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

Vol. 163 WASHINGTON, THURSDAY, OCTOBER 19, 2017 No. 169 Senate The Senate met at 9:30 a.m. and was and that is true whether you are look- That is according to statistics from the called to order by the President pro ing at it from a fiscal perspective or an Small Business Administration. Both tempore (Mr. HATCH). economic one. of these amendments reinforce the f Take the fiscal side first. It reins in goals of the tax reform framework de- government spending. It protects So- veloped by the President, his team, and PRAYER cial Security. It complies fully with the tax-writing committees in Con- The Chaplain, Dr. Barry C. Black, of- the previous spending caps, while also gress. fered the following prayer: providing for an increase for defense re- Today we will consider more ideas Let us pray. sources if a bipartisan agreement can from colleagues on both sides of the Eternal Savior, we thank You for the be reached. In short, it is a fiscally re- aisle. I want to thank, particularly, fellowship of Your Spirit and Your con- sponsible budget that will help put the Chairman ENZI and the members of the solations of love. May our lawmakers Federal Government on a path to bal- Senate Budget Committee for their remember that You are their rock and ance. good work in getting us to this point. refuge. Lord, speak peace to their On the economic side, this budget The budget they produced is important hearts in these turbulent times, guid- can help our country realize better and to our fiscal and our economic future. ing them along the path of Your wis- more sustained economic growth, I look forward to passing it soon. dom. Reward their efforts with a joyful which is critical, given the last decade I suggest the absence of a quorum. harvest, as they strive to build up and of missed opportunities for the middle The PRESIDING OFFICER. The not tear down. Raise them above dis- class. One way this budget can help our clerk will call the roll. cord and division, helping them to economy is by providing legislative The legislative clerk proceeded to work together to keep America strong. tools to advance tax reform. call the roll. We are grateful for the favor You As I have said many times before, tax Mr. WYDEN. Mr. President, I ask have given this Nation and for sur- reform represents the most important unanimous consent that the order for rounding us with the shield of Your thing we can do today to get our econ- the quorum call be rescinded. compassion, mercy, and love. Strong omy reaching for its true potential. The PRESIDING OFFICER (Mr. Deliverer, accept our grateful praise. Tax reform is all about getting Amer- STRANGE). Without objection, it is so We pray in Your mighty Name. ica going again and growing again. It ordered. Amen. aims to take more money out of Wash- f f ington’s pockets and put more money RESERVATION OF LEADER TIME in middle-class pockets, and it rep- PLEDGE OF ALLEGIANCE resents a once-in-a-generation oppor- The PRESIDING OFFICER. Under The President pro tempore led the tunity to replace a failing tax bill that the previous order, the leadership time Pledge of Allegiance, as follows: holds Americans back with one that is reserved. I pledge allegiance to the Flag of the works for them. Passing this budget is f United States of America, and to the Repub- critical to getting tax reform done so CONCLUSION OF MORNING lic for which it stands, one nation under God, we can strengthen our economy, after BUSINESS indivisible, with liberty and justice for all. years of stagnation under the previous The PRESIDING OFFICER. Morning administration. f business is closed. I know Members are eager to con- RECOGNITION OF THE MAJORITY tinue proposing amendments to this f LEADER budget. We already adopted some good CONCURRENT RESOLUTION ON The PRESIDING OFFICER (Mr. ideas yesterday. For instance, the Sen- THE BUDGET, FISCAL YEAR 2018 HELLER). The majority leader is recog- ate adopted an amendment offered by The PRESIDING OFFICER. Under nized. Senator HELLER to provide tax relief to the previous order, the Senate will re- f American families with children so sume consideration of H. Con. Res. 71, they can have more money to make THE BUDGET AND TAX REFORM which the clerk will report. ends meet. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, the We also adopted an amendment from A concurrent resolution (H. Con. Res. 71) Senate is taking the next critical step Senator COLLINS to provide relief to establishing the congressional budget for the in passing the comprehensive, fiscally small businesses, which have been re- United States Government for fiscal year responsible budget before us. It is pret- sponsible for the creation of about two- 2018 and setting forth the appropriate budg- ty obvious that this is a good budget, thirds of the net jobs in recent years. etary levels for fiscal years 2019 through 2027.

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

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VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.000 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6594 CONGRESSIONAL RECORD — SENATE October 19, 2017 The PRESIDING OFFICER. Under lays out our principles that tax reform million, $5.5 million for a single indi- the previous order, the time until 11:45 should focus not on the 1 percent but vidual—a tiny fraction of all the es- a.m. will be equally divided between on the middle class and not savage tates in the country. Eliminating the the managers or their designees. Medicare and Medicaid and Social Se- estate tax isn’t a policy change that The Senator from Oregon. curity, which are our essential retire- has anything to do with helping the AMENDMENT NO. 1302 TO AMENDMENT NO. 1116 ment programs. middle class. It is entirely about help- Mr. WYDEN. Mr. President, I call up What was striking about the discus- ing the megawealthy—exactly the peo- amendment No. 1302 as provided for sion was that the President said: I ple the President told us yesterday he under the previous order. agree with you on all of those things. didn’t want to help. The PRESIDING OFFICER. The He said: Tax cuts should not go for peo- The Finance Committee Democratic clerk will report. ple like me. I want help for the middle staff put out a report last week that The legislative clerk read as follows: class, and I don’t want to cut Medicare looked at some of the worst schemes The Senator from Oregon [Mr. WYDEN] pro- and Social Security. I made the point— and dodges that are used by the poses an amendment numbered 1302 to I hope respectfully, Mr. President. I megawealthy to avoid paying estate amendment No. 1116. said: Unfortunately, there is a big gap tax. There is a cottage industry of The amendment is as follows: between the administration’s rhetoric crafty lawyers and accountants who (Purpose: To strike the reconciliation on this and the reality of what is really have made careers out of gutting the instructions relating to tax reform) on paper. That is why it is so impor- estate tax by engineering billion-dollar After section 2002, insert the following: tant that we strike these reconcili- tax shelters for the 1 percent. So the SEC. 2003. MODIFICATION TO RECONCILIATION ation instructions and make it clear estate tax is already full of loopholes, INSTRUCTIONS. from the get-go that we are going to but this administration isn’t interested Section 2001(a) and 2002(a) are null and get tax reform right, that we are not in closing them even after the Treas- void. just going to kind of utter these sort of ury Secretary, Mr. Mnuchin, admitted Mr. WYDEN. Mr. President and col- sound bites and rhetorical plights and just the other day that it goes mostly leagues, later this morning, the Senate speeches, as the discussions go out to the people at the very top. will be voting on the amendment I am from various administration officials, So there is a common thread in these offering to strike what are known as and we actually focus on what it is proposals. There is a common thread in reconciliation instructions from the going to take to do bipartisan tax re- this debate that is driven by partisan- budget proposal. form. ship and reconciliation, which is why I The reason I will be focused this The President agreed with the prin- want to strike those instructions. morning on that is that it is absolutely ciples that Democrats talked about What is actually on paper—not what is key that we pass this amendment in yesterday. It is very different when you said in the speeches or in sound bites order to get bipartisan tax reform. The see it on paper, and I want to talk a lit- and the like—is that the Republican fact is that reconciliation is an on- tle bit about what is actually on paper. plan doesn’t close the most egregious ramp to the most partisan process First, the Trump tax plan creates a loopholes. It enshrines them as perma- around, and the history of successful massive new loophole, the Grand Can- nent features in our tax law. That is tax reform is in our working in a bipar- yon of all loopholes, by twisting and contrary to what the President said he tisan way. For example, that is what abusing what is known as tax wanted to do, and it certainly isn’t a the late President Reagan worked to do passthroughs. It used to be that the tax tax recipe focused on the middle class. in 1986 with a whole host of Democrats, passthrough was for a store or a res- One of the individuals who has been and they came up with a lot of very im- taurant or a garage. You see them all most out in front of the cameras sell- portant, bold, progressive ideas. They over Oregon. You see them all over ing the Trump tax plan to the public is chose to actually treat income from a America. Those are the people for the Treasury Secretary. A few weeks wage in the same way as one would whom we ought to be working together ago, the Secretary doubled down on the treat income from investments so as to to give a boost to. That is not what is failed experiment that tax cuts pay for send, in one fell swoop, a message that on paper. What is on paper is very dif- themselves. Forget the history that working-class people would get a fair ferent, and it is very different than shows that isn’t true. Secretary shake, that the tax law was not about what the President said yesterday he Mnuchin said the Trump tax cuts will the 1 percent back then but that it was wanted. not just pay for themselves, they will about working-class people. The middle For example, on paper is a new loop- raise an additional trillion dollars in class drives 70 percent of the American hole that would allow tax cheats to revenue on top of their own costs. The economy. They were not talking about self-declare as passthroughs, rake in fact is, there is no magical growth massive tax handouts to big corpora- income, and pay a much lower rate. It fairy, no unicorns, no kind of growth tions and the wealthy; they were talk- is a tax change that is deeply slanted fairies that are going to somehow ing about the fact that, in our country, toward what I call the top of the top— spring to life if this tax cut plan be- economic success is built around a not just the 1 percent but the top of the comes law, but Secretary Mnuchin, our thriving middle class—a middle class top. Eighty-eight percent of the bene- Treasury Secretary, keeps going back that can buy homes and cars and edu- fits of this kind of passthrough rate cut to the unicorns, keeps going back to cate kids and pay for essentials. would go to those at the very top, ac- rainbow economics. What troubles me so much about cording to recent analyses, the top 1 What is striking is, I asked the Re- these reconciliation instructions that percent and those even more affluent. publican economist—the economist would allow for a $1.5 trillion net tax It opens the door for tax cheats to chosen by our friend and distinguished cut is that it is just the opposite of the dodge paying into Social Security and chairman ORRIN HATCH—who came be- kind of approach that Ronald Reagan Medicare like every hard-working wage fore the Finance Committee the other and the Democrats used in 1986. It is earner in America. This would leave a day about whether tax cuts pay for going to polarize us rather than bring lot of those programs that are lifelines themselves, and the Republican econo- us together. for working families a lot worse off mist chosen by the Republicans on the I think that is particularly impor- than they are today and that, too, is Finance Committee, those Repub- tant right now, given the meeting that something the President said he didn’t licans’ economist acknowledged that was held at the White House yesterday want. tax cuts don’t pay for themselves. that I attended along with a number of Next, apropos again of the most af- There have been some other whop- Democratic colleagues on the Finance fluent the President said he didn’t pers about the Republican plan, at Committee, because at that meeting want to help, is the estate tax. Here, least what is again written down on Democrats made it very clear to the there is a proposal in the administra- paper. Secretary Mnuchin said it is President of the United States that we tion’s plan to abolish the estate tax. very hard not to give tax cuts to the think that the Tax Code is broken, Let’s make sure everybody understands wealthy with tax cuts to the middle that it is a broken, dysfunctional mess. who is affected by that. The tax today class. That is one stunner of a state- We described the letter we sent that touches estates worth more than $11 ment: It is very hard not to give tax

VerDate Sep 11 2014 03:39 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.002 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6595 cuts to the wealthy. In the same inter- colleagues here have been part of, in- about their language. It is good lan- view, he delivered what sounded like a cluding one in the President’s Cabinet guage, well intended. Maybe we can real ultimatum; that if the Congress now. make it better. If the President has a doesn’t pass this plan so tilted to the We can do bipartisan tax reform that suggestion, we welcome it, but as it is, megawealthy, oh, boy, it is going to be is good for our country. We shouldn’t it is pretty strong. tough times on Wall Street. You have make it a lot harder to accomplish Well-intentioned Members on both to appreciate the eye-popping honesty, that goal by including these partisan sides should continue to sign their but the ideas behind what the Treasury reconciliation instructions in the budg- names onto this bill. I believe it has Secretary is talking about on tax re- et proposal. That is why I urge my col- significant support within my caucus, form pretty much leave your jaw on leagues to support my amendment to and if Leader MCCONNELL puts it on the the floor. If that is where the adminis- strip these reconciliation instructions floor of the Senate, I am pretty certain tration has trained its focus, as far as when we vote on my amendment later it would pass. tax reform is concerned, the middle in the morning. I urge my Republican colleagues to class is in tough straits. I yield the floor. take a good, hard look at the bill and In my judgment, this is yet another I suggest the absence of a quorum. to cosponsor it. So many of my Repub- reason the Senate should reject using The PRESIDING OFFICER. The lican friends have said: Why can’t we reconciliation for taxes and support my clerk will call the roll. be more bipartisan? This is a bipar- amendment. The fact is, the Congress The senior assistant legislative clerk tisan agreement. It wasn’t one party has never used reconciliation to write a proceeded to call the roll. coming up with something and telling comprehensive tax reform bill. There is Mr. SCHUMER. Mr. President, I ask the other to be for it, as too often hap- a template for comprehensive tax re- unanimous consent that the order for pens in this Chamber. It was done to- form that has been proven to work, and the quorum call be rescinded. gether by the chair of the HELP Com- I have mentioned it already. It is the The PRESIDING OFFICER. Without mittee and the ranking Democrat of one initiated by President Reagan, a objection, it is so ordered. the HELP Committee. It is truly bipar- big group of Democrats, a culmination RECOGNITION OF THE MINORITY LEADER tisan, and it is a good way for us to go of years of bipartisan work. What we The Democratic leader is recognized. forward and set a metaphor for future saw was real bipartisanship, which I Mr. SCHUMER. Mr. President, I ask bipartisanship. define as not taking each other’s bad unanimous consent to use leader time. Mr. President, now on the budget, ideas but taking each other’s good The PRESIDING OFFICER. Without today the Senate will vote on more ideas. The bill was considered under objection, it is so ordered. amendments to the GOP budget resolu- regular order, it was debated in the Fi- HEALTHCARE tion, which increases deficits by $1.5 nance Committee and on the Senate Mr. SCHUMER. Mr. President, first, trillion, slashes Medicare and Medicaid floor for months, and it was open to on healthcare, my two good friends by $1.5 trillion, and sets up this awful, unlimited amendments and passed the Senators ALEXANDER and MURRAY have partisan process—the same one our Re- Senate by a vote of 97 to 3. That is the constructed a good, fair, bipartisan publican friends used in healthcare. kind of bipartisan process we would agreement that gives us a way forward The Democrats could have offered an like to see. on healthcare. It will offer stability in unlimited number of amendments on Democrats have made it clear, and the markets, and it will help lower pre- the bill, but this bill is so bad that we we made it clear again yesterday, that miums. didn’t want to be all over the lot. We we think the Tax Code is broken, that We have seen President Trump’s wanted to focus on a few issues where we have heard the President’s com- near-constant equivocation on the we know the American people are over- ments about how he wants to help the agreement. We shouldn’t let it impede whelmingly with us, not with the lan- middle class and not the wealthy, that the progress of this very important bi- guage in the bill. he understands how strongly we feel partisan compromise. He is for the bill Here is some of what we are doing. about protecting Social Security, one day, against it the next. That is We are going to make our colleagues Medicare, and Medicaid, but the fact not uncommon; the President some- say that they want to vote to increase is—and this is the heart of the chal- times is for and against something in the deficit by $1.5 trillion. After 8 years lenge—there is a big gap right now be- the same sentence. We can only hope of crowing about debts and deficits tween what the President says his pri- he comes around again once he grasps under a Democratic President, the Re- orities are and what is actually written what is in the bill. publican deficit hawks seem to have down on paper. That is the challenge, The Alexander-Murray deal is not a flown the coop. This budget is going to and we are not going to be able to ad- bailout to the insurance companies at increase the deficit by $1.5 trillion. Our dress that challenge, in my view, by all; it is the opposite. We have taken amendment would say: No, it should be signing up for more partisanship, for pains to ensure that insurance compa- deficit neutral. We have heard that for taking the most partisan route on tax nies do not reap any benefits from this the last 8 years. Whenever a spending reform. program. That is what ALEXANDER and program comes about, I know our side What we ought to be doing is saying MURRAY have done. They have explicit says that spending programs grow the that we all agree the Tax Code is bro- provisions in the bill to ensure that the economy; their side says that tax cuts ken; we all understand the key is help- cost-sharing program does what it is grow the economy. But if there is going ing the middle class, not more hand- intended to do: Lower premiums, to be an actual deficit, we should vote outs for the top of the top, the 1 per- deductibles, and out-of-pocket costs for for it. Put your convictions where your cent; that we are sensitive to long- Americans who can least afford it. votes are. term costs because we don’t want to I was reading an article this morning We are also going to make our Re- pass those off to our children. Doing where they interviewed a retired manu- publican colleagues vote on whether that is best going to be accomplished facturing worker in Pennsylvania who they want to raise taxes on the middle by saying that as we move now to the was upset by the President’s decision. class. The President claims that his actual consideration of tax reform, we The man said: tax plan will cut taxes, but it actually reject partisan approaches like rec- It seems like he is trying to hurt the mid- will raise them on millions of hard- onciliation, and we come together. I dle class. . . . He [President Trump] says he’s working families. Today our Repub- know we can do it. going to make it better for everyone. How lican colleagues will decide whether The fact is, what the President says does a (premium) increase make it better? they want to support those tax in- when he speaks about this subject is in That is the question the President creases or protect the middle class line with the principles in the Demo- should ask himself. Ending cost-shar- from paying more taxes. crats’ letter. What we have talked ing hurts people, not insurance compa- We are going to make our Republican about doesn’t even go as far as what nies. Restoring cost sharing will help colleagues vote on their specific pro- President Reagan did in 1986. What is people, not insurance companies. Sen- posal to eliminate the State and local in the Democrats’ letter tracks a bipar- ators ALEXANDER and MURRAY have deduction. Nearly one-third of all tax- tisan piece of legislation that several made sure of it. I have talked to them payers take the deduction—red States,

VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.004 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6596 CONGRESSIONAL RECORD — SENATE October 19, 2017 blue States, everyone in between. As cuts for the rich. If our healthcare sys- are stale talking points from the other the chairman of the Finance Com- tem needs to be improved, tax cuts for side of the aisle that have been used for mittee knows, 35 percent of Utahns the rich. It is entirely divorced from decades, that haven’t been updated or take the State and local deduction. It the real problems in the economy and that don’t reflect what has really been goes right to the heart of the middle our society. happening in the country in terms of class and upper middle class, giving Our economy suffers from massive in- technological advances, environmental families tens of thousands of dollars in equality, which is growing, with a con- standards, and one of the most impor- deductions so taxes are lower. The centration of wealth at the very apex tant things that has happened in Amer- elimination of State and local deduct- of our country’s elite. The rich are ica over the last decade, and that is the ibility is a sure sign that the Repub- doing well in America. God bless them; American energy renaissance—the lican tax plan does not favor the mid- I am glad they are. American corpora- American energy renaissance. dle class. tions are recording record-high profits. I know some of my colleagues on the In fact, AP reported yesterday that, Look at the stock market, which re- other side of the aisle don’t even like according to experts, the GOP tax plan flects that. God bless them too. We to talk about it. They don’t like to ac- may still allow corporations to claim hope they do well. But looking at the knowledge it: As to energy, we don’t State and local deductibility but not GOP tax plan, the American people produce that in America. Yes, we do. individuals. Did you hear that? Cor- have to wonder, is now the time to tilt Yes, we do. We are doing it really, real- porations can claim it, but individuals the scales even further in favor of big ly well, and it is benefiting millions can’t. Isn’t that backward? It shouldn’t corporations and the very rich? I be- and millions and millions of Americans be taken away from either one. What lieve the American people will reject in every State in the country. the GOP plan takes away from individ- that approach soundly and roundly, The budget resolution that we are de- uals and families, it makes sure re- and after the amendment votes today, bating has a provision in it that is real- mains for big corporations. the American people will have a much ly simple. I bet if you polled it with So today Democrats will ask our Re- clearer picture of what the Republican every American—Democrat, Repub- publican friends to vote on our amend- budget and tax plan is about. lican, people watching on TV—it prob- ment, led by Senators CANTWELL and There is still a chance to turn back ably has a 90-percent approval. There is a simple instruction in the VAN HOLLEN, to protect State and local from this budget and the one-party leg- deductibility for middle-class families. islating that has stymied this Con- budget resolution that says that Con- gress needs to look at ways to increase Senator CAPITO has an alternative gress. I urge my colleagues on the Re- Federal revenues by increasing Amer- amendment that is incredibly vague publican side to reject this budget. ican energy production. What could be and leaves the door open to eliminating Come work with Democrats, and we wrong with increasing American en- State and local. It doesn’t say it will, can produce real, successful, bipartisan but it leaves it open. That is why a co- ergy production? tax reform. That provision that we are actually alition of groups, including the Na- I yield the floor. debating right now should be very bi- tional Governors Association, the U.S. The PRESIDING OFFICER. If no one partisan. Who is against that? Who Conference of Mayors, and organiza- yields time, the time will be charged could be against that? Why is this so tions representing firefighters, teach- equally to both sides. important? Why is the American en- ers, and sheriffs have just come out The Senator from Alaska. Mr. SULLIVAN. Mr. President, I ergy renaissance so important? against Senator CAPITO’s amendment. Well, as the Presiding Officer knows, know the Presiding Officer and all of Senator CANTWELL and VAN HOLLEN’s because his State is certainly involved our colleagues and those watching amendment, by contrast, is crystal in it, the energy renaissance that is today know that we have been focused clear: no elimination of State and happening in the United States right on the budget resolution. It is a very local. I hope my Republican friends now is a win, win, win, win, win on al- important document for the country, won’t vote to raise taxes on so many of most every category you can imagine. their middle-class residents. for the Senate, and for the Congress. What do I mean by the energy renais- Mr. President, finally, every morning There are a lot of big issues that we are sance? Right now in our great Nation I hear my friends the majority leader all focused on, but there is one I wish with our resources, we are producing and the chairman of the Finance Com- to talk about this morning that relates more oil, more natural gas, and more mittee talk about the need for tax re- to the budget document. Actually, to renewables than any other place in the form because the middle class is stuck be perfectly frank, it relates to a num- world. That is really good for the coun- in a rut and the economy isn’t working ber of the speeches made by my col- try. That is the renaissance. That is the way it should for American fami- leagues on the other side of the aisle. really a revolution in energy produc- lies. I agree with that assessment. We They have been coming down to the tion. It is something that you would need to do more to grow the economy, floor and talking about issues related think on the Senate floor should be create jobs, raise wages, and put money to energy, which is really important completely bipartisan. Unfortunately, in the pockets of average Americans, for America, the environment, which is it isn’t. but when you hear the details of the also very important to America, and— Let me talk a little bit about how plan they have to solve those problems, a little bit to my surprise, from all of this energy renaissance and what is in your head spins. Lower the tax rate on these experts coming to the floor— the budget resolution will produce big corporations and the top 1 percent, Alaska, which is my State. more energy for America by Ameri- repeal the estate tax, which goes only I am going to say a little bit more cans, which is good for the country. to estates of over $5 million, and elimi- about what some of my colleagues have Let’s count the ways. When I said win, nate critical middle-class tax breaks been talking about—my State. There win, win, win, win, I wasn’t joking. The like State and local deductibility. In seems to be a few experts on Alaska wins are all on the board. what world does that deliver middle- from States like Massachusetts and Or- First, there is energy security. For class tax relief or solve the problems egon. I just want to put things in per- our Nation, it is lower cost energy. we are talking about? spective from a Senator who is actu- With the increase in natural gas, we It is the same game they played with ally from the State and not these other are seeing the drop in the prices of nat- healthcare: Complain about high pre- Senators who, to be honest, don’t know ural gas for homes and manufacturers miums, deductibles, counties without much about what they are talking and increasing manufacturing. These enough insurers, and then each Repub- about. are enormously important for our Na- lican bill exacerbates the problem. The one thing you are seeing is that tion. The Republicans slide in their favor- it is for sure that you know there is There is economic growth and jobs. ite solution—tax cuts for the rich—as kind of an issue in the debate on the In the energy sector, these are good the answer to every ill. If the economy floor when you see talking points that jobs. The Presiding Officer has a lot of is doing well, Republicans push tax are just stale—talking points that, if these jobs in his State. I have a lot of cuts for the rich. If the economy is you took a speech from 30 or 40 years these jobs in my State. These are real- doing poorly, Republicans push for tax ago, are the same talking points. They ly important jobs. When you look at

VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.006 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6597 the weak economic growth in the eral and a commissioner of natural re- I don’t need to remind people that United States over the last 10 years, sources and energy in Alaska, I know a Russia and Iran right now are certainly the one sector that is actually driving little bit about this topic. I can tell our adversaries. Yet the policies that growth has been the energy sector. you two important points. some of my colleagues like to promote, How about the trade deficit? It is a My colleagues talk a little bit about and certainly the last administration big problem. Everybody has talked Alaska, the environment, and energy. promoted, are to drive away invest- about it. The President is very focused First, Senator MURKOWSKI and I care a ment, drive away energy production in on it. We are now starting to export oil lot more about the environment, the America, with the highest standards in and export natural gas. My State has wildlife, the pristine wilderness in our the world, so the Russians and the Ira- been exporting natural gas for over great, amazing State than any other nians can take the capital and produce four decades. That helps our trade def- Member in this body. I don’t need Sen- energy. They do not have high stand- icit. ators coming down from places like ards on the environment, and they are Then, when you look at the Federal Massachusetts, Oregon, Washington, our adversaries. It makes no sense—no budget deficit, energy is a huge posi- Vermont, and Rhode Island talking sense. tive impact on the Federal budget def- about Alaska’s environment. OK? So how do we do this in Alaska? icit. That is what the budget resolution Thanks. I don’t need it. I care way What are the environmental standards asks Congress to do in terms of policy: more than any of them. With all due that almost no other place in the Let’s produce more energy so we can respect, I know a heck of a lot more world—maybe Norway, maybe, to some produce more revenue for the Federal about it than any of them. degree, Canada—uses? What is the Government. That is a good idea. No- I also know this. In my State—and, I technology that enables us to produce body should be opposed to that. believe, in most of the country, but American energy, with American jobs, Mr. President, as you know, when we particularly in Alaska—Democrats, Re- with the American people, with the are the world’s energy superpower, as publicans, Alaskan Natives, and non- highest standards in the world? Let me we are, that really helps our national Natives certainly support the highest provide a few examples. First, what I security. It really helps our foreign standards on the environment, but we want everybody here to be aware of is, policy. A lot of Americans have been also support responsible resource de- do not believe these doomsday sce- concerned for decades that we have velopment. Here is the key issue: We narios. Don’t believe the misinformed troops in the Middle East, that we have know we can do both. You can protect commentary. When my Democratic troops in areas where energy is really the pristine, amazing Alaskan environ- colleagues come to the floor, with very important. Well, let’s produce it here. ment, and you can responsibly develop little knowledge about what is really I was in a meeting last year at the our resources. happening in this sector, don’t believe Munich Security Conference with the Let’s talk about how we do this. it. When they come to the floor and great Senator from Arizona and many Let’s talk about how this applies to talk about a State like mine—Alaska— of my colleagues. It was bipartisan. Alaska and how this applies to the rest about which they know next to noth- Senator MCCAIN led that codel to the of the country in general. As I mentioned, this is a really im- ing, don’t believe it. Munich Security Conference in Ger- Let me give one infamous example. many. We met with a very prominent portant point. We have the highest In the 1970s, we were debating in the Russian dissident who has been fight- standards on developing our resources Senate—and I think one of my col- ing and battling with Vladimir Putin. and our energy than anywhere in the leagues was maybe here then, probably At the very end of the meeting, we world, and we have some of the most using the same talking points—the asked a simple question: What more technologically advanced and sustain- Trans-Alaska Pipeline System, one of can we do in the United States to help able ways to develop resources in the the greatest energy infrastructure somebody like you, who is battling energy sector. That allows us to do projects in the history of the world: 800 against a dictator who doesn’t have our what I just mentioned, which is to pro- miles, 16 billion barrels of oil; at one interest at heart? Do you know what tect the environment and to develop point, 2 million barrels a day, from this very smart Russian official, a cou- our resources. rageous man, said? He said: America Here is a really important point that Americans, in America. The people who were against it came needs to produce more energy. That is a lot of my colleagues on the other side to the floor and said: Oh, no. The Cen- how you take down the leadership in of the aisle miss. They come down tral Arctic caribou herd is going to be the Kremlin—more energy. here, and this is what they talk This is national security. about—by the way, they were in alli- decimated if you do this—these beau- Let me say one more thing that ance with the last administration: How tiful animals that we care so much doesn’t get talked about a lot. It is not do we shut down energy development? about in Alaska. Those were the argu- just helpful in all of these areas. When How do we make it harder? How do we ments right on this floor. So what hap- the United States of America is pro- delay it? pened to the Central Arctic caribou? ducing energy, it helps the global envi- As I mentioned, I was attorney gen- Again, we care about these animals ronment. Some people say: Well, wait a eral and the DNR commissioner in way more than anybody else does in minute. A lot of the colleagues on the Alaska for almost 6 years of the Obama this body. In 1975, we had about 5,000 other side of the aisle come to the floor administration. It was all about how to caribou; today, 66,000. I don’t think the and kind of insinuate that when our shut it down in Alaska, how to delay it herd was decimated. We haven’t heard country produces energy, it actually in Alaska, and how to shut it down in that from anybody because they don’t hurts the environment. That is not the America. This is not what the country know, but that is the kind of doomsday case. When the United States produces wants. This is not what the country scenario we heard from people with no energy, it actually helps the global en- needs, and, certainly, it is one issue knowledge, and then, when it doesn’t vironment. that is often overlooked. This doesn’t happen, we don’t hear them on the Sen- Why is that the case? Let me just help the global environment, as they ate floor saying: Oh, we were wrong pause for a minute because, like I said, claim. It doesn’t. Why is that? Because about that. a lot of my colleagues are coming to when you chase away investment in Let me talk just briefly about some the floor and talking about Alaska, en- places like Alaska, with the highest of what we do to make sure we do this ergy, and the environment. Again, it is standards on the environment in the in the most responsible way in the not with a lot of knowledge. They are world, what does that do? That drives world. First, in the energy business, stale talking points, yes. They have capital and that drives investment to one thing we do is we explore. Again, in been using them for 40 years. Literally, places like Russia, Iran, and Brazil, Alaska we have the highest standards I think one of my colleagues has been whose standards are so much lower in the world. A lot of other places in in the Congress plus or minus 40 years than ours. the United States have these stand- and has been using the same talking Russians on the tundra in the Arctic ards. In the Arctic, we have what is points on this. don’t care anything about their envi- called no impact exploration. What As somebody who came to the Senate ronment. In my State and in the rest of does that mean? It means we literally previously from a job as attorney gen- America, we do. do everything to make sure there is no

VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.009 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6598 CONGRESSIONAL RECORD — SENATE October 19, 2017 impact on these great species like the and the technology is the most ad- nomination from the White House for polar bear. Again, we care a lot more vanced in the world. What could be Ambassadors to key countries like about our animals than my colleagues controversial about more energy pro- South Korea, Egypt, Jordan, Saudi on the other side of the aisle. duction? More energy production Arabia, and Qatar. No one has been What does no impact exploration means more American jobs, more nominated for Assistant Secretary for mean? Well, we undertake exploration American economic growth, more Arms Control, for Assistant Secretary required by State standards—these are American national security, more for International Security and Non- not Federal standards—where we essen- American energy security, decreased proliferation, for Assistant Secretary tially have what are called ice roads Federal budgets and trade deficits, and for Near Eastern Affairs, Assistant and ice pads. Let me show my col- a more sustainable global environment Secretary for South and Central Asian leagues what that means. We only because no one in the world produces Affairs, or for East Asian and Pacific allow for exploration in the winter on energy more responsibly than Ameri- Affairs. the tundra. When an exploration crew cans, especially Alaskans. How serious can the administration comes out, they have to build an ice Nevertheless, some of my Democratic be about nuclear threats with no Am- road—it is a road made of ice—over the colleagues will be putting forth an bassador to South Korea or no ambas- tundra. This photograph is an example amendment that does just the opposite. sadorial nomination for the key State of an ice road. Then they do explo- Think about that, an amendment that Department official around non- ration on an ice pad. They have drills, says let’s kill energy production, there- proliferation? And the President has and they do all this work on the ice, on by undermining American job growth, repeatedly undercut his Secretary of the tundra. They have about 4 months good jobs, American economic growth, State’s diplomatic efforts with North to do it and then they are done and American national security and energy Korea. then they leave. security, while increasing our budget President Trump’s most recent ac- What does the tundra look like after and trade deficits and harming the tion—his recent attack on diplomacy— is the decision to decertify the Iran that exploration on ice? Right here. global environment. That is a lose- deal, and I think this could be the most This is just one capped exploration lose-lose scenario to me, but that is dangerous yet. By stepping back from a well. It is as though nobody was even what is at stake tonight. there—literally zero impact. These are Later this afternoon, when we debate diplomatic deal that the United States Alaska standards, the highest in the that amendment—and I certainly ask made with the global community that is clearly working, the President is world. They are expensive, yes, but we all of my colleagues on both sides of publicly undercutting diplomatic nego- do it because we care so much about the aisle to reject any attempts to not tiations, and he is setting us on a road the environment. That is the explo- take advantage of this incredible op- where military options become increas- ration phase. portunity in America—the American ingly more likely. I will state it blunt- How about the production phase? energy renaissance that we need to ly. If you weaken diplomacy, you raise What has happened in the production continue—and this afternoon we are the risk of unnecessary war, and that is phase? The innovations in technology, going to have an opportunity to do what this President is doing. many of which have occurred in my that. First, President Trump’s refusal to State, have made it so the surface foot- Thank you. make the Iran certification and his print—when we actually put together a I yield the floor. The PRESIDING OFFICER. The Sen- threat to abandon the nuclear deal production pad—has shrunk dramati- with Iran recalls the disastrous U.S. ator from Virginia. cally. When we look at this chart, we entrance into the Iraq war in 2003, see Prudhoe Bay in the 1970s. The other NUCLEAR AGREEMENT WITH IRAN where intelligence was politicized, and developments in Alaska include Mr. KAINE. Mr. President, I rise to the administration repeatedly made Kuparuk, Alpine, and Liberty. What speak about the President’s action last false claims to justify going to war—a happens is, the surface footprint has week stepping away from certifying war of choice—to overthrow Saddam shrunk dramatically to 11, 12 acres Iran’s compliance with the nuclear deal Hussein. now. Yet the ability to horizontally that was negotiated between the U.S. The Bush administration insisted drill extends the reach of these wells allies and the nation of Iran. that regime change in Iraq was nec- underneath the ground, where we can National security is about military essary, and it insisted on that because reach resources in an incredibly vast power, but there is more to it than of the claim of Iraq’s continuing pro- manner without impacting the envi- that. America’s strength also comes ductions of weapons of mass destruc- ronment at all. from the power to use diplomacy. tion. If a rig was placed right here on the In October 1945, President Harry Tru- In March of 2003, the IAEA came out Capitol Building, in terms of horizontal man, my favorite President, changed and said there was no credible evidence drilling, it could extend out to Andrews the seal of the Office of the President that Iraq had a program of weapons of Air Force Base in Southeast, Silver to have the eagle face the olive mass destruction and that there was no Spring, MD, to the north, and well into branches of diplomacy instead of the evidence they had revived the nuclear Fairfax County—miles and miles and arrows of war, signifying that America program they shelved in the 1990s, but miles. Yet the surface footprint—the would also prefer that we use diplo- the Bush administration would not ac- impact on the environment—is mini- macy first. In modern times, our judg- cept that claim. It did not fit with the mal. ments to go to war rather than use di- narrative they were selling to the That is what we do. We don’t hear plomacy have been flawed. Under this American people about Saddam Hus- about it from the other side of the administration, diplomacy, in my view, sein so they said the IAEA was wrong. aisle, but it is really important, as we is under assault, and that is why I rise They said we needed to initiate war— debate these issues, that all Americans today. one that has proven so costly to Vir- know this. More energy for the country We see a decimated State in the ginians and to Americans in treasure is really positive. USAID budget. We see bellicose rhet- and in regional stability but especially In conclusion, tonight the budget res- oric from the President. We see efforts in American lives—to prevent Iraq olution is not just going to be a vehicle to undermine, publicly, American dip- from obtaining weapons of mass de- for tax reform, but there is also, as I lomats engaged in negotiations. We see struction. mentioned, going to be an instruction the refusal to even nominate key State We went to war. It turned out the sci- for increased revenues for the country Department diplomatic appointees. entists and the technicians and the for more American energy production. As of last week, the administration IAEA were right. Iraq didn’t have a It is a simple instruction. has not put forward a nominee for ap- program of weapons of mass destruc- As I mentioned, this should be very proximately 52 percent of high-level tion. The politicians who tried to un- noncontroversial. What could be wrong positions at the State Department that dermine the credibility of the inter- with more energy production, particu- require approval by the Senate. Thirty- national agencies were wrong. Of larly in a State like mine, where the two countries do not yet have Ambas- course, the consequences of that deci- standards are the highest in the world, sadors in place, and that includes no sion are significant. Ironically, you

VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.010 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6599 could claim—I believe there is strong safe. But when the IAEA, our allies, Iran pledges to never purchase, ac- evidence—that decision in 2003 has the head of the Joint Chiefs of Staff, quire, or develop military weapons. today led to greater Iranian influence the Secretary of Defense, and the Sec- That promise, which is in perpetuity, in Iraq and the region and a prolifera- retary of State all say that with re- gives us a legal justification, if they tion of extremist groups that didn’t spect to the nuclear deal, Iran is com- ever break it, to take action, including exist before. plying, we should avoid stepping back military action, to punish them for We are now hearing the Trump ad- on that deal, lest we suggest that the violating what they have signed. Do we ministration make similar claims United States cannot be trusted in want to give Iran the ability to step about Iran; that Iran will soon enough good faith to follow a deal. back from that promise they have have a nuclear weapons program, that Third, I worry about the timing of made by stepping back ourselves when the IAEA cannot be trusted, that Iran this effort to step away from the Iran the deal is working? supports al-Qaida, and from a Repub- deal with respect to the imminent Finally, the deal gives us a coalition. lican colleague: ‘‘The policy of the threat. I hear concerns about the Iran Our partners around the world who United States should be regime change deal and what Iran might be able to do have signed on to the deal, who have in Iran,’’ and from Secretary of State in year 8 or year 10 or year 15. Let me been witness to the Iranian pledge, who Tillerson, we need a ‘‘peaceful transi- tell you about something I am wor- know that Iran will have to perma- tion’’ of the Iranian Government. rying about this month, and that is the nently comply with the additional pro- We should stop to think, Is this real- North Korean nuclear program. tocol of inspections under the deal—if ly about the nuclear deal or is it about We have been in briefings, and we we move away from the deal and Iran beginning a drumbeat from the admin- hear the Secretary of Defense and the moves away from the deal, could we istration to march the United States Secretary of State say to us and say to count on the coalition partners being toward another preventable war in the the world: The United States will al- with us to try to put a deal back to- Middle East? ways push for a diplomatic solution. gether when it is we alone among the Second, while threatening to unilat- We are never out of diplomatic solu- partners who have walked away from erally terminate the nuclear deal at tions. the table? What coalition could we ex- any time, President Trump also wants But let’s be candid. What are the pect if we are the ones who walk away to revisit the terms of the deal to ad- chances of a diplomatic solution with from the table, if we say we are not in- dress what he sees as its flaws. North Korea that would end or dra- terested in diplomacy? Then, later, if This isn’t new. Since the day the deal matically limit their nuclear weapons we need to take military action was announced, some critics have ar- ambitions? I don’t think the chances against Iran after we walked away gued that we could get a better deal or are high. I would say they are 20 per- from a deal, could we expect a coali- tion to support us in that? push for an alternative. I wasn’t then, cent at best. They are not zero, but I would like to conclude in this way: nor am I now, interested in the world they are not high, either. But if there I think the President’s decision to step of hypotheticals. I am interested in the is any chance of a diplomatic negotia- back from this diplomatic deal poses a world of facts. The fact is, the deal is tion and a diplomatic end to this pro- real challenge for this Congress. The working, and it is dramatically better gram, don’t we owe it to the American President has done some things I agree than the alternative for at least 15 public and don’t we owe it to our with. He has done a number of things I years or possibly longer. troops to seek to exhaust and explore disagree with. He has done only one Additionally, if we want to renego- it? Of course we do. Yet every time thing that scares me, and it is this. I tiate the deal, Iran will seek to do the Secretary of State Tillerson talks think that, together with defunding same. If we take a step back from the about trying to have some diplomatic the State Department and pouring cold deal, Iran will take a step back, and outcome to pressure the Chinese to use water on diplomacy and not filling key what will they ask for—that they get leverage against North Korea, the posts, this leads us closer to an unnec- to now increase centrifuges or get some President pours cold water on him. essary war. When you reject diplomacy of their enriched uranium back? I don’t I would argue that stepping back or weaken it, you run the risk of an un- want to give Iran one thing back from from the Iran deal sends an unmistak- necessary war. this deal, but if we step back from a able signal to North Korea if I am I have had to cast two war votes in deal that is working and say we want right, and there is even a small chance the Senate, both as a member of the to renegotiate, they will, too, and I of a diplomatic resolution. But the Senate Foreign Relations Committee. I don’t think we should tolerate that. message we send to North Korea is that have been a city councilman, a mayor, Most wars start because of mis- the United States will back out of a a Lieutenant Governor, and a Gov- calculations. The notion that we can nuclear deal even when it is being com- ernor, and casting a war vote is dif- renegotiate the deal just on our side plied with. I think we drive the chances ferent from any vote you ever have to and the other side wouldn’t think of re- of a diplomatic resolution with North cast—any vote you ever have to cast. I negotiation is magical thinking. The Korea down to zero, and we should not have a son in the military, and that U.S. entrance in World War I 100 years do that. makes that vote different from any ago started with miscalculations— There is significant evidence that vote I have cast in 23 years in public most nations do. A miscommunication, while Iran’s nonnuclear behavior is life. As a Member of Congress, I may a misunderstanding, another step, an- worthy of additional sanctions and have to cast other votes to go to war other step, and you are at war. We pressure, the deal on the nuclear pro- against other nations, whether against should be very, very wary. gram is working. Our closest European nonstate terrorist groups or against a I and all of us are very willing to go allies, U.S. intelligence services, the nation like North Korea or even Iran if after Iran on the nonnuclear front. It IAEA, the P5—when I visit Israel and they break for nuclear weapons. If I was just 2 months ago that we passed— speak to national security and intel- have to cast that vote, if I have to con- I think unanimously; maybe there was ligence leaders, such as Gadi Eisenkot, template putting Congress on record one ‘‘no’’ vote in this body—a set of who is essentially the equivalent of the that we should go to war, I want to be stiff sanctions against Iran, North head of our Joint Chiefs of Staff, they able to look American troops in the Korea, and Russia. We have given the say Iran is complying with the deal, face and say: I exhausted every diplo- power to the President to impose more and it is making the world safer in the matic option before I cast this vote. I sanctions on Iran for bellicose behav- near and medium term. Secretary think that is an obligation we owe to ior, for activities in other countries, Dunford and General Mattis have said the public and to our troops. We have for violations of human rights, and for the same thing. to exhaust diplomacy. violating U.N. Security Council resolu- The deal gives us more intelligence There may come a time when that tions on their missile program. The because we have inspections that we eagle just cannot face the olive President should use the sanctions didn’t have before. We have more in- branches of diplomacy, but we have to power we just gave him to go after spections, and we know more about insist on military strength to keep Iran’s activities that violate inter- their program. In the first paragraph of order in the world and protect Ameri- national norms and make America less the deal, on the first page of the deal, cans. But if we turn to those arrows of

VerDate Sep 11 2014 23:38 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.011 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6600 CONGRESSIONAL RECORD — SENATE October 19, 2017 war, we should be able to look at our want to preserve. God has blessed Alas- have a 350-ship Navy, not 278; that we public and look at our troops and say ka with a lot of natural resources, and have an Army consistent with the we exhausted diplomacy. it would be good for the people of Alas- threats—about 520,000 versus 420,000. Stepping away from a diplomatic ka and the United States as a whole. The No. 1 job of the Congress and the deal that is working is exactly the Every liter of gas and barrel of oil we Federal Government is to defend the wrong thing for us to do at this time. can extract from Alaska in an environ- Nation. That is a different debate. That It is my hope that Congress will not mentally sound way is less to buy from is not part of the budget. The budget dignify what the President is doing in people who hate our guts. We are going resolution doesn’t change defense this regard and that we will insist, yes, to be using oil and gas for a long time spending caps. Hopefully, we can do upon strict compliance and also insist to come. I want to move to a lower car- that later, working with our Demo- upon sanctions against Iran for non- bon economy. I think that would be cratic friends. nuclear behavior. But let’s not be a na- good for the environment and good for This is the last best chance we will tion that refuses to keep its diplomatic our economy. Alaska has been blessed have to cut taxes. If this budget resolu- commitments. The stakes are just too with natural resources, and I think tion fails, the ability to cut taxes on high. Senator SULLIVAN explained how sen- President Trump’s watch goes away. Mr. President I yield the floor. sitive they are in the extraction proc- To those of you on the Republican The PRESIDING OFFICER (Mr. SUL- ess. But it would be insane to take side who have been claiming that we LIVAN). The Senator from South Caro- Alaska oil and gas off the table for need tax cuts and a simpler tax code, lina. America because in that area, Russia is this is your chance. If we don’t succeed Mr. GRAHAM. Mr. President, I wish all over the place, and, trust me, they now, we are going to fail for the entire to take a few minutes to support the don’t care about the environment. term of President Trump. That will be effort to pass the fiscal year 2018 budg- One thing this budget doesn’t do is it the end of us as a party, because if you et resolution. I am on the Budget Com- doesn’t change the Budget Control Act are a Republican and you don’t want to mittee, and I am pretty familiar with caps. There is one member of our cau- simplify the Tax Code and cut taxes, the document. It provides a pathway to cus who claims that this budget is what good are you to anybody? balance. It actually has a $197 billion somehow fiscally irresponsible. It is Our friends on the other side have surplus in 2027, and it allows for tax not. It actually leads to a surplus. really invested in ‘‘the government.’’ cuts. There is nothing in this budget that Somebody needs to be involved in To Republicans—and Democrats too; allows for more defense spending. The American politics who would actually you are welcome to join—the only way overseas contingency operations ac- like to send more money to you and we are ever going to meaningfully get count is money set aside for our mili- less money to the government in a re- a tax cut is to pass a budget reconcili- tary and State Department to deal sponsible way. ation instruction. This budget allows with the wars we are fighting that are So I hope we are going to cut the cor- us to cut taxes. I hope some Democrats not part of the Budget Control Act. We porate tax rate to make us competi- will join us, but if they choose not to, have been doing that for years. So for tive. We are going to double the stand- we can do it with a simple majority. If anybody to suggest that this author- ard exemptions so working people will we don’t pass this budget, we can’t cut izes an explosion of spending on the de- have more money in their pockets. We taxes unless we get 60 votes. With our fense side—you literally don’t know are going to clean up some of the de- friends on the other side—I think it is what you are talking about. If you ductions and exemptions for the few at going to be hard to get any Democrats looked at the details of the budget, you the expense of the many. But we can for a meaningful tax cut. They are not would find that it cuts spending by $5.1 only do that if we pass a budget resolu- bad people; they just see things dif- trillion and actually has a $197 billion tion. ferently. When they spend money, they surplus 10 years from now. A final thought. From the Repub- think that is good. They don’t worry But I want to let the body know—and lican Party point of view, we have the about the deficit. When we cut taxes, the Presiding Officer will be right in House, the Senate, and the Presidency. the deficit is the most important thing. that fight—that I, along with Senator We have nobody to blame in this exer- My belief is that not only will we not MCCAIN, President Trump, General cise but ourselves. If you are a Repub- have a deficit, we will actually have a Mattis, Senator SULLIVAN, Senator lican and you are frustrated with the surplus because this budget does two BLUNT, and many others, am going to lack of progress, count me in. The things: It restrains spending by $5.1 do everything I can to give the mili- President is a willing partner to help trillion over the next decade, and it ac- tary more resources to fight wars we us repeal and replace ObamaCare and tually creates a system for tax cuts to can’t afford to lose. to get a healthy tax cut to grow an spur economic growth. I look forward to this debate with economy that is dying to grow. But we If we could grow the GDP number by some of my colleagues on the other have to help ourselves. just 1 percent, that would be trillions side and a few on this side. If we can’t muster the votes nec- of dollars of revenue. To those who are Really, is it smart to have the small- essary to pass this budget resolution to interested in this, we have been grow- est Navy since 1950? Is it really smart cut your taxes, then everybody who ing at about 1.9 percent GDP per year to have an Army 1940s-size given what supported us for all these years should over the last 8 years—right around 2, is going on in the world, having fighter feel let down, and we will have let you sometimes under, sometimes a bit squadrons grounded not because the down. I hope that doesn’t happen. I am over. The historical average since enemy shot us down but because the confident it won’t. But to those Repub- World War II has been 3.2. If we could Congress shot us down? licans who believe that a ‘‘no’’ vote is get back to 3.2 percent GDP growth, We are spending about 3.2 percent of good for the future of conservatism and there would be trillions of dollars com- GDP on defense. Historically, since the future of the economic well-being ing in to the Treasury, and I believe we World War II, it has been about 5. Tell of the country, I could not disagree can. me how you justify spending that much with you more. You will never balance President Trump is trying to deregu- less today given the world we have to the budget by dealing with discre- late America after 8 years of heavy reg- deal with. Where is the peace dividend? tionary spending alone. We are at 2008 ulation, but he can only do so much Since 2011, when sequestration was levels of discretionary spending. What through Executive order. passed, the world has deteriorated. balances the budget is entitlement re- Senator SULLIVAN, the Presiding Offi- President Trump is promising to re- form. If you want to balance the budg- cer, talked about the opportunities in build the military, give them the capa- et, vote for Graham-Cassidy because it Alaska. I have learned a lot about bility they need to keep the enemies at finally puts Medicaid on a sustainable Alaska. There are 750,000 people living bay and not fight wars with one hand path. in a State twice the size of Texas. It is tied behind their back. So I will be We have to deal with our entitlement beautiful as it can be. Environ- working with Senator MCCAIN and problem, but that is not in this budget mentally, you are very sensitive. That many others to make sure that our reconciliation instruction. This in- is one of the qualities of Alaska you military is replenished; that we do struction allows us to cut taxes with a

VerDate Sep 11 2014 23:47 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.012 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6601 majority-only vote and gets to balance were not seeing that better job out this Tax Code creates headache after or a surplus in 2027. there that was largely available to headache. From a Republican point of view, those very same hard-working families There is one estimate that individ- this is the most important vote we are in the past because we aren’t as com- uals and businesses complying with the going to cast in 2017. If we fail, that is petitive as we need to be. complicated tax system we have costs the end of this party’s ability to grow. There ought to be a couple of things $267 billion a year. That is half of the All of those who worked hard to get us we focus on. One is, how do you create defense budget. If people are spending here are going to be disappointed, and tax relief for working families right half of the defense budget just to com- they should be. now so that, as soon as possible, they ply with the Tax Code, there has to be We are not going to disappoint you. begin to see a check that has more something wrong with that, and we can We are going to pass this budget reso- take-home pay? The other way to in- do better. I think the proposals we are lution. We are going to cut your taxes, crease take-home pay is to increase talking about will do a better job. and we are eventually going to rebuild starting pay, to make those jobs bet- Right now, the individual Tax Code and replace ObamaCare, which is fail- ter. That is where we need to be look- has seven different brackets—seven ing, with a block grant that gets the ing on the other end of the spectrum. rates—and you have to figure out how money and power closer to where you On the end that creates jobs, what do they apply to whatever income you live, in the hands of the people you can we need to do to make ourselves more have had. It has 100 different credits, vote for. We are going to succeed. competitive? What do we need to do to deductions, exclusions, and other pro- With that, I yield the floor. constantly have the kind of pressure on visions that make it extremely dif- The PRESIDING OFFICER. The Sen- the working job market that allows ficult to know what you owe or when ator from Missouri. people who are working hard for a liv- you are going to owe what you owe. Mr. BLUNT. Mr. President, let me ing to have better opportunities than According to the American Action first agree with the point that the Sen- they would have otherwise because we Forum, the IRS currently imposes 8.1 ator from South Carolina just made are more competitive than we would be billion hours of paperwork on Ameri- about the importance of passing a tax otherwise? cans, which amounts to about 54 hours bill this year. He made the point—and I think the entire focus of this dis- per taxpayer who is paying taxes. It is if he didn’t, I will make it—that if we cussion should be, what do we do that more for some, less for some, but a don’t pass a tax bill this year or at improves the opportunities and im- week’s worth of work—54 hours of least get most of the way there—I hope proves the future for hard-working work—for taxpayers who pay their we get done with this tax process this families? You can do that with a tax taxes. Every taxpayer gives that week year. If we don’t get that done, I think cut right now, which we should do. You to the Federal Government. we won’t have another opportunity to can do that with policies that make We are streamlining the Tax Code, pass a tax bill in the next 4 years. more sense as we try to compete with increasing the basic deduction that On the other hand, if we do pass a tax the people we compete with around the families can have. If they don’t want to bill this year, we will have the incen- world. tive to take a second look in 2019, You can’t have the highest corporate go through the complicated Tax Code— maybe 2020, but probably in 2019. The tax in the entire world and assume you here is how many of us there are who point I am making is, we don’t have to are going to be the most competitive live at our house. Here is the basic de- do everything that could possibly be country in the entire world. You can’t duction we get for each of those people done to improve the Tax Code this year have a tax system that is uniquely dif- living at our house. Here is how much to take an important step. But if we ferent as it relates to products you sell we subtract from the money we make. don’t take that important step, my be- overseas and expect to be more com- Here is how much we need to pay. lief is we are likely not going to have petitive than the countries who don’t There is no reason that one of the the kind of tax relief that working have that unique system, which penal- compliance options can’t be a postcard families need in the next 4 years. So izes rather than encourages American or a piece of paper. In fact, when the not only is the pressure on the Repub- products to be sold in other places. current income tax was imposed on the lican Senate, the Republican House, The Senate will vote later today on a American people, the entire set of in- and a White House that wants to work budget resolution that reduces Federal structions were on one page—the entire with us to get this done, but the pres- spending by $5 trillion over 10 years, set of instructions for everyone who sure should be on everyone who cares provides a stronger foundation for eco- had to fill out the income tax form— about hard-working families. And the nomic growth, and allows us to move with the assurance that only the rich- pressure should be on everyone who forward in the first, necessary legisla- est people would ever pay any income wants to see tax relief for those fami- tive step in the Senate so that we can tax, so most Americans would never lies happen. We need to understand then move immediately to tax policy. have had to read that instruction sheet that it needs to happen now. This is a budget that will allow us to at all. Fights that can’t be won in the next reduce taxes by $1.5 trillion over 10 Now most Americans find it almost few weeks can be won in this Presi- years, a budget that would put more impossible to read the 100 pages of in- dential term but only if we take this money in the pockets of hard-working structions that just get them to the step successfully right now. As the families, a budget that would add some Tax Code itself. Streamlining the Tax Senator from South Carolina and oth- opportunity to that struggle where, for Code, helping families keep more of ers have pointed out, this is an impor- almost a decade now, things haven’t their money, figuring out a way we can tant two-step process. seemed to be getting better or easier. be more competitive so there is oppor- The first step is a budget that allows They seemed to be getting more dif- tunity for better jobs in the future, all us to move forward so that we can do ficult because we were less competitive should be important priorities for this this under the budget rules and allow and there was less pressure to find the Congress. 51 Senators to pass a bill on tax re- workforce to do the jobs that need to Passing a budget today will allow us form. By the way, they don’t have to be be done. And then this is a tax code to take the first step, which then al- 51 Republicans. I suspect that is what that will make it simpler and fairer lows us to take the next step in tax re- will happen, but once we get to 51 Re- and more uniformly impactful on ev- lief that matters and makes sense to publicans, I would love to see Demo- eryone who pays taxes. the American people. We will take that crats join us. I would love to see them Most people don’t mind paying taxes step today. We should take that step join us before that. on the income they have until they today. This is the kind of help that hard- find out that their neighbor next door We should then follow up as quickly working families need—families who, with the same income has figured out as possible to win the fights that can for 9 years, were stuck in a situation how not to pay taxes. There is a reason be won this year so Americans can where their buying power wasn’t in- American families and American busi- start next year understanding that creasing, their job opportunities nesses can’t get through April without their Tax Code is simpler, the Tax Code weren’t increasing. They generally a bottle of aspirin. There is a reason is fairer, and their opportunities are

VerDate Sep 11 2014 23:47 Oct 19, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.014 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6602 CONGRESSIONAL RECORD — SENATE October 19, 2017 likely to be greater. But for hard-work- Without objection, it is so ordered. cratic participation. We are going to ing families, their take-home pay will Mr. WYDEN. Mr. President, very have a markup in the Senate Finance definitely be higher than it is today. quickly, the principles that the Senate Committee, and there will be unlimited I yield the floor. Democrats have laid out in our letter amendment opportunities. If we are The PRESIDING OFFICER. The Sen- are very much in line with what the able to report something out, then ator from Oregon. President says he wants. Now what we there will be unlimited amendment op- Mr. WYDEN. Mr. President, how have to do is to have a bipartisan proc- portunities on the floor. There is noth- much time remains on our side? ess to advance it. You do not get that ing that we could do to stop it if we The PRESIDING OFFICER. The with reconciliation. I hope the Senate wanted to because those are the rules Democrats have 4 minutes remaining. supports my amendment. of reconciliation. Every Democrat in AMENDMENT NO. 1302 I yield the floor. this body will have an unlimited oppor- Mr. WYDEN. Mr. President, yester- The PRESIDING OFFICER. The Sen- tunity to weigh in on this, to influence day I was at a meeting with the Presi- ator from Pennsylvania. this, and to amend this, and it will be dent at the White House, along with Mr. TOOMEY. Mr. President, I ask a fully bipartisan exercise. several members from both sides of the unanimous consent that there be 2 I urge a ‘‘no’’ vote on the amend- Senate Finance Committee. I said to minutes of debate equally divided prior ment. the President flatout that Democrats to each vote in the 11:45 a.m. vote se- The PRESIDING OFFICER. The agree that the Tax Code is a broken, ries this morning. question is on agreeing to the amend- dysfunctional mess. Finance Demo- The PRESIDING OFFICER. Is there ments. crats yesterday laid out to the Presi- objection? Mr. BARRASSO. Mr. President, I ask dent our principles for reform, focusing Without objection, it is so ordered. for the yeas and nays. on the middle class—not 1 percent—and Under the previous order, there will The PRESIDING OFFICER. Is there a being fiscally responsible so that Con- now be 2 minutes of debate, equally di- sufficient second? gress doesn’t turn around and look at vided, prior to a vote in relation to There appears to be a sufficient sec- gutting safety-net programs such as amendment No. 1302, offered by the ond. Medicare and Medicaid or Social Secu- Senator from Oregon, Mr. WYDEN. The clerk will call the roll. rity. The Senator from Oregon. The legislative clerk called the roll. I think it would be fair to say that a Mr. WYDEN. Mr. President, I think I Mr. DURBIN. I announce that the whole lot of ears in that room perked have made the case. Senator from New Jersey (Mr. MENEN- up when the President said: Hey, I am To my colleagues, what the Amer- DEZ) is necessarily absent. for those kinds of things. The Presi- ican people have told us—and they cer- The PRESIDING OFFICER (Mrs. dent talked to us about wanting help tainly said this during this last work FISCHER). Are there any other Senators for the middle class. He said that this period—is that they understand that in the Chamber desiring to vote? is not supposed to be about people like the big challenges in this country re- The result was announced—yeas 47, him, and he said that he doesn’t want quire bipartisan approaches. That is nays 52, as follows: to shred the safety net. what President Reagan understood [Rollcall Vote No. 225 Leg.] Unfortunately, as I have indicated, when he brought together Democrats YEAS—47 there are gaps as wide as Crater Lake and Republicans for comprehensive tax Baldwin Gillibrand Nelson among all of the administration’s reform. Bennet Harris Peters statements, the rhetoric about taxes, We need to pass this amendment to Blumenthal Hassan Reed and the reality of what is actually strike the reconciliation instructions Booker Heinrich Sanders from the budget because they send all Brown Heitkamp Schatz written down on paper about its tax Cantwell Hirono cut plan. The Republican plan—this ad- of the wrong signals with respect to Schumer Cardin Kaine Shaheen ministration’s plan, which actually is tax reform. Carper King Stabenow Casey Klobuchar written down on paper, doesn’t resem- The American people understand Tester Coons Leahy Udall ble what the late President Reagan ac- what it takes to tackle big issues. They Cortez Masto Manchin Van Hollen complished in partnership with Demo- understand that tax reform should be Donnelly Markey about the middle class. It should not be Duckworth McCaskill Warner crats in 1986. Back then, the two sides Warren about the 1 percent, and it should not Durbin Merkley brought their best ideas forward and Feinstein Murphy Whitehouse passed major tax reform built around be about causing a huge, new sea of red Franken Murray Wyden the idea that America is strongest ink. NAYS—52 when the middle class is prospering. I urge my colleagues to support my What is on paper today is just an enor- amendment to strike the reconcili- Alexander Flake Perdue Barrasso Gardner Portman mous gift to the top of the top—the ation instructions from the budget. Blunt Graham Risch most fortunate special interests. The PRESIDING OFFICER. Who Boozman Grassley Roberts I hope the Senate, in a few minutes, seeks time in opposition? Burr Hatch Rounds The Senator from Pennsylvania. Capito Heller Rubio will vote for my amendment to strike Cassidy Hoeven Mr. TOOMEY. Mr. President, we have Sasse the reconciliation instructions from Cochran Inhofe Scott Collins Isakson the budget because budget reconcili- an opportunity today to give ourselves Shelby Corker Johnson ation is exactly the kind of partisan the tool to pass a tax reform bill that Strange Cornyn Kennedy Sullivan process, at least for taxes—especially will absolutely mean tax relief for mid- Cotton Lankford for taxes, given the importance of dle-income and working-class families Crapo Lee Thune and will promote the kind of economic Cruz McCain Tillis taxes in this particular budget—budget Toomey growth that we have been waiting for, Daines McConnell reconciliation is exactly the kind of Enzi Moran Wicker approach that President Reagan re- but to do it, we are going to have to de- Ernst Murkowski Young jected in 1986. feat this amendment and pass the un- Fischer Paul I hope my colleagues will support my derlying budget. NOT VOTING—1 What my friend from Oregon is sug- amendment, striking the reconcili- Menendez ation instructions from the budget. gesting is that we give a minority in Senate Democrats have outlined our the Senate the opportunity to defeat The amendment (No. 1302) was re- principles for reform. tax reform by filibuster. That is what jected. The PRESIDING OFFICER. The Sen- would happen if we were to pass this AMENDMENT NO. 1393 TO AMENDMENT NO. 1116 ator’s time has expired. amendment. The PRESIDING OFFICER. Under Mr. WYDEN. Mr. President, I ask I have to disagree strongly with the the previous order, there will now be 2 unanimous consent for an additional 30 notion that somehow this is not a bi- minutes of debate, equally divided, seconds. partisan exercise. There is nothing prior to a vote in relation to amend- The PRESIDING OFFICER. Is there about reconciliation that in any way ment No. 1393, offered by the Senator objection? discourages or prevents full Demo- from West Virginia, Mrs. CAPITO.

VerDate Sep 11 2014 03:39 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.015 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6603 The Senator from West Virginia. payers claiming the State and local de- minutes of debate, equally divided, Mrs. CAPITO. Madam President, I duction make less than $100,000. These prior to a vote in relation to amend- call up amendment No. 1393. hard-working, middle-class folks are ment No. 1141, offered by the Senator The PRESIDING OFFICER. The not going to appreciate Congress dou- from Washington, Ms. CANTWELL. clerk will report. ble-taxing them. Ms. CANTWELL. Madam President, I The Senator from West Virginia [Mrs. CAP- The fact is, the Capito amendment is call up amendment No. 1141, as pro- ITO] proposes an amendment numbered 1393 Washington lingo that would produce a vided under the previous order. to amendment No. 1116. Republican tax plan that hits the mid- The PRESIDING OFFICER. The Mrs. CAPITO. Madam President, I dle class, yet again, with more taxes. clerk will report. ask unanimous consent that the read- Under Capito, you could again have one The senior assistant legislative clerk ing of the amendment be dispensed hand giveth and the other hand taketh read as follows: with. away. You might have the Republicans The Senator from Washington [Ms. CANT- The PRESIDING OFFICER. Without say let’s double the standard deduc- WELL] proposes an amendment numbered 1141 objection, it is so ordered. tion, but then when those middle-class to amendment No. 1116. The amendment is as follows: folks lose their deduction for State and Ms. CANTWELL. Madam President, I (Purpose: To help provide tax relief to mid- local taxes and their personal exemp- ask unanimous consent that the read- dle-class Americans by reducing deduct- tions, they are in a big hole. ing of the amendment be dispensed ibility, for Federal tax purposes, of federal Reject this amendment, reject with. deductions, such as the state and local tax sleight-of-hand tax policy and those ap- The PRESIDING OFFICER. Without deduction which disproportionally favors proaches like this that hurt hard-work- high-income individuals) objection, it is so ordered. ing, middle-class families. The amendment is as follows: At the end of title III, add the following: I yield the floor. SEC. 3 lll. DEFICIT-NEUTRAL RESERVE FUND The PRESIDING OFFICER. The (Purpose: To create a point of order against RELATING TO TAX RELIEF FOR question is on agreeing to the amend- legislation that would raise taxes on mid- dle class families by double-taxing income HARD-WORKING MIDDLE-CLASS ment. AMERICANS. Mr. ENZI. Madam President, I ask already taxed at the state or local level) The Chairman of the Committee on the At the end of title IV, add the following: Budget of the Senate may revise the alloca- for the yeas and nays. The PRESIDING OFFICER. Is there a SEC. 4ll. POINT OF ORDER AGAINST ANY TAX tions of a committee or committees, aggre- BILL THAT RAISES TAXES ON MID- gates, and other appropriate levels in this sufficient second? DLE-CLASS FAMILIES BY ELIMI- resolution, and make adjustments to the There appears to be a sufficient sec- NATING OR LIMITING THE STATE pay-as-you-go ledger, for one or more bills, ond. AND LOCAL TAX DEDUCTION. joint resolutions, amendments, amendments The clerk will call the roll. (a) POINT OF ORDER.—It shall not be in between the Houses, motions, or conference The bill clerk called the roll. order in the Senate to consider any bill, reports relating to changes in Federal tax Mr. DURBIN. I announce that the joint resolution, motion, amendment, laws, which may include reducing federal de- Senator from New Jersey (Mr. MENEN- amendment between the Houses, or con- ductions, such as the state and local tax de- DEZ) is necessarily absent. ference report that repeals or limits the duction which disproportionally favors high- The PRESIDING OFFICER. Are there State and Local Tax Deduction. income individuals, to ensure relief for mid- any other Senators in the Chamber de- (b) WAIVER AND APPEAL.—Subsection (a) dle-income taxpayers, by the amounts pro- siring to vote? may be waived or suspended in the Senate vided in such legislation for those purposes, The result was announced—yeas 52, only by an affirmative vote of three-fifths of provided that such legislation would not in- nays 47, as follows: the Members, duly chosen and sworn. An af- crease the deficit over either the period of [Rollcall Vote No. 226 Leg.] firmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall the total of fiscal years 2018 through 2027. YEAS—52 be required to sustain an appeal of the ruling Mrs. CAPITO. Thank you, Madam Alexander Flake Perdue President. of the Chair on a point of order raised under Barrasso Gardner Portman subsection (a). I would like to speak, for my 1 Blunt Graham Risch minute, about this amendment, which Boozman Grassley Roberts Ms. CANTWELL. Madam President, prioritizes tax relief for the middle Burr Hatch Rounds this amendment simply raises a point Capito Heller Rubio of order on any legislation that modi- class over the State and local tax de- Cassidy Hoeven Sasse fies or eliminates State and local tax duction, which disproportionately ben- Cochran Inhofe Scott Collins Isakson deductions. I know there are many efits the wealthy and high earners. Shelby Corker Johnson Only 1 percent of the State and local Strange States that have tax deductions from Cornyn Kennedy Sullivan their Federal obligations on property, deduction benefits go to taxpayers who Cotton Lankford earn less than $50,000 annually. Tax re- Crapo Lee Thune but I am specifically talking about form means higher wages, lower taxes Cruz Manchin Tillis States like Washington, Wyoming, Ne- Toomey for middle-class workers. To unlock Daines McCain vada, South Dakota, Alaska, Florida, Enzi McConnell Wicker Texas, and Tennessee. these benefits, we must reduce expen- Ernst Moran Young sive deductions that do little to benefit Fischer Murkowski We have had the ability to itemize and deduct our sales tax from our Fed- everyday Americans. Keeping the State NAYS—47 and local tax deduction without modi- eral income tax. That has resulted in a Baldwin Gillibrand Paul savings to the taxpayers. Under the fication would cost more than $1 tril- Bennet Harris Peters lion over 10 years. That money would Blumenthal Hassan Reed President’s proposal of increasing the be better spent on relief for the middle Booker Heinrich Sanders standard deduction, even for house- class. Brown Heitkamp Schatz holds between $50,000 and $70,000, if you Cantwell Hirono Schumer Middle-class workers will benefit Cardin Kaine repeal their ability to continue to Shaheen itemize, even with the standard deduc- from the enhanced 0-percent bracket, Carper King Stabenow Casey Klobuchar enhanced child tax credit, and lower Tester tion, you are raising taxes on them. It Coons Leahy Udall will not be covered. The standard de- rates that will be part of this reform. Cortez Masto Markey Van Hollen We cannot let an unwillingness to re- Donnelly McCaskill duction is only $12,000. For that brack- duce deductions for the wealthy stand Duckworth Merkley Warner et in my State, they are deducting up in the way of relief for the middle-class Durbin Murphy Warren to $23,000. Feinstein Murray Whitehouse Please do not raise taxes on our con- working folks of this great country. Franken Nelson Wyden I hope my colleagues will join me in stituents without a due process and a prioritizing middle-class families by NOT VOTING—1 budget point of order that says that we supporting this amendment. Menendez are all going to be a part of this proc- The PRESIDING OFFICER. The Sen- The amendment (No. 1393) was agreed ess and discussion before you take ator from Oregon. to. away a way for our citizens to save Mr. WYDEN. Madam President, I rise AMENDMENT NO. 1141 TO AMENDMENT NO. 1116 money. in strong opposition to the Capito The PRESIDING OFFICER. Under I ask my colleagues to support this amendment. More than half the tax- the previous order, there will now be 2 amendment.

VerDate Sep 11 2014 03:39 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.018 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6604 CONGRESSIONAL RECORD — SENATE October 19, 2017 The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- that Senator MURRAY and I would like ator from Wyoming. sen and sworn not having voted in the to present to the Senate for its consid- Mr. ENZI. Madam President, this affirmative, the motion is rejected. eration and the President’s consider- amendment is corrosive to the budget The point of order is sustained and ation and the consideration of the resolution’s privilege. So it falls out- the amendment falls. House of Representatives be printed in side the scope of what is appropriate The Senator from Tennessee. the RECORD following my remarks. for inclusion. Adoption of corrosive Mr. ALEXANDER. Mr. President, I The Republican Senators who are co- amendments could be fatal to the reso- ask unanimous consent to speak for up sponsoring the Alexander-Murray pro- lution’s privilege, and loss of privilege to 10 minutes, and that following my posal, in addition to me, are Senator could compromise our ability to pass remarks, the Senator from Wash- ROUNDS, Senator GRAHAM, Senator tax reform and enforce the budget ington, Mrs. MURRAY, be allowed to MCCAIN, Senator CASSIDY, Senator COL- spending limits. Further, this amend- speak for up to 10 minutes. LINS, Senator ERNST, Senator MUR- ment is also nongermane. The Congres- The PRESIDING OFFICER. Without KOWSKI, Senator BURR, and Senator sional Budget Act requires that amend- objection, it is so ordered. CORKER. I thank them all for doing ments to a budget resolution be ger- HEALTHCARE that. Senator MURRAY will talk about mane, which is a statutory require- Mr. ALEXANDER. Mr. President, a the equal number of Democratic co- ment we can’t ignore. So I raise a point week ago Saturday night, I was having sponsors that we have. of order against this amendment under dinner with my wife. It was about 8:30 We hope Senator MCCONNELL and the Budget Act, section 305(b)(2). in the evening, and the telephone rang, Senator SCHUMER, the President of the The PRESIDING OFFICER. The Sen- my cell phone, sitting in my pocket. I United States, and the House of Rep- ator from Washington. pulled it out, and it was the White resentatives will consider our proposal. Ms. CANTWELL. Madam President, This is a first step—improve it and pass pursuant to section 904 of the Congres- House operator. The President was it, sooner rather than later. Our pur- sional Budget Act of 1974, I move to calling. So I walked out of the res- pose is to stabilize and then lower the waive section 305(b)(2) of that act for taurant, sat on a curb outside in the cost of premiums in the individual in- the purposes of the pending amend- dark, and had about a 15-minute con- surance market for the years 2018 and ment, and I ask for the yeas and nays. versation with the President of the The PRESIDING OFFICER. Is there a United States while my dinner got 2019. In plain English, most Americans get sufficient second? cold. There appears to be a sufficient sec- President Trump said: I am calling their insurance from the government ond. about the cost-sharing reduction pay- or on the job. About 6 percent of in- The question is on agreeing to the ments. I have cut them off as of Octo- sured Americans, or 18 million Ameri- motion. ber 1. The court says they are illegal. I cans, go into the individual market to The clerk will call the roll. don’t want insurance companies to be buy it. They are the ones we are wor- The assistant bill clerk called the bailed out. I think I can get block ried about. They are the ones we are roll. grants to replace ObamaCare, but I seeking to help. There are 350,000 such Mr. DURBIN. I announce that the don’t want people to suffer in the people in Tennessee—songwriters, Senator from New Jersey (Mr. MENEN- meantime. farmers, small business women—they DEZ) is necessarily absent. So he said to me: I think I might are the ones who are terrified by the The PRESIDING OFFICER (Mr. want to get a bipartisan interim deal, a prospect of skyrocketing premiums and SASSE). Are there any other Senators short-term deal. I have called CHUCK even the possibility that they might in the Chamber desiring to vote? SCHUMER and told him that. not be able to buy insurance at all. The yeas and nays resulted—yeas 47, The President put that out in a tweet Our agreement tries to help in two nays 52, as follows: that day. ways. No. 1, it permanently amends the [Rollcall Vote No. 227 Leg.] So the President said to me: Why Affordable Care Act to give new flexi- YEAS—47 don’t you negotiate with Senator MUR- bility for States to create insurance Baldwin Gillibrand Nelson RAY and try to get one; meaning a policies that have a larger variety and Bennet Harris Peters short-term, bipartisan deal. lower costs. No. 2, it continues the Blumenthal Hassan Reed I said: Well, what about the CSR pay- cost-sharing reduction payments dur- Booker Heinrich Sanders Brown Heitkamp Schatz ments? ing 2018 and 2019. Cantwell Hirono Schumer He said: I can put them back, and Now, first, about cost-sharing. Cost- Cardin Kaine Shaheen you can use that as a negotiating tool sharing reduction payments are sub- Carper King Stabenow Casey Klobuchar to get a better deal with the Demo- sidies that pay for co-pays and Tester Coons Leahy deductibles for low-income Americans. Udall crats. Cortez Masto Manchin Van Hollen I responded that I was already work- That is what they are. Every Democrat Donnelly Markey wants them to continue, so do many Duckworth McCaskill Warner ing on an agreement with Senator Durbin Merkley Warren MURRAY. Republicans, including every Repub- Feinstein Murphy Whitehouse He said: Finish it, and let me know. lican in the majority in the House who Franken Murray Wyden He called me again last Saturday. We voted for their repeal-and-replace bill NAYS—52 talked about it again, and we talked this year because it continued the cost- Alexander Flake Perdue twice yesterday. sharing payments for two years. Barrasso Gardner Portman I reported to the President that we Let me say that again. Every Repub- Blunt Graham Risch finished our negotiations and that we lican in the House of Representatives Boozman Grassley Roberts are here today to present to the Senate who voted to repeal and replace Burr Hatch Rounds Capito Heller Rubio the agreement we recommend. ObamaCare this year voted for a provi- Cassidy Hoeven Sasse The bill has 22 sponsors, half Demo- sion that continued the cost-sharing Cochran Inhofe Scott Collins Isakson cratic and half Republican—very few payments for 2 years. Our bill does the Shelby Corker Johnson bills come to the floor with that many same thing. The only difference is, we Strange Cornyn Kennedy Sullivan cosponsors originally—and there are a eliminate any question about whether Cotton Lankford number of others on the Republican paying them is legal. Crapo Lee Thune Cruz McCain Tillis side and I understand from Senator Now, why would so many Repub- Daines McConnell Toomey MURRAY a number on the Democratic licans and so many Democrats support Enzi Moran Wicker side who support the idea. these payments for 2 years and why Ernst Murkowski Young I ask unanimous consent that a list would the President of the United Fischer Paul of the cosponsors I am about to read be States be interested in them? It is be- NOT VOTING—1 printed in the RECORD following my re- cause the Congressional Budget Office Menendez marks. has told us that if we don’t do it—if we The PRESIDING OFFICER. On this Mr. President, I ask unanimous con- let them expire—premiums in 2018 will vote, the yeas are 47, the nays are 52. sent that the text of the agreement go up an average of 20 percent. They

VerDate Sep 11 2014 02:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.021 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6605 are already set, in most cases. The Fed- we have lost them all. We have made people are still objecting to the idea of eral debt will increase by $194 billion thousands of speeches, and we have lost continuing these temporary cost-shar- because of the extra cost of subsidies to them all. In the last 7 years, we ing payments for 2 years and the other pay the higher premiums, and up to 16 haven’t moved an inch toward our ob- provisions that would have as the ob- million Americans may live in counties jectives of giving States more flexi- jective to keep premiums from going where they are not able to buy any in- bility in creating insurance policies in up in 2018 and for premiums to begin to surance in the individual market. the individual market. This agreement go down in 2019. So unless the cost-sharing payments, does. They are listening to groups around which the President says are illegal— It provides and authorizes States to Washington, DC. I would suggest they and I agree with him. The Federal offer an insurance policy called cata- listen to some other people. Listen to Court in Washington, DC, has told him strophic insurance for people of all the waitress, listen to the songwriter, they are illegal, not properly author- ages that would keep a medical catas- listen to the bricklayer, listen to the ized by Congress. Unless they are re- trophe from turning into a financial small businesswoman, and the people placed by something else temporarily, catastrophe. It encourages interstate of America—and there are 350,000 in there will be chaos in this country, and agreements among States in health in- Tennessee—who may be terrified by millions of Americans will be hurt. surance. It streamlines the innovation the prospect of increasing premiums or The President says there should be waiver—section 1332, we call it—for even by the prospect of not being able no bailout of insurance companies—no States that want to do what Alaska to buy insurance at all. These are peo- bailout of insurance companies. I agree did, which is to create a fund to pay for ple who don’t get insurance from the 100 percent and so does Senator MUR- the very sick and then reduce pre- government. They don’t get it on the RAY. She can speak for herself. I have miums for everybody else by 20 percent job. They might never know when they said to the President in our telephone and use no new Federal dollars. Most are going to lose their job and they will calls—as I mentioned, 4 of them in the important, it changes the law to make be in this individual market. last 10 days—that if there is a way to it easier for States like Iowa, Okla- We have a solution here. Senator improve the language in our bill, we homa, New Hampshire, Minnesota, MURRAY and I—24 total Senators—are would like to do that. We have a page Massachusetts, Tennessee, Alaska, and offering it today. We are certain it can and a half to make it clear that the many others to use their creativity to be improved. We look forward to work- benefits go to consumers, not insur- write policies that offer more choices ing with those who would improve it, ance companies. That can always be and lower costs. but I do not believe Congress would improved. Some have said: Well, that is not want to fail to deal with a problem Some conservatives object to the enough. Well, that is more than we that will hurt millions of Americans if idea of paying them at all, but I would have gotten for 8 years, and it is the we allow it to continue. ask this: What is conservative about first step. I predict this agreement that we 24 unaffordable premiums? What is con- I welcome anyone who wants to nego- Senators are suggesting today will be- servative about $194 billion of new Fed- tiate further with Senator MURRAY or come law in some fashion before the eral debt? What is conservative about Senator SCHUMER. That is what the end of the year. I think most Senators creating chaos so millions can’t buy in- legislative process is about. and most House Members will be look- surance or at least failing to deal with Now, because I forgot to do it when I ing around for a solution when they the chaos that has been created? What listed the sponsors, I would like to add consider the consequences of a failure is conservative about a four-lane high- Senator ISAKSON and Senator GRASS- to act. When they look for a solution, way that would be the chaos that leads LEY to the sponsor list, which would be I believe this solution supported by 24 to a single-payer solution for insurance two additional Republican sponsors, I Senators—half Democrats, half Repub- in this country? Do we really think would say to Senator MURRAY. That licans—will be the easiest solution to that if 50 counties in Tennessee or Iowa gives us a total of 12. I thank Senator adopt. I believe all the Democrats want or Kansas or any State are in a situa- GRASSLEY for his support. it. Almost all of the House Republicans tion where no one can buy insurance on The only thing I would say to those have already voted for it this year, and the individual market, that govern- who want to negotiate further to get the Senate Republican leaders who ment-sponsored insurance is not far be- more flexibility is to keep in mind that would prefer to repeal and replace hind? Of course it is. That is why Sen- with the cost-sharing payments, you ObamaCare would put it in their bill if ator GRAHAM and Senator CASSIDY have can’t get most of those changes with- they could get it in there, but they cosponsored our bill, because our bill out 60 votes in the Senate. can’t because the budget rules will not would have been part of the Senate Re- I thank Senator MURRAY for being an allow it. publican repeal-and-replace bills if able and effective negotiating partner. budget rules had allowed it. We have worked on many pieces of leg- I thank the Presiding Officer. Senator GRAHAM and Senator CAS- islation together. She is tough and re- There being no objection, the mate- SIDY know that if we repeal and replace spected in her caucus. She does what rial was ordered to be printed in the ObamaCare in 1 year or 2 years or 3 she says she will do, and she is inter- RECORD, as follows: years, it takes 2 or 3 years for it to ested in getting a result. I respect that LIST OF REPUBLICAN CONSPONSORS take effect. We still need the cost-shar- and I thank her. ALEXANDER, ROUNDS, GRAHAM, MCCAIN, ing payments for the interim, and you I thank President Trump for his en- CASSIDY, COLLINS, ERNST, MURKOWSKI, can’t pass those in the Senate with 51 couragement. He called me 10 days ago, GRASSLEY, ISAKSON, BURR, and CORKER. votes. It takes 60. Democrats are for it. he called me last Saturday, and he There being no objection, the mate- The Republican House majority has called me again yesterday. I thank him rial was ordered to be printed in the voted for it. The sponsor of the Senate for his encouragement—to encourage RECORD, as follows: repeal-and-replace bills are cosponsors someone to come up with a bipartisan Title: To stabilize individual market pre- of this agreement. It sounds like some- agreement to cover these 2 years so miums for the 2018 and 2019 plan years and thing that might actually become law people wouldn’t be harmed—and his provide meaningful State flexibility. before the end of the year. willingness to consider what we are of- Be it enacted by the Senate and House of Rep- Second, flexibility. The biggest dif- fering today. resentatives of the United States of America in ference between the Senate Repub- I thank Senator MCCONNELL and Sen- Congress assembled, licans and the Senate Democrats with ator SCHUMER because they have cre- SECTION 1. SHORT TITLE. regard to health insurance and the in- ated an environment in which Senator This Act may be cited as the ‘‘Bipartisan dividual market is whether Washington MURRAY and I could make this pro- Health Care Stabilization Act of 2017’’. should write more of the rules or posal. I hope they and our other col- SEC. 2. WAIVERS FOR STATE INNOVATION. States should write more of the rules. leagues will seriously consider it. (a) STREAMLINING THE STATE APPLICATION Our position has been that States The President was right to suggest PROCESS.—Section 1332 of the Patient Pro- should write more of the rules. We have that we need a short-term agreement tection and Affordable Care Act (42 U.S.C. had about 50 votes—maybe more—and so people will not be hurt. Now, some 18052) is amended—

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(1) in subsection (a)(1)(C), by striking ‘‘the ‘‘(2) BUDGETARY EFFECT.— Health Care Stabilization Act of 2017, the law’’ and inserting ‘‘a law or has in effect a ‘‘(A) IN GENERAL.—In determining whether Comptroller General of the United States certification’’; and a State plan submitted under subsection (a) shall conduct a review of all waivers ap- (2) in subsection (b)(2)— meets the deficit neutrality requirements of proved pursuant to an application under sub- (A) in the paragraph heading, by inserting paragraph (1)(D), the Secretary may take paragraph (A)(ii) to evaluate whether such ‘‘OR CERTIFY’’ after ‘‘LAW’’; into consideration the direct budgetary ef- waivers met the requirements of subsection (B) in subparagraph (A)— fect of the provisions of such plan on sources (b)(1) and whether the applications should (i) by striking ‘‘A law’’ and inserting the of Federal funding other than the funding de- have qualified for such expedited process.’’. following: scribed in subsection (a)(3). (e) PROVIDING CERTAINTY FOR STATE-BASED ‘‘(i) LAWS.—A law’’; and ‘‘(B) LIMITATION.—A determination made REFORMS.—Section 1332 (ii) by adding at the end the following: by the Secretary under subparagraph (A)— (e) of the Patient Protection and Afford- ‘‘(ii) CERTIFICATIONS.—A certification de- ‘‘(i) shall not be construed to affect any able Care Act (42 U.S.C. 18052(e)) is amended scribed in this paragraph is a document, waiver process or standards or terms and by striking ‘‘No waiver’’ and all that follows signed by the Governor of the State, that conditions in effect on the date of enactment through the period at the end and inserting certifies that such Governor has the author- of the Bipartisan Health Care Stabilization the following: ‘‘A waiver under this section— ity under existing Federal and State law to Act of 2017 under title XI, XVIII, XIX, or XXI ‘‘(1) shall be in effect for a period of 6 years take action under this section, including im- of the Social Security Act, or any other Fed- unless the State requests a shorter duration; plementation of the State plan under sub- eral law relating to the provision of health ‘‘(2) may be renewed, subject to the State section (a)(1)(B).’’; and care items or services; and meeting the criteria for approval otherwise (C) in subparagraph (B)— ‘‘(ii) shall be made without regard to any applicable under this section, for unlimited (i) in the subparagraph heading, by strik- changes in policy with respect to any waiver additional 6-year periods upon application by ing ‘‘OF OPT OUT’’; and process or provision of health care items or the State; and (ii) by striking ‘‘may repeal a law’’ and all services described in clause (i).’’; and ‘‘(3) may not be suspended or terminated, that follows through the period at the end (2) in subsection (a)(1)(C), by striking ‘‘sub- in whole or in part, by the Secretary at any and inserting the following: ‘‘may terminate section (b)(2)’’ and inserting ‘‘subsection time before the date of expiration of the the authority provided under the waiver (b)(3)’’. waiver period (including any renewal period with respect to the State by— (d) PROVIDING EXPEDITED APPROVAL OF under paragraph (2)), unless the Secretary ‘‘(i) repealing a law described in subpara- STATE WAIVERS.—Section 1332(d) of the Pa- determines that the State materially failed graph (A)(i); or tient Protection and Affordable Care Act (42 to comply with the terms and conditions of ‘‘(ii) terminating a certification described U.S.C. 18052(d)) is amended— the waiver.’’. in subparagraph (A)(ii), through a certifi- (1) in paragraph (1) by striking ‘‘180’’ and (f) GUIDANCE AND REGULATIONS.—Section cation for such termination signed by the inserting ‘‘90’’; and 1332 of the Patient Protection and Affordable Governor of the State.’’. (2) by adding at the end the following: Care Act (42 U.S.C. 18052) is amended— (b) GIVING STATES MORE FUNDING FLEXI- ‘‘(3) EXPEDITED DETERMINATION.— (1) by adding at the end the following: BILITY, TO ESTABLISH REINSURANCE, HIGH ‘‘(A) IN GENERAL.—With respect to any ap- ‘‘(f) GUIDANCE AND REGULATIONS.— RISK POOLS, INVISIBLE HIGH RISK POOLS, IN- plication under subsection (a)(1) submitted ‘‘(1) IN GENERAL.—With respect to carrying SURANCE STABILITY FUNDS AND OTHER PRO- on or after the date of enactment of the Bi- out this section, the Secretary shall— ‘‘(A) issue guidance, not later than 30 days GRAMS.—Section 1332(a)(3) of the Patient partisan Health Care Stabilization Act of Protection and Affordable Care Act (42 2017 or any such application submitted prior after the date of enactment of the Bipartisan U.S.C. 18052(a)(3)) is amended— to such date of enactment and under review Health Care Stabilization Act of 2017, that (1) in the first sentence— by the Secretary on such date of enactment, includes initial examples of model State (A) by inserting ‘‘or would qualify for a re- the Secretary shall make a determination on plans that meet the requirements for ap- duced portion of’’ after ‘‘would not qualify such application, using the criteria for ap- proval under this section; and ‘‘(B) periodically review the guidance for’’; proval otherwise applicable under this sec- issued under subparagraph (A) and when ap- (B) by inserting ‘‘, or the State would not tion, not later than 45 days after the receipt propriate, issue additional examples of qualify for or would qualify for a reduced of such application, and shall allow the pub- model State plans that meet the require- portion of basic health program funds under lic notice and comment at the State and ments for approval under this section, which section 1331,’’ after ‘‘subtitle E’’; Federal levels described under subsection (C) by inserting ‘‘, or basic health program (a)(4) to occur concurrently if such State ap- may include— ‘‘(i) State plans establishing reinsurance or funds the State would have received,’’ after plication— invisible high-risk pool arrangements for ‘‘this title’’; and ‘‘(i) is submitted in response to an urgent purposes of covering the cost of high-risk in- (D) by inserting ‘‘or for implementing the situation, with respect to areas in the State dividuals; that the Secretary determines are at risk for basic health program established under sec- ‘‘(ii) State plans expanding insurer partici- excessive premium increases or having no tion 1331’’ before the period; pation, access to affordable health plans, (2) in the second sentence, by inserting be- health plans offered in the applicable health network adequacy, and health plan options fore the period, ‘‘, and with respect to par- insurance market for the current or fol- over the entire applicable health insurance ticipation in the basic health program and lowing plan year; or market in the State; funds provided to such other States under ‘‘(ii) is for a waiver that is the same or sub- ‘‘(iii) waivers encouraging or requiring section 1331’’; and stantially similar to a waiver that the Sec- health plans in such State to deploy value- (3) by adding after the second sentence the retary already has approved for another based insurance designs which structure en- following: ‘‘A State may request that all of, State. rollee cost-sharing and other health plan de- or any portion of, such aggregate amount of ‘‘(B) APPROVAL.— sign elements to encourage enrollees to con- ‘‘(i) URGENT SITUATIONS.— such credits, reductions, or funds be paid to sume high-value clinical services; the State as described in the first sentence.’’. ‘‘(I) PROVISIONAL APPROVAL.—A waiver ap- ‘‘(iv) State plans allowing for significant (c) ENSURING PATIENT ACCESS TO MORE proved under the expedited determination variation in health plan benefit design; or FLEXIBLE HEALTH PLANS.—Section 1332 of process under subparagraph (A)(i) shall be in ‘‘(v) any other State plan as the Secretary the Patient Protection and Affordable Care effect for a period of 3 years, unless the State determines appropriate. Act (42 U.S.C. 18052) is amended— requests a shorter duration. ‘‘(2) RESCISSION OF PREVIOUS REGULATIONS (1) in subsection (b)— ‘‘(II) FULL APPROVAL.—Subject to the re- AND GUIDANCE.—Beginning on the date of en- (A) in paragraph (1)— quirements for approval otherwise applicable actment of the Bipartisan Health Care Sta- (i) in subparagraph (B), by striking ‘‘at under this section, not later than 1 year be- bilization Act of 2017, the regulations pro- least as affordable’’ and inserting ‘‘of com- fore the expiration of a provisional waiver mulgated, and the guidance issued, under parable affordability, including for low-in- period described in subclause (I) with respect this section prior to the date of enactment of come individuals, individuals with serious to an application described in subparagraph the Bipartisan Health Care Stabilization Act health needs, and other vulnerable popu- (A)(i), the Secretary shall make a determina- of 2017 shall have no force or effect.’’; and lations,’’; and tion on whether to extend the approval of (2) in subsection (a)(4)— (ii) by amending subparagraph (D) to read such waiver for the full term of the waiver (A) in subparagraph (A), by inserting ‘‘, as as follows: requested by the State, for a total approval applicable’’ before the semicolon; and ‘‘(D)(i) will not increase the Federal deficit period not to exceed 6 years. The Secretary (B) in subparagraph (B), by striking ‘‘Not over the term of the waiver; and may request additional information as the later than 180 days after the date of enact- ‘‘(ii) will not increase the Federal deficit Secretary determines appropriate to make ment of this Act, the Secretary shall’’ and over the term of the 10-year budget plan sub- such determination. inserting ‘‘The Secretary may’’. mitted under subsection (a)(1)(B)(ii).’’; ‘‘(ii) APPROVAL OF SAME OR SIMILAR APPLI- (g) APPLICABILITY.—The amendments made (B) by redesignating paragraph (2) (as CATIONS.—An approval of a waiver under sub- by this Act to section 1332 of the Patient amended by subsection (a)) as paragraph (3); paragraph (A)(ii) shall be subject to the Protection and Affordable Care Act (42 and terms of subsection (e). U.S.C. 18052)— (C) by inserting after paragraph (1) the fol- ‘‘(C) GAO STUDY.—Not later than 5 years (1) with respect to applications for waivers lowing: after the date of enactment of the Bipartisan under such section 1332 submitted after the

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CONSUMER OUTREACH, EDUCATION, AND tions for such waivers submitted prior to appropriate portion of rebates to be provided ASSISTANCE. such date of enactment and under review by to the Federal Government; and] (a) OPEN ENROLLMENT REPORTS.—For plan the Secretary on the date of enactment, [(V) other means of providing a direct fi- years 2018 and 2019, the Secretary of Health shall take effect on the date of enactment of nancial benefit to consumers and the Federal and Human Services (referred to in this sec- this Act; and Government approved by the State insurance tion as the ‘‘Secretary’’), in coordination (2) with respect to applications for waivers regulator, provided such means of providing with the Secretary of the Treasury and the approved under such section 1332 before the a financial benefit does not result in in- Secretary of Labor, shall issue biweekly pub- date of enactment of this Act, shall not re- creased costs for applicable taxpayers de- lic reports during the annual open enroll- quire reconsideration of whether such appli- scribed in section 36B of the Internal Rev- ment period on the performance of the Fed- cations meet the requirements of such sec- enue Code of 1986 or the Federal Govern- eral Exchange and the Small Business tion 1332, except that, at the request of a ment.] Health Options Program (SHOP) Market- State, the Secretary shall recalculate the [(iii) CONSIDERATIONS.—Any rebate amount place. Each such report shall include a sum- amount of funding provided under subsection described in clause (ii)—] mary, including information on a State-by- (a)(3) of such section. [(I) shall be treated as part of the pre- State basis where available, of— (h) CLARIFYING BUDGET NEUTRALITY.—Sec- mium, but the premium under section (1) the number of unique website visits; tion 1332(a)(1)(B)(ii) of the Patient Protec- 36B(b)(2) of the Internal Revenue Code of 1986 (2) the number of individuals who create an tion and Affordable Care Act (42 U.S.C. or section 36B(f)(3)(B) of such Code shall not account; 18052(a)(1)(B)(ii)) is amended by inserting be affected by the rebate amount;] (3) the number of calls to the call center; ‘‘over both the term of the proposed waiver [(II) shall be treated as if it were an ex- (4) the average wait time for callers con- and the term of the 10-year budget plan’’ penditure described in paragraph (1) or (2) of tacting the call center; after ‘‘Government’’. section 2718(a) of the Public Health Service (5) the number of individuals who enroll in Act (42 U.S.C. 300gg–18);] a qualified health plan; and SEC. 3. COST-SHARING PAYMENTS. [(III) shall be accounted for by the Sec- (6) the percentage of individuals who enroll (a) IN GENERAL.—There is appropriated to retary in calculating risk adjustment and in a qualified health plan through each of— the Secretary of Health and Human Services reconciling any other relevant downstream (A) the website; (referred to in this section as the ‘‘Sec- financial calculations; and] (B) the call center; retary’’), out of any funds in the Treasury ø(IV) shall be provided so as not to create (C) navigators; not otherwise obligated, such sums as may an inducement to purchase health insurance (D) agents and brokers; be necessary for payments for cost-sharing coverage from an applicable issuer. (E) the enrollment assistant program; reductions authorized by section 1402 of the ø(iv) NOTICE REQUIREMENTS.—States that (F) directly from issuers or web brokers; Patient Protection and Affordable Care Act adopt a State plan under this subparagraph and (42 U.S.C. 18071) for the portion of plan year shall prominently post a notice that enroll- (G) other means. 2017 that begins [on the date of enactment of ees may qualify for rebates or other means (b) OPEN ENROLLMENT AFTER ACTION RE- this Act] and ends on December 31, 2017, and and explain how such rebates will be pro- PORT.—For plan years 2018 and 2019, the Sec- for plan years 2018 and 2019. vided. retary, in coordination with the Secretary of [(b) Ensuring Consumer Benefit in 2018.—] ø(2) REPORT.—Not later than 90 days after the Treasury and the Secretary of Labor, [(1) COST-SHARING PAYMENTS.— the date of enactment of this Act, the Sec- shall publish an after action report not later [(A) IN GENERAL.—[(i) AVAILABILITY OF retary of Health and Human Services shall than 3 months after the completion of the FUNDS.—For plan year 2018, except with re- issue a report describing the activities taken annual open enrollment period regarding the spect to issuers of qualified health plans in a by issuers of qualified health plans in States performance of the Federal Exchange and State described in clause (ii)(I), amounts ap- that submitted certifications and State the Small Business Health Options Program propriated under subsection (a) shall be plans under paragraph (1)(B) to provide a di- (SHOP) Marketplace for the applicable plan made available for payments for cost-sharing rect financial benefit to individuals enrolled year. Each such report shall include a sum- reductions under such section 1402 to issuers in a qualified health plan and the Federal mary, including information on a State-by- of qualified health plans.] Government, as applicable, for the 2018 plan State basis where available, of— [(ii) STATE FLEXIBILITY.— year.¿ (1) the open enrollment data reported [(I) STATE DESCRIBED.—A State described SEC. 4. ALLOWING ALL INDIVIDUALS PUR- under subsection (a) for the entirety of the in this clause is a State in which the State CHASING HEALTH INSURANCE IN enrollment period; and insurance regulator, before the date of enact- THE INDIVIDUAL MARKET THE OP- (2) activities related to patient navigators ment of this Act, directed issuers of qualified TION TO PURCHASE A LOWER PRE- described in section 1311(i) of the Patient MIUM COPPER PLAN. health plans to decline cost-sharing reduc- Protection and Affordable Care Act (42 (a) IN GENERAL.—Section 1302(e) of the Pa- tion payments under section 1402 of the Pa- U.S.C. 18031(i)), including— tient Protection and Affordable Care Act (42 tient Protection and Affordable Care Act (42 (A) the performance objectives established U.S.C. 18022(e)) is amended— U.S.C. 18071) for the 2018 plan year, through by the Secretary for such patient navigators; a formal notice or correspondence.] (1) in paragraph (1)— (A) by redesignating clauses (i) and (ii) of (B) the number of consumers enrolled by [(II) STATE OPTION TO REVERSE DIRECTIVE.— subparagraph (B) as subparagraphs (A) and such a patient navigator; Nothing in this clause shall prevent a State (B), respectively, and adjusting the margins (C) an assessment of how such patient insurance regulator from reversing a direc- accordingly; navigators have met established perform- tive described in subclause (I).] (B) by striking ‘‘plan year if—’’ and all ance metrics, including a detailed list of all [(B) STATE PLAN.— that follows through ‘‘the plan provides—’’ patient navigators, funding received by pa- [(i) IN GENERAL.—Not later than 60 days and inserting ‘‘plan year if the plan pro- tient navigators, and whether established after the date of enactment of this Act, each vides—’’; and performance objectives of patient navigators State insurance regulator not described in (C) in subparagraph (A), as redesignated by were met; and subparagraph (A)(ii)(I) shall submit to the paragraph (1), by striking ‘‘clause (ii)’’ and (D) with respect to the performance objec- Secretary of Health and Human Services a inserting ‘‘subparagraph (B)’’; tives described in subparagraph (A)— certification that, with respect to plan year (2) by striking paragraph (2); and (i) whether such objectives assess the full 2018, the State will ensure that each applica- (3) by redesignating paragraph (3) as para- scope of patient navigator responsibilities, ble issuer of a qualified health plan in the graph (2). including general education, plan selection, State provides a direct financial benefit to (b) RISK POOLS.—Section 1312(c)(1) of the and determination of eligibility for tax cred- consumers and the Federal Government, as Patient Protection and Affordable Care Act its, cost-sharing reductions, or other cov- applicable, and a State plan for so ensuring (42 U.S.C. 18032(c)) is amended by inserting erage; such benefit. The Secretaries of the Treasury ‘‘and including enrollees in catastrophic (ii) how the Secretary worked with patient and of Health and Human Services shall as- plans described in section 1302(e)’’ after ‘‘Ex- navigators to establish such objectives; and sist the States in developing and imple- change’’. (iii) how the Secretary adjusted such ob- menting plans as needed, including by pro- (c) CONFORMING AMENDMENT.—Section jectives for case complexity and other con- viding technical assistance.] 1312(d)(3)(C) of the Patient Protection and textual factors. [(ii) CONTENT.—A State plan under clause Affordable Care Act (42 U.S.C. 18032(d)(3)(C)) (c) REPORT ON ADVERTISING AND CONSUMER (i) shall include, as applicable—] is amended by striking ‘‘, except that in the OUTREACH.—Not later than 3 months after [(I) providing monthly rebates to affected case of a catastrophic plan described in sec- the completion of the annual open enroll- consumers and the Federal Government;] tion 1302(e), a qualified individual may enroll ment period for the 2018 plan year, the Sec- [(II) one-time rebates for consumers to af- in the plan only if the individual is eligible retary shall issue a report on advertising and fected consumers and the Federal Govern- to enroll in the plan under section outreach to consumers for the open enroll- ment;] 1302(e)(2)’’. ment period for the 2018 plan year. Such re- [(III) after-the-year rebates for affected (d) EFFECTIVE DATE.—The amendments port shall include a description of— consumers and the Federal Government;] made by subsections (a), (b), and (c) shall (1) the division of spending on individual [(IV) rebates paid through the process apply with respect to plan years beginning advertising platforms, including television under section 2718 of the Public Health Serv- on or after January 1, 2019. and radio advertisements and digital media,

VerDate Sep 11 2014 03:39 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.023 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6608 CONGRESSIONAL RECORD — SENATE October 19, 2017 to raise consumer awareness of open enroll- process, as well as his dedication to original cosponsors we are revealing ment; seeing it through and getting a result, today. Senator ALEXANDER listed the 12 (2) the division of spending on individual as he said. Republicans. The 12 Democrats are outreach platforms, including email and text I have to say that, after 7 years of in- Senators MURRAY, KING, SHAHEEN, messages, to raise consumer awareness of open enrollment; and tense partisanship on these issues, DONNELLY, KLOBUCHAR, HEITKAMP, (3) whether the Secretary conducted tar- which would lead everyone to believe FRANKEN, MANCHIN, CARPER, BALDWIN, geted outreach to specific demographic that there was no hope for Republicans MCCASKILL and HASSAN. groups and geographic areas. and Democrats to come together and We are doing this today not only be- (d) OUTREACH AND ENROLLMENT ACTIVI- work to strengthen our healthcare, I cause it will help protect our families TIES.— am really pleased with this common from premium spikes that are set to (1) OPEN ENROLLMENT.—Of the amounts col- ground we have been able to find, pro- kick off in the next year but because it lected through the user fees on participating sends a powerful message that, when health insurance issuers pursuant to section viding multiple years of certainty 156.50 of title 45, Code of Federal Regulations when it comes to payments to reduce Members of Congress decide to get past (or any successor regulations), the Secretary out-of-pocket costs that affect the peo- our talking points and take a few steps shall obligate $105,800,000 for outreach and ple Senator ALEXANDER just talked out of our partisan corners, there is a enrollment activities for each of the open en- about—the waitress, the songwriter, lot we can agree on and a lot we can rollment periods for plan years 2018 and 2019. and people who care and need this—re- get done. (2) OUTREACH AND ENROLLMENT ACTIVI- storing critical investments, making Chairman ALEXANDER and I are going TIES.— sure people know about enrollment and to continue to make the case for this (A) IN GENERAL.—For purposes of this sub- agreement. We are already getting a section, the term ‘‘outreach and enrollment can get coverage, and offering States activities’’ means— more flexibility to innovate, as the Af- promising response from many Mem- (i) activities to educate consumers about fordable Care Act intended, while bers on both sides of the aisle. I am coverage options or to encourage consumers maintaining those essential health very appreciative of Senator SCHUMER to enroll in or maintain health insurance benefits, like maternity care, pro- for his strong support and I am opti- coverage (excluding allocations to the call tecting people with preexisting condi- mistic that, with Chairman ALEXANDER center for the Federal Exchange); and tions, and the elderly. It does all this working on this, we will continue to (ii) activities conducted by an in-person build momentum and, as he said, we consumer assistance program that does not while making sure that costs do go down for our families and preventing will get this done. have a conflict of interest and that, among At the end of the day, this isn’t about other activities, facilitates enrollment of in- insurers from double-dipping and get- dividuals through the Federal Exchange, and ting the benefit of both cost reduction Republicans or Democrats. It is about distributes fair and impartial information and higher premiums. If there are ways doing the right thing for the people we concerning enrollment through such Ex- to do this even more, to make sure pa- serve. That means having an answer to change and the availability of tax credits tients come first and insurers can’t pad the premium spikes that are going to and cost-sharing reductions. their profits, I, as I know Senator set in and burden our families next (B) CONNECTION WITH FEDERAL EXCHANGE.— year. We have been able to find one. It ALEXANDER is, as well, am open to Activities conducted under this subsection is bipartisan. We both gave on this. I that. shall be in connection with the operation of really hope all of our colleagues will the Federal Exchange, to provide special Chairman ALEXANDER just took some benefits to health insurance issuers partici- time to lay out the policies we are put- work with us to get this signed into pating in the Federal Exchange. ting forward in this legislation. So I law and show the American public that (3) CONTRACT AUTHORITY.—The Secretary will not go into those details. But I do we can get the job done for them and may contract with a State to conduct out- want to take a few minutes to focus on we understand the priorities of this reach and enrollment activities for plan what this legislation would mean for country. years 2018 and 2019. Any outreach and enroll- I yield the floor. ment activities conducted by a State or the people we are all here to serve be- The PRESIDING OFFICER. The Sen- other entity at the direction of the State, in cause what is really at stake is that ator from Tennessee. accordance with such a contract, shall be patients and families across the coun- Mr. ALEXANDER. Mr. President, if I treated as Federal activities to provide spe- try are now looking ahead to next could ask a question, through the cial benefits to participating health insur- year, and they are realizing they are Chair, to the Senator from Wash- ance issuers consistent with OMB Circular about to pay the price for the uncer- ington. No. A–25R. tainty and partisanship we have seen, (4) CLARIFICATIONS.— In my conversations with President (A) PRIOR FUNDING.—Nothing in this sub- especially from this administration, on Trump, he has made it clear—and sev- section should be construed as rescinding or healthcare over the last 9 months. eral of my colleagues have made it cancelling any funds already obligated on To many of those families, that out- clear on the Republican side—that they the date of enactment of this Act for out- of-pocket cost-reduction payment we don’t want to bail out insurance com- reach and enrollment activities for plan year are debating in Congress has nothing panies. What I responded is that I 100- 2018. to do with politics and has everything percent agree. (B) AVAILABILITY OF FUNDING.—The Sec- to do with whether they will be able to I have already said this to the Presi- retary shall ensure that outreach and enroll- make ends meet at the end of the ment activities are conducted in all applica- dent, but I think it is important for our ble States, including, as necessary, by pro- month. Now the law is very clear that colleagues to know that probably the viding for such activities through contracts these payments are required, but with most heated debate Senator MURRAY described in paragraph (3). the President’s decision to stop them, and I had was not over whether we SEC. 6. OFFERING HEALTH PLANS IN MORE THAN families are looking to this Congress agreed with that but on how to actu- ONE STATE. and the administration and asking ally do it in the most effective, strong- Not later than 1 year after the date of en- what we plan to do. est, toughest way possible. actment of this Act, the Secretary of Health So I am very glad that Democrats So I wish to emphasize the point that and Human Services, in consultation with and Republicans agreed that we need to these payments are designed to help the National Association of Insurance Com- act. We could do much better working missioners, shall issue regulations for the low-income Americans pay their implementation of health care choice com- together under regular order rather copays and deductibles. We have in our pacts established under section 1333 of the than doubling down on partisanship agreement about a page and a half of Patient Protection and Affordable Care Act and dysfunction. As a result of the hard language that requires every State to (42 U.S.C. 18053) to allow for the offering of work of Chairman ALEXANDER and make sure the benefits of those pay- health plans in more than one State. members of our HELP Committee and ments go to the consumers in 2018 and Mr. ALEXANDER. I yield the floor to with input from half of the Senate, we not to the insurance companies. Senator MURRAY. were able to put forward an answer—a I wish to ask Senator MURRAY if she The PRESIDING OFFICER. The Sen- bipartisan solution that prevents fami- sees any disagreement at all between ator from Washington. lies from paying the price of sabotage her and me, and most of our colleagues Mrs. MURRAY. Mr. President, first I and uncertainty and one that Members on that side of the aisle and over here, thank Chairman ALEXANDER for his on both sides of the aisle can be proud about whether we want to bail out in- leadership in launching a bipartisan to support, starting with the list of surance companies or whether we

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There are things you have every confidence that our com- The amendment we have in front of disagree on, and you have to work your mittee will be able to meet the instruc- us, 1301, simply strikes the section in way to an answer. The one issue we did tion. There are good reasons why we the resolution that would provide for not disagree on but we worked the should be able to meet it, and, really, the Energy Committee instruction. hardest on and had the most discussion very good reasons why we should op- The purpose perhaps takes it a little on was how we make sure we have the pose an amendment that would pre- bit further in mentioning and bringing language in place on this—that con- emptively strike it. out the Arctic National Wildlife Ref- sumers benefit and it is not a bailout I think it is fair to say that we have uge, ANWR. There has been a lot of dis- for insurers. We absolutely share that opportunities within the energy sector cussion on the floor about ANWR al- point, and I know we both heard from to help advance this country when it ready. Members on both sides of the aisle that comes to our energy security, our na- Senator SULLIVAN, when he spoke they share that point. tional security, and our economic secu- earlier, spoke to the broader opportuni- We have strong language in here, but rity. But we need to be able to move ties we have seen in the Arctic with we are still open together to make it forward with that. Arctic development in general. I want stronger under anybody’s suggestion So what we are able to do within this to raise a few facts about ANWR more because our intent is to make sure our instruction, which is pretty wide open, specifically, since it clearly has been constituents get the result of this. We is to focus on those areas where we put out there for discussion. are together on that and working on might be able to see increased energy As an Alaskan, and one who has been that. I, absolutely, disregard anyone production that could bring us new part of these debates for many years who says this is a bailout for insurers wealth—that could create new wealth now, not only on the Senate floor but because they haven’t read the bill, if in this country. in Alaska, we know what we are talk- they have seen it. I am going to be the first to agree ing about when we discuss the issue of I thank Senator ALEXANDER for his that some of our options within this Arctic development. We know and un- attention, discussions, and hard work open instruction are better than oth- derstand what ANWR is, where the wil- to reach this point. ers. Some will create jobs. Some may derness area is, and what the 1002 area The PRESIDING OFFICER. The Sen- end jobs. Some will reduce energy costs is. ator from Alaska. as opposed to raising them. Some will I think it is important to put it into Ms. MURKOWSKI. Mr. President, be- increase our energy and mineral secu- context. ANWR is an area of 19.3 mil- fore I speak on an amendment that is rity as opposed to sacrifice or selling it lion acres. It is about the size of the expected to be voted on later this after- off. State of South Carolina. Included in noon, I wish to take just a brief mo- What I hope Members will do is look this ANWR area are 8 million acres of ment and thank my colleagues, the at this instruction as an opportunity to Federal wilderness. You have wilder- Chairman of the HELP Committee and do something constructive for the ness area, you have refuge area, but his ranking member, Senator MURRAY. country. The best example of that is to you have nonwilderness area des- The work they have done to knit to- expand energy development in our Fed- ignated as the 1002 area. That is this gether this compromise—and we all eral areas where we have seen decline area on the coastal plain. This is an recognize it is a compromise—is such in recent years. area of 1.5 million acres. Delaware is an important one, and it comes at such I think we recognize that responsible about 1.3 million acres. The 1002 area is an important time. development not only will reduce our what was specifically set aside under It is not only good from a policy per- immediate deficits, but it is about jobs ANILCA that would allow for consider- spective to ensure that we don’t pull and job creation. It is about wealth and ation for its oil and gas potential. out the underpinnings on the indi- wealth creation, about allowing us to When ANWR was established, it was vidual market here, but it is good, build new wealth and create prosperity. recognized that there were areas that from the perspective of the health of It will help energy affordability for our were appropriate for wilderness, and our institution, to be able to dem- families and businesses. That is some- there were areas that were appropriate onstrate that, at a time when things thing I hear about all the time. It will to be reviewed and considered for their are a little tense, let’s just say, on strengthen our national security and exploration and production potential. issues that are highly emotional, high- our competitiveness. That is what we are talking about ly personal, and highly, highly com- This is a point that needs to be em- within the 1002 area. Even within this plex, we can come together and we can phasized over and over again. It is not area that was specifically set aside, we demonstrate the ability to govern. It only energy security, but it is national are not asking to develop all of the doesn’t come without great patience security. When we are dependent on 1002. We are asking to develop just 2,000 and persistence, and these two individ- other nations for our energy resources, Federal acres within it, effectively one uals, these two leaders, have really there is an energy insecurity and vul- ten-thousandths of the refuge area. helped guide us here in the Senate to nerability. We also realize energy pro- You can’t see it, but that little red find a better path, not only when it duction will ensure the type of growth dot is basically what we are talking comes to how we deal with access to we need to finally begin reducing the about. We can say this. We can say we healthcare, reducing costs, reducing Federal debt, which is now over $20 don’t need to do more than 2,000 acres, premiums, and providing for better lev- trillion. in this 19.3 million-acre area that has els of care but also a better path for In short, what we will be able to do been set aside specifically for oil and the Senate. with this energy instruction is allow us gas production, because of what has So I want to acknowledge and show to create new wealth. Why wouldn’t happened over the decades with regard my genuine appreciation for their lead- that be something we would all em- to our technologies, how we have ership. brace? I think the instruction will worked to reduce the footprint since Mr. President, as chairman of the En- allow us to see some enduring benefits Prudhoe Bay opened over 40 years ago. ergy Committee, I come to the floor that will be felt all across our country. Well pads on the North Slope have today to urge every Member here to I think it is important to recognize and shrunk by over 80 percent in these in- vote against amendment No. 1301, to state that this does not come at the tervening years. We are talking now which will be voted on later on this expense of our environment. This is not about pad areas that are 12 acres in afternoon. an either/or proposition. Anyone famil- size—10, 11, 12 acres in size. The fiscal year 2018 budget resolution iar with modern development can rec- We have reduced the footprint dra- instructs the Energy Committee to ognize that as the scare tactic it is. matically, but what we have expanded

VerDate Sep 11 2014 02:17 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.026 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6610 CONGRESSIONAL RECORD — SENATE October 19, 2017 dramatically is the subsurface reach. gas development. This section of ANWR be- Arctic. Therefore, we have the greatest stake The new technologies have allowed us came known as the 1002 area, after a section in seeing that any and all development keeps to increase the ability to reach out of the Alaska National Interest Lands Con- our land and subsistence resources safe. We servation Act. know it can be done, because it’s being done. under the surface to an area 125 square Since then, Alaskans and the oil and gas Now is the time to open ANWR to drilling. miles—125 miles. We have increased it industry have fought unsuccessfully to open by 4,000 percent, in the years we have Ms. MURKOWSKI. In part, Matthew the 1002 area to drilling, which literally re- states: been producing, exploring, and inno- quires an act of Congress. At the same time, vating up north, due to the tech- Lower 48 lawmakers, special interest groups As ANWR debates occur, the views of the Inupiat who call the area home are often- nologies we use for exploration. Sen- across the country, folks and organizations around the world have waged war on the times left out. The wishes of the people who ator SULLIVAN showed the ice roads we live in and around the refuge’s coastal plain use that reduce the impact on the sur- idea, citing the disruption of wildlife and the pristine Arctic environment. frequently are drowned out by people who face and avoid the need for permanent As ANWR debates occur, the views of the live hundreds—even thousands—of miles roads. In˜ upiat who call the area home are often- away, many of whom have never bothered to We use forward looking infrared cam- times left out. The wishes of the people who set foot anywhere near the Arctic. Well, eras to survey for polar bear dens so we live in and around the refuge’s coastal plain today is a new day. can avoid them. There was actually a frequently are drowned out by people who He goes on to speak to the Voice of story just this spring about a polar live hundreds—even thousands—of miles the Arctic Inupiat, which has members bear that was denning. We found where away, many of whom have never bothered to from across the Arctic Slope who have she was by using the technologies that set foot anywhere near the Arctic. Well, voted unanimously to pass a resolution today is a new day. we know and literally working around Voice of the Arctic In˜ upiat, an organiza- supporting oil and gas development in where that polar bear was until she tion with 21 members from across the Arctic the 1002 area. He goes on further to emerged from her den with her cub in Slope region, including members from state: the spring. It is working with the tech- Kaktovik located inside ANWR, have voted When oil was first discovered on our land nologies we have to allow for the activ- unanimously to pass a resolution supporting in 1969, the Inupiat were worried of industry ity but with minimal disturbance to oil and gas development in the 1002 area. activities and fought hard for self-deter- not only the land but to the wildlife This is an unprecedented show of unity by mination to protect our subsistence re- community leaders of the North Slope— there. sources. So we fully understand the trepi- those who live in and around the coastal dation from outsiders: the fear that the pres- Caribou. We all know about the car- plain of the refuge—and should send a clear ence of industry on the coastal plain of ibou in the North Slope area. What we message to America that we support develop- ANWR could disrupt wildlife and affect have learned is that over the years, the ment of a portion of the coastal plain. America’s manufactured perspective of our caribou that occupy these areas have My fellow In˜ upiat and I firmly believe in a land and culture. not suffered. In fact, they have thrived. social license to operate, and perhaps no However, we also have the benefit of dec- When oil development first began, we other potential project in the history of ades of experience working with the oil and were looking at herds in the numbers America has called for such a blessing from gas industry to implement stringent regula- local indigenous peoples more than this one. tions to protect our lands, and the industry of about 5,000. Just this last year, the When oil was first discovered on our land consistently has lived up to our standards. caribou herd is numbering about 22,000, in 1969, the In˜ upiat were worried of industry Prudhoe Bay, the largest oil field on the con- and it has maintained steady and sub- activities and fought hard for self-deter- tinent, located 60 miles west of the coastal stantial levels. mination to protect our subsistence re- plain of ANWR, has demonstrated for four When you understand what the 1002 sources. So we fully understand the trepi- decades that resource development and eco- area really is and what development dation from outsiders: the fear that the pres- logical preservation can co-exist in the Arc- would actually look like, it is not hard ence of industry on the coastal plain of tic. ANWR could disrupt wildlife and affect to understand why you have Alaskans’ The oil and gas industry supports our com- America’s manufactured perspective of our munities by providing jobs, business oppor- support. Over 70 percent of Alaskans land and culture. tunities and infrastructure investments, has support responsible development there. However, we also have the benefit of dec- built our schools and hospitals, and has pro- I want to give you one of the best ex- ades of experience working with the oil and vided other basic services most Americans amples. Matthew Rexford is the presi- gas industry to implement stringent regula- may take for granted. Our region recognizes dent of Kaktovik Inupiat Corporation, tions to protect our lands, and the industry its importance to our local and state econ- KIC, which is a member of the Voice of consistently has lived up to our standards. omy, and we believe that development can be the Arctic Inupiat. This is a group of Prudhoe Bay, the largest oil field on the con- done responsibly in a portion of the 1002 tinent, located 60 miles west of the coastal community leaders from our North area. We are not alone. plain of ANWR, has demonstrated for four I am with Matthew and a strong ma- Slope. He wrote a great opinion piece decades that resource development and eco- not too long ago, explaining why he logical preservation can coexist in the Arc- jority of Alaskans are. These are the supports responsible development in tic. voices we need to be listening to. My the 1002 area. The oil and gas industry supports our com- answer on this discussion is yes. Open- I ask unanimous consent to have munities by providing jobs, business oppor- ing the nonwilderness 1002 area to de- printed in the RECORD Matthew tunities and infrastructure investments, has velopment is an option to meet the in- Rexford’s op-ed. built our schools and hospitals, and has pro- structions to the Energy Committee, vided other basic services most Americans There being no objection, the mate- but it is not the only option. I will tell may take for granted. Our region recognizes you, it is the best option, and it is on rial was ordered to be printed in the its importance to our local and state econ- RECORD, as follows: omy, and we believe that development can be the table. [From the Fairbanks Daily News-Miner, Oct. done responsibly in a portion of the 1002 We should be clear, amendment No. 2, 2017] area. We are not alone. 1301 is not a vote to open the 1002 area During the past 35 years, the Alaska Legis- ALASKANS SAY YES TO DRILLING IN ANWR or to keep it closed. It is about whether lature has consistently passed resolution this instruction should stay in the (By Matthew Rexford) after resolution supporting the opening of budget resolution, and it is about The Arctic National Wildlife Refuge is the ANWR to drilling. During that same time, largest wildlife refuge in America. Spanning whether we are going to recognize the each Alaska member of Congress and every substantial benefits that await us or more than 19 million acres, it’s an area larg- Alaska governor has supported responsible er than 10 U.S. states. This vast expanse is development of the 1002 area. whether we are going to ignore our fu- home to caribou, fox, bears and other spe- More recently, in January, U.S. Sen. Lisa ture energy needs and once again wind cies. Much of that land is also home to the Murkowski introduced Senate Bill 49—the up in a situation where we see prices Native In˜ upiat, and our people have used the Alaska Oil and Gas Production Act—to allow rising, families hurting, and everyone resources it has blessed us with for more development of 2,000 surface acres in the ref- is wondering: Why didn’t you act when than 10,000 years. One of those natural re- uge’s coastal plain. This legislation served as you had a chance? sources lies beneath this great land—oil and the catalyst for the In˜ upiat people coming I think we all recognize that we are gas, and lots of it. together to make an informed, united deci- The debate over opening ANWR to drilling sion on whether or not to support drilling in enjoying some benefits of lower energy gained headway nationally in 1980, when ANWR. prices, and some have suggested here: President Jimmy Carter set aside less than 8 As In˜ upiat, we stand to be unarguably the Hey, we are all fine. We don’t need to percent of the refuge for potential oil and most affected by oil and gas activity in the do anything. A few have even said that

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I am enough not to be in that place again. which I am troubled to see a number of going to be advocating that we provide The EIA, the Energy Information Ad- my longtime friends choose to ignore further support for folks from the Cor- ministration, projects that in 2040, the this time around—a rule long known in poration for National and Community world will be using more oil, not less. the Senate as the pay-as-you-go rule, Service, AmeriCorps volunteers, and They project that our country will still or pay-go. It is an important rule that NCCC volunteers. Thousands of them be importing about 7 million barrels a forces Congress to be responsible stew- have served in response to these emer- day on a net basis. They project prices ards of taxpayer dollars. It forces Con- gencies. We are going to need invest- will be back above $100 a barrel. There gress to find ways to actually pay for ments in CDBGs for parks and for in- are other experts who are already new programs or find offsets for reduc- frastructure. pointing to other signs. The Inter- tions in revenue rather than to add to Before I hand it over to my colleague national Energy Agency recently found our national debt. It is the right pol- from Virginia, I want to reference a that ‘‘global oil supply could struggle icy, and it has been in place for years. second amendment that would prevent to keep pace with demand after 2020, So it is, frankly, jarring that this us from moving forward with tax re- risking a sharp increase in prices, un- budget document would include a pro- form until we first provide for the less new projects are approved soon.’’ vision that explicitly exempts a $1.5 needs of Americans who have been af- My point here is we have an oppor- trillion tax reform bill from the pay-go fected by these disasters and emer- tunity. We have an opportunity not rule. gencies. I wish we would take that up. only to help America create jobs, to Look, I agree that we need to work Let me close by thanking my col- allow for opportunities not only in my together toward a bipartisan tax re- league from Virginia for his long lead- home State but around the country, we form bill, one that reduces taxes on the ership on the issue of responsible fiscal have an opportunity to ensure a level middle class and simplifies our overly management for our country. of energy security while at the same complicated Tax Code, but we cannot I yield the floor. time broadening this to enhance our simply pass a budget that allows Con- The PRESIDING OFFICER. The Sen- national security. gress to put $1.5 trillion more on the ator from Virginia. So what I am asking my colleagues government’s credit card, on our credit Mr. WARNER. Mr. President, let me today is to not preempt this very im- card. thank my friend, the Senator from portant conversation. Give us a chance I thank Senator WARNER for his long Delaware, for his kind comments. More to consider this instruction within our leadership on the need for fiscally re- importantly, I thank him for his good committee. We will have an oppor- sponsible governing. Senator WARNER work that he brings to the issue of fis- tunity for hearings, and we will be able is a former Governor and a successful cal responsibility. Before he served to put these options out on the table business leader, and he understands the here in the Senate, he served as the and understand more fully how we can importance of sound fiscal manage- head of one of the largest counties in do more when it comes to energy pro- ment and the danger that our national Delaware. Whether you serve as a duction in this country. Let the En- debt poses to our long-term economic county chairman or as a Governor, you ergy and Natural Resources Committee prosperity. I am proud to work with are used to the notion that you have to do its part in helping. Let’s not pull him and to remind our colleagues of pay your bills. I very much appreciate the plug even before we get going. the Senate’s longstanding support of his support for this amendment, that of Given everything that we have heard pay-go. I encourage all Members, espe- keeping pay-go in place. here on the floor about strengthening cially my Republican colleagues, to Let me also echo that I absolutely our economy and protecting the middle support this amendment. support his notion that the American class and making life better for people Now, with the forbearance of my col- citizens in Puerto Rico deserve not to whom we serve, I think we really have league, I will speak to one other be forgotten and deserve to receive the to ask the very legitimate question: amendment for a moment. same attention we have bestowed upon Why? Why would one leave energy out There is an amendment that I have Americans in Texas or in Florida or in of this debate? Why would we limit our introduced that I know may well not Louisiana or elsewhere around our opportunity to create new wealth in get a vote but that I wanted to speak great country when they were victims this country? to. It would ensure that, as we consider of national disasters. I hope the Sen- I would again urge the Senate to re- tax reform, we do not forget those who ator from Delaware gets a chance to ject this amendment. It would deprive are the most in need of our assistance submit his amendment. us of a substantial opportunity to ben- right now and in the future. efit our country and ensure that we The United States was hit very hard While Puerto Rico is not receiving have great prospects and possibilities by three hurricanes and many wildfires sufficient attention, there is another in front of us. this year. In particular, Puerto Rico, a American territory nearby, the U.S. The Energy and Natural Resources U.S. territory of 3.4 million people, was Virgin Islands, that also has those Committee wanted to see this instruc- devastated by Hurricane Maria, which same kinds of challenges. If the Sen- tion in the budget resolution. I have was wider than the entire island. It ator gets a chance to submit that every confidence that we can meet it, caused massive damage and is now re- amendment, I hope he will include the so I would urge Members to vote no on sulting in a humanitarian crisis. Puer- U.S. Virgin Islands in there as well. the motion to strike when that comes to Rico’s 3.4 million people is several Mr. President, I call up amendment up later today. times more than live in my State of No. 1138, which I filed at the desk. I yield the floor. Delaware. It is about the size of Con- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- necticut. PERDUE). The clerk will report. ator from Delaware. Once we get past this initial crisis The bill clerk read as follows: AMENDMENT NO. 1138 TO AMENDMENT NO. 1116 and restore power, provide clean drink- The Senator from Virginia [Mr. WARNER] Mr. COONS. Mr. President, I join my ing water, get hospitals functioning, proposes an amendment numbered 1138 to colleague from the State of Virginia, and ensure people have housing, then amendment No. 1116. Senator WARNER, in offering an amend- Puerto Rico, the U.S. Virgin Islands, Mr. WARNER. Mr. President, I ask ment that will prevent tax reform from the areas of Houston, TX, and Miami, unanimous consent that the reading of ballooning our deficits. FL, as well as areas affected by the amendment be dispensed with. The Republican budget, which we are wildfires in all of these other parts of The PRESIDING OFFICER. Without currently considering, includes a trou- our country will have significant re- objection, it is so ordered. bling provision that would exempt a building needs. The amendment is as follows:

VerDate Sep 11 2014 02:17 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.028 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6612 CONGRESSIONAL RECORD — SENATE October 19, 2017 (Purpose: To strike the Senate pay-as-you-go the goals of tax reform ought to be to NAYS—51 exemption for tax cut reconciliation legis- lower corporate rates. I will point out, Alexander Flake Paul lation and the exception to rules pre- though, three quick things so that I Barrasso Gardner Perdue venting any legislation from increasing the may get back to finishing my com- Blunt Graham Portman deficit over the short-term) Boozman Grassley Risch ments. On page 50, line 8, strike ‘‘, and’’ and all Burr Hatch Roberts Capito Heller Rounds that follows through ‘‘ledger,’’ on line 9. One, let’s actually look at where America’s tax burden stands versus Cassidy Hoeven Rubio Beginning on page 50, strike line 23 and all Collins Inhofe Sasse that follows through page 51, line 3. those of other nations that actually Corker Isakson Scott Mr. WARNER. Mr. President, I rise have lower corporate tax rates, for ex- Cornyn Johnson Shelby to speak in favor of my amendment to ample. Out of the 34 OECD nations—35 Cotton Kennedy Strange Crapo Lankford Sullivan strike language in this budget resolu- now—if you were to listen to some Cruz Lee Thune tion that would exempt the $1.5 trillion folks on this floor, you would think Daines McCain Tillis tax reconciliation instructions from that America must rank at the top of Enzi McConnell Toomey Senate rules that are meant to prevent that list, but we are 31 out of 35. Ernst Moran Wicker Fischer Murkowski Young this body from dramatically increasing The PRESIDING OFFICER. All time our debts and deficits. has expired. NOT VOTING—2 I know that everybody is coming Mr. CORNYN. Thank you, Mr. Presi- Cochran Menendez back from lunch, and they probably dent. We will continue our conversa- The amendment (No. 1138) was re- feel pretty good and do not want to get tion. jected. indigestion, but remember, our country Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. The Sen- is sitting on top of a $20 trillion debt at unanimous consent, since I had a few ator from Arizona. this point, an accumulation in which moments and I was trying to give cour- Mr. MCCAIN. Mr. President, I ask both parties have unclean hands. tesy to answer my colleague, for an ad- unanimous consent to address the Sen- In the years that I have been in this ditional 5 minutes. ate as in morning business. The PRESIDING OFFICER. Without institution, I have worked with my Re- The PRESIDING OFFICER. Is there objection, it is so ordered. publican colleagues on issues that try objection? to address debts and deficits, but there Mr. MCCAIN. Mr. President, I came Mr. CORNYN. Just to clarify, is the is the notion that we are about to take to the floor today in support of the request for an additional 5 minutes of on a budget resolution this afternoon budget resolution for one reason. It is debate? and start with the premise that the because it provides the Senate a path Mr. WARNER. Five minutes to an- rules that are there to try to protect us forward on tax reform. I strongly sup- swer the Senator’s question and to from being fiscally irresponsible are port this effort to fix America’s bur- make my very short statement. going to be blown off at the outset. To densome tax system. It is my hope that say that we are going to start with $1.5 Mr. CORNYN. I object to any addi- reform will lead to simplifying the Tax trillion in the hole before we start tional time. Code, strengthening the middle class, counting is beyond irresponsible. The PRESIDING OFFICER. Objec- and ultimately boosting our economy. I thank my friend, the Senator from tion is heard. Unfortunately, I cannot offer my sup- Delaware, for joining me in offering The question is on agreeing to the port without reservation, so I have this amendment. amendment. come to the floor today to explain my Mr. CORNYN. Will the Senator from All time has expired. The time was concerns and remind my colleagues of Virginia yield for a question? until 2 p.m. the important work ahead of us. Even Mr. WARNER. I am pleased to yield Mr. WARNER. I ask for the yeas and as we support this resolution as a to my friend, the Senator from Texas, nays. means to achieve meaningful tax re- for a question as long as I still get a The PRESIDING OFFICER. Is there a form, we must acknowledge the fact chance to finish my comments. sufficient second? that the underlying budget contains an Mr. CORNYN. Mr. President, I appre- There appears to be a sufficient sec- insufficient level of funding for na- ciate that. And the Senator from Vir- ond. tional defense. As chairman of the Sen- ginia is my friend. We work together The question is on agreeing to the ate Armed Services Committee, my closely on the Intelligence Committee amendment. highest priority is to ensure that our on a number of matters. The clerk will call the roll. men and women serving in uniform I just want to ask a pretty basic The bill clerk called the roll. have the training, equipment, and re- question, which is whether the Senator sources they need to keep our Nation Mr. CORNYN. The following Senator from Virginia believes that it is pos- safe. is necessarily absent: the Senator from sible to improve economic growth as a The Senate budget resolution will set Mississippi (Mr. COCHRAN). result of tax reform in such a way as it fiscal year 2018 defense spending at the will close that $1.5 trillion gap that he Mr. DURBIN. I announce that the levels dictated by the Budget Control is so concerned about. Some econo- Senator from New Jersey (Mr. MENEN- Act cap. This budget is $54 billion less mists—ones who I believe are people we DEZ) is necessarily absent. than the President’s request and $86 can depend on—have suggested that as The PRESIDING OFFICER. Are there billion less than this body authorized much as a four-tenths of 1 percent in- any other Senators in the Chamber de- just last month in the National De- crease in our GDP will essentially im- siring to vote? fense Authorization Act. We passed the prove our economy to the point at The result was announced—yeas 47, National Defense Authorization Act by which that gap will close to zero, and nays 51, as follows: a vote of 89 to 9, a demonstration of the we will actually see true deficit reduc- [Rollcall Vote No. 228 Leg.] overwhelming bipartisan belief that tion. YEAS—47 the Budget Control Act level of defense Does the Senator agree with that or Baldwin Gillibrand Nelson spending is inadequate and unaccept- disagree? Bennet Harris Peters able. Mr. WARNER. Mr. President, I thank Blumenthal Hassan Reed Let be me clear. There is no BCA- the Senator from Texas for his com- Booker Heinrich Sanders level defense budget that would be suf- Brown Heitkamp ment. Schatz ficient to provide our military with Cantwell Hirono Schumer Let me say where I might agree with Cardin Kaine Shaheen what they need to fulfill current mis- some of Senator CORNYN’s principles. I Carper King Stabenow sions and prepare for future threats. Casey Klobuchar Tester believe that we need a more simplified Coons Leahy For those of us who have been paying Udall Tax Code. I believe that a goal of our Cortez Masto Manchin attention, we heard the warnings of the Van Hollen Tax Code ought to put American busi- Donnelly Markey steady decline of our military. Time Warner ness on a competitive basis with those Duckworth McCaskill and again our senior military and civil- Durbin Merkley Warren of other countries around the world. I Feinstein Murphy Whitehouse ian defense leaders have sounded the believe, as well, that to do that, one of Franken Murray Wyden alarm about the dangers of the Budget

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.009 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6613 Control Act spending caps. The Chair- An Army Black Hawk helicopter So now we have this list, as I just man of the Joint Chiefs of Staff, our went down during a training mission read off, of men and women serving in highest uniformed military officer, off the coast of Yemen, and one soldier the military and we are responsible, at General Dunford, has warned that if we died. least partially, for their death and in- continue on the current path, he as- One soldier died during helicopter jury. Why? Because they are not able sesses that ‘‘within 5 years, we will training at Fort Hood. to be trained. They are not able to be lose our ability to project power; the An amphibious vehicle explosion at equipped. They are not able to be main- basis of how we defend the homeland, Camp Pendleton injured 15 Americans. tained, and 60 percent of the F–18s are and advance U.S. interests, and meet A demolition accident in Fort Bragg not able to fly. We have sailors and air- our alliance commitments.’’ killed one soldier and injured seven men who are working 100-hour work- Make no mistake about what that others. weeks. We have gigantic problems with means. America’s military advantage Two Navy pilots died in a T–45 crash the ability to simply operate. is degrading. Without the ability to in Tennessee. Meanwhile, our adversaries are step- My friends, we are now losing more project power, the United States will ping up their capabilities. Obviously, of our men and women in uniform in no longer be a global power. That every time we turn around there is an- totally avoidable training accidents means that we put at risk not only our other crisis of some kind. Look at the than we are in combat. There is plenty ability to secure our interests and pro- world 8 years ago and look at the world of blame to go around for all of these tect our Nation but also the unprece- today. You will find an incredible dete- incidents, but we cannot ignore the dented era of security and prosperity rioration of America’s position and in- fact that Congress’s inability to pro- that American global leadership has fluence in the world. The front page of vide adequate, stable, and predictable provided the world. the Economist magazine this week has I might add for the benefit of my col- budgeting has contributed to the trou- a picture of the dictator of China and leagues that former President George bling state of affairs. While increased W. Bush today gave a very strong funding is not the only answer, there is the title is ‘‘The world’s most powerful statement emphasizing this problem no scenario where our military can get man,’’ and it is true. So here we are with a budget resolu- and the challenge we face. This is the healthy and ready to meet the chal- tion that basically has cut our mili- strategic reality we are facing in the lenges of an increasingly unstable tary—that is basically not funding next 5 years. It should not be a sur- world without additional resources. what we need. My friends, I do not prise. We have seen the steady degrada- There is broad, bipartisan agreement tion of the military. The strain of con- about that from Members of the House mean to get emotional, but why should stant operational tempo, combined of Representatives, here in the Senate, we send these young men and women in with inadequate and unstable funding and the President. Yet we are about to uniform in harm’s way without all has, over the past 16 years, worn down vote for a budget resolution that se- they need in order to fight and defend the greatest military in the world. verely underfunds the military because this Nation? Right now, they are not Just this week, Secretary of Defense the reality is that we all know that it ready. Right now, their planes can’t Mattis sent a letter to the Armed Serv- would not impact the actual appropria- fly. Right now, they are not able to op- ices Committee expressing his concerns tions. To solve these problems and to erate and train. They are not ready, with regard to the National Defense fulfill our duty to the men and women and that is not just MCCAIN’s word. Authorization Act that we are cur- in uniform we must negotiate a bipar- That is our military leaders’ words and rently negotiating with the House. The tisan budget agreement that will lift those of some of the most respected very first thing he said before address- the caps on defense spending. Only people in America and in the world. ing any of the policy changes and re- then can we rebuild the military, re- General Mattis, General McMaster, and forms in the bill is that his primary verse the disturbing readiness crisis, General Kelly will all tell you the same concern is the Budget Control Act, and and retain our ability to project power thing. we know why—because the defense and secure our interests around the We are sending our young men and spending caps are doing such immense world. women into hazardous situations with- harms to our military. Secretary I remind my colleagues that the fis- out their being completely equipped Mattis wrote: cal year started 3 weeks ago and that and capable of defending themselves. As I have testified before your committee, the Defense Department is currently That is wrong. What greater responsi- no enemy has done more to harm the operating under a continuing resolu- bility do we have than to the men and warfighting readiness of our military than tion. We know the harmful effects it women who are serving us in uniform sequestration. will have on the military. That is why today? Four just died in Niger. How I will repeat that for the benefit of getting to work on a budget deal is so many of the 100 Members of this body my colleagues. urgent. We must delay no longer. knew that we even had an operation in . . . no enemy has done more to harm the The budget resolution is not meant Niger? I will not go into the details, in warfighting readiness of our military than to provide that broader budget agree- deference to the family, but this is sequestration. Current caps continue to un- ment. This budget resolution is simply wrong, what we are doing. We saw it in necessarily defer critical maintenance, limit aviation availability, delay modernization, a means to get us to tax reform. How- the 1970s, and now we are seeing it and strain our men and women in uniform. ever, this budget resolution does rep- again. It was Mark Twain who said: We have seen the evidence of this resent something extremely troubling. ‘‘History doesn’t repeat itself, but it harm. Over the last few months there The Republican Party used to be uni- often rhymes.’’ It is beginning to have been a rash of training accidents, fied in its support for a strong national rhyme, and if we don’t, with this reso- collisions, and crashes. We are seeing defense. If our leaders in Congress and lution that we are going through, in- the tragic accidents in the news far too the White House don’t immediately get crease our spending to the level as au- often. to work negotiating a deal to lift the thorized by the National Defense Au- Seven sailors were killed when the defense caps and fund the military at a thorization Act, then we will bear some USS Fitzgerald collided with a contain- higher level than in this budget resolu- responsibility for what happens. ership off the coast of Japan. tion, I am not sure we will be able to I yield the floor. A Marine KC–130 crash in Mississippi claim that mantle any longer. The PRESIDING OFFICER (Mr. killed all 16 troops on board. I just want to sum up by saying that ROUNDS). The Senator from Michigan. An Osprey helicopter crashed off the we have a problem in the military Mr. PETERS. Mr. President, later coast of Australia and that resulted in today, and that is, whenever there are today the majority is going to attempt the deaths of three marines. cuts in defense spending, the first thing to pass a budget for 2018. Passing a An Army helicopter crashed off the that goes are the easy ones—the train- budget has come to mean all sorts of coast of Hawaii, with five soldiers pre- ing, readiness, the spare parts, the fly- things in Congress these days. Last sumed dead. ing hours. Those are the ones that get year’s budget was an attempt to repeal Ten sailors perished when the USS cut first because they are the easiest. the Affordable Care Act. This budget is McCain collided with a tanker near Cutting a major weapons system or supposedly all about tax reform. How- Singapore. program is extremely difficult. ever, a budget, first and foremost,

VerDate Sep 11 2014 06:42 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.034 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6614 CONGRESSIONAL RECORD — SENATE October 19, 2017 should be a statement about priorities Americans who are trying to save for level of bipartisanship should be our for the coming year and for the coming their retirement. goal, not 50 or 51. decade. This budget should be straight- I know we can do these things in a Let’s take a moment and examine forward. We should reduce the tax bur- truly bipartisan manner if we are just what this budget says about the major- den on middle class families. We should given the chance. Let’s work together ity’s priorities. With any budget, I make it simpler for Americans to file to pass real tax reform with broad sup- think you need to look at the end re- and understand their taxes. We should port from both sides of the aisle. The sult and ask a couple of very simple make it easier for them to save for re- American people deserve nothing less. questions. tirement. We should increase take- I stand ready to work with the ma- First, does this budget help reduce home pay for Americans that work jority, and so do my colleagues. I urge Federal deficits and debt with a respon- hard each and every day to make a liv- the majority to abandon this effort and sible, sensible approach? Second, does ing. start over. Make the decision not to this budget, ultimately, put us on a Unfortunately, none of these details add trillions more to the deficit. Make sustainable fiscal path? that are important for middle-class the decision not to cut Medicare and The answer to these questions is a folks were important enough to include Medicaid for Americans in need. Start clear no. Instead, this budget is pri- in this budget. That is why I will vote over. Let’s find a path forward to find marily intended to allow the majority against it. I urge my colleagues to do real, lasting, bipartisan solutions. to use an expedited procedure to move the same. I yield the floor. tax breaks that would increase the def- We cannot add another $1.5 trillion to Mr. LEAHY. Mr. President, budget icit by $1.5 trillion over the next dec- the deficit. We cannot slash Medicare resolutions set general spending prior- ade. and Medicaid. This is simply the wrong ities for the Federal Government. The My colleagues on the other side of direction for our country. budget resolution before us today, how- the aisle will say that this lost revenue So why are we moving forward with ever, sets a path for so-called tax re- is offset by spending cuts and promises this budget at all? Well, on this issue, form that will benefit the wealthiest of new revenues from economic growth I think the administration has been among us on the backs of hard-working far beyond what almost every single clear. Passing this budget is all about Americans. For all their talk of reining mainstream economist predicts. passing a so-called tax reform bill. in spending and reducing the debt, the Let’s look at the trillions in cuts However, passing this budget is not a majority is promoting a budget that that the majority is proposing. Where requirement for passing tax reform. will explode the debt by $1.5 trillion. the budget is specific, it is bad. Med- Passing this budget is only a require- They propose increasing the debt not icaid is cut by $1 trillion. Medicare, ment to pass a tax bill with as few to invest in our infrastructure or in which provides essential healthcare votes as possible—without input or educating the next generation. They services to our seniors, is cut by $470 buy-in from Members of the minority. propose increasing the debt not to ex- billion. On top of that, the budget in- This is not the way we should pass real pand access to healthcare or promote cludes over $3 trillion in unspecified tax reform. If tax reform is going to be medical research. No—they propose ex- cuts. successful, it must have broad bipar- ploding the debt to give corporations You don’t have to be an expert in the tisan input. I stand ready to work with and the top one percent a tax cut. Once Federal budget to know that $3 trillion my colleagues on real tax reform. again, they majority is turning away in unspecified cuts means one of two Modernizing and streamlining our from the bipartisan traditions of this things. They are either, No. 1, cuts to Tax Code can boost Michigan busi- Senate and toward the hyperpartisan programs that families and commu- nesses, raise take-home pay for work- tactics that do not result in progress nities rely on, like Head Start, Pell ers across sectors, and help create the for the American people. grants, and transportation funding, or, type of 21st century economy we need. This budget invests in millionaires No. 2, they are unspecified because We can make it easier for small busi- and billionaires like the Trump family, they are simply never going to happen. nesses, including manufacturers and the Koch brothers, wealthy corpora- That is what we are voting on today. family farms, to invest in themselves, tions, and the top 1 percent. It turns its There is nearly $1.5 trillion in cuts to and we can make the code fair across back on millions of hard-working Medicare and Medicaid, and then there sectors. We can establish incentives for American families. While the resolu- are trillions in cuts that are either so smart investment in our communities. tion authorizes a $1.5 trillion increase unpopular that no one dares name We can implement strong, enforceable in the debt, independent experts cal- what they are or trillions more in defi- rules to prevent companies from gam- culate that the real cost of the Trump cits because there is not a plan. ing our tax system and moving profits tax plan will far exceed that amount. The Federal budget is about choices. and jobs overseas. How will the majority pay for the dif- You can learn a lot about which For families, we can meaningfully ference? It will slash Medicaid, a pro- choices a budget puts in black and boost take-home pay. We can expand posal already rejected by the Senate white and which are left deliberately the child tax credit and earned-income this year. It will slash Medicare. It will unspecified. When it comes to the ma- tax credit, and we can work together to slash programs for veterans and infra- jority’s tax plan, we know only a few find real ways to help alleviate the cost structure. details, but we know enough to see of child care. We can lessen the burden It will be middle-class Americans where there will be winners and where of student debt, and we can help people who bear the brunt of these cuts. Ac- there will be losers. The winners will save for retirement. cording to independent analysts, mid- be the wealthiest Americans in our Tax reform can help create more dle-class Americans will see their home country and global corporations. good jobs right here at home, fix some values drop and will experience a tax We also need to look at what it of the issues in the code that drive jobs increase as a result of the Trump tax means for Michigan families and small and companies overseas, and put more plan. This shameful budget sends the businesses, but there is a deliberate money in the pockets of working fami- message that the Senate supports put- lack of detail that makes figuring out lies. ting tax cuts for the wealthy and big- what the bottom line is for working In 1986, Congress passed the most dra- gest corporations on our Nation’s cred- families impossible. We don’t know matic reform of the Federal Tax Code it card and, to the extent we pay for where the tax brackets will start and in modern history. How many votes did any of it, that we do so on the backs of where they will stop. We don’t know this sweeping overhaul of the tax sys- the middle class and seniors and at the what personal exemptions families will tem get? When tax reform ultimately expense of protecting the environment. be able to take. We don’t know the size passed the Senate in 1986, it received 97 This budget proposes invading the Arc- and the scope of the child tax credit. votes. tic National Wildlife Refuge. These are We don’t know if important incentives If we want to repeat that accomplish- not Vermont values. These are not for charitable contributions will be ment and truly overhaul our code to American values. This is not how our kept. The majority is even keeping make it work better for American fam- Nation became the greatest country on open the possibility of raising taxes on ilies and American businesses, that Earth.

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.035 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6615 After years of claiming that the def- and have been championed by the cur- which is another key reason why we icit is one of the greatest threats to rent administration. The budget reso- need to ensure this Refuge and its in- our country, the majority today will lution is another such effort to pro- habitants can thrive. waive away any concern about the mote development in a refuge, an effort U.S Customs and Border Protection long-term impact of increasing it. that should be rejected. In some cases, and U.S. Army Corps of Engineers They argue that the economic growth refuges are compatible with develop- planning actions earlier this year sug- spurred by these tax cuts will outpace ment and increased human activity. In gest that the Trump administration the foregone revenue, but as we saw others, development decisions, such as may shift existing Federal Homeland with the Bush tax cuts, this claim is the siting of oil and gas drilling, could Security funds to construct a segment simply not based in reality. This argu- negatively impact the future of both of-border wall through the Santa Ana ment is based on a pyramid scheme of human and animal inhabitants. Refuge. assumptions on top of assumptions, The Arctic National Wildlife Refuge, As I have said before, we already and while we should be taking a close one of the largest remaining intact have 650 miles of fencing along our look at the Congressional Budget Of- ecosystems in the world, is an example southern border with Mexico in the fice’s projections—a range of both dy- of the latter. The Refuge has been areas where it is most effective. I am namic and conventional scores—this home to the Gwich’in people for more not unequivocally opposed to physical budget resolution eliminates the only than 20,000 years. These Native people barriers where they are needed and existing mechanism that requires the subsist primarily on caribou. Research where they can be shown to be the Senate to have a CBO estimate in ad- shows that oil and gas development in most effective method of border secu- vance of a vote. Why might the major- the Refuge, even with a small foot- rity, but the Santa Ana Refuge is not a ity want to rush a vote before exam- print, could significantly alter Porcu- known problem area for border cross- ining the long-term economic impacts pine Caribou migration patterns and ing. Furthermore, a wall through the of these proposed tax cuts? calving behavior. These changes would Refuge would permanently damage Our Tax Code is complex—very much, threaten the Gwich’in people’s way of critical habitat, block wildlife migra- overly complex—and I share the view life. The U.S. 30-year-old treaty with tion routes, and would likely trap wild- that it is in need of improvement and Canada to conserve the Porcupine Car- life during floods. simplification. We can and should have ibou Herd could also be at risk. Again, a wall through the refuge a meaningful debate about tax reform, According to the U.S. Fish and Wild- would not yield intended outcomes and but any reforms must be certain to life Service, the Arctic Refuge is the would harm both wildlife and commu- benefit middle-class Americans, not only national conservation area where nities. I urge my colleagues on both just the top 1 percent. We need to polar bears regularly den. It is the sides of the aisle to question and op- strengthen tax credits that promote most consistently used polar bear land pose construction of this wall segment. community development and the con- denning area in Alaska. These iconic From Alaska to Texas to Delaware, struction of affordable housing. We bears are increasingly vulnerable due our National Wildlife Refuge System is should extend and make permanent tax to climate change, so the undisturbed well worth protecting and preserving credits that help those who are strug- Refuge land denning area is especially for future generations. I look forward gling to make ends meet. I am in favor critical for their survival. The Refuge to continued work with my colleagues of bipartisan tax reform that brings also hosts nearly 200 species of migra- and constituents to this end. both parties together and results in tory birds, musk oxen, and wolves. Thank you. balanced changes to the current sys- As the Senate contemplates the fu- The PRESIDING OFFICER. The Sen- tem. That is in the best tradition of ture of this spectacular natural area, I ator from Wyoming. the Senate, and it is the path to enact- want to remind my colleagues that this AMENDMENTS NOS. 1178, 1139, 1205, 1228, 1422, 1234, ing truly meaningful reforms that will body has said no to opening the Arctic AND 1249 TO AMENDMENT NO. 1116 benefit every single American. National Wildlife Refuge dozens of Mr. ENZI. Mr. President, I ask unani- The Senate should reject this par- times. With oil prices significantly mous consent that the following tisan effort, just as it rejected last lower than they were earlier this dec- amendments be called up en bloc and month the unsuccessful partisan ef- ade and oil supplies at historic highs, it reported by number: Flake No. 1178, forts to roll back health coverage for is hard to understand why we would Baldwin No. 1139, Rubio No. 1205, millions of Americans. We should—and change course now. The risks far out- Heitkamp No. 1228, Portman No. 1422, can—work together to craft a balanced weigh any benefits, and the American Donnelly No. 1234, and Kaine No. 1249. and sustainable budget and tax reform public has consistently opposed drilling I further ask consent that at 3 p.m., package. No package will be perfect, in the Arctic Refuge. all time on the resolution be yielded but it should be bipartisan. It should be I also want to express my strong con- back and the Senate vote in relation to fair. The budget before us today fails to cerns with possible pending adminis- the amendments in the order listed; meet that test, which is why I will op- trative action in the Santa Ana Na- that there be no second-degree amend- pose it. tional Wildlife Refuge, another na- ments in order to these seven amend- Mr. CARPER. Mr. President, last tional treasure. This Refuge is located ments prior to the votes; finally, that week, people across this country cele- on the U.S.-Mexico border, along the there be 2 minutes equally divided be- brated National Wildlife Refuge southernmost stretch of the Rio tween the managers or their designees Week—and rightfully so. National Grande River at the confluence of the prior to each vote and that all votes Wildlife Refuges are one of the crown Central and Mississippi flyways. It is after the first in this series be 10 min- jewels of our Federal public lands net- home to more than 400 bird species, utes in length. work. These refuges provide essential more than 300 species of butterflies, The PRESIDING OFFICER. Is there habitat for some of our most imperiled and more than 450 varieties of plants. objection? species, including many impacted by The Santa Ana Refuge supports rare Without objection, it is so ordered. climate change. Millions of refuge visi- wildlife species, some found only deep The clerk will report the amend- tors also fuel local and regional econo- in south Texas. The Refuge also pro- ments en bloc by number. mies by generating billions of dollars vides habitat for at least eight species The senior assistant legislative clerk in sales. protected under the Endangered Spe- read as follows: This week, the Senate is considering cies Act, including the ocelot. There The Senator from Wyoming [Mr. ENZI], for a budget resolution that would open are less than 50 ocelots left in the others, proposes amendments numbered 1178, one of our refuges, the Arctic National United States, so this Refuge is essen- 1139, 1205, 1228, 1422, 1234, and 1249 to amend- Wildlife Refuge, to oil and gas drilling. tial to the species’ recovery. ment No. 1116. Despite tremendous public support for The Santa Ana Refuge is also a pop- The amendments are as follows: our refuge system and the economic ular destination for birders and hosts AMENDMENT NO. 1178 benefits that the refuges bring to our more than 165,000 visitors each year. (Purpose: To make the American tax system local economies, efforts to develop The booming ecotourism industry in simpler and fairer) these special wild areas are ongoing the area is critical for local economies, At the end of title III, add the following:

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SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND AMENDMENT NO. 1228 AMENDMENT NO. 1249 RELATING TO MAKING THE AMER- (Purpose: To modify section 4111 to reinstate ICAN TAX SYSTEM SIMPLER AND (Purpose: To create a point of order against FAIRER FOR ALL AMERICANS. legislation that would increase taxes on and strengthen a prohibition on voting on The Chairman of the Committee on the taxpayers whose annual income is below legislation without a Congressional Budget Budget of the Senate may revise the alloca- $250,000) Office score) On page 83, strike lines 12 through 15, and tions of a committee or committees, aggre- At the end of title IV, add the following: gates, and other appropriate levels in this insert the following: resolution, and make adjustments to the SEC. 4ll. POINT OF ORDER AGAINST RAISING SEC. 4111. REPEAL OF CERTAIN LIMITATIONS. pay-as-you-go ledger, for one or more bills, TAXES ON TAXPAYERS WHOSE AN- Section 3206 of S. Con. Res. 11 (114th Con- NUAL INCOME IS BELOW $250,000. joint resolutions, amendments, amendments gress), the concurrent resolution on the between the Houses, motions, or conference (a) POINT OF ORDER.—It shall not be in budget for fiscal year 2016, is repealed. order in the Senate to consider any bill, reports relating to changes in Federal tax SEC. 4112. PROHIBITION ON AGREEING TO CER- laws, which may include provisions to make joint resolution, motion, amendment, TAIN AMENDMENTS TO LEGISLA- the American tax system simpler and fairer amendment between the Houses, or con- TION WITHOUT A SCORE IN THE for all Americans, by the amounts provided ference report that raises taxes on taxpayers SENATE. in such legislation for those purposes, pro- whose annual income is below $250,000. (a) IN GENERAL.—In the Senate, it shall not vided that such legislation would not in- (b) WAIVER AND APPEAL.—Subsection (a) be in order to vote on the adoption of a cov- crease the deficit over the period of the total may be waived or suspended in the Senate ered amendment to a bill or resolution that of fiscal years 2018 through 2027. only by an affirmative vote of three-fifths of requires an estimate under section 402 of the AMENDMENT NO. 1139 the Members, duly chosen and sworn. An af- Congressional Budget Act of 1974 (2 U.S.C. (Purpose: To prohibit reconciliation legisla- firmative vote of three-fifths of the Members 653), unless an estimate described in such tion that would increase the deficit or re- of the Senate, duly chosen and sworn, shall section 402 for the covered amendment was duce a surplus) be required to sustain an appeal of the ruling made publicly available on the website of the Congressional Budget Office not later than 28 At the end of subtitle A of title IV, add the of the Chair on a point of order raised under hours before the time the vote commences. following: subsection (a). (b) COVERED AMENDMENT DEFINED.—In this SEC. 41ll. SENATE POINT OF ORDER AGAINST AMENDMENT NO. 1422 section, the term ‘‘covered amendment’’ RECONCILIATION LEGISLATION THAT WOULD INCREASE THE DEF- (Purpose: To provide for an international means an amendment in the nature of a sub- ICIT OR REDUCE A SURPLUS. tax system that provides or enhances incen- stitute. (a) POINT OF ORDER.—It shall not be in tives for businesses to invest in America, (c) SUPERMAJORITY WAIVER AND APPEAL.— order in the Senate to consider any rec- generate American jobs, retain American (1) WAIVER.—In the Senate, subsection (a) onciliation bill, resolution, amendment, jobs, and return jobs to America) may be waived or suspended only by an af- amendment between the Houses, motion, or At the end of title III, add the following: firmative vote of three-fifths of the Mem- conference report pursuant to section 310 of bers, duly chosen and sworn. SEC. 3 lll. DEFICIT-NEUTRAL RESERVE FUND (2) APPEAL.—An affirmative vote of three- the Congressional Budget Act of 1974 (2 RELATING TO THE PROVISION OF IN- U.S.C. 641) that would cause or increase a CENTIVES FOR BUSINESSES TO IN- fifths of the Members of the Senate, duly deficit or reduce a surplus in either of the VEST IN AMERICA AND CREATE chosen and sworn, shall be required to sus- following periods: JOBS IN AMERICA. tain an appeal of the ruling of the Chair on (1) The period of the current fiscal year, The Chairman of the Committee on the a point of order raised under subsection (a). the budget year, and the ensuing 4 fiscal Budget of the Senate may revise the alloca- Mr. ENZI. For the information of all years following the budget year. tions of a committee or committees, aggre- Senators, these are the first seven (2) The period of the current fiscal year, gates, and other appropriate levels in this amendments we will consider during the budget year, and the ensuing 9 fiscal resolution, and make adjustments to the vote-arama, and we will work to get an years following the budget year. pay-as-you-go ledger, for one or more bills, agreement on a final list of amend- (b) SUPERMAJORITY WAIVER AND APPEAL IN joint resolutions, amendments, amendments ments during these votes. THE SENATE.— between the Houses, motions, or conference (1) WAIVER.—This section may be waived or I yield the floor. reports relating to changes in federal tax The PRESIDING OFFICER. The Sen- suspended in the Senate only by an affirma- laws, which may include international tax tive vote of three-fifths of the Members, duly provisions that provide or enhance incen- ator from Georgia. chosen and sworn. tives for businesses to invest in America, Mr. PERDUE. Mr. President, I think (2) APPEAL.—An affirmative vote of three- generate American jobs, retain American I am the only one standing between fifths of the Members of the Senate, duly jobs, and return jobs to America, by the this body and a vote on something that chosen and sworn, shall be required in the amounts provided in such legislation for 2 years ago I didn’t know existed, and Senate to sustain an appeal of the ruling of those purposes, provided that such legisla- that is a ‘‘vote-arama’’ in local Senate the Chair on a point of order raised under tion would not increase the deficit over ei- terms. Being an outsider to the polit- this section. ther the period of the total of fiscal years (c) DETERMINATION OF BUDGET LEVELS.— ical process, I find a lot of this very 2018 through 2022 or the period of the total of For purposes of this section, the levels of strange. fiscal years 2018 through 2027. deficit increases and reductions in a surplus I came to Washington, and now I shall be determined on the basis of estimates AMENDMENT NO. 1234 have a new vocabulary. It includes provided by the Committee on the Budget of (Purpose: To create a point of order against things like ‘‘scoring,’’ which doesn’t the Senate. legislation that allows companies that have anything to do with sports, ‘‘vote- AMENDMENT NO. 1205 have outsourced jobs to foreign countries arama,’’ which doesn’t have anything (Purpose: To establish a deficit-neutral re- to benefit from any tax breaks) to do with the carnival down the road, serve fund relating to tax cuts for working American families) At the end of title IV, add the following: or ‘‘deficit-neutral reserve fund.’’ I am At the end of title III, add the following: SEC. 4ll. POINT OF ORDER AGAINST ANY TAX still trying to figure out what that is; BILL ALLOWING COMPANIES THAT SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND I see the Presiding Officer is smiling up HAVE OUTSOURCED JOBS TO FOR- RELATING TO TAX CUTS FOR WORK- there. Then there are ‘‘points of EIGN COUNTRIES TO BENEFIT FROM ING AMERICAN FAMILIES. ANY TAX BREAKS. order.’’ There is a vocabulary centered The Chairman of the Committee on the around what we are going to be doing (a) POINT OF ORDER.—It shall not be in Budget of the Senate may revise the alloca- this afternoon, but I want to speak to tions of a committee or committees, aggre- order in the Senate to consider any bill, gates, and other appropriate levels in this joint resolution, motion, amendment, the budget process itself. resolution, and make adjustments to the amendment between the Houses, or con- First of all, I want to be very clear pay-as-you-go ledger, for one or more bills, ference report that permits companies which with my colleagues on both sides. I joint resolutions, amendments, amendments have outsourced jobs to foreign countries to support this budget that we are going between the Houses, motions, or conference benefit from any tax breaks. to vote on today for one very strong reports relating to increasing per-child Fed- (b) WAIVER AND APPEAL.—Subsection (a) reason. It is a vehicle to get to tax re- eral tax relief, which may include amending may be waived or suspended in the Senate form in the United States. I will not the child tax credit, by the amounts provided only by an affirmative vote of three-fifths of speak on taxes today in the few min- in such legislation for those purposes, pro- the Members, duly chosen and sworn. An af- vided that such legislation would not in- firmative vote of three-fifths of the Members utes that I have, but I do want to speak crease the deficit over either the period of of the Senate, duly chosen and sworn, shall about the process. the total of fiscal years 2018 through 2022 or be required to sustain an appeal of the ruling What we are doing in America right the period of the total of fiscal years 2018 of the Chair on a point of order raised under now in the Senate and the Congress— through 2027. subsection (a). and what we have been doing over the

VerDate Sep 11 2014 06:42 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.011 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6617 last 43 years—is losing the right to do curity, Medicare, pension and benefits should include, because we believe the the right thing. Let me say that again. for Federal employees, and the interest budget should be a law. We are losing the right to do the right on our debt. This is a formula for fi- Today, the budget is only a resolu- thing. nancial disaster. tion, which means it is nothing but a Just a few weeks ago, we voted with- At this point, we already have $20 political statement by the majority out batting an eye for $15 billion of al- trillion of debt. Over the next 30 years, party. located funds for the victims of two some estimates say that we will have We then go to an authorizing process hurricanes in Florida, Texas, and other over $130 trillion of future commit- where the minority party, because they southern States, with every dime of ments, liabilities coming at us like a weren’t asked to play in the budget that money in borrowed money. We freight train. process—we have an authorizing proc- have to go to China and other places We are hamstrung because we have a ess in which, today, we have over $300 and borrow that money so we can spend budget process that doesn’t work. One billion of Federal expenditures a year and do the right thing. That is not an thing that contributes to this is a proc- that are not authorized, over $300 bil- embellishment or an exaggeration. ess that over the last 43 years, since lion. What about research for the rising, the 1974 Budget Act was put in place, Then we are supposed to go to an ap- spiraling cost of our healthcare, driven which created this budget process, the propriations process. As I have just by Alzheimer’s, cancer, and diabetes? budget has worked only four times in said, we have appropriated, on average, We spend about the same amount of 43 years. It has funded the Federal Gov- over those 43 years, only 21⁄2 bills a money on that as we spend on all for- ernment only four times. That is not a year instead of 12. eign aid. Yet, if we were to do more, we partisan comment; that is an indict- We can fix this. It is not a partisan could cure those heinous diseases and ment on this body and on the body issue. We will absolutely fix this budg- lower our medical costs. We can invest across the hall. et process in a bipartisan way. I am in our infrastructure. We can abso- In any other environment—sports, going to vote for this. I hope my col- lutely take care of victims of wildfires, medicine, business, military—imagine leagues will vote for this budget bill so and now we have Puerto Rico. if you had a process that worked only we can go on and debate taxes. Tonight we are going to be asked to four times. Imagine if you had a tank The debt crisis is the No. 1 crisis we vote up or down on a supplemental bill in World War II, and you are over face in our country. It keeps us from for some $30 billion-plus for the needs there, and every 43 times you fired it, doing the right thing—funding our na- of these catastrophes. We have lost the it worked only four times. Imagine tional defense and taking care of our right to do the right thing, which is, of what result would be. needs. course, to meet those needs. What we have here is a system that I will support this budget today, and Here is the biggest one. You just doesn’t work. I am going to try to ex- I urge my colleagues to do the same. heard my great colleague, Senator plain that very quickly. I yield the floor. MCCAIN from Arizona. He is the chair- First, we have committees in the I suggest the absence of a quorum. man of the Armed Services Committee, U.S. Senate that involve themselves in The PRESIDING OFFICER. The of which I am a member. He talked appropriations and the funding of the clerk will call the roll. about how decimated our military is Federal Government. Some are called The senior assistant legislative clerk from a funding standpoint. He talked authorizing committees. These are proceeded to call the roll. about readiness. He talked about cap- committees like the Foreign Relations Mr. CASSIDY. Mr. President, I ask italization. But today, we are bor- Committee; we have Appropriations. unanimous consent that the order for rowing every dime we spend on our We have all of these authorizing com- the quorum call be rescinded. military, on our veterans, and on every mittees over here on the left. On the The PRESIDING OFFICER. Without domestic discretionary program in the right here are Appropriations Commit- objection, it is so ordered. United States. That is a fact. Where do tees. Today, these committees have to HONORING OUR ARMED FORCES we get the money when we run out of pass 12 bills in order to fund the Fed- LIEUTENANT PATRICK L. RUTH our own money? We spend every dime eral Government. Mr. CASSIDY. Mr. President, this is of our own. By the way, we collected Over the last 43 years, out of the 12 not about the budget, but it is about over $3.5 trillion of Federal tax revenue bills we have to appropriate to fund the something that all of us can, unfortu- last year. It is the largest amount government, we have averaged only 21⁄2 nately, understand the importance of. America has ever collected in income bills. In any other world, that can’t On Sunday, October 1, U.S. naval taxes and total taxes for the Federal work. It doesn’t work here. So we end aviation instructor, LT Patrick L. Government—the most we have ever Ruth, and student naval aviator, LTJG collected—but all of that money goes up with 179 continuing resolutions to to mandatory expenses. get us past the end of our fiscal year to Wallace Burch, were both killed when As a matter of fact, since 2000, under continue spending at last year’s rate, their Goshawk training jet crashed in one Republican President and one and then we go to an ‘‘omnibus’’—an- Tellico Plains, TN. Lieutenant Ruth Democratic President, our government other new term that I had never heard was a native of Louisiana, growing up has grown from $2.4 trillion to $4 tril- of—at the end of the calendar year. Ba- in Metairie. Lieutenant Ruth served in lion. That is not the worst of it. The sically, most times, six or eight people the Navy for 9 years, beginning his ca- worst is yet to come. We have added in will get in a room and decide how to reer in the Naval Reserve Officer two Presidencies $14 trillion to our spend $1 trillion. This current budget Training Corps at Tulane University. Federal debt. Of our $20 trillion, $14 deals with, primarily, issues that are He was commissioned in May of 2008. trillion of it was added under these two not on the mandatory side. After flight training, he joined Carrier Presidents. There is a way forward. There are Airborne Early Warning Squadron 126, In the next 10 years, the current Members on the other side—and I am based in Norfolk, VA, in 2012. budget under which we are working going to call out one—my good friend Lieutenant Ruth flew the E–2C will add another $11 trillion to our from the State of Rhode Island. Sen- Hawkeye as part of the tactical air debt. ator WHITEHOUSE and I and others have forces of the U.S. Navy. His primary Here is the problem. The blue line been working on this for quite some mission was early warning defense of here is what you heard Senator MCCAIN time. He has a great idea: Let’s pick a the carrier battle group, as well as air talk about earlier. That is our discre- point in the future, make the debt a strike control, ocean surveillance, and tionary spending. It is flat. As a matter percentage of our GDP, and work back- search and rescue coordination. of fact, between 2009 and today, we ward from there with guardrails on In April 2015, he moved to Naval have lowered discretionary spending by what we can do every year. Training Squadron 7, based in Merid- over one-third, by $400 billion. But There is a budget process we have ian, MS. what has happened is that our manda- been working on that creates a politi- As an instructor, Lieutenant Ruth tory expenses have exploded. cally neutral platform that allows both trained the next generation of naval On this chart, this line here, are our sides, in a bipartisan way, to argue and aviators in strike aviation, basic air- mandatory expenses; that is, Social Se- fight over what we think the budget craft maneuvering, and landing skills.

VerDate Sep 11 2014 06:42 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.038 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6618 CONGRESSIONAL RECORD — SENATE October 19, 2017 Lieutenant Ruth was a dedicated Mr. BROWN. Mr. President, we yield cits that will surely be used by my Re- naval aviator. As evidence, he earned back the time. publican colleagues to continue to jus- two Navy and Marine Corps Achieve- The PRESIDING OFFICER. All time tify an unwillingness to invest in the ment Medals during his distinguished is yielded back. essential pillars of economic security career. The question is on agreeing to for families. Our brave men and women in uniform amendment No. 1178. The entire reason reconciliation was take extreme risks every day to defend Mr. FLAKE. Mr. President, I ask for created was for deficit reduction, which our Nation. The risks are necessary, the yeas and nays. the majority claims to care so much made to ensure that our military is The PRESIDING OFFICER. Is there a about. My amendment is very simple. fully prepared to face any threat. We sufficient second? It would reinstate a point of order, are forever grateful for Lieutenant There appears to be a sufficient sec- known as the Conrad rule, against rec- Ruth and those who answer the call of ond. onciliation legislation that increases duty to keep us safe. The clerk will call the roll. the deficit. Let’s not use reconciliation We must also think of the incredible The senior assistant legislative clerk to add to our deficit. sacrifices of Lieutenant Ruth’s family called the roll. Mr. CORNYN. The following Senator I urge my colleagues to support my and all military families. They may commonsense amendment that has not be wearing uniforms, but they, too, is necessarily absent: the Senator from been cosponsored by Senators WARNER, serve our country. Mississippi (Mr. COCHRAN). WHITEHOUSE, KAINE, COONS, KING, I had the privilege of speaking with Mr. DURBIN. I announce that the WYDEN, and VAN HOLLEN. Lieutenant Ruth’s family. I learned Senator from New Jersey (Mr. MENEN- that his younger brother Shane is Ac- DEZ) is necessarily absent. The PRESIDING OFFICER. The Sen- tive Duty Navy. His older brother is re- The PRESIDING OFFICER. Are there ator from Wyoming. tired Navy. His sisters were, and are, so any other Senators in the Chamber de- Mr. ENZI. Mr. President, I urge my supportive. siring to vote? colleagues to oppose this amendment, Lieutenant Ruth’s parents, David and The result was announced—yeas 98, which would create an uneven playing Mary Ann Ruth, still grieve. How could nays 0, as follows: field for the upcoming congressional any parent not? [Rollcall Vote No. 229 Leg.] reconciliation. If adopted, this amend- But to borrow from President Lin- YEAS—98 ment would reinstate a point of order coln’s letter to a grieving mother: Alexander Franken Nelson from the fiscal year 2008 budget resolu- I pray that our Heavenly Father may as- Baldwin Gardner Paul tion, which Congress repealed 2 years suage the anguish of your bereavement, and Barrasso Gillibrand Perdue ago. It was repealed to ensure equal Bennet Graham leave you only the cherished memory of the Peters treatment of all reconciliation bills by Blumenthal Grassley Portman loved and lost, and the solemn pride that Blunt Harris Reed restoring the level playing field that must be yours to have laid so costly a sac- Booker Hassan Risch had existed prior to the adoption of the rifice upon the alter of freedom. Boozman Hatch Roberts point of order in 2008. That was used Brown Heinrich Rounds Lieutenant Ruth is survived by his Burr Heitkamp under the Byrd rule. parents, David and Mary; his fiance, Rubio Cantwell Heller Sanders The Byrd rule specifically does not Capito Hirono Jessica; and his four siblings. We grieve Sasse require such budget neutrality inside Cardin Hoeven with you. You are in our prayers. Schatz Carper Inhofe the budget window. Why? Because rec- Schumer Lieutenant Patrick Ruth will not be Casey Isakson onciliation was designed to be neutral Scott forgotten. Cassidy Johnson Shaheen in its orientation. The Budget Act Collins Kaine I yield the floor. Shelby states that reconciliation instructions The PRESIDING OFFICER. Under Coons Kennedy Corker King Stabenow must enumerate changes in spending the previous order, all time on the res- Cornyn Klobuchar Strange and revenue amounts. It does not stip- Sullivan olution is yielded back. Cortez Masto Lankford ulate those changes must be increases Cotton Leahy Tester AMENDMENT NO. 1178 Crapo Lee Thune or decreases. There will now be 2 minutes of de- Cruz Manchin Tillis The fiscal year 2016 budget resolution Toomey bate, equally divided, prior to a vote in Daines Markey restored the longstanding neutrality relation to Flake amendment No. 1178. Donnelly McCain Udall Duckworth McCaskill Van Hollen principle of the Byrd rule. It was the The Senator from Arizona. Durbin McConnell Warner right thing to do then, and we should Mr. FLAKE. Mr. President, this Enzi Merkley Warren reaffirm that position today. I urge my Whitehouse amendment would set up a deficit-neu- Ernst Moran colleagues to oppose this amendment. tral reserve fund relating to making Feinstein Murkowski Wicker Fischer Murphy Wyden The PRESIDING OFFICER. The Sen- the American tax system simpler and Flake Murray Young ator’s time has expired. fairer for all Americans. NOT VOTING—2 Not only do we need to do tax reform, The question is on agreeing to the but we need to do it urgently. It has Cochran Menendez amendment. been more than 30 years since we have The amendment (No. 1178) was agreed Mr. ENZI. I ask for the yeas and reformed the Tax Code in any signifi- to. nays. cant way. We have more preferences AMENDMENT NO. 1139 The PRESIDING OFFICER. Is there a and loopholes and deductions out there The PRESIDING OFFICER. There sufficient second? than we know what to do with. In fact, will now be 2 minutes of debate, equal- There appears to be a sufficient sec- if we total all of them together, there ly divided, prior to a vote in relation to ond. are more expenditures in the Tax Code, Baldwin amendment No. 1139. The clerk will call the roll. or money avoiding coming to Wash- The Senator from Wisconsin. The senior assistant legislative clerk ington—tax avoidance—than we spend Ms. BALDWIN. Mr. President, I rise called the roll. on our entire discretionary budget. It to speak to Baldwin amendment No. Mr. CORNYN. The following Senator is about $1.26 trillion annually. 1139. Wisconsin families need a tax is necessarily absent: the Senator from So we have to have a code where we break, and that is what I am working Mississippi (Mr. COCHRAN). lower the rates and broaden the base. for. This budget will fast-track enor- Broadening the base means going after mous tax breaks for the wealthiest few. Mr. DURBIN. I announce that the some of these popular loopholes and de- It increases the deficit and puts Medi- Senator from New Jersey (Mr. MENEN- ductions and preferences that make the care and Medicaid on the chopping DEZ) is necessarily absent. Tax Code a lot bigger and scarier and block to pay for it. The PRESIDING OFFICER. Are there more complicated than it should be. I don’t think it is right to ask the any other Senators in the Chamber de- With that, I yield the floor. middle class to pay for tax breaks for siring to vote? The PRESIDING OFFICER (Mr. CAS- the top 1 percent with cuts to Medicare The result was announced—yeas 47, SIDY). Who yields time in opposition? and Medicaid and rising deficits—defi- nays 51, as follows:

VerDate Sep 11 2014 06:42 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.039 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6619 [Rollcall Vote No. 230 Leg.] One of issues is making it refundable amendment. The amendment would in- YEAS—47 so the tax credit is available and useful appropriately bind the Finance Com- Baldwin Gillibrand Nelson to lower income families, who are the mittee’s work on any tax legislation it Bennet Harris Peters hardest hit by high child care costs, writes. Blumenthal Hassan Reed and also making it available to those This point of order is meant to be a Booker Heinrich Sanders Brown Heitkamp Schatz families who use these funds to care for poison pill in the process and would set Cantwell Hirono Schumer perhaps an aged relative or an injured a 60-vote threshold on tax reform, ef- Cardin Kaine Shaheen relative. fectively killing its efforts through Carper King Stabenow Casey Klobuchar I agree with the amendment, and I reconciliation. This resolution’s in- Tester Coons Leahy support it, but I think we need to make structions to Finance do not specify Udall Cortez Masto Manchin Van Hollen the point that there is more work to be the policy or the provisions that are Donnelly Markey done. I have introduced a bill with Sen- Duckworth McCaskill Warner going to be reported out of the com- Durbin Merkley Warren ator HELLER, Senator BURR, and Sen- mittee, but the framework, as stated, Feinstein Murphy Whitehouse ator COLLINS on this subject, and I look will be just as progressive as the cur- Franken Murray Wyden forward to bringing that forward for rent Tax Code. The chairman of the Fi- NAYS—51 consideration at an appropriate mo- nance Committee and members can as- Alexander Flake Paul ment. sure you of that result. Barrasso Gardner Perdue I urge support for Senator RUBIO’s This amendment is unnecessary, and Blunt Graham Portman amendment. I urge my colleagues to oppose it. Boozman Grassley Risch Burr Hatch Roberts The PRESIDING OFFICER. The Sen- I raise a point of order against this Capito Heller Rounds ator from Utah. amendment under the Budget Act, sec- Cassidy Hoeven Rubio Mr. LEE. Mr. President, I ask unani- tion 305(b)(2). Collins Inhofe Sasse mous consent to extend debate by 30 Corker Isakson Scott The PRESIDING OFFICER. The Sen- Cornyn Johnson Shelby seconds. ator from North Dakota. Cotton Kennedy Strange The PRESIDING OFFICER. Is there Ms. HEITKAMP. Mr. President, pur- Crapo Lankford Sullivan objection? suant to section 904 of the Congres- Cruz Lee Thune Without objection, it is so ordered. Daines McCain Tillis sional Budget Act of 1974, I move to Enzi McConnell Toomey Mr. LEE. Mr. President, I rise in sup- waive section 305(b)(2) of that act for Ernst Moran Wicker port of this amendment. purposes of the pending amendment, Fischer Murkowski Young This would correct a great defect in and I ask for the yeas and nays. NOT VOTING—2 our Tax Code—the parent tax penalty. The PRESIDING OFFICER. Is there a Cochran Menendez We have been punishing parents for sufficient second? The amendment (No. 1139) was re- decades because of the way our Federal There appears to be a sufficient sec- jected. tax system and our senior entitlement ond. programs—Social Security and Medi- AMENDMENT NO. 1205 The question is on agreeing to the The PRESIDING OFFICER. There care—interact. We have to end this tyr- motion. will now be 2 minutes of debate, equal- anny and end this now. This amend- The clerk will call the roll. ly divided, prior to a vote in relation to ment does that, and I urge my col- The senior assistant legislative clerk Rubio amendment No. 1205. leagues to support it. called the roll. The Senator from Florida. The PRESIDING OFFICER. Is there Mr. CORNYN. The following Senator Mr. RUBIO. Mr. President, this any further debate on the amendment? is necessarily absent: the Senator from amendment relates to the child tax If not, the question is on agreeing to Mississippi (Mr. COCHRAN). credit. It is abundantly clear that per- the amendment. Mr. DURBIN. I announce that the The amendment (No. 1205) was agreed haps one of the most effective ways to Senator from New Jersey (Mr. MENEN- to. deliver tax relief—tax cuts—to working DEZ) is necessarily absent. families is through the expansion of AMENDMENT NO. 1228 The PRESIDING OFFICER. Are there this credit, as it is our hope to achieve The PRESIDING OFFICER. There any other Senators in the Chamber de- during tax reform. will now be 2 minutes of debate, equal- siring to vote? I think it is important to point out ly divided, prior to a vote in relation to The yeas and nays resulted—yeas 47, that the U.S. Department of Agri- Heitkamp amendment No. 1228. nays 51, as follows: culture compiles data on how much it The Senator from North Dakota. [Rollcall Vote No. 231 Leg.] Ms. HEITKAMP. Mr. President, as we costs to raise children in the 21st cen- YEAS—47 tury. Today, it is expected that middle- move forward on tax reform, I think the one great potential for absolute Baldwin Gillibrand Nelson income families are going to spend Bennet Harris Peters $230,000 to raise their children. By the agreement is that we should lower the Blumenthal Hassan Reed way, that does not include the cost of burden for middle-income taxpayers, Booker Heinrich Sanders their going to college. and as we move forward, the one thing Brown Heitkamp Schatz Cantwell Hirono Schumer Being able to deliver relief to hard- we absolutely should not do is in any Cardin Kaine way increase the tax burden for mid- Shaheen working families through the expan- Carper King Stabenow Casey Klobuchar sion of the child tax credit, which is dle-income taxpayers. This amendment Tester Coons Leahy applicable not just against income tax is about guaranteeing that no one who Udall Cortez Masto Manchin Van Hollen but payroll tax, is perhaps the single makes under $250,000 sees his taxes in- Donnelly Markey most effective way to do that given the crease in any kind of legislation, in- Duckworth McCaskill Warner Warren framework under which we will be cluding in any tax reform proposal. Durbin Merkley Feinstein Murphy Whitehouse working. That is what this amendment I have heard from teachers, nurses, Franken Murray Wyden intends to reserve the opportunity to and veterans. They all want to know do. what this means for them. To guar- NAYS—51 The PRESIDING OFFICER. The Sen- antee people an absolute bright line Alexander Enzi Lankford Barrasso Ernst Lee ator from Maine. that their taxes will not go up is abso- Blunt Fischer McCain Mr. KING. Mr. President, I rise not in lutely essential as we move forward. Boozman Flake McConnell opposition to the amendment but to I urge a ‘‘yes’’ vote on this amend- Burr Gardner Moran compliment the Senator for bringing ment. Capito Graham Murkowski Cassidy Grassley Paul this issue forward. I intend to support The PRESIDING OFFICER. The Sen- Collins Hatch Perdue the amendment, but I just want to ator from Wyoming. Corker Heller Portman make the point that this is a broader Mr. ENZI. Mr. President, again, this Cornyn Hoeven Risch issue in that we are going to have to is another attempt to do the Finance Cotton Inhofe Roberts Crapo Isakson Rounds address the child and dependent tax Committee’s work as part of the budg- Cruz Johnson Rubio credit. et. I urge my colleagues to oppose this Daines Kennedy Sasse

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.019 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6620 CONGRESSIONAL RECORD — SENATE October 19, 2017 Scott Sullivan Toomey came up with a proposal which said ly divided, prior to a vote in relation to Shelby Thune Wicker Strange Tillis Young that the international system is bro- Brown amendment No. 1378. ken and that we need to move to one The clerk will report the amendment. NOT VOTING—2 like the one we are talking about in The legislative clerk read as follows: Cochran Menendez this amendment that brings back jobs. The Senator from Ohio [Mr. BROWN] pro- The PRESIDING OFFICER. On this One of the problems is that the cur- poses an amendment numbered 1378 to vote, the yeas are 47, the nays are 51. rent Tax Code actually encourages amendment No. 1116. Three-fifths of the Senators duly cho- companies to keep their money off- Mr. BROWN. Mr. President, I ask sen and sworn not having voted in the shore. We think we could bring back a unanimous consent that the reading of affirmative, the motion is rejected. lot of that money. There is probably the amendment be dispensed with. The point of order is sustained and $2.5 to $3 trillion locked out offshore. The PRESIDING OFFICER. Without the amendment falls. But it is worse than that. It also leads objection, it is so ordered. The Senator from Wyoming. to American companies being taken The amendment is as follows: AMENDMENT NO. 1234, AS MODIFIED over by foreign companies and these in- (Purpose: To establish a deficit-neutral re- Mr. ENZI. Mr. President, I ask unani- versions we have heard so much about. serve fund relating to providing tax bene- mous consent that the Donnelly In the last 24 hours, we had another fits to patriot employers that invest in major inversion. Companies that have American jobs and provide fair pay and amendment be modified with the text benefits to workers) of his amendment No. 1423, which is at household names are picking up and At the end of title III, add the following: the desk. leaving our country and taking their SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND The PRESIDING OFFICER. Without jobs and investment with them. This amendment is common sense, RELATING TO PROVIDING TAX BENE- objection, it is so ordered. FITS TO PATRIOT EMPLOYERS THAT The amendment (No. 1234), as modi- Mr. President. I urge my colleagues on INVEST IN AMERICAN JOBS AND fied, is as follows: both sides of the aisle to support it. PROVIDE FAIR PAY AND BENEFITS The PRESIDING OFFICER. The Sen- TO WORKERS. (Purpose: To establish a deficit-neutral re- ator from Indiana. The Chairman of the Committee on the serve fund relating to eliminating tax Mr. DONNELLY. Mr. President, I rise Budget of the Senate may revise the alloca- breaks for companies that ship jobs to for- tions of a committee or committees, aggre- eign countries) in support of the Portman amendment. We can all agree that tax reform gates, and other appropriate levels in this At the end of title III, add the following: resolution, and make adjustments to the should help create more good jobs and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND pay-as-you-go ledger, for one or more bills, RELATING TO ELIMINATING TAX protect the good jobs we already have. joint resolutions, amendments, amendments BREAKS FOR COMPANIES THAT SHIP I support the Portman amendment, and between the Houses, motions, or conference JOBS TO FOREIGN COUNTRIES. I look forward to colleagues supporting reports relating to income taxes paid by The Chairman of the Committee on the my amendment that ensures that com- businesses, which may include measures pro- Budget of the Senate may revise the alloca- panies that ship American jobs to for- viding tax breaks for companies that have tions of a committee or committees, aggre- not moved overseas to avoid paying their gates, and other appropriate levels in this eign countries are not eligible for tax breaks. I want to work with my col- fair share of taxes, have maintained or ex- resolution, and make adjustments to the panded their United States workforce, or pay-as-you-go ledger, for one or more bills, leagues to make sure any tax reform have provided fair wages and quality health joint resolutions, amendments, amendments package is good for American workers. insurance, prepared workers for retirement, between the Houses, motions, or conference Thank you, Mr. President. hired veterans and workers with disabilities, reports relating to eliminating tax breaks The PRESIDING OFFICER. Who and provided paid family medical leave, by for companies that outsource jobs to foreign yields time? the amounts provided in such legislation for countries, by the amounts provided in such If no one yields time, the question is those purposes, provided that such legisla- legislation for those purposes, provided that on agreeing to the amendment. tion would not increase the deficit over ei- such legislation would not increase the def- The amendment (No. 1422) was agreed ther the period of the total of fiscal years icit over either the period of the total of fis- to. 2018 through 2022 or the period of the total of cal years 2018 through 2022 or the period of fiscal years 2018 through 2027. the total of fiscal years 2018 through 2027. AMENDMENT NO. 1234, AS MODIFIED The PRESIDING OFFICER. There Mr. BROWN. Mr. President, I ask for Mr. ENZI. Mr. President, I further support of the Patriot Corporation Act ask that the pending Kaine amendment will now be 2 minutes of debate, equal- ly divided, prior to a vote in relation to amendment. It is all pretty simple. be temporarily laid aside and that the Over the years, we have seen compa- Brown amendment No. 1378 be made Donnelly amendment No. 1234, as modi- fied. nies shut down production in Mans- pending and be the next vote in the se- field, OH, or Dayton, OH, and move to ries, with 2 minutes of debate prior to The Senator from Indiana. Mr. DONNELLY. Mr. President, I rise Tijuana, Mexico, or Hunan, China, and the vote. today in support of the amendment I then sell their production back in the The PRESIDING OFFICER. Without offered to address the outsourcing of United States. objection, it is so ordered. American jobs. Currently, American Under this simple idea, the Patriot AMENDMENT NO. 1422 companies that ship jobs to foreign Corporation Act, companies that do There will now be 2 minutes of debate countries can still claim massive tax the right thing—companies that pay equally divided prior to a vote in rela- breaks. That is wrong, and we should their workers decent wages; companies tion to Portman amendment No. 1422. claw back incentives and prohibit com- that do the right thing by their work- The Senator from Ohio. panies from receiving tax breaks for ers in terms of benefits, healthcare, Mr. PORTMAN. Mr. President, I rise outsourcing jobs. and pensions; companies that make to speak on amendment No. 1422, which My end outsourcing amendment is their products and keep their produc- is a commonsense and, up to now, bi- common sense for taxpayers, sup- tion in the United States—will get a partisan approach to international tax porting companies that invest in Amer- tax break. They will pay a lower tax reform. It simply says that under this ican workers, not those shipping jobs rate. budget we would do international tax to foreign countries. I urge all of my Yesterday at the White House, about reform. It would create incentives to colleagues to support this amendment. 15 Senators met with President Trump. have more jobs here in this country. Mr. President, I yield back. I talked to him about the Patriot Cor- Those are incentives for both U.S. com- The PRESIDING OFFICER. Who poration Act. He said he likes the idea. panies and foreign companies to create yields time? It is about time that U.S. companies jobs here in America. If no one yields time, the question is that do the right thing should be re- This is not a partisan issue; it has on agreeing to the amendment, as warded instead of those companies that been bipartisan. In fact, it was part of modified. shut down production and move over- the Simpson-Bowles provisions with re- The amendment (No. 1234), as modi- seas and sell their products back. It is gard to tax reform. Only a couple of fied, was agreed to. the right thing to do. It is a simple years ago, I cochaired a working group AMENDMENT NO. 1378 TO AMENDMENT NO. 1116 idea. Its time has come, Mr. President. on this issue with the now minority The PRESIDING OFFICER. There The PRESIDING OFFICER. The Sen- leader, Senator SCHUMER, where we will now be 2 minutes of debate, equal- ator from Wyoming.

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.020 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6621 Mr. ENZI. Mr. President, I urge my Sullivan Tillis Wicker deficit for fiscal year 2018 by not less than colleagues to oppose this amendment. Thune Toomey Young $16,900,000,000. The budget resolution’s reconciliation NOT VOTING—2 (h) COMMITTEE ON THE JUDICIARY.—The Committee on the Judiciary of the Senate instruction to the Finance Committee Cochran Menendez shall report changes in laws within its juris- does not and should not specify the The amendment (No. 1378) was re- diction that reduce the deficit for fiscal year policies or provisions that are being re- jected. 2018 by not less than $21,720,000,000. ported out of the Budget Committee The PRESIDING OFFICER. The Sen- (i) COMMITTEE ON VETERANS’ AFFAIRS.—The resolution. The Finance framework in- ator from Wyoming. Committee on Veterans’ Affairs of the Sen- ate shall report changes in laws within its cludes international tax reform that AMENDMENTS NOS. 1296 AND 1375 TO AMENDMENT will incentivize companies to invest jurisdiction that reduce the deficit for fiscal NO. 1116 year 2018 by not less than $480,000,000. domestically and create jobs in the Mr. ENZI. Mr. President, I ask unani- (j) SUBMISSIONS.—In the Senate, not later United States. But this amendment de- mous consent that the following than November 13, 2017, the Committees fines ‘‘patriot employers’’ with a long amendments be called up en bloc and named in subsections (a) through (i) shall list of criteria and pinpoints tax breaks reported by number: Paul No. 1296 and submit their recommendations to the Com- for these companies. ‘‘Patriot employ- Cardin No. 1375. mittee on the Budget of the Senate. Upon re- ers’’ should not be defined by the budg- I further ask unanimous consent that ceiving such recommendations, the Com- mittee on the Budget of the Senate shall re- et process or by politics but by those the Senate vote in relation to these that allow our constituents to join and port to the Senate a reconciliation bill car- amendments in the order listed; that rying out all such recommendations without remain in the workforce so as to par- there be no second-degree amendments any substantive revision. ticipate in the American dream. in order to the amendments prior to AMENDMENT NO. 1375 American companies will be able to the votes; finally, that there be 2 min- (Purpose: To create a point of order against create additional jobs based on tax re- utes, equally divided between the man- legislation that includes deficit-financed lief envisioned by the Finance Com- agers or their designees, prior to each tax cuts) mittee. As such, we should pass the vote, and that all votes in this series be At the end of title IV, add the following: resolution and reconciliation in a time- 10 minutes in length. SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- ly manner, and we should oppose this The PRESIDING OFFICER. Is there TION THAT INCLUDES DEFICIT-FI- amendment. objection? NANCED TAX CUTS. The PRESIDING OFFICER. The (a) POINT OF ORDER.—It shall not be in Without objection, it is so ordered. order in the Senate to consider any bill, question is on agreeing to the amend- The clerk will report the amend- joint resolution, motion, amendment, ment. ments en bloc by number. amendment between the Houses, or con- Mr. BROWN. I ask for the yeas and The bill clerk read as follows: ference report that includes tax cuts and nays. The Senator from Wyoming [Mr. ENZI], for would cause or increase a deficit or reduce a The PRESIDING OFFICER. Is there a others, proposes amendments numbered 1296 surplus. sufficient second? and 1375 en bloc to amendment No. 1116. (b) WAIVER AND APPEAL.—Subsection (a) There appears to be a sufficient sec- The amendments are as follows: may be waived or suspended in the Senate only by an affirmative vote of three-fifths of ond. AMENDMENT NO. 1296 the Members, duly chosen and sworn. An af- The clerk will call the roll. (Purpose: To modify reconciliation firmative vote of three-fifths of the Members The legislative clerk called the roll. instructions to reduce the deficit) of the Senate, duly chosen and sworn, shall Mr. CORNYN. The following Senator Strike section 2001 and insert the fol- be required to sustain an appeal of the ruling is necessarily absent: the Senator from lowing: of the Chair on a point of order raised under Mississippi (Mr. COCHRAN). SEC. 2001. RECONCILIATION IN THE SENATE. subsection (a). Mr. DURBIN. I announce that the (a) COMMITTEE ON AGRICULTURE.—The Com- AMENDMENT NO. 1296 Senator from New Jersey (Mr. MENEN- mittee on Agriculture of the Senate shall re- The PRESIDING OFFICER. There DEZ) is necessarily absent. port changes in laws within its jurisdiction will now be 2 minutes of debate equally The PRESIDING OFFICER. Are there that reduce the deficit for fiscal year 2018 by divided prior to a vote in relation to not less than $4,800,000,000. any other Senators in the Chamber de- Paul amendment No. 1296. (b) COMMITTEE ON ARMED SERVICES.—The siring to vote? The Senator from Kentucky. Committee on Armed Services of the Senate Mr. PAUL. Mr. President, this The result was announced—yeas 47, shall report changes in laws within its juris- nays 51, as follows: diction that reduce the deficit for fiscal year amendment is about whether or not we are serious about the debt. In the cur- [Rollcall Vote No. 232 Leg.] 2018 by not less than $480,000,000. (c) COMMITTEE ON HEALTH, EDUCATION, rent budget, there are instructions to YEAS—47 LABOR, AND PENSIONS.—The Committee on reduce the debt by $96 billion in man- Baldwin Gillibrand Nelson Health, Education, Labor, and Pensions of datory spending. I applaud that, but we Bennet Harris Peters the Senate shall report changes in laws with- Blumenthal Hassan need budget reconciliation instructions Reed in its jurisdiction that reduce the deficit for Booker Heinrich to allow it to happen. This amendment Sanders fiscal year 2018 by not less than $9,660,000,000. Brown Heitkamp Schatz will allow instructions so we can really (d) COMMITTEE ON ENERGY AND NATURAL Cantwell Hirono Schumer Cardin Kaine RESOURCES .—The Committee on Energy and do what we say we are going to do, Shaheen which is to cut spending. Carper King Stabenow Natural Resources of the Senate shall report Casey Klobuchar Tester changes in laws within its jurisdiction that I think, in light of the fact that we Coons Leahy Udall reduce the deficit for fiscal year 2018 by not are for tax cuts, we ought to also be for Cortez Masto Manchin Van Hollen less than $12,070,000,000. Donnelly Markey reducing spending so we don’t explode Duckworth McCaskill Warner (e) COMMITTEE ON FINANCE.—The Com- the debt. Durbin Merkley Warren mittee on Finance of the Senate shall report I recommend a ‘‘yes’’ vote on rec- Whitehouse Feinstein Murphy changes in laws within its jurisdiction that— onciliation instructions to allow for Franken Murray Wyden (1) reduce new budget authority for fiscal year 2018 by not less than $25,100,000,000; and mandatory savings and spending. NAYS—51 (2) that increase the deficit by not more The PRESIDING OFFICER. The Sen- Alexander Ernst McCain than $1,500,000,000,000 for the period of fiscal ator from Vermont. Barrasso Fischer McConnell years 2018 through 2027. Mr. SANDERS. Mr. President, I rise Blunt Flake Moran in strong opposition to the Paul Boozman Gardner Murkowski (f) COMMITTEE ON BANKING, HOUSING, AND Burr Graham Paul URBAN AFFAIRS.—The Committee on Bank- amendment. This amendment includes Capito Grassley Perdue ing, Housing, and Urban Affairs of the Sen- reconciliation instructions to cut near- Cassidy Hatch Portman ate shall report changes in laws within its ly $100 billion in programs that are Collins Heller Risch jurisdiction that reduce the deficit for fiscal vital to working families in this coun- Corker Hoeven Roberts year 2018 by not less than $6,760,000,000. Cornyn Inhofe Rounds try, including education, healthcare, (g) COMMITTEE ON HOMELAND SECURITY AND Cotton Isakson Rubio GOVERNMENTAL AFFAIRS.—The Committee on nutrition, affordable housing, and Crapo Johnson Sasse many, many other programs. Cruz Kennedy Scott Homeland Security and Governmental Af- Daines Lankford Shelby fairs of the Senate shall report changes in This amendment paves the way to Enzi Lee Strange laws within its jurisdiction that reduce the make it easier to cut Medicare by over

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.046 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6622 CONGRESSIONAL RECORD — SENATE October 19, 2017 $400 billion and Medicaid by over $1 with the tax reform reported back from Murphy Schatz Van Hollen trillion over the next decade in order the committee, then vote for this Murray Schumer Warner Nelson Shaheen Warren to provide almost $2 trillion in tax cuts amendment or, if necessary, vote for Peters Stabenow Whitehouse to the top 1 percent. waiving the point of order that may be Reed Tester Wyden This amendment should be defeated. raised. Sanders Udall The PRESIDING OFFICER. The I urge my colleagues, if you are seri- NAYS—52 question is on agreeing to the amend- ous about the deficit, we shouldn’t be Alexander Flake Perdue ment. passing legislation that increases it. Barrasso Gardner Portman Mr. PAUL. I ask for the yeas and Mr. President, I reserve the remain- Blunt Graham Risch Boozman Grassley nays. der of my time. Roberts Burr Hatch Rounds The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- Capito Heller Rubio sufficient second? ator from Wyoming. Cassidy Hoeven Sasse There appears to be a sufficient sec- Cochran Inhofe Scott Mr. ENZI. Mr. President, I urge my Collins Isakson Shelby ond. colleagues to oppose this amendment. Corker Johnson Strange The clerk will call the roll. Cornyn Kennedy Budget rules don’t accommodate cur- Sullivan The legislative clerk called the roll. rent tax policy. This means at least Cotton Lankford Crapo Lee Thune Mr. CORNYN. The following Senator $460 billion of scored revenue loss can Cruz McCain Tillis is necessarily absent: the Senator from be attributed to the difference between Daines McConnell Toomey Mississippi (Mr. COCHRAN). a current law baseline and a current Enzi Moran Wicker Mr. DURBIN. I announce that the Ernst Murkowski Young policy baseline. Many of the tax ex- Fischer Paul Senator from New Jersey (Mr. MENEN- tenders covered by this amount are DEZ) is necessarily absent. popular and are supported on a bipar- NOT VOTING—1 The PRESIDING OFFICER (Mr. tisan basis. Menendez BLUNT). Are there any other Senators This amendment is corrosive to the The PRESIDING OFFICER. On this in the Chamber desiring to vote? budget resolution’s privilege. It falls vote, the yeas are 47, the nays are 52. The result was announced—yeas 4, outside the scope of what is appro- Three-fifths of the Senators duly cho- nays 94, as follows: priate for inclusion. Adoption of corro- sen and sworn not having voted in the [Rollcall Vote No. 233 Leg.] sive amendments could be fatal to the affirmative, the motion is rejected. YEAS—4 resolution’s privilege, and loss of privi- The point of order is sustained and Flake Lee lege could compromise our ability to the amendment falls. Lankford Paul pass tax reform and to enforce the The Senator from Wyoming. NAYS—94 budget spending limits. AMENDMENTS NOS. 1298, 1430, AND 1277 TO Further, this amendment is also non- AMENDMENT NO 1116 Alexander Franken Perdue . Baldwin Gardner Peters germane. The Congressional Budget Mr. ENZI. Mr. President, I ask unani- Barrasso Gillibrand Portman Act requires that amendments to a mous consent that the following Bennet Graham Reed budget resolution be germane—a statu- Blumenthal amendments be called up en bloc and Grassley Risch tory regulation we can’t ignore. Blunt Harris Roberts reported by number: Paul No. 1298, Lee Booker Hassan Rounds So I raise a point of order against No. 1430, and Paul No. 1277. Boozman Hatch Rubio this amendment under the Budget I further ask unanimous consent that Brown Heinrich Sanders Burr Heitkamp Act’s section 305(b)(2). the Senate now vote in relation to the Sasse Cantwell Heller The PRESIDING OFFICER. The Sen- Kaine amendment No. 1249 and that Capito Hirono Schatz ator from Maryland. Schumer following disposition of the Kaine Cardin Hoeven Mr. CARDIN. Mr. President, what the Carper Inhofe Scott amendment, the Senate vote in rela- Casey Isakson Shaheen chairman is saying is, basically, the tion to the above amendments in the Cassidy Johnson Shelby process will be used in order to add to order listed; finally, that there be 2 Collins Kaine Stabenow the deficit. Therefore, pursuant to sec- minutes equally divided between the Coons Kennedy Strange Corker King Sullivan tion 904 of the Congressional Budget managers or their designees prior to all Cornyn Klobuchar Tester Act of 1974, I move to waive section further votes tonight and that they be Cortez Masto Leahy Thune 305(b) of that act for purposes of the 10 minutes in length. Cotton Manchin Tillis pending amendment, and I ask for the Crapo Markey The PRESIDING OFFICER. Is there Toomey yeas and nays. Cruz McCain Udall objection? Daines McCaskill Van Hollen The PRESIDING OFFICER. Is there a Without objection, it is so ordered. Donnelly McConnell Warner sufficient second? Mr. ENZI. The next four votes will be Duckworth Merkley Warren Durbin Moran There appears to be a sufficient sec- on the Kaine amendment No. 1249, the Whitehouse Enzi Murkowski ond. Paul amendment No. 1298, the Lee Wicker Ernst Murphy Wyden The question is on agreeing to the amendment No. 1430, and the Paul Feinstein Murray motion. Fischer Nelson Young amendment No. 1277. The clerk will call the roll. The PRESIDING OFFICER. The NOT VOTING—2 The bill clerk called the roll. clerk will report the amendments en Cochran Menendez Mr. DURBIN. I announce that the bloc by number. The amendment (No. 1296) was re- Senator from New Jersey (Mr. MENEN- The bill clerk read as follows: jected. DEZ) is necessarily absent. The Senator from Wyoming [Mr. ENZI], for AMENDMENT NO. 1375 The PRESIDING OFFICER. Are there others, proposes amendments numbered 1298, The PRESIDING OFFICER. There any other Senators in the Chamber de- 1430, and 1277 en bloc to amendment No. 1116. will now be 2 minutes of debate, equal- siring to vote? The amendments are as follows: ly divided, prior to a vote in relation to The yeas and nays resulted—yeas 47, AMENDMENT NO. 1298 Cardin amendment No. 1375. nays 52, as follows: (Purpose: To reduce discretionary spending The Senator from Maryland. [Rollcall Vote No. 234 Leg.] by $43,000,000,000) Mr. CARDIN. Mr. President, this YEAS—47 On page 4, line 25, decrease the amount by amendment is very simple. It allows a Baldwin Cortez Masto Heitkamp $43,000,000,000. point of order to be raised if the tax re- Bennet Donnelly Hirono On page 5, line 13, decrease the amount by Blumenthal Duckworth Kaine $35,948,000,000. form reported back to the floor by the Booker Durbin King committee increases the deficit. It is On page 5, line 14, increase the amount by Brown Feinstein Klobuchar $33,550,000,000. Cantwell Franken Leahy as simple as that. Do you believe we On page 5, line 15, decrease the amount by should act on tax reform that increases Cardin Gillibrand Manchin Carper Harris Markey $86,000,000. the deficit? If you agree with me that Casey Hassan McCaskill On page 6, line 1, decrease the amount by we should not be increasing the deficit Coons Heinrich Merkley $35,260,000,000.

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.048 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6623 On page 6, line 2, decrease the amount by sional Budget Office score for reconcili- [Rollcall Vote No. 235 Leg.] $6,450,000,000. ation legislation 28 hours in advance of YEAS—48 On page 6, line 3, decrease the amount by voting on the legislation. There are ob- $860,000,000. Baldwin Franken Murray Bennet Gillibrand Nelson On page 6, line 15, decrease the amount by vious benefits to the Members who are voting and obvious benefits to the Blumenthal Harris Peters $35,260,000,000. Booker Hassan Reed On page 6, line 16, decrease the amount by American public. Brown Heinrich Sanders $6,450,000,000. The budget resolution before us from Cantwell Heitkamp Schatz On page 6, line 17, decrease the amount by committee repeals that requirement. Cardin Hirono Schumer $860,000,000. The majority has argued that it is un- Carper Kaine Shaheen Casey King Stabenow On page 7, line 3, decrease the amount by necessary because the requirement has $35,260,000,000. Collins Klobuchar Tester never been triggered. But I remember Coons Leahy Udall On page 7, line 4, decrease the amount by that just a couple of months ago, the Cortez Masto Manchin Van Hollen $6,450,000,000. Donnelly Markey Warner On page 7, line 5, decrease the amount by Senate was debating healthcare legis- Duckworth McCaskill Warren $860,000,000. lation that hadn’t seen the light of day Durbin Merkley Whitehouse On page 37, line 19, decrease the amount by and didn’t have a CBO score. Feinstein Murphy Wyden $43,000,000,000. Do we really believe the answer to NAYS—51 On page 37, line 20, decrease the amount by our problem is to make it easier to Alexander Flake Paul $35,260,000,000. pass legislation without knowing the On page 37, line 24, decrease the amount by Barrasso Gardner Perdue Blunt Graham Portman $6,450,000,000. cost? I think the 28-hour requirement is worthy, it should be continued, and I Boozman Grassley Risch On page 38, line 3, decrease the amount by Burr Hatch Roberts $860,000,000. think it should be extended to include Capito Heller Rounds AMENDMENT NO. 1430 amendments in the nature of a sub- Cassidy Hoeven Rubio Cochran Inhofe Sasse (Purpose: To expand the deficit-neutral re- stitute. I ask all my colleagues to support Corker Isakson Scott serve fund relating to the repeal of provi- Cornyn Johnson Shelby sions of title I of the Patient Protection transparency and not embarrass the in- Cotton Kennedy Strange and Affordable Care Act) stitution by enabling us to more easily Crapo Lankford Sullivan On page 49, line 5, insert ‘‘, which may in- pass important legislation without the Cruz Lee Thune clude nullification of any regulations pro- Daines McCain Tillis public knowing the score. Enzi McConnell Toomey mulgated under title I of the Patient Protec- The PRESIDING OFFICER. The Sen- Ernst Moran Wicker tion and Affordable Care Act (including any ator’s time has expired. Fischer Murkowski Young amendment made by such title)’’ before ‘‘by The Senator from Wyoming. NOT VOTING—1 the’’. Mr. ENZI. Mr. President, I urge my AMENDMENT NO. 1277 colleagues to oppose this amendment. Menendez (Purpose: To provide for reconciliation in- The congressional budget clearly em- The amendment (No. 1249) was re- structions to the relevant committees for powers the Budget Committee chair as jected. the purpose of repealing and replacing the scorekeeper. Since becoming chairman AMENDMENT NO. 1298 Patient Protection and Affordable Care in 2015, I am pleased to say that the Act) The PRESIDING OFFICER. There Budget Committee has always dis- will now be 2 minutes of debate, equal- In section 2001, strike subsection (c) and charged its responsibilities with scores insert the following: ly divided, prior to a vote in relation to (c) COMMITTEE ON HEALTH, EDUCATION, in hand, proving our important work Paul amendment No. 1298. LABOR, AND PENSIONS.—The Committee on and function without this amendment. The Senator from Kentucky. Health, Education, Labor, and Pensions of In fact, the 28-hour rule is a recent cre- Mr. PAUL. Mr. President, this the Senate shall report changes in laws with- ation, and its repeal shows no devi- amendment is about the debt. We have in its jurisdiction to reduce the deficit by ation from Senate practice. It would a $20 trillion debt. It is about whether not less than $1,000,000 for the period of fiscal require 28 hours on every amendment. we are serious about tackling that years 2018 through 2027. It is also important to note that a debt. The budget before us exceeds our (d) COMMITTEE ON THE JUDICIARY.—The budget resolution is not a law. Because Committee on the Judiciary of the Senate own spending caps by $43 billion. shall report changes in laws within its juris- it is not a law, it cannot supersede or You will be told that technically that diction to reduce the deficit by not less than replace any statutory provisions. The is not so because we hide the money by $1,000,000 for the period of fiscal years 2018 Congressional Budget Act is a law and sticking it in an account we call the through 2027. sets forth the rules that the congres- Overseas Contingency Operations. Over (e) COMMITTEE ON HOMELAND SECURITY AND sional budget must follow. the past 3 years, we have spent more GOVERNMENTAL AFFAIRS.—The Committee on The proposed amendment attempts than $1.7 trillion in this account, but Homeland Security and Governmental Af- to make a significant change to section we don’t account for it, and we don’t fairs of the Senate shall report changes in 402 of the Congressional Budget Act, budget for it. What I am asking us to laws within its jurisdiction to reduce the def- which should be accomplished through icit by not less than $1,000,000 for the period do is to be responsible, budget for this, of fiscal years 2018 through 2027. regular order legislation which the stay within our self-imposed caps, and (f) SUBMISSIONS.—In the Senate, not later President signs. actually act as though we really be- than November 13, 2017, the Committees I urge my colleagues to oppose this lieve in what we say—that the debt is named in subsections (a) through (e) shall amendment. a problem. submit their recommendations to the Com- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- mittee on the Budget of the Senate. Upon re- question is on agreeing to the amend- ceiving such recommendations, the Com- ator from Wyoming. ment. Mr. ENZI. Mr. President, I urge my mittee on the Budget of the Senate shall re- Mr. ENZI. Mr. President, I ask for colleagues to oppose this amendment. port to the Senate a reconciliation bill car- the yeas and nays. The amendment seeks to reduce discre- rying out all such recommendations without The PRESIDING OFFICER. Is there a any substantive revision. tionary appropriations this fiscal year The PRESIDING OFFICER. The Sen- sufficient second? There appears to be a sufficient sec- by $43 billion. As Members are aware, ator from Virginia. ond. the resolution’s discretionary figures AMENDMENT NO. 1249 The clerk will call the roll. for this fiscal year are fully consistent Mr. KAINE. Mr. President, I call up The bill clerk called the roll. with the Budget Control Act spending amendment No. 1249. Mr. DURBIN. I announce that the limits. If they weren’t, then the resolu- The PRESIDING OFFICER. The Senator from New Jersey (Mr. MENEN- tion would be subject to a 60-vote point amendment is pending. DEZ) is necessarily absent. of order. Mr. KAINE. The amendment is a sim- The PRESIDING OFFICER (Mr. This year’s resolution also includes ple amendment, folks. It is about YOUNG). Are there any other Senators Overseas Contingency Operations fund- transparency. Two years ago, the Sen- in the Chamber desiring to vote? ing at $77 billion. This amount is equal ate passed a budget that added a lauda- The result was announced—yeas 48, to the President’s request and is allow- tory requirement to have a Congres- nays 51, as follows: able under the Budget Control Act. The

VerDate Sep 11 2014 04:16 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.031 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6624 CONGRESSIONAL RECORD — SENATE October 19, 2017 members of the Budget Committee partisan budget deal. In speech after miums in the individual market to worked hard to craft a resolution with speech we have heard about the dev- spike an astounding 105 percent, and a levels that would put us on a better fis- astating consequences that sequester study by Milliman showed that the cal path, with $5.1 trillion in spending has on both defense and nondefense guaranteed issue regulation alone reductions over the next 10 years. The programs. If we are going to finish this caused health insurance premiums to resolution already contains ample re- year’s appropriations process, we need rise by an average of 45 percent. This straint to both discretionary and man- a bipartisan budget deal based on par- amounts to $106 per month. That is datory spending. ity that provides us relief from seques- thousands of dollars per year for work- As the Appropriations Committee ter. This amendment takes us in the ing families. That is money that they has reported many of its bills already, opposite direction. I urge a ‘‘no’’ vote. could be spending on groceries, on this amendment could be detrimental The PRESIDING OFFICER. Time has housing, on braces, or on their child’s to the appropriations process as it expired. education. stands today and the allocation this The question is on agreeing to the Congress has done very little in the resolution will provide. amendment. last few years to alleviate the burdens I urge my colleagues to oppose this Mr. PAUL. I ask for the yeas and faced by these working class families. I amendment. nays. urge my colleagues to act now by sup- The PRESIDING OFFICER. Is there a Mr. LEAHY. Mr. President, I ask porting this amendment. sufficient second? unanimous consent to speak for 1 The PRESIDING OFFICER. The Sen- minute. There appears to be a sufficient sec- ator from Washington. The PRESIDING OFFICER. Is there ond. objection? The clerk will call the roll. Mrs. MURRAY. Mr. President, Re- Without objection, it is so ordered. The result was announced—yeas 5, publicans have now put forward pro- Mr. LEAHY. Mr. President, I agree nays 95, as follows: posal after proposal to rip protections with my colleague that there are no [Rollcall Vote No. 236 Leg.] away from Americans with preexisting recommendations on where these cuts YEAS—5 conditions. This amendment is yet an- are coming from. Do they come from Daines Lankford Paul other example of Republican efforts to the programs that support our Nation’s Flake Lee increase costs for people who need veterans, from the National Institutes NAYS—95 healthcare the most. It would put in- surance companies back in charge. It of Health—the cutting-edge cancer re- Alexander Franken Nelson search it conducts? You can’t turn re- Baldwin Gardner Perdue would allow them to deny coverage to search on and off. Scientists don’t hit Barrasso Gillibrand Peters people with preexisting conditions or pause. Bennet Graham Portman discriminate against them by charging Does it come from our transportation Blumenthal Grassley Reed higher premiums. Blunt Harris Risch and infrastructure? If we really want Booker Hassan Roberts This repeals the essential health ben- to make these cuts—and this, of Boozman Hatch Rounds efits, rips away access to critical serv- course, would take us well below the Brown Heinrich Rubio ices like maternity care, mental Burr Heitkamp Sanders postsequester budget caps that are al- Cantwell Heller health, and substance use disorder Sasse ready $43 billion. If we want to make Capito Hirono treatment, and repeals the requirement Schatz Cardin Hoeven cuts, have the courage to stand up and Schumer that coverage be available to depend- Carper Inhofe say ‘‘This is the program I want to Scott Casey Isakson ents under the age of 26. Shaheen cut’’—not do something like this, Cassidy Johnson Americans have rejected this crass where we don’t know if the cut will be Cochran Kaine Shelby partisan proposal. It is long past time Stabenow for veterans, education, cancer re- Collins Kennedy to focus on bipartisan proposals like Coons King Strange search, or anything else. Corker Klobuchar Sullivan the one that Senator ALEXANDER and I I oppose the amendment. Cornyn Leahy Tester announced today that actually pro- To reiterate, I oppose the Paul Cortez Masto Manchin Thune tects people with preexisting condi- amendment and urge others to do the Cotton Markey Tillis Crapo McCain Toomey tions while bringing down premiums same. The Paul amendment appears to Cruz McCaskill Udall for patients and family. mandate a cut of $43 billion from non- Donnelly McConnell Van Hollen I urge a ‘‘no’’ vote. defense discretionary programs in fis- Duckworth Menendez Warner Mr. LEE. Mr. President, I ask unani- cal year 2018. This is an 8-percent cut Durbin Merkley Warren Enzi Moran Whitehouse mous consent to speak for 10 seconds. to the fiscal year 2018 postsequester Ernst Murkowski Wicker Mrs. MURRAY. I object. budget caps, which are already $3 bil- Feinstein Murphy Wyden The PRESIDING OFFICER. Objec- lion below last year’s levels. It could Fischer Murray Young tion is heard. impact defense as well. The amendment (No. 1298) was re- Mr. LEE. I ask for the yeas and nays. Of course, Senator PAUL provides no jected. The PRESIDING OFFICER. Is there a recommendations on who he wants to AMENDMENT NO. 1430 sufficient second? hurt. Should it come from programs The PRESIDING OFFICER. There There appears to be a sufficient sec- that support our Nation’s veterans? will now be 2 minutes of debate, equal- ond. Should it come from the National In- ly divided, prior to a vote in relation to The question is on agreeing to the stitutes of Health and the cutting-edge Lee amendment No. 1430. amendment. cancer research it conducts? You can- The Senator from Utah. The clerk will call the roll. not just turn research on and off. Sci- Mr. LEE. Mr. President, I am offering The assistant bill clerk called the entists do not hit pause. What if we amendment No. 1430 to repeal roll. take it from transportation and infra- ObamaCare regulations that are wreak- Mr. CORNYN. The following Senator structure programs that help repair ing havoc on our health insurance mar- is necessarily absent: the Senator from our Nation’s failing roads and bridges? ket. Healthcare costs are rising dra- Mississippi (Mr. COCHRAN). If those are unacceptable, perhaps we matically, unsustainably, and The PRESIDING OFFICER. Are there should cut or eliminate programs that unaffordably. any other Senators in the Chamber de- assist our Nation’s farmers or help pro- Healthcare costs are rising as a re- siring to vote? mote economic growth in rural com- sult of ObamaCare’s despotic regime of The result was announced—yeas 32, munities. I think we can all agree that aggressive healthcare regulations. nays 67, as follows: is not going to happen. It should not Countless working families are tread- happen. We should be investing in our ing water just to try to stay afloat. A [Rollcall Vote No. 237 Leg.] communities to make sure they have good chunk of these costs also can be YEAS—32 the tools they need to grow and flour- pinned directly on the burdensome Barrasso Crapo Hatch Boozman Cruz Heller ish, not deserting them. ObamaCare regulations. Corker Daines Hoeven Members on both sides of the aisle According to one HHS study, Cornyn Flake Inhofe have been calling for months for a bi- ObamaCare regulations caused pre- Cotton Graham Johnson

VerDate Sep 11 2014 05:00 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.053 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6625 Kennedy Perdue Sullivan The PRESIDING OFFICER. The The Senator from Wyoming [Mr. ENZI], for Lankford Risch Thune question is on agreeing to the amend- himself and others, proposes amendments Lee Roberts Toomey numbered 1553, 1428, 1404, 1429, 1552, 1301, 1561, McConnell Rubio ment. Wicker and 1167 en bloc to amendment No. 1116. Moran Sasse Young Mr. PAUL. Mr. President, I ask for Paul Scott the yeas and nays. The amendments are as follows: The PRESIDING OFFICER. Is there a NAYS—67 AMENDMENT NO. 1553 Alexander Fischer Murray sufficient second? Baldwin Franken Nelson There appears to be a sufficient sec- (Purpose: To establish a deficit-neutral re- Bennet Gardner Peters ond. serve fund relating to the provision of full, Blumenthal Gillibrand Portman The clerk will call the roll. permanent, and mandatory funding for the Blunt Grassley Reed The assistant bill clerk called the payment in lieu of taxes program) Booker Harris Rounds roll. At the end of title III, add the following: Brown Hassan Sanders Burr Heinrich Schatz Mr. CORNYN. The following Senator SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Cantwell Heitkamp Schumer is necessarily absent: the Senator from RELATING TO PROVIDING FULL, Capito Hirono Shaheen PERMANENT, AND MANDATORY Cardin Isakson Mississippi (Mr. COCHRAN). FUNDING FOR THE PAYMENT IN Carper Kaine Shelby The PRESIDING OFFICER. Are there LIEU OF TAXES PROGRAM. Casey King Stabenow any other Senators in the Chamber de- Cassidy Klobuchar Strange The Chairman of the Committee on the Tester siring to vote? Collins Leahy The result was announced—yeas 33, Budget of the Senate may revise the alloca- Coons Manchin Tillis tions of a committee or committees, aggre- Cortez Masto Markey Udall nays 66, as follows: gates, and other appropriate levels in this Van Hollen Donnelly McCain [Rollcall Vote No. 238 Leg.] resolution, and make adjustments to the Duckworth McCaskill Warner Durbin Menendez Warren YEAS—33 pay-as-you-go ledger, for one or more bills, Enzi Merkley Whitehouse Barrasso Gardner Portman joint resolutions, amendments, amendments Ernst Murkowski Wyden Boozman Grassley Risch between the Houses, motions, or conference Feinstein Murphy Burr Hatch Rounds reports relating to providing full, perma- Capito Heller Rubio nent, and mandatory funding for the pay- NOT VOTING—1 Cotton Hoeven Sasse ment in lieu of taxes program by the Cochran Crapo Inhofe Scott amounts provided in such legislation for Cruz Johnson Sullivan The amendment (No. 1430) was re- Daines Kennedy Thune those purposes, provided that such legisla- jected. Ernst Lankford Tillis tion would not increase the deficit over ei- Fischer Lee Wicker ther the period of the total of fiscal years AMENDMENT NO. 1277 Flake Paul Young 2018 through 2022 or the period of the total of The PRESIDING OFFICER. There NAYS—66 fiscal years 2018 through 2027. will now be 2 minutes of debate, equal- Alexander Franken Murphy AMENDMENT NO. 1428 ly divided, prior to a vote in relation to Baldwin Gillibrand Murray Paul amendment No. 1277. Bennet Graham Nelson (Purpose: To modify a deficit neutral reserve The Senator from Kentucky. Blumenthal Harris Perdue fund relating to public land and the envi- Blunt Hassan Peters ronment to address making payments Mr. PAUL. Mr. President, across the Booker Heinrich Reed under the payments in lieu of taxes pro- country, Republicans promised to re- Brown Heitkamp Roberts gram equivalent to the property tax rev- peal ObamaCare. They promised to re- Cantwell Hirono Sanders enue that would be due to a State or local peal all of ObamaCare, root and Cardin Isakson Schatz government if the State or local govern- Carper Kaine Schumer branch. Not one Republican promised Casey King Shaheen ment owned the land) to keep and block grant ObamaCare. Cassidy Klobuchar Shelby On page 57, line 19, insert ‘‘, including re- They promised to repeal ObamaCare. Collins Leahy Stabenow writing the formula for payments under the Coons Manchin Strange Tonight I present another chance. Corker Markey Tester program’’ after ‘‘program’’. My amendment will provide budget Cornyn McCain Toomey AMENDMENT NO. 1404 reconciliation instructions so Repub- Cortez Masto McCaskill Udall lican Senators can fulfill their prom- Donnelly McConnell Van Hollen (Purpose: To ensure that all Americans re- Duckworth Menendez Warner ise; so they can actually repeal ceive a tax cut, keeping more of their hard Durbin Merkley Warren earned money, and enjoy the benefit of tax ObamaCare, root and branch, as they Enzi Moran Whitehouse reform) promised. Feinstein Murkowski Wyden The PRESIDING OFFICER. The Sen- NOT VOTING—1 On page 47, line 6, strike ‘‘$1,500,000,000,000’’ and insert ‘‘$2,500,000,000,000’’. ator from Oregon. Cochran AMENDMENT NO. 1429 Mr. WYDEN. Mr. President, this The amendment (No. 1277) was re- amendment provides reconciliation in- jected. (Purpose: To establish a spending-neutral re- structions to three Senate committees The PRESIDING OFFICER. The Sen- serve fund relating to prohibiting Federal for the purpose of repealing and replac- ator from Wyoming. regulation of entirely intrastate species ing the Affordable Care Act; in effect, under the Endangered Species Act of 1973) AMENDMENTS NOS. 1553, 1428, 1404, 1429, 1552, 1301, rerunning the same bad movie the Sen- 1561, AND 1167 TO AMENDMENT NO. 1116 At the end of title III, add the following: ate has now seen three times. By now, Mr. ENZI. Mr. President, I ask unani- SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND Americans understand what these par- mous consent that the following RELATING TO CLARIFYING FEDERAL tisan Republican healthcare bills have amendments be called up en bloc and JURISDICTION IN RELATION TO INTRASTATE SPECIES. in store for the middle class: higher reported by number: Udall amendment premiums, worse healthcare, and a No. 1553, Lee amendment No. 1428, Paul The Chairman of the Committee on the safety net in tatters. Budget of the Senate may revise the alloca- amendment No. 1404, Lee amendment tions of a committee or committees, aggre- I will close by saying that there is No. 1429, Fischer amendment No. 1552, now a desire on both sides of the aisle gates, and other appropriate levels in this Cantwell amendment No. 1301, Enzi resolution, and make adjustments to the to set aside this my-way-or-the-high- amendment No. 1561, and Perdue- pay-as-you-go ledger, for one or more bills, way approach to governing. Bipartisan- Whitehouse amendment No. 1167. joint resolutions, amendments, amendments ship is about taking each other’s good I further ask unanimous consent that between the Houses, motions, or conference ideas, and I believe the Senate can the Senate now vote in relation to reports relating to prohibiting Federal regu- work together to lower people’s pre- these amendments in the order listed. lation of entirely intrastate species under miums. The PRESIDING OFFICER. Is there the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) by the amounts provided in such This amendment is a vote to look for objection? more partisan ideological trophies legislation for those purposes, provided that Without objection, it is so ordered. such legislation would not raise new revenue when the Senate ought to be working The clerk will report the amend- and would not increase the deficit over ei- together to find common ground. ments en bloc by number. ther the period of the total of fiscal years I urge my colleagues to reject this The senior assistant legislative clerk 2018 through 2022 or the period of the total of amendment. read as follows: fiscal years 2018 through 2027.

VerDate Sep 11 2014 05:00 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.037 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6626 CONGRESSIONAL RECORD — SENATE October 19, 2017 AMENDMENT NO. 1552 we will do these 10-minute rollcall I urge my colleagues to oppose this (Purpose: To provide tax relief to American votes and wrap it up. amendment. workers, families, and job creators in a The PRESIDING OFFICER. The The PRESIDING OFFICER. The manner which maintains the progressivity Democratic leader. question is on agreeing to the amend- of the tax system by maintaining or rais- Mr. SCHUMER. Mr. President, I ment. ing the share of taxes paid by high income thank the majority leader. We com- Mr. UDALL. I ask for the yeas and taxpayers) pletely agree on this issue. We hope nays. At the end of title III, add the following: Members on both sides will stay in The PRESIDING OFFICER. Is there a SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND their seats so we can finish quickly, RELATING TO TAX REFORM WHICH sufficient second? MAINTAINS THE PROGRESSIVITY OF without going through the ridiculous There appears to be a sufficient sec- THE TAX SYSTEM. vote-arama that we have done in pre- ond. The Chairman of the Committee on the vious years. The clerk will call the roll. Budget of the Senate may revise the alloca- I yield the floor. The senior assistant legislative clerk tions of a committee or committees, aggre- AMENDMENT NO. 1553 called the roll. gates, and other appropriate levels in this Mr. CORNYN. The following Senator resolution, and make adjustments to the The PRESIDING OFFICER. There pay-as-you-go ledger, for one or more bills, will now be 2 minutes of debate, equal- is necessarily absent: the Senator from joint resolutions, amendments, amendments ly divided, prior to a vote in relation to Mississippi (Mr. COCHRAN). between the Houses, motions, or conference Udall amendment No. 1553. The PRESIDING OFFICER. Are there reports relating to changes in Federal tax The Senator from New Mexico. any other Senators in the Chamber de- laws, which may include tax reform pro- Mr. UDALL. Mr. President, this siring to vote? posals to ensure that the reformed tax code amendment calls for legislation to The result was announced—yeas 58, parallels the existing tax code with respect fully and permanently fund the Pay- nays 41, as follows: to relative burdens and does not shift the tax ment in Lieu of Taxes Program. Sen- burden from high-income to lower- and mid- [Rollcall Vote No. 239 Leg.] dle-income taxpayers, by the amounts pro- ator HEINRICH and I have long called YEAS—58 for this solution. Rural counties in vided in such legislation for those purposes, Baldwin Harris Murray provided that such legislation would not in- New Mexico and other States across Bennet Hassan Nelson crease the deficit over the period of the total the West and across the country have Blumenthal Hatch Peters of fiscal years 2018 through 2027. large amounts of Federal lands within Booker Heinrich Reed Brown Heitkamp Risch AMENDMENT NO. 1301 their boundaries. These counties rely Cantwell Heller Sanders (Purpose: To strike the reconciliation in- on funding from the PILT Program to Cardin Hirono Schatz structions for the Committee on Energy provide better schools, maintain roads Carper Kaine Schumer Casey King and Natural Resources of the Senate to and bridges, and support thousands of Shaheen Coons Klobuchar prevent oil and gas development within the Stabenow local jobs. Cortez Masto Leahy Arctic National Wildlife Refuge) We currently fund PILT year by Crapo Lee Sullivan In section 2001, strike subsection (b). year. I have fought for this funding as Daines Manchin Tester Donnelly Markey Udall AMENDMENT NO. 1561 a member of the Appropriations Com- Duckworth McCain Van Hollen (Purpose: To provide other enforcement mittee, but we need to do more. We Durbin McCaskill Warner provisions related to the House of Represent- need to pass permanent funding to en- Feinstein Menendez Warren atives.) sure that local communities can count Franken Merkley Whitehouse Gardner Murkowski Wyden (The amendment is printed in today’s on our resources being there every year Gillibrand Murphy RECORD under ‘‘Text of Amendments.’’) to provide basic services. I urge sup- NAYS—41 AMENDMENT NO. 1167 port for the Udall-Heinrich amendment and yield back. Alexander Fischer Portman (Purpose: To establish a deficit-neutral re- Barrasso Flake Roberts serve fund relating to significantly im- The PRESIDING OFFICER. Is there Blunt Graham Rounds proving the budget process) further debate? Boozman Grassley Rubio At the end of title III, add the following: The Senator from Wyoming. Burr Hoeven Sasse Mr. ENZI. Mr. President, I urge my Capito Inhofe Scott SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Cassidy Isakson RELATING TO SIGNIFICANTLY IM- colleagues to oppose this amendment, Shelby Collins Johnson Strange PROVING THE BUDGET PROCESS. reluctantly. I have always fought to Corker Kennedy Thune The Chairman of the Committee on the Cornyn Lankford make sure the rural communities can Tillis Budget of the Senate may revise the alloca- Cotton McConnell keep the lights on. Approximately half Toomey tions of a committee or committees, aggre- Cruz Moran of the land in my home State of Wyo- Enzi Paul Wicker gates, and other appropriate levels in this Young resolution, and make adjustments to the ming is under Federal control, and Ernst Perdue pay-as-you-go ledger, for one or more bills, counties, therefore, are unable to ob- NOT VOTING—1 joint resolutions, amendments, amendments tain property tax revenue from a large Cochran between the Houses, motions, or conference part of the State. reports relating to significantly improving Payment in lieu of taxes isn’t a give- The amendment (No. 1553) was agreed the budget process by the amounts provided away to these counties. It is compensa- to. in such legislation for those purposes, pro- tion for the money they lose because The PRESIDING OFFICER. The Sen- vided that such legislation would not in- ator from Wyoming. crease the deficit over either the period of they are unable to tax Federal lands within their borders, even though they Mr. ENZI. Mr. President, I request the total of fiscal years 2018 through 2022 or that everybody sit in their seat, and we the period of the total of fiscal years 2018 are required to provide services on 1 through 2027. those lands. However, this resolution could do these votes in 7 ⁄2 minutes. If Mr. ENZI. Mr. President, for the in- already has the reserved funds for the everybody wanders off and comes back formation of Senators, we expect to Payment in Lieu of Taxes Program. I in, we could be here half the night. have this series of votes and then move find this amendment to be duplicative There should only be about seven votes to passage of the resolution. That and unnecessary. Furthermore, the left, and some of those could be by means there are hopefully approxi- vote-arama isn’t the correct forum to voice vote, like the next one. mately eight votes left. Some of them contemplate making any program per- Mr. SCHUMER. Our side was in may be voice votes. manent and mandatory, even one I early. Mr. President, I yield to the leader. have long supported. Mr. ENZI. I appreciate the way those The PRESIDING OFFICER. The ma- I look forward to working with my on that side have taken their seats and jority leader. colleague from New Mexico and with voted. Mr. MCCONNELL. Mr. President, I other interested Members from West- AMENDMENT NO. 1428 say to colleagues, the consent agree- ern States on fiscally responsible legis- The PRESIDING OFFICER. There ment that was just entered allows us to lation to provide fairness and equity will now be 2 minutes of debate, equal- see the light at the end of the tunnel. for America’s rural counties and their ly divided, prior to a vote in relation to If Senators will stay in the Chamber, communities. Lee amendment No. 1428.

VerDate Sep 11 2014 05:25 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.043 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6627 The Senator from Utah. Flake Lee Sasse There appears to be a sufficient sec- Mr. LEE. Mr. President, I am offering Graham McConnell Scott ond. Grassley Moran Shelby this amendment to pay back western Hatch Murkowski Strange The clerk will call the roll. communities for the loss that occurs to Heller Paul Sullivan The senior assistant legislative clerk them as a result of the widespread own- Hoeven Perdue Thune called the roll. Inhofe Portman ership of Federal public land. Tillis The result was announced—yeas 7, Isakson Risch Toomey Johnson Roberts nays 93, as follows: As I have long stressed, Federal land Wicker Kennedy Rounds [Rollcall Vote No. 241 Leg.] is often a bad bargain for State and Young local governments, like those in Utah, Lankford Rubio YEAS—7 where almost two-thirds of the land is NAYS—50 Cruz Lee Sasse Baldwin Gillibrand Murray Daines Paul owned and controlled by the Federal Heller Perdue Government, thus prohibiting local Bennet Harris Nelson Blumenthal Hassan Peters NAYS—93 governments from taxing that land. Booker Heinrich Reed Not only does Federal ownership re- Brown Heitkamp Alexander Flake Murphy Sanders Baldwin Franken Murray duce economic opportunity on that Cantwell Hirono Schatz Cardin Kaine Barrasso Gardner Nelson land, not only does it rob local resi- Schumer Bennet Gillibrand Peters Carper King Shaheen dents of local control, but it also Casey Klobuchar Blumenthal Graham Portman Stabenow Coons Leahy Blunt Grassley Reed shrinks the property tax base that Tester Cortez Masto Manchin Booker Harris Risch Utahns rely on to fund essential com- Udall Daines Markey Boozman Hassan Roberts munity services. Duckworth McCain Van Hollen Brown Hatch Rounds The Payments in Lieu of Taxes Pro- Durbin McCaskill Warner Burr Heinrich Rubio Cantwell Heitkamp Sanders gram, or PILT, was designed to address Feinstein Menendez Warren Franken Merkley Whitehouse Capito Hirono Schatz this very inequity by paying States for Gardner Murphy Wyden Cardin Hoeven Schumer the property tax revenue they lost as a Carper Inhofe Scott The amendment (No. 1428) was re- Casey Isakson Shaheen result of Federal land ownership, but jected. Cassidy Johnson Shelby the current formula for PILT does not Cochran Kaine Stabenow AMENDMENT NO. 1404 adequately compensate local govern- Collins Kennedy Strange ments for this loss. In fact, it doesn’t The PRESIDING OFFICER (Mr. KEN- Coons King Sullivan NEDY). There will now be 2 minutes of Corker Klobuchar Tester even come close. My amendment offers debate, equally divided, prior to a vote Cornyn Lankford Thune these predominantly rural commu- Cortez Masto Leahy Tillis in relation to Paul amendment No. nities a revisited, revised, and im- Cotton Manchin Toomey 1404. proved PILT formula to compensate Crapo Markey Udall The Senator from Kentucky. Donnelly McCain Van Hollen them for these very losses. Mr. PAUL. Mr. President, rather Duckworth McCaskill Warner I encourage my colleagues to support than bicker over raising taxes on some Durbin McConnell Warren it, and I request a voice vote. Enzi Menendez Whitehouse people and lowering taxes on other peo- Ernst Merkley Wicker The PRESIDING OFFICER. The Sen- ple, we should cut everyone’s taxes to Feinstein Moran Wyden ator from Washington. make sure we get a middle-class tax Fischer Murkowski Young Ms. CANTWELL. Mr. President, cut across the board. The best way to The amendment (No. 1404) was re- there is wide support for PILT from do that is to give the tax committee a jected. both Democrats and Republicans, as mandate that is larger, a mandate for a AMENDMENT NO. 1429 witnessed by this last vote. What we bigger tax cut. The PRESIDING OFFICER. Under need to do now is to make sure that it My amendment provides budget rec- the previous order, there will now be 2 works fairly for counties and is not onciliation instructions to increase the minutes of debate, equally divided, done arbitrarily. tax cut to $2.5 trillion. If we were to be- prior to a vote in relation to Lee The CRS found that taking the ap- lieve this budget, it claims to save over amendment No. 1429. proach in Senator LEE’s amendment $6 trillion over 10 years—more than The Senator from Utah. would break the PILT Program. Not enough to go bigger, better, and bolder Mr. LEE. Mr. President, our con- only would calculating each county’s on cutting taxes. stitutional structure puts in place a payments be nearly impossible, the The PRESIDING OFFICER. The Sen- Federal Government with powers that program would not be fair. In fact, the ator from Vermont. James Madison described as ‘‘few and CRS cited a 2010 study that found that Mr. SANDERS. Mr. President, I rise defined’’ and those reserved to the the approach in Senator LEE’s amend- in strong opposition to the Paul States as ‘‘numerous and indefinite.’’ ment would result in two-thirds of all amendment. In the budget we are de- Among other things, the Constitution of the counties that receive PILT fund- bating today, my Republican col- gives powers to the Congress to regu- ing receiving lower payments than leagues have required the Finance late interstate commerce, trade or they do now. Committee to increase the deficit by commerce between the States, with I urge my colleagues to vote no. $1.5 trillion over the next decade. This foreign nations, and with Indian The PRESIDING OFFICER. The budget would pave the way for massive Tribes. It does not give the Congress question is on agreeing to the amend- cuts to Medicare and Medicaid in order the power to regulate any and every ment. to provide the wealthiest people in this activity occurring intrastate. Yet, for the last few decades, under the Endan- Mr. LEE. Mr. President, I ask for the country with incredibly large tax gered Species Act, this very power has yeas and nays. breaks. been abused to regulate species that The PRESIDING OFFICER. Is there a Senator PAUL thinks that doesn’t go exists only in one place, only within sufficient second? far enough. His amendment would one State, never crossing State lines, There appears to be a sufficient sec- allow the Senate to increase the deficit by $2.5 trillion, allowing for even great- never forming any part of any channel ond. or instrumentality of interstate com- The clerk will call the roll. er cuts to Medicare, to Medicaid, and even bigger tax breaks for the Koch merce. This is wrong, it is unconstitu- The legislative clerk called the roll. tional, and it eviscerates and cir- The result was announced—yeas 50, brothers and their friends. I urge a ‘‘no’’ vote on this amend- cumvents the meaning of the 10th nays 50, as follows: ment. Amendment. We need to liberate this [Rollcall Vote No. 240 Leg.] The PRESIDING OFFICER. The country from the dictates of a few bu- YEAS—50 question is on agreeing to the amend- reaucrats in Washington, DC, who have Alexander Cassidy Crapo ment. overextended their authority under the Barrasso Cochran Cruz Mr. PAUL. I ask for the yeas and Endangered Species Act. My amend- Blunt Collins Donnelly ment fixes that, and I urge my col- Boozman Corker Enzi nays. Burr Cornyn Ernst The PRESIDING OFFICER. Is there a leagues to support amendment No. Capito Cotton Fischer sufficient second? 1429.

VerDate Sep 11 2014 05:25 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.065 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6628 CONGRESSIONAL RECORD — SENATE October 19, 2017 The PRESIDING OFFICER. The Sen- The amendment (No. 1552) was agreed The clerk will call the roll. ator from Delaware. to. The senior assistant legislative clerk Mr. CARPER. Mr. President, I rise in AMENDMENT NO. 1301 called the roll. opposition to the amendment offered The PRESIDING OFFICER. Under The result was announced—yeas 48, by the Senator from Utah. the previous order, there will now be 2 nays 52, as follows: Why is this an important amendment minutes of debate, equally divided, [Rollcall Vote No. 243 Leg.] vote? Just listen to this. More than prior to a vote in relation to Cantwell YEAS—48 1,000 listed species, 77 percent of all amendment No. 1301. Baldwin Franken Murray listed species, including the polar bear, The Senator from Washington. Bennet Gillibrand Nelson the Florida panther are found in one Ms. CANTWELL. Mr. President, the Blumenthal Harris Peters State—one State. Seventy-seven per- Arctic National Wildlife Refuge is one Booker Hassan Reed cent of all listed species, including the Brown Heinrich Sanders of the most pristine areas of the United Cantwell Heitkamp Schatz polar bear, the Florida panther, and States, and we have been protecting it Cardin Hirono Schumer many more are found only in one for decades for a reason. The notion Carper Kaine Shaheen State, and for an island State like Ha- that tonight, after 60-plus years, we Casey King Stabenow Collins Klobuchar Tester waii, all of its species would lose pro- would give up what is a biologically Coons Leahy Udall tection. important area, that is a critical habi- Cortez Masto Markey Van Hollen I urge you to join me in opposing this tat for polar bears, a breeding ground Donnelly McCaskill Warner amendment. Duckworth Menendez Warren for caribou, migratory birds, and over Durbin Merkley Whitehouse The PRESIDING OFFICER. The 200 species—for what? For oil that we Feinstein Murphy Wyden question is on agreeing to the amend- don’t need. NAYS—52 ment. We have had record oil production in Mr. LEE. Mr. President, I ask for the the last 10 years—a 77-percent increase. Alexander Gardner Perdue yeas and nays. Barrasso Graham Portman The oil that we would get, we wouldn’t Blunt Grassley Risch The PRESIDING OFFICER. Is there a get until 10 years from now, and it Boozman Hatch Roberts sufficient second? would supply oil for only 1 year in the Burr Heller Rounds There appears to be a sufficient sec- Capito Hoeven Rubio United States. It is not worth it. Cassidy Inhofe ond. Sasse As Representative Mo Udall said in Cochran Isakson Scott The clerk will call the roll. Corker Johnson 1980: ‘‘If we have to drill at the White Shelby Cornyn Kennedy The legislative clerk called the roll. House or Arlington Cemetery or the Strange Cotton Lankford The result was announced—yeas 49, Sullivan Capitol grounds for oil, we might have Crapo Lee nays 51, as follows: to drill in the Arctic Refuge. But let us Cruz Manchin Thune [Rollcall Vote No. 242 Leg.] Daines McCain Tillis go there last.’’ Toomey YEAS—49 Enzi McConnell We don’t need this oil. We have plen- Ernst Moran Wicker Barrasso Graham Portman ty of supply. The Interior Secretary is Fischer Murkowski Young Blunt Grassley Risch trying to open a billion acres, includ- Flake Paul Boozman Hatch Roberts ing on-shore and outer continental Burr Heller Rounds The amendment (No. 1301) was re- Capito Hoeven Rubio shelf waters. Vote no and protect a jected. Cassidy Inhofe unique special place that has been pro- Sasse AMENDMENT NO. 1561 Cochran Isakson Scott tected for 60 years. Cornyn Johnson Shelby The PRESIDING OFFICER. Under Cotton Kennedy The PRESIDING OFFICER. The Sen- Strange the previous order, there will now be 2 Crapo Lankford ator from Alaska. Sullivan Cruz Lee minutes of debate, equally divided, Thune Ms. MURKOWSKI. Mr. President, I Daines McCain urge my colleagues to soundly reject prior to a vote in relation to Enzi Enzi McConnell Tillis amendment No. 1561. Toomey this amendment. Those who support Ernst Moran The Senator from Wyoming. Fischer Murkowski Wicker this amendment will deny us the op- Flake Paul Young portunity to do something constructive Mr. ENZI. Mr. President, first of all, Gardner Perdue in this country when it comes to our I want to thank everybody who has NAYS—51 opportunities to produce energy, to gotten us to this point. There is this vote, and I hope there will be one voice Alexander Feinstein Murphy produce wealth. Baldwin Franken Murray We need to be expanding our energy vote after it and then final passage. Bennet Gillibrand Nelson development in our Federal areas. This I am urging my colleagues to support Blumenthal Harris Peters this amendment. This amendment of- Booker Hassan Reed helps us reduce our deficit, build new Brown Heinrich Sanders wealth in this country, strengthen our fers technical and conforming changes Cantwell Heitkamp Schatz national security and our competitive- that are needed for the House of Rep- Cardin Hirono Schumer resentatives to be able to enforce the Carper Kaine Shaheen ness. We can and we must do more as a Casey King Stabenow nation to responsibly develop our re- budget resolution. This amendment Collins Klobuchar Tester sources, our energy resources providing will help maintain fiscal discipline in Coons Leahy Udall economic security, energy security, the House so both Chambers can con- Corker Manchin Van Hollen tinue to work and put America on a Cortez Masto Markey Warner and national security. The Energy Donnelly McCaskill Warren Committee is prepared to meet this in- more sustainable footing. What is also Duckworth Menendez Whitehouse struction to raise a billion dollars over important for my colleagues to know is Durbin Merkley Wyden the next decade. that these provisions apply to the The amendment (No. 1429) was re- I urge Senators to reject this amend- House only. The Senate enforcement jected. ment, which would deprive us of a sub- remains unchanged. VOTE ON AMENDMENT NO. 1552 stantial opportunity to benefit our I hope you will support me on this The PRESIDING OFFICER. Under country at the same time that we care amendment. the previous order, there will now be 2 for our environment. I yield the floor and reserve the re- minutes of debate, equally divided, Thank you. mainder of my time. prior to a vote in relation to Fischer The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- amendment No. 1552. question is on agreeing to the amend- ator from Vermont. Mr. ENZI. Mr. President, I yield back ment. Mr. SANDERS. Mr. President, Chair- all time and ask for a voice vote. Ms. CANTWELL. Mr. President, I ask man ENZI suggests that this is just a The PRESIDING OFFICER. Is there for the yeas and nays. ‘‘technical corrections amendment.’’ objection? The PRESIDING OFFICER. Is there a Actually, that is not quite accurate. Without objection, it is so ordered. sufficient second? At a time when the United States The question is on agreeing to the There appears to be a sufficient sec- spends more on defense than the next amendment. ond. 12 countries combined, amazingly, this

VerDate Sep 11 2014 05:25 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.067 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6629 amendment paves the way for a $91 bil- Mr. PERDUE. Mr. President, I have that as we do the provisions of this lion increase in defense spending in fis- great news. This is the last amendment after it is all voted on. cal year 2018. and the only bipartisan amendment to- I hope everybody will adopt the sub- This amendment would renew the Re- night, and after this we will vote on stitute by voice, and then vote on publican effort to repeal the Affordable the entire bill. adoption of the resolution. Care Act and throw up to 32 million The purpose of this amendment is to The PRESIDING OFFICER. Are there Americans off of the health insurance declare this process—the vote-arama— any further amendments? they currently have, increase pre- utter nonsense. It is part of a budget Seeing none, the question is on miums for older workers, and make process that both parties have per- agreeing to amendment No. 1116, as even more harmful cuts to Medicaid. petrated and persisted with for 43 amended. This amendment includes a provision years. It has only worked four times; The amendment (No. 1116) in the na- requiring the use of so-called dynamic to fund the Federal Government, ac- ture of a substitute, as amended, was scoring, or what President George H.W. cording to the Budget Act of 1974, four agreed to. Bush appropriately referred to as voo- times in our history. We are supposed The PRESIDING OFFICER. The doo economics, allowing the Repub- to appropriate 12 bills a year to fund question occurs on adoption of H. Con. licans to claim that their massive tax the Government. We have averaged 21⁄2. Res. 71, as amended. breaks for the rich will pay for them- I urge all of my colleagues to make Mr. ENZI. I ask for the yeas and selves. clear to the American people that we nays. At a time when the cost of college recognize this budgeting process is bro- The PRESIDING OFFICER. Is there a education is skyrocketing, this amend- ken and we are committed to fix it. sufficient second? ment calls for dramatic cuts to student Thank you. There appears to be a sufficient sec- financial aid. The PRESIDING OFFICER. The Sen- ond. I urge my colleagues to oppose this ator from Rhode Island. The clerk will call the roll. amendment. Mr. WHITEHOUSE. Mr. President, I The senior assistant legislative clerk The PRESIDING OFFICER. The am pleased to urge all of my colleagues called the roll. question is on agreeing to the amend- to give a strong bipartisan voice vote The result was announced—yeas 51, ment. in support of the amendment by the nays 49, as follows: Mr. ENZI. I ask for the yeas and Senator from Georgia. The current [Rollcall Vote No. 245 Leg.] nays. budget process does not produce a YEAS—51 meaningful budget, does not control The PRESIDING OFFICER. Is there a Alexander Fischer Murkowski sufficient second? the debt or the deficit, and does not Barrasso Flake Perdue There appears to be a sufficient sec- contribute to bipartisanship or com- Blunt Gardner Portman ond. promise. What it does produce is a Boozman Graham Risch meaningless, partisan vote-arama. If Burr Grassley Roberts The clerk will call the roll. Capito Hatch Rounds The legislative clerk called the roll. you believe we can do better than a Cassidy Heller Rubio The result was announced—yeas 52, vote-arama, if you believe we can have Cochran Hoeven Sasse nays 48, as follows: an improved and meaningful budget Collins Inhofe Scott Corker Isakson Shelby [Rollcall Vote No. 244 Leg.] process, voice vote aye. Cornyn Johnson Strange YEAS—52 The PRESIDING OFFICER. The Cotton Kennedy Sullivan question is on agreeing to the amend- Crapo Lankford Thune Alexander Flake Perdue ment. Cruz Lee Tillis Barrasso Gardner Portman Daines McCain Toomey Blunt Graham Risch The amendment (No. 1167) was agreed Enzi McConnell Wicker Boozman Grassley Roberts to. Ernst Moran Young Burr Hatch Rounds The PRESIDING OFFICER. The Sen- Capito Heller Rubio NAYS—49 Cassidy Hoeven ator from Wyoming. Sasse Baldwin Harris Paul Cochran Inhofe Mr. ENZI. Mr. President, I know of Scott Bennet Hassan Peters Collins Isakson Shelby no further amendments to the resolu- Blumenthal Heinrich Corker Johnson Reed Strange tion. Booker Heitkamp Cornyn Kennedy Sanders Sullivan Brown Hirono Cotton Lankford AMENDMENT NO. 1116, AS AMENDED Schatz Cantwell Kaine Crapo Lee Thune Schumer The PRESIDING OFFICER. There Cardin King Cruz McCain Tillis Shaheen will now be 2 minutes of debate equally Carper Klobuchar Daines McConnell Toomey Stabenow Casey Leahy Enzi Moran Wicker divided prior to a vote in relation to Tester Coons Manchin Ernst Murkowski Young amendment No. 1116, as amended. Udall Cortez Masto Markey Fischer Paul Van Hollen Mr. ENZI. That is the substitute. I Donnelly McCaskill Warner NAYS—48 yield back time on that. Duckworth Menendez The PRESIDING OFFICER. The Sen- Durbin Merkley Warren Baldwin Gillibrand Murray ator from Vermont. Feinstein Murphy Whitehouse Bennet Harris Nelson Wyden Mr. SANDERS. Mr. President, this is Franken Murray Blumenthal Hassan Peters Gillibrand Nelson Booker Heinrich Reed not a bad budget bill. It is a horrific Brown Heitkamp Sanders budget bill, an extremely cruel bill, The concurrent resolution (H. Con. Cantwell Hirono Schatz Res. 71), as amended, was agreed to. Cardin Kaine Schumer and the most unfair budget ever pre- Carper King Shaheen sented in the modern history of our The PRESIDING OFFICER. The ma- Casey Klobuchar Stabenow country. jority leader. Coons Leahy Tester At a time of massive income and Mr. MCCONNELL. Mr. President, to- Cortez Masto Manchin Udall night we completed the first step to- Donnelly Markey Van Hollen wealth inequality, this budget provides Duckworth McCaskill Warner $1.9 trillion in tax breaks for the top 1 ward replacing our broken Tax Code by Durbin Menendez Warren percent. At a time when millions of passing a comprehensive, fiscally re- Feinstein Merkley Whitehouse sponsible budget that will help put the Franken Murphy Wyden working families are struggling to keep their heads above water, this Federal Government on a path to bal- The amendment (No. 1561) was agreed budget cuts Medicaid by $1 trillion. ance. The budget also gives us the tools to. Fifteen million Americans could lose we need to strengthen our economy AMENDMENT NO. 1167 their health insurance. after years of stagnation under the pre- The PRESIDING OFFICER. Under This is a budget that poll after poll vious administration. the previous order, there will now be 2 shows the American people do not We have a once-in-a-lifetime oppor- minutes of debate, equally divided, want. Let us defeat it. tunity to replace a failing tax code prior to a vote in relation to the The PRESIDING OFFICER. The Sen- that holds Americans back with one Perdue-Whitehouse amendment No. ator from Wyoming. that actually works for them. To mid- 1167. Mr. ENZI. Mr. President, I am tempt- dle-class families across America, we The Senator from Georgia. ed to debate that, but we will get to do have a very simple message. We want

VerDate Sep 11 2014 06:01 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.069 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6630 CONGRESSIONAL RECORD — SENATE October 19, 2017 to take more money out of Washing- The PRESIDING OFFICER. Is there a The Senator from Kentucky [Mr. MCCON- ton’s pockets and put more in yours. sufficient second? NELL] proposes an amendment numbered 1572 With this budget, we are on a path to There appears to be a sufficient sec- to amendment No. 1571. delivering much needed relief to Amer- ond. The amendment is as follows: ican individuals and families who have The yeas and nays were ordered. Strike ‘‘4’’ and insert ‘‘5’’ borne the burdens of an unfair tax code AMENDMENT NO. 1569 TO AMENDMENT NO. 1568 The PRESIDING OFFICER. The ma- for entirely too long. I want to particu- Mr. MCCONNELL. I have a second-de- jority whip. larly thank Chairman MIKE ENZI and gree amendment at the desk. THANKING SENATOR ENZI AND THE BUDGET the members of the Budget Committee The PRESIDING OFFICER. The COMMITTEE MEMBERS AND STAFF and the staff for their extraordinary clerk will report. Mr. CORNYN. Mr. President, I want work on this budget. The legislative clerk read as follows: to take a few minutes following the re- marks of the majority leader to thank f The Senator from Kentucky [Mr. MCCON- Chairman ENZI, the bill manager, and BANKRUPTCY JUDGESHIP ACT OF NELL] proposes an amendment numbered 1569 to amendment No. 1568. the whole Budget Committee for the 2017 tremendous work that has been done Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I on this budget resolution. ask that the Chair lay before the Sen- consent that the reading of the amend- I also want to express my gratitude ate the message to accompany H.R. ment be dispensed with. and our collective gratitude to the 2266. The PRESIDING OFFICER. Without Budget Committee staff, who has done The Presiding Officer laid before the objection, it is so ordered. such heroic work to get us this far. Senate the following message from the The amendment is as follows: This might well be the best and most House of Representatives: Strike ‘‘1 day’’ and insert ‘‘2 days’’ well-run budget consideration process Resolved, That the House agree to the MOTION TO REFER WITH AMENDMENT NO. 1570 during my time in the Senate. Cer- amendment of the Senate to the bill (H.R. tainly, for the fact that Senator ENZI 2266) entitled ‘‘An Act to amend title 28 of Mr. MCCONNELL. I move to refer the the United States Code to authorize the ap- House message on H.R. 2266 to the has gotten us to this point at this time pointment of additional bankruptcy judges; Committee on Appropriations with in- of night, when typically this ends in and for other purposes.’’, with an amend- structions to report back forthwith the wee hours of the morning, I think ment. with an amendment numbered 1570. he is to be commended. MOTION TO CONCUR The PRESIDING OFFICER. The The resolution has gone through reg- Mr. MCCONNELL. Mr. President, I clerk will report the motion. ular order from the start, working its move to concur in the House amend- The legislative clerk read as follows: way through the Budget Committee ment to the Senate amendment to H.R. where amendments were considered The Senator from Kentucky [Mr. MCCON- and adopted from both sides. Chairman 2266. NELL] moves to refer the message to accom- CLOTURE MOTION pany H.R. 2266 to the Committee on Appro- ENZI has been a very effective floor I send a cloture motion to the desk priations with instructions to report back manager as we have been considering on the motion to concur. forthwith with an amendment numbered the budget resolution, obtaining con- The PRESIDING OFFICER. The clo- 1570. sensus from both sides of the aisle to ture motion having been presented The amendment is as follows: ensure that the Senate has considered under rule XXII, the Chair directs the At the end add the following. a number of amendments in a timely clerk to read the motion. ‘‘This Act shall take effect 3 days after the fashion. That is something that is not The legislative clerk read as follows: date of enactment. always so common around here. I want to take a moment to note the CLOTURE MOTION Mr. MCCONNELL. I ask for the yeas great job the chairman has done in get- We, the undersigned Senators, in accord- and nays on my motion. ting us to this point. As we all know, ance with the provisions of rule XXII of the The PRESIDING OFFICER. Is there a without a budget resolution, there will Standing Rules of the Senate, do hereby sufficient second? move to bring to a close debate on the mo- be no tax reform. This is the first step There appears to be a sufficient sec- tion to concur in the House amendment to to getting us to pro-growth tax reform, ond. the Senate amendment to H.R. 2266. which will unshackle the sleeping giant The yeas and nays were ordered. Mitch McConnell, Pat Roberts, Roy of the American economy, something Blunt, Shelley Moore Capito, Mike AMENDMENT NO. 1571 from which all Americans will benefit. Rounds, John Thune, Orrin G. Hatch, Mr. MCCONNELL. I have an amend- I yield the floor. Deb Fischer, Cory Gardner, John Bar- ment to the instructions. rasso, Johnny Isakson, John Boozman, The PRESIDING OFFICER. The Sen- Thom Tillis, Richard Burr, James M. The PRESIDING OFFICER. The ator from New Jersey. Inhofe, Roger F. Wicker, Lindsey Gra- clerk will report. THE BUDGET ham. The legislative clerk read as follows: Mr. MENENDEZ. Mr. President, hav- MOTION TO CONCUR WITH AMENDMENT NO. 1568 The Senator from Kentucky [Mr. MCCON- ing been away for a while from the Mr. MCCONNELL. I move to concur NELL] proposes an amendment numbered 1571 Senate, I am pretty amazed to come in the House amendment to the Senate to the instructions of the motion to refer. back today and see a budget that is amendment to H.R. 2266, with a further Mr. MCCONNELL. I ask unanimous passed that throws away years of rhet- amendment. consent that the reading of the amend- oric about fiscal conservatism. The The PRESIDING OFFICER. The ment be dispensed with. Senate just passed a budget that adds clerk will report the motion. The PRESIDING OFFICER. Without $1.5 trillion to our national debt, a The legislative clerk read as follows: objection, it is so ordered. budget that slashes seniors’ healthcare The Senator from Kentucky [Mr. MCCON- The amendment is as follows: by $473 billion. It decimates the Med- NELL] moves to concur in the House amend- Strike ‘‘3 days’’ and insert ‘‘4 days’’ icaid Program for parents and grand- ment to the Senate amendment to H.R. 2266, parents in nursing homes, those who Mr. MCCONNELL. I ask for the yeas with an amendment numbered 1568. are disabled, and those who are among and nays on my amendment. Mr. MCCONNELL. I ask unanimous the poorest, with cuts of over $1 tril- The PRESIDING OFFICER. Is there a consent that the reading of the amend- lion over the next decade. sufficient second? ment be dispensed with. In total, the Republican budget There appears to be a sufficient sec- The PRESIDING OFFICER. Without would cut more than $5 trillion over ond. objection, it is so ordered. the next decade from education, The amendment is as follows: The yeas and nays were ordered. healthcare, affordable housing, At the end add the following: AMENDMENT NO. 1572 TO AMENDMENT NO. 1571 childcare, nutrition assistance, trans- ‘‘This Act shall take effect 1 day after the Mr. MCCONNELL. I have a second-de- portation, and other programs that all date of enactment.’’ gree amendment at the desk. Americans rely on. Mr. MCCONNELL. I ask for the yeas The PRESIDING OFFICER. The The question many New Jerseyans and nays on the motion to concur with clerk will report. will be asking me is, Why? Why do Re- amendment. The legislative clerk read as follows: publicans in Congress add $1.5 trillion

VerDate Sep 11 2014 06:56 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.072 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6631 to our national debt while slashing the without water to bathe, to cook with, to pay off, in whole or in part, vulture Medicare Program? The answer is sim- or simply to drink. How many of us can funds. We need people saved, not bond- ple. We are on a pathway to provide even imagine such an existence? More holders. massive tax breaks to corporate inter- than half of the island’s cell towers are We need a response that answers ests, special interests, and the wealthi- down, which is not just an inconven- Puerto Rico’s call. Instead of con- est 1 percent. This has been a Repub- ience. It is a threat to safety. Imagine tinuing to treat Puerto Rico like a for- lican agenda for as long as I can re- the sense of isolation and desperation eign country and make them start a member. when your power is out, when you have tab at the U.S. Treasury while they are What I find most galling is that this run out of potable water, with none on vulnerable and pleading for help, we budget plan is meant to set up a special the way, and you can’t even call for need to treat them just like their fel- process that we know here as reconcili- help. low American citizens in Florida and ation to pass the Trump tax plan—a As bad as it looks on TV, the situa- Texas. We need to provide uncondi- plan, which, by which their own admis- tion on the ground, as I saw it, is trag- tional assistance—real dollars to re- sion, will raise taxes on middle-class ically worse. I am concerned that the build roads, the electrical grid, and to families. Think about that. The Repub- package we are considering now is both put people back in their homes and lican Party is adding $1.5 billion to the inadequate in scope and unfair in treat- businesses. We need to address the debt to pay for massive tax breaks for ment—inadequate because it is just a massive Medicaid cliff that is forcing the wealthiest among us—I should say fraction of what Puerto Rico needs to even more doctors and nurses off the trillion, $1.5 trillion to the debt to pay recover, unfair because it treats the island and threatening the health of for massive tax breaks for the wealthi- people of Puerto Rico different than the people of Puerto Rico. We need est among us. They aren’t even guaran- Florida and Texas, even though they strong protections to make sure that teeing that middle-class taxes will not are U.S. citizens. the disaster relief stays with the people go up. While all three areas have been dev- of Puerto Rico, where it is needed the What the Republican budget fails to astated by natural disasters, only most. realize is that budgets are not just Puerto Rico is being required to pay Let me close by saying that I grew up about numbers. Budgets are about peo- back natural disaster assistance. That believing the United States was the ple, their hopes, their dreams, their ex- is right. Unlike Florida and Texas, the greatest country the world had ever pectations for a better life for them- majority of Puerto Rico’s assistance is seen. I still believe that today as selves and their children. coming in the form of a loan. While strongly as ever. Ultimately, our re- My view is that this budget sells there are a lot of things that the people sponse as it relates to the people of America short. It is not what the of Puerto Rico need from their Federal Puerto Rico is not just about the peo- American people believe our collective Government, one thing they absolutely ple of Puerto Rico but about all of us. values would be. Hard-working families do not need and simply cannot afford is It is about our values—who we are as a want us to work together and pass a billions of dollars of more debt. people, who we are as a nation. How we budget that addresses their concerns. This is not a normal disaster loan. respond to this crisis will test the col- They want safe communities, not a No. Just like everything else with lective conscience of our Nation, and it budget that threatens to cut the fire- Puerto Rico, this loan comes with a will define us. fighter grants and stretches local budg- major stipulation. While disaster loans As I have said many times, I have ets even thinner. They want peace of are normally forgiven according to a never shied away from voting for as- mind when they reach their golden standard formula under the Stafford sistance for flooding in Mississippi, for years, not a budget that raises their Act, this package overrules long- wildfires in the West, for hurricanes healthcare costs. They want a tax pro- standing law and leaves the decision like Katrina, and any other natural posal that cuts taxes for the middle entirely in the hands of the Secretaries disaster that has faced our country class and working people, not more tax of the Treasury and Homeland Secu- with our fellow Americans. I was breaks for the folks that have been rig- rity. amazed when I had to struggle and ging the system against us. While disaster loans are normally fight here on the Senate floor for the People are willing to do their part if used to help people be safe and start first time—I don’t know—in my life- everyone is sharing in the sacrifice. the recovery process, this legislation time to get assistance in the New But this budget fails that test. It fails gives the Secretaries of the Treasury York-New Jersey area after to recognize that we are all in this to- and Homeland Security the authority Superstorm Sandy. It took a major gether and should benefit together and to control how Puerto Rico spends the fight, with people voting no, even sacrifice together—each of us working money. If Secretary Mnuchin decides though I had always voted yes. for the betterment of all of us. that some, most, or even all of the loan The people of Puerto Rico do not Mr. President, another area where it should be used to pay off his friends on have a U.S. Senator to cast their vote is critical that we come together, not Wall Street, there is nothing Puerto for them or to raise their voices for as 50 separate States but as the United Rico can do to stop him. If he decides them. Yet, as long as I am a Member of States of America, is to help the 3.5 that debt bondholders are more impor- this Chamber, I am going to continue million American citizens living in tant than those who are suffering in to prick the conscience of the Senate Puerto Rico. I have serious concerns darkness, there is nothing they can do to understand that when we walk to that the current disaster relief package to stop him. Instead of being treated the Vietnam wall and see those names, currently being considered by Congress like the rest of the country, Puerto a disproportionate number of them are falls far short of that. Rico is left at the mercy of Treasury Americans of Puerto Rican descent, Tomorrow will mark 1 month since Secretary Mnuchin. They are at the who wore the uniform, gave their lives, Hurricane Maria devastated the island mercy of someone who made his for- and made the ultimate sacrifice. They of Puerto Rico, leaving in its wake a tune off the backs of seniors and hard- did not leave the conflict early; they trail of destruction, despair, and suf- working families who lost their homes gave it their all. We cannot leave them fering. It is 1 month later, and still 88 in the foreclosure crisis. early, nor should we leave them short. percent of our fellow Americans in Do we really think that someone who I yield the floor. Puerto Rico don’t have power. It is 1 callously rejected the pleas of strug- The PRESIDING OFFICER. The Sen- month later, and still one-third of the gling families to save their homes and ator from Wyoming. island lacks access to clean, safe drink- instead put them on the fast track to THE BUDGET ing water. foreclosure is going to suddenly change Mr. ENZI. Mr. President, I am going Outside of the city of San Juan, the now for the 3.5 million American citi- to contain my remarks to the budget situation is even worse, as nearly two- zens in Puerto Rico? Does anyone real- and its process. thirds of people still remain without ly believe he is going to put the people For several days—in fact, for several water. Let me just pause for a moment of Puerto Rico first? What a tragedy it weeks—I have been listening to the to think about that. Think about it: an would be if, instead of helping our most same rhetoric of what this budget will entire month without clean water, vulnerable citizens, this loan was used do. This budget is a special process. It

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.080 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6632 CONGRESSIONAL RECORD — SENATE October 19, 2017 does outline a plan for what we can do does, we will have money to start pay- Again, we had to think of a civil proc- over 10 years. That is a long time. I ing back some of the debt. If it just ess today that would result in our don’t know that we ever make it past stays at my estimated, conservative being able to finish at what would be the first year. In fact, some budgets do amount, at the end of 10 years, we will considered an extremely early hour. not last more than 40 days before we have a surplus of $197 billion. There was a little different tone to waive the budget, but we need to have We have a chance to put America on the amendments than what I had seen a blueprint. This is a blueprint that a different route, one that will increase before—I think people will agree with covers 10 years in spite of some of the jobs, one that will get the money into that—which was that they were fo- rhetoric that this bill will not do any the hands of the people, realizing that cused on the actual items in the budg- of the things that have been claimed. they probably know better what to do et, not on ‘‘gotcha’’ amendments. Usu- The reason that it will not do any of for themselves and their families than ally, they say: Well, that person is up, the things that have been claimed is we do. and he has this little soft spot, so if I that everything in the budget requires I do hear a lot when I go home about throw in this amendment, he will be on action by another committee before it different government programs that record, probably, having to vote can be done. Maybe they will take are not working. In my studies, I have against it, or he will vote for it, and what we have in the budget and do found that we not only have programs that can be used against him. Either that. Usually, they do not. If they were that are not working but that we have way, they would be able to use it. I to, we could balance it, in this case, programs that nobody ever takes a didn’t see those amendments this time, over a 10-year period. That is too long. look at. We have programs that have a and I appreciate that. Interest is going to eat us alive before lot of duplication. We have 160 housing I appreciate my colleagues for their that time. We are going to have to do programs. There are really only 5 consideration, their cooperation, and a something else. things that those 160 programs do, so lot of patience that has gotten us to I remember, when President Obama shouldn’t we have just 5 of them and this point. came into office, he had an idea. He maybe have them specifically and all I thank Leader MITCH MCCONNELL for said that the economy was too slug- under one agency and set some goals allowing the Senators to do their jobs, gish, so he was going to do a stimulus and see if they meet those goals? to do them in committee, and to do bill. Here, they are complaining about I was visiting with a lady from Africa them here on the Senate floor. This this $1.5 trillion that, perhaps, might who happens to be in charge of finance commitment to an open, honest, and be part of the flexibility for doing tax in her country. She said: You know, we transparent legislative process is cru- reform. We did more than that in the have performance contracts in our cial to helping Congress restore the stimulus, and it did not work and went country, and a performance contract trust of the American people. into the hands of a few people. Some of means that everybody, including the I also owe thanks to the outstanding it never did get used. Some of it went towns, does a list of what they are members of the Senate Budget Com- to very few people. It was supposed to going to get done during the year. mittee, who fought so hard and so te- go to shovel-ready projects. Some of Because they are smaller than the naciously to outline a plan that could those projects have not been done yet, United States, once a year they get ev- balance the budget over the next 10 so that did not work. erybody together who has a perform- years while providing the tools needed We have had a slow economy. In fact, ance contract, and everybody reviews to reform our Tax Code and boost the it seemed to have been slowing down, his performance contract. If you do not economy. The Presiding Officer was a not speeding up, until last November. meet your performance contract, there part of that committee, and the Sen- Last November, people showed a sign of is a little bit of public embarrassment; ator who just finished presiding was a hope, and the economy started going whereas we do not even check to see if part of that committee. I appreciate the other way. It is reflected in the they did anything. We do not even the careful and calculated way they stock market and some of the com- check to see if they have plans. We looked at it, provided suggestions, then modity prices because they felt that have to change that, and some of the asked good questions at hearings and those could be produced again. things in this budget will allow that to helped to come up with that budget. We decided that we had to try a dif- happen. Thanks are due, as well, to the many ferent approach, and the different ap- I appreciate the way that we finished Members on this side who came and proach was to try to put the money in up in committee. I allowed the other spoke on the budget’s behalf, who of- the hands of hard-working Americans. side to see the budget early. Normally, fered amendments to make it better— That is the middle class that some of they get to see it after opening state- well, almost always to make it better— the people talk about, and it is the ments are done. Imagine that—do the and who worked with each of us and poor that some of the people talk opening statement about what you each other to move through the resolu- about. It is everybody. When we do tax think is going to be in the budget. Al- tion’s debate and the vote process to- reform, it will affect everybody. In though some of the speakers I have gether. fact, there are even some studies that heard around here act like they are I would also like to focus for a mo- show that when you do the corporate still thinking that something might be ment on some of the staff who helped tax, it increases money for individuals in the budget that is not, they got to to lead us here. I want to thank the Re- who are working because there will be see it 5 days early in exchange for sub- publican staff of the Senate Budget more competition for people, and that mitting their amendments, which is Committee. That is Betsy McDonnell, will drive up wages. Some economists what every other committee does. Sub- my staff director, who is relatively new have pointed that out. Yet, rather than mit the amendments early, and then to the position, but you would never argue with the Congressional Budget we can look through them and see how know that in the way she took ahold Office about how much the change is much duplication there is and some with her knowledge and friendship going to be, we said: No. Go ahead. Do that can be accepted from both sides. among people, again, on both sides of your static one just as though no As a result, we started with over 150 the aisle. She has been able to work change had been made at all. We are amendments, and we voted on 25. We some wonders to where we had the willing to bet that there will be a very took five from the other side, making least votes in a vote-arama that, I slight increase that will cover what we it a bipartisan budget. think, we have ever had. That came are talking about as a possible deficit Nevertheless, after the committee from her being able to combine some of and that that deficit will not develop if process, we brought it to the floor, and them but also in helping them redraft we increase just a very small amount we had an open amendment process so that they were covering a different in productivity. today. In fact, as for the way the rules area than somebody else might be cov- Just about every economist asked: are on this, after we voted on the last ering, which eliminated some of the How come you are picking such a low amendment—of course, before we voted repetition. number? Well, we try to be conserv- on final passage—somebody could have I want to thank my deputy staff di- ative and hope that the number goes 4 said: Wait a minute, I have one more, rector, Matt Giroux, and Paul or 5 or 6 points higher than that. If it and he could have gone on all night. Vinovich, Becky Cole, Thomas Fuller,

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.082 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6633 Elizabeth Keys, Joe Brenckle, Jim favor as well as for the rest of the Na- comes up with some great expla- Neill, Steve Robinson, Greg D’Angelo, tion. I am not trying to do anything nations—not ones we always agree Tom Borck, Richard Berger, Jeremy partial just to our part of the country, with—but great explanations for any Dalrymple, David Ditch, Susan although a lot of things I work on have decision she makes, and we really ap- Eckerly, Alison McGuire, Will Morris, to do with very rural places. We are the preciate that. Steve Townsend, Kelsie Wendelberger, least populated State in the Nation, So you can see that it takes a whole and our interns Catherine Konieczny, but we are also the biggest State in the lot of people, and I haven’t had a Jake Whitaker, and Matt Pfeiffer. Nation so we have a lot of open space chance to get the list of the people They are quite a team that has been to invite people to. from the other side of the aisle who doing a lot of work, both daytime and I also want to thank Bart Massey, have been working on, in some cases night and while the Senate has been Liz Schwartz, Natalia Riggin, Aniela countering what we are doing and out of session. Butler, Charlie Carroll, Shawna keeping their people informed, but that So I would also like to offer a special Newsome, Garnett Decosimo, Chris is the Senate; that is, there are all thank-you to Eric Ueland, who pre- Lydon, Aron Wehr, and Dylan Mitchell. these people behind the scenes who are viously served as my staff director. He I want to thank my Communications helping to make it work and to do it has been nominated for a post within Director, Coy Knobel, our press team, right. That is important. We want to the administration, and he is still wait- Max D’Onofrio and Rachel Vliem, and do it right. ing for his vote here, which is being de- the rest of the Wyoming team. Now, I think we could work together layed a lot—not just on his but appar- I have a bunch of people in Wyoming a lot better if we were able to work in ently on all of them. who primarily work on casework and smaller bites. I get a little upset when Eric has played an important role on do an outstanding job doing that. we do comprehensive stuff around here. this committee and throughout his I also want to thank the Budget I have watched so many times when we time in the Senate. Two years ago, Committee’s bipartisan staff: Kim take a comprehensive bill and soundly Eric was instrumental in helping Con- Proctor, Katie Smith, George Woodall, defeat it or maybe narrowly defeat it, gress approve its first balanced 10-year Grace Bruno, and Kevin Walsh, as well but we defeat it. I figured out, when we budget since 2001, which represented an as Celina Inman, who has been on loan do something that ought to be in sepa- important step toward putting our to us from the Government Publishing rate bites, that this piece loses 5 votes country on not just another course but Office. You can tell around here it and this piece loses 10 votes and this a better course. He is careful, precise, takes a lot of government printing. piece loses 12 votes, and pretty quickly and dogged in his work. He has a tre- We have also been supported by the you don’t have a majority anymore, mendous knowledge of the history of great work of our leadership, the floor but if you do it in smaller bites, you the Senate and particularly the budget and cloak room staff. I thank them for may lose 5 votes, lose 12 votes, and it process. I especially appreciate his un- their continued good work and dedica- isn’t a big deal. Getting it done would derstanding of the complex Senate tion to this institution and the country be the big deal. So if people would set- rules and precedents, along with the as a whole. tle for working one issue and sticking Budget Act. I wish him Godspeed in his In particular, I want to thank Sharon to that issue and not say: No, I have next position in service to our great Soderstrom, Hazen Marshall, Jane Lee, this amendment that I know nobody Nation. and Brendan Dunn in the leader’s of- will like, but this is such an important As well, thanks are due to my per- fice; Monica Popp, John Chapuis, and bill, if I could get it in there, it will sonal office staff who have to carry a Emily Kirlin in the whip’s office; and make it through and hardly anybody load because I am not there when I am very especially Laura Dove, who really will know—that is not legislating, and working on the budget stuff, but they runs this place. She has a history from we shouldn’t be operating that way. We keep me well informed so we are pro- when her dad was the Parliamentarian, should be doing an item at a time, in gressing on some of the State stuff at and I am sure there was dinner table bite sizes, so the American people can the same time. I particularly have to talk that has led her to know a lot of understand it, and we get it done. thank my chief of staff, Tara Shaw, the precedents. I have seen when some- I think a lot of people have done a who, because a new administration body disagreed with her, she was able great job here, including the pages. It came in and liked the employees I had to just go over and pull out a manual is late, so rather than go on—I made it working for me, hired many of them and turn almost instantly to the page to after 10 p.m. so you don’t have to away and we had to find replacements and say: Here it is. She does an out- have class tomorrow morning. With and she did an outstanding job with standing job of helping us stay on the that, I will close. that. She has helped to kind of hold me right track. I also thank Robert Dun- I yield the floor. together during this whole process and can, Chris Tuck, Megan Mercer, Tony The PRESIDING OFFICER (Mr. gives me outstanding advice so that I Hanagan, Mike Smith, Katherine Kil- PERDUE). The Senator from Ohio. know not only what I am doing but roy, and Chloe Barz in the cloakroom. TAX REFORM why I am doing it, and, again, she has I would really be remiss if I didn’t Mr. PORTMAN. Mr. President, as we a tremendous history of what I have thank the Senate Parliamentarian, have just seen, there is no more decent done before, which helps me as a good Elizabeth MacDonough, and her team, or honest Senator in the U.S. Senate reminder. She is an outstanding chief along with our bill and amendment than the Senator from Wyoming who of staff. clerks who kept us on the straight and just spoke, and that is why we were I also want to include my legislative narrow, but I particularly want to able to expedite the process tonight. It director, Landon Stropko. When you point out our Senate Parliamentarian may seem like we are here late, but, are the budget chairman and you are who has to go through the technical frankly, we all expected to be here worried about some of the numbers, details of every sentence of everything until 2 or 3 or 4 in the morning, and in- you can give the legislative director a we do. When you talk about a filing stead we worked things out. He is an heart attack because as budget direc- cabinet of ideas all contained in one example of why we did, both in com- tor you have to vote against some place, she does it. She knows prece- mittee and on the floor. Senator ENZI things that have some unusual num- dent. She has been working at it for a was able to work with people, be fair, bers to it, but it might be something long time. To be Parliamentarian, you honest, and that pays off. It gave ev- people in Wyoming are interested in. have to be somebody who really likes erybody a fair shot. We were able to resolve some of those detail work and pressure because when I will also say he has produced a conflicts. I always support Wyoming, somebody comes in, they don’t say: budget that does balance, which I as I mentioned. For anything that hap- Take a look at this, and maybe I will think most Americans agree with. As pens in the budget process, there is an- see what you think next week. No, they he said so well, the budget is a frame- other process that will actually require want to know right now what you work. So the budget itself does not some votes to finish up anything that think, and fortunately she is able to, have the specific policies in it. In fact, is in there, and we will see that every- with a very great personality, say: Not those have to go to other committees thing in there comes out in Wyoming’s yet, and then she does her research and to be passed and then will be passed by

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.083 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6634 CONGRESSIONAL RECORD — SENATE October 19, 2017 the full Senate and the House and a little bit about this today. Some of- ple are actually voting with their feet signed into law by the President. fered amendments. I offered one with and leaving the country and taking What it does do is it prepares this regard to the business tax side of jobs and investment with them. We body to do something really important things, but I think it does it in three have done research on this, we have and really exciting, and that is the op- ways. First, it immediately helps the had investigations on this, and we portunity to reform our broken Tax family budget by cutting middle-class know what is happening. We know, as Code. It is so important because it will taxes. So everything that has been laid an example, that because of our Tax give us a shot in the arm, in terms of out in terms of the proposals tonight Code, there are almost 5,000—4,700 com- our economy. It will get this economy on the tax side, we can talk about the panies just in the last 13 years that moving again, and it is going to help fact that for families who are working have become foreign companies that people who have been left behind in families in this country who are mak- otherwise would be American compa- this economy. Really, when we look ing $30, $40, $50, $60,000 a year, those nies. Think about that. That is the over the past 15 years, so many people folks will see a reduction in their taxes Ernst & Young study we recently saw. whom I represent and who are rep- which will help the family budget. This is amazing. We know for a fact resented by the other Members in this The Tax Code, of course, is very com- that it is not just about these compa- Chamber have not seen their wages go plicated, too burdensome. One thing we nies leaving America and going to up. In fact, they have been flat, and are proposing is to double the standard other countries and doing these so- what has gone up are expenses— deduction. That means for people who called inversions—becoming a foreign healthcare expenses more than any, take the deduction now—and about company—but it is also foreign compa- frankly. It is the biggest single in- two-thirds of the people I represent nies coming here and taking over U.S. crease people see in their family budg- do—they will be able to have a dou- companies, and, again, what is hap- et but also food, medicine, and tuition. bling of that, from $12,000 for a family pening here is that jobs and investment We have seen flat wages, not more to up to $24,000 for a family. That is a are going overseas. take-home pay, and higher expenses. 0 tax bracket for the first $24,000 in in- Why is this? Well, it is for a couple of What we have an opportunity to do in come. That is significant middle-class reasons. One is that American compa- this tax reform bill—that is a frame- tax relief. nies now have the highest tax rate in work, not a mandate—that was made Second, we are going to expand the all of the industrialized world. So the possible by the budget that was passed child tax credit. That is really impor- 35-percent tax rate you hear about, tonight is we have set the stage for tant, not just to provide relief but to that is a high rate compared to every commonsense tax reform that is essen- help families with kids be able to af- other country in the world that we do tial to this effort to grow our economy ford childcare. business with. That is a negative, but and create more and better jobs and in- Finally, we will adjust the bracket so it is also how we tax. We tax in a way creased wages for middle-class Ameri- people who are beyond the standard de- that discourages us from bringing prof- cans. duction, double or nothing, and who its back to America to the point that, We heard a lot of discussion about it don’t take advantage of the child tax unbelievably, there is between $2.5 tril- adding to the deficit. I will just add to credit also get tax relief. lion and $3 trillion—and some say what has been said already. If we do So these are ways in which folks are more—of earnings stuck overseas, this tax reform right, it will not add to going to see immediate help for the locked out of America, which could the deficit. In fact, I strongly believe it family budget, but it is more than come back here to expand plants, will reduce the deficit over the next 10 that. It is more than that. equipment, and jobs, to actually get years. Why do I say that? I think, frankly, the most significant this economy moving. This is a huge I am going to talk for a second about part of this reform is going to be giving opportunity for us. We don’t want to some of the things that are in good the economy that shot in the arm and see these companies go offshore. We pro-growth tax reform that we are helping to increase jobs and improve want to see them come back. planning to implement that will actu- wages. That is going to happen, I Trade policy is important. Regula- ally grow the economy that will result think, through the business tax relief tions are important. Worker retraining in more economic activity and more that we have talked about. First, with programs are important. Healthcare revenue coming into the Treasury. regard to smaller companies, the so- cost containment is important. But If you assume, as the Congressional called passthrough companies, about nothing is more important than fixing Budget Office does, that we are only three-quarters of the companies in this broken Tax Code if we are going to going to grow this economy 1.9 percent, America pay their taxes as individuals. see the kind of economic growth and which is a pretty paltry amount over This is the corner drugstore; this is the improvement in wages that we all hope the next 10 years—way below what the small manufacturing business in your for. average has been for the past 30 years— town. Those folks are going to see a re- There have been a lot of studies done then let’s say all this tax reform we are duction in their taxes on their business on this, and they say that we haven’t doing only grows the economy by a lit- income so they can invest more in that changed our code since the mid-1980s, tle bit more. Let’s say .4 percent. So business and create more jobs, and a but every other one of our competitors instead of 1.9 percent, let’s grow the lot of the growth is going to come from have. They have all lowered their economy at 2.3 percent. That is a con- these smaller businesses. That is the rates, and they have all gone to a sys- servative estimate, I believe, based on 25-percent rate people are talking tem of taxation that is more efficient the kinds of things we are talking about as compared to, say, a 35-percent to get this money back to their coun- about. That will mean we actually not or higher rate for individuals. That is tries. only have a revenue-neutral tax pro- something that is fair, in part because In 1986, Ronald Reagan was Presi- posal, but we begin paying back some we are also going to lower the rates for dent. He made some great changes. of the national debt by having the def- people who are in the larger businesses. That was 31 years ago. Things have icit, once again, as it was in the years These are the C corporations that are changed a lot since then. By the way, 2000 and 2001, be on a unified basis at a being talked about. That rate has to back then Pete Rose was still playing zero deficit. come down. If it does not, America will for my Cincinnati Reds. That is how This is an exciting opportunity to continue to lose jobs and investment long ago it was. help people be able to seek their goals overseas, and that is what is happening It is time for us to update this Tax in life but also to actually help with re- right now. Code, to modernize it, and to bring gard to the budget deficit. I agree with Just in the last 24 hours, another back those jobs and that investment. the chairman on that. I think we have major American company announced We can do it. We can do it because of an opportunity, if we do the right tax that they are inverting; in other words, what happened tonight. This creates relief, to really help to get the budget they are going overseas. Why? Because the framework for us to able to do this. deficit down. of the Tax Code. It is amazing that the In a recent business roundtable sur- How does this comprehensive tax re- Tax Code that this Congress is respon- vey of 150 American companies—these form help the middle class? We talked sible for improving is so bad that peo- are the CEOs—82 percent said that tax

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.084 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6635 reform that we are talking about will will hear across this country and nois, communications director for the fed- prompt them to increase capital spend- across this aisle. When they do, I be- eral military base closure commission, polit- ing. Three-quarters of them—76 per- lieve we will have the opportunity to ical consultant, and chief speech writer for former Chicago Mayor Richard M. Daley. cent—said that it is going to increase have the kind of commonsense, bipar- That resume hardly defines the sum of Nel- hiring. And with this reduced tax bur- tisan tax reform we need in this coun- son, however. Friends remember him as den, businesses are going to have the try. We need to do it to be able to have someone with boundless curiosity and a money to invest in their workers. a thriving American middle class, and walking encyclopedia of knowledge about in- I will tell you, with the tighter job we need to do it to have a stronger terests as varied as Midwestern architecture, market that is out there now as the America. jazz, the Cubs, anything Chicago related, the economy has begun to improve, this I am excited about this opportunity. minutia of the small Southern Michigan will increase competition for workers, town of Sturgis where his ancestors were I look forward to working with my col- early settlers in the 1800s, and the secret to and this will increase wages. We know leagues on both sides of the aisle. the perfect martini. that is going to happen. Mr. President, I yield back my time Edward Wade Nelson Jr. grew up in west Every economist agrees that this on that, but I have another matter that suburban River Forest, attended Fenwick kind of tax reform is going to change I need to do, the closing business. High School in Oak Park and the University behavior. Some might think it doesn’t The PRESIDING OFFICER. The Sen- of Missouri where he graduated with a degree improve the economy as much as oth- in journalism. ator from Ohio. As a young adult and beyond, his greatest ers do, but everyone believes this will f devotion was reserved for performers at Chi- incentivize us to create more jobs and cago’s varied night club, cabaret and piano improve wages here in the United MORNING BUSINESS bar scene where men and women who played States of America. Mr. PORTMAN. Mr. President, I ask and sang there came to embrace Nelson as an There is a group called the Congres- unanimous consent that the Senate be honored guest and friend. He became an au- sional Budget Office, a nonpartisan in a period of morning business, with dience fixture at venues, most now long gone, like The Acorn on Oak, Toulouse, The group up here that we work with. They Senators permitted to speak therein have a study that says that as much as London House, the Green Mill, and Yvette. for up to 10 minutes each. Nelson even came to name his family pets 70 percent of the benefit from that The PRESIDING OFFICER. Without after 20th Century jazz legends. lower corporate rate is going to go to objection, it is so ordered. As Nelson climbed the rungs of journalism the workers in terms of higher wages, jobs, from City News to the suburban f better benefits. That is the way we are Wilmette Life and then the Chicago Daily going to help the middle class also— REMEMBERING WADE NELSON News, his career tracked closely with an- other young reporter, Ellen Warren, who not just with regard to the tax relief Mr. DURBIN. Mr. President, Wade directly but with regard to helping to later became a White House correspondent Nelson was a friend who began his pro- for the old Knight-Ridder news service and improve job creation and increase fessional life as a journalist and served then a columnist for the Chicago Tribune. wages. So I am excited about this. I at many levels in public service. They eventually married and had two sons. think it can happen. I think it is some- He was regarded as an honest profes- Nelson moved back to River Forest, but he thing that is long overdue. sional in all of his life’s work, a father rejoined Dixon in the mid-1990s when the I think it is something, frankly, that and husband truly dedicated to his former senator chaired a politically sensitive federal commission charged with recom- should be bipartisan. This was what family, and a joy to count as a friend. the Simpson-Bowles proposal, which mending the closure of surplus military His colleague and friend, Bob Secter, bases across the country. was a totally bipartisan proposal, said wrote a remembrance, which I include In subsequent years, Nelson served as a we ought to do. In fact, they took the with this statement. It was given to spokesman for then-Cook County Circuit top rate down to 28 percent—lower those of us in attendance at Wade’s me- Court Clerk Aurelia Pucinski, now an appel- than anybody is talking about here. morial service at the Unity Temple in late court judge, and the Illinois State Board But they said that we should go to this Oak Park, IL, on October 7, 2017. The of Education and became a program officer kind of taxation we are talking about and grant manager at the W.K. Kellogg speakers at the service included his Foundation, a Michigan-based non-profit in terms of international businesses, in wife, Ellen Warren, a respected jour- terms of corporations, in terms of cre- specializing in education grants. Wedged in nalist in her own right, and his sons, between these jobs was a multiyear stint as ating jobs. Ted and Emmett. They each shared the chief speechwriter for Richard Daley, a Two years ago, I worked with CHUCK touching stories of Wade as a husband difficult task making Chicago’s notoriously SCHUMER, who is now the Democratic and father. Rick Kogan emceed the ineloquent mayor sound eloquent. leader here in the U.S. Senate, and we celebration with his own signature Wade is survived by his wife and were asked to cochair a working group style and Wade’s friends Bern Colleran, sons, Ted—and his wife, Sarah—and on taxation—particularly folks on the Terry Kelleher, Hanke Gratteau, and Emmett of Chicago; a sister, Karen international side—and we came up musician Jon Webber each added great Nelson of Chicago; and a brother, Ted— with a consensus, which said that we memories to the service. and his wife, Terry—of Spicewood, TX. have to fix this broken Tax Code. It is As Bob Secter wrote: f not working, and we need to bring this Back in the rambunctious days of Chicago TRIBUTE TO ELAINE NEKRITZ money back. We need to bring these newspapers, Wade Nelson worked for the leg- jobs back by going through this kind of endary columnist Mike Royko who sent his Mr. DURBIN. Mr. President, earlier system we are talking about, a so- ‘‘legman’’ to check out a tip that Cook Coun- this month, Elaine Nekritz retired called territorial system. In the past, ty judges were issued cushier toilet paper after more than 14 years of service rep- this has been bipartisan, and my hope than that stocked in public restrooms. resenting the 57th District in the Illi- is it can be again. The easy part for Nelson was grabbing nois House of Representatives. Along Yes, the budget provides the frame- samples from public toilets in the Loop with being a good friend and dedicated courthouse, now known as the Daley Center. work for us to get this done, not on a public servant, Elaine was a real leader 60-vote basis but a 50-vote basis. But Obtaining tissue from a judge’s inner sanc- tum was trickier. for her constituents in Northbrook, Ar- we should do it with more than 60 So, Nelson made up a pretense to interview lington Heights, Wheeling, Buffalo votes. We welcome input from our Chief Judge John Boyle, then excused him- Grove, and across her district. Democratic colleagues. I believe, in the self mid-talk to use the toilet attached to Elaine’s legacy in Illinois will always end, this will be bipartisan because I do the judge’s chambers. He emerged to con- be visible as people travel on high- believe that the vast majority of Amer- front the startled judge with the incrimi- speed rail from Chicago to St. Louis icans out there, as they understand nating evidence, and a great column was and throughout the State. As the chair this tax reform proposal will say: Yes, born. of the Illinois House Railroad Industry I think middle-class tax relief makes Charmin-gate was hardly the highlight of Nelson’s days as a reporter. Yet it dem- Committee, Elaine was a leader in ad- sense, and, yes, I think we should be onstrated the resourcefulness, spunk, and vocating for high-speed rail before it bringing back the jobs and the invest- droll whimsy that propelled him on a rich was popular. ment to this country. I think that is career path involving being press secretary During her service in the State going to be something that Members for the late U.S. Senator Alan Dixon of Illi- House, Elaine championed women’s

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.086 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6636 CONGRESSIONAL RECORD — SENATE October 19, 2017 rights, the environment, and criminal GAO OPINION LETTER RELATED Comptroller General because, as they stated justice reform as well. Because of TO INTERAGENCY GUIDANCE ON in their letters to our Office, in their opinion Elaine’s efforts, kids who have had run- LEVERAGED LENDING the Guidance is not a rule under the CRA. Interagency Guidance on Leveraged Lending ins with the law have a better shot at Mr. TOOMEY. Mr. President, I ask staying out of adult courts and avoid- On March 22, 2013, OCC, the Board, and unanimous consent to have printed in FDIC (referred to collectively as the Agen- ing getting caught in an endless crimi- the RECORD the GAO opinion letter cies) issued the Interagency Guidance, which nal cycle. dated October 19, 2017, related to the forms the basis of the Agencies’ review of the Elaine was always willing to listen to Interagency Guidance on Leveraged leveraged lending activities of supervised fi- colleagues and friends on both sides of Lending of March 22, 2013, Federal Reg- nancial institutions. Leveraged lending gen- the aisle, even when partnership was ister citation 78 FR 17766. erally encompasses large loans to corporate challenging. She helped craft bold leg- borrowers for the purposes of ‘‘mergers and There being no objection, the mate- acquisitions, business recapitalization and islation to rescue Illinois from its dire rial was ordered to be printed in the financing, equity buyouts, and business . . . economic circumstances. As house as- RECORD, as follows: expansions.’’ Leveraged loans raise risk con- sistant majority leader, she was a lead- U.S. GOVERNMENT cerns because of the size of the loans relative er in working to reform pensions in our ACCOUNTABILITY OFFICE, to the borrower’s cash flow, and are gen- State. Fiscal responsibility was always Washington, DC, October 19, 2017. erally used to finance one-time business her core value. Subject: Office of the Comptroller of the Cur- transactions rather than a company’s ordi- rency, Board of Governors of the Federal nary course of business activities. The Guid- The people of the 57th District were ance outlines the Agencies’ minimum expec- lucky to have such a strong advocate. Reserve System, Federal Deposit Insur- ance Corporation—Applicability of the tations on a wide range of topics related to leveraged lending, including underwriting Her energy, creativity, and thoughtful- Congressional Review Act to Interagency standards, valuation standards, the risk rat- ness will be missed. Guidance on Leveraged Lending I thank her for her service to Illinois ing of leveraged loans, and problem credit Hon. PAT TOOMEY, management. and her friendship. I wish her the best U.S. Senate. The Interagency Guidance is ‘‘designed to of luck in her next adventures and sa- DEAR SENATOR TOOMEY: You asked whether assist financial institutions in providing le- lute her husband, Barry, for his strong the final Interagency Guidance on Leveraged veraged lending to creditworthy borrowers in partnership with his talented spouse. Lending (Interagency Guidance or Guid- a safe-and-sound manner.’’ It does so by de- ance), issued jointly on March 22, 2013, by the scribing expectations for the sound risk Office of the Comptroller of the Currency management of leveraged lending activities f (OCC), the Board of Governors of the Federal and lists a number of considerations for fi- Reserve System (the Board), and the Federal nancial institutions: (1) the ratio of a bor- VOTE EXPLANATION Deposit Insurance Corporation (FDIC), is a rower’s debt to the company’s earnings be- rule for purposes of the Congressional Re- fore interest, taxes, amortization and depre- Mr. MENENDEZ. Mr. President, I view Act (CRA). CRA establishes a process ciation; (2) the ability of the borrower to am- was unavailable for rollcall vote No. for congressional review of agency rules and ortize its secured debt, and (3) the level of 225, on Wyden amendment No. 1302. Had establishes special expedited procedures due diligence performed in evaluating the I been present, I would have voted under which Congress may pass a joint reso- loan. The Guidance explains the types of ac- ‘‘yea.’’ lution of disapproval that, if enacted into tions that concern the Agencies and that might motivate them to initiate a super- Mr. President, I was unavailable for law, overturns the rule. Congressional review is assisted by CRA’s requirement that all visory action that would require an inde- rollcall vote No. 226, on Capito amend- federal agencies, including independent regu- pendent finding that an unsafe or unsound ment No. 1393. Had I been present, I latory agencies, submit each rule to both action has occurred. would have voted ‘‘nay.’’ Houses of Congress and to the Government ANALYSIS Mr. President, I was unavailable for Accountability Office (GAO) before it can As an initial matter, one argument raised rollcall vote No. 227, on Cantwell take effect. For the reasons discussed below, by the Agencies is that since the Guidance amendment No. 1141. Had I been we conclude that the Interagency Guidance explicitly states that it is not a rule or a is a general statement of policy and is a rule rulemaking action, it should not be consid- present, I would have voted ‘‘yea.’’ under the CRA. ered a rule under CRA. However, although an Mr. President, I was unavailable for agency’s characterization should be consid- BACKGROUND rollcall vote No. 228, on Warner amend- ered in deciding whether its action is a rule Congressional Review Act ment No. 1138. Had I been present, I under APA (and whether, for example, it is would have voted ‘‘yea.’’ CRA, enacted in 1996 to strengthen con- subject to notice and comment rulemaking gressional oversight of agency rulemaking, requirements), ‘‘an agency’s own label . . . is Mr. President, I was unavailable for requires all federal agencies, including inde- not dispositive.’’ Similarly, an agency’s rollcall vote No. 229, on Flake amend- pendent regulatory agencies, to submit a re- characterization is not determinative of ment No. 1178. Had I been present, I port on each new rule to both Houses of Con- whether it is a rule under CRA. would have voted ‘‘yea.’’ gress and to the Comptroller General before The focus of the arguments made by the it can take effect. The report must contain a Agencies is that the Interagency Guidance is Mr. President, I was unavailable for a general statement of policy and is not sub- rollcall vote No. 230, on Baldwin copy of the rule, ‘‘a concise general state- ment relating to the rule,’’ and the rule’s ject to the CRA. They assert that the Guid- amendment No. 1139. Had I been proposed effective date. In addition, the ance is a statement that explains how they present, I would have voted ‘‘yea.’’ agency must submit to the Comptroller Gen- will exercise their broad enforcement discre- Mr. President, I was unavailable for eral a complete copy of the cost-benefit anal- tion. They maintain that it does not estab- rollcall vote No. 231, on Heitkamp ysis of the rule, if any, and information con- lish legally binding standards, is not certain cerning the agency’s actions relevant to spe- or final, and does not substantially affect the amendment No. 1228. Had I been rights or obligations of third parties. As a re- present, I would have voted ‘‘yea.’’ cific procedural rulemaking requirements set forth in various statutes and executive sult, they claim, the Interagency Guidance is not a rule under CRA. Mr. President, I was unavailable for orders governing the regulatory process. The Supreme Court has described ‘‘general rollcall vote No. 232, on Brown amend- CRA adopts the definition of rule under the ment No. 1378. Had I been present, I statements of policy’’ as ‘‘statements issued Administrative Procedure Act (APA), which by an agency to advise the public prospec- would have voted ‘‘yea.’’ states in relevant part that a rule is ‘‘the tively of the manner in which the agency Mr. President, I was unavailable for whole or a part of an agency statement of proposes to exercise a discretionary power.’’ rollcall vote No. 233, on Paul amend- general or particular applicability and fu- In other words, a statement of policy an- ture effect designed to implement, interpret, nounces the agency’s tentative intentions ment No. 1296. Had I been present, I or prescribe law or policy or describing the would have voted ‘‘nay.’’ for the future: organization, procedure, or practice require- ‘‘A general statement of policy . . . does Mr. President, I was unavailable for ments of an agency.’’ CRA excludes three not establish a ’binding norm.’ It is not fi- rollcall vote No. 234, on Cardin amend- categories of rules from coverage: (1) rules of nally determinative of the issues or rights to ment No. 1375. Had I been present, I particular applicability; (2) rules relating to which it is addressed. The agency cannot would have voted ‘‘yea.’’ agency management or personnel; and (3) apply or rely upon a general statement of rules of agency organization, procedure, or Mr. President, I was unavailable for policy as law because a general statement of practice that do not substantially affect the policy only announces what the agency seeks rollcall vote No. 235, on Kaine amend- rights or obligations of non-agency parties. to establish as policy.’’ ment No. 1249. Had I been present, I The Agencies did not send a report on the The Interagency Guidance provides infor- would have voted ‘‘yea.’’ Interagency Guidance to Congress or the mation on the manner in which the Agencies

VerDate Sep 11 2014 07:11 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.140 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6637 will exercise their enforcement authority re- In deciding that a general statement of ticular applicability, does not relate to agen- garding leveraged lending activities, does policy is a rule for CRA purposes, our prior cy management or personnel, and is not a not establish a ‘‘binding norm,’’ and does not decisions cite to the legislative history of rule of agency organization, procedure, or determine the outcome of any Agency exam- CRA, which confirms that rules subject to practice. ination of a financial institution. Rather, CRA requirements include general state- CONCLUSION the Guidance expresses the regulators’ ex- ments of policy. A principal sponsor of the The Interagency Guidance is a general pectations regarding the sound risk manage- legislation that became CRA made clear that statement of policy designed to assist finan- ment of leveraged lending activities. We general statements of policy are covered by cial institutions in providing leveraged lend- agree with the Agencies that the Guidance is CRA, stating that ‘‘[t]he committees intend ing to creditworthy borrowers in a sound a general statement of policy. However, the [CRA] to be interpreted broadly with regard manner. As such, it is a rule subject to the issue presented here is whether this general to the type and scope of rules that are sub- requirements of CRA. statement of policy is a rule under CRA. ject to congressional review.’’ The sponsor Sincerely yours, GAO has previously held that general added that documents covered by CRA in- SUSAN A. POLING, statements of policy are rules under CRA. clude ‘‘statements of general policy, inter- General Counsel. For example, in B–287557, May 14, 2001, we de- pretations of general applicability, and ad- cided whether a ‘‘record of decision’’ (ROD) ministrative staff manuals and instructions f issued by the Fish and Wildlife Service in to staff that affect a member of the public.’’ CHRISTENING OF THE USNS connection with a federal irrigation project Additionally, in a floor statement during was a rule under CRA. We found that the final consideration of the bill that became ‘‘HERSHEL ‘WOODY’ WILLIAMS’’ ROD was a general statement of policy re- CRA, another principal sponsor of the legis- Mrs. CAPITO. Mr. President, today I garding water flow and ecosystems issues in lation pointed out that rules subject to CRA both the Trinity and Sacramento Rivers. wish to celebrate the christening of the include agency general statements of policy. The ROD modified prior policy in an at- United States Navy’s T-ESB 4 Expedi- ‘‘Although agency interpretive rules, gen- tionary Sea Base, USNS Hershel tempt, in part, to restore fish habitat. eral statements of policy, guideline docu- We cited to the APA definition of ‘‘rule,’’ ments, and agency policy and procedure ‘‘Woody’’ Williams taking place on Octo- which includes ‘‘the whole or a part of an manuals may not be subject to the notice ber 21, 2017. This vessel is named after agency statement of general or particular the proud West Virginian and last sur- applicability and future effect designed to and comment provisions of section 553(c) of implement, interpret, or prescribe law or title 5, United States Code, these types of viving Medal of Honor recipient from policy or describing the organization, proce- documents are covered under the congres- the Pacific theater during World War dure, or practice requirements of an agen- sional review provisions of the new chapter 8 II. This ship will serve as a flexible cy.’’ This definition includes three key com- of title 5. platform to support Special Forces hel- ‘‘Under section 801(a) [CRA], covered rules, ponents: (1) an agency statement, (2) of fu- with very few exceptions, may not go into ef- icopters and aircraft, as well as ture effect, and (3) designed to implement, fect until the relevant agency submits a counterpiracy and mine counter- interpret, or prescribe law or policy. We stat- copy of the rule and an accompanying report measures. ed that this definition is broad, and includes This ship could not have a better both rules requiring notice and comment to both Houses of Congress. Interpretive rulemaking and those that do not, such as rules, general statements of policy, and anal- namesake than Woody Williams. general statements of policy. ogous agency policy guidelines are covered Woody’s life is the embodiment of what We noted that, since CRA adopts the defi- without qualification because they meet the it means to serve this country, both in nition of ‘‘rule’’ from APA, it too covers definition of a ’rule’ borrowed from section his military service during World War both those requiring notice and comment 551 of title 5, and are not excluded from the definition of a rule.’’ II, and his service to veterans and Gold and general statements of policy, which do Star families in his civilian life. Cor- not. We decided that the ROD fell squarely We note that legal commentators also sup- within CRA as an agency action that con- port the conclusion that CRA’s requirements poral Williams’ actions on Iwo Jima stituted a ‘‘statement of general . . . appli- are applicable to general statements of pol- are the definition of heroism. He went cability and future effect designed to imple- icy. They have pointed out that federal agen- forward alone, facing deadly machine- ment, interpret or prescribe law or policy.’’ cy actions fitting CRA’s definition of a rule gun fire from entrenched Japanese po- We also noted that Congress intended CRA include ‘‘such items as . . . general state- sitions and fought bravely for 4 hours, to cover, not only formal rulemaking, but ments of policy,’’ and that ‘‘the legislative taking out enemy positions one by one. also rules requiring notice and comment history of the Act . . . makes clear that this scope was understood and intended.’’ His actions were crucial to his regi- under 5 U.S.C. 553(c), rules that are not sub- ment’s success on Iwo Jima, wiping out ject to notice and comment requirements, Nonetheless, the Agencies assert that be- including rules that must be published in the cause the Guidance does not establish legally a heavily defended Japanese position. Federal Register before taking effect (5 U S binding standards, is not certain or final, In addition to Woody’s wartime her- C. 552(a)(1) and (2)), and other guidance docu- and does not substantially affect the rights oism, for which he received the Con- ments. Since a general statement of policy is or obligations of third parties, it is not a gressional Medal of Honor, he also has specifically included among the types of rule under CRA. They cite to our decisions in devoted his life to servicemembers, agency actions subject to the requirements which we found that agency actions that im- posed binding requirements that were ‘‘both veterans, and their families. Through of Sections 552(a)(1) (D) and (a)(2)(B), it is the Hershel Woody Williams Medal of clear that CRA covers general statements of certain and final’’ were rules for CRA pur- policy. poses. However, while our decisions recog- Honor Foundation, he honors Gold Star Additionally, in B–316048, April 17, 2008, we nize those characteristics as indicative of families who have lost loved ones that considered whether a letter issued by the certain types of rules subject to CRA re- bravely sacrificed their lives in defense Centers for Medicare and Medicaid Services quirements, they do not suggest that the ab- of our freedom by seeking to establish (CMS) to state health officials concerning sence of those characteristics requires a de- Gold Star Families Memorial Monu- the State Children’s Health Insurance Pro- termination that an agency action is not a ments in all 50 States. His foundation rule under CRA. Moreover, when GAO has ex- gram (SCHIP) was a rule under CRA. We con- also offers scholarships to Gold Star cluded that the letter was subject to CRA be- amined the issue whether an agency’s action cause it was, in fact, a rule subject to notice substantially affects the rights or obliga- children and sponsors outreach pro- and comment rulemaking requirements. tions of third parties, it has been in the con- grams that educate communities about However, in that decision we also discussed text of analyzing whether the action falls Gold Star families and the sacrifice general statements of policy under CRA. within the CRA exception for agency rules of that they have made. To date, the CMS had argued that the letter was a gen- practice or procedure, not in deciding wheth- foundation has established 26 Gold Star eral statement of policy ‘‘announcing the er it meets the definition of rule. Families Memorial Monuments across The Agencies also cite to language in cer- course which the agency intends to follow’’ the country, with 50 other monuments in future adjudications, i.e., what the agency tain court decisions to suggest that policy seeks to establish as policy. We explained statements are not rules under APA. How- underway in 38 States. Woody also that the definition of ‘‘rule’’ under both APA ever, those decisions do not support such a served our Nation’s veterans for 33 and CRA includes ‘‘a statement of general or conclusion. Indeed, the Supreme Court has years as a veterans service representa- particular applicability and future effect de- recognized that rules under the APA include tive in the Department of Veterans Af- signed to implement, interpret, or prescribe ‘‘’substantive [legislative] rules’ on the one fairs. law or policy.’’ As a device that provides in- hand’’ as well as ‘‘general statements of pol- At 94 years old, Woody continues to formation on the manner in which an agency icy’’ and other non-legislative rules on the be an energetic, unyielding force for will exercise its authority or what the agen- other. cy will seek to propose as policy, we noted We can readily conclude that the Guidance good. I have had the privilege of know- that a general statement of policy would ap- does not fall within any of the three excep- ing Woody Williams for many years, pear to fit squarely within this definition of tions in CRA. We note here that the Inter- and the christening of this mobile sea a rule subject to CRA. agency Guidance is of general and not par- base vessel is a testament to Woody’s

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.154 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6638 CONGRESSIONAL RECORD — SENATE October 19, 2017 bravery, his dedication to our Nation’s Tennessee and across the United States Aside from his sterling legal career, servicemembers, and his unwavering on the bicentennial of the birth of Bobby is an active member of his com- commitment to serving others. I am Baha’u’llah. munity, inspiring and helping others. proud to rise today to recognize Mr. f He serves his church as a volunteer and Williams and congratulate him on the a Sunday School teacher, and he has REMEMBERING EVELYNE J. christening of the USNS Hershel mentored the next generation of law- VILLINES ‘‘Woody’’ Williams. yers by coaching in various mock trial f Mr. GRASSLEY. Mr. President, competitions. His example reminds us today I wish to recognize the passing of that our roles as public servants extend 200TH ANNIVERSARY OF THE disability rights pioneer and my long- beyond the office. BIRTH OF BAHA’U’LLAH, THE time friend, Ms. Evelyne Villines. Ever It was an honor to recommend Bobby FOUNDER OF THE BAHA’I FAITH since I first met Evelyne during my Higdon to President Trump. Anyone Mr. ALEXANDER. Mr. President, I early years in the Iowa House of Rep- who works with him knows he is a am very pleased to draw attention resentatives, I knew her to be a fierce dedicated professional who has exten- today to the 200th anniversary of the advocate on behalf of those with dis- sive legal knowledge and expertise. In birth of Baha’u’llah, the founder of the abilities. She had an outstanding work addition, he is widely respected in the Baha’i Faith. ethic and never stopped campaigning law enforcement community, and these The Baha’i Faith has over 5 million for those with disabilities to be recog- relationships will be incredibly valu- followers around the world, including nized for their abilities and not by able as he takes on this important role. over 2,000 in Tennessee. Baha’is come what others saw as their limitations. Bobby understands the challenges and from virtually every racial, ethnic, na- Thanks to people like Evelyne, our issues facing North Carolina, and I tional, tribal, and linguistic back- society has made a lot of progress in know that he will continue to lead the ground on the planet. this area. Evelyne’s tireless work On October 22, 2017, Baha’i commu- U.S. Attorney’s Office with dignity and earned her recognition on both the respect. nities across the United States and State and national levels as an in- around the world will commemorate ductee into the Iowa Women’s Hall of f the 200th anniversary of the birth of Fame and the national Hall of Fame ADDITIONAL STATEMENTS Baha’u’llah—the founder of the Baha’i for Persons with Disabilities. Evelyne’s Faith—and celebrate his life and his efforts were recognized as paving the teachings. way for passage for the American with TRIBUTE TO NORMAN JOSEPH Baha’u’llah was born to a noble fam- Disabilities Act of 1990. ily in 1817 in Persia, modern-day Iran. She served on numerous commissions ∑ Mr. COCHRAN. Mr. President, I am As a young man, he was known for his and joined the board of SourceAmerica pleased to commend Norman Joseph of charity and service to others and was in its infancy, leading the company to Jackson, a leader in Mississippi ath- called the father of the poor. In 1844, he become one of the largest employers of letics, on his induction into the founded the Baha’i Faith, a new and people with disabilities in the Nation. Belhaven University Sports Hall of independent religion with its own Evelyne’s advocacy and resulting ac- Fame this month. Coach Joseph is a scriptures, laws, teachings, and prac- complishments have opened the doors Vicksburg native who played quarter- tices. of opportunity for people with disabil- back and defensive back at Mississippi Baha’u’llah proclaimed a message of ities. State University. As a coach in the justice, unity, and peace. This message I am honored to stand before you in recog- nearly four decades since, he has deliv- called for, among other things, the nizing Evelyne for her lifelong commitment ered a tradition of excellence, success, equality of women and men, an end to to service. Evelyne’s legacy will live on for and Christian character to student-ath- racial prejudice, universal education, years to come through the countless individ- letes in Mississippi and across the interfaith harmony, and international uals who will continue to benefit from her country. cooperation. As a result of his teach- life’s work. Norman Joseph has coached on every ings, Baha’u’llah was imprisoned and f level of 4-year college football. Start- exiled for over 40 years by the Persian TRIBUTE TO ROBERT HIGDON, JR. and Ottoman empires. ing and rebuilding teams became a Despite the injustice and oppression Mr. TILLIS. Mr. President, today I hallmark of his career. He built the he faced throughout his life, wish to recognize Robert Higdon, Jr., Belhaven University football program Baha’u’llah continued to promote a and congratulate him on his appoint- from the ground up and served as its message of peace and unity based upon ment as the U.S. Attorney for the East- inaugural head coach. Coach Joseph harmony within the human race. In ern District of North Carolina. launched Belhaven’s recruiting pro- every place to which he was banished, Bobby earned both his law degree and gram, designed its uniforms, and con- he touched the lives of all those around undergraduate degree from Wake For- sulted on the creation of practice fa- him. Even some of his opponents, after est University and has a decorated ca- cilities and a new athletic complex. meeting him, became his friends and reer in public service and in private Under his leadership, the football pro- admirers. practice. Prior to law school, he gram experienced immediate success Today Baha’is in Iran are still per- worked for then-Secretary of Transpor- and achieved a Top 25 ranking for 6 secuted for their faith, and human tation Elizabeth Dole and for Senator consecutive weeks during its second rights experts have called their situa- John East. Upon graduating from law season. tion one of the clearest and most se- school, Bobby served as a law clerk to Coach Joseph has coached at three vere cases of religious persecution in Judge Eugene H. Phillips on the North Jackson-area colleges. In addition to the world. Carolina Court of Appeals. After work- Belhaven, he served as quarterbacks The Baha’i Faith first arrived in the ing for several years in private prac- coach at Millsaps College and head U.S. over 120 years ago. Baha’is now tice, he began a successful career as a coach at Mississippi College in Clinton live in every State of the Union, in- Federal prosecutor. for nine seasons. cluding Tennessee, where the commu- From 1991 until 2015, Bobby served in At Mississippi College, Coach Joseph nity has grown to over 2,000 members. the U.S. Attorney’s Office and the U.S. took a program in decline and estab- Wherever they live, Baha’is cham- Department of Justice in a number of lished a winning culture. Under his pion the principles that Baha’u’llah roles, including chief of the criminal guidance, the team had an eight-win proclaimed. They strive to build a bet- division in the Eastern District of season in only 3 years. Within 5 years, ter world by being good citizens, serv- North Carolina. He has vast experience the team won the conference cham- ing their communities, and working investigating, prosecuting, and advis- pionship and went to the second round side by side with others to promote the ing on criminal cases, ranging from of the Division III playoffs. Coach Jo- common good. violent crime and drug trafficking to seph took his team to NCAA Top 25 Na- On this important occasion, I con- white collar and public integrity tional Rankings in scoring offense, gratulate the Baha’i community of crimes. total offense, passing offense, rushing

VerDate Sep 11 2014 07:11 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.148 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6639 offense, first downs, and fewest inter- TRIBUTE TO TODD DUNLAP ting your time and talent to enable the ∑ ceptions. In 2009, he coached Mis- ∑ Mr. DAINES. Mr. President, today I success of others. sissippi College to the American wish to recognize Todd Dunlap from f Southwest Conference cochampions East Helena, MT. Todd served in the EXECUTIVE AND OTHER and was named the 2009 American U.S. Navy for 24 years as an electronic COMMUNICATIONS Football Coaches Association Regional warfare and cryptology specialist, ulti- Coach of the Year and the 2009 Amer- The following communications were mately attaining the rank of master laid before the Senate, together with ican Southwest Conference Coach of chief petty officer, the highest enlisted the Year. accompanying papers, reports, and doc- rank in the Navy. Todd’s service in- uments, and were referred as indicated: Coach Joseph began his coaching ca- cluded seven deployments overseas in EC–3135. A communication from the Gen- reer at the University of Louisiana at support of Operation Iraqi Freedom eral Counsel, Federal Energy Regulatory Monroe as a position coach working for and other efforts. His work supported Commission, transmitting, pursuant to law, John David Crow, who was Bear Bry- Special Operations Forces on the the report of a rule entitled ‘‘Remedial Ac- ant’s only Heisman Trophy winner. He ground. tion Schemes Reliability Standard’’ ((18 CFR later returned to Louisiana Monroe as Todd’s service did not end when he Part 40) (Docket No. RM16–20–000)) received offensive coordinator and quarterbacks left Active Duty. He now works for the in the Office of the President of the Senate coach, delivering record offense, four on October 16, 2017; to the Committee on En- Montana Department of Veterans Af- ergy and Natural Resources. consecutive winning seasons, and three fairs and continues to support those EC–3136. A communication from the Gen- NCAA Division 1AA championship who have also served our country. His eral Counsel, Federal Energy Regulatory berths ranked at number four or high- peers view him as a highly skilled pro- Commission, transmitting, pursuant to law, er. fessional and subject matter expert, the report of a rule entitled ‘‘Balancing Au- and he has earned a reputation for self- thority Control, Inadvertent Interchange, He took over the Louisiana College and Facility Interconnection Reliability football program 3 years after that pro- less outreach across the State to assist Standards’’ ((RIN1902–AF30) (Docket No. gram was reinstated and compiled the veterans and their family members RM16–13–000)) received in the Office of the school’s best record in more than 40 navigate the VA. President of the Senate on October 16, 2017; years. As someone who continues to serve to the Committee on Energy and Natural Re- sources. He has also assisted programs at the members of the Armed Forces commu- nity, Todd is receiving a gift from a EC–3137. A communication from the Direc- University of Southern Mississippi, tor of the Regulatory Management Division, San Jose State University, Vanderbilt Montana organization that donates a Environmental Protection Agency, transmit- University, Louisiana Tech University, fully outfitted trip to military service- ting, pursuant to law, the report of a rule en- Northwestern State University, and members who have provided extraor- titled ‘‘Significant New Use Rule on Certain Midwestern State University. dinary service to our country and to Chemical Substances’’ ((RIN2070–AB27) (FRL those facing life-threatening illness. I No. 9966–84–OCSPP)) received in the Office of Coach Joseph has set offensive sincerely thank Todd for his continued the President of the Senate on October 16, records at every school he has coached, service to our great Nation. He is well- 2017; to the Committee on Environment and including an NCAA Division I record Public Works. deserving of this recognition. As an for combined total yards in a game, a EC–3138. A communication from the Direc- avid outdoorsman myself, I hope he record set in 2001 that remained intact tor of the Regulatory Management Division, tags a wonderful elk during his time until last year. Environmental Protection Agency, transmit- away with family.∑ ting, pursuant to law, the report of a rule en- Coach Joseph’s career has been fo- TRIBUTE TO CHRIS HINDOIEN titled ‘‘Promulgation of State Implementa- cused on more than gridiron wins and ∑ tion Plan Revisions; Infrastructure Require- records. As a coach, his attention to Mr. DAINES. Mr. President, this ments for the 2010 SO2 and 2010 PM2.5 Na- the development of players as individ- week, I have the distinct honor of rec- tional Ambient Air Quality Standards; North uals has resulted in academic and pro- ognizing an exceptional volunteer Dakota’’ (FRL No. 9966–00–Region 2) received named Chris Hindoien. Chris has helped in the Office of the President of the Senate fessional success for many young men. on October 16, 2017; to the Committee on En- Under his guidance, scores of players inform and educate Montanans serving in the National Guard or Reserve com- vironment and Public Works. have earned Academic All-Conference, EC–3139. A communication from the Direc- ponent, as well as their employers, All-American, All-Conference, and tor of the Regulatory Management Division, MVP honors. He has the distinction of about the rights and responsibilities Environmental Protection Agency, transmit- coaching three quarterbacks with associated with a military mobiliza- ting, pursuant to law, the report of a rule en- Super Bowl rings, and one of his former tion. titled ‘‘Oklahoma: Final Approval of State In August, Chris was recognized by Underground Storage Tank Program Revi- players is currently the head football sion’’ (FRL No. 9968–29–Region 6) received in coach of the Philadelphia Eagles. the Office of the Secretary of Defense for nearly 4 years of service as the the Office of the President of the Senate on Coach Joseph has been active in the State chairman of the Montana Em- October 16, 2017; to the Committee on Envi- ronment and Public Works. Fellowship of Christian Athletes. In ployer Support of the Guard and Re- 2016, he was appointed by Mississippi EC–3140. A communication from the Direc- serve, ESGR. For his efforts, Chris re- tor of the Regulatory Management Division, Governor Phil Bryant to the Gov- ceived the Exceptional Public Service Environmental Protection Agency, transmit- ernor’s Commission on Physical Fit- Award. During his stretch as chairman, ting, pursuant to law, the report of a rule en- ness and Sports. he worked tirelessly to make sure that titled ‘‘Interim Final Determination to I am proud to recognize Norman Jo- the relationship between military serv- Defer Sanctions; California; Los Angeles- South Coast Air Basin’’ (FRL No. 9969–03–Re- seph as an outstanding Mississippian. icemembers and their employers re- He and his wife, the former Jane Bird gion 9) received in the Office of the President mained strong across Big Sky Country. of the Senate on October 16, 2017; to the Com- of Vicksburg, have three daughters, Chris is the son of the late Brig. Gen. mittee on Environment and Public Works. Elizabeth, Grace Anne, and Sara Cath- Gary Hindoien, a former commander of EC–3141. A communication from the Direc- erine. Elizabeth serves on my staff. the Montana Air National Guard, so his tor of the Regulatory Management Division, This family is active at First Baptist demonstrated commitment to our Environmental Protection Agency, transmit- Church in Jackson where Coach Joseph State and our Nation comes as no sur- ting, pursuant to law, the report of a rule en- serves as a deacon. titled ‘‘Approval of Nebraska Air Quality Im- prise. plementation Plans; Adoption of a New Belhaven University’s long tradition Montana has a longstanding tradi- Chapter under the Nebraska Administrative of producing successful student-ath- tion of public service. Whether it be Code’’ (FRL No. 9968–76–Region 7) received in letes could not be accomplished with- working on an agriculture project as a the Office of the President of the Senate on out outstanding leadership from coach- Peace Corps volunteer or as an Army October 16, 2017; to the Committee on Envi- es and staff. I know Norman Joseph Ranger at the tip of the military spear, ronment and Public Works. EC–3142. A communication from the Direc- provided that leadership and character, the Montana attitude towards service tor of the Regulatory Management Division, and I am pleased he will be honored as to others continues to endure and Environmental Protection Agency, transmit- a member of the Belhaven University Chris’s work has enabled others to ting, pursuant to law, the report of a rule en- Sports Hall of Fame.∑ serve. Thank you, Chris, for commit- titled ‘‘Approval of Nebraska’s Air Quality

VerDate Sep 11 2014 07:11 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19OC6.064 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6640 CONGRESSIONAL RECORD — SENATE October 19, 2017 Implementation Plan; Operating Permits titled ‘‘Air Plan Approval; South Carolina; EC–3159. A communication from the Direc- Program, and 112(1) program; Revision to Ne- Interstate Transport (Prongs 1 and 2) for the tor of the Regulatory Management Division, braska Administrative Code’’ (FRL No. 9968– 2010 1-hour NO2 Standard’’ (FRL No. 9968–73– Environmental Protection Agency, transmit- 78–Region 7) received in the Office of the Region 4) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- President of the Senate on October 16, 2017; dent of the Senate on October 16, 2017; to the titled ‘‘Approval and Promulgation of Air to the Committee on Environment and Pub- Committee on Environment and Public Quality Implementation Plans; Pennsyl- lic Works. Works. vania; Adoption of Control Techniques EC–3143. A communication from the Direc- EC–3151. A communication from the Direc- Guidelines for Control of Volatile Organic tor of the Regulatory Management Division, tor of the Regulatory Management Division, Compound Emissions from Miscellaneous Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Metal Parts Surface Coating, Miscellaneous ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Plastic Parts Surface Coating, and Pleasure titled ‘‘Approval of Missouri Air Quality Im- titled ‘‘Air Plan Approval; North Carolina; Craft Surface Coatings’’ (FRL No. 9969–32– plementation Plans; Infrastructure SIP Re- Interstate Transport’’ (FRL No. 9968–72–Re- Region 3) received in the Office of the Presi- quirements for the 2010 Sulfur Dioxide Na- gion 4) received in the Office of the President dent of the Senate on October 16, 2017; to the tional Ambient Air Quality Standard’’ (FRL of the Senate on October 16, 2017; to the Com- Committee on Environment and Public No. 9968–80–Region 7) received in the Office of mittee on Environment and Public Works. Works. the President of the Senate on October 16, EC–3152. A communication from the Direc- EC–3160. A communication from the Direc- 2017; to the Committee on Environment and tor of the Regulatory Management Division, tor of the Regulatory Management Division, Public Works. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- EC–3144. A communication from the Direc- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, titled ‘‘Air Plan Approval; Georgia; Regional titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- Haze Progress Report’’ (FRL No. 9968–71–Re- Quality Implementation Plans; Minnesota; ting, pursuant to law, the report of a rule en- gion 4) received in the Office of the President Regional Haze Progress Report’’ (FRL No. titled ‘‘Approval of Missouri Air Quality Im- of the Senate on October 16, 2017; to the Com- 9969–59–Region 5) received in the Office of the plementation Plans; Infrastructure SIP Re- mittee on Environment and Public Works. President of the Senate on October 16, 2017; quirements for the 2008 Ozone National Am- EC–3153. A communication from the Direc- to the Committee on Environment and Pub- bient Air Quality Standard’’ (FRL No. 9968– tor of the Regulatory Management Division, lic Works. 82–Region 7) received in the Office of the Environmental Protection Agency, transmit- EC–3161. A communication from the Direc- President of the Senate on October 16, 2017; ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, to the Committee on Environment and Pub- titled ‘‘Air Plan Approval; Florida; Permit- Environmental Protection Agency, transmit- lic Works. ting Revisions’’ (FRL No. 9968–92–Region 4) ting, pursuant to law, the report of a rule en- EC–3145. A communication from the Direc- received in the Office of the President of the titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, Senate on October 16, 2017; to the Committee Quality Implementation Plans; District of Environmental Protection Agency, transmit- on Environment and Public Works. Columbia; Interstate Transport Require- EC–3154. A communication from the Direc- ting, pursuant to law, the report of a rule en- ments for the 2010 1-Hour Sulfur Dioxide tor of the Regulatory Management Division, titled ‘‘Approval of California Air Plan Revi- Standard’’ (FRL No. 9969–51–Region 3) re- Environmental Protection Agency, transmit- sions; Antelope Valley Air Quality Manage- ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- ment District’’ (FRL No. 9968–35–Region 9) Senate on October 16, 2017; to the Committee titled ‘‘Air Plan Approval; Alabama; Cross- received in the Office of the President of the on Environment and Public Works. State Air Pollution Rule’’ (FRL No. 9968–93– EC–3162. A communication from the Direc- Senate on October 16, 2017; to the Committee Region 4) received in the Office of the Presi- tor of the Regulatory Management Division, on Environment and Public Works. dent of the Senate on October 16, 2017; to the EC–3146. A communication from the Direc- Environmental Protection Agency, transmit- Committee on Environment and Public tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Works. Environmental Protection Agency, transmit- titled ‘‘Air Plan Approval; Vermont; Re- EC–3155. A communication from the Direc- gional Haze Five-Year Progress Report; ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Withdrawal of Direct Final Rule’’ (FRL No. titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- 9969–56–Region 1) received in the Office of the Quality Implementation Plans; State of ting, pursuant to law, the report of a rule en- President of the Senate on October 16, 2017; Utah; General Burning Rule Revisions’’ titled ‘‘Significant New Use Rules on Certain to the Committee on Environment and Pub- (FRL No. 9969–04–Region 8) received in the Chemical Substances’’ ((RIN2070–AB27) (FRL lic Works. Office of the President of the Senate on Oc- No. 9964–42–OCSPP)) received in the Office of EC–3163. A communication from the Direc- tober 16, 2017; to the Committee on Environ- the President of the Senate on October 16, tor of the Regulatory Management Division, ment and Public Works. 2017; to the Committee on Environment and Environmental Protection Agency, transmit- EC–3147. A communication from the Direc- Public Works. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, EC–3156. A communication from the Direc- titled ‘‘Air Plan Approval; South Carolina; Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Cross-State Air Pollution Rule’’ (FRL No. ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- 9969–27–Region 4) received in the Office of the titled ‘‘Approval and Promulgation of Air ting, pursuant to law, the report of a rule en- President of the Senate on October 16, 2017; Quality Implementation Plans; North Da- titled ‘‘Approval and Promulgation of State to the Committee on Environment and Pub- kota; Revisions to Air Pollution Control Air Quality Plans for Designated Facilities lic Works. Rules’’ (FRL No. 9969–05–Region 8) received and Pollutants: City of Philadelphia; Control EC–3164. A communication from the Direc- in the Office of the President of the Senate of Emissions from Existing Hospital/Medical/ tor of the Regulatory Management Division, on October 16, 2017; to the Committee on En- Infectious Waste Incinerator Units’’ (FRL Environmental Protection Agency, transmit- vironment and Public Works. No. 9969–45–Region 3) received in the Office of ting, pursuant to law, the report of a rule en- EC–3148. A communication from the Direc- the President of the Senate on September 21, titled ‘‘Air Plan Approval; SC; Multiple Re- tor of the Regulatory Management Division, 2017; to the Committee on Environment and visions to Air Pollution Control Standards’’ Environmental Protection Agency, transmit- Public Works. (FRL No. 9969–29–Region 4) received in the ting, pursuant to law, the report of a rule en- EC–3157. A communication from the Direc- Office of the President of the Senate on Oc- titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, tober 16, 2017; to the Committee on Environ- Quality Implementation Plans; Arizona; Re- Environmental Protection Agency, transmit- ment and Public Works. gional Haze State and Federal Implementa- ting, pursuant to law, the report of a rule en- EC–3165. A communication from the Direc- tion Plans’’ (FRL No. 9968–97–Region 9) re- titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, ceived in the Office of the President of the Quality Implementation Plans; West Vir- Environmental Protection Agency, transmit- Senate on October 16, 2017; to the Committee ginia; 2015 Ozone National Ambient Air Qual- ting, pursuant to law, the report of a rule en- on Environment and Public Works. ity Standards’’ (FRL No. 9969–48–Region 3) titled ‘‘Air Plan Approval; SC; Miscellaneous EC–3149. A communication from the Direc- received in the Office of the President of the Revisions to Multiple Rules’’ (FRL No. 9969– tor of the Regulatory Management Division, Senate on October 16, 2017; to the Committee 41–Region 4) received in the Office of the Environmental Protection Agency, transmit- on Environment and Public Works. President of the Senate on October 16, 2017; ting, pursuant to law, the report of a rule en- EC–3158. A communication from the Direc- to the Committee on Environment and Pub- titled ‘‘Air Plan Approval; Alabama; Preven- tor of the Regulatory Management Division, lic Works. tion of Significant Deterioration Updates’’ Environmental Protection Agency, transmit- EC–3166. A communication from the Direc- (FRL No. 9968–90–Region 4) received in the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Office of the President of the Senate on Oc- titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- tober 16, 2017; to the Committee on Environ- Quality Implementation Plans; Virginia; ting, pursuant to law, the report of a rule en- ment and Public Works. Amendment to Ambient Air Quality Stand- titled ‘‘Air Plan Approval; North Carolina; EC–3150. A communication from the Direc- ard for Ozone’’ (FRL No. 9969–40–Region 3) re- Air Curtain Burners’’ (FRL No. 9969–33–Re- tor of the Regulatory Management Division, ceived in the Office of the President of the gion 4) received in the Office of the President Environmental Protection Agency, transmit- Senate on October 16, 2017; to the Committee of the Senate on October 16, 2017; to the Com- ting, pursuant to law, the report of a rule en- on Environment and Public Works. mittee on Environment and Public Works.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.063 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6641 EC–3167. A communication from the Direc- the Office of the President of the Senate on mittee on Health, Education, Labor, and tor of the Regulatory Management Division, October 16, 2017; to the Committee on Envi- Pensions. Environmental Protection Agency, transmit- ronment and Public Works. EC–3185. A communication from the Assist- ting, pursuant to law, the report of a rule en- EC–3176. A communication from the Direc- ant Attorney General, Office of Legislative titled ‘‘Air Plan Approval; Ohio; Redesigna- tor of the Regulatory Management Division, Affairs, Department of Justice, transmit- tion of the Fulton County Area to Attain- Environmental Protection Agency, transmit- ting, pursuant to law, the second semi-an- ment of the 2008 Lead Standard’’ (FRL No. ting, pursuant to law, the report of a rule en- nual report of fiscal year 2016 of the Depart- 9969–67–Region 5) received in the Office of the titled ‘‘Air Plan Approval; AL; VOC Defini- ment of Justice’s Office of Privacy and Civil President of the Senate on October 16, 2017; tions and Particulate Emissions’’ (FRL No. Liberties; to the Committees on the Judici- to the Committee on Environment and Pub- 9969–36–Region 4) received in the Office of the ary; Homeland Security and Governmental lic Works. President of the Senate on October 16, 2017; Affairs; and Select Committee on Intel- EC–3168. A communication from the Direc- to the Committee on Environment and Pub- ligence. tor of the Regulatory Management Division, lic Works. EC–3186. A communication from the Assist- Environmental Protection Agency, transmit- EC–3177. A communication from the Direc- ant Attorney General, Office of Legislative ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Affairs, Department of Justice, transmit- titled ‘‘Air Plan Approval; Michigan; Re- Environmental Protection Agency, transmit- ting, pursuant to law, the first semi-annual gional Haze Progress Report’’ (FRL No. 9969– ting, pursuant to law, the report of a rule en- report of fiscal year 2016 of the Department 61–Region 5) received in the Office of the titled ‘‘Air Plan Approval; AL; VOC Defini- of Justice’s Office of Privacy and Civil Lib- President of the Senate on October 16, 2017; tions and Particulate Emissions’’ (FRL No. erties; to the Committees on the Judiciary; to the Committee on Environment and Pub- 9969–35–Region 4) received in the Office of the Homeland Security and Governmental Af- lic Works. President of the Senate on October 16, 2017; fairs; and Select Committee on Intelligence. EC–3169. A communication from the Direc- to the Committee on Environment and Pub- EC–3187. A communication from the Dep- tor of the Regulatory Management Division, lic Works. uty General Counsel, Office of Size Stand- Environmental Protection Agency, transmit- EC–3178. A communication from the Direc- ards, Small Business Administration, trans- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, mitting, pursuant to law, the report of a rule titled ‘‘Air Plan Approval; Kentucky; Re- Environmental Protection Agency, transmit- entitled ‘‘Small Business Size Standards; gional Haze Progress Report’’ (FRL No. 9969– ting, pursuant to law, the report of a rule en- Adoption of 2017 North American Industry 26–Region 4) received in the Office of the titled ‘‘Air Plan Approval; Alabama; PSD Classification System for Size Standards’’ President of the Senate on October 16, 2017; Replacement Units’’ (FRL No. 9969–22–Re- (RIN3245–AG84) received in the Office of the to the Committee on Environment and Pub- gion 4) received in the Office of the President President of the Senate on October 16, 2017; lic Works. of the Senate on October 16, 2017; to the Com- to the Committee on Small Business and En- EC–3170. A communication from the Direc- mittee on Environment and Public Works. trepreneurship. tor of the Regulatory Management Division, EC–3179. A communication from the Direc- EC–3188. A communication from the Execu- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, tive Analyst (Political), Department of ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Health and Human Services, transmitting, titled ‘‘Air Plan Approval; Illinois; Regional ting, pursuant to law, the report of a rule en- pursuant to law, a report relative to a va- Haze Progress Report’’ (FRL No. 9969–64–Re- titled ‘‘Air Plan Approval; South Carolina; cancy in the position of Secretary of Health gion 5) received in the Office of the President Standards for Volatile Organic Compounds and Human Services, received during ad- of the Senate on October 16, 2017; to the Com- and Oxides of Nitrogen’’ (FRL No. 9969–31– journment of the Senate in the Office of the mittee on Environment and Public Works. Region 4) received in the Office of the Presi- President of the Senate on October 10, 2017; EC–3171. A communication from the Direc- dent of the Senate on October 16, 2017; to the to the Committee on Finance. tor of the Regulatory Management Division, Committee on Environment and Public Environmental Protection Agency, transmit- Works. f ting, pursuant to law, the report of a rule en- EC–3180. A communication from the Direc- titled ‘‘Air Plan Approval; Georgia; Cross- tor of the Regulatory Management Division, REPORTS OF COMMITTEES State Air Pollution Rule’’ (FRL No. 9969–30– Environmental Protection Agency, transmit- The following reports of committees Region 4) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- were submitted: dent of the Senate on October 16, 2017; to the titled ‘‘Air Plan Approval; North Carolina; By Mr. JOHNSON, from the Committee on Committee on Environment and Public Transportation Conformity’’ (FRL No. 9969– Homeland Security and Governmental Af- Works. 28–Region 4) received in the Office of the fairs, without amendment: EC–3172. A communication from the Direc- President of the Senate on October 16, 2017; H.R. 194. A bill to ensure the effective proc- tor of the Regulatory Management Division, to the Committee on Environment and Pub- essing of mail by Federal agencies, and for Environmental Protection Agency, transmit- lic Works. other purposes (Rept. No. 115–176). ting, pursuant to law, the report of a rule en- EC–3181. A communication from the Direc- titled ‘‘Air Plan Approval; Georgia; New tor of the Regulatory Management Division, f Source Review Updates’’ (FRL No. 9969–43– Environmental Protection Agency, transmit- Region 4) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- EXECUTIVE REPORTS OF dent of the Senate on October 16, 2017; to the titled ‘‘Air Plan Approval; Alabama; Trans- COMMITTEES Committee on Environment and Public portation Conformity’’ (FRL No. 9969–24–Re- The following executive reports of Works. gion 4) received in the Office of the President nominations were submitted: EC–3173. A communication from the Direc- of the Senate on October 16, 2017; to the Com- tor of the Regulatory Management Division, mittee on Environment and Public Works. By Mr. ROBERTS for the Committee on Environmental Protection Agency, transmit- EC–3182. A communication from the Direc- Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, *Gregory Ibach, of Nebraska, to be Under titled ‘‘Air Plan Approval; Florida; Sta- Environmental Protection Agency, transmit- Secretary of Agriculture for Marketing and tionary Sources Emissions Monitoring’’ ting, pursuant to law, the report of a rule en- Regulatory Programs. (FRL No. 9969–39–Region 4) received in the titled ‘‘Air Plan Approval; Alabama; Trans- *William Northey, of Iowa, to be Under Office of the President of the Senate on Oc- portation Conformity’’ (FRL No. 9969–25–Re- Secretary of Agriculture for Farm and For- tober 16, 2017; to the Committee on Environ- gion 4) received in the Office of the President eign Agricultural Services. ment and Public Works. of the Senate on October 16, 2017; to the Com- By Mr. GRASSLEY for the Committee on EC–3174. A communication from the Direc- mittee on Environment and Public Works. the Judiciary. tor of the Regulatory Management Division, EC–3183. A communication from the Chief Annemarie Carney Axon, of Alabama, to be Environmental Protection Agency, transmit- of the Trade and Commercial Regulations United States District Judge for the North- ting, pursuant to law, the report of a rule en- Branch, Bureau of Customs and Border Pro- ern District of Alabama. titled ‘‘Air Plan Approval; Florida; Inter- tection, Department of Homeland Security, Michael Lawrence Brown, of Georgia, to be state Transport (Prongs 1 and 2 for the 2010 transmitting, pursuant to law, the report of United States District Judge for the North- 1-hour NO2 Standard)’’ (FRL No. 9969–20–Re- a rule entitled ‘‘Extension of Import Restric- ern District of Georgia. gion 4) received in the Office of the President tions Imposed on Archaeological and Ethno- Thomas Alvin Farr, of North Carolina, to of the Senate on October 16, 2017; to the Com- logical Materials from the Republic of Mali’’ be United States District Judge for the East- mittee on Environment and Public Works. (RIN1515–AE32) received during adjournment ern District of North Carolina. EC–3175. A communication from the Direc- of the Senate in the Office of the President William M. Ray II, of Georgia, to be United tor of the Regulatory Management Division, of the Senate on September 15, 2017; to the States District Judge for the Northern Dis- Environmental Protection Agency, transmit- Committee on Finance. trict of Georgia. ting, pursuant to law, the report of a rule en- EC–3184. A communication from the Acting John C. Demers, of Virginia, to be an As- titled ‘‘Air Plan Approval; Connecticut; Non- Assistant Secretary for Legislation, Depart- sistant Attorney General. attainment New Source Review Permit Re- ment of Health and Human Services, trans- Scott C. Blader, of Wisconsin, to be United quirements for the 2008 8-Hour Ozone Stand- mitting, pursuant to law, a report entitled States Attorney for the Western District of ard’’ (FRL No. 9969–54–Region 1) received in ‘‘Health, United States, 2016’’; to the Com- Wisconsin for the term of four years.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.065 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6642 CONGRESSIONAL RECORD — SENATE October 19, 2017 John R. Lausch, Jr., of Illinois, to be S. 1988. A bill to streamline broadband in- afterschool programs held on October 26, United States Attorney for the Northern Dis- frastructure permitting on established pub- 2017; to the Committee on Health, Education, trict of Illinois for the term of four years. lic rights-of-way, and for other purposes; to Labor, and Pensions. J. Douglas Overbey, of Tennessee, to be the Committee on Environment and Public By Mr. KING (for himself and Mrs. United States Attorney for the Eastern Dis- Works. CAPITO): trict of Tennessee for the term of four years. By Ms. KLOBUCHAR (for herself, Mr. S. Res. 298. A resolution supporting the Mark A. Klaassen, of Wyoming, to be WARNER, and Mr. MCCAIN): designation of September 2017 as ‘‘National United States Attorney for the District of S. 1989. A bill to enhance transparency and Alcohol and Drug Addiction Recovery Wyoming for the term of four years. accountability for online political advertise- Month’’; considered and agreed to. William C. Lamar, of Mississippi, to be ments by requiring those who purchase and By Mr. CASEY (for himself, Mr. ROB- United States Attorney for the Northern Dis- publish such ads to disclose information ERTS, and Mr. WICKER): trict of Mississippi for the term of four about the advertisements to the public, and S. Res. 299. A resolution expressing support years. for other purposes; to the Committee on for the designation of October 20, 2017, as the *Nomination was reported with rec- Rules and Administration. ‘‘National Day on Writing’’; considered and ommendation that it be confirmed sub- By Mr. TESTER (for himself, Mr. agreed to. BLUMENTHAL, and Ms. HIRONO): By Mr. CARDIN (for himself and Mr. ject to the nominee’s commitment to S. 1990. A bill to amend title 38, United VAN HOLLEN): respond to requests to appear and tes- States Code, to increase the amounts pay- S. Res. 300. A resolution recognizing the tify before any duly constituted com- able by the Department of Veterans Affairs 150th anniversary of McDaniel College; con- mittee of the Senate. for dependency and indemnity compensation, sidered and agreed to. (Nominations without an asterisk to modify the requirements for dependency f were reported with the recommenda- and indemnity compensation for survivors of ADDITIONAL COSPONSORS tion that they be confirmed.) certain veterans rated totally disabled at the time of death, and for other purposes; to the S. 236 f Committee on Veterans’ Affairs. By Ms. CANTWELL (for herself, Mr. At the request of Mr. WYDEN, the INTRODUCTION OF BILLS AND name of the Senator from California JOINT RESOLUTIONS RISCH, Mr. WYDEN, Mr. CRAPO, Mrs. MURRAY, and Mr. MERKLEY): (Ms. HARRIS) was added as a cosponsor The following bills and joint resolu- S. 1991. A bill to reduce the risk posed by of S. 236, a bill to amend the Internal tions were introduced, read the first wildfires to communities and the most at- Revenue Code of 1986 to reform tax- and second times by unanimous con- risk federally owned forests; to the Com- ation of alcoholic beverages. mittee on Energy and Natural Resources. sent, and referred as indicated: S. 301 By Mr. DURBIN (for himself, Mr. By Ms. BALDWIN (for herself, Mr. BLUMENTHAL, Mr. MARKEY, Ms. WAR- At the request of Mr. LANKFORD, the PETERS, and Ms. KLOBUCHAR): REN, Mr. CASEY, Mrs. GILLIBRAND, name of the Senator from South Caro- S. 1984. A bill to amend the Internal Rev- and Ms. DUCKWORTH): lina (Mr. SCOTT) was added as a cospon- enue Code of 1986 to increase the limitations S. 1992. A bill to amend title 18, United sor of S. 301, a bill to amend the Public for deductible new business expenditures and States Code, to require federally licensed Health Service Act to prohibit govern- to consolidate provisions for start-up and or- firearms importers, manufacturers, and deal- ganizational expenditures; to the Committee mental discrimination against pro- ers to meet certain requirements with re- viders of health services that are not on Finance. spect to securing their firearms inventory, By Mrs. MURRAY (for herself, Mr. business records, and business premises; to involved in abortion. CASEY, Mr. WYDEN, Mr. BLUMENTHAL, the Committee on the Judiciary. S. 479 Mrs. SHAHEEN, Mrs. GILLIBRAND, Mr. By Mrs. FEINSTEIN: At the request of Mr. BROWN, the LEAHY, Mr. KAINE, Ms. STABENOW, S. 1993. A bill to adjust the boundary of the name of the Senator from Indiana (Mr. Mr. BOOKER, Ms. CANTWELL, Ms. KLO- Santa Monica Mountains National Recre- BUCHAR, Mr. NELSON, Mr. DURBIN, Mr. YOUNG) was added as a cosponsor of S. ation Area to include the Rim of the Valley 479, a bill to amend title XVIII of the REED, Ms. HASSAN, Mr. WHITEHOUSE, Corridor, and for other purposes; to the Com- Ms. BALDWIN, Mr. SANDERS, Mr. HEIN- mittee on Energy and Natural Resources. Social Security Act to waive coinsur- RICH, Ms. DUCKWORTH, Mr. FRANKEN, By Mr. CORNYN (for himself, Mr. ance under Medicare for colorectal can- Mr. MARKEY, Mr. BENNET, Ms. CORTEZ WHITEHOUSE, and Mr. LEE): cer screening tests, regardless of MASTO, Ms. WARREN, Ms. HIRONO, Mr. S. 1994. A bill to reduce recidivism and in- whether therapeutic intervention is re- COONS, Mr. VAN HOLLEN, Mr. MENEN- crease public safety, and for other purposes; quired during the screening. DEZ, Mr. BROWN, Mr. MERKLEY, Mr. to the Committee on the Judiciary. UDALL, Ms. HARRIS, Mr. MURPHY, Mr. S. 497 f CARDIN, Mrs. FEINSTEIN, and Mr. At the request of Ms. CANTWELL, the KING): SUBMISSION OF CONCURRENT AND names of the Senator from Indiana S. 1985. A bill to repeal the rules issued by SENATE RESOLUTIONS (Mr. YOUNG) and the Senator from Mas- the Department of the Treasury, the Depart- sachusetts (Ms. WARREN) were added as ment of Labor, and the Department of The following concurrent resolutions and Senate resolutions were read, and cosponsors of S. 497, a bill to amend Health and Human Services entitled ‘‘Reli- title XVIII of the Social Security Act gious Exemptions and Accommodations for referred (or acted upon), as indicated: to provide for Medicare coverage of Coverage of Certain Preventive Services By Ms. KLOBUCHAR (for herself and certain lymphedema compression Under the Affordable Care Act’’ and ‘‘Moral Mr. FRANKEN): Exemptions and Accommodations for Cov- S. Res. 294. A resolution congratulating the treatment items as items of durable erage of Certain Preventive Services Under Minnesota Lynx women’s basketball team on medical equipment. the Affordable Care Act’’; to the Committee winning the 2017 Women’s National Basket- S. 654 on Health, Education, Labor, and Pensions. ball Association championship; to the Com- At the request of Mr. TOOMEY, the By Mr. FRANKEN (for himself, Ms. mittee on Commerce, Science, and Transpor- name of the Senator from Oregon (Mr. MURKOWSKI, and Mr. UDALL): tation. MERKLEY) was added as a cosponsor of S. 1986. A bill to amend the Indian Civil By Ms. BALDWIN (for herself, Mr. ROB- Rights Act of 1968 to extend the jurisdiction ERTS, Mr. BROWN, Ms. HASSAN, Mr. S. 654, a bill to revise section 48 of title of tribal courts to cover crimes involving FRANKEN, Mr. MORAN, Mrs. MURRAY, 18, United States Code, and for other sexual violence, and for other purposes; to Mr. SANDERS, Mrs. SHAHEEN, Mr. purposes. the Committee on Indian Affairs. YOUNG, and Mr. KING): S. 1110 By Mr. GRASSLEY (for himself and S. Res. 295. A resolution designating Octo- At the request of Ms. DUCKWORTH, Mrs. ERNST): ber 2017 as ‘‘National Employee Ownership S. 1987. A bill to provide for the convey- Month’’; to the Committee on the Judiciary. the name of the Senator from Mary- ance to the State of Iowa of the reversionary By Ms. KLOBUCHAR (for herself and land (Mr. CARDIN) was added as a co- interest held by the United States in and to Mr. HOEVEN): sponsor of S. 1110, a bill to amend title certain land in Pottawattamie County, Iowa, S. Res. 296. A resolution designating the 49, United States Code, to provide for and to express the sense of Congress relating week of November 5 through 12, 2017, as ‘‘Na- private lactation areas in the termi- to the continued provision of information re- tional Carbon Monoxide Poisoning Aware- nals of large and medium hub airports, lating to certain national historic trails; to ness Week’’; to the Committee on the Judici- and for other purposes. the Committee on Energy and Natural Re- ary. sources. By Mr. FRANKEN: S. 1364 By Mr. WICKER (for himself and Ms. S. Res. 297. A resolution supporting Lights At the request of Mr. MENENDEZ, the CORTEZ MASTO): On Afterschool, a national celebration of name of the Senator from California

VerDate Sep 11 2014 07:11 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.060 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6643 (Ms. HARRIS) was added as a cosponsor S. 1732 S. RES. 211 of S. 1364, a bill to establish within the At the request of Mr. WHITEHOUSE, At the request of Mr. TOOMEY, the Smithsonian Institution the National the name of the Senator from Michigan name of the Senator from Maryland Museum of the American Latino, and (Ms. STABENOW) was added as a cospon- (Mr. CARDIN) was added as a cosponsor for other purposes. sor of S. 1732, a bill to amend title XI of S. Res. 211, a resolution condemning S. 1503 of the Social Security Act to promote the violence and persecution in At the request of Ms. WARREN, the testing of incentive payments for be- Chechnya. names of the Senator from New Hamp- havioral health providers for adoption S. RES. 250 shire (Ms. HASSAN) and the Senator and use of certified electronic health At the request of Mr. DURBIN, the from Connecticut (Mr. MURPHY) were record technology. name of the Senator from New Hamp- added as cosponsors of S. 1503, a bill to S. 1827 shire (Ms. HASSAN) was added as a co- require the Secretary of the Treasury At the request of Mr. WYDEN, the sponsor of S. Res. 250, a resolution con- to mint coins in recognition of the 60th name of the Senator from Indiana (Mr. demning horrific acts of violence anniversary of the Naismith Memorial DONNELLY) was added as a cosponsor of against Burma’s Rohingya population Basketball Hall of Fame. S. 1827, a bill to extend funding for the and calling on Aung San Suu Kyi to S. 1580 Children’s Health Insurance Program, play an active role in ending this hu- At the request of Mr. RUBIO, the and for other purposes. manitarian tragedy. S. 1857 name of the Senator from Massachu- AMENDMENT NO. 1141 setts (Mr. MARKEY) was added as a co- At the request of Mrs. CAPITO, the At the request of Ms. CANTWELL, the name of the Senator from Mississippi sponsor of S. 1580, a bill to enhance the names of the Senator from Connecticut transparency, improve the coordina- (Mr. WICKER) was added as a cosponsor (Mr. BLUMENTHAL), the Senator from tion, and intensify the impact of assist- of S. 1857, a bill to establish a compli- California (Ms. HARRIS) and the Sen- ance to support access to primary and ance deadline of May 15, 2023, for Step ator from Minnesota (Ms. KLOBUCHAR) 2 emissions standards for new residen- secondary education for displaced chil- were added as cosponsors of amend- tial wood heaters, new residential dren and persons, including women and ment No. 1141 proposed to H. Con. Res. hydronic heaters, and forced-air fur- girls, and for other purposes. 71, a concurrent resolution establishing naces. S. 1589 the congressional budget for the United At the request of Mr. ROBERTS, the S. 1916 States Government for fiscal year 2018 names of the Senator from Indiana At the request of Mrs. FEINSTEIN, the and setting forth the appropriate budg- (Mr. DONNELLY) and the Senator from name of the Senator from Michigan etary levels for fiscal years 2019 Iowa (Mrs. ERNST) were added as co- (Ms. STABENOW) was added as a cospon- through 2027. sponsors of S. 1589, a bill to amend the sor of S. 1916, a bill to prohibit the pos- AMENDMENT NO. 1197 Internal Revenue Code of 1986 and the session or transfer of certain firearm Small Business Act to expand the accessories, and for other purposes. At the request of Mr. WYDEN, the name of the Senator from California availability of employee stock owner- S. 1945 (Mrs. FEINSTEIN) was added as a co- ship plans in S corporations, and for At the request of Mr. MENENDEZ, the other purposes. name of the Senator from Delaware sponsor of amendment No. 1197 in- tended to be proposed to H. Con. Res. S. 1632 (Mr. COONS) was added as a cosponsor 71, a concurrent resolution establishing At the request of Mr. MORAN, the of S. 1945, a bill to regulate large ca- the congressional budget for the United names of the Senator from Kansas (Mr. pacity ammunition feeding devices. States Government for fiscal year 2018 ROBERTS) and the Senator from New S. 1960 and setting forth the appropriate budg- Hampshire (Ms. HASSAN) were added as At the request of Mrs. MCCASKILL, etary levels for fiscal years 2019 cosponsors of S. 1632, a bill to establish the names of the Senator from New through 2027. an additional fund in the Treasury to Hampshire (Mrs. SHAHEEN), the Sen- meet existing statutory obligations to ator from Pennsylvania (Mr. CASEY) AMENDMENT NO. 1228 reimburse costs reasonably incurred as and the Senator from Illinois (Mr. DUR- At the request of Ms. HEITKAMP, the a result of the reorganization of broad- BIN) were added as cosponsors of S. names of the Senator from New Mexico cast television spectrum, and for other 1960, a bill to repeal the amendments (Mr. HEINRICH) and the Senator from purposes. made to the Controlled Substances Act Washington (Mrs. MURRAY) were added S. 1690 by the Ensuring Patient Access and Ef- as cosponsors of amendment No. 1228 proposed to H. Con. Res. 71, a concur- At the request of Ms. DUCKWORTH, fective Drug Enforcement Act of 2016. the names of the Senator from Oregon S. 1967 rent resolution establishing the con- gressional budget for the United States (Mr. MERKLEY) and the Senator from At the request of Mr. COTTON, the Government for fiscal year 2018 and Ohio (Mr. BROWN) were added as co- name of the Senator from Georgia (Mr. sponsors of S. 1690, a bill to amend the ISAKSON) was added as a cosponsor of S. setting forth the appropriate budgetary Higher Education Act of 1965 to provide 1967, a bill to amend the Internal Rev- levels for fiscal years 2019 through 2027. greater support to students with de- enue Code of 1986 to provide additional AMENDMENT NO. 1247 pendents, and for other purposes. exemptions to the individual mandate, At the request of Mr. BOOKER, the S. 1706 and for other purposes. name of the Senator from New Jersey At the request of Mr. SCHATZ, his S. 1970 (Mr. MENENDEZ) was added as a cospon- name was added as a cosponsor of S. At the request of Mr. BENNET, the sor of amendment No. 1247 intended to 1706, a bill to prevent human health names of the Senator from Nevada (Ms. be proposed to H. Con. Res. 71, a con- threats posed by the consumption of CORTEZ MASTO) and the Senator from current resolution establishing the equines raised in the United States. California (Ms. HARRIS) were added as congressional budget for the United At the request of Mr. MENENDEZ, the cosponsors of S. 1970, a bill to establish States Government for fiscal year 2018 name of the Senator from Connecticut a public health plan. and setting forth the appropriate budg- (Mr. BLUMENTHAL) was added as a co- S. CON. RES. 7 etary levels for fiscal years 2019 sponsor of S. 1706, supra. At the request of Mr. ROBERTS, the through 2027. S. 1719 name of the Senator from Wisconsin AMENDMENT NO. 1248 At the request of Mr. BLUNT, the (Ms. BALDWIN) was added as a cospon- At the request of Mr. BOOKER, the name of the Senator from Oregon (Mr. sor of S. Con. Res. 7, a concurrent reso- name of the Senator from New Jersey MERKLEY) was added as a cosponsor of lution expressing the sense of Congress (Mr. MENENDEZ) was added as a cospon- S. 1719, a bill to eliminate duties on im- that tax-exempt fraternal benefit soci- sor of amendment No. 1248 intended to ports of recreational performance out- eties have historically provided and be proposed to H. Con. Res. 71, a con- erwear, to establish the Sustainable continue to provide critical benefits to current resolution establishing the Textile and Apparel Research Fund, the people and communities of the congressional budget for the United and for other purposes. United States. States Government for fiscal year 2018

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.070 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6644 CONGRESSIONAL RECORD — SENATE October 19, 2017 and setting forth the appropriate budg- AMENDMENT NO. 1318 (Mr. WYDEN) and the Senator from New etary levels for fiscal years 2019 At the request of Mr. BLUMENTHAL, York (Mrs. GILLIBRAND) were added as through 2027. his name was added as a cosponsor of cosponsors of amendment No. 1354 in- AMENDMENT NO. 1271 amendment No. 1318 intended to be pro- tended to be proposed to H. Con. Res. posed to H. Con. Res. 71, a concurrent At the request of Mr. WYDEN, the 71, a concurrent resolution establishing names of the Senator from Connecticut resolution establishing the congres- the congressional budget for the United sional budget for the United States (Mr. BLUMENTHAL), the Senator from States Government for fiscal year 2018 Government for fiscal year 2018 and Pennsylvania (Mr. CASEY), the Senator and setting forth the appropriate budg- setting forth the appropriate budgetary from Vermont (Mr. SANDERS), the Sen- etary levels for fiscal years 2019 levels for fiscal years 2019 through 2027. ator from Hawaii (Ms. HIRONO) and the through 2027. Senator from Massachusetts (Ms. WAR- AMENDMENT NO. 1319 AMENDMENT NO. 1372 REN) were added as cosponsors of At the request of Mr. REED, his name At the request of Ms. HIRONO, the amendment No. 1271 intended to be pro- was added as a cosponsor of amend- name of the Senator from California posed to H. Con. Res. 71, a concurrent ment No. 1319 intended to be proposed (Mrs. FEINSTEIN) was added as a co- resolution establishing the congres- to H. Con. Res. 71, a concurrent resolu- sponsor of amendment No. 1372 in- sional budget for the United States tion establishing the congressional tended to be proposed to H. Con. Res. Government for fiscal year 2018 and budget for the United States Govern- 71, a concurrent resolution establishing setting forth the appropriate budgetary ment for fiscal year 2018 and setting the congressional budget for the United levels for fiscal years 2019 through 2027. forth the appropriate budgetary levels States Government for fiscal year 2018 for fiscal years 2019 through 2027. and setting forth the appropriate budg- AMENDMENT NO. 1273 AMENDMENT NO. 1321 etary levels for fiscal years 2019 At the request of Mr. WYDEN, the At the request of Mr. BLUMENTHAL, through 2027. name of the Senator from North Caro- his name was added as a cosponsor of AMENDMENT NO. 1373 lina (Mr. BURR) was added as a cospon- amendment No. 1321 intended to be pro- At the request of Ms. HIRONO, the sor of amendment No. 1273 intended to posed to H. Con. Res. 71, a concurrent names of the Senator from New Jersey be proposed to H. Con. Res. 71, a con- resolution establishing the congres- (Mr. MENENDEZ) and the Senator from current resolution establishing the sional budget for the United States California (Mrs. FEINSTEIN) were added congressional budget for the United Government for fiscal year 2018 and as cosponsors of amendment No. 1373 States Government for fiscal year 2018 setting forth the appropriate budgetary intended to be proposed to H. Con. Res. and setting forth the appropriate budg- levels for fiscal years 2019 through 2027. 71, a concurrent resolution establishing etary levels for fiscal years 2019 AMENDMENT NO. 1330 the congressional budget for the United through 2027. At the request of Mrs. FEINSTEIN, her States Government for fiscal year 2018 AMENDMENT NO. 1301 name was added as a cosponsor of and setting forth the appropriate budg- At the request of Ms. CANTWELL, the amendment No. 1330 intended to be pro- etary levels for fiscal years 2019 names of the Senator from New Mexico posed to H. Con. Res. 71, a concurrent through 2027. (Mr. UDALL), the Senator from Massa- resolution establishing the congres- AMENDMENT NO. 1378 chusetts (Mr. MARKEY), the Senator sional budget for the United States At the request of Mr. BROWN, the from Colorado (Mr. BENNET), the Sen- Government for fiscal year 2018 and name of the Senator from Illinois (Mr. ator from New Mexico (Mr. HEINRICH), setting forth the appropriate budgetary DURBIN) was added as a cosponsor of the Senator from Minnesota (Ms. KLO- levels for fiscal years 2019 through 2027. amendment No. 1378 proposed to H. BUCHAR), the Senator from Washington AMENDMENT NO. 1332 Con. Res. 71, a concurrent resolution (Mrs. MURRAY), the Senator from Con- At the request of Ms. STABENOW, the establishing the congressional budget necticut (Mr. BLUMENTHAL), the Sen- names of the Senator from Massachu- for the United States Government for ator from Rhode Island (Mr. WHITE- setts (Ms. WARREN), the Senator from fiscal year 2018 and setting forth the HOUSE), the Senator from Wisconsin Rhode Island (Mr. REED) and the Sen- appropriate budgetary levels for fiscal (Ms. BALDWIN) and the Senator from ator from California (Mrs. FEINSTEIN) years 2019 through 2027. Maryland (Mr. CARDIN) were added as were added as cosponsors of amend- AMENDMENT NO. 1383 cosponsors of amendment No. 1301 pro- ment No. 1332 intended to be proposed At the request of Ms. WARREN, the posed to H. Con. Res. 71, a concurrent to H. Con. Res. 71, a concurrent resolu- names of the Senator from Colorado resolution establishing the congres- tion establishing the congressional (Mr. BENNET) and the Senator from sional budget for the United States budget for the United States Govern- Ohio (Mr. BROWN) were added as co- Government for fiscal year 2018 and ment for fiscal year 2018 and setting sponsors of amendment No. 1383 in- setting forth the appropriate budgetary forth the appropriate budgetary levels tended to be proposed to H. Con. Res. levels for fiscal years 2019 through 2027. for fiscal years 2019 through 2027. 71, a concurrent resolution establishing AMENDMENT NO. 1305 AMENDMENT NO. 1333 the congressional budget for the United At the request of Mr. LANKFORD, the At the request of Ms. STABENOW, the States Government for fiscal year 2018 name of the Senator from Utah (Mr. name of the Senator from West Vir- and setting forth the appropriate budg- LEE) was added as a cosponsor of ginia (Mr. MANCHIN) was added as a co- etary levels for fiscal years 2019 amendment No. 1305 intended to be pro- sponsor of amendment No. 1333 in- through 2027. posed to H. Con. Res. 71, a concurrent tended to be proposed to H. Con. Res. AMENDMENT NO. 1386 resolution establishing the congres- 71, a concurrent resolution establishing At the request of Ms. WARREN, the sional budget for the United States the congressional budget for the United name of the Senator from California Government for fiscal year 2018 and States Government for fiscal year 2018 (Mrs. FEINSTEIN) was added as a co- setting forth the appropriate budgetary and setting forth the appropriate budg- sponsor of amendment No. 1386 in- levels for fiscal years 2019 through 2027. etary levels for fiscal years 2019 tended to be proposed to H. Con. Res. AMENDMENT NO. 1315 through 2027. 71, a concurrent resolution establishing At the request of Mr. BOOKER, the AMENDMENT NO. 1354 the congressional budget for the United name of the Senator from California At the request of Mrs. MURRAY, the States Government for fiscal year 2018 (Mrs. FEINSTEIN) was added as a co- names of the Senator from Connecticut and setting forth the appropriate budg- sponsor of amendment No. 1315 in- (Mr. BLUMENTHAL), the Senator from etary levels for fiscal years 2019 tended to be proposed to H. Con. Res. Hawaii (Ms. HIRONO), the Senator from through 2027. 71, a concurrent resolution establishing Wisconsin (Ms. BALDWIN), the Senator AMENDMENT NO. 1387 the congressional budget for the United from Maryland (Mr. VAN HOLLEN), the At the request of Ms. WARREN, the States Government for fiscal year 2018 Senator from New Jersey (Mr. MENEN- name of the Senator from Connecticut and setting forth the appropriate budg- DEZ), the Senator from Ohio (Mr. (Mr. BLUMENTHAL) was added as a co- etary levels for fiscal years 2019 BROWN), the Senator from New Jersey sponsor of amendment No. 1387 in- through 2027. (Mr. BOOKER), the Senator from Oregon tended to be proposed to H. Con. Res.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.072 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6645 71, a concurrent resolution establishing SEC. 2. SECURITY REQUIREMENTS FOR FEDER- ‘‘(II) may subject the licensee to a civil the congressional budget for the United ALLY LICENSED FIREARMS IMPORT- penalty in an amount provided in clause (i); ERS, MANUFACTURERS, AND DEAL- or States Government for fiscal year 2018 ERS. ‘‘(iii) in the case of the third violation or and setting forth the appropriate budg- (a) IN GENERAL.—Section 923 of title 18, related series of violations on the same United States Code, is amended by adding at etary levels for fiscal years 2019 date— through 2027. the end the following: ‘‘(m) SECURITY REQUIREMENTS.— ‘‘(I) shall revoke the license issued to the AMENDMENT NO. 1388 ‘‘(1) RELATION TO PROVISION GOVERNING GUN licensee under this chapter; and At the request of Ms. WARREN, the SHOWS.—This subsection shall apply to a li- ‘‘(II) may subject the licensee to a civil names of the Senator from Vermont censed importer, licensed manufacturer, or penalty in an amount provided in clause (i). ‘‘(B) REVIEW.—An action of the Attorney (Mr. LEAHY), the Senator from Massa- licensed dealer except as provided in sub- General under this paragraph may be re- chusetts (Mr. MARKEY) and the Senator section (j). ‘‘(2) FIREARM STORAGE.— viewed only as provided under section 923(f). from New Hampshire (Mrs. SHAHEEN) ‘‘(A) IN GENERAL.—A person who is a li- ‘‘(2) ADMINISTRATIVE REMEDIES.—The impo- were added as cosponsors of amend- censed importer, licensed manufacturer, or sition of a civil penalty or suspension or rev- ment No. 1388 intended to be proposed licensed dealer shall keep and store each ocation of a license under paragraph (1) shall to H. Con. Res. 71, a concurrent resolu- firearm in the business inventory of the li- not preclude any administrative remedy that tion establishing the congressional censee at the premises covered by the li- is otherwise available to the Attorney Gen- budget for the United States Govern- cense. eral.’’. ‘‘(B) MEANS OF STORAGE.—When the prem- (c) APPLICATION REQUIREMENT.—Section 923 ment for fiscal year 2018 and setting of title 18, United States Code, is amended— forth the appropriate budgetary levels ises covered by the license are not open for business, the licensee shall, with respect to (1) in subsection (a), in the second sen- for fiscal years 2019 through 2027. each firearm in the business inventory of the tence, by striking ‘‘be in such form and con- AMENDMENT NO. 1391 licensee— tain only that’’ and inserting ‘‘describe how At the request of Mr. REED, the ‘‘(i) secure the firearm with a hardened the applicant plans to comply with sub- 1 section (m) and shall be in such form and names of the Senator from New York steel rod ⁄4 inch thick through the space be- tween the trigger guard, and the frame or re- contain only such other’’; and (Mrs. GILLIBRAND) and the Senator ceiver, of the firearm, with— (2) in subsection (d)(1)— from West Virginia (Mr. MANCHIN) were ‘‘(I) the steel rod secured by a hardened (A) in subparagraph (F), by striking ‘‘and’’ added as cosponsors of amendment No. steel lock that has a shackle; at the end; 1391 intended to be proposed to H. Con. ‘‘(II) the lock and shackle protected or (B) in subparagraph (G), by striking the pe- Res. 71, a concurrent resolution estab- shielded from the use of a bolt cutter; and riod at the end and inserting ‘‘; and’’; and lishing the congressional budget for ‘‘(III) the rod anchored to prevent the re- (C) by adding at the end the following: the United States Government for fis- moval of the firearm from the premises; or ‘‘(H) the Attorney General determines that cal year 2018 and setting forth the ap- ‘‘(ii) store the firearm in— the description in the application of how the applicant plans to comply with subsection propriate budgetary levels for fiscal ‘‘(I) a locked fireproof safe; ‘‘(II) a locked gun cabinet (and if the (m) would, if implemented, so comply.’’. years 2019 through 2027. locked gun cabinet is not steel, each firearm (d) EFFECTIVE DATES.— AMENDMENT NO. 1398 within the cabinet shall be secured with a (1) INITIAL FIREARM STORAGE REQUIRE- At the request of Ms. DUCKWORTH, hardened steel rod 1⁄4 inch thick, protected or MENTS.—Section 923(m)(2) of title 18, United the name of the Senator from Con- shielded from the use of a bolt cutter and an- States Code, as added by subsection (a), shall chored to prevent the removal of the firearm take effect on the date that is 1 year after necticut (Mr. BLUMENTHAL) was added from the premises); or the date of enactment of this Act. as a cosponsor of amendment No. 1398 ‘‘(III) a locked vault. (2) INITIAL PAPER RECORDS STORAGE RE- intended to be proposed to H. Con. Res. ‘‘(3) PAPER RECORD STORAGE.—When the QUIREMENTS.—Section 923(m)(3) of title 18, 71, a concurrent resolution establishing premises covered by the license are not open United States Code, as added by subsection the congressional budget for the United for business, the licensee shall store each (a), shall take effect on the date that is 90 States Government for fiscal year 2018 paper record of the business inventory and days after the date of enactment of this Act. and setting forth the appropriate budg- firearm transactions of, and other disposi- By Mrs. FEINSTEIN: etary levels for fiscal years 2019 tions of firearms by, the licensee at the premises in a secure location such as a S. 1993. A bill to adjust the boundary through 2027. locked fireproof safe or locked vault. of the Santa Monica Mountains Na- ‘‘(4) ADDITIONAL SECURITY REQUIREMENTS.— tional Recreation Area to include the f The Attorney General may, by regulation, Rim of the Valley Corridor, and for prescribe such additional security require- other purposes; to the Committee on STATEMENTS ON INTRODUCED ments as the Attorney General determines Energy and Natural Resources. BILLS AND JOINT RESOLUTIONS appropriate with respect to the firearms business conducted by a licensed importer, Mrs. FEINSTEIN. Mr. President, I By Mr. DURBIN (for himself, Mr. licensed manufacturer, or licensed dealer, am pleased to introduce the Rim of the BLUMENTHAL, Mr. MARKEY, Ms. such as requirements relating to the use of— Valley Corridor Preservation Act. This WARREN, Mr. CASEY, Mrs. GILLI- ‘‘(A) alarm and security camera systems; legislation expands the boundary of the BRAND, and Ms. DUCKWORTH): ‘‘(B) site hardening; and Santa Monica Mountains National S. 1992. A bill to amend title 18, ‘‘(C) other measures necessary to reduce Recreation Area to provide sur- United States Code, to require feder- the risk of theft at the business premises of rounding communities much-needed a licensee.’’. ally licensed firearms importers, man- (b) PENALTIES.—Section 924 of title 18, additional access to nature while main- ufacturers, and dealers to meet certain United States Code, is amended by adding at taining private property rights and ex- requirements with respect to securing the end the following: isting local land use authorities. their firearms inventory, business ‘‘(q) PENALTIES FOR NONCOMPLIANCE WITH This bill adds an additional 191,000 records, and business premises; to the FIREARMS LICENSEE SECURITY REQUIRE- acres, known as the Rim of the Valley Committee on the Judiciary. MENTS.— Unit, to better protect natural re- ‘‘(1) IN GENERAL.— Mr. DURBIN. Mr. President, I ask sources and habitats, and provide mem- ‘‘(A) PENALTY.—With respect to a violation unanimous consent that the text of the by a licensee of section 923(m) or a regula- bers of the local community with im- bill be printed in the RECORD. tion issued under that section, the Attorney proved recreational and educational There being no objection, the text of General, after notice and opportunity for opportunities. the bill was ordered to be printed in hearing— This proposed expansion comes at the the RECORD, as follows: ‘‘(i) in the case of the first violation or re- recommendation of the National Park lated series of violations on the same date, S. 1992 Service after a six-year special re- shall subject the licensee to a civil penalty source study of the area. The study was Be it enacted by the Senate and House of Rep- in an amount equal to not less than $1,000 directed by Congress in the Rim of the resentatives of the United States of America in and not more than $10,000; Congress assembled, Valley Corridor Study Act, passed in ‘‘(ii) in the case of the second violation or 2008. The National Park Service’s rec- SECTION 1. SHORT TITLE. related series of violations on the same This Act may be cited as the ‘‘Safety En- date— ommendation takes into account over hancements for Communities Using Reason- ‘‘(I) shall suspend the license issued to the 2,000 comments received from the pub- able and Effective Firearm Storage Act’’ or licensee under this chapter until the licensee lic, elected officials, local organiza- the ‘‘SECURE Firearm Storage Act’’. cures the violation; and tions, and other stakeholders.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.074 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6646 CONGRESSIONAL RECORD — SENATE October 19, 2017 This legislation will significantly ex- TITLE II—BUREAU OF PRISONS SECURE gies for each type of program offered, and pand outdoor recreational opportuni- FIREARMS STORAGE may use analyses of similar programs con- ties for residents of Los Angeles Coun- Sec. 201. Short title. ducted in other correctional settings. ty, one of the most densely populated Sec. 202. Findings. ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— Sec. 203. Secure firearms storage. Not later than 18 months after the date of and park-poor areas in California. enactment of this subsection, the Attorney In fact, 47% of Californians—that’s TITLE III—NATIONAL CRIMINAL JUSTICE General shall issue regulations requiring the six percent of the U.S. population—live COMMISSION official in charge of each correctional facil- within two hours of the proposed ex- Sec. 301. Short title. ity to ensure, subject to the availability of pansion area. Enlarging the Santa Sec. 302. Findings. appropriations, that appropriate recidivism Monica Mountains National Recreation Sec. 303. Establishment of commission. reduction programming and productive ac- Sec. 304. Purpose of the commission. Area will provide these communities tivities, including prison jobs, are available Sec. 305. Review, recommendations, and re- for all eligible prisoners within the time pe- with increased access to public lands port. riod specified in paragraph (2), by entering and a boost to the local economy. Sec. 306. Membership. into partnerships with the following: The proposed expansion will also pro- Sec. 307. Administration. ‘‘(A) Nonprofit and other private organiza- tect valuable habitat for endangered Sec. 308. Authorization for use of funds. tions, including faith-based and community- wildlife, such as the California red- Sec. 309. Sunset. based organizations, that provide recidivism legged frog. Other species protected in- TITLE I—CORRECTIONS ACT reduction programming, on a paid or volun- clude mountain lions, bobcats, foxes, teer basis. SEC. 101. RECIDIVISM REDUCTION PROGRAM- ‘‘(B) Educational institutions that will de- MING AND PRODUCTIVE ACTIVITIES. badgers, coyotes, and deer. liver academic classes in Bureau of Prisons (a) IN GENERAL.—Not later than 1 year Notably, the Rim of the Valley Cor- facilities, on a paid or volunteer basis. after the date of enactment of this Act, the ridor Preservation Act would only ‘‘(C) Nonprofit or other private organiza- Attorney General shall— allow the Department of the Interior to tions, including faith-based and community- (1) conduct a review of recidivism reduc- acquire non-Federal land within the based organizations, that will— tion programming and productive activities, new boundaries through exchange, do- ‘‘(i) deliver occupational and vocational including prison jobs, offered in correctional training and certifications in Bureau of Pris- nation, or purchase from willing sell- institutions, including programming and ac- ers. This legislation will not create any ons facilities; tivities offered in State correctional institu- ‘‘(ii) provide equipment to facilitate occu- additional liability or restrictions for tions, which shall include a review of re- pational and vocational training or employ- private property owners. search on the effectiveness of such programs; ment opportunities for prisoners; This bill enjoys the support of more (2) conduct a survey to identify products, ‘‘(iii) employ prisoners; or than 50 local municipalities, commu- including products purchased by Federal ‘‘(iv) assist prisoners in prerelease custody nity groups, and elected officials. It is agencies, that are currently manufactured or supervised release in finding employment. overseas and could be manufactured by pris- the product of true public engagement ‘‘(D) Industry-sponsored organizations that oners participating in a prison work program deliver workforce development and training in the legislative process. without reducing job opportunities for other I would like to thank my colleague, that lead to recognized certification and em- workers in the United States; and ployment. Representative ADAM SCHIFF, for intro- (3) submit to the Committee on the Judici- ‘‘(4) ASSIGNMENTS.—In assigning prisoners ducing this legislation in the House. ary and the Committee on Appropriations of to recidivism reduction programming and I look forward to working with my the Senate and the Committee on the Judici- productive activities, the Director of the Bu- colleagues to pass the Rim of the Val- ary and the Committee on Appropriations of reau of Prisons shall use the Post-Sen- ley Corridor Preservation Act. the House of Representatives a strategic tencing Risk and Needs Assessment System Thank you, Mr. President, I yield the plan for the expansion of recidivism reduc- described in section 3621A and shall ensure tion programming and productive activities, floor. that— including prison jobs, in Bureau of Prisons ‘‘(A) to the extent practicable, prisoners facilities required by section 3621(h)(1) of By Mr. CORNYN (for himself, Mr. are separated from prisoners of other risk title 18, United States Code, as added by sub- classifications in accordance with best prac- WHITEHOUSE, and Mr. LEE): section (b). tices for effective recidivism reduction; S. 1994. A bill to reduce recidivism (b) AMENDMENT.—Section 3621 of title 18, ‘‘(B) a prisoner who has been classified as and increase public safety, and for United States Code, is amended by adding at low risk and without need for recidivism re- other purposes; to the Committee on the end the following: duction programming shall participate in the Judiciary. ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING and successfully complete productive activi- Mr. CORNYN. Mr. President, I ask AND PRODUCTIVE ACTIVITIES.— ties, including prison jobs, in order to main- unanimous consent that the text of the ‘‘(1) IN GENERAL.—The Director of the Bu- tain a low-risk classification; reau of Prisons, shall, subject to the avail- ‘‘(C) a prisoner who has successfully com- bill be printed in the RECORD. ability of appropriations, make available to pleted all recidivism reduction programming There being no objection, the text of all eligible prisoners appropriate recidivism to which the prisoner was assigned shall par- the bill was ordered to be printed in reduction programming or productive activi- ticipate in productive activities, including a the RECORD, as follows: ties, including prison jobs, in accordance prison job; and S. 1994 with paragraph (2). ‘‘(D) to the extent practicable, each eligi- Be it enacted by the Senate and House of Rep- ‘‘(2) EXPANSION PERIOD.— ble prisoner shall participate in and success- resentatives of the United States of America in ‘‘(A) IN GENERAL.—In carrying out this sub- fully complete recidivism reduction pro- Congress assembled, section, the Director of the Bureau of Pris- gramming or productive activities, including ons shall, not later than 5 years after the prison jobs, throughout the entire term of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. date of enactment of this subsection, ensure incarceration of the prisoner. (a) SHORT TITLE.—This Act may be cited as appropriate recidivism reduction program- ‘‘(5) MENTORING SERVICES.—Any person who the ‘‘Corrections Oversight, Recidivism Re- ming and productive activities, including provided mentoring services to a prisoner duction, and Eliminating Costs for Tax- prison jobs, are available for all eligible pris- while the prisoner was in a penal or correc- payers In Our National System Act of 2017’’ oners. tional facility of the Bureau of Prisons shall or the ‘‘CORRECTIONS Act’’. ‘‘(B) CERTIFICATION.— be permitted to continue such services after (b) TABLE OF CONTENTS.—The table of con- ‘‘(i) IN GENERAL.—The National Institute of the prisoner has been transferred into tents for this Act is as follows: Corrections shall evaluate all recidivism re- prerelease custody, unless the person in Sec. 1. Short title; table of contents. duction programming or productive activi- charge of the penal or correctional facility of TITLE I—CORRECTIONS ACT ties that are made available to eligible pris- the Bureau of Prisons demonstrates, in a Sec. 101. Recidivism reduction programming oners and determine whether such program- written document submitted to the person, and productive activities. ming or activities may be certified as evi- that such services would be a significant se- Sec. 102. Post-sentencing risk and needs as- dence-based and effective at reducing or curity risk to the prisoner, persons who pro- sessment system. mitigating offender risk and recidivism. vide such services, or any other person. Sec. 103. Prerelease custody. ‘‘(ii) CONSIDERATIONS.—In determining ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN- Sec. 104. Reports. whether or not to issue a certification under TIVES AND REWARDS.—Prisoners who have Sec. 105. Additional tools to promote recov- clause (i), the National Institute of Correc- successfully completed recidivism reduction ery and prevent drug and alco- tions shall consult with internal or external programs and productive activities shall be hol abuse and dependence. program evaluation experts, including the eligible for the following: Sec. 106. Promoting successful reentry. Office of Management and Budget and the ‘‘(A) TIME CREDITS.— Sec. 107. Parole for juveniles. Comptroller General of the United States to ‘‘(i) IN GENERAL.—Subject to clauses (ii) Sec. 108. Compassionate release initiative. identify appropriate evaluation methodolo- and (iii), a prisoner who has successfully

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.080 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6647 completed a recidivism reduction program or ing incentives for prisoners who are pre- ‘‘(cc) academic classes; productive activity that has been certified cluded from earning credit under subpara- ‘‘(dd) cognitive behavioral treatment; under paragraph (2)(B) shall receive time graph (A)(iii). Such incentives may include ‘‘(ee) mentoring; credits of 5 days for each period of 30 days of additional telephone or visitation privileges ‘‘(ff) occupational and vocational training; successful completion of such program or ac- for use with family, close friends, mentors, ‘‘(gg) faith-based classes or services; tivity. A prisoner who is classified as low and religious leaders. ‘‘(hh) domestic violence education and de- risk shall receive additional time credits of 5 ‘‘(C) PENALTIES.—The Bureau of Prisons terrence programming; days for each period of 30 days of successful may reduce rewards a prisoner has pre- ‘‘(ii) victim-impact classes or other restor- completion of such program or activity. viously earned under subparagraph (A) for ative justice programs; ‘‘(ii) AVAILABILITY.—A prisoner may not prisoners who violate the rules of the penal ‘‘(jj) industry-sponsored workforce devel- receive time credits under this subparagraph or correctional facility in which the prisoner opment, education, or training; and for successfully completing a recidivism re- is imprisoned, a recidivism reduction pro- ‘‘(kk) a prison job; and duction program or productive activity— gram, or a productive activity. ‘‘(ii) shall include— ‘‘(I) before the date of enactment of this ‘‘(D) RELATION TO OTHER INCENTIVE PRO- ‘‘(I) a productive activity; and subsection; or GRAMS.—The incentives described in this ‘‘(II) recovery programming. ‘‘(II) during official detention before the paragraph shall be in addition to any other ‘‘(D) RECOVERY PROGRAMMING.—The term date on which the prisoner’s sentence com- rewards or incentives for which a prisoner ‘recovery programming’ means a course of mences under section 3585(a). may be eligible, except that a prisoner shall instruction or activities, other than a course ‘‘(iii) EXCLUSIONS.—No credit shall be not be eligible for the time credits described described in subsection (e), that has been awarded under this subparagraph to a pris- in subparagraph (A) if the prisoner has ac- demonstrated to reduce drug or alcohol oner serving a sentence for a second or sub- crued time credits under another provision abuse or dependence among participants, or sequent conviction for a Federal offense im- of law based solely upon participation in, or to promote recovery among individuals who posed after the date on which the prisoner’s successful completion of, such program. have previously abused alcohol or drugs, to first such conviction became final, which ‘‘(7) SUCCESSFUL COMPLETION.—For pur- include appropriate medication-assisted shall not include any offense under section poses of this subsection, a prisoner— treatment.’’. 1152 or section 1153 for which the prisoner ‘‘(A) shall be considered to have success- (c) NO CONSIDERATION OF EARNED TIME was sentenced to less than 13 months. No fully completed a recidivism reduction pro- CREDIT ELIGIBILITY DURING SENTENCING.— credit shall be awarded under this subpara- gram or productive activity, if the Bureau of (1) IN GENERAL.—Section 3553 of title 18, graph to a prisoner with 13 or more criminal Prisons determines that the prisoner— United States Code, is amended— history points, as determined under the sen- ‘‘(i) regularly attended and participated in (A) by redesignating subsections (b) tencing guidelines, at the time of sentencing, the recidivism reduction program or produc- through (f) as subsections (c) through (g), re- unless the court determines in writing at tive activity; spectively; sentencing that the defendant’s criminal his- ‘‘(ii) regularly completed assignments or (B) in subsection (e)(3), as so redesignated, tory category substantially overrepresents tasks in a manner that allowed the prisoner by striking ‘‘subsection (c)’’ and inserting the seriousness of the defendant’s criminal to realize the criminogenic benefits of the ‘‘subsection (d)’’; and history or the likelihood that the defendant recidivism reduction program or productive (C) by inserting after subsection (a) the fol- will commit other crimes and exercises its activity; lowing: authority to lower the defendant’s criminal ‘‘(iii) did not regularly engage in disrup- ‘‘(b) In imposing a sentence, the court shall history category. No credit shall be awarded tive behavior that seriously undermined the not consider the defendant’s eligibility or under this subparagraph to any prisoner administration of the recidivism reduction potential eligibility for credit under section serving a sentence of imprisonment for con- program or productive activity; and 3621(e), 3621(h), or 3624(b) or any similar pro- viction for any of the following offenses: ‘‘(iv) satisfied the requirements of clauses vision of law, but shall not be prohibited ‘‘(I) A Federal crime of terrorism, as de- (i) through (iii) for a time period that is not from informing the defendant of the exist- fined in section 2332b(g)(5). less than 30 days and allowed the prisoner to ence of such credits or related programs.’’. ‘‘(II) A Federal crime of violence, as de- realize the criminogenic benefits of the re- (2) TECHNICAL AND CONFORMING AMEND- fined in section 16. cidivism reduction program or productive MENTS.—Section 3742 of title 18, United ‘‘(III) A Federal sex offense, as described in activity; and States Code, is amended— section 111 of the Sex Offender Registration ‘‘(B) for purposes of paragraph (6)(A), may (A) in subsection (e)(3)— and Notification Act (34 U.S.C. 20911). be given credit for successful completion of a (i) in subparagraph (A), by striking ‘‘sec- ‘‘(IV) Engaging in a continuing criminal recidivism reduction program or productive tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; enterprise, as defined in section 408 of the activity for the time period during which the (ii) in subparagraph (B)(ii), by striking Controlled Substances Act (21 U.S.C. 848). prisoner participated in such program or ac- ‘‘section 3553(b)’’ and inserting ‘‘section ‘‘(V) A Federal crime involving child ex- tivity if the prisoner satisfied the require- 3553(c)’’; and ploitation, as defined in section 2 of the ments of subparagraph (A) during such time (iii) in subparagraph (C), by striking ‘‘sec- PROTECT Our Children Act of 2008 (34 U.S.C. period, notwithstanding that the prisoner tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 21101). continues to participate in such program or (B) in subsection (g)(2), by striking ‘‘sec- ‘‘(VI) A violation of— activity. tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; ‘‘(aa) chapter 11 (relating to bribery, graft, ‘‘(8) DEFINITIONS.—In this subsection: and and conflicts of interest); ‘‘(A) ELIGIBLE PRISONER.—The term ‘eligi- (C) in subsection (j)(1)(B), by striking ‘‘sec- ‘‘(bb) chapter 29 (relating to elections and ble prisoner’ means— tion 3553(b)’’ and inserting ‘‘section 3553(c)’’. political activities); ‘‘(i) an individual who has been sentenced SEC. 102. POST-SENTENCING RISK AND NEEDS ‘‘(cc) section 1028A, 1031, or 1040 (relating to a term of imprisonment pursuant to a ASSESSMENT SYSTEM. to fraud); conviction for a Federal criminal offense; or (a) IN GENERAL.—Subchapter C of chapter ‘‘(dd) chapter 63 involving a scheme or arti- ‘‘(ii) an individual within the custody of 229 of title 18, United States Code, is amend- fice to deprive another of the intangible the Bureau of Prisons, including an indi- ed by inserting after section 3621 the fol- right of honest services; vidual in a Bureau of Prisons contracted fa- lowing: ‘‘(ee) chapter 73 (relating to obstruction of cility. ‘‘§ 3621A. Post-sentencing risk and needs as- justice); ‘‘(B) PRODUCTIVE ACTIVITY.—The term ‘pro- sessment system ‘‘(ff) chapter 95 or 96 (relating to racket- ductive activity’— ‘‘(a) IN GENERAL.—Not later than 6 months eering and racketeer influenced and corrupt ‘‘(i) means a group or individual activity, after the date of the enactment of this sec- organizations); or including holding a job as part of a prison tion, the Attorney General shall develop for ‘‘(gg) chapter 110 (relating to sexual exploi- work program, that is designed to allow pris- use by the Bureau of Prisons an offender risk tation and other abuse of children). oners classified as having a lower risk of re- and needs assessment system, to be known ‘‘(iv) IDENTIFICATION OF COVERED OF- cidivism to maintain such classification, as the ‘Post-Sentencing Risk and Needs As- FENSES.—Not later than 1 year after the date when offered to such prisoners; and sessment System’ or the ‘Assessment Sys- of enactment of this subsection, the United ‘‘(ii) may include the delivery of the activi- tem’, which shall— States Sentencing Commission shall prepare ties described in subparagraph (C)(i)(II) to ‘‘(1) assess and determine the recidivism and submit to the Director of the Bureau of other prisoners. risk level of all prisoners and classify each Prisons a list of all Federal offenses de- ‘‘(C) RECIDIVISM REDUCTION PROGRAM.—The prisoner as having a low, moderate, or high scribed in subclauses (I) through (VI) of term ‘recidivism reduction program’ risk of recidivism; clause (iii), and shall update such list on an means— ‘‘(2) to the extent practicable, assess and annual basis. ‘‘(i) a group or individual activity that— determine the risk of violence of all pris- ‘‘(B) OTHER INCENTIVES.—The Bureau of ‘‘(I) has been certified to reduce recidivism oners; Prisons shall develop policies to provide ap- or promote successful reentry; and ‘‘(3) ensure that, to the extent practicable, propriate incentives for successful comple- ‘‘(II) may include— low-risk prisoners are grouped together in tion of recidivism reduction programming ‘‘(aa) classes on social learning and life housing and assignment decisions; and productive activities, other than time skills; ‘‘(4) assign each prisoner to appropriate re- credit pursuant to subparagraph (A), includ- ‘‘(bb) classes on morals or ethics; cidivism reduction programs or productive

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.082 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6648 CONGRESSIONAL RECORD — SENATE October 19, 2017 activities based on the prisoner’s risk level ment tools on the Federal prison population, be modified based on a prisoner’s actions, be- and the specific criminogenic needs of the or ensure that the tools have been so vali- haviors, or attitudes, including through com- prisoner, and in accordance with section dated. To the extent such validation cannot pletion of appropriate programming or other 3621(h)(4); be completed with the time period specified means, in a prison setting. ‘‘(5) reassess and update the recidivism in subsection (a), the Attorney General shall ‘‘(2) RECIDIVISM RISK.—The term ‘recidi- risk level and programmatic needs of each ensure that such validation is completed as vism risk’ means the likelihood that a pris- prisoner pursuant to the schedule set forth soon as is practicable. oner will commit additional crimes for in subsection (c)(2), and assess changes in the ‘‘(6) RELATIONSHIP WITH EXISTING CLASSI- which the prisoner could be prosecuted in a prisoner’s recidivism risk within a particular FICATION SYSTEMS.—The Bureau of Prisons Federal, State, or local court in the United risk level; and may incorporate its existing Inmate Classi- States. ‘‘(6) provide information on best practices fication System into the Assessment System ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRO- concerning the tailoring of recidivism reduc- if the Assessment System assesses the risk DUCTIVE ACTIVITY; RECOVERY PROGRAMMING.— tion programs to the specific criminogenic level and criminogenic needs of each pris- The terms ‘recidivism reduction program’, needs of each prisoner so as to effectively oner and determines the appropriate security ‘productive activity’, and ‘recovery program- lower the prisoner’s risk of recidivating. level institution for each prisoner. Before ming’ shall have the meaning given such ‘‘(b) DEVELOPMENT OF SYSTEM.— the development of the Assessment System, terms in section 3621(h)(8).’’. ‘‘(1) IN GENERAL.—In designing the Assess- the Bureau of Prisons may use the existing (b) TECHNICAL AND CONFORMING AMEND- ment System, the Attorney General shall— Inmate Classification System, or a pre-exist- MENT.—The table of sections for subchapter ‘‘(A) use available research and best prac- ing risk and needs assessment tool that can C of chapter 229 of title 18, United States tices in the field and consult with academic be used to classify prisoners consistent with Code, is amended by inserting after the item and other criminal justice experts as appro- subsection (a)(1), or can be reasonably adapt- relating to section 3621 the following: priate; ed for such purpose, for purposes of this sec- ‘‘3621A. Post-sentencing risk and needs as- ‘‘(B) ensure that the Assessment System tion, section 3621(h), and section 3624(c). sessment system.’’. measures indicators of progress and improve- ‘‘(c) RISK ASSESSMENT.— SEC. 103. PRERELEASE CUSTODY. ment, and of regression, including newly ac- ‘‘(1) INITIAL ASSESSMENTS.—Not later than quired skills, attitude, and behavior changes (a) IN GENERAL.—Section 3624(c) of title 18, 12 months after the date on which the Attor- United States Code, is amended— over time, through meaningful consideration ney General develops the Assessment Sys- of dynamic risk factors, such that— (1) in paragraph (1), by striking the period tem, the Bureau of Prisons shall determine at the end of the second sentence and insert- ‘‘(i) all prisoners at each risk level other the risk level and criminogenic needs of each than low risk have a meaningful opportunity ing ‘‘or home confinement, subject to the prisoner using the Assessment System. limitation that no prisoner may serve more to progress to a lower risk classification dur- ‘‘(2) REASSESSMENTS AND UPDATES.—The ing the period of the incarceration of the than 10 percent of the prisoner’s imposed Bureau of Prisons shall update the assess- sentence in home confinement pursuant to prisoner through changes in dynamic risk ment of each prisoner required under para- factors; and this paragraph.’’; graph (1)— (2) by striking paragraphs (2) and (3) and ‘‘(ii) all prisoners on prerelease custody, ‘‘(A) not less frequently than once each other than prisoners classified as low risk, inserting the following: year for any prisoner whose anticipated re- ‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.— have a meaningful opportunity to progress lease date is within 3 years; to a lower risk classification during such Notwithstanding the 10 percent limit de- ‘‘(B) not less frequently than once every 2 custody through changes in dynamic risk scribed in paragraph (1) and in addition to years for any prisoner whose anticipated re- factors; any time spent in prerelease custody pursu- lease date is within 10 years; and ‘‘(C) ensure that the Assessment System is ant to paragraph (1), a prisoner shall spend ‘‘(C) not less frequently than once every 3 adjusted on a regular basis, but not less fre- an additional portion of the final months of years for any other prisoner. quently than every 3 years, to take account the prisoner’s sentence, equivalent to the ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION of the best statistical evidence of effective- amount of time credit the prisoner has PROGRAMS OR PRODUCTIVE ACTIVITIES.—The earned pursuant to section 3621(h)(6)(A), in ness in reducing recidivism rates; and Assessment System shall provide guidance prerelease custody, if— ‘‘(D) ensure that the Assessment System on the kind and amount of recidivism reduc- ‘‘(A) the prisoner’s most recent risk and does not result in unwarranted disparities, tion programming or productive activities needs assessment, conducted within 1 year of including by— appropriate for each prisoner. the date on which the prisoner would first be ‘‘(i) regularly evaluating rates of recidi- ‘‘(e) BUREAU OF PRISONS TRAINING.—The vism among similarly classified prisoners to Attorney General shall develop training pro- eligible for transfer to prerelease custody identify any unwarranted disparities in such tocols and programs for Bureau of Prisons pursuant to paragraph (1) and this para- rates, including disparities among similarly officials and employees responsible for ad- graph, reflects that the prisoner is classified classified prisoners of different racial groups; ministering the Assessment System. Such as low or moderate risk; and and training protocols shall include a require- ‘‘(B) for a prisoner classified as moderate ‘‘(ii) adjusting the Assessment System to ment that personnel of the Bureau of Prisons risk, the prisoner’s most recent risk and reduce such disparities to the greatest ex- demonstrate competence in using the meth- needs assessment reflects that the prisoner’s tent possible. odology and procedure developed under this risk of recidivism has declined during the pe- ‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.— section on a regular basis. riod of the prisoner’s incarceration. In carrying out this subsection, the Attorney ‘‘(f) INFORMATION FROM PRESENTENCE RE- ‘‘(3) TYPES OF PRERELEASE CUSTODY.—A General shall— PORT.—The Attorney General shall ensure prisoner eligible to serve a portion of the ‘‘(A) develop a suitable intake assessment that the Bureau of Prisons uses relevant in- prisoner’s sentence in prerelease custody tool to perform the initial assessments and formation from the Presentence Report of pursuant to paragraph (2) may serve such determinations described in subsection each offenders when conducting an assess- portion in a residential reentry center, on (a)(1), and to make the assignments de- ment under this section. home confinement, or, subject to paragraph scribed in paragraphs (3) and (4) of sub- ‘‘(g) QUALITY ASSURANCE.—In order to en- (5), on community supervision, in accordance section (a); sure that the Bureau of Prisons is using the with the following guidelines: ‘‘(B) develop a suitable reassessment tool Assessment System in an appropriate and ‘‘(A) Lower-risk, lower-need prisoners shall to perform the reassessments and updates consistent manner, the Attorney General be placed directly into home confinement or described in subsection (a)(5); and shall monitor and assess the use of the As- community supervision. ‘‘(C) develop a suitable tool to assess the sessment System and shall conduct periodic ‘‘(B) Residential reentry center placements recidivism risk level of prisoners in audits of the use of the Assessment System shall be reserved for the higher-risk, higher- prerelease custody. at facilities of the Bureau of Prisons. need prisoners.’’; ‘‘(3) USE OF EXISTING RISK AND NEEDS AS- ‘‘(h) DETERMINATIONS AND CLASSIFICATIONS (3) by redesignating paragraphs (4) through SESSMENT TOOLS PERMITTED.—In carrying out UNREVIEWABLE.—Subject to any constitu- (6) as paragraphs (9) through (11), respec- this subsection, the Attorney General may tional limitations, there shall be no right of tively; use existing risk and needs assessment tools, review, right of appeal, cognizable property (4) by inserting the following after para- as appropriate, for the assessment tools re- interest, or cause of action, either adminis- graph (3): quired under paragraph (2). trative or judicial, arising from any deter- ‘‘(4) HOME CONFINEMENT.— ‘‘(4) USE OF PRESENTENCE REPORT.—In car- mination or classification made by any Fed- ‘‘(A) IN GENERAL.—Upon placement in rying out this subsection, the Attorney Gen- eral agency or employee while implementing home confinement pursuant to paragraph (2), eral shall coordinate with the United States or administering the Assessment System, or a prisoner shall— Probation and Pretrial Services to ensure any rules or regulations promulgated under ‘‘(i) be subject to 24-hour electronic moni- that the findings of the Presentence Report this section. toring that enables the prompt identification of each offender are available and considered ‘‘(i) DEFINITIONS.—In this section: of any violation of clause (ii); in the Assessment System. ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy- ‘‘(ii) remain in the prisoner’s residence, ‘‘(5) VALIDATION.—In carrying out this sub- namic risk factor’ means a characteristic or with the exception of the following activi- section, the Attorney General shall statis- attribute that has been shown to be relevant ties, subject to approval by the Director of tically validate the risk and needs assess- to assessing risk of recidivism and that can the Bureau of Prisons—

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‘‘(I) participation in a job, job-seeking ac- ‘‘(7) CREDIT FOR PRERELEASE CUSTODY.— ‘‘(v) The most recent risk assessment of tivities, or job-related activities, including Upon completion of a prisoner’s sentence, the prisoner. an apprenticeship; any term of supervised release imposed on ‘‘(D) HEARING.— ‘‘(II) participation in recidivism reduction the prisoner shall be reduced by the amount ‘‘(i) IN GENERAL.—On motion of the Govern- programming or productive activities as- of time the prisoner served in prerelease cus- ment, the sentencing court may conduct a signed by the Post-Sentencing Risk and tody pursuant to paragraph (2). hearing on the prisoner’s transfer to Needs Assessment System, or similar activi- ‘‘(8) AGREEMENTS WITH UNITED STATES PRO- prerelease custody. ties approved in advance by the Director of BATION AND PRETRIAL SERVICES.—The Direc- ‘‘(ii) PRISONER’S PRESENCE.—The prisoner the Bureau of Prisons; tor of the Bureau of Prisons shall, to the shall have the right to be present at a hear- ‘‘(III) participation in community service; greatest extent practicable, enter into agree- ing described in clause (i), unless the pris- ‘‘(IV) crime victim restoration activities; ments with the United States Probation and oner waives such right. The requirement ‘‘(V) medical treatment; or Pretrial Services to supervise prisoners under this clause may be satisfied by the de- ‘‘(VI) religious activities; and placed in home confinement or community fendant appearing by video teleconference. ‘‘(iii) comply with such other conditions as supervision under this subsection. Such ‘‘(iii) MOTION.—A motion filed by the Gov- the Director of the Bureau of Prisons deems agreements shall authorize United States ernment seeking a hearing— appropriate. Probation and Pretrial Services to exercise ‘‘(I) shall set forth the basis for the Gov- ‘‘(B) ALTERNATIVE MEANS OF MONITORING.— the authority granted to the Director of the ernment’s request that the prisoner’s trans- If compliance with subparagraph (A)(i) is in- Bureau of Prisons pursuant to paragraphs fer be denied or modified pursuant to sub- feasible due to technical limitations or reli- (4), (5), and (12). Such agreements shall take paragraph (E) and include input from local gious considerations, the Director of the Bu- into account the resource requirements of law enforcement authorities regarding prior reau of Prisons may employ alternative United States Probation and Pretrial Serv- conduct or any other relevant information; means of monitoring that are determined to ices as a result of the transfer of Bureau of and be as effective or more effective than elec- Prisons inmates to prerelease custody and ‘‘(II) shall not require the Court to conduct tronic monitoring. shall provide for the transfer of monetary a hearing described in clause (i). ‘‘(C) MODIFICATIONS.—The Director of the sums necessary to comply with such require- ‘‘(iv) JUSTICE DEPARTMENT REVIEW OF Bureau of Prisons may modify the conditions ments. United States Probation and Pretrial TRANSFERS TO PRERELEASE CUSTODY.—If the of the prisoner’s home confinement for com- Services shall, to the greatest extent prac- Department of Justice does not seek a hear- pelling reasons, if the prisoner’s record dem- ticable, offer assistance to any prisoner not ing under this subparagraph to deny or mod- onstrates exemplary compliance with such under its supervision during prerelease cus- ify a prisoner’s transfer to prerelease cus- conditions. tody under this subsection.’’; and tody, the Department of Justice prior to ‘‘(5) COMMUNITY SUPERVISION.— (5) by inserting at the end the following: such transfer shall make a determination to ‘‘(A) TIME CREDIT LESS THAN 36 MONTHS.— ‘‘(12) DETERMINATION OF APPROPRIATE CON- that effect in writing, including the reasons Any prisoner described in subparagraph (D) DITIONS FOR PRERELEASE CUSTODY.—In deter- for that determination. who has earned time credit of less than 36 mining appropriate conditions for prerelease ‘‘(E) DETERMINATION OF THE COURT.—The months pursuant to section 3621(h)(6)(A) custody pursuant to this subsection, and in court may deny the transfer of the prisoner accordance with paragraph (5), the Director shall be eligible to serve no more than one- to prerelease custody or modify the terms of half of the amount of such credit on commu- of the Bureau of Prisons shall, to the extent such transfer, if, after conducting a hearing nity supervision, if the prisoner satisfies the practicable, subject prisoners who dem- pursuant to subparagraph (D), the court conditions set forth in subparagraph (C). onstrate continued compliance with the re- finds in writing, by a preponderance of the ‘‘(B) TIME CREDIT OF 36 MONTHS OR MORE.— quirements of such prerelease custody to in- evidence, that the transfer of the prisoner is Any prisoner described in subparagraph (D) creasingly less restrictive conditions, so as inconsistent with the factors specified in who has earned time credit of 36 months or to most effectively prepare such prisoners paragraphs (2), (6), and (7) of section more pursuant to section 3621(h)(6)(A) shall for reentry. No prisoner shall be transferred 3553(a).’’. be eligible to serve the amount of such credit to community supervision unless the length (b) EFFECTIVE DATE.—The amendments exceeding 18 months on community super- of the prisoner’s eligibility for community made by this section shall take effect 1 year vision, if the prisoner satisfies the conditions supervision pursuant to paragraph (5) is set forth in subparagraph (C). equivalent to or greater than the length of after the date of enactment of this Act. ‘‘(C) CONDITIONS OF COMMUNITY SUPER- the prisoner’s remaining period of prerelease SEC. 104. REPORTS. VISION.—A prisoner placed on community su- custody. (a) ANNUAL REPORTS.— pervision shall be subject to such conditions ‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If (1) REPORTS.—Not later than 1 year after as the Director of the Bureau of Prisons the prisoner is an alien whose deportation the date of enactment of this Act, and every deems appropriate. A prisoner on community was ordered as a condition of supervised re- year thereafter, the Attorney General, in co- supervision may remain on community su- lease or who is subject to a detainer filed by ordination with the Comptroller General of pervision until the conclusion of the pris- Immigration and Customs Enforcement for the United States, shall submit to the appro- oner’s sentence of incarceration if the pris- the purposes of determining the alien’s de- priate committees of Congress a report that oner— portability, the Director of the Bureau of contains the following: ‘‘(i) complies with all conditions of Prisons shall, upon the prisoner’s transfer to (A) A summary of the activities and ac- prerelease custody; prerelease custody pursuant to paragraphs complishments of the Attorney General in ‘‘(ii) remains current on any financial obli- (1) and (2), deliver the prisoner to United carrying out this title and the amendments gations imposed as part of the prisoner’s sen- States Immigration and Customs Enforce- made by this title. tence, including payments of court-ordered ment for the purpose of conducting pro- (B) An assessment of the status and use of restitution arising from the offense of con- ceedings relating to the alien’s deportation. the Post-Sentencing Risk and Needs Assess- viction; and ‘‘(14) NOTICE OF TRANSFER TO PRERELEASE ment System by the Bureau of Prisons, in- ‘‘(iii) refrains from committing any State, CUSTODY.— cluding the number of prisoners classified at local, or Federal offense. ‘‘(A) IN GENERAL.—The Director of the Bu- each risk level under the Post-Sentencing ‘‘(D) COVERED PRISONERS.—A prisoner de- reau of Prisons may not transfer a prisoner Risk and Needs Assessment System at each scribed in this subparagraph is a prisoner to prerelease custody pursuant to paragraph facility of the Bureau of Prisons. who— (2) if the prisoner has been sentenced to a (C) A summary and assessment of the ‘‘(i) is classified as low risk by the Post- term of incarceration of more than 3 years, types and effectiveness of the recidivism re- Sentencing Risk and Needs Assessment Sys- unless the Director of the Bureau of Prisons duction programs and productive activities tem in the assessment conducted for pur- provides prior notice to the sentencing court in facilities operated by the Bureau of Pris- poses of paragraph (2); or and the United States Attorney’s Office for ons, including— ‘‘(ii) is subsequently classified as low risk the district in which the prisoner was sen- (i) evidence about which programs and ac- by the Post-Sentencing Risk and Needs As- tenced. tivities have been shown to reduce recidi- sessment System. ‘‘(B) TIME REQUIREMENT.—The notice re- vism; ‘‘(6) VIOLATIONS.—If a prisoner violates a quired under subparagraph (A) shall be pro- (ii) the capacity of each program and ac- condition of the prisoner’s prerelease cus- vided not later than 6 months before the date tivity at each facility, including the number tody, the Director of the Bureau of Prisons on which the prisoner is to be transferred. of prisoners along with the risk level of each may revoke the prisoner’s prerelease custody ‘‘(C) CONTENTS OF NOTICE.—The notice re- prisoner enrolled in each program and activ- and require the prisoner to serve the remain- quired under subparagraph (A) shall include ity; and der of the prisoner’s term of incarceration, the following information: (iii) identification of any problems or or any portion thereof, in prison, or impose ‘‘(i) The amount of credit earned pursuant shortages in capacity of such programs and additional conditions on the prisoner’s to paragraph (2). activities, and how these should be remedied. prerelease custody as the Director of the Bu- ‘‘(ii) The anticipated date of the prisoner’s (D) An assessment of budgetary savings re- reau of Prisons deems appropriate. If the vio- transfer. sulting from this title and the amendments lation is nontechnical in nature, the Direc- ‘‘(iii) The nature of the prisoner’s planned made by this title, to include— tor of the Bureau of Prisons shall revoke the prerelease custody. (i) a summary of the amount of savings re- prisoner’s prerelease custody. ‘‘(iv) The prisoner’s behavioral record. sulting from the transfer of prisoners into

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(C) in subsection (c), as redesignated, in recidivism. (C) Bureau of Prisons facility or facilities the first sentence, by striking ‘‘subsection (2) REINVESTMENT OF SAVINGS TO FUND PUB- in which the prisoner’s sentence was served. (a) or (c)’’ and inserting ‘‘subsection (a) or LIC SAFETY PROGRAMMING.— (D) Recidivism reduction programming (d)’’; and (A) IN GENERAL.—Beginning in the first fis- that the prisoner successfully completed, if (D) in subsection (d), as redesignated, by cal year after the first report is submitted any. striking ‘‘subsection (a) or (b)’’ and inserting under paragraph (1), and every fiscal year (E) The prisoner’s assessed risk of recidi- ‘‘subsection (a) or (c)’’. thereafter, the Attorney General shall— vism. (2) TECHNICAL AND CONFORMING AMEND- (i) determine the covered amount for the (3) ASSISTANCE.—The Administrative Office MENT.—Section 3672 of title 18, United States previous fiscal year in accordance with sub- of the United States Courts shall provide to Code, is amended in the eighth undesignated paragraph (B); and the Attorney General any information in its paragraph by striking ‘‘subsection (b) or (c)’’ (ii) use an amount of funds appropriated to possession that is necessary for the comple- and inserting ‘‘subsection (c) or (d)’’. the Department of Justice that is not less tion of the report required under paragraph (b) PROMOTING FULL UTILIZATION OF RESI- than 90 percent of the covered amount for (1). DENTIAL DRUG TREATMENT.—Section the purposes described in subparagraph (C). (d) REPORTING ON EXCLUDED PRISONERS.— 3621(e)(2) of title 18, United States Code, is (B) COVERED AMOUNT.—For purposes of this Not later than 8 years after the date of en- amended by adding at the end the following: paragraph, the term ‘‘covered amount’’ actment of this Act, the Attorney General ‘‘(C) COMMENCEMENT OF TREATMENT.—Not means, using the most recent report sub- shall submit to the appropriate committees later than 12 months after the date of enact- mitted under paragraph (1), the amount of Congress a report on the effectiveness of ment of this subparagraph, the Director of equal to the sum of the amount described in recidivism reduction programs and produc- the Bureau of Prisons shall ensure that each paragraph (1)(D)(i) for the fiscal year and the tive activities offered to prisoners described eligible prisoner has an opportunity to com- amount described in paragraph (1)(D)(ii) for in section 3621(h)(6)(A)(iii) of title 18, United mence participation in treatment under this the fiscal year. States Code, as added by this title, as well as subsection by such date as is necessary to those ineligible for credit toward prerelease (C) USE OF FUNDS.—The funds described in ensure that the prisoner completes such custody under section 3624(c)(2) of title 18, subparagraph (A)(ii) shall be used, consistent treatment not later than 1 year before the United States Code, as added by this title, with paragraph (1)(D)(iii), to achieve each of date on which the prisoner would otherwise which shall review the effectiveness of dif- the following objectives: be released from custody prior to the appli- ferent categories of incentives in reducing (i) Ensure that, not later than 6 years after cation of any reduction in sentence pursuant recidivism. the date of enactment of this Act, recidivism to this paragraph. (e) DEFINITION.—The term ‘‘appropriate reduction programs or productive activities committees of Congress’’ means— ‘‘(D) OTHER CREDITS.—The Director of the are available to all eligible prisoners. (1) the Committee on the Judiciary and the Bureau of Prisons may, in the Director’s dis- (ii) Ensure compliance with the resource Subcommittee on Commerce, Justice, cretion, reduce the credit awarded under sub- needs of United States Probation and Pre- Science, and Related Agencies of the Com- section (h)(6)(A) to a prisoner who receives a trial Services resulting from an agreement mittee on Appropriations of the Senate; and reduction under subparagraph (B), but such under section 3624(c)(8) of title 18, United (2) the Committee on the Judiciary and the reduction may not exceed one-half the States Code, as added by this title. Subcommittee on Commerce, Justice, amount of the reduction awarded to the pris- (iii) Supplement funding for programs that Science, and Related Agencies of the Com- oner under subparagraph (B).’’. increase public safety by providing resources mittee on Appropriations of the House of (c) SUPERVISED RELEASE PILOT PROGRAM to State and local law enforcement officials, Representatives. TO REDUCE RECIDIVISM AND IMPROVE RECOV- including for the adoption of innovative ERY FROM ALCOHOL AND DRUG ABUSE.— technologies and information sharing capa- SEC. 105. ADDITIONAL TOOLS TO PROMOTE RE- COVERY AND PREVENT DRUG AND (1) IN GENERAL.—Not later than 1 year after bilities. ALCOHOL ABUSE AND DEPENDENCE. the date of enactment of this Act, the Ad- (b) PRISON WORK PROGRAMS REPORT.—Not (a) REENTRY AND RECOVERY PLANNING.— ministrative Office of the United States later than 180 days after the date of enact- (1) PRESENTENCE REPORTS.—Section 3552 of Courts shall establish a recidivism reduction ment of this Act, the Attorney General shall title 18, United States Code, is amended— and recovery enhancement pilot program, submit to the appropriate committees of (A) by redesignating subsections (b), (c), premised on high-intensity supervision and Congress a report on the status of prison and (d) as subsections (c), (d), and (e), respec- the use of swift, predictable, and graduated work programs at facilities operated by the tively; sanctions for noncompliance with program Bureau of Prisons, including— (B) by inserting after subsection (a) the rules, in Federal judicial districts selected (1) a strategy to expand the availability of following: by the Administrative Office of the United such programs without reducing job opportu- ‘‘(b) REENTRY AND RECOVERY PLANNING.— States Courts in consultation with the At- nities for workers in the United States who ‘‘(1) IN GENERAL.—In addition to the infor- torney General. are not in the custody of the Bureau of Pris- mation required by rule 32(d) of the Federal (2) REQUIREMENTS OF PROGRAM.—Participa- ons; Rules of Criminal Procedure, the report sub- tion in the pilot program required under

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paragraph (1) shall be subject to the fol- (A) IN GENERAL.—Not later than 2 years needs of the prisoner, and to meet with the lowing requirements: after the date of enactment of this Act, the prisoner following transfer to monitor the (A) Upon entry into the pilot program, the Administrative Office of the United States reentry plan; court shall notify program participants of Courts shall conduct an evaluation of the (C) steps to assist the prisoner in obtaining the rules of the program and consequences pilot program and submit to Congress a re- health care, housing, and employment, be- for violating such rules, including the pen- port on the results of the evaluation. fore the prisoner’s release from a community alties to be imposed as a result of such viola- (B) CONTENTS.—The report required under correctional facility or home confinement; tions pursuant to subparagraph (E). subparagraph (A) shall include— (D) regular drug testing for participants (B) Probation officers shall conduct reg- (i) the rates of substance abuse among pro- with a history of substance abuse; ular drug testing of all pilot program partici- gram participants; (E) substance abuse treatment, which may pants with a history of substance abuse. (ii) the rates of violations of the terms of include addiction treatment medication, if (C) In the event that a probation officer de- supervised release by program participants, appropriate, medical treatment, including termines that a participant has violated a and sanctions imposed; mental health treatment, occupational, vo- term of supervised release, the officer shall (iii) information about employment of pro- cational and educational training, appren- notify the court within 24 hours of such de- gram participants; ticeships, life skills instruction, recovery termination, absent good cause. (iv) a comparison of outcomes among pro- support, conflict resolution training, and (D) As soon as is practicable, and in no gram participants with outcomes among other programming to promote effective re- case more than 1 week after the violation similarly situated individuals under the su- integration into the community; was reported by the probation officer, absent pervision of United States Probation and (F) the participation of volunteers to serve good cause, the court shall conduct a hearing Pretrial Services not participating in the as advisors and mentors to prisoners being on the alleged violation. program; and released into the community; (E) If the court determines that a program (v) an assessment of the effectiveness of (G) steps to ensure that the prisoner makes participant has violated a term of supervised each of the relevant features of the program. satisfactory progress toward satisfying any release, it shall impose an appropriate sanc- obligations to victims of the prisoner’s of- SEC. 106. PROMOTING SUCCESSFUL REENTRY. tion, which may include the following, if ap- fense, including any obligation to pay res- (a) FEDERAL REENTRY DEMONSTRATION propriate: titution; and (i) Modification of the terms of such par- PROJECTS.— (H) the appointment of a reentry coordi- ticipant’s supervised release, which may in- (1) EVALUATION OF EXISTING BEST PRACTICES nator in the United States Attorney’s Office. FOR REENTRY.—Not later than 1 year after clude imposition of a period of home confine- (5) REVIEW OF PROJECT OUTCOMES.—Not ment. the date of enactment of this Act, the Attor- later than 3 years after the date of enact- (ii) Referral to appropriate substance abuse ney General, in consultation with the Ad- ment of this Act, the Administrative Office treatment. ministrative Office of the United States of the United States Courts, in consultation (iii) Revocation of the defendant’s super- Courts, shall— with the Attorney General, shall— vised release and the imposition of a sen- (A) evaluate best practices used for the re- (A) evaluate the results from each Federal tence of incarceration that is no longer than entry into society of individuals released judicial district selected under paragraph (2), necessary to punish the participant for such from the custody of the Bureau of Prisons, including the extent to which participating violation and deter the participant from including— prisoners released from the custody of the committing future violations. (i) conducting examinations of reentry Bureau of Prisons were successfully re- (iv) For participants who habitually fail to practices in Federal, State, and local justice integrated into their communities, including abide by program rules or pose a threat to systems; and whether the participating prisoners main- public safety, termination from the program. (ii) consulting with Federal, State, and tained employment, and refrained from com- (3) STATUS OF PARTICIPANT IF INCARCER- local prosecutors, Federal, State, and local mitting further offenses; and ATED.— public defenders, nonprofit organizations (B) submit to the Committee on the Judici- (A) IN GENERAL.—In the event that a pro- that provide reentry services, and criminal ary of the Senate and the Committee on the gram participant is sentenced to incarcer- justice experts; and Judiciary of the House of Representatives a ation as described in paragraph (2)(E)(iii), (B) submit to the Committee on the Judici- report that contains— the participant shall remain in the program ary of the Senate and the Committee on the (i) the evaluation of the best practices upon release from incarceration unless ter- Judiciary of the House of Representatives a identified in the report required under para- minated from the program in accordance report that details the evaluation conducted graph (1); and with paragraph (2)(E)(iv). under subparagraph (A). (ii) the results of the demonstration (B) POLICIES FOR MAINTAINING EMPLOY- (2) CREATION OF REENTRY DEMONSTRATION projects required under paragraph (2). MENT.—The Bureau of Prisons, in consulta- PROJECTS.—Not later than 3 years after the (b) STUDY ON THE IMPACT OF REENTRY ON tion with the Chief Probation Officers of the date of enactment of this Act, the Attorney CERTAIN COMMUNITIES.— Federal judicial districts selected for partici- General, in consultation with the Adminis- (1) IN GENERAL.—Not later than 2 years pation in the pilot program required under trative Office of the United States Courts, after the date of enactment of this Act, the paragraph (1), shall develop policies to en- shall, subject to the availability of appro- Attorney General, in consultation with the able program participants sentenced to priations, select an appropriate number of Administrative Office of the United States terms of incarceration as described in para- Federal judicial districts to conduct Federal Courts, shall submit to the Committee on graph (2)(E) to, where practicable, serve the reentry demonstration projects using the the Judiciary of the Senate and the Com- terms of incarceration while maintaining best practices identified in the evaluation mittee on the Judiciary of the House of Rep- employment, including allowing the terms of conducted under paragraph (1), which may resentatives a report on the impact of re- incarceration to be served on weekends. include Federal judicial districts with exist- entry of prisoners on communities in which (4) ADVISORY SENTENCING POLICIES.— ing reentry programs. The Attorney General a disproportionate number of individuals re- (A) IN GENERAL.—The United States Sen- shall determine the appropriate number of side upon release from incarceration. tencing Commission, in consultation with Federal judicial districts to conduct dem- (2) CONTENTS.—The report required under the Chief Probation Officers, the United onstration projects under this paragraph. paragraph (1) shall analyze the impact of re- States Attorneys, Federal Defenders, and (3) PROJECT DESIGN.—For each Federal ju- entry of individuals released from both State Chief Judges of the districts selected for par- dicial district selected under paragraph (2), and Federal correctional systems as well as ticipation in the pilot program required the United States Attorney, in consultation State and Federal juvenile justice systems, under paragraph (1), shall establish advisory with the Chief Judge, Chief Federal De- and shall include— sentencing policies to be used by the district fender, the Chief Probation Officer, the Bu- (A) an assessment of the reentry burdens courts in imposing sentences of incarcer- reau of Justice Assistance, the National In- borne by local communities and local law en- ation in accordance with paragraph (2)(E). stitute of Justice, and criminal justice ex- forcement agencies; (B) REQUIREMENT.—The advisory sen- perts shall design a Federal reentry dem- (B) a review of the resources available in tencing policies established under subpara- onstration project for the Federal judicial such communities to support successful re- graph (A) shall be consistent with the stated district in accordance with paragraph (4). entry, including resources provided by State, goal of the pilot program to impose predict- (4) PROJECT ELEMENTS.—A project designed local, and Federal governments, the extent able and graduated sentences that are no under paragraph (3) shall coordinate efforts to which those resources are used effectively; longer than necessary for violations of pro- by Federal agencies to assist participating and gram rules. prisoners in preparing for and adjusting to (C) recommendations to strengthen the re- (5) DURATION OF PROGRAM.—The pilot pro- reentry into the community and may in- sources in such communities available to gram required under paragraph (1) shall con- clude, as appropriate— support successful reentry and to lessen the tinue for not less than 5 years and may be (A) the use of community correctional fa- burden placed on such communities by the extended for not more than 5 years by the cilities and home confinement, as deter- need to support reentry. Administrative Office of the United States mined to be appropriate by the Bureau of (c) FACILITATING REENTRY ASSISTANCE TO Courts. Prisons; VETERANS.— (6) ASSESSMENT OF PROGRAM OUTCOMES AND (B) a reentry review team for each prisoner (1) IN GENERAL.—Not later than 2 months REPORT TO CONGRESS.— to develop a reentry plan specific to the after the date of the commencement of a

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.082 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6652 CONGRESSIONAL RECORD — SENATE October 19, 2017 prisoner’s sentence pursuant to section which an offense for which the defendant is to expand the record by submitting addi- 3585(a) of title 18, United States Code, the Di- imprisoned was prosecuted; tional written materials relating to the mo- rector of the Bureau of Prisons shall notify ‘‘(5) whether the defendant has dem- tion. the Secretary of Veterans Affairs and the onstrated maturity, rehabilitation, and a fit- ‘‘(B) HEARING.— Secretary of Labor if the prisoner’s ness to reenter society sufficient to justify a ‘‘(i) IN GENERAL.—The court shall conduct presentence report, prepared pursuant to sec- sentence reduction; a hearing on the motion, at which the de- tion 3552 of title 18, United States Code, indi- ‘‘(6) any statement, which may be pre- fendant and counsel for the defendant shall cates that the prisoner has previously served sented orally or otherwise, by any victim of be given the opportunity to be heard. in the Armed Forces of the United States or an offense for which the defendant is impris- ‘‘(ii) EVIDENCE.—In a hearing under this if the prisoner has so notified the Bureau of oned or by a family member of the victim if section, the court may allow for parties to Prisons. the victim is deceased; present evidence. (2) POST-COMMENCEMENT NOTICE.—If the ‘‘(7) any report of physical, mental, or psy- ‘‘(iii) DEFENDANT’S PRESENCE.—At a hear- prisoner informs the Bureau of Prisons of the chiatric examination of the defendant con- ing under this section, the defendant shall be prisoner’s prior service in the Armed Forces ducted by a licensed health care profes- present unless the defendant waives the of the United States after the commence- sional; right to be present. The requirement under ment of the prisoner’s sentence, the Director ‘‘(8) the family and community cir- this clause may be satisfied by the defendant of the Bureau of Prisons shall notify the Sec- cumstances of the defendant at the time of appearing by video teleconference. retary of Veterans Affairs and the Secretary the offense, including any history of abuse, ‘‘(iv) COUNSEL.—A defendant who is unable of Labor not later than 2 months after the trauma, or involvement in the child welfare to obtain counsel is entitled to have counsel date on which the prisoner provides such no- system; appointed to represent the defendant for pro- tice. ‘‘(9) the extent of the role of the defendant ceedings under this section, including any (3) CONTENTS OF NOTICE.—The notice pro- in the offense and whether, and to what ex- appeal, unless the defendant waives the right vided by the Director of the Bureau of Pris- tent, an adult was involved in the offense; to counsel. ons to the Secretary of Veterans Affairs and ‘‘(10) the diminished culpability of juve- ‘‘(v) FINDINGS.—The court shall state in the Secretary of Labor under this subsection niles as compared to that of adults, and the open court, and file in writing, the reasons shall include the identity of the prisoner, the hallmark features of youth, including imma- for granting or denying a motion under this facility in which the prisoner is located, the turity, impetuosity, and failure to appre- section. prisoner’s offense of conviction, and the ciate risks and consequences, which counsel ‘‘(C) APPEAL.—The Government or the de- length of the prisoner’s sentence. against sentencing them to the otherwise ap- fendant may file a notice of appeal in the (4) ACCESS TO VA AND DOL.—The Bureau of plicable term of imprisonment; district court for review of a final order Prisons shall provide the Department of Vet- ‘‘(11) input from local law enforcement au- under this section. The time limit for filing erans Affairs and the Department of Labor thorities regarding prior conduct and any such appeal shall be governed by rule 4(a) of with reasonable access to any prisoner who other relevant information; and the Federal Rules of Appellate Procedure. has previously served in the Armed Forces of ‘‘(12) any other information the court de- ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO- the United States for purposes of facilitating termines relevant to the decision of the GRAMS.—A defendant who is convicted and that prisoner’s reentry. court. sentenced as an adult for an offense com- ‘‘(d) LIMITATION ON APPLICATIONS PURSU- mitted and completed before the defendant SEC. 107. PAROLE FOR JUVENILES. ANT TO THIS SECTION.— attained 18 years of age may not be deprived (a) IN GENERAL.—Chapter 403 of title 18, ‘‘(1) SECOND APPLICATION.—Not earlier than of any educational, training, or rehabilita- United States Code, is amended by inserting 5 years after the date on which an order en- tive program that is otherwise available to after section 5032 the following: tered by a court on an initial application the general prison population.’’. ‘‘§ 5032A. Modification of an imposed term of under this section becomes final, a court (b) TABLE OF SECTIONS.—The table of sec- imprisonment for violations of law com- shall entertain a second application by the tions for chapter 403 of title 18, United mitted prior to age 18 same defendant under this section. States Code, is amended by inserting after ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(2) FINAL APPLICATION.—Not earlier than 5 the item relating to section 5032 the fol- other provision of law, a court may reduce a years after the date on which an order en- lowing: term of life imprisonment imposed upon a tered by a court on a second application ‘‘5032A. Modification of an imposed term of defendant convicted as an adult for an of- under paragraph (1) becomes final, a court imprisonment for violations of fense committed and completed before the shall entertain a final application by the law committed prior to age defendant attained 18 years of age if— same defendant under this section. 18.’’. ‘‘(1) the defendant has served 30 years in ‘‘(3) PROHIBITION.—A court may not enter- (c) APPLICABILITY.—The amendments made custody for the offense; and tain an application filed after an application by this section shall apply to any conviction ‘‘(2) the court finds, after considering the filed under paragraph (2) by the same defend- entered before, on, or after the date of enact- factors set forth in subsection (c), that the ant. ment of this Act. defendant is not a danger to the safety of ‘‘(e) PROCEDURES.— SEC. 108. COMPASSIONATE RELEASE INITIATIVE. any person or the community and that the ‘‘(1) NOTICE.—The Bureau of Prisons shall Section 231(g) of the Second Chance Act of interests of justice warrant a sentence modi- provide written notice of this section to— 2007 (34 U.S.C. 60541(g)) is amended— fication. ‘‘(A) any defendant who has served 19 years (1) in paragraph (1)— ‘‘(b) SUPERVISED RELEASE.—Any defendant in prison for an offense committed and com- (A) by inserting ‘‘and eligible terminally whose sentence is reduced pursuant to sub- pleted before the defendant attained 18 years ill offenders’’ after ‘‘elderly offenders’’ each section (a) shall be ordered to serve a period of age for which the defendant was convicted place that term appears; and of supervised release of not less than 5 years as an adult; and (B) in subparagraph (B), by inserting ‘‘, following release from imprisonment. The ‘‘(B) the sentencing court, the United upon written request from either the Bureau conditions of supervised release and any States attorney, and the Federal Public De- of Prisons or an eligible elderly offender or modification or revocation of the term of su- fender or Executive Director of the Commu- eligible terminally ill offender’’ after ‘‘to pervise release shall be in accordance with nity Defender Organization for the judicial home detention’’; section 3583. district in which the sentence described in (2) in paragraph (2), by inserting ‘‘or eligi- ‘‘(c) FACTORS AND INFORMATION TO BE CON- subparagraph (A) was imposed. ble terminally ill offender’’ after ‘‘elderly of- SIDERED IN DETERMINING WHETHER TO MODIFY ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving fender’’; A TERM OF IMPRISONMENT.—The court, in de- noticed under paragraph (1), the United (3) in paragraph (3), by striking ‘‘and shall termining whether to reduce a term of im- States attorney shall provide any notifica- be carried out during fiscal years 2009 and prisonment pursuant to subsection (a), shall tions required under section 3771. 2010’’; consider— ‘‘(3) APPLICATION.— (4) in paragraph (4)— ‘‘(1) the factors described in section 3553(a), ‘‘(A) IN GENERAL.—An application for a sen- (A) by inserting ‘‘or eligible terminally ill including the nature of the offense and the tence reduction under this section shall be offender’’ after ‘‘each eligible elderly of- history and characteristics of the defendant; filed as a motion to reduce the sentence of fender’’; and ‘‘(2) the age of the defendant at the time of the defendant and may include affidavits or (B) by inserting ‘‘and eligible terminally the offense; other written material. ill offenders’’ after ‘‘eligible elderly offend- ‘‘(3) a report and recommendation of the ‘‘(B) REQUIREMENT.—A motion to reduce a ers’’; and Bureau of Prisons, including information on sentence under this section shall be filed (5) in paragraph (5)— whether the defendant has substantially with the sentencing court and a copy shall (A) in subparagraph (A)— complied with the rules of each institution be served on the United States attorney for (i) in clause (i), by striking ‘‘65 years’’ and to which the defendant has been confined the judicial district in which the sentence inserting ‘‘60 years’’; and and whether the defendant has completed was imposed. (ii) in clause (ii)— any educational, vocational, or other prison ‘‘(4) EXPANDING THE RECORD; HEARING.— (I) by striking ‘‘the greater of 10 years or’’; program, where available; ‘‘(A) EXPANDING THE RECORD.—After the fil- and ‘‘(4) a report and recommendation of the ing of a motion to reduce a sentence under (II) by striking ‘‘75 percent’’ and inserting United States attorney for any district in this section, the court may direct the parties ‘‘2⁄3’’; and

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.082 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6653 (B) by adding at the end the following: by this Act, is further amended by adding at local, and tribal governments, a report that ‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.— the end the following: details the findings and supplemental guid- The term ‘eligible terminally ill offender’ ‘‘4050. Secure firearms storage.’’. ance of the Commission regarding the crimi- means an offender in the custody of the Bu- nal justice system at all levels of govern- TITLE III—NATIONAL CRIMINAL JUSTICE reau of Prisons who— ment. COMMISSION ‘‘(i) is serving a term of imprisonment (2) MAJORITY VOTE REQUIRED.—Commission based on conviction for an offense or offenses SEC. 301. SHORT TITLE. findings and supplemental guidance may be that do not include any crime of violence (as This title may be cited as the ‘‘National adopted and included in the report required defined in section 16 of title 18, United States Criminal Justice Commission Act of 2017’’. under paragraph (1) if the findings or guid- Code), sex offense (as defined in section 111(5) SEC. 302. FINDINGS. ance is approved by a majority vote of the of the Sex Offender Registration and Notifi- Congress finds that— Commissioners at a meeting where a quorum cation Act (34 U.S.C. 20911(5)), offense de- (1) it is in the interest of the Nation to es- is present pursuant to section 306(d), except scribed in section 2332b(g)(5)(B) of title 18, tablish a commission to undertake a com- that any Commissioners dissenting from par- United States Code, or offense under chapter prehensive review of the criminal justice ticular finding or supplemental guidance 37 of title 18, United States Code; system; shall have the right to state the reason for ‘‘(ii) satisfies the criteria specified in (2) there has not been a comprehensive their dissent in writing and such dissent clauses (iii) through (vii) of subparagraph study since the President’s Commission on shall be included in the report of the Com- (A); and Law Enforcement and Administration of mission. ‘‘(iii) has been determined by a medical Justice was established in 1965; (3) REQUIREMENT.—The report submitted doctor approved by the Bureau of Prisons to (3) that commission, in a span of 18 under this subsection shall be made avail- be— months, produced a comprehensive report able to the public. ‘‘(I) in need of care at a nursing home, in- entitled ‘‘The Challenge of Crime in a Free (d) PRIOR COMMISSIONS.—The Commission termediate care facility, or assisted living Society’’, which contained 200 specific rec- shall take into consideration the work of facility, as those terms are defined in section ommendations on all aspects of the criminal prior relevant commissions in conducting its 232 of the National Housing Act (12 U.S.C. justice system involving Federal, State, trib- review. 1715w); or al, and local governments, civic organiza- (e) STATE AND LOCAL GOVERNMENT.—In ‘‘(II) diagnosed with a terminal illness.’’. tions, religious institutions, business groups, issuing its recommendations and report and individual citizens; and under this section, the Commission shall not TITLE II—BUREAU OF PRISONS SECURE (4) developments over the intervening 50 infringe on the legitimate rights of the FIREARMS STORAGE years require once again that Federal, State, States to determine their own criminal laws SEC. 201. SHORT TITLE. tribal, and local governments, law enforce- or the enforcement of such laws. This title may be cited as the ‘‘Lieutenant ment agencies, including rank and file offi- (f) PUBLIC HEARINGS.—The Commission Osvaldo Albarati Correctional Officer Self- cers, civil rights organizations, community- shall conduct public hearings in various lo- Protection Act of 2017’’. based organization leaders, civic organiza- cations around the United States. (g) CONSULTATION WITH GOVERNMENT AND SEC. 202. FINDINGS. tions, religious institutions, business groups, NONGOVERNMENT REPRESENTATIVES.— and individual citizens come together to re- Congress finds that— (1) IN GENERAL.—The Commission shall— view evidence and consider how to improve (1) the Law Enforcement Officers Safety (A) closely consult with Federal, State, the criminal justice system. Act of 2004 (Public Law 108–277; 118 Stat. 865) local, and tribal government and nongovern- gives certain law enforcement officers, in- SEC. 303. ESTABLISHMENT OF COMMISSION. mental leaders, including State, local, and cluding certain correctional officers of the There is established a commission to be tribal law enforcement officials, including Bureau of Prisons, the right to carry a con- known as the ‘‘National Criminal Justice rank and file officers, legislators, public cealed firearm in all 50 States for self-protec- Commission’’ (referred to in this title as the health officials, judges, court administra- tion; ‘‘Commission’’). tors, prosecutors, defense counsel, victims’ (2) the purpose of that Act is to allow cer- SEC. 304. PURPOSE OF THE COMMISSION. rights organizations, probation and parole tain law enforcement officers to protect The Commission shall— officials, criminal justice planners, crimi- themselves while off duty; (1) undertake a comprehensive review of nologists, civil rights and liberties organiza- (3) correctional officers of the Bureau of the criminal justice system; tions, community-based organization lead- Prisons have been the targets of assaults and (2) make recommendations for Federal ers, formerly incarcerated individuals, pro- murders while off duty; and criminal justice reform to the President and fessional organizations, and corrections offi- (4) while that Act allows certain law en- Congress; and cials; and forcement officers to protect themselves off (3) disseminate findings and supplemental (B) include in the final report required duty, the Director of the Bureau of Prisons guidance to the Federal Government, as well under subsection (c) summaries of the input allows correctional officers of the Bureau of as to State, local, and tribal governments. and recommendations of these leaders. Prisons to securely store personal firearms SEC. 305. REVIEW, RECOMMENDATIONS, AND RE- (2) UNITED STATES SENTENCING COMMIS- at only 33 Federal penal and correctional in- PORT. SION.—To the extent the review and rec- stitutions while at work. (a) GENERAL REVIEW.—The Commission ommendations required by this section re- SEC. 203. SECURE FIREARMS STORAGE. shall undertake a comprehensive review of late to sentencing policies and practices for (a) IN GENERAL.—Chapter 303 of title 18, all areas of the criminal justice system, in- the Federal criminal justice system, the United States Code, is amended by adding at cluding Federal, State, local, and tribal gov- Commission shall conduct such review and the end the following: ernments’ criminal justice costs, practices, make such recommendations in consultation and policies. with the United States Sentencing Commis- ‘‘§ 4050. Secure firearms storage (b) RECOMMENDATIONS.— sion. ‘‘(a) DEFINITIONS.—In this section— (1) IN GENERAL.—Not later than 18 months (h) SENSE OF CONGRESS, GOAL OF UNA- ‘‘(1) the term ‘employee’ means a qualified after the first meeting of the Commission, NIMITY.—It is the sense of the Congress that, law enforcement officer employed by the Bu- the Commission shall submit to the Presi- given the national importance of the matters reau of Prisons; and dent and Congress recommendations for before the Commission, the Commission ‘‘(2) the terms ‘firearm’ and ‘qualified law changes in Federal oversight, policies, prac- should work toward unanimously supported enforcement officer’ have the meanings tices, and laws designed to prevent, deter, findings and supplemental guidance, and given those terms in section 926B. and reduce crime and violence, reduce recidi- that unanimously supported findings and ‘‘(b) SECURE FIREARMS STORAGE.—The Di- vism, improve cost-effectiveness, and ensure supplemental guidance should take prece- rector of the Bureau of Prisons shall ensure the interests of justice at every step of the dence over those findings and supplemental that each chief executive officer of a Federal criminal justice system. guidance that are not unanimously sup- penal or correctional institution— (2) UNANIMOUS CONSENT REQUIRED.—A rec- ported. ‘‘(1)(A) provides a secure storage area lo- ommendation of the Commission may be SEC. 306. MEMBERSHIP. cated outside of the secure perimeter of the adopted and submitted under paragraph (1) if (a) IN GENERAL.—The Commission shall be institution for employees to store firearms; the recommendation is approved by a unani- composed of 14 members, as follows: or mous vote of the Commissioners at a meet- (1) One member shall be appointed by the ‘‘(B) allows employees to store firearms in ing where a quorum is present pursuant to President, who shall serve as co-chairman of a vehicle lockbox approved by the Director section 306(d). the Commission. of the Bureau of Prisons; and (3) REQUIREMENT.—The recommendations (2) One member shall be appointed by the ‘‘(2) notwithstanding any other provision submitted under this subsection shall be leader of the Senate, in consultation with of law, allows employees to carry concealed made available to the public. the leader of the House of Representatives, firearms on the premises outside of the se- (c) REPORT.— that is a member of the opposite party of the cure perimeter of the institution.’’. (1) IN GENERAL.—Not later than 18 months President, who shall serve as co-chairman of (b) TECHNICAL AND CONFORMING AMEND- after the first meeting of the Commission, the Commission. MENT.—The table of sections for chapter 303 the Commission shall also disseminate to the (3) Two members shall be appointed by the of title 18, United States Code, as amended Federal Government, as well as to State, senior member of the Senate leadership of

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the Democratic Party, in consultation with (2) QUORUM.—Eight members of the Com- States, State, or local government shall the Democratic leadership of the Committee mission shall constitute a quorum for pur- serve without compensation in addition to on the Judiciary. poses of conducting business, except that 2 that received for their services as officers or (4) Two members shall be appointed by the members of the Commission shall constitute employees. senior member of the Senate leadership of a quorum for purposes of receiving testi- (5) TRAVEL EXPENSES.—While away from the Republican Party, in consultation with mony. their homes or regular places of business in the Republican leadership of the Committee (3) VACANCIES.—Any vacancy in the Com- the performance of services for the Commis- on the Judiciary. mission shall not affect its powers, but shall sion, members of the Commission shall be al- (5) Two members shall be appointed by the be filled in the same manner in which the lowed travel expenses, including per diem in senior member of the leadership of the House original appointment was made. If vacancies lieu of subsistence, in the same manner as of Representatives of the Republican Party, in the Commission occur on any day after 45 persons employed intermittently in the Gov- in consultation with the Republican leader- days after the date of the enactment of this ernment service are allowed expenses under ship of the Committee on the Judiciary. Act, a quorum shall consist of a majority of section 5703(b) of title 5, United States Code. (6) Two members shall be appointed by the the members of the Commission as of such (b) EXPERTS AND CONSULTANTS.—With the senior member of the leadership of the House day, so long as not less than 1 Commission approval of the Commission, the Executive of Representatives of the Democratic Party, member chosen by a member of each party, Director may procure temporary and inter- in consultation with the Democratic leader- Republican and Democratic, is present. mittent services under section 3109(b) of title ship of the Committee on the Judiciary. (e) ACTIONS OF COMMISSION.— 5, United States Code. (7) Two members, who shall be State and (1) IN GENERAL.—The Commission— (c) DETAIL OF GOVERNMENT EMPLOYEES.— local representatives, shall be appointed by (A) shall, subject to the requirements of Upon the request of the Commission, the the President in agreement with leader of section 305, act by resolution agreed to by a head of any Federal agency may detail, with- the Senate (majority or minority leader, as majority of the members of the Commission out reimbursement, any of the personnel of the case may be) of the Republican Party voting and present; and such agency to the Commission to assist in and the leader of the House of Representa- (B) may establish panels composed of less carrying out the duties of the Commission. tives (majority or minority leader, as the than the full membership of the Commission Any such detail shall not interrupt or other- case may be) of the Republican Party. for purposes of carrying out the duties of the wise affect the civil service status or privi- (8) Two members, who shall be State and Commission under this title— leges of the Federal employee. local representatives, shall be appointed by (i) which shall be subject to the review and (d) OTHER RESOURCES.—The Commission the President in agreement with leader of control of the Commission; and shall have reasonable access to materials, re- the Senate (majority or minority leader, as (ii) any findings and determinations made sources, statistical data, and other informa- the case may be) of the Democratic Party by such a panel shall not be considered the tion such Commission determines to be nec- and the leader of the House of Representa- findings and determinations of the Commis- essary to carry out its duties from the Li- tives (majority or minority leader, as the sion unless approved by the Commission. brary of Congress, the Department of Jus- case may be) of the Democratic Party. (2) DELEGATION.—Any member, agent, or tice, the Office of National Drug Control Pol- (b) MEMBERSHIP.— staff of the Commission may, if authorized icy, the Department of State, and other (1) QUALIFICATIONS.—The individuals ap- by the co-chairs of the Commission, take any agencies of the executive and legislative pointed from private life as members of the action which the Commission is authorized branches of the Federal Government. The co- Commission shall be individuals with distin- to take pursuant to this title. chairs of the Commission shall make re- guished reputations for integrity and non- quests for such access in writing when nec- SEC. 307. ADMINISTRATION. partisanship who are nationally recognized essary. for expertise, knowledge, or experience in (a) STAFF.— (e) VOLUNTEER SERVICES.—Notwith- such relevant areas as— (1) EXECUTIVE DIRECTOR.—The Commission standing the provisions of section 1342 of (A) law enforcement; shall have a staff headed by an Executive Di- title 31, United States Code, the Commission (B) criminal justice; rector. The Executive Director shall be paid is authorized to accept and utilize the serv- (C) national security; at a rate established for the Certified Plan ices of volunteers serving without compensa- (D) prison and jail administration; pay level for the Senior Executive Service tion. The Commission may reimburse such (E) prisoner reentry; under section 5382 of title 5, United States volunteers for local travel and office sup- (F) public health, including physical and Code. plies, and for other travel expenses, includ- sexual victimization, drug addiction and (2) APPOINTMENT AND COMPENSATION.—The ing per diem in lieu of subsistence, as au- mental health; co-chairs of the Commission shall designate thorized by section 5703 of title 5, United (G) victims’ rights; and fix the compensation of the Executive States Code. A person providing volunteer (H) civil rights; Director and, in accordance with rules services to the Commission shall be consid- (I) civil liberties; agreed upon by the Commission, may ap- ered an employee of the Federal Government (J) court administration; point and fix the compensation of such other in performance of those services for the pur- (K) social services; and personnel as may be necessary to enable the poses of chapter 81 of title 5, United States (L) State, local, and tribal government. Commission to carry out its functions, with- Code, relating to compensation for work-re- (2) DISQUALIFICATION.—An individual shall out regard to the provisions of title 5, United lated injuries, chapter 171 of title 28, United not be appointed as a member of the Com- States Code, governing appointments in the States Code, relating to tort claims, and mission if such individual possesses any per- competitive service, and without regard to chapter 11 of title 18, United States Code, re- sonal financial interest in the discharge of the provisions of chapter 51 and subchapter lating to conflicts of interest. any of the duties of the Commission. III of chapter 53 of such title relating to clas- (f) OBTAINING OFFICIAL DATA.—The Com- (3) TERMS.—Members shall be appointed for sification and General Schedule pay rates, mission may secure directly from any agen- the life of the Commission. except that no rate of pay fixed under this cy of the United States information nec- (c) APPOINTMENT; FIRST MEETING.— subsection may exceed the equivalent of that essary to enable it to carry out this title. (1) APPOINTMENT.—Members of the Com- payable for a position at level V of the Exec- Upon the request of the co-chairs of the mission shall be appointed not later than 45 utive Schedule under section 5316 of title 5, Commission, the head of that department or days after the date of the enactment of this United States Code. agency shall furnish that information to the Act. (3) PERSONNEL AS FEDERAL EMPLOYEES.— Commission. The Commission shall not have (2) FIRST MEETING.—The Commission shall (A) IN GENERAL.—The Executive Director access to sensitive information regarding on- hold its first meeting on the date that is 60 and any personnel of the Commission who going investigations. days after the date of enactment of this Act, are employees shall be employees under sec- (g) MAILS.—The Commission may use the or not later than 30 days after the date on tion 2105 of title 5, United States Code, for United States mails in the same manner and which funds are made available for the Com- purposes of chapters 63, 81, 83, 84, 85, 87, 89, under the same conditions as other depart- mission, whichever is later. and 90 of that title. ments and agencies of the United States. (3) ETHICS.—At the first meeting of the (B) MEMBERS OF COMMISSION.—Subpara- (h) ADMINISTRATIVE REPORTING.—The Com- Commission, the Commission shall draft ap- graph (A) shall not be construed to apply to mission shall issue biannual status reports propriate ethics guidelines for commis- members of the Commission. to Congress regarding the use of resources, sioners and staff, including guidelines relat- (4) THE COMPENSATION OF COMMISSIONERS.— salaries, and all expenditures of appropriated ing to conflict of interest and financial dis- Each member of the Commission may be funds. closure. The Commission shall consult with compensated at not to exceed the daily (i) CONTRACTS.—The Commission is author- the Senate and House Committees on the Ju- equivalent of the annual rate of basic pay in ized to enter into contracts with Federal and diciary as a part of drafting the guidelines effect for a position at level V of the Execu- State agencies, private firms, institutions, and furnish the committees with a copy of tive Schedule under section 5315 of title 5, and individuals for the conduct of activities the completed guidelines. United States Code, for each day during necessary to the discharge of its duties and (d) MEETINGS; QUORUM; VACANCIES.— which that member is engaged in the actual responsibilities. A contract, lease or other (1) MEETINGS.—The Commission shall meet performance of the duties of the Commis- legal agreement entered into by the Commis- at the call of the co-chairs or a majority of sion. All members of the Commission who sion may not extend beyond the date of the its members. are officers or employees of the United termination of the Commission.

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(j) GIFTS.—Subject to existing law, the S. RES. 294 Whereas employee-owners feel better pre- Commission may accept, use, and dispose of Whereas on October 4, 2017, the Minnesota pared to cover the expenses of life and retire gifts or donations of services or property. Lynx won the 2017 Women’s National Basket- with a greater sense of financial security; (k) ADMINISTRATIVE ASSISTANCE.—The Ad- ball Association (referred to in this preamble and ministrator of General Services shall provide as the ‘‘WNBA’’) championship; Whereas employee-owned companies have to the Commission, on a reimbursable basis, Whereas this is the fourth national cham- a rich history in communities across the the administrative support services nec- pionship that the Minnesota Lynx have won United States: Now, therefore, be it essary for the Commission to carry out its in 7 years; Resolved, That the Senate— responsibilities under this title. These ad- Whereas the Minnesota Lynx beat the Los (1) designates October 2017 as ‘‘National ministrative services may include human re- Angeles Sparks in game 5 of the WNBA Con- Employee Ownership Month’’; source management, budget, leasing, ac- ference Finals and bested the Washington (2) supports employee-owned businesses; counting, and payroll services. Mystics in the semifinals; and (l) NONAPPLICABILITY OF FACA AND PUBLIC Whereas the Minnesota Lynx finished the (3) acknowledges that employee-owned ACCESS TO MEETINGS AND MINUTES.— regular season with the best record, 27–7, and companies have a positive impact on work- (1) IN GENERAL.—The Federal Advisory earned the top seed; ers, businesses, and communities. Committee Act (5 U.S.C. App.) shall not Whereas the 2017 WNBA Finals made ESPN f apply to the Commission. history by becoming the third-most viewed (2) MEETINGS AND MINUTES.— championship series, averaging 559,000 view- SENATE RESOLUTION 296—DESIG- (A) MEETINGS.— ers for the 5-game series; NATING THE WEEK OF NOVEM- (i) ADMINISTRATION.—All meetings of the Whereas attendance for this postseason BER 5 THROUGH 12, 2017, AS ‘‘NA- Commission shall be open to the public, ex- rose to a high of 9,596 spectators per game, TIONAL CARBON MONOXIDE POI- cept that a meeting or any portion of it may making it the highest-attended WNBA SONING AWARENESS WEEK’’ be closed to the public if it concerns matters Finals in 7 years, and attracting 10 percent or information described in section 552b(c) of more spectators as compared to last season; Ms. KLOBUCHAR (for herself and Mr. title 5, United States Code. Interested per- Whereas 14,632 fans attended the sold-out HOEVEN) submitted the following reso- sons shall be permitted to appear at open championship game at Williams Arena, lution; which was referred to the Com- meetings and present oral or written state- known as ‘‘The Barn,’’ in Minneapolis to mittee on the Judiciary: ments on the subject matter of the meeting. cheer on the Minnesota Lynx; S. RES. 296 Whereas the Minnesota Lynx benefit from The Commission may administer oaths or af- Whereas carbon monoxide is an odorless, the stellar coaching leadership of Head firmations to any person appearing before it. colorless gas that is produced whenever any Coach Cheryl Reeve and Assistant Coaches (ii) NOTICE.—All open meetings of the Com- fuel, such as natural gas, propane, gasoline, mission shall be preceded by timely public Shelley Patterson, James Wade, and Walt Hopkins; oil, kerosene, wood, or charcoal, is burned; notice in the Federal Register of the time, Whereas devices that produce carbon mon- place, and subject of the meeting. Whereas the Minnesota Lynx feature 4 world champion and gold medal athletes, in- oxide include cars, boats, portable power (B) MINUTES AND PUBLIC AVAILABILITY.— generators, gasoline engines, stoves, and Minutes of each open meeting shall be kept cluding Lindsay Whalen, Maya Moore, Seimone Augustus, and Sylvia Fowles, as heating systems, and carbon monoxide pro- and shall contain a record of the people duced from these sources can build up in en- present, a description of the discussion that well as highly talented professional athletes, including Rebekkah Brunson, Renee Mont- closed or semi-enclosed spaces; occurred, and copies of all statements filed. Whereas carbon monoxide is often referred The minutes and records of all open meet- gomery, Temi Fagbenle, Natasha Howard, Alexis Jones, Jia Perkins, Plenette Pierson, to as the ‘‘silent killer’’ because it is color- ings and other documents that were made less, odorless, tasteless, and non-irritating, available to or prepared for the Commission and Cecilia Zandalasini; Whereas Sylvia Fowles received the 2017 and ignoring early stages of carbon mon- shall be available for public inspection and oxide poisoning may cause unconsciousness copying at a single location in the offices of WNBA Finals Most Valuable Player award; Whereas Rebekkah Brunson is the first and continual exposure to danger; the Commission. Whereas according to the Centers for Dis- (m) ARCHIVING.—Not later than the date of WNBA player to win 5 championships; and Whereas the Minnesota Lynx join the ease Control and Prevention, each year in termination of the Commission, all records the United States, carbon monoxide poi- and papers of the Commission shall be deliv- Houston Comets as the only team to win 4 championships, all under the coaching of soning kills more than 150 individuals and ered to the Archivist of the United States for sends approximately 20,000 individuals to deposit in the National Archives. Head Coach Cheryl Reeve: Now, therefore, be it emergency rooms; SEC. 308. AUTHORIZATION FOR USE OF FUNDS. Resolved, That the Senate— Whereas when people breathe in carbon For each of fiscal years 2018 and 2019, the (1) recognizes the achievements of the monoxide, the poisonous gas enters the Attorney General may use, from any unobli- players, coaches, fans, and staff whose dedi- bloodstream and prevents adequate intake of gated balances made available under the cation has helped the Minnesota Lynx win oxygen, which can damage tissues and result heading ‘‘GENERAL ADMINISTRATION’’ to the the 2017 Women’s National Basketball Asso- in death; Department of Justice in an appropriations ciation championship; and Whereas, given their common preexisting Act, such amounts as are necessary, not to (2) recognizes the Twin Cities area and medical conditions, individuals older than exceed $7,000,000 per fiscal year and not to State of Minnesota for the enthusiastic sup- age 65 are particularly vulnerable to carbon exceed $14,000,000 total for both fiscal years, port of women’s professional basketball. monoxide poisoning; to carry out this title, except that none of f Whereas for most individuals who suffer the funds authorized to be used to carry out from carbon monoxide poisoning, the early this title may be used for international trav- SENATE RESOLUTION 295—DESIG- signs of exposure to low concentrations of el. NATING OCTOBER 2017 AS ‘‘NA- carbon monoxide include mild headaches and SEC. 309. SUNSET. TIONAL EMPLOYEE OWNERSHIP breathlessness upon moderate exercise; The Commission shall terminate 60 days MONTH’’ Whereas sustained or increased exposure to after the Commission submits the report re- carbon monoxide can lead to flu-like symp- quired under section 305(c) to Congress. Ms. BALDWIN (for herself, Mr. ROB- toms, including severe headaches, dizziness, ERTS, Mr. BROWN, Ms. HASSAN, Mr. tiredness, nausea, confusion, irritability, and f FRANKEN, Mr. MORAN, Mrs. MURRAY, impaired judgment, memory, and coordina- Mr. SANDERS, Mrs. SHAHEEN, Mr. tion; SUBMITTED RESOLUTIONS YOUNG, and Mr. KING) submitted the Whereas breathing in low concentrations following resolution; which was re- of carbon monoxide can cause long-term ferred to the Committee on the Judici- health damage, even after exposure to the SENATE RESOLUTION 294—CON- ary: gas ends; Whereas most cases of carbon monoxide ex- GRATULATING THE MINNESOTA S. RES. 295 LYNX WOMEN’S BASKETBALL posure occur during the colder months of De- Whereas employee-owned companies give TEAM ON WINNING THE 2017 cember, January, and February, when oil workers a voice in corporate governance, and and gas heaters are more heavily in use; WOMEN’S NATIONAL BASKET- that voice helps the long-term well-being of Whereas on January 5, 1996, the Burt fam- BALL ASSOCIATION CHAMPION- the company; ily of Kimball, Minnesota, was poisoned by SHIP Whereas employee-owned companies often carbon monoxide from a malfunctioning fur- Ms. KLOBUCHAR (for herself and Mr. outperform non-employee-owned companies nace in the home of the Burt family, result- and show greater resiliency during chal- ing in— FRANKEN) submitted the following res- lenging economic conditions; (1) the deaths of 15-month-old Zachary olution; which was referred to the Whereas employee-owned companies face Todd Burt and 4-year-old Nicholas Todd Committee on Commerce, Science, and lower staff turnover, and workers experience Burt; and Transportation: greater job security at those companies; (2) the hospitalization of Ryan Todd Burt;

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.082 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6656 CONGRESSIONAL RECORD — SENATE October 19, 2017 Whereas Cheryl Burt, the mother of Resolved, That the Senate supports Lights Whereas effective communication contrib- Zachary, Nicholas, and Ryan Burt, has on Afterschool, a national celebration of utes to building a global economy and a worked to educate the public about the dan- afterschool programs held on October 26, global community; gers of carbon monoxide poisoning, including 2017. Whereas the National Council of Teachers by testifying in December 2009 before the f of English, in conjunction with its many na- Committee on Commerce, Science, and tional and local partners, honors and cele- Transportation of the Senate; SENATE RESOLUTION 298—SUP- brates the importance of writing through the Whereas according to the North Dakota PORTING THE DESIGNATION OF National Day on Writing; Department of Health, among residents over SEPTEMBER 2017 AS ‘‘NATIONAL Whereas the National Day on Writing cele- the age of 65, carbon monoxide poisoning was ALCOHOL AND DRUG ADDICTION brates the foundational place of writing in the leading substance-related cause of death RECOVERY MONTH’’ the personal, professional, and civic lives of in North Dakota from 2009 to 2014; the people of the United States; Whereas the North Dakota Department of Mr. KING (for himself and Mrs. CAP- Whereas the National Day on Writing high- Health found that, in 2010, carbon monoxide ITO) submitted the following resolu- lights the importance of writing instruction poisoning was the second-leading cause of tion; which was considered and agreed and practice at every educational level and unintentional poisoning death among adults to: in every subject area; ages 30 through 49; S. RES. 298 Whereas the National Day on Writing em- phasizes the lifelong process of learning to Whereas on June 7, 2015, 3 adults and 1 Whereas September has been declared ‘‘Na- write and compose for different audiences, child in Blanchard, North Dakota, tragically tional Alcohol and Drug Addiction Recovery purposes, and occasions; passed away from carbon monoxide poi- Month’’; Whereas the National Day on Writing hon- soning as the result of a carbon monoxide Whereas the theme for National Alcohol ors the use of the full range of media for leak caused by an improperly vented water and Drug Addiction Recovery Month in 2017 composing, from traditional tools, including heater; and is ‘‘Join the Voices for Recovery: Strengthen print, audio, and video, to social media, in- Whereas increasing awareness about the Families and Communities’’; cluding Twitter, Facebook, and Instagram, dangers of carbon monoxide can help prevent Whereas drug overdose is the leading cause and Internet website tools, including blogs, poisoning and save lives: Now, therefore, be of accidental death in the United States, wikis, and podcasts; it with more than 63,000 lethal drug overdoses Whereas the National Day on Writing en- Resolved, That the Senate designates the in 2016 or approximately 170 lethal drug courages all people of the United States and week of November 5 through 12, 2017, as ‘‘Na- overdoses per day in 2016; overseas to write, enjoy, and learn from the tional Carbon Monoxide Poisoning Aware- Whereas drug overdose is now the leading writing of others; ness Week’’. cause of death in individuals in the United Whereas, since the inception of the States under age 50; and f hashtag #WhyIWrite in 2009, the hashtag has Whereas the motto of National Alcohol and generated hundreds of thousands of tweets Drug Addiction Recovery Month is ‘‘Preven- SENATE RESOLUTION 297—SUP- and reached millions of people, encouraging tion Works—Treatment is Effective—People PORTING LIGHTS ON AFTER- students, from elementary school through Recover’’: Now, therefore, be it SCHOOL, A NATIONAL CELEBRA- the university level, athletes, authors, and Resolved, That the Senate joins the voices TION OF AFTERSCHOOL PRO- for recovery to strengthen families and com- artists from all over the world to partici- GRAMS HELD ON OCTOBER 26, munities by— pate; 2017 (1) recognizing the importance of edu- Whereas, since October 2016, the #WhyIWrite podcast has brought the voices Mr. FRANKEN submitted the fol- cation and prevention of substance use dis- order and the critical importance and effec- of prominent authors of all genres and medi- lowing resolution; which was referred tiveness of treatment for substance use dis- ums into the conversation around the power to the Committee on Health, Edu- order; of the written word; and cation, Labor, and Pensions: (2) recognizing the possibility of recovery Whereas, on the National Day of Writing in from substance use disorder in this and every 2017, the National Council of Teachers of S. RES. 297 English encourages all people of the United Whereas more than 28,000,000 children in month; and (3) honoring and celebrating— States to tell others #WhyIWrite through the United States have parents who work print, social media, or other means: Now, outside the home; (A) the achievements of the more than 25,000,000 people of the United States who are therefore, be it Whereas high-quality programs that ex- Resolved, That the Senate— in recovery from substance use disorder; and pand learning opportunities for children, (1) supports the designation of October 20, (B) the tens of millions of recovery allies such as afterschool, before-school, summer, 2017, as the ‘‘National Day on Writing’’; who support those people. and expanded learning opportunities, provide (2) strongly affirms the purposes of the Na- safe, challenging, engaging, and fun learning f tional Day on Writing; and experiences, including experiences that en- SENATE RESOLUTION 299—EX- (3) encourages educational institutions, businesses, community and civic associa- courage science, technology, engineering, PRESSING SUPPORT FOR THE and math, that help children and youth de- tions, and other organizations to celebrate velop social, emotional, physical, cultural, DESIGNATION OF OCTOBER 20, and promote the National Day on Writing. 2017, AS THE ‘‘NATIONAL DAY ON and academic skills; f Whereas high-quality afterschool programs WRITING’’ SENATE RESOLUTION 300—RECOG- and high-quality expanded learning opportu- Mr. CASEY (for himself, Mr. ROB- NIZING THE 150TH ANNIVERSARY nities provide students with hands-on, en- ERTS, and Mr. WICKER) submitted the gaging lessons that are aligned with the following resolution; which was consid- OF MCDANIEL COLLEGE school day; Mr. CARDIN (for himself and Mr. Whereas high-quality afterschool programs ered and agreed to: VAN HOLLEN) submitted the following complement regular and expanded school S. RES. 299 days and support working families by ensur- Whereas people in the 21st century are resolution; which was considered and ing that the children of those families are writing more than ever before for personal, agreed to: safe and productive during the hours parents professional, and civic purposes; S. RES. 300 are working; Whereas the social nature of writing in- Whereas, on October 21, 2017, McDaniel Col- Whereas high-quality afterschool programs vites people of every age, profession, and lege, formerly Western Maryland College (re- engage families, schools, and diverse commu- walk of life to create meaning through com- ferred to in this preamble as the ‘‘College’’), nity partners in advancing the well-being of posing; located in Westminster, Maryland, will cele- children and youth in the United States; Whereas more and more people in every oc- brate the 150th anniversary of the first aca- Whereas high-quality afterschool programs cupation consider writing to be essential and demic year of the College; that partner with high-quality community- influential in their work; Whereas the College was the first coeduca- based organizations build stronger commu- Whereas individuals who write continue to tional college founded south of the Mason- nities by integrating schools with the larger learn how to write for different purposes, au- Dixon line and one of the first coeducational community; and diences, and occasions throughout their life- colleges in the United States; Whereas Lights On Afterschool, a national times; Whereas the founder of the College, Fay- celebration of afterschool, before-school, Whereas developing digital technologies ette Buell, a Westminster teacher, purchased summer, and expanded learning opportuni- expand the possibilities for composing in approximately 8 acres of land shortly after ties programs, held on October 26, 2017, high- multiple media at a faster pace than ever be- the Civil War in 1866 to build the College; lights the critical importance of those high- fore; Whereas the College was named Western quality programs to children and the fami- Whereas young people are leading the way Maryland College at the suggestion of John lies and communities of those children: Now, in developing new forms of composing by Smith, President of Western Maryland Rail- therefore, be it using different forms of digital media; road;

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.088 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6657 Whereas the first academic year of the Col- ious staff who have contributed to the suc- tended to be proposed to amendment SA 1116 lege began on September 4, 1867, with 5 cess of McDaniel College; and proposed by Mr. ENZI to the concurrent reso- teachers and 37 male and female students en- (3) respectfully requests that the Secretary lution H. Con. Res. 71, supra; which was or- rolled in 8 areas of study; of the Senate transmit an enrolled copy of dered to lie on the table. Whereas the State of Maryland approved this resolution to— SA 1413. Mr. BLUMENTHAL (for himself the charter of the College on March 30, 1868; (A) the president of McDaniel College; and and Mr. COONS) submitted an amendment in- Whereas the first graduating class of the (B) the provost and vice president for aca- tended to be proposed to amendment SA 1116 College honored 7 men and women on June demic affairs of McDaniel College. proposed by Mr. ENZI to the concurrent reso- lution H. Con. Res. 71, supra; which was or- 15, 1871; f Whereas, in 1919, the Department of War dered to lie on the table. authorized the Reserve Officers’ Training AMENDMENTS SUBMITTED AND SA 1414. Mr. BLUMENTHAL (for himself Corps at the College, which continues as one PROPOSED and Mr. COONS) submitted an amendment in- of the oldest Reserve Officers’ Training tended to be proposed to amendment SA 1116 SA 1399. Mr. HELLER submitted an Corps programs in the United States; proposed by Mr. ENZI to the concurrent reso- amendment intended to be proposed to Whereas, in 1923, the first earned master’s lution H. Con. Res. 71, supra; which was or- degree was offered at the College for Master amendment SA 1116 proposed by Mr. ENZI to dered to lie on the table. of Arts; the concurrent resolution H. Con. Res. 71, es- SA 1415. Mr. SULLIVAN submitted an Whereas, in January 1975, the College for- tablishing the congressional budget for the amendment intended to be proposed to mally disaffiliated from the United Meth- United States Government for fiscal year amendment SA 1116 proposed by Mr. ENZI to odist Church and firmly established an iden- 2018 and setting forth the appropriate budg- the concurrent resolution H. Con. Res. 71, tity as an independent private college of the etary levels for fiscal years 2019 through 2027; supra; which was ordered to lie on the table. liberal arts and sciences; which was ordered to lie on the table. SA 1416. Mr. SULLIVAN submitted an Whereas, in 1980, the College received a Phi SA 1400. Mr. UDALL (for himself, Mr. HEIN- amendment intended to be proposed to Beta Kappa charter, making it only the RICH, Ms. BALDWIN, and Ms. HEITKAMP) sub- amendment SA 1116 proposed by Mr. ENZI to fourth college in Maryland to house a chap- mitted an amendment intended to be pro- the concurrent resolution H. Con. Res. 71, ter of that prestigious national collegiate posed to amendment SA 1116 proposed by Mr. supra; which was ordered to lie on the table. honor society; ENZI to the concurrent resolution H. Con. SA 1417. Mr. FRANKEN submitted an Whereas, in 1994, the College opened its Res. 71, supra; which was ordered to lie on amendment intended to be proposed to first branch campus in Budapest, Hungary, the table. amendment SA 1116 proposed by Mr. ENZI to which has awarded more than 200 students SA 1401. Ms. CANTWELL submitted an the concurrent resolution H. Con. Res. 71, from over 20 countries baccalaureate degrees amendment intended to be proposed to supra; which was ordered to lie on the table. and has welcomed more than 400 students amendment SA 1116 proposed by Mr. ENZI to SA 1418. Mr. FRANKEN (for himself and from the Westminster campus who have the concurrent resolution H. Con. Res. 71, Mr. UDALL) submitted an amendment in- studied abroad there; supra; which was ordered to lie on the table. tended to be proposed to amendment SA 1116 SA 1402. Mr. BENNET submitted an Whereas, in 1996, the College was among 40 proposed by Mr. ENZI to the concurrent reso- amendment intended to be proposed to institutions included in the seminal guide lution H. Con. Res. 71, supra; which was or- book Colleges That Change Lives, and has amendment SA 1116 proposed by Mr. ENZI to dered to lie on the table. continued to be included in each subsequent the concurrent resolution H. Con. Res. 71, SA 1419. Ms. COLLINS (for herself and Mr. edition of that book; supra; which was ordered to lie on the table. NELSON) submitted an amendment intended SA 1403. Mr. BENNET submitted an Whereas, on July 1, 2002, Western Maryland to be proposed to amendment SA 1116 pro- amendment intended to be proposed to College changed its name to McDaniel Col- posed by Mr. ENZI to the concurrent resolu- amendment SA 1116 proposed by Mr. ENZI to lege, honoring William Roberts McDaniel, tion H. Con. Res. 71, supra; which was or- the concurrent resolution H. Con. Res. 71, alumnus of the class of 1880, professor, Sec- dered to lie on the table. retary of the Faculty, Vice President, Treas- supra; which was ordered to lie on the table. SA 1420. Mrs. MCCASKILL (for herself and SA 1404. Mr. ENZI (for Mr. PAUL) proposed urer, Acting President, and member of the Mr. WYDEN) submitted an amendment in- an amendment to amendment SA 1116 pro- Board of Trustees of the College; tended to be proposed to amendment SA 1116 posed by Mr. ENZI to the concurrent resolu- Whereas, as of October 2017, the College proposed by Mr. ENZI to the concurrent reso- tion H. Con. Res. 71, supra. serves approximately 1,600 undergraduate lution H. Con. Res. 71, supra; which was or- SA 1405. Mrs. MURRAY submitted an students and 1,400 graduate students in more dered to lie on the table. amendment intended to be proposed to SA 1421. Mr. BROWN (for himself, Ms. than 70 undergraduate programs of study (in- amendment SA 1116 proposed by Mr. ENZI to cluding dual and student-designed majors) WARREN, Ms. BALDWIN, Mr. REED, and Mr. the concurrent resolution H. Con. Res. 71, and 25 highly regarded graduate programs, DURBIN) submitted an amendment intended supra; which was ordered to lie on the table. and prepares those students with the skills to be proposed to amendment SA 1116 pro- SA 1406. Mr. COONS submitted an amend- posed by Mr. ENZI to the concurrent resolu- needed to compete and succeed in a changing ment intended to be proposed to amendment world; tion H. Con. Res. 71, supra; which was or- SA 1116 proposed by Mr. ENZI to the concur- Whereas, in 2017, the College features 72 dered to lie on the table. rent resolution H. Con. Res. 71, supra; which SA 1422. Mr. ENZI (for Mr. PORTMAN) pro- buildings on a 160-acre campus; was ordered to lie on the table. posed an amendment to amendment SA 1116 Whereas the College continues to rank SA 1407. Mr. COONS submitted an amend- proposed by Mr. ENZI to the concurrent reso- among the top liberal arts colleges in the ment intended to be proposed to amendment lution H. Con. Res. 71, supra. United States and to be recognized for a SA 1116 proposed by Mr. ENZI to the concur- SA 1423. Mr. DONNELLY submitted an commitment to access; rent resolution H. Con. Res. 71, supra; which amendment intended to be proposed to Whereas the College awards greater than 90 was ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to percent of students some type of financial SA 1408. Mr. WARNER (for himself and Mr. the concurrent resolution H. Con. Res. 71, assistance, including institutional grants YOUNG) submitted an amendment intended supra; which was ordered to lie on the table. and scholarships and Federal and State aid; to be proposed to amendment SA 1116 pro- SA 1424. Mr. DONNELLY submitted an Whereas the more than 28,000 alumni of the posed by Mr. ENZI to the concurrent resolu- amendment intended to be proposed to College reside in all 50 States, the District of tion H. Con. Res. 71, supra; which was or- amendment SA 1116 proposed by Mr. ENZI to Columbia, and 75 countries; dered to lie on the table. the concurrent resolution H. Con. Res. 71, Whereas the College has a tradition of pro- SA 1409. Mr. BLUMENTHAL (for himself supra; which was ordered to lie on the table. ducing top educators, with 3 alumnae of the and Mr. COONS) submitted an amendment in- SA 1425. Mr. NELSON submitted an amend- College being named Maryland Teachers of tended to be proposed to amendment SA 1116 ment intended to be proposed to amendment the Year since 2010; and proposed by Mr. ENZI to the concurrent reso- SA 1116 proposed by Mr. ENZI to the concur- Whereas the College continues to be com- lution H. Con. Res. 71, supra; which was or- rent resolution H. Con. Res. 71, supra; which mitted to enhancing academic and experien- dered to lie on the table. was ordered to lie on the table. tial learning opportunities for students at SA 1410. Mr. BLUMENTHAL (for himself SA 1426. Mr. RUBIO submitted an amend- the College, many of whom are the first in and Mr. COONS) submitted an amendment in- ment intended to be proposed to amendment their families to attend an institution of tended to be proposed to amendment SA 1116 SA 1116 proposed by Mr. ENZI to the concur- higher education, and producing empowered proposed by Mr. ENZI to the concurrent reso- rent resolution H. Con. Res. 71, supra; which critical thinkers who are well-prepared for lution H. Con. Res. 71, supra; which was or- was ordered to lie on the table. jobs and service that strengthen the State of dered to lie on the table. SA 1427. Mr. LEE submitted an amendment Maryland and the United States: Now, there- SA 1411. Mr. BLUMENTHAL (for himself intended to be proposed to amendment SA fore, be it and Mr. COONS) submitted an amendment in- 1116 proposed by Mr. ENZI to the concurrent Resolved, That the Senate— tended to be proposed to amendment SA 1116 resolution H. Con. Res. 71, supra; which was (1) congratulates McDaniel College on the proposed by Mr. ENZI to the concurrent reso- ordered to lie on the table. 150th anniversary of the founding of the Col- lution H. Con. Res. 71, supra; which was or- SA 1428. Mr. ENZI (for Mr. LEE) proposed lege; dered to lie on the table. an amendment to amendment SA 1116 pro- (2) recognizes the achievements of the ad- SA 1412. Mr. BLUMENTHAL (for himself posed by Mr. ENZI to the concurrent resolu- ministrators, professors, students, and var- and Mr. COONS) submitted an amendment in- tion H. Con. Res. 71, supra.

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SA 1429. Mr. ENZI (for Mr. LEE) proposed BLUMENTHAL) submitted an amendment in- SA 1116 proposed by Mr. ENZI to the concur- an amendment to amendment SA 1116 pro- tended to be proposed to amendment SA 1116 rent resolution H. Con. Res. 71, supra; which posed by Mr. ENZI to the concurrent resolu- proposed by Mr. ENZI to the concurrent reso- was ordered to lie on the table. tion H. Con. Res. 71, supra. lution H. Con. Res. 71, supra; which was or- SA 1460. Mr. REED (for himself, Mr. DUR- SA 1430. Mr. ENZI (for Mr. LEE) proposed dered to lie on the table. BIN, and Ms. WARREN) submitted an amend- an amendment to amendment SA 1116 pro- SA 1445. Mrs. MURRAY (for herself, Mr. ment intended to be proposed to amendment posed by Mr. ENZI to the concurrent resolu- FRANKEN, Mr. BROWN, Mr. BOOKER, and Ms. SA 1116 proposed by Mr. ENZI to the concur- tion H. Con. Res. 71, supra. WARREN) submitted an amendment intended rent resolution H. Con. Res. 71, supra; which SA 1431. Mr. LEE submitted an amendment to be proposed to amendment SA 1116 pro- was ordered to lie on the table. intended to be proposed to amendment SA posed by Mr. ENZI to the concurrent resolu- SA 1461. Mr. HOEVEN submitted an 1116 proposed by Mr. ENZI to the concurrent tion H. Con. Res. 71, supra; which was or- amendment intended to be proposed to resolution H. Con. Res. 71, supra; which was dered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to ordered to lie on the table. SA 1446. Mr. UDALL (for himself and Mr. the concurrent resolution H. Con. Res. 71, SA 1432. Mr. LEE submitted an amendment HEINRICH) submitted an amendment intended supra; which was ordered to lie on the table. intended to be proposed to amendment SA to be proposed to amendment SA 1116 pro- SA 1462. Mr. LEE submitted an amendment 1116 proposed by Mr. ENZI to the concurrent posed by Mr. ENZI to the concurrent resolu- intended to be proposed to amendment SA resolution H. Con. Res. 71, supra; which was tion H. Con. Res. 71, supra; which was or- 1116 proposed by Mr. ENZI to the concurrent ordered to lie on the table. dered to lie on the table. resolution H. Con. Res. 71, supra; which was SA 1433. Mr. MANCHIN submitted an SA 1447. Mr. UDALL submitted an amend- ordered to lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 1463. Mr. LEE submitted an amendment amendment SA 1116 proposed by Mr. ENZI to intended to be proposed to amendment SA SA 1116 proposed by Mr. ENZI to the concur- the concurrent resolution H. Con. Res. 71, rent resolution H. Con. Res. 71, supra; which 1116 proposed by Mr. ENZI to the concurrent supra; which was ordered to lie on the table. resolution H. Con. Res. 71, supra; which was SA 1434. Mr. MANCHIN (for himself, Mr. was ordered to lie on the table. SA 1448. Mr. UDALL submitted an amend- ordered to lie on the table. CASEY, and Mr. WARNER) submitted an SA 1464. Mr. LEE submitted an amendment ment intended to be proposed to amendment amendment intended to be proposed to intended to be proposed to amendment SA SA 1116 proposed by Mr. ENZI to the concur- amendment SA 1116 proposed by Mr. ENZI to 1116 proposed by Mr. ENZI to the concurrent rent resolution H. Con. Res. 71, supra; which the concurrent resolution H. Con. Res. 71, resolution H. Con. Res. 71, supra; which was was ordered to lie on the table. supra; which was ordered to lie on the table. SA 1449. Mr. REED submitted an amend- ordered to lie on the table. SA 1435. Mr. BENNET (for himself and Mr. SA 1465. Mr. LEE submitted an amendment ment intended to be proposed to amendment GARDNER) submitted an amendment intended intended to be proposed to amendment SA SA 1116 proposed by Mr. ENZI to the concur- to be proposed to amendment SA 1116 pro- 1116 proposed by Mr. ENZI to the concurrent rent resolution H. Con. Res. 71, supra; which posed by Mr. ENZI to the concurrent resolu- resolution H. Con. Res. 71, supra; which was was ordered to lie on the table. tion H. Con. Res. 71, supra; which was or- ordered to lie on the table. SA 1450. Mr. REED submitted an amend- dered to lie on the table. SA 1466. Mr. LEE submitted an amendment ment intended to be proposed to amendment SA 1436. Mr. DURBIN (for himself and Ms. intended to be proposed to amendment SA SA 1116 proposed by Mr. ENZI to the concur- DUCKWORTH) submitted an amendment in- 1116 proposed by Mr. ENZI to the concurrent rent resolution H. Con. Res. 71, supra; which tended to be proposed to amendment SA 1116 resolution H. Con. Res. 71, supra; which was was ordered to lie on the table. proposed by Mr. ENZI to the concurrent reso- ordered to lie on the table. lution H. Con. Res. 71, supra; which was or- SA 1451. Mr. REED (for himself and Mr. SA 1467. Mr. CASSIDY (for himself and Mr. BROWN) submitted an amendment intended dered to lie on the table. CARPER) submitted an amendment intended SA 1437. Mr. DURBIN (for himself and Ms. to be proposed to amendment SA 1116 pro- to be proposed to amendment SA 1116 pro- posed by Mr. ENZI to the concurrent resolu- DUCKWORTH) submitted an amendment in- posed by Mr. ENZI to the concurrent resolu- tended to be proposed to amendment SA 1116 tion H. Con. Res. 71, supra; which was or- tion H. Con. Res. 71, supra; which was or- proposed by Mr. ENZI to the concurrent reso- dered to lie on the table. dered to lie on the table. lution H. Con. Res. 71, supra; which was or- SA 1452. Mr. REED (for himself, Mr. SA 1468. Mr. CASSIDY submitted an dered to lie on the table. BLUMENTHAL, and Ms. WARREN) submitted an amendment intended to be proposed to SA 1438. Mr. DURBIN (for himself, Mr. amendment intended to be proposed to amendment SA 1116 proposed by Mr. ENZI to REED, Ms. BALDWIN, Ms. DUCKWORTH, Mr. amendment SA 1116 proposed by Mr. ENZI to the concurrent resolution H. Con. Res. 71, VAN HOLLEN, Mr. LEAHY, and Mr. FRANKEN) the concurrent resolution H. Con. Res. 71, supra; which was ordered to lie on the table. submitted an amendment intended to be pro- supra; which was ordered to lie on the table. SA 1469. Mr. CASSIDY submitted an posed to amendment SA 1116 proposed by Mr. SA 1453. Mr. REED (for himself and Mr. amendment intended to be proposed to ENZI to the concurrent resolution H. Con. COONS) submitted an amendment intended to amendment SA 1116 proposed by Mr. ENZI to Res. 71, supra; which was ordered to lie on be proposed to amendment SA 1116 proposed the concurrent resolution H. Con. Res. 71, the table. by Mr. ENZI to the concurrent resolution H. supra; which was ordered to lie on the table. SA 1439. Mr. DURBIN (for himself and Ms. Con. Res. 71, supra; which was ordered to lie SA 1470. Mr. CASSIDY (for himself and Mr. DUCKWORTH) submitted an amendment in- on the table. CARPER) submitted an amendment intended tended to be proposed to amendment SA 1116 SA 1454. Mr. REED (for himself, Mr. WHITE- to be proposed to amendment SA 1116 pro- proposed by Mr. ENZI to the concurrent reso- HOUSE, Ms. HIRONO, and Ms. WARREN) sub- posed by Mr. ENZI to the concurrent resolu- lution H. Con. Res. 71, supra; which was or- mitted an amendment intended to be pro- tion H. Con. Res. 71, supra; which was or- dered to lie on the table. posed to amendment SA 1116 proposed by Mr. dered to lie on the table. SA 1440. Mr. DURBIN (for himself, Mr. ENZI to the concurrent resolution H. Con. SA 1471. Mr. CASSIDY (for himself, Mr. REED, Mr. VAN HOLLEN, and Mr. FRANKEN) Res. 71, supra; which was ordered to lie on CARPER, Mr. BENNET, Mr. YOUNG, and Mr. submitted an amendment intended to be pro- the table. BARRASSO) submitted an amendment in- posed to amendment SA 1116 proposed by Mr. SA 1455. Mr. REED (for himself and Mr. tended to be proposed to amendment SA 1116 ENZI to the concurrent resolution H. Con. BROWN) submitted an amendment intended proposed by Mr. ENZI to the concurrent reso- Res. 71, supra; which was ordered to lie on to be proposed to amendment SA 1116 pro- lution H. Con. Res. 71, supra; which was or- the table. posed by Mr. ENZI to the concurrent resolu- dered to lie on the table. SA 1441. Mr. LEAHY submitted an amend- tion H. Con. Res. 71, supra; which was or- SA 1472. Mr. CASSIDY submitted an ment intended to be proposed to amendment dered to lie on the table. amendment intended to be proposed to SA 1116 proposed by Mr. ENZI to the concur- SA 1456. Mr. REED (for himself and Ms. amendment SA 1116 proposed by Mr. ENZI to rent resolution H. Con. Res. 71, supra; which WARREN) submitted an amendment intended the concurrent resolution H. Con. Res. 71, was ordered to lie on the table. to be proposed to amendment SA 1116 pro- supra; which was ordered to lie on the table. SA 1442. Mrs. MURRAY (for herself, Mr. posed by Mr. ENZI to the concurrent resolu- SA 1473. Mr. MANCHIN (for himself, Mrs. BROWN, Mr. BOOKER, Ms. WARREN, and Mr. tion H. Con. Res. 71, supra; which was or- MURRAY, and Mr. BLUMENTHAL) submitted an BLUMENTHAL) submitted an amendment in- dered to lie on the table. amendment intended to be proposed to tended to be proposed to amendment SA 1116 SA 1457. Mr. REED (for himself and Ms. amendment SA 1116 proposed by Mr. ENZI to proposed by Mr. ENZI to the concurrent reso- WARREN) submitted an amendment intended the concurrent resolution H. Con. Res. 71, lution H. Con. Res. 71, supra; which was or- to be proposed to amendment SA 1116 pro- supra; which was ordered to lie on the table. dered to lie on the table. posed by Mr. ENZI to the concurrent resolu- SA 1474. Mr. BLUMENTHAL submitted an SA 1443. Mrs. MURRAY (for herself, Mr. tion H. Con. Res. 71, supra; which was or- amendment intended to be proposed to BROWN, Mr. BOOKER, Ms. WARREN, and Mr. dered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to BLUMENTHAL) submitted an amendment in- SA 1458. Mr. REED submitted an amend- the concurrent resolution H. Con. Res. 71, tended to be proposed to amendment SA 1116 ment intended to be proposed to amendment supra; which was ordered to lie on the table. proposed by Mr. ENZI to the concurrent reso- SA 1116 proposed by Mr. ENZI to the concur- SA 1475. Mr. BLUMENTHAL submitted an lution H. Con. Res. 71, supra; which was or- rent resolution H. Con. Res. 71, supra; which amendment intended to be proposed to dered to lie on the table. was ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to SA 1444. Mrs. MURRAY (for herself, Mr. SA 1459. Mr. REED submitted an amend- the concurrent resolution H. Con. Res. 71, BROWN, Mr. BOOKER, Ms. WARREN, and Mr. ment intended to be proposed to amendment supra; which was ordered to lie on the table.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.099 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6659 SA 1476. Mr. BLUMENTHAL submitted an SA 1493. Mr. LEE submitted an amendment SA 1510. Ms. HIRONO submitted an amend- amendment intended to be proposed to intended to be proposed to amendment SA ment intended to be proposed to amendment amendment SA 1116 proposed by Mr. ENZI to 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- the concurrent resolution H. Con. Res. 71, resolution H. Con. Res. 71, supra; which was rent resolution H. Con. Res. 71, supra; which supra; which was ordered to lie on the table. ordered to lie on the table. was ordered to lie on the table. SA 1477. Mr. BLUMENTHAL (for himself SA 1494. Mr. LEE submitted an amendment SA 1511. Ms. HIRONO submitted an amend- and Mr. WYDEN) submitted an amendment intended to be proposed to amendment SA ment intended to be proposed to amendment intended to be proposed to amendment SA 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- 1116 proposed by Mr. ENZI to the concurrent resolution H. Con. Res. 71, supra; which was rent resolution H. Con. Res. 71, supra; which resolution H. Con. Res. 71, supra; which was ordered to lie on the table. was ordered to lie on the table. ordered to lie on the table. SA 1495. Mr. LEE submitted an amendment SA 1512. Ms. HIRONO submitted an amend- SA 1478. Mr. BLUMENTHAL submitted an intended to be proposed to amendment SA ment intended to be proposed to amendment amendment intended to be proposed to 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- rent resolution H. Con. Res. 71, supra; which amendment SA 1116 proposed by Mr. ENZI to resolution H. Con. Res. 71, supra; which was the concurrent resolution H. Con. Res. 71, ordered to lie on the table. was ordered to lie on the table. SA 1513. Ms. HIRONO (for herself and Mr. supra; which was ordered to lie on the table. SA 1496. Mr. LEE submitted an amendment KING) submitted an amendment intended to SA 1479. Mr. BLUMENTHAL (for himself, intended to be proposed to amendment SA be proposed to amendment SA 1116 proposed Mr. HEINRICH, Mr. MURPHY, Mrs. FEINSTEIN, 1116 proposed by Mr. ENZI to the concurrent by Mr. ENZI to the concurrent resolution H. and Mrs. MURRAY) submitted an amendment resolution H. Con. Res. 71, supra; which was Con. Res. 71, supra; which was ordered to lie intended to be proposed to amendment SA ordered to lie on the table. on the table. 1116 proposed by Mr. ENZI to the concurrent SA 1497. Mr. LEE submitted an amendment SA 1514. Ms. HIRONO submitted an amend- resolution H. Con. Res. 71, supra; which was intended to be proposed to amendment SA ment intended to be proposed to amendment ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- SA 1480. Mr. YOUNG submitted an amend- resolution H. Con. Res. 71, supra; which was rent resolution H. Con. Res. 71, supra; which ment intended to be proposed to amendment ordered to lie on the table. was ordered to lie on the table. SA 1116 proposed by Mr. ENZI to the concur- SA 1498. Mr. LEE submitted an amendment SA 1515. Ms. HIRONO (for herself and Mr. rent resolution H. Con. Res. 71, supra; which intended to be proposed to amendment SA MARKEY) submitted an amendment intended was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent to be proposed to amendment SA 1116 pro- SA 1481. Mr. YOUNG submitted an amend- resolution H. Con. Res. 71, supra; which was posed by Mr. ENZI to the concurrent resolu- ment intended to be proposed to amendment ordered to lie on the table. tion H. Con. Res. 71, supra; which was or- SA 1116 proposed by Mr. ENZI to the concur- SA 1499. Mr. LEE submitted an amendment dered to lie on the table. rent resolution H. Con. Res. 71, supra; which intended to be proposed to amendment SA SA 1516. Ms. HIRONO submitted an amend- was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent ment intended to be proposed to amendment SA 1482. Mr. YOUNG submitted an amend- resolution H. Con. Res. 71, supra; which was SA 1116 proposed by Mr. ENZI to the concur- ment intended to be proposed to amendment ordered to lie on the table. rent resolution H. Con. Res. 71, supra; which SA 1116 proposed by Mr. ENZI to the concur- SA 1500. Mr. LEE submitted an amendment was ordered to lie on the table. rent resolution H. Con. Res. 71, supra; which intended to be proposed to amendment SA SA 1517. Ms. HIRONO (for herself and Mr. was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent WYDEN) submitted an amendment intended SA 1483. Mr. WICKER submitted an amend- resolution H. Con. Res. 71, supra; which was to be proposed to amendment SA 1116 pro- ment intended to be proposed to amendment ordered to lie on the table. posed by Mr. ENZI to the concurrent resolu- SA 1116 proposed by Mr. ENZI to the concur- SA 1501. Mr. LEE submitted an amendment tion H. Con. Res. 71, supra; which was or- rent resolution H. Con. Res. 71, supra; which intended to be proposed to amendment SA dered to lie on the table. was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent SA 1518. Ms. HIRONO submitted an amend- SA 1484. Mr. WICKER submitted an amend- resolution H. Con. Res. 71, supra; which was ment intended to be proposed to amendment ment intended to be proposed to amendment ordered to lie on the table. SA 1116 proposed by Mr. ENZI to the concur- SA 1116 proposed by Mr. ENZI to the concur- SA 1502. Mr. LEE submitted an amendment rent resolution H. Con. Res. 71, supra; which rent resolution H. Con. Res. 71, supra; which intended to be proposed to amendment SA was ordered to lie on the table. was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent SA 1519. Ms. HIRONO (for herself, Mrs. SA 1485. Mr. LEE submitted an amendment resolution H. Con. Res. 71, supra; which was MURRAY, and Ms. WARREN) submitted an intended to be proposed to amendment SA ordered to lie on the table. amendment intended to be proposed to 1116 proposed by Mr. ENZI to the concurrent SA 1503. Mr. LEE submitted an amendment amendment SA 1116 proposed by Mr. ENZI to resolution H. Con. Res. 71, supra; which was intended to be proposed to amendment SA the concurrent resolution H. Con. Res. 71, ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent supra; which was ordered to lie on the table. SA 1486. Mr. LEE submitted an amendment resolution H. Con. Res. 71, supra; which was SA 1520. Mr. REED (for himself and Mr. intended to be proposed to amendment SA ordered to lie on the table. BROWN) submitted an amendment intended to be proposed to amendment SA 1116 pro- 1116 proposed by Mr. ENZI to the concurrent SA 1504. Mr. LEE submitted an amendment resolution H. Con. Res. 71, supra; which was intended to be proposed to amendment SA posed by Mr. ENZI to the concurrent resolu- tion H. Con. Res. 71, supra; which was or- ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent SA 1487. Mr. LEE submitted an amendment resolution H. Con. Res. 71, supra; which was dered to lie on the table. SA 1521. Mr. REED (for himself, Mr. WHITE- intended to be proposed to amendment SA ordered to lie on the table. HOUSE, and Mr. BROWN) submitted an amend- 1116 proposed by Mr. ENZI to the concurrent SA 1505. Mr. BOOKER (for himself and Mrs. ment intended to be proposed to amendment resolution H. Con. Res. 71, supra; which was MURRAY) submitted an amendment intended SA 1116 proposed by Mr. ENZI to the concur- ordered to lie on the table. to be proposed to amendment SA 1116 pro- rent resolution H. Con. Res. 71, supra; which SA 1488. Mr. LEE submitted an amendment posed by Mr. ENZI to the concurrent resolu- was ordered to lie on the table. intended to be proposed to amendment SA tion H. Con. Res. 71, supra; which was or- SA 1522. Mr. UDALL (for himself, Mr. HEIN- 1116 proposed by Mr. ENZI to the concurrent dered to lie on the table. RICH, Mr. BENNET, Mr. WYDEN, and Mr. MAR- resolution H. Con. Res. 71, supra; which was SA 1506. Mr. NELSON submitted an amend- KEY) submitted an amendment intended to ordered to lie on the table. ment intended to be proposed to amendment be proposed to amendment SA 1116 proposed SA 1489. Mr. LEE submitted an amendment SA 1116 proposed by Mr. ENZI to the concur- by Mr. ENZI to the concurrent resolution H. intended to be proposed to amendment SA rent resolution H. Con. Res. 71, supra; which Con. Res. 71, supra; which was ordered to lie 1116 proposed by Mr. ENZI to the concurrent was ordered to lie on the table. on the table. resolution H. Con. Res. 71, supra; which was SA 1507. Mr. BROWN (for himself, Mr. SA 1523. Mr. COONS submitted an amend- ordered to lie on the table. REED, Mr. MENENDEZ, Mr. WARNER, and Mr. ment intended to be proposed to amendment SA 1490. Mr. LEE submitted an amendment VAN HOLLEN) submitted an amendment in- SA 1116 proposed by Mr. ENZI to the concur- intended to be proposed to amendment SA tended to be proposed to amendment SA 1116 rent resolution H. Con. Res. 71, supra; which 1116 proposed by Mr. ENZI to the concurrent proposed by Mr. ENZI to the concurrent reso- was ordered to lie on the table. resolution H. Con. Res. 71, supra; which was lution H. Con. Res. 71, supra; which was or- SA 1524. Mr. COONS (for himself and Mr. ordered to lie on the table. dered to lie on the table. BOOKER) submitted an amendment intended SA 1491. Mr. LEE submitted an amendment SA 1508. Ms. HIRONO submitted an amend- to be proposed to amendment SA 1116 pro- intended to be proposed to amendment SA ment intended to be proposed to amendment posed by Mr. ENZI to the concurrent resolu- 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- tion H. Con. Res. 71, supra; which was or- resolution H. Con. Res. 71, supra; which was rent resolution H. Con. Res. 71, supra; which dered to lie on the table. ordered to lie on the table. was ordered to lie on the table. SA 1525. Mr. BROWN (for himself, Mr. SA 1492. Mr. LEE submitted an amendment SA 1509. Ms. HIRONO submitted an amend- WYDEN, Mr. BLUMENTHAL, Mr. BENNET, Mrs. intended to be proposed to amendment SA ment intended to be proposed to amendment MURRAY, Mr. BOOKER, Mr. WARNER, Mr. 1116 proposed by Mr. ENZI to the concurrent SA 1116 proposed by Mr. ENZI to the concur- CASEY, Ms. HEITKAMP, and Ms. WARREN) sub- resolution H. Con. Res. 71, supra; which was rent resolution H. Con. Res. 71, supra; which mitted an amendment intended to be pro- ordered to lie on the table. was ordered to lie on the table. posed to amendment SA 1116 proposed by Mr.

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ENZI to the concurrent resolution H. Con. 1116 proposed by Mr. ENZI to the concurrent SA 1558. Ms. WARREN submitted an Res. 71, supra; which was ordered to lie on resolution H. Con. Res. 71, supra; which was amendment intended to be proposed to the table. ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to SA 1526. Mr. LEE submitted an amendment SA 1543. Mr. HEINRICH (for himself and the concurrent resolution H. Con. Res. 71, intended to be proposed to amendment SA Mr. UDALL) submitted an amendment in- supra; which was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent tended to be proposed to amendment SA 1116 SA 1559. Ms. WARREN submitted an resolution H. Con. Res. 71, supra; which was proposed by Mr. ENZI to the concurrent reso- amendment intended to be proposed to ordered to lie on the table. lution H. Con. Res. 71, supra; which was or- amendment SA 1116 proposed by Mr. ENZI to SA 1527. Mr. LEE submitted an amendment dered to lie on the table. the concurrent resolution H. Con. Res. 71, intended to be proposed to amendment SA SA 1544. Mr. MERKLEY (for himself, Mr. supra; which was ordered to lie on the table. 1116 proposed by Mr. ENZI to the concurrent WYDEN, and Mrs. MURRAY) submitted an SA 1560. Ms. WARREN (for herself and Mr. resolution H. Con. Res. 71, supra; which was amendment intended to be proposed to BROWN) submitted an amendment intended ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to to be proposed to amendment SA 1116 pro- SA 1528. Mr. YOUNG submitted an amend- the concurrent resolution H. Con. Res. 71, posed by Mr. ENZI to the concurrent resolu- ment intended to be proposed to amendment supra; which was ordered to lie on the table. tion H. Con. Res. 71, supra; which was or- SA 1116 proposed by Mr. ENZI to the concur- SA 1545. Ms. WARREN (for herself, Mr. dered to lie on the table. rent resolution H. Con. Res. 71, supra; which MENENDEZ, Ms. DUCKWORTH, and Ms. HIRONO) SA 1561. Mr. ENZI proposed an amendment was ordered to lie on the table. submitted an amendment intended to be pro- to amendment SA 1116 proposed by Mr. ENZI SA 1529. Mr. DAINES submitted an amend- posed to amendment SA 1116 proposed by Mr. to the concurrent resolution H. Con. Res. 71, ment intended to be proposed to amendment ENZI to the concurrent resolution H. Con. supra. SA 1116 proposed by Mr. ENZI to the concur- Res. 71, supra; which was ordered to lie on SA 1562. Mr. MERKLEY (for himself, Ms. rent resolution H. Con. Res. 71, supra; which the table. COLLINS, Ms. BALDWIN, and Mr. BOOKER) sub- was ordered to lie on the table. SA 1546. Ms. WARREN (for herself, Mr. mitted an amendment intended to be pro- SA 1530. Mr. DAINES submitted an amend- SANDERS, Mr. MARKEY, Mr. MENENDEZ, Ms. posed to amendment SA 1116 proposed by Mr. ment intended to be proposed to amendment DUCKWORTH, and Ms. HIRONO) submitted an ENZI to the concurrent resolution H. Con. SA 1116 proposed by Mr. ENZI to the concur- amendment intended to be proposed to Res. 71, supra; which was ordered to lie on rent resolution H. Con. Res. 71, supra; which amendment SA 1116 proposed by Mr. ENZI to the table. was ordered to lie on the table. the concurrent resolution H. Con. Res. 71, SA 1563. Mr. LEE submitted an amendment SA 1531. Mr. CASEY (for himself, Ms. WAR- supra; which was ordered to lie on the table. intended to be proposed to amendment SA REN, Mrs. MURRAY, and Mr. BLUMENTHAL) SA 1547. Mr. DAINES (for himself, Mr. 1116 proposed by Mr. ENZI to the concurrent submitted an amendment intended to be pro- LANKFORD, Mr. STRANGE, Mr. BLUNT, and resolution H. Con. Res. 71, supra; which was posed to amendment SA 1116 proposed by Mr. Mrs. ERNST) submitted an amendment in- ordered to lie on the table. ENZI to the concurrent resolution H. Con. tended to be proposed to amendment SA 1116 SA 1564. Mr. REED submitted an amend- Res. 71, supra; which was ordered to lie on proposed by Mr. ENZI to the concurrent reso- ment intended to be proposed to amendment the table. lution H. Con. Res. 71, supra; which was or- SA 1116 proposed by Mr. ENZI to the concur- SA 1532. Mr. BOOKER submitted an dered to lie on the table. rent resolution H. Con. Res. 71, supra; which amendment intended to be proposed to SA 1548. Mr. DAINES submitted an amend- was ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to ment intended to be proposed to amendment SA 1565. Mr. BROWN (for himself, Mr. the concurrent resolution H. Con. Res. 71, SA 1116 proposed by Mr. ENZI to the concur- REED, and Mr. MENENDEZ) submitted an supra; which was ordered to lie on the table. rent resolution H. Con. Res. 71, supra; which amendment intended to be proposed to SA 1533. Mr. BOOKER submitted an was ordered to lie on the table. amendment SA 1116 proposed by Mr. ENZI to amendment intended to be proposed to SA 1549. Mr. DAINES submitted an amend- the concurrent resolution H. Con. Res. 71, amendment SA 1116 proposed by Mr. ENZI to ment intended to be proposed by him to the supra; which was ordered to lie on the table. the concurrent resolution H. Con. Res. 71, concurrent resolution H. Con. Res. 71, supra; SA 1566. Mr. BROWN submitted an amend- supra; which was ordered to lie on the table. ment intended to be proposed to amendment SA 1534. Mr. WYDEN submitted an amend- which was ordered to lie on the table. SA 1550. Mr. UDALL (for himself and Mr. SA 1116 proposed by Mr. ENZI to the concur- ment intended to be proposed to amendment HEINRICH) submitted an amendment intended rent resolution H. Con. Res. 71, supra; which SA 1116 proposed by Mr. ENZI to the concur- to be proposed to amendment SA 1116 pro- was ordered to lie on the table. rent resolution H. Con. Res. 71, supra; which SA 1567. Ms. KLOBUCHAR submitted an posed by Mr. ENZI to the concurrent resolu- was ordered to lie on the table. tion H. Con. Res. 71, supra; which was or- amendment intended to be proposed to SA 1535. Mr. WYDEN submitted an amend- amendment SA 1116 proposed by Mr. ENZI to ment intended to be proposed to amendment dered to lie on the table. SA 1551. Mr. ENZI submitted an amend- the concurrent resolution H. Con. Res. 71, SA 1116 proposed by Mr. ENZI to the concur- ment intended to be proposed to amendment supra; which was ordered to lie on the table. rent resolution H. Con. Res. 71, supra; which SA 1568. Mr. McCONNELL proposed an SA 1116 proposed by Mr. ENZI to the concur- was ordered to lie on the table. amendment to the bill H.R. 2266, to amend rent resolution H. Con. Res. 71, supra; which SA 1536. Mr. KING submitted an amend- title 28 of the United States Code to author- was ordered to lie on the table. ment intended to be proposed to amendment ize the appointment of additional bank- SA 1552. Mr. ENZI (for Mrs. FISCHER (for SA 1116 proposed by Mr. ENZI to the concur- ruptcy judges; and for other purposes. herself and Ms. COLLINS)) proposed an rent resolution H. Con. Res. 71, supra; which SA 1569. Mr. McCONNELL proposed an amendment to amendment SA 1116 proposed was ordered to lie on the table. amendment to amendment SA 1568 proposed by Mr. ENZI to the concurrent resolution H. SA 1537. Mr. UDALL submitted an amend- by Mr. MCCONNELL to the bill H.R. 2266, Con. Res. 71, supra. ment intended to be proposed to amendment supra. SA 1553. Mr. ENZI (for Mr. UDALL (for him- SA 1116 proposed by Mr. ENZI to the concur- SA 1570. Mr. McCONNELL proposed an self, Mr. HEINRICH, and Mr. BENNET)) pro- rent resolution H. Con. Res. 71, supra; which amendment to the bill H.R. 2266, supra. was ordered to lie on the table. posed an amendment to amendment SA 1116 SA 1571. Mr. McCONNELL proposed an SA 1538. Ms. HIRONO submitted an amend- proposed by Mr. ENZI to the concurrent reso- amendment to amendment SA 1570 proposed lution H. Con. Res. 71, supra. ment intended to be proposed to amendment by Mr. MCCONNELL to the bill H.R. 2266, SA 1116 proposed by Mr. ENZI to the concur- SA 1554. Mr. REED submitted an amend- supra. rent resolution H. Con. Res. 71, supra; which ment intended to be proposed to amendment SA 1572. Mr. McCONNELL proposed an was ordered to lie on the table. SA 1116 proposed by Mr. ENZI to the concur- amendment to amendment SA 1571 proposed SA 1539. Ms. HIRONO submitted an amend- rent resolution H. Con. Res. 71, supra; which by Mr. MCCONNELL to the amendment SA ment intended to be proposed to amendment was ordered to lie on the table. 1570 proposed by Mr. MCCONNELL to the bill SA 1116 proposed by Mr. ENZI to the concur- SA 1555. Mr. FRANKEN (for himself and H.R. 2266, supra. rent resolution H. Con. Res. 71, supra; which Ms. BALDWIN) submitted an amendment in- f was ordered to lie on the table. tended to be proposed to amendment SA 1116 SA 1540. Ms. HIRONO submitted an amend- proposed by Mr. ENZI to the concurrent reso- TEXT OF AMENDMENTS ment intended to be proposed to amendment lution H. Con. Res. 71, supra; which was or- SA 1399. Mr. HELLER submitted an SA 1116 proposed by Mr. ENZI to the concur- dered to lie on the table. rent resolution H. Con. Res. 71, supra; which SA 1556. Mr. FRANKEN (for himself and amendment intended to be proposed to was ordered to lie on the table. Mr. CASEY) submitted an amendment in- amendment SA 1116 proposed by Mr. SA 1541. Mr. SCHATZ (for himself, Ms. tended to be proposed to amendment SA 1116 ENZI to the concurrent resolution H. CORTEZ MASTO, Mr. UDALL, and Mr. COONS) proposed by Mr. ENZI to the concurrent reso- Con. Res. 71, establishing the congres- submitted an amendment intended to be pro- lution H. Con. Res. 71, supra; which was or- sional budget for the United States posed to amendment SA 1116 proposed by Mr. dered to lie on the table. Government for fiscal year 2018 and SA 1557. Mr. FRANKEN submitted an ENZI to the concurrent resolution H. Con. setting forth the appropriate budgetary Res. 71, supra; which was ordered to lie on amendment intended to be proposed to the table. amendment SA 1116 proposed by Mr. ENZI to levels for fiscal years 2019 through 2027; SA 1542. Mr. LEE submitted an amendment the concurrent resolution H. Con. Res. 71, which was ordered to lie on the table; intended to be proposed to amendment SA supra; which was ordered to lie on the table. as follows:

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.104 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6661 At the end of title III, add the following: tient Protection and Affordable Care Act (42 tion would not increase the deficit over ei- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND U.S.C. 18051) as a public option to lower ther the period of the total of fiscal years RELATING TO TAX SIMPLIFICATION. health care costs for Americans in the indi- 2018 through 2022 or the period of the total of The Chairman of the Committee on the vidual health insurance market, by the fiscal years 2018 through 2027. Budget of the Senate may revise the alloca- amounts provided in such legislation for tions of a committee or committees, aggre- those purposes, provided that such legisla- SA 1404. Mr. PAUL proposed an gates, and other appropriate levels in this tion would not increase the deficit over ei- amendment to amendment SA 1116 pro- resolution, and make adjustments to the ther the period of the total of fiscal years posed by Mr. ENZI to the concurrent pay-as-you-go ledger, for one or more bills, 2018 through 2022 or the period of the total of resolution H. Con. Res. 71, establishing joint resolutions, amendments, amendments fiscal years 2018 through 2027. the congressional budget for the United between the Houses, motions, or conference reports relating to reforming Federal tax SA 1402. Mr. BENNET submitted an States Government for fiscal year 2018 laws, which may include simplifying our ex- amendment intended to be proposed to and setting forth the appropriate budg- isting tax laws and providing other job-cre- amendment SA 1116 proposed by Mr. etary levels for fiscal years 2019 ating relief, by the amounts provided in such ENZI to the concurrent resolution H. through 2027; as follows: legislation for those purposes, provided that Con. Res. 71, establishing the congres- On page 47, line 6, strike ‘‘$1,500,000,000,000’’ such legislation would not increase the def- sional budget for the United States and insert ‘‘$2,500,000,000,000’’. icit over either the period of the total of fis- Government for fiscal year 2018 and cal years 2018 through 2022 or the period of SA 1405. Mrs. MURRAY submitted an the total of fiscal years 2018 through 2027. setting forth the appropriate budgetary amendment intended to be proposed to levels for fiscal years 2019 through 2027; amendment SA 1116 proposed by Mr. SA 1400. Mr. UDALL (for himself, Mr. which was ordered to lie on the table; ENZI to the concurrent resolution H. HEINRICH, Ms. BALDWIN, and Ms. as follows: Con. Res. 71, establishing the congres- HEITKAMP) submitted an amendment At the end of title III, add the following: sional budget for the United States intended to be proposed to amendment SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Government for fiscal year 2018 and SA 1116 proposed by Mr. ENZI to the RELATING TO ADDRESSING CLI- setting forth the appropriate budgetary concurrent resolution H. Con. Res. 71, MATE CHANGE. The Chairman of the Committee on the levels for fiscal years 2019 through 2027; establishing the congressional budget Budget of the Senate may revise the alloca- which was ordered to lie on the table; for the United States Government for tions of a committee or committees, aggre- as follows: fiscal year 2018 and setting forth the gates, and other appropriate levels in this On page 4, line 25, increase the amount by appropriate budgetary levels for fiscal resolution, and make adjustments to the $14,873,000,000. years 2019 through 2027; which was or- pay-as-you-go ledger, for one or more bills, On page 5, line 1, increase the amount by dered to lie on the table; as follows: joint resolutions, amendments, amendments $17,413,000,000. At the end of title III, add the following: between the Houses, motions, or conference On page 5, line 2, increase the amount by reports relating to strengthening national SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $19,224,000,000. RELATING TO THE DEPLOYMENT OF security and promoting economic growth On page 5, line 3, increase the amount by UNIVERSAL BROADBAND TO EVERY and public health by addressing human-in- $21,137,000,000. HOME, COMMUNITY ANCHOR INSTI- duced climate change through increased use On page 5, line 4, increase the amount by TUTION, AND SMALL BUSINESS. of clean energy and energy efficiency tech- $24,058,000,000. The Chairman of the Committee on the nologies to stabilize and reduce United On page 5, line 5, increase the amount by Budget of the Senate may revise the alloca- States greenhouse gas emissions while pro- $25,233,000,000. tions of a committee or committees, aggre- viding adequate resources to support exist- On page 5, line 6, increase the amount by gates, and other appropriate levels in this ing coal communities by the amounts pro- $26,481,000,000. resolution, and make adjustments to the vided in such legislation for those purposes, On page 5, line 7, increase the amount by pay-as-you-go ledger, for one or more bills, provided that such legislation would not in- $27,809,000,000. joint resolutions, amendments, amendments crease the deficit over either the period of On page 5, line 8, increase the amount by between the Houses, motions, or conference the total of fiscal years 2018 through 2022 or $29,152,000,000. reports relating to the deployment of uni- the period of the total of fiscal years 2018 On page 5, line 9, increase the amount by versal broadband to every home, community through 2027. $30,588,000,000. anchor institution, and small business by the On page 5, line 13, increase the amount by amounts provided in such legislation for SA 1403. Mr. BENNET submitted an $5,196,000,000. those purposes, provided that such legisla- amendment intended to be proposed to On page 5, line 14, increase the amount by tion would not increase the deficit over ei- amendment SA 1116 proposed by Mr. $9,920,000,000. On page 5, line 15, increase the amount by ther the period of the total of fiscal years ENZI to the concurrent resolution H. $13,596,000,000. 2018 through 2022 or the period of the total of Con. Res. 71, establishing the congres- fiscal years 2018 through 2027. On page 5, line 16, increase the amount by sional budget for the United States $16,586,000,000. SA 1401. Ms. CANTWELL submitted Government for fiscal year 2018 and On page 5, line 17, increase the amount by an amendment intended to be proposed setting forth the appropriate budgetary $19,403,000,000. On page 5, line 18, increase the amount by to amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; which was ordered to lie on the table; $21,654,000,000. ENZI to the concurrent resolution H. On page 5, line 19, increase the amount by Con. Res. 71, establishing the congres- as follows: $23,494,000,000. sional budget for the United States At the end of title III, add the following: On page 5, line 20, increase the amount by Government for fiscal year 2018 and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $25,084,000,000. setting forth the appropriate budgetary RELATING TO STRATEGIC PETRO- On page 5, line 21, increase the amount by LEUM RESERVE DRAWDOWN AND $26,581,000,000. levels for fiscal years 2019 through 2027; SALE. On page 5, line 22, increase the amount by which was ordered to lie on the table; The Chairman of the Committee on the $28,071,000,000. as follows: Budget of the Senate may revise the alloca- On page 6, line 1, increase the amount by At the end of title III, add the following: tions of a committee or committees, aggre- $5,196,000,000. gates, and other appropriate levels in this SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND On page 6, line 2, increase the amount by RELATING TO EXPANDING THE resolution, and make adjustments to the $9,920,000,000. BASIC HEALTH PROGRAM AS A PUB- pay-as-you-go ledger, for one or more bills, On page 6, line 3, increase the amount by LIC OPTION THAT COVERS MORE joint resolutions, amendments, amendments $13,596,000,000. AMERICANS AT LOWER COST. between the Houses, motions, or conference On page 6, line 4, increase the amount by The Chairman of the Committee on the reports relating to compliance with the rec- $16,586,000,000. Budget of the Senate may revise the alloca- onciliation instructions for the Committee On page 6, line 5, increase the amount by tions of a committee or committees, aggre- on Energy and Natural Resources of the Sen- $19,403,000,000. gates, and other appropriate levels in this ate under section 2001, which may include On page 6, line 6, increase the amount by resolution, and make adjustments to the the drawdown and sale of crude oil from the $21,654,000,000. pay-as-you-go ledger, for one or more bills, Strategic Petroleum Reserve established On page 6, line 7, increase the amount by joint resolutions, amendments, amendments under part B of title I of the Energy Policy $23,494,000,000. between the Houses, motions, or conference and Conservation Act (42 U.S.C. 6231 et seq.) On page 6, line 8, increase the amount by reports relating to the basic health program, during fiscal years 2018 through 2027, by the $25,084,000,000. which may include expanding the basic amounts provided in such legislation for On page 6, line 9, increase the amount by health program under section 1331 of the Pa- those purposes, provided that such legisla- $26,581,000,000.

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.047 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6662 CONGRESSIONAL RECORD — SENATE October 19, 2017 On page 6, line 10, increase the amount by On page 36, line 7, increase the amount by tions of a committee or committees, aggre- $28,071,000,000. $207,000,000. gates, and other appropriate levels in this On page 6, line 15, increase the amount by On page 36, line 10, increase the amount by resolution, and make adjustments to the $5,196,000,000. $554,000,000. pay-as-you-go ledger, for one or more bills, On page 6, line 16, increase the amount by On page 36, line 11, increase the amount by joint resolutions, amendments, amendments $15,116,000,000. $554,000,000. between the Houses, motions, or conference On page 6, line 17, increase the amount by On page 36, line 14, increase the amount by reports relating to expanding the tax credit $28,712,000,000. $1,031,000,000. for increasing research activities, by the On page 6, line 18, increase the amount by On page 36, line 15, increase the amount by amounts provided in such legislation for $45,298,000,000. $1,031,000,000. those purposes, provided that such legisla- On page 6, line 19, increase the amount by On page 36, line 18, increase the amount by tion would not increase the deficit over ei- $64,701,000,000. $1,609,000,000. ther the period of the total of fiscal years On page 6, line 20, increase the amount by On page 36, line 19, increase the amount by 2018 through 2022 or the period of the total of $86,355,000,000. $1,609,000,000. fiscal years 2018 through 2027. On page 6, line 21, increase the amount by On page 36, line 22, increase the amount by $109,849,000,000. $2,280,000,000. SA 1408. Mr. WARNER (for himself On page 36, line 23, increase the amount by On page 6, line 22, increase the amount by and Mr. YOUNG) submitted an amend- $134,933,000,000. $2,280,000,000. On page 37, line 2, increase the amount by ment intended to be proposed to On page 6, line 23, increase the amount by $3,028,000,000. amendment SA 1116 proposed by Mr. $161,514,000,000. On page 37, line 3, increase the amount by ENZI to the concurrent resolution H. On page 6, line 24, increase the amount by $3,028,000,000. Con. Res. 71, establishing the congres- $189,585,000,000. On page 37, line 6, increase the amount by sional budget for the United States On page 7, line 3, increase the amount by $3,827,000,000. $5,196,000,000. Government for fiscal year 2018 and On page 37, line 7, increase the amount by setting forth the appropriate budgetary On page 7, line 4, increase the amount by $3,827,000,000. $15,116,000,000. On page 37, line 10, increase the amount by levels for fiscal years 2019 through 2027; On page 7, line 5, increase the amount by $4,672,000,000. which was ordered to lie on the table; $28,712,000,000. On page 37, line 11, increase the amount by as follows: On page 7, line 6, increase the amount by $4,672,000,000. At the end of title III, add the following: $45,298,000,000. On page 37, line 14, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND On page 7, line 7, increase the amount by $5,564,000,000. RELATING TO DIRECTING THE BU- $64,701,000,000. On page 37, line 15, increase the amount by REAU OF LABOR STATISTICS TO On page 7, line 8, increase the amount by $5,564,000,000. CONDUCT THE WORK SCHEDULES $86,355,000,000. AND WORK AT HOME SUPPLEMENT On page 7, line 9, increase the amount by Mr. COONS submitted an TO THE CURRENT POPULATION SUR- SA 1406. VEY. $109,849,000,000. amendment intended to be proposed to On page 7, line 10, increase the amount by The Chairman of the Committee on the $134,933,000,000. amendment SA 1116 proposed by Mr. Budget of the Senate may revise the alloca- On page 7, line 11, increase the amount by ENZI to the concurrent resolution H. tions of a committee or committees, aggre- $161,514,000,000. Con. Res. 71, establishing the congres- gates, and other appropriate levels in this On page 7, line 12, increase the amount by sional budget for the United States resolution, and make adjustments to the $189,585,000,000. Government for fiscal year 2018 and pay-as-you-go ledger, for one or more bills, On page 9, line 12, increase the amount by setting forth the appropriate budgetary joint resolutions, amendments, amendments $14,843,000,000. between the Houses, motions, or conference levels for fiscal years 2019 through 2027; reports relating to enabling the Bureau of On page 9, line 13, increase the amount by which was ordered to lie on the table; $5,165,000,000. Labor Statistics to conduct the Work Sched- On page 9, line 16, increase the amount by as follows: ules and Work at Home Supplement to the $17,206,000,000. At the end of title III, add the following: Current Population Survey, which may in- On page 9, line 17, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND clude funding measures or other measures $9,713,000,000. RELATING TO PROVIDING GREATER addressing that Supplement, by the amounts On page 9, line 20, increase the amount by INCENTIVES FOR DOMESTIC MANU- provided in such legislation for those pur- $18,670,000,000. FACTURING. poses, provided that such legislation would On page 9, line 21, increase the amount by The Chairman of the Committee on the not increase the deficit over either the pe- $13,042,000,000. Budget of the Senate may revise the alloca- riod of the total of fiscal years 2018 through On page 9, line 24, increase the amount by tions of a committee or committees, aggre- 2022 or the period of the total of fiscal years $20,106,000,000. gates, and other appropriate levels in this 2018 through 2027. On page 9, line 25, increase the amount by resolution, and make adjustments to the $15,555,000,000. pay-as-you-go ledger, for one or more bills, SA 1409. Mr. BLUMENTHAL (for On page 10, line 3, increase the amount by joint resolutions, amendments, amendments himself and Mr. COONS) submitted an $22,449,000,000. between the Houses, motions, or conference amendment intended to be proposed to On page 10, line 4, increase the amount by reports relating to providing greater incen- amendment SA 1116 proposed by Mr. $17,795,000,000. tives for manufacturers who develop and ENZI to the concurrent resolution H. On page 10, line 7, increase the amount by manufacture their products in the United Con. Res. 71, establishing the congres- $22,953,000,000. States, by the amounts provided in such leg- islation for those purposes, provided that sional budget for the United States On page 10, line 8, increase the amount by Government for fiscal year 2018 and $19,373,000,000. such legislation would not increase the def- On page 10, line 11, increase the amount by icit over either the period of the total of fis- setting forth the appropriate budgetary $23,453,000,000. cal years 2018 through 2022 or the period of levels for fiscal years 2019 through 2027; On page 10, line 12, increase the amount by the total of fiscal years 2018 through 2027. which was ordered to lie on the table; $20,465,000,000. as follows: Mr. COONS submitted an On page 10, line 15, increase the amount by SA 1407. At the end of title III, add the following: amendment intended to be proposed to $23,982,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND On page 10, line 16, increase the amount by amendment SA 1116 proposed by Mr. TO REBUILD THE CRITICAL INFRA- $21,258,000,000. ENZI to the concurrent resolution H. STRUCTURE OF PUERTO RICO. On page 10, line 19, increase the amount by Con. Res. 71, establishing the congres- The Chairman of the Committee on the $24,480,000,000. sional budget for the United States Budget of the Senate may revise the alloca- On page 10, line 20, increase the amount by Government for fiscal year 2018 and tions of a committee or committees, aggre- $21,909,000,000. gates, and other appropriate levels in this On page 10, line 23, increase the amount by setting forth the appropriate budgetary resolution, and make adjustments to the $25,024,000,000. levels for fiscal years 2019 through 2027; pay-as-you-go ledger, for one or more bills, On page 10, line 24, increase the amount by which was ordered to lie on the table; joint resolutions, amendments, amendments $22,507,000,000. as follows: between the Houses, motions, or conference On page 36, line 2, increase the amount by At the end of title III, add the following: reports relating to rebuilding the critical in- $30,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND frastructure of Puerto Rico by the amounts On page 36, line 3, increase the amount by RELATING TO EXPANDING THE RE- provided in such legislation for those pur- $30,000,000. SEARCH TAX CREDIT. poses, provided that such legislation would On page 36, line 6, increase the amount by The Chairman of the Committee on the not increase the deficit over either the pe- $207,000,000. Budget of the Senate may revise the alloca- riod of the total of fiscal years 2018 through

VerDate Sep 11 2014 06:12 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.056 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6663 2022 or the period of the total of fiscal years At the end of title III, add the following: ther the period of the total of fiscal years 2018 through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 2018 through 2022 or the period of the total of RELATING TO REBUILDING AND RE- fiscal years 2018 through 2027. SA 1410. Mr. BLUMENTHAL (for PLACING THE ELECTRIC GRID IN himself and Mr. COONS) submitted an PUERTO RICO. SA 1415. Mr. SULLIVAN submitted amendment intended to be proposed to The Chairman of the Committee on the an amendment intended to be proposed Budget of the Senate may revise the alloca- to amendment SA 1116 proposed by Mr. amendment SA 1116 proposed by Mr. tions of a committee or committees, aggre- ENZI to the concurrent resolution H. ENZI to the concurrent resolution H. gates, and other appropriate levels in this Con. Res. 71, establishing the congres- Con. Res. 71, establishing the congres- resolution, and make adjustments to the sional budget for the United States pay-as-you-go ledger, for one or more bills, sional budget for the United States Government for fiscal year 2018 and joint resolutions, amendments, amendments Government for fiscal year 2018 and setting forth the appropriate budgetary setting forth the appropriate budgetary between the Houses, motions, or conference levels for fiscal years 2019 through 2027; levels for fiscal years 2019 through 2027; reports relating to rebuilding and replacing which was ordered to lie on the table; which was ordered to lie on the table; the electric grid in Puerto Rico by the amounts provided in such legislation for as follows: as follows: those purposes, provided that such legisla- At the end of title III, add the following: At the end of title III, add the following: tion would not increase the deficit over ei- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ther the period of the total of fiscal years RELATING TO BOLSTERING UNITED RELATING TO ENSURING CLEAN 2018 through 2022 or the period of the total of STATES MISSILE DEFENSE. DRINKING WATER FOR PUERTO fiscal years 2018 through 2027. The Chairman of the Committee on the RICO. Budget of the Senate may revise the alloca- The Chairman of the Committee on the SA 1413. Mr. BLUMENTHAL (for tions of a committee or committees, aggre- Budget of the Senate may revise the alloca- himself and Mr. COONS) submitted an gates, and other appropriate levels in this tions of a committee or committees, aggre- amendment intended to be proposed to resolution, and make adjustments to the gates, and other appropriate levels in this amendment SA 1116 proposed by Mr. pay-as-you-go ledger, for one or more bills, resolution, and make adjustments to the joint resolutions, amendments, amendments ENZI to the concurrent resolution H. pay-as-you-go ledger, for one or more bills, between the Houses, motions, or conference joint resolutions, amendments, amendments Con. Res. 71, establishing the congres- reports relating to activities undertaken between the Houses, motions, or conference sional budget for the United States to— reports relating to ensuring clean drinking Government for fiscal year 2018 and (1) maintain and improve, with the allies of water for Puerto Rico by the amounts pro- setting forth the appropriate budgetary the United States, an effective, robust lay- vided in such legislation for those purposes, levels for fiscal years 2019 through 2027; ered missile defense system capable of de- provided that such legislation would not in- which was ordered to lie on the table; fending the citizens of the United States re- crease the deficit over either the period of as follows: siding in territories and States of the United the total of fiscal years 2018 through 2022 or States, allies of the United States, and de- the period of the total of fiscal years 2018 At the end of title III, add the following: ployed Armed Forces of the United States; through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (2) increase the capability, capacity, and RELATING TO REBUILDING AND RE- reliability of the United States homeland Mr. BLUMENTHAL (for STORING ROADS AND BRIDGES IN SA 1411. PUERTO RICO. and theater ballistic missile defense systems himself and Mr. COONS) submitted an The Chairman of the Committee on the to defend against the evolving and increas- amendment intended to be proposed to Budget of the Senate may revise the alloca- ingly complex ballistic missile threats of ad- amendment SA 1116 proposed by Mr. tions of a committee or committees, aggre- versaries of the United States; ENZI to the concurrent resolution H. gates, and other appropriate levels in this (3) develop a resilient space-based missile Con. Res. 71, establishing the congres- resolution, and make adjustments to the defense sensor layer to provide persistent, launch-to-intercept tracking, discrimina- sional budget for the United States pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments tion, and kill assessment of ballistic missile Government for fiscal year 2018 and threats and provide this capability to the setting forth the appropriate budgetary between the Houses, motions, or conference reports relating to rebuilding and restoring Armed Forces as soon as technically feasible; levels for fiscal years 2019 through 2027; roads and bridges in Puerto Rico by the and which was ordered to lie on the table; amounts provided in such legislation for (4) increase funding to homeland missile as follows: those purposes, provided that such legisla- defense testing to ensure that United States At the end of title III, add the following: tion would not increase the deficit over ei- defenses continue to evolve faster than the threats against which they are postured to SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ther the period of the total of fiscal years 2018 through 2022 or the period of the total of defend RELATING TO REBUILDING AND RE- by the amounts provided in such legislation STORING HOSPITALS IN PUERTO fiscal years 2018 through 2027. RICO. for those purposes, provided that such legis- The Chairman of the Committee on the SA 1414. Mr. BLUMENTHAL (for lation would not increase the deficit over ei- ther the period of the total of fiscal years Budget of the Senate may revise the alloca- himself and Mr. COONS) submitted an tions of a committee or committees, aggre- 2018 through 2022 or the period of the total of amendment intended to be proposed to fiscal years 2018 through 2027. gates, and other appropriate levels in this amendment SA 1116 proposed by Mr. resolution, and make adjustments to the ENZI to the concurrent resolution H. SA 1416. Mr. SULLIVAN submitted pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments Con. Res. 71, establishing the congres- an amendment intended to be proposed between the Houses, motions, or conference sional budget for the United States to amendment SA 1116 proposed by Mr. reports relating to rebuilding and restoring Government for fiscal year 2018 and ENZI to the concurrent resolution H. hospitals in Puerto Rico by the amounts pro- setting forth the appropriate budgetary Con. Res. 71, establishing the congres- vided in such legislation for those purposes, levels for fiscal years 2019 through 2027; sional budget for the United States provided that such legislation would not in- which was ordered to lie on the table; Government for fiscal year 2018 and crease the deficit over either the period of as follows: setting forth the appropriate budgetary the total of fiscal years 2018 through 2022 or At the end of title III, add the following: levels for fiscal years 2019 through 2027; the period of the total of fiscal years 2018 which was ordered to lie on the table; through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND TO REBUILD AND RESTORE TELE- as follows: COMMUNICATIONS IN PUERTO RICO. At the end of title III, add the following: SA 1412. Mr. BLUMENTHAL (for The Chairman of the Committee on the himself and Mr. COONS) submitted an SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Budget of the Senate may revise the alloca- RELATING TO BOLSTERING UNITED amendment intended to be proposed to tions of a committee or committees, aggre- STATES MISSILE DEFENSE. amendment SA 1116 proposed by Mr. gates, and other appropriate levels in this The Chairman of the Committee on the ENZI to the concurrent resolution H. resolution, and make adjustments to the Budget of the Senate may revise the alloca- Con. Res. 71, establishing the congres- pay-as-you-go ledger, for one or more bills, tions of a committee or committees, aggre- sional budget for the United States joint resolutions, amendments, amendments gates, and other appropriate levels in this Government for fiscal year 2018 and between the Houses, motions, or conference resolution, and make adjustments to the reports relating to rebuilding and restoring pay-as-you-go ledger, for one or more bills, setting forth the appropriate budgetary telecommunications in Puerto Rico by the joint resolutions, amendments, amendments levels for fiscal years 2019 through 2027; amounts provided in such legislation for between the Houses, motions, or conference which was ordered to lie on the table; those purposes, provided that such legisla- reports relating to maintaining and improv- as follows: tion would not increase the deficit over ei- ing, with the allies of the United States, an

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.058 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6664 CONGRESSIONAL RECORD — SENATE October 19, 2017 effective, robust layered missile defense sys- such legislation for those purposes, provided ment intended to be proposed to tem, and to increasing the capability, capac- that such legislation would not increase the amendment SA 1116 proposed by Mr. ity, and reliability of the United States deficit over either the period of the total of ENZI to the concurrent resolution H. homeland and theater ballistic missile de- fiscal years 2018 through 2022 or the period of Con. Res. 71, establishing the congres- fense systems by the amounts provided in the total of fiscal years 2018 through 2027. such legislation for those purposes, provided sional budget for the United States that such legislation would not increase the SA 1419. Ms. COLLINS (for herself Government for fiscal year 2018 and deficit over either the period of the total of and Mr. NELSON) submitted an amend- setting forth the appropriate budgetary fiscal years 2018 through 2022 or the period of ment intended to be proposed to levels for fiscal years 2019 through 2027; the total of fiscal years 2018 through 2027. amendment SA 1116 proposed by Mr. which was ordered to lie on the table; ENZI to the concurrent resolution H. as follows: SA 1417. Mr. FRANKEN submitted an Con. Res. 71, establishing the congres- On page 3, line 12, increase the amount by amendment intended to be proposed to sional budget for the United States $470,000,000. amendment SA 1116 proposed by Mr. Government for fiscal year 2018 and On page 3, line 13, increase the amount by ENZI to the concurrent resolution H. setting forth the appropriate budgetary $1,190,000,000. Con. Res. 71, establishing the congres- levels for fiscal years 2019 through 2027; On page 4, line 1, increase the amount by sional budget for the United States $1,700,000,000. which was ordered to lie on the table; Government for fiscal year 2018 and On page 4, line 2, increase the amount by as follows: setting forth the appropriate budgetary $2,020,000,000. levels for fiscal years 2019 through 2027; At the end of title III, add the following: On page 4, line 3, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $2,320,000,000. which was ordered to lie on the table; RELATING TO IMPROVING RETIRE- On page 4, line 4, increase the amount by as follows: MENT SECURITY. $2,690,000,000. At the end of title III, add the following: The Chairman of the Committee on the On page 4, line 5, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Budget of the Senate may revise the alloca- $3,015,000,000. RELATING TO REBUILDING RESIL- tions of a committee or committees, aggre- On page 4, line 6, increase the amount by IENT INFRASTRUCTURE IN PUERTO gates, and other appropriate levels in this $3,200,000,000. RICO AND THE UNITED STATES VIR- resolution, and make adjustments to the On page 4, line 7, increase the amount by GIN ISLANDS. pay-as-you-go ledger, for one or more bills, $3,325,000,000. The Chairman of the Committee on the joint resolutions, amendments, amendments On page 4, line 8, increase the amount by Budget of the Senate may revise the alloca- between the Houses, motions, or conference $3,450,000,000. tions of a committee or committees, aggre- reports relating to improving retirement se- On page 4, line 12, increase the amount by gates, and other appropriate levels in this curity, by making it easier for small busi- $470,000,000. resolution, and make adjustments to the nesses to provide retirement plans for their On page 4, line 13, increase the amount by pay-as-you-go ledger, for one or more bills, employees, by easing the administrative bur- $1,190,000,000. joint resolutions, amendments, amendments den, and by encouraging individuals to in- On page 4, line 14, increase the amount by between the Houses, motions, or conference crease their savings, by the amounts pro- $1,700,000,000. reports relating to rebuilding infrastructure vided in such legislation for those purposes, On page 4, line 15, increase the amount by in Puerto Rico and the United States Virgin provided that such legislation would not in- $2,020,000,000. Islands destroyed or damaged by Hurricanes crease the deficit over the period of the total On page 4, line 16, increase the amount by Irma and Maria in a resilient and sustainable of fiscal years 2018 through 2027. $2,320,000,000. way that reduces the threat from future dis- On page 4, line 17, increase the amount by asters, including rebuilding the electric grid SA 1420. Mrs. McCASKILL (for her- $2,690,000,000. and investing in distributed clean energy self and Mr. WYDEN) submitted an On page 4, line 18, increase the amount by technologies such as solar, wind, energy effi- amendment intended to be proposed to $3,015,000,000. ciency, and battery storage as targeted in amendment SA 1116 proposed by Mr. On page 4, line 19, increase the amount by local clean energy legislation, by the $3,200,000,000. amounts provided in such legislation for ENZI to the concurrent resolution H. Con. Res. 71, establishing the congres- On page 4, line 20, increase the amount by those purposes, provided that such legisla- $3,325,000,000. tion would not increase the deficit over ei- sional budget for the United States On page 4, line 21, increase the amount by ther the period of the total of fiscal years Government for fiscal year 2018 and $3,450,000,000. 2018 through 2022 or the period of the total of setting forth the appropriate budgetary On page 4, line 25, increase the amount by fiscal years 2018 through 2027. levels for fiscal years 2019 through 2027; $470,000,000. which was ordered to lie on the table; On page 5, line 1, increase the amount by SA 1418. Mr. FRANKEN (for himself as follows: $1,190,000,000. and Mr. UDALL) submitted an amend- On page 5, line 2, increase the amount by At the end of title IV, add the following: ment intended to be proposed to $1,700,000,000. ll SEC. 4 . POINT OF ORDER AGAINST PRO- On page 5, line 3, increase the amount by amendment SA 1116 proposed by Mr. VIDING A TAX CUT TO THE TOP 1 ENZI to the concurrent resolution H. PERCENT OR CREATING A LOOP- $2,020,000,000. Con. Res. 71, establishing the congres- HOLE FOR WEALTHY TAX DODGERS On page 5, line 4, increase the amount by sional budget for the United States THROUGH LOWERING THE PASS- $2,320,000,000. THROUGH TAX RATE. Government for fiscal year 2018 and On page 5, line 5, increase the amount by (a) POINT OF ORDER.—It shall not be in $2,690,000,000. setting forth the appropriate budgetary order in the Senate to consider any bill, On page 5, line 6, increase the amount by levels for fiscal years 2019 through 2027; joint resolution, motion, amendment, $3,015,000,000. which was ordered to lie on the table; amendment between the Houses, or con- On page 5, line 7, increase the amount by as follows: ference report relating to a reconciliation $3,200,000,000. At the end of title III, add the following: bill that would— On page 5, line 8, increase the amount by (1) provide a tax cut on business income to SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $3,325,000,000. RELATING TO NATIONAL RENEW- individuals in the top 1 percent of income, or On page 5, line 9, increase the amount by ABLE ENERGY AND ENERGY EFFI- (2) increase the incentive for workers to re- $3,450,000,000. CIENCY TARGETS. ceive compensation from their current em- On page 5, line 13, increase the amount by The Chairman of the Committee on the ployer through a pass-through business rath- $470,000,000. Budget of the Senate may revise the alloca- er than in the form of higher-taxed wages. On page 5, line 14, increase the amount by tions of a committee or committees, aggre- (b) WAIVER AND APPEAL.—Subsection (a) $1,190,000,000. gates, and other appropriate levels in this may be waived or suspended in the Senate On page 5, line 15, increase the amount by resolution, and make adjustments to the only by an affirmative vote of three-fifths of $1,700,000,000. pay-as-you-go ledger, for one or more bills, the Members, duly chosen and sworn. An af- On page 5, line 16, increase the amount by joint resolutions, amendments, amendments firmative vote of three-fifths of the Members $2,020,000,000. between the Houses, motions, or conference of the Senate, duly chosen and sworn, shall On page 5, line 17, increase the amount by reports relating to requiring all electric load be required to sustain an appeal of the ruling $2,320,000,000. serving entities to procure 30 percent of the of the Chair on a point of order raised under On page 5, line 18, increase the amount by electric supply of the entities from new re- subsection (a). $2,690,000,000. newable energy resources by 2030, and elec- On page 5, line 19, increase the amount by tric and natural gas distribution companies SA 1421. Mr. BROWN (for himself, $3,015,000,000. to invest in all cost-effective energy effi- Ms. WARREN, Ms. BALDWIN, Mr. REED, On page 5, line 20, increase the amount by ciency measures, by the amounts provided in and Mr. DURBIN) submitted an amend- $3,200,000,000.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.057 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6665 On page 5, line 21, increase the amount by SEC. 3 lll. DEFICIT-NEUTRAL RESERVE FUND the clawing back of tax incentives received $3,325,000,000. RELATING TO THE PROVISION OF IN- by, and the prohibition of tax breaks for, On page 5, line 22, increase the amount by CENTIVES FOR BUSINESSES TO IN- companies that outsource jobs and factories $3,450,000,000. VEST IN AMERICA AND CREATE instead of investing in the United States JOBS IN AMERICA. On page 22, line 20, increase the amount by economy, and to providing tax incentives for The Chairman of the Committee on the $470,000,000. companies to relocate foreign jobs to the Budget of the Senate may revise the alloca- On page 22, line 21, increase the amount by United States, by the amounts provided in tions of a committee or committees, aggre- $470,000,000. such legislation for those purposes, provided On page 22, line 24, increase the amount by gates, and other appropriate levels in this that such legislation would not increase the $1,190,000,000. resolution, and make adjustments to the deficit over either the period of the total of On page 22, line 25, increase the amount by pay-as-you-go ledger, for one or more bills, fiscal years 2018 through 2022 or the period of $1,190,000,000. joint resolutions, amendments, amendments the total of fiscal years 2018 through 2027. On page 23, line 3, increase the amount by between the Houses, motions, or conference $1,700,000,000. reports relating to changes in federal tax SA 1425. Mr. NELSON submitted an On page 23, line 4, increase the amount by laws, which may include international tax amendment intended to be proposed to $1,700,000,000. provisions that provide or enhance incen- amendment SA 1116 proposed by Mr. tives for businesses to invest in America, On page 23, line 7, increase the amount by ENZI to the concurrent resolution H. generate American jobs, retain American $2,020,000,000. Con. Res. 71, establishing the congres- On page 23, line 8, increase the amount by jobs, and return jobs to America, by the amounts provided in such legislation for sional budget for the United States $2,020,000,000. Government for fiscal year 2018 and On page 23, line 11, increase the amount by those purposes, provided that such legisla- $2,320,000,000. tion would not increase the deficit over ei- setting forth the appropriate budgetary On page 23, line 12, increase the amount by ther the period of the total of fiscal years levels for fiscal years 2019 through 2027; $2,320,000,000. 2018 through 2022 or the period of the total of which was ordered to lie on the table; On page 23, line 15, increase the amount by fiscal years 2018 through 2027. as follows: $2,690,000,000. At the appropriate place, insert the fol- On page 23, line 16, increase the amount by SA 1423. Mr. DONNELLY submitted lowing: $2,690,000,000. an amendment intended to be proposed SEC. lll. POINT OF ORDER AGAINST REPEAL- On page 23, line 19, increase the amount by to amendment SA 1116 proposed by Mr. ING OIL MORATORIUM THAT PRO- $3,015,000,000. ENZI to the concurrent resolution H. TECTS MILITARY READINESS. On page 23, line 20, increase the amount by Con. Res. 71, establishing the congres- It shall not be in order in the Senate to $3,015,000,000. sional budget for the United States consider any bill, joint resolution, motion, On page 23, line 23, increase the amount by amendment, amendment between the $3,200,000,000. Government for fiscal year 2018 and Houses, or conference report that would On page 23, line 24, increase the amount by setting forth the appropriate budgetary allow for new oil drilling east of the Military $3,200,000,000. levels for fiscal years 2019 through 2027; Mission Line in the Gulf of Mexico. On page 24, line 2, increase the amount by which was ordered to lie on the table; $3,325,000,000. as follows: SA 1426. Mr. RUBIO submitted an On page 24, line 3, increase the amount by At the end of title III, add the following: amendment intended to be proposed to $3,325,000,000. amendment SA 1116 proposed by Mr. On page 24, line 6, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ELIMINATING TAX ENZI to the concurrent resolution H. $3,450,000,000. BREAKS FOR COMPANIES THAT SHIP Con. Res. 71, establishing the congres- On page 24, line 7, increase the amount by JOBS TO FOREIGN COUNTRIES. sional budget for the United States $3,450,000,000. The Chairman of the Committee on the On page 47, line 6, decrease the amount by Government for fiscal year 2018 and Budget of the Senate may revise the alloca- setting forth the appropriate budgetary $23,380,000,000. tions of a committee or committees, aggre- At the end of title III, add the following: gates, and other appropriate levels in this levels for fiscal years 2019 through 2027; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the which was ordered to lie on the table; RELATING TO ENSURING THAT UN- pay-as-you-go ledger, for one or more bills, as follows: DERGRADUATE FEDERAL DIRECT joint resolutions, amendments, amendments At the end of title III, add the following: STAFFORD LOAN STUDENT BOR- ROWERS WILL NOT PAY INTEREST between the Houses, motions, or conference SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND WHILE ATTENDING AN INSTITUTION reports relating to eliminating tax breaks RELATING TO THE COLOMBIAN OF HIGHER EDUCATION. for companies that outsource jobs to foreign PEACE AGREEMENT. The Chairman of the Committee on the countries, by the amounts provided in such The Chairman of the Committee on the Budget of the Senate may revise the alloca- legislation for those purposes, provided that Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- such legislation would not increase the def- tions of a committee or committees, aggre- gates, and other appropriate levels in this icit over either the period of the total of fis- gates, and other appropriate levels in this resolution, and make adjustments to the cal years 2018 through 2022 or the period of resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, the total of fiscal years 2018 through 2027. pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments joint resolutions, amendments, amendments between the Houses, motions, or conference SA 1424. Mr. DONNELLY submitted between the Houses, motions, or conference reports relating to providing additional sup- reports relating to ensuring that current an amendment intended to be proposed port to the Government of Colombia for the Federal policy will continue for under- to amendment SA 1116 proposed by Mr. implementation of a Colombian peace agree- graduate Federal Direct Stafford Loan stu- ENZI to the concurrent resolution H. ment which may include the Revolutionary dent borrowers and such borrowers will not Con. Res. 71, establishing the congres- Armed Forces of Colombia, which may in- pay interest on their Federal Direct Stafford sional budget for the United States clude conditions relating to counter- Loans while enrolled in an institution of narcotics programs aerial eradication or ex- higher education, by the amounts provided Government for fiscal year 2018 and tradition requests, by the amounts provided in such legislation for those purposes, pro- setting forth the appropriate budgetary in such legislation for those purposes, pro- vided that such legislation would not in- levels for fiscal years 2019 through 2027; vided that such legislation would not in- crease the deficit over either the period of which was ordered to lie on the table; crease the deficit over either the period of the total of fiscal years 2018 through 2022 or as follows: the total of fiscal years 2018 through 2022 or the period of the total of fiscal years 2018 At the end of title III, add the following: the period of the total of fiscal years 2018 through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND through 2027. RELATING TO PREVENTING OUT- SA 1422. Mr. ENZI (for Mr. PORTMAN) SOURCING. SA 1427. Mr. LEE submitted an proposed an amendment to amendment The Chairman of the Committee on the amendment intended to be proposed to SA 1116 proposed by Mr. ENZI to the Budget of the Senate may revise the alloca- amendment SA 1116 proposed by Mr. concurrent resolution H. Con. Res. 71, tions of a committee or committees, aggre- ENZI to the concurrent resolution H. establishing the congressional budget gates, and other appropriate levels in this Con. Res. 71, establishing the congres- for the United States Government for resolution, and make adjustments to the sional budget for the United States pay-as-you-go ledger, for one or more bills, fiscal year 2018 and setting forth the Government for fiscal year 2018 and appropriate budgetary levels for fiscal joint resolutions, amendments, amendments between the Houses, motions, or conference setting forth the appropriate budgetary years 2019 through 2027; which was or- reports relating to the consideration in Fed- levels for fiscal years 2019 through 2027; dered to lie on the table; as follows: eral contracting policy of whether proposed which was ordered to lie on the table; At the end of title III, add the following: contractors outsource United States jobs, to as follows:

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.061 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6666 CONGRESSIONAL RECORD — SENATE October 19, 2017 At the end of title III, add the following: tion and Affordable Care Act (including any SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND amendment made by such title)’’ before ‘‘by RELATING TO STRATEGIC ENERGY RELATED TO EXPANDING THE the’’. INFRASTRUCTURE PROJECTS. CHILD TAX CREDIT. The Chairman of the Committee on the Budget of the Senate may revise the alloca- The Chairman of the Committee on the SA 1431. Mr. LEE submitted an Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- amendment intended to be proposed to gates, and other appropriate levels in this tions of a committee or committees, aggre- amendment SA 1116 proposed by Mr. gates, and other appropriate levels in this resolution, and make adjustments to the resolution, and make adjustments to the ENZI to the concurrent resolution H. pay-as-you-go ledger, for one or more bills, pay-as-you-go ledger, for one or more bills, Con. Res. 71, establishing the congres- joint resolutions, amendments, amendments joint resolutions, amendments, amendments sional budget for the United States between the Houses, motions, or conference between the Houses, motions, or conference Government for fiscal year 2018 and reports relating to making any regional large-scale strategic energy infrastructure reports relating to providing tax relief for setting forth the appropriate budgetary project with the potential to significantly working families, which may include an ex- levels for fiscal years 2019 through 2027; contribute to the economic resilience of the pansion of the child tax credit, by the which was ordered to lie on the table; region in which the project is located eligi- amounts provided in such legislation for as follows: ble for a loan guarantee under section 1703 of those purposes, provided that such legisla- the Energy Policy Act of 2005 (42 U.S.C. tion would not increase the deficit over ei- On page 56, between lines 8 and 9, insert 16513), by the amounts provided in such legis- ther the period of the total of fiscal years the following: lation for those purposes, provided that such 2018 through 2022 or the period of the total of (5) assessing nuclear deterrent effective- legislation would not increase the deficit fiscal years 2018 through 2027. ness; (6) encouraging the submission of an over- over either the period of the total of fiscal all national security strategy; years 2018 through 2022 or the period of the SA 1428. Mr. ENZI (for Mr. LEE) pro- total of fiscal years 2018 through 2027. posed an amendment to amendment SA (7) limiting United States military engage- ments abroad that are not explicitly author- 1116 proposed by Mr. ENZI to the con- ized by an Act of Congress; SA 1434. Mr. MANCHIN (for himself, current resolution H. Con. Res. 71, es- (8) prohibiting the Armed Forces from par- Mr. CASEY, and Mr. WARNER) submitted tablishing the congressional budget for ticipating in a humanitarian operation, or an amendment intended to be proposed the United States Government for fis- assisting in a civil war, ethnic conflict, trib- to amendment SA 1116 proposed by Mr. cal year 2018 and setting forth the ap- al or territorial dispute, without an explicit ENZI to the concurrent resolution H. propriate budgetary levels for fiscal authorization by an Act of Congress; or Con. Res. 71, establishing the congres- years 2019 through 2027; which was or- (9) placing limitations on United States sional budget for the United States dered to lie on the table; as follows: military engagements and foreign military Government for fiscal year 2018 and sales to either party or side (whether rebel, setting forth the appropriate budgetary On page 57, line 19, insert ‘‘, including re- opposition group, or established government) writing the formula for payments under the in an internal, domestic, or civil war or dis- levels for fiscal years 2019 through 2027; program’’ after ‘‘program’’. pute within a country or relating to activi- which was ordered to lie on the table; ties in pursuit of autonomy or independence, as follows: SA 1429. Mr. ENZI (for Mr. LEE) pro- At the end of title III, add the following: posed an amendment to amendment SA SA 1432. Mr. LEE submitted an SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 1116 proposed by Mr. ENZI to the con- amendment intended to be proposed to RELATING TO ECONOMIC REVITAL- amendment SA 1116 proposed by Mr. IZATION FOR COAL COUNTRY. current resolution H. Con. Res. 71, es- The Chairman of the Committee on the tablishing the congressional budget for ENZI to the concurrent resolution H. Budget of the Senate may revise the alloca- the United States Government for fis- Con. Res. 71, establishing the congres- tions of a committee or committees, aggre- cal year 2018 and setting forth the ap- sional budget for the United States gates, and other appropriate levels in this propriate budgetary levels for fiscal Government for fiscal year 2018 and resolution, and make adjustments to the years 2019 through 2027; which was or- setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills, dered to lie on the table; as follows: levels for fiscal years 2019 through 2027; joint resolutions, amendments, amendments between the Houses, motions, or conference At the end of title III, add the following: which was ordered to lie on the table; as follows: reports relating to providing funds to States SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND and Indian tribes for the purpose of pro- RELATING TO CLARIFYING FEDERAL At the end of title III, add the following: moting economic revitalization, diversifica- JURISDICTION IN RELATION TO SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND tion, and development in economically dis- INTRASTATE SPECIES. RELATING TO THE DISPOSAL OF EX- tressed communities through the reclama- The Chairman of the Committee on the CESS FEDERAL LAND TO REDUCE tion and restoration of land and water re- Budget of the Senate may revise the alloca- THE FEDERAL DEFICIT. sources adversely affected by coal mining tions of a committee or committees, aggre- The Chairman of the Committee on the carried out before August 3, 1977, by the gates, and other appropriate levels in this Budget of the Senate may revise the alloca- amounts provided in such legislation for resolution, and make adjustments to the tions of a committee or committees, aggre- those purposes, provided that such legisla- pay-as-you-go ledger, for one or more bills, gates, and other appropriate levels in this tion would not increase the deficit over ei- joint resolutions, amendments, amendments resolution, and make adjustments to the ther the period of the total of fiscal years between the Houses, motions, or conference pay-as-you-go ledger, for one or more bills, 2018 through 2022 or the period of the total of reports relating to prohibiting Federal regu- joint resolutions, amendments, amendments fiscal years 2018 through 2027. lation of entirely intrastate species under between the Houses, motions, or conference the Endangered Species Act of 1973 (16 U.S.C. reports relating to the disposal of excess SA 1435. Mr. BENNET (for himself 1531 et seq.) by the amounts provided in such Federal land to reduce the Federal deficit by and Mr. GARDNER) submitted an legislation for those purposes, provided that the amounts provided in such legislation for such legislation would not raise new revenue those purposes, provided that such legisla- amendment intended to be proposed to and would not increase the deficit over ei- tion would not raise new revenue and would amendment SA 1116 proposed by Mr. ther the period of the total of fiscal years not increase the deficit over either the pe- ENZI to the concurrent resolution H. 2018 through 2022 or the period of the total of riod of the total of fiscal years 2018 through Con. Res. 71, establishing the congres- fiscal years 2018 through 2027. 2022 or the period of the total of fiscal years sional budget for the United States 2018 through 2027. Government for fiscal year 2018 and SA 1430. Mr. ENZI (for Mr. LEE) pro- setting forth the appropriate budgetary Mr. MANCHIN submitted an posed an amendment to amendment SA SA 1433. levels for fiscal years 2019 through 2027; amendment intended to be proposed to 1116 proposed by Mr. ENZI to the con- which was ordered to lie on the table; amendment SA 1116 proposed by Mr. current resolution H. Con. Res. 71, es- as follows: ENZI to the concurrent resolution H. tablishing the congressional budget for At the end of title III, add the following: Con. Res. 71, establishing the congres- the United States Government for fis- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND cal year 2018 and setting forth the ap- sional budget for the United States RELATING TO A LIFETIME BAN ON propriate budgetary levels for fiscal Government for fiscal year 2018 and SENATORS AND MEMBERS OF THE years 2019 through 2027; which was or- setting forth the appropriate budgetary HOUSE OF REPRESENTATIVES EN- levels for fiscal years 2019 through 2027; GAGING IN LOBBYING. dered to lie on the table; as follows: The Chairman of the Committee on the On page 49, line 5, insert ‘‘, which may in- which was ordered to lie on the table; Budget of the Senate may revise the alloca- clude nullification of any regulations pro- as follows: tions of a committee or committees, aggre- mulgated under title I of the Patient Protec- At the end of title III, add the following: gates, and other appropriate levels in this

VerDate Sep 11 2014 07:11 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.076 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6667 resolution, and make adjustments to the taxes for the wealthy and large corporations, SA 1440. Mr. DURBIN (for himself, pay-as-you-go ledger, for one or more bills, by the amounts provided in such legislation Mr. REED, Mr. VAN HOLLEN, and Mr. joint resolutions, amendments, amendments for those purposes, provided that such legis- FRANKEN) submitted an amendment in- between the Houses, motions, or conference lation would not increase the deficit over ei- tended to be proposed to amendment reports relating to a lifetime ban on Sen- ther the period of the total of fiscal years ators and Members of the House of Rep- 2018 through 2022 or the period of the total of SA 1116 proposed by Mr. ENZI to the resentatives engaging in lobbying by the fiscal years 2018 through 2027. concurrent resolution H. Con. Res. 71, amounts provided in such legislation for establishing the congressional budget those purposes, provided that such legisla- SA 1438. Mr. DURBIN (for himself, for the United States Government for tion would not increase the deficit over ei- Mr. REED, Ms. BALDWIN, Ms. fiscal year 2018 and setting forth the ther the period of the total of fiscal years DUCKWORTH, Mr. VAN HOLLEN, Mr. appropriate budgetary levels for fiscal 2018 through 2022 or the period of the total of LEAHY, and Mr. FRANKEN) submitted an years 2019 through 2027; which was or- fiscal years 2018 through 2027. amendment intended to be proposed to dered to lie on the table; as follows: amendment SA 1116 proposed by Mr. At the end of title III, add the following: SA 1436. Mr. DURBIN (for himself ENZI to the concurrent resolution H. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND and Ms. DUCKWORTH) submitted an Con. Res. 71, establishing the congres- RELATING TO PREVENTING CER- amendment intended to be proposed to sional budget for the United States TAIN CORPORATIONS FROM PROF- amendment SA 1116 proposed by Mr. ITING FROM GOVERNMENT CON- Government for fiscal year 2018 and TRACTS. ENZI to the concurrent resolution H. setting forth the appropriate budgetary The Chairman of the Committee on the Con. Res. 71, establishing the congres- levels for fiscal years 2019 through 2027; Budget of the Senate may revise the alloca- sional budget for the United States which was ordered to lie on the table; tions of a committee or committees, aggre- Government for fiscal year 2018 and as follows: gates, and other appropriate levels in this setting forth the appropriate budgetary resolution, and make adjustments to the levels for fiscal years 2019 through 2027; At the end of title III, add the following: pay-as-you-go ledger, for one or more bills, lll which was ordered to lie on the table; SEC. 3 . DEFICIT-NEUTRAL RESERVE FUND joint resolutions, amendments, amendments RELATING TO PROHIBITING IN- between the Houses, motions, or conference as follows: VERTED CORPORATIONS FROM AVOIDING UNITED STATES TAXES. reports relating to preventing certain cor- At the end of subtitle A of title IV, add the porations that avoid paying their fair share following: The Chairman of the Committee on the Budget of the Senate may revise the alloca- of United States taxes from profiting from SEC. 41ll. POINT OF ORDER AGAINST LEGISLA- tions of a committee or committees, aggre- Federal government contracts, which may TION THAT WOULD CUT MEDICARE include revising the definition of an inverted OR MEDICAID BENEFITS FOR WORK- gates, and other appropriate levels in this resolution, and make adjustments to the corporation or identifying corporations that ING-CLASS AND MIDDLE-INCOME IL- were previously located in the United States LINOISANS WHILE CUTTING TAXES pay-as-you-go ledger, for one or more bills, FOR THE WEALTHY AND LARGE COR- joint resolutions, amendments, amendments and are now located in foreign countries PORATIONS. between the Houses, motions, or conference such as the United Kingdom, Bermuda, or the Cayman Islands, by the amounts pro- (a) POINT OF ORDER.—It shall not be in reports relating to preventing certain cor- vided in such legislation for those purposes, order in the Senate to consider any bill, poration from avoiding paying their fair provided that such legislation would not in- joint resolution, motion, amendment, share of United States taxes, which may in- crease the deficit over either the period of amendment between the Houses, or con- clude reforming the definition of an inverted the total of fiscal years 2018 through 2022 or ference report that shortens the financial corporation under the Internal Revenue Code the period of the total of fiscal years 2018 stability of Medicare or Medicaid or cuts of 1986 or preventing earnings stripping, by through 2027. benefits under Medicare or Medicaid for the amounts provided in such legislation for working-class and middle-income Illinoisans those purposes, provided that such legisla- Mr. LEAHY submitted an while cutting taxes for the wealthy and large SA 1441. tion would not increase the deficit over ei- amendment intended to be proposed to corporations. ther the period of the total of fiscal years (b) WAIVER AND APPEAL.—Subsection (a) 2018 through 2022 or the period of the total of amendment SA 1116 proposed by Mr. may be waived or suspended in the Senate fiscal years 2018 through 2027. ENZI to the concurrent resolution H. only by an affirmative vote of three-fifths of Con. Res. 71, establishing the congres- the Members, duly chosen and sworn. An af- SA 1439. Mr. DURBIN (for himself sional budget for the United States firmative vote of three-fifths of the Members and Ms. DUCKWORTH) submitted an Government for fiscal year 2018 and of the Senate, duly chosen and sworn, shall amendment intended to be proposed to setting forth the appropriate budgetary be required to sustain an appeal of the ruling amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; of the Chair on a point of order raised under NZI which was ordered to lie on the table; subsection (a). E to the concurrent resolution H. Con. Res. 71, establishing the congres- as follows: SA 1437. Mr. DURBIN (for himself sional budget for the United States At the end of title III, add the following: and Ms. DUCKWORTH) submitted an Government for fiscal year 2018 and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND setting forth the appropriate budgetary RELATING TO TAX DEDUCTIONS FOR amendment intended to be proposed to PUNITIVE DAMAGES. amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; The Chairman of the Committee on the ENZI to the concurrent resolution H. which was ordered to lie on the table; Budget of the Senate may revise the alloca- Con. Res. 71, establishing the congres- as follows: tions of a committee or committees, aggre- sional budget for the United States At the end of title III, add the following: gates, and other appropriate levels in this Government for fiscal year 2018 and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the setting forth the appropriate budgetary RELATING TO PROVIDING TAX IN- pay-as-you-go ledger, for one or more bills, CENTIVES TO BUSINESSES TO HIRE joint resolutions, amendments, amendments levels for fiscal years 2019 through 2027; YOUTH FROM ECONOMICALLY DIS- between the Houses, motions, or conference which was ordered to lie on the table; TRESSED AREAS. reports relating to the business deductions as follows: The Chairman of the Committee on the under the Internal Revenue Code of 1986, Budget of the Senate may revise the alloca- At the end of title III, add the following: which may include disallowing such a deduc- tions of a committee or committees, aggre- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND tion for punitive damages, by the amounts gates, and other appropriate levels in this provided in such legislation for those pur- RELATING TO PREVENTING LEGIS- resolution, and make adjustments to the LATION FROM RAISING TAXES ON poses, provided that such legislation would MIDDLE-INCOME ILLINOISANS pay-as-you-go ledger, for one or more bills, not increase the deficit over either the pe- WHILE CUTTING TAXES FOR THE joint resolutions, amendments, amendments riod of the total of fiscal years 2018 through WEALTHY AND LARGE CORPORA- between the Houses, motions, or conference 2022 or the period of the total of fiscal years TIONS. reports relating to the modification and ex- 2018 through 2027. The Chairman of the Committee on the tension of the work opportunity tax credit, Budget of the Senate may revise the alloca- which may include increasing the amount of SA 1442. Mrs. MURRAY (for herself, tions of a committee or committees, aggre- the credit and expanding the credit to allow Mr. BROWN, Mr. BOOKER, Ms. WARREN, gates, and other appropriate levels in this for year-round employment of at-risk youth, and Mr. BLUMENTHAL) submitted an resolution, and make adjustments to the by the amounts provided in such legislation amendment intended to be proposed to pay-as-you-go ledger, for one or more bills, for those purposes, provided that such legis- joint resolutions, amendments, amendments lation would not increase the deficit over ei- amendment SA 1116 proposed by Mr. between the Houses, motions, or conference ther the period of the total of fiscal years ENZI to the concurrent resolution H. reports relating to preventing tax increases 2018 through 2022 or the period of the total of Con. Res. 71, establishing the congres- on middle-income Illinoisans while cutting fiscal years 2018 through 2027. sional budget for the United States

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.079 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6668 CONGRESSIONAL RECORD — SENATE October 19, 2017 Government for fiscal year 2018 and and Mr. BLUMENTHAL) submitted an Con. Res. 71, establishing the congres- setting forth the appropriate budgetary amendment intended to be proposed to sional budget for the United States levels for fiscal years 2019 through 2027; amendment SA 1116 proposed by Mr. Government for fiscal year 2018 and which was ordered to lie on the table; ENZI to the concurrent resolution H. setting forth the appropriate budgetary as follows: Con. Res. 71, establishing the congres- levels for fiscal years 2019 through 2027; At the end of title III, add the following: sional budget for the United States which was ordered to lie on the table; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Government for fiscal year 2018 and as follows: RELATING TO ADDRESSING THE setting forth the appropriate budgetary At the end of title III, add the following: GENDER WAGE GAP THROUGH AN UPDATE OF THE EMPLOYER INFOR- levels for fiscal years 2019 through 2027; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND MATION REPORT. which was ordered to lie on the table; RELATING TO THE SHORTFALLS OF The Chairman of the Committee on the THE RADIATION EXPOSURE COM- as follows: PENSATION ACT. Budget of the Senate may revise the alloca- At the end of title III, add the following: The Chairman of the Committee on the tions of a committee or committees, aggre- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Budget of the Senate may revise the alloca- gates, and other appropriate levels in this RELATING TO SIGNIFICANTLY IN- tions of a committee or committees, aggre- resolution, and make adjustments to the CREASING OVERTIME PROTECTIONS gates, and other appropriate levels in this pay-as-you-go ledger, for one or more bills, FOR MIDDLE-CLASS WORKERS. resolution, and make adjustments to the joint resolutions, amendments, amendments The Chairman of the Committee on the pay-as-you-go ledger, for one or more bills, between the Houses, motions, or conference Budget of the Senate may revise the alloca- reports, relating to addressing the gender joint resolutions, amendments, amendments tions of a committee or committees, aggre- between the Houses, motions, or conference wage gap through an update of the Employer gates, and other appropriate levels in this Information Report (EEO-1) that includes reports relating to ensuring that compensa- resolution, and make adjustments to the tion be provided to people in the United gathering data from employers about com- pay-as-you-go ledger, for one or more bills, pensation by race, ethnicity, gender, and job States who were sickened by radiation expo- joint resolutions, amendments, amendments sure by above ground nuclear weapons test- category, by the amounts provided in such between the Houses, motions, or conference legislation for those purposes, provided that ing throughout the western United States reports relating to protecting workers from and Pacific islands, and to those were such legislation would not increase the def- working overtime hours without compensa- icit over either the period of the total of fis- sickened by radiation while working in the tion, which may include a substantial in- uranium mining industry during the Cold cal years 2018 through 2022 or the period of crease in overtime protections for middle the total of fiscal years 2018 through 2027. War, by the amounts provided in such legis- class workers, by the amounts provided in lation for those purposes, provided that such SA 1443. Mrs. MURRAY (for herself, such legislation for those purposes, provided legislation would not increase the deficit that such legislation would not increase the over either the period of the total of fiscal Mr. BROWN, Mr. BOOKER, Ms. WARREN, deficit over either the period of the total of and Mr. BLUMENTHAL) submitted an years 2018 through 2022 or the period of the fiscal years 2018 through 2022 or the period of total of fiscal years 2018 through 2027. amendment intended to be proposed to the total of fiscal years 2018 through 2027. amendment SA 1116 proposed by Mr. SA 1447. Mr. UDALL submitted an ENZI to the concurrent resolution H. SA 1445. Mrs. MURRAY (for herself, amendment intended to be proposed to Con. Res. 71, establishing the congres- Mr. FRANKEN, Mr. BROWN, Mr. BOOKER, amendment SA 1116 proposed by Mr. sional budget for the United States and Ms. WARREN) submitted an amend- ENZI to the concurrent resolution H. Government for fiscal year 2018 and ment intended to be proposed to Con. Res. 71, establishing the congres- setting forth the appropriate budgetary amendment SA 1116 proposed by Mr. sional budget for the United States levels for fiscal years 2019 through 2027; ENZI to the concurrent resolution H. Government for fiscal year 2018 and which was ordered to lie on the table; Con. Res. 71, establishing the congres- setting forth the appropriate budgetary as follows: sional budget for the United States levels for fiscal years 2019 through 2027; At the end of title III, add the following: Government for fiscal year 2018 and which was ordered to lie on the table; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND setting forth the appropriate budgetary as follows: RELATING TO PROTECTING WORK- levels for fiscal years 2019 through 2027; At the end of title III, add the following: ERS FROM WAGE THEFT. which was ordered to lie on the table; The Chairman of the Committee on the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Budget of the Senate may revise the alloca- as follows: RELATING TO HOUSING FOR ALL NA- tions of a committee or committees, aggre- At the end of title III, add the following: TIVE AMERICANS. gates, and other appropriate levels in this SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND The Chairman of the Committee on the resolution, and make adjustments to the RELATING TO ACHIEVING ECONOMY Budget of the Senate may revise the alloca- pay-as-you-go ledger, for one or more bills, AND EFFICIENCY IN FEDERAL PRO- tions of a committee or committees, aggre- joint resolutions, amendments, amendments CUREMENT BY ENSURING CON- gates, and other appropriate levels in this TRACTOR COMPLIANCE WITH EXIST- resolution, and make adjustments to the between the Houses, motions, or conference ING LAW. reports relating to protecting workers from pay-as-you-go ledger, for one or more bills, The Chairman of the Committee on the wage theft, which may include (1) creating joint resolutions, amendments, amendments Budget of the Senate may revise the alloca- new civil penalties for employers who engage between the Houses, motions, or conference tions of a committee or committees, aggre- in wage theft; (2) giving workers the right to reports relating to ensuring that funding gates, and other appropriate levels in this receive full compensation for all of the work under the Native American Housing Assist- resolution, and make adjustments to the that they perform; (3) giving workers the ance and Self-Determination Act of 1996 pro- pay-as-you-go ledger, for one or more bills, right to receive their final paychecks in a vides funding to all Native American com- joint resolutions, amendments, amendments timely manner; (4) requiring employers to munities, including Alaska Natives and Na- between the Houses, motions, or conference provide regular paystubs to workers; (5) in- tive Hawaiians, to address the critical hous- reports relating to achieving economy and creasing the amount of damages workers re- ing needs throughout Indian Country, by the efficiency in Federal procurement by ensur- ceive when they experience wage theft or ex- amounts provided in such legislation for ing contractor compliance with existing law, perience retaliation for filing a complaint those purposes, provided that such legisla- including compliance with the Americans about wage theft; (6) increasing the number tion would not increase the deficit over ei- with Disabilities Act of 1990, title VII of the of years that workers have to bring a wage ther the period of the total of fiscal years Civil Rights Act of 1964, the Occupational theft claim in court and suspending that 2018 through 2022 or the period of the total of Safety and Health Act of 1970, the Fair Labor time limit while the Department of Labor is fiscal years 2018 through 2027. Standards Act of 1938, and the National conducting an investigation; or (7) directing Labor Relations Act, by the amounts pro- the Department of Labor to refer employers SA 1448. Mr. UDALL submitted an vided in such legislation for those purposes, responsible for egregious and comprehensive amendment intended to be proposed to provided that such legislation would not in- violations to the Department of Justice for amendment SA 1116 proposed by Mr. crease the deficit over either the period of criminal prosecution, by the amounts pro- ENZI to the concurrent resolution H. the total of fiscal years 2018 through 2022 or vided in such legislation for those purposes, the period of the total of fiscal years 2018 Con. Res. 71, establishing the congres- provided that such legislation would not in- through 2027. sional budget for the United States crease the deficit over either the period of Government for fiscal year 2018 and the total of fiscal years 2018 through 2022 or SA 1446. Mr. UDALL (for himself and setting forth the appropriate budgetary the period of the total of fiscal years 2018 through 2027. Mr. HEINRICH) submitted an amend- levels for fiscal years 2019 through 2027; ment intended to be proposed to which was ordered to lie on the table; SA 1444. Mrs. MURRAY (for herself, amendment SA 1116 proposed by Mr. as follows: Mr. BROWN, Mr. BOOKER, Ms. WARREN, ENZI to the concurrent resolution H. At the end of title III, add the following:

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.081 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6669 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the only by an affirmative vote of three-fifths of RELATING TO TRUST ACQUISITIONS. pay-as-you-go ledger, for one or more bills, the Members, duly chosen and sworn. An af- The Chairman of the Committee on the joint resolutions, amendments, amendments firmative vote of three-fifths of the Members Budget of the Senate may revise the alloca- between the Houses, motions, or conference of the Senate, duly chosen and sworn, shall tions of a committee or committees, aggre- reports relating to reducing the tax code’s be required to sustain an appeal of the ruling gates, and other appropriate levels in this subsidization of corporate compensation, of the Chair on a point of order raised under resolution, and make adjustments to the which may include eliminating corporate de- subsection (a). pay-as-you-go ledger, for one or more bills, ductions for compensation in excess of joint resolutions, amendments, amendments $1,000,000, by the amounts provided in such SA 1453. Mr. REED (for himself and between the Houses, motions, or conference legislation for those purposes, provided that Mr. COONS) submitted an amendment reports relating to trust acquisitions, which such legislation would not increase the def- intended to be proposed to amendment may include prohibiting regulations that re- icit over either the period of the total of fis- SA 1116 proposed by Mr. ENZI to the vise the Department of the Interior’s land cal years 2018 through 2022 or the period of into trust acquisition process, whether for the total of fiscal years 2018 through 2027. concurrent resolution H. Con. Res. 71, on-reservation or off-reservation acquisi- establishing the congressional budget tions, or that could result in a de facto mor- SA 1451. Mr. REED (for himself and for the United States Government for atorium on trust acquisitions, by the Mr. BROWN) submitted an amendment fiscal year 2018 and setting forth the amounts provided in such legislation for intended to be proposed to amendment appropriate budgetary levels for fiscal those purposes, provided that such legisla- SA 1116 proposed by Mr. ENZI to the years 2019 through 2027; which was or- tion would not increase the deficit over ei- concurrent resolution H. Con. Res. 71, dered to lie on the table; as follows: ther the period of the total of fiscal years establishing the congressional budget At the end of title III, add the following: 2018 through 2022 or the period of the total of for the United States Government for fiscal years 2018 through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND fiscal year 2018 and setting forth the RELATING TO EXPANDING NA- SA 1449. Mr. REED submitted an appropriate budgetary levels for fiscal TIONAL SERVICE OPPORTUNITIES. amendment intended to be proposed to years 2019 through 2027; which was or- The Chairman of the Committee on the dered to lie on the table; as follows: Budget of the Senate may revise the alloca- amendment SA 1116 proposed by Mr. tions of a committee or committees, aggre- At the end of subtitle A of title IV, add the ENZI to the concurrent resolution H. gates, and other appropriate levels in this following: Con. Res. 71, establishing the congres- resolution, and make adjustments to the ll SEC. 41 . POINT OF ORDER AGAINST LIMITING pay-as-you-go ledger, for one or more bills, sional budget for the United States ACCESS TO HEALTH CARE FOR CHIL- Government for fiscal year 2018 and DREN. joint resolutions, amendments, amendments setting forth the appropriate budgetary (a) POINT OF ORDER.—It shall not be in between the Houses, motions, or conference levels for fiscal years 2019 through 2027; order in the Senate to consider any bill, reports relating to strengthening and ex- which was ordered to lie on the table; joint resolution, motion, amendment, panding national service programs offered through the Corporation for National and as follows: amendment between the Houses, or con- ference report that would reduce health in- Community Service, which may include in- At the end of title III, add the following: surance coverage for children, including cuts creasing the value of the education awards SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND to Medicaid, the Children’s Health Insurance earned by national service program volun- RELATING TO REDUCING THE GEO- Program (CHIP), or the Patient Protection teers, by the amounts provided in such legis- GRAPHIC IMBALANCE IN FEDERAL and Affordable Care Act, such as restricting lation for those purposes, provided that such RESEARCH FUNDING AND IMPROV- Federal requirements that private insurance legislation would not increase the deficit ING RESEARCH INFRASTRUCTURE over either the period of the total of fiscal AND CAPACITY THROUGHOUT THE provide coverage for pediatric services. STATES. (b) WAIVER AND APPEAL.—Subsection (a) years 2018 through 2022 or the period of the The Chairman of the Committee on the may be waived or suspended in the Senate total of fiscal years 2018 through 2027. Budget of the Senate may revise the alloca- only by an affirmative vote of three-fifths of tions of a committee or committees, aggre- the Members, duly chosen and sworn. An af- SA 1454. Mr. REED (for himself, Mr. gates, and other appropriate levels in this firmative vote of three-fifths of the Members WHITEHOUSE, Ms. HIRONO, and Ms. WAR- resolution, and make adjustments to the of the Senate, duly chosen and sworn, shall REN) submitted an amendment in- pay-as-you-go ledger, for one or more bills, be required to sustain an appeal of the ruling tended to be proposed to amendment joint resolutions, amendments, amendments of the Chair on a point of order raised under subsection (a). SA 1116 proposed by Mr. ENZI to the between the Houses, motions, or conference concurrent resolution H. Con. Res. 71, reports relating to the Established Program SA 1452. Mr. REED (for himself, Mr. establishing the congressional budget to Stimulate Competitive Research of the BLUMENTHAL, and Ms. WARREN) sub- for the United States Government for National Aeronautics and Space Administra- tion (commonly known as ‘‘ESPCoR’’), mitted an amendment intended to be fiscal year 2018 and setting forth the which may include support for States and ju- proposed to amendment SA 1116 pro- appropriate budgetary levels for fiscal risdictions that are historically underserved posed by Mr. ENZI to the concurrent years 2019 through 2027; which was or- by Federal research and development fund- resolution H. Con. Res. 71, establishing dered to lie on the table; as follows: ing, by the amounts provided in such legisla- the congressional budget for the United At the end of title III, add the following: tion for those purposes, provided that such States Government for fiscal year 2018 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND legislation would not increase the deficit and setting forth the appropriate budg- RELATING TO INCREASING THE over either the period of the total of fiscal etary levels for fiscal years 2019 MAXIMUM FEDERAL PELL GRANT years 2018 through 2022 or the period of the through 2027; which was ordered to lie AWARD AND ADJUSTING THE AWARD total of fiscal years 2018 through 2027. FOR INFLATION. on the table; as follows: The Chairman of the Committee on the SA 1450. Mr. REED submitted an At the end of subtitle A of title IV, add the Budget of the Senate may revise the alloca- amendment intended to be proposed to following: tions of a committee or committees, aggre- amendment SA 1116 proposed by Mr. SEC. 41ll. POINT OF ORDER AGAINST CUTTING gates, and other appropriate levels in this LONG-TERM SERVICES AND SUP- resolution, and make adjustments to the ENZI to the concurrent resolution H. PORTS FOR SENIORS. Con. Res. 71, establishing the congres- pay-as-you-go ledger, for one or more bills, (a) POINT OF ORDER.—It shall not be in joint resolutions, amendments, amendments sional budget for the United States order in the Senate to consider any bill, between the Houses, motions, or conference Government for fiscal year 2018 and joint resolution, motion, amendment, reports relating to increasing the maximum amendment between the Houses, or con- setting forth the appropriate budgetary Federal Pell Grant award and ensuring that ference report that would cut long term serv- levels for fiscal years 2019 through 2027; the award is adjusted for inflation, by the ices and supports for seniors, including nurs- amounts provided in such legislation for which was ordered to lie on the table; ing home care and home and community- those purposes, provided that such legisla- as follows: based care, under the Medicaid program tion would not increase the deficit over ei- At the end of title III, add the following: under title XIX of the Social Security Act ther the period of the total of fiscal years (42 U.S.C. 1396 et seq.) by reducing Federal SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 2018 through 2022 or the period of the total of funding of State Medicaid programs, includ- RELATING TO ELIMINATING COR- fiscal years 2018 through 2027. PORATE DEDUCTIONS FOR COM- ing by instituting a block grant model for PENSATION IN EXCESS OF $1,000,000. Federal funding of State Medicaid programs Mr. REED (for himself and The Chairman of the Committee on the or imposing per capita caps on Federal fund- SA 1455. Budget of the Senate may revise the alloca- ing of State Medicaid programs. Mr. BROWN) submitted an amendment tions of a committee or committees, aggre- (b) WAIVER AND APPEAL.—Subsection (a) intended to be proposed to amendment gates, and other appropriate levels in this may be waived or suspended in the Senate SA 1116 proposed by Mr. ENZI to the

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.085 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6670 CONGRESSIONAL RECORD — SENATE October 19, 2017 concurrent resolution H. Con. Res. 71, tions of a committee or committees, aggre- cluding by insuring against job loss due to establishing the congressional budget gates, and other appropriate levels in this automation, economic downturns and disas- for the United States Government for resolution, and make adjustments to the ters, by the amounts provided in such legis- fiscal year 2018 and setting forth the pay-as-you-go ledger, for one or more bills, lation for those purposes, provided that such joint resolutions, amendments, amendments legislation would not increase the deficit appropriate budgetary levels for fiscal between the Houses, motions, or conference over either the period of the total of fiscal years 2019 through 2027; which was or- reports relating to reforming the Federal years 2018 through 2022 or the period of the dered to lie on the table; as follows: student loan programs under title IV of the total of fiscal years 2018 through 2027. At the end of title III, add the following: Higher Education Act of 1965 (20 U.S.C. 1070 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND et seq.) to eliminate negative subsidies and SA 1460. Mr. REED (for himself, Mr. RELATING TO SCHOOL INFRASTRUC- reduce costs for borrowers, by the amounts DURBIN, and Ms. WARREN) submitted an TURE. provided in such legislation for those pur- amendment intended to be proposed to The Chairman of the Committee on the poses, provided that such legislation would amendment SA 1116 proposed by Mr. Budget of the Senate may revise the alloca- not increase the deficit over either the pe- ENZI to the concurrent resolution H. tions of a committee or committees, aggre- riod of the total of fiscal years 2018 through gates, and other appropriate levels in this 2022 or the period of the total of fiscal years Con. Res. 71, establishing the congres- resolution, and make adjustments to the 2018 through 2027. sional budget for the United States pay-as-you-go ledger, for one or more bills, Government for fiscal year 2018 and joint resolutions, amendments, amendments SA 1458. Mr. REED submitted an setting forth the appropriate budgetary between the Houses, motions, or conference amendment intended to be proposed to levels for fiscal years 2019 through 2027; reports relating to establishing a program to amendment SA 1116 proposed by Mr. address critical infrastructure needs in the which was ordered to lie on the table; public elementary and secondary schools of ENZI to the concurrent resolution H. as follows: the United States, by the amounts provided Con. Res. 71, establishing the congres- At the end of title III, add the following: in such legislation for those purposes, pro- sional budget for the United States SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND vided that such legislation would not in- Government for fiscal year 2018 and RELATING TO REFORMING STUDENT crease the deficit over either the period of setting forth the appropriate budgetary LOAN PROGRAMS. the total of fiscal years 2018 through 2022 or levels for fiscal years 2019 through 2027; The Chairman of the Committee on the the period of the total of fiscal years 2018 which was ordered to lie on the table; Budget of the Senate may revise the alloca- through 2027. as follows: tions of a committee or committees, aggre- gates, and other appropriate levels in this SA 1456. Mr. REED (for himself and At the end of title III, add the following: resolution, and make adjustments to the Ms. WARREN) submitted an amendment SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND pay-as-you-go ledger, for one or more bills, RELATING TO PROVIDING FOR FIVE joint resolutions, amendments, amendments intended to be proposed to amendment YEARS OF FEDERAL FUNDING FOR SA 1116 proposed by Mr. ENZI to the SHORT-TIME COMPENSATION PRO- between the Houses, motions, or conference concurrent resolution H. Con. Res. 71, GRAMS, WHICH PREVENT LAYOFFS reports relating to student loan reform, establishing the congressional budget AND KEEP AMERICANS EMPLOYED. which may include establishing a policy of risk sharing to require institutions of higher for the United States Government for The Chairman of the Committee on the Budget of the Senate may revise the alloca- education to assume some of the risk for stu- fiscal year 2018 and setting forth the tions of a committee or committees, aggre- dent loans, by the amounts provided in such appropriate budgetary levels for fiscal gates, and other appropriate levels in this legislation for those purposes, provided that years 2019 through 2027; which was or- resolution, and make adjustments to the such legislation would not increase the def- dered to lie on the table; as follows: pay-as-you-go ledger, for one or more bills, icit over either the period of the total of fis- At the end of subtitle A of title IV, add the joint resolutions, amendments, amendments cal years 2018 through 2022 or the period of following: between the Houses, motions, or conference the total of fiscal years 2018 through 2027. SEC. 41ll. POINT OF ORDER AGAINST INCREAS- reports relating to providing for five years of ING THE COSTS TO BORROWERS IN Federal funding for short-time compensation SA 1461. Mr. HOEVEN submitted an THE FEDERAL STUDENT LOAN PRO- programs, which prevent layoffs and keep amendment intended to be proposed to GRAMS. Americans employed, by the amounts pro- amendment SA 1116 proposed by Mr. (a) POINT OF ORDER.—It shall not be in vided in such legislation for those purposes, ENZI to the concurrent resolution H. order in the Senate to consider any bill, provided that such legislation would not in- joint resolution, motion, amendment, Con. Res. 71, establishing the congres- crease the deficit over either the period of sional budget for the United States amendment between the Houses, or con- the total of fiscal years 2018 through 2022 or ference report that would increase the cost the period of the total of fiscal years 2018 Government for fiscal year 2018 and to borrowers of Federal education loans through 2027. setting forth the appropriate budgetary made to students or on behalf of students, levels for fiscal years 2019 through 2027; including a switch to fair value accounting SA 1459. Mr. REED submitted an which was ordered to lie on the table; rules. amendment intended to be proposed to as follows: (b) WAIVER AND APPEAL.—Subsection (a) amendment SA 1116 proposed by Mr. may be waived or suspended in the Senate At the end of title III, add the following: ENZI to the concurrent resolution H. only by an affirmative vote of three-fifths of SEC. 3 lll. DEFICIT-NEUTRAL RESERVE FUND the Members, duly chosen and sworn. An af- Con. Res. 71, establishing the congres- RELATING TO TAX RELIEF FOR NON- firmative vote of three-fifths of the Members sional budget for the United States CORPORATE SMALL BUSINESS OWN- ERS. of the Senate, duly chosen and sworn, shall Government for fiscal year 2018 and The Chairman of the Committee on the be required to sustain an appeal of the ruling setting forth the appropriate budgetary Budget of the Senate may revise the alloca- of the Chair on a point of order raised under levels for fiscal years 2019 through 2027; tions of a committee or committees, aggre- subsection (a). which was ordered to lie on the table; gates, and other appropriate levels in this SA 1457. Mr. REED (for himself and as follows: resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, Ms. WARREN) submitted an amendment At the end of title III, add the following: joint resolutions amendments, amendments intended to be proposed to amendment SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SECURING THE LONG- between the Houses, motions, or conference SA 1116 proposed by Mr. ENZI to the TERM INTEGRITY OF THE AMERICAN reports relating to changes in Federal tax concurrent resolution H. Con. Res. 71, WORKFORCE BY MODERNIZING UN- laws, which may include reducing the rough- establishing the congressional budget EMPLOYMENT COMPENSATION TO ly 45% top marginal rate applicable to small HELP INSURE AGAINST JOB LOSS for the United States Government for DUE TO AUTOMATION, ECONOMIC business owners, in a manner that will pre- fiscal year 2018 and setting forth the DOWNTURNS, AND DISASTERS. vent re-characterization of personal income appropriate budgetary levels for fiscal The Chairman of the Committee on the as business income, and further reform the years 2019 through 2027; which was or- Budget of the Senate may revise the alloca- pass-through area, including loophole closers by the amounts provided in such legislation dered to lie on the table; as follows: tions of a committee or committees, aggre- gates, and other appropriate levels in this for those purposes, provided that such legis- At the end of title III, add the following: resolution, and make adjustments to the lation would not increase the deficit over ei- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND pay-as-you-go ledger, for one or more bills, ther the period of the total of fiscal years RELATING TO ELIMINATING NEGA- 2018 through 2027. TIVE SUBSIDIES IN THE FEDERAL joint resolutions, amendments, amendments STUDENT LOAN PROGRAM AND RE- between the Houses, motions, or conference DUCING COSTS FOR BORROWERS. reports relating to securing the long-term SA 1462. Mr. LEE submitted an The Chairman of the Committee on the integrity of the American workforce by mod- amendment intended to be proposed to Budget of the Senate may revise the alloca- ernizing unemployment compensation, in- amendment SA 1116 proposed by Mr.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.087 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6671 ENZI to the concurrent resolution H. gates, and other appropriate levels in this levels for fiscal years 2019 through 2027; Con. Res. 71, establishing the congres- resolution, and make adjustments to the which was ordered to lie on the table; sional budget for the United States pay-as-you-go ledger, for one or more bills, as follows: Government for fiscal year 2018 and joint resolutions, amendments, amendments between the Houses, motions, or conference At the end of title III, add the following: setting forth the appropriate budgetary reports relating to expanding health savings SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND levels for fiscal years 2019 through 2027; accounts by the amounts provided in such RELATING TO INCREASING ACCESS TO HEALTH SAVINGS ACCOUNTS. which was ordered to lie on the table; legislation for those purposes, provided that The Chairman of the Committee on the as follows: such legislation would not increase the def- Budget of the Senate may revise the alloca- icit over either the period of the total of fis- At the end of title III, add the following: tions of a committee or committees, aggre- cal years 2018 through 2022 or the period of SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND gates, and other appropriate levels in this the total of fiscal years 2018 through 2027. RELATING TO REPEALING THE resolution, and make adjustments to the DAVIS-BACON ACT. pay-as-you-go ledger, for one or more bills, The Chairman of the Committee on the SA 1465. Mr. LEE submitted an joint resolutions, amendments, amendments Budget of the Senate may revise the alloca- amendment intended to be proposed to between the Houses, motions, or conference tions of a committee or committees, aggre- amendment SA 1116 proposed by Mr. reports relating to increasing access to, and gates, and other appropriate levels in this ENZI to the concurrent resolution H. expanding the use of, health savings ac- resolution, and make adjustments to the Con. Res. 71, establishing the congres- counts, by the amounts provided in such leg- pay-as-you-go ledger, for one or more bills, sional budget for the United States islation for those purposes, provided that joint resolutions, amendments, amendments such legislation would not increase the def- between the Houses, motions, or conference Government for fiscal year 2018 and icit over either the period of the total of fis- reports relating to repealing the prevailing setting forth the appropriate budgetary cal years 2018 through 2022 or the period of wage rate requirements by the amounts pro- levels for fiscal years 2019 through 2027; the total of fiscal years 2018 through 2027. vided in such legislation for those purposes, which was ordered to lie on the table; provided that such legislation would not as follows: SA 1468. Mr. CASSIDY submitted an raise new revenue and would not increase the At the end of title III, add the following: deficit over either the period of the total of amendment intended to be proposed to SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND amendment SA 1116 proposed by Mr. fiscal years 2018 through 2022 or the period of RELATING TO WORK REQUIREMENT the total of fiscal years 2018 through 2027. MODIFICATIONS TO THE SUPPLE- ENZI to the concurrent resolution H. MENTAL NUTRITION ASSISTANCE Con. Res. 71, establishing the congres- SA 1463. Mr. LEE submitted an PROGRAM AND ESTABLISHING A sional budget for the United States amendment intended to be proposed to STATE OPTION TO INSTITUTE MED- Government for fiscal year 2018 and amendment SA 1116 proposed by Mr. ICAID WORK REQUIREMENTS. The Chairman of the Committee on the setting forth the appropriate budgetary ENZI to the concurrent resolution H. Budget of the Senate may revise the alloca- levels for fiscal years 2019 through 2027; Con. Res. 71, establishing the congres- tions of a committee or committees, aggre- which was ordered to lie on the table; sional budget for the United States gates, and other appropriate levels in this as follows: Government for fiscal year 2018 and resolution, and make adjustments to the At the end of title III, add the following: setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills, SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND levels for fiscal years 2019 through 2027; joint resolutions, amendments, amendments RELATING TO INCENTIVIZING PRICE which was ordered to lie on the table; between the Houses, motions, or conference TRANSPARENCY IN OUR HEALTH as follows: reports relating to modifying work require- CARE SYSTEM. ments for participation in the supplemental The Chairman of the Committee on the At the end of title III, add the following: nutrition assistance program established Budget of the Senate may revise the alloca- SEC. 3lll. SPENDING-NEUTRAL RESERVE FUND under the Food and Nutrition Act of 2008 (7 tions of a committee or committees, aggre- RELATING TO THE INSTITUTIONAL U.S.C. 2011 et seq.), and establishing a State gates, and other appropriate levels in this ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN POSTSECONDARY option to institute Medicaid work require- resolution, and make adjustments to the STUDENT FINANCIAL AID PRO- ments, by the amounts provided in such leg- pay-as-you-go ledger, for one or more bills, GRAMS. islation for those purposes, provided that joint resolutions, amendments, amendments The Chairman of the Committee on the such legislation would not raise new revenue between the Houses, motions, or conference Budget of the Senate may revise the alloca- and would not increase the deficit over ei- reports relating to allowing States to com- tions of a committee or committees, aggre- ther the period of the total of fiscal years bine waivers under section 1115 of the Social gates, and other appropriate levels in this 2018 through 2022 or the period of the total of Security Act and waivers under section 1332 resolution, and make adjustments to the fiscal years 2018 through 2027. of the Patient Protection and Affordable pay-as-you-go ledger, for one or more bills, Care Act to better serve the unique needs of joint resolutions, amendments, amendments SA 1466. Mr. LEE submitted an the populations in their States, by the between the Houses, motions, or conference amendment intended to be proposed to amounts provided in such legislation for reports relating to the eligibility require- amendment SA 1116 proposed by Mr. those purposes, provided that such legisla- ments for institutions of higher education to ENZI to the concurrent resolution H. tion would not increase the deficit over ei- participate in the student financial assist- Con. Res. 71, establishing the congres- ther the period of the total of fiscal years 2018 through 2022 or the period of the total of ance programs, by the amounts provided in sional budget for the United States such legislation for those purposes, provided fiscal years 2018 through 2027. that such legislation would not raise new Government for fiscal year 2018 and revenue and would not increase the deficit setting forth the appropriate budgetary SA 1469. Mr. CASSIDY submitted an over either the period of the total of fiscal levels for fiscal years 2019 through 2027; amendment intended to be proposed to years 2018 through 2022 or the period of the which was ordered to lie on the table; amendment SA 1116 proposed by Mr. total of fiscal years 2018 through 2027. as follows: ENZI to the concurrent resolution H. On page 49, line 5, insert ‘‘which may in- Con. Res. 71, establishing the congres- SA 1464. Mr. LEE submitted an clude prohibiting additional States from sional budget for the United States amendment intended to be proposed to adopting the Medicaid expansion established amendment SA 1116 proposed by Mr. Government for fiscal year 2018 and by the Patient Protection and Affordable setting forth the appropriate budgetary ENZI to the concurrent resolution H. Care Act or eliminating the enhanced Fed- Con. Res. 71, establishing the congres- eral medical assistance percentages applica- levels for fiscal years 2019 through 2027; sional budget for the United States ble to State expenditures for medical assist- which was ordered to lie on the table; Government for fiscal year 2018 and ance provided under such Medicaid expan- as follows: setting forth the appropriate budgetary sion,’’ before ‘‘by the amounts’’. At the end of title III, add the following: levels for fiscal years 2019 through 2027; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SA 1467. Mr. CASSIDY (for himself RELATING TO LEGISLATION TO IM- which was ordered to lie on the table; and Mr. CARPER) submitted an amend- PROVE THE QUALITY OF CARE IN as follows: ment intended to be proposed to MEDICAID. At the end of title III, add the following: amendment SA 1116 proposed by Mr. The Chairman of the Committee on the Budget of the Senate may revise the alloca- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ENZI to the concurrent resolution H. RELATING TO EXPANDING HEALTH tions of a committee or committees, aggre- SAVINGS ACCOUNTS. Con. Res. 71, establishing the congres- gates, and other appropriate levels in this The Chairman of the Committee on the sional budget for the United States resolution, and make adjustments to the Budget of the Senate may revise the alloca- Government for fiscal year 2018 and pay-as-you-go ledger, for one or more bills, tions of a committee or committees, aggre- setting forth the appropriate budgetary joint resolutions, amendments, amendments

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.093 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6672 CONGRESSIONAL RECORD — SENATE October 19, 2017 between the Houses, motions, or conference ical billing, by the amounts provided in such On page 4, line 17, increase the amount by reports relating to legislation that would im- legislation for those purposes, provided that 7,748,000,000. prove the quality of care in the Medicaid such legislation would not increase the def- On page 4, line 18, increase the amount by program, which may include streamlining icit over either the period of the total of fis- $7,847,000,000. care delivery, rewarding high-quality care, cal years 2018 through 2022 or the period of On page 4, line 19, increase the amount by increasing the ability of States to innovate, the total of fiscal years 2018 through 2027. $7,954,000,000. improving oversight of waste, fraud, and On page 4, line 20, increase the amount by abuse, and improving quality metrics, by the SA 1472. Mr. CASSIDY submitted an $8,071,000,000. amounts provided in such legislation for amendment intended to be proposed to On page 4, line 21, increase the amount by those purposes, provided that such legisla- amendment SA 1116 proposed by Mr. $8,212,000,000. tion would not increase the deficit over ei- ENZI to the concurrent resolution H. On page 4, line 25, increase the amount by ther the period of the total of fiscal years Con. Res. 71, establishing the congres- $7,469,000,000. On page 5, line 1, increase the amount by 2018 through 2022 or the period of the total of sional budget for the United States fiscal years 2018 through 2027. $7,614,000,000. Government for fiscal year 2018 and On page 5, line 2, increase the amount by SA 1470. Mr. CASSIDY (for himself setting forth the appropriate budgetary $7,815,000,000. and Mr. CARPER) submitted an amend- levels for fiscal years 2019 through 2027; On page 5, line 3, increase the amount by ment intended to be proposed to which was ordered to lie on the table; $7,630,000,000. amendment SA 1116 proposed by Mr. as follows: On page 5, line 4, increase the amount by $7,723,000,000. At the end of title III, add the following: ENZI to the concurrent resolution H. On page 5, line 5, increase the amount by Con. Res. 71, establishing the congres- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $7,820,000,000. sional budget for the United States RELATING TO INCENTIVIZING PRICE TRANSPARENCY IN OUR HEALTH On page 5, line 6, increase the amount by Government for fiscal year 2018 and CARE SYSTEM. $7,925,000,000. setting forth the appropriate budgetary The Chairman of the Committee on the On page 5, line 7, increase the amount by levels for fiscal years 2019 through 2027; Budget of the Senate may revise the alloca- $8,035,000,000. which was ordered to lie on the table; tions of a committee or committees, aggre- On page 5, line 8, increase the amount by $8,172,000,000. as follows: gates, and other appropriate levels in this resolution, and make adjustments to the On page 5, line 9, increase the amount by At the end of title III, add the following: pay-as-you-go ledger, for one or more bills, $8,323,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND joint resolutions, amendments, amendments On page 5, line 13, increase the amount by RELATING TO GIVING STATES THE $7,235,000,000. ABILITY TO IMPLEMENT ALTER- between the Houses, motions, or conference reports relating to increasing the ability of On page 5, line 14, increase the amount by NATIVES TO THE INDIVIDUAL MAN- $7,506,000,000. DATE AND USE OTHER MECHANISMS States to apply for and receive, and On page 5, line 15, increase the amount by FOR INCENTIVIZING ENROLLMENT incentivizing States to apply for, a waiver IN HEALTH INSURANCE COVERAGE. under section 1332 of the Patient Protection $7,666,000,000. The Chairman of the Committee on the and Affordable Care Act (42 U.S.C. 18052) to On page 5, line 16, increase the amount by Budget of the Senate may revise the alloca- act as pass-through entities for funding, by $7,763,000,000. tions of a committee or committees, aggre- the amounts provided in such legislation for On page 5, line 17, increase the amount by gates, and other appropriate levels in this those purposes, provided that such legisla- $7,657,000,000. On page 5, line 18, increase the amount by resolution, and make adjustments to the tion would not increase the deficit over ei- $7,748,000,000. pay-as-you-go ledger, for one or more bills, ther the period of the total of fiscal years On page 5, line 19, increase the amount by joint resolutions, amendments, amendments 2018 through 2022 or the period of the total of $7,847,000,000. between the Houses, motions, or conference fiscal years 2018 through 2027. reports relating to giving States the ability On page 5, line 20, increase the amount by to implement alternatives to the individual SA 1473. Mr. MANCHIN (for himself, $7,954,000,000. On page 5, line 21, increase the amount by mandate and use other mechanisms for Mrs. MURRAY, and Mr. BLUMENTHAL) incentivizing enrollment in health insurance $8,071,000,000. submitted an amendment intended to On page 5, line 22, increase the amount by coverage, which may include the option of be proposed to amendment SA 1116 pro- automatic enrollment in health insurance $8,212,000,000. posed by Mr. ENZI to the concurrent coverage, by the amounts provided in such On page 22, line 20, increase the amount by legislation for those purposes, provided that resolution H. Con. Res. 71, establishing $7,469,000,000. such legislation would not increase the def- the congressional budget for the United On page 22, line 21, increase the amount by icit over either the period of the total of fis- States Government for fiscal year 2018 $7,235,000,000. cal years 2018 through 2022 or the period of and setting forth the appropriate budg- On page 22, line 24, increase the amount by the total of fiscal years 2018 through 2027. $7,614,000,000. etary levels for fiscal years 2019 On page 22, line 25, increase the amount by through 2027; which was ordered to lie SA 1471. Mr. CASSIDY (for himself, $7,506,000,000. on the table; as follows: On page 23, line 3, increase the amount by Mr. CARPER, Mr. BENNET, Mr. YOUNG, On page 3, line 12, increase the amount by $7,815,000,000. and Mr. BARRASSO) submitted an $7,235,000,000. On page 23, line 4, increase the amount by amendment intended to be proposed to On page 3, line 13, increase the amount by $7,666,000,000. amendment SA 1116 proposed by Mr. $7,506,000,000. On page 23, line 7, increase the amount by ENZI to the concurrent resolution H. On page 4, line 1, increase the amount by $7,630,000,000. Con. Res. 71, establishing the congres- $7,666,000,000. On page 23, line 8, increase the amount by sional budget for the United States On page 4, line 2, increase the amount by $7,763,000,000. $7,763,000,000. Government for fiscal year 2018 and On page 23, line 11, increase the amount by On page 4, line 3, increase the amount by $7,723,000,000. setting forth the appropriate budgetary $7,657,000,000. On page 23, line 12, increase the amount by levels for fiscal years 2019 through 2027; On page 4, line 4, increase the amount by $7,657,000,000. which was ordered to lie on the table; $7,748,000,000. On page 23, line 15, increase the amount by On page 4, line 5, increase the amount by as follows: $7,820,000,000. $7,847,000,000. On page 23, line 16, increase the amount by At the end of title III, add the following: On page 4, line 6, increase the amount by $7,748,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $7,954,000,000. RELATING TO INCENTIVIZING PRICE On page 4, line 7, increase the amount by On page 23, line 19, increase the amount by TRANSPARENCY IN OUR HEALTH $8,071,000,000. $7,925,000,000. CARE DELIVERY SYSTEM. On page 4, line 8, increase the amount by On page 23, line 20, increase the amount by The Chairman of the Committee on the $8,212,000,000. $7,847,000,000. Budget of the Senate may revise the alloca- On page 4, line 12, increase the amount by On page 23, line 23, increase the amount by tions of a committee or committees, aggre- $7,235,000,000. $8,035,000,000. gates, and other appropriate levels in this On page 4, 1ine 13, increase the amount by On page 23, line 24, increase the amount by resolution, and make adjustments to the $7,506,000,000. $7,954,000,000. pay-as-you-go ledger, for one or more bills, On page 4, line 14, increase the amount by On page 24, line 2, increase the amount by joint resolutions, amendments, amendments $7,666,000,000. $8,172,000,000. between the Houses, motions, or conference On page 4, line 15, increase the amount by On page 24, line 3, increase the amount by reports relating to incentivizing price trans- $7,763,000,000. $8,071,000,000. parency in our health care delivery system, On page 4, line 16, increase the amount by On page 24, line 6, increase the amount by which may include addressing surprise med- $7,657,000,000. $8,323,000,000.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.096 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6673 On page 24, line 7, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND high-quality programs and services aimed at $8,212,000,000. RELATING TO PROTECTING STU- improving social capital for foster youth by DENTS FROM PREDATORY FOR- On page 47, line 6, reduce the amount by the amounts provided in such legislation for PROFIT INSTITUTIONS OF HIGHER those purposes, provided that such legisla- $77,659,000,000. EDUCATION. tion would not increase the deficit over ei- At the end of subtitle A of title IV, add the The Chairman of the Committee on the ther the period of the total of fiscal years following: Budget of the Senate may revise the alloca- 2018 through 2022 or the period of the total of tions of a committee or committees, aggre- SEC. 41ll. POINT OF ORDER AGAINST LEGISLA- fiscal years 2018 through 2027. TION THAT WOULD REDUCE THE gates, and other appropriate levels in this FUNDING FOR FINANCIAL AID MADE resolution, and make adjustments to the SA 1478. Mr. BLUMENTHAL sub- AVAILABLE TO LOW AND MIDDLE IN- pay-as-you-go ledger, for one or more bills, mitted an amendment intended to be COME INDIVIDUALS THROUGH THE joint resolutions, amendments, amendments FEDERAL PELL GRANT PROGRAM. between the Houses, motions, or conference proposed to amendment SA 1116 pro- NZI (a) POINT OF ORDER.—It shall not be in reports relating to protecting students, in- posed by Mr. E to the concurrent order in the Senate to consider any bill, cluding students who are veterans of the resolution H. Con. Res. 71, establishing joint resolution, motion, amendment, armed forces, from predatory for-profit insti- the congressional budget for the United amendment between the Houses, or con- tutions of higher education by the amounts States Government for fiscal year 2018 ference report that would reduce the funding provided in such legislation for those pur- and setting forth the appropriate budg- for financial aid made available to low and poses, provided that such legislation would etary levels for fiscal years 2019 middle income individuals through the Fed- not increase the deficit over either the pe- through 2027; which was ordered to lie eral Pell Grant program under subpart 1 of riod of the total of fiscal years 2018 through on the table; as follows: part A of title IV of the Higher Education 2022 or the period of the total of fiscal years At the end of subtitle A of title IV, add the Act of 1965 (20 U.S.C. 1070a et seq.), including 2018 through 2027. following: cuts to mandatory funding and budget au- thority provided for the Federal Pell Grant SA 1476. Mr. BLUMENTHAL sub- SEC. 41ll. POINT OF ORDER AGAINST REDUC- mitted an amendment intended to be ING FUNDING FOR DISEASE PRE- increase calculated under section 401(b)(7) of VENTION EFFORTS. the Higher Education Act of 1965 (20 U.S.C. proposed to amendment SA 1116 pro- (a) POINT OF ORDER.—It shall not be in 1070a(b)(7)). posed by Mr. ENZI to the concurrent order in the Senate to consider any bill, (b) WAIVER AND APPEAL.—Subsection (a) resolution H. Con. Res. 71, establishing joint resolution, motion, amendment, may be waived or suspended in the Senate the congressional budget for the United amendment between the Houses, or con- only by an affirmative vote of three-fifths of States Government for fiscal year 2018 ference report that would— the Members, duly chosen and sworn. An af- and setting forth the appropriate budg- (1) result in a reduction or elimination of firmative vote of three-fifths of the Members etary levels for fiscal years 2019 funding under section 4002 of the Patient of the Senate, duly chosen and sworn, shall Protection and Affordable Care Act (42 be required to sustain an appeal of the ruling through 2027; which was ordered to lie U.S.C. 300u–11); of the Chair on a point of order raised under on the table; as follows: (2) reduce the Federal resources provided subsection (a). At the end of subtitle A of title IV, add the to communities to invest in effective, proven following: prevention efforts; or SA 1474. Mr. BLUMENTHAL sub- SEC. 41ll. POINT OF ORDER AGAINST REDUC- (3) increase the prevalence of disease rates ING FUNDING FOR FEDERAL STU- mitted an amendment intended to be amongst children. DENT FINANCIAL AID PROGRAMS. (b) WAIVER AND APPEAL.—Subsection (a) proposed to amendment SA 1116 pro- (a) POINT OF ORDER.—It shall not be in may be waived or suspended in the Senate posed by Mr. ENZI to the concurrent order in the Senate to consider any bill, only by an affirmative vote of three-fifths of resolution H. Con. Res. 71, establishing joint resolution, motion, amendment, the Members, duly chosen and sworn. An af- the congressional budget for the United amendment between the Houses, or con- firmative vote of three-fifths of the Members States Government for fiscal year 2018 ference report that would reduce funding for of the Senate, duly chosen and sworn, shall and setting forth the appropriate budg- Federal student financial aid programs. be required to sustain an appeal of the ruling (b) WAIVER AND APPEAL.—Subsection (a) of the Chair on a point of order raised under etary levels for fiscal years 2019 may be waived or suspended in the Senate subsection (a). through 2027; which was ordered to lie only by an affirmative vote of three-fifths of on the table; as follows: the Members, duly chosen and sworn. An af- SA 1479. Mr. BLUMENTHAL (for At the end of title III, add the following: firmative vote of three-fifths of the Members himself, Mr. HEINRICH, Mr. MURPHY, of the Senate, duly chosen and sworn, shall Mrs. FEINSTEIN, and Mrs. MURRAY) sub- lll SEC. 3 . DEFICIT-NEUTRAL RESERVE FUND be required to sustain an appeal of the ruling mitted an amendment intended to be RELATING TO IMPROVING DRUG of the Chair on a point of order raised under PRICING TRANSPARENCY FOR CON- proposed to amendment SA 1116 pro- subsection (a). SUMERS. posed by Mr. ENZI to the concurrent The Chairman of the Committee on the SA 1477. Mr. BLUMENTHAL (for resolution H. Con. Res. 71, establishing Budget of the Senate may revise the alloca- himself and Mr. WYDEN) submitted an the congressional budget for the United tions of a committee or committees, aggre- amendment intended to be proposed to States Government for fiscal year 2018 gates, and other appropriate levels in this amendment SA 1116 proposed by Mr. and setting forth the appropriate budg- resolution, and make adjustments to the etary levels for fiscal years 2019 pay-as-you-go ledger, for one or more bills, ENZI to the concurrent resolution H. joint resolutions, amendments, amendments Con. Res. 71, establishing the congres- through 2027; which was ordered to lie between the Houses, motions, or conference sional budget for the United States on the table; as follows: reports relating to improving drug pricing Government for fiscal year 2018 and On page 52, line 10, insert ‘‘by expanding transparency for consumers, by the amounts setting forth the appropriate budgetary access to State-run retirement plans for pri- provided in such legislation for those pur- levels for fiscal years 2019 through 2027; vate sector workers’’ before the semicolon. poses, provided that such legislation would which was ordered to lie on the table; not increase the deficit over either the pe- SA 1480. Mr. YOUNG submitted an riod of the total of fiscal years 2018 through as follows: amendment intended to be proposed to 2022 or the period of the total of fiscal years At the end of title III, add the following: amendment SA 1116 proposed by Mr. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 2018 through 2027. ENZI to the concurrent resolution H. RELATING TO EXPANDING ACCESS TO HIGH-QUALITY MENTORING AND Con. Res. 71, establishing the congres- SA 1475. Mr. BLUMENTHAL sub- OTHER POLICIES AND HIGH-QUAL- sional budget for the United States mitted an amendment intended to be ITY PROGRAMS AND SERVICES Government for fiscal year 2018 and proposed to amendment SA 1116 pro- AIMED AT IMPROVING SOCIAL CAP- ITAL FOR FOSTER YOUTH. setting forth the appropriate budgetary posed by Mr. ENZI to the concurrent The Chairman of the Committee on the levels for fiscal years 2019 through 2027; resolution H. Con. Res. 71, establishing Budget of the Senate may revise the alloca- which was ordered to lie on the table; the congressional budget for the United tions of a committee or committees, aggre- as follows: States Government for fiscal year 2018 gates, and other appropriate levels in this On page 52, line 14, strike ‘‘or’’. and setting forth the appropriate budg- resolution, and make adjustments to the On page 52, line 15, strike the comma and etary levels for fiscal years 2019 pay-as-you-go ledger, for one or more bills, insert ‘‘; or’’. through 2027; which was ordered to lie joint resolutions, amendments, amendments On page 52, insert the following after line between the Houses, motions, or conference 15: on the table; as follows: reports relating to expanding access to high- (8) paying for successful outcomes in social At the end of title III, add the following: quality mentoring and other policies and programs,

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.096 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6674 CONGRESSIONAL RECORD — SENATE October 19, 2017 SA 1481. Mr. YOUNG submitted an (2) AQUATIC NUISANCE SPECIES.—The term mizer blowdown, byproducts from cathodic amendment intended to be proposed to ‘‘aquatic nuisance species’’ means a non- protection, controllable pitch propeller and amendment SA 1116 proposed by Mr. indigenous species (including a pathogen, thruster hydraulic fluid, distillation and re- microbe, or virus) that threatens the diver- verse osmosis brine, elevator pit effluent, ENZI to the concurrent resolution H. sity or abundance of native species or the ec- firemain system effluent, freshwater layup Con. Res. 71, establishing the congres- ological stability of waters of the United effluent, gas turbine wash water, motor gas- sional budget for the United States States, or commercial, agricultural, oline and compensating effluent, refrigera- Government for fiscal year 2018 and aquacultural, or recreational activities de- tion and air condensate effluent, seawater setting forth the appropriate budgetary pendent on such waters. piping biofouling prevention substances, levels for fiscal years 2019 through 2027; (3) BALLAST WATER.— boat engine wet exhaust, sonar dome efflu- which was ordered to lie on the table; (A) IN GENERAL.—The term ‘‘ballast water’’ ent, exhaust gas scrubber washwater, or as follows: means any water and suspended matter stern tube packing gland effluent; or taken on board a commercial vessel— (bb) any other pollutant associated with On page 52, between lines 15 and 16, insert (i) to control or maintain trim, draught, the operation of a marine propulsion system, the following: stability, or stresses of the commercial ves- shipboard maneuvering system, habitability (8) increasing organ donation and improv- sel, regardless of how such water and matter system, or installed major equipment, or ing the organ donation system, is carried; or from a protective, preservative, or absorp- (ii) during the cleaning, maintenance, or tive application to the hull of a commercial SA 1482. Mr. YOUNG submitted an other operation of a ballast tank or ballast vessel; amendment intended to be proposed to water management system of the commer- (II) deck runoff, deck washdown, above the amendment SA 1116 proposed by Mr. cial vessel. waterline hull cleaning effluent, aqueous ENZI to the concurrent resolution H. (B) EXCLUSIONS.—The term ‘‘ballast water’’ film forming foam effluent, chain locker ef- Con. Res. 71, establishing the congres- does not include any substance that is added fluent, non-oily machinery wastewater, un- sional budget for the United States to water described in subparagraph (A) that derwater ship husbandry effluent, welldeck Government for fiscal year 2018 and is directly related to the operation of a prop- effluent, or fish hold and fish hold cleaning erly functioning ballast water management effluent; or setting forth the appropriate budgetary system. (III) any effluent from a properly func- levels for fiscal years 2019 through 2027; (4) BALLAST WATER DISCHARGE STANDARD.— tioning marine engine; or which was ordered to lie on the table; The term ‘‘ballast water discharge standard’’ (ii) a discharge of a pollutant into navi- as follows: means— gable waters of the United States in connec- On page 52, between lines 15 and 16, insert (A) the numerical ballast water discharge tion with the testing, maintenance, or repair the following: standard set forth in section 151.2030 of title of a system, equipment, or engine described (8) addressing medical errors and patient 33, Code of Federal Regulations, or section in subclause (I)(bb) or (III) of clause (i) when- safety, 151.1511 of such title (as in effect on the date ever the commercial vessel is waterborne. of the enactment of this Act); or (B) EXCLUSIONS.—The term ‘‘discharge in- SA 1483. Mr. WICKER submitted an (B) if the standard described in subpara- cidental to the normal operation of a com- amendment intended to be proposed to graph (A) has been revised under section mercial vessel’’ does not include— amendment SA 1116 proposed by Mr. 5006, such revised standard. (i) any discharge into navigable waters of (5) BALLAST WATER MANAGEMENT SYSTEM.— the United States from a commercial vessel ENZI to the concurrent resolution H. The term ‘‘ballast water management sys- of— Con. Res. 71, establishing the congres- tem’’ means any system, including all bal- (I) ballast water; sional budget for the United States last water treatment equipment and all asso- (II) rubbish, trash, garbage, incinerator Government for fiscal year 2018 and ciated control and monitoring equipment, ash, or other such material discharged over- setting forth the appropriate budgetary that processes ballast water— board; levels for fiscal years 2019 through 2027; (A) to kill, render nonviable, or remove or- (III) oil or a hazardous substance (as such which was ordered to lie on the table; ganisms; or terms are defined in section 311 of the Fed- (B) to avoid the uptake or discharge of or- eral Water Pollution Control Act (33 U.S.C. as follows: ganisms. 1321)); or At the end, add the following: (6) BEST AVAILABLE TECHNOLOGY ECONOMI- (IV) sewage (as defined in section 312(a)(6) TITLE V—VESSEL INCIDENTAL CALLY ACHIEVABLE.—The term ‘‘best avail- of the Federal Water Pollution Control Act DISCHARGE ACT able technology economically achievable’’ (33 U.S.C. 1322(a)(6))); or SEC. 5001. SHORT TITLE; TABLE OF CONTENTS. has the meaning given that term in sections (ii) any emission of an air pollutant result- (a) SHORT TITLE.—This title may be cited 301(b)(2)(A) and 304(b)(2)(B) of the Federal ing from the operation onboard a commer- as the ‘‘Vessel Incidental Discharge Act’’. Water Pollution Control Act (33 U.S.C. cial vessel of a commercial vessel propulsion (b) TABLE OF CONTENTS.—The table of con- 1311(b)(2)(A) and 1314(b)(2)(B)) as such term system, motor driven equipment, or inciner- tents for this title is as follows: applies to a mobile point source. ator; (7) BIOCIDE.—The term ‘‘biocide’’ means a (iii) any discharge into navigable waters of TITLE V—VESSEL INCIDENTAL substance or organism that is introduced the United States from a commercial vessel DISCHARGE ACT into or produced by a ballast water manage- when the commercial vessel is operating in a Sec. 5001. Short title; table of contents. ment system to kill or eliminate aquatic capacity other than as a means of transpor- Sec. 5002. Definitions. nuisance species as part of the process used tation on water; or Sec. 5003. Treatment of existing ballast to comply with a ballast water discharge (iv) any discharge that results from an ac- water regulations. standard. tivity other than the normal operation of a Sec. 5004. Ballast water discharge require- (8) CAPTAIN OF THE PORT ZONE.—The term commercial vessel. ments. ‘‘Captain of the Port Zone’’ means a Captain (11) EMPTY BALLAST TANK.—The term Sec. 5005. Approval of ballast water manage- of the Port Zone established by Secretary ‘‘empty ballast tank’’ means a tank— ment systems. Sec. 5006. Review and raising of ballast pursuant to sections 92, 93, and 633 of title 14, (A) intended to hold ballast water that has water discharge standard. United States Code. been drained to the limit of the functional or Sec. 5007. National Ballast Information (9) COMMERCIAL VESSEL.— operational capabilities of such tank, such as Clearinghouse. (A) IN GENERAL.—The term ‘‘commercial loss of suction, and otherwise recorded as Sec. 5008. Requirements for discharges inci- vessel’’ means a vessel (as defined in section empty on a vessel log; and dental to the normal operation 3 of title 1, United States Code) that is en- (B) that contains unpumpable residual bal- of a commercial vessel. gaged in commercial service (as defined in last water and sediments. Sec. 5009. Best management practices for section 2101(5) of title 46, United States (12) EXCHANGE.—The term ‘‘exchange’’ Great Lakes vessels. Code). means, with respect to ballast water, to re- Sec. 5010. Judicial review. (B) EXCLUSION.—The term ‘‘commercial place the water in a ballast water tank using Sec. 5011. State enforcement. vessel’’ does not include a recreational ves- one of the following methods: Sec. 5012. Effect on other laws. sel. (A) Flow-through exchange, in which bal- Sec. 5013. Quagga mussel. (10) DISCHARGE INCIDENTAL TO THE NORMAL last water is flushed out by pumping in mid- Sec. 5014. Coastal aquatic invasive species OPERATION OF A COMMERCIAL VESSEL.— ocean water at the bottom of the tank and mitigation grant program and (A) IN GENERAL.—The term ‘‘discharge inci- continuously overflowing the tank from the mitigation fund. dental to the normal operation of a commer- top until three full volumes of water has Sec. 5015. Rules of construction. cial vessel’’ means— been changed to minimize the number of SEC. 5002. DEFINITIONS. (i) a discharge into navigable waters of the original organisms remaining in the tank. In this title: United States from a commercial vessel of— (B) Empty and refill exchange, in which (1) ADMINISTRATOR.—The term ‘‘Adminis- (I)(aa) graywater, bilge water, cooling ballast water taken on in ports, estuarine trator’’ means the Administrator of the En- water, oil water separator effluent, anti-foul- waters, or territorial waters is pumped out vironmental Protection Agency. ing hull coating leachate, boiler or econo- until the pump loses suction, after which the

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.108 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6675 ballast tank is refilled with mid-ocean in the tank has the highest salinity possible, shore before the owner or operator may dis- water. and is at least 30 parts per thousand; and charge ballast water while operating in the (13) GENERAL PERMIT.—The term ‘‘General (B) may require more than one fill-mix- Saint Lawrence River or the Great Lakes, Permit’’ means the Final National Pollutant empty sequence, particularly if only small subject to any requirements the Secretary Discharge Elimination System Vessel Gen- amounts of water can be safely taken on- determines necessary with regard to such ex- eral Permit for Discharges Incidental to the board the commercial vessel at one time. change or any ballast water management Normal Operation of a Vessel noticed in the (28) SECRETARY.—Except as otherwise spec- system that is to be used in conjunction with Federal Register on April 12, 2013 (78 Fed. ified, the term ‘‘Secretary’’ means the Sec- such exchange, to ensure that any discharge Reg. 21938). retary of the department in which the Coast of ballast water complies with the require- (14) GREAT LAKES STATES.—The term Guard is operating. ‘‘Great Lakes States’’ means Illinois, Indi- ments under paragraph (1). SEC. 5003. TREATMENT OF EXISTING BALLAST (3) COMMERCIAL VESSELS OPERATING WITHIN ana, Michigan, Minnesota, New York, Ohio, WATER REGULATIONS. THE PACIFIC COAST REGION.— Pennsylvania, and Wisconsin. (a) EFFECT ON EXISTING REGULATIONS.— (A) IN GENERAL.—Except as provided in (15) INDIAN TRIBE.—The term ‘‘Indian Any regulation issued pursuant to the Non- subparagraph (C) and paragraph (6), the tribe’’ has the meaning given that term in indigenous Aquatic Nuisance Prevention and owner or operator of a commercial vessel de- section 4(e) of the Indian Self-Determination Control Act of 1990 (16 U.S.C. 4701 et seq.) and Education Assistance Act (25 U.S.C. that is in effect on the day before the date of scribed in subparagraph (B) shall conduct a 5304(e)). the enactment of this Act, and that relates complete ballast water exchange in waters (16) MAJOR CONVERSION.—The term ‘‘major to a matter subject to regulation under this more than 50 nautical miles from shore. conversion’’ has the meaning given that title, shall remain in full force and effect un- (B) COMMERCIAL VESSEL DESCRIBED.—A term in section 2101(14a) of title 46, United less or until superseded by a new regulation commercial vessel described in this subpara- States Code. issued under this title relating to such mat- graph is a commercial vessel— (17) MARINE POLLUTION CONTROL DEVICE.— ter. (i) operating between two ports or places of The term ‘‘marine pollution control device’’ (b) APPLICATION OF OTHER REGULATIONS.— destination within the Pacific Coast Region; means any equipment for installation or use (1) IN GENERAL.—The regulations issued or on board a commercial vessel that is— pursuant to the Nonindigenous Aquatic Nui- (ii) operating between a port or place of (A) designed to receive, retain, treat, con- sance Prevention and Control Act of 1990 (16 destination within the Pacific Coast Region trol, or discharge a discharge incidental to U.S.C. 4701 et seq.) relating to sanctions for and a port or place of destination on the Pa- the normal operation of a commercial vessel; violating a regulation under that Act shall cific Coast of Canada or Mexico north of 20 and apply to violations of a regulation issued degrees north latitude, inclusive of the Gulf (B) determined by the Secretary, in con- under this title. sultation with the Administrator, to be the of California. (2) PENALTIES.—The penalties for viola- most effective equipment or management (C) EXEMPTIONS.—Subparagraph (A) shall tions described in paragraph (1) shall in- practice to reduce the environmental impact not apply to the following: crease consistent with inflation. of the discharge consistent with the consid- (i) A commercial vessel voyaging between erations set forth in section 5008(a)(2). SEC. 5004. BALLAST WATER DISCHARGE RE- or to a port or place of destination in the QUIREMENTS. (18) MID-OCEAN WATER.—The term ‘‘mid- State of Washington, if the ballast water to ocean water’’ means water greater than 200 (a) IN GENERAL.— be discharged from such vessel originated nautical miles from any shore. (1) REQUIREMENTS.—Except as provided in solely from waters located between the par- (19) NAVIGABLE WATERS OF THE UNITED paragraph (7), and subject to sections 151.2035 allel 43 degrees, 32 minutes north latitude, STATES.—The term ‘‘navigable waters of the and 151.2036 of title 33, Code of Federal Regu- including the internal waters of the Colum- United States’’ has the meaning given that lations (as in effect on the date of the enact- bia River, and the internal waters of Canada term in section 2101(17a) of title 46, United ment of this Act), an owner or operator may south of parallel 50 degrees north latitude, States Code. discharge ballast water into navigable including the waters of the Strait of Georgia waters of the United States from a commer- (20) ORGANISM.—The term ‘‘organism’’ and the Strait of Juan de Fuca. cial vessel covered under subsection (b) only means any organism and includes pathogens, (ii) A commercial vessel voyaging between if— microbes, viruses, bacteria, and fungi. ports or places of destination in the States of (A) by applying the best available tech- (21) OWNER OR OPERATOR.—The term Washington and Oregon if the ballast water ‘‘owner or operator’’ means a person owning, nology economically achievable, the dis- to be discharged from such vessel originated operating, or chartering by demise a com- charge meets the ballast water discharge solely from waters located between the par- mercial vessel. standard; and allel 40 degrees north latitude and the par- (22) PACIFIC COAST REGION.—The term ‘‘Pa- (B) the owner or operator discharges the cific Coast Region’’ means Federal and State ballast water in accordance with other re- allel 50 degrees north latitude. waters adjacent to Alaska, Washington, Or- quirements established by the Secretary. (iii) A commercial vessel voyaging between egon, or California extending from shore and (2) COMMERCIAL VESSELS ENTERING THE ports or places of destination in the State of including the entire exclusive economic zone GREAT LAKES SYSTEM.—If a commercial ves- California within the San Francisco Bay (as defined in section 1001(8) of the Oil Pollu- sel enters the Great Lakes through the area east of the Golden Gate Bridge, includ- tion Act of 1990 (33 U.S.C. 2701(8)) adjacent to mouth of the Saint Lawrence River, the ing the Port of Stockton and the Port of each such State. owner or operator shall— Sacramento, if any ballast water to be dis- (23) POLLUTANT.—The term ‘‘pollutant’’ (A) comply with the applicable require- charged from such vessel originated solely has the meaning given that term in section ments of— from ports or places within such area. 502(6) of the Federal Water Pollution Control (i) paragraph (1); (iv) A commercial vessel voyaging between Act (33 U.S.C. 1362(6)). (ii) subpart C of part 151 of title 33, Code of the Port of Los Angeles, the Port of Long (24) PORT OR PLACE OF DESTINATION.—The Federal Regulations (or similar successor Beach, and the El Segundo offshore marine term ‘‘port or place of destination’’ means regulations); and oil terminal if any ballast water to be dis- any port or place to which a vessel is bound (iii) section 401.30 of such title (or similar charged from such vessel originated solely to anchor or moor. successor regulations); and from the Port of Los Angeles, the Port of (25) RECREATIONAL VESSEL.—The term ‘‘rec- (B) after operating— Long Beach, or the El Segundo offshore ma- reational vessel’’ has the meaning given that (i) outside the exclusive economic zone of rine oil terminal. term in section 2101(25) of title 46, United the United States or Canada, conduct a com- (v) A commercial vessel voyaging between States Code. plete ballast water exchange in an area that a port or place in the State of Alaska within (26) RENDER NONVIABLE.—The term ‘‘render is 200 nautical miles or more from any shore a single Captain of the Port Zone. nonviable’’ means, with respect to organisms before the owner or operator may discharge (4) EMPTY BALLAST TANKS.— in ballast water, the action of a ballast ballast water while operating in the Saint (A) REQUIREMENTS.—Except as provided in water management system that leaves such Lawrence River or the Great Lakes, subject subparagraph (B) and paragraph (6), the organisms permanently incapable of repro- to any requirements the Secretary deter- duction following treatment. mines necessary with regard to such ex- owner or operator of a commercial vessel with empty ballast tanks shall conduct a (27) SALTWATER FLUSH.—The term ‘‘salt- change or any ballast water management water flush’’— system that is to be used in conjunction with saltwater flush— (A) means— such exchange, to ensure that any discharge (i) at least 200 nautical miles from any (i) the addition of as much mid-ocean of ballast water complies with the require- shore for voyages originating outside the water into each empty ballast tank of a com- ments under paragraph (1); or United States or Canadian exclusive eco- mercial vessel as is safe for such vessel and (ii) exclusively within the territorial nomic zone; or crew and the mixing of the flushwater with waters or exclusive economic zone of the (ii) at least 50 nautical miles from any residual water and sediment through the mo- United States or Canada, conduct a complete shore for voyages within the Pacific Coast tion of such vessel; and ballast water exchange outside the St. Law- Region. (ii) the discharge of the mixed water, such rence River and the Great Lakes in an area (B) EXCEPTION.—The requirements of sub- that the resultant residual water remaining that is 50 nautical miles or more from any paragraph (A) shall not apply—

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.110 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6676 CONGRESSIONAL RECORD — SENATE October 19, 2017 (i) if a ballast tank’s unpumpable residual ment about the failure to comply and the ballast water discharge standard exceed the waters and sediments were subject to a salt- circumstances under which the failure oc- most probable economic costs, as described water flush, ballast water exchange, or treat- curred, made immediately after when prac- in subparagraph (F), resulting from such ment through a ballast water management ticable to do so.’’. compliance. system; or (9) LIMITATION OF REQUIREMENTS.—In estab- (C) TIMING OF DETERMINATIONS.— (ii) unless otherwise required under this lishing requirements under this subsection, (i) IN GENERAL.—Not later than one year title, if the ballast tank’s unpumpable resid- the Secretary may not require the installa- after the approval and determinations de- ual waters and sediments were sourced with- tion of a ballast water management system scribed in clauses (i), (ii), and (iii) of sub- in the same port or place of destination, or on a commercial vessel that— paragraph (B) are made, the Secretary, in Captain of the Port Zone. (A) carries all of its ballast water in sealed consultation with the Administrator, shall (5) LOW SALINITY BALLAST WATER.— tanks that— determine whether the benefits described in (A) IN GENERAL.—Except as provided in (i) are not subject to discharge; clause (iv) of such subparagraph exceed the subparagraph (B) and paragraph (6), owners (ii) have been certified by the Secretary; costs described in such clause (iv). or operators of commercial vessels that voy- and (ii) RECONSIDERATION.—If the benefits de- age to a Pacific Coast Region port or place of (iii) have been noted in the commercial scribed in subparagraph (B)(iv) do not exceed destination that has a measured salinity of vessel logbook; or the costs described in such subparagraph for less than 18 parts per thousand shall conduct (B) discharges ballast water solely into a a class of commercial vessels described in a complete ballast water exchange— reception facility described in subsection (d). subparagraph (A), the Secretary, in consulta- (i) more than 50 nautical miles from shore (b) APPLICABILITY.— tion with the Administrator, shall reconsider if the ballast water was sourced from a Pa- (1) COVERED VESSELS.—Except as provided the determination of the Secretary under cific Coast Region port or place of destina- in paragraphs (2) and (3), subsection (a) shall clause (i)— tion; or apply to any commercial vessel that is de- (I) if a petition is received from a Governor (ii) more than 200 nautical miles from signed, constructed, or adapted to carry bal- of a Great Lakes State that— shore if the ballast water was not sourced last water while such commercial vessel is (aa) includes new data or science not con- from a Pacific Coast Region port or place of operating in navigable waters of the United sidered during such determination; and destination. States. (bb) is submitted not less than one year (B) EXCEPTION.—The requirements of sub- (2) EXEMPTED VESSELS.—Subsection (a) paragraph (A) shall not apply to a commer- shall not apply to a commercial vessel— after such determination; or cial vessel that has a ballast water manage- (A) that continuously takes on and dis- (II) not later than five years after such de- ment system approved for treating fresh- charges ballast water in a flow-through sys- termination. water at concentrations prescribed in section tem, if such system does not introduce (D) COMPLIANCE DEADLINE.—A class of com- 5006(a)(1)(A) or that retains all of its ballast aquatic nuisance species into navigable mercial vessels for which the exemption water. waters of the United States, as determined under subparagraph (A) has been terminated (6) EXEMPTED VESSELS.—The requirements by the Secretary; under subparagraph (B) shall comply with of paragraphs (3), (4), and (5) shall not apply (B) in the National Defense Reserve Fleet the ballast water discharge standard after to a commercial vessel if— that is scheduled for disposal, if the vessel completion of the first scheduled dry dock- (A) complying with such requirements does not have ballast water management ing of each such vessel that commences on or would compromise the safety of the commer- systems or the ballast water management after the date that is three years after the cial vessel; systems of the vessel are inoperable; date that the Secretary informs the owner or (B) design limitations of the commercial (C) that discharges ballast water con- operator of such vessel of such termination. vessel prevent ballast water exchange or sisting solely of water taken aboard from a (E) MOST PROBABLE ENVIRONMENTAL BENE- saltwater flush from being conducted; public or commercial source that, at the FITS DESCRIBED.—The most probable environ- (C) the commercial vessel uses a method of time the water is taken aboard, meets the mental benefits resulting from a require- ballast water management approved by the applicable regulations or permit require- ment that a class of commercial vessels de- Coast Guard under section 5005 of this title ments for such source under the Safe Drink- scribed in subparagraph (A) comply with the or subpart 162.060 of title 46, Code of Federal ing Water Act (42 U.S.C. 300f et seq.); ballast water discharge standard are the net Regulations (or similar successor regula- (D) in an alternative compliance program environmental benefits, as determined by tion); established pursuant to subsection (c); the Administrator— (D) the commercial vessel is certified by (E) that carries all of its permanent ballast (i) gained from the most probable reduc- the Secretary as having no residual ballast water in sealed tanks that are not subject to tion in risk of establishment of aquatic nui- water or sediments on board or retains all its discharge; or sance species in navigable waters of the ballast water while in waters subject to such (F) uses other liquid or material as ballast United States within the Great Lakes and requirements; or and does not discharge ballast overboard. Saint Lawrence River resulting from compli- (E) empty ballast tanks on the commercial (3) EXEMPTION FOR GREAT LAKES AND SAINT ance with subsection (a) by such class of ves- vessel are sealed and certified by the Sec- LAWRENCE RIVER.— sels; and retary so there is no discharge or uptake and (A) IN GENERAL.—Subject to subparagraphs (ii) as reduced by the extent to which such subsequent discharge of ballast waters sub- (B) through (F), subsection (a) shall not environmental benefits most probably would ject to such requirements. apply to a commercial vessel that operates not be achieved as a result of the most prob- (7) SAFETY EXEMPTION.—Notwithstanding exclusively within the Great Lakes and able risks of such establishment from other paragraphs (1) through (6), an owner or oper- Saint Lawrence River and is not required to vectors. ator of a commercial vessel may discharge comply with the ballast water discharge (F) MOST PROBABLE ECONOMIC COSTS DE- ballast water into navigable waters of the standard on the day before the date of the SCRIBED.—The most probable economic costs United States from a commercial vessel if— enactment of this Act. resulting from a requirement that a class of (A) the ballast water is discharged solely (B) TERMINATION OF EXEMPTION.—The Sec- commercial vessels described in subpara- to ensure the safety of life at sea; retary shall terminate the exemption for a graph (A) comply with the ballast water dis- (B) the ballast water is discharged acciden- class of commercial vessels described in sub- charge standard are the net costs and fore- tally as the result of damage to the commer- paragraph (A) if the Secretary— gone revenues resulting from such compli- cial vessel or its equipment and— (i) based on testing using water from the ance that most probably will be incurred, as (i) all reasonable precautions to prevent or Great Lakes, approves a ballast water man- determined by the Secretary, by the— minimize the discharge have been taken; and agement system for such class of vessels (i) owners and operators of such class of (ii) the owner or operator did not willfully under section 5005 of this title or subpart vessels, including the costs of installation or recklessly cause such damage; or 162.060 of title 46, Code of Federal Regula- and maintenance of ballast water manage- (C) the ballast water is discharged solely tions (or similar successor regulation); ment systems not passed on to customers for the purpose of avoiding or minimizing a (ii) determines that such ballast water and reductions in business activity due to discharge from the commercial vessel of a management system meets the practica- lifetime reduction in cargo capacity and cus- pollutant that would violate a Federal or bility criteria described in section 5006(b)(2) tomer demand for cargo transportation serv- State law. with respect to such class of vessels com- ices; (8) LOGBOOK REQUIREMENTS.—Section plying with the ballast water discharge (ii) customers of such class of vessels, in- 11301(b) of title 46, United States Code, is standard; cluding reductions in business activity, amended by adding at the end the following (iii) determines that requiring such class of shifts to other transportation modes, and new paragraph: vessels to comply with the ballast water dis- loss of competitiveness as a result of the ‘‘(13) when the commercial vessel does not charge standard is operationally practicable costs described in clause (i) passed on to such carry out ballast water management require- for such class of vessels; and customers; and ments as applicable and pursuant to regula- (iv) in consultation with the Adminis- (iii) employees of such owners, operators, tions promulgated and issued by the Sec- trator, determines that the most probable and customers, including reductions or fore- retary, including when a vessel fails to carry environmental benefits, as described in sub- gone increases in jobs, wages, and benefits out ballast water management requirements paragraph (E), resulting from a requirement resulting from costs described in clauses (i) due to an allowed safety exemption, a state- that such class of vessels comply with the and (ii).

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(c) ALTERNATIVE COMPLIANCE PROGRAM.— scribing type approval testing methods and (III) 33 colony-forming units of intestinal The Secretary, in consultation with the Ad- protocols for ballast water management sys- enterococci per 100 milliliters; and ministrator and the Governors of the States, tems that may be used in addition to the (iv) concentrations of such additional indi- may issue a rule establishing one or more methods established in subpart 162.060 of cator microbes and of viruses as may be compliance programs that may be used by an title 46, Code of Federal Regulations (or specified in regulations issued by the Sec- owner or operator as an alternative to com- similar successor regulation)— retary, in consultation with the Adminis- pliance with the requirements of subsection (A) to measure the concentration of orga- trator and such other Federal agencies as (a) for a commercial vessel that— nisms in ballast water that are capable of re- the Secretary and the Administrator con- (1) has a maximum ballast water capacity production; sider appropriate. of less than eight cubic meters; or (B) to certify the performance of each bal- (B) ALTERNATIVE REVISED STANDARD.—If (2) is less than 3 years from the end of the last water management system under this the Administrator finds— service life of the commercial vessel, as de- section; and (i) that the ballast water discharge stand- termined by the Secretary. (C) to certify laboratories to evaluate such ard cannot be revised to reflect the level of ECEPTION FACILITIES.— (d) R treatment technologies. stringency set forth in subparagraph (A), the (1) IN GENERAL.—Notwithstanding the re- (2) PUBLIC COMMENT.—The Secretary shall Administrator shall determine whether the quirements under subsection (a), an owner or provide for a period of not more than 60 days application of the best available technology operator may discharge ballast water into an for the public to comment on the draft pol- economically achievable would result in a onshore or offshore facility for the reception icy letter published under paragraph (1). reduction of the risk of introduction or es- of ballast water that meets the standards es- (3) FINAL POLICY.— tablishment of aquatic nuisance species such tablished by the Administrator, in consulta- (A) IN GENERAL.—Not later than 150 days that the ballast water discharge standard tion with the Secretary, under paragraph (2). after the date of the enactment of this Act, can be revised be more stringent than the (2) ISSUANCE OF STANDARDS.—Not later the Secretary, in coordination with the Ad- standard set forth in section 151.2030 or than one year after the date of the enact- ministrator, shall publish a final policy let- 151.1511 of title 33, Code of Federal Regula- ment of this Act, the Administrator, in con- ter describing type approval testing methods tions, as in effect on the date of the enact- sultation with the Secretary, shall publish a for ballast water management systems capa- ment of this Act; or rule in the Federal Register that establishes ble of measuring the concentration of orga- (ii) that the best available technology eco- reasonable and practicable standards for re- nisms in ballast water that are capable of re- nomically achievable is more stringent than ception facilities to receive vessel ballast production based on the best available the standard under subparagraph (A) with re- water to mitigate adverse effects of aquatic science that may be used in addition to the spect to a class of vessels, the Administrator nuisance species on navigable waters of the methods established in subpart 162.060 of shall determine whether the ballast water United States. title 46, Code of Federal Regulations (or discharge standard can be revised for that (3) TRANSFER STANDARDS.—The Secretary, similar successor regulation). class of vessels to incorporate such more in coordination with the Administrator, may (B) REVISIONS.—The Secretary shall revise stringent standard. promulgate standards for the arrangements the final policy letter published under sub- (2) TEN-YEAR REVIEWS.—Not later than Jan- necessary on a vessel to transfer ballast paragraph (A) as additional testing methods uary 1, 2034, not less frequently than every 10 water to a facility. are determined by the Secretary, in coordi- years thereafter, and subject to petitions for SEC. 5005. APPROVAL OF BALLAST WATER MAN- nation with the Administrator, to be capable review under paragraph (3), the Adminis- AGEMENT SYSTEMS. of measuring the concentration of organisms trator shall conduct an effectiveness review (a) BALLAST WATER MANAGEMENT SYSTEMS in ballast water that are capable of reproduc- to determine whether the application of the THAT RENDER ORGANISMS NONVIABLE.—Not- tion. withstanding chapter 5 of title 5, United best available technology economically (C) CONSIDERATIONS.—In developing a pol- States Code, part 151 of title 33, Code of Fed- achievable results in a reduction in the risk icy letter under this paragraph, the Sec- of the introduction or establishment of eral Regulations (or similar successor regu- retary, in coordination with the Adminis- lation), and part 162 of title 46, Code of Fed- aquatic nuisance species such that the bal- trator— last water discharge standard can be revised. eral Regulations (or similar successor regu- (i) shall consider a testing method that lation), a ballast water management system (3) STATE PETITIONS FOR REVIEW.— uses organism grow out and most probable that renders nonviable organisms in ballast (A) IN GENERAL.—The Governor of a State number statistical analysis to determine the water at the concentrations prescribed in the may submit a petition requesting the Ad- concentration of organisms in ballast water ballast water discharge standard shall be ap- ministrator to conduct a review under para- that are capable of reproduction; and proved by the Secretary, if— graph (1) or (2) if there is new information (ii) shall not consider a testing method (1) such system— that could reasonably indicate the ballast that relies on a staining method that meas- (A) undergoes type approval testing at an water discharge standard could be made ures the concentration of organisms greater independent laboratory designated by the more stringent to reduce the risk of the in- than or equal to 10 micrometers and orga- Secretary under such regulations; and troduction or establishment of aquatic nui- nisms less than or equal to 50 micrometers. (B) meets the requirements of subpart sance species. 162.060 of title 46, Code of Federal Regula- SEC. 5006. REVIEW AND RAISING OF BALLAST (B) TIMING.—A Governor may not submit a tions (or similar successor regulation), other WATER DISCHARGE STANDARD. petition under subparagraph (A) during the than the requirements related to staining (a) EFFECTIVENESS REVIEWS.— 1-year period following the date of comple- methods or measuring the concentration of (1) SIX-YEAR REVIEW.— tion of a review under paragraph (1) or (2). living organisms; and (A) IN GENERAL.—Not later than January 1, (C) REQUIRED INFORMATION.—A petition (2) such laboratory uses a testing method 2024, and subject to petitions for review submitted to the Administrator under sub- described in a final policy letter published under paragraph (3), the Administrator, in paragraph (A) shall include— under subsection (c)(3). consultation with the Secretary, shall com- (i) a proposed ballast water discharge (b) PROHIBITION ON BIOCIDES.—The Sec- plete an effectiveness review to determine standard that would result in a reduction in retary shall not approve a ballast water whether, based on the application of the best the risk of the introduction or establishment management system under subsection (a) or available technology economically achiev- of aquatic nuisance species; subpart 162.060 of title 46, Code of Federal able, the ballast water discharge standard (ii) information regarding any ballast Regulations (or similar successor regula- can be revised such that ballast water dis- water management systems that may tions), if such system— charged in the normal operation of a vessel achieve the proposed ballast water discharge (1) uses a biocide or generates a biocide contains— standard; that is a pesticide, as defined in section 2 of (i) less than 1 organism that is living or (iii) the scientific and technical informa- the Federal Insecticide, Fungicide, and has not been rendered nonviable per 10 cubic tion on which the petition is based, including Rodenticide Act (7 U.S.C. 136), unless the meters that is 50 or more micrometers in a description of the risk reduction that biocide is registered under that Act or the minimum dimension; would result from the proposed ballast water Administrator has approved the use of the (ii) less than 1 organism that is living or discharge standard included under clause (i); biocide in such ballast water management has not been rendered nonviable per 10 milli- and system; or liters that is less than 50 micrometers in (iv) any additional information the Admin- (2) uses or generates a biocide the dis- minimum dimension and more than 10 mi- istrator considers appropriate. charge of which causes or contributes to a crometers in minimum dimension; (D) PUBLIC AVAILABILITY.—Upon receiving violation of a water quality standard under (iii) concentrations of indicator microbes a petition under subparagraph (A), the Ad- section 303 of the Federal Water Pollution that are less than— ministrator shall make publicly available a Control Act (33 U.S.C. 1313). (I) 1 colony-forming unit of toxicogenic copy of the petition, including the informa- (c) APPROVAL TESTING METHODS.— Vibrio cholera (serotypes O1 and O139) per tion included under subparagraph (C). (1) DRAFT POLICY.—Not later than 60 days 100 milliliters or less than 1 colony-forming (E) TREATMENT OF MORE THAN ONE PETITION after the date of the enactment of this Act, unit of that microbe per gram of wet weight AS A SINGLE PETITION.—The Administrator the Secretary, in coordination with the Ad- of zoological samples; may treat more than one petition submitted ministrator, shall publish a draft policy let- (II) 126 colony-forming units of escherichia under subparagraph (A) as a single such peti- ter, based on the best available science, de- coli per 100 milliliters; and tion.

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(F) AUTHORITY TO REVIEW.—After receiving basis of the practicability review under sub- sion of a compliance deadline submitted by a petition that meets the requirements of section (b) that— an owner or operator under this subsection. this paragraph, the Administrator, in con- (A) a ballast water management system (B) DEADLINE.—The Secretary shall— sultation with the Secretary, may conduct a that is capable of achieving the ballast water (i) acknowledge receipt of an application review under paragraph (1) or (2) or such discharge standard as proposed to be revised for an extension submitted under paragraph other review as the Administrator, in con- is the best available technology, economi- (4) not later than 30 days after the date of re- sultation with the Secretary, determines ap- cally achievable, and operationally prac- ceipt of the application; and propriate. ticable; and (ii) to the extent practicable, approve or (4) AGENCY ACTION.—In any review under (B) testing protocols can be practicably deny such an application not later than 90 this subsection in which the Administrator implemented that can assure accurate meas- days after the date of receipt of the applica- determines— urement of compliance with the ballast tion. (A) that the ballast water discharge stand- water discharge standard as proposed to be (C) FAILURE TO REVIEW.—If the Secretary ard can be made more stringent, the Admin- revised. does not approve or deny an application de- istrator shall— (2) STANDARD NOT REVISED.—If the Sec- scribed in subparagraph (A) on or before the (i) promptly publish such determination in retary, in consultation with the Adminis- last day of the 90-day period beginning on the Federal Register and on a publically trator, determines that the requirements of the date of submission of the petition, the available website; and paragraph (1) have not been satisfied, the petition shall be conditionally approved. (ii) inform the Secretary of such deter- Secretary shall publish a description of how (7) PERIOD OF EXTENSIONS.—An extension mination; or such determination was made. granted to an owner or operator under para- (B) that the ballast water discharge stand- (3) REQUIREMENT.—Any modified ballast graph (3)— ard cannot be made more stringent, the Ad- water discharge standard issued in the rule (A) may be granted for an initial period of ministrator shall— under paragraph (1) shall be more stringent not more than 18 months; (i) promptly publish such determination, than the ballast water discharge standard it (B) may be renewed for additional periods together with a detailed, written justifica- replaces. of not more than 18 months each; and (C) may not be in effect for a total of more tion, in the Federal Register and on a pub- (d) REVISED BALLAST WATER DISCHARGE than 5 years. lically available website; and STANDARD EFFECTIVE DATE AND COMPLIANCE (8) PERIOD OF USE OF INSTALLED BALLAST (ii) provide a copy of the documents re- DEADLINE.— WATER MANAGEMENT SYSTEM.— quired under clause (i) to any State that has (1) IN GENERAL.—If the Secretary issues a petitioned the Administrator for the review. (A) IN GENERAL.—Subject to subparagraph rule to revise the ballast water discharge (B), an owner or operator shall be considered (b) PRACTICABILITY REVIEW.— standard under subsection (c), the Secretary to be in compliance with the ballast water (1) IN GENERAL.—If the Administrator de- shall include in such rule— discharge standard if— termines under subsection (a) that the bal- (A) an effective date for the revised ballast (i) the ballast water management system last water discharge standard can be made discharge standard that is 3 years after the installed on the commercial vessel complies more stringent, the Secretary, in consulta- date on which such rule is published in the with the ballast water discharge standard in tion with the Administrator, shall conduct a Federal Register; and effect at the time of installation, notwith- practicability review, considering the find- (B) for the owner or operator of a commer- standing any revisions to the ballast water ings under such subsection, to determine cial vessel that is constructed or completes a discharge standard occurring after the in- whether— major conversion on or after the date that is stallation; (A) a ballast water management system 3 years after the date on which such rule is (ii) the ballast water management system that is capable of achieving the ballast water published in the Federal Register, a deadline is maintained in proper working condition, discharge standard as proposed to be revised to comply with the revised ballast water dis- as determined by the Secretary; is operationally practicable; and charge standard that is the first day on (iii) the ballast water management system (B) testing protocols can be practicably which such commercial vessel operates in is maintained and used in accordance with implemented that can assure accurate meas- navigable waters of the United States. the manufacturer’s specifications; and urement of compliance with the ballast (2) VESSEL SPECIFIC COMPLIANCE DEAD- (iv) the ballast water management system water discharge standard as proposed to be LINES.—The Secretary may establish a dead- continues to meet the ballast water dis- revised. line for compliance by a commercial vessel charge standard applicable to the commer- (2) CRITERIA FOR PRACTICABILITY REVIEW.— (or a class, type, or size of commercial ves- cial vessel at the time of installation, as de- In conducting a practicability review under sel) with a revised ballast water discharge termined by the Secretary. paragraph (1), the Secretary and the Admin- standard that is different than the general (B) LIMITATION.—Subparagraph (A) shall istrator shall consider— deadline established under paragraph (1). cease to apply with respect to a commercial (A) improvements in ballast water manage- (3) EXTENSIONS.—The Secretary shall es- vessel after— ment systems, including— tablish a process for an owner or operator to (i) the expiration of the service life of the (i) the effectiveness and reliability of such submit an application to the Secretary for ballast water management system of the systems in the shipboard environment; an extension of a compliance deadline estab- commercial vessel, as determined by the (ii) the compatibility of such systems with lished under paragraphs (1) and (2). Secretary; the design and operation of a commercial (4) APPLICATION FOR EXTENSION.—An owner (ii) the expiration of the service life of the vessel by class, type, and size; or operator shall submit an application for commercial vessel, as determined by the (iii) the commercial availability of such an extension under paragraph (3) not less Secretary; or systems; and than 90 days prior to the applicable compli- (iii) the completion of a major conversion (iv) the safety of such systems; ance deadline established under paragraph of the commercial vessel. (B) improvements in the capabilities to de- (1) or (2). SEC. 5007. NATIONAL BALLAST INFORMATION tect, quantify, and assess whether aquatic (5) FACTORS.—In reviewing an application CLEARINGHOUSE. nuisance species are capable of reproduction under this subsection, the Secretary shall Subsection (f) of section 1102 of the Non- in order to determine compliance with the consider, with respect to the ability of an indigenous Aquatic Nuisance Prevention and ballast water discharge standard as proposed owner or operator to meet a compliance Control Act of 1990 (16 U.S.C. 4712(f)) is to be revised; deadline— amended to read as follows: (C) the costs, cost-effectiveness, and effects (A) whether the ballast water management ‘‘(f) NATIONAL BALLAST INFORMATION of— system to be installed, if applicable, is avail- CLEARINGHOUSE.— (i) a revised ballast water discharge stand- able in sufficient quantities to meet the ‘‘(1) IN GENERAL.—The Secretary shall de- ard; and compliance deadline; velop and maintain, in consultation and co- (ii) maintaining the existing ballast water (B) whether there is sufficient shipyard or operation with the Task Force and the discharge standard; and other installation facility capacity; Smithsonian Institution (acting through the (D) other criteria that the Secretary and (C) whether there is sufficient availability Smithsonian Environmental Research Cen- the Administrator consider appropriate. of engineering and design resources; ter), a National Ballast Information Clear- (3) INFORMATION FROM STATES.—In con- (D) commercial vessel characteristics, such inghouse of national data concerning— ducting a practicability review under para- as engine room size, layout, or a lack of in- ‘‘(A) ballasting practices; graph (1), the Secretary shall solicit infor- stalled piping; ‘‘(B) compliance with the guidelines issued mation from the States concerning matters (E) electric power generating capacity pursuant to section 1101(c); and the Secretary and the Administrator are re- aboard the commercial vessel; ‘‘(C) any other information obtained by the quired to consider under paragraph (2). (F) the safety of the commercial vessel and Task Force pursuant to subsection (b). (c) ISSUANCE OF REVISED BALLAST WATER crew; and ‘‘(2) BALLAST WATER REPORTING REQUIRE- DISCHARGE STANDARD.— (G) any other factor that the Secretary de- MENTS.— (1) IN GENERAL.—The Secretary shall issue termines appropriate. ‘‘(A) IN GENERAL.—The owner or operator a rule to revise the ballast water discharge (6) CONSIDERATION OF PETITIONS.— of a commercial vessel subject to this Act standard if the Secretary, in consultation (A) DETERMINATIONS.—The Secretary shall shall submit the current ballast water man- with the Administrator, determines on the approve or deny an application for an exten- agement report form approved by the Office

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REQUIREMENTS FOR DISCHARGES IN- (1) review the practices and standards es- or subsequent form) to the National Ballast CIDENTAL TO THE NORMAL OPER- tablished under subsection (a) not less fre- Information Clearinghouse not later than 6 ATION OF A COMMERCIAL VESSEL. quently than once every ten years; and (a) MANAGEMENT OF INCIDENTAL DISCHARGE hours after the arrival of such vessel at a (2) revise such practices consistent with FOR COMMERCIAL VESSELS.— United States port or place, unless such ves- the elements described in paragraph (2) of (1) IN GENERAL.—Not later than two years sel is operating exclusively on a voyage be- such subsection. after the date of the enactment of this Act, (e) STATE PETITION FOR REVISION OF BEST tween ports or places within a single Captain the Secretary, in concurrence with the Ad- MANAGEMENT PRACTICES.— of the Port Zone (as established by the Sec- ministrator and in consultation with the (1) IN GENERAL.—The Governor of a State retary pursuant to sections 92, 93, and 633 of States, shall publish a final rule in the Fed- may submit a petition to the Secretary re- title 14, United States Code). eral Register that establishes best manage- questing that the Secretary, in concurrence ‘‘(B) MULTIPLE DISCHARGES WITHIN A SINGLE ment practices for discharges incidental to with the Administrator, revise a best man- PORT.—The owner or operator of a commer- the normal operation of a commercial vessel agement practice established under sub- cial vessel subject to this Act may submit a for commercial vessels that— section (a) if there is new information that single report under subparagraph (A) for (A) are greater than or equal to 79 feet in could reasonably indicate that— multiple ballast water discharges within a length; (A) revising the best management practice single port during the same voyage. (B) are not fishing vessels, including fish would— ‘‘(C) ADVANCED REPORT TO STATES.—A processing vessels and fish tender vessels (as (i) mitigate the adverse impacts on the ma- State may require the owner or operator of such terms are defined in section 2101 of title rine environment from discharges incidental a commercial vessel subject to this Act to 46, United States Code); and to the normal operation of a commercial ves- submit directly to the State a ballast water (C) are not subject to the best management sel or from aquatic invasive species; and management report form— practices required under section 5009. (ii) reduce the adverse effects on navigable ‘‘(i) not later than 24 hours prior to arrival (2) ELEMENTS.—The best management prac- waters of the United States of discharges in- at a United States’ port or place of destina- tices established under paragraph (1) shall— cidental to the normal operation of a com- tion if the voyage of such vessel is antici- (A) mitigate the adverse impacts on the mercial vessel; and pated to exceed 24 hours; or marine environment from discharges inci- (B) the revised best management practice dental to the normal operation of a commer- ‘‘(ii) before departing the port or place of would be economically achievable and oper- cial vessel and aquatic invasive species; departure if the voyage of such vessel is not ationally practicable. (B) use marine pollution control devices anticipated to exceed 24 hours. (2) REQUIRED INFORMATION.—A petition sub- when appropriate; mitted to the Secretary under paragraph (1) ‘‘(3) COMMERCIAL VESSEL REPORTING DATA.— (C) be economically achievable and oper- shall include— ‘‘(A) DISSEMINATION TO STATES.—Upon re- ationally practicable; and (A) the scientific and technical informa- ceiving submission of a ballast water man- (D) not compromise the safety of a com- tion on which the petition is based; and agement report required under paragraph (2), mercial vessel. (B) any additional information the Sec- the National Ballast Information Clearing- (3) IMPLEMENTATION.—The Secretary shall retary and Administrator consider appro- house shall— implement the best management practices priate. ‘‘(i) in the case of forms submitted elec- established by final rule under paragraph (1) (3) PUBLIC AVAILABILITY.—Upon receiving a tronically, immediately disseminate the re- not later than 60 days after the date on petition under paragraph (1), the Secretary port to interested States; or which the final rule is published in the Fed- shall make publicly available a copy of the ‘‘(ii) in the case of forms submitted by eral Register as required under such para- petition, including the information included means other than electronically, dissemi- graph. under paragraph (2). nate the report to interested States as soon (b) TRANSITION.— (4) TREATMENT OF MORE THAN ONE PETITION as practicable. (1) IN GENERAL.—Except as provided in sec- AS A SINGLE PETITION.—The Secretary may ‘‘(B) AVAILABILITY TO THE PUBLIC.—Not tion 5009(c) and notwithstanding the expira- treat more than one petition submitted later than 30 days after the date of the re- tion date for the General Permit, any prac- under paragraph (1) as a single petition. ceipt of a ballast water management report tice, limitation, or concentration applicable (5) REVISION OF BEST MANAGEMENT PRAC- required under paragraph (2), the National to any discharge incidental to the normal TICES.—If, after reviewing a petition sub- Ballast Information Clearinghouse shall operation of a commercial vessel that is re- mitted by a Governor under paragraph (1), make the data in such report fully and read- quired by the General Permit on the date of the Secretary, in concurrence with the Ad- ily available to the public in searchable and the enactment of this Act, and any reporting ministrator, determines that revising a best fully retrievable electronic formats. requirement required by the General Permit management practice would mitigate the ad- on such date of enactment, shall remain in ‘‘(4) REPORT.—In consultation and coopera- verse impacts on the marine environment effect until the implementation date under tion with the Task Force and the Smithso- from discharges incidental to the normal op- subsection (a)(3). nian Institution (acting through the Smith- eration of a commercial vessel or from (2) PART 6 CONDITIONS.—Except as provided sonian Environmental Research Center), the aquatic invasive species, the Secretary, in in section 5009(c) and notwithstanding para- concurrence with the Administrator and in Secretary shall prepare and submit to the graph (1) and any other provision of law, the Task Force and the appropriate committees consultation with the States, shall revise terms and conditions of Part 6 of the General such practices consistent with the elements of Congress and make available to the pub- Permit (relating to specific requirements for described in subsection (a)(2). lic, on a biennial basis not later than 180 individual States or Indian country lands) (f) REPEAL OF NO PERMIT REQUIREMENT.— days from the end of each odd numbered cal- shall expire on the implementation date Public Law 110–299 (33 U.S.C. 1342 note) is endar year, a report that synthesizes and under subsection (a)(3). amended by striking section 2. analyzes the data referred to in paragraph (1) (c) APPLICATION TO CERTAIN VESSELS.— SEC. 5009. BEST MANAGEMENT PRACTICES FOR for the previous two years to evaluate na- (1) APPLICATION OF FEDERAL WATER POLLU- GREAT LAKES VESSELS. tionwide status and trends relating to— TION CONTROL ACT.—No permit shall be re- (a) IN GENERAL.—Not later than two years ‘‘(A) ballast water delivery and manage- quired under section 402 of the Federal Water after the date of enactment of this Act, the ment; and Pollution Control Act (33 U.S.C. 1342) or pro- Secretary, in coordination with the Adminis- ‘‘(B) invasions of aquatic nuisance species hibition enforced under any other provision trator, shall publish a final rule in the Fed- resulting from ballast water. of law for, nor shall any best management eral Register that establishes best manage- ‘‘(5) WORKING GROUP.—Not later than one practice regarding a discharge incidental to ment practices for— year after the date of the enactment of the the normal operation of a commercial vessel (1) ballast water for commercial vessels op- Vessel Incidental Discharge Act, the Sec- under this title apply to, a discharge inci- erating in navigable waters of the United retary shall establish a working group that dental to the normal operation of a commer- States within the Great Lakes and Saint includes members from the National Ballast cial vessel if the commercial vessel— Lawrence River; and Information Clearinghouse and States with (A) is less than 79 feet in length; or (2) discharges incidental to the normal op- ballast water management programs to es- (B) is a fishing vessel, including a fish eration of a commercial vessel in navigable processing vessel or fish tender vessel (as waters of the United States for commercial tablish a process for compiling and readily such terms are defined in section 2101 of title vessels operating exclusively in the Great sharing Federal and State commercial vessel 46, United States Code). Lakes and Saint Lawrence River that— reporting and enforcement data regarding (2) APPLICATION OF GENERAL PERMIT.—The (A) are greater than or equal to 79 feet in compliance with this Act. terms and conditions of the General Permit length; and ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS shall cease to apply to vessels described in (B) are not fishing vessels, including fish DEFINED.—In this subsection, the term ‘ap- subparagraphs (A), (B), and (C) of paragraph processing vessels and fish tender vessels (as propriate committees of Congress’ means the (1) on and after the date of the enactment of such terms are defined in section 2101 of title Committee on Commerce, Science, and this Act. 46, United States Code). Transportation of the Senate and the Com- (d) REVIEW AND REVISION.—The Secretary, (b) ELEMENTS.—The Secretary, in coordina- mittee on Transportation and Infrastructure in concurrence with the Administrator and tion with the Administrator and the owners of the House of Representatives.’’. in consultation with the States, shall— or operators of commercial vessels described

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.110 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6680 CONGRESSIONAL RECORD — SENATE October 19, 2017 in subsection (a), shall ensure that the best commercial vessels that would be subject to a fee to cover the costs of program adminis- management practices established under best management practices pursuant to tration, inspection, and enforcement activi- subsection (a)— paragraph (1) before making a determination ties by the State. (1) minimize the risk of establishment of under subparagraph (A). (2) MAXIMUM FEE.—Except as provided in aquatic nuisance species from discharges (3) TREATMENT OF PETITION.—The Secretary paragraph (3), a State may assess a fee under into or upon navigable waters of the United may treat more than one petition submitted this subsection of not more than $1,000 per States from such commercial vessels; under paragraph (1) as a single petition. qualifying voyage to the owner or operator (2) minimize the discharge of pollutants (4) PUBLIC AVAILABILITY.—The Secretary of a commercial vessel arriving at a port or into or upon navigable waters of the United shall make publicly available a petition and place of destination in the State. States from such commercial vessels; any supporting documentation submitted (3) COMMERCIAL VESSELS ENGAGED IN COAST- (3) use the best available technology when under paragraph (1) for not less than 60 days WISE TRADE.—A State may not assess more appropriate; prior to approving or disapproving such peti- than $5,000 in fees per vessel each year to the (4) are economically achievable and oper- tion. owner or operator of a commercial vessel ationally practicable; (g) IMPLEMENTATION.— registered under the laws of the United (5) minimize disruption of commerce; (1) IN GENERAL.—The Secretary shall im- States and lawfully engaged in the coastwise (6) do not compromise the safety of a com- plement the best management practices es- trade. mercial vessel; and tablished by final rule under subsection (a) (4) ADJUSTMENT FOR INFLATION.—A State (7) to the extent possible, apply consist- not later than 60 days after the date on may adjust a fee authorized by this sub- ently to all navigable waters of the United which the final rule is published in the Fed- section every 5 years to reflect the percent- States within the Great Lakes and Saint eral Register as required by such subsection. age by which the Consumer Price Index for Lawrence River. (2) IMPLEMENTATION OF PRACTICES BY STATE all urban consumers published by the De- (c) TRANSITION.— PETITION.—Not later than 90 days after mak- partment of Labor for the month of October (1) IN GENERAL.—Except as provided in ing a determination under subsection (f)(2), immediately preceding the date of adjust- paragraph (2), notwithstanding the expira- the Secretary shall, by rule published in the ment exceeds the Consumer Price Index for tion date for the General Permit and to the Federal Register, require commercial vessels all urban consumers published by the De- extent to which they do not conflict with that would be subject to the best manage- partment of Labor for the month of October section 5004(b), the following best manage- ment practices described in such subsection that immediately precedes the date that is 5 ment practices applicable to commercial ves- to implement such practices. years before the date of adjustment. sels described in subsection (a) shall remain (h) PUBLIC AVAILABILITY.—The Secretary (5) QUALIFYING VOYAGE.—In this sub- in effect until the date on which the best shall make publicly available any deter- section, the term ‘‘qualifying voyage’’ means management practices described in such sub- mination made under this section. a vessel arrival at a port or place of destina- section are implemented under subsection SEC. 5010. JUDICIAL REVIEW. tion in a State by a commercial vessel that (g): (a) IN GENERAL.—A person may file a peti- has operated outside of that State and ex- (A) Best management practices required by tion for review of a final rule or a final agen- cludes movement entirely within a single Part 2 of the General Permit. cy action issued under this title in the port or place of destination. (B) Such other practices as required by the United States Court of Appeals for the Dis- (c) EFFECT ON STATE AUTHORITY.—Except Secretary. trict of Columbia Circuit. as provided in subsection (a) and as nec- (2) EXCEPTION.—Notwithstanding the expi- (b) DEADLINE.— essary to implement an agreement entered ration date for the General Permit and to (1) IN GENERAL.—A petition shall be filed into under such subsection, no State or po- the extent to which they do not conflict with under this section not later than 120 days litical subdivision thereof may adopt or en- section 5004(b), the best management prac- after the date on which the final rule to be force any statute, regulation, or other re- tices described by the sections in Part 6 of reviewed is published in the Federal Register quirement of the State or political subdivi- the General Permit applicable to the Great or the final agency action is issued, as the sion with respect to— Lakes States that are applicable to commer- case may be. (1) a discharge into navigable waters of the cial vessels described in subsection (a) shall (2) EXCEPTION.—Notwithstanding para- United States from a commercial vessel of expire on the date on which the best manage- graph (1), a petition that is based solely on ballast water; or ment practices described in subsection (a) grounds that arise after the deadline to file (2) a discharge into navigable waters of the are implemented under subsection (g). a petition under paragraph (1) has passed United States incidental to the normal oper- (d) OUTREACH.—The Secretary shall solicit may be filed not later than 120 days after the ation of a commercial vessel. recommendations and information from the date on which such grounds first arise. (d) PRESERVATION OF AUTHORITY.—Nothing Great Lakes States, Indian Tribes, owners SEC. 5011. STATE ENFORCEMENT. in this title may be construed as affecting and operators of vessels described in sub- the authority of a State or political subdivi- section (a), and other persons that the Sec- (a) STATE AUTHORITIES.— (1) IN GENERAL.—Not later than 60 days sion thereof to adopt or enforce any statute, retary considers appropriate in developing regulation, or other requirement with re- best management practices under subsection after the date of the enactment of this Act, the Secretary, in coordination with the Gov- spect to any water or other substance dis- (a). charged or emitted from a vessel in prepara- (e) REVIEW AND REVISION OF BEST PRAC- ernors of the States, shall develop and pub- tion for transport of the vessel by land from TICES.—Not less frequently than once every 5 lish Federal and State inspection, data man- years, the Secretary, in coordination with agement, and enforcement procedures for the one body of water to another body of water. the Administrator, shall review the best enforcement of standards and requirements SEC. 5012. EFFECT ON OTHER LAWS. management practices established under under this title by States. (a) APPLICATION OF FEDERAL WATER POLLU- subsection (a) and revise such practices by (2) PROCEDURES.—Procedures developed TION CONTROL ACT.— rule published in the Federal Register con- and published under paragraph (1)— (1) IN GENERAL.—Except as provided in sec- sistent with subsections (b) and (d). (A) may be periodically updated; tion 5008(b), on or after the date of the enact- (f) REVISED PRACTICES BY STATE PETI- (B) shall describe the conditions and proce- ment of this Act, the Federal Water Pollu- TION.— dures under which the Secretary may sus- tion Control Act (33 U.S.C. 1251 et seq.) shall (1) IN GENERAL.—The Governor of a Great pend the agreement described in paragraph not apply to a discharge into navigable Lakes State may petition the Secretary to (3); and waters of the United States of ballast water revise current, or employ additional, best (C) shall have a mechanism for the Sec- from a commercial vessel or a discharge inci- management practices, consistent with the retary to provide to the Governor of a State, dental to the normal operation of a commer- elements described in subsection (b), to ad- if requested by the Governor, access to Auto- cial vessel. dress new and emerging aquatic nuisance mated Identification System arrival data for (2) OIL AND HAZARDOUS SUBSTANCE LIABIL- species or pollution threats, implement more inbound vessels to specific ports or places of ITY; MARINE SANITATION DEVICES.—Nothing in effective practices, or update guidelines to destination in the State. this title may be construed as affecting the harmonize requirements on owners and oper- (3) STATE ENFORCEMENT.—The Secretary application to a commercial vessel of section ators of commercial vessels described in sub- shall enter into an agreement with the Gov- 311 or 312 of the Federal Water Pollution section (a). ernor of a State to authorize the State to in- Control Act (33 U.S.C. 1321; 1322). (2) DETERMINATION.— spect vessels to enforce the provisions of this (b) ESTABLISHED REGIMES.—Notwith- (A) IN GENERAL.—Not later than 180 days title in accordance with the procedures de- standing any other provision of this title, after receiving a petition under paragraph veloped under paragraph (1). nothing in this title may be construed as af- (1), the Secretary, in coordination with the (b) FEES.— fecting the authority of the Federal Govern- Administrator, shall determine which, if (1) IN GENERAL.—Subject to paragraphs (2), ment under— any, best management practices included in (3), and (4), a State that assesses a permit (1) the Act to Prevent Pollution from Ships such petition shall be required of commer- fee, inspection fee, or other fee related to the (33 U.S.C. 1901 et seq.) with respect to the cial vessels described in subsection (a). regulation of ballast water or a discharge in- regulation by the Federal Government of (B) CONSULTATION.—The Secretary shall cidental to the normal operation of a com- any discharge or emission that, on or after consult with the Governors of other Great mercial vessel before the date of the enact- the date of the enactment of this Act, is cov- Lakes States and owners or operators of ment of this Act may continue to assess such ered under the Protocol of 1978 Relating to

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.110 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6681 the International Convention for the Preven- or progressively eradicate aquatic invasive design, equipment, or operation standard on tion of Pollution from Ships, 1973, with an- species in the coastal zone or the Exclusive a commercial vessel not documented under nexes and protocols, done at London Feb- Economic Zone of the United States; the laws of the United States and engaged in ruary 17, 1978; and (ii) to restore habitat impacted by an innocent passage unless the standard imple- (2) title X of the Coast Guard Authoriza- aquatic invasive species; ments a generally accepted international tion Act of 2010 (33 U.S.C. 3801 et seq.) with (iii) to develop new shipboard and land- rule, as determined by the Secretary. respect to the regulation by the Federal Gov- based ballast water treatment system tech- (b) OTHER AUTHORITIES.—Nothing in this ernment of any anti-fouling system that, on nologies and performance standards to pre- title may construed as affecting the author- or after the date of the enactment of this vent the introduction of aquatic invasive ity of the Secretary of Commerce or the Sec- Act, is covered under the International Con- species; retary of the Interior to administer lands or vention on the Control of Harmful Anti-foul- (iv) to develop mitigation measures to pro- waters under the administrative control of ing Systems on Ships, 2001, done at London tect natural and cultural living resources, the Secretary of Commerce or the Secretary October 5, 2001. including shellfish, from the impacts of of the Interior. (c) INTERNATIONAL LAW.—Any action taken aquatic invasive species; or under this title shall be taken in accordance (v) to develop mitigation measures to pro- SA 1484. Mr. WICKER submitted an with international law. tect infrastructure, such as hydroelectric in- amendment intended to be proposed to (d) CONFORMING AMENDMENT.—Section 1205 frastructure, from aquatic invasive species. amendment SA 1116 proposed by Mr. of the Nonindigenous Aquatic Nuisance Pre- (B) PROHIBITION ON FUNDING LITIGATION.—A ENZI to the concurrent resolution H. vention and Control Act of 1990 (16 U.S.C. grant awarded under the Program may not Con. Res. 71, establishing the congres- 4725) is amended by adding at the end the fol- be used to fund litigation in any matter. sional budget for the United States lowing: ‘‘Ballast water and discharges inci- (5) ADMINISTRATION.—Not later than 90 dental to the normal operation of a commer- days after the date of enactment of this Act, Government for fiscal year 2018 and cial vessel, as such terms are defined in the the Foundation, in consultation with the setting forth the appropriate budgetary Vessel Incidental Discharge Act, shall be Secretary of Commerce, shall establish the levels for fiscal years 2019 through 2027; regulated pursuant to such Act.’’. following: which was ordered to lie on the table; SEC. 5013. QUAGGA MUSSEL. (A) Application and review procedures for as follows: The Secretary of the Interior shall pre- awarding grants under the Program. At the end of title III, add the following: (B) Approval procedures for awarding scribe by regulation that the quagga mussel SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (Dreissena rostriformis bugensis) is a species grants under the Program. Such procedures RELATING TO BALLAST WATER AND that is injurious under section 42 of title 18, shall require consultation with the Sec- OTHER VESSEL INCIDENTAL DIS- United States Code. retary of the Interior and the Administrator. CHARGE REGULATIONS. (C) Performance accountability and moni- SEC. 5014. COASTAL AQUATIC INVASIVE SPECIES The Chairman of the Committee on the MITIGATION GRANT PROGRAM AND toring measures for activities funded by a Budget of the Senate may revise the alloca- MITIGATION FUND. grant awarded under the Program. tions of a committee or committees, aggre- (a) COASTAL AQUATIC INVASIVE SPECIES (D) Procedures and methods to ensure ac- gates, and other appropriate levels in this MITIGATION GRANT PROGRAM.— curate accounting and appropriate adminis- resolution, and make adjustments to the (1) DEFINITIONS.—In this subsection: tration of grants awarded under the Pro- pay-as-you-go ledger, for one or more bills, (A) COASTAL ZONE.—The term ‘‘coastal gram, including standards of record keeping. joint resolutions, amendments, amendments zone’’ has the meaning given the term in sec- (6) MATCHING REQUIREMENT.—Each eligible between the Houses, motions, or conference tion 304 of the Coastal Zone Management Act entity awarded a grant under the Program to reports relating to the enforcement of a na- of 1972 (16 U.S.C. 1453). carry out an activity shall provide matching tional uniform standard for ballast water (B) ELIGIBLE ENTITY.—The term ‘‘eligible funds to carry out such activity, in cash or and other incidental discharges onboard entity’’ means a State government, local through in-kind contributions from sources commercial vessels, by the amounts provided government, Indian Tribe, nongovernmental other than the Federal Government, in an in such legislation for those purposes, pro- organization, or academic institution. amount equal to 50 percent of the cost of vided that such legislation would not in- (C) EXCLUSIVE ECONOMIC ZONE.—The term such activity. crease the deficit over either the period of ‘‘Exclusive Economic Zone’’ means the Ex- (7) FUNDING.—The Secretary of Commerce the total of fiscal years 2018 through 2022 or clusive Economic Zone of the United States, and the Foundation shall use the amounts the period of the total of fiscal years 2018 as established by Presidential Proclamation available in the Coastal Aquatic Invasive through 2027. 5030 of March 10, 1983 (16 U.S.C. 1453 note). Species Mitigation Fund established under (D) FOUNDATION.—The term ‘‘Foundation’’ subsection (b), to award grants under the SA 1485. Mr. LEE submitted an means the National Fish and Wildlife Foun- Program. amendment intended to be proposed to dation established by section 2(a) of the Na- (b) COASTAL AQUATIC INVASIVE SPECIES amendment SA 1116 proposed by Mr. tional Fish and Wildlife Foundation Estab- MITIGATION FUND.— ENZI to the concurrent resolution H. lishment Act (16 U.S.C. 3701(a)). (1) CREATION OF FUND.—There is established Con. Res. 71, establishing the congres- (E) PROGRAM.—The term ‘‘Program’’ means in the Treasury of the United States a trust fund to be known as the ‘‘Coastal Aquatic sional budget for the United States the Coastal Aquatic Invasive Species Mitiga- Government for fiscal year 2018 and tion Grant Program established under para- Invasive Species Mitigation Fund’’ (referred graph (2). to in this section as the ‘‘Fund’’), consisting setting forth the appropriate budgetary (2) ESTABLISHMENT.—The Secretary of of such amounts as may be appropriated or levels for fiscal years 2019 through 2027; Commerce and the Foundation shall estab- credited to the Fund as provided in this sec- which was ordered to lie on the table; lish the Coastal Aquatic Invasive Species tion or section 9602 of the Internal Revenue as follows: Mitigation Grant Program to award grants Code of 1986. At the end of title III, add the following: (2) TRANSFERS TO FUND.— to eligible entities, as described in this sub- SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND PPROPRIATION section. (A) A .—There is authorized to RELATING TO EMPOWERING STATES (3) PURPOSES.—The purposes of the Pro- be appropriated from the Treasury to the TO MANAGE GREATER SAGE- gram are— Fund each fiscal year an amount equal to GROUSE POPULATIONS. (A) to improve the understanding, preven- the penalties assessed under section 5003(b) The Chairman of the Committee on the tion, and mitigation of, and response to, in the prior fiscal year. Budget of the Senate may revise the alloca- aquatic invasive species in the coastal zone (B) AUTHORIZATION OF FURTHER APPROPRIA- tions of a committee or committees, aggre- and the Exclusive Economic Zone of the TIONS.—There is authorized to be appro- gates, and other appropriate levels in this United States; priated to the Fund, in addition to the resolution, and make adjustments to the (B) to support the prevention and mitiga- amounts transferred to the Fund under para- pay-as-you-go ledger, for one or more bills, tion of impacts from aquatic invasive species graph (1), $5,000,000 for each fiscal year. joint resolutions, amendments, amendments in the coastal zone of the United States; and (3) EXPENDITURES FROM FUND.—Amounts in between the Houses, motions, or conference (C) to support the restoration of marine, the Fund shall be available without further reports relating to empowering States to estuarine, and the Great Lakes environ- appropriation to the Secretary of Commerce manage greater sage-grouse populations by ments in the coastal zone and the Exclusive and the National Fish and Wildlife Founda- the amounts provided in such legislation for Economic Zone of the United States that are tion established by section 2(a) of the Na- those purposes, provided that such legisla- impacted by aquatic invasive species. tional Fish and Wildlife Foundation Estab- tion would not raise new revenue and would (4) USE OF GRANTS.— lishment Act to award grants under the not increase the deficit over either the pe- (A) IN GENERAL.—A grant awarded under Coastal Aquatic Invasive Species Mitigation riod of the total of fiscal years 2018 through the Program shall be used for an activity to Grant Program established under subsection 2022 or the period of the total of fiscal years carry out the purposes of the Program, in- (a)(2). 2018 through 2027. cluding an activity— SEC. 5015. RULES OF CONSTRUCTION. (i) to develop and implement procedures (a) INTERNATIONAL STANDARDS.—Nothing in SA 1486. Mr. LEE submitted an and programs to prevent, control, mitigate, this title may be construed to impose any amendment intended to be proposed to

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.110 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6682 CONGRESSIONAL RECORD — SENATE October 19, 2017 amendment SA 1116 proposed by Mr. SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND amendment SA 1116 proposed by Mr. RELATING TO PROMOTING CON- ENZI to the concurrent resolution H. ENZI to the concurrent resolution H. GRESSIONAL, STATE, AND LOCAL IN- Con. Res. 71, establishing the congres- VOLVEMENT IN THE ESTABLISH- Con. Res. 71, establishing the congres- sional budget for the United States MENT OF NATIONAL MONUMENTS. sional budget for the United States Government for fiscal year 2018 and The Chairman of the Committee on the Government for fiscal year 2018 and setting forth the appropriate budgetary Budget of the Senate may revise the alloca- setting forth the appropriate budgetary levels for fiscal years 2019 through 2027; tions of a committee or committees, aggre- levels for fiscal years 2019 through 2027; gates, and other appropriate levels in this which was ordered to lie on the table; resolution, and make adjustments to the which was ordered to lie on the table; as follows: pay-as-you-go ledger, for one or more bills, as follows: At the end of title III, add the following: joint resolutions, amendments, amendments At the end of title III, add the following: between the Houses, motions, or conference SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND reports relating to enhancing transparency RELATING TO PROHIBITING THE UN- RELATING TO REPEALING THE RE- in the process of establishing national monu- LAWFUL DETENTION OF A CITIZEN NEWABLE FUEL STANDARD PRO- ments by the amounts provided in such legis- OF THE UNITED STATES THAT VIO- GRAM. lation for those purposes, provided that such LATES CERTAIN RIGHTS OF THE CIT- The Chairman of the Committee on the legislation would not raise new revenue and IZEN. Budget of the Senate may revise the alloca- would not increase the deficit over either the The Chairman of the Committee on the tions of a committee or committees, aggre- period of the total of fiscal years 2018 Budget of the Senate may revise the alloca- gates, and other appropriate levels in this through 2022 or the period of the total of fis- tions of a committee or committees, aggre- resolution, and make adjustments to the cal years 2018 through 2027. gates, and other appropriate levels in this pay-as-you-go ledger, for one or more bills, resolution, and make adjustments to the joint resolutions, amendments, amendments SA 1489. Mr. LEE submitted an pay-as-you-go ledger, for one or more bills, between the Houses, motions, or conference amendment intended to be proposed to joint resolutions, amendments, amendments reports relating to repealing the renewable amendment SA 1116 proposed by Mr. between the Houses, motions, or conference reports relating to prohibiting the unlawful fuel standard program by the amounts pro- ENZI to the concurrent resolution H. vided in such legislation for those purposes, Con. Res. 71, establishing the congres- detention of a citizen of the United States, regardless of the circumstances of the arrest provided that such legislation would not sional budget for the United States raise new revenue and would not increase the of the citizen, that may violate the due proc- deficit over either the period of the total of Government for fiscal year 2018 and ess rights of the citizen indefinitely, the fiscal years 2018 through 2022 or the period of setting forth the appropriate budgetary right of the citizen to counsel, or the right of the total of fiscal years 2018 through 2027. levels for fiscal years 2019 through 2027; the citizen to have the identity of the citizen which was ordered to lie on the table; disclosed to the public, by the amounts pro- as follows: vided in such legislation for those purposes, SA 1487. Mr. LEE submitted an provided that such legislation would not amendment intended to be proposed to On page 57, strike lines 19 through 21 and insert the following: raise new revenue and would not increase the amendment SA 1116 proposed by Mr. (4) the payments in lieu of taxes program; deficit over either the period of the total of ENZI to the concurrent resolution H. (5) the secure rural schools and community fiscal years 2018 through 2022 or the period of Con. Res. 71, establishing the congres- self-determination program; or the total of fiscal years 2018 through 2027. sional budget for the United States (6) chapter 3203 of title 54, United States Government for fiscal year 2018 and Code, SA 1492. Mr. LEE submitted an setting forth the appropriate budgetary amendment intended to be proposed to Mr. LEE submitted an levels for fiscal years 2019 through 2027; SA 1490. amendment SA 1116 proposed by Mr. amendment intended to be proposed to which was ordered to lie on the table; ENZI to the concurrent resolution H. amendment SA 1116 proposed by Mr. as follows: Con. Res. 71, establishing the congres- ENZI to the concurrent resolution H. sional budget for the United States At the end of title III, add the following: Con. Res. 71, establishing the congres- Government for fiscal year 2018 and SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND sional budget for the United States setting forth the appropriate budgetary RELATING TO PROHIBITING THE IM- Government for fiscal year 2018 and levels for fiscal years 2019 through 2027; PLEMENTATION OF THE PARIS CLI- setting forth the appropriate budgetary MATE CHANGE AGREEMENT. which was ordered to lie on the table; levels for fiscal years 2019 through 2027; as follows: The Chairman of the Committee on the which was ordered to lie on the table; At the end of title III, add the following: Budget of the Senate may revise the alloca- as follows: tions of a committee or committees, aggre- SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND At the end of title III, add the following: gates, and other appropriate levels in this RELATING TO ANNUAL REPORTS ON THE DEFENSE SPENDING OF THE resolution, and make adjustments to the SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND RELATING TO PROHIBITING THE EX- ALLIES AND PARTNER NATIONS OF pay-as-you-go ledger, for one or more bills, PENDITURE OF AMOUNTS FROM THE THE UNITED STATES. joint resolutions, amendments, amendments LAND AND WATER CONSERVATION The Chairman of the Committee on the between the Houses, motions, or conference FUND FOR THE ACQUISITION OF Budget of the Senate may revise the alloca- reports relating to prohibiting the imple- LAND UNTIL THE DATE ON WHICH tions of a committee or committees, aggre- mentation of the agreement of the 21st Con- THE MAINTENANCE BACKLOG OF gates, and other appropriate levels in this THE NATIONAL PARK SERVICE IS ference of the Parties of the United Nations resolution, and make adjustments to the Framework Convention on Climate Change, REDUCED. The Chairman of the Committee on the pay-as-you-go ledger, for one or more bills, adopted at Paris on December 12, 2015, by the joint resolutions, amendments, amendments amounts provided in such legislation for Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- between the Houses, motions, or conference those purposes, provided that such legisla- reports relating to annual reports on the de- tion would not raise new revenue and would gates, and other appropriate levels in this resolution, and make adjustments to the fense spending of the allies and partner na- not increase the deficit over either the pe- pay-as-you-go ledger, for one or more bills, tions of the United States by the amounts riod of the total of fiscal years 2018 through joint resolutions, amendments, amendments provided in such legislation for those pur- 2022 or the period of the total of fiscal years between the Houses, motions, or conference poses, provided that such legislation would 2018 through 2027. reports relating to prohibiting amounts from not raise new revenue and would not in- the Land and Water Conservation Fund es- crease the deficit over either the period of SA 1488. Mr. LEE submitted an tablished under section 200302 of title 54, the total of fiscal years 2018 through 2022 or amendment intended to be proposed to United States Code, to be used for land ac- the period of the total of fiscal years 2018 amendment SA 1116 proposed by Mr. quisition until the date on which the Na- through 2027. tional Park Service maintenance backlog is ENZI to the concurrent resolution H. less than $5,000,000 by the amounts provided SA 1493. Mr. LEE submitted an Con. Res. 71, establishing the congres- in such legislation for those purposes, pro- amendment intended to be proposed to sional budget for the United States vided that such legislation would not raise amendment SA 1116 proposed by Mr. Government for fiscal year 2018 and new revenue and would not increase the def- ENZI to the concurrent resolution H. setting forth the appropriate budgetary icit over either the period of the total of fis- Con. Res. 71, establishing the congres- levels for fiscal years 2019 through 2027; cal years 2018 through 2022 or the period of the total of fiscal years 2018 through 2027. sional budget for the United States which was ordered to lie on the table; Government for fiscal year 2018 and as follows: SA 1491. Mr. LEE submitted an setting forth the appropriate budgetary At the end of title III, add the following: amendment intended to be proposed to levels for fiscal years 2019 through 2027;

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.109 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6683 which was ordered to lie on the table; tions of a committee or committees, aggre- joint resolutions, amendments, amendments as follows: gates, and other appropriate levels in this between the Houses, motions, or conference At the end of title III, add the following: resolution, and make adjustments to the reports relating to prohibiting operations pay-as-you-go ledger, for one or more bills, and activities of the Armed Forces in Yemen SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND RELATING TO PROHIBITING THE EX- joint resolutions, amendments, amendments by the amounts provided in such legislation TENSION OF THE AUTHORIZATION between the Houses, motions, or conference for those purposes, provided that such legis- FOR THE FLAWED END MODERN reports relating to prohibiting modification lation would not raise new revenue and SLAVERY INITIATIVE (EMSI) GRANT of the applicability of the Military Selective would not increase the deficit over either the PROGRAM. Service Act by Executive or Judicial action period of the total of fiscal years 2018 The Chairman of the Committee on the by the amounts provided in such legislation through 2022 or the period of the total of fis- Budget of the Senate may revise the alloca- for those purposes, provided that such legis- cal years 2018 through 2027. tions of a committee or committees, aggre- lation would not raise new revenue and gates, and other appropriate levels in this would not increase the deficit over either the SA 1498. Mr. LEE submitted an resolution, and make adjustments to the period of the total of fiscal years 2018 amendment intended to be proposed to pay-as-you-go ledger, for one or more bills, through 2022 or the period of the total of fis- amendment SA 1116 proposed by Mr. joint resolutions, amendments, amendments cal years 2018 through 2027. between the Houses, motions, or conference ENZI to the concurrent resolution H. reports relating to prohibiting the extension SA 1496. Mr. LEE submitted an Con. Res. 71, establishing the congres- of the authorization for the flawed End Mod- amendment intended to be proposed to sional budget for the United States ern Slavery Initiative (EMSI) grant program Government for fiscal year 2018 and by the amounts provided in such legislation amendment SA 1116 proposed by Mr. ENZI to the concurrent resolution H. setting forth the appropriate budgetary for those purposes, provided that such legis- levels for fiscal years 2019 through 2027; lation would not raise new revenue and Con. Res. 71, establishing the congres- would not increase the deficit over either the sional budget for the United States which was ordered to lie on the table; period of the total of fiscal years 2018 Government for fiscal year 2018 and as follows: through 2022 or the period of the total of fis- setting forth the appropriate budgetary At the end of title III, add the following: cal years 2018 through 2027. levels for fiscal years 2019 through 2027; SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND RELATING TO REPORTING ON THE SA 1494. Mr. LEE submitted an which was ordered to lie on the table; ACTIVITIES OF THE OFFICE OF amendment intended to be proposed to as follows: TRANSITION INITIATIVES. amendment SA 1116 proposed by Mr. At the end of title III, add the following: The Chairman of the Committee on the ENZI to the concurrent resolution H. SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND Budget of the Senate may revise the alloca- Con. Res. 71, establishing the congres- RELATING TO PROHIBITING BILAT- tions of a committee or committees, aggre- ERAL ASSISTANCE TO FOREIGN gates, and other appropriate levels in this sional budget for the United States COUNTRIES WHO HAVE FAILED TO resolution, and make adjustments to the Government for fiscal year 2018 and FULFILL THEIR OBLIGATIONS IN pay-as-you-go ledger, for one or more bills, setting forth the appropriate budgetary UNITED NATIONS PEACEKEEPING MISSIONS OR WHOSE PEACE- joint resolutions, amendments, amendments levels for fiscal years 2019 through 2027; KEEPERS HAVE BEEN CONVICTED between the Houses, motions, or conference which was ordered to lie on the table; OF SEXUAL EXPLOITATION AND reports relating to compiling a report on the as follows: ABUSE AND HAVE FAILED TO IMPLE- activities of the Office of Transition Initia- At the end of title III, add the following: MENT NECESSARY CHANGES AND tives of the United States Agency for Inter- ACCOUNTABILITY MEASURES. national Development by the amounts pro- SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND The Chairman of the Committee on the RELATING TO IMMEDIATELY PRO- vided in such legislation for those purposes, HIBITING THE DEPLOYMENT OF THE Budget of the Senate may revise the alloca- provided that such legislation would not ARMED FORCES INTO A FOREIGN tions of a committee or committees, aggre- raise new revenue and would not increase the COUNTRY FOR HUMANITARIAN OP- gates, and other appropriate levels in this deficit over either the period of the total of ERATIONS NOT PREVIOUSLY AU- resolution, and make adjustments to the fiscal years 2018 through 2022 or the period of THORIZED BY STATUTE. pay-as-you-go ledger, for one or more bills, the total of fiscal years 2018 through 2027. The Chairman of the Committee on the joint resolutions, amendments, amendments Budget of the Senate may revise the alloca- between the Houses, motions, or conference SA 1499. Mr. LEE submitted an tions of a committee or committees, aggre- reports relating to prohibiting bilateral as- gates, and other appropriate levels in this amendment intended to be proposed to sistance to foreign countries who have failed amendment SA 1116 proposed by Mr. resolution, and make adjustments to the to fulfill their obligations in United Nations pay-as-you-go ledger, for one or more bills, peacekeeping missions or whose peace- ENZI to the concurrent resolution H. joint resolutions, amendments, amendments keepers have been convicted of sexual exploi- Con. Res. 71, establishing the congres- between the Houses, motions, or conference tation and abuse and have failed to imple- sional budget for the United States reports relating to immediately prohibiting ment necessary changes and accountability Government for fiscal year 2018 and the deployment of the Armed Forces into a measures by the amounts provided in such setting forth the appropriate budgetary foreign country for humanitarian operations legislation for those purposes, provided that levels for fiscal years 2019 through 2027; not previously authorized by statute by the such legislation would not raise new revenue amounts provided in such legislation for which was ordered to lie on the table; and would not increase the deficit over ei- as follows: those purposes, provided that such legisla- ther the period of the total of fiscal years tion would not raise new revenue and would 2018 through 2022 or the period of the total of At the end of title III, add the following: not increase the deficit over either the pe- fiscal years 2018 through 2027. SEC. 3lll. SPENDING-NEUTRAL RESERVE FUND riod of the total of fiscal years 2018 through RELATING TO PROTECTING COMMU- 2022 or the period of the total of fiscal years SA 1497. Mr. LEE submitted an NITIES FROM DESTRUCTIVE FED- 2018 through 2027. ERAL OVERREACH BY THE FINAL amendment intended to be proposed to RULE OF THE DEPARTMENT OF SA 1495. Mr. LEE submitted an amendment SA 1116 proposed by Mr. HOUSING AND URBAN DEVELOP- amendment intended to be proposed to ENZI to the concurrent resolution H. MENT ENTITLED ‘‘AFFIRMATIVELY FURTHERING FAIR HOUSING’’. amendment SA 1116 proposed by Mr. Con. Res. 71, establishing the congres- The Chairman of the Committee on the ENZI to the concurrent resolution H. sional budget for the United States Government for fiscal year 2018 and Budget of the Senate may revise the alloca- Con. Res. 71, establishing the congres- tions of a committee or committees, aggre- sional budget for the United States setting forth the appropriate budgetary gates, and other appropriate levels in this Government for fiscal year 2018 and levels for fiscal years 2019 through 2027; resolution, and make adjustments to the setting forth the appropriate budgetary which was ordered to lie on the table; pay-as-you-go ledger, for one or more bills, levels for fiscal years 2019 through 2027; as follows: joint resolutions, amendments, amendments which was ordered to lie on the table; At the end of title III, add the following: between the Houses, motions, or conference reports relating to protecting communities as follows: SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND from destructive Federal overreach by the At the end of title III, add the following: RELATING TO PROHIBITING OPER- ATIONS AND ACTIVITIES OF THE final rule of the Department of Housing and SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND ARMED FORCES IN YEMEN. Urban Development entitled ‘‘Affirmatively RELATING TO PROHIBITING MODI- The Chairman of the Committee on the Furthering Fair Housing’’ by the amounts FICATION OF THE APPLICABILITY OF THE MILITARY SELECTIVE SERV- Budget of the Senate may revise the alloca- provided in such legislation for those pur- ICE ACT BY EXECUTIVE OR JUDI- tions of a committee or committees, aggre- poses, provided that such legislation would CIAL ACTION. gates, and other appropriate levels in this not raise new revenue and would not in- The Chairman of the Committee on the resolution, and make adjustments to the crease the deficit over either the period of Budget of the Senate may revise the alloca- pay-as-you-go ledger, for one or more bills, the total of fiscal years 2018 through 2022 or

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.111 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6684 CONGRESSIONAL RECORD — SENATE October 19, 2017 the period of the total of fiscal years 2018 SEC. 3 lll. SPENDING-NEUTRAL RESERVE surface transportation of the United States through 2027. FUND RELATING TO TRANSPARENCY from the Federal Government to the States WITHIN THE CONGRESSIONAL by the amounts provided in such legislation SA 1500. Mr. LEE submitted an BUDGET OFFICE. for those purposes, provided that such legis- The Chairman of the Committee on the lation would not increase the deficit over ei- amendment intended to be proposed to Budget of the Senate may revise the alloca- amendment SA 1116 proposed by Mr. ther the period of the total of fiscal years tions of a committee or committees, aggre- 2018 through 2022 or the period of the total of ENZI to the concurrent resolution H. gates, and other appropriate levels in this fiscal years 2018 through 2027. Con. Res. 71, establishing the congres- resolution, and make adjustments to the sional budget for the United States pay-as-you-go ledger, for one or more bills, SA 1505. Mr. BOOKER (for himself Government for fiscal year 2018 and joint resolutions, amendments, amendments and Mrs. MURRAY) submitted an setting forth the appropriate budgetary between the Houses, motions, or conference amendment intended to be proposed to levels for fiscal years 2019 through 2027; reports relating to increasing transparency practices by the Congressional Budget Office amendment SA 1116 proposed by Mr. which was ordered to lie on the table; by the amounts provided in such legislation ENZI to the concurrent resolution H. as follows: for those purposes, provided that such legis- Con. Res. 71, establishing the congres- At the end of title III, add the following: lation would not raise new revenue and sional budget for the United States SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND would not increase the deficit over either the Government for fiscal year 2018 and RELATING TO PHASING OUT THE EX- period of the total of fiscal years 2018 setting forth the appropriate budgetary PORT-IMPORT BANK OF THE UNITED through 2022 or the period of the total of fis- levels for fiscal years 2019 through 2027; STATES. cal years 2018 through 2027. The Chairman of the Committee on the which was ordered to lie on the table; Budget of the Senate may revise the alloca- SA 1503. Mr. LEE submitted an as follows: tions of a committee or committees, aggre- amendment intended to be proposed to On page 53, between lines 22 and 23, insert gates, and other appropriate levels in this amendment SA 1116 proposed by Mr. the following: resolution, and make adjustments to the (7) restricting harmful or fraudulent treat- ENZI to the concurrent resolution H. pay-as-you-go ledger, for one or more bills, ments that purport to change the sexual ori- joint resolutions, amendments, amendments Con. Res. 71, establishing the congres- entation or gender identity of a child, youth, between the Houses, motions, or conference sional budget for the United States or adult, reports relating to phasing out the authority Government for fiscal year 2018 and of the Export-Import Bank of the United setting forth the appropriate budgetary SA 1506. Mr. NELSON submitted an States by the amounts provided in such leg- levels for fiscal years 2019 through 2027; amendment intended to be proposed to islation for those purposes, provided that which was ordered to lie on the table; amendment SA 1116 proposed by Mr. such legislation would not raise new revenue as follows: ENZI to the concurrent resolution H. and would not increase the deficit over ei- At the end of title III, add the following: Con. Res. 71, establishing the congres- ther the period of the total of fiscal years sional budget for the United States 2018 through 2022 or the period of the total of SEC. 3lll. SPENDING-NEUTRAL RESERVE FUND RELATING TO PROHIBITING THE RE- Government for fiscal year 2018 and fiscal years 2018 through 2027. CLASSIFICATION OF BROADBAND setting forth the appropriate budgetary INTERNET ACCESS SERVICE AS AN SA 1501. Mr. LEE submitted an INFORMATION SERVICE AND THE levels for fiscal years 2019 through 2027; amendment intended to be proposed to IMPLEMENTATION OF NET NEU- which was ordered to lie on the table; amendment SA 1116 proposed by Mr. TRALITY REGULATIONS. as follows: The Chairman of the Committee on the On page 3, line 12, increase the amount by ENZI to the concurrent resolution H. Budget of the Senate may revise the alloca- Con. Res. 71, establishing the congres- $520,000,000. tions of a committee or committees, aggre- On page 3, line 13, increase the amount by sional budget for the United States gates, and other appropriate levels in this $1,850,000,000. Government for fiscal year 2018 and resolution, and make adjustments to the On page 4, line 1, increase the amount by setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills, $3,090,000,000. levels for fiscal years 2019 through 2027; joint resolutions, amendments, amendments On page 4, line 2, increase the amount by which was ordered to lie on the table; between the Houses, motions, or conference $4,035,000,000. On page 4, line 3, increase the amount by as follows: reports relating to the openness of the Inter- net and the prohibition of net neutrality reg- $4,955,000,000. At the end of title III, add the following: ulations by the amounts provided in such On page 4, line 4, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND legislation for those purposes, provided that $5,955,000,000. RELATING TO REQUIRING CONGRES- such legislation would not raise new revenue On page 4, line 5, increase the amount by SIONAL REVIEW OF THE IMPOSITION and would not increase the deficit over ei- $6,925,000,000. OF DUTIES AND OTHER TRADE On page 4, line 6, increase the amount by MEASURES BY THE PRESIDENT. ther the period of the total of fiscal years 2018 through 2022 or the period of the total of $7,770,000,000. The Chairman of the Committee on the On page 4, line 7, increase the amount by fiscal years 2018 through 2027. Budget of the Senate may revise the alloca- $8,475,000,000. On page 4, line 8, increase the amount by tions of a committee or committees, aggre- SA 1504. Mr. LEE submitted an gates, and other appropriate levels in this $9,010,000,000. resolution, and make adjustments to the amendment intended to be proposed to On page 4, line 12, increase the amount by pay-as-you-go ledger, for one or more bills, amendment SA 1116 proposed by Mr. $520,000,000. joint resolutions, amendments, amendments ENZI to the concurrent resolution H. On page 4, line 13, increase the amount by between the Houses, motions, or conference, Con. Res. 71, establishing the congres- $1,850,000,000. reports relating to congressional review of sional budget for the United States On page 4, line 14, increase the amount by presidential trade actions by the amounts $3,090,000,000. Government for fiscal year 2018 and On page 4, line 15, increase the amount by provided in such legislation for those pur- setting forth the appropriate budgetary $4,035,000,000. poses, provided that such legislation would levels for fiscal years 2019 through 2027; On page 4, line 16, increase the amount by not increase the deficit over either the pe- $4,955,000,000. riod of the total of fiscal years 2018 through which was ordered to lie on the table; as follows: On page 4, line 17, increase the amount by 2022 or the period of the total of fiscal years $5,955,000,000. 2018 through 2027. At the end of title III, add the following: On page 4, line 18, increase the amount by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $6,925,000,000. SA 1502. Mr. LEE submitted an RELATING TO DEVOLVING SURFACE On page 4, line 19, increase the amount by amendment intended to be proposed to TRANSPORTATION MANAGEMENT $7,770,000,000. FROM THE FEDERAL GOVERNMENT On page 4, line 20, increase the amount by amendment SA 1116 proposed by Mr. TO THE STATES. ENZI to the concurrent resolution H. $8,475,000,000. The Chairman of the Committee on the On page 4, line 21, increase the amount by Con. Res. 71, establishing the congres- Budget of the Senate may revise the alloca- $9,010,000,000. sional budget for the United States tions of a committee or committees, aggre- On page 4, line 25, increase the amount by Government for fiscal year 2018 and gates, and other appropriate levels in this $520,000,000. setting forth the appropriate budgetary resolution, and make adjustments to the On page 5, line 1, increase the amount by levels for fiscal years 2019 through 2027; pay-as-you-go ledger, for one or more bills, $1,850,000,000. joint resolutions, amendments, amendments which was ordered to lie on the table; On page 5, line 2, increase the amount by between the Houses, motions, or conference $3,090,000,000. as follows: reports relating to the devolution of the re- On page 5, line 3, increase the amount by At the end of title III, add the following: sponsibility for building and maintaining the $4,035,000,000.

VerDate Sep 11 2014 07:28 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.114 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6685 On page 5, line 4, increase the amount by et seq.; 1087a et seq.), including proposals vided in such legislation for those purposes, $4,955,000,000. that would increase the amount borrowers provided that such legislation would not in- On page 5, line 5, increase the amount by must pay to 12.5 percent of discretionary in- crease the deficit over either the period of $5,955,000,000. come and extend the cap on repayment for the total of fiscal years 2018 through 2022 or On page 5, line 6, increase the amount by graduate students to 30 years. the period of the total of fiscal years 2018 $6,925,000,000. (b) WAIVER AND APPEAL.—Subsection (a) through 2027. On page 5, line 7, increase the amount by may be waived or suspended in the Senate $7,770,000,000. only by an affirmative vote of three-fifths of SA 1509. Ms. HIRONO submitted an On page 5, line 8, increase the amount by the Members, duly chosen and sworn. An af- amendment intended to be proposed to $8,475,000,000. firmative vote of three-fifths of the Members amendment SA 1116 proposed by Mr. On page 5, line 9, increase the amount by of the Senate, duly chosen and sworn, shall ENZI to the concurrent resolution H. $9,010,000,000. be required to sustain an appeal of the ruling Con. Res. 71, establishing the congres- On page 5, line 13, increase the amount by of the Chair on a point of order raised under sional budget for the United States $520,000,000. subsection (a). On page 5, line 14, increase the amount by Government for fiscal year 2018 and $1,850,000,000. SA 1507. Mr. BROWN (for himself, setting forth the appropriate budgetary On page 5, line 15, increase the amount by Mr. REED, Mr. MENENDEZ, Mr. WARNER, levels for fiscal years 2019 through 2027; $3,090,000,000. and Mr. VAN HOLLEN) submitted an which was ordered to lie on the table; On page 5, line 16, increase the amount by as follows: $4,035,000,000. amendment intended to be proposed to At the end of title III, add the following: On page 5, line 17, increase the amount by amendment SA 1116 proposed by Mr. $4,955,000,000. ENZI to the concurrent resolution H. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO RELATING TO SUP- On page 5, line 18, increase the amount by Con. Res. 71, establishing the congres- PORTING, PROTECTING, AND MAIN- $5,955,000,000. sional budget for the United States TAINING FEDERAL PUBLIC LAND. On page 5, line 19, increase the amount by Government for fiscal year 2018 and The Chairman of the Committee on the $6,925,000,000. setting forth the appropriate budgetary Budget of the Senate may revise the alloca- On page 5, line 20, increase the amount by levels for fiscal years 2019 through 2027; tions of a committee or committees, aggre- $7,770,000,000. gates, and other appropriate levels in this On page 5, line 21, increase the amount by which was ordered to lie on the table; as follows: resolution, and make adjustments to the $8,475,000,000. pay-as-you-go ledger, for one or more bills, On page 5, line 22, increase the amount by At the end of title III, add the following: joint resolutions, amendments, amendments $9,010,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND between the Houses, motions, or conference On page 22, line 20, increase the amount by RELATING TO INCREASING CON- reports relating to supporting, protecting, $520,000,000. SUMER PRIVACY AND TRANS- and maintaining Federal public land, includ- On page 22, line 21, increase the amount by PARENCY IN THE COLLECTION AND USE OF PERSONAL DATA BY NATION- ing national monuments, in the form in $520,000,000. which the national monuments are in as of On page 22, line 24, increase the amount by WIDE CONSUMER REPORTING AGEN- CIES. the date of enactment of this Act, for the en- $1,850,000,000. joyment by current and future generations, On page 22, line 25, increase the amount by The Chairman of the Committee on the to honor the national heritage of the United $1,850,000,000. Budget of the Senate may revise the alloca- States, and to recognize the Federal public On page 23, line 3, increase the amount by tions of a committee or committees, aggre- land as national treasures that belong to all $3,090,000,000. gates, and other appropriate levels in this people of the United States by the amounts On page 23, line 4, increase the amount by resolution, and make adjustments to the provided in such legislation for those pur- $3,090,000,000. pay-as-you-go ledger, for one or more bills, poses, provided that such legislation would On page 23, line 7, increase the amount by joint resolutions, amendments, amendments not increase the deficit over either the pe- $4,035,000,000. between the Houses, motions, or conference riod of the total of fiscal years 2018 through On page 23, line 8, increase the amount by reports relating to increasing consumer pri- 2022 or the period of the total of fiscal years $4,035,000,000. vacy and transparency in the collection and 2018 through 2027. On page 23, line 11, increase the amount by use of personal data by nationwide consumer reporting agencies by the amounts provided $4,955,000,000. SA 1510. Ms. HIRONO submitted an On page 23, line 12, increase the amount by in such legislation for those purposes, pro- $4,955,000,000. vided that such legislation would not in- amendment intended to be proposed to On page 23, line 15, increase the amount by crease the deficit over either the period of amendment SA 1116 proposed by Mr. $5,955,000,000. the total of fiscal years 2018 through 2022 or ENZI to the concurrent resolution H. On page 23, line 16, increase the amount by the period of the total of fiscal years 2018 Con. Res. 71, establishing the congres- $5,955,000,000. through 2027. sional budget for the United States On page 23, line 19, increase the amount by Government for fiscal year 2018 and SA 1508. Ms. HIRONO submitted an $6,925,000,000. setting forth the appropriate budgetary amendment intended to be proposed to On page 23, line 20, increase the amount by levels for fiscal years 2019 through 2027; $6,925,000,000. amendment SA 1116 proposed by Mr. which was ordered to lie on the table; On page 23, line 23, increase the amount by ENZI to the concurrent resolution H. as follows: $7,770,000,000. Con. Res. 71, establishing the congres- On page 23, line 24, increase the amount by sional budget for the United States At the end of title III, add the following: $7,770,000,000. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND On page 24, line 2, increase the amount by Government for fiscal year 2018 and RELATING TO PRIORITIZING THE $8,475,000,000. setting forth the appropriate budgetary USE OF NATIVE PLANTS BY PUBLIC On page 24, line 3, increase the amount by levels for fiscal years 2019 through 2027; LAND MANAGERS. $8,475,000,000. which was ordered to lie on the table; The Chairman of the Committee on the On page 24, line 6, increase the amount by as follows: Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- $9,010,000,000. At the end of title III, add the following: On page 24, line 7, increase the amount by gates, and other appropriate levels in this SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the $9,010,000,000. RELATING TO IMPLEMENTING REC- On page 47, line 6, decrease the amount by pay-as-you-go ledger, for one or more bills, OMMENDATIONS IN THE REGIONAL joint resolutions, amendments, amendments $52,585,000,000. BIOSECURITY PLAN FOR MICRO- At the end of subtitle A of title IV, add the NESIA AND HAWAII OF THE DEPART- between the Houses, motions, or conference following: MENT OF THE NAVY. reports relating to prioritizing the use of na- tive plants by public land managers by the SEC. 4ll. POINT OF ORDER AGAINST AN IN- The Chairman of the Committee on the CREASE IN PAYMENTS FOR FED- Budget of the Senate may revise the alloca- amounts provided in such legislation for ERAL STUDENT LOAN BORROWERS. tions of a committee or committees, aggre- those purposes, provided that such legisla- (a) POINT OF ORDER.—It shall not be in gates, and other appropriate levels in this tion would not increase the deficit over ei- order in the Senate to consider a bill, joint resolution, and make adjustments to the ther the period of the total of fiscal years resolution, motion, amendment, amendment pay-as-you-go ledger, for one or more bills, 2018 through 2022 or the period of the total of between the Houses, or conference report joint resolutions, amendments, amendments fiscal years 2018 through 2027. that would reduce the benefits available to between the Houses, motions, or conference current or future Federal student loan bor- reports relating to implementing rec- SA 1511. Ms. HIRONO submitted an rowers using income-driven repayment pro- ommendations in the Regional Biosecurity amendment intended to be proposed to grams under part B or D of title IV of the Plan for Micronesia and Hawaii of the De- amendment SA 1116 proposed by Mr. Higher Education Act of 1965 (20 U.S.C. 1071 partment of the Navy by the amounts pro- ENZI to the concurrent resolution H.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.117 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6686 CONGRESSIONAL RECORD — SENATE October 19, 2017 Con. Res. 71, establishing the congres- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND sional budget for the United States RELATING TO ADDRESSING DE- RELATING TO STIMULATING INNO- FERRED MAINTENANCE AT SCHOOLS VATION TO ADVANCE THE ABILITY Government for fiscal year 2018 and OF AGRICULTURE IN THE UNITED OF THE UNITED STATES TO UNDER- setting forth the appropriate budgetary STATES AND AGRICULTURAL RE- STAND, RESEARCH, OR MONITOR levels for fiscal years 2019 through 2027; SEARCH SERVICE RESEARCH FA- CORAL REEF ECOSYSTEMS, OR TO CILITIES. DEVELOP MANAGEMENT OR ADAP- which was ordered to lie on the table; TATION OPTIONS TO PRESERVE, as follows: The Chairman of the Committee on the SUSTAIN, AND RESTORE CORAL Budget of the Senate may revise the alloca- REEF ECOSYSTEMS. At the end of title III, add the following: tions of a committee or committees, aggre- The Chairman of the Committee on the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND gates, and other appropriate levels in this Budget of the Senate may revise the alloca- RELATING TO ESTABLISHING PUB- resolution, and make adjustments to the LIC SHELTERS RATED TO WITH- tions of a committee or committees, aggre- STAND UP TO CATEGORY 5 HURRI- pay-as-you-go ledger, for one or more bills, gates, and other appropriate levels in this CANE WINDS ALONG COASTLINES joint resolutions, amendments, amendments resolution, and make adjustments to the AND WITHIN ISLAND COMMUNITIES. between the Houses, motions, or conference pay-as-you-go ledger, for one or more bills, The Chairman of the Committee on the reports relating to addressing deferred main- joint resolutions, amendments, amendments Budget of the Senate may revise the alloca- tenance at schools of agriculture in the between the Houses, motions, or conference tions of a committee or committees, aggre- United States and Agricultural Research reports relating to stimulating innovation to gates, and other appropriate levels in this Service research facilities by the amounts advance the ability of the United States to resolution, and make adjustments to the provided in such legislation for those pur- understand, research, or monitor coral reef ecosystems, or to develop management or pay-as-you-go ledger, for one or more bills, poses, provided that such legislation would adaptation options to preserve, sustain, and joint resolutions, amendments, amendments not increase the deficit over either the pe- between the Houses, motions, or conference restore coral reef ecosystems, by the riod of the total of fiscal years 2018 through amounts provided in such legislation for reports relating to establishing public shel- 2022 or the period of the total of fiscal years ters rated to withstand up to category 5 hur- those purposes, provided that such legisla- 2018 through 2027. ricane winds along coastlines and within is- tion would not increase the deficit over ei- land communities by the amounts provided ther the period of the total of fiscal years in such legislation for those purposes, pro- 2018 through 2022 or the period of the total of SA 1514. Ms. HIRONO submitted an fiscal years 2018 through 2027. vided that such legislation would not in- amendment intended to be proposed to crease the deficit over either the period of the total of fiscal years 2018 through 2022 or amendment SA 1116 proposed by Mr. the period of the total of fiscal years 2018 ENZI to the concurrent resolution H. SA 1516. Ms. HIRONO submitted an through 2027. Con. Res. 71, establishing the congres- amendment intended to be proposed to amendment SA 1116 proposed by Mr. sional budget for the United States ENZI to the concurrent resolution H. Government for fiscal year 2018 and SA 1512. Ms. HIRONO submitted an Con. Res. 71, establishing the congres- amendment intended to be proposed to setting forth the appropriate budgetary sional budget for the United States amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; Government for fiscal year 2018 and ENZI to the concurrent resolution H. which was ordered to lie on the table; setting forth the appropriate budgetary Con. Res. 71, establishing the congres- as follows: levels for fiscal years 2019 through 2027; sional budget for the United States At the end of title III, add the following: which was ordered to lie on the table; Government for fiscal year 2018 and as follows: setting forth the appropriate budgetary SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND levels for fiscal years 2019 through 2027; RELATING TO ADDRESSING THE DE- At the end of title III, add the following: which was ordered to lie on the table; FERRED MAINTENANCE BACKLOG OF THE NATIONAL PARK SERVICE. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND as follows: RELATING TO INVESTING IN CLEAN The Chairman of the Committee on the ENERGY AND PRESERVING THE EN- At the end of title III, add the following: Budget of the Senate may revise the alloca- VIRONMENT. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND tions of a committee or committees, aggre- The Chairman of the Committee on the RELATING TO ADDRESSING gates, and other appropriate levels in this Budget of the Senate may revise the alloca- INVASIVE SPECIES THAT THREATEN THE DOMESTIC COFFEE AND MACA- resolution, and make adjustments to the tions of a committee or committees, aggre- DAMIA NUT INDUSTRIES AND NA- pay-as-you-go ledger, for one or more bills, gates, and other appropriate levels in this TIVE OHIA TREES. joint resolutions, amendments, amendments resolution, and make adjustments to the The Chairman of the Committee on the between the Houses, motions, or conference pay-as-you-go ledger, for one or more bills, Budget of the Senate may revise the alloca- reports relating to reducing the deferred joint resolutions, amendments, amendments tions of a committee or committees, aggre- maintenance backlog of the National Park between the Houses, motions, or conference gates, and other appropriate levels in this Service, supporting the capacity of the Na- reports relating to energy conservation and resolution, and make adjustments to the tional Park Service to meet annual mainte- renewable energy development or new or ex- isting approaches to clean energy financing, pay-as-you-go ledger, for one or more bills, nance needs, or ensuring that the repair, sta- joint resolutions, amendments, amendments reducing greenhouse gas emissions levels, or bilization, or reconstruction of infrastruc- Federal programs for land and water con- between the Houses, motions, or conference ture is compliant with all applicable historic reports relating to addressing invasive spe- servation and acquisition or the preserva- preservation and natural resource standards tion, restoration, or protection of public cies that threaten the domestic coffee and by the amounts provided in such legislation macadamia nut industries and native ohia land, oceans, coastal areas, or aquatic eco- for those purposes, provided that such legis- trees by the amounts provided in such legis- systems by the amounts provided in such lation for those purposes, provided that such lation would not increase the deficit over ei- legislation for those purposes, provided that legislation would not increase the deficit ther the period of the total of fiscal years such legislation would not increase the def- over either the period of the total of fiscal 2018 through 2022 or the period of the total of icit over either the period of the total of fis- years 2018 through 2022 or the period of the fiscal years 2018 through 2027. cal years 2018 through 2022 or the period of total of fiscal years 2018 through 2027. the total of fiscal years 2018 through 2027. SA 1515. Ms. HIRONO (for herself and Ms. HIRONO (for herself and SA 1513. Ms. HIRONO (for herself and Mr. MARKEY) submitted an amendment SA 1517. Mr. WYDEN) submitted an amendment Mr. KING) submitted an amendment in- intended to be proposed to amendment tended to be proposed to amendment intended to be proposed to amendment SA 1116 proposed by Mr. ENZI to the SA 1116 proposed by Mr. ENZI to the SA 1116 proposed by Mr. ENZI to the concurrent resolution H. Con. Res. 71, concurrent resolution H. Con. Res. 71, concurrent resolution H. Con. Res. 71, establishing the congressional budget establishing the congressional budget establishing the congressional budget for the United States Government for for the United States Government for for the United States Government for fiscal year 2018 and setting forth the fiscal year 2018 and setting forth the fiscal year 2018 and setting forth the appropriate budgetary levels for fiscal appropriate budgetary levels for fiscal appropriate budgetary levels for fiscal years 2019 through 2027; which was or- years 2019 through 2027; which was or- years 2019 through 2027; which was or- dered to lie on the table; as follows: dered to lie on the table; as follows: dered to lie on the table; as follows: At the end of title III, add the following: At the end of title III, add the following: At the end of title III, add the following:

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.118 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6687 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the for the United States Government for RELATING TO ENHANCING THE pay-as-you-go ledger, for one or more bills, fiscal year 2018 and setting forth the READINESS OF THE ARMED FORCES joint resolutions, amendments, amendments appropriate budgetary levels for fiscal BY IMPROVING ENERGY RESILIENCE between the Houses, motions, or conference ON MILITARY INSTALLATIONS. years 2019 through 2027; which was or- reports relating to— The Chairman of the Committee on the (1) strengthening and reaffirming the Fed- dered to lie on the table; as follows: Budget of the Senate may revise the alloca- eral policy in favor of collective bargaining; At the end of title III, add the following: tions of a committee or committees, aggre- (2) stiffening penalties for companies that SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND gates, and other appropriate levels in this violate workers’ rights to unionize and act RELATING TO HARDROCK MINING resolution, and make adjustments to the collectively; REFORM. pay-as-you-go ledger, for one or more bills, (3) ending company interference in union The Chairman of the Committee on the joint resolutions, amendments, amendments organizing campaigns; Budget of the Senate may revise the alloca- between the Houses, motions, or conference (4) preserving the use of official time; tions of a committee or committees, aggre- reports relating to enhancing the readiness (5) prohibiting permanent replacement of gates, and other appropriate levels in this of the Armed Forces, which may include leg- striking workers; and resolution, and make adjustments to the islation that improves energy resilience on (6) expanding the benefits of the collective pay-as-you-go ledger, for one or more bills, military installations, including the use of bargaining process to new and emerging em- joint resolutions, amendments, amendments cyber-secure microgrids, energy storage, or ployment sectors; between the Houses, motions, or conference renewable energy and other projects that reports relating to Federal land manage- by the amounts provided in such legislation provide power directly to a military facility ment, which may include provisions relating for those purposes, provided that such legis- or installation, by the amounts provided in to budget deficit reduction, establishment of lation would not increase the deficit over ei- such legislation for those purposes, provided a reclamation fund, imposition of a locatable ther the period of the total of fiscal years that such legislation would not increase the mineral royalty, revenue sharing with 2018 through 2022 or the period of the total of deficit over either the period of the total of States, and improvements to the permitting fiscal years 2018 through 2027. fiscal years 2018 through 2022 or the period of process, by the amounts provided in such the total of fiscal years 2018 through 2027. SA 1520. Mr. REED (for himself and legislation for those purposes, provided that such legislation would not increase the def- Mr. BROWN) submitted an amendment SA 1518. Ms. HIRONO submitted an icit over either the period of the total of fis- amendment intended to be proposed to intended to be proposed to amendment cal years 2018 through 2022 or the period of amendment SA 1116 proposed by Mr. SA 1116 proposed by Mr. ENZI to the the total of fiscal years 2018 through 2027. ENZI to the concurrent resolution H. concurrent resolution H. Con. Res. 71, Con. Res. 71, establishing the congres- establishing the congressional budget SA 1523. Mr. COONS submitted an sional budget for the United States for the United States Government for amendment intended to be proposed to Government for fiscal year 2018 and fiscal year 2018 and setting forth the amendment SA 1116 proposed by Mr. setting forth the appropriate budgetary appropriate budgetary levels for fiscal ENZI to the concurrent resolution H. levels for fiscal years 2019 through 2027; years 2019 through 2027; which was or- Con. Res. 71, establishing the congres- which was ordered to lie on the table; dered to lie on the table; as follows: sional budget for the United States as follows: At the end of title III, add the following: Government for fiscal year 2018 and At the end of title III, add the following: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND setting forth the appropriate budgetary RELATING TO INVESTMENTS IN IM- levels for fiscal years 2019 through 2027; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND PROVING PRE-DISASTER MITIGA- which was ordered to lie on the table; RELATING TO IMPROVING THE RELI- TION, FLOOD MAPPING, FLOOD MITI- ABILITY AND RESILIENCE OF THE GATION, AND RESILIENCE. as follows: ELECTRIC GRID IN ISLANDED COM- The Chairman of the Committee on the At the end of title III, add the following: MUNITIES. Budget of the Senate may revise the alloca- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND The Chairman of the Committee on the tions of a committee or committees, aggre- RELATING TO REQUIRING THE Budget of the Senate may revise the alloca- gates, and other appropriate levels in this WHITE HOUSE OFFICE TO MAKE VIS- tions of a committee or committees, aggre- resolution, and make adjustments to the ITOR LOGS PUBLICLY AVAILABLE. gates, and other appropriate levels in this pay-as-you-go ledger, for one or more bills, The Chairman of the Committee on the resolution, and make adjustments to the joint resolutions, amendments, amendments Budget of the Senate may revise the alloca- pay-as-you-go ledger, for one or more bills, between the Houses, motions, or conference tions of a committee or committees, aggre- joint resolutions, amendments, amendments reports relating to investments in improving gates, and other appropriate levels in this between the Houses, motions, or conference pre-disaster mitigation, flood mapping, flood resolution, and make adjustments to the reports relating to improving the reliability mitigation, and resilience by the amounts pay-as-you-go ledger, for one or more bills, and resilience of the electric grid in islanded provided in such legislation for those pur- joint resolutions, amendments, amendments communities or communities affected by poses, provided that such legislation would between the Houses, motions, or conference natural disasters, including through the use not increase the deficit over either the pe- reports relating to requiring the White of microgrids, energy storage, and renewable riod of the total of fiscal years 2018 through House Office to make visitor logs publicly power sources, by the amounts provided in 2022 or the period of the total of fiscal years available, including visitors to the White such legislation for those purposes, provided 2018 through 2027. House, Mar-a-Lago, and the Trump National that such legislation would not increase the Golf Club in Bedminster, New Jersey, by the deficit over either the period of the total of SA 1521. Mr. REED (for himself, Mr. amounts provided in such legislation for fiscal years 2018 through 2022 or the period of WHITEHOUSE, and Mr. BROWN) sub- those purposes, provided that such legisla- the total of fiscal years 2018 through 2027. mitted an amendment intended to be tion would not increase the deficit over ei- proposed to amendment SA 1116 pro- ther the period of the total of fiscal years SA 1519. Ms. HIRONO (for herself, 2018 through 2022 or the period of the total of Mrs. MURRAY, and Ms. WARREN) sub- posed by Mr. ENZI to the concurrent fiscal years 2018 through 2027. mitted an amendment intended to be resolution H. Con. Res. 71, establishing proposed to amendment SA 1116 pro- the congressional budget for the United SA 1524. Mr. COONS (for himself and posed by Mr. ENZI to the concurrent States Government for fiscal year 2018 Mr. BOOKER) submitted an amendment resolution H. Con. Res. 71, establishing and setting forth the appropriate budg- intended to be proposed to amendment the congressional budget for the United etary levels for fiscal years 2019 SA 1116 proposed by Mr. ENZI to the States Government for fiscal year 2018 through 2027; which was ordered to lie concurrent resolution H. Con. Res. 71, and setting forth the appropriate budg- on the table; as follows: establishing the congressional budget etary levels for fiscal years 2019 On page 79, line 2, insert ‘‘, including the for the United States Government for through 2027; which was ordered to lie costs of fraud, waste, abuse, and crime re- fiscal year 2018 and setting forth the sulting from any deregulation’’ after ‘‘vari- appropriate budgetary levels for fiscal on the table; as follows: ables’’. At the end of title III, add the following: years 2019 through 2027; which was or- dered to lie on the table; as follows: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SA 1522. Mr. UDALL (for himself, Mr. RELATING TO STRENGTHENING AND HEINRICH, Mr. BENNET, Mr. WYDEN, and On page 65, strike lines 1 through 17 and in- EXPANDING COLLECTIVE BAR- sert the following: Mr. MARKEY) submitted an amendment GAINING RIGHTS. (b) EXCEPTIONS.—Advance appropriations The Chairman of the Committee on the intended to be proposed to amendment may be provided— Budget of the Senate may revise the alloca- SA 1116 proposed by Mr. ENZI to the (1) for fiscal years 2019 and 2020 for pro- tions of a committee or committees, aggre- concurrent resolution H. Con. Res. 71, grams, projects, activities, or accounts iden- gates, and other appropriate levels in this establishing the congressional budget tified in the joint explanatory statement of

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.119 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6688 CONGRESSIONAL RECORD — SENATE October 19, 2017 managers accompanying this concurrent res- termined by the Chairman of the Committee sional budget for the United States olution under the heading ‘‘Accounts Identi- on the Budget of the Senate under the au- Government for fiscal year 2018 and fied for Advance Appropriations’’ in an ag- thority under section 312 of the Congres- setting forth the appropriate budgetary gregate amount not to exceed $33,952,000,000 sional Budget Act of 1974 (2 U.S.C. 643); and levels for fiscal years 2019 through 2027; in new budget authority in each fiscal year; (2) the term ‘‘covered legislation’’ means a (2) for the Corporation for Public Broad- bill, joint resolution, amendment between which was ordered to lie on the table; casting; the Houses, or conference report. as follows: (3) for the Department of Veterans Affairs (b) POINT OF ORDER.—It shall not be in At the end of title III, add the following: for the Medical Services, Medical Support order in the Senate to proceed to consider- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND and Compliance, Veterans Medical Commu- ation of any covered legislation unless, not RELATING TO THE JOINT INTEGRA- nity Care, and Medical Facilities accounts of later than 28 hours before the time the Sen- TION OF THE MODERNIZATION AND the Veterans Health Administration; and ate proceeds to consideration of the covered SUSTAINMENT OF THE UNITED (4) for Northeast Corridor Grants and Na- legislation, a covered estimate with respect STATES NUCLEAR TRIAD. tional Network Grants to the National Rail- to the covered legislation is made publicly The Chairman of the Committee on the road Passenger Corporation (commonly available— Budget of the Senate may revise the alloca- known as ‘‘Amtrak’’). (1) by the Chairman of the Committee on tions of a committee or committees, aggre- the Budget of the Senate; or gates, and other appropriate levels in this SA 1525. Mr. BROWN (for himself, (2) on the website of the Congressional resolution, and make adjustments to the Mr. WYDEN, Mr. BLUMENTHAL, Mr. BEN- Budget Office. pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments NET, Mrs. MURRAY, Mr. BOOKER, Mr. (c) SUPERMAJORITY WAIVER AND APPEAL.— between the Houses, motions, or conference WARNER, Mr. CASEY, Ms. HEITKAMP, and (1) WAIVER.—Subsection (b) may be waived or suspended in the Senate only by an af- reports relating to the joint integration of Ms. WARREN) submitted an amendment firmative vote of three-fifths of the Mem- the modernization and sustainment of the intended to be proposed to amendment bers, duly chosen and sworn. United States nuclear triad by the amounts SA 1116 proposed by Mr. ENZI to the (2) APPEAL.—An affirmative vote of three- provided in such legislation for those pur- concurrent resolution H. Con. Res. 71, fifths of the Members of the Senate, duly poses, provided that such legislation would establishing the congressional budget chosen and sworn, shall be required to sus- not increase the deficit over either the pe- for the United States Government for tain an appeal of the ruling of the Chair riod of the total of fiscal years 2018 through fiscal year 2018 and setting forth the under subsection (b) with respect to a mo- 2022 or the period of the total of fiscal years 2018 through 2027. appropriate budgetary levels for fiscal tion to proceed. years 2019 through 2027; which was or- SA 1527. Mr. LEE submitted an SA 1529. Mr. DAINES submitted an dered to lie on the table; as follows: amendment intended to be proposed to amendment intended to be proposed to At the end of title III, add the following: amendment SA 1116 proposed by Mr. amendment SA 1116 proposed by Mr. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ENZI to the concurrent resolution H. ENZI to the concurrent resolution H. RELATING TO HELPING STATES, COUNTIES, AND INDIAN TRIBES AD- Con. Res. 71, establishing the congres- Con. Res. 71, establishing the congres- DRESS THE RECENT INCREASE IN sional budget for the United States sional budget for the United States FOSTER CARE ENTRIES DRIVEN BY Government for fiscal year 2018 and Government for fiscal year 2018 and THE OPIOID EPIDEMIC. setting forth the appropriate budgetary setting forth the appropriate budgetary The Chairman of the Committee on the levels for fiscal years 2019 through 2027; Budget of the Senate may revise the alloca- levels for fiscal years 2019 through 2027; tions of a committee or committees, aggre- which was ordered to lie on the table; which was ordered to lie on the table; gates, and other appropriate levels in this as follows: as follows: resolution, and make adjustments to the At the end of title III, add the following: At the end of title III, add the following: pay-as-you-go ledger, for one or more bills, SEC. 3ll. SPENDING-NEUTRAL RESERVE FUND SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND joint resolutions, amendments, amendments RELATING TO COMPREHENSIVE RE- RELATING TO DECREASING RATES between the Houses, motions, or conference VIEWS OF THE UNITED STATES GOV- OF METHAMPHETAMINE USE IN NA- reports relating to helping States, counties, ERNMENT’S PARTICIPATION IN AND TIVE AMERICAN COMMUNITIES. and Indian Tribes address the recent increase FUNDING OF THE UNITED NATIONS The Chairman of the Committee on the in foster care entries driven by the opioid AND UNITED NATIONS-AFFILIATED Budget of the Senate may revise the alloca- ORGANIZATIONS AND THE ORGANI- tions of a committee or committees, aggre- epidemic through means such as allowing ZATION OF AMERICAN STATES, TO Federal child welfare matching funds to be THE IMPLEMENTATION OF THE OAS gates, and other appropriate levels in this used for substance use treatment and other REVITALIZATION AND REFORM ACT resolution, and make adjustments to the evidence-based programs to help families OF 2013, AND TO COMPILING A RE- pay-as-you-go ledger, for one or more bills, stay safely together, providing resources to PORT ON FEDERAL SPENDING IN joint resolutions, amendments, amendments grandparents and other relatives, and im- FOREIGN NATIONS. between the Houses, motions, or conference proving the quality and oversight of Feder- The Chairman of the Committee on the reports relating to decreasing rates of meth- ally-funded foster care programs, by the Budget of the Senate may revise the alloca- amphetamine use in Native American com- amounts provided in such legislation for tions of a committee or committees, aggre- munities, by the amounts provided in such those purposes, provided that such legisla- gates, and other appropriate levels in this legislation for those purposes, provided that tion would not increase the deficit over ei- resolution, and make adjustments to the such legislation would not increase the def- ther the period of the total of fiscal years pay-as-you-go ledger, for one or more bills, icit over either the period of the total of fis- 2018 through 2022 or the period of the total of joint resolutions, amendments, amendments cal years 2018 through 2022 or the period of fiscal years 2018 through 2027. between the Houses, motions, or conference the total of fiscal years 2018 through 2027. reports relating to comprehensive reviews of SA 1526. Mr. LEE submitted an the United States Government’s participa- SA 1530. Mr. DAINES submitted an amendment intended to be proposed to tion in and funding of the United Nations amendment intended to be proposed to amendment SA 1116 proposed by Mr. and United Nations-affiliated organizations amendment SA 1116 proposed by Mr. and the United States Government’s partici- ENZI to the concurrent resolution H. ENZI to the concurrent resolution H. pation in and funding of the Organization of Con. Res. 71, establishing the congres- American States, to the implementation of Con. Res. 71, establishing the congres- sional budget for the United States the OAS Revitalization and Reform Act of sional budget for the United States Government for fiscal year 2018 and 2013, and to compiling a report on Federal Government for fiscal year 2018 and setting forth the appropriate budgetary spending in foreign nations, by the amounts setting forth the appropriate budgetary levels for fiscal years 2019 through 2027; provided in such legislation for those pur- levels for fiscal years 2019 through 2027; which was ordered to lie on the table; poses, provided that such legislation would which was ordered to lie on the table; as follows: not raise new revenue and would not in- as follows: crease the deficit over either the period of At the end of subtitle A of title IV, add the the total of fiscal years 2018 through 2022 or At the end of title III, add the following: following: the period of the total of fiscal years 2018 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SEC. 41ll. PROHIBITION ON PROCEEDING TO through 2027. RELATING TO ADDRESSING THE DE- CONSIDERATION OF LEGISLATION FERRED MAINTENANCE NEEDS OF THE NATIONAL PARK SERVICE. WITHOUT A SCORE IN THE SENATE. SA 1528. Mr. YOUNG submitted an (a) DEFINITIONS.—In this section— The Chairman of the Committee on the (1) the term ‘‘covered estimate’’, with re- amendment intended to be proposed to Budget of the Senate may revise the alloca- spect to covered legislation, means an esti- amendment SA 1116 proposed by Mr. tions of a committee or committees, aggre- mate of the costs which would be incurred in ENZI to the concurrent resolution H. gates, and other appropriate levels in this carrying out the covered legislation, as de- Con. Res. 71, establishing the congres- resolution, and make adjustments to the

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.120 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6689 pay-as-you-go ledger, for one or more bills, On page 5, line 14, increase the amount by ENZI to the concurrent resolution H. joint resolutions, amendments, amendments $1,015,000,000. Con. Res. 71, establishing the congres- between the Houses, motions, or conference On page 5, line 15, increase the amount by sional budget for the United States reports relating to addressing the deferred $1,420,000,000. Government for fiscal year 2018 and maintenance needs of the National Park On page 5, line 16, increase the amount by Service by the amounts provided in such leg- $1,765,000,000. setting forth the appropriate budgetary islation for those purposes, provided that On page 5, line 17, increase the amount by levels for fiscal years 2019 through 2027; such legislation would not increase the def- $2,140,000,000. which was ordered to lie on the table; icit over either the period of the total of fis- On page 5, line 18, increase the amount by as follows: cal years 2018 through 2022 or the period of $2,570,000,000. At the end of title III, add the following: On page 5, line 19, increase the amount by the total of fiscal years 2018 through 2027. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $3,015,000,000. RELATING TO SUPPORTING RE- SA 1531. Mr. CASEY (for himself, Ms. On page 5, line 20, increase the amount by SEARCH, SURVEILLANCE, AND EDU- WARREN, Mrs. MURRAY, and Mr. $3,445,000,000. CATION REGARDING NEGLECTED BLUMENTHAL) submitted an amendment On page 5, line 21, increase the amount by TROPICAL DISEASES IN THE UNITED STATES. intended to be proposed to amendment $3,825,000,000. On page 5, line 22, increase the amount by The Chairman of the Committee on the SA 1116 proposed by Mr. ENZI to the $4,105,000,000. Budget of the Senate may revise the alloca- concurrent resolution H. Con. Res. 71, On page 22, line 20, increase the amount by tions of a committee or committees, aggre- establishing the congressional budget $425,000,000. gates, and other appropriate levels in this for the United States Government for On page 22, line 21, increase the amount by resolution, and make adjustments to the fiscal year 2018 and setting forth the $425,000,000. pay-as-you-go ledger, for one or more bills, appropriate budgetary levels for fiscal On page 22, line 24, increase the amount by joint resolutions, amendments, amendments years 2019 through 2027; which was or- $1,015,000,000. between the Houses, motions, or conference reports relating to encouraging the Depart- dered to lie on the table; as follows: On page 22, line 25, increase the amount by $1,015,000,000. ment of Health and Human Services to im- On page 3, line 12, increase the amount by On page 23, line 3, increase the amount by prove research, surveillance, and education $425,000,000. $1,420,000,000. regarding the presence and impact of ne- On page 3, line 13, increase the amount by On page 23, line 4, increase the amount by glected tropical diseases in the United $1,015,000,000. $1,420,000,000. States, by the amounts provided in such leg- On page 4, line 1, increase the amount by On page 23, line 7, increase the amount by islation for those purposes, provided that $1,420,000,000. $1,765,000,000. such legislation would not increase the def- On page 4, line 2, increase the amount by On page 23, line 8, increase the amount by icit over either the period of the total of fis- $1,765,000,000. $1,765,000,000. cal years 2018 through 2022 or the period of On page 4, line 3, increase the amount by On page 23, line 11, increase the amount by the total of fiscal years 2018 through 2027. $2,140,000,000. $2,140,000,000. On page 4, line 4, increase the amount by On page 23, line 12, increase the amount by SA 1533. Mr. BOOKER submitted an $2,570,000,000. $2,140,000,000. amendment intended to be proposed to On page 4, line 5, increase the amount by On page 23, line 15, increase the amount by $3,015,000,000. amendment SA 1116 proposed by Mr. $2,570,000,000. ENZI to the concurrent resolution H. On page 4, line 6, increase the amount by On page 23, line 16, increase the amount by $3,445,000,000. Con. Res. 71, establishing the congres- $2,570,000,000. sional budget for the United States On page 4, line 7, increase the amount by On page 23, line 19, increase the amount by $3,825,000,000. $3,015,000,000. Government for fiscal year 2018 and On page 4, line 8, increase the amount by On page 23, line 20, increase the amount by setting forth the appropriate budgetary $4,105,000,000. $3,015,000,000. levels for fiscal years 2019 through 2027; On page 4, line 12, increase the amount by On page 23, line 23, increase the amount by which was ordered to lie on the table; $425,000,000. $3,445,000,000. On page 4, line 13, increase the amount by as follows: On page 23, line 24, increase the amount by $1,015,000,000. At the end of title III, add the following: $3,445,000,000. On page 4, line 14, increase the amount by lll On page 24, line 2, increase the amount by SEC. 3 . DEFICIT-NEUTRAL RESERVE FUND $1,420,000,000. RELATING TO PROMOTING AND EDU- $3,825,000,000. On page 4, line 15, increase the amount by CATING AMERICANS ABOUT THE On page 24, line 3, increase the amount by $1,765,000,000. OPEN ENROLLMENT PERIOD FOR $3,825,000,000. On page 4, line 16, increase the amount by THE HEALTH INSURANCE EX- On page 24, line 6, increase the amount by CHANGES. $2,140,000,000. $4,105,000,000. The Chairman of the Committee on the On page 4, line 17, increase the amount by On page 24, line 7, increase the amount by Budget of the Senate may revise the alloca- $2,570,000,000. $4,105,000,000. tions of a committee or committees, aggre- On page 4, line 18, increase the amount by On page 47, line 6, decrease the amount by gates, and other appropriate levels in this $3,015,000,000. $23,725,000,000. resolution, and make adjustments to the On page 4, line 19, increase the amount by At the end of subtitle A of title IV, insert pay-as-you-go ledger, for one or more bills, $3,445,000,000. the following: joint resolutions, amendments, amendments On page 4, line 20, increase the amount by between the Houses, motions, or conference $3,825,000,000. SEC. 4lll. POINT OF ORDER AGAINST CUTS TO reports relating to increasing funds for ad- On page 4, line 21, increase the amount by PUBLIC SERVICE LOAN FORGIVE- NESS. vertising, in-person assistance, and other $4,105,000,000. On page 4, line 25, increase the amount by (a) POINT OF ORDER.—It shall not be in outreach activities that would promote and $425,000,000. order in the Senate to consider a bill, joint educate Americans about the open enroll- On page 5, line 1, increase the amount by resolution, motion, amendment, amendment ment period for the health insurance Ex- $1,015,000,000. between the Houses, or conference report changes, by the amounts provided in such On page 5, line 2, increase the amount by that would eliminate or reduce the public legislation for those purposes, provided that $1,420,000,000. service loan forgiveness available under sec- such legislation would not increase the def- On page 5, line 3, increase the amount by tion 455(m) of the Higher Education Act of icit over either the period of the total of fis- $1,765,000,000. 1965 (20 U.S.C. 1087e(m)) to student borrowers cal years 2018 through 2022 or the period of On page 5, line 4, increase the amount by of eligible Federal Direct Loans. the total of fiscal years 2018 through 2027. $2,140,000,000. (b) WAIVER AND APPEAL.—Subsection (a) On page 5, line 5, increase the amount by may be waived or suspended in the Senate SA 1534. Mr. WYDEN submitted an $2,570,000,000. only by an affirmative vote of three-fifths of amendment intended to be proposed to On page 5, line 6, increase the amount by the Members, duly chosen and sworn. An af- amendment SA 1116 proposed by Mr. firmative vote of three-fifths of the Members $3,015,000,000. ENZI to the concurrent resolution H. of the Senate, duly chosen and sworn, shall On page 5, line 7, increase the amount by Con. Res. 71, establishing the congres- $3,445,000,000. be required to sustain an appeal of the ruling of the Chair on a point of order raised under sional budget for the United States On page 5, line 8, increase the amount by Government for fiscal year 2018 and $3,825,000,000. subsection (a). On page 5, line 9, increase the amount by setting forth the appropriate budgetary $4,105,000,000. SA 1532. Mr. BOOKER submitted an levels for fiscal years 2019 through 2027; On page 5, line 13, increase the amount by amendment intended to be proposed to which was ordered to lie on the table; $425,000,000. amendment SA 1116 proposed by Mr. as follows:

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.121 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6690 CONGRESSIONAL RECORD — SENATE October 19, 2017 In Section 2001, strike subsection (b) ty and justice, education, social services and law, by the amounts provided in such legisla- natural resources programs), programs ad- tion for those purposes, provided that such SA 1535. Mr. WYDEN submitted an ministered by the Indian Health Service, and legislation would not increase the deficit amendment intended to be proposed to housing programs carried out pursuant to over either the period of the total of fiscal amendment SA 1116 proposed by Mr. the Native American Housing Assistance and years 2018 through 2022 or the period of the total of fiscal years 2018 through 2027. ENZI to the concurrent resolution H. Self-Determination Act of 1996, by the Con. Res. 71, establishing the congres- amounts provided in such legislation for those purposes, provided that such legisla- SA 1540. Ms. HIRONO submitted an sional budget for the United States tion would not increase the deficit over ei- amendment intended to be proposed to Government for fiscal year 2018 and ther the period of the total of fiscal years amendment SA 1116 proposed by Mr. setting forth the appropriate budgetary 2018 through 2022 or the period of the total of ENZI to the concurrent resolution H. levels for fiscal years 2019 through 2027; fiscal years 2018 through 2027. Con. Res. 71, establishing the congres- which was ordered to lie on the table; sional budget for the United States as follows: SA 1538. Ms. HIRONO submitted an Government for fiscal year 2018 and amendment intended to be proposed to In Section 2001, strike subsection (b) setting forth the appropriate budgetary amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; SA 1536. Mr. KING submitted an ENZI to the concurrent resolution H. which was ordered to lie on the table; amendment intended to be proposed to Con. Res. 71, establishing the congres- as follows: amendment SA 1116 proposed by Mr. sional budget for the United States At the end of title III, add the following: ENZI to the concurrent resolution H. Government for fiscal year 2018 and SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- Con. Res. 71, establishing the congres- setting forth the appropriate budgetary LATING TO PREVENTING U.S. IMMI- sional budget for the United States levels for fiscal years 2019 through 2027; GRATION AND CUSTOMS ENFORCE- which was ordered to lie on the table; MENT FROM DEVIATING FROM ITS Government for fiscal year 2018 and EXISTING SENSITIVE LOCATIONS setting forth the appropriate budgetary as follows: POLICY. levels for fiscal years 2019 through 2027; At the end of title III, add the following: The Chairman of the Committee on the which was ordered to lie on the table; SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- Budget of the Senate may revise the alloca- LATING TO PROHIBITING FEDERAL tions of a committee or committees, aggre- as follows: FUNDING FOR THE CONSTRUCTION gates, and other appropriate levels in this At the end of title III, add the following: OR EXPANSION OF PRIVATELY-RUN resolution, and make adjustments to the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND IMMIGRATION DETENTION FACILI- pay-as-you-go ledger, for one or more bills, RELATING TO TAX RELIEF FOR FAM- TIES. joint resolutions, amendments, amendments ILIES. The Chairman of the Committee on the between the Houses, motions, or conference The Chairman of the Committee on the Budget of the Senate may revise the alloca- reports relating to preventing U.S. Immigra- Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- tion and Customs Enforcement from deviat- tions of a committee or committees, aggre- gates, and other appropriate levels in this ing from its existing sensitive locations pol- gates, and other appropriate levels in this resolution, and make adjustments to the icy or executing enforcement actions at sen- resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, sitive locations by the amounts provided in pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments such legislation for those purposes, provided joint resolutions, amendments, amendments between the Houses, motions, or conference that such legislation would not increase the between the Houses, motions, or conference reports relating to prohibiting funding for deficit over either the period of the total of reports relating to increasing Federal tax re- the construction or expansion of privately- fiscal years 2018 through 2022 or the period of lief for families, which may include amend- run immigration detention facilities by the the total of fiscal years 2018 through 2027. ing the child tax credit and the child and de- amounts provided in such legislation for pendent care tax credit, by the amounts pro- those purposes, provided that such legisla- SA 1541. Mr. SCHATZ (for himself, vided in such legislation for those purposes, tion would not increase the deficit over ei- Ms. CORTEZ MASTO, Mr. UDALL, and Mr. provided that such legislation would not in- ther the period of the total of fiscal years COONS) submitted an amendment in- crease the deficit over either the period of 2018 through 2022 or the period of the total of tended to be proposed to amendment the total of fiscal years 2018 through 2022 or fiscal years 2018 through 2027. SA 1116 proposed by Mr. ENZI to the the period of the total of fiscal years 2018 Ms. HIRONO submitted an concurrent resolution H. Con. Res. 71, through 2027. SA 1539. amendment intended to be proposed to establishing the congressional budget amendment SA 1116 proposed by Mr. for the United States Government for SA 1537. Mr. UDALL submitted an fiscal year 2018 and setting forth the amendment intended to be proposed to ENZI to the concurrent resolution H. Con. Res. 71, establishing the congres- appropriate budgetary levels for fiscal amendment SA 1116 proposed by Mr. years 2019 through 2027; which was or- sional budget for the United States ENZI to the concurrent resolution H. dered to lie on the table; as follows: Con. Res. 71, establishing the congres- Government for fiscal year 2018 and setting forth the appropriate budgetary At the end of title III, add the following: sional budget for the United States SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Government for fiscal year 2018 and levels for fiscal years 2019 through 2027; RELATING TO DEFENDING BROAD- setting forth the appropriate budgetary which was ordered to lie on the table; CAST LICENSEES AND THE FIRST levels for fiscal years 2019 through 2027; as follows: AMENDMENT. At the end of title III, add the following: The Chairman of the Committee on the which was ordered to lie on the table; Budget of the Senate may revise the alloca- as follows: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROTECTING THE tions of a committee or committees, aggre- At the end of title III, add the following: RIGHTS OF ALL AMERICANS TO BE gates, and other appropriate levels in this SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND FREE FROM DISCRIMINATION resolution, and make adjustments to the RELATING TO PROTECTING PRO- BASED ON THEIR SEXUAL ORIENTA- pay-as-you-go ledger, for one or more bills, GRAMS ADMINISTERED BY THE BU- TION, GENDER IDENTITY, RELIGION, joint resolutions, amendments, amendments REAU OF INDIAN AFFAIRS, THE IN- RACE, COLOR, SEX, OR NATIONAL between the Houses, motions, or conference DIAN HEALTH SERVICE, AND ALL ORIGIN. reports relating to prohibiting the Federal OTHER RELEVANT AGENCIES. The Chairman of the Committee on the Communications Commission from revoking The Chairman of the Committee on the Budget of the Senate may revise the alloca- or otherwise impairing, directly or indi- Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- rectly, a broadcast license issued by the tions of a committee or committees, aggre- gates, and other appropriate levels in this Commission simply because the President, gates, and other appropriate levels in this resolution, and make adjustments to the or another member of the Administration of resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, the President, is dissatisfied by the news pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments content aired by the licensee about the joint resolutions, amendments, amendments between the Houses, motions, or conference President or the Administration by the between the Houses, motions, or conference reports, relating to ensuring that Federal amounts provided in such legislation for reports relating to protecting programs ad- agencies protect the rights of all individuals those purposes, provided that such legisla- ministered by the Bureau of Indian Affairs, in the United States to be free from discrimi- tion would not increase the deficit over ei- the Indian Health Service, and all other rel- nation (such as discrimination in employ- ther the period of the total of fiscal years evant agencies, which may include changing ment, contracting, or programs and services) 2018 through 2022 or the period of the total of the scope of sequestration as carried out by based on their sexual orientation, gender fiscal years 2018 through 2027. the Office of Management and Budget, such identity, religion, race, color, sex, or na- as for all programs administered by the Bu- tional origin, in accordance with the Con- SA 1542. Mr. LEE submitted an reau of Indian Affairs (including public safe- stitution of the United States and Federal amendment intended to be proposed to

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.122 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6691 amendment SA 1116 proposed by Mr. (5) the payments in lieu of taxes program; the Members, duly chosen and sworn. An af- ENZI to the concurrent resolution H. or firmative vote of three-fifths of the Members Con. Res. 71, establishing the congres- (6) the secure rural schools and community of the Senate, duly chosen and sworn, shall sional budget for the United States be required to sustain an appeal of the ruling SA 1545. Ms. WARREN (for herself, Government for fiscal year 2018 and of the Chair on a point of order raised under Mr. MENENDEZ, Ms. DUCKWORTH, and subsection (a). setting forth the appropriate budgetary Ms. HIRONO) submitted an amendment levels for fiscal years 2019 through 2027; intended to be proposed to amendment SA 1547. Mr. DAINES (for himself, which was ordered to lie on the table; SA 1116 proposed by Mr. ENZI to the Mr. LANKFORD, Mr. STRANGE, Mr. as follows: concurrent resolution H. Con. Res. 71, BLUNT, and Mrs. ERNST) submitted an At the end of subtitle A of title IV, add the establishing the congressional budget amendment intended to be proposed to following: amendment SA 1116 proposed by Mr. SEC. 41ll. PROHIBITION ON PROCEEDING TO for the United States Government for CONSIDERATION OF LEGISLATION fiscal year 2018 and setting forth the ENZI to the concurrent resolution H. WITHOUT A SCORE IN THE SENATE. appropriate budgetary levels for fiscal Con. Res. 71, establishing the congres- (a) DEFINITIONS.—In this section— years 2019 through 2027; which was or- sional budget for the United States (1) the term ‘‘covered estimate’’, with re- dered to lie on the table; as follows: Government for fiscal year 2018 and spect to covered legislation, means an esti- At the end of subtitle A of title IV, add the setting forth the appropriate budgetary mate of the costs which would be incurred in levels for fiscal years 2019 through 2027; carrying out the covered legislation, as de- following: termined by the Chairman of the Committee SEC. 41ll. POINT OF ORDER AGAINST LEGISLA- which was ordered to lie on the table; on the Budget of the Senate under the au- TION THAT WOULD HARM BABIES as follows: BORN PREMATURELY BY CUTTING thority under section 312 of the Congres- FEDERAL FUNDING FOR MEDICAID At the end of title III, add the following: sional Budget Act of 1974 (2 U.S.C. 643); and THAT SUPPORTS MEDICATIONS, SPE- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (2) the term ‘‘covered legislation’’ means a CIAL EQUIPMENT, AND THERAPIES RELATING TO INCREASING FUNDING bill, joint resolution, amendment between TO HELP THESE BABIES THRIVE FOR COMMUNITY HEALTH CENTERS. the Houses, or conference report. AND PROTECTS THEIR FAMILIES The Chairman of the Committee on the (b) POINT OF ORDER.—It shall not be in FROM BANKRUPTCY. Budget of the Senate may revise the alloca- order in the Senate to proceed to any cov- (a) POINT OF ORDER.—It shall not be in tions of a committee or committees, aggre- ered legislation by motion or by consent un- order in the Senate to consider any bill, gates, and other appropriate levels in this less, not later than 28 hours before the time joint resolution, motion, amendment, resolution, and make adjustments to the the Senate proceeds to consideration of the amendment between the Houses, or con- pay-as-you-go ledger, for one or more bills, covered legislation, a covered estimate with ference report that would harm babies born joint resolutions, amendments, amendments respect to the covered legislation is made prematurely by cutting Federal funding for between the Houses, motions, or conference publicly available— the Medicaid program under title XIX of the reports relating to legislation that would (1) by the Chairman of the Committee on Social Security Act (42 U.S.C. 1396 et seq.), transfer Federal funding from organizations the Budget of the Senate; or which supports medications, special equip- that receive such funding and perform abor- (2) on the website of the Congressional ment, and therapies to help these babies tions to organizations that provide com- Budget Office. thrive and protects their families from bank- prehensive care for women, including com- (c) SUPERMAJORITY WAIVER AND APPEAL.— ruptcy. munity health centers, by the amounts pro- (1) WAIVER.—Subsection (b) may be waived (b) WAIVER AND APPEAL.—Subsection (a) vided in such legislation for such purpose, or suspended in the Senate only by an af- may be waived or suspended in the Senate provided that such legislation would not in- firmative vote of three-fifths of the Mem- only by an affirmative vote of three-fifths of crease the deficit over either the period of bers, duly chosen and sworn. the Members, duly chosen and sworn. An af- the total of fiscal years 2018 through 2022 or (2) APPEAL.—An affirmative vote of three- firmative vote of three-fifths of the Members the period of the total of fiscal years 2018 fifths of the Members of the Senate, duly of the Senate, duly chosen and sworn, shall through 2027. chosen and sworn, shall be required to sus- be required to sustain an appeal of the ruling tain an appeal of the ruling of the Chair of the Chair on a point of order raised under SA 1548. Mr. DAINES submitted an under subsection (b) with respect to a mo- subsection (a). amendment intended to be proposed to tion to proceed. SA 1546. Ms. WARREN (for herself, amendment SA 1116 proposed by Mr. SA 1543. Mr. HEINRICH (for himself Mr. SANDERS, Mr. MARKEY, Mr. MENEN- ENZI to the concurrent resolution H. and Mr. UDALL) submitted an amend- DEZ, Ms. DUCKWORTH, and Ms. HIRONO) Con. Res. 71, establishing the congres- ment intended to be proposed to submitted an amendment intended to sional budget for the United States amendment SA 1116 proposed by Mr. be proposed to amendment SA 1116 pro- Government for fiscal year 2018 and ENZI to the concurrent resolution H. posed by Mr. ENZI to the concurrent setting forth the appropriate budgetary Con. Res. 71, establishing the congres- resolution H. Con. Res. 71, establishing levels for fiscal years 2019 through 2027; sional budget for the United States the congressional budget for the United which was ordered to lie on the table; Government for fiscal year 2018 and States Government for fiscal year 2018 as follows: setting forth the appropriate budgetary and setting forth the appropriate budg- At the end of title III, add the following: levels for fiscal years 2019 through 2027; etary levels for fiscal years 2019 SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND which was ordered to lie on the table; RELATING TO INCREASING BENE- through 2027; which was ordered to lie as follows: FICIARY CHOICE AND INDIVIDUAL on the table; as follows: FREEDOM IN HEALTH CARE. On page 47, strike line 3 and insert the fol- lowing: At the end of subtitle A of title IV, add the The Chairman of the Committee on the In the Senate, not later than November 13, following: Budget of the Senate may revise the alloca- 2017, the Committee on SEC. 41ll. POINT OF ORDER AGAINST LEGISLA- tions of a committee or committees, aggre- On page 47, strike lines 8 through 21. TION THAT WOULD INCREASE THE gates, and other appropriate levels in this LIKELIHOOD OF MEDICAL BANK- resolution, and make adjustments to the SA 1544. Mr. MERKLEY (for himself, RUPTCY FOR AMERICAN FAMILIES, pay-as-you-go ledger, for one or more bills, INCLUDING LEGISLATION THAT joint resolutions, amendments, amendments Mr. WYDEN, and Mrs. MURRAY) sub- WOULD CUT FEDERAL FUNDING FOR mitted an amendment intended to be MEDICAID. between the Houses, motions, or conference proposed to amendment SA 1116 pro- (a) POINT OF ORDER.—It shall not be in reports relating to increasing beneficiary choice and individual freedom in the receipt posed by Mr. ENZI to the concurrent order in the Senate to consider any bill, joint resolution, motion, amendment, of health care, which may include the expan- resolution H. Con. Res. 71, establishing sion of the available uses and contribution the congressional budget for the United amendment between the Houses, or con- ference report that would increase the likeli- limits applicable to health savings accounts, States Government for fiscal year 2018 by the amounts provided in such legislation and setting forth the appropriate budg- hood of medical bankruptcy for families in the United States, including any such bill, for those purposes, provided that such legis- etary levels for fiscal years 2019 joint resolution, motion, amendment, or con- lation would not increase the deficit over ei- through 2027; which was ordered to lie ference report that would result in decreased ther the period of the total of fiscal years on the table; as follows: Federal funding for the Medicaid program 2018 through 2022 or the period of the total of On page 57, strike lines 19 and 20 and insert under title XIX of the Social Security Act fiscal years 2018 through 2027. the following: (42 U.S.C. 1396 et seq.). (4) resources to assist local communities in (b) WAIVER AND APPEAL.—Subsection (a) SA 1549. Mr. DAINES submitted an recovering from damages relating to may be waived or suspended in the Senate amendment intended to be proposed by wildland fires; only by an affirmative vote of three-fifths of him to the concurrent resolution H.

VerDate Sep 11 2014 07:23 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.133 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6692 CONGRESSIONAL RECORD — SENATE October 19, 2017 Con. Res. 71, establishing the congres- TITLE V—BUDGET PROCESS IN THE SEC. 5103. LIMITATION ON CHANGES IN CERTAIN sional budget for the United States HOUSE OF REPRESENTATIVES MANDATORY PROGRAMS. Subtitle A—Budget Enforcement (a) DEFINITION.—In this section, the term Government for fiscal year 2018 and ‘‘change in mandatory programs’’ means a setting forth the appropriate budgetary SEC. 5101. POINT OF ORDER AGAINST INCREAS- provision that— ING LONG-TERM DIRECT SPENDING. levels for fiscal years 2019 through 2027; (1) would have been estimated as affecting (a) POINT OF ORDER.—It shall not be in which was ordered to lie on the table; order in the House of Representatives to con- direct spending or receipts under section 252 as follows: sider any bill or joint resolution, or amend- of the Balanced Budget and Emergency Def- icit Control Act of 1985 (as in effect prior to At the end of title III, add the following: ment thereto or conference report thereon, that would cause a net increase in direct September 30, 2002) if the provision were in- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND spending in excess of $2,500,000,000 in any of cluded in legislation other than appropria- RELATING TO INCREASING TRANS- the 4 consecutive 10-fiscal year periods de- tion Acts; and PARENCY IN HEALTH CARE PRIC- scribed in subsection (b). (2) results in a net decrease in budget au- ING. (b) CONGRESSIONAL BUDGET OFFICE ANAL- thority in the budget year, but does not re- The Chairman of the Committee on the YSIS OF PROPOSALS.—The Director of the sult in a net decrease in outlays over the Budget of the Senate may revise the alloca- Congressional Budget Office shall, to the ex- total of the current year, the budget year, tions of a committee or committees, aggre- tent practicable, prepare an estimate of and all fiscal years covered under the most gates, and other appropriate levels in this whether a bill or joint resolution reported by recently agreed to concurrent resolution on resolution, and make adjustments to the a committee (other than the Committee on the budget. (b) POINT OF ORDER IN THE HOUSE OF REP- pay-as-you-go ledger, for one or more bills, Appropriations), or amendment thereto or RESENTATIVES.— joint resolutions, amendments, amendments conference report thereon, would cause, rel- (1) IN GENERAL.—A provision in a bill or between the Houses, motions, or conference ative to current law, a net increase in direct joint resolution making appropriations for a reports relating to ensuring transparency for spending in the House of Representatives, in full fiscal year that proposes a change in costs and pricing of health care services pro- excess of $2,500,000,000 in any of the 4 con- mandatory programs that, if enacted, would vided through Federal Government programs secutive 10-fiscal year periods beginning cause the absolute value of the total budget under which beneficiaries have a financial after the last fiscal year of this concurrent authority of all such changes in mandatory responsibility, by the amounts provided in resolution. programs enacted in relation to a full fiscal such legislation for those purposes, provided (c) LIMITATION.—In the House of Represent- year to be more than the amount specified in that such legislation would not increase the atives, the provisions of this section shall paragraph (3), shall not be in order in the deficit over either the period of the total of not apply to any bills or joint resolutions, or House of Representatives. fiscal years 2018 through 2022 or the period of amendments thereto or conference reports (2) AMENDMENTS AND CONFERENCE RE- the total of fiscal years 2018 through 2027. thereon, for which the chair of the Com- mittee on the Budget has made adjustments PORTS.—It shall not be in order in the House to the allocations, aggregates, or other budg- of Representatives to consider an amend- SA 1550. Mr. UDALL (for himself and etary levels in this concurrent resolution. ment to, or a conference report on, a bill or Mr. HEINRICH) submitted an amend- (d) DETERMINATIONS OF BUDGET LEVELS.— joint resolution making appropriations for a ment intended to be proposed to For purposes of this section, the levels of net full fiscal year if such amendment thereto or conference report thereon proposes a change amendment SA 1116 proposed by Mr. increases in direct spending shall be deter- mined on the basis of estimates provided by in mandatory programs that, if enacted, ENZI to the concurrent resolution H. the chair of the Committee on the Budget of would cause the absolute value of the total Con. Res. 71, establishing the congres- the House of Representatives. budget authority of all such changes in man- sional budget for the United States (e) SUNSET.—This section shall have no datory programs enacted in relation to a full Government for fiscal year 2018 and force or effect after September 30, 2018. fiscal year to be more than the amount spec- setting forth the appropriate budgetary SEC. 5102. ALLOCATION FOR OVERSEAS CONTIN- ified in paragraph (3). levels for fiscal years 2019 through 2027; GENCY OPERATIONS/GLOBAL WAR (3) AMOUNT.—The amount specified in this which was ordered to lie on the table; ON TERRORISM. paragraph is— (a) SEPARATE ALLOCATION FOR OVERSEAS (A) for fiscal year 2018, $19,100,000,000; as follows: CONTINGENCY OPERATIONS/GLOBAL WAR ON (B) for fiscal year 2019, $17,000,000,000; and At the end of subtitle A of title IV, add the TERRORISM.—In the House of Representa- (C) for fiscal year 2020, $15,000,000,000. following: tives, there shall be a separate allocation of (c) DETERMINATION.—For purposes of this new budget authority and outlays provided section, budgetary levels shall be determined SEC. 41lll. PROHIBITION ON SCORING OF to the Committee on Appropriations for the on the basis of estimates provided by the AMOUNTS FROM SALES OR LEASES purposes of Overseas Contingency Oper- chair of the Committee on the Budget of the OF PUBLIC LAND. ations/Global War on Terrorism, which shall House of Representatives. In the Senate, for purposes of determining be deemed to be an allocation under section SEC. 5104. LIMITATION ON ADVANCE APPROPRIA- budgetary impacts to evaluate points of 302(a) of the Congressional Budget Act of TIONS. order under the Congressional Budget Act of 1974. Section 302(a)(3) of such Act shall not (a) IN GENERAL.—In the House of Rep- 1974 (2 U.S.C. 621 et seq.) or any concurrent apply to such separate allocation. resentatives, except as provided for in sub- resolution on the budget, provisions con- (b) SECTION 302 ALLOCATIONS.—The sepa- section (b), any general appropriation bill or tained in any bill, resolution, amendment, rate allocation referred to in subsection (a) bill or joint resolution continuing appropria- motion, or conference report that generate shall be the exclusive allocation for Overseas tions, or amendment thereto or conference Federal offsetting receipts from the sale or Contingency Operations/Global War on Ter- report thereon, may not provide advance ap- lease of land or interest in land that is part rorism under section 302(b) of the Congres- propriations. of the National Park System, National Wild- sional Budget Act of 1974. The Committee on (b) EXCEPTIONS.—An advance appropriation life Refuge System, National Wild and Sce- Appropriations of the House of Representa- may be provided for programs, projects, ac- nic Rivers System, National Trails System, tives may provide suballocations of such sep- tivities, or accounts identified in the report National Wilderness Preservation System, arate allocation under such section 302(b). or the joint explanatory statement of man- National Forest System, or a National (c) APPLICATION.—For purposes of enforc- agers, as applicable, accompanying this con- Monument shall not be taken into account ing the separate allocation referred to in current resolution under the following head- with respect to the level of budget authority, subsection (a) under section 302(f) of the Con- ings: outlays, or revenues contained in such legis- gressional Budget Act of 1974, the ‘‘first fis- (1) GENERAL.—‘‘Accounts Identified for Ad- lation. cal year’’ and the ‘‘total of fiscal years’’ vance Appropriations’’. shall be deemed to refer to fiscal year 2018. (2) VETERANS.—‘‘Veterans Accounts Identi- Section 302(c) of such Act shall not apply to fied for Advance Appropriations’’. SA 1551. Mr. ENZI submitted an such separate allocation. (c) LIMITATIONS.—The aggregate level of amendment intended to be proposed to (d) DESIGNATIONS.—New budget authority advance appropriations shall not exceed the amendment SA 1116 proposed by Mr. or outlays shall only be counted toward the following: allocation referred to in subsection (a) if des- (1) GENERAL.—$28,852,000,000 in new budget ENZI to the concurrent resolution H. ignated pursuant to section 251(b)(2)(A)(ii) of authority for all programs identified pursu- Con. Res. 71, establishing the congres- the Balanced Budget and Emergency Deficit ant to subsection (b)(1). sional budget for the United States Control Act of 1985. (2) VETERANS.—$70,699,313,000 in new budget Government for fiscal year 2018 and (e) ADJUSTMENTS.—For purposes of sub- authority for programs in the Department of setting forth the appropriate budgetary section (a) for fiscal year 2018, no adjustment Veterans Affairs identified pursuant to sub- levels for fiscal years 2019 through 2027; shall be made under section 314(a) of the section (b)(2). which was ordered to lie on the table; Congressional Budget Act of 1974 if any ad- (d) DEFINITION.—In this section, the term as follows: justment would be made under section ‘‘advance appropriation’’ means any new dis- 251(b)(2)(A)(ii) of the Balanced Budget and cretionary budget authority provided in a At the end, add the following: Emergency Deficit Control Act of 1985. general appropriation bill or joint resolution

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continuing appropriations for fiscal year tion on the budget that sets forth budgetary (b) NPV CALCULATIONS.—The net present 2018, or any amendment thereto or con- levels required under section 301 of the Con- value of any covered energy savings contract ference report thereon, that first becomes gressional Budget Act of 1974; and shall be calculated as follows: available for the first fiscal year following (2) an identification of the critical assump- (1) The discount rate shall reflect market fiscal year 2018. tions and the source of data underlying that risk. SEC. 5105. ESTIMATES OF DEBT SERVICE COSTS. estimate. (2) The cash flows shall include, whether In the House of Representatives, the chair (c) DEFINITIONS.—In this section: classified as mandatory or discretionary, of the Committee on the Budget may direct (1) MAJOR LEGISLATION.—The term ‘‘major payments to contractors under the terms of the Congressional Budget Office to include, legislation’’ means a bill or joint resolution, their contracts, payments to contractors for in any estimate prepared under section 402 of or amendment thereto or conference report other services, and direct savings in energy the Congressional Budget Act of 1974 with re- thereon— and energy-related costs. spect to any bill or joint resolution, an esti- (A) for which an estimate is required to be (3) The stream of payments shall cover the mate of any change in debt service costs re- prepared pursuant to section 402 of the Con- period covered by the contracts but not to sulting from carrying out such bill or resolu- gressional Budget Act of 1974 (2 U.S.C. 653) exceed 25 years. tion. Any estimate of debt service costs pro- and that causes a gross budgetary effect (be- (c) DEFINITION.—As used in this section, vided under this section shall be advisory fore incorporating macroeconomic effects the term ‘‘covered energy savings contract’’ and shall not be used for purposes of enforce- and not including timing shifts) in a fiscal means— ment of such Act, the Rules of the House of year in the period of years of the most re- (1) an energy savings performance contract Representatives, or this concurrent resolu- cently agreed to concurrent resolution on authorized under section 801 of the National tion. This section shall not apply to author- the budget equal to or greater than 0.25 per- Energy Conservation Policy Act; or izations of programs funded by discretionary cent of the current projected gross domestic (2) a utility energy service contract, as de- spending or to appropriation bills or joint product of the United States for that fiscal scribed in the Office of Management and resolutions, but shall apply to changes in the year; or Budget Memorandum on Federal Use of En- authorization level of appropriated entitle- (B) designated as such by— ergy Savings Performance Contracting, ments. (i) the chair of the Committee on the Budg- dated July 25, 1998 (M–98–13), and the Office et of the House of Representatives for all di- of Management and Budget Memorandum on SEC. 5106. FAIR-VALUE CREDIT ESTIMATES. rect spending legislation; or the Federal Use of Energy Saving Perform- (a) ALL CREDIT PROGRAMS.—Whenever the (ii) the Member who is Chairman or Vice ance Contracts and Utility Energy Service Director of the Congressional Budget Office Chairman of the Joint Committee on Tax- Contracts, dated September 28, 2015 (M–12– provides an estimate of any measure that es- ation for revenue legislation. 21), or any successor to either memorandum. tablishes or modifies any program providing (2) BUDGETARY EFFECTS.—The term ‘‘budg- (d) ENFORCEMENT IN THE HOUSE OF REP- loans or loan guarantees, the Director shall etary effects’’ means changes in revenues, di- RESENTATIVES.—In the House of Representa- also, to the extent practicable, provide a rect spending outlays, and deficits. tives, if any net present value of any covered fair-value estimate of such loan or loan guar- (3) TIMING SHIFTS.—The term ‘‘timing energy savings contract calculated under antee program if requested by the chair of shifts’’ means— subsection (b) results in a net savings, then the Committee on the Budget of the House of (A) provisions that cause a delay of the the budgetary effects of such contract shall Representatives. date on which outlays flowing from direct not be counted for purposes of titles III and (b) STUDENT FINANCIAL ASSISTANCE AND spending would otherwise occur from one fis- IV of the Congressional Budget Act of 1974, HOUSING PROGRAMS.—The Director of the this concurrent resolution, or clause 10 of Congressional Budget Office shall provide, to cal year to the next fiscal year; or (B) provisions that cause an acceleration of rule XXI of the Rules of the House of Rep- the extent practicable, a fair-value estimate resentatives. as part of any estimate for any measure that the date on which revenues would otherwise occur from one fiscal year to the prior fiscal (e) CLASSIFICATION OF SPENDING.—For pur- establishes or modifies a loan or loan guar- poses of budget enforcement, the estimated antee program for student financial assist- year. SEC. 5108. ADJUSTMENTS FOR IMPROVED CON- net present value of the budget authority ance or housing (including residential mort- provided by the measure, and outlays flow- gage). TROL OF BUDGETARY RESOURCES. (a) ADJUSTMENTS OF DISCRETIONARY AND ing therefrom, shall be classified as direct (c) BASELINE ESTIMATES.—The Congres- DIRECT SPENDING LEVELS.—In the House of spending. sional Budget Office shall include estimates, Representatives, if a committee (other than (f) SENSE OF THE HOUSE OF REPRESENTA- on a fair-value and credit reform basis, of the Committee on Appropriations) reports a TIVES.—It is the sense of the House of Rep- loan and loan guarantee programs for stu- bill or joint resolution, or an amendment resentatives that— dent financial assistance, housing (including thereto is offered or conference report there- (1) the Director of the Office of Manage- residential mortgage), and such other major on is submitted, providing for a decrease in ment and Budget, in consultation with the loan and loan guarantee programs, as prac- direct spending (budget authority and out- Director of the Congressional Budget Office, ticable, in its The Budget and Economic Out- lays flowing therefrom) for any fiscal year should separately identify the cash flows look: 2018 to 2027. and also provides for an authorization of ap- under subsection (b)(2) and include such in- (d) ENFORCEMENT IN THE HOUSE OF REP- propriations for the same purpose, upon the formation in the President’s annual budget RESENTATIVES.—If the Director of the Con- enactment of such measure, the chair of the submission under section 1105(a) of title 31, gressional Budget Office provides an esti- Committee on the Budget may decrease the United States Code; and mate pursuant to subsection (a) or (b), the allocation to the applicable authorizing com- (2) the scoring method used in this section chair of the Committee on the Budget of the mittee that reports such measure and in- should not be used to score any contracts House of Representatives may use such esti- crease the allocation of discretionary spend- other than covered energy savings contracts. mate to determine compliance with the Con- ing (budget authority and outlays flowing SEC. 5110. LIMITATION ON TRANSFERS FROM gressional Budget Act of 1974 and other budg- therefrom) to the Committee on Appropria- THE GENERAL FUND OF THE TREAS- et enforcement requirements. tions for fiscal year 2018 by an amount equal URY TO THE HIGHWAY TRUST FUND. SEC. 5107. ESTIMATES OF MACROECONOMIC EF- to the new budget authority (and outlays In the House of Representatives, for pur- FECTS OF MAJOR LEGISLATION. flowing therefrom) provided for in a bill or poses of the Congressional Budget Act of (a) CBO AND JCT ESTIMATES.—During the joint resolution making appropriations for 1974, the Balanced Budget and Emergency 115th Congress, any estimate of major legis- the same purpose. Deficit Control Act of 1985, and the rules or lation considered in the House of Represent- (b) DETERMINATIONS.—In the House of Rep- orders of the House of Representatives, a bill atives provided by the Congressional Budget resentatives, for purposes of enforcing this or joint resolution, or an amendment thereto Office under section 402 of the Congressional concurrent resolution, the allocations and or conference report thereon, that transfers Budget Act of 1974 or by the Joint Com- aggregate levels of new budget authority, funds from the general fund of the Treasury mittee on Taxation to the Congressional outlays, direct spending, revenues, deficits, to the Highway Trust Fund shall be counted Budget Office under section 201(f) of such Act and surpluses for fiscal year 2018 and the as new budget authority and outlays equal to shall, to the extent practicable, incorporate total of fiscal years 2018 through 2027 shall be the amount of the transfer in the fiscal year the budgetary effects of changes in economic determined on the basis of estimates made the transfer occurs. output, employment, capital stock, and by the chair of the Committee on the Budget SEC. 5111. PROHIBITION ON USE OF FEDERAL RE- other macroeconomic variables resulting and such chair may adjust the applicable lev- SERVE SURPLUSES AS AN OFFSET. from such major legislation. els in this concurrent resolution. In the House of Representatives, any provi- (b) CONTENTS.—Any estimate referred to in SEC. 5109. SCORING RULE FOR ENERGY SAVINGS sion of a bill or joint resolution, or amend- subsection (a) shall, to the extent prac- PERFORMANCE CONTRACTS. ment thereto or conference report thereon, ticable, include— (a) IN GENERAL.—The Director of the Con- that transfers any portion of the net surplus (1) a qualitative assessment of the budg- gressional Budget Office shall estimate pro- of the Federal Reserve System to the general etary effects (including macroeconomic vari- visions of any bill or joint resolution, or fund of the Treasury shall not be counted for ables described in subsection (a)) of the amendment thereto or conference report purposes of enforcing the Congressional major legislation in the 20-fiscal year period thereon, that provides the authority to enter Budget Act of 1974, this concurrent resolu- beginning after the last fiscal year of the into or modify any covered energy savings tion, or clause 10 of rule XXI of the Rules of most recently agreed to concurrent resolu- contract on a net present value basis (NPV). the House of Representatives.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.135 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6694 CONGRESSIONAL RECORD — SENATE October 19, 2017 SEC. 5112. PROHIBITION ON USE OF GUARANTEE the allocations, aggregates, and other budg- SEC. 5207. EXERCISE OF RULEMAKING POWERS. FEES AS AN OFFSET. etary levels of this concurrent resolution The House of Representatives adopts the In the House of Representatives, any provi- shall not be subject to the points of order set provisions of this title and section 2002— sion of a bill or joint resolution, or amend- forth in clause 10 of rule XXI of the Rules of (1) as an exercise of the rulemaking power ment thereto or conference report thereon, the House of Representatives or section 5101 of the House of Representatives, and as such that increases, or extends the increase of, of this concurrent resolution. they shall be considered as part of the rules any guarantee fees of the Federal National (e) OTHER ADJUSTMENTS.—The chair of the of the House of Representatives, and such Mortgage Association (Fannie Mae) or the Committee on the Budget of the House of rules shall supersede other rules only to the Federal Home Loan Mortgage Corporation Representatives may adjust other appro- extent that they are inconsistent with such (Freddie Mac) shall not be counted for pur- priate levels in this concurrent resolution other rules; and poses of enforcing the Congressional Budget depending on congressional action on pend- (2) with full recognition of the constitu- Act of 1974, this concurrent resolution, or ing reconciliation legislation. tional right of the House of Representatives clause 10 of rule XXI of the Rules of the SEC. 5203. ADJUSTMENTS TO REFLECT CHANGES to change those rules at any time, in the House of Representatives. IN CONCEPTS AND DEFINITIONS. same manner, and to the same extent as is SEC. 5113. MODIFICATION OF RECONCILIATION In the House of Representatives, the chair the case of any other rule of the House of IN THE HOUSE OF REPRESENTA- of the Committee on the Budget may adjust Representatives. TIVES. the appropriate aggregates, allocations, and Subtitle C—Adjustment Authority (a) IN GENERAL.—Section 2002 shall have no other budgetary levels in this concurrent SEC. 5301. ADJUSTMENT AUTHORITY FOR force or effect. resolution for any change in budgetary con- AMENDMENTS TO STATUTORY CAPS. (b) RECONCILIATION IN THE HOUSE OF REP- cepts and definitions consistent with section During the 115th Congress, if a measure be- RESENTATIVES.—Not later than November 13, 251(b)(1) of the Balanced Budget and Emer- comes law that amends the discretionary 2017, the Committee on Ways and Means of gency Deficit Control Act of 1985. spending limits established under section the House of Representatives shall report to SEC. 5204. ADJUSTMENT FOR CHANGES IN THE 251(c) of the Balanced Budget and Emergency the House of Representatives changes in laws BASELINE. Deficit Control Act of 1985 (2 U.S.C. 901(c)), within its jurisdiction that increase the def- In the House of Representatives, the chair such as a measure increasing the limit for icit by not more than $1,500,000,000,000 for the of the Committee on the Budget may adjust the revised security category for fiscal year period of fiscal years 2018 through 2027. the allocations, aggregates, reconciliation 2018 to be $640,000,000,000, the chair of the Subtitle B—Other Provisions targets, and other appropriate budgetary lev- Committee on the Budget of the House of SEC. 5201. BUDGETARY TREATMENT OF ADMINIS- els in this concurrent resolution to reflect Representatives may adjust the allocation TRATIVE EXPENSES. changes resulting from the Congressional called for under section 302(a) of the Congres- (a) IN GENERAL.—In the House of Rep- Budget Office’s update to its baseline for fis- sional Budget Act of 1974 (2 U.S.C. 633(a)) to resentatives, notwithstanding section cal years 2018 through 2027. the appropriate committee or committees of 302(a)(1) of the Congressional Budget Act of SEC. 5205. APPLICATION OF RULE REGARDING the House of Representatives, and may ad- 1974, section 13301 of the Budget Enforcement LIMITS ON DISCRETIONARY SPEND- just all other budgetary aggregates, alloca- Act of 1990, and section 2009a of title 39, ING. tions, levels, and limits contained in this United States Code, the report or the joint Section 314(f) of the Congressional Budget resolution, as necessary, consistent with explanatory statement, as applicable, ac- Act of 1974 shall not apply in the House of such measure. companying this concurrent resolution shall Representatives to any bill, joint resolution, Subtitle D—Reserve Funds or amendment that provides new budget au- include in its allocation to the Committee SEC. 5401. RESERVE FUND FOR COMMERCIALIZA- on Appropriations under section 302(a) of the thority for a fiscal year or to any conference TION OF AIR TRAFFIC CONTROL. Congressional Budget Act of 1974 amounts report on any such bill or resolution if— (a) IN GENERAL.—In the House of Rep- for the discretionary administrative ex- (1) the enactment of that bill or resolution; resentatives, the chair of the Committee on penses of the Social Security Administration (2) the adoption and enactment of that the Budget may adjust, at a time the chair and the United States Postal Service. amendment; or deems appropriate, the section 302(a) alloca- (b) SPECIAL RULE.—In the House of Rep- (3) the enactment of that bill or resolution tion to the Committee on Transportation resentatives, for purposes of enforcing sec- in the form recommended in that conference and Infrastructure and other applicable com- tion 302(f) of the Congressional Budget Act of report, mittees of the House of Representatives, ag- 1974, estimates of the levels of total new would not cause the 302(a) allocation to the gregates, and other appropriate levels estab- budget authority and total outlays provided Committee on Appropriations for fiscal year lished in this concurrent resolution for a bill by a measure shall include any discretionary 2018 to be exceeded. or joint resolution, or amendment thereto or amounts described in subsection (a). SEC. 5206. ENFORCEMENT FILING IN THE HOUSE. conference report thereon, that commer- SEC. 5202. APPLICATION AND EFFECT OF In the House of Representatives, if a con- cializes the operations of the air traffic con- CHANGES IN ALLOCATIONS AND AG- current resolution on the budget for fiscal trol system if such measure reduces the dis- GREGATES. year 2018 is adopted without the appoint- cretionary spending limits in section 251(c) (a) APPLICATION.—In the House of Rep- ment of a committee of conference on the of the Balanced Budget and Emergency Def- resentatives, any adjustments of the alloca- disagreeing votes of the two Houses with re- icit Control Act of 1985 by the amount that tions, aggregates, and other budgetary levels spect to this concurrent resolution on the would otherwise be appropriated to the Fed- made pursuant to this concurrent resolution budget, for the purpose of enforcing the Con- eral Aviation Administration for air traffic shall— gressional Budget Act of 1974 and applicable control. Adjustments to the section 302(a) al- (1) apply while that measure is under con- rules and requirements set forth in the con- location to the Committee on Appropria- sideration; current resolution on the budget, the alloca- tions, consistent with the adjustments to the (2) take effect upon the enactment of that tions and list provided for in this section discretionary spending limits under such sec- measure; and shall apply in the House of Representatives tion 251(c), shall only be made upon enact- (3) be published in the Congressional in the same manner as if such allocations ment of such measure. Record as soon as practicable. and list were in a joint explanatory state- (b) DEFINITION.—For purposes of this sec- (b) EFFECT OF CHANGED ALLOCATIONS AND ment accompanying a conference report on tion, a measure that commercializes the op- AGGREGATES.—Revised allocations and ag- the budget for fiscal year 2018. The chair of erations of the air traffic control system gregates resulting from these adjustments the Committee on the Budget of the House of shall be a measure that establishes a Feder- shall be considered for the purposes of the Representatives shall submit a statement for ally-chartered, not-for-profit corporation Congressional Budget Act of 1974 as the allo- publication in the Congressional Record con- that— cations and aggregates contained in this con- taining— (1) is authorized to provide air traffic con- current resolution. (1) for the Committee on Appropriations, trol services within the United States air- (c) BUDGET COMMITTEE DETERMINATIONS.— committee allocations for fiscal year 2018 space; For purposes of this concurrent resolution, consistent with title I for the purpose of en- (2) sets user fees to finance its operations; the budgetary levels for a fiscal year or pe- forcing section 302 of the Congressional (3) may borrow from private capital mar- riod of fiscal years shall be determined on Budget Act of 1974 (2 U.S.C. 633); kets to finance improvements; the basis of estimates made by the chair of (2) for all committees other than the Com- (4) is governed by a board of directors com- the Committee on the Budget of the House of mittee on Appropriations, committee alloca- posed of a CEO and directors whose fiduciary Representatives. tions consistent with title I for fiscal year duty is to the entity; and (d) AGGREGATES, ALLOCATIONS AND APPLI- 2018 and for the period of fiscal years 2018 (5) becomes the employer of those employ- CATION.—In the House of Representatives, for through 2027 for the purpose of enforcing 302 ees directly connected to providing air traf- purposes of this concurrent resolution and of the Congressional Budget Act of 1974 (2 fic control services and who the Secretary budget enforcement, the consideration of U.S.C. 633); and transfers from the Federal Government. any bill or joint resolution, or amendment (3) a list of programs, projects, activities, SEC. 5402. RESERVE FUND FOR INVESTMENTS IN thereto or conference report thereon, for or accounts identified for advance appropria- NATIONAL INFRASTRUCTURE. which the chair of the Committee on the tions for the purpose of enforcing section In the House of Representatives, the chair Budget makes adjustments or revisions in 5104 of this concurrent resolution. of the Committee on the Budget may adjust

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.135 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6695 the allocations, aggregates, and other appro- SA 1553. Mr. ENZI (for Mr. UDALL levels for fiscal years 2019 through 2027; priate levels in this concurrent resolution (for himself, Mr. HEINRICH, and Mr. which was ordered to lie on the table; for any bill or joint resolution, or amend- BENNET)) proposed an amendment to as follows: ment thereto or conference report thereon, that invests in national infrastructure to the amendment SA 1116 proposed by Mr. At the end of title III, add the following: extent that such measure is deficit neutral ENZI to the concurrent resolution H. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND for the total of fiscal years 2018 through 2027. Con. Res. 71, establishing the congres- RELATING TO CLOSING THE CAR- RIED INTEREST LOOPHOLE. SEC. 5403. RESERVE FUND FOR COMPREHENSIVE sional budget for the United States The Chairman of the Committee on the TAX REFORM. Government for fiscal year 2018 and Budget of the Senate may revise the alloca- In the House of Representatives, if the setting forth the appropriate budgetary Committee on Ways and Means reports a bill tions of a committee or committees, aggre- levels for fiscal years 2019 through 2027; gates, and other appropriate levels in this or joint resolution that provides for com- as follows: prehensive tax reform, the chair of the Com- resolution, and make adjustments to the mittee on the Budget may adjust the alloca- At the end of title III, add the following: pay-as-you-go ledger, for one or more bills, tions, aggregates, and other appropriate SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND joint resolutions, amendments, amendments budgetary levels in this concurrent resolu- RELATING TO PROVIDING FULL, between the Houses, motions, or conference tion for the budgetary effects of any such PERMANENT, AND MANDATORY reports relating to the taxation of income FUNDING FOR THE PAYMENT IN from investment partnerships (known as car- bill or joint resolution, or amendment there- LIEU OF TAXES PROGRAM. to or conference report thereon, if such ried interest), which may include legislation The Chairman of the Committee on the that allows for the taxing as ordinary in- measure would not increase the deficit for Budget of the Senate may revise the alloca- the total of fiscal years 2018 through 2027. come of a partner’s share of income on an in- tions of a committee or committees, aggre- vestment services partnership interest, by SEC. 5404. RESERVE FUND FOR THE STATE CHIL- gates, and other appropriate levels in this the amounts provided in such legislation for DREN’S HEALTH INSURANCE PRO- resolution, and make adjustments to the GRAM. those purposes, provided that such legisla- pay-as-you-go ledger, for one or more bills, In the House of Representatives, the chair tion would not increase the deficit over ei- joint resolutions, amendments, amendments of the Committee on the Budget may adjust ther the period of the total of fiscal years between the Houses, motions, or conference the allocations, budget aggregates and other 2018 through 2022 or the period of the total of reports relating to providing full, perma- appropriate levels in this concurrent resolu- fiscal years 2018 through 2027. nent, and mandatory funding for the pay- tion for the budgetary effects of any bill or ment in lieu of taxes program by the joint resolution, or amendment thereto or SA 1556. Mr. FRANKEN (for himself amounts provided in such legislation for conference report thereon, that extends the and Mr. CASEY) submitted an amend- those purposes, provided that such legisla- State Children’s Health Insurance Program ment intended to be proposed to tion would not increase the deficit over ei- allotments, if such measure would not in- ther the period of the total of fiscal years amendment SA 1116 proposed by Mr. crease the deficit for the total of fiscal years 2018 through 2022 or the period of the total of ENZI to the concurrent resolution H. 2018 through 2027. fiscal years 2018 through 2027. Con. Res. 71, establishing the congres- SEC. 5405. RESERVE FUND FOR THE REPEAL OR sional budget for the United States REPLACEMENT OF PRESIDENT OBAMA’S HEALTH CARE LAWS. SA 1554. Mr. REED submitted an Government for fiscal year 2018 and In the House of Representatives, the chair amendment intended to be proposed to setting forth the appropriate budgetary of the Committee on the Budget may revise amendment SA 1116 proposed by Mr. levels for fiscal years 2019 through 2027; the allocations, aggregates, and other appro- ENZI to the concurrent resolution H. which was ordered to lie on the table; priate budgetary levels in this concurrent Con. Res. 71, establishing the congres- as follows: resolution for the budgetary effects of any sional budget for the United States At the end of title III, add the following: bill or joint resolution, or amendment there- Government for fiscal year 2018 and to or conference report thereon, that repeals SEC. 3lll. DEFICIT-REDUCTION RESERVE setting forth the appropriate budgetary FUND RELATING TO PREVENTING or replaces any provision of the Patient Pro- WORKER MISCLASSIFICATION. tection and Affordable Care Act or title I or levels for fiscal years 2019 through 2027; The Chairman of the Committee on the subtitle B of title II of the Health Care and which was ordered to lie on the table; Budget of the Senate may revise the alloca- Education Reconciliation Act of 2010 by the as follows: tions of a committee or committees, aggre- amount of budget authority and outlays At the end of title III, add the following: gates, and other appropriate levels in this flowing therefrom provided by such measure SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND resolution, and make adjustments to the for such purpose. RELATING TO PRESCRIPTION DRUG pay-as-you-go ledger, for one or more bills, COSTS UNDER THE MEDICARE PRO- joint resolutions, amendments, amendments SA 1552. Mr. ENZI (for Mrs. FISCHER GRAM. between the Houses, motions, or conference (for herself and Ms. COLLINS)) proposed The Chairman of the Committee on the reports relating to ensuring that workers are an amendment to amendment SA 1116 Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- appropriately classified as employees or proposed by Mr. ENZI to the concurrent independent contractors for purposes of resolution H. Con. Res. 71, establishing gates, and other appropriate levels in this resolution, and make adjustments to the labor law and payroll taxes, by the amounts the congressional budget for the United pay-as-you-go ledger, for one or more bills, provided in such legislation for those pur- States Government for fiscal year 2018 joint resolutions, amendments, amendments poses, provided that such legislation would and setting forth the appropriate budg- between the Houses, motions, or conference reduce the deficit over both the period of the etary levels for fiscal years 2019 reports relating to prescription drug costs total of fiscal years 2018 through 2022 and the through 2027; as follows: under the Medicare program, which may in- period of the total of fiscal years 2018 through 2027. At the end of title III, add the following: clude making prescription drugs more af- fordable for seniors and for taxpayers by re- SEC. 3 lll. DEFICIT-NEUTRAL RESERVE FUND SA 1557. Mr. FRANKEN submitted an RELATING TO TAX REFORM WHICH quiring the Secretary of Health and Human MAINTAINS THE PROGRESSIVITY OF Services to negotiate prescription drug costs amendment intended to be proposed to THE TAX SYSTEM. under the Medicare program, particularly amendment SA 1116 proposed by Mr. The Chairman of the Committee on the with inverted corporations that benefit from ENZI to the concurrent resolution H. Budget of the Senate may revise the alloca- Medicare program reimbursements, by the Con. Res. 71, establishing the congres- tions of a committee or committees, aggre- amounts provided in such legislation for sional budget for the United States gates, and other appropriate levels in this those purposes, provided that such legisla- Government for fiscal year 2018 and resolution, and make adjustments to the tion would not increase the deficit over ei- setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills, ther the period of the total of fiscal years joint resolutions, amendments, amendments 2018 through 2022 or the period of the total of levels for fiscal years 2019 through 2027; between the Houses, motions, or conference fiscal years 2018 through 2027. which was ordered to lie on the table; reports relating to changes in Federal tax as follows: laws, which may include tax reform pro- SA 1555. Mr. FRANKEN (for himself At the end of title III, add the following: posals to ensure that the reformed tax code and Ms. BALDWIN) submitted an amend- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND parallels the existing tax code with respect ment intended to be proposed to RELATING TO PUBLIC-PRIVATE to relative burdens and does not shift the tax amendment SA 1116 proposed by Mr. PARTNERSHIPS FOR JOB TRAINING. burden from high-income to lower- and mid- The Chairman of the Committee on the ENZI to the concurrent resolution H. dle-income taxpayers, by the amounts pro- Budget of the Senate may revise the alloca- vided in such legislation for those purposes, Con. Res. 71, establishing the congres- tions of a committee or committees, aggre- provided that such legislation would not in- sional budget for the United States gates, and other appropriate levels in this crease the deficit over the period of the total Government for fiscal year 2018 and resolution, and make adjustments to the of fiscal years 2018 through 2027. setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills,

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.135 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6696 CONGRESSIONAL RECORD — SENATE October 19, 2017 joint resolutions, amendments, amendments cal years 2018 through 2022 or the period of not apply to any bills or joint resolutions, or between the Houses, motions, or conference the total of fiscal years 2018 through 2027. amendments thereto or conference reports reports relating to employment and job thereon, for which the chair of the Com- growth, which may include programs that SA 1560. Ms. WARREN (for herself mittee on the Budget has made adjustments encourage job training partnerships between and Mr. BROWN) submitted an amend- to the allocations, aggregates, or other budg- businesses, educational institutions, and the ment intended to be proposed to etary levels in this concurrent resolution. workforce development system, by the amendment SA 1116 proposed by Mr. (d) DETERMINATIONS OF BUDGET LEVELS.— For purposes of this section, the levels of net amounts provided in such legislation for ENZI to the concurrent resolution H. increases in direct spending shall be deter- those purposes, provided that such legisla- Con. Res. 71, establishing the congres- tion would not increase the deficit over ei- mined on the basis of estimates provided by ther the period of the total of fiscal years sional budget for the United States the chair of the Committee on the Budget of 2018 through 2022 or the period of the total of Government for fiscal year 2018 and the House of Representatives. fiscal years 2018 through 2027. setting forth the appropriate budgetary (e) SUNSET.—This section shall have no levels for fiscal years 2019 through 2027; force or effect after September 30, 2018. SA 1558. Ms. WARREN submitted an which was ordered to lie on the table; SEC. 5102. ALLOCATION FOR OVERSEAS CONTIN- amendment intended to be proposed to as follows: GENCY OPERATIONS/GLOBAL WAR amendment SA 1116 proposed by Mr. ON TERRORISM. At the end of title III, add the following: (a) SEPARATE ALLOCATION FOR OVERSEAS NZI E to the concurrent resolution H. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND CONTINGENCY OPERATIONS/GLOBAL WAR ON Con. Res. 71, establishing the congres- RELATING TO FEDERAL STUDENT TERRORISM.—In the House of Representa- sional budget for the United States LOAN BORROWERS ELIGIBLE FOR A tives, there shall be a separate allocation of BORROWER DEFENSE TO REPAY- Government for fiscal year 2018 and MENT. new budget authority and outlays provided setting forth the appropriate budgetary The Chairman of the Committee on the to the Committee on Appropriations for the levels for fiscal years 2019 through 2027; Budget of the Senate may revise the alloca- purposes of Overseas Contingency Oper- which was ordered to lie on the table; tions of a committee or committees, aggre- ations/Global War on Terrorism, which shall as follows: gates, and other appropriate levels in this be deemed to be an allocation under section 302(a) of the Congressional Budget Act of At the end of title III, add the following: resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, 1974. Section 302(a)(3) of such Act shall not SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND apply to such separate allocation. RELATING TO THE DISCHARGE OF joint resolutions, amendments, amendments between the Houses, motions, or conference (b) SECTION 302 ALLOCATIONS.—The sepa- FEDERAL AND PRIVATE STUDENT rate allocation referred to in subsection (a) LOANS IN BANKRUPTCY. reports relating to Federal student loan bor- shall be the exclusive allocation for Overseas The Chairman of the Committee on the rowers eligible for a borrower defense to re- Contingency Operations/Global War on Ter- Budget of the Senate may revise the alloca- payment in order to automatically discharge rorism under section 302(b) of the Congres- tions of a committee or committees, aggre- the total amount of Federal student loans of sional Budget Act of 1974. The Committee on gates, and other appropriate levels in this all borrowers who attended Corinthian Col- Appropriations of the House of Representa- resolution, and make adjustments to the leges or ITT Educational Services, and all tives may provide suballocations of such sep- pay-as-you-go ledger, for one or more bills, other Federal student loan borrowers eligible arate allocation under such section 302(b). joint resolutions, amendments, amendments for a borrower defense to repayment under (c) APPLICATION.—For purposes of enforc- between the Houses, motions, or conference section 455(h) of the Higher Education Act of ing the separate allocation referred to in reports relating to bankruptcy discharge in 1965 (20 U.S.C. 1087e(h)), by the amounts pro- subsection (a) under section 302(f) of the Con- order to allow Federal and private student vided in such legislation for those purposes, gressional Budget Act of 1974, the ‘‘first fis- loan borrowers to discharge their student provided that such legislation would not in- cal year’’ and the ‘‘total of fiscal years’’ loans in bankruptcy, by the amounts pro- crease the deficit over either the period of shall be deemed to refer to fiscal year 2018. vided in such legislation for those purposes, the total of fiscal years 2018 through 2022 or Section 302(c) of such Act shall not apply to provided that such legislation would not in- the period of the total of fiscal years 2018 such separate allocation. crease the deficit over either the period of through 2027. (d) DESIGNATIONS.—New budget authority the total of fiscal years 2018 through 2022 or SA 1561. Mr. ENZI proposed an or outlays shall only be counted toward the the period of the total of fiscal years 2018 allocation referred to in subsection (a) if des- through 2027. amendment to amendment SA 1116 pro- ignated pursuant to section 251(b)(2)(A)(ii) of posed by Mr. ENZI to the concurrent Ms. WARREN submitted an the Balanced Budget and Emergency Deficit SA 1559. resolution H. Con. Res. 71, establishing Control Act of 1985. amendment intended to be proposed to the congressional budget for the United (e) ADJUSTMENTS.—For purposes of sub- amendment SA 1116 proposed by Mr. States Government for fiscal year 2018 section (a) for fiscal year 2018, no adjustment ENZI to the concurrent resolution H. and setting forth the appropriate budg- shall be made under section 314(a) of the Con. Res. 71, establishing the congres- etary levels for fiscal years 2019 Congressional Budget Act of 1974 if any ad- sional budget for the United States through 2027; as follows: justment would be made under section 251(b)(2)(A)(ii) of the Balanced Budget and Government for fiscal year 2018 and At the end, add the following: setting forth the appropriate budgetary Emergency Deficit Control Act of 1985. TITLE V—BUDGET PROCESS IN THE SEC. 5103. LIMITATION ON CHANGES IN CERTAIN levels for fiscal years 2019 through 2027; HOUSE OF REPRESENTATIVES MANDATORY PROGRAMS. which was ordered to lie on the table; Subtitle A—Budget Enforcement (a) DEFINITION.—In this section, the term as follows: SEC. 5101. POINT OF ORDER AGAINST INCREAS- ‘‘change in mandatory programs’’ means a At the end of title III, add the following: ING LONG-TERM DIRECT SPENDING. provision that— SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (a) POINT OF ORDER.—It shall not be in (1) would have been estimated as affecting RELATING TO STUDENT LOAN REFI- order in the House of Representatives to con- direct spending or receipts under section 252 NANCING. sider any bill or joint resolution, or amend- of the Balanced Budget and Emergency Def- The Chairman of the Committee on the ment thereto or conference report thereon, icit Control Act of 1985 (as in effect prior to Budget of the Senate may revise the alloca- that would cause a net increase in direct September 30, 2002) if the provision were in- tions of a committee or committees, aggre- spending in excess of $2,500,000,000 in any of cluded in legislation other than appropria- gates, and other appropriate levels in this the 4 consecutive 10-fiscal year periods de- tion Acts; and resolution, and make adjustments to the scribed in subsection (b). (2) results in a net decrease in budget au- pay-as-you-go ledger, for one or more bills, (b) CONGRESSIONAL BUDGET OFFICE ANAL- thority in the budget year, but does not re- joint resolutions, amendments, amendments YSIS OF PROPOSALS.—The Director of the sult in a net decrease in outlays over the between the Houses, motions, or conference Congressional Budget Office shall, to the ex- total of the current year, the budget year, reports relating to student loan refinancing tent practicable, prepare an estimate of and all fiscal years covered under the most to help middle class families and borrowers whether a bill or joint resolution reported by recently agreed to concurrent resolution on with outstanding Federal and private stu- a committee (other than the Committee on the budget. dent loans to refinance at the equivalent in- Appropriations), or amendment thereto or (b) POINT OF ORDER IN THE HOUSE OF REP- terest rates that were offered to Federal stu- conference report thereon, would cause, rel- RESENTATIVES.— dent loan borrowers during the 2016-2017 ative to current law, a net increase in direct (1) IN GENERAL.—A provision in a bill or school year and to fully offset the cost of spending in the House of Representatives, in joint resolution making appropriations for a such a program by requiring millionaires to excess of $2,500,000,000 in any of the 4 con- full fiscal year that proposes a change in pay at least a 30 percent effective Federal secutive 10-fiscal year periods beginning mandatory programs that, if enacted, would tax rate, by the amounts provided in such after the last fiscal year of this concurrent cause the absolute value of the total budget legislation for those purposes, provided that resolution. authority of all such changes in mandatory such legislation would not increase the def- (c) LIMITATION.—In the House of Represent- programs enacted in relation to a full fiscal icit over either the period of the total of fis- atives, the provisions of this section shall year to be more than the amount specified in

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paragraph (3), shall not be in order in the provides an estimate of any measure that es- (2) BUDGETARY EFFECTS.—The term ‘‘budg- House of Representatives. tablishes or modifies any program providing etary effects’’ means changes in revenues, di- (2) AMENDMENTS AND CONFERENCE RE- loans or loan guarantees, the Director shall rect spending outlays, and deficits. PORTS.—It shall not be in order in the House also, to the extent practicable, provide a (3) TIMING SHIFTS.—The term ‘‘timing of Representatives to consider an amend- fair-value estimate of such loan or loan guar- shifts’’ means— ment to, or a conference report on, a bill or antee program if requested by the chair of (A) provisions that cause a delay of the joint resolution making appropriations for a the Committee on the Budget of the House of date on which outlays flowing from direct full fiscal year if such amendment thereto or Representatives. spending would otherwise occur from one fis- conference report thereon proposes a change (b) STUDENT FINANCIAL ASSISTANCE AND cal year to the next fiscal year; or in mandatory programs that, if enacted, HOUSING PROGRAMS.—The Director of the (B) provisions that cause an acceleration of would cause the absolute value of the total Congressional Budget Office shall provide, to the date on which revenues would otherwise budget authority of all such changes in man- the extent practicable, a fair-value estimate occur from one fiscal year to the prior fiscal datory programs enacted in relation to a full as part of any estimate for any measure that year. establishes or modifies a loan or loan guar- fiscal year to be more than the amount spec- SEC. 5108. ADJUSTMENTS FOR IMPROVED CON- antee program for student financial assist- ified in paragraph (3). TROL OF BUDGETARY RESOURCES. ance or housing (including residential mort- (3) AMOUNT.—The amount specified in this (a) ADJUSTMENTS OF DISCRETIONARY AND gage). paragraph is— DIRECT SPENDING LEVELS.—In the House of (c) BASELINE ESTIMATES.—The Congres- Representatives, if a committee (other than (A) for fiscal year 2018, $19,100,000,000; sional Budget Office shall include estimates, the Committee on Appropriations) reports a (B) for fiscal year 2019, $17,000,000,000; and on a fair-value and credit reform basis, of bill or joint resolution, or an amendment (C) for fiscal year 2020, $15,000,000,000. loan and loan guarantee programs for stu- thereto is offered or conference report there- (c) DETERMINATION.—For purposes of this dent financial assistance, housing (including on is submitted, providing for a decrease in section, budgetary levels shall be determined residential mortgage), and such other major on the basis of estimates provided by the loan and loan guarantee programs, as prac- direct spending (budget authority and out- chair of the Committee on the Budget of the ticable, in its The Budget and Economic Out- lays flowing therefrom) for any fiscal year House of Representatives. look: 2018 to 2027. and also provides for an authorization of ap- SEC. 5104. LIMITATION ON ADVANCE APPROPRIA- (d) ENFORCEMENT IN THE HOUSE OF REP- propriations for the same purpose, upon the TIONS. RESENTATIVES.—If the Director of the Con- enactment of such measure, the chair of the (a) IN GENERAL.—In the House of Rep- gressional Budget Office provides an esti- Committee on the Budget may decrease the resentatives, except as provided for in sub- mate pursuant to subsection (a) or (b), the allocation to the applicable authorizing com- section (b), any general appropriation bill or chair of the Committee on the Budget of the mittee that reports such measure and in- bill or joint resolution continuing appropria- House of Representatives may use such esti- crease the allocation of discretionary spend- tions, or amendment thereto or conference mate to determine compliance with the Con- ing (budget authority and outlays flowing report thereon, may not provide advance ap- gressional Budget Act of 1974 and other budg- therefrom) to the Committee on Appropria- propriations. et enforcement requirements. tions for fiscal year 2018 by an amount equal (b) EXCEPTIONS.—An advance appropriation SEC. 5107. ESTIMATES OF MACROECONOMIC EF- to the new budget authority (and outlays may be provided for programs, projects, ac- FECTS OF MAJOR LEGISLATION. flowing therefrom) provided for in a bill or tivities, or accounts identified in the report (a) CBO AND JCT ESTIMATES.—During the joint resolution making appropriations for or the joint explanatory statement of man- 115th Congress, any estimate of major legis- the same purpose. agers, as applicable, accompanying this con- lation considered in the House of Represent- (b) DETERMINATIONS.—In the House of Rep- resentatives, for purposes of enforcing this current resolution under the following head- atives provided by the Congressional Budget concurrent resolution, the allocations and ings: Office under section 402 of the Congressional aggregate levels of new budget authority, (1) GENERAL.—‘‘Accounts Identified for Ad- Budget Act of 1974 or by the Joint Com- outlays, direct spending, revenues, deficits, vance Appropriations’’. mittee on Taxation to the Congressional and surpluses for fiscal year 2018 and the (2) VETERANS.—‘‘Veterans Accounts Identi- Budget Office under section 201(f) of such Act total of fiscal years 2018 through 2027 shall be fied for Advance Appropriations’’. shall, to the extent practicable, incorporate determined on the basis of estimates made (c) LIMITATIONS.—The aggregate level of the budgetary effects of changes in economic advance appropriations shall not exceed the output, employment, capital stock, and by the chair of the Committee on the Budget following: other macroeconomic variables resulting and such chair may adjust the applicable lev- from such major legislation. els in this concurrent resolution. (1) GENERAL.—$28,852,000,000 in new budget (b) CONTENTS.—Any estimate referred to in authority for all programs identified pursu- SEC. 5109. SCORING RULE FOR ENERGY SAVINGS subsection (a) shall, to the extent prac- ant to subsection (b)(1). PERFORMANCE CONTRACTS. ticable, include— (a) IN GENERAL.—The Director of the Con- (2) VETERANS.—$70,699,313,000 in new budget (1) a qualitative assessment of the budg- gressional Budget Office shall estimate pro- authority for programs in the Department of etary effects (including macroeconomic vari- visions of any bill or joint resolution, or Veterans Affairs identified pursuant to sub- ables described in subsection (a)) of the amendment thereto or conference report section (b)(2). major legislation in the 20-fiscal year period thereon, that provides the authority to enter (d) DEFINITION.—In this section, the term beginning after the last fiscal year of the into or modify any covered energy savings ‘‘advance appropriation’’ means any new dis- most recently agreed to concurrent resolu- contract on a net present value basis (NPV). cretionary budget authority provided in a tion on the budget that sets forth budgetary (b) NPV CALCULATIONS.—The net present general appropriation bill or joint resolution levels required under section 301 of the Con- value of any covered energy savings contract continuing appropriations for fiscal year gressional Budget Act of 1974; and shall be calculated as follows: 2018, or any amendment thereto or con- (2) an identification of the critical assump- (1) The discount rate shall reflect market ference report thereon, that first becomes tions and the source of data underlying that risk. available for the first fiscal year following estimate. (2) The cash flows shall include, whether fiscal year 2018. (c) DEFINITIONS.—In this section: classified as mandatory or discretionary, SEC. 5105. ESTIMATES OF DEBT SERVICE COSTS. (1) MAJOR LEGISLATION.—The term ‘‘major payments to contractors under the terms of In the House of Representatives, the chair legislation’’ means a bill or joint resolution, their contracts, payments to contractors for of the Committee on the Budget may direct or amendment thereto or conference report other services, and direct savings in energy the Congressional Budget Office to include, thereon— and energy-related costs. in any estimate prepared under section 402 of (A) for which an estimate is required to be (3) The stream of payments shall cover the the Congressional Budget Act of 1974 with re- prepared pursuant to section 402 of the Con- period covered by the contracts but not to spect to any bill or joint resolution, an esti- gressional Budget Act of 1974 (2 U.S.C. 653) exceed 25 years. mate of any change in debt service costs re- and that causes a gross budgetary effect (be- (c) DEFINITION.—As used in this section, sulting from carrying out such bill or resolu- fore incorporating macroeconomic effects the term ‘‘covered energy savings contract’’ tion. Any estimate of debt service costs pro- and not including timing shifts) in a fiscal means— vided under this section shall be advisory year in the period of years of the most re- (1) an energy savings performance contract and shall not be used for purposes of enforce- cently agreed to concurrent resolution on authorized under section 801 of the National ment of such Act, the Rules of the House of the budget equal to or greater than 0.25 per- Energy Conservation Policy Act; or Representatives, or this concurrent resolu- cent of the current projected gross domestic (2) a utility energy service contract, as de- tion. This section shall not apply to author- product of the United States for that fiscal scribed in the Office of Management and izations of programs funded by discretionary year; or Budget Memorandum on Federal Use of En- spending or to appropriation bills or joint (B) designated as such by— ergy Savings Performance Contracting, resolutions, but shall apply to changes in the (i) the chair of the Committee on the Budg- dated July 25, 1998 (M–98–13), and the Office authorization level of appropriated entitle- et of the House of Representatives for all di- of Management and Budget Memorandum on ments. rect spending legislation; or the Federal Use of Energy Saving Perform- SEC. 5106. FAIR-VALUE CREDIT ESTIMATES. (ii) the Member who is Chairman or Vice ance Contracts and Utility Energy Service (a) ALL CREDIT PROGRAMS.—Whenever the Chairman of the Joint Committee on Tax- Contracts, dated September 28, 2015 (M–12– Director of the Congressional Budget Office ation for revenue legislation. 21), or any successor to either memorandum.

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(d) ENFORCEMENT IN THE HOUSE OF REP- Subtitle B—Other Provisions targets, and other appropriate budgetary lev- RESENTATIVES.—In the House of Representa- SEC. 5201. BUDGETARY TREATMENT OF ADMINIS- els in this concurrent resolution to reflect tives, if any net present value of any covered TRATIVE EXPENSES. changes resulting from the Congressional energy savings contract calculated under (a) IN GENERAL.—In the House of Rep- Budget Office’s update to its baseline for fis- subsection (b) results in a net savings, then resentatives, notwithstanding section cal years 2018 through 2027. the budgetary effects of such contract shall 302(a)(1) of the Congressional Budget Act of SEC. 5205. APPLICATION OF RULE REGARDING not be counted for purposes of titles III and 1974, section 13301 of the Budget Enforcement LIMITS ON DISCRETIONARY SPEND- IV of the Congressional Budget Act of 1974, Act of 1990, and section 2009a of title 39, ING. this concurrent resolution, or clause 10 of United States Code, the report or the joint Section 314(f) of the Congressional Budget rule XXI of the Rules of the House of Rep- explanatory statement, as applicable, ac- Act of 1974 shall not apply in the House of resentatives. companying this concurrent resolution shall Representatives to any bill, joint resolution, (e) CLASSIFICATION OF SPENDING.—For pur- include in its allocation to the Committee or amendment that provides new budget au- poses of budget enforcement, the estimated on Appropriations under section 302(a) of the thority for a fiscal year or to any conference net present value of the budget authority Congressional Budget Act of 1974 amounts report on any such bill or resolution if— provided by the measure, and outlays flow- for the discretionary administrative ex- (1) the enactment of that bill or resolution; ing therefrom, shall be classified as direct penses of the Social Security Administration (2) the adoption and enactment of that spending. and the United States Postal Service. amendment; or (3) the enactment of that bill or resolution (f) SENSE OF THE HOUSE OF REPRESENTA- (b) SPECIAL RULE.—In the House of Rep- in the form recommended in that conference TIVES.—It is the sense of the House of Rep- resentatives, for purposes of enforcing sec- tion 302(f) of the Congressional Budget Act of report, resentatives that— would not cause the 302(a) allocation to the (1) the Director of the Office of Manage- 1974, estimates of the levels of total new budget authority and total outlays provided Committee on Appropriations for fiscal year ment and Budget, in consultation with the 2018 to be exceeded. Director of the Congressional Budget Office, by a measure shall include any discretionary SEC. 5206. ENFORCEMENT FILING IN THE HOUSE. should separately identify the cash flows amounts described in subsection (a). In the House of Representatives, if a con- under subsection (b)(2) and include such in- SEC. 5202. APPLICATION AND EFFECT OF current resolution on the budget for fiscal formation in the President’s annual budget CHANGES IN ALLOCATIONS AND AG- year 2018 is adopted without the appoint- submission under section 1105(a) of title 31, GREGATES. ment of a committee of conference on the United States Code; and (a) APPLICATION.—In the House of Rep- disagreeing votes of the two Houses with re- (2) the scoring method used in this section resentatives, any adjustments of the alloca- spect to this concurrent resolution on the should not be used to score any contracts tions, aggregates, and other budgetary levels budget, for the purpose of enforcing the Con- other than covered energy savings contracts. made pursuant to this concurrent resolution shall— gressional Budget Act of 1974 and applicable SEC. 5110. LIMITATION ON TRANSFERS FROM (1) apply while that measure is under con- rules and requirements set forth in the con- THE GENERAL FUND OF THE TREAS- current resolution on the budget, the alloca- URY TO THE HIGHWAY TRUST FUND. sideration; (2) take effect upon the enactment of that tions and list provided for in this section In the House of Representatives, for pur- measure; and shall apply in the House of Representatives poses of the Congressional Budget Act of (3) be published in the Congressional in the same manner as if such allocations 1974, the Balanced Budget and Emergency Record as soon as practicable. and list were in a joint explanatory state- Deficit Control Act of 1985, and the rules or (b) EFFECT OF CHANGED ALLOCATIONS AND ment accompanying a conference report on orders of the House of Representatives, a bill AGGREGATES.—Revised allocations and ag- the budget for fiscal year 2018. The chair of or joint resolution, or an amendment thereto gregates resulting from these adjustments the Committee on the Budget of the House of or conference report thereon, that transfers shall be considered for the purposes of the Representatives shall submit a statement for funds from the general fund of the Treasury Congressional Budget Act of 1974 as the allo- publication in the Congressional Record con- to the Highway Trust Fund shall be counted cations and aggregates contained in this con- taining— as new budget authority and outlays equal to current resolution. (1) for the Committee on Appropriations, the amount of the transfer in the fiscal year (c) BUDGET COMMITTEE DETERMINATIONS.— committee allocations for fiscal year 2018 the transfer occurs. For purposes of this concurrent resolution, consistent with title I for the purpose of en- SEC. 5111. PROHIBITION ON USE OF FEDERAL RE- the budgetary levels for a fiscal year or pe- forcing section 302 of the Congressional SERVE SURPLUSES AS AN OFFSET. riod of fiscal years shall be determined on Budget Act of 1974 (2 U.S.C. 633); In the House of Representatives, any provi- the basis of estimates made by the chair of (2) for all committees other than the Com- sion of a bill or joint resolution, or amend- the Committee on the Budget of the House of mittee on Appropriations, committee alloca- ment thereto or conference report thereon, Representatives. tions consistent with title I for fiscal year that transfers any portion of the net surplus (d) AGGREGATES, ALLOCATIONS AND APPLI- 2018 and for the period of fiscal years 2018 of the Federal Reserve System to the general CATION.—In the House of Representatives, for through 2027 for the purpose of enforcing 302 fund of the Treasury shall not be counted for purposes of this concurrent resolution and of the Congressional Budget Act of 1974 (2 purposes of enforcing the Congressional budget enforcement, the consideration of U.S.C. 633); and Budget Act of 1974, this concurrent resolu- any bill or joint resolution, or amendment (3) a list of programs, projects, activities, tion, or clause 10 of rule XXI of the Rules of thereto or conference report thereon, for or accounts identified for advance appropria- the House of Representatives. which the chair of the Committee on the tions for the purpose of enforcing section Budget makes adjustments or revisions in 5104 of this concurrent resolution. SEC. 5112. PROHIBITION ON USE OF GUARANTEE the allocations, aggregates, and other budg- SEC. 5207. EXERCISE OF RULEMAKING POWERS. FEES AS AN OFFSET. etary levels of this concurrent resolution The House of Representatives adopts the In the House of Representatives, any provi- shall not be subject to the points of order set provisions of this title and section 2002— sion of a bill or joint resolution, or amend- forth in clause 10 of rule XXI of the Rules of (1) as an exercise of the rulemaking power ment thereto or conference report thereon, the House of Representatives or section 5101 of the House of Representatives, and as such that increases, or extends the increase of, of this concurrent resolution. they shall be considered as part of the rules any guarantee fees of the Federal National (e) OTHER ADJUSTMENTS.—The chair of the of the House of Representatives, and such Mortgage Association (Fannie Mae) or the Committee on the Budget of the House of rules shall supersede other rules only to the Federal Home Loan Mortgage Corporation Representatives may adjust other appro- extent that they are inconsistent with such (Freddie Mac) shall not be counted for pur- priate levels in this concurrent resolution other rules; and poses of enforcing the Congressional Budget depending on congressional action on pend- (2) with full recognition of the constitu- Act of 1974, this concurrent resolution, or ing reconciliation legislation. tional right of the House of Representatives clause 10 of rule XXI of the Rules of the SEC. 5203. ADJUSTMENTS TO REFLECT CHANGES to change those rules at any time, in the House of Representatives. IN CONCEPTS AND DEFINITIONS. same manner, and to the same extent as is SEC. 5113. MODIFICATION OF RECONCILIATION In the House of Representatives, the chair the case of any other rule of the House of IN THE HOUSE OF REPRESENTA- of the Committee on the Budget may adjust Representatives. TIVES. the appropriate aggregates, allocations, and Subtitle C—Adjustment Authority (a) IN GENERAL.—Section 2002 shall have no other budgetary levels in this concurrent SEC. 5301. ADJUSTMENT AUTHORITY FOR force or effect. resolution for any change in budgetary con- AMENDMENTS TO STATUTORY CAPS. (b) RECONCILIATION IN THE HOUSE OF REP- cepts and definitions consistent with section During the 115th Congress, if a measure be- RESENTATIVES.—Not later than November 13, 251(b)(1) of the Balanced Budget and Emer- comes law that amends the discretionary 2017, the Committee on Ways and Means of gency Deficit Control Act of 1985. spending limits established under section the House of Representatives shall report to SEC. 5204. ADJUSTMENT FOR CHANGES IN THE 251(c) of the Balanced Budget and Emergency the House of Representatives changes in laws BASELINE. Deficit Control Act of 1985 (2 U.S.C. 901(c)), within its jurisdiction that increase the def- In the House of Representatives, the chair such as a measure increasing the limit for icit by not more than $1,500,000,000,000 for the of the Committee on the Budget may adjust the revised security category for fiscal year period of fiscal years 2018 through 2027. the allocations, aggregates, reconciliation 2018 to be $640,000,000,000, the chair of the

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.139 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 19, 2017 CONGRESSIONAL RECORD — SENATE S6699 Committee on the Budget of the House of tions of a committee or committees, aggre- to Stimulate Competitive Research (com- Representatives may adjust the allocation gates, and other appropriate levels in this monly known as ‘‘ESPCoR’’), which may in- called for under section 302(a) of the Congres- resolution, and make adjustments to the clude support for States and jurisdictions sional Budget Act of 1974 (2 U.S.C. 633(a)) to pay-as-you-go ledger, for one or more bills, that are historically underserved by Federal the appropriate committee or committees of joint resolutions, amendments, amendments research and development funding, by the the House of Representatives, and may ad- between the Houses, motions, or conference amounts provided in such legislation for just all other budgetary aggregates, alloca- reports, relating to prohibiting discrimina- those purposes, provided that such legisla- tions, levels, and limits contained in this tion, such as in employment, federally fund- tion would not increase the deficit over ei- resolution, as necessary, consistent with ed programs and activities, public accom- ther the period of the total of fiscal years such measure. modations, education, housing, jury selec- 2018 through 2022 or the period of the total of Subtitle D—Reserve Funds tion, or access to credit, against individuals fiscal years 2018 through 2027. SEC. 5401. RESERVE FUND FOR INVESTMENTS IN on the basis of sexual orientation or gender NATIONAL INFRASTRUCTURE. identity, by the amounts provided in such SA 1565. Mr. BROWN (for himself, In the House of Representatives, the chair legislation for those purposes, provided that Mr. REED, and Mr. MENENDEZ) sub- of the Committee on the Budget may adjust such legislation would not increase the def- mitted an amendment intended to be the allocations, aggregates, and other appro- icit over either the period of the total of fis- proposed to amendment SA 1116 pro- priate levels in this concurrent resolution cal years 2018 through 2022 or the period of posed by Mr. ENZI to the concurrent for any bill or joint resolution, or amend- the total of fiscal years 2018 through 2027. ment thereto or conference report thereon, resolution H. Con. Res. 71, establishing that invests in national infrastructure to the SA 1563. Mr. LEE submitted an the congressional budget for the United extent that such measure is deficit neutral amendment intended to be proposed to States Government for fiscal year 2018 for the total of fiscal years 2018 through 2027. amendment SA 1116 proposed by Mr. and setting forth the appropriate budg- SEC. 5402. RESERVE FUND FOR COMPREHENSIVE ENZI to the concurrent resolution H. etary levels for fiscal years 2019 TAX REFORM. through 2027; which was ordered to lie In the House of Representatives, if the Con. Res. 71, establishing the congres- Committee on Ways and Means reports a bill sional budget for the United States on the table; as follows: or joint resolution that provides for com- Government for fiscal year 2018 and At the end of title III, add the following: prehensive tax reform, the chair of the Com- setting forth the appropriate budgetary SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ENDING CHILDHOOD mittee on the Budget may adjust the alloca- levels for fiscal years 2019 through 2027; tions, aggregates, and other appropriate LEAD POISONING. budgetary levels in this concurrent resolu- which was ordered to lie on the table; The Chairman of the Committee on the tion for the budgetary effects of any such as follows: Budget of the Senate may revise the alloca- bill or joint resolution, or amendment there- At the end of title III, add the following: tions of a committee or committees, aggre- to or conference report thereon, if such SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND gates, and other appropriate levels in this measure would not increase the deficit for RELATING TO NULLIFYING CERTAIN resolution, and make adjustments to the the total of fiscal years 2018 through 2027. CIVIL ASSET FORFEITURE ORDERS pay-as-you-go ledger, for one or more bills, SEC. 5403. RESERVE FUND FOR THE STATE CHIL- ISSUED BY THE ATTORNEY GEN- joint resolutions, amendments, amendments DREN’S HEALTH INSURANCE PRO- ERAL. between the Houses, motions, or conference GRAM. The Chairman of the Committee on the reports, relating to making additional in- In the House of Representatives, the chair Budget of the Senate may revise the alloca- vestments to end the tragedy of childhood of the Committee on the Budget may adjust tions of a committee or committees, aggre- lead poisoning and avoid related preventable the allocations, budget aggregates and other gates, and other appropriate levels in this medical, educational, criminal justice, and appropriate levels in this concurrent resolu- resolution, and make adjustments to the other costs, by the amounts provided in such tion for the budgetary effects of any bill or pay-as-you-go ledger, for one or more bills, legislation for those purposes, provided that joint resolution, or amendment thereto or joint resolutions, amendments, amendments such legislation would not increase the def- conference report thereon, that extends the between the Houses, motions, or conference icit over either the period of the total of fis- State Children’s Health Insurance Program reports relating to nullifying any order im- cal years 2018 through 2022 or the period of allotments, if such measure would not in- plementing adoptive forfeiture practices, the total of fiscal years 2018 through 2027. crease the deficit for the total of fiscal years which may include the order entitled, ‘‘Fed- 2018 through 2027. eral Forfeiture of Property Seized by State SA 1566. Mr. BROWN submitted an SEC. 5404. RESERVE FUND FOR THE REPEAL OR and Local Law Enforcement Agencies’’ amendment intended to be proposed to REPLACEMENT OF PRESIDENT (Order No. 3946-2017, dated July 19, 2017), by amendment SA 1116 proposed by Mr. OBAMA’S HEALTH CARE LAWS. the amounts provided in such legislation for In the House of Representatives, the chair ENZI to the concurrent resolution H. those purposes, provided that such legisla- of the Committee on the Budget may revise Con. Res. 71, establishing the congres- tion would not increase the deficit over ei- the allocations, aggregates, and other appro- ther the period of the total of fiscal years sional budget for the United States priate budgetary levels in this concurrent 2018 through 2022 or the period of the total of Government for fiscal year 2018 and resolution for the budgetary effects of any setting forth the appropriate budgetary bill or joint resolution, or amendment there- fiscal years 2018 through 2027. to or conference report thereon, that repeals levels for fiscal years 2019 through 2027; or replaces any provision of the Patient Pro- SA 1564. Mr. REED submitted an which was ordered to lie on the table; tection and Affordable Care Act or title I or amendment intended to be proposed to as follows: subtitle B of title II of the Health Care and amendment SA 1116 proposed by Mr. At the end of title III, add the following: Education Reconciliation Act of 2010 by the ENZI to the concurrent resolution H. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND amount of budget authority and outlays Con. Res. 71, establishing the congres- RELATING TO ADDRESSING THE AF- flowing therefrom provided by such measure sional budget for the United States FORDABLE HOUSING NEEDS OF for such purpose. FAMILIES, VETERANS, INDIVIDUALS Government for fiscal year 2018 and WITH DISABILITIES, AND SENIORS. SA 1562. Mr. MERKLEY (for himself, setting forth the appropriate budgetary The Chairman of the Committee on the Ms. COLLINS, Ms. BALDWIN, and Mr. levels for fiscal years 2019 through 2027; Budget of the Senate may revise the alloca- BOOKER) submitted an amendment in- which was ordered to lie on the table; tions of a committee or committees, aggre- tended to be proposed to amendment as follows: gates, and other appropriate levels in this resolution, and make adjustments to the SA 1116 proposed by Mr. ENZI to the At the end of title III, add the following: pay-as-you-go ledger, for one or more bills, concurrent resolution H. Con. Res. 71, SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND joint resolutions, amendments, amendments establishing the congressional budget RELATING TO REDUCING THE GEO- between the Houses, motions, or conference for the United States Government for GRAPHIC IMBALANCE IN FEDERAL RESEARCH FUNDING AND IMPROV- reports relating to legislation to preserve ex- fiscal year 2018 and setting forth the ING RESEARCH INFRASTRUCTURE isting affordable rental housing and create appropriate budgetary levels for fiscal AND CAPACITY THROUGHOUT THE additional affordable housing opportunities years 2019 through 2027; which was or- STATES. for families, veterans, individuals with dis- dered to lie on the table; as follows: The Chairman of the Committee on the abilities, and seniors, including the 11,000,000 Budget of the Senate may revise the alloca- renter households paying more than half of At the end of title III, add the following: tions of a committee or committees, aggre- their income toward housing, by the lll SEC. 3 . DEFICIT-NEUTRAL RESERVE FUND gates, and other appropriate levels in this amounts provided in such legislation for RELATING TO PROHIBITING DIS- CRIMINATION ON THE BASIS OF SEX- resolution, and make adjustments to the those purposes, provided that such legisla- UAL ORIENTATION OR GENDER pay-as-you-go ledger, for one or more bills, tion would not increase the deficit over ei- IDENTITY. joint resolutions, amendments, amendments ther the period of the total of fiscal years The Chairman of the Committee on the between the Houses, motions, or conference 2018 through 2022 or the period of the total of Budget of the Senate may revise the alloca- reports relating to the Established Program fiscal years 2018 through 2027.

VerDate Sep 11 2014 06:21 Oct 20, 2017 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A19OC6.139 S19OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6700 CONGRESSIONAL RECORD — SENATE October 19, 2017 SA 1567. Ms. KLOBUCHAR submitted amend title 28 of the United States trict of Georgia, Liles Clifton Burke, to an amendment intended to be proposed Code to authorize the appointment of be United States District Judge for the to amendment SA 1116 proposed by Mr. additional bankruptcy judges; as fol- Northern District of Alabama, Walter ENZI to the concurrent resolution H. lows: David Counts III, to be United States Con. Res. 71, establishing the congres- Strike ‘‘4’’ and insert ‘‘5’’ District Judge for the Western District sional budget for the United States f of Texas, Michael Joseph Juneau, to be Government for fiscal year 2018 and United States District Judge for the setting forth the appropriate budgetary AUTHORITY FOR COMMITTEES TO Western District of Louisiana, A. levels for fiscal years 2019 through 2027; MEET Marvin Quattlebaum, Jr., to be United which was ordered to lie on the table; Mr. TOOMEY. Mr. President, I have 5 States District Judge for the District as follows: requests for committees to meet during of South Carolina, Karen Gren Scholer, At the end of title III, add the following: today’s session of the Senate. They to be United States District Judge for SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND have the approval of the Majority and the Northern District of Texas, Tilman RELATING TO LOWERING PRESCRIP- Minority leaders. Eugene Self III, to be United States TION DRUG PRICES BY LIFTING THE Pursuant to rule XXVI, paragraph District Judge for the Middle District BAN ON MEDICARE NEGOTIATING PART D PRESCRIPTION DRUG 5(a), of the Standing Rules of the Sen- of Georgia, and John C. Demers, of Vir- PRICES. ate, the following committees are au- ginia, to be an Assistant Attorney Gen- The Chairman of the Committee on the thorized to meet during today’s session eral, Scott C. Blader, to be United Budget of the Senate may revise the alloca- of the Senate: States Attorney for the Western Dis- tions of a committee or committees, aggre- COMMITTEE ON AGRICULTURE trict of Wisconsin, Mark A. Klaassen, gates, and other appropriate levels in this to be United States Attorney for the resolution, and make adjustments to the The Committee on Agriculture is au- thorized to meet during the session of District of Wyoming, William C. pay-as-you-go ledger, for one or more bills, Lamar, to be United States Attorney joint resolutions, amendments, amendments the Senate on Thursday, October 19, between the Houses, motions, or conference 2017, at 2 p.m., in room S–1216, to con- for the Northern District of Mis- reports relating to lowering prescription duct a hearing the following nomina- sissippi, John R. Lausch, Jr., to be drug prices by lifting the ban that makes it tions: Gregory Ibach, of Nebraska, to United States Attorney for the North- illegal for Medicare to negotiate prescription be Under Secretary for Marketing and ern District of Illinois, and J. Douglas drug prices on behalf of millions of seniors Regulatory Programs, and William Overbey, to be United States Attorney by the amounts provided in such legislation Northey, of Iowa, to be Under Sec- for the Eastern District of Tennessee, for those purposes, provided that such legis- all of the Department of Justice. lation would not increase the deficit over ei- retary for Farm and Foreign Agricul- ther the period of the total of fiscal years tural Services, both of the Department f 2018 through 2022 or the period of the total of of Agriculture. RESOLUTIONS SUBMITTED TODAY fiscal years 2018 through 2027. COMMITTEE ON ARMED SERVICES Mr. PORTMAN. Mr. President, I ask The Committee on Armed Services is Mr. McCONNELL proposed unanimous consent that the Senate SA 1568. authorized to meet during the session an amendment to the bill H.R. 2266, to now proceed to the en bloc consider- of the Senate on Thursday, October 19, amend title 28 of the United States ation of the following Senate resolu- 2017, at 9:30 a.m., in open and closed Code to authorize the appointment of tions, which were submitted earlier session to receive testimony on the additional bankruptcy judges; and for today: S. Res. 298, S. Res. 299, and S. roles and responsibilities for defending other purposes; as follows: Res. 300. the nation from cyberattack. There being no objection, the Senate At the end add the following. COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘This Act shall take effect 1 day after the proceeded to consider the resolutions AND PENSIONS date of enactment.’’ en bloc. The Committee on Health, Edu- Mr. PORTMAN. Mr. President, I ask SA 1569. Mr. MCCONNELL proposed cation, Labor, and Pensions is author- unanimous consent that the resolu- an amendment to amendment SA 1568 ized to meet during the session of the tions be agreed to, the preambles be proposed by Mr. MCCONNELL to the bill Senate on Thursday, October 19, 2017, agreed to, and the motions to recon- H.R. 2266, to amend title 28 of the at 10 a.m., in room SD–430, to conduct sider be considered made and laid upon United States Code to authorize the ap- a hearing entitled ‘‘Examining How the table, all en bloc. pointment of additional bankruptcy Healthy Choices Can Improve Health The PRESIDING OFFICER. Without judges; and for other purposes; as fol- Outcomes and Reduce Costs.’’ objection, it is so ordered. The resolutions were agreed to. lows: COMMITTEE ON FOREIGN RELATIONS The preambles were agreed to. Strike ‘‘1 day’’ and insert ‘‘2 days’’ The Committee on Foreign Relations (The resolutions, with their pre- is authorized to meet during the ses- ambles, are printed in today’s RECORD SA 1570. Mr. MCCONNELL proposed sion of the Senate on Thursday, Octo- under ‘‘Submitted Resolutions.’’) an amendment to the bill H.R. 2266, to ber 19, 2017, at 10:30 a.m. to hold a hear- amend title 28 of the United States ing entitled ‘‘Food Aid.’’ f Code to authorize the appointment of COMMITTEE ON THE JUDICIARY ORDERS FOR MONDAY, OCTOBER additional bankruptcy judges; and for The Committee on the Judiciary is 23, 2017 other purposes; as follows: authorized to meet during the session Mr. PORTMAN. Mr. President, I ask At the end add the following. of the Senate on Thursday, October 19, unanimous consent that when the Sen- ‘‘This Act shall take effect 3 days after the 2017, at 10 a.m., in room SD–226 to con- ate completes its business today, it ad- date of enactment.’’ duct a hearing on the following nomi- journ until 3 p.m., Monday, October 23; SA 1571. Mr. MCCONNELL proposed nations: Stephanos Bibas, of Pennsyl- further, that following the prayer and an amendment to amendment SA 1570 vania, to be United States Circuit pledge, the morning hour be deemed proposed by Mr. MCCONNELL to the bill Judge for the Third Circuit, Allison H. expired, the Journal of proceedings be H.R. 2266, to amend title 28 of the Eid, of Colorado, to be United States approved to date, the time for the two United States Code to authorize the ap- Circuit Judge for the Tenth Circuit, leaders be reserved for their use later pointment of additional bankruptcy Annemarie Carney Axon, to be United in the day, and morning business be judges; and for other purposes; as fol- States District Judge for the Northern closed; further, that following leader lows: District of Alabama, Michael Lawrence remarks, the Senate resume consider- Strike ‘‘3 days’’ and insert ‘‘4 days’’ Brown, to be United States District ation of the House message to accom- Judge for the Northern District of pany H.R. 2266, with the time until 5:30 SA 1572. Mr. MCCONNELL proposed Georgia, Thomas Alvin Farr, to be p.m. equally divided between the two an amendment to amendment SA 1571 United States District Judge for the leaders or their designees; further, that proposed by Mr. MCCONNELL to the Eastern District of North Carolina, notwithstanding the provisions of rule amendment SA 1570 proposed by Mr. William M. Ray II, to be United States XXII, the pending cloture motion ripen MCCONNELL to the bill H.R. 2266, to District Judge for the Northern Dis- at 5:30 p.m.

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