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

Vol. 164 WASHINGTON, WEDNESDAY, FEBRUARY 7, 2018 No. 24 House of Representatives The House met at 9 a.m. and was come forward and lead the House in the this Friday. I cannot think of an offi- called to order by the Speaker. Pledge of Allegiance. cer more deserving than Officer Sean f Mrs. MURPHY of Florida led the Gallagher, and I congratulate him for Pledge of Allegiance as follows: his heroism. PRAYER I pledge allegiance to the Flag of the The Chaplain, the Reverend Patrick United States of America, and to the Repub- f J. Conroy, offered the following prayer: lic for which it stands, one nation under God, Thank You, God, for giving us an- indivisible, with liberty and justice for all. CELEBRATING THE 325TH ANNI- other day. Please bless the Members of f VERSARY OF THE COLLEGE OF the people’s House and the men and ANNOUNCEMENT BY THE SPEAKER women of the Senate in these waning WILLIAM & MARY The SPEAKER. The Chair will enter- days of funding for the government. (Mrs. MURPHY of Florida asked and tain up to five requests for 1-minute May their efforts to find a workable was given permission to address the speeches on each side of the aisle. solution to difficult issues result in House for 1 minute and to revise and legislation that will redound to the f extend her remarks.) benefit of our Nation. RECOGNIZING THE HEROISM OF Mrs. MURPHY of Florida. Madam May all that is done this day be for PORT AUTHORITY OFFICER SEAN Speaker, as a member of the class of Your greater honor and glory. GALLAGHER Amen. 2000, I rise to celebrate the 325th anni- (Mr. LANCE asked and was given per- versary of the College of William & f mission to address the House for 1 Mary. THE JOURNAL minute and to revise and extend his re- William & Mary may be the second The SPEAKER. The Chair has exam- marks.) oldest college in America, but it is first ined the Journal of the last day’s pro- Mr. LANCE. Mr. Speaker, I rise in the hearts of its students and alum- ceedings and announces to the House today to thank and recognize the her- ni. The college educated many of our his approval thereof. oism of a constituent of New Jersey’s Nation’s Founding Fathers and con- Pursuant to clause 1, rule I, the Jour- Seventh Congressional District. tinues to take pride in producing grad- nal stands approved. This past December, the Port Au- uates who enter public service, includ- Ms. ROS-LEHTINEN. Mr. Speaker, thority of New York & New Jersey ing four current Members of Congress. pursuant to clause 1, rule I, I demand a came under attack by a terrorist set on the destruction of American lives. One Like it has for so many others, Wil- vote on agreeing to the Speaker’s ap- liam & Mary changed my life. As the proval of the Journal. of the officers responsible for thwart- ing the terrorist’s plot was Port Au- daughter of refugees from Vietnam who The SPEAKER. The question is on became residents of Virginia, I was the the Speaker’s approval of the Journal. thority Officer Sean Gallagher. Many lives were saved that day as a direct re- first woman in my family to attend The question was taken; and the college. I arrived on campus feeling a Speaker announced that the ayes ap- sult of the quick and decisive actions of Officer Gallagher of Hunterdon little alone and more than a little peared to have it. nervous. Yet, from the moment I Ms. ROS-LEHTINEN. Mr. Speaker, I County, New Jersey. walked through Wren Portico as a object to the vote on the ground that a Those who know Sean Gallagher per- freshman to the moment I rang the quorum is not present and make the sonally were not surprised when they Wren bell after my last class as a sen- point of order that a quorum is not learned that he had played a decisive ior, William & Mary always made me present. role in foiling the attack and appre- feel that I was part of a close-knit com- The SPEAKER. Pursuant to clause 8, hending the Port Authority bomber. In munity, a tribe, if you will, bound to- rule XX, further proceedings on this the aftermath of the attack, many of gether by pride and tradition. question will be postponed. Officer Gallagher’s friends and ac- The point of no quorum is considered quaintances were asked what character I learned so much during my 4 years withdrawn. traits Officer Gallagher possessed, and on campus, creating friendships and f a common theme emerged: a strong making memories that have lasted a work ethic and a patriotic desire to lifetime. So, to William & Mary the in- PLEDGE OF ALLEGIANCE protect his community and Nation. stitution and to those whose efforts The SPEAKER. Will the gentle- Mr. Gallagher will receive the Port have made it such a special place, I woman from Florida (Mrs. MURPHY) Authority PBA’s Cop of the Year award say, ‘‘Thank you, and happy birthday.’’

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

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VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07FE7.000 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H906 CONGRESSIONAL RECORD — HOUSE February 7, 2018 EXPRESSING HOPE FOR AN colleagues to join me in honoring these Mike Love’s leadership, I ask that we IMPROVED IMMIGRATION SYSTEM selfless professionals. honor him again as a father, a husband, (Mr. CURTIS asked and was given f an environmentalist, and, yes, a man who has given us the most beautiful, permission to address the House for 1 DEBT JUNKIE SPENDING BILL minute.) layered music of American modern his- (Mr. BROOKS of Alabama asked and tory as it continues 55 years on. Mr. CURTIS. Madam Speaker, I real- was given permission to address the f ize that few policy topics are more ten- House for 1 minute.) uous and challenging than immigration Mr. BROOKS of Alabama. Madam ASKING FERC TO DO WHAT IS reform, but I believe, before us now, is Speaker, Republicans won the House in RIGHT FOR DOWNEAST MAINE a unique window of opportunity that 2010 in part because of the danger posed (Mr. POLIQUIN asked and was given will allow us to solve some of these by America’s 4-year string of trillion- permission to address the House for 1 complex problems. dollar deficits. minute and to revise and extend his re- We can make this a historic time for House Republicans sliced America’s marks.) our country. As we come together to deficit to $438 billion in 2015, but then Mr. POLIQUIN. Madam Speaker, find solutions for more than 800,000 our finances took a dramatic turn for Downeast Maine, along the Canadian DREAMers, we need to take advantage the worse. America’s deficit surged to border, is one of the most stunningly of this moment to also address addi- $585 billion in 2016 and $666 billion in beautiful parts of the world, but, sadly, tional aspects of our broken immigra- 2017. Congress is expected to soon vote it is also one of the poorest. tion system. My hope is that Congress on a debt junkie spending bill that During the past 30 years, Madam will pass a bill that provides certainty blows America’s deficit sky-high by Speaker, most of our paper mills in for DREAMers while also bringing hundreds of billions of dollars in 2018 Maine have closed because of high meaningful improvements to our visa alone. taxes, harmful regulations, unfair programs for seasonal workers and our Madam Speaker, there is a narrow trade, and a declining demand for highly skilled immigrants, along with path between adequate national secu- paper. However, Madam Speaker, the providing resources for enhanced bor- rity funding and avoiding a national Woodland Pulp and tissue mill is doing der security. insolvency that decimates our military quite well: 500 well-paying jobs with We know that not every special in- and risks American lives. That path is benefits, the largest private sector em- terest group will get everything they as narrow as Zion National Park’s An- ployer in Washington County, in want, but I believe, if we work to- gels Landing Trail. One misstep left or Downeast Maine. gether, we can give the American peo- right and you fall hundreds of feet to Today, Madam Speaker, the Federal ple exactly what they expect: an im- your death. Government has a chance to help. proved immigration system that we The Senate spending bill is a debt Since 1836, the Woodland mill has man- desperately need. junkie’s dream, a nightmare, and a misstep that plunges America into dis- aged an upriver Forest City water stor- f aster. It must not pass. age dam to make sure the river and the lake levels in the area are properly RECOGNIZING SCHOOL COUNSELOR f DANA ZAPANTA AND DESIG- maintained, and this makes sure that HONORING FOUNDING MEMBER OF the fragile and world-class salmon and NATING THIS WEEK NATIONAL THE BEACH BOYS, MIKE LOVE SCHOOL COUNSELING WEEK bass fisheries are protected. But now, Madam Speaker, the Fed- ´ (Mr. ISSA asked and was given per- (Ms. SANCHEZ asked and was given mission to address the House for 1 eral Energy Regulatory Commission is permission to address the House for 1 minute and to revise and extend his re- demanding that the Woodland mill minute and to revise and extend her re- marks.) spend $6 million on a fish ladder and marks.) Mr. ISSA. Madam Speaker, I come to other requirements in order to renew ´ Ms. SANCHEZ. Madam Speaker, I the House floor today to speak about a its license. But the dam already has a rise to recognize the tireless work of husband, a father, an avid environ- fish ladder that works fine, and it does school counselors across the country mentalist with over 55 years’ experi- not generate any electricity for the and in the 38th District of California, ence in just one profession. Madam mill, and it cannot afford the $6 million whom I am honored to represent. These Speaker, I come here to speak about price tag for these unnecessary require- public servants guide students through and to honor the life of Mike Love, a ments. academic, social, and personal develop- founding member of The Beach Boys, Now, the Maine Legislature, Madam ment. one of the most popular music groups Speaker, has already voted to allow Dana Zapanta, a counselor at Artesia of all time, a group that has enter- Maine Inland Fisheries & Wildlife to High School in my district, is exactly tained us on The Mall of the Capitol assume control of the dam to make the type of champion that students more than any other band in history, a sure this wildlife habitat and the prop- need. Dana, a 12-year counseling vet- patriotic group that speaks in lyrics erty owners are protected and that the eran, has been instrumental in the de- that are timeless. mill can continue to prosper without velopment of Artesia’s Career Tech- Love has spent an extraordinary 55 these undue and unnecessary regula- nical Education program. She also co- years and counting as the group’s lead tions. ordinates numerous events, including singer and one of its principal lyricists, Madam Speaker, I ask today, right AP Student Night and college fairs. with 13 gold albums, 55 Top 100 hits, now, that FERC do what is right and Thanks in part to her unwavering com- and 4 singles alone. He, himself, wrote allow the transfer of the ownership of mitment to students, the graduation the lyrics to the great pop classics this dam from the mill to the State of rate is nearly 99 percent. ‘‘Good Vibrations,’’ ‘‘California Girls,’’ Maine, which solves this critically im- Despite the important contributions ‘‘Surfin’ USA,’’ and ‘‘Kokomo,’’ for the portant problem in one of the poorest counselors like Dana make every day, father. areas of the country. counseling positions are not always The Beach Boys, from their Cali- f protected when local budgets are cut. fornia roots, have, in fact, been a glob- The average student-to-counselor ratio al ambassador for California and for MORTGAGE CHOICE ACT OF 2017 in our Nation’s public schools is almost America. But more importantly, at a Mr. HENSARLING. Madam Speaker, double the ratio recommended by the time in which words are sometimes pursuant to House Resolution 725, I American School Counselor Associa- vulgar or unintelligible, that is never call up the bill (H.R. 1153) to amend the tion. the case with The Beach Boys. They Truth in Lending Act to improve upon Students deserve to have the support sing of the greatness of our country, of the definitions provided for points and of school counselors like Dana. That is our lands, and particularly of Cali- fees in connection with a mortgage why I am proud to introduce a resolu- fornia. transaction, and ask for its immediate tion to designate this week as National So, with the unprecedented success consideration. School Counseling Week. I urge my and continuation of this band under The Clerk read the title of the bill.

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.002 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H907 The text of the bill is as follows: I would like to start out thanking culated by excluding fees paid for af- H.R. 1153 my colleague, the gentleman from filiated title charges and escrow Be it enacted by the Senate and House of Rep- Michigan (Mr. HUIZENGA) for his tire- charges for insurance and taxes. That resentatives of the United States of America in less leadership on this issue, having would, therefore, Madam Speaker, in- Congress assembled, ushered this very same legislation crease homeownership opportunities SECTION 1. SHORT TITLE. through our committee in three dif- for borrowers by allowing more loans This Act may be cited as the ‘‘Mortgage ferent Congresses. to meet the QM standard. Choice Act of 2017’’. The purpose of H.R. 1153 is simple: to Let’s not just listen to me, Madam SEC. 2. DEFINITION OF POINTS AND FEES. provide much-needed regulatory red Speaker. Let’s listen to our community (a) AMENDMENT TO SECTION 103 OF TILA.— tape relief to our community financial financial institutions that we expect to Section 103(bb)(4) of the Truth in Lending institutions so they can serve their help our constituents. A credit union Act (15 U.S.C. 1602(bb)(4)) is amended— customers; so they can provide them from Washington explained how this (1) by striking ‘‘paragraph (1)(B)’’ and in- more mortgages. This is a straight- was affecting everyday Americans. serting ‘‘paragraph (1)(A) and section 129C’’; They wrote: ‘‘A member at our credit (2) in subparagraph (C)— forward piece of legislation. It is prac- (A) by inserting ‘‘and insurance’’ after tical, it is necessary, and, Madam union wanted to buy down his rate on ‘‘taxes’’; Speaker, it is bipartisan. his mortgage with cash out of pocket (B) in clause (ii), by inserting ‘‘, except as Now, you may hear today, Madam at closing in order to lower the pay- retained by a creditor or its affiliate as a re- Speaker, from some of our Democratic ments for his retirement. However, sult of their participation in an affiliated colleagues that ‘‘we oppose the bill.’’ doing so would have made his total business arrangement (as defined in section We heard that claim in the Rules Com- points and fees higher than allowed 2(7) of the Real Estate Settlement Proce- mittee earlier this week. But I do find under ATR/QM, and there was no allow- dures Act of 1974 (12 U.S.C. 2602(7))’’ after it interesting that no amendments able way around the problem.’’ ‘‘compensation’’; and (C) by striking clause (iii) and inserting were offered during committee mark- From my native Texas, a community the following: up, nor were any amendments offered banker wrote in and said: ‘‘The great- ‘‘(iii) the charge is— at the Rules Committee. I remind all est frustration our customers have is ‘‘(I) a bona fide third-party charge not re- on the House floor, Madam Speaker, our bank’s inability to now make home tained by the mortgage originator, creditor, that the Financial Services Committee loans. For years we made loans to peo- or an affiliate of the creditor or mortgage favorably reported this bill to the ple for the purchase of their homes. We originator; or House with a strong bipartisan vote of would do about one every other week. ‘‘(II) a charge set forth in section 46–13, which means almost half of the So it was not a large volume. It was a 106(e)(1);’’; and (3) in subparagraph (D)— Democrats on our committee supported good service. We always made these (A) by striking ‘‘accident,’’; and this bill; and in the 113th Congress, loans to keep in our loan portfolio. We (B) by striking ‘‘or any payments’’ and in- Madam Speaker, this bill passed by never sold any home loans, but with serting ‘‘and any payments’’. voice vote—not a single objection. the new requirements for home loans, (b) AMENDMENT TO SECTION 129C OF TILA.— Madam Speaker, this bill would help it has driven us out of this kind of Section 129C of the Truth in Lending Act (15 make homeownership more affordable business. It has also taken us out of the U.S.C. 1639c) is amended— for working Americans and would pro- construction lending on homes because (1) in subsection (a)(5)(C), by striking ‘‘103’’ mote access to affordable mortgage we cannot risk the risk of a takeout and all that follows through ‘‘or mortgage credit for low- and moderate-income originator’’ and inserting ‘‘103(bb)(4)’’; and commitment failing. The consumer is (2) in subsection (b)(2)(C)(i), by striking families and first-time home buyers. It the loser.’’ ‘‘103’’ and all that follows through ‘‘or mort- does this while continuing to protect Indeed, that is true, Madam Speaker. gage originator)’’ and inserting ‘‘103(bb)(4)’’. consumers. As I mentioned earlier, Mr. HUIZENGA SEC. 3. RULEMAKING. The Mortgage Choice Act is needed has worked on this bill for the past two Not later than the end of the 90-day period because the CFPB wrote a flawed and Congresses again. In the 113th Con- beginning on the date of the enactment of problematic definition that grossly gress, it passed by voice vote. It passed this Act, the Bureau of Consumer Financial miscalculates points and fees. The re- by an overwhelming majority of 286–140 Protection shall issue final regulations to sult is that many mortgage loans, par- in the 114th Congress. I trust the third carry out the amendments made by this Act, ticularly those for low- and moderate- time will be the charm. and such regulations shall be effective upon income borrowers, would not meet the I urge all of my colleagues to do what issuance. standards of a qualified mortgage and is right for our constituents and to The SPEAKER pro tempore (Ms. ROS- thus not get made. pass H.R. 1153 to provide open access LEHTINEN). Pursuant to House Resolu- Currently, CFPB rules include affili- for Americans to purchase a home. tion 725, the gentleman from Texas ated title charges under a 3 percent cap Madam Speaker, I reserve the bal- (Mr. HENSARLING) and the gentlewoman when determining whether a mortgage ance of my time. from New York (Ms. VELA´ ZQUEZ) each is a qualified mortgage, but it doesn’t Ms. MAXINE WATERS of California. will control 30 minutes. include unaffiliated. This does not Madam Speaker, I yield myself such The Chair recognizes the gentleman make sense. The CFPB rules are detri- time as I may consume. from Texas. mental, again, to low- and moderate- Madam Speaker, I rise today in oppo- GENERAL LEAVE income borrowers and first-time home sition to H.R. 1153, the so-called Mort- Mr. HENSARLING. Madam Speaker, buyers since they are more likely to gage Choice Act of 2017. I ask unanimous consent that all Mem- have smaller loan amounts and, there- Unfortunately, this bill is yet an- bers may have 5 legislative days within fore, more easily trigger the 3 percent other attempt to undermine the strong which to revise and extend their re- cap. consumer protections Democrats estab- marks and submit extraneous material That means under the current defini- lished under the Dodd-Frank Wall on H.R. 1153, currently under consider- tion, many mortgage applicants will be Street Reform and Consumer Protec- ation. denied homeownership opportunities tion Act, taking us back to the days of The SPEAKER pro tempore. Is there simply because they do not fit into the the subprime bubble. objection to the request of the gen- government box; or the only mortgages While some of my colleagues on the tleman from Texas? in the alternative available to them other side of the aisle have forgotten There was no objection. might be at far higher interest rates, those days, I haven’t. I remember how making them unaffordable for many. In predatory lenders targeted b 0915 other words, the CFPB’s defective defi- unsuspecting home buyers by hiding Mr. HENSARLING. Madam Speaker, nition has ended up protecting many fees and obscuring loan costs, tricking I yield myself such time as I may con- consumers right out of their oppor- them into exploding mortgages and sume. tunity to buy a home. locking them into loans that they real- Madam Speaker, I rise today in sup- H.R. 1153, from the gentleman from ly couldn’t afford. port of H.R. 1153, the Mortgage Choice Michigan (Mr. HUIZENGA), would Millions of home buyers were steered Act of 2017. change the way points and fees are cal- into high-cost, subprime loans even

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.003 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H908 CONGRESSIONAL RECORD — HOUSE February 7, 2018 when they qualified for prime mort- that trapped borrowers in loans they of creating more ways for these gages, and lenders didn’t even bother couldn’t afford and that led to the fi- megabanks, like Wells Fargo, to gouge to verify whether or not borrowers had nancial crisis. American consumers. the ability to repay their mortgages. The points and fees cap included When Congress considered this same They weren’t required to do that, so under the QM definition includes, measure last term, the Obama adminis- they didn’t. The end result was ramp- among other things, real estate-related tration issued a veto threat, stating ant fraud on a massive scale to mil- fees paid to affiliates of the lender for that the bill ‘‘risked eroding consumer lions of foreclosures and a tremendous services, such as property appraisals, protections and returning the mort- loss of generational wealth, particu- settlement services, and title insur- gage market to the days of careless larly for Black homeowners. Some of ance. Fees paid to affiliates of the lend- lending focused on short-term profits.’’ my constituents are still struggling er pose greater risks to borrowers since Madam Speaker, buying a home is and trying to recover from the finan- lenders cannot steer borrowers directly likely the largest purchase most con- cial devastation that occurred during to their affiliates without open com- sumers will ever make. For this reason this financial crisis. petition, and higher prices charged by alone, Congress should absolutely re- The last thing Congress should do is affiliates directly benefit the lenders. ject proposals like H.R. 1153 that would to open the door to a return to these Affiliate title insurance is especially permit residential mortgage lenders to fraudulent and harmful policies, yet problematic. The title insurance indus- take advantage of borrowers trying to that is exactly what H.R. 1153 would try is notoriously opaque. Due to a achieve the American Dream. do. This bill seems like a technical fix lack of competition and readily avail- Finally, a long list of groups, includ- to allow affiliated title insurance and able information on terms and pricing, ing civil rights groups, such as the settlement services firms to be ex- consumers do not shop around for title NAACP and the Leadership Conference cluded from the qualified mortgage insurance as they might for other prod- on Civil and Human Rights, as well as rule’s 3 percent cap on upfront points ucts and services. Megabanks, like consumer groups at the National, and fees paid by borrowers. But make Wells Fargo, have used title insurance State, and local level, like Americans no mistake, there is nothing technical to take advantage of consumers for Financial Reform, National Con- about this. In fact, this bill would through illegal kickbacks schemes. sumer Law Center, and the Center for allow title insurance companies to jack The Consumer Bureau took an en- Responsible Lending, all oppose this up prices on borrowers and allow lend- forcement action in 2015 against Wells so-called Mortgage Choice Act. ers to receive what would otherwise be Fargo and JPMorgan Chase, ordering So for all of these reasons, I strongly illegal kickbacks. those megabanks to pay more than $24 urge my colleagues to join me in oppos- Under this bill, lenders, including re- million in civil penalties and more ing H.R. 1153. peat offender megabanks, like Wells than $11 million to consumers harmed Madam Speaker, I reserve the bal- Fargo, would have new opportunities by their kickback schemes with Gen- ance of my time. to reap huge financial profits at their uine Title, a now defunct title com- Mr. HENSARLING. Madam Speaker, customers’ expense by steering them pany. I yield myself 10 seconds to say that, if into costly title insurance policies that At the time, Director Cordray said: the ranking member would read sec- have no cap on fees whatsoever. ‘‘These banks allowed their loan offi- tion 8(a) of RESPA, she would realize Prior to the enactment of Dodd- cers to focus on their own illegal finan- everything she said was false because it Frank, lenders were able to earn tre- cial gain rather than on treating con- prevents any fee, kickback, or thing of mendous profits through lucrative sumers fairly. Our action today to ad- value. kickbacks paid by their affiliates. The dress these practices should serve as a Second of all, what she describes as a Real Estate Settlement Procedures warning for all those in the mortgage harmful and fraudulent policy was sup- Act, or RESPA, prohibits giving a fee market.’’ ported by half of her Democrats, in- kickback or thing of value in exchange Madam Speaker, these kickback cluding her vice ranking member, Mr. for a referral of business related to a schemes continue despite Congress’ ef- KILDEE from Michigan. real estate settlement service. But this forts to shut them down, and would Madam Speaker, I yield 6 minutes to kickback prohibition does not apply to likely increase if H.R. 1153 is enacted. the gentleman from Michigan (Mr. affiliated companies of lenders, like a Because H.R. 1153 would remove fees HUIZENGA), who is the sponsor of the title insurance firm. To avail them- that are charged by a lender’s affiliate legislation and the chairman of the Fi- selves of this kickback loophole, some title insurance company from the QM nancial Services Subcommittee on lenders have bought or created busi- fee cap, the bill directly encourages Capital Markets, Securities, and In- nesses to enable them to profit directly lenders to, once again, steer borrowers vestments. from the relationship. to their affiliates so they can extract So Dodd-Frank established the re- even more money from them. b 0930 sponsible underwriting practice of re- Now, supporters of the bill argue Mr. HUIZENGA. Madam Speaker, I quiring lenders to verify a borrower’s that, because individual States provide rise today in support of H.R. 1153. ability to repay when they originate a adequate regulation over the title in- As someone who worked in the hous- loan. Dodd-Frank also enabled lenders surance industry, it is unnecessary, ing industry, in fact, for the third gen- to obtain some legal protections when they say, to have additional safeguards eration, this is a very important issue making residential mortgages if those related to affiliated title companies to me and, more importantly, to all of loans are considered a qualified mort- and the fees they charge. However, re- our constituents across the country. gage or QM. search from the National Association The qualified mortgage/ability-to- To be considered QM, a loan must of Insurance Commissioners shows that repay rule, as mandated by the Dodd- have terms and conditions that are un- State laws do not, by themselves, offer Frank Act, went into effect in January derstandable to borrowers and not con- robust protection to consumers with 2014. This QM rule is the primary tain predatory features considered to title insurance. More than half of all means for mortgage lenders to satisfy be unfair or deceptive. QM loans, for States don’t even collect data from its ability-to-repay requirements. Ad- example, can’t be interest-only loans, title agents. Some States have ‘‘no par- ditionally, Dodd-Frank provides that a longer than 30 years, or have balloon ticular standard’’ for determining QM may not have points and fees in ex- payments. Specific to the bill we are whether title insurance rates are ade- cess of 3 percent of the loan amount. considering today, the amount of up- quate, and even a couple, like Illinois So far, so good. front points and fees on QM loans can- and Arkansas, do not regulate title in- As currently defined, however, points not exceed 3 percent of the total surance rates at all. and fees include, among other charges: amount of the loan. Congress should be strengthening salaries paid to loan officers; loan level In short, QM loans are supposed to be prohibitions on kickbacks, not weak- price adjustments, as the chairman was low risk, prudently underwritten, and ening them. We should enable bor- talking about, which are traditionally free from the type of features associ- rowers to get the best price, terms, and known as points; payments by lenders ated with those predatory mortgages conditions on mortgage loans instead to correspondent banks, credit unions,

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.005 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H909 and mortgage brokers in wholesale mote access to affordable mortgage ance do not count as ‘‘points and fees.’’ The transactions; and, as has been dis- credit for low- and moderate-income legislation is needed to ensure that smaller cussed, fees paid to affiliated, but not families and, indeed, all families, espe- loans to creditworthy low and moderate-in- unaffiliated, title companies; and—this cially first-time home buyers, by en- come consumers can select the mortgage lender and title insurance provider of their is the one that is most bizarre of all— suring that safe, properly underwritten choice and obtain a ‘‘qualified mortgage,’’ amounts of insurance and taxes held in mortgages pass the QM test. the gold standard for all mortgages. escrow. That counts towards that 3 per- Whether or not you supported Dodd- The bill authorizes the Consumer Finan- cent. Frank, it is clear that the law is going cial Protection Bureau to implement rules As a result of this confusing and to require some tweaks to ensure quali- governing the exclusion of reasonable title problematic definition, many affiliated fied borrowers aren’t locked out of insurance charges from ‘‘points and fees.’’ It loans, particularly those made to low- home ownership and the beneficial fea- preserves the Bureau’s strong enforcement and moderate-income borrowers, would authority to require transparency and dis- tures of a qualified mortgage. closure of affiliations and charges under the not qualify as QMs. Without that des- The QM represents the best mortgage Real Estate Settlement Procedures Act ignation, it is unlikely the loan would on the market. It is the gold standard. (RESPA). In fact, the CFPB has been vig- be made. And if it were, it would only And it should be the gold standard. We orous in its pursuit of RESPA violations, be available at higher rates, due to the should want more responsible people ranging from minor disclosure errors to heightened liability risks. Consumers getting QMs, not fewer. kick-backs for referrals by an unaffiliated would lose the ability to take advan- Quite frankly, this is something we title company. tage of the convenience and market ef- We urge you and the entire Senate to should all agree on. In fact, we did last quickly adopt the Mortgage Choice Act to ficiencies offered by one-stop shopping. year. Our bill doesn’t touch any of the improve access to credit, enhance competi- Hardworking Americans utilize one- CFPB’s strict underwriting criteria. It tion among title insurance providers, and re- stop shopping every day. They partake doesn’t, in any way, suspend a lender’s inforce the CFPB’s authority to define what in it. For example, in west Michigan, legal requirement to determine that a title insurance costs qualify as excludable we have the headquarters of Meijer. It borrower has the ability to repay that ‘‘points and fees.’’ is a great regional supermarket chain, loan. Sincerely, and it is where families across the Mid- The ranking member points out a David Scott; Maxine Waters; Emanuel west go to buy groceries, pick up Cleaver; Henry Cuellar; Daniel T. Kil- real problem that happened in the in- dee; Jim McDermott; Patrick Murphy; clothes for the kids, and pick up auto dustry and that, frankly, many of us in Gerald E. Connolly; Michael F. Doyle; parts. It is one-stop shopping that al- the industry warned of, but this does Betty McCollum; Gregory W. Meeks; lows you to get just about everything nothing that allows State regulated Gary C. Peters. you need for your home. title insurance to be violated or any of Mr. HUIZENGA. In the letter, she Well, purchasing a home is one of the those Federal steps regarding the stated that the bill would ‘‘improve ac- most important decisions a family qualified mortgage. It, in no way, side- cess to credit’’ and ‘‘enhance competi- makes. Why shouldn’t they have the steps RESPA or QM requirements. tion among title insurance providers.’’ same ability to take advantage of that Mr. Speaker, I must admit that I am Well, I couldn’t agree more with the same cost-effective convenience of one- completely baffled by the ranking ranking member. stop shopping when buying a home? member’s new opposition to this bill. She talks now of kickbacks. I am I, along with Representative GREG- This bill was very carefully negotiated confused as to how an affiliated title ORY MEEKS, reintroduced H.R. 1153, bi- in order to receive bipartisan support, structure, pricing structure, versus an partisan legislation to modify and clar- which the ranking member voted for unaffiliated title purchase is somehow ify the way points and fees are cal- previously. In fact, she was so sup- a kickback. culated and help families across Amer- portive that she, along with 11 other I am confused at how an escrow, ica to one-stop shop. Democrats from the committee, sent a money that is ours that is put into a This legislation is narrowly focused letter, dated August 1, 2014, to the Sen- holding account to be used later to pay to promote access to affordable mort- ate urging them to ‘‘quickly adopt the off debt, is a kickback. gage credit without overturning the Mortgage Choice Act.’’ The SPEAKER pro tempore (Mr. important consumer protections and Mr. Speaker, I include in the RECORD DONOVAN). The time of the gentleman sound underwriting required under the letter of August 1, 2014. has expired. Dodd-Frank’s ability-to-repay provi- HOUSE OF REPRESENTATIVES, Mr. HENSARLING. Mr. Speaker, I sions. As the chairman pointed out, Washington, DC, August 1, 2014. yield the gentleman from Michigan an also. The RESPA provisions that are DEAR MAJORITY LEADER REID, CHAIRMAN additional 30 seconds. Federal law stay in place. JOHNSON AND MEMBERS OF THE SENATE COM- Mr. HUIZENGA. Mr. Speaker, I wish Very similar legislation overwhelm- MITTEE ON BANKING, HOUSING, AND URBAN AF- I had time to yield to the gentlewoman ingly passed the House of Representa- FAIRS: On June 9, the House passed the Mort- to hear that answer. tives last Congress as well as in the gage Choice Act (H.R. 3211), on the suspen- She is talking about megabanks. sion calendar without objection. Senators 113th. This is, frankly, just a red herring in I think it is important to note that Manchin and Johanns introduced a com- panion bill, S. 1577 in October, but it has not this whole thing. when we first introduced this bill in yet been considered. We support the Mort- Congress has the opportunity to help 2012, it looked substantially different. gage Choice Act because of our concern more Americans realize a portion of However, working with my colleagues about lower-income consumers’ access to the American Dream, not by some on the other side of the aisle, we credit and their ability to select the mort- grandiose law or decree, but by simply worked together to improve the legis- gage and title insurance providers of their reforming a burdensome regulation. lation. The result has been a truly bi- choice. Home ownership has been a pillar in partisan effort at every step of the way Passage of H.R. 3211 represents the fourth American life for generations. Today, in the legislative debate. time that the House has approved virtually identical legislation without objection. In we can reaffirm that pillar and reassert Specifically, H.R. 1153 would do a 2007 and 2009, a Democratic House majority that home ownership can and should be couple of things. It would provide equal passed essentially the same provision in the an attainable goal. treatment for affiliated versus unaffili- Miller-Watt-Frank anti-predatory lending Mr. Speaker, I thank my colleague, ated title fees. It doesn’t change the 44 legislation, and then a third time as part of Representative MEEKS, and many oth- States that have a regulated title in- the House’s version of the Dodd-Frank Wall ers who have worked so tirelessly on surance cost structure. It doesn’t Street Reform and Consumer Protection Act this to fix this flawed provision, and I change any of those costs that a home- in 2010. encourage all of my colleagues to vote owner would have. It just allows them The Mortgage Choice Act simply excludes for H.R. 1153. the cost of title insurance from the defini- to actually go lower, rather than high- tion of points and fees under the Truth in Ms. MAXINE WATERS of California. er. Lending Act regardless of whether a title in- Mr. Speaker, I yield myself such time It also clarifies the treatment of in- surance agent is affiliated with a mortgage as I may consume. surance held in escrow. These two sim- lender or not. It also clarifies that funds held Mr. Speaker, I would like to correct ple, commonsense changes will pro- in escrow for the payment of property insur- the chairman.

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.008 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H910 CONGRESSIONAL RECORD — HOUSE February 7, 2018 He said that RESPA prohibits kick- markets. This bipartisan legislation in support of anything that would backs. While RESPA prohibits paying does so by clarifying and recalibrating cause a home buyer to have to pay kickbacks to third-party title agen- the points and fees limitations in- more money in fees when they are tak- cies, the law does not prohibit pay- cluded in the Dodd-Frank qualified ing out a mortgage. ments to affiliated title firms. This mortgage framework. On a $400,000 mortgage, you are talk- incentivizes a title agency to be affili- The current situation doesn’t make ing about you want to go beyond a ated so it can gain the payment option sense, Mr. Speaker. If a consumer $12,000 cap, which is 3 percent? Why without violating RESPA, including af- chooses an unaffiliated title insurance would you want to do that to a home- filiated title insurance fees in the QM provider, the transaction doesn’t count owner? defines points and fees caps, provides towards points and fees. But if that What we are saying is, under QM and important market pressure to control consumer chooses to work with an af- what we worked so hard to establish, costs for consumers, and supports ac- filiated provider, it does. was to put a cap on all of these fees so cess to credits. Despite what you may hear, this ar- that the homeowners, the home buyers, By the way, when we talk about bitrary stipulation in the points and would not be paying more than 3 per- RESPA, we are talking about the real fees definition doesn’t protect con- cent of that mortgage. estate settlement procedures that de- sumers. It punishes them by limiting We think that is fair. fine all of this. and, in some cases, eliminating mort- Now you want to open up the flood So let’s be clear again that, while gage and housing options, pushing gates so that these title companies can RESPA prohibits paying kickbacks to more and more loans farther and far- increase the amount of that they are third-party title agents, the law does ther away from QM status. Like too charging and go beyond the 3 percent. not prohibit payments to affiliated many of the rules handed out by the How much higher do you want it to title firms. CFPB, it is the consumer that loses. go? Do you want them to be able to go Mr. Speaker, I reserve the balance of Simply put, the goal of H.R. 1153 is to up to 4 percent or 5 percent with these my time. help low-and middle-income borrowers homeowners who are paying Mr. HENSARLING. Mr. Speaker, I as well as prospective first-time buyers downpayments and who are trying to yield 3 minutes to the gentleman from realize the American Dream: owning get into homes? Why is it you want to Missouri (Mr. LUETKEMEYER), chairman their own home. expand beyond a 3 percent cap on the of the Financial Services Sub- I thank the gentleman from Michi- average hardworking home buyer in committee on Financial Institutions gan for his leadership on this issue. I this country? and Consumer Credit. urge strong support for the legislation. I don’t get it. I don’t understand it. Mr. LEUTKEMEYER. Mr. Speaker, I Ms. MAXINE WATERS of California. Mr. Speaker, I reserve the balance of want to start by thanking the gen- Mr. Speaker, I reserve the balance of my time. tleman from Michigan (Mr. HUIZENGA). my time. Mr. HENSARLING. Mr. Speaker, I He has worked on this bill for some Mr. HENSARLING. Mr. Speaker, I yield 3 minutes to the gentleman from time, and I appreciate his commitment yield 2 minutes to the gentlewoman Pennsylvania (Mr. ROTHFUS), the vice to the issue of access to mortgage cred- from Missouri (Mrs. WAGNER), the chair chairman of the Financial Services it. His background is such that he un- of the Committee on Armed Services Subcommittee on Financial Institu- derstands this issue, being in the real Subcommittee on Oversight and Inves- tions and Consumer Credit. estate business and the retail develop- tigations. b 0945 ment business. So this is something he Mrs. WAGNER. Mr. Speaker, H.R. is passionate about and really has an 1153, the Mortgage Choice Act, provides Mr. ROTHFUS. Mr. Speaker, I rise in-depth knowledge of. needed clarity to the calculation of today to express my support for H.R. I know Mr. HUIZENGA has seen in points and fees for qualified mortgages, 1153, the Mortgage Choice Act. As a co- Michigan what I have seen in Missouri or QM, especially for those companies sponsor of the bill and the vice chair- and around the Nation: the regulatory affiliated with real estate brokers. man of the Financial Institutions and regime governing the mortgage market Established under the ability-to- Consumer Credit Subcommittee, I is growing overly complex and becom- repay/QM section of the Truth in Lend- strongly encourage my colleagues to ing, as a result, inaccessible for far too ing Act, H.R. 1153 would amend the def- support its passage. many borrowers. inition of points and fees and allow As we all know, community financial In a Financial Institutions Sub- more loans to qualify, thus increasing institutions continue to close or merge committee hearing held earlier this choices for all borrowers. at an alarming rate. We just saw an ar- year, we had a situation where a credit Chairman HUIZENGA’s bipartisan leg- ticle the other day that about 1,700 union executive came in and had a islation does not create a QM loophole branches across the country have huge file about 3-inches thick. I asked like some would argue. Instead, H.R. closed, and to go through some of the him: Can you tell me how many pages 1153 rightly attempts to level the play- towns in western Pennsylvania where are in that file? He said: Congressman, ing field, regardless of whether the you see the only branch closed is strik- we no longer measure by the page; we lender is affiliated with a title agency ing. measure by the pound. That is how out or not. As we all know, community financial of whack our system has become with In addition, H.R. 1153 does not allow institutions continue to close or merge regard to trying to make home mort- high-cost loans to qualify as QMs. By at an alarming rate. Bit by bit, fami- gage loans. allowing loans with the same points lies across America are losing access to These regulatory burdens associated and fees to be treated equally under vital financial products like home with making home loans have forced the law, Chairman HUIZENGA’s bill cor- mortgages. Regulations like the quali- many institutions completely out of rects one of the many flaws of the post- fied mortgage, or QM rule, make it the market altogether. I have a num- Dodd-Frank era. even harder for Americans to get a ber of banks in my area that no longer Thanks to the Mortgage Choice Act, mortgage and realize the dream of make home loans because of these it will now be easier for low- and mod- homeownership. overly burdensome rules and regula- erate-income Americans to buy a For small mortgages, points and fees tions and costs that have to be passed home. I commend my colleague, Chair- can often exceed 3 percent, which leads onto the consumers. man HUIZENGA, for his bipartisan work these mortgages to be designated as The CFPB’s qualified mortgage rule on this issue, and I urge all Members to higher priced non-QM loans. This dis- has had particular success in limiting support this legislation. courages financial institutions from access to mortgage credit for many Ms. MAXINE WATERS of California. lending to Americans with moderate consumers who may otherwise be Mr. Speaker, I yield myself such time incomes and first-time home buyers; deemed to be qualified borrowers. The as I may consume. that is why, because loans aren’t there. Mortgage Choice Act seeks to change Mr. Speaker, for the life of me, I can- Chairman HUIZENGA’s bill wisely ad- some of this by increasing competition not understand why my colleagues on dresses this issue by excluding several in the mortgage and title insurance the opposite side of the aisle would be items from the calculation of QM

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.009 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H911 points and fees. The bill excludes The rule promulgated by the CFPB courage all of my colleagues to join in charges paid to an affiliate of the lend- czar limits consumer options, causes supporting this bipartisan solution. er for title examination or title insur- consumers to pay more, and does noth- Ms. MAXINE WATERS of California. ance services and insurance premiums ing to make mortgages any safer. It is Mr. Speaker, I yield myself such time held in escrow. this sort of illogical rulemaking that as I may consume. By excluding these items from the makes Michiganders more and more My friends on the opposite side of the calculation, the bill will allow more frustrated by what they see in Wash- aisle just dislike qualified mortgage. loans to qualify as QM, opening up ington. We need to ensure that our gov- They dislike QM. And a lot of the argu- more credit to potential home buyers, ernment prosecutes fraud, predatory ments that you have heard had nothing and it will facilitate one-stop shopping. lending, and unethical practices, but it to do, really, with this bill, itself, but This is good for the community finan- should not be in the business of under- more with the fact that they have al- cial institutions that many Americans mining an industry that plays such a ways wanted to dismantle the Con- rely on for their financial service prod- critical role in the dream of homeown- sumer Financial Protection Bureau, ucts. It will help our constituents back ership. who has the responsibility of imple- home access the funds they need to ac- You know, when mortgages become menting QM. complish the dream of homeownership. more expensive, it is America’s low- So they will talk about everything Chairman HUIZENGA’s legislation pro- and middle-income families that suffer from access to credit to you name it, vides smart, targeted relief from the the most. Homeownership is the cor- but it has nothing to do with the fact unintended consequences of burden- nerstone of the American Dream. It that they are here with a bill that is some regulations. Again, banks aren’t builds communities, provides families trying to open up opportunities for af- making loans. We want to encourage with stability, and, hopefully, creates filiated title companies to be able to those first-time home buyers, the mod- equity for retirement. The government charge home buyers more money than erate-income home buyers to be able to should be helping this dream, not cre- would be allowed under QM. have access to mortgages. That is why ating silly, illogical obstacles. The fact of the matter is we have a 3 I support this bill, and I again urge my Over the past several years, I have percent cap on all points and fees in colleagues to vote for the Mortgage worked with my colleagues to refocus the legislation that we created to pro- Choice Act. the Bureau on its core mission of pro- tect homeowners—3 percent. Why is it Ms. MAXINE WATERS of California. tecting consumers. I am glad that Act- they want to open it up so that home Mr. Speaker, I yield myself such time ing Director Mulvaney has begun to do buyers have to pay more than 3 percent as I may consume. so, and I am encouraged that Congress on all of these points and fees? I don’t think I heard my colleague is doing its part to rein in this rogue As a matter of fact, I get questions correctly when he said that this bill bureaucracy. all the time, particularly from first- had something to do with encouraging This bill does nothing to threaten the time home buyers asking me: What are first-time home buyers. It has nothing underlying safety of the QM rule and all these points and fees that I have to to do with encouraging first-time home does not erode vital consumer protec- pay? Do you mean to tell me that on a buyers. tions. It simply helps ensure that con- $400,000 loan, they are going to rip off As a matter of fact, if we proceed sumers have choices to reduce their $12,000 on points and fees or more? And with this bill that is before us today mortgage costs along the way. we have to explain that we have kept it that they are supporting, it will dis- Now, the ranking member opposes to 3 percent. courage first-time home buyers and this bill, as she believes it will usher in But now they want to open up the home buyers in general because what a new era of fraudulent subprime, dan- floodgates, and they want to say that they are doing is they are increasing gerous loans riddled with kickbacks these affiliated companies can charge the possibility for more points and fees and inflated title fees. I am not sure more on points and fees as it relates to that have to be paid when we have a how money held in escrow would ever title insurance. So I am opposed to it. cap now at 3 percent, which any rea- be a kickback, and her description of And for those who did not under- sonable person would know makes good the title industry is completely incor- stand, who may have voted because of sense. rect. It is a highly regulated industry the way that is oftentimes presented Mr. Speaker, I reserve the balance of in most States, and the State that she by the opposite side of the aisle—and, my time. mentioned, Illinois, is extremely com- as a matter of fact, it is obscured in Mr. HENSARLING. Mr. Speaker, I petitive and extremely regulated. the way that they present it in talking yield 3 minutes to the gentleman from I am not sure what bill the ranking about trying to help homeowners, try- Michigan (Mr. TROTT), a member of the member believes we are debating ing to protect homeowners, trying to Financial Services Committee. today, but the Mortgage Choice Act open up opportunities. It has nothing Mr. TROTT. Mr. Speaker, I rise in will not result in any of the problems to do with any of that. support of the bipartisan, common- she describes—all great scare tactics, This is because the title insurance sense Mortgage Choice Act, sponsored great theater, a great political sound people who have wielded their influ- by the Congressman from Michigan bite, but, unfortunately, all fiction, all ence have come here to change the law (Mr. HUIZENGA). Mr. Speaker, I am inaccurate. Her flip-flop on this bill is so that they can raise those rates and proud to be a cosponsor of this legisla- at least, at the minimum, very puz- charge more money and have kick- tion, which will make mortgages more zling; but, if everything she says is cor- backs, et cetera, et cetera. This is what affordable for low- and moderate-in- rect, I certainly feel bad for all the this is all about. come families. Democrats. Mr. Speaker, I reserve the balance of In the wake of the financial crisis, The SPEAKER pro tempore. The my time. Congress directed the CFPB, the Con- time of the gentleman has expired. Mr. HENSARLING. Mr. Speaker, I sumer Financial Protection Bureau, to Mr. HENSARLING. Mr. Speaker, I yield 3 minutes to the gentleman from create a definition for so-called quali- yield an additional 30 seconds to the Ohio (Mr. DAVIDSON), a hardworking fied mortgages. Congress wanted to en- gentleman from Michigan. member of the Financial Services Com- sure that consumers were not sold Mr. TROTT. Mr. Speaker, I feel bad, mittee. predatory loans and that good faith in- if everything she says is true, for all Mr. DAVIDSON. Mr. Speaker, I rise vestors were not buying mortgages de- the Democrats who unanimously today to offer my support for H.R. 1153, signed to fail. passed this bill in the 113th Congress. the Mortgage Choice Act. This bill is Unfortunately, the Bureau’s rule- Mr. Speaker, the American people de- another example of a rollback of the making drove originators from the in- serve better than a partisan discussion burdensome regulations of Dodd-Frank dustry and made loans more expensive about something that is nothing more and, many would say, unintended con- in the process. This burden will fall than a technical correction of an unin- sequences. mostly on low- and middle-income fam- tended consequence. The 113th Congress, as Mr. HUIZENGA ilies, the very people the CFPB was Again, I thank my friend, Mr. reported out—apparently, the Member created to help. HUIZENGA, for his leadership, and I en- opposed feels that her colleagues were

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.011 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H912 CONGRESSIONAL RECORD — HOUSE February 7, 2018 confused in the 113th Congress when We heard about all of them: no-docu- QM rule is intended to protect lenders they unanimously supported this very mentation loans where they didn’t from legal liability and provide compli- same procedure, this same change to even know where the consumer, the ance certainty for mortgage loans that Dodd-Frank. Apparently, all of Presi- homeowner was going to get their are low risk and meet certain criteria. dent Obama’s supporters were also con- money from; they did not vet them, One of those criterion requires a mort- fused into forgetting to make the big they did not know their employment gage loan’s total points and fees not to investments they have made as a reac- history, and on and on and on. be in excess of 3 percent of the loan’s tion to the Tax Cuts and Jobs Act that So the Consumer Financial Protec- value. was recently enacted. So confusion tion Bureau is absolutely carrying out Unfortunately, the points and fees must be rampant, but let me clarify the work of what Dodd-Frank was in- rule often depends on who is making what this does. tended to do, and that is to reform all the loan and how title insurance is ob- It doesn’t do the things that the of this and to make sure that con- tained, which is confusing for both con- Member opposed accuses it of doing. sumers are treated fairly, to make sure sumers and businesses providing these Frankly, the market prevails here, not that consumers are not ripped off, to services. Also, as has been mentioned, price controls from Washington, D.C., make sure that consumers don’t have a insurance premiums held in escrow are nor a substitute that would say a non- whole list of these fees and points be- considered points and fees under the affiliated company could offer the fore they can even get their QM rule, which is ridiculous. That is exact same product that the one-stop downpayments, incredibly, and have to like saying that a parent who puts shop is barred from offering. pay over 3 percent and more in these money in for a 529 savings plan for his So rather than have a simple proce- points and fees as they are trying to children’s education is a car payment dure where a borrower could work with access a mortgage. or a mortgage payment. It doesn’t one lending institution, they are forced b 1000 make sense, but it discourages con- to this array that resembles the This is all about keeping the cap on sumers from using this important fi- healthcare industry, where, instead of the 3 percent for all of those points and nancial management tool. getting one bill from one visit, you fees. If you do what this bill is intended H.R. 1153 would address these unin- show up to do a mortgage and you get to do, you are saying that you are tended consequences and provide clar- a bill from five or six different entities, opening up the opportunity for these ity for borrowers and businesses. I am and it makes it more confusing. points and fees to be increased because also confident that the CFPB, under The market lets people shop and say, of these affiliated companies that want the leadership of Mick Mulvaney, will ‘‘Hey, maybe I could get this product to take the cap off. I don’t know how ensure that this clarification is effec- from someone else,’’ but, unfortu- better to explain that. tively implemented if this bill is en- nately, without this change, it blocks My friends on the opposite side of the acted into law. hardworking families from working aisle would charge consumers more Mr. Speaker, I urge my colleagues to with one relationship to close on their with this bill. We on this side of the support this commonsense fix so that mortgage. It adds one more piece in the aisle are opposed with that. We are we can get the policy right and address web of documentation required, and it saying that it is not fair to consumers. the unintended consequences arising adds one more thing to negotiate in the What you need to do is let Dodd-Frank from the future rule. relationship that is necessary to close reforms work so that we can protect Ms. MAXINE WATERS of California. on a mortgage. our consumers and not have them Mr. Speaker, I yield 1 minute to the The QM rule should not stand for gouged and increase the amount of gentlewoman from California (Ms. ‘‘quitting mortgages.’’ It should stand money they have to pay in these points PELOSI), the Democratic leader. Ms. PELOSI. Mr. Speaker, I thank for ‘‘qualified mortgages.’’ The applica- and fees. tion of this has resulted in small and Mr. Speaker, I reserve the balance of the gentlewoman for yielding, and I community banks quitting the mort- my time. congratulate her on her extraordinary gage market for certain types of loans, Mr. HENSARLING. Mr. Speaker, I leadership as the ranking Democrat on and this is hurting the families that am very pleased now to yield 3 minutes the Financial Services Committee. She the Member opposed says she seeks to to the gentleman from South Carolina has been a champion for America’s help. (Mr. NORMAN), a cosponsor of the legis- working families, protecting con- I urge all of my colleagues to unite lation and a great friend of the Finan- sumers, protecting the taxpayer, and and support this rational, limited cial Services Committee. doing so in a very balanced way, sen- modification that lets the market work Mr. NORMAN. Mr. Speaker, I rise sitive to the needs of all parties con- the way the market can work for the today to speak in favor of H.R. 1153, the cerned. I am so proud of her leadership hardworking families of America. Mortgage Choice Act of 2017. and her service. Ms. MAXINE WATERS of California. This bipartisan legislation is essen- Mr. Speaker, I rise in opposition to Mr. Speaker, I yield myself such time tial to help low- and middle-income the bad bill for hardworking Americans as I may consume. families gain access to qualified mort- that is on the floor today. The cyni- Try as they may, they cannot explain gages. I commend Chairman HEN- cally named Mortgage Choice Act pro- to anyone why it is they want to open SARLING and Congressman HUIZENGA for vides anything but choice. Instead, it up the opportunity for these affiliated their work on shepherding this bill raises costs on consumers who have few companies to charge more on these through the legislative process. alternatives. This is yet another at- title loans. Policymaking is complex, and Con- tempt to stack the deck even further As a matter of fact, again, I am going gress and Federal regulators do not al- against working families. to keep reminding everyone who is lis- ways get it right. We need to some- Mr. Speaker, this debate is another tening that, under Dodd-Frank, under times make changes to address new waste of time. Every day, courageous, the work of the Consumer Financial issues and unintended consequences patriotic DREAMers lose their status, Protection Bureau, under the qualified that arise. and, every day, the American dream mortgage rule, all of the work that was As we have seen for the past few slips further out of reach. As Members done after this country found itself in years, the Dodd-Frank Act—and let me of Congress, we have a moral responsi- a position of where we were in a reces- add that there are many of us in the bility to act now to protect DREAM- sion, almost a depression because of real estate business and on bank boards ers, who are the pride of our Nation what we had allowed to happen in this who saw the effects of Dodd-Frank not and are American in every way but on country from some of the biggest allowing banks to go into the commu- paper. banks and financial institutions in the nities that need them the most—con- I use this occasion as opposing this world, we discovered that there were tains certain provisions that fit one or bill to speak further about social jus- all kind of exotic loans, all kind of dif- both of these categories and must be tice in America. The American people ferent kinds of loans that were put to- changed through legislative action. want Congress to pass a Dream Act: gether to entice consumers and home One of these policies is the CFPB’s Eighty-four percent of Americans buyers to take out these mortgages. qualified mortgage, or QM, rule. The support a path to citizenship for

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.012 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H913 DREAMers or permanent status; 88 We all know how proud we are of mented American aspiring to earn a percent of Independents back the path America, as a land of opportunity and bachelor’s degree in graphic design. of citizenship or permanent status; and the land of the American Dream, Her education is her priority ever since 70 percent of Republicans back either which, for decades and centuries, real- she was in elementary school. citizenship or permanent status. ly, has attracted people to our shores, Throughout high school, she had seri- The three Bs—business; badges, our to make the future better for their ous doubts about her future, due to her law enforcement community; and Bi- families. In doing so, they subscribe to status, but it never stopped her from bles—are imploring Congress to pass a the vows of our Founders. ‘‘A new order pursuing higher education. Jacqueline Dream Act. of the ages,’’ it says, on the great seal went on to community college, work- Earlier this month, I stood with of the United States, a new order, ing a part-time job and earning a few evangelical leaders to call on the ‘‘Novus Ordo Seclorum.’’ That meant scholarships that eventually added up Speaker to bring the Dream Act to a that it was predicated on the idea that to affordable tuition. Her mother, a vote for the sake of family fairness and every generation would take responsi- single mother, would not be able to respect for the spark of divinity within bility to make the future better for the contribute to Jacqueline’s education every person. next. after high school, so it was There is nothing partisan or political It became known as the American Jacqueline’s choice and responsibility about protecting DREAMers. If a Dream and people flocked to our to work her way financially through Dream Act were brought to the floor, it shores, bringing their determination, college. Thanks to scholarships like would pass immediately with strong, their optimism, their hope, and their the Illinois Dream Fund, bipartisan support. I commend my Re- courage, to make the future better for TheDream.US, and other community publican colleagues for their courage their families. In doing so, as I said, scholarships, Jacqueline was lucky to in speaking out on this, yet our they subscribed to the values of our follow through higher education, some- DREAMers hang in limbo with a cruel Founders to make the future better. thing that most of her undocumented cloud of fear and uncertainty above That is why our country would be a peers would not have the chance to do. them. new order for the ages. Jacqueline’s dreams are the same The Republican moral cowardice How proud we are to have the Statue dreams of other undocumented Ameri- must end. Members of Congress are of Liberty welcoming people to our cans to persevere in this great country. trustees of the people and of our Na- shores. In the words of Emma Lazarus Hector Rivera Suarez is a DACA re- tion. inscribed on the statue, it says: cipient from Greensboro, North Caro- Why are we here if not to protect the Not like the brazen giant of Greek fame, lina. He has been a DACA recipient for patriotic young people who are deter- With conquering limbs astride from land to the past 6 years. This came to an end mined to contribute and to strengthen land; on January 21. He is currently on track America? Here at our sea-washed, sunset gates shall to graduate in May, with a degree in So I am going to go on as long as my stand philosophy and education. As a student leadership minute allows. A mighty woman with a torch, whose flame body president and honor scholar at Is the imprisoned lightning, and her name I would like to speak to the Bible in Guilford College, it is part of his cur- Luke 10:25–37, the parable of the Good Mother of Exiles. From her beacon-hand Glows worldwide welcome; her mild eyes riculum to serve in the local commu- Samaritan. command. . . . nity. He has served as an afterschool On one occasion, an expert of the law stood tutor at a local community center that up to test Jesus. Words that are music to the ears of everyone who loves freedom. services predominantly the Latino ‘‘Teacher,’’ he asked, ‘‘what must I do to community, as well as assisting in inherit eternal life?’’ ‘‘Keep ancient lands, your storied pomp!’’ ‘‘What is written in the law,’’ Jesus re- cries she classrooms at a newcomer school. His plied, ‘‘How do you read it?’’ With silent lips. ‘‘Give me your tired, your plan after graduation is to enroll in The lawyer answered: ‘‘Love the Lord, your poor, Teach for America, since it is his only God, with all your heart, with all your soul, Your huddled masses yearning to breathe opportunity to be a teacher while being with all your strength, with all your mind, free, a DACA recipient. Once DACA was re- and love your neighbor as yourself.’’ The wretched refuse of your teeming shore. scinded in September, these plans had Jesus responded: ‘‘You have answered cor- Send these, the homeless, tempest-tost to to be delayed. Without DACA, he will rectly. Do this and you will live.’’ me, not have the opportunity to keep serv- But he wanted to justify himself, so he I lift my lamp beside the golden door!’’ ing the community in greater ways. asked Jesus: ‘‘And who is my neighbor?’’ With those words, America has been In reply, Jesus said: ‘‘A man going down b 1015 from Jerusalem to Jericho. When he was at- a beacon to the world, and how proud it tacked by robbers, they stripped him of his has made us. America is great, some Hector’s DACA expires 5 days before clothes, beat him, and went away, leaving say, because America is good; and this the Teach For America January dead- him half dead. A priest happened to be going manifestation of our goodness is one line; this is why he needs there to be a down the same road, and when he saw the that is historic. resolution as soon as possible so he can man, he passed on to the other side of the In responding to the call of our Stat- move forward with his plans of men- road. So, too, a Levite, when he came to the ue of Liberty—who must, by now, have toring the future leaders of America. place and saw him, passed on to the other tears in her eyes, having heard some of side. But a Samaritan, as he traveled, came Mr. Speaker, I bring this up because, where the man was, and when he saw him, he the debate on immigration—I want to as you know, the discussions and nego- took pity on him. He went to him and ban- read about some of the DREAMers, tiations on the caps bill, the budget daged his wounds, pouring oil and wine. And who came to our shores, maybe bill, are making progress and, perhaps, then he put the man on his own donkey, through land or by sea. soon to be coming to an end. And on brought him to an inn and took care of him. I want to talk about Luis Galvan. that score, I would say so far as what The next day, he took out two Denarii and Luis came to the United States when I know of it, the budget caps agree- gave them to the innkeeper. Look after him, he was 5 years old and grew up in pov- ment, which will be announced today, and when I return, I will reimburse you for erty. Today, he is an agriculture am- any extra expense you may have. Which of includes many Democratic priorities, these three do you think was a neighbor to bassador at College of the Sequoias and actually bipartisan priorities. the man who fell into the hands of robbers?’’ is working to help students improve But with the disaster recovery pack- The expert of the law replied: ‘‘The man their grades. Following the repeal of age and dollar-for-dollar increases in who had mercy on him.’’ DACA, Luis constantly worries about the defense and nondefense budget, Jesus told him: ‘‘Go and do likewise.’’ his ability to continue working in Democrats have secured hundreds of The parable of the Good Samaritan is order to afford his education. He is one billions of dollars to invest in commu- one that has been used over and over of four siblings also attending college, nities across America. There will be again to welcome strangers. Samari- who are also DACA recipients. billions in funding to fight opioids, to tans were not friends to the person Jacqueline Romo’s DACA expires this strengthen our veterans and the NIH, that the Samaritan saved, but he was a month. Jacqueline was raised in the to build job-creating rural infrastruc- man of justice. city of Chicago. She is an undocu- ture and broadband, and to fund access

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.014 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H914 CONGRESSIONAL RECORD — HOUSE February 7, 2018 to child care and quality higher edu- say to those on His right, ‘Come, you ary 20. Because of this, she will now cation. That is something that has who are blessed by my Father; take have to take a semester off from been negotiated with our input be- your inheritance, the kingdom pre- school, and she is facing severe disrup- tween Leader MITCH MCCONNELL and pared for you since the creation of the tion in her life and the ability to sup- Leader CHUCK SCHUMER. world.’’ port herself. But MITCH MCCONNELL also made a Then Christ goes on to say: This is really important to note be- commitment to his Members that he ‘‘For I was hungry and you gave me cause the people—some of the people in would bring up a dream bill to the floor something to eat. I was thirsty and you the White House have been saying no- of the Senate in an appointed time. So gave me something to drink. I was a body is being deported. Well, we will why can’t we have some kind of a com- stranger and you invited me in. I need- see about that. But they are saying mitment on this side of the aisle that ed clothes and you clothed me. I was these people are protected. enabled the discussion to take place on sick and you looked after me. I was in They are not protected. And you a values-based place? prison and you came to visit me. heard the characterization that the Here, we asked the Speaker would he ‘‘Then the righteous will answer him, President’s Chief of Staff made about bring up the Hurd-Aguilar bill, which is ‘Lord, when did we see you hungry and some of these people, about being lazy bipartisan, would win if brought to the feed you, or thirsty and give you some- or whatever it was. House, has a sufficient number of Re- thing to drink?’ ’’ I think, in our discussions on the publican cosponsors, thank them for And the Lord says, when you see us— economy, in a separate context, we their courage to be public, but others what did you see, a stranger and invite have seen how few Americans would be who have said they would vote for it, him in or need clothing and clothing able to rise to the occasion imme- and we would like a commitment from you, he’s asking the Lord. And when diately if they had a $500 unsuspected the Speaker to bring it and any other did you see sick and in prison, and did bill that had come their way; whether bills that he believes should be consid- I visit you? the water heater broke or whatever it ered on the floor as well. ‘‘The King will reply, ‘Truly I tell is, it would be challenging, it would be We could do it under a ‘‘Queen of the you, whatever you did for one of the disruptive to their lives. It would be Hill’’ where the bill with the most least of these brothers and sisters of hard for them to have an expendable, votes becomes the most prevailing bill mine, you did for me.’ ’’ immediately expendable, $500. But that to either support what the Senate has That is always important. Everybody is what it takes to sign up to what the done or to reconcile what the Senate knows that, the least of my brethren President—the sign up that was re- has done. speech. quired by the President after his Sep- That is a simple request. That is a However, the King does go on: ‘‘Then tember announcement. simple request that the House Demo- he will say to those on his left, ‘Depart So it is not about being lazy. Or yes, crats and, in a bipartisan way, others from me, you who are cursed, into the it is probably about fear, too. Mr. have joined in asking the Speaker to eternal fire prepared for the devil and Kelly, General Kelly, mentions that. bring a bill to the floor to give us that his angels. For I was hungry and you But it is about not understanding the commitment. gave me nothing to eat, I was thirsty situation of fear and of contribution, Why should we, in the House, be and you gave me nothing to drink, I the beautiful contribution that people treated in such a humiliating way, was a stranger and you did not invite make, that the DREAMers make to our when the Republican Senate leader has me in, I needed clothes and you did not country. given that opportunity, in a bipartisan clothe me, I was sick and in prison and Itzel came to the U.S. legally at age way, to his membership? you did not look after me.’ 7. She came legally and attempted to What is wrong? There is something ‘‘They also will answer, ‘Lord, when adjust her status along with family. wrong with this picture. That is why, did we see you hungry or thirsty or a She aged out of eligibility when she this morning, when we took a measure stranger or needing clothes or sick or turned 21. She was able to apply for of our caucus on support for the pack- in prison, and did not help you?’ DACA during her senior year of high age—well, we have to see all the par- ‘‘He will reply, ‘Truly I tell you, school, which opened the doors for her. ticulars of it yet, but there are good whatever you did not do for one of the In Albuquerque, New Mexico, Dalia things in it—that it does nothing to least of these, you did not do for me.’ ’’ Medina immigrated to the United even advance, even with a commit- It is not only positive of what you States at age 11 from Mexico. She is a ment, without having passed the legis- did, you did for me; it is what you did licensed mental health therapist pro- lation first, to advance bipartisan leg- not do. When I was a stranger, you did viding much-needed service to at-risk islation to protect DREAMers in this not help. youth and families in New Mexico. House. Then it will go into eternal punish- Dalia is working toward an inde- Without that commitment from ment. The righteous will go into eter- pendent license to open her private Speaker RYAN, comparable to the com- nal life. practice to continue aiding families in mitment from Leader MCCONNELL, this So anyway, more stories about our her State. She recently obtained a package does not have my support, nor DREAMers and why they honor the master’s degree in clinical social work does it have the support of a large vows of our Founders, why they de- and previously earned a bachelor’s de- number of members of our caucus. serve our support. We are just talking gree in criminology and psychology. So then I go on to some other—I al- about this discrete group of people, All of these people are making such a ways am reminded in all of these de- how they command the support of the wonderful contribution to our society bates about our commitment to faith. American people. because they have courage, they have In God We Trust, it says there right Itzel Verduzco Rojas is from Ponca values, and they have purpose in their over the Speaker’s chair. City, Oklahoma. Itzel is working as a life. These stories were given to me by The Gospel of Matthew has been an medical assistant for a pediatric der- our colleagues as they have taken up inspiration to many of us on both sides matologist and in school full time try- the cause of many of these DREAMers. of the aisle in terms of what our values ing to pursue a career in nursing. In But it is not enough. are and how we make choices. And addition to her job and school, Itzel We have no right to talk about when, in the Gospel of Matthew, he volunteers with CASA, City Rescue DREAMers and to tell their stories and writes: ‘‘When the Son of Man comes in Mission, and Rebuilding Together take pride in their actions unless we His glory, and all the angels with Him, Oklahoma City to address issues of are willing to take action to support He will sit on His glorious throne. All poverty and homelessness in her city. them, and we have that opportunity the nations will be gathered before With DACA, Itzel was able to apply today by asking the Speaker of the Him, and He will separate the people for a driver’s license and work legally. House to give us a vote. one from another as a shepherd sepa- However, because her renewal applica- What are you afraid of? Give us a rates the sheep from the goats. He will tion was caught up in postal delays, vote. Let the House work its will. Sen- put the sheep on His right and the Itzel has not yet received her renewal, ator MCCONNELL, MITCH MCCONNELL, is goats on His left. Then the King will and her current DACA expired on Janu- enabling the Senate to work its will.

VerDate Sep 11 2014 02:53 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.016 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H915 Why should the House of Representa- our meeting at 8, it was exactly 40 immigrated to the United States when tives be constrained, especially on such hours until midnight tomorrow. I was 3 years old with my parents be- a values-based issue as who we are as a Forty is a number fraught with cause I needed medical treatment for nation and recognizing our biblical re- meaning in our religious lives. Forty my cerebral palsy. I went through six sponsibility to each other? years, in the Old Testament, 40 years of surgeries and 12 years of physical ther- Nicole Robles from Houston, Texas, Moses and the Jews and Aaron in the apy and walked for the first time when she was born in Mexico. Her family im- desert; 40 days that Christ was in the I was 15 years old. migrated to the United States when desert himself; 40 days is the length of ‘‘Growing up, I did well in school, but she was 6 months old, and she faces de- time of Lent; and, therefore, 40 hours is I felt stuck because I didn’t know how portation. In less than 100 days, her a Catholic devotion that many of us to go to college. With the help of my DACA will expire. I am anxious—Well, grew up with. counselor, I was able to apply for pri- this is now much less than 100 days. We have that same 40 hours, from 8 vate scholarships and attend a commu- She says: ‘‘I’m anxious because I am this morning until tomorrow night at nity college in Salem. I’m now at West- graduating high school in a few months midnight, to be prayerful—to be pray- ern Oregon University, where I was in- and I want to start college in August of erful—to show our purpose, and to spired to start my own group for un- next year. How will I do that without show why we are asking the Speaker documented young people like me. I’m my DACA?’’ for this vote. now getting my master’s there, and I’m She says: ‘‘There are so many bar- I have great admiration for the work part of the college Student Services riers to higher education when you’re that is done in a bipartisan way, on the Administration Program, with the undocumented. With a Dream Act, un- budget, the bill; of course, it is not ev- dream of one day making higher edu- documented students will have a erything we want, but there are many cation accessible to low-income and sense’’—the Dream Act gives them a good things in it, and I just can’t ex- undocumented students. documented sense—‘‘of security and plain to the DREAMers or to my col- ‘‘Without DACA, I no longer have ac- opportunity’’—to go to school—‘‘to get leagues why we should be second-class cess to health insurance through an a job, to care for their families, to con- Members of Congress in this House employer. I suffer from depression and tinue their studies in college or univer- without a commitment from the suicidal thoughts. This is why I have visited my Members of Congress to sity.’’ Speaker that MITCH MCCONNELL gave ‘‘I want that security and oppor- to the Senators, that there would be a urge them to pass the Dream Act, be- tunity. We deserve that.’’ She deserves vote on the floor to let Congress work cause my life and my health is on the that. its will. line.’’ ‘‘And we need Congress by the end of Patricia Ulloa was born in El Sal- b 1030 the year so that we, more people, don’t vador. Patricia said: ‘‘I have a mixed reach their expiration dates.’’ Are you afraid that the DREAMer status family—my parents have TPS, I Now, let me say that we have talked bill will pass, the work of Mr. HURD have one U.S. citizen brother, and my mostly about education, people work- and Mr. AGUILAR working with other two sisters and I have DACA. We need ing in education and social activities Members to shape a bill that would rec- the Dream Act now because one of my to help other people do their best. But ognize concerns that the President has sister’s DACA expires on March 6, 2018, many of our DREAMers have served in and others have to put a bipartisan bill and pretty soon the rest of my sisters our military with great courage and there that should attract the support and I could lose our protections too. great patriotism to the only country of the President? Our parents are already losing their that they know. Instead, we are hearing words that TPS protections because Trump termi- Again, using my leader’s minute, I are hard to process from the White nated the program. ‘‘I want the government to recognize want to make sure that the RECORD is House but, nonetheless, recognizing us as part of society and know that clear about what this debate is about. that we have to go down this path to- this is our home and we contribute to It is about honoring our own commit- gether. We all believe that, as the Bible our communities even without papers. ment to the Statue of Liberty, to the tells us, there is a spark of divinity in every person and that we must respect My family wants to be able to stay to- Founding Fathers, in terms of making gether and feel safe to drive, work, and this a land where one generation would that spark of divinity. Tomorrow will be the prayer break- travel.’’ take responsibility to make the future Here she says—I want to repeat fast, and that is a solemn occasion in better for the next. this—‘‘we contribute to our commu- Washington, D.C., and we are always And that brings to mind another per- nities even without papers.’’ son from Albuquerque, New Mexico, thinking in terms of Christ. When As an Italian American who grew up Yuridia Loera. She said: Christ became man, his assuming hu- at a time when I did not feel any preju- ‘‘Growing up, I was reminded of my manity brought his divinity to us so dice or bias—or if I did, I thought it immigration status every day by my that we participate in his divinity, was the other person’s problem. We mother. Twenty years later, I realized every one of us. Italian Americans always think there she did this to prepare our family for We have to remember that not only are only two kinds of people: those who the imminent day that our family does it exist in every person that we are Italian American and those who would face a deportation. And that day encounter, but it exists in us. It exists want to be. could be today because my DACA has in the President of the United States But in my father’s generation and expired. and his staff and all of the people who my grandfather’s generation and my ‘‘DACA is what allowed me to pass elected him. That is a beautiful thing great-grandmother’s generation, it was through immigration checkpoints safe- about it all. a different story, and there was a term. ly. I am also a survivor of sexual as- But that spark of divinity in each of It was called ‘‘wop,’’ and people used sault—with DACA, I was able to ap- us has to relate to other people and that as a derogatory term to Italian proach the police to report the person treat them with respect. How would we Americans. who assaulted me. Trump’s cruel deci- judge other countries if they said: ‘‘We Do you know what wop means, Mr. sion to terminate DACA has put border have several hundred thousand people Speaker? Wop means without papers. residents and survivors of assault in who came here as children, and now we Without papers. That is what these jeopardy. This is not how a country are sending them back where they people were called, without papers. And should treat immigrant youth and our came from?’’ We would make a judg- that is all that these kids are, without families.’’ ment about those countries that that papers. In every other way, strong par- I just want you to know why we are was outside the circle of civilized ticipants in our society, in our commu- making this plea. This is a human plea human behavior. And yet—and yet—we nity, and in our country. to the Speaker, a prayerful human plea have something to do about that right And so again, just give us a chance to to the Speaker. now. have a vote, Mr. Speaker. Another day It is almost 40 hours. This morning, I want to talk to you about Juan Car- will come when we can talk about com- when I first met with my colleagues in los Navarro from Oregon. He said: ‘‘I prehensive immigration reform. We

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.017 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H916 CONGRESSIONAL RECORD — HOUSE February 7, 2018 can talk about this, that, and the other esting: But you did not go far enough. try understands that you can’t deport thing, but right now, the Hurd-Aguilar So he instituted, by executive order, 750,000 individuals. These are individ- bill, whatever is being put together in Family Fairness. And then Family uals who give back to their commu- the Senate, recognizes our responsi- Fairness was continued under Presi- nity, who are involved in their church- bility to protect our borders, recog- dent George Herbert Walker Bush, two es, who have Ph.D.’s, who have been nizes the value of immigration to our great Presidents for immigration in creating jobs and who just want to country: hopes, dreams, aspirations, our country. make this country a better place. making America more American every What they did with their executive ‘‘When President Obama announced newcomer who comes. I truly believe orders, which stood the test of court DACA, to me, it was a life-changing ex- that, the constant reinvigoration of cases, protected a higher percentage of perience. I felt that I finally was given America. people than what President Obama a decent chance to be somebody in this Saba Nefes from Texas was born in did—two Republican Presidents, two country, to contribute to my State, to Mexico, and Saba writes: ‘‘We still great champions on immigration. Even contribute to my community, to get a don’t know a lot about cancer. We still after Congress acted, they said: You job, and just give back and be some- don’t know about genetic diseases. My didn’t go far enough. body in the greatest country on research at Texas Tech goes right into President Obama had to act because Earth.’’ the heart of that. It uses pure mathe- Congress would not act. That is the patriotism of our matics to look at why all these genetic Then we come forward with Presi- DREAMers. diseases exist and how they exist so dent Clinton following in that tradi- ‘‘So when DACA was introduced, it someday we can come up with cures for tion. President George W. Bush, great opened the doors to many things, even them. We’re far from that point, but President on immigration, he couldn’t doors I didn’t think were imaginable to this is the challenge I work on. convince his own party to pass com- open. ‘‘In addition to conducting research prehensive immigration reform. But ‘‘My name is Jaime Rangel. I was at Texas Tech, I’ve taught under- his statements, his values-based policy born in Mexico, but I came to this graduate students as a teaching assist- on immigrants is something, to this country when I was only 3 months ant. This past semester, I got to teach day—and his current statements are so old.’’ anatomy, and one of my students was beautiful and inspirational about treat- As the President said, he loves the blind and had a service dog. It was a ing people with dignity and valuing DREAMers. He loves the DREAMers. blessing, a great experience to teach their worth as we talk about immigra- He loves to call it DACA. Subscribe to tion. her anatomy, something that she got that. He loves the DREAMers. And And then, of course, President to touch and feel to learn. It taught me these people came to this country not Obama, doing what he did in terms of of their own volition, through no fault a lot of patience. It taught me what executive orders, protecting people in of their own. I, myself, thank their par- it’s like to work alongside my Amer- the tradition of Ronald Reagan and ents for bringing them here because ican students and peers. I’m just as George Herbert Walker Bush, with the they are a blessing to America, but, much a part of their lives as they are common values of George W. Bush and from their standpoint, through no fault of mine. President Clinton. ‘‘If DACA is repealed, I would be out So now we have the first Republican of their own. of a job immediately, and I won’t be President in modern times—the first Why can’t we be fair and give them a able to teach my students. I won’t be President, really—who is anti-immi- break? able to continue conducting the re- grant, and that is just such a change Javier Noris in New York City came search that I am conducting right now. from his own party, and it makes it from Mexico: ‘‘I invest in the next gen- This research could help scientists un- hard to see where we can have shared eration of biomedical tech solutions. derstand diseases like cancer and lead values. ‘‘When I was working at a conven- down a path toward a cure. Without Certainly one piece of that debate ience store, I always had big aspira- DACA, I can’t continue this critical which would require a fuller stipula- tions, even though I wasn’t sure how work.’’ tion of fact, hearings, et cetera, to see they would come to fruition. But the Now, I want to just say this. I think what the best path forward is is impor- moment DACA was passed, it really there is a lack of understanding, and tant for us to do. But for now, because put everything in perspective, and I we should have made it clear on the of the action that the President took, really made a conscious effort to focus other side of the aisle and with the it necessitates us taking action here, on my career. So I ended up pursuing a White House about what the Presi- as the President anticipated by putting career as a software engineer. dent’s action in September did. a March 5 deadline on it. We would like ‘‘I went to school at Cal State Uni- The President, maybe in good spirit, to do it sooner. versity, Northridge. I studied econom- thought that by giving us a March 5 This is a vehicle leaving the station. ics and biotechnology. After working deadline, he was giving a 6-month re- And if the Republicans need our sup- as a software engineer in Silicon Val- prieve to DREAMers; but what, in fact, port for this legislation, which has ley, I ended up moving to Brooklyn, he was doing was making matters many good features—and I commend New York. I now work in venture cap- worse for them. It was most unfortu- the negotiators on it and was a part of ital, running a small venture fund that nate. Most unfortunate because, again, that—unless we can get the same com- invests in early-stage life science and while they may have maintained the mitment that MITCH MCCONNELL gave frontier technology startups. status of DREAMer, they did not have the bipartisan group of legislators who ‘‘As a CEO of an investment fund, the protections of the DACA executive asked for it in the Senate, we would DACA being repealed does not only af- order that President Obama put forth. like that same response to our bipar- fect me. A DACA repeal could affect Perhaps it would have been better if tisan group. the startups with which I work and my President Trump had said: ‘‘I am giv- I want to talk about Jaime Rangel: ability to invest in them and their abil- ing Congress 6 months to pass a bill, ‘‘To me, Georgia is my home. I am ity to continue to grow and employ but I am not changing the status quo proud to be from the South, and I love hundreds of workers across the coun- that protects the DREAMers.’’ to give back to my community. try. Just on that point, President Obama, ‘‘I tell everybody I’m a Latino that ‘‘My name is Javier. I’m a DACA re- when he protected the DREAMers and grew up eating tortillas and grits at cipient and I’m from Mexico City. I their parents, what he did was signifi- the same time, and north Georgia is came to the United States when I was cant, but it was not as significant as home. And for somebody to say, ‘Hey, 5 years old.’’ what President Reagan did in the 1980s. you can’t get some instate tuition’ in a He did not come alone. He did not. He President Obama acted because Con- place that I consider my State was was brought here by his parents. gress would not act. He took action. really—it was really heartbreaking. I So many of our DREAMers here are President Reagan acted after Con- felt out of place. called DREAMers because they have gress did act, the Immigration Act of ‘‘Right now, I feel optimistic because big dreams. And they are entre- 1986. President Reagan said, inter- I believe the greater part of the coun- preneurs; they are teachers; they are

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.019 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H917 researchers in science; they are in our Andrea Seabra writes: ‘‘My dad was a Jose Manuel Santoyo, from Texas, military. They are making such a fabu- fighter pilot in the Peruvian Air Force, said: ‘‘My education was so that I could lous contribution to the future of our so I grew up with a lot of military in- contribute to society. country. fluence. When I was in high school, I ‘‘My last year at Southern Methodist It is not just about them. This DACA joined New Jersey ROTC, which was University, I began working on an en- repeal that we are making is about us: the junior ROTC, and I was there for gaged learning fellowship. Because of Who are we as a country? How do we 31⁄2 years. that, I was selected to be the com- honor the vows of our founders, the ‘‘It gave me that taste of maybe what mencement speaker for my graduation Statue of Liberty and her appeal to the my dad might have lived when he was and represent almost 600 other stu- world that has made America such a in the military. I lost him when I was dents who would be graduating that beacon of hope? only 6 years old, so I never really got day. In my speech, I thanked the fac- b 1045 to know that part of him. I always ulty and staff at my university. I had thought in the back of my head, when teachers who I’ve looked up to my The list goes on and on about many, I graduate, I want to join the military. whole life, who provided amazing edu- many DACA recipients, and I intend to When I was in my junior year, I real- cational opportunities regardless of the read them all. ized that I couldn’t enroll in the mili- papers I had or didn’t have. But in addition to that, I want to go tary because I was undocumented. ‘‘I want to be able to work and I want back to the Bible because I could have ‘‘I was sitting with a recruiter at my to work in public service. In order to brought the Bible here and just read school, an Air Force recruiter, and he do that, I would need to have DACA. I the Bible and said: If we are people of asked me about it. He’s like, ‘What’s would need to have work authorization faith, in God we trust, as we contend to your social?’ So when I told him, ‘Well, in this country. I feel like that’s what be, we must act upon our faith, and act I don’t have one—’ ’’ meaning Social my education was for. My education upon our values. Security number—‘‘he is like, ‘What wasn’t for me. My education was so I People always ask me: Where is about your passport?’ I’m like, ‘Well, I could contribute to society. My edu- hope? Where should we find hope? have a Peruvian passport.’ And he’s cation was so that I could give back to Hope is sitting there where it always like, ‘No, you have to either be a U.S. the community that has given me so has been, right between faith and char- resident or a U.S. citizen to be able to much, to the country that has given ity. People have hope because they be- join.’ me so much. lieve. They believe in God. They have ‘‘That’s the first time I ever experi- ‘‘This year I hope that our Congress faith in our country and themselves enced that big wall of being undocu- and our President work to fund a per- and their families; and they have faith mented, like a big stop sign saying, no, manent solution to provide us DACA in the goodness, the charity of others you can’t pursue this passion of yours. recipients a pathway to citizenship, to that people, when given the chance, ‘‘I didn’t live a normal life until I got give us an opportunity to use our edu- will do the right thing, and then, hope- DACA. Thanks to DACA, I was able to cation, to use everything that we’ve fully, that will be returned to them pursue my career after graduating cum learned in order to give back, in order when they need hope and can have laude from Saint Leo University, in to contribute, in order to provide for faith in the goodness of others. marketing. With DACA, I was able to ourselves and our families and our I want to tell you about Maria build my professional network, help communities.’’ Praeli. She is from Connecticut. She people, influence people, and do all What Manuel said is that he looked said: ‘‘I didn’t let anything keep me these things for myself and my family up to his teachers. He learned from from advancing academically. Unfortu- and my community. If that’s going to others in our country. That also dem- nately, when high school ended, I be taken away, everything that I’ve ac- onstrates the beautiful commitment of couldn’t attend the university of my complished, that I’ve worked on, that the American people to teach, to shed dreams. I was getting all these accept- I’ve helped people with will just fall light to younger people, newcomers to ance letters, but I couldn’t go to any of apart. It will shake the foundation of our country, to make a valuable con- these schools because I didn’t have a who I am today as a person, as a pro- tribution. Social Security number’’—this is my fessional, even as a friend, as a daugh- So in saluting, as I say, the DREAM- point; you can’t get a Social Security ter, everything. ers, we are saluting the opportunity number—‘‘and, therefore, I wasn’t eli- ‘‘My name is Andrea. I was born in they were given by the American peo- gible for financial aid. I couldn’t pur- Lima, Peru. I was brought here by my ple to make their contribution. Hope- sue the dreams that I had been hoping mom when I was 11 years old.’’ fully, Congress will live up to the val- to. But I did not let my undocumented She had lost her dad when she was 6. ues of the American people who over- status hold me back from continuing But this idea of military service, many, whelmingly support the DREAMers, to advance academically. when they got the DACA status protec- and see this as a separate issue not just ‘‘I enrolled at Gateway Community tion, have served honorably in the about the DREAMers, but about who College, where I worked very hard as a military. We are very proud of them, as we are as a country. student government association presi- we are proud of all of our men and Cesar Vargas was born in Mexico. He dent and graduated with 3.8 GPA to women in the military. holds a law degree and wants to be- then be able to attend Quinnipiac Uni- And I emphasize the story of hard came a military lawyer. Aside from ad- versity. I graduated magna cum laude work that these DREAMers have be- vocating for legislation to allow and earned my bachelor’s degree in cause they are very consistent with DREAMers to serve in the military, he May of 2016. American workers. American people has been advocating for immigration ‘‘It’s surreal to wake up every day are so resourceful. They are so wonder- reform through a political group he and be reminded that even though I ful. They so care about their families launched last year called Dream Action have been living in America for the and their communities. So this is not Coalition. The group is known for chal- past 18 years, in a few months, all my to say that DACA recipients are dif- lenging lawmakers on their stance on honors and education might end up not ferent. It is to say they are just like us. immigration and highlighting the po- mattering anymore because I won’t be We are very proud of the American litical power of voters. In his case, able to contribute to the country people, the productivity of our work- Latino voters. which I have called home for so long. force, the faith of our families, the Kelly—just Kelly—is from Dover, ‘‘My name is Maria. I was born in civic mindedness and the generosity of New Jersey. Kelly is a student working Ica, Peru, and moved to the United spirit, and, really, of resources of the toward becoming a medical assistant. States when I was 5 years old.’’ American people. She will be done with courses in Janu- There is documentation after docu- My telling these stories is not to sep- ary. However, without a DACA work mentation of how young these children arate the DACA recipients from them, permit, she won’t be able to complete were when they came to the United but to show how similar they are and an internship required to complete her States all because their parents wanted how assimilated they are into our com- training and get certified. Her driver’s to make the future better for them. munity. It is mutually beneficial. license also expires in February.

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.021 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H918 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Understand this: you can’t have a So- Saul is from San Francisco and is a State. Mayron, originally from Hon- cial Security card, a passport, a driv- constituent of JACKIE SPEIER. Saul as- duras, has lived in the U.S. since he er’s license. You cannot function as a pires to be a teacher, Mr. Speaker. was 11 years old and knows no other person in our society without having DACA has allowed him to work in the country as home. He has overcome lots your status protected by the Dream field he is passionate about: education. of obstacles to be who he is today, a Act. So when people tell you it is all He was able to get a driver’s license. successful entrepreneur who owns protected, it isn’t. Listen to the sto- Saul submitted a DACA renewal appli- three businesses. He submitted his ries. cation September 30, well in time, via DACA renewal application before the So I was talking about Kelly. Kelly is USPS express delivery. He received no- deadline. It arrived on October 2, 2017. a student working to becoming a med- tification of an error, which he fixed He accidentally submitted the proc- ical assistant. She will be done in Jan- and resubmitted. However, his applica- essing fee for $465 instead of $495. That uary. However, without DACA, she tion was rejected as untimely. is what it takes. $495 is a lot of money. won’t be able to complete her training Agustin is from Brooklyn. Agustin’s His entire case was sent back for that or get her driver’s license, as I men- DACA will expire in January—al- reason. tioned. Kelly—just Kelly—has lived in ready—within days of his 21st birthday. With his rejection, he received a New Jersey since she was 5 years old. DACA allowed Agustin to go to college green document stating: You are in- She says DACA has ‘‘given me the to study criminal justice. He works and vited to resubmit your application chance to drive, have a work permit, goes to school. When his DACA ex- package after you have corrected the buy a car, get car insurance—things pires—which it has—he won’t have the reasons for rejection. Place this letter that obviously benefit the country as means to pay his bills and the cost of on top of your application package. well. It’s helped me to not be stuck, school. Mayron affixed the processing fee and not to have to depend on others. . . .’’ What are we doing? resubmitted his application with the Kelly’s DACA renewal application It is like without papers, WOP. And green document on top of his applica- was rejected because she forgot to fill now people who are striving to have tion package. On October 31, he re- in a date of expiration. When she re- their papers are outlawed on a techni- ceived the entire package in the mail ceived notice of the error, she fixed it cality. Really? Aren’t we supposed to with a rejection notice dated October and sent the application back imme- be enabling people to make their con- 24 that stated that USCIS is no longer diately, but, by then, the arbitrary Oc- tribution instead of hurting them with accepting DACA applications. tober deadline had passed. the process? Mayron has been a DACA applicant This is another reason why we need It is, again, important to note, and for the last 3 years and is heartbroken to clear this up. for our viewers to note that what peo- by the DHS’ actions in rejecting the re- Crystal—just Crystal—is a single, ple are asking for is nothing special. It newal of his DACA. working mom of 5 U.S. citizen children. is asking them to honor what was GREGORY MEEKS’ constituent, Brit- She was born in the Bahamas and ar- there. When DACA recipients were told tany, writes that she was born in Trini- rived in the U.S. at 6 years old. Crystal to sign up, they submitted considerable dad and Tobago and arrived in the U.S. had her fifth child only 3 weeks ago, information about their lives. They ef- at 3 years old and grew up in New and while recovering, she had been on fectively outed their parents with the York. She has no close family in Trini- unpaid leave from a retail job, where commitment that there would be pro- dad and Tobago, and all of her imme- she has worked for nearly 6 years. Now tection for them. diate and most of her extended family that her work authorization has ex- We have heard many good bipartisan who are citizens and residents live near pired, she will not be able to return to proposals to protect the DREAMers, to her in New York. work, and her ability to provide for her give consideration to parents so that Brittany is a full-time caretaker for kids will be impeded. they would not be deported because a family in Brooklyn with two 14- What? they brought a child into the country. month-old sons, one of whom has spe- Carlos from the Bronx. Carlos lives in Some of these parents have citizen cial needs and requires physical ther- the Bronx and is the only undocu- children now who are also making a apy. Although the child’s special needs mented member of his family. The contribution to our society. were not known when she was hired, whole family pulls together to care for So it is because people understand Brittany has risen to the occasion with Carlos’ younger sister who has severe that that September 5 announcement grace, calm, and competence according cerebral palsy and cannot walk. Carlos’ by the President was very disruptive. to the family. We are devastated by the employer, a fabrication company, des- Let’s hope that it was not intentional. thought she may not be able to con- perately wants to keep Carlos as an I don’t think that it was. I have no rea- tinue to work in this country, and, no, employee. His DACA and work author- son to think that it was. But it did we won’t find another caregiver who is ization expired February 18, 2017. It ex- cause problems that perhaps were un- as reliable, nurturing, and unshakeable pired already. foreseen. The system did not even as Brittany. So the list goes on and on. allow for a correction in a form in a Brittany submitted her renewal ap- Carlos sent his DACA renewal appli- timely fashion because of dependence plication September 21, but it was sent cation on September 18, 2017, 2 weeks on when it was received to be judged a back to her on October 5 because she after the President’s announcement. protection for those students. forgot to sign her name in one place. But it was not received until December So, in fact, over 110 DREAMers a day She sent it back immediately but was 11—he sent it on September 18. It was lose their protection. It is over—ap- rejected as untimely. received on October 11. In the rejection proaching 20,000 already who are losing Hugo in Houston, Texas. Hugo is a 34- letter, he was notified that he failed to their protections. And it will be more year-old father who lives in Houston, fill in his DACA expiration date on one by the time of March 5, which is the Texas. He came to the United States of the forms. The relevant information deadline. And if we are going to reach from Mexico when he was 6 years old was included in the cover letter and in a March 5 deadline, or any deadline, we and has lived in Houston ever since. He other parts of the packet. Carlos ar- have to get on a timetable to do so. completed K–12 in Houston and now rived in the U.S. when he was 2 years One timetable we have is the oppor- works at a photo framing shop near old. New York is the only place he can tunity today to have a commitment downtown. After Trump was elected, call home. The expiration date was in from the Speaker not to be afraid of Hugo worried about reapplying, so he the package, but in one of the forms it DREAMers. Thank God for them. They waited. Hugo found out from one text was not added. So he lost his protec- contribute. We are a nation of DREAM- message from a friend on September 6 tions. ers. That is why they fit so com- that he needed to reapply before Octo- I have to mention Kelly, who is a fortably in our society and contribute ber 5 or risk losing his DACA. He de- constituent of RODNEY FRELINGHUYSEN. to it so beautifully. cided to quickly put together his appli- Crystal, who was here from the Baha- cation as his DACA was set to expire mas, is a constituent of TED DEUTCH. b 1100 September 9, 2017. Carlos is from the Bronx and is a con- I will tell you about Mayron, RICK Hurricane Harvey had just hit the stituent of JOE CROWLEY. LARSEN’s constituent from Washington Houston area. While Hugo’s home was

VerDate Sep 11 2014 00:20 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.023 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H919 not destroyed, the entire city of Hous- pursuit of a degree, but instead he ‘‘DACA’s removal would rip that ton was shut down, including many chose to make a difference. away from us. Ending DACA will hurt businesses. Hugo’s work was one of I know there are other young people more than 800,000 people, people not them. He didn’t have the time or who are just like me, said Cesar. They just with dreams and aspirations, but money to pay an attorney. He had to need someone to fight for them and try people that want to be seen, under- borrow half the money for the applica- to make a way. That is when he found- stood, and welcomed. They are your tion fee because he couldn’t get $495 to- ed FIEL, an immigrants’ rights organi- friends and your neighbors, your gether in such a short period of time. zation based in Houston. schoolteachers. . . .’’ Hugo was unable to get his DACA re- Congresswoman BARBARA LEE writes Now, this is so important: ‘‘They are newal application mailed until October about her constituent, Emily. Emily is your friends and your neighbors, your 4, which is still before the deadline. a resident of Alameda, California. She schoolteachers and your doctors, and USCIS received Hugo’s application on came to the U.S. when she was 9 years they need you to come to their side and October 6. On November 1, Hugo re- old with her family from South Korea help. Call Congress, have an open con- ceived a letter from USCIS denying his in the year 2000. She currently works in versation, relay facts and fight for my renewal. Now, you know if they got his community health work in a federally family and the hundreds of thousands application on October 6, they knew it qualified health center in Oakland, like us.’’ was mailed before October 5, or in time California, serving the underserved API This goes on and on. It just seems on October 5, but they turned him community. Emily graduated from UC like it is such an easy solution. There down. Berkeley in 2014 and has been working are plenty of challenges that we have The point I want to make here is as a community health worker ever that are complex, comprehensive im- these are technicalities that people since. She is also taking a class after migration reform, issues that relate to have been turned down on. Could we all work to prepare to apply to graduate how we prepare our country for jobs for live up to the standard that has been school. the 21st century, how we prepare our set to sign in every place with the date Emily says DACA has changed her workers and our education system and and the this and the that even though life and the lives of her family mem- the rest. But in all of that, we have to the information is contained in the bers. She was able to finally contribute be strong as a country. To be strong as package, even though hurricanes inter- to her family’s living expenses upon a country, we have to be true to our vened in the mail service or the oppor- graduation and will continue to pursue values. To be true to our values is to tunity to put the package together, no her dreams. respect the aspirations of people who mitigation, no consideration for that? Emily is grateful for the protection are our future. Our young people are That is really unfortunate because the she received under DACA. But she is our future, and these DREAMers are American people are the losers in all of also deeply concerned about her moth- part of that. They have enriched our that. er and friends who don’t have the same community, and they have been en- Fernanda writes that she arrived in opportunity to come out of the shad- riched by our community, by the good- the U.S. at age 2 wearing a pink parka ows. ness of the American people, and by and matching pants, clutching on to Emily said, ‘‘When my rights as a the greatness of our country. her mom. She carried a single bag and ‘deserving American’ are justified by So our plea to the Speaker is not one abandoned her family in search of a the idea that it was ‘no fault of my just for the DREAMers. Our plea to the better life beside her father in the U.S. own,’ it automatically criminalizes my Speaker is for us, for ourselves, again, Her dad was already in Alabama, and mother, whose love, sacrifice, and re- to honor the vows of our Founders, our they were wanting to be by his side. silience made it possible for me and my patriarch, George Washington, and oth- In the year before his decision to siblings to be where we are today. I am ers who followed him to make our leave Mexico, he had been assaulted forever thankful for her courage and country great, but also to make it a five times and already had his wedding the sacrifice she made to give us a bet- beacon of hope to the rest of the world. band stolen twice. Since arriving to the ter life.’’ Claudia came to the United States States, they have been able to start Emily’s story is a reminder that we when she was 5. She said: ‘‘ . . . my four businesses and create jobs. They must protect DREAMers, but we must family brought me to a country I purchased two cars and put Fernanda never give up the fight for comprehen- would call home. I had to learn a new through college. They also have helped sive immigration reform. It is past language, new culture, a new way of their U.S.-born son reach his goals of time for Congress to pass the clean life. I was brought here by hard- being a professional soccer player and Dream Act. working, loving parents who only is on the Olympic Development Pro- Jose Castillo wrote: wanted what was best for my future, gram team for the southeast region. ‘‘My name is Jose Castillo, and I am running away from poverty and leaving SHEILA JACKSON LEE is with us in the 22 years old. When I was 4 years old’’— family behind in the hope of a better Chamber. Sheila’s story is that one of can you imagine how precious—‘‘my life. these young people living with uncer- parents took my little sister and me ‘‘DACA allowed me to have a chance tainty is Cesar Espinoza, a DREAMer and packed up everything they owned. at a better tomorrow. I am now a med- from Houston who came to America We got on a plane and headed to the ical assistant and a third-year student from Mexico at the age of 6. Cesar United States to escape a country in at the University of Utah. Taking away adapted quickly to his Texas home and its early stages of turmoil. My parents DACA would remove the privileges became a standout student excelling in gave up everything they had to provide that I hold dearly. I am not an ‘illegal programs for the gifted and talented us with a sliver of a chance, one they alien,’ nor am I a criminal or a rapist. throughout his primary and secondary knew we wouldn’t have in Venezuela. I am a human; I am 1 of the 800,000 education. ‘‘They made it a point to raise us DREAMers who thrive for a better fu- Faced daily with the constant threat well while shielding us from racism and ture. America is my home. I didn’t of deportation, Cesar and his family their fears of deportation. choose to be undocumented, but I do were forced to have an emergency plan ‘‘Eventually, we came to understand decide to keep fighting for what is in place in the event one of his family just how many doors were closed to us. right and keep moving forward, un- members were detained by the immi- Disheartened and frightened for our fu- documented and unafraid. I am a gration services. Espinoza graduated ture, we prayed for something, any- DREAMer, and I am here to stay.’’ from DeBakey High School near the thing. DACA was that something. Did I tell you about Juan Escalante? top of his class and was accepted at DACA has given me hope and a real ‘‘With much foresight to the oncoming some of America’s most prestigious chance, but, more importantly, it has political evidence, my parents fled universities, including Yale. But his given me a voice. I can proudly tell my Venezuela in 2000, with my two broth- undocumented status prevented him story to anyone who is willing to lis- ers and me in tow, for the United from obtaining financial assistance, ten, a story about a family who is de- States. In 2006, we learned that an im- nearly shattering his college ambi- termined and persistent in their pur- migration attorney had mishandled our tions. He could have given up on his suit of an American life. immigration case, which meant that,

VerDate Sep 11 2014 02:53 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.025 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H920 CONGRESSIONAL RECORD — HOUSE February 7, 2018 after 6 years of legal fees and paying from the immigration community, to sneak me into work. I picked up the taxes, we were no longer on the path which are all of us unless we happen to trash and refilled the trash can with towards U.S. citizenship. be very blessed to be born a Native bags at every room. Today, I am in one ‘‘By the time President Obama an- American in our country. How beau- of those conference rooms nounced the Deferred Action for Child- tiful some of the Native American fam- whiteboarding with engineers and prod- hood Arrivals, DACA, program in 2012, ilies in our country have been to our uct managers to solve the toughest I had graduated from Florida State newcomers to our country. problems in Big Data.’’ University with a political science de- Our country should all be that wel- Imagine being sneaked in in a trash gree. I fought and lost two legislative coming, and I think our country is. barrel, helping to clean those offices, fights in support of the Dream Act, That is why the numbers are in the and now being the leader in the room, helped enact a law in Florida that eighties and nineties, in terms of sup- whiteboarding with engineers and prod- would provide in-state tuition for un- port for DREAMers, and even in the uct managers, solving the toughest documented students across the State, seventies among Republicans for a path problems in Big Data. and helped organize thousands of to citizenship. ‘‘Anyone who thinks East Palo Alto DREAMers from all across the country. Carlos Emilio Diaz writes: ‘‘I am 19 is a precious community doesn’t live ‘‘Since 2013, DACA has protected my years old, and I was born in Guerrero, there anymore. During the worst days brothers and me from deportation. Mexico. I moved to Houston when I was of gang violence, I had to become With DACA, I was able to return to a year old’’—a year old—‘‘and was street smart and know that, as an im- FSU for a master’s degree in public ad- raised there my entire life. I am cur- migrant and only child in a house of 17 ministration and get a job in immigra- rently a student at UT Austin. My big- people, I wasn’t in a position to fight tion advocacy, as the digital campaigns gest dream is to provide my parents back. My strategy was always to keep manager for America’s Voice. I am a with everything they need without a low profile and be on the lookout for Tallahassee resident.’’ them having to work. They have sac- trouble. Mayra came to the United States at rificed so much and continue to do so. ‘‘The community of EPA put me in age 6. She said: ‘‘I have now lived in I feel that’s the least I could do. DACA touch with amazing people through the United States for 21 years. Cur- gives me that opportunity, and without Eastside. Eastside is a private’’—when rently, I work full time as a special it, my dream has become uncertain.’’ I say ‘‘EPA,’’ in this case, it is East education paraprofessional. I am also a One of the things that I think many Palo Alto. college student. I’m working on my families in transition, that is to say, ‘‘The community of East Palo Alto third college degree.’’ the upward mobility of education in put me in touch with amazing people How many of us can make that our country and the length of time through Eastside. Eastside is a private claim? that families have been here, is the school in EPA that helps underrep- ‘‘In May of 2018, I will be graduating story of their respect for their parents, resented and first-generation students summa cum laude with a bachelor’s de- to see opportunities that they have, get into college. A couple sponsored me gree in elementary education and spe- that DREAMers in this case have, but from 6th through 12th grade. cial education. A challenge I have had just take any people in our country. ‘‘Every day, I met volunteers and to overcome is accepting situations That one generation has tremendous teachers from the surrounding towns that are out of my control and know- opportunity because of the sacrifice of and Stanford University. Through a ing that having strength and fortitude their parents and grandparents. reading program, I met Christina, or will lead me to prevail in the end. Chris, as I like to call her, who, for the ‘‘I first went to college to become a b 1115 past 15 years has been a mentor and a nurse. In 2011, my junior year of col- One of the attitudes that I have friend. She helped me become a better lege, I graduated with honors with an heard from people is, while they are en- reader and eventually edit a manu- associate’s degree in nursing. Unfortu- joying and are grateful for everything script for a book. The education and nately, I was unable to get licensed due that they have and the opportunity support that I received at Eastside al- to my immigration status. It was up- they have to give back to society, they lowed me to be successful and stay setting and embarrassing. I was embar- have a certain sadness that their par- safe. rassed because I would see former peers ents didn’t have that same opportunity ‘‘It sounds crazy, but I couldn’t get a working as actual nurses, and I wasn’t. for education, to reach their personal cell phone. If something happened to And not because I was incapable, but aspirations. Their aspiration was to me while my parents worked the night merely because I was never even given make the future better for their chil- shift as janitors, I couldn’t call 911. I the opportunity to take the NCLEX dren. They certainly were successful at didn’t have a credit history, which re- and get licensed. that. But, still, among some young quires a Social Security number. ‘‘In 2012, I finished my senior year in people, you hear: ‘‘I wish my parents That’s when I started becoming aware college and graduated cum laude with a could have had this opportunity.’’ of my status as an undocumented stu- bachelor’s degree in general studies. How many people have ever said: ‘‘If dent. A Stanford med school student, Over the years, the State I reside in only my mother would have had this Julie, helped me out. Although the has changed State legislation to allow opportunity’’? That is in every genera- phone was under her name, I paid her DACA recipients to receive driver’s li- tion, practically, because opportunities in cash for part of my bill every censes, professional licenses, and cer- for women have changed so much. month.’’ tifications.’’ But, in any case, I have a neighbor in So, again, you see, without it—no That is a beautiful thing, but we East Palo Alto in the heart of Silicon status, no credit, no Social Security want that for the whole country. There Valley, Rocio, who writes: number, no driver’s license—it is de- are just certain things, the contribu- ‘‘I grew up in East Palo Alto in the bilitating and doubly worrisome be- tions of DREAMers to our society, the heart of Silicon Valley before and after cause so many of these people are mak- work they do every day with the Amer- the dot-com bubble. Despite living in a ing such a valuable contribution to our ican people of which they consider tough neighborhood of violence’’—you society, learning from the American themselves to be a part, the benefits maybe don’t know that, but East Palo people, and giving back. they have received from working and Alto is, in the heart of all this wealth, Maneri: ‘‘I’m 18 years old and from knowing people in our country, them- success, and entrepreneurship, a place Los Angeles. I just graduated high selves benefiting from the greatness of that needs more of our attention. school and will be attending UCLA to the American people, the reciprocity ‘‘Despite living in a tough neighbor- study political science in the fall. they have given back and honoring the hood of violence, I watched ‘‘Star Trek Being an undocumented student has American Dream, working hard with a Voyager,’’ ‘‘Friends,’’ read Dr. Seuss, been tough. Coming to this country at work ethic, an ethic of faith, family, and memorized musicals from ‘‘Funny 6 years old completely changed my life. and community, and a work ethic, usu- Girl’’ to ‘‘The Wizard of Oz.’’ On the Learning English and doing well in ally typical of an immigration commu- weekends, I helped my dad clean office school was a battle since everyone in nity as many of us who are families buildings. He hid me in the trash cart my family only spoke Spanish and had

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.026 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H921 no more than an elementary school for me. But it is also hard for me be- else, but the advice that was inadvertently education. cause we really, again, are in a position coming out of my mouth meant nothing to ‘‘However, being a DREAMer has also to do something, and we feel helpless— myself. shaped who I am, what I stand for, and I could no longer follow my own advice. that is what the hard part is—helpless Governing laws did not allow undocumented has inspired me to dream big. After if our Speaker will not, Speaker of the immigrants to go to college right out of high graduation, I hope to go to law school whole House, give this dignity to this school. My too thin of a boy who ignorantly and become an immigration lawyer to House of Representatives to be able to thought he would go to college transformed help others in my situation and give take the vote on a subject of broad de- to that of a cashier tending lines in the local back to my community. I dream that bate in the country, but we can’t de- supermarket. In retrospect, those feelings one day your immigration status bate a bill on the floor of the House. were before DACA was announced. doesn’t define your path in life or hold The Senate has received that dignity, I still remember the many chills that went through my body when President Obama an- you back from reaching your goals but, has received that commitment from nounced the initiative. Then, still worried instead, encourages and embraces di- MITCH MCCONNELL, from Leader that it might be too good to be true, I stuck versity.’’ MCCONNELL on the Republican side, with it and applied, making a huge dif- Again, so many stories of so many but, nonetheless, the Senate side, re- ference in my life. I could continue my edu- DREAMers. I just want to see if we sponding to bipartisan support, bring- cation, work legally, and live peacefully in a have some more from our colleagues in ing a bill to the floor with, again, no world surrounded by fear. terms of the ones that they have sub- guarantee, the debate, we will see what Through DACA, I could achieve the by mitted. We have received all of these then impossible college education. DACA al- path that legislation takes. lowed me to come out of the shadows and from our colleagues. Some of them But why a gag rule in the House of show the true potential I have without fear. identified as being from them or not, Representatives? Why a gag rule? And DACA demonstrated to me that people cared, but all of them, again, proud, proud of that is why I am voicing some of the that people wanted to help and understand these young people who not only are concerns today, largely through the the situation. DREAMers, but inspire the rest of us to voices and the stories of our DREAM- I recently received TheDream.US scholar- dream. ers. We want to be sure that the public ship that bestowed upon me the gift of edu- Mr. Speaker, I thank you for your record of the Congress of the United cation, for which I will be ever grateful. I am courtesy. I am not finished yet. I thank currently an undergraduate student studying States forevermore will reflect the sto- biochemistry at Arizona State University. you for your courtesy in the interim ries of their great contribution to A great school, by the way. and just want to say I am taking this America in the hopes that those stories time because I think we have an oppor- will move the Speaker of the House to I arrived in the United States when I was tunity now that is almost matchless. 5. I grew up American. I grew up speaking give us a vote, to elevate this House of English. I grew up to call the United States We are at a moment when we can all Representatives to its rightful place in- home. This is my home. This is my country. come together to do something really stead of diminishing us by saying the I am here to stay. Luis Roberto Usera good for the country, take an action Senate may talk about these subjects Brisano. that has bipartisan support. that the American people care so much Sofia de la Varga, an EMT student: We have no right, as I said earlier, about, not so fast in the House of Rep- I was 5 years old when my mother told me any of us, to associate ourselves with resentatives. where we were going to on vacation. At the the aspirations of the DREAMers un- So that is why I am using my leader- time, I was excited for this vacation because less we are able to and willing and cou- ship minute to make sure that the our dog had passed away and was buried rageous enough to take action on their RECORD will show the magnificent con- right outside my bedroom window. I wasn’t behalf. So, while some of us have been, tributions of the DREAMers in our too happy about that when it came to get- more or less, receptive to receiving country, the courage it took for their ting a night’s rest. I went ahead and I gath- DREAMers, learning from them, being parents to bring them here. ered my teddy bear and book bag, which inspired by them, some have not been pretty much summed up all my belongings And again, Members are sending in as a child. as exposed to these DREAMers and their stories from Dallas, Texas, from When I was 15, I realized our vacation was their stories as others. I think, if you Arizona State. Let me read this one: more than a permanent move from a dan- had been—and I am not saying you re- Pitter-patter. Pitter-patter. Stretching out gerous country. My mother gave up her en- ject it; I am just saying maybe it is ge- my hand to greet her. She reiterated my tire family for us. She left her brothers and ography or whatever—you would be as name, Mr. Luis Roberto Usera, class salu- her mother to risk her life for us. insistent as many of us are that we live tatorian. Today, I feel worthless. Since I came to America, I have felt nothing but useless and up to who we are as a country, and this Isn’t that great? Making the salutary ad- dress. not belonging. I grew up here. I work, study, people’s House listens to the voices of Clear as the day, breaking wind upon my breathe, and want to live forever here. Yet the American people who overwhelm- face, silencing my voice as I spoke out in a never in my life have I been given a chance ingly support our DREAMers. crowd of thousands. This is our day, ladies to become a citizen, because I was not born Again, I don’t know when we would and gentlemen, the class of 2012. The last 18 here. have another opportunity that matches years of our lives, everything we have ac- For the longest, I have been sick and tired today for us to just get a simple com- complished, everything we have been of living in a place that I am not wanted. For mitment from the Speaker of the through has led us to today. so long, this place I call home refuses to call Reading these words aloud encouraged that me theirs. When people ask me where I am House that he will give us a vote. I had made a difference, that my work ethic from, I say ‘‘America.’’ America. My soul There is no guarantee. We will have the finally paid off. This is meant to be an and heart are from here. If I were to move debate. People will weigh in. They will honor. Here I was, 4.8 grade point average, 4.8 back, I know for a fact I would not like it. I make their voices heard. Congress, grade point average, all honors classes. Ran wouldn’t have a car, internet, friends, secu- again, will work its will. But do not di- student government and some of the most rity. And getting killed is a possibility every minish this House of Representatives, successful blood drives my school ever has day. However, if the choice were mine and no this people’s House, to a place where seen and no way to do anything with it. I one in my family existed, I would leave in a we don’t have the right to express our looked, watching people’s reaction, their heartbeat because at least I would belong. faces toward mine, waiting for me to con- I wanted to leave many times. My mom, views on a subject so important to our tinue. And so I did. the most wonderful soul on the planet, con- country that has such general support An echo was heard around the amphi- vinced me otherwise. She fled because, since in the public and, yet, the Speaker of theater rapidly dispersing my voice to every- the day I was born, they said they were try- the House is saying we don’t matter one in the back, to myself. I spoke into the ing to rob, kidnap, and even kill her. here, we, Members of the House, don’t enchanted crowd, amused at my priestlike When I first heard President Obama’s count in this consideration because voice. speech on DACA years ago, I saw the light at maybe we just don’t have the courage And here, 4 years later, we have to face the end of the tunnel. DACA granted me ev- that same feeling, the bittersweet combina- erything to live a normal life and, for once, to do what we need to do. tion of nostalgia and excitement that comes belong. It was temporary, but I felt real. I I believe we do. I believe many people when you turn off one road in your life and graduated high school at the top percent in on the Republican side of the aisle have onto another. The speech would have been my class. I was first in my family, and I was demonstrated even greater courage great if I had believed a word I was saying. blessed to start college and earned a scholar- than some of us on this side. It is easy The speech might have rung true to someone ship that paid for my first 2 years.

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.028 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE February 7, 2018 This December I will be finishing up my DREAMers a fighting chance for our Rights, and then others that we take EMT school. In the future, I hope to com- future, our hopes, and our aspirations an oath to protect and defend. plete 2 more years of paramedic and attain to become more than just DREAMers. At the same time as they did that, an associate in emergency services. ‘‘Please, please, let it be known that I have a brother that drowned when I was they created the great seal of the younger. In my home country, you can for- all DREAMers appreciate the assist- United States of America. I referenced get that police and an ambulance will arrive ance this Nation has given us through it earlier. It is on the dollar bill. or even bother to come if you call. My only DACA. Futures have been opened for You see that triangle with the eye? hope is to save as many lives as I can or die DREAMers who were once on uncertain It used to scare me when I was little. risking my life for another person. roads, thanks to the help of DACA. I What is that? A pyramid with an eye? b 1130 hope this Nation does not give up on But under it, it says: ‘‘Novus Ordo us. I hope this Nation continues to be- Seclorum.’’ I know DACA can be taken away. I won’t lieve in its DREAMers. I hope this Na- Catholics know that ‘‘seclorum, be able to drive to my college or work to pay seclorum, seclorum’’ means ‘‘forever off my college tuition. My scholarship will tion continues to see why DACA is nec- be terminated, I will be deported and eventu- essary. After all, this Nation is all that and ever and ever.’’ But in this, it is ally left with nothing to live for. I pray for most DREAMers have. Our lives are ‘‘new order for the ages.’’ an opportunity to stop feeling like that. under the weight of this country’s They had so much confidence in what There isn’t room for me here. mercy. Although, as much as we work, they had established and what they You see, it is amazing the effect on as much as we learn, as much as we were doing that was so new and fresh public policy and people’s lives. That is pray, all we can truly do is hope and to the world. They became a beacon to why I want the RECORD to show, again, dream for a hopeful tomorrow, a the world. But in doing this new order that everyone, forevermore in the his- brighter road ahead, a chance to dream for the ages, they had confidence and tory of the United States of America, again. Nayelli Valdemar.’’ optimism that this would last forever will know that these DREAMers are Nayelli, in this statement, talks because it was predicated on the idea part of that history and that their sto- about praying. That is why I am so that every generation would take re- ries will be there to make judgments glad I mentioned at the beginning the sponsibility and make the future better about us as to how we have responded three Bs: the Bibles, the badges, and for the next. to their greatness. the business community. They are so I said it earlier: The American Nayelli Valdemar says: ‘‘I am an AP supportive of giving relief to the Dream. People flocked to our shores scholar. I am a distinguished high DREAMers. bringing their aspirations, hopes, de- school graduate. I am a cum laude stu- Let’s talk about the Bibles. I talked termination, and courage to make the dent. I am a leader. I am a recipient of about the Gospel of Matthew, the par- future better for their families. And in scholarships in merit and cir- able of the Good Samaritan, the dig- adopting them, their traits were like cumstance. I am also an illegal immi- nity and worth of every person’s spark American traits, characteristics of op- grant. of divinity, that God, Christ coming timism, hope, courage, and making the ‘‘Well, allow me to rephrase. I am an down, bringing his divinity to human- future better. And all these newcomers illegal immigrant until the Deferred ity enabled us, our humanity, to par- to our shores, they made America more Action for Childhood Arrivals, an exec- ticipate in his divinity, and that is American with their commitment to a utive action where President Obama that spark that we all have, every sin- better future for their families, and gave me the opportunity to live as a gle one of us. So we have to respect it that continues to this day. resident here in the United States. in others but be responsible for it in And these young people now are DACA has opened many doors for ourselves, and that is the challenge called DREAMers. Their parents had a DREAMers such as myself. Honestly, it that we have. dream for them to bring them to our has made the path to success miles ‘‘Hope,’’ sitting there between country, but they completely adapted more tangible. Inspiring me to be the ‘‘faith’’ and ‘‘charity,’’ the goodness of to our way of always being dreamers best I can, even when the odds plotted others—we all have hope that when we about a better future in our country. against me, DACA was, and is, there to have needs, we believe, we have faith They learned from the American peo- give a helping hand. Regarding my aca- that others will be there for us, and ple. They taught the American people. demic record, neither am I writing to that is what America is about. It is a beautiful relationship. boast about my accomplishment nor to America is great because America is And now we have an opportunity to ask for pity in the right situation, I am good. I say it over and over again. This show our greatness as a country, to here to thank anyone and everyone fabulous, greatest country in the his- honor the values of our Founders, the who made DACA not only possible, but tory of the world, think about it, our courage they had to find a path, a solu- DREAMers’ dreams come true. I’m Founders, how courageous they were. tion, a result, so that we can put this writing to give thanks for the faith the They decided to declare war on the aside and address other issues that re- creators of DACA gave me when the greatest naval power, then, in the late to immigration, which are a bigger compassion of the world seemed to world, the British Navy, the British picture, more complicated, take more turn a blind eye my way. With this let- military. They declared, in the Dec- time, require more public debate. ter, I only hope to help the new Presi- laration of Independence, their griev- Why can’t we just do this? dential administration understand why ances against the king, but they also This is discrete. Congresswoman DACA is a vital part of every DREAM- stated their aspirations about people MICHELLE LUJAN GRISHAM, the chair of er’s life. being created equal. the Hispanic Caucus, said this so beau- ‘‘As a poverty-stricken female immi- No country had been founded on that tifully when we testified before the grant, I have moved mountains to get principle before, and our inalienable Rules Committee on immigration, on to where I am today, but this never rights under God, just remarkable, be- the Dream Act. She said: Think of this would have been possible without the stowed on them by Our Creator. This is bill like CHIP. CHIP, the Children’s assistance of DACA. Playing an impor- a remarkable people. And then they Health Insurance Program, is about tant role in my life, DACA is a pin- fought the war, they won the war, they the children. It is not a bill that talks nacle to the rights I cherish every day. established our founding documents. about universal healthcare, the whole Because of DACA, I have been able to My daughter wrote a movie on it— healthcare system of our country. It is get a job to assist my family. It was well, she didn’t write because it was about the children. We have the immi- not easy working 30-plus-hour shifts, written by our Founders, but she pro- gration issue similar to being a big only to be welcomed by house chores duced a movie on words that made comprehensive issue, but then we have and schoolwork, especially since I America—our Declaration, our Con- this little piece that is for the children. graduated from a magnet school, the stitution, our Bill of Rights. And thank I think it was the perfect analogy. Science Academy of South Texas, a God they had the brilliance to make CHIP is healthcare for the children. It school notorious for its workload. . . . our Constitution amendable. And it doesn’t address the whole healthcare ‘‘My hopes lie in that the generosity being amendable, it became this in- system, changes that people may want of this Nation continues to allow all credible document with the Bill of to make or improve or change. It is

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.030 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H923 about the children. It is an easy path charity. Pope Francis, when he came, b 1145 for us to go down, recognizing that it is spoke so beautifully, as he always does, ‘‘DACA gave me wings, the wings I not a substitute for what we need to do about respecting immigrants. He is liv- hoped for all my life when I was in to address immigration reform in our ing in a much more complicated world school. I participated in national pag- country, but a first step, not a step in- of immigrants coming into Europe, eants placing as a national achieve- stead of. but, again, respecting the dignity and ment finalist. I graduated high school And it is a confidence-building step worth of every person. with a medical assistant certification that we can find common ground in, in And he came here in this Chamber and became a recipient of a bipartisan way, and we must, if it is and spoke about a few subjects. As you TheDream.US scholarship, which recall, one of them was poverty and going to be sustainable, just as the bill helped me pursue my higher education. how we respect the dignity and worth was in 1986 that President Reagan im- DACA has also given me a chance to of people that Christ mentioned so proved upon with his family fairness give back to other DREAMers by being many times in the Bible. As we know, initiatives. an intern at My Undocumented Life So that is why let’s just think of it as poor people are mentioned in the Bible hundreds and hundreds and hundreds of blog.’’ about the children. We should always ‘‘U.S. DACA recipients are not here times because of how important our re- be thinking about the children. They to harm the U.S. The U.S. is our home sponsibility is to them. are the future. They own the future. and will always be our home. We are They are it. And when children come to But he also talked about immigra- tion. He talked about immigration in a part of the fabric that makes the Washington, D.C., and they visit and American flag. For that, I am willing see how we honor our Founders, George very important way. And as I get his statement, I will instead read from to come out of the shadows so you can Washington, Lincoln—later to save the see me.’’ Union, Lincoln—but earlier, Thomas Gloria Rinconi, a medical assistant from Dallas, Texas. Again, this American Dream of mak- Jefferson, et cetera, and walk these She said: ‘‘I am a girl who you grad- ing the future better is recurring in all Halls and see tributes to people who uated next to, the girl who you talked of these stories, and in all of these sto- went before, we say: In most cases, this to daily, the girl who has finally de- ries there has been success. Again, is about respecting contributions these cided to step away from the shadows though, it is not just about the people made to our country, especially and into the light for you to see her. DREAMers. It is about who we are. our big monuments on The Mall, and ‘‘See me as for who I am, not for Luis Roberto. I talked about Luis al- most recently, Reverend Martin Luther someone who told you I would be. ready. I gave his speech. We had his King, Jr., there. ‘‘I immigrated to the United States speech from his graduating class. We honor them, we learn from them, when I was a year old with my parents. Luz Divina writes: ‘‘I came to the we value them. But what we do here is My parents had taken the decision to U.S. from . . . Mexico when I was 2 values-based on how they taught us. immigrate to USA due to being in a months old. I didn’t know I was un- But it is about the future, and this is country that offered no future for their documented until sophomore year of about how we can go into the future family. Even though both my parents high school when I realized I couldn’t making distinctions, discerning. Dis- ran a successful business and my mom get a driver’s permit, apply for jobs, or cerning, having the ability to say there had a college education, the violence go to college programs like all my is some things we can get done, let’s do and underemployment was no future friends were doing. I felt depressed and them; other things take more time. for us. The first place we called home oppressed for years until I finally ap- Let’s build confidence, build bridges in was a small apartment in Dallas, plied for DACA when Obama imple- what we do, again, always trying to do Texas, who we shared with another mented his executive order. I finally it with bipartisanship, with trans- family. We lived in Texas for a year had a chance at the real world. I start- parency so people know what the de- and moved to Statesville, North Caro- ed a collective in high school named bate is and what is in the bill, and that lina. We then moved to the outskirts of ‘The Luzdivina Collective’ that helped brings unity to our country. I think the little town in some rundown trailer DREAMers in my high school and vic- that is very possible. homes. tims of social injustice in my commu- I am very proud to read these state- ‘‘We had nothing. My parents slept nity. I am currently trying to get into ments into the RECORD, and I will con- on the floor while I made a makeshift education—either ethnic studies or art, tinue to do so. But during the night, bed out of a piece of cardboard and a maybe both. The announcement of when I was thinking and praying so blanket. After months of saving up DACA ending has put me back into a hard about our DREAMers, I thought money, my dad finally had enough to state of depression, but I’m trying my maybe we should just pray all day on rent an apartment near downtown hardest to overcome this with the help the floor of Congress. Maybe I should Statesville. After 9 years, we moved of my friends and family. My dream is bring my rosary blessed by the Pope, again to Texas. Growing up, my par- to be an educator, activist, and writer, blessed by His Holiness Pope Francis, ents never hid the fact that I was un- to inspire DREAMers like myself who or the one before that, Benedict. documented from me. They always told are currently or have been in a state of I had the honor and privilege of re- me, ‘Just because you were not born depression due to their legal status.’’ ceiving rosaries blessed by several here, does not mean you are any less. We have to remember how strong the Popes in my lifetime, but I always re- You are loved by many, regardless of DREAMers are but how fragile some of member Pope Benedict. When he came, what you might hear on TV.’ ’’ their existence is when they have no he spoke so beautifully. He spoke so ‘‘Those words became my rock when certainty as to what the next steps will beautifully. His first encyclical is I was in high school. When I was a be for them. Again, this is all about called, ‘‘God is love.’’ In it, he quotes freshman, my mom was diagnosed with family, about parents who had the St. Augustine, who, 17 centuries ago, stage 4 breast cancer. For months she courage to bring their children at an said: ‘‘Any government that is not struggled trying to find treatment at early age to America. This happened formed to promote justice is just a an affordable rate. Doctors would turn 100 years ago. bunch of thieves.’’ her down simply because of her illegal Do you think all of the people who That is what St. Augustine said 17 status, even though she offered to ne- came here all came documented? centuries ago. He, Benedict, His Holi- gotiate a payment plan. She was dying, Maybe we should all look up our ances- ness, goes on to say: Sometimes it is and no one seemed to care. Her only sin try and just find out what the facts are hard to define what justice is, but in was to be an undocumented woman about that. We assume so, but do we doing so, we must beware of the daz- with stage 4 cancer. She eventually really know? zling blindness of power and special in- found treatment, but I had seen first- And there are many people—as I said terest. hand how dehumanizing people can be earlier, Italians were called wops, with- That is what he said. But this doesn’t towards the undocumented. During out papers. That was a derogatory have any of that. This has social jus- this time, DACA was put into place and term. It is disgusting for me to say it, tice, it has camaraderie, it has good it officially opened the door for being an Italian American and so proud spirit. It is based on faith, hope, and me. . . . of my heritage. As I said earlier, we

VerDate Sep 11 2014 02:53 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.032 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE February 7, 2018 grew up thinking that the world was subsidiarity, in a constant effort to do of social justice here. But they do have divided among two people in America: our best. I am confident we can do access. those who were Italian American and this.’’ And one of the things I want to those who wanted to be Italian Amer- How beautiful. And then he goes on praise them for is I think that the 90 ican. Certainly, it feels that way in to talk about immigration in the rest percent, 80 percent, 70 percent ratings, Little Italy in Baltimore, where I grew of the world. And then he says: depending on if it is citizenship or up, and in San Francisco, whom I have ‘‘We need to avoid a common tempta- what, but the high numbers across the the honor to represent. tion nowadays: to disregard whatever board for DREAMers would not have But, in any event, we all take pride proves troublesome. Let us remember been possible without people hearing in our heritage, and that is the best— the Golden Rule: Do unto others as you from the bishops, from law enforce- best—qualification for recognizing the would have them do unto you.’’ ment, and from the business commu- pride that other people take in their I will submit his whole statement for nity making this a very high-profile heritage. I say this to the Italian the RECORD because it goes on in such issue about how their companies have Americans all the time: Because I am a beautiful, beautiful way. It also talks benefited from the DREAMers and how so proud to be an Italian American, I about climate in there, Laudato Si, they truly believe. understand full well why people from which is his first encyclical about This is not an issue that is going to Mexico or Puerto Rico or Africa or God’s creation, this planet, and our re- go away. It is a value. It is not an wherever they are from take pride in sponsibilities to be good stewards of it. issue. It may be a subject for legisla- who they are, their dignity, the au- I am talking about His Holiness. Get- tion, but this is an American value thenticity of their heritage, and who ting to the Bible is part of it. We that is deeply felt across the board. they are. talked about the Bible earlier. I And I am determined that the stories And in America, that beauty, the thought maybe we could say a Rosary of at least some of these DREAMers— beauty is in the mix. It certainly is in on the floor of the House, not just five I can’t do 800,000, although I am willing my district. But in some communities, decades, the full Rosary, all of the to take the time. That might lose im- the contributions of immigrants are mysteries of the Rosary, that is 15 dec- pact after awhile, after some of these not as recent as in others. But in every ades of the Rosary. But, nonetheless, I great stories. community, it has made a difference, think these people telling their stories Listen to Maneri: ‘‘I’m 18 years old constantly reinvigorating America. are very prayerful, and so I will use the and from Los Angeles. I just graduated And so when His Holiness Pope time to put their stories on the high school and will be attending Francis came to speak here in the Con- RECORD. UCLA to study political science in the gress, as a Catholic Italian American— But let me just say how proud I am of fall. Being an undocumented student that is the essence of my being—it was the statements made by the U.S. Con- has been tough. Coming to this country really a thrilling day. It was for all of ference of Catholic Bishops, their cour- at 6 years old completely changed my us, regardless of our background or our age in fighting for immigrants across life. Learning English and doing well in faith. I was particularly thrilled to our country, from our cardinals, our school was a battle since everyone in hear what he said about immigration. bishops, et cetera, from their esteemed my finally only spoke Spanish. . . . But you recall, he talked about Mar- platforms, whether it is the DREAMers Being a DREAMer also shaped who I tin Luther King and the march from or TPS or comprehensive immigration am, what I stand for. . . . After gradua- Selma to Montgomery. He talked about reform. But right now, today, we are tion, I hope to go to law school. . . . ’’ people living in poverty, and he talked talking about the DREAMers. I already told you this story, but it about a number of subjects, but I will The evangelicals in our country, Rev- bears repeating. just speak to what he said about immi- erend Sam Rodriguez’ statements, have ‘‘I dream that one day, your immi- gration. The Pope solemnly said: ‘‘In been so spectacular about, again, the gration status doesn’t define your recent centuries, millions of people spark of divinity that exists in every path. . . . ’’ came to this land to pursue their person that must be respected, strong Alonso: ‘‘Growing up undocumented dream of building a future in freedom. supporters of President Trump also be- in Utah truly shaped me into the per- We, the people of this continent’’—be- lieving that it is possible for all of us son I am today. My experiences grow- cause, as you know, His Holiness is the to have enough goodness in our hearts ing up in the margins of society inform first Pope from the Western Hemi- to get this job done, go past any obsta- the work I do and the work I seek to sphere. cles that may be there. continue doing in this life. I am pas- ‘‘We, the people of this continent, are Again, the Southern Baptist Conven- sionate about working with undocu- not fearful of foreigners because most tion, their leadership, all across the mented students and families and of us were once foreigners. I say this to spectrum, of course, the Jewish com- strive to share all of my knowledge and you as the son of immigrants’’— munity, across the full spectrum of experiences with the undocumented Italian, by the way. faith-based organizations, all speaking community as well the community as a ‘‘I say this to you as the son of immi- out and rallying as people rallied when whole. grants, knowing that so many of you we first saw the Muslim ban. ‘‘I was born in Peru and emigrated to are also descended from immigrants. The people of faith are people of the United States when I was 11. I ar- Tragically, the rights of those who faith. They believe, and they believe rived in Utah with my brother to unite were here long before us were not al- that we have obligations to each other. with our mother, who had come to the ways respected. For those people and They have spoken out in a very coura- U.S. a year before our arrival. Six their nations, from the heart of Amer- geous way. months after arriving in the U.S. with ican democracy, I wish to reaffirm my In terms of the badges, I told you a tourist visa, my visa expired. . . . ’’ highest esteem and appreciation. Those some stories about DREAMers who So he came into the country with first contacts were often turbulent and have come forth to help with law en- legal status. And this is something I violent, but it is difficult to judge the forcement. By and large, we have had think that is really important. Not ev- past by the criteria of the present. strong support from the law enforce- erybody who is undocumented came Nonetheless, when the stranger in our ment community about support for the here in an undocumented fashion. midst appeals to us, we must not re- DREAMers. Some of the documentation is expired peat the sins and errors of the past. We And the business community, oh, my, and, in the case of DACA, just a ques- must resolve now to live as nobly and they have been spectacular in terms of tion of when the mail hit and what day as justly as possible, as we educate new raising the profile, treating their em- it was received by the government. generations not to turn their back on ployees who are DREAMers with re- ‘‘I was 12 and a hardworking student, our ‘neighbors’ and everything around spect, advocating for them. earning good grades working toward a us. Building a nation calls us to recog- And this Congress of the United future that would allow me to repay nize that we must constantly relate to States, they seem to have a strong my mom for all of her sacrifices. As a others, rejecting a mindset of hostility voice on some issues. I wish they would high school student, I enrolled in hon- in order to adopt one of reciprocal be listened to as attentively on issues ors and AP courses, which challenged

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.034 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H925 me and furthered my plans of earning a DACA recipients have a key role to know the DREAMers, the better it will higher education. play in healing the differences that di- be for our country. ‘‘I graduated from high school with a vide us. Vasthy Lamadrid came to the United diploma of merit and went to the Uni- Oscar Cornejo, Jr., was brought to States from Mexico when she was only versity of Utah, where I would major in Park City, Utah, when he was 5 years 5 years old. Despite her family’s mod- sociology and be mentored by incred- old. He was an excellent student est means, Vasthy felt safe and ex- ible individuals. Most pointedly, Matt throughout his childhood and now at- celled in school. Math was her best sub- Bradley Ph.D., rest in peace 2012; tends Dartmouth. If DACA is elimi- ject, and she had nearly perfect scores Caitlyn Cahill, Ph.D.; and David nated, Oscar will lose his legal status on standardized tests. Quijada Cerecer, Ph.D. My mentors and could be deported back to Mexico, In middle school, Vasthy discovered showed me that my work, insight, and a country he hasn’t lived in since he the love of engineering. She excelled contributions as an undocumented stu- was 5 years old. academically and was active in her dent are important. . . . ’’ Will America be stronger if we deport community. Now, imagine, this child came in doc- Oscar? Will America be stronger if we Vasthy has gone on to attend Arizona umented but became undocumented deport Oscar, or if he stays here and State University, again, I mention, a when the visa expired. achieves his dream of becoming an edu- great school. Because of her immigra- ‘‘. . . and I truly owe them for show- cator? The answer is clear. DACA tion status, she does not qualify for ing me that I matter for being who I works. any government assistance and has to am. Lisette Diaz was just 6 years old pay out-of-state tuition, despite having ‘‘In 2013, I graduated from the Uni- when her family brought her to the lived in Arizona for most of her life. To help pay for her education, versity of Utah with an honors bach- U.S. from Chile. Growing up in Long Is- Vasthy decided to crowdfund her col- elor of science in sociology, and in 2016 land, Lisette excelled in school and was lege education. Vasthy shared her with a master’s in education . . . with involved in her community. She went story online, and this brought in an emphasis on higher education ad- on to attend Harvard, where she re- enough contributions to pay for her ministration. I am currently the ceived numerous awards and partici- tuition. She is currently in her second Dreamer Program Coordinator for the pated in a variety of extracurricular activities. Lisette recently graduated year of college. In her first semester, University of Utah, which is the first Harvard with honors. she made the dean’s list with a 3.79 center for DREAMers in the State of Lisette and other DREAMers have so GPA in the Ira A. Fulton Schools of Utah.’’ much to contribute to our country, but Engineering. God bless you, Utah. Donald Trump and other Republicans Thanks to DACA, Vasthy is able to ‘‘In the future, I would like to pursue have made their agenda clear. They work to support herself and volunteer a Ph.D. in sociology with a focus on want to shut down DACA and DAPA in her community. As a result of her immigration and labor studies.’’ and deport hundreds of thousands of volunteer work, Vasthy has decided This is important because, once DREAMers and American children. that she wants to become a science again, as has been consistent in these That is Lisette’s view. I hope that we teacher. themes, the DREAMers are grateful for have a better understanding of where Okay. So I have been going through the mentoring they have received from the President may be on this. We don’t some of these rather quickly in order people in our country, some of whom want Lisette to be deported back to to get as many of them in the RECORD shared their heritage, most of whom Chile, a country where she hasn’t lived as possible. But I do want to change did not. That is the beautiful thing since she was 6 years old. my pace a little bit because some of about the DREAMers: they know that When Cynthia Sanchez was just 7 these stories are so emotion-filled, and they have a dream, but somebody else years old, her family came to the I can place the statement in the had a plan for their own dream that in- United States from Mexico. Cynthia RECORD, but I want to deliver the sto- spired the DREAMers to have their grew up in Denver, Colorado, and was ries. plan. an excellent student. She went on to I am trying to be respectful of other b 1200 attend the University of Denver, where people’s time, but I am also trying to she received numerous awards and be respectful of the challenge that we When Yuri Hernandez was only 3 scholarships and was an active volun- face and the need for us to find a solu- years old, her family brought her to teer. tion which is clear in sight for our the United States from Mexico. Yuri In 2010, Cynthia graduated from col- DREAMers. grew up in the town of Coos Bay in Or- lege with a degree in cognitive neuro- Fernando’s family came to the egon. In high school, she was an honor science, which is a double major in psy- United States when he was 9 years old. roll student who was very active in her chology and biology, as well as a minor In high school, Fernando was an AP community. Yuri went on to attend the in chemistry. Scholar and received the International University of Portland, where she grad- In 2013, she applied for DACA and was Baccalaureate Diploma and the uated with a bachelor’s degree in social approved that summer. By September, achievement award in foreign language work. Cynthia was working at Northwestern for French. Yuri is now a graduate student at the University in Chicago doing clinical re- Fernando continued to excel aca- University of Michigan School of So- search in the Department of Medicine’s demically at Santa Clara University, cial Work. She is planning to graduate Division of Cardiology. Her research fo- where he graduated cum laude with a with a master’s in social work in the cuses on improving treatment for pa- double major in biology and french. fall of 2017. In her spare time, she tu- tients who suffer from heart disease. Now a third-year doctoral student at tors and mentors high school students. Cynthia said: ‘‘DACA has meant a UC San Francisco—the ultimate, fabu- Yuri dreams of becoming a social new realm of opportunities for me, it lous place, right—Fernando—it is very worker and giving back to her commu- has opened new doors for me, and it has hard to get in—works at the UCSF nity. allowed me to once again see my dream Helen Diller Family Comprehensive Rey Pineda was brought to America as a reality. I truly believe that if Cancer Center, where he is working when he was 2 years old. The first in those opposed to DACA or the Dream hard to provide new insights into many his family to attend college and a de- Act had a chance to sit and chat with diseases and disorders. Again, giving vout Catholic, Rey is now a priest in undocumented students, their opinions back. the Cathedral of Christ the King in At- might change. They would see capable, Denisse Rojas—in 1990, Denisse tells lanta, Georgia. If DACA is eliminated, smart, hardworking individuals who her story that when she was an infant, Father Rey will lose his legal status are Americans in every sense of the her parents carried her across the and could be deported back to Mexico, word, love this country, and want to Southwest border with the hope of giv- a tragedy for Father Rey and his con- contribute to its prosperity. After all, ing her and her siblings a better life. gregation. this is our home.’’ Just think of this family, so coura- After the most divisive election in That is really very beautiful. I do be- geous. Denisse’s family settled in Fre- recent memory, Father Rey and other lieve that the more our colleagues mont, California.

VerDate Sep 11 2014 02:53 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.035 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H926 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Denisse said, in her words: ‘‘In grade number one in my major, wrote two away. I only hope for other young school, I recall feeling different from first-author papers, won research DREAMers and undocumented children my peers; my skin color was darker, awards, and have a patent pending. like myself to make the leap to push my English was stilted, I was poor, and ‘‘Consequently, I was accepted into that shut door open, to know a dream I was undocumented.’’ graduate school at Columbia Univer- of wanting more is not impossible.’’ In 2012, when President Obama estab- sity. However, due to my status, I’m This is one of the DREAMers I met at lished DACA, Denisse’s life changed. As unable to obtain a stipend to continue the State of the Union. Perhaps you re- a DACA recipient, Denisse’s dreams fi- my education. Receiving DACA would member, America is her name. She was nally seemed within reach. She was grant me the opportunity to acquire the guest of DAVID PRICE from North able to apply to medical schools that the funding I need, provide for my fam- Carolina, and she spoke at our press before would have turned her away be- ily, and master my craft to realize my event with the DREAMers. cause of her immigration status. This full potential. But due to election re- America immigrated to the U.S. meant that she could focus on pursuing sults, applying for DACA is simply not when she was 2 years old and has lived a career in medicine and no longer fear a favorable option anymore. in Raleigh, North Carolina, for 22 the possibility of losing the only home ‘‘Without DACA, many live in daily years. Thanks to DACA, she was able she had ever known. fear of deportation. I’ve had friends to earn bachelor’s and master’s de- Denisse said: ‘‘I have pledged alle- whose families were torn apart.’’ grees. She now teaches English as a giance to this Nation’s values since my This is Kok-Leong Seow. second language at Sanderson High first day of school; I consider the ‘‘These are genuine, everyday strug- School in Raleigh. She was just so United States my home. Furthermore, gles, and it’s easy to dismiss it because lovely. We thank DAVID PRICE for in- serving others has instilled in me the it’s not happening to your family. To troducing her to us. notion that everyone deserves the op- truly empathize, you need to dig deep Another guest at that same press portunity for prosperity. I thus aim to and allow yourself to feel our pain and conference, as some of you may recall, dedicate my life to serving others as a our anxiety.’’ was the guest of Senator KAMALA HAR- physician and continuing to be a voice This is a very important message, for RIS. Denea Joseph is her name. Denea for immigrants.’’ us to dig deep and experience their pain is a DACA recipient who came to Reading Denisse’s story about her and anxiety. America from Belize when she was 7 being concerned in grade school, ‘‘I re- ‘‘Many non-Native Americans seem years old without her mother, father, call feeling different from my peers; to forget that they, too, have immigra- or siblings. She attended the Univer- my skin color was darker, my English tion in their blood. Just like everyone sity of California, Los Angeles, where was stilted,’’ I am reminded of my own else, we simply want an opportunity to she advocated for the creation of an grandson. He is Irish, English, what- contribute to the only home that we immigration attorney position and ever, whatever, and Italian American. know. Ironically, I’ve enjoyed the ad- worked to increase financial aid for un- He is a mix, but he looks more like the versity. I feel alive under pressure. I documented youth across the UC sys- other side of the family, shall we say. am unfazed and undocumented. I’m not tem. I wish you could have heard her When he had his sixth birthday, he going anywhere.’’ personally tell her story with such in- had a very close friend whose name is He is not leaving. tellect and such passion. Antonio. He is from Guatemala, and he Gladys Klamka, Phillispburg, New b 1215 has beautiful tan skin, beautiful brown Jersey. ‘‘Patience and heartache is how eyes, and the rest. This was such a I would describe my past. I was 2 when She goes on here to say: As a Young proud day for me because when my my family made the most important People For fellow, Denea addressed un- grandson blew out the candles on his decision for us. Moving to the U.S. documented youths’ educational access cake, I said: ‘‘Did you make a wish? meant a second chance for me. If we and retention. Her story was featured And he said: ‘‘Yes, I made a wish.’’ We had stayed in Mexico, my folks would in the LA Magazine’s historic immigra- said: ‘‘What is your wish.’’ He said: ‘‘I have made a decision to give me up for tion issue, and is currently on display wish I had brown skin and brown eyes adoption. We settled in NJ for eco- as part of the Undocumented Stories like Antonio.’’ It was so beautiful, so nomic relief. Exhibit at downtown UCLA Labor Cen- beautiful. ‘‘Unfortunately, at the age of 4, my ter. She is a communications coordi- The beauty is in the mix. The face of innocence was stolen from me. I was nator for UndocuBlack Network— the future for our country is all-Amer- sexually molested by a 16-year-old boy, UndocuBlack is a resource to us. Many ican, and that has many versions. but my parents didn’t report it, they of the DREAMers are Black—where she Kok-Leong Seow: ‘‘None of my didn’t understand the law, for fear of advocates for the representation of friends from my hometown know. My deportation. Both of my parents UndocuBlack immigrants within the parents raised me to be gritty, never to worked full time to keep a roof over mainstream immigrant narrative. She complain or take handouts. I didn’t our heads. I wasn’t able to go off to col- aspires to be a human rights attorney, want to have a victim mentality or be lege financially or drive or travel. I got advocating for the rights of the most known for being undocumented. But I used to doors slamming in my face,’’ marginalized around the globe. realized that sharing my story would Gladys writes. I mentioned here that her story is be therapeutic, raise awareness, and ‘‘I was about 14 when my parents ex- featured in LA Magazine’s historic im- help other underprivileged people. plained to me about our status. Con- migration issue and is on display at the ‘‘I came to America when I was 6 fused about my future, I decided to downtown UCLA Labor Center, and years old. My parents grew up poor and push harder. I finished school, worked now it will be part of the CONGRES- risked so much to move us here with full time, and contributed back to the SIONAL RECORD. hopes of giving us a better life. My dad community. Miriam Ochoa-Garibay said: ‘‘I’m 18 is a waiter at a small restaurant, which ‘‘I received a taxpayer ID issued by years old and I’m a DACA student cur- is enough to put food on the table and the IRS in 1997. I always thought it was rently enrolled at the University of clothes on our backs. We pay taxes, funny that the government will take California, Riverside. I came here from abide by all laws, and don’t live on wel- our money but not let us work legally a Mexican background. I was born in fare. in this country. the Mexican state of Michoacan, but ‘‘As for me, I can’t legally work, ‘‘I applied for DACA in 2012. I still re- I’ve been living in the United States drive, fly, or have health insurance. member the day I opened my approval since I was 2. I went to preschool, I’ve missed out on numerous opportu- letter. My father said: ‘Now I don’t kinder, elementary, intermediate nities because of my situation. Fortu- have to worry about you.’ school, and high school in the State of nately, I was able to pursue college. ‘‘I now own my own home, car, and I California. I always loved school. I re- ‘‘Fast forward 4 years, I have grad- work in the healthcare system. After member being a little girl and getting uated magna cum laude in computer election day, I wondered if this dream home from school, and the first thing I engineering from Wichita State Uni- would soon end. It’s been a hard reality did was start my homework. I remem- versity. I was at the top of my class, check that privileges could be taken ber that, as early as elementary school,

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.037 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H927 there was this test called GATE. It was think twice. We all knew it was an ad- work, and contribute in this country, supposed to be the smart kids’ test, vantage and a precious opportunity the but because I believe in the core values and every year I passed it. I remember country had given us. Finally, we were all Americans shares as a nation: lib- being an honors student. My parents given the chance to prove that we are erty, justice, and prosperity.’’ were very persistent on me getting part of this country’s future and suc- Ha Eun and other DREAMers have so good grades because that meant a bet- cess. much to contribute to our country. But ter future. It wasn’t until I was in high ‘‘Because of DACA, I am able to say without DACA or the Dream Act, they school where I realized that maybe it that I am a part-time student and part- will be deported back to countries was going to take more than just good time staff for an afterschool program. I where they haven’t lived in since they grades to go to college. I became really am two steps closer to becoming a were children. aware that I was undocumented. I be- businesswoman and a teacher, and that Will America be a stronger country if came fearful that I was not going to gives me hope. Sadly, however, the new we deport people like Ha Eun? have a ‘better future’ because I was un- administration has posed threats that The answer is clear. That is a ques- documented. I knew that, financially, will make my hope and my dreams tion that has arisen throughout. We my parents weren’t going to be able to unreachable. If the permit is taken asked it earlier. pay for college. So when DACA came away, our hard work will become Will America be a stronger country if into place, it was a huge relief. There worthless. I want to give back to this we deport—fill in the blank with the was finally a program that accepted country, so I yearn Congress to give me name? me, an undocumented student. DACA that chance.’’ But I love what Ha Eun has said: means everything to me. Not only do I Many of the stories that I have been ‘‘And I believe this not solely because I have financial aid for my college tui- reading so far have been, but not all, live, study, work, and contribute in tion, but I was granted the opportunity about people in our own hemisphere. this country, but because I believe in to work legally’’—to work legally. How But it is important to note that many the core values all Americans share as lovely—‘‘to find a job and be able to undocumenteds are from the Asian-Pa- a nation: liberty, justice, and pros- make money for my needs. DACA be- cific region. Many are from Africa or perity.’’ came a reassuring force to many stu- from the Caribbean. That is our hemi- Tomas Evangelista is a DACA recipi- dents like myself, whose only desire is sphere, but not in terms of Latin ent from Auburn, California. At the to be given an education in order to be- America, but in terms of the Carib- age of 2, he came to the United States come a successful factor of this soci- bean. So some are even from other from Mexico with his mother in search ety. I am proud to be Mexican, but I’m places that are not necessarily eth- of a better life. Unfortunately, after a also proud to be part of America’s nically diverse. year of being together in the United great educational system. DACA has Here is one story about Ha Eun Lee. States, his mother passed away from given me the opportunity to dream of Today I want to tell you about Ha Eun cancer. my own white picket fence one day.’’ Lee. When Ha Eun was 6 years old, her Can you imagine? This is interesting to me because, as family came to the United States from His grandparents took him in and he an Italian American myself, I always South Korea. She grew up in Bloom- grew up in northern California, where reference, which is so obvious when field Hills, Michigan. Here is what Ha he ran cross country and track at people are proud of their heritage, es- Eun says about her childhood in the Pacer High School. pecially newer immigrants, to see the United States of America: ‘‘I was fortu- These all-American kids, it is just a pride that they take in their heritage nate enough to grow up learning that beautiful story. and the fierce patriotism they have for diversity is encouraged and differences Following his high school career, America. That was what we saw in our are not just tolerated but welcomed.’’ Tomas received an associate of arts in community when I was growing up: Ha Eun was a good student and com- social science, and, in 2014, he com- fiercely patriotic Americans, while mitted to public service. In high pleted his bachelor’s of arts degree. very proud of their heritage. And that school, she was a member of the Na- Today, he works for the nonprofit orga- is who people are. That is their authen- tional Honor Society, received the nization Latino Leadership Council. He tic self: patriotic Americans proud of Principal’s Academic Achievement also intends to attend Lincoln Law their heritage. We want to make this, Award, and was an Oakland Activities School in Sacramento, California, in as was said in this, to be legal. Association Scholar Athlete. She was a spring of 2018. Ana Sanchez is from Elgin, Texas. I member of the track and field team for Tomas cofounded California Dream- don’t know if they say Elgin in Texas. all 4 years of high school. ers with fellow DACA recipient Doris Ana says: ‘‘Like any other beneficiary Ha Eun is now a senior at the Univer- Romero. They seek to change the nega- of DACA, I, for once, have been given sity of Michigan, majoring in English. tive narratives surrounding immigra- the opportunity to pursue my dreams She volunteers with the Red Cross and tion with facts. They want to change by attaining higher education and a is the co-president of an organization the narrative with facts, the truth, job. I am Ana Sanchez, an 18-year-old called The Supply. The Supply raises through sharing personal stories. The undocumented student who was money to help students in Nairobi, ultimate goal is to encourage immigra- brought to this country when I was Kenya, to attain an education. tion reform and to establish a pathway only 2 years old. Due to living condi- She is from South Korea, an all- to citizenship. tions in my home country, my parents American girl, now a co-president of an Vanessa Rodriguez story: ‘‘My name decided to immigrate to the United organization that raises money to help is Vanessa Rodriguez, and they all call States to offer me and my sister a students in Nairobi, Kenya, to attain me Undocumented Dreamer. Undocu- much better education and a better fu- an education. mented because I was born south of the ture. Growing up, I was aware that I As co-president, Ha Eun has ex- United States border, and Dreamer be- had been born in Mexico, however, I did panded the organization’s efforts to in- cause that was the inherent last name not know the effects of being undocu- clude volunteering locally with Detroit that my parents gave me when they mented until high school came about. charities. risked their souls to give me a better Now that I am older, I realize who I am Ha Eun was also a policy and pro- future.’’ in the eyes of the government, and it grams intern for the Asian Americans They called her Dreamer—called her saddens me to know that people believe Advancing Justice Center. As Ha Eun Dreamer as her last name. these misconceptions of us. I mean, completes her last year of college, she Vanessa continues to say: ‘‘I have ever since we arrived to Texas, my dad dreams of becoming a lawyer to defend lived in Texas for 12 years, and for 12 has risked his health and life by work- civil rights. years I have known no other home. My ing under dangerous conditions just to Ha Eun wrote me a letter, and she father works in construction and my earn enough money to provide food and said: ‘‘Although I’m legally labeled as mother works as a housemaid. Their shelter for my family. When it was an- an ‘alien’ in this country I call home, I hard work and humble occupations nounced that DACA would be available believe I am American. And I believe have given my family a chance to do for people like me, my family did not this not solely because I live, study, more and dream higher; a chance that

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.039 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE February 7, 2018 made me the salutatorian of my class ‘‘After returning her call, we shared President Obama issued the DACA ex- and a recipient of the State of Texas our feelings of excitement and confu- ecutive order. Student Hero Award. However, their sion regarding the matter at hand. None of this success would have been work only granted me a chance to Then she informed me President possible without the leadership, per- dream, not a chance to accomplish. Barack Obama would be making an an- sistence, optimism, and the courage of Only the government could grant me nouncement at any moment. As soon Senator DURBIN. He has heard all of that. So, for years, I lived under the as I hung up, I read through a few more these stories, so many of these stories notion of fear and uncertainty. text messages, called my mom, and ran firsthand for nearly two decades. I con- DREAMers like me kept their dreams outside the tent to inform the MAA gratulate him. and secured them in a box called ‘limi- family about the news.’’ And as I have said earlier, our call tations.’ It was until the arrival of Can you just imagine the excite- today is for our Speaker to give the DACA that things changed for us. ment? They were out camping. same opportunity to House Members to DACA enabled us to pursue and achieve Alonso continues to say: ‘‘Within a vote on a DREAMers bill, just as they more. For me, it meant an opportunity few minutes, all MAA participants were able to achieve in the Senate. at pursuing hiring education, obtaining crammed ourselves into two cars in Senator MCCONNELL, the Senate lead- a job, and acquiring something called Little Cottonwood Canyon, where we er, has been working with a bipartisan temporary security. One year of this tuned into the radio eager to listen to group of which he has always been a security from deportation was what President Obama announce the pro- part—it has always been about biparti- made the beginning of my dream a suc- gram which we all have come to know sanship—pledged to bring to the Senate cess. I was free from fear of deportation as consideration of Deferred Action for floor a vehicle that the Senate will act that enabled me to gain competence in Childhood Arrivals, DACA.’’ upon, no guarantees. The Senate will my abilities.’’ work its will. What dignity that brings b 1230 People sharing their stories in such a to the United States Senate, what com- clear way, and, in many cases, a very ‘‘My story is one of hundreds of thou- mitment to the purpose of America well-written way. sands of DACA stories across the that is there. Vanessa continues to say: ‘‘A few United States. We all have different We feel like second-class Members of weeks ago I finished my first semester backgrounds, first and last names, in- Congress over here when it is not with- at the University of Texas at Austin’’— terests, journeys, and goals; however, in our realm to discuss something that which is a very hard school to get into, we all have at least one thing in com- is being discussed across the country, by the way—‘‘and although I was a full- mon: we are all American DREAMers. in the Senate of the United States, at time student with two part-time jobs, I Since DACA, I have earned an honors the White House. But here, we can’t still managed to obtain an outstanding B.S. in sociology and M.Ed. in edu- have the opportunity to officially dis- GPA. DACA has made all these accom- cational leadership and policy from the cuss legislation that is on the floor. plishments possible and it has been the University of Utah. I am an active That is why I am taking this time, difference between simply existing and community member and have most re- my congressional leadership 1-minute, living a dream. cently been honored to serve as the to read into the RECORD these inspiring ‘‘As the time approaches for the new Dream Program Coordinator at the stories. Again, it brings tears to my administration to come in, the fear is University of Utah, where I seek to eyes. Excuse me for being emotional starting to become more evident. The support undocumented students, with about it, but when I think of the con- uncertainty and anxiety is real. and without DACA, to access, persist, tribution that Senator DURBIN has ‘‘My question to Congress is: When and achieve a higher education in the will you unchain my dreams? When my made to this, the stories he has heard, country we all call home.’’ the stories he has told—I have seen only hope is taken away alongside The way they write these stories and DACA? Or will you fight to protect stu- him receive with great respect and the excitement and the anxiety that dents like me from deportation?’’ honor across the country getting so they convey is really something that It is not even a fight. It is a simple many awards from people who see him decision. It is a simple decision. It has the printed word may not convey. But as a person who understands their anx- been made easy by separating it from I hope at least the RECORD will show iety and concern but, as important as the more complicated and controver- the cumulative effect of all of these that, their possibilities and their con- sial aspects of comprehensive immigra- stories. I wish you could see them. tribution to America. tion reform, which we must address. It A person who has seen more of them That is why, as I said earlier, Sen- is about the children. It is about the than anyone honors us with his pres- ator DURBIN should think of this as the children. ence in the Chamber. We all get emo- CHIP versus healthcare; as the chair of Alonso R. Reyna Rivarola’s story tional on this subject, but no one has the Congressional Hispanic Caucus, goes like this. ‘‘I will always remember put more brainpower and passion into Congresswoman MICHELLE LUJAN GRIS- the day DACA was announced. It was this subject than the distinguished HAM, has described in front of the Rules June 15, 2012, and I was camping for a Senator from Illinois. Committee, think of this as CHIP retreat with students, friends, and col- He has served in this body for a long versus healthcare, children versus com- leagues from the Mestizo Arts & Activ- time, so we know of his leadership and prehensive immigration reform. ism Collective, a youth participatory his values. But for all the years he has This is one clear opportunity where action research collective in Salt Lake served in public life before Congress we can come together not as a sub- City, Utah. At approximately 10 a.m., and since, and in the House and now as stitute for comprehensive, but as a the group took a break from the agen- a leader in the Senate, the DREAMers step, confidence building, trust build- da, which I used to go back to the tent have been a priority for half of his ing, in a bipartisan way, with trans- to check on my phone. When I turned service in public life. parency and in a unifying way for our my phone back on, I was taken aback He first introduced the DREAM Act country. by the number of text messages, missed in 2001 into the Senate. It was intro- So I thank the gentleman, Senator calls, and voicemails I was receiving. duced over on our side by LUCILLE ROY- DURBIN. Buzz, buzz, buzz, buzz, buzz, buzz. BAL-ALLARD around the same time. She Because of the leader minute, I am ‘‘ ‘The Dream Act has passed!’ shout- is the mother, the godmother of the not able to yield; otherwise, I would ed a close friend of mine, a fellow DREAM Act that has been advanced. have nearly 200 people seeking recogni- DREAMer, in a voicemail. I was ex- In 2010, we were able to pass the tion on the floor to tell the stories of cited, yet confused by her words, know- DREAM Act in the House under the their DREAMers. I have told some of ing at the time no Dream Act bill was leadership of Mr. DURBIN, Senator DUR- them, but our colleagues are so com- being debated in the U.S. Congress or BIN. It received a majority of the votes mitted and unified on this subject, and Senate. However, as confused as I was, in the United States Senate but did not their constituents are. I was too adrenalized at the possibility reach the 60 threshold, and so the dis- But even if a colleague on the other that a quiet Dream Act boxcar bill had cussion goes on. As you know, shortly side of the aisle would say, ‘‘Will the made its way into becoming a law. thereafter, a couple of years later, gentlewoman yield?’’ the rules do not

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I said not just 5 decades, Mark 9:37.’ ’’ do, but with great intellect, to have a all 15 decades, including the Glorious That is so beautiful because what vision and a dream, but an intellect Mysteries. They were the sad ones in they are saying is, when you reject with a plan to get the job done. the middle: the Agony in the Garden, these newcomers, you are rejecting There is a clear path. It exists in the the Crowning with Thorns, Scourging who sent them, and who sent them but Senate. We don’t know why that door at the Pillar, the Crucifixion. Then it our Lord. is shut to us in the House. We call upon takes us to the Glorious Mysteries. But Today, our Nation has done the oppo- the Speaker to open the same door in all of it is prayerful. I believe in pray- site of how Scripture calls us to re- the House, through discussion, that is er. spond. It has stepped back from the in the Senate. I want to commend, once again, Sen- And so many of our, as I call it, Bible progress that we need to make as a ator DURBIN for his extraordinary lead- constituency—not the National Catho- country. ership. DREAMers know him. lic Conference of Bishops but the evan- ‘‘Today’s actions represent a heart- In 2002, when Luke was 11 years old, gelical community—has been so spec- breaking moment in our history that his family brought him to New York tacular in supporting immigrants to shows the absence of mercy and good- State from South Korea. Luke grew up our country and, especially in this will and a shortsighted vision of the fu- in Palisades Park, New Jersey. Here is case, of DACA. ture. DACA youth are woven into the what Luke said about growing up in This is the statement of the United fabric of our society and our Church, Palisades Park: States Catholic Conference of Bishops: and are, by every social and human ‘‘It didn’t take long for me to adjust ‘‘The president and vice president, measure, American youth. and assimilate because my elementary along with the chairman of the U.S. ‘‘We strongly urge Congress to act school offered bilingual classes in Ko- Conference of Catholic Bishops’’—in and immediately resume work toward rean and English. This is the kind of this case, meaning the president of the a legislative solution. We pledge our America I have known and experi- organization—‘‘along with the chair- support to work on finding an expedi- enced—not just mundanely accepting man of the U.S. Conference of Catholic tious means of protection for DACA diversity, but going above and beyond Bishops have issued a statement de- youth.’’ to serve the unique needs of a diverse nouncing the administration’s termi- The bishops go on to say: ‘‘As people community.’’ nation of the Deferred Action for Child- of faith, we say to DACA youth, regard- From an early age, Luke had a pas- hood Arrivals program after 6 months. less of your immigration status, you sion for science. He was accepted into a ‘‘The following statement from the are children of God and welcome in the math and sciences magnet high school USCCB’’—that is, the United States Catholic Church. The Catholic Church called Bergen County Academies, Catholic Conference of Bishops— supports you and will advocate for which was ranked by Newsweek as one ‘‘President Cardinal Daniel N. DiNardo you.’’ of the top five public high schools in of Galveston-Houston, along with That is such a beautiful statement. the country. At Bergen County Acad- USCCB Vice President Archbishop Jose As I noted earlier, tomorrow is the emies, Luke won several awards at re- H. Gomez of Los Angeles; Bishop Joe S. National Prayer Breakfast, and many gional science fairs. He also volun- Vasquez of Austin, chairman, Com- people who will be gathered there are teered as an emergency medical techni- mittee on Migration; and Bishop Jo- among those who have been so sup- cian in the local ambulance corps. seph J. Tyson of Yakima, chairman of portive of our DREAMers. We thank In 2013, Luke graduated—are you the Subcommittee on Pastoral Care, them for their leadership and their ready?—summa cum laude with a bach- Migrants, Refugees, and Travelers says courage. I mentioned some earlier. I elor’s of science in chemistry and re- the ‘cancellation of the DACA program don’t know if these people will be there ceived an award for the highest grade is reprehensible.’ tomorrow, but certainly members of point average of any chemistry major. ‘‘Over 780,000 youth received protec- their church. As I mentioned, Dr. Sam b 1245 tion from the DACA program since its Rodriguez, Reverend Sam Rodriguez This brilliant young man is currently inception by the Department of Home- has spoken out as a leader in the evan- a Ph.D. graduate in chemistry at the land Security in 2012. DACA provided gelical community. University of Chicago. He also works as no legal status or government benefits So, hopefully, tomorrow, as they a researcher at the university. In his but did provide recipients with tem- pray and come together, they will be spare time—in his spare time, how does porary employment authorization to speaking about what we see from the he have spare time—but in his spare work in the United States and a re- pulpit, from the bishops, from the time, he also works as a researcher. He prieve from deportation.’’ evangelical community. If you believe volunteers for the Chicago Korean A quote by the Bishops: ‘‘ ‘The can- that we are all God’s creation, as I do, American Resource and Cultural Cen- cellation of the DACA program is rep- as people of faith do—and I do believe ter, an organization that provides serv- rehensible. It causes unnecessary fear faith is a gift that everyone doesn’t ices to disadvantaged members of the for DACA youth and their families. have. community. Good for you, Luke. These youth entered the United States So you may not have that same per- Consider this: without legal status, as minors and often know America as spective, but if you do believe—and I Luke’s talents would have been squan- their only home. The Catholic Church believe that everyone gathered there dered. But now, thanks to DACA, when has long watched with pride and admi- tomorrow will believe—and many peo- we had DACA, Luke was on the road ration as DACA youth live out their ple across our country subscribe to ‘‘In toward making his childhood passion daily lives with hope and a determina- God We Trust,’’ then you must sub- into a promising career as a scientist. tion to flourish and contribute to soci- scribe to what the Bible tells us. To Luke has written: ‘‘DACA did much ety: continuing to work and provide for minister to the needs of God’s creation more than shielding me from deporta- their families, continuing to serve in is an act of worship; to ignore those tion and changing my immediate cir- the military, and continuing to receive needs is to dishonor the God who made cumstances; it gave me a new faith and an education. Now, after months of us, dishonor the God who made us, re- brought out a new me to reject fear anxiety and fear about their futures, flected in the Gospel of Matthew that I and continue worthwhile pursuits. these brave young people face deporta- referenced earlier. DACA has been tremendously empow- tion. This decision is unacceptable and So when we are thinking about this ering. Wherever I find myself in the fu- does not reflect who we are as Ameri- subject, we also have to recognize the ture, I hope to mentor, encourage, and cans.’ ’’ diversity in our DREAMer population. ultimately empower others.’’

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I my vocabulary, one word at a time. I In January 2012, Aaima graduated thank Luke. mispronounced words, even in the face from Rutgers University magna cum Her parents brought her to the of ridicule, until I mastered the laude, Mr. Speaker, with a major in United States from the Philippines English language.’’ psychology. She was on the dean’s list when she was 5 years old. Mithi grew New became an excellent student and six times and has a grade point average up in California. She was an excellent dreamed about becoming a doctor. of 3.75 out of 4. She was a research as- student who dreamed of becoming a Throughout high school, New worked sistant at Rutgers Department of Psy- doctor. In high school, Mithi was on 30 hours a week at his family’s Thai chology and an intern with the local the principal’s honor roll and was an restaurant. Here is what he said about cardiology practice. Aaima took the AP scholar. She received the Golden the experience: ‘‘I spent most of my medical college admission test, the State Seal Merit Diploma and is a Gov- time at the restaurant working as a MCAT, and scored in the 90th per- ernor’s Scholar Award recipient. Mithi waiter, cashier, and chef, scrubbing toi- centile—better than 90 percent of those was admitted to the University of Cali- lets, washing dishes, and mopping who took the test. fornia, Los Angeles, one of the Nation’s floors. It taught me to have faith, work Shortly after she graduated, Presi- top universities. Congresswoman hard, and persevere.’’ dent Obama announced the DACA pro- WATERS would attest to that. UCLA is New’s hard work paid off. He grad- gram. Because of DACA, Aaima is now one of the Nation’s top universities. We uated as a salutatorian of his high a medical student at Loyola University all are proud of the UC system. school class with a 4.3 grade point aver- pursuing her dream of becoming a phy- At UCLA, Mithi volunteers as a re- age. New was admitted to the Univer- sician. After she graduates, she will search assistant in lab studies of in- sity of California, Berkeley, one of the work in a medically underserved area fants at high risk of developing autism. top schools in California—in the Na- of Illinois. That was her field. She also volunteers tion. He won a scholarship that would Here is what Aaima said about the as a crisis counselor for UCLA Peer have covered most of his tuition, but DACA impact on her: ‘‘I went from Helpline advising students who are vic- he was unable to accept it because of feeling hopeless and full of uncertainty tims of rape, child abuse, and sub- his immigration status. regarding my future to feeling con- stance abuse. Mithi eventually became Despite the setback, New persevered. fident and optimistic that I will one a trainer for new counselors. In May, 2012, he graduated with honors day get the opportunity to help my Mithi also volunteers as a mentor with a 3.7 grade point average with a community and people in other pov- and tutor for at-risk middle school major in molecular and cellular biol- erty-stricken areas.’’ children in Los Angeles. She graduated ogy. But if the House Republicans have from UCLA with a degree in psy- Just 1 month after he graduated, their way, Aaima won’t be able to at- chology. But her options were limited, President Obama established the DACA tend medical school and become a doc- Mr. Speaker, because of her immigra- program. As a result of DACA, New was tor. Instead, she will be deported back tion status. She was unable to pursue able to pursue his dream of becoming a to Pakistan, a country she hasn’t lived her dream of becoming a doctor. doctor. That fall, New began medical in since she was a toddler. Then, in 2012, President Obama estab- school at the University of California, I wouldn’t attribute it to the Repub- lished the DACA program, and Mithi’s San Francisco, a very difficult school licans. I think that plenty of Repub- world changed. Mithi began working as to get into. During his spare time, he licans are on board to help our a research assistant at the UCLA volunteers at the homeless clinic that DREAMers. That is what I am hopeful School of Medicine, and she applied to is run by the students of the University about, just that we need to be given attend medical school. of California, San Francisco. In his the chance to have a respectful vote on During her spare time, Mithi con- spare time. all sides of the issue which we have bi- tinues to volunteer with the Autism New has cofounded Pre-Health partisan Democrats’ strong support, Research Lab where she started her re- Dreamers, a national network of more but strong Republican support as well. search career 7 years ago. She also than 400 DREAMers who are pursuing Give us a vote, Mr. Speaker. Give us serves as a peer mentor to 10 under- careers in healthcare. New and other a chance. Treat this House with the graduate students at UCLA. DREAMers like him have so much to dignity it deserves so that we can rep- Mithi wrote to Congress these words: contribute to our country. Will Amer- resent the people and the wishes of our ‘‘Please, please listen to our stories. ica be a stronger country if we deport country. This is my home, and the only country New and others like him? Will we be a Will America be stronger if we deport I know. DACA gives us greater oppor- better country if we tear apart Amer- Aaima? Of course not. tunities to give back to the country we ican families? Of course not. We all Today, I want to tell you about our love.’’ agree on that. Al Okere. Al was born in Nigeria. In Listen to that sentence again, Mr. Aaima Sayed was brought to the 1990, Al’s father was killed by the Nige- Speaker. Mithi wrote: ‘‘DACA gives us United States from Pakistan when she rian police after he wrote a newspaper greater opportunities to give back to was only 3 years old. She grew up in column criticizing the Nigerian Gov- the country we love.’’ Chicago like a typical American kid. ernment. The killing of Al’s father was That is what the DREAMers are Aaima says: ‘‘I have no memories but documented in the State Department’s about. Their dream is to give back to those of living in the United States. I annual Human Rights Reports. In 1995, America. They have benefited from our am an American in every way, except Al’s mother fled Nigeria and brought country. They want to give back; and on paper.’’ him to the United States. He was only the courage, optimism, and fortitude Aaima was an outstanding student. 5 years old at the time. that they have is really a blessing. She graduated in the top 10 percent of Al’s mother applied for asylum, but Mithi and other DREAMers like her her high school class where she was her application was denied, and she was have so much to contribute. Will Amer- secretary of the Spanish club—mind deported in 2005, when Al was 15. Now, ica be stronger if we deport Mithi and you, she is from Pakistan. She was sec- mind you, her husband had been assas- others like her? Will we be a better retary of the Spanish club, secretary of sinated for articles that he had written country if we tear apart American fam- the math team, and a member of the criticizing the Nigerian Government, a ilies? Of course not. National Honor Society of High School well-founded fear of persecution or This is going to be a hard name for Scholars. Aaima’s dream was to be- danger in Nigeria, yet her application me to pronounce. It is Jirayut New come a physician. was denied in 2005. Al was 15.

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.044 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H931 Al graduated from Rogers High the level of education I have attained United States from Bangladesh. School near Tacoma, Washington. He thus far. I’m confident that my edu- Minhaz was only 4 years old at the attended Central Washington Univer- cation will serve me well enough to time, and has overcome great obstacles sity where he was an honors student make a difference in people’s lives. to complete his education. In 2009, he with a 3.5 grade point average. He was There is nothing I would like more graduated from the University of Cali- an active volunteer in his community. than to give back to the community fornia, Riverside with a bachelor’s de- Here is what Al said about his goals that has been so good to me.’’ gree in neuroscience. for the future, and I quote Al very Novi grew up in this country. We Here is what he said about his proudly: ‘‘I have been in accelerated have already invested in Novi, and he dreams for the future: academic programs most of my edu- has obtained a first-class education in ‘‘My dream is to make several con- cational life and hope to be a medical Illinois. He has great potential to con- tributions to science, and become a doctor some day to contribute to the tribute to our society. Will America be physician’s assistant as a career, and well-being of my fellow humans. I hope a stronger nation if Novi is deported? eventually a teacher as well. I have to continue to emulate and walk in the Of course not. He has overcome the great aspirations, but I do not dream of great academic shoes of my late father, odds to achieve great success. He would big houses or tons of cars. I want nor- who earned a Ph.D. degree from a uni- make America a strong country. mality, stability, and liberty.’’ versity in Paris, France. My family and Again, Novi’s story comes to us when Today, Minhaz lives in Palo Alto, community support has been enor- he came from India as a child. There is California, with his wife, who is an mous, and it gives me the zeal to work a large number of Asian-Pacific Amer- American citizen. Minhaz spoke about hard in my studies, to be able to lend ican Dreamers. what it would mean for him if the a hand to others in need, and to realize Yaniv Steltzer was brought to the Dream Act were to become law. Here is a bright future!’’ United States by his parents from what he said: ‘‘Imagine the countless numbers of Al grew up in this country. We have Israel when he was just 3 years old, a individuals ready to contribute to our already invested in Al, who has re- DREAMer from Israel. He grew up in society as law-abiding, successful indi- ceived his entire education from kin- this country like any other American viduals who live life with a sense of dergarten to college in the United child. In 2010, he graduated from Rich- strength and morality. Abraham Lin- States. He has great potential to con- ard Stockton College in New Jersey coln once said, ‘I have always found tribute to our society. He does not re- with a bachelor’s degree in hospitality that mercy bears richer fruits than member anything about Nigeria and and tourism management. strict justice,’ and this is more true cannot speak any of Nigeria’s native b 1300 now than ever. I have a great amount languages. of hope, optimism, and belief in this Here is what Al said about the possi- In college, he was the chair of the country and that one day we will see bility of being deported: ‘‘I do not re- Jewish Student Union/Hillel Club and was an active volunteer with several the Dream Act enacted into law.’’ member anything about my mother’s This is his statement, Minhaz Khan, country of Nigeria. I cannot even speak other student groups. Yaniv’s dream is to open a res- from Bangladesh. the language. Every experience I have Another child brought here from taurant. He wrote a letter, which said: had in life that I can remember have India, as was an earlier DREAMer, been in the United States of America. I fell in love with cooking in high school Mandeep Chahal. Mandeep was brought Everyone I know and care about are all when I took a home-economics class, and I to the United States from India 14 knew this is what I wanted to do for the rest here, except for my mother, who was years ago, when she was only 6 years sadly removed and remains in hiding in of my life. I would love to give back to America by opening my own restaurant, cre- old. A beautiful little child. fear of her life.’’ ating jobs, contributing to the economy, and Mandeep has been an academic all- Would America be stronger if Al becoming a citizen in the country I love. star. She was an honors pre-med stu- Okere were deported? Of course not. Al Unfortunately, under our immigra- dent at the University of California, is not an isolated example. There are tion laws, Yaniv cannot become a cit- Davis, where she majored in neurology, literally thousands of others, hundreds izen. His father was born in the United physiology, and behavior. of thousands of others like him around Mandeep is also dedicated to public States. But Yaniv was born in Israel, so the country. I thank Al for being so service. In high school, she helped to he is not an American citizen. Yaniv’s generous in sharing his story. found One Dollar for Life, a national father applied for Yaniv to become a I want to tell you about Novi Roy. poverty relief organization. She was citizen, but because the process took so Novi Roy grew up in the State of Illi- voted the member of her class ‘‘Most long, Yaniv is no longer eligible. nois. Novi was brought to the United likely to Save the World. Imagine, Under our immigration laws, once States from India as a child. He at- most likely to save the world. At her Yaniv turned 21, his father could not tended Evanston Township High college, Mandeep is the co-president of petition for Yaniv to become a citizen. School. This is a story that Senator STAND, an anti-genocide group. So, Yaniv, who has lived his whole DURBIN provided. Mandeep has so much to offer to our He attended Evanston Township High life in this country since he was 3, country. She wrote: ‘‘I . . . consider School where he graduated with a 3.9 since his father is an American citizen, the United States my only home. My grade point average. During high he is an undocumented immigrant. The family, friends, and future are in the school, Novi began volunteering at a only solution for him is the Dream Act. United States, which is where I belong. soup kitchen in Rogers Park in Chi- Here is what Yaniv said about his sit- My dream is to become a pediatrician cago, which he continues to do today. uation: so I can treat the most helpless and in- Novi went to the University of Illi- America is the only country I know. I grew nocent among us. I hope to serve fami- nois at Urbana-Champaign where he up here, all my family and friends are here, lies in low-income communities who graduated with a bachelor’s degree in and everything I know is America. The Dream Act is important to me and also to otherwise are unable to afford medical economics. Novi graduated from the many others like me who are in the same sit- care. I wish to remain in the United University of Illinois with two master’s uation. We have the resources to help this States so that I can continue to make degrees, one in business and one in country greatly, but don’t have that piece of a positive difference and give back to human resources. Novi’s dream is to be paper that allows us to do this. I have high the community that has given me so able to provide affordable healthcare to hope and optimism that Congress will do the much.’’ the less fortunate. right and humane thing, put all political How beautiful. You see the recurring Here is what he said in the letter he issues aside, and pass the Dream Act. theme of the DREAMers: wanting to wrote to DICK DURBIN: ‘‘I love America Yaniv is right. give back to America, appreciative of for all its opportunities, and, like any I ask my colleagues: Would America the opportunities they have received other aspiring student, I want a chance be better off if we deported Yaniv? here—the mentoring, the friendship, to realize the American Dream. I owe The answer is very obvious. the love; wanting to give back. the State of Illinois, its taxpayers, and Eighteen years go, in 1992, Minhaz Dominique Nkata and Tapiwa Nkata. America a huge debt of gratitude for Khan’s parents brought him to the There are two.

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.045 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H932 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Tapiwa’s and Dominique’s parents, Monji wrote: ‘‘For as long as I can re- had the privilege of going to the same John and Joan Nkata, brought their member, I have had an intense passion church at which she faithfully serves. family to the United States from the for technology. In middle school, that She spends hours tutoring kids and vol- African county of Malawi in 1990. At passion led to spending many nights unteering with the junior high Sunday the time, Tapiwa was 4 and Dominique constructing remote-controlled model school class. It is a joy to watch so was only 11 months old. airplanes and Van de Graaff genera- many children run up to her at church The Nkatas came here legally. They tors. In high school, I fell in love with because of the love they receive when had work permits. John, an ordained computers and the internet, spending they are with her.’’ Christian minister, worked as a hospice my senior year creating an online Would it be a good use of taxpayer counselor. Joan, his wife—their moth- newspaper for my school.’’ dollars to deport Herta? er—worked as an accountant. Monji did not know about his immi- Of course not. The Nkatas filed papers to stay here gration status until he was applying Again, there is so much discussion in permanently. For years, their case was for college. He asked his parents what the United States about the need for stuck in immigration court. Finally, in to say about his status on his college more young people to study what is 2009, John and Joan Nkata were grant- applications. That is when Monji known as STEM—science, technology, ed legal permanent residence. But by learned that he was undocumented. engineering, and math. Of course, we that time, Tapiwa and Dominique were In 2008, Monji graduated from the add the arts in there: STEAM. adults and unable to obtain legal sta- University of North Carolina at Chapel Every year, we issue tens of thou- sands of H–1B visas to bring foreign tus through their parents. That hap- Hill, an outstanding school. Very soon, students here to work in the STEM pens at 21. Monji began to be courted by the tech- fields. Herta is a straight-A student in Here is what Dominique said about nology industry. He was even offered a electrical engineering, a STEM field. being deported to Malawi: ‘‘The loom- job as the lead engineer for a startup in She doesn’t need an H–1B visa. She is a ing fear of having everything I know, Silicon Valley. homegrown talent. including part of my family, here in Monji’s prospects would be limited Herta came to Capitol Hill to speak the United States, while I am removed because of his immigration status. at a briefing on the Dream Act. Here is to the other side of the world, is crip- The Dream Act would give Monji a what she said: ‘‘I’m a typical story. pling.’’ chance to pursue his dream and con- There’s thousands of stories out there Tapiwa said: ‘‘I can’t imagine my life tribute his talent to the country he just like mine. Please support the in Africa. I am an American. I know calls home. Dream Act so students like me don’t this culture and speak this language. I Here is what he has to say: ‘‘I’ve have to leave. We are worth it. This is pledge allegiance to this flag.’’ turned down several great jobs from the country we have come to love.’’ It would be wrong to send these reputable companies because of my Herta is right. She and hundreds of women back to Malawi, a country they status. The Dream Act would let me thousands of others are worth it. don’t even remember. Remember, one take my passion for technology to the Eliphaz Omote is 25 years old, and he of them was 11 months old when she next level by allowing me to move to is from KEITH ELLISON’s district in came. Silicon Valley and pursue my dream as Minnesota. In 2007, Tapiwa graduated summa an internet entrepreneur.’’ Eliphaz was born in Kenya and came cum laude from the University of Cin- So, we have someone like Monji, with to Minnesota at age 11. He didn’t know cinnati with a degree in finance. She his talents, his entrepreneurship, his he was undocumented until he grad- then worked at an accounting firm. passion, and his intellect. What a re- uated from high school. She dreams of becoming a certified source to our country. Imagine the maturity of these kids. public accountant. I keep asking the question: Would They are teenagers, they are babies, Tapiwa explained what America America be better off if we deported they are 11 years old, and all the rest, means to her: ‘‘Quite simply, when you Monji back to Bangladesh, a country and carrying this weight. Growing up is say ‘The American Dream’ all around he left when he was 5 years old? hard enough, right, but carrying this the world, they know what you are Of course not. weight? talking about. People who have never Herta Llusho was brought to the He writes: ‘‘I wanted to go to college been to our shores, eaten our food, or United States from Albania when she and pursue education, but I couldn’t. It even spoken our language have heard was 11. She and her mother settled in was a grueling experience, especially of a prosperous nation that, above all Grosse Pointe, Michigan, a suburb of for me being a highly driven and ambi- else, grants freedom and rights to all Detroit. tious person.’’ people.’’ Herta and her mother came to the After DACA, Eliphaz graduated from Dominique graduated from the Uni- United States legally. Shortly before St. Cloud State University with a de- versity of Cincinnati with a degree in arriving in America, Herta’s mother gree in psychology and management. chemistry and pre-medicine. Remem- filed an application to stay in the He is about to start classes for a mas- ber, her sister graduated summa cum United States. ter’s degree in divinity at Andrews laude with a degree in finance. Herta quickly learned English and University in Berrien Springs, Michi- Dominique graduated with a degree in became an academic star. She grad- gan. chemistry and pre-medicine and began uated from Grosse Pointe High School Eliphaz wants to be a chaplain in the working at University Hospital and the with a 4.05 grade point average. In high United States Senate one day, but he Jewish Hospital in the research depart- school, she was a member of the var- can only do that if the Dream Act ment as a clinical studies assistant. sity track team, won an Advanced passes. The Senate. Maybe the House, Dominique planned to apply to med- Placement Scholar Award, and was a if he were given a chance to, might rise ical school. She said: ‘‘I dream of being member of the National Honor Society. to the level. a doctor and of giving back to a coun- Herta then attended the University The Congressional Black Caucus—I try that has given so much to me.’’ of Detroit Mercy, where she was an mentioned earlier that the chairwoman Would America be better off if we de- honor student and studied to be an of the Congressional Hispanic Caucus— ported Tapiwa and Dominique back to electrical engineer. She had a grade has been very much involved in this Malawi? point average of 3.98 and completed two issue and they gave me these statistics. Of course not. The Dream Act gives internships at engineering companies. There are 5,302 DACA recipients from them a chance. She is from Albania, I remind you. Jamaica, 4,077 recipients from Trinidad Let me introduce you to another Herta has been very involved with and Tobago, and 2,095 DACA recipients DREAMer, Monji Dolon. her community, volunteering at home- from Nigeria, just to name a few. There Monji’s parents brought him to the less shelters, tutoring programs, and are more, as I mentioned, from Africa, United States from Bangladesh in 1991. her church. but this just named the Nigerian ones He was 5 years old. As he grew up in his Listen to what one of her friends said here. I thank them for their work and new home, he immersed himself in the about her: ‘‘I am humbled by Herta’s the effort on activities that have gone study of computers and technology. willingness and desire to serve. I have with this.

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.047 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H933 We have another visitor from Alba- Tolu graduated from high school at them are still young. But they came, nia. Things were tough in Albania a the top of her class. She won a full some of them, as I said, 11 months, 6 while back. Our distinguished col- scholarship to a prestigious university months, babies. league, Mr. ELIOT ENGEL, has been Al- in Virginia. In 2002, she graduated with Minchul came when he was 9. He bania’s best friend from Congress, but a degree in chemical engineering. graduated from high school with a 4.2 he can attest that there was cause to Back in 2011, at a press conference GPA. He graduated from UCLA with a leave at an earlier day. announcing the reintroduction of the degree in microbiology, immunology, Ola Kaso was brought to the United Dream Act, here is what Tolu said: and molecular genetics. With the sup- States by her mother from Albania in ‘‘The dreams of my youth have port from the Korean-American com- 1998, when she was 5 years old. Ola stalled, yes, but my country still needs munity, Minchul was able to graduate went to high school in Warren, Michi- me. So I volunteer full-time to ensure from dental school. He passed the na- gan. She was a valedictorian of her a better future for thousands of others. tional boards and license exam and be- class. She took every advanced place- Passing the Dream Act is critically im- came a dentist. ment class offered by her school. portant to me and to so many others. I Here is what he wrote: ‘‘After spend- Are you ready for this? don’t believe that I am entitled to any- ing the majority of my life here, with She had a 4.4 grade point average. thing more than what this great Na- all my friends and family here, I could Ola was on the varsity cross country tion has taught me: that we all have a not simply pack my things and go to a and tennis teams. She was treasurer of right to life, liberty, and the pursuit of country I barely remember. I am will- the student council and treasurer of happiness.’’ ing to accept whatever punishment is the National Honor Society at her Imagine. Tolu is right. Thousands of deemed fitting for that crime; let me school. She tutors children who are immigrant students in the United just stay and pay for it. . . . I am beg- learning English. Ola was also a mem- States were brought to the United ging for a chance to prove to everyone ber of the homecoming court. States as children. It was not their de- that I am not a waste of a human I don’t have her picture here, but she cision to come to this country, but being, that I am not a criminal set on was lovely. they grew up here, and this is their leaching off taxpayers’ money. Please home. b 1315 give me a chance to serve my commu- The fundamental premise of the nity as a dentist, to be a giver rather Ola was then accepted into the hon- Dream Act is that we should not pun- than a receiver.’’ ors program at the University of Michi- ish children for their parents’ actions. Thank you, Minchul. gan, where she would study premed. This is not the American way. Instead, Senator DURBIN has sent over some Here is what she said about her the Dream Act says to these students: stories, and I am going to read some of dreams for the future: America will always give you a chance. them. ‘‘I aspire to ultimately become a sur- And I—me—say to their parents: Jean-Yannick Diouf: When Yannick gical oncologist, but more importantly, Thank you for bringing these DREAM- was 8, his father, a diplomat from the I intend to work for patients that can- ers to America. We are in your debt for African country of Senegal, brought not afford the astronomical fees ac- the courage it took for you to take the his family to the United States. Unfor- companying lifesaving surgeries, pa- risk physically, politically, and in tunately, Yannick’s parents separated tients that are denied the medical every way to do so. and Yannick’s father returned to Sen- treatment they deserve. My goal is not David Cho was brought to the United egal, leaving Yannick and the rest of to increase my bank account; my goal States from South Korea when he was the family behind. Yannick did not re- is to decrease preventible deaths. I 9. Since then, David has been a model alize it at the time, but when his father wish to remain in this country to make American. He had a 3.9 GPA in high left the United States, Yannick lost his a difference.’’ school. He attended UCLA, where he legal status to live in this country. How beautiful. Thank you, Ola, for obtained a bachelor of arts in inter- Yannick grew up in Montgomery sharing your story. national finance, with a 3.6 GPA. County, Maryland, nearby. In high This takes a great deal of courage for As you can see, David is also the school, Yannick was a member of the these young people to share their sto- leader of the UCLA marching band. National Honor Society. He also volun- ries and the intimacy of the personal There is a picture of him, but the teered weekly at a homeless shelter challenges they face, so we thank them RECORD will not reflect that, the leader and organized soccer tournaments for 3 for their generosity of spirit as well as of the UCLA marching band. years to raise money for the Red Cross their courage. David then obtained a master’s de- for earthquake relief in Haiti. Steve Li’s parents brought him to gree in public policy, with a GPA of 3.9, Mind you, he is from Senegal, and he the United States when he was 11. He and was the UCLA commencement is raising money for earthquake relief studied at City College of San Fran- speaker. in Haiti. God bless him. cisco, where he majored in nursing and He worked as a business technology After high school, he continued his was a leader in student government. analyst at Deloitte Consulting, where education. He earned an associate de- Here is what Steve said: ‘‘My dream he earned the highest possible perform- gree in business from Montgomery Col- is to become a registered nurse at San ance rating, representing performance lege, where he was on the dean’s list. Francisco General and to be a public in the top 5 percent of all analysts. He then transferred to University of health advocate. I want to be able to Today, David works in business and Maryland, College Park, where he is give back to my community by raising technology, consulting as a sales force working on a bachelor’s degree in busi- awareness about preventive care and scrum master and project manager. ness management. Yannick runs the other healthcare issues. I’m well on my Thank you, David, for your contribu- Achievers Mentoring Program, an way to achieving my dream. By passing tion to our country. after-school program that advises mid- the Dream Act, I will be able to Minchul Suk: Minchul was brought dle school and high school students on achieve these goals and contribute to to the United States from South Korea how to get into college and be success- the growing healthcare industry.’’ by his parents in 1991 when he was 9. ful—very valuable, mentoring. He is Could we use more nurses in this I just want to make this point, Mr. also a volunteer for United We Dream, country? We sure could. In fact, the Speaker. When I mentioned about Sen- the largest organization of undocu- United States imports thousands of ator DURBIN, he introduced the Dream mented students in the country. foreign nurses every year because we Act in 2001, it is 17 years later, so some May I pause for a moment to com- have such a large nursing shortage. of these children have grown up. But mend United We Dream. They have So why would we consider sending some of them whom we are addressing been so spectacular, so dignified, so Steve Li back? came to the United States in the nine- prestigious in how they have protected Tolu Olumni: Tolu was brought to ties, and so 17 years later we still the DREAMers’ case and enabled the United States from Nigeria when haven’t been able to take care of the DREAMers to present their own case. she was a child. As a child, Tolu children? They were very little chil- Yannick was a leader in the cam- dreamed of becoming an engineer. dren when they came, and some of paign to pass the Maryland Dream Act,

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.049 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H934 CONGRESSIONAL RECORD — HOUSE February 7, 2018 which allows Maryland residents who graduate studies and is working full- So I think there is just a misunder- are undocumented to pay instate tui- time waiting for his chance to serve standing here about what President tion. Keep in mind, Yannick is undocu- the country he loves. Trump did in September. It was very mented, so he does not qualify for any Harminder wrote: ‘‘All I want to do is harsh. As the National Catholic Con- official aid from the Federal Govern- serve. I want to do my part to give ference of Bishops said, it was rep- ment. Here is what he wrote: back to this country because it allowed rehensible. ‘‘DACA means dignity. More than me to serve.’’ I don’t think that the administration making money, having a job gives us Without DACA, Harminder and hun- understood the impact it had on peo- dignity and self-respect. I want to work dreds of other immigrants with skills ple’s lives. I think they thought they for what I have. I don’t look to anyone that are vital to the national interest were giving a 6-month reprieve, but for pity. People should judge me based would be kicked out of the Army. They what they were doing was giving 6 on what I do and what I stand for, not want nothing more than to serve, and months of uncertainty and removal of based on status. I want to be given a they are willing to die for the country protections for these people. chance to prove that not only am I a they call home. And you have heard some of the functioning member of society, I am Thank you, Harminder. statements that have been made in the here to serve and share my talents Representative ESTY of Connecticut last day or so about mischaracterizing with those in my community.’’ sent us this story about Daisy Rivera. why some people have lost protections. Yannick was one of six DREAMers Her story is in Daisy’s own words: I will reiterate that this all came fast. who met President Obama in the Oval ‘‘I came to the United States when I Many of the people who needed to sign Office. Here is what President Obama was 2 months old.’’ up right away found it difficult to ac- said after that meeting: ‘‘I don’t think How precious. cess the $495 immediately. Most people there’s anybody in America who’s had ‘‘The day I entered high school, my in our country could not have access to a chance to talk to these six young parents broke the sad news to me that $495 in the spur of the moment, espe- people . . . who wouldn’t find it in I was undocumented. Yes, I did grow up cially young people. So, anyway, we their heart to say these kids are Amer- not knowing my true status, and at have always treated this with respect. icans just like us, and they belong that very moment I felt I didn’t know I would like to talk now about Julia here, and we want to do right by who exactly I was anymore. It made it Verzbickis: them.’’ very difficult to try and understand ‘‘When I was 9, my family and I President Obama is right. Yannick when all my siblings were born here in moved to the United States to find and other DREAMers have so much to the U.S. and were given opportunities some stability that wasn’t present in contribute to our country. that I wasn’t able to have. When I our home country. We always had The question again: Would America graduated high school in 2012, I found plans to make the move permanent, be a stronger country if we deport out that President Obama took action and the seemingly endless paperwork Yannick and others like him? Of course to grant undocumented people like me process began nearly immediately. not. the DACA. However, we didn’t know what we were Another DREAMer from India, this is ‘‘Ever since then, I have been able to in for. The lawyer we had turned out to Harminder Saini. When Harminder was feel free, support my daughter, my par- be fraudulent, and, as a result, my par- 6 years old, his family moved to the ents, and younger siblings still work- ents, my sisters, and I lost our status United States from India. He grew up ing on their dreams. I now have a beau- in the country. It was the summer be- in Queens in New York City. He was a tiful job with a Head Start program for fore my first year of high school. typical American kid, playing sports youth development and healthy living. ‘‘The future remained unclear, but I and going to the park every day. This is a job that not only I enjoy, but made some choices. I chose to keep my Harminder’s dream was to serve his my 3-year-old daughter attends as well. grades up in school. I chose to give my- country as a soldier in the United DACA has been more than a blessing self the opportunity at a future. I States Army. In his words, he simply and a relief for me and my friends and worked hard. I graduated 28th in a wanted to give back. family. class of 620. I had a 3.6’’ GPA. ‘‘I got Harminder was a born leader, and in ‘‘But now that it has been put in into Rutgers early admission. high school he was active in student jeopardy, I can’t even go to sleep at ‘‘The week after my 21st birthday, I government and ultimately was elected night. I look at my daughter thinking: got notice that my DACA application class president. What can I do so I don’t end up like had been approved. Within 12 hours, I He first learned that he did not have other families that have been separated had applied for a Social Security card, legal immigration status when he was and destroyed? What can I do to sup- and, within a week, I’d filled out doz- in high school and was unable to apply port my child? How do I explain to my ens of job applications. I got a license for a driver’s license, Mr. Speaker. friends and family that my future has for the first time ever. Harminder is now a student at Hunter been taken away, that I am not like ‘‘In November 2014, I got into Teach College at the City University of New them? For America. I was placed in San Anto- York, working toward his bachelor’s ‘‘This might be another challenge for nio, 1,800 miles away from New Jer- degree in history. And thanks to me as an undocumented, but I know sey.’’ DACA, he is on his way to fulfilling his that this is just the start of my new be- dream. Last year, he enlisted in the ginning that will label me a warrior be- b 1330 Army through the Military Accessions cause I will not sit here and have my ‘‘I graduated college the following Vital to the National Interest program, future taken. I will not stand by the May, cum laude, with a double major known as MAVNI. corners of the streets to ask for any- in English and journalism. The MAVNI program allows immi- thing. I will fight and raise my voice ‘‘In August 2015, I started teaching. I grants with critical skills vital to the alone or with the other 800,000 DREAM- also met the man that would become national interest to enlist in the ers, and we will obtain what we de- the love of my life. I had a new life in Armed Forces. More than 800 DACA re- serve, and we won’t give up.’’ a new State, and I was all by myself for cipients with these critical skills have That story comes from Representa- the first time ever, and I couldn’t be joined the military through MAVNI. tive ESTY. I think it is important to more excited. Some Trump administration officials note here that some of these people ‘‘I’ve been teaching middle school have claimed that DACA recipients are are, again, working; they are giving since then, and I love it. My kids are taking jobs away from Americans, but back to the community. DACA made a amazing. They drive me nuts on any Harminder and hundreds of other big difference in their existence. For given day, but I love them. DREAMers have skills that our mili- some of them, they found out that they ‘‘DACA gave me my independence tary couldn’t find anywhere else. were undocumented at a critical point back. It’s the single reason I am able to Harminder, along with many other in their own development, and it foist- teach, and live on my own, and pay for DREAMers, is now waiting to ship to ed uncertainty upon them, which my car, and feel like I belong in the basic training. He continues his under- DACA relieved. country I have lived in for 15 years.

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.051 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H935 ‘‘Knowing that I could lose all the uncertainty that led to my interest in My parents had done everything they freedom I’ve gained is a paralyzing American politics. I wanted to under- could. They paid the expensive lawyer fear. I’ve worked so hard, and my life stand why I was not eligible to apply fees, opened a small business, and had was just coming together, and now it for certain schools, scholarships, and secured and renewed work visas might fall apart again. I hope that financial aid despite being a top stu- throughout our time here. There was doesn’t happen, but if I’ve learned any- dent at my high school. no explanation as to why U.S. Citizen- thing these last 15 years, it’s to hope ‘‘There seemed to be something fun- ship and Immigration Services would for the best and prepare for the worst.’’ damentally unfair about a system that deny legal immigrants with a business, That is Julia’s story. excluded students like me. However a home, savings accounts, and a decade This is from Zuleyma Garcia. frustrating my situation was, I was for- in the country, a chance at becoming ‘‘Hi, my story started 22 years ago tunate to live in New York, where resi- permanent residents. when I was only 3 years old. My par- dency laws made the possibility of at- ‘‘With the threat of being deported ents, both from Mexico, had crossed tending college a reality. looming over my head, I did everything over, summer of 1994, through the hot ‘‘At Baruch College, I studied polit- I could to help reelect President and unforgiving desert. I have always ical science. I attended school full time Obama. I joined OFA in Gainesville, admired my parents’ drive and courage and, by sophomore year, had the oppor- Florida, and spent countless nights to go after a better life. I couldn’t tunity to intern at Senator KIRSTEN with volunteers and staffers.’’ imagine leaving my country, U.S., for GILLIBRAND’s office at the Veterans’ ‘‘So although I am scared of what one I know nothing about. Which is Affairs casework department. I knew comes next, if we lose DACA, if we’re why I’m so thankful for DACA. then that I wanted to pursue public no longer able to continue working in ‘‘My mom always showed me any- service, but was well aware of the legal the U.S., I am empowered by an impor- thing is possible by working hard for hurdles ahead of me due to my undocu- tant lesson President Obama taught us: it. I never really noticed or felt like I mented status. We are the ones we’ve been waiting for. wasn’t American. ‘‘I was unsure what life after gradua- We are the change that we seek. In this So my freshman year, after passing tion would be like without authoriza- time of uncertainty, we must carry my driver’s ed, I was very quickly dis- tion to work. Thankfully, the DACA that lesson and fight so that all people, illusioned by my mother, who ex- program was announced a few semes- including DREAMers, can continue plained we were here illegally and ters before my graduation. Although it working towards the American could not get a driver’s permit. I broke was still difficult to find the right job, Dream.’’ down crying because I felt like my my persistence eventually led me to I know that Representative JAYAPAL world crumbled. So many thoughts the New York Legal Assistance Group. is on the floor, and I wish that she went through my mind, mainly fear at I now work as a paralegal in the Vet- could deliver it herself, but the rules do the moment, but I eventually gripped erans Assistance Project at NYLAG. I not allow. have the opportunity to work with a myself together. With the passing PARLIAMENTARY INQUIRY years, frustration added to the list of team that is committed to helping the Ms. PELOSI. Mr. Speaker, par- emotions, when I couldn’t attend class low-income veteran population in NYC liamentary inquiry. trips to other States, apply for scholar- get access to the benefits they earned The SPEAKER pro tempore (Mr. ships, or even just special programs at through their service.’’ SIMPSON). The gentlewoman will state A DACA—a DREAMer—helping our colleges, while I was still in high her parliamentary inquiry. veterans. school, because of the lack of a Social Ms. PELOSI. Are we going to be able ‘‘I had hoped to attend law school to to have Special Orders for our col- Security number and an ID. further advance my career in public in- ‘‘Once I graduated and it was time to leagues at the end of the session? terest law, but given the current uncer- The SPEAKER pro tempore. The gen- face the real world, things hit the fan. tainty of what will happen with DACA, I felt like the doors closed in on me. I tlewoman may consult with leadership it’s become increasingly difficult to on matters of scheduling. had nice internships lined up. I had plan for the future. While DACA is not managed to get into a special program Ms. PELOSI. Okay. I didn’t know if a the solution to the current state of im- decision had been made about that yet. at my college, which I wasn’t able to migration affairs, it has given me and do because of my status. A year into Then I will continue to read. over 700,000 other DREAMers the path Amy Kele. This is from Representa- working a minimum wage job and at- to achieving the American Dream.’’ tive JAYAPAL, a leader on the immigra- tending college for a preschool teacher, We thank Isabelle for sharing her tion issues, as you probably all know, I now felt like I had been torn apart, story. an immigrant herself to our country, felt like no matter how hard I worked, This is from Bruna. and now a Member of Congress. I am so I would never accomplish my goals be- ‘‘There are a few minutes left of proud of her. cause of this barrier. So I dropped out President Obama’s Presidency and a Amy Kele and her family moved from Fiji of college and just focused on working, feeling of dread fills me. Not only be- to settle in Everett, Washington, staying on got a second job, and moved out of my cause I’m saying goodbye to a Presi- their father’s student visa. Things change mom’s home. Soon after, I met my hus- dent that has meant so much to me when Amy’s parents left the U.S. to attend a band of 5 years now, which is an Amer- and thousands of DREAMers, but be- wedding in Fiji. ican citizen; we have a 5-year-old child. cause within a few minutes the new ‘‘They were only planning to stay for 2 ‘‘DACA allowed me to feel like a President may choose to remove weeks, but then my mom’s visa got denied,’’ human again and to live without fear. DACA—taking away a sense of security said Amy, the oldest of four children. Amy is I’m not a bad person. I have a clean now 19, but the last time she saw her parents we’ve had these past years. was when she was just 11 years old. criminal record and am a good member ‘‘In 2012, President Obama presented How sad. of society, and, like me, there’s so DACA, giving me and my sister an- many. This is why I call for an exten- other chance at life. Before then, we When Amy’s parents left for Fiji, Amy’s grandmother came from California to baby- sion of the Deferred Action for Child- did truly feel like we were going to lose sit. When they weren’t able to reenter the hood Arrivals.’’ everything: friends and family we made country, she picked up her life and moved to Again, the uncertainty, the anxiety, in this country, the home we built, and Everett to care for her grandchildren. ‘‘She’s that is injected into people’s lives. I the future we envisioned. the heart of this whole family. She’s kept us thank them for sharing these deep con- ‘‘Born in Brazil, but raised in Tampa, together this whole time. I don’t know where cerns. Florida, my parents always pushed us we’d be right now, maybe back in Fiji or in We are now hearing from Isabelle to excel in school, in leadership posi- a foster home. I’m really thankful for her in Muhlbauer. tions, and in sports. We planned to go our lives,’’ said Kele. ‘‘By junior year of high school, I Though Amy’s grandmother has been liv- to college, travel the world, volunteer, ing in the U.S. for almost 20 years, she is spoke English fluently and attended all and to make a difference in a country also undocumented. ‘‘Because she’s also un- honors classes, but, unlike most 15 that had generously welcomed us. documented, she can’t get benefits like So- year olds, my future was uncertain due ‘‘After a third failed attempt at se- cial Security and things like that. It kind of to my immigration status. It was this curing a green card, we had given up. breaks my heart whenever I think about it.’’

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.053 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H936 CONGRESSIONAL RECORD — HOUSE February 7, 2018 With the exception of Amy’s younger sis- A beautiful story from Lisia, and, ‘‘Since that day, I have taken every ter, who was born in the United States, the again, there is nothing lazy about this opportunity to grow, learn, and con- Kele children have all enrolled in DACA. family, or any of these families, as to tribute back to my community. In 2013, Amy is now a nursing student and healthcare worker for the elderly. As the how they want to achieve legal status DACA allowed me to re-enroll in Flor- oldest sibling, she takes pride in being able in our country. The only violation in ida State University and pursue a mas- to help her grandmother support their fam- hundreds of thousands of these cases is ter’s degree in public administration. ily. She provides for her three siblings, is an a status, either a lapse, in this case, or By 2014, I was in the middle of working active member of her church, and is looked a violation, but nothing in terms of a job in Tallahassee, Florida, studying to as a leader at the University of Wash- breaking the law in any other way. for my master’s classes, and advo- ington. Amy is shy, full of heart, and cares cating at the Florida Legislature for a deeply about her family and community. b 1345 bill that would allow undocumented Without the support of DACA, Amy fears From California, Congressman JIMMY never being able to complete her nursing de- students to obtain instate tuition at PANETTA, a member of our freshman gree. Without a work permit, the livelihood State colleges and universities. In a class, tells us the story of Adriana of their family is at stake. The risk of depor- rare display of bipartisanship, the bill from Salinas. I thank JIMMY for the tation means she could be separated from passed and was signed into law by Flor- work he tried to do with the group that her family, possibly leaving her youngest sis- ida Republican Governor Rick Scott. he works with in a bipartisan way to ter in foster care. ‘‘I graduated with my master’s in advance the cause of the DREAMers. What? This is a very sad and chal- 2015 full of hope and energy that I lenging situation. So many families af- Adriana tells this story: ‘‘At the age of 7, I migrated to the place that I now would be able to put my education to fected that just being able to vote on good use. With degrees in hand, I was the floor could correct. It is about the call home. I came with the dream of pursuing an education and becoming able to obtain a job as a digital immi- children. gration advocate, putting my years of Mr. Speaker, I thank Congresswoman someone important, someone who would give back to the community. I experience and passion to good use. Si- JAYAPAL for sharing that story with us. multaneously, and thanks to the new Whip HOYER wanted to tell this story am working to achieve my dream. To instate tuition law in Florida, I was on the floor himself, and other stories my community, I am a student, I am a able to help both of my younger broth- as well, but the rules at the moment do peer, I am a leader. To the Trump ad- ers enroll at Miami Dade College and not allow him. We are uncertain as to ministration, I am a criminal. I stood Florida International University. They whether there will be an opportunity in the shadows for a very long time, are currently pursuing degrees to work for Special Orders where Members can and education was always my outlet. I in business and communications, re- speak afterward. grew to be the person I am today be- Lisia Vala, Indian American, her per- cause of my mother, a cook, who told spectively.’’ I just want to say that I have spoken sonal story. me that education was the most impor- at the graduation at Miami Dade Col- Mr. Speaker, I thank Whip HOYER for tant thing I could earn. lege and spoken also at Florida Inter- his leadership. Whip HOYER has been so ‘‘People tell me to go back to my much a champion on this issue, fight- country, but people do not realize that national University, two magnificent ing so hard in every possible venue, this is my country. I work, I pay taxes, schools. And what is beautiful about under any auspices, there every step of I go to school, I stand for the national them is to see the beautiful diversity the way. He submits this story. anthem, and I know the Pledge of Alle- in the large number of students that they teach, and the many cases of first My family moved from Canada to San An- giance. This country has seen me grow, tonio in 1996 when I was 6. and this country has contributed to my children to attend college, but with all the optimism, dignity, and hope that Mr. Speaker, this is a DREAMer from dreams. I aspire to attend law school. you could ever imagine. They are two Canada. DACA has helped me achieve my dreams. I was able to get a Social Secu- great institutions. We had a visa, and my parents worked to I actually spoke at the commence- change our immigration status for as long as rity card. I was allowed to apply for a I can remember. We spent decades playing by driver’s license. DACA allowed me to ment address one year, the year before the rules. But one time our immigration at- be like any other person my age. President Bush spoke there. I have said torney filed our paperwork late, and another ‘‘People have asked me what would I earlier, President Bush was a wonder- time our sponsor sold his business, forcing us do without DACA. To be honest, I have ful President dedicated to recognizing to restart the entire application process. faith in my elected officials. I do not how important immigration was to our For more than 20 years, we attempted to want everything handed to me, nor do country and how we should value our navigate the broken immigration system, an immigrants and treat them with re- emotionally exhausting and financially I believe that I deserve everything. draining process. Suffice it to say that I am What I do ask for is the ability to be spect when we have the debate on these not undocumented for lack of trying. like any other 25-year-old in this coun- issues. Growing up in Texas, I always felt like an try. I don’t want the termination of Juan goes on to say: ‘‘There are a lot American because, in every possible way, I DACA to be the termination of my of misconceptions regarding the DACA was. I went to elementary, middle, and high dreams.’’ program, but perhaps the biggest one is school in San Antonio, enrolling in Girl Thank you, Adriana. Thank you, that beneficiaries of the program are Scouts, and spending my summers playing JIMMY PANETTA, for submitting that asking for a free pass. DACA does not league basketball. I volunteered at the local story. grant citizenship. Rather, it allows in- food bank, took far too many AP classes, and Juan Escalante tells us that he was worked behind the cash register at the dividuals like myself, who have bene- neighborhood grocery store. working at an unpaid internship in 2012 fitted from State-funded investments In 2008, I left for college. Four years later, when he caught word of the Deferred like public education, to move forward I graduated, and, thanks to DACA, I was sud- Action for Childhood Arrivals, DACA, with their lives and continue to con- denly eligible for relief from immigration announcement via Twitter. He said: ‘‘I tribute to their communities. That worries. DACA has helped me become the ran to the office lobby, turned on the means DACA beneficiaries could con- person I am today. Because of my work per- TV, and immediately knew right away tinue to pursue higher education, mit, I have been able to buy a home, a car, that life would not be the same. I and pay off my student loans. starting businesses, or putting their I launched a small business helping U.S. called my mother in tears and pro- skills to use without the constant fear citizens with their resume so they can get ceeded to tell her that my brothers and of deportation if the program is kept in jobs. I have a meaningful job and pay State I would be able to benefit from a pro- place.’’ and Federal taxes, I pay rent to live in my gram that would temporarily shield us Of course, we hope the Dream Act apartment in Washington, I eat at res- from deportation, while allowing us to will have a more beneficial impact taurants, shop at local stores, and pay for work and drive legally. I understood than just the DACA announcement, but public transportation. DACA was a temporary program that All the dollars that I have spent, and the that is what we are asking the Speaker dollars that 800,000 people like me spent, are would not cover parents, but it re- for a vote for. reinvested back in the community and help newed my commitment to fight for re- We thank Juan for sharing his impor- improve the lives of our American citizen lief for the rest of the immigrant com- tant story and reinforcing the constant neighbors and friends. munity. message that people are working hard

VerDate Sep 11 2014 00:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.054 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H937 and they want to give back to the com- So here are the statistics that they ‘‘I am currently a student down the munity; the immigrant commitment have given us: street at George Washington Univer- and recognition that education is the Twenty percent of DACA recipients sity. I grew up in Georgia. I speak source of making the future better for are Asian-Pacific Islanders. English more fluently than I do Span- their families and for our country. Did Members know that? ish. America is home. I am an Amer- Denis Montero Diaz tells his story: ‘‘I More than 130,000 Asian-Pacific Is- ican. I am currently studying political didn’t cry. I knew it was for the best. I lander DREAMers. And 7,000 DREAM- science, and aspire to work for the said good-bye to many: the people I ers are from South Korea. Nearly 5,000 United Nations as an advocate for love. I felt uncertainty, yet I didn’t DREAMers are from the Philippines. human rights. I earned over $30,000 in cry. More than 3,000 DREAMers are from private scholarship money to attend ‘‘You see, I knew of the American India. Nearly 2,000 DREAMers are from college.’’ Dream. Every evening I’d watch Amer- Pakistan. And thousands more are She worked and did that. ican films filled with white picket from the rest of the Asian-Pacific area. Daniela says: ‘‘Nothing was handed fences and big city aspirations. I In addition to DACA, though, there to me. I did not qualify for instate tui- dreamed of setting foot in the land of are many people from the Asian-Pa- tion or any type of Federal financial opportunity. cific area who would be benefited if we aid. ‘‘After a disastrous journey, we ar- did comprehensive immigration re- ‘‘They call us DREAMers, but we are rived home. Every morning I pledged form. Today we are just speaking about actually working every day to make allegiance to the flag. I meant it. I ex- the DREAMers. our dreams into a reality. It’s cruel to celled in school. That is why our par- So I thank Congresswoman JUDY CHU deny me and the 800,000-plus DREAM- ents worked so hard, why we risked so for her persistent, relentless leadership ers a clean Dream Act. The impact of much; opportunities that come through on this subject as the chair of CAPAC— losing DACA would be devastating not education and hard work.’’ the Congressional Asian Pacific Amer- just emotionally and personally, but Again, that immigrant ethic of hard ican Caucus—and also her insistence in also detrimental to the economy. work ethic and education ethic. presenting the value of family unifica- DREAMers are going to school, open- Denis says: ‘‘Later, I learned what tion as a value, as a source of strength ing up businesses, working, paying my undocumented status truly meant. to America. This is an important de- taxes.’’ I felt uncertainty, shame, no future. bate that will be part of whatever I would add, serving in our military. Rattled by depression, I contemplated comes next in legislation. But I thank Daniela says: ‘‘A study by the Center giving up. her for her leadership in that regard. for American Progress estimated that ‘‘Luckily, I had educators that told An icon in the Congress, JOHN LEWIS the loss of all DACA workers would re- me I was wasting a mind. So I’ve con- from Georgia, has submitted this testi- duce U.S. gross domestic product by tinued to pursue my education and mony. JOHN has spoken so beautifully $433 billion over the next 10 years. Yes, help run our family business. on this subject. I think if anyone lis- $433 billion.’’ ‘‘Through DACA, me and 800,000 oth- tened to him, if the DREAMers heard Mr. Speaker, that is over the next 10 ers live freely. We can contribute. him, they would feel so comforted, in- years. Daniela says: ‘‘Removing the That’s our American Dream. That is spired, and optimistic. If others heard DREAMers is not only unethical and why my mother works so hard, hands him, if their hearts are open, they unjust, it’s also simply un-American aching, yet a kind smile on her face. would have to say we must get a result, because of the damage it would do to That’s why I study economics, to one we must do the right thing. JOHN al- the economy. day enthrall my mind to the better- ways inspires us in that way. What an ‘‘You gave an oath to protect the in- ment of this Nation.’’ honor it is for all of us to serve with terests of the American people. I am an Giving back. him, to call him our colleague. American. This is not a partisan issue. Denis says: ‘‘I watched Trump make JOHN submitted this story from a Please choose to be on the right side of his way to the podium. I felt uncer- Georgian. This is a Georgian’s state- history.’’ tainty. My own need for an answer was ment: ‘‘Last week, on January 30, 2018, I thank JOHN LEWIS for submitting channeled through the screen into the President Trump, in his State of the this beautiful statement. I also thank mind of a reporter who asked about Union, said, ‘Americans are DREAM- this Georgian for her testimony. I just DACA. No answer. Silence. ers, too.’ He didn’t mention the second want to say to Daniela that not only ‘‘The 45th President took office. Can- part: DREAMers are American, too. would we be—you ask us to be on the nons fired, people applauded, rain fell. ‘‘My name is Daniela, and I was there right side of history. I would say that, But I do not believe in omens. If the at the State of the Union last week in this Congress and in this country, life of 800,000 ‘DACAmented’ Americans when I heard President Trump say we not only want to be on the right is altered, it will not be by virtue of these words.’’ side of history, we want to be on the the rain. It will be by the lightning Daniela is a Georgian, as JOHN LEWIS right side of the future. And to be on strike of one man’s hand. has indicated. the right side of the future, we have to ‘‘We ask only to let us contribute Daniela goes on to say: ‘‘I was recognize who we are as a country, freely. Let us walk along you, shoulder brought over at age 4 because my what our values are. to shoulder, on that same road our mother realized that, if we stayed, we Imagine Founders who would say it hands helped to pave. Human decency wouldn’t survive.’’ is our national purpose and what we and morality demand it. The American She is from Acapulco, Mexico. owe people is life, liberty, and the pur- people, our people, demand it.’’ Daniela says: ‘‘And at the time, there suit of happiness. The pursuit of happi- So we thank Denis for sharing his were very limited ways to get into the ness is one of the goals of our Nation, story. You hear, Mr. Speaker, reiter- U.S. legally. It required a lot of money one of the standards of what we stand ated time and again, the work ethic, and time, something we didn’t have. for, to use the word again. family values, education, giving back ‘‘Put yourself in her shoes. What This is not just about protecting the to America, no free ride. would you have done for you and your economy. It is about protecting our I have mentioned the Congressional child? country, who we are as a country. So I Black Caucus and their leadership on ‘‘Wait years in a country that wasn’t thank JOHN LEWIS, and I thank Daniela this issue; the Hispanic Caucus and safe, for the hope that someday maybe for her impressive, impressive presen- their leadership. I am very, very proud you could come to America. A someday tation. of CAPAC. I represent a district that, that never came for some because as they say in San Francisco, the beau- death came knocking first.’’ b 1400 ty is in the mix; and one-third of my Death by violence. Brisa E. Ramirez’s statement says: ‘‘I district is Asian-Pacific American, so I Daniela says: ‘‘My mother did what was born in . . . Mexico. I am 26 years take a great pride in being part of the any good parent would do in that situa- old, and I have lived in the United CAPAC, the Congressional Asian Pa- tion. She decided to risk her life so States as an undocumented immigrant cific American Caucus. that her child could have a future. for 25 years.’’

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.056 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H938 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Do the math, Mr. Speaker. That in. I learned English quickly and The cost of visiting a clinic is tremen- means Brias came at 1 year old. dropped my Spanish accent. I tried to dously overwhelming due to the fact ‘‘Throughout my childhood, I did not excel in my studies, even though this that we did not have the documents re- fully understand the repercussions that prompted comments that I was ‘acting quired for a medical insurance plan. came from hearing the status of ‘ille- White.’ I made friends, consumed pop- My parents, like many others through- gal’ in this country, but I did know my ular culture, played video games. I as- out the U.S., risk so much by pursuing mother and I had to be ‘careful.’ As an similated well because of that immense the American Dream every day. adult, I am now experiencing firsthand pressure known only to those who ‘‘On August 12, President Obama in- the restrictions, prejudice, and fear il- leave their homes for the land of oppor- troduced the Deferred Action for Child- legal immigrants must confront. Since tunity. I looked at other immigrant hood Arrivals Program. My sister and I childhood, I have always wanted to kids with their broken English and applied and we received our work per- make a tangible difference in the hand-me-down clothes and the way mits. My soul was euphoric with the world.’’ they were being teased. I wanted, and joy of being legal in this country, but Listen to that sentence. ‘‘Since child- often failed, to distance myself from then I discovered this valuable permit hood, I have always wanted to make a the perception that I did not belong. would only help me work legally but tangible difference in the world.’’ ‘‘The older I got, the more I realized would not grant me permanent resi- ‘‘Growing up in adversity inspired me that my situation wasn’t going to get dence. to obtain a college degree; I wanted to any better,’’ Giovanni writes on. ‘‘I qualified for scholarships like the become someone who could right the ‘‘ ‘Close’ friends criticized and spewed Gates Millennium Scholarship, but I wrongs experienced by those living in toxic mistruths about immigrants and would not even be considered because poverty. how they were ruining this country. I of my status. I looked high and low for ‘‘In 2012, when I first heard about lived under the constant fear that my any scholarship that would accept un- DACA, I was skeptical. The idea of self- home would be raided or that my par- documented students and made sure to disclosing my immigration status, es- ents would get arrested and sent to a apply because they were few and far be- pecially to the government, was terri- detention center. I became better and tween. Regardless of not being a per- fying. I waited 2 years to see what better at coming up with excuses for manent resident or citizen, I still made would become of those who bravely why I had no license, no car, no job, my dream of attending the University stepped out in order to receive their 2 of Texas’’—Austin, Texas—‘‘majoring years of deferment from deportation. why I couldn’t travel or take advan- tage of scholarships, why I turned down in neuroscience a reality. Eventually, I had to do the same. I un- ‘‘I consider myself blessed and hope derstood that I could continue to be internship opportunities and research that others can learn from my strug- ‘safe’ in the shadows but live as a positions with my professors. ‘‘At the risk of sounding cliche, gles. I am involved in UT University criminal or expose myself and live as a DACA opened doors for me. It goes well Leadership Initiative, an organization law-abiding individual. Even though I that advocates for immigrant rights feel like I have an expiration date, I beyond just being able to work and get and helps the community fight injus- am much happier thanks to DACA. a license and fly domestically. You see, ‘‘DACA has given me the ability to what all of us want is simple. We just tices. Despite DACA only allowing drive without fear, work legally with- want the opportunity to emerge from temporary relief to me, I appreciate it out fear, and earn jobs where I am not the shadows, to work and support our because it removed the burden of my exploited. DACA has given me the abil- families, to contribute back to our status from me and allowed me to work ity to use my college degree, which I communities, to love our partners/ and contribute to society. If DACA earned through private donations in spouses without the fear of being de- were removed, we would have to return the form of a full-tuition scholarship ported at a moment’s notice. We have to the shadows and live life in constant through years of hard work, persever- that now. But for how long?’’ fear.’’ ance, and many, many tears. DACA has We thank Giovanni for his message, We cannot let that happen. given me the ability to earn a position but again, fear, tears. As I said, the Another student from Georgia, this as an AmeriCorps VISTA and serve in Statue of Liberty must have tears in time McDonough, Georgia, Anayancy the fight against poverty in Boston. her eyes when she hears some of the Ramos, writes: ‘‘I learned to live as an . . . It’s amazing how nine digits and a comments that are made about immi- American before the memories of my flimsy piece of discolored paper can grants, fear in the hearts of some of homeland solidified into a permanent change your life. these people. Giovanni talks about impression. My mother tongue was for- ‘‘My dream is to create a more com- doors opening, saying it is like a cli- gotten as I learned to speak English, passionate society that restores human che, but DACA opened doors for him. weakening the profound virtuosity of dignity to those who are pushed fur- Let’s hope that passing the Dream Act my heritage and reshaping my family’s ther into the margins. I want to earn will keep those doors open. mannerisms and grandiose personal- my Ph.D. I want to become a leader of Deyanira writes this: ‘‘ ‘Adversity ities. In pursuing the American Dream, an organization that seeks to provide causes some men to break; others to my parents not only offered their lives, opportunities that do not trap people break records’—William Arthur Ward. but also their youngest daughter. in misery and dependence. I want to be ‘‘Although being undocumented has ‘‘In spite of losing my ancestors that a voice for the voiceless. My dream is been my toughest struggle here in the both defined me and were unknown to to discover potential in people who are United States,’’ Deyanira writes, ‘‘it me, I have fought for the new self I thought to have none because I know has shaped me to highly appreciate have built up from the ashes of the bro- what it is like.’’ education and encourage my younger ken dreams they tried to burn down. Thank you, Brisa, for your courage. siblings to excel in their studies in While in community college, I stead- Giovanni writes: ‘‘I left Panama on order to pursue a career. fastly held the distinction of a dean’s my eighth birthday on a flight bound ‘‘I was born in San Luis Potosi, Mex- list scholar and successfully completed for Los Angeles, California. At the ico. My parents decided early on that the requirements for earning an honors time, I didn’t fully understand the they wanted their children to grow up certificate by completing eight honors weight of what was happening. I was in better environments than the ones courses. I held the merit of being in- excited to have the people on my flight they grew up in. They migrated to the ducted into an honors society, Phi sing ‘‘Happy Birthday’’ to me. I was in- United States of America when I was Theta Kappa, and was appointed presi- trigued by the smoked salmon that the very young so that they could work dent of the Alpha Beta Gamma chapter stewardess served me for lunch. I had endlessly and send money back home the following year, all the while work- no idea that to this day, almost 20 to Mexico. At the age of 5, I migrated ing full-time at an animal hospital. years later, I would not return to my along with my sister. I was excited ‘‘I poured the desperation I felt over hometown or my childhood friends or about my family being united once being denied my education at the top the house that I was born in. again, despite the adversity we face. research schools in Georgia into my ‘‘From the moment I arrived in the ‘‘The hardships range from medical school and work. I rose to the position United States, I tried my hardest to fit situations to owning a driver’s license. of manager at the animal hospital and

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.059 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H939 was the sole student awarded the dis- through his efforts to support us, re- ‘‘At that moment, the flames of dis- tinction of Student of the Year in Biol- gardless of the criticisms he received. parity gave way to the fire of indigna- ogy out of the total college population ‘‘DACA will forever hold a special tion, but this conflagration only kin- of 21,000 students’’—top student, 21,000 place in my heart, as it is through the dled within me a phoenix of preserva- students. benefit of being able to apply for ad- tion: I would persevere in spite of these ‘‘In an attempt to continue my edu- vanced parole that I was able to travel obstacles. I spent countless hours re- cation further than a 2-year associate’s to Chihuahua, Mexico, after 21 years to searching every possible opportunity degree, I was chosen from a pool of be with my beloved llalla Eva—grand- that would allow me to further my edu- thousands as a semifinalist for the mother—until her very last moments cation. prestigious Jack Kent Cooke scholar- on this Earth. ‘‘Lastly, I would like to encourage ship. Later that year, I was offered a ‘‘I will forever cherish the fact that you to think of the thousands of un- different private scholarship to attend DACA opened a world of opportunities documented people like myself. I stand Eastern Connecticut State University for me to support my family and com- before you to ask you to pass the at no cost to me. In another 2 years’ munities in ways I would have never Dream Act so I and many other un- time, I will graduate with a double able to do otherwise.’’ documented people not only can con- major in biochemistry and biology. Thank you, Cindy Nava, for sharing tinue pursuing the American Dream, ‘‘Four years was all it took for me to your personal story with us. but also no longer fear being separated effectively and irrevocably pursue the Here on the floor, Representative from our loved ones.’’ education I have proved that I deserve. BLUNT ROCHESTER from Delaware, I I thank Congresswoman BLUNT ROCH- However, these dreams have an expira- thank her for being with us. A member ESTER for this beautifully written, al- tion date. Every 2 years, I must go of the freshman class, Representative most poetic statement. Like so many through the taxing process of applying BLUNT ROCHESTER was effective from other DACA students and DREAMers, for DACA. Every 2 years, these dreams the start and into advocacy for our it is a story of family, of education, of may die. Until then, I breathe the DACAs from day one, and I thank her commitment, of patriotism—also beau- heart and soul of my denied ancestors for giving us this story of Indira Islas. tifully written. into my studies to keep them alive and Her story says: ‘‘I was born in Guer- I know that in the course of the day, to keep them ingrained in my pursuit rero, Mexico, and I came to the U.S. we have been joined by Congresswoman of the American Dream.’’ with my parents at the age of 6. I am ZOE LOFGREN, who has been a real So beautiful. Thank you, Anayancy. a 19-year-old DACA student currently champion on the issue of immigration And then I want to talk about Cindy: studying biology. and a champion, relentlessly, for our ‘‘My name is Cindy Nava. I was born in ‘‘September 16, 2013, seemed just like DREAMers. She has served as the chair Chihuahua, Mexico, and arrived in the any day. I was on my way home from of the Immigration and Border Secu- United States in 1997. I have been school when my bus came across heavy rity Subcommittee. She is now the blessed to grow up in a State that has traffic just a few miles from my stop. ranking Democrat on the Immigration demonstrated its appreciation and sup- As it inched forward and approached and Border Security Subcommittee. port to immigrant communities over the turn that led to my house, flashing She has practiced immigration law. the years. The State of New Mexico is lights and the scene of an accident She has taught immigration law. She not only the place I call home, but it is came into view. When we saw that an is a recognized leader, called upon by the State that has nourished my deep ambulance was blocking the intersec- all kinds of constitutional institutions love and passion for civic engagement tion, we all stood up eagerly from our for her views on this and other subjects and policy. seats—intrigued, fascinated, and curi- that relate to our Constitution and our ‘‘I began my college life at Santa Fe ous to see what happened. In the dis- country. She is relentless to satisfy Community College and then trans- tance beyond the comfort of my seat, and persistent. She is not only a lead- ferred to the University of New Mexico, my heart dropped as I recognized what er, but also a strong advocate. I thank where I obtained a BA degree in polit- was unmistakably my dad’s crushed the Congresswoman for her leadership. ical science in 2014. I did not obtain car. I mentioned earlier Congresswoman DACA until spring 2016 due to a local ‘‘After arriving in the emergency SHEILA JACKSON LEE. attorney who advised me not to apply. room, I was told to have a seat in the Also, when I mentioned the Immigra- However, this did not stop me from waiting area. As I sat down, so many tion and Border Security Sub- continuing my education. I served as things went through my mind before I committee that Congresswoman ZOE an intern and fellow for more than a was finally allowed to see him. A nurse LOFGREN serves on, that is a sub- dozen State and national political or- with a clipboard escorted me back, and committee of the Judiciary Committee ganizations, regardless of the fact that I held my breath as she opened the cur- of which she is a leader. they could not hire me. tain to his room. There was my dad, Congresswoman SHEILA JACKSON LEE, ‘‘I collaborated with organizations to handcuffed to his hospital bed and also a member of the Judiciary Com- register high school students to vote, looking utterly defeated.’’ mittee, a leader on the immigration while still not being able to cast a vote issue and expert on it, earlier I read 1415 myself. I interned at my State legisla- b her statement that she presented from ture for 6 years and went on to become ‘‘After a long embrace, he finally a DREAMer from Houston, Texas. I the first undocumented student to spoke. In his voice, he carried fear of thank the Congresswoman for being serve as an intern . . . through my se- the unknown and uncertainty of the fu- with us. lection for the Rilla Moran NFDW ture; he knew of the adversity ahead of Congresswoman BONNIE WATSON Award. us. Though his words were few, he COLEMAN from New Jersey is with us, ‘‘Thanks to DACA, I was able to began telling me that I was going to too, and she is a very outspoken force begin a graduate program and thus was have to be strong and to not lose focus on many subjects in the Congress. As able to accept a job as a graduate re- of my education. He was then taken to you see, we had many testimonies from search assistant at the University of jail. New Jersey, and I know she knows this New Mexico. Having the ability to ‘‘From that day on, I knew that my issue so well. travel to border States granted me the life would be different. In the midst of But for all of us, it is not just an ability to become the second DREAMer all of this, I found refuge in the one issue. It is a value. It is something very in the country to graduate from the thing that I had control over: my edu- important to us. EMERGE America women leaders cation. If I were to have lost my dad Earlier, also from New Jersey, was training program.’’ that day, September 16, I know he FRANK PALLONE, our ranking member Wow. would not have been disappointed be- on the Energy and Commerce Com- ‘‘DACA has changed my life, and I cause he would have been content mittee, who cares so deeply about this will always be grateful to President knowing that his children are going to issue. He has been in and out for most Obama for taking the first step to up- be left in a good place—which is all an of the 4 hours that I have been speak- lift our immigrant communities immigrant parent ever wants. ing.

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.060 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H940 CONGRESSIONAL RECORD — HOUSE February 7, 2018 JOHN LEWIS, we had his beautiful nesty’’—no—‘‘and have pledge to fight ‘‘Because of DACA, I was able to statement from a DREAMer, Daniela, a against it, it should be stated that it is apply for and obtain a work permit and dreamer from Georgia. I thank the gen- far from that. If anything, it is a Band- driver’s license. DACA also gave me tleman for his great leadership. I sang Aid solution of addressing the needs the opportunity to live out my dreams. his praises earlier. I could spend an- and concerns of the millions of undocu- I am now a manager at a construction other 4 hours just talking about the mented immigrants in this country. company and own my own photography gentleman. I thank him so much. ‘‘My plan after graduating from business. I plan to continue pursuing Congresswoman MAXINE WATERS has Alverno College consists of making my aspirations regardless of my status. been here for most of the time. She, healthcare accessible to all and giving ‘‘I consider myself lucky among oth- too, as a Californian, understands the back to the community that I love so ers who were denied the rights granted impact of public policy on the lives of much. There are DREAMers that have by DACA. That is why I decided to people. As Dr. King told us, the ballot, become lawyers, doctors, police offi- share my story. I am not looking for legislation, your life, there is a direct cers, and small-business owners thanks any kind of recognition or sympathy, relationship. Legislation here has a di- to DACA, and their career choices ben- but looking to make a difference and rect impact on the lives of these peo- efit the country as a whole. inspire others. Hopefully, the Trump ple, and nobody understands that bet- ‘‘We are a group of hardworking indi- administration takes into consider- ter than MAXINE WATERS, our ranking viduals who just want the opportunity ation all of our stories when they make member on the Financial Services at a better life. My parents’ choice to a decision about the future. In the Committee. I commend her for her smuggle me across the border was irre- meantime, we, the DREAMers, need to leadership on the part of the American sponsible,’’ Alejandra says, ‘‘but I un- continue to set a high example for oth- taxpayer as well as consumer. derstand why they did it. Our home ers and give back to our communities Congresswoman NYDIA VELAZQUEZ country is being terrorized by poverty which have given us so much, even was also here earlier, a leader on the and drug cartels, and I can’t imagine while political forces threaten our committee, the Financial Services what my life would have been like if we daily lives. Committee, also a leader, the Demo- would have stayed. I am grateful for all ‘‘I know my story is one of many oth- cratic leader on the Small Business the privileges the United States has ers and that I speak for them when I Committee where many, many minor- granted me, and while DACA is just a say we are not asking for handouts, ity-owned businesses enjoy the benefit temporary fix to immigration policy, it only for an opportunity to work hard, of her leadership. She also was the is one that provides a pathway to suc- pay taxes like other citizens, and, chairman of the Hispanic Caucus the cess for millions of DREAMers in the mostly, live our lives in peace for the year that we passed the DREAM Act in country. first time, and for some of us, to live in the House of Representatives. I thank ‘‘If we are to lose DACA, I hope that peace in the only country that we call her and the members of the committee the new administration implements a home.’’ for making that victory possible then. reform that assures the well-being of Before I go into other testimony, I Congresswoman ANNA ESHOO of Cali- DREAMers—but if it doesn’t, I know want to recognize so many of our Mem- fornia, she has been a tremendous force that our will to keep fighting and pro- bers who have been here on the floor on this issue. A number of the testi- gressing won’t end. With or without with us and some who are watching monies that I have read have been ei- DACA, my future doesn’t feel uncer- from their offices and sending their ther from the Silicon Valley area or as- tain anymore. I will continue to pursue memos. pire to be from the Silicon Valley area. my goal of making healthcare acces- But I do want to acknowledge the There are a lot of entrepreneurship, sible. presence of Congressman CARBAJAL of STEM, and engineer aspirations in this ‘‘We aren’t asking for a handout. We California, a champion on this. list, so we thank Congresswoman are asking for the same opportunities They are all distinguished champions ESHOO for her role as a leader on the to succeed in the country we call on this issue, very concerned, working Energy and Commerce Committee and home.’’ very hard for us to get a debate and a for her strong advocacy for many. She Thank you, Alejandra. vote on the floor. and ZOE LOFGREN know better than al- Miriam Santamaria writes: ‘‘ ‘Don’t Congressman CARBAJAL of California, most anyone the contributions that worry when you are not recognized, but a freshman member; Congressman KIL- immigrants have made. strive to be worthy of recognition.’ ’’ DEE of Michigan, who leads the way Most of the new startup companies in Who said that? Abraham Lincoln. with 1-minutes on the floor; Congress- our area are started by immigrants to ‘‘ ‘Don’t worry when you are not rec- woman BONNIE WATSON COLEMAN, our country. Many of the people who ognized, but strive to be worthy of rec- whose birthday was yesterday and who would like to be part of that are part of ognition.’—Abraham Lincoln.’’ is sharing, today, with us. I acknowl- the DREAMer community. So we Miriam writes: ‘‘I have carried Lin- edged her earlier. I thank her. thank Congresswoman ESHOO also for coln’s advice throughout my life. It Congresswoman WATERS; Congress- her extraordinary leadership. resonates with me now more than ever. woman VELA´ ZQUEZ; Congressman I am going to go on to Alejandra ‘‘I was 4 years old when I was brought CORREA of California; Congresswoman Gonzalez. The story goes like this, Mr. to this country. After my father passed MATSUI of California; Congressman Speaker: away, my mother was faced with the GOMEZ of California; again, Congress- ‘‘I was 12 years old when I found out difficult task of raising two children on woman JACKSON LEE, now my third I was undocumented and when I found her own. It was then that she made the time to acknowledge Congresswoman out I couldn’t be a teacher like I’ve al- decision to come to the United States. JACKSON LEE; Congressman TAKANO of ways wanted to because, without the Leaving all of her comforts behind, she California; Congresswoman BARBARA proper documentation, I couldn’t re- sacrificed everything to pursue a better LEE. I read the testimony of her ceive grants and loans to afford a high- life for us. I have lived in this country DREAMer earlier. er education. I had to settle for jobs ever since. It was in Houston, Texas, Congressman LOWENTHAL of Cali- that didn’t allow me to use my full po- where I went to school, learned a sec- fornia; Congressman DARREN SOTO of tential because I didn’t have a Social ond language, graduated from high Florida. He has been such a champion Security number, and it was then that school with honors, and paid my way right from the start. I was down with I started to live a life full of anxiety, through community college. him at a university like the first stress, and depression because of the ‘‘I grew up with a vision of achieving month of his being in Congress, and uncertainty of my future and the the ‘American Dream,’ the same that day I spoke to General Kelly right threat of deportation. DACA was an in- ‘dream’ they teach you in school, the from the venue where we were speaking stant relief from that.’’ dream that anyone with honest char- to the students, and General Kelly told Alejandra goes on to say: ‘‘Since acter and conduct can succeed in this me that he cared deeply about DACA, I have been able to acquire the country. Yet none of that matters if DREAMers. I had confidence that he funds to go back to school. While some you do not have the ‘right’ identity would help us, and I still do, on this had seen DACA as a form of am- card. very important value that we share.

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.062 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H941 Congressman MIKE THOMPSON of Cali- A strong Biblical number: 40 years in Mr. LEVIN has also been a strong ad- fornia; Congressman CA´ RDENAS, who the desert for the Jews, Moses and vocate. Coming from Michigan, he was just here, of California; Congress- Aaron; 40 years. Forty days in the brings a heartland perspective to our man TONKO of New York; Congress- desert with Christ. Forty days of Lent, discussion. I thank Mr. LEVIN. woman ALMA ADAMS of North Carolina. so important to many of us here. Forty I thank CAROLYN MALONEY from New I mentioned Congresswoman ZOE LOF- hours as a Catholic ritual, the 40 days York. Of course, New Yorkers think GREN. Again, I acknowledge her. Con- observing the 40 hours. Forty hours is a they own this issue, but so do we in gressman PANETTA, who presented tes- number that is fraught with oppor- California. But it is a heartland issue timony here; Congressman NORCROSS of tunity. as well. New Jersey. There is lots of New Jer- It is a prayerful time, too, whether it So I am very proud of all the Mem- sey testimony here. was in the desert with Christ or in Lent bers who have come here, and also for Congressman CARTWRIGHT of Penn- or 40 hours of religious devotion. We the work that they have done. There sylvania has been with us for a long should use these 40 hours. are many others who have been work- while; Congressman SERRANO of New I thought of coming to the floor, as I ing very hard on this issue when we York, a champion of all of those issues, said earlier, when Senator DURBIN was started our meetings at 8 o’clock this including our fight to be fair and just here and we sang his praises for being morning, continued in our leaders to Puerto Rico; Congressman ELLISON. such a champion on this issue. I was meeting with Mr. CROWLEY and Mr. I read the testimony of his DREAMer going to come and bring my rosary HOYER about where we go from here in earlier. blessed by the Pope and talk about not terms of the budget negotiations that Congresswoman ESHOO, I acknowl- just one rosary, five-decade, but all have gone on. edge her again for her extraordinary three, the full rosary. That would take As I said earlier, there are many good leadership. She has faith that this will some time. Prayerful about that. things in the budget agreement. They Instead, I did that during the night happen, and we pray together over it. have been responsive in a bipartisan and came here to make sure that ev- Congresswoman NORMA TORRES of way. Again, it is a compromise. I just eryone who follows Congress knows the California, reminding me that tomor- return to that because some people stories of these DREAMers and how row is the National Prayer Breakfast; may not have heard my first state- consistent they are with the aspira- Congressman RUIZ of California; Con- ment. tions of our Founders; how proud our gressman MCGOVERN from Massachu- The budget caps agreement includes Founders would be of the aspirations of setts, who has been with us a long many Democratic priorities. With the these young people to make the future time; Congresswoman VAL DEMINGS, a disaster recovery package and dollar- better; to give back to community; to new member of the Judiciary Com- for-dollar increases in defense and non- pledge allegiance to America; and to mittee from Florida; and Congressman defense budget, Democrats have se- fulfill life, liberty, and the pursuit of cured hundreds of billions of dollars to CASTRO of Texas, San Antonio. We had happiness that our Founders—imagine testimony from there. invest in communities across America. Founders putting as a purpose of our There will be billions in funding to b 1430 Nation the pursuit of happiness. They fight opioids and to strengthen our vet- were so wonderful. Everything we do I acknowledge Congressman AL erans. Remember what our priorities here has to be to honor the vision of GREEN from Houston, Texas; Congress- were. They were bipartisan priorities our Founders, to honor the sacrifice of man GENE GREEN from Houston, Texas; that we were fighting for, appealing our men and women in uniform and Congresswoman BLUNT ROCHESTER, for: fighting opioids, strengthening our what they do to make America the whom we had beautiful testimony from veterans, the National Institutes of country that we are, the home of the earlier; Congresswoman SLAUGHTER Health, to build job-creating rural in- brave and the land of the free, and also from New York; Congressman HUFFMAN frastructure and broadband, and to from California; Congressman MCNER- the aspiration of our children. So I reiterate the statement I made fund access to childcare and quality NEY from California; Congresswoman earlier: this is about the children. It is higher education. So it is a good piece BARRAGA´ N from California; Congress- about the children. Think of it as of work. woman JAN SCHAKOWSKY from Illinois; CHIP. CHIP is a healthcare program This morning we took a measure of Congressman GARAMENDI from Cali- for the children. It is handled dis- our Caucus because the package really fornia; Congresswoman BONAMICI from cretely. It has broad support. It is not does nothing to advance a bipartisan Oregon; Congresswoman JAYAPAL— the whole healthcare bill. It is CHIP legislation to protect DREAMers in the again, I acknowledge her leadership— for the children. House. Without a commitment from who is a member of the Judiciary Com- This is DREAMers for the children. It Speaker Ryan comparable to the com- mittee, the committee of jurisdiction is not the whole immigration bill. It is mitment from Leader MCCONNELL, this for this; again, I acknowledge Con- this. It is a confidence-building step, a package cannot have my support. How- gressman JOHN LEWIS; Congressman first step. We go to the next, more ever, I am hopeful that we can get that CICILLINE, who is a member of the Judi- complicated step of comprehensive im- commitment. ciary Committee; and Congressman migration reform we all know. That is Let me say about this House of Rep- JUAN VARGAS from California. why it is in our legislation that we are resentatives, first of all, as far as the They have been just extraordinary, beseeching the President—excuse me, Constitution is concerned, we take the all of them. well, the President to support, but our oath to protect and defend it. That is Again, the members of the Homeland Speaker to give us an opportunity to our responsibility. Security Committee, Congressman bring to the floor. Of all the things I thought—I thought BENNIE THOMPSON was in meetings with It recognizes our responsibility to I might be hungry, I thought I might us preparing to come to the floor, and protect our borders. It recognizes our be thirsty—I never thought I would get I want to acknowledge his leadership need to be true to who we are and true the sniffles from the rug. But I can on this as well. Congressman ADAM to our nature in terms of being inspired handle it if you can. SCHIFF spent some time with us in Cau- by these DREAMers and giving them Honoring the Constitution of the cus downstairs on this subject. So the protections that they should have. United States is so important. The many of our colleagues participated in So we want that opportunity. first branch, Article I, the legislative our early morning meeting until our Some other colleagues have arrived branch, we are the first branch of gov- next meeting to come to the floor. who have been helping work on this ernment. We are the people’s House in I will tell you about the early morn- issue. Our distinguished chairman of the wisdom of our Founders elected ing meeting, which began around 8 the House Democratic Caucus, Mr. every 2 years to have us constantly ac- a.m., because when I went into the CROWLEY. I think he has been present countable to our constituents. meeting at 8, I said to our colleagues at every meeting we have had with the The Constitution said that appropria- that from 8 this morning until 12 to- large and small DREAMers, friends of tions bills should begin in the House. morrow night is 40 hours, Mr. Speaker. DREAMers, and the rest. I thank the So the House sent over a continuing Forty hours. gentleman for his leadership. resolution.

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.063 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H942 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Was that yesterday? eloquent than anything any of us can chance to prove that we are part of this It seems like a long time ago now. say. country’s future and success. Because The Senate is acting upon that by But we do not deserve any right, any of DACA, I am able to say I am a part- adding to it the compromise that I de- of us, to say we love DREAMers or any- time student and part-time staff for an scribed and which I think is a good thing like that unless we have an in- after-school program.’’ piece of work. I commend both the tention of doing something about it. Ana goes on to say: leaders, MITCH MCCONNELL and CHUCK The DREAMers have worked so hard ‘‘I am two steps closer to becoming a SCHUMER, for their negotiations for with such dignity over so many years, businesswoman and a teacher, and that which our House Democratic input was some of them. They have earned the gives me hope. Sadly, however, the new a major part. So I associate myself high regard of the American people. administration has posed threats that with it. One of the figures that is so over- would make my hope and my dreams However, the difference between the whelming: 90 percent want the unreachable. If the permit is taken House and the Senate is that Senator DREAMers to stay, 80 percent with away, our hard work will become MITCH MCCONNELL, the Republican citizenship, and 70 percent of the Re- worthless. I want to give back to this leader in the Senate, was respectful of publicans support the DREAMers. country, so I yearn Congress to give me his members who asked in a bipartisan So we are not asking for something that chance.’’ way for him to bring a bill to the floor, off the wall. It is something that is— We thank Ana for her statement. and he will give that opportunity. The yes, maybe it is off the wall. Maybe the Fidencio Fifield-Perez says: chips will fall where they may when wall is the issue here, but nonetheless. ‘‘A high school teacher told me, ‘Peo- they have the debate, but they viewed Life, liberty, and the pursuit of hap- ple like you don’t go to college.’ I was that opportunity as a fair one. piness, again talking about those accepted to seven colleges after grad- We are asking for the same thing. Founders, a new order for the ages, uating with honors from Emsley A. Now, in our House, our bipartisan bill every generation taking the responsi- Laney High School, and I now hold a is further developed. It is the Hurd- bility for making the future better for BFA from Memphis College of Art as Aguilar bill, which, as I said, recog- the next. Every testimony talks about well as an MA and MFA from the Uni- nizes our responsibility to protect our that. Parents are making sacrifices for versity of Iowa. borders, but also does the job for our their children to have a better life, a ‘‘In July 2012, I stood in front of the DREAMers. It is just a piece of the im- direct reflection of the American television with tears rolling down my migration bill, but a confidence builder Dream of hope, determination, opti- face as I heard President Obama enact in a bipartisan way, done, again, in a mism, and faith, faith in God, faith in the controversial executive action bipartisan way to build unity with the future, faith in America, faith in after the DREAM Act, a bipartisan bill, transparency. family, faith in the work ethic, and failed to reach cloture in the Senate. Let’s have the debate on the floor. faith in education. Even through those tears, I knew that So why should we be considered the All of these testimonies talk about my life and the lives of so many others place where appropriations begin, the giving back. There is not an ounce of were at risk and that most people place where we will have to take a vote arrogance anyplace. All of them are ap- would never see this. on that again, the only place in Amer- preciative of what America has given ‘‘I was the first of my family to grad- ica where you can’t debate the issue? them. Sometimes naming names, other uate from high school. Every undocu- Give us a chance. Give us a vote. Put times schools, other times churches, mented person I knew, other than my it all on the floor. Make it queen of the but always understanding that the op- two younger brothers, dropped out ei- hill. Bring your Goodlatte bill to the portunities they have are a blessing ther because it was expected of them or floor. Maybe what the Senate comes up from our country, and we recognize because a high school diploma meant with should be on the floor as well. We that they are a blessing to America. nothing for the jobs to which they ap- will see what that is. With that, we will go on to Ana San- plied. I remember being told to get a It is bipartisan. We know that it will chez. Ana says: ‘‘Like any other bene- job that paid under the table and to be bipartisan. That requires a big vote, ficiary of DACA, I, for once, have been keep my head down. This was contrary a supervote in the Senate, the Hurd- given the opportunity to pursue my to what my elementary and high Aguilar bill, which has enough Repub- dreams by attaining higher education school teachers had told me. ‘Work lican cosponsors and many more sup- and a job. I am Ana Sanchez, an 18- hard, and you too can make something porters to justify it being brought to year-old undocumented student who of your life.’ Of course, they were as the floor. was brought to this country when I was unaware of my status as I was of the So what we are asking for is just sim- only 2 years old. Due to living condi- full repercussions that came with it.’’ ply a vote. No guaranty. Just the abil- tions of my home country, my parents Everyone was excited to start col- ity to debate and consider. Queen of decided to immigrate to the United lege, and he goes on to talk about all of the hill, whoever gets the most votes, States to offer me and my sister a that, but it is a similar story about the that is the bill that would prevail in much better education and a brighter sacrifices of parents, the sacrifices of the House of Representatives. If that future. parents to take the risk, parents to would be the Senate bill, then that ‘‘Growing up, I was aware that I was work hard and encourage education, would be the end of it, and that would born in Mexico. However, I did not parents wanting to make the future go to the President. If it is the Hurd- know the effects of being undocu- better for their children. It is a beau- Aguilar, that would go to Conference, mented until high school came about. tiful, beautiful story. as would the Goodlatte bill, should Now that I am older, I realize who I am Julyanna Carvalho Rogers: that get the highest number of votes. in the eyes of the government, and it ‘‘I came to the United States for the But I don’t anticipate that would be saddens me to know that people believe first time when I was 11 years old. My the case because I don’t think it has bi- these misconceptions of us. I mean, younger sister was brought to St. Jude partisan support. But, again, have the ever since we arrived in Texas, my dad Children’s Research Hospital with leu- debate and let the chips fall where they has risked his health and life by work- kemia.’’ may. ing under dangerous conditions just to How beautiful. So that is why we are here. Since we earn enough money to provide food and ‘‘We came back 3 years later for her can’t have that debate, all night, as I shelter for my family. checkup, and we found out she had re- was saying my rosaries blessed by the lapsed. My dad was afraid of trying to Pope in honor of my mother, I thought: b 1445 change our expiring tourist visa in case Can we say the Rosary on the floor? ‘‘When it was announced that DACA we had to go back to Brazil and my sis- Where can we have this debate? would be available for people like me, ter would not be able to receive treat- MAXINE’s bill. We have to be here for my family did not think twice; we all ment. My sister is now a cancer sur- MAXINE’s bill. I will use my 1 minute— knew it was an advantage and a pre- vivor and would not have been if we my leadership 1 minute to tell these cious opportunity the country had had gone back to Brazil. My family left stories, which they are so much more given us. Finally we had been given the everything behind to save her and give

VerDate Sep 11 2014 02:53 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.065 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H943 us a better life. Thanks to Obama’s In anticipation of the State of the the campus career services when pro- DACA, I was able to work and help pay Union Address, Lopez issued the fol- viding guidance and up-to-date infor- for my college education. Thanks to lowing message: mation for current pre-med majors Obama, my sister also received health ‘‘My name is Juan Lopez, and I ar- looking for medical schools that are insurance; as a two-time cancer sur- rived in the United States of America mostly DACA friendly.’’ vivor, she needs a lot of care and atten- at the young age of 2 years old. I have Karji Forhit goes on and on and talks tion. been living in the United States for about that and the need for doctors in ‘‘I thought about giving up many over 15 years now.’’ our country. times. I’ve always been afraid to tell He is 17 now, Mr. Speaker. So it is, again, another chance for my story because so many times I’ve ‘‘I remember the first time I heard more doctors. We have talked about felt judgment towards immigrants. I’m my legal status referred to as illegal health professionals. We have talked no longer afraid, I feel that if everyone alien. I immediately felt as though the about researchers in the healthcare shares their story, others will term did not fit. Alien means outsider, field. We have talked about doctors, empathize and realize we all have the and I have never felt like one. dentists. We have talked about grad- same story. ‘‘I have lived the entirety of my life uate students and health-related issues ‘‘Four years ago, when I felt my low- in the same place, but I am not and the need for more health profes- est, I met my husband. We fell in love ashamed of where I was from. I em- sionals in our country to meet the right away. We found each other after braced the term undocumented and health needs of our country. We hear years of searching. We now have two have used it as a propelling force in my this coming from these students. dogs, and we plan on having kids in the own pursuit of greatness.’’ Since we were talking here about next few years.’’ Imagine, his own pursuit of great- this, I wanted to just mention we That sounds like my daughter. She ness. You go, you 17-year-old Juan talked about Notre Dame here, but so says: You are going to be a grand- Lopez. many of the institutions of higher parent of a grandpuppy. Okay, thanks. ‘‘I am a recipient of the Deferred Ac- learning in our country have been so Now we have nine, but our first grand- tion for Childhood Arrivals, otherwise supportive of our DREAMers. The ad- child was a big dog. known as DACA, and it is something I ministrations of these institutions of ‘‘I’m extremely passionate about am very proud of. I am a DREAMer, higher learning have been advocates helping others, and I currently volun- and I will continue to dream whether it for the DREAMers. They have tried to teer for One Family Memphis, a foun- is here or wherever the government accommodate them where possible, ad- dation that is building from the ground sends me.’’ vocate for them wherever, and part of up. I am looking forward to making a Karji Forhit. This is the opening line: what we talked about earlier. difference in the Memphis community ‘‘ ‘I think you get married after you Earlier, we talked about Bibles, as well as raising my kids to see the graduate high school.’ These are words badges in our law enforcement commu- light hidden in every darkness.’’ my SAT tutor said to me during my nity, and the business community. The CAROL SHEA-PORTER is here from New college consultation visit. Halfway business community, tied in with the Hampshire, as well as SUSAN DAVIS through making my college list, he academic community, has been a tre- from California. I thank them for their abruptly halted the conversation and, mendous resource. leadership and being here. for a moment, my future. He did not I particularly want to mention the Another story from SHEILA JACKSON think that I was fit for college, despite CEO of IBM. LEE. Alonso Guillen. my top-notch academic record that I IBM has been so good to its DREAM- Last September, Alonso, a Mexican Na- maintained since the day I entered pre- ers. They have respected them, given tional and DREAMer, drove more than 100 kindergarten. The only viable options them opportunities, and advocated and miles from his home in Lufkin, Texas, to he saw from all undocumented youths brought them to the Capitol, come here help those trapped by Hurricane Harvey’s was marriage.’’ flooding in the Houston area. But he and an- with their CEO. other man disappeared after their boat cap- ‘‘My name is Karji Forhit, and I am It is just really quite remarkable, but sized in the flood-swollen creek Wednesday, an undocumented immigrant. I was I could say that about a large swath of and relatives went back searching for their born in India and grew up in the di- companies in Silicon Valley. Bill Gates bodies. verse streets of Jackson Heights’’—in has been a champion on this issue. I He moved to Lufkin at age 14 from across the heights, New York City—‘‘since really give them credit for keeping the the border in Mexico, graduated from Lufkin third grade. I have worked hard not prestige of this issue in such a high, High School, and worked in construction. He only to help myself, but help those in high place and making it a priority in often organized fundraisers for those in need undocumented communities.’’ and masterminded his rescue trip to the their advocacy here and, importantly, Houston area on the fly with friends’ help. He goes on to say: in their community. The business com- When Hurricane Harvey hit, they borrowed a ‘‘My mother decided to move to munity has been spectacular both in boat and drove South to save strangers. America because it is where the rains terms of small business and corporate How beautiful. of hard work, sprinkled with luck, America as well. Alonzo is survived by his 8-year-old equals success. When President Obama Again, since we have newcomers daughter, Mariana. created DACA, it gave me the oppor- here, I want to go back to our bishop Mariana, you are in our prayers, and tunity to attend the University of statement from earlier. I thought it we thank you for sharing your father Notre Dame, where I am pursuing my would be useful once again, since we with America and for his sacrifice. How goal of getting a Ph.D. in economics. have a new Speaker, to read the state- sad. Thank you. DACA allows me to work not only as a ment of the U.S. Conference of Catho- DONALD PAYNE, Jr.’s State of the research assistant to Professor Jeffrey lic Bishops. Union guest was Juan Lopez from New Bergstrand, but also as a tutor at the This was their statement on the deci- Jersey. Notre Dame writing center. Honing my sion to end DACA and urge Congress to Juan Lopez migrated to the United writing and research skills will not find a legislative solution. That is what States from Uruguay at age 2 and was only advance my career, but will also we are trying to do today, is find a leg- raised in Newark, New Jersey. He was advance the careers of my fellow un- islative solution, or at least give it a selected for the Rutgers Future Schol- documented peers at Notre Dame. chance to be debated on the floor. ars program, which is a college pre- While Notre Dame has provided numer- The following statement from the paratory mentoring program for select ous opportunities for its DACA stu- U.S. Conference of Catholic Bishops, first-generation, low-income, academi- dents, there is still a lot of work to be President Cardinal Daniel N. DiNardo cally promising students from local done. I am the second generation of un- from Galveston, Houston; along with schools. documented students that Notre Dame Vice President Archbishop Jose H. Lopez is a senior at Newark Science has publicly accepted. Last summer, I Gomez from Los Angeles; Bishop Joe S. Park High School and plans to attend conducted research on medical school Vasquez from Austin, Texas, who is the Rutgers-Newark on a scholarship to admission policies for undocumented chairman of the Committee on Migra- study pre-engineering. students. This research is critical for tion; Bishop Joseph J. Tyson from

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.066 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H944 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Yakima, chairman of the Sub- and the ambition and the vocation that referred to as driving without a proper committee on Pastoral Care of Mi- these young people were feeling to- driving permit, as the State you lived grants, Refugees, and Travelers says wards becoming doctors, and I read in required proof of legal residency the ‘‘cancelation of the DACA program this. The Association of American Med- when applying for a driver’s license. is reprehensible.’’ ical Colleges reports that the Nation’s Driving like this meant risking legal The statement follows: doctor shortage will rise between 40,000 problems when heading out to the gro- ‘‘The cancellation of the DACA pro- and 105,000 by the year 2030. Both the cery store if you made a driving mis- gram is reprehensible. It causes unnec- American Medical Association and the take and got caught for it. essary fear for DACA youths and their Association of American Medical Col- ‘‘Living in the shadows meant no fi- families. These youth entered the U.S. leges have warned that ending DACA nancial assistance at your local com- as minors and often know America as will exacerbate this physician shortage munity college, which pretty much cre- their only home. in the United States, and they have ated an impossible financial barrier be- ‘‘The Catholic Church has long urged Congress to pass legislation to tween your career dreams and you. In watched with pride and admiration as protect DREAMers. the shadows, you had no options but to DACA youth live out their daily lives Are you listening? Listen to what the work in the same farm as your family. with hope and a determination to AMA said. ‘‘And let me tell you, perseverance is flourish and contribute to society: con- ‘‘Estimates have shown that the a requirement when laboring for below tinuing to work and provide for their DACA initiatives could help introduce the minimum hourly rate in sweat-in- families, continuing to serve in the 5,400 previously ineligible physicians ducing conditions. This life was my military, and continuing to receive an into the U.S. healthcare system in the own before DACA, and I may not be in education. coming decades to help address physi- the shadows any longer, but my fami- ‘‘Now, after months of anxiety and cian shortages and ensure patient ac- lies and relatives haven’t escaped yet. fear about their futures, these brave cess to care.’’ ‘‘I have been working as an IT sup- young people face deportation. This de- Remember, those with DACA status porter and analyst for a midsize drug cision is unacceptable and does not re- will particularly create care shortages company for under a year now. This is flect who we are as Americans,’’ the for rural and other underserved areas. the best job I ever had, and I don’t say bishops said. Without these physicians, the AMA is this because my hourly pay has in- concerned that the quality of care pro- creased. I genuinely love what I’m b 1500 vided in these communities will be neg- doing now,’’ Victor tells us. They go on to say: ‘‘The Church has atively impacted and that patient ac- ‘‘Unless you know me on a deep level, recognized and proclaimed the need to cess to care will suffer. you would think I was just another 26- welcome young people: ‘Whoever wel- This is remarkable, and I am glad it year-old with a promising career and comes one of these’ ’’—now, this quote will be submitted for the RECORD, but I not someone plagued by fear of Trump is so beautiful, and we should remem- am going to make sure all of our Mem- campaign promises. This narrative, I ber it in everything we do. It is in bers have this. feel, is not only mine. It is owned, Mark 9:37. ‘‘Whoever welcomes one of I acknowledged Mr. THOMPSON ear- shared by hundreds of thousands of these children in my name welcomes lier. Congresswoman GRACE NAPOLI- others who also have persevered be- me, and whoever welcomes me does not TANO of California is with us now. We cause of DACA. If I could have had a welcome me but the one who sent me.’’ have got JACKIE SPEIER, I acknowledge conversation with the President-elect, Christ welcoming, we welcome Christ, her; JAMIE RASKIN of Maryland; VAL I would tell him just that, that we have we welcome God who sent him—so DEMINGS, I mentioned earlier. persevered.’’ beautiful. Let me see. ALMA ADAMS, I recog- Thank you, Victor. The bishop goes on to say: ‘‘Today, nized earlier, too. Ms. BARRAGA´ N; Senator DURBIN has sent us some our Nation has done the opposite of BRENDA LAWRENCE from Michigan, who more stories. Again, he is our hero in how Scripture calls us to respond. It is brings that heartland of America per- the Senate. He introduced the bill in a step back from the progress that we spective to it; ANN KUSTER of New 2001. He has spent most of his official need to make as a country. Today’s ac- Hampshire. Congresswoman EDDIE career with DACA as a priority. He has tions represent a heartbreaking mo- BERNICE JOHNSON of Texas is with us as been a champion for America’s working ment in our history that shows the ab- well. families. He is about creating jobs, sence of mercy and good will and a Many Members have come and gone, good-paying jobs for the future, about shortsighted vision of the future. some on more than one occasion, but I safety in the workplace. DACA users are woven into the fabric acknowledge everyone who has been He is the person, along with Frank of our country and of our Church and here already. Lautenberg, who got smoking off of are, by every social and human meas- Anybody new on this side? airlines. Thank you, as one who trav- ure, American youth. Okay. So we probably want to hear els. Last week, I had eight flights in 10 ‘‘We strongly urge Congress to act now about Victor Esparza. days. I thank Senator DURBIN for that. and immediately resume work toward Victor Esparza says: ‘‘The day I re- He has been a champion in so many, a legislative solution. We pledge our ceived my employment authorization many ways: champion of the National support to work on finding an expedi- card through President Obama’s DACA Institutes of Health, of learning from tious means of protection for DACA program is the day I began to live experience in his own daughter’s youth. . . .’’ without fear. The uber-small and not health, about the need for Biblical ‘‘As people of faith, we say to DACA very well-known village of Eau Claire, power to cure that the National Insti- youth—regardless of your immigration Michigan, is the place that raised me tutes of Health has and appropriated status, you are children of God and since I was 7 years old. for. The list of his accomplishments is welcome in the Catholic Church. The ‘‘My elementary school teachers great, and this is one of them, the Catholic Church supports you and will never treated me differently because I DREAMers. advocate for you.’’ came from somewhere else and didn’t So he sent us this story from Cesar That was September 5, 2017. That was speak the language at the time, and for Montelongo: the day that the President issued his that, I loved them. I took pride in Today, I want to tell you about Cesar statement. doing my best in my high school Montelongo. When Cesar was 10 years Now, having worked with the bishops courses even though I was filled with old, his family came to the United for awhile, for them to have such a de- anxiety for not knowing what would be States from Mexico. finitive statement so quickly is pretty next in my life after my graduation in He grew up in New Mexico, where his remarkable because sometimes it takes the summer of 2008. academic prowess was quickly appar- a bill longer for their deliberative proc- ‘‘As my former high school peers ent. He graduated high school with a ess to work, but this came right away. went off to universities and employ- grade point average above 4.0, and he Okay. This is doctors and DREAMers. ment, I went off to live in the shadows, was ranked third in his class—third in I mentioned about the need for doctors living under the metaphorical shadow his class.

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.067 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H945 Cesar was a member of the chess, Remember that AMA statement from services? I think the answer is quite French, Spanish, physics, and science earlier about how important this all is. clear. No, we won’t be strong. clubs. He even took college courses the I don’t have it here right now. Today, again, I want to tell you last 2 years of high school. We now want to talk about William about Ximena Magana. When Ximena Cesar went on to New Mexico State Medeiros: was 9 years old, her family came to the University, where he was a triple major When William was only 6 years old, United States from Mexico City. She in biology, microbiology, and Spanish, his family moved to the United States was raised in the city of Houston. We as well as two minors in chemistry and from Brazil. William grew up in the have a lot of Houston folks. biochemistry. Cesar graduated with Boston area and then moved to Flor- JERRY MCNERNEY, I acknowledged distinction in the honors track with a ida. him earlier, and thank him for being 3.9 GPA. In high school, he was an honors stu- here. Mr. MCGOVERN, I acknowledged Cesar then earned a master’s degree dent and graduated with a 3.8 GPA. He him earlier. in biology, with a minor in molecular was also an athlete, playing on his high Mr. GRIJALVA, RAUL GRIJALVA, who biology, while also working as a teach- school’s soccer and football teams. has been really an outstanding leader ing assistant. Today, Cesar is the first William is now a student at the Uni- on this subject, has joined us, but he DACA student enrolled in the M.D.- versity of Central Florida, where he has been with us in every meeting Ph.D. program at Loyola University— has a 3.5 GPA. He will graduate in the today on the subject. I thank RAUL for Chicago—Stritch School of Medicine. spring of 2019 with his bachelor’s de- joining us here. He is entering his third year of this gree in criminal justice. I acknowledged her earlier, Congress- highly competitive program, and upon He is also working a full-time job in woman NYDIA VELA´ ZQUEZ, the fact that completion, he will receive a medical order to support himself. Because he is she was the chair of the Spanish Cau- degree and a doctorate degree in a DACA recipient, William is ineligible cus the year when we passed the science. for any financial aid from the Federal DREAM Act in the House of Represent- Cesar is one of the more than 30 Government. atives. DACA recipients at the Stritch School William’s dream? To enlist in the And as I acknowledged earlier, Sen- of Medicine, which was the first med- military, and then, after serving his ator DURBIN was the author in the Sen- ical school to admit students with country, to become an officer with his ate. It got a majority of the votes, but DACA status. local police department. not 60. Thank you, Loyola University Thanks to DACA, William is on his So I thank those two leaders once Stritch School of Medicine. This began way to fulfilling his dream. Last year, again. in 2014 when they admitted DACA stu- he enlisted in the Army through the b 1515 dents. Medical Accessions Vital to National Ximena was 9 years old when her DACA students do not receive special Interest program, known as MAVNI. family came to the United States from treatment in the selection process and And here is a photo of him with his Mexico City. She was raised in the city are not eligible for any Federal finan- recruiter at the enlistment ceremony. of Houston and lives there today. cial assistance. Many have committed The MAVNI program, as I mentioned In high school, Ximena served in the to working in a medically underserved earlier, allows immigrants with skills United States Army’s Junior Reserve community in Illinois after graduation. that are vital to the national interest Officers’ Training Corp, known as the Cesar Montelongo is researching how to enroll in the armed services. More Junior ROTC program. Under her lead- bladder viruses shape bacteria popu- than 800 DACA recipients with these ership, Ximena’s battalion was named lations and the potential implications critical skills have joined the military the best battalion in the Houston Inde- for urinary infections and disease. through MAVNI just through that pro- pendent School District. Wow. gram. Ximena also serves as captain of her He is also a member of the pathology Some in the Trump administration high soccer team and a regular volun- medical group, a Spanish interpreter at claim that DACA is taking jobs away teer at the Houston Food Bank. A real a clinic, and a mentor for other med- from Americans, but William and hun- leader, Ximena is majoring in commu- ical students. dreds of other DREAMers have vital nications at the University of Houston. When asked what drew him to medi- skills that our military couldn’t find She has interned with United States cine, Cesar says: ‘‘When I was very elsewhere. William, along with other Representative SHEILA JACKSON LEE young, my father became ill and then DREAMers, is waiting to ship out to and City Council Member Robert was bedridden for months. He was the basic training. He continues his under- Gallegos. Due to Ximena’s community primary breadwinner, and I saw him as graduate studies and working full- service, she was asked by the mayor of our protector. Watching him immo- time, waiting his chance to serve the Houston to serve as the youngest mem- bilized and screaming in pain impacted country he loves. ber of the Mayor’s Hispanic Advisory my world view. Years later, we found William wrote this letter: ‘‘My desire Board. She is the first DACA recipient out that my father had suffered from to serve this Nation and help people, to to serve on the board. diabetic myopathy and neuropathy. pay back my dues for everything I re- Last week, in the aftermath of Hurri- Learning that both his illness and our ceived from this great country, and to cane Harvey, Ximena stepped in to help family suffering could have been pre- lead by example by showing my fellow her community just like she has al- vented by education and relatively in- DACA members that anything is pos- ways done. She volunteered at shelters expensive medication was heart- sible with hard work, perseverance, and helping people with FEMA and Red breaking. By that time, it made me re- dedication.’’ Cross applications. She was joined by alize the potential of medicine.’’ William Medeiros and other DREAM- many other DACA recipients. It is a Cesar’s dream for the future? To be- ers have so much to contribute to our stunning story of DACA recipients come a practicing physician and a sci- country, but without the Dream Act, helping after Hurricane Harvey. entist and to develop new and improved William and hundreds of other immi- Ximena wrote me a letter—this is clinical diagnostic tools so that doc- grants with skills that are vital to our from Senator DURBIN. She asked for tors can diagnose and treat disease national interests will be kicked out of only one thing: for President Trump to faster. the Army. come visit the Houston DACA volun- Close to 70 DREAMers are in medical They want nothing more than to teers, to meet these heroes, to look in school around the country. But with- serve, and they are willing to die for their eyes, hear their stories before de- out DACA, these DREAMers will not the country they call home. Instead, porting them to countries they barely become physicians and they could be they could be deported back to coun- know. deported back to countries where they tries they haven’t lived in since they Ximena and other dreamers have so haven’t lived since they were children. were children. much to contribute to our country. Will America be a stronger country if Will America be stronger if we deport Again, I ask the country: Will America we deport people like Cesar? I don’t William and people like him who want be stronger if we deported Ximena? I think so. The answer is clear. to stay here and serve in the armed don’t think so.

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.069 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H946 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Cristina Velasquez—no relation to 190 other teachers will be forced to math—on Saturdays, every Saturday— Congresswoman VELA´ ZQUEZ. leave their students behind. and he volunteered to help a teacher at Today I want to tell you about Again, will America be stronger? I a local elementary school. Cristina Velasquez. When Cristina was don’t think so. Luis was also very active in his 6 years old, her family came to the Jesus Contreras: Jesus was only 6 church. Every Sunday, he translated United States from Caracas, Venezuela. years old when he was brought to the the pastor’s sermon into English for She went to elementary school in United States from Mexico by his those who didn’t speak Spanish. And he Madison, Wisconsin. mother, who sought safety from vio- cleaned up the church before and after Cristina wrote this letter. In it, she lence. He grew up in Houston. Sunday service. talked about her childhood, and she After graduating from high school as Because of his outstanding record in said: ‘‘I spent my formative childhood a top student, Jesus obtained DACA. high school, Luis was admitted to years in the Midwest, where I learned This enabled him to pursue his dream Georgetown University. He is currently to assimilate and learn the values that of becoming a paramedic. Jesus at- a sophomore and majoring in American this country was founded on. The salt- tended Lone Star College in Houston studies and minoring in government. of-the-earth quality of the people and earned his paramedic certification. Luis continues to use his spare around me and extraordinary kindness Today, Jesus is 23 years old. He works time—really—to give back to the com- between strangers shaped my own val- as a paramedic in the Montgomery munity. He is a member of the Pro- ues and attitude towards others. Grow- County Hospital District. vost’s Committee for Diversity. He is ing up in Madison taught me a great Through Hurricane Harvey, Jesus the co-chair of the Hoya Saxa Week- deal about compassion, patience, and Contreras worked six straight days res- end, a program that brings students hard work.’’ cuing people from flood areas. He from underrepresented communities to Cristina was an outstanding student. helped people who needed dialysis or visit Georgetown. And Luis is a leader In high school, she was a member of insulin. He took flood victims to local of Stride for College, a program that the National Honor Society—you have hospitals. Afterward, he would stop at mentors students at local inner-city heard that over and over and over home for a quick shower before heading high schools. Luis’ dream is to be a high school again, the National Honor Society— to his local church to volunteer, help- teacher, which is not surprising, given and she also was elected as vice presi- ing flood victims with their medical the strong commitment he has already dent of her class and manager of the needs. Jesus sent this letter, and it says: shown to helping young people. track team. She also found time to vol- Luis wrote in his letter: ‘‘DACA gave ‘‘Houston is my home, and these are unteer. me the confidence and the security I my people. I love my career. It has I love the way kids are so top-notch, had not had before. I lived in fear and given me the opportunity to help peo- academically, participate in athletics in the shadows. Thanks to DACA, how- ple in ways I never imagined I could. and the rest, and in their spare time ever, I have been able to do things I work at the local camp for pre-K stu- DACA means everything to me. I would otherwise wouldn’t be able to do, like dents or the food bank or whatever it lose my license and certifications with- traveling through an airport or work- is. out it. I would be sent back to a coun- ing on a campus. I’ve always felt that Cristina graduated with honors from try I don’t know and would lose every- I am an American, but having DACA Miami Dade College. She is currently a thing.’’ allowed me to stop living in constant student at Georgetown University, ma- Jesus and other DREAMers have so fear and uncertainty. Now these fears joring in international law, institu- much to contribute to our country. But have come back again.’’ tions and ethics. She received the without DACA, Jesus couldn’t have Will America be stronger if we deport President’s Volunteer Service Award 2 worked to protect his community Luis Gonzalez if he stays here and be- years in a row and is a Walsh Scholar. through Hurricane Harvey, and he comes a high school teacher? And as a Hoya mom and Hoya wife could be deported back to Mexico, I think that the answer is obvious. and Hoya grandmother, I can tell you, where he hasn’t lived since he was 6 Now, on this subject of Georgetown being a Walsh Scholar at Georgetown, years old. and English, his second language, and that is a very big deal. Will America be stronger if he goes translating into English for those who During her time at Georgetown, away? don’t speak Spanish. He cleaned up the Cristina has interned at the U.S. House I don’t think so, no. church before and after Sunday service. of Representatives and piloted a col- We have another Georgetowner here: The thing about the church that is in- lege mentorship program at a local Luis Gonzalez. When Luis was 8 years teresting, I just recently—and I won’t high school. In addition to this, she old, his family came to the United read it again right now, but the United finds time to work two part-time jobs. States from Mexico. Luis had a dif- States Conference of Catholic Bishops’ How many hours do you have in a ficult childhood in Santa Ana, Cali- statement I read from His Holiness day, Cristina? fornia. After his parents separated, he about immigrants when he was here in She has also dedicated two of her un- lived with his mother in a car garage the Capitol—but I also mentioned Dr. dergraduate summers during the school for several years. Then, after his moth- Sam Rodriguez and other leaders in the year to volunteer as a teacher in er remarried, Luis lived with an abu- evangelical community who have been Miami and in San Francisco. sive stepfather. so outspoken on protecting our In both these positions, she works But Luis overcame these cir- DREAMers. with high-achieving, low-income stu- cumstances and became an excellent I know we all go to church services dents providing support for their path student. He graduated high school in every week. I mean, that is what I to college. You see, Cristina’s dream is the top 1 percent of his class—now that hear. I go to a lot of different places be- to be a teacher. is a 1 percent we like to talk about— cause I travel around the country. And She will graduate from Georgetown with a 4.69 GPA, and he passed all nine more and more around the country, soon. She has been accepted to Teach advanced placement exams that he and in my own community in Cali- For America, a national nonprofit or- took. fornia, more and more of our parish- ganization that places Talent Regents Luis was also very involved in extra- ioners are from the Philippines or from graduates in urban and rural schools. curricular and volunteer activities. He Latin America. So a lot of the future of Teach For America has 190 teachers was the secretary of the school’s—here the church—by the way, in one of the who are DACA DREAMers and are it is again—National Honor Society churches I go to in California, our pas- teaching our children across the coun- chapter. Luis helped organize an anti- tor was from Nigeria. In my church in try. bullying campaign at a local elemen- San Francisco, one of our priests was Is that beautiful? tary school. He created a mentorship from the Philippines. The idea of pa- In any event, Cristina is scheduled to program to help incoming freshmen at rishioners being more diverse is also start the program next summer and his high school. the clergy being more diverse. start teaching next fall, but without On Saturdays, instead of relaxing, he So when we talk about faith and DACA or the Dream Act, Cristina and volunteered to tutor other students in building faith and strong faith in our

VerDate Sep 11 2014 01:25 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.070 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H947 country, recognize how faith-filled so create my own future on the same tional Honor Society, the resounding many of these families are who come to grounds as any other student. I would theme of all of this, a member of the our country. Again, our motto is ‘‘In like to be judged upon my qualities as National Honor Society. God We Trust.’’ It is wonderful to see a person than what papers I happen to She played soccer, tennis, and bas- their faith in God, their faith in Amer- have in my hand. I hope to be a com- ketball, and she was a member of the ica, their faith in the future, their fair puter programmer and begin earning student government, the school news- in themselves, their faith in their fami- my living as a contributing member of paper, the chess club and the yearbook lies, and their faith that gives them America’s society.’’ club. hope, the faith in the goodness of oth- Consider this: every year, thousands Lara went to Northeastern Illinois ers, as I said, hope, sitting right there of foreign computer programmers come University. In college, she worked two between faith and charity. to the United States as temporary jobs to pay for her college tuition. So just, again, that spark of divinity guest workers under H–1B visas. It Keep in mind, she is ineligible for Fed- that we all have, we have to act upon. makes no sense to deport a homegrown eral financial assistance because of her We will talk about Benita Veliz. talent, like Javier, when American immigration status. In 2006, Lara grad- Benita was brought to the United companies are importing foreign com- uated with honors with a major in jus- States by her parents when she was puter specialists. Javier and other tice studies; but then she was stuck. only 8. She graduated as the valedic- DREAMers have so much to contribute Lara wanted to become a lawyer but torian of her high school class at the to our country. was unable to pursue this dream, Mr. age of 16. She received a full scholar- God bless you, Javier. Speaker, because she was undocu- ship to St. Mary’s University. She This is a story from TERRI SEWELL. mented. graduated from the honors program Mr. Speaker, I thank TERRI SEWELL Six long years later, in 2012, Presi- with a double major in biology and so- for joining us. dent Obama established DACA, and ciology. Her honors thesis was on the TERRI brings this story of a DREAM- Lara’s life changed. In 2013, Lara re- Dream Act. er from Alabama. Fernanda Herrera ceived DACA and enrolled in law school She wrote: ‘‘I can’t wait to be able to said: ‘‘I came to the U.S. when I was 21⁄2 at Southern Illinois University. In law give back to the community that has and grew up in Gadsden, Alabama, school, Lara won the moot court com- given me so much. I was recently asked where I attended Gadsden City High petition. She won the moot court com- to sing the national anthem for both School and played the flute in the petition—how about that—and was se- the United States and Mexico at a band, serving as a section leader for 2 lected for the Order of Barristers, a Cinco de Mayo community assembly. years. legal honor society. Without missing a beat, I quickly belt- This spring, 10 years after she grad- b 1530 ed out the Star Spangled Banner. I uated from college, Lara received her then realized that I had no idea how to ‘‘I moved to Birmingham in 2013 to law degree. Over the summer, she sing the Mexican national anthem. I attend Samford University as an honor passed her bar exam; and just last am American. My dream is American. student majoring in International Re- month, Lara received her Illinois law It is time to make our dreams a re- lations. I graduated this past May, license, which she is proudly holding in ality. It is time to pass the Dream with thousands out in loans for my de- this picture. Act.’’ gree and am hoping to attend law You see, Lara never gave up on her We have some photos. school. dream of becoming a lawyer, and This is Javier Cuan-Martinez. Javier ‘‘My parents and U.S.-born little thanks to DACA and her hard work, was only 4 years old when his family brother live in Ragland, where they this dream has become a reality. Now brought him to the United States from own a small Mexican restaurant under Lara is planning a career in public in- Mexico. Javier went to elementary my name since I am the only person of terest law. She says: ‘‘I would like to school in Texas, and then moved to age and with a Social Security num- be of service to others.’’ Temecula, California. ber.’’ In her letter, she says: ‘‘DACA has Javier was an excellent student, who They own it under that. opened the door.’’ was very involved in extracurricular ‘‘I recently had a car wreck that put I keep hearing that theme: open the and volunteer activities as the member me $40,000 further into debt. If DACA is door, open the door. Let the Speaker of the National Honor Society and was taken away, I will not be able to work please open the door so we can have named Riverside County’s Student of to pay back my loans, my hospital that debate here, as MITCH MCCONNELL the Month. debt, my car payments, or my debt has done in the Senate. He also received an award from the from helping my parents with their Lara writes: ‘‘DACA has opened the College Board’s National Hispanic Rec- restaurant. Without a clean Dream door to possibilities that were beyond ognition Program, which is given to Act, my U.S. citizen brother is forced my reach. DACA represents a better only 5,000 of the 250,000 Hispanic stu- to choose between having his sister or life and the opportunity to achieve the dents who take the test. his parents here.’’ American Dream. DACA has given me Javier was a member of the math Oh, we do have a picture here. How the freedom to live without fear. I now club and a drum major in the school’s lovely. How cute the little brother is. have the confidence to know that my marching band. He volunteers in his How lovely. hard work, dedication, and achieve- town’s soup kitchen for the homeless, I thank TERRI SEWELL for that and ments can be recognized. I will con- and received the President of the thank her for her extraordinary leader- tinue to work hard and lead by the ex- United States Volunteer Service ship from Alabama about a DREAMer. ample of what I can accomplish if Award. The DREAMers are all over our coun- given the opportunity.’’ Javier didn’t know he was undocu- try, Mr. Speaker. They are a blessing Lara and other DREAMers have so mented until he was applying for col- so across the board. much to contribute to our country. lege and learned that he was ineligible From the heartland of America, we Will America be a stronger country if for Federal financial assistance. have many from Michigan, from Illi- we deport Lara? I don’t think so. Thanks to his academic achievements, nois, from Alabama, of course Texas This is from Representative ENGEL Javier was accepted at Harvard Univer- heartland as well, but it is also a bor- from New York; it is one of his con- sity. He is now majoring in computer der State. stituents. science. He is also a member of the Lara Alvarado was 8 years old. Her ‘‘My name is Diana, a constituent of Harvard Computer Society and Har- family brought her to the United yours from Yonkers, New York. I am a vard’s marching band. Thanks to States from Mexico. She grew up in DACA recipient who is currently in DACA, Javier is supporting himself by Chicago, Illinois. In high school, Lara limbo not knowing what my future working as a web developer. was an excellent student and was in- holds. I was able to obtain a driver’s li- Javier sent his letter. He wrote: volved in many extracurricular and cense and put myself through tech ‘‘DACA doesn’t give me an advantage. volunteer activities. She was a member school where I obtained my EMT li- Rather, it gives me the opportunity to of the National Honor Society—the Na- cense. I also obtained phlebotomy and

VerDate Sep 11 2014 05:18 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.072 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H948 CONGRESSIONAL RECORD — HOUSE February 7, 2018 EKG certifications, which have cer- grant, she is not eligible for Federal fi- turned to school and reignited my pas- tified me to work in the emergency nancial assistance, and Arizona law sion for studying. Because of DACA, I room. If Congress approves a path to prohibits State financial assistance to want to do whatever I can to con- citizenship, I would be able to accom- DREAMers like Barbara and her sister. tribute to my country.’’ plish so much more to give back to my During her freshman year in high In his senior year in high school, he family and community. I love what I school, the mentor told her that, as a turned his life around; he improved his am doing and do not want to lose all DREAMer: ‘‘You’re going to have to grades; very active in the community, that I have worked for. Thank you for try harder than everyone else.’’ She head of the school fundraising com- taking the time to read my message. says: ‘‘Those words confirmed what I mittee, and volunteered with the men- Sincerely, Diana.’’ had known all along. Although I was toring program. He also worked full Another from Congressman ENGEL, a only starting high school, I began to time to support himself and his family. constituent. dread what most students anticipate He is in his sophomore year in Hon- ‘‘My name is Justa, from the Bronx, with excitement, graduation day. What ors College at the University of Illinois New York. I applied for DACA in July if I got into my dream school, but I in Chicago. He has a double major in after finding out from an ICE officer couldn’t go because I couldn’t afford psychology and political science. He that I had 60 days to leave the country it?’’ has a perfect 4.0 grade point average. or face deportation. I am also about to In high school, Barbara was an excel- He is involved with student govern- lose my job because I have not received lent student and was involved in many ment, and leads a recreational bike my new EAD card. DACA is my only extracurricular and volunteer activi- club. hope.’’ ties. She was a member of the Aca- Every week, he delivers food from the Elizabeth, again from ELIOT ENGEL, demic Decathlon team for 4 years and college dining hall to a homeless shel- from Yonkers. She writes to Congress: was a team captain during her senior ter. He mentors middle school stu- ‘‘I am contacting you because I sub- year. She was a member of the student dents. He is a part-time security guard mitted my initial DACA application government, the yearbook club, the at local events. He dreams of working earlier in 2017 and completed my bio- homecoming court; she volunteered to in Chicago city government. He gives metrics in April. I have yet to receive tutor middle school students and hope to people who need it to turn any other guidance. I humbly ask if worked part-time to save money for their lives around. Now he wants to there’s any way that you can help me her education. give back to the city and country he out. I am absolutely heartbroken and Barbara also participated in a num- loves. in deep emotional stress because of ev- ber of programs at Arizona State Uni- I do note that we will have an oppor- erything that is going on at the mo- versity, including the Walter Cronkite tunity to hear from the Vice President. ment with DACA. I have two children journalism institute. She recorded a Do we have to have the vote here first in 4th and 6th grades. I would not be story about her life, and it was aired before Members can go—the floor vote able to imagine my life without them. around the country on National Public will occur soon after I yield back. I I arrived in the U.S. when I was 9 Radio. This experience sparked her in- have no intention of yielding back, Mr. months old and am now 28. I have terest in journalism and led to an in- Speaker. I have a lot more. called USCIS, and the only information ternship at KJZZ, the Phoenix affiliate Do we know yet if there is any possi- they provided was the one already on of National Public Radio. bility of a Special Order later? We their website. I just asked if it was pos- Last year, Barbara graduated as val- asked about 3 hours ago. There are sible to request an inquiry, and they edictorian of her high school with a 4.5 other Members to participate. said it wouldn’t be possible. I just had GPA. As a result of her accomplish- The SPEAKER pro tempore (Mr. to wait.’’ ments, Barbara was accepted at Dart- HARPER). The gentlewoman from Cali- Another one, Stephanie. Stephanie is mouth College, an Ivy League school, fornia is free to consult with leadership the girlfriend of an unnamed DREAMer where she is now a sophomore—a great on that issue. in ELIOT ENGEL’s district. ‘‘I write to Ivy League school. Ms. PELOSI. Well, that is what we you today about DACA. My boyfriend Barbara writes: ‘‘I’m very grateful asked earlier, and we had made that is a DACA recipient. He is a building for DACA allowing me to work and not overture but never did get an answer engineer who lives in New Rochelle, be deported to a country I didn’t know back. New York. He is a high school graduate and have not been since I was 5. Just We have been joined by Congress- and has his associate’s degree. He has like thousands of other undocumented woman JUDY CHU who, as I mentioned no criminal record. He pays taxes yet students, I have grown and become ac- earlier, is the chair of the Congres- reaps none of the benefits available to customed to the culture here; this is sional Asian Pacific American Caucus, citizens, welfare, Social Security, et where I belong. I want to be a contrib- a leader fighting for family fairness cetera. He is a good person from a good uting member of society, as I have and the issue of family unification in family. I am terrified that Congress proven in my 13 years.’’ any of our immigration discussions; will not be able to come to an agree- As we know, Barbara and DREAMers Congresswoman NITA LOWEY, our rank- ment over DACA and his safety will have so much to contribute to our ing member on appropriations and real- hang in the balance; that he could be country. ly central to all the discussion this is sent back to a country he barely We have a little boy here, Aciel. He about, about the appropriations bill knows. I understand that you are was a 5-year-old boy. His family that will come back from the Senate. against the decision to end DACA, but brought him to the United States from It will come back from the Senate I beg you, please do not party lines and Mexico. He grew up on the north side of with a promise from their leader, bargaining chips get in the way of fix- Chicago. We have got a lot of Chicago, MITCH MCCONNELL, that we would— ing this. Do whatever is necessary. a lot of New Jersey here. Aciel was a that they, in the Senate, would have a This has been a horrible day, but, in 6 bright child, but when he learned that vote on a DREAMers bill to be debated, months, it could get so much worse.’’ he was undocumented, his life took a and the chips will fall where they may. I thank ELIOT ENGEL for giving us downturn. He was failing his classes We are simply asking the Speaker for those stories from his district. and dropped out of high school for 6 the same opportunity. This is from Barbara. In 2002, when months. So I thank Mrs. LOWEY for her lead- Barbara was 5 years old, her family He wrote: ‘‘I felt that because of my ership. Congresswoman ROYBAL- brought her to the United States from status I had no future. As a result, my ALLARD, as I mentioned earlier, was Mexico. Barbara grew up in Phoenix, grades and attendance plummeted, and the original—I called her the god- Arizona, and she knew she would face I struggled to do anything productive.’’ mother—of the DREAM Act. She had challenges because she was a DREAM- Then, in 2012, President Obama an- the original bill, and then she joined er. nounced DACA and everything changed with Senator DURBIN in advancing it in Her older sister had been accepted at for him. Here is how Aciel explained it. 2001. a State university but could not afford ‘‘DACA meant I had a future worth Congressman HAKEEM JEFFRIES, part to attend. As an undocumented immi- fighting for and, because of that, I re- of our communications group on this

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Congressman GONZALEZ from Texas Leydy says: ‘‘I know that my parents Katherine says: ‘‘I’m very grateful who knows firsthand the border, the moving to the States was extremely for all the things this country has done challenges that we face; Congressman horrifying and leaving everything be- for me, but I think it’s not their turn JOE KENNEDY from Massachusetts, hind was difficult, but it makes me feel to see what I have done for them, to again, a strong supporter, mentioned better knowing that my future here see everything that I’ve accomplished: again in his response to the President. was brighter than the one I could’ve the awards, the high GPAs, and all the I mentioned ADAM SCHIFF earlier ever had in Mexico. amazing people that are DACA recipi- about his being involved in our discus- ‘‘Regardless of not having enough ents. The process you have to go sions and our earlier meetings today on food on the table, not having help on through and the strictness to obtain the subject; and Congresswoman my homework, not having any re- DACA is so hard. If you have just a lit- HANABUSA from Hawaii, of course, very sources to help me apply to college, I tle detail on your record, that’s it, involved in this issue, as you would managed and got accepted to college you’re out. suspect. and moved hours away from home with ‘‘We’re some of America’s best. And I So I thank so many of our colleagues the purpose of bettering myself and my want to know why they are taking this for joining here on the floor. I don’t family.’’ away from us. know if they have—I have so many This is really the American Dream ‘‘Why don’t you want us here? Don’t more, but I didn’t know if they had story over and over again. you want people with degrees? Don’t She references when DACA was cre- any. These are from my colleagues. you want people with cool internships ated, she had stability, if only tempo- This is my stack, but these are from and cool jobs? Why don’t you want me rarily, in America, the only country my colleagues; so I will go to those. here? she knows. By repealing DACA, her ‘‘Our parents are original DREAMers, From Congresswoman LOWEY, this is hopes and aspirations were forced into and we’re here trying to accomplish a letter from a DREAMer to Congress- another place. their dreams. Please be able to see that woman NITA LOWEY. ‘‘I want to thank Leydy says: ‘‘I do not have any clear for yourselves.’’ you for your support of DACA. I know memories of Mexico, and I do not know So this is that same thing about par- you are doing all you can to fight anyone in Mexico. My entire life is in ents. heartless legislation and initiatives the United States. Here is where I have Mr. HOYER has a story from Ivy Teng that would deport a potential 800,000 made my life for myself, and taking Lei, a Chinese American DACA recipi- young people. I am 28 years old, and I that away from me is inhumane. This ent raised in Manhattan’s Chinatown. am one of the DREAMers, having come Nation is the only one that I aspire to She is the youngest of three and be- to America from El Salvador when I contribute to and the only one I belong came the second to graduate college in was 15 years old. to.’’ her family from Baruch College. ‘‘I attended school in Ramapo, New Graciela Nunez is a 22-year-old stu- Today, she continues to devote her free York, and now make my home with my dent, a Washington graduate, who time to empowering underserved com- wife in Pearl River. Life in El Sal- works at a humanitarian law firm. She munities. She chairs the Professional vador, where I was born, was dangerous is a driven person with a desire to give Leadership Council on Asian American and brutal, which is why my father back, and she has big ambitions for the Federation, hosts seminars and work- moved us to America in 2005.’’ future. She is also a DREAMer and shops on professional and cultural en- And this is a story we have heard DACA recipient who was born in Ven- gagement activities. She is now an over and over. ezuela. independent consultant for small busi- ‘‘I am grateful every day for all the When Graciela was 7 years old, her ness, nonprofits, and immigrant orga- opportunities presented to me here. I parents moved. They told her that her nizations. She just devotes so much of currently work as a technology spe- family was going to the U.S. to visit her free time to empowering under- cialist at Apple and feel it is so impor- Disney World on a short vacation. Only served communities. tant to continue achieving, setting as she got off the plane did she realize Ivy Teng Lei’s story is just what this goals, and giving back to my commu- that she was not going back to Ven- country needs. I thank Mr. HOYER for nity.’’ ezuela. They were fleeing the Chavez referring her to us. She is a Chinese b 1545 regime, and they were in the United American. States to stay. Jung Bin Cho’s family emigrated to ‘‘It would break my heart to lose my This is the only country Graciela the United States in 2001 from South home and life here in New York. knows. She, like 1.8 million other Korea. They decided to leave to attain ‘‘The prognosis on DACA seems to be DREAMers in this country, has built the American Dream for their children. changing daily, adding to growing un- her life here. She is as American as it He enrolled in first grade in Virginia, certainty. My status expires in Novem- gets. A piece of paper could not negate and, in 2016, proudly graduated from ber. her participation in all of the things Virginia Tech. ‘‘What will my future be? that make this country great. Graciela Jung Cho says: ‘‘The U.S. is the only ‘‘I am reaching out to you to ask if I feels little connection to Venezuela. home I know. Because of DACA, I could meet with you at one of your She doesn’t know how many Presidents worked and could save money to help local offices to discuss DACA. that country has had. She is unfamiliar pay for college. Where I live in North- ‘‘My employer has offered support with the geography, but she has got a ern Virginia, you need a car to get any- and legal assistance. . . .’’ 5 in AP U.S. history and she can talk where. Because of DACA, I can drive, That is from Hugo Alexander Acosta about the documents that built this giving my family rides or to study.’’ Mazariego. Nation with more detail than any of Anyway, these are all just very per- And as I said earlier, our business us. sonal stories about the struggles, the community has been superlative in all In Graciela’s words, she has been liv- obstacles, but the optimism, the deter- of this. ing under constant heightened stress mination, and the hope that all of Representative TORRES sent a story because of the fate of DACA. And we these people have. Isn’t that what from Leydy Rangel: ‘‘My name is know what that program is about. America is about? America is about op- Leydy Rangel, and I have lived in the Graciela says DACA has let people timism and hope. United States since I was 8. I am now know that undocumented youth have This one is from Representative ESTY 22. In June, I graduated from Cal Poly potential. It gives them upward social about Carolina Bortolleto. She had Pomona, where I earned a degree in mobility and a way out. It allows other testimony earlier. ELIZABETH journalism. I have always known I am DREAMers to do exactly what their ESTY from Connecticut has been a undocumented because I remember the name implies: to dream for a better life champion on this issue, and she sends first day of elementary school and how and to not let paper limit potential. this other testimony. kids pointed out my brown skin so JIMMY PANETTA has sent us a story Carolina says: ‘‘I was born in Brazil much.’’ from Katherine from Salinas. I men- and moved to the U.S. with my family

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.076 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H950 CONGRESSIONAL RECORD — HOUSE February 7, 2018 and my twin sister when I was 9 years After graduating from Woodburn learned English after a few months of old. I came to Connecticut. I knew I High School, Aldo became a DACA re- college. Valentina says: ‘‘After that, I was undocumented, and so I’d face a cipient. He has extensive experience became my parents’ right hand. Every- tougher path to college, but I made the with electoral and community-based thing and anything that involved decision to keep fighting. organizing in areas of farmworkers’ speaking to the outside world meant I ‘‘I was able to graduate in top 5 per- rights, immigrants’ rights, youth em- was in the front translating and rep- cent of my class and got a scholarship ployment, and education. resenting my parents. It was a lot of to Western Connecticut State Univer- Aldo currently serves as the policy responsibility for a young undocu- sity, where I graduated in 2010 with a director for the Oregon Latino Health mented kid.’’ degree in biology. In 2010, I cofounded a Coalition, where he is part of a team In addition to this responsibility, local organization working for the that helped pass State legislation that Valentina was an excellent student. rights of undocumented students in extends health coverage to undocu- She received the President’s Education Connecticut. mented children in Oregon. Award twice, once from President Bush ‘‘I was able to buy my first car and God bless you for that, Aldo. and once from President Obama. In obtain a driver’s license. At the end of We have been joined by Congressman high school, she was an honors grad- 2014, I suffered a severe medical emer- ERIC SWALWELL from California, and uate in advanced placement, a leader gency and spent 8 months in the hos- we thank him for his leadership on this in student government, a member of pital. But due to DACA, I was able to very important issue working with the the Beta Club. get a job that offered health insurance Future Forum, visiting with DREAM- Somehow Valentina found time to be with the national organization United ers all over the country. the president of the school’s environ- We Dream.’’ Also, KEITH ELLISON joined us, who I mental group and manager of the var- Here we are again with United We referenced earlier his testimony from sity basketball team. Dream. his constituent in Minnesota as well. They have so many hours in a day, Carolina says: ‘‘Now my DACA ex- Mr. HOYER has another testimony these DREAMers. She was a very ac- pires on March 2019, and, with it, I will from Chirayu Patel, an Indian Amer- complished student, but Georgia State lose my health insurance that I need to ican who arrived here when he was 11 law bans undocumenteds from attend- live.’’ years old. For 23 years he has lived ing the State’s top public universities. Again, these stories go on and on. I here. He was from Gujarat. As a result, Valentina applied and was think, really, the point is that these Isn’t that where the Prime Minister accepted to Dartmouth College in Han- young people have accomplished things is from in India? over, New Hampshire. that I think many of us would not have Chirayu has spent years and thou- Congratulations, Valentina. been able to accomplish. Perhaps some. sands of dollars to resolve our status. She is now a sophomore there. To I give everyone credit for obstacles He says: ‘‘However, due to incorrect fil- help pay her tuition, she works as a they have overcome. But if you have ing by a notary that took advantage of projectionist at a theater, as an un- all of the obstacles of economic dis- my father’s lack of knowledge about documented student. She still finds advantage, plus being undocumented, U.S. immigration process, our current time to volunteer and mentor children. uncertainty in your family, and all the lawyer has said that there is simply no In her letter, she wrote: ‘‘I am be- emotional unrest that that causes, and way for us to get right with the law un- yond grateful because, by receiving to see them in the National Honor So- less there is a change in law by the DACA, the U.S. has given me an oppor- ciety, the top 1 percent, the top 10 per- Congress.’’ tunity to give back to this country cent, the top 5 percent of their classes, Again, I won’t read the whole state- that has given me so much. This is my giving back, volunteering over and ment, but Chirayu says: ‘‘Over the country. I have worked hard to prove over again in their communities, these years, our family has built a life here myself worthy in the eyes of my Amer- are the best of the best. They are so and given back to the only country we ican counterparts, and knowing that I fabulous. know as home. My parents have paid am in a weird limbo in regards to my Again, their parents were so coura- income taxes, property taxes, and even legal status doesn’t make me sleep any geous. They had a dream for their chil- business taxes. I was also the first per- easier. My name is registered with the dren, and some of these children are son in my family to graduate from col- government, so I might be deported if now reflecting that they are living lege. The introduction of DACA in 2012 they decide to end DACA.’’ their parents’ dream for them. And was a consequential day for me. It would be so sad if she were de- that is what America has always been ‘‘The President’s decision to rescind ported back to Uruguay, a country about. the DACA program was a punch in the where she hasn’t lived since she was 6 Mr. Speaker, I have plenty more sto- gut, and I felt the floor disappear under years old. I don’t think our country ries to tell. Some of them submitted by my feet.’’ would be stronger without that. our colleagues, but I know that there is Chirayu says: Oscar Cornejo, Jr., was 5 years old supposed to be a vote sometime soon. After 23 years, my life may be destroyed when his family came to the United Is that correct? Or can we just go on? overnight. I continue to raise awareness on States from Mexico. He grew up in Mr. Speaker, may I ask what the this issue by sharing our stories and asking Park City, a small northern suburb of order of things is here? Do I have just our families, friends, and neighbors to con- Chicago. He became an excellent stu- time to go on and on? Or is there a vote tinue pushing Congress. In return, we hope dent in high school. He was a member that Congress can deliver. being called? Or what? of, again, the National Honor Society, The SPEAKER pro tempore (Mr. RICE I thank Mr. HOYER for submitting and he was an Illinois State Scholar. of South Carolina). The House is cur- that. He received several advanced place- rently considering H.R. 1153. Mr. SWALWELL’s testimony is from ment awards. He graduated magna cum Ms. PELOSI. Aldo Solano was at the Jose from Hayward, California. He laude. State of the Union address. He was the came to the United States as a child What he says is: ‘‘My parents always guest of Congressman EARL BLU- from Mexico. He has only pledged alle- instilled in me the value of an edu- MENAUER. Aldo moved from Mexico giance to the United States of Amer- cation, which is one of the main rea- when he was 6. He grew up in one of the ica. He is headed to college soon and sons they decided to leave everything Farmworker Housing Development wants to be a police officer in the only in Mexico and come to the United Corporation’s affordable housing com- country he has called home. States. I dedicate myself to my edu- munities in Woodburn, Oregon. At 15, Thank you, Mr. SWALWELL, for bring- cation to honor the sacrifices my par- he started volunteering at FHDC’s ing that to our attention. ents made.’’ afterschool program and later interned Valentina Garcia Gonzalez was only 6 for its Funds Development Depart- years old when her family brought her b 1600 ment, creating his pathway to a career to the United States from Uruguay. Because of his outstanding academic in community development and a pas- She grew up in the suburbs of Atlanta, achievements, he was admitted to sion for social equity. Georgia. She was a bright child and Dartmouth. He is the first member of

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.078 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H951 his family to attend college. He ex- tional Honor Society—we keep hearing chanical engineering, electrical engi- celled at Dartmouth. During freshman that over and over—and captain of the neering, telecommunications engineer- year, he received the William S. cross country team. At the same time, ing, control engineering, and computer Churchill prize for outstanding aca- Maricela was active in her community, engineering. demic achievement. volunteering at a local homeless shel- Could you do that? Could any of us do Just absolutely fabulous. Thank you. ter. that? Thank you for submitting Oscar’s When it came time to apply for col- Naomi is now working on her bach- story. leges, Maricela knew she wanted to elor’s degree at Middle Tennessee State He says: ‘‘When I received my DACA, stay close to her family in the only University. In her spare time, she is the threat of deportation had been lift- home she’d ever known, Wisconsin. She also involved in her community doing ed and I felt I could actually achieve applied to many local schools and was all kinds of wonderful things. my dreams. DACA has allowed me to offered a full-tuition scholarship to She says: ‘‘DACA has meant the op- work for the first time, and the money Marquette University in Milwaukee. portunity of a lifetime for my aca- I earn goes to support my education At Marquette, Maricela was on the demic and professional career. As a and my family.’’ dean’s list and was a double major in student at Smyrna High School, driv- ing past the Nissan plant motivated me Again, a valuable asset. political science and English lit- to be a better student with hopes of, Let me just recap a little bit of this, erature. She also worked part-time as a one day, being part of a company that Mr. Speaker. waitress to support herself and her is highly regarded in my community. So many of our DREAMers are inter- family. However, without proper work author- ested in becoming doctors and Maricela became involved in advo- ization, that goal seemed far-fetched. healthcare professionals, whether it be cating for immigration reform. In De- Today, it is a reality for me.’’ researchers, nurses, or other cember 2010, Maricela was here in the So, hopefully, we can continue to healthcare professionals. Senate gallery, along with hundreds of make that a reality for Naomi I just want to read once again this other DREAMers, when the Senate Florentino, and I submit her statement statement from the Association of failed to pass the DREAM Act due to a for the RECORD. American Medical Colleges: Republican filibuster. I wish I could excuse my colleagues, The Association of American Medical I remind that, just shortly before but they have all been such champions Colleges reports that the Nation’s doc- that, we passed it in the House. It got on this issue, and their dedication to it tor shortage will rise to between 40,000 over 50 votes in the Senate, but it did is obviously demonstrated here, as it is and 105,000 by the year 2030. Both the not get to the 60th vote. She came to with some of those who can’t be with American Medical Association and the raise concerns about the DREAMers us right now. Association of American Medical Col- again and again. This is another story that is about a leges warn that ending DACA will ex- She graduated with honors in her DREAMer, and I want to tell the story acerbate this physician shortage in the graduating class. She is now in grad- of how DACA has given one DREAMer United States, and they have urged uate school at Brandeis University in the chance to contribute to the coun- Congress to pass legislation to protect Boston. She plans to return to Mil- try she loves. DREAMers. waukee when she graduates. She wants This is Maria Ibarra-Frayre. Maria’s Listen to what the AMA says: ‘‘Esti- to become a public schoolteacher. parents brought her to the United mates have shown that the DACA ini- Maricela and other DREAMers have States from Mexico at 9 years old. She tiative could help introduce 5,400 pre- so much to contribute to our country. grew up in Detroit, Michigan, the viously ineligible physicians into the Could we use more public school- heartland. She was an excellent stu- U.S. healthcare system in the coming teachers like Maricela? I think so. dent who was dedicated to community decades to address these shortages and Would we be a stronger country if we service. ensure patient access to care. deported her? I don’t think so. In high school, she was a member of ‘‘Removing those with DACA status So we have another one from Mr. the National Honor Society—you keep will particularly create care shortages DURBIN. Her name is Naomi Florentino. hearing that, Mr. Speaker. I have been for rural and other underserved areas. Her parents brought her to the United here all day, but all day you have been . . . Without these physicians, the States from Mexico when she was 10 hearing members of the National AMA is concerned that the quality of years old. Naomi grew up in the town Honor Society—Key Club, and the care provided in these communities of Smyrna, Tennessee. school newspaper. She volunteered would be negatively impacted and that Naomi was an excellent student and twice a week tutoring middle school patient access to care will suffer.’’ active in her community. In high students and performed over 300 hours That is a quote. They are saying school, she was a member of the Na- of community service. She graduated there could be as many as 40,000 to over tional Honor Society, and she received with a 3.97 GPA and was admitted to double that number by 2030, and 5,400 Student of the Year awards for algebra the University of Michigan, but was unable to enroll at Michigan because of previously ineligible physicians come and art. She served on the student her immigration status. council and played on the varsity soc- to us by making DACA, by passing pro- She entered the University of Detroit tection for our DREAMers, 5,400 pre- cer team and the varsity track and Mercy, a private Catholic school. She viously ineligible physicians. That is field team. She was also a shot put and was elected vice president of the stu- quite remarkable. discus thrower. dent senate. She helped found Campus So when you see the need and you see These people are so accomplished, I Kitchen to take leftover meals to the the ambition and the vocation and the just don’t know how many hours they homeless—not to the homeless, but dedication, especially to help in under- have in the day. other people who have a hard time served areas, it is quite remarkable. Naomi’s dream was to become a ro- leaving home and needed meals to be This is another of Senator DURBIN’s. botics engineer. She participated in the brought to them. He wanted to introduce to the Senate a NASA Science, Engineering, Mathe- She participated in helping elderly DREAMer from Speaker RYAN’s home matics, and Aerospace Academy and couples, homeless people, et cetera, State of Wisconsin. Her name is performed so well that she won the and graduated valedictorian of her Maricela Aguilar. Next Generation Pioneer Award. class. Her options were limited because In 1995, when Maricela was 3 years She graduated high school with hon- of her immigration status. old, her mother brought her to the ors, but her immigration status limited When she got DACA, she wrote: United States with the hope of giving her. She didn’t give up. She took me- ‘‘DACA means showing the rest of the her a chance for a better life. chanical engineering courses at country, society, and my community Maricela’s family settled in Mil- Lipscomb University in Nashville. She what I can do. I have always known waukee. Maricela worked hard, and she then went to community college. In what I’m capable of, but DACA has al- excelled in school. the spring, she is graduating with an lowed me to show others that the in- During high school, she was on the associate’s degree in mechatronics vestment and opportunity that DACA honor roll and was a member of the Na- technology, a field that combines me- provides is worth it.’’

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.080 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H952 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Maria and other DREAMers like her This is her story: ‘‘My family and I This is another one, a Sacramento have so much to contribute to our had migrated to the United States. State graduate that Congresswoman country. ‘‘The first six years of my life pales MATSUI submitted to us. Will America be a stronger country if in comparison to what I have been in- She said that DACA gave him peace we send Maria away? No, I don’t think troduced to within a few months of liv- of mind. He currently holds a master’s so, and I think you would agree. ing in the U.S. All I do know is that my degree and plans to pursue a doctoral JUAN VARGAS from California. I ac- clear, joyful memories started when we degree. He wants to work in the field of knowledged him earlier. He is here. moved to America. I was living in the education and is worried that the Congressman JUAN VARGAS, 51st Con- best country in the world, a place I President’s decision to rescind DACA gressional District, would like me to would call my home, and yet I didn’t will lead to less people becoming teach- read a statement from a constituent, even know it. ers. He said that he believes ‘‘there is former intern, and a DREAMer: ‘‘Fast-forward 27 years later, and something good in all of us.’’ Oswaldo My name is name Jacqueline Olivares. I today my family sit here in deporta- deserves to continue to fulfill his was brought to the United States at age 2. tion proceedings, given 45 days to pack dreams in his community. Now, you know, age 2. up their lives and leave. The past few Gustavo, also from Sac State, came I was raised in San Diego and never felt weeks have been the most painful, fear- to the United States at the age of 7 different from anyone else. I speak the lan- ful, helpless, and hopeless days of my with his brothers and parents. guage and know the culture. I knew I had no life.’’ He said: ‘‘I am happy to say that my parents’ courage and willingness to papers, but I never really knew what that b 1615 meant. I didn’t realize the importance of risk it all for their children’s future those documents until I wanted to go to col- ‘‘My parents and sisters are being de- was worth it.’’ lege. ported, and I most likely have a few Gustavo recently graduated from I always knew I wanted to move forward months left before I will be deported as Sacramento State with a bachelor’s in with my education. I was an avid student in well. I am considered a DREAMer, psychology and a minor in counseling high school and was always encouraged to probably one of the oldest DREAMers apply to universities because I had the and would like to pursue a master’s de- grades to compete. Then my parents told me in the United States; had my oldest sis- gree. Gustavo said: ‘‘We as DREAMers that it wasn’t a possibility. I realized I was ter been eligible, she would have been are here to build a better society, to different. I would always ask myself: Why the oldest of us DREAMers. change the cycle of our family’s strug- me? But when DACA was announced in 2012, ‘‘However, I was the only one of the gles, to better ourselves, to help build it gave me relief. I am proud to call myself three to be granted protection with bridges amongst society and to be edu- a DREAMer. DACA, and now my family has been or- cated individuals with the hunger of Jacqueline says: dered to leave the United States with a striving for a better tomorrow.’’ I am proud to call myself a DREAMer. 10-year ban on reentry.’’ Another from Congresswoman MAT- DACA gave me hope, opportunity, and moti- The 10-year ban on reentry—you are SUI. Jesus is a DREAMer and DACA re- vation, and that won’t be taken away. probably familiar with this, Mr. Speak- cipient from Sacramento who was My name is Jacqueline Olivares, and er—this 10-year ban is just deadly. brought to this country by his mother DREAMers are American, too. ‘‘I can’t separate from my family and at the age of 8. He is also a full-time I thank Mr. VARGAS for that. have them do this on their own. My English professor at Sacramento City Another one, from KEITH ELLISON family and I are one cohesive unit— College and part-time lecturer at Sac- from Minnesota: family always stick together, it’s what ramento State University. Itzel came to the United States when we believe in, so there is no choice but He has devoted himself to the class- she was only 15 years old. Despite ini- to go with my family, to help each room, oftentimes working with young tial language difficulties, she worked other reconstruct what we built here DREAMers. hard and graduated from high school over the last 27 years. At this point, I He said: ‘‘I am honored to have the with honors. She completed one semes- don’t know what to do. What am I sup- opportunity to teach the youth of my ter of college after high school, but posed to do? We have exhausted all of community, to empower the reentry economic difficulties forced her to our options and met failure at each students, and to help improve the cul- focus on work instead. end. All I can do is leave it in God’s ture of both local campuses who gave However, when she was granted hands, pray for strength and guidance, me an education.’’ DACA in 2012, she got a better-paying and hope my prayers are heard with a Juana from Congresswoman MATSUI’s job, was able to go back to college, and miracle. district: ‘‘DACA has allowed me to feel graduated with honors. The last 2 ‘‘I understand that there are those protected from being deported, to feel years, Itzel has been working for the who commit horrible crimes and accepted and acknowledged in this State of Minnesota as a senior court shouldn’t be given the opportunity to country we grew up in and love. My clerk. She bought a house and supports stay. However, for us as a family, we DACA status has provided me the op- her family. didn’t do anything to harm our coun- portunity to pursue my dreams like The week before DACA was termi- try. We went to school, educated our- many other people. nated Itzel applied for a job as a proba- selves, had good jobs, pushed our lim- ‘‘Thanks to DACA, I was able to work tion officer, her dream job, a probation its, helped others, are great Samari- and go to school. I just recently grad- officer. But the elimination of DACA tans’’—there we are with great Samari- uated from Sacramento State, this now makes that goal appear impos- tan again—‘‘pay and paid our taxes, spring 2017, with my B.A. in sociology. sible. and strive to better ourselves and our I graduated from high school in 2006 Itzel was also planning to start a country and the community we live in. and had to put my dreams aside be- master’s degree in criminal justice ‘‘As for my family and I, no matter cause I was not able to continue my next semester. That, too, now seems the distance, no matter the 10-year education; but once I got DACA status, impossible. ban, no matter what . . . our heart and I was able to go to a university. Now Itzel told me, ‘‘I don’t want to go spirit will always be here in the United that I just graduated and would like to back to dreaming of a better future. I States.’’ start my career, it would be horrible if want to be part of a better future for ‘‘ . . . the place I call home. I have my status was rescinded. me, for my family, and for my coun- spent the majority of my life here, and ‘‘I’ve been in the U.S. for 27 years. I try.’’ it has shaped me into the woman I am have never left America. I was born in Again and again, for our country. now.’’ Mexico but have no clue what it is like. I thank Mr. ELLISON and Itzel. These people are being deported, and The only place I know is California. From Congresswoman MATSUI of that is why we need to have com- This is my home and all I know.’’ California, acknowledged earlier, an prehensive immigration reform to ad- From Representative LOFGREN, whom unnamed DREAMer from her district dress the bigger issue. But we can do I mentioned earlier, who has been such says: ‘‘September 1990 my life would something today to at least make a champion on the Judiciary Com- change forever.’’ whole the children. mittee on this, a former chair of the

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.081 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H953 Immigration and Border Security Sub- medical engineering major from Geor- In every one of these letters there is committee. She has taught immigra- gia Tech, and they have 3.6 GPA and 4.0 gratitude back to the United States for tion law. She has been an immigration GPA? Thanks to DACA, they have been what it has done for these people. lawyer. She knows it all. She has just working as computer engineers for a There is no sense of entitlement. It is been a tremendous leader and very Fortune 500 semiconductor company. all about working hard and paying dedicated advocate and champion. Jhon received DACA in 2012, while he back. That is why if we can just do this She submits this from Ms. Mandy was still a student at Georgia Tech. He piece which has urgency to it because Lau: ‘‘I wanted to take a moment to then worked for 2 years as a researcher it has a timetable that the President express my frustration with the repeal in a biomedical engineering lab at has put forth, just doing this piece of DACA. As an educator, I have seen Georgia Tech researching glaucoma, a would be the smart thing to do, to find how DACA has improved the lives of leading cause of blindness. In 2014, a solution that then builds trust in a the students and families in our com- Jhon graduated from Georgia Tech bipartisan way with transparency and munity here in San Jose. DACA has with a major in chemical and biologi- openness as to what it actually is been a resounding success, and this ad- cal engineering with highest honors— about. That is why we want people to ministration should not end this cru- highest honors in chemical and biologi- know this is who these people are. That cial program. Nearly 800,000 young men cal engineering from Georgia Tech. He is why they are called DREAMers. and women have been able to con- is now working as a process engineer That is why the name has persisted. tribute to their communities, to work, with a Fortune 500 company, too. We have been the country of the go to school, and to live their lives Both have written letters. Nelson American Dream forever. Yes, I agree without fear of being ripped away from wrote: ‘‘To me, DACA means an oppor- with the President. We are all DREAM- their families and from a country they tunity to be able to live my dreams and ers in America. This is part of the fu- consider home. contribute to society in ways that I ture. Of course, I think of my grand- Ms. Lau, Mandy that is, went on to could not have imagined. DACA means children as the future. They didn’t say: ‘‘Recently, I held a crying student that one of my life goals, owning my have to face the struggles that these who was disheartened that although own company, could be a possibility in young people are facing. God bless she worked hard to maintain her 4.0 the future. DACA means a chance. them for their courage to make the GPA throughout high school, fought DACA means the American Dream.’’ struggle, but it is, again, faith, family, stereotypes of gang affiliation, and re- Jhon wrote: ‘‘I consider an American faith in the future, faith in America, sisted negative influences to create to be someone who loves and whole- faith in themselves, faith which gives heartedly dedicates themselves to the better opportunities for herself and her people hope, hope because they have development of this country. From age family, there would also be a possi- faith in the kindness of others. Faith, 9, I have made the United States my bility that her dream of attending col- hope, charity, and hope is right there home, and it has made me the man I lege would no longer be an option. She in the middle. am today. I proudly call myself an I think that people who have hope, asked me how this was possible in the American.’’ much of it springs from their faith, and land of the free, how quickly an oppor- As I read some of these stories, you these clearly are people of great faith. tunity could be stripped from a person hear a recurring theme. Again, it is a That is why the Conference of Catholic with ambition, hopes, and dreams. theme about honoring the vows of our Bishops welcomes them. That is why DACA has given these young adults a Founders for a new order for the ages the evangelical community speaks so lifeline and hope for the future. Ending that every generation would take the clearly and passionately about the the program would be devastating for responsibility to make the future bet- need to protect them. DREAMers and their families. Without ter for future generations. That is ex- These are precious gems. They are DACA, these 800,000 DREAMers would actly what the families of these absolutely outstanding, and they write be subject to deportation to countries DREAMers did. their stories so eloquently that noth- they may not even remember and no Family members took risks, had ing any of us can say about the subject longer able to work legally to support courage, hope, optimism, and deter- is to even compare to the power of themselves and their families’’—in the mination to make the future better for their stories. place they call home, Mandy says. their families. Doing that for their For example, Johana was brought to ‘‘I have spent the majority of my life families, they were doing that for the United States from Venezuela when here. It shaped me into the woman I America, too. she was a child. She grew up in Boul- am.’’ You see such a similarity to previous der, Colorado. She played in her high So I thank the lady very much. These generations. I see it as an Italian school softball team, played viola in are beautiful, beautiful statements American—education, education, edu- the orchestra, and dreamed of becom- from some of these DACA recipients, cation, the key to upward mobility. ing a doctor. from our DREAMers, but it is even be- Talent, talent, talent, but not under- Here is what Johana said about her yond those who are recipients. utilized; educated to reach its full po- childhood: ‘‘I’ve become a Boulderite in Two brothers, Jhon Magdaleno and tential to reach the aspirations of all aspects of that word. That town, Nelson, his brother. Let me tell you these young people to do so in a way with those beautiful mountains, is about Nelson and Jhon. These brothers that is about giving back. truly my home.’’ In 2011, Johana grad- came to the United States from Ven- What you see here is what our fami- uated from the University of Colorado ezuela when Nelson was 11 and Jhon lies were all about that had come be- at Boulder with a double major in mo- was 9. They are both honor students at fore, that idealism and hope springs in lecular, cellular, and developmental bi- Lakeside High School in Atlanta, Geor- optimism and aspirations of immi- ology and psychology neuroscience. gia. Here is a picture of Nelson. grants coming to our country. That is They are so talented. But after grad- Jhon served with distinction in the why I always say that we are a great uating from college, Johana was unable Air Force Junior Officer Reserve Corps. country because we are constantly re- to pursue her dream of becoming a doc- He was the fourth highest ranking in a invigorated by immigrants coming to tor because she was undocumented. 175-cadet unit and commander of the our country. Their courage and com- Then in 2012, with DACA, she heard Air Honor Society in his unit. Here is a mitment to the American Dream which that Loyola University in Chicago picture of Jhon in his ROTC uniform. drew them here in the first place would accept students who had re- They went on to both become honor strengthens the American Dream. ceived DACA into its medical schools. I students at Georgia Tech University— These newcomers with all of that thank Loyola University and the Uni- Nelson in computer engineering, Jhon hope and aspiration make America versity of Chicago. in biomedical engineering with a 4.0. In more American when they come here. Like many States across the coun- 2012, he graduated from Georgia Tech That is why our country will not stag- try, Illinois faces a shortage of physi- with honors. nate. That is why our country will con- cians in some communities. The Loy- Do you understand being graduated tinue to blossom, to respect our tradi- ola University DACA program sees this with honors from Georgia Tech in com- tions, our past, and our sense of com- as an opportunity to address the prob- puter engineering, and Jhon in a bio- munity. lem. The State of Illinois has created a

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.082 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H954 CONGRESSIONAL RECORD — HOUSE February 7, 2018 DACA loan program. Under this pro- the opportunity to do what I love to do DREAMer from his district, a Cana- gram, Loyola DACA med students can and to give back to the country that dian. receive loans to help cover the cost of has given me so much.’’ This is from TED LIEU. I thank him their medical education. For every Will America be a stronger country if for being here. year of loans, the DACA student must we deport Everardo Arias and others To TED LIEU, a testimonial from Rep- work a year in a medically underserved like him? Of course not. resentative LIEU’s district: area in Illinois—again giving back. This is from Congresswoman DIANA My name is Nicole, and I am a student at DEGETTE, who is with us. This is her UCLA. My parents brought me to the United b 1630 story from Colorado: States when I was 3 years old. Last fall, Johana went to med school Marco Dorado was born in Mexico For the 16 years that I have lived in the at Loyola. After graduating, she will and moved to Denver’s Globeville United States, I grew up like any other U.S. neighborhood at the age of 3. After at- citizen. I finished my K–12 schooling, and I stay in Illinois and help serve parts of volunteered around my community. Illinois that have a shortage of doctors. tending Thornton High School as a stu- For my first year of college, I was fortu- This is, of course, one of Senator dent in the International Bacca- nate enough to receive a substantial amount DURBIN’s constituents. laureate program, Marco attended the of financial aid from both UCLA and the Here is what Johana had to say: University of Colorado Boulder and California Dream Act. This aid alleviated my ‘‘When the year 2012 came along, my graduated as student body president parents from the fiscal burden of paying for life changed. My dreams of becoming a with a degree in finance. college. Although my tuition was covered, my par- doctor became a possibility again be- During his time at University of Col- orado, Marco received DACA, which ents still had to pay out of pocket to cover cause of DACA. I am now able to apply the expense of living on campus. The schol- to medical internship programs, take has allowed him to begin his profes- arship money I received for my sophomore the medical school entrance exam, and sional career while contributing back year was steadily decreased, which means apply to medical school, all because of to his community. Currently, Marco is there was more pressure on my parents to my DACA status. DACA has defined my the program coordinator for the Latino keep up with the growing cost. path. DACA has relit a fire within to Leadership Institute at the University To lighten this load, I acquired a full-time of Denver. summer job. I have become dependent on my succeed and to continue to pursue my job and my paycheck to pay off my school, dreams.’’ It is a beautiful story, once again demonstrating not only a commitment but how do I remain debt free if DACA is re- Will America be a stronger country if scinded? we deport Johana? I don’t think so. to education, but a commitment to Terminating DACA would turn my world This is Everardo Arias. Everardo was give back, become doctors, whatever, upside down, it will undo the progress I have brought to the United States from but leadership. Every one of these has made at UCLA and challenge my access to Mexico in 1997 when he was 7 years old. leadership, whether it is leadership in higher education. Just imagine these adorable children. the student government, leadership in Nicole goes on to say: He grew up in Costa Mesa, California, community activity, leadership on the Although I am grateful for the opportuni- and was an excellent student. He sports field, leadership in every pos- ties I have been given under DACA, like a dreamed of becoming a doctor. sible way in extracurricular activities Social Security number and relief from de- and the rest. Certainly, Marco has portation, I cannot reconcile that the very A doctor, again. government I one day hope to work for con- It was not until he applied to college demonstrated that trait typical of our DREAMers. tinues to exclude me from living the Amer- that Everardo learned that he was un- ican Dream. We have been joined by TED LIEU documented. He was accepted at the The President and U.S. legislators need to University of California, Riverside, but from California and Ms. BORDALLO look beyond their biases and stand up for the because of his immigration status, from Guam. I think we have acknowl- children who have continuously pledged alle- however, Everardo didn’t qualify for edged so many Members who have giance to the only country they have ever any Federal assistance. come and gone. I thank them all for called home. When Everardo was a sophomore, he their ongoing support of our DREAM- I thank TED LIEU for Nicole’s beau- met with a counselor, who told him he ers. tiful story. This is from an unknown DREAMer had no chance of becoming a doctor be- Mr. LIEU also submitted testimony to BRAD SHERMAN. It says: ‘‘I am writ- cause he was undocumented. But from Martin. Martin says, Mr. Speaker: ing this letter to you because I am Everardo didn’t give up on his dream. My name is Martin and I grew up in an un- fearful of what might happen next. I documented household. When I was in grade In 2012, he graduated from the Univer- am a Canadian who was brought here school, I loved listening to the news with my sity of California, Riverside with a when I was 11 years old. I am 28 now father. It became a daily routine to tune in chemistry major and research honors. and DACA has allowed me to come out to Univision or television after both of our Shortly after he graduated, DACA days of work. of the shadows.’’ It was extremely difficult for me to com- was established. He received DACA. He You hear that expression, ‘‘come out worked for a year as a mentor for at- prehend many issues discussed on main- of the shadows.’’ stream news, mainly because I generally risk students in his hometown of Costa ‘‘I have worked hard my whole life. I Mesa. The following year, through didn’t understand the content. However, one am a senior at UCLA majoring in civil particular word was mentioned almost every AmeriCorps, he worked as a health ed- engineering. I am an engineering in- day, ‘‘deportation.’’ ucator with several local clinics. He tern at the City of Stanton, and I also I had asked my father what it meant, but gave classes to hundreds of people in work at an animal emergency hospital he refused to answer, and so did my mother. both English and Spanish on topics on weekends. I often time go weeks After hearing the cold, hard truth from my teacher in grade school, I felt vulnerable for ranging from diabetes to family nutri- where I do not have a day off.’’ tion to depression. the first time in my life. I love this recurring animal assist- As I grew older, I became more and more During his year as a health educator, ance, too, that we hear. concerned. I walked to school every day wor- he applied and was accepted in medical ‘‘All I ask for is a fair shake, and ried that my parents might unexpectedly be school. He is currently in his first year with this new administration, I fear I taken away from me. at the Loyola University Chicago won’t be given that. I am not a crimi- How many times have we heard that School of Medicine. In his free time, he nal. I am not a danger to my commu- story? volunteers at a local clinic. He takes nity, nor am I someone trying to take Two hardworking parents that had lived time to teach medical Spanish to some advantage of public benefits. I am a and contributed to this country for more of his classmates. victim to a situation I had no say over. than 30 years might be forcibly removed Here is what he had to say about I want to do my share: pay taxes, in- from the United States. Now, I have never DACA: spire others, and any other help I can felt more fearful for the future of my family. ‘‘DACA changed my life. It opened provide. That word ‘‘fear’’ is terrifying, tears the door to the future ahead of me. If ‘‘Congressman, thank you for your in the eyes of the Statue of Liberty, it weren’t for DACA, I would not be time and for listening.’’ fear in the hearts of people who should here and I probably would not have I thank BRAD for submitting this en- be able to just make their contribution pursued medicine. I’m blessed to have thusiastic statement from an unknown to our country.

VerDate Sep 11 2014 02:41 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.084 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H955 HAKEEM JEFFRIES submits this testi- You have heard that sentence over Just 1 month after she graduated, mony from Ashelle. and over. President Obama announced the DACA Let me just once again thank my col- And although he grew up in New Jer- program. After she received DACA, leagues for being here. I wish you could sey, he would have been required to Karen found a job as a paralegal in a be reading these stories. I feel very pay out-of-state tuition. As a result, law firm in Chicago, where she has privileged to be reading so many of Pablo couldn’t afford to attend Rutgers been working for the last 2 years. This them, but the rules are that I cannot and instead enrolled in community col- fall, she will begin law school. yield on the special 1 minute. lege. Because he had taken college How about that? This is Ashelle King’s story: ‘‘I came courses when he was in high school, But if the House of Representatives to the United States from St. Lucia in Pablo was able to complete a 2-year as- have—if we could pass this bill, she the Caribbean at the age of 7, and I’ve sociate’s degree in only 1 year. would be able to attend law school and been living in Brooklyn for 16 years. I With his associate’s degree, Pablo become an attorney. Instead, she could currently attend Baruch College, where was able to transfer to Kean University be deported back to Mexico, a country I pay tuition out of my pocket by in New Jersey. In 2011, Pablo graduated she hasn’t lived in since she was a tod- working because I am not eligible for at the top of his class with a major in dler. certain types of aid for school. biology, summa cum laude. He received Here is what Karen had to say: ‘‘I am studying computer informa- an award for the highest grade point ‘‘DACA represents the values and her- tion systems and political science, and average in the biology department. He itage of this country of immigrants; it I want to apply my studies to help peo- was on the dean’s list every semester of was the right thing to do, and it has ple. I try to be involved in the commu- college and was a member of the honor changed my life by replacing fear with nity, which is why I interned in Mr. society Phi Kappa Phi. hope. This executive action gave me an Jeffries’ office.’’ After graduating from college, he was overwhelming sense of relief and hope. I again thank Mr. JEFFRIES for this unable to pursue his dream of becom- It lifted me from the shadows.’’ I just want to repeat her first sen- testimony. ing a doctor. Instead, he worked in a tence: ‘‘DACA represents the values ‘‘I felt like Mr. Jeffries had a real variety of manual labor jobs. Then, in and heritage of this country of immi- connection with the people, and I want- 2012, President Obama established grants; it was the right thing to do, ed to learn how I can assist and give DACA. Pablo heard that Loyola Uni- and it has changed my life by replacing back in that regard. Hopefully, I will versity of Chicago accepts students be graduating in the spring. I don’t fear with hope.’’ that receive DACA. Now, will America be strong if Karen want to be fearful of not graduating or Like many States across the coun- of leaving school because DACA ends. is deported? try, Illinois faces a shortage of physi- No, I don’t think so. ‘‘Fixing DACA is important to me be- cians in some communities. Loyola This one is from Representative FOS- cause I would not have been able to University’s DACA program is an op- TER. Mr. FOSTER is also from Illinois, work if it weren’t for DACA. Because I portunity to address this problem. and this was his State of the Union have a working permit, I am able to I have described this problem again guest, Ana Campa Castillo. She is a pay for school and be exposed to more and again, but let me say the State of student at Joliet Junior College in Jo- things in the U.S. You know, I’ve been Illinois has created a DACA loan pro- liet, Illinois. Ana is a graduate of here since a very young age, so I don’t gram. Under this program, Loyola’s Bolingbrook High School and is cur- know much about St. Lucia. I grew up DACA med students can receive loans rently pursuing an associate’s degree in Brooklyn. I know more about Brook- to cover the costs of their medical edu- in psychology at Joliet Junior College. lyn, and I want to stay here.’’ cation. For every year of loan, the stu- She serves as the vice president of I know that is music to the ears of dents must work for a year in a medi- Latinos Unidos, one of the largest stu- HAKEEM JEFFRIES, who is always brag- cally underserved area in Illinois. dent organizations. ging about Brooklyn. And, by the way, I said that earlier, but I just want I had the occasion to meet her when so is the Democratic leader in the Sen- people to know how creative people Representative FOSTER brought her to ate. Mr. SCHUMER is always singing the have become in not only helping edu- the State of the Union. I wish more praises of Brooklyn. cate, alleviate the cost, but serve the Members of Congress could meet more This is from Mr. DURBIN. This is community. of these DREAMers. Pablo da Silva. As a result, some of the best and Aren’t you impressed by the cumu- Pablo was brought to the United brightest students in the country have lative effect that they are making on States from Brazil in 2001, when he was come to Loyola to get a medical edu- our country, each of them with their 13 years old. He grew up in New Jersey. cation. They will stay in Illinois to individual contribution to the great- Here is what Pablo has to say about his help serve parts of the State that have ness of America? childhood: a shortage of doctors. So exciting. I am so proud of them. ‘‘The same as every other kid grow- Representative POLIS’ State of the b 1645 ing up in the U.S., I attended middle Union guest was Anarely, a student at school, pledged allegiance to the Amer- And then more on Pablo. Last fall, the Colorado State University in Fort ican flag, and sang the national an- Pablo da Silva began med school at Collins. She was a guest of JARED them. As I grew older, I came to under- Loyola. He is pursuing his dream to be- POLIS. Anarely was born in Chihuahua, stand that one thing about me differed come a cardiothoracic surgeon. This is Mexico, and came to the United States from my classmates. I was undocu- what he had to say: ‘‘DACA has allowed when she was a young child. Her family mented. However, my parents always me to fulfill my long-lasting aspiration stayed in Colorado to care for her taught me to see barriers as a measure to pursue a career in medicine. It has grandmother, who suffered from breast of perseverance and an opportunity to truly changed my future, and for that, cancer. thrive.’’ I’m truly grateful. I’m eager to con- Anarely has flourished in Colorado, Pablo was an excellent student. He tribute my share to the country I call graduating high school with a 4.3 GPA, dreamed of becoming a doctor. During my own.’’ where she participated in Reserve Offi- high school and college, Pablo volun- Thank you, Pablo. cers’ Training Corps. She went on to teered at a nursing home every week. This is Karen Villagomez. Karen was thrive at Colorado State University, He also was a member of a group called brought to the United States when she triple majoring in political science, Doctor Red Nose. Pablo and other was only 2 years old. She grew up in ethnic studies, and international rela- members of the group would dress up Chicago, Illinois. She is an outstanding tions. as clowns and visit hospitals and nurs- student and interested in public serv- I thank Representative POLIS and ing homes to cheer up patients and ice. In May 2012, Karen graduated from Representative FOSTER for their very healthcare providers. the University of Rochester in New distinguished guests at the State of the Pablo was accepted at Rutgers Uni- York with a major in political science. Union address. versity, but because he was undocu- She is the first person in her family to I did mention to the President, when mented, he didn’t qualify financially. graduate from a 4-year college. I welcomed him to the Capitol, that we

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.086 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H956 CONGRESSIONAL RECORD — HOUSE February 7, 2018 had many DREAMers and supporters of man LOU CORREA at the State of the conference that we had before the DREAMers in the audience here, also Union. Leslie Martinez is a freshman in State of the Union. I made a joke with supporters of fairness for Mexico. So I college who is passionate about her GERRY CONNOLLY because somebody hope we are doing better as far as our studies. She was brought to the United there referenced him as Congressman negotiations go in terms of Puerto States at the age of 2. Growing up, she Cannoli. So I welcomed him with great Rico. was alone most of the time due to her pride of being an Italian American, but I see we have been joined by Con- parents always working, but this al- he is Connolly. gressman MARK DESAULNIER from Cali- lowed her to become independent at a Nicolle moved to the United States fornia. Thank you for being here, very young age. from La Paz, Bolivia, at the age of 1 MARK, as well. She found out she was undocumented with both of her parents and her sis- Arisaid Gonzalez Porras was a guest during middle school, when she was ters. For her entire life, she has lived of RAU´ L GRIJALVA. Arisaid came to the trying to apply for a scholarship but here. The United States is her home. United States in 2000 from Mexico and needed a Social Security number. Nicolle grew up living the American currently resides in Arizona. That is Luckily, DACA came around during Dream just like any other American the State that RAU´ L GRIJALVA rep- her high school years, opening several citizen. She celebrated the same tradi- resents in Congress. opportunities for her, such as an in- tions, ate the same food, enjoyed from Arisaid is a freshman at Georgetown ternship at UCI Medical Center, where the same activities as any of my other University. As a first-generation stu- she—that would be University of Cali- friends. Throughout her education, she dent, she relied on the help of coun- fornia, Irvine—where she was able to has always been a good student and al- selors and teachers to help apply to shadow medical professionals, and it ways very active with not just school college. Growing up undocumented, she opened up her love for the medical activities, but also with the commu- lived in fear of what would happen to field. nity. She has been a Girl Scout since her and her family. In her first semes- DACA also made her college applica- the age of 4, she has played both soccer ter in college, Arisaid has become more tion a smooth process. Now she is a and volleyball for many years, and now outspoken about her status as a DACA freshman in college and is passionate as a high school student. Nicolle spent recipient and became an advocate for about, again, her studies. She attends many hours volunteering in the com- the rights of the undocumented youth. the University of California, Irvine, munity and getting involved with orga- As a student with the privilege to go and is majoring in chemistry. Leslie to school right in the center of politics, nizations such as the DREAM Project, hopes to attend medical school after LULAC, UnidosUS, and many more. she plans to continue her advocacy college in hopes of becoming a general until Congress passes DREAMers legis- After finding out that she was undocu- surgeon or a pediatrician. mented, she thought all her hard work lation. Again, doctors, doctors, doctors. and effort was for nothing. But then, Hopefully, Arisaid, that will be very Maybe she could find out about Loyola thanks to President Obama, she was soon. University School of Medicine. Maybe able to apply for DACA. Here are some testimonies from she will have many more options by And she told her story very bril- other Members of Congress. Leticia then, hopefully, when we pass this leg- liantly at our press conference before Herrera-Mendez is a student at Cali- islation. fornia State University, San Karen Bahena was a State of the the State of the Union. Really, if you could hear them tell Bernardino she was a guest of Con- Union guest of Congressman SCOTT their own stories, there is a great hu- gressman PETE AGUILAR from Cali- PETERS. Karen lived in Cuernavaca, fornia at the State of the Union ad- Morelos, Mexico, for 8 years, until 2001, mility about conveying their stories to dress. Congressman AGUILAR is a co- when her family migrated to San you. Because when you see them and sponsor with Congressman HURD from Diego. Thanks to DACA, Karen has they tell their stories and the passion Texas of the legislation that has strong been able to graduate college with a and the pride and just the patriotism— bipartisan support in the Congress and degree in public health and nutrition passion, pride, patriotism—that they one bill that we would hope that the at San Diego State University, find demonstrate, you will see why anyone, Speaker would give us an opportunity work as a research coordinator at the who has had the wonderful experience to vote on the floor of the House. I University of California, San Diego, of being in conversation or observing thank Congressman AGUILAR. and pursue her dreams in the field of our DREAMers, understands why they Leticia Herrera-Mendez was born in medicine. She hopes to one day help have had such a high reputation among Mexico and arrived in the United underprivileged communities with the American people: some of them States at the age of 8. She is a healthcare needs. who have met them, some of them who DREAMer and a student at California God bless you, Karen. have heard about them, some of them State University, San Bernardino. Again, another example, universally, who have just caught the spark, recog- In June 2019, she will obtain a bach- giving back, giving back, giving back. nize, again, the hard work ethic, the elor’s degree in sociology and two cer- State of the Union guest of JUDY commitment to education, to commu- tificates, one in Spanish public services CHU, Jung Bin Cho and his family im- nity service, to faith, to family, to the and another in social services. She is migrated to the United States when he United States of America. It is a beau- committed to helping and spreading was 7 years old from South Korea. tiful thing. It just isn’t, let’s take a awareness about the Latino commu- Thanks to DACA, Jung Bin Cho was small number of people and try to do nity. She is an immigrant activist and able to work and save money that al- something with it. This is something is the vice president of the student or- lowed him to graduate from Virginia very, very special, and it says a lot ganization, Undocumented Advocates Tech with a bachelor’s degree in busi- about our country to be able to give at Cal State University, San ness information technology. Cur- protection in a way that has some cer- Bernardino, where she advocates for rently, he is an Immigrant Rights Fel- tainty to our DREAMers. the rights of undocumented immi- low at the National Korean American Itayu Torres is a student at Pasadena grants. Service & Education Consortium—this City College. She was a guest at the Her work and dedication to her com- is quite an acronym, NAKASEC, Na- State of the Union of Congressman munity has granted her the oppor- tional Korean American Service & Edu- JIMMY GOMEZ. tunity to serve as the California dele- cation Consortium—organizing and ad- Itayu Torres came to the United gate for Fuerza Migrante National Po- vocating for economic, social, and ra- States from Mexico as a 6-month-old litical Group and student assistant of cial justice for all, with a focus on baby. the Undocumented Student Success Asian American and Pacific Coast Is- She was completely carried into this Center at CSUSB. lander communities. His dream is to country. Again, leadership, leadership, leader- attend law school in order to help his She learned she was undocumented ship. Education, leadership, how beau- community in Virginia. when she was 14 years old and, in 2014, tiful. Thank you, Jung. became eligible to apply for DACA. Leslie Martinez is a student at UC The guest of GERRY CONNOLLY, Earning DACA protections has allowed Irvine, and she was a guest of Congress- Nicolle Uria, she spoke at our press Itayu to access a government-issued ID

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.088 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H957 card, work authorization, healthcare I want to talk about my own guest at This is from Congresswoman SUSAN and protection from deportation. With the State of the Union. I am so proud DAVIS from California. This is the DACA, Itayu had the opportunity to of her. Melody Klingenfuss. She is a story of her constituent, Itso. Itso travel across the country. She is cur- statewide organizer for CHIRLA’s Cali- says: rently studying political science and fornia Dream Network. I am so proud I just graduated from high school 3 days business at Pasadena City College and of them. And Angelica Salas heads up before Deferred Action on DACA arrivals was plans to continue her education at the organization. They have done so announced, and already been accepted to San Hood College in Frederick, Maryland. much to protect our DREAMers to ad- Diego State University. I wasn’t sure if I would be able to afford going to college. But A wonderful school. vocate for comprehensive immigration Itayu was part of the California there is some uncertainty in applying for reform. DACA, but it was a risk worth taking. Dream Network Steering Committee Melody was at our press conference. I After DACA, I was very enthusiastic to be and one day hopes to run for a seat in am proud of her. able to work, serve my community, and at- the United States Senate. Melody was born in Guatemala City, tend San Diego State University. I graduated You go, girl. United States Senate. Guatemala. After growing up without this year with a political science degree. Why not President? Well, she wasn’t pardons, she was reunited with her As a border resident, I have seen the toll born here, so she can’t be President of that harsh immigration enforcement has mother in the heart of Los Angeles taken in my community. Many times, in the the United States. when she was 9 years old. Again, Gabriela Hernandez was a midst of the rhetoric, we lose sight of the Can you just imagine. real impact that harsh enforcement has on State of the Union guest of our great She earned her bachelor’s degree in the lives of hardworking families. My work Democratic Whip STENY HOYER. communications and political science with the community is deeply rewarding. I Gabriela, 19, is a college student at at California State University, Los An- have been part of helping thousands of San Prince George’s Community College. geles. She graduated with a master of Diegans, and I have also seen the suffering She came here with her mother from El nonprofit leadership and management that many families have to go through be- Salvador at the age of 4. Her goal is to cause there are failed and inhumane immi- from the University of Southern Cali- transfer to a four-year university in gration policies. fornia. She has conducted a research the fall, study to be a social worker, I remain fully committed to continuing to thesis focused on the representation of serve my community and ensure that we and just have an opportunity to thrive. undocumented students in mass com- continue to build a movement that affords She has lived her entire life in this immigrants, refugees, and citizens alike the country, having attended schools in munication. Melody works as CHIRLA’s California Dream Network right to live with dignity in the United Prince George’s County since kinder- States. statewide youth organizer as a devoted garten. Because many family members How beautiful. These statements already live here, she doesn’t have a lot advocate for human and immigration rights. She is a DACA recipient since themselves are so beautiful. of family left in her home country. I don’t know who made that speech 2015. Her life goal is to continue bend- The country she came from is El Sal- in 1909, or other speeches competed for ing the arc of the moral universe to- vador. And the situation probably has the longest in the meantime, that was wards justice. only gotten worse there since she not my goal today. came. I just got word that the House Histo- But we have so many testimonies, In any event, I thank Mr. HOYER for rian confirmed: ‘‘You have now set the real testimony in the words of the giving us her story. record for the longest continuous DREAMers, as I say, the most eloquent speech in the House since at least b 1700 of all. 1909.’’ I wonder what that was. I did ask my staff to say that when I Mr. FRANK PALLONE, who spent a lot This is Congresswoman WATSON came to the floor earlier, I wanted to of time with us, it seems like 6 or 7 COLEMAN, who spent so much time with make sure that we were filling our 40 hours ago, in the beginning of this, he us here today. I want to read from her hours between 8 this morning and to- was with us early in the presentation, testimony. Parthiv Patel from Mount morrow night with the words to con- and his guest at the State of the Union Laurel, New Jersey. vince or the prayers to inspire. So I was Esder Chong, a student at Rutgers Parthiv is a DREAMer who has been thought when I came to the floor, I University-Newark. in the DACA program since 2012 and would be like reading the Bible, be- When Esder was 6 years old, she and graduated from Drexel University’s cause the Bible is so fraught with so her family immigrated to the States Thomas R. Kline School of Law in May many passages that take us to a higher from South Korea. Unfortunately, after 2016. place to have a conversation about the 2008 economic recession, her mom Parthiv was brought to the United human beings, all of God’s children, at lost her position working at a hospital States when he was 5 years old and has a higher place. and they lost their legal status. Esder lived in the United States continuously Again, referencing the 40 days in the first realized the implications of hav- since then. Old Testament, the 40 years in the ing an undocumented status when her He was admitted to the New Jersey desert in the New Testament, the 40 mom got into a bike accident. It was State Bar on January 24, 2018. days, the Gospel of Matthew, which is an emergency situation and she needed Congratulations, Parthiv. so, so beautiful in terms of its inspira- treatment. However, because they were He was previously admitted to the tion. uninsured, she treated herself through Pennsylvania State Bar on December But I know that many people quote home remedies and prayer. Fast for- 18, 2017. He is the first DREAMer ad- the Gospel of Matthew many times. ward one decade, Esder is now a sopho- mitted to the New Jersey and Pennsyl- But they always just quote the first more at Rutgers University-Newark on vania bars. part where they talk about when I was a full ride thanks to private, external When Parthiv’s DACA status expires hungry. In the Gospel of Matthew, scholarships and donors, including on August 9, 2018, he could be deported most people know when a person comes thedream.us and twenty others. She from the only country he knows and before the Lord, he says: We have a currently serves as the founder/presi- ripped away from his family. Even if he place for you in Heaven, for when I was dent of RU Dreamers, a Rutgers Uni- is not picked up for deportation, with- hungry, you fed me, when I was versity-Newark student organization out work authorization or legal status, thirsty, you gave me a drink, when I that advocates for undocumented stu- his employment options and his ability was naked, you clothed me, when I was dents’ rights to higher education. to put his law degree to use serving the in prison, you visited me. That whole Esder is also a student-athlete com- community will also be substantially list of corporal works of mercy. peting for the Rutgers University-New- limited. And then the person says: When did I ark cross country/track and field team Parthiv wants to make sure White do this, Lord, I didn’t see you? And and the news editor for Rutgers Uni- House Chief of Staff Kelly knows that then the Lord says: When you did this versity-Newark Newark newspaper, the he is far from lazy—he should just look for the least of my brethren, you did it Observer. at his college and law school records. for me. How many hours does Esder have in a Thank you, Congresswoman BONNIE Okay, I am just going to read it right day? I would like to know. WATSON COLEMAN. from the Bible here. So that was the

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.090 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H958 CONGRESSIONAL RECORD — HOUSE February 7, 2018 first part. But the very first part of it humanity, He enabled us to participate periods of political instability and is: in His divinity, that spark. So we re- bleak futures. In 1999, at the age of 6, ‘‘But when the Son of Man comes in spect it in people, but we have to also following an economic crash, hyper- His glory, and all the angels with Him, recognize it in ourselves and the re- inflation, and a coup d’etat, my mother He will sit on His glorious throne. All sponsibility it carries with us. began making plans to move to the the nations will be gathered before So I choose to go back to a place United States. Him, and He will separate the people where we had a much better reception ‘‘By August 2001, I arrived in New one from another as a shepherd sepa- all over Washington, D.C., for loving York City, and we settled in Queens. I rates the sheep from the goats. He will the DREAMers and wanting to get the was quickly enrolled in public school. I put the sheep on His right, the goats on job done for them. Because in address- learned English within a year, and I His left. ing their needs, we are talking about blended in with the rest of the chil- ‘‘Then the King will say to those on who we are as a nation. dren. But I was always aware of my His right’’—the King being the Lord, I have another statement from status, and I quickly learned how long the Son of Man—‘‘ ‘Come, you who are BONNIE WATSON COLEMAN. It was her and how extremely difficult any real blessed by my Father; take your inher- birthday yesterday, so she will have immigration reform in Congress would itance, the Kingdom prepared for you about two or three statements today. be. By 2011, at 17 and after another since the creation of the world. For I She talks about the Velez sisters from fresh defeat of the DREAM Act, I faced was hungry and you gave me some- Burlington, New Jersey. the devastating feeling of being denied thing to eat, I was thirsty and you gave The Velez sisters came to the United the opportunity of accepting scholar- me something to drink, I was a strang- States at 4 and 9 years old, respec- ships and student loans that effectively er and you invited me in, I needed tively, with their father fleeing the denied my shot at the colleges of my clothes and you clothed me, I was sick Chavez regime in Venezuela. choice. Yet I continued, attended Hun- and you looked after me, I was in pris- Daniela has earned two associates’ ter College where all I wanted to do on and you came to visit me.’ Then the degrees in engineering and business ad- was study government and politics. righteous will answer Him, ‘Lord, when ministration from Rowan College in ‘‘Shortly afterwards, President did we see you hungry and feed you, or New Jersey. She is now pursuing an un- Obama’s announcement of DACA was thirsty and give you something to dergraduate degree in business admin- almost miraculous. I thought I could drink? When did we see you a stranger istration at Rutgers Business School finally step out of the shadows, no and invite you in, or needing clothes while she works full time for the New longer with fear but with excitement. I and clothe you? When did we see you Jersey Business and Industry Associa- then entered the workforce imme- sick or in prison and go to visit you?’ tion. diately and found myself employment The King will reply, ‘Truly I tell you, Daniela also cofounded a business in one of the leader wine retailers in whatever you did for one of the least of that sells take-home kits for physics the country, where I still work today. I also entered an internship with the dis- these brothers and sisters of mine, you labs in Rowan College. trict office of Congresswoman Malo- did for me.’’ How many of us could do that? ney, which further cemented my belief This is the part that I really find The kits allow students who can’t at- that good government is one that helps challenging and we should all pay at- tend college lab courses to take an on- people. The high cost of living in New tention to. line version at home. York and the strains of paying tuition ‘‘Then He will say to those on His Alex is awaiting word this spring on out-of-pocket still brought great chal- left, ‘Depart from me, you who are college acceptance at Camden County lenges, but with DACA I felt that any- cursed, into the eternal fire prepared College, with her dreams to be a vet- thing was possible. for the devil and his angels. For I was tech. But without valid DACA status, hungry and you gave me nothing to ‘‘Now that DACA is on its last Alex won’t be able to legally drive, at- breaths, I have no doubt that the cour- eat, I was thirsty and you gave me tend the vet-tech program, or work. age and hope it has given us will carry nothing to drink, I was a stranger and Alex said in an article with CNN: ‘‘In us on until we all take our oath of alle- you did not invite me in, I needed all honesty, it is scary to think about giance.’’ clothes and you did not clothe me, I leaving,’’ she said. ‘‘My mom cried for So beautiful. Thank you, Diego de la was sick and in prison and you did not the first time since we talked about Vega. look after me.’ They will also answer, our situation. She’s a positive person From Congresswoman YVETTE ‘Lord, when did we see you hungry or and is hoping that something good will CLARKE, another proud Brooklyn Rep- thirsty or a stranger or needing clothes happen for us.’’ resentative. She was here before, but I or sick or in prison and did not help b 1715 thank Congresswoman CLARKE. you?’ He will reply, ‘Truly I tell you, Joel Perez Hernandez is a New York whatever you did not do for one of the Unfortunately, if the President public school graduate and proud New least of these, you did not do for me.’ doesn’t extend DACA protections, they Yorker whose parents brought him to Then they will go away to eternal pun- said they will be forced to leave. Brooklyn as a young child. In Sep- ishment, but the righteous to eternal Daniela recently told CNN: ‘‘If DACA tember 2015, his Deferred Action was life.’’ ends, I will leave with Alex. I will close expiring. He set an appointment to So it is not just what we do to take my business, leave work and school.’’ renew his status and was beginning to the opportunity to help and feed and That is why we have to pass a bill, save his money to pay for the associ- clothe, it is what we do not do that the and that is why I would hope that the ated fees. judgment was made about. Opportuni- Speaker of the House would honor the Around this time, a small family ties missed. House he is Speaker of by giving us a emergency arose among his mother and As I said earlier, to minister to the chance to vote on a DREAMer bill, a her family in Mexico. With a fatal mis- needs of God’s creation—and we are all bipartisan DREAMer bill on the floor understanding of the protections af- God’s creation—is an act of worship. of the House. forded by DACA, he and his family de- To ignore those needs is to dishonor CAROLYN MALONEY is with us. I thank cided he was in the best position to the God who made us. Very clear in the her for this testimony. It is about travel to Mexico and still be allowed to Gospel of Matthew. Diego de la Vega. Diego is a DREAMer return to the United States. As people of faith, as we all profess to who is an intern in Congresswoman Unfortunately, he and his family did be, and we believe—I mean, a faith is a MALONEY’s office and was the Congress- not have a strong understanding of how gift, but we do believe that we are all woman’s guest at the State of the our immigration system currently God’s children—whatever we are, we Union. Here is his story. works. As a result, 2 years after the are all, whatever it is. We are all God’s ‘‘Our family history traces genera- Senate voted to protect DREAMers, children, we are all created in the tions of Ecuadorians since the early Joel is now stuck in Mexico, a country image and likeness of God, we all carry decades of the republic. Immigration that he does not know, with his a spark of divinity. When Christ came was not common for us, and my par- girlfriend and life partner, Ambien, an down from Heaven to participate in our ents and grandparents endured great American citizen.

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.091 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H959 Joel had no intention to break our this all day. Congresswoman LUCILLE Josefina is an undocumented Califor- immigration laws and would never ROYBAL-ALLARD. nian who is originally from Colima, have been in this position if this body I acknowledged Congressman Mexico. Her testimony has been pre- had simply done its job back in 2013. GARAMENDI who was here before and sented by Representative TED LIEU Joel’s story illustrates the cost of our came back again, thank you. from California. decisions and reminds us why we must Mr. GREEN, I acknowledged him be- Josefina migrated to the United take action now to protect DREAMers. fore when he was here, thank you. States when she was 3 years old. Well, This is not an unusual thing where They are coming and going. her family immigrated to the United there are family emergencies or a Congresswoman NAPOLITANO of Cali- States when she was 3 years old, and death in the family across the border fornia’s constituents have said this: she was with them. Although she be- Diego Garcia Ramirez, 31-year old man or something and people don’t fully un- came aware of her immigration at an from El Monte, provider for his wife derstand that just going for that just early age, her status had never defined and three kids. He just had DACA ap- destroys—under current law, makes it her. She had transformed uncertainty proved at the end of July and considers very hard for them to come back. into determination. the opportunity of DACA a blessing This is from Representative When she graduated high school, she ´ from God. He has been able to provide CARDENAS, who was with us earlier. I a stable living for his family. He was became hyperaware of the financial thank him for being with us earlier. brought to the U.S. at age 3. constraints faced by immigrant youth. This is a letter to him from a graduate A real statement of it can work. Josefina was able to afford her under- student: Cynthia Lopez Lopez, 26-year-old graduate education at UCLA by work- ‘‘I am a current graduate student at woman from El Monte also, waiting for ing multiple jobs and by applying to the University of Southern California her work authorization document to many scholarships. She would com- School of Social Work. As part of my renew and fears she would lose her job mute 2 hours every day, each way, to curriculum, I am taking a class on pol- at Wells Fargo. She is the caregiver for UCLA on a daily basis because she icy and advocacy where I am doing a her mom, who is awaiting a lung trans- could not afford to dorm. project on a piece of legislation. My plant. She is the only source of income Her main motivation is her mother, focus for this project is on immigra- and pays for rent, medical bills, and es- who is also an immigrant. Her per- tion, particularly on the newly intro- sentials. sistent determination to provide for duced bill known as the BRIDGE Act, Imagine that, to have all of that her family convinces Josefina of her which will expand DACA for 3 years. challenged. But it is, again, it is the ability to surmount the barriers she ‘‘As an undocumented student, I am strength, the commitment to family faces as an undocumented student. worried about my future here in the that all of these people have that Today, she is earning her Ph.D. at United States. I came to the United strengthens America, and that is what UCLA. States at age 9, in 2001. I graduated argues for family unification in our im- Her Ph.D. at UCLA. with a B.A.’’—bachelor of arts—‘‘in so- migration policy. That is a subject for Her research interests include the ciology, with a minor in Women’s another day. For today, we are talking health and aging of the undocumented Studies from Cal State Northridge in about the DREAMers. population. Her scholarly work has 2015. Thanks to DACA, I have been able Again, from MIKE THOMPSON, whom I been supported by the Robert Wood to achieve my dreams of obtaining acknowledged earlier, he has another Johnson Foundation and the Institute higher education as well as to be able testimony, MIKE THOMPSON of Cali- for Humane Studies. She believes re- to work here legally.’’ fornia. search is a way to rewrite the nar- That is so important, to get an edu- Denia Candela was born in Acapulco, ratives of the undocumented commu- cation, to work legally to serve in the Guerrero, Mexico. Today she lives in nity in the United States: Undocu- military. Sonoma Valley, California, and is his mented people are the backbone of U.S. ‘‘Having lived and attended public constituent. Denia is a 2011 alumni of society, she writes, yet we are dehu- school all my life here, I don’t know 10,000 Degrees, an organization that manized, tokenized, and invisibalized. any other country I can call home. serves low-income and first-generation That is a good word. ‘‘I had a very supportive system dur- students. This prompts the need for a solution ing my high school years. I graduated 10,000 Degrees, that means degrees to immigration, which is long overdue. from San Fernando High School with from college, not temperature. You are so right, Josefina. She graduated from Sonoma State honors. I volunteered. I served in the MARK DESAULNIER, whom I acknowl- University in 2016 with a B.A. in ap- community, student body, and to this edged earlier, is here with us. MARK is plied statistics and a concentration in day, I am working for the betterment there. I thank MARK. the actuarial field. This is from Marco of Contra Costa of my community working for the Los She is currently involved in several County, represented by Congressman Angeles Family Housing. different organizations and serves as a MARK DESAULNIER. He is with us and ‘‘Now that Donald Trump is Presi- board member of the Sonoma Valley has been with us for a long time today. dent, I am concerned about my future Education Foundation in the Sonoma It is from Marco, who says: and that of my community. I want for Valley Unified School District. She is ‘‘Thanks to DACA, I have been able others to have the same opportunities also involved as a commissioner for to give back to the community in more that I have had so far. Sonoma County Regional Parks. ‘‘I hope that you can allocate some of Her current position as the enroll- profound ways. Because I was granted your time for me to talk to you about ment and outreach manager for a non- employment authorization, I was able the importance of this bill and why it profit has allowed her to serve families to work for 2 years as a case manager matters, not only to me, but to the en- who need early education services in reentry services. I helped members tire community. through State-funded preschools. Denia of my community find their way back ‘‘Alejandro Castro, Master’s of Social is now in her second year as a board into society after being in prison. I as- Work Candidate.’’ member for Los Cien Sonoma County. sisted them in managing their sobriety And this is from GRACE NAPOLITANO. Above everything else, she is a mother and finding stable employment and Are you still with us? Thank you, to a wonderful 7-year-old. housing.’’ GRACE. She received DACA in 2012. DACA God bless you, Marco. I see we have been joined by ALBIO opened doors for her, allowing her to ‘‘Currently, I am working in a non- SIRES from New Jersey. We have had provide for her son and give back to profit that provides free psychosocial many DREAMers from New Jersey’s the community that has seen her grow. services to cancer patients. My only testimony. Denia is a DREAMer. dream in life is to be able to give back And DONALD PAYNE, I read your testi- Thank you for dreaming, and thank to my community, to help make them mony earlier, DONALD. Thank you for you for inspiring us to dream as well. safer. I am also working on my mas- being with us. TED LIEU, testimony from TED LIEU’s ter’s in counseling and am on a licen- Congresswoman, I have been refer- district, who was with us until a few sure track as a marriage and family ring to you as the godmother of all of minutes ago. therapist.

VerDate Sep 11 2014 04:51 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.093 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H960 CONGRESSIONAL RECORD — HOUSE February 7, 2018 ‘‘I plan to use my license to continue fornia State Polytechnic University, gry is nothing, being thirsty is noth- working with the chemically depend- Pomona, with a focus in management, ing. It is the rug that is getting to me. ent and criminal populations. I want to human resources, and entrepreneur- Juan Conde writes: ‘‘Dear Congress- help make our communities safer. ship. Andrea seeks to use her experi- man Welch, I am writing to tell you DACA allows me to continue working ence, education, and skills to support my story about DACA in the hope that on my dream.’’ in uplifting Latino/Hispanic commu- you and your colleagues will come up That is beautiful, Marco. Remember nities and underrepresented students. with a legislative solution to this what the Lord said in the Gospel of Faith and family, together, is what issue. I am one of the ‘DREAMer kids.’ Matthew: When I was in prison, you drives Andrea to keep pushing forward I have lived most of my life in the U.S. visited me. in life. and consider it my home. Thank you for doing that. Again, from some other Members, ‘‘Throughout my life, I have been driven to understand cancer and have b 1730 from ALMA ADAMS, who was with us earlier, from North Carolina. She tells dedicated my studies to obtain the Elias Rosenfeld, Boston, Massachu- the story of Brenda Montanez. training needed to help cancer pa- setts. I met Elias at the Faith Leaders Brenda Montanez was born in San tients. My mother passed away from Event. I had the privilege to meet Elias Luis Potosi, Mexico, and came to Char- cancer, and this tragedy made me real- this month, when he came to the Cap- lotte, North Carolina, as a child with ize that I wanted to dedicate my life to itol with DREAMers and faith leaders her parents. Brenda always knew she fighting this disease. This is why I so he could share his story. wanted to attend college, and because spent a decade of my life in research, Born in Venezuela, Elias came to the of DACA, she was able to. At 18, Brenda first in apoptosis during my M.S., and United States as a young child. Shortly enrolled at Johnson C. Smith Univer- then DNA repair of tobacco and smoke after his mother passed away, United sity in Charlotte, where she is a stu- carcinogenesis for my doctorate stud- States Citizenship and Immigration dent leader. ies. Services filed a letter notifying him She is a founding member of the ‘‘I chose science because, at the time, that he was now an undocumented in- Latinos Aiming for Achievement, it was impossible for undocumented dividual, unable to receive healthcare, LAFA, a group founded to give Latino students to attend medical school, and work and provide for his family, or ob- students on campus a voice in the com- I wanted to have an impact on a dis- tain a driver’s license to commute to munity and a place to meet and discuss ease that had affected my family. It and from school. Elias, however, fought issues impacting them. To date, there was difficult to obtain my degree as an to find a solution. He founded United are 32 members of the organization. undocumented student, but I persisted Student Immigrants, USI, a student- Brenda is one of many students na- because I believed in the promise of the led community-based organization that tionwide who has been able to achieve American Dream. helped over 300 undocumented students her goals of earning a secondary degree ‘‘When DACA was announced, it be able to afford a college education. thanks to DACA. transformed my life. Suddenly I could be paid for the research I was doing. I Elias has also partnered with the Thank you, ALMA ADAMS, for submit- Florida High School Young Democrats ting Brenda’s story. could drive, I could be free from the fear of deportation, knowing that all and The Children’s Trust, and lobbied This is from Representative JARED my hard work and dedication would over 200 State legislators in support of HUFFMAN from California: Alex DeLeon State-sponsored immigrant child is a talented young woman who in- not be meaningless, and that the idea of America and her promise were alive healthcare, which resulted in the pass- terned in Representative HUFFMAN’s of- ing of the Senate and House bills pro- fice. He recently invited her to speak and strong. It also meant that medical tecting healthcare for over 22,000 chil- at a townhall on the future of DACA, schools, including my current school, UVM’s Larner College of Medicine, dren in Florida. Elias has spearheaded and here is what she said: student demonstrations at over 20 ‘‘I’m smart. I’m resilient. I’m hard- changed their policies and gave DACA State and Federal congressional offices working. I’m a DREAMer. I’m going to students a chance to enroll. ‘‘I understand that legislation takes in support of the Dream Act. make something out of myself one day, time, but if there is anything you can He received a 6-year full-merit schol- but only if programs like DACA live do to help DACA students, including a arship to Brandeis University under on. And I’m not the only one: your discharge petition, please do so. If you the TYP social justice scholarship pro- classmate is a DREAMer, your lawyer do, you will have the gratitude of a gram. is a DREAMer, and your boss is a group of dedicated individuals who Recently, Elias worked in campaigns DREAMer. We’re worth protecting and wish nothing more than to give back to in Florida and New Hampshire as a we’re here to stay. That’s why I’m get- the only country they have ever campaign fellow and intern for the im- ting out there and urging Congress to known.’’ migration department for Senator save the DACA program to allow near- Okay. So now this one says: Today, ELIZABETH WARREN. ly 800,000 young Americans, like me, to the bipartisan Problem Solvers Caucus He also shared with us his religious keep working towards their aspirations wrote to Speaker PAUL RYAN to re- beliefs that day. He made a very, very and contributing to the only country quest a ‘‘Queen of the Hill’’ rule to gov- impressive presentation. that they call home.’’ ern debate on competing DACA and Thank you, Elias. I have had the occasion to have a border security proposals to establish I had the privilege to meet Andrea conversation with Alex DeLeon. She is the official position of the U.S. House Ortiz this month, when she came to the a remarkable young woman in doing so of Representatives. Capitol to share her story with Mem- much in the community to give back. I Last week, the 48-member Problem bers, faith leaders, and the American am so glad that JARED HUFFMAN has Solvers Caucus announced a bipartisan people. Andrea Carolina Ortiz Duran is called her testimony to our attention. set of principles that lay the ground- a God-driven, passionate, creative lead- PETER WELCH from Vermont and work for a deal on DACA and border se- er. RICK LARSEN from the State of Wash- curity. Born in Leon, Mexico, Andrea mi- ington are here. The letter was led in the Problem grated to the United States at the age Congressman WELCH calls to our at- Solvers Caucus by FRED UPTON, Repub- of 6 with her parents and four siblings. tention the story about a DREAMer lican from Michigan; and PETER She was able to successfully apply for that he knows, and it is a letter from WELCH. the DACA program. Juan Conde. I will preface this by say- The text of the letter can be found Having successfully navigated the ing Juan Conde, bachelor’s of science, below and here: education system as a first-generation master’s of science, Ph.D. in bio- ‘‘Dear Mr. Speaker, the President undocumented student, she became a chemistry and molecular biology, cur- challenged us last fall to legislate the role model for her siblings and commu- rent medical student at the University DACA program rather than relying on nity members. of Vermont, all of that. executive orders to determine its fate. She graduated with honors in busi- I am telling you, this rug is killing The President has also asked us to ad- ness administration from the Cali- me. Standing up is nothing, being hun- dress border security.

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.094 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H961 ‘‘DACA is an important issue in all of Okay. We have another story from She also mourned with our country our States. And, as we know, the pro- Houston, from SHEILA JACKSON LEE. in some of our worst tragedies, as this gram’s original intent was to protect Andrea Ramos Fernandez is a local San country’s pain was also her own. from deportation eligible children and Antonio DREAMer, who adores San Therefore, she asks to be given the op- young adults who were brought to this Antonio, as any true San Antonian portunity to prove she is already an country through no fault of their own. would. In 2005, Andrea was 8 years old American. We have learned through multiple re- when she moved to the United States. How lovely. How lovely, Andrea. A ports that the U.S. Immigration and She was too young to realize the little bit of my Golden State Warriors Customs Enforcement has moved to de- spring break vacation her mother had coming in there when she was talking port many who have been here for planned was a permanent move—that about the Spurs, but anyway. years, including some who are now that vacation was a permanent move. From Congresswoman ROYBAL- married with children. Many have paid This move was influenced by economic ALLARD, who is with us, the godmother their taxes and have no serious crimi- instability, paired with her father’s of it all, we have this testimony from nal record. Many know no other way of stabbing in a taxi cab in Mexico City. one of her student DREAMers: ‘‘I am a life. Once Andrea and her mother made it student of East Los Angeles College ‘‘There are a number of worthy Mem- to the U.S., Andrea’s grandparents, and part of your congressional district. ber proposals that should be properly who are U.S. citizens, began the proc- I am very concerned about the initia- debated and voted on by the House. ess to legalize Andrea’s mother. tive President Donald Trump took to- Some are bipartisan and would end the What Andrea’s grandparents didn’t wards the DACA program. He gave uncertainty and distress that some realize was that the broken immigra- Congress 6 months to find a solution. 800,000 DACA recipients are enduring. tion system made it difficult to grant As of today, there has been no progress Others would also address the issue of Andrea’s mother a green card, that im- and many are losing the protection border security and broader immigra- migration process being over 23 years, they had with DACA. I am asking to leaving Andrea out of the possibility to tion reform issues. fight for a clean Dream Act for all. The adjust her status. ‘‘Mr. Speaker, we seek your commit- immigrant community is a hard- ‘‘Chain migration’’—we call it family ment that the House will address the working group of individuals that are uncertainty of the DACA-eligible popu- unification—has been a broken issue within the government, and in this in this country for a better life, mean- lation in a timely fashion, either sepa- ing that they want to work, educate rately or as part of a broader package, case, Andrea’s grandparents could do nothing to change her status. That is themselves, be in the Army, and have using an open and inclusive process all the benefits this country provides that allows the House to work its will. why we want to improve it. to make it an even better place to live ‘‘Specifically, we seek your commit- So Andrea grew up undocumented. in. ment that the House will debate and She grew up pledging allegiance to the ‘‘Sincerely, Luvia Navarrete, DACA vote on all serious and substantive pro- American flag, watching American car- recipient.’’ posals, particularly those offered on a toons on Saturday mornings, and get- To Congresswoman LUCILLE ROYBAL- bipartisan basis, as well as any bill ap- ting good grades. Andrea’s academic ALLARD, this letter begins: ‘‘Hi, Mrs. proved by the full Senate. A ‘Queen of performance was so great that her first Lucille. I am Ana Garay from District the Hill’ rule should be employed that academic award was the President’s establishes the proposal receiving the Award, which was signed by then- 40. I am a DACA student from East Los most votes as the position of the President Obama. Andrea continued Angeles College and I wanted to tell House. her education with academic excel- you my concerns about the DACA prob- ‘‘We accept the responsibility to lence, achieving high marks, eventu- lem that is going on right now. I want- reach consensus on a legislative solu- ally graduating Churchill High School ed to tell you I am really scared of tion to DACA and are determined to re- with honors. what could happen in the next months, solve this issue. We believe immigra- Her grades then led her to get a full because, as other students, I want to tion reform should be bipartisan and ride at Texas State University in San accomplish my dreams and be a proud that only an open process allowing for Marcos, Texas, where she pursued a ca- Latina, as you are. I hope that we fight the best ideas from both sides will dem- reer in healthcare for 2 years. Eventu- together for what we want for our fu- onstrate to the American people that ally, Andrea decided to transfer to the ture as a community, because we are we can find common ground.’’ University of Texas in San Antonio, known as the one that fights to- That was a letter from the Problem where she is now currently studying gether.’’ Signed, Ms. Ana Garay. Solvers Caucus, led by Representative public policy while being a student In the previous letter that I was FRED UPTON, Republican from Michi- leader on her campus. reading from, the one from San Anto- gan; and PETER WELCH, Democrat from Andrea has been involved in various nio, she talks about how many years it Vermont. projects around the city of San Anto- would take for the grandparents to This is very important because we nio, working as the lead immigration help the daughter to become legal and are talking about Queen of the Hill. As fellow for MOVE San Antonio. She has to get a green card. The other day, you know, my colleagues, there are also pushed for educational initiatives there was an article in the paper, a big, several options to come to the floor. on her campus, leading to the creation long article, about how backed up the One is Queen of the Hill; one is King of of the first onsite DREAMer Center on green card applications are; years, the Hill. a college campus in Texas. years. So even the people who want to Queen of the Hill means the bill that Because of her leadership, Andrea has be doing things on schedule, many peo- gets the most votes is the bill that pre- been given the opportunity to visit ple are here not because they came il- vails. It would go to conference with D.C. to lobby for the Dream Act and is legally, but because the process took so the Senate; or if it is the Senate bill, now asking the Congress and Senate to long that their opportunity expired. act on bipartisan legislation. Andrea would go to the President’s desk. b 1745 King of the Hill, which we are not ad- graduates in December of 2018, 4 vocating, is the one that wins last. months after her DACA expires. While This is from Congresswoman ROSA We want the one that gets the most Andrea is worried about what that may DELAURO, who has joined us. Thank votes, the one that wins the most mean to her, she worries more about you, Congresswoman DELAURO. votes. This time, the queen should pre- her community, whom she sees as a ‘‘Dear Representative DeLauro: I was vail. community full of promise. Andrea is honored to intern in your Washington I appreciate the letter from FRED an American who adores and believes office and learn more about the govern- UPTON and PETER WELCH because it in the American promise. ment of the United States and, more talks about some very important Andrea cheered when the Spurs won specifically, responding to constitu- things: a bipartisan, open process. their fourth championship in 2007, and ents’ concerns. That brings people together: biparti- once more in 2014. ‘‘Walking through the long tunnels sanship, transparency, unity. I thank Okay. That was then. This is now. that connect the congressional build- the caucus for this. Okay. ings to the Capitol, I began to envision

VerDate Sep 11 2014 04:51 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.096 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H962 CONGRESSIONAL RECORD — HOUSE February 7, 2018 myself working in the District of Co- gram to become a certified legal inter- pursue her own American Dream. Even lumbia upon graduation. But like for preter. Wow. That is hard. when Esther’s DACA status was secure, many people, the election results have She hopes to head back to New she said that typical safe spaces like forced me to take a different path. Brunswick and work in the public hospitals, police stations, and doctor’s ‘‘After the Presidential election, all school system as an administrator to offices filled her with fear because the stability that had allowed my fam- help students just like her. She also DACA doesn’t afford protections to her ily and me to become part of the Amer- wants to create a nonprofit organiza- family. She also hides her status and ican life was turned into fear and doubt tion to assist various ethnic groups worries what would happen if someone about our future. with gaining access to higher edu- she trusted outed them to immigration ‘‘Not only has the President-elect cation. authorities. vowed to deport millions of undocu- Diana truly believes that the edu- Unless we take immediate action to mented immigrants, but he also prom- cation she received in New Jersey was help DREAMers, Esther’s future is ised to remove the DACA program. For so valuable to her overall success, and even more uncertain. Thank you, Es- this reason, I had to return to New she wants to give back so that others ther, for sharing your story with us. Haven and assist my family as we fig- can follow suit. Thank you, Congresswoman JAYAPAL, ure out which decisions are best to I just want to dwell on this for a mo- for sharing it. take moving forward. Thus, I am sorry ment because she is talking about edu- We have been joined by CEDRIC RICH- to inform you I will no longer be able cation being invaluable to her success, MOND, the distinguished chair of the to continue my internship in your and she wants to give back so that oth- Congressional Black Caucus. Earlier I Washington, D.C., office. ers can follow suit. I hope that the read statistics from the caucus about ‘‘I want to express that, while I am in Italian-American, Irish-American, Ger- how many people were DREAMers from constant fear questioning whether I’ll man-American, Dutch-American, all of the Caribbean, from Nigeria, et cetera. be able to complete my undergraduate the ethnic groups that are here in our We read some testimony that was from degree, or if my U.S.-citizen sister will country take full pride in the example our press conference by the DREAMer be separated from us, I am not giving they have set for how the American sent by KAMALA HARRIS from Belize in. Dream works in America, because what and coming from the African-American ‘‘My best memory working in your you see with these DREAMers just fol- community now. Thank you for com- office was running into an old em- lows so closely with what our families ing, Congressman RICHMOND. ployer who came to the office for a did, our ancestors did coming here. Now we have one from David Capitol tour. Reflecting on the aspira- The idea that education was key to Vasquez, a DREAMer I have met. David tions I had working as a busser to get upward mobility and to reaching per- was born in Germany and moved to the myself through high school, I remem- sonal aspirations, that faith and family United States at age 13. He grew up in ber your persona always providing me and a work ethic were an important Elk Grove Village, Illinois, and grad- with hope. part of how you were regarded in uated at the top of his high school ‘‘That hope has grown exponentially America—and this may be what is in class. He earned a full-ride scholarship as I reminisce on the times you walked their DNA as they come to the United to Bowdoin College through into the office and greeted all your in- States, but it is clear they had master- QuestBridge, an organization that terns with such gratitude and enthu- ful, great examples to show how to links low-income students with top col- siasm. achieve the American Dream in all of leges in the U.S. David graduated from Bowdoin with ‘‘With infinite gratitude.’’ the waves of immigration that came a double major in economics and Ger- Thank you, Congresswoman before. man and was able to spend two sum- DELAURO, for submitting this testi- Family, faith, community, edu- mers interning at Goldman Sachs. He mony to us and recognizing the dif- cation, patriotism, love of America. So later joined AlphaSights, a high- ficult decisions that families have to beautiful. And Diana spells it out so growth startup. At AlphaSights, David make in the interest of families stay- clearly here. established the firm’s San Francisco ing together. Thank you. Another one from Representative office and grew it from 8 to 25 employ- NIKI TSONGAS of Massachusetts has JAYAPAL of Washington State. We ees. joined us. Thank you. Congresswoman heard from her earlier. She was with us That is an important point because GWEN MOORE of Wisconsin has joined us earlier, Representative JAYAPAL. She is many of these DREAMers have started as well. Congresswoman FREDERICA on the Judiciary Committee, a leader businesses, created jobs; by creating WILSON of Florida has joined us as well. on immigration. She is an immigrant small businesses and being entre- Thank you, Congresswoman WILSON, herself. preneurs, small and larger jobs. That is for joining us. Twenty-two-year-old Esther was a really an important part of our econ- Again, this is from Representative hardworking and valued intern in Rep- omy. WATSON COLEMAN: Another con- resentative JAYAPAL’s office last year. Jesper Kim from Fotorama: Jesper is stituent, Diana Dı´az, who is 22 years She is also a DREAMer who came to a South Korean-born immigrant old. She came to the United States the United States with her parents and brought to the United States when he from Mexico with her mother and two younger sister when she was just 3 was 2 years old. He received his associ- older siblings in 2002 when Diana was 7 years old from South Korea. When they ate’s degree and is pursuing a degree in years old. They settled in Somerset, arrived on a visa, Esther’s parents computer science while working at his New Jersey, where her mother worked sought help from an immigration law- high school’s photography studio. He long hours to ensure that her children yer to obtain more permanent legal continues to volunteer at his church could focus all their attention on status in the United States. They filled and in his high school’s Key Club. school. out applications, paid their dues, and Evelyn Valdez-Ward from Irvine, Diana graduated from high school in gave the lawyer most of the money California: Graduate student, Univer- New Brunswick, New Jersey. While they had. And he ran away with all of sity of California, Irvine. A first-gen- still in high school, Diana herself it. He scammed them and left them eration, female, Hispanic, undocu- worked a full-time job to help support with nothing. mented scientist, Evelyn constantly her family. After high school, she at- Esther’s parents’ visas expired. They seeks to dismantle economic, racial, tended Middlesex County Community had little money. They pushed their and cultural barriers. She is part of the College, where she got her associate’s kids around in shopping carts because 1 percent of 800,000 DACA students pur- degree in education. She then contin- a stroller was too expensive. Then they suing postgraduate education. ued her higher education and trans- started over. They built their lives in In addition to studying climate ferred to Rutgers-Newark in the fall of the United States. They raised a smart, change’s impact on planet productivity 2016. There she majors in public admin- passionate daughter who is now a sen- and drought tolerance, she is a strong istration and minors in Spanish. ior at Harvard. and loud advocate for her undocu- Diana has aspirations to continue her The DACA status Esther obtained in mented community. I would say education and enroll in a master’s pro- 2013 helped to give her the freedom to ‘‘vocal.’’

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.098 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H963 Evelyn received her B.S. in biology prides herself in being able to say she of the U.S. community. Those with se- from the University of Houston-Down- achieved her professional dream of vere criminal backgrounds did not and town in 2016. As an undergraduate, she being a registered nurse, BSN, cur- do not qualify for DACA. spent 3 years on a variety of research rently working in the shock therapy And this is a letter from Sisilia to projects that sparked her passion for ICU at a Level I trauma center in Congresswoman COLLEEN HANABUSA: ecology. In 2013, she helped to create a Utah. She graduated with high honors With this in mind, I respectfully ask planet-water transport model using from Utah Valley University in Decem- that you forgive DACA recipients and chaparral shrubs to test drought toler- ber 2016. urge you to pass legislation which al- ance in collaboration with Drs. Michael Thank you, Ana Cueva, for sharing lows DACA recipients to become U.S. Tobin, Brandon Pratt, and Anna your story with us. residents and protect the information Jacobson of California State Univer- Keyla Garcia Espino of Wyoming: they have turned to the Department of sity, Bakersfield. This is very impor- Kayla Garcia Espino came to the Homeland Security, in order to return tant research. United States when she was 5 years old peace of mind to these families imme- In 2014 and 2015, she worked under the from Mexico. In 2016 she earned her diately. It is only with your help that direction of Drs. Scott Mangan, Mi- bachelor’s degree in business adminis- we continue working for a better chael Tobin, and Claudia Stein at tration with a concentration in ac- America. Washington University in St. Louis, counting from Ferris State University. It is interesting, as we read these let- Tyson Research Center, where she Keyla is the deputy treasurer for the ters—I am sure my colleagues would studied phylogenetic relationships and city of East Grand Rapids and has been agree—to see how many families hesi- the effects of drought in prairie grass- working for the city for almost 3 years. tated to tell their children about their lands. Her DACA expires in October of 2018. status. I can understand why they would not want to frighten them, but As a second-year Ph.D. student in the May I correct the RECORD. She is not Department of Ecology and Evolution- from Wyoming—she is from Wyoming, nonetheless, when they do find out, ary Biology at the University of Cali- Michigan. Is that a city in Michigan? they are very shocked by it. We fornia, Irvine and Ford Foundation Wyoming? shouldn’t have that kind of fear and shock in our country, especially for our Predoctoral Fellowship, she is cur- This is from COLLEEN HANABUSA, who rently studying the effects of climate has been with us for a large part of the children. So while these parents took great change on the interaction between day, this testimony. Am I not lucky to risk, had great courage and determina- plants and their soil microbes. be able to become so familiar with so tion to protect their children, unfortu- She is dedicated to combining her many of these beautiful DREAMers? nately, we didn’t have comprehensive scientific training with mentoring of We want to send these people back? immigration reform soon enough to underrepresented minorities in STEM, This talent, this rich talent? This have avoided some of those sad situa- especially within the community of un- achievement, this determination, this tions. documented students. Evelyn aims to faith in the future, this patriotism for Congresswoman VELA´ ZQUEZ has an- inspire the next generation of sci- America? I don’t think so. other testimonial from a DREAMer. entists by pushing forward the mission b 1800 Yatziri Tovar is a young New Yorker to diversify STEM. and, yes, an American, who faces an Thank you for that, Evelyn. Again, We have to make it happen. I have confidence. uncertain future. many of the great discoveries in Amer- Yatziri Tovar came to the United Hi, my name is Sisilia Kaufusi. I am ica came from immigrants coming States from Mexico at age 2. She is a DACA recipient. My parents came to here. Many of the great academic American in every way—except on the United States of America seeking minds in our country came from an- paper. Last year, after a lot of hard the American Dream. I and my siblings other country. But then, at the same work, Yatziri graduated from City Col- came here when we were young. I was time, America produced our own, and lege in New York. She achieved this that is a pretty exciting combination. 4 when my mother and I came to the goal while holding down a job at the Ana Cueva: Ana Cueva was a young USofA. It was not until I was a senior same time she completed her studies. Mexican immigrant who has called in high school that I found out I had no Because she is undocumented, Yatziri Utah and the United States home since legal status in this country of opportu- was not able to secure financial aid. 1998 when she was 5 years old. We have nities. Now Yatziri is giving back by work- a number of DREAMers from Utah, so Today, I humbly ask that you issue ing with a community group that we thank them for speaking up. legal resident status to those who have stands up for and empowers some of From this young age, she was always benefited from President Obama’s De- her most vulnerable neighbors, like taught the importance of education, ferred Action for Childhood Arrivals other immigrants and low-income hard work, and family. Beyond the val- (DACA). President John F. Kennedy workers. ues her parents instilled in her, her fu- said: ‘‘Ask not what your country can Yatziri is exactly the type of person ture was also shaped when a year after do for you—ask what you can do for we want contributing to our Nation. arriving to this country her mom be- your country.’’ Over 700,000 people have Yet, Congress is now contemplating came very ill. This experience gave her benefited from this program. This pro- turning its back on young DREAMers a desire to help others, and she began gram had opened the doors for not only like Yatziri. This is shameful. For to forge a path on her journey to find myself, but other undocumented chil- young, patriotic people like Yatziri and her calling in nursing. In fact, nursing dren. Thanks to DACA, they have ob- for hundreds of thousands of young was solidified as her American Dream tained education, employment, and Americans—yes, Americans—we need when she was just 9 years old. other leadership roles with their com- to pass a Dream Act now. To achieve this dream, she under- munity. I appreciate this statement from stood how important it was to honor Within their community so that they Yatziri Tovar, but I hope that we can her parents’ decisions and dedicated can do something for our country. be more optimistic about the prospect herself to education and community. President-elect Trump said he will of not turning our back, but on em- As a teenager, she quickly became a end this program or allow this program bracing our DREAMers by having a dis- volunteer at her local hospital and to expire. By doing so, he is slamming cussion, a debate on the floor of the later was elected president of the Na- the door on the face of DACA recipi- House and passing legislation. tional Honor Society for her high ents, which will undoubtedly damage I hope the Speaker will give us in school chapter. She attended an accel- communities and the economy across this House of Representatives the dig- erated high school, earned her associ- the country, and perhaps even across nity that we deserve to be able to dis- ate’s degree in science at 17, and grad- the world. DACA recipients feel a sense cuss matters of concern to our con- uated in the top 10 percent of her sen- of danger, which is why I write this let- stituents on the floor of this House and ior class. ter today. People that have benefited have the House of Representatives She continued her studies a year from DACA have no other objective in work its will in order to address this later with the help of DACA. Now she mind than to become positive members issue.

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.099 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H964 CONGRESSIONAL RECORD — HOUSE February 7, 2018 The Senate has gotten that privi- We have been joined by Congress- am just telling you about the bipar- lege—not privilege—it is really a given, woman SCHAKOWSKY. I thank the gen- tisan ones. by the leader in the Senate, Mr. tlewoman for being with us; Congress- Mr. Speaker, I thank the staff of the MCCONNELL, in consultation with a bi- woman KATHY CASTOR. I acknowledged House of Representatives and the var- partisan group of Members, we have bi- the gentlewoman earlier. She was here ious speakers at the House who have partisan legislation, as has been said before. And in back is Congresswoman been up there with such courtesy—you over and over. What we do should be bi- CAROL SHEA-PORTER; Congresswoman smiled. You smiled. But most of all, let partisan, should be done openly, and ROBIN KELLY; Congressman STEVE us thank and acknowledge the should unify people. That should be a COHEN is with us; Congressman JOHN DREAMers for their courage, their op- rule of thumb for everything we do. It DELANEY. timism, and their inspiration to make is especially necessary to do this soon. I am trying to recognize just the ones America more American. Why? We ask the question: Why is I hadn’t acknowledged before: Con- I thank my colleagues. the House cut out of this discussion? gresswoman KATHERINE CLARK, Con- Ms. MAXINE WATERS of California. Why? We need that answer from the gresswoman JULIA BROWNLEY, Con- Mr. Speaker, I yield myself such time Speaker of the House. Why are we not gresswoman JACKIE SPEIER. I acknowl- as I may consume. Allow me to just say that we con- given our constitutional opportunity edged Congresswoman SUZAN DELBENE, tinue on this most important legisla- to discuss this important issue? Congressman BOBBY SCOTT, Congress- tion, H.R. 1153, and we have had the op- Just a few more from Members. woman DEBBIE WASSERMAN SCHULTZ, portunity to yield time to Leader Actually, I could stay here for the Congressman BRAD SHERMAN—I read PELOSI, and while she certainly came full 40 hours and do this, but I know your testimony earlier as I did yours, in to oppose this bill that we have be- that we have a vote to take, and the ALMA—Congressman DAVID CICILLINE, fore us, having yielded 1 minute to the rest. So let us just conclude with Car- Congresswoman YVETTE CLARKE—I leader is the most profound 1 minute los Aguilar, same last name as our co- read your testimony earlier as well. sponsors of the Hurd-Aguilar bill—no All the others I think I have ac- probably in the history of this institu- tion, that 1 minute that ended up 8 relation. knowledged. Yes, HANK JOHNSON from hours where Leader PELOSI talked Carlos migrated to the United States Georgia, Congressman HANK JOHNSON. I from Irapuato, Mexico, at the age of 14 think we have acknowledged all of the about the plight of DACA and the and currently lives in Kerrville, Texas. Members who are here. Congresswoman DREAMers. And I am very proud that in yielding After graduating from high school, he GWEN MOORE, I acknowledged earlier that 1 minute we had the opportunity received his B.A. in psychology from when she was sitting over here. I will to listen to Leader PELOSI deal with an Schreiner University. Carlos has also tell the gentlewoman who she was sit- issue and demand that we have an op- earned an M.S. in sociology at the Uni- ting next to. She was sitting next to portunity to have a real debate and a versity of Texas at San Antonio. Cur- Congresswoman NIKI TSONGAS at that real discussion in the people’s House. rently, he is attending the Harvard time, but anyway, I acknowledge the Mr. Speaker, I am very pleased that Graduate School of Education where he gentlewoman again and thank her. we had that opportunity, and now let is pursuing a doctoral degree. Mr. Speaker, for the last 8 hours, I me just say, I have no further requests Aware of the obstacles along undocu- have had the privilege of reading the for time, and I am prepared to close. mented students’ road, Carlos has de- testimony of so many DREAMers. I Mr. Speaker, American consumers voted his academic and professional en- still have more, but I thank all of you. are under attack by the Trump admin- deavors to issues relating to unauthor- It is a privilege to read the eloquent istration and Republicans in Congress ized migration as well as providing sup- statements of the DREAMers as they every day. We learn about either an- port and guidance for this vulnerable express their love of America, their other effort to weaken guardrails, pro- population. commitment to a better future for our tecting consumers from predatory ac- In addition to academic attention to country and their own families’ better tors, or another Trump appointee re- these issues, Carlos has remained ac- future. fusing to hold bad actors accountable. tive in the immigrant community as It was a double honor to do so with Trump supporters at the Consumer the Immigrant Youth Leadership coor- the recommendations of the testimony Financial Protection Bureau and the dinator at UTSA—that is University of that you all extended, presented, and Securities and Exchange Commission Texas at San Antonio—as an associate to have so many of you here in the have basically stopped enforcing our legal assistant in an immigrant law course of the day, a real tribute to the Nation’s consumer and security laws. firm. respect that we have for our DREAM- He has many accomplishments. ers. b 1815 Moreover, together with other un- So I accept your applause on behalf Mr. Speaker, as you know, there is a documented and DACA students, Car- of them because it was their story, in lot of excitement here because of what los coordinated students’ efforts at their words—by and large—that I told, took place in the last 8 hours, so I UTSA—University of Texas at San An- in addition to the Bible and the Catho- don’t feel interrupted at all. I just feel tonio—in mobilizing to defend their lic Conference of Bishops and Pope very, very pleased that we had the op- rights as undocumented and DACA stu- Francis and Pope Benedict and so portunity to have that speech by our dents. Through the creation of Immi- many other religious groups that we leader. grant Youth Leadership, they advo- have. But I thank all of you. However, I will just continue. Let me cated and worked to improve the edu- Our basic request is: honor the House just get to the fact that, again, Mick cational experience of this population. of Representatives. Give us a chance to Mulvaney, whom Trump unlawfully ap- I am just going to one more from have a vote on the floor. pointed as Acting Director of the Con- California. I have to end on California. The Republican leader in the Senate, sumer Bureau, is gutting the Consumer Kimberly came to the United States MITCH MCCONNELL, has gone forward Bureau’s Office of Fair Lending Equal from Mexico and currently resides in with the budget proposal with the Opportunity limiting the Consumer Los Angeles. She is the only person in promise that he will give that oppor- Bureau’s ability to stop bad actors her family without papers and, in spite tunity to the floor of the Senate. The from discriminating against commu- of the challenge, has risen to the occa- Senate will work its will. We will see nities of color. sion as an advocate for DREAMers. She what they produce. News reports also suggest that implemented a resolution supporting We will work our will here and see Mulvaney has slowed down the Con- DREAMers at her local community col- what we produce, but it must be bipar- sumer Bureau’s investigation of Wells lege. She is involved in the advocacy tisan, transparent, and unifying. We Fargo, the ultimate example of a recid- community in Victorville and spent think that there has been a lot of ivist megabank. Wells Fargo has pub- time as an intern in Congressman groundwork. In our case, the Hurd- licly admitted to ripping off millions of COOK’s office—bipartisan. Aguilar bill is one option. The Senate Americans with fraudulent checking She hopes to become a lawyer one bill may be another option. There may accounts, credit cards, forced-placed day. be other options that are proposed. I auto insurance, and much, much more.

VerDate Sep 11 2014 04:51 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.100 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H965 But the Trump administration has a and Americans may think it had great- b 1835 partner in its efforts to undermine con- er eloquence. sumer protections. House Republicans I would note that as the minority AFTER RECESS have been in lockstep with the Presi- leader quoted the Bible frequently The recess having expired, the House dent when it comes to rolling back con- throughout her speech, it reminds me was called to order by the Speaker pro sumer protections. Take the Consumer of Isaiah 1:18, ‘‘Come now, let us reason tempore (Mr. BERGMAN) at 6 o’clock Bureau’s rule on forced arbitration: together, says the Lord.’’ and 35 minutes p.m. Wall Street lobbied hard against this Yet President Trump stood right f rule, and instead of putting consumers there in the State of the Union Address first, House Republicans passed a Con- with his hand out with an olive branch HOUR OF MEETING ON TOMORROW gressional Review Act resolution to re- extending an open hand to work with Mr. MITCHELL. Mr. Speaker, pursu- peal a rule that would have helped con- Members of both parties on an immi- ant to clause 4 of rule XVI, I move that sumers who have been wronged by the gration reform package. He offered a when the House adjourns today, it ad- big banks to join together to hold them fair compromise. He offered a fair com- journ to meet at 9 a.m. tomorrow for accountable. promise, and, instead, the minority morning-hour debate and 10 a.m. for But that is just one example of how leader slapped his hand and called it in- legislative business. House Republicans have tried to under- sulting, Mr. Speaker. She called it The motion was agreed to. mine consumer laws. For years now, lame. She called it dangerous. f they have tried to cut the funding of This is not someone who has come to the Consumer Bureau or to change its this Chamber, the people’s House, in ANNOUNCEMENT BY THE SPEAKER structure, and having failed in those order to make law. The President PRO TEMPORE attempts, they now have their inside didn’t offer legalization. He offered a The SPEAKER pro tempore. Pursu- man, Mick Mulvaney, who is working pathway to citizenship. He didn’t offer ant to clause 8 of rule XX, proceedings to destroy the Bureau from within. We this for 700,000. He offered it for 1.8 mil- will resume on questions previously shouldn’t be surprised since the chair- lion. He said: postponed. man of the Financial Services Com- Let’s secure our borders, and let’s make Votes will be taken in the following mittee has said he wants to ‘‘finan- sure that immigrants who come to this coun- order: cially terminate’’ the Consumer Bu- try come legally and come with their sleeves Suspending the rules and passing rolled up coming to work and build America. reau. H.R. 3851, if ordered; The bill before us today should be There are those who want to solve a Suspending the rules and passing viewed as one part of this long line of problem, and there are those who want H.R. 1997, if ordered; and attempts by my colleagues on the op- to exacerbate a problem for the elec- Agreeing to the Speaker’s approval of posite side of the aisle to undermine tion. the Journal, if ordered. the fundamental consumer protection. Meanwhile, Mr. Speaker, hard- The first electronic vote will be con- Home buyers should not be gouged or working Americans need the oppor- ducted as a 15-minute vote. Remaining swindled just because they want to own tunity to get mortgages to buy their electronic votes will be conducted as 5- a home. H.R. 1153 would legitimize part of the American Dream. Every- minute votes. predatory kickbacks through affiliated thing that the ranking member said, firms. Megabanks, including bad actors she ought to share it with her own f like Wells Fargo, and other lenders Democrats because half of them on our WAR CRIMES REWARDS would be incentivized to steer their committee support H.R. 1533 which is EXPANSION ACT borrowers into more costly products good for America and good for prospec- The SPEAKER pro tempore. The un- simply because they can. tive home buyers. finished business is the question on H.R. 1153 is a bad bill that will only Mr. Speaker, I encourage all House suspending the rules and passing the line the pockets of Wall Street with Members to adopt it, and I yield back bill (H.R. 3851) to amend the State De- the hard-earned savings of Main Street. the balance of my time. partment Basic Authorities Act of 1956 But don’t just take my word for it. The SPEAKER pro tempore. All time to provide for rewards for the arrest or Civil rights groups and consumer advo- for debate has expired. conviction of certain foreign nationals cates all agree that this is bad for Pursuant to House Resolution 725, who have committed genocide or war America. the previous question is ordered on the crimes, and for other purposes, as So, despite all of the excitement that bill. amended. we have had here on the floor today The question is on the engrossment The Clerk read the title of the bill. with Leader PELOSI and the message and third reading of the bill. The SPEAKER pro tempore. The that she brought to this Congress, I The bill was ordered to be engrossed question is on the motion offered by want all of our Members to simply re- and read a third time, and was read the the gentleman from California (Mr. ject President Trump’s and House Re- third time. ROYCE) that the House suspend the publicans’ attack on consumers. Vote The SPEAKER pro tempore. The rules and pass the bill, as amended. ‘‘no’’ on H.R. 1153 and support Leader question is on the passage of the bill. The question was taken. PELOSI in calling for a debate in this The question was taken; and the The SPEAKER pro tempore. In the House on the issue dealing with DACA Speaker pro tempore announced that opinion of the Chair, two-thirds being and the DREAMers. the ayes appeared to have it. in the affirmative, the ayes have it. Mr. Speaker, I yield back the balance Mr. HENSARLING. Mr. Speaker, on Mr. MITCHELL. Mr. Speaker, on of my time. that I demand the yeas and nays. that I demand the yeas and nays. The SPEAKER pro tempore (Mr. The yeas and nays were ordered. The yeas and nays were ordered. BERGMAN). The gentleman from Texas The SPEAKER pro tempore. Pursu- 1 The vote was taken by electronic de- has 2 ⁄2 minutes remaining. ant to clause 8 of rule XX, further pro- vice, and there were—yeas 407, nays 0, Mr. HENSARLING. Mr. Speaker, I ceedings on this question will be post- not voting 23, as follows: yield myself the balance of my time. poned. Mr. Speaker, we could not be more [Roll No. 61] highly honored that the minority lead- f YEAS—407 er would take such an interest in H.R. RECESS Abraham Bacon Beyer 1533, the Mortgage Choice Act. Adams Banks (IN) Biggs I am reminded that there are Mem- The SPEAKER pro tempore. Pursu- Aderholt Barletta Bilirakis bers who come to this great Chamber ant to clause 12(a) of rule I, the Chair Aguilar Barr Bishop (GA) Allen Barton Bishop (MI) to make speeches, and there are those declares the House in recess for a pe- Amash Bass Bishop (UT) who come to make laws. When it comes riod of less than 15 minutes. Amodei Beatty Black to speeches, I would note that the Get- Accordingly (at 6 o’clock and 22 min- Arrington Bera Blackburn tysburg Address came in at 2 minutes, utes p.m.), the House stood in recess. Babin Bergman Blum

VerDate Sep 11 2014 04:51 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.200 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H966 CONGRESSIONAL RECORD — HOUSE February 7, 2018 Blumenauer Fortenberry Loebsack Rothfus Slaughter Veasey [Roll No. 62] Blunt Rochester Foster Lofgren Roybal-Allard Smith (MO) Vela Bonamici Foxx Loudermilk Royce (CA) Smith (NE) Vela´ zquez AYES—404 Bost Frankel (FL) Love Ruiz Smith (NJ) Visclosky Abraham Dent Kennedy Boyle, Brendan Frelinghuysen Lowenthal Ruppersberger Smith (TX) Wagner Adams DeSaulnier Khanna F. Fudge Lowey Rush Smith (WA) Walberg Aderholt DesJarlais Kihuen Brady (TX) Gabbard Lucas Russell Smucker Walden Aguilar Deutch Kildee Brat Gaetz Luetkemeyer Rutherford Soto Walorski Allen Diaz-Balart Kilmer Brooks (AL) Gallagher Lujan Grisham, Ryan (OH) Speier Walters, Mimi Amodei Dingell Kind Brooks (IN) Gallego M. Sa´ nchez Stefanik Wasserman Arrington Doggett King (IA) Brown (MD) Garamendi Luja´ n, Ben Ray Sanford Stewart Schultz Babin Donovan King (NY) Brownley (CA) Garrett MacArthur Sarbanes Stivers Waters, Maxine Bacon Doyle, Michael Kinzinger Buchanan Gianforte Maloney, Scalise Suozzi Watson Coleman Banks (IN) F. Knight Buck Gibbs Carolyn B. Schakowsky Swalwell (CA) Weber (TX) Barletta Duffy Krishnamoorthi Bucshon Gohmert Maloney, Sean Schiff Takano Webster (FL) Barr Duncan (SC) Kuster (NH) Budd Gomez Marchant Schneider Taylor Welch Barton Dunn Kustoff (TN) Burgess Gonzalez (TX) Marino Schrader Tenney Wenstrup Bass Ellison Labrador Bustos Goodlatte Marshall Schweikert Thompson (CA) Westerman Beatty Emmer LaHood Butterfield Gosar Massie Scott (VA) Thompson (MS) Williams Bera Engel LaMalfa Byrne Gottheimer Mast Scott, Austin Thompson (PA) Wilson (FL) Bergman Eshoo Lamborn Calvert Granger Matsui Scott, David Thornberry Wilson (SC) Beyer Espaillat Lance Capuano McCarthy Sensenbrenner Tipton Wittman Graves (GA) Biggs Estes (KS) Langevin McCaul Serrano Titus Womack Carbajal Graves (LA) Bilirakis Esty (CT) Larsen (WA) ´ Sessions Tonko Woodall Cardenas Graves (MO) McClintock Bishop (GA) Evans Larson (CT) Carson (IN) Green, Al McCollum Sewell (AL) Torres Yarmuth Shea-Porter Tsongas Yoder Bishop (MI) Farenthold Latta Carter (GA) Green, Gene McEachin Bishop (UT) Faso Lawrence Carter (TX) Griffith McGovern Sherman Turner Yoho Shimkus Upton Young (AK) Blackburn Ferguson Lawson (FL) Cartwright Grijalva McHenry Blum Fitzpatrick Lee Castor (FL) Grothman McKinley Simpson Valadao Young (IA) Sires Vargas Zeldin Blumenauer Fleischmann Levin Castro (TX) Guthrie McMorris Blunt Rochester Flores Lewis (MN) Chabot Gutie´rrez Rodgers NOT VOTING—23 Bonamici Fortenberry Lieu, Ted Cheney Hanabusa McNerney Bost Foster Lipinski Barraga´ n Harris Moulton Chu, Judy Handel McSally Boyle, Brendan Foxx LoBiondo Brady (PA) Hartzler Rouzer Cicilline Harper Meadows F. Frankel (FL) Loebsack Bridenstine Hultgren Clark (MA) Hastings Meehan Shuster Brady (TX) Frelinghuysen Lofgren Crist Jones Clarke (NY) Heck Meeks Sinema Brat Fudge Loudermilk Cummings Katko Clay Hensarling Meng Trott Brooks (AL) Gabbard Love Demings Lewis (GA) Cleaver Herrera Beutler Messer Walker Brooks (IN) Gaetz Lowenthal DeSantis Long Clyburn Hice, Jody B. Mitchell Walz Brown (MD) Gallagher Lowey Gowdy Lynch Coffman Higgins (LA) Moolenaar Brownley (CA) Gallego Lucas Cohen Higgins (NY) Mooney (WV) Buchanan Garamendi Luetkemeyer Cole Hill Moore b 1906 Buck Garrett Lujan Grisham, Collins (GA) Himes Mullin Bucshon Gianforte M. Collins (NY) Holding Murphy (FL) Messrs. RICHMOND and Budd Gibbs Luja´ n, Ben Ray Comer Hollingsworth Nadler GARAMENDI changed their vote from Burgess Gohmert Lynch Comstock Hoyer Napolitano Bustos Gomez MacArthur Conaway Hudson Neal ‘‘nay’’ to ‘‘yea.’’ Butterfield Gonzalez (TX) Maloney, Connolly Huffman Newhouse So (two-thirds being in the affirma- Byrne Goodlatte Carolyn B. Cook Huizenga Noem tive) the rules were suspended and the Calvert Gosar Maloney, Sean Cooper Hunter Nolan Capuano Gottheimer Marchant Correa Hurd Norcross bill, as amended, was passed. Carbajal Granger Marino Costa Issa Norman The result of the vote was announced Ca´ rdenas Graves (GA) Marshall Costello (PA) Jackson Lee Nunes as above recorded. Carson (IN) Graves (LA) Mast Courtney Jayapal O’Halleran Carter (GA) Graves (MO) Matsui Cramer Jeffries O’Rourke A motion to reconsider was laid on Carter (TX) Green, Al McCarthy Crawford Jenkins (KS) Olson the table. Cartwright Green, Gene McCaul Crowley Jenkins (WV) Palazzo Castor (FL) Griffith McClintock Cuellar Johnson (GA) Pallone Castro (TX) Grijalva McCollum Culberson Johnson (LA) Palmer f Chabot Grothman McEachin Curbelo (FL) Johnson (OH) Panetta Cheney Guthrie McGovern Curtis Johnson, E. B. Pascrell Chu, Judy Gutie´rrez McHenry Davidson Johnson, Sam Paulsen UKRAINE CYBERSECURITY Cicilline Hanabusa McKinley Davis (CA) Jordan Payne COOPERATION ACT OF 2017 Clark (MA) Handel McMorris Davis, Danny Joyce (OH) Pearce Clarke (NY) Harper Rodgers Davis, Rodney Kaptur Pelosi The SPEAKER pro tempore (Mr. Clay Hastings McNerney DeFazio Keating Perlmutter ADERHOLT). The unfinished business is Cleaver Heck McSally DeGette Kelly (IL) Perry the question on suspending the rules Clyburn Hensarling Meadows Delaney Kelly (MS) Peters and passing the bill (H.R. 1997) to en- Coffman Herrera Beutler Meehan DeLauro Kelly (PA) Peterson Cohen Hice, Jody B. Meeks DelBene Kennedy Pingree courage United States-Ukraine cyber- Cole Higgins (LA) Meng Denham Khanna Pittenger security cooperation and require a re- Collins (GA) Higgins (NY) Messer Dent Kihuen Pocan port regarding such cooperation, and Collins (NY) Hill Mitchell DeSaulnier Kildee Poe (TX) Comer Himes Moolenaar DesJarlais Kilmer Poliquin for other purposes, as amended. Comstock Holding Mooney (WV) Deutch Kind Polis The Clerk read the title of the bill. Conaway Hollingsworth Moore Diaz-Balart King (IA) Posey The SPEAKER pro tempore. The Connolly Hoyer Mullin Dingell King (NY) Price (NC) Cook Hudson Murphy (FL) Doggett Kinzinger Quigley question is on the motion offered by Cooper Huffman Nadler Donovan Knight Raskin the gentleman from California (Mr. Correa Huizenga Napolitano Doyle, Michael Krishnamoorthi Ratcliffe ROYCE) that the House suspend the Costa Hunter Neal F. Kuster (NH) Reed rules and pass the bill, as amended. Costello (PA) Hurd Newhouse Duffy Kustoff (TN) Reichert Courtney Issa Noem Duncan (SC) Labrador Renacci The question was taken. Cramer Jackson Lee Nolan Duncan (TN) LaHood Rice (NY) The SPEAKER pro tempore. In the Crawford Jayapal Norcross Dunn LaMalfa Rice (SC) opinion of the Chair, two-thirds being Crowley Jeffries Norman Ellison Lamborn Richmond Cuellar Jenkins (KS) Nunes Emmer Lance Roby in the affirmative, the ayes have it. Culberson Jenkins (WV) O’Halleran Engel Langevin Roe (TN) RECORDED VOTE Curbelo (FL) Johnson (GA) O’Rourke Eshoo Larsen (WA) Rogers (AL) Curtis Johnson (LA) Olson Espaillat Larson (CT) Rogers (KY) Mr. YOUNG of Iowa. Mr. Speaker, I Davidson Johnson (OH) Palazzo Estes (KS) Latta Rohrabacher demand a recorded vote. Davis (CA) Johnson, E. B. Pallone Esty (CT) Lawrence Rokita A recorded vote was ordered. Davis, Danny Johnson, Sam Palmer Evans Lawson (FL) Rooney, Francis Davis, Rodney Jordan Panetta Farenthold Lee Rooney, Thomas The SPEAKER pro tempore. This DeFazio Joyce (OH) Pascrell Faso Levin J. will be a 5-minute vote. DeGette Kaptur Paulsen Ferguson Lewis (MN) Ros-Lehtinen The vote was taken by electronic de- Delaney Keating Payne Fitzpatrick Lieu, Ted Rosen DeLauro Kelly (IL) Pearce Fleischmann Lipinski Roskam vice, and there were—ayes 404, noes 3, DelBene Kelly (MS) Pelosi Flores LoBiondo Ross not voting 23, as follows: Denham Kelly (PA) Perlmutter

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A07FE7.003 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H967 Perry Ryan (OH) Thompson (PA) [Roll No. 63] Grothman Lynch Rush Peters Sa´ nchez Thornberry Gutie´rrez MacArthur Rutherford Peterson Sanford Tipton AYES—210 Hanabusa Maloney, Ryan (OH) Pingree Sarbanes Titus Abraham Frankel (FL) Norman Hastings Carolyn B. Sarbanes Pittenger Scalise Tonko Aderholt Frelinghuysen Nunes Herrera Beutler Maloney, Sean Schakowsky Pocan Schakowsky Torres Allen Gabbard O’Rourke Hice, Jody B. Marchant Schiff Poe (TX) Schiff Tsongas Amodei Garrett Olson Hill Massie Schrader Poliquin Schneider Turner Arrington Gianforte Palmer Holding Mast Scott, David Polis Schrader Upton Hoyer Matsui Babin Gonzalez (TX) Panetta Serrano Posey Schweikert Valadao Hudson McGovern Bacon Goodlatte Pascrell Sewell (AL) Price (NC) Scott (VA) Vargas Banks (IN) Granger Pelosi Huffman McKinley Quigley Scott, Austin Veasey Huizenga McSally Sires Barletta Griffith Perlmutter Raskin Scott, David Vela Hurd Meehan Slaughter Barr Guthrie Peters Ratcliffe Sensenbrenner Vela´ zquez Jackson Lee Meeks Soto Barton Handel Pingree Reed Serrano Visclosky Jayapal Messer Stivers Beatty Harper Pocan Reichert Sessions Wagner Jeffries Neal Suozzi Bilirakis Heck Polis Renacci Sewell (AL) Walberg Jenkins (KS) Nolan Swalwell (CA) Bishop (UT) Hensarling Quigley Rice (NY) Shea-Porter Walden Jenkins (WV) Norcross Tenney Blumenauer Higgins (LA) Rice (SC) Rice (SC) Sherman Walorski Johnson (OH) O’Halleran Thompson (CA) Blunt Rochester Higgins (NY) Richmond Richmond Shimkus Walters, Mimi Johnson, E. B. Palazzo Thompson (MS) Bonamici Himes Roby Roby Simpson Wasserman Jordan Pallone Thompson (PA) Boyle, Brendan Hollingsworth Roe (TN) Roe (TN) Sires Schultz F. Hunter Keating Paulsen Tipton Rogers (AL) Slaughter Waters, Maxine Rogers (KY) Khanna Payne Brady (TX) Issa Rohrabacher Torres Rogers (KY) Smith (MO) Watson Coleman Brat Johnson (GA) Kihuen Pearce Turner Rohrabacher Smith (NE) Weber (TX) Rooney, Francis Kilmer Perry Brooks (IN) Johnson (LA) Rooney, Thomas Upton Rokita Smith (NJ) Webster (FL) Brown (MD) Johnson, Sam Kind Pittenger Valadao Rooney, Francis Smith (TX) Welch J. Kinzinger Buchanan Joyce (OH) Poe (TX) Vargas Rooney, Thomas Smith (WA) Wenstrup Ross Knight Poliquin Budd Kaptur Veasey J. Smucker Westerman Rothfus LaHood Posey Bustos Kelly (IL) Vela Ros-Lehtinen Soto Williams Royce (CA) Lance Price (NC) Butterfield Kelly (MS) Ruppersberger Vela´ zquez Rosen Speier Wilson (FL) Byrne Kelly (PA) Langevin Raskin Roskam Stefanik Wilson (SC) Russell Larson (CT) Reed Visclosky Calvert Kennedy Sanford Walberg Ross Stewart Wittman Carter (TX) Kildee Latta Reichert Scalise Watson Coleman Rothfus Stivers Womack Cartwright King (IA) Lee Renacci Schneider Weber (TX) Roybal-Allard Suozzi Woodall Castro (TX) King (NY) Levin Rogers (AL) Schweikert Wittman Royce (CA) Swalwell (CA) Yarmuth Chabot Krishnamoorthi Lieu, Ted Rokita Scott (VA) Woodall Ruiz Takano Yoder Cheney Kuster (NH) LoBiondo Ros-Lehtinen Scott, Austin Ruppersberger Taylor Yoho Cicilline Kustoff (TN) Loebsack Rosen Yoder Sensenbrenner Rush Tenney Young (AK) Clay Labrador Lofgren Roskam Yoho Sessions Russell Thompson (CA) Young (IA) Cole LaMalfa Love Roybal-Allard Young (AK) Shea-Porter Rutherford Thompson (MS) Zeldin Collins (GA) Lamborn Lowenthal Ruiz Zeldin Sherman Collins (NY) Lawrence NOES—3 Shimkus ANSWERED ‘‘PRESENT’’—3 Comstock Lawson (FL) Amash Duncan (TN) Massie Conaway Lewis (MN) Simpson Cleaver Garamendi Tonko Cook Lipinski Smith (MO) NOT VOTING—23 Cooper Loudermilk Smith (NE) NOT VOTING—32 Smith (NJ) Barraga´ n Gowdy Moulton Courtney Lowey ´ Smith (TX) Barragan DeSantis Peterson Black Harris Cramer Lucas Rouzer Smith (WA) Biggs Gowdy Ratcliffe Brady (PA) Hartzler Crawford Luetkemeyer Black Harris Shuster Smucker Rice (NY) Bridenstine Hultgren Cuellar Lujan Grisham, Brady (PA) Hartzler Sinema Speier Rouzer Crist Jones Curbelo (FL) M. Bridenstine Hultgren Trott Stefanik Sa´ nchez Cummings Katko Curtis Luja´ n, Ben Ray Bucshon Jones Walker Stewart Shuster Demings Lewis (GA) Davidson Marino Chu, Judy Katko Walz Takano Sinema DeSantis Long Davis (CA) Marshall Crist Larsen (WA) Taylor Trott Davis, Danny McCarthy Culberson Lewis (GA) Thornberry Walker DeLauro McCaul Cummings Long Titus Walz b 1916 DelBene McClintock Demings Moulton Dent McCollum Tsongas So (two-thirds being in the affirma- DesJarlais McEachin Wagner tive) the rules were suspended and the Deutch McHenry Walden b 1924 bill, as amended, was passed. Dingell McMorris Walorski Doggett Rodgers Walters, Mimi So the Journal was approved. The result of the vote was announced Donovan McNerney Wasserman The result of the vote was announced Schultz as above recorded. Duncan (TN) Meadows as above recorded. A motion to reconsider was laid on Dunn Meng Waters, Maxine Ellison Mitchell Webster (FL) the table. Emmer Moolenaar Welch f Engel Mooney (WV) Wenstrup f Eshoo Moore Westerman Estes (KS) Mullin Williams WESTERN AREA POWER ADMINIS- Evans Murphy (FL) Wilson (FL) TRATION TRANSPARENCY ACT THE JOURNAL Ferguson Nadler Wilson (SC) Fleischmann Napolitano Womack The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The un- Fortenberry Newhouse Yarmuth Foster Noem Young (IA) ARRINGTON). The unfinished business is finished business is the question on the question on suspending the rules agreeing to the Speaker’s approval of NOES—185 and passing the bill (H.R. 2371) to re- the Journal, which the Chair will put Adams Clark (MA) Espaillat quire the Administrator of the Western de novo. Aguilar Clarke (NY) Esty (CT) Area Power Administration to estab- The question is on the Speaker’s ap- Amash Clyburn Farenthold lish a pilot project to provide increased proval of the Journal. Bass Coffman Faso Bera Cohen Fitzpatrick transparency for customers, and for The question was taken; and the Bergman Comer Flores other purposes. Speaker pro tempore announced that Beyer Connolly Foxx The Clerk read the title of the bill. the ayes appeared to have it. Bishop (GA) Correa Fudge Bishop (MI) Costa Gaetz The SPEAKER pro tempore. The RECORDED VOTE Blackburn Costello (PA) Gallagher question is on the motion offered by Mr. YOUNG of Iowa. Mr. Speaker, I Blum Crowley Gallego the gentleman from Arizona (Mr. Bost Davis, Rodney Gibbs demand a recorded vote. Brooks (AL) DeFazio Gohmert GOSAR) that the House suspend the A recorded vote was ordered. Brownley (CA) DeGette Gomez rules and pass the bill. The SPEAKER pro tempore. This Buck Delaney Gosar The question was taken; and (two- Burgess Denham Gottheimer will be a 5-minute vote. Capuano DeSaulnier Graves (GA) thirds being in the affirmative) the The vote was taken by electronic de- Carbajal Diaz-Balart Graves (LA) rules were suspended and the bill was vice, and there were—ayes 210, noes 185, Ca´ rdenas Doyle, Michael Graves (MO) passed. Carson (IN) F. Green, Al answered ‘‘present’’ 3, not voting 32, as Carter (GA) Duffy Green, Gene A motion to reconsider was laid on follows: Castor (FL) Duncan (SC) Grijalva the table.

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A07FE7.004 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H968 CONGRESSIONAL RECORD — HOUSE February 7, 2018 GATEWAY ARCH NATIONAL PARK and historic launch of its giant Falcon Mr. PANETTA. Mr. Speaker, I rise DESIGNATION ACT Heavy rocket, now the world’s most today to recognize a couple of Olympic The SPEAKER pro tempore. The un- powerful operational rocket, from Cape athletes from my district on the cen- finished business is the question on Canaveral on Tuesday, February 6, tral coast of California. suspending the rules and passing the 2018. Brita Sigourney and Nick bill (S. 1438) to redesignate the Jeffer- Besides the launch itself, which car- Cunningham will be representing Team son National Expansion Memorial in ried Mr. Musk’s personal Tesla Road- USA at the Olympics in South Korea. the State of Missouri as the ‘‘Gateway ster into space, SpaceX also achieved a Brita attended the same schools I Arch National Park’’. second amazing feat by guiding two of went to, Carmel High and UC Davis. The Clerk read the title of the bill. the Falcon Heavy’s rocket boosters She is a freestyle skier, and she is the The SPEAKER pro tempore. The back to Earth for an upright landing. first woman to land a 1080 in competi- question is on the motion offered by This rocket launch has paved the way tion at the halfpipe run, and she is one the gentleman from Arizona (Mr. for faster, cheaper launches of sat- of the top female freestyle skiers in the world. GOSAR) that the House suspend the ellites and cargo into space. Nick is a bobsledder. He also went to rules and pass the bill. So, as the representative of Califor- one of the schools I went to: Monterey The question was taken; and (two- nia’s 43rd Congressional District, this Peninsula College. He is a sergeant in thirds being in the affirmative) the milestone is especially meaningful to the Army National Guard and a mem- rules were suspended and the bill was me. SpaceX is headquartered in my dis- ber of the Army’s World Class Athlete passed. trict in the city of Hawthorne, Cali- Program. A motion to reconsider was laid on fornia, and employs thousands of tal- Starting this Friday, Brita and Nick the table. ented men and women in our commu- nity. will compete on the world stage under f I congratulate Elon Musk and the stars and stripes of our flag. USDA FUNDING WILL HELP ERADI- SpaceX for continuing the great tradi- As we know, the Olympics is an event CATE SPOTTED LANTERNFLY IN tion of achievement by aerospace com- where many different people from dif- PENNSYLVANIA panies in the South Bay. ferent places come together and com- pete with one another for the thrill of (Mr. THOMPSON of Pennsylvania f victory and the agony of defeat, and in asked and was given permission to ad- OLIVIA, 7 YEARS OLD, WANTS TO doing so, they provide their opponents dress the House for 1 minute and to re- PROTECT TREES with dignity and respect. vise and extend his remarks.) Hopefully we here in Washington will Mr. THOMPSON of Pennsylvania. (Mr. POE of Texas asked and was not only watch the Olympics, but we Mr. Speaker, earlier today, USDA Sec- given permission to address the House will learn from Olympians like Brita retary Sonny Perdue announced $17.5 for 1 minute.) and Nick, because it is our hometown million in emergency funding to stop Mr. POE of Texas. Mr. Speaker, I athletes who not only understand what the spread of the spotted lanternfly in have a letter here from one of my it takes to win, they know what it the Commonwealth of Pennsylvania. grandkids, 7-year-old Olivia. ‘‘January 28th. takes to represent the best team at the The spotted lanternfly is beautiful, ‘‘Dear Congressman Poe, Olympics and the best country in the with its distinctive and colorful wings, ‘‘I am writing to tell you that the en- world. but it is an invasive and threatening vironment is very important to me. pest and its spread must be stopped. f ‘‘We need to make sure that enough The spotted lanternfly is originally NANCY PELOSI STANDS ON HER money is spent on keeping the world native to parts of China, India, Viet- FEET WITH COMPASSION AND clene. nam, and Eastern Asia. It was first dis- PASSION ‘‘I love seeing all the beauty in the covered in Berks County, Pennsyl- world. (Ms. JACKSON LEE asked and was vania, but now has spread to 13 coun- ‘‘I know that you agree with me that given permission to address the House ties. It is a threat to apples and grapes trees, flowers and lakes are worth pro- for 1 minute.) and peaches, stone fruits, and various tecting. Ms. JACKSON LEE. Mr. Speaker, I tree species throughout Pennsylvania. ‘‘I planted broccoli last year and I think most of the world today saw the Pennsylvania’s Agriculture Sec- want every kid to have that oppor- leader of the Democratic Caucus, retary Russell Reading has been work- tunity at their school too. NANCY PELOSI, stand on her feet with ing to combat its spread, and this Fed- ‘‘Please do your best! compassion and passion for the 800,000 eral funding will only increase the ‘‘Sincerely, Olivia. #8, Dallas, DREAMers, those who are desperately Commonwealth’s ability to fight this Texas.’’ in need of a solution, and 140,000 in the pest. Mr. Speaker, No. 8 is my grand- State of Texas. We pray that her stand- As vice chair of the House Agri- daughter Olivia. I call my 12 grandkids ing and reading those stories will move culture Committee, I have been work- by their birth number. this body to do what is right. ing with Congressman RYAN COSTELLO Well, Olivia, Mr. CICILLINE and I are FEMA NEEDS TO BE COMPLETELY REORGANIZED and Congressman LLOYD SMUCKER and introducing legislation to protect trees Ms. JACKSON LEE. Mr. Speaker, I all members of the Pennsylvania dele- on government easements of interstate also want to do what is right for my gation to ensure that we have the re- highways. constituents. FEMA needs to be com- sources necessary to eradicate the Sometimes trees are cleared at tax- pletely reorganized. As a member of spotted lanternfly. payer expense so that billboards on ad- the Homeland Security Committee, we I applaud Secretary Perdue’s swift jacent property can be seen. are seeking to divide FEMA into the prevention efforts before the Olivia is right, ‘‘Trees are worth pro- emergency component and the long- planthopper starts to reemerge this tecting.’’ We should preserve the trees term recovery. spring. on the interstates because, as No. 8 So many of my constituents have re- f says, ‘‘The environment is important.’’ ceived FEMA denial letters. They don’t b 1930 And that is just the way it is. know what to do with those letters f even though we have advocated for SPACEX them to appeal. It is important for (Ms. MAXINE WATERS of California RECOGNIZING OLYMPIC ATHLETES FEMA to address the question of these asked and was given permission to ad- FROM THE CENTRAL COAST OF letters throughout the hurricane-dev- dress the House for 1 minute.) CALIFORNIA astated areas, including throughout Ms. MAXINE WATERS of California. (Mr. PANETTA asked and was given Puerto Rico, the Virgin Islands, Flor- Mr. Speaker, I rise today to recognize permission to address the House for 1 ida, and beyond. the extraordinary achievement of Elon minute and to revise and extend his re- People are hurting. FEMA must as- Musk and SpaceX for the spectacular marks.) sess these denials. They must reach out

VerDate Sep 11 2014 04:51 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.208 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H969 again for review, and they must stand must tell you. A good many of us were those persons who came here from El up for a long-term recovery of an amaz- afforded the opportunity to go in and Salvador who were here in this coun- ing, devastating flood like Hurricane out, but she stood there for the en- try. We didn’t want to send them back Harvey that had 51.22 inches, 21 trillion tirety of the 8 hours and spoke elo- to devastation. We didn’t want to put gallons of water, and Houston under- quently about the needs of the them in harm’s way. We are a caring water for a period of days. DREAMers, spoke eloquently about the Nation. We showed how much we care We must help the American people things that they have done to make by giving them the opportunity to have and Texans. our country a better place, spoke elo- temporary protected status. f quently about how America the Beau- His mother sought temporary pro- tiful is a more beautiful America be- tected status for herself and her son. HONORING THE LIFE OF THOMAS cause they are here. His mother believed that she and her DAY, JR. I would like to associate myself with son had temporary protected status. (Mr. KIHUEN asked and was given her comments. I believe that she is a However, Mr. Speaker, later on when permission to address the House for 1 part of that avant garde that will ulti- Mr. Escobar sought to get his renewal minute.) mately bring justice to those young of the temporary protected status, he Mr. KIHUEN. Mr. Speaker, today I people who came here, not of their own discovered that a mistake had been rise to remember the life of Thomas volition, but who came here with some- made. It is difficult to know what hap- Day, Jr. one, some parent, some significant pened, but it wasn’t done with any kind Thomas loved spending time with his other, some person who had care, cus- of malice aforethought. There was a four kids, Whitney, Candice, Kelsey, tody, and control, and who have done mistake that was made that could have and Nolan, and his two grandkids. He all of the right things, save having been corrected, I believe, but it wasn’t. loved boating with his family, cheering been born here, and deserve an oppor- Mr. Escobar did not run and hide. He for the Pittsburgh Steelers, and coach- tunity to remain in this country. presented himself. Mr. Escobar went to ing Little League baseball. So, Ms. PELOSI, wherever you are, I the authorities. He tried his best to He worked as an estimator for Por- want you to know that I have great ad- correct this mistake, and in the proc- trait Construction for more than 20 miration for you and I adore you for ess of doing this, he maintained a life, years and was very personable and what you have done tonight. and in maintaining his life, he did what friendly with everyone he met. His Mr. Speaker, I am here to also speak ordinary people do, what people do who children’s friends called him ‘‘Daddy on behalf of a constituent, Mr. Jose are young: he married. He married Day’’. Escobar. Mr. Speaker, he is my con- Rose Escobar. Thomas will be remembered by all stituent. He lived in my congressional While they were married, they had those who knew him as a fun-loving district. I do regret that he has been two beautiful children. He now has a and amazing family man. deported to El Salvador, but notwith- daughter who is 4 years of age. He has I would like to extend my condo- standing the distance between us, he is a son who is 8 years of age. lences to Thomas Day’s family and still my constituent, just as I had a b 1945 friends, and please note that the city of constituent who was detained in China. Notwithstanding the distance, this His son and his daughter are here in Las Vegas, the State of Nevada, and the United States of America, but I re- the whole country grieve with you. was still my constituent, and we fought with her husband and her gret to inform you, Mr. Speaker, that f friends and other Members of Congress Mr. Escobar is no longer in the United BRINGING JUSTICE TO DREAMERS to get her back to the United States of States of America because on March 7, America, and she has been returned. 2006, he was married, but on March 7, The SPEAKER pro tempore. Under 2006, he was removed from this coun- the Speaker’s announced policy of Jan- The entirety of that time while she was away, she still remained my con- try. And it was done in such a way as uary 3, 2017, the gentleman from Texas to create great sorrow, great pain, (Mr. AL GREEN) is recognized for 60 stituent, just as I have a constituent who is currently in Syria being de- within his family. minutes as the designee of the minor- At the time of his removal, he was ity leader. tained. We are going to fight to bring that working. At the time of his removal, he Mr. AL GREEN of Texas. Mr. Speak- constituent back. That constituent was doing all of the things that we ex- er, once again I am honored to stand in will be my constituent as long as I am pect a man with a family to do. He was the well of the House of Representa- in the Congress of the United States of taking care of his children. He was a tives. America and that constituent is de- father to his children. He was taking I have been blessed and fortunate tained in Syria. My hope is that we care of his wife, and she was taking enough to stand here and to have the will get our constituent back sooner care of him. He was a good husband to opportunity to vote on some of the rather than later, but it doesn’t matter his wife. He was, by all counts, by all great issues of our time. I am proud to about the time. What matters is that I standards, by any acid test, a good say that I was here to vote on the Af- am committed to stay with that con- American, saving the fact that he was fordable Care Act, and I am proud to stituent and make sure that his moth- not born in the United States. say that I still stand behind the Afford- er and father believe that we are work- But he went in for what he thought able Care Act. ing with them to bring him home. would be another visit because he had I was here to vote on the Lilly So it is, Mr. Speaker, with Mr. a work permit, and when he went in to Ledbetter Fair Pay legislation. I still Escobar. He is my constituent. He has visit the government by and through stand behind what we did on that great been deported to San Salvador in El his agents and immigration, these au- occasion. Salvador. Notwithstanding the fact thorities decided and did what I believe I was here to vote on a good many that he has been deported, he is still they were ordered to do. I hold no pieces of legislation, but I must tell someone that I am going to work to grudge against them. I think they were you, Mr. Speaker, I am very proud to bring back to this country. doing what was required of them. They have been here today to see the Honor- Mr. Escobar came to this country at were doing what they perceived to be able NANCY PELOSI as she took a stand the age of 15. He was brought here. He their jobs. for those who cannot be here to stand came here right around the time the And in so doing, they detained him. for themselves. She took a stand for earthquakes took place in January of And in detaining him, his wife left with the DREAMers, and not only did she 2001. While he was here, there was an- their baby in her arms. She came be- speak for them and stand up for them, other earthquake that took place on lieving they would all return home to- she also literally took a stand on her February 13, 2001. These earthquakes gether, but she was separated from her feet for more than 8 hours in heels. devastated El Salvador. There were husband, children separated from their Mr. Speaker, that is a part of history people who died. Hundreds of people father, and she went home and she that I will forever remember, and I am died. cried. proud to have been here, not in the As we do in this country, we offered But she is strong. She did more than room for the entirety of the time, I TPS, temporary protected status, to simply cry. She decided that she was

VerDate Sep 11 2014 03:26 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.210 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H970 CONGRESSIONAL RECORD — HOUSE February 7, 2018 going to fight and she was going to get criminals, those who had committed nity on the line. You want their dig- her husband returned home lawfully. It serious offenses, a traffic offense never nity? You want them to have a sense of was a sad day, however, in her life to thought to be the kind of offense that security? Give me a wall. I will trade know that her children would not see would get him deported, extradited, you a wall for their security and their their father for some time and did not evicted from this country after having dignity. These are difficult times. have the opportunity to say good-bye. been here longer than he had lived in Voltaire, the great French philoso- Her son wanted to know: Where is my El Salvador. pher, has an adage that reminds us father? And she had to give an expla- Yes, he came without inspection is that those who can make you believe nation to her son, an explanation that the proper terminology, as I under- absurdities can cause you to commit did not meet with the circumstance, stand it. But he came without proper atrocities. but he was young and she did not documents, he did. While here, he be- It is absurd to conclude that we are choose to tell him that agents of the haved, complied, thought that he was doing a righteous thing when we sepa- government had taken their father going to go in for an indication that he rate a father from his wife and children away from them, the son and the was still going to have his job and stay under the circumstances that Mr. daughter. with his family. This is what he Escobar suffers under, circumstances So she told him that he was away. thought. that he, quite frankly, didn’t create She allowed him to have the hope that So I went to see him, and his wife himself. He came here as a child—cir- he would return. She was hurt. He was was with me. We met with him for ap- cumstances that we ought to acknowl- sad. The father was taken away with proximately 3 hours. We found out that edge and we ought to want to do some- $20 in his pocket and the clothes on his he is still living in a state of insecu- thing about, circumstances that ought back, taken to a country that he had rity. We found out that he is not able to say to us we ought not negotiate not been in for some 16 years. He had to have the kind of employment that with the lives of human beings. lived longer in this country than he he needs so that he can send money This is a difficult time for our coun- lived in El Salvador. Dropped off at the back to take care of his family. We try. This is an absurdity. And remem- airport in El Salvador with $20 in his found out that he still has hope, that ber, people who can convince you that pocket and the clothes on his back in a he still has dreams, that he still be- an absurdity is the right thing can con- country where the gangs are, by defini- lieves that he should be united with his vince you to do things that are going tion, terrorists. Legal definition, they family. He believes that this country to be harmful to good, decent people, are classified as terrorists, where they will still live up to the ideals that we harmful to the Jose Escobars of the extort, where they do harm, such harm have expressed and extolled. He still world. and such extortion that many people believes that those who say that they So I am here tonight on behalf of Mr. leave the country to save their chil- believe in family values will value the Escobar and the many Escobars of the dren and prevent them from becoming family that he has and will want to see world because I don’t want an absurd- him reunited with his family. a part of the terrorist gangs that roam ity to become an atrocity, a greater The law says it can be done. We are the streets. atrocity than it is. And I would hope going to pursue it. We are going to file He knew that he had to leave that legislation to ask that my colleagues that my colleagues would reconsider airport before it was dark; hence, he here in Congress join us in not only this notion of negotiating with the decided to collaborate with others who helping this Escobar, but all of the lives of people. were similarly situated. They put their Jose Escobars who are similarly situ- When history looks back upon this, money together and they acquired the ated, torn apart from their families. when those who look back upon us services of a taxi to get them out of the We are a country of family values. through the vista of time, through the heart of the city, to get them out into We have at least one party, and I be- window of the years, they are going to an area where they thought that they lieve both, but one party that prides see that at this time, in 2018, there might have some degree of security. itself on family values. How can we were people negotiating with the lives It cost him the entire $20, but there allow this kind of atrocity to continue of people and they thought that it was was someone that he was able to call and persist if we are the party that be- a legitimate thing to do. who met him and took him to a place lieves in family values? We must do I am not going to fight about a wall of safety. Even to this day he does not what we can to make it clear to those that really is a false fence of security. traverse certain areas. To this day, he who don’t understand that we will I am not going to fight you about that. does not have the sense of security change this circumstance. I am going to believe that when there that you and I have, Mr. Speaker. There are some who will say that you were other people who were suffering So he is still my constituent. He can’t get this kind of thing done. I dif- and needed help, there were people who went to El Salvador, not by choice, fer. But let’s assume for a moment that were willing to come forward and make dropped off at an airport, $20 in his it can’t be. I don’t believe this. I be- sacrifices for them. pocket and the clothes on his back. lieve that we can get Mr. Escobar re- b 2000 His wife came to our office and has united with his family, but let’s as- asked for our help, and we are going to sume for a moment that we can’t. So, with that thought in mind, I help, and we are helping. Just this last Then when you can’t, and you know want you to know, I may have to make weekend, I went to El Salvador to see it is a righteous cause, you have got a concessions for the lives of people, but my constituent. I was there to assure duty to do all that you can. We must I don’t want to negotiate. If there is him that we are still with him, that we do all that we can to prevent families something that I will vote on, then I are still working to bring him back to from being torn apart. This is why I will vote, but I don’t want to negotiate this country lawfully. went to El Salvador, to assure Mr. when it comes to the lives of people. He was married, had children. His Escobar. This is why I am on the floor I believe, Mr. Speaker, that this is a wife is an American citizen. His chil- of the House tonight, because I want great moment for us, a great moment dren are American citizens. He came my colleagues to know that we will file for us to do something that is more here, thought he had TPS—temporary legislation to aid, assist, and protect than right, a great moment to do some- protected status—did not, but did not the Escobars of the world. thing that is righteous, a great mo- run, did not hide. We are living in some very difficult ment for us to demonstrate that we He thought that the President was times. We are living in times now such will stand for something so as to cause sincere when he said he was going to go that people will negotiate with the the world to know that we won’t fall after the bad guys; he was going to go lives of people, negotiate with the lives for anything. after the criminals. He did not believe of the Jose Escobars. You give me a We are not going to fall for the no- that when the President said ‘‘crimi- wall, and I will give you freedom for tion that you can just play with the nals,’’ it meant Jose Escobar who only Mr. Escobar or the Escobars of the lives of people. We are not going to fall had a speeding ticket. He didn’t think world, the DREAMers of the world. for the notion that lives are going to be that that would apply to him, the no- Let’s negotiate. Let’s put their free- measured in walls. Lives are going to tion that the President would go after dom, their liberty, their sense of dig- be measured in how we will impact

VerDate Sep 11 2014 04:56 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.212 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H971 family reunification. Lives are going to minority leader, Ms. PELOSI, for her to the back of the line like everyone be measured in how we are going to plea on behalf of the DACA recipients. else. DACA recipients are illegal immi- deal with diversity in the visa pro- She certainly showed great passion and grants. Presumably, they were brought gram. We are not going to measure stamina. here as children by their family mem- lives that way. I do wonder, however, why she is so bers who, presumably, were also here I don’t think it is a good deal. I think concerned now. This is not a new prob- illegally. it is a terrible deal. I think it is an lem. All of these people who qualify for But I would like to focus here for a atrocity when you offer me the lives of DACA today had to be here by the year few minutes on legal immigration. You people, but in exchange, I have got to 2007. They were here illegally in the have to differentiate, and people con- give you $25 billion, and I have got to United States during those 2 years fuse the two. You see, our legal immi- change family reunification such that when Ms. PELOSI served as Speaker of gration system is quite complex, and it is not as we know it today, and I the House and Harry Reid was the lead- most Americans are unaware of the de- have got to guarantee you that you are er of a supermajority of Democrats in tails. But, Mr. Speaker, I would like to not going to have to worry about diver- the Senate and Barack Obama was point out a few things that are really sity as it relates to persons coming President, yet she took no action then. important for the American public to into the country. They could have passed a law, rather understand about our legal immigra- I don’t think it is a good deal. Some- than having President Obama sign an tion system. one today said that the President of- illegal executive order, and given the We accept 1.1 million legal immi- fered a good deal and we ought to ac- DACA kids a pathway to citizenship, grants per year. I would like to refer to cept it. It is not a good deal for me, not but I guess it wasn’t a priority then. this chart for a minute, which I know a good deal for the people that I rep- Last month, my home county, Horry is hard to see on TV, but as recent as resent. I don’t like it. I wouldn’t nego- County, South Carolina, settled a the year 1970, we were accepting 200,000 tiate it. claim brought by the United States De- legal immigrants per year. That num- The fact of the matter is, it is not a partment of Justice. It seems the De- ber passed 400,000 in about 1980. You negotiation. They are asking for a ca- partment determined that Horry Coun- can see this big spike. That is when pitulation: either take it or leave it. ty wasn’t doing enough to accommo- President Reagan promised us that, if That is not negotiation. But I still say date students who couldn’t speak we would make the people who were that we ought not negotiate with the English. here illegally legal, we would secure lives of people. One would think that wouldn’t be this border and we wouldn’t have a Mr. Speaker, I close with this. much of a problem in South Carolina. We, who have been charged with the problem again. We are a long way from our southern awesome responsibility of representing But you see what has happened now, border. But as it turns out, according the many in our society, have got to this is legal immigration. It has gone to the Horry County independent news- remember that the greatness of our up and up and up to the point now papers, 5,511 out of the 44,700 students country is not going to be measured by where we are accepting almost 1.2 mil- how we treat those who live in the in Horry County Schools spoke English lion legal immigrants per year. If you suites of life, how we treat those who as a second language only. That is 13 add on top of that the hundreds of have millions, how we treat those who percent of the student body in Horry thousands of illegal immigrants com- can buy their way into the country, County, South Carolina. ing in that number is much higher So the school system agreed to pay a how we treat those who have done well. than this. This is only legal immigra- claim by paying $600,000 to accommo- It is not going to be measured by how tion. date those students who couldn’t speak we treat the well-off, the well-heeled, Mr. Speaker, at 1.1 million legal im- English. My constituents back home and the well-to-do. migrants, there are people who stand The greatness of our votes and what certainly have sympathy for all chil- up here and say that we are hard-heart- we do will be measured by how we treat dren—including the DACA children— ed if we don’t accept every illegal im- but before they resolve this DACA those that Speaker PELOSI—currently migrant who gets across our border. issue, they have one condition. They minority leader, Speaker PELOSI— But the numbers say otherwise. The spoke of in the Book of Matthew, how want the flow of illegal immigrants numbers don’t lie. we treat the least among us—the least, stopped first, and so do I. We are very open to immigration. We the last, and the lost. That is really Thirty years ago, we gave amnesty to still go by the motto on the Statue of how the greatness of a country is going millions of illegal aliens on the prom- Liberty. We accept people from all over to be measured. The greatness of Amer- ise that we would stop the flow of ille- the world, 1.2 legal immigrants a year. ica will be measured this way. gal immigration. Yet here we sit again. And look at this slide, Mr. Speaker. And we can play all the games that Well, fool me once, shame on you; fool This is a representation of the top 10 we want, but in the final analysis, me twice, shame on me. countries in the world that accept legal when we have to give that final judg- I am willing to try to find a solution immigrants. ment and receive that judgment, it for the DACA folks, but first we have You will notice on the far side, here won’t be about how well we treated to stop the flow. President Trump has is the United States. This is as of the millionaires and how many tax breaks made an offer to resolve the DACA year 2015. We accepted 1.051 million we gave them. It is going to be: What issue. I think it is quite reasonable. He legal immigrants. The next closest was did you do for those who are not in a has laid out a good framework: number Germany at 686,000. We are almost position to do for themselves? one, secure the border; number two, twice as much as the next one. And if Mr. Speaker, I pray that we will live end chain migration; number three, you add the next five together, we are up to the expectations that we pledge end the visa lottery. still more than they are. allegiance to in the flag: liberty and Personally, I want to add to that list So anybody who tells you that our justice for all. a legal obligation on employers to immigration system is hard-hearted is Mr. Speaker, I yield back the balance check the immigration status of the simply ignoring the facts. It is baloney. of my time. people they hire. This system called E- We have the most open system of legal Verify is already required in many f immigration in the world, by far. States, including South Carolina. If E- Most countries base their immigra- LEGAL IMMIGRATION Verify is required and enforced, it will tion system on merit. Ours, on the The SPEAKER pro tempore (Mr. end the practice of coming here ille- other hand, two-thirds of our legal im- FASO). Under the Speaker’s announced gally for a job. migrants come in based on chain mi- policy of January 3, 2017, the gen- In return, under the President’s pro- gration. The criteria is extended fam- tleman from South Carolina (Mr. RICE) posal, 1.8 million DACA recipients— ily, so we end up importing a lot of is recognized for 60 minutes as the des- which is almost three times what people that have low education and low ignee of the majority leader. President Obama had proposed—would skill sets. Mr. RICE of South Carolina. Mr. be granted legal status, but no special Most countries say, look, we want to Speaker, I would also like to thank the pathway to citizenship. They would go use or immigration system to become

VerDate Sep 11 2014 04:56 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.214 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H972 CONGRESSIONAL RECORD — HOUSE February 7, 2018 more competitive, to make our econ- BILL PRESENTED TO THE transmitting notification that the Secretary omy thrive, to lift not only the immi- PRESIDENT of State will convene an Accountability Re- view Board to examine the circumstances grants, but the people who live here. So Karen L. Haas, Clerk of the House, what they say is, if you have a skill set surrounding the unexplained incidence of reported that on February 6, 2018, she medical conditions consistent with mild or an educational background that we presented to the President of the traumatic brain injury in some U.S. govern- need, then you move to the front of the United States, for his approval, the fol- ment personnel and their accompanying de- line. It makes perfect sense. It makes lowing bill: pendents in Havana, Cuba, pursuant to Sec. sense for the immigrant. It makes 301 of the Omnibus Diplomatic Security and H.R. 4708. To amend the Homeland Secu- sense for the economy of the country. Antiterrorism Act of 1986; to the Committee rity Act of 2002 to require the Secretary of on Foreign Affairs. It makes sense for the people who live Homeland Security to issue Department of there. 3901. A letter from the Associate General Homeland Security-wide guidance and de- Counsel, Department of Agriculture, trans- Ours, on the other hand, is based on velop training programs as part of the De- chain migration. So does that make us mitting three (3) notifications of a nomina- partment of Homeland Security Blue Cam- tion, and an action on nomination, pursuant more competitive or less competitive? paign, and for other purposes. to 5 U.S.C. 3349(a); Public Law 105-277, 151(b); Mr. Speaker, look at this slide. The f (112 Stat. 2681-614); to the Committee on top slide here—this is from the Center Oversight and Government Reform. on Immigration Studies—shows that ADJOURNMENT 3902. A letter from the Deputy General immigrants, our legal immigrant fami- Mr. WOODALL. Mr. Speaker, I move Counsel for Operations, Department of Hous- lies, families headed by a legal immi- that the House do now adjourn. ing and Urban Development, transmitting grant in the United States, 51 percent four (4) notifications of action on nomina- The motion was agreed to; accord- tion, and discontinuation of service in acting of them get some type of social safety ingly (at 8 o’clock and 17 minutes net benefit; 51 percent, as compared to role, pursuant to 5 U.S.C. 3349(a); Public Law p.m.), under its previous order, the 105-277, 151(b); (112 Stat. 2681-614); to the 30 percent for the average family. The House adjourned until tomorrow, Committee on Oversight and Government head of household is a native-born Thursday, February 8, 2018, at 9 a.m. Reform. American. Fifty-one percent of the for morning-hour debate. 3903. A letter from the General Counsel, people that we are bringing into our Federal Housing Finance Agency, transmit- country under chain migration end up f ting the Agency’s final rule — Freedom of relying on our social safety net. EXECUTIVE COMMUNICATIONS, Information Act Implementation [RIN: 2590- AA86] received February 5, 2018, pursuant to Mr. Speaker, I have to ask you, it is ETC. only common sense. Do you think that 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. makes us more competitive or less Under clause 2 of rule XIV, executive 251; (110 Stat. 868); to the Committee on Oversight and Government Reform. competitive? Don’t you think that communications were taken from the Speaker’s table and referred as follows: 3904. A letter from the Executive Sec- drives up our deficit, Mr. Speaker? retary, U.S. Agency for International Devel- Don’t you think it takes resources 3896. A letter from the Congressional Re- opment, transmitting two (2) notifications of away from people in this country al- view Coordinator, Animal and Plant Health designation of acting officer, and an action Inspection Service, Department of Agri- on nomination, pursuant to 5 U.S.C. 3349(a); ready that need it? culture, transmitting the Department’s final The bottom of this slide represents Public Law 105-277, 151(b); (112 Stat. 2681-614); rule — Importation of Orchids in Growing to the Committee on Oversight and Govern- the amount of dollars from our social Media From Taiwan [Docket No.: APHIS- safety net that are taken by immigrant ment Reform. 2016-0005] (RIN: 0579-AE28) received January 3905. A letter from the Deputy Chief, En- families versus Native American fami- 31, 2018, pursuant to 5 U.S.C. 801(a)(1)(A); forcement Bureau, Federal Communications lies. You can see the average immi- Public Law 104-121, Sec. 251; (110 Stat. 868); to Commission, transmitting the Commission’s grant family getting benefits gets an the Committee on Agriculture. final rule — Amendment of Section 1.80(b) of average of $6,200 a year in benefits, 3897. A letter from the Acting Assistant the Commission’s Rules; Adjustment of Civil while the average family headed by Secretary of Defense, Homeland Defense and Monetary Penalties to Reflect Inflation re- somebody who was born in America Global Security, Department of Defense, ceived January 31, 2018, pursuant to 5 U.S.C. transmitting the Department’s report on as- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 gets $4,400 in benefits. sistance provided by the Department of De- So it is very easy to see, Mr. Speak- Stat. 868); to the Committee on the Judici- fense for certain sporting events for calendar ary. er. It is common sense that using chain year 2017, pursuant to 10 U.S.C. 2564(e); Pub- 3906. A letter from the Management and migration in the visa lottery to deter- lic Law 104-201, Sec. 367(a); (110 Stat. 2496); to Program Analyst, FAA, Department of mine two-thirds, 65 percent of our im- the Committee on Armed Services. Transportation, transmitting the Depart- migrants, 800,000 people, the result is 3898. A letter from the Secretary, Depart- ment’s final rule — Airworthiness Direc- that we bring in people with a low edu- ment of Commerce, transmitting certifi- tives; Pratt and Whitney Division Turbofan cation, a low skill set that end up rely- cation that for calendar year 2017, the legiti- Engines [Docket No.: FAA-2017-0719; Product ing on our social safety net and, in mate commercial activities and interests of Identifier 2017-NE-22-AD; Amendment 39- fact, make our country less competi- chemical, biotechnology, and pharma- 19163; AD 2018-02-10] (RIN: 2120-AA64) received ceutical firms in the United States were not tive and take resources away from February 6, 2018, pursuant to 5 U.S.C. significantly harmed by the limitations of 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 folks at the bottom end of the scale the Convention on access to, and production Stat. 868); to the Committee on Transpor- here in America that need these re- of, those chemicals and toxins listed in tation and Infrastructure. sources. Schedule 1 of the Annex on Chemicals, con- 3907. A letter from the Management and sistent with the resolution of advice and con- b 2015 Program Analyst, FAA, Department of sent to ratification of the Convention on the Transportation, transmitting the Depart- I believe our immigration system is Prohibition of the Development, Production, ment’s final rule — Airworthiness Direc- broken. The President believes so too. Stockpiling, and Use of Chemical Weapons tives; Airbus Helicopters [Docket No.: FAA- He has said: and on Their Destruction, adopted by the 2017-0826; Product Identifier 2016-SW-084-AD; I want a bighearted deal for the DACA Senate of the United States on April 24, 1997, Amendment 39-19153; AD 2018-01-12] (RIN: kids. and Executive Order 13346; to the Committee 2120-AA64) received February 6, 2018, pursu- on Foreign Affairs. Leader Pelosi is also very concerned ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- 3899. A letter from the Deputy Assistant 121, Sec. 251; (110 Stat. 868); to the Committee about the DACA kids obviously. So we Secretary for Export Administration, Bureau on Transportation and Infrastructure. have areas of agreement, and I am glad of Industry and Security, Department of 3908. A letter from the Management and we do. I look forward to an agreement Commerce, transmitting the Department’s Program Analyst, FAA, Department of that takes care of the DREAMers, se- final rule — Addition of Certain Entities; Re- Transportation, transmitting the Depart- cures our borders, and moves us to a moval of Certain Entities; and Revisions of ment’s final rule — Airworthiness Direc- modern, merit-based immigration sys- Entries on the Entity List [Docket No.: tives; Various Restricted Category Heli- tem like every other developed country 170804727-7727-01] (RIN: 0694-AH43) received copters [Docket No.: FAA-2017-0894; Product January 29, 2018, pursuant to 5 U.S.C. Identifier 2017-SW-044-AD; Amendment 39- has that lifts our economy and at the 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 19160; AD 2018-02-07] (RIN: 2120-AA64) received same time lifts opportunity for all Stat. 868); to the Committee on Foreign Af- February 6, 2018, pursuant to 5 U.S.C. Americans. fairs. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Mr. Speaker, I yield back the balance 3900. A letter from the Assistant Secretary, Stat. 868); to the Committee on Transpor- of my time. Legislative Affairs, Department of State, tation and Infrastructure.

VerDate Sep 11 2014 04:56 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K07FE7.215 H07FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 7, 2018 CONGRESSIONAL RECORD — HOUSE H973 3909. A letter from the Management and 2017-0514; Product Identifier 2016-NM-206-AD; System Listings [Docket No.: SSA-2017-0055] Program Analyst, FAA, Department of Amendment 39-19148; AD 2018-01-07] (RIN: (RIN: 0960-AI17) received January 29, 2018, Transportation, transmitting the Depart- 2120-AA64) received February 6, 2018, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ment’s final rule — Airworthiness Direc- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- 104-121, Sec. 251; (110 Stat. 868); to the Com- tives; The Enstrom Helicopter Corporation 121, Sec. 251; (110 Stat. 868); to the Committee mittee on Ways and Means. Helicopters [Docket No.: FAA-2017-0141; on Transportation and Infrastructure. f Product Identifier 2016-SW-067-AD; Amend- 3917. A letter from the Management and ment 39-19154; AD 2018-02-01] (RIN: 2120-AA64) Program Analyst, FAA, Department of PUBLIC BILLS AND RESOLUTIONS received February 6, 2018, pursuant to 5 Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ment’s final rule — Airworthiness Direc- Under clause 2 of rule XII, public 251; (110 Stat. 868); to the Committee on tives; Airbus Airplanes [Docket No.: FAA- bills and resolutions of the following Transportation and Infrastructure. 2017-1244; Product Identifier 2013-NM-145-AD; titles were introduced and severally re- 3910. A letter from the Management and Amendment 39-19152; AD 2018-01-11] (RIN: ferred, as follows: Program Analyst, FAA, Department of 2120-AA64) received February 6, 2018, pursu- By Ms. SA´ NCHEZ (for herself and Mr. Transportation, transmitting the Depart- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ROSKAM): ment’s final rule — Airworthiness Direc- 121, Sec. 251; (110 Stat. 868); to the Committee H.R. 4957. A bill to provide better care and tives; Aerospace Welding Minneapolis, Inc., on Transportation and Infrastructure. outcomes for Americans living with Alz- 3918. A letter from the Management and Mufflers [Docket No.: FAA-2017-0324; Product heimer’s disease and related dementias and Program Analyst, FAA, Department of Directorate 2017-CE-004-AD; Amendment 39- their caregivers while accelerating progress Transportation, transmitting the Depart- 19157; AD 2018-02-04] (RIN: 2120-AA64) received toward prevention strategies, disease modi- ment’s final rule — Airworthiness Direc- February 6, 2018, pursuant to 5 U.S.C. fying treatments, and, ultimately, a cure; to tives; Airbus Airplanes [Docket No.: FAA- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 the Committee on Energy and Commerce, 2017-1243; Product Identifier 2012-NM-150-AD; Stat. 868); to the Committee on Transpor- and in addition to the Committee on Ways Amendment 39-19151; AD 2018-01-10] (RIN: tation and Infrastructure. and Means, for a period to be subsequently 3911. A letter from the Management and 2120-AA64) received February 6, 2018, pursu- determined by the Speaker, in each case for Program Analyst, FAA, Department of ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- consideration of such provisions as fall with- Transportation, transmitting the Depart- 121, Sec. 251; (110 Stat. 868); to the Committee in the jurisdiction of the committee con- ment’s final rule — Airworthiness Direc- on Transportation and Infrastructure. cerned. tives; Bell Helicopter Textron Helicopters 3919. A letter from the Management and By Mr. BOST (for himself and Ms. ESTY [Docket No.: FAA-2017-0895; Product Identi- Program Analyst, FAA, Department of of Connecticut): fier 2017-SW-048-AD; Amendment 39-19161; AD Transportation, transmitting the Depart- H.R. 4958. A bill to increase, effective as of 2018-02-08] (RIN: 2120-AA64) received Feb- ment’s final rule — Airworthiness Direc- December 1, 2018, the rates of compensation ruary 6, 2018, pursuant to 5 U.S.C. tives; Fokker Services B.V. Airplanes [Dock- for veterans with service-connected disabil- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 et No.: FAA-2017-1242; Product Identifier ities and the rates of dependency and indem- Stat. 868); to the Committee on Transpor- 2013-NM-043-AD; Amendment 39-19150; AD nity compensation for the survivors of cer- tation and Infrastructure. 2018-01-09] (RIN: 2120-AA64) received Feb- tain disabled veterans, and for other pur- 3912. A letter from the Management and ruary 6, 2018, pursuant to 5 U.S.C. poses; to the Committee on Veterans’ Af- Program Analyst, FAA, Department of 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 fairs. Transportation, transmitting the Depart- Stat. 868); to the Committee on Transpor- By Mr. BUDD: ment’s final rule — Airworthiness Direc- tation and Infrastructure. tives; Fokker Services B.V. Airplanes [Dock- 3920. A letter from the Management and H.R. 4959. A bill to amend the Internal Rev- et No.: FAA-2018-0022; Product Identifier Program Analyst, FAA, Department of enue Code of 1986 to ensure that the tem- 2015-NM-044-AD; Amendment 39-19162; AD Transportation, transmitting the Depart- porary refundable portion of the child tax 2018-02-09] (RIN: 2120-AA64) received Feb- ment’s final rule — Airworthiness Direc- credit is not less than the payroll taxes paid ruary 6, 2018, pursuant to 5 U.S.C. tives; The Boeing Company Airplanes [Dock- by the taxpayer; to the Committee on Ways 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 et No.: FAA-2017-0629; Product Identifier and Means. Stat. 868); to the Committee on Transpor- 2016-NM-184-AD; Amendment 39-19149; AD By Mrs. HARTZLER (for herself, Mr. tation and Infrastructure. 2018-01-08] (RIN: 2120-AA64) received Feb- CLAY, Mrs. WAGNER, Mr. LUETKE- 3913. A letter from the Management and ruary 6, 2018, pursuant to 5 U.S.C. MEYER, Mr. CLEAVER, Mr. GRAVES of Program Analyst, FAA, Department of 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Missouri, Mr. LONG, and Mr. SMITH of Transportation, transmitting the Depart- Stat. 868); to the Committee on Transpor- Missouri): ment’s final rule — Airworthiness Direc- tation and Infrastructure. H.R. 4960. A bill to designate the facility of tives; Fokker Services B.V. Airplanes [Dock- 3921. A letter from the Management and the United States Postal Service located at et No.: FAA-2017-1249; Product Identifier Program Analyst, FAA, Department of 511 East Walnut Street in Columbia, Mis- 2013-NM-104-AD; Amendment 39-19156; AD Transportation, transmitting the Depart- souri, as the ‘‘Spc. Sterling William Wyatt 2018-02-03] (RIN: 2120-AA64) received Feb- ment’s final rule — Airworthiness Direc- Post Office Building’’; to the Committee on ruary 6, 2018, pursuant to 5 U.S.C. tives; Honeywell International Inc. Turbo- Oversight and Government Reform. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 prop and Turboshaft Engines [Docket No.: By Mr. BEYER (for himself, Mr. WITT- Stat. 868); to the Committee on Transpor- FAA-2016-9418; Product Identifier 2016-NE-23- MAN, Mr. GARAMENDI, Mr. SERRANO, tation and Infrastructure. AD; Amendment 39-19167; AD 2018-02-14] (RIN: Mr. DESAULNIER, Mr. POCAN, Mr. 3914. A letter from the Management and 2120-AA64) received February 6, 2018, pursu- BRADY of Pennsylvania, Ms. NORTON, Program Analyst, FAA, Department of ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Mrs. COMSTOCK, Mr. KILMER, Ms. Transportation, transmitting the Depart- 121, Sec. 251; (110 Stat. 868); to the Committee BARRAGA´ N, Mr. PERLMUTTER, Ms. ment’s final rule — Airworthiness Direc- on Transportation and Infrastructure. SHEA-PORTER, Mr. CONNOLLY, Mr. tives; Airbus Airplanes [Docket No.: FAA- 3922. A letter from the Chief, Publications CICILLINE, Ms. CLARK of Massachu- 2018-0023; Product Identifier 2017-NM-084-AD; and Regulations Branch, Internal Revenue setts, Mr. CUMMINGS, Mr. SCOTT of Amendment 39-19164; AD 2018-02-11] (RIN: Service, transmitting the Service’s IRB only Virginia, Ms. MENG, Mr. LOWENTHAL, 2120-AA64) received February 6, 2018, pursu- rule — Revenue Procedure Modifying Rev- Ms. PINGREE, Mr. TAKANO, Mr. BROWN ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- enue Procedure 2018-5 (Rev. Proc. 2018-10) re- of Maryland, Mr. HOYER, Mr. RASKIN, 121, Sec. 251; (110 Stat. 868); to the Committee ceived January 29, 2018, pursuant to 5 U.S.C. Mr. DELANEY, Mr. LYNCH, Mr. on Transportation and Infrastructure. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 VARGAS, Mr. SARBANES, Mr. MEEKS, 3915. A letter from the Management and Stat. 868); to the Committee on Ways and Mr. PRICE of North Carolina, Ms. Program Analyst, FAA, Department of Means. DELAURO, Mr. PAYNE, Mr. VEASEY, Transportation, transmitting the Depart- 3923. A letter from the Director, Office of Mr. BLUMENAUER, Ms. KUSTER of New ment’s final rule — Airworthiness Direc- Regulations and Reports Clearance, Social Hampshire, Mrs. CAROLYN B. MALO- tives; Dassault Aviation Airplanes [Docket Security Administration, transmitting the NEY of New York, Mr. BEN RAY LUJA´ N No.: FAA-2017-1250; Product Identifier 2017- Administration’s final rule — Extension of of New Mexico, Mr. COLE, Ms. CLARKE NM-174-AD; Amendment 39-19159; AD 2018-02- Sunset Date for Attorney Advisor Program of New York, Ms. LEE, Mr. YARMUTH, 06] (RIN: 2120-AA64) received February 6, [Docket No.: SSA-2017-0062] (RIN: 0960-AI26) Mr. WELCH, Mr. COOPER, Mr. LEWIS of 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public received January 29, 2018, pursuant to 5 Georgia, Mr. LANGEVIN, Ms. Law 104-121, Sec. 251; (110 Stat. 868); to the U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. MICHELLE LUJAN GRISHAM of New Committee on Transportation and Infra- 251; (110 Stat. 868); to the Committee on Mexico, Mrs. LOWEY, Mrs. BUSTOS, structure. Ways and Means. Ms. MOORE, Mr. SOTO, Ms. MCCOLLUM, 3916. A letter from the Management and 3924. A letter from the Regulations Officer, Mr. CLAY, Ms. ESHOO, Mr. RUPPERS- Program Analyst, FAA, Department of Office of Regulations and Reports Clearance, BERGER, Mr. MCEACHIN, Mr. BRENDAN Transportation, transmitting the Depart- Social Security Administration, transmit- F. BOYLE of Pennsylvania, Mr. ment’s final rule — Airworthiness Direc- ting the Administration’s final rule — Ex- MCGOVERN, Mr. FOSTER, Mr. tives; Airbus Airplanes [Docket No.: FAA- tension of Expiration Dates for Four Body O’HALLERAN, Mrs. WATSON COLEMAN,

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Mr. COURTNEY, Mr. COHEN, Ms. SCHA- By Ms. MENG: Pennsylvania, Mr. FITZPATRICK, Mr. KOWSKY, Ms. ADAMS, Mr. VISCLOSKY, H.R. 4970. A bill to require the creation and HECK, Ms. JAYAPAL, Mr. JOHNSON of Mr. HASTINGS, Mr. RYAN of Ohio, Mr. maintenance of a MadeInAmerica.gov Georgia, Mr. KENNEDY, Mr. KING of DANNY K. DAVIS of Illinois, Mr. CART- website; to the Committee on Energy and Iowa, Mr. KRISHNAMOORTHI, Ms. WRIGHT, Ms. HANABUSA, Ms. Commerce. KUSTER of New Hampshire, Mr. LAR- STEFANIK, Mr. VELA, Mr. MICHAEL F. By Mr. MOONEY of West Virginia (for SEN of Washington, Mrs. LAWRENCE, DOYLE of Pennsylvania, Ms. himself and Mr. MACARTHUR): Mr. LAWSON of Florida, Mrs. LOVE, PLASKETT, Mr. GRIFFITH, Mr. GRI- H.R. 4971. A bill to amend the Securities Mr. LUETKEMEYER, Mr. BEN RAY JALVA, Mr. CARSON of Indiana, Mr. Act of 1933 to exempt from registration with LUJA´ N of New Mexico, Mr. MCNER- LAWSON of Florida, Mr. MCNERNEY, the Securities and Exchange Commission NEY, Mr. NOLAN, Mr. POCAN, Mr. Ms. ESTY of Connecticut, Mr. EVANS, certain accredited investor transactions RYAN of Ohio, Ms. SHEA-PORTER, Mr. Mr. PALLONE, Ms. ROYBAL-ALLARD, within transparent secondary markets, and SIMPSON, Ms. SLAUGHTER, Mr. SMITH Mr. COSTA, Ms. BLUNT ROCHESTER, for other purposes; to the Committee on Fi- of Washington, Mr. SOTO, Mr. THOMP- Mr. PANETTA, Mr. SMITH of Wash- nancial Services. SON of Pennsylvania, Mr. UPTON, Mr. ington, Mr. SIRES, Mr. JONES, Mr. By Ms. NORTON: VEASEY, Mr. WESTERMAN, Ms. WILSON CORREA, Mr. CRIST, Ms. BORDALLO, H.R. 4972. A bill to amend the title VII of of Florida, Mr. YARMUTH, and Ms. Mrs. DEMINGS, and Ms. SLAUGHTER): the Civil Rights Act of 1964, the Age Dis- HANABUSA): H.R. 4961. A bill to provide for the com- crimination in Employment Act of 1967, the H. Res. 730. A resolution supporting the pensation of Federal employees furloughed Fair Labor Standards Act of 1938, the Ameri- goals and ideals of Career and Technical during a Government shutdown; to the Com- cans with Disabilities Act of 1990, the Reha- Education Month; to the Committee on Edu- mittee on Oversight and Government Re- bilitation Act of 1973, and the Genetic Infor- cation and the Workforce. form. mation Nondiscrimination Act of 2008 to re- By Ms. LEE (for herself, Ms. NORTON, By Mr. CARTER of Georgia (for him- quire that individuals who perform work for Mr. PAYNE, Mr. SERRANO, Ms. MCCOL- self, Mr. WESTERMAN, Mr. ABRAHAM, employers as independent contractors be LUM, Mr. NADLER, Mr. GRIJALVA, Ms. Mr. AUSTIN SCOTT of Georgia, Mr. treated as employees; to the Committee on BORDALLO, Mr. ELLISON, Mr. KHANNA, GOODLATTE, Mr. PALAZZO, and Mr. Education and the Workforce. Ms. WASSERMAN SCHULTZ, Mr. THOMP- BISHOP of Georgia): By Mr. ROGERS of Alabama (for him- SON of Mississippi, Ms. WILSON of H.R. 4962. A bill to amend the Internal Rev- self and Mr. LOEBSACK): Florida, Mr. LEWIS of Georgia, Ms. enue Code of 1986 to provide a special rule for H.R. 4973. A bill to require the Secretary of CLARKE of New York, Mr. RICHMOND, certain casualty losses of uncut timber; to Defense to develop and implement a plan to Ms. SLAUGHTER, Mr. JOHNSON of the Committee on Ways and Means. provide chiropractic health care services and Georgia, Ms. BASS, Mr. COHEN, Ms. By Mr. CARTWRIGHT (for himself, Mr. benefits for certain new beneficiaries as part BARRAGA´ N, Mr. LAWSON of Florida, MESSER, Mr. UPTON, Mr. REICHERT, of the TRICARE program; to the Committee Ms. SCHAKOWSKY, Mr. MEEKS, Mr. Mr. PERRY, and Mr. CLAY): on Armed Services. POCAN, Mr. HASTINGS, Mr. GOMEZ, Mr. H.R. 4963. A bill to amend title 18, United By Mr. SMUCKER: LOWENTHAL, Mr. SCHIFF, Mr. CART- States Code, to provide for assistance for vic- H.R. 4974. A bill to amend the Immigration WRIGHT, Ms. FRANKEL of Florida, Mr. tims of child pornography, and for other pur- and Nationality Act to render overstaying a DANNY K. DAVIS of Illinois, Mr. poses; to the Committee on the Judiciary. visa a criminal offense, and for other pur- DEUTCH, Ms. MOORE, Mr. ENGEL, Ms. By Ms. HANABUSA (for herself and Ms. poses; to the Committee on the Judiciary. CASTOR of Florida, Mr. SEAN PATRICK GABBARD): By Mr. WELCH (for himself, Ms. CAS- MALONEY of New York, Mr. CRIST, H.R. 4965. A bill to establish best practices TOR of Florida, Mr. ENGEL, and Mr. Mr. CARSON of Indiana, Ms. JAYAPAL, for State, tribal, and local governments par- KEATING): Ms. ADAMS, Ms. MAXINE WATERS of ticipating in the Integrated Public Alert and H.R. 4975. A bill to amend the Atomic En- California, Mr. MCEACHIN, Mr. Warning System, and for other purposes; to ergy Act of 1954 to provide for consultation MCGOVERN, Mrs. WATSON COLEMAN, the Committee on Transportation and Infra- with State, tribal, and local governments, Ms. ROYBAL-ALLARD, Mr. DAVID structure, and in addition to the Committee the consideration of State, tribal, and local SCOTT of Georgia, Ms. SPEIER, Ms. on Homeland Security, for a period to be concerns, and the approval of post-shutdown EDDIE BERNICE JOHNSON of Texas, Ms. subsequently determined by the Speaker, in decommissioning activities reports by the JACKSON LEE, and Mr. CAPUANO): each case for consideration of such provi- Nuclear Regulatory Commission; to the H. Res. 731. A resolution supporting the sions as fall within the jurisdiction of the Committee on Energy and Commerce. goals and ideals of National Black HIV/AIDS committee concerned. By Mr. WELCH (for himself and Mr. Awareness Day; to the Committee on Energy By Mr. KELLY of Mississippi: THOMPSON of Pennsylvania): and Commerce. H.R. 4966. A bill to make continuing appro- H.R. 4976. A bill to establish a grant pro- By Mrs. CAROLYN B. MALONEY of priations for pay for certain training for gram to support landscape-scale restoration New York (for herself and Mr. BILI- members of the National Guard and of the and management, and for other purposes; to RAKIS): reserve components of the Armed Forces in the Committee on Agriculture, and in addi- H. Res. 732. A resolution urging Turkey to the event of a shutdown of the Federal Gov- tion to the Committee on Natural Resources, respect the rights and religious freedoms of ernment, to prohibit the furlough of such for a period to be subsequently determined the Ecumenical Patriarchate; to the Com- members during such a shutdown, and for by the Speaker, in each case for consider- mittee on Foreign Affairs. other purposes; to the Committee on Appro- ation of such provisions as fall within the ju- By Mr. PAYNE (for himself, Mr. priations, and in addition to the Committee risdiction of the committee concerned. MULLIN, Mr. DEFAZIO, Mr. GONZALEZ on Armed Services, for a period to be subse- By Mr. WILSON of South Carolina: of Texas, Ms. NORTON, Ms. MICHELLE quently determined by the Speaker, in each H. Res. 728. A resolution reaffirming LUJAN GRISHAM of New Mexico, Mrs. case for consideration of such provisions as United States support for Israel and con- NAPOLITANO, Mr. PERLMUTTER, Mr. fall within the jurisdiction of the committee demning the United Nations Human Rights PETERS, Mr. RYAN of Ohio, Mrs. WAT- concerned. Council for certain wasteful and abusive ac- SON COLEMAN, Mr. COHEN, Mr. By Ms. MICHELLE LUJAN GRISHAM tions; to the Committee on Foreign Affairs, MCGOVERN, Mrs. CAROLYN B. MALO- of New Mexico (for herself and Mr. and in addition to the Committee on Finan- NEY of New York, Ms. BORDALLO, and BEN RAY LUJA´ N of New Mexico): cial Services, for a period to be subsequently Mr. BUCHANAN): H.R. 4967. A bill to amend the Richard B. determined by the Speaker, in each case for H. Res. 733. A resolution expressing support Russell National School Lunch Act and the consideration of such provisions as fall with- for health and wellness coaches and ‘‘Na- Child Nutrition Act of 1966 to improve nutri- in the jurisdiction of the committee con- tional Health and Wellness Coach Recogni- tion in tribal areas, and for other purposes; cerned. tion Week’’; to the Committee on Energy to the Committee on Education and the By Mr. VALADAO: and Commerce. Workforce. H. Res. 729. A resolution expressing the f By Mr. BEN RAY LUJA´ N of New Mex- sense of the House of Representatives that CONSTITUTIONAL AUTHORITY ico (for himself and Ms. MICHELLE countries that are party to the Hague Con- LUJAN GRISHAM of New Mexico): vention on the Civil Aspects of International STATEMENT H.R. 4968. A bill to permanently reauthor- Child Abduction should work to resolve Pursuant to clause 7 of rule XII of ize the Rio Puerco Management Committee international parental child abduction cases, the Rules of the House of Representa- and the Rio Puerco Watershed Management and for other purposes; to the Committee on tives, the following statements are sub- Foreign Affairs. Program; to the Committee on Natural Re- mitted regarding the specific powers sources. By Mr. LANGEVIN (for himself, Ms. granted to Congress in the Constitu- By Mr. MCCAUL: BARRAGA´ N, Mr. BLUM, Mr. BROWN of H.R. 4969. A bill to improve the design and Maryland, Mr. CARTER of Texas, Mr. tion to enact the accompanying bill or construction of diplomatic posts, and for COMER, Mrs. COMSTOCK, Mr. COSTELLO joint resolution. other purposes; to the Committee on Foreign of Pennsylvania, Mrs. DAVIS of Cali- By Ms. SA´ NCHEZ: Affairs. fornia, Mr. MICHAEL F. DOYLE of H.R. 4957.

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Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 850: Mr. FORTENBERRY and Mr. BAR- lation pursuant to the following: lation pursuant to the following: TON. Article I, section 8, clause 18: Article 1, Section 8, Clause 18 H.R. 858: Mr. CAPUANO. Congress shall have Power—To make all By Mr. BEN RAY LUJA´ N of New Mex- H.R. 878: Mr. JOHNSON of Louisiana, Mr. Laws which shall be necessary and proper for ico: BLUM, Mr. JORDAN, Mr. PERRY, Mr. SANFORD, carrying into Execution the foregoing Pow- H.R. 4968. and Mr. RATCLIFFE. ers, and all other Powers vested by this Con- Congress has the power to enact this legis- H.R. 1022: Mr. SIRES and Ms. ROYBAL- stitution in the Government of the United lation pursuant to the following: ALLARD. States, or in any Department of Officer Article I, Section 8 H.R. 1048: Mrs. BLACKBURN and Mr. CHABOT. thereof. By Mr. MCCAUL: H.R. 1160: Mr. YOUNG of Iowa and Ms. By Mr. BOST: H.R. 4969. MENG. H.R. 4958. Congress has the power to enact this legis- H.R. 1266: Mr. CONNOLLY. Congress has the power to enact this legis- lation pursuant to the following: H.R. 1270: Mr. GOMEZ and Mr. CONNOLLY. lation pursuant to the following: Article I, section 8, clause 1; and Article I, H.R. 1276: Mr. SHERMAN. Article I, Section 8 of the United States section 8, clause 18 of the Constitution of the H.R. 1374: Ms. KUSTER of New Hampshire. Constitution United States H.R. 1409: Ms. MATSUI, Ms. ROS-LEHTINEN, By Mr. BUDD: By Ms. MENG: Ms. CLARKE of New York, and Mr. GRAVES of H.R. 4959. H.R. 4970. Georgia. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1511: Mr. POCAN. lation pursuant to the following: lation pursuant to the following: H.R. 1552: Mr. BABIN. Article 1, Section 8 of the United States Article I, Section 8 of the U.S. Constitu- H.R. 1575: Mr. ROTHFUS. Constitution. tion. H.R. 1617: Ms. MENG, Mr. FASO, Mr. YOUNG By Mrs. HARTZLER: By Mr. MOONEY of West Virginia: of Iowa, and Mr. JOYCE of Ohio. H.R. 4960. H.R. 4971. H.R. 1683: Mr. BISHOP of Michigan and Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- HUDSON. lation pursuant to the following: lation pursuant to the following: H.R. 1783: Mr. SIRES. Article 1, Section 8, Clause 7, ‘‘The Con- Article 1, Section 8, Clause 3 of the United H.R. 1820: Mr. JONES. gress shall have power to . . . establish Post States Constitution H.R. 1825: Mr. YOUNG of Iowa, Mr. Offices and Post Roads . . .’’ By Ms. NORTON: O’HALLERAN, Ms. MENG, and Ms. NORTON. In the Constitution, the power possessed by H.R. 4972. H.R. 1861: Mr. KEATING. Congress embraces the regulation of the Congress has the power to enact this legis- H.R. 1881: Mr. MESSER, Mr. WALBERG, Mr. Postal System in the country. Therefore, the lation pursuant to the following: LAMALFA, Mr. LATTA, Mr. ROHRABACHER, Mr. proposed legislation in naming a post office clause 3 of section 8 of article I of the Con- LONG, Mr. WEBER of Texas, Mr. HARRIS, Mr. would fall under the powers granted to Con- stitution. LOUDERMILK, and Mr. SMITH of Missouri. gress in the Constitution. By Mr. ROGERS of Alabama: H.R. 1939: Mr. JONES. By Mr. BEYER: H.R. 4973. H.R. 1955: Mr. O’ROURKE. H.R. 4961. Congress has the power to enact this legis- H.R. 2242: Mr. KEATING. Congress has the power to enact this legis- lation pursuant to the following: H.R. 2259: Mr. COURTNEY and Mr. SEAN PAT- lation pursuant to the following: The power of Congress to make laws to RICK MALONEY of New York. Clause 7 of section 9 of Article I of the Con- provide for the common defense, as enumer- H.R. 2345: Mr. POCAN. stitution of the United States. ated in Article I, Section 8, Clause 1 of the H.R. 2421: Mr. SMITH of Washington. By Mr. CARTER of Georgia: United States Constitution. H.R. 2670: Mr. CONNOLLY. H.R. 4962. By Mr. SMUCKER: H.R. 2740: Mr. JOHNSON of Ohio and Mr. Congress has the power to enact this legis- H.R. 4974. LARSON of Connecticut. lation pursuant to the following: Congress has the power to enact this legis- H.R. 2771: Mr. O’HALLERAN. Article 1, Section 8, Clause 1, of the Con- lation pursuant to the following: H.R. 2820: Miss RICE of New York. stitution of the United States. Article I, Section 8 H.R. 2832: Mr. SANFORD and Mr. KUSTOFF of By Mr. CARTWRIGHT: By Mr. WELCH: Tennessee. H.R. 4963. H.R. 4975. H.R. 2856: Mr. BUDD. Congress has the power to enact this legis- H.R. 2913: Mr. GRIJALVA and Mr. BLU- Congress has the power to enact this legis- lation pursuant to the following: MENAUER. lation pursuant to the following: Article I; Section 8; Clause 1 of the Con- H.R. 2948: Mr. LOBIONDO. Article 1, Section 8, Clause 18: The Con- stitution states The Congress shall have H.R. 3085: Ms. BORDALLO. gress shall have Power To . . . make all Power To lay and collect Taxes, Duties, Im- H.R. 3199: Ms. TSONGAS. Laws which shall be necessary and proper for posts and Excises, to pay the Debts and pro- H.R. 3238: Mr. RASKIN. carrying into Execution the foregoing Pow- vide for the common Defence and general H.R. 3269: Mr. CONNOLLY. ers, and all other Powers vested by this Con- Welfare of the United States . . . H.R. 3272: Mr. SIRES and Mr. SOTO. stitution in the Government of the United By Ms. HANABUSA: H.R. 3273: Ms. MATSUI, Mrs. DINGELL, Ms. States, or in any Department or Officer H.R. 4965. KUSTER of New Hampshire, and Ms. SHEA- thereof. Congress has the power to enact this legis- PORTER. By Mr. WELCH: lation pursuant to the following: H.R. 3301: Ms. CLARKE of New York. H.R. 4976. Article I, Section 8 H.R. 3378: Mr. VELA and Mr. O’HALLERAN. Congress has the power to enact this legis- By Mr. KELLY of Mississippi: H.R. 3394: Ms. NORTON. lation pursuant to the following: H.R. 4966. H.R. 3497: Mr. CORREA, Mr. MACARTHUR, Article 1, Section 8, Clause 18: The Con- Congress has the power to enact this legis- and Mr. KILMER. gress shall have Power To . . . make all lation pursuant to the following: H.R. 3566: Mr. BARR. Laws which shall be necessary and proper for The principal constitutional authority for H.R. 3576: Mr. DUNN. carrying into Execution the foregoing Pow- this legislation is clause 7 of section 9 of ar- H.R. 3635: Mr. PAULSEN and Mr. SEAN PAT- ers, and all other Powers vested by this Con- ticle I of the Constitution of the United RICK MALONEY of New York. stitution in the Government of the United States (the appropriation power), which H.R. 3637: Ms. MATSUI. states:‘‘No Money shall be drawn from the States, or in any Department or Officer H.R. 3654: Ms. GABBARD, Mr. BRADY of Treasury, but in Consequence of Appropria- thereof. Pennsylvania, Mr. CAPUANO, and Mrs. LAW- tions made by Law. . . .’’ In addition, clause f RENCE. 1 of section 8 of article I of the Constitution H.R. 3742: Mr. CARSON of Indiana, Mr. LAN- (the spending power) provides: ‘‘The Con- ADDITIONAL SPONSORS GEVIN, Mrs. LAWRENCE, Ms. MOORE, Mr. NAD- gress shall have the Power . . . to pay the Under clause 7 of rule XII, sponsors LER, Ms. NORTON, and Mr. PAYNE. Debts and provide for the common Defence were added to public bills and resolu- H.R. 3761: Ms. JACKSON LEE. and general Welfare of the United States. H.R. 3790: Mr. ROSS and Mr. CULBERSON. . . .’’ Together, these specific constitutional tions, as follows: H.R. 3851: Mr. SMITH of New Jersey. provisions establish the congressional power H.R. 60: Mr. ROE of Tennessee. H.R. 3878: Mr. MCGOVERN. of the purse, granting Congress the author- H.R. 173: Mr. CARSON of Indiana, Mr. LEWIS H.R. 3931: Mr. TONKO, Mr. KATKO, and Ms. ity to appropriate funds, to determine their of Georgia, and Mr. RUSH. STEFANIK. purpose, amount, and period of availability, H.R. 179: Mr. CONNOLLY. H.R. 3956: Mr. BISHOP of Michigan. and to set forth terms and conditions gov- H.R. 346: Mr. JONES. H.R. 4018: Ms. NORTON, Mr. SOTO, Mr. JOHN- erning their use. H.R. 544: Ms. MAXINE WATERS of California. SON of Georgia, Mr. RASKIN, and Mr. By Ms. MICHELLE LUJAN GRISHAM H.R. 719: Mr. MCHENRY. MOULTON. of New Mexico: H.R. 846: Mr. CRIST, Mr. HURD, Mr. KHANNA, H.R. 4099: Mr. QUIGLEY, Mr. COHEN, Mr. H.R. 4967. and Mr. OLSON. FARENTHOLD, Mr. KILMER, Mr. MACARTHUR,

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Mr. THOMPSON of Pennsylvania, Mr. STIVERS, H.R. 4772: Mr. KELLY of Pennsylvania. H. Res. 21: Mr. CLEAVER. Mr. COSTELLO of Pennsylvania, Mrs. BEATTY, H.R. 4775: Mr. DAVID SCOTT of Georgia and H. Res. 129: Mr. SCALISE. Mr. BEYER, and Mr. MAST. Ms. ROYBAL-ALLARD. H. Res. 188: Mr. KHANNA. H.R. 4107: Mr. CLEAVER, Ms. BORDALLO, Mr. H.R. 4776: Mr. DESAULNIER and Ms. H. Res. 274: Mrs. MCMORRIS RODGERS, Mr. OLSON, Mr. FARENTHOLD, and Mr. BISHOP of BROWNLEY of California. ROSS, Ms. LOFGREN, and Mr. DUNCAN of Ten- Georgia. H.R. 4777: Ms. KAPTUR. nessee. ´ H.R. 4229: Mr. SMITH of Nebraska. H.R. 4782: Mr. BEN RAY LUJAN of New Mex- H. Res. 318: Mr. MACARTHUR. ico. H.R. 4242: Mr. WEBSTER of Florida. H. Res. 401: Mr. BISHOP of Michigan. H.R. 4803: Mr. RUPPERSBERGER and Mr. H.R. 4253: Mr. BLUMENAUER, Mr. AL GREEN H. Res. 529: Ms. MENG. of Texas, and Mr. DANNY K. DAVIS of Illinois. GARAMENDI. H. Res. 697: Ms. CLARK of Massachusetts. H.R. 4265: Mr. LANCE. H.R. 4831: Mr. MAST. H. Res. 699: Ms. JAYAPAL, Ms. HANABUSA, H.R. 4267: Mr. GOTTHEIMER and Mr. H.R. 4844: Mr. WEBER of Texas. and Mr. MCEACHIN. MESSER. H.R. 4854: Ms. JENKINS of Kansas. H. Res. 700: Mr. MCNERNEY. H.R. 4268: Ms. LOFGREN. H.R. 4855: Ms. BORDALLO. H.R. 4274: Mr. ZELDIN. H.R. 4856: Mr. ELLISON, Ms. SHEA-PORTER, H. Res. 707: Mr. SCHIFF. H.R. 4328: Mr. GALLEGO and Ms. JACKSON Mr. RASKIN, Ms. DELAURO, and Mr. KENNEDY. H. Res. 713: Mr. LOWENTHAL and Mr. POCAN. LEE. H.R. 4884: Mr. KIND. H. Res. 716: Ms. HANABUSA. H.R. 4461: Mr. LUETKEMEYER. H.R. 4885: Mr. RASKIN. H. Res. 722: Mr. COHEN. H.R. 4507: Mr. CALVERT. H.R. 4886: Ms. TENNEY and Mr. SENSEN- H.R. 4510: Mr. BURGESS. BRENNER. f H.R. 4527: Mr. GRIJALVA. H.R. 4888: Mr. THOMPSON of Mississippi. H.R. 4571: Mr. RUTHERFORD. H.R. 4889: Mr. ESPAILLAT. H.R. 4635: Mr. BISHOP of Michigan and Mr. H.R. 4897: Mr. KING of New York, Ms. NOR- PETITIONS, ETC. POLIQUIN. TON, Ms. STEFANIK, and Mrs. DINGELL. Under clause 3 of rule XII, H.R. 4649: Mr. WELCH and Mr. HUFFMAN. H.R. 4949: Mr. YODER and Mr. NORCROSS. H.R. 4650: Mr. CALVERT. H.R. 4953: Mrs. MIMI WALTERS of California. 78. The SPEAKER presented a petition of H.R. 4655: Ms. ROS-LEHTINEN. H.J. Res. 101: Mr. GONZALEZ of Texas. the City Commission of Lauderdale Lakes, H.R. 4682: Mr. SMUCKER. H.J. Res. 122: Mr. DUFFY, Mr. NORMAN, Mr. FL, relative to Resolution 2018-009, denounc- H.R. 4704: Ms. SCHAKOWSKY. WALKER, Mr. POSEY, Mr. FASO, Mrs. WAGNER, ing public expressions and beseeching Presi- H.R. 4744: Mr. KENNEDY and Mr. ROSKAM. Mr. WILLIAMS, Mr. RUTHERFORD, Mr. BILI- dent Donald Trump to comport himself with H.R. 4747: Mr. LOBIONDO. RAKIS, Mr. LUCAS, Mr. LOUDERMILK, Mr. the dignity that the office of the Presidency H.R. 4760: Mr. SANFORD, Mr. HUNTER, and HUIZENGA, Mrs. BLACKBURN, Mr. BIGGS, and deserves; which was referred to the Com- Mr. LAMBORN. Mr. MCCLINTOCK. mittee on the Judiciary.

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Vol. 164 WASHINGTON, WEDNESDAY, FEBRUARY 7, 2018 No. 24 Senate The Senate met at 11:30 a.m. and was Act of 1993 to establish a national criminal After he declassified the Nunes called to order by the President pro history background check system and crimi- memo, President Trump said: ‘‘A lot of tempore (Mr. HATCH). nal history review program for certain indi- people should be ashamed of them- viduals who, related to their employment, f selves. It’s a disgrace, what’s happened have access to children, the elderly, or indi- in our country.’’ This is one of the rare PRAYER viduals with disabilities, and for other pur- poses. times I have agreed with President The Chaplain, Dr. Barry C. Black, of- Trump. It is a disgrace, what has hap- Pending: fered the following prayer: pened in our country, but not for the Let us pray. McConnell motion to concur in the amend- reasons the President gives. Eternal God, how can we serve You ment of the House to the amendment of the Russia’s cyber attacks and other po- Senate to the bill. today? What do You want us to do for McConnell motion to refer the message of tential operations during the 2016 elec- Your Kingdom? the House on the bill to the Committee on tion represented a direct strike at our Today, use the lives and labors of our Appropriations, with instructions, McCon- democracy. I cannot think of a time lawmakers to make our Nation and nell amendment No. 1922, to change the en- when our national interest has been so world better. Remind our Senators actment date. threatened and the President of the that although there will be hills and McConnell amendment No. 1923 (to (the in- United States has ignored the threat. structions) amendment No. 1922), of a per- Not only has this President turned a valleys as they strive to accomplish fecting nature. Your purposes, You will always be with McConnell amendment No. 1924 (to amend- blind eye to Russia’s interference, but them, even until the end of time. Lord, ment No. 1923), of a perfecting nature. he has done nothing to prevent future attacks. He ignores the threat even inspire our legislators to know that The PRESIDING OFFICER. The Sen- though the CIA Director says Russia You have begun a good work in them ator from New Mexico. and will carry it on to completion. Sus- will try to interfere in our elections RUSSIA INVESTIGATION again. Instead, he has done everything tain them with Your grace and never Mr. UDALL. Mr. President, I come to let them go. he can to curry favor with Vladimir the floor today to speak a little bit Putin. He should be ashamed of him- We pray in Your merciful Name. about the rule of law and President Amen. self. Trump’s approach to what has hap- Unfortunately, he has demonstrated f pened as far as the Mueller investiga- time and time again that he is incapa- PLEDGE OF ALLEGIANCE tion. ble of shame. But he is not alone. Many The rule of law has protected our Na- The President pro tempore led the members of his party should be tion’s democracy, institutions, and Pledge of Allegiance, as follows: ashamed for enabling the President to citizens for over 200 years. It means undermine the special counsel inves- I pledge allegiance to the Flag of the that no one person is above the law—no United States of America, and to the Repub- tigation, for enabling his defamation of lic for which it stands, one nation under God, one—not even the President. career public servants, and for remain- indivisible, with liberty and justice for all. President Trump does not seem to re- ing silent in the face of a growing cri- spect the rule of law. He acts as if the f sis. law doesn’t apply to him. He believes The President has made clear that he RESERVATION OF LEADER TIME that he can steer the wheels of justice does not like Special Counsel Mueller’s The PRESIDING OFFICER (Mr. SUL- in whichever direction he wants to and Deputy Attorney General Rosen- LIVAN). Under the previous order, the shield himself from lawful investiga- stein’s independence and commitment leadership time is reserved. tion. to the rule of law, and he has had an f This President is willing to risk na- eye on getting rid of them for quite a tional security, to defy the judgment of while. We learned he considered firing CHILD PROTECTION the FBI Director and his team, and to them last June, and we have known for IMPROVEMENTS ACT OF 2017 release classified material for his own many months, from the President’s The PRESIDING OFFICER. Under political purposes. Think about that. own admission, that he fired FBI Direc- the previous order, the Senate will re- The President of the United States just tor James Comey to stop the Russia in- sume consideration of the House mes- declassified a top-secret document, and vestigation. These men have dedicated sage to accompany H.R. 695, which the he did it with the clear intent to under- their lives to serving our country. Mr. clerk will report. mine the investigation into Russian in- Mueller served as a Federal prosecutor The legislative clerk read as follows: terference in our election. His actions and a Department of Justice lawyer for House message to accompany H.R. 695, a should end any doubt about his willing- much of his career, and he was ap- bill to amend the National Child Protection ness to obstruct justice. pointed as FBI Director in 2001 by

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

S667

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VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.000 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S668 CONGRESSIONAL RECORD — SENATE February 7, 2018 President Bush. Mr. Rosenstein is also The evidence of interference with an do not know. But we do know that a a career Federal prosecutor and was ongoing investigation is enough reason foreign power—Russia—interfered in appointed as a U.S. attorney by Presi- to investigate. We all remember that our last election, and we do know that dent George W. Bush. President Nixon’s chief transgression the President and his team have had The President has said many times: was the coverup. Despite a constant re- significant business links to Russian fi- ‘‘There was no collusion.’’ If that is frain of denials from the President that nancial interests. true, why does the President go to such his campaign had any connection with The President’s family business con- great lengths to undermine the inves- Russia, we know there were many con- tinues today, but it does so while con- tigation? nections. cealing his tax returns and keeping The President’s intentions are trans- Former National Security Advisor their business partners secret. On top parent and dangerous. He fails to ac- Michael Flynn pled guilty to lying to of that, the Trump administration has cept that Mr. Mueller and Mr. Rosen- the FBI about his December 22, 2016, become much more accommodating of stein swore an oath to the Constitu- conversation with the Russian Ambas- Russian interests. Are these things tion. Because they will not pledge their sador about relieving U.S. sanctions connected in some way? We need to loyalty to him, he is bound and deter- imposed for Russia’s interference. know. That is why the special counsel’s mined to stop the investigation into Campaign foreign adviser George investigation is so important. his potential wrongdoing. Papadopoulos pled guilty to lying to Now is the time for every Member of But the Republican leader has de- the FBI about his contacts with people Congress to put the country ahead of layed bringing forward bipartisan legis- connected to the Russian Government. politics. Special Counsel Mueller must lation to protect Mr. Mueller from ar- Former campaign manager Paul be able to do his job, to follow the facts bitrary dismissal. In light of recent Manafort was charged in a Federal in- wherever they may lead, and to draw events, Congress must act. The special dictment with acting as a foreign agent his conclusions. Congress must pass counsel needs protection to do his job. for the pro-Russian Ukraine Govern- legislation to protect the special coun- He shouldn’t have interference from ment. The President’s son, Donald sel from being arbitrarily fired, not the President and his partisan sup- Trump, Jr., and his son-in-law, Jared serve as the President’s lieutenants in porters. Kushner, and Mr. Manafort all met an unprecedented assault on the rule of In the Senate appropriations bill for with Russian operatives to gather dirt law. the Department of Justice, I included on Hillary Clinton. Then, the President I suggest the absence of a quorum. language directing the Department of personally dictated a press statement The PRESIDING OFFICER (Mr. BAR- Justice to abide by its current regula- misrepresenting the nature of the RASSO). The clerk will call the roll. tions for the special counsel, but it is meeting. These are just a few of the The bill clerk proceeded to call the clear to me that we must do a lot connections. roll. more. Mr. President, I refer to a November Ms. WARREN. Madam President, I During the Watergate investigation, 13, 2017, article from the Washington ask unanimous consent that the order Eugene McCarthy said: ‘‘This is the Post. It chronicles many of the meet- for the quorum call be rescinded. time for all good [people] not to go to ings between the Trump campaign offi- The PRESIDING OFFICER (Mrs. the aid of their party, but to come to cials and the Russians during the cam- ERNST). Without objection, it is so or- the aid of their country.’’ paign and is too long to go into here. dered. It is time for all Members of Congress But neither the compelling evidence ATTORNEY GENERAL JEFF SESSIONS to come to the aid of our country and justifying investigation nor Mr. Ms. WARREN. Madam President, 1 ensure that Mr. Mueller and his team Mueller’s credentials have stopped the year ago today, I came to the Senate are able to gather the facts and draw President and his friends in Congress floor to oppose the nomination of Jeff their conclusions without obstruction. from attacking both. Representative Sessions to lead the Department of It is astonishing that President NUNES nominally recused himself from Trump still calls the Russia investiga- the Trump collusion investigation in Justice. The Justice Department is charged tion a ‘‘witch hunt.’’ Our government’s the House Intelligence Committee, but with defending our laws and standing 17 law enforcement and national secu- he and his colleagues on the committee rity agencies all reached the conclu- have now released a memo based on in- up for all people regardless of color, sion that Russia actively interfered complete and misleading information, sex, sexual orientation, religion, or with our Presidential election through with the President’s full backing. This ability. That night, I described Jeff Sessions’ hacking national party computers, is despite a warning from the FBI leaking information, and spreading against its release, and the Speaker appalling record on nearly every major disinformation over media and social will do nothing to rein in him or his national issue handled by the Justice media outlets. The President’s contin- committee members. Department, including civil rights, im- ued refusal to address this threat is un- The President’s attacks on the inde- migration, and criminal justice reform. conscionable, and it betrays our na- pendence of our Nation’s premier law That night, I also read a letter that tional interests. Mr. Mueller’s inves- enforcement agency mirror his attacks Coretta Scott King sent to the Senate tigation into Russian interference is on our other foundational institutions. Judiciary Committee in 1986 that op- justified by the evidence, and it is im- He has maligned the judiciary. He has posed Sessions’ nomination to serve as perative. maligned the press. He attacks and dis- a Federal judge. Mrs. King wrote a We also have abundant evidence that respects our foundational principles— vivid account of how Jeff Sessions, as a the President tried to interfere with separation of powers, freedom of speech U.S. attorney in the 1980s, had ‘‘used the Department of Justice and FBI in- and religion, and equality under the the awesome power of his office to chill vestigation. The President’s firing of law. This is in addition to the Presi- the free exercise of the vote by black FBI Director James Comey because of dent’s regular assault on the truth. The citizens.’’ That letter had been a part ‘‘the Russian thing’’ is what landed Washington Post counted at least 2,000 of the Senate Judiciary Committee’s him with a special counsel in the first times where this President departed records for more than 30 years. It place. from the truth in his first year in of- helped sink the nomination of Jeff Ses- Why did the President want a pledge fice. sions for the Federal judgeship for of personal loyalty from Mr. Comey The White House and its allies in which he had been nominated back in and Mr. Rosenstein? Why did he ask Congress must stop their baseless at- the 1980s. Mr. Comey to drop the investigation of tacks on Mr. Mueller and his team. I had hoped that by reminding the Mr. Flynn? They must let them do their job and Senate of its bipartisan rejection of Why is the President so angry at At- find the facts. We must ensure the Sessions in the 1980s, that the letter torney General Sessions for recusing independence of prosecutors so we can might help us to once again come to- himself from the investigation, and ensure that investigations and out- gether in a bipartisan way to say that why did the President need the Attor- comes are fair and impartial. this kind of bigotry shouldn’t be al- ney General to not recuse to ‘‘protect’’ Why is the President going to such lowed in our criminal justice system. him? lengths to fight this investigation? We That was my plan. Yet, for reading

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.002 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S669 those words—the words of an icon of guidance from the Equal Employment to local police departments—weapons the civil rights movement—I was boot- Opportunity Commission reaching the of war, such as grenade launchers and ed off of the Senate floor. Every one of opposite conclusion. Sessions’ Justice armored vehicles that belong on battle- my Republican colleagues who was Department has also gone out of its fields, not on the streets where our present that night voted to shut me up way to argue in the Supreme Court kids ride their bicycles and walk to for reading Mrs. King’s words. Then, that business owners should be able to school—weapons that even the Pen- the next day, every single Republican deny service to gay customers. tagon cannot justify handing over to voted to confirm Jeff Sessions—a man In 1986, Mrs. King wrote: ‘‘I do not be- local police. deemed to be too racist to hold a Fed- lieve Jeff Sessions possesses the req- Next, immigration. eral court judgeship in 1986. Nope. They uisite judgment, competence, and sen- As a Senator, Jeff Sessions was an confirmed him to lead the agency sitivity to the rights guaranteed by the anti-immigration extremist who led charged with defending justice for all federal civil rights laws to qualify for multiple successful campaigns to de- Americans. appointment to the federal district feat bipartisan, comprehensive immi- Now it has been 1 year since the Re- court.’’ It is clear that Sessions has not gration reform. As a Senator, he urged publican-controlled Senate made Jeff acquired those skills in the 32 years the deporting of Dreamers who were Sessions Attorney General of the since Mrs. King issued her warning. brought to the United States as kids. United States. I wish I could say that I Third, criminal justice. Now, as the head of the Justice De- had been proven wrong—I actually Jeff Sessions is using the monu- partment, he has continued his ugly really do—but Coretta Scott King’s mental power of his office to invert our anti-immigrant rampage. He has zeal- warnings ring even louder today than criminal justice system. For too long ously defended every illegal and im- they did in 1986. On issue after issue, in America, we have had a dual justice moral version of President Trump’s Jeff Sessions’ Justice Department has system—one sympathetic, soft-on- Muslim ban. He has used the Depart- failed in its mission to promote justice crime system for the rich and another ment to try to cut off aid to cities and for all Americans. Instead, Sessions ineffective, cruel system for everyone States that prioritize keeping their has taken the Department in exactly else. Coretta Scott King told us about communities safe over being part of his the opposite direction. So let’s make a Sessions’ role in this broken system national deportation force. While it list and start with voting. when she wrote that he ‘‘exhibited an was Donald Trump who ordered it, Jeff In 1986, Mrs. King warned us that eagerness to bring to trial and convict’’ Sessions himself announced the end to Sessions had used the awesome power Black civil rights leaders despite there the Deferred Action for Childhood Ar- of his office as an Alabama prosecutor being evidence that clearly dem- rivals Program, or DACA, which has to chill the free exercise of the vote by onstrated their innocence of any subjected 800,000 Dreamers to deporta- African Americans. As Attorney Gen- wrongdoing. Meanwhile, she said, he tion. eral, he has continued that crusade, ‘‘ignored allegations of similar behav- So there it is. Coretta Scott King’s targeting not only African Americans ior by whites.’’ words about Jeff Sessions were true in but Latinos, the elderly, veterans, and In recent years, we have made some 1986, they were true in 2017, and they other marginalized groups. progress away from that broken sys- remain true today. On Jeff Sessions’ Only weeks after Sessions took the tem by having implemented proven re- watch, the Justice Department has reins, the Justice Department aban- forms that make our communities promoted voter suppression. On his doned its legal challenge of a Texas safer. Jeff Sessions has worked with watch, the Justice Department has en- voter ID law that intentionally dis- laser-like focus to reverse those gains. dorsed discrimination. On his watch, criminated against voters of color. Just last week, Sessions effectively the Justice Department has reversed Later, the Department argued that it closed an office within the Justice De- efforts to reform our broken criminal should be easier for States to strike el- partment that helped to make legal aid justice system. On his watch, the Jus- igible voters from their voting rolls—a more accessible to people who don’t tice Department has led an all-out, big- proven way of preventing eligible citi- have enough money to pay for a law- otry-fueled attack on immigrants and zens from voting. yer, and that is just the tip of the ice- refugees. Sessions has eagerly embraced Presi- berg. All of this, all of it, was predictable. dent Trump’s make-believe, fact-free Under Jeff Sessions, the Justice De- All of this, all of it, was foreseeable. conspiracy theories about voter fraud— partment killed off a reform initiative All of this, all of it, could have been condoning the President’s voter sup- that allowed local police departments avoided if just a few Republican Sen- pression commission and engaging in to voluntarily partner with the Federal ators had stood up for fair and impar- State-level inquiries into voter data- Government to improve community po- tial justice, but they didn’t—not one. bases. licing. So here we are. Next on the list: defending all Ameri- The Justice Department has aban- Here is the ultimate irony: President cans—equal protection under the law. doned its longstanding efforts to hold Trump turned on his Attorney General. In her letter, Coretta Scott King local police forces accountable when Why? It was not over voting or equal warned that Jeff Sessions would under- they routinely and systematically vio- rights or criminal justice or immigra- mine equality under the law. Sure late the constitutional rights of Amer- tion—no. The President turned on Ses- enough, when Jeff Sessions took over ican citizens. sions because Sessions formally at the Justice Department, he imme- Sessions ended the Justice Depart- recused himself from a law enforce- diately got to work in reversing the ment’s Smart on Crime Initiative, ment investigation into the President’s agency’s prior efforts to defend laws which allowed prosecutors to divert ties to Russia. Sessions has groveled, and policies that protect Americans some low-level, nonviolent offenders but Donald Trump will never forgive from discrimination based on sexual into rehab programs. This was a pro- the sin of Sessions’ failing to serve orientation or gender identity. gram that saved money, allowed of- Donald Trump personally. Sessions’ Justice Department has re- fenders to avoid incarceration, and im- Jeff Sessions, President Trump, and scinded guidance that protects proved safety in our communities. It this Republican Congress seem to transgender students and workers from improved the lives of these offenders think that they can stoke the fires of illegal discrimination. The same day and their families. Instead, Sessions in- hatred and division without being con- that President Trump used Twitter to structed all prosecutors to bury even sumed by them. Maybe they can for a announce that he was banning low-level, nonviolent drug offenders time, but people are resisting and per- transgender individuals from serving in under the most serious charges possible sisting. States and cities are stepping the military, the Justice Department that guaranteed the longest prison up to defend civil rights that are under filed a legal brief that reflected Ses- terms possible. assault by the Federal Government. sions’ view that our great civil rights Sessions even rolled back efforts to The American people are showing up in laws don’t protect gay Americans from take weapons of war off of our streets the streets, in the airports, in the discrimination. This was despite the by lifting commonsense restrictions on courtrooms, and even at the polls to rulings by other Federal courts and the transfer of military-grade weapons hold this government accountable.

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.003 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S670 CONGRESSIONAL RECORD — SENATE February 7, 2018 They will continue to show up and to ty purposes. The actual construction the Washington regulations and red- fight day in and day out—to fight for took less than 2 years. This is a safety tape, we allow for more economic fairness, to fight for equality, to fight project. It is important for trucks and growth. for liberty and justice for all. cars that go through this part of our That is what Republicans have been Republicans tried to silence Coretta State to do it in the safest way pos- doing for the past year because as soon Scott King for speaking the truth sible. Anything we can do as members as President Trump took office, Repub- about Jeff Sessions. They tried to si- of the EPW Committee and Members of licans in Congress began striking down lence me for reading Mrs. King’s words the Senate to make sure we can finish unnecessary, burdensome, and costly on the Senate floor. They have tried to projects like this one faster is going to regulations from the Obama adminis- silence all of us from speaking out, but be better for our communities and is tration. instead of shutting us up, they have going to be better for people’s safety. Republicans wiped 15 of these major made us louder. According to the Bipartisan Policy rules off the books. A major rule is one Warn us. Give us explanations. Nev- Center, there are 59 different reviews where the time and money it takes to ertheless, we will persist, and we will and permits that an infrastructure comply with the rule adds up to $100 win. project may need to get. There are a million or more. This is going to save I thank the Presiding Officer. dozen different agencies that can slow Americans as much as $36 billion. The I yield the floor. down projects along the way, and that total saved so far, $36 billion. I suggest the absence of a quorum. is just at the Federal level. The Trump administration has been The PRESIDING OFFICER (Mr. BAR- One of the steps that takes the long- very active in cutting needless regula- RASSO). The clerk will call the roll. est amount of time is what they call an tions as well. The President froze ac- The bill clerk proceeded to call the environmental impact statement. We tion on over 2,000 Obama administra- roll. all agree we need to make sure that big tion rules that hadn’t taken effect yet. Mr. BARRASSO. Madam President, I construction projects don’t damage the This is one of the first things President ask unanimous consent that the order environment. The problem is, these re- Trump did and what he is committed for the quorum call be rescinded. views have taken on a life of their own. to do. The PRESIDING OFFICER (Mrs. They now take an average of 5 years to He said that for every significant new regulation Washington writes, his ad- ERNST). Without objection, it is so or- complete. That is just one type of re- ministration would offset it by getting dered. view that the construction projects rid of two other rules. New regulation, INFRASTRUCTURE have to go through before workers can get rid of two. That is how to make a Mr. BARRASSO. Madam President, put a shovel in the ground. last week, President Trump gave his The regulations and redtape have be- real difference in Washington, and we State of the Union Address. It was full come unreasonable, and they have be- are seeing it with the Trump adminis- of that same spirit of optimism and come excessive. There was a study re- tration. That is how to free the Amer- ican people so they can get back to confidence that I have heard over the cently that looked at all of these regu- work. past year from the people at home in latory delays and the cost of them. It The economy has responded all Wyoming. I imagine the Presiding Offi- found that the cost of delaying the across the country. New employment cer has heard the same things from start of all these public infrastructure numbers came out last Friday. The people in her State of Iowa as well. As projects in this country by 6 years is American economy has created more the President said, ‘‘This is our new over $3.7 trillion—not millions, not bil- than 2 million jobs since President American moment.’’ lions—$3.7 trillion. Think of how much Trump took office. The unemployment ‘‘This is our new American moment,’’ we could accomplish and how much we rate is down to 4.1 percent. Wages are and I agree. The American economy is could save if we could cut out these up by almost 3 percent over the past back on the right track. It is going to delays just a little bit. year. The Associated Press had a head- take a lot of hard work for us to stay We know that is possible. In 2011, the line on Friday that said: ‘‘US added on the right track. Some of that work Obama administration picked 14 infra- strong 200K jobs in January; pay up involves building our country’s infra- structure projects for expedited review. most in 8 years.’’ structure. America’s roads, bridges, One of the projects was a new bridge in The Los Angeles Times headline was: dams, highways, and ports are critical New York. New York managed to do ‘‘U.S. economy creates 200,000 jobs in to our Nation’s success. Republicans the environmental impact statement in January; wages take off.’’ know it. Democrats know it. just 11 months. Why should it take 5 According to a Gallup poll last week, The American Society of Civil Engi- years in Wyoming? It is 5 years nor- Americans’ satisfaction with the state neers gives America’s infrastructure a mally and less than 1 year with this ex- of the economy improved by 12 percent- poor grade. One out of every five miles pedited plan. This proves Washington age points over the past year. That is a of highway pavement is in bad condi- can do these reviews and can do this huge leap. tion. As chairman of the Environment permitting faster when it wants to. President Trump is absolutely right, and Public Works Committee, I am The problem is, Washington usually this is our new American moment. We committed to improving this situation doesn’t care if these projects get done must keep providing relief from Wash- by working with the President and any faster. President Trump under- ington redtape for it to continue. We with Members of both parties. We need stands this completely. He has shown have done that with other regulations. to fix a lot of our aging infrastructure. that he intends to change the mindset We need to do it with the things that To do that, we need a robust, fiscally in Washington. It is interesting, when slow down infrastructure projects as responsible infrastructure plan that we remember that George Washington well. That is how we make sure our makes it easier to start and to finish was a surveyor long before he was our economy continues to grow. Fixing and these projects more quickly. first President. I don’t think we have improving America’s aging infrastruc- I was chairman of the Transportation had a President since then who has ture needs to be a bipartisan goal. We Committee in the Wyoming State Sen- President Trump’s experience in build- need to be able to do it faster, better, ate. I saw how we could make projects ing things and dealing with all of the cheaper, and smarter. less costly and more efficient if we challenges that come with what we So today I call on my colleagues on could just speed up and streamline the have seen from the times of Wash- both sides of the aisle to do all we can permitting process and the approval ington and Jefferson. to make this happen. These are not process for projects to get done. President Trump understands that Democratic projects or Republican We have a project back home to re- the shorter we can make the permit projects, they are the projects we need build a highway interchange in the process, the better. These are projects to continue to make our country northern part of Sheridan County in that can save lives. They can provide stronger, safer, better, and more pros- Sheridan, WY. It took 14 years to de- economic opportunities in towns and perous. velop and get the approval of the plan- communities all across the country. It I yield the floor. ning and permitting for this inter- is what we are hearing in townhalls The PRESIDING OFFICER. The Sen- change that needed to be built for safe- when we talk to people. When we cut ator from Minnesota.

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.004 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S671 Ms. KLOBUCHAR. Madam President, legislation that will bring State and defense capabilities. They have whit- I know the leaders are coming down local election officials, cyber security tled down our conventional forces, lay- shortly, but I thought I would get experts, and national security per- ing an undue burden on forward-de- started, and I will return when they are sonnel together to provide resources ployed personnel and their families. finished with their remarks. and guidance on how States can best And they have shrunk our fleet to its SECURE ELECTIONS protect themselves from cyber attacks. lowest ship count in nearly three dec- Madam President, 271 is the number Second, we need reliable backup ades. We haven’t asked our men and of days left before the 2018 elections. measures in place when something goes women in uniform to do less for our Only 271 days to go—a little more than wrong. Each State administers its own country. We have just forced them to 9 months—and we still cannot assure elections. Our decentralized election make do with less than they need. This American voters that our elections are process is both a strength and a weak- agreement changes that. secure. That is unacceptable, and that ness. It is a strength to have multiple In addition, this bill will provide for is on us. States using multiple systems. Then our returning heroes. Too often, under- We know what happened in 2016. there can never be one centralized funded, overcomplicated bureaucracies There was no debate about the facts. place to hack. We saw this in 2016. Rus- fail to deliver the care our veterans de- On January 6, 2017, intelligence reports sian hackers attempted to breach the serve. The Trump administration and made clear that Russia used covert systems of many States but were only Congress—thanks to the leadership of cyber attacks, espionage, and harmful successful in one. Chairman ISAKSON—have made impor- propaganda to attack our political sys- I will continue my remarks after the tant progress for veterans in the past tem. leaders are finished. I know they have year. This agreement will expand on Six months later, on June 21, the De- a major announcement, but I would those steps. partment of Homeland Security con- just end with this. This is a pivotal mo- This agreement will also bolster our firmed that Russia launched cyber at- ment for our country. We will not give ongoing national struggle against tacks against at least 21 State election up on our free elections and the free- opioid addiction and substance abuse. systems and illegally obtained emails dom those elections deserve. If the It will fund new grants, prevention pro- from local election officials. worst happens in 2018, it is on us, not grams, and law enforcement efforts in This week, we also learned that voter just Russia. How does the saying go? vulnerable communities all across our systems in Illinois were hacked, and Hack me once, shame on you. Hack me country. the information on thousands of voters twice, shame on us. We know what we It also provides funding for disaster was exposed to the Russians. Our na- can do. We must put the resources into relief efforts. Last year, powerful tional security officials have sounded the State elections, and we must pro- storms crippled Puerto Rico and the the alarm. This is just the beginning. tect the elections. U.S. Virgin Islands and damaged main- Last week, CIA Director Mike I yield the floor. land communities from Florida to Pompeo said he has ‘‘every expecta- RECOGNITION OF THE MAJORITY LEADER Texas. Thanks to the efforts of Mem- tion’’ that Russia will target the U.S. The PRESIDING OFFICER. The ma- bers such as Senators CORNYN, CRUZ, midterm elections. The former Direc- jority leader is recognized. RUBIO, and others, this bill will get tor of National Intelligence, James BUDGET AGREEMENT more help on the way. Clapper, said: ‘‘I believe Russia is now Mr. MCCONNELL. Madam President, The agreement will clear the way for emboldened to continue such activities I am pleased to announce that our bi- a new investment in our Nation’s infra- in the future both here and around the partisan, bicameral negotiations on de- structure—a bipartisan priority shared world, and to do so even more in- fense spending and other priorities by the President and lawmakers of tensely.’’ have yielded a significant agreement. both parties. Yet we have made no real progress in I thank my friend the Democratic This bill does not conclude the seri- Congress toward shoring up our elec- leader for joining me this afternoon ous work that remains before Congress. tion systems. Just 41 days from now, Il- and for the productive discussions that After we pass it, the Appropriations linois—a State that Russians success- have generated this proposal. Committees will have 6 weeks to nego- fully hacked in 2016—will hold a pri- The compromise we have reached tiate detailed appropriations and de- mary for the midterm elections. So will ensure that, for the first time in liver full funding for the remainder of why haven’t we acted? There is no ex- years, our Armed Forces will have fiscal year 2018, but this bill represents cuse, and that is because there are six more of the resources they need to a significant, bipartisan step forward. I solutions on the table. Many of them keep America safe. It will help us serve urge every Senator to review this legis- are bipartisan. the veterans who bravely served us, lation and join us in voting to advance First, States need support to protect and it will ensure funding for impor- it. their voting systems from cyber at- tant efforts such as disaster relief, in- I particularly want to thank my tacks. Right now there are more than frastructure, and building on our work friend the Democratic leader. I hope we 40 States that rely on electronic voting to fight opioid abuse and drug addic- can build on this bipartisan momentum systems that are at least 10 years old. tion. This bill is the product of exten- and make 2018 a year of significant Think about that. Ten years ago, we sive negotiations among congressional achievement for Congress, for our con- were using flip phones. Now we have leaders and the White House. No one stituents, and for the country that we smartphones that we update regularly would suggest it is perfect, but we all love. to keep pace with the emerging tech- worked hard to find common ground nology. and stay focused on serving the Amer- IMMIGRATION So we need to provide States the re- ican people. Now, on one final matter, as I have sources to update their election tech- First and foremost, this bipartisan said publicly many times, our upcom- nology because our voting systems agreement will unwind the sequestra- ing debate on DACA, border security, haven’t kept pace with the times, tion cuts that have hamstrung our and other issues will be a process that much less the sophistication of our ad- Armed Forces and jeopardized our na- is fair to all sides. The bill I move to, versaries. tional security. Secretary Mattis said: which will not have underlying immi- In addition, our election officials ‘‘No enemy in the field has done more gration text, will have an amendment need to know exactly what they are up harm to the . . . readiness of our mili- process that will ensure a level playing against. It took the Federal Govern- tary than sequestration.’’ field at the outset. The amendment ment nearly a year to notify those 21 For years, my colleagues on the Sen- process will be fair to all sides, allow- States targeted by Russian-backed ate Armed Services Committee, led by ing the sides to alternate proposals for hackers, and today many State and Chairman JOHN MCCAIN, have spoken consideration and for votes. While I ob- local officials still feel like they are in out about these damaging cuts. In the viously cannot guarantee the outcome, the dark. face of continuing and emerging let alone supermajority support, I can That is why Senators LANKFORD, threats, these cuts have left us unable ensure the process is fair to all sides, HARRIS, GRAHAM, and I have introduced to realize the potential of our missile and that is what I intend to do.

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.006 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S672 CONGRESSIONAL RECORD — SENATE February 7, 2018 RECOGNITION OF THE MINORITY LEADER lion in additional funding, including $6 damaged and in the dark. This recov- The PRESIDING OFFICER. The billion to fight against the opioid and ery aid could not have come a moment Democratic leader is recognized. mental health crises; $5.8 billion for too soon. Senator NELSON worked very BUDGET AGREEMENT the bipartisan child care and develop- hard for both Florida and Puerto Rico Mr. SCHUMER. Madam President, ment block grant; $4 billion to rebuild relief, as did so many others in this first let me thank the Republican lead- and improve veterans hospitals and Chamber. er for his comments and his work these clinics; $2 billion for critical research I would also like to thank our rank- past several months. We have worked at the National Institutes of Health; ing member on the Appropriations well together for the good of the Amer- $20 billion to augment our existing in- Committee, Senator LEAHY, who ican people. We had serious disagree- frastructure programs, including sur- worked so diligently with his staff and ments, but instead of just going to our face transportation, rural water and his ranking members on these issues, own separate corners, we came to- wastewater, clean and safe drinking as well as Senator MURRAY, who has gether with an agreement that is very water, rural broadband so desperately been our beacon on health issues, good for the American people and rec- needed in large parts of rural America, where we have made real progress ognizes needs that both sides of the and energy infrastructure; and $4 bil- today. aisle proffered. lion for college affordability, including The budget deal is a win for the I am pleased to announce that we programs that help police officers, American people. It will also do so have reached a 2-year budget deal to teachers, firefighters. much good for our military and for so lift the spending caps for defense and The deal also boosts several many middle-class Americans and fi- urgent domestic priorities far above healthcare programs that we care a lot nally consign the arbitrary and point- current spending levels. There are one about in this country. An increase in less sequester caps to the ash heap of or two final details to work out, but all funding for community health centers, history. the principles of the agreement are in which serve 26.5 million Americans, is A final point: Our work here in Con- place. The budget deal doesn’t have ev- included. My friends Senators MURRAY, gress on this budget deal between the erything Democrats want, and it TESTER, SANDERS, and many others Republican leader and me, between the doesn’t have everything Republicans have been champions for these commu- Senate and the House was completed want, but it has a great deal of what nity health centers. I want to thank without a great deal of help from the the American people want. them for the hard work they have put White House. While President Trump After months of legislative logjams, in to get this done. The Children’s threatened shutdowns and stalemates, this budget deal is a genuine break- Health Insurance Program will be ex- congressional leaders have done the through. After months of fiscal tended for an additional 4 years. Credit hard work of finding compromise and brinksmanship, this budget deal is the is due to our ranking member, Senator consensus. It has been a painstaking first real sprout of bipartisanship, and WYDEN, for his effort for this extension. and months-long process. It has re- it should break the long cycle of spend- American families with children who quired concessions, sometimes painful, ing crises that have snarled this Con- benefit from CHIP will now be able to by both sides. But at the end of the gress and hampered our middle class. rest easy for the next decade. day, I believe we have reached a budget This budget deal will benefit our Seniors caught in the Medicare Part deal that neither side loves but both country in so many ways. Our men and D doughnut hole will also benefit from sides can be proud of. That is com- women in uniform represent the very this bill, which eases the coverage gap promise; that is governing. That is best of America. This budget gives our next year, helping thousands, millions what we should be doing more of in fighting forces the resources they need of seniors afford prescription drugs. We this body, and it is my sincere hope to keep our country safe, and I want to have waited long for this. Rural hos- that the Republican leader and I will join the Republican leader in saluting pitals that struggle, seniors, children, continue to work together in this way Senator MCCAIN. We wish he were here and safety net healthcare providers to get things done for the American because he has fought so valiantly and will benefit from a package of health people. so long for a good agreement for the tax extenders as well. Now, of course, we must finish the Armed Forces. On the pension issue, Democrats se- job. Later this week, let’s pass this The budget will also benefit many cured a special select committee that budget into law, alongside an extension Americans here at home: folks caught must report a legislative fix to the of government funding. I hope the in the grip of opioid addiction, veterans problem by December 2018. Millions of House will follow suit and President waiting in line to get healthcare, stu- pensioners—teamsters, carpenters, Trump will sign it. I also hope that dents shouldering crippling college miners, bakery workers, and so many Speaker RYAN will do what Senator debt, middle-class families drowning more—are staring down cuts to their MCCONNELL has agreed to do—allow a under the cost of childcare, rural hard-earned pensions. They didn’t do fair and open process to debate a Americans lacking access to high-speed anything to cause those cuts. Their Dreamers bill on the House floor. internet, hard-working pensioners livelihoods are staked to these pen- This budget deal will be the best watching their retirements slip away. sions. We ought to make sure that they thing we have done for our economy, Democrats have been fighting for the get every penny they earned. We Demo- our military, and our middle class for a past year for these Americans and crats would have liked to take up and long time. their priorities. We have always said pass the Butch Lewis Act. We couldn’t I yield the floor. that we need to increase defense spend- reach an agreement to do that, but now The PRESIDING OFFICER. The Sen- ing for our Armed Forces, but we also we have a process and potentially the ator from Minnesota. need to increase the kinds of programs means and motivation to get it done. Ms. KLOBUCHAR. Madam President, the middle class so needs and depends There were so many Senators, led by we are very pleased by this bipartisan on. It is our job as Americans, as Sen- Senator BROWN, who are responsible for work and what this will mean for our ators, to make sure that middle-class this. I want to acknowledge him and country. I thank both leaders for their people can live a life of decency and Senators CASEY, STABENOW, MANCHIN, work. dignity so that they can keep in their KLOBUCHAR, BALDWIN, MCCASKILL, DON- SECURE ELECTIONS hearts the American belief that their NELLY, and HEITKAMP, who worked so Madam President, I want to finish kids will live a better life than they do. long and hard on pensions. the remarks that I started before the In this budget, we have moved, for the The budget deal also includes long- leaders took the floor pertaining to an- first time in a long time, a good deal awaited disaster relief for Texas, Lou- other issue that is very important to forward on those issues. isiana, Florida, the Western States, this country, and that is the issue of Alongside the increase in defense Puerto Rico, and the U.S. Virgin Is- the elections in 2018. spending, the budget deal will lift fund- lands. Many of these places are still I mentioned the importance of the ing for domestic programs by $131 bil- taking their first steps on the long bill that Senator LANKFORD and I are lion. It will fully repeal the domestic march to recovery. Much of Puerto leading, along with Senators HARRIS sequester caps while securing $57 bil- Rico and the Virgin Islands remains and GRAHAM, that would give—along

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.008 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S673 with House support, Republican and with the Russian defense and intel- It is 95 years later, and sometimes it Democratic support—some much need- ligence sectors—two parts of the Rus- seems as though we are back at square ed resources to the States to help them sian Government responsible for or- one. Who voted is important. And if we with their equipment. Many of the chestrating the attacks on our election suppress a vote or if people aren’t al- States have not updated their election systems. lowed to vote or if the wrong people equipment in over 10 years. The Senate voted 98 to 2 for those have voted or they are calculated the I also mentioned the reliable backup sanctions, and this administration has wrong way, that means that they had measures that we are going to need for not implemented them. It makes no their way. What he acknowledged back things like a paper ballot system. Ten sense to me that the administration then is that who counts the vote mat- of our States don’t have that. If they does not stand with 98 out of 100 Sen- ters. were hacked, there would be no backup ators on this. When we don’t do the We have to decide who is going to to prove what had happened. That sanctions, we are announcing to the count America’s vote. Is it going to be must change. world that there are no consequences America, or are we going to let another Third, we have to make sure our elec- to foreign governments that interfere country influence our elections and be tions are free from foreign influence in American elections. By doing that, able to count them themselves? campaigns. We know that the Russian we simply embolden them. Russia, as we know, is not our only My colleagues also recently intro- disinformation reached more than 126 threat. Our adversaries will continue duced a bipartisan bill that would re- million Americans through Facebook to use cyber attacks. These attacks quire mandatory sanctions against alone. And while $1.4 billion was spent may not involve traditional weapons of countries that interfere in U.S. elec- on online political ads in 2016, we still war, but they can be just as disruptive tions. Deterrence is key, and imposing don’t know how much Russia actually and destructive. used to purchase those ads, although additional sanctions would send a strong message to Russia and any As I said in closing before the leaders we do know they bought Facebook ads took the floor, the 2018 elections are in rubles to influence the 2016 election. other country that seeks to undermine our democracy. just 271 days away. We need to protect Today, online platforms are dwarfing our election systems. Secretary of broadcast, satellite, and cable pro- Sixth, we must understand the full extent of Russia’s role in our 2016 elec- State Rex Tillerson said in an inter- viders. The largest internet platform view just yesterday that Russia is al- has over 210 million American users. tion. That is why Senator CARDIN in- troduced a bill to establish an inde- ready trying to influence the U.S. mid- The largest cable provider only has 22 term elections and that Russia has a million subscribers. That is why Sen- pendent commission with one goal: to examine Russian cyber operations and lot of different tools at its disposal. So ators MCCAIN and WARNER and I have I ask my colleagues, why don’t we introduced the Honest Ads Act, simply interference in the 2016 elections, be- cause understanding what happened in start having some tools at our disposal, putting in a level playing field. So if laws at our disposal that will actually money is spent on political ads, the the past will help us prevent attacks in the future. do something about this, resources sup- same rules that apply to print, radio, All of these tools would help secure ported by the head of the Freedom Cau- and TV apply to online media compa- our elections, and so many have bipar- cus in the House that will help to nies, and that is a disclaimer, and that tisan support. I am not just talking strengthen our State election equip- is simply a disclosure of both can- about the Senate; Republican and ment? That is what we need. Hack me didates’ ads and also issues—defined by Democratic former national security once, it is on them; hack me twice, it statute—of national legislative impor- officials support these policies. Repub- is on us. tance. If my radio station in Thief lican and Democratic State and local The 2018 elections are just hundreds River Falls, MN, is able to track their election officials want Federal re- of days away. It is time we take action, ads, and the press is able to see them, sources to protect election security. and we will have opportunities in the and opponents’ campaigns are able to Republican and Democratic House Rep- next few weeks to put some resources see them, that should be able to be resentatives do too. Representative into this. done by some of America’s most bril- MEADOWS, the leader of the House Free- I will remind you that the cost of the liant companies. We must fix that. dom Caucus, and Democratic Congress- bill that Senator LANKFORD and I have, Fourth, we need to make sure our man JIM LANGEVIN introduced a com- which we have paid for by unspent elections are free from foreign money. panion to one of these election security grant money, is 3 percent of the cost of About $184 million in dark money was bills that I am leading. It was Repub- one aircraft carrier. If these other spent in the 2016 Presidential election. lican Senator MARCO RUBIO who said countries are viewing this as a form of Senator WHITEHOUSE has a bill that that once they went after one party in warfare, at least we can put the re- would ban campaign contributions and one election, the next time it will be sources of 3 percent of one air carrier expenditures by corporations that are the other. into this challenge. controlled, influenced, or owned by for- Our whole country is based on free Thank you, Mr. President. eign nationals. Senator BLUNT and I elections and the freedom to partici- have a bill that would use existing I yield the floor. pate in our democracy. Our Founding The PRESIDING OFFICER (Mr. credit card protocols to help verify Fathers set up a system so that we that online donations are only coming TILLIS). The Senator from South Caro- would be free of foreign influence. In lina. from Americans. If Amazon can check fact, our whole country began because TAX REFORM your credit card against your home ad- our country wanted to be free of for- dress, campaigns and PACs should be eign influence. Mr. SCOTT. Mr. President, 6 weeks doing the same to verify that online Now is the time to put politics aside after the passage of tax reform, we con- donations are truly from the United and come together to secure the future tinue to show the American people how States. of our elections. So whether you are a we are delivering on our promises with Fifth, we must send Russia a message four-star general, a fourth grade teach- real, lasting tax reform. that this behavior is unacceptable. We er, or a computer engineer at Four- In fact, a recent poll showed that 69 need to make it clear to Russia that we square, this is an issue that should percent of Americans are satisfied with will not tolerate their interference in unite us. the boost in our economy. Another poll elections. That is why I have said time In 1923, Joseph Stalin, then General showed that Americans’ approval of and again that we need to impose the Secretary of the Soviet Communists, our tax reform package has more than Russia sanctions that passed the Sen- was asked about a vote in the Central doubled since its passage. I know it ate with overwhelming bipartisan ap- Committee of his party. Stalin was un- will continue to rise as more families proval. This is about sending the Rus- concerned about the vote. After all, he see the benefits coming their way. Our sian Government a message: There will explained that who voted was ‘‘com- new tax law will ensure that they are be consequences if you interfere with pletely unimportant.’’ What was ‘‘ex- able to keep more of their paychecks our elections. We will impose sanctions traordinarily important’’ was who and that the jobs of the future are cre- against those who engage in business would count the votes and how. ated right here in the good old U.S.A.

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.009 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 7, 2018 Back home in South Carolina, we which I grew up. We have worked hard Earlier today, a group of Republican continue to see positive changes be- to get the IIOA—Investing in Oppor- colleagues announced a proposal they cause of tax reform. More businesses tunity Act—across the finish line so claim would solve this problem, but it are awarding their employees with that it can be deployed in States is clear that their proposal will not raises, and as a result, more families around this Nation to help those very help the vast majority of working are putting more money in their bank folks. That means everything from Americans. In fact, it would not create accounts and in their pockets. workforce investment, to better edu- a real paid leave program that covers Here is a real-life example. I received cation, to businesses being attracted all workers. a note from Steve Potts, the CEO of into these opportunity zones. Not only that, this plan will actually Scout Boats in Summerville, SC. Scout I want to thank the majority leader rob the Social Security trust fund. Boats is, for those who may not know— for his words on the Investing in Op- This would not strengthen Social Secu- but everybody knows Scout Boats— portunity Act yesterday morning. He is rity; it would weaken Social Security. Scout Boats is a world-class brand. It right. This will empower communities, No worker should have to borrow has been recognized all over the world and it will put up a big neon sign that against their own Social Security bene- for quality boats. Here is a success says we are open for business. It will fits, which are already too low, to get story, an organic success story. help communities that today may be paid family leave when they need it to Back in 1989, Steve started his busi- wavering, questioning whether they take care of a new baby, a sick family ness with his wife in their garage. They can be successful. This is a resounding member, a dying parent, or themselves. did very well for a while, and then, of yes. Yes, you should be hopeful. Yes, And let’s not forget that Social Secu- course, very quickly, Hurricane Hugo you can be successful. rity already pays women less than came about several months later and I know these communities full well, men. So this proposal would make that wiped them out. They had to start all and they are full of folks looking for a problem even worse. over again. chance, an opportunity to put their If you are watching this debate right They had two employees in 1989. creativity, their intelligence, and their now and you are wondering whether Their life savings were invested into work ethic on display. The Investing in Congress is finally going to pass a paid Scout Boats. Today, almost 30 years Opportunity Act will provide that leave law that actually helps working later, they have 340 employees. This chance. Americans, don’t be fooled by this Re- year, they are going to hand out $1,000 The benefits of tax reform have just publican proposal. bonuses to their 340 employees, and begun. Whether it is bonuses for work- If your son is diagnosed with cancer they hope this is the year that they ers, more wages, better benefits, or the and you need time to bring him to his will take their employees from 340 to implementation of the Investing in Op- chemotherapy appointments, their 350 and exceed 400 employees. portunity Act, we know that the best is plan will do nothing for you. If your el- He said: yet to come for the American people. derly mother has dementia and you We’re confident this will help— Thank you, Mr. President. need time to be by her side, this plan The tax reform package. I suggest the absence of a quorum. will do nothing for you. If your hus- The PRESIDING OFFICER. The —further stimulate our own company mo- band has a heart attack and he needs rale, as well as become an attractive career clerk will call the roll. you there while he recovers, this plan opportunity for new employees we are cur- The legislative clerk proceeded to does nothing for you. rently searching for. . . . We believe by us call the roll. Right now, millions of American giving back to our employees, we’re doing Mrs. GILLIBRAND. Mr. President, I workers are stuck choosing between exactly what you and many others originally ask unanimous consent that the order earning a paycheck and leaving their intended with tax reform. for the quorum call be rescinded. jobs to take care of a loved one when This is fantastic news and proof that The PRESIDING OFFICER. Without some medical emergency happens, and we are reaching our goals. objection, it is so ordered. if this bill passes, that would not I want to say thank you to Steve, not PAID LEAVE change. only for sharing your story but for re- Mrs. GILLIBRAND. Mr. President, Listen to what a woman named warding the hard work of your employ- we just marked the 25th anniversary of Shelby went through because she ees. It is what happens in small and the Family and Medical Leave Act, didn’t have paid leave. medium businesses all over the coun- known to most as FMLA. Shelby is a mother and a grand- try. When FMLA passed 25 years ago, it mother, and she takes care of her par- Having started a small business my- was an incredible step forward for mil- ents. She is a security officer, com- self, I understand and appreciate the lions of working families. They finally mitted to keeping her community safe. dedication Steve had to his vision and had the legal right to step away from We all know that we can never predict to his employees, because for Steve and their jobs to take care of their families when medical emergencies happen. All so many entrepreneurs, their employ- without the risk of being fired. But we of a sudden, Shelby’s youngest daugh- ees are an extension of their family. So now know that the law just has not ter and parent needed medical atten- being in a position to provide those kept up with the times. tion at the same time. Shelby had to folks with a $1,000 bonus each is a big FMLA doesn’t apply to 40 percent of leave work because her family needed deal. It is a big deal for the company. the workforce, and it doesn’t guarantee her, but all she had was FMLA—unpaid It is a big deal for the employees. It is any pay during the time the worker is leave—which counted as an employ- reflective of the fact that most small away. In fact, 25 years after FMLA was ment disciplinary action where she businesses are reinvesting in their fu- signed into law, we are still the only worked. ture, which means reinvesting in their industrialized country in the world As Shelby put it, taking unpaid leave employees. Steve is a classic example. that doesn’t guarantee access to some was an enormous financial burden for Just like Steve, in the last 6 weeks, form of paid leave. That means that her. She couldn’t keep up with her rent more than 3 million Americans have workers all over the country are losing or utility costs, and it took her months seen direct benefits from tax reform, be wages and retirement savings when to catch up on just paying her bills. it bonuses or wage increases or better they take time off. The economy is los- She was able to keep her job, but she benefits. It is all good news, and it just ing tens of millions of dollars. We have suffered far more than she should have, keeps on coming. It is good news. More to change this because FMLA is not with an enormous amount of added than 300 companies across our great good enough anymore. stress on top of her family’s medical Nation have announced significant ben- We need an actual national paid issues, because she didn’t have paid efits for their employees. leave program, and I am pleased to see leave. This Republican proposal would There is more. My Investing in Op- that paid leave has now clearly become not help her. portunity Act was included in the tax a bipartisan issue. Both parties agree We have to fix this. Even President cut, and it is designed to help 52 mil- that paid leave is something that our Trump agrees. In his State of the lion Americans living in distressed country desperately needs and urgently Union Address last week, he said: My communities like the very one in wants to have. response is this: Actions speak louder

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.010 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S675 than words. Our country needs a real so many congratulations and lots of We need to do what we can to change paid leave plan. questions about my daughter-to-be. I that—to finally offer paid parental If President Trump and Congress have also gotten questions about how I leave like the rest of the world has. really are serious about creating a na- balance being a working mother and a There is no reason we can’t get this tional paid leave program, then I urge legislator, how I expect to handle hav- done today, and we should get to work them to support my paid leave bill, ing a newborn and a 3-year-old as I con- on it today. which would actually work. It would tinue my work here in the U.S. Senate. I yield the floor. cover all workers, not just new moms. I know these questions come from a The PRESIDING OFFICER. The Sen- It is called the FAMILY Act. good place, but let’s be real. It is 2018. ator from North Dakota. The FAMILY Act would finally guar- Women have been having children Ms. HEITKAMP. Mr. President, I rise antee paid family and medical leave to since the beginning of humanity, and I today to talk about paid family leave. every working American. The FAMILY am nowhere near the first person to be I want to introduce this topic by say- Act is affordable. It is an accessible a working mom. In fact, my colleague ing that politicians across America, earned benefit that you and your em- was a working mom and legislator long whether they are local, whether they ployer would contribute into together. before I was. are in State offices, or whether they It would stay with you for your entire Millions of women have been bal- are in very important bodies like the career, no matter where you worked. It ancing the demands of their job and U.S. Senate, make one pledge; that is, is universal and comprehensive. It is their families ever since female trail- to support American families. They for women and for men. It is for the blazers first joined the working world, promise to try to make life just a little young and the elderly. It is for workers but you wouldn’t know that based on easier for people who are raising the in big companies or small companies or the policies we have adopted as a coun- next generation, to do what it takes to even if they are self-employed, it would try. The United States is one of just a encourage people to have families and to have children, so our future is se- only cost about the cost of a cup of cof- handful of developed countries in the cured not only with a workforce but fee a week. world that doesn’t offer paid maternity This is the kind of paid leave pro- leave, and one of the very few industri- also the vibrancy that is America. It has been 25 years since we adopted gram that our country needs, and any- alized nations that doesn’t offer paid the Family Medical Leave Act. That thing less is just not enough. parental or family leave to parents. was a great step forward, and I actu- Five States around the country have Across our Nation, working parents ally remember when it happened. I was already stood up for what is right and face barriers to staying in the work- North Dakota’s attorney general cheer- given their workers access to paid force. Lack of access to affordable ing from the sidelines, thinking: We leave. These States, including my child care and paid family medical and have solved this problem. We are now home State of New York, are doing a parental leave forces people to choose protecting parents from losing their much better job than Congress of meet- between taking care of their children jobs and enabling them to care for ing the needs of their people on this or a sick family member and losing their newborns. Unfortunately, it issue. their job and their health insurance. wasn’t enough. It wasn’t enough be- California, for example, has had their That hurts our entire country. That is cause how many people, even if they paid leave program for more than a why, as we mark the 25th anniversary have the protection, can afford to exer- decade. I know some of my colleagues of the Family and Medical Leave Act cise their rights under the Family Med- are worried about whether paid leave is today, I want to highlight the com- ical Leave Act? The answer is very, good for business, so I hope they will monsense legislation my colleagues very few in my State. listen to these numbers. and I have introduced to make the It is absolutely essential that we In a survey, 90 percent of business workplace more accommodating for take this to the next step. It is essen- owners in California said that paid working parents. tial that we make sure we are not forc- Senator GILLIBRAND has a great bill, leave had a positive or, at worst, no ing our citizens to choose between the FAMILY Act, which would do just negative effect on their profit or their working—as they have to when fami- that by creating a universal family and productivity and on their retention. lies live paycheck to paycheck—and Ninety-nine percent of them said that medical leave insurance program that caring for their newborn. Many it boosted morale. would cost employers and employees daycare facilities will not even take an Paid leave is good for business and it less than $1.50 per week on average. infant until they are 10 or 12 weeks old. is good for working families, so we This is the ultimate in self-help. This So what choice have we really given have to pass it. I know there is bipar- is people helping themselves so that people under the Family Medical Leave tisan support to do it. Let’s start re- they can have the leave they need Act? warding work again and give people the when their families need it. Just 15 percent of the workforce in opportunity to earn a better life for Senator PATTY MURRAY’s Child Care the United States has access to paid their families, and let’s finally give for Working Families Act would ensure family leave through their employer. Americans access to paid leave. every family has access to affordable That leaves millions of people without I urge my colleagues to join me in and high-quality child care. And my access to paid leave for time away from this fight and pass the FAMILY Act. Child Care Access Means Parents in their job to care for a new child or a se- I now wish to yield the floor to my Schools Reauthorization Act would in- riously sick relative. colleague from Illinois, who is also crease access to on-campus care for It is well past the time that the going to speak about why this is good student parents, who make up more United States of America—the greatest for America. than one-quarter of all college students country in the world—has a Federal The PRESIDING OFFICER. The Sen- in America. paid family and medical leave policy to ator from Illinois. These bills are a great place to start, truly support working families. Ms. DUCKWORTH. Mr. President, I and we should take them up in the Sen- I will tell my colleagues that I find want to thank my colleague from New ate as soon as possible. After all, the this issue particularly vexing because York, who is on the floor today, for her FMLA passed in 1993. While it was an North Dakota competes with the rest leadership on this very important important step forward for our coun- of the country for workforce. If you go issue. try, it is not comprehensive and it is to California, this benefit is extended I am here to join in the discussion on nowhere near enough. Many workers through a State system. If you go to one of the most pressing issues facing across the country are ineligible for it, Rhode Island, this benefit is extended American families all across our coun- don’t qualify to receive unpaid time through a State system. New York is try—our Nation’s outdated family off, and can’t afford it. The FMLA does pursuing a State system. Certainly leave policy. About 2 weeks ago, I an- little to help Americans who cannot af- States with large populations, like New nounced that I am expecting a baby ford to take unpaid time off from work, York and California, have the econo- girl in April. The support for my an- forcing people to choose between a pay- mies of scale to offer this benefit in a nouncement has been overwhelming, check and being able to pay their mort- State-based system. Guess what hap- and I am grateful for it. I have received gage and support their own loved ones. pens to a State that only has just over

VerDate Sep 11 2014 23:46 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.011 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S676 CONGRESSIONAL RECORD — SENATE February 7, 2018 700,000 people in population. Think cent less in Social Security benefits If you work in retail and you say ‘‘I about the percentages that we would than men. Why is that? It is that way want to exercise my right to paid fam- need to run a State-based program. because of the pay gap we have in this ily leave or my right to family leave, We need a national solution to this country—another issue we could dis- and I am going to go,’’ the employer is problem. I know a lot of people are say- cuss, but we are not going to do that going to protect the job, but they can’t ing: Well, the States are doing it; they today. afford to pay that person when they are are the laboratories of experimentation Social Security is a critical retire- paying another person in a small busi- in this great democracy. But the funda- ment security plan in this country, and ness. If my colleagues can think about mental problem is that for States like for far too many families, it is the only this the way I think about it—we have mine that don’t enjoy economies of thing they can rely on in retirement— unemployment insurance for a reason. scale, this will not be a reality for the something we need to fix—and we don’t We have unemployment insurance be- women, for the families in my State need to exacerbate it by complicating cause temporarily people have to get who want to have children. Also, the Social Security retirement crisis out of the workforce because maybe daycare is the second issue that makes with the problem of paid family leave. their job no longer exists or they have So I am here to advocate for a bill this so difficult. lost their job for some reason. We give that Senator GILLIBRAND has intro- We need to make sure that people unemployment benefits to help bridge duced and I have proudly cosponsored know they are going to have a guaran- them to the next job and to keep them called the FAMILY Act. It is a real teed income for those first three in the workforce. As a condition of months of child-raising. Why is that Federal paid leave policy that I think we desperately need. We need to sup- that, we ask them to continue to look important? It is important because we for a job, and, hopefully, we provide know that as a matter of physiological port working families, and this bill does, because it would make that some services in their search for a job. development, that bonding period of Think about the unemployment sys- time with your parents during those promise of family paid leave possible. Our bill provides 12 weeks of par- tem. Who here would repeal unemploy- early months is so critical. When chil- tially paid leave for workers dealing ment insurance? It is temporary. This dren get detached from their parents with serious health issues of their own, is an extension. Think about it like we during those early months, they can including birth and adoption of chil- would think about unemployment in- suffer psychological effects that will dren, or for family members. Our bill surance. If something happens in your last forever. So we need to get this would create an affordable, effective family—you have a baby, your mother done. earned benefit that both employers and gets cancer, your husband gets can- Let’s talk about what proposals are employees could and would contribute cer—you can’t afford to take time off, on the table. I don’t want to be critical to. For employees, the paid leave ben- but you can’t afford to leave them because I think it is wonderful that efit would always apply to them no alone. So what do you do? You exit the this issue has come to this body, not matter where they live. It is transport- workforce, potentially qualifying for only on this side of the aisle, to talk able, which is so important in this new food stamps, potentially qualifying for about the need for paid family leave. gig economy. government benefits. This benefit But, once again, where we applauded Almost half of North Dakota workers keeps people in the workforce. the Family Medical Leave Act, we left do not qualify for a single—now, I want When I talked about this benefit in too many people behind. We can’t do my colleagues to remember this—work Dickinson, ND—not exactly a hotbed of that again. That is why it is really im- day where they could get sick, and liberalism—and explained why I portant that we analyze the proposals only about one-third of North Dakota’s thought it was important, a woman that are out there. workers are eligible for and can afford came up afterward and said: Do you I know that along with my good unpaid leave. For them, the FAMILY know what I really like about your friend, the Senator from New York, we Act would make all the difference. No plan? have been having long and extensive family should have to choose between a I said: That we are going to help fam- conversations with many Republicans loved one and their job. No family ilies? about this issue, as well as with many should have to make the choices that She said: Well, that is important. But folks in the White House, about the they have to make today, frequently I really like that it keeps people in the need for Federal paid leave. Over the delaying raising a family because they workforce, that they have a job when past few days, details have come out simply can’t afford it when they put they come back, and that they are able about a Republican plan that would pen to paper. to bridge that and not leave employ- have new parents do something we Our bill also levels the playing field ment. should never do, which is take money for businesses. I think this is an impor- Think about the economic disruption out of our retirement system. The plan tant part. I want people to understand when somebody can’t keep an employee suggests that new parents take money this. If you are a small firm in North because of these challenges. Retraining out of their Social Security benefits. Dakota that does coding—let’s say you costs are high. Think about that. We have a retire- are a software firm and you get an ex- When this started in California, this ment crisis in this country. Too few citing new product and you want to was not yet again another big govern- people have anything other than Social generate excitement within your busi- ment program. People would talk Security to live on in their older years, ness. You want to recruit the best and about it that way. Satisfaction levels and now we are saying: Guess what. the brightest coming out of our univer- with this program from every end of Borrow against that. Get your Social sities, coming out of our tech schools, the spectrum in California are off the Security to help you pay for what hap- but you are competing against Micro- charts—with employers and employees, pens today, and then hope upon hope soft and you are competing against with small business and with large that you will have enough money to re- Google and you are competing against business—because they know that the tire in the future. It is, quite honestly, all of those companies that can afford retraining and retooling they would the wrong direction. to provide that benefit. Many, many of have to do for employees is expensive, This plan does not, in my opinion, the small businesses in my State have and they want to keep the good em- support families. It would not help said: Help us compete; help us compete ployees that they have. most working families and those who for the best and brightest. When those Let’s do something for families. Let’s could use it. It would force them to benefits are offered to workers, where actually do something. Let’s not just choose between caring for a newborn or are they going to go if they want to promise it. Let’s not mortgage our re- a family member or their retirement raise a family? They are going to go tirement for it. Let’s do something for savings. I think it is likely that people not just to where the pay is better, but families and actually take this burden would take that option, but jeopard- they are also going to go where they and say: We are going to help you. If izing their future retirement is not a can get the benefit of paid family you want to have a child, it is 3 months choice they should have to make. leave. It is critically important that of paid family leave. It is not at your Additionally, just think about this: small businesses be enable to enjoy the total salary. It will not be the full Women already get, on average, 20 per- economies of scale. amount, but we are going to help you if

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.014 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S677 your mom gets sick with cancer so you wage. Whatever their minimum sala- their paycheck are going to have less don’t have to leave your job to take ries have been in the past, those are income tax deducted on the same pay care of her. We are going to work with now going to be higher. The best kind in February than they would have had families to make this happen. of minimum wage increase is because in December. What does that mean? I guarantee that this will be a pro- you believe that is the fair thing to do I will mention here that the Univer- gram that will be remembered the way for your employees and also because sity of Missouri just beat Kentucky in we remember other great programs, you believe it is what you need to do to basketball for the first time since we such as Social Security, Medicare, and keep good employees in a rising econ- got into the SEC, a handful of years unemployment insurance. omy. I think we had gotten so used to ago. We didn’t want to let that go I urge my colleagues to take a look the stagnant economy of the last 8 or unmentioned. at the FAMILY Act. Take a look at all so years that people had forgotten The Boone County clerk announced of the good economic arguments that what happens when the economy be- that he had run the payroll for the first go with it—not the heartwarming argu- gins to grow. So Charter Communica- time for all 485 county employees, and ments, which I think we can make, but tions is now increasing their minimum the average county employee was get- the economic arguments about why wage to $15 an hour. ting $150.54 a month more than they this makes sense for American business Commerce Bancshares, in Kansas were getting on that same salary last and for the American economy. City, has more than 2,300 employees in year. Many of those employees have I yield the floor. Missouri, and they gave a $1,000 bonus two people in their house working. Mrs. GILLIBRAND. Mr. President, I to all of their full-time employees and This is just the one salary—an average suggest the absence of a quorum. a $250 bonus to their part-time employ- of $150.54. That is about $1,800 a year. The PRESIDING OFFICER. The ees. A brand-new deputy sheriff in Boone clerk will call the roll. Mid-Am Metal Forming in southwest County who earns $45,905 will have an The legislative clerk proceeded to Missouri gave all 140 of their employees extra $1,929 this year that they didn’t call the roll. a cash bonus. have if they started that same job in Mr. BLUNT. Mr. President, I ask This is not just about big companies. November or December of last year. unanimous consent that the order for This is about little companies looking Now, $1,900 does a lot of things. Two the quorum call be rescinded. at how they want to grow and knowing hundred dollars a month only seems The PRESIDING OFFICER. Without that to grow, they need to keep a like a lot if you don’t have it. In Boone objection, it is so ordered. workforce that can be part of that County, that payroll for 485 people cal- TAX REFORM growth. culates right at $945,000 a year that Mr. BLUNT. Mr. President, when the Great Southern Bank, in my home- those employees will have that in the Tax Cuts and Jobs Act was signed into town of Springfield, has over 800 Mis- past they would have sent to the Fed- law in December, we heard a lot about souri employees. They gave a $1,000 eral Government. Some of it will be what was going to immediately hap- bonus to full-time employees and a $500 saved. Some of it will be spent. pen. This was going to be a tax cut for bonus to part-time employees. When I was flying back from Kansas the rich. Corporations were going to Walmart announced that the 25,700 City on Sunday, a guy behind me on use their money to buy back their Missourians who work for them are not the plane, as we were getting off, stock and not share it with the people only getting bonuses, but they are rais- tapped me on the shoulder and said: who work for them. ing the starting wage for full-time em- Thanks for the tax cut. My wife and I The Senate was as divided on a par- ployees to just under $14 an hour—sub- just got our first checks with the new tisan basis as the Senate could be. stantially higher than the wage other- tax rates, and we are going to have Every person in the majority voted for wise. $5,000 more this year than we had last the tax bill. Every person in the minor- That doesn’t sound like crumbs to year. We are going to put every penny ity voted against the tax bill. the people who are getting those bo- of it in our kids’ college savings ac- We heard from some of the leaders of nuses. They see what they can do with count and we are really happy about it. the other side that it would be Arma- it. We are really happy about it. geddon. We heard from President Solomon Essex, a warehouse worker We don’t often hear people say: We Obama’s Treasury Secretary that 10,000 at Dynamic Fastener, in Raytown, told are really happy about something you people would die every year if the tax us he was using his $1,000 bonus to help have done for us because it is going to bill was signed into law. We heard that his daughter buy a car. make a difference for the future of our the average family would only get Mary Beth Hartman, who owns a con- family. crumbs and scraps from the tax bill. It struction company in Springfield, said: But this tax bill will. is turning out that this is not what ap- ‘‘I’ve been able to offer my long For a single parent with one child in pears to be happening at all. tenured employees a week of vacation’’ Missouri who makes $41,000 a year, Companies have stepped up to show that they didn’t have before. ‘‘They’re their taxes are going to go down 75 per- that in a growing economy—in an getting plenty of overtime; they have cent. That single parent with one child economy they believe is going to job security.’’ She is also creating new will have $1,400 more this year than grow—they value the people they work jobs in her business. they had last year—over $100 every sin- with and they value the employees of It is a good start, but I think there gle month. their company in a way we wouldn’t are even more announcements and A family of four who makes about have anticipated. I thought this would more good opportunities ahead. $75,000 will have $2,000 more. That is a happen as we saw the economy take off Senator CAPITO and I were on the 50 percent tax cut for that family. For from the tax bill. It didn’t occur to floor talking about this before the bill most people, that is 2 months’ worth of most of us that companies would step passed. I said several times that there groceries. It is gasoline. It is an elec- up on day one and say: We are going to are two ways to increase your take- tric bill. value and show our value to the people home pay. One is for the government to If you get your electricity from a pri- who work for us. take less out of it, and another one is vately owned electric company, like Over 3.8 million people now have re- for you to get a better job to start many people do in 47 States, some of ceived over $4 billion in bonuses. A lot with. We are already beginning to see the electric companies are going to be of those happened in my State of Mis- both of those things happen. When you reducing their rates. Now, if you have souri. The Central Bank of St. Louis, double the standard deduction, when a rural electric coop, like my farm in which employs over 2,000 people, gave a you double the child tax credit, and Strafford has, or a public utility, like $1,000 bonus to all full-time employees, when you lower the rates, the new code my house in Springfield has, you will and the 246 part-time employees will allows you to have more money. not get that tax cut, but lots of Mis- get a $500 bonus. Our friends on the other side said sourians get their electric from some- Charter Communications announced, people wouldn’t get a tax cut. But 90 body that pays taxes. If you pay taxes, as many people have, that they are percent of the workers in the country you are going to be reducing your elec- going to increase their own minimum who have income tax deducted from tric bill because that 35 percent rate

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.015 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 7, 2018 was figured into what you are allowed wide Equipment, which employs 1,100 or go on a vacation. We could go on and to charge. Now you are paying 20 per- people across the country, 200 or so of on. It seems that the coldest day—a cent. That is money you are going to which are in West Virginia at 7 dif- wet day like today—is always the day be giving back to the families and busi- ferent locations. We learned from the furnace breaks down. How nice it nesses you serve. owner Terry Dotson how he feels about would be to not have to borrow or Helping families means ensuring that tax reform and the effect it has had on worry or put more credit on the credit they have more opportunities in the fu- his business, his employees, his ability card and have the cash to be able to do ture. Being part of a growing economy to grow his business. What we learned these things. means you are going to have more op- is that Mr. Dotson is going to be in- I would say, $50 million more for portunities in the future. We are seeing vesting $8 million more in the oper- West Virginia workers is $50 million all those things happen, and I think we ations and in his workforce, whether it more going into the local economy, are going to continue to see them hap- is through bonuses, expanding the fa- into the State economy. Better yet, pen—not just in businesses like AT&T, cilities, buying new equipment. But people are making their own decisions Boeing, and Apple, which, by the way, particularly for the men and women on how they are going to spend it. just brought all of the money they had working for Worldwide Equipment, it is Just 2 months after the bill became earned outside the country back home. the bonuses that are going to have peo- law, Americans are already seeing the They just announced that they are ple seeing the immediate effect. He at- benefits. The jobs report that was re- bringing 100 percent of everything tributes this all to tax reform. leased last Friday showed over 200,000 back, which they would have not The men and women of Worldwide jobs that were created just in the brought back at a 35-percent rate. But Equipment join hundreds of thousands month of January. The report showed— they are glad to bring it back at the of workers all across this country at and I think this might be even more rate in this tax bill. We are glad to see companies like Walmart, AT&T, significant than job growth—that wage all those companies in a more competi- Comcast, Fiat Chrysler, and many oth- growth is accelerating at the fastest tive marketplace, just like small busi- ers who will receive bonuses or salary rate in the last 8 years. nesses are. increases because of this bill. The good People talk about stagnated wages So even though the law went into ef- news doesn’t stop there, and that is and how they haven’t had a raise or fect just a little over a month ago, I good. how their dollars are not going as far. think we are seeing the kind of reac- Those of us who voted for this bill— By increasing the standard deduction tion we would have hoped for. Families and I did, very proudly—said that the and the child tax credit for middle- are beginning to see that what they effects of this tax reform are going to class families, we are making life bet- were told about the tax bill wasn’t be felt in many different ways. Mr. ter for the people we represent. By true. You should never want to say Dotson has a relatively small business. making our Tax Code more competi- something that is not true, but surely He mentioned how he is feeling it. But tive, we are allowing American compa- you should not want to do it when in 60 many workers will see their take-home nies to bring home money that had pre- days you are going to be proven not pay increase in the coming weeks, as viously been left overseas. true in the one thing that everybody employers are adjusting the tax with- There was a big controversy on this looks at—which is a bigger paycheck holding based on the new law. when we began discussing it: Are they than they had 60 days ago. People like Robert from Berkley really going to bring their money In spite of what was said, 9 out of 10 Springs, WV, wrote me last week: home? workers are going to have a bigger pay- Thank you for helping my family by voting Apple announced plans to return as check, and those are hard-working yes on the tax bill. My family saw a signifi- much as $250 billion in cash that it had families. The people who don’t benefit cant increase in our take-home pay today. kept overseas. That is billion with a from the tax cut are the people at the Edward from Hurricane, WV, said: ‘‘b.’’ That move is expected to create richest end of the tax scale, not the I really want to thank you and the Presi- 20,000 new American jobs and a tax other end of the tax scale. dent for the tax breaks! Please keep working payment of $38 billion on the repatri- So I think we are off to a good start. to help the American workers. ated cash. I think that is, obviously, I think we ought to be talking about a Dennie from Charleston wrote: one of the largest examples but also growing economy. All of us ought to be The recent tax bill that was passed will one of the best examples of an Amer- watching, after a decade of not seeing provide a great boost to our economy in ican company. the economy grow, what has happened many ways including more employment op- Under our previous, outdated Tax over the last few months and what portunities and money in people’s pockets. Code, corporations were faced with a really happens now as we move to a And Robert, who is a small business 35-percent tax if they brought their for- better place for families, a better place owner from Huntington, wrote: eign earnings home. Because the U.S. for jobs, and a better place for competi- I want to thank you for your yes vote on corporate rate was the highest in the tion because of the tax bill we passed the Tax Cuts and Jobs Act. This legislation developed world, American companies in December and the President signed recognizes the importance of small business. often made the financial choice to into law. In a State like ours, 95 percent of the leave their foreign profits overseas, With that, I think other colleagues of businesses are small businesses. Many which meant that under the old sys- mine are here. Senator CAPITO and I of them are family-owned. Other West tem, the Federal Treasury was fre- have been on the floor a number of Virginians will soon see the benefits. quently left to collect 35 percent of times talking about this together, and I would like to tip my hat and con- nothing because people weren’t bring- I know she is here to follow me now. gratulate our State auditor, J.B. ing the money back. Jobs that could The PRESIDING OFFICER (Mr. COT- McCuskey, because he took the time have been done in America were being TON). The Senator from West Virginia. and made the effort to figure out what done elsewhere. That was a big prob- Mrs. CAPITO. Mr. President, I thank kind of impact the Tax Cuts and Jobs lem. In December we fixed it with this my colleague from Missouri for his ter- Act will have on State workers and the bill. We said that a more competitive rific explanation, 60 days hence, of vot- workers from West Virginia University tax code would allow our companies to ing for the tax reform bill and the ef- or Marshall University—the three larg- bring their money back and provide fects it is having in his great State. I est workforces the State of West Vir- more opportunities for Americans all would like to join him today to talk ginia does payroll for. He announced across this country. That is exactly about what I think are the positive ef- that, in total, all three of those enti- what we are starting to see. fects of tax reform, not just across the ties will have $50 million more in their Today I want to highlight another country but particularly in my small pockets throughout the year—an aver- part of the tax reform effort. I thank State of West Virginia. age for a State worker of $1,000 or $1,200 my colleague from South Carolina, Last Wednesday, Vice President MIKE more per year. These are significant Senator TIM SCOTT, who spearheaded PENCE and Commerce Secretary Wilbur amounts of dollars for young families this. He was the sponsor of the Invest- Ross came to West Virginia to talk trying to buy new shoes, buy books and ing in Opportunity Act, and I was a co- about this at a small business, World- school supplies, use the gas to go visit sponsor. This bill, which became part

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.016 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S679 of the law in the tax reform bill, will icans are the beneficiaries of both tax form success stories like these—and help spur growth in economically dis- reform and the CHIP reauthorization. has ever since we passed the Tax Cuts tressed areas. Under the bill, investors I am confident the benefits will keep and Jobs Act. I will just go through a can defer their capital gains tax if they coming. It seems that every day some- number of these positive stories that invest in opportunity funds. thing good is happening in the Amer- are emerging. In rural areas, particularly those ican economy with businesses and Anthem, an Indiana-based health in- that have difficult economic condi- raises and bonuses and lower tax bills. surance company, announced on Mon- tions, such as many of the areas of my People are beginning to see this in day that more than 58,000 employees State, it is hard to spur investment, to their withholding. Struggling commu- and recent retirees will receive $1,000 get more people back to work, to cre- nities in West Virginia welcome this. contributions to their retirements. ate new opportunities. These funds Cities and suburbs in rural areas across Now, in my family and in so many fam- must be invested in distressed areas the country will see greater economic ilies around this country, $1,000 is a lot and census tracts that are designated growth, all because of the tax reform of money. That is just in the here and by Governors—who knows best but the bill. It has been presented to us as now. Moving forward, we can expect in- Governors where these distressed cen- that. Many of the companies making creased economic growth, a greater de- sus tracts are—and create opportunity announcements are not making these mand for workers, and for more wages zones. That will provide capital to help announcements in a vacuum. They are to increase. Just in the near term, we grow new businesses and also create saying, very exclusively, that because know that Anthem has said it will give jobs in parts of our country that really of the tax reform bill that the Congress retirees and employees $1,000 contribu- need them the most. If those parts of passed and the President signed, we are tions to their retirements. our country rise, the rest of the coun- able to do these things we have been Family Express Convenience Stores, try will continue to rise. wanting to do for our employees: Give out of Valparaiso, announced it is According to the Economic Innova- them a bonus, put more money in their boosting its starting wage for employ- tion Group, one in six Americans lives pensions, help give more charitable ees at their 70 locations throughout In- in an economically distressed commu- contributions in the communities diana. Gus Olympidis is its CEO, and he nity. These distressed areas lost 6 per- where they live, provide more long- said: ‘‘We feel obligated to pass on a cent of their jobs between the years term certainty. significant portion of the tax savings 2011 and 2015. Have no doubt, we will continue to to our staff.’’ Of course, we have heard The New York Times recently high- work to add to the list of accomplish- this from a number of employers and lighted the benefits of the Investing in ments, and I will probably be on the their leadership. They are passing on Opportunity Act, writing that rural Senate floor talking about them. tax savings to their employees because areas accounted for just 3 percent— I yield the floor. they want to retain these employees. only 3 percent—of the job growth in I see my colleague from Indiana is This, of course, is a good way to do it. the years 2010 to 2014. Rural commu- here to talk about tax reform. Southwest Airlines announced that it nities saw more businesses close than The PRESIDING OFFICER. The Sen- will be investing in a new fleet of air- open over that time period. ator from Indiana. planes, and the engines will be built by Many West Virginia communities are Mr. YOUNG. Mr. President, I rise Hoosiers in Lafayette. continuing to suffer the consequences today to speak in support of—and to FedEx is investing $1.5 billion in its of the previous administration’s anti- share a sample of—the positive results Indianapolis hub and is providing bo- coal policies. Their economies could my State of Indiana is already experi- nuses to its workers. use this boost, and this is exactly what encing as a result of tax reform. Hoo- First Midwest Bank raised its min- tax reform and the Investing in Oppor- siers like Chelsee Hatfield, who accom- imum pay for hourly employees to $15 tunity Act, in particular, will provide. panied me at the State of the Union ad- an hour at its 18 Northwest Indiana Passing tax reform fulfilled a promise dress last week, are already seeing the branches. that we made to the American people benefits of this historic tax overhaul. These are real results—real com- to make jobs and economic growth our Chelsee is a young mother of three. She pensation and real benefits—already top priority. is a teller at a rural branch of First being experienced by rank-and-file Two weeks ago, the Senate fulfilled Farmers Bank & Trust Company in Hoosiers—the people who help keep another major promise by passing the Tipton, IN. Chelsee recently learned this economy humming. longest extension of the Children’s that she is going to receive a raise and I listened very carefully to Hoosier Health Insurance Program. In West a bonus as a result of tax reform. This voices when we were debating the Tax Virginia, approximately 22,000 children additional income will help Chelsee go Cuts and Jobs Act, and I am glad to see rely on CHIP for access to their back to school and earn her associate’s their voices were heard, in the end, by healthcare. It has been a successful degree. It is also going to enable her to a majority of my colleagues. Workers program. It has been one that really put money away for her children’s col- at companies of all sizes are already helps a lot of families, a lot of working lege education. beginning to see the benefits of a tax families. Over the years, it has helped First Farmers Bank & Trust is also code that is simpler, that is fairer, and improve the health of our State’s chil- investing $250,000 per year—per year— that allows Hoosiers to keep more of dren. These working families deserve in community development in the their hard-earned money. the long-term certainty that the CHIP small rural communities where they I thank the Presiding Officer. program will be there to provide access serve businesses and individuals. More- I yield the floor. to critical services, and I am proud we over, First Farmers is going to invest I suggest the absence of a quorum. provided that certainty. I have been a $150,000 per year in employee develop- The PRESIDING OFFICER. The strong supporter of the CHIP program ment. This is just one company clerk will call the roll. for over 20 years. I was on the con- throughout the State of Indiana, and The bill clerk proceeded to call the ference committee in the State house we are seeing all sorts of stories like roll. in the late nineties when we forged and this already emerging. Mr. KENNEDY. Mr. President, I ask implemented the program in our State, Chelsee and the employees of First unanimous consent that the order for and I have been dedicated to it ever Farmers Bank & Trust represent so the quorum call be rescinded. since. many regular Hoosiers who work in The PRESIDING OFFICER. Without When I came to the Senate 3 years small towns and in our large cities, and objection, it is so ordered. ago, in my maiden speech, I made long- they are going to see real benefits, sub- Mr. KENNEDY. Mr. President, 47 term funding for the CHIP program one stantial benefits, for themselves and days is how long it has been since of my main priorities. Passage of this their families. As a result, the entire President Trump signed the Tax Cuts bipartisan legislation to extend it for State and country, of course, will ben- and Jobs Act into law, and what a 47 the next 6 years was a big win for the efit as well. days it has been. We are already begin- children of this country and across Indiana, like so many States, is al- ning to see what meaningful tax relief West Virginia too. Hard-working Amer- ready seeing a steady stream of tax re- looks like for middle- and working-

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.018 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 7, 2018 class Americans. In just 47 days, well ly doubling the federally mandated for our economy is better now than, over 3 million American workers—the minimum wage. The Gulf Coast Bank & certainly, it has been in 10 years. I people who get up every day and go to Trust Company was also able to in- guarantee you that 47 days from now, work and obey the law and try to do crease its charitable contributions by it will look even better because the the right thing by their kids—have re- $75,000. Maybe, to some, that $75,000 is Congress had the courage to legislate ceived wage increases, benefits in- mere crumbs, but to the people of Lou- what the American people already creases, and/or bonuses. isiana, that is a lot of money. knew, and that is that people can spend I have heard a number of so-called Blessey Marine Services, in Harahan, the money they earn better than the experts say—and it has been my experi- LA, immediately took $1 million of its government can. ence that the experts are almost al- tax savings and increased its employ- I thank the Presiding Officer. ways wrong, but that is a separate sub- ees’ benefits. I yield to the Senator from Montana. ject—that if Congress reduced the cor- The Tax Cuts and Jobs Act also al- The PRESIDING OFFICER. The Sen- porate tax rate from 40 to 21 percent lowed for a small brewery in Ham- ator from Montana. and if Congress lowered taxes on sub- mond, LA, to expand. I live about 30 Mr. TESTER. Mr. President, I thank chapter S corporations, LLCs, LLPs, miles away from it. The brewery is the Senator from Louisiana for allow- sole proprietorships, and family farms, called Gnarly Barley. I love that name, ing me to say a few words, and I thank the benefits would only be felt by the ‘‘Gnarly Barley.’’ Gnarly Barley is you, Mr. President, for doing the same. so-called rich. I, respectfully, suggest going to expand, hire more workers, Hopefully, today works out better that those 3 million Americans who and provide more benefits to its exist- than the last 131 days have, in that have received bonuses and higher ing workers. It is not as big as AT&T, hopefully today a bipartisan group of wages and more generous benefits— but Gnarly Barley and the people who Senators will be able to put forth a once again, in just 47 days—would not work for it are just as important to my budget agreement that will be long agree with the experts. In those 47 State and to the country. term. short days, over 330 companies have I would also point out that another I thank them because as part of passed along their tax savings to their Louisiana bank, IBERIABANK Cor- that—although it isn’t done yet so we employees. poration, is giving 80 percent of its em- don’t want to get the cart too far ahead I am from Louisiana. One of my ployees $1,000 bonuses. You can call of the horse—there is funding for com- State’s largest employers, JPMorgan that a crumb if you want to, but in munity health centers in this agree- Chase, has increased its minimum wage Louisiana, $1,000 is a lot of money, and ment. and expanded benefits for its hourly I think it is a lot of money to most Funding for community health cen- workers—real money in higher take- Americans. ters has become a top priority for me, home pay. JPMorgan Chase has also I could keep going, but I think you and it became that because of my visits planned a $20 billion 5-year domestic get the point. The Tax Cuts and Jobs to community health centers around investment that will benefit those Act has promised just about every the State, from Bullhook in Havre to Americans who own homes, who own American family and just about every RiverStone in Billings, to the South- small businesses, or those who would American worker and nearly every west Montana Community Health Cen- like to someday as part of the Amer- American business, large and small, a ter in Butte, to Partnership Health ican dream. tax break, and they are already start- Center in Helena and Missoula, and the Honeywell, another well recognized ing to see the effects. list goes on. These health centers pro- corporation, happens to have a manu- I have said this before, but it bears vide incredibly affordable and efficient facturing plant in Geismar, LA. Honey- saying one more time that you cannot healthcare to people across Montana. well was quick to increase its 401(k) be for jobs if you are against business. So I am incredibly pleased to work match for its employees, which helps You will never hear a politician say he with the leadership in this body and to ensure certainty for people in their is against jobs or she is against jobs. get a deep deal for community retirements. BancorpSouth, another Every politician is for jobs, but you healthcare centers across this country, company that does business in Lou- cannot be for jobs if you are against including Montana’s 17 community isiana, gave raises to 70 percent of its business. health centers. employees right off the bat—within the In order for businessmen and busi- I would say 2 years is a good start, first 47 days. AT&T has 4,600 employees nesswomen to succeed, they need four but there happens to be 19 bipartisan in Louisiana. Those employees are things. They need reasonable regula- cosponsors on a bill called the CHIME going to see $1,000 in bonuses and many tions, they need a well-trained work- Act, which would reauthorize commu- other benefits of a $1 billion increase in force, they need decent infrastructure, nity health center funding for 5 years. investment by the company—all as a and they need low taxes. That is what That is where we really need to be. I result of the passage of the Tax Cuts government is supposed to provide. am not complaining about the 2 years. and Jobs Act. Then government needs to get out of I think it is important that we keep There are other businesses with foot- the way and let the free enterprise sys- these folks going, and 2 years is cer- prints in Louisiana—businesses like tem work. Our Tax Cuts and Jobs Act tainly better than where we are now, Home Depot, Cabot Oil & Gas Corpora- has provided those low taxes, and I am but, really, we don’t look with much tion, Starbucks, Visa, American Air- very proud of the bill. vision in this body, and it is not vision- lines, Capital One, Southwest Airlines, Last September, I stood here and ary to say we are going to give a 5-year Bank of America, Apple, Fidelity, talked about the importance of tax re- funding mechanism to our community Humana, Nationwide, Regions, lief for American families, businesses, health centers, but that is what we Verizon, and FedEx, just to name a and industries and for the overall need to do today. We need to give the few. They also made the list of compa- health of our economy. I didn’t know if community health centers the long- nies that are passing along their sav- I would see the day, but, finally, we are term predictability they deserve. ings to the American worker. on track to see better than average In Montana, these centers are the Furthermore, in my home State of economic growth. I am talking about 3- backbone of much of our healthcare de- Louisiana, the Tax Cuts and Jobs Act plus percent. We talk about 3 percent livery system. They provide affordable is allowing small businesses to grow growth as if it is the Holy Grail, but it access to care, keeping our commu- and reinvest in their employees and in is just average for the American econ- nities and families healthy. Let me their communities. Thanks to the omy. Our burdensome Tax Code—it is give you a little example of how impor- TCJA, or the Tax Cuts and Jobs Act— clear now—was hamstringing our job tant these are. I hate acronyms, as does the Presiding creators, limiting productivity, and Community health centers alone pro- Officer—the Gulf Coast Bank & Trust keeping wages about as low as they vide over 10 percent of the healthcare Company, which is a bank in Lou- were, adjusted for inflation, in 1999. for the people of the State of Montana. isiana—actually, in the New Orleans The American economy needed a shot It is where they go to get care, and 85 metropolitan area—was able to raise in the arm, and that shot in the arm percent of those folks are low income. its minimum wage to $12 an hour, near- came 47 days ago. I think the outlook These are folks who probably wouldn’t

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.019 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S681 be able to get healthcare without the The PRESIDING OFFICER. Without medical conditions. They predicted all community health center there, and objection, it is so ordered. types of catastrophes. 20,000 of them are children. Montana is PAID LEAVE The chamber of commerce back then a big State geographically, with not a Mr. MERKLEY. Mr. President, we called FMLA—that is simply family lot of folks. Oftentimes folks have to hear a lot in this Chamber about fam- and medical leave—a dangerous prece- travel a long way, under the best of ily values. We hear from Democrats dent. The National Federation of Inde- conditions, to see a doctor. If we didn’t and we hear from Republicans about pendent Business said it was the great- do this funding mechanism that we the need to support and improve the est threat to small business in Amer- hope happens today or tomorrow, we strength of families across our Nation. ica. One Member of Congress, Rep- would see these folks traveling hun- What are the things that really do pro- resentative Cass Ballenger of North dreds of more miles to see a doctor be- vide the foundation for a family to Carolina, described FMLA as essen- cause oftentimes this is the only thrive? Jobs, education, and tially ‘‘nothing short of healthcare facility close to them. healthcare. Good-paying jobs and jobs Europeanization,’’ and he didn’t mean Although the news we have heard with good working conditions, cer- that in a complimentary fashion. We know better today. There is no today so far seems to be positive on our tainly, are extremely valuable, but the partisan debate over the FMLA today. budget, it doesn’t change the fact that issue of good-paying jobs and good There is no organized corporate opposi- Congress should have acted on this 131 working conditions has been caught in tion to the Family and Medical Leave days ago. A solution should have been a struggle between ‘‘we the people’’ and Act. Companies have found, treating passed when our fiscal year ended at the powerful and privileged of this Na- their employees with the opportunity the end of September. It speaks to the tion. Our Constitution starts out with to address medical conditions of their dysfunction of this body. Our basic job these three beautiful words: ‘‘We the is to put forth a funding mechanism, own or their family members or to be People.’’ with a new baby is simply a win-win known as a budget, that will provide The whole entire setup was to avoid for the company and for the employer. basic healthcare that will fund commu- the type of situation that was in so More than 200 million working Ameri- nity health centers and CHIP—not use many places in Europe, where the priv- cans have taken leave under the Fam- them as political pawns—fund them, ileged and powerful families ran every- ily and Medical Leave Act to care for a give people certainty, give our military thing for their own benefit and not for newborn child, to sit at the bedside of certainty, give our security folks cer- the benefit of the people of the United a sick loved one, or to recuperate after tainty, and not continue governing States of America—in that case, the from crisis to crisis with continuing a major surgery. What has been the re- people of Europe. sult? According to a Labor Department resolution after continuing resolution. Our vision is different. Yet, time and survey released 5 years ago on the 20th I have seen firsthand the destruction again, we see this struggle played out, anniversary, 91 percent of employers these short-term budgets have had on where the powerful and privileged are said the law had either a positive im- health clinics, veterans, and small trying to ride right over the top of or- pact or at least no negative impact on business. dinary people—ordinary working the business. Whenever you get 9 out of I just had a group of school board Americans, ordinary middle-class 10 on anything in America, we should folks in my office yesterday who Americans. pay a lot of attention to that. talked about Impact Aid. These are That certainly is the case when we schools that serve our military and Na- The FMLA has been so successful and take a look at the issue of the Family so popular, it has been expanded twice. tive Americans. They said these CRs and Medical Leave Act, FMLA. This is were limiting the possibility for pay- In 2008, we expanded it to allow mili- an act passed 25 years ago. It was a tary families to take up to 26 weeks of ments for Impact Aid schools. major step forward in striking a better We have heard from our military leave to care for injured servicemem- balance for good working conditions. bers. Then again, in 2009, we expanded leaders about how the short-term CR is Let’s revisit a little bit of the debate it to cover flight attendants and airline wasting taxpayer dollars and hurting that occurred 25 years ago in prepara- our military readiness. At a time when flight crews. It is time we consider, on tion for the consideration of that act. men and women from this great coun- the 25th anniversary, that we need to Many folks today don’t realize that the try are stationed around the world, we go from a system of simply unpaid opportunity to take unpaid time off to need to give them certainty. They need leave to a system of paid leave. We be with a child or be with a loved one to know we are doing our job as they need to join the rest of the developed who is very sick or a family member do their jobs in incredibly difficult con- world and say: It makes so much sense who is dying is something that came ditions. for family members to have this flexi- So, for 131 days, too many Americans out of the FMLA 25 years ago. They as- bility. It makes so much of an im- have been living with uncertainty as a sumed this is just a fair, decent, and proved worker and an improved family direct result of dysfunction in Con- right way to treat your employees; that it is a win-win for America. gress. This agreement is a step in the that it produces more productive, more It is time to recognize that while the right direction, and I am very pleased loyal team members, and it is just part FMLA—Family and Medical Leave to see progress on a budget because 131 of an appropriate consideration of the Act—was powerful, it is only powerful days is too long. human condition. for those who could afford to go with- Let’s get this fixed, and over the Before we had the FMLA 25 years out income. That leaves out a great, coming weeks, I will be more than ago, oftentimes people couldn’t take vast swath of America. happy to sit down with Republicans, time off to have an operation for a President Trump said he wants to Democrats, and Independents who are medical condition. Being sick a day fight for working families, so I would willing to roll up their sleeves and might mean you are fired. Tending to a expect him to be down here lobbying work to give this country, small busi- newborn child might mean you lose for the improvement of this act. We nesses, and working families predict- your job. Decent, ordinary interaction haven’t heard from him yet, and I am ability through a longer term budget with family was something that was not really expecting we will because so they can move forward and be all not prioritized by the companies what we have seen in the course of the they hope to be in the greatest country around this country. It is a system past year is, while talking about in the world. that big, powerful, and privileged indi- strengthening families, time and again, With that, I yield the floor. viduals and organizations fought to the President is simply about dimin- I suggest the absence of a quorum. preserve. ishing the support for working families The PRESIDING OFFICER. The It took 7 years of congressional de- and undermining them. clerk will call the roll. bates. It took overcoming two Presi- We saw that most recently with the The senior assistant legislative clerk dential vetoes. It took overcoming en- Consumer Financial Protection Bu- proceeded to call the roll. trenched opposition from special inter- reau, by assigning someone to go over Mr. MERKLEY. Mr. President, I ask ests that said it would be a disaster for there and head it up and then proceed unanimous consent that the order for workers to be able to address their to undo the protections for fair finan- the quorum call be rescinded. medical conditions or their family cial deals that are the foundation for

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.021 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S682 CONGRESSIONAL RECORD — SENATE February 7, 2018 the financial success of our families. with their newborn. I want them to get You wouldn’t think that coming from Really? Turn the Consumer Financial the operation they need, which causes Alaska, but I can testify from personal Protection Bureau into a bureau to them to miss time from their job. I knowledge that that is a fact. support financial predators? No, that want them to be able to sit by the bed The Lucky Wishbone, I expect, will does not help our families. of a loved wife or a husband or child as continue on. It is a successful business In fact, it will help our families to they are dying. That is strengthening with a large following. But with the advance Senator GILLIBRAND’s FAM- the families in America. That is put- passing of Peggy and now George, it ILY Act because the time has come for ting people ahead of the powerful and marks the end of an era for us in Alas- national paid family and medical leave the privileged. And putting people ka. We have lost two beloved pioneers insurance in the United States. We ahead of the powerful and privileged is who were dear friends to so many of us, know this because a number of States what our Nation is all about. So let’s and I am proud to count myself among have already enacted their own paid get it done and pass this bill. that group. It is important that we ac- leave law. This isn’t some big experi- Thank you, Mr. President. knowledge their place in Alaska’s his- ment that we have no foundation for I suggest the absence of a quorum. tory, and that is what I intend to do understanding the pros and cons be- The PRESIDING OFFICER (Mr. briefly today. cause States have already acted. We YOUNG). The clerk will call the roll. George was a native of Wisconsin. He can evaluate how that has gone. The senior assistant legislative clerk attended high school in Red Wing, MN. When California was debating paid proceeded to call the roll. He joined the Minnesota National leave before its passage in 2002—yes, 16 Ms. MURKOWSKI. Mr. President, I Guard. He was selected for Officer Can- years ago—the chamber of commerce ask unanimous consent that the order didate School. described it as a coming disaster, and for the quorum call be rescinded. In 1943, George and Peggy met, and the National Federation of Independent The PRESIDING OFFICER. Without they married the next year, in 1944. It Business predicted it would be the big- objection, it is so ordered. is said that they met ‘‘over Formica.’’ gest financial burden for business in REMEMBERING GEORGE AND PEGGY BROWN George was training to be a pilot, and decades, but a study looking back on Ms. MURKOWSKI. Mr. President, Peggy was a waitress. Some would sug- California’s paid leave found that after every community has one—the iconic gest that their destiny as operators of 1.4 million leave claims were paid— American diner. Its definition, as has an iconic diner was sealed at that very that is 1.4 million times that a worker been officially outlined, is ‘‘a friendly moment, but World War II came first. was able to take care of a medical con- place, usually mom-and-pop with a sole George received orders to go to India. dition, was able to care for a newborn, proprietor, that serves basic, home- He was one of those brave pilots who was able to sit by the bed of a dying cooked, fresh food, for a good value.’’ navigated military aircraft over the family member—the law has helped re- This is sort of an official definition Himalayas, colloquially known as the duce turnover. That is good for busi- that was coined by a gentleman named Hump. ness. It has increased employee loy- Richard Gutman, who is regarded as Coincidentally, another significant alty, which is also good for business. the curator and expert on all things figure in Alaska’s history flew those New Jersey passed paid family leave diner. same routes during the war. That guy’s in 2008. They offered workers 6 weeks, In 1955, 4 years before Alaska won name was Ted Stevens. at two-thirds their salary, funded statehood, our very own iconic Amer- After the war, George and Peggy re- through a payroll tax. At the time, the ican diner opened in Anchorage. It was turned briefly to the Midwest. They mayor of Bogata, NJ, railed against it called the Lucky Wishbone. It was a bought a share in a restaurant. In 1951, saying, ‘‘The basic argument for this friendly place. It featured pan-fried they sold their share and took off for . . . is to subsidize an army of chicken, real cheeseburgers, great Alaska in a 1949 Nash. It was a pretty breastfeeding single mothers.’’ Well, I milkshakes, by the way, and French bumpy, dusty, 2-week journey, we are must say what a misunderstanding fries that had been cut from potatoes told. Upon arrival, George worked con- that is of the importance of a mother just that morning. Fitting squarely struction on Elmendorf Air Force Base to be with a newborn or a father to be within Gutman’s definition, it was a and helped build a home for his family. with a newborn. That bonding, that mom-and-pop. Mom was Peggy Brown. They moved to Arizona for a short support—those are family values. Don’t Peggy passed away in 2011 at the age of time in the 1950s and tried out another talk about family values to me and 87 after a long struggle with Parkin- restaurant; at that time, it was in Tuc- then talk about a mother having zero son’s disease. Pop was George Brown, son. It didn’t work. It was a flop. So days to be with a newborn or a father who passed away on January 13 at the they returned to Alaska to try again, zero days to be with a newborn. age of 96. and this time there was no flop. After 2 years, New Jersey has a leave This is the story of two extraor- On the occasion of the Wishbone’s fund that has a surplus, and they did a dinary individuals who helped build our 50th anniversary in 2005, George re- reduction in the payroll tax that pays community and helped build our State called the Wishbone’s first week in for it. Between 2009 and 2015, 200,000 in remarkable and very humble ways. business. He shared this with a re- paid leave claims were approved, pay- George, along with his partner at the porter from the Anchorage Daily News, ing out $507 million in benefits, result- time, Sven Jonasson, built the res- Debra McKinney. He said as follows: ing in employee retention of over 90 taurant with their own hands. Sven The first day we took in $80. The second percent. Business is humming in New exited shortly thereafter, and Peggy day, $125. Then we went to $300 on Saturday, Jersey and in California. In fact, busi- became George’s business partner, as I believe it was. We were totally swamped. nesses are doing well in each of the well as his life partner. She did the And on Sunday it was $460. At that time, why of course coffee was 10 cents, a jumbo States and the District of Columbia books. She greeted the guests. She was hamburger was 65 cents, a regular ham- where paid leave has already been es- involved in every aspect of the enter- burger 40 cents, a milk shake, 35 cents—that tablished by law. prise. kind of thing. Things were looking pretty I celebrate what we accomplished 25 In 2002, the Lucky Wishbone was good after that first week. From then on, the years ago with the Family and Medical named Alaska’s Small Business of the business grew and grew and grew. Leave Act, but I am saddened we re- Year. When you think about it, there is Those were George’s words. stricted it to only those who could af- nothing more homegrown, nothing Fifty years later, according to ford to take time off with no pay. more truly small business and entre- McKinney, the Wishbone was serving Strengthening families is something preneurial than that small diner every- up over 1,000 chickens a week, some- we should want to happen with families body calls home. Peggy flew back to where between 50,000 and 70,000 a year. who are doing well enough to go with- Washington, DC, to receive the award Serving up all of that food, of course, out pay, but we should also assist fami- in 2002. She was introduced at the time requires a pretty big team. George and lies who are struggling and living pay- to President George W. Bush by Sen- Peggy have four children, and every check-to-paycheck. I want those moms ator Stevens. Senator Stevens told the one of them put in time at the Lucky and dads who are living paycheck to President: ‘‘This lady makes some of Wishbone. Patricia Brown Heller—Pat paycheck to be able to spend a moment the best fried chicken in the country.’’ Heller—is one of those children. She is

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.022 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S683 the oldest of the four. She tells the the food is hearty, a place where the B–17, like ‘‘Memphis Belle’’ and others, story of her involvement working in smiles and the hugs have always been realize what treacherous service that the restaurant. She says she pretty readily available. was during World War II. much cut her teeth in the restaurant. As much as I have missed Peggy He was shot down on his 26th mission She was the fastest potato peeler and since she has passed, I will certainly over Mannheim, Germany, and was slicer at the Wishbone, she says on the miss George. I will miss his smile. I captured as a prisoner of war for the order of 200 pounds a day. She worked will miss his conversation. But it is last 4 months of World War II. But, in the family’s restaurant cutting comforting to know that their legacy thank goodness, the U.S. Army and those potatoes, peeling and cutting will continue. General Patton came through Germany them every morning. On February 11—this weekend— and liberated those POW camps at the Pat decided that the restaurant was George’s friends and supporters and ad- end of World War II. My dad came not going to be her career and decided mirers will gather at the Alaska Avia- home, built a family, and finished his to go another route. She was the long- tion Museum to celebrate his life. It is career after 31 years in the military. time State director for the former Sen- really an appropriate place for George So, as you might imagine, the men and ator Murkowski—my father, Senator because he was a pilot, and once a women who serve in our military are Frank Murkowski—and then when I pilot, always a pilot. He had 73 years of near and dear to my heart. came to the Senate, she continued on experience in the cockpit at age 94 I recognize the importance of our as my State director in 2003. But Pat when he last landed his Cessna on support not only for the ones who wear has always been, as have her siblings, a Deshka Lake to fish. the uniform but also the families. Of true fixture, along with her parents, at I had an opportunity to speak with course, having an all-volunteer mili- the Lucky Wishbone. Pat before I came to the floor, and she tary means we have to provide support The demands of the business required is worried that the location they have not just for the servicemembers but for growth in the workforce, and George chosen for the service will be too small the families as well. When our service- and Peggy maintained a high standard because they anticipate that some 400 members enlist, they sign a contract and demanded much of their employ- Alaskans will come to gather. She and, basically, hand their lives over to ees. Many chose to stay. They were made the comment to me: At 96, you us to be good stewards of their service adopted into the Browns’ extended wouldn’t figure that there would be and to be in a position of trust. To hold their budget hostage, which family. If you ask people throughout that many people at someone’s service. Anchorage if they know somebody who I reminded Pat that George was that is what has happened until now, is to ask them to assume even greater risk has worked at the Lucky Wishbone, I person who touched so many people’s in order to satisfy certain narrow polit- can tell you that extended family is lives, whether as a pilot, a small busi- ical agendas. Given all that our men pretty large. It is pretty significant. nessman, a community leader, or just and women in uniform do for us—to George and Peggy were known for the generous man with a good cup of keep us safe, to keep the world at peace giving away $30,000 to $40,000 in Christ- coffee who would sit at the banquet as much as possible—it is not too much mas bonuses, health insurance, and table with you there at the Lucky to call holding that funding hostage a pensions. They were very protective of Wishbone and just share a conversa- the health of their customers and their disgrace. tion. He was a man of many talents Our men and women in uniform can’t employees, and the Lucky Wishbone with an extraordinary good heart and afford to be hamstrung, especially became smoke-free long before it was good will. when we face new and evolving threats fashionable and not without more than On behalf of my Senate colleagues, I across the globe, but because of our in- its share of controversy because many bid farewell to this outstanding Alas- ability to produce longer term cer- of their customers liked to smoke, but kan. I extend my condolences to his tainty, they were. That is, until now. not at the Wishbone. family and to all of those whose life he The compromise we have reached Oftentimes, when Mom and Pop pass enriched. will ensure both that our troops have away, the business dies with them. Mr. President, I yield the floor. what they deserve—in terms of train- Fortunately, that won’t be the case I suggest the absence of a quorum. ing, equipment, and readiness—and here. Ownership responsibilities going The PRESIDING OFFICER. The that our country has what it needs in forward will be shared by Pat and two clerk will call the roll. order to achieve ‘‘peace through long-term employees of the Wishbone. The legislative clerk proceeded to strength’’ across the globe. And out of love and respect for George call the roll. Since the Budget Control Act of 2011, and Peggy, they have made a commit- Mr. CORNYN. Mr. President, I ask we have kept discretionary spending, ment to Anchorage, so nothing is going unanimous consent that the order for which includes defense spending, rel- to change. It is comforting to know the quorum call be rescinded. atively flat. Unfortunately, the threats that the chicken will still be wonder- The PRESIDING OFFICER. Without have done nothing but proliferate and ful, the cheeseburgers will still be real, objection, it is so ordered. increase, and we have seen a number of the milkshakes good, and, of course, Mr. CORNYN. Mr. President, all training accidents like the Fitzgerald the french fries cut fresh every morn- week I have been speaking about the and the JOHN MCCAIN where, literally, ing. impending deadline of tomorrow, the according to General Mattis, we have Community is a highly valued con- continuing resolution that we passed lost more servicemembers in accidents cept back home in Alaska. George following the shutdown of the govern- as a result of inadequate training and Brown may have set out to run a suc- ment over the DACA issue, and the im- readiness than we have in hostile ac- cessful restaurant, but what he did was portance of meeting that deadline. So tivities. That is just a shameful situa- he created a community institution, a you can imagine my pleasure at hear- tion. Of course, now we have acted to place for people to talk about golf or ing the announcement this afternoon change it. flying or whatever were the issues of by the majority leader. His hard work Yesterday, Defense Secretary Jim the day. leading to this critical funding nego- Mattis testified before the House We have a tradition, I guess you can tiation has now produced an agreement Armed Services Committee, and he call it, in my family. During a cam- that both sides should be able to get wasted no time in telling us how ur- paign, when you come to election day, behind. gent the situation was becoming. He there is oftentimes not much more One of the reasons these negotiations said that, without a proper defense ap- that can be done. You have gotten your were so significant and why the an- propriations bill, the U.S. military message out. You are just kind of wait- nouncement today was such good news lacks the most ‘‘fundamental congres- ing for people to vote. So a tradition in has to do with our military. I happened sional support.’’ As Secretary Mattis our family is we go out for a nice to have been raised in a military fam- stated, the Trump administration’s lunch, and we always go to the Lucky ily. My dad served 31 years in the U.S. new national defense strategy requires Wishbone on election day. I think I am Air Force and was a B–17 pilot in World sustained, predictable appropriations going to continue that tradition. This War II in the Army Air Corps. Those in order to be carried out. I am con- is a place where the coffee is warm and who have seen the old movies about the fident that we are heading toward that

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.024 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 7, 2018 in light of this new agreement, but it users of these phone systems will have Think about what they had to over- took us an embarrassingly long time to the ability to dial 911 without first come. Over the course of the regular get here, and that is regrettable, to say having to dial for an outside line. season, the Eagles lost a Hall of Fame the least. Why is this important? Let me tell left tackle, their amazing middle line- I join the majority leader and our you briefly the story of Kari Hunt backer, arguably the best pound-for- colleagues in strong support for our Dunn of Marshall, TX. Kari was killed pound player in all of football, and men and women in uniform and their in her hotel room in Marshall, TX, in they still steamrolled through to a 13- families during this week of difficult 2013. Kari’s then-9-year-old daughter to-3 record in the regular season. and delicate negotiations, and I ask my was unable to reach emergency per- For all of that, maybe the greatest other colleagues to vote to support this sonnel because she failed to dial 9 to example of the ‘‘next man up’’ men- bipartisan legislation, to show their get an outside line. She tried four tality in NFL history was the way that support for our military readiness, pro- times but was unable to connect, which Nick Foles took over for Carson Wentz curement, and testing—all of which are meant no help ever came. at quarterback when Wentz was lost to required to keep our forces the best With this simple change in the de- a serious injury late in the season. The trained, the best equipped, and the best fault configuration of phone systems in fact is, Wentz was, I think, the leading prepared force on the planet. offices and hotels, we can help folks candidate for the league’s MVP at the When we vote on this agreement, we reach the help they need in a crisis time of his injury. I think he still can’t lose sight of other critically im- quickly, and we can save precious sec- should be considered a leading can- portant issues—issues that seem to onds that ultimately could save pre- didate for MVP for the season. The fact fade from people’s memories; that is, cious lives. that Nick Foles was able to step in and something like disaster relief. I can’t I am grateful to my colleague, the guide the team not just into the play- adequately describe the outpouring of senior Senator from Minnesota, for offs, not just through the playoffs, but support we got from the President on working with us on this legislation, as all the way to the Super Bowl and to a down to neighbors helping neighbors well as my colleague Representative Super Bowl victory against the New following Hurricane Harvey and its LOUIE GOHMERT, who carried the cor- England Patriots is what legends are devastating impact on my State. Cer- responding bill in the House. I also made of. tainly, our hearts are with the people want to thank Mr. Hank Hunt, Kari’s The Philadelphia Eagles are a his- of the Virgin Islands, Puerto Rico, and father, for his hard work in cham- toric franchise. Some of the best play- Florida as they have suffered from Hur- pioning this bill and pushing so hard ers in the history of the game have ricane Maria, as well as our friends and for this crucial change to become law. worn the green and white. Names like colleagues in the West, who have suf- I yield the floor. Van Brocklin, Bednarik, White, and fered as a result of the devastation The PRESIDING OFFICER. The Sen- Dawkins come to mind. This Super caused by wildfires and mudslides and ator from Pennsylvania. Bowl is also for all of these great play- other hardships. CONGRATULATING THE PHILADELPHIA EAGLES ers who put on the Eagles jersey over The House passed an $81 billion relief ON WINNING THE SUPER BOWL the years. package at the end of last year, and Mr. TOOMEY. Mr. President, I rise I will conclude with this. If you lis- here we are; a couple of months later, today to honor the Super Bowl cham- ten to sports radio in Philadelphia or we are actually acting on this disaster pions, the Philadelphia Eagles. Last most of Eastern Pennsylvania, you relief package. It is long overdue. I am Sunday night in Minneapolis, the learn that the passion of the fan base is pleased, though, to announce that the Philadelphia Eagles defeated the really extraordinary. This is because bill we will be voting on provides sig- vaunted New England Patriots by a the Eagles, in many ways, are more nificant funding for disaster relief ef- score of 41 to 33 in one of the most than a football team to their fans. The forts around the country, and I applaud amazing Super Bowls ever—one of the Eagles are a part of Pennsylvania cul- the House for taking the first step in most amazing NFL games ever. It was ture. They are a part of the region’s December. I appreciate Governor Ab- really an extraordinary night. In so culture. The mood of the region is af- bott of Texas, as well as the Senate Ap- doing, the Eagles captured their first fected every weekend that they are propriations Committee, for working Super Bowl title ever and the fran- playing. Other cities have certainly with us to help us strengthen the chise’s first national championship celebrated Super Bowl victories in the House bill. since 1960. past. Somebody gets to do that every My fellow Texans who were hit by The Eagles’ arguably improbable year. But this Thursday afternoon in Hurricane Harvey last August have Super Bowl run came despite many se- Philadelphia, get ready for a party like been waiting patiently, along with all rious injuries and a whole lot of doubt you have never seen because the most the folks who faced the fury of Mother from naysayers and pundits and passionate fans in the country are fi- Nature in Florida, California, Puerto oddsmakers. The oddsmakers, by the nally getting a parade down Broad Rico, and the Virgin Islands. It simply way, had the Eagles as underdogs in Street with the Lombardi trophy. has been unacceptable to see the delay every playoff game they played, but, of Go Birds. Fly, Eagles, fly. in getting the relief they need to them. course, they won every one of them. I yield the floor. Now we have the chance to stand up, fi- It is a team led by Doug Pederson, a The PRESIDING OFFICER. The Sen- nally, in a bipartisan fashion and show coach who, himself, entering the sea- ator from Pennsylvania. not only that we remember what they son, was often doubted and sometimes TAX REFORM have been through but also that more dismissed by the punditry and the talk- Mr. TOOMEY. Mr. President, I wish help is on the way. That is why I am ing heads. Not only did Coach Pederson to address the Chamber on a topic that urging all of my colleagues to support make his critics look silly, but, in win- I have been speaking on once a week— this agreement when we take it up. ning the Super Bowl, he beat a man or thereabouts—since we passed the KARI’S LAW ACT who is arguably considered one of the historic tax reform late last year. Last Mr. President, the last issue I wish to best coaches in NFL history. Pederson Friday, I had the chance to visit JED address is a bill that I cosponsored did it by deploying one of the greatest Pool Tools/Northeastern Plastics in called Kari’s Law. Two days ago we offensive game plans I think the NFL Scranton, PA. It is a company owned passed it in the Senate, and soon, I has ever seen. by Cindi and Alan Heyen and employs hope, the House will follow suit. It is The group of men who comprise the about 30 people. JED Pool Tools makes imperative that we get this bill to the Eagles’ roster embody the city of swimming pool accessories. They make desk of the President for his final sig- Philadelphia. They are brash, gritty, the skimmers and water test kits and nature soon so that it can become law. and talented, with a never-say-die atti- other devices that people use in their Kari’s Law amends the Communica- tude. They are led by stalwarts like pools. Northeastern Plastics is the sis- tions Act of 1934 to require multiline Malcolm Jenkins, Fletcher Cox, Carson ter company, and they make custom telephone systems, common in places Wentz, and Alshon Jeffery. The Eagles’ plastic products like locker handles, like hotels and offices, to be equipped ‘‘next man up’’ mentality was incred- barber supplies, and all kinds of special for emergency calls. Under the bill, the ible to witness. order products.

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.025 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S685 This is a great example of tax reform legislation, this Pennsylvania charter expect it to happen this quickly, but I in action, tax reform that is working community bank is awarding $1,500 bo- am thrilled that it has, and I am con- for this small business and this em- nuses to all of its employees. vinced that this is just the beginning. ployer in Northeastern Pennsylvania. We are seeing it up and down the I yield the floor. They, like other small businesses, get country, certainly all across Pennsyl- The PRESIDING OFFICER (Mr. to discount by 20 percent their net in- vania—large firms, small firms, finan- DAINES). The Senator from Florida. come and pay tax only on the other 80 cial firms, manufacturers—across the Mr. NELSON. Mr. President, I expect percent. That frees up cash flow for board. Workers are already benefiting Senator RUBIO to be joining me here on this business and businesses all across from the tax reform that we passed in the floor as we talk about some of the America to go out and purchase new December. legislative fixes to some of the prob- equipment, invest in their employees, Another important indicator that the lems that have come about as a result grow their business, hire more workers, benefits are likely to grow is in the op- of these devastating hurricanes. raise wages. That is exactly what is timism that workers and businesses It has been 5 months since Hurricane happening. It is happening at JED have because of the environment they Irma hit Florida, and it has been 4 Pools, but it is also happening across are operating in. It is a really impor- months since Maria hit Puerto Rico. the country. tant driver. Irma hit Puerto Rico as well. Of In less than 2 months since our legis- UBS does research on investor and course, before Florida’s Hurricane lation passed, over 300 businesses em- business optimism. It recently did a Irma, you had all of the problems with ploying over 3 million workers have an- survey of business owners. It asked sev- the flooding from another hurricane in nounced bonuses, wage increases, ex- eral questions. One of them was: Is Texas and then, later on, from the panded benefits, contributions to pen- your economic outlook positive? In the wildfires in California. So I am happy sion plans, and increased investment in fourth quarter of last year, outlook to finally say that we have a path for- charitable contributions. The list goes was pretty positive as 65 percent said, ward now on a disaster aid bill for all on and on. These are the ones that cite yes, their outlook for the economy was of these natural disasters. tax reform as the reason they were able positive. This year, it is up to 83 per- I can’t count on the fingers of both to do these things for their workers, cent. hands how many times I have been out for their business. It asked the question: Is the business here. I could say the same of the let- In Pennsylvania alone, we have had outlook stronger now than it was in ters written and the speeches that Sen- some recent announcements. Thermo the past? In the fourth quarter of last ator RUBIO and I have both given to- Fisher employs 2,600 people in Pennsyl- year, 77 percent said, yes, it was gether about this disaster aid and the vania. It is a biotech development com- stronger. In the first quarter of this need for it. Finally, we are seeing some pany. They announced $50 million in year, 87 percent said, yes, the business light at the end of the tunnel in that additional investments, $34 million in outlook was stronger. there is a good possibility this is going the form of bonuses they are going to It asked business owners about their to happen in the Senate within the pay to each of the company’s 68,000 plans for hiring and investing. Thirty- next 2 days. nonexecutive employees. They also an- six percent plan to hire more workers, The problem is that, in Puerto Rico, nounced $16 million in additional re- and forty-four percent plan to invest American citizens have been living search and development programs and more. without power, and schools and busi- support for STEM education. They This is really important because it is nesses are closed. The Federal Govern- cited that they are doing this as a di- optimism about the future that is a ment has been dragging its feet to help rect result of the tax reform that was necessary precondition for more invest- them. People have been waiting, and passed. ment. After all, that investment de- they have been suffering. Right now, Cigna is a big, global health service pends on a strong economy in going over one-third of the people in Puerto company. It has 5,900 employees in forward to make it worthwhile. That Rico are closing in on 5 months after Pennsylvania. Again, citing our tax re- investment is reaching new highs be- the hurricane and are without elec- form, they have announced that they cause of the combination of a lighter tricity. Potable water is still a problem are going to increase the minimum regulatory touch and much more pro- in Puerto Rico. wage they pay throughout the com- growth tax reform. Can you imagine in any other main- pany to $16 an hour. That will be the I think it is also important to stress land State, nearly 5 months after a lowest wage anyone at an entry level, that this tax reform is not some kind hurricane, one-third of its people not starting level, makes at Cigna. They of short-term sugar high of let’s throw having electricity restored? I mean, are going to provide an additional $15 money at people and then hope it goes there would be such outrage and dem- million in salary raises to people who well. It is not that at all. It is a set of onstration. This is what is going on in are already working there. They are different incentives that will lead to a Puerto Rico. Finally, I think we are also going to put $30 million more into structural change in the economy and, able to see in this disaster bill some as- 401(k) savings programs that their em- specifically, in a greater productive ca- sistance to the island, as well as to the ployees participate in—all attributable pacity on the part of our economy by Virgin Islands, and especially to our directly to tax reform. encouraging more investment, by low- State of Florida, which was hit so hard. Take the case of UPS. UPS employ- ering the cost of making that invest- I will outline some of this and tell ees 19,000 Pennsylvanians, and they an- ment, by allowing businesses to retain Senator RUBIO that I have been talking nounced that due to the ‘‘favorable tax more of their earnings so that they about all of the things that we have law impact’’—those are their words— have more to invest. All of that ex- done together ad infinitum in trying to they are committing an additional $7 pands our economy and expands our get this disaster aid package finally to billion in capital spending over 3 years productive capacity. It creates more of the point at which we can say we are so to build and renovate facilities, to ac- a demand for workers. More of a de- thankful we see a path forward. We quire new aircraft and ground fleet ve- mand for workers puts upward pressure have discussed over and over with Sen- hicles, to enhance their technical plat- on workers’ wages. What did we see ate leadership Florida’s agriculture in- forms. They announced that they are just last week? We saw a major—in dustry, which needs help. Our schools going to contribute an additional $5 fact, the largest increase in average need additional funding to deal with billion to their employees’ pension workers’ wages that we have seen in the influx of students from Puerto Rico plans as well. That comes to about many, many years. into Florida. Our critical infrastruc- $13,000 per participant. That is a tre- I am thrilled that our tax reform is ture, such as the Lake Okeechobee mendous amount of money for each of having such a beneficial impact all dike, needs funding to withstand a fu- their employees. across the Commonwealth of Pennsyl- ture storm. There are small companies that are vania and so quickly. I expected up- The agriculture industry in our State sharing the benefits as well. Noah ward pressure on wages. I expected sustained significant damage after Bank in Elkins Park, PA, said that more job opportunities. I expected a Irma. Citrus growers have suffered ap- thanks to the passage of the new tax higher standard of living. I didn’t quite proximately $760 million of loss. Why?

VerDate Sep 11 2014 00:14 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.027 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 7, 2018 Because, right after the hurricane, half speed up the recovery efforts. That is you want—and that is a win—when you the crop of the citrus grove in central why, when the news broke last week start to go through some of the items Florida that Senator RUBIO and I vis- that FEMA reportedly planned to end— that are going to be in this relief pack- ited was on the ground. If you go fur- get this—its distributing of food and age, it would be hard to complain. ther south in Florida, there are groves water, there was, obviously, outrage, With perhaps a small exception here where, actually, 100 percent of the or- and there was outrage by the two Sen- or there, virtually all of the things anges have ended up on the ground be- ators here. We appreciate FEMA mak- that are critical for disaster relief for cause of the ferocity of the wind. That ing clear the next day that it would Florida—and to a large extent as well crop was a total loss, and the wind was continue to provide aid to the people, for Puerto Rico—are going to be in- so severe there that it uprooted some which includes that food and water. We cluded. I think, while a lot of us are of the trees. The loss was crippling to have discussed with the Senate leader- very concerned about how long it the industry. ship what is essential in this disaster took—we should have done this 4 weeks Of course, this is an industry that aid bill, and it is an important step in ago or 3 weeks ago—there are other has been battling to keep its lifeblood the recovery of the people of Florida reasons why it was held up. It wasn’t flowing because it has been battling and Puerto Rico. disaster relief that was holding it up, it this bacteria called greening, which There is another thing that I have to was the other issues at play that were will kill a tree in 5 years. We have an- mention. Can you believe that the Med- holding it up. In fact, this was being other program going on by the Citrus icaid money that was given to Puerto held until the other things were agreed Research & Development Foundation Rico in a lump sum, called a block upon. that is trying to find the magic cure. grant, is going to end? It is going to Now we are able to move forward. I In the meantime, they have found some run out next month. Yet, with the $4.8 have to state that while no one wants way to keep the trees and some dif- billion in supplemental for Puerto to have a hurricane and no one wants ferent varieties of trees living longer Rico’s Medicaid Program, along with to have a natural disaster, this is a re- than the 5 years, but we have to ad- the 100-percent Federal match for 2 sponse we should be happy about. I dress the problem right now. years, we can guarantee that 1 million think it is a testament to the sorts of If the poor citrus growers didn’t have of our fellow U.S. citizens on the island things we can achieve in the Senate enough trouble with all of the citrus will not be denied healthcare coverage when we can put aside our differences canker from years earlier, they are when they need it the most. Otherwise, on other issues and work together on now producing 46 million boxes a year. it is going to run out next month. It is this. By the way, 10 years ago, that used to long overdue. We can finally provide By the way, I want to state, because be in excess of 200 million boxes a year some much needed relief for disaster I don’t want anyone to read into what of citrus harvest. The funding in this affected areas. I said about big differences, that al- disaster bill will be essential in helping So, please, let’s pass this aid bill this though we may vote differently on a the citrus industry to recover. week and let’s send it to the President. lot of issues, Senator NELSON and I Additionally, Senator RUBIO and I, I yield the floor. have cooperated on a host of things, The PRESIDING OFFICER. The Sen- many times before, have called for from judges to anything that impacts ator from Florida. Florida school funding in the Mr. RUBIO. Mr. President, I want to Florida. I hope we can get to doing aftermaths of Irma and Maria. We now that more as a Senate, not just for us add to Senator NELSON’s comments. know that, as of today, about 12,000 First, let me just say, in a time when in Florida. Maybe Senator NELSON and students who evacuated to Florida are there is a lot of noise and news about I are just always in a good mood be- enrolled from Puerto Rico. Others from the divisions in American politics, de- cause it doesn’t snow in Florida, and it the Virgin Islands have enrolled in spite differences of opinion on issues, is warm when everybody else is cold, Florida’s schools. Every child has a this is what I believe the people of but I think the people of Florida should right to a quality education, but that Florida want us to do; that is, to come be pleased with our ability to work to- can’t happen without the appropriate here and work together on the issues gether. resources. The schools need help. No we can work together on. I must say, Some highlights, and Senator NEL- SON touched on a lot of them. I will child should have their education hin- the ability to work with Senator NEL- start on the Puerto Rico part because dered by a natural disaster. This dis- SON on this has been invaluable, to aster aid bill is going to be crucial for have two different Senators from two it is the one we still see the impact of schools’ funding in order for them to do different parties singing from the same on a regular basis. their best in ensuring that those stu- song sheet about the priorities that are Let me just, as an aside, say that ´ dents receive the educations they de- critical to our State. JENNIFFER GONZALEZ, the Resident serve. What is unique about this storm and Commissioner, who is basically the This deal also includes $15 billion for disaster relief is, the impact wasn’t Member of Congress representing Puer- the Army Corps of Engineers. It is for just on Florida, it was also the impact to Rico in the House, is an extraor- mitigation and resiliency projects. on Puerto Rico. dinary advocate for Puerto Rico—not a Likewise, the two Senators from Flor- When the House passed its relief good one, not a great one, an extraor- ida have been working to ensure that package at the end of December, it had dinary one. She is tireless, nonstop. I some of those funds are used to expe- a lot of good things in it. The President am talking about Sunday evenings, dite the construction of the Lake Okee- came out with his proposal, and it had Sunday nights, early Monday morning, chobee dike. It is a critical public safe- some good things, but it needed work. she is constantly working. She is an in- ty project, and it should be completed The House took it, and the House credible partner in this endeavor, and as quickly as possible. We want to see added a few things to it. the things she has been able to its completion accelerated by 3 years, Over the last 2 months, we have had achieve—because even when we had from 2025 to 2022. If the Army Corps of the ability to work in the Senate, not agreement on many items in the Sen- Engineers will take $200 million a year in front of the cameras and not, obvi- ate, we had to go to JENNIFFER for her out of these additional resources for ously, through a series of press con- help to make sure the leadership in the the next several years, it will speed up ferences, but in the way legislation is House would be on board. The respect the construction of that dike. We are put together. The way we worked to- that House leadership has for her was going to be continuing to have sessions gether and our offices worked together, instrumental. with the Army Corps of Engineers to we were able to come out with a con- In the end, the way this is now lined try to accomplish just that. cise, unified position on the needs of up, no matter what we agreed to here, There is a long list—an exhaustive both Florida and Puerto Rico, working if we send it over there, and they don’t list—of Florida’s needs after the hurri- with the leadership of the Democratic want it, we couldn’t do it. Her ability cane, and as we see so many of our fel- Party on his side and the Republican to get the House to go along with these low U.S. citizens in Puerto Rico, you Party on ours. changes is invaluable, and I just need just can’t keep treating U.S. citizens I have to tell you, in a place where it to say that publicly. So much of this is like this. Hopefully, this is going to is very hard to get 60 percent of what due directly to her. She is the voice of

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.028 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S687 Puerto Rico in Washington. To the ex- signature crop. This has the money to been authorized, but the ability to tent these things are happening above do so. This will be an incredibly large move that forward is critical because it and beyond what would have already effort for the Secretary of Agriculture will help free up funds and time for all happened, it is, in large respect, due to to administer this, but I know I speak the other important projects in regard having her here. She is just phe- for Florida’s growers when I say this is to restoring the Everglades and pre- nomenal, and the ability to work with important work. Feeding our Nation is venting the overflow of Lake Okee- her has made this possible. important work, and I stand com- chobee, which could kill people. Senator NELSON talked about the mitted to working with the Secretary There is one project in particular, Medicaid cliff Puerto Rico faces. Last and with our commissioner of agri- the ‘‘South Atlantic Coastal Study.’’ It year, we were able to fill that gap for culture, Adam Putnam, who is aware of is a Federal project that looks at vul- 1 year. This measure does it for 2 years, this and has been instrumental in put- nerabilities of coastal areas to sea at 100 percent—called FMAP. Now, for ting together this package—really im- level rise and things of that nature. the next 2 years, Puerto Rico doesn’t portant. That is going to be a part of this be- have to worry about that. They can There is important funding for the cause ongoing in the future we will focus on other issues. Emergency Watershed Protection Pro- continue to see the threat posed by There is money in disaster relief to gram, Emergency Conservation Pro- storm surge and the like, and there is repair infrastructure and money to re- gram, rural development water and language in there modeled after a bill I pair hospitals and community health wastewater grants, Emergency Food filed that gives the Assistant Secretary centers. There is $75 million for dis- Assistance Program, funding to repair for Preparedness and Response direct placed college students who had to the Agricultural Research Service fa- hiring authority to ensure that HHS leave their school in Puerto Rico or in cilities. There are four of these dam- has the necessary emergency medical the Virgin Islands, for that matter. aged in Florida. Those are the facilities personnel to respond to another nat- There is $11 billion for CDBG–DR funds, that are going to innovate the cures we ural disaster because the hurricane which will go directly to Puerto Rico need to save Florida citrus in the long season is about 5 months away. and the Virgin Islands, including $2 bil- term. There is $60 million for community lion for repairing the electrical grid. There is money for education, par- health center repairs. There are about There is $45 million to restore the Cus- ticularly educational infrastructure re- 28 in Florida and nearly 100 in Puerto toms House in San Juan. There is pairs to help displaced students and to Rico, and $50 million for NIH for spe- money for Job Corps centers to help re- hire new teachers. This is especially cific grants and infrastructure repairs. train and get people going again, to get important. We have now seen thou- Within the topline numbers for FEMA employment functioning. sands of U.S. citizen students who have in this, there will be a total of $33 bil- There is money for Coast Guard re- come from Puerto Rico to Florida to lion for Stafford reimbursable costs, pairs. The U.S. border in the Caribbean get their education. There is money to and we are involved in ongoing discus- is Puerto Rico, so we have the Coast help higher education facilities, to re- sions with the administration, which is Guard there not only to respond to dis- build facilities that were damaged in responsible for directly coordinating asters at sea but to be able to enforce the storm. There is money to help dis- with the Governors in the States in re- law and prevent drug smuggling. If placed higher education students. gard to this, but this should be more someone smuggles drugs into Puerto There is $35 million for Project than enough to pay the unmet costs for Rico, you are in the United States. SERV, which are education-related ex- hospital repairs, medical services, et There is no Customs from that point penses for local education agencies and cetera. forward. It is so critical. higher education institutions to help A couple more points. We have a There is also help to repair clinics them recover from violent or trau- massive debris problem, particularly in that were serving women, infants, and matic events. There is $25 million to Monroe County. These canals in the children; HHS funding; transportation assist homeless students, and $650 mil- Florida Keys have refrigerators, lawn funding, particularly improvements to lion for Head Start. I will note there furniture, sunken boats, and this has the FAA and the facilities at the air- are 45 damaged Head Start facilities in money in there to help clean that up. port and the Federal highways. Every- Florida. Local governments ran out of money, thing that is important is in there. There is relief for the community and they can’t do it. This repairs Coast There is more to do. Next week, we block grant funding to the tune of $28 Guard facilities that were damaged by will have a new initiative—and I am billion, of which $16 billion will be di- the storms. not prepared to discuss it yet—in addi- rected for unmet needs and $12 billion There are funds in the amount of tion, that is separate from disaster re- for mitigation to prevent the loss of $1.65 billion for Small Business Admin- lief, to help Puerto Rico not just to re- these facilities in the future. istration loans. The National Park cover from the storm but to set itself The list goes on. There is more. We Service—I recently toured the Ever- up for long-term success, and I look will be putting out even more details. glades with Secretary Zinke—this has forward to unveiling that next week. The Army Corps has a lot of important $207.6 million for construction that will For the time being, this is perhaps projects in Florida, but there is one in include repairs to the destroyed facili- the first good news the people from particular that if we go through it, ties of the National Park Service. Puerto Rico have gotten from Wash- there is over $600 million for repairs to Funding under the Department of ington since the storm hit, and I just the operations and maintenance funds, Transportation will include $140 mil- want to say it is due to the partnership $810 million in flood control and coast- lion for Florida. That includes $8 mil- of Senator NELSON and myself but also al emergencies funding. lion for FAA facilities, $100 million just frankly the extraordinary assistance of We had Everglades restoration for Florida’s Federal Highway Admin- the leadership of my party in the Sen- projects going on in Florida that were istration, $27 million for Florida’s ate, Senator MCCONNELL, the Appro- damaged by the storm, including these Transit Administration. Finally, under priations staff, and Members on both large retaining ponds which are basi- FEMA, the Disaster Relief Fund is sides of the aisle who have all, from the cally lakes—enormous bodies of water fully funded to meet the unmet needs. very beginning, expressed a willingness that are used to clean out phosphates. This money will ensure that FEMA has to be helpful. We don’t often come to Some were overrun and flood-damaged. the resources needed to assist disaster the floor to talk about the good news This helps. survivors as well as to repair and re- of our process, but we couldn’t be more In addition, there is funding to expe- store damaged infrastructure in Flor- pleased. dite the completion of the Herbert Hoo- ida and in Puerto Rico. Senator NELSON talked about the im- ver Dike, which is critically important I hope we can get support for this. I pact on Florida. We will rapidly go to the people living in the Glades com- saw the Senator from Texas here a few through some of those. munities just south of Lake Okee- moments ago. I imagine he may speak We have come to the floor multiple chobee. This expedites that. This to this at some point. Texas also suf- times to talk about the need to help wasn’t part of the budget in the begin- fered terribly. The Virgin Islands suf- the Florida citrus industry, Florida’s ning. This is a project that has already fered. California had the fires.

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.029 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 7, 2018 I would state, it took longer than we That problem arises from what is believed the President and the admin- wanted to, but I think the people of known as the Renewable Fuel Stand- istration would stand for working-class Florida should be very pleased with the ard. voters, would stand for the working disaster relief package the Senate is The Renewable Fuel Standard estab- man, and would pull back regulations about to present and hopefully will lished through the EPA is a system that are killing jobs. pass and pass in the House. This is good called RINs. Now, most people don’t The American people will be right- news. I was grateful to be a part of it. know what a RIN is. A RIN is a renew- fully angry if we don’t fix this problem I thank my staff. They worked in- able identification number. It was because it is not just one refinery. Na- credibly hard to help advance this. We something made up by the EPA. It tionwide, experts have estimated that have been waiting for this day. We are didn’t used to exist. They created anywhere from 75,000 to 150,000 Amer- excited this day is finally here. It RINs, and they sell RINs to refineries. ican jobs are potentially at risk if U.S. makes our service here really meaning- RINs are designed to be an enforcement independent refineries go out of busi- ful when we can take our actions and mechanism for the Renewable Fuel ness—75,000 to 150,000 jobs. turn them into progress and results. Standard, but there is a problem. When My own State of Texas will be deeply This is one of the reasons I ran for re- they were first introduced, RINs sold affected if we don’t take action imme- election, when at one point I didn’t for a penny or two pennies each. The diately. Texas’s oil and gas sector em- think I would. It was to come back and EPA assured everyone they would con- ploys 315,000 people, 100,000 of whom are make a difference. Today, I know tinue to sell for 1 cent or 2 cents each, in refining and petrochemical produc- working with so many others, includ- but since then, we have seen the mar- tion. We have 29 refineries that produce ing JENNIFFER GONZA´ LEZ in the House ket for RINs break. RINs have sky- over 5.1 million barrels daily, and 22 of and Senator NELSON and our leadership rocketed in price to as high as $1.40 these 29 refineries are hurt directly by in the Senate, we are about to make a each. What does that mean? What does the artificially high RINs prices. That real difference. It makes our time here it mean for this fiat, governmentally is why this past December, Texas Gov- rewarding. I am excited to have been a created, artificial license to be selling ernor Greg Abbott wrote to the EPA part of it, and I am looking forward to at $1.40 a piece, which they hit at their asking for relief from this Federal doing more. high point? Well, it means thousands mandate. He explained that ‘‘current With that, I yield the floor. upon thousands of blue-collar union implementation of this dated federal The PRESIDING OFFICER. The Sen- jobs are at risk. mandate severely impacts Texas’ oth- ator from Iowa. This is not a hypothetical threat. erwise strong economy and jeopardizes UNANIMOUS CONSENT REQUEST—EXECUTIVE Just last month, Philadelphia Energy the employment of hundreds of thou- CALENDAR Solutions, owner of the largest refinery sands of Texans.’’ Mr. President, let me Mr. GRASSLEY. Mr. President, I ask on the east coast, announced that it underscore that. It ‘‘jeopardizes the unanimous consent that the Senate was going into bankruptcy, and they employment of hundreds of thousands proceed to executive session for the pointed the finger squarely at the bro- of Texans.’’ consideration of the following nomina- ken RIN system. In their bankruptcy If you want to know why I am fight- tion: Executive Calendar No. 387. I ask filing, they explained that ‘‘the effect ing so hard to reach a good solution, consent that the Senate vote on the of the RFS Program on the Debtors’ you need look no further than that nomination with no intervening action business is the primary driver behind statement. I am elected, like each of or debate; that if confirmed, the mo- the Debtors’ decision to seek relief the Members of this body, to represent tion to reconsider be considered made under the Bankruptcy Code.’’ my constituents—in this case, 28 mil- and laid upon the table; that the Presi- That is not a surprising statement lion Texans—and seeing hundreds of dent be immediately notified of the given what has happened in the artifi- thousands of blue-collar workers driven Senate’s action; that no further mo- cial and broken RINs market. In 2012, out of business because of a broken reg- tions be in order; and that any state- Philadelphia Energy Solutions paid ulatory system makes no sense. ments relating to the nomination be roughly $10 million for the RINs for the Well, perhaps one might think this is printed in the RECORD. licenses they needed to run their com- simply an instance of parochial dif- The PRESIDING OFFICER. Is there pany. By 2017, the Wall Street Journal ferences, of the battles between one objection? was estimating that they would pay State and another or one industry and The Senator from Texas. $300 million—that is $10 million to $300 another. Well, that is not the case be- Mr. CRUZ. Mr. President, reserving million. cause, on substance, there is a win-win the right to object, I thank my friend Mr. President, $300 million is more solution here. I want a win for blue-col- from Iowa for his continued efforts than double their total payroll. You lar refinery workers, and I want a win both on behalf of Mr. Northey and have spent many years in business. Can for Iowa corn farmers. I believe there is working to find a commonsense solu- you imagine running a business where a win for both. I believe there is a pol- tion to the issue that has thus far de- you spend more than double your pay- icy solution that will result in Iowa layed Northey’s confirmation. roll to write a check—not to buy any- corn farmers selling more corn and also The phrase ‘‘my friend’’ is used often thing, not to pay anybody, not to buy more blue-collar jobs. That should be a in this body. Sometimes it is used in a any supplies, but simply to purchase a solution that makes everybody happy. hollow manner, but in this instance, government license, so to speak? That However, there is a third player in Senator GRASSLEY is my friend. He and is crushing, and it is destroying jobs. this equation which consists of Wall I have worked together closely on a With respect to Philadelphia Energy Street speculators who are betting on great many matters, especially on the Solutions, now in bankruptcy, we are this artificial, government-created Judiciary Committee, and I have every talking about 1,100 jobs. These are market and driving up the prices. confidence that we will continue to blue-collar, working class jobs, the The important thing to realize is work together closely for many years kind that are the backbone of our econ- that when I talk about Philadelphia to come. omy, the kind that keep refineries Energy Solutions paying $300 million, On this issue, Mr. Northey could have going. that $300 million did not go to Iowa been confirmed in November. He could Ryan O’Callaghan, who heads the farmers. It didn’t go to ethanol pro- have been confirmed in January. He Steelworkers local that represents 650 ducers. It went to speculators and large could have been confirmed this month. refinery workers, said that the RFS is companies outside of Iowa. We can But that has not happened yet. It is my ‘‘a lead weight around the company.’’ reach a solution that ends the specu- hope that Mr. Northey will be con- He also said that a great many of the lating, ends the gamesmanship in this firmed. It is my hope that he will be union members supported President artificial government market, and confirmed swiftly and expeditiously, Trump in the 2016 election because of saves jobs. but the critical element for that to his promise to reform harmful regula- With respect to Mr. Northey, I will happen is for us to find a solution to a tions. Indeed, the president of that say that I don’t know Mr. Northey per- problem that is threatening tens of union demonstrated great courage in sonally, but I have heard from a num- thousands of jobs across this country. supporting President Trump because he ber of people who do. By all accounts,

VerDate Sep 11 2014 04:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.030 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S689 Mr. Northey has a good and strong rep- blessing of completing what is affec- are here to speak because I have more utation in the State of Iowa. He is a tionately known in that State as the time than they have. I know the Sen- fourth-generation farmer. He has im- Full Grassley. Now, what is the Full ator from Texas has to go. He accu- pressed many people with the job he Grassley? There are 99 counties in that rately did describe our relationship, has done as the secretary of agricul- beautiful State, and every year, the generally, in this body as Senators tural in the State of Iowa. I made clear senior Senator goes to all 99. Now, I from Iowa and from Texas. I want to from the beginning that I would have can tell you that the Full Grassley is a let everybody know that we have that been happy to have seen Mr. Northey Herculean accomplishment, rendered good relationship. confirmed in November, in December, all the more remarkable by the fact We sure disagree on this issue. I am in January, in February, and indeed I that the senior Senator does it not sorry we do. With that said, I am going have laid out how to make that hap- once but every year. Well, on election to defer to the Senator from Michigan. pen. day, I completed the Full Grassley, I want to say that she is the ranking On November 14, 2017, I wrote a letter having visited every county in the member of the Agriculture Committee to Iowa Governor Kim Reynolds laying State of Iowa. I visited with many won- and represents the farmers of Michigan out how Mr. Northey could be con- derful people, including many wonder- very well, but also, in her leadership firmed, which is namely to have the ful corn farmers whom I want to see position as former chairman of the Ag- stakeholders sit down collaboratively selling more and more corn. We can riculture Committee and now the rank- together and solve this problem in a have a solution that is a win for those ing member, she has done a great job of win-win solution that helps Iowa corn corn farmers but also doesn’t bankrupt leadership in the area of agriculture. farmers and also doesn’t bankrupt re- refineries and drive a bunch of blue- Would the Senator proceed. The PRESIDING OFFICER. The Sen- fineries and drive blue-collar workers collar workers out of work. out of business. It is important to understand, by the ator from Michigan. Ms. STABENOW. Thank you very Indeed, in December, I met with both way, that these high RINs prices don’t much for those kind words from the of the Senators from Iowa, along with benefit corn farmers at all. In fact, if senior Senator from Iowa. We have Senator TOOMEY, to discuss exactly you look at RINs prices, they are not partnered on many things together re- how we could move forward with Mr. remotely correlated to the price of Northey’s confirmation promptly, effi- lated to agriculture. corn; if anything, they are inversely I rise today to support Senator ciently, and also solve this problem. At correlated. What does that mean? It GRASSLEY and Senator ERNST in this that time, it was suggested that we means that when RINs were selling for motion. We need to fill this position bring the stakeholders together, that 1 cent and 2 cents each, corn was way with an eminently qualified person, we actually have the players in the up here, and when RINs skyrocketed to Bill Northey, right away. It is long ethanol industry actually talk with the $1.40 each, the price of corn plum- overdue. refiners and find a solution that results meted. So not only is this not bene- As the ranking member of the Senate in more corn being sold and refiners fiting Iowa corn farmers, you could Agriculture Committee, I am in strong not going out of business. We left that argue that it may even be hurting support of the nomination of Bill meeting on December 21 with a plan to them. Northey to be Under Secretary of Agri- have that meeting of stakeholders. The money that is bankrupting refin- culture for Farm and Foreign Agricul- Well, I am sorry to tell you that 48 eries and costing people their jobs is tural Services. days have passed, and that meeting not going to the farmers. So my hope is Despite historic delays in receiving still hasn’t taken place because unfor- that we reach a solution that lifts reg- nominations from the administration, tunately a handful of lobbyists rep- ulatory barriers at the EPA so that the our committee has worked swiftly on a resenting the ethanol industry have Iowa corn farmers can sell more corn bipartisan basis to put qualified leaders taken the position that they are un- in the market in response to real de- into place at the USDA. When we get willing to meet, they are unwilling to mand, not a government mandate, but qualified nominees, we move them, and speak, they are unwilling to discuss there are EPA barriers that stand in Under Secretary nominee Bill Northey anything with anybody, and appar- the way that cap the sales of ethanol. is no exception. In fact, I believe that ently, if thousands of people lose their I see no reason to artificially cap it. If he is a bright star in terms of the jobs in refineries, that is not their there is demand in the marketplace, nominees and those that will be serv- problem. Quite frankly, that is not a they should be able to sell more and ing in the USDA. reasonable position. That is not a rea- more and more corn, expand their mar- He was nominated in September of sonable or rational position. ket. But they are not benefiting from last year. Our committee quickly held Mr. Northey would have been con- crushing regulatory costs that are a hearing and reported his nomination firmed long ago had the lobbyists for driving people out of business. We can with unanimous bipartisan support to the ethanol industry been willing to reach a solution to do both. the floor on October 19. come to the table and reach a common- With respect to Mr. Northey, if and Mr. Northey is a highly qualified sense solution that would have resulted when we see the players come together nominee. He is currently serving his in more money for their industry, more in a positive way to solve this problem, third term as secretary of the Iowa De- ethanol, more corn. But their position I will more than readily lift my objec- partment of Agriculture and Land is that they are not interested in a win, tion, and I hope Mr. Northey is con- Stewardship. A farmer himself, he un- because their position has been that firmed and confirmed quickly. derstands what American agriculture they are not willing to talk. Well, I I look forward to working with Mr. needs, and has pledged to be a strong think that is unfortunate, but it is also Northey in the Department of Agri- leader for our producers. I have con- unacceptable. culture, but first, we need to stop this fidence in him. So indeed I continue to have produc- regulatory failure that is threatening Unfortunately, instead of serving our tive conversations with the President, thousands, if not hundreds of thou- farmers and ranchers at USDA, his with the EPA, with the Department of sands, of jobs. nomination has languished in partisan Agriculture, with the administration Therefore, looking to find a coopera- limbo because of an unrelated issue about finding a win-win solution, a so- tive win-win solution for everyone, I raised by a Senate Republican col- lution that is good for everyone. And if object. league not on the Agriculture Com- a handful of lobbyists refuse to come to The PRESIDING OFFICER. Objec- mittee. the table, then they should not be sur- tion is heard. I appreciate Members have various prised to see the solution proceed with- Mr. GRASSLEY. Did the Senator kinds of concerns, but it is important out them. make his formal objection? to note that Mr. Northey’s leadership We can find a good, positive solution Mr. CRUZ. Yes. is needed now on a number of issues, that benefits the farmers of Iowa, that Mr. GRASSLEY. Thank you. including the fact that he would be in sells more corn. In 2015 and 2016, I spent Normally, I would speak right after charge of disaster recovery for our a lot of time in the great State of Iowa. the Senator from Texas, but I am going farmers in Texas, Florida, and Lou- Indeed, I had the great privilege and to call on three of my colleagues who isiana, and all across the country, who

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For the bet- U.S. Department of Agriculture, or the Democrats and Republicans believe ter part of a year, I have been working USDA. that Bill Northey is a leader, and he is with the leaders of the Appropriations I have known Bill Northey for nearly being held hostage over an unrelated Committee, Senator COCHRAN and Sen- a decade and, to be honest, probably a issue. Bill Northey’s nomination has ator LEAHY, to fix a few pieces of the little more than a decade. He is a great become entangled in an unrelated pol- 2014 farm bill that didn’t quite work as friend. He is a great Iowan. Most im- icy dispute. I am very disappointed. we intended them—the dairy and cot- portantly, he is a tenacious advocate Bill Northey is an upstanding man, ton safety net provisions. and a true voice for agriculture and our someone we desperately need to serve I do want to indicate, while I am on rural communities. He has worked in in our government. We truly want to the floor, that the Senate budget agricultural policy at nearly every drain the swamp. Bill Northey is ex- agreement contains significant im- level of government. actly who we need. He is that everyday provements for both commodities, in- At a time when we need to tackle American fighting for agriculture. We cluding more than $1 billion in support many critical agricultural priorities, need him desperately. We may not be for our struggling dairy farmers. These including the farm bill, which the able to have him serve in our govern- much needed improvements set us up ranking member just mentioned—that ment because this policy dispute has to continue our bipartisan work to farm bill was last authorized 2 years led to a hold on his nomination. write the next farm bill that needs to ago, in late 2014—at a time when the Bill Northey is extremely qualified. be done this year. I look forward to President is rightly focusing on eco- He has the experience and the reputa- working with our chairman, Senator nomic development and strengthening tion. Most importantly, he has the ROBERTS, as well as our two distin- rural America, and at a time when our voice and the heart for American agri- guished Members from Iowa, on cre- government is focused on streamlining culture. I am asking for a quick vote ating the kind of farm bill that we need and reducing the burdens of environ- and confirmation of this well-re- for our farmers and ranchers and fami- mental regulations, we must have lead- spected, beloved Iowan so that we can lies. ership in this position—as I mentioned, get him in place and work on matters Unfortunately, though, when politics the Under Secretary for Farm Produc- that truly are important not just to get in the way, our farmers and our tion and Conservation at USDA. We Iowans and the Midwest but to all of ranchers lose. So I am hopeful that we must have leadership there that truly America. can resolve whatever issues or at least gets the real underlying concerns and Let’s free Bill. Let’s free Bill, folks. move them to a different debate, rather priorities of America’s farmers and Let’s confirm Bill Northey. than focusing them on this nominee ranchers. We need them addressed. Bill Thank you, Mr. President. who is very much needed. His leader- Northey is exactly the person to do The PRESIDING OFFICER (Mr. LEE). ship is needed right now at the USDA. that. The Senator from Minnesota. He has strong bipartisan support. When I think about the importance Ms. KLOBUCHAR. Mr. President, I I think it is very unfortunate that appreciate the remarks of my col- his nomination has gotten caught up in of getting someone like Bill Northey in leagues Senator ERNST, Ranking Mem- another issue. I am hopeful that we this position, I reflect on the young ber STABENOW, and, of course, Senator could ask our Senate colleague to farmer who is looking to begin a farm- GRASSLEY. Senators GRASSLEY and choose to address that in another way ing operation in rural Iowa to feed his or her family, grow a business, and cul- ERNST have been such leaders on ag without getting in the way of critical issues in their State. leadership on disaster assistance and tivate a legacy in their own commu- nity, all while low commodity prices I come to join Senator GRASSLEY, not conservation and critical issues on only from the other side of the aisle which the USDA needs to have his have pinched margins and extreme weather has decimated our crops. That but also, as far as Iowa and Minnesota leadership. are concerned, across the border. Our Mr. Northey has strong, bipartisan young farmer needs Washington to get States have rivalries in football and support and should be advanced quick- out of the way and give them an oppor- many other things, but one thing we ly. We need his leadership skills. I am tunity to thrive. always agree on is having strong people going to continue to do everything I Bill Northey is the right guy to work to be the voice of agriculture at the can to work with my colleagues to be these issues. He knows his role in Washington will not be to empower a USDA. able to make sure he has the oppor- I supported Secretary Perdue when tunity to serve farmers and ranchers as faceless bureaucracy but to make Washington work for its people and President Trump nominated him, and I part of the USDA leadership. believe he needs a team to be able to do Thank you, Mr. President. give the agriculture industry the tools The PRESIDING OFFICER. The Sen- it needs to prosper. Bill Northey is that the complicated work of agriculture. ator from Iowa. average, everyday Iowan who cares At a time when we have seen difficulty Mrs. ERNST. Mr. President, I would about agriculture and its future. in everything from the dairy industry like to thank the ranking member of Senate Agriculture Committee to cotton, to issues with prices for so the Agriculture Committee for joining Chairman ROBERTS and Ranking Mem- many of our commodities, to just only us here on the floor today. I appreciate ber STABENOW have made it abundantly a few years ago the avian flu that was her great bipartisan work on the Agri- clear that they have no objection to such a threat to the poultry industry culture Committee. Mr. Northey, as both indicated in a in Minnesota and Iowa, the thought I am pleased to be a member of that joint statement that said in part: ‘‘Bill that we wouldn’t have an Under Sec- committee. It is truly one of those Northey is a qualified and respected retary in place for farm production and committees where we set aside any po- public servant who knows agriculture conservation—such an important part litical differences. We actually work firsthand, and he will serve rural of the work of the USDA right now—is for the good of our Agricultural Com- America well at USDA.’’ just unbelievable to me. mittee, our ranchers, and our farmers, The ranking member joined us ear- As the nominee for Under Secretary regardless of the State they come from. lier, and she went a step further by in this area, Mr. Northey would be We truly do work together to feed and saying to Bill: tasked with guiding some of the fuel a nation. I know that you are a farmer. You under- USDA’s most important agencies that Thank you very much for joining us stand these challenges, and know that our interact with farmers and ranchers on today, I say to the ranking member. farmers need leaders that will speak up for a daily basis, including the Farm Serv- I wish to thank my senior Senator them when their voices are not being heard. ice Agency—which is so important to from Iowa, as well. He was voted out of the Ag Com- my farmers when they have questions I am rising today to join my col- mittee unanimously. Let me state that about how they are supposed to sign up league Senator CHUCK GRASSLEY and again. He was voted out of the Ag Com- for things and complex programs; they

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.034 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S691 are small farmers trying to do their through—just like this nominee—the issue and why he thinks that is a solu- job, and they need that Farm Service Foreign Relations Committee without tion to it and why I feel it is not a solu- Agency—the Natural Resources Con- objection. Yet Senator CRUZ was con- tion to it. servation Service, and the Risk Man- cerned about the naming of a street in First of all, my colleague from Texas agement Agency. front of the Embassy of China, which said there is a problem with Wall As we prepare to write and pass a bi- was completely unrelated. Street speculators. I don’t know partisan farm bill, Mr. Northey’s tech- So while I appreciate his rep- whether that happens every day, but it nical and legal assistance from the resenting interest in his State, and I happens sometimes, and it is some- USDA is going to be critical. The ab- appreciate the fact that we have to thing that should be taken care of. I sence of an Under Secretary for this have legitimate debates about energy recognized that back in November of critical mission area also has a domino and energy policy, I just don’t believe 2013, when I wrote a letter on that very effect that is leaving important USDA you should be holding qualified nomi- subject urging the regulators to take a agencies without leadership and with- nees hostage. position on that. out guidance. This is not good govern- In the case of the Ambassadors to I think greater transparency of this ance. Norway and Sweden, we were ulti- whole market would be very good as Secretary Perdue picked him because mately triumphant because people well. I think that is a possibility. That he was someone who had served as a from the Republican side of the aisle is something the Senator and I have State agriculture commissioner. As and the Democratic side of the aisle discussed as being very helpful, the Senator ERNST has pointed out, he is came together and said: Enough is EPA putting out regulations on vapor not someone who has lived inside the enough. We need people who are quali- so we could get more ethanol in the beltway his whole life. This is someone fied to fill these important positions in percentage of E15. who knows a State that has a lot of ag. our government. I would say his idea of putting caps When he came before the Senate Ag- That is exactly what is happening on RINs will not work because when riculture Committee last October, I again. This is a qualified nominee, and you do that, you are getting—the mar- had the opportunity to question him the Senate should not be a place where ketplace isn’t working. I suppose I am about his priorities for the USDA. He someone with his qualifications should a little surprised that a free market has spent his entire life in agriculture. be blocked for an important position person like Senator CRUZ would sug- He knows farmers, he knows rural just as we are considering the farm gest the government step in and cap economy, and he knows what is needed. bill, just as we are dealing with dis- that. Also, I would like to speak to the I appreciated the fact that he hon- aster recovery all over the Nation, in- point that in November of last year, estly answered questions about the re- cluding in places like Texas and Flor- 2017, as an agency, the EPA itself said newable fuel standard. He sees it, as I ida. I just don’t believe in this the RINs market was working, which do in Minnesota, as a homegrown eco- scorched-earth policy. I believe, as we puts the Agency in a little bit different nomic generator. do on the Agriculture Committee, in position than where we think Mr. Pru- We are a State that is right next door working things out. We work things itt, the Administrator of EPA, is com- to North Dakota. We appreciate their out. We may have differences of opin- ing from. ethanol and their oil industries. These ion, but we let people fill an important So, with that in mind, I am going to are part and parcel of Minnesota and position like this. go to my remarks right now and ex- our country’s energy. That being said, I am glad our colleague from Texas press that it is very unfortunate that we see biofuel as an economic gener- has remained through this discussion, there is an objection to advancing ator. We want to make sure we are with his friend from the Midwest, and President Trump’s nomination of Iowa keeping strong industries alive so the we just hope some of that Midwestern secretary of agriculture Bill Northey farmers and the workers of the Mid- common sense will come his way. Like to be Under Secretary at the Depart- west are taking part in energy just as Senator GRASSLEY, I visit every county ment of Agriculture all because of un- much as the oil industries in the Mid- in Minnesota every year—all 87 coun- related concerns over the renewable east. ties—and I can tell you that when I fuel standard, which is a law passed by The final rule for 2018 and 2019 that want to hear what the farmers think, I Congress and obviously administered went through two administrations kept listen to Senator GRASSLEY, but, most by the EPA. volume requirements for ethanol importantly, I listen to the people in I am very disappointed that a highly steady and made some improvement in my State. They want to have a USDA qualified and honorable man like Bill blend targets of advanced biofuels. The that is functioning and working and Northey is being held up for an issue final rule was a declarative statement ready for all the issues we are con- unrelated to his position. As you heard by the administration that renewable fronting right now in agriculture and my colleague say, Secretary Northey fuels are simply an important part of the United States. enjoyed unanimous support from the our transportation fuel supply and an Thank you very much. Senate Agriculture Committee and has important part of our economy, but I yield the floor. the support of numerous agriculture that is not what this is about. The PRESIDING OFFICER. The Sen- groups from around the country. Our friend from Texas, Senator CRUZ, ator from Iowa. Now I will get to the RINs issue and has decided to hold up the nomination Mr. GRASSLEY. Mr. President, I my feeling that this is not a legitimate of someone who has done nothing but thank my colleague who spoke very reason for either holding up this nomi- serve our country and serve the State highly of the qualifications of Mr. nation for the bankruptcy that has of Iowa as the agriculture secretary Northey to be Under Secretary at the been referred to or for any other refin- there—the agriculture commissioner— Department of Agriculture. I may say ery that has trouble. with merit. just a little bit about his qualifica- I think it is a manufactured and I don’t believe we should be holding tions, but I want to spend most of my baseless rumor that the RFS, the re- nominees hostage. It is not something time expressing my thoughts to my newable fuel standard, has caused an I have done as a Senator. Senator CRUZ colleagues in the Senate, and to Sen- oil refinery in Pennsylvania to file for and I have debated this in the past ator CRUZ primarily, on what I think bankruptcy. This example has been when he held up the Ambassadors to about the argument over RINs being an cited repeatedly as a justification for Norway and Sweden—two Ambassador impediment to some refineries oper- forcing the renewable fuel standard positions that were very important to ating efficiently, going into bank- supporters to agree to sudden and dras- Iowa and Minnesota because of our ruptcy, or other problems they have. tic changes in how the renewable fuel Scandinavian populations, and yet we Senator CRUZ has said there are some standard was designed. went for years without Ambassadors to things that could be put together to I have been trying to work in good those really important allied countries. help this situation. I will name three of faith with the Senator from Texas and We went for years with two qualified them that I think would work, and have offered several options—some of people who could have taken over a then I will say why I disagree with the them I have just expressed here in my year before, who had unanimously gone Senator from Texas about the RINs off-the-cuff remarks—that would result

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.036 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 7, 2018 in lower prices on the RINs issue. As The RFS was created to bring cleaner lief might lead to a ‘‘Lehman-like moment’’ has been said, that stands for renew- burning renewable fuels to consumers. that could completely halt RINs’ trading, able identification number. That is The RINs system was developed as a plunge the value of accumulated RINs to what we call the compliance credits— near zero and bring about pure chaos. flexible system that would allow obli- PES’ owners blame the U.S. renewable to make sure the refineries use the gated parties to choose between invest- fuels’ standard for their woes, but Verleger right amount of ethanol to meet the ing in blending infrastructure or buy- disagrees. Failure came about because the renewable fuel standard. ing RINs for Renewable Fuel Standard refinery complex is out of date and it is a However, I keep being told by the compliance. The Philadelphia refinery merchant refinery with no downstream out- Senator from Texas that I need to ac- made the decision to buy RINs instead. lets. It also operates in a region where flat cept a proposal for a guaranteed cap on That hasn’t worked out very well for demand is a victory and decelerating demand RIN prices in the short term to save that refinery apparently, but that was a probability. Financially solvent and tech- this Philadelphia refinery. Unfortu- nologically advanced companies can operate the bet that refinery made. A cheaper under these circumstances, but the noted oil nately for those who are spreading the option for Renewable Fuel Standard rumors that the problems the Philadel- economist finds no evidence that critical in- compliance exists, and the Philadel- vestments were made PES in the refinery. phia refinery has are due to high RIN phia refinery chose to pursue other in- The PES bankruptcy filing took place on prices, from my point of view—and I vestments. Jan. 22, and the RINs’ cost of $217 million hope I backed this up in a paper that None of this has anything to do with was the largest expense other than crude oil we have widely disseminated within President Trump’s choice to oversee costs. When the Trump administration re- the last week—the facts don’t add up farm programs at the U.S. Department affirmed the government’s commitment to the RFS in the autumn, it dealt a blow to very well for the people making the ar- of Agriculture. gument that RIN prices are the prob- merchant refiners and other processors who Bill Northey should be confirmed by hoped to shift the compliance burden to oth- lem. this body. He has overwhelming bipar- My staff and other analysts have ers. PES CEO Gregory Gatta told the Phila- tisan support. Taking a nominee hos- read the SEC filings and the bank- delphia Inquirer: ‘‘It is unfortunate that the tage to try to force an ill-conceived company was driven to this result by the ruptcy filings of the refinery in ques- policy change is only going to cause failed RFS policy and excessive RIN costs.’’ tion and have come to the conclusion more problems for this body in the fu- He added that the company ‘‘can only hope that the Philadelphia refinery cannot ture. that our filing . . . will provide the nec- pin its problems on the renewable fuel I don’t know what the next step is, essary catalyst for meaningful long-term re- standard. The No. 1 problem the Phila- form of the RFS program.’’ but I think that Bill Northey is such a delphia refinery has faced is the result In contrast, Verleger notes that good person for this position, I am of the petroleum export ban being lift- megarefiner Valero reported net income of going to continue to work as long as he ed, which cost it access to cheaper $4.1 billion for the year and saw a quarterly wants me to work for his nomination profit of $509 million excluding the Trump feedstocks. Another reason, and the to proceed. tax cut benefits. Expense for RINs was $311 second biggest problem it has, is that a Before I yield the floor, I ask unani- million in the fourth quarter, but the com- pipeline opened which diverted rail mous consent to have printed in the pany invested $2.4 billion, with half of it shipment of Bakken crude oil away going to ‘‘growth projects.’’ RECORD an article on this issue of the from the east coast because of the pipe- Some of those past investments have in- Philadelphia refinery. line sending it someplace else, obvi- cluded logistical additions and refinery There being no objection, the mate- ously raising the price of the feedstock tweaks so that properties could run heavily rial was ordered to be printed in the to the Philadelphia refinery. discounted Canadian crude. RECORD, as follows: ‘‘Valero invested. Canadian producers have We keep being told the refinery is not. And clearly, PES has not,’’ notes facing hardship because it cannot af- [From Oil Price Information Service (OPIS), Feb. 6, 2018] Verleger. ford to buy enough RINs to comply He backdates the lack of investment for (By Tom Kloza) with the renewable fuel standard. If several decades. Some 35 years ago, the that is the case, then why did this VERLEGER: PES BANKRUPTCY JUDGE COULD Washington Post acknowledged that the re- Philadelphia refinery sell off a signifi- INFLICT LEHMAN-LIKE MOMENT finery owner at the time (Sun Oil, and then cant quantity of RINs just last fall? Noted oil economist Phil Verleger has read Sunoco) bucked the trend toward expensive That is quite odd, considering the com- the Philadelphia Energy Solutions (PES) refinery upgrades in favor of keeping a light bankruptcy filing and makes no bones about sweet more expensive feedstock dependence. pany needs to turn them in later this his verdict. The company is scapegoating the That luck ran out for Sunoco, but PES had month for compliance with the renew- Renewable Fuel Standard for its financial a run of several years during which it could able fuel standard. woes, Verleger says, instead of properly at- bring inexpensive landlocked U.S. crude to Some have said it is executing a mar- tributing the demise of the 330,000-b/d refin- Philadelphia, thanks to the U.S. export ban. ket short on RINs, which is dependent ery to the end of the long-time crude oil ex- An investment was made in a $186 million on some sort of Federal action that port ban, antiquated equipment and a lack of rail-unloading facility, but refineries were will suddenly drive down the cost of investment that kept the plant competitive not upgraded. Nowadays, Bakken crude RINs. I would point out that shorting with other northeastern refineries. trades within a few dollars of WTI, so ship- the RIN market is something Carl But most importantly, Verleger sees a pos- ping the North Dakota crude to the East sibility that the bankruptcy judge just Coast doesn’t make economic sense. Icahn is reportedly being investigated might render a decision that could wreak In contrast, Delta Air Lines bought the for by Federal investigators. I hope havoc with the RFS and throw the RINs closed ConocoPhillips refinery in Trainer, that the Philadelphia refinery is not market into utter chaos. Bankruptcy papers Pa., in 2012, renamed it Monroe Energy and trying to follow that same playbook. I clearly indicate that PES would like to get upgraded the refinery to meet tougher U.S. certainly want nothing to do with that its RIN obligation discharged in the reorga- specifications. In 2016, some $70 million was kind of chicanery. nization. If not, the company would have to invested so that the plant could produce the Finally, the Philadelphia refinery purchase and retire RINs with an aggregate lower-sulfur gasoline required by EPA. could have avoided needing to buy any market value of approximately $350 million PES hoped to make investments in the re- RINs at all if it had just invested in at current market prices before a compliance finery from funds from a proposed IPO, but deadline this spring. It would also need to investors balked at terms. There was no IPO blending infrastructure years ago like buy about 550 million 2018 vintage RINs. A and no investment. many of its fellow merchant refineries buyer of that quantity under current cir- The end of the export ban on U.S. crude did. In fact, the Philadelphia refinery cumstances might lead to a quick doubling combined with the completion of the Dakota is partly owned by Sunoco, which owns of the renewable credit asking prices. Access Pipeline eliminated PES’ access to blending infrastructure. But if a bankruptcy judge allows cancella- favorably priced crudes. PES had a favorable We also know that refinery has an ar- tion of the RINs’ obligation, any credibility position only so long as the export ban was rangement whereby it supplies ethanol associated with the RFS program might be in effect, notes Verleger. with RINs attached to Sunoco for thrown out the window. The refinery isn’t just dependent on expen- There is a legal obligation to blend ethanol sive light sweet crude. It also produces about blending with its gasoline. Other inde- and other biocomponents into transportation 12% of low valued industrial products that pendent refiners with similar arrange- fuels and the EPA might have great dif- ultimately fetch prices beneath crude costs. ments have an agreement to return the ficulty administering the program, even It is much less competitive than nearby RINs to the refiner once they are de- though the agency has been an advocate. A PBF, which boasts about double the PES tached. court decision granting PES’ request for re- margins.

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.037 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S693 ‘‘The owners (of PES) gambled that the lost that election. This is not a fight in more corn being sold, more Iowa large discount of U.S. crude to world prices about ending the RFS. The current ad- corn being sold, more ethanol being would continue enabling the refinery to con- ministration is committed to con- sold. The ethanol lobbyists are so un- tinue earning profits.’’ reasonable, they don’t want to win and Verleger concludes that PES lost the gam- tinuing the RFS. That is the preroga- ble and the growth of U.S. crude exports has tive of this administration. This is in- they don’t want to provide any relief made it impractical and unprofitable to stead a search for a solution that for thousands of blue-collar workers move Midcontinent crude to East Coast would save tens of thousands, if not being thrown out of work. That is not sweet refineries. hundreds of thousands of jobs. a reasonable solution. Verleger acknowledges that the RIN mar- The senior Senator from Iowa said: I hope Mr. Northey will be confirmed. ket isn’t a particularly efficient market, Gosh, it is not a free-market solution Indeed, I hope he is confirmed soon. He with inequities incurred by small marketers to cap the price of RINs. Well, if RINs could be confirmed as soon as next who don’t get RIN discounts passed along. were an actual commodity that existed week. In November, I laid out a very Distortions can create an unequal playing clear path to Mr. Northey being con- field. But finding the source of the problems in the real world, I would agree with is a difficult task, with possible flaws includ- that. I wouldn’t support capping the firmed. In December, I laid out a very ing hoarding by large traders in the credits. price of corn or the price of gasoline or clear path to Mr. Northey being con- But he suggests that rather than declaring the price of widgets or anything else firmed. The people blocking Mr. amnesty on RIN obligations, a more appro- that people were making. But RINs are Northey’s confirmation are the ethanol priate decision might be to scrap the refin- an artificial, made-up government fix. lobbyists who have said: We are unwill- ery, which was once headed for closure ear- They don’t exist. No one manufactures ing to have a win/win solution. The an- lier in the decade. Part-owner Carlyle Group a RIN. It is a government ID number. swer is, let thousands of people lose gambled with its own money (and some gov- their jobs even though doing so doesn’t ernment funds) that it could profitably rail And it worked initially when they were crude to Philadelphia and make money. In- trading at 1 and 2 cents apiece. But benefit Iowa corn farmers at all. That stead, the export ban was lifted, dooming when it skyrocketed, going all the way doesn’t make any sense. that flawed strategy. up to $1.40 each—it is now threatening Here is a ray of sunshine, a ray of Mr. GRASSLEY. Mr. President, I thousands upon thousands of blue-col- hope. I believe the administration is yield the floor. lar jobs. going to do the right thing. I believe The PRESIDING OFFICER. The Sen- The Senator from Iowa suggested the President wants to see a win/win ator from Texas. that RINs are not the cause of the solution—a solution that is good for Mr. CRUZ. Mr. President, a few ob- bankruptcy of the Philadelphia Energy Iowa corn farmers. I want to see Iowa servations about the colloquy that has Solutions refinery. Well, I would note corn farmers sell more corn, a solution occurred. that the explicit text of the bank- that results in Mr. Northey being con- No. 1, we had two friends of ours from ruptcy filing is to the contrary. Indeed, firmed, and a solution that doesn’t the Democratic side of the aisle who this is a quote from their bankruptcy bankrupt refineries and cost a bunch of spoke energetically in support of this filing: ‘‘The effect of the RFS Program blue-collar union members their jobs. nomination, but I found it striking on the Debtor’s business is the primary That is a win for everybody. I believe that our Democratic friends had noth- driver behind the Debtor’s decision to that is where the President and the ad- ing to say to the union members who seek relief under the Bankruptcy ministration want to go, and I think are faced with the risk of losing their Code.’’ It does not say ‘‘is a factor’’ or that is where we will end up. I am hopeful we will arrive on that solution, jobs. Senate Democrats often portray ‘‘is a problem’’ but ‘‘is the primary which is consistent with the respon- themselves as friends of organized driver.’’ That is what they wrote in labor, friends of union members. Yet it sibilities of all of us. their bankruptcy papers. With that, I yield the floor. was striking that when they came to None of the Senators who spoke dis- The PRESIDING OFFICER. The Sen- the floor, they had no answer to union puted that for that refinery, the price ator from Iowa. members in Philadelphia being told of RINs went from $10 million in 2012 to Mr. GRASSLEY. Mr. President, I just they are at risk of being unemployed $300 million in 2017. That is unreason- need 1 minute because all of my col- because of a broken regulatory system. able. That is broken. leagues are waiting to speak now. Instead, it is a conservative Republican The junior Senator from Iowa talked For the benefit of the Senator from Texan who is fighting for the jobs of about the need to pull back job-killing Texas, I wish to just say one thing. I those union members. regulations. Well, there is a job-killing don’t question that he accurately I would also note that my efforts in regulation that we need to pull back. quoted the union leader at the Phila- this are not alone. Indeed, in Decem- This is a very important thing for delphia refinery, but I also, maybe ber, I brought 12 Senators—12 Members those following this debate to under- within the last 2 weeks, read a state- of this body—to the White House to stand: That $300 million—do you know ment by the so-called president—and I meet with the President, working to how much of it goes to Iowa farmers? believe it is the same person whom we find a solution to this problem. Those Zero. They are not getting that money. are talking about—that RINs were not Senators included Senator CORNYN, Instead, it is going to speculators and an issue. Senator CASSIDY, Senator KENNEDY, large—many foreign—integrated oil The other thing that I would add just Senator ENZI, Senator BARRASSO, Sen- companies. It is an odd thing to see for clarification of what the Senator ator LEE, Senator TOOMEY, Senator lobbyists for ethanol companies fight- said, that nobody has offered any re- INHOFE, and Senator LANKFORD. Those ing for the profits of giant overseas oil lief, I have offered to make two offers. are Senators from a wide geographic companies. That doesn’t make any One of them would be the Reid vapor array, all facing significant job losses, sense. pressure thing, the issue connected potentially, and all interested in a Unfortunately, the position of the with E15—that could be done by a regu- positive solution to this problem. ethanol lobbyists has been: We are un- lation out of EPA—and also trans- In the remarks we just heard on the willing to speak. We are unwilling to parency to make sure the markets Senate floor, none of the Senators pro- talk. We are unwilling to meet with work. posed any relief to the potentially hun- anyone on the refinery side. We are un- I thank the Senator from Texas for dreds of thousands of blue-collar work- willing to defend our position. We will his consideration of my effort to get ers being driven out of work by a bro- not attend the meeting. Secretary Northey confirmed. I am ken regulatory system—no relief what- We have repeatedly extended that in- sorry that he has objected, but that is soever. Indeed, none of the Senators vitation to them, and they have said the way the Senate can work and will disputed the fact that the RFS worked no. That is blatantly unreasonable. Do work, and we will have to keep work- and worked just fine when RINs were you know whom the ethanol lobbyists ing to get Secretary Northey con- selling for a penny. are serving the least? Corn farmers. firmed. This debate is not about the RFS— Repeatedly in the course of this nego- I thank my colleagues for their pa- should we continue it or not. When I tiation, I have sought to put on the tience. was a candidate for President, I cam- table policy options that would be a The PRESIDING OFFICER. The Sen- paigned on ending it. I didn’t win. I win for corn farmers, that would result ator from Delaware.

VerDate Sep 11 2014 04:49 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.001 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 7, 2018 Mr. CARPER. Mr. President, I don’t sion in order to get them involved to who are currently allowed to work here le- want to get in the way of a disagree- say: How do we make this RINs market gally but are at risk of losing that status. ment between two of my colleagues on less volatile? How do we bring down [This] includes the Dreamers, some 690,000 young people brought here illegally as chil- the other side of the aisle. I would just the price of RINs? How do we enable us dren, through no fault of their own. These say to Senator GRASSLEY that there to do both, for our ag community and hard-working individuals contribute their was a hearing today before the Envi- farmers to feed us, as a nation and a talents to our economy in integral ways, and ronment and Public Works Committee, world, and also to fuel us? we’ll lose them if Congress doesn’t act early on which I serve as the senior Demo- DACA this year. crat. The subject of the Renewable Mr. President, I am really here to ap- A lot of times we talk about what is Fuel Standard actually came up in the plaud the work of a number of our col- the morally right thing to do. Some- discussion. We had a number of folks leagues—Senator DURBIN, who is on the times we talk about what is economi- from the agriculture community from floor, and Senator GRAHAM—for the cally smart for our economy. We just across the country—one, the current great leadership they have provided to got the jobs report for our country for secretary of agriculture from the State make sure that, at the end of the day, the month of January about a week of Delaware. We talked about the Re- we do the morally right thing—to ago, and the jobs report is encouraging. newal Fuel Standard and its effect on make sure that we don’t send away The longest running economic expan- the economy. 700,000 or 800,000 or more people who sion in our country began, I think, in One of the reasons we encourage were born in other countries but who the first year of the Obama-Biden ad- farms through our Federal Government were brought here by their parents at ministration. We are now into our eighth or maybe our ninth year. policies—the reason we encourage very young ages, grew up here, were One of the keys to maintaining an farmers to raise, say, corn is that we educated here, are working here, and can use it, and we frankly use a lot of ongoing economic expansion is to are making a contribution here. Why make sure we have a workforce that is other substances that they raise to cre- does it make sense to send them home? ate energy, to fuel us. Not only can our able, trained, and educated and with Discover, one of the companies the work ethic and the skills needed to farmers feed us, they can also fuel us. headquartered in Illinois—a State that This really got underway with the fill the jobs we have in this country. Senator DURBIN has represented for as When the jobs report came out last George W. Bush administration trying long as I have been privileged to rep- Friday from the Department of Labor to do a better job of getting farmers in- resent Delaware—has operations in my for the month of January, they re- volved to reduce our dependence on for- State as well. They sent a letter that ported an unemployment rate for the eign oil by creating biofuels, advanced basically says: country at about 4.1 percent. We are es- biofuels, ethanol, and corn ethanol. One of the basic tenets of our culture is to sentially at full employment. There I will mention one of the things we ‘‘Do the Right Thing’’—and we urge Congress were about 2 million to 3 million jobs talked about today, and then I will to do the same, without delay . . . We are last month that went unfilled. Nobody talk about what I am really supposed proud to count Dreamers as part of the Dis- showed up to do those jobs, in some to be here to talk about, which is cover community and believe they should cases because folks applying for those DREAMers and the economic security have the ability to continue pursuing their American dreams. jobs didn’t have the education, the of this country. skills, the work ethic, or the willing- In the State of Delaware, we have Every now and then we have the op- ness to do those jobs, or maybe there only three counties: New Castle Coun- portunity to do something right and was the inability to pass a drug test. ty, Kent County, and Sussex County, beneficial. Some have heard the say- What those people can do is to enable a the third largest county in America. I ing: It is possible to do good and do lot of companies in our country to be think we raise more chickens there well. With respect to Dreamers, I think successful. than any county in America. The last it is possible to do good and do well. There is something I call economic time I checked, we raise more soybeans These are logos of about 100 compa- insanity. We can talk all we want there. We raise more lima beans there. nies—large and small, from coast to about what is the morally right thing Agriculture is a big deal for us. We also coast, from north and south, east and to do with respect to the Dreamers. I have great beaches in Delaware. We west—that believe it is in their best in- think we ought to think about what is have Rehoboth Beach, Dewey Beach, terests as employers to have a strong, in our naked self-interest as a country Bethany Beach, and others. And there capable, able, educated workforce, with an eye on our economy. We are are a lot of interesting people who live where people come to work and will not going to always have an economic close to the beach and not so close to work a day’s work for a day’s pay, will expansion, but we want to keep it the beach in Sussex County, so there is make a contribution, and will enable going for as long as we can and have pressure from development. Sometimes the company to be successful. They are smart policies. One of the smart poli- we have the interests of farmers and companies on the east coast, on west cies is to make sure we have the right that community coming up against the coast, in the north, and in the south. workers, who show up and do the work interests of developers. They are all over the place. Some are that needs to be done in the workplace. One of the ways we decided to ensure big; some are small. As it turns out, there is an impact that we still have farmland and don’t These companies have shared with that Dreamers have collectively on the overdevelop our counties and our State me—and I have shared with others on annual GDP loss for the U.S. if we is to make sure that farmers can make both sides of the aisle—that they think don’t pass the Dream Act, authored by money and support themselves. One of the morally right thing to do with re- Senators DURBIN and GRAHAM and the ways they can do that is through spect to Dreamers is to say: You came sponsored by a number of Democrats the ability to not only feed us with the here not of your own volition. You and Republicans. The annual GDP loss commodities they raise but also to fuel were brought and raised here by your for the United States over 10 years if us. parents and now you are making a con- we don’t pass the DREAM Act by There is something called RINs, or tribution. March 5 is $460 billion. renewable identification numbers, a Again, over 100 companies are listed Just in Delaware alone, we have 1,400 commodity traded on the market. The here, and these companies want their Dreamers. The impact on GDP in Dela- value of the RINs should literally be employees to be able to stay and con- ware if Congress doesn’t pass the measured in pennies. Over the last year tinue making a contribution. Dream Act by March 5—in a tiny little or so, it has been measured in more Here we have a comment from the State—is $88 million. That is an eye- than a dollar for RINs. The refinery U.S. Chamber of Commerce. These are popping number. It is in our naked self- that has been discussed, which is up in the words of Tom Donahue, president interest to find a path forward to make Philadelphia, spent a lot of money on of the U.S. Chamber of Commerce, who sure these folks don’t head back to the purchasing RINs in the last year or so. is very vocal on this subject: country where they were born years That shouldn’t be the case. Our com- A great place to reform our immigration ago and maybe start their own busi- mittee has been reaching out to the system to meet the needs of our economy is nesses and compete with us rather than Commodity Futures Trading Commis- by retaining the over 1 million individuals be productive citizens here.

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.040 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S695 This is a commentary from the Cen- rible. But there are some pretty bad that when the Mayflower landed and ter for American Entrepreneurship, jobs out there. they got off the boats, a lot of them from earlier this year. The message I could tell you my worst job. I was looked over their shoulders and said: I that we received said: working my way through college in hope no more of these folks are com- The reduction in immigration mandated by what we euphemistically call a pack- ing. the RAISE Act— inghouse. In the old days, they called But they kept coming. They came in That is the administration’s broad them slaughterhouses. What happened the thousands, even in the millions, policy on immigration reform, which was that hogs came off the truck in from all over the world, anxious to be the administration has proposed— one door, and two days later pork a part of the future of the United would reduce economic growth by two to chops and bacon went out the back States of America. three tenths of a percentage point every year door. In between, there were some pret- A ship landed in Baltimore in July of over the next decade. ty awful jobs—hot, dirty, smelly, and 1911, and a woman came down the Now, that doesn’t sound like a lot, dangerous jobs. gangplank with three kids. She was does it, to reduce it every year by 0.2 to I took it as a college student because coming from Lithuania. She landed in 0.3 percentage points for the next dec- it paid $3.65 an hour in the 1960s—pret- Baltimore with those three kids—one ade? So that would be a reduction in ty darned good, in fact, better than of them a 2-year-old girl she was hold- economic growth in our country over anything else I could find. I raised ing in her arms—and tried to find her the next 10 years. enough money working there four dif- way around Baltimore, MD, because Right now we are doing pretty well. ferent summers to go to college. There she didn’t speak English. As I said, we are in the eighth or ninth was never any doubt at the end of the Somehow or another she found that year of the longest running economic summer that I was going to stay with train station, got on the Baltimore and expansion in the history of our coun- my job and not go to college. I couldn’t Ohio Railroad, and somehow or another try. Right now we are doing pretty wait to go to college in the hopes that she made it to East St. Louis, IL—her well. The stock market has been up I would never have to work in a pack- idea of a land of opportunity in 1911. and down, kind of crazy and haywire. inghouse or slaughterhouse again in There she was reunited with her hus- But we can’t afford to do this. We my life. band, and there she made a life—a would be foolish to throw away 2 or 3 Take a look today at the packing- hard, challenging life but one that led percentage points of economic growth houses, slaughterhouses, and poultry to good things. The 2-year-old girl she over the next decade. That would be processing places across the United was carrying was my mother, and my crazy. It means slower growth, fewer States of America, and I will tell you, mother was an immigrant to this coun- jobs, less opportunity, and stagnant almost without exception, what you try. In my office upstairs behind my wages—none of which benefits our peo- will find. Take a look at the workers desk is my mother’s naturalization cer- ple or our country. who come out of those places at the tificate. I keep it there to remind my- We don’t have to make a foolish deci- end of the workday. They are tired, self and everyone visiting who I am, sion like the administration’s proposal they are sweaty, and they are dirty, my family’s story, and America’s would have us make. I am tempted to and they are, by and large, immi- story. call it economic insanity. I think it is grants—people who come to this coun- If you think that we have come to ac- morally wrong. This is one of those try from other places. cept immigration as part of America, places where doing the right thing ac- In Beardstown, IL, there is a proc- then you don’t understand the history. tually lines up with enabling us to do essing place, near the central part of We have had our ups and downs when it good and do well at the same time. my State, and the workers there are comes to immigration laws. There have That is what we should do. largely Hispanic and African. They are been times when in this Chamber—in I want to thank Senator DURBIN, immigrants who have come to this this Senate Chamber—there were de- Senator LINDSEY GRAHAM, and a bunch country and, like generations of immi- bates that led to the decision to ex- of other colleagues—Democrat and Re- grants before them, were prepared to clude people from certain parts of the publican, from one end of the spectrum take the worst, dirtiest, hardest jobs world who were no longer welcome in to the other—who have been working available just to make it in America. America. The most notorious in mod- very hard to do right and do what is in Go to the restaurants in Chicago, if ern times was in 1924. The object of our the economic best interest of our coun- you want a contrast from what I just immigration exclusionary law was to try. described. We are lucky. I am lucky to keep out undesirable people from the I thank my friend from Illinois for al- represent that city, but we are lucky United States of America. Who fell into lowing me to go ahead of him. to have some of the greatest res- that category in 1924? Jewish people, The PRESIDING OFFICER. The Sen- taurants, I think, in our country. I Italians, people from Eastern Europe— ator from Illinois. would put them up against any city. I people from where my family came Mr. DURBIN. Mr. President I thank sat down with a person who owned from. We made it clear in the law there my colleague from Delaware, Senator some of those restaurants and talked would be quotas, and we were not going TOM CARPER. He and I came to the to him about the immigration issue. to accept people who were not desirable House of Representatives together He said: Senator, if you took the un- for the future of America. That was in many years ago. He went off on an- documented people and the immigrant 1924. other assignment as Governor of his people out of the restaurants and ho- Let me read you this incredible State, and then came back and ran for tels of Chicago, we would close our statement that was made. When Presi- the U.S. Senate. We are lucky to have doors. We couldn’t operate without dent Calvin Coolidge signed the 1924 him. He is a great Senator, a great them. law justifying the quotas excluding friend, and a great colleague. He takes Oh, you don’t see them in the front of Jews, Italians, Eastern Europeans, and on important issues every day on be- the house—not your waiter and not the others, here is what the President of half of his State and the Nation, and I maitre d’ or the person who takes your the United States said in 1924: thank him for his support for this con- reservation. But just look at who car- There are racial considerations too grave versation about DACA and Dreamers. ried the dishes off the table, and take a to be brushed aside. Biological laws tell us I would like to take a little different look through that door when it swings that certain people will not mix or blend. approach to this than I usually do on open at who is working back there in The Nordics propagate themselves success- the floor, and I have come to the floor that hot kitchen. Over and over, you fully. With other races, the outcome shows many times to talk about it. are going to find immigrants and un- deterioration on both sides. I would like for everyone here who is documented people. So they are part of President Calvin Coolidge, 1924, listening to this debate to pause and America, and they are part of our econ- signed that immigration law. That was think for a minute: What is the worst omy and, even more, they are part of the law in the land of America for 41 job you have ever had—the worst job? our history. years. Our attitude toward parts of the Maybe it was the worst job because it We have had debates about immigra- world and whether people from those was boring, and boring jobs are ter- tion from the beginning. I say jokingly parts were welcome was determined in

VerDate Sep 11 2014 03:31 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.042 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S696 CONGRESSIONAL RECORD — SENATE February 7, 2018 1924 and defined by this Presidential be thoroughly investigated. Some of have sent out a lot of tweets. Boy, that statement. them wait 20 years with all these inves- sure helps. There have been a lot of Then, in 1965, we passed the Immigra- tigations for the chance. press releases and press conferences, tion and Nationality Act that estab- Is it about jobs? Think back to those but not a single bill has come to the lished our current system. Do you jobs these immigrants take in the floor. That is going to change. That is know what we said was the bedrock of United States. How many of us would going to change very quickly. Senator that system? Reuniting families, bring- say: My son—I am so proud—didn’t MCCONNELL, the Republican leader— ing people to this country and allowing know what to do with his life. I told and I take him at his word because he them to not only make it in America him: Well, why don’t you consider said it publicly, he said it privately, but to make a family in America. washing dishes at a restaurant in Chi- and I have told him personally ‘‘You How many times have those of us in cago? Why don’t you consider working said it, and I believe you’’—is going to politics stood up and talked about faith in a packing house in Beardstown, IL? call this measure for a vote in the Sen- and family and flag? I believe those Why don’t you consider landscaping? ate next week. words. I think my colleagues do too. Those are not the jobs we want to see For those of you who tune in to C– When it came to immigration, that was for our children, and they are jobs that SPAN or visit in the Chamber here, the bedrock of what we were going to go vacant unless immigrants and peo- please show up next week because do—to make sure that families could ple like them are willing to pick our something is going to happen on the be reunited in America. fruit and our vegetables, milk the Senate floor that hasn’t happened in a That 1965 law replaced the strict na- cows, and do the hard work that is re- tional origin quotas of the 1924 immi- year and a half—maybe longer. We are quired in so many different parts of actually going to have a debate. This gration law that favored Northern Eu- America. ropeans and excluded Asians. That was empty Chamber will have people in it. We have, at this point, an important We will be considering a bill. People one of the other groups excluded under decision to make, not just as a Senate the 1924 law. will be offering amendments. We will but as a nation. On September 5, Presi- be debating it on the floor. For some of When President Lyndon Johnson dent Donald Trump announced the end signed that 1965 law, he said: ‘‘It cor- my Senate colleagues, it is the first of the DACA Program. March 5 is the time they will ever see this happen. We rects a cruel and enduring wrong. . . . deadline. As of March 5, 1,000 young For over four decades the immigration don’t do that anymore, but we are people every single day will lose the going to do it on this important issue, policy of the United States has been protection of DACA and be subject to twisted and distorted by the harsh in- and we should. The reason we should is deportation and unable to work legally not just because the President issued justice of the national origins quota in America. Who are they? Twenty system.’’ the challenge and not just because so thousand of them are teachers—teach- many lives are hanging in the balance. The Cato Institute is a research ers in grade schools and high schools group. I don’t usually quote them be- It is because when we get down to this around America who will lose their issue, it becomes extremely personal. cause they are on the other side of the jobs on March 5 as their DACA protec- Today for the 108th time, I am going political spectrum. I am on the left tion expires. Nine hundred of them, un- to tell the story of a Dreamer. I use the side, and they are on the right side. documented, will lose their oppor- word ‘‘Dreamer’’ because I am proud of But I am going to quote them tonight tunity to serve in the United States it. The President said at the Repub- because what they had to say about the military. That is right—undocumented. lican retreat: Don’t ever use that word proposal coming from the White House They took the oath that they would ‘‘Dreamer.’’ about immigration is worth hearing. risk and give their lives for America to The White House is part of changing serve in our military. On March 5, as I use it because I introduced the immigration laws in America. It wants their DACA protection expires, they DREAM Act in 2001. Before I intro- to dramatically reduce legal immigra- will be asked to leave the military of duced that bill, if you said ‘‘Dreamer,’’ tion by prohibiting American citizens the United States of America. people thought you were talking about from sponsoring their parents, siblings, I can’t tell you how many thousands a British rock group with a guy named and adult or married children as immi- of students will find it impossible to Freddie. We created the DREAM Act, grants. We are talking literally about continue school because they can no and I want to tell you the story of this millions of relatives of American citi- longer legally work in America. I can Dreamer. This is Saba Nafees. She is zens who have done the right thing by tell you about 30 med students, premed the 108th Dreamer I have told the story following our immigration laws, and students at Loyola University in Chi- of on the floor. When she was 11 years some have waited in line 20 years to be cago. They told me the reality. At the old, they brought her to the United reunited with their families in Amer- end of medical school, you finish your States from Pakistan. She grew up in ica—20 years waiting for the day when education with a clinical experience, a Fort Worth, TX. In high school, she their families could be together again. residency—not 40 hours a week, some- played piano, sang in the choir, and Listen to what the Cato Institute, a times 80 hours a week, but it is a job. played tennis. She then studied mathe- conservative think tank, says about You better take it, and you better matics at Texas Tech. She was ineli- the proposal from the White House, learn the clinical side of medicine if gible for any government assistance to which has been introduced in the Sen- you are going to be a good doctor. go to school. She had to work, borrow ate by two of my colleagues. This is When they lose their DACA protection, money. That is how she went to what Cato says: they lose their legal right to work in school—a mathematics degree at Texas [I]n the most likely scenario, the new plan America, and they cannot apply for a Tech. There she was, a research schol- would cut the number of legal immigrants by residency. It is an end of their medical ar, co-vice president of the Student up to 44 percent or half a million immigrants education because President Trump Service Organization, president of the annually—the largest policy-driven legal im- Texas chapter of the National Mathe- migration cut since the 1920s. had a deadline that said: On March 5, Compared to current law, it would exclude it’s over. matics Honor Society. She participated nearly 22 million people from the oppor- Here we are. What have we done in in premed and math mentoring pro- tunity to immigrate legally to the United the 5 months since the President chal- grams for younger students. She was States over the next five decades. lenged us to fix the problem he cre- awarded the Texas Tech department of You have to go back to 1924 to find ated? We have done absolutely nothing. mathematics prize for excellence in that kind of reduction in legal immi- Nothing. Not one bill has passed in the mathematics by an undergraduate gration in America. What is it about? House or Senate, despite the Presi- woman. Is it about security? No. Every single dent’s challenge and despite the disas- In 2014, Saba graduated from Texas person we are talking about has to go trous impact this is going to have on Tech Honors College with a bachelor of through a serious criminal national se- hundreds of thousands of people across science in mathematics, with the high- curity background check before they the United States of America. est honors. Today, Saba is a Ph.D. can- will ever be allowed into the United I shouldn’t say that we have done didate studying mathematical biology. States. It isn’t automatic. You have to nothing. Some people in this debate Please do not ask me on the final what

VerDate Sep 11 2014 06:29 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.043 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S697 mathematical biology is, but she is ma- ing in shortly, and I will yield when he with no intervening action or debate; joring in it at Texas Tech. She is focus- arrives. that if confirmed, the motions to re- ing on a better understanding of bio- I thank Senator DURBIN for leading consider be considered made and laid logical data and disease. She teaches the Dream Act with Senator GRAHAM— upon the table en bloc; that the Presi- undergraduate students as a graduate for negotiating for years and years to dent be immediately notified of the teaching assistant. What is her dream get support on the Republican side of Senate’s action; that no further mo- in America? To use mathematics to ad- the aisle, for never giving up, and for tions be in order; and that any state- vance research to cure diseases like telling the stories, as we have just ments relating to the nominations be cancer. heard, to bring this home to people—so printed in the RECORD. Let me read you what she wrote to people understand that this is not just The PRESIDING OFFICER. Is there me. She said: a number, that this is not just a sta- objection? I am an aspiring scientist and hope to con- tistic, that this is not just someone Without objection, it is so ordered. tinue my research in mathematical biology. whom you call a name. These are peo- The question is, Will the Senate ad- Currently, there’s an ever increasing need ple who are part of the United States of vise and consent to the Stewart and for computational and mathematical anal- America. Ninety-seven percent of them Giroir nominations en bloc? ysis of biological phenomena, specifically in work or are in school. The average age The nominations were confirmed en the areas of bioinformatics and medicine. I 1 bloc. hope to contribute to this field and give back they were brought over was 6 ⁄2 years to my country just as this country has con- old. f tributed to my education. . . . Without Like Senator DURBIN, Senator GRA- LEGISLATIVE SESSION DACA, I would have been forced to continue HAM, and many of my colleagues on living a life in the shadows, a life with con- both sides of the aisle, I am and always Mr. MCCONNELL. Mr. President, I stant upper bounds, and a life that is impris- have been committed to passing a leg- ask unanimous consent that the Sen- oned in the very country I call home. islative solution to protect Dreamers. I ate proceed to legislative session. Saba is what this debate is all about. appreciate the Presiding Officer’s in- The PRESIDING OFFICER. Without There are those who say: We are too terest in this issue and the group that objection, it is so ordered. busy to do this; we will get back to it we have, the Common Sense Caucus, f later. There are those who say: Well, I that has been working together in de- SUPPORTING THE OBSERVATION am sure she is a very talented person, bating this and trying to come to- OF ‘‘NATIONAL TRAFFICKING but she is illegal, you know. gether to allow for the Dreamers to AND MODERN SLAVERY PREVEN- There are those who say we are fools have a path to citizenship, to allow TION MONTH’’ to let a talent like this leave America. them to stay in our country, to stop Mr. MCCONNELL. Mr. President, I We are crazy to give up on such amaz- the deportation of what would be some- ing young people. ask unanimous consent that the Judi- thing like 800,000 people—something ciary Committee be discharged from We are wrong to call them lazy, for the President of the United States has goodness’ sakes. There isn’t a lazy bone further consideration of and the Senate firmly said he does not want to do. He now proceed to the consideration of S. in this young woman’s body. I don’t wants to see a path to citizenship along think so. What she has achieved is Res. 385. with increased border security. The PRESIDING OFFICER. Without nothing short of a miracle as an un- I see that the leader has arrived, and documented student in America. objection, it is so ordered. I will continue my remarks when he The clerk will report the resolution Some others have argued: Well, she has completed his. can stay, but you have to punish her by title. Thank you. The senior assistant legislative clerk parents. We have to make them leave I yield the floor. read as follows: the United States of America. The PRESIDING OFFICER. The ma- A resolution (S. Res. 385) supporting the There has to be a better way. Yes. jority leader. Was it wrong? Did it, maybe, even vio- observation of ‘‘National Trafficking and f Modern Slavery Prevention Month’’ during late a law for them to bring her here? EXECUTIVE SESSION the period beginning on January 1, 2018, and What parent wouldn’t do it if it meant ending on February 1, 2018, to raise aware- survival or if it meant a future for a ness of, and opposition to, human trafficking child? We can make them pay a price. and modern slavery. EXECUTIVE CALENDAR In the comprehensive immigration bill, There being no objection, the Senate there is a fine and a long waiting pe- Mr. MCCONNELL. Mr. President, I proceeded to consider the resolution. riod. All of the things could be included ask unanimous consent that the Sen- Mr. MCCONNELL. Mr. President, I in here. ate proceed to executive session for the ask unanimous consent that the reso- For goodness’ sakes, this young lady en bloc consideration of the following lution be agreed to, the preamble be and her family can be an important nominations: Executive Calendar Nos. agreed to, and the motions to recon- part of America’s future if and when we 599 and 602. sider be considered made and laid upon decide in the U.S. Senate that she is The PRESIDING OFFICER. Is there the table. worth our effort. We will have that objection? The PRESIDING OFFICER. Without chance soon. We will start the debate Without objection, it is so ordered. objection, it is so ordered. soon. Young people like her will listen The clerk will report the nomina- The resolution (S. Res. 385) was to this debate because they know what tions en bloc. agreed to. is at stake and whether there is any fu- The senior assistant legislative clerk The preamble was agreed to. ture for them in the United States of read the nominations of Barbara Stew- (The resolution, with its preamble, is America. art, of Illinois, to be Chief Executive printed in the RECORD of January 29, For goodness’ sakes, in the name of Officer of the Corporation for National 2018, under ‘‘Submitted Resolutions.’’) justice, in the name of the values that and Community Service; and Brett f made this country what it is today, we Giroir, of Texas, to be Medical Director ought to stand up on a bipartisan basis in the Regular Corps of the Public RESOLUTIONS SUBMITTED TODAY and solve this problem in a humane Health Service, subject to the quali- Mr. MCCONNELL. Mr. President, I and sensible way. fications therefor as provided by law ask unanimous consent that the Sen- I yield the floor. and regulations, and to be an Assistant ate now proceed to the en bloc consid- The PRESIDING OFFICER (Mr. Secretary of Health and Human Serv- eration of the following Senate resolu- TILLIS). The Senator from Minnesota. ices. tions which were submitted earlier Ms. KLOBUCHAR. Mr. President, Thereupon, the Senate proceeded to today: S. Res. 397, S. Res. 398, and S. once again, I rise to talk about the consider the nominations en bloc. Res. 399. Dreamers. Mr. MCCONNELL. Mr. President, I There being no objection, the Senate I thank Senator DURBIN for his lead- ask unanimous consent that the Sen- proceeded to consider the resolutions ership. I know the leader will be com- ate vote on the nominations en bloc en bloc.

VerDate Sep 11 2014 05:29 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.044 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 7, 2018 Mr. MCCONNELL. Mr. President, I As we know, we have been seeing They epitomize the American dream. ask unanimous consent that the reso- them lose their DACA status since the These young people work hard, and lutions be agreed to, the preambles be administration’s decision. Not only they give back. Deporting Dreamers agreed to, and the motions to recon- would this mean deportation if we would be cruel, irrational, inhumane, sider be considered made and laid upon don’t do something about this, it and very simply repugnant to the the table, all en bloc. means people will basically be led away American values that every Member of The PRESIDING OFFICER. Without from their jobs—people who are teach- this Chamber holds dear. objection, it is so ordered. ing school, who are working at jobs in When DACA was adopted in 2012, it The resolutions were agreed to. our hospitals and in our neighborhoods, changed the lives of these young peo- The preambles were agreed to. and suddenly they will not be able to ple. It opened new doors to oppor- (The resolutions, with their pre- work. We cannot let that happen in tunity. Dreamers could come out of the ambles, are printed in today’s RECORD America, and I cannot let that happen shadows. They could use driver’s li- under ‘‘Submitted Resolutions.’’) in our State. That is why we must con- censes, attend college, and fully par- f tinue this work. We must get this done ticipate in our economy. When DACA was adopted, we made a CHILD PROTECTION IMPROVE- and the sooner, the better. promise to the Dreamers. We promised MENTS ACT OF 2017—Continued The Dream Act is based on a simple principle. Dreamers were brought to that if they come forward and provide The PRESIDING OFFICER. The Sen- the United States as children and only the U.S. Government with their most ator from Minnesota. know this country as their home, and basic personal and private information, DACA they should be given the opportunity this information will never be used Ms. KLOBUCHAR. Mr. President, I to contribute to our Nation and be- against them. We assured them that will continue my remarks about the come citizens. they have a place in this country. Now, importance of passing the Dream Act Passing the Dream Act isn’t just the with the complicity of this body, that and the work of the Common Sense morally right thing to do, which the promise is about to be broken. I say Caucus, in which the Presiding Officer majority of Americans agree with, it ‘‘complicity’’ because the President, in has been involved, to try to find a path also makes economic sense. One recent September, is the one who committed forward to protect these Dreamers study estimated that ending DACA the act of breaking that promise by while understanding the combination could cost the country over $400 billion saying that he was going to end the that we could have for increased border over the next 10 years. It would cost DACA Program, and he gave Congress 6 security at the same time. Minnesota more than $376 million in months to remedy that broken prom- What you have going on right now in annual revenue and have an immeas- ise. He threw to Congress a ticking our country is fear, as Senator DURBIN urable impact on families who would be time bomb that literally would rip has pointed out, with over 800,000 peo- ripped apart. apart the lives of 800,000 or 1.8 mil- ple who have been here, as I said, The unemployment rate in my State lion—the numbers vary; the principle through no fault of their own and with is in the 3-percent range, and this pop- is the same. Ripping apart their lives 97 percent of them working or in ulation is working in our State and an would be the consequence. school. Just yesterday, I met with the important part of our State’s employ- I have said it before, and I am going Catholic Conference—people from the ment force, just as our legal refugees to say it again. Great countries do not Catholic Church in my State—and are. That is why this rhetoric and some break their promises. The United some of the Dreamers, and I heard of the things we are hearing about States is the greatest country in the again of the account of someone who is Dreamers isn’t good. history of the world. We should not be in school and is doing well, who wants I truly appreciate those Republicans breaking our promises. We should not to work, and who wants to stay in our in the Senate, including the Presiding even threaten to break our promises to State. When I hear these stories, I am Officer, who have been willing to work innocent young people, men and always reminded of the oldest Dreamer with us on this issue and talk to the women who know only this country I ever met, Joseph Medina, who was people in their States to try to come and whose whole lives are here. born in Mexico. together on passing some version of the The President’s decision to rescind He came over to this country and Dream Act and allowing these Dream- DACA threatens to tear them away didn’t know he had been brought over ers to stay. from their families, their jobs, and to the country illegally. His parents We will continue this fight. We stand their communities, where they make a had died. He grew up in Sleepy Eye, in support of the Dream Act, we stand difference for the better. It is threat- MN—a little town. He decided to sign in support of those Dreamers, and we ening their lives with total disarray, up to serve our country during World work every single day to find a solu- forcing them to go back to countries War II. He then found out he was un- tion. where they barely lived and have no documented. When I met him at age 99, Thank you, Mr. President. life. It derails their future. We are a in his words, back then, the military I yield the floor. country better than this kind of inhu- took you over to Canada for a night, The PRESIDING OFFICER. The Sen- manity. and you stayed in a hotel. You came ator from Connecticut. I want to talk again about Jonathan back, and you were a citizen because Mr. BLUMENTHAL. Thank you, Mr. Gonzales-Cruz, a college student at they wanted you to serve in the mili- President. Southern Connecticut State Univer- tary. He then served bravely under I am honored to rise after my distin- sity. He is shown here, and I am behind General MacArthur. He came back to guished colleagues from Minnesota and him. He was attending a rally in sup- the United States and got married and Illinois to issue a simple demand: We port of the Dreamers, but I had the had a son. That son served our country must act now to pass legislation pro- privilege of meeting Jonathan well be- in the Vietnam war. tecting the Dreamers against mass, fore this rally. He shared his story with I met their entire family and stood draconian deportation. We must act me, and I shared it with this Chamber with them in front of the World War II now effectively, not cosmetically or su- in January. Memorial when he was 99 years old— perficially. We must act now without Jonathan was born in Mexico. He Joseph Medina—along with two other unacceptable preconditions and hos- came to the United States when he was Dreamers, who were two kids from a tage-taking amendments that cut im- just 4 years old. The United States is Minnesota suburban high school who migration—a betrayal of our American his home. It is the only country he has wanted to join the Air Force, but, at values. ever known. He is set to graduate this the time, they were not able to. He We cannot ask Dreamers to languish spring with honors in economics and wanted them to be able to serve our in uncertainty any longer. These young math after receiving a full scholarship country just as he had served our coun- people are Americans in all but name. to attend Southern Connecticut State try. He died just this last year at age They grew up in this country, and they University. 103. I am doing it for him and for the went to our schools. They serve in our Like many, due to the President’s re- 6,000 Dreamers who live in Minnesota. military and support our economy. cision of DACA and this Chamber’s

VerDate Sep 11 2014 05:29 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.046 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S699 failure to act, which is complicity, basic economic sense. In reality, these The PRESIDING OFFICER. The ma- Jonathan has been compelled to delay young people are integral to our econ- jority leader. his dream of continuing his education omy. If Congress fails to pass the f and attending law school. However, DACA bill, we will lose $500 billion over HONORING HOMETOWN HEROES Jonathan hasn’t abandoned his stead- the next 10 years. We will lose $25 bil- ACT fast commitment to helping others and lion in Medicare and Social Security giving back to Connecticut and this taxes. In my home State alone, we Mr. MCCONNELL. Mr. President, I Nation. stand to lose more than $300 million a understand that the Senate has re- I recently had the honor of writing a year. ceived a message from the House to ac- letter of recommendation on his behalf Now is the time to abandon the myth company H.R. 1892. in his pursuit of a public policy fellow- that the Dreamers work on the side- The PRESIDING OFFICER. The lead- ship. Despite the uncertainty around lines of American society. They are er is correct. his own immigration status, Jonathan part of the economic fabric as well as Mr. MCCONNELL. Mr. President, I believes so much in this country and the social tapestry of this Nation. They move that the Chair lay before the our ideals that he continues to seek help drive our economy. They are small Senate the message to accompany H.R. out opportunities to give back. That is business owners. They are physicians, 1892. the purpose of his fellowship, and that scientists, and teachers. Continued The PRESIDING OFFICER. The is the reason I wrote a letter of rec- waiting would mean instability in the question is on agreeing to the motion. The motion was agreed to. ommendation. job market as companies are forced to The Presiding Officer laid before the He first became compelled to tell his fire DACA recipients and train new Senate the following message from the story after his father was deported. He people in anticipation of the March House of Representatives: was unable to even say goodbye before deadline. As I said before, forcing these his father was ripped away from his Resolved, That the House agree to the outstanding members of our commu- amendment of the Senate to the bill (H.R. family. nity to leave would be a logistical and 1892) entitled ‘‘An Act to amend title 4, If Congress fails to act, Jonathan humanitarian nightmare. United States Code, to provide for the flying could lose his DACA protection. He Time is not on our side. If Congress of the flag at half-staff in the event of the could be one of those 800,000 who have passes a DACA bill, USCIS will need to death of a first responder in the line of legally told the government where they develop new regulations. It will have to duty.’’, with an amendment. are, what they are doing, how to call process applications. It will have to set MOTION TO CONCUR WITH AMENDMENT NO. 1930 them, and he could be deported—one of up the bureaucratic structure and rules Mr. MCCONNELL. Mr. President, I 800,000 who could be swept away in a of procedure. We cannot delay because move to concur in the House amend- mass deportation, unprecedented in the Dreamers stand to lose their pro- ment to the Senate amendment, with a this great country. tections simply by the passage of time. further amendment. In the meantime, he is anguished and Contributing members of our society, The PRESIDING OFFICER. The anxious, as are many other DACA like Jonathan, who have done nothing clerk will report the motion. young people who are afraid to go to wrong, have no criminal record, will be The senior assistant legislative clerk school or to health clinics or to courts dragged back into the shadows. They read as follows: or police stations if they are victims of will be unable to attend our colleges, The Senator from Kentucky [Mr. MCCON- crimes, such as domestic violence. My work in jobs. Once again, they will NELL] moves to concur in the House amend- office meets with countless numbers of dread the sound of police sirens. ment to the Senate amendment with an them from Connecticut and across the The character of our Nation, who we amendment numbered 1930. country. Like Jonathan, they are at are, is at stake. So many Americans re- (The amendment is printed in today’s risk of losing those DACA protections. late to the story of these Dreamers be- RECORD under ‘‘Text of Amendments.’’) They have become moms and dads and cause they can see themselves through CLOTURE MOTION leaders in our communities. their eyes. They can see their own im- Mr. MCCONNELL. Mr. President, I Congress must do its job. Congress migrant story in Jonathan. So many of send a cloture motion to the desk on must act, and it must act now to pro- us—my family included—came to this the motion to concur with further vide permanent status and a path to country with hopes for a better life and amendment. citizenship for Jonathan and 1.3, 1.8 a future. Jonathan had no choice; he The PRESIDING OFFICER. The clo- million Dreamers in this Nation. was brought here as a child. But the ture motion having been presented Due to a Federal court order, the American dream belongs to him too. under rule XXII, the Chair directs the U.S. Citizenship and Immigration Serv- We must pass DACA legislation now. clerk to read the motion. ices, USCIS, has been ordered to accept Thank you, Mr. President. The legislative clerk read as follows: renewal applications for DACA recipi- I yield the floor. CLOTURE MOTION ents. Once again, the courts have been I suggest the absence of a quorum. We, the undersigned Senators, in accord- a bulwark for individual rights and lib- The PRESIDING OFFICER. The ance with the provisions of rule XXII of the erties, but this reprieve is no final rem- clerk will call the roll. Standing Rules of the Senate, do hereby edy. We must redouble our determina- The senior assistant legislative clerk move to bring to a close debate on the mo- tion to concur in the House amendment to tion to assist these young people and proceeded to call the roll. the Senate amendment with a further protect them, which must be done Mr. THUNE. Madam President, I ask amendment to H.R. 1892, an act to amend right away because deportation is a unanimous consent that the order for title 4, United States Code, to provide for the continuing threat. President Trump’s the quorum call be rescinded. flying of the flag at half-staff in the event of cruel and unconscionable decision to The PRESIDING OFFICER (Mrs. the death of a first responder in the line of end this program is intolerable, but so FISCHER). Without objection, it is so duty. is our complicity if we fail to act. ordered. Mitch McConnell, John Cornyn, Chuck DACA protections are set to expire in Grassley, Tom Cotton, David Perdue, f Thom Tillis, James Lankford, John less than a month. There is no more RECESS SUBJECT TO THE CALL OF Kennedy, Roy Blunt, Richard C. kicking the can down the road. The THE CHAIR Shelby, Lisa Murkowski, Susan M. Col- ticking time bomb thrown by President lins, Steve Daines, John Boozman, Trump into this Chamber is set to ex- Mr. THUNE. Madam President, I ask John Barrasso, James M. Inhofe, Orrin plode. We have the power to defuse it unanimous consent that the Senate G. Hatch. and to end this awful menace. Refusing stand in recess subject to the call of Mr. MCCONNELL. I ask for the yeas to do so would be a grave abdication of the Chair. and nays on my motion to concur with responsibility. There being no objection, the Senate further amendment. Acting now in the service of the at 7:27 p.m., recessed subject to the call The PRESIDING OFFICER. Is there a American dream is not only the right of the Chair and reassembled at 11:39 sufficient second? thing to do, it is in our self-interest to p.m. when called to order by the Pre- There appears to be a sufficient sec- do so. It is in our self-interest in a siding Officer (Mr. GARDNER). ond.

VerDate Sep 11 2014 06:29 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.048 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 7, 2018 The yeas and nays were ordered. Mr. MCCONNELL. I ask unanimous focus is to discover fundamental new AMENDMENT NO. 1931 TO AMENDMENT NO. 1930 consent that the reading of the amend- concepts that lead to breakthrough Mr. MCCONNELL. Mr. President, I ment be dispensed with. technologies for national security, have a second-degree amendment at The PRESIDING OFFICER. Without many of DARPA’s advances also ben- the desk. objection, it is so ordered. efit greater society. Some well-known The PRESIDING OFFICER. The The amendment is as follows: examples include precision-guided clerk will report. Strike ‘‘3 days’’ and insert ‘‘4 days’’ weapons systems with miniaturized The senior assistant legislative clerk Mr. MCCONNELL. I ask unanimous GPS components also found on many read as follows: consent that the mandatory quorum consumer products; the internet, used The Senator from Kentucky [Mr. MCCON- call be waived. initially to link DARPA with per- NELL] proposes an amendment numbered 1931 The PRESIDING OFFICER. Without former partners, now widely used in to amendment No. 1930. objection, it is so ordered. commerce and every aspect of our The amendment is as follows: f lives; advanced antenna systems ena- At the end add the following. ‘‘This Act shall take effect 1 day after the MORNING BUSINESS bling more efficient warfighter commu- nications and satellite signal reception date of enactment.’’ Mr. MCCONNELL. Mr. President, I for consumers; new breakthroughs in MOTION TO REFER WITH AMENDMENT NO 1932 ask unanimous consent that the Sen- . robotic technology for national secu- Mr. MCCONNELL. Mr. President, I ate be in a period of morning business, rity applications and the development move to refer the House message on with Senators permitted to speak of advanced prosthetic arms for wound- H.R. 1892 to the Committee on Appro- therein for up to 10 minutes each. ed warriors and civilians alike. The list priations to report back forthwith with The PRESIDING OFFICER. Without goes on. instructions. objection, it is so ordered. The PRESIDING OFFICER. The f By not accepting the parameters of what is widely accepted as the known clerk will report the motion. OFFSHORE OIL AND GAS DRILLING The senior assistant legislative clerk possible, DARPA has proven that read as follows: Ms. COLLINS. Mr. President, I wish amazing achievements can be had by The Senator from Kentucky [Mr. MCCON- to join my colleagues in expressing my stretching to reach for what was once NELL] moves to refer the House message to serious concern with the 5-year oil and deemed impossible. In the realm of na- accompany H.R. 1892 to the Committee on gas leasing plan released by the Inte- tional defense, DARPA has pursued Appropriations to report back forthwith rior Department that proposes opening new systems, including unmanned aer- with instructions, being amendment num- up vast portions of U.S. waters for pos- ial and underwater vehicles, hypersonic bered 1932. sible oil exploration and development, flight research, and new frontiers in The amendment is as follows: including along the Atlantic seaboard biomedical research. From the giant At the end add the following. and the coast of Maine. engines of the Saturn V rocket that ‘‘This Act shall take effect 2 days after the I am opposed to any effort to open date of enactment.’’ took Americans to the Moon to the waters off the coast of Maine or any smallest microelectronics that popu- Mr. MCCONNELL. I ask for the yeas proximate area to offshore drilling, late our smartphones, DARPA has been and nays on my motion. which could negatively affect the The PRESIDING OFFICER. Is there a ahead of the cutting edge of techno- health of Maine’s fisheries and other logical innovation. sufficient second? coastal resources, threatening to harm There appears to be a sufficient sec- not only the environment but the By focusing its efforts at the bound- ond. State’s economy as well. The Maine aries of fundamental research in phys- The yeas and nays were ordered. lobster industry, for example, has an ics, chemistry, biology, mathematics, AMENDMENT NO. 1933 estimated $1.7 billion impact to the materials science, electronics, and en- Mr. MCCONNELL. Mr. President, I State’s economy annually, not to men- gineering, DARPA has helped create have an amendment to the instruc- tion the many other fishing, aqua- new communities of scientists and en- tions. gineers, both inside and beyond the The PRESIDING OFFICER. The culture, and coastal tourism industries that help to drive the State’s economy. traditional defense community. Along clerk will report. the way, new businesses and sometimes The senior assistant legislative clerk These critical industries are dependent on Maine’s pristine waters, and even a entire industries have sprung from read as follows: DARPA-funded research, reflecting the The Senator from Kentucky [Mr. MCCON- minor spill could damage irreparably the ecosystem in the gulf of Maine and Agency’s commitment to pursue its NELL] proposes an amendment numbered 1933 ideas all the way from initial concept to the instructions of the motion to refer create serious economic disruption. H.R. 1892. I look forward to working with the to demonstration of practical feasi- bility through prototype development. Mr. MCCONNELL. I ask unanimous administration to ensure that the Inte- consent that the reading of the amend- rior Department’s plan is revised to DARPA programs are led by program ment be dispensed with. pose no unnecessary threats to the managers who come from universities, The PRESIDING OFFICER. Without economy and way of life in coastal industry, national laboratories, and objection, it is so ordered. Maine. other parts of government for limited The amendment is as follows: f postings that typically last 3 to 5 Strike ‘‘2’’ and insert ‘‘3’’ DARPA’S 60TH ANNIVERSARY years—a time limit that helps drive Mr. MCCONNELL. I ask for the yeas the Agency’s signature sense of ur- Mr. REED. Mr. President, today I pay gency. Recognizing that some revolu- and nays on my amendment. tribute to DARPA, the Defense Ad- The PRESIDING OFFICER. Is there a tionary goals inevitably prove vanced Research Projects Agency, on sufficient second? unachievable, DARPA carefully man- There appears to be a sufficient sec- the 60th anniversary of its inception. ages risk by establishing appropriate ond. After the Soviet Union launched Sput- milestone procedures and redirecting The yeas and nays were ordered. nik I, President Eisenhower deter- or discontinuing programs when fur- AMENDMENT NO. 1934 TO AMENDMENT NO. 1933 mined that the United States would ther advancement stalls. never again be caught off guard by Mr. MCCONNELL. Mr. President, I I congratulate DARPA for its many have a second-degree amendment at technological surprise. DARPA was es- tablished to anticipate new techno- achievements over the past 60 years. the desk. The true assets that enable this kind of The PRESIDING OFFICER. The logical capabilities and pursue stra- tegic technological surprise for our achievement are the men and women clerk will report. who work to make the visions of to- The senior assistant legislative clerk military forces. morrow become today’s reality. read as follows: DARPA works collaboratively with The Senator from Kentucky [Mr. MCCON- academic institutions, corporate and As DARPA moves into the future, I NELL] proposes an amendment numbered 1934 government R&D labs, and small busi- encourage my colleagues to join with to amendment No. 1933. ness enterprise. While the primary me in recognizing this milestone and

VerDate Sep 11 2014 06:34 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.053 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S701 supporting DARPA so that it can con- (now [2011] Western Washington University) profit business ventures. Since 1971 the Alas- tinue to keep our warfighters and citi- in 1962 with a double major in English and ka Native corporations have become an im- zens at the leading edge of technology Philosophy. After graduation Van Ness portant part of Alaska’s economy and pro- and out of harm’s way. worked for a year, then went to law school at vide thousands of jobs to Alaskans as well as the University of Washington in Seattle, millions of dollars for scholarships and cul- f where he served as articles editor on the UW tural programs. In 2009 total revenues for the dozen regional corporations in Alaska were REMEMBERING WILLIAM J. VAN Law Review in his final year. In 1966 he grad- uated near the top of his class, and attracted more than $7.2 billion. NESS the notice of some of his law professors, who NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) Ms. MURKOWSKI. Mr. President, I ended up steering his career in a different di- In 1967 Van Ness took on another project have come to the floor to pay tribute rection than he was planning. which eventually became the National Envi- to William J. Van Ness, an individual A DIFFERENT DIRECTION ronmental Policy Act, more commonly who was instrumental in the matura- Van Ness had a Sterling fellowship to go to known by its acronym NEPA. Environ- tion and development of Alaska as a Yale Law School, and his goal was to get a mental issues were coming to the forefront in 1960s America, but they were dealt with by State and who passed away last No- J.S.D. in Law and become a law professor. But he first needed to get a job to pay his multiple agencies with different priorities vember. college bills. He was thinking of staying in and approaches that often arrived at con- Bill’s contributions to Alaska began Seattle, but soon got a phone call that flicting positions. Van Ness realized that in 1966 when he joined the staff of the changed it all. Evidently one or more of his there needed to be a process to identify all of Senate Committee on Interior and In- law professors had spotted the young grad- the positions and then pinpoint the common sular Affairs, the predecessor to the uate’s potential and passed this information goals to provide a basis for a better plan of Committee on Energy and Natural Re- on to U.S. Senator Henry ‘‘Scoop’’ Jackson. action and better federal policy and decision- Jackson had become chairman of the Sen- making. sources, under the chairmanship of Jackson, along with Representative John Senator Henry ‘‘Scoop’’ Jackson. ate’s Committee on Interior and Insular Af- fairs (now the Committee on Energy and Dingell (b. 1926) of Michigan and others, had As special counsel and later chief Natural Resources) in 1963, and now invited introduced legislation in Congress in 1966 to counsel for the committee, Bill was Van Ness to interview for a position as spe- establish an environmental policy council. one of the architects of the settlement cial counsel on the committee. Van Ness took it a step further. In 1967 he of the aboriginal land claims of Alaska Van Ness wasn’t a particular fan of politics prepared a memo to Jackson that argued the Natives, the Alaska Native Claims Set- and wasn’t particularly interested in moving need for a comprehensive national environ- to Washington, D.C., either, but he needed a mental policy, pointing out that there might tlement Act of 1971, as well as the be one in the future in any event. He drafted Trans-Alaska Pipeline Act of 1973. The job, so he took the interview. He liked what he saw in Jackson, and described his first legislation that eventually became Senate enactment of these foundational laws impressions in a June 2011 interview: ‘‘He Bill (S.) 1075, the template for NEPA, and has enabled Alaska to achieve many of was a hell of a nice man, with an open mind, added that his draft was vetted by fellow the promises of our statehood. and full of common sense’’ (Phil Dougherty committee member Daniel Dreyfus: ‘‘He had As an Alaskan, a Senator rep- interview). Jackson was likewise impressed, experience that I didn’t have, and kept me resenting Alaska, and the current and offered Van Ness the job. He accepted grounded in reality. And he was a great crit- ic’’ (Dougherty interview). In 1968 Van Ness and moved with his family to the other chairman of the Committee on Energy helped draft an additional report that out- Washington in August 1966. and Natural Resources, I was saddened lined the need for a uniform approach to na- to learn of Bill’s passing, but am proud He found the issues and opportunities pre- sented in his new position invigorating and tional environmental policy. With this back- to help recognize his contributions to challenging. ground in place, Jackson introduced S. 1075 in the Senate in February 1969. our state. ALASKA NATIVE LAND CLAIMS I ask unanimous consent to have The concept of the Environmental Impact One of Van Ness’s first assignments in- Statement (EIS), now a key component of printed in the RECORD an essay made volved structuring a settlement of the long- NEPA, was introduced in April 1969 during possible by the Henry M. Jackson standing Alaska Native land claims. He Senate hearings on the bill. The purpose of Foundation, which Bill served as presi- began his research in the autumn of 1966 and the EIS is to require federal agencies to pro- dent of from 1988 until 2008. The essay, soon found that there was virtually no infor- vide analytic review of proposed major fed- which appeared on HistoryLink.org, mation on who the Alaska Natives were, eral actions that would have a significant highlights many of Bill’s accomplish- what their claims were, or even how many impact on the surrounding environment. The ments. Alaska Natives there were. Realizing that EIS must identify and address the environ- far more in-depth research was necessary, he There being no objection, the mate- mental impact (particularly adverse environ- got authority to commission the Federal mental effects) of the proposed action and rial was ordered to be printed in the Field Committee for Development Planning examine alternatives to it. Van Ness, as- RECORD, as follows: to do a study. This committee, which had sisted by Dreyfus, drafted the EIS require- HISTORYLINK: VAN NESS, WILLIAM J. ‘‘BILL’’ been formed to deal with reconstruction in ment, which ultimately became Section 102 JR. (1938–2017) southern Alaska after the great Alaska of NEPA. ‘‘Nobody seemed to pay much at- Seattle attorney William J. ‘‘Bill’’ Van earthquake of 1964, prepared a comprehen- tention to it’’ [at the time], remarked Van Ness Jr. worked under U.S. Senator Henry sive 565–page report in 1968 titled ‘‘Alaska Ness. ‘‘I wanted the EIS to be short enough ‘‘Scoop’’ Jackson (1912–1983) from 1966 to 1977 Natives and the Land,’’ which addressed vir- to be easily read and understood by cabinet on the U.S. Senate Committee on Interior tually all factual questions which could be officers and other federal decision makers’’ and Insular Affairs. He served first as special asked about the Alaska Native issue. (Dougherty interview). The Senate passed S. 1075 in July and re- counsel and then, beginning in 1970, as chief That same year oil was discovered at ferred the bill to the House, which had con- counsel. During his tenure he drafted several Prudhoe Bay, Alaska, which made settling ducted hearings earlier in the year on a simi- pieces of key environmental legislation that Alaska Native land claims more urgent. lar bill introduced by Dingell. The House became law, including the Alaska Native Thus the timing of the committee’s report, passed Dingell’s bill (H.R. 12549) in Sep- Claims Settlement Act (ANCSA) and the Na- completed late in 1968, couldn’t have been tember, after which the two bills went to a tional Environmental Policy Act (NEPA). better. It became the basis for hearings and eventually shaped legislation (which Van joint Senate-House committee to hammer EARLY YEARS Ness drafted and Jackson introduced into out their differences. This was accomplished Bill Van Ness Jr. was born on January 20, the Senate) that became known as the Alas- in December 1969, and the House and Senate 1938, in Wolf Point, Montana, the son of Wil- ka Native Claims Settlement Act (ANCSA). both passed the final version of the act the liam J. Van Ness and Mary Armyda Thomas. Congress passed the act and it was signed by week before Christmas. President Richard About 1942 the family moved to Port Orchard President Richard Nixon (1913–1994) in De- Nixon signed NEPA into law on January 1, (Kitsap County), where his father took a job cember 1971. 1970. at the Bremerton Naval Yard. They stayed ANCSA was a wide-ranging act that paid Today NEPA is regarded as a milestone in for three years in Port Orchard, then moved $962 million to Alaska Natives in exchange environmental legislation. It provides trans- to Chimacum, Washington, (Jefferson Coun- for their claims to many of their native parency and discipline for decision-making ty), a small, unincorporated community lo- lands. The act also transferred approxi- in a process that is open to the public. NEPA cated about eight miles south of Port Town- mately 45 million acres of federal land to 12 legislation has since been adopted by many send. Van Ness attended his early years of regional and some 200 village corporations in states (including Washington state) as well grade school in Port Townsend, and grad- the state (a 13th regional corporation was as by other nations. uated from Chimacum High School in 1956. later set up in Seattle to handle claims of THE ALASKA PIPELINE AND ENERGY He worked full time for a couple of years Alaska Natives no longer living in Alaska). CONSERVATION to pay for college, and graduated from Bel- These corporations were formed under the Van Ness took the lead in drafting two lingham’s Western Washington State College act to manage the lands and to create for- other significant acts that were enacted in

VerDate Sep 11 2014 05:43 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.047 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 7, 2018 the 1970s: the Trans-Alaska Pipeline Author- that the U.S. Department of Justice brought MESSAGE FROM THE HOUSE ization Act and the Energy Policy Conserva- litigation against the UW, alleging massive tion Act. The Trans-Alaska Pipeline Author- billing fraud in overbilling government in- At 11:32 a.m., a message from the ization Act resulted from the discovery of oil surance programs such as Medicare and Med- House of Representatives, delivered by at Prudhoe Bay in 1968. There was plenty of icaid. In 2004 the UW and the Department of Mr. Novotny, one of its reading clerks, oil but no reliable way to get it to the lower Justice agreed to a $35 million settlement, announced that the House has passed 48 states. Oil companies determined that the but the story remained hot in the press. the following bills, in which it requests cheapest way would be to build a pipeline Later that year the UW Medicine Board the concurrence of the Senate: through Alaska from the Arctic Ocean to named Van Ness head of a committee to re- Valdez, where the oil could then be shipped view the weaknesses that led to the billing H.R. 219. An act to correct the Swan Lake south. problems and to make recommendations to hydroelectric project survey boundary and to Environmentalists fiercely resisted con- prevent a recurrence. ‘‘The committee’s re- provide for the conveyance of the remaining struction of a pipeline through Alaska. It view was thorough, frank and, in some in- tract of land within the corrected survey took the 1973 Arab oil embargo and resulting stances, scathing,’’ reported The Seattle boundary to the State of Alaska. gas shortages to tip the scales in favor of Times when the report came out in 2005. H.R. 772. An act to amend the Federal legislation authorizing construction. ‘‘It’s ‘‘But it put the issue to bed,’’ concluded Van Food, Drug, and Cosmetic Act to improve doubtful it would’ve passed if people weren’t Ness (Dougherty interview). and clarify certain disclosure requirements forced to sit in long gas lines,’’ Van Ness ob- Van Ness married Patricia ‘‘Pat’’ O’Meara for restaurants and similar retail food estab- served (Dougherty interview). Even then the (b. 1940) in 1959 and they had four children: lishments, and to amend the authority to Senate deadlocked when the act came up for Tamara, Keith, Douglas, and Justin. Into his bring proceedings under section 403A. a vote, and it took a tie-breaker vote by Vice seventies Van Ness went into his law office H.R. 4924. An act to amend the Congres- President Spiro Agnew (1918–1996) to break several days a week and worked from home sional Accountability Act of 1995 to reform the deadlock. President Nixon signed the act as needed. When not working he enjoyed the procedures provided under such Act for in November 1973. spending time at his beach cabin on the initiation, investigation, and resolution The Energy Policy and Conservation Act Marrowstone Island in Jefferson County with of claims alleging that employing offices of (EPCA), introduced by Senator Jackson in his grandchildren, gardening, wood-carving, the legislative branch have violated the February 1975, was probably the least con- and fishing in Alaska. Bill Van Ness died on rights and protections provided to their em- troversial of the four acts discussed in this November 22, 2017, at age 79. ployees under such Act, including protec- essay, and ‘‘fairly straightforward,’’ com- Mr. SULLIVAN. Mr. President, I join tions against sexual harassment, and for mented Van Ness (Dougherty interview). It my colleague from Alaska today in other purposes. passed the Senate in April, the House in Sep- honoring Bill Van Ness. Chairman The message also announced that the tember, and President Gerald Ford (1913– MURKOWSKI has identified some of the House has agreed to the following con- 2006) signed it in December 1975. EPCA cre- significant contributions that Bill ated the Strategic Petroleum Reserve, man- current resolutions, in which it re- dated automobile fuel economy standards, made to Alaska and Alaskans. I would quests the concurrence of the Senate: and extended oil price controls until 1979. like to focus specifically on one of H. Con. Res. 102. Concurrent resolution au- MOVING ON TO PRIVATE PRACTICE those contributions, the Alaska Native thorizing the use of Emancipation Hall in By 1977, Van Ness had decided it was time Claims Settlement Act or ANCSA, and the Capitol Visitor Center for an event to for a change. He had actually considered the role that law has played in improv- celebrate the 200th anniversary of the birth leaving sooner: ‘‘I tried to leave numerous ing the lives of Alaska’s Native people. of Frederick Douglass. times to go practice law, but Scoop was very Through ANCSA, the State of Alaska, H. Con. Res. 104. Concurrent resolution persuasive. He was a fun guy to work with— the Federal Government, and the Alas- providing for a correction in the enrollment great instincts and a great mind. Every time ka Native community reached a settle- of H.R. 1892. I tried to leave he always persuaded me to ment regarding aboriginal claims to The message further announced that stay two more years. The last time I sent lands and resources throughout the the House has agreed to the amend- him a memo and was pretty firm that it was ment of the Senate to the bill (H.R. time for me to move on’’ (Dougherty inter- State. Alaska Natives set aside those view). claims in exchange for nearly $1 billion 1892) to amend title 4, United States Van Ness established the firm of Van Ness, and the right to select approximately Code, to provide for the flying of the Feldman, Curtis and Sutcliffe in 1977, 45 million acres of land. flag at half-staff in the event of the partnering with three other attorneys who Bill’s creativity is evident in the death of a first responder in the line of had also worked as counsel or chief counsel manner in which ANCSA addressed the duty, with an amendment, in which it to various committees in both the House and fundamental question of how to ensure requests the concurrence of the Senate. Senate. The firm specialized in handling en- that the thousands of individual Alas- ENROLLED BILL SIGNED ergy, environmental, and transportation ka Natives received their fair share of issues; one of its first clients was the Arctic The President pro tempore (Mr. Slope Regional Corporation. He also reg- the settlement funds and lands. To an- HATCH) announced that on today, Feb- istered as a lobbyist, but this was not the swer that question, ANCSA authorized ruary 7, 2018, he has signed the fol- central focus of the firm’s work. ‘‘None of us the creation of corporations, in which lowing enrolled bill, which was pre- [at the firm] wanted to be known as a lob- Alaska Natives are the sole share- viously signed by the Speaker of the byist,’’ he explained. ‘‘We wanted to be holders, to receive the funds and hold House: known as legislative craftsmen who know title to the selected lands. For the the process in the House and Senate and can most part, this corporate structure has S. 534. An act to prevent the sexual abuse of minors and amateur athletes by requiring achieve substantive results’’ (Dougherty proved to be very beneficial to the interview). Curtis and Sutcliffe eventually the prompt reporting of sexual abuse to law moved on, but Howard Feldman remained Alaska Native shareholders and to the enforcement authorities, and for other pur- with the firm, which became known as Van State of Alaska. poses. Ness Feldman. In this regard, I point to the Arctic In 1988 Van Ness returned to Seattle, open- Slope Regional Corporation, ASRC, f ing an office of the firm in the Emerald City which is owned by Alaska Native peo- the following year. Also in 1988 he became ple who have inhabited the North Slope MEASURES REFERRED president of the Henry M. Jackson Founda- of Alaska for thousands of years. With tion, a position he held until 2008. The foun- strong leadership from its share- The following bill was read the first dation, formed in 1983 after Jackson’s sudden and the second times by unanimous death, makes grants and develops initiatives holders, officers, and board members, in four areas reflecting issues that Jackson ASRC has grown into a multibillion consent, and referred as indicated: was involved in during his years in Congress: dollar enterprise that is Alaska’s larg- H.R. 4924. An act to amend the Congres- international affairs education, environ- est domestic company and that pro- sional Accountability Act of 1995 to reform mental and natural resource management, vides dividends to its nearly 13,000 the procedures provided under such Act for human rights, and public service. Since it Alaska Native shareholder, as well as the initiation, investigation, and resolution was established, the foundation has com- many jobs to shareholders and other of claims alleging that employing offices of mitted more than $22 million to nonprofit or- Alaskans. Bill Van Ness’s contribu- the legislative branch have violated the ganizations and educational institutions in rights and protections provided to their em- both the United States and Russia. tions as an author of ANCSA and later ployees under such Act, including protec- Van Ness also served on the Board of Di- as a private attorney representing tions against sexual harassment, and for rectors for the University of Washington ASRC were keys to ASRC’s success other purposes; to the Committee on Home- Medical School for nine years, during a time story. land Security and Governmental Affairs.

VerDate Sep 11 2014 05:43 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.052 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S703 MEASURES PLACED ON THE call a convention of the states to propose a convention of the states under art. V, Con- CALENDAR countermand amendment to the United stitution of the United States. States Constitution as provided under Arti- Copies of this resolution shall be sent to The following bill was read the first cle V; and urging the legislatures of the the Honorable Barack Obama, President of and second times by unanimous con- other 49 states to make the same applica- the United States; the Honorable Joseph R. sent, and placed on the calendar: tion; to the Committee on the Judiciary. Biden, Jr., Vice President of the United States and President of the U.S. Senate; the H.R. 219. An act to correct the Swan Lake LEGISLATIVE RESOLVE NO. 49 Honorable Paul D. Ryan, Speaker of the U.S. hydroelectric project survey boundary and to Whereas, the state’s sovereignty has been provide for the conveyance of the remaining House of Representatives; the Honorable infringed on by the federal government, in- Mitch McConnell, Majority Leader of the tract of land within the corrected survey cluding by the federal government’s recent boundary to the State of Alaska. U.S. Senate; the Honorable Julie E. Adams, denial of and refusal to work with state offi- Secretary of the U.S. Senate; the Honorable ENROLLED BILL PRESENTED cials on the construction of a lifesaving road Karen L. Haas, Clerk of the U.S. House of The Secretary of the Senate reported from King Cove to Cold Bay; and Representatives; the Honorable Lisa Mur- that on today, February 7, 2018, she had Whereas, the state’s right and duty to pro- kowski and the Honorable Dan Sullivan, U.S. presented to the President of the vide for the use, development, and conserva- Senators, and the Honorable Don Young, tion of natural resources for the maximum U.S. Representative, members of the Alaska United States the following enrolled benefit of the people has been continually in- bill: delegation in Congress; and the presiding of- fringed on by various federal agencies; and ficers of the legislatures of each of the other S. 534. An act to prevent the sexual abuse Whereas, the United States Congress has, 49 states. of minors and amateur athletes by requiring at times, exceeded its delegated powers, the the prompt reporting of sexual abuse to law President of the United States has, at times, POM–165. A resolution adopted by the Mu- enforcement authorities, and for other pur- exceeded the constitutional authority of the nicipal Legislature of Anasco, Puerto Rico poses. office of the President of the United States, opposing the Fair Tax Act of 2017 (H.R. 25); f and the federal courts have, at times, exceed- to the Committee on Finance. ed their authority by issuing decisions on EXECUTIVE REPORTS OF public policy matters reserved to the states POM–166. A petition from a citizen of the COMMITTEES in violation of the principles of federalism State of Texas relative to term limits for Federal judges; to the Committee on the Ju- The following executive reports of and separation of powers, all of which have adversely affected the state and its people; diciary. nominations were submitted: and f By Mr. CORKER for the Committee on Whereas, under the authority of art. V, Foreign Relations. Constitution of the United States, the sev- REPORTS OF COMMITTEES *Peter Hendrick Vrooman, of New York, a eral states should apply to the United States The following reports of committees Career Member of the Senior Foreign Serv- Congress to call a convention of the states to were submitted: ice, Class of Counselor, to be Ambassador Ex- amend the United States Constitution and By Mr. THUNE, from the Committee on traordinary and Plenipotentiary of the adopt a countermand amendment to author- Commerce, Science, and Transportation, United States of America to the Republic of ize the states, upon a vote of three-fifths of without amendment: Rwanda. the state legislatures, to nullify and repeal a S. 1621. A bill to require the Federal Com- Nominee: Peter Hendrick Vrooman. federal statute, executive order, judicial de- munications Commission to establish a Post: Kigali, Rwanda. cision, regulatory decision by a federal gov- methodology for the collection by the Com- The following is a list of all members of ernment agency, or government mandate im- mission of information about commercial my immediate family and their spouses. I posed on the states by law that adversely af- mobile service and commercial mobile data have asked each of these persons to inform fects the interests of the states, in order to service, and for other purposes (Rept. No. me of the pertinent contributions made by properly exercise the states’ constitutional 115–206). them. To the best of my knowledge, the in- authority to check federal power, preserve formation contained in this report is com- state sovereignty, and protect the rights of f plete and accurate. the states and the people; and INTRODUCTION OF BILLS AND Contribution, Amount, Date, and Donee: Whereas, the states have the authority to JOINT RESOLUTIONS 1. Self: none. define and limit the agenda of a convention 2. Spouse: Johnette Stubbs: none. to a single-issue ‘‘countermand amendment The following bills and joint resolu- 3. Children and Spouses: Zarah Vrooman convention’’ called for by the states as pro- tions were introduced, read the first Hendrick Vrooman: none. vided under art. V, Constitution of the and second times by unanimous con- 4. Parents: Sally Eaton Vrooman: none; United States; and sent, and referred as indicated: David H. Vrooman, Jr.: deceased. Whereas, the delegates sent by the states By Mrs. CAPITO (for herself, Ms. STA- 5. Grandparents: Dorothy Vrooman; David to a countermand amendment convention BENOW, Mr. WICKER, and Mr. MENEN- H. Vrooman, Sr.; Frances B. Eaton; Donald shall have the limited authority to delib- DEZ): Eaton: all deceased. erate on and decide whether the counter- S. 2387. A bill to provide better care and 6. Brothers and Spouses: (Jill Locke, sis- mand amendment, as preapproved by state outcomes for Americans living with Alz- ter-in-law): $100, 9/2/2014, Claire Snyder Hall; legislatures, should be sent back to the state heimer’s disease and related dementias and Eric D. Vrooman: none; Bruce M. Vrooman: legislatures for ratification: Now, therefore, their caregivers while accelerating progress none. be it toward prevention strategies, disease modi- 7. Sisters and Spouses: n/a. Resolved, That, under art. V, Constitution fying treatments, and, ultimately, a cure; to *Eric M. Ueland, of Oregon, to be an Under of the United States, the Alaska State Legis- the Committee on Finance. Secretary of State (Management). lature directs the United States Congress to By Mr. SANDERS (for himself, Ms. By Mr. BARRASSO for the Committee on call a single-issue convention of the states, HARRIS, Mr. MARKEY, and Mrs. GILLI- Environment and Public Works. called a ‘‘countermand amendment conven- BRAND): *Andrew Wheeler, of Virginia, to be Deputy tion,’’ for the sole purpose of deciding wheth- S. 2388. A bill to amend the Atomic Energy Administrator of the Environmental Protec- er the proposed countermand amendment Act of 1954 to provide for consultation with tion Agency. should be sent back to the state legislatures State, tribal, and local governments, the *Nomination was reported with rec- for ratification; and be it further consideration of State, tribal, and local con- ommendation that it be confirmed sub- Resolved, That the Alaska State Legisla- cerns, and the approval of post-shutdown de- ture directs the United States Congress to ject to the nominee’s commitment to commissioning activities reports by the Nu- convene the countermand amendment con- clear Regulatory Commission; to the Com- respond to requests to appear and tes- vention within 60 days after the date it re- mittee on Environment and Public Works. tify before any duly constituted com- ceives the 34th call for that convention from By Mr. TOOMEY (for himself, Mr. COT- mittee of the Senate. state legislatures; and be it further TON, Mr. CORNYN, and Mr. CRUZ): f Resolved, That this application constitutes S. 2389. A bill to amend title 18, United a continuing application in accordance with States Code, to require the impaneling of a PETITIONS AND MEMORIALS art. V, Constitution of the United States, new jury if a jury fails to recommend by The following petitions and memo- until at least two-thirds of the legislatures unanimous vote a sentence for conviction of rials were laid before the Senate and of the several states have applied for a simi- a crime punishable by death; to the Com- lar convention of the states; and be it fur- were referred or ordered to lie on the mittee on the Judiciary. ther By Ms. DUCKWORTH (for herself, Ms. table as indicated: Resolved, that the Alaska State Legislature SMITH, Mrs. FEINSTEIN, and Mr. POM–164. A joint resolution adopted by the urges the legislatures of the other 49 states KAINE): Legislature of the State of Alaska making to apply to the United States Congress to S. 2390. A bill to amend the Workforce In- application to the United States Congress to call a single-issue countermand amendment novation and Opportunity Act to support

VerDate Sep 11 2014 06:34 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.005 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 7, 2018 community college and industry partner- countability Office; to the Committee on (Mr. JONES) was added as a cosponsor ships, and for other purposes; to the Com- Homeland Security and Governmental Af- of S. 339, a bill to amend title 10, mittee on Health, Education, Labor, and fairs. United States Code, to repeal the re- Pensions. By Mr. GRASSLEY: quirement for reduction of survivor an- By Mr. COTTON (for himself, Mr. COR- S. 2401. A bill to amend the Congressional nuities under the Survivor Benefit NYN, and Mr. RUBIO): Accountability Act of 1995 to reform the pro- S. 2391. A bill to prohibit the United States cedures provided under such Act for the ini- Plan by veterans’ dependency and in- Government from using or contracting with tiation, investigation, and resolution of demnity compensation, and for other an entity that uses certain telecommuni- claims alleging that employing offices of the purposes. cations services or equipment, and for other legislative branch have violated the rights S. 732 and protections provided to their employees purposes; to the Committee on Homeland Se- At the request of Mr. BOOZMAN, the under such Act, including protections curity and Governmental Affairs. name of the Senator from New Hamp- By Mr. DAINES: against sexual harassment, and for other S. 2392. A bill to amend the Homeland Se- purposes; to the Committee on Homeland Se- shire (Mrs. SHAHEEN) was added as a co- curity Act of 2002 to authorize the Secretary curity and Governmental Affairs. sponsor of S. 732, a bill to amend the of Homeland Security to designate cyberse- f Internal Revenue Code of 1986 to allow curity technologies that qualify for protec- a refundable tax credit against income tion under systems of risk and litigation SUBMISSION OF CONCURRENT AND tax for the purchase of qualified access management; to the Committee on Home- SENATE RESOLUTIONS technology for the blind. land Security and Governmental Affairs. The following concurrent resolutions S. 819 By Mr. COONS (for himself, Mr. KEN- and Senate resolutions were read, and At the request of Mrs. MURRAY, the NEDY, Mr. TILLIS, Mr. CORKER, and referred (or acted upon), as indicated: Mr. BOOKER): name of the Senator from Minnesota S. 2393. A bill to amend title 17, United By Mr. THUNE (for himself, Mr. (Ms. SMITH) was added as a cosponsor States Code, to provide Federal protection to HATCH, Mr. BENNET, Ms. KLOBUCHAR, of S. 819, a bill to amend the Fair the digital audio transmission of a sound re- and Mr. GARDNER): Labor Standards Act of 1938 to provide cording fixed before February 15, 1972, and S. Res. 395. A resolution expressing the more effective remedies to victims of for other purposes; to the Committee on the sense of the Senate that ambush marketing adversely affects the United States Olympic discrimination in the payment of Judiciary. wages on the basis of sex, and for other By Mr. HATCH: and Paralympic teams; to the Committee on S. 2394. A bill to amend the Higher Edu- Commerce, Science, and Transportation. purposes. cation Act of 1965 to ensure that public insti- By Mrs. SHAHEEN (for herself, Mrs. S. 1027 tutions of higher education protect expres- ERNST, Mrs. GILLIBRAND, Ms. STABE- At the request of Mr. HATCH, the sive activities in the outdoor areas on cam- NOW, Mr. SANDERS, Ms. HASSAN, Mr. names of the Senator from Mississippi pus; to the Committee on Health, Education, VAN HOLLEN, Ms. CORTEZ MASTO, Ms. (Mr. WICKER), the Senator from Michi- BALDWIN, Ms. WARREN, Mr. TILLIS, Labor, and Pensions. gan (Mr. PETERS) and the Senator from By Mr. SCHATZ (for himself, Mr. CAS- Ms. KLOBUCHAR, Mr. WYDEN, Mr. Minnesota (Ms. SMITH) were added as SIDY, and Mr. REED): ISAKSON, Mr. SCOTT, Mr. DAINES, Ms. S. 2395. A bill to amend title 54, United SMITH, and Mr. BURR): cosponsors of S. 1027, a bill to extend States Code, to authorize the provision of S. Res. 396. A resolution to establish a spe- the Secure Rural Schools and Commu- technical assistance under the Preserve cial committee of the Senate to address sex- nity Self-Determination Act of 2000. America Program and to direct the Sec- ual abuse within United States Olympic S. 1161 Gymnastics; to the Committee on Rules and retary of the Interior to enter into partner- At the request of Ms. DUCKWORTH, Administration. ships with communities adjacent to units of the name of the Senator from New the National Park System to leverage local By Mrs. MURRAY (for herself, Ms. COL- HAHEEN cultural heritage tourism assets; to the Com- LINS, Ms. BALDWIN, Mrs. FEINSTEIN, Hampshire (Mrs. S ) was added mittee on Energy and Natural Resources. Mr. WYDEN, Ms. STABENOW, Mr. as a cosponsor of S. 1161, a bill to By Ms. HARRIS (for herself, Mr. SAND- COONS, Ms. CANTWELL, Ms. HASSAN, amend title 38, United States Code, to ERS, Mr. MARKEY, and Mrs. GILLI- Ms. KLOBUCHAR, Mr. KING, Mr. eliminate copayments by the Depart- BRAND): PETERS, Mr. DURBIN, Mr. MURPHY, ment of Veterans Affairs for medicines S. 2396. A bill to amend the Atomic Energy Mr. CASEY, and Mr. ISAKSON): relating to preventative health serv- Act of 1954 to prohibit certain waivers and S. Res. 397. A resolution designating the ices, and for other purposes. exemptions from emergency preparedness week of February 5 through February 9, 2018, S. 1352 and response and security regulations; to the as ‘‘National School Counseling Week’’; con- Committee on Environment and Public sidered and agreed to. At the request of Ms. CANTWELL, the Works. By Mrs. FEINSTEIN (for herself, Mr. name of the Senator from Michigan By Ms. HASSAN: THUNE, Mr. NELSON, Ms. COLLINS, Ms. (Ms. STABENOW) was added as a cospon- S. 2397. A bill to direct the Secretary of WARREN, and Mr. DURBIN): sor of S. 1352, a bill to establish a tax Homeland Security to establish a data S. Res. 398. A resolution supporting the ob- credit for on-site apprenticeship pro- framework to provide access for appropriate servation of ‘‘National Girls & Women in grams, and for other purposes. personnel to law enforcement and other in- Sports Day’’ on February 7, 2018, to raise formation of the Department, and for other awareness of and celebrate the achievements S. 1361 purposes; to the Committee on Homeland Se- of girls and women in sports; considered and At the request of Mr. CRAPO, the curity and Governmental Affairs. agreed to. name of the Senator from Louisiana By Mr. HOEVEN: By Mr. TOOMEY (for himself and Mr. (Mr. CASSIDY) was added as a cosponsor S. 2398. A bill to amend title 31, United CASEY): of S. 1361, a bill to amend title XVIII of States Code, to provide that activities relat- S. Res. 399. A resolution congratulating the the Social Security Act to allow physi- Philadelphia Eagles on their triumph in ing to the training and readiness of the re- cian assistants, nurse practitioners, serve components of the Armed Forces dur- Super Bowl LII; considered and agreed to. and clinical nurse specialists to super- ing a lapse in appropriations shall constitute f voluntary services that may be accepted by vise cardiac, intensive cardiac, and pul- the United States; to the Committee on ADDITIONAL COSPONSORS monary rehabilitation programs. Armed Services. S. 294 S. 1652 By Mr. MURPHY: At the request of Mr. NELSON, the At the request of Mrs. MURRAY, the S. 2399. A bill to require the Secretary of name of the Senator from Louisiana name of the Senator from Minnesota the Treasury to mint coins in recognition of (Ms. SMITH) was added as a cosponsor American innovation and significant innova- (Mr. KENNEDY) was added as a cospon- tion and pioneering efforts of individuals or sor of S. 294, a bill to amend the Fed- of S. 1652, a bill to amend the Fair groups from each of the 50 States, the Dis- eral Food, Drug, and Cosmetic Act to Labor Standards Act of 1938 and the trict of Columbia, and the United States ter- clarify the Food and Drug Administra- Portal-to-Portal Act of 1947 to prevent ritories, to promote the importance of inno- tion’s jurisdiction over certain tobacco wage theft and assist in the recovery of vation in the United States, the District of products, and to protect jobs and small stolen wages, to authorize the Sec- Columbia, and the United States territories, businesses involved in the sale, manu- retary of Labor to administer grants to and for other purposes; to the Committee on facturing and distribution of tradi- prevent wage and hour violations, and Banking, Housing, and Urban Affairs. tional and premium cigars. for other purposes. By Mrs. MCCASKILL (for herself and S 1808 Mr. JOHNSON): S. 339 . S. 2400. A bill to eliminate or modify cer- At the request of Mr. NELSON, the At the request of Ms. BALDWIN, the tain audit mandates of the Government Ac- name of the Senator from Alabama name of the Senator from Connecticut

VerDate Sep 11 2014 05:43 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.012 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S705 (Mr. BLUMENTHAL) was added as a co- support drinking water and clean water There being no objection, the text of sponsor of S. 1808, a bill to extend tem- State revolving funds to deliver water the bill was ordered to be printed in porarily the Federal Perkins Loan pro- infrastructure to communities across the RECORD, as follows: gram, and for other purposes. the United States, and for other pur- S. 2392 S. 1917 poses. Be it enacted by the Senate and House of Rep- At the request of Mr. GRASSLEY, the f resentatives of the United States of America in Congress assembled, names of the Senator from North Caro- STATEMENTS ON INTRODUCED lina (Mr. BURR), the Senator from BILLS AND JOINT RESOLUTIONS SECTION 1. SHORT TITLE. Delaware (Mr. COONS), the Senator This Act may be cited as the ‘‘Cyber Sup- By Mr. DAINES: from Kansas (Mr. ROBERTS), the Sen- port for Anti-Terrorism by Fostering Effec- S. 2392. A bill to amend the Homeland tive Technologies Act of 2018’’ or the ‘‘Cyber ator from Michigan (Mr. PETERS), the Security Act of 2002 to authorize the SAFETY Act of 2018’’. Senator from Iowa (Mrs. ERNST) and Secretary of Homeland Security to des- SEC. 2. INCLUSION OF QUALIFYING CYBER INCI- the Senator from Pennsylvania (Mr. ignate cybersecurity technologies that DENTS. CASEY) were added as cosponsors of S. qualify for protection under systems of Subtitle G of title VIII of the Homeland 1917, a bill to reform sentencing laws risk and litigation management; to the Security Act of 2002 (6 U.S.C. 441 et seq.) is and correctional institutions, and for amended— Committee on Homeland Security and other purposes. (1) in section 862(b) (6 U.S.C. 441(b))— Governmental Affairs. (A) in the heading, by striking ‘‘DESIGNA- S. 2174 Mr. DAINES. Mr. President, in recent TION OF QUALIFIED ANTI-TERRORISM TECH- OUNG At the request of Mr. Y , the years we have seen the inability of the NOLOGIES’’ and inserting ‘‘DESIGNATION OF name of the Senator from Virginia (Mr. Federal government to quickly adapt ANTI-TERRORISM AND CYBERSECURITY TECH- WARNER) was added as a cosponsor of S. to changing technology and evolving NOLOGIES’’; 2174, a bill to direct the Secretary of cyber security threats. In June of 2015 (B) in the matter preceding paragraph (1), Veterans Affairs to conduct a study on the Office of Personnel Management by inserting ‘‘or cybersecurity’’ after ‘‘anti- the Veterans Crisis Line. (OPM) announced it had fallen victim terrorism’’; (C) in paragraphs (3), (4), and (5), by insert- S. 2214 to a major cyber breach, compromising the personally identifiable information ing ‘‘or cybersecurity’’ after ‘‘anti-ter- At the request of Mr. ENZI, the names rorism’’ each place that term appears; and of the Senator from Wyoming (Mr. of more than 22 million current and (D) in paragraph (7)— BARRASSO) and the Senator from Kan- former Federal employees, including (i) by inserting ‘‘or cybersecurity’’ after sas (Mr. ROBERTS) were added as co- myself. Seven months later, nearly half ‘‘Anti-terrorism’’; and sponsors of S. 2214, a bill to amend title a million more Americans had their so- (ii) by inserting ‘‘or qualifying cyber inci- XVIII of the Social Security Act to cial security numbers stolen when the dents’’ after ‘‘acts of terrorism’’; provide for the recognition of attend- Internal Revenue Service was hacked. (2) in section 863 (6 U.S.C. 442)— (A) by inserting ‘‘or cybersecurity’’ after ing physician assistants as attending We found out last year that the U.S. Securities and Exchange Commission ‘‘anti-terrorism’’ each place that term ap- physicians to serve hospice patients, pears; and for other purposes. had been hacked in 2016. (B) by inserting ‘‘or qualifying cyber inci- I spent 28 years in the private sector, S. 2295 dent’’ after ‘‘act of terrorism’’ each place 12 years with a global cloud computing that term appears; At the request of Mr. SCHATZ, the company. We faced new cyber threats name of the Senator from Virginia (Mr. (C) by inserting ‘‘or qualifying cyber inci- daily and our customers expected secu- dents’’ after ‘‘acts of terrorism’’ each place KAINE) was added as a cosponsor of S. rity. We delivered, not once was our that term appears; and 2295, a bill to increase the rates of pay data compromised. (D) in subsection (d)(3)— under the General Schedule and other I know firsthand that industry has (i) by striking ‘‘(3) CERTIFICATE.—’’ and in- statutory pay systems and for pre- the talent and the incentive to revolu- serting the following: ‘‘(3) CERTIFICATES.— vailing rate employees by 3.0 percent, tionize cyber security and keep their ‘‘(A) CERTIFICATES FOR ANTI-TERRORISM and for other purposes. information systems secure. The Fed- TECHNOLOGIES.—’’; and (ii) by adding at the end the following: S. 2335 eral government should unbridle the ‘‘(B) CERTIFICATES FOR CYBERSECURITY At the request of Mr. ROUNDS, the private sector whenever possible, uti- TECHNOLOGIES.— name of the Senator from Idaho (Mr. lizing their expertise, learning from ‘‘(i) IN GENERAL.—For cybersecurity tech- RISCH) was added as a cosponsor of S. their best practices, and facilitating nology reviewed and approved by the Sec- 2335, a bill to authorize the Secretary their innovation. retary, the Secretary will issue a certificate of the Interior and the Secretary of Ag- That is why I am introducing the of conformance to the Seller and place the riculture to issue permits for recre- Cyber Support for Anti-Terrorism by cybersecurity technology on an Approved ation services on lands managed by Fostering Effective Technologies Act Product List for Homeland Security. ‘‘(ii) SUBSEQUENT REVIEW.—Not less fre- Federal agencies, and for other pur- or the Cyber SAFETY Act. Since 2002, the Department of Homeland Secu- quently than once every 2 years, the Sec- poses. retary shall conduct a new review of any cy- S. 2360 rity’s existing SAFETY Act program bersecurity technology for which the Sec- has successfully incentivized the pri- At the request of Ms. HEITKAMP, the retary issued a certification under clause names of the Senator from Massachu- vate sector’s development and deploy- (i).’’; ment of anti-terrorism and security (3) in section 864 (6 U.S.C. 443)— setts (Ms. WARREN) and the Senator technologies through limited liability (A) by inserting ‘‘or cybersecurity’’ after from West Virginia (Mr. MANCHIN) were protections. It has ensured the threat ‘‘anti-terrorism’’ each place that term ap- added as cosponsors of S. 2360, a bill to of litigation does not deter entre- pears; and provide for the minimum size of crews preneurs from developing and commer- (B) by inserting ‘‘or qualifying cyber inci- of freight trains, and for other pur- dent’’ after ‘‘act of terrorism’’ each place cializing products and services that poses. that term appears; and protect lives and infrastructure. This (4) in section 865 (6 U.S.C. 444)— S. 2364 legislation will simply expand the ap- (A) in paragraph (1)— OOZMAN At the request of Mr. B , the plicability of the program to ensure (i) in the heading, by inserting ‘‘OR CYBER- names of the Senator from Mississippi that cyber security firms can qualify SECURITY’’ after ‘‘ANTI-TERRORISM’’; (Mr. COCHRAN), the Senator from West for these same protections. It will en- (ii) by inserting ‘‘or cybersecurity’’ after Virginia (Mrs. CAPITO), the Senator able cyber security firms to innovate ‘‘anti-terrorism’’; from Pennsylvania (Mr. CASEY) and the and commercialize new technologies (iii) by inserting ‘‘or qualifying cyber inci- Senator from Wisconsin (Ms. BALDWIN) without a technology mandate. dents’’ after ‘‘acts of terrorism’’; and were added as cosponsors of S. 2364, a I ask my Senate colleagues to join (iv) by inserting ‘‘or incidents’’ after ‘‘such bill to amend the Water Infrastructure acts’’; and me in support of this important legisla- (B) by adding at the end the following: Finance and Innovation Act of 2014 to tion. ‘‘(7) QUALIFYING CYBER INCIDENT.—The term provide to State infrastructure financ- Mr. President, I ask unanimous con- ‘qualifying cyber incident’ has the meaning ing authorities additional opportuni- sent that the text of the bill be printed given the term ‘incident’ in section 3552(b) of ties to receive loans under that Act to in the RECORD. title 44, United States Code.

VerDate Sep 11 2014 05:43 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.015 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 7, 2018 ‘‘(8) FINAL AGENCY ACTION.—The determina- country, and in associated offices, such SUBMITTED RESOLUTIONS tion by the Secretary that an act of ter- as the Capitol Police. Thanks to the rorism or qualifying cyber incident has oc- Congressional Accountability Act, curred shall constitute a final agency action SENATE RESOLUTION 395—EX- subject to review under chapter 7 of title 5, these legislative employees are covered PRESSING THE SENSE OF THE United States Code.’’. by over a dozen Federal workplace SENATE THAT AMBUSH MAR- laws, including provisions that man- KETING ADVERSELY AFFECTS By Mr. GRASSLEY: date minimum wage and regulate over- S. 2401. A bill to amend the Congres- THE UNITED STATES OLYMPIC time; make accommodations for work- sional Accountability Act of 1995 to re- AND PARALYMPIC TEAMS form the procedures provided under ers with disabilities; spell out anti-dis- Mr. THUNE (for himself, Mr. HATCH, such Act for the initiation, investiga- criminatory policies for workers based Mr. BENNET, Ms. KLOBUCHAR, and Mr. tion, and resolution of claims alleging on race, color, religion, sex, national GARDNER) submitted the following res- that employing offices of the legisla- origin, age, disability or military serv- olution; which was referred to the tive branch have violated the rights ice; guarantee family and medical Committee on Commerce, Science, and and protections provided to their em- leave; require hazard-free workplaces; Transportation. ployees under such Act, including pro- clarify collective bargaining rights for S. RES. 395 tections against sexual harassment, union members; and explain rules Whereas the 2018 Olympic and Paralympic Winter Games will occur on February 9, 2018, and for other purposes; to the Com- about lie detector tests for employees. mittee on Homeland Security and Gov- through February 25, 2018, and March 9, 2018, through March 18, 2018, respectively, in ernmental Affairs. The legislation I’m introducing today makes significant reforms, in three PyeongChang, South Korea; Mr. GRASSLEY. Mr. President, two Whereas approximately 3,000 athletes rep- decades ago, I championed passage of areas, to the Congressional Account- resenting 90 nations across 7 sports are ex- the Congressional Accountability Act. ability Act (CAA). The purpose of these pected at the Olympic Winter Games It was the first piece of legislation reforms is to enhance transparency, en- PyeongChang 2018 and 670 athletes rep- passed by the 104th Congress and the sure accountability, and promote a resenting approximately 45 nations across 5 first time in history that Congressional more respectful work climate in both sports at the Paralympic Winter Games employees enjoyed any legal protec- PyeongChang 2018; chambers of Congress. Whereas American athletes have spent tions relating to harassment and dis- First, this legislation would stream- countless days, months, and years training crimination. line and enhance the dispute resolution to earn a spot on the United States Olympic Today, I am introducing a measure or Paralympic teams; to update and improve this landmark process for Congressional staff and in- Whereas the Ted Stevens Olympic and legislation. I call on my colleagues to terns. For example, it would enable Amateur Sports Act (36 U.S.C. 220501 et support these proposed reforms, which Congressional employees to have ac- seq.)— already have passed the House of Rep- cess to an advocate who can offer as- (1) established the United States Olympic resentatives. Doing so will promote Committee as the coordinating body for all sistance in proceedings before the Con- Olympic and Paralympic athletic activity in greater transparency, accountability, gressional Office of Compliance. It the United States; and an improved work climate in the would require that every Congressional (2) gave the United States Olympic Com- halls of Congress. office adopt an anti-harassment policy. mittee the exclusive right in the United For decades before the enactment of States to use the words ‘‘Olympic’’, ‘‘Olym- It would make it optional, not manda- the original Congressional Account- piad’’, ‘‘Paralympic’’, and ‘‘Paralympiad’’, tory, for staffers complaining of har- ability Act, our branch of government the emblem of the United States Olympic Committee, and the symbols of the Inter- adopted legislation setting workplace assment to engage in mediation. And it would institute a periodic survey of national Olympic Committee and the Inter- safety, civil rights, labor and health national Paralympic Committee; and policies that directly impacted workers employees to assess attitudes about (3) empowered the United States Olympic and employers in our hometown com- harassment in Congress. Committee to authorize sponsors that con- munities. Until 1995, Congress was ex- Second, this legislation would make tribute to the United States Olympic or empt from these Federal laws, which Paralympic teams to use any trademark, Congressional lawmakers personally symbol, insignia, or emblem of the Inter- meant that Congressional staff enjoyed liable for their harassment of employ- national Olympic Committee, the Inter- none of the employment protections ees and interns. It imposes a 90-day national Paralympic Committee, the Pan- that applied to private sector and exec- deadline by which Congressional law- American Sports Organization, or the United utive branch employees. States Olympic Committee; makers must reimburse the Treasury Because Members of Congress are Whereas Team USA is significantly funded elected to represent the people, it for awards or settlements of harass- by 35 sponsors who ensure that the United seemed to me rather disingenuous that ment claims. It bars the use of official States has the best Olympic and Paralympic the people’s branch had authored laws House or Senate funds to cover a set- teams possible; that applied to the men and women on tlement of a harassment claim. It also Whereas in recent years, a number of enti- Main Street but didn’t apply to the ensures the automatic referral of har- ties in the United States have engaged in marketing strategies that appear to affiliate members of Congress who wrote them. assment claims against a lawmaker to themselves with the Olympic and Why shouldn’t Congress be held to the the Ethics Committee. Paralympic Games without becoming official same set of standards as everyone else? Third, and finally, this measure sponsors of Team USA; That’s what prompted me to cham- Whereas any ambush marketing in viola- would increase public transparency of pion the development of the original, tion of the Lanham Act (15 U.S.C. 1051 et bipartisan Congressional Account- Congressional settlement awards. It seq.) undermines sponsorship activities and ability Act. does so by ensuring that detailed infor- creates consumer confusion around official My initial good government effort mation on awards and settlements will Olympic and Paralympic sponsors; and wasn’t met with open arms on Capitol be reported twice a year and posted on- Whereas ambush marketing impedes the goals of the Ted Stevens Olympic and Ama- Hill. It took tremendous effort and half line. teur Sports Act (36 U.S.C. 220501 et seq.) to a dozen years to secure enough support These reforms are overdue, and I urge fund the United States Olympic and to pass these reforms. The Congres- my colleagues to join me in supporting Paralympic teams through official sponsor- sional Accountability Act finally the immediate passage of the Congres- ships: Now, therefore, be it passed when Republicans gained major- Resolved, That it is the sense of the Senate sional Accountability Act of 1995 Re- ity control of both houses of Congress that— for the first time in four decades. form Act. I also want to take this op- (1) official sponsor support is critical to the success of Team USA at all international President Bill Clinton signed this legis- portunity to thank Congressman GREGG HARPER for introducing and competitions; and lation on January 23, 1995. (2) ambush marketing adversely affects the The Federal legislative branch em- championing the passage of very simi- United States Olympic and Paralympic ploys tens of thousands of workers on lar legislation in the House of Rep- teams and their ability to attract and retain Capitol Hill, in state offices around the resentatives earlier this week. corporate sponsorships.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.020 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S707 SENATE RESOLUTION 396—TO ES- (3) VACANCIES.—Any vacancy in the mem- special committee, the special committee TABLISH A SPECIAL COMMITTEE bership of the special committee shall— shall use such funds as necessary to carry OF THE SENATE TO ADDRESS (A) not affect the authority of the remain- out the duties of the special committee. SEXUAL ABUSE WITHIN UNITED ing members to execute the functions of the f special committee; and STATES OLYMPIC GYMNASTICS (B) be filled in the same manner as original SENATE RESOLUTION 397—DESIG- Mrs. SHAHEEN (for herself, Mrs. appointments to the special committee are NATING THE WEEK OF FEB- ERNST, Mrs. GILLIBRAND, Ms. STABE- made. RUARY 5 THROUGH FEBRUARY 9, NOW, Mr. SANDERS, Ms. HASSAN, Mr. (4) SERVICE.—For the purpose of paragraph 2018, AS ‘‘NATIONAL SCHOOL VAN HOLLEN, Ms. CORTEZ MASTO, Ms. 4 of rule XXV of the Standing Rules of the COUNSELING WEEK’’ BALDWIN, Ms. WARREN, Mr. TILLIS, Ms. Senate, service of a Senator as a member, chair, or vice chair of the special committee Mrs. MURRAY (for herself, Ms. COL- KLOBUCHAR, Mr. WYDEN, Mr. ISAKSON, shall not be taken into account. LINS, Ms. BALDWIN, Mrs. FEINSTEIN, Mr. Mr. SCOTT, Mr. DAINES, Ms. SMITH, and (b) CHAIR AND VICE CHAIR.— WYDEN, Ms. STABENOW, Mr. COONS, Ms. Mr. BURR) submitted the following res- (1) IN GENERAL.—The chair of the special CANTWELL, Ms. HASSAN, Ms. KLO- olution; which was referred to the committee shall be selected by the Majority BUCHAR, Mr. KING, Mr. PETERS, Mr. Committee on Rules and Administra- Leader of the Senate and the vice chair of DURBIN, Mr. MURPHY, Mr. CASEY, and tion: the special committee shall be selected by Mr. ISAKSON) submitted the following S. RES. 396 the Minority Leader of the Senate. resolution; which was considered and Resolved, (2) VICE CHAIR DUTIES.—The vice chair shall discharge such responsibilities as the special agreed to: SECTION 1. ESTABLISHMENT OF THE SPECIAL S. RES. 397 COMMITTEE. committee or the chair may assign. (a) ESTABLISHMENT.—There is established a SEC. 3. AUTHORITY OF SPECIAL COMMITTEE. Whereas the American School Counselor special committee of the Senate to be known (a) IN GENERAL.—For the purposes of this Association has designated February 5 as the Special Committee to Investigate Sex- resolution, the special committee may— through 9, 2018, as ‘‘National School Coun- ual Abuse Within United States Olympic (1) make expenditures from the contingent seling Week’’; Gymnastics (hereafter in this resolution re- fund of the Senate; Whereas school counselors have long advo- ferred to as the ‘‘special committee’’). (2) employ personnel; cated for equal opportunities for all stu- (b) PURPOSE.—The purpose of the special (3) hold hearings; dents; committee is— (4) sit and act at any time or place during Whereas school counselors help develop (1) to investigate the United States Olym- the sessions, recesses, and adjourned periods well-rounded students by guiding students pic Committee and national sports governing of the Senate; through academic, social and emotional, and bodies, including USA Gymnastics, and de- (5) require, by subpoena or otherwise, the career development; termine the extent to which these organiza- attendance of witnesses and the production Whereas personal and social growth results tions were complicit in the criminal or neg- of correspondence, books, papers, and docu- in increased academic achievement; ligent behavior of their employees relating ments; Whereas school counselors play a vital role to sexual abuse; (6) take depositions and other testimony; in ensuring that students are ready for both (2) to identify and recommend solutions to (7) issue interim reports, as necessary; college and careers; the systemic failures at the United States (8) procure the services of individual con- Whereas school counselors play a vital role Olympic Committee and national sports gov- sultations or organizations thereof in ac- in making students aware of opportunities erning bodies, including USA Gymnastics, cordance with the provisions of section 202(i) for financial aid and college scholarships; that allowed for pervasive sexual abuse to of the Legislative Reorganization Act of 1946 Whereas school counselors assist with and continue for decades; (2 U.S.C. 4301(i)); and coordinate efforts to foster a positive school (3) to identify actions that must be taken (9) with the prior consent of the Federal climate, resulting in a safer learning envi- by the United States Olympic Committee department or agency concerned and the ronment for all students; and national sports governing bodies, includ- Committee on Rules and Administration, use Whereas school counselors have been in- ing USA Gymnastics, to ensure increased on a nonreimbursable basis the services of strumental in helping students, teachers, transparency and protections for children, personnel of the Federal department or agen- and parents deal with personal trauma as athletes, and their families; cy. well as tragedies in their communities and (4) to make such findings of fact as are (b) OATHS FOR WITNESSES.—The chair or the United States; warranted and appropriate; and any member of the special committee may Whereas students face myriad challenges (5) to make such recommendations, includ- administer oaths to witnesses. every day, including peer pressure, bullying, ing recommendations for new legislation and (c) SUBPOENAS.—A subpoena authorized by mental health issues, the deployment of fam- amendments to existing laws and any admin- the special committee may be— ily members to serve in conflicts overseas, istrative or other actions, as the special (1) issued over the signature of— and school violence; committee may determine to be necessary or (A) the chair after consultation with the Whereas a school counselor is one of the desirable. vice chair; or few professionals in a school building who is (c) LIMITATION.—No proposed legislation (B) any member of the special committee trained in both education and social and shall be referred to the special committee, designated by the chair after consultation emotional development; and the special committee shall not have with the vice chair; and Whereas the roles and responsibilities of power to report by bill or otherwise have leg- (2) served by any person designated by the school counselors are often misunderstood; islative jurisdiction. chair or the member signing the subpoena. Whereas the school counselor position is (d) TREATMENT AS STANDING COMMITTEE.— (d) ACCESS OF MEMBERS TO INFORMATION.— often among the first to be eliminated to For purposes of paragraphs 1, 2, 7(a)(1), Each member of the special committee shall meet budgetary constraints; 7(a)(2), and 10(a) of rule XXVI and rule XXVII have equal and unimpeded access to informa- Whereas the national average ratio of stu- of the Standing Rules of the Senate, and sub- tion collected or otherwise obtained by the dents to school counselors is 482 to 1, almost sections (i) and (j) of section 202 of the Legis- special committee. twice the 250 to 1 ratio recommended by the lative Reorganization Act of 1946 (2 U.S.C. SEC. 4. REPORT AND TERMINATION. American School Counselor Association, the 4301), the special committee shall be treated (a) REPORT.—The special committee shall National Association for College Admission as a standing committee of the Senate. report the findings of the special committee, Counseling, and other organizations; and SEC. 2. MEMBERSHIP AND ORGANIZATION OF together with such recommendations as the Whereas the celebration of National THE SPECIAL COMMITTEE. special committee deems advisable, to the School Counseling Week will increase aware- (a) MEMBERSHIP.— Senate not later than the last day of the ness of the important and necessary role (1) IN GENERAL.—The special committee first session of the 116th Congress. school counselors play in the lives of stu- shall consist of 8 members of the Senate, of (b) RECORDS.—Upon termination of the spe- dents in the United States: Now, therefore, whom— cial committee, all records, files, documents, be it (A) 4 shall be appointed by the President and other materials in the possession, cus- Resolved, That the Senate— pro tempore of the Senate from the majority tody, or control of the special committee (1) designates the week of February 5 party of the Senate upon the recommenda- shall be transferred to the Secretary of the through 9, 2018, as ‘‘National School Coun- tion of the Majority Leader of the Senate; Senate under appropriate conditions estab- seling Week’’; and and lished by the special committee, including (2) encourages the people of the United (B) 4 shall be appointed by the President conditions to protect information under the States to observe National School Coun- pro tempore of the Senate from the minority HIPAA privacy and security law, as defined seling Week with appropriate ceremonies party of the Senate upon the recommenda- in section 3009(a) of the Public Health Serv- and activities that promote awareness of the tion of the Minority Leader of the Senate. ice Act (42 U.S.C. 300jj–19(a)). role school counselors play in schools and (2) COMPOSITION.—Not less than 4 of the SEC. 5. FUNDING. the community at large in preparing stu- members appointed under paragraph (1) shall From the date on which this resolution is dents for fulfilling lives as contributing be women. agreed to through the termination of the members of society.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.024 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S708 CONGRESSIONAL RECORD — SENATE February 7, 2018 SENATE RESOLUTION 398—SUP- Whereas, with the beginning of the 2018 We honor athletes like Althea Gib- PORTING THE OBSERVATION OF Winter Olympics in South Korea, it is more son, who was the first African-Amer- ‘‘NATIONAL GIRLS & WOMEN IN important than ever to ensure the safety and ican athlete to break down racial bar- SPORTS DAY’’ ON FEBRUARY 7, well-being of athletes by protecting those riers in international tennis and who, athletes from the crime of sexual abuse, 2018, TO RAISE AWARENESS OF which has harmed so many young athletes in 1956, became the first person of color AND CELEBRATE THE ACHIEVE- within youth athletic organizations: Now, to win a Grand Slam tennis title with MENTS OF GIRLS AND WOMEN IN therefore, be it her victory at the French Open. SPORTS Resolved, That the Senate supports— We celebrate ‘‘Babe’’ Didrikson Mrs. FEINSTEIN (for herself, Mr. (1) observing ‘‘National Girls & Women in Zaharias, who, in addition to the Olym- Sports Day’’ on February 7, 2018, to recog- THUNE, Mr. NELSON, Ms. COLLINS, Ms. pic medals she won at the 1932 Olympic nize— Games in track and field, challenged WARREN, and Mr. DURBIN) submitted (A) the female athletes who represent the following resolution; which was schools, universities, and the United States conventions in the sport of golf to be- considered and agreed to: in their athletic pursuits; and come the first woman in history who S. RES. 398 (B) the vital role that the people of the attempted to qualify in the U.S. Open tournament. Whereas athletic participation helps de- United States have in empowering girls and velop self-discipline, initiative, confidence, women in sports; We salute Wilma Rudolph, who in the and leadership skills, and opportunities for (2) marking the observation of National 1960s was considered the fastest woman athletic participation should be available to Girls & Women in Sports Day with appro- in the world and, with her performance all individuals; priate programs and activities, including legislative efforts to protect young athletes at the 1960 Olympic Games, was the Whereas, because the people of the United first American woman to achieve three States remain committed to protecting from the crime of sexual abuse so that future generations of female athletes will not have gold medals at any single Olympics equality, it is imperative to eliminate the event in history. existing disparities between male and female to experience the pain that so many female youth athletic programs; athletes have had to endure; and Each of these women faced tremen- Whereas the share of athletic participation (3) all ongoing efforts to— dous difficulties to break down barriers opportunities of high school girls has in- (A) promote equality in sports and access in their respective sports to change not creased more than sixfold since the passage to athletic opportunities for girls and women; and just the culture of sports in our Nation, of title IX of the Education Amendments of but ultimately, to improve our coun- 1972 (20 U.S.C. 1681 et seq.) (referred to in this (B) support the commitment of the United States to expanding athletic participation try. Their names were inscribed in preamble as ‘‘title IX’’), but high school girls sports history, and in the process they still experience— for all girls and future generations of women (1) a lower share of athletic participation athletes. became positive role models for entire opportunities than high school boys; and Mrs. FEINSTEIN. Mr. President, I generations of female athletes who (2) a lower level of athletic participation rise to introduce a Senate Resolution continue to inspire us all with their opportunities than high school boys enjoyed recognizing February 7, 2018 as ‘‘Na- talents. Finally, this resolution recog- almost 50 years ago; tional Girls & Women in Sports Day’’. nizes the importance of supporting Whereas female participation in college Since the passage of Title IX of the girls and women in sports by holding to sports has nearly tripled since the passage of account those who use their positions title IX, but female college athletes still Education Amendments of 1972, our Na- only comprise 44 percent of the total colle- tion has taken many big steps toward of power—both individual and institu- giate athlete population; achieving equality for women in our tional in nature—to abuse and exploit. Whereas, in 1972, women coached more Nation’s athletic institutions. In fact, Mr. President, our Nation continues than 90 percent of collegiate women’s teams, since then, participation by high to struggle with the revelations that but now women coach less than 50 percent of school girls in athletic programs has hundreds of young female athletes were all collegiate women teams, and there is a increased more than six fold. And in sexually abused within USA Gym- need to restore women to those positions to college sports, participation by women nastics affiliated institutions. The sto- ensure fair representation and provide role ries of these survivors, who endured models for young female athletes; athletes has nearly tripled since the Whereas the long history of women in passage of Title IX. such horrific abuse at the hands of pro- sports in the United States— However, many disparities still exist fessionals entrusted to develop their (1) features many contributions made by between male and female athletic pro- athletic talents, are absolutely heart- female athletes that have enriched the na- grams in our Nation today. Because breaking and our Nation must do more tional life of the United States; and there are simply fewer athletic oppor- to prevent these crimes from ever hap- (2) includes inspiring figures, such as Ger- tunities and programs for girls, there pening again. To put an end to this trude Ederle, Wilma Rudolph, Althea Gibson, abuse, on January 30, 2018, Congress Mildred Ella ‘‘Babe’’ Didrikson Zaharias, and are lower levels of participation in Patty Berg, who overcame difficult obstacles sports amongst present day high school passed the Protecting Young Victims in their own lives to— girls than there were for high school from Sexual Abuse and Safe Sport Au- (A) advance participation by women in boys in the 1970s. thorization Act of 2017, which I had au- sports; and Across college campuses, women ath- thored and introduced to require all (B) set positive examples for the genera- letes still comprise only 44 percent of Olympic sports organizations and ama- tions of female athletes who continue to the collegiate athlete population. And teur sports organizations to imme- inspire people in the United States today; in some instances, the numbers have diately report allegations of sexual Whereas the United States must do all it abuse to law enforcement. can to support the bonds built between all even shrunk over time. In 1972, women athletes to break down the barriers of dis- occupied more than 90 percent of As the Winter Olympics begin this crimination, inequality, and injustice; coaching positions with collegiate week in South Korea, our Nation must Whereas girls and young women in minor- women’s teams. Today, women occupy continue to do everything we can to ity communities are doubly disadvantaged less than half of these coaching posi- enforce this legislation and advocate because— tions. on behalf of these young athletes (1) schools in minority communities over- This resolution recognizes how far we whose lives have been turned upside all have fewer athletic opportunities; and down by the abuse that they endured. (2) the limited resources for athletic oppor- have come, but more importantly, it tunities in those communities are not evenly acknowledges how much farther we I would also like to thank the Na- distributed between male and female stu- still have to go to achieve equality for tional Women’s Law Center and the dents; our female athletes. In looking to the National Girls & Women in Sports Day Whereas, with the recent passage of bills future and resolving together that Coalition for their support of this reso- such as the Protecting Young Victims from more must be done to provide girls and lution. All young people in our Nation Sexual Abuse and Safe Sport Authorization women equal opportunity in sports, we deserve equal access to freely partici- Act of 2017 (S. 534, 115th Congress), Congress also celebrate and recognize female pate in athletic programs and to feel has taken steps to— (1) protect female athletes from the crime athletes from the past who have faced safe and secure so they can thrive of sexual abuse; and difficult obstacles in their lives to ad- within their chosen sports. With these (2) empower athletes to report sexual abuse vance the participation of women in goals in mind, I call on all of us to ex- when it occurs; and sports. amine the progress we have made and

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.026 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S709 commit ourselves to addressing the in- Resolved, That the Senate— him to the bill H.R. 695, of 1993 to es- equalities we must still overcome to (1) congratulates the entire Philadelphia tablish a voluntary national criminal empower female athletes in our Nation. Eagles organization on their triumph in history background check system and Mr. President, I yield the floor. Super Bowl LII; criminal history review program for (2) commends the Philadelphia Eagles fans f for their devotion, enthusiasm, and persist- certain individuals who, related to their employment, have access to chil- SENATE RESOLUTION 399—CON- ence over the past 58 years; and (3) requests that the Secretary of the Sen- dren, the elderly, or individuals with GRATULATING THE PHILADEL- ate prepare an enrolled version of this reso- disabilities, and for other purposes; PHIA EAGLES ON THEIR TRI- lution for presentation to— which was ordered to lie on the table; UMPH IN SUPER BOWL LII (A) the owner of the Philadelphia Eagles, as follows: Mr. TOOMEY (for himself and Mr. Jeffrey Robert Lurie; and Strike section 8004. (B) the head coach of the Philadelphia Ea- CASEY) submitted the following resolu- gles, Douglas Irving Pederson. tion; which was considered and agreed SA 1928. Mr. WICKER submitted an to: f amendment intended to be proposed by him to the bill H.R. 695 of 1993 to estab- S. RES. 399 AMENDMENTS SUBMITTED AND PROPOSED lish a voluntary national criminal his- Whereas, on February 4, 2018, the Philadel- tory background check system and phia Eagles became champions of the Na- SA 1926. Mr. PORTMAN submitted an criminal history review program for tional Football League by defeating the New amendment intended to be proposed by him England Patriots 41–33 in Super Bowl LII; to the bill H.R. 1892, to amend title 4, United certain individuals who, related to Whereas, with this victory the Philadel- States Code, to provide for the flying of the their employment, have access to chil- phia Eagles won their first Super Bowl in flag at half-staff in the event of the death of dren, the elderly, or individuals with franchise history and fourth National Foot- a first responder in the line of duty; which disabilities, and for other purposes; ball League Championship; was ordered to lie on the table. which was ordered to lie on the table; Whereas the Eagles, a franchise born in the SA 1927. Mr. DAINES submitted an amend- as follows: depths of the Great Depression, forged in the ment intended to be proposed by him to the At the appropriate place, insert the fol- furnace of South Philadelphia, has come to bill H.R. 695, of 1993 to establish a voluntary lowing: represent the resiliency, ingenuity, and for- national criminal history background check titude of the great people of the ‘‘City of system and criminal history review program TITLE ll—VESSEL INCIDENTAL Brotherly Love’’; for certain individuals who, related to their DISCHARGE ACT Whereas the fans of the Eagles, whose de- employment , have access to children, the el- SEC. ll01. SHORT TITLE. votion and enthusiasm is renowned through- derly, or individuals with disabilities, and This title may be cited as the ‘‘Vessel Inci- out sport, have waited for this moment for 58 for other purposes; which was ordered to lie dental Discharge Act’’. years; on the table. SEC. ll02. DEFINITIONS. Whereas this Eagles team, written off by SA 1928. Mr. WICKER submitted an amend- In this title: the rest of the world after suffering numer- ment intended to be proposed by him to the (1) ADMINISTRATOR.—The term ‘‘Adminis- ous injuries to key players, took the field in bill H.R. 695, supra; which was ordered to lie trator’’ means the Administrator of the En- Minneapolis as the underdog, as they had on the table. vironmental Protection Agency. been in every previous playoff game, despite SA 1929. Mr. WICKER submitted an amend- (2) AQUATIC NUISANCE SPECIES.—The term having the best record in the National Foot- ment intended to be proposed by him to the ‘‘aquatic nuisance species’’ means a non- ball League; bill H.R. 1892, to amend title 4, United States indigenous species (including a pathogen, Whereas quarterback Nicholas Edward Code, to provide for the flying of the flag at microbe, or virus) that threatens the diver- Foles, stepping in for injured star quarter- half-staff in the event of the death of a first sity or abundance of native species or the ec- back Carson James Wentz, commanded the responder in the line of duty; which was or- ological stability of waters of the United field with an uncanny precision, calmness, dered to lie on the table. States, or commercial, agricultural, and leadership that earned him recognition SA 1930. Mr. MCCONNELL proposed an aquacultural, or recreational activities de- as the Most Valuable Player of the Super amendment to the bill H.R. 1892, supra. pendent on such waters. Bowl; SA 1931. Mr. MCCONNELL proposed an (3) BALLAST WATER.— Whereas head coach Douglas Irving amendment to amendment SA 1930 proposed (A) IN GENERAL.—The term ‘‘ballast water’’ Pederson displayed an emotional intel- by Mr. MCCONNELL to the bill H.R. 1892, means any water and suspended matter ligence, creativity, and aggressiveness exem- supra. taken on board a commercial vessel— plified in the ‘‘Philly Special,’’ a fourth down SA 1932. Mr. MCCONNELL proposed an (i) to control or maintain trim, draught, play call that involved undrafted rookie run- amendment to the bill H.R. 1892, supra. stability, or stresses of the commercial ves- ning back Corey Joel Clement taking the di- SA 1933. Mr. MCCONNELL proposed an sel, regardless of how such water and matter rect snap and pitching the football to amendment to amendment SA 1932 proposed is carried; or undrafted tight end Trey Burton, who threw by Mr. MCCONNELL to the bill H.R. 1892, (ii) during the cleaning, maintenance, or the football to the backup quarterback Foles supra. other operation of a ballast tank or ballast for a touchdown in the last minute of the SA 1934. Mr. MCCONNELL proposed an water management system of the commer- first half; amendment to amendment SA 1933 proposed cial vessel. Whereas the play of the dominating offen- by Mr. MCCONNELL to the amendment SA (B) EXCLUSIONS.—The term ‘‘ballast water’’ sive line, anchored by veterans David Lane 1932 proposed by Mr. MCCONNELL to the bill does not include any substance that is added Johnson and Jason Kelce, provided peerless H.R. 1892, supra. to water described in subparagraph (A) that protection for the passers, enabled multiple f is directly related to the operation of a prop- clutch catches by the acrobatic receiving TEXT OF AMENDMENTS erly functioning ballast water management corps and tight ends, and paved the way for system. hard earned rushing yards by the trio of tal- SA 1926. Mr. PORTMAN submitted an (4) BALLAST WATER DISCHARGE STANDARD.— ented tailbacks; amendment intended to be proposed by The term ‘‘ballast water discharge standard’’ Whereas the vaunted Eagles defense, engi- him to the bill H.R. 1892, to amend title means— neered by coordinator James John Schwartz, 4, United States Code, to provide for (A) the numerical ballast water discharge led by All-Pros Fletcher Cox and Malcolm the flying of the flag at half-staff in standard set forth in section 151.2030 of title Damari Jenkins, took charge in the waning 33, Code of Federal Regulations, or section moments of the fourth quarter when Bran- the event of the death of a first re- 151.1511 of such title (as in effect on the date don Lee Graham forced the opposing quarter- sponder in the line of duty; which was of the enactment of this Act); or back to fumble the football into the waiting ordered to lie on the table; as follows: (B) if the standard described in subpara- hands of rookie Derek Anthony Barnett; At the appropriate place, insert the fol- graph (A) has been revised under section Whereas the consistent play of the special lowing: ll06, such revised standard. teams, led by rookie Jake Daniel Elliot and SEC. l. EXTENSION OF THE MATERNAL, INFANT, (5) BALLAST WATER MANAGEMENT SYSTEM.— 14-year veteran Donald Scott ‘‘Bag O’Bones’’ AND EARLY CHILDHOOD HOME VIS- The term ‘‘ballast water management sys- Jones, helped seal the fate of the game; ITING PROGRAM. tem’’ means any system, including all bal- Whereas the ownership of Jeffrey Robert Section 511(j)(1)(H) of the Social Security last water treatment equipment and all asso- Lurie and the management of Howard Rose- Act (42 U.S.C. 711(j)(1)(H)) is amended by ciated control and monitoring equipment, man have truly built a franchise that should striking ‘‘fiscal year 2017’’ and inserting that processes ballast water— be recognized as the ‘‘gold standard’’; and ‘‘each of fiscal years 2017 through 2019’’. (A) to kill, render nonviable, or remove or- Whereas sports talk radio in southeastern ganisms; or Pennsylvania may never be the same: Now, SA 1927. Mr. DAINES submitted an (B) to avoid the uptake or discharge of or- therefore, be it amendment intended to be proposed by ganisms.

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(6) BEST AVAILABLE TECHNOLOGY ECONOMI- (II) rubbish, trash, garbage, incinerator United States’’ has the meaning given that CALLY ACHIEVABLE.—The term ‘‘best avail- ash, or other such material discharged over- term in section 2101(17a) of title 46, United able technology economically achievable’’ board; States Code. has the meaning given that term in sections (III) oil or a hazardous substance (as such (20) OPERATING IN A CAPACITY OTHER THAN 301(b)(2)(A) and 304(b)(2)(B) of the Federal terms are defined in section 311 of the Fed- AS A MEANS OF TRANSPORTATION ON WATER.— Water Pollution Control Act (33 U.S.C. eral Water Pollution Control Act (33 U.S.C. The term ‘‘operating in a capacity other 1311(b)(2)(A) and 1314(b)(2)(B)) as such term 1321)); or than as a means of transportation on water’’ applies to a mobile point source. (IV) sewage (as defined in section 312(a)(6) includes— (7) BIOCIDE.—The term ‘‘biocide’’ means a of the Federal Water Pollution Control Act (A) when in use as an energy or mining fa- substance or organism that is introduced (33 U.S.C. 1322(a)(6))); or cility; into or produced by a ballast water manage- (ii) any emission of an air pollutant result- (B) when in use as a storage facility or sea- ment system to kill or eliminate aquatic ing from the operation onboard a commer- food processing facility; nuisance species as part of the process used cial vessel of a commercial vessel propulsion (C) when secured to a storage facility or to comply with a ballast water discharge system, motor driven equipment, or inciner- seafood processing facility; and standard. ator; (D) when secured to the bed of the ocean, (8) CAPTAIN OF THE PORT ZONE.—The term (iii) any discharge into navigable waters of contiguous zone, or waters of the United ‘‘Captain of the Port Zone’’ means a Captain the United States from a commercial vessel States for the purpose of mineral or oil ex- of the Port Zone established by the Sec- when the commercial vessel is operating in a ploration or development. retary pursuant to sections 92, 93, and 633 of capacity other than as a means of transpor- (21) ORGANISM.—The term ‘‘organism’’ title 14, United States Code. tation on water; or means any organism and includes pathogens, (9) COMMERCIAL VESSEL.— (iv) any discharge that results from an ac- microbes, viruses, bacteria, and fungi. (A) IN GENERAL.—The term ‘‘commercial tivity other than the normal operation of a (22) OWNER OR OPERATOR.—The term vessel’’ means— commercial vessel. ‘‘owner or operator’’ means a person owning, (i) a vessel (as defined in section 3 of title (11) EMPTY BALLAST TANK.—The term operating, or chartering by demise a com- 1, United States Code) that is engaged in ‘‘empty ballast tank’’ means a tank— mercial vessel. commercial service (as defined in section (A) intended to hold ballast water that has (23) PACIFIC COAST REGION.—The term ‘‘Pa- 2101(5) of title 46, United States Code); or been drained to the limit of the functional or cific Coast Region’’ means Federal and State (ii) a vessel that is within the scope of the operational capabilities of such tank, such as waters adjacent to Alaska, Washington, Or- General Permit or Small Vessel General Per- loss of suction, and otherwise recorded as egon, or California extending from shore and mit on the day before the date of enactment empty on a vessel log; and including the entire exclusive economic zone of this Act. (B) that contains unpumpable residual bal- (as defined in section 1001(8) of the Oil Pollu- (B) EXCLUSION.—The term ‘‘commercial last water and sediments. tion Act of 1990 (33 U.S.C. 2701(8))) adjacent vessel’’ does not include— (12) EXCHANGE.—The term ‘‘exchange’’ to each such State. (i) a recreational vessel; or means, with respect to ballast water, to re- (24) POLLUTANT.—The term ‘‘pollutant’’ (ii) a vessel of the armed forces (as defined place the water in a ballast water tank using has the meaning given that term in section in section 312 of the Federal Water Pollution one of the following methods: 502(6) of the Federal Water Pollution Control Control Act (33 U.S.C. 1322)). (A) Flow-through exchange, in which bal- Act (33 U.S.C. 1362(6)). (10) DISCHARGE INCIDENTAL TO THE NORMAL last water is flushed out by pumping in mid- (25) PORT OR PLACE OF DESTINATION.—The OPERATION OF A COMMERCIAL VESSEL.— ocean water at the bottom of the tank and term ‘‘port or place of destination’’ means (A) IN GENERAL.—The term ‘‘discharge inci- continuously overflowing the tank from the any port or place to which a vessel is bound dental to the normal operation of a commer- top until 3 full volumes of water has been to anchor or moor. cial vessel’’ means— changed to minimize the number of original (26) RECREATIONAL VESSEL.—The term ‘‘rec- (i) a discharge into navigable waters of the organisms remaining in the tank. reational vessel’’ has the meaning given that United States from a commercial vessel of— (B) Empty and refill exchange, in which term in section 502 of the Federal Water Pol- (I)(aa) graywater, bilge water, cooling ballast water taken on in ports, estuarine lution Control Act (33 U.S.C. 1362). water, oil water separator effluent, anti-foul- waters, or territorial waters is pumped out (27) RENDER NONVIABLE.—The term ‘‘render ing hull coating leachate, boiler or econo- until the pump loses suction, after which the nonviable’’ means, with respect to organisms mizer blowdown, byproducts from cathodic ballast tank is refilled with mid-ocean in ballast water, the action of a ballast protection, controllable pitch propeller and water. water management system that leaves such thruster hydraulic fluid, distillation and re- (13) GENERAL PERMIT.—The term ‘‘General organisms permanently incapable of repro- verse osmosis brine, elevator pit effluent, Permit’’ means the ‘‘Final National Pollut- duction following treatment. firemain system effluent, freshwater layup ant Discharge Elimination System (NPDES) (28) SALTWATER FLUSH.—The term ‘‘salt- effluent, gas turbine wash water, motor gas- General Permit for Discharges Incidental to water flush’’— oline and compensating effluent, refrigera- the Normal Operation of a Vessel’’ noticed in (A) means— tion and air condensate effluent, seawater the Federal Register on April 12, 2013 (78 Fed. (i) the addition of as much mid-ocean piping biofouling prevention substances, Reg. 21938). water into each empty ballast tank of a com- boat engine wet exhaust, sonar dome efflu- (14) GREAT LAKES STATES.—The term mercial vessel as is safe for such vessel and ent, exhaust gas scrubber wash water, or ‘‘Great Lakes States’’ means Illinois, Indi- crew and the mixing of the flushwater with stern tube packing gland effluent; or ana, Michigan, Minnesota, New York, Ohio, residual water and sediment through the mo- (bb) any other pollutant associated with Pennsylvania, and Wisconsin. tion of such vessel; and the operation of a marine propulsion system, (15) INDIAN TRIBE.—The term ‘‘Indian (ii) the discharge of the mixed water, such shipboard maneuvering system, habitability tribe’’ has the meaning given that term in that the resultant residual water remaining system, or installed major equipment, or section 4(e) of the Indian Self-Determination in the tank has the highest salinity possible, from a protective, preservative, or absorp- and Education Assistance Act (25 U.S.C. and is at least 30 parts per thousand; and tive application to the hull of a commercial 5304(e)). (B) may require more than one fill-mix- vessel; (16) MAJOR CONVERSION.—The term ‘‘major empty sequence, particularly if only small (II) deck runoff, deck washdown, above the conversion’’ has the meaning given that amounts of water can be safely taken on- waterline hull cleaning effluent, aqueous term in section 2101(14a) of title 46, United board the commercial vessel at one time. film forming foam effluent, chain locker ef- States Code. (29) SECRETARY.—Except as otherwise spec- fluent, non-oily machinery wastewater, un- (17) MARINE POLLUTION CONTROL DEVICE.— ified, the term ‘‘Secretary’’ means the Sec- derwater ship husbandry effluent, welldeck The term ‘‘marine pollution control device’’ retary of the department in which the Coast effluent, or fish hold and fish hold cleaning means any equipment for installation or use Guard is operating. effluent; or on board a commercial vessel that is— (30) SMALL VESSEL GENERAL PERMIT.—The (III) any effluent from a properly func- (A) designed to receive, retain, treat, con- term ‘‘Small Vessel General Permit’’ means tioning marine engine; or trol, or discharge a discharge incidental to the ‘‘Final National Pollutant Discharge (ii) a discharge of a pollutant into navi- the normal operation of a commercial vessel; Elimination System (NPDES) General Per- gable waters of the United States in connec- and mit for Discharges Incidental to the Normal tion with the testing, maintenance, or repair (B) determined by the Secretary, in con- Operation of a Small Vessel’’ noticed in the of a system, equipment, or engine described sultation with the Administrator, to be the Federal Register on September 10, 2014 (79 in subclause (I)(bb) or (III) of clause (i) when- most effective equipment or management Fed. Reg. 53702) ever the commercial vessel is waterborne. practice to reduce the environmental impact SEC. ll03. TREATMENT OF EXISTING BALLAST (B) EXCLUSIONS.—The term ‘‘discharge in- of the discharge consistent with the consid- WATER REGULATIONS. cidental to the normal operation of a com- erations set forth in section ll08(a)(2). (a) EFFECT ON EXISTING REGULATIONS.— mercial vessel’’ does not include— (18) MID-OCEAN WATER.—The term ‘‘mid- Any regulation issued pursuant to the Non- (i) any discharge into navigable waters of ocean water’’ means water greater than 200 indigenous Aquatic Nuisance Prevention and the United States from a commercial vessel nautical miles from any shore. Control Act of 1990 (16 U.S.C. 4701 et seq.) of— (19) NAVIGABLE WATERS OF THE UNITED that is in effect on the day before the date of (I) ballast water; STATES.—The term ‘‘navigable waters of the the enactment of this Act, and that relates

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to a matter subject to regulation under this (B) COMMERCIAL VESSEL DESCRIBED.—A thousand shall conduct a complete ballast title, shall remain in full force and effect un- commercial vessel described in this subpara- water exchange— less or until superseded by a new regulation graph is a commercial vessel— (i) more than 50 nautical miles from shore issued under this title relating to such mat- (i) operating between 2 ports or places of if the ballast water was sourced from a Pa- ter. destination within the Pacific Coast Region; cific Coast Region port or place of destina- (b) APPLICATION OF OTHER REGULATIONS.— or tion; or (1) IN GENERAL.—The regulations issued (ii) operating between a port or place of (ii) more than 200 nautical miles from pursuant to the Nonindigenous Aquatic Nui- destination within the Pacific Coast Region shore if the ballast water was not sourced sance Prevention and Control Act of 1990 (16 and a port or place of destination on the Pa- from a Pacific Coast Region port or place of U.S.C. 4701 et seq.) relating to sanctions for cific Coast of Canada or Mexico north of 20 destination. violating a regulation under that Act shall degrees north latitude, inclusive of the Gulf (B) EXCEPTION.—The requirements of sub- apply to violations of a regulation issued of California. paragraph (A) shall not apply to a commer- under this title. (C) EXEMPTIONS.—Subparagraph (A) shall cial vessel that has a ballast water manage- (2) PENALTIES.—The penalties for viola- not apply to the following: ment system approved for treating fresh- tions described in paragraph (1) shall in- (i) A commercial vessel voyaging between water at concentrations prescribed in section crease consistent with inflation. or to a port or place of destination in the ll06(a)(1)(A) or that retains all of its bal- State of Washington, if the ballast water to last water. SEC. ll04. BALLAST WATER DISCHARGE RE- be discharged from such vessel originated (6) EXEMPTED VESSELS.— QUIREMENTS. solely from waters located between the par- (A) IN GENERAL.—The requirements of (a) IN GENERAL.— allel 43 degrees, 32 minutes north latitude, paragraphs (3), (4), and (5) shall not apply to (1) REQUIREMENTS.—Except as provided in including the internal waters of the Colum- a commercial vessel if— paragraph (7), and subject to sections 151.2035 bia River, and the internal waters of Canada (i) complying with such requirements and 151.2036 of title 33, Code of Federal Regu- south of parallel 50 degrees north latitude, would compromise the safety of the commer- lations (as in effect on the date of the enact- including the waters of the Strait of Georgia cial vessel; ment of this Act), an owner or operator may and the Strait of Juan de Fuca. (ii) design limitations of the commercial discharge ballast water into navigable (ii) A commercial vessel voyaging between vessel prevent ballast water exchange or waters of the United States from a commer- ports or places of destination in the States of saltwater flush from being conducted; cial vessel covered under subsection (b) only Washington and Oregon if the ballast water (iii) the commercial vessel is certified by if the owner or operator discharges the bal- to be discharged from such vessel originated the Secretary as having no residual ballast last water in accordance with requirements solely from waters located between the par- water or sediments on board or retains all its established by this title or the Secretary. allel 40 degrees north latitude and the par- ballast water while in waters subject to such (2) COMMERCIAL VESSELS ENTERING THE allel 50 degrees north latitude. requirements; or GREAT LAKES SYSTEM.—If a commercial ves- (iii) A commercial vessel voyaging between (iv) empty ballast tanks on the commer- sel enters the Great Lakes through the ports or places of destination in the State of cial vessel are sealed and certified by the mouth of the Saint Lawrence River, the California within the San Francisco Bay Secretary so there is no discharge or uptake owner or operator shall— area east of the Golden Gate Bridge, includ- and subsequent discharge of ballast waters (A) comply with the applicable require- ing the Port of Stockton and the Port of subject to such requirements. ments of— Sacramento, if any ballast water to be dis- (B) ADDITIONAL EXEMPTIONS.—The require- (i) paragraph (1); charged from such vessel originated solely ments of paragraphs (3) and (4) shall not (ii) subpart C of part 151 of title 33, Code of from ports or places within such area. apply to a commercial vessel if the commer- Federal Regulations (or similar successor (iv) A commercial vessel voyaging between cial vessel uses a method of ballast water regulations); and the Port of Los Angeles, the Port of Long management approved by the Coast Guard (iii) section 401.30 of such title (or similar Beach, and the El Segundo offshore marine under section ll05 of this title or subpart successor regulations); and oil terminal if any ballast water to be dis- 162.060 of title 46, Code of Federal Regula- (B) after operating— charged from such vessel originated solely tions (or similar successor regulations). (i) outside the exclusive economic zone of from the Port of Los Angeles, the Port of (7) SAFETY EXEMPTION.—Notwithstanding the United States or Canada, conduct a com- Long Beach, or the El Segundo offshore ma- paragraphs (1) through (6), an owner or oper- plete ballast water exchange in an area that rine oil terminal. ator of a commercial vessel may discharge is 200 nautical miles or more from any shore (v) A commercial vessel voyaging between ballast water into navigable waters of the before the owner or operator may discharge a port or place in the State of Alaska within United States from a commercial vessel if— ballast water while operating in the Saint a single Captain of the Port Zone. (A) the ballast water is discharged solely Lawrence River or the Great Lakes, subject (4) EMPTY BALLAST TANKS.— to ensure the safety of life at sea; to any requirements the Secretary deter- (A) REQUIREMENTS.—Except as provided in (B) the ballast water is discharged acciden- mines necessary with regard to such ex- subparagraph (B) and paragraph (6), the tally as the result of damage to the commer- change or any ballast water management owner or operator of a commercial vessel cial vessel or its equipment and— system that is to be used in conjunction with with empty ballast tanks shall conduct a (i) all reasonable precautions to prevent or such exchange, to ensure that any discharge saltwater flush— minimize the discharge have been taken; and of ballast water complies with the require- (i) at least 200 nautical miles from any (ii) the owner or operator did not willfully ments under paragraph (1); or shore for voyages originating outside the or recklessly cause such damage; or (ii) exclusively within the territorial United States or Canadian exclusive eco- (C) the ballast water is discharged solely waters or exclusive economic zone of the nomic zone; or for the purpose of avoiding or minimizing a United States or Canada, conduct a complete (ii) at least 50 nautical miles from any discharge from the commercial vessel of a ballast water exchange outside the Saint shore for voyages within the Pacific Coast pollutant that would violate a Federal or Lawrence River and the Great Lakes in an Region. State law. area that is 50 nautical miles or more from (B) EXCEPTION.—The requirements of sub- (8) LOGBOOK REQUIREMENTS.—Section any shore before the owner or operator may paragraph (A) shall not apply— 11301(b) of title 46, United States Code, is discharge ballast water while operating in (i) if a ballast tank’s unpumpable residual amended by adding at the end the following the Saint Lawrence River or the Great waters and sediments were subject to a salt- new paragraph: Lakes, subject to any requirements the Sec- water flush, ballast water exchange, or treat- ‘‘(13) when a commercial vessel does not retary determines necessary with regard to ment through a ballast water management carry out ballast water management require- such exchange or any ballast water manage- system; or ments as applicable and pursuant to regula- ment system that is to be used in conjunc- (ii) unless otherwise required under this tions promulgated and issued by the Sec- tion with such exchange, to ensure that any title, if the ballast tank’s unpumpable resid- retary, including when such a vessel fails to discharge of ballast water complies with the ual waters and sediments were sourced with- carry out ballast water management require- requirements under paragraph (1), unless in the same port or place of destination, or ments due to an allowed safety exemption, a traveling 50 nautical miles or more from Captain of the Port Zone. statement about the failure to comply and shore would compromise commercial vessel (5) LOW SALINITY BALLAST WATER.— the circumstances under which the failure safety or is otherwise prohibited by any do- (A) IN GENERAL.—Except as provided in occurred, made immediately after when mestic or international regulation. subparagraph (B) and paragraph (6), owners practicable to do so.’’. (3) COMMERCIAL VESSELS OPERATING WITHIN or operators of commercial vessels that (9) LIMITATION OF REQUIREMENTS.—In estab- THE PACIFIC COAST REGION.— transport ballast water sourced from waters lishing requirements under this subsection, (A) IN GENERAL.—Except as provided in with a measured salinity of less than 18 parts the Secretary may not require the installa- subparagraph (C) and paragraph (6), the per thousand, except as provided by a public tion of a ballast water management system owner or operator of a commercial vessel de- or commercial source under subsection on a commercial vessel that— scribed in subparagraph (B) shall conduct a (b)(2)(C), and voyage to a Pacific Coast Re- (A) carries all of its ballast water in sealed complete ballast water exchange in waters gion port or place of destination that has a tanks that— more than 50 nautical miles from shore. measured salinity of less than 18 parts per (i) are not subject to discharge;

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(3) FINAL POLICY.— time the water is taken aboard, meets the (F) REPORT.—Not less than 60 days after a (A) IN GENERAL.—Not later than 150 days applicable regulations or permit require- determination by the Secretary under sub- after the date of the enactment of this Act, ments for such source under the Safe Drink- paragraph (C)(iv), the Secretary shall pro- the Secretary, in coordination with the Ad- ing Water Act (42 U.S.C. 300f et seq.); vide a report to the Committee on Com- ministrator, shall publish a final policy let- (D) in an alternative compliance program merce, Science, and Transportation of the established pursuant to subsection (c); ter describing type approval testing methods Senate and the Committee on Transpor- (E) that carries all of its permanent ballast for ballast water management systems capa- tation and Infrastructure of the House of water in sealed tanks that are not subject to ble of measuring the concentration of orga- Representatives describing how the costs discharge; or nisms in ballast water that are capable of re- (F) uses other liquid or material as ballast were considered in the assessment required production based on the best available and does not discharge ballast overboard. by that subparagraph. science that may be used in addition to the ECEPTION ACILITIES RANSFER (3) VESSELS OPERATING EXCLUSIVELY WITHIN (c) R F ; T methods established in subpart 162.060 of THE GREAT LAKES AND SAINT LAWRENCE STANDARDS.—The Secretary, in coordination title 46, Code of Federal Regulations (or RIVER.— with the Administrator, may promulgate similar successor regulations). (A) IN GENERAL.—A commercial vessel that standards for the arrangements necessary on (B) REVISIONS.—The Secretary shall revise operates exclusively within the Great Lakes a vessel to transfer ballast water to a facil- the final policy letter published under sub- and Saint Lawrence River shall be subject to ity. paragraph (A) as additional testing methods subsection (a). SEC. ll05. APPROVAL OF BALLAST WATER MAN- are determined by the Secretary, in coordi- (B) TRANSITION.—Notwithstanding subpara- AGEMENT SYSTEMS. nation with the Administrator, to be capable graph (A), a commercial vessel that operates (a) BALLAST WATER MANAGEMENT SYSTEMS of measuring the concentration of organisms exclusively within the Great Lakes and THAT RENDER ORGANISMS NONVIABLE.—Not- in ballast water that are capable of reproduc- Saint Lawrence River that is not required to withstanding chapter 5 of title 5, United tion. comply with the ballast water discharge States Code, part 151 of title 33, Code of Fed- (C) CONSIDERATIONS.—In developing a pol- standard on the day before the date of enact- eral Regulations (or similar successor regu- icy letter under this paragraph, the Sec- ment of this Act shall transition into com- lations), and part 162 of title 46, Code of Fed- retary, in coordination with the Adminis- pliance with subsection (a) under the special eral Regulations (or similar successor regu- trator— rules established in subparagraph (C) of this lations), a ballast water management system (i) shall consider a testing method that subsection: that renders nonviable organisms in ballast uses organism grow out and most probable (C) SPECIAL RULES.—The Secretary shall water at the concentrations prescribed in the number statistical analysis to determine the require a class of commercial vessels de- ballast water discharge standard shall be ap- concentration of organisms in ballast water scribed in subparagraph (B) of this sub- proved by the Secretary, if— that are capable of reproduction; and section to comply with subsection (a) only if (1) such system— (ii) shall not consider a testing method the Secretary— (A) undergoes type approval testing at an that relies on a staining method that meas- (i) approves a ballast water management independent laboratory designated by the ures the concentration of organisms greater system for such class of commercial vessels Secretary under such regulations; and than or equal to 10 micrometers and orga- under section ll05 of this title or subpart (B) meets the requirements of subpart nisms less than or equal to 50 micrometers. 162.060 of title 46, Code of Federal Regula- 162.060 of title 46, Code of Federal Regula- SEC. ll06. REVIEW AND RAISING OF BALLAST tions (or similar successor regulation); tions (or similar successor regulations), WATER DISCHARGE STANDARD. (ii) determines that such ballast water other than the requirements related to stain- (a) STRINGENCY REVIEWS.— management system meets the operationally ing methods or measuring the concentration (1) SIX-YEAR REVIEW.— practicable criteria described in section of living organisms; and (A) IN GENERAL.—Not later than January 1, ll06 with respect to such class of commer- (2) such laboratory uses a testing method 2024, and subject to petitions for review cial vessels complying with the ballast water described in a final policy letter published under paragraph (3), the Secretary, in con- discharge standard; under subsection (c)(3). currence with the Administrator, shall com- (iii) determines that requiring such class of (b) PROHIBITION ON BIOCIDES.—The Sec- plete a review to determine whether, based commercial vessels to comply with the bal- retary shall not approve a ballast water on the application of the best available tech- last water discharge standard is operation- management system under subsection (a) or nology economically achievable and oper- ally practicable for such class of commercial subpart 162.060 of title 46, Code of Federal ationally practicable, the ballast water dis- vessels; and Regulations (or similar successor regula- charge standard can be revised such that bal- (iv) in coordination with the Adminis- tions), if such system— last water discharged in the normal oper- trator, conducts a probabilistic assessment (1) uses a biocide or generates a biocide ation of a vessel contains— of the benefits to the environment and the that is a pesticide, as defined in section 2 of (i) less than 1 organism that is living or costs to industry of compliance with sub- the Federal Insecticide, Fungicide, and has not been rendered nonviable per 10 cubic section (a) by such class of commercial ves- Rodenticide Act (7 U.S.C. 136), unless the meters that is 50 or more micrometers in sels and determines that such benefits ex- biocide is registered under that Act or the minimum dimension; ceed such costs. Administrator has approved the use of the (ii) less than 1 organism that is living or (D) RECONSIDERATION.—If the Secretary de- biocide in such ballast water management has not been rendered nonviable per 10 milli- termines under subparagraph (C)(iv) that system; or liters that is less than 50 micrometers in

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minimum dimension and more than 10 mi- (A) IN GENERAL.—The Governor of a State date on which such rule is published in the crometers in minimum dimension; may submit a petition requesting the Sec- Federal Register; and (iii) concentrations of indicator microbes retary to conduct a review under paragraph (B) for the owner or operator of a commer- that are less than— (1) or (2) if there is new information that cial vessel that is constructed or completes a (I) 1 colony-forming unit of toxicogenic could reasonably indicate the ballast water major conversion on or after the date that is Vibrio cholera (serotypes O1 and O139) per discharge standard could be made more 3 years after the date on which such rule is 100 milliliters or less than 1 colony-forming stringent to reduce the risk of the introduc- published in the Federal Register, a deadline unit of that microbe per gram of wet weight tion or establishment of aquatic nuisance to comply with the revised ballast water dis- of zoological samples; species. charge standard that is the first day on (II) 126 colony-forming units of escherichia (B) TIMING.—A Governor may not submit a which such commercial vessel operates in coli per 100 milliliters; and petition under subparagraph (A) during the navigable waters of the United States. (III) 33 colony-forming units of intestinal 1-year period following the date of comple- (2) VESSEL SPECIFIC COMPLIANCE DEAD- enterococci per 100 milliliters; and tion of a review under paragraph (1) or (2). LINES.—The Secretary may establish a dead- (iv) concentrations of such additional indi- (C) REQUIRED INFORMATION.—A petition line for compliance by a commercial vessel cator microbes and of viruses as may be submitted to the Secretary under subpara- (or a class, type, or size of commercial ves- specified in regulations issued by the Sec- graph (A) shall include— sel) with a revised ballast water discharge retary, in consultation with the Adminis- (i) a proposed ballast water discharge standard that is different than the general trator and such other Federal agencies as standard that would result in a reduction in deadline established under paragraph (1). the Secretary and the Administrator con- the risk of the introduction or establishment (3) EXTENSIONS.—The Secretary shall es- sider appropriate. of aquatic nuisance species; tablish a process for an owner or operator to (B) ALTERNATIVE REVISED STANDARD.—If (ii) information regarding any ballast submit an application to the Secretary for the Secretary, in concurrence with the Ad- water management systems that may an extension of a compliance deadline estab- ministrator, finds— achieve the proposed ballast water discharge lished under paragraphs (1) and (2). (i) that the ballast water discharge stand- standard; (4) APPLICATION FOR EXTENSION.—An owner ard cannot be revised to reflect the level of (iii) the scientific and technical informa- or operator shall submit an application for stringency set forth in subparagraph (A), the tion on which the petition is based, including an extension under paragraph (3) not less Secretary, in concurrence with the Adminis- a description of the risk reduction that than 90 days prior to the applicable compli- trator, shall determine whether the applica- would result from the proposed ballast water ance deadline established under paragraph tion of the best available technology eco- discharge standard included under clause (i); (1) or (2). nomically achievable and operationally prac- and (5) FACTORS.—In reviewing an application ticable would result in a reduction of the (iv) any additional information the Sec- under this subsection, the Secretary shall risk of introduction or establishment of retary considers appropriate. consider, with respect to the ability of an aquatic nuisance species such that the bal- owner or operator to meet a compliance (D) PUBLIC AVAILABILITY.—Upon receiving last water discharge standard can be revised a petition under subparagraph (A), the Sec- deadline— to be more stringent than the standard set retary shall make publicly available a copy (A) whether the ballast water management forth in section 151.2030 or 151.1511 of title 33, of the petition, including the information in- system to be installed, if applicable, is avail- Code of Federal Regulations, as in effect on able in sufficient quantities to meet the cluded under subparagraph (C). the date of the enactment of this Act; or compliance deadline; (E) TREATMENT OF MORE THAN ONE PETITION (ii) that the application of best available (B) whether there is sufficient shipyard or AS A SINGLE PETITION.—The Secretary may technology economically achievable and other installation facility capacity; treat more than one petition submitted operationally practicable would result in a (C) whether there is sufficient availability under subparagraph (A) as a single such peti- reduction of the risk of introduction or es- of engineering and design resources; tion. tablishment of aquatic nuisance species such (D) commercial vessel characteristics, such (F) AUTHORITY TO REVIEW.—After receiving that the ballast water discharge standard as engine room size, layout, or a lack of in- a petition that meets the requirements of can be revised to be more stringent than the stalled piping; this paragraph, the Secretary, in concur- standard under subparagraph (A) with re- (E) electric power generating capacity spect to a class of vessels, the Secretary, in rence with the Administrator, may conduct aboard the commercial vessel; concurrence with the Administrator, shall a review under paragraph (1) or (2) as the (F) the safety of the commercial vessel and determine which revisions to the ballast Secretary, in concurrence with the Adminis- crew; and water discharge standard shall be made for trator, determines appropriate. (G) any other factor that the Secretary de- that class of vessels to incorporate such (4) ISSUANCE OF REVISED BALLAST WATER termines appropriate. DISCHARGE STANDARD more stringent standard. .—The Secretary shall (6) CONSIDERATION OF EXTENSIONS.— (C) OPERATIONALLY PRACTICABLE.—In deter- issue a rule to revise the ballast water dis- (A) DETERMINATIONS.—The Secretary shall mining operational practicability under this charge standard if the Secretary, in concur- approve or deny an application for an exten- subsection, the Secretary, in concurrence rence with the Administrator, determines on sion of a compliance deadline submitted by with the Administrator, shall consider— the basis of the review under paragraph (1) or an owner or operator under this subsection. (i) whether a ballast water management (2) that— (B) DEADLINE.—The Secretary shall— system is— (A) a ballast water management system (i) acknowledge receipt of an application (I) effective and reliable in the shipboard that is capable of achieving the ballast water for an extension submitted under paragraph environment; discharge standard as proposed to be revised (4) not later than 30 days after the date of re- (II) compatible with the design and oper- is the best available technology economi- ceipt of the application; and ation of a commercial vessel by class, type, cally achievable and operationally prac- (ii) to the extent practicable, approve or and size; ticable; and deny such an application not later than 90 (III) commercially available; and (B) testing protocols can be practicably days after the date of receipt of the applica- (IV) safe; implemented that can assure accurate meas- tion. (ii) whether testing protocols can be prac- urement of compliance with the ballast (C) FAILURE TO REVIEW.—If the Secretary ticably implemented that can assure accu- water discharge standard as proposed to be does not approve or deny an application de- rate measurement of compliance with the revised. scribed in subparagraph (A) on or before the ballast water discharge standard as proposed (5) REQUIREMENT.—Any revised ballast last day of the 90-day period beginning on to be revised; and water discharge standard issued in the rule the date of submission of the petition, the (iii) other criteria that the Secretary, in under paragraph (4) shall be more stringent petition shall be conditionally approved. concurrence with Administrator, considers than the ballast water discharge standard it (7) PERIOD OF EXTENSIONS.—An extension appropriate. replaces. granted to an owner or operator under para- (2) TEN-YEAR REVIEWS.—Not later than Jan- (6) STANDARD NOT REVISED.—If the Sec- graph (3)— uary 1, 2034, not less frequently than every 10 retary, in concurrence with the Adminis- (A) may be granted for an initial period of years thereafter, and subject to petitions for trator, determines that the requirements of not more than 18 months; review under paragraph (3), the Secretary, in this subsection have not been satisfied, the (B) may be renewed for additional periods concurrence with the Administrator, shall Secretary shall publish a description of how of not more than 18 months each; and conduct a review to determine whether the such determination was made. (C) may not be in effect for a total of more application of the best available technology (b) REVISED BALLAST WATER DISCHARGE than 5 years. economically achievable and operationally STANDARD EFFECTIVE DATE AND COMPLIANCE (8) PERIOD OF USE OF INSTALLED BALLAST practicable as described in paragraph (1)(C) DEADLINE.— WATER MANAGEMENT SYSTEM.— results in a reduction in the risk of the in- (1) IN GENERAL.—If the Secretary issues a (A) IN GENERAL.—Subject to subparagraph troduction or establishment of aquatic nui- rule to revise the ballast water discharge (B), an owner or operator shall be considered sance species such that the ballast water dis- standard under subsection (a), the Secretary to be in compliance with the ballast water charge standard can be revised to be more shall include in such rule— discharge standard if— stringent. (A) an effective date for the revised ballast (i) the ballast water management system (3) STATE PETITIONS FOR REVIEW.— discharge standard that is 3 years after the installed on the commercial vessel complies

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(B) LIMITATION.—Subparagraph (A) shall tion with the Task Force and the Smithso- (2) PART 6 CONDITIONS.—Except as provided cease to apply with respect to a commercial nian Institution (acting through the Smith- in section ll09(c) and notwithstanding vessel after— sonian Environmental Research Center), the paragraph (1) and any other provision of law, (i) the expiration of the service life of the Secretary shall prepare and submit to the the terms and conditions of Part 6 of the ballast water management system of the Task Force and the appropriate committees General Permit (relating to specific require- commercial vessel, as determined by the of Congress and make available to the pub- ments for individual States or Indian coun- Secretary; lic, on a biennial basis not later than 180 try lands) shall expire on the implementa- (ii) the expiration of the service life of the days from the end of each odd numbered cal- tion date under subsection (a)(3). endar year, a report that synthesizes and commercial vessel, as determined by the (c) APPLICATION TO CERTAIN VESSELS.— analyzes the data referred to in paragraph (1) Secretary; or (1) APPLICATION OF FEDERAL WATER POLLU- for the previous 2 years to evaluate nation- (iii) the completion of a major conversion TION CONTROL ACT.—No permit shall be re- wide status and trends relating to— of the commercial vessel. quired under section 402 of the Federal Water ‘‘(A) ballast water delivery and manage- Pollution Control Act (33 U.S.C. 1342) or pro- SEC. ll07. NATIONAL BALLAST INFORMATION ment; and hibition enforced under any other provision CLEARINGHOUSE. ‘‘(B) invasions of aquatic nuisance species of law for, nor shall any best management resulting from ballast water. Subsection (f) of section 1102 of the Non- practice regarding a discharge incidental to ‘‘(5) WORKING GROUP.—Not later than 1 year indigenous Aquatic Nuisance Prevention and the normal operation of a commercial vessel after the date of the enactment of the Vessel Control Act of 1990 (16 U.S.C. 4712(f)) is under this title apply to, a discharge inci- amended to read as follows: Incidental Discharge Act, the Secretary shall establish a working group that includes dental to the normal operation of a commer- ‘‘(f) NATIONAL BALLAST INFORMATION members from the National Ballast Informa- cial vessel if the commercial vessel— CLEARINGHOUSE.— tion Clearinghouse and States with ballast (A) is less than 79 feet in length; or ‘‘(1) IN GENERAL.—The Secretary shall de- water management programs to establish a (B) is a fishing vessel, including a fish velop and maintain, in consultation and co- process for compiling and readily sharing processing vessel or fish tender vessel (as operation with the Task Force and the Federal and State commercial vessel report- such terms are defined in section 2101 of title Smithsonian Institution (acting through the ing and enforcement data regarding compli- 46, United States Code). Smithsonian Environmental Research Cen- ance with this Act. (2) APPLICATION OF GENERAL PERMIT AND ter), a National Ballast Information Clear- ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS SMALL VESSEL GENERAL PERMIT.—The terms inghouse of national data concerning— DEFINED.—In this subsection, the term ‘ap- and conditions of the General Permit and the ‘‘(A) ballasting practices; propriate committees of Congress’ means the Small Vessel General Permit shall cease to ‘‘(B) compliance with the guidelines issued Committee on Commerce, Science, and apply to vessels described in subparagraphs pursuant to section 1101(c); and Transportation of the Senate and the Com- (A) and (B) of paragraph (1) on and after the ‘‘(C) any other information obtained by the mittee on Transportation and Infrastructure date of the enactment of this Act. Task Force pursuant to subsection (b). of the House of Representatives.’’. (d) REVIEW AND REVISION.—The Secretary, ‘‘(2) BALLAST WATER REPORTING REQUIRE- SEC. ll08. REQUIREMENTS FOR DISCHARGES in concurrence with the Administrator and MENTS.— INCIDENTAL TO THE NORMAL OPER- in consultation with the States, shall— ‘‘(A) IN GENERAL.—The owner or operator ATION OF A COMMERCIAL VESSEL. (1) review the practices and standards es- of a commercial vessel subject to this title (a) MANAGEMENT OF INCIDENTAL DISCHARGE tablished under subsection (a) not less fre- shall submit the current ballast water man- FOR COMMERCIAL VESSELS.— quently than once every 10 years; and agement report form approved by the Office (1) IN GENERAL.—Not later than 2 years (2) revise such practices consistent with of Management and Budget (OMB 1625–0069 after the date of the enactment of this Act, the elements described in paragraph (2) of or a subsequent form) to the National Bal- the Secretary, in concurrence with the Ad- such subsection. last Information Clearinghouse not later ministrator and in consultation with the (e) STATE PETITION FOR REVISION OF BEST than 6 hours after the arrival of such vessel States, shall publish a final rule in the Fed- MANAGEMENT PRACTICES.— at a United States port or place, unless such eral Register that establishes best manage- (1) IN GENERAL.—The Governor of a State vessel is operating exclusively on a voyage ment practices for discharges incidental to may submit a petition to the Secretary re- between ports or places within a single Cap- the normal operation of a commercial vessel questing that the Secretary, in concurrence tain of the Port Zone. for commercial vessels that— with the Administrator, revise a best man- ‘‘(B) MULTIPLE DISCHARGES WITHIN A SINGLE (A) are greater than or equal to 79 feet in agement practice established under sub- PORT.—The owner or operator of a commer- length; section (a) if there is new information that cial vessel subject to this title may submit a (B) are not fishing vessels, including fish could reasonably indicate that— single report under subparagraph (A) for processing vessels and fish tender vessels (as (A) revising the best management practice multiple ballast water discharges within a such terms are defined in section 2101 of title would— single port during the same voyage. 46, United States Code); and (i) mitigate the adverse impacts on the ma- ‘‘(C) ADVANCED REPORT TO STATES.—A (C) are not subject to the best management rine environment from discharges incidental State may require the owner or operator of practices required under section ll09. to the normal operation of a commercial ves- a commercial vessel subject to this title to (2) ELEMENTS.—The best management prac- sel or from aquatic invasive species; and submit directly to the State a ballast water tices established under paragraph (1) shall— (ii) reduce the adverse effects on navigable management report form— (A) mitigate the adverse impacts on the waters of the United States of discharges in- ‘‘(i) not later than 24 hours prior to arrival marine environment from discharges inci- cidental to the normal operation of a com- at a United States port or place of destina- dental to the normal operation of a commer- mercial vessel; and tion if the voyage of such vessel is antici- cial vessel and aquatic invasive species; (B) the revised best management practice pated to exceed 24 hours; or (B) use marine pollution control devices would be economically achievable and oper- ‘‘(ii) before departing the port or place of when appropriate; ationally practicable. departure if the voyage of such vessel is not (C) be economically achievable and oper- (2) REQUIRED INFORMATION.—A petition sub- anticipated to exceed 24 hours. ationally practicable; and mitted to the Secretary under paragraph (1) ‘‘(3) COMMERCIAL VESSEL REPORTING DATA.— (D) not compromise the safety of a com- shall include— ‘‘(A) DISSEMINATION TO STATES.—Upon re- mercial vessel. (A) the scientific and technical informa- ceiving submission of a ballast water man- (3) IMPLEMENTATION.—The Secretary shall tion on which the petition is based; and agement report required under paragraph (2), implement the best management practices (B) any additional information the Sec- the National Ballast Information Clearing- established by final rule under paragraph (1) retary and Administrator consider appro- house shall— not later than 60 days after the date on priate.

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(3) PUBLIC AVAILABILITY.—Upon receiving a they do not conflict with section ll04(b), (i) PUBLIC AVAILABILITY.—The Secretary petition under paragraph (1), the Secretary the best management practices described by shall make publicly available any deter- shall make publicly available a copy of the the sections in Part 6 of the General Permit mination made under this section. petition, including the information included applicable to the Great Lakes States that SEC. ll10. JUDICIAL REVIEW. under paragraph (2). are applicable to commercial vessels de- (a) IN GENERAL.—A person may file a peti- (4) TREATMENT OF MORE THAN ONE PETITION scribed in subsection (a) shall expire on the tion for review of a final rule or a final agen- AS A SINGLE PETITION.—The Secretary may date on which the best management prac- cy action issued under this title in the treat more than one petition submitted tices described in subsection (a) are imple- United States Court of Appeals for the Dis- under paragraph (1) as a single petition. mented under subsection (g)(1). trict of Columbia Circuit. (5) REVISION OF BEST MANAGEMENT PRAC- (d) OUTREACH.—The Secretary shall solicit (b) DEADLINE.— TICES.—If, after reviewing a petition sub- recommendations and information from the (1) IN GENERAL.—A petition shall be filed mitted by a Governor under paragraph (1), Great Lakes States, Indian Tribes, owners under this section not later than 120 days the Secretary, in concurrence with the Ad- and operators of vessels described in sub- after the date on which the final rule to be ministrator, determines that revising a best section (a), and other persons that the Sec- reviewed is published in the Federal Register management practice would mitigate the ad- retary considers appropriate in developing or the final agency action is issued, as the verse impacts on the marine environment best management practices under subsection case may be. from discharges incidental to the normal op- (a). (2) EXCEPTION.—Notwithstanding para- eration of a commercial vessel or from (e) REVIEW AND REVISION OF BEST PRAC- graph (1), a petition that is based solely on aquatic invasive species, the Secretary, in TICES.—Not less frequently than once every 5 grounds that arise after the deadline to file concurrence with the Administrator and in years, the Secretary, in coordination with a petition under paragraph (1) has passed consultation with the States, shall revise the Administrator, shall review the best may be filed not later than 120 days after the such practice consistent with the elements management practices established under date on which such grounds first arise. described in subsection (a)(2). subsection (a) and revise such practices by SEC. ll11. STATE ENFORCEMENT. (f) REPEAL OF NO PERMIT REQUIREMENT.— rule published in the Federal Register con- (a) STATE AUTHORITIES.— Public Law 110–299 (33 U.S.C. 1342 note) is sistent with subsections (b) and (d). (1) IN GENERAL.—Not later than 60 days amended by striking section 2. (f) REVISED PRACTICES BY STATE PETI- after the date of the enactment of this Act, SEC. ll09. BEST MANAGEMENT PRACTICES FOR TION.— the Secretary, in coordination with the Gov- GREAT LAKES VESSELS. (1) IN GENERAL.—The Governor of a Great ernors of the States, shall develop and pub- (a) IN GENERAL.—Not later than 2 years Lakes State may petition the Secretary to after the date of enactment of this Act, the lish Federal and State inspection, data man- revise the best management practices estab- Secretary, in concurrence with the Adminis- agement, and enforcement procedures for the lished under subsection (a), including by em- trator, shall publish a final rule in the Fed- enforcement of standards and requirements ploying additional best management prac- eral Register that establishes best manage- under this title by States. tices, consistent with the elements described ment practices for— (2) PROCEDURES.—Procedures developed in subsection (b), to address new and emerg- (1) ballast water for commercial vessels op- and published under paragraph (1)— ing aquatic nuisance species or pollution erating in navigable waters of the United (A) may be periodically updated; threats, implement more effective practices, States within the Great Lakes and Saint (B) shall describe the conditions and proce- or update guidelines to harmonize require- Lawrence River; and dures under which the Secretary may sus- ments on owners and operators of commer- (2) discharges incidental to the normal op- pend the agreement described in paragraph cial vessels described in subsection (a). eration of a commercial vessel in navigable (3); and (2) DETERMINATION.— waters of the United States for commercial (C) shall have a mechanism for the Sec- (A) IN GENERAL.—Not later than 180 days vessels operating in the Great Lakes and retary to provide to the Governor of a State, after receiving a petition under paragraph Saint Lawrence River that— if requested by the Governor, access to Auto- (1), the Secretary, in coordination with the (A) are greater than or equal to 79 feet in mated Identification System arrival data for Administrator, shall determine which, if length; and inbound vessels to specific ports or places of any, best management practices included in (B) are not fishing vessels, including fish destination in the State. such petition shall be required of commer- processing vessels and fish tender vessels (as (3) STATE ENFORCEMENT.—The Secretary cial vessels described in subsection (a). such terms are defined in section 2101 of title shall enter into an agreement with the Gov- (B) CONSULTATION.—The Secretary shall 46, United States Code). ernor of a State to authorize the State to in- (b) ELEMENTS.—The Secretary, in concur- consult with the Governors of other Great spect vessels to enforce the provisions of this rence with the Administrator and in con- Lakes States and owners or operators of title in accordance with the procedures de- sultation with the Governors of the Great commercial vessels that would be subject to veloped under paragraph (1). Lakes States and the owners or operators of best management practices pursuant to (b) FEES.— commercial vessels described in subsection paragraph (1) before making a determination (1) IN GENERAL.—Subject to paragraphs (2), (a), shall ensure that the best management under subparagraph (A). (3), and (4), a State that assesses a permit practices established under subsection (a)— (3) TREATMENT OF PETITION.—The Secretary fee, inspection fee, or other fee related to the (1) mitigate the adverse impacts on the may treat more than one petition submitted regulation of ballast water or a discharge in- marine environment from discharges inci- under paragraph (1) as a single petition. cidental to the normal operation of a com- dental to the normal operation of a commer- (4) PUBLIC AVAILABILITY.—The Secretary mercial vessel before the date of the enact- cial vessel and aquatic invasive species; shall make publicly available a petition and ment of this Act may assess a fee to cover (2) use marine pollution control devices any supporting documentation submitted the costs of program administration, inspec- when appropriate; under paragraph (1) for not less than 60 days tion, and enforcement activities by the (3) are economically achievable and oper- prior to approving or disapproving such peti- State. ationally practicable; tion. (2) MAXIMUM FEE.—Except as provided in (4) do not compromise the safety of a com- (g) IMPLEMENTATION.— paragraph (3), a State may assess a fee under mercial vessel; and (1) IN GENERAL.—The Secretary shall im- this subsection of not more than $1,000 per (5) to the extent possible, apply consist- plement the best management practices es- qualifying voyage to the owner or operator ently to all navigable waters of the United tablished by final rule under subsection (a) of a commercial vessel arriving at a port or States within the Great Lakes and Saint not later than 60 days after the date on place of destination in the State. Lawrence River. which the final rule is published in the Fed- (3) COMMERCIAL VESSELS ENGAGED IN COAST- (c) TRANSITION.— eral Register as required by such subsection. WISE TRADE.—A State may not assess more (1) IN GENERAL.—Notwithstanding the expi- (2) IMPLEMENTATION OF PRACTICES BY STATE than $5,000 in fees per vessel each year to the ration date for the General Permit and to PETITION.—Not later than 90 days after mak- owner or operator of a commercial vessel the extent to which they do not conflict with ing a determination under subsection (f)(2), registered under the laws of the United section ll04(b), the following best manage- the Secretary shall, by rule published in the States and lawfully engaged in the coastwise ment practices applicable to commercial ves- Federal Register, require commercial vessels trade. sels described in subsection (a) shall remain that would be subject to the revised best (4) ADJUSTMENT FOR INFLATION.—A State in effect until the date on which the best management practices described in such sub- may adjust a fee authorized by this sub- management practices described in such sub- section to implement such practices. section every 5 years to reflect the percent- section are implemented under subsection (h) EMERGENCY BEST MANAGEMENT PRAC- age by which the Consumer Price Index for (g)(1): TICES.—The Secretary, in concurrence with all urban consumers published by the De- (A) Best management practices required by the Administrator, may establish emergency partment of Labor for the month of October Part 2 of the General Permit. best management practices if the Secretary, immediately preceding the date of adjust- (B) Such other practices as required by the in concurrence with the Administrator, de- ment exceeds the Consumer Price Index for Secretary. termines that such emergency best manage- all urban consumers published by the De- (2) PART 6 BEST MANAGEMENT PRACTICES.— ment practices are necessary to reduce the partment of Labor for the month of October Notwithstanding the expiration date for the risk of introduction or establishment of that immediately precedes the date that is 5 General Permit and to the extent to which aquatic nuisance species. years before the date of adjustment.

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(5) QUALIFYING VOYAGE.—In this sub- 4725) is amended by adding at the end the fol- (B) PROHIBITION ON FUNDING LITIGATION.—A section, the term ‘‘qualifying voyage’’ means lowing: ‘‘Ballast water and discharges inci- grant awarded under the Program may not a vessel arrival at a port or place of destina- dental to the normal operation of a commer- be used to fund litigation in any matter. tion in a State by a commercial vessel that cial vessel, as such terms are defined in the (5) ADMINISTRATION.—Not later than 90 has operated outside of that State and ex- Vessel Incidental Discharge Act, shall be days after the date of enactment of this Act, cludes movement entirely within a single regulated pursuant to such Act.’’. the Foundation, in consultation with the port or place of destination. Secretary of Commerce, shall establish the SEC. ll13. QUAGGA MUSSEL. (c) EFFECT ON STATE AUTHORITY.—Except following: as provided in subsection (a) and as nec- The Secretary of the Interior shall pre- (A) Application and review procedures for essary to implement an agreement entered scribe by regulation that the quagga mussel awarding grants under the Program. into under such subsection, no State or po- (Dreissena rostriformis bugensis) is a species (B) Approval procedures for awarding litical subdivision thereof may adopt or en- that is injurious under section 42 of title 18, grants under the Program. Such procedures force any statute, regulation, or other re- United States Code. shall require consultation with the Sec- quirement of the State or political subdivi- SEC. ll14. COASTAL AQUATIC INVASIVE SPE- retary of the Interior and the Administrator. sion with respect to— CIES MITIGATION GRANT PROGRAM (C) Performance accountability and moni- (1) a discharge into navigable waters of the AND MITIGATION FUND. toring measures for activities funded by a United States from a commercial vessel of (a) COASTAL AQUATIC INVASIVE SPECIES grant awarded under the Program. ballast water; or MITIGATION GRANT PROGRAM.— (D) Procedures and methods to ensure ac- (2) a discharge into navigable waters of the (1) DEFINITIONS.—In this subsection: curate accounting and appropriate adminis- United States incidental to the normal oper- (A) COASTAL ZONE.—The term ‘‘coastal tration of grants awarded under the Pro- ation of a commercial vessel. zone’’ has the meaning given the term in sec- gram, including standards of record keeping. (d) PRESERVATION OF AUTHORITY.—Nothing tion 304 of the Coastal Zone Management Act (6) MATCHING REQUIREMENT.—Each eligible in this title may be construed as affecting of 1972 (16 U.S.C. 1453). entity awarded a grant under the Program to the authority of a State or political subdivi- (B) ELIGIBLE ENTITY.—The term ‘‘eligible carry out an activity shall provide matching sion thereof to adopt or enforce any statute, entity’’ means a State government, local funds to carry out such activity, in cash or regulation, or other requirement with re- government, Indian Tribe, nongovernmental through in-kind contributions from sources spect to any water or other substance dis- organization, or academic institution. other than the Federal Government, in an charged or emitted from a vessel in prepara- (C) EXCLUSIVE ECONOMIC ZONE.—The term amount equal to 50 percent of the cost of tion for transport of the vessel by land from ‘‘Exclusive Economic Zone’’ means the Ex- such activity. one body of water to another body of water. clusive Economic Zone of the United States, (7) FUNDING.—The Secretary of Commerce SEC. ll12. EFFECT ON OTHER LAWS. as established by Presidential Proclamation and the Foundation shall use the amounts (a) APPLICATION OF FEDERAL WATER POLLU- 5030 of March 10, 1983 (16 U.S.C. 1453 note). available in the Coastal Aquatic Invasive TION CONTROL ACT.— (D) FOUNDATION.—The term ‘‘Foundation’’ Species Mitigation Fund established under (1) IN GENERAL.—Except as provided in sec- means the National Fish and Wildlife Foun- subsection (b), to award grants under the tions ll08(b) and ll09(c) of this title, or in dation established by section 2(a) of the Na- Program. section 159.309 of title 33, Code of Federal tional Fish and Wildlife Foundation Estab- (b) COASTAL AQUATIC INVASIVE SPECIES Regulations (or similar successor regula- lishment Act (16 U.S.C. 3701(a)). MITIGATION FUND.— tions), on and after the date of the enact- (E) PROGRAM.—The term ‘‘Program’’ means (1) CREATION OF FUND.—There is established ment of this Act, section 402 of the Federal the Coastal Aquatic Invasive Species Mitiga- in the Treasury of the United States a trust Water Pollution Control Act (33 U.S.C. 1342) tion Grant Program established under para- fund to be known as the ‘‘Coastal Aquatic shall not apply to a discharge into navigable graph (2). Invasive Species Mitigation Fund’’ (referred waters of the United States of ballast water (2) ESTABLISHMENT.—The Secretary of to in this section as the ‘‘Fund’’), consisting from a commercial vessel or a discharge inci- Commerce and the Foundation shall estab- of such amounts as may be appropriated or dental to the normal operation of a commer- lish the Coastal Aquatic Invasive Species credited to the Fund as provided in this sec- cial vessel. Mitigation Grant Program to award grants tion or section 9602 of the Internal Revenue (2) OIL AND HAZARDOUS SUBSTANCE LIABIL- to eligible entities, as described in this sub- Code of 1986. ITY; MARINE SANITATION DEVICES.—Nothing in section. (2) TRANSFERS TO FUND.— this title may be construed as affecting the (3) PURPOSES.—The purposes of the Pro- (A) APPROPRIATION.—There is authorized to application to a commercial vessel of section gram are— be appropriated from the Treasury to the 311 or 312 of the Federal Water Pollution (A) to improve the understanding, preven- Fund each fiscal year an amount equal to Control Act (33 U.S.C. 1321; 1322). tion, and mitigation of, and response to, the penalties assessed under section ll03(b) (b) ESTABLISHED REGIMES.—Notwith- aquatic invasive species in the coastal zone of this title in the prior fiscal year. standing any other provision of this title, and the Exclusive Economic Zone; (B) AUTHORIZATION OF FURTHER APPROPRIA- nothing in this title may be construed as af- (B) to support the prevention and mitiga- TIONS.—There is authorized to be appro- fecting the authority of the Federal Govern- tion of impacts from aquatic invasive species priated to the Fund, in addition to the ment under— in the coastal zone of the United States; and amounts transferred to the Fund under para- (1) the Act to Prevent Pollution from Ships (C) to support the restoration of marine, graph (1), $5,000,000 for each fiscal year. (33 U.S.C. 1901 et seq.) with respect to the estuarine, Pacific Island habitats, and the (3) EXPENDITURES FROM FUND.—Amounts in regulation by the Federal Government of Great Lakes environments in the coastal the Fund shall be available without further any discharge or emission that, on or after zone and the Exclusive Economic Zone that appropriation to the Secretary of Commerce the date of the enactment of this Act, is cov- are impacted by aquatic invasive species. and the National Fish and Wildlife Founda- ered under— (4) USE OF GRANTS.— tion established by section 2(a) of the Na- (A) the Protocol of 1978 Relating to the (A) IN GENERAL.—A grant awarded under tional Fish and Wildlife Foundation Estab- International Convention for the Prevention the Program shall be used for an activity to lishment Act to award grants under the of Pollution from Ships, 1973, with annexes carry out the purposes of the Program, in- Coastal Aquatic Invasive Species Mitigation and protocols, done at London February 17, cluding an activity— Grant Program established under subsection 1978; or (i) to develop and implement procedures (a)(2). (B) title XIV of division B of the Consoli- and programs to prevent, control, mitigate, SEC. ll15. RULES OF CONSTRUCTION. dated Appropriations Act, 2001 (33 U.S.C. 1901 or progressively eradicate aquatic invasive (a) INTERNATIONAL STANDARDS.—Nothing in note); species in the coastal zone or the Exclusive this title may be construed to impose any (2) title X of the Coast Guard Authoriza- Economic Zone, particularly in areas with design, equipment, or operation standard on tion Act of 2010 (33 U.S.C. 3801 et seq.) with high numbers of established aquatic invasive a commercial vessel not documented under respect to the regulation by the Federal Gov- species; the laws of the United States and engaged in ernment of any anti-fouling system that, on (ii) to restore habitat impacted by an innocent passage unless the standard imple- or after the date of the enactment of this aquatic invasive species; ments a generally accepted international Act, is covered under the International Con- (iii) to develop new shipboard and land- rule, as determined by the Secretary. vention on the Control of Harmful Anti-foul- based ballast water treatment system tech- (b) OTHER AUTHORITIES.—Nothing in this ing Systems on Ships, 2001, done at London nologies and performance standards to pre- title may construed as affecting the author- October 5, 2001; and vent the introduction of aquatic invasive ity of the Secretary of Commerce or the Sec- (3) section 312 of the Federal Water Pollu- species; retary of the Interior to administer lands or tion Control Act (33 U.S.C. 1322). (iv) to develop mitigation measures to pro- waters under the administrative control of (c) INTERNATIONAL LAW.—Any action taken tect natural and cultural living resources, the Secretary of Commerce or the Secretary under this title shall be taken in accordance including shellfish, from the impacts of of the Interior. with international law. aquatic invasive species; or (d) CONFORMING AMENDMENT.—Section 1205 (v) to develop mitigation measures to pro- SA 1929. Mr. WICKER submitted an of the Nonindigenous Aquatic Nuisance Pre- tect infrastructure, such as hydroelectric in- amendment intended to be proposed by vention and Control Act of 1990 (16 U.S.C. frastructure, from aquatic invasive species. him to the bill H.R. 1892, to amend title

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.031 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S717 4, United States Code, to provide for (A) IN GENERAL.—The term ‘‘commercial (iv) any discharge that results from an ac- the flying of the flag at half-staff in vessel’’ means— tivity other than the normal operation of a the event of the death of a first re- (i) a vessel (as defined in section 3 of title commercial vessel. sponder in the line of duty; which was 1, United States Code) that is engaged in (11) EMPTY BALLAST TANK.—The term commercial service (as defined in section ordered to lie on the table; as follows: ‘‘empty ballast tank’’ means a tank— 2101(5) of title 46, United States Code); or (A) intended to hold ballast water that has At the appropriate place, insert the fol- (ii) a vessel that is within the scope of the been drained to the limit of the functional or lowing: General Permit or Small Vessel General Per- operational capabilities of such tank, such as TITLE ll—VESSEL INCIDENTAL mit on the day before the date of enactment loss of suction, and otherwise recorded as DISCHARGE ACT of this Act. empty on a vessel log; and SEC. ll01. SHORT TITLE. (B) EXCLUSION.—The term ‘‘commercial (B) that contains unpumpable residual bal- This title may be cited as the ‘‘Vessel Inci- vessel’’ does not include— last water and sediments. dental Discharge Act’’. (i) a recreational vessel; or (12) EXCHANGE.—The term ‘‘exchange’’ SEC. ll02. DEFINITIONS. (ii) a vessel of the armed forces (as defined means, with respect to ballast water, to re- In this title: in section 312 of the Federal Water Pollution place the water in a ballast water tank using (1) ADMINISTRATOR.—The term ‘‘Adminis- Control Act (33 U.S.C. 1322)). one of the following methods: trator’’ means the Administrator of the En- (10) DISCHARGE INCIDENTAL TO THE NORMAL (A) Flow-through exchange, in which bal- vironmental Protection Agency. OPERATION OF A COMMERCIAL VESSEL.— last water is flushed out by pumping in mid- (2) AQUATIC NUISANCE SPECIES.—The term (A) IN GENERAL.—The term ‘‘discharge inci- ocean water at the bottom of the tank and ‘‘aquatic nuisance species’’ means a non- dental to the normal operation of a commer- continuously overflowing the tank from the indigenous species (including a pathogen, cial vessel’’ means— top until 3 full volumes of water has been microbe, or virus) that threatens the diver- (i) a discharge into navigable waters of the changed to minimize the number of original sity or abundance of native species or the ec- United States from a commercial vessel of— organisms remaining in the tank. ological stability of waters of the United (I)(aa) graywater, bilge water, cooling (B) Empty and refill exchange, in which States, or commercial, agricultural, water, oil water separator effluent, anti-foul- ballast water taken on in ports, estuarine aquacultural, or recreational activities de- ing hull coating leachate, boiler or econo- waters, or territorial waters is pumped out pendent on such waters. mizer blowdown, byproducts from cathodic until the pump loses suction, after which the (3) BALLAST WATER.— protection, controllable pitch propeller and ballast tank is refilled with mid-ocean (A) IN GENERAL.—The term ‘‘ballast water’’ thruster hydraulic fluid, distillation and re- water. means any water and suspended matter verse osmosis brine, elevator pit effluent, (13) GENERAL PERMIT.—The term ‘‘General taken on board a commercial vessel— firemain system effluent, freshwater layup Permit’’ means the ‘‘Final National Pollut- (i) to control or maintain trim, draught, effluent, gas turbine wash water, motor gas- ant Discharge Elimination System (NPDES) stability, or stresses of the commercial ves- oline and compensating effluent, refrigera- General Permit for Discharges Incidental to sel, regardless of how such water and matter tion and air condensate effluent, seawater the Normal Operation of a Vessel’’ noticed in is carried; or piping biofouling prevention substances, the Federal Register on April 12, 2013 (78 Fed. (ii) during the cleaning, maintenance, or boat engine wet exhaust, sonar dome efflu- Reg. 21938). other operation of a ballast tank or ballast ent, exhaust gas scrubber wash water, or (14) GREAT LAKES STATES.—The term water management system of the commer- stern tube packing gland effluent; or ‘‘Great Lakes States’’ means Illinois, Indi- cial vessel. (bb) any other pollutant associated with ana, Michigan, Minnesota, New York, Ohio, (B) EXCLUSIONS.—The term ‘‘ballast water’’ the operation of a marine propulsion system, Pennsylvania, and Wisconsin. does not include any substance that is added shipboard maneuvering system, habitability (15) INDIAN TRIBE.—The term ‘‘Indian to water described in subparagraph (A) that system, or installed major equipment, or tribe’’ has the meaning given that term in is directly related to the operation of a prop- from a protective, preservative, or absorp- section 4(e) of the Indian Self-Determination erly functioning ballast water management tive application to the hull of a commercial and Education Assistance Act (25 U.S.C. system. vessel; 5304(e)). (4) BALLAST WATER DISCHARGE STANDARD.— (II) deck runoff, deck washdown, above the (16) MAJOR CONVERSION.—The term ‘‘major The term ‘‘ballast water discharge standard’’ waterline hull cleaning effluent, aqueous conversion’’ has the meaning given that means— film forming foam effluent, chain locker ef- term in section 2101(14a) of title 46, United (A) the numerical ballast water discharge fluent, non-oily machinery wastewater, un- States Code. standard set forth in section 151.2030 of title derwater ship husbandry effluent, welldeck (17) MARINE POLLUTION CONTROL DEVICE.— 33, Code of Federal Regulations, or section effluent, or fish hold and fish hold cleaning The term ‘‘marine pollution control device’’ 151.1511 of such title (as in effect on the date effluent; or of the enactment of this Act); or (III) any effluent from a properly func- means any equipment for installation or use (B) if the standard described in subpara- tioning marine engine; or on board a commercial vessel that is— graph (A) has been revised under section (ii) a discharge of a pollutant into navi- (A) designed to receive, retain, treat, con- ll06, such revised standard. gable waters of the United States in connec- trol, or discharge a discharge incidental to the normal operation of a commercial vessel; (5) BALLAST WATER MANAGEMENT SYSTEM.— tion with the testing, maintenance, or repair The term ‘‘ballast water management sys- of a system, equipment, or engine described and tem’’ means any system, including all bal- in subclause (I)(bb) or (III) of clause (i) when- (B) determined by the Secretary, in con- last water treatment equipment and all asso- ever the commercial vessel is waterborne. sultation with the Administrator, to be the ciated control and monitoring equipment, (B) EXCLUSIONS.—The term ‘‘discharge in- most effective equipment or management that processes ballast water— cidental to the normal operation of a com- practice to reduce the environmental impact (A) to kill, render nonviable, or remove or- mercial vessel’’ does not include— of the discharge consistent with the consid- ganisms; or (i) any discharge into navigable waters of erations set forth in section ll08(a)(2). (B) to avoid the uptake or discharge of or- the United States from a commercial vessel (18) MID-OCEAN WATER.—The term ‘‘mid- ganisms. of— ocean water’’ means water greater than 200 (6) BEST AVAILABLE TECHNOLOGY ECONOMI- (I) ballast water; nautical miles from any shore. CALLY ACHIEVABLE.—The term ‘‘best avail- (II) rubbish, trash, garbage, incinerator (19) NAVIGABLE WATERS OF THE UNITED able technology economically achievable’’ ash, or other such material discharged over- STATES.—The term ‘‘navigable waters of the has the meaning given that term in sections board; United States’’ has the meaning given that 301(b)(2)(A) and 304(b)(2)(B) of the Federal (III) oil or a hazardous substance (as such term in section 2101(17a) of title 46, United Water Pollution Control Act (33 U.S.C. terms are defined in section 311 of the Fed- States Code. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term eral Water Pollution Control Act (33 U.S.C. (20) OPERATING IN A CAPACITY OTHER THAN applies to a mobile point source. 1321)); or AS A MEANS OF TRANSPORTATION ON WATER.— (7) BIOCIDE.—The term ‘‘biocide’’ means a (IV) sewage (as defined in section 312(a)(6) The term ‘‘operating in a capacity other substance or organism that is introduced of the Federal Water Pollution Control Act than as a means of transportation on water’’ into or produced by a ballast water manage- (33 U.S.C. 1322(a)(6))); or includes— ment system to kill or eliminate aquatic (ii) any emission of an air pollutant result- (A) when in use as an energy or mining fa- nuisance species as part of the process used ing from the operation onboard a commer- cility; to comply with a ballast water discharge cial vessel of a commercial vessel propulsion (B) when in use as a storage facility or sea- standard. system, motor driven equipment, or inciner- food processing facility; (8) CAPTAIN OF THE PORT ZONE.—The term ator; (C) when secured to a storage facility or ‘‘Captain of the Port Zone’’ means a Captain (iii) any discharge into navigable waters of seafood processing facility; and of the Port Zone established by the Sec- the United States from a commercial vessel (D) when secured to the bed of the ocean, retary pursuant to sections 92, 93, and 633 of when the commercial vessel is operating in a contiguous zone, or waters of the United title 14, United States Code. capacity other than as a means of transpor- States for the purpose of mineral or oil ex- (9) COMMERCIAL VESSEL.— tation on water; or ploration or development.

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(21) ORGANISM.—The term ‘‘organism’’ SEC. ll04. BALLAST WATER DISCHARGE RE- solely from waters located between the par- means any organism and includes pathogens, QUIREMENTS. allel 43 degrees, 32 minutes north latitude, microbes, viruses, bacteria, and fungi. (a) IN GENERAL.— including the internal waters of the Colum- (22) OWNER OR OPERATOR.—The term (1) REQUIREMENTS.—Except as provided in bia River, and the internal waters of Canada ‘‘owner or operator’’ means a person owning, paragraph (7), and subject to sections 151.2035 south of parallel 50 degrees north latitude, operating, or chartering by demise a com- and 151.2036 of title 33, Code of Federal Regu- including the waters of the Strait of Georgia mercial vessel. lations (as in effect on the date of the enact- and the Strait of Juan de Fuca. (23) PACIFIC COAST REGION.—The term ‘‘Pa- ment of this Act), an owner or operator may (ii) A commercial vessel voyaging between cific Coast Region’’ means Federal and State discharge ballast water into navigable ports or places of destination in the States of waters of the United States from a commer- waters adjacent to Alaska, Washington, Or- Washington and Oregon if the ballast water cial vessel covered under subsection (b) only egon, or California extending from shore and to be discharged from such vessel originated if the owner or operator discharges the bal- including the entire exclusive economic zone solely from waters located between the par- last water in accordance with requirements (as defined in section 1001(8) of the Oil Pollu- allel 40 degrees north latitude and the par- established by this title or the Secretary. tion Act of 1990 (33 U.S.C. 2701(8))) adjacent allel 50 degrees north latitude. (2) COMMERCIAL VESSELS ENTERING THE to each such State. (iii) A commercial vessel voyaging between GREAT LAKES SYSTEM.—If a commercial ves- (24) POLLUTANT.—The term ‘‘pollutant’’ sel enters the Great Lakes through the ports or places of destination in the State of has the meaning given that term in section California within the San Francisco Bay 502(6) of the Federal Water Pollution Control mouth of the Saint Lawrence River, the owner or operator shall— area east of the Golden Gate Bridge, includ- Act (33 U.S.C. 1362(6)). (A) comply with the applicable require- ing the Port of Stockton and the Port of (25) PORT OR PLACE OF DESTINATION.—The ments of— Sacramento, if any ballast water to be dis- term ‘‘port or place of destination’’ means (i) paragraph (1); charged from such vessel originated solely any port or place to which a vessel is bound (ii) subpart C of part 151 of title 33, Code of from ports or places within such area. to anchor or moor. Federal Regulations (or similar successor (iv) A commercial vessel voyaging between (26) RECREATIONAL VESSEL.—The term ‘‘rec- regulations); and the Port of Los Angeles, the Port of Long reational vessel’’ has the meaning given that (iii) section 401.30 of such title (or similar Beach, and the El Segundo offshore marine term in section 502 of the Federal Water Pol- successor regulations); and oil terminal if any ballast water to be dis- lution Control Act (33 U.S.C. 1362). (B) after operating— charged from such vessel originated solely (27) RENDER NONVIABLE.—The term ‘‘render (i) outside the exclusive economic zone of from the Port of Los Angeles, the Port of nonviable’’ means, with respect to organisms the United States or Canada, conduct a com- Long Beach, or the El Segundo offshore ma- in ballast water, the action of a ballast plete ballast water exchange in an area that rine oil terminal. water management system that leaves such is 200 nautical miles or more from any shore (v) A commercial vessel voyaging between organisms permanently incapable of repro- before the owner or operator may discharge a port or place in the State of Alaska within duction following treatment. ballast water while operating in the Saint a single Captain of the Port Zone. (28) SALTWATER FLUSH.—The term ‘‘salt- Lawrence River or the Great Lakes, subject (4) EMPTY BALLAST TANKS.— water flush’’— to any requirements the Secretary deter- (A) REQUIREMENTS.—Except as provided in (A) means— mines necessary with regard to such ex- subparagraph (B) and paragraph (6), the (i) the addition of as much mid-ocean change or any ballast water management owner or operator of a commercial vessel water into each empty ballast tank of a com- system that is to be used in conjunction with with empty ballast tanks shall conduct a mercial vessel as is safe for such vessel and such exchange, to ensure that any discharge saltwater flush— crew and the mixing of the flushwater with of ballast water complies with the require- (i) at least 200 nautical miles from any residual water and sediment through the mo- ments under paragraph (1); or shore for voyages originating outside the tion of such vessel; and (ii) exclusively within the territorial United States or Canadian exclusive eco- (ii) the discharge of the mixed water, such waters or exclusive economic zone of the nomic zone; or that the resultant residual water remaining United States or Canada, conduct a complete (ii) at least 50 nautical miles from any in the tank has the highest salinity possible, ballast water exchange outside the Saint shore for voyages within the Pacific Coast and is at least 30 parts per thousand; and Lawrence River and the Great Lakes in an Region. (B) may require more than one fill-mix- area that is 50 nautical miles or more from (B) EXCEPTION.—The requirements of sub- empty sequence, particularly if only small any shore before the owner or operator may paragraph (A) shall not apply— amounts of water can be safely taken on- discharge ballast water while operating in (i) if a ballast tank’s unpumpable residual board the commercial vessel at one time. the Saint Lawrence River or the Great waters and sediments were subject to a salt- (29) SECRETARY.—Except as otherwise spec- Lakes, subject to any requirements the Sec- water flush, ballast water exchange, or treat- ified, the term ‘‘Secretary’’ means the Sec- retary determines necessary with regard to ment through a ballast water management retary of the department in which the Coast such exchange or any ballast water manage- system; or Guard is operating. ment system that is to be used in conjunc- (ii) unless otherwise required under this (30) SMALL VESSEL GENERAL PERMIT.—The tion with such exchange, to ensure that any title, if the ballast tank’s unpumpable resid- term ‘‘Small Vessel General Permit’’ means discharge of ballast water complies with the ual waters and sediments were sourced with- the ‘‘Final National Pollutant Discharge requirements under paragraph (1), unless in the same port or place of destination, or Elimination System (NPDES) General Per- traveling 50 nautical miles or more from Captain of the Port Zone. mit for Discharges Incidental to the Normal shore would compromise commercial vessel (5) LOW SALINITY BALLAST WATER.— Operation of a Small Vessel’’ noticed in the safety or is otherwise prohibited by any do- (A) IN GENERAL.—Except as provided in Federal Register on September 10, 2014 (79 mestic or international regulation. subparagraph (B) and paragraph (6), owners Fed. Reg. 53702) (3) COMMERCIAL VESSELS OPERATING WITHIN or operators of commercial vessels that SEC. ll03. TREATMENT OF EXISTING BALLAST THE PACIFIC COAST REGION.— transport ballast water sourced from waters WATER REGULATIONS. (A) IN GENERAL.—Except as provided in with a measured salinity of less than 18 parts subparagraph (C) and paragraph (6), the per thousand, except as provided by a public (a) EFFECT ON EXISTING REGULATIONS.— owner or operator of a commercial vessel de- or commercial source under subsection Any regulation issued pursuant to the Non- scribed in subparagraph (B) shall conduct a (b)(2)(C), and voyage to a Pacific Coast Re- indigenous Aquatic Nuisance Prevention and complete ballast water exchange in waters gion port or place of destination that has a Control Act of 1990 (16 U.S.C. 4701 et seq.) more than 50 nautical miles from shore. measured salinity of less than 18 parts per that is in effect on the day before the date of (B) COMMERCIAL VESSEL DESCRIBED.—A thousand shall conduct a complete ballast the enactment of this Act, and that relates commercial vessel described in this subpara- water exchange— to a matter subject to regulation under this graph is a commercial vessel— (i) more than 50 nautical miles from shore title, shall remain in full force and effect un- (i) operating between 2 ports or places of if the ballast water was sourced from a Pa- less or until superseded by a new regulation destination within the Pacific Coast Region; cific Coast Region port or place of destina- issued under this title relating to such mat- or tion; or ter. (ii) operating between a port or place of (ii) more than 200 nautical miles from (b) APPLICATION OF OTHER REGULATIONS.— destination within the Pacific Coast Region shore if the ballast water was not sourced (1) IN GENERAL.—The regulations issued and a port or place of destination on the Pa- from a Pacific Coast Region port or place of pursuant to the Nonindigenous Aquatic Nui- cific Coast of Canada or Mexico north of 20 destination. sance Prevention and Control Act of 1990 (16 degrees north latitude, inclusive of the Gulf (B) EXCEPTION.—The requirements of sub- U.S.C. 4701 et seq.) relating to sanctions for of California. paragraph (A) shall not apply to a commer- violating a regulation under that Act shall (C) EXEMPTIONS.—Subparagraph (A) shall cial vessel that has a ballast water manage- apply to violations of a regulation issued not apply to the following: ment system approved for treating fresh- under this title. (i) A commercial vessel voyaging between water at concentrations prescribed in section (2) PENALTIES.—The penalties for viola- or to a port or place of destination in the ll06(a)(1)(A) or that retains all of its bal- tions described in paragraph (1) shall in- State of Washington, if the ballast water to last water. crease consistent with inflation. be discharged from such vessel originated (6) EXEMPTED VESSELS.—

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(A) IN GENERAL.—The requirements of aquatic nuisance species into navigable (i) after completion of the first scheduled paragraphs (3), (4), and (5) shall not apply to waters of the United States, as determined vessel dry docking that commences on or a commercial vessel if— by the Secretary; after the date that is 3 years after the date (i) complying with such requirements (B) in the National Defense Reserve Fleet that the Secretary requires compliance would compromise the safety of the commer- that is scheduled for disposal, if the vessel under subparagraph (C), for a vessel built on cial vessel; does not have ballast water management or before the date that is 3 years after date (ii) design limitations of the commercial systems or the ballast water management the Secretary terminates such exemption; or vessel prevent ballast water exchange or systems of the vessel are inoperable; (ii) upon entry into the navigable waters of saltwater flush from being conducted; (C) that discharges ballast water con- the United States for a vessel that is built (iii) the commercial vessel is certified by sisting solely of water taken aboard from a after the date that is 3 years after the date the Secretary as having no residual ballast public or commercial source that, at the the Secretary requires compliance under water or sediments on board or retains all its time the water is taken aboard, meets the subparagraph (C) for such class of vessels. ballast water while in waters subject to such applicable regulations or permit require- (F) REPORT.—Not less than 60 days after a requirements; or ments for such source under the Safe Drink- determination by the Secretary under sub- (iv) empty ballast tanks on the commer- ing Water Act (42 U.S.C. 300f et seq.); paragraph (C)(iv), the Secretary shall pro- cial vessel are sealed and certified by the (D) in an alternative compliance program vide a report to the Committee on Com- Secretary so there is no discharge or uptake established pursuant to subsection (c); merce, Science, and Transportation of the and subsequent discharge of ballast waters (E) that carries all of its permanent ballast Senate and the Committee on Transpor- subject to such requirements. water in sealed tanks that are not subject to tation and Infrastructure of the House of (B) ADDITIONAL EXEMPTIONS.—The require- discharge; or Representatives describing how the costs ments of paragraphs (3) and (4) shall not (F) uses other liquid or material as ballast were considered in the assessment required apply to a commercial vessel if the commer- and does not discharge ballast overboard. by that subparagraph. cial vessel uses a method of ballast water (3) VESSELS OPERATING EXCLUSIVELY WITHIN (c) RECEPTION FACILITIES; TRANSFER management approved by the Coast Guard THE GREAT LAKES AND SAINT LAWRENCE STANDARDS.—The Secretary, in coordination under section ll05 of this title or subpart RIVER.— with the Administrator, may promulgate 162.060 of title 46, Code of Federal Regula- standards for the arrangements necessary on tions (or similar successor regulations). (A) IN GENERAL.—A commercial vessel that operates exclusively within the Great Lakes a vessel to transfer ballast water to a facil- (7) SAFETY EXEMPTION.—Notwithstanding paragraphs (1) through (6), an owner or oper- and Saint Lawrence River shall be subject to ity. ator of a commercial vessel may discharge subsection (a). SEC. ll05. APPROVAL OF BALLAST WATER MAN- ballast water into navigable waters of the (B) TRANSITION.—Notwithstanding subpara- AGEMENT SYSTEMS. graph (A), a commercial vessel that operates United States from a commercial vessel if— (a) BALLAST WATER MANAGEMENT SYSTEMS exclusively within the Great Lakes and (A) the ballast water is discharged solely THAT RENDER ORGANISMS NONVIABLE.—Not- Saint Lawrence River that is not required to to ensure the safety of life at sea; withstanding chapter 5 of title 5, United comply with the ballast water discharge (B) the ballast water is discharged acciden- States Code, part 151 of title 33, Code of Fed- standard on the day before the date of enact- tally as the result of damage to the commer- eral Regulations (or similar successor regu- ment of this Act shall transition into com- cial vessel or its equipment and— lations), and part 162 of title 46, Code of Fed- pliance with subsection (a) under the special (i) all reasonable precautions to prevent or eral Regulations (or similar successor regu- rules established in subparagraph (C) of this minimize the discharge have been taken; and lations), a ballast water management system subsection: (ii) the owner or operator did not willfully that renders nonviable organisms in ballast (C) SPECIAL RULES.—The Secretary shall or recklessly cause such damage; or water at the concentrations prescribed in the require a class of commercial vessels de- (C) the ballast water is discharged solely ballast water discharge standard shall be ap- scribed in subparagraph (B) of this sub- for the purpose of avoiding or minimizing a proved by the Secretary, if— section to comply with subsection (a) only if discharge from the commercial vessel of a (1) such system— the Secretary— pollutant that would violate a Federal or (A) undergoes type approval testing at an (i) approves a ballast water management State law. independent laboratory designated by the system for such class of commercial vessels (8) LOGBOOK REQUIREMENTS.—Section Secretary under such regulations; and under section ll05 of this title or subpart 11301(b) of title 46, United States Code, is (B) meets the requirements of subpart 162.060 of title 46, Code of Federal Regula- amended by adding at the end the following 162.060 of title 46, Code of Federal Regula- tions (or similar successor regulation); new paragraph: tions (or similar successor regulations), (ii) determines that such ballast water ‘‘(13) when a commercial vessel does not other than the requirements related to stain- carry out ballast water management require- management system meets the operationally ing methods or measuring the concentration ments as applicable and pursuant to regula- practicable criteria described in section of living organisms; and tions promulgated and issued by the Sec- ll06 with respect to such class of commer- (2) such laboratory uses a testing method retary, including when such a vessel fails to cial vessels complying with the ballast water described in a final policy letter published carry out ballast water management require- discharge standard; under subsection (c)(3). ments due to an allowed safety exemption, a (iii) determines that requiring such class of statement about the failure to comply and commercial vessels to comply with the bal- (b) PROHIBITION ON BIOCIDES.—The Sec- the circumstances under which the failure last water discharge standard is operation- retary shall not approve a ballast water occurred, made immediately after when ally practicable for such class of commercial management system under subsection (a) or practicable to do so.’’. vessels; and subpart 162.060 of title 46, Code of Federal (9) LIMITATION OF REQUIREMENTS.—In estab- (iv) in coordination with the Adminis- Regulations (or similar successor regula- lishing requirements under this subsection, trator, conducts a probabilistic assessment tions), if such system— the Secretary may not require the installa- of the benefits to the environment and the (1) uses a biocide or generates a biocide tion of a ballast water management system costs to industry of compliance with sub- that is a pesticide, as defined in section 2 of on a commercial vessel that— section (a) by such class of commercial ves- the Federal Insecticide, Fungicide, and (A) carries all of its ballast water in sealed sels and determines that such benefits ex- Rodenticide Act (7 U.S.C. 136), unless the tanks that— ceed such costs. biocide is registered under that Act or the (i) are not subject to discharge; (D) RECONSIDERATION.—If the Secretary de- Administrator has approved the use of the (ii) have been certified by the Secretary; termines under subparagraph (C)(iv) that biocide in such ballast water management and such benefits do not exceed such costs, the system; or (iii) have been noted in the commercial Secretary, in coordination with the Adminis- (2) uses or generates a biocide the dis- vessel logbook; or trator, shall reconsider the determination of charge of which causes or contributes to a (B) discharges ballast water solely into a the Secretary under that subparagraph— violation of a water quality standard under reception facility described in subsection (d). (i) if a petition is received from a Governor section 303 of the Federal Water Pollution (b) APPLICABILITY.— of a Great Lakes State that— Control Act (33 U.S.C. 1313). (1) COVERED VESSELS.—Except as provided (I) includes new data or science not consid- (c) APPROVAL TESTING METHODS.— in paragraphs (2) and (3), subsection (a) shall ered during such determination; and (1) DRAFT POLICY.—Not later than 60 days apply to any commercial vessel that is de- (II) is submitted not less than 1 year after after the date of the enactment of this Act, signed, constructed, or adapted to carry bal- the date of such determination; or the Secretary, in coordination with the Ad- last water while such commercial vessel is (ii) not later than 5 years after the date of ministrator, shall publish a draft policy let- operating in navigable waters of the United such determination. ter, based on the best available science, de- States. (E) COMPLIANCE DEADLINE.—A class of com- scribing type approval testing methods and (2) EXEMPTED VESSELS.—Subsection (a) mercial vessels that is required by the Sec- protocols for ballast water management sys- shall not apply to a commercial vessel— retary to comply with subsection (a) under tems that may be used in addition to the (A) that continuously takes on and dis- the special rules established by subparagraph methods established in subpart 162.060 of charges ballast water in a flow-through sys- (C) of this subsection shall comply with the title 46, Code of Federal Regulations (or tem, if such system does not introduce ballast water discharge standard— similar successor regulations)—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S720 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) to measure the concentration of orga- the Secretary and the Administrator con- the risk of the introduction or establishment nisms in ballast water that are capable of re- sider appropriate. of aquatic nuisance species; production; (B) ALTERNATIVE REVISED STANDARD.—If (ii) information regarding any ballast (B) to certify the performance of each bal- the Secretary, in concurrence with the Ad- water management systems that may last water management system under this ministrator, finds— achieve the proposed ballast water discharge section; and (i) that the ballast water discharge stand- standard; (C) to certify laboratories to evaluate such ard cannot be revised to reflect the level of (iii) the scientific and technical informa- treatment technologies. stringency set forth in subparagraph (A), the tion on which the petition is based, including (2) PUBLIC COMMENT.—The Secretary shall Secretary, in concurrence with the Adminis- a description of the risk reduction that provide for a period of not more than 60 days trator, shall determine whether the applica- would result from the proposed ballast water for the public to comment on the draft pol- tion of the best available technology eco- discharge standard included under clause (i); icy letter published under paragraph (1). nomically achievable and operationally prac- and (3) FINAL POLICY.— ticable would result in a reduction of the (iv) any additional information the Sec- (A) IN GENERAL.—Not later than 150 days risk of introduction or establishment of retary considers appropriate. after the date of the enactment of this Act, aquatic nuisance species such that the bal- (D) PUBLIC AVAILABILITY.—Upon receiving the Secretary, in coordination with the Ad- last water discharge standard can be revised a petition under subparagraph (A), the Sec- ministrator, shall publish a final policy let- to be more stringent than the standard set retary shall make publicly available a copy ter describing type approval testing methods forth in section 151.2030 or 151.1511 of title 33, of the petition, including the information in- for ballast water management systems capa- Code of Federal Regulations, as in effect on cluded under subparagraph (C). ble of measuring the concentration of orga- the date of the enactment of this Act; or (E) TREATMENT OF MORE THAN ONE PETITION nisms in ballast water that are capable of re- (ii) that the application of best available AS A SINGLE PETITION.—The Secretary may production based on the best available technology economically achievable and treat more than one petition submitted science that may be used in addition to the operationally practicable would result in a under subparagraph (A) as a single such peti- methods established in subpart 162.060 of reduction of the risk of introduction or es- tion. title 46, Code of Federal Regulations (or tablishment of aquatic nuisance species such (F) AUTHORITY TO REVIEW.—After receiving similar successor regulations). that the ballast water discharge standard a petition that meets the requirements of (B) REVISIONS.—The Secretary shall revise can be revised to be more stringent than the this paragraph, the Secretary, in concur- the final policy letter published under sub- standard under subparagraph (A) with re- rence with the Administrator, may conduct paragraph (A) as additional testing methods spect to a class of vessels, the Secretary, in a review under paragraph (1) or (2) as the are determined by the Secretary, in coordi- concurrence with the Administrator, shall Secretary, in concurrence with the Adminis- nation with the Administrator, to be capable determine which revisions to the ballast trator, determines appropriate. of measuring the concentration of organisms water discharge standard shall be made for (4) ISSUANCE OF REVISED BALLAST WATER in ballast water that are capable of reproduc- that class of vessels to incorporate such DISCHARGE STANDARD.—The Secretary shall tion. more stringent standard. issue a rule to revise the ballast water dis- (C) CONSIDERATIONS.—In developing a pol- (C) OPERATIONALLY PRACTICABLE.—In deter- charge standard if the Secretary, in concur- icy letter under this paragraph, the Sec- mining operational practicability under this rence with the Administrator, determines on retary, in coordination with the Adminis- subsection, the Secretary, in concurrence the basis of the review under paragraph (1) or trator— with the Administrator, shall consider— (2) that— (i) shall consider a testing method that (i) whether a ballast water management (A) a ballast water management system uses organism grow out and most probable system is— that is capable of achieving the ballast water number statistical analysis to determine the (I) effective and reliable in the shipboard discharge standard as proposed to be revised concentration of organisms in ballast water environment; is the best available technology economi- that are capable of reproduction; and (II) compatible with the design and oper- cally achievable and operationally prac- (ii) shall not consider a testing method ation of a commercial vessel by class, type, ticable; and that relies on a staining method that meas- and size; ures the concentration of organisms greater (III) commercially available; and (B) testing protocols can be practicably than or equal to 10 micrometers and orga- (IV) safe; implemented that can assure accurate meas- nisms less than or equal to 50 micrometers. (ii) whether testing protocols can be prac- urement of compliance with the ballast water discharge standard as proposed to be SEC. ll06. REVIEW AND RAISING OF BALLAST ticably implemented that can assure accu- WATER DISCHARGE STANDARD. rate measurement of compliance with the revised. (a) STRINGENCY REVIEWS.— ballast water discharge standard as proposed (5) REQUIREMENT.—Any revised ballast (1) SIX-YEAR REVIEW.— to be revised; and water discharge standard issued in the rule (A) IN GENERAL.—Not later than January 1, (iii) other criteria that the Secretary, in under paragraph (4) shall be more stringent 2024, and subject to petitions for review concurrence with Administrator, considers than the ballast water discharge standard it under paragraph (3), the Secretary, in con- appropriate. replaces. currence with the Administrator, shall com- (2) TEN-YEAR REVIEWS.—Not later than Jan- (6) STANDARD NOT REVISED.—If the Sec- plete a review to determine whether, based uary 1, 2034, not less frequently than every 10 retary, in concurrence with the Adminis- on the application of the best available tech- years thereafter, and subject to petitions for trator, determines that the requirements of nology economically achievable and oper- review under paragraph (3), the Secretary, in this subsection have not been satisfied, the ationally practicable, the ballast water dis- concurrence with the Administrator, shall Secretary shall publish a description of how charge standard can be revised such that bal- conduct a review to determine whether the such determination was made. last water discharged in the normal oper- application of the best available technology (b) REVISED BALLAST WATER DISCHARGE ation of a vessel contains— economically achievable and operationally STANDARD EFFECTIVE DATE AND COMPLIANCE (i) less than 1 organism that is living or practicable as described in paragraph (1)(C) DEADLINE.— has not been rendered nonviable per 10 cubic results in a reduction in the risk of the in- (1) IN GENERAL.—If the Secretary issues a meters that is 50 or more micrometers in troduction or establishment of aquatic nui- rule to revise the ballast water discharge minimum dimension; sance species such that the ballast water dis- standard under subsection (a), the Secretary (ii) less than 1 organism that is living or charge standard can be revised to be more shall include in such rule— has not been rendered nonviable per 10 milli- stringent. (A) an effective date for the revised ballast liters that is less than 50 micrometers in (3) STATE PETITIONS FOR REVIEW.— discharge standard that is 3 years after the minimum dimension and more than 10 mi- (A) IN GENERAL.—The Governor of a State date on which such rule is published in the crometers in minimum dimension; may submit a petition requesting the Sec- Federal Register; and (iii) concentrations of indicator microbes retary to conduct a review under paragraph (B) for the owner or operator of a commer- that are less than— (1) or (2) if there is new information that cial vessel that is constructed or completes a (I) 1 colony-forming unit of toxicogenic could reasonably indicate the ballast water major conversion on or after the date that is Vibrio cholera (serotypes O1 and O139) per discharge standard could be made more 3 years after the date on which such rule is 100 milliliters or less than 1 colony-forming stringent to reduce the risk of the introduc- published in the Federal Register, a deadline unit of that microbe per gram of wet weight tion or establishment of aquatic nuisance to comply with the revised ballast water dis- of zoological samples; species. charge standard that is the first day on (II) 126 colony-forming units of escherichia (B) TIMING.—A Governor may not submit a which such commercial vessel operates in coli per 100 milliliters; and petition under subparagraph (A) during the navigable waters of the United States. (III) 33 colony-forming units of intestinal 1-year period following the date of comple- (2) VESSEL SPECIFIC COMPLIANCE DEAD- enterococci per 100 milliliters; and tion of a review under paragraph (1) or (2). LINES.—The Secretary may establish a dead- (iv) concentrations of such additional indi- (C) REQUIRED INFORMATION.—A petition line for compliance by a commercial vessel cator microbes and of viruses as may be submitted to the Secretary under subpara- (or a class, type, or size of commercial ves- specified in regulations issued by the Sec- graph (A) shall include— sel) with a revised ballast water discharge retary, in consultation with the Adminis- (i) a proposed ballast water discharge standard that is different than the general trator and such other Federal agencies as standard that would result in a reduction in deadline established under paragraph (1).

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(3) EXTENSIONS.—The Secretary shall es- (B) LIMITATION.—Subparagraph (A) shall sonian Environmental Research Center), the tablish a process for an owner or operator to cease to apply with respect to a commercial Secretary shall prepare and submit to the submit an application to the Secretary for vessel after— Task Force and the appropriate committees an extension of a compliance deadline estab- (i) the expiration of the service life of the of Congress and make available to the pub- lished under paragraphs (1) and (2). ballast water management system of the lic, on a biennial basis not later than 180 (4) APPLICATION FOR EXTENSION.—An owner commercial vessel, as determined by the days from the end of each odd numbered cal- or operator shall submit an application for Secretary; endar year, a report that synthesizes and an extension under paragraph (3) not less (ii) the expiration of the service life of the analyzes the data referred to in paragraph (1) than 90 days prior to the applicable compli- commercial vessel, as determined by the for the previous 2 years to evaluate nation- ance deadline established under paragraph Secretary; or wide status and trends relating to— (1) or (2). (iii) the completion of a major conversion ‘‘(A) ballast water delivery and manage- of the commercial vessel. ment; and (5) FACTORS.—In reviewing an application ‘‘(B) invasions of aquatic nuisance species under this subsection, the Secretary shall SEC. ll07. NATIONAL BALLAST INFORMATION CLEARINGHOUSE. resulting from ballast water. consider, with respect to the ability of an Subsection (f) of section 1102 of the Non- ‘‘(5) WORKING GROUP.—Not later than 1 year owner or operator to meet a compliance indigenous Aquatic Nuisance Prevention and after the date of the enactment of the Vessel deadline— Control Act of 1990 (16 U.S.C. 4712(f)) is Incidental Discharge Act, the Secretary (A) whether the ballast water management amended to read as follows: shall establish a working group that includes system to be installed, if applicable, is avail- ‘‘(f) NATIONAL BALLAST INFORMATION members from the National Ballast Informa- able in sufficient quantities to meet the CLEARINGHOUSE.— tion Clearinghouse and States with ballast compliance deadline; ‘‘(1) IN GENERAL.—The Secretary shall de- water management programs to establish a (B) whether there is sufficient shipyard or velop and maintain, in consultation and co- process for compiling and readily sharing other installation facility capacity; operation with the Task Force and the Federal and State commercial vessel report- (C) whether there is sufficient availability Smithsonian Institution (acting through the ing and enforcement data regarding compli- of engineering and design resources; Smithsonian Environmental Research Cen- ance with this Act. (D) commercial vessel characteristics, such ter), a National Ballast Information Clear- ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS as engine room size, layout, or a lack of in- inghouse of national data concerning— DEFINED.—In this subsection, the term ‘ap- stalled piping; ‘‘(A) ballasting practices; propriate committees of Congress’ means the (E) electric power generating capacity ‘‘(B) compliance with the guidelines issued Committee on Commerce, Science, and aboard the commercial vessel; pursuant to section 1101(c); and Transportation of the Senate and the Com- (F) the safety of the commercial vessel and ‘‘(C) any other information obtained by the mittee on Transportation and Infrastructure crew; and Task Force pursuant to subsection (b). of the House of Representatives.’’. (G) any other factor that the Secretary de- ‘‘(2) BALLAST WATER REPORTING REQUIRE- SEC. ll08. REQUIREMENTS FOR DISCHARGES termines appropriate. MENTS.— INCIDENTAL TO THE NORMAL OPER- (6) CONSIDERATION OF EXTENSIONS.— ‘‘(A) IN GENERAL.—The owner or operator ATION OF A COMMERCIAL VESSEL. (A) DETERMINATIONS.—The Secretary shall of a commercial vessel subject to this title (a) MANAGEMENT OF INCIDENTAL DISCHARGE approve or deny an application for an exten- shall submit the current ballast water man- FOR COMMERCIAL VESSELS.— sion of a compliance deadline submitted by agement report form approved by the Office (1) IN GENERAL.—Not later than 2 years an owner or operator under this subsection. of Management and Budget (OMB 1625–0069 after the date of the enactment of this Act, (B) DEADLINE.—The Secretary shall— or a subsequent form) to the National Bal- the Secretary, in concurrence with the Ad- (i) acknowledge receipt of an application last Information Clearinghouse not later ministrator and in consultation with the for an extension submitted under paragraph than 6 hours after the arrival of such vessel States, shall publish a final rule in the Fed- (4) not later than 30 days after the date of re- at a United States port or place, unless such eral Register that establishes best manage- ceipt of the application; and vessel is operating exclusively on a voyage ment practices for discharges incidental to between ports or places within a single Cap- (ii) to the extent practicable, approve or the normal operation of a commercial vessel tain of the Port Zone. deny such an application not later than 90 for commercial vessels that— ‘‘(B) MULTIPLE DISCHARGES WITHIN A SINGLE days after the date of receipt of the applica- (A) are greater than or equal to 79 feet in PORT.—The owner or operator of a commer- tion. length; cial vessel subject to this title may submit a (B) are not fishing vessels, including fish (C) FAILURE TO REVIEW.—If the Secretary single report under subparagraph (A) for does not approve or deny an application de- processing vessels and fish tender vessels (as multiple ballast water discharges within a such terms are defined in section 2101 of title scribed in subparagraph (A) on or before the single port during the same voyage. 46, United States Code); and last day of the 90-day period beginning on ‘‘(C) ADVANCED REPORT TO STATES.—A (C) are not subject to the best management the date of submission of the petition, the State may require the owner or operator of practices required under section ll09. petition shall be conditionally approved. a commercial vessel subject to this title to (2) ELEMENTS.—The best management prac- (7) PERIOD OF EXTENSIONS.—An extension submit directly to the State a ballast water tices established under paragraph (1) shall— granted to an owner or operator under para- management report form— (A) mitigate the adverse impacts on the graph (3)— ‘‘(i) not later than 24 hours prior to arrival marine environment from discharges inci- (A) may be granted for an initial period of at a United States port or place of destina- dental to the normal operation of a commer- not more than 18 months; tion if the voyage of such vessel is antici- cial vessel and aquatic invasive species; (B) may be renewed for additional periods pated to exceed 24 hours; or (B) use marine pollution control devices of not more than 18 months each; and ‘‘(ii) before departing the port or place of when appropriate; (C) may not be in effect for a total of more departure if the voyage of such vessel is not (C) be economically achievable and oper- than 5 years. anticipated to exceed 24 hours. ationally practicable; and (8) PERIOD OF USE OF INSTALLED BALLAST ‘‘(3) COMMERCIAL VESSEL REPORTING DATA.— (D) not compromise the safety of a com- WATER MANAGEMENT SYSTEM.— ‘‘(A) DISSEMINATION TO STATES.—Upon re- mercial vessel. N GENERAL (A) I .—Subject to subparagraph ceiving submission of a ballast water man- (3) IMPLEMENTATION.—The Secretary shall (B), an owner or operator shall be considered agement report required under paragraph (2), implement the best management practices to be in compliance with the ballast water the National Ballast Information Clearing- established by final rule under paragraph (1) discharge standard if— house shall— not later than 60 days after the date on (i) the ballast water management system ‘‘(i) in the case of forms submitted elec- which the final rule is published in the Fed- installed on the commercial vessel complies tronically, immediately disseminate the re- eral Register as required under such para- with the ballast water discharge standard in port to interested States; or graph. effect at the time of installation, notwith- ‘‘(ii) in the case of forms submitted by (b) TRANSITION.— standing any revisions to the ballast water means other than electronically, dissemi- (1) IN GENERAL.—Except as provided in sec- discharge standard occurring after the in- nate the report to interested States as soon tion ll09(c) and notwithstanding the expi- stallation; as practicable. ration date for the General Permit, any prac- (ii) the ballast water management system ‘‘(B) AVAILABILITY TO THE PUBLIC.—Not tice, limitation, or concentration applicable is maintained in proper working condition, later than 30 days after the date of the re- to any discharge incidental to the normal as determined by the Secretary; ceipt of a ballast water management report operation of a commercial vessel that is re- (iii) the ballast water management system required under paragraph (2), the National quired by the General Permit on the date of is maintained and used in accordance with Ballast Information Clearinghouse shall the enactment of this Act, and any reporting the manufacturer’s specifications; and make the data in such report fully and read- requirement required by the General Permit (iv) the ballast water management system ily available to the public in searchable and on such date of enactment, shall remain in continues to meet the ballast water dis- fully retrievable electronic formats. effect until the implementation date under charge standard applicable to the commer- ‘‘(4) REPORT.—In consultation and coopera- subsection (a)(3). cial vessel at the time of installation, as de- tion with the Task Force and the Smithso- (2) PART 6 CONDITIONS.—Except as provided termined by the Secretary. nian Institution (acting through the Smith- in section ll09(c) and notwithstanding

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(c) APPLICATION TO CERTAIN VESSELS.— amended by striking section 2. (f) REVISED PRACTICES BY STATE PETI- (1) APPLICATION OF FEDERAL WATER POLLU- SEC. ll09. BEST MANAGEMENT PRACTICES FOR TION.— TION CONTROL ACT.—No permit shall be re- GREAT LAKES VESSELS. (1) IN GENERAL.—The Governor of a Great quired under section 402 of the Federal Water (a) IN GENERAL.—Not later than 2 years Lakes State may petition the Secretary to Pollution Control Act (33 U.S.C. 1342) or pro- after the date of enactment of this Act, the revise the best management practices estab- hibition enforced under any other provision Secretary, in concurrence with the Adminis- lished under subsection (a), including by em- of law for, nor shall any best management trator, shall publish a final rule in the Fed- ploying additional best management prac- practice regarding a discharge incidental to eral Register that establishes best manage- tices, consistent with the elements described the normal operation of a commercial vessel ment practices for— in subsection (b), to address new and emerg- under this title apply to, a discharge inci- (1) ballast water for commercial vessels op- ing aquatic nuisance species or pollution dental to the normal operation of a commer- erating in navigable waters of the United threats, implement more effective practices, cial vessel if the commercial vessel— States within the Great Lakes and Saint or update guidelines to harmonize require- (A) is less than 79 feet in length; or Lawrence River; and ments on owners and operators of commer- (B) is a fishing vessel, including a fish (2) discharges incidental to the normal op- cial vessels described in subsection (a). processing vessel or fish tender vessel (as eration of a commercial vessel in navigable (2) DETERMINATION.— such terms are defined in section 2101 of title waters of the United States for commercial (A) IN GENERAL.—Not later than 180 days 46, United States Code). vessels operating in the Great Lakes and after receiving a petition under paragraph (2) APPLICATION OF GENERAL PERMIT AND Saint Lawrence River that— (1), the Secretary, in coordination with the SMALL VESSEL GENERAL PERMIT.—The terms (A) are greater than or equal to 79 feet in Administrator, shall determine which, if and conditions of the General Permit and the length; and any, best management practices included in Small Vessel General Permit shall cease to (B) are not fishing vessels, including fish such petition shall be required of commer- apply to vessels described in subparagraphs processing vessels and fish tender vessels (as cial vessels described in subsection (a). (A) and (B) of paragraph (1) on and after the such terms are defined in section 2101 of title (B) CONSULTATION.—The Secretary shall date of the enactment of this Act. 46, United States Code). consult with the Governors of other Great (d) REVIEW AND REVISION.—The Secretary, (b) ELEMENTS.—The Secretary, in concur- Lakes States and owners or operators of in concurrence with the Administrator and rence with the Administrator and in con- in consultation with the States, shall— commercial vessels that would be subject to sultation with the Governors of the Great best management practices pursuant to (1) review the practices and standards es- Lakes States and the owners or operators of tablished under subsection (a) not less fre- paragraph (1) before making a determination commercial vessels described in subsection under subparagraph (A). quently than once every 10 years; and (a), shall ensure that the best management (3) TREATMENT OF PETITION.—The Secretary (2) revise such practices consistent with practices established under subsection (a)— the elements described in paragraph (2) of may treat more than one petition submitted (1) mitigate the adverse impacts on the under paragraph (1) as a single petition. such subsection. marine environment from discharges inci- (e) STATE PETITION FOR REVISION OF BEST (4) PUBLIC AVAILABILITY.—The Secretary dental to the normal operation of a commer- shall make publicly available a petition and MANAGEMENT PRACTICES.— cial vessel and aquatic invasive species; (1) IN GENERAL.—The Governor of a State any supporting documentation submitted (2) use marine pollution control devices under paragraph (1) for not less than 60 days may submit a petition to the Secretary re- when appropriate; questing that the Secretary, in concurrence prior to approving or disapproving such peti- (3) are economically achievable and oper- tion. with the Administrator, revise a best man- ationally practicable; (g) IMPLEMENTATION.— agement practice established under sub- (4) do not compromise the safety of a com- section (a) if there is new information that (1) IN GENERAL.—The Secretary shall im- mercial vessel; and plement the best management practices es- could reasonably indicate that— (5) to the extent possible, apply consist- (A) revising the best management practice tablished by final rule under subsection (a) ently to all navigable waters of the United not later than 60 days after the date on would— States within the Great Lakes and Saint (i) mitigate the adverse impacts on the ma- which the final rule is published in the Fed- Lawrence River. eral Register as required by such subsection. rine environment from discharges incidental (c) TRANSITION.— (2) IMPLEMENTATION OF PRACTICES BY STATE to the normal operation of a commercial ves- (1) IN GENERAL.—Notwithstanding the expi- PETITION.—Not later than 90 days after mak- sel or from aquatic invasive species; and ration date for the General Permit and to ing a determination under subsection (f)(2), (ii) reduce the adverse effects on navigable the extent to which they do not conflict with the Secretary shall, by rule published in the waters of the United States of discharges in- section ll04(b), the following best manage- Federal Register, require commercial vessels cidental to the normal operation of a com- ment practices applicable to commercial ves- that would be subject to the revised best mercial vessel; and sels described in subsection (a) shall remain management practices described in such sub- (B) the revised best management practice in effect until the date on which the best section to implement such practices. would be economically achievable and oper- management practices described in such sub- (h) EMERGENCY BEST MANAGEMENT PRAC- ationally practicable. section are implemented under subsection TICES.—The Secretary, in concurrence with (2) REQUIRED INFORMATION.—A petition sub- (g)(1): the Administrator, may establish emergency mitted to the Secretary under paragraph (1) (A) Best management practices required by best management practices if the Secretary, shall include— Part 2 of the General Permit. in concurrence with the Administrator, de- (A) the scientific and technical informa- (B) Such other practices as required by the termines that such emergency best manage- tion on which the petition is based; and Secretary. ment practices are necessary to reduce the (B) any additional information the Sec- (2) PART 6 BEST MANAGEMENT PRACTICES.— risk of introduction or establishment of retary and Administrator consider appro- Notwithstanding the expiration date for the aquatic nuisance species. priate. General Permit and to the extent to which (i) PUBLIC AVAILABILITY.—The Secretary (3) PUBLIC AVAILABILITY.—Upon receiving a they do not conflict with section ll04(b), shall make publicly available any deter- petition under paragraph (1), the Secretary the best management practices described by mination made under this section. shall make publicly available a copy of the the sections in Part 6 of the General Permit petition, including the information included applicable to the Great Lakes States that SEC. ll10. JUDICIAL REVIEW. under paragraph (2). are applicable to commercial vessels de- (a) IN GENERAL.—A person may file a peti- (4) TREATMENT OF MORE THAN ONE PETITION scribed in subsection (a) shall expire on the tion for review of a final rule or a final agen- AS A SINGLE PETITION.—The Secretary may date on which the best management prac- cy action issued under this title in the treat more than one petition submitted tices described in subsection (a) are imple- United States Court of Appeals for the Dis- under paragraph (1) as a single petition. mented under subsection (g)(1). trict of Columbia Circuit. (5) REVISION OF BEST MANAGEMENT PRAC- (d) OUTREACH.—The Secretary shall solicit (b) DEADLINE.— TICES.—If, after reviewing a petition sub- recommendations and information from the (1) IN GENERAL.—A petition shall be filed mitted by a Governor under paragraph (1), Great Lakes States, Indian Tribes, owners under this section not later than 120 days the Secretary, in concurrence with the Ad- and operators of vessels described in sub- after the date on which the final rule to be ministrator, determines that revising a best section (a), and other persons that the Sec- reviewed is published in the Federal Register management practice would mitigate the ad- retary considers appropriate in developing or the final agency action is issued, as the verse impacts on the marine environment best management practices under subsection case may be. from discharges incidental to the normal op- (a). (2) EXCEPTION.—Notwithstanding para- eration of a commercial vessel or from (e) REVIEW AND REVISION OF BEST PRAC- graph (1), a petition that is based solely on aquatic invasive species, the Secretary, in TICES.—Not less frequently than once every 5 grounds that arise after the deadline to file

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a petition under paragraph (1) has passed (2) a discharge into navigable waters of the (A) COASTAL ZONE.—The term ‘‘coastal may be filed not later than 120 days after the United States incidental to the normal oper- zone’’ has the meaning given the term in sec- date on which such grounds first arise. ation of a commercial vessel. tion 304 of the Coastal Zone Management Act (d) PRESERVATION OF AUTHORITY.—Nothing SEC. ll11. STATE ENFORCEMENT. of 1972 (16 U.S.C. 1453). in this title may be construed as affecting (B) ELIGIBLE ENTITY.—The term ‘‘eligible (a) STATE AUTHORITIES.— the authority of a State or political subdivi- entity’’ means a State government, local (1) IN GENERAL.—Not later than 60 days sion thereof to adopt or enforce any statute, government, Indian Tribe, nongovernmental after the date of the enactment of this Act, regulation, or other requirement with re- organization, or academic institution. the Secretary, in coordination with the Gov- spect to any water or other substance dis- (C) EXCLUSIVE ECONOMIC ZONE.—The term ernors of the States, shall develop and pub- charged or emitted from a vessel in prepara- ‘‘Exclusive Economic Zone’’ means the Ex- lish Federal and State inspection, data man- tion for transport of the vessel by land from agement, and enforcement procedures for the clusive Economic Zone of the United States, one body of water to another body of water. as established by Presidential Proclamation enforcement of standards and requirements SEC. ll12. EFFECT ON OTHER LAWS. under this title by States. 5030 of March 10, 1983 (16 U.S.C. 1453 note). (a) APPLICATION OF FEDERAL WATER POLLU- (2) PROCEDURES.—Procedures developed (D) FOUNDATION.—The term ‘‘Foundation’’ TION CONTROL ACT.— and published under paragraph (1)— means the National Fish and Wildlife Foun- (1) IN GENERAL.—Except as provided in sec- (A) may be periodically updated; dation established by section 2(a) of the Na- tions ll08(b) and ll09(c) of this title, or in (B) shall describe the conditions and proce- tional Fish and Wildlife Foundation Estab- section 159.309 of title 33, Code of Federal lishment Act (16 U.S.C. 3701(a)). dures under which the Secretary may sus- Regulations (or similar successor regula- (E) PROGRAM.—The term ‘‘Program’’ means pend the agreement described in paragraph tions), on and after the date of the enact- the Coastal Aquatic Invasive Species Mitiga- (3); and ment of this Act, section 402 of the Federal tion Grant Program established under para- (C) shall have a mechanism for the Sec- Water Pollution Control Act (33 U.S.C. 1342) graph (2). retary to provide to the Governor of a State, shall not apply to a discharge into navigable (2) ESTABLISHMENT.—The Secretary of if requested by the Governor, access to Auto- waters of the United States of ballast water Commerce and the Foundation shall estab- mated Identification System arrival data for from a commercial vessel or a discharge inci- inbound vessels to specific ports or places of dental to the normal operation of a commer- lish the Coastal Aquatic Invasive Species destination in the State. cial vessel. Mitigation Grant Program to award grants (3) STATE ENFORCEMENT.—The Secretary to eligible entities, as described in this sub- (2) OIL AND HAZARDOUS SUBSTANCE LIABIL- shall enter into an agreement with the Gov- ITY; MARINE SANITATION DEVICES.—Nothing in section. ernor of a State to authorize the State to in- this title may be construed as affecting the (3) PURPOSES.—The purposes of the Pro- spect vessels to enforce the provisions of this application to a commercial vessel of section gram are— title in accordance with the procedures de- 311 or 312 of the Federal Water Pollution (A) to improve the understanding, preven- veloped under paragraph (1). Control Act (33 U.S.C. 1321; 1322). tion, and mitigation of, and response to, (b) FEES.— (b) ESTABLISHED REGIMES.—Notwith- aquatic invasive species in the coastal zone (1) IN GENERAL.—Subject to paragraphs (2), standing any other provision of this title, and the Exclusive Economic Zone; (3), and (4), a State that assesses a permit nothing in this title may be construed as af- (B) to support the prevention and mitiga- fee, inspection fee, or other fee related to the fecting the authority of the Federal Govern- tion of impacts from aquatic invasive species regulation of ballast water or a discharge in- ment under— in the coastal zone of the United States; and cidental to the normal operation of a com- (1) the Act to Prevent Pollution from Ships (C) to support the restoration of marine, mercial vessel before the date of the enact- (33 U.S.C. 1901 et seq.) with respect to the estuarine, Pacific Island habitats, and the ment of this Act may assess a fee to cover regulation by the Federal Government of Great Lakes environments in the coastal the costs of program administration, inspec- any discharge or emission that, on or after zone and the Exclusive Economic Zone that tion, and enforcement activities by the the date of the enactment of this Act, is cov- are impacted by aquatic invasive species. State. ered under— (4) USE OF GRANTS.— (2) MAXIMUM FEE.—Except as provided in (A) the Protocol of 1978 Relating to the (A) IN GENERAL.—A grant awarded under paragraph (3), a State may assess a fee under International Convention for the Prevention the Program shall be used for an activity to this subsection of not more than $1,000 per of Pollution from Ships, 1973, with annexes carry out the purposes of the Program, in- qualifying voyage to the owner or operator and protocols, done at London February 17, cluding an activity— of a commercial vessel arriving at a port or 1978; or (i) to develop and implement procedures place of destination in the State. (B) title XIV of division B of the Consoli- and programs to prevent, control, mitigate, (3) COMMERCIAL VESSELS ENGAGED IN COAST- dated Appropriations Act, 2001 (33 U.S.C. 1901 or progressively eradicate aquatic invasive WISE TRADE.—A State may not assess more note); species in the coastal zone or the Exclusive than $5,000 in fees per vessel each year to the (2) title X of the Coast Guard Authoriza- Economic Zone, particularly in areas with owner or operator of a commercial vessel tion Act of 2010 (33 U.S.C. 3801 et seq.) with high numbers of established aquatic invasive registered under the laws of the United respect to the regulation by the Federal Gov- species; States and lawfully engaged in the coastwise ernment of any anti-fouling system that, on (ii) to restore habitat impacted by an trade. or after the date of the enactment of this aquatic invasive species; (4) ADJUSTMENT FOR INFLATION.—A State Act, is covered under the International Con- (iii) to develop new shipboard and land- may adjust a fee authorized by this sub- vention on the Control of Harmful Anti-foul- based ballast water treatment system tech- section every 5 years to reflect the percent- ing Systems on Ships, 2001, done at London nologies and performance standards to pre- age by which the Consumer Price Index for October 5, 2001; and vent the introduction of aquatic invasive all urban consumers published by the De- (3) section 312 of the Federal Water Pollu- species; partment of Labor for the month of October tion Control Act (33 U.S.C. 1322). (iv) to develop mitigation measures to pro- immediately preceding the date of adjust- (c) INTERNATIONAL LAW.—Any action taken ment exceeds the Consumer Price Index for under this title shall be taken in accordance tect natural and cultural living resources, all urban consumers published by the De- with international law. including shellfish, from the impacts of partment of Labor for the month of October (d) CONFORMING AMENDMENT.—Section 1205 aquatic invasive species; or that immediately precedes the date that is 5 of the Nonindigenous Aquatic Nuisance Pre- (v) to develop mitigation measures to pro- years before the date of adjustment. vention and Control Act of 1990 (16 U.S.C. tect infrastructure, such as hydroelectric in- (5) QUALIFYING VOYAGE.—In this sub- 4725) is amended by adding at the end the fol- frastructure, from aquatic invasive species. section, the term ‘‘qualifying voyage’’ means lowing: ‘‘Ballast water and discharges inci- (B) PROHIBITION ON FUNDING LITIGATION.—A a vessel arrival at a port or place of destina- dental to the normal operation of a commer- grant awarded under the Program may not tion in a State by a commercial vessel that cial vessel, as such terms are defined in the be used to fund litigation in any matter. has operated outside of that State and ex- Vessel Incidental Discharge Act, shall be (5) ADMINISTRATION.—Not later than 90 cludes movement entirely within a single regulated pursuant to such Act.’’. days after the date of enactment of this Act, port or place of destination. SEC. ll13. QUAGGA MUSSEL. the Foundation, in consultation with the (c) EFFECT ON STATE AUTHORITY.—Except The Secretary of the Interior shall pre- Secretary of Commerce, shall establish the as provided in subsection (a) and as nec- scribe by regulation that the quagga mussel following: essary to implement an agreement entered (Dreissena rostriformis bugensis) is a species (A) Application and review procedures for into under such subsection, no State or po- that is injurious under section 42 of title 18, awarding grants under the Program. litical subdivision thereof may adopt or en- United States Code. (B) Approval procedures for awarding force any statute, regulation, or other re- SEC. ll14. COASTAL AQUATIC INVASIVE SPE- grants under the Program. Such procedures quirement of the State or political subdivi- CIES MITIGATION GRANT PROGRAM shall require consultation with the Sec- sion with respect to— AND MITIGATION FUND. retary of the Interior and the Administrator. (1) a discharge into navigable waters of the (a) COASTAL AQUATIC INVASIVE SPECIES (C) Performance accountability and moni- United States from a commercial vessel of MITIGATION GRANT PROGRAM.— toring measures for activities funded by a ballast water; or (1) DEFINITIONS.—In this subsection: grant awarded under the Program.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 7, 2018 (D) Procedures and methods to ensure ac- DIVISION B—SUPPLEMENTAL APPROPRIA- able until expended, for oversight and audit curate accounting and appropriate adminis- TIONS, TAX RELIEF, AND MEDICAID of programs, grants, and activities funded by tration of grants awarded under the Pro- CHANGES RELATING TO CERTAIN DIS- this subdivision and administered by the De- gram, including standards of record keeping. ASTERS AND FURTHER EXTENSION OF partment of Agriculture: Provided, That such (6) MATCHING REQUIREMENT.—Each eligible CONTINUING APPROPRIATIONS amount is designated by the Congress as entity awarded a grant under the Program to Subdivision 1—Further Additional Supple- being for an emergency requirement pursu- carry out an activity shall provide matching mental Appropriations for Disaster Relief ant to section 251(b)(2)(A)(i) of the Balanced funds to carry out such activity, in cash or Requirements Act, 2018 Budget and Emergency Deficit Control Act through in-kind contributions from sources The following sums in this subdivision are of 1985. other than the Federal Government, in an appropriated, out of any money in the Treas- AGRICULTURAL RESEARCH SERVICE amount equal to 50 percent of the cost of ury not otherwise appropriated, for the fiscal BUILDINGS AND FACILITIES such activity. year ending September 30, 2018 and for other For an additional amount for ‘‘Buildings (7) FUNDING.—The Secretary of Commerce purposes, namely: and Facilities’’, $22,000,000, to remain avail- and the Foundation shall use the amounts TITLE I able until expended, for necessary expenses available in the Coastal Aquatic Invasive DEPARTMENT OF AGRICULTURE related to the consequences of Hurricanes Species Mitigation Fund established under AGRICULTURAL PROGRAMS Harvey, Irma, and Maria: Provided, That subsection (b), to award grants under the PROCESSING, RESEARCH AND MARKETING such amount is designated by the Congress Program. as being for an emergency requirement pur- OFFICE OF THE SECRETARY suant to section 251(b)(2)(A)(i) of the Bal- (b) COASTAL AQUATIC INVASIVE SPECIES For an additional amount for the ‘‘Office of anced Budget and Emergency Deficit Control MITIGATION FUND.— the Secretary’’, $2,360,000,000, which shall re- Act of 1985. (1) CREATION OF FUND.—There is established main available until December 31, 2019, for in the Treasury of the United States a trust necessary expenses related to crops, trees, FARM SERVICE AGENCY fund to be known as the ‘‘Coastal Aquatic bushes, and vine losses related to the con- EMERGENCY CONSERVATION PROGRAM Invasive Species Mitigation Fund’’ (referred sequences of Hurricanes Harvey, Irma, For an additional amount for the ‘‘Emer- to in this section as the ‘‘Fund’’), consisting Maria, and other hurricanes and wildfires oc- gency Conservation Program’’, for necessary of such amounts as may be appropriated or curring in calendar year 2017 under such expenses related to the consequences of Hur- credited to the Fund as provided in this sec- terms and conditions as determined by the ricanes Harvey, Irma, and Maria and of tion or section 9602 of the Internal Revenue Secretary: Provided, That the Secretary may wildfires occurring in calendar year 2017, and Code of 1986. provide assistance for such losses in the form other natural disasters, $400,000,000, to re- (2) TRANSFERS TO FUND.— of block grants to eligible states and terri- main available until expended: Provided, (A) APPROPRIATION.—There is authorized to tories: Provided further, That the total That such amount is designated by the Con- be appropriated from the Treasury to the amount of payments received under this gress as being for an emergency requirement Fund each fiscal year an amount equal to heading and applicable policies of crop insur- pursuant to section 251(b)(2)(A)(i) of the Bal- the penalties assessed under section ll03(b) ance under the Federal Crop Insurance Act (7 anced Budget and Emergency Deficit Control of this title in the prior fiscal year. U.S.C. 1501 et seq.) or the Noninsured Crop Act of 1985. Disaster Assistance Program (NAP) under (B) AUTHORIZATION OF FURTHER APPROPRIA- NATURAL RESOURCES CONSERVATION SERVICE TIONS.—There is authorized to be appro- section 196 of the Federal Agriculture Im- provement and Reform Act of 1996 (7 U.S.C. WATERSHED AND FLOOD PREVENTION priated to the Fund, in addition to the OPERATIONS amounts transferred to the Fund under para- 7333) shall not exceed 85 percent of the loss For an additional amount for ‘‘Watershed graph (1), $5,000,000 for each fiscal year. as determined by the Secretary: Provided fur- and Flood Prevention Operations’’, for nec- (3) EXPENDITURES FROM FUND.—Amounts in ther, That the total amount of payments re- essary expenses for the Emergency Water- the Fund shall be available without further ceived under this heading for producers who shed Protection Program related to the con- appropriation to the Secretary of Commerce did not obtain a policy or plan of insurance sequences of Hurricanes Harvey, Irma, and and the National Fish and Wildlife Founda- for an insurable commodity for the 2017 crop Maria and of wildfires occurring in calendar tion established by section 2(a) of the Na- year, or 2018 crop year as applicable, under year 2017, and other natural disasters, tional Fish and Wildlife Foundation Estab- the Federal Crop Insurance Act (7 U.S.C. 1501 $541,000,000, to remain available until ex- lishment Act to award grants under the et seq.) for the crop incurring the losses or did not file the required paperwork and pay pended: Provided, That such amount is des- Coastal Aquatic Invasive Species Mitigation ignated by the Congress as being for an Grant Program established under subsection the service fee by the applicable State filing deadline for a noninsurable commodity for emergency requirement pursuant to section (a)(2). the 2017 crop year, or 2018 crop year as appli- 251(b)(2)(A)(i) of the Balanced Budget and SEC. ll15. RULES OF CONSTRUCTION. cable, under NAP for the crop incurring the Emergency Deficit Control Act of 1985. losses shall not exceed 65 percent of the loss RURAL DEVELOPMENT PROGRAMS (a) INTERNATIONAL STANDARDS.—Nothing in as determined by the Secretary: Provided fur- RURAL HOUSING SERVICE this title may be construed to impose any ther, That producers receiving payments RURAL HOUSING INSURANCE FUND PROGRAM design, equipment, or operation standard on under this heading, as determined by the ACCOUNT a commercial vessel not documented under Secretary, shall be required to purchase crop the laws of the United States and engaged in insurance where crop insurance is available For an additional amount for ‘‘Rural Hous- innocent passage unless the standard imple- for the next two available crop years, and ing Insurance Fund Program Account’’, ments a generally accepted international producers receiving payments under this $18,672,000, to remain available until Sep- tember 30, 2019, for the cost of direct loans, rule, as determined by the Secretary. heading shall be required to purchase cov- erage under NAP where crop insurance is not including the cost of modifying loans as de- (b) OTHER AUTHORITIES.—Nothing in this available in the next two available crop fined in section 502 of the Congressional title may construed as affecting the author- years, as determined by the Secretary: Pro- Budget Act of 1974, for the rehabilitation of ity of the Secretary of Commerce or the Sec- vided further, That, not later than 90 days section 515 rental housing (42 U.S.C. 1485) in retary of the Interior to administer lands or after the end of fiscal year 2018, the Sec- areas impacted by Hurricanes Harvey, Irma, waters under the administrative control of retary shall submit a report to the Congress and Maria where owners were not required to the Secretary of Commerce or the Secretary specifying the type, amount, and method of carry national flood insurance: Provided, That such amount is designated by the Con- of the Interior. such assistance by state and territory and the status of the amounts obligated and gress as being for an emergency requirement plans for further expenditure and include im- pursuant to section 251(b)(2)(A)(i) of the Bal- SA 1930. Mr. MCCONNELL proposed provements that can be made to Federal anced Budget and Emergency Deficit Control Act of 1985. an amendment to the bill H.R. 1892, to Crop Insurance policies, either administra- RURAL UTILITIES SERVICE amend title 4, United States Code, to tively or legislatively, to increase participa- tion, particularly among underserved pro- RURAL WATER AND WASTE DISPOSAL PROGRAM provide for the flying of the flag at ducers, in higher levels of coverage in future ACCOUNT half-staff in the event of the death of a years for crops qualifying for assistance For an additional amount for the ‘‘Rural first responder in the line of duty, as under this heading: Provided further, That Water and Waste Disposal Program Ac- follows: such amount is designated by the Congress count’’, $165,475,000, to remain available until as being for an emergency requirement pur- expended, for grants to repair drinking water In lieu of the matter proposed to be in- suant to section 251(b)(2)(A)(i) of the Bal- systems and sewer and solid waste disposal serted insert the following: anced Budget and Emergency Deficit Control systems impacted by Hurricanes Harvey, Act of 1985. Irma, and Maria: Provided, That not to ex- SECTION 1. SHORT TITLE. OFFICE OF INSPECTOR GENERAL ceed $2,000,000 of the amount appropriated (a) SHORT TITLE.—This Act may be cited as For an additional amount for ‘‘Office of In- under this heading shall be for technical as- the ‘‘Bipartisan Budget Act of 2018’’. spector General’’, $2,500,000, to remain avail- sistance grants for rural water and waste

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S725 systems pursuant to section 306(a)(22) of the 251(b)(2)(A)(i) of the Balanced Budget and priated, up to 2 percent of funds may be Consolidated Farm and Rural Development Emergency Deficit Control Act of 1985. transferred to the ‘‘Salaries and Expenses’’ Act: Provided further, That such amount is GENERAL PROVISION—THIS TITLE account for administration and oversight ac- designated by the Congress as being for an tivities: Provided further, That within the SEC. 20101. (a) Section 1501(b) of the Agri- emergency requirement pursuant to section cultural Act of 2014 (7 U.S.C. 9081(b)) is amount appropriated, $1,000,000 shall be 251(b)(2)(A)(i) of the Balanced Budget and amended— transferred to the ‘‘Office of Inspector Gen- eral’’ account for carrying out investigations Emergency Deficit Control Act of 1985. (1) in paragraph (1), in the matter before and audits related to the funding provided DOMESTIC FOOD PROGRAMS subparagraph (A), by inserting ‘‘sold live- under this heading. FOOD AND NUTRITION SERVICE stock for a reduced sale price, or both’’ after NATIONAL OCEANIC AND ATMOSPHERIC SPECIAL SUPPLEMENTAL NUTRITION PROGRAM ‘‘normal mortality,’’; ADMINISTRATION FOR WOMEN, INFANTS, AND CHILDREN (WIC) (2) in paragraph (2), by striking ‘‘applicable OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for the ‘‘Special livestock on the day before the date of death Supplemental Nutrition Program for of the livestock, as determined by the Sec- For an additional amount for ‘‘Operations, Women, Infants, and Children’’, $14,000,000, retary.’’ and inserting the following: Research, and Facilities’’ for necessary ex- to remain available until September 30, 2019, ‘‘affected livestock, as determined by the penses related to the consequences of Hurri- canes Harvey, Irma, and Maria, $120,904,000, for infrastructure grants to the Common- Secretary, on, as applicable— to remain available until September 30, 2019, wealth of Puerto Rico and the U.S. Virgin Is- ‘‘(A) the day before the date of death of the as follows: lands to assist in the repair and restoration livestock; or (1) $12,904,000 for repair and replacement of of buildings, equipment, technology, and ‘‘(B) the day before the date of the event observing assets, Federal real property, and other infrastructure damaged as a con- that caused the harm to the livestock that equipment; sequence of Hurricanes Irma and Maria: Pro- resulted in a reduced sale price.’’; and (2) $18,000,000 for marine debris assessment vided, That such amount is designated by the (3) by adding at the end the following new and removal; Congress as being for an emergency require- paragraph: (3) $40,000,000 for mapping, charting, and ment pursuant to section 251(b)(2)(A)(i) of ‘‘(4) A payment made under paragraph (1) geodesy services; and the Balanced Budget and Emergency Deficit to an eligible producer on a farm that sold (4) $50,000,000 to improve weather fore- Control Act of 1985. livestock for a reduced sale price shall— ‘‘(A) be made if the sale occurs within a casting, hurricane intensity forecasting and COMMODITY ASSISTANCE PROGRAM reasonable period following the event, as de- flood forecasting and mitigation capabilities, For an additional amount for ‘‘Commodity termined by the Secretary; and including data assimilation from ocean ob- Assistance Program’’ for the emergency food ‘‘(B) be reduced by the amount that the serving platforms and satellites: assistance program as authorized by section producer received for the sale.’’. Provided, That the amount provided under 27(a) of the Food and Nutrition Act of 2008 (7 (b) Section 1501(d)(1) of the Agricultural this heading is designated by the Congress as U.S.C. 2036(a)) and section 204(a)(1) of the Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by being for an emergency requirement pursu- Emergency Food Assistance Act of 1983 (7 striking ‘‘not more than $20,000,000 of’’. ant to section 251(b)(2)(A)(i) of the Balanced U.S.C. 7508(a)(1)), $24,000,000, to remain avail- (c) Section 1501(e)(4)(C) of the Agricultural Budget and Emergency Deficit Control Act able until September 30, 2019, for necessary Act of 2014 (7 U.S.C. 9081(e)(4)(C)) is amended of 1985: Provided further, That the National expenses of those jurisdictions that received by striking ‘‘500 acres’’ and inserting ‘‘1,000 Oceanic and Atmospheric Administration a major disaster or emergency declaration acres’’. shall submit a spending plan to the Commit- pursuant to section 401 or 501, respectively, (d) Section 1501 of the Agricultural Act of tees on Appropriations of the House of Rep- of the Robert T. Stafford Disaster Relief and 2014 (7 U.S.C. 9081) is amended— resentatives and the Senate within 45 days Emergency Assistance Act (42 U.S.C. 5170, (1) in subsection (e)(4)— after the date of enactment of this subdivi- 5191) related to the consequences of Hurri- (A) by striking subparagraph (B); and sion. canes Harvey, Irma, and Maria or due to (B) by redesignating subparagraph (C), as PROCUREMENT, ACQUISITION AND CONSTRUCTION wildfires in 2017: Provided, That notwith- amended by subsection (c), as subparagraph For an additional amount for ‘‘Procure- standing any other provisions of the Emer- (B); and ment, Acquisition and Construction’’ for gency Food Assistance Act of 1983, the Sec- (2) in subsection (f)(2), by striking ‘‘sub- necessary expenses related to the con- retary of Agriculture may provide resources section (e)’’ and inserting ‘‘subsections (b) sequences of Hurricanes Harvey, Irma, and to Puerto Rico, the Virgin Islands of the and (e)’’. Maria, $79,232,000, to remain available until United States, and affected States, as deter- (e) Section 1501 of the Agricultural Act of September 30, 2020, as follows: mined by the Secretary, to assist affected 2014 (7 U.S.C. 9081), as amended by this sec- (1) $29,232,000 for repair and replacement of families and individuals without regard to tion, shall apply with respect to losses de- Federal real property and observing assets; sections 204 and 214 of such Act (7 U.S.C. 7508, scribed in such section 1501 incurred on or and 7515) by allocating additional foods and funds after January 1, 2017. (2) $50,000,000 for improvements to oper- for administrative expenses from resources (f) The amounts provided by subsections ational and research weather supercom- specifically appropriated, transferred, or re- (a) through (e) for fiscal year 2018 are des- puting infrastructure and for improvement programmed: Provided further, That such ignated by the Congress as being for an of satellite ground services used in hurricane amount is designated by the Congress as emergency requirement pursuant to section intensity and track prediction: being for an emergency requirement pursu- 251(b)(2)(A)(i) of the Balanced Budget and Provided, That the amount provided under ant to section 251(b)(2)(A)(i) of the Balanced Emergency Deficit Control Act of 1985. this heading is designated by the Congress as Budget and Emergency Deficit Control Act TITLE II being for an emergency requirement pursu- of 1985. DEPARTMENT OF COMMERCE ant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act RELATED AGENCIES AND FOOD AND ECONOMIC DEVELOPMENT ADMINISTRATION DRUG ADMINISTRATION of 1985: Provided further, That the National ECONOMIC DEVELOPMENT ASSISTANCE Oceanic and Atmospheric Administration DEPARTMENT OF HEALTH AND HUMAN PROGRAMS shall submit a spending plan to the Commit- SERVICES (INCLUDING TRANSFERS OF FUNDS) tees on Appropriations of the House of Rep- FOOD AND DRUG ADMINISTRATION Pursuant to section 703 of the Public resentatives and the Senate within 45 days BUILDINGS AND FACILITIES Works and Economic Development Act (42 after the date of enactment of this subdivi- (INCLUDING TRANSFER OF FUNDS) U.S.C. 3233), for an additional amount for sion. For an additional amount for ‘‘Buildings ‘‘Economic Development Assistance Pro- FISHERIES DISASTER ASSISTANCE and Facilities’’, $7,600,000, to remain avail- grams’’ for necessary expenses related to For an additional amount for ‘‘Fisheries able until expended, for necessary expenses flood mitigation, disaster relief, long-term Disaster Assistance’’ for necessary expenses related to the consequences of Hurricanes recovery, and restoration of infrastructure associated with the mitigation of fishery dis- Harvey, Irma, and Maria: Provided, That in areas that received a major disaster des- asters, $200,000,000, to remain available until such amount may be transferred to ‘‘Depart- ignation as a result of Hurricanes Harvey, expended: Provided, That funds shall be used ment of Health and Human Services—Food Irma, and Maria, and of wildfires and other for mitigating the effects of commercial fish- and Drug Administration—Salaries and Ex- natural disasters occurring in calendar year ery failures and fishery resource disasters penses’’ for costs related to repair of facili- 2017 under the Robert T. Stafford Disaster declared by the Secretary of Commerce in ties, for replacement of equipment, and for Relief and Emergency Assistance Act (42 calendar year 2017, as well those declared by other increases in facility-related costs: Pro- U.S.C. 5121 et seq.), $600,000,000, to remain the Secretary to be a direct result of Hurri- vided further, That obligations incurred for available until expended: Provided, That the canes Harvey, Irma, or Maria: Provided fur- the purposes provided herein prior to the amount provided under this heading is des- ther, That the amount provided under this date of enactment of this subdivision may be ignated by the Congress as being for an heading is designated by the Congress as charged to funds appropriated by this para- emergency requirement pursuant to section being for an emergency requirement pursu- graph: Provided further, That such amount is 251(b)(2)(A)(i) of the Balanced Budget and ant to section 251(b)(2)(A)(i) of the Balanced designated by the Congress as being for an Emergency Deficit Control Act of 1985: Pro- Budget and Emergency Deficit Control Act emergency requirement pursuant to section vided further, That within the amount appro- of 1985.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 7, 2018 DEPARTMENT OF JUSTICE under this heading is designated by the Con- TITLE III UNITED STATES MARSHALS SERVICE gress as being for an emergency requirement DEPARTMENT OF DEFENSE pursuant to section 251(b)(2)(A)(i) of the Bal- DEPARTMENT OF DEFENSE—MILITARY SALARIES AND EXPENSES anced Budget and Emergency Deficit Control For an additional amount for ‘‘Salaries Act of 1985: Provided further, That the Na- OPERATION AND MAINTENANCE and Expenses’’ for necessary expenses related tional Science Foundation shall submit a OPERATION AND MAINTENANCE, ARMY to the consequences of Hurricanes Harvey, spending plan to the Committees on Appro- For an additional amount for ‘‘Operation Irma, and Maria, $2,500,000: Provided, That priations of the House of Representatives and Maintenance, Army’’, $20,110,000, for nec- the amount provided under this heading is and the Senate within 45 days after the date essary expenses related to the consequences designated by the Congress as being for an of enactment of this subdivision. of Hurricanes Harvey, Irma, and Maria: Pro- emergency requirement pursuant to section RELATED AGENCIES vided, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and LEGAL SERVICES CORPORATION Congress as being for an emergency require- Emergency Deficit Control Act of 1985. PAYMENT TO THE LEGAL SERVICES ment pursuant to section 251(b)(2)(A)(i) of FEDERAL BUREAU OF INVESTIGATION CORPORATION the Balanced Budget and Emergency Deficit SALARIES AND EXPENSES For an additional amount for ‘‘Payment to Control Act of 1985. For an additional amount for ‘‘Salaries the Legal Services Corporation’’ to carry out OPERATION AND MAINTENANCE, NAVY and Expenses’’ for necessary expenses related the purposes of the Legal Services Corpora- For an additional amount for ‘‘Operation to the consequences of Hurricanes Harvey, tion Act by providing for necessary expenses and Maintenance, Navy’’, $267,796,000, for Irma, and Maria, $21,200,000: Provided, That related to the consequences of Hurricanes necessary expenses related to the con- the amount provided under this heading is Harvey, Irma, and Maria and of the calendar sequences of Hurricanes Harvey, Irma, and designated by the Congress as being for an year 2017 wildfires, $15,000,000: Provided, That Maria: Provided, That such amount is des- emergency requirement pursuant to section the amount made available under this head- ignated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and ing shall be used only to provide the mobile emergency requirement pursuant to section Emergency Deficit Control Act of 1985. resources, technology, and disaster coordina- 251(b)(2)(A)(i) of the Balanced Budget and tors necessary to provide storm-related serv- Emergency Deficit Control Act of 1985. DRUG ENFORCEMENT ADMINISTRATION ices to the Legal Services Corporation client SALARIES AND EXPENSES population and only in the areas signifi- OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Salaries cantly affected by Hurricanes Harvey, Irma, For an additional amount for ‘‘Operation and Expenses’’ for necessary expenses related and Maria and by the calendar year 2017 and Maintenance, Marine Corps’’, $17,920,000, to the consequences of Hurricanes Harvey, wildfires: Provided further, That such amount for necessary expenses related to the con- Irma, and Maria, $11,500,000: Provided, That is designated by the Congress as being for an sequences of Hurricanes Harvey, Irma, and the amount provided under this heading is emergency requirement pursuant to section Maria: Provided, That such amount is des- designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an emergency requirement pursuant to section Emergency Deficit Control Act of 1985: Pro- emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and vided further, That none of the funds appro- 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. priated in this subdivision to the Legal Serv- Emergency Deficit Control Act of 1985. ices Corporation shall be expended for any OPERATION AND MAINTENANCE, AIR FORCE FEDERAL PRISON SYSTEM purpose prohibited or limited by, or contrary SALARIES AND EXPENSES to any of the provisions of, sections 501, 502, For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $20,916,000, for For an additional amount for ‘‘Salaries 503, 504, 505, and 506 of Public Law 105–119, necessary expenses related to the con- and Expenses’’ for necessary expenses related and all funds appropriated in this subdivision sequences of Hurricanes Harvey, Irma, and to the consequences of Hurricanes Harvey, to the Legal Services Corporation shall be Maria: Provided, That such amount is des- Irma, and Maria, $16,000,000: Provided, That subject to the same terms and conditions set ignated by the Congress as being for an the amount provided under this heading is forth in such sections, except that all ref- emergency requirement pursuant to section designated by the Congress as being for an erences in sections 502 and 503 to 1997 and 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section 1998 shall be deemed to refer instead to 2017 Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and and 2018, respectively, and except that sec- tions 501 and 503 of Public Law 104–134 (ref- Emergency Deficit Control Act of 1985. OPERATION AND MAINTENANCE, DEFENSE-WIDE erenced by Public Law 105–119) shall not BUILDINGS AND FACILITIES For an additional amount for ‘‘Operation apply to the amount made available under and Maintenance, Defense-Wide’’, $2,650,000, For an additional amount for ‘‘Buildings this heading: Provided further, That, for the for necessary expenses related to the con- purposes of this subdivision, the Legal Serv- and Facilities’’ for necessary expenses re- sequences of Hurricanes Harvey, Irma, and ices Corporation shall be considered an agen- lated to the consequences of Hurricanes Har- Maria: Provided, That such amount is des- cy of the United States Government. vey, Irma, and Maria, $34,000,000, to remain ignated by the Congress as being for an available until expended: Provided, That the GENERAL PROVISION—THIS TITLE emergency requirement pursuant to section amount provided under this heading is des- SEC. 20201. (a) In recognition of the consist- 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an ency of the Mid-Barataria Sediment Diver- Emergency Deficit Control Act of 1985. emergency requirement pursuant to section sion, Mid-Breton Sound Sediment Diversion, OPERATION AND MAINTENANCE, ARMY 251(b)(2)(A)(i) of the Balanced Budget and and Calcasieu Ship Channel Salinity Control RESERVE Emergency Deficit Control Act of 1985. Measures projects, as selected by the 2017 SCIENCE Louisiana Comprehensive Master Plan for a For an additional amount for ‘‘Operation Sustainable Coast, with the findings and pol- and Maintenance, Army Reserve’’, NATIONAL AERONAUTICS AND SPACE icy declarations in section 2(6) of the Marine $12,500,000, for necessary expenses related to ADMINISTRATION Mammal Protection Act (16 U.S.C. 1361 et the consequences of Hurricanes Harvey, CONSTRUCTION AND ENVIRONMENTAL seq., as amended) regarding maintaining the Irma, and Maria: Provided, That such amount COMPLIANCE AND RESTORATION health and stability of the marine eco- is designated by the Congress as being for an For an additional amount for ‘‘Construc- system, within 120 days of the enactment of emergency requirement pursuant to section tion and Environmental Compliance and this section, the Secretary of Commerce 251(b)(2)(A)(i) of the Balanced Budget and Restoration’’ for repairs at National Aero- shall issue a waiver pursuant to section Emergency Deficit Control Act of 1985. nautics and Space Administration facilities 101(a)(3)(A) and this section to section 101(a) OPERATION AND MAINTENANCE, NAVY RESERVE damaged by hurricanes during 2017, and section 102(a) of the Act, for such For an additional amount for ‘‘Operation $81,300,000, to remain available until ex- projects that will remain in effect for the du- and Maintenance, Navy Reserve’’, $2,922,000, pended: Provided, That the amount provided ration of the construction, operations and for necessary expenses related to the con- under this heading is designated by the Con- maintenance of the projects. No rulemaking, sequences of Hurricanes Harvey, Irma, and gress as being for an emergency requirement permit, determination, or other condition or Maria: Provided, That such amount is des- pursuant to section 251(b)(2)(A)(i) of the Bal- limitation shall be required when issuing a ignated by the Congress as being for an anced Budget and Emergency Deficit Control waiver pursuant to this section. emergency requirement pursuant to section (b) Upon issuance of a waiver pursuant to Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and this section, the State of Louisiana shall, in NATIONAL SCIENCE FOUNDATION Emergency Deficit Control Act of 1985. consultation with the Secretary of Com- RESEARCH AND RELATED ACTIVITIES merce: OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Research (1) To the extent practicable and con- RESERVE and Related Activities’’ for necessary ex- sistent with the purposes of the projects, For an additional amount for ‘‘Operation penses to repair National Science Founda- minimize impacts on marine mammal spe- and Maintenance, Air Force Reserve’’, tion radio observatory facilities damaged by cies and population stocks; and $5,770,000, for necessary expenses related to hurricanes that occurred during 2017, (2) Monitor and evaluate the impacts of the the consequences of Hurricanes Harvey, $16,300,000, to remain available until ex- projects on such species and population Irma, and Maria: Provided, That such amount pended: Provided, That the amount provided stocks. is designated by the Congress as being for an

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S727 emergency requirement pursuant to section monthly report to the Committees on Appro- mittees on Appropriations of the House of 251(b)(2)(A)(i) of the Balanced Budget and priations of the House of Representatives Representatives and the Senate detailing the Emergency Deficit Control Act of 1985. and the Senate detailing the allocation and allocation and obligation of these funds, be- OPERATION AND MAINTENANCE, ARMY obligation of these funds, including new ginning not later than 60 days after the en- NATIONAL GUARD studies selected to be initiated using funds actment of this subdivision. provided under this heading, beginning not For an additional amount for ‘‘Operation MISSISSIPPI RIVER AND TRIBUTARIES later than 60 days after the enactment of and Maintenance, Army National Guard’’, For an additional amount for ‘‘Mississippi this subdivision. $55,471,000, for necessary expenses related to River and Tributaries’’ for necessary ex- the consequences of Hurricanes Harvey, CONSTRUCTION penses to address emergency situations at Irma, and Maria: Provided, That such amount For an additional amount for ‘‘Construc- Corps of Engineers projects, and to con- is designated by the Congress as being for an tion’’ for necessary expenses to address struct, and rehabilitate and repair damages emergency requirement pursuant to section emergency situations at Corps of Engineers to Corps of Engineers projects, caused by 251(b)(2)(A)(i) of the Balanced Budget and projects, and to construct, and rehabilitate natural disasters, $770,000,000, to remain Emergency Deficit Control Act of 1985. and repair damages caused by natural disas- available until expended: Provided, That of PROCUREMENT ters, to Corps of Engineers projects, such amount, $400,000,000 is available to con- $15,055,000,000, to remain available until ex- struct flood and storm damage reduction OTHER PROCUREMENT, NAVY pended: Provided, That of such amount, projects which are currently authorized or For an additional amount for ‘‘Other Pro- $15,000,000,000 is available to construct flood which are authorized after the date of enact- curement, Navy’’ $18,000,000, to remain avail- and storm damage reduction, including shore ment of this subdivision: Provided further, able until September 30, 2020, for necessary protection, projects which are currently au- That such amount is designated by the Con- expenses related to the consequences of Hur- thorized or which are authorized after the gress as being for an emergency requirement ricanes Harvey, Irma, and Maria: Provided, date of enactment of this subdivision, and pursuant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con- flood and storm damage reduction, including anced Budget and Emergency Deficit Control gress as being for an emergency requirement shore protection, projects which have signed Act of 1985: Provided further, That the Assist- pursuant to section 251(b)(2)(A)(i) of the Bal- Chief’s Reports as of the date of enactment ant Secretary of the Army for Civil Works anced Budget and Emergency Deficit Control of this subdivision or which are studied using shall provide a monthly report to the Com- Act of 1985. funds provided under the heading ‘‘Investiga- mittees on Appropriations of the House of REVOLVING AND MANAGEMENT FUNDS tions’’ if the Secretary determines such Representatives and the Senate detailing the DEFENSE WORKING CAPITAL FUNDS projects to be technically feasible, economi- allocation and obligation of these funds, be- For an additional amount for ‘‘Defense cally justified, and environmentally accept- ginning not later than 60 days after the en- Working Capital Funds’’ for the Navy Work- able, in States and insular areas with more actment of this subdivision. ing Capital Fund, $9,486,000, for necessary ex- than one flood-related major disaster de- OPERATION AND MAINTENANCE penses related to the consequences of Hurri- clared pursuant to the Robert T. Stafford For an additional amount for ‘‘Operation canes Harvey, Irma, and Maria: Provided, Disaster Relief and Emergency Assistance and Maintenance’’ for necessary expenses to That such amount is designated by the Con- Act (42 U.S.C. 5121 et seq.) in calendar years dredge Federal navigation projects in re- gress as being for an emergency requirement 2014, 2015, 2016, or 2017: Provided further, That sponse to, and repair damages to Corps of pursuant to section 251(b)(2)(A)(i) of the Bal- of the amounts in the preceding proviso, not Engineers Federal projects caused by, nat- anced Budget and Emergency Deficit Control less than $10,425,000,000 shall be available for ural disasters, $608,000,000, to remain avail- Act of 1985. such projects within States and insular areas able until expended, of which such sums as that were impacted by Hurricanes Harvey, OTHER DEPARTMENT OF DEFENSE are necessary to cover the Federal share of Irma, and Maria: Provided further, That all PROGRAMS eligible operation and maintenance costs for repair, rehabilitation, study, design, and coastal harbors and channels, and for inland DEFENSE HEALTH PROGRAM construction of Corps of Engineers projects harbors shall be derived from the Harbor For an additional amount for operation in Puerto Rico and the United States Virgin Maintenance Trust Fund: Provided, That and maintenance for ‘‘Defense Health Pro- Islands, using funds provided under this such amount is designated by the Congress gram’’, $704,000, for necessary expenses re- heading, shall be conducted at full Federal as being for an emergency requirement pur- lated to the consequences of Hurricanes Har- expense: Provided further, That for projects suant to section 251(b)(2)(A)(i) of the Bal- vey, Irma, and Maria: Provided, That such receiving funding under this heading, the anced Budget and Emergency Deficit Control amount is designated by the Congress as provisions of section 902 of the Water Re- Act of 1985: Provided further, That the Assist- being for an emergency requirement pursu- sources Development Act of 1986 shall not ant Secretary of the Army for Civil Works ant to section 251(b)(2)(A)(i) of the Balanced apply to these funds: Provided further, That shall provide a monthly report to the Com- Budget and Emergency Deficit Control Act the completion of ongoing construction mittees on Appropriations of the House of of 1985. projects receiving funds provided under this Representatives and the Senate detailing the TITLE IV heading shall be at full Federal expense with allocation and obligation of these funds, be- CORPS OF ENGINEERS—CIVIL respect to such funds: Provided further, That ginning not later than 60 days after the en- using funds provided under this heading, the actment of this subdivision. DEPARTMENT OF THE ARMY non-Federal cash contribution for projects FLOOD CONTROL AND COASTAL EMERGENCIES INVESTIGATIONS eligible for funding pursuant to the first pro- For an additional amount for ‘‘Investiga- viso shall be financed in accordance with the For an additional amount for ‘‘Flood Con- tions’’ for necessary expenses related to the provisions of section 103(k) of Public Law 99– trol and Coastal Emergencies’’, as authorized completion, or initiation and completion, of 662 over a period of 30 years from the date of by section 5 of the Act of August 18, 1941 (33 flood and storm damage reduction, including completion of the project or separable ele- U.S.C. 701n), for necessary expenses to pre- shore protection, studies which are currently ment: Provided further, That up to $50,000,000 pare for flood, hurricane and other natural authorized or which are authorized after the of the funds made available under this head- disasters and support emergency operations, date of enactment of this subdivision, to re- ing shall be used for continuing authorities repairs, and other activities in response to duce risk from future floods and hurricanes, projects to reduce the risk of flooding and such disasters, as authorized by law, at full Federal expense, $135,000,000, to re- storm damage: Provided further, That any $810,000,000, to remain available until ex- main available until expended: Provided, projects using funds appropriated under this pended: Provided, That funding utilized for That of such amount, not less than heading shall be initiated only after non- authorized shore protection projects shall re- $75,000,000 is available for such studies in Federal interests have entered into binding store such projects to the full project profile States and insular areas that were impacted agreements with the Secretary requiring, at full Federal expense: Provided further, by Hurricanes Harvey, Irma, and Maria: Pro- where applicable, the non-Federal interests That such amount is designated by the Con- vided further, That funds made available to pay 100 percent of the operation, mainte- gress as being for an emergency requirement under this heading shall be for high-priority nance, repair, replacement, and rehabilita- pursuant to section 251(b)(2)(A)(i) of the Bal- studies of projects in States and insular tion costs of the project and to hold and save anced Budget and Emergency Deficit Control areas with more than one flood-related the United States free from damages due to Act of 1985: Provided further, That the Assist- major disaster declared pursuant to the Rob- the construction or operation and mainte- ant Secretary of the Army for Civil Works ert T. Stafford Disaster Relief and Emer- nance of the project, except for damages due shall provide a monthly report to the Com- gency Assistance Act (42 U.S.C. 5121 et seq.) to the fault or negligence of the United mittees on Appropriations of the House of in calendar years 2014, 2015, 2016, or 2017: Pro- States or its contractors: Provided further, Representatives and the Senate detailing the vided further, That such amount is des- That such amount is designated by the Con- allocation and obligation of these funds, be- ignated by the Congress as being for an gress as being for an emergency requirement ginning not later than 60 days after the en- emergency requirement pursuant to section pursuant to section 251(b)(2)(A)(i) of the Bal- actment of this subdivision. 251(b)(2)(A)(i) of the Balanced Budget and anced Budget and Emergency Deficit Control EXPENSES Emergency Deficit Control Act of 1985: Pro- Act of 1985: Provided further, That the Assist- For an additional amount for ‘‘Expenses’’ vided further, That the Assistant Secretary of ant Secretary of the Army for Civil Works for necessary expenses to administer and the Army for Civil Works shall provide a shall provide a monthly report to the Com- oversee the obligation and expenditure of

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S728 CONGRESSIONAL RECORD — SENATE February 7, 2018 amounts provided in this title for the Corps monthly report to the Committees on Appro- SECURITY, ENFORCEMENT, AND of Engineers, $20,000,000, to remain available priations of the House of Representatives INVESTIGATIONS until expended: Provided, That such amount and the Senate detailing the allocation and U.S. CUSTOMS AND BORDER PROTECTION is designated by the Congress as being for an obligation of these funds, beginning not later OPERATIONS AND SUPPORT emergency requirement pursuant to section than 60 days after the enactment of this sub- 251(b)(2)(A)(i) of the Balanced Budget and division. For an additional amount for ‘‘Operations and Support’’ for necessary expenses related Emergency Deficit Control Act of 1985: Pro- TITLE V vided further, That the Assistant Secretary of to the consequences of Hurricanes Harvey, the Army for Civil Works shall provide a INDEPENDENT AGENCIES Irma, and Maria, $104,494,000, to remain available until September 30, 2019: Provided, monthly report to the Committees on Appro- GENERAL SERVICES ADMINISTRATION priations of the House of Representatives That such amount is designated by the Con- and the Senate detailing the allocation and REAL PROPERTY ACTIVITIES gress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- obligation of these funds, beginning not later FEDERAL BUILDINGS FUND than 60 days after enactment of this subdivi- anced Budget and Emergency Deficit Control For an additional amount to be deposited sion. Act of 1985: Provided further, That not more in the ‘‘Federal Buildings Fund’’, $126,951,000, than $39,400,000 may be used to carry out DEPARTMENT OF ENERGY to remain available until expended, for nec- U.S. Customs and Border Protection activi- ENERGY PROGRAMS essary expenses related to the consequences ties in fiscal year 2018 in Puerto Rico and the ELECTRICITY DELIVERY AND ENERGY of Hurricanes Harvey, Maria, and Irma for United States Virgin Islands, in addition to RELIABILITY repair and alteration of buildings under the any other amounts available for such pur- For an additional amount for ‘‘Electricity custody and control of the Administrator of poses. Delivery and Energy Reliability’’, $13,000,000, General Services, and real property manage- PROCUREMENT, CONSTRUCTION, AND to remain available until expended, for nec- ment and related activities not otherwise IMPROVEMENTS provided for: Provided, That funds may be essary expenses related to the consequences For an additional amount for ‘‘Procure- used to reimburse the ‘‘Federal Buildings of Hurricanes Harvey, Irma, and Maria, in- ment, Construction, and Improvements’’ for Fund’’ for obligations incurred for this pur- cluding technical assistance related to elec- necessary expenses related to the con- pose prior to enactment of this subdivision: tric grids: Provided, That such amount is des- sequences of Hurricanes Harvey, Irma, and Provided further, That not more than ignated by the Congress as being for an Maria, including for the reconstruction of fa- $15,000,000 shall be available for tenant im- emergency requirement pursuant to section cilities affected, $45,000,000, to remain avail- provements in damaged U.S. courthouses: 251(b)(2)(A)(i) of the Balanced Budget and able until September 30, 2022: Provided, That Provided further, That such amount is des- Emergency Deficit Control Act of 1985. such amount is designated by the Congress ignated by the Congress as being for an STRATEGIC PETROLEUM RESERVE as being for an emergency requirement pur- emergency requirement pursuant to section For an additional amount for ‘‘Strategic suant to section 251(b)(2)(A)(i) of the Bal- 251(b)(2)(A)(i) of the Balanced Budget and Petroleum Reserve’’, $8,716,000, to remain anced Budget and Emergency Deficit Control Emergency Deficit Control Act of 1985. available until expended, for necessary ex- Act of 1985: Provided further, That funds are penses related to damages caused by Hurri- SMALL BUSINESS ADMINISTRATION provided to carry out U.S. Customs and Bor- canes Harvey, Irma, and Maria: Provided, OFFICE OF INSPECTOR GENERAL der Protection activities in Puerto Rico and That such amount is designated by the Con- the United States Virgin Islands, in addition gress as being for an emergency requirement For an additional amount for the ‘‘Office of to any other amounts available for such pur- pursuant to section 251(b)(2)(A)(i) of the Bal- Inspector General’’, $7,000,000, to remain poses. available until expended: Provided, That such anced Budget and Emergency Deficit Control U.S. IMMIGRATION AND CUSTOMS amount is designated by the Congress as Act of 1985. ENFORCEMENT being for an emergency requirement pursu- GENERAL PROVISIONS—THIS TITLE ant to section 251(b)(2)(A)(i) of the Balanced OPERATIONS AND SUPPORT SEC. 20401. In fiscal year 2018, and each fis- Budget and Emergency Deficit Control Act For an additional amount for ‘‘Operations cal year thereafter, the Chief of Engineers of of 1985. and Support’’ for necessary expenses related the U.S. Army Corps of Engineers shall to the consequences of Hurricanes Harvey, DISASTER LOANS PROGRAM ACCOUNT transmit to the Congress, after reasonable Irma, and Maria, $30,905,000, to remain avail- opportunity for comment, but without (INCLUDING TRANSFER OF FUNDS) able until September 30, 2019: Provided, That change, by the Assistant Secretary of the For an additional amount for the ‘‘Disaster such amount is designated by the Congress Army for Civil Works, a monthly report, the Loans Program Account’’ for the cost of di- as being for an emergency requirement pur- first of which shall be transmitted to Con- rect loans authorized by section 7(b) of the suant to section 251(b)(2)(A)(i) of the Bal- gress not later than 2 days after the date of Small Business Act, $1,652,000,000, to remain anced Budget and Emergency Deficit Control enactment of this subdivision and monthly available until expended: Provided, That up Act of 1985. thereafter, which includes detailed estimates to $618,000,000 may be transferred to and PROCUREMENT, CONSTRUCTION, AND of damages to each Corps of Engineers merged with ‘‘Salaries and Expenses’’ for ad- IMPROVEMENTS project, caused by natural disasters or other- ministrative expenses to carry out the dis- wise. For an additional amount for ‘‘Procure- aster loan program authorized by section SEC. 20402. From the unobligated balances ment, Construction, and Improvements’’ for of amounts made available to the U.S. Army 7(b) of the Small Business Act: Provided fur- necessary expenses related to the con- Corps of Engineers, $518,900,000 under the ther, That none of the funds provided under sequences of Hurricanes Harvey, Irma, and heading ‘‘Corps of Engineers—Civil, Flood this heading may be used for indirect admin- Maria, $33,052,000, to remain available until Control and Coastal Emergencies’’ and istrative expenses: Provided further, That the September 30, 2022: Provided, That such $210,000,000 under the heading ‘‘Corps of Engi- amount provided under this heading is des- amount is designated by the Congress as neers—Civil, Operations and Maintenance’’ ignated by the Congress as being for an being for an emergency requirement pursu- in title X of the Disaster Relief Appropria- emergency requirement pursuant to section ant to section 251(b)(2)(A)(i) of the Balanced tions Act, 2013 (Public Law 113–2; 127 Stat. 25) 251(b)(2)(A)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act shall be transferred to ‘‘Corps of Engineers— Emergency Deficit Control Act of 1985. of 1985. Civil, Construction’’, to remain available TITLE VI TRANSPORTATION SECURITY ADMINISTRATION until expended, to rehabilitate, repair and DEPARTMENT OF HOMELAND SECURITY OPERATIONS AND SUPPORT construct Corps of Engineers projects: Pro- For an additional amount for ‘‘Operations DEPARTMENTAL MANAGEMENT, OPER- vided, That those projects may only include and Support’’ for necessary expenses related ATIONS, INTELLIGENCE, AND OVER- construction expenses, including cost shar- to the consequences of Hurricanes Harvey, SIGHT ing, as described under the heading ‘‘Corps of Irma, and Maria, $10,322,000, to remain avail- Engineers—Civil, Construction’’ in title X of OFFICE OF INSPECTOR GENERAL able until September 30, 2019: Provided, That that Act or other construction expenses re- OPERATIONS AND SUPPORT such amount is designated by the Congress lated to the consequences of Hurricane as being for an emergency requirement pur- Sandy: Provided further, That amounts trans- For an additional amount for ‘‘Operations suant to section 251(b)(2)(A)(i) of the Bal- ferred pursuant to this section that were pre- and Support’’ for necessary expenses related anced Budget and Emergency Deficit Control viously designated by the Congress as an to the consequences of Hurricanes Harvey, Act of 1985. emergency requirement pursuant to the Bal- Irma, and Maria, $25,000,000, to remain avail- anced Budget and Emergency Deficit Control able until September 30, 2020, for audits and COAST GUARD Act are designated by the Congress as an investigations of activities funded by this OPERATING EXPENSES emergency requirement pursuant to section title: Provided, That such amount is des- For an additional amount for ‘‘Operating 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an Expenses’’ for necessary expenses related to Emergency Deficit Control Act of 1985: Pro- emergency requirement pursuant to section the consequences of Hurricanes Harvey, vided further, That the Assistant Secretary of 251(b)(2)(A)(i) of the Balanced Budget and Irma, and Maria, $112,136,000, to remain the Army for Civil Works shall provide a Emergency Deficit Control Act of 1985. available until September 30, 2019: Provided,

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S729 That such amount is designated by the Con- sion assignment task order, the Adminis- amount is designated by the Congress as gress as being for an emergency requirement trator shall publish on the Agency’s website being for an emergency requirement pursu- pursuant to section 251(b)(2)(A)(i) of the Bal- the following: the name of the impacted ant to section 251(b)(2)(A)(i) of the Balanced anced Budget and Emergency Deficit Control State, the disaster declaration for such Budget and Emergency Deficit Control Act Act of 1985. State, the assigned agency, the assistance of 1985. ENVIRONMENTAL COMPLIANCE AND requested, a description of the disaster, the GENERAL PROVISIONS—THIS TITLE RESTORATION total cost estimate, and the amount obli- SEC. 20601. The Administrator of the Fed- For an additional amount for ‘‘Environ- gated: Provided further, That not later than eral Emergency Management Agency may mental Compliance and Restoration’’ for 10 days after the last day of each month provide assistance, pursuant to section 428 of necessary expenses related to the con- until a mission assignment or mission as- the Robert T. Stafford Disaster Relief and sequences of Hurricanes Harvey, Irma, and signment task order described in the pre- Emergency Assistance Act (42 U.S.C. 5121 et Maria, $4,038,000, to remain available until ceding proviso is completed and closed out, seq.), for critical services as defined in sec- September 30, 2022: Provided, That such the Administrator shall update any changes tion 406 of the Robert T. Stafford Disaster amount is designated by the Congress as to the total cost estimate and the amount Relief and Emergency Assistance Act for the being for an emergency requirement pursu- obligated: Provided further, That for a dis- duration of the recovery for incidents DR– ant to section 251(b)(2)(A)(i) of the Balanced aster declaration related to Hurricanes Har- 4336–PR, DR–4339–PR, DR–4340-USVI, and Budget and Emergency Deficit Control Act vey, Irma, or Maria, the Administrator shall DR–4335–USVI to— of 1985. submit to the Committees on Appropriations (1) replace or restore the function of a fa- of the House of Representatives and the Sen- cility or system to industry standards with- ACQUISITION, CONSTRUCTION, AND ate, not later than 5 days after the first day out regard to the pre-disaster condition of IMPROVEMENTS of each month beginning after the date of en- the facility or system; and For an additional amount for Acquisition, actment of this subdivision, and shall pub- (2) replace or restore components of the fa- Construction, and Improvements’’ for nec- lish on the Agency’s website, not later than cility or system not damaged by the disaster essary expenses related to the consequences 10 days after the first day of each such where necessary to fully effectuate the re- of Hurricanes Harvey, Irma, Maria, and Mat- month, an estimate or actual amount, if placement or restoration of disaster-dam- thew, $718,919,000, to remain available until available, for the current fiscal year of the aged components to restore the function of September 30, 2022: Provided, That, not later cost of the following categories of spending: the facility or system to industry standards. than 60 days after enactment of this subdivi- public assistance, individual assistance, op- SEC. 20602. Notwithstanding section 404 or sion, the Secretary of Homeland Security, or erations, mitigation, administrative, and 420 of the Robert T. Stafford Disaster Relief her designee, shall submit to the Committees any other relevant category (including emer- and Emergency Assistance Act (42 U.S.C. on Appropriations of the House of Represent- gency measures and disaster resources): Pro- 5170c and 8187), for fiscal years 2017 and 2018, atives and the Senate a detailed expenditure vided, further, That not later than 10 days the President shall provide hazard mitiga- plan for funds appropriated under this head- after the first day of each month, the Admin- tion assistance in accordance with such sec- ing: Provided further, That such amount is istrator shall publish on the Agency’s tion 404 in any area in which assistance was designated by the Congress as being for an website the report (referred to as the Dis- provided under such section 420. emergency requirement pursuant to section aster Relief Monthly Report) as required by SEC. 20603. The third proviso of the second 251(b)(2)(A)(i) of the Balanced Budget and Public Law 114–4: Provided further, That of paragraph in title I of Public Law 115–72 Emergency Deficit Control Act of 1985. the amounts provided under this heading for under the heading ‘‘Federal Emergency Man- PROTECTION, PREPAREDNESS, the Disaster Relief Fund, up to $150,000,000 agement Agency—Disaster Relief Fund’’ RESPONSE, AND RECOVERY shall be transferred to the Disaster Assist- shall be amended by striking ‘‘180 days’’ and inserting ‘‘365 days’’: Provided, That amounts FEDERAL EMERGENCY MANAGEMENT AGENCY ance Direct Loan Program Account for the repurposed pursuant to this section that OPERATIONS AND SUPPORT cost to lend a territory or possession of the United States that portion of assistance for were previously designated by the Congress For an additional amount for ‘‘Operations which the territory or possession is respon- as an emergency requirement pursuant to and Support’’ for necessary expenses related sible under the cost-sharing provisions of the the Balanced Budget and Emergency Deficit to the consequences of Hurricanes Harvey, major disaster declaration for Hurricanes Control Act are designated by the Congress Irma, and Maria, $58,800,000, to remain avail- Irma or Maria, as authorized under section as an emergency requirement pursuant to able until September 30, 2019: Provided, That 319 of the Robert T. Stafford Disaster Relief section 251(b)(2)(A)(i) of the Balanced Budget such amount is designated by the Congress and Emergency Deficit Control Act of 1985. and Emergency Assistance Act (42 U.S.C. as being for an emergency requirement pur- SEC. 20604. (a) DEFINITION OF PRIVATE NON- 5162): Provided further, That of the amount suant to section 251(b)(2)(A)(i) of the Bal- PROFIT FACILITY.—Section 102(11)(B) of the provided under this paragraph for transfer, anced Budget and Emergency Deficit Control Robert T. Stafford Disaster Relief and Emer- up to $1,000,000 may be transferred to the Act of 1985. gency Assistance Act (42 U.S.C. 5122(11)(B)) is Disaster Assistance Direct Loan Program amended to read as follows: PROCUREMENT, CONSTRUCTION, AND Account for administrative expenses to carry IMPROVEMENTS ‘‘(A) IN GENERAL.—The term ‘private non- out the Advance of Non-Federal Share pro- profit facility’ means private nonprofit edu- For an additional amount for ‘‘Procure- gram, as authorized by section 319 of the cational (without regard to the religious ment, Construction, and Improvements’’ for Robert T. Stafford Disaster Relief and Emer- character of the facility), utility, irrigation, necessary expenses related to the con- gency Assistance Act (42 U.S.C. 5162): Pro- emergency, medical, rehabilitational, and sequences of Hurricanes Harvey, Irma, and vided further, That such amount is des- temporary or permanent custodial care fa- Maria, $1,200,000, to remain available until ignated by the Congress as being for an cilities (including those for the aged and dis- September 30, 2020: Provided, That such emergency requirement pursuant to section abled) and facilities on Indian reservations, amount is designated by the Congress as 251(b)(2)(A)(i) of the Balanced Budget and as defined by the President. being for an emergency requirement pursu- Emergency Deficit Control Act of 1985. ‘‘(B) ADDITIONAL FACILITIES.—In addition ant to section 251(b)(2)(A)(i) of the Balanced RESEARCH, DEVELOPMENT, TRAINING, to the facilities described in subparagraph Budget and Emergency Deficit Control Act AND SERVICES (A), the term ‘private nonprofit facility’ in- of 1985. FEDERAL LAW ENFORCEMENT TRAINING cludes any private nonprofit facility that DISASTER RELIEF FUND CENTERS provides essential social services to the gen- For an additional amount for ‘‘Disaster OPERATIONS AND SUPPORT eral public (including museums, zoos, per- Relief Fund’’ for major disasters declared forming arts facilities, community arts cen- pursuant to the Robert T. Stafford Disaster For an additional amount for ‘‘Operations and Support’’ for necessary expenses related ters, community centers, libraries, homeless Relief and Emergency Assistance Act (42 shelters, senior citizen centers, rehabilita- U.S.C. 5121 et seq.), $23,500,000,000, to remain to the consequences of Hurricanes Harvey, Irma, and Maria, $5,374,000, to remain avail- tion facilities, shelter workshops, broad- available until expended: Provided, That the casting facilities, houses of worship, and fa- Administrator of the Federal Emergency able until September 30, 2019: Provided, That such amount is designated by the Congress cilities that provide health and safety serv- Management Agency shall publish on the ices of a governmental nature), as defined by Agency’s website not later than 5 days after as being for an emergency requirement pur- suant to section 251(b)(2)(A)(i) of the Bal- the President. No house of worship may be an award of a public assistance grant under excluded from this definition because leader- section 406 or 428 of the Robert T. Stafford anced Budget and Emergency Deficit Control Act of 1985. ship or membership in the organization oper- Disaster Relief and Emergency Assistance ating the house of worship is limited to per- Act (42 U.S.C. 5172 or 5189f) that is in excess PROCUREMENT, CONSTRUCTION, AND sons who share a religious faith or prac- of $1,000,000, the specifics of each such grant IMPROVEMENTS tice.’’. award: Provided further, That for any mission For an additional amount for ‘‘Procure- (b) REPAIR, RESTORATION, AND REPLACE- assignment or mission assignment task ment, Construction, and Improvements’’ for MENT OF DAMAGED FACILITIES.—Section order to another Federal department or necessary expenses related to the con- 406(a)(3) of the Robert T. Stafford Disaster agency regarding a major disaster in excess sequences of Hurricanes Harvey, Irma, and Relief and Emergency Assistance Act (42 of $1,000,000, not later than 5 days after the Maria, $5,000,000, to remain available until U.S.C. 5172(a)(3)) is amended by adding at the issuance of such mission assignment or mis- September 30, 2022: Provided, That such end the following:

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‘‘(C) RELIGIOUS FACILITIES.—A church, syn- tuarial assessments of eligible actions, that That grants shall only be available for areas agogue, mosque, temple, or other house of will be recognized for the purpose of increas- that have received a major disaster declara- worship, educational facility, or any other ing the Federal share under this section. tion pursuant to the Robert T. Stafford Dis- private nonprofit facility, shall be eligible Guidance shall ensure that the agency’s re- aster Relief and Emergency Assistance Act for contributions under paragraph (1)(B), view of eligible measures and investments (42 U.S.C. 5121 et seq.): Provided further, That without regard to the religious character of does not unduly delay determining the ap- individual grants shall not be subject to a the facility or the primary religious use of propriate Federal cost share. non-Federal matching requirement: Provided the facility. No house of worship, edu- ‘‘(C) REPORT.—One year after the issuance further, That such amount is designated by cational facility, or any other private non- of the guidance required by subparagraph the Congress as being for an emergency re- profit facility may be excluded from receiv- (B), the Administrator shall submit to the quirement pursuant to section 251(b)(2)(A)(i) ing contributions under paragraph (1)(B) be- Committee on Transportation and Infra- of the Balanced Budget and Emergency Def- cause leadership or membership in the orga- structure of the House of Representatives icit Control Act of 1985. nization operating the house of worship is and the Committee on Homeland Security CONSTRUCTION limited to persons who share a religious and Governmental Affairs of the Senate a re- For an additional amount for ‘‘Construc- faith or practice.’’. port regarding the analysis of the Federal tion’’ for necessary expenses related to the (c) APPLICABILITY.—This section and the cost shares paid under this section. consequences of Hurricanes Harvey, Irma, amendments made by this section shall ‘‘(D) SAVINGS CLAUSE.—Nothing in this and Maria, $207,600,000, to remain available apply— paragraph prevents the President from in- until expended: Provided, That such amount (1) to the provision of assistance in re- creasing the Federal cost share above 85 per- is designated by the Congress as being for an sponse to a major disaster or emergency de- cent.’’. emergency requirement pursuant to section clared on or after August 23, 2017; or SEC. 20607. Division F of the Consolidated 251(b)(2)(A)(i) of the Balanced Budget and (2) with respect to— Appropriations Act, 2017, is amended by in- Emergency Deficit Control Act of 1985. (A) any application for assistance that, as serting the following at the end of Title V: UNITED STATES GEOLOGICAL SURVEY of the date of enactment of this Act, is pend- ‘‘SEC. 545. (a) PREMIUM PAY AUTHORITY.— SURVEYS, INVESTIGATIONS, AND RESEARCH ing before Federal Emergency Management During calendar year 2017, any premium pay For an additional amount for ‘‘Surveys, In- Agency; and that is funded, either directly or through re- vestigations, and Research’’ for necessary (B) any application for assistance that has imbursement, by the ‘Federal Emergency expenses related to the consequences of Hur- been denied, where a challenge to that denial Management Agency—Disaster Relief Fund’ ricanes Harvey, Irma, and Maria, and in is not yet finally resolved as of the date of shall be exempted from the aggregate of those areas impacted by a major disaster de- enactment of this Act. basic pay and premium pay calculated under clared pursuant to the Robert T. Stafford SEC. 20605. (a) The Federal share of assist- section 5547(a) of title 5, United States Code, Disaster Relief and Emergency Assistance ance, including direct Federal assistance, and any other provision of law limiting the Act (42 U.S.C. 5121 et seq.) with respect to provided under section 407 of the Robert T. aggregate amount of premium pay payable wildfires in 2017, $42,246,000, to remain avail- Stafford Disaster Relief and Emergency As- on a biweekly or calendar year basis. able until expended: Provided, That such sistance Act (42 U.S.C. 5173), with respect to ‘‘(b) OVERTIME AUTHORITY.—During cal- amount is designated by the Congress as a major disaster declared pursuant to such endar year 2017, any overtime that is funded, being for an emergency requirement pursu- Act for damages resulting from a wildfire in either directly or through reimbursement, ant to section 251(b)(2)(A)(i) of the Balanced calendar year 2017, shall be 90 percent of the by the ‘Federal Emergency Management Budget and Emergency Deficit Control Act eligible costs under such section. Agency—Disaster Relief Fund’ shall be ex- (b) The Federal share provided by sub- empted from any annual limit on the of 1985. section (a) shall apply to assistance provided amount of overtime payable in a calendar or DEPARTMENTAL OFFICES before, on, or after the date of enactment of fiscal year. INSULAR AFFAIRS this Act. ‘‘(c) APPLICABILITY OF AGGREGATE LIMITA- ASSISTANCE TO TERRITORIES FEDERAL COST-SHARE ADJUSTMENTS FOR RE- TION ON PAY.—In determining whether an For an additional amount for ‘‘Technical PAIR, RESTORATION, AND REPLACEMENT OF employee’s pay exceeds the applicable an- Assistance’’ for financial management ex- DAMAGED FACILITIES nual rate of basic pay payable under section penses related to the consequences of Hurri- 5307 of title 5, United States Code, the head SEC. 20606. Section 406(b) of the Robert T. canes Irma and Maria, $3,000,000, to remain of an Executive agency shall not include pay Stafford Disaster Relief and Emergency As- available until expended: Provided, That such exempted under this section. sistance Act (42 U.S.C. 5172(b)) is amended by amount is designated by the Congress as ‘‘(d) LIMITATION OF PAY AUTHORITY.—Pay inserting after paragraph (2) the following: being for an emergency requirement pursu- exempted from otherwise applicable limits ‘‘(3) INCREASED FEDERAL SHARE.— ant to section 251(b)(2)(A)(i) of the Balanced under subsection (a) shall not cause the ag- ‘‘(A) INCENTIVE MEASURES.—The President Budget and Emergency Deficit Control Act gregate pay earned for the calendar year in may provide incentives to a State or Tribal of 1985. which the exempted pay is earned to exceed government to invest in measures that in- OFFICE OF INSPECTOR GENERAL the rate of basic pay payable for a position crease readiness for, and resilience from, a at level II of the Executive Schedule under SALARIES AND EXPENSES major disaster by recognizing such invest- section 5313 of title 5, United States Code. For an additional amount for ‘‘Salaries ments through a sliding scale that increases ‘‘(e) EFFECTIVE DATE.—This section shall and Expenses’’ for necessary expenses related the minimum Federal share to 85 percent. take effect as if enacted on December 31, to the consequences of Hurricanes Harvey, Such measures may include— 2016.’’. Irma, and Maria, $2,500,000, to remain avail- ‘‘(i) the adoption of a mitigation plan ap- TITLE VII able until expended: Provided, That such proved under section 322; amount is designated by the Congress as DEPARTMENT OF THE INTERIOR ‘‘(ii) investments in disaster relief, insur- being for an emergency requirement pursu- ance, and emergency management programs; UNITED STATES FISH AND WILDLIFE SERVICE ant to section 251(b)(2)(A)(i) of the Balanced ‘‘(iii) encouraging the adoption and en- CONSTRUCTION Budget and Emergency Deficit Control Act forcement of the latest published editions of For an additional amount for ‘‘Construc- of 1985. relevant consensus-based codes, specifica- tion’’ for necessary expenses related to the ENVIRONMENTAL PROTECTION AGENCY tions, and standards that incorporate the consequences of Hurricanes Harvey, Irma, HAZARDOUS SUBSTANCE SUPERFUND latest hazard-resistant designs and establish and Maria, $210,629,000, to remain available For an additional amount for ‘‘Hazardous minimum acceptable criteria for the design, until expended: Provided, That such amount construction, and maintenance of residential Substance Superfund’’ for necessary ex- is designated by the Congress as being for an penses related to the consequences of Hurri- structures and facilities that may be eligible emergency requirement pursuant to section for assistance under this Act for the purpose canes Harvey, Irma, and Maria, $6,200,000, to 251(b)(2)(A)(i) of the Balanced Budget and remain available until expended: Provided, of protecting the health, safety, and general Emergency Deficit Control Act of 1985. welfare of the buildings’ users against disas- That such amount is designated by the Con- ters; NATIONAL PARK SERVICE gress as being for an emergency requirement ‘‘(iv) facilitating participation in the com- HISTORIC PRESERVATION FUND pursuant to section 251(b)(2)(A)(i) of the Bal- munity rating system; and For an additional amount for the ‘‘Historic anced Budget and Emergency Deficit Control ‘‘(v) funding mitigation projects or grant- Preservation Fund’’ for necessary expenses Act of 1985. ing tax incentives for projects that reduce related to the consequences of Hurricanes LEAKING UNDERGROUND STORAGE TANK TRUST risk. Harvey, Irma, and Maria, $50,000,000, to re- FUND PROGRAM ‘‘(B) COMPREHENSIVE GUIDANCE.—Not later main available until September 30, 2019, in- For an additional amount for ‘‘Leaking than 1 year after the date of enactment of cluding costs to States and territories nec- Underground Storage Tank Fund’’ for nec- this paragraph, the President, acting essary to complete compliance activities re- essary expenses related to the consequences through the Administrator, shall issue com- quired by section 306108 of title 54, United of Hurricanes Harvey, Irma, and Maria, prehensive guidance to State and Tribal gov- States Code (formerly section 106 of the Na- $7,000,000, to remain available until ex- ernments regarding the measures and invest- tional Historic Preservation Act) and costs pended: Provided, That such amount is des- ments, weighted appropriately based on ac- needed to administer the program: Provided, ignated by the Congress as being for an

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emergency requirement pursuant to section CAPITAL IMPROVEMENT AND MAINTENANCE Innovation and Opportunity Act, in States, 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Capital Im- as defined by section 3(56) of such Act, af- Emergency Deficit Control Act of 1985. provement and Maintenance’’ for necessary fected by Hurricanes Harvey, Irma, and STATE AND TRIBAL ASSISTANCE GRANTS expenses related to the consequences of Hur- Maria, a local board, as defined by section For an additional amount for ‘‘State and ricanes Harvey, Irma, and Maria, and the 3(33) of such Act, in a local area, as defined Tribal Assistance Grants’’ for necessary ex- 2017 fire season, $91,600,000, to remain avail- by section 3(32) of such Act, affected by such penses related to the consequences of Hurri- able until expended: Provided, That such Hurricanes may transfer, if such transfer is canes Harvey, Irma, and Maria for the haz- amount is designated by the Congress as approved by the Governor, up to 100 percent ardous waste financial assistance grants pro- being for an emergency requirement pursu- of the funds allocated to the local area for ant to section 251(b)(2)(A)(i) of the Balanced gram and for other solid waste management Program Years 2016 and 2017 for Youth Work- Budget and Emergency Deficit Control Act activities, $50,000,000, to remain available force Investment activities under paragraphs of 1985. until expended: Provided, That none of these (2) or (3) of section 128(b) of such Act, for funds allocated within Region 2 shall be sub- GENERAL PROVISION—THIS TITLE Adult employment and training activities ject to cost share requirements under section SEC. 20701. Agencies receiving funds appro- under paragraphs (2)(A) or (3) of section 3011(b) of the Solid Waste Disposal Act: Pro- priated by this title shall each provide a 133(b) of such Act, or for Dislocated Worker vided further, That such amount is des- monthly report to the Committees on Appro- employment and training activities under ignated by the Congress as being for an priations of the House of Representatives paragraph (2)(B) of section 133(b) of such Act emergency requirement pursuant to section and the Senate detailing the allocation and among— 251(b)(2)(A)(i) of the Balanced Budget and obligation of these funds by account, begin- (1) adult employment and training activi- Emergency Deficit Control Act of 1985. ning not later than 90 days after enactment ties; of this Act. (2) dislocated worker employment and ADMINISTRATIVE PROVISION—ENVIRONMENTAL TITLE VIII training activities; and PROTECTION AGENCY DEPARTMENT OF LABOR (3) youth workforce investment activities. Of amounts previously appropriated for (b) THE VIRGIN ISLANDS.—Except for the MPLOYMENT AND TRAINING ADMINISTRATION capitalization grants for the State Revolving E funds reserved to carry out required state- Funds under title VI of the Federal Water TRAINING AND EMPLOYMENT SERVICES wide activities under sections 127(b) and Pollution Control Act or under section 1452 (INCLUDING TRANSFERS OF FUNDS) 134(a)(2) of the Workforce Innovation and Op- of the Safe Drinking Water Act to a State or For an additional amount for ‘‘Training portunity Act, the Governor of the Virgin Is- territory included as part of a disaster dec- and Employment Services’’, $100,000,000, for lands may authorize the transfer of up to 100 laration related to Hurricanes Irma and the dislocated workers assistance national percent of the remaining funds provided to Maria, all existing grant funds that are reserve for necessary expenses directly re- the Virgin Islands for Program Years 2016 available but not drawn down shall not be lated to the consequences of Hurricanes Har- and 2017 for Youth Workforce Investment ac- subject to the matching or cost share re- vey, Maria, and Irma and those jurisdictions tivities under section 127(b)(1)(B) of such quirements of sections 602(b)(2), 602(b)(3) of that received a major disaster declaration Act, for Adult employment and training ac- the Federal Water Pollution Control Act nor pursuant to the Robert T. Stafford Disaster tivities under section 132(b)(1)(A) of such the matching requirements of section 1452(e) Relief and Emergency Assistance Act (42 Act, or for Dislocated Worker employment of the Safe Drinking Water Act and shall be U.S.C. 5121 et seq.) due to wildfires in 2017, and training activities under section awarded to such state or territory: Provided, which shall be available from the date of en- 133(b)(2)(A) of such Act among— That, notwithstanding the requirements of actment of this subdivision through Sep- (1) adult employment and training activi- section 603(d) of the Federal Water Pollution tember 30, 2019: Provided, That the Secretary ties; Control Act or section 1452(f) of the Safe of Labor may transfer up to $2,500,000 of such (2) dislocated worker employment and Drinking Water Act, the state or territory funds to any other Department of Labor ac- training activities; and shall utilize the full amount of such funds, count for reconstruction and recovery needs, (3) youth workforce investment activities. including worker protection activities: excluding existing loans, to provide addi- Pro- DEPARTMENT OF HEALTH AND HUMAN vided further, That these sums may be used tional subsidization to eligible recipients in SERVICES the form of forgiveness of principal, negative to replace grant funds previously obligated CENTERS FOR DISEASE CONTROL AND interest loans or grants or any combination to the impacted areas: Provided further, That PREVENTION of these: Provided further, That such funds of the amount provided, up to $500,000, to re- may be used for eligible projects whose pur- main available until expended, shall be CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT pose is to repair damage incurred as a result transferred to ‘‘Office of Inspector (INCLUDING TRANSFER OF FUNDS) of Hurricanes Irma and Maria, reduce flood General’’for oversight of activities respond- For an additional amount for ‘‘CDC-Wide damage risk and vulnerability or to enhance ing to such hurricanes and wildfires: Provided Activities and Program Support’’, resiliency to rapid hydrologic change or a further, That such amount is designated by $200,000,000, to remain available until Sep- natural disaster at treatment works as de- the Congress as being for an emergency re- tember 30, 2020, for response, recovery, prepa- fined by section 212 of the Federal Water Pol- quirement pursuant to section 251(b)(2)(A)(i) ration, mitigation, and other expenses di- lution Control Act or a public drinking of the Balanced Budget and Emergency Def- rectly related to the consequences of Hurri- water system under section 1452 of the Safe icit Control Act of 1985. canes Harvey, Irma, and Maria: Provided, Drinking Water Act: Provided further, That JOB CORPS That obligations incurred for the purposes any project involving the repair or replace- For an additional amount for ‘‘Job Corps’’ provided herein prior to the date of enact- ment of a lead service line shall replace the for construction, rehabilitation and acquisi- ment of this subdivision may be charged to entire lead service line, not just a portion. tion for Job Corps Centers in Puerto Rico, funds appropriated by this paragraph: Pro- RELATED AGENCIES $30,900,000, which shall be available upon the vided further, That of the amount provided, date of enactment of this subdivision and re- not less than $6,000,000 shall be transferred to DEPARTMENT OF AGRICULTURE main available for obligation through June the ‘‘Buildings and Facilities’’ account for FOREST SERVICE 30, 2021: Provided, That such amount is des- the purposes provided herein: Provided fur- STATE AND PRIVATE FORESTRY ignated by the Congress as being for an ther, That such amount is designated by the For an additional amount for ‘‘State and emergency requirement pursuant to section Congress as being for an emergency require- Private Forestry’’ for necessary expenses re- 251(b)(2)(A)(i) of the Balanced Budget and ment pursuant to section 251(b)(2)(A)(i) of lated to the consequences of Hurricanes Har- Emergency Deficit Control Act of 1985. the Balanced Budget and Emergency Deficit vey, Irma, and Maria, $7,500,000, to remain GENERAL PROVISIONS—DEPARTMENT OF LABOR Control Act of 1985. available until expended: Provided, That such DEFERRAL OF INTEREST PAYMENTS FOR VIRGIN NATIONAL INSTITUTES OF HEALTH amount is designated by the Congress as ISLANDS OFFICE OF THE DIRECTOR being for an emergency requirement pursu- SEC. 20801. Notwithstanding any other pro- For an additional amount for fiscal year ant to section 251(b)(2)(A)(i) of the Balanced vision of law, the interest payment of the 2018 for ‘‘Office of the Director’’, $50,000,000, Budget and Emergency Deficit Control Act Virgin Islands that was due under section to remain available until September 30, 2020, of 1985. 1202(b)(1) of the Social Security Act on Sep- for response, recovery, and other expenses di- NATIONAL FOREST SYSTEM tember 29, 2017, shall not be due until Sep- rectly related to the consequences of Hurri- For an additional amount for ‘‘National tember 28, 2018, and no interest shall accrue canes Harvey, Irma, and Maria: Provided, Forest System’’ for necessary expenses re- on such amount through September 28, 2018: That obligations incurred for these purposes lated to the consequences of Hurricanes Har- Provided, That such amount is designated by prior to the date of enactment of this sub- vey, Irma, and Maria, $20,652,000, to remain the Congress as being for an emergency re- division may be charged to funds appro- available until expended: Provided, That such quirement pursuant to section 251(b)(2)(A)(i) priated by this paragraph: Provided further, amount is designated by the Congress as of the Balanced Budget and Emergency Def- That funds appropriated by this paragraph being for an emergency requirement pursu- icit Control Act of 1985. may be used for construction grants or con- ant to section 251(b)(2)(A)(i) of the Balanced FLEXIBILITY IN USE OF FUNDS UNDER WIOA tracts under section 404I of the Public Health Budget and Emergency Deficit Control Act SEC. 20802. (a) IN GENERAL.—Notwith- Service Act without regard to section of 1985. standing section 133(b)(4) of the Workforce 404I(c)(2): Provided further, That such amount

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 7, 2018 is designated by the Congress as being for an hurricanes: Provided further, That obligations (2) immediate aid to restart school oper- emergency requirement pursuant to section incurred for the purposes provided herein ations and temporary emergency impact aid 251(b)(2)(A)(i) of the Balanced Budget and prior to the date of enactment of this sub- for displaced students described in subpara- Emergency Deficit Control Act of 1985. division may be charged to funds appro- graphs (A) and (B) of paragraph (1) shall be ADMINISTRATION FOR CHILDREN AND FAMILIES priated under this heading: Provided further, provided under the statutory terms and con- That funds appropriated in this paragraph ditions that applied to assistance under sec- CHILDREN AND FAMILIES SERVICES PROGRAMS shall not be available for costs that are reim- tions 102 and 107 of title IV of division B of For an additional amount for ‘‘Children bursed by the Federal Emergency Manage- Public Law 109–148, respectively, except that and Families Services Programs’’, ment Agency, under a contract for insur- such sections shall be applied so that— $650,000,000, to remain available until Sep- ance, or by self-insurance: Provided further, (A) each reference to a major disaster de- tember 30, 2021, for Head Start programs, for That such amount is designated by the Con- clared in accordance with section 401 of the necessary expenses directly related to the gress as being for an emergency requirement Robert T. Stafford Disaster Relief and Emer- consequences of Hurricanes Harvey, Irma, pursuant to section 251(b)(2)(A)(i) of the Bal- gency Assistance Act (42 U.S.C. 5170) shall be and Maria, including making payments anced Budget and Emergency Deficit Control to a major disaster or emergency declared by under the Head Start Act: Provided, That Act of 1985. the President in accordance with section 401 none of the funds appropriated in this para- GENERAL PROVISION—DEPARTMENT OF or 501, respectively, of such Act; graph shall be included in the calculation of HEALTH AND HUMAN SERVICES (B) each reference to Hurricane Katrina or the ‘‘base grant’’ in subsequent fiscal years, DIRECT HIRE AUTHORITY FOR CERTAIN Hurricane Rita shall be a reference to a cov- as such term is defined in sections EMERGENCY RESPONSE POSITIONS ered disaster or emergency; 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the (C) each reference to August 22, 2005 shall SEC. 20803. (a) IN GENERAL.—As the Sec- Head Start Act: Provided further, That funds be to the date that is one week prior to the appropriated in this paragraph are not sub- retary of Health and Human Services deter- mines necessary to respond to a critical hir- date that the major disaster or emergency ject to the allocation requirements of sec- was declared for the area; tion 640(a) of the Head Start Act: Provided ing need for emergency response positions, after providing public notice and without re- (D) each reference to the States of Lou- further, That funds appropriated in this para- gard to the provisions of sections 3309 isiana, Mississippi, Alabama, and Texas shall graph shall not be available for costs that through 3319 of title 5, United States Code, be to the States or territories affected by a are reimbursed by the Federal Emergency the Secretary may appoint candidates di- covered disaster or emergency, and each ref- Management Agency, under a contract for rectly to the following positions, consistent erence to the State educational agencies of insurance, or by self-insurance: Provided fur- with subsection (b), to perform critical work Louisiana, Mississippi, Alabama, or Texas ther, That up to $12,500,000 shall be available directly relating to the consequences of Hur- shall be a reference to the State educational for Federal administrative expenses: Pro- ricanes Harvey, Irma, and Maria: agencies that serve the states or territories vided further, That obligations incurred for (1) Intermittent disaster-response per- affected by a covered disaster or emergency; the purposes provided herein prior to the sonnel in the National Disaster Medical Sys- (E) each reference to the 2005–2006 school date of enactment of this subdivision may be tem, under section 2812 of the Public Health year shall be to the 2017–2018 school year; charged to funds appropriated under this Service Act (42 U.S.C. 300hh–11). (F) the references in section 102(h)(1) of heading: Provided further, That such amount (2) Term or temporary related positions in title IV of division B of Public Law 109–148 to is designated by the Congress as being for an the number of non-public and public elemen- the Centers for Disease Control and Preven- emergency requirement pursuant to section tary schools and secondary schools in the tion and the Office of the Assistant Sec- 251(b)(2)(A)(i) of the Balanced Budget and State shall be to the number of students in retary for Preparedness and Response. Emergency Deficit Control Act of 1985. non-public and public elementary schools (b) EXPIRATION.—The authority under sub- OFFICE OF THE SECRETARY section (a) shall expire 270 days after the and secondary schools in the State, and the reference in such section to the National PUBLIC HEALTH AND SOCIAL SERVICES date of enactment of this section. Center for Data Statistics Common Core of EMERGENCY FUND DEPARTMENT OF EDUCATION Data for the 2003–2004 school year shall be to (INCLUDING TRANSFERS OF FUNDS) HURRICANE EDUCATION RECOVERY the most recent and appropriate data set for For an additional amount for the ‘‘Public (INCLUDING TRANSFER OF FUNDS) the 2016–2017 school year; Health and Social Services Emergency For an additional amount for ‘‘Hurricane (G) in determining the amount of imme- Fund’’, $162,000,000, to remain available until Education Recovery’’ for necessary expenses diate aid provided to restart school oper- September 30, 2020, for response, recovery, related to the consequences of Hurricanes ations as described in section 102(b) of title preparation, mitigation and other expenses Harvey, Irma, and Maria, or wildfires in 2017 IV of division B of Public Law 109–148, the directly related to the consequences of Hur- for which a major disaster or emergency has Secretary shall consider the number of stu- ricanes Harvey, Irma, and Maria, including been declared under sections 401 or 501 of the dents enrolled, during the 2016–2017 school activities authorized under section 319(a) of Robert T. Stafford Disaster Relief and Emer- year, in elementary schools and secondary the Public Health Service Act (referred to in gency Assistance Act (42 U.S.C. 5170 and 5190) schools that were closed as a result of a cov- this subdivision as the ‘‘PHS Act’’): Provided, (referred to under this heading as ‘‘covered ered disaster or emergency; That of the amount provided, $60,000,000 shall disaster or emergency’’), $2,700,000,000, to re- (H) in determining the amount of emer- be transferred to ‘‘Health Resources and main available through September 30, 2022, gency impact aid that a State educational Services Administration—Primary Health for assisting in meeting the educational agency is eligible to receive under paragraph Care’’, for expenses related to the con- needs of individuals affected by a covered (1)(B), the Secretary shall, subject to section sequences of Hurricanes Harvey, Irma, and disaster or emergency: Provided, That such 107(d)(1)(B) of such title, provide— Maria for disaster response and recovery, for amount is designated by the Congress as (i) $9,000 for each displaced student who is the Health Centers Program under section being for an emergency requirement pursu- an English learner, as that term is defined in 330 of the PHS Act: Provided further, That not ant to section 251(b)(2)(A)(i) of the Balanced section 8101 of the Elementary and Sec- less than $50,000,000, of amounts transferred Budget and Emergency Deficit Control Act ondary Education Act of 1965 (20 U.S.C. 7801); under the preceding proviso, shall be avail- of 1985: Provided further, That— (ii) $10,000 for each displaced student who able for alteration, renovation, construction, (1) such funds shall be used— is a child with a disability (regardless of equipment, and other capital improvement (A) to make awards to eligible entities for whether the child is an English learner); and costs as necessary to meet the needs of areas immediate aid to restart school operations, (iii) $8,500 for each displaced student who is affected by Hurricanes Harvey, Irma, and in accordance with paragraph (2); not a child with a disability or an English Maria: Provided further, That the time limi- (B) for temporary emergency impact aid learner; tation in section 330(e)(3) of the PHS Act for displaced students, in accordance with (I) with respect to the emergency impact shall not apply to funds made available paragraph (2); aid provided under paragraph (1)(B), the Sec- under the preceding proviso: Provided further, (C) for emergency assistance to institu- retary may modify the State educational That of the amount provided, not less than tions of higher education and students at- agency and local educational agency applica- $20,000,000 shall be transferred to ‘‘Substance tending institutions of higher education in tion timelines in section 107(c) of such title; Abuse and Mental Health Services Adminis- an area directly affected by a covered dis- and tration—Health Surveillance and Program aster or emergency in accordance with para- (J) each reference to a public elementary Support’’ for grants, contracts, and coopera- graph (3); school may include, as determined by the tive agreements for behavioral health treat- (D) for payments to institutions of higher local educational agency, a publicly-funded ment, crisis counseling, and other related education to help defray the unexpected ex- preschool program that enrolls children helplines, and for other similar programs to penses associated with enrolling displaced below the age of kindergarten entry and is provide support to individuals impacted by students from institutions of higher edu- part of an elementary school; Hurricanes Harvey, Irma, and Maria: Pro- cation directly affected by a covered disaster (3) $100,000,000 of the funds made available vided further, That of the amount provided, or emergency, in accordance with paragraph under this heading shall be for programs au- up to $2,000,000, to remain available until ex- (4); and thorized under subpart 3 of Part A, part C of pended, shall be transferred to ‘‘Office of the (E) to provide assistance to local edu- title IV and part B of title VII of the Higher Secretary—Office of Inspector General’’ for cational agencies serving homeless children Education Act of 1965 (20 U.S.C. 1087–51 et oversight of activities responding to such and youth in accordance with paragraph (5); seq., 1138 et seq.) for institutions located in

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S733 an area affected by a covered disaster or the Balanced Budget and Emergency Deficit TITLE X emergency, and students enrolled in such in- Control Act of 1985; and DEPARTMENT OF DEFENSE stitutions, except that— (10) if any provision under this heading or MILITARY CONSTRUCTION, NAVY AND MARINE application of such provision to any person (A) any requirements relating to matching, CORPS Federal share, reservation of funds, or main- or circumstance is held to be unconstitu- For an additional amount for ‘‘Military tenance of effort under such parts that would tional, the remainder of the provisions under Construction, Navy and Marine Corps’’, otherwise be applicable to that assistance this heading and the application of such pro- $201,636,000, to remain available until Sep- shall not apply; visions to any person or circumstance shall tember 30, 2022, for necessary expenses re- (B) such assistance may be used for stu- not be affected thereby. lated to the consequences of Hurricanes Har- dent financial assistance; GENERAL PROVISION—DEPARTMENT OF vey, Irma, and Maria: Provided, That none of (C) such assistance may also be used for EDUCATION the funds made available to the Navy and faculty and staff salaries, equipment, stu- SEC. 20804. (a) Notwithstanding any other Marine Corps for recovery efforts related to dent supplies and instruments, or any pur- provision of law, the Secretary of Education Hurricanes Harvey, Irma, and Maria in this pose authorized under the Higher Education is hereby authorized to forgive any out- subdivision shall be available for obligation Act of 1965, by institutions of higher edu- standing balance owed to the Department of until the Committees on Appropriations of cation that are located in areas affected by a Education under the HBCU Hurricane Sup- the House of Representatives and the Senate covered disaster or emergency; and plemental Loan program established pursu- receive form 1391 for each specific request: (D) the Secretary shall prioritize, to the ant to section 2601 of Public Law 109–234, as Provided further, That, not later than 60 days extent possible, students who are homeless modified by section 307 of title III of division after enactment of this subdivision, the Sec- or at risk of becoming homeless as a result F of the Consolidated Appropriations Act, retary of the Navy, or his designee, shall of displacement, and institutions that have 2012 (Public Law 112–74), as carried forward submit to the Committees on Appropriations sustained extensive damage, by a covered by the Continuing Appropriations Resolu- of House of Representatives and the Senate a disaster or emergency; tion, 2013 (Public Law 112–175). detailed expenditure plan for funds provided (4) up to $75,000,000 of the funds made avail- (b) There are authorized to be appro- under this heading: Provided further, That able under this heading shall be for pay- priated, and there are hereby appropriated, such funds may be obligated or expended for ments to institutions of higher education to such sums as may be necessary to carry out planning and design and military construc- help defray the unexpected expenses associ- subsection (a): Provided, That such amount is tion projects not otherwise authorized by ated with enrolling displaced students from designated by the Congress as an emergency law: Provided further, That such amount is institutions of higher education at which op- requirement pursuant to section designated by the Congress as being for an erations have been disrupted by a covered 251(b)(2)(A)(i) of the Balance Budget and emergency requirement pursuant to section disaster or emergency, in accordance with Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and criteria established by the Secretary and GENERAL PROVISIONS—THIS TITLE Emergency Deficit Control Act of 1985. made publicly available; (INCLUDING TRANSFER OF FUNDS) MILITARY CONSTRUCTION, ARMY NATIONAL (5) $25,000,000 of the funds made available SEC. 20805. Funds appropriated to the De- GUARD under this heading shall be available to pro- partment of Health and Human Services by For an additional amount for ‘‘Military vide assistance to local educational agencies this title may be transferred to, and merged serving homeless children and youths dis- Construction, Army National Guard’’, with, other appropriation accounts under the $519,345,000, to remain available until Sep- placed by a covered disaster or emergency, headings ‘‘Centers for Disease Control and consistent with section 723 of the McKinney- tember 30, 2022, for necessary expenses re- Prevention’’ and ‘‘Public Health and Social lated to the consequences of Hurricanes Har- Vento Homeless Assistance Act (42 U.S.C. Services Emergency Fund’’ for the purposes 11431–11435) and with section 106 of title IV of vey, Irma, and Maria: Provided, That none of specified in this title following consultation the funds made available to the Army Na- division B of Public Law 109-148, except that with the Office of Management and Budget: funds shall be disbursed based on dem- tional Guard for recovery efforts related to Provided, That the Committees on Appropria- Hurricanes Harvey, Irma, and Maria in this onstrated need and the number of homeless tions in the House of Representatives and children and youth enrolled as a result of subdivision shall be available for obligation the Senate shall be notified 10 days in ad- until the Committees on Appropriations of displacement by a covered disaster or emer- vance of any such transfer: Provided further, gency; the House of Representatives and the Senate That, upon a determination that all or part receive form 1391 for each specific request: (6) section 437 of the General Education of the funds transferred from an appropria- Provisions Act (20 U.S.C. 1232) and section Provided further, That, not later than 60 days tion are not necessary, such amounts may be after enactment of this subdivision, the Di- 553 of title 5, United States Code, shall not transferred back to that appropriation: Pro- apply to activities under this heading; rector of the Army National Guard, or his vided further, That none of the funds made designee, shall submit to the Committees on (7) $4,000,000 of the funds made available available by this title may be transferred under this heading, to remain available until Appropriations of the House of Representa- pursuant to the authority in section 205 of tives and the Senate a detailed expenditure expended, shall be transferred to the Office division H of Public Law 115–31 or section of the Inspector General of the Department plan for funds provided under this heading: 241(a) of the PHS Act. Provided further, That such funds may be ob- of Education for oversight of activities sup- SEC. 20806. Not later than 30 days after en- ligated or expended for planning and design ported with funds appropriated under this actment of this subdivision, the Secretary of and military construction projects not oth- heading, and up to $3,000,000 of the funds Health and Human Services shall provide a erwise authorized by law: Provided further, made available under this heading shall be detailed spend plan of anticipated uses of That such amount is designated by the Con- for program administration; funds made available in this title, including gress as being for an emergency requirement (8) up to $35,000,000 of the funds made avail- estimated personnel and administrative pursuant to section 251(b)(2)(A)(i) of the Bal- able under this heading shall be to carry out costs, to the Committees on Appropriations: anced Budget and Emergency Deficit Control activities authorized under section 4631(b) of Provided, That such plans shall be updated Act of 1985. the Elementary and Secondary Education and submitted to the Committees on Appro- Act of 1965 (20 U.S.C. 7281(b)): Provided, That priations every 60 days until all funds are ex- DEPARTMENT OF VETERANS AFFAIRS obligations incurred for the purposes pro- pended or expire. VETERANS HEALTH ADMINISTRATION vided herein prior to the date of enactment SEC. 20807. Unless otherwise provided for by MEDICAL SERVICES of this subdivision may be charged to funds this title, the additional amounts appro- For an additional amount for ‘‘Medical appropriated under this paragraph; priated by this title to appropriations ac- (9) the Secretary may waive, modify, or Services’’, $11,075,000, to remain available counts shall be available under the authori- until September 30, 2019, for necessary ex- provide extensions for certain requirements ties and conditions applicable to such appro- of the Higher Education Act of 1965 (20 U.S.C. penses related to the consequences of Hurri- priations accounts for fiscal year 2018. canes Harvey, Irma, and Maria: Provided, 1001 et seq.) for affected individuals, affected TITLE IX students, and affected institutions in covered That such amount is designated by the Con- LEGISLATIVE BRANCH disaster or emergency areas in the same gress as being for an emergency requirement manner as the Secretary was authorized to GOVERNMENT ACCOUNTABILITY OFFICE pursuant to section 251(b)(2)(A)(i) of the Bal- waive, modify, or provide extensions for cer- SALARIES AND EXPENSES anced Budget and Emergency Deficit Control tain requirements of such Act under provi- For an additional amount for ‘‘Salaries Act of 1985. sions of subtitle B of title IV of division B of and Expenses’’, $14,000,000, to remain avail- MEDICAL SUPPORT AND COMPLIANCE Public Law 109–148 for affected individuals, able until expended, for audits and investiga- For an additional amount for ‘‘Medical affected students, and affected institutions tions relating to Hurricanes Harvey, Irma, Support and Compliance’’, $3,209,000, to re- in areas affected by Hurricane Katrina and and Maria and the 2017 wildfires: Provided, main available until September 30, 2019, for Hurricane Rita, except that the cost associ- That such amount is designated by the Con- necessary expenses related to the con- ated with any action taken by the Secretary gress as being for an emergency requirement sequences of Hurricanes Harvey, Irma, and under this paragraph is designated by the pursuant to section 251(b)(2)(A)(i) of the Bal- Maria: Provided, That such amount is des- Congress as being for an emergency require- anced Budget and Emergency Deficit Control ignated by the Congress as being for an ment pursuant to section 251(b)(2)(A)(i) of Act of 1985. emergency requirement pursuant to section

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S734 CONGRESSIONAL RECORD — SENATE February 7, 2018 251(b)(2)(A)(i) of the Balanced Budget and projects under section 125 of such title shall expenses for activities authorized under title Emergency Deficit Control Act of 1985. apply to the Virgin Islands, Guam, American I of the Housing and Community Develop- MEDICAL FACILITIES Samoa, and the Commonwealth of the North- ment Act of 1974 (42 U.S.C. 5301 et seq.) re- lated to disaster relief, long-term recovery, For an additional amount for ‘‘Medical Fa- ern Mariana Islands for fiscal year 2018 and restoration of infrastructure and housing, cilities’’, $75,108,000, to remain available fiscal year 2019: Provided further, That not- economic revitalization, and mitigation in until September 30, 2022, for necessary ex- withstanding subsection (e) of section 120 of the most impacted and distressed areas re- penses related to the consequences of Hurri- title 23, United States Code, for this fiscal sulting from a major declared disaster that canes Harvey, Irma, and Maria: Provided, year and hereafter, the Federal share for occurred in 2017 (except as otherwise pro- That none of these funds shall be available Emergency Relief funds made available vided under this heading) pursuant to the for obligation until the Secretary of Vet- under section 125 of such title to respond to Robert T. Stafford Disaster Relief and Emer- erans Affairs submits to the Committees on damage caused by Hurricanes Irma and gency Assistance Act (42 U.S.C. 5121 et seq.): Appropriations of the House of Representa- Maria, shall be 100 percent for Puerto Rico: Provided further, That such amount is des- Provided, That funds shall be awarded di- tives and the Senate a detailed expenditure rectly to the State, unit of general local gov- plan for funds provided under this heading: ignated by the Congress as being for an emergency requirement pursuant to section ernment, or Indian tribe (as such term is de- Provided further, That such amount is des- fined in section 102 of the Housing and Com- ignated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. munity Development Act of 1974) at the dis- emergency requirement pursuant to section cretion of the Secretary: Provided further, FEDERAL TRANSIT ADMINISTRATION 251(b)(2)(A)(i) of the Balanced Budget and That of the amounts made available under Emergency Deficit Control Act of 1985. PUBLIC TRANSPORTATION EMERGENCY RELIEF this heading, up to $16,000,000,000 shall be al- DEPARTMENTAL ADMINISTRATION PROGRAM located to meet unmet needs for grantees CONSTRUCTION, MINOR PROJECTS For an additional amount for the ‘‘Public that have received or will receive allocations For an additional amount for ‘‘Construc- Transportation Emergency Relief Program’’ under this heading for major declared disas- tion, Minor Projects’’, $4,088,000, to remain as authorized under section 5324 of title 49, ters that occurred in 2017 or under the same available until September 30, 2022, for nec- United States Code, $330,000,000 to remain heading of Division B of Public Law 115–56, essary expenses related to the consequences available until expended, for transit systems except that, of the amounts made available of Hurricanes Harvey, Irma, and Maria: Pro- affected by Hurricanes Harvey, Irma, and under this proviso, no less than $11,000,000,000 vided, That such amount is designated by the Maria with major disaster declarations in shall be allocated to the States and units of Congress as being for an emergency require- 2017: Provided, That not more than three- local government affected by Hurricane ment pursuant to section 251(b)(2)(A)(i) of quarters of one percent of the funds for pub- Maria, and of such amounts allocated to the Balanced Budget and Emergency Deficit lic transportation emergency relief shall be such grantees affected by Hurricane Maria, $2,000,000,000 shall be used to provide en- Control Act of 1985. available for administrative expenses and ongoing program management oversight as hanced or improved electrical power sys- GENERAL PROVISION—THIS TITLE authorized under sections 5334 and 5338(f)(2) tems: Provided further, That to the extent SEC. 21001. Notwithstanding section of such title and shall be in addition to any amounts under the previous proviso are in- 18236(b) of title 10, United States Code, the other appropriations for such purpose: Pro- sufficient to meet all unmet needs, the allo- Secretary of Defense shall contribute to vided further, That such amount is des- cation amounts related to infrastructure Puerto Rico, 100 percent of the total cost of ignated by the Congress as being for an shall be reduced proportionally based on the construction (including the cost of architec- emergency requirement pursuant to section total infrastructure needs of all grantees: tural, engineering and design services) for 251(b)(2)(A)(i) of the Balanced Budget and Provided further, That of the amounts made the acquisition, construction, expansion, re- Emergency Deficit Control Act of 1985. available under this heading, no less than habilitation, or conversion of the Arroyo $12,000,000,000 shall be allocated for mitiga- MARITIME ADMINISTRATION readiness center under paragraph (5) of sec- tion activities to all grantees of funding pro- tion 18233(a) of title 10, United States Code. OPERATIONS AND TRAINING vided under this heading, section 420 of divi- TITLE XI For an additional amount for ‘‘Operations sion L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 DEPARTMENT OF TRANSPORTATION and Training’’, $10,000,000, to remain avail- able until expended, for necessary expenses, of division C of Public Law 114–223 (as added FEDERAL AVIATION ADMINISTRATION including for dredging, related to damage to by section 101(3) of division A of Public Law OPERATIONS Maritime Administration facilities resulting 114–254), section 421 of division K of Public (AIRPORT AND AIRWAY TRUST FUND) from Hurricane Harvey: Provided, That such Law 115–31, and the same heading in division For an additional amount for ‘‘Oper- amount is designated by the Congress as B of Public Law 115–56, and that such mitiga- ations’’, $35,000,000, to be derived from the being for an emergency requirement pursu- tion activities shall be subject to the same Airport and Airway Trust Fund and to re- ant to section 251(b)(2)(A)(i) of the Balanced terms and conditions under this subdivision, main available until expended, for necessary Budget and Emergency Deficit Control Act as determined by the Secretary: Provided fur- expenses related to the consequences of Hur- of 1985. ther, That all such grantees shall receive an allocation of funds under the preceding pro- ricanes Harvey, Irma, and Maria, and other GENERAL PROVISION—DEPARTMENT OF viso in the same proportion that the amount hurricanes occurring in calendar year 2017: TRANSPORTATION of funds each grantee received or will receive Provided, That such amount is designated by SEC. 21101. Notwithstanding 49 U.S.C. 5302, under the second proviso of this heading or the Congress as being for an emergency re- for fiscal years 2018, 2019, and 2020 the Sec- the headings and sections specified in the quirement pursuant to section 251(b)(2)(A)(i) retary of Transportation shall treat an area previous proviso bears to the amount of all of the Balanced Budget and Emergency Def- as an ‘‘urbanized area’’ for purposes of 49 funds provided to all grantees specified in icit Control Act of 1985. U.S.C. 5307 and 5336(a) until the next decen- the previous proviso: Provided further, That FACILITIES AND EQUIPMENT nial census following the enactment of this of the amounts made available under the sec- (AIRPORT AND AIRWAY TRUST FUND) Act if the area was defined and designated as ond and fourth provisos of this heading, the For an additional amount for ‘‘Facilities an ‘‘urbanized’’ area by the Secretary of Secretary shall allocate to all such grantees and Equipment’’, $79,589,000, to be derived Commerce in the 2000 decennial census and an aggregate amount not less than 33 per- from the Airport and Airway Trust Fund and the population of such area fell below 50,000 cent of each such amounts of funds provided to remain available until expended, for nec- after the 2000 decennial census as a result of under this heading within 60 days after the essary expenses related to the consequences a major disaster: Provided, That an area enactment of this subdivision based on the of Hurricanes Harvey, Irma, and Maria, and treated as an ‘‘urbanized area’’ for purposes best available data (especially with respect other hurricanes occurring in calendar year of this section shall be assigned the popu- to data for all such grantees affected by Hur- 2017: Provided, That such amount is des- lation and square miles of the urbanized area ricanes Harvey, Irma, and Maria), and shall ignated by the Congress as being for an designated by the Secretary of Commerce in allocate no less than 100 percent of the funds emergency requirement pursuant to section the 2000 decennial census: Provided further, provided under this heading by no later than 251(b)(2)(A)(i) of the Balanced Budget and That the term ‘‘major disaster’’ has the December 1, 2018: Provided further, That the Emergency Deficit Control Act of 1985. meaning given such term in section 102(2) of Secretary shall not prohibit the use of funds the Disaster Relief Act of 1974 (42 U.S.C. FEDERAL HIGHWAY ADMINISTRATION made available under this heading and the 5122(2)). same heading in division B of Public Law FEDERAL-AID HIGHWAYS DEPARTMENT OF HOUSING AND URBAN 115–56 for non-federal share as authorized by EMERGENCY RELIEF PROGRAM DEVELOPMENT section 105(a)(9) of the Housing and Commu- For an additional amount for the ‘‘Emer- COMMUNITY PLANNING AND DEVELOPMENT nity Development Act of 1974 (42 U.S.C. gency Relief Program’’ as authorized under 5305(a)(9)): Provided further, That of the COMMUNITY DEVELOPMENT FUND section 125 of title 23, United States Code, amounts made available under this heading, $1,374,000,000, to remain available until ex- (INCLUDING TRANSFERS OF FUNDS) grantees may establish grant programs to pended: Provided, That notwithstanding sec- For an additional amount for ‘‘Community assist small businesses for working capital tion 125(d)(4) of title 23, United States Code, Development Fund’’, $28,000,000,000, to re- purposes to aid in recovery: Provided further, no limitation on the total obligations for main available until expended, for necessary That as a condition of making any grant, the

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S735 Secretary shall certify in advance that such (42 U.S.C. 5121 et seq.) may adopt, without re- available, after the other funds under such grantee has in place proficient financial con- view or public comment, any environmental heading have been allocated for necessary trols and procurement processes and has es- review, approval, or permit performed by a expenses for activities authorized under such tablished adequate procedures to prevent Federal agency, and such adoption shall sat- heading, shall be used for additional mitiga- any duplication of benefits as defined by sec- isfy the responsibilities of the recipient with tion activities in the most impacted and dis- tion 312 of the Robert T. Stafford Disaster respect to such environmental review, ap- tressed areas resulting from a major de- Relief and Emergency Assistance Act (42 proval or permit: Provided further, That, not- clared disaster that occurred in 2014, 2015, U.S.C. 5155), to ensure timely expenditure of withstanding section 104(g)(2) of the Housing 2016 or 2017: Provided, That such remaining funds, to maintain comprehensive websites and Community Development Act of 1974 (42 funds shall be awarded to grantees of funding regarding all disaster recovery activities as- U.S.C. 5304(g)(2)), the Secretary may, upon provided for disaster relief under the heading sisted with these funds, and to detect and receipt of a request for release of funds and ‘‘Community Development Fund’’ in this prevent waste, fraud, and abuse of funds: Pro- certification, immediately approve the re- subdivision, section 420 of division L of Pub- vided further, That with respect to any such lease of funds for an activity or project as- lic Law 114–113, section 145 of division C of duplication of benefits, the Secretary and sisted under this heading if the recipient has Public Law 114–223, section 192 of division C any grantee under this section shall not take adopted an environmental review, approval of Public Law 114–223 (as added by section into consideration or reduce the amount pro- or permit under the preceding proviso or the 101(3) of division A of Public Law 114–254), vided to any applicant for assistance from activity or project is categorically excluded section 421 of division K of Public Law 115–31, the grantee where such applicant applied for from review under the National Environ- and the same heading in division B of Public and was approved, but declined assistance re- mental Policy Act of 1969 (42 U.S.C. 4321 et Law 115–56 subject to the same terms and lated to such major declared disasters that seq.): Provided further, That the Secretary conditions under this subdivision and such occurred in 2014, 2015, 2016, and 2017 from the shall publish via notice in the Federal Reg- Acts respectively: Provided further, That each Small Business Administration under sec- ister any waiver, or alternative requirement, such grantee shall receive an allocation from tion 7(b) of the Small Business Act (15 U.S.C. to any statute or regulation that the Sec- such remaining funds in the same proportion 636(b)): Provided further, That the Secretary retary administers pursuant to title I of the that the amount of funds such grantee re- shall require grantees to maintain on a pub- Housing and Community Development Act of ceived under this subdivision and under the lic website information containing common 1974 no later than 5 days before the effective Acts specified in the previous proviso bears reporting criteria established by the Depart- date of such waiver or alternative require- to the amount of all funds provided to all ment that permits individuals and entities ment: Provided further, That the eighth pro- grantees specified in the previous proviso. awaiting assistance and the general public to viso under this heading in the Supplemental SEC. 21103. For 2018, the Secretary of Hous- see how all grant funds are used, including Appropriations for Disaster Relief Require- ing and Urban Development may make tem- copies of all relevant procurement docu- ments Act, 2017 (division B of Public Law porary adjustments to the section 8 housing ments, grantee administrative contracts and 115–56) is amended by inserting ‘‘408(c)(4),’’ choice voucher annual renewal funding allo- details of ongoing procurement processes, as after ‘‘407,’’: Provided further, That of the cations and administrative fee eligibility de- determined by the Secretary: Provided fur- amounts made available under this heading, terminations for public housing agencies lo- ther, That prior to the obligation of funds a up to $15,000,000 shall be made available for cated in the most impacted and distressed grantee shall submit a plan to the Secretary capacity building and technical assistance, areas in which a major Presidentially de- for approval detailing the proposed use of all including assistance on contracting and pro- clared disaster occurred during 2017 under funds, including criteria for eligibility and curement processes, to support States, units title IV of the Robert T. Stafford Disaster how the use of these funds will address long- of general local government, or Indian tribes Relief and Emergency Assistance Act (42 term recovery and restoration of infrastruc- (and their subrecipients) that receive alloca- U.S.C. 5170 et seq.), to avoid significant ad- ture and housing, economic revitalization, tions pursuant to this heading, received dis- verse funding impacts that would otherwise and mitigation in the most impacted and dis- aster recovery allocations under the same result from the disaster, or to facilitate leas- tressed areas: Provided further, That such heading in Public Law 115–56, or may receive ing up to a public housing agency’s author- funds may not be used for activities reim- similar allocations for disaster recovery in ized level of units under contract (but not to bursable by, or for which funds are made future appropriations Acts: Provided further, exceed such level), upon request by and in available by, the Federal Emergency Man- That of the amounts made available under consultation with a public housing agency agement Agency or the Army Corps of Engi- this heading, up to $10,000,000 shall be trans- and supported by documentation as required neers: Provided further, That funds allocated ferred, in aggregate, to ‘‘Department of by the Secretary that demonstrates the need under this heading shall not be considered for the adjustment. relevant to the non-disaster formula alloca- Housing and Urban Development—Program tions made pursuant to section 106 of the Office Salaries and Expenses—Community TITLE XII Housing and Community Development Act of Planning and Development’’ for necessary GENERAL PROVISIONS—THIS 1974 (42 U.S.C. 5306): Provided further, That a costs, including information technology SUBDIVISION costs, of administering and overseeing the State, unit of general local government, or SEC. 21201. Each amount appropriated or obligation and expenditure of amounts under Indian tribe may use up to 5 percent of its al- made available by this subdivision is in addi- this heading: Provided further, That the location for administrative costs: Provided tion to amounts otherwise appropriated for amount specified in the preceding proviso further, That the sixth proviso under this the fiscal year involved. shall be combined with funds appropriated heading in the Supplemental Appropriations SEC. 21202. No part of any appropriation under the same heading and for the same for Disaster Relief Requirements Act, 2017 contained in this subdivision shall remain purpose in Public Law 115–56 and the aggre- (division B of Public Law 115–56) is amended available for obligation beyond the current gate of such amounts shall be available for by striking ‘‘State or subdivision thereof’’ fiscal year unless expressly so provided here- any of the purposes specified under this and inserting ‘‘State, unit of general local in. heading or the same heading in Public Law government, or Indian tribe (as such term is SEC. 21203. Unless otherwise provided for by 115–56 without limitation: Provided further, defined in section 102 of the Housing and this subdivision, the additional amounts ap- That, of the funds made available under this Community Development Act of 1974 (42 propriated by this subdivision to appropria- heading, $10,000,000 shall be transferred to U.S.C. 5302))’’: Provided further, That in ad- tions accounts shall be available under the the Office of the Inspector General for nec- ministering the funds under this heading, authorities and conditions applicable to such essary costs of overseeing and auditing funds the Secretary of Housing and Urban Develop- appropriations accounts for fiscal year 2018. made available under this heading: Provided ment may waive, or specify alternative re- SEC. 21204. Each amount designated in this quirements for, any provision of any statute further, That such amount is designated by subdivision by the Congress as being for an or regulation that the Secretary administers the Congress as being for an emergency re- emergency requirement pursuant to section in connection with the obligation by the Sec- quirement pursuant to section 251(b)(2)(A)(i) 251(b)(2)(A)(i) of the Balanced Budget and retary or the use by the recipient of these of the Balanced Budget and Emergency Def- Emergency Deficit Control Act of 1985 shall funds (except for requirements related to fair icit Control Act of 1985: Provided further, be available (or rescinded or transferred, if housing, nondiscrimination, labor standards, That amounts repurposed pursuant to this applicable) only if the President subse- and the environment), if the Secretary finds section that were previously designated by quently so designates all such amounts and that good cause exists for the waiver or al- the Congress as an emergency requirement transmits such designations to the Congress. ternative requirement and such waiver or al- pursuant to the Balanced Budget and Emer- SEC. 21205. For purposes of this subdivision, ternative requirement would not be incon- gency Deficit Control Act are designated by the consequences or impacts of any hurri- sistent with the overall purpose of title I of the Congress as an emergency requirement cane shall include damages caused by the the Housing and Community Development pursuant to section 251(b)(2)(A)(i) of the Bal- storm at any time during the entirety of its Act of 1974: Provided further, That, notwith- anced Budget and Emergency Deficit Control duration as a cyclone, as defined by the Na- standing the preceding proviso, recipients of Act of 1985. tional Hurricane Center. funds provided under this heading that use GENERAL PROVISIONS—DEPARTMENT OF SEC. 21206. Any amount appropriated by such funds to supplement Federal assistance HOUSING AND URBAN DEVELOPMENT this subdivision, designated by the Congress provided under section 402, 403, 404, 406, 407, SEC. 21102. Any funds made available under as an emergency requirement pursuant to 408(c)(4), or 502 of the Robert T. Stafford Dis- the heading ‘‘Community Development section 251(b)(2)(A)(i) of the Balanced Budget aster Relief and Emergency Assistance Act Fund’’ under this subdivision that remain and Emergency Deficit Control Act of 1985

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S736 CONGRESSIONAL RECORD — SENATE February 7, 2018 and subsequently so designated by the Presi- (G) environmental issues, including solid tions for Disaster Relief Requirements Act, dent, and transferred pursuant to transfer waste facilities; and 2018’’. authorities provided by this subdivision shall (H) other infrastructure systems, including SUBDIVISION 2—TAX RELIEF AND MED- retain such designation. repair, restoration, replacement, and im- ICAID CHANGES RELATING TO CERTAIN SEC. 21207. The terms and conditions appli- provement of public infrastructure such DISASTERS cable to the funds provided in this subdivi- water and wastewater treatment facilities, sion, including those provided by this title, communications networks, and transpor- TITLE I—CALIFORNIA FIRES shall also apply to the funds made available tation infrastructure; SEC. 20101. DEFINITIONS. in division B of Public Law 115–56 and in di- (2) is consistent with— For purposes of this title— vision A of Public Law 115–72. (A) the Commonwealth’s fiscal capacity to (1) CALIFORNIA WILDFIRE DISASTER ZONE.— SEC. 21208. (a) Section 305 of division A of provide long-term operation and mainte- The term ‘‘California wildfire disaster zone’’ the Additional Supplemental Appropriations nance of rebuilt or replaced assets; means that portion of the California wildfire for Disaster Relief Requirements Act, 2017 (B) alternative procedures and associated disaster area determined by the President to (Public Law 115–72) is amended— programmatic guidance adopted by the Ad- warrant individual or individual and public (1) in subsection (a)— ministrator of the Federal Emergency Man- assistance from the Federal Government (A) by striking ‘‘(1) Not later than Decem- agement Agency pursuant to section 428 of under the Robert T. Stafford Disaster Relief ber 31, 2017,’’ and inserting ‘‘Not later than the Robert T. Stafford Disaster Relief and and Emergency Assistance Act by reason of March 31, 2018,’’; and Emergency Assistance Act (42 U.S.C. 5189f); wildfires in California. (B) by striking paragraph (2); and and (2) CALIFORNIA WILDFIRE DISASTER AREA.— (2) in subsection (b), by striking ‘‘receiving (C) actions as may be necessary to miti- The term ‘‘California wildfire disaster area’’ funds under this division’’ and inserting ‘‘ex- gate vulnerabilities to future extreme means an area with respect to which between pending more than $10,000,000 of funds pro- weather events and natural disasters and in- January 1, 2017 through January 18, 2018 a vided by this division and division B of Pub- crease community resilience, including en- major disaster has been declared by the lic Law 115–56 in any one fiscal year’’. couraging the adoption and enforcement of President under section 401 of such Act by (b) Section 305 of division A of the Addi- the latest published editions of relevant con- tional Supplemental Appropriations for Dis- reason of wildfires in California. sensus-based codes, specifications, and aster Relief Requirements Act, 2017 (Public SEC. 20102. SPECIAL DISASTER-RELATED RULES standards that incorporate the latest hazard- Law 115–72), as amended by this section, FOR USE OF RETIREMENT FUNDS. resistant designs and establish minimum ac- shall apply to funds appropriated by this di- (a) TAX-FAVORED WITHDRAWALS FROM RE- ceptable criteria for the design, construc- vision as if they had been appropriated by TIREMENT PLANS.— tion, and maintenance of residential struc- that division. (1) IN GENERAL.—Section 72(t) of the Inter- tures and facilities for the purpose of pro- (c) In order to proactively prepare for over- nal Revenue Code of 1986 shall not apply to tecting the health, safety, and general wel- sight of future disaster relief funding, not any qualified wildfire distribution. fare of the buildings’ users against disasters; later than one year after the date of enact- (2) AGGREGATE DOLLAR LIMITATION.— (3) promotes transparency and account- ment of this Act, the Director of the Office (A) IN GENERAL.—For purposes of this sub- ability through appropriate public notifica- of Management and Budget shall issue stand- section, the aggregate amount of distribu- tion, outreach, and hearings; ard guidance for Federal agencies to use in tions received by an individual which may be (4) identifies performance metrics for as- designing internal control plans for disaster treated as qualified wildfire distributions for sessing and reporting on the progress toward relief funding. This guidance shall leverage any taxable year shall not exceed the excess achieving the Commonwealth’s recovery existing internal control review processes (if any) of— goals, as identified under paragraph (1); and shall include, at a minimum, the fol- (i) $100,000, over (5) is developed in coordination with the lowing elements: (ii) the aggregate amounts treated as Oversight Board established under (1) Robust criteria for identifying and doc- qualified wildfire distributions received by PROMESA; and umenting incremental risks and mitigating such individual for all prior taxable years. (6) is certified by that Oversight Board to controls related to the funding. (B) TREATMENT OF PLAN DISTRIBUTIONS.—If be consistent with the purpose set forth in (2) Guidance for documenting the linkage a distribution to an individual would (with- section 101(a) of PROMESA (48 U.S.C. between the incremental risks related to dis- out regard to subparagraph (A)) be a quali- 2121(a)). aster funding and efforts to address known fied wildfire distribution, a plan shall not be (b) At the end of every 30-day period before internal control risks. treated as violating any requirement of the the submission of the report described in SEC. 21209. Any agency or department pro- Internal Revenue Code of 1986 merely be- subsection (a), the Governor of the Common- vided funding in excess of $3,000,000,000 by cause the plan treats such distribution as a wealth of Puerto Rico, in coordination with this subdivision, including the Federal qualified wildfire distribution, unless the ag- the Administrator of the Federal Emergency Emergency Management Agency, the De- gregate amount of such distributions from Management Agency, shall provide to Con- partment of Housing and Urban Develop- all plans maintained by the employer (and gress interim status updates on progress de- ment, and the Corps of Engineers, is directed any member of any controlled group which veloping such report. includes the employer) to such individual ex- to provide a report to the Committees on Ap- (c) At the end of every 180-day period after ceeds $100,000. propriations of the House of Representatives the submission of the report described in (C) CONTROLLED GROUP.—For purposes of and the Senate regarding its efforts to pro- subsection (a), the Governor of the Common- subparagraph (B), the term ‘‘controlled vide adequate resources and technical assist- wealth of Puerto Rico, in coordination with group’’ means any group treated as a single ance for small, low-income communities af- the Administrator of the Federal Emergency employer under subsection (b), (c), (m), or (o) fected by natural disasters. Management Agency, shall make public a re- SEC. 21210. (a) Not later than 180 days after of section 414 of the Internal Revenue Code port on progress achieving the goals set the date of enactment of this subdivision and of 1986. forth in such report. in coordination with the Administrator of (d) During the development, and after the (3) AMOUNT DISTRIBUTED MAY BE REPAID.— the Federal Emergency Management Agen- submission, of the report required in sub- (A) IN GENERAL.—Any individual who re- cy, with support and contributions from the section (a), the Oversight Board may provide ceives a qualified wildfire distribution may, Secretary of the Treasury, the Secretary of to Congress reports on the status of coordi- at any time during the 3-year period begin- Energy, and other Federal agencies having nation with the Governor of Puerto Rico. ning on the day after the date on which such responsibilities defined under the National (e) Amounts made available by this sub- distribution was received, make one or more Disaster Recovery Framework, the Governor division to a covered territory for response contributions in an aggregate amount not to of the Commonwealth of Puerto Rico shall to or recovery from Hurricane Irma or Hurri- exceed the amount of such distribution to an submit to Congress a report describing the cane Maria in an aggregate amount greater eligible retirement plan of which such indi- Commonwealth’s 12- and 24-month economic than $10,000,000 may be reviewed by the Over- vidual is a beneficiary and to which a roll- and disaster recovery plan that— sight Board under the Oversight Board’s au- over contribution of such distribution could (1) defines the priorities, goals, and ex- thority under 204(b)(2) of PROMESA (48 be made under section 402(c), 403(a)(4), pected outcomes of the recovery effort for U.S.C. 2144(b)(2)). 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- the Commonwealth, based on damage assess- (f) When developing a Fiscal Plan while the nal Revenue Code of 1986, as the case may be. ments prepared pursuant to Federal law, if recovery plan required under subsection (a) (B) TREATMENT OF REPAYMENTS OF DIS- applicable, including— is in development and in effect, the Over- TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS (A) housing; sight Board shall use and incorporate, to the OTHER THAN IRAS.—For purposes of the Inter- (B) economic issues, including workforce greatest extent feasible, damage assessments nal Revenue Code of 1986, if a contribution is development and industry expansion and cul- prepared pursuant to Federal law. made pursuant to subparagraph (A) with re- tivation; (g) For purposes of this section, the terms spect to a qualified wildfire distribution (C) health and social services; ‘‘covered territory’’ and ‘‘Oversight Board’’ from an eligible retirement plan other than (D) natural and cultural resources; have the meaning given those term in sec- an individual retirement plan, then the tax- (E) governance and civic institutions; tion 5 of PROMESA (48 U.S.C. 2104). payer shall, to the extent of the amount of (F) electric power systems and grid res- This subdivision may be cited as the ‘‘Fur- the contribution, be treated as having re- toration; ther Additional Supplemental Appropria- ceived the qualified wildfire distribution in

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S737 an eligible rollover distribution (as defined (C) of subsection (a)(3) shall apply for pur- In the case of a governmental plan (as de- in section 402(c)(4) of such Code) and as hav- poses of this subsection. fined in section 414(d) of the Internal Rev- ing transferred the amount to the eligible re- (2) QUALIFIED DISTRIBUTION.—For purposes enue Code of 1986), clause (ii) shall be applied tirement plan in a direct trustee to trustee of this subsection, the term ‘‘qualified dis- by substituting the date which is 2 years transfer within 60 days of the distribution. tribution’’ means any distribution— after the date otherwise applied under clause (C) TREATMENT OF REPAYMENTS FOR DIS- (A) described in section 401(k)(2)(B)(i)(IV), (ii). TRIBUTIONS FROM IRAS.—For purposes of the 403(b)(7)(A)(ii) (but only to the extent such (B) CONDITIONS.—This subsection shall not Internal Revenue Code of 1986, if a contribu- distribution relates to financial hardship), apply to any amendment unless— tion is made pursuant to subparagraph (A) 403(b)(11)(B), or 72(t)(2)(F), of the Internal (i) during the period— with respect to a qualified wildfire distribu- Revenue Code of 1986, (I) beginning on the date that this section tion from an individual retirement plan (as (B) received after March 31, 2017, and before or the regulation described in subparagraph defined by section 7701(a)(37) of such Code), January 15, 2018, and (A)(i) takes effect (or in the case of a plan or then, to the extent of the amount of the con- (C) which was to be used to purchase or contract amendment not required by this tribution, the qualified wildfire distribution construct a principal residence in the Cali- section or such regulation, the effective date shall be treated as a distribution described in fornia wildfire disaster area but which was specified by the plan), and section 408(d)(3) of such Code and as having not so purchased or constructed on account (II) ending on the date described in sub- been transferred to the eligible retirement of the wildfires to which the declaration of paragraph (A)(ii) (or, if earlier, the date the plan in a direct trustee to trustee transfer such area relates. plan or contract amendment is adopted), within 60 days of the distribution. (c) LOANS FROM QUALIFIED PLANS.— the plan or contract is operated as if such (4) DEFINITIONS.—For purposes of this sub- (1) INCREASE IN LIMIT ON LOANS NOT TREAT- plan or contract amendment were in effect, section— ED AS DISTRIBUTIONS.—In the case of any loan and (A) QUALIFIED WILDFIRE DISTRIBUTION.—Ex- from a qualified employer plan (as defined (ii) such plan or contract amendment ap- cept as provided in paragraph (2), the term under section 72(p)(4) of the Internal Rev- plies retroactively for such period. enue Code of 1986) to a qualified individual ‘‘qualified wildfire distribution’’ means any SEC. 20103. EMPLOYEE RETENTION CREDIT FOR distribution from an eligible retirement plan made during the period beginning on the date of the enactment of this Act and ending EMPLOYERS AFFECTED BY CALI- made on or after October 8, 2017, and before FORNIA WILDFIRES. on December 31, 2018— January 1, 2019, to an individual whose prin- (a) IN GENERAL.—For purposes of section 38 cipal place of abode during any portion of (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting of the Internal Revenue Code of 1986, in the the period from October 8, 2017, to December ‘‘$100,000’’ for ‘‘$50,000’’, and case of an eligible employer, the California 31, 2017, is located in the California wildfire (B) clause (ii) of such section shall be ap- wildfire employee retention credit shall be disaster area and who has sustained an eco- plied by substituting ‘‘the present value of treated as a credit listed in subsection (b) of nomic loss by reason of the wildfires to the nonforfeitable accrued benefit of the em- such section. For purposes of this subsection, which the declaration of such area relates. ployee under the plan’’ for ‘‘one-half of the the California wildfire employee retention (B) ELIGIBLE RETIREMENT PLAN.—The term present value of the nonforfeitable accrued credit for any taxable year is an amount ‘‘eligible retirement plan’’ shall have the benefit of the employee under the plan’’. equal to 40 percent of the qualified wages meaning given such term by section (2) DELAY OF REPAYMENT.—In the case of a with respect to each eligible employee of 402(c)(8)(B) of the Internal Revenue Code of qualified individual with an outstanding loan such employer for such taxable year. For 1986. on or after October 8, 2017, from a qualified purposes of the preceding sentence, the (5) INCOME INCLUSION SPREAD OVER 3-YEAR employer plan (as defined in section 72(p)(4) amount of qualified wages which may be PERIOD.— of the Internal Revenue Code of 1986)— taken into account with respect to any indi- (A) IN GENERAL.—In the case of any quali- (A) if the due date pursuant to subpara- vidual shall not exceed $6,000. fied wildfire distribution, unless the tax- graph (B) or (C) of section 72(p)(2) of such (b) DEFINITIONS.—For purposes of this sec- payer elects not to have this paragraph Code for any repayment with respect to such tion— apply for any taxable year, any amount re- loan occurs during the period beginning on (1) ELIGIBLE EMPLOYER.—The term ‘‘eligi- quired to be included in gross income for October 8, 2017, and ending on December 31, ble employer’’ means any employer— such taxable year shall be so included rat- 2018, such due date shall be delayed for 1 (A) which conducted an active trade or ably over the 3-taxable-year period begin- year, business on October 8, 2017, in the California ning with such taxable year. (B) any subsequent repayments with re- wildfire disaster zone, and (B) SPECIAL RULE.—For purposes of sub- spect to any such loan shall be appropriately (B) with respect to whom the trade or busi- paragraph (A), rules similar to the rules of adjusted to reflect the delay in the due date ness described in subparagraph (A) is inoper- subparagraph (E) of section 408A(d)(3) of the under paragraph (1) and any interest accru- able on any day after October 8, 2017, and be- Internal Revenue Code of 1986 shall apply. ing during such delay, and fore January 1, 2018, as a result of damage (6) SPECIAL RULES.— (C) in determining the 5-year period and sustained by reason of the wildfires to which (A) EXEMPTION OF DISTRIBUTIONS FROM the term of a loan under subparagraph (B) or such declaration of such area relates. TRUSTEE TO TRUSTEE TRANSFER AND WITH- (C) of section 72(p)(2) of such Code, the period (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligi- HOLDING RULES.—For purposes of sections described in subparagraph (A) shall be dis- ble employee’’ means with respect to an eli- 401(a)(31), 402(f), and 3405 of the Internal Rev- regarded. gible employer an employee whose principal enue Code of 1986, qualified wildfire distribu- (3) QUALIFIED INDIVIDUAL.—For purposes of place of employment on October 8, 2017, with tions shall not be treated as eligible rollover this subsection, the term ‘‘qualified indi- such eligible employer was in the California distributions. vidual’’ means any individual whose prin- wildfire disaster zone. (B) QUALIFIED WILDFIRE DISTRIBUTIONS cipal place of abode during any portion of (3) QUALIFIED WAGES.—The term ‘‘qualified TREATED AS MEETING PLAN DISTRIBUTION RE- the period from October 8, 2017, to December wages’’ means wages (as defined in section QUIREMENTS.—For purposes the Internal Rev- 31, 2017, is located in the California wildfire 51(c)(1) of the Internal Revenue Code of 1986, enue Code of 1986, a qualified wildfire dis- disaster area and who has sustained an eco- but without regard to section 3306(b)(2)(B) of tribution shall be treated as meeting the re- nomic loss by reason of wildfires to which such Code) paid or incurred by an eligible quirements of sections 401(k)(2)(B)(i), the declaration of such area relates. employer with respect to an eligible em- 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of (d) PROVISIONS RELATING TO PLAN AMEND- ployee on any day after October 8, 2017, and such Code. MENTS.— before January 1, 2018, which occurs during (b) RECONTRIBUTIONS OF WITHDRAWALS FOR (1) IN GENERAL.—If this subsection applies the period— HOME PURCHASES.— to any amendment to any plan or annuity (A) beginning on the date on which the (1) RECONTRIBUTIONS.— contract, such plan or contract shall be trade or business described in paragraph (1) (A) IN GENERAL.—Any individual who re- treated as being operated in accordance with first became inoperable at the principal ceived a qualified distribution may, during the terms of the plan during the period de- place of employment of the employee imme- the period beginning on October 8, 2017, and scribed in paragraph (2)(B)(i). diately before the wildfires to which the dec- ending on June 30, 2018, make one or more (2) AMENDMENTS TO WHICH SUBSECTION AP- laration of the California wildfire disaster contributions in an aggregate amount not to PLIES.— area relates, and exceed the amount of such qualified distribu- (A) IN GENERAL.—This subsection shall (B) ending on the date on which such trade tion to an eligible retirement plan (as de- apply to any amendment to any plan or an- or business has resumed significant oper- fined in section 402(c)(8)(B) of the Internal nuity contract which is made— ations at such principal place of employ- Revenue Code of 1986) of which such indi- (i) pursuant to any provision of this sec- ment. vidual is a beneficiary and to which a roll- tion, or pursuant to any regulation issued by Such term shall include wages paid without over contribution of such distribution could the Secretary or the Secretary of Labor regard to whether the employee performs no be made under section 402(c), 403(a)(4), under any provision of this section, and services, performs services at a different 403(b)(8), or 408(d)(3), of such Code, as the (ii) on or before the last day of the first place of employment than such principal case may be. plan year beginning on or after January 1, place of employment, or performs services at (B) TREATMENT OF REPAYMENTS.—Rules 2019, or such later date as the Secretary may such principal place of employment before similar to the rules of subparagraphs (B) and prescribe. significant operations have resumed.

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(c) CERTAIN RULES TO APPLY.—For pur- (iii) the taxpayer has elected the applica- (B) in the California wildfire disaster area poses of this section, rules similar to the tion of this subsection with respect to such (but outside the California wildfire disaster rules of sections 51(i)(1), 52, and 280C(a) of the contribution. zone) and such individual was displaced from Internal Revenue Code of 1986, shall apply. (B) EXCEPTION.—Such term shall not in- such principal place of abode by reason of clude a contribution by a donor if the con- the wildfires to which the declaration of (d) EMPLOYEE NOT TAKEN INTO ACCOUNT tribution is— such area relates. MORE THAN ONCE.—An employee shall not be (i) to an organization described in section treated as an eligible employee for purposes (3) EARNED INCOME.—For purposes of this 509(a)(3) of the Internal Revenue Code of 1986, of this section for any period with respect to subsection, the term ‘‘earned income’’ has or any employer if such employer is allowed a the meaning given such term under section (ii) for the establishment of a new, or credit under section 51 of the Internal Rev- 32(c) of the Internal Revenue Code of 1986. maintenance of an existing, donor advised enue Code of 1986 with respect to such em- (4) SPECIAL RULES.— fund (as defined in section 4966(d)(2) of such ployee for such period. (A) APPLICATION TO JOINT RETURNS.—For Code). purposes of paragraph (1), in the case of a SEC. 20104. ADDITIONAL DISASTER-RELATED TAX (C) APPLICATION OF ELECTION TO PARTNER- joint return for a taxable year which in- RELIEF PROVISIONS. SHIPS AND S CORPORATIONS.—In the case of a cludes any portion of the period from Octo- partnership or S corporation, the election (a) TEMPORARY SUSPENSION OF LIMITATIONS ber 8, 2017, to December 31, 2017— under subparagraph (A)(iii) shall be made ON CHARITABLE CONTRIBUTIONS.— (i) such paragraph shall apply if either separately by each partner or shareholder. (1) IN GENERAL.—Except as otherwise pro- spouse is a qualified individual, and (b) SPECIAL RULES FOR QUALIFIED DIS- vided in paragraph (2), subsection (b) of sec- (ii) the earned income of the taxpayer for ASTER-RELATED PERSONAL CASUALTY tion 170 of the Internal Revenue Code of 1986 the preceding taxable year shall be the sum LOSSES.— shall not apply to qualified contributions of the earned income of each spouse for such (1) IN GENERAL.—If an individual has a net preceding taxable year. and such contributions shall not be taken disaster loss for any taxable year— into account for purposes of applying sub- (B) UNIFORM APPLICATION OF ELECTION.— (A) the amount determined under section Any election made under paragraph (1) shall sections (b) and (d) of such section to other 165(h)(2)(A)(ii) of the Internal Revenue Code contributions. apply with respect to both sections 24(d) and of 1986 shall be equal to the sum of— 32, of the Internal Revenue Code of 1986. (2) TREATMENT OF EXCESS CONTRIBUTIONS.— (i) such net disaster loss, and (C) ERRORS TREATED AS MATHEMATICAL For purposes of section 170 of the Internal (ii) so much of the excess referred to in the ERROR.—For purposes of section 6213 of the Revenue Code of 1986— matter preceding clause (i) of section Internal Revenue Code of 1986, an incorrect (A) INDIVIDUALS.—In the case of an indi- 165(h)(2)(A) of such Code (reduced by the use on a return of earned income pursuant to vidual— amount in clause (i) of this subparagraph) as paragraph (1) shall be treated as a mathe- (i) LIMITATION.—Any qualified contribution exceeds 10 percent of the adjusted gross in- matical or clerical error. shall be allowed only to the extent that the come of the individual, (D) NO EFFECT ON DETERMINATION OF GROSS aggregate of such contributions does not ex- (B) section 165(h)(1) of such Code shall be INCOME, ETC.—Except as otherwise provided ceed the excess of the taxpayer’s contribu- applied by substituting ‘‘$500’’ for ‘‘$500 ($100 in this subsection, the Internal Revenue tion base (as defined in subparagraph (H) of for taxable years beginning after December Code of 1986 shall be applied without regard section 170(b)(1) of such Code) over the 31, 2009)’’, amount of all other charitable contributions (C) the standard deduction determined to any substitution under paragraph (1). allowed under section 170(b)(1) of such Code. under section 63(c) of such Code shall be in- TITLE II—TAX RELIEF FOR HURRICANES (ii) CARRYOVER.—If the aggregate amount creased by the net disaster loss, and HARVEY, IRMA, AND MARIA of qualified contributions made in the con- (D) section 56(b)(1)(E) of such Code shall SEC. 20201. TAX RELIEF FOR HURRICANES HAR- tribution year (within the meaning of sec- not apply to so much of the standard deduc- VEY, IRMA, AND MARIA. tion 170(d)(1) of such Code) exceeds the limi- tion as is attributable to the increase under (a) MODIFICATION OF HURRICANES HARVEY tation of clause (i), such excess shall be subparagraph (C) of this paragraph. AND IRMA DISASTER AREAS.—Subsections added to the excess described in the portion (2) NET DISASTER LOSS.—For purposes of (a)(2) and (b)(2) of section 501 of the Disaster of subparagraph (A) of such section which this subsection, the term ‘‘net disaster loss’’ Tax Relief and Airport and Airway Exten- precedes clause (i) thereof for purposes of ap- means the excess of qualified disaster-re- sion Act of 2017 (Public Law 115–63; 131 Stat. plying such section. lated personal casualty losses over personal 1173) are both amended by striking ‘‘Sep- (B) CORPORATIONS.—In the case of a cor- casualty gains (as defined in section tember 21, 2017’’ and inserting ‘‘October 17, poration— 165(h)(3)(A) of the Internal Revenue Code of 2017’’. (i) LIMITATION.—Any qualified contribution 1986). (b) EMPLOYEE RETENTION CREDIT.—Sub- shall be allowed only to the extent that the (3) QUALIFIED DISASTER-RELATED PERSONAL sections (a)(3), (b)(3), and (c)(3) of section 503 aggregate of such contributions does not ex- CASUALTY LOSSES.—For purposes of this sub- of the Disaster Tax Relief and Airport and ceed the excess of the taxpayer’s taxable in- section, the term ‘‘qualified disaster-related Airway Extension Act of 2017 (Public Law come (as determined under paragraph (2) of personal casualty losses’’ means losses de- 115–63; 131 Stat. 1181) are each amended by section 170(b) of such Code) over the amount scribed in section 165(c)(3) of the Internal striking ‘‘sections 51(i)(1) and 52’’ and insert- of all other charitable contributions allowed Revenue Code of 1986 which arise in the Cali- ing ‘‘sections 51(i)(1), 52, and 280C(a)’’. under such paragraph. fornia wildfire disaster area on or after Octo- (c) EFFECTIVE DATE.—The amendments (ii) CARRYOVER.—Rules similar to the rules ber 8, 2017, and which are attributable to the made by this section shall take effect as if of subparagraph (A)(ii) shall apply for pur- wildfires to which the declaration of such included in the provisions of title V of the poses of this subparagraph. area relates. Disaster Tax Relief and Airport and Airway (3) EXCEPTION TO OVERALL LIMITATION ON (c) SPECIAL RULE FOR DETERMINING EARNED Extension Act of 2017 to which such amend- ITEMIZED DEDUCTIONS.—So much of any de- INCOME.— ments relate. duction allowed under section 170 of the In- (1) IN GENERAL.—In the case of a qualified TITLE III—HURRICANE MARIA RELIEF ternal Revenue Code of 1986 as does not ex- individual, if the earned income of the tax- FOR PUERTO RICO AND THE VIRGIN IS- ceed the qualified contributions paid during payer for the taxable year which includes LANDS MEDICAID PROGRAMS the taxable year shall not be treated as an any portion of the period from October 8, SEC. 20301. HURRICANE MARIA RELIEF FOR itemized deduction for purposes of section 68 2017, to December 31, 2017, is less than the PUERTO RICO AND THE VIRGIN IS- of such Code. earned income of the taxpayer for the pre- LANDS MEDICAID PROGRAMS. (4) QUALIFIED CONTRIBUTIONS.— ceding taxable year, the credits allowed (a) INCREASED CAPS.—Section 1108(g)(5) of (A) IN GENERAL.—For purposes of this sub- under sections 24(d) and 32 of the Internal the Social Security Act (42 U.S.C. 1308(g)(5)) section, the term ‘‘qualified contribution’’ Revenue Code of 1986 may, at the election of is amended— means any charitable contribution (as de- the taxpayer, be determined by sub- (1) in subparagraph (A), by striking ‘‘sub- fined in section 170(c) of the Internal Rev- stituting— paragraph (B)’’ and inserting ‘‘subparagraphs enue Code of 1986) if— (A) such earned income for the preceding (B), (C), (D), and (E)’’; and (i) such contribution— taxable year, for (2) by adding at the end the following new (I) is paid during the period beginning on (B) such earned income for the taxable subparagraphs: October 8, 2017, and ending on December 31, year which includes any portion of the pe- ‘‘(C) Subject to subparagraphs (D) and (E), 2018, in cash to an organization described in riod from October 8, 2017, to December 31, for the period beginning January 1, 2018, and section 170(b)(1)(A) of such Code, and 2017. ending September 30, 2019— (II) is made for relief efforts in the Cali- (2) QUALIFIED INDIVIDUAL.—For purposes of ‘‘(i) the amount of the increase otherwise fornia wildfire disaster area, this subsection, the term ‘‘qualified indi- provided under subparagraphs (A) and (B) for (ii) the taxpayer obtains from such organi- vidual’’ means any individual whose prin- Puerto Rico shall be further increased by zation contemporaneous written acknowl- cipal place of abode during any portion of $3,600,000,000; and edgment (within the meaning of section the period from October 8, 2017, to December ‘‘(ii) the amount of the increase otherwise 170(f)(8) of such Code) that such contribution 31, 2017, was located— provided under subparagraph (A) for the Vir- was used (or is to be used) for relief efforts (A) in the California wildfire disaster zone, gin Islands shall be further increased by described in clause (i)(II), and or $106,931,000.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S739 ‘‘(D) For the period described in subpara- SEC. 20402. DESIGNATION IN SENATE. wise would be ineligible to participate in a graph (C), the amount of the increase other- In the Senate, this subdivision is des- program under part A of title IV of the HEA wise provided under subparagraph (A)— ignated as an emergency requirement pursu- on or after the date of enactment of this Act ‘‘(i) for Puerto Rico shall be further in- ant to section 4112(a) of H. Con. Res. 71 (115th due to the application of section 435(a)(2) of creased by $1,200,000,000 if the Secretary cer- Congress), the concurrent resolution on the the HEA. tifies that Puerto Rico has taken reasonable budget for fiscal year 2018. ‘‘SEC. 163. Notwithstanding any other pro- and appropriate steps during such period, in vision of law, funds made available by this Subdivision 3—Further Extension of accordance with a timeline established by Act for military construction, land acquisi- Continuing Appropriations Act, 2018 the Secretary, to— tion, and family housing projects and activi- ‘‘(I) implement methods, satisfactory to SEC. 20101. The Continuing Appropriations ties may be obligated and expended to carry the Secretary, for the collection and report- Act, 2018 (division D of Public Law 115–56) is out planning and design and military con- ing of reliable data to the Transformed Med- further amended by— struction projects authorized by law: Pro- icaid Statistical Information System (T– (1) striking the date specified in section vided, That funds and authority provided by MSIS) (or a successor system); and 106(3) and inserting ‘‘March 23, 2018’’; and this section may be used notwithstanding ‘‘(II) demonstrate progress in establishing (2) inserting after section 155 the following sections 102 and 104: Provided further, That a State medicaid fraud control unit de- new sections: such funds may be used only for projects ‘‘SEC. 156. In addition to amounts provided scribed in section 1903(q); and identified by the Department of the Air by section 101, amounts are provided for ‘De- ‘‘(ii) for the Virgin Islands shall be further Force in its January 29, 2018, letter sent to partment of Commerce—Bureau of the Cen- increased by $35,644,000 if the Secretary cer- the Committees on Appropriations of both sus—Periodic Census and Programs’ at a rate tifies that the Virgin Islands has taken rea- Houses of Congress detailing urgently needed for operations of $182,000,000 for an additional sonable and appropriate steps during such fiscal year 2018 construction requirements. amount for the 2020 Decennial Census Pro- period, in accordance with a timeline estab- ‘‘SEC. 164. (a) Section 116(h)(3)(D) of title lished by the Secretary, to meet the condi- gram; and such amounts may be apportioned 49, United States Code, is amended— tions for certification specified in subclauses up to the rate for operations necessary to ‘‘(1) in clause (i), by striking ‘During the 2- (I) and (II) of clause (i). maintain the schedule and deliver the re- year period beginning on the date of enact- ‘‘(E) Notwithstanding any other provision quired data according to statutory deadlines ment of this section, the’; inserting ‘The’; of title XIX, during the period in which the in the 2020 Decennial Census Program. and inserting the following after the first ‘‘SEC. 157. Notwithstanding section 101, the additional funds provided under subpara- sentence: ‘Any such funds or limitation of matter preceding the first proviso and the graphs (C) and (D) are available for Puerto obligations or portions thereof transferred to first proviso under the heading ‘Power Mar- Rico and the Virgin Islands, respectively, the Bureau may be transferred back to and keting Administrations—Operation and with respect to payments from such addi- merged with the original account.’; and Maintenance, Southeastern Power Adminis- tional funds for amounts expended by Puerto ‘‘(2) in clause (ii) by striking ‘During the 2- tration’ in division D of Public Law 115–31 Rico and the Virgin Islands under such title, year period beginning on the date of enact- shall be applied by substituting ‘$6,379,000’ the Secretary shall increase the Federal ment of this section, the’; inserting ‘The’; for ‘$1,000,000’ each place it appears. medical assistance percentage or other rate and inserting the following after the first ‘‘SEC. 158. As authorized by section 404 of that would otherwise apply to such pay- sentence: ‘Any such funds or limitation of the Bipartisan Budget Act of 2015 (Public ments to 100 percent.’’. obligations or portions thereof transferred to (b) DISREGARD OF CERTAIN EXPENDITURES Law 114–74; 42 U.S.C. 6239 note), the Sec- the Bureau may be transferred back to and FROM SPENDING CAP.—Section 1108(g)(4) of retary of Energy shall draw down and sell merged with the original account.’. the Social Security Act (42 U.S.C. 1308(g)(4)) not to exceed $350,000,000 of crude oil from ‘‘(b) Section 503(l)(4) of the Railroad Revi- is amended— the Strategic Petroleum Reserve in fiscal talization and Regulatory Reform Act of 1976 (1) by inserting ‘‘for a calendar quarter of year 2018: Provided, That the proceeds from (45 U.S.C. 823(l)(4)) is amended— such fiscal year,’’ after ‘‘section 1903(a)(3)’’; such drawdown and sale shall be deposited ‘‘(1) in the heading by striking ‘Safety and and into the ‘Energy Security and Infrastructure operations account’ and inserting ‘National (2) by striking ‘‘of such fiscal year for a Modernization Fund’ (in this section referred Surface Transportation and Innovative Fi- calendar quarter of such fiscal year,’’ and in- to as the ‘Fund’) during fiscal year 2018: Pro- nance Bureau account’; and serting ‘‘of such fiscal year, and with respect vided further, That in addition to amounts ‘‘(2) in subparagraph (A) by striking ‘Safe- to fiscal years beginning with fiscal year otherwise made available by section 101, any ty and Operations account of the Federal 2018, if the Virgin Islands qualifies for a pay- amounts deposited in the Fund shall be made Railroad Administration’ and inserting ‘Na- ment under section 1903(a)(6) for a calendar available and shall remain available until tional Surface Transportation and Innova- quarter (beginning on or after January 1, expended at a rate for operations of tive Finance Bureau account’. 2018) of such fiscal year,’’. $350,000,000, for necessary expenses in car- ‘‘SEC. 165. Section 24(o) of the United (c) REPORT TO CONGRESS.—Not later than rying out the Life Extension II project for States Housing Act of 1937 (42 U.S.C. 1437v) July 1, 2018, the Secretary of Health and the Strategic Petroleum Reserve. shall be applied by substituting the date Human Services shall submit a report to the ‘‘SEC. 159. Amounts made available by sec- specified in section 106(3) for ‘September 30, Committee on Energy and Commerce of the tion 101 for ‘The Judiciary—Courts of Ap- 2017’.’’. House of Representatives and the Committee peals, District Courts, and Other Judicial This subdivision may be cited as the ‘‘Fur- on Finance of the Senate that— Services—Fees of Jurors and Commissioners’ ther Extension of Continuing Appropriations (1) describes the steps taken by Puerto may be apportioned up to the rate for oper- Act, 2018’’. Rico and the Virgin Islands to meet the con- ations necessary to accommodate increased ditions for certification specified in clauses juror usage. DIVISION C—BUDGETARY AND OTHER (i) and (ii ), respectively, of section ‘‘SEC. 160. Section 144 of the Continuing MATTERS 1108(g)(5)(D) of the Social Security Act (42 Appropriations Act, 2018 (division D of Pub- SEC. 30001. TABLE OF CONTENTS. U.S.C. 1308(g)(5)(D)) (as amended by sub- lic Law 115–56), as amended by the Further section (a) of this section); and The table of contents for this division is as Additional Continuing Appropriations Act, follows: (2) specifies timelines for each such terri- 2018 (division A of Public Law 115–96), is tory to, as a condition of eligibility for any amended by (1) striking ‘$11,761,000’ and in- DIVISION C—BUDGETARY AND OTHER additional increases in the amounts deter- serting ‘$22,247,000’, and (2) striking MATTERS mined for Puerto Rico or the Virgin Islands, ‘$1,104,000’ and inserting ‘$1,987,000’. Sec. 30001. Table of contents. respectively, under subsection (g) of section ‘‘SEC. 161. Section 458(a)(4) of the Higher TITLE I—BUDGET ENFORCEMENT 1108 of such Act (42 U.S.C. 1308) for purposes Education Act of 1965 (20 U.S.C. 1087h(a)(4)) Sec. 30101. Amendments to the Balanced of payments under title XIX of such Act for shall be applied by substituting ‘2018’ for Budget and Emergency Deficit fiscal year 2019, complete— ‘2017’. Control Act of 1985. (A) implementation of methods, satisfac- ‘‘SEC. 162. For the purpose of carrying out Sec. 30102. Balances on the PAYGO Score- tory to the Secretary, for the collection and section 435(a)(2) of the Higher Education Act cards. reporting of reliable data to the Transformed of 1965 (HEA) (20 U.S.C. 1085(a)(2)), during the Sec. 30103. Authority for fiscal year 2019 Medicaid Statistical Information System (T– period covered by this Act the Secretary of budget resolution in the Sen- MSIS) (or a successor system); and Education may waive the requirement under ate. (B) the establishment of a State medicaid section 435(a)(5)(A)(ii) of the HEA (20 U.S.C. Sec. 30104. Authority for fiscal year 2019 fraud control unit described in section 1085(a)(5)(A)(ii)) for an institution of higher budget resolution in the House 1903(q) of the Social Security Act (42 U.S.C. education that offers an associate degree, is of Representatives. 1396d(q)). a public institution, and is located in an eco- Sec. 30105. Exercise of rulemaking powers. TITLE IV—BUDGETARY EFFECTS nomically distressed county, defined as a SEC. 20401. EMERGENCY DESIGNATION. county that ranks in the lowest 5 percent of TITLE II—OFFSETS This subdivision is designated as an emer- all counties in the United States based on a Sec. 30201. Customs user fees. gency requirement pursuant to section 4(g) national index of county economic status: Sec. 30202. Aviation security service fees. of the Statutory Pay-As-You-Go Act of 2010 Provided, That this section shall apply to an Sec. 30203. Extension of certain immigration (2 U.S.C. 933(g)). institution of higher education that other- fees.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0655 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 7, 2018 Sec. 30204. Strategic Petroleum Reserve You-Go Act of 2010 (2 U.S.C. 933(d)) shall be et Act of 1974, the allocations, aggregates, drawdown. zero. and levels provided for in subsection (b) shall Sec. 30205. Elimination of surplus funds of SEC. 30103. AUTHORITY FOR FISCAL YEAR 2019 apply in the House of Representatives after Federal reserve banks. BUDGET RESOLUTION IN THE SEN- April 15, 2018, in the same manner as for a Sec. 30206. Reemployment services and eligi- ATE. concurrent resolution on the budget for fis- bility assessments. (a) FISCAL YEAR 2019.—For purposes of en- cal year 2019 with appropriate budgetary lev- forcing the Congressional Budget Act of 1974 TITLE III—TEMPORARY EXTENSION OF els for fiscal year 2019 and for fiscal years (2 U.S.C. 621 et seq.) after April 15, 2018, and PUBLIC DEBT LIMIT 2020 through 2028. enforcing budgetary points of order in prior (b) COMMITTEE ALLOCATIONS, AGGREGATES, Sec. 30301. Temporary extension of public concurrent resolutions on the budget, the al- AND LEVELS.—In the House of Representa- debt limit. locations, aggregates, and levels provided for tives, the Chair of the Committee on the TITLE IV—JOINT SELECT COMMITTEES in subsection (b) shall apply in the Senate in Budget shall submit a statement for publica- Subtitle A—Joint Select Committee on the same manner as for a concurrent resolu- tion in the Congressional Record after April Solvency of Multiemployer Pension Plans tion on the budget for fiscal year 2019 with 15, 2018, but not later than May 15, 2018, con- appropriate budgetary levels for fiscal years Sec. 30421. Definitions. taining— 2020 through 2028. Sec. 30422. Establishment of Joint Select (1) for the Committee on Appropriations, (b) COMMITTEE ALLOCATIONS, AGGREGATES, Committee. committee allocations for fiscal year 2019 for AND LEVELS.—After April 15, 2018, but not Sec. 30423. Funding. discretionary budget authority at the total later than May 15, 2018, the Chairman of the level set forth in section 251(c)(6) of the Bal- Sec. 30424. Consideration of joint committee Committee on the Budget of the Senate shall bill in the Senate. anced Budget and Emergency Deficit Control file— Act of 1985, as amended by this Act, and the Subtitle B—Joint Select Committee on (1) for the Committee on Appropriations, outlays flowing therefrom, and committee Budget and Appropriations Process Reform committee allocations for fiscal year 2019 allocations for fiscal year 2019 for current Sec. 30441. Definitions. consistent with discretionary spending lim- law mandatory budget authority and out- Sec. 30442. Establishment of Joint Select its set forth in section 251(c)(6) of the Bal- lays, for the purpose of enforcing section 302 Committee. anced Budget and Emergency Deficit Control of the Congressional Budget Act of 1974; Sec. 30443. Funding. Act of 1985, as amended by this Act, for the (2) for all committees other than the Com- Sec. 30444. Consideration of joint committee purposes of enforcing section 302 of the Con- mittee on Appropriations, committee alloca- bill in the Senate. gressional Budget Act of 1974 (2 U.S.C. 633); tions for fiscal year 2019 and for the period of TITLE I—BUDGET ENFORCEMENT (2) for all committees other than the Com- fiscal years 2019 through 2028 at the levels in- mittee on Appropriations, committee alloca- cluded in the most recent baseline of the SEC. 30101. AMENDMENTS TO THE BALANCED tions for fiscal years 2019, 2019 through 2023, BUDGET AND EMERGENCY DEFICIT Congressional Budget Office, as adjusted for and 2019 through 2028 consistent with the CONTROL ACT OF 1985. the budgetary effects of any provision of law most recent baseline of the Congressional (a) REVISED DISCRETIONARY SPENDING LIM- enacted during the period beginning on the Budget Office, as adjusted for the budgetary ITS.—Section 251(c) of the Balanced Budget date such baseline is issued and ending on effects of any provision of law enacted dur- and Emergency Deficit Control Act of 1985 (2 the date of submission of such statement, for ing the period beginning on the date such U.S.C. 901(c)) is amended by striking para- the purpose of enforcing section 302 of the baseline is issued and ending on the date of graphs (5) and (6) and inserting the following: Congressional Budget Act of 1974; and submission of such statement, for the pur- ‘‘(5) for fiscal year 2018— (3) aggregate spending levels for fiscal year poses of enforcing section 302 of the Congres- ‘‘(A) for the revised security category, 2019 and aggregate revenue levels for fiscal sional Budget Act of 1974 (2 U.S.C. 633); $629,000,000,000 in new budget authority; and year 2019 and for the period of fiscal years (3) aggregate spending levels for fiscal year ‘‘(B) for the revised nonsecurity category 2019 through 2028, at the levels included in 2019 in accordance with the allocations es- $579,000,000,000 in new budget authority; the most recent baseline of the Congres- tablished under paragraphs (1) and (2), for ‘‘(6) for fiscal year 2019— sional Budget Office, as adjusted for the the purpose of enforcing section 311 of the ‘‘(A) for the revised security category, budgetary effects of any provision of law en- Congressional Budget Act of 1974 (2 U.S.C. $647,000,000,000 in new budget authority; and acted during the period beginning on the 642); ‘‘(B) for the revised nonsecurity category, date such baseline is issued and ending on (4) aggregate revenue levels for fiscal years $597,000,000,000 in new budget authority;’’. the date of submission of such statement, for 2019, 2019 through 2023, and 2019 through 2028 (b) DIRECT SPENDING ADJUSTMENTS FOR FIS- the purpose of enforcing section 311 of the consistent with the most recent baseline of CAL YEARS 2018 AND 2019.—Section 251A of the Congressional Budget Act of 1974. the Congressional Budget Office, as adjusted Balanced Budget and Emergency Deficit (c) ADDITIONAL MATTER.—The statement for the budgetary effects of any provision of Control Act of 1985 (2 U.S.C. 901a), is amend- referred to in subsection (b) may also include law enacted during the period beginning on ed— for fiscal year 2019, the matter contained in the date such baseline is issued and ending (1) in paragraph (5)(B), in the matter pre- the provisions referred to in subsection (f)(1). on the date of submission of such statement, ceding clause (i), by striking ‘‘and (11)’’ and (d) FISCAL YEAR 2019 ALLOCATION TO THE for the purpose of enforcing section 311 of the inserting ‘‘, (11), and (12)’’; and COMMITTEE ON APPROPRIATIONS.—If the state- Congressional Budget Act of 1974 (2 U.S.C. (2) by adding at the end the following: ment referred to in subsection (b) is not filed 642); and ‘‘(12) IMPLEMENTING DIRECT SPENDING RE- by May 15, 2018, then the matter referred to (5) levels of Social Security revenues and DUCTIONS FOR FISCAL YEARS 2018 AND 2019.—(A) in subsection (b)(1) shall be submitted by the outlays for fiscal years 2019, 2019 through OMB shall make the calculations necessary Chair of the Committee on the Budget for 2023, and 2019 through 2028 consistent with to implement the direct spending reductions publication in the Congressional Record on the most recent baseline of the Congres- calculated pursuant to paragraphs (3) and (4) the next day that the House of Representa- sional Budget Office, as adjusted for the without regard to the amendment made to tives is in session. budgetary effects of any provision of law en- section 251(c) revising the discretionary (e) ADJUSTMENTS.—The chair of the Com- acted during the period beginning on the spending limits for fiscal years 2018 and 2019 mittee on the Budget of the House of Rep- date such baseline is issued and ending on by the Bipartisan Budget Act of 2018. resentatives may adjust the levels included the date of submission of such statement, for ‘‘(B) Paragraph (5)(B) shall not be imple- in the statement referred to in subsection (b) the purpose of enforcing sections 302 and 311 mented for fiscal years 2018 and 2019.’’. to reflect the budgetary effects of any legis- of the Congressional Budget Act of 1974 (2 (c) EXTENSION OF DIRECT SPENDING REDUC- lation enacted during the 115th Congress U.S.C. 633 and 642). TIONS THROUGH FISCAL YEAR 2027.—Section (c) ADDITIONAL MATTER.—The filing re- that reduces the deficit or as otherwise nec- 251A(6) of the Balanced Budget and Emer- ferred to in subsection (b) may also include essary. gency Deficit Control Act of 1985 (2 U.S.C. for fiscal year 2019 the deficit-neutral reserve (f) APPLICATION.—Upon submission of the 901a(6)) is amended— funds contained in title III of H. Con. Res. 71 statement referred to in subsection (b)— (1) in subparagraph (B), in the matter pre- (115th Congress) updated by one fiscal year. (1) all references in sections 5101 through ceding clause (i), by striking ‘‘for fiscal year (d) EXPIRATION.—This section shall expire 5112, sections 5201 through 5205, section 5301, 2022, for fiscal year 2023, for fiscal year 2024, if a concurrent resolution on the budget for and section 5401 of House Concurrent Resolu- and for fiscal year 2025’’ and inserting ‘‘for fiscal year 2019 is agreed to by the Senate tion 71 (115th Congress) to a fiscal year shall each of fiscal years 2022 through 2027’’; and and the House of Representatives pursuant be considered for all purposes in the House to (2) in subparagraph (C), in the matter pre- to section 301 of the Congressional Budget be references to the succeeding fiscal year; ceding clause (i), by striking ‘‘fiscal year Act of 1974 (2 U.S.C. 632). and 2025’’ and inserting ‘‘fiscal year 2027’’. SEC. 30104. AUTHORITY FOR FISCAL YEAR 2019 (2) all references in the provisions referred SEC. 30102. BALANCES ON THE PAYGO SCORE- BUDGET RESOLUTION IN THE to in paragraph (1) to allocations, aggre- CARDS. HOUSE OF REPRESENTATIVES. gates, or other appropriate levels in ‘‘this Effective on the date of enactment of this (a) FISCAL YEAR 2019.—If a concurrent reso- concurrent resolution’’, ‘‘the most recently Act, the balances on the PAYGO scorecards lution on the budget for fiscal year 2019 has agreed to concurrent resolution on the budg- established pursuant to paragraphs (4) and not been adopted by April 15, 2018, for the et’’, or ‘‘this resolution’’ shall be considered (5) of section 4(d) of the Statutory Pay-As- purpose of enforcing the Congressional Budg- for all purposes in the House to be references

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S741 to the allocations, aggregates, or other ap- tion 161 of the Energy Policy and Conserva- awarded to the State under this section for propriate levels contained in the statement tion Act (42 U.S.C. 6241) in the full quantity interventions with a high or moderate causal referred to in subsection (b), as adjusted. authorized by that subsection. evidence rating that show a demonstrated (g) EXPIRATION.—Subsections (a) through (c) STRATEGIC PETROLEUM DRAWDOWN CON- capacity to improve employment and earn- (f) shall no longer apply if a concurrent reso- DITIONS AND LIMITATIONS.— ings outcomes for program participants; lution on the budget for fiscal year 2019 is (1) CONDITIONS.—Section 161(h)(1) of the ‘‘(B) for fiscal years 2025 and 2026, use no agreed to by the Senate and House of Rep- Energy Policy and Conservation Act (42 less than 40 percent of such grant funds for resentatives. U.S.C. 6241(h)(1)) is amended in subparagraph interventions described in subparagraph (A); SEC. 30105. EXERCISE OF RULEMAKING POWERS. (B) by striking ‘‘shortage; and’’ and all that and Sections 30103 and 30104 are enacted by the follows through ‘‘Secretary of’’ in subpara- ‘‘(C) for fiscal years beginning after fiscal Congress— graph (C) and inserting the following: year 2026, use no less than 50 percent of such (1) as an exercise of the rulemaking power ‘‘shortage; grant funds for interventions described in of the Senate and the House of Representa- ‘‘(C) the Secretary has found that action subparagraph (A). taken under this subsection will not impair tives, respectively, and as such they shall be ‘‘(d) EVALUATIONS.— the ability of the United States to carry out considered as part of the rules of each House, ‘‘(1) REQUIRED EVALUATIONS.—Any inter- obligations of the United States under the respectively, or of that House to which they vention without a high or moderate causal specifically apply, and such rules shall su- international energy program; and ‘‘(D) the Secretary of’’. evidence rating used by a State in carrying persede other rules only to the extent that out a State program of reemployment serv- (2) LIMITATIONS.—Section 161(h)(2) of the they are inconsistent therewith; and ices and eligibility assessments under this (2) with full recognition of the constitu- Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking section shall be under evaluation at the time tional right of either House to change such of use. rules (so far as relating to such House) at ‘‘450,000,000’’ each place it appears and insert- ‘‘(2) FUNDING LIMITATION.—A State shall any time, in the same manner, and to the ing ‘‘350,000,000’’. use not more than 10 percent of grant funds same extent as in the case of any other rule SEC. 30205. ELIMINATION OF SURPLUS FUNDS OF awarded to the State under this section to of such House. FEDERAL RESERVE BANKS. conduct or cause to be conducted evaluations TITLE II—OFFSETS Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by of interventions used in carrying out a pro- SEC. 30201. CUSTOMS USER FEES. striking ‘‘$10,000,000,000’’ and inserting gram under this section (including evalua- (a) IN GENERAL.—Section 13031(j)(3) of the ‘‘$7,500,000,000’’. tions conducted pursuant to paragraph (1)). Consolidated Omnibus Budget Reconciliation SEC. 30206. REEMPLOYMENT SERVICES AND ELI- ‘‘(e) STATE PLAN.— Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— GIBILITY ASSESSMENTS. ‘‘(1) IN GENERAL.—As a condition of eligi- (1) in subparagraph (A), by striking ‘‘Janu- (a) IN GENERAL.—Title III of the Social Se- bility to receive a grant under this section ary 14, 2026’’ and inserting ‘‘February 24, curity Act (42 U.S.C. 501 et seq.) is amended for a fiscal year, a State shall submit to the 2027’’; and by adding at the end the following: Secretary, at such time and in such manner (2) in subparagraph (B)(i), by striking as the Secretary may require, a State plan ‘‘September 30, 2025’’ and inserting ‘‘Sep- ‘‘SEC. 306. GRANTS TO STATES FOR REEMPLOY- MENT SERVICES AND ELIGIBILITY that outlines how the State intends to con- tember 30, 2027’’. ASSESSMENTS. duct a program of reemployment services (b) RATE FOR MERCHANDISE PROCESSING ‘‘(a) IN GENERAL.—The Secretary of Labor and eligibility assessments under this sec- FEES.—Section 503 of the United States– (in this section referred to as the ‘Sec- tion, including— Korea Free Trade Agreement Implementa- retary’) shall award grants under this sec- ‘‘(A) assurances that, and a description of tion Act (Public Law 112–41; 19 U.S.C. 3805 tion for a fiscal year to eligible States to how, the program will provide— note) is amended by striking ‘‘January 14, conduct a program of reemployment services ‘‘(i) proper notification to participating in- 2026’’ and inserting ‘‘February 24, 2027’’. and eligibility assessments for individuals dividuals of the program’s eligibility condi- SEC. 30202. AVIATION SECURITY SERVICE FEES. referred to reemployment services as de- tions, requirements, and benefits, including Paragraph (4) of section 44940(i) of title 49, scribed in section 303(j) for weeks in such fis- the issuance of warnings and simple, clear United States Code, is amended by adding at cal year for which such individuals receive notifications to ensure that participating in- the end the following new subparagraphs: unemployment compensation. dividuals are fully aware of the consequences ‘‘(M) $1,640,000,000 for fiscal year 2026. ‘‘(b) PURPOSES.—The purposes of this sec- of failing to adhere to such requirements, in- ‘‘(N) $1,680,000,000 for fiscal year 2027.’’. tion are to accomplish the following goals: cluding policies related to non-attendance or SEC. 30203. EXTENSION OF CERTAIN IMMIGRA- ‘‘(1) To improve employment outcomes of non-fulfillment of work search requirements; TION FEES. individuals that receive unemployment com- and (a) VISA WAIVER PROGRAM.—Section pensation and to reduce the average duration ‘‘(ii) reasonable scheduling accommoda- 217(h)(3)(B)(iii) of the Immigration and Na- of receipt of such compensation through em- tions to maximize participation for eligible tionality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is ployment. individuals; amended by striking ‘‘September 30, 2020’’ ‘‘(2) To strengthen program integrity and ‘‘(B) assurances that, and a description of and inserting ‘‘September 30, 2027’’. reduce improper payments of unemployment how, the program will conform with the pur- (b) L-1 AND H-1B VISAS.—Section 411 of the compensation by States through the detec- poses outlined in subsection (b) and satisfy Air Transportation Safety and System Sta- tion and prevention of such payments to in- the requirement to use evidence-based stand- bilization Act (49 U.S.C. 40101 note) is amend- dividuals who are not eligible for such com- ards under subsection (c), including— ed by striking ‘‘September 30, 2025’’ each pensation. ‘‘(i) a description of the evidence-based place it appears and inserting ‘‘September 30, ‘‘(3) To promote alignment with the broad- interventions the State plans to use to speed 2027’’. er vision of the Workforce Innovation and reemployment; SEC. 30204. STRATEGIC PETROLEUM RESERVE Opportunity Act (29 U.S.C. 3101 et seq.) of in- ‘‘(ii) an explanation of how such interven- DRAWDOWN. creased program integration and service de- tions are appropriate to the population (a) DRAWDOWN AND SALE.— livery for job seekers, including claimants served; and (1) IN GENERAL.—Notwithstanding section for unemployment compensation. ‘‘(iii) if applicable, a description of the 161 of the Energy Policy and Conservation ‘‘(4) To establish reemployment services evaluation structure the State plans to use Act (42 U.S.C. 6241), except as provided in and eligibility assessments as an entry point for interventions without at least a mod- subsection (b), the Secretary of Energy shall for individuals receiving unemployment erate or high causal evidence rating, which draw down and sell from the Strategic Petro- compensation into other workforce system may include national evaluations conducted leum Reserve— partner programs. by the Department of Labor or by other enti- (A) 30,000,000 barrels of crude oil during the ‘‘(c) EVIDENCE-BASED STANDARDS.— ties; and period of fiscal years 2022 through 2025; ‘‘(1) IN GENERAL.—In carrying out a State ‘‘(C) a description of any reemployment ac- (B) 35,000,000 barrels of crude oil during fis- program of reemployment services and eligi- tivities and evaluations conducted in the cal year 2026; and bility assessments using grant funds awarded prior fiscal year, and any data collected on— (C) 35,000,000 barrels of crude oil during fis- to the State under this section, a State shall ‘‘(i) characteristics of program partici- cal year 2027. use such funds only for interventions dem- pants; (2) DEPOSIT OF AMOUNTS RECEIVED FROM onstrated to reduce the number of weeks for ‘‘(ii) the number of weeks for which pro- SALE.—Amounts received from a sale under which program participants receive unem- gram participants receive unemployment paragraph (1) shall be deposited in the gen- ployment compensation by improving em- compensation; and eral fund of the Treasury during the fiscal ployment outcomes for program partici- ‘‘(iii) employment and other outcomes for year in which the sale occurs. pants. program participants consistent with State (b) EMERGENCY PROTECTION.—The Sec- ‘‘(2) EXPANDING EVIDENCE-BASED INTERVEN- performance accountability measures pro- retary of Energy may not draw down and sell TIONS.—In addition to the requirement im- vided by the State unemployment compensa- crude oil under this section in quantities posed by paragraph (1), a State shall— tion program and in section 116(b) of the that would limit the authority to sell petro- ‘‘(A) for fiscal years 2023 and 2024, use no Workforce Innovation and Opportunity Act leum products under subsection (h) of sec- less than 25 percent of the grant funds (29 U.S.C. 3141(b)).

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‘‘(2) APPROVAL.—The Secretary shall ap- ‘‘(g) NOTIFICATION TO CONGRESS.—Not later ‘‘(A) ADJUSTMENTS.—If the Committee on prove any State plan, that is timely sub- than 90 days prior to making any changes to Appropriations of either House reports an mitted to the Secretary, in such manner as the allocation formula or the criteria devel- appropriation measure for any of fiscal years the Secretary may require, that satisfies the oped pursuant to subsection (f)(5)(A), the 2022 through 2027 that provides budget au- conditions described in paragraph (1). Secretary shall submit to Congress, includ- thority for grants under section 306 of the ‘‘(3) DISAPPROVAL AND REVISION.—If the ing to the Committee on Ways and Means Social Security Act, or if a conference com- Secretary determines that a State plan sub- and the Committee on Appropriations of the mittee submits a conference report thereon, mitted pursuant to this subsection fails to House of Representatives and the Committee the chairman of the Committee on the Budg- satisfy the conditions described in paragraph on Finance and the Committee on Appropria- et of the House of Representatives or the (1), the Secretary shall— tions of the Senate, a notification of any Senate shall make the adjustments referred ‘‘(A) disapprove such plan; such change. to in subparagraph (B) to reflect the addi- ‘‘(B) provide to the State, not later than 30 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds tional new budget authority provided for days after the date of receipt of the State made available to carry out this section such grants in that measure or conference plan, a written notice of such disapproval shall be used to supplement the level of Fed- report and the outlays resulting therefrom, that includes a description of any portion of eral, State, and local public funds that, in consistent with subparagraph (D). the plan that was not approved and the rea- the absence of such availability, would be ex- ‘‘(B) TYPES OF ADJUSTMENTS.—The adjust- son for the disapproval of each such portion; pended to provide reemployment services ments referred to in this subparagraph con- and and eligibility assessments to individuals re- sist of adjustments to— ‘‘(C) provide the State with an opportunity ceiving unemployment compensation, and in ‘‘(i) the discretionary spending limits for to correct any such failure and submit a re- no case to supplant such Federal, State, or that fiscal year as set forth in the most re- vised State plan. local public funds. cently adopted concurrent resolution on the ‘‘(f) ALLOCATION OF FUNDS.— ‘‘(i) DEFINITIONS.—In this section: budget; ‘‘(1) BASE FUNDING.— ‘‘(1) CAUSAL EVIDENCE RATING.—The terms ‘‘(ii) the allocations to the Committees on ‘‘(A) IN GENERAL.—For each fiscal year ‘high causal evidence rating’ and ‘moderate Appropriations of the Senate and the House after fiscal year 2020, the Secretary shall al- causal evidence rating’ shall have the mean- of Representatives for that fiscal year under locate a percentage equal to the base funding ing given such terms by the Secretary of section 302(a); and percentage for such fiscal year of the funds Labor. ‘‘(iii) the appropriate budget aggregates for made available for grants under this section ‘‘(2) ELIGIBLE STATE.—The term ‘eligible that fiscal year in the most recently adopted among the States awarded such a grant for State’ means a State that has in effect a concurrent resolution on the budget. such fiscal year using a formula prescribed State plan approved by the Secretary in ac- ‘‘(C) ENFORCEMENT.—The adjusted discre- by the Secretary based on the rate of insured cordance with subsection (e). tionary spending limits, allocations, and ag- unemployment (as defined in section 203(e)(1) ‘‘(3) INTERVENTION.—The term ‘interven- gregates under this paragraph shall be con- of the Federal-State Extended Unemploy- tion’ means a service delivery strategy for sidered the appropriate limits, allocations, ment Compensation Act of 1970 (26 U.S.C. the provision of State reemployment serv- and aggregates for purposes of congressional 3304 note)) in the State for a period to be de- ices and eligibility assessment activities enforcement of this Act and concurrent termined by the Secretary. In developing under this section. budget resolutions under this Act. such formula with respect to a State, the ‘‘(4) STATE.—The term ‘State’ has the ‘‘(D) LIMITATION.—No adjustment may be Secretary shall consider the importance of meaning given the term in section 205 of the made under this subsection in excess of— avoiding sharp reductions in grant funding Federal-State Extended Unemployment to a State over time. ‘‘(i) for fiscal year 2022, $133,000,000; Compensation Act of 1970 (26 U.S.C. 3304 ‘‘(ii) for fiscal year 2023, $258,000,000; ‘‘(B) BASE FUNDING PERCENTAGE.—For pur- note). poses of subparagraph (A), the term ‘base ‘‘(iii) for fiscal year 2024, $433,000,000; ‘‘(5) UNEMPLOYMENT COMPENSATION.—The ‘‘(iv) for fiscal year 2025, $533,000,000; funding percentage’ means— term unemployment compensation means ‘‘(i) for fiscal years 2021 through 2026, 89 ‘‘(v) for fiscal year 2026, $608,000,000; and ‘regular compensation’, ‘extended compensa- ‘‘(vi) for fiscal year 2027, $633,000,000. percent; and tion’, and ‘additional compensation’ (as such ‘‘(ii) for fiscal years after 2026, 84 percent. ‘‘(E) DEFINITION.—As used in this sub- terms are defined by section 205 of the Fed- section, the term ‘additional new budget au- ‘‘(2) RESERVATION FOR OUTCOME PAY- eral-State Extended Unemployment Com- MENTS.— thority’ means the amount provided for a fis- pensation Act of 1970 (26 U.S.C. 3304 note)).’’. cal year, in excess of $117,000,000, in an appro- ‘‘(A) IN GENERAL.—Of the amounts made (b) REPORT.—Not later than 3 years after priation measure or conference report (as the available for grants under this section for the date of enactment of this Act, the Sec- case may be) and specified to pay for grants each fiscal year after 2020, the Secretary retary of Labor shall submit to Congress a to States under section 306 of the Social Se- shall reserve a percentage equal to the out- report to describe promising interventions curity Act. come reservation percentage for such fiscal used by States to provide reemployment as- ‘‘(2) REPORT ON 302(B) LEVEL.—Following year for outcome payments to increase the sistance. any adjustment made under paragraph (1), amount otherwise awarded to a State under (c) ADJUSTMENT TO DISCRETIONARY SPEND- the Committees on Appropriations of the paragraph (1). Such outcome payments shall ING LIMITS.—Section 251(b)(2) of the Balanced Senate and the House of Representatives be paid to States conducting reemployment Budget and Emergency Deficit Control Act may report appropriately revised suballoca- services and eligibility assessments under of 1985 (2 U.S.C. 901(b)(2)) is amended by add- tions pursuant to section 302(b) to carry out this section that, during the previous fiscal ing at the end the following: this subsection.’’. year, met or exceeded the outcome goals pro- ‘‘(E) REEMPLOYMENT SERVICES AND ELIGI- vided in subsection (b)(1) related to reducing BILITY ASSESSMENTS.— TITLE III—TEMPORARY EXTENSION OF the average duration of receipt of unemploy- ‘‘(i) IN GENERAL.—If a bill or joint resolu- PUBLIC DEBT LIMIT ment compensation by improving employ- tion making appropriations for a fiscal year SEC. 30301. TEMPORARY EXTENSION OF PUBLIC ment outcomes. is enacted that specifies an amount for DEBT LIMIT. ‘‘(B) OUTCOME RESERVATION PERCENTAGE.— grants to States under section 306 of the So- (a) IN GENERAL.—Section 3101(b) of title 31, For purposes of subparagraph (A), the term cial Security Act, then the adjustment for United States Code, shall not apply for the ‘outcome reservation percentage’ means— that fiscal year shall be the additional new period beginning on the date of the enact- ‘‘(i) for fiscal years 2021 through 2026, 10 budget authority provided in that Act for ment of this Act and ending on March 1, 2019. percent; and such grants for that fiscal year, but shall not (b) SPECIAL RULE RELATING TO OBLIGATIONS ‘‘(ii) for fiscal years after 2026, 15 percent. exceed— ISSUED DURING EXTENSION PERIOD.—Effective ‘‘(3) RESERVATION FOR RESEARCH AND TECH- ‘‘(I) for fiscal year 2018, $0; on March 2, 2019, the limitation in effect NICAL ASSISTANCE.—Of the amounts made ‘‘(II) for fiscal year 2019, $33,000,000; under section 3101(b) of title 31, United available for grants under this section for ‘‘(III) for fiscal year 2020, $58,000,000; and States Code, shall be increased to the extent each fiscal year after 2020, the Secretary ‘‘(IV) for fiscal year 2021, $83,000,000. that— may reserve not more than 1 percent to con- ‘‘(ii) DEFINITION.—As used in this subpara- (1) the face amount of obligations issued duct research and provide technical assist- graph, the term ‘additional new budget au- under chapter 31 of such title and the face ance to States. thority’ means the amount provided for a fis- amount of obligations whose principal and ‘‘(4) CONSULTATION AND PUBLIC COMMENT.— cal year, in excess of $117,000,000, in an appro- interest are guaranteed by the United States Not later than September 30, 2019, the Sec- priation Act and specified to pay for grants Government (except guaranteed obligations retary shall— to States under section 306 of the Social Se- held by the Secretary of the Treasury) out- ‘‘(A) consult with the States and seek pub- curity Act.’’. standing on March 2, 2019, exceeds lic comment in developing the allocation for- (d) OTHER BUDGETARY ADJUSTMENTS.—Sec- (2) the face amount of such obligations mula under paragraph (1) and the criteria for tion 314 of the Congressional Budget Act of outstanding on the date of the enactment of carrying out the reservations under para- 1974 (2 U.S.C. 645) is amended by adding at this Act. graph (2); and the end the following: (c) RESTORING CONGRESSIONAL AUTHORITY ‘‘(B) make publicly available the alloca- ‘‘(g) ADJUSTMENT FOR REEMPLOYMENT OVER THE NATIONAL DEBT.— tion formula and criteria developed pursuant SERVICES AND ELIGIBILITY ASSESSMENTS.— (1) EXTENSION LIMITED TO NECESSARY OBLI- to subclause (A). ‘‘(1) IN GENERAL.— GATIONS.—An obligation shall not be taken

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S743 into account under subsection (b)(1) unless shall be noted on the cover of the report. In bers of the joint committee shall constitute the issuance of such obligation was nec- the absence of timely notice, the joint com- a quorum for holding hearings. essary to fund a commitment incurred pur- mittee report may be printed and trans- (D) VOTING.—No proxy voting shall be al- suant to law by the Federal Government mitted immediately without such views. lowed on behalf of the members of the joint that required payment before March 2, 2019. (iv) TRANSMISSION OF REPORT AND LEGISLA- committee. (2) PROHIBITION ON CREATION OF CASH RE- TIVE LANGUAGE.—If the report and legislative (E) MEETINGS.— SERVE DURING EXTENSION PERIOD.—The Sec- language are approved by the joint com- (i) INITIAL MEETING.—Not later than 30 cal- retary of the Treasury shall not issue obliga- mittee pursuant to clause (ii), the joint com- endar days after the date of enactment of tions during the period specified in sub- mittee shall submit the joint committee re- this Act, the joint committee shall hold its section (a) for the purpose of increasing the port and legislative language described in first meeting. cash balance above normal operating bal- clause (i) to the President, the Vice Presi- (ii) AGENDA.—The co-chairs of the joint ances in anticipation of the expiration of dent, the Speaker of the House of Represent- committee shall provide an agenda to the such period. atives, and the majority and minority lead- joint committee members not less than 48 TITLE IV—JOINT SELECT COMMITTEES ers of each House of Congress not later than hours in advance of any meeting. Subtitle A—Joint Select Committee on 15 calendar days after such approval. (F) HEARINGS.— Solvency of Multiemployer Pension Plans (v) REPORT AND LEGISLATIVE LANGUAGE TO (i) IN GENERAL.—The joint committee may, for the purpose of carrying out this section, SEC. 30421. DEFINITIONS. BE MADE PUBLIC.—Upon the approval of the hold such hearings, sit and act at such times In this subtitle— joint committee report and legislative lan- and places, require attendance of witnesses (1) the term ‘‘joint committee’’ means the guage pursuant to clause (ii), the joint com- and production of books, papers, and docu- Joint Select Committee on Solvency of Mul- mittee shall promptly make the full report ments, take such testimony, receive such tiemployer Pension Plans established under and legislative language, and a record of any evidence, and administer such oaths as the section 30422(a); and vote, available to the public. joint committee considers advisable. (2) the term ‘‘joint committee bill’’ means (3) MEMBERSHIP.— (ii) HEARING PROCEDURES AND RESPONSIBIL- a bill consisting of the proposed legislative (A) IN GENERAL.—The joint committee ITIES OF CO-CHAIRS.— language of the joint committee rec- shall be composed of 16 members appointed (I) ANNOUNCEMENT.—The co-chairs of the ommended in accordance with section pursuant to subparagraph (B). joint committee shall make a public an- 30422(b)(2)(B)(ii) and introduced under sec- (B) APPOINTMENT.—Members of the joint nouncement of the date, place, time, and tion 30424(a). committee shall be appointed as follows: (i) The Speaker of the House of Represent- subject matter of any hearing to be con- SEC. 30422. ESTABLISHMENT OF JOINT SELECT ducted, not less than 7 days in advance of COMMITTEE. atives shall appoint 4 members from among such hearing, unless the co-chairs determine (a) ESTABLISHMENT OF JOINT SELECT COM- Members of the House of Representatives. that there is good cause to begin such hear- MITTEE.—There is established a joint select (ii) The Minority Leader of the House of committee of Congress to be known as the Representatives shall appoint 4 members ing at an earlier date. ‘‘Joint Select Committee on Solvency of from among Members of the House of Rep- (II) EQUAL REPRESENTATION OF WIT- Multiemployer Pension Plans’’. resentatives. NESSES.—Each co-chair shall be entitled to (b) IMPLEMENTATION.— (iii) The Majority Leader of the Senate select an equal number of witnesses for each (1) GOAL.—The goal of the joint committee shall appoint 4 members from among Mem- hearing held by the joint committee. is to improve the solvency of multiemployer bers of the Senate. (III) WRITTEN STATEMENT.—A witness ap- pension plans and the Pension Benefit Guar- (iv) The Minority Leader of the Senate pearing before the joint committee shall file anty Corporation. shall appoint 4 members from among Mem- a written statement of proposed testimony (2) DUTIES.— bers of the Senate. at least 2 calendar days before the appear- (A) IN GENERAL.—The joint committee (C) CO-CHAIRS.—Two of the appointed mem- ance of the witness, unless the requirement shall provide recommendations and legisla- bers of the joint committee will serve as co- is waived by the co-chairs, following their tive language that will significantly improve chairs. The Speaker of the House of Rep- determination that there is good cause for the solvency of multiemployer pension plans resentatives and the Majority Leader of the failure to comply with such requirement. and the Pension Benefit Guaranty Corpora- Senate shall jointly appoint one co-chair, (G) MINIMUM NUMBER OF PUBLIC MEETINGS tion. and the Minority Leader of the House of Rep- AND HEARINGS.—The joint committee shall (B) REPORT, RECOMMENDATIONS, AND LEGIS- resentatives and the Minority Leader of the hold— LATIVE LANGUAGE.— Senate shall jointly appoint the second co- (i) not less than a total of 5 public meet- (i) IN GENERAL.—Not later than November chair. The co-chairs shall be appointed not ings or public hearings; and 30, 2018, the joint committee shall vote on— later than 14 calendar days after the date of (ii) not less than 3 public hearings, which (I) a report that contains a detailed state- enactment of this Act. may include field hearings. ment of the findings, conclusions, and rec- (D) DATE.—Members of the joint com- (H) TECHNICAL ASSISTANCE.—Upon written ommendations of the joint committee; and mittee shall be appointed not later than 14 request of the co-chairs, a Federal agency, (II) proposed legislative language to carry calendar days after the date of enactment of including legislative branch agencies, shall out the recommendations described in sub- this Act. provide technical assistance to the joint clause (I). (E) PERIOD OF APPOINTMENT.—Members committee in order for the joint committee (ii) APPROVAL OF REPORT AND LEGISLATIVE shall be appointed for the life of the joint to carry out its duties. LANGUAGE.— committee. Any vacancy in the joint com- (I) STAFFING.— (I) IN GENERAL.—The report of the joint mittee shall not affect its powers, but shall (i) DETAILS.—Employees of the legislative committee and the proposed legislative lan- be filled not later than 14 calendar days after branch may be detailed to the joint com- guage described in clause (i) shall only be ap- the date on which the vacancy occurs, in the mittee on a nonreimbursable basis. proved upon receiving the votes of— same manner as the original appointment (ii) STAFF DIRECTOR.—The co-chairs, acting (aa) a majority of joint committee mem- was made. If a member of the joint com- jointly, may designate one such employee as bers appointed by the Speaker of the House mittee ceases to be a Member of the House of staff director of the joint committee. of Representatives and the Majority Leader Representatives or the Senate, as the case (c) ETHICAL STANDARDS.—Members on the of the Senate; and may be, the member is no longer a member joint committee who serve in the House of (bb) a majority of joint committee mem- of the joint committee and a vacancy shall Representatives shall be governed by the bers appointed by the Minority Leader of the exist. ethics rules and requirements of the House. House of Representatives and the Minority (4) ADMINISTRATION.— Members of the Senate who serve on the Leader of the Senate. (A) IN GENERAL.—To enable the joint com- joint committee shall comply with the eth- (II) AVAILABILITY.—The text of any report mittee to exercise its powers, functions, and ics rules of the Senate. and proposed legislative language shall be duties under this subtitle, there are author- (d) TERMINATION.—The joint committee publicly available in electronic form at least ized to be disbursed by the Senate the actual shall terminate on December 31, 2018 or 30 24 hours prior to its consideration. and necessary expenses of the joint com- days after submission of its report and legis- (iii) ADDITIONAL VIEWS.—A member of the mittee approved by the co-chairs, subject to lative recommendations pursuant to this joint committee who gives notice of an in- the rules and regulations of the Senate. section whichever occurs first. tention to file supplemental, minority, or ad- (B) EXPENSES.—To enable the joint com- SEC. 30423. FUNDING. ditional views at the time of the final joint mittee to exercise its powers, functions, and To enable the joint committee to exercise committee vote on the approval of the report duties under this subtitle, there are author- its powers, functions, and duties under this and legislative language under clause (ii) ized to be appropriated for each fiscal year subtitle, there are authorized to be paid not shall be entitled to 2 calendar days after the such sums as may be necessary, to be dis- more than $500,000 from the appropriations day of such notice in which to file such views bursed by the Secretary of the Senate on account for ‘‘Expenses of Inquiries and Inves- in writing with the co-chairs. Such views vouchers signed by the co-chairs. tigations’’ of the Senate, such sums to be shall then be included in the joint com- (C) QUORUM.—Nine members of the joint disbursed by the Secretary of the Senate, in mittee report and printed in the same vol- committee shall constitute a quorum for accordance with Senate rules and proce- ume, or part thereof, and their inclusion purposes of voting and meeting, and 5 mem- dures, upon vouchers signed by the co-chairs.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S744 CONGRESSIONAL RECORD — SENATE February 7, 2018 The funds authorized under this section shall only to the extent that they are inconsistent port and legislative language described in be available during the period beginning on with such rules; and clause (i) to the President, the Vice Presi- the date of enactment of this Act and ending (2) with full recognition of the constitu- dent, the Speaker of the House of Represent- on January 2, 2019. tional right of the Senate to change the atives, and the majority and minority lead- SEC. 30424. CONSIDERATION OF JOINT COM- rules (so far as relating to the procedure of ers of each House of Congress not later than MITTEE BILL IN THE SENATE. the Senate) at any time, in the same man- 15 calendar days after such approval. (a) INTRODUCTION.—Upon receipt of pro- ner, and to the same extent as in the case of (v) REPORT AND LEGISLATIVE LANGUAGE TO posed legislative language approved in ac- any other rule of the Senate. BE MADE PUBLIC.—Upon the approval of the cordance with section 30422(b)(2)(B)(ii), the Subtitle B—Joint Select Committee on joint committee report and legislative lan- language shall be introduced in the Senate Budget and Appropriations Process Reform guage pursuant to clause (ii), the joint com- (by request) on the next day on which the mittee shall promptly make the full report SEC. 30441. DEFINITIONS. Senate is in session by the Majority Leader and legislative language, and a record of any In this subtitle— of the Senate or by a Member of the Senate vote, available to the public. (1) the term ‘‘joint committee’’ means the designated by the Majority Leader of the (3) MEMBERSHIP.— Joint Select Committee on Budget and Ap- Senate. (A) IN GENERAL.—The joint committee propriations Process Reform established (b) COMMITTEE CONSIDERATION.—A joint shall be composed of 16 members appointed committee bill introduced in the Senate under section 30442(a); and pursuant to subparagraph (B). (2) the term ‘‘joint committee bill’’ means under subsection (a) shall be jointly referred (B) APPOINTMENT.—Members of the joint to the Committee on Finance and the Com- a bill consisting of the proposed legislative committee shall be appointed as follows: mittee on Health, Education, Labor, and language of the joint committee rec- (i) The Speaker of the House of Represent- Pensions, which committees shall report the ommended in accordance with section atives shall appoint 4 members from among bill without any revision and with a favor- 30442(b)(2)(B)(ii) and introduced under sec- Members of the House of Representatives. able recommendation, an unfavorable rec- tion 30444(a). (ii) The Minority Leader of the House of ommendation, or without recommendation, SEC. 30442. ESTABLISHMENT OF JOINT SELECT Representatives shall appoint 4 members no later than 7 session days after introduc- COMMITTEE. from among Members of the House of Rep- tion of the bill. If either committee fails to (a) ESTABLISHMENT OF JOINT SELECT COM- resentatives. report the bill within that period, that com- MITTEE.—There is established a joint select (iii) The Majority Leader of the Senate mittee shall be automatically discharged committee of Congress to be known as the shall appoint 4 members from among Mem- from consideration of the bill, and the bill ‘‘Joint Select Committee on Budget and Ap- bers of the Senate. shall be placed on the appropriate calendar. propriations Process Reform’’. (iv) The Minority Leader of the Senate (c) MOTION TO PROCEED TO CONSIDER- (b) IMPLEMENTATION.— shall appoint 4 members from among Mem- ATION.— (1) GOAL.—The goal of the joint committee bers of the Senate. (1) IN GENERAL.—Notwithstanding rule is to reform the budget and appropriations (C) CO-CHAIRS.—Two of the appointed mem- XXII of the Standing Rules of the Senate, it process. bers of the joint committee will serve as co- is in order, not later than 2 days of session (2) DUTIES.— chairs. The Speaker of the House of Rep- after the date on which a joint committee (A) IN GENERAL.—The joint committee resentatives and the Majority Leader of the bill is reported or discharged from the Com- shall provide recommendations and legisla- Senate shall jointly appoint one co-chair, mittee on Finance and the Committee on tive language that will significantly reform and the Minority Leader of the House of Rep- Health, Education, Labor, and Pensions, for the budget and appropriations process. resentatives and the Minority Leader of the the Majority Leader of the Senate or the Ma- (B) REPORT, RECOMMENDATIONS, AND LEGIS- Senate shall jointly appoint the second co- jority Leader’s designee to move to proceed LATIVE LANGUAGE.— chair. The co-chairs shall be appointed not to the consideration of the joint committee (i) IN GENERAL.—Not later than November later than 14 calendar days after the date of bill. It shall also be in order for any Member 30, 2018, the joint committee shall vote on— enactment of this Act. of the Senate to move to proceed to the con- (I) a report that contains a detailed state- (D) DATE.—Members of the joint com- sideration of the joint committee bill at any ment of the findings, conclusions, and rec- mittee shall be appointed not later than 14 time after the conclusion of such 2-day pe- ommendations of the joint committee; and calendar days after the date of enactment of riod. (II) proposed legislative language to carry this Act. (2) CONSIDERATION OF MOTION.—Consider- out the recommendations described in sub- (E) PERIOD OF APPOINTMENT.—Members ation of the motion to proceed to the consid- clause (I). shall be appointed for the life of the joint eration of the joint committee bill and all (ii) APPROVAL OF REPORT AND LEGISLATIVE committee. Any vacancy in the joint com- debatable motions and appeals in connection LANGUAGE.— mittee shall not affect its powers, but shall therewith shall not exceed 10 hours, which (I) IN GENERAL.—The report of the joint be filled not later than 14 calendar days after shall be divided equally between the Major- committee and the proposed legislative lan- the date on which the vacancy occurs, in the ity and Minority Leaders or their designees. guage described in clause (i) shall only be ap- same manner as the original appointment A motion to further limit debate is in order, proved upon receiving the votes of— was made. If a member of the joint com- shall require an affirmative vote of three- (aa) a majority of joint committee mem- mittee ceases to be a Member of the House of fifths of Members duly chosen and sworn, bers appointed by the Speaker of the House Representatives or the Senate, as the case and is not debatable. of Representatives and the Majority Leader may be, the member is no longer a member (3) VOTE THRESHOLD.—The motion to pro- of the Senate; and of the joint committee and a vacancy shall ceed to the consideration of the joint com- (bb) a majority of joint committee mem- exist. mittee bill shall only be agreed to upon an bers appointed by the Minority Leader of the (4) ADMINISTRATION.— affirmative vote of three-fifths of Members House of Representatives and the Minority (A) IN GENERAL.—To enable the joint com- duly chosen and sworn. Leader of the Senate. mittee to exercise its powers, functions, and (4) LIMITATIONS.—The motion is not sub- (II) AVAILABILITY.—The text of any report duties under this subtitle, there are author- ject to a motion to postpone. All points of and proposed legislative language shall be ized to be disbursed by the Senate the actual order against the motion to proceed to the publicly available in electronic form at least and necessary expenses of the joint com- joint committee bill are waived. A motion to 24 hours prior to its consideration. mittee approved by the co-chairs, subject to reconsider the vote by which the motion is (iii) ADDITIONAL VIEWS.—A member of the the rules and regulations of the Senate. agreed to or disagreed to shall not be in joint committee who gives notice of an in- (B) EXPENSES.—To enable the joint com- order. tention to file supplemental, minority, or ad- mittee to exercise its powers, functions, and (5) DEADLINE.—Not later than the last day ditional views at the time of the final joint duties under this subtitle, there are author- of the 115th Congress, the Senate shall vote committee vote on the approval of the report ized to be appropriated for each fiscal year on a motion to proceed to the joint com- and legislative language under clause (ii) such sums as may be necessary, to be dis- mittee bill. shall be entitled to 2 calendar days after the bursed by the Secretary of the Senate on (6) COMPANION MEASURES.—For purposes of day of such notice in which to file such views vouchers signed by the co-chairs. this subsection, the term ‘‘joint committee in writing with the co-chairs. Such views (C) QUORUM.—Nine members of the joint bill’’ includes a bill of the House of Rep- shall then be included in the joint com- committee shall constitute a quorum for resentatives that is a companion measure to mittee report and printed in the same vol- purposes of voting and meeting, and 5 mem- the joint committee bill introduced in the ume, or part thereof, and their inclusion bers of the joint committee shall constitute Senate. shall be noted on the cover of the report. In a quorum for holding hearings. (d) RULES OF SENATE.—This section is en- the absence of timely notice, the joint com- (D) VOTING.—No proxy voting shall be al- acted by Congress— mittee report may be printed and trans- lowed on behalf of the members of the joint (1) as an exercise of the rulemaking power mitted immediately without such views. committee. of the Senate, and as such is deemed a part (iv) TRANSMISSION OF REPORT AND LEGISLA- (E) MEETINGS.— of the rules of the Senate, but applicable TIVE LANGUAGE.—If the report and legislative (i) INITIAL MEETING.—Not later than 30 cal- only with respect to the procedure to be fol- language are approved by the joint com- endar days after the date of enactment of lowed in the Senate in the case of a joint mittee pursuant to clause (ii), the joint com- this Act, the joint committee shall hold its committee bill, and supersede other rules mittee shall submit the joint committee re- first meeting.

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(ii) AGENDA.—The co-chairs of the joint (by request) on the next day on which the Subtitle A—Tax Relief for Families and committee shall provide an agenda to the Senate is in session by the Majority Leader Individuals joint committee members not less than 48 of the Senate or by a Member of the Senate Sec. 40201. Extension of exclusion from gross hours in advance of any meeting. designated by the Majority Leader of the income of discharge of qualified (F) HEARINGS.— Senate. principal residence indebted- (b) COMMITTEE CONSIDERATION.—A joint (i) IN GENERAL.—The joint committee may, ness. committee bill introduced in the Senate for the purpose of carrying out this section, Sec. 40202. Extension of mortgage insurance under subsection (a) shall be referred to the hold such hearings, sit and act at such times premiums treated as qualified Committee on the Budget, which shall report and places, require attendance of witnesses residence interest. the bill without any revision and with a fa- and production of books, papers, and docu- Sec. 40203. Extension of above-the-line de- ments, take such testimony, receive such vorable recommendation, an unfavorable recommendation, or without recommenda- duction for qualified tuition evidence, and administer such oaths as the and related expenses. joint committee considers advisable. tion, no later than 7 session days after intro- duction of the bill. If the Committee on the Subtitle B—Incentives for Growth, Jobs, (ii) HEARING PROCEDURES AND RESPONSIBIL- Budget fails to report the bill within that pe- Investment, and Innovation ITIES OF CO-CHAIRS.— riod, the committee shall be automatically (I) ANNOUNCEMENT.—The co-chairs of the Sec. 40301. Extension of Indian employment joint committee shall make a public an- discharged from consideration of the bill, tax credit. nouncement of the date, place, time, and and the bill shall be placed on the appro- Sec. 40302. Extension of railroad track main- subject matter of any hearing to be con- priate calendar. tenance credit. (c) MOTION TO PROCEED TO CONSIDER- ducted, not less than 7 days in advance of Sec. 40303. Extension of mine rescue team ATION.— such hearing, unless the co-chairs determine training credit. (1) IN GENERAL.—Notwithstanding rule that there is good cause to begin such hear- Sec. 40304. Extension of classification of cer- XXII of the Standing Rules of the Senate, it ing at an earlier date. tain race horses as 3-year prop- is in order, not later than 2 days of session (II) EQUAL REPRESENTATION OF WIT- erty. after the date on which a joint committee NESSES.—Each co-chair shall be entitled to Sec. 40305. Extension of 7-year recovery pe- bill is reported or discharged from the Com- select an equal number of witnesses for each riod for motorsports entertain- mittee on the Budget, for the Majority Lead- hearing held by the joint committee. ment complexes. er of the Senate or the Majority Leader’s (III) WRITTEN STATEMENT.—A witness ap- Sec. 40306. Extension of accelerated depre- designee to move to proceed to the consider- pearing before the joint committee shall file ciation for business property on ation of the joint committee bill. It shall a written statement of proposed testimony an Indian reservation. also be in order for any Member of the Sen- at least 2 calendar days before the appear- Sec. 40307. Extension of election to expense ate to move to proceed to the consideration ance of the witness, unless the requirement mine safety equipment. of the joint committee bill at any time after is waived by the co-chairs, following their Sec. 40308. Extension of special expensing the conclusion of such 2-day period. determination that there is good cause for rules for certain productions. (2) CONSIDERATION OF MOTION.—Consider- failure to comply with such requirement. Sec. 40309. Extension of deduction allowable ation of the motion to proceed to the consid- (G) MINIMUM NUMBER OF PUBLIC MEETINGS with respect to income attrib- eration of the joint committee bill and all AND HEARINGS.—The joint committee shall utable to domestic production debatable motions and appeals in connection hold— activities in Puerto Rico. therewith shall not exceed 10 hours, which (i) not less than a total of 5 public meet- Sec. 40310. Extension of special rule relating shall be divided equally between the Major- ings or public hearings; and to qualified timber gain. ity and Minority Leaders or their designees. (ii) not less than 3 public hearings, which Sec. 40311. Extension of empowerment zone A motion to further limit debate is in order, may include field hearings. tax incentives. shall require an affirmative vote of three- (H) TECHNICAL ASSISTANCE.—Upon written Sec. 40312. Extension of American Samoa fifths of Members duly chosen and sworn, request of the co-chairs, a Federal agency, economic development credit. and is not debatable. including legislative branch agencies, shall Subtitle C—Incentives for Energy (3) VOTE THRESHOLD.—The motion to pro- provide technical assistance to the joint Production and Conservation ceed to the consideration of the joint com- committee in order for the joint committee mittee bill shall only be agreed to upon an Sec. 40401. Extension of credit for nonbusi- to carry out its duties. affirmative vote of three-fifths of Members ness energy property. (I) STAFFING.— duly chosen and sworn. Sec. 40402. Extension and modification of (i) DETAILS.—Employees of the legislative (4) LIMITATIONS.—The motion is not sub- credit for residential energy branch may be detailed to the joint com- ject to a motion to postpone. All points of property. mittee on a nonreimbursable basis. order against the motion to proceed to the Sec. 40403. Extension of credit for new quali- (ii) STAFF DIRECTOR.—The co-chairs, acting joint committee bill are waived. A motion to fied fuel cell motor vehicles. jointly, may designate one such employee as reconsider the vote by which the motion is Sec. 40404. Extension of credit for alter- staff director of the joint committee. agreed to or disagreed to shall not be in native fuel vehicle refueling (c) ETHICAL STANDARDS.—Members on the order. property. joint committee who serve in the House of (5) DEADLINE.—Not later than the last day Sec. 40405. Extension of credit for 2-wheeled Representatives shall be governed by the of the 115th Congress, the Senate shall vote plug-in electric vehicles. ethics rules and requirements of the House. on a motion to proceed to the joint com- Sec. 40406. Extension of second generation Members of the Senate who serve on the mittee bill. biofuel producer credit. joint committee shall comply with the eth- (d) RULES OF SENATE.—This section is en- Sec. 40407. Extension of biodiesel and renew- ics rules of the Senate. acted by Congress— able diesel incentives. (d) TERMINATION.—The joint committee (1) as an exercise of the rulemaking power Sec. 40408. Extension of production credit shall terminate on December 31, 2018 or 30 of the Senate, and as such is deemed a part for Indian coal facilities. days after submission of its report and legis- of the rules of the Senate, but applicable Sec. 40409. Extension of credits with respect lative recommendations pursuant to this only with respect to the procedure to be fol- to facilities producing energy section whichever occurs first. lowed in the Senate in the case of a joint from certain renewable re- SEC. 30443. FUNDING. committee bill, and supersede other rules sources. To enable the joint committee to exercise only to the extent that they are inconsistent Sec. 40410. Extension of credit for energy-ef- its powers, functions, and duties under this with such rules; and ficient new homes. subtitle, there are authorized to be paid not (2) with full recognition of the constitu- Sec. 40411. Extension and phaseout of energy more than $500,000 from the appropriations tional right of the Senate to change the credit. account for ‘‘Expenses of Inquiries and Inves- rules (so far as relating to the procedure of Sec. 40412. Extension of special allowance tigations’’ of the Senate, such sums to be the Senate) at any time, in the same man- for second generation biofuel disbursed by the Secretary of the Senate, in ner, and to the same extent as in the case of plant property. accordance with Senate rules and proce- any other rule of the Senate. Sec. 40413. Extension of energy efficient dures, upon vouchers signed by the co-chairs. DIVISION D—REVENUE MEASURES commercial buildings deduc- The funds authorized under this section shall tion. be available during the period beginning on SEC. 40001. TABLE OF CONTENTS. The table of contents for this division is as Sec. 40414. Extension of special rule for sales the date of enactment of this Act and ending follows: or dispositions to implement on January 2, 2019. FERC or State electric restruc- DIVISION D—REVENUE MEASURES SEC. 30444. CONSIDERATION OF JOINT COM- turing policy for qualified elec- MITTEE BILL IN THE SENATE. Sec. 40001. Table of contents. tric utilities. (a) INTRODUCTION.—Upon receipt of pro- TITLE I—EXTENSION OF EXPIRING Sec. 40415. Extension of excise tax credits re- posed legislative language approved in ac- PROVISIONS lating to alternative fuels. cordance with section 30442(b)(2)(B)(ii), the Sec. 40101. Amendment of Internal Revenue Sec. 40416. Extension of Oil Spill Liability language shall be introduced in the Senate Code of 1986. Trust Fund financing rate.

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Amendment of Internal Revenue (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2016. Code of 1986. made by this section shall apply to amounts Sec. 41102. Modifications to rum cover over. paid or accrued after December 31, 2016. SEC. 40308. EXTENSION OF SPECIAL EXPENSING Sec. 41103. Extension of waiver of limita- SEC. 40203. EXTENSION OF ABOVE-THE-LINE DE- RULES FOR CERTAIN PRODUCTIONS. DUCTION FOR QUALIFIED TUITION tions with respect to excluding (a) IN GENERAL.—Section 181(g) is amended AND RELATED EXPENSES. from gross income amounts re- by striking ‘‘December 31, 2016’’ and insert- (a) IN GENERAL.—Section 222(e) is amended ing ‘‘December 31, 2017’’. ceived by wrongfully incarcer- by striking ‘‘December 31, 2016’’ and insert- ated individuals. ing ‘‘December 31, 2017’’. (b) EFFECTIVE DATE.—The amendment Sec. 41104. Individuals held harmless on im- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to produc- proper levy on retirement made by this section shall apply to taxable tions commencing after December 31, 2016. plans. years beginning after December 31, 2016. SEC. 40309. EXTENSION OF DEDUCTION ALLOW- Sec. 41105. Modification of user fee require- Subtitle B—Incentives for Growth, Jobs, ABLE WITH RESPECT TO INCOME AT- ments for installment agree- Investment, and Innovation TRIBUTABLE TO DOMESTIC PRO- ments. DUCTION ACTIVITIES IN PUERTO Sec. 41106. Form 1040SR for seniors. SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT RICO. TAX CREDIT. Sec. 41107. Attorneys fees relating to awards (a) IN GENERAL.—Section 45A(f) is amended For purposes of applying section to whistleblowers. by striking ‘‘December 31, 2016’’ and insert- 199(d)(8)(C) of the Internal Revenue Code of Sec. 41108. Clarification of whistleblower ing ‘‘December 31, 2017’’. 1986 with respect to taxable years beginning awards. (b) EFFECTIVE DATE.—The amendment during 2017, such section shall be applied— Sec. 41109. Clarification regarding excise tax made by this section shall apply to taxable (1) by substituting ‘‘first 12 taxable years’’ based on investment income of years beginning after December 31, 2016. for ‘‘first 11 taxable years’’, and private colleges and univer- SEC. 40302. EXTENSION OF RAILROAD TRACK (2) by substituting ‘‘January 1, 2018’’ for sities. MAINTENANCE CREDIT. ‘‘January 1, 2017’’. Sec. 41110. Exception from private founda- (a) IN GENERAL.—Section 45G(f) is amended SEC. 40310. EXTENSION OF SPECIAL RULE RELAT- tion excess business holding tax by striking ‘‘January 1, 2017’’ and inserting ING TO QUALIFIED TIMBER GAIN. for independently-operated ‘‘January 1, 2018’’. For purposes of applying section 1201(b) of philanthropic business hold- (b) EFFECTIVE DATE.— the Internal Revenue Code of 1986 with re- ings. (1) IN GENERAL.—The amendment made by Sec. 41111. Rule of construction for Craft this section shall apply to expenditures paid spect to taxable years beginning during 2017, Beverage Modernization and or incurred in taxable years beginning after such section shall be applied by substituting Tax Reform. December 31, 2016. ‘‘2016 or 2017’’ for ‘‘2016’’. Sec. 41112. Simplification of rules regarding (2) SAFE HARBOR ASSIGNMENTS.—Assign- SEC. 40311. EXTENSION OF EMPOWERMENT ZONE records, statements, and re- ments, including related expenditures paid TAX INCENTIVES. turns. or incurred, under paragraph (2) of section (a) IN GENERAL.— Sec. 41113. Modification of rules governing 45G(b) of the Internal Revenue Code of 1986 (1) EXTENSION.—Section 1391(d)(1)(A)(i) is hardship distributions. for taxable years ending after January 1, amended by striking ‘‘December 31, 2016’’ and Sec. 41114. Modification of rules relating to 2017, and before January 1, 2018, shall be inserting ‘‘December 31, 2017’’. hardship withdrawals from cash treated as effective as of the close of such (2) TREATMENT OF CERTAIN TERMINATION or deferred arrangements. taxable year if made pursuant to a written DATES SPECIFIED IN NOMINATIONS.—In the case Sec. 41115. Opportunity Zones rule for Puer- agreement entered into no later than 90 days of a designation of an empowerment zone the to Rico. following the date of the enactment of this nomination for which included a termination Sec. 41116. Tax home of certain citizens or Act. date which is contemporaneous with the date residents of the United States SEC. 40303. EXTENSION OF MINE RESCUE TEAM specified in subparagraph (A)(i) of section living abroad. TRAINING CREDIT. 1391(d)(1) of the Internal Revenue Code of Sec. 41117. Treatment of foreign persons for (a) IN GENERAL.—Section 45N(e) is amended 1986 (as in effect before the enactment of this returns relating to payments by striking ‘‘December 31, 2016’’ and insert- Act), subparagraph (B) of such section shall made in settlement of payment ing ‘‘December 31, 2017’’. not apply with respect to such designation if, card and third party network (b) EFFECTIVE DATE.—The amendment after the date of the enactment of this sec- transactions. made by this section shall apply to taxable tion, the entity which made such nomination Sec. 41118. Repeal of shift in time of pay- years beginning after December 31, 2016. amends the nomination to provide for a new ment of corporate estimated SEC. 40304. EXTENSION OF CLASSIFICATION OF termination date in such manner as the Sec- taxes. CERTAIN RACE HORSES AS 3-YEAR retary of the Treasury (or the Secretary’s Sec. 41119. Enhancement of carbon dioxide PROPERTY. designee) may provide. (a) IN GENERAL.—Section 168(e)(3)(A)(i) is sequestration credit. amended— (b) EFFECTIVE DATE.—The amendment TITLE I—EXTENSION OF EXPIRING (1) by striking ‘‘January 1, 2017’’ in sub- made by subsection (a)(1) shall apply to tax- PROVISIONS clause (I) and inserting ‘‘January 1, 2018’’, able years beginning after December 31, 2016. SEC. 40101. AMENDMENT OF INTERNAL REVENUE and SEC. 40312. EXTENSION OF AMERICAN SAMOA CODE OF 1986. (2) by striking ‘‘December 31, 2016’’ in sub- ECONOMIC DEVELOPMENT CREDIT. Except as otherwise expressly provided, clause (II) and inserting ‘‘December 31, 2017’’. (a) IN GENERAL.—Section 119 of division A whenever in this title an amendment or re- (b) EFFECTIVE DATE.—The amendments of the Tax Relief and Health Care Act of 2006 peal is expressed in terms of an amendment made by this section shall apply to property is amended— to, or repeal of, a section or other provision, placed in service after December 31, 2016. (1) in subsection (d)— the reference shall be considered to be made SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PE- (A) by striking ‘‘January 1, 2017’’ each to a section or other provision of the Inter- RIOD FOR MOTORSPORTS ENTER- place it appears and inserting ‘‘January 1, nal Revenue Code of 1986. TAINMENT COMPLEXES. 2018’’, (a) IN GENERAL.—Section 168(i)(15)(D) is (B) by striking ‘‘first 11 taxable years’’ in Subtitle A—Tax Relief for Families and amended by striking ‘‘December 31, 2016’’ and paragraph (1) and inserting ‘‘first 12 taxable Individuals inserting ‘‘December 31, 2017’’. years’’, and SEC. 40201. EXTENSION OF EXCLUSION FROM (b) EFFECTIVE DATE.—The amendment (C) by striking ‘‘first 5 taxable years’’ in GROSS INCOME OF DISCHARGE OF made by this section shall apply to property paragraph (2) and inserting ‘‘first 6 taxable QUALIFIED PRINCIPAL RESIDENCE placed in service after December 31, 2016. INDEBTEDNESS. years’’, and SEC. 40306. EXTENSION OF ACCELERATED DE- (2) in subsection (e), by adding at the end (a) IN GENERAL.—Section 108(a)(1)(E) is PRECIATION FOR BUSINESS PROP- amended by striking ‘‘January 1, 2017’’ each ERTY ON AN INDIAN RESERVATION. the following: ‘‘References in this subsection place it appears and inserting ‘‘January 1, (a) IN GENERAL.—Section 168(j)(9) is amend- to section 199 of the Internal Revenue Code 2018’’. ed by striking ‘‘December 31, 2016’’ and in- of 1986 shall be treated as references to such (b) EFFECTIVE DATE.—The amendments serting ‘‘December 31, 2017’’. section as in effect before its repeal.’’. made by this section shall apply to dis- (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendments charges of indebtedness after December 31, made by this section shall apply to property made by this section shall apply to taxable 2016. placed in service after December 31, 2016. years beginning after December 31, 2016.

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Subtitle C—Incentives for Energy Production (2) PAYMENTS.—Section 6427(e)(6)(B) is ‘‘property the construction of which begins and Conservation amended by striking ‘‘December 31, 2016’’ and before January 1, 2022’’. SEC. 40401. EXTENSION OF CREDIT FOR NON- inserting ‘‘December 31, 2017’’. (b) PHASEOUT OF 30-PERCENT CREDIT RATE BUSINESS ENERGY PROPERTY. (3) EFFECTIVE DATE.—The amendments FOR FIBER-OPTIC SOLAR, QUALIFIED FUEL (a) IN GENERAL.—Section 25C(g)(2) is made by this subsection shall apply to fuel CELL, AND QUALIFIED SMALL WIND ENERGY amended by striking ‘‘December 31, 2016’’ and sold or used after December 31, 2016. PROPERTY.— inserting ‘‘December 31, 2017’’. (4) SPECIAL RULE FOR 2017.—Notwith- (1) IN GENERAL.—Section 48(a) is amended (b) EFFECTIVE DATE.—The amendment standing any other provision of law, in the by adding at the end the following new para- made by this section shall apply to property case of any biodiesel mixture credit properly graph: placed in service after December 31, 2016. determined under section 6426(c) of the Inter- ‘‘(7) PHASEOUT FOR FIBER-OPTIC SOLAR, SEC. 40402. EXTENSION AND MODIFICATION OF nal Revenue Code of 1986 for the period be- QUALIFIED FUEL CELL, AND QUALIFIED SMALL CREDIT FOR RESIDENTIAL ENERGY ginning on January 1, 2017, and ending on De- WIND ENERGY PROPERTY.— PROPERTY. cember 31, 2017, such credit shall be allowed, ‘‘(A) IN GENERAL.—Subject to subparagraph (a) IN GENERAL.—Section 25D(h) is amend- and any refund or payment attributable to (B), in the case of any qualified fuel cell ed by striking ‘‘December 31, 2016’’ and all such credit (including any payment under property, qualified small wind property, or that follows and inserting ‘‘December 31, section 6427(e) of such Code) shall be made, energy property described in paragraph 2021.’’. only in such manner as the Secretary of the (3)(A)(ii), the energy percentage determined (b) PHASEOUT.— Treasury (or the Secretary’s delegate) shall under paragraph (2) shall be equal to— (1) IN GENERAL.—Section 25D(a) is amended provide. Such Secretary shall issue guidance ‘‘(i) in the case of any property the con- by striking ‘‘the sum of—’’ and all that fol- within 30 days after the date of the enact- struction of which begins after December 31, lows and inserting ‘‘the sum of the applica- ment of this Act providing for a one-time 2019, and before January 1, 2021, 26 percent, ble percentages of— submission of claims covering periods de- and ‘‘(1) the qualified solar electric property scribed in the preceding sentence. Such guid- ‘‘(ii) in the case of any property the con- expenditures, ance shall provide for a 180-day period for the struction of which begins after December 31, ‘‘(2) the qualified solar water heating prop- submission of such claims (in such manner 2020, and before January 1, 2022, 22 percent. erty expenditures, as prescribed by such Secretary) to begin not ‘‘(B) PLACED IN SERVICE DEADLINE.—In the ‘‘(3) the qualified fuel cell property expend- later than 30 days after such guidance is case of any energy property described in sub- itures, issued. Such claims shall be paid by such paragraph (A) which is not placed in service ‘‘(4) the qualified small wind energy prop- Secretary not later than 60 days after re- before January 1, 2024, the energy percentage erty expenditures, and ceipt. If such Secretary has not paid pursu- determined under paragraph (2) shall be ‘‘(5) the qualified geothermal heat pump ant to a claim filed under this subsection equal to 0 percent.’’. property expenditures, within 60 days after the date of the filing of (2) CONFORMING AMENDMENT.—Section made by the taxpayer during such year.’’. such claim, the claim shall be paid with in- 48(a)(2)(A) is amended by striking ‘‘para- (2) CONFORMING AMENDMENT.—Section terest from such date determined by using graph (6)’’ and inserting ‘‘paragraphs (6) and 25D(g) is amended by striking ‘‘paragraphs the overpayment rate and method under sec- (7)’’. (1) and (2) of’’. tion 6621 of such Code. (3) CLARIFICATION RELATING TO PHASEOUT (c) EFFECTIVE DATE.—The amendment SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR WIND FACILITIES.—Section 48(a)(5)(E) is made by this section shall apply to property FOR INDIAN COAL FACILITIES. amended by inserting ‘‘which is treated as placed in service after December 31, 2016. (a) IN GENERAL.—Section 45(e)(10)(A) is energy property by reason of this paragraph’’ SEC. 40403. EXTENSION OF CREDIT FOR NEW amended by striking ‘‘11-year period’’ each after ‘‘using wind to produce electricity’’. QUALIFIED FUEL CELL MOTOR VE- place it appears and inserting ‘‘12-year pe- (c) EXTENSION OF QUALIFIED FUEL CELL HICLES. riod’’. PROPERTY.—Section 48(c)(1)(D) is amended (a) IN GENERAL.—Section 30B(k)(1) is (b) EFFECTIVE DATE.—The amendment by striking ‘‘for any period after December amended by striking ‘‘December 31, 2016’’ and made by this section shall apply to coal pro- 31, 2016’’ and inserting ‘‘the construction of inserting ‘‘December 31, 2017’’. duced after December 31, 2016. which does not begin before January 1, 2022’’. (b) EFFECTIVE DATE.—The amendment (d) EXTENSION OF QUALIFIED MICROTURBINE SEC. 40409. EXTENSION OF CREDITS WITH RE- made by this section shall apply to property PROPERTY.—Section 48(c)(2)(D) is amended purchased after December 31, 2016. SPECT TO FACILITIES PRODUCING ENERGY FROM CERTAIN RENEW- by striking ‘‘for any period after December SEC. 40404. EXTENSION OF CREDIT FOR ALTER- ABLE RESOURCES. 31, 2016’’ and inserting ‘‘the construction of NATIVE FUEL VEHICLE REFUELING (a) IN GENERAL.—The following provisions which does not begin before January 1, 2022’’. PROPERTY. of section 45(d) are each amended by striking (e) EXTENSION OF COMBINED HEAT AND (a) IN GENERAL.—Section 30C(g) is amended ‘‘January 1, 2017’’ each place it appears and POWER SYSTEM PROPERTY.—Section by striking ‘‘December 31, 2016’’ and insert- inserting ‘‘January 1, 2018’’: 48(c)(3)(A)(iv) is amended by striking ‘‘which ing ‘‘December 31, 2017’’. (1) Paragraph (2)(A). is placed in service before January 1, 2017’’ (b) EFFECTIVE DATE.—The amendment (2) Paragraph (3)(A). and inserting ‘‘the construction of which be- made by this section shall apply to property (3) Paragraph (4)(B). gins before January 1, 2022’’. placed in service after December 31, 2016. (f) EXTENSION OF QUALIFIED SMALL WIND (4) Paragraph (6). SEC. 40405. EXTENSION OF CREDIT FOR 2- ENERGY PROPERTY.—Section 48(c)(4)(C) is (5) Paragraph (7). WHEELED PLUG-IN ELECTRIC VEHI- amended by striking ‘‘for any period after (6) Paragraph (9). CLES. December 31, 2016’’ and inserting ‘‘the con- (7) Paragraph (11)(B). (a) IN GENERAL.—Section 30D(g)(3)(E)(ii) is struction of which does not begin before Jan- (b) EXTENSION OF ELECTION TO TREAT amended by striking ‘‘January 1, 2017’’ and uary 1, 2022’’. QUALIFIED FACILITIES AS ENERGY PROP- inserting ‘‘January 1, 2018’’. (g) EFFECTIVE DATE.— ERTY.—Section 48(a)(5)(C)(ii) is amended by (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—Except as otherwise pro- striking ‘‘January 1, 2017’’ and inserting made by this section shall apply to vehicles vided in this subsection, the amendments ‘‘January 1, 2018’’. acquired after December 31, 2016. made by this section shall apply to periods (c) EFFECTIVE DATE.—The amendments SEC. 40406. EXTENSION OF SECOND GENERATION after December 31, 2016, under rules similar made by this section shall take effect on BIOFUEL PRODUCER CREDIT. to the rules of section 48(m) of the Internal January 1, 2017. (a) IN GENERAL.—Section 40(b)(6)(J)(i) is Revenue Code of 1986 (as in effect on the day amended by striking ‘‘January 1, 2017’’ and SEC. 40410. EXTENSION OF CREDIT FOR ENERGY- before the date of the enactment of the Rev- inserting ‘‘January 1, 2018’’. EFFICIENT NEW HOMES. enue Reconciliation Act of 1990). (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 45L(g) is amended (2) EXTENSION OF COMBINED HEAT AND POWER made by this section shall apply to qualified by striking ‘‘December 31, 2016’’ and insert- SYSTEM PROPERTY.—The amendment made by second generation biofuel production after ing ‘‘December 31, 2017’’. subsection (e) shall apply to property placed December 31, 2016. (b) EFFECTIVE DATE.—The amendment in service after December 31, 2016. SEC. 40407. EXTENSION OF BIODIESEL AND RE- made by this section shall apply to homes (3) PHASEOUTS AND TERMINATIONS.—The NEWABLE DIESEL INCENTIVES. acquired after December 31, 2016. amendments made by subsection (b) shall (a) INCOME TAX CREDIT.— SEC. 40411. EXTENSION AND PHASEOUT OF EN- take effect on the date of the enactment of (1) IN GENERAL.—Subsection (g) of section ERGY CREDIT. this Act. 40A is amended by striking ‘‘December 31, (a) EXTENSION OF SOLAR AND THERMAL EN- SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE 2016’’ and inserting ‘‘December 31, 2017’’. ERGY PROPERTY.—Section 48(a)(3)(A) is FOR SECOND GENERATION BIOFUEL (2) EFFECTIVE DATE.—The amendment amended— PLANT PROPERTY. made by this subsection shall apply to fuel (1) by striking ‘‘periods ending before Jan- (a) IN GENERAL.—Section 168(l)(2)(D) is sold or used after December 31, 2016. uary 1, 2017’’ in clause (ii) and inserting amended by striking ‘‘January 1, 2017’’ and (b) EXCISE TAX INCENTIVES.— ‘‘property the construction of which begins inserting ‘‘January 1, 2018’’. (1) IN GENERAL.—Section 6426(c)(6) is before January 1, 2022’’, and (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘December 31, 2016’’ and (2) by striking ‘‘periods ending before Jan- made by this section shall apply to property inserting ‘‘December 31, 2017’’. uary 1, 2017’’ in clause (vii) and inserting placed in service after December 31, 2016.

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SEC. 40413. EXTENSION OF ENERGY EFFICIENT ‘‘(A) IN GENERAL.—Any unutilized national ‘‘(A) APPLICATION TO PARTNERSHIPS.—In the COMMERCIAL BUILDINGS DEDUC- megawatt capacity limitation shall be allo- case of a credit under subsection (a) which is TION. cated by the Secretary under paragraph (3) determined at the partnership level— (a) IN GENERAL.—Section 179D(h) is amend- as rapidly as is practicable after December ‘‘(i) for purposes of paragraph (1)(A), a ed by striking ‘‘December 31, 2016’’ and in- 31, 2020— qualified public entity shall be treated as the serting ‘‘December 31, 2017’’. ‘‘(i) first to facilities placed in service on taxpayer with respect to such entity’s dis- (b) EFFECTIVE DATE.—The amendment or before such date to the extent that such tributive share of such credit, and made by this section shall apply to property facilities did not receive an allocation equal ‘‘(ii) the term ‘eligible project partner’ placed in service after December 31, 2016. to their full nameplate capacity, and shall include any partner of the partnership. SEC. 40414. EXTENSION OF SPECIAL RULE FOR ‘‘(ii) then to facilities placed in service ‘‘(B) TAXABLE YEAR IN WHICH CREDIT TAKEN SALES OR DISPOSITIONS TO IMPLE- MENT FERC OR STATE ELECTRIC RE- after such date in the order in which such fa- INTO ACCOUNT.—In the case of any credit (or STRUCTURING POLICY FOR QUALI- cilities are placed in service. portion thereof) with respect to which an FIED ELECTRIC UTILITIES. ‘‘(B) UNUTILIZED NATIONAL MEGAWATT CA- election is made under paragraph (1), such (a) IN GENERAL.—Section 451(k)(3), as PACITY LIMITATION.—The term ‘unutilized na- credit shall be taken into account in the amended by section 13221 of Public Law 115- tional megawatt capacity limitation’ means first taxable year of the eligible project part- 97, is amended by striking ‘‘January 1, 2017’’ the excess (if any) of— ner ending with, or after, the qualified public and inserting ‘‘January 1, 2018’’. ‘‘(i) 6,000 megawatts, over entity’s taxable year with respect to which (b) EFFECTIVE DATE.—The amendment ‘‘(ii) the aggregate amount of national the credit was determined. made by this section shall apply to disposi- megawatt capacity limitation allocated by ‘‘(C) TREATMENT OF TRANSFER UNDER PRI- tions after December 31, 2016. the Secretary before January 1, 2021, reduced VATE USE RULES.—For purposes of section SEC. 40415. EXTENSION OF EXCISE TAX CREDITS by any amount of such limitation which was 141(b)(1), any benefit derived by an eligible RELATING TO ALTERNATIVE FUELS. allocated to a facility which was not placed project partner in connection with an elec- (a) EXTENSION OF ALTERNATIVE FUELS EX- in service before such date. tion under this subsection shall not be taken CISE TAX CREDITS.— ‘‘(C) COORDINATION WITH OTHER PROVI- into account as a private business use.’’. (1) IN GENERAL.—Sections 6426(d)(5) and SIONS.—In the case of any unutilized national (2) SPECIAL RULE FOR PROCEEDS OF TRANS- 6426(e)(3) are each amended by striking ‘‘De- megawatt capacity limitation allocated by FERS FOR MUTUAL OR COOPERATIVE ELECTRIC cember 31, 2016’’ and inserting ‘‘December 31, the Secretary pursuant to this paragraph— COMPANIES.—Section 501(c)(12) is amended by 2017’’. ‘‘(i) such allocation shall be treated for adding at the end the following new subpara- (2) OUTLAY PAYMENTS FOR ALTERNATIVE purposes of this section in the same manner graph: FUELS.—Section 6427(e)(6)(C) is amended by as an allocation of national megawatt capac- ‘‘(I) In the case of a mutual or cooperative striking ‘‘December 31, 2016’’ and inserting ity limitation, and electric company described in this paragraph ‘‘December 31, 2017’’. ‘‘(ii) subsection (d)(1)(B) shall not apply to or an organization described in section (3) EFFECTIVE DATE.—The amendments any facility which receives such alloca- 1381(a)(2), income received or accrued in con- made by this subsection shall apply to fuel tion.’’. nection with an election under section sold or used after December 31, 2016. (b) TRANSFER OF CREDIT BY CERTAIN PUBLIC 45J(e)(1) shall be treated as an amount col- (b) SPECIAL RULE FOR 2017.—Notwith- ENTITIES.— lected from members for the sole purpose of standing any other provision of law, in the (1) IN GENERAL.—Section 45J is amended— meeting losses and expenses.’’. case of any alternative fuel credit properly (A) by redesignating subsection (e) as sub- (c) EFFECTIVE DATES.— determined under section 6426(d) of the Inter- section (f), and (1) TREATMENT OF UNUTILIZED LIMITATION nal Revenue Code of 1986 for the period be- (B) by inserting after subsection (d) the AMOUNTS.—The amendment made by sub- ginning on January 1, 2017, and ending on De- following new subsection: section (a) shall take effect on the date of cember 31, 2017, such credit shall be allowed, ‘‘(e) TRANSFER OF CREDIT BY CERTAIN PUB- the enactment of this Act. and any refund or payment attributable to (2) TRANSFER OF CREDIT BY CERTAIN PUBLIC such credit (including any payment under LIC ENTITIES.— ‘‘(1) IN GENERAL.—If, with respect to a cred- ENTITIES.—The amendments made by sub- section 6427(e) of such Code) shall be made, section (b) shall apply to taxable years be- only in such manner as the Secretary of the it under subsection (a) for any taxable year— ‘‘(A) a qualified public entity would be the ginning after the date of the enactment of Treasury (or the Secretary’s delegate) shall this Act. provide. Such Secretary shall issue guidance taxpayer (but for this paragraph), and within 30 days after the date of the enact- ‘‘(B) such entity elects the application of TITLE II—MISCELLANEOUS PROVISIONS ment of this Act providing for a one-time this paragraph for such taxable year with re- SEC. 41101. AMENDMENT OF INTERNAL REVENUE submission of claims covering periods de- spect to all (or any portion specified in such CODE OF 1986. scribed in the preceding sentence. Such guid- election) of such credit, Except as otherwise expressly provided, ance shall provide for a 180-day period for the the eligible project partner specified in such whenever in this title an amendment or re- submission of such claims (in such manner election, and not the qualified public entity, peal is expressed in terms of an amendment as prescribed by such Secretary) to begin not shall be treated as the taxpayer for purposes to, or repeal of, a section or other provision, later than 30 days after such guidance is of this title with respect to such credit (or the reference shall be considered to be made issued. Such claims shall be paid by such such portion thereof). to a section or other provision of the Inter- Secretary not later than 60 days after re- ‘‘(2) DEFINITIONS.—For purposes of this sub- nal Revenue Code of 1986. ceipt. If such Secretary has not paid pursu- section— SEC. 41102. MODIFICATIONS TO RUM COVER ant to a claim filed under this subsection ‘‘(A) QUALIFIED PUBLIC ENTITY.—The term OVER. within 60 days after the date of the filing of ‘qualified public entity’ means— (a) EXTENSION.— such claim, the claim shall be paid with in- ‘‘(i) a Federal, State, or local government (1) IN GENERAL.—Section 7652(f)(1) is terest from such date determined by using entity, or any political subdivision, agency, amended by striking ‘‘January 1, 2017’’ and the overpayment rate and method under sec- or instrumentality thereof, inserting ‘‘January 1, 2022’’. tion 6621 of such Code. ‘‘(ii) a mutual or cooperative electric com- (2) EFFECTIVE DATE.—The amendment SEC. 40416. EXTENSION OF OIL SPILL LIABILITY pany described in section 501(c)(12) or made by this subsection shall apply to dis- TRUST FUND FINANCING RATE. 1381(a)(2), or tilled spirits brought into the United States (a) IN GENERAL.—Section 4611(f)(2) is ‘‘(iii) a not-for-profit electric utility which after December 31, 2016. amended by striking ‘‘December 31, 2017’’ and had or has received a loan or loan guarantee (b) DETERMINATION OF TAXES ON RUM.— inserting ‘‘December 31, 2018’’. under the Rural Electrification Act of 1936. (1) IN GENERAL.—Section 7652(e) is amended (b) EFFECTIVE DATE.—The amendment ‘‘(B) ELIGIBLE PROJECT PARTNER.—The term by adding at the end the following new para- made by this section shall apply on and after ‘eligible project partner’ means any person graph: the first day of the first calendar month be- who— ‘‘(5) DETERMINATION OF AMOUNT OF TAXES ginning after the date of the enactment of ‘‘(i) is responsible for, or participates in, COLLECTED.—For purposes of this subsection, this Act. the design or construction of the advanced the amount of taxes collected under section Subtitle D—Modifications of Energy nuclear power facility to which the credit 5001(a)(1) shall be determined without regard Incentives under subsection (a) relates, to section 5001(c).’’. SEC. 40501. MODIFICATIONS OF CREDIT FOR PRO- ‘‘(ii) participates in the provision of the (2) EFFECTIVE DATE.—The amendment DUCTION FROM ADVANCED NU- nuclear steam supply system to such facil- made by this subsection shall apply to dis- CLEAR POWER FACILITIES. ity, tilled spirits brought into the United States (a) TREATMENT OF UNUTILIZED LIMITATION ‘‘(iii) participates in the provision of nu- after December 31, 2017. AMOUNTS.—Section 45J(b) is amended— clear fuel to such facility, SEC. 41103. EXTENSION OF WAIVER OF LIMITA- (1) by inserting ‘‘or any amendment to’’ ‘‘(iv) is a financial institution providing fi- TIONS WITH RESPECT TO EXCLUD- after ‘‘enactment of’’ in paragraph (4), and nancing for the construction or operation of ING FROM GROSS INCOME AMOUNTS (2) by adding at the end the following new such facility, or RECEIVED BY WRONGFULLY INCAR- paragraph: ‘‘(v) has an ownership interest in such fa- CERATED INDIVIDUALS. ‘‘(5) ALLOCATION OF UNUTILIZED LIMITA- cility. (a) IN GENERAL.—Section 304(d) of the Pro- TION.— ‘‘(3) SPECIAL RULES.— tecting Americans from Tax Hikes Act of

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2015 (26 U.S.C. 139F note) is amended by ‘‘(5) TREATMENT OF INHERITED ACCOUNTS.— ‘‘(21) ATTORNEYS’ FEES RELATING TO AWARDS striking ‘‘1-year’’ and inserting ‘‘3-year’’. For purposes of paragraph (1)(A), section TO WHISTLEBLOWERS.— (b) EFFECTIVE DATE.—The amendment 408(d)(3)(C) shall be disregarded in deter- ‘‘(A) IN GENERAL.—Any deduction allowable made by this section shall take effect on the mining whether an individual retirement under this chapter for attorney fees and date of the enactment of this Act. plan is a plan to which a rollover contribu- court costs paid by, or on behalf of, the tax- SEC. 41104. INDIVIDUALS HELD HARMLESS ON tion of a distribution from the plan levied payer in connection with any award under— IMPROPER LEVY ON RETIREMENT upon is permitted.’’. ‘‘(i) section 7623(b), or PLANS. (b) EFFECTIVE DATE.—The amendment ‘‘(ii) in the case of taxable years beginning (a) IN GENERAL.—Section 6343 is amended made by this section shall apply to amounts after December 31, 2017, any action brought by adding at the end the following new sub- paid under subsections (b), (c), and (d)(2)(A) under— section: of section 6343 of the Internal Revenue Code ‘‘(I) section 21F of the Securities Exchange of 1986 in taxable years beginning after De- ‘‘(f) INDIVIDUALS HELD HARMLESS ON Act of 1934 (15 U.S.C. 78u-6), cember 31, 2017. WRONGFUL LEVY, ETC. ON RETIREMENT ‘‘(II) a State law relating to false or fraud- PLAN.— SEC. 41105. MODIFICATION OF USER FEE RE- ulent claims that meets the requirements de- QUIREMENTS FOR INSTALLMENT ‘‘(1) IN GENERAL.—If the Secretary deter- scribed in section 1909(b) of the Social Secu- AGREEMENTS. mines that an individual’s account or benefit rity Act (42 U.S.C. 1396h(b)), or (a) IN GENERAL.—Section 6159 is amended under an eligible retirement plan (as defined ‘‘(III) section 23 of the Commodity Ex- by redesignating subsection (f) as subsection change Act (7 U.S.C. 26). in section 402(c)(8)(B)) has been levied upon (g) and by inserting after subsection (e) the in a case to which subsection (b) or (d)(2)(A) ‘‘(B) MAY NOT EXCEED AWARD.—Subpara- following new subsection: graph (A) shall not apply to any deduction in applies and property or an amount of money ‘‘(f) INSTALLMENT AGREEMENT FEES.— excess of the amount includible in the tax- is returned to the individual— ‘‘(1) LIMITATION ON FEE AMOUNT.—The payer’s gross income for the taxable year on ‘‘(A) the individual may contribute such amount of any fee imposed on an installment account of such award.’’. property or an amount equal to the sum of— agreement under this section may not exceed ‘‘(i) the amount of money so returned by the amount of such fee as in effect on the (b) EFFECTIVE DATE.—The amendment the Secretary, and date of the enactment of this subsection. made by this section shall apply to taxable ‘‘(ii) interest paid under subsection (c) on ‘‘(2) WAIVER OR REIMBURSEMENT.—In the years beginning after December 31, 2017. such amount of money, case of any taxpayer with an adjusted gross into such eligible retirement plan if such SEC. 41108. CLARIFICATION OF WHISTLEBLOWER income, as determined for the most recent AWARDS. contribution is permitted by the plan, or year for which such information is available, into an individual retirement plan (other which does not exceed 250 percent of the ap- (a) DEFINITION OF PROCEEDS.— than an endowment contract) to which a plicable poverty level (as determined by the (1) IN GENERAL.—Section 7623 is amended rollover contribution of a distribution from Secretary)— by adding at the end the following new sub- such eligible retirement plan is permitted, ‘‘(A) if the taxpayer has agreed to make section: but only if such contribution is made not payments under the installment agreement ‘‘(c) PROCEEDS.—For purposes of this sec- later than the due date (not including exten- by electronic payment through a debit in- tion, the term ‘proceeds’ includes— sions) for filing the return of tax for the tax- strument, no fee shall be imposed on an in- ‘‘(1) penalties, interest, additions to tax, able year in which such property or amount stallment agreement under this section, and and additional amounts provided under the of money is returned, and ‘‘(B) if the taxpayer is unable to make pay- internal revenue laws, and ‘‘(B) the Secretary shall, at the time such ments under the installment agreement by ‘‘(2) any proceeds arising from laws for property or amount of money is returned, electronic payment through a debit instru- which the Internal Revenue Service is au- notify such individual that a contribution ment, the Secretary shall, upon completion thorized to administer, enforce, or inves- described in subparagraph (A) may be made. of the installment agreement, pay the tax- tigate, including— ‘‘(2) TREATMENT AS ROLLOVER.—The dis- payer an amount equal to any such fees im- ‘‘(A) criminal fines and civil forfeitures, tribution on account of the levy and any posed.’’. and contribution under paragraph (1) with re- (b) EFFECTIVE DATE.—The amendments ‘‘(B) violations of reporting require- spect to the return of such distribution shall made by this section shall apply to agree- ments.’’. be treated for purposes of this title as if such ments entered into on or after the date (2) CONFORMING AMENDMENTS.—Paragraphs distribution and contribution were described which is 60 days after the date of the enact- (1) and (2)(A) of section 7623(b) are each in section 402(c), 402A(c)(3), 403(a)(4), ment of this Act. amended by striking ‘‘collected proceeds (in- 403(b)(8), 408(d)(3), 408A(d)(3), or 457(e)(16), SEC. 41106. FORM 1040SR FOR SENIORS. cluding penalties, interest, additions to tax, whichever is applicable; except that— (a) IN GENERAL.—The Secretary of the and additional amounts) resulting from the ‘‘(A) the contribution shall be treated as Treasury (or the Secretary’s delegate) shall action’’ and inserting ‘‘proceeds collected as having been made for the taxable year in make available a form, to be known as a result of the action’’. which the distribution on account of the levy ‘‘Form 1040SR’’, for use by individuals to file (b) AMOUNT OF PROCEEDS DETERMINED occurred, and the interest paid under sub- the return of tax imposed by chapter 1 of the WITHOUT REGARD TO AVAILABILITY.—Para- section (c) shall be treated as earnings with- Internal Revenue Code of 1986. Such form graphs (1) and (2)(A) of section 7623(b) are in the plan after the contribution and shall shall be as similar as practicable to Form each amended by inserting ‘‘(determined not be included in gross income, and 1040EZ, except that— without regard to whether such proceeds are ‘‘(B) such contribution shall not be taken (1) the form shall be available only to indi- available to the Secretary)’’ after ‘‘in re- into account under section 408(d)(3)(B). viduals who have attained age 65 as of the sponse to such action’’. ‘‘(3) REFUND, ETC., OF INCOME TAX ON close of the taxable year, LEVY.— (2) the form may be used even if income for (c) DISPUTED AMOUNT THRESHOLD.—Section ‘‘(A) IN GENERAL.—If any amount is includ- the taxable year includes— 7623(b)(5)(B) is amended by striking ‘‘tax, ible in gross income for a taxable year by (A) social security benefits (as defined in penalties, interest, additions to tax, and ad- reason of a distribution on account of a levy section 86(d) of the Internal Revenue Code of ditional amounts’’ and inserting ‘‘proceeds’’. referred to in paragraph (1) and any portion 1986), (d) EFFECTIVE DATE.—The amendments of such amount is treated as a rollover con- (B) distributions from qualified retirement made by this section shall apply to informa- tribution under paragraph (2), any tax im- plans (as defined in section 4974(c) of such tion provided before, on, or after the date of posed by chapter 1 on such portion shall not Code), annuities or other such deferred pay- the enactment of this Act with respect to be assessed, and if assessed shall be abated, ment arrangements, which a final determination for an award has and if collected shall be credited or refunded (C) interest and dividends, or not been made before such date of enact- as an overpayment made on the due date for (D) capital gains and losses taken into ac- ment. filing the return of tax for such taxable year. count in determining adjusted net capital SEC. 41109. CLARIFICATION REGARDING EXCISE ‘‘(B) EXCEPTION.—Subparagraph (A) shall gain (as defined in section 1(h)(3) of such TAX BASED ON INVESTMENT IN- not apply to a rollover contribution under Code), and COME OF PRIVATE COLLEGES AND this subsection which is made from an eligi- (3) the form shall be available without re- UNIVERSITIES. ble retirement plan which is not a Roth IRA gard to the amount of any item of taxable (a) IN GENERAL.—Subsection (b)(1) of sec- or a designated Roth account (within the income or the total amount of taxable in- tion 4968, as added by section 13701(a) of Pub- meaning of section 402A) to a Roth IRA or a come for the taxable year. lic Law 115–97, is amended— designated Roth account under an eligible (b) EFFECTIVE DATE.—The form required by retirement plan. subsection (a) shall be made available for (1) by inserting ‘‘tuition-paying’’ after ‘‘(4) INTEREST.—Notwithstanding sub- taxable years beginning after the date of the ‘‘500’’ in subparagraph (A), and section (d), interest shall be allowed under enactment of this Act. (2) by inserting ‘‘tuition-paying’’ after ‘‘50 percent of the’’ in subparagraph (B). subsection (c) in a case in which the Sec- SEC. 41107. ATTORNEYS FEES RELATING TO retary makes a determination described in AWARDS TO WHISTLEBLOWERS. (b) EFFECTIVE DATE.—The amendments subsection (d)(2)(A) with respect to a levy (a) IN GENERAL.—Paragraph (21) of section made by this section shall apply to taxable upon an individual retirement plan. 62(a) is amended to read as follows: years beginning after December 31, 2017.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S750 CONGRESSIONAL RECORD — SENATE February 7, 2018 SEC. 41110. EXCEPTION FROM PRIVATE FOUNDA- amended by adding at the end the following SEC. 41115. OPPORTUNITY ZONES RULE FOR TION EXCESS BUSINESS HOLDING new section: PUERTO RICO. TAX FOR INDEPENDENTLY-OPER- ‘‘SEC. 13809. RULE OF CONSTRUCTION. (a) IN GENERAL.—Subsection (b) of section ATED PHILANTHROPIC BUSINESS 1400Z-1 is amended by adding at the end the HOLDINGS. ‘‘Nothing in this subpart, the amendments made by this subpart, or any regulation pro- following new paragraph: (a) IN GENERAL.—Section 4943 is amended ‘‘(3) SPECIAL RULE FOR PUERTO RICO.—Each by adding at the end the following new sub- mulgated under this subpart or the amend- ments made by this subpart, shall be con- population census tract in Puerto Rico that section: is a low- income community shall be deemed ‘‘(g) EXCEPTION FOR CERTAIN HOLDINGS LIM- strued to preempt, supersede, or otherwise to be certified and designated as a qualified ITED TO INDEPENDENTLY-OPERATED PHILAN- limit or restrict any State, local, or tribal opportunity zone, effective on the date of the THROPIC BUSINESS.— law that prohibits or regulates the produc- enactment of Public Law 115-97.’’. ‘‘(1) IN GENERAL.—Subsection (a) shall not tion or sale of distilled spirits, wine, or malt (b) CONFORMING AMENDMENT.—Section apply with respect to the holdings of a pri- beverages.’’. 1400Z-1(d)(1) is amended by inserting ‘‘and (b) EFFECTIVE DATE.—The amendment vate foundation in any business enterprise subsection (b)(3)’’ after ‘‘paragraph (2)’’. which meets the requirements of paragraphs made by this section shall take effect as if included in Public Law 115-97. SEC. 41116. TAX HOME OF CERTAIN CITIZENS OR (2), (3), and (4) for the taxable year. RESIDENTS OF THE UNITED STATES ‘‘(2) OWNERSHIP.—The requirements of this SEC. 41112. SIMPLIFICATION OF RULES REGARD- LIVING ABROAD. paragraph are met if— ING RECORDS, STATEMENTS, AND (a) IN GENERAL.—Paragraph (3) of section ‘‘(A) 100 percent of the voting stock in the RETURNS. 911(d) is amended by inserting before the pe- business enterprise is held by the private (a) IN GENERAL.—Subsection (a) of section riod at the end of the second sentence the foundation at all times during the taxable 5555 is amended by adding at the end the fol- following: ‘‘, unless such individual is serv- year, and lowing: ‘‘For calendar quarters beginning ing in an area designated by the President of ‘‘(B) all the private foundation’s ownership after the date of the enactment of this sen- the United States by Executive order as a interests in the business enterprise were ac- tence, and before January 1, 2020, the Sec- combat zone for purposes of section 112 in quired by means other than by purchase. retary shall permit a person to employ a uni- support of the Armed Forces of the United ‘‘(3) ALL PROFITS TO CHARITY.— fied system for any records, statements, and States’’. ‘‘(A) IN GENERAL.—The requirements of returns required to be kept, rendered, or (b) EFFECTIVE DATE.—The amendment this paragraph are met if the business enter- made under this section for any beer pro- made by this section shall apply to taxable prise, not later than 120 days after the close duced in the brewery for which the tax im- years beginning after December 31, 2017. of the taxable year, distributes an amount posed by section 5051 has been determined, SEC. 41117. TREATMENT OF FOREIGN PERSONS equal to its net operating income for such including any beer which has been removed FOR RETURNS RELATING TO PAY- taxable year to the private foundation. for consumption on the premises of the brew- MENTS MADE IN SETTLEMENT OF ‘‘(B) NET OPERATING INCOME.—For purposes ery.’’. PAYMENT CARD AND THIRD PARTY NETWORK TRANSACTIONS. of this paragraph, the net operating income (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 6050W(d)(1)(B) is of any business enterprise for any taxable made by this section shall apply to calendar amended by adding at the end the following: year is an amount equal to the gross income quarters beginning after the date of the en- ‘‘Notwithstanding the preceding sentence, a of the business enterprise for the taxable actment of this Act. person with only a foreign address shall not year, reduced by the sum of— SEC. 41113. MODIFICATION OF RULES GOV- be treated as a participating payee with re- ‘‘(i) the deductions allowed by chapter 1 for ERNING HARDSHIP DISTRIBUTIONS. spect to any payment settlement entity sole- the taxable year which are directly con- (a) IN GENERAL.—Not later than 1 year ly because such person receives payments nected with the production of such income, after the date of the enactment of this Act, from such payment settlement entity in dol- ‘‘(ii) the tax imposed by chapter 1 on the the Secretary of the Treasury shall modify lars.’’. business enterprise for the taxable year, and Treasury Regulation section 1.401(k)– (b) EFFECTIVE DATE.—The amendment ‘‘(iii) an amount for a reasonable reserve 1(d)(3)(iv)(E) to— made by this section shall apply to returns for working capital and other business needs (1) delete the 6-month prohibition on con- for calendar years beginning after December of the business enterprise. tributions imposed by paragraph (2) thereof, 31, 2017. ‘‘(4) INDEPENDENT OPERATION.—The require- and SEC. 41118. REPEAL OF SHIFT IN TIME OF PAY- ments of this paragraph are met if, at all (2) make any other modifications nec- MENT OF CORPORATE ESTIMATED times during the taxable year— essary to carry out the purposes of section TAXES. ‘‘(A) no substantial contributor (as defined 401(k)(2)(B)(i)(IV) of the Internal Revenue The Trade Preferences Extension Act of in section 4958(c)(3)(C)) to the private foun- Code of 1986. 2015 is amended by striking section 803 (re- dation or family member (as determined (b) EFFECTIVE DATE.—The revised regula- lating to time for payment of corporate esti- under section 4958(f)(4)) of such a contributor tions under this section shall apply to plan mated taxes). is a director, officer, trustee, manager, em- years beginning after December 31, 2018. SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE ployee, or contractor of the business enter- SEC. 41114. MODIFICATION OF RULES RELATING SEQUESTRATION CREDIT. prise (or an individual having powers or re- TO HARDSHIP WITHDRAWALS FROM (a) IN GENERAL.—Section 45Q is amended to sponsibilities similar to any of the fore- CASH OR DEFERRED ARRANGE- read as follows: going), MENTS. ‘‘SEC. 45Q. CREDIT FOR CARBON OXIDE SEQUES- ‘‘(B) at least a majority of the board of di- (a) IN GENERAL.—Section 401(k) is amended TRATION. rectors of the private foundation are persons by adding at the end the following: ‘‘(a) GENERAL RULE.—For purposes of sec- who are not— ‘‘(14) SPECIAL RULES RELATING TO HARDSHIP tion 38, the carbon oxide sequestration credit ‘‘(i) directors or officers of the business en- WITHDRAWALS.—For purposes of paragraph for any taxable year is an amount equal to terprise, or (2)(B)(i)(IV)— the sum of— ‘‘(ii) family members (as so determined) of ‘‘(A) AMOUNTS WHICH MAY BE WITHDRAWN.— ‘‘(1) $20 per metric ton of qualified carbon a substantial contributor (as so defined) to The following amounts may be distributed oxide which is— the private foundation, and upon hardship of the employee: ‘‘(A) captured by the taxpayer using car- ‘‘(C) there is no loan outstanding from the ‘‘(i) Contributions to a profit-sharing or bon capture equipment which is originally business enterprise to a substantial contrib- stock bonus plan to which section 402(e)(3) placed in service at a qualified facility before utor (as so defined) to the private foundation applies. the date of the enactment of the Bipartisan or to any family member of such a contrib- ‘‘(ii) Qualified nonelective contributions Budget Act of 2018, and utor (as so determined). (as defined in subsection (m)(4)(C)). ‘‘(B) disposed of by the taxpayer in secure ‘‘(5) CERTAIN DEEMED PRIVATE FOUNDATIONS ‘‘(iii) Qualified matching contributions de- geological storage and not used by the tax- EXCLUDED.—This subsection shall not apply scribed in paragraph (3)(D)(ii)(I). payer as described in paragraph (2)(B), to— ‘‘(iv) Earnings on any contributions de- ‘‘(2) $10 per metric ton of qualified carbon ‘‘(A) any fund or organization treated as a scribed in clause (i), (ii), or (iii). oxide which is— private foundation for purposes of this sec- ‘‘(B) NO REQUIREMENT TO TAKE AVAILABLE ‘‘(A) captured by the taxpayer using car- tion by reason of subsection (e) or (f), LOAN.—A distribution shall not be treated as bon capture equipment which is originally ‘‘(B) any trust described in section failing to be made upon the hardship of an placed in service at a qualified facility before 4947(a)(1) (relating to charitable trusts), and employee solely because the employee does the date of the enactment of the Bipartisan ‘‘(C) any trust described in section not take any available loan under the plan.’’. Budget Act of 2018, and 4947(a)(2) (relating to split-interest trusts).’’. (b) CONFORMING AMENDMENT.—Section ‘‘(B)(i) used by the taxpayer as a tertiary (b) EFFECTIVE DATE.—The amendment 401(k)(2)(B)(i)(IV) is amended to read as fol- injectant in a qualified enhanced oil or nat- made by this section shall apply to taxable lows: ural gas recovery project and disposed of by years beginning after December 31, 2017. ‘‘(IV) subject to the provisions of para- the taxpayer in secure geological storage, or SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT graph (14), upon hardship of the employee, ‘‘(ii) utilized by the taxpayer in a manner BEVERAGE MODERNIZATION AND or’’. described in subsection (f)(5), TAX REFORM. (c) EFFECTIVE DATE.—The amendments ‘‘(3) the applicable dollar amount (as deter- (a) IN GENERAL.—Subpart A of part IX of made by this section shall apply to plan mined under subsection (b)(1)) per metric ton subtitle C of title I of Public Law 115-97 is years beginning after December 31, 2018. of qualified carbon oxide which is—

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‘‘(A) captured by the taxpayer using car- ‘‘(3) ELECTION.—For purposes of deter- ‘‘(A) IN GENERAL.—Subject to subparagraph bon capture equipment which is originally mining the carbon oxide sequestration credit (B), the term ‘direct air capture facility’ placed in service at a qualified facility on or under this section, a taxpayer may elect to means any facility which uses carbon cap- after the date of the enactment of the Bipar- have the dollar amounts applicable under ture equipment to capture carbon dioxide di- tisan Budget Act of 2018, during the 12-year paragraph (1) or (2) of subsection (a) apply in rectly from the ambient air. period beginning on the date the equipment lieu of the dollar amounts applicable under ‘‘(B) EXCEPTION.—The term ‘direct air cap- was originally placed in service, and paragraph (3) or (4) of such subsection for ture facility’ shall not include any facility ‘‘(B) disposed of by the taxpayer in secure each metric ton of qualified carbon oxide which captures carbon dioxide— geological storage and not used by the tax- which is captured by the taxpayer using car- ‘‘(i) which is deliberately released from payer as described in paragraph (4)(B), and bon capture equipment which is originally naturally occurring subsurface springs, or ‘‘(4) the applicable dollar amount (as deter- placed in service at a qualified facility on or ‘‘(ii) using natural photosynthesis. mined under subsection (b)(1)) per metric ton after the date of the enactment of the Bipar- ‘‘(2) QUALIFIED ENHANCED OIL OR NATURAL of qualified carbon oxide which is— tisan Budget Act of 2018. GAS RECOVERY PROJECT.—The term ‘qualified ‘‘(A) captured by the taxpayer using car- ‘‘(c) QUALIFIED CARBON OXIDE.—For pur- enhanced oil or natural gas recovery project’ bon capture equipment which is originally poses of this section— has the meaning given the term ‘qualified placed in service at a qualified facility on or ‘‘(1) IN GENERAL.—The term ‘qualified car- enhanced oil recovery project’ by section after the date of the enactment of the Bipar- bon oxide’ means— 43(c)(2), by substituting ‘crude oil or natural tisan Budget Act of 2018, during the 12-year ‘‘(A) any carbon dioxide which— gas’ for ‘crude oil’ in subparagraph (A)(i) period beginning on the date the equipment ‘‘(i) is captured from an industrial source thereof. was originally placed in service, and by carbon capture equipment which is origi- ‘‘(3) TERTIARY INJECTANT.—The term ‘ter- ‘‘(B)(i) used by the taxpayer as a tertiary nally placed in service before the date of the tiary injectant’ has the same meaning as injectant in a qualified enhanced oil or nat- enactment of the Bipartisan Budget Act of when used within section 193(b)(1). ural gas recovery project and disposed of by 2018, ‘‘(f) SPECIAL RULES.— the taxpayer in secure geological storage, or ‘‘(ii) would otherwise be released into the ‘‘(1) ONLY QUALIFIED CARBON OXIDE CAP- ‘‘(ii) utilized by the taxpayer in a manner atmosphere as industrial emission of green- TURED AND DISPOSED OF OR USED WITHIN THE described in subsection (f)(5). house gas or lead to such release, and UNITED STATES TAKEN INTO ACCOUNT.—The ‘‘(iii) is measured at the source of capture credit under this section shall apply only ‘‘(b) APPLICABLE DOLLAR AMOUNT; ADDI- and verified at the point of disposal, injec- with respect to qualified carbon oxide the TIONAL EQUIPMENT; ELECTION.— tion, or utilization, capture and disposal, use, or utilization of ‘‘(1) APPLICABLE DOLLAR AMOUNT.— ‘‘(B) any carbon dioxide or other carbon which is within— ‘‘(A) IN GENERAL.—The applicable dollar oxide which— ‘‘(A) the United States (within the mean- amount shall be an amount equal to— ‘‘(i) is captured from an industrial source ing of section 638(1)), or ‘‘(i) for any taxable year beginning in a by carbon capture equipment which is origi- ‘‘(B) a possession of the United States calendar year after 2016 and before 2027— nally placed in service on or after the date of (within the meaning of section 638(2)). ‘‘(I) for purposes of paragraph (3) of sub- the enactment of the Bipartisan Budget Act ‘‘(2) SECURE GEOLOGICAL STORAGE.—The section (a), the dollar amount established by of 2018, Secretary, in consultation with the Adminis- linear interpolation between $22.66 and $50 ‘‘(ii) would otherwise be released into the trator of the Environmental Protection for each calendar year during such period, atmosphere as industrial emission of green- Agency, the Secretary of Energy, and the and house gas or lead to such release, and Secretary of the Interior, shall establish reg- ‘‘(II) for purposes of paragraph (4) of such ‘‘(iii) is measured at the source of capture ulations for determining adequate security subsection, the dollar amount established by and verified at the point of disposal, injec- measures for the geological storage of quali- linear interpolation between $12.83 and $35 tion, or utilization, or fied carbon oxide under subsection (a) such for each calendar year during such period, ‘‘(C) in the case of a direct air capture fa- that the qualified carbon oxide does not es- and cility, any carbon dioxide which— cape into the atmosphere. Such term shall ‘‘(ii) for any taxable year beginning in a ‘‘(i) is captured directly from the ambient include storage at deep saline formations, oil calendar year after 2026— air, and and gas reservoirs, and unminable coal ‘‘(I) for purposes of paragraph (3) of sub- ‘‘(ii) is measured at the source of capture seams under such conditions as the Sec- section (a), an amount equal to the product and verified at the point of disposal, injec- retary may determine under such regula- of $50 and the inflation adjustment factor for tion, or utilization. tions. such calendar year determined under section ‘‘(2) RECYCLED CARBON OXIDE.—The term ‘‘(3) CREDIT ATTRIBUTABLE TO TAXPAYER.— 43(b)(3)(B) for such calendar year, deter- ‘qualified carbon oxide’ includes the initial ‘‘(A) IN GENERAL.—Except as provided in mined by substituting ‘2025’ for ‘1990’, and deposit of captured carbon oxide used as a subparagraph (B) or in any regulations pre- ‘‘(II) for purposes of paragraph (4) of such tertiary injectant. Such term does not in- scribed by the Secretary, any credit under subsection, an amount equal to the product clude carbon oxide that is recaptured, recy- this section shall be attributable to— of $35 and the inflation adjustment factor for cled, and re-injected as part of the enhanced ‘‘(i) in the case of qualified carbon oxide such calendar year determined under section oil and natural gas recovery process. captured using carbon capture equipment 43(b)(3)(B) for such calendar year, deter- ‘‘(d) QUALIFIED FACILITY.—For purposes of which is originally placed in service at a mined by substituting ‘2025’ for ‘1990’. this section, the term ‘qualified facility’ qualified facility before the date of the en- ‘‘(B) ROUNDING.—The applicable dollar means any industrial facility or direct air actment of the Bipartisan Budget Act of amount determined under subparagraph (A) capture facility— 2018, the person that captures and physically shall be rounded to the nearest cent. ‘‘(1) the construction of which begins be- or contractually ensures the disposal, utili- ‘‘(2) INSTALLATION OF ADDITIONAL CARBON fore January 1, 2024, and— zation, or use as a tertiary injectant of such CAPTURE EQUIPMENT ON EXISTING QUALIFIED ‘‘(A) construction of carbon capture equip- qualified carbon oxide, and FACILITY.—In the case of a qualified facility ment begins before such date, or ‘‘(ii) in the case of qualified carbon oxide placed in service before the date of the en- ‘‘(B) the original planning and design for captured using carbon capture equipment actment of the Bipartisan Budget Act of such facility includes installation of carbon which is originally placed in service at a 2018, for which additional carbon capture capture equipment, and qualified facility on or after the date of the equipment is placed in service on or after the ‘‘(2) which captures— enactment of the Bipartisan Budget Act of date of the enactment of such Act, the ‘‘(A) in the case of a facility which emits 2018, the person that owns the carbon cap- amount of qualified carbon oxide which is not more than 500,000 metric tons of carbon ture equipment and physically or contrac- captured by the taxpayer shall be equal to— oxide into the atmosphere during the taxable tually ensures the capture and disposal, uti- ‘‘(A) for purposes of paragraphs (1)(A) and year, not less than 25,000 metric tons of lization, or use as a tertiary injectant of (2)(A) of subsection (a), the lesser of— qualified carbon oxide during the taxable such qualified carbon oxide. ‘‘(i) the total amount of qualified carbon year which is utilized in a manner described ‘‘(B) ELECTION.—If the person described in oxide captured at such facility for the tax- in subsection (f)(5), subparagraph (A) makes an election under able year, or ‘‘(B) in the case of an electricity gener- this subparagraph in such time and manner ‘‘(ii) the total amount of the carbon diox- ating facility which is not described in sub- as the Secretary may prescribe by regula- ide capture capacity of the carbon capture paragraph (A), not less than 500,000 metric tions, the credit under this section— equipment in service at such facility on the tons of qualified carbon oxide during the tax- ‘‘(i) shall be allowable to the person that day before the date of the enactment of the able year, or disposes of the qualified carbon oxide, uti- Bipartisan Budget Act of 2018, and ‘‘(C) in the case of a direct air capture fa- lizes the qualified carbon oxide, or uses the ‘‘(B) for purposes of paragraphs (3)(A) and cility or any facility not described in sub- qualified carbon oxide as a tertiary (4)(A) of such subsection, an amount (not paragraph (A) or (B), not less than 100,000 injectant, and less than zero) equal to the excess of— metric tons of qualified carbon oxide during ‘‘(ii) shall not be allowable to the person ‘‘(i) the amount described in clause (i) of the taxable year. described in subparagraph (A). subparagraph (A), over ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(4) RECAPTURE.—The Secretary shall, by ‘‘(ii) the amount described in clause (ii) of tion— regulations, provide for recapturing the ben- such subparagraph. ‘‘(1) DIRECT AIR CAPTURE FACILITY.— efit of any credit allowable under subsection

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(a) with respect to any qualified carbon oxide ‘‘(g) APPLICATION OF SECTION FOR CERTAIN Sec. 50302. Expanding access to home dialy- which ceases to be captured, disposed of, or CARBON CAPTURE EQUIPMENT.—In the case of sis therapy. used as a tertiary injectant in a manner con- any carbon capture equipment placed in Subtitle B—Advancing Team-Based Care sistent with the requirements of this section. service before the date of the enactment of Sec. 50311. Providing continued access to ‘‘(5) UTILIZATION OF QUALIFIED CARBON the Bipartisan Budget Act of 2018, the credit Medicare Advantage special OXIDE.— under this section shall apply with respect to needs plans for vulnerable pop- ‘‘(A) IN GENERAL.—For purposes of this sec- qualified carbon oxide captured using such ulations. tion, utilization of qualified carbon oxide equipment before the end of the calendar year in which the Secretary, in consultation Subtitle C—Expanding Innovation and means— Technology ‘‘(i) the fixation of such qualified carbon with the Administrator of the Environ- Sec. 50321. Adapting benefits to meet the oxide through photosynthesis or mental Protection Agency, certifies that, needs of chronically ill Medi- chemosynthesis, such as through the grow- during the period beginning after October 3, care Advantage enrollees. ing of algae or bacteria, 2008, a total of 75,000,000 metric tons of quali- fied carbon oxide have been taken into ac- Sec. 50322. Expanding supplemental benefits ‘‘(ii) the chemical conversion of such quali- to meet the needs of chron- fied carbon oxide to a material or chemical count in accordance with— ‘‘(1) subsection (a) of this section, as in ef- ically ill Medicare Advantage compound in which such qualified carbon enrollees. oxide is securely stored, or fect on the day before the date of the enact- ment of the Bipartisan Budget Act of 2018, Sec. 50323. Increasing convenience for Medi- ‘‘(iii) the use of such qualified carbon oxide care Advantage enrollees for any other purpose for which a commer- and ‘‘(2) paragraphs (1) and (2) of subsection (a) through telehealth. cial market exists (with the exception of use Sec. 50324. Providing accountable care orga- as a tertiary injectant in a qualified en- of this section. ‘‘(h) REGULATIONS.—The Secretary may nizations the ability to expand hanced oil or natural gas recovery project), prescribe such regulations and other guid- the use of telehealth. as determined by the Secretary. ance as may be necessary or appropriate to Sec. 50325. Expanding the use of telehealth ‘‘(B) MEASUREMENT.— carry out this section, including regulations for individuals with stroke. ‘‘(i) IN GENERAL.—For purposes of deter- or other guidance to— Subtitle D—Identifying the Chronically Ill mining the amount of qualified carbon oxide ‘‘(1) ensure proper allocation under sub- Population utilized by the taxpayer under paragraph section (a) for qualified carbon oxide cap- Sec. 50331. Providing flexibility for bene- (2)(B)(ii) or (4)(B)(ii) of subsection (a), such tured by a taxpayer during the taxable year ficiaries to be part of an ac- amount shall be equal to the metric tons of ending after the date of the enactment of the countable care organization. qualified carbon oxide which the taxpayer Bipartisan Budget Act of 2018, and Subtitle E—Empowering Individuals and demonstrates, based upon an analysis of ‘‘(2) determine whether a facility satisfies Caregivers in Care Delivery lifecycle greenhouse gas emissions and sub- the requirements under subsection (d)(1) dur- ject to such requirements as the Secretary, Sec. 50341. Eliminating barriers to care co- ing such taxable year.’’. ordination under accountable in consultation with the Secretary of Energy (b) EFFECTIVE DATE.—The amendment and the Administrator of the Environmental care organizations. made by this section shall apply to taxable Sec. 50342. GAO study and report on longitu- Protection Agency, determines appropriate, years beginning after December 31, 2017. were— dinal comprehensive care plan- DIVISION E—HEALTH AND HUMAN ‘‘(I) captured and permanently isolated ning services under Medicare SERVICES EXTENDERS from the atmosphere, or part B. ‘‘(II) displaced from being emitted into the SEC. 50100. SHORT TITLE; TABLE OF CONTENTS. Subtitle F—Other Policies to Improve Care atmosphere, (a) SHORT TITLE.—This division may be for the Chronically Ill through use of a process described in sub- cited as the ‘‘Advancing Chronic Care, Ex- Sec. 50351. GAO study and report on improv- paragraph (A). tenders, and Social Services (ACCESS) Act’’ ing medication synchroni- (b) TABLE OF CONTENTS.—The table of con- ‘‘(ii) LIFECYCLE GREENHOUSE GAS EMIS- zation. tents for this division is as follows: SIONS.—For purposes of clause (i), the term Sec. 50352. GAO study and report on impact ‘lifecycle greenhouse gas emissions’ has the DIVISION E—HEALTH AND HUMAN of obesity drugs on patient same meaning given such term under sub- SERVICES EXTENDERS health and spending. paragraph (H) of section 211(o)(1) of the Clean Sec. 50100. Short title; table of contents. Sec. 50353. HHS study and report on long- Air Act (42 U.S.C. 7545(o)(1)), as in effect on TITLE I—CHIP term risk factors for chronic the date of the enactment of the Bipartisan Sec. 50101. Funding extension of the Chil- conditions among Medicare Budget Act of 2018, except that ‘product’ dren’s Health Insurance Pro- beneficiaries. Sec. 50354. Providing prescription drug plans shall be substituted for ‘fuel’ each place it gram through fiscal year 2027. appears in such subparagraph. Sec. 50102. Extension of pediatric quality with parts A and B claims data ‘‘(6) ELECTION FOR APPLICABLE FACILITIES.— measures program. to promote the appropriate use ‘‘(A) IN GENERAL.—For purposes of this sec- Sec. 50103. Extension of outreach and enroll- of medications and improve tion, in the case of an applicable facility, for ment program. health outcomes. any taxable year in which such facility cap- TITLE II—MEDICARE EXTENDERS TITLE IV—PART B IMPROVEMENT ACT tures not less than 500,000 metric tons of Sec. 50201. Extension of work GPCI floor. AND OTHER PART B ENHANCEMENTS qualified carbon oxide during the taxable Sec. 50202. Repeal of Medicare payment cap Subtitle A—Medicare Part B Improvement year, the person described in paragraph for therapy services; limitation Act (3)(A)(ii) may elect to have such facility, and to ensure appropriate therapy. Sec. 50401. Home infusion therapy services any carbon capture equipment placed in Sec. 50203. Medicare ambulance services. temporary transitional pay- service at such facility, deemed as having Sec. 50204. Extension of increased inpatient ment. been placed in service on the date of the en- hospital payment adjustment Sec. 50402. Orthotist’s and prosthetist’s clin- actment of the Bipartisan Budget Act of for certain low-volume hos- ical notes as part of the pa- 2018. pitals. tient’s medical record. ‘‘(B) APPLICABLE FACILITY.—For purposes Sec. 50205. Extension of the Medicare-de- Sec. 50403. Independent accreditation for di- of this paragraph, the term ‘applicable facil- pendent hospital (MDH) pro- alysis facilities and assurance ity’ means a qualified facility— gram. of high quality surveys. ‘‘(i) which was placed in service before the Sec. 50206. Extension of funding for quality Sec. 50404. Modernizing the application of date of the enactment of the Bipartisan measure endorsement, input, the Stark rule under Medicare. Budget Act of 2018, and and selection; reporting re- Subtitle B—Additional Medicare Provisions quirements. ‘‘(ii) for which no taxpayer claimed a cred- Sec. 50411. Making permanent the removal it under this section in regards to such facil- Sec. 50207. Extension of funding outreach and assistance for low-income of the rental cap for durable ity for any taxable year ending before the medical equipment under Medi- date of the enactment of such Act. programs; State health insur- ance assistance program report- care with respect to speech gen- ‘‘(7) INFLATION ADJUSTMENT.—In the case of erating devices. any taxable year beginning in a calendar ing requirements. Sec. 50208. Extension of home health rural Sec. 50412. Increased civil and criminal pen- year after 2009, there shall be substituted for add-on. alties and increased sentences each dollar amount contained in paragraphs for Federal health care program TITLE III—CREATING HIGH-QUALITY RE- (1) and (2) of subsection (a) an amount equal fraud and abuse. to the product of— SULTS AND OUTCOMES NECESSARY TO Sec. 50413. Reducing the volume of future ‘‘(A) such dollar amount, multiplied by IMPROVE CHRONIC (CHRONIC) CARE EHR-related significant hard- ‘‘(B) the inflation adjustment factor for Subtitle A—Receiving High Quality Care in ship requests. such calendar year determined under section the Home Sec. 50414. Strengthening rules in case of 43(b)(3)(B) for such calendar year, deter- Sec. 50301. Extending the Independence at competition for diabetic testing mined by substituting ‘2008’ for ‘1990’. Home Demonstration Program. strips.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0655 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S753 TITLE V—OTHER HEALTH EXTENDERS Sec. 50743. Protocols to prevent inappro- Sec. 51008. Allowing physician assistants, Sec. 50501. Extension for family-to-family priate diagnoses. nurse practitioners, and clin- health information centers. Sec. 50744. Additional data and reports re- ical nurse specialists to super- Sec. 50502. Extension for sexual risk avoid- garding children placed in a vise cardiac, intensive cardiac, ance education. setting that is not a foster fam- and pulmonary rehabilitation Sec. 50503. Extension for personal responsi- ily home. programs. bility education. Sec. 50745. Criminal records checks and Sec. 51009. Transitional payment rules for checks of child abuse and ne- TITLE VI—CHILD AND FAMILY SERVICES certain radiation therapy serv- glect registries for adults work- AND SUPPORTS EXTENDERS ices under the physician fee ing in child-care institutions schedule. Subtitle A—Continuing the Maternal, Infant, and other group care settings. TITLE XI—PROTECTING SENIORS’ and Early Childhood Home Visiting Program Sec. 50746. Effective dates; application to ACCESS TO MEDICARE ACT Sec. 50601. Continuing evidence-based home waivers. Sec. 52001. Repeal of the Independent Pay- visiting program. PART V—CONTINUING SUPPORT FOR CHILD ment Advisory Board. Sec. 50602. Continuing to demonstrate re- AND FAMILY SERVICES sults to help families. TITLE XII—OFFSETS Sec. 50751. Supporting and retaining foster Sec. 50603. Reviewing statewide needs to tar- Sec. 53101. Modifying reductions in Medicaid families for children. get resources. DSH allotments. Sec. 50752. Extension of child and family Sec. 50604. Improving the likelihood of suc- Sec. 53102. Third party liability in Medicaid services programs. cess in high-risk communities. and CHIP. Sec. 50753. Improvements to the John H. Sec. 50605. Option to fund evidence-based Sec. 53103. Treatment of lottery winnings Chafee foster care independence home visiting on a pay for out- and other lump-sum income for program and related provisions. come basis. purposes of income eligibility Sec. 50606. Data exchange standards for im- PART VI—CONTINUING INCENTIVES TO STATES under Medicaid. proved interoperability. TO PROMOTE ADOPTION AND LEGAL GUARD- Sec. 53104. Rebate obligation with respect to Sec. 50607. Allocation of funds. IANSHIP line extension drugs. Sec. 53105. Medicaid Improvement Fund. Subtitle B—Extension of Health Professions Sec. 50761. Reauthorizing adoption and legal guardianship incentive pro- Sec. 53106. Physician fee schedule update. Workforce Demonstration Projects Sec. 53107. Payment for outpatient physical grams. Sec. 50611. Extension of health workforce therapy services and outpatient demonstration projects for low- PART VII—TECHNICAL CORRECTIONS occupational therapy services income individuals. Sec. 50771. Technical corrections to data ex- furnished by a therapy assist- TITLE VII—FAMILY FIRST PREVENTION change standards to improve ant. SERVICES ACT program coordination. Sec. 53108. Reduction for non-emergency Sec. 50772. Technical corrections to State ESRD ambulance transports. Subtitle A—Investing in Prevention and requirement to address the de- Sec. 53109. Hospital transfer policy for early Supporting Families velopmental needs of young discharges to hospice care. Sec. 50701. Short title. children. Sec. 53110. Medicare payment update for Sec. 50702. Purpose. PART VIII—ENSURING STATES REINVEST home health services. Sec. 53111. Medicare payment update for PART I—PREVENTION ACTIVITIES UNDER SAVINGS RESULTING FROM INCREASE IN skilled nursing facilities. TITLE IV–E ADOPTION ASSISTANCE Sec. 53112. Preventing the artificial infla- Sec. 50711. Foster care prevention services Sec. 50781. Delay of adoption assistance tion of star ratings after the and programs. phase-in. consolidation of Medicare Ad- Sec. 50712. Foster care maintenance pay- Sec. 50782. GAO study and report on State vantage plans offered by the ments for children with parents reinvestment of savings result- same organization. in a licensed residential family- ing from increase in adoption Sec. 53113. Sunsetting exclusion of based treatment facility for assistance. biosimilars from Medicare part substance abuse. TITLE VIII—SUPPORTING SOCIAL IM- D coverage gap discount pro- Sec. 50713. Title IV–E payments for evi- PACT PARTNERSHIPS TO PAY FOR RE- gram. dence-based kinship navigator SULTS Sec. 53114. Adjustments to Medicare part B programs. Sec. 50801. Short title. and part D premium subsidies PART II—ENHANCED SUPPORT UNDER TITLE Sec. 50802. Social impact partnerships to pay for higher income individuals. IV–B for results. Sec. 53115. Medicare Improvement Fund. Sec. 53116. Closing the Donut Hole for Sen- Sec. 50721. Elimination of time limit for TITLE IX—PUBLIC HEALTH PROGRAMS family reunification services iors. while in foster care and permit- Sec. 50901. Extension for community health Sec. 53117. Modernizing child support en- ting time-limited family reuni- centers, the National Health forcement fees. fication services when a child Service Corps, and teaching Sec. 53118. Increasing efficiency of prison returns home from foster care. health centers that operate data reporting. Sec. 50722. Reducing bureaucracy and unnec- GME programs. Sec. 53119. Prevention and Public Health essary delays when placing Sec. 50902. Extension for special diabetes Fund. children in homes across State programs. TITLE I—CHIP lines. TITLE X—MISCELLANEOUS HEALTH SEC. 50101. FUNDING EXTENSION OF THE CHIL- Sec. 50723. Enhancements to grants to im- CARE POLICIES DREN’S HEALTH INSURANCE PRO- prove well-being of families af- Sec. 51001. Home health payment reform. GRAM THROUGH FISCAL YEAR 2027. fected by substance abuse. Sec. 51002. Information to satisfy docu- (a) IN GENERAL.—Section 2104(a) of the So- cial Security Act (42 U.S.C. 1397dd(a)), as PART III—MISCELLANEOUS mentation of Medicare eligi- bility for home health services. amended by section 3002(a) of the HEALTHY Sec. 50731. Reviewing and improving licens- Sec. 51003. Technical amendments to Public KIDS Act (division C of Public Law 115–120), ing standards for placement in Law 114–10. is amended— a relative foster family home. Sec. 51004. Expanded access to Medicare in- (1) in paragraph (25), by striking ‘‘; and’’ Sec. 50732. Development of a statewide plan tensive cardiac rehabilitation and inserting a semicolon; to prevent child abuse and ne- programs. (2) in paragraph (26), by striking the period glect fatalities. Sec. 51005. Extension of blended site neutral at the end and inserting a semicolon; and Sec. 50733. Modernizing the title and purpose payment rate for certain long- (3) by adding at the end the following new of title IV–E. term care hospital discharges; paragraphs: Sec. 50734. Effective dates. temporary adjustment to site ‘‘(27) for each of fiscal years 2024 through PART IV—ENSURING THE NECESSITY OF A neutral payment rates. 2026, such sums as are necessary to fund al- PLACEMENT THAT IS NOT IN A FOSTER FAM- Sec. 51006. Recognition of attending physi- lotments to States under subsections (c) and ILY HOME cian assistants as attending (m); and Sec. 50741. Limitation on Federal financial physicians to serve hospice pa- ‘‘(28) for fiscal year 2027, for purposes of participation for placements tients. making two semi-annual allotments— that are not in foster family Sec. 51007. Extension of enforcement in- ‘‘(A) $7,650,000,000 for the period beginning homes. struction on supervision re- on October 1, 2026, and ending on March 31, Sec. 50742. Assessment and documentation quirements for outpatient 2027; and of the need for placement in a therapeutic services in critical ‘‘(B) $7,650,000,000 for the period beginning qualified residential treatment access and small rural hospitals on April 1, 2027, and ending on September 30, program. through 2017. 2027.’’.

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(b) ALLOTMENTS.— ‘‘(ii) the sum of— (B) in subparagraph (A), in the matter pre- (1) IN GENERAL.—Section 2104(m) of the So- ‘‘(I) the amount described in clause (i); and ceding clause (i), by striking ‘‘2023’’ each cial Security Act (42 U.S.C. 1397dd(m)), as ‘‘(II) the amount made available under sub- place it appears and inserting ‘‘2027’’. amended by section 3002(b) of the HEALTHY section (a)(28)(B).’’. (2) CONFORMING AMENDMENTS.—Section KIDS Act (division C of Public Law 115–120), (2) ONE-TIME APPROPRIATION FOR FISCAL 1902(gg)(2) of the Social Security Act (42 is amended— YEAR 2027.—There is appropriated to the Sec- U.S.C. 1396a(gg)(2)), as amended by section (A) in paragraph (2)(B)— retary of Health and Human Services, out of 3002(f)(2) of the HEALTHY KIDS Act (divi- (i) in the matter preceding clause (i), by any money in the Treasury not otherwise ap- sion C of Public Law 115–120), is amended— striking ‘‘(25)’’ and inserting ‘‘(27)’’; propriated, such sums as are necessary to (A) in the paragraph heading, by striking (ii) in clause (i), by striking ‘‘and 2023’’ and fund allotments to States under subsections ‘‘THROUGH SEPTEMBER 30, 2023’’ and inserting inserting ‘‘, 2023, and 2027’’; and (c) and (m) of section 2104 of the Social Secu- ‘‘THROUGH SEPTEMBER 30, 2027’’; and (iii) in clause (ii)(I), by striking ‘‘(or, in rity Act (42 U.S.C. 1397dd) for fiscal year 2027, (B) by striking ‘‘2023,’’ each place it ap- the case of fiscal year 2018, under paragraph taking into account the full year amounts pears and inserting ‘‘2027’’. (4))’’ and inserting ‘‘(or, in the case of fiscal calculated for States under paragraph (11)(C) SEC. 50102. EXTENSION OF PEDIATRIC QUALITY year 2018 or 2024, under paragraph (4) or (10), of subsection (m) of such section (as added MEASURES PROGRAM. respectively)’’; by paragraph (1)) and the amounts appro- (a) IN GENERAL.—Section 1139A(i)(1) of the (B) in paragraph (5)— priated under subparagraphs (A) and (B) of Social Security Act (42 U.S.C. 1320b–9a(i)(1)), (i) by striking ‘‘or (10)’’ and inserting ‘‘(10), subsection (a)(28) of such section (as added as amended by section 3003(b) of the or (11)’’; and by subsection (a)). Such amount shall accom- HEALTHY KIDS Act (division C of Public (ii) by striking ‘‘or 2023,’’ and inserting pany the allotment made for the period be- Law 115–120), is amended— ‘‘2023, or 2027,’’; ginning on October 1, 2026, and ending on (1) in subparagraph (B), by striking ‘‘; and’’ (C) in paragraph (7)— March 31, 2027, under paragraph (28)(A) of and inserting a semicolon; (i) in subparagraph (A), by striking ‘‘2023’’ section 2104(a) of such Act (42 U.S.C. (2) in subparagraph (C), by striking the pe- and inserting ‘‘2027,’’; and 1397dd(a)), to remain available until ex- riod at the end and inserting ‘‘; and’’; and (ii) in the matter following subparagraph pended. Such amount shall be used to pro- (3) by adding at the end the following new (B), by striking ‘‘or fiscal year 2022’’ and in- vide allotments to States under paragraph subparagraph: serting ‘‘fiscal year 2022, fiscal year 2024, or (11) of section 2104(m) of such Act for the ‘‘(D) for the period of fiscal years 2024 fiscal year 2026’’; first 6 months of fiscal year 2027 in the same through 2027, $60,000,000 for the purpose of (D) in paragraph (9)— manner as allotments are provided under carrying out this section (other than sub- (i) by striking ‘‘or (10)’’ and inserting ‘‘(10), subsection (a)(28)(A) of such section 2104 and sections (e), (f), and (g)).’’. or (11)’’; and subject to the same terms and conditions as (ii) by striking ‘‘or 2023,’’ and inserting apply to the allotments provided from such (b) MAKING REPORTING MANDATORY.—Sec- ‘‘2023, or 2027,’’; and subsection (a)(28)(A). tion 1139A of the Social Security Act (42 (E) by adding at the end the following: (c) EXTENSION OF THE CHILD ENROLLMENT U.S.C. 1320b–9a) is amended— ‘‘(11) FOR FISCAL YEAR 2027.— CONTINGENCY FUND.—Section 2104(n) of the (1) in subsection (a)— ‘‘(A) FIRST HALF.—Subject to paragraphs Social Security Act (42 U.S.C. 1397dd(n)), as (A) in the heading for paragraph (4), by in- (5) and (7), from the amount made available amended by section 3002(c) of the HEALTHY serting ‘‘AND MANDATORY REPORTING’’ after under subparagraph (A) of paragraph (28) of KIDS Act (division C of Public Law 115–120), ‘‘REPORTING’’; subsection (a) for the semi-annual period de- is amended— (B) in paragraph (4)— scribed in such subparagraph, increased by (1) in paragraph (2)— (i) by striking ‘‘Not later than’’ and insert- the amount of the appropriation for such pe- (A) in subparagraph (A)(ii)— ing the following: riod under section 50101(b)(2) of the Advanc- (i) by striking ‘‘and 2018 through 2022’’ and ‘‘(A) VOLUNTARY REPORTING.—Not later ing Chronic Care, Extenders, and Social inserting ‘‘2018 through 2022, and 2024 than’’; and Services Act, the Secretary shall compute a through 2026’’; and (ii) by adding at the end the following: State allotment for each State (including (ii) by striking ‘‘and 2023’’ and inserting ‘‘(B) MANDATORY REPORTING.—Beginning the District of Columbia and each common- ‘‘2023, and 2027’’; and with the annual State report on fiscal year wealth and territory) for such semi-annual (B) in subparagraph (B)— 2024 required under subsection (c)(1), the Sec- period in an amount equal to the first half (i) by striking ‘‘and 2018 through 2022’’ and retary shall require States to use the initial ratio (described in subparagraph (D)) of the inserting ‘‘2018 through 2022, and 2024 core measurement set and any updates or amount described in subparagraph (C). through 2026’’; and changes to that set to report information re- ‘‘(B) SECOND HALF.—Subject to paragraphs (ii) by striking ‘‘and 2023’’ and inserting garding the quality of pediatric health care (5) and (7), from the amount made available ‘‘2023, and 2027’’; and under titles XIX and XXI using the standard- under subparagraph (B) of paragraph (28) of (2) in paragraph (3)(A), in the matter pre- ized format for reporting information and subsection (a) for the semi-annual period de- ceding clause (i)— procedures developed under subparagraph scribed in such subparagraph, the Secretary (A) by striking ‘‘or in any of fiscal years (A).’’; and shall compute a State allotment for each 2018 through 2022’’ and inserting ‘‘fiscal years (C) in paragraph (6)(B), by inserting ‘‘and, State (including the District of Columbia 2018 through 2022, or fiscal years 2024 through beginning with the report required on Janu- and each commonwealth and territory) for 2026’’; and ary 1, 2025, and for each annual report there- such semi-annual period in an amount equal (B) by striking ‘‘or 2023’’ and inserting after, the status of mandatory reporting by to the amount made available under such ‘‘2023, or 2027’’. States under titles XIX and XXI, utilizing subparagraph, multiplied by the ratio of— (d) EXTENSION OF QUALIFYING STATES OP- the initial core quality measurement set and ‘‘(i) the amount of the allotment to such TION.—Section 2105(g)(4) of the Social Secu- any updates or changes to that set’’ before State under subparagraph (A); to rity Act (42 U.S.C. 1397ee(g)(4)), as amended the semicolon; and ‘‘(ii) the total of the amount of all of the by section 3002(d) of the HEALTHY KIDS Act (2) in subsection (c)(1)(A), by inserting allotments made available under such sub- (division C of Public Law 115–120), is amend- ‘‘and, beginning with the annual report on paragraph. ed— fiscal year 2024, all of the core measures de- ‘‘(C) FULL YEAR AMOUNT BASED ON REBASED (1) in the paragraph heading, by striking scribed in subsection (a) and any updates or AMOUNT.—The amount described in this sub- ‘‘THROUGH 2023’’ and inserting ‘‘THROUGH changes to those measures’’ before the semi- paragraph for a State is equal to the Federal 2027’’; and colon. payments to the State that are attributable (2) in subparagraph (A), by striking ‘‘2023’’ to (and countable towards) the total amount SEC. 50103. EXTENSION OF OUTREACH AND EN- and inserting ‘‘2027’’. ROLLMENT PROGRAM. of allotments available under this section to (e) EXTENSION OF EXPRESS LANE ELIGI- the State in fiscal year 2026 (including pay- BILITY OPTION.—Section 1902(e)(13)(I) of the (a) IN GENERAL.—Section 2113 of the Social ments made to the State under subsection Social Security Act (42 U.S.C. 1396a(e)(13)(I)), Security Act (42 U.S.C. 1397mm), as amended (n) for fiscal year 2026 as well as amounts re- as amended by section 3002(e) of the by section 3004(a) of the HEALTHY KIDS Act distributed to the State in fiscal year 2026), HEALTHY KIDS Act (division C of Public (division C of Public Law 115–120), is amend- multiplied by the allotment increase factor Law 115–120), is amended by striking ‘‘2023’’ ed— under paragraph (6) for fiscal year 2027. and inserting ‘‘2027’’. (1) in subsection (a)(1), by striking ‘‘2023’’ ‘‘(D) FIRST HALF RATIO.—The first half (f) ASSURANCE OF ELIGIBILITY STANDARD and inserting ‘‘2027’’; and ratio described in this subparagraph is the FOR CHILDREN AND FAMILIES.— (2) in subsection (g)— ratio of— (1) IN GENERAL.—Section 2105(d)(3) of the (A) by striking ‘‘and $120,000,000’’ and in- ‘‘(i) the sum of— Social Security Act (42 U.S.C. 1397ee(d)(3)), serting ‘‘, $120,000,000’’; and ‘‘(I) the amount made available under sub- as amended by section 3002(f)(1) of the (B) by inserting ‘‘, and $48,000,000 for the section (a)(28)(A); and HEALTHY KIDS Act (division C of Public period of fiscal years 2024 through 2027’’ after ‘‘(II) the amount of the appropriation for Law 115–120), is amended— ‘‘2023’’. such period under section 50101(b)(2) of the (A) in the paragraph heading, by striking (b) ADDITIONAL RESERVED FUNDS.—Section Advancing Chronic Care, Extenders, and So- ‘‘THROUGH SEPTEMBER 30, 2023’’ and inserting 2113(a) of the Social Security Act (42 U.S.C. cial Services Act; to ‘‘THROUGH SEPTEMBER 30, 2027’’; and 1397mm(a)) is amended—

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(1) in paragraph (1), by striking ‘‘paragraph the operation of section 1861(g) and of such MIT COST AND OTHER INFORMATION.—Section (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; type which are furnished by a physician or as 1834(l) of the Social Security Act (42 U.S.C. and incident to physicians’ services), with re- 1395m(l)) is amended by adding at the end the (2) by adding at the end the following new spect to expenses incurred in any calendar following new paragraph: paragraph: year, any amount that is more than the ‘‘(17) SUBMISSION OF COST AND OTHER INFOR- ‘‘(3) TEN PERCENT SET ASIDE FOR EVALU- amount specified in paragraph (2) for the MATION.— ATING AND PROVIDING TECHNICAL ASSISTANCE year shall not be considered as incurred ex- ‘‘(A) DEVELOPMENT OF DATA COLLECTION TO GRANTEES.—For the period of fiscal years penses for purposes of subsections (a) and (b) SYSTEM.—The Secretary shall develop a data 2024 through 2027, an amount equal to 10 per- unless the applicable requirements of para- collection system (which may include use of cent of such amounts shall be used by the graph (7) are met.’’; a cost survey) to collect cost, revenue, utili- Secretary for the purpose of evaluating and (3) in paragraph (5)— zation, and other information determined ap- providing technical assistance to eligible en- (A) by redesignating subparagraph (D) as propriate by the Secretary with respect to tities awarded grants under this section.’’. paragraph (8) and moving such paragraph to providers of services (in this paragraph re- (c) USE OF RESERVED FUNDS FOR NATIONAL immediately follow paragraph (7), as added ferred to as ‘providers’) and suppliers of ENROLLMENT AND RETENTION STRATEGIES.— by paragraph (4) of this section; and ground ambulance services. Such system Section 2113(h) of the Social Security Act (42 (B) in subparagraph (E)(iv), by inserting ‘‘, shall be designed to collect information— U.S.C. 1397mm(h)) is amended— except as such process is applied under para- ‘‘(i) needed to evaluate the extent to which (1) in paragraph (5), by striking ‘‘; and’’ and graph (7)(B)’’ before the period at the end; reported costs relate to payment rates under inserting a semicolon; and this subsection; (2) by redesignating paragraph (6) as para- (4) by adding at the end the following new ‘‘(ii) on the utilization of capital equip- graph (7); and paragraph: ment and ambulance capacity, including in- (3) by inserting after paragraph (5) the fol- ‘‘(7) For purposes of paragraphs (1)(B) and formation consistent with the type of infor- (3)(B), with respect to services described in lowing new paragraph: mation described in section 1121(a); and such paragraphs, the requirements described ‘‘(6) the development of materials and tool- ‘‘(iii) on different types of ground ambu- in this paragraph are as follows: kits and the provision of technical assistance lance services furnished in different geo- ‘‘(A) INCLUSION OF APPROPRIATE MODIFIER.— to States regarding enrollment and retention graphic locations, including rural areas and The claim for such services contains an ap- strategies for eligible children under this low population density areas described in propriate modifier (such as the KX modifier title and title XIX; and’’. paragraph (12). described in paragraph (5)(B)) indicating that ‘‘(B) SPECIFICATION OF DATA COLLECTION TITLE II—MEDICARE EXTENDERS such services are medically necessary as jus- SYSTEM.— SEC. 50201. EXTENSION OF WORK GPCI FLOOR. tified by appropriate documentation in the ‘‘(i) IN GENERAL.—The Secretary shall— Section 1848(e)(1)(E) of the Social Security medical record involved. ‘‘(I) not later than December 31, 2019, speci- Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by ‘‘(B) TARGETED MEDICAL REVIEW FOR CER- fy the data collection system under subpara- striking ‘‘January 1, 2018’’ and inserting TAIN SERVICES ABOVE THRESHOLD.— graph (A); and ‘‘January 1, 2020’’. ‘‘(i) IN GENERAL.—In the case where ex- ‘‘(II) identify the providers and suppliers of SEC. 50202. REPEAL OF MEDICARE PAYMENT CAP penses that would be incurred for such serv- ground ambulance services that would be re- FOR THERAPY SERVICES; LIMITA- ices would exceed the threshold described in quired to submit information under such TION TO ENSURE APPROPRIATE clause (ii) for the year, such services shall be data collection system, including the rep- THERAPY. subject to the process for medical review im- resentative sample described in clause (ii). Section 1833(g) of the Social Security Act plemented under paragraph (5)(E). ‘‘(ii) DETERMINATION OF REPRESENTATIVE (42 U.S.C. 1395l(g)) is amended— ‘‘(ii) THRESHOLD.—The threshold under this SAMPLE.— (1) in paragraph (1)— clause for— ‘‘(I) IN GENERAL.—Not later than December (A) by striking ‘‘Subject to paragraphs (4) ‘‘(I) a year before 2028, is $3,000; 31, 2019, with respect to the data collection and (5)’’ and inserting ‘‘(A) Subject to para- ‘‘(II) 2028, is the amount specified in sub- for the first year under such system, and for graphs (4) and (5)’’; clause (I) increased by the percentage in- each subsequent year through 2024, the Sec- (B) in the subparagraph (A), as inserted crease in the MEI (as defined in section retary shall determine a representative sam- and designated by subparagraph (A) of this 1842(i)(3)) for 2028; and ple to submit information under the data paragraph, by adding at the end the fol- ‘‘(III) a subsequent year, is the amount collection system. lowing new sentence: ‘‘The preceding sen- specified in this clause for the preceding ‘‘(II) REQUIREMENTS.—The sample under tence shall not apply to expenses incurred year increased by the percentage increase in subclause (I) shall be representative of the with respect to services furnished after De- the MEI (as defined in section 1842(i)(3)) for different types of providers and suppliers of cember 31, 2017.’’; and such subsequent year; ground ambulance services (such as those (C) by adding at the end the following new except that if an increase under subclause providers and suppliers that are part of an subparagraph: (II) or (III) for a year is not a multiple of $10, emergency service or part of a government ‘‘(B) With respect to services furnished it shall be rounded to the nearest multiple of organization) and the geographic locations during 2018 or a subsequent year, in the case $10. in which ground ambulance services are fur- of physical therapy services of the type de- ‘‘(iii) APPLICATION.—The threshold under nished (such as urban, rural, and low popu- scribed in section 1861(p), speech-language clause (ii) shall be applied separately— lation density areas). pathology services of the type described in ‘‘(I) for physical therapy services and ‘‘(III) LIMITATION.—The Secretary shall not such section through the application of sec- speech-language pathology services; and include an individual provider or supplier of tion 1861(ll)(2), and physical therapy services ‘‘(II) for occupational therapy services. ground ambulance services in the sample and speech-language pathology services of ‘‘(iv) FUNDING.—For purposes of carrying under subclause (I) in 2 consecutive years, to such type which are furnished by a physician out this subparagraph, the Secretary shall the extent practicable. or as incident to physicians’ services, with provide for the transfer, from the Federal ‘‘(C) REPORTING OF COST INFORMATION.—For respect to expenses incurred in any calendar Supplementary Medical Insurance Trust each year, a provider or supplier of ground year, any amount that is more than the Fund under section 1841 to the Centers for ambulance services identified by the Sec- amount specified in paragraph (2) for the Medicare & Medicaid Services Program Man- retary under subparagraph (B)(i)(II) as being year shall not be considered as incurred ex- agement Account, of $5,000,000 for each fiscal required to submit information under the penses for purposes of subsections (a) and (b) year beginning with fiscal year 2018, to re- data collection system with respect to a pe- unless the applicable requirements of para- main available until expended. Such funds riod for the year shall submit to the Sec- graph (7) are met.’’; may not be used by a contractor under sec- retary information specified under the sys- (2) in paragraph (3)— tion 1893(h) for medical reviews under this tem. Such information shall be submitted in (A) by striking ‘‘Subject to paragraphs (4) subparagraph.’’. a form and manner, and at a time, specified and (5)’’ and inserting ‘‘(A) Subject to para- SEC. 50203. MEDICARE AMBULANCE SERVICES. by the Secretary for purposes of this sub- graphs (4) and (5)’’; (a) EXTENSION OF CERTAIN GROUND AMBU- paragraph. (B) in the subparagraph (A), as inserted LANCE ADD-ON PAYMENTS.— ‘‘(D) PAYMENT REDUCTION FOR FAILURE TO and designated by subparagraph (A) of this (1) GROUND AMBULANCE.—Section REPORT.— paragraph, by adding at the end the fol- 1834(l)(13)(A) of the Social Security Act (42 ‘‘(i) IN GENERAL.—Beginning January 1, lowing new sentence: ‘‘The preceding sen- U.S.C. 1395m(l)(13)(A)) is amended by strik- 2022, subject to clause (ii), a 10 percent reduc- tence shall not apply to expenses incurred ing ‘‘2018’’ and inserting ‘‘2023’’ each place it tion to payments under this subsection shall with respect to services furnished after De- appears. be made for the applicable period (as defined cember 31, 2017.’’; and (2) SUPER RURAL AMBULANCE.—Section in clause (ii)) to a provider or supplier of (C) by adding at the end the following new 1834(l)(12)(A) of the Social Security Act (42 ground ambulance services that— subparagraph:. U.S.C. 1395m(l)(12)(A)) is amended, in the ‘‘(I) is required to submit information ‘‘(B) With respect to services furnished first sentence, by striking ‘‘2018’’ and insert- under the data collection system with re- during 2018 or a subsequent year, in the case ing ‘‘2023’’. spect to a period under subparagraph (C); and of occupational therapy services (of the type (b) REQUIRING GROUND AMBULANCE PRO- ‘‘(II) does not sufficiently submit such in- that are described in section 1861(p) through VIDERS OF SERVICES AND SUPPLIERS TO SUB- formation, as determined by the Secretary.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S756 CONGRESSIONAL RECORD — SENATE February 7, 2018

‘‘(ii) APPLICABLE PERIOD DEFINED.—For pur- collection of information required under this (2) CONTENTS.—The report under paragraph poses of clause (i), the term ‘applicable pe- subsection. (1) shall include an evaluation of the effects riod’ means, with respect to a provider or ‘‘(J) LIMITATIONS ON REVIEW.—There shall of such extension on the following: supplier of ground ambulance services, a be no administrative or judicial review under (A) Beneficiary utilization of inpatient year specified by the Secretary not more section 1869, section 1878, or otherwise of the hospital services under title XVIII of the So- than 2 years after the end of the period with data collection system or identification of cial Security Act (42 U.S.C. 1395 et seq.). respect to which the Secretary has made a respondents under this paragraph. (B) The financial status of hospitals with a determination under clause (i)(II) that the ‘‘(K) FUNDING FOR IMPLEMENTATION.—For low volume of Medicare or total inpatient provider or supplier of ground ambulance purposes of carrying out subparagraph (A), admissions. services failed to sufficiently submit infor- the Secretary shall provide for the transfer, (C) Program spending under such title mation under the data collection system. from the Federal Supplementary Medical In- XVIII. ‘‘(iii) HARDSHIP EXEMPTION.—The Secretary surance Trust Fund under section 1841, of (D) Other matters relevant to evaluating may exempt a provider or supplier from the $15,000,000 to the Centers for Medicare & the effects of such extension. payment reduction under clause (i) with re- Medicaid Services Program Management Ac- SEC. 50205. EXTENSION OF THE MEDICARE-DE- spect to an applicable period in the event of count for fiscal year 2018. Amounts trans- PENDENT HOSPITAL (MDH) PRO- significant hardship, such as a natural dis- ferred under this subparagraph shall remain GRAM. aster, bankruptcy, or other similar situation available until expended.’’. (a) IN GENERAL.—Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. that the Secretary determines interfered SEC. 50204. EXTENSION OF INCREASED INPA- 1395ww(d)(5)(G)) is amended— with the ability of the provider or supplier of TIENT HOSPITAL PAYMENT ADJUST- (1) in clause (i), by striking ‘‘October 1, ground ambulance services to submit such MENT FOR CERTAIN LOW-VOLUME 2017’’ and inserting ‘‘October 1, 2022’’; information in a timely manner for the spec- HOSPITALS. (2) in clause (ii)(II), by striking ‘‘October 1, ified period. (a) IN GENERAL.—Section 1886(d)(12) of the 2017’’ and inserting ‘‘October 1, 2022’’; and ‘‘(iv) INFORMAL REVIEW.—The Secretary Social Security Act (42 U.S.C. 1395ww(d)(12)) (3) in clause (iv), by striking subclause (I) shall establish a process under which a pro- is amended— and inserting the following new subclause: vider or supplier of ground ambulance serv- (1) in subparagraph (B), in the matter pre- ‘‘(I) that is located in— ices may seek an informal review of a deter- ceding clause (i), by striking ‘‘fiscal year ‘‘(aa) a rural area; or mination that the provider or supplier is 2018’’ and inserting ‘‘fiscal year 2023’’; ‘‘(bb) a State with no rural area (as defined subject to the payment reduction under (2) in subparagraph (C)— in paragraph (2)(D)) and satisfies any of the clause (i). (A) in clause (i)— criteria in subclause (I), (II), or (III) of para- ‘‘(E) ONGOING DATA COLLECTION.— (i) by striking ‘‘through 2017’’ the first graph (8)(E)(ii),’’; and ‘‘(i) REVISION OF DATA COLLECTION SYS- place it appears and inserting ‘‘through (4) by inserting after subclause (IV) the fol- TEM.—The Secretary may, as the Secretary 2022’’; and (ii) by striking ‘‘ and has less than 800 dis- lowing new flush sentences: determines appropriate and, if available, ‘‘Subclause (I)(bb) shall apply for purposes of charges’’ and all that follows through the pe- taking into consideration the report (or re- payment under clause (ii) only for discharges riod at the end and inserting the following ports) under subparagraph (F), revise the of a hospital occurring on or after the effec- ‘‘and has— data collection system under subparagraph tive date of a determination of medicare-de- (A). ‘‘(I) with respect to each of fiscal years 2005 pendent small rural hospital status made by ‘‘(ii) SUBSEQUENT DATA COLLECTION.—In through 2010, less than 800 discharges during the Secretary with respect to the hospital order to continue to evaluate the extent to the fiscal year; after the date of the enactment of this sen- which reported costs relate to payment rates ‘‘(II) with respect to each of fiscal years tence. For purposes of applying subclause (II) under this subsection and for other purposes 2011 through 2018, less than 1,600 discharges of paragraph (8)(E)(ii) under subclause the Secretary deems appropriate, the Sec- of individuals entitled to, or enrolled for, (I)(bb), such subclause (II) shall be applied by retary shall require providers and suppliers benefits under part A during the fiscal year inserting ‘as of January 1, 2018,’ after ‘such of ground ambulance services to submit in- or portion of fiscal year; State’ each place it appears.’’. formation for years after 2024 as the Sec- ‘‘(III) with respect to each of fiscal years (b) CONFORMING AMENDMENTS.— retary determines appropriate, but in no 2019 through 2022, less than 3,800 discharges (1) EXTENSION OF TARGET AMOUNT.—Section case less often than once every 3 years. during the fiscal year; and 1886(b)(3)(D) of the Social Security Act (42 ‘‘(F) GROUND AMBULANCE DATA COLLECTION ‘‘(IV) with respect to fiscal year 2023 and U.S.C. 1395ww(b)(3)(D)) is amended— SYSTEM STUDY.— each subsequent fiscal year, less than 800 dis- (A) in the matter preceding clause (i), by ‘‘(i) IN GENERAL.—Not later than March 15, charges during the fiscal year.’’; and striking ‘‘October 1, 2017’’ and inserting ‘‘Oc- 2023, and as determined necessary by the (B) in clause (ii)— tober 1, 2022’’; and Medicare Payment Advisory Commission (i) by striking ‘‘subparagraph (B)’’ and in- (B) in clause (iv), by striking ‘‘through fis- thereafter, such Commission shall assess, serting ‘‘subparagraphs (B) and (D)’’; and cal year 2017’’ and inserting ‘‘through fiscal and submit to Congress a report on, informa- (ii) by inserting ‘‘(except as provided in year 2022’’. tion submitted by providers and suppliers of clause (i)(II) and subparagraph (D)(i))’’ after (2) PERMITTING HOSPITALS TO DECLINE RE- ground ambulance services through the data ‘‘regardless’’; and CLASSIFICATION.—Section 13501(e)(2) of the collection system under subparagraph (A), (3) in subparagraph (D)— Omnibus Budget Reconciliation Act of 1993 the adequacy of payments for ground ambu- (A) by striking ‘‘through 2017’’ and insert- (42 U.S.C. 1395ww note) is amended by strik- lance services under this subsection, and ge- ing ‘‘through 2022’’; ing ‘‘through fiscal year 2017’’ and inserting ographic variations in the cost of furnishing (B) by striking ‘‘hospitals with 200 or ‘‘through fiscal year 2022’’. such services. fewer’’ and inserting the following: ‘‘hos- (c) GAO STUDY AND REPORT.— ‘‘(ii) CONTENTS.—A report under clause (i) pitals— (1) STUDY.—The Comptroller General of the shall contain the following: ‘‘(i) with respect to each of fiscal years 2011 United States (in this subsection referred to ‘‘(I) An analysis of information submitted through 2018, with 200 or fewer’’; as the ‘‘Comptroller General’’) shall conduct through the data collection system. (C) by striking the period at the end and a study on the medicare-dependent, small ‘‘(II) An analysis of any burden on pro- inserting ‘‘or portion of fiscal year; and’’; rural hospital program under section 1886(d) viders and suppliers of ground ambulance and of the Social Security Act (42 U.S.C. services associated with the data collection (D) by adding at the end the following new 1395x(d)). Such study shall include an anal- system. clause: ysis of the following: ‘‘(III) A recommendation as to whether in- ‘‘(ii) with respect to each of fiscal years (A) The payor mix of medicare-dependent, formation should continue to be submitted 2019 through 2022, with 500 or fewer dis- small rural hospitals (as defined in para- through such data collection system or if charges in the fiscal year to 0 percent for graph (5)(G)(iv) of such section 1886(d)), how such system should be revised under sub- low-volume hospitals with greater than 3,800 such mix will trend in future years (based on paragraph (E)(i). discharges in the fiscal year.’’. current trends and projections), and whether ‘‘(IV) Other information determined appro- (b) MEDPAC REPORT ON EXTENSION OF IN- or not the requirement under subclause (IV) priate by the Commission. CREASED INPATIENT HOSPITAL PAYMENT AD- of such paragraph should be revised. ‘‘(G) PUBLIC AVAILABILITY.—The Secretary JUSTMENT FOR CERTAIN LOW-VOLUME HOS- (B) The characteristics of medicare-de- shall post information on the results of the PITALS.— pendent, small rural hospitals that meet the data collection under this paragraph on the (1) IN GENERAL.—Not later than March 15, requirement of such subclause (IV) through Internet website of the Centers for Medicare 2022, the Medicare Payment Advisory Com- the application of paragraph (a)(iii)(A) or & Medicaid Services, as determined appro- mission shall submit to Congress a report on (a)(iii)(B) of section 412.108 of title 42, Code of priate by the Secretary. the extension of the increased inpatient hos- Federal Regulations, including Medicare in- ‘‘(H) IMPLEMENTATION.—The Secretary pital payment adjustment for certain low- patient and outpatient utilization, payor shall implement this paragraph through no- volume hospitals under section 1886(d)(12) of mix, and financial status (including Medi- tice and comment rulemaking. the Social Security Act (42 U.S.C. care and total margins), and whether or not ‘‘(I) ADMINISTRATION.—Chapter 35 of title 1395ww(d)(12)) under the provisions of, and Medicare payments for such hospitals should 44, United States Code, shall not apply to the amendments made by, this section. be revised.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S757 (C) Such other items related to medicare- under this section and section 1890A, includ- provide input to the Secretary on the selec- dependent, small rural hospitals as the ing any obligations that will require funds to tion of quality and efficiency measures, and Comptroller General determines appropriate. be expended in a future year.’’. any other entities the Secretary has con- (2) REPORT.—Not later than 2 years after (c) REVISIONS TO ANNUAL REPORT FROM tracted with to perform work related to car- the date of the enactment of this Act, the CONSENSUS-BASED ENTITY TO CONGRESS AND rying out such sections 1890 and 1890A. Comptroller General shall submit to Con- THE SECRETARY.— (C) The total amount of funding provided gress a report containing the results of the (1) IN GENERAL.—Section 1890(b)(5)(A) of to the Secretary for purposes of carrying out study conducted under paragraph (1), to- the Social Security Act (42 U.S.C. such sections 1890 and 1890A, the amount of gether with recommendations for such legis- 1395aaa(b)(5)(A)) is amended— such funding that has been obligated or ex- lation and administrative action as the (A) by redesignating clauses (i) through pended by the Secretary, and the amount of Comptroller General determines appropriate. (vi) as subclauses (I) through (VI), respec- such funding that remains unobligated. SEC. 50206. EXTENSION OF FUNDING FOR QUAL- tively, and moving the margins accordingly; (D) How the funds described in subpara- ITY MEASURE ENDORSEMENT, (B) in the matter preceding subclause (I), graph (C) have been allocated, including how INPUT, AND SELECTION; REPORTING as redesignated by subparagraph (A), by much of the funding has been allocated for REQUIREMENTS. striking ‘‘containing a description of—’’ and work performed by the Secretary, the con- (a) EXTENSION OF FUNDING.—Section inserting ‘‘containing the following: sensus-based entity, and any other entity the 1890(d)(2) of the Social Security Act (42 ‘‘(i) A description of—’’; and Secretary has contracted with to perform U.S.C. 1395aaa(d)(2)) is amended— (C) by adding at the end the following new work related to carrying out such sections (1) in the first sentence— clauses: 1890 and 1890A, respectively, and descriptions (A) by striking ‘‘2014 and’’ and inserting ‘‘(ii) An itemization of financial informa- of such work. ‘‘2014,’’; and tion for the fiscal year ending September 30 (E) The extent to which the Secretary has (B) by inserting the following before the of the preceding year, including— developed a comprehensive and long-term period: ‘‘, and $7,500,000 for each of fiscal ‘‘(I) annual revenues of the entity (includ- plan to ensure that it can achieve quality years 2018 and 2019’’; and ing any government funding, private sector measurement objectives related to carrying (2) by adding at the end the following new contributions, grants, membership revenues, out such sections 1890 and 1890A in a timely sentence: ‘‘Amounts transferred for each of and investment revenue); manner and with efficient use of available ‘‘(II) annual expenses of the entity (includ- fiscal years 2018 and 2019 shall be in addition resources, including the roles of the con- ing grants paid, benefits paid, salaries or to any unobligated funds transferred for a sensus-based entity, the Measure Applica- other compensation, fundraising expenses, preceding fiscal year that are available tions Partnership (MAP), and any other enti- and overhead costs); and under the preceding sentence.’’ ty the Secretary has contracted with to per- (b) ANNUAL REPORT BY SECRETARY TO CON- ‘‘(III) a breakdown of the amount awarded form work related to such sections 1890 and GRESS.—Section 1890 of the Social Security per contracted task order and the specific 1890A in helping the Secretary achieve those Act (42 U.S.C. 1395aaa) is amended by adding projects funded in each task order assigned objectives. at the end the following new subsection: to the entity. (2) REPORT.—Not later than 18 months ‘‘(e) ANNUAL REPORT BY SECRETARY TO CON- ‘‘(iii) Any updates or modifications of in- after the date of enactment of this Act, the GRESS.—By not later than March 1 of each ternal policies and procedures of the entity Comptroller General of the United States year (beginning with 2019), the Secretary as they relate to the duties of the entity shall submit to Congress a report containing under this section, including— shall submit to Congress a report containing the following: ‘‘(I) specifically identifying any modifica- the results of the study conducted under ‘‘(1) A comprehensive plan that identifies tions to the disclosure of interests and con- paragraph (1), together with recommenda- the quality measurement needs of programs flicts of interests for committees, work tions for such legislation and administrative and initiatives of the Secretary and provides groups, task forces, and advisory panels of action as the Comptroller General deter- a strategy for using the entity with a con- the entity; and mines appropriate. tract under subsection (a) and any other en- ‘‘(II) information on external stakeholder SEC. 50207. EXTENSION OF FUNDING OUTREACH tity the Secretary has contracted with or participation in the duties of the entity AND ASSISTANCE FOR LOW-INCOME may contract with to perform work associ- under this section (including complete ros- PROGRAMS; STATE HEALTH INSUR- ated with section 1890A to help meet those ters for all committees, work groups, task ANCE ASSISTANCE PROGRAM RE- needs, specifically with respect to the pro- forces, and advisory panels funded through PORTING REQUIREMENTS. grams under this title and title XIX. In years government contracts, descriptions of rel- (a) FUNDING EXTENSIONS.— after the first plan under this paragraph is evant interests and any conflicts of interest (1) ADDITIONAL FUNDING FOR STATE HEALTH submitted, the requirements of this para- for members of all committees, work groups, INSURANCE PROGRAMS.—Subsection (a)(1)(B) graph may be met by providing an update to task forces, and advisory panels, and the of section 119 of the Medicare Improvements the plan. total percentage by health care sector of all for Patients and Providers Act of 2008 (42 ‘‘(2) The amount of funding provided under convened committees, work groups, task U.S.C. 1395b–3 note), as amended by section subsection (d) for purposes of carrying out forces, and advisory panels.’’. 3306 of the Patient Protection and Affordable this section and section 1890A that has been (2) EFFECTIVE DATE.—The amendments Care Act (Public Law 111–148), section 610 of obligated by the Secretary, the amount of made by this subsection shall apply to re- the American Taxpayer Relief Act of 2012 funding provided that has been expended, ports submitted for years beginning with (Public Law 112–240), section 1110 of the and the amount of funding provided that re- 2019. Pathway for SGR Reform Act of 2013 (Public mains unobligated. (d) GAO STUDY AND REPORT.— Law 113–67), section 110 of the Protecting Ac- ‘‘(3) With respect to the activities de- (1) STUDY.—The Comptroller General of the cess to Medicare Act of 2014 (Public Law 113– scribed under this section or section 1890A, a United States shall conduct a study on 93), and section 208 of the Medicare Access description of how the funds described in health care quality measurement efforts and CHIP Reauthorization Act of 2015 (Pub- paragraph (2) have been obligated or ex- funded under sections 1890 and 1890A of the lic Law 114–10) is amended— pended, including how much of that funding Social Security Act (42 U.S.C. 1395aaa; (A) in clause (vi), by striking ‘‘and’’ at the has been obligated or expended for work per- 1395aaa–1). Such study shall include an ex- end; formed by the Secretary, the entity with a amination of the following: (B) in clause (vii), by striking the period at contract under subsection (a), and any other (A) The extent to which the Secretary of the end and inserting ‘‘; and’’; and entity the Secretary has contracted with to Health and Human Services (in this sub- (C) by adding at the end the following new perform work. section referred to as the ‘‘Secretary’’) has clauses: ‘‘(4) A description of the activities for set and prioritized objectives to be achieved ‘‘(viii) for fiscal year 2018, of $13,000,000; which the funds described in paragraph (2) for each of the quality measurement activi- and were used, including task orders and activi- ties required under such sections 1890 and ‘‘(ix) for fiscal year 2019, of $13,000,000.’’. ties assigned to the entity with a contract 1890A. (2) ADDITIONAL FUNDING FOR AREA AGENCIES under subsection (a), activities performed by (B) The efforts that the Secretary has un- ON AGING.—Subsection (b)(1)(B) of such sec- the Secretary, and task orders and activities dertaken to meet quality measurement ob- tion 119, as so amended, is amended— assigned to any other entity the Secretary jectives associated with such sections 1890 (A) in clause (vi), by striking ‘‘and’’ at the has contracted with to perform work related and 1890A, including division of responsibil- end; to carrying out section 1890A. ities for those efforts within the Department (B) in clause (vii), by striking the period at ‘‘(5) The amount of funding described in of Health and Human Services and through the end and inserting ‘‘; and’’; and paragraph (2) that has been obligated or ex- contracts with a consensus-based entity (C) by inserting after clause (vii) the fol- pended for each of the activities described in under subsection (a) of such section 1890 (in lowing new clauses: paragraph (4). this subsection referred to as the ‘‘con- ‘‘(viii) for fiscal year 2018, of $7,500,000; and ‘‘(6) Estimates for, and descriptions of, ob- sensus-based entity’’) and other entities, and ‘‘(ix) for fiscal year 2019, of $7,500,000.’’. ligations and expenditures that the Sec- the extent of any overlap among the work (3) ADDITIONAL FUNDING FOR AGING AND DIS- retary anticipates will be needed in the suc- performed by the Secretary, the consensus- ABILITY RESOURCE CENTERS.—Subsection ceeding two year period to carry out each of based entity, the Measure Applications Part- (c)(1)(B) of such section 119, as so amended, is the quality measurement activities required nership (MAP) convened by such entity to amended—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S758 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) in clause (vi), by striking ‘‘and’’ at the ‘‘(ii) in the case of episodes and visits end- (1) in subsection (e)— end; ing during 2020, by 0.5 percent; (A) in paragraph (1)— (B) in clause (vii), by striking the period at ‘‘(B) has a population density of 6 individ- (i) by striking ‘‘An agreement’’ and insert- the end and inserting ‘‘; and’’; and uals or fewer per square mile of land area ing ‘‘Agreements’’; and (C) by inserting after clause (vii) the fol- and is not described in subparagraph (A)— (ii) by striking ‘‘5-year’’ and inserting ‘‘7- lowing new clauses: ‘‘(i) in the case of episodes and visits end- year’’; and ‘‘(viii) for fiscal year 2018, of $5,000,000; and ing during 2019, by 4 percent; (B) in paragraph (5)— ‘‘(ix) for fiscal year 2019, of $5,000,000.’’. ‘‘(ii) in the case of episodes and visits end- (i) by striking ‘‘10,000’’ and inserting (4) ADDITIONAL FUNDING FOR CONTRACT WITH ing during 2020, by 3 percent; ‘‘15,000’’; and THE NATIONAL CENTER FOR BENEFITS AND OUT- ‘‘(iii) in the case of episodes and visits end- (ii) by adding at the end the following new REACH ENROLLMENT.—Subsection (d)(2) of ing during 2021, by 2 percent; and sentence: ‘‘An applicable beneficiary that such section 119, as so amended, is amend- ‘‘(iv) in the case of episodes and visits end- participates in the demonstration program ed— ing during 2022, by 1 percent; and by reason of the increase from 10,000 to 15,000 (A) in clause (vi), by striking ‘‘and’’ at the ‘‘(C) is not described in either subpara- in the preceding sentence pursuant to the end; graph (A) or (B)— amendment made by section 50301(a)(1)(B)(i) (B) in clause (vii), by striking the period at ‘‘(i) in the case of episodes and visits end- of the Advancing Chronic Care, Extenders, the end and inserting ‘‘; and’’; and ing during 2019, by 3 percent; and Social Services Act shall be considered (C) by inserting after clause (vii) the fol- ‘‘(ii) in the case of episodes and visits end- in the spending target estimates under para- lowing new clauses: ing during 2020, by 2 percent; and graph (1) of subsection (c) and the incentive ‘‘(viii) for fiscal year 2018, of $12,000,000; ‘‘(iii) in the case of episodes and visits end- payment calculations under paragraph (2) of and ing during 2021, by 1 percent. such subsection for the sixth and seventh ‘‘(ix) for fiscal year 2019, of $12,000,000.’’. ‘‘(2) RULES FOR DETERMINATIONS.— years of such program.’’; (b) STATE HEALTH INSURANCE ASSISTANCE ‘‘(A) NO SWITCHING.—For purposes of this (2) in subsection (g), in the first sentence, PROGRAM REPORTING REQUIREMENTS.—Begin- subsection, the determination by the Sec- by inserting ‘‘, including, to the extent prac- ning not later than April 1, 2019, and bienni- retary as to which subparagraph of para- ticable, with respect to the use of electronic ally thereafter, the Agency for Community graph (1) applies to a county (or equivalent health information systems, as described in Living shall electronically post on its area) shall be made a single time and shall subsection (b)(1)(A)(vi)’’ after ‘‘under the website the following information, with re- apply for the duration of the period to which demonstration program’’; and spect to grants to States for State health in- this subsection applies. (3) in subsection (i)(1)(A), by striking ‘‘will surance assistance programs, (such informa- ‘‘(B) UTILIZATION.—In determining which not receive an incentive payment for the sec- tion to be presented by State and by entity counties (or equivalent areas) are in the ond of 2’’ and inserting ‘‘did not achieve sav- receiving funds from the State to carry out highest quartile under paragraph (1)(A), the ings for the third of 3’’. such a program funded by such grant): following rules shall apply: (1) The amount of Federal funding provided (b) EFFECTIVE DATE.—The amendment ‘‘(i) The Secretary shall use data from 2015. made by subsection (a)(3) shall take effect as to each such State for such program for the ‘‘(ii) The Secretary shall exclude data from if included in the enactment of Public Law period involved and the amount of Federal the territories (and the territories shall not 111–148. funding provided by each such State for such be described in such paragraph). program to each such entity for the period ‘‘(iii) The Secretary may exclude data from SEC. 50302. EXPANDING ACCESS TO HOME DIALY- involved. counties (or equivalent areas) in rural areas SIS THERAPY. (2) Information as the Secretary may with a low volume of home health episodes (a) IN GENERAL.—Section 1881(b)(3) of the specify, with respect to such programs car- (and if data is so excluded with respect to a Social Security Act (42 U.S.C. 1395rr(b)(3)) is ried out through such grants, consistent county (or equivalent area), such county (or amended— with the terms and conditions for receipt of equivalent area) shall not be described in (1) by redesignating subparagraphs (A) and such grants. such paragraph). (B) as clauses (i) and (ii), respectively; SEC. 50208. EXTENSION OF HOME HEALTH RURAL ‘‘(C) POPULATION DENSITY.—In determining (2) in clause (ii), as redesignated by para- ADD-ON. population density under paragraph (1)(B), graph (1), by striking ‘‘on a comprehensive’’ (a) EXTENSION.— the Secretary shall use data from the 2010 and insert ‘‘subject to subparagraph (B), on a (1) IN GENERAL.—Section 421 of the Medi- decennial Census. comprehensive’’; care Prescription Drug, Improvement, and ‘‘(3) LIMITATIONS ON REVIEW.—There shall (3) by striking ‘‘With respect to’’ and in- Modernization Act of 2003 (Public Law 108– be no administrative or judicial review under serting ‘‘(A) With respect to’’; and 173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as section 1869, section 1878, or otherwise of de- (4) by adding at the end the following new amended by section 5201(b) of the Deficit Re- terminations under paragraph (1).’’. subparagraph: duction Act of 2005 (Public Law 109–171; 120 (2) REQUIREMENT TO SUBMIT COUNTY DATA ‘‘(B)(i) For purposes of subparagraph Stat. 46), section 3131(c) of the Patient Pro- ON CLAIM FORM.—Section 1895(c) of the Social (A)(ii), subject to clause (ii), an individual tection and Affordable Care Act (Public Law Security Act (42 U.S.C. 1395fff(c)) is amend- determined to have end stage renal disease 111–148; 124 Stat. 428), and section 210 of the ed— receiving home dialysis may choose to re- Medicare Access and CHIP Reauthorization (A) in paragraph (1), by striking ‘‘and’’ at ceive monthly end stage renal disease-re- Act of 2015 (Public Law 114–10; 129 Stat. 151) the end; lated clinical assessments furnished on or is amended— (B) in paragraph (2), by striking the period after January 1, 2019, via telehealth. (A) in subsection (a), by striking ‘‘January at the end and inserting ‘‘; and’’; and ‘‘(ii) Clause (i) shall apply to an individual 1, 2018’’ and inserting ‘‘January 1, 2019’’ each (C) by adding at the end the following new only if the individual receives a face-to-face place it appears; paragraph: clinical assessment, without the use of tele- (B) by redesignating subsections (b) and (c) ‘‘(3) in the case of home health services health— as subsections (c) and (d), respectively; furnished on or after January 1, 2019, the ‘‘(I) in the case of the initial 3 months of (C) in each of subsections (c) and (d), as so claim contains the code for the county (or home dialysis of such individual, at least redesignated, by striking ‘‘subsection (a)’’ equivalent area) in which the home health monthly; and and inserting ‘‘subsection (a) or (b)’’; and service was furnished.’’. ‘‘(II) after such initial 3 months, at least (D) by inserting after subsection (a) the (b) HHS OIG ANALYSIS.—Not later than once every 3 consecutive months.’’. following new subsection: January 1, 2023, the Inspector General of the (b) ORIGINATING SITE REQUIREMENTS.— ‘‘(b) SUBSEQUENT TEMPORARY INCREASE.— Department of Health and Human Services (1) IN GENERAL.—Section 1834(m) of the So- ‘‘(1) IN GENERAL.—The Secretary shall in- shall submit to Congress— cial Security Act (42 U.S.C. 1395m(m)) is crease the payment amount otherwise made (1) an analysis of the home health claims amended— under such section 1895 for home health serv- and utilization of home health services by (A) in paragraph (4)(C)(ii), by adding at the ices furnished in a county (or equivalent county (or equivalent area) under the Medi- end the following new subclauses: area) in a rural area (as defined in such sec- care program; and ‘‘(IX) A renal dialysis facility, but only for tion 1886(d)(2)(D)) that, as determined by the (2) recommendations the Inspector General purposes of section 1881(b)(3)(B). Secretary— determines appropriate based on such anal- ‘‘(X) The home of an individual, but only ‘‘(A) is in the highest quartile of all coun- ysis. for purposes of section 1881(b)(3)(B).’’; and ties (or equivalent areas) based on the num- TITLE III—CREATING HIGH-QUALITY RE- (B) by adding at the end the following new ber of Medicare home health episodes fur- SULTS AND OUTCOMES NECESSARY TO paragraph: nished per 100 individuals who are entitled IMPROVE CHRONIC (CHRONIC) CARE ‘‘(5) TREATMENT OF HOME DIALYSIS MONTHLY to, or enrolled for, benefits under part A of Subtitle A—Receiving High Quality Care in ESRD-RELATED VISIT.—The geographic re- title XVIII of the Social Security Act or en- the Home quirements described in paragraph (4)(C)(i) rolled for benefits under part B of such title SEC. 50301. EXTENDING THE INDEPENDENCE AT shall not apply with respect to telehealth (but not enrolled in a plan under part C of HOME DEMONSTRATION PROGRAM. services furnished on or after January 1, 2019, such title)— (a) IN GENERAL.—Section 1866E of the So- for purposes of section 1881(b)(3)(B), at an ‘‘(i) in the case of episodes and visits end- cial Security Act (42 U.S.C. 1395cc–5) is originating site described in subclause (VI), ing during 2019, by 1.5 percent; and amended— (IX), or (X) of paragraph (4)(C)(ii).’’.

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(2) NO FACILITY FEE IF ORIGINATING SITE FOR (b)(6)(B)(ii) under this paragraph and, con- provisions under current law and imple- HOME DIALYSIS THERAPY IS THE HOME.—Sec- sistent with such role, shall establish— menting regulations that provide continu- tion 1834(m)(2)(B) of the Social Security (42 ‘‘(i) a uniform process for disseminating to ation of benefits pending appeal under this U.S.C. 1395m(m)(2)(B)) is amended— State Medicaid agencies information under title and title XIX. (A) by redesignating clauses (i) and (ii) as this title impacting contracts between such ‘‘(C) REQUIREMENT FOR UNIFIED GRIEVANCES subclauses (I) and (II), and indenting appro- agencies and such plans under this sub- AND APPEALS.—For 2021 and subsequent priately; section; and years, the contract of a specialized MA plan (B) in subclause (II), as redesignated by ‘‘(ii) basic resources for States interested for special needs individuals described in subparagraph (A), by striking ‘‘clause (i) or in exploring such plans as a platform for in- subsection (b)(6)(B)(ii) with a State Medicaid tegration, such as a model contract or other this clause’’ and inserting ‘‘subclause (I) or agency under paragraph (3)(D) shall require tools to achieve those goals. this subclause’’; the use of unified grievances and appeals pro- ‘‘(B) UNIFIED GRIEVANCES AND APPEALS (C) by striking ‘‘SITE.—With respect to’’ cedures as described in subparagraph (B). and inserting ‘‘SITE.— PROCESS.— ‘‘(D) REQUIREMENTS FOR INTEGRATION.— ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(i) IN GENERAL.—Not later than April 1, ‘‘(i) IN GENERAL.—For 2021 and subsequent with respect to’’; and 2020, the Secretary shall establish proce- years, a specialized MA plan for special (D) by adding at the end the following new dures, to the extent feasible as determined needs individuals described in subsection clause: by the Secretary, unifying grievances and (b)(6)(B)(ii) shall meet one or more of the fol- ‘‘(ii) NO FACILITY FEE IF ORIGINATING SITE appeals procedures under sections 1852(f), lowing requirements, to the extent per- FOR HOME DIALYSIS THERAPY IS THE HOME.— 1852(g), 1902(a)(3), 1902(a)(5), and 1932(b)(4) for No facility fee shall be paid under this sub- items and services provided by specialized mitted under State law, for integration of paragraph to an originating site described in MA plans for special needs individuals de- benefits under this title and title XIX: paragraph (4)(C)(ii)(X).’’. scribed in subsection (b)(6)(B)(ii) under this ‘‘(I) The specialized MA plan must meet (c) CLARIFICATION REGARDING TELEHEALTH title and title XIX. With respect to items the requirements of contracting with the PROVIDED TO BENEFICIARIES.—Section and services described in the preceding sen- State Medicaid agency described in para- 1128A(i)(6) of the Social Security Act (42 tence, procedures established under this graph (3)(D) in addition to coordinating long- U.S.C. 1320a–7a(i)(6)) is amended— clause shall apply in place of otherwise ap- term services and supports or behavioral (1) in subparagraph (H), by striking ‘‘or’’ at plicable grievances and appeals procedures. health services, or both, by meeting an addi- the end; The Secretary shall solicit comment in de- tional minimum set of requirements deter- (2) in subparagraph (I), by striking the pe- veloping such procedures from States, plans, mined by the Secretary through the Federal riod at the end and inserting ‘‘; or’’; and beneficiaries and their representatives, and Coordinated Health Care Office established (3) by adding at the end the following new other relevant stakeholders. under section 2602 of the Patient Protection subparagraph: ‘‘(ii) PROCEDURES.—The procedures estab- and Affordable Care Act based on input from ‘‘(J) the provision of telehealth tech- lished under clause (i) shall be included in stakeholders, such as notifying the State in nologies (as defined by the Secretary) on or the plan contract under paragraph (3)(D) and a timely manner of hospitalizations, emer- after January 1, 2019, by a provider of serv- shall— gency room visits, and hospital or nursing ‘‘(I) adopt the provisions for the enrollee ices or a renal dialysis facility (as such home discharges of enrollees, assigning one that are most protective for the enrollee terms are defined for purposes of title XVIII) primary care provider for each enrollee, or and, to the extent feasible as determined by to an individual with end stage renal disease sharing data that would benefit the coordi- the Secretary, are compatible with unified who is receiving home dialysis for which nation of items and services under this title timeframes and consolidated access to exter- payment is being made under part B of such nal review under an integrated process; and the State plan under title XIX. Such title, if— ‘‘(II) take into account differences in State minimum set of requirements must be in- ‘‘(i) the telehealth technologies are not of- plans under title XIX to the extent nec- cluded in the contract of the specialized MA fered as part of any advertisement or solici- essary; plan with the State Medicaid agency under tation; ‘‘(III) be easily navigable by an enrollee; such paragraph. ‘‘(ii) the telehealth technologies are pro- and ‘‘(II) The specialized MA plan must meet vided for the purpose of furnishing telehealth ‘‘(IV) include the elements described in the requirements of a fully integrated plan services related to the individual’s end stage clause (iii), as applicable. described in section 1853(a)(1)(B)(iv)(II) renal disease; and ‘‘(iii) ELEMENTS DESCRIBED.—Both unified (other than the requirement that the plan ‘‘(iii) the provision of the telehealth tech- appeals and unified grievance procedures have similar average levels of frailty, as de- nologies meets any other requirements set shall include, as applicable, the following termined by the Secretary, as the PACE pro- forth in regulations promulgated by the Sec- elements described in this clause: gram), or enter into a capitated contract retary.’’. ‘‘(I) Single written notification of all appli- with the State Medicaid agency to provide (d) CONFORMING AMENDMENT.—Section cable grievances and appeal rights under this long-term services and supports or behav- 1881(b)(1) of the Social Security Act (42 title and title XIX. For purposes of this sub- ioral health services, or both. U.S.C. 1395rr(b)(1)) is amended by striking paragraph, the Secretary may waive the re- ‘‘(III) In the case of a specialized MA plan ‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph quirements under section 1852(g)(1)(B) when that is offered by a parent organization that (3)(A)(i)’’. the specialized MA plan covers items or serv- is also the parent organization of a Medicaid Subtitle B—Advancing Team-Based Care ices under this part or under title XIX. managed care organization providing long SEC. 50311. PROVIDING CONTINUED ACCESS TO ‘‘(II) Single pathways for resolution of any term services and supports or behavioral MEDICARE ADVANTAGE SPECIAL grievance or appeal related to a particular services under a contract under section NEEDS PLANS FOR VULNERABLE item or service provided by specialized MA 1903(m), the parent organization must as- POPULATIONS. plans for special needs individuals described sume clinical and financial responsibility for (a) EXTENSION.—Section 1859(f)(1) of the So- in subsection (b)(6)(B)(ii) under this title and benefits provided under this title and title cial Security Act (42 U.S.C. 1395w–28(f)(1)) is title XIX. XIX with respect to any individual who is amended by striking ‘‘and for periods before ‘‘(III) Notices written in plain language enrolled in both the specialized MA plan and January 1, 2019’’. and available in a language and format that the Medicaid managed care organization. (b) INCREASED INTEGRATION OF DUAL is accessible to the enrollee, including in ‘‘(ii) SUSPENSION OF ENROLLMENT FOR FAIL- SNPS.— non-English languages that are prevalent in URE TO MEET REQUIREMENTS DURING INITIAL (1) IN GENERAL.—Section 1859(f) of the So- the service area of the specialized MA plan. cial Security Act (42 U.S.C. 1395w–28(f)) is ‘‘(IV) Unified timeframes for grievances PERIOD.—During the period of plan years 2021 amended— and appeals processes, such as an individ- through 2025, if the Secretary determines (A) in paragraph (3), by adding at the end ual’s filing of a grievance or appeal, a plan’s that a specialized MA plan for special needs the following new subparagraph: acknowledgment and resolution of a griev- individuals described in subsection ‘‘(F) The plan meets the requirements ap- ance or appeal, and notification of decisions (b)(6)(B)(ii) has failed to comply with clause plicable under paragraph (8).’’; and with respect to a grievance or appeal. (i), the Secretary may provide for the appli- (B) by adding at the end the following new ‘‘(V) Requirements for how the plan must cation against the Medicare Advantage orga- paragraph: process, track, and resolve grievances and nization offering the plan of the remedy de- ‘‘(8) INCREASED INTEGRATION OF DUAL appeals, to ensure beneficiaries are notified scribed in section 1857(g)(2)(B) in the same SNPS.— on a timely basis of decisions that are made manner as the Secretary may apply such ‘‘(A) DESIGNATED CONTACT.—The Secretary, throughout the grievance or appeals process remedy, and in accordance with the same acting through the Federal Coordinated and are able to easily determine the status procedures as would apply, in the case of an Health Care Office established under section of a grievance or appeal. MA organization determined by the Sec- 2602 of Public Law 111–148, shall serve as a ‘‘(iv) CONTINUATION OF BENEFITS PENDING retary to have engaged in conduct described dedicated point of contact for States to ad- APPEAL.—The unified procedures under in section 1857(g)(1). If the Secretary applies dress misalignments that arise with the inte- clause (i) shall, with respect to all benefits such remedy to a Medicare Advantage orga- gration of specialized MA plans for special under parts A and B and title XIX subject to nization under the preceding sentence, the needs individuals described in subsection appeal under such procedures, incorporate organization shall submit to the Secretary

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(at a time, and in a form and manner, speci- cialized MA plans for special needs individ- ‘‘(9) LIST OF CONDITIONS FOR CLARIFICATION fied by the Secretary) information describ- uals described in subsection (b)(6)(B)(ii) of OF THE DEFINITION OF A SEVERE OR DISABLING ing how the plan will come into compliance such section 1859.’’. CHRONIC CONDITIONS SPECIALIZED NEEDS INDI- with clause (i). (c) IMPROVEMENTS TO SEVERE OR DISABLING VIDUAL.— ‘‘(E) STUDY AND REPORT TO CONGRESS.— CHRONIC CONDITION SNPS.— ‘‘(A) IN GENERAL.—Not later than Decem- ‘‘(i) IN GENERAL.—Not later than March 15, (1) CARE MANAGEMENT REQUIREMENTS.—Sec- ber 31, 2020, and every 5 years thereafter, sub- 2022, and, subject to clause (iii), biennially tion 1859(f)(5) of the Social Security Act (42 ject to subparagraphs (B) and (C), the Sec- thereafter through 2032, the Medicare Pay- U.S.C. 1395w–28(f)(5)) is amended— retary shall convene a panel of clinical advi- ment Advisory Commission established (A) by striking ‘‘ALL SNPS.—The require- sors to establish and update a list of condi- under section 1805, in consultation with the ments’’ and inserting ‘‘ALL SNPS.— tions that meet each of the following cri- Medicaid and CHIP Payment and Access ‘‘(A) IN GENERAL.—Subject to subparagraph teria: Commission established under section 1900, (B), the requirements’’; ‘‘(i) Conditions that meet the definition of shall conduct (and submit to the Secretary (B) by redesignating subparagraphs (A) and a severe or disabling chronic condition under and the Committees on Ways and Means and (B) as clauses (i) and (ii), respectively, and subsection (b)(6)(B)(iii) on or after January 1, Energy and Commerce of the House of Rep- indenting appropriately; and 2022. resentatives and the Committee on Finance (C) in clause (ii), as redesignated by sub- ‘‘(ii) Conditions that require prescription of the Senate a report on) a study to deter- paragraph (B), by redesignating clauses (i) drugs, providers, and models of care that are mine how specialized MA plans for special through (iii) as subclauses (I) through (III), unique to the specific population of enrollees needs individuals described in subsection respectively, and indenting appropriately; in a specialized MA plan for special needs in- (b)(6)(B)(ii) perform among each other based and dividuals described in such subsection on or on data from Healthcare Effectiveness Data (D) by adding at the end the following new after such date and— and Information Set (HEDIS) quality meas- subparagraph: ‘‘(I) as a result of access to, and enrollment ures, reported on the plan level, as required ‘‘(B) IMPROVEMENTS TO CARE MANAGEMENT in, such a specialized MA plan for special under section 1852(e)(3) (or such other meas- REQUIREMENTS FOR SEVERE OR DISABLING needs individuals, individuals with such con- ures or data sources that are available and CHRONIC CONDITION SNPS.—For 2020 and subse- dition would have a reasonable expectation appropriate, such as encounter data and Con- sumer Assessment of Healthcare Providers quent years, in the case of a specialized MA of slowing or halting the progression of the and Systems data, as specified by such Com- plan for special needs individuals described disease, improving health outcomes and de- missions as enabling an accurate evaluation in subsection (b)(6)(B)(iii), the requirements creasing overall costs for individuals diag- under this subparagraph). Such study shall described in this paragraph include the fol- nosed with such condition compared to avail- include, as feasible, the following compari- lowing: able options of care other than through such son groups of specialized MA plans for spe- ‘‘(i) The interdisciplinary team under sub- a specialized MA plan for special needs indi- cial needs individuals described in subsection paragraph (A)(ii)(III) includes a team of pro- viduals; or (b)(6)(B)(ii): viders with demonstrated expertise, includ- ‘‘(II) have a low prevalence in the general ‘‘(I) A comparison group of such plans that ing training in an applicable specialty, in population of beneficiaries under this title or are described in subparagraph (D)(i)(I). treating individuals similar to the targeted a disproportionally high per-beneficiary cost ‘‘(II) A comparison group of such plans population of the plan. under this title. that are described in subparagraph (D)(i)(II). ‘‘(ii) Requirements developed by the Sec- ‘‘(B) INCLUSION OF CERTAIN CONDITIONS.— ‘‘(III) A comparison group of such plans op- retary to provide face-to-face encounters The conditions listed under subparagraph (A) erating within the Financial Alignment Ini- with individuals enrolled in the plan not less shall include HIV/AIDS, end stage renal dis- tiative demonstration for the period for frequently than on an annual basis. ease, and chronic and disabling mental ill- which such plan is so operating and the dem- ‘‘(iii) As part of the model of care under ness. onstration is in effect, and, in the case that clause (i) of subparagraph (A), the results of ‘‘(C) REQUIREMENT.—In establishing and an integration option that is not with re- the initial assessment and annual reassess- updating the list under subparagraph (A), spect to specialized MA plans for special ment under clause (ii)(I) of such subpara- the panel shall take into account the avail- needs individuals is established after the graph of each individual enrolled in the plan ability of varied benefits, cost-sharing, and conclusion of the demonstration involved. are addressed in the individual’s individual- supplemental benefits under the model de- ‘‘(IV) A comparison group of such plans ized care plan under clause (ii)(II) of such scribed in paragraph (2) of section 1859(h), in- that are described in subparagraph subparagraph. cluding the expansion under paragraph (1) of (D)(i)(III). ‘‘(iv) As part of the annual evaluation and such section.’’. approval of such model of care, the Secretary ‘‘(V) A comparison group of MA plans, as (d) QUALITY MEASUREMENT AT THE PLAN feasible, not described in a previous sub- shall take into account whether the plan ful- LEVEL FOR SNPS AND DETERMINATION OF clause of this clause, with respect to the per- filled the previous year’s goals (as required FEASABILITY OF QUALITY MEASUREMENT AT formance of such plans for enrollees who are under the model of care). special needs individuals described in sub- ‘‘(v) The Secretary shall establish a min- THE PLAN LEVEL FOR ALL MA PLANS.—Sec- section (b)(6)(B)(ii). imum benchmark for each element of the tion 1853(o) of the Social Security Act (42 ‘‘(ii) ADDITIONAL REPORTS.—Beginning with model of care of a plan. The Secretary shall U.S.C. 1395w–23(o)) is amended by adding at 2033 and every five years thereafter, the only approve a plan’s model of care under the end the following new paragraphs: Medicare Payment Advisory Commission, in this paragraph if each element of the model ‘‘(6) QUALITY MEASUREMENT AT THE PLAN consultation with the Medicaid and CHIP of care meets the minimum benchmark ap- LEVEL FOR SNPS.— Payment and Access Commission, shall con- plicable under the preceding sentence.’’. ‘‘(A) IN GENERAL.—Subject to subparagraph duct a study described in clause (i).’’. (2) REVISIONS TO THE DEFINITION OF A SE- (B), the Secretary may require reporting of (2) CONFORMING AMENDMENT TO RESPON- VERE OR DISABLING CHRONIC CONDITIONS SPE- data under section 1852(e) for, and apply SIBILITIES OF FEDERAL COORDINATED HEALTH CIALIZED NEEDS INDIVIDUAL.— under this subsection, quality measures at CARE OFFICE.—Section 2602(d) of Public Law (A) IN GENERAL.—Section 1859(b)(6)(B)(iii) the plan level for specialized MA plans for 111–148 (42 U.S.C. 1315b(d)) is amended by add- of the Social Security Act (42 U.S.C. 1395w– special needs individuals instead of at the ing at the end the following new paragraphs: 28(b)(6)(B)(iii)) is amended— contract level. ‘‘(6) To act as a designated contact for (i) by striking ‘‘who have’’ and inserting ‘‘(B) CONSIDERATIONS.—Prior to applying States under subsection (f)(8)(A) of section ‘‘who— quality measurement at the plan level under 1859 of the Social Security Act (42 U.S.C. ‘‘(I) before January 1, 2022, have’’; this paragraph, the Secretary shall— 1395w–28) with respect to the integration of (ii) in subclause (I), as added by clause (i), ‘‘(i) take into consideration the minimum specialized MA plans for special needs indi- by striking the period at the end and insert- number of enrollees in a specialized MA plan viduals described in subsection (b)(6)(B)(ii) of ing ‘‘; and’’; and for special needs individuals in order to de- such section. (iii) by adding at the end the following new termine if a statistically significant or valid ‘‘(7) To be responsible, subject to the final subclause: measurement of quality at the plan level is approval of the Secretary, for developing ‘‘(II) on or after January 1, 2022, have one possible under this paragraph; regulations and guidance related to the im- or more comorbid and medically complex ‘‘(ii) take into consideration the impact of plementation of a unified grievance and ap- chronic conditions that is life threatening or such application on plans that serve a dis- peals process as described in subparagraphs significantly limits overall health or func- proportionate number of individuals dually (B) and (C) of section 1859(f)(8) of the Social tion, have a high risk of hospitalization or eligible for benefits under this title and Security Act (42 U.S.C. 1395w–28(f)(8)). other adverse health outcomes, and require under title XIX; ‘‘(8) To be responsible, subject to the final intensive care coordination and that is listed ‘‘(iii) if quality measures are reported at approval of the Secretary, for developing under subsection (f)(9)(A).’’. the plan level, ensure that MA plans are not regulations and guidance related to the inte- (B) PANEL OF CLINICAL ADVISORS.—Section required to provide duplicative information; gration or alignment of policy and oversight 1859(f) of the Social Security Act (42 U.S.C. and under the Medicare program under title 1395w–28(f)), as amended by subsection (b), is ‘‘(iv) ensure that such reporting does not XVIII of such Act and the Medicaid program amended by adding at the end the following interfere with the collection of encounter under title XIX of such Act regarding spe- new paragraph: data submitted by MA organizations or the

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administration of any changes to the pro- and community-based settings and related ‘‘(iii) CHRONICALLY ILL ENROLLEE DE- gram under this part as a result of the col- financial impacts of such transitions. FINED.—In this subparagraph, the term lection of such data. (G) Barriers and opportunities for making ‘chronically ill enrollee’ means an enrollee ‘‘(C) APPLICATION.—If the Secretary applies further progress on dual integration, as well in an MA plan that the Secretary deter- quality measurement at the plan level under as recommendations for legislation or ad- mines— this paragraph— ministrative action to expedite or refine ‘‘(I) has one or more comorbid and medi- ‘‘(i) such quality measurement may in- pathways toward fully integrated care. cally complex chronic conditions that is life clude Medicare Health Outcomes Survey (2) REPORT.—Not later than 2 years after threatening or significantly limits the over- (HOS), Healthcare Effectiveness Data and In- the date of the enactment of this Act, the all health or function of the enrollee; formation Set (HEDIS), Consumer Assess- Comptroller General shall submit to Con- ‘‘(II) has a high risk of hospitalization or ment of Healthcare Providers and Systems gress a report containing the results of the other adverse health outcomes; and (CAHPS) measures and quality measures study conducted under paragraph (1), to- ‘‘(III) requires intensive care coordina- under part D; and gether with recommendations for such legis- tion.’’. ‘‘(ii) the Secretary shall consider applying lation and administrative action as the (b) GAO STUDY AND REPORT.— administrative actions, such as remedies de- Comptroller General determines appropriate. (1) STUDY.—The Comptroller General of the scribed in section 1857(g)(2), at the plan level. Subtitle C—Expanding Innovation and United States (in this subsection referred to ‘‘(7) DETERMINATION OF FEASIBILITY OF Technology as the ‘‘Comptroller General’’) shall conduct a study on supplemental benefits provided to QUALITY MEASUREMENT AT THE PLAN LEVEL SEC. 50321. ADAPTING BENEFITS TO MEET THE FOR ALL MA PLANS.— NEEDS OF CHRONICALLY ILL MEDI- enrollees in Medicare Advantage plans under ‘‘(A) DETERMINATION OF FEASIBILITY.—The CARE ADVANTAGE ENROLLEES. part C of title XVIII of the Social Security Secretary shall determine the feasibility of Section 1859 of the Social Security Act (42 Act, including specialized MA plans for spe- requiring reporting of data under section U.S.C. 1395w–28) is amended by adding at the cial needs individuals (as defined in section 1852(e) for, and applying under this sub- end the following new subsection: 1859(b)(6) of such Act (42 U.S.C. 1395w– section, quality measures at the plan level ‘‘(h) NATIONAL TESTING OF MEDICARE AD- 28(b)(6))). To the extend data are available, for all MA plans under this part. VANTAGE VALUE-BASED INSURANCE DESIGN such study shall include an analysis of the ‘‘(B) CONSIDERATION OF CHANGE.—After MODEL.— following: making a determination under subparagraph ‘‘(1) IN GENERAL.—In implementing the (A) The type of supplemental benefits pro- (A), the Secretary shall consider requiring Medicare Advantage Value-Based Insurance vided to such enrollees, the total number of such reporting and applying such quality Design model that is being tested under sec- enrollees receiving each supplemental ben- measures at the plan level as described in tion 1115A(b), the Secretary shall revise the efit, and whether the supplemental benefit is such subparagraph’’. testing of the model under such section to covered by the standard benchmark cost of (e) GAO STUDY AND REPORT ON STATE- cover, effective not later than January 1, the benefit or with an additional premium. LEVEL INTEGRATION BETWEEN DUAL SNPS 2020, all States. (B) The frequency in which supplemental AND MEDICAID.— ‘‘(2) TERMINATION AND MODIFICATION PROVI- benefits are utilized by such enrollees. (1) STUDY.—The Comptroller General of the SION NOT APPLICABLE UNTIL JANUARY 1, 2022.— (C) The impact supplemental benefits have United States (in this subsection referred to The provisions of section 1115A(b)(3)(B) shall on— as the ‘‘Comptroller General’’) shall conduct apply to the Medicare Advantage Value- (i) indicators of the quality of care re- a study on State-level integration between Based Insurance Design model, including ceived by such enrollees, including overall specialized MA plans for special needs indi- such model as revised under paragraph (1), health and function of the enrollees; viduals described in subsection (b)(6) (B)(ii) beginning January 1, 2022, but shall not (ii) the utilization of items and services for of section 1859 of the Social Security Act (42 apply to such model, as so revised, prior to which benefits are available under the origi- U.S.C. 1395w–28) and the Medicaid program such date. nal Medicare fee-for-service program option under title XIX of such Act (42 U.S.C. 1396 et ‘‘(3) FUNDING.—The Secretary shall allo- under parts A and B of such title XVIII by seq.). Such study shall include an analysis of cate funds made available under section such enrollees; and the following: 1115A(f)(1) to design, implement, and evalu- (iii) the amount of the bids submitted by (A) The characteristics of States in which ate the Medicare Advantage Value-Based In- Medicare Advantage Organizations for Medi- the State agency responsible for admin- surance Design model, as revised under para- care Advantage plans under such part C. istering the State plan under such title XIX graph (1).’’. (2) CONSULTATION.—In conducting the has a contract with such a specialized MA SEC. 50322. EXPANDING SUPPLEMENTAL BENE- study under paragraph (1), the Comptroller plan and that delivers long-term services and FITS TO MEET THE NEEDS OF General shall, as necessary, consult with the supports under the State plan under such CHRONICALLY ILL MEDICARE AD- Centers for Medicare & Medicaid Services title XIX through a managed care program, VANTAGE ENROLLEES. and Medicare Advantage organizations offer- including the requirements under such State (a) IN GENERAL.—Section 1852(a)(3) of the ing Medicare Advantage plans. plan with respect to long-term services and Social Security Act (42 U.S.C. 1395w–22(a)(3)) (3) REPORT.—Not later than 5 years after supports. is amended— the date of the enactment of this Act, the (B) The types of such specialized MA plans, (1) in subparagraph (A), by striking ‘‘Each’’ Comptroller General shall submit to Con- which may include the following: and inserting ‘‘Subject to subparagraph (D), gress a report containing the results of the (i) A plan described in section each’’; and study conducted under paragraph (1), to- 1853(a)(1)(B)(iv)(II) of such Act (42 U.S.C. (2) by adding at the end the following new gether with recommendations for such legis- 1395w–23(a)(1)(B)(iv)(II)). subparagraph: lation and administrative action as the (ii) A plan that meets the requirements de- ‘‘(D) EXPANDING SUPPLEMENTAL BENEFITS Comptroller General determines appropriate. scribed in subsection (f)(3)(D) of such section TO MEET THE NEEDS OF CHRONICALLY ILL EN- SEC. 50323. INCREASING CONVENIENCE FOR 1859. ROLLEES.— MEDICARE ADVANTAGE ENROLLEES (iii) A plan described in clause (ii) that ‘‘(i) IN GENERAL.—For plan year 2020 and THROUGH TELEHEALTH. also meets additional requirements estab- subsequent plan years, in addition to any (a) IN GENERAL.—Section 1852 of the Social lished by the State. supplemental health care benefits otherwise Security Act (42 U.S.C. 1395w–22) is amend- (C) The characteristics of individuals en- provided under this paragraph, an MA plan, ed— rolled in such specialized MA plans. including a specialized MA plan for special (1) in subsection (a)(1)(B)(i), by inserting ‘‘, (D) As practicable, the following with re- needs individuals (as defined in section subject to subsection (m),’’ after ‘‘means’’; spect to State programs for the delivery of 1859(b)(6)), may provide supplemental bene- and long-term services and supports under such fits described in clause (ii) to a chronically (2) by adding at the end the following new title XIX through a managed care program: ill enrollee (as defined in clause (iii)). subsection: (i) Which populations of individuals are eli- ‘‘(ii) SUPPLEMENTAL BENEFITS DESCRIBED.— ‘‘(m) PROVISION OF ADDITIONAL TELEHEALTH gible to receive such services and supports. ‘‘(I) IN GENERAL.—Supplemental benefits BENEFITS.— (ii) Whether all such services and supports described in this clause are supplemental ‘‘(1) MA PLAN OPTION.—For plan year 2020 are provided on a capitated basis or if any of benefits that, with respect to a chronically and subsequent plan years, subject to the re- such services and supports are carved out ill enrollee, have a reasonable expectation of quirements of paragraph (3), an MA plan may and provided through fee-for service. improving or maintaining the health or over- provide additional telehealth benefits (as de- (E) As practicable, how the availability all function of the chronically ill enrollee fined in paragraph (2)) to individuals en- and variation of integration arrangements of and may not be limited to being primarily rolled under this part. such specialized MA plans offered in States health related benefits. ‘‘(2) ADDITIONAL TELEHEALTH BENEFITS DE- affects spending, service delivery options, ac- ‘‘(II) AUTHORITY TO WAIVE UNIFORMITY RE- FINED.— cess to community-based care, and utiliza- QUIREMENTS.—The Secretary may, only with ‘‘(A) IN GENERAL.—For purposes of this sub- tion of care. respect to supplemental benefits provided to section and section 1854: (F) The efforts of State Medicaid programs a chronically ill enrollee under this subpara- ‘‘(i) DEFINITION.—The term ‘additional tele- to transition dually-eligible beneficiaries re- graph, waive the uniformity requirements health benefits’ means services— ceiving long-term services and supports under this part, as determined appropriate ‘‘(I) for which benefits are available under (LTSS) from institutional settings to home by the Secretary. part B, including services for which payment

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is not made under section 1834(m) due to the section only, the following shall apply with ‘‘(A) NON-APPLICATION OF ORIGINATING SITE conditions for payment under such section; respect to such services furnished by a physi- REQUIREMENTS.—The requirements described and cian or practitioner participating in an ap- in paragraph (4)(C) shall not apply with re- ‘‘(II) that are identified for such year as plicable ACO (as defined in paragraph (2)) to spect to telehealth services furnished on or clinically appropriate to furnish using elec- a Medicare fee-for-service beneficiary as- after January 1, 2019, for purposes of diag- tronic information and telecommunications signed to the applicable ACO: nosis, evaluation, or treatment of symptoms technology when a physician (as defined in ‘‘(A) INCLUSION OF HOME AS ORIGINATING of an acute stroke, as determined by the Sec- section 1861(r)) or practitioner (described in SITE.—Subject to paragraph (3), the home of retary. section 1842(b)(18)(C)) providing the service is a beneficiary shall be treated as an origi- ‘‘(B) INCLUSION OF CERTAIN SITES.—With re- not at the same location as the plan en- nating site described in section spect to telehealth services described in sub- rollee. 1834(m)(4)(C)(ii). paragraph (A), the term ‘originating site’ ‘‘(ii) EXCLUSION OF CAPITAL AND INFRA- ‘‘(B) NO APPLICATION OF GEOGRAPHIC LIMITA- shall include any hospital (as defined in sec- STRUCTURE COSTS AND INVESTMENTS.—The TION.—The geographic limitation under sec- term ‘additional telehealth benefits’ does tion 1834(m)(4)(C)(i) shall not apply with re- tion 1861(e)) or critical access hospital (as de- not include capital and infrastructure costs spect to an originating site described in sec- fined in section 1861(mm)(1)), any mobile and investments relating to such benefits. tion 1834(m)(4)(C)(ii) (including the home of a stroke unit (as defined by the Secretary), or ‘‘(B) PUBLIC COMMENT.—Not later than No- beneficiary under subparagraph (A)), subject any other site determined appropriate by the vember 30, 2018, the Secretary shall solicit to State licensing requirements. Secretary, at which the eligible telehealth comments on— ‘‘(2) DEFINITIONS.—In this subsection: individual is located at the time the service ‘‘(i) what types of items and services (in- ‘‘(A) APPLICABLE ACO.—The term ‘applica- is furnished via a telecommunications sys- cluding those provided through supplemental ble ACO’ means an ACO participating in a tem. health care benefits, such as remote patient model tested or expanded under section ‘‘(C) NO ORIGINATING SITE FACILITY FEE FOR monitoring, secure messaging, store and for- 1115A or under this section— NEW SITES.—No facility fee shall be paid ward technologies, and other non-face-to- ‘‘(i) that operates under a two-sided under paragraph (2)(B) to an originating site face communication) should be considered to model— with respect to a telehealth service described be additional telehealth benefits; and ‘‘(I) described in section 425.600(a) of title in subparagraph (A) if the originating site ‘‘(ii) the requirements for the provision or 42, Code of Federal Regulations; or does not otherwise meet the requirements furnishing of such benefits (such as training ‘‘(II) tested or expanded under section for an originating site under paragraph and coordination requirements). 1115A; and (4)(C).’’. ‘‘(3) REQUIREMENTS FOR ADDITIONAL TELE- ‘‘(ii) for which Medicare fee-for-service HEALTH BENEFITS.—The Secretary shall beneficiaries are assigned to the ACO using a Subtitle D—Identifying the Chronically Ill specify requirements for the provision or fur- prospective assignment method, as deter- Population nishing of additional telehealth benefits, in- mined appropriate by the Secretary. cluding with respect to the following: ‘‘(B) HOME.—The term ‘home’ means, with SEC. 50331. PROVIDING FLEXIBILITY FOR BENE- ‘‘(A) Physician or practitioner qualifica- respect to a Medicare fee-for-service bene- FICIARIES TO BE PART OF AN AC- tions (other than licensure) and other re- ficiary, the place of residence used as the COUNTABLE CARE ORGANIZATION. quirements such as specific training. home of the beneficiary. Section 1899(c) of the Social Security Act ‘‘(B) Factors necessary for the coordina- ‘‘(3) TELEHEALTH SERVICES RECEIVED IN THE (42 U.S.C. 1395jjj(c)) is amended— tion of such benefits with other items and HOME.—In the case of telehealth services de- (1) by redesignating paragraphs (1) and (2) services including those furnished in-person. scribed in paragraph (1) where the home of a as subparagraphs (A) and (B), respectively, ‘‘(C) Such other areas as determined by the Medicare fee-for-service beneficiary is the and indenting appropriately; Secretary. originating site, the following shall apply: (2) by striking ‘‘ACOS.—The Secretary’’ ‘‘(4) ENROLLEE CHOICE.—If an MA plan pro- ‘‘(A) NO FACILITY FEE.—There shall be no and inserting ‘‘ACOS.— vides a service as an additional telehealth facility fee paid to the originating site under ‘‘(1) IN GENERAL.—Subject to paragraph (2), benefit (as defined in paragraph (2))— section 1834(m)(2)(B). the Secretary’’; and ‘‘(A) the MA plan shall also provide access ‘‘(B) EXCLUSION OF CERTAIN SERVICES.—No to such benefit through an in-person visit payment may be made for such services that (3) by adding at the end the following new (and not only as an additional telehealth are inappropriate to furnish in the home set- paragraph: benefit); and ting such as services that are typically fur- ‘‘(2) PROVIDING FLEXIBILITY.— ‘‘(B) an individual enrollee shall have dis- nished in inpatient settings such as a hos- ‘‘(A) CHOICE OF PROSPECTIVE ASSIGNMENT.— cretion as to whether to receive such service pital.’’. For each agreement period (effective for through the in-person visit or as an addi- (b) STUDY AND REPORT.— agreements entered into or renewed on or tional telehealth benefit. (1) STUDY.— after January 1, 2020), in the case where an ‘‘(5) TREATMENT UNDER MA.—For purposes (A) IN GENERAL.—The Secretary of Health ACO established under the program is in a of this subsection and section 1854, if a plan and Human Services (in this subsection re- Track that provides for the retrospective as- provides additional telehealth benefits, such ferred to as the ‘‘Secretary’’) shall conduct a signment of Medicare fee-for-service bene- additional telehealth benefits shall be treat- study on the implementation of section ficiaries to the ACO, the Secretary shall per- ed as if they were benefits under the original 1899(l) of the Social Security Act, as added mit the ACO to choose to have Medicare fee- Medicare fee-for-service program option. by subsection (a). Such study shall include for-service beneficiaries assigned prospec- ‘‘(6) CONSTRUCTION.—Nothing in this sub- an analysis of the utilization of, and expendi- tively, rather than retrospectively, to the section shall be construed as affecting the tures for, telehealth services under such sec- ACO for an agreement period. requirement under subsection (a)(1) that MA tion. ‘‘(B) ASSIGNMENT BASED ON VOLUNTARY plans provide enrollees with items and serv- (B) COLLECTION OF DATA.—The Secretary IDENTIFICATION BY MEDICARE FEE-FOR-SERVICE ices (other than hospice care) for which bene- may collect such data as the Secretary de- BENEFICIARIES.— fits are available under parts A and B, in- termines necessary to carry out the study ‘‘(i) IN GENERAL.—For performance year cluding benefits available under section under this paragraph. 2018 and each subsequent performance year, 1834(m).’’. (2) REPORT.—Not later than January 1, if a system is available for electronic des- (b) CLARIFICATION REGARDING INCLUSION IN 2026, the Secretary shall submit to Congress ignation, the Secretary shall permit a Medi- BID AMOUNT.—Section 1854(a)(6)(A)(ii)(I) of a report containing the results of the study care fee-for-service beneficiary to volun- the Social Security Act (42 U.S.C. 1395w– conducted under paragraph (1), together with tarily identify an ACO professional as the 24(a)(6)(A)(ii)(I)) is amended by inserting ‘‘, recommendations for such legislation and including, for plan year 2020 and subsequent administrative action as the Secretary de- primary care provider of the beneficiary for plan years, the provision of additional tele- termines appropriate. purposes of assigning such beneficiary to an health benefits as described in section ACO, as determined by the Secretary. SEC. 50325. EXPANDING THE USE OF TELE- 1852(m)’’ before the semicolon at the end. ‘‘(ii) NOTIFICATION PROCESS.—The Sec- HEALTH FOR INDIVIDUALS WITH SEC. 50324. PROVIDING ACCOUNTABLE CARE OR- STROKE. retary shall establish a process under which GANIZATIONS THE ABILITY TO EX- Section 1834(m) of the Social Security Act a Medicare fee-for-service beneficiary is— PAND THE USE OF TELEHEALTH. ‘‘(I) notified of their ability to make an (a) IN GENERAL.—Section 1899 of the Social (42 U.S.C. 1395m(m)), as amended by section identification described in clause (i); and Security Act (42 U.S.C. 1395jjj) is amended by 50302(b)(1), is amended— adding at the end the following new sub- (1) in paragraph (4)(C)(i), in the matter pre- ‘‘(II) informed of the process by which they section: ceding subclause (I), by striking ‘‘The term’’ may make and change such identification. ‘‘(l) PROVIDING ACOS THE ABILITY TO EX- and inserting ‘‘Except as provided in para- ‘‘(iii) SUPERSEDING CLAIMS-BASED ASSIGN- PAND THE USE OF TELEHEALTH SERVICES.— graph (6), the term’’; and MENT.—A voluntary identification by a Medi- ‘‘(1) IN GENERAL.—In the case of telehealth (2) by adding at the end the following new care fee-for-service beneficiary under this services for which payment would otherwise paragraph: subparagraph shall supersede any claims- be made under this title furnished on or after ‘‘(6) TREATMENT OF STROKE TELEHEALTH based assignment otherwise determined by January 1, 2020, for purposes of this sub- SERVICES.— the Secretary.’’.

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ELIMINATING BARRIERS TO CARE CO- centage increase in the consumer price index under an ACO Beneficiary Incentive Program ORDINATION UNDER ACCOUNTABLE for all urban consumers (United States city established under subsection (m) of section CARE ORGANIZATIONS. average) for the 12-month period ending with 1899, if the payment is made in accordance (a) IN GENERAL.—Section 1899 of the Social June of the previous year; with the requirements of such subsection Security Act (42 U.S.C. 1395jjj), as amended ‘‘(ii) in the same amount for each Medicare and meets such other conditions as the Sec- by section 50324(a), is amended— fee-for-service beneficiary described in retary may establish.’’. clause (i) or (ii) of subparagraph (B) without (1) in subsection (b)(2), by adding at the (c) EVALUATION AND REPORT.— regard to enrollment of such a beneficiary in end the following new subparagraph: (1) EVALUATION.—The Secretary of Health ‘‘(I) An ACO that seeks to operate an ACO a medicare supplemental policy (described in and Human Services (in this subsection re- Beneficiary Incentive Program pursuant to section 1882(g)(1)), in a State Medicaid plan ferred to as the ‘‘Secretary’’) shall conduct subsection (m) shall apply to the Secretary under title XIX or a waiver of such a plan, or an evaluation of the ACO Beneficiary Incen- at such time, in such manner, and with such in any other health insurance policy or tive Program established under subsections information as the Secretary may require.’’; health benefit plan; (b)(2)(I) and (m) of section 1899 of the Social (2) by adding at the end the following new ‘‘(iii) made for each qualifying service fur- Security Act (42 U.S.C. 1395jjj), as added by subsection: nished to such a beneficiary described in subsection (a). The evaluation shall include ‘‘(m) AUTHORITY TO PROVIDE INCENTIVE clause (i) or (ii) of subparagraph (B) during a an analysis of the impact of the implementa- PAYMENTS TO BENEFICIARIES WITH RESPECT period specified by the Secretary; and tion of the Program on expenditures and TO QUALIFYING PRIMARY CARE SERVICES.— ‘‘(iv) made no later than 30 days after a beneficiary health outcomes under title ‘‘(1) PROGRAM.— qualifying service is furnished to such a ben- XVIII of the Social Security Act (42 U.S.C. ‘‘(A) IN GENERAL.—In order to encourage eficiary described in clause (i) or (ii) of sub- 1395 et seq.). paragraph (B). Medicare fee-for-service beneficiaries to ob- (2) REPORT.—Not later than October 1, 2023, tain medically necessary primary care serv- ‘‘(E) NO SEPARATE PAYMENTS FROM THE SEC- the Secretary shall submit to Congress a re- ices, an ACO participating under this section RETARY.—The Secretary shall not make any port containing the results of the evaluation under a payment model described in clause separate payment to an ACO for the costs, under paragraph (1), together with rec- (i) or (ii) of paragraph (2)(B) may apply to es- including incentive payments, of carrying ommendations for such legislation and ad- tablish an ACO Beneficiary Incentive Pro- out an ACO Beneficiary Incentive Program ministrative action as the Secretary deter- gram to provide incentive payments to such established under this subsection. Nothing in mines appropriate. beneficiaries who are furnished qualifying this subparagraph shall be construed as pro- services in accordance with this subsection. hibiting an ACO from using shared savings SEC. 50342. GAO STUDY AND REPORT ON LONGI- The Secretary shall permit such an ACO to received under this section to carry out an TUDINAL COMPREHENSIVE CARE ACO Beneficiary Incentive Program. PLANNING SERVICES UNDER MEDI- establish such a program at the Secretary’s CARE PART B. discretion and subject to such requirements, ‘‘(F) NO APPLICATION TO SHARED SAVINGS including program integrity requirements, CALCULATION.—Incentive payments made by (a) STUDY.—The Comptroller General shall as the Secretary determines necessary. an ACO under this subsection shall be dis- conduct a study on the establishment under ‘‘(B) IMPLEMENTATION.—The Secretary regarded for purposes of calculating bench- part B of the Medicare program under title shall implement this subsection on a date de- marks, estimated average per capita Medi- XVIII of the Social Security Act of a pay- termined appropriate by the Secretary. Such care expenditures, and shared savings under ment code for a visit for longitudinal com- date shall be no earlier than January 1, 2019, this section. prehensive care planning services. Such and no later than January 1, 2020. ‘‘(G) REPORTING REQUIREMENTS.—An ACO study shall include an analysis of the fol- ‘‘(2) CONDUCT OF PROGRAM.— conducting an ACO Beneficiary Incentive lowing to the extent such information is ‘‘(A) DURATION.—Subject to subparagraph Program under this subsection shall, at such available: (H), an ACO Beneficiary Incentive Program times and in such format as the Secretary (1) The frequency with which services simi- established under this subsection shall be may require, report to the Secretary such in- lar to longitudinal comprehensive care plan- conducted for such period (of not less than 1 formation and retain such documentation as ning services are furnished to Medicare bene- year) as the Secretary may approve. the Secretary may require, including the ficiaries, which providers of services and sup- ‘‘(B) SCOPE.—An ACO Beneficiary Incentive amount and frequency of incentive payments pliers are furnishing those services, whether Program established under this subsection made and the number of Medicare fee-for- Medicare reimbursement is being received shall provide incentive payments to all of service beneficiaries receiving such pay- for those services, and, if so, through which the following Medicare fee-for-service bene- ments. codes those services are being reimbursed. ficiaries who are furnished qualifying serv- ‘‘(H) TERMINATION.—The Secretary may (2) Whether, and the extent to which, lon- ices by the ACO: terminate an ACO Beneficiary Incentive Pro- gitudinal comprehensive care planning serv- ‘‘(i) With respect to the Track 2 and Track gram established under this subsection at ices would overlap, and could therefore re- 3 payment models described in section any time for reasons determined appropriate sult in duplicative payment, with services 425.600(a) of title 42, Code of Federal Regula- by the Secretary. covered under the hospice benefit as well as tions (or in any successor regulation), Medi- ‘‘(3) EXCLUSION OF INCENTIVE PAYMENTS.— the chronic care management code, evalua- care fee-for-service beneficiaries who are pre- Any payment made under an ACO Bene- tion and management codes, or other codes liminarily prospectively or prospectively as- ficiary Incentive Program established under that already exist under part B of the Medi- signed (or otherwise assigned, as determined this subsection shall not be considered in- care program. by the Secretary) to the ACO. come or resources or otherwise taken into (3) Any barriers to hospitals, skilled nurs- ‘‘(ii) With respect to any future payment account for purposes of— ing facilities, hospice programs, home health models involving two-sided risk, Medicare ‘‘(A) determining eligibility for benefits or agencies, and other applicable providers fee-for-service beneficiaries who are assigned assistance (or the amount or extent of bene- working with a Medicare beneficiary to en- to the ACO, as determined by the Secretary. fits or assistance) under any Federal pro- gage in the care planning process and com- ‘‘(C) QUALIFYING SERVICE.—For purposes of gram or under any State or local program fi- plete the necessary documentation to sup- this subsection, a qualifying service is a pri- nanced in whole or in part with Federal port the treatment and care plan of the bene- mary care service, as defined in section 425.20 funds; or ficiary and provide such documentation to of title 42, Code of Federal Regulations (or in ‘‘(B) any Federal or State laws relating to other providers and the beneficiary or the any successor regulation), with respect to taxation.’’; beneficiary’s representative. which coinsurance applies under part B, fur- (3) in subsection (e), by inserting ‘‘, includ- (4) Any barriers to providers, other than nished through an ACO by— ing an ACO Beneficiary Incentive Program the provider furnishing longitudinal com- ‘‘(i) an ACO professional described in sub- under subsections (b)(2)(I) and (m)’’ after prehensive care planning services, accessing section (h)(1)(A) who has a primary care spe- ‘‘the program’’; and the care plan and associated documentation cialty designation included in the definition (4) in subsection (g)(6), by inserting ‘‘or of for use related to the care of the Medicare of primary care physician under section an ACO Beneficiary Incentive Program under beneficiary. 425.20 of title 42, Code of Federal Regulations subsections (b)(2)(I) and (m)’’ after ‘‘under (5) Potential options for ensuring that ap- (or any successor regulation); subsection (d)(4)’’. plicable providers are notified of a patient’s ‘‘(ii) an ACO professional described in sub- (b) AMENDMENT TO SECTION 1128B.—Section existing longitudinal care plan and that ap- section (h)(1)(B); or 1128B(b)(3) of the Social Security Act (42 plicable providers consider that plan in mak- ‘‘(iii) a Federally qualified health center or U.S.C. 1320a–7b(b)(3)) is amended— ing their treatment decisions, and what the rural health clinic (as such terms are defined (1) by striking ‘‘and’’ at the end of subpara- challenges might be in implementing such in section 1861(aa)). graph (I); options. ‘‘(D) INCENTIVE PAYMENTS.—An incentive (2) by striking the period at the end of sub- (6) Stakeholder’s views on the need for the payment made by an ACO pursuant to an paragraph (J) and inserting ‘‘; and’’; and development of quality metrics with respect ACO Beneficiary Incentive Program estab- (3) by adding at the end the following new to longitudinal comprehensive care planning lished under this subsection shall be— subparagraph: services, such as measures related to—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S764 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) the process of eliciting input from the goals, values, and preferences of the bene- (2) The utilization of obesity drugs. Medicare beneficiary or from a legally au- ficiary, and the availability of other re- (3) The distribution of Body Mass Index by thorized representative and documenting in sources and social supports that may reduce individuals taking obesity drugs, to the ex- the medical record the patient-directed care the beneficiary’s health risks and promote tent practicable. plan; self-management and shared decision- (4) What is known about the use of obesity (B) the effectiveness and patient- making. drugs in conjunction with the receipt of centeredness of the care plan in organizing (5) SECRETARY.—The term ‘‘Secretary’’ other items or services, such as behavioral delivery of services consistent with the plan; means the Secretary of Health and Human counseling, and how these compare to items (C) the availability of the care plan and as- Services. and services received by obese individuals sociated documentation to other providers Subtitle F—Other Policies to Improve Care who do not take obesity drugs. that care for the beneficiary; and for the Chronically Ill (5) Physician considerations and attitudes (D) the extent to which the beneficiary re- related to prescribing obesity drugs. SEC. 50351. GAO STUDY AND REPORT ON IMPROV- ceived services and support that is free from (6) The extent to which coverage policies discrimination based on advanced age, dis- ING MEDICATION SYNCHRONI- ZATION. cease or limit coverage for individuals who ability status, or advanced illness. (a) STUDY.—The Comptroller General of fail to receive clinical benefit. (7) Stakeholder’s views on how such qual- the United States (in this section referred to (7) What is known about the extent to ity metrics would provide information on— as the ‘‘Comptroller General’’) shall conduct which individuals who take obesity drugs ad- (A) the goals, values, and preferences of a study on the extent to which Medicare pre- here to the prescribed regimen. the beneficiary; scription drug plans (MA–PD plans and stand (8) What is known about the extent to (B) the documentation of the care plan; alone prescription drug plans) under part D which individuals who take obesity drugs (C) services furnished to the beneficiary; of title XVIII of the Social Security Act and maintain weight loss over time. and (9) What is known about the subsequent (D) outcomes of treatment. private payors use programs that syn- chronize pharmacy dispensing so that indi- impact such drugs have on medical services (8) Stakeholder’s views on— that are directly related to obesity, includ- (A) the type of training and education viduals may receive multiple prescriptions on the same day to facilitate comprehensive ing with respect to subpopulations deter- needed for applicable providers, individuals, mined based on the extent of obesity. and caregivers in order to facilitate longitu- counseling and promote medication adher- ence. The study shall include a analysis of (10) What is known about the spending as- dinal comprehensive care planning services; sociated with the care of individuals who (B) the types of providers of services and the following: (1) The extent to which pharmacies have take obesity drugs, compared to the spend- suppliers that should be included in the ing associated with the care of individuals interdisciplinary team of an applicable pro- adopted such programs. (2) The common characteristics of such who do not take such drugs. vider; and (b) REPORT.—Not later than 18 months (C) the characteristics of Medicare bene- programs, including how pharmacies struc- ture counseling sessions under such pro- after the date of the enactment of this Act, ficiaries that would be most appropriate to the Comptroller General shall submit to grams and the types of payment and other receive longitudinal comprehensive care Congress a report containing the results of arrangements that Medicare prescription planning services, such as individuals with the study under subsection (a), together with drug plans and private payors employ under advanced disease and individuals who need recommendations for such legislation and such programs to support the efforts of phar- assistance with multiple activities of daily administrative action as the Comptroller living. macies. General determines appropriate. (3) How such programs compare for Medi- (9) Stakeholder’s views on the frequency SEC. 50353. HHS STUDY AND REPORT ON LONG- with which longitudinal comprehensive care care prescription drug plans and private TERM RISK FACTORS FOR CHRONIC planning services should be furnished. payors. CONDITIONS AMONG MEDICARE (b) REPORT.—Not later than 18 months (4) What is known about how such pro- BENEFICIARIES. after the date of the enactment of this Act, grams affect patient medication adherence (a) STUDY.—The Secretary of Health and the Comptroller General shall submit to and overall patient health outcomes, includ- Human Services (in this section referred to Congress a report containing the results of ing if adherence and outcomes vary by pa- as the ‘‘Secretary’’) shall conduct a study on the study conducted under subsection (a), to- tient subpopulations, such as disease state long-term cost drivers to the Medicare pro- gether with recommendations for such legis- and socioeconomic status. gram, including obesity, tobacco use, mental lation and administrative action as the (5) What is known about overall patient health conditions, and other factors that Comptroller General determines appropriate. satisfaction with such programs and satis- may contribute to the deterioration of (c) DEFINITIONS.—In this section: faction with such programs, including within health conditions among individuals with (1) APPLICABLE PROVIDER.—The term ‘‘ap- patient subpopulations, such as disease state chronic conditions in the Medicare popu- plicable provider’’ means a hospice program and socioeconomic status. lation. The study shall include an analysis of (as defined in subsection (dd)(2) of section (6) The extent to which laws and regula- any barriers to collecting and analyzing such 1861 of the Social Security Act (42 U.S.C. tions of the Medicare program support such information and how to remove any such 1395ww)) or other provider of services (as de- programs. barriers (including through legislation and fined in subsection (u) of such section) or (7) Barriers to the use of medication syn- administrative actions). supplier (as defined in subsection (d) of such chronization programs by Medicare prescrip- (b) REPORT.—Not later than 18 months section) that— tion drug plans. after the date of the enactment of this Act, (A) furnishes longitudinal comprehensive (b) REPORT.—Not later than 18 months the Secretary shall submit to Congress a re- care planning services through an inter- after the date of the enactment of this Act, port containing the results of the study disciplinary team; and the Comptroller General shall submit to under subsection (a), together with rec- (B) meets such other requirements as the Congress a report containing the results of ommendations for such legislation and ad- ministrative action as the Secretary deter- Secretary may determine to be appropriate. the study under subsection (a), together with mines appropriate. The Secretary shall also (2) COMPTROLLER GENERAL.—The term recommendations for such legislation and post such report on the Internet website of ‘‘Comptroller General’’ means the Comp- administrative action as the Comptroller the Department of Health and Human Serv- troller General of the United States. General determines appropriate. ices. (3) INTERDISCIPLINARY TEAM.—The term SEC. 50352. GAO STUDY AND REPORT ON IMPACT SEC. 50354. PROVIDING PRESCRIPTION DRUG ‘‘interdisciplinary team’’ means a group OF OBESITY DRUGS ON PATIENT PLANS WITH PARTS A AND B CLAIMS HEALTH AND SPENDING. that— DATA TO PROMOTE THE APPRO- (A) includes the personnel described in sub- (a) STUDY.—The Comptroller General of PRIATE USE OF MEDICATIONS AND section (dd)(2)(B)(i) of such section 1861; the United States (in this section referred to IMPROVE HEALTH OUTCOMES. (B) may include a chaplain, minister, or as the ‘‘Comptroller General’’) shall, to the Section 1860D–4(c) of the Social Security other clergy; and extent data are available, conduct a study on Act (42 U.S.C. 1395w–104(c)) is amended by (C) may include other direct care per- the use of prescription drugs to manage the adding at the end the following new para- sonnel. weight of obese patients and the impact of graph: (4) LONGITUDINAL COMPREHENSIVE CARE coverage of such drugs on patient health and ‘‘(6) PROVIDING PRESCRIPTION DRUG PLANS PLANNING SERVICES.—The term ‘‘longitudinal on health care spending. Such study shall ex- WITH PARTS A AND B CLAIMS DATA TO PROMOTE comprehensive care planning services’’ amine the use and impact of these obesity THE APPROPRIATE USE OF MEDICATIONS AND IM- means a voluntary shared decisionmaking drugs in the non-Medicare population and for PROVE HEALTH OUTCOMES.— process that is furnished by an applicable Medicare beneficiaries who have such drugs ‘‘(A) PROCESS.—Subject to subparagraph provider through an interdisciplinary team covered through an MA–PD plan (as defined (B), the Secretary shall establish a process and includes a conversation with Medicare in section 1860D–1(a)(3)(C) of the Social Secu- under which a PDP sponsor of a prescription beneficiaries who have received a diagnosis rity Act (42 U.S.C. 1395w–101(a)(3)(C))) as a drug plan may submit a request for the Sec- of a serious or life-threatening illness. The supplemental health care benefit. The study retary to provide the sponsor, on a periodic purpose of such services is to discuss a longi- shall include an analysis of the following: basis and in an electronic format, beginning tudinal care plan that addresses the progres- (1) The prevalence of obesity in the Medi- in plan year 2020, data described in subpara- sion of the disease, treatment options, the care and non-Medicare population. graph (D) with respect to enrollees in such

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plan. Such data shall be provided without re- ‘‘(B) PAYMENT METHODOLOGY.—For pur- units described in this clause, with respect gard to whether such enrollees are described poses of this paragraph, the Secretary shall to drugs included in payment category 1 de- in clause (ii) of paragraph (2)(A). establish a payment methodology, with re- scribed in subparagraph (C)(i), are one unit ‘‘(B) PURPOSES.—A PDP sponsor may use spect to items and services described in sub- of HCPCS code 96365 plus three units of the data provided to the sponsor pursuant to paragraph (A)(i). Under such payment meth- HCPCS code 96366 (as identified as of Janu- subparagraph (A) for any of the following odology the Secretary shall— ary 1, 2018, and as subsequently modified by purposes: ‘‘(i) create the three payment categories the Secretary). ‘‘(i) To optimize therapeutic outcomes described in clauses (i), (ii), and (iii) of sub- ‘‘(iii) PAYMENT AMOUNT FOR CATEGORY 2.— through improved medication use, as such paragraph (C); For purposes of clause (i), the codes and phrase is used in clause (i) of paragraph ‘‘(ii) assign drugs to such categories, in ac- units described in this clause, with respect (2)(A). cordance with such clauses; to drugs included in payment category 2 de- ‘‘(ii) To improving care coordination so as ‘‘(iii) assign appropriate Healthcare Com- scribed in subparagraph (C)(i), are one unit to prevent adverse health outcomes, such as mon Procedure Coding System (HCPCS) of HCPCS code 96369 plus three units of preventable emergency department visits codes to each payment category; and HCPCS code 96370 (as identified as of Janu- and hospital readmissions. ‘‘(iv) establish a single payment amount ary 1, 2018, and as subsequently modified by ‘‘(iii) For any other purpose determined ap- for each such payment category, in accord- the Secretary). propriate by the Secretary. ance with subparagraph (D), for each infu- ‘‘(iv) PAYMENT AMOUNT FOR CATEGORY 3.— ‘‘(C) LIMITATIONS ON DATA USE.—A PDP sion drug administration calendar day in the For purposes of clause (i), the codes and sponsor shall not use data provided to the individual’s home for drugs assigned to such units described in this clause, with respect sponsor pursuant to subparagraph (A) for category. to drugs included in payment category 3 de- any of the following purposes: ‘‘(C) PAYMENT CATEGORIES.— scribed in subparagraph (C)(i), are one unit ‘‘(i) To inform coverage determinations ‘‘(i) PAYMENT CATEGORY 1.—The Secretary of HCPCS code 96413 plus three units of under this part. shall create a payment category 1 and assign HCPCS code 96415 (as identified as of Janu- ‘‘(ii) To conduct retroactive reviews of to such category drugs which are covered ary 1, 2018, and as subsequently modified by medically accepted indications determina- under the Local Coverage Determination on the Secretary). tions. External Infusion Pumps (LCD number ‘‘(E) CLARIFICATIONS.— ‘‘(iii) To facilitate enrollment changes to a L33794) and billed with the following HCPCS ‘‘(i) INFUSION DRUG ADMINISTRATION DAY.— different prescription drug plan or an MA– codes (as identified as of January 1, 2018, and For purposes of this subsection, with respect PD plan offered by the same parent organiza- as subsequently modified by the Secretary): to the furnishing of transitional home infu- tion. J0133, J0285, J0287, J0288, J0289, J0895, J1170, sion drugs or home infusion drugs to an indi- ‘‘(iv) To inform marketing of benefits. J1250, J1265, J1325, J1455, J1457, J1570, J2175, vidual by an eligible home infusion supplier ‘‘(v) For any other purpose that the Sec- J2260, J2270, J2274, J2278, J3010, or J3285. or a qualified home infusion therapy sup- retary determines is necessary to include in ‘‘(ii) PAYMENT CATEGORY 2.—The Secretary plier, a reference to payment to such sup- order to protect the identity of individuals shall create a payment category 2 and assign plier for an infusion drug administration cal- entitled to, or enrolled for, benefits under to such category drugs which are covered endar day in the individual’s home shall this title and to protect the security of per- under such local coverage determination and refer to payment only for the date on which sonal health information. billed with the following HCPCS codes (as professional services (as described in section ‘‘(D) DATA DESCRIBED.—The data described identified as of January 1, 2018, and as subse- 1861(iii)(2)(A)) were furnished to administer in this clause are standardized extracts (as quently modified by the Secretary): J1555 such drugs to such individual. For purposes determined by the Secretary) of claims data JB, J1559 JB, J1561 JB, J1562 JB, J1569 JB, or of the previous sentence, an infusion drug under parts A and B for items and services J1575 JB. administration calendar day shall include all furnished under such parts for time periods ‘‘(iii) PAYMENT CATEGORY 3.—The Secretary such drugs administered to such individual specified by the Secretary. Such data shall shall create a payment category 3 and assign on such day. include data as current as practicable.’’. to such category drugs which are covered ‘‘(ii) TREATMENT OF MULTIPLE DRUGS ADMIN- TITLE IV—PART B IMPROVEMENT ACT under such local coverage determination and ISTERED ON SAME INFUSION DRUG ADMINISTRA- AND OTHER PART B ENHANCEMENTS billed with the following HCPCS codes (as TION DAY.—In the case that an eligible home Subtitle A—Medicare Part B Improvement identified as of January 1, 2018, and as subse- infusion supplier, with respect to an infusion Act quently modified by the Secretary): J9000, drug administration calendar day in an indi- J9039, J9040, J9065, J9100, J9190, J9200, J9360, vidual’s home, furnishes to such individual SEC. 50401. HOME INFUSION THERAPY SERVICES or J9370. TEMPORARY TRANSITIONAL PAY- transitional home infusion drugs which are MENT. ‘‘(iv) INFUSION DRUGS NOT OTHERWISE IN- not all assigned to the same payment cat- (a) IN GENERAL.—Section 1834(u) of the So- CLUDED.—With respect to drugs that are not egory under subparagraph (C), payment to cial Security Act (42 U.S.C. 1395m(u)) is included in payment category 1, 2, or 3 under such supplier for such infusion drug adminis- clause (i), (ii), or (iii), respectively, the Sec- amended, by adding at the end the following tration calendar day in the individual’s retary shall assign to the most appropriate new paragraph: home shall be a single payment equal to the of such categories, as determined by the Sec- ‘‘(7) HOME INFUSION THERAPY SERVICES TEM- amount of payment under this paragraph for retary, drugs which are— PORARY TRANSITIONAL PAYMENT.— the drug, among all such drugs so furnished ‘‘(I) covered under such local coverage de- ‘‘(A) TEMPORARY TRANSITIONAL PAYMENT.— to such individual during such calendar day, termination and billed under HCPCS codes ‘‘(i) IN GENERAL.—The Secretary shall, in for which the highest payment would be J7799 or J7999 (as identified as of July 1, 2017, accordance with the payment methodology made under this paragraph. and as subsequently modified by the Sec- described in subparagraph (B) and subject to ‘‘(F) ELIGIBLE HOME INFUSION SUPPLIERS.— retary); or the provisions of this paragraph, provide a In this paragraph, the term ‘eligible home ‘‘(II) billed under any code that is imple- home infusion therapy services temporary infusion supplier’ means a supplier that is mented after the date of the enactment of transitional payment under this part to an enrolled under this part as a pharmacy that this paragraph and included in such local eligible home infusion supplier (as defined in provides external infusion pumps and exter- coverage determination or included in sub- subparagraph (F)) for items and services de- nal infusion pump supplies and that main- regulatory guidance as a home infusion drug scribed in subparagraphs (A) and (B) of sec- tains all pharmacy licensure requirements in described in subparagraph (A)(i). tion 1861(iii)(2)) furnished during the period the State in which the applicable infusion ‘‘(D) PAYMENT AMOUNTS.— specified in clause (ii) by such supplier in co- drugs are administered. ordination with the furnishing of transi- ‘‘(i) IN GENERAL.—Under the payment ‘‘(G) IMPLEMENTATION.—Notwithstanding methodology, the Secretary shall pay eligi- tional home infusion drugs (as defined in any other provision of law, the Secretary ble home infusion suppliers, with respect to clause (iii)). may implement this paragraph by program ERIOD SPECIFIED.—For purposes of items and services described in subparagraph ‘‘(ii) P instruction or otherwise.’’. (A)(i) furnished during the period described clause (i), the period specified in this clause (b) CONFORMING AMENDMENTS.—(1) Section is the period beginning on January 1, 2019, in subparagraph (A)(ii) by such supplier to 1842(b)(6)(I) of the Social Security Act (42 and ending on the day before the date of the an individual, at amounts equal to the U.S.C. 1395u(b)(6)(I)) is amended by inserting implementation of the payment system amounts determined under the physician fee ‘‘or, in the case of items and services de- under paragraph (1)(A). schedule established under section 1848 for scribed in clause (i) of section 1834(u)(7)(A) ‘‘(iii) TRANSITIONAL HOME INFUSION DRUG services furnished during the year for codes furnished to an individual during the period DEFINED.—For purposes of this paragraph, and units of such codes described in clauses described in clause (ii) of such section, pay- the term ‘transitional home infusion drug’ (ii), (iii), and (iv) with respect to drugs in- ment shall be made to the eligible home in- has the meaning given to the term ‘home in- cluded in the payment category under sub- fusion therapy supplier’’ after ‘‘payment fusion drug’ under section 1861(iii)(3)(C)), ex- paragraph (C) specified in the respective shall be made to the qualified home infusion cept that clause (ii) of such section shall not clause, determined without application of therapy supplier’’. apply if a drug described in such clause is the geographic adjustment under subsection (2) Section 5012(d) of the 21st Century identified in clauses (i), (ii), (iii) or (iv) of (e) of such section. Cures Act is amended by inserting the fol- subparagraph (C) as of the date of the enact- ‘‘(ii) PAYMENT AMOUNT FOR CATEGORY 1.— lowing before the period at the end: ‘‘, except ment of this paragraph. For purposes of clause (i), the codes and that the amendments made by paragraphs (1)

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S766 CONGRESSIONAL RECORD — SENATE February 7, 2018 and (2) of subsection (c) shall apply to items SEC. 50404. MODERNIZING THE APPLICATION OF Subtitle B—Additional Medicare Provisions THE STARK RULE UNDER MEDI- and services furnished on or after January 1, SEC. 50411. MAKING PERMANENT THE REMOVAL CARE. 2019’’. OF THE RENTAL CAP FOR DURABLE SEC. 50402. ORTHOTIST’S AND PROSTHETIST’S (a) CLARIFICATION OF THE WRITING REQUIRE- MEDICAL EQUIPMENT UNDER MEDI- CLINICAL NOTES AS PART OF THE CARE WITH RESPECT TO SPEECH MENT AND SIGNATURE REQUIREMENT FOR AR- PATIENT’S MEDICAL RECORD. GENERATING DEVICES. Section 1834(h) of the Social Security Act RANGEMENTS PURSUANT TO THE STARK Section 1834(a)(2)(A)(iv) of the Social Secu- (42 U.S.C. 1395m(h)) is amended by adding at RULE.— rity Act (42 U.S.C. 1395m(a)(2)(A)(iv)) is the end the following new paragraph: (1) WRITING REQUIREMENT.—Section amended by striking ‘‘and before October 1, ‘‘(5) DOCUMENTATION CREATED BY 1877(h)(1) of the Social Security Act (42 2018,’’. ORTHOTISTS AND PROSTHETISTS.—For purposes U.S.C. 1395nn(h)(1)) is amended by adding at SEC. 50412. INCREASED CIVIL AND CRIMINAL of determining the reasonableness and med- the end the following new subparagraph: PENALTIES AND INCREASED SEN- ical necessity of orthotics and prosthetics, ‘‘(D) WRITTEN REQUIREMENT CLARIFIED.—In TENCES FOR FEDERAL HEALTH documentation created by an orthotist or the case of any requirement pursuant to this CARE PROGRAM FRAUD AND ABUSE. prosthetist shall be considered part of the in- section for a compensation arrangement to (a) INCREASED CIVIL MONEY PENALTIES AND dividual’s medical record to support docu- be in writing, such requirement shall be sat- CRIMINAL FINES.— mentation created by eligible professionals isfied by such means as determined by the (1) INCREASED CIVIL MONEY PENALTIES.— described in section 1848(k)(3)(B).’’. Secretary, including by a collection of docu- Section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) is amended— SEC. 50403. INDEPENDENT ACCREDITATION FOR ments, including contemporaneous docu- DIALYSIS FACILITIES AND ASSUR- ments evidencing the course of conduct be- (A) in subsection (a), in the matter fol- ANCE OF HIGH QUALITY SURVEYS. tween the parties involved.’’. lowing paragraph (10)— (a) ACCREDITATION AND SURVEYS.— (2) SIGNATURE REQUIREMENT.—Section (i) by striking ‘‘$10,000’’ and inserting (1) IN GENERAL.—Section 1865 of the Social 1877(h)(1) of the Social Security Act (42 ‘‘$20,000’’ each place it appears; Security Act (42 U.S.C. 1395bb) is amended— U.S.C. 1395nn(h)(1)), as amended by para- (ii) by striking ‘‘$15,000’’ and inserting (A) in subsection (a)— graph (1), is further amended by adding at ‘‘$30,000’’; and (i) in paragraph (1), in the matter pre- the end the following new subparagraph: (iii) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’ each place it appears; and ceding subparagraph (A), by striking ‘‘or the ‘‘(E) SPECIAL RULE FOR SIGNATURE REQUIRE- (B) in subsection (b)— conditions and requirements under section MENTS.—In the case of any requirement pur- (i) in paragraph (1), in the flush text fol- 1881(b)’’; and suant to this section for a compensation ar- lowing subparagraph (B), by striking ‘‘$2,000’’ (ii) in paragraph (4), by inserting ‘‘(includ- rangement to be in writing and signed by the and inserting ‘‘$5,000’’; ing a renal dialysis facility)’’ after ‘‘facil- parties, such signature requirement shall be (ii) in paragraph (2), by striking ‘‘$2,000’’ ity’’; and met if— and inserting ‘‘$5,000’’; and (B) by adding at the end the following new ‘‘(i) not later than 90 consecutive calendar (iii) in paragraph (3)(A)(i), by striking subsection: days immediately following the date on ‘‘$5,000’’ and inserting ‘‘$10,000’’. ‘‘(e) With respect to an accreditation body which the compensation arrangement be- (2) INCREASED CRIMINAL FINES.—Section that has received approval from the Sec- came noncompliant, the parties obtain the 1128B of such Act (42 U.S.C. 1320a–7b) is retary under subsection (a)(3)(A) for accredi- required signatures; and tation of provider entities that are required amended— ‘‘(ii) the compensation arrangement other- (A) in subsection (a), in the matter fol- to meet the conditions and requirements wise complies with all criteria of the appli- under section 1881(b), in addition to review lowing paragraph (6)— cable exception.’’. and oversight authorities otherwise applica- (i) by striking ‘‘$25,000’’ and inserting ble under this title, the Secretary shall (as (b) INDEFINITE HOLDOVER FOR LEASE AR- ‘‘$100,000’’; and the Secretary determines appropriate) con- RANGEMENTS AND PERSONAL SERVICES AR- (ii) by striking ‘‘$10,000’’ and inserting duct, with respect to such accreditation body RANGEMENTS PURSUANT TO THE STARK ‘‘$20,000’’; and provider entities, any or all of the fol- RULE.—Section 1877(e) of the Social Security (B) in subsection (b)— (i) in paragraph (1), in the flush text fol- lowing as frequently as is otherwise required Act (42 U.S.C. 1395nn(e)) is amended— lowing subparagraph (B), by striking to be conducted under this title with respect (1) in paragraph (1), by adding at the end to other accreditation bodies or other pro- ‘‘$25,000’’ and inserting ‘‘$100,000’’; and the following new subparagraph: vider entities: (ii) in paragraph (2), in the flush text fol- ‘‘(C) HOLDOVER LEASE ARRANGEMENTS.—In ‘‘(1) Validation surveys referred to in sub- lowing subparagraph (B), by striking the case of a holdover lease arrangement for section (d). ‘‘$25,000’’ and inserting ‘‘$100,000’’; the lease of office space or equipment, which ‘‘(2) Accreditation program reviews (as de- (C) in subsection (c), by striking ‘‘$25,000’’ immediately follows a lease arrangement de- fined in section 488.8(c) of title 42 of the Code and inserting ‘‘$100,000’’; scribed in subparagraph (A) for the use of of Federal Regulations, or a successor regu- (D) in subsection (d), in the flush text fol- such office space or subparagraph (B) for the lation). lowing paragraph (2), by striking ‘‘$25,000’’ use of such equipment and that expired after ‘‘(3) Performance reviews (as defined in and inserting ‘‘$100,000’’; and a term of at least 1 year, payments made by section 488.8(a) of title 42 of the Code of Fed- (E) in subsection (e), by striking ‘‘$2,000’’ the lessee to the lessor pursuant to such eral Regulations, or a successor regula- and inserting ‘‘$4,000’’. holdover lease arrangement, if— tion).’’. (b) INCREASED SENTENCES FOR FELONIES IN- ‘‘(i) the lease arrangement met the condi- (2) TIMING FOR ACCEPTANCE OF REQUESTS VOLVING FEDERAL HEALTH CARE PROGRAM tions of subparagraph (A) for the lease of of- FROM ACCREDITATION ORGANIZATIONS.—Not FRAUD AND ABUSE.— fice space or subparagraph (B) for the use of later than 90 days after the date of enact- (1) FALSE STATEMENTS AND REPRESENTA- equipment when the arrangement expired; ment of this Act, the Secretary of Health TIONS.—Section 1128B(a) of the Social Secu- ‘‘(ii) the holdover lease arrangement is on and Human Services shall begin accepting rity Act (42 U.S.C. 1320a–7b(a)) is amended, in the same terms and conditions as the imme- requests from national accreditation bodies the matter following paragraph (6), by strik- diately preceding arrangement; and for a finding described in section 1865(a)(3)(A) ing ‘‘not more than five years or both, or ‘‘(iii) the holdover arrangement continues of the Social Security Act (42 U.S.C. (ii)’’ and inserting ‘‘not more than 10 years to satisfy the conditions of subparagraph (A) 1395bb(a)(3)(A)) for purposes of accrediting or both, or (ii)’’. for the lease of office space or subparagraph provider entities that are required to meet (2) ANTIKICKBACK.—Section 1128B(b) of such (B) for the use of equipment.’’; and the conditions and requirements under sec- Act (42 U.S.C. 1320a–7b(b)) is amended— (2) in paragraph (3), by adding at the end tion 1881(b) of such Act (42 U.S.C. 1395rr(b)). (A) in paragraph (1), in the flush text fol- the following new subparagraph: (b) REQUIREMENT FOR TIMING OF SURVEYS lowing subparagraph (B), by striking ‘‘not ‘‘(C) HOLDOVER PERSONAL SERVICE AR- OF NEW DIALYSIS FACILITIES.—Section more than five years’’ and inserting ‘‘not 1881(b)(1) of the Social Security Act (42 RANGEMENT.—In the case of a holdover per- more than 10 years’’; and U.S.C. 1395rr(b)(1)) is amended by adding at sonal service arrangement, which imme- (B) in paragraph (2), in the flush text fol- the end the following new sentence: ‘‘Begin- diately follows an arrangement described in lowing subparagraph (B), by striking ‘‘not ning 180 days after the date of the enactment subparagraph (A) that expired after a term of more than five years’’ and inserting ‘‘not of this sentence, an initial survey of a pro- at least 1 year, remuneration from an entity more than 10 years’’. vider of services or a renal dialysis facility pursuant to such holdover personal service (3) FALSE STATEMENT OR REPRESENTATION to determine if the conditions and require- arrangement, if— WITH RESPECT TO CONDITIONS OR OPERATIONS ments under this paragraph are met shall be ‘‘(i) the personal service arrangement met OF FACILITIES.—Section 1128B(c) of such Act initiated not later than 90 days after such the conditions of subparagraph (A) when the (42 U.S.C. 1320a–7b(c)) is amended by striking date on which both the provider enrollment arrangement expired; ‘‘not more than five years’’ and inserting form (without regard to whether such form ‘‘(ii) the holdover personal service arrange- ‘‘not more than 10 years’’. is submitted prior to or after such date of en- ment is on the same terms and conditions as (4) EXCESS CHARGES.—Section 1128B(d) of actment) has been determined by the Sec- the immediately preceding arrangement; and such Act (42 U.S.C. 1320a–7b(d)) is amended, retary to be complete and the provider’s en- ‘‘(iii) the holdover arrangement continues in the flush text following paragraph (2), by rollment status indicates approval is pending to satisfy the conditions of subparagraph striking ‘‘not more than five years’’ and in- the results of such survey.’’. (A).’’. serting ‘‘not more than 10 years’’.

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(c) EFFECTIVE DATE.—The amendments product, or the introduction of a newer TITLE V—OTHER HEALTH EXTENDERS made by this section shall apply to acts com- model or version of the product in the mar- SEC. 50501. EXTENSION FOR FAMILY-TO-FAMILY mitted after the date of the enactment of ket involved.’’. HEALTH INFORMATION CENTERS. this Act. (b) CODIFYING AND EXPANDING ANTI-SWITCH- Section 501(c) of the Social Security Act SEC. 50413. REDUCING THE VOLUME OF FUTURE ING RULE.—Section 1847(b) of the Social Se- (42 U.S.C. 701(c)) is amended— EHR-RELATED SIGNIFICANT HARD- curity Act (42 U.S.C. 1395w–3(b)), as amended (1) in paragraph (1)(A)— SHIP REQUESTS. by subsection (a)(1), is further amended— (A) in clause (v), by striking ‘‘and’’ at the Section 1848(o)(2)(A) of the Social Security (1) by redesignating paragraph (11) as para- end; Act (42 U.S.C. 1395w–4(o)(2)(A)) and section graph (12); and (B) in clause (vi), by striking the period at 1886(n)(3)(A) of such Act (42 U.S.C. (2) by inserting after paragraph (10) the fol- the end and inserting ‘‘; and’’; and 1395ww(n)(3)(A)) are each amended in the last lowing new paragraph: (C) by adding at the end the following new sentence by striking ‘‘by requiring’’ and all ‘‘(11) ADDITIONAL SPECIAL RULES IN CASE OF that follows through ‘‘this paragraph’’. clause: COMPETITION FOR DIABETIC TESTING STRIPS.— ‘‘(vii) $6,000,000 for each of fiscal years 2018 SEC. 50414. STRENGTHENING RULES IN CASE OF COMPETITION FOR DIABETIC TEST- ‘‘(A) IN GENERAL.—With respect to an enti- and 2019.’’; ING STRIPS. ty that is furnishing diabetic testing strip (2) in paragraph (3)(C), by inserting before (a) SPECIAL RULE IN CASE OF COMPETITION products to individuals under a contract en- the period the following: ‘‘, and with respect FOR DIABETIC TESTING STRIPS.— tered into under the competitive acquisition to fiscal years 2018 and 2019, such centers (1) IN GENERAL.—Paragraph (10) of section program established under this section, the shall also be developed in all territories and 1847(b) of the Social Security Act (42 U.S.C. entity shall furnish to each individual a at least one such center shall be developed 1395w–3(b)) is amended— brand of such products that is compatible for Indian tribes’’; and (A) in subparagraph (A), by striking the with the home blood glucose monitor se- (3) by amending paragraph (5) to read as second sentence and inserting the following lected by the individual. follows: new sentence: ‘‘With respect to bids to fur- ‘‘(B) PROHIBITION ON INFLUENCING AND ‘‘(5) For purposes of this subsection— nish such types of products on or after Janu- INCENTIVIZING.—An entity described in sub- ‘‘(A) the term ‘Indian tribe’ has the mean- ary 1, 2019, the volume for such types of prod- paragraph (A) may not attempt to influence ing given such term in section 4 of the Indian ucts shall be determined by the Secretary or incentivize an individual to switch the Health Care Improvement Act (25 U.S.C. through the use of multiple sources of data brand of glucose monitor or diabetic testing 1603); (from mail order and non-mail order Medi- strip product selected by the individual, in- ‘‘(B) the term ‘State’ means each of the 50 care markets), including market-based data cluding by— States and the District of Columbia; and measuring sales of diabetic testing strip ‘‘(i) persuading, pressuring, or advising the ‘‘(C) the term ‘territory’ means Puerto products that are not exclusively sold by a individual to switch; or Rico, Guam, American Samoa, the Virgin Is- single retailer from such markets.’’; and ‘‘(ii) furnishing information about alter- lands, and the Northern Mariana Islands.’’. (B) by adding at the end the following new native brands to the individual where the in- SEC. 50502. EXTENSION FOR SEXUAL RISK AVOID- subparagraphs: dividual has not requested such information. ANCE EDUCATION. ‘‘(C) DEMONSTRATION OF ABILITY TO FURNISH ‘‘(C) PROVISION OF INFORMATION.— (a) IN GENERAL.—Section 510 of the Social TYPES OF DIABETIC TESTING STRIP PRODUCTS.— ‘‘(i) STANDARDIZED INFORMATION.—Not later Security Act (42 U.S.C. 710) is amended to With respect to bids to furnish diabetic test- than January 1, 2019, the Secretary shall de- read as follows: ing strip products on or after January 1, 2019, velop and make available to entities de- ‘‘SEC. 510. SEXUAL RISK AVOIDANCE EDUCATION. an entity shall attest to the Secretary that scribed in subparagraph (A) standardized in- ‘‘(a) IN GENERAL.— the entity has the ability to obtain an inven- formation that describes the rights of an in- ‘‘(1) ALLOTMENTS TO STATES.—For the pur- tory of the types and quantities of diabetic dividual with respect to such an entity. The pose described in subsection (b), the Sec- testing strip products that will allow the en- information described in the preceding sen- retary shall, for each of fiscal years 2018 and tity to furnish such products in a manner tence shall include information regarding— 2019, allot to each State which has trans- consistent with its bid and— ‘‘(I) the requirements established under mitted an application for the fiscal year ‘‘(i) demonstrate to the Secretary, through subparagraphs (A) and (B); under section 505(a) an amount equal to the letters of intent with manufacturers, whole- ‘‘(II) the right of the individual to purchase product of— salers, or other suppliers, or other evidence diabetic testing strip products from another ‘‘(A) the amount appropriated pursuant to as the Secretary may specify, such ability; mail order supplier of such products or a re- subsection (e)(1) for the fiscal year, minus or tail pharmacy if the entity is not able to fur- the amount reserved under subsection (e)(2) ‘‘(ii) demonstrate to the Secretary that it nish the brand of such product that is com- for the fiscal year; and made a good faith attempt to obtain such a patible with the home blood glucose monitor ‘‘(B) the proportion that the number of letter of intent or such other evidence. selected by the individual; and low-income children in the State bears to ‘‘(D) USE OF UNLISTED TYPES IN CALCULA- ‘‘(III) the right of the individual to return the total of such numbers of children for all TION OF PERCENTAGE.—With respect to bids to diabetic testing strip products furnished to the States. furnish diabetic testing strip products on or the individual by the entity. ‘‘(2) OTHER ALLOTMENTS.— after January 1, 2019, in determining under ‘‘(ii) REQUIREMENT.—With respect to dia- ‘‘(A) OTHER ENTITIES.—For the purpose de- subparagraph (A) whether a bid submitted by betic testing strip products furnished on or scribed in subsection (b), the Secretary shall, an entity under such subparagraph covers 50 after the date on which the Secretary devel- for each of fiscal years 2018 and 2019, for any percent (or such higher percentage as the ops the standardized information under State which has not transmitted an applica- Secretary may specify) of all types of dia- clause (i), an entity described in subpara- tion for the fiscal year under section 505(a), betic testing strip products, the Secretary graph (A) may not communicate directly to allot to one or more entities in the State the may not attribute a percentage to types of an individual until the entity has verbally amount that would have been allotted to the diabetic testing strip products that the Sec- provided the individual with such standard- State under paragraph (1) if the State had retary does not identify by brand, model, and ized information. submitted such an application. market share volume. ‘‘(D) ORDER REFILLS.—With respect to dia- ‘‘(B) PROCESS.—The Secretary shall select ‘‘(E) ADHERENCE TO DEMONSTRATION.— betic testing strip products furnished on or the recipients of allotments under subpara- ‘‘(i) IN GENERAL.—In the case of an entity after January 1, 2019, the Secretary shall re- graph (A) by means of a competitive grant that is furnishing diabetic testing strip prod- quire an entity furnishing diabetic testing process under which— ucts on or after January 1, 2019, under a con- strip products to an individual to contact ‘‘(i) not later than 30 days after the dead- tract entered into under the competition and receive a request from the individual for line for the State involved to submit an ap- conducted pursuant to paragraph (1), the such products not more than 14 days prior to plication for the fiscal year under section Secretary shall establish a process to mon- dispensing a refill of such products to the in- 505(a), the Secretary publishes a notice solic- itor, on an ongoing basis, the extent to dividual.’’. iting grant applications; and which such entity continues to cover the (c) IMPLEMENTATION; NON-APPLICATION OF ‘‘(ii) not later than 120 days after such product types included in the entity’s bid. THE PAPERWORK REDUCTION ACT.— deadline, all such applications must be sub- ‘‘(ii) TERMINATION.—If the Secretary deter- (1) IMPLEMENTATION.—Notwithstanding any mitted. mines that an entity described in clause (i) other provision of law, the Secretary of ‘‘(b) PURPOSE.— fails to maintain in inventory, or otherwise Health and Human Services may implement ‘‘(1) IN GENERAL.—Except for research maintain ready access to (through require- the provisions of, and amendments made by, under paragraph (5) and information collec- ments, contracts, or otherwise) a type of this section by program instruction or other- tion and reporting under paragraph (6), the product included in the entity’s bid, the Sec- wise. purpose of an allotment under subsection (a) retary may terminate such contract unless (2) NON-APPLICATION OF THE PAPERWORK RE- to a State (or to another entity in the State the Secretary finds that the failure of the DUCTION ACT.—Chapter 35 of title 44, United pursuant to subsection (a)(2)) is to enable the entity to maintain inventory of, or ready ac- States Code (commonly referred to as the State or other entity to implement edu- cess to, the product is the result of the dis- ‘‘Paperwork Reduction Act of 1995’’), shall cation exclusively on sexual risk avoidance continuation of the product by the product not apply to this section or the amendments (meaning voluntarily refraining from sexual manufacturer, a market-wide shortage of the made by this section. activity).

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‘‘(2) REQUIRED COMPONENTS.—Education on ‘‘(B) submit a report to the Congress on the awarded for any of fiscal years 2015 through sexual risk avoidance pursuant to an allot- results of such evaluations, together with a 2017’’; ment under this section shall— summary of the information collected pursu- (3) in subsection (c)(1), by inserting after ‘‘(A) ensure that the unambiguous and pri- ant to subsection (b)(6). ‘‘youth with HIV/AIDS,’’ the following: ‘‘vic- mary emphasis and context for each topic ‘‘(2) CONSULTATION.—In conducting the tims of human trafficking,’’; and described in paragraph (3) is a message to evaluations required by paragraph (1), in- (4) in subsection (f), by striking ‘‘2017’’ and youth that normalizes the optimal health be- cluding the establishment of rigorous eval- inserting ‘‘2019’’. havior of avoiding nonmarital sexual activ- uation methodologies, the Secretary shall (b) EFFECTIVE DATE.—The amendments ity; consult with relevant stakeholders and eval- made by this section shall take effect as if ‘‘(B) be medically accurate and complete; uation experts. enacted on October 1, 2017. ‘‘(C) be age-appropriate; ‘‘(d) APPLICABILITY OF CERTAIN PROVI- ‘‘(D) be based on adolescent learning and SIONS.— TITLE VI—CHILD AND FAMILY SERVICES developmental theories for the age group re- ‘‘(1) Sections 503, 507, and 508 apply to al- AND SUPPORTS EXTENDERS ceiving the education; and lotments under subsection (a) to the same Subtitle A—Continuing the Maternal, Infant, ‘‘(E) be culturally appropriate, recognizing extent and in the same manner as such sec- and Early Childhood Home Visiting Program the experiences of youth from diverse com- tions apply to allotments under section 502(c). SEC. 50601. CONTINUING EVIDENCE-BASED HOME munities, backgrounds, and experiences. VISITING PROGRAM. ‘‘(3) TOPICS.—Education on sexual risk ‘‘(2) Sections 505 and 506 apply to allot- avoidance pursuant to an allotment under ments under subsection (a) to the extent de- Section 511(j)(1)(H) of the Social Security this section shall address each of the fol- termined by the Secretary to be appropriate. Act (42 U.S.C. 711(j)(1)(H)) is amended by lowing topics: ‘‘(e) DEFINITIONS.—In this section: striking ‘‘fiscal year 2017’’ and inserting ‘‘(A) The holistic individual and societal ‘‘(1) The term ‘age-appropriate’ means suit- ‘‘each of fiscal years 2017 through 2022’’. benefits associated with personal responsi- able (in terms of topics, messages, and teach- SEC. 50602. CONTINUING TO DEMONSTRATE RE- bility, self-regulation, goal setting, healthy ing methods) to the developmental and so- SULTS TO HELP FAMILIES. cial maturity of the particular age or age decisionmaking, and a focus on the future. (a) REQUIRE SERVICE DELIVERY MODELS TO group of children or adolescents, based on de- ‘‘(B) The advantage of refraining from non- DEMONSTRATE IMPROVEMENT IN APPLICABLE veloping cognitive, emotional, and behav- marital sexual activity in order to improve BENCHMARK AREAS.—Section 511 of the So- ioral capacity typical for the age or age the future prospects and physical and emo- cial Security Act (42 U.S.C. 711) is amended group. tional health of youth. in each of subsections (d)(1)(A) and (h)(4)(A) ‘‘(2) The term ‘medically accurate and ‘‘(C) The increased likelihood of avoiding by striking ‘‘each of’’. complete’ means verified or supported by the poverty when youth attain self-sufficiency (b) DEMONSTRATION OF IMPROVEMENTS IN and emotional maturity before engaging in weight of research conducted in compliance with accepted scientific methods and— SUBSEQUENT YEARS.—Section 511(d)(1) of sexual activity. such Act (42 U.S.C. 711(d)(1)) is amended by ‘‘(D) The foundational components of ‘‘(A) published in peer-reviewed journals, where applicable; or adding at the end the following: healthy relationships and their impact on ‘‘(D) DEMONSTRATION OF IMPROVEMENTS IN the formation of healthy marriages and safe ‘‘(B) comprising information that leading professional organizations and agencies with SUBSEQUENT YEARS.— and stable families. ‘‘(i) CONTINUED MEASUREMENT OF IMPROVE- ‘‘(E) How other youth risk behaviors, such relevant expertise in the field recognize as accurate, objective, and complete. MENT IN APPLICABLE BENCHMARK AREAS.—The as drug and alcohol usage, increase the risk eligible entity, after demonstrating improve- for teen sex. ‘‘(3) The term ‘rigorous’, with respect to research or evaluation, means using— ments for eligible families as specified in ‘‘(F) How to resist and avoid, and receive subparagraphs (A) and (B), shall continue to help regarding, sexual coercion and dating ‘‘(A) established scientific methods for measuring the impact of an intervention or track and report, not later than 30 days after violence, recognizing that even with consent the end of fiscal year 2020 and every 3 years teen sex remains a youth risk behavior. program model in changing behavior (specifi- cally sexual activity or other sexual risk be- thereafter, information demonstrating that ‘‘(4) CONTRACEPTION.—Education on sexual haviors), or reducing pregnancy, among the program results in improvements for the risk avoidance pursuant to an allotment eligible families participating in the pro- under this section shall ensure that— youth; or ‘‘(B) other evidence-based methodologies gram in at least 4 of the areas specified in ‘‘(A) any information provided on contra- subparagraph (A) that the service delivery ception is medically accurate and complete established by the Secretary for purposes of this section. model or models selected by the entity are and ensures that students understand that intended to improve. contraception offers physical risk reduction, ‘‘(4) The term ‘youth’ refers to one or more individuals who have attained age 10 but not ‘‘(ii) CORRECTIVE ACTION PLAN.—If the eligi- but not risk elimination; and ble entity fails to demonstrate improvement ‘‘(B) the education does not include dem- age 20. ‘‘(f) FUNDING.— in at least 4 of the areas specified in subpara- onstrations, simulations, or distribution of ‘‘(1) IN GENERAL.—To carry out this sec- graph (A), as compared to eligible families contraceptive devices. tion, there is appropriated, out of any money who do not receive services under an early ‘‘(5) RESEARCH.— in the Treasury not otherwise appropriated, childhood home visitation program, the enti- ‘‘(A) IN GENERAL.—A State or other entity $75,000,000 for each of fiscal years 2018 and ty shall develop and implement a plan to im- receiving an allotment pursuant to sub- 2019. prove outcomes in each of the areas specified section (a) may use up to 20 percent of such ‘‘(2) RESERVATION.—The Secretary shall re- in subparagraph (A) that the service delivery allotment to build the evidence base for sex- serve, for each of fiscal years 2018 and 2019, model or models selected by the entity are ual risk avoidance education by conducting not more than 20 percent of the amount ap- intended to improve, subject to approval by or supporting research. propriated pursuant to paragraph (1) for ad- the Secretary. The plan shall include provi- ‘‘(B) REQUIREMENTS.—Any research con- ministering the program under this section, sions for the Secretary to monitor imple- ducted or supported pursuant to subpara- including the conducting of national evalua- mentation of the plan and conduct continued graph (A) shall be— tions and the provision of technical assist- oversight of the program, including through ‘‘(i) rigorous; ance to the recipients of allotments.’’. submission by the entity of regular reports ‘‘(ii) evidence-based; and (b) EFFECTIVE DATE.—The amendment to the Secretary. ‘‘(iii) designed and conducted by inde- made by this section shall take effect as if ‘‘(iii) TECHNICAL ASSISTANCE.—The Sec- pendent researchers who have experience in enacted on October 1, 2017. retary shall provide an eligible entity re- conducting and publishing research in peer- SEC. 50503. EXTENSION FOR PERSONAL RESPON- quired to develop and implement an im- reviewed outlets. SIBILITY EDUCATION. provement plan under clause (ii) with tech- ‘‘(6) INFORMATION COLLECTION AND REPORT- (a) IN GENERAL.—Section 513 of the Social nical assistance to develop and implement ING.—A State or other entity receiving an al- Security Act (42 U.S.C. 713) is amended— the plan. The Secretary may provide the lotment pursuant to subsection (a) shall, as (1) in subsection (a)(1)(A), by striking technical assistance directly or through specified by the Secretary— ‘‘2017’’ and inserting ‘‘2019’’; and grants, contracts, or cooperative agree- ‘‘(A) collect information on the programs (2) in subsection (a)(4)— ments. and activities funded through the allotment; (A) in subparagraph (A), by striking ‘‘2017’’ ‘‘(iv) NO IMPROVEMENT OR FAILURE TO SUB- and each place it appears and inserting ‘‘2019’’; MIT REPORT.—If the Secretary determines ‘‘(B) submit reports to the Secretary on and after a period of time specified by the Sec- the data from such programs and activities. (B) in subparagraph (B)— retary that an eligible entity implementing ‘‘(c) NATIONAL EVALUATION.— (i) in the subparagraph heading, by strik- an improvement plan under clause (ii) has ‘‘(1) IN GENERAL.—The Secretary shall— ing ‘‘3-YEAR GRANTS’’ and inserting ‘‘COM- failed to demonstrate any improvement in at ‘‘(A) in consultation with appropriate PETITIVE PREP GRANTS’’; and least 4 of the areas specified in subparagraph State and local agencies, conduct one or (ii) in clause (i), by striking ‘‘solicit appli- (A), or if the Secretary determines that an more rigorous evaluations of the education cations to award 3-year grants in each of fis- eligible entity has failed to submit the re- funded through this section and associated cal years 2012 through 2017’’ and inserting port required by clause (i), the Secretary data; and ‘‘continue through fiscal year 2019 grants shall terminate the grant made to the entity

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under this section and may include any un- (c) EXTENDED AVAILABILITY OF FUNDS.— porate existing nonproprietary standards, expended grant funds in grants made to non- Section 511(j)(3) of such Act (42 U.S.C. such as the eXtensible Mark up Language. profit organizations under subsection 711(j)(3)) is amended— ‘‘(iv) RULE OF CONSTRUCTION.—Nothing in (h)(2)(B).’’. (1) by striking ‘‘(3) AVAILABILITY.—Funds’’ this paragraph shall be construed to require (c) INCLUDING INFORMATION ON APPLICABLE and inserting the following: a change to existing data exchange standards BENCHMARKS IN APPLICATION.—Section ‘‘(3) AVAILABILITY.— for Federal reporting about a program re- 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is ‘‘(A) IN GENERAL.—Except as provided in ferred to in this section, if the head of the amended by inserting ‘‘that the service de- subparagraph (B), funds’’; and department or agency responsible for admin- livery model or models selected by the enti- (2) by adding at the end the following: istering the program finds the standards to ty are intended to improve’’ before the pe- ‘‘(B) FUNDS FOR PAY FOR OUTCOMES INITIA- be effective and efficient.’’. riod at the end. TIVES.—Funds made available to an eligible (b) EFFECTIVE DATE.—The amendment SEC. 50603. REVIEWING STATEWIDE NEEDS TO entity under this section for a fiscal year (or made by subsection (a) shall take effect on TARGET RESOURCES. portion of a fiscal year) for a pay for out- the date that is 2 years after the date of en- Section 511(b)(1) of the Social Security Act comes initiative shall remain available for actment of this Act. (42 U.S.C. 711(b)(1)) is amended by striking expenditure by the eligible entity for not SEC. 50607. ALLOCATION OF FUNDS. ‘‘Not later than’’ and all that follows more than 10 years after the funds are so Section 511(j) of the Social Security Act (42 through ‘‘section 505(a))’’ and inserting made available.’’. ‘‘Each State shall, as a condition of receiv- U.S.C. 711(j)) is amended by adding at the SEC. 50606. DATA EXCHANGE STANDARDS FOR IM- end the following: ing payments from an allotment for the PROVED INTEROPERABILITY. ‘‘(4) ALLOCATION OF FUNDS.—To the extent State under section 502, conduct a statewide (a) IN GENERAL.—Section 511(h) of the So- needs assessment (which may be separate cial Security Act (42 U.S.C. 711(h)) is amend- that the grant amount awarded under this from but in coordination with the statewide ed by adding at the end the following: section to an eligible entity is determined on the basis of relative population or poverty needs assessment required under section ‘‘(5) DATA EXCHANGE STANDARDS FOR IM- 505(a) and which shall be reviewed and up- PROVED INTEROPERABILITY.— considerations, the Secretary shall make the dated by the State not later than October 1, ‘‘(A) DESIGNATION AND USE OF DATA EX- determination using the most accurate Fed- 2020)’’. CHANGE STANDARDS.— eral data available for the eligible entity.’’. SEC. 50604. IMPROVING THE LIKELIHOOD OF ‘‘(i) DESIGNATION.—The head of the depart- Subtitle B—Extension of Health Professions SUCCESS IN HIGH-RISK COMMU- ment or agency responsible for admin- Workforce Demonstration Projects NITIES. istering a program funded under this section Section 511(d)(4)(A) of the Social Security SEC. 50611. EXTENSION OF HEALTH WORKFORCE shall, in consultation with an interagency Act (42 U.S.C. 711(d)(4)(A)) is amended by in- DEMONSTRATION PROJECTS FOR work group established by the Office of Man- LOW-INCOME INDIVIDUALS. serting ‘‘, taking into account the staffing, agement and Budget and considering State community resource, and other requirements Section 2008(c)(1) of the Social Security government perspectives, designate data ex- to operate at least one approved model of Act (42 U.S.C. 1397g(c)(1)) is amended by change standards for necessary categories of home visiting and demonstrate improve- striking ‘‘2017’’ and inserting ‘‘2019’’. information that a State agency operating ments for eligible families’’ before the pe- TITLE VII—FAMILY FIRST PREVENTION the program is required to electronically ex- riod. SERVICES ACT change with another State agency under ap- SEC. 50605. OPTION TO FUND EVIDENCE-BASED plicable Federal law. Subtitle A—Investing in Prevention and HOME VISITING ON A PAY FOR OUT- Supporting Families COME BASIS. ‘‘(ii) DATA EXCHANGE STANDARDS MUST BE (a) IN GENERAL.—Section 511(c) of the So- NONPROPRIETARY AND INTEROPERABLE.—The SEC. 50701. SHORT TITLE. cial Security Act (42 U.S.C. 711(c)) is amend- data exchange standards designated under This subtitle may be cited as the ‘‘Bipar- ed by redesignating paragraphs (3) and (4) as clause (i) shall, to the extent practicable, be tisan Budget Act of 2018’’. paragraphs (4) and (5), respectively, and by nonproprietary and interoperable. SEC. 50702. PURPOSE. inserting after paragraph (2) the following: ‘‘(iii) OTHER REQUIREMENTS.—In desig- The purpose of this subtitle is to enable ‘‘(3) AUTHORITY TO USE GRANT FOR A PAY nating data exchange standards under this States to use Federal funds available under FOR OUTCOMES INITIATIVE.—An eligible entity paragraph, the Secretary shall, to the extent parts B and E of title IV of the Social Secu- to which a grant is made under paragraph (1) practicable, incorporate— rity Act to provide enhanced support to chil- ‘‘(I) interoperable standards developed and may use up to 25 percent of the grant for out- dren and families and prevent foster care maintained by an international voluntary comes or success payments related to a pay placements through the provision of mental consensus standards body, as defined by the for outcomes initiative that will not result health and substance abuse prevention and Office of Management and Budget; in a reduction of funding for services deliv- treatment services, in-home parent skill- ‘‘(II) interoperable standards developed and ered by the entity under a childhood home based programs, and kinship navigator serv- maintained by intergovernmental partner- visitation program under this section while ices. the eligible entity develops or operates such ships, such as the National Information Ex- an initiative.’’. change Model; and PART I—PREVENTION ACTIVITIES UNDER (b) DEFINITION OF PAY FOR OUTCOMES INI- ‘‘(III) interoperable standards developed TITLE IV–E TIATIVE.—Section 511(k) of such Act (42 and maintained by Federal entities with au- SEC. 50711. FOSTER CARE PREVENTION SERV- U.S.C. 711(k)) is amended by adding at the thority over contracting and financial assist- ICES AND PROGRAMS. end the following: ance. (a) STATE OPTION.—Section 471 of the So- ‘‘(4) PAY FOR OUTCOMES INITIATIVE.—The ‘‘(B) DATA EXCHANGE STANDARDS FOR FED- cial Security Act (42 U.S.C. 671) is amended— term ‘pay for outcomes initiative’ means a ERAL REPORTING.— (1) in subsection (a)(1), by striking ‘‘and’’ performance-based grant, contract, coopera- ‘‘(i) DESIGNATION.—The head of the depart- and all that follows through the semicolon tive agreement, or other agreement awarded ment or agency responsible for admin- and inserting ‘‘, adoption assistance in ac- by a public entity in which a commitment is istering a program referred to in this section cordance with section 473, and, at the option made to pay for improved outcomes achieved shall, in consultation with an interagency of the State, services or programs specified as a result of the intervention that result in work group established by the Office of Man- in subsection (e)(1) of this section for chil- social benefit and direct cost savings or cost agement and Budget, and considering State dren who are candidates for foster care or avoidance to the public sector. Such an ini- government perspectives, designate data ex- who are pregnant or parenting foster youth tiative shall include— change standards to govern Federal report- and the parents or kin caregivers of the chil- ‘‘(A) a feasibility study that describes how ing and exchange requirements under appli- dren, in accordance with the requirements of the proposed intervention is based on evi- cable Federal law. that subsection;’’; and dence of effectiveness; ‘‘(ii) REQUIREMENTS.—The data exchange (2) by adding at the end the following: ‘‘(B) a rigorous, third-party evaluation reporting standards required by clause (i) ‘‘(e) PREVENTION AND FAMILY SERVICES AND that uses experimental or quasi-experi- shall, to the extent practicable— PROGRAMS.— mental design or other research methodolo- ‘‘(I) incorporate a widely accepted, non- ‘‘(1) IN GENERAL.—Subject to the suc- gies that allow for the strongest possible proprietary, searchable, computer-readable ceeding provisions of this subsection, the causal inferences to determine whether the format; Secretary may make a payment to a State initiative has met its proposed outcomes as ‘‘(II) be consistent with and implement ap- for providing the following services or pro- a result of the intervention; plicable accounting principles; grams for a child described in paragraph (2) ‘‘(C) an annual, publicly available report ‘‘(III) be implemented in a manner that is and the parents or kin caregivers of the child on the progress of the initiative; and cost-effective and improves program effi- when the need of the child, such a parent, or ‘‘(D) a requirement that payments are ciency and effectiveness; and such a caregiver for the services or programs made to the recipient of a grant, contract, or ‘‘(IV) be capable of being continually up- are directly related to the safety, perma- cooperative agreement only when agreed graded as necessary. nence, or well-being of the child or to pre- upon outcomes are achieved, except that this ‘‘(iii) INCORPORATION OF NONPROPRIETARY venting the child from entering foster care: requirement shall not apply with respect to STANDARDS.—In designating data exchange ‘‘(A) MENTAL HEALTH AND SUBSTANCE ABUSE payments to a third party conducting the standards under this paragraph, the Sec- PREVENTION AND TREATMENT SERVICES.—Men- evaluation described in subparagraph (B).’’. retary shall, to the extent practicable, incor- tal health and substance abuse prevention

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and treatment services provided by a quali- ‘‘(C) ONLY SERVICES AND PROGRAMS PRO- tional standards of statistical significance fied clinician for not more than a 12-month VIDED IN ACCORDANCE WITH PROMISING, SUP- (in terms of demonstrated meaningful im- period that begins on any date described in PORTED, OR WELL-SUPPORTED PRACTICES PER- provements in validated measures of impor- paragraph (3) with respect to the child. MITTED.— tant child and parent outcomes, such as ‘‘(B) IN-HOME PARENT SKILL-BASED PRO- ‘‘(i) IN GENERAL.—Only State expenditures mental health, substance abuse, and child GRAMS.—In-home parent skill-based pro- for services or programs specified in subpara- safety and well-being), as established by the grams for not more than a 12-month period graph (A) or (B) of paragraph (1) that are results or outcomes of at least two studies that begins on any date described in para- provided in accordance with practices that that— graph (3) with respect to the child and that meet the requirements specified in clause (ii) ‘‘(aa) were rated by an independent sys- include parenting skills training, parent edu- of this subparagraph and that meet the re- tematic review for the quality of the study cation, and individual and family counseling. quirements specified in clause (iii), (iv), or design and execution and determined to be ‘‘(2) CHILD DESCRIBED.—For purposes of (v), respectively, for being a promising, sup- well-designed and well-executed; paragraph (1), a child described in this para- ported, or well-supported practice, shall be ‘‘(bb) were rigorous random-controlled graph is the following: eligible for a Federal matching payment trials (or, if not available, studies using a ‘‘(A) A child who is a candidate for foster under section 474(a)(6)(A). rigorous quasi-experimental research de- care (as defined in section 475(13)) but can re- ‘‘(ii) GENERAL PRACTICE REQUIREMENTS.— sign); and main safely at home or in a kinship place- The general practice requirements specified ‘‘(cc) were carried out in a usual care or ment with receipt of services or programs in this clause are the following: practice setting; and ‘‘(I) The practice has a book, manual, or specified in paragraph (1). ‘‘(II) at least one of the studies described in other available writings that specify the ‘‘(B) A child in foster care who is a preg- subclause (I) established that the practice components of the practice protocol and de- nant or parenting foster youth. has a sustained effect (when compared to a scribe how to administer the practice. ‘‘(3) DATE DESCRIBED.—For purposes of control group) for at least 1 year beyond the ‘‘(II) There is no empirical basis suggesting paragraph (1), the dates described in this end of treatment. that, compared to its likely benefits, the paragraph are the following: ‘‘(D) GUIDANCE ON PRACTICES CRITERIA AND practice constitutes a risk of harm to those ‘‘(A) The date on which a child is identified PRE-APPROVED SERVICES AND PROGRAMS.— receiving it. in a prevention plan maintained under para- ‘‘(III) If multiple outcome studies have ‘‘(i) IN GENERAL.—Not later than October 1, graph (4) as a child who is a candidate for been conducted, the overall weight of evi- 2018, the Secretary shall issue guidance to foster care (as defined in section 475(13)). dence supports the benefits of the practice. States regarding the practices criteria re- ‘‘(B) The date on which a child is identified ‘‘(IV) Outcome measures are reliable and quired for services or programs to satisfy the in a prevention plan maintained under para- valid, and are administrated consistently requirements of subparagraph (C). The guid- graph (4) as a pregnant or parenting foster and accurately across all those receiving the ance shall include a pre-approved list of serv- youth in need of services or programs speci- practice. ices and programs that satisfy the require- fied in paragraph (1). ‘‘(V) There is no case data suggesting a ments. ‘‘(4) REQUIREMENTS RELATED TO PROVIDING risk of harm that was probably caused by the ‘‘(ii) UPDATES.—The Secretary shall issue SERVICES AND PROGRAMS.—Services and pro- treatment and that was severe or frequent. updates to the guidance required by clause grams specified in paragraph (1) may be pro- ‘‘(iii) PROMISING PRACTICE.—A practice (i) as often as the Secretary determines nec- vided under this subsection only if specified shall be considered to be a ‘promising prac- essary. in advance in the child’s prevention plan de- tice’ if the practice is superior to an appro- ‘‘(E) OUTCOME ASSESSMENT AND REPORT- scribed in subparagraph (A) and the require- priate comparison practice using conven- ING.—The State shall collect and report to ments in subparagraphs (B) through (E) are tional standards of statistical significance the Secretary the following information with met: (in terms of demonstrated meaningful im- respect to each child for whom, or on whose ‘‘(A) PREVENTION PLAN.—The State main- provements in validated measures of impor- behalf mental health and substance abuse tains a written prevention plan for the child tant child and parent outcomes, such as prevention and treatment services or in- that meets the following requirements (as mental health, substance abuse, and child home parent skill-based programs are pro- applicable): safety and well-being), as established by the vided during a 12-month period beginning on ‘‘(i) CANDIDATES.—In the case of a child results or outcomes of at least one study the date the child is determined by the State who is a candidate for foster care described that— to be a child described in paragraph (2): in paragraph (2)(A), the prevention plan ‘‘(I) was rated by an independent system- ‘‘(i) The specific services or programs pro- shall— atic review for the quality of the study de- vided and the total expenditures for each of ‘‘(I) identify the foster care prevention sign and execution and determined to be the services or programs. strategy for the child so that the child may well-designed and well-executed; and ‘‘(ii) The duration of the services or pro- remain safely at home, live temporarily with ‘‘(II) utilized some form of control (such as grams provided. a kin caregiver until reunification can be an untreated group, a placebo group, or a ‘‘(iii) In the case of a child described in safely achieved, or live permanently with a wait list study). paragraph (2)(A), the child’s placement sta- kin caregiver; ‘‘(iv) SUPPORTED PRACTICE.—A practice tus at the beginning, and at the end, of the ‘‘(II) list the services or programs to be shall be considered to be a ‘supported prac- 1-year period, respectively, and whether the provided to or on behalf of the child to en- tice’ if— child entered foster care within 2 years after sure the success of that prevention strategy; ‘‘(I) the practice is superior to an appro- being determined a candidate for foster care. and priate comparison practice using conven- ‘‘(5) STATE PLAN COMPONENT.— ‘‘(III) comply with such other requirements tional standards of statistical significance ‘‘(A) IN GENERAL.—A State electing to pro- as the Secretary shall establish. (in terms of demonstrated meaningful im- vide services or programs specified in para- ‘‘(ii) PREGNANT OR PARENTING FOSTER provements in validated measures of impor- graph (1) shall submit as part of the State YOUTH.—In the case of a child who is a preg- tant child and parent outcomes, such as plan required by subsection (a) a prevention nant or parenting foster youth described in mental health, substance abuse, and child services and programs plan component that paragraph (2)(B), the prevention plan shall— safety and well-being), as established by the meets the requirements of subparagraph (B). ‘‘(I) be included in the child’s case plan re- results or outcomes of at least one study ‘‘(B) PREVENTION SERVICES AND PROGRAMS quired under section 475(1); that— PLAN COMPONENT.—In order to meet the re- ‘‘(II) list the services or programs to be ‘‘(aa) was rated by an independent system- quirements of this subparagraph, a preven- provided to or on behalf of the youth to en- atic review for the quality of the study de- tion services and programs plan component, sure that the youth is prepared (in the case sign and execution and determined to be with respect to each 5-year period for which of a pregnant foster youth) or able (in the well-designed and well-executed; the plan component is in operation in the case of a parenting foster youth) to be a par- ‘‘(bb) was a rigorous random-controlled State, shall include the following: ent; trial (or, if not available, a study using a rig- ‘‘(i) How providing services and programs ‘‘(III) describe the foster care prevention orous quasi-experimental research design); specified in paragraph (1) is expected to im- strategy for any child born to the youth; and and prove specific outcomes for children and ‘‘(IV) comply with such other requirements ‘‘(cc) was carried out in a usual care or families. as the Secretary shall establish. practice setting; and ‘‘(ii) How the State will monitor and over- ‘‘(B) TRAUMA-INFORMED.—The services or ‘‘(II) the study described in subclause (I) see the safety of children who receive serv- programs to be provided to or on behalf of a established that the practice has a sustained ices and programs specified in paragraph (1), child are provided under an organizational effect (when compared to a control group) for including through periodic risk assessments structure and treatment framework that in- at least 6 months beyond the end of the throughout the period in which the services volves understanding, recognizing, and re- treatment. and programs are provided on behalf of a sponding to the effects of all types of trauma ‘‘(v) WELL-SUPPORTED PRACTICE.—A prac- child and reexamination of the prevention and in accordance with recognized principles tice shall be considered to be a ‘well-sup- plan maintained for the child under para- of a trauma-informed approach and trauma- ported practice’ if— graph (4) for the provision of the services or specific interventions to address trauma’s ‘‘(I) the practice is superior to an appro- programs if the State determines the risk of consequences and facilitate healing. priate comparison practice using conven- the child entering foster care remains high

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despite the provision of the services or pro- ‘‘(C) REIMBURSEMENT FOR SERVICES UNDER and activities under any State program that grams. THE PREVENTION PLAN COMPONENT.— is not described in clause (i) (other than any ‘‘(iii) With respect to the services and pro- ‘‘(i) LIMITATION.—Except as provided in State expenditures for foster care prevention grams specified in subparagraphs (A) and (B) subclause (ii), a State may not receive a Fed- services and activities under the State pro- of paragraph (1), information on the specific eral payment under this part for a given gram under this part (including under a promising, supported, or well-supported promising, supported, or well-supported waiver of the program)). practices the State plans to use to provide practice unless (in accordance with subpara- ‘‘(C) STATE EXPENDITURES.—The term the services or programs, including a de- graph (B)(iii)(V)) the plan includes a well-de- ‘State expenditures’ means all State or local scription of— signed and rigorous evaluation strategy for funds that are expended by the State or a ‘‘(I) the services or programs and whether that practice. local agency including State or local funds the practices used are promising, supported, ‘‘(ii) WAIVER OF LIMITATION.—The Sec- that are matched or reimbursed by the Fed- or well-supported; retary may waive the requirement for a well- eral Government and State or local funds ‘‘(II) how the State plans to implement the designed and rigorous evaluation of any well- that are not matched or reimbursed by the services or programs, including how imple- supported practice if the Secretary deems Federal Government. mentation of the services or programs will the evidence of the effectiveness of the prac- ‘‘(D) DETERMINATION OF PREVENTION SERV- be continuously monitored to ensure fidelity tice to be compelling and the State meets ICES AND ACTIVITIES.—The Secretary shall re- to the practice model and to determine out- the continuous quality improvement require- quire each State that elects to provide serv- comes achieved and how information learned ments included in subparagraph (B)(iii)(II) ices and programs specified in paragraph (1) from the monitoring will be used to refine with regard to the practice. to report the expenditures specified in sub- and improve practices; ‘‘(6) PREVENTION SERVICES MEASURES.— paragraph (B) for fiscal year 2014 and for ‘‘(III) how the State selected the services ‘‘(A) ESTABLISHMENT; ANNUAL UPDATES.— such fiscal years thereafter as are necessary or programs; Beginning with fiscal year 2021, and annually to determine whether the State is complying ‘‘(IV) the target population for the services thereafter, the Secretary shall establish the with the maintenance of effort requirement or programs; and following prevention services measures based in subparagraph (A). The Secretary shall ‘‘(V) how each service or program provided on information and data reported by States specify the specific services and activities will be evaluated through a well-designed that elect to provide services and programs under each program referred to in subpara- and rigorous process, which may consist of specified in paragraph (1): graph (B) that are ‘prevention services and an ongoing, cross-site evaluation approved ‘‘(i) PERCENTAGE OF CANDIDATES FOR FOS- activities’ for purposes of the reports. by the Secretary. TER CARE WHO DO NOT ENTER FOSTER CARE.— ‘‘(E) STATE DESCRIBED.—For purposes of ‘‘(iv) A description of the consultation that The percentage of candidates for foster care subparagraph (A), a State is described in this the State agencies responsible for admin- for whom, or on whose behalf, the services or subparagraph if the population of children in istering the State plans under this part and programs are provided who do not enter fos- the State in 2014 was less than 200,000 (as de- part B engage in with other State agencies ter care, including those placed with a kin termined by the United States Census Bu- responsible for administering health pro- caregiver outside of foster care, during the reau). grams, including mental health and sub- 12-month period in which the services or pro- ‘‘(8) PROHIBITION AGAINST USE OF STATE FOS- stance abuse prevention and treatment serv- grams are provided and through the end of TER CARE PREVENTION EXPENDITURES AND FED- ices, and with other public and private agen- the succeeding 12-month period. ERAL IV–E PREVENTION FUNDS FOR MATCHING cies with experience in administering child ‘‘(ii) PER-CHILD SPENDING.—The total OR EXPENDITURE REQUIREMENT.—A State that and family services, including community- amount of expenditures made for mental elects to provide services and programs spec- based organizations, in order to foster a con- health and substance abuse prevention and ified in paragraph (1) shall not use any State tinuum of care for children described in treatment services or in-home parent skill- foster care prevention expenditures for a fis- paragraph (2) and their parents or kin care- based programs, respectively, for, or on be- cal year for the State share of expenditures givers. half of, each child described in paragraph (2). under section 474(a)(6) for a fiscal year. ‘‘(v) A description of how the State shall ‘‘(B) DATA.—The Secretary shall establish ‘‘(9) ADMINISTRATIVE COSTS.—Expenditures assess children and their parents or kin care- and annually update the prevention services described in section 474(a)(6)(B)— givers to determine eligibility for services or measures— ‘‘(A) shall not be eligible for payment programs specified in paragraph (1). ‘‘(i) based on the median State values of under subparagraph (A), (B), or (E) of section ‘‘(vi) A description of how the services or the information reported under each clause 474(a)(3); and programs specified in paragraph (1) that are of subparagraph (A) for the 3 then most re- ‘‘(B) shall be eligible for payment under provided for or on behalf of a child and the cent years; and section 474(a)(6)(B) without regard to wheth- parents or kin caregivers of the child will be ‘‘(ii) taking into account State differences er the expenditures are incurred on behalf of coordinated with other child and family in the price levels of consumption goods and a child who is, or is potentially, eligible for services provided to the child and the par- services using the most recent regional price foster care maintenance payments under this ents or kin caregivers of the child under the parities published by the Bureau of Eco- part. State plans in effect under subparts 1 and 2 nomic Analysis of the Department of Com- ‘‘(10) APPLICATION.— of part B. merce or such other data as the Secretary ‘‘(A) IN GENERAL.—The provision of serv- ‘‘(vii) Descriptions of steps the State is determines appropriate. ices or programs under this subsection to or taking to support and enhance a competent, ‘‘(C) PUBLICATION OF STATE PREVENTION on behalf of a child described in paragraph skilled, and professional child welfare work- SERVICES MEASURES.—The Secretary shall (2) shall not be considered to be receipt of aid force to deliver trauma-informed and evi- annually make available to the public the or assistance under the State plan under this dence-based services, including— prevention services measures of each State. part for purposes of eligibility for any other ‘‘(I) ensuring that staff is qualified to pro- ‘‘(7) MAINTENANCE OF EFFORT FOR STATE program established under this Act. vide services or programs that are consistent FOSTER CARE PREVENTION EXPENDITURES.— ‘‘(B) CANDIDATES IN KINSHIP CARE.—A child with the promising, supported, or well-sup- ‘‘(A) IN GENERAL.—If a State elects to pro- described in paragraph (2) for whom such ported practice models selected; and vide services and programs specified in para- services or programs under this subsection ‘‘(II) developing appropriate prevention graph (1) for a fiscal year, the State foster are provided for more than 6 months while in plans, and conducting the risk assessments care prevention expenditures for the fiscal the home of a kin caregiver, and who would required under clause (iii). year shall not be less than the amount of the satisfy the AFDC eligibility requirement of ‘‘(viii) A description of how the State will expenditures for fiscal year 2014 (or, at the section 472(a)(3)(A)(ii)(II) but for residing in provide training and support for caseworkers option of a State described in subparagraph the home of the caregiver for more than 6 in assessing what children and their families (E), fiscal year 2015 or fiscal year 2016 (which- months, is deemed to satisfy that require- need, connecting to the families served, ever the State elects)). ment for purposes of determining whether knowing how to access and deliver the need- ‘‘(B) STATE FOSTER CARE PREVENTION EX- the child is eligible for foster care mainte- ed trauma-informed and evidence-based serv- PENDITURES.—The term ‘State foster care nance payments under section 472.’’. ices, and overseeing and evaluating the con- prevention expenditures’ means the fol- (b) DEFINITION.—Section 475 of such Act (42 tinuing appropriateness of the services. lowing: U.S.C. 675) is amended by adding at the end ‘‘(ix) A description of how caseload size and ‘‘(i) TANF; IV–B; SSBG.—State expenditures the following: type for prevention caseworkers will be de- for foster care prevention services and ac- ‘‘(13) The term ‘child who is a candidate for termined, managed, and overseen. tivities under the State program funded foster care’ means, a child who is identified ‘‘(x) An assurance that the State will re- under part A (including from amounts made in a prevention plan under section port to the Secretary such information and available by the Federal Government), under 471(e)(4)(A) as being at imminent risk of en- data as the Secretary may require with re- the State plan developed under part B (in- tering foster care (without regard to whether spect to the provision of services and pro- cluding any such amounts), or under the So- the child would be eligible for foster care grams specified in paragraph (1), including cial Services Block Grant Programs under maintenance payments under section 472 or information and data necessary to determine subtitle A of title XX (including any such is or would be eligible for adoption assist- the performance measures for the State amounts). ance or kinship guardianship assistance pay- under paragraph (6) and compliance with ‘‘(ii) OTHER STATE PROGRAMS.—State ex- ments under section 473) but who can remain paragraph (7). penditures for foster care prevention services safely in the child’s home or in a kinship

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE February 7, 2018 placement as long as services or programs censed or State-approved child welfare agen- (A) in subsection (c)(1)— specified in section 471(e)(1) that are nec- cies providing services to children described (i) in subparagraph (C)(i)— essary to prevent the entry of the child into in section 471(e)(2) and their parents or kin (I) in subclause (II), by striking ‘‘and’’ foster care are provided. The term includes a caregivers, including on how to determine after the semicolon; child whose adoption or guardianship ar- who are individuals eligible for the services (II) in subclause (III), by striking the pe- rangement is at risk of a disruption or dis- or programs, how to identify and provide ap- riod at the end and inserting ‘‘; and’’; and solution that would result in a foster care propriate services and programs, and how to (III) by adding at the end the following: placement.’’. oversee and evaluate the ongoing appro- ‘‘(IV) at the option of the tribe, organiza- (c) PAYMENTS UNDER TITLE IV–E.—Section priateness of the services and programs.’’. tion, or consortium, services and programs 474(a) of such Act (42 U.S.C. 674(a)) is amend- (d) TECHNICAL ASSISTANCE AND BEST PRAC- specified in section 471(e)(1) to children de- ed— TICES, CLEARINGHOUSE, AND DATA COLLECTION scribed in section 471(e)(2) and their parents (1) in paragraph (5), by striking the period AND EVALUATIONS.—Section 476 of such Act or kin caregivers, in accordance with section at the end and inserting ‘‘; plus’’; and (42 U.S.C. 676) is amended by adding at the 471(e) and subparagraph (E).’’; and (2) by adding at the end the following: end the following: (ii) by adding at the end the following: ‘‘(d) TECHNICAL ASSISTANCE AND BEST ‘‘(6) subject to section 471(e)— ‘‘(E) PREVENTION SERVICES AND PROGRAMS PRACTICES, CLEARINGHOUSE, DATA COLLEC- ‘‘(A) for each quarter— FOR CHILDREN AND THEIR PARENTS AND KIN TION, AND EVALUATIONS RELATING TO PREVEN- ‘‘(i) subject to clause (ii)— CAREGIVERS.— TION SERVICES AND PROGRAMS.— ‘‘(I) beginning after September 30, 2019, and ‘‘(i) IN GENERAL.—In the case of a tribe, or- ‘‘(1) TECHNICAL ASSISTANCE AND BEST PRAC- before October 1, 2026, an amount equal to 50 ganization, or consortium that elects to pro- TICES.—The Secretary shall provide to States percent of the total amount expended during vide services and programs specified in sec- and, as applicable, to Indian tribes, tribal or- the quarter for the provision of services or tion 471(e)(1) to children described in section ganizations, and tribal consortia, technical programs specified in subparagraph (A) or 471(e)(2) and their parents or kin caregivers assistance regarding the provision of services (B) of section 471(e)(1) that are provided in under the plan, the Secretary shall specify accordance with promising, supported, or and programs described in section 471(e)(1) and shall disseminate best practices with re- the requirements applicable to the provision well-supported practices that meet the appli- of the services and programs. The require- cable criteria specified for the practices in spect to the provision of the services and programs, including how to plan and imple- ments shall, to the greatest extent prac- section 471(e)(4)(C); and ticable, be consistent with the requirements ‘‘(II) beginning after September 30, 2026, an ment a well-designed and rigorous evalua- applicable to States under section 471(e) and amount equal to the Federal medical assist- tion of a promising, supported, or well-sup- shall permit the provision of the services and ance percentage (which shall be as defined in ported practice. programs in the form of services and pro- section 1905(b), in the case of a State other ‘‘(2) CLEARINGHOUSE OF PROMISING, SUP- grams that are adapted to the culture and than the District of Columbia, or 70 percent, PORTED, AND WELL-SUPPORTED PRACTICES.— context of the tribal communities served. in the case of the District of Columbia) of The Secretary shall, directly or through ‘‘(ii) PERFORMANCE MEASURES.—The Sec- the total amount expended during the quar- grants, contracts, or interagency agree- retary shall establish specific performance ter for the provision of services or programs ments, evaluate research on the practices measures for each tribe, organization, or specified in subparagraph (A) or (B) of sec- specified in clauses (iii), (iv), and (v), respec- consortium that elects to provide services tion 471(e)(1) that are provided in accordance tively, of section 471(e)(4)(C), and programs with promising, supported, or well-supported that meet the requirements described in sec- and programs specified in section 471(e)(1). practices that meet the applicable criteria tion 427(a)(1), including culturally specific, The performance measures shall, to the specified for the practices in section or location- or population-based adaptations greatest extent practicable, be consistent 471(e)(4)(C) (or, with respect to the payments of the practices, to identify and establish a with the prevention services measures re- made during the quarter under a cooperative public clearinghouse of the practices that quired for States under section 471(e)(6) but agreement or contract entered into by the satisfy each category described by such shall allow for consideration of factors State and an Indian tribe, tribal organiza- clauses. In addition, the clearinghouse shall unique to the provision of the services by tion, or tribal consortium for the adminis- include information on the specific outcomes tribes, organizations, or consortia.’’; and tration or payment of funds under this part, associated with each practice, including (B) in subsection (d)(1), by striking ‘‘and an amount equal to the Federal medical as- whether the practice has been shown to pre- (5)’’ and inserting ‘‘(5), and (6)(A)’’. sistance percentage that would apply under vent child abuse and neglect and reduce the (2) CONFORMING AMENDMENT.—The heading section 479B(d) (in this paragraph referred to likelihood of foster care placement by sup- for subsection (d) of section 479B of such Act as the ‘tribal FMAP’) if the Indian tribe, porting birth families and kinship families (42 U.S.C. 679c) is amended by striking ‘‘FOR tribal organization, or tribal consortium and improving targeted supports for preg- FOSTER CARE MAINTENANCE AND ADOPTION made the payments under a program oper- nant and parenting youth and their children. ASSISTANCE PAYMENTS’’. (f) APPLICATION TO PROGRAMS OPERATED BY ated under that section, unless the tribal ‘‘(3) DATA COLLECTION AND EVALUATIONS.— TERRITORIES.—Section 1108(a)(2) of the Social FMAP is less than the Federal medical as- The Secretary, directly or through grants, Security Act (42 U.S.C. 1308(a)(2)) is amended sistance percentage that applies to the contracts, or interagency agreements, may by striking ‘‘or 413(f)’’ and inserting ‘‘413(f), State); except that collect data and conduct evaluations with re- or 474(a)(6)’’. ‘‘(ii) not less than 50 percent of the total spect to the provision of services and pro- amount expended by a State under clause (i) grams described in section 471(e)(1) for pur- SEC. 50712. FOSTER CARE MAINTENANCE PAY- for a fiscal year shall be for the provision of MENTS FOR CHILDREN WITH PAR- poses of assessing the extent to which the ENTS IN A LICENSED RESIDENTIAL services or programs specified in subpara- provision of the services and programs— FAMILY-BASED TREATMENT FACIL- graph (A) or (B) of section 471(e)(1) that are ‘‘(A) reduces the likelihood of foster care ITY FOR SUBSTANCE ABUSE. provided in accordance with well-supported placement; (a) IN GENERAL.—Section 472 of the Social practices; plus ‘‘(B) increases use of kinship care arrange- Security Act (42 U.S.C. 672) is amended— ‘‘(B) for each quarter specified in subpara- ments; or (1) in subsection (a)(2)(C), by striking ‘‘or’’ graph (A), an amount equal to the sum of the ‘‘(C) improves child well-being. and inserting ‘‘, with a parent residing in a following proportions of the total amount ‘‘(4) REPORTS TO CONGRESS.— licensed residential family-based treatment expended during the quarter— ‘‘(A) IN GENERAL.—The Secretary shall sub- facility, but only to the extent permitted ‘‘(i) 50 percent of so much of the expendi- mit to the Committee on Finance of the Sen- under subsection (j), or in a’’; and tures as are found necessary by the Sec- ate and the Committee on Ways and Means (2) by adding at the end the following: retary for the proper and efficient adminis- of the House of Representatives periodic re- ‘‘(j) CHILDREN PLACED WITH A PARENT RE- tration of the State plan for the provision of ports based on the provision of services and SIDING IN A LICENSED RESIDENTIAL FAMILY- services or programs specified in section programs described in section 471(e)(1) and BASED TREATMENT FACILITY FOR SUBSTANCE 471(e)(1), including expenditures for activi- the activities carried out under this sub- ABUSE.— ties approved by the Secretary that promote section. ‘‘(1) IN GENERAL.—Notwithstanding the pre- the development of necessary processes and ‘‘(B) PUBLIC AVAILABILITY.—The Secretary ceding provisions of this section, a child who procedures to establish and implement the shall make the reports to Congress sub- is eligible for foster care maintenance pay- provision of the services and programs for in- mitted under this paragraph publicly avail- ments under this section, or who would be el- dividuals who are eligible for the services able. igible for the payments if the eligibility were and programs and expenditures attributable ‘‘(5) APPROPRIATION.—Out of any money in determined without regard to paragraphs to data collection and reporting; and the Treasury of the United States not other- (1)(B) and (3) of subsection (a), shall be eligi- ‘‘(ii) 50 percent of so much of the expendi- wise appropriated, there are appropriated to ble for the payments for a period of not more tures with respect to the provision of serv- the Secretary $1,000,000 for fiscal year 2018 than 12 months during which the child is ices and programs specified in section and each fiscal year thereafter to carry out placed with a parent who is in a licensed res- 471(e)(1) as are for training of personnel em- this subsection.’’. idential family-based treatment facility for ployed or preparing for employment by the (e) APPLICATION TO PROGRAMS OPERATED BY substance abuse, but only if— State agency or by the local agency admin- INDIAN TRIBAL ORGANIZATIONS.— ‘‘(A) the recommendation for the place- istering the plan in the political subdivision (1) IN GENERAL.—Section 479B of such Act ment is specified in the child’s case plan be- and of the members of the staff of State-li- (42 U.S.C. 679c) is amended— fore the placement;

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S773 ‘‘(B) the treatment facility provides, as (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of use the funding to support the State in con- part of the treatment for substance abuse, section 432 of such Act (42 U.S.C. 629b) are necting with, or enhancing or expediting parenting skills training, parent education, amended by striking ‘‘time-limited’’ each services provided under, the electronic inter- and individual and family counseling; and place it appears. state case-processing system referred to in ‘‘(C) the substance abuse treatment, par- SEC. 50722. REDUCING BUREAUCRACY AND UN- paragraph (1). enting skills training, parent education, and NECESSARY DELAYS WHEN PLACING ‘‘(5) EVALUATIONS.—Not later than 1 year individual and family counseling is provided CHILDREN IN HOMES ACROSS STATE after the final year in which funds are under an organizational structure and treat- LINES. awarded under this subsection, the Secretary ment framework that involves under- (a) STATE PLAN REQUIREMENT.—Section shall submit to the Congress, and make standing, recognizing, and responding to the 471(a)(25) of the Social Security Act (42 available to the general public by posting on effects of all types of trauma and in accord- U.S.C. 671(a)(25)) is amended— a website, a report that contains the fol- ance with recognized principles of a trauma- (1) by striking ‘‘provide’’ and inserting lowing information: informed approach and trauma-specific ‘‘provides’’; and ‘‘(A) How using the electronic interstate interventions to address the consequences of (2) by inserting ‘‘, which, in the case of a case-processing system developed pursuant trauma and facilitate healing. State other than the Commonwealth of to paragraph (4) has changed the time it ‘‘(2) APPLICATION.—With respect to chil- Puerto Rico, the United States Virgin Is- takes for children to be placed across State dren for whom foster care maintenance pay- lands, Guam, or American Samoa, not later lines. ments are made under paragraph (1), only than October 1, 2027, shall include the use of ‘‘(B) The number of cases subject to the the children who satisfy the requirements of an electronic interstate case-processing sys- Interstate Compact on the Placement of paragraphs (1)(B) and (3) of subsection (a) tem’’ before the first semicolon. Children that were processed through the (b) EXEMPTION OF INDIAN TRIBES.—Section shall be considered to be children with re- electronic interstate case-processing system, 479B(c) of such Act (42 U.S.C. 679c(c)) is spect to whom foster care maintenance pay- and the number of interstate child place- amended by adding at the end the following: ments are made under this section for pur- ment cases that were processed outside the ‘‘(4) INAPPLICABILITY OF STATE PLAN RE- poses of subsection (h) or section electronic interstate case-processing system, QUIREMENT TO HAVE IN EFFECT PROCEDURES 473(b)(3)(B).’’. by each State in each year. PROVIDING FOR THE USE OF AN ELECTRONIC (b) CONFORMING AMENDMENT.—Section ‘‘(C) The progress made by States in imple- INTERSTATE CASE-PROCESSING SYSTEM.—.The 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is menting the electronic interstate case-proc- requirement in section 471(a)(25) that a State amended by inserting ‘‘subject to section essing system. plan provide that the State shall have in ef- 472(j),’’ before ‘‘an amount equal to the Fed- ‘‘(D) How using the electronic interstate fect procedures providing for the use of an eral’’ the first place it appears. case-processing system has affected various electronic interstate case-processing system SEC. 50713. TITLE IV–E PAYMENTS FOR EVI- metrics related to child safety and well- shall not apply to an Indian tribe, tribal or- DENCE-BASED KINSHIP NAVIGATOR being, including the time it takes for chil- ganization, or tribal consortium that elects PROGRAMS. dren to be placed across State lines. to operate a program under this part.’’. Section 474(a) of the Social Security Act ‘‘(E) How using the electronic interstate (c) FUNDING FOR THE DEVELOPMENT OF AN (42 U.S.C. 674(a)), as amended by section case-processing system has affected adminis- ELECTRONIC INTERSTATE CASE-PROCESSING 50711(c), is amended— trative costs and caseworker time spent on SYSTEM TO EXPEDITE THE INTERSTATE PLACE- (1) in paragraph (6), by striking the period placing children across State lines. MENT OF CHILDREN IN FOSTER CARE OR at the end and inserting ‘‘; plus’’; and ‘‘(6) DATA INTEGRATION.—The Secretary, in (2) by adding at the end the following: GUARDIANSHIP, OR FOR ADOPTION.—Section 437 of such Act (42 U.S.C. 629g) is amended by consultation with the Secretariat for the ‘‘(7) an amount equal to 50 percent of the Interstate Compact on the Placement of amounts expended by the State during the adding at the end the following: ‘‘(g) FUNDING FOR THE DEVELOPMENT OF AN Children and the States, shall assess how the quarter as the Secretary determines are for ELECTRONIC INTERSTATE CASE-PROCESSING electronic interstate case-processing system kinship navigator programs that meet the SYSTEM TO EXPEDITE THE INTERSTATE PLACE- developed pursuant to paragraph (4) could be requirements described in section 427(a)(1) MENT OF CHILDREN IN FOSTER CARE OR used to better serve and protect children and that the Secretary determines are oper- GUARDIANSHIP, OR FOR ADOPTION.— that come to the attention of the child wel- ated in accordance with promising, sup- ‘‘(1) PURPOSE.—The purpose of this sub- fare system, by— ported, or well-supported practices that meet section is to facilitate the development of an ‘‘(A) connecting the system with other the applicable criteria specified for the prac- electronic interstate case-processing system data systems (such as systems operated by tices in section 471(e)(4)(C), without regard for the exchange of data and documents to State law enforcement and judicial agencies, to whether the expenditures are incurred on expedite the placements of children in foster, systems operated by the Federal Bureau of behalf of children who are, or are poten- guardianship, or adoptive homes across Investigation for the purposes of the Inno- tially, eligible for foster care maintenance State lines. cence Lost National Initiative, and other payments under this part.’’. ‘‘(2) REQUIREMENTS.—A State that seeks systems); PART II—ENHANCED SUPPORT UNDER funding under this subsection shall submit ‘‘(B) simplifying and improving reporting TITLE IV–B to the Secretary the following: related to paragraphs (34) and (35) of section SEC. 50721. ELIMINATION OF TIME LIMIT FOR ‘‘(A) A description of the goals and out- 471(a) regarding children or youth who have FAMILY REUNIFICATION SERVICES comes to be achieved, which goals and out- been identified as being a sex trafficking vic- WHILE IN FOSTER CARE AND PER- comes must result in— tim or children missing from foster care; and MITTING TIME-LIMITED FAMILY RE- ‘‘(i) reducing the time it takes for a child ‘‘(C) improving the ability of States to UNIFICATION SERVICES WHEN A quickly comply with background check re- CHILD RETURNS HOME FROM FOS- to be provided with a safe and appropriate TER CARE. permanent living arrangement across State quirements of section 471(a)(20), including (a) IN GENERAL.—Section 431(a)(7) of the lines; checks of child abuse and neglect registries Social Security Act (42 U.S.C. 629a(a)(7)) is ‘‘(ii) improving administrative processes as required by section 471(a)(20)(B).’’. amended— and reducing costs in the foster care system; (d) RESERVATION OF FUNDS TO IMPROVE THE (1) in the paragraph heading, by striking and INTERSTATE PLACEMENT OF CHILDREN.—Sec- ‘‘TIME-LIMITED FAMILY’’ and inserting ‘‘FAM- ‘‘(iii) the secure exchange of relevant case tion 437(b) of such Act (42 U.S.C. 629g(b)) is ILY’’; and files and other necessary materials in real amended by adding at the end the following: (2) in subparagraph (A)— time, and timely communications and place- ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT (A) by striking ‘‘time-limited family’’ and ment decisions regarding interstate place- OF CHILDREN.—The Secretary shall reserve inserting ‘‘family’’; ments of children. $5,000,000 of the amount made available for (B) by inserting ‘‘or a child who has been ‘‘(B) A description of the activities to be fiscal year 2018 for grants under subsection returned home’’ after ‘‘child care institu- funded in whole or in part with the funds, in- (g), and the amount so reserved shall remain tion’’; and cluding the sequencing of the activities. available through fiscal year 2022.’’. (C) by striking ‘‘, but only during the 15- ‘‘(C) A description of the strategies for in- SEC. 50723. ENHANCEMENTS TO GRANTS TO IM- month period that begins on the date that tegrating programs and services for children PROVE WELL-BEING OF FAMILIES the child, pursuant to section 475(5)(F), is who are placed across State lines. AFFECTED BY SUBSTANCE ABUSE. considered to have entered foster care’’ and ‘‘(D) Such other information as the Sec- Section 437(f) of the Social Security Act (42 inserting ‘‘and to ensure the strength and retary may require. U.S.C. 629g(f)) is amended— stability of the reunification. In the case of ‘‘(3) FUNDING AUTHORITY.—The Secretary (1) in the subsection heading, by striking a child who has been returned home, the may provide funds to a State that complies ‘‘INCREASE THE WELL-BEING OF, AND TO IM- services and activities shall only be provided with paragraph (2). In providing funds under PROVE THE PERMANENCY OUTCOMES FOR, CHIL- during the 15-month period that begins on this subsection, the Secretary shall DREN AFFECTED BY’’ and inserting ‘‘IMPLE- the date that the child returns home’’. prioritize States that are not yet connected MENT IV–E PREVENTION SERVICES, AND IM- (b) CONFORMING AMENDMENTS.— with the electronic interstate case-proc- PROVE THE WELL-BEING OF, AND IMPROVE PER- (1) Section 430 of such Act (42 U.S.C. 629) is essing system referred to in paragraph (1). MANENCY OUTCOMES FOR, CHILDREN AND FAMI- amended in the matter preceding paragraph ‘‘(4) USE OF FUNDS.—A State to which fund- LIES AFFECTED BY HEROIN, OPIOIDS, AND (1), by striking ‘‘time-limited’’. ing is provided under this subsection shall OTHER’’;

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S774 CONGRESSIONAL RECORD — SENATE February 7, 2018 (2) by striking paragraph (2) and inserting pated funding for the implementation (ii) by striking clauses (iii) and (iv) and in- the following: phase.’’; and serting the following: ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In (C) by adding at the end the following: ‘‘(iii) Other stakeholders or constituencies this subsection, the term ‘regional partner- ‘‘(D) LIMITATION ON PAYMENT FOR A FISCAL as determined by the Secretary.’’; ship’ means a collaborative agreement YEAR.—No payment shall be made under sub- (8) in paragraph (9)(A), by striking clause (which may be established on an interstate, paragraph (A) or (C) for a fiscal year until (i) and inserting the following: State, or intrastate basis) entered into by the Secretary determines that the eligible ‘‘(i) SEMIANNUAL REPORTS.—Not later than the following: partnership has made sufficient progress in September 30 of each fiscal year in which a ‘‘(A) MANDATORY PARTNERS FOR ALL PART- meeting the goals of the grant and that the recipient of a grant under this subsection is NERSHIP GRANTS.— members of the eligible partnership are co- paid funds under the grant, and every 6 ‘‘(i) The State child welfare agency that is ordinating to a reasonable degree with the months thereafter, the grant recipient shall responsible for the administration of the other members of the eligible partnership.’’; submit to the Secretary a report on the serv- State plan under this part and part E. (4) in paragraph (4)— ices provided and activities carried out dur- ‘‘(ii) The State agency responsible for ad- (A) in subparagraph (B)— ing the reporting period, progress made in ministering the substance abuse prevention (i) in clause (i), by inserting ‘‘, parents, and achieving the goals of the program, the num- and treatment block grant provided under families’’ after ‘‘children’’; ber of children, adults, and families receiv- subpart II of part B of title XIX of the Public (ii) in clause (ii), by striking ‘‘safety and ing services, and such additional information Health Service Act. permanence for such children; and’’ and in- as the Secretary determines is necessary. serting ‘‘safe, permanent caregiving rela- ‘‘(B) MANDATORY PARTNERS FOR PARTNER- The report due not later than September 30 tionships for the children;’’; SHIP GRANTS PROPOSING TO SERVE CHILDREN IN of the last such fiscal year shall include, at (iii) in clause (iii), by striking ‘‘or’’ and in- OUT-OF-HOME PLACEMENTS.—If the partner- a minimum, data on each of the performance serting ‘‘increase reunification rates for chil- ship proposes to serve children in out-of- indicators included in the evaluation of the dren who have been placed in out-of-home home placements, the Juvenile Court or Ad- regional partnership.’’; and care, or decrease’’; and ministrative Office of the Court that is most (9) in paragraph (10), by striking ‘‘2012 (iv) by redesignating clause (iii) as clause appropriate to oversee the administration of through 2016’’ and inserting ‘‘2017 through (v) and inserting after clause (ii) the fol- 2021’’. court programs in the region to address the lowing: population of families who come to the at- ‘‘(iii) improve the substance abuse treat- PART III—MISCELLANEOUS tention of the court due to child abuse or ne- ment outcomes for parents including reten- SEC. 50731. REVIEWING AND IMPROVING LICENS- glect. tion in treatment and successful completion ING STANDARDS FOR PLACEMENT ‘‘(C) OPTIONAL PARTNERS.—At the option of of treatment; IN A RELATIVE FOSTER FAMILY the partnership, any of the following: ‘‘(iv) facilitate the implementation, deliv- HOME. ‘‘(i) An Indian tribe or tribal consortium. ery, and effectiveness of prevention services (a) IDENTIFICATION OF REPUTABLE MODEL ‘‘(ii) Nonprofit child welfare service pro- and programs under section 471(e); and’’; LICENSING STANDARDS.—Not later than Octo- viders. (B) in subparagraph (D), by striking ber 1, 2018, the Secretary of Health and ‘‘(iii) For-profit child welfare service pro- ‘‘where appropriate,’’; and Human Services shall identify reputable viders. (C) by striking subparagraphs (E) and (F) model licensing standards with respect to ‘‘(iv) Community health service providers, and inserting the following: the licensing of foster family homes (as de- including substance abuse treatment pro- ‘‘(E) A description of a plan for sustaining fined in section 472(c)(1) of the Social Secu- viders. the services provided by or activities funded rity Act). ‘‘(v) Community mental health providers. under the grant after the conclusion of the (b) STATE PLAN REQUIREMENT.—Section ‘‘(vi) Local law enforcement agencies. grant period, including through the use of 471(a) of the Social Security Act (42 U.S.C. ‘‘(vii) School personnel. prevention services and programs under sec- 671(a)) is amended— ‘‘(viii) Tribal child welfare agencies (or a tion 471(e) and other funds provided to the (1) in paragraph (34)(B), by striking ‘‘and’’ consortia of the agencies). State for child welfare and substance abuse after the semicolon; ‘‘(ix) Any other providers, agencies, per- prevention and treatment services. (2) in paragraph (35)(B), by striking the pe- sonnel, officials, or entities that are related ‘‘(F) Additional information needed by the riod at the end and inserting a semicolon; to the provision of child and family services Secretary to determine that the proposed ac- and under a State plan approved under this sub- tivities and implementation will be con- (3) by adding at the end the following: part. sistent with research or evaluations showing ‘‘(36) provides that, not later than April 1, ‘‘(D) EXCEPTION FOR REGIONAL PARTNER- which practices and approaches are most ef- 2019, the State shall submit to the Secretary SHIPS WHERE THE LEAD APPLICANT IS AN IN- fective.’’; information addressing— DIAN TRIBE OR TRIBAL CONSORTIA.—If an In- (5) in paragraph (5)(A), by striking ‘‘abuse ‘‘(A) whether the State licensing standards dian tribe or tribal consortium enters into a treatment’’ and inserting ‘‘use disorder are in accord with model standards identi- regional partnership for purposes of this sub- treatment including medication assisted fied by the Secretary, and if not, the reason section, the Indian tribe or tribal consor- treatment and in-home substance abuse dis- for the specific deviation and a description tium— order treatment and recovery’’; as to why having a standard that is reason- ‘‘(i) may (but is not required to) include (6) in paragraph (7)— ably in accord with the corresponding na- the State child welfare agency as a partner (A) by striking ‘‘and’’ at the end of sub- tional model standards is not appropriate for in the collaborative agreement; paragraph (C); and the State; ‘‘(ii) may not enter into a collaborative (B) by redesignating subparagraph (D) as ‘‘(B) whether the State has elected to agreement only with tribal child welfare subparagraph (E) and inserting after sub- waive standards established in 471(a)(10)(A) agencies (or a consortium of the agencies); paragraph (C) the following: for relative foster family homes (pursuant to and ‘‘(D) demonstrate a track record of suc- waiver authority provided by 471(a)(10)(D)), a ‘‘(iii) if the condition described in para- cessful collaboration among child welfare, description of which standards the State graph (2)(B) applies, may include tribal court substance abuse disorder treatment and most commonly waives, and if the State has organizations in lieu of other judicial part- mental health agencies; and’’; not elected to waive the standards, the rea- ners.’’; (7) in paragraph (8)— son for not waiving these standards; (3) in paragraph (3)— (A) in subparagraph (A)— ‘‘(C) if the State has elected to waive (A) in subparagraph (A)— (i) by striking ‘‘establish indicators that standards specified in subparagraph (B), how (i) by striking ‘‘2012 through 2016’’ and in- will be’’ and inserting ‘‘review indicators caseworkers are trained to use the waiver serting ‘‘2017 through 2021’’; and that are’’; and authority and whether the State has devel- (ii) by striking ‘‘$500,000 and not more than (ii) by striking ‘‘in using funds made avail- oped a process or provided tools to assist $1,000,000’’ and inserting ‘‘$250,000 and not able under such grants to achieve the pur- caseworkers in waiving nonsafety standards more than $1,000,000’’; pose of this subsection’’ and inserting ‘‘and per the authority provided in 471(a)(10)(D) to (B) in subparagraph (B)— establish a set of core indicators related to quickly place children with relatives; and (i) in the subparagraph heading, by insert- child safety, parental recovery, parenting ca- ‘‘(D) a description of the steps the State is ing ‘‘; PLANNING’’ after ‘‘APPROVAL’’; pacity, and family well-being. In developing taking to improve caseworker training or (ii) in clause (i), by striking ‘‘clause (ii)’’ the core indicators, to the extent possible, the process, if any; and’’. and inserting ‘‘clauses (ii) and (iii)’’; and indicators shall be made consistent with the SEC. 50732. DEVELOPMENT OF A STATEWIDE (iii) by adding at the end the following: outcome measures described in section PLAN TO PREVENT CHILD ABUSE ‘‘(iii) SUFFICIENT PLANNING.—A grant 471(e)(6)’’; and AND NEGLECT FATALITIES. awarded under this subsection shall be dis- (B) in subparagraph (B)— Section 422(b)(19) of the Social Security bursed in two phases: a planning phase (not (i) in the matter preceding clause (i), by in- Act (42 U.S.C. 622(b)(19)) is amended to read to exceed 2 years) and an implementation serting ‘‘base the performance measures on as follows: phase. The total disbursement to a grantee lessons learned from prior rounds of regional ‘‘(19) document steps taken to track and for the planning phase may not exceed partnership grants under this subsection, prevent child maltreatment deaths by in- $250,000, and may not exceed the total antici- and’’ before ‘‘consult’’; and cluding—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S775 ‘‘(A) a description of the steps the State is quirements before being regarded as failing under section 474(a)(1) for amounts expended taking to compile complete and accurate in- to comply with the requirements. for foster care maintenance payments on be- formation on the deaths required by Federal PART IV—ENSURING THE NECESSITY OF A half of a child who remains placed in a quali- law to be reported by the State agency re- PLACEMENT THAT IS NOT IN A FOSTER fied residential treatment program after the ferred to in paragraph (1), including gath- FAMILY HOME end of the 30-day period that begins on the ering relevant information on the deaths date a determination is made that the place- from the relevant organizations in the State SEC. 50741. LIMITATION ON FEDERAL FINANCIAL ment is no longer the recommended or ap- PARTICIPATION FOR PLACEMENTS including entities such as State vital statis- THAT ARE NOT IN FOSTER FAMILY proved placement for the child. tics department, child death review teams, HOMES. ‘‘(4) QUALIFIED RESIDENTIAL TREATMENT law enforcement agencies, offices of medical (a) LIMITATION ON FEDERAL FINANCIAL PAR- PROGRAM.—For purposes of this part, the examiners, or coroners; and TICIPATION.— term ‘qualified residential treatment pro- ‘‘(B) a description of the steps the State is (1) IN GENERAL.—Section 472 of the Social gram’ means a program that— taking to develop and implement a com- Security Act (42 U.S.C. 672), as amended by ‘‘(A) has a trauma-informed treatment prehensive, statewide plan to prevent the fa- section 50712(a), is amended— model that is designed to address the needs, talities that involves and engages relevant (A) in subsection (a)(2)(C), by inserting ‘‘, including clinical needs as appropriate, of public and private agency partners, includ- but only to the extent permitted under sub- children with serious emotional or behav- ing those in public health, law enforcement, section (k)’’ after ‘‘institution’’; and ioral disorders or disturbances and, with re- and the courts.’’. (B) by adding at the end the following: spect to a child, is able to implement the SEC. 50733. MODERNIZING THE TITLE AND PUR- ‘‘(k) LIMITATION ON FEDERAL FINANCIAL treatment identified for the child by the as- POSE OF TITLE IV–E. PARTICIPATION.— sessment of the child required under section (a) PART HEADING.—The heading for part E ‘‘(1) IN GENERAL.—Beginning with the third 475A(c); of title IV of the Social Security Act (42 week for which foster care maintenance pay- ‘‘(B) subject to paragraphs (5) and (6), has U.S.C. 670 et seq.) is amended to read as fol- ments are made under this section on behalf registered or licensed nursing staff and other lows: of a child placed in a child-care institution, licensed clinical staff who— ‘‘PART E—FEDERAL PAYMENTS FOR FOS- no Federal payment shall be made to the ‘‘(i) provide care within the scope of their TER CARE, PREVENTION, AND PERMA- State under section 474(a)(1) for amounts ex- practice as defined by State law; NENCY’’. pended for foster care maintenance pay- ‘‘(ii) are on-site according to the treatment (b) PURPOSE.—The first sentence of section ments on behalf of the child unless— model referred to in subparagraph (A); and 470 of such Act (42 U.S.C. 670) is amended— ‘‘(A) the child is placed in a child-care in- ‘‘(iii) are available 24 hours a day and 7 (1) by striking ‘‘1995) and’’ and inserting stitution that is a setting specified in para- days a week; ‘‘1995),’’; graph (2) (or is placed in a licensed residen- ‘‘(C) to extent appropriate, and in accord- (2) by inserting ‘‘kinship guardianship as- tial family-based treatment facility con- ance with the child’s best interests, facili- sistance, and prevention services or pro- sistent with subsection (j)); and tates participation of family members in the grams specified in section 471(e)(1),’’ after ‘‘(B) in the case of a child placed in a quali- child’s treatment program; ‘‘needs,’’; and fied residential treatment program (as de- ‘‘(D) facilitates outreach to the family (3) by striking ‘‘(commencing with the fis- fined in paragraph (4)), the requirements members of the child, including siblings, cal year which begins October 1, 1980)’’. specified in paragraph (3) and section 475A(c) documents how the outreach is made (includ- SEC. 50734. EFFECTIVE DATES. are met. ing contact information), and maintains con- (a) EFFECTIVE DATES.— ‘‘(2) SPECIFIED SETTINGS FOR PLACEMENT.— tact information for any known biological (1) IN GENERAL.—Except as provided in The settings for placement specified in this family and fictive kin of the child; paragraph (2), subject to subsection (b), the paragraph are the following: ‘‘(E) documents how family members are amendments made by parts I through III of ‘‘(A) A qualified residential treatment pro- integrated into the treatment process for the this subtitle shall take effect on October 1, gram (as defined in paragraph (4)). child, including post-discharge, and how sib- 2018. ‘‘(B) A setting specializing in providing ling connections are maintained; (2) EXCEPTIONS.—The amendments made by prenatal, post-partum, or parenting supports ‘‘(F) provides discharge planning and fam- sections 50711(d), 50731, and 50733 shall take for youth. ily-based aftercare support for at least 6 effect on the date of enactment of this Act. ‘‘(C) In the case of a child who has attained months post-discharge; and (b) TRANSITION RULE.— 18 years of age, a supervised setting in which ‘‘(G) is licensed in accordance with section (1) IN GENERAL.—In the case of a State plan the child is living independently. 471(a)(10) and is accredited by any of the fol- under part B or E of title IV of the Social Se- ‘‘(D) A setting providing high-quality resi- lowing independent, not-for-profit organiza- curity Act which the Secretary of Health dential care and supportive services to chil- tions: and Human Services determines requires dren and youth who have been found to be, or ‘‘(i) The Commission on Accreditation of State legislation (other than legislation ap- are at risk of becoming, sex trafficking vic- Rehabilitation Facilities (CARF). propriating funds) in order for the plan to tims, in accordance with section 471(a)(9)(C). ‘‘(ii) The Joint Commission on Accredita- meet the additional requirements imposed ‘‘(3) ASSESSMENT TO DETERMINE APPRO- tion of Healthcare Organizations (JCAHO). by the amendments made by parts I through PRIATENESS OF PLACEMENT IN A QUALIFIED ‘‘(iii) The Council on Accreditation (COA). III of this subtitle, the State plan shall not RESIDENTIAL TREATMENT PROGRAM.— ‘‘(iv) Any other independent, not-for-profit be regarded as failing to comply with the re- ‘‘(A) DEADLINE FOR ASSESSMENT.—In the accrediting organization approved by the quirements of such part solely on the basis case of a child who is placed in a qualified Secretary. of the failure of the plan to meet such addi- residential treatment program, if the assess- ‘‘(5) ADMINISTRATIVE COSTS.—The prohibi- tional requirements before the first day of ment required under section 475A(c)(1) is not tion in paragraph (1) on Federal payments the first calendar quarter beginning after the completed within 30 days after the place- under section 474(a)(1) shall not be construed close of the first regular session of the State ment is made, no Federal payment shall be as prohibiting Federal payments for admin- legislature that begins after the date of en- made to the State under section 474(a)(1) for istrative expenditures incurred on behalf of a actment of this Act. For purposes of the pre- any amounts expended for foster care main- child placed in a child-care institution and vious sentence, in the case of a State that tenance payments on behalf of the child dur- for which payment is available under section has a 2-year legislative session, each year of ing the placement. 474(a)(3). the session shall be deemed to be a separate ‘‘(B) DEADLINE FOR TRANSITION OUT OF ‘‘(6) RULE OF CONSTRUCTION.—The require- regular session of the State legislature. PLACEMENT.—If the assessment required ments in paragraph (4)(B) shall not be con- (2) APPLICATION TO PROGRAMS OPERATED BY under section 475A(c)(1) determines that the strued as requiring a qualified residential INDIAN TRIBAL ORGANIZATIONS.—In the case of placement of a child in a qualified residen- treatment program to acquire nursing and an Indian tribe, tribal organization, or tribal tial treatment program is not appropriate, a behavioral health staff solely through means consortium which the Secretary of Health court disapproves such a placement under of a direct employer to employee relation- and Human Services determines requires section 475A(c)(2), or a child who has been in ship.’’. time to take action necessary to comply an approved placement in a qualified resi- (2) CONFORMING AMENDMENT.—Section with the additional requirements imposed by dential treatment program is going to return 474(a)(1) of the Social Security Act (42 U.S.C. the amendments made by parts I through III home or be placed with a fit and willing rel- 674(a)(1)), as amended by section 50712(b), is of this subtitle (whether the tribe, organiza- ative, a legal guardian, or an adoptive par- amended by striking ‘‘section 472(j)’’ and in- tion, or tribal consortium has a plan under ent, or in a foster family home, Federal pay- serting ‘‘subsections (j) and (k) of section section 479B of the Social Security Act or a ments shall be made to the State under sec- 472’’. cooperative agreement or contract entered tion 474(a)(1) for amounts expended for foster (b) DEFINITION OF FOSTER FAMILY HOME, into with a State), the Secretary shall pro- care maintenance payments on behalf of the CHILD-CARE INSTITUTION.—Section 472(c) of vide the tribe, organization, or tribal consor- child while the child remains in the qualified such Act (42 U.S.C. 672(c)(1)) is amended to tium with such additional time as the Sec- residential treatment program only during read as follows: retary determines is necessary for the tribe, the period necessary for the child to transi- ‘‘(c) DEFINITIONS.—For purposes of this organization, or tribal consortium to take tion home or to such a placement. In no part: the action to comply with the additional re- event shall a State receive Federal payments ‘‘(1) FOSTER FAMILY HOME.—

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‘‘(A) IN GENERAL.—The term ‘foster family lation of youth in the State’s juvenile justice ‘‘(I) the reasonable and good faith effort of home’ means the home of an individual or system.’’. the State to identify and include all the indi- family— (2) GAO STUDY AND REPORT.—The Comp- viduals described in clause (ii) on the child’s ‘‘(i) that is licensed or approved by the troller General of the United States shall family and permanency team; State in which it is situated as a foster fam- evaluate the impact, if any, on State juve- ‘‘(II) all contact information for members ily home that meets the standards estab- nile justice systems of the limitation im- of the family and permanency team, as well lished for the licensing or approval; and posed under section 472(k) of the Social Se- as contact information for other family ‘‘(ii) in which a child in foster care has curity Act (as added by section 50741(a)(1)) on members and fictive kin who are not part of been placed in the care of an individual, who foster care maintenance payments made on the family and permanency team; resides with the child and who has been li- behalf of any child who is placed in a setting ‘‘(III) evidence that meetings of the family censed or approved by the State to be a fos- that is not a foster family home, in accord- and permanency team, including meetings ter parent— ance with the amendments made by sub- relating to the assessment required under ‘‘(I) that the State deems capable of adher- sections (a) and (b) of this section. In par- subparagraph (A), are held at a time and ing to the reasonable and prudent parent ticular, the Comptroller General shall evalu- place convenient for family; standard; ate the extent to which children in foster ‘‘(IV) if reunification is the goal, evidence ‘‘(II) that provides 24-hour substitute care care who also are subject to the juvenile jus- demonstrating that the parent from whom for children placed away from their parents tice system of the State are placed in a facil- the child was removed provided input on the or other caretakers; and ity under the jurisdiction of the juvenile jus- members of the family and permanency ‘‘(III) that provides the care for not more tice system and whether the lack of avail- team; than six children in foster care. able congregate care placements under the ‘‘(V) evidence that the assessment required ‘‘(B) STATE FLEXIBILITY.—The number of jurisdiction of the child welfare systems is a under subparagraph (A) is determined in con- foster children that may be cared for in a contributing factor to that result. Not later junction with the family and permanency home under subparagraph (A) may exceed than December 31, 2025, the Comptroller Gen- team; the numerical limitation in subparagraph eral shall submit to Congress a report on the ‘‘(VI) the placement preferences of the (A)(ii)(III), at the option of the State, for any results of the evaluation. family and permanency team relative to the of the following reasons: SEC. 50742. ASSESSMENT AND DOCUMENTATION ‘‘(i) To allow a parenting youth in foster OF THE NEED FOR PLACEMENT IN A assessment that recognizes children should care to remain with the child of the par- QUALIFIED RESIDENTIAL TREAT- be placed with their siblings unless there is enting youth. MENT PROGRAM. a finding by the court that such placement is ‘‘(ii) To allow siblings to remain together. Section 475A of the Social Security Act (42 contrary to their best interest; and ‘‘(iii) To allow a child with an established U.S.C. 675a) is amended by adding at the end ‘‘(VII) if the placement preferences of the meaningful relationship with the family to the following: family and permanency team and child are remain with the family. ‘‘(c) ASSESSMENT, DOCUMENTATION, AND JU- not the placement setting recommended by ‘‘(iv) To allow a family with special train- DICIAL DETERMINATION REQUIREMENTS FOR the qualified individual conducting the as- ing or skills to provide care to a child who PLACEMENT IN A QUALIFIED RESIDENTIAL sessment under subparagraph (A), the rea- has a severe disability. TREATMENT PROGRAM.—In the case of any sons why the preferences of the team and of child who is placed in a qualified residential ‘‘(C) RULE OF CONSTRUCTION.—Subpara- the child were not recommended. graph (A) shall not be construed as prohib- treatment program (as defined in section ‘‘(C) In the case of a child who the qualified iting a foster parent from renting the home 472(k)(4)), the following requirements shall individual conducting the assessment under apply for purposes of approving the case plan in which the parent cares for a foster child subparagraph (A) determines should not be for the child and the case system review pro- placed in the parent’s care. placed in a foster family home, the qualified cedure for the child: ‘‘(2) CHILD-CARE INSTITUTION.— individual shall specify in writing the rea- ‘‘(1)(A) Within 30 days of the start of each ‘‘(A) IN GENERAL.—The term ‘child-care in- sons why the needs of the child cannot be placement in such a setting, a qualified indi- stitution’ means a private child-care institu- met by the family of the child or in a foster vidual (as defined in subparagraph (D)) tion, or a public child-care institution which family home. A shortage or lack of foster shall— accommodates no more than 25 children, family homes shall not be an acceptable rea- ‘‘(i) assess the strengths and needs of the which is licensed by the State in which it is son for determining that the needs of the child using an age-appropriate, evidence- situated or has been approved by the agency child cannot be met in a foster family home. based, validated, functional assessment tool of the State responsible for licensing or ap- The qualified individual also shall specify in approved by the Secretary; proval of institutions of this type as meeting writing why the recommended placement in ‘‘(ii) determine whether the needs of the the standards established for the licensing. a qualified residential treatment program is child can be met with family members or ‘‘(B) SUPERVISED SETTINGS.—In the case of the setting that will provide the child with through placement in a foster family home a child who has attained 18 years of age, the or, if not, which setting from among the set- the most effective and appropriate level of term shall include a supervised setting in tings specified in section 472(k)(2) would pro- care in the least restrictive environment and which the individual is living independently, vide the most effective and appropriate level how that placement is consistent with the in accordance with such conditions as the of care for the child in the least restrictive short- and long-term goals for the child, as Secretary shall establish in regulations. environment and be consistent with the specified in the permanency plan for the ‘‘(C) EXCLUSIONS.—The term shall not in- short- and long-term goals for the child, as child. clude detention facilities, forestry camps, specified in the permanency plan for the ‘‘(D)(i) Subject to clause (ii), in this sub- training schools, or any other facility oper- child; and section, the term ‘qualified individual’ ated primarily for the detention of children ‘‘(iii) develop a list of child-specific short- means a trained professional or licensed cli- who are determined to be delinquent.’’. and long-term mental and behavioral health nician who is not an employee of the State (c) TRAINING FOR STATE JUDGES, ATTOR- goals. agency and who is not connected to, or affili- NEYS, AND OTHER LEGAL PERSONNEL IN CHILD ated with, any placement setting in which WELFARE CASES.—Section 438(b)(1) of such ‘‘(B)(i) The State shall assemble a family and permanency team for the child in ac- children are placed by the State. Act (42 U.S.C. 629h(b)(1)) is amended in the ‘‘(ii) The Secretary may approve a request matter preceding subparagraph (A) by insert- cordance with the requirements of clauses of a State to waive any requirement in ing ‘‘shall provide for the training of judges, (ii) and (iii). The qualified individual con- clause (i) upon a submission by the State, in attorneys, and other legal personnel in child ducting the assessment required under sub- accordance with criteria established by the welfare cases on Federal child welfare poli- paragraph (A) shall work in conjunction with cies and payment limitations with respect to the family of, and permanency team for, the Secretary, that certifies that the trained children in foster care who are placed in set- child while conducting and making the as- professionals or licensed clinicians with re- tings that are not a foster family home,’’ sessment. sponsibility for performing the assessments after ‘‘with respect to the child,’’. ‘‘(ii) The family and permanency team described in subparagraph (A) shall maintain (d) ASSURANCE OF NONIMPACT ON JUVENILE shall consist of all appropriate biological objectivity with respect to determining the JUSTICE SYSTEM.— family members, relative, and fictive kin of most effective and appropriate placement for (1) STATE PLAN REQUIREMENT.—Section the child, as well as, as appropriate, profes- a child. 471(a) of such Act (42 U.S.C. 671(a)), as sionals who are a resource to the family of ‘‘(2) Within 60 days of the start of each amended by section 50731, is further amended the child, such as teachers, medical or men- placement in a qualified residential treat- by adding at the end the following: tal health providers who have treated the ment program, a family or juvenile court or ‘‘(37) includes a certification that, in re- child, or clergy. In the case of a child who another court (including a tribal court) of sponse to the limitation imposed under sec- has attained age 14, the family and perma- competent jurisdiction, or an administrative tion 472(k) with respect to foster care main- nency team shall include the members of the body appointed or approved by the court, tenance payments made on behalf of any permanency planning team for the child that independently, shall— child who is placed in a setting that is not a are selected by the child in accordance with ‘‘(A) consider the assessment, determina- foster family home, the State will not enact section 475(5)(C)(iv). tion, and documentation made by the quali- or advance policies or practices that would ‘‘(iii) The State shall document in the fied individual conducting the assessment result in a significant increase in the popu- child’s case plan— under paragraph (1);

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‘‘(B) determine whether the needs of the CONDITIONS.—The Secretary shall conduct an (b) TECHNICAL AMENDMENTS.—Subpara- child can be met through placement in a fos- evaluation of the procedures and protocols graphs (A) and (C) of section 471(a)(20) of the ter family home or, if not, whether place- established by States in accordance with the Social Security Act (42 U.S.C. 671(a)(20)) are ment of the child in a qualified residential requirements of section 422(b)(15)(A)(vii). each amended by striking ‘‘section treatment program provides the most effec- The evaluation shall analyze the extent to 534(e)(3)(A)’’ and inserting ‘‘section tive and appropriate level of care for the which States comply with and enforce the 534(f)(3)(A)’’. child in the least restrictive environment procedures and protocols and the effective- SEC. 50746. EFFECTIVE DATES; APPLICATION TO and whether that placement is consistent ness of various State procedures and proto- WAIVERS. with the short- and long-term goals for the cols and shall identify best practices. Not (a) EFFECTIVE DATES.— child, as specified in the permanency plan later than January 1, 2020, the Secretary (1) IN GENERAL.—Subject to paragraph (2) for the child; and shall submit a report on the results of the and subsections (b), (c), and (d), the amend- ‘‘(C) approve or disapprove the placement. evaluation to Congress.’’. ments made by this part shall take effect as ‘‘(3) The written documentation made SEC. 50744. ADDITIONAL DATA AND REPORTS RE- if enacted on January 1, 2018. under paragraph (1)(C) and documentation of GARDING CHILDREN PLACED IN A (2) TRANSITION RULE.—In the case of a the determination and approval or dis- SETTING THAT IS NOT A FOSTER State plan under part B or E of title IV of approval of the placement in a qualified resi- FAMILY HOME. the Social Security Act which the Secretary dential treatment program by a court or ad- Section 479A(a)(7)(A) of the Social Security of Health and Human Services determines re- ministrative body under paragraph (2) shall Act (42 U.S.C. 679b(a)(7)(A)) is amended by quires State legislation (other than legisla- be included in and made part of the case plan striking clauses (i) through (vi) and inserting tion appropriating funds) in order for the for the child. the following: plan to meet the additional requirements ‘‘(4) As long as a child remains placed in a ‘‘(i) with respect to each such placement— imposed by the amendments made by this qualified residential treatment program, the ‘‘(I) the type of the placement setting, in- part, the State plan shall not be regarded as State agency shall submit evidence at each cluding whether the placement is shelter failing to comply with the requirements of status review and each permanency hearing care, a group home and if so, the range of the part B or E of title IV of such Act solely on held with respect to the child— child population in the home, a residential the basis of the failure of the plan to meet ‘‘(A) demonstrating that ongoing assess- treatment facility, a hospital or institution the additional requirements before the first ment of the strengths and needs of the child providing medical, rehabilitative, or psy- day of the first calendar quarter beginning continues to support the determination that chiatric care, a setting specializing in pro- after the close of the first regular session of the needs of the child cannot be met through viding prenatal, post-partum, or parenting the State legislature that begins after the placement in a foster family home, that the supports, or some other kind of child-care in- date of enactment of this Act. For purposes placement in a qualified residential treat- stitution and if so, what kind; of the previous sentence, in the case of a ment program provides the most effective ‘‘(II) the number of children in the place- State that has a 2-year legislative session, and appropriate level of care for the child in ment setting and the age, race, ethnicity, each year of the session shall be deemed to the least restrictive environment, and that and gender of each of the children; be a separate regular session of the State the placement is consistent with the short- ‘‘(III) for each child in the placement set- legislature. and long-term goals for the child, as speci- ting, the length of the placement of the child (b) LIMITATION ON FEDERAL FINANCIAL PAR- fied in the permanency plan for the child; in the setting, whether the placement of the TICIPATION FOR PLACEMENTS THAT ARE NOT IN ‘‘(B) documenting the specific treatment child in the setting is the first placement of FOSTER FAMILY HOMES AND RELATED PROVI- or service needs that will be met for the the child and if not, the number and type of SIONS.— child in the placement and the length of previous placements of the child, and wheth- (1) IN GENERAL.—The amendments made by time the child is expected to need the treat- er the child has special needs or another di- sections 50741(a), 50741(b), 50741(d), and 50742 ment or services; and agnosed mental or physical illness or condi- shall take effect on October 1, 2019. ‘‘(C) documenting the efforts made by the tion; and (2) STATE OPTION TO DELAY EFFECTIVE DATE State agency to prepare the child to return ‘‘(IV) the extent of any specialized edu- FOR NOT MORE THAN 2 YEARS.—If a State re- home or to be placed with a fit and willing cation, treatment, counseling, or other serv- quests a delay in the effective date, the Sec- relative, a legal guardian, or an adoptive ices provided in the setting; and retary of Health and Human Services shall parent, or in a foster family home. ‘‘(ii) separately, the number and ages of delay the effective date provided for in para- ‘‘(5) In the case of any child who is placed children in the placements who have a per- graph (1) with respect to the State for the in a qualified residential treatment program manency plan of another planned permanent amount of time requested by the State, not for more than 12 consecutive months or 18 living arrangement; and’’. to exceed 2 years. If the effective date is so nonconsecutive months (or, in the case of a SEC. 50745. CRIMINAL RECORDS CHECKS AND delayed for a period with respect to a State child who has not attained age 13, for more CHECKS OF CHILD ABUSE AND NE- under the preceding sentence, then— than 6 consecutive or nonconsecutive GLECT REGISTRIES FOR ADULTS (A) notwithstanding section 50734, the date months), the State agency shall submit to WORKING IN CHILD-CARE INSTITU- TIONS AND OTHER GROUP CARE that the amendments made by section the Secretary— 50711(c) take effect with respect to the State ‘‘(A) the most recent versions of the evi- SETTINGS. (a) STATE PLAN REQUIREMENT.—Section shall be delayed for the period; and dence and documentation specified in para- 471(a)(20) of the Social Security Act (42 (B) in applying section 474(a)(6) of the So- graph (4); and U.S.C. 671(a)(20)) is amended— cial Security Act with respect to the State, ‘‘(B) the signed approval of the head of the (1) in subparagraph (A)(ii), by striking ‘‘on or after the date this paragraph takes ef- State agency for the continued placement of ‘‘and’’ after the semicolon; fect with respect to the State’’ is deemed to the child in that setting.’’. (2) in subparagraph (B)(iii), by striking be substituted for ‘‘after September 30, 2019’’ SEC. 50743. PROTOCOLS TO PREVENT INAPPRO- in subparagraph (A)(i)(I) of such section. PRIATE DIAGNOSES. ‘‘and’’after the semicolon; (3) in subparagraph (C), by adding ‘‘and’’ (c) CRIMINAL RECORDS CHECKS AND CHECKS (a) STATE PLAN REQUIREMENT.—Section OF CHILD ABUSE AND NEGLECT REGISTRIES 422(b)(15)(A) of the Social Security Act (42 after the semicolon; and (4) by inserting after subparagraph (C), the FOR ADULTS WORKING IN CHILD-CARE INSTITU- U.S.C. 622(b)(15)(A)) is amended— TIONS AND OTHER GROUP CARE SETTINGS.— (1) in clause (vi), by striking ‘‘and’’ after following new subparagraph: ‘‘(D) provides procedures for any child-care Subject to subsection (a)(2), the amendments the semicolon; made by section 50745 shall take effect on Oc- (2) by redesignating clause (vii) as clause institution, including a group home, residen- tial treatment center, shelter, or other con- tober 1, 2018. (viii); and (d) APPLICATION TO STATES WITH WAIV- (3) by inserting after clause (vi) the fol- gregate care setting, to conduct criminal records checks, including fingerprint-based ERS.—In the case of a State that, on the date lowing: of enactment of this Act, has in effect a ‘‘(vii) the procedures and protocols the checks of national crime information data- bases (as defined in section 534(f)(3)(A) of waiver approved under section 1130 of the So- State has established to ensure that children cial Security Act (42 U.S.C. 1320a–9), the in foster care placements are not inappropri- title 28, United States Code), and checks de- scribed in subparagraph (B) of this para- amendments made by this part shall not ately diagnosed with mental illness, other apply with respect to the State before the emotional or behavioral disorders, medically graph, on any adult working in a child-care institution, including a group home, residen- expiration (determined without regard to fragile conditions, or developmental disabil- any extensions) of the waiver to the extent ities, and placed in settings that are not fos- tial treatment center, shelter, or other con- gregate care setting, unless the State reports the amendments are inconsistent with the ter family homes as a result of the inappro- terms of the waiver. priate diagnoses; and’’. to the Secretary the alternative criminal (b) EVALUATION.—Section 476 of such Act records checks and child abuse registry PART V—CONTINUING SUPPORT FOR (42 U.S.C. 676), as amended by section checks the State conducts on any adult CHILD AND FAMILY SERVICES 50711(d), is further amended by adding at the working in a child-care institution, includ- SEC. 50751. SUPPORTING AND RETAINING FOS- end the following: ing a group home, residential treatment cen- TER FAMILIES FOR CHILDREN. ‘‘(e) EVALUATION OF STATE PROCEDURES ter, shelter, or other congregate care setting, (a) SUPPORTING AND RETAINING FOSTER AND PROTOCOLS TO PREVENT INAPPROPRIATE and why the checks specified in this subpara- PARENTS AS A FAMILY SUPPORT SERVICE.— DIAGNOSES OF MENTAL ILLNESS OR OTHER graph are not appropriate for the State;’’. Section 431(a)(2)(B) of the Social Security

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE February 7, 2018 Act (42 U.S.C. 631(a)(2)(B)) is amended by re- (C) by adding at the end the following: (B) by inserting ‘‘, but in no event may a designating clauses (iii) through (vi) as ‘‘(ii) If the State has elected under section youth participate in the program for more clauses (iv) through (vii), respectively, and 475(8)(B) to extend eligibility for foster care than 5 years (whether or not consecutive)’’ inserting after clause (ii) the following: to all children who have not attained 21 before the period. ‘‘(iii) To support and retain foster families years of age, or if the Secretary determines (2) CONFORMING AMENDMENT.—Section so they can provide quality family-based set- that the State agency responsible for admin- 477(i)(1) of such Act (42 U.S.C. 677(i)(1)) is tings for children in foster care.’’. istering the State plans under this part and amended by inserting ‘‘who have attained 14 (b) SUPPORT FOR FOSTER FAMILY HOMES.— part B uses State funds or any other funds years of age’’ before the period. Section 436 of such Act (42 U.S.C. 629f) is not provided under this part to provide serv- (d) OTHER IMPROVEMENTS.—Section 477 of amended by adding at the end the following: ices and assistance for youths who have aged such Act (42 U.S.C. 677), as amended by sub- ‘‘(c) SUPPORT FOR FOSTER FAMILY HOMES.— out of foster care that are comparable to the sections (a), (b), and (c), is amended— Out of any money in the Treasury of the services and assistance the youths would re- (1) in the section heading, by striking United States not otherwise appropriated, ceive if the State had made such an election, ‘‘INDEPENDENCE PROGRAM’’ and inserting there are appropriated to the Secretary for the certification required under clause (i) ‘‘PROGRAM FOR SUCCESSFUL TRANSITION TO fiscal year 2018, $8,000,000 for the Secretary may provide that the State will provide as- ADULTHOOD’’; to make competitive grants to States, Indian sistance and services to youths who have (2) in subsection (a)— tribes, or tribal consortia to support the re- aged out of foster care and have not attained (A) in paragraph (1)— cruitment and retention of high-quality fos- 23 years of age.’’; and (i) by striking ‘‘identify children who are ter families to increase their capacity to (3) in subsection (b)(3)(B), by striking likely to remain in foster care until 18 years place more children in family settings, fo- ‘‘children who have left foster care’’ and all of age and to help these children make the cused on States, Indian tribes, or tribal con- that follows through the period and inserting transition to self-sufficiency by providing sortia with the highest percentage of chil- ‘‘youths who have aged out of foster care and services’’ and inserting ‘‘support all youth dren in non-family settings. The amount ap- have not attained 21 years of age (or 23 years who have experienced foster care at age 14 or propriated under this subparagraph shall re- of age, in the case of a State with a certifi- older in their transition to adulthood main available through fiscal year 2022.’’. cation under subparagraph (A)(i) to provide through transitional services’’; SEC. 50752. EXTENSION OF CHILD AND FAMILY assistance and services to youths who have (ii) by inserting ‘‘and post-secondary edu- SERVICES PROGRAMS. aged out of foster care and have not attained cation’’ after ‘‘high school diploma’’; and (a) EXTENSION OF STEPHANIE TUBBS JONES such age, in accordance with subparagraph (iii) by striking ‘‘training in daily living CHILD WELFARE SERVICES PROGRAM.—Section (A)(ii)).’’. skills, training in budgeting and financial 425 of the Social Security Act (42 U.S.C. 625) (b) AUTHORITY TO REDISTRIBUTE UNSPENT management skills’’ and inserting ‘‘training is amended by striking ‘‘2012 through 2016’’ FUNDS.—Section 477(d) of such Act (42 U.S.C. and opportunities to practice daily living and inserting ‘‘2017 through 2021’’. 677(d)) is amended— skills (such as financial literacy training and (b) EXTENSION OF PROMOTING SAFE AND (1) in paragraph (4), by inserting ‘‘or does driving instruction)’’; STABLE FAMILIES PROGRAM AUTHORIZA- not expend allocated funds within the time (B) in paragraph (2), by striking ‘‘who are TIONS.— period specified under section 477(d)(3)’’ after likely to remain in foster care until 18 years (1) IN GENERAL.—Section 436(a) of such Act ‘‘provided by the Secretary’’; and of age receive the education, training, and (42 U.S.C. 629f(a)) is amended by striking all (2) by adding at the end the following: services necessary to obtain employment’’ that follows ‘‘$345,000,000’’ and inserting ‘‘for ‘‘(5) REDISTRIBUTION OF UNEXPENDED and inserting ‘‘who have experienced foster each of fiscal years 2017 through 2021.’’. AMOUNTS.— care at age 14 or older achieve meaningful, (2) DISCRETIONARY GRANTS.—Section 437(a) ‘‘(A) AVAILABILITY OF AMOUNTS.—To the ex- permanent connections with a caring adult’’; of such Act (42 U.S.C. 629g(a)) is amended by tent that amounts paid to States under this (C) in paragraph (3), by striking ‘‘who are striking ‘‘2012 through 2016’’ and inserting section in a fiscal year remain unexpended likely to remain in foster care until 18 years ‘‘2017 through 2021’’. by the States at the end of the succeeding of age prepare for and enter postsecondary (c) EXTENSION OF FUNDING RESERVATIONS fiscal year, the Secretary may make the training and education institutions’’ and in- FOR MONTHLY CASEWORKER VISITS AND RE- amounts available for redistribution in the serting ‘‘who have experienced foster care at GIONAL PARTNERSHIP GRANTS.—Section 436(b) second succeeding fiscal year among the of such Act (42 U.S.C. 629f(b)) is amended— age 14 or older engage in age or develop- States that apply for additional funds under (1) in paragraph (4)(A), by striking ‘‘2012 mentally appropriate activities, positive this section for that second succeeding fiscal through 2016’’ and inserting ‘‘2017 through youth development, and experiential learn- year. 2021’’; and ing that reflects what their peers in intact ‘‘(B) REDISTRIBUTION.— (2) in paragraph (5), by striking ‘‘2012 families experience’’; and ‘‘(i) IN GENERAL.—The Secretary shall re- through 2016’’ and inserting ‘‘2017 through (D) by striking paragraph (4) and redesig- distribute the amounts made available under 2021’’. nating paragraphs (5) through (8) as para- subparagraph (A) for a fiscal year among eli- (d) REAUTHORIZATION OF FUNDING FOR graphs (4) through (7); gible applicant States. In this subparagraph, STATE COURTS.— (3) in subsection (b)— the term ‘eligible applicant State’ means a (1) EXTENSION OF PROGRAM.—Section (A) in paragraph (2)(D), by striking ‘‘ado- State that has applied for additional funds 438(c)(1) of such Act (42 U.S.C. 629h(c)(1)) is lescents’’ and inserting ‘‘youth’’; and for the fiscal year under subparagraph (A) if amended by striking ‘‘2012 through 2016’’ and (B) in paragraph (3)— the Secretary determines that the State will inserting ‘‘2017 through 2021’’. (i) in subparagraph (D)— use the funds for the purpose for which origi- (2) EXTENSION OF FEDERAL SHARE.—Section (I) by inserting ‘‘including training on nally allotted under this section. 438(d) of such Act (42 U.S.C. 629h(d)) is youth development’’ after ‘‘to provide train- ‘‘(ii) AMOUNT TO BE REDISTRIBUTED.—The amended by striking ‘‘2012 through 2016’’ and ing’’; and amount to be redistributed to each eligible inserting ‘‘2017 through 2021’’. (II) by striking ‘‘adolescents preparing for applicant State shall be the amount so made (e) REPEAL OF EXPIRED PROVISIONS.—Sec- independent living’’ and all that follows tion 438(e) of such Act (42 U.S.C. 629h(e)) is available multiplied by the State foster care through the period and inserting ‘‘youth pre- repealed. ratio, (as defined in subsection (c)(4), except paring for a successful transition to adult- that, in such subsection, ‘all eligible appli- SEC. 50753. IMPROVEMENTS TO THE JOHN H. hood and making a permanent connection CHAFEE FOSTER CARE INDEPEND- cant States (as defined in subsection with a caring adult.’’; ENCE PROGRAM AND RELATED PRO- (d)(5)(B)(i))’ shall be substituted for ‘all (ii) in subparagraph (H), by striking ‘‘ado- VISIONS. States’). lescents’’ each place it appears and inserting (a) AUTHORITY TO SERVE FORMER FOSTER ‘‘(iii) TREATMENT OF REDISTRIBUTED ‘‘youth’’; and YOUTH UP TO AGE 23.—Section 477 of the So- AMOUNT.—Any amount made available to a (iii) in subparagraph (K)— cial Security Act (42 U.S.C. 677) is amended— State under this paragraph shall be regarded (I) by striking ‘‘an adolescent’’ and insert- (1) in subsection (a)(5), by inserting ‘‘(or 23 as part of the allotment of the State under ing ‘‘a youth’’; and years of age, in the case of a State with a this section for the fiscal year in which the (II) by striking ‘‘the adolescent’’ each certification under subsection (b)(3)(A)(ii) to redistribution is made. place it appears and inserting ‘‘the youth’’; provide assistance and services to youths ‘‘(C) TRIBES.—For purposes of this para- and who have aged out of foster care and have graph, the term ‘State’ includes an Indian (4) in subsection (f), by striking paragraph not attained such age, in accordance with tribe, tribal organization, or tribal consor- (2) and inserting the following: such subsection)’’ after ‘‘21 years of age’’; tium that receives an allotment under this ‘‘(2) REPORT TO CONGRESS.—Not later than (2) in subsection (b)(3)(A)— section.’’. October 1, 2019, the Secretary shall submit to (A) by inserting ‘‘(i)’’ before ‘‘A certifi- (c) EXPANDING AND CLARIFYING THE USE OF the Committee on Ways and Means of the cation’’; EDUCATION AND TRAINING VOUCHERS.— House of Representatives and the Committee (B) by striking ‘‘children who have left fos- (1) IN GENERAL.—Section 477(i)(3) of such on Finance of the Senate a report on the Na- ter care’’ and all that follows through the pe- Act (42 U.S.C. 677(i)(3)) is amended— tional Youth in Transition Database and any riod and inserting ‘‘youths who have aged (A) by striking ‘‘on the date’’ and all that other databases in which States report out- out of foster care and have not attained 21 follows through ‘‘23’’ and inserting ‘‘to re- come measures relating to children in foster years of age.’’; and main eligible until they attain 26’’; and care and children who have aged out of foster

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S779 care or left foster care for kinship guardian- ‘‘(1) incorporate a widely accepted, non- (1) The requirement to spend an amount ship or adoption. The report shall include proprietary, searchable, computer-readable equal to the amount of the savings (if any) in the following: format, such as the Extensible Markup Lan- State expenditures under part E of title IV of ‘‘(A) A description of the reasons for entry guage; the Social Security Act resulting from phas- into foster care and of the foster care experi- ‘‘(2) contain interoperable standards devel- ing out the AFDC income eligibility require- ences, such as length of stay, number of oped and maintained by intergovernmental ments for adoption assistance payments placement settings, case goal, and discharge partnerships, such as the National Informa- under section 473 of such Act to provide to reason of 17-year-olds who are surveyed by tion Exchange Model; children of families any service that may be the National Youth in Transition Database ‘‘(3) incorporate interoperable standards provided under part B or E of title IV of such and an analysis of the comparison of that de- developed and maintained by Federal enti- Act. scription with the reasons for entry and fos- ties with authority over contracting and fi- (2) The requirement that a State shall ter care experiences of children of other ages nancial assistance; spend not less than 30 percent of the amount who exit from foster care before attaining ‘‘(4) be consistent with and implement ap- of any savings described in paragraph (1) on age 17. plicable accounting principles; post-adoption services, post-guardianship ‘‘(B) A description of the characteristics of ‘‘(5) be implemented in a manner that is services, and services to support and sustain the individuals who report poor outcomes at cost-effective and improves program effi- positive permanent outcomes for children ages 19 and 21 to the National Youth in Tran- ciency and effectiveness; and who otherwise might enter into foster care sition Database. ‘‘(6) be capable of being continually up- under the responsibility of the State, with at ‘‘(C) Benchmarks for determining what graded as necessary. least 2⁄3 of the spending by the State to com- constitutes a poor outcome for youth who re- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in ply with the 30 percent requirement being main in or have exited from foster care and this subsection shall be construed to require spent on post-adoption and post-guardian- plans the executive branch will take to in- a change to existing data exchange standards ship services. corporate these benchmarks in efforts to found to be effective and efficient.’’. (b) REPORT.—The Comptroller General of evaluate child welfare agency performance (b) EFFECTIVE DATE.—Not later than the the United States shall submit to the Com- in providing services to children date that is 24 months after the date of the mittee on Finance of the Senate, the Com- transitioning from foster care. enactment of this section, the Secretary of mittee on Ways and Means of the House of ‘‘(D) An analysis of the association be- Health and Human Services shall issue a pro- Representatives, and the Secretary of Health tween types of placement, number of overall posed rule that— and Human Services a report that contains placements, time spent in foster care, and (1) identifies federally required data ex- the results of the study required by sub- other factors, and outcomes at ages 19 and changes, include specification and timing of section (a), including recommendations to 21. exchanges to be standardized, and address ensure compliance with laws referred to in ‘‘(E) An analysis of the differences in out- the factors used in determining whether and subsection (a). comes for children in and formerly in foster when to standardize data exchanges; and TITLE VIII—SUPPORTING SOCIAL IMPACT care at age 19 and 21 among States.’’. (2) specifies State implementation options PARTNERSHIPS TO PAY FOR RESULTS and describes future milestones. (e) CLARIFYING DOCUMENTATION PROVIDED SEC. 50801. SHORT TITLE. TO FOSTER YOUTH LEAVING FOSTER CARE.— SEC. 50772. TECHNICAL CORRECTIONS TO STATE This subtitle may be cited as the ‘‘Social Section 475(5)(I) of such Act (42 U.S.C. REQUIREMENT TO ADDRESS THE Impact Partnerships to Pay for Results DEVELOPMENTAL NEEDS OF YOUNG 675(5)(I)) is amended by inserting after Act’’. ‘‘REAL ID Act of 2005’’ the following: ‘‘, and CHILDREN. SEC. 50802. SOCIAL IMPACT PARTNERSHIPS TO any official documentation necessary to Section 422(b)(18) of the Social Security Act (42 U.S.C. 622(b)(18)) is amended by strik- PAY FOR RESULTS. prove that the child was previously in foster Title XX of the Social Security Act (42 care’’. ing ‘‘such children’’ and inserting ‘‘all vul- nerable children under 5 years of age’’. U.S.C. 1397 et seq.) is amended— PART VI—CONTINUING INCENTIVES TO (1) in the title heading, by striking ‘‘TO PART VIII—ENSURING STATES REINVEST STATES TO PROMOTE ADOPTION AND STATES’’ and inserting ‘‘AND PRO- SAVINGS RESULTING FROM INCREASE LEGAL GUARDIANSHIP GRAMS’’; and IN ADOPTION ASSISTANCE SEC. 50761. REAUTHORIZING ADOPTION AND (2) by adding at the end the following: LEGAL GUARDIANSHIP INCENTIVE SEC. 50781. DELAY OF ADOPTION ASSISTANCE ‘‘Subtitle C—Social Impact Demonstration PHASE-IN. PROGRAMS. Projects (a) IN GENERAL.—Section 473A of the Social (a) IN GENERAL.—The table in section PURPOSES Security Act (42 U.S.C. 673b) is amended— 473(e)(1)(B) of the Social Security Act (42 ‘‘ (1) in subsection (b)(4), by striking ‘‘2013 U.S.C. 673(e)(1)(B)) is amended by striking ‘‘SEC. 2051. The purposes of this subtitle through 2015’’ and inserting ‘‘2016 through the last 2 rows and inserting the following: are the following: 2020’’; ‘‘(1) To improve the lives of families and individuals in need in the United States by (2) in subsection (h)(1)(D), by striking ‘‘2017 through 2023 ...... 2 funding social programs that achieve real re- ‘‘2016’’ and inserting ‘‘2021’’; and 2024 ...... 2 (or, in the case of a child for sults. (3) in subsection (h)(2), by striking ‘‘2016’’ whom an adoption assist- ‘‘(2) To redirect funds away from programs and inserting ‘‘2021’’. ance agreement is entered that, based on objective data, are ineffective, (b) EFFECTIVE DATE.—The amendments into under this section on or and into programs that achieve demon- made by subsection (a) shall take effect as if after July 1, 2024, any age) strable, measurable results. enacted on October 1, 2017. 2025 or thereafter ...... any age.’’. PART VII—TECHNICAL CORRECTIONS ‘‘(3) To ensure Federal funds are used effec- tively on social services to produce positive (b) EFFECTIVE DATE.—The amendment SEC. 50771. TECHNICAL CORRECTIONS TO DATA outcomes for both service recipients and tax- EXCHANGE STANDARDS TO IM- made by this section shall take effect as if payers. PROVE PROGRAM COORDINATION. enacted on January 1, 2018. ‘‘(4) To establish the use of social impact (a) IN GENERAL.—Section 440 of the Social SEC. 50782. GAO STUDY AND REPORT ON STATE Security Act (42 U.S.C. 629m) is amended to partnerships to address some of our Nation’s REINVESTMENT OF SAVINGS RE- most pressing problems. read as follows: SULTING FROM INCREASE IN ADOP- ‘‘(5) To facilitate the creation of public-pri- ‘‘SEC. 440. DATA EXCHANGE STANDARDS FOR IM- TION ASSISTANCE. PROVED INTEROPERABILITY. (a) STUDY.—The Comptroller General of vate partnerships that bundle philanthropic or other private resources with existing pub- ‘‘(a) DESIGNATION.—The Secretary shall, in the United States shall study the extent to consultation with an interagency work which States are complying with the re- lic spending to scale up effective social inter- group established by the Office of Manage- quirements of section 473(a)(8) of the Social ventions already being implemented by pri- ment and Budget and considering State gov- Security Act (42 U.S.C. 673(a)(8)) relating to vate organizations, nonprofits, charitable or- ernment perspectives, by rule, designate the effects of phasing out the AFDC income ganizations, and State and local govern- data exchange standards to govern, under eligibility requirements for adoption assist- ments across the country. this part and part E— ance payments under section 473 of the So- ‘‘(6) To bring pay-for-performance to the ‘‘(1) necessary categories of information cial Security Act, as enacted by section 402 social sector, allowing the United States to that State agencies operating programs of the Fostering Connections to Success and improve the impact and effectiveness of vital under State plans approved under this part Increasing Adoptions Act of 2008 (Public Law social services programs while redirecting are required under applicable Federal law to 110–351; 122 Stat. 3975) and amended by sec- inefficient or duplicative spending. electronically exchange with another State tion 206 of the Preventing Sex Trafficking ‘‘(7) To incorporate outcomes measure- agency; and and Strengthening Families Act (Public Law ment and randomized controlled trials or ‘‘(2) Federal reporting and data exchange 113–183; 128 Stat. 1919). In particular, the other rigorous methodologies for assessing required under applicable Federal law. Comptroller General shall analyze the extent program impact. ‘‘(b) REQUIREMENTS.—The data exchange to which States are complying with the fol- ‘‘SOCIAL IMPACT PARTNERSHIP APPLICATION standards required by paragraph (1) shall, to lowing requirements under section ‘‘SEC. 2052. (a) NOTICE.—Not later than 1 the extent practicable— 473(a)(8)(D) of the Social Security Act: year after the date of the enactment of this

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 7, 2018 subtitle, the Secretary of the Treasury, in ‘‘(2) A description of each intervention in ized controlled trials on the intervention or consultation with the Federal Interagency the project and anticipated outcomes of the similar interventions. Council on Social Impact Partnerships, shall intervention. ‘‘(23) The capacity of the service provider publish in the Federal Register a request for ‘‘(3) Rigorous evidence demonstrating that to deliver the intervention to the number of proposals from States or local governments the intervention can be expected to produce participants the State or local government for social impact partnership projects in ac- the desired outcomes. proposes to serve in the project. cordance with this section. ‘‘(4) The target population that will be ‘‘(24) A description of whether and how the served by the project. State or local government and service pro- ‘‘(b) REQUIRED OUTCOMES FOR SOCIAL IM- ‘‘(5) The expected social benefits to partici- viders plan to sustain the intervention, if it PACT PARTNERSHIP PROJECT.—To qualify as a pants who receive the intervention and oth- is timely and appropriate to do so, to ensure social impact partnership project under this ers who may be impacted. that successful interventions continue to op- subtitle, a project must produce one or more ‘‘(6) Projected Federal, State, and local erate after the period of the social impact measurable, clearly defined outcomes that government costs and other costs to conduct partnership. result in social benefit and Federal, State, or the project. ‘‘(d) PROJECT INTERMEDIARY INFORMATION local savings through any of the following: ‘‘(7) Projected Federal, State, and local REQUIRED.—The application described in sub- ‘‘(1) Increasing work and earnings by indi- government savings and other savings, in- section (c) shall also contain the following viduals in the United States who are unem- cluding an estimate of the savings to the information about any intermediary for the ployed for more than 6 consecutive months. Federal Government, on a program-by-pro- social impact partnership project (whether ‘‘(2) Increasing employment and earnings gram basis and in the aggregate, if the an intermediary is a service provider or of individuals who have attained 16 years of project is implemented and the outcomes are other entity): age but not 25 years of age. achieved as a result of the intervention. ‘‘(1) Experience and capacity for providing ‘‘(3) Increasing employment among indi- ‘‘(8) If savings resulting from the success- or facilitating the provision of the type of viduals receiving Federal disability benefits. ful completion of the project are estimated intervention proposed. ‘‘(4) Reducing the dependence of low-in- to accrue to the State or local government, ‘‘(2) The mission and goals. come families on Federal means-tested bene- the likelihood of the State or local govern- ‘‘(3) Information on whether the inter- fits. ment to realize those savings. mediary is already working with service pro- ‘‘(5) Improving rates of high school gradua- ‘‘(9) A plan for delivering the intervention viders that provide this intervention or an tion. through a social impact partnership model. explanation of the capacity of the inter- ‘‘(6) Reducing teen and unplanned preg- ‘‘(10) A description of the expertise of each mediary to begin working with service pro- nancies. service provider that will administer the viders to provide the intervention. ‘‘(7) Improving birth outcomes and early intervention, including a summary of the ex- ‘‘(4) Experience working in a collaborative childhood health and development among perience of the service provider in delivering environment across government and non- low-income families and individuals. the proposed intervention or a similar inter- governmental entities. ‘‘(8) Reducing rates of asthma, diabetes, or vention, or demonstrating that the service ‘‘(5) Previous experience collaborating other preventable diseases among low-in- provider has the expertise necessary to de- with public or private entities to implement come families and individuals to reduce the liver the proposed intervention. evidence-based programs. utilization of emergency and other high-cost ‘‘(11) An explanation of the experience of ‘‘(6) Ability to raise or provide funding to care. the State or local government, the inter- cover operating costs (if applicable to the ‘‘(9) Increasing the proportion of children mediary, or the service provider in raising project). living in two-parent families. private and philanthropic capital to fund so- ‘‘(7) Capacity and infrastructure to track cial service investments. ‘‘(10) Reducing incidences and adverse con- outcomes and measure results, including— ‘‘(12) The detailed roles and responsibilities sequences of child abuse and neglect. ‘‘(A) capacity to track and analyze pro- of each entity involved in the project, in- ‘‘(11) Reducing the number of youth in fos- gram performance and assess program im- cluding any State or local government enti- ter care by increasing adoptions, permanent pact; and ty, intermediary, service provider, inde- guardianship arrangements, reunifications, ‘‘(B) experience with performance-based pendent evaluator, investor, or other stake- or placements with a fit and willing relative, awards or performance-based contracting holder. or by avoiding placing children in foster care and achieving project milestones and tar- ‘‘(13) A summary of the experience of the by ensuring they can be cared for safely in gets. service provider in delivering the proposed their own homes. ‘‘(8) Role in delivering the intervention. ‘‘(12) Reducing the number of children and intervention or a similar intervention, or a summary demonstrating the service provider ‘‘(9) How the intermediary would monitor youth in foster care residing in group homes, program success, including a description of child care institutions, agency-operated fos- has the expertise necessary to deliver the proposed intervention. the interim benchmarks and outcome meas- ter homes, or other non-family foster homes, ures. unless it is determined that it is in the inter- ‘‘(14) A summary of the unmet need in the area where the intervention will be delivered ‘‘(e) FEASIBILITY STUDIES FUNDED THROUGH est of the child’s long-term health, safety, or OTHER SOURCES.—The notice described in psychological well-being to not be placed in or among the target population who will re- ceive the intervention. subsection (a) shall permit a State or local a family foster home. ‘‘(15) The proposed payment terms, the government to submit an application for so- ‘‘(13) Reducing the number of children re- methodology used to calculate outcome pay- cial impact partnership funding that con- turning to foster care. ments, the payment schedule, and perform- tains information from a feasibility study ‘‘(14) Reducing recidivism among juvenile ance thresholds. developed for purposes other than applying offenders, individuals released from prison, ‘‘(16) The project budget. for funding under this subtitle. or other high-risk populations. ‘‘(17) The project timeline. ‘‘AWARDING SOCIAL IMPACT PARTNERSHIP ‘‘(15) Reducing the rate of homelessness ‘‘(18) The criteria used to determine the AGREEMENTS among our most vulnerable populations. eligibility of an individual for the project, ‘‘SEC. 2053. (a) TIMELINE IN AWARDING ‘‘(16) Improving the health and well-being including how selected populations will be AGREEMENT.—Not later than 6 months after of those with mental, emotional, and behav- identified, how they will be referred to the receiving an application in accordance with ioral health needs. project, and how they will be enrolled in the section 2052, the Secretary, in consultation ‘‘(17) Improving the educational outcomes project. with the Federal Interagency Council on So- of special-needs or low-income children. ‘‘(19) The evaluation design. cial Impact Partnerships, shall determine ‘‘(18) Improving the employment and well- ‘‘(20) The metrics that will be used in the whether to enter into an agreement for a so- being of returning United States military evaluation to determine whether the out- cial impact partnership project with a State members. comes have been achieved as a result of the or local government. ‘‘(19) Increasing the financial stability of intervention and how the metrics will be ‘‘(b) CONSIDERATIONS IN AWARDING AGREE- low-income families. measured. MENT.—In determining whether to enter into ‘‘(20) Increasing the independence and em- ‘‘(21) An explanation of how the metrics an agreement for a social impact partnership ployability of individuals who are physically used in the evaluation to determine whether project (the application for which was sub- or mentally disabled. the outcomes achieved as a result of the mitted under section 2052) the Secretary, in ‘‘(21) Other measurable outcomes defined intervention are independent, objective indi- consultation with the Federal Interagency by the State or local government that result cators of impact and are not subject to ma- Council on Social Impact Partnerships and in positive social outcomes and Federal sav- nipulation by the service provider, inter- the head of any Federal agency admin- ings. mediary, or investor. istering a similar intervention or serving a ‘‘(c) APPLICATION REQUIRED.—The notice ‘‘(22) A summary explaining the independ- population similar to that served by the described in subsection (a) shall require a ence of the evaluator from the other entities project, shall consider each of the following: State or local government to submit an ap- involved in the project and the evaluator’s ‘‘(1) The recommendations made by the plication for the social impact partnership experience in conducting rigorous evalua- Commission on Social Impact Partnerships. project that addresses the following: tions of program effectiveness including, ‘‘(2) The value to the Federal Government ‘‘(1) The outcome goals of the project. where available, well-implemented random- of the outcomes expected to be achieved if

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S781 the outcomes specified in the agreement are ‘‘(2) A description of each intervention in or local government to apply for social im- achieved as a result of the intervention. the project. pact partnership funding under section 2052. ‘‘(3) The likelihood, based on evidence pro- ‘‘(3) The target population that will be ‘‘(b) FEDERAL SELECTION OF APPLICATIONS vided in the application and other evidence, served by the project. FOR FEASIBILITY STUDY.—Not later than 6 that the State or local government in col- ‘‘(4) The expected social benefits to partici- months after receiving an application for laboration with the intermediary and the pants who receive the intervention and oth- feasibility study funding under subsection service providers will achieve the outcomes. ers who may be impacted. (a), the Secretary, in consultation with the ‘‘(4) The savings to the Federal Govern- ‘‘(5) The detailed roles, responsibilities, Federal Interagency Council on Social Im- ment if the outcomes specified in the agree- and purposes of each Federal, State, or local pact Partnerships and the head of any Fed- ment are achieved as a result of the inter- government entity, intermediary, service eral agency administering a similar inter- vention. provider, independent evaluator, investor, or vention or serving a population similar to ‘‘(5) The savings to the State and local gov- other stakeholder. that served by the project, shall select State ernments if the outcomes specified in the ‘‘(6) The payment terms, the methodology or local government feasibility study pro- agreement are achieved as a result of the used to calculate outcome payments, the posals for funding based on the following: intervention. payment schedule, and performance thresh- ‘‘(1) The recommendations made by the ‘‘(6) The expected quality of the evaluation olds. Commission on Social Impact Partnerships. that would be conducted with respect to the ‘‘(7) The project budget. ‘‘(2) The likelihood that the proposal will agreement. ‘‘(8) The project timeline. achieve the desired outcomes. ‘‘(7) The capacity and commitment of the ‘‘(9) The project eligibility criteria. ‘‘(3) The value of the outcomes expected to State or local government to sustain the ‘‘(10) The evaluation design. be achieved as a result of each intervention. intervention, if appropriate and timely and ‘‘(11) The metrics that will be used in the ‘‘(4) The potential savings to the Federal if the intervention is successful, beyond the evaluation to determine whether the out- Government if the social impact partnership period of the social impact partnership. comes have been achieved as a result of each project is successful. ‘‘(c) AGREEMENT AUTHORITY.— intervention and how these metrics will be ‘‘(5) The potential savings to the State and ‘‘(1) AGREEMENT REQUIREMENTS.—In accord- measured. local governments if the project is success- ance with this section, the Secretary, in con- ‘‘(12) The estimate of the savings to the ful. sultation with the Federal Interagency Federal, State, and local government, on a ‘‘(c) PUBLIC DISCLOSURE.—Not later than 30 Council on Social Impact Partnerships and program-by-program basis and in the aggre- days after selecting a State or local govern- the head of any Federal agency admin- gate, if the agreement is entered into and ment for feasibility study funding under this istering a similar intervention or serving a implemented and the outcomes are achieved section, the Secretary shall cause to be pub- population similar to that served by the as a result of each intervention. lished on the website of the Federal Inter- project, may enter into an agreement for a ‘‘(e) AUTHORITY TO TRANSFER ADMINISTRA- agency Council on Social Impact Partner- social impact partnership project with a TION OF AGREEMENT.—The Secretary may ships information explaining why a State or State or local government if the Secretary, transfer to the head of another Federal agen- local government was granted feasibility in consultation with the Federal Interagency cy the authority to administer (including study funding. Council on Social Impact Partnerships, de- making payments under) an agreement en- ‘‘(d) FUNDING RESTRICTION.— termines that each of the following require- tered into under subsection (c), and any ‘‘(1) FEASIBILITY STUDY RESTRICTION.—The funds necessary to do so. ments are met: Secretary may not provide feasibility study ‘‘(f) REQUIREMENT ON FUNDING USED TO ‘‘(A) The State or local government agrees funding under this section for more than 50 to achieve one or more outcomes as a result BENEFIT CHILDREN.—Not less than 50 percent of all Federal payments made to carry out percent of the estimated total cost of the of the intervention, as specified in the agree- feasibility study reported in the State or ment and validated by independent evalua- agreements under this section shall be used for initiatives that directly benefit children. local government application submitted tion, in order to receive payment. under subsection (a). ‘‘(B) The Federal payment to the State or ‘‘FEASIBILITY STUDY FUNDING ‘‘(2) AGGREGATE RESTRICTION.—Of the total local government for each specified outcome ‘‘SEC. 2054. (a) REQUESTS FOR FUNDING FOR amount made available to carry out this sub- achieved as a result of the intervention is FEASIBILITY STUDIES.—The Secretary shall title, the Secretary may not use more than less than or equal to the value of the out- reserve a portion of the amount made avail- $10,000,000 to provide feasibility study fund- able to carry out this subtitle to assist come to the Federal Government over a pe- ing to States or local governments under States or local governments in developing riod not to exceed 10 years, as determined by this section. the Secretary, in consultation with the feasibility studies to apply for social impact ‘‘(3) NO GUARANTEE OF FUNDING.—The Sec- partnership funding under section 2052. To be State or local government. retary shall have the option to award no eligible to receive funding to assist with ‘‘(C) The duration of the project does not funding under this section. exceed 10 years. completing a feasibility study, a State or ‘‘(e) SUBMISSION OF FEASIBILITY STUDY RE- ‘‘(D) The State or local government has local government shall submit an applica- tion for feasibility study funding addressing QUIRED.—Not later than 9 months after the demonstrated, through the application sub- receipt of feasibility study funding under mitted under section 2052, that, based on the following: ‘‘(1) A description of the outcome goals of this section, a State or local government re- prior rigorous experimental evaluations or ceiving the funding shall complete the feasi- rigorous quasi-experimental studies, the the social impact partnership project. ‘‘(2) A description of the intervention, in- bility study and submit the study to the Fed- intervention can be expected to achieve each eral Interagency Council on Social Impact outcome specified in the agreement. cluding anticipated program design, target population, an estimate regarding the num- Partnerships. ‘‘(E) The State, local government, inter- ‘‘(f) DELEGATION OF AUTHORITY.—The Sec- mediary, or service provider has experience ber of individuals to be served, and setting for the intervention. retary may transfer to the head of another raising private or philanthropic capital to Federal agency the authorities provided in fund social service investments (if applicable ‘‘(3) Evidence to support the likelihood that the intervention will produce the de- this section and any funds necessary to exer- to the project). cise the authorities. ‘‘(F) The State or local government has sired outcomes. shown that each service provider has experi- ‘‘(4) A description of the potential metrics ‘‘EVALUATIONS ence delivering the intervention, a similar to be used. ‘‘SEC. 2055. (a) AUTHORITY TO ENTER INTO intervention, or has otherwise demonstrated ‘‘(5) The expected social benefits to partici- AGREEMENTS.—For each State or local gov- the expertise necessary to deliver the inter- pants who receive the intervention and oth- ernment awarded a social impact partnership vention. ers who may be impacted. project approved by the Secretary under this ‘‘(2) PAYMENT.—The Secretary shall pay ‘‘(6) Estimated costs to conduct the subtitle, the head of the relevant agency, as the State or local government only if the project. recommended by the Federal Interagency independent evaluator described in section ‘‘(7) Estimates of Federal, State, and local Council on Social Impact Partnerships and 2055 determines that the social impact part- government savings and other savings if the determined by the Secretary, shall enter nership project has met the requirements project is implemented and the outcomes are into an agreement with the State or local specified in the agreement and achieved an achieved as a result of each intervention. government to pay for all or part of the inde- outcome as a result of the intervention, as ‘‘(8) An estimated timeline for implemen- pendent evaluation to determine whether the specified in the agreement and validated by tation and completion of the project, which State or local government project has independent evaluation. shall not exceed 10 years. achieved a specific outcome as a result of the ‘‘(d) NOTICE OF AGREEMENT AWARD.—Not ‘‘(9) With respect to a project for which the intervention in order for the State or local later than 30 days after entering into an State or local government selects an inter- government to receive outcome payments agreement under this section the Secretary mediary to operate the project, any partner- under this subtitle. shall publish a notice in the Federal Register ships needed to successfully execute the ‘‘(b) EVALUATOR QUALIFICATIONS.—The that includes, with regard to the agreement, project and the ability of the intermediary head of the relevant agency may not enter the following: to foster the partnerships. into an agreement with a State or local gov- ‘‘(1) The outcome goals of the social im- ‘‘(10) The expected resources needed to ernment unless the head determines that the pact partnership project. complete the feasibility study for the State evaluator is independent of the other parties

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to the agreement and has demonstrated sub- ‘‘(g) DELEGATION OF AUTHORITY.—The Sec- ‘‘COMMISSION ON SOCIAL IMPACT PARTNERSHIPS stantial experience in conducting rigorous retary may transfer to the head of another ‘‘SEC. 2057. (a) ESTABLISHMENT.—There is evaluations of program effectiveness includ- Federal agency the authorities provided in established the Commission on Social Im- ing, where available and appropriate, well- this section and any funds necessary to exer- pact Partnerships (in this section referred to implemented randomized controlled trials on cise the authorities. as the ‘Commission’). the intervention or similar interventions. ‘‘(b) DUTIES.—The duties of the Commis- ‘‘(c) METHODOLOGIES TO BE USED.—The ‘‘FEDERAL INTERAGENCY COUNCIL ON SOCIAL sion shall be to— evaluation used to determine whether a IMPACT PARTNERSHIPS ‘‘(1) assist the Secretary and the Federal State or local government will receive out- Interagency Council on Social Impact Part- come payments under this subtitle shall use ‘‘SEC. 2056. (a) ESTABLISHMENT.—There is experimental designs using random assign- established the Federal Interagency Council nerships in reviewing applications for fund- ing under this subtitle; ment or other reliable, evidence-based re- on Social Impact Partnerships (in this sec- ‘‘(2) make recommendations to the Sec- search methodologies, as certified by the tion referred to as the ‘Council’) to— retary and the Federal Interagency Council Federal Interagency Council on Social Im- ‘‘(1) coordinate with the Secretary on the on Social Impact Partnerships regarding the pact Partnerships, that allow for the strong- efforts of social impact partnership projects funding of social impact partnership agree- est possible causal inferences when random funded under this subtitle; ments and feasibility studies; and assignment is not feasible. ‘‘(2) advise and assist the Secretary in the ‘‘(3) provide other assistance and informa- ‘‘(d) PROGRESS REPORT.— development and implementation of the tion as requested by the Secretary or the ‘‘(1) SUBMISSION OF REPORT.—The inde- projects; Federal Interagency Council on Social Im- pendent evaluator shall— ‘‘(3) advise the Secretary on specific pro- pact Partnerships. ‘‘(A) not later than 2 years after a project grammatic and policy matter related to the ‘‘(c) COMPOSITION.—The Commission shall has been approved by the Secretary and bi- projects; be composed of nine members, of whom— annually thereafter until the project is con- ‘‘(4) provide subject-matter expertise to ‘‘(1) one shall be appointed by the Presi- cluded, submit to the head of the relevant the Secretary with regard to the projects; dent, who will serve as the Chair of the Com- agency and the Federal Interagency Council ‘‘(5) certify to the Secretary that each mission; on Social Impact Partnerships a written re- State or local government that has entered ‘‘(2) one shall be appointed by the Majority port summarizing the progress that has been into an agreement with the Secretary for a Leader of the Senate; made in achieving each outcome specified in social impact partnership project under this ‘‘(3) one shall be appointed by the Minority the agreement; and subtitle and each evaluator selected by the Leader of the Senate; ‘‘(B) before the scheduled time of the first head of the relevant agency under section ‘‘(4) one shall be appointed by the Speaker outcome payment and before the scheduled 2055 has access to Federal administrative of the House of Representatives; time of each subsequent payment, submit to data to assist the State or local government ‘‘(5) one shall be appointed by the Minority the head of the relevant agency and the Fed- and the evaluator in evaluating the perform- Leader of the House of Representatives; eral Interagency Council on Social Impact ance and outcomes of the project; ‘‘(6) one shall be appointed by the Chair- Partnerships a written report that includes ‘‘(6) address issues that will influence the man of the Committee on Finance of the the results of the evaluation conducted to future of social impact partnership projects Senate; determine whether an outcome payment in the United States; ‘‘(7) one shall be appointed by the ranking should be made along with information on ‘‘(7) provide guidance to the executive member of the Committee on Finance of the the unique factors that contributed to branch on the future of social impact part- Senate; achieving or failing to achieve the outcome, nership projects in the United States; ‘‘(8) one member shall be appointed by the the challenges faced in attempting to ‘‘(8) prior to approval by the Secretary, Chairman of the Committee on Ways and achieve the outcome, and information on the certify that each State and local government Means of the House of Representatives; and improved future delivery of this or similar application for a social impact partnership ‘‘(9) one shall be appointed by the ranking interventions. contains rigorous, independent data and reli- member of the Committee on Ways and ‘‘(2) SUBMISSION TO THE SECRETARY AND able, evidence-based research methodologies Means of the House of Representatives. CONGRESS.—Not later than 30 days after re- to support the conclusion that the project ‘‘(d) QUALIFICATIONS OF COMMISSION MEM- ceipt of the written report pursuant to para- will yield savings to the State or local gov- BERS.—The members of the Commission graph (1)(B), the Federal Interagency Coun- ernment or the Federal Government if the shall— cil on Social Impact Partnerships shall sub- project outcomes are achieved; ‘‘(1) be experienced in finance, economics, mit the report to the Secretary and each ‘‘(9) certify to the Secretary, in the case of pay for performance, or program evaluation; committee of jurisdiction in the House of each approved social impact partnership that ‘‘(2) have relevant professional or personal Representatives and the Senate. is expected to yield savings to the Federal experience in a field related to one or more ‘‘(e) FINAL REPORT.— Government, that the project will yield a of the outcomes listed in this subtitle; or ‘‘(1) SUBMISSION OF REPORT.—Within 6 projected savings to the Federal Government ‘‘(3) be qualified to review applications for months after the social impact partnership if the project outcomes are achieved, and co- social impact partnership projects to deter- project is completed, the independent eval- ordinate with the relevant Federal agency to mine whether the proposed metrics and eval- uator shall— produce an after-action accounting once the uation methodologies are appropriately rig- ‘‘(A) evaluate the effects of the activities project is complete to determine the actual orous and reliant upon independent data and undertaken pursuant to the agreement with Federal savings realized, and the extent to evidence-based research. regard to each outcome specified in the which actual savings aligned with projected ‘‘(e) TIMING OF APPOINTMENTS.—The ap- agreement; and savings; and pointments of the members of the Commis- ‘‘(B) submit to the head of the relevant ‘‘(10) provide periodic reports to the Sec- sion shall be made not later than 120 days agency and the Federal Interagency Council retary and make available reports periodi- after the date of the enactment of this sub- on Social Impact Partnerships a written re- cally to Congress and the public on the im- title, or, in the event of a vacancy, not later port that includes the results of the evalua- plementation of this subtitle. tion and the conclusion of the evaluator as than 90 days after the date the vacancy to whether the State or local government ‘‘(b) COMPOSITION OF COUNCIL.—The Council arises. If a member of Congress fails to ap- has fulfilled each obligation of the agree- shall have 11 members, as follows: point a member by that date, the President ment, along with information on the unique ‘‘(1) CHAIR.—The Chair of the Council shall may select a member of the President’s factors that contributed to the success or be the Director of the Office of Management choice on behalf of the member of Congress. failure of the project, the challenges faced in and Budget. Notwithstanding the preceding sentence, if attempting to achieve the outcome, and in- ‘‘(2) OTHER MEMBERS.—The head of each of not all appointments have been made to the formation on the improved future delivery of the following entities shall designate one of- Commission as of that date, the Commission this or similar interventions. ficer or employee of the entity to be a Coun- may operate with no fewer than five mem- ‘‘(2) SUBMISSION TO THE SECRETARY AND cil member: bers until all appointments have been made. CONGRESS.—Not later than 30 days after re- ‘‘(A) The Department of Labor. ‘‘(f) TERM OF APPOINTMENTS.— ceipt of the written report pursuant to para- ‘‘(B) The Department of Health and Human ‘‘(1) IN GENERAL.—The members appointed graph (1)(B), the Federal Interagency Coun- Services. under subsection (c) shall serve as follows: cil on Social Impact Partnerships shall sub- ‘‘(C) The Social Security Administration. ‘‘(A) Three members shall serve for 2 years. mit the report to the Secretary and each ‘‘(D) The Department of Agriculture. ‘‘(B) Three members shall serve for 3 years. committee of jurisdiction in the House of ‘‘(E) The Department of Justice. ‘‘(C) Three members (one of which shall be Representatives and the Senate. ‘‘(F) The Department of Housing and Chair of the Commission appointed by the ‘‘(f) LIMITATION ON COST OF EVALUATIONS.— Urban Development. President) shall serve for 4 years. Of the amount made available under this ‘‘(G) The Department of Education. ‘‘(2) ASSIGNMENT OF TERMS.—The Commis- subtitle for social impact partnership ‘‘(H) The Department of Veterans Affairs. sion shall designate the term length that projects, the Secretary may not obligate ‘‘(I) The Department of the Treasury. each member appointed under subsection (c) more than 15 percent to evaluate the imple- ‘‘(J) The Corporation for National and shall serve by unanimous agreement. In the mentation and outcomes of the projects. Community Service. event that unanimous agreement cannot be

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S783 reached, term lengths shall be assigned to ‘‘(5) An estimate of the savings to the Fed- graphs (A) through (E) and moving the mar- the members by a random process. eral, State, and local government, on a pro- gin of each of such redesignated subpara- ‘‘(g) VACANCIES.—Subject to subsection (e), gram-by-program basis and in the aggregate, graph 2 ems to the left; in the event of a vacancy in the Commission, resulting from the successful completion of (4) by striking subsection (d) and inserting whether due to the resignation of a member, the social impact partnership project. the following: MPROVING UALITY OF ARE the expiration of a member’s term, or any ‘‘REGULATIONS ‘‘(d) I Q C .— other reason, the vacancy shall be filled in ‘‘(1) SUPPLEMENTAL AWARDS.—The Sec- ‘‘SEC. 2062. The Secretary, in consultation the manner in which the original appoint- retary may award supplemental grant funds with the Federal Interagency Council on So- ment was made and shall not affect the pow- to health centers funded under this section cial Impact Partnerships, may issue regula- ers of the Commission. to implement evidence-based models for in- tions as necessary to carry out this subtitle. ‘‘(h) APPOINTMENT POWER.—Members of the creasing access to high-quality primary care Commission appointed under subsection (c) ‘‘DEFINITIONS services, which may include models related shall not be subject to confirmation by the ‘‘SEC. 2063. In this subtitle: to— Senate. ‘‘(1) AGENCY.—The term ‘agency’ has the ‘‘(A) improving the delivery of care for in- ‘‘LIMITATION ON USE OF FUNDS meaning given that term in section 551 of dividuals with multiple chronic conditions; ‘‘(B) workforce configuration; ‘‘SEC. 2058. Of the amounts made available title 5, United States Code. ‘‘(C) reducing the cost of care; to carry out this subtitle, the Secretary may ‘‘(2) INTERVENTION.—The term ‘interven- ‘‘(D) enhancing care coordination; not use more than $2,000,000 in any fiscal tion’ means a specific service delivered to ‘‘(E) expanding the use of telehealth and year to support the review, approval, and achieve an impact through a social impact technology-enabled collaborative learning oversight of social impact partnership partnership project. and capacity building models; projects, including activities conducted by— ‘‘(3) SECRETARY.—The term ‘Secretary’ ‘‘(F) care integration, including integra- ‘‘(1) the Federal Interagency Council on means the Secretary of the Treasury. tion of behavioral health, mental health, or Social Impact Partnerships; and ‘‘(4) SOCIAL IMPACT PARTNERSHIP PROJECT.— The term ‘social impact partnership project’ substance use disorder services; and ‘‘(2) any other agency consulted by the ‘‘(G) addressing emerging public health or Secretary before approving a social impact means a project that finances social services using a social impact partnership model. substance use disorder issues to meet the partnership project or a feasibility study health needs of the population served by the under section 2054. ‘‘(5) SOCIAL IMPACT PARTNERSHIP MODEL.— The term ‘social impact partnership model’ health center. ‘‘NO FEDERAL FUNDING FOR CREDIT means a method of financing social services ‘‘(2) SUSTAINABILITY.—In making supple- ENHANCEMENTS in which— mental awards under this subsection, the ‘‘SEC. 2059. No amount made available to ‘‘(A) Federal funds are awarded to a State Secretary may consider whether the health carry out this subtitle may be used to pro- or local government only if a State or local center involved has submitted a plan for con- vide any insurance, guarantee, or other cred- government achieves certain outcomes tinuing the activities funded under this sub- it enhancement to a State or local govern- agreed on by the State or local government section after supplemental funding is ex- ment under which a Federal payment would and the Secretary; and pended. be made to a State or local government as ‘‘(B) the State or local government coordi- ‘‘(3) SPECIAL CONSIDERATION.—The Sec- the result of a State or local government nates with service providers, investors (if ap- retary may give special consideration to ap- failing to achieve an outcome specified in an plicable to the project), and (if necessary) an plications for supplemental funding under agreement. intermediary to identify— this subsection that seek to address signifi- ‘‘AVAILABILITY OF FUNDS ‘‘(i) an intervention expected to produce cant barriers to access to care in areas with a greater shortage of health care providers ‘‘SEC. 2060. Amounts made available to the outcome; and health services relative to the national carry out this subtitle shall remain available ‘‘(ii) a service provider to deliver the inter- average.’’; until 10 years after the date of the enact- vention to the target population; and (5) in subsection (e)(1)— ment of this subtitle. ‘‘(iii) investors to fund the delivery of the (A) in subparagraph (B)— intervention. ‘‘WEBSITE (i) by striking ‘‘2 years’’ and inserting ‘‘1 ‘‘(6) STATE.—The term ‘State’ means each ‘‘SEC. 2061. The Federal Interagency Coun- year’’; and State of the United States, the District of cil on Social Impact Partnerships shall es- (ii) by adding at the end the following: Columbia, each commonwealth, territory or tablish and maintain a public website that ‘‘The Secretary shall not make a grant under possession of the United States, and each shall display the following: this paragraph unless the applicant provides federally recognized Indian tribe. ‘‘(1) A copy of, or method of accessing, assurances to the Secretary that within 120 each notice published regarding a social im- ‘‘FUNDING days of receiving grant funding for the oper- pact partnership project pursuant to this ‘‘SEC. 2064. Out of any money in the Treas- ation of the health center, the applicant will subtitle. ury of the United States not otherwise ap- submit, for approval by the Secretary, an ‘‘(2) A copy of each feasibility study funded propriated, there is hereby appropriated implementation plan to meet the require- under this subtitle. $100,000,000 for fiscal year 2018 to carry out ments of subsection (k)(3). The Secretary ‘‘(3) For each State or local government this subtitle.’’. may extend such 120-day period for achieving that has entered into an agreement with the TITLE IX—PUBLIC HEALTH PROGRAMS compliance upon a demonstration of good Secretary for a social impact partnership cause by the health center.’’; and SEC. 50901. EXTENSION FOR COMMUNITY project, the website shall contain the fol- HEALTH CENTERS, THE NATIONAL (B) in subparagraph (C)— lowing information: HEALTH SERVICE CORPS, AND (i) in the subparagraph heading, by strik- ‘‘(A) The outcome goals of the project. TEACHING HEALTH CENTERS THAT ing ‘‘AND PLANS’’; ‘‘(B) A description of each intervention in OPERATE GME PROGRAMS. (ii) by striking ‘‘or plan (as described in the project. (a) COMMUNITY HEALTH CENTERS FUND- subparagraphs (B) and (C) of subsection ‘‘(C) The target population that will be ING.—Section 10503(b)(1)(F) of the Patient (c)(1))’’; served by the project. Protection and Affordable Care Act (42 (iii) by striking ‘‘or plan, including the ‘‘(D) The expected social benefits to par- U.S.C. 254b–2(b)(1)(F)), as amended by section purchase’’ and inserting the following: ‘‘in- ticipants who receive the intervention and 3101 of Public Law 115-96, is amended to read cluding— others who may be impacted. as follows: ‘‘(i) the purchase’’; ‘‘(E) The detailed roles, responsibilities, ‘‘(F) $3,800,000,000 for fiscal year 2018 and (iv) by inserting ‘‘, which may include data and purposes of each Federal, State, or local $4,000,000,000 for fiscal year 2019.’’. and information systems’’ after ‘‘of equip- government entity, intermediary, service (b) OTHER COMMUNITY HEALTH CENTERS ment’’; provider, independent evaluator, investor, or PROVISIONS.—Section 330 of the Public (v) by striking the period at the end and other stakeholder. Health Service Act (42 U.S.C. 254b) is amend- inserting a semicolon; and ‘‘(F) The payment terms, methodology ed— (vi) by adding at the end the following: used to calculate outcome payments, the (1) in subsection (b)(1)(A)(ii), by striking ‘‘(ii) the provision of training and tech- payment schedule, and performance thresh- ‘‘abuse’’ and inserting ‘‘use disorder’’; nical assistance; and olds. (2) in subsection (b)(2)(A), by striking ‘‘(iii) other activities that— ‘‘(G) The project budget. ‘‘abuse’’ and inserting ‘‘use disorder’’; ‘‘(I) reduce costs associated with the provi- ‘‘(H) The project timeline. (3) in subsection (c)— sion of health services; ‘‘(I) The project eligibility criteria. (A) in paragraph (1), by striking subpara- ‘‘(II) improve access to, and availability of, ‘‘(J) The evaluation design. graphs (B) through (D); health services provided to individuals ‘‘(K) The metrics used to determine wheth- (B) by striking ‘‘(1) IN GENERAL’’ and all served by the centers; er the proposed outcomes have been achieved that follows through ‘‘The Secretary’’ and ‘‘(III) enhance the quality and coordination and how these metrics are measured. inserting the following: of health services; or ‘‘(4) A copy of the progress reports and the ‘‘(1) CENTERS.—The Secretary’’; and ‘‘(IV) improve the health status of commu- final reports relating to each social impact (C) in paragraph (1), as amended, by redes- nities.’’; partnership project. ignating clauses (i) through (v) as subpara- (6) in subsection (e)(5)(B)—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) in the heading of subparagraph (B), by (II) by striking ‘‘abuse’’ and inserting ‘‘use ‘‘(C) the distribution of awards and funding striking ‘‘AND PLANS’’; and disorder’’; for new or expanded services in each of rural (B) by striking ‘‘and subparagraphs (B) and (9) in subsection (k)— areas and urban areas; (C) of subsection (c)(1) to a health center or (A) in paragraph (2)— ‘‘(D) the distribution of awards and funding to a network or plan’’ and inserting ‘‘to a (i) in the paragraph heading, by inserting for establishing new access points, and the health center or to a network’’; ‘‘UNMET’’ before ‘‘NEED’’; number of new access points created; (7) in subsection (e), by adding at the end (ii) in the matter preceding subparagraph ‘‘(E) the amount of unexpended funding for the following: (A), by inserting ‘‘or subsection (e)(6)’’ after loan guarantees and loan guarantee author- ‘‘(6) NEW ACCESS POINTS AND EXPANDED ‘‘subsection (e)(1)’’; ity under title XVI; SERVICES.— (iii) in subparagraph (A), by inserting ‘‘(F) the rationale for any substantial ‘‘(A) APPROVAL OF NEW ACCESS POINTS.— ‘‘unmet’’ before ‘‘need for health services’’; changes in the distribution of funds; ‘‘(i) IN GENERAL.—The Secretary may ap- (iv) in subparagraph (B), by striking ‘‘and’’ ‘‘(G) the rate of closures for health centers prove applications for grants under subpara- at the end; and access points; graph (A) or (B) of paragraph (1) to establish (v) in subparagraph (C), by striking the pe- ‘‘(H) the number and reason for any grants new delivery sites. riod at the end and inserting ‘‘; and’’; and awarded pursuant to subsection (e)(1)(B); and (vi) by adding after subparagraph (C) the ‘‘(ii) SPECIAL CONSIDERATION.—In carrying ‘‘(I) the number and reason for any waivers out clause (i), the Secretary may give special following: provided pursuant to subsection (q)(4).’’; consideration to applicants that have dem- ‘‘(D) in the case of an application for a (13) in subsection (r), by adding at the end grant pursuant to subsection (e)(6), a dem- onstrated the new delivery site will be lo- the following new paragraph: onstration that the applicant has consulted cated within a sparsely populated area, or an ‘‘(5) FUNDING FOR PARTICIPATION OF HEALTH with appropriate State and local government area which has a level of unmet need that is CENTERS IN ALL OF US RESEARCH PROGRAM.— agencies, and health care providers regarding higher relative to other applicants. In addition to any amounts made available the need for the health services to be pro- ‘‘(iii) CONSIDERATION OF APPLICATIONS.—In pursuant to paragraph (1) of this subsection, vided at the proposed delivery site.’’; carrying out clause (i), the Secretary shall section 402A of this Act, or section 10503 of (B) in paragraph (3)— approve applications for grants in such a the Patient Protection and Affordable Care (i) in the matter preceding subparagraph Act, there is authorized to be appropriated, manner that the ratio of the medically un- (A), by inserting ‘‘or subsection (e)(6)’’ after derserved populations in rural areas which and there is appropriated, out of any monies ‘‘subsection (e)(1)(B)’’; in the Treasury not otherwise appropriated, may be expected to use the services provided (ii) in subparagraph (B), by striking ‘‘in by the applicants involved to the medically to the Secretary $25,000,000 for fiscal year the catchment area of the center’’ and in- 2018 to support the participation of health underserved populations in urban areas serting ‘‘, including other health care pro- which may be expected to use the services centers in the All of Us Research Program viders that provide care within the under the Precision Medicine Initiative provided by the applicants is not less than catchment area, local hospitals, and spe- two to three or greater than three to two. under section 498E of this Act.’’; and cialty providers in the catchment area of the (14) by striking subsection (s). ‘‘(iv) SERVICE AREA OVERLAP.—If in car- center, to provide access to services not (c) NATIONAL HEALTH SERVICE CORPS.—Sec- rying out clause (i) the applicant proposes to available through the health center and to tion 10503(b)(2)(F) of the Patient Protection serve an area that is currently served by an- reduce the non-urgent use of hospital emer- and Affordable Care Act (42 U.S.C. 254b– other health center funded under this sec- gency departments’’; 2(b)(2)(F)), as amended by section 3101 of tion, the Secretary may consider whether (iii) in subparagraph (H)(ii), by inserting the award of funding to an additional health ‘‘who shall be directly employed by the cen- Public Law 115-96, is amended to read as fol- center in the area can be justified based on ter’’ after ‘‘approves the selection of a direc- lows: the unmet need for additional services with- tor for the center’’; ‘‘(F) $310,000,000 for each of fiscal years 2018 in the catchment area. (iv) in subparagraph (L), by striking ‘‘and’’ and 2019.’’. ‘‘(B) APPROVAL OF EXPANDED SERVICE AP- at the end; (d) TEACHING HEALTH CENTERS THAT OPER- PLICATIONS.— (v) in subparagraph (M), by striking the pe- ATE GRADUATE MEDICAL EDUCATION PRO- ‘‘(i) IN GENERAL.—The Secretary may ap- riod and inserting ‘‘; and’’; and GRAMS.— prove applications for grants under subpara- (vi) by inserting after subparagraph (M), (1) PAYMENTS.—Subsection (a) of section graph (A) or (B) of paragraph (1) to expand the following: 340H of the Public Health Service Act (42 the capacity of the applicant to provide re- ‘‘(N) the center has written policies and U.S.C. 256h) is amended to read as follows: quired primary health services described in procedures in place to ensure the appropriate ‘‘(a) PAYMENTS.— subsection (b)(1) or additional health serv- use of Federal funds in compliance with ap- ‘‘(1) IN GENERAL.—Subject to subsection ices described in subsection (b)(2). plicable Federal statutes, regulations, and (h)(2), the Secretary shall make payments ‘‘(ii) PRIORITY EXPANSION PROJECTS.—In the terms and conditions of the Federal under this section for direct expenses and in- carrying out clause (i), the Secretary may award.’’; and direct expenses to qualified teaching health give special consideration to expanded serv- (C) by striking paragraph (4); centers that are listed as sponsoring institu- ice applications that seek to address emerg- (10) in subsection (l), by adding at the end tions by the relevant accrediting body for, as ing public health or behavioral health, men- the following: ‘‘Funds expended to carry out appropriate— tal health, or substance abuse issues through activities under this subsection and oper- ‘‘(A) maintenance of filled positions at ex- increasing the availability of additional ational support activities under subsection isting approved graduate medical residency health services described in subsection (b)(2) (m) shall not exceed 3 percent of the amount training programs; in an area in which there are significant bar- appropriated for this section for the fiscal ‘‘(B) expansion of existing approved grad- riers to accessing care. year involved.’’; uate medical residency training programs; ‘‘(iii) CONSIDERATION OF APPLICATIONS.—In (11) in subsection (q)(4), by adding at the and carrying out clause (i), the Secretary shall end the following: ‘‘A waiver provided by the ‘‘(C) establishment of new approved grad- approve applications for grants in such a Secretary under this paragraph may not re- uate medical residency training programs. manner that the ratio of the medically un- main in effect for more than 1 year and may ‘‘(2) PER RESIDENT AMOUNT.—In making derserved populations in rural areas which not be extended after such period. An entity payments under paragraph (1), the Secretary may be expected to use the services provided may not receive more than one waiver under shall consider the cost of training residents by the applicants involved to the medically this paragraph in consecutive years.’’; at teaching health centers and the implica- underserved populations in urban areas (12) in subsection (r)(3)— tions of the per resident amount on approved which may be expected to use the services (A) by striking ‘‘appropriate committees of graduate medical residency training pro- provided by such applicants is not less than Congress a report concerning the distribu- grams at teaching health centers. two to three or greater than three to two.’’; tion of funds under this section’’ and insert- ‘‘(3) PRIORITY.—In making payments under (8) in subsection (h)— ing the following: ‘‘Committee on Health, paragraph (1)(C), the Secretary shall give (A) in paragraph (1), by striking ‘‘and chil- Education, Labor, and Pensions of the Sen- priority to qualified teaching health centers dren and youth at risk of homelessness’’ and ate, and the Committee on Energy and Com- that— inserting ‘‘, children and youth at risk of merce of the House of Representatives, a re- ‘‘(A) serve a health professional shortage homelessness, homeless veterans, and vet- port including, at a minimum— area with a designation in effect under sec- erans at risk of homelessness’’; and ‘‘(A) the distribution of funds for carrying tion 332 or a medically underserved commu- (B) in paragraph (5)— out this section’’; nity (as defined in section 799B); or (i) by striking subparagraph (B); (B) by striking ‘‘populations. Such report ‘‘(B) are located in a rural area (as defined (ii) by redesignating subparagraph (C) as shall include an assessment’’ and inserting in section 1886(d)(2)(D) of the Social Security subparagraph (B); and the following: ‘‘populations; Act).’’. (iii) in subparagraph (B) (as so redesig- ‘‘(B) an assessment’’; (2) FUNDING.—Paragraph (1) of section nated)— (C) by striking ‘‘and the rationale for any 340H(g) of the Public Health Service Act (42 (I) in the subparagraph heading, by strik- substantial changes in the distribution of U.S.C. 256h(g)), as amended by section 3101 of ing ‘‘ABUSE’’ and inserting ‘‘USE DISORDER’’; funds.’’ and inserting a semicolon; and Public Law 115-96, is amended by striking and (D) by adding at the end the following: ‘‘and $30,000,000 for the period of the first and

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second quarters of fiscal year 2018,’’ and in- Funding Extension Act’’ and inserting ‘‘and ‘‘(ii) PERMANENT ADJUSTMENTS.—The Sec- serting ‘‘and $126,500,000 for each of fiscal section 50901(e) of the Advancing Chronic retary shall, at a time and in a manner de- years 2018 and 2019,’’. Care, Extenders, and Social Services Act’’. termined appropriate, through notice and (3) ANNUAL REPORTING.—Subsection (h)(1) SEC. 50902. EXTENSION FOR SPECIAL DIABETES comment rulemaking, provide for one or of section 340H of the Public Health Service PROGRAMS. more permanent increases or decreases to Act (42 U.S.C. 256h) is amended— (a) SPECIAL DIABETES PROGRAM FOR TYPE I the standard prospective payment amount (A) by redesignating subparagraph (D) as DIABETES.—Section 330B(b)(2)(D) of the Pub- (or amounts) for applicable years, on a pro- subparagraph (H); and lic Health Service Act (42 U.S.C. 254c– spective basis, to offset for such increases or (B) by inserting after subparagraph (C) the 2(b)(2)(D)), as amended by section 3102 of decreases in estimated aggregate expendi- following: Public Law 115-96, is amended to read as fol- tures (as determined under clause (i)). ‘‘(D) The number of patients treated by lows: ‘‘(iii) TEMPORARY ADJUSTMENTS FOR RETRO- residents described in paragraph (4). ‘‘(D) $150,000,000 for each of fiscal years 2018 SPECTIVE BEHAVIOR.—The Secretary shall, at ‘‘(E) The number of visits by patients and 2019, to remain available until ex- a time and in a manner determined appro- treated by residents described in paragraph pended.’’. priate, through notice and comment rule- (4). (b) SPECIAL DIABETES PROGRAM FOR INDI- making, provide for one or more temporary ‘‘(F) Of the number of residents described ANS.—Subparagraph (D) of section 330C(c)(2) increases or decreases to the payment in paragraph (4) who completed their resi- of the Public Health Service Act (42 U.S.C. amount for a unit of home health services dency training at the end of such residency 254c–3(c)(2)), as amended by section 3102 of (as determined under paragraph (4)) for ap- academic year, the number and percentage Public Law 115-96, is amended to read as fol- plicable years, on a prospective basis, to off- of such residents entering primary care prac- lows: set for such increases or decreases in esti- tice (meaning any of the areas of practice ‘‘(D) $150,000,000 for each of fiscal years 2018 mated aggregate expenditures (as deter- listed in the definition of a primary care and 2019, to remain available until ex- mined under clause (i)). Such a temporary residency program in section 749A). pended.’’. increase or decrease shall apply only with re- ‘‘(G) Of the number of residents described TITLE X—MISCELLANEOUS HEALTH CARE spect to the year for which such temporary in paragraph (4) who completed their resi- POLICIES increase or decrease is made, and the Sec- dency training at the end of such residency retary shall not take into account such a academic year, the number and percentage SEC. 51001. HOME HEALTH PAYMENT REFORM. (a) BUDGET NEUTRAL TRANSITION TO A 30- temporary increase or decrease in computing of such residents who entered practice at a DAY UNIT OF PAYMENT FOR HOME HEALTH such amount under this subsection for a sub- health care facility— SERVICES.—Section 1895(b) of the Social Se- sequent year.’’; and ‘‘(i) primarily serving a health professional curity Act (42 U.S.C. 1395fff(b)) is amended— (3) in paragraph (4)(B)— shortage area with a designation in effect (1) in paragraph (2)— (A) by striking ‘‘FACTORS.—The Secretary’’ under section 332 or a medically underserved (A) by striking ‘‘PAYMENT.—In defining’’ and inserting ‘‘FACTORS.— community (as defined in section 799B); or and inserting ‘‘PAYMENT.— ‘‘(i) IN GENERAL.—The Secretary’’; and ‘‘(ii) located in a rural area (as defined in ‘‘(A) IN GENERAL.—In defining’’; and (B) by adding at the end the following new section 1886(d)(2)(D) of the Social Security (B) by adding at the end the following new clause: Act).’’. subparagraph: ‘‘(ii) TREATMENT OF THERAPY THRESH- (4) REPORT ON TRAINING COSTS.—Not later ‘‘(B) 30-DAY UNIT OF SERVICE.—For purposes OLDS.—For 2020 and subsequent years, the than March 31, 2019, the Secretary of Health of implementing the prospective payment Secretary shall eliminate the use of therapy and Human Services shall submit to the Con- system with respect to home health units of thresholds (established by the Secretary) in gress a report on the direct graduate ex- service furnished during a year beginning case mix adjustment factors established penses of approved graduate medical resi- with 2020, the Secretary shall apply a 30-day under clause (i) for calculating payments dency training programs, and the indirect unit of service as the unit of service applied under the prospective payment system under expenses associated with the additional costs under this paragraph.’’; this subsection.’’. of teaching residents, of qualified teaching (2) in paragraph (3)— (b) TECHNICAL EXPERT PANEL.— health centers (as such terms are used or de- (A) in subparagraph (A), by adding at the (1) IN GENERAL.—During the period begin- fined in section 340H of the Public Health end the following new clause: ning on January 1, 2018, and ending on De- Service Act (42 U.S.C. 256h)). ‘‘(iv) BUDGET NEUTRALITY FOR 2020.—With cember 31, 2018, the Secretary of Health and (5) DEFINITION.—Subsection (j) of section respect to payments for home health units of Human Services shall hold at least one ses- 340H of the Public Health Service Act (42 service furnished that end during the 12- sion of a technical expert panel, the partici- U.S.C. 256h) is amended— month period beginning January 1, 2020, the pants of which shall include home health (A) by redesignating paragraphs (2) and (3) Secretary shall calculate a standard prospec- providers, patient representatives, and other as paragraphs (3) and (4), respectively; and tive payment amount (or amounts) for 30- relevant stakeholders. The technical expert (B) by inserting after paragraph (1) the fol- day units of service (as described in para- panel shall identify and prioritize rec- lowing: graph (2)(B)) for the prospective payment ommendations with respect to the prospec- ‘‘(2) NEW APPROVED GRADUATE MEDICAL system under this subsection. Such standard tive payment system for home health serv- RESIDENCY TRAINING PROGRAM.—The term prospective payment amount (or amounts) ices under section 1895(b) of the Social Secu- ‘new approved graduate medical residency shall be calculated in a manner such that the rity Act (42 U.S.C. 1395fff(b)), on the fol- training program’ means an approved grad- estimated aggregate amount of expenditures lowing: uate medical residency training program for under the system during such period with ap- (A) The Home Health Groupings Model, as which the sponsoring qualified teaching plication of paragraph (2)(B) is equal to the described in the proposed rule ‘‘Medicare and health center has not received a payment estimated aggregate amount of expenditures Medicaid Programs; CY 2018 Home Health under this section for a previous fiscal year that otherwise would have been made under Prospective Payment System Rate Update (other than pursuant to subsection the system during such period if paragraph and Proposed CY 2019 Case-Mix Adjustment (a)(1)(C)).’’. (2)(B) had not been enacted. The previous Methodology Refinements; Home Health (6) TECHNICAL CORRECTION.—Subsection (f) sentence shall be applied before (and not af- Value-Based Purchasing Model; and Home of section 340H (42 U.S.C. 256h) is amended by fect the application of) paragraph (3)(B). In Health Quality Reporting Requirements’’ (82 striking ‘‘hospital’’ each place it appears and calculating such amount (or amounts), the Fed. Reg. 35294 through 35332 (July 28, 2017)). inserting ‘‘teaching health center’’. Secretary shall make assumptions about be- (B) Alternative case-mix models to the (7) PAYMENTS FOR PREVIOUS FISCAL havior changes that could occur as a result Home Health Groupings Model that were YEARS.—The provisions of section 340H of the of the implementation of paragraph (2)(B) submitted during 2017 as comments in re- Public Health Service Act (42 U.S.C. 256h), as and the case-mix adjustment factors estab- sponse to proposed rule making, including in effect on the day before the date of enact- lished under paragraph (4)(B) and shall pro- patient-focused factors that consider the ment of Public Law 115-96, shall continue to vide a description of such assumptions in the risks of hospitalization and readmission to a apply with respect to payments under such notice and comment rulemaking used to im- hospital, improvement or maintenance of section for fiscal years before fiscal year plement this clause.’’; and functionality of individuals to increase the 2018. (e) APPLICATION.—Amounts appropriated (B) by adding at the end the following new capacity for self-care, quality of care, and re- pursuant to this section for fiscal year 2018 subparagraph: source utilization. or 2019 are subject to the requirements con- ‘‘(D) BEHAVIOR ASSUMPTIONS AND ADJUST- (2) INAPPLICABILITY OF FACA.—The provi- tained in Public Law 115–31 for funds for pro- MENTS.— sions of the Federal Advisory Committee Act grams authorized under sections 330 through ‘‘(i) IN GENERAL.—The Secretary shall an- (5 U.S.C. App.) shall not apply to the tech- 340 of the Public Health Service Act (42 nually determine the impact of differences nical expert panel under paragraph (1). U.S.C. 254b–256). between assumed behavior changes (as de- (3) REPORT.—Not later than April 1, 2019, (f) CONFORMING AMENDMENTS.—Paragraph scribed in paragraph (3)(A)(iv)) and actual the Secretary of Health and Human Services (4) of section 3014(h) of title 18, United States behavior changes on estimated aggregate ex- shall submit to the Committee on Ways and Code, as amended by section 3101 of Public penditures under this subsection with re- Means and the Committee on Energy and Law 115-96, is amended by striking ‘‘and sec- spect to years beginning with 2020 and end- Commerce of the House of Representatives tion 3101(d) of the CHIP and Public Health ing with 2026. and the Committee on Finance of the Senate

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE February 7, 2018 a report on the recommendations of such ‘‘(aa) for performance periods beginning (II) in the first sentence, by striking ‘‘two panel described in such paragraph. before January 1, 2018, individuals enrolled years’’ and inserting ‘‘five years’’; and (4) NOTICE AND COMMENT RULEMAKING.—Not under this part who are treated by the eligi- (iv) by adding at the end the following new later than December 31, 2019, the Secretary ble professional for the performance period clause: of Health and Human Services shall pursue involved; and ‘‘(iv) ADDITIONAL SPECIAL RULE FOR THIRD, notice and comment rulemaking on a case- ‘‘(bb) for performance periods beginning on FOURTH AND FIFTH YEARS OF MIPS.—For pur- mix system with respect to the prospective or after January 1, 2018, individuals enrolled poses of determining MIPS adjustment fac- payment system for home health services under this part who are furnished covered tors under subparagraph (A), in addition to under section 1895(b) of the Social Security professional services (as defined in sub- the requirements specified in clause (iii), the Act (42 U.S.C. 1395fff(b)). section (k)(3)(A)) by the eligible professional Secretary shall increase the performance (c) REPORTS.— for the performance period involved.’’; threshold with respect to each of the third, (1) INTERIM REPORT.—Not later than March (II) in subclause (II), by striking ‘‘items fourth, and fifth years to which the MIPS ap- 15, 2022, the Medicare Payment Advisory and services’’ and inserting ‘‘covered profes- plies to ensure a gradual and incremental Commission shall submit to Congress an in- sional services (as defined in subsection transition to the performance threshold de- terim report on the application of a 30-day (k)(3)(A))’’; and scribed in clause (i) (as estimated by the Sec- unit of service as the unit of service applied (III) by amending subclause (III) to read as retary) with respect to the sixth year to under section 1895(b)(2) of the Social Secu- follows: which the MIPS applies.’’; rity Act (42 U.S.C. 1395fff(b)(2)), as amended ‘‘(III) The minimum amount (as deter- (E) in paragraph (6)(E)— (i) by striking ‘‘In the case of items and by subsection (a), including an analysis of mined by the Secretary) of— services’’ and inserting ‘‘In the case of cov- the level of payments provided to home ‘‘(aa) for performance periods beginning ered professional services (as defined in sub- health agencies as compared to the cost of before January 1, 2018, allowed charges billed section (k)(3)(A))’’; and delivering home health services, and any un- by such professional under this part for such (ii) by striking ‘‘under this part with re- intended consequences, including with re- performance period; and spect to such items and services’’ and insert- spect to behavioral changes and quality. ‘‘(bb) for performance periods beginning on ing ‘‘under this part with respect to such (2) FINAL REPORT.—Not later than March or after January 1, 2018, allowed charges for covered professional services’’; and 15, 2026, such Commission shall submit to covered professional services (as defined in (F) in paragraph (7), in the first sentence, Congress a final report on such application subsection (k)(3)(A)) billed by such profes- by striking ‘‘items and services’’ and insert- and any such consequences. sional for such performance period.’’; ing ‘‘covered professional services (as defined SEC. 51002. INFORMATION TO SATISFY DOCU- (B) in paragraph (5)(D)— in subsection (k)(3)(A))’’; MENTATION OF MEDICARE ELIGI- (i) in clause (i)(I), by inserting ‘‘subject to BILITY FOR HOME HEALTH SERV- (2) in subsection (r)(2), by adding at the end clause (iii),’’ after ‘‘clauses (i) and (ii) of ICES. the following new subparagraph: paragraph (2)(A),’’; and (a) PART A.—Section 1814(a) of the Social ‘‘(I) INFORMATION.—The Secretary shall, (ii) by adding at the end the following new Security Act (42 U.S.C. 1395f(a)) is amended not later than December 31st of each year clause: by inserting before ‘‘For purposes of para- (beginning with 2018), post on the Internet ‘‘(iii) TRANSITION YEARS.—For each of the graph (2)(C),’’ the following new sentence: website of the Centers for Medicare & Med- second, third, fourth, and fifth years for ‘‘For purposes of documentation for physi- icaid Services information on resource use which the MIPS applies to payments, the cian certification and recertification made measures in use under subsection (q), re- performance score for the performance cat- under paragraph (2) on or after January 1, source use measures under development and egory described in paragraph (2)(A)(ii) shall 2019, and made with respect to home health the time-frame for such development, poten- not take into account the improvement of services furnished by a home health agency, tial future resource use measure topics, a de- the professional involved.’’; in addition to using documentation in the scription of stakeholder engagement, and the (C) in paragraph (5)(E)— medical record of the physician who so cer- percent of expenditures under part A and (i) in clause (i)(I)(bb)— tifies or the medical record of the acute or this part that are covered by resource use (I) in the heading by striking ‘‘FIRST 2 post-acute care facility (in the case that measures.’’; and YEARS’’ and inserting ‘‘FIRST 5 YEARS’’; and home health services were furnished to an (3) in subsection (s)(5)(B), by striking ‘‘sec- (II) by striking ‘‘the first and second individual who was directly admitted to the tion 1833(z)(2)(C)’’ and inserting ‘‘section years’’ and inserting ‘‘each of the first home health agency from such a facility), 1833(z)(3)(D)’’. through fifth years’’; the Secretary may use documentation in the (b) PHYSICIAN-FOCUSED PAYMENT MODEL medical record of the home health agency as (ii) in clause (i)(II)(bb)— TECHNICAL ADVISORY COMMITTEE PROVISION supporting material, as appropriate to the (I) in the heading, by striking ‘‘2 YEARS’’ OF INITIAL PROPOSAL FEEDBACK.—Section case involved.’’. and inserting ‘‘5 YEARS’’; and 1868(c)(2)(C) of the Social Security Act (42 (b) PART B.—Section 1835(a) of the Social (II) by striking the second sentence and in- U.S.C. 1395ee(c)(2)(C)) is amended to read as Security Act (42 U.S.C. 1395n(a)) is amended serting the following new sentences: ‘‘For follows: by inserting before ‘‘For purposes of para- each of the second, third, fourth, and fifth ‘‘(C) COMMITTEE REVIEW OF MODELS SUB- graph (2)(A),’’ the following new sentence: years for which the MIPS applies to pay- MITTED.—The Committee, on a periodic ‘‘For purposes of documentation for physi- ments, not less than 10 percent and not more basis— cian certification and recertification made than 30 percent of such score shall be based ‘‘(i) shall review models submitted under under paragraph (2) on or after January 1, on performance with respect to the category subparagraph (B); 2019, and made with respect to home health described in clause (ii) of paragraph (2)(A). ‘‘(ii) may provide individuals and stake- services furnished by a home health agency, Nothing in the previous sentence shall be holder entities who submitted such models in addition to using documentation in the construed, with respect to a performance pe- with— medical record of the physician who so cer- riod for a year described in the previous sen- ‘‘(I) initial feedback on such models re- tifies or the medical record of the acute or tence, as preventing the Secretary from bas- garding the extent to which such models post-acute care facility (in the case that ing 30 percent of such score for such year meet the criteria described in subparagraph home health services were furnished to an with respect to the category described in (A); and individual who was directly admitted to the such clause (ii), if the Secretary determines, ‘‘(II) an explanation of the basis for the home health agency from such a facility), based on information posted under sub- feedback provided under subclause (I); and the Secretary may use documentation in the section (r)(2)(I) that sufficient resource use ‘‘(iii) shall prepare comments and rec- medical record of the home health agency as measures are ready for adoption for use ommendations regarding whether such mod- supporting material, as appropriate to the under the performance category under para- els meet the criteria described in subpara- case involved.’’. graph (2)(A)(ii) for such performance pe- graph (A) and submit such comments and SEC. 51003. TECHNICAL AMENDMENTS TO PUBLIC riod.’’; recommendations to the Secretary.’’. LAW 114–10. (D) in paragraph (6)(D)— SEC. 51004. EXPANDED ACCESS TO MEDICARE IN- (a) MIPS TRANSITION.—Section 1848 of the (i) in clause (i), in the second sentence, by TENSIVE CARDIAC REHABILITATION Social Security Act (42 U.S.C. 1395w–4) is striking ‘‘Such performance threshold’’ and PROGRAMS. amended— inserting ‘‘Subject to clauses (iii) and (iv), Section 1861(eee)(4)(B) of the Social Secu- (1) in subsection (q)— such performance threshold’’; rity Act (42 U.S.C. 1395x(eee)(4)(B)) is amend- (A) in paragraph (1)— (ii) in clause (ii)— ed— (i) in subparagraph (B), by striking ‘‘items (I) in the first sentence, by inserting ‘‘(be- (1) in clause (v), by striking ‘‘or’’ at the and services’’ and inserting ‘‘covered profes- ginning with 2019 and ending with 2024)’’ end; sional services (as defined in subsection after ‘‘for each year of the MIPS’’; and (2) in clause (vi), by striking the period at (k)(3)(A))’’; and (II) in the second sentence, by inserting the end and inserting a semicolon; and (ii) in subparagraph (C)(iv)— ‘‘subject to clause (iii),’’ after ‘‘For each (3) by adding at the end the following new (I) by amending subclause (I) to read as fol- such year,’’; clauses: lows: (iii) in clause (iii)— ‘‘(vii) stable, chronic heart failure (defined ‘‘(I) The minimum number (as determined (I) in the heading, by striking ‘‘2’’ and in- as patients with left ventricular ejection by the Secretary) of— serting ‘‘5’’; and fraction of 35 percent or less and New York

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S787 Heart Association (NYHA) class II to IV (1) in paragraph (1)— TITLE XII—OFFSETS symptoms despite being on optimal heart (A) by striking ‘‘physician-supervised’’; SEC. 53101. MODIFYING REDUCTIONS IN MED- failure therapy for at least 6 weeks); or and ICAID DSH ALLOTMENTS. ‘‘(viii) any additional condition for which (B) by inserting ‘‘under the supervision of Section 1923(f)(7)(A) of the Social Security the Secretary has determined that a cardiac a physician (as defined in subsection (r)(1)) Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended— rehabilitation program shall be covered, un- or a physician assistant, nurse practitioner, (1) in clause (i), in the matter preceding less the Secretary determines, using the or clinical nurse specialist (as those terms subclause (I), by striking ‘‘2018’’ and insert- same process used to determine that the con- are defined in subsection (aa)(5))’’ before the ing ‘‘2020’’; and dition is covered for a cardiac rehabilitation period at the end; (2) in clause (ii), by striking subclauses (I) program, that such coverage is not supported (2) in paragraph (2)— through (VIII) and inserting the following: by the clinical evidence.’’. (A) in subparagraph (A)(iii), by striking ‘‘(I) $4,000,000,000 for fiscal year 2020; and SEC. 51005. EXTENSION OF BLENDED SITE NEU- the period at the end and inserting a semi- ‘‘(II) $8,000,000,000 for each of fiscal years TRAL PAYMENT RATE FOR CERTAIN colon; and 2021 through 2025.’’. LONG-TERM CARE HOSPITAL DIS- (B) in subparagraph (B), by striking ‘‘a SEC. 53102. THIRD PARTY LIABILITY IN MEDICAID CHARGES; TEMPORARY ADJUST- physician’’ and inserting ‘‘a physician (as de- AND CHIP. MENT TO SITE NEUTRAL PAYMENT fined in subsection (r)(1)) or a physician as- (a) MODIFICATION OF THIRD PARTY LIABIL- RATES. sistant, nurse practitioner, or clinical nurse ITY RULES RELATED TO SPECIAL TREATMENT (a) EXTENSION.—Section 1886(m)(6)(B)(i) of specialist (as those terms are defined in sub- OF CERTAIN TYPES OF CARE AND PAYMENTS.— the Social Security Act (42 U.S.C. section (aa)(5))’’; and (1) IN GENERAL.—Section 1902(a)(25)(E) of 1395ww(m)(6)(B)(i)) is amended— (3) in paragraph (4)(A), in the matter pre- (1) in subclause (I), by striking ‘‘fiscal year the Social Security Act (42 U.S.C. ceding clause (i)— 1396a(a)(25)(E)) is amended, in the matter 2016 or fiscal year 2017’’ and inserting ‘‘fiscal (A) by striking ‘‘physician-supervised’’; years 2016 through 2019’’; and preceding clause (i), by striking ‘‘prenatal and or’’. (2) in subclause (II), by striking ‘‘2018’’ and (B) by inserting ‘‘under the supervision of (2) EFFECTIVE DATE.—The amendment inserting ‘‘2020’’. a physician (as defined in subsection (r)(1)) (b) TEMPORARY ADJUSTMENT TO SITE NEU- made by paragraph (1) shall take effect on or a physician assistant, nurse practitioner, the date of enactment of this Act. TRAL PAYMENT RATES.—Section 1886(m)(6)(B) or clinical nurse specialist (as those terms (b) DELAY IN EFFECTIVE DATE AND REPEAL of the Social Security Act (42 U.S.C. are defined in subsection (aa)(5))’’ after OF CERTAIN BIPARTISAN BUDGET ACT OF 2013 1395ww(m)(6)(B)) is amended— ‘‘paragraph (3)’’. AMENDMENTS.— (1) in clause (ii), in the matter preceding (b) PULMONARY REHABILITATION PRO- (1) REPEAL.—Effective as of September 30, subclause (I), by striking ‘‘In this para- GRAMS.—Section 1861(fff)(1) of the Social Se- graph’’ and inserting ‘‘Subject to clause (iv), curity Act (42 U.S.C. 1395x(fff)(1)) is amend- 2017, subsection (b) of section 202 of the Bi- in this paragraph’’; and ed— partisan Budget Act of 2013 (Public Law 113– (2) by adding at the end the following new (1) by striking ‘‘physician-supervised’’; and 67; 127 Stat. 1177; 42 U.S.C. 1396a note) (in- clause: (2) by inserting ‘‘under the supervision of a cluding any amendments made by such sub- ‘‘(iv) ADJUSTMENT.—For each of fiscal physician (as defined in subsection (r)(1)) or section) is repealed and the provisions years 2018 through 2026, the amount that a physician assistant, nurse practitioner, or amended by such subsection shall be applied would otherwise apply under clause (ii)(I) for clinical nurse specialist (as those terms are and administered as if such amendments had the year (determined without regard to this defined in subsection (aa)(5))’’ before the pe- never been enacted. clause) shall be reduced by 4.6 percent.’’. riod at the end. (2) DELAY IN EFFECTIVE DATE.—Subsection SEC. 51006. RECOGNITION OF ATTENDING PHYSI- (c) EFFECTIVE DATE.—The amendments (c) of section 202 of the Bipartisan Budget CIAN ASSISTANTS AS ATTENDING made by this section shall apply to items Act of 2013 (Public Law 113–67; 127 Stat. 1177; PHYSICIANS TO SERVE HOSPICE PA- and services furnished on or after January 1, 42 U.S.C. 1396a note) is amended to read as TIENTS. 2024. follows: (a) RECOGNITION OF ATTENDING PHYSICIAN SEC. 51009. TRANSITIONAL PAYMENT RULES FOR ‘‘(c) EFFECTIVE DATE.—The amendments ASSISTANTS AS ATTENDING PHYSICIANS TO CERTAIN RADIATION THERAPY made by subsection (a) shall take effect on SERVE HOSPICE PATIENTS.— SERVICES UNDER THE PHYSICIAN October 1, 2019.’’. (1) IN GENERAL.—Section 1861(dd)(3)(B) of FEE SCHEDULE. (3) EFFECTIVE DATE; TREATMENT.—The re- the Social Security Act (42 U.S.C. Section 1848 of the Social Security Act (42 peal and amendment made by this subsection 1395x(dd)(3)(B)) is amended— U.S.C. 1395w–4) is amended— shall take effect as if enacted on September (A) by striking ‘‘or nurse’’ and inserting ‘‘, (1) in subsection (b)(11), by striking ‘‘2017 30, 2017, and shall apply with respect to any the nurse’’; and and 2018’’ and inserting ‘‘2017, 2018, and 2019’’; open claims, including claims pending, gen- (B) by inserting ‘‘, or the physician assist- and erated, or filed, after such date. The amend- ant (as defined in such subsection)’’ after (2) in subsection (c)(2)(K)(iv), by striking ments made by subsections (a) and (b) of sec- ‘‘subsection (aa)(5))’’. ‘‘2017 and 2018’’ and inserting ‘‘2017, 2018, and tion 202 of the Bipartisan Budget Act of 2013 (2) CLARIFICATION OF HOSPICE ROLE OF PHY- 2019’’. (Public Law 113–67; 127 Stat. 1177; 42 U.S.C. SICIAN ASSISTANTS.—Section 1814(a)(7)(A)(i)(I) TITLE XI—PROTECTING SENIORS’ ACCESS 1396a note) that took effect on October 1, of the Social Security Act (42 U.S.C. TO MEDICARE ACT 2017, are null and void and section 1902(a)(25) 1395f(a)(7)(A)(i)(I)) is amended by inserting SEC. 52001. REPEAL OF THE INDEPENDENT PAY- of the Social Security Act (42 U.S.C. ‘‘or a physician assistant’’ after ‘‘a nurse MENT ADVISORY BOARD. 1396a(a)(25)) shall be applied and adminis- practitioner’’. (a) REPEAL.—Section 1899A of the Social tered as if such amendments had not taken (b) EFFECTIVE DATE.—The amendments Security Act (42 U.S.C. 1395kkk) is repealed. effect on such date. made by this section shall apply to items (b) CONFORMING AMENDMENTS.— (c) GAO STUDY AND REPORT.—Not later and services furnished on or after January 1, (1) LOBBYING COOLING-OFF PERIOD.—Para- than 18 months after the date of enactment 2019. graph (3) of section 207(c) of title 18, United of this Act, the Comptroller General of the SEC. 51007. EXTENSION OF ENFORCEMENT IN- States Code, is repealed. United States shall submit a report to the STRUCTION ON SUPERVISION RE- (2) GAO STUDY AND REPORT.—Section Committee on Energy and Commerce of the QUIREMENTS FOR OUTPATIENT 3403(b) of the Patient Protection and Afford- House of Representatives and the Committee THERAPEUTIC SERVICES IN CRIT- able Care Act (42 U.S.C. 1395kkk–1) is re- on Finance of the Senate on the impacts of ICAL ACCESS AND SMALL RURAL pealed. the amendments made by subsections (a)(1) HOSPITALS THROUGH 2017. (3) MEDPAC REVIEW AND COMMENT.—Sec- and (b)(2), including— Section 1 of Public Law 113–198, as amend- tion 1805(b) of the Social Security Act (42 (1) the impact, or potential effect, of such ed by section 1 of Public Law 114–112 and sec- U.S.C. 1395b–6(b)) is amended— amendments on access to prenatal and pre- tion 16004(a) of the 21st Century Cures Act (A) by striking paragraph (4); ventive pediatric care (including early and (Public Law 114–255), is amended— (B) by redesignating paragraphs (5) periodic screening, diagnostic, and treat- (1) in the section heading, by striking through (8) as paragraphs (4) through (7), re- ment services) covered under State plans ‘‘ ’’ and inserting ‘‘ ’’; and 2016 2017 spectively; and under such title (or waivers of such plans); (2) by striking ‘‘and 2016’’ and inserting (C) by redesignating the paragraph (9) that (2) the impact, or potential effect, of such ‘‘2016, and 2017’’. was redesignated by section 3403(c)(1) of the amendments on access to services covered SEC. 51008. ALLOWING PHYSICIAN ASSISTANTS, Patient Protection and Affordable Care Act under such plans or waivers for individuals NURSE PRACTITIONERS, AND CLIN- ICAL NURSE SPECIALISTS TO SU- (Public Law 111–148) as paragraph (8). on whose behalf child support enforcement is PERVISE CARDIAC, INTENSIVE CAR- (4) NAME CHANGE.—Section 10320(b) of the being carried out by a State agency under DIAC, AND PULMONARY REHABILI- Patient Protection and Affordable Care Act part D of title IV of such Act; and TATION PROGRAMS. (Public Law 111–148) is repealed. (3) the impact, or potential effect, on pro- (a) CARDIAC AND INTENSIVE CARDIAC REHA- (5) RULE OF CONSTRUCTION.—Section viders of services under such plans or waiv- BILITATION PROGRAMS.—Section 1861(eee) of 10320(c) of the Patient Protection and Afford- ers of delays in payment or related issues the Social Security Act (42 U.S.C. 1395x(eee)) able Care Act (Public Law 111–148) is re- that result from such amendments. is amended— pealed. (d) APPLICATION TO CHIP.—

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(1) IN GENERAL.—Section 2107(e)(1) of the under the State plan (or a waiver of such ‘‘(ii) AMOUNT 1.—For purposes of clause (i), Social Security Act (42 U.S.C. 1397gg(e)(1)) is plan) by reason of clause (i)— the amount described in this clause with re- amended— ‘‘(I) before the date on which the individual spect to a drug described in clause (i) and re- (A) by redesignating subparagraphs (B) loses such eligibility, inform the individual— bate period is the amount computed under through (R) as subparagraphs (C) through ‘‘(aa) of the individual’s opportunity to en- paragraph (1) for such drug, increased by the (S), respectively; and roll in a qualified health plan offered amount computed under subparagraph (A) (B) by inserting after subparagraph (A) the through an Exchange established under title and, as applicable, subparagraph (B) for such following new subparagraph: I of the Patient Protection and Affordable drug and rebate period. ‘‘(B) Section 1902(a)(25) (relating to third Care Act during the special enrollment pe- ‘‘(iii) AMOUNT 2.—For purposes of clause (i), party liability).’’. riod specified in section 9801(f)(3) of the In- the amount described in this clause with re- (2) MANDATORY REPORTING.—Section ternal Revenue Code of 1986 (relating to loss spect to a drug described in clause (i) and re- 1902(a)(25)(I)(i) of the Social Security Act (42 of Medicaid or CHIP coverage); and bate period is the amount computed under U.S.C. 1396a(a)(25)(I)(i)) is amended— ‘‘(bb) of the date on which the individual paragraph (1) for such drug, increased by the (A) by striking ‘‘medical assistance under would no longer be considered ineligible by product of— the State plan’’ and inserting ‘‘medical as- reason of clause (i) to receive medical assist- ‘‘(I) the average manufacturer price for the sistance under a State plan (or under a waiv- ance under the State plan or under any waiv- rebate period of the line extension of a single er of the plan)’’; er of such plan and be eligible to reapply to source drug or an innovator multiple source (B) by striking ‘‘(and, at State option, receive such medical assistance; and drug that is an oral solid dosage form; child’’ and inserting ‘‘and child’’; and ‘‘(II) provide technical assistance to the in- ‘‘(II) the highest additional rebate (cal- (C) by striking ‘‘title XXI)’’ and inserting dividual seeking to enroll in such a qualified culated as a percentage of average manufac- ‘‘title XXI’’. health plan. turer price) under this paragraph for the re- SEC. 53103. TREATMENT OF LOTTERY WINNINGS ‘‘(v) QUALIFIED LOTTERY WINNINGS DE- bate period for any strength of the original AND OTHER LUMP-SUM INCOME FOR FINED.—In this subparagraph, the term single source drug or innovator multiple PURPOSES OF INCOME ELIGIBILITY ‘qualified lottery winnings’ means winnings source drug; and UNDER MEDICAID. from a sweepstakes, lottery, or pool de- ‘‘(III) the total number of units of each (a) IN GENERAL.—Section 1902 of the Social scribed in paragraph (3) of section 4402 of the Security Act (42 U.S.C. 1396a) is amended— dosage form and strength of the line exten- Internal Revenue Code of 1986 or a lottery sion product paid for under the State plan in (1) in subsection (a)(17), by striking operated by a multistate or multijuris- ‘‘(e)(14), (e)(14)’’ and inserting ‘‘(e)(14), the rebate period (as reported by the dictional lottery association, including State).’’. (e)(15)’’; and amounts awarded as a lump sum payment. (2) in subsection (e)(14), by adding at the (b) EFFECTIVE DATE.—The amendments ‘‘(vi) QUALIFIED LUMP SUM INCOME DE- made subsection (a) shall apply with respect end the following new subparagraph: FINED.—In this subparagraph, the term ‘‘(K) TREATMENT OF CERTAIN LOTTERY to rebate periods beginning on or after Octo- ‘qualified lump sum income’ means income ber 1, 2018. WINNINGS AND INCOME RECEIVED AS A LUMP that is received as a lump sum from mone- SUM.— tary winnings from gambling (as defined by SEC. 53105. MEDICAID IMPROVEMENT FUND. ‘‘(i) IN GENERAL.—In the case of an indi- the Secretary and including gambling activi- Section 1941(b) of the Social Security Act vidual who is the recipient of qualified lot- ties described in section 1955(b)(4) of title 18, (42 U.S.C. 1396w–1(b)) is amended— tery winnings (pursuant to lotteries occur- United States Code).’’. (1) in paragraph (1), by striking ‘‘$5,000,000’’ ring on or after January 1, 2018) or qualified (b) RULES OF CONSTRUCTION.— and inserting ‘‘$0’’; and lump sum income (received on or after such (1) INTERCEPTION OF LOTTERY WINNINGS AL- (2) in paragraph (3)(A), by striking date) and whose eligibility for medical as- LOWED.—Nothing in the amendment made by ‘‘$980,000,000’’ and inserting ‘‘$0’’. sistance is determined based on the applica- subsection (a)(2) shall be construed as pre- SEC. 53106. PHYSICIAN FEE SCHEDULE UPDATE. tion of modified adjusted gross income under venting a State from intercepting the State Section 1848(d)(18) of the Social Security subparagraph (A), a State shall, in deter- lottery winnings awarded to an individual in Act (42 U.S.C. 1395w–4(d)(18)) is amended by mining such eligibility, include such the State to recover amounts paid by the striking ‘‘paragraph (1)(C)’’ and all that fol- winnings or income (as applicable) as income State under the State Medicaid plan under lows and inserting the following: ‘‘paragraph received— title XIX of the Social Security Act (42 (1)(C)— ‘‘(I) in the month in which such winnings U.S.C. 1396 et seq.) for medical assistance ‘‘(A) for 2016 and each subsequent year or income (as applicable) is received if the furnished to the individual. through 2018 shall be 0.5 percent; and amount of such winnings or income is less (2) APPLICABILITY LIMITED TO ELIGIBILITY OF ‘‘(B) for 2019 shall be 0.25 percent.’’. than $80,000; RECIPIENT OF LOTTERY WINNINGS OR LUMP SUM SEC. 53107. PAYMENT FOR OUTPATIENT PHYS- ‘‘(II) over a period of 2 months if the INCOME.—Nothing in the amendment made ICAL THERAPY SERVICES AND OUT- amount of such winnings or income (as appli- by subsection (a)(2) shall be construed, with PATIENT OCCUPATIONAL THERAPY cable) is greater than or equal to $80,000 but respect to a determination of household in- SERVICES FURNISHED BY A THER- less than $90,000; come for purposes of a determination of eli- APY ASSISTANT. ‘‘(III) over a period of 3 months if the gibility for medical assistance under the Section 1834 of the Social Security Act (42 amount of such winnings or income (as appli- State plan under title XIX of the Social Se- U.S.C. 1395m) is amended by adding at the cable) is greater than or equal to $90,000 but curity Act (42 U.S.C. 1396 et seq.) (or a waiver end the following new subsection: less than $100,000; and of such plan) made by applying modified ad- ‘‘(v) PAYMENT FOR OUTPATIENT PHYSICAL ‘‘(IV) over a period of 3 months plus 1 addi- justed gross income under subparagraph (A) THERAPY SERVICES AND OUTPATIENT OCCUPA- tional month for each increment of $10,000 of of section 1902(e)(14) of such Act (42 U.S.C. TIONAL THERAPY SERVICES FURNISHED BY A such winnings or income (as applicable) re- 1396a(e)(14)), as limiting the eligibility for THERAPY ASSISTANT.— ceived, not to exceed a period of 120 months such medical assistance of any individual ‘‘(1) IN GENERAL.—In the case of an out- (for winnings or income of $1,260,000 or that is a member of the household other patient physical therapy service or out- more), if the amount of such winnings or in- than the individual who received qualified patient occupational therapy service fur- come is greater than or equal to $100,000. lottery winnings or qualified lump-sum in- nished on or after January 1, 2022, for which ‘‘(ii) COUNTING IN EQUAL INSTALLMENTS.— come (as defined in subparagraph (K) of such payment is made under section 1848 or sub- For purposes of subclauses (II), (III), and (IV) section 1902(e)(14), as added by subsection section (k), that is furnished in whole or in of clause (i), winnings or income to which (a)(2) of this section). part by a therapy assistant (as defined by the such subclause applies shall be counted in SEC. 53104. REBATE OBLIGATION WITH RESPECT Secretary), the amount of payment for such equal monthly installments over the period TO LINE EXTENSION DRUGS. service shall be an amount equal to 85 per- of months specified under such subclause. (a) IN GENERAL.—Section 1927(c)(2)(C) of cent of the amount of payment otherwise ap- ‘‘(iii) HARDSHIP EXEMPTION.—An individual the Social Security Act (42 U.S.C. 1396r– plicable for the service under this part. whose income, by application of clause (i), 8(c)(2)(C)) is amended by striking ‘‘(C) TREAT- Nothing in the preceding sentence shall be exceeds the applicable eligibility threshold MENT OF NEW FORMULATIONS.—In the case’’ construed to change applicable requirements established by the State, shall continue to be and all that follows through the period at with respect to such services. eligible for medical assistance to the extent the end of the first sentence and inserting ‘‘(2) USE OF MODIFIER.— that the State determines, under procedures the following: ‘‘(A) ESTABLISHMENT.—Not later than Jan- established by the State (in accordance with ‘‘(C) TREATMENT OF NEW FORMULATIONS.— uary 1, 2019, the Secretary shall establish a standards specified by the Secretary), that ‘‘(i) IN GENERAL.—In the case of a drug that modifier to indicate (in a form and manner the denial of eligibility of the individual is a line extension of a single source drug or specified by the Secretary), in the case of an would cause an undue medical or financial an innovator multiple source drug that is an outpatient physical therapy service or out- hardship as determined on the basis of cri- oral solid dosage form, the rebate obligation patient occupational therapy service fur- teria established by the Secretary. for a rebate period with respect to such drug nished in whole or in part by a therapy as- ‘‘(iv) NOTIFICATIONS AND ASSISTANCE RE- under this subsection shall be the greater of sistant (as so defined), that the service was QUIRED IN CASE OF LOSS OF ELIGIBILITY.—A the amount described in clause (ii) for such furnished by a therapy assistant. State shall, with respect to an individual drug or the amount described in clause (iii) ‘‘(B) REQUIRED USE.—Each request for pay- who loses eligibility for medical assistance for such drug. ment, or bill submitted, for an outpatient

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S789 physical therapy service or outpatient occu- (2) in clause (vi), by inserting ‘‘and 2020’’ More than $160,000 but less than pational therapy service furnished in whole after ‘‘except 2018’’. $500,000 ...... 80 percent or in part by a therapy assistant (as so de- SEC. 53111. MEDICARE PAYMENT UPDATE FOR At least $500,000 ...... 85 percent.’’. fined) on or after January 1, 2020, shall in- SKILLED NURSING FACILITIES. (b) JOINT RETURNS.—Section 1839(i)(3)(C)(ii) clude the modifier established under sub- Section 1888(e)(5)(B) of the Social Security of the Social Security Act (42 U.S.C. paragraph (A) for each such service. Act (42 U.S.C. 1395yy(e)(5)(B)) is amended— 1395r(i)(3)(C)(ii)) is amended by inserting be- ‘‘(3) IMPLEMENTATION.—The Secretary shall (1) in clause (i), by striking ‘‘and (iii)’’ and fore the period the following: ‘‘except, with implement this subsection through notice inserting ‘‘, (iii), and (iv)’’; respect to the dollar amounts applied in the and comment rulemaking.’’. (2) in clause (ii), by striking ‘‘clause (iii)’’ and inserting ‘‘clauses (iii) and (iv)’’; and last row of the table under subclause (III) of SEC. 53108. REDUCTION FOR NON-EMERGENCY such clause (and the second dollar amount ESRD AMBULANCE TRANSPORTS. (3) by adding at the end the following new clause: specified in the second to last row of such Section 1834(l)(15) of the Social Security table), clause (i) shall be applied by sub- Act (42. U.S.C. 1395m(l)(15)) is amended by ‘‘(iv) SPECIAL RULE FOR FISCAL YEAR 2019.— For fiscal year 2019 (or other similar annual stituting dollar amounts which are 150 per- striking ‘‘on or after October 1, 2013’’ and in- cent of such dollar amounts for the calendar serting ‘‘during the period beginning on Oc- period specified in clause (i)), the skilled nursing facility market basket percentage, year’’. tober 1, 2013, and ending on September 30, (c) INFLATION ADJUSTMENT.—Section 2018, and by 23 percent for such services fur- after application of clause (ii), is equal to 2.4 percent.’’. 1839(i)(5) of the Social Security Act (42 U.S.C. nished on or after October 1, 2018’’. 1395r(i)(5)) is amended— SEC. 53109. HOSPITAL TRANSFER POLICY FOR SEC. 53112. PREVENTING THE ARTIFICIAL INFLA- TION OF STAR RATINGS AFTER THE (1) in subparagraph (A), by striking ‘‘In the EARLY DISCHARGES TO HOSPICE case’’ and inserting ‘‘Subject to subpara- CARE. CONSOLIDATION OF MEDICARE AD- VANTAGE PLANS OFFERED BY THE graph (C), in the case’’; (a) IN GENERAL.—Section 1886(d)(5)(J) of SAME ORGANIZATION. (2) in subparagraph (B), by striking ‘‘sub- the Social Security Act (42 U.S.C. Section 1853(o)(4) of the Social Security paragraph (A)’’ and inserting ‘‘subparagraph 1395ww(d)(5)(J)) is amended— Act (42 U.S.C. 1395w–23(o)(4)) is amended by (A) or (C)’’; and (1) in clause (ii)— adding at the end the following new subpara- (3) by adding at the end the following new (A) in subclause (III), by striking ‘‘or’’ at graph: subparagraph: the end; ‘‘(D) SPECIAL RULE TO PREVENT THE ARTIFI- ‘‘(C) TREATMENT OF ADJUSTMENTS FOR CER- (B) by redesignating subclause (IV) as sub- CIAL INFLATION OF STAR RATINGS AFTER THE TAIN HIGHER INCOME INDIVIDUALS.— clause (V); and CONSOLIDATION OF MEDICARE ADVANTAGE ‘‘(i) IN GENERAL.—Subparagraph (A) shall (C) by inserting after subclause (III) the PLANS OFFERED BY A SINGLE ORGANIZATION.— not apply with respect to each dollar amount following new subclause: ‘‘(i) IN GENERAL.—If— in paragraph (3) of $500,000. ‘‘(IV) for discharges occurring on or after ‘‘(I) a Medicare Advantage organization ‘‘(ii) ADJUSTMENT BEGINNING 2028.—In the October 1, 2018, is provided hospice care by a has entered into more than one contract case of any calendar year beginning after hospice program; or’’; and with the Secretary with respect to the offer- 2027, each dollar amount in paragraph (3) of (2) in clause (iv)— ing of Medicare Advantage plans; and $500,000 shall be increased by an amount (A) by inserting after the first sentence the ‘‘(II) on or after January 1, 2019, the Sec- equal to— following new sentence: ‘‘The Secretary shall retary approves a request from the organiza- ‘‘(I) such dollar amount, multiplied by include in the proposed rule published for fis- tion to consolidate the plans under one or ‘‘(II) the percentage (if any) by which the cal year 2019, a description of the effect of more contract (in this subparagraph referred average of the Consumer Price Index for all clause (ii)(IV).’’; and to as a ‘closed contract’) with the plans of- urban consumers (United States city aver- (B) in subclause (I), by striking ‘‘and (III)’’ fered under a separate contract (in this sub- age) for the 12-month period ending with Au- and inserting ‘‘(III), and, in the case of pro- paragraph referred to as the ‘continuing con- gust of the preceding calendar year exceeds posed and final rules for fiscal year 2019 and tract’); such average for the 12-month period ending subsequent fiscal years, (IV)’’. with respect to the continuing contract, the with August 2026.’’. (b) MEDPAC EVALUATION AND REPORT.— Secretary shall adjust the quality rating SEC. 53115. MEDICARE IMPROVEMENT FUND. (1) EVALUATION.—The Medicare Payment under the 5-star rating system and any qual- Section 1898(b)(1) of the Social Security Advisory Commission (in this subsection re- ity increase under this subsection and rebate Act (42 U.S.C. 1395iii(b)(1)) is amended by ferred to as the ‘‘Commission’’) shall conduct amounts under section 1854 to reflect an en- striking ‘‘$220,000,000’’ and inserting ‘‘$0’’. an evaluation of the effects of the amend- rollment-weighted average of scores or rat- ments made by subsection (a), including the SEC. 53116. CLOSING THE DONUT HOLE FOR SEN- ings for the continuing and closed contracts, IORS. effects on— as determined appropriate by the Secretary. (a) CLOSING DONUT HOLE SOONER.—Section (A) the numbers of discharges of patients ‘‘(ii) APPLICATION.—An adjustment under 1860D–2(b)(2)(D) of the Social Security Act from an inpatient hospital setting to a hos- clause (i) shall apply for any year for which (42 U.S.C. 1395w–102(b)(2)(D))— pice program; the quality rating of the continuing contract (1) in clause (i), by amending subclause (I) (B) the lengths of stays of patients in an is based primarily on a measurement period to read as follows: inpatient hospital setting who are dis- that is prior to the first year in which a ‘‘(I) equal to the difference between— charged to a hospice program; closed contract is no longer offered.’’. ‘‘(aa) the applicable gap percentage (speci- (C) spending under the Medicare program SEC. 53113. SUNSETTING EXCLUSION OF fied in clause (ii) for the year); and under title XVIII of the Social Security Act; BIOSIMILARS FROM MEDICARE ‘‘(bb) the discount percentage specified in and PART D COVERAGE GAP DISCOUNT section 1860D–14A(g)(4)(A) for such applicable PROGRAM. (D) other areas determined appropriate by drugs (or, in the case of a year after 2018, 50 Section 1860D–14A(g)(2)(A) of the Social Se- the Commission. percent); or’’; and curity Act (42 U.S.C. 1395w–114a(g)(2)(A)) is (2) CONSIDERATION.—In conducting the (2) in clause (ii)— evaluation under paragraph (1), the Commis- amended by inserting ‘‘, with respect to a plan year before 2019,’’ after ‘‘other than’’. (A) in subclause (IV), by adding ‘‘and’’ at sion shall consider factors such as whether the end; the timely access to hospice care by patients SEC. 53114. ADJUSTMENTS TO MEDICARE PART B AND PART D PREMIUM SUBSIDIES (B) by striking subclause (V); and admitted to a hospital has been affected (C) in subclause (VI)— through changes to hospital policies or be- FOR HIGHER INCOME INDIVIDUALS. (a) IN GENERAL.—Section 1839(i)(3)(C)(i) of (i) by striking ‘‘2020’’ and inserting ‘‘2019’’; haviors made as a result of such amend- and ments. the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended— (ii) by redesignating such subclause as sub- (3) PRELIMINARY RESULTS.—Not later than (1) in subclause (II), in the matter pre- clause (V). March 15, 2020, the Commission shall provide (b) LOWERING DISCOUNTED PRICE.—Section Congress with preliminary results on the ceding the table, by striking ‘‘years begin- ning with’’; and 1860D–14A(g)(4)(A) of the Social Security Act evaluation being conducted under paragraph (42 U.S.C. 1395w–114a(g)(4)(A)) is amended by (1). (2) by adding at the end the following new subclause: inserting ‘‘(or, with respect to a plan year (4) REPORT.—Not later than March 15, 2021, ‘‘(III) Subject to paragraph (5), for years after plan year 2018, 30 percent)’’ after ‘‘50 the Commission shall submit to Congress a percent’’. report on the evaluation conducted under beginning with 2019: SEC. 53117. MODERNIZING CHILD SUPPORT EN- paragraph (1). ‘‘If the modified adjusted gross income FORCEMENT FEES. SEC. 53110. MEDICARE PAYMENT UPDATE FOR is: ...... The applicable (a) IN GENERAL.—Section 454(6)(B)(ii) of the HOME HEALTH SERVICES. percentage is: Social Security Act (42 U.S.C. 654(6)(B)(ii)) is Section 1895(b)(3)(B) of the Social Security More than $85,000 but not more than amended— Act (42 U.S.C. 1395fff(b)(3)(B)) is amended— $107,000 ...... 35 percent (1) by striking ‘‘$25’’ and inserting ‘‘$35’’; (1) in clause (iii), in the last sentence, by More than $107,000 but not more than and inserting before the period at the end the fol- $133,500 ...... 50 percent (2) by striking ‘‘$500’’ each place it appears lowing: ‘‘and for 2020 shall be 1.5 percent’’; More than $133,500 but not more than and inserting ‘‘$550’’. and $160,000 ...... 65 percent (b) EFFECTIVE DATE.—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE February 7, 2018

(1) IN GENERAL.—The amendments made by (B) by inserting after paragraph (19) the Section 1115 of the Agricultural Act of 2014 (7 subsection (a) shall take effect on the 1st day following: U.S.C. 9015) is amended— of the 1st fiscal year that begins on or after ‘‘(20) SEED COTTON.—The term ‘seed cotton’ (A) in subsection (a), by striking ‘‘For’’ the date of the enactment of this Act, and means unginned upland cotton that includes and inserting ‘‘Except as provided in sub- shall apply to payments under part D of title both lint and seed.’’. section (g), for’’; and IV of the Social Security Act (42 U.S.C. 651 (4) PAYMENT YIELD.—Section 1113 of the Ag- (B) by adding at the end the following: et seq.) for calendar quarters beginning on or ricultural Act of 2014 (7 U.S.C. 9013) is ‘‘(g) SPECIAL ELECTION.— after such 1st day. amended by adding at the end the following: ‘‘(1) IN GENERAL.—In the case of acres allo- (2) DELAY PERMITTED IF STATE LEGISLATION ‘‘(e) PAYMENT YIELD FOR SEED COTTON.— cated to seed cotton on a farm, all of the pro- REQUIRED.—If the Secretary of Health and ‘‘(1) PAYMENT YIELD.—Subject to paragraph ducers on the farm shall be given the oppor- Human Services determines that State legis- (2), the payment yield for seed cotton for a tunity to make a new 1-time election under lation (other than legislation appropriating farm shall be equal to 2.4 times the payment subsection (a) to reflect the designation of funds) is required in order for a State plan yield for upland cotton for the farm estab- seed cotton as a covered commodity for that developed pursuant to part D of title IV of lished under section 1104(e)(3) of the Food, crop year under section 1111(6)(B). the Social Security Act (42 U.S.C. 651 et seq.) Conservation, and Energy Act of 2008 (7 ‘‘(2) EFFECT OF FAILURE TO MAKE UNANIMOUS to meet the requirements imposed by the U.S.C. 8714(e)(3)) (as in effect on September ELECTION.—If all the producers on a farm fail amendment made by subsection (a), the plan 30, 2013). to make a unanimous election under para- shall not be regarded as failing to meet such ‘‘(2) UPDATE.—At the sole discretion of the graph (1), the producers on the farm shall be requirements before the 1st day of the 1st owner of a farm with a yield for upland cot- deemed to have elected price loss coverage calendar quarter beginning after the first ton described in paragraph (1), the owner of under section 1116 for acres allocated on the regular session of the State legislature that the farm shall have a 1-time opportunity to farm to seed cotton.’’. begins after the date of the enactment of update the payment yield for upland cotton (8) EFFECTIVE PRICE.—Section 1116 of the this Act. For purposes of the preceding sen- for the farm, as provided in subsection (d), Agricultural Act of 2014 (7 U.S.C. 9016) is tence, if the State has a 2-year legislative for the purpose of calculating the payment amended by adding at the end the following: session, each year of the session is deemed to yield for seed cotton under paragraph (1).’’. ‘‘(h) EFFECTIVE PRICE FOR SEED COTTON.— be a separate regular session of the State (5) PAYMENT ACRES.—Section 1114(b) of the ‘‘(1) IN GENERAL.—The effective price for legislature. Agricultural Act of 2014 (7 U.S.C. 9014(b)) is seed cotton under subsection (b) shall be SEC. 53118. INCREASING EFFICIENCY OF PRISON amended by adding at the end the following: equal to the marketing year average price DATA REPORTING. ‘‘(4) SEED COTTON.— for seed cotton, as calculated under para- (a) IN GENERAL.—Section 1611(e)(1)(I)(i)(II) ‘‘(A) IN GENERAL.—Not later than 90 days graph (2). of the Social Security Act (42 U.S.C. after the date of enactment of this para- ‘‘(2) CALCULATION.—The marketing year 1382(e)(1)(I)(i)(II)) is amended by striking ‘‘30 graph, the Secretary shall require the owner average price for seed cotton for a crop year days’’ each place it appears and inserting ‘‘15 of a farm to allocate all generic base acres shall be equal to the quotient obtained by di- days’’. on the farm under subparagraph (B) or (C), or viding— (b) EFFECTIVE DATE.—The amendments both. ‘‘(A) the sum obtained by adding— made by subsection (a) shall apply with re- ‘‘(B) NO RECENT HISTORY OF COVERED COM- ‘‘(i) the product obtained by multiplying— spect to any payment made by the Commis- MODITIES.—In the case of a farm on which no ‘‘(I) the upland cotton lint marketing year sioner of Social Security pursuant to section covered commodities (including seed cotton) average price; and 1611(e)(1)(I)(i)(II) of the Social Security Act were planted or were prevented from being ‘‘(II) the total United States upland cotton (42 U.S.C. 1382(e)(1)(I)(i)(II)) (as amended by planted at any time during the 2009 through lint production, measured in pounds; and such subsection) on or after the date that is 2016 crop years, the owner of such farm shall ‘‘(ii) the product obtained by multiplying— 6 months after the date of enactment of this allocate generic base acres on the farm to ‘‘(I) the cottonseed marketing year average Act. unassigned crop base for which no payments price; and SEC. 53119. PREVENTION AND PUBLIC HEALTH may be made under section 1116 or 1117. ‘‘(II) the total United States cottonseed FUND. ‘‘(C) RECENT HISTORY OF COVERED COMMOD- production, measured in pounds; by Section 4002(b) of the Patient Protection ITIES.—In the case of a farm not described in ‘‘(B) the sum obtained by adding— and Affordable Care Act (42 U.S.C. 300u- subparagraph (B), the owner of such farm ‘‘(i) the total United States upland cotton 11(b)), as amended by section 3103 of Public shall allocate generic base acres on the lint production, measured in pounds; and Law 115-96, is amended by striking para- farm— ‘‘(ii) the total United States cottonseed graphs (4) through (9) and inserting the fol- ‘‘(i) subject to subparagraph (D), to seed lowing: production, measured in pounds.’’. cotton base acres in a quantity equal to the ‘‘(4) for fiscal year 2019, $900,000,000; (9) DEEMED LOAN RATE FOR SEED COTTON.— greater of— ‘‘(5) for each of fiscal years 2020 and 2021, Section 1202 of the Agricultural Act of 2014 (7 ‘‘(I) 80 percent of the generic base acres on $950,000,000; U.S.C. 9032) is amended by adding at the end the farm; or ‘‘(6) for each of fiscal years 2022 and 2023, the following: ‘‘(II) the average number of seed cotton ‘‘(c) SEED COTTON.— $1,000,000,000; acres planted or prevented from being plant- ‘‘(7) for each of fiscal years 2024 and 2025, ‘‘(1) IN GENERAL.—For purposes of section ed on the farm during the 2009 through 2012 $1,300,000,000; 1116(b)(2) and paragraphs (1)(B)(ii) and crop years (not to exceed the total generic ‘‘(8) for each of fiscal years 2026 and 2027, (2)(A)(ii)(II) of section 1117(b), the loan rate $1,800,000,000; and base acres on the farm); or for seed cotton shall be deemed to be equal ‘‘(9) for fiscal year 2028 and each fiscal year ‘‘(ii) to base acres for covered commodities to $0.25 per pound. thereafter, $2,000,000,000.’’. (including seed cotton), by applying subpara- ‘‘(2) EFFECT.—Nothing in this subsection graphs (B), (D), (E), and (F) of section authorizes any nonrecourse marketing as- DIVISION F—IMPROVEMENTS TO 1112(a)(3). sistance loan under this subtitle for seed cot- AGRICULTURE PROGRAMS ‘‘(D) TREATMENT OF RESIDUAL GENERIC BASE ton.’’. SEC. 60101. (a) TREATMENT OF SEED COT- ACRES.—In the case of a farm on which ge- (10) LIMITATION ON STACKED INCOME PROTEC- TON.— neric base acres are allocated under subpara- TION PLAN FOR PRODUCERS OF UPLAND COT- (1) DESIGNATION OF SEED COTTON AS A COV- graph (C)(i), the residual generic base acres TON.—Section 508B of the Federal Crop Insur- ERED COMMODITY.—Section 1111(6) of the Ag- shall be allocated to unassigned crop base for ance Act (7 U.S.C. 1508b) is amended by add- ricultural Act of 2014 (7 U.S.C. 9011(6)) is which no payments may be made under sec- ing at the end the following: amended— tion 1116 or 1117. ‘‘(f) LIMITATION.—Effective beginning with (A) by striking ‘‘The term’’ and inserting ‘‘(E) EFFECT OF FAILURE TO ALLOCATE.—In the 2019 crop year, a farm shall not be eligi- the following: the case of a farm not described in subpara- ble for the Stacked Income Protection Plan ‘‘(A) IN GENERAL.—The term’’; and graph (B) for which the owner of the farm for upland cotton for a crop year for which (B) by adding at the end the following: fails to make an election under subparagraph the farm is enrolled in coverage for seed cot- ‘‘(B) INCLUSION.—Effective beginning with (C), the owner of the farm shall be deemed to ton under— the 2018 crop year, the term ‘covered com- have elected to allocate all generic base ‘‘(1) price loss coverage under section 1116 modity’ includes seed cotton.’’. acres in accordance with subparagraph of the Agricultural Act of 2014 (7 U.S.C. 9016); (2) REFERENCE PRICE FOR SEED COTTON.— (C)(i).’’. or Section 1111(18) of the Agricultural Act of (6) RECORDKEEPING REGARDING UNASSIGNED ‘‘(2) agriculture risk coverage under sec- 2014 (7 U.S.C. 9011(18)) is amended by adding CROP BASE.—Section 1114 of the Agricultural tion 1117 of that Act (7 U.S.C. 9017).’’. at the end the following: Act of 2014 (7 U.S.C. 9014) is amended by add- (11) TECHNICAL CORRECTION.—Section ‘‘(O) For seed cotton, $0.367 per pound.’’. ing at the end the following: 1114(b)(2) of the Agricultural Act of 2014 (7 (3) DEFINITION OF SEED COTTON.—Section ‘‘(f) UNASSIGNED CROP BASE.—The Sec- U.S.C. 9014(b)(2)) is amended by striking 1111 of the Agricultural Act of 2014 (7 U.S.C. retary shall maintain information on generic ‘‘paragraphs (1)(B) and (2)(B)’’ and inserting 9011) is amended— base acres on a farm allocated as unassigned ‘‘paragraphs (1) and (2)’’. (A) by redesignating paragraphs (20) crop base under subsection (b)(4).’’. (12) ADMINISTRATION.—The Secretary of Ag- through (24) as paragraphs (21) through (25), (7) SPECIAL ELECTION PERIOD FOR PRICE LOSS riculture shall carry out the amendments respectively; and COVERAGE OR AGRICULTURE RISK COVERAGE.— made by this subsection in accordance with

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S791 section 1601 of the Agricultural Act of 2014 (7 (III) by striking ‘‘$0.040’’ and inserting of 2010 as being included in an appropriation U.S.C. 9091). ‘‘$0.009’’; Act. (13) APPLICATION.—Except as provided in (IV) by striking ‘‘$0.055’’ and inserting paragraph (10), the amendments made by ‘‘$0.016’’; SA 1931. Mr. MCCONNELL proposed this subsection shall apply beginning with (V) by striking ‘‘$0.090’’ and inserting an amendment to amendment SA 1930 the 2018 crop year. ‘‘$0.040’’; proposed by Mr. MCCONNELL to the bill (b) MARGIN PROTECTION PROGRAM FOR (VI) by striking ‘‘$0.217’’ and inserting H.R. 1892, to amend title 4, United DAIRY PRODUCERS.— ‘‘$0.063’’; States Code, to provide for the flying of (VII) by striking ‘‘$0.300’’ and inserting (1) MONTHLY CALCULATION OF ACTUAL DAIRY the flag at half-staff in the event of the PRODUCTION MARGIN.— ‘‘$0.087’’; and (VIII) by striking ‘‘$0.475’’ and inserting death of a first responder in the line of (A) DEFINITIONS.—Section 1401 of the Agri- duty, as follows: cultural Act of 2014 (7 U.S.C. 9051) is amend- ‘‘$0.142’’; and At the end add the following. ed— (B) in subsection (c)— (i) by striking the subsection heading and ‘‘This Act shall take effect 1 day after the (i) by striking paragraph (4); and date of enactment.’’ (ii) by redesignating paragraphs (5) inserting the following: ‘‘TIER II: PREMIUM PER HUNDREDWEIGHT FOR PRODUCTION IN EX- through (11) as paragraphs (4) through (10), SA 1932. Mr. MCCONNELL proposed respectively. CESS OF 5,000,000 POUNDS.—’’; and (ii) in paragraph (1), by striking ‘‘4,000,000’’ an amendment to the bill H.R. 1892, to (B) CALCULATION OF ACTUAL DAIRY PRODUC- amend title 4, United States Code, to TION MARGIN.—Section 1402(b)(1) of the Agri- and inserting ‘‘5,000,000’’. cultural Act of 2014 (7 U.S.C. 9052(b)(1)) is (5) APPLICATION.—The amendments made provide for the flying of the flag at amended by striking ‘‘consecutive 2-month by this subsection shall apply beginning with half-staff in the event of the death of a period’’ each place it appears and inserting the 2018 calendar year. first responder in the line of duty; as (c) LIMITATION ON CROP INSURANCE LIVE- ‘‘month’’. follows: STOCK-RELATED EXPENDITURES.— (C) MARGIN PROTECTION PAYMENTS.—Sec- (1) IN GENERAL.—Section 523(b) of the Fed- At the end add the following. tion 1406 of the Agricultural Act of 2014 (7 eral Crop Insurance Act (7 U.S.C. 1523(b)) is ‘‘This Act shall take effect 2 days after the U.S.C. 9056) is amended— amended by striking paragraph (10). date of enactment.’’ (i) by striking ‘‘consecutive 2-month pe- (2) CONFORMING AMENDMENTS.—Section 516 SA 1933. Mr. MCCONNELL proposed riod’’ each place it appears and inserting of the Federal Crop Insurance Act (7 U.S.C. ‘‘month’’; and 1516) is amended in subsections (a)(2)(C) and an amendment to amendment SA 1932 (ii) in subsection (c)(2)(B), by striking ‘‘6’’ (b)(1)(D) by striking ‘‘subsections (a)(3)(E)(ii) proposed by Mr. MCCONNELL to the bill and inserting ‘‘12’’. and (b)(10) of section 523’’ each place it ap- H.R. 1892, to amend title 4, United ARTICIPATION OF DAIRY OPERATIONS IN (2) P pears and inserting ‘‘subsection (a)(3)(E)(ii) States Code, to provide for the flying of MARGIN PROTECTION PROGRAM.—Section 1404 of that section’’. the flag at half-staff in the event of the of the Agricultural Act of 2014 (7 U.S.C. 9054) SEC. 60102. (a) Section 1240B of the Food Se- is amended— death of a first responder in the line of curity Act of 1985 (16 U.S.C. 3839aa–2) is duty; as follows: (A) in subsection (b)— amended by striking subsection (a) and in- (i) in paragraph (1), by inserting ‘‘, includ- serting the following: Strike ‘‘2’’ and insert ‘‘3’’ ing the establishment of a date each cal- ‘‘(a) ESTABLISHMENT.—During each of the endar year by which a dairy operation shall 2002 through 2019 fiscal years, the Secretary SA 1934. Mr. MCCONNELL proposed register for the calendar year’’ before the pe- shall provide payments to producers that an amendment to amendment SA 1933 riod at the end; enter into contracts with the Secretary proposed by Mr. MCCONNELL to the (ii) by redesignating paragraphs (2) and (3) under the program.’’. amendment SA 1932 proposed by Mr. (b) Section 1241 of the Food Security Act of as paragraphs (3) and (4), respectively; and MCCONNELL to the bill H.R. 1892, to 1985 (16 U.S.C. 3841) is amended— (iii) by inserting after paragraph (1) the amend title 4, United States Code, to following: (1) in subsection (a)— (A) in the matter preceding paragraph (1), provide for the flying of the flag at ‘‘(2) EXTENSION OF ELECTION PERIOD FOR 2018 half-staff in the event of the death of a CALENDAR YEAR.—The Secretary shall extend by striking ‘‘2018’’ and inserting ‘‘2018 (and the election period for the 2018 calendar year fiscal year 2019 in the case of the program first responder in the line of duty, as by not less than 90 days after the date of en- specified in paragraph (5))’’; and follows: actment of the Bipartisan Budget Act of 2018 (B) in paragraph (5)(E), by striking ‘‘fiscal Strike ‘‘3 days’’ and insert ‘‘4 days’’ or such additional period as the Secretary year 2018’’ and inserting ‘‘each of fiscal years f determines is necessary for dairy operations 2018 through 2019’’; and to make new elections to participate for that (2) in subsection (b), by striking ‘‘2018’’ and inserting ‘‘2018 (and fiscal year 2019 in the AUTHORITY FOR COMMITTEES TO calendar year, including dairy operations MEET that elected to so participate before that case of the program specified in subsection date of enactment.’’; and (a)(5))’’. Mr. SCOTT. Mr. President, I have 9 This division may be cited as the ‘‘Im- (B) in subsection (c), by adding at the end requests for committees to meet during provements to Agriculture Programs Act of the following: 2018’’. today’s session of the Senate. They ‘‘(4) EXEMPTION.—A limited resource, be- have the approval of the Majority and ginning, veteran, or socially disadvantaged DIVISION G—BUDGETARY EFFECTS Minority leaders. farmer, as defined by the Secretary, shall be SEC. 70101. BUDGETARY EFFECTS. Pursuant to rule XXVI, paragraph exempt from the administrative fee under (a) IN GENERAL.—The budgetary effects of division A, subdivision 2 of division B, and 5(a), of the Standing Rules of the Sen- this subsection.’’. ate, the following committees are au- (3) PRODUCTION HISTORY OF PARTICIPATING division C and each succeeding division shall DAIRY OPERATIONS.—Section 1405(a) of the not be entered on either PAYGO scorecard thorized to meet during today’s session Agricultural Act of 2014 (7 U.S.C. 9055(a)) is maintained pursuant to section 4(d) of the of the Senate: amended by adding at the end the following: Statutory Pay-As-You-Go Act of 2010. COMMITTEE ON ENVIRONMENT AND PUBLIC (b) SENATE PAYGO SCORECARDS.—The budg- WORKS ‘‘(3) CONTINUED APPLICABILITY OF BASE PRO- etary effects of division A, subdivision 2 of DUCTION HISTORY.—A production history es- division B, and division C and each suc- The Committee on Environment and tablished for a dairy operation under para- ceeding division shall not be entered on any Public Works is authorized to meet graph (1) shall be the base production history PAYGO scorecard maintained for purposes of during the session of the Senate on for the dairy operation in subsequent years section 4106 of H. Con. Res. 71 (115th Con- Wednesday, February 7, 2018, at 9:30 (as adjusted under paragraph (2)).’’. gress). a.m., to conduct a hearing on the nomi- (4) PREMIUMS FOR MARGIN PROTECTION PRO- (c) CLASSIFICATION OF BUDGETARY EF- nation of Andrew Wheeler, of Virginia, GRAM.—Section 1407 of the Agricultural Act FECTS.—Notwithstanding Rule 3 of the Budg- of 2014 (7 U.S.C. 9057) is amended— et Scorekeeping Guidelines set forth in the to be Deputy Administrator of the En- (A) in subsection (b)— joint explanatory statement of the com- vironmental Protection Agency. (i) by striking the subsection heading and mittee of conference accompanying Con- COMMITTEE ON ENVIRONMENT AND PUBLIC inserting the following: ‘‘TIER I: PREMIUM ference Report 105–217 and section 250(c)(8) of WORKS PER HUNDREDWEIGHT FOR FIRST 5,000,000 the Balanced Budget and Emergency Deficit The Committee on Environment and POUNDS OF PRODUCTION.—’’; Control Act of 1985, the budgetary effects of Public Works is authorized to meet (ii) in paragraph (1), by striking ‘‘4,000,000’’ division A, subdivision 2 of division B, and during the session of the Senate on and inserting ‘‘5,000,000’’; and division C and each succeeding division shall (iii) in paragraph (2)— not be estimated— Wednesday, February 7, 2018, at 10 a.m., (I) by striking ‘‘$0.010’’ and inserting (1) for purposes of section 251 of such Act; to conduct a hearing entitled ‘‘The Im- ‘‘None’’; and pact of Federal Environmental Regula- (II) by striking ‘‘$0.025’’ and inserting (2) for purposes of paragraph (4)(C) of sec- tions and Policies on American Farm- ‘‘None’’; tion 3 of the Statutory Pay-As-You-Go Act ing and Ranching Communities.’’

VerDate Sep 11 2014 06:57 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S792 CONGRESSIONAL RECORD — SENATE February 7, 2018 COMMITTEE ON FOREIGN RELATIONS SUBCOMMITTEE ON EMERGING THREATS AND ceedings be approved to date, the time The Committee on Foreign Relations CAPABILITIES for the two leaders be reserved for their is authorized to meet during the ses- The Subcommittee on Emerging use later in the day, and morning busi- sion of the Senate on Wednesday, Feb- Threats and Capabilities of the Com- ness be closed; finally, that following ruary 7, 2018, at 4:30 p.m. to conduct a mittee on Armed Services is authorized leader remarks, the Senate resume hearing. to meet during the session of the Sen- consideration of the House message to ate on Wednesday, February 7, 2018, at accompany H.R. 695, with the time COMMITTEE ON FOREIGN RELATIONS 2:30 p.m., to conduct a hearing. until the cloture vote equally divided The Committee on Foreign Relations SUBCOMMITTEE ON PUBLIC LANDS, FORESTS AND between the two leaders or their des- is authorized to meet during the ses- MINING ignees. sion of the Senate on Wednesday, Feb- The Subcommittee on Public Lands, The PRESIDING OFFICER. Without ruary 7, 2018, at 5 p.m. to conduct a Forests and Mining of the Committee objection, it is so ordered. hearing entitled ‘‘Turkey and the Way on Energy and Natural Resources is au- f Ahead.’’ thorized to meet during the session of COMMITTEE ON HOMELAND SECURITY AND the Senate on Wednesday, February 7, ADJOURNMENT UNTIL 10:30 A.M. GOVERNMENTAL AFFAIRS 2018, at 10 a.m., to conduct a hearing. TOMORROW The Committee on Homeland Secu- f Mr. MCCONNELL. Mr. President, if rity and Governmental Affairs is au- APPOINTMENT there is no further business to come be- thorized to meet during the session of The PRESIDING OFFICER. The fore the Senate, I ask unanimous con- the Senate on Wednesday, February 7, Chair announces, on behalf of the sent that it stand adjourned under the 2018, at 10 a.m., to conduct a hearing Democratic leader, pursuant to the previous order. entitled ‘‘Reauthorizing DHS: Posi- provisions of Public Law 93–112, as There being no objection, the Senate, tioning DHS to Address New and amended by Public Law 112–166, and at 11:44 p.m., adjourned until Thursday, Emerging Threats to the Homeland.’’ further amended by Public Law 113–128, February 8, 2018, at 10:30 a.m. SPECIAL COMMITTEE ON AGING the appointment of the following to f serve as a member of the National The Special Committee on Aging is CONFIRMATIONS authorized to meet during the session Council on Disability: Andres J. of the Senate on Wednesday, February Gallegos of Illinois. Executive nominations confirmed by 7, 2018, at 9:30 a.m., to conduct a hear- f the Senate February 7, 2018: ing entitled ‘‘From Joint Pain to Pock- CORPORATION FOR NATIONAL AND COMMUNITY ORDERS FOR THURSDAY, SERVICE et Pain: Cost and Competition Among FEBRUARY 8, 2018 Rheumatoid Arthritis Therapies.’’ BARBARA STEWART, OF ILLINOIS, TO BE CHIEF EXECU- Mr. MCCONNELL. Mr. President, I TIVE OFFICER OF THE CORPORATION FOR NATIONAL SUBCOMMITTEE ON AIRLAND ask unanimous consent that when the AND COMMUNITY SERVICE. The Subcommittee on Airland of the Senate completes its business today, it DEPARTMENT OF HEALTH AND HUMAN SERVICES Committee on Armed Services is au- adjourn until 10:30 a.m., Thursday, BRETT GIROIR, OF TEXAS, TO BE MEDICAL DIRECTOR IN THE REGULAR CORPS OF THE PUBLIC HEALTH SERV- thorized to meet during the session of February 8; further, that following the ICE, SUBJECT TO THE QUALIFICATIONS THEREFOR AS the Senate on Wednesday, February 7, prayer and pledge, the morning hour be PROVIDED BY LAW AND REGULATIONS, AND TO BE AN ASSISTANT SECRETARY OF HEALTH AND HUMAN SERV- 2018, at 3:30 p.m., to conduct a hearing. deemed expired, the Journal of pro- ICES.

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HONORING DEBBIE AND DONALD for establishing the Santa Paula Times, a local COMMENDING NORTH JERSEY JOHNSON journalistic institution that will not soon be for- MAYORS AND COUNCILMEMBERS gotten. HON. JULIA BROWNLEY HON. JOSH GOTTHEIMER OF CALIFORNIA f OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HONORING MIKE LOVE OF THE Wednesday, February 7, 2018 BEACH BOYS Wednesday, February 7, 2018 Ms. BROWNLEY of California. Mr. Speaker, Mr. GOTTHEIMER. Mr. Speaker, I rise today I rise to recognize the countless con- today to commend the mayors of Sussex and tributions of Debbie and Donald Johnson and HON. DARRELL E. ISSA Warren Counties, who convened last month the mark they have made on their community for my Fifth District Mayors Summit. I’m proud OF CALIFORNIA in Santa Paula, California. For a quarter of a to stand shoulder-to-shoulder with these lead- century, Debbie and Donald have tirelessly IN THE HOUSE OF REPRESENTATIVES ers to save taxpayer dollars, invest in critical served the City of Santa Paula and its resi- infrastructure, improve rural broadband Wednesday, February 7, 2018 dents by chronicling the community’s news connectivity, and provide law enforcement and and happenings. Mr. ISSA. Mr. Speaker, I rise today to honor firefighters with the resources they need to Santa Paula residents since 1979, Debbie Mike Love, a founding member of The Beach protect our communities. and Donald Johnson founded the twice-weekly Boys, one of the most popular rock groups in In North Jersey, we are paying far too much Santa Paula Times in 1993, following the clo- history. Love has spent an extraordinary fifty- in taxes and getting far too little in return. My sure of the 105-year-old Santa Paula Daily five years and counting as the group’s lead District pays some of the highest taxes in the Chronicle, of which Donald was the publisher singer and one of its principal lyricists, with nation, yet we receive only 33 cents back for and Debbie was the office manager. Together thirteen Gold albums, fifty-five Top 100 sin- every dollar we send to Washington. Compare they published the Santa Paula Times for 25 gles, and four number-one hits. He has re- that rate to that of the ‘‘Moocher States’’ in- years, never missing an issue. ceived an Ella Award for his songwriting and, cluding Mississippi, whose citizens receive The numerous accolades they have re- as a member of The Beach Boys, is a mem- $4.38 back for every dollar they send to D.C. ceived over the years are a testament to their ber of the Rock and Roll Hall of Fame, the These states are giving themselves relief and civic virtue. Debbie and Donald Johnson have California Hall of Fame, the Vocal Group Hall sticking New Jersey with the bill. We must continue working hard at the local been honored as the 2015 Citizens of the of Fame and he has received a Grammy Life- level to stop New Jersey from becoming Year by the Santa Paula Chamber of Com- time Achievement Award. merce; the 2015 Jesse Victoria Business of America’s piggy bank. With the new chal- the Year Award by the Latino Town Hall; and The Beach Boys, from their California roots lenges created by the recently passed Tax the 1994 and 2009 Business of the Year to their international fame, are a unique Amer- Hike Bill, we have to be more creative than Award; as well as the 1991 Good Practices ican story, one of overnight success, age- ever in bringing federal dollars to the District Award by the Santa Paula Chamber of Com- defying longevity, musical genius and spiritu- and fighting for federal grants to boost our re- merce. ality. Mike Love is the only band member to turn on investment. Our mayors have already In addition, Donald is a veteran of the Viet- be part of it each and every step of the way. seen record successes in earning grants that nam War, serving in the United States Army It’s an American story of how a sheet metal support our cops, firefighters, and towns. For from 1968 to 1970. For his distinguished serv- apprentice became the quintessential front example, in Wantage Township, the Fire De- ice, he received the Bronze Star, the National man for one of America’s most successful partment received $102,000 in federal funds Defense Medal, the Vietnam Service Medal, rock bands, singing in more than 5,600 con- for safety and operations through the Depart- the Vietnam Campaign Medal, the Army Com- certs in twenty-six countries. ment of Homeland Security’s Assistance to mendation Medal, and the Good Conduct Love wrote the lyrics for pop classics such Firefighters Grant (AFG) program—the first Medal. Donald continued his public service by as ‘‘Good Vibrations,’’ ‘‘California Girls,’’ AFG grant awarded to Wantage in thirteen serving two terms on the Santa Paula City ‘‘Surfin’ USA,’’ and ‘‘Kokomo.’’ Mike’s partner- years. Council and was appointed as mayor twice. ship with his cousin Brian Wilson has few In Belvidere, the town received more than Debbie Johnson was president of the Down- equals in American pop music, though Mike $1 million in federal excess equipment pro- town Merchants Association, which staged the has carved out a legacy of his own. He co- grams—more than $857 per family—through annual Hot Summer Jazz and Art. Both Don- wrote the lyrics to eleven of the twelve original which the Police Department and Department ald and Debbie are co-founders of the Citizens Beach Boys songs that were Top 10 hits while of Public Works received equipment. That Patrol and founding directors of the Santa providing the lead vocals on ten of them. The equipment included fifteen workstation com- Paula Police and Fire Foundations, and band’s unprecedented durability also provides puters, a network server, trucks, trailers, and Debbie has been a leading force for the an- a glimpse into America’s changing cultural six generators that can function as an electric nual Moonlight at the Ranch fundraiser that mores over the past half century. power plant and provide electricity to the Fire benefits public safety organizations in the re- Department, Police Department, and two gion. Mike’s latest solo album, ‘‘Unleash the storm shelters in the event of a major storm. Debbie and Donald Johnson strongly sup- Love,’’ was released in November 2017 with Our work together is about fighting for North port many charitable activities in Santa Paula his hope that ‘‘if we all can unleash whatever Jersey and helping our residents reduce their and have been lauded for their steadfast com- love inside of us, we can collectively make this tax burden. mitment to organizations including the Santa world better.’’ His memoir, Good Vibrations: I am leaving no stone unturned in clawing Paula Chamber of Commerce, the Boys & My Life as a Beach Boy, released in 2016 and back federal resources for New Jersey and Girls Club of Santa Paula, the Santa Paula is a New York Times bestseller. hope that by shining a light on these public Optimist Club, and the Santa Paula Education A husband, a father, and an avid environ- servants, our mayors can build on their suc- Foundation. mentalist, Love’s life is as rich and layered as cess, and save more money for their towns For these reasons, it is my honor to recog- The Beach Boys’ harmonies themselves. Love and taxpayers. There is nothing partisan about nize Debbie and Donald Johnson for their has been married to his wife, Jacquelyne this; it’s just good for New Jersey. dedicated efforts in serving the Santa Paula Piesen, since 1994 and has eight children: This year, I am thankful for the fourteen community and embodying a level of civic en- Brian Love, Ambha Love, Michael Love, Jr., mayors and leaders who attended our summit, gagement and participation to which we Melinda Love, Summer Love, Christian Love, rolled up their sleeves, and put in the week- should all aspire. I thank Donald and Debbie Teresa Love and Hayleigh Love. end hours to help strengthen their towns:

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

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K07FE8.001 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E150 CONGRESSIONAL RECORD — Extensions of Remarks February 7, 2018 Hackettstown Mayor Maria DiGiovanni and colleagues who were changed by his life Since 2010 when menu labeling require- Andover Borough Mayor John Morgan and now mourn his loss. ments were placed into law FDA has worked Andover Township Mayor Janis McGovern f extensively with stakeholders to enact the law Allamuchy Mayor Keith DeTombeur in a manner that works for both consumers Mansfield Township Mayor Joseph Watters COMMON SENSE NUTRITION and businesses. Washington Borough Mayor Dave Higgins DISCLOSURE ACT OF 2017 Most recently, in November 2017, FDA pub- Hope Mayor Timothy McDonough lished additional guidance to help answer re- SPEECH OF Newton Mayor Wayne Levante maining questions related to compliance and Independence Mayor Robert Giordano HON. SHEILA JACKSON LEE ensure all covered establishments have the Allamuchy Deputy Mayor Elliott Koppel OF TEXAS tools they need to comply. Hackettstown Councilman Matt Engelau IN THE HOUSE OF REPRESENTATIVES H.R. 772, however, would require FDA to Hackettstown Councilman Jerry DiMaio Tuesday, February 6, 2018 expend significant resources to revise the final Hackettstown Councilman James Lambo menu labeling rule, leading to extensive Hackettstown Councilman Scott Sheldon Ms. JACKSON LEE. Mr. Speaker, I rise in delays and greater confusion given that many I thank them for their service. I am lucky to opposition to H.R. 772, the so-called ‘‘Com- businesses have already begun implementa- partner with this bipartisan group for the good mon Sense Nutrition Disclosure Act of 2017,’’ tion of the menu labeling requirements as they of the Fifth District. which would deprive American consumers of currently stand. f the full benefit of the Menu Labeling Rule pro- Under H.R. 772, changes to menu labeling mulgated by the Food and Drug Administration requirements would make access to informa- HONORING THE MEMORY OF scheduled to go into effect on May 7, 2018. tion on menu labels more difficult for con- PHILIP JOHN CARRIGAN, JR. The Menu Labeling Rule provides con- sumers. sumers with nutritional information on the Americans must be able to know what is in HON. BRADLEY SCOTT SCHNEIDER foods they purchase which is critically needed their food to make healthy choices. OF ILLINOIS given rates of obesity and diabetes at crisis Mr. Speaker, I strongly support the final rule IN THE HOUSE OF REPRESENTATIVES levels across the country. enacted by the Food and Drug Administration. Mr. Speaker, more than two-thirds of adults Wednesday, February 7, 2018 It was the result of a deliberate multi-year and one-third of children are considered to be process that included input from officials in the Mr. SCHNEIDER. Mr. Speaker, I rise today overweight or obese. food industry, government and public health. to honor Dr. Philip Carrigan, a dear friend and Additionally, on average, Americans con- This bill is unnecessary as the FDA’s recent extraordinary community leader, for his dedi- sume roughly one-third of their calories, and guidance already addresses the bill’s concern. cated service to Lake County as a lifelong ad- nearly half of their total food spending, on food Chain food service establishments have had vocate and volunteer. prepared outside the home. years to prepare for compliance with the re- It is hard to find a community organization For this reason, access to nutritional infor- quirements. or charity in Lake County not touched by Phil’s mation at the point of sale is an important tool Many of these establishments have already tireless activity. He worked closely with the for consumers to make informed nutrition deci- changed their menus in anticipation of the Waukegan Township-based transitional hous- sions. May 5, 2018 deadlines. ing programs for people experiencing home- Unfortunately, H.R. 772 will undo the impor- The May 7, 2018 deadline is actually the lessness at Eddie Washington Center House tant progress made to implement federal third extension of previous deadlines, dating and Staben House. He was also particularly menu labeling standards and will lead to con- back to December 1, 2016. dedicated to his regular Friday shift at the sumer and industry confusion. Consumers must be able to have all avail- PADS Lake County homeless shelter, and one Consumers deserve transparency and in- able information to make informed, healthy year even threw his birthday party there rather dustry deserves certainty, and the bill will lead choices for themselves and their families. than miss a week. to less of both. I urge all Members to vote against this ill- Phil was an active volunteer with local pris- Specifically, I oppose the bill because it: advised and anti-consumer measure. on reform groups, the John Howard Society 1. Increases consumer confusion and allows and Prisoner Visitation and Support, and deceptive portion sizes; f worked with the Coalition to Reduce Recidi- 2. Removes consumer’s right to information vism to help former inmates reintegrate into regardless of the location of purchase; IN RECOGNITION OF THE SERVICE and succeed in society after serving their time. 3. Removes the American people and the OF MR. THOMAS COREY In 2005, Phil was elected as a trustee of the FDA’s ability to ensure compliance; and College of Lake County Board, where he 4. Delays needed transparency and undoes HON. BRIAN J. MAST served two six-year terms. CLC board Chair- years of work by the FDA. OF FLORIDA man Richard Anderson described Phil as, ‘‘a Current law requires menu boards to display IN THE HOUSE OF REPRESENTATIVES dedicated supporter of CLC’s students, a calorie information for foods in portions that Wednesday, February 7, 2018 strong advocate for the Waukegan community people would realistically be expected to eat. and a person of extreme integrity.’’ However, H.R. 772 would permit establish- Mr. MAST. Mr. Speaker, I dedicate my time The Faith Food Pantry in Zion, the Lake ments to display misleading calorie counts, today to a man, who as a resident of Jupiter, County Community Action Project, the CEASE such as by listing a single sandwich as ‘‘4 Florida, I am honored to represent in Con- FIRE Advisory Council, the Lake County servings.’’ gress. His name is Mr. Thomas Corey, a NAACP board, and many other organizations H.R. 772 removes the requirement that decorated Vietnam hero who proudly served benefited from Phil’s activism as well. menu labeling be available at all points of pur- our country as a combat infantryman. Professionally, Dr. Carrigan began his ca- chase. During the 1968 Tet Offensive, he received reer as a pharmacist in Boston. He later In a business sells 51 percent of sales on- an enemy round in the neck that hit his spinal moved to Lake County in 1974 to begin work line, restaurants would not be required to pro- cord, leaving him paralyzed and a quadriplegic with Abbott Laboratories, where he worked for vide nutritional information to the remaining 49 for life. But this did not stop him from dedi- 30 years, primarily in pharmaceutical research percent of consumers. cating his life and work to our veterans, and and development. In recognition of his impor- Consumers should not lose access to nutri- our country. tant contributions to the field, Dr. Carrigan was tional information based on where they decide Since then, he has done extraordinary work: inducted into the Volwiler Society at the com- to purchase their meal. he has served on many Advisory Boards with pany. This bill removes the responsibility of busi- local governments, and with the VA Medical Phil will be remembered for his big heart nesses to certify they remain compliant with Centers in West Palm Beach and Miami, the and sage wisdom, and as a friend and sup- menu labeling requirements and shields estab- VA Research Foundation of Palm Beaches, porter of all those in the Lake County commu- lishments from any civil lawsuits for non- VSIN 8 Management Assistance Council, nity. He will be missed by the many people compliance. Friends of Veterans Board, Friends of Fisher whose lives were touched by his service. This removes important tools to hold busi- House Board, as President of the Vietnam I extend my sincerest condolences to Phil’s nesses accountable and ensure Americans re- Veterans Peace Initiative, and as the founding wife Mary Clare Jakes; daughter Erin ceive the transparency they want and deserve president of the Vietnam Veterans of Amer- Carrigan; and the many other family, friends, when eating out. ica’s Palm Beach County Chapter.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K07FE8.003 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 7, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E151 Mr. Corey has even returned to Vietnam 16 member of his church and frequently visits tration. His economic policies offer dim pros- times since 1994, representing the Vietnam state prisons to speak with incarcerated indi- pects for African Americans and other commu- Veterans of America’s Veterans Initiative pro- viduals on how to prevent alcoholism. nities of color. gram dedicated to recovery efforts for our Contreras’ story demonstrates the power of The President’s lopsided tax cut transferred Vietnam Prisoners of War and those Missing the American Dream and the persistent, entre- massive amounts of wealth to those who are in Action, as well as to studies on the health preneurial spirit of our immigrant community. already wealthy at the expense of everyone effects of Agent Orange. In that capacity, he Thank you Daniel Contreras for your contribu- else. The tax cuts add at least $1.5 trillion to met with top Vietnamese and Laos leaders, tions to Tucson, and I look forward to enjoying the national deficit, with likely offsets to earned leaders and members of the Veterans Asso- a James Beard award-winning Sonoran hot- benefits and social safety net programs like ciation of Vietnam, U.S. Ambassadors, and dog. Medicare, Medicaid, and SNAP—programs the Joint Task Force-Full Accounting in Viet- f many families depend on. The cuts rob the nam and Laos. For these extraordinary efforts, American people of resources that could put ECONOMIC JUSTICE IN THE BLACK he was nominated for the Nobel Peace prize. people to work building infrastructure, or be in- COMMUNITY He was also the first recipient of the Vietnam vested in public education, child care, and health care. Veterans of America’s Commendation Medal, SPEECH OF the VV A’s highest award for service to vet- Trump’s first year budget was equally alarm- erans, their families, and the community. HON. MARCIA L. FUDGE ing. Proposed cuts to the Minority Business He is also a member of the Paralyzed Vet- OF OHIO Development Agency, Community Develop- erans of America, the Military Order of the IN THE HOUSE OF REPRESENTATIVES ment Block Grants, and the Economic Devel- Purple Heart, Disabled American Veterans, Monday, February 5, 2018 opment Administration, among countless oth- ers, will almost certainly diminish the ability of American Legion, Veterans of Foreign Ms. FUDGE. Mr. Speaker, during the State Wars,1st Cavalry Association and the National underserved communities to get ahead . of the Union speech last week, many of us did These are not the actions of an Administra- Association of Uniformed Services. not applaud the President as he assumed re- tion interested in helping all Americans. It is To this day, Mr. Corey is still fighting for his sponsibility for the lowest rate of Black unem- fellow veterans, serving as Ombudsman and time the Trump Administration and Repub- ployment ever recorded. The simple truth is licans in Congress start acting on behalf of all Program Specialist with the Director’s Office at that while Black unemployment reached its Americans, and not just a few. It is time to the West Palm Beach VA. I can’t think of any- lowest level in decades, the rate has been in turn words, cheers, and applause into mean- one who has given more for his comrades, steady decline for the last seven years, a ingful action and help ensure economic justice and for his country, than Mr. Thomas Corey, credit to the Obama Administration President for all. and I could not be prouder to represent him in Trump so often maligns. f Congress. It is also true that while gains have been f made, the Black unemployment rates fall short CELEBRATING 75 YEARS OF MERCIER ORCHARDS EL GU¨ ERO CANELO WINS JAMES of that for White workers. The President has BEARD AWARD failed to acknowledge that just in the last month, Black unemployment jumped nearly a HON. DOUG COLLINS ´ full percentage point, from 6.8 percent to 7.7 OF GEORGIA HON. RAUL M. GRIJALVA percent, and continues to be nearly double IN THE HOUSE OF REPRESENTATIVES OF ARIZONA that of White workers. Wednesday, February 7, 2018 IN THE HOUSE OF REPRESENTATIVES If Black unemployment figures were the Mr. COLLINS of Georgia. Mr. Speaker, I Wednesday, February 7, 2018 overall national figures, the country would be facing or nearly facing an economic recession, rise today in celebration of Mercier Orchards’ Mr. GRIJALVA. Mr. Speaker, I rise today to Yet, this Administration’s policies continue to 75th anniversary, which took place on January honor and congratulate Daniel Contreras, the take aim at too many of us, especially African 19. owner of the famed El Gu¨ero Canelo res- In 1943, Bill and Adele Mercier acted on Americans and other communities of color. their dream to own a homegrown apple or- taurant for receiving a James Beard Award for Black unemployment has consistently been chard by purchasing a 27-acre plot of land in his world-famous Sonoran hot dog. El Gu¨ero about double that of white employment. Sadly, Fannin County. What began as an apple or- Canelo won this prestigious award in a special other statistics mirror what amounts to a per- chard, though, eventually grew to include a category called ‘‘American Classics,’’ which sistent racial wealth divide: honors restaurants that are ‘‘cherished for 90 percent of White households live above market, winery, restaurant, and wedding quality food that reflects the character of the the poverty line compared to 75 of Black venue. Four generations and 75 harvests later, community.’’ I cannot think of a better choice households; that reflects the cuisine and culture of Tucson. 71 percent of White households are home- Mercier Orchards has grown into one of Geor- Contreras’ restaurant, El Gu¨ero Canelo, is owners compared to 41 percent of Black gia’s top destinations for our state’s booming emblematic of the merging of Mexican and households; and agritourism industry. Each year brings in over American culture that makes Tucson so spe- In 2016, white families had a median net 600,000 visitors from across the country, and cial. The restaurant has a storied history in the worth of $171,000, compared with $17,600 for the company now ships its apples, fried pies, region and is representative of how one immi- Black families. and other delicious treats to people around the grant from Mexico with hard work, dedication, There is no doubt the persistent wealth dis- world. and drive can achieve the American Dream. parity is rooted in federal policies that build Mercier Orchards’ continued success attests Born in Magdalena, Sonora, Mexico, and preserve the racial wealth divide since the to the strength of this family-run business. By Contreras experienced the trials of economic institution of slavery. The Social Security Act encouraging each other through the poor har- hardship, spending his days playing baseball of 1935 provides just one example. The Act’s vests, the Mercier family was able to per- while dreaming of a professional career. Like passage laid the groundwork to aid the elderly severe together, using their business to make so many before him, Contreras left his native after the Great Depression. Yet, the Act ex- a positive impact on northeast Georgia. Mexico for Tucson, Arizona in search of a bet- cluded about one-third of all American work- I congratulate Mercier Orchards on 75 fruit- ter life and lured by the promise of the Amer- ers, including farmworkers and domestic work- ful years and wish the family the best as they ican Dream. He worked long hours as a dish- ers—who were predominately people of color. continue to celebrate this milestone. washer in local restaurants until he decided to For African Americans, the cost of exclusion f take a risk and open up a hot dog stand in from the Social Security Act of 1935 resulted HONORING THE LIFE OF RABBI 1993, which became the birthplace of the leg- in a loss of benefits totaling $143.2 billion in ISAIAH ZELDIN endary El Gu¨ero Canelo. From that tiny hot 2016 dollars. dog stand, his business has grown to include Similarly, federal housing policies from 1934 HON. BRAD SHERMAN three restaurants in Tucson and one in Phoe- to 1968, which sought to make homeowner- OF CALIFORNIA nix. ship accessible to more families, shut out IN THE HOUSE OF REPRESENTATIVES In addition to his immeasurable contribu- black families from homeownership through tions to the gastronomy of Tucson, Contreras the practice of redlining. Wednesday, February 7, 2018 is an upstanding member of the community, Unfortunately, the racial wealth gap shows Mr. SHERMAN. Mr. Speaker, I rise today dedicated to serving others. He is an active no sign of letting up under the Trump Adminis- along with my colleagues Congressman TED

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LIEU, Congressman ADAM SCHIFF, and Con- nothing to do with recognizing our first re- HONORING SIMEON BOOKER gressman LEE ZELDIN to pay tribute to the vi- sponders. In fact, the version of H.R. 1892 the sionary Rabbi Isaiah Zeldin, who passed away House will consider under H. Res. 727 denies at the age of 97. our first responders the certainty they deserve HON. BARBARA LEE Rabbi Zeldin was the founder and spiritual by providing them just 43 days of federal fund- OF CALIFORNIA leader of Stephen Wise Temple. ing. IN THE HOUSE OF REPRESENTATIVES Stephen Wise Temple is located on an 18- acre mountain between the San Fernando Discord and delay is no way to run our gov- Wednesday, February 7, 2018 ernment. Instead of playing political games, it Valley and the Westside of Los Angeles. The Ms. LEE. Mr. Speaker, I rise today to honor is time that Republicans join Democrats to Temple started in 1964 with just 35 families the extraordinary life of Simeon Booker, who and grew into one of the largest Reform Jew- reach a bipartisan budget agreement that passed away on December 10 at the age of ish synagogues and schools in the world. keeps our government open, protects our na- 99. Rabbi Zeldin transformed Jewish education tional security, and meets our commitments to Simeon Booker was a trailblazer for African in Los Angeles as an advocate for building hardworking families. Americans in journalism, becoming the first Jewish day schools in the Reform movement. black reporter at The Washington Post before Thousands of students have now been edu- f continuing his distinguished career as the cated at the Temple’s educational venues Washington Bureau Chief of Jet and Ebony which came to include a pre-school, elemen- HONORING THE CITY OF BEDFORD magazines. tary school, high school, and religious school. FOR PROVIDING EARLY CANCER Rabbi Zeldin was known for speaking from DETECTION SCREENING TO ITS Simeon’s tireless dedication to uncovering his heart on the pulpit, usually without any FIREFIGHTERS the truth and seeking justice was pivotal to the notes. He was a champion for issues ranging civil rights movement. In 1955, Simeon trav- from access to education, affordable housing, eled to Mississippi, and his story on the brutal and support for the state of Israel. Rabbi HON. KENNY MARCHANT murder of Emmett Till sent reverberations of Zeldin inspired in future generations a desire shock, anger, and pain throughout the country. OF TEXAS to care for others and set an example of inclu- Later in the 1960s, Simeon’s time with the siveness by welcoming Jews of all denomina- IN THE HOUSE OF REPRESENTATIVES Freedom Riders drew attention to the great tions, as well as non-Jews to the synagogue. dangers faced by civil rights activists and The Los Angeles community mourns the Wednesday, February 7, 2018 shined light on their hope and courage for change. loss of its Rabbi, leader, teacher, mentor, and Mr. MARCHANT. Mr. Speaker, I rise today Throughout his life, Simeon fought hard to friend. We give thanks for the incredible leg- to recognize the extraordinary leadership of bring voice to narratives that might otherwise acy he leaves behind and for his many con- the City of Bedford for being the first city in tributions to our community and the Jewish have been covered over and lost, and his the United States to provide early cancer de- People. words have galvanized change. tection blood testing to its fire department. We send our sincerest condolences to I have always looked to Simeon as a role Rabbi Zeldin’s children, Joel and Karen, and According to the International Association of model and leader in fighting for freedom and Michael and Terry; his brother, Bernard; his Firefighters, cancer is now the leading cause equality. I am deeply honored to have consid- grandchildren, Sivan and Igor, Sasha and of death among firefighters. During fire sup- ered him a friend and to have learned from his Dustin, Oren and Noga, Gabe, and Noam; and pression and overhaul activities, firefighters compassion, bravery, and fierce love for oth- his great-grandchildren, Eytan, Ilan, Alina, may be exposed to smoke and other byprod- ers. Liam, Stav, Evan and Ido. ucts of combustion, many of which contain I offer my sincerest condolences to the fam- f known carcinogens. The Centers for Disease ily and friends of Simeon Booker. PERSONAL EXPLANATION Control and Prevention estimate that fire- fighters have a 14 percent higher rate of can- f cer incidence as compared to the general pop- HONORING PETER MCINTOSH HON. TIMOTHY J. WALZ ulation. OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES For departments across the country, these are more than just statistics; it is a reality that HON. DOUG COLLINS Wednesday, February 7, 2018 firefighters and their loved ones feel acutely. OF GEORGIA Mr. WALZ. Mr. Speaker, I was absent for After experiencing firsthand the losses of both IN THE HOUSE OF REPRESENTATIVES Roll Call No. 60 (on the Motion to Concur in retired and active firefighters due to cancer, the House Amendment to Senate Amendment the City of Bedford took action. Earlier this Wednesday, February 7, 2018 to H.R. 1892—Further Extension of Continuing year, the Bedford City Council—working with Mr. COLLINS of Georgia. Mr. Speaker, I Appropriations Act, 2018). Had I been present, the Bedford Professional Firefighter’s Associa- rise today to recognize Rabun County’s Peter I would have voted No. tion and Fire Chief Sean Patrick Fay—voted to McIntosh, a northeast Georgia photographer f provide early cancer detection blood testing to who has dedicated years to producing scenic PROVIDING FOR CONSIDERATION the fire department. With this test, Bedford snapshots of our mountain home. OF SENATE AMENDMENT TO H.R. firefighters have an advanced tool to help de- Recently, the Georgia Council for the Arts 1892, HONORING HOMETOWN HE- tect the possible presence of cancer in its be- selected three of McIntosh’s photographs to ROES ACT ginning stages, giving them the best chance to hang in the state Capitol as part of its ‘‘Art of fight the disease. Georgia Ill: Celebrating Home’’ exhibit. The SPEECH OF The firefighters of Bedford put themselves at three photographs—‘‘Chattahoochee Head- waters,’’ ‘‘Tallulah Watershed Sunrise,’’ and tremendous risk day in and day out to ensure HON. BETTY McCOLLUM ‘‘Sunset—Blackrock Mountain State Park’’— OF MINNESOTA the safety of their community. I am profoundly were selected as part of the exhibit’s ‘‘North IN THE HOUSE OF REPRESENTATIVES encouraged by the implementation of the early Georgia’’ category, which represents 76 of the Tuesday, February 6, 2018 cancer detection screening program and am state’s counties. certain that this is the first of many steps we This year will mark the third year that Ms. MCCOLLUM. Mr. Speaker, I will vote no can take to enhance protection for our fire- McIntosh’s work has been selected for this on H. Res. 727 because of my strong objec- fighters. tions to the Republican majority’s refusal to do honor. Like his previous photographs, this Congress’ work on time and their rejection of Mr. Speaker, on behalf of the 24th Congres- year’s collection will take their place on the regular order for debate on critical national pri- sional District of Texas, I ask all my distin- walls of the Gold Dome, magnifying our state’s orities. guished colleagues to join me in honoring the natural beauty and cultural traditions. H. Res. 727 makes in order H.R. 1892. This outstanding and proactive leadership of the I stand with Governor Deal in congratulating bill is entitled the Honoring Hometown Heroes City of Bedford and the brave men and Peter McIntosh on his work and look forward Act, but in its current form this legislation has women of the Bedford Fire Department. to seeing the next sights he captures.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.006 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 7, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E153 HONORING BRIGADIER GENERAL day, February 5. Had I been present, I would perity on the global stage. His background in MICHELE K. LAMONTAGNE have voted yea on Roll Call votes 51 and 52. law and his natural talent for negotiating en- f sure that for him, success is inevitable. HON. MICHELLE LUJAN GRISHAM INTRODUCTION OF THE PRO- Carlos is a family man, and his success is OF NEW MEXICO TECTING INDEPENDENT CON- strongly supported by a strong, loving family IN THE HOUSE OF REPRESENTATIVES TRACTORS FROM DISCRIMINA- consisting of his wife Carmen and his children Wednesday, February 7, 2018 TION ACT Carlos Manuel, Isabella Alba, Juan Pablo, and Ms. MICHELLE LUJAN GRISHAM of New Felipe Andres. Mexico. Mr. Speaker, I rise today to acknowl- HON. ELEANOR HOLMES NORTON Mr. Speaker, on behalf of the United States edge Michele K. LaMontagne, who currently OF THE DISTRICT OF COLUMBIA Congress, I am privileged to congratulate Flor- serves as Chief of Staff for the New Mexico IN THE HOUSE OF REPRESENTATIVES ida State Representative, and my friend, Car- Air National Guard and was recently promoted Wednesday, February 7, 2018 los Trujillo on his appointment to serve as to Brigadier General. U.S. Ambassador to the Organization of the Brig. Gen. LaMontagne began her military Ms. NORTON. Mr. Speaker, today, I intro- American States. career as a student at the U.S. Air Force duce the Protecting Independent Contractors Academy in Colorado Springs. Right after from Discrimination Act to extend to inde- f graduation, she set in motion her interest in pendent contractors the same federal anti- aircraft and munitions maintenance during an discrimination protections enjoyed by employ- HONORING THE LIFE OF EMILY officer course at Chanute Air Force Base in Il- ees. My bill would extend the antidiscrimina- ANNE STAPLES TUTTLE linois. When she was being commissioned, tion protections of the following statutes, which she had to select the job she would eventually apply to employees, to independent contrac- like to do. After speaking with officers about tors: Title VII of the Civil Rights Act of 1964, HON. BETTY McCOLLUM the opportunities to lead as many people as the Age Discrimination in Employment Act of OF MINNESOTA possible, they recommended maintenance. 1967, Title I of the Americans with Disabilities Her assignments, over the last 24 years, Act, Section 505 of the Rehabilitation Act of IN THE HOUSE OF REPRESENTATIVES have taken her to South Carolina, Republic of 1973, and Title II of the Genetic Information Korea, Nevada, Colorado and finally Kirtland Wednesday, February 7, 2018 Nondiscrimination Act of 2008. Air Force Base in New Mexico. At each of In a Bureau of Labor Statistics 2005 anal- Ms. MCCOLLUM. Mr. Speaker, I rise today these bases, she served primarily in mainte- ysis of the American workforce, approximately to honor the life of Emily Anne Staples Tuttle. nance operations, eventually becoming a seven percent were considered independent Emily Anne passed away on January 13th at Maintenance Squadron Commander and a contractors. That number has surely only age 88. Born May 3, 1929, she is warmly re- Wing Inspector General for the New Mexico membered by her three children, Missy, Kath- Air National Guard. grown in the 13 years since that analysis with In 2012, Brig. Gen. LaMontagne served as the growth of the so-called ‘‘gig economy.’’ ryn, and Gregory, four stepsons and 16 grand- Director of Staff for the New Mexico Air Na- These workers, who often do the same work children and step-grandchildren as a beloved tional Guard, was promoted to Director of as employees, have almost none of the pro- wife, mother and grandmother. Emily Anne’s Support, Maintenance Group Commander and tections guaranteed to employees, including family and many friends will gather on Feb- today serves as Chief of Staff. Her responsibil- health insurance, collective bargaining, retire- ruary 12th, to celebrate her remarkable life ities include planning and executing employ- ment security and even antidiscrimination. My and legacy. ees during contingency and domestic oper- bill focuses only on the employment discrimi- Emily Anne was also a bold community ations in federal and state emergencies and nation, such as discrimination based on race, leader who led by example. After a career in developing positions and recommendations on age and gender, from which every worker is business, she became the first woman mem- issues, including mission requirements, place- entitled to be free. ber of the Democratic Farmer Labor Party to ment of units and future missions. I strongly urge my colleagues to support this be elected to the State Senate in 1976. As a Throughout her career, Brig. Gen. legislation. legislator, she distinguished herself as a trail- LaMontagne has received many awards and f blazer for gender equality and a champion for decorations including a Meritorious Service RECOGNIZING THE APPOINTMENT underserved communities. Following her legis- Medal, an Air Force Commendation Medal, a OF REP. CARLOS TRUJILLO TO lative service, she was elected as a Hennepin National Defense Service Medal and a Global SERVE AS U.S. AMBASSADOR TO County Commissioner, served as a candidate War on Terrorism Service Medal. for Lt. Governor in 1990. Later she served as Brig. Gen. LaMontagne also works as a THE ORGANIZATION OF THE an advisor to Governor Jesse Ventura. business coach at Rio Grande, a Berkshire AMERICAN STATES Throughout her career in public service, she Hathaway Company, and specializes in project management, people development, human re- HON. MATT GAETZ demonstrated a steadfast commitment to ex- cellence in all she did. sources management, distribution operations, OF FLORIDA IT Strategy, and many other challenging IN THE HOUSE OF REPRESENTATIVES Her dedication to serving others continued areas. In both of her careers, she insists that Wednesday, February 7, 2018 long after her government service, and is de- the people that depend on her drive her to do fined by her drive to promote women, edu- her best. Mr. GAETZ. Mr. Speaker, today I rise to cation, health care and the arts. Among the I would like to congratulate Brig. Gen. recognize the appointment of my good friend, many institutions and organizations she Michele K. LaMontagne, one of very few Florida State Representative Carlos Trujillo, to helped to found and sustain were the first Min- women who have been bestowed with the serve as the United States Ambassador to the nesota Women’s Political Caucus, the first rank of Brigadier General, for her many years Organization of the American States. Women’s Institute for Social Change and the of service to our nation as a member of the In the Florida Legislature, Carlos serves as United Nations Association of Minnesota. She Air Force and her continued commitment as a the Chair of the Appropriations Committee and was active with numerous boards and organi- member of the New Mexico Air National Alternating Chair of the Joint Legislative Budg- zations, including the University of Minnesota, Guard. et Committee where he executes his kind ap- the Guthrie Theater and Abbot Northwestern f proach and strong leadership. I had the privi- Hospital Foundation. lege to serve alongside Carlos in the Florida PERSONAL EXPLANATION Legislature, and witnessed firsthand how his It was a pleasure to know and work with straightforward approach earned him respect Emily Anne. I valued our friendship and was HON. BETO O’ROURKE from both sides of the aisle. always grateful for the many kindnesses she OF TEXAS I was pleased to hear of his recent appoint- showed me and my fellow women elected offi- IN THE HOUSE OF REPRESENTATIVES ment by President Trump as Ambassador to cials. She truly was one of a kind and will be Wednesday, February 7, 2018 the Organization of the American States. I can deeply missed. Mr. O’ROURKE. Mr. Speaker, I was un- assure you that he will do well in advancing Mr. Speaker, please join me in honoring the avoidably absent from the Chamber on Mon- the American principles of freedom and pros- remarkable life of Emily Anne Staples Tuttle.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.012 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E154 CONGRESSIONAL RECORD — Extensions of Remarks February 7, 2018 IN HONOR OF THE REVEREND without the love and support of his late wife, tisan bill to dramatically improve the Social EARL WILLIAMS, JR. Faye, his five children, his nine grandchildren, Security Representative Payee program. We and the countless others who impacted his life have a responsibility to ensure that this sys- HON. SANFORD D. BISHOP, JR. over the years. tem is strong and fair to protect our vulnerable OF GEORGIA Mr. Speaker, I ask my colleagues to join citizens. In addition to the multiple improve- IN THE HOUSE OF REPRESENTATIVES me, my wife Vivian, and the more than ments in oversight and quality, I want to thank 730,000 residents of the Second Congres- Representatives LARSON and JOHNSON for in- Wednesday, February 7, 2018 sional District of Georgia in extending our grat- cluding provisions to improve the Rep Payee Mr. BISHOP of Georgia. Mr. Speaker, it is itude for the life and legacy of Reverend Earl program for foster youth for which I advo- with a heavy heart and solemn remembrance Williams, Jr. and our sincere condolences to cated. that I rise today to pay tribute to a distin- his family and friends during this difficult time. guished athlete, educator, spiritual leader, and I pray that we may all be comforted by an Currently, when foster youth receive Social dear friend of longstanding, Reverend Earl abiding faith and the Holy Spirit in the days, Security benefits because they are disabled or Williams, Jr. A memorial service will be held in weeks and months ahead. He leaves behind a their parent is deceased, disabled, or retired, his honor on Thursday, February 7, 2018 at great legacy in service to his beloved family it is common practice for State child welfare 11:00 a.m. at Disciples of Jesus Ministries lo- and to all those whose lives he touched agencies to take the children’s benefits for cated at 228 Augusta Avenue in Thomasville, through his kindness and generosity. state revenue rather than preserving these Georgia. funds for the youth’ s current or future needs. Earl was born in Thomasville, Georgia in f We have very poor understanding of who 1931, to the late Billy and Flossie Adams-Wil- RECOGNIZING ARLETTE GOMEZ serves as representative payees for foster liams. A product of Thomas County School AND GISELLE TOVAR youth and whether they conserve the funds for System, he graduated from Douglass High these youth. This bill requires long-overdue School in 1953 and went on to obtain a Bach- HON. DOUG COLLINS data coordination between the Social Security elor’s Degree in Social Science from Fort Val- Administration and state foster care programs. OF GEORGIA ley State University (then College) and a Mas- Requiring this data coordination is critical to ter’s Degree in Administration from Valdosta IN THE HOUSE OF REPRESENTATIVES ensuring that we know who is serving in the State University. Wednesday, February 7, 2018 important fiduciary role for foster youth. Right In 1953, he played baseball in the Negro Mr. COLLINS of Georgia. Mr. Speaker, I now, we have no clear understanding of the National League with Jacksonville Eagles be- number of foster youth with representative fore signing a professional contract with the rise today to recognize Arlette Gomez and payees, whether those payees are state agen- Brooklyn Dodgers in 1955, and playing in both Giselle Tovar, two students at Johnson High cies or family members, and whether the the Mid-Western and Pennsylvania Leagues. School in my home of Gainesville. Recently, After retiring from baseball, he became the as- these two young women put on an event for funds are conserved for foster youth or used sistant baseball coach at Fort Valley State local foster children in order to encourage fos- to plug holes in state budgets. University and a scout for the Baltimore Ori- ter children and families. Just last month, the Social Security Advisory oles. As members of the Family, Career, and Board recommended improving the Rep- In addition to being an admired athlete, Earl Community Leaders of America Club in their resentative Payee Program related to foster was also an influential educator. In 1971, he school, they wanted to take on a project that youth. The Board pointed out that state foster served as a teacher and later as the assistant would allow them to help children in the care agencies routinely are assigned automati- principal at Magnolia-Chappelle Middle School Gainesville area. After researching the coun- cally as the payee without any analysis if there (then Magnolia Junior High School), before ty’s foster care system, these two students de- is a better choice available. The Board high- being promoted to the role of principal in cided to work on a project that would prioritize lighted that there can be an inherent conflict of 1972. After the closing of the campus in 1990, foster children. interest in designating a state entity as payee he transitioned to Central Middle School, On January 20, Arlette and Giselle hosted given that the interests of foster care pro- where he served as the principal, until his re- ‘‘A Luau to Foster Joy’’ at Johnson High grams may conflict with the interests of the tirement in 2000. School, an event designed to cultivate friend- foster youth. The data required by this bill will A trailblazer offirsts, Earl was the first Afri- ships among the children in attendance . Addi- help Social Security better focus on payee de- can-American President of G.A.E. (Georgia tionally, the event helped raise awareness of termination for foster youth to ensure that the Association of Educators) of Thomas County, the county’s foster care system. payee will act in the best interest of the child. the first African-American City Commissioner In Hall County, there are currently 270 chil- of Thomasville in 1982 (re-elected in 1984), Further, it will provide data to help us under- dren in foster care with only 60 families willing stand how often state agencies are serving in the first African-American Mayor of Thomas- to welcome them into their homes. By hosting ville in 1986 (re-elected in 1988) and the first this capacity and how they are using these this event, Arlette and Giselle hope to inspire funds. To advance this understanding, the bill African-American Chairman of the Salvation more families to open their doors to children in Army. In addition to those milestones, when requires a GAO study on minor beneficiaries need. in foster care and their representative payees. he served our nation honorably in the United Northeast Georgia is proud to have students States Marine Corps (USMC) at Camp like Arlette and Giselle, who aspire to make a In addition, this bill protects foster youth Lejeune, he continued to play baseball and difference in our corner of the world. I wish from overpayment errors made by the state. became the first African-American to play on a these two young women the best as they con- Under current law, if an overpayment occurs USMC Base traveling team. He was also the tinue their studies and work to highlight the and the state foster care agency is the bene- Grand Inspector General of the S.P. Jones local foster care system. ficiary, the foster youth is responsible for re- Masonic Lodge No. 118 and a longtime mem- paying the overpayment. This bill includes a f ber of the Albany Alumni Chapter of Kappa protection so that if a state agency is the rep- Alpha Psi Fraternity, Inc. STRENGTHENING PROTECTIONS resentative payee and an overpayment is Furthermore, he received numerous awards FOR SOCIAL SECURITY BENE- made, the state and not the foster youth is re- including G.A.E. Administrator of the Year; FICIARIES ACT OF 2018 sponsible for the overpayment the state re- Salvation Army Man of the Year; an Honorary ceived. Doctor of Law Degree from Faith College; SPEECH OF NAACP; inductions into the Thomasville- These improvements are critical to improv- Thomas County Sports Hall of Fame, the Fort HON. DANNY K. DAVIS ing the representative payee program for vul- Valley State University Alumni Hall of Fame; a OF ILLINOIS nerable foster youth. I am grateful to Ranking Distinguished Service Award from Thomas- IN THE HOUSE OF REPRESENTATIVES Member LARSON and Chairman JOHNSON for ville/Thomas County Chamber of Commerce working to strengthen the Representative Monday, February 5, 2018 and Outstanding Service Award which I had Payee program to protect vulnerable citizens the pleasure of presenting to him. Mr. DANNY K. DAVIS of Illinois. Mr. Speak- and for including these significant protections Earl accomplished much throughout his life, er, I strongly commend Ranking Member LAR- and transparency provisions to support foster but none of this would have been possible SON and Chairman JOHNSON on their bipar- youth.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.017 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 7, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E155 TRIBUTE TO MARK ABERNATHY man of exceptional character and talent, and CONGRATULATING JIM WOODS ON his unparalleled 97 percent candidate victory RETIRING FROM HIS ROLE OF HON. KEVIN McCARTHY record serves as a simple testament to the PLATTSBURGH HIGHWAY SUPER- OF CALIFORNIA success he had in mastering his craft. INTENDENT IN THE HOUSE OF REPRESENTATIVES Perhaps most telling of Mark’s legacy are the many currently-serving elected officials Wednesday, February 7, 2018 whom he worked with and helped to shape, HON. ELISE M. STEFANIK Mr. MCCARTHY. Mr. Speaker, I rise today myself included. Many of my closest friends OF NEW YORK in remembrance of Mark Abernathy, an incred- and colleagues in the Central Valley—as well IN THE HOUSE OF REPRESENTATIVES ible individual, close friend and trusted con- as former Governor Schwarzenegger during fidant, and to celebrate his life and service to the gubernatorial recall campaign—worked Wednesday, February 7, 2018 our community in California’s Central Valley, with and listened to Mark in order to win their the great state of California, and our country. campaigns and serve the community and Ms. STEFANIK. Mr. Speaker, I rise today to Mark will be missed by so many that have country that has given so much to us all. Mark congratulate Jim Woods on retiring from his been influenced by his political acumen, his always stressed the importance of involving role as Plattsburgh Highway Superintendent. unparalleled wit, and his spirit and passion for our youth in politics and bringing a sense of For the past 30 years, Jim has been a dedi- his neighbors and community. He passed passion to all that one does. Mark’s political cated member and leader of the Plattsburgh away on January 27, 2018, and I know that talent made him incredible, but his devotion to Highway Department. Jim joined the depart- our community joins me in mourning this loss. God and ability to inspire faith in others is ment on January 4, 1988, and served as the Mark was born and raised in the Land of what made him exceptional. He never gave up Deputy Highway Superintendent for four years Lincoln, appropriate given that the principles of hope that goodness and God’s will would pre- before becoming the Highway Superintendent Abraham Lincoln was a seminal influence that vail with hard work and belief. in 2011. As Superintendent, Jim oversaw the would eventually shape much of Mark’s patri- The city of Bakersfield, Kern County and the year-round maintenance of over 90 miles of otism and worldview. From a young age, Mark State of California have lost a brilliant mind road, working to ensure safe travel for North learned the value of hard work and persever- and an integral citizen of the community, and Country residents. ance while growing up on the family farm with Judy and I have lost a treasured friend. His On behalf of New York’s 21st District, I his sister Jill, his brother Mike, and his cous- passing was a shock to those who knew him, would like to thank Jim for his three decades ins, growing corn and raising hogs. During that and we will miss his advice, humor, tenacity of hard work and dedication to his community, time, he developed an adoration for base- and character for years to come. But he will and wish him all the best in the years ahead. ball—and especially the St. Louis Cardinals— be remembered as a leader who inspired gen- that would remain with him for the rest of his erations of Republicans to fight for their prin- f life. Mark attended Western Illinois University ciples and beliefs and to remain bold in and paid his tuition fees by literally ‘‘singing for strengthening the ties among faith, family and RECOGNIZING THE LIFE OF FALL- his supper’’ as a guitar player and singer for community. On behalf of the House and the EN MISSISSIPPI SOLDIER MA- the ‘‘The Rising Sons,’’ a country western 23rd Congressional District of California, we RINE SERGEANT (SGT) DONNIE band that he was a member of all throughout remember the remarkable life of Mark Aber- LEO FORD LEVENS college. He graduated with degrees in agri- nathy and extend our most heartfelt condo- culture and biology and felt a call to serve his lences to his wife, Cathy, and daughters, Mar- country shortly after, joining the United States garet and Madeline. HON. TRENT KELLY Air Force during the Vietnam War and serving OF MISSISSIPPI as a Captain and electronic warfare officer f from 1968 to 1972. IN THE HOUSE OF REPRESENTATIVES The Air Force eventually brought Mark to HONORING EDWIN HAWKINS Wednesday, February 7, 2018 California, where he first uncovered a natural talent for campaigning and an interest in local HON. BARBARA LEE Mr. KELLY of Mississippi. Mr. Speaker, politics. While stationed at McClellan Air Force today I rise in memory of Marine Sergeant OF CALIFORNIA Base in Sacramento, he served as Chair of (Sgt) Donnie Leo Ford Levens who paid the the Fairlake Young Republicans Club, where IN THE HOUSE OF REPRESENTATIVES ultimate sacrifice while defending our great na- he met Cathy Swajian, who would become the Wednesday, February 7, 2018 tion on February 17, 2006, during Operation love of his life and inseparable partner while Enduring Freedom. Sgt Levens was killed Ms. LEE. Mr. Speaker, I rise today to honor raising two daughters and becoming a fixture when two CH–53E Sea Stallion helicopters the extraordinary life of Edwin Hawkins, who in Republican politics. crashed into the Gulf of Aden near Ras passed away on January 15th at the age of Bakersfield welcomed the Abernathys when Siyyan, northern Djibouti, while on a training 74. they moved in 1981, and Mark became in- mission in the Godoria Range area. volved in state and local politics through when An Oakland native, Edwin was a four-time Sgt Levens of Long Beach, MS, was as- he founded his political consulting firm, West- Grammy winner and gospel music trailblazer, signed to the Marine Heavy Helicopter Squad- ern Pacific Research, which would grow to in- whose work inspired generations and helped ron 464, Marine Air Group 29, 2nd Marine Air- fluence and create some of the most effective shape the contemporary Gospel music indus- craft Wing, II Marine Expeditionary Force, New Young Republican groups and elect many try. River, N.C. He was deployed to Djibouti as elected officials on the local, state, and na- His crossover hit, ‘‘Oh Happy Day’’, was part of the U.S.-led Combined Joint Task tional levels through grassroots political cam- featured in the hit movie ‘‘Sister Act 2’’, Force—Horn of Africa, a counterterrorism paigns. Mark was the type of person who reached No. 4 on the Billboard pop chart and force. Sgt Levens was an Aircraft Ordnance never gave up—whether that meant working No. 2 on the R&B pop chart. And in 2007, he Technician. all throughout the night to finalize and execute was voted into the Christian Music Hall of campaign messaging or strategy, or just walk- Fame. Sgt Levens’s mother Margaret and brother ing door to door to register voters and share Edwin was truly a man before his time. He Matt honored Sgt Levens by completing their his passion for community engagement. He was compassionate, caring, and never studies at Mississippi Gulf Coast Community adhered, and he made sure his campaigns wavered from his faith. College in 2006. Margaret Levens said adhered, to the values and principles en- I have known Ed for many years and he Donnie’s courage inspired her to go back to shrined in our Constitution and our nation’s was a source of inspiration for me personally. school and earn a degree. President George founding documents. Yet his great emphasis He always spoke words of encouragement W. Bush delivered the commencement ad- toward civic responsibility was only surpassed and like so many others, I am deeply grateful dress at the graduation ceremony held in Bi- by his devotion to his faith and to his family, for his love and kindness, which brought me loxi. President Bush praised Sgt Levens for never missing a softball game or the oppor- peace and joy over the years. his service and sacrifice. tunity to take his beloved daughters, Margaret I offer my sincerest condolences to the fam- Sgt Levens will be remembered for his cour- and Madeline, to a baseball game. He was a ily and friends of Edwin Hawkins. age and determination to keep America safe.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.020 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E156 CONGRESSIONAL RECORD — Extensions of Remarks February 7, 2018 REMEMBERING JOHN GADSDEN lowing World War II. He valued hard work, as the Bronze Star, Purple Heart, and Mis- THORNHILL personal relationships, and personal responsi- sissippi Medal of Valor. bility. He and his wife, Peggy founded the SGT Pugh’s Silver Star citation states, ‘‘Al- HON. MARK SANFORD Lucky Wishbone diner in Anchorage, Alaska in though in extreme pain, Sergeant Pugh di- OF SOUTH CAROLINA 1955, the same year McDonalds was founded rected treatment instructions to the members but in a much different environment, serving IN THE HOUSE OF REPRESENTATIVES of his platoon for both himself and Sergeant the best burgers, shakes and especially fried First Class Martin. He remained calm and con- Wednesday, February 7, 2018 chicken you could find anywhere. Sorry Ken- tinued to give instructions until the medical Mr. SANFORD. Mr. Speaker, it’s been said tucky, the Colonel had nothing on Mr. Brown. evacuation helicopter arrived. Sergeant Pugh that while every man must die, not every man George kept the very spirit of the Greatest passed away on route to the hospital; however gets to live. That choice that we all have in Generation alive up until his passing by ensur- his courage and disregard for his own welfare running to embrace life and all of its possibili- ing that generations of Alaskans had simple, resulted in saving the life of a fellow comrade ties is tragically a choice that many people handcrafted diner food that was unsurpassed who was severely wounded.’’ don’t make. This was never the case for John by any other restaurant. He also pioneered the SGT Pugh was assigned to the 1st Bat- G. His life was marked by the way that he fully ‘‘smoking ban’’ in Anchorage by banning talion, 155th Infantry Regiment, Mississippi lived it. He didn’t just sip life, or feel it at its smoking in the restaurant in 1991. George and Army National Guard, headquartered in edges, he drank it with gusto. Peggy’s place was home to so many of us. McComb, Mississippi. He enlisted in the Army It’s for that infectious smile of his that he’ll His smile and his infectious spirit could light in 1999 because he wanted to be a combat be missed. It’s for his enthusiasm of people, up a room and his sense of humor warmed medic. In the civilian world, SGT Pugh was a places, and circumstance that he’ll be missed. the restaurant where he was a fixture for over licensed paramedic and worked as a It’s for the high notes his voice would hit as he 60 years. phlebotomist for United Blood Services in Me- became more and more enthused in con- George was more than a restauranteur, he ridian. versation, teasing, and even an occasional was my friend. As a frequent patron of the SGT Pugh’s mother, Wilma Allen, said her heckling that was well deserved. Lucky Wishbone, I can speak to his service to son was her pride and joy. ‘‘I am very proud His love of the community showed in many customers and how he always cared for his of him. He was happy, outstanding, and out- ways. In a traditional sense, it was seen in his employees as though they were immediately going. He would do anything for anybody,’’ membership of things like the Mt. Pleasant family. He treated his staff like they were his said his mother. Rotary Club where he won the Service Above daughters and sons which meant everyone In a fitting tribute to this brave and caring Self Award in 1982–1983. His love of what made you feel at home when you visited the soldier, the National Guard Readiness Center makes our community special was marked by Lucky Wishbone. in Morton has been named in his honor. SGT his membership in things like the South Caro- George, Peggy and the Lucky Wishbone will Pugh is survived by his parents, Glen and lina Waterfowl Association. His love of the live in infamy in our hearts and souls. I hope Wilma Pugh, his stepfather, Gary Allen, and hunt was evidenced by awards like the Award that George’s sister Elaine, daughter Pat, son his siblings Tiffany Johnson, April Pearson, of Honor from Ducks Unlimited in 1979. Corky, and his grandchildren can take comfort Jennifer Reed, Brad Allen, and Dale Allen. The bottom line of both the traditional, and in the bond they have with George and the f the anything-but-traditional, that marked John legacy of the Lucky Wishbone. I also hope the G was that he loved Charleston, the precious memories of George will bring them TRIBUTE TO DEPUTY U.S. MAR- Lowcountry, and the people that make it spe- comfort, and that they will come to find, in the SHAL RICHARD ‘‘KIRK’’ BOWDEN cial. At times that would mean him regaling us lovely words of Hugh Robert Orr: with side-splitting stories out at Halidon Hill, ‘‘They are not dead who live in lives they HON. STEVE COHEN other times it meant he’d be charging through leave behind. In those whom they have OF TENNESSEE the woods and waters of the Lowcountry. He blessed, they live a life again, and shall live IN THE HOUSE OF REPRESENTATIVES would intersperse these pleasures with his through the years eternal life, and shall grow passion for bringing great food to others and each day more beautiful, as time declares Wednesday, February 7, 2018 what he created in Charleston Bay Gourmet. their good, forgets the rest, and proves their I remember getting a dinner from him over Mr. COHEN. Mr. Speaker, I rise today to immortality.’’ pay tribute to the late Memphis native Richard at the Mt. Pleasant Farmers Market, and Please join me in expressing heartfelt ap- watching him at work there at the food trailer K. ‘‘Kirk’’ Bowden, a deputy U.S. marshal who preciation for George and sympathies for his protected some of the most important Civil fit with what Dr. Martin Luther King said years Alaskan family. ago on passion in the work at hand. He cared, Rights pioneers of the 1960s. Mr. Bowden and it showed. f was one of a small group who protected John will be missed. I wish him the greatest James Meredith when he travelled off campus RECOGNIZING THE LIFE OF FALL- after integrating the University of Mississippi in of hunting in the great delta we will all one day EN MISSISSIPPI SOLDIER SER- see. He touched my life, just as he touched 1962. Bowden later guarded Dr. Martin Luther GEANT (SGT) ROBERT SHANE King, Jr. during the 1963 March on Wash- those of all who were lucky enough to spend PUGH time with him. So, accordingly, I ask that we ington at which he delivered his ‘‘I Have A observe a moment of silence in his honor. Dream’’ speech. HON. TRENT KELLY Mr. Bowden died January 20 at his home in f OF MISSISSIPPI Silver Spring, Maryland. He was 82. TRIBUTE TO GEORGE BROWN IN THE HOUSE OF REPRESENTATIVES Mr. Bowden was a graduate of Douglass High School in Memphis and attended what is HON. DON YOUNG Wednesday, February 7, 2018 now LeMoyne-Owen College before joining the U.S. Air Force criminal investigations divi- OF ALASKA Mr. KELLY of Mississippi. Mr. Speaker, sion from 1954 to 1958. He served as an offi- IN THE HOUSE OF REPRESENTATIVES today I rise in memory of Army Sergeant (SGT) Robert Shane Pugh who paid the ulti- cer with the Washington, D.C., Police Depart- Wednesday, February 7, 2018 mate sacrifice while defending our nation on ment before joining the Marshals Service, from Mr. YOUNG of Alaska. Mr. Speaker, I rise March 2, 2005, during Operation Iraqi Free- which he retired in 1987. He later returned on today in memorial to an Alaskan who dedi- dom III. SGT Pugh was a combat medic with contract until 2017. cated his life to his business and making his the Mississippi Army National Guard’s 155th I met Mr. Bowden several times through the customers feel as though they were in their Brigade Combat Team. He was mortally years at Douglass alumni events and appre- own living room having a meal with friends. wounded when an improvised explosive de- ciated his professionalism and commitment to On January 13, 2018, Alaska lost one of its vice detonated near his vehicle in the Douglass Red Devils. hardest working, most dedicated and adven- Iskandariyah, Iraq also wounding Sergeant I wish to pay my respects to Mr. Bowden turous fathers, Mr. George Brown. First Class Ellis Martin. SGT Pugh post- and thank his family for his long and dedicated George embodied the ‘‘Greatest Genera- humously received the Silver Star, the third- service to his community, his country and tion’’ that came to Alaska in the years fol- highest decoration for valor in combat, as well Douglass High.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.024 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 7, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E157 TRIBUTE TO JIM BALAMACI RECOGNIZING THE LIFE OF FALL- tion compared to their native-born peers, EN MISSISSIPPI SOLDIER MA- representing 17 percent of the overall work- RINE PRIVATE FIRST CLASS force, according to a new report by the Chi- cago Council on Global Affairs. HON. DON YOUNG (PFC) STEPHEN PHILLIP Examining the mushrooming demand in BALDWYN OF ALASKA one industry—home health—illustrates the crisis to come. Analysts expect 1.1 million of IN THE HOUSE OF REPRESENTATIVES these jobs to come online by 2026 as Amer- HON. TRENT KELLY ica’s population of seniors rises to 71.5 mil- Wednesday, February 7, 2018 OF MISSISSIPPI lion by 2030. Chicago, Columbus, Minneapolis IN THE HOUSE OF REPRESENTATIVES and Cleveland are already four of the top five Mr. YOUNG of Alaska. Mr. Speaker, I rise Wednesday, February 7, 2018 metropolitan areas with the highest employ- today in memorial to an Alaskan who dedi- ment levels for the occupation. But in a re- Mr. KELLY of Mississippi. Mr. Speaker, cated his life to the athletes, families, and gion that has lost nearly a quarter of its na- today I rise in memory of Marine Private First tive-born working-age population since 2000, Special Olympics Alaska. On February 1, Class (PFC) Stephen Phillip Baldwyn who where will the Midwest find new workers to 2018, Alaska lost a one-of-a-kind person, Mr. paid the ultimate sacrifice while defending our meet the demand? Jim Balamaci. Home health aides log long, physically de- great nation on May 9, 2005. PFC Baldwyn manding hours taking care of people who Many executive directors and presidents of was killed in an explosion, while he was con- cannot care for themselves and helping fami- non-profit organizations do a lot of good work. ducting combat operations in Nasser Wa Sa- lies who need extra hands to care for loved They encourage others to provide financial laam, Iraq. He was assigned to the 3rd Bat- ones. They bathe and feed ailing clients, talion, 8th Marine Regiment, 2nd Marine Divi- check vitals, monitor medications, and support to their cause, uplift the recipients of change bedpans and bedsheets. These jobs their work, and contribute greatly to their com- sion, II Marine Expeditionary Force, Camp Lejeune, North Carolina. are certainly not glamorous and decidedly munities. Jim however, was much more than hard to fill, given the physically—and emo- During his military service, he received the just another head of a non-profit organization tionally—challenging duties. Purple Heart, Combat Action Ribbon, National While many home health aides complete who did good work for the cause. Jim lived, Defense Service Medal, Iraq Campaign Medal, on-the-job training and hold professional breathed, and was Special Olympics Alaska. Global War on Terrorism Expeditionary Medal, certificates, the positions often require only His beloved organization was everything to Global War on Terrorism Service Medal, Navy a high school degree and no previous work him, and he fostered an infectious feeling in Sea Service Deployment, and Navy and Ma- experience, making them an accessible entry point into the U.S. labor force for immi- others to conduct themselves with the same rine Corps Overseas Service Ribbon. He was grants and refugees. faith, loyalty, and honest approach as he had. also awarded the Rifle Marksman badge. Yet these so-called ‘‘low-skilled’’ workers Mr. Speaker, I have a hard time knowing that PFC Baldwyn was born on May 7, 1986, in will prove difficult to replace if the pipeline Special Olympics and Alaska have lost this Saltillo, MS. He earned his Eagle Scout badge of immigrants suddenly slows. Home health aides earn a mean $23,840 annually in Illi- great man. Jim Balamaci ‘‘is’’ Special Olym- before graduating from high school in 2004 and leaving for boot camp. He was 19 years nois. Improved pay and benefits should be pics Alaska and it will never been the same top of employers’ to-do lists but may prove old at the time of his death. without him. futile in attracting aging U.S.-born workers, PFC Baldwyn is survived by his parents, particularly Midwesterners, who are closing Jim absolutely loved his colleagues and Danny and Stephanie Baldwyn. in on retirement themselves. those he served. His presence was a blessing. The sacrifice of this brave Marine will al- Yet the U.S. immigration system is in- The best part is that they loved and respected ways be remembered. creasingly hostile to the foreign-born talent him even more in return. needed to fill the gaps. The fast-approaching f end to Deferred Action for Childhood Arriv- Aside from talking to Jim on a regular basis CRAIN’S CHICAGO BUSINESS als on March 5, coupled with the Trump ad- about a wide variety of topics, I had the dis- ministration’s cancellation of many Tem- tinct pleasure of golfing with him every year to porary Protected Status programs, could hit HON. JANICE D. SCHAKOWSKY health care hard. One in five DACA recipi- benefit Special Olympics Alaska. For eight to OF ILLINOIS ents is employed in health care, and many ten hours (depending on how I played), I had IN THE HOUSE OF REPRESENTATIVES TPS holders—especially among the 50,000 the rare fortune of being able to admire Jim’s Haitians who received TPS after an earth- Wednesday, February 7, 2018 passion for ‘‘his’’ athletes. During that time, quake leveled the island in 2010—work in home health care. Jim allowed me to bask in his world where ev- Ms. SCHAKOWSKY. Mr. Speaker, on Feb- Moving forward, many would-be home erything was righteous, good, and just plain ruary 6, 2018, Crain’s Chicago Business pub- health aides will not meet the lofty criteria fun despite any challenges. lished an op-ed, ‘‘The looming crisis in health of the points-based immigration systems care’’ by Sara McElmurry, a nonresident fellow being championed by the White House. And It’s nice to hear about people’s memories for immigration at Chicago Council on Global if the administration is successful in imple- and friendship with Jim. I’m proud to call Jim Affairs. The piece highlights the effect that menting its plans to curb family-based im- my dear friend too. As you know, it is ex- cancellation of Temporary Protected Status migration, end the ‘‘diversity’’ visa lottery and dismantle other elements of our immi- tremely difficult for a Member of Congress to (TPS) and failure to extend Deferred Action for gration system as outlined in last week’s call someone a true friend. Jim embodied the Childhood Arrivals (DACA) would have on State of the Union address, the pool of for- word. He comforted me when my dear wife Lu Midwesterners’ access to home care. I urge eign-born health workers will be further died, he gave me advice to help my grandson, my colleagues to read this op-ed and consider compromised. In recent years, the Midwest has led the and I could always count on him to be there the human consequences of anti-immigrant policies. charge to bring more immigrant workers for me and my family. into health care. Local nonprofits like Chi- Mr. Speaker, I include in the RECORD the Mr. Speaker, the sudden loss of Jim was cago’s Institute del Progreso Latino have pi- following: oneered immigrant-friendly pipeline pro- like a hard punch by Mike Tyson to my gut. [From Crain’s Chicago Business, Feb. 6, 2018] grams that provide language skills and cer- His loss hurts all of us. I take comfort in know- THE LOOMING CRISIS IN HEALTH CARE tifications for in-demand health care ca- reers. Several Midwestern states, including ing that the Lord called Jim home because he (By Sara McElmurry) needed another great soul in heaven to help Illinois, have made higher education more When the White House unveiled a hard-line accessible for immigrants by offering in- him counter everything that is bad. plan last week to choke off immigration, it state tuition rates at public institutions. To all of the athletes, coaches, family mem- issued a threat to a crucial pipeline of Mid- Missouri and Minnesota have created li- western workers: home health care aides. bers, sponsors, volunteers, staff, the Board of censes and policies that help more qualified In the crosshairs is a region that’s graying immigrants enter tough-to-fill health care Directors of Special Olympics Alaska, and to at a rapid clip yet stubbornly conflicted jobs. Jim’s family—I share your grief and your loss about immigrants—a region where foreign- These innovative local programs are ripe today as we remember Jim. I do take comfort born workers punch well above their weight. to be scaled nationally. But instead, the fed- in Jim’s legacy, his friendship, and the privi- Immigrants are currently 24 percent of the eral government’s immigration crackdown nation’s home health aides. And while they threatens their success by pushing out cur- lege of knowing a truly great man for he has make up 13 percent of the U.S. population, rent work-authorized immigrants and lim- not left us behind but walks beside us now. more immigrants are in their prime working iting the channels for new workers to enter Thank God for Jim. age and have a higher rate of job participa- the country to replace them.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.028 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E158 CONGRESSIONAL RECORD — Extensions of Remarks February 7, 2018 RECOGNIZING THE LIFE OF FALL- HONORING THE LIFE OF FALLEN During the funeral held at Blacks Chapel EN MISSISSIPPI SOLDIER ARMY MISSISSIPPI SOLDIER ARMY Baptist Church, Brigadier General Frank MASTER SERGEANT (MSG) FIRST SERGEANT (1SG) SEVERIN Helmick described SPC Brown’s devotion to COATER BERNARD DEBOSE W. SUMMERS III our nation. ‘‘Larry Brown displayed the inten- sive fortitude to fight and complete the mission HON. TRENT KELLY even though it meant giving his life for our HON. TRENT KELLY OF MISSISSIPPI country.’’ OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES Hundreds of people came to the funeral in- cluding twenty-nine soldiers from Fort Riley. IN THE HOUSE OF REPRESENTATIVES Wednesday, February 7, 2018 Ten soldiers from Fort Polk, Louisiana carried Mr. KELLY of Mississippi. Mr. Speaker, Wednesday, February 7, 2018 Brown’s coffin. today I rise in memory of Army First Sergeant SPC Brown’s bravery and courage in serv- Mr. KELLY of Mississippi. Mr. Speaker, (1SG) Severin W. Summers who died while ice to our nation will always be remembered. today I rise in memory of fallen Mississippi defending our great nation on August 2, 2009, soldier Army Master Sergeant (MSG) Coater during Operation Enduring Freedom. 1SG f Bernard DeBose. MSG DeBose gave his life Summers died from injuries he suffered when while in service to our great nation on August insurgents attacked his vehicle with an impro- vised explosive device in Qole Gerdsar, Af- RECOGNIZING THE LIFE OF FALL- 19, 2012, during Operation Enduring Freedom. EN MISSISSIPPI SOLDIER MA- MSG DeBose died in Spin Boldak, Afghani- ghanistan. Capt. Ronald G. Luce Jr. and Sgt. 1st Class Alejandro Granado III were also RINE STAFF SERGEANT (SSGT) stan, of wounds he received from small arms JASON AARON ROGERS fire while conducting security force assistance killed. 1SG Summers was assigned to the 2nd operations. MSG DeBose was assigned to Battalion, 20th Special Forces Group (Air- 2nd Battalion, 351st Infantry Regiment, 158th borne), headquartered in Jackson, Mississippi. HON. TRENT KELLY Infantry Brigade, First Army Division East, 1SG Summers, a native of Bentonia, Mis- Camp Shelby, Mississippi. MSG DeBose was sissippi, graduated from Christian Life Acad- OF MISSISSIPPI emy in 1984 and attended Louisiana State awarded the Bronze Star and the Purple Heart IN THE HOUSE OF REPRESENTATIVES medals. University. He enlisted in the Mississippi Na- tional Guard in 1989. Wednesday, February 7, 2018 According to the Associated Press, MSG 1SG Summers awards and decorations in- DeBose, a State Line, Mississippi native, clude the Army Commendation Medal, the Mr. KELLY of Mississippi. Mr. Speaker, joined the Alabama National Guard in May Army Achievement Medal, the Army Reserve today I rise in memory of Marine Staff Ser- 1983. He transferred to the Army Reserves in Components Achievement Medal, the National geant (SSgt) Jason Aaron Rogers who paid 2008. He was deployed in April 2004 to Af- Defense Service Medal, the Global War on the ultimate sacrifice while defending our great ghanistan, where he served as a communica- Terrorism Service Medal, the Noncommis- nation on April 7, 2011. SSgt Rogers was tions specialist. It was his job to train Afghan sioned Officers Professional Development Rib- killed in Northern Helmand Province, Afghani- police in the Kandahar region. bon, the Army Service Ribbon, the Overseas stan when an improvised explosive device det- There have been many memorials posted in Service Ribbon, and the Armed Forces Medal. onated while he was clearing a path for MSG DeBose’s honor on Legacy.com, includ- He also earned the Parachutist Badge, the Air wounded marines in a live mine field during ing one that appeared on September 1, 2012 Assault Badge, the Pathfinder Badge, the combat operations. He was assigned to the from Master Sergeant (MSG) Maranda Scuba Diver Badge, the Military Free Fall 2nd Combat Engineer Battalion, 2nd Marine McCorvey. ‘‘As I sign this guest book, no Badge and the Ranger and Special Forces Division, II Marine Expeditionary Force out of words can explain the loss of a true soldier,’’ tabs. Camp Lejeune, North Carolina. MSG McCorvey said. ‘‘He was a leader, men- 1SG Summers is survived by his wife, SSgt Rogers was born on April 9, 1982, in tor, motivator, and trainer to many lives in and Tammy; his three daughters, Jessica, Shelby Jackson, MS. He graduated from Brandon out of the uniform.’’ and Sarah; and his parents, Severin and High School in 2000. Shortly after September Rebecca Lewis of Moss Point wrote, ‘‘May Charlene Summers. 11, 2001, SSgt Rogers joined the Marine God continue to watch over you and your fam- 1SG Summers will always be remembered Corps, where he served eight years. He was ily at this time,’’ Mrs. Lewis said. ‘‘Deacon for his courage and bravery. He sacrificed his deployed on six overseas assignments, five of DeBose will certainly be missed by all of us in- life to protect to protect the freedoms we all which were combat deployments in Iraq and cluding his Greater First Baptist Church in enjoy. Afghanistan. He was 28 years old at the time Escatawpa, Mississippi, under the leadership f of his death. of Richard Young. Deacon DeBose was a RECOGNIZING THE LIFE OF FALL- SSgt Rogers’ mother, Jenny Smith, recently great man and touched many hearts.’’ EN MISSISSIPPI SOLDIER ARMY said, ‘‘I’m extremely proud. He was proud to Christopher DeBose, MSG DeBose’s son, SPECIALIST (SPC) LARRY serve our country. He had a calling to offer his wrote about the pain of losing his father in Au- KENYATTA BROWN life for friends and family. He loved America. gust 30, 2012. ‘‘I pray that there is a military Every year, we hold the Annual Running for up in heaven,’’ Christopher said. ‘‘I know Mas- HON. TRENT KELLY Jason 5K Run/Walk in Brandon to honor his ter Sergeant DeBose would be in charge of OF MISSISSIPPI service.’’ something. No matter what it is, I’m sure God IN THE HOUSE OF REPRESENTATIVES Mayor Tim Coulter of Brandon, Mississippi will trust you with any task because he knows Wednesday, February 7, 2018 said, ‘‘We are saddened by the death of one you will get it done.’’ of our hometown heroes, Jason Rogers, a Caronica DeBose-Jackson, MSG DeBose’s Mr. KELLY of Mississippi. Mr. Speaker, brave man of character. He will be missed by daughter, paid tribute to her father in a Sep- today I rise in memory of Army Specialist our city and our hearts and prayers are with tember 6, 2012 post. ‘‘I hear your voice telling (SPC) Larry Kenyatta Brown who paid the ulti- his family at this time.’’ mate sacrifice while defending our nation April me to keep moving and live life to the fullest,’’ Brandon Winfield, a childhood friend of SSgt Caronica said. ‘‘I will go on because that’s 5, 2003, during Operation Iraqi Freedom III. SPC Brown was mortally wounded during a Rogers said, ‘‘The loss of Jason Rogers is what you would want. I will honor your life and going to make this world an emptier and legacy forever.’’ combat mission to liberate the Iraqi city of Karbala. SPC Brown was assigned to C Com- lonelier and colder place. I could write a War MSG DeBose is survived by his wife, Jua- pany, 1st Battalion, 414 Infantry Regiment, and Peace sized story of the kind of person nita, his three sons, Latravis DeBose, Chris- Fort Riley, Kansas. he was. Some people have it; the room just topher DeBose, and Broderick DeBose; and SPC Brown, a Jackson native, attended Bai- seemed to be dizzier and brighter with him in two daughters, Caronica DeBose-Jackson, ley Magnet High School where he was a track it.’’ and Nekeshia Raybon. and basketball athlete. His high school prin- SSgt Rogers is survived by wife Angela Rita MSG DeBose demonstrated the qualities of cipal, Dorothy Terry, said SPC Brown was a Marie Rogers. He is also survived by his par- an American hero. His 27 years of military serious young man who was kind. Terry said ents, Jennifer and William Smith, and Liz and service will always be remembered. SPC Brown also had a great sense of humor. Tracy Aaron Rogers.

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.031 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 7, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E159 RECOGNIZING THE LIFE OF FALL- Mayor Pinero announced that 1stLt Donnelly’s tion of Food and Drug Administration EN MISSISSIPPI SOLDIER MA- name would be inscribed on a monument in Animal Drug User Fees. RINE FIRST LIEUTENANT (1STLT) front of the old city hall in Picayune to ensure SD–430 WILLIAM JAMES DONNELLY, IV the town’s war heroes are never forgotten. 2:30 p.m. A funeral service was held Tuesday, De- Committee on Armed Services Subcommittee on Cybersecurity HON. TRENT KELLY cember 14th at the United States Naval Acad- To hold hearings to examine the Depart- OF MISSISSIPPI emy Chapel in Annapolis, Maryland. Intern- ment of Defense’s role in protecting IN THE HOUSE OF REPRESENTATIVES ment was held at Arlington National Cemetery democratic elections. in Arlington, Virginia. Friends of 1stLt Donnelly SR–222 Wednesday, February 7, 2018 held a memorial service in Picayune at the Mr. KELLY of Mississippi. Mr. Speaker, same hour of the service at Arlington. FEBRUARY 14 today I rise in memory of fallen Mississippi 1stLt Donnelly is survived by his parents, 10 a.m. Marine First Lieutenant (1stLt) William James William Donnelly, III and Vicki Donnelly; his Committee on Commerce, Science, and Donnelly, IV who gave his life while in service two sisters, Lieutenant Junior Grade (LTJG) Transportation to our nation on November 25, 2010, during Melissa Donnelly-Weed and Rebecca Don- To hold hearings to examine the nomina- nelly; his wife, Linsey Becker-Donnelly; and tions of Joseph Simons, of Virginia, Operation Enduring Freedom. 1stLt Donnelly Christine S. Wilson, of Virginia, Noah was killed while conducting combat operations his nephew Christian Weed. Joshua Phillips, of Maryland, and in Helmand Province, Afghanistan. This was 1stLt Donnelly was awarded the Purple Rohit Chopra, of New York, each to be 1stLt Donnelly’s first combat deployment. 1stLt Heart, the National Defense Service Medal, a Federal Trade Commissioner. Donnelly was assigned to 3rd Battalion, 5th the Korean Defense Service Medal, the Af- SR–253 Marine Regiment, 1st Marine Division, 1st Ma- ghanistan Campaign Medal, and the Combat Committee on Homeland Security and rine Expeditionary Force, Camp Pendleton, Action Ribbon. Governmental Affairs California. 1stLt Donnelly’s service and sacrifice to de- Business meeting to consider H.R. 2825, According to the Associated Press, 1stLt fend America will always be remembered. to amend the Homeland Security Act f of 2002 to make certain improvements Donnelly, of Picayune, Mississippi, always in the laws administered by the Sec- wanted to join the U.S. Marine Corps. He en- SENATE COMMITTEE MEETINGS retary of Homeland Security, S. 2221, listed in the United States Marine Corps Re- Title IV of Senate Resolution 4, to repeal the multi-State plan pro- serve in June 2003 and served as an Assault agreed to by the Senate of February 4, gram, S. 2296, to increase access to agency guidance documents, S. 2113, to Amphibious Vehicle (SSV) crewmember in the 1977, calls for establishment of a sys- 4th Assault Amphibian Battalion, 4th Marine amend title 41, United States Code, to tem for a computerized schedule of all improve the manner in which Federal Division, Gulfport, Mississippi. He transferred meetings and hearings of Senate com- to the U.S. Navy Reserve as a Midshipman to contracts for design and construction mittees, subcommittees, joint commit- services are awarded, to prohibit the attend the officer training program at the tees, and committees of conference. use of reverse auctions for design and United States Merchant Marine Academy in This title requires all such committees construction services procurements, S. King’s Point, New York where he served as a to notify the Office of the Senate Daily 2349, to direct the Director of the Office Midshipman Regimental Commander. 1stLt Digest—designated by the Rules Com- of Management and Budget to establish an interagency working group to study Donnelly was commissioned as a 2ndLt in the mittee—of the time, place and purpose United States Marine Corps after graduating in Federal efforts to collect data on sex- of the meetings, when scheduled and ual violence and to make recommenda- June 2008 with a Bachelor of Science degree any cancellations or changes in the in Marine Engineering. After TBS, he was des- tions on the harmonization of such ef- meetings as they occur. forts, S. 2178, to require the Council of ignated an infantry officer in October 2009 and As an additional procedure along Inspectors General on Integrity and Ef- served as a rifle platoon commander assigned with the computerization of this infor- ficiency to make open recommenda- to the 3rd Battalion, 5th Marines, 1st Marine mation, the Office of the Senate Daily tions of Inspectors General publicly Division, 1st Marine Expeditionary Force, Kilo Digest will prepare this information for available, S. 2014, to require greater Company, 2nd Platoon, Camp Pendleton, printing in the Extensions of Remarks transparency for Federal regulatory California. 1stLt Donnelly married his wife, Lin- decisions that impact small businesses, section of the CONGRESSIONAL RECORD H.R. 2229, to amend title 5, United sey, on September 11, 2010. He deployed to on Monday and Wednesday of each Helmand Province, Afghanistan 15 days later. States Code, to provide permanent au- week. thority for judicial review of certain 1stLt Donnelly’s family learned of his death Meetings scheduled for Thursday, Merit Systems Protection Board deci- on Thanksgiving Day 2010. Melissa Donnelly- February 8, 2018 may be found in the sions relating to whistleblowers, S. 931, Weed, 1stLt Donnelly’s sister, posted on her Daily Digest of today’s RECORD. to designate the facility of the United Facebook page that day. ‘‘Always be thankful States Postal Service located at 4910 for family,’’ Melissa said. ‘‘I will always be MEETINGS SCHEDULED Brighton Boulevard in Denver, Colo- thankful and grateful I had a wonderful broth- rado, as the ‘‘George Sakato Post Of- fice’’, S. 2040, to designate the facility er. He gave his life today for his country doing FEBRUARY 12 what he loved—being a Marine. I will miss him of the United States Postal Service lo- 5 p.m. cated at 621 Kansas Avenue in Atch- forever. I love you, Will!’’ William J. Donnelly, Committee on Foreign Relations ison, Kansas, as the ‘‘Amelia Earhart III, 1stLt Donnelly’s father, said his son would To receive a closed briefing on the Coun- Post Office Building’’, H.R. 294, to des- not have any regrets even though the loss is tering America’s Adversaries Through ignate the facility of the United States extremely hard to bear. ‘‘Will was doing what Sanctions Act. Postal Service located at 2700 Cullen he loved to do and what he always wanted to SVC–217 Boulevard in Pearland, Texas, as the do,’’ Mr. Donnelly said. ‘‘I am sure if we could ‘‘Endy Nddiobong Ekpanya Post Office FEBRUARY 13 talk to him now, he would say he had no re- Building’’, H.R. 452, to designate the fa- grets.’’ 10 a.m. cility of the United States Postal Serv- In a release issued by Camp Pendleton, of- Committee on Armed Services ice located at 324 West Saint Louis To hold closed hearings to examine the Street in Pacific, Missouri, as the ficials said that they had lost a member of United States Special Operations Com- ‘‘Specialist Jeffrey L. White, Jr. Post their own family . ‘‘The Marines and sailors of mand in review of the Defense Author- Office’’, H.R. 1207, to designate the fa- the 1st Marine Division mourn the loss of 1stLt ization Request for fiscal year 2019 and cility of the United States Postal Serv- Donnelly,’’ the release read. ‘‘Our heartfelt the Future Years Defense Program. ice located at 306 River Street in condolences go out to his family.’’ SVC–217 Tilden, Texas, as the ‘‘Tilden Veterans After learning of 1stLt Donnelly’s death, Pic- Committee on the Budget Post Office’’, H.R. 1208, to designate the ayune Mayor Ed Pinero said it is always hard To hold hearings to examine the Presi- facility of the United States Postal to lose a hero and on behalf of the city, they dent’s proposed budget request for fis- Service located at 9155 Schaefer Road, cal year 2019. Converse, Texas, as the ‘‘Converse Vet- extended their heartfelt condolences to the SD–608 erans Post Office Building’’, H.R. 1858, family. ‘‘1stLt Donnelly’s sacrifice and that of Committee on Health, Education, Labor, to designate the facility of the United all the men and women who fall in combat and Pensions States Postal Service located at 4514 protecting our country’s freedom should never To hold hearings to examine improving Williamson Trail in Liberty, Pennsyl- be forgotten,’’ Mayor Pinero said. Additionally, animal health, focusing on reauthoriza- vania, as the ‘‘Staff Sergeant Ryan

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A07FE8.035 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E160 CONGRESSIONAL RECORD — Extensions of Remarks February 7, 2018 Scott Ostrom Post Office’’, H.R. 1988, ability Act of 2018’’, and the nomina- study to assess the suitability and fea- to designate the facility of the United tions of Jeff Tien Han Pon, of Virginia, sibility of designating certain land as States Postal Service located at 1730 to be Director, and Michael Rigas, of the Finger Lakes National Heritage 18th Street in Bakersfield, California, Massachusetts, to be Deputy Director, Area, S. 1645, to authorize the Sec- as the ‘‘Merle Haggard Post Office both of the Office of Personnel Manage- retary of the Interior to conduct a spe- Building’’, H.R. 2254, to designate the ment. cial resource study of P.S. 103 in West facility of the United States Postal SD–342 Baltimore, Maryland, S. 1646, to au- Service located at 2635 Napa Street in Committee on the Judiciary thorize the Secretary of the Interior to Vallejo, California, as the ‘‘Janet To hold hearings to examine pending conduct a special resource study of Capello Post Office Building’’, H.R. nominations. President Station in Baltimore, Mary- 2302, to designate the facility of the SD–226 land, S. 1692, to authorize the National United States Postal Service located at 10:30 a.m. Emergency Medical Services Memorial 259 Nassau Street, Suite 2 in Princeton, Committee on Finance Foundation to establish a commemora- New Jersey, as the ‘‘Dr. John F. Nash, To hold hearings to examine the Presi- tive work in the District of Columbia Jr. Post Office’’, H.R. 2464, to designate dent’s proposed budget request for fis- and its environs, S. 1956 and H.R. 2897, the facility of the United States Postal cal year 2019. bills to authorize the Mayor of the Dis- Service located at 25 New Chardon SD–215 trict of Columbia and the Director of Street Lobby in Boston, Massachu- 2:30 p.m. setts, as the ‘‘John Fitzgerald Kennedy Committee on Armed Services the National Park Service to enter into Post Office’’, H.R. 2672, to designate the Subcommittee on Readiness and Manage- cooperative management agreements facility of the United States Postal ment Support for the operation, maintenance, and Service located at 520 Carter Street in To hold hearings to examine the current management of units of the National Fairview, Illinois, as the ‘‘Sgt. Douglas readiness of United States forces. Park System in the District of Colum- J. Riney Post Office’’, H.R. 2815, to des- SR–222 bia, S. 2102, to clarify the boundary of ignate the facility of the United States Committee on Health, Education, Labor, Acadia National Park, S. 2213 and H.R. Postal Service located at 30 East Som- and Pensions 4300, bills to authorize Pacific Historic erset Street in Raritan, New Jersey, as To hold hearings to examine the nomina- Parks to establish a commemorative the ‘‘Gunnery Sergeant John Basilone tion of John F. Ring, of the District of display to honor members of the Post Office’’, H.R. 2873, to designate the Columbia, to be a Member of the Na- United States Armed Forces who facility of the United States Postal tional Labor Relations Board. served in the Pacific Theater of World Service located at 207 Glenside Avenue SD–430 War II, S. 2225, to reauthorize the Blue in Wyncote, Pennsylvania, as the Committee on Indian Affairs Ridge National Heritage Area, S. 2238, ‘‘Staff Sergeant Peter Taub Post Office To hold an oversight hearing to examine to amend the Ohio & Erie Canal Na- Building’’, H.R. 3109, to designate the Native Americans and the 2020 Census. tional Heritage Canalway Act of 1996 to facility of the United States Postal SD–628 repeal the funding limitation, H.R. Service located at 1114 North 2nd 3 p.m. 1397, to authorize, direct, facilitate, Street in Chillicothe, Illinois, as the Committee on Armed Services and expedite the transfer of adminis- ‘‘Sr. Chief Ryan Owens Post Office Subcommittee on Personnel trative jurisdiction of certain Federal Building’’, H.R. 3369, to designate the To hold hearings to examine military land, and H.R. 1500, to redesignate the facility of the United States Postal and civilian personnel programs and small triangular property located in Service located at 225 North Main military family readiness. Washington, DC, and designated by the Street in Spring Lake, North Carolina, SR–232A National Park Service as reservation as the ‘‘Howard B. Pate, Jr. Post Of- Committee on Energy and Natural Re- 302 as ‘‘Robert Emmet Park’’. fice’’, H.R. 3638, to designate the facil- sources SD–366 ity of the United States Postal Service Subcommittee on National Parks 3:30 p.m. located at 1100 Kings Road in Jackson- To hold hearings to examine S. 400, to es- Committee on Small Business and Entre- ville, Florida, as the ‘‘Rutledge Pear- tablish the Susquehanna National Her- preneurship son Post Office Building’’, H.R. 3655, to itage Area in the State of Pennsyl- To hold hearings to examine the nomina- designate the facility of the United vania, S. 966, to establish a program to tions of David Christian Tryon, of States Postal Service located at 1300 accurately document vehicles that Ohio, to be Chief Counsel for Advocacy, Main Street in Belmar, New Jersey, as were significant in the history of the and Hannibal Ware, of the Virgin Is- the ‘‘Dr. Walter S. McAfee Post Office United States, S. 1160, to include Liv- lands, to be Inspector General, both of Building’’, H.R. 3821, to designate the ingston County, the city of Jonesboro the Small Business Administration. facility of the United States Postal in Union County, and the city of Free- SR–428A Service located at 430 Main Street in port in Stephenson County, Illinois, to Clermont, Georgia, as the ‘‘Zach T. the Lincoln National Heritage Area, S. FEBRUARY 15 Addington Post Office’’, H.R. 3893, to 1260 and H.R. 2615, bills to authorize 9:30 a.m. designate the facility of the United the exchange of certain land located in Committee on Agriculture, Nutrition, and States Postal Service located at 100 Gulf Islands National Seashore, Jack- Mathe Avenue in Interlachen, Florida, son County, Mississippi, between the Forestry as the ‘‘Robert H. Jenkins, Jr. Post Of- National Park Service and the Vet- To hold hearings to examine the state of fice’’, H.R. 4042, to designate the facil- erans of Foreign Wars, S. 1335, to estab- the Commodity Futures Trading Com- ity of the United States Postal Service lish the Ste. Genevieve National His- mission, focusing on pending rules, located at 1415 West Oak Street, in Kis- toric Site in the State of Missouri, S. cryptocurrency regulation, and cross- simmee, Florida, as the 1446 and H.R. 1135, bills to reauthorize border agreements. ‘‘Borinqueneers Post Office Building’’, the Historically Black Colleges and SR–328A H.R. 4285, to designate the facility of Universities Historic Preservation pro- the United States Postal Service lo- gram, S. 1472, to reauthorize the Ten- FEBRUARY 28 cated at 123 Bridgeton Pike in Mullica nessee Civil War Heritage Area, S. 1573, 2:30 p.m. Hill, New Jersey, as the ‘‘James C. to authorize the Secretary of the Inte- Committee on Foreign Relations ‘Billy’ Johnson Post Office Building’’, rior and the Secretary of Agriculture To hold hearings to examine the Presi- an original bill entitled, ‘‘GAO Finan- to place signage on Federal land along dent’s proposed budget request for fis- cial Audit Mandates Revision Act of the trail known as the ‘‘American Dis- cal year 2019 for the Department of 2018’’, an original bill entitled, ‘‘Bridge covery Trail’’, S. 1602, to authorize the State and redesign plans. Contract Transparency and Account- Secretary of the Interior to conduct a SD–419

VerDate Sep 11 2014 05:19 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M07FE8.000 E07FEPT1 dlhill on DSK3GLQ082PROD with REMARKS Wednesday, February 7, 2018 Daily Digest Senate criminal history review program for certain individ- Chamber Action uals who, related to their employment, have access Routine Proceedings, pages S667–S792 to children, the elderly, or individuals with disabil- Measures Introduced: Fifteen bills and five resolu- ities, taking action of the following motions and tions were introduced, as follows: S. 2387–2401, and amendments proposed thereto: S. Res. 395–399. Pages S703–04 Pending: Measures Reported: McConnell motion to concur in the amendment of S. 1621, to require the Federal Communications the House to the amendment of the Senate to the Commission to establish a methodology for the col- bill. Pages S667–97, S698–99 lection by the Commission of information about McConnell motion to refer the message of the commercial mobile service and commercial mobile House on the bill to the Committee on the Appro- data service. (S. Rept. No. 115–206) Page S703 priations, with instructions, McConnell Amendment Measures Passed: No. 1922, to change the enactment date. Page S667 McConnell Amendment No. 1923 (to (the in- National Trafficking and Modern Slavery Pre- structions) Amendment No. 1922), of a perfecting vention Month: Committee on the Judiciary was dis- charged from further consideration of S. Res. 385, nature. Page S667 supporting the observation of ‘‘National Trafficking McConnell Amendment No. 1924 (to Amend- and Modern Slavery Prevention Month’’ during the ment No. 1923), of a perfecting nature. Page S667 period beginning on January 1, 2018, and ending on A unanimous-consent agreement was reached pro- February 1, 2018, to raise awareness of, and opposi- viding for further consideration of the House Mes- tion to, human trafficking and modern slavery, and sage to accompany the bill at approximately 10:30 the resolution was then agreed to. Page S697 a.m., on Thursday, February 8, 2018, with the time National School Counseling Week: Senate agreed until the vote on the motion to invoke cloture on to S. Res. 397, designating the week of February 5 the motion to concur in the amendment of the through 9, 2018, as ‘‘National School Counseling House to the amendment of the Senate to the bill Week’’. Pages S697–98 equally divided between the two Leaders, or their designees. Page S792 National Girls & Women in Sports Day: Senate agreed to S. Res. 398, supporting the observation of Honoring Hometown Heroes Act—Cloture: Sen- ‘‘National Girls & Women in Sports Day’’ on Feb- ate began consideration of the amendment of the ruary 7, 2018, to raise awareness of and celebrate the House to the amendment of the Senate to H.R. achievements of girls and women in sports. 1892, to amend title 4, United States Code, to pro- Pages S697–98 vide for the flying of the flag at half-staff in the Congratulating the Philadelphia Eagles: Senate event of the death of a first responder in the line of agreed to S. Res. 399, congratulating the Philadel- duty, taking action of the following motions and phia Eagles on their triumph in Super Bowl LII. amendments proposed thereto: Pages S697–98 Pending: McConnell motion to concur in the amendment of House Messages: the House to the amendment of the Senate to the Department of Defense Appropriations Act— bill, with Amendment No. 1930, in the nature of Agreement: Senate continued consideration of the a substitute. Page S699 amendment of the House to the amendment of the McConnell Amendment No. 1931 (to Amend- Senate to H.R. 695, to amend the National Child ment No. 1930), to change the enactment date. Protection Act of 1993 to establish a voluntary na- Page S700 tional criminal history background check system and D129

VerDate Sep 11 2014 06:36 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07FE8.REC D07FEPT1 dlhill on DSK3GLQ082PROD with DIGEST D130 CONGRESSIONAL RECORD — DAILY DIGEST February 7, 2018 McConnell motion to refer the message of the Adjournment: Senate convened at 11:30 a.m. and House on the bill to the Committee on the Appro- adjourned at 11:44 p.m., until 10:30 a.m. on Thurs- priations, with instructions, McConnell Amendment day, February 8, 2018. (For Senate’s program, see No. 1932, to change the enactment date. Page S700 the remarks of the Majority Leader in today’s Record McConnell Amendment No. 1933 (to (the in- on page S792.) structions) Amendment No. 1932), of a perfecting nature. Page S700 Committee Meetings McConnell Amendment No. 1934 (to Amend- ment No. 1933), of a perfecting nature. Page S700 (Committees not listed did not meet) A motion was entered to close further debate on the motion to concur in the amendment of the COUNTERING WEAPONS OF MASS House to the amendment of the Senate to the bill, DESTRUCTION with Amendment No. 1930, in the nature of a sub- Committee on Armed Services: Subcommittee on Emerg- stitute, and, in accordance with the provisions of ing Threats and Capabilities concluded a hearing to Rule XXII of the Standing Rules of the Senate, a examine defending the homeland, focusing on De- vote on cloture will occur on Friday, February 9, partment of Defense’s role in countering weapons of 2018. Page S699 mass destruction, after receiving testimony from During consideration of this measure today, Senate Kenneth P. Rapuano, Assistant Secretary for Home- also took the following action: land Defense and Global Security, and Lieutenant Senate agreed to the motion to proceed to consid- General Joseph L. Osterman, USMC, Deputy Com- eration of the House Message to accompany the bill. mander, United States Special Operations Command, Page S699 both of the Department of Defense. Appointments: ARMY MODERNIZATION National Council on Disability: The Chair an- Committee on Armed Services: Subcommittee on Airland nounced, on behalf of the Democratic Leader, pursu- concluded a hearing to examine Army moderniza- ant to the provisions of Public Law 93–112, as tion, after receiving testimony from Lieutenant Gen- amended by Public Law 112–166, and further eral Joseph Anderson, USA, Deputy Chief of Staff, amended by Public Law 113–128, the appointment G–3/5/7, Lieutenant General John M. Murray, USA, of the following to serve as a member of the Na- Deputy Chief of Staff, G–8, Lieutenant General Paul tional Council on Disability: Andres J. Gallegos of A. Ostrowski, USA, Principal Military Deputy to Illinois vice Bob Brown. Page S792 the Assistant Secretary of the Army (Acquisition, Lo- gistics and Technology), and Director of the Army Nominations Confirmed: Senate confirmed the fol- Acquisition Corps, and Major General Robert M. lowing nominations: Dyess Jr., USA, Acting Director, Army Capabilities Barbara Stewart, of Illinois, to be Chief Executive Integration Center, all of the Department of Defense. Officer of the Corporation for National and Commu- nity Service. PUBLIC LANDS LEGISLATION Brett Giroir, of Texas, to be Medical Director in Committee on Energy and Natural Resources: Sub- the Regular Corps of the Public Health Service, sub- committee on Public Lands, Forests, and Mining ject to the qualifications therefor as provided by law concluded a hearing to examine S. 414 and H.R. and regulations, and to be an Assistant Secretary of 1107, bills to promote conservation, improve public Health and Human Services. Pages S697, S792 land management, and provide for sensible develop- Messages from the House: Page S702 ment in Pershing County, Nevada, S. 441, to des- ignate the Organ Mountains and other public land Measures Referred: Page S702 as components of the National Wilderness Preserva- Measures Placed on the Calendar: Page S703 tion System in the State of New Mexico, S. 507, to Petitions and Memorials: Page S703 sustain economic development and recreational use of National Forest System land in the State of Montana, Executive Reports of Committees: Page S703 to add certain land to the National Wilderness Pres- Additional Cosponsors: Pages S704–05 ervation System, to designate new areas for recre- Statements on Introduced Bills/Resolutions: ation, S. 612 and H.R. 1547, bills to provide for the Pages S705–09 unencumbering of title to non-Federal land owned by the city of Tucson, Arizona, for purposes of eco- Amendments Submitted: Pages S709–91 nomic development by conveyance of the Federal re- Authorities for Committees to Meet: versionary interest to the City, S. 1046, to facilitate Pages S791–92 certain pinyon-juniper related projects in Lincoln

VerDate Sep 11 2014 06:36 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07FE8.REC D07FEPT1 dlhill on DSK3GLQ082PROD with DIGEST February 7, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D131 County, Nevada, to modify the boundaries of certain Committee on Foreign Relations: Committee ordered fa- wilderness areas in the State of Nevada, and to fully vorably reported the following business items: implement the White Pine County Conservation, S. 2286, to amend the Peace Corps Act to provide Recreation, and Development Act, S. 1219 and H.R. greater protection and services for Peace Corps vol- 3392, bills to provide for stability of title to certain unteers, with an amendment; land in the State of Louisiana, S. 1222, to authorize S. 2060, to promote democracy and human rights the Secretary of the Interior to convey certain land in Burma, with amendments; to La Paz County, Arizona, S. 1481, to make tech- H.R. 1625, to amend the State Department Basic nical corrections to the Alaska Native Claims Settle- Authorities Act of 1956 to include severe forms of ment Act, S. 1665 and H.R. 2582, bills to authorize trafficking in persons within the definition of the State of Utah to select certain lands that are transnational organized crime for purposes of the re- available for disposal under the Pony Express Re- wards program of the Department of State, with an source Management Plan to be used for the support amendment in the nature of a substitute; and benefit of State institutions, S. 2062, to require S. Res. 92, expressing concern over the disappear- the Secretary of Agriculture to convey at market ance of David Sneddon; value certain National Forest System land in the H.R. 535, to encourage visits between the United State of Arizona, S. 2206, to release certain wilder- States and Taiwan at all levels; and ness study areas in the State of Montana, S. 2218, The nominations of Peter Hendrick Vrooman, of to provide for the conveyance of a Forest Service site New York, to be Ambassador to the Republic of in Dolores County, Colorado, to be used for a fire Rwanda, and Eric M. Ueland, of Oregon, to be an station, S. 2249, to permanently reauthorize the Rio Under Secretary (Management), both of the Depart- Puerco Management Committee and the Rio Puerco ment of State. Watershed Management Program, H.R. 995, to di- TURKEY rect the Secretary of Agriculture and the Secretary of Committee on Foreign Relations: Committee received a the Interior to modernize terms in certain regula- closed briefing on Turkey from A. Wess Mitchell, tions, and H.R. 1404, to provide for the conveyance Assistant Secretary of State, Bureau of European and of certain land inholdings owned by the United Eurasian Affairs; Robert Karem, Assistant Secretary States to the Tucson Unified School District and to of Defense, International Security Affairs; and Mi- the Pascua Yaqui Tribe of Arizona, after receiving chael Lieberman, Senior Policy Advisor, Department testimony from Senators Heller, Tester, and Udall; of the Treasury. Glenn Casamassa, Associate Deputy Chief, National Forest System, Forest Service, Department of Agri- REAUTHORIZING THE DEPARTMENT OF culture; and Brian Steed, Deputy Director for Policy HOMELAND SECURITY and Programs, Bureau of Land Management, Depart- Committee on Homeland Security and Governmental Af- ment of the Interior. fairs: Committee concluded a hearing to examine re- authorizing the Department of Homeland Security, BUSINESS MEETING focusing on positioning DHS to address new and Committee on Environment and Public Works: Com- emerging threats to the Homeland, including H.R. mittee ordered favorably reported the nomination of 2825, to amend the Homeland Security Act of 2002 Andrew Wheeler, of Virginia, to be Deputy Admin- to make certain improvements in the laws adminis- istrator of the Environmental Protection Agency. tered by the Secretary of Homeland Security, and H.R. 3359, to amend the Homeland Security Act of IMPACT OF FEDERAL REGULATIONS ON 2002 to authorize the Cybersecurity and Infrastruc- FARMING AND RANCHING ture Security Agency of the Department of Home- Committee on Environment and Public Works: Com- land Security, after receiving testimony from Elaine mittee concluded a hearing to examine the impact of Duke, Deputy Secretary, Claire M. Grady, Under Federal environmental regulations and policies on Secretary for Management, Christopher C. Krebs, American farming and ranching communities, after Senior Official Performing the Duties of the Under receiving testimony from Michael T. Scuse, Delaware Secretary for the National Protection and Programs Secretary of Agriculture, Dover; Zippy Duvall, Directorate, and John V. Kelly, Acting Inspector American Farm Bureau Federation, and Donn Teske, General, all of the Department of Homeland Secu- National Farmers Union, both of Washington, D.C.; rity; and George A. Scott, Managing Director, Niels Hansen, PH Livestock, Rawlins, Wyoming, on Homeland Security and Justice, and Chris Currie, behalf of the National Cattlemen’s Beef Association Director, Emergency Management and National Pre- and the Public Lands Council; and Howard Hill, paredness Issues, both of the Government Account- National Pork Producers Council, Cambridge, Iowa. ability Office.

VerDate Sep 11 2014 06:36 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07FE8.REC D07FEPT1 dlhill on DSK3GLQ082PROD with DIGEST D132 CONGRESSIONAL RECORD — DAILY DIGEST February 7, 2018 RHEUMATOID ARTHRITIS THERAPIES ter, Boston, Massachusetts; Jack Hoadley, George- Special Committee on Aging: Committee concluded a town University McCourt School of Public Policy hearing to examine cost and competition among Health Policy Institute, and Terry G. Mahn, Fish rheumatoid arthritis therapies, after receiving testi- and Richardson P.C., both of Washington, D.C.; and mony from William F. Harvey, Tufts Medical Cen- Patricia Bernard, Falmouth, Maine. h House of Representatives

garding such cooperation, by a 2⁄3 recorded vote of Chamber Action 404 ayes to 3 noes, Roll No. 62; Pages H966–67 Public Bills and Resolutions Introduced: 20 pub- Western Area Power Administration Trans- lic bills, H.R. 4957–4976; and 6 resolutions, H. parency Act: H.R. 2371, to require the Adminis- Res. 728–733, were introduced. Pages H973–74 trator of the Western Area Power Administration to Additional Cosponsors: Pages H975–76 establish a pilot project to provide increased trans- Reports Filed: There were no reports filed today. parency for customers; and Page H967 Journal: The House agreed to the Speaker’s approval Gateway Arch National Park Designation Act: of the Journal by a recorded vote of 210 ayes to 185 S. 1438, to redesignate the Jefferson National Ex- pansion Memorial in the State of Missouri as the noes with three answering ‘‘present’’, Roll No. 63. ‘‘Gateway Arch National Park’’. Page H968 Pages H905, H967 Quorum Calls—Votes: One yea-and-nay vote and Mortgage Choice Act: The House considered H.R. two recorded votes developed during the proceedings 1153, to amend the Truth in Lending Act to im- of today and appear on pages H965–66, H966–67, prove upon the definitions provided for points and and H967. There were no quorum calls. fees in connection with a mortgage transaction. Fur- ther proceedings were postponed. Pages H906–65 Adjournment: The House met at 9 a.m. and ad- H. Res. 725, the rule providing for consideration journed at 8:17 p.m. of the bills (H.R. 772), (H.R. 1153), and (H.R. 4771) was agreed to yesterday, February 6th. Committee Meetings Recess: The House recessed at 6:22 p.m. and recon- SENIOR LEADER MISCONDUCT: vened at 6:35 p.m. Page H965 PREVENTION AND ACCOUNTABILITY Motion to Fix Next Convening Time: Agreed by Committee on Armed Services: Subcommittee on Mili- voice vote to the Mitchell motion that when the tary Personnel held a hearing entitled ‘‘Senior Leader House adjourns today, it adjourn to meet at 9 a.m. Misconduct: Prevention and Accountability’’. Testi- tomorrow, February 8th for Morning Hour debate. mony was heard from Glenn A. Fine, Principal Dep- Page H965 uty Inspector General, Department of Defense; Lieu- tenant General Stayce D. Harris, Inspector General Suspensions—Proceedings Resumed: The House of the Air Force; General James C. McConville, Vice agreed to suspend the rules and pass the following Chief of Staff of the Army; Admiral Bill Moran, measures. Consideration began Monday, February Vice Chief of Naval Operations; Brigadier General 5th. David A. Ottignon, Inspector General of the Marine War Crimes Rewards Expansion Act: H.R. Corps; Lieutenant General David E. Quantock, In- 3851, amended, to amend the State Department spector General of the Army; Vice Admiral Herman Basic Authorities Act of 1956 to provide for rewards Shelanski, Naval Inspector General; General Glenn for the arrest or conviction of certain foreign nation- M. Walters, Assistant Commandant of the Marine als who have committed genocide or war crimes, by Corps; and General Stephen W. Wilson, Vice Chief a 2⁄3 yea-and-nay vote of 407 yeas with none voting of Staff of the Air Force. ‘‘nay’’, Roll No. 61; Pages H965–66 ENSURING SOCIAL SECURITY SERVES Ukraine Cybersecurity Cooperation Act: H.R. AMERICA’S VETERANS 1997, amended, to encourage United States-Ukraine Committee on Ways and Means: Subcommittee on So- cybersecurity cooperation and require a report re- cial Security held a hearing entitled ‘‘Ensuring Social

VerDate Sep 11 2014 06:36 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07FE8.REC D07FEPT1 dlhill on DSK3GLQ082PROD with DIGEST February 7, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D133 Security Serves America’s Veterans’’. Testimony was Committee on Health, Education, Labor, and Pensions: to heard from Gina Clemons, Associate Commissioner, hold hearings to examine the opioid crisis, focusing on Office of Disability Policy, Social Security Adminis- the impact on children and families, 10 a.m., SD–430. tration. Committee on the Judiciary: business meeting to consider S. 1917, to reform sentencing laws and correctional insti- tutions, and the nominations of Kurt D. Engelhardt, of Joint Meetings Louisiana, to be United States Circuit Judge for the Fifth No joint committee meetings were held. Circuit, Michael B. Brennan, of Wisconsin, to be United f States Circuit Judge for the Seventh Circuit, Barry W. Ashe, to be United States District Judge for the Eastern COMMITTEE MEETINGS FOR THURSDAY, District of Louisiana, Howard C. Nielson, Jr., to be FEBRUARY 8, 2018 United States District Judge for the District of Utah, (Committee meetings are open unless otherwise indicated) James R. Sweeney II, to be United States District Judge for the Southern District of Indiana, Susan Paradise Bax- Senate ter, to be United States District Judge for the Western Committee on Armed Services: to hold hearings to examine District of Pennsylvania, Daniel Desmond Domenico, to the nominations of Paul C. Ney, Jr., of Tennessee, to be be United States District Judge for the District of Colo- General Counsel, Kevin Fahey, of Massachusetts, to be an rado, Marilyn Jean Horan, to be United States District Assistant Secretary, and Thomas E. Ayres, of Pennsyl- Judge for the Western District of Pennsylvania, Adam I. vania, to be General Counsel of the Department of the Klein, of the District of Columbia, to be Chairman and Air Force, all of the Department of Defense, and Lisa Member of the Privacy and Civil Liberties Oversight Gordon-Hagerty, of Virginia, to be Under Secretary for Board, and John C. Anderson, to be United States Attor- Nuclear Security, Department of Energy, 10:30 a.m., ney for the District of New Mexico, Brandon J. Fremin, SH–216. to be United States Attorney for the Middle District of Committee on Banking, Housing, and Urban Affairs: busi- Louisiana, Joseph P. Kelly, to be United States Attorney ness meeting to consider subcommittee assignments for for the District of Nebraska, Scott W. Murray, to be the Second Session of the 115th Congress, and the nomi- United States Attorney for the District of New Hamp- nations of Jelena McWilliams, of Ohio, to be Chairperson shire, David C. Weiss, to be United States Attorney for of the Board of Directors, and to be a Member of the the District of Delaware, David G. Jolley, to be United Board of Directors, Federal Deposit Insurance Corpora- States Marshal for the Eastern District of Tennessee, and tion, Marvin Goodfriend, of Pennsylvania, to be a Mem- Thomas M. Griffin, Jr., to be United States Marshal for ber of the Board of Governors of the Federal Reserve Sys- the District of South Carolina, all of the Department of tem, and Thomas E. Workman, of New York, to be a Justice, 10:30 a.m., SD–226. Member of the Financial Stability Oversight Council, 11 Select Committee on Intelligence: to receive a closed brief- a.m., SD–538. ing regarding certain intelligence matters, 2 p.m., Committee on Energy and Natural Resources: to hold an oversight hearing to examine the evolution of energy in- SH–219. frastructure in the United States and how lessons learned House from the past can inform future opportunities, 10 a.m., SD–366. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, February 8 9 a.m., Thursday, February 8

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of the House Message to accompany H.R. 695, De- fense Appropriations Act, with a vote on the motion to invoke cloture on the motion to concur in the House Message expected at approximately 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Issa, Darrell E., Calif., E149 Norton, Eleanor Holmes, The District of Columbia, Jackson Lee, Sheila, Tex., E150 E153 Bishop, Sanford D., Jr., Ga, E154 Kelly, Trent, Miss., E155, E156, E157, E158, E158, E158, O’Rourke, Beto, Tex., E153 Brownley, Julia, Calif., E149 E158, E159 Sanford, Mark, S.C., E156 Cohen, Steve, Tenn., E156 Lee, Barbara, Calif., E152, E155 Schakowsky, Janice D., Ill., E157 Collins, Doug, Ga., E151, E152, E154 Lujan Grisham, Michelle, N.M., E153 Schneider, Bradley Scott, Ill., E150 Davis, Danny K., Ill., E154 Fudge, Marcia L., Ohio, E151 Marchant, Kenny, Tex., E152 Sherman, Brad, Calif., E151 Gaetz, Matt, Fla., E153 Mast, Brian J., Fla., E150 Stefanik, Elise M., N.Y., E155 Gottheimer, Josh, N.J., E149 McCarthy, Kevin, Calif., E155 Walz, Timothy J., Minn., E152 Grijalva, Rau´ l M., Ariz., E151 McCollum, Betty, Minn., E152, E153 Young, Don, Alaska, E156, E157

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