Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

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, AUGUST 3, 2017 No. 132 House of Representatives The House was not in session today. Its next meeting will be held on Friday, August 4, 2017, at 1 p.m. Senate THURSDAY, AUGUST 3, 2017

The Senate met at 10 a.m. and was to the Senate from the President pro ment. Yesterday afternoon, we con- called to order by the Honorable LU- tempore (Mr. HATCH). firmed a nominee to the National THER STRANGE, a Senator from the The senior assistant legislative clerk Labor Relations Board who will help to State of Alabama. read the following letter: return it—after 8 years of habitually f U.S. SENATE, siding with union bosses over work- PRESIDENT PRO TEMPORE, ers—to its intended role as an impar- PRAYER Washington, DC, August 3, 2017. tial judge that calls balls and strikes in The Chaplain, Dr. Barry C. Black, of- To the Senate: labor disputes. fered the following prayer: Under the provisions of rule I, paragraph 3, All of this is progress, but we still Let us pray. of the Standing Rules of the Senate, I hereby have nominees to confirm for positions Almighty God, who is the same yes- appoint the Honorable LUTHER STRANGE, a across many agencies in both security terday, today, and forever, we are tran- Senator from the State of Alabama, to per- sient creatures who long for a sense of form the duties of the Chair. and nonsecurity roles. Many Cabinet permanence. Help us to find our perma- ORRIN G. HATCH, members still await the No. 2 officials President pro tempore. nence with a fixed and abiding faith in for their departments. So we have more You. Mr. STRANGE thereupon assumed to do. Lord, strengthen our lawmakers for the Chair as Acting President pro tem- The same is true of legislation. We the challenges of these times. Keep pore. had to pass the Veterans Choice legis- them in the shadow of Your wings, pro- f lation. We have. In fact, we passed tecting them from seen and unseen some additional veterans legislation, dangers. Use Your powerful arm to RECOGNITION OF THE MAJORITY as well. guide, protect, and sustain our Nation. LEADER Under the last administration, we Hasten the day when people every- The ACTING PRESIDENT pro tem- learned of a shocking scandal that where will seek and find You. pore. The majority leader is recog- spread through Veterans Affairs facili- Lord, let the tranquility of Your do- nized. ties across the Nation. We all agreed minion increase in our Nation and f that our veterans deserved far better world. than that. Ever since, Congress has We pray in Your sovereign Name. WORK BEFORE THE SENATE continued to work on a number of ini- Amen. Mr. MCCONNELL. Mr. President, ear- tiatives designed to bring more justice f lier this week, I set out a number of to veterans and more reform to the VA. PLEDGE OF ALLEGIANCE items for the Senate to get done during Senator ISAKSON, the chairman of the this work period, both in terms of Veterans’ Affairs Committee, has been The Presiding Officer led the Pledge nominees and legislation. a tireless advocate for our Nation’s of Allegiance, as follows: First on nominees, we had to confirm veterans and a driving force on seeing I pledge allegiance to the Flag of the an FBI Director, and we have done these bills through committee and United States of America, and to the Repub- through the Senate. We passed a num- lic for which it stands, one nation under God, that. We needed to make progress on a indivisible, with liberty and justice for all. number of other nominations that have ber of good reforms into law already. We continue to build on that progress f been held up for entirely too long. Slowly but surely, we are. We con- today. APPOINTMENT OF ACTING firmed a well-qualified judicial nomi- Just a couple of months ago, we PRESIDENT PRO TEMPORE nee. We confirmed several officials who passed important VA reform legisla- The PRESIDING OFFICER. The will be critical to advancing adminis- tion that is now law. The Department clerk will please read a communication tration policy in the Defense Depart- of Veterans Affairs Accountability and

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

S4781

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.000 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4782 CONGRESSIONAL RECORD — SENATE August 3, 2017 Whistleblower Protection Act is help- RESERVATION OF LEADER TIME sities entice these young people into ing to shore up accountability meas- The ACTING PRESIDENT pro tem- signing up for classes that are worth- ures, improve transparency, and en- pore. Under the previous order, the less. They end up not preparing them hance the VA’s ability to remove un- leadership time is reserved. for any job. Now they are in a terrible satisfactory employees, while also pro- fix. If they finish the course, they have tecting those who speak up about f a heavy, large student debt and they wrongdoing within the VA. CONCLUSION OF MORNING end up in a position where they can’t Just this week we passed through BUSINESS get a job and pay it off. more veterans bills. One heads back to How often does this happen? Think of The ACTING PRESIDENT pro tem- three numbers. So 9 percent of students the House for final passage. The Vet- pore. Morning business is closed. erans Appeals Improvement and Mod- graduating from high school today in ernization Act will help address the f America go to for-profit colleges and delays that many veterans have experi- FDA REAUTHORIZATION ACT OF universities. What am I talking enced by modernizing the VA’s anti- 2017—MOTION TO PROCEED about—for-profit? There is the Univer- quated claims appeals process. The sity of Phoenix, DeVry, Rasmussen, The ACTING PRESIDENT pro tem- other two bills now await the Presi- and the list goes on and on. So 9 per- pore. Under the previous order, the dent’s signature. The VA Choice and cent of high school students go to these Senate will resume consideration of Quality Employment Act we passed schools, and 20 percent or more of Fed- the motion to proceed to H.R. 2430, earlier this week will provide addi- eral aid to education goes to these which the clerk will report. tional resources to shore up the crit- schools. Why? Because the tuition they The senior assistant legislative clerk ical Veterans Choice Program so that charge is so high. But here is the kick- read as follows: veterans who face long wait and travel er: 35 percent, one out of three students times at VA facilities will have the op- Motion to proceed to Calendar No. 174, in America who defaults on their stu- tion of accessing private care instead. H.R. 2430, a bill to amend the Federal Food, dent loans has attended these for-profit Drug, and Cosmetic Act to revise and extend The Harry W. Colmery Veterans Edu- colleges and universities. the user-fee programs for prescription drugs, We decided under the previous ad- cation Assistance Act we passed yes- medical devices, generic drugs, and bio- terday will expand access for veterans similar biological products, and for other ministration, the Obama administra- to GI bill benefits as they transition purposes. tion, to start asking some hard questions. How are these for-profit colleges back to civilian life. The ACTING PRESIDENT pro tem- and universities enticing these stu- I want to thank the President and his pore. Under the previous order, the dents in? What are they saying to them administration for working with Con- time until 11 a.m. will be equally di- to bring them in to sign up for classes gress to improve healthcare for our Na- vided between the two leaders or their tion’s veterans. I also want to thank and for their student loans? designees. Secondly, if the students finish their again Senator ISAKSON for his unwaver- The Senator from Illinois. degrees at these for-profit colleges and ing leadership on veterans issues and FOR-PROFIT COLLEGES AND UNIVERSITIES universities, how likely are they to end VA reforms. He has never stopped Mr. DURBIN. Mr. President, I want up with a job that is worth some- working to strengthen the VA system to start this morning’s presentation on thing—a job that allows them to pay for those who rely on it and to over- the floor of the Senate with a question. back their student loan? Those are le- come the systemic problems that have What is the most heavily subsidized gitimate questions; aren’t they? If you left many veterans frustrated and hurt- private business in America—the for- were the parent of a child who said: ing. These veterans bills can make a profit business that receives more Fed- Dad, I just heard about the University real impact in the lives of the people eral subsidies than any other? Is it a of Phoenix, and I want to go to school we represent. defense contractor? No. Is it some there, you would obviously say: Well, That is also true of the FDA legisla- farming operation? No. what are you interested in taking? Is it tion we need to pass during this work The most heavily subsidized for-prof- a good course? How much does it cost? period as well. I am hopeful we will it, private business in America today is What will be your debt when you are have the opportunity to do so today. for-profit colleges and universities. finished? What is your likelihood of This legislation, which was passed by Why? Because the revenue they receive finding a job? Those are obvious ques- the HELP Committee on a 21-to-2 bi- from the Federal Government accounts tions. We put all those questions into partisan vote, is more important than for 85, 90, 95 percent or more of all of something called the gainful employ- ever in light of lifesaving developments the revenue they take in. How can that ment rule. At the end of graduating in immunotherapy. It has never been possibly be? How could you run a pri- from for-profit colleges and univer- more relevant, given that personalized vate for-profit business and have a Fed- sities, will you be gainfully employed medicine is just over the horizon. Pass- eral subsidy of 98 percent? How is that as a graduated student into a job that ing this legislation will help speed up possible? gives you a chance to pay off your stu- the drug approval process for patients Here is how it works. A student grad- dent loan and really keeps the promise in need. It will help address the time uates from high school. The student that the for-profit school made to you? and cost of bringing lifesaving drugs to applies to a for-profit college or univer- Just weeks ago, the new Secretary of market. It will allow the important sity. The for-profit college or univer- Education, Betsy DeVos, announced work of ensuring our drugs and devices sity accepts the student on the condi- that our U.S. Department of Education are safe and effective to move forward. tion that the student sign over Pell was going to rewrite the gainful em- I want to recognize the chairman of grants—Federal money—and the stu- ployment rule. The rule, as I said, was the HELP Committee, Senator ALEX- dent’s Federal Government loan. The written by the Obama administration ANDER, for helping to make this crit- student signs over the Pell grant, signs after years of contentious debate with ical legislation a top priority and for over the loan, and is enrolled in the the industry. It was designed to ensure working with colleagues to move it in school. that career training programs that re- a timely manner. This for-profit school now is home ceive Federal student aid are meeting We are making progress this week for free. They admitted the student. They their statutory obligation to prepare the future of lifesaving medicine for received all the money from the stu- the students for a job—for gainful em- our veterans and for the leadership of dent, and the student is headed for ployment. our country’s most critical agencies. classes. It works only if the student, at Don’t forget that a lot of young peo- We know we still have more to do in all the end of the day, ends up with some ple applying for college are in families of these areas, but we are passing crit- value in their education—some experi- that have limited college experience. ical legislation. We are confirming ence that helps them go on to get a job Mom and Dad may have never gone to nominees to important positions, and to pay off their student loans. college. So when you say DeVry or Uni- we are taking steps in the right direc- It turns out that, in too many in- versity of Phoenix, Mom and Dad may tion. stances, for-profit colleges and univer- say: Is it any good, Son? Is it any good,

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.001 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4783 Daughter? The son or daughter can themselves in a job they can’t pay off $20,493. That is almost $2,000 more a say: Dad, the Federal Government will their student loan. Let me give you a year. Oh, I forget. I forgot $144,000 in loan me the money to go there. It must specific example so you can really un- debt that I also have. Let’s do the be a good school. They wouldn’t loan derstand what we have run into. math. How many years of an additional me the money to go to a place that is The digital photography program at $2,000 to pay off $144,000? It is only 72 bad. That is a natural reaction. We are, the Illinois Institute of Art in years, and you would be able to pay off in fact, condoning, endorsing this in- Schaumburg, IL—now, let me quickly your student debt. What a rip-off. dustry by saying: If you go to these add, the folks who put this together These people ought to be ashamed of schools, you get taxpayer-funded stu- were pretty smart. We have an out- themselves, and we ought to be dent loans. standing college in Chicago called the ashamed of ourselves that we are sup- I don’t think it is too much to ask Art Institute of Illinois. My daughter porting this kind of fraudulent activity the programs promising to train stu- graduated from there. However, this at the expense of students who were dents for specific jobs that actually bunch, the for-profit group, decided to just trying to get a better education. lead to students being able to get those call their operation the Illinois Insti- That is why we wrote this gainful jobs and, in the process, repay their tute of Art, instead of the Art Institute employment rule, to say to the Illinois loans. of Chicago. Institute of Art and those just like The gainful employment rule cuts off They are owned by a for-profit giant, them: Stop it. Stop fleecing these kids, Federal student aid if programs where the Education Management Corpora- stop burying them in debt. Inciden- graduates’ ratio of student debt to tion. They failed the gainful employ- tally, many times parents and even earnings is too high during any 2 years ment rule in the year 2016. Listen to grandparents sign on for that debt too. of a 3-year period. We look at the jobs what it wrote on their website for stu- You know something else you ought of the graduate of the for-profit dents who wanted to enroll: to remember? Of all the debts you schools, we look at the income of the There’s a market for people who con- could incur in life, there are only a students, and then ask: What is the stantly find innovative ways to fill the world handful of them that can never be dis- likelihood that student can make their with their ideas, impressions, and insights. charged in bankruptcy. Student loans student loan repayment based on their And Digital Photography can help you make would happen to be in that category. employment? Is it, in fact, gainful em- a positive impression when you’re ready to Do you know what that means? No match your talents against the competition. matter how bad it gets—and it could ployment? From the very start, we’ll guide your devel- So prior to leaving office, the Obama get to the point where you have no in- opment, both creatively and technically . . . come whatsoever—no matter how bad Department of Education released it’s a step-by-step process that’s all about gainful employment data for the year preparing you for a future when you can do it gets, you can’t go to the courts and 2016. It showed that graduates of public what you love. say: Please, turn me free. Discharge this debt in bankruptcy. Give me a undergraduate certificate programs— That is what is on the website for the chance to start all over again. now that is those who go to community high school student who likes the idea colleges, different colleges altogether— You can do it with your home mort- of majoring in digital photography at gage. You can do it with an auto loan. earn $9,000 more than those who went the Illinois Institute of Art in to for-profit colleges and universities. You can do it if you have a loan for a Schaumburg. Boy, doesn’t that sound boat but not with student loans. It is Do you know what the difference is? good? If you decide to go to a community with you for a lifetime. So let’s contrast that with what the We have had cases where Grandma college in my home State of Illinois, in gainful employment rule found about decided to help her granddaughter by my hometown of Springfield, and go to that particular program. Get ready. Do cosigning the note at one of these mis- Lincoln Land Community College—a you know what the total cost of the erable schools. The granddaughter great community college like most of digital photography course was at the couldn’t pay back the student loan, those in our State—you are going to Illinois Institute of Art, the for-profit and they went after Grandma’s Social get an education, a good one, and it school—total cost of tuition, fees, Security payments. That is what this will not cost you much. Let me give books, and supplies to prepare you to is all about. That is how serious this you the kicker. All of your hours can be a digital photographer? It is can become. be transferred to upper level colleges $88,000—$88,000. It gets better. That is if There is no way students leaving that and universities, but if you make a bad you live off campus. digital photography program at this decision and go to a for-profit college, Do you want to live on campus? The for-profit college in Schaumburg will different things happen. You end up company helps you find an apartment ever repay their loans making that with a real debt for that first year out nearby. Over the 4 years, it is an addi- money. Under the gainful employment of high school and guess what. Vir- tional $56,000. rule, if the Illinois Institute of Art tually none of the credit hours you Let’s do the quick math here. That is doesn’t change its program or lower its take at that for-profit school can be $144,000 in debt, finishing 4 years, ma- price or help its students get better transferred to any other college or uni- joring in digital photography at the Il- jobs, we would stop providing student versity. That is the reality of what stu- linois Institute of Art. How many stu- loans to the students who are engaged dents face. dents have to borrow money to do in that program. We are not going to Of the programs that saddled stu- that? Eighty four percent of the stu- be complicit—we shouldn’t be—in this dents with too much debt compared to dents who went to that school and took fraud. The rule requires schools to post the income students receive after the digital photography had to borrow the their gainful employment data online program—listen to this—when we money—84 percent. using a new, easy-to-read disclosure so looked at all of the student debt and Guess what the typical graduate of students can read what happened to all of the jobs of all of the graduates the Illinois Institute of Art in students who took the digital photog- across the United States, it turns out, Schaumburg, IL, in the digital photography course. Did they get jobs? How 98 percent of the students who couldn’t raphy course earns after leaving the much did they earn? pay off their student loans after grad- program. Do you remember that prom- That is also one of the requirements uating went to for-profit colleges and ise on their website? How much do they of the gainful employment rule. It re- universities. That was the 2016 anal- earn? On average, it is $20,493—$20,493. quires schools to provide warnings to ysis. That is what led to the gainful Here is a quick calculation. What if I students in advertising and marketing employment rule. am being paid the minimum wage in materials about failing programs so This is cruel to take a young person America? In Illinois, it is $9.25 an hour. they know before they sign up—they who is doing just what they were told Well, I would be making right around know before they go in debt. to do—go to college, get a degree, don’t $18,500 a year in a minimum-wage job. Think about what these disclosures quit with high school—saddle them I have gone to the Illinois Institute of and warnings might have meant to with debt, make an empty promise Art in Schaumburg to take the digital Ami Schneider from Hoffman Estates, about what is going to happen after photography course and instead of IL. Ami went to this notorious art in- they graduate, and then they find making $18,500 a year, I am making stitute—the Illinois Institute of Art—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.002 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4784 CONGRESSIONAL RECORD — SENATE August 3, 2017 the Schaumburg digital photography more if they could—and then compare controversial nominees as we move for- program from 2007 to 2010. She wrote it to what these CEOs pay themselves ward in September. Of course, con- me a letter and told me her story. off these poor students. It is disgrace- troversial nominees will still require Ami said she moved out of her par- ful. For the sake of the students and the proper vetting, but I am committed ents’ house at age 19, and after a few taxpayers who immediately would ben- to help move noncontroversial, bipar- years, realized she couldn’t have the efit from real warnings, it is time for tisan nominees forward. life she wanted with the job she was us in Congress to speak up. I hope the fever is breaking. There is working. She was getting 50-cent-an- We also know Secretary DeVos in- a real desire in this body to move past hour raises every year. She said: I tends to eventually rewrite the gainful the acrimony of the healthcare debate wanted to pursue a career, and I really employment rule, what she called a and get to a place where we can work was serious. I was passionate about it. ‘‘regulatory reset.’’ What does that together to advance legislation that She visited this Illinois Institute of Art mean? helps the American people. I am hope- campus in Schaumburg. ‘‘I went into We hear a lot of speeches on the floor ful that the discussions between the [the school],’’ she wrote me, ‘‘and they about too much government regula- Republican leader and me will produce fed me all these success stories. They tion. If you were Ami Schneider or her a package of nominees we can confirm told me they had [an] excellent place- parents, would you consider a disclo- today. ment’’ program. sure to students about the real results TAX REFORM What do you think would have hap- of their education, a disclosure to stu- Mr. President, the Republican leader pened if they would have told Ami that dents about the debt they are going to has said that the next big issue this at the end of the day, she would have incur and the income they are likely to body will take up is taxes. Democrats been making slightly more than min- earn overregulation by the Federal were excluded from even participating imum wage after taking all these Government? in healthcare discussions from the very courses and incurring all this debt? We are putting a lot of money on the first day of Congress, a process that ul- What if they had been required to tell line to give $100,000, at least, of the timately ended in failure. So we have Ami that employers wouldn’t accept Federal taxpayers’ dollars to Ami to go made the first overture this time to her degree and she would never pay off to school, but she has to promise to show our Republican friends we are se- her student loan? pay it back. If she defaults, that money rious about a bipartisan process on tax Well, Ami and tens of thousands of isn’t paid back into the Treasury. For reform. We sent them a letter outlining students like her across the country the good of the taxpayers as well as for three very basic principles. This is a would have been spared from a hard- her family, we should have some basic guideline for our Republican colleagues ship that can change their lives. Ami regulations, some basic accountability. to come work with us. These are very says her time at the Illinois Institute While Secretary DeVos says the rule simple principles that I think the vast of Art ‘‘ended up ruining my life.’’ In is unfair and arbitrary, the Depart- majority of Americans would support. her twenties, she made a decision to go ment of Education Inspector General Let me say what they are. to college, got so deeply in debt, and agreed with the assertion that it was a First, the Republican leader has said can’t pay it back. good rule in terms of protecting kids that he would pursue reconciliation The program culminated in a port- and protecting taxpayers. I am proud again, a process that purposefully ex- folio show where the students dis- to say the rule is supported by many cludes Democrats almost again on the played their best work. Do you know State Attorneys General, including first day we begin to talk about tax re- how many employers—after Ami fin- Lisa Madigan in my home State of Illi- form. The majority leader brought ished the course and did her display— nois, veterans groups, and student ad- down the curtain on bipartisan tax re- do you know how many employers vocates. form before a discussion between our showed up for Ami’s class portfolio Secretary DeVos said the gainful em- two parties could even begin. He says show at the Illinois Institute of Art? ployment rule has been ‘‘repeatedly that Democrats don’t want to have a None. Not one. . . . overturned by the courts’’ Wrong. bipartisan discussion. Of course we do. Ami and her family who took out the In effect, since it went into effect in We have said this over and over again loans to help her now hold more than 2015, every Federal court it has been in until we are blue in the face, but I $100,000 in student loan debt from her front of has upheld the underlying rule. guess the majority leader somehow time at the Illinois Institute of Art. The Secretary is just plain wrong. didn’t like the three principles we laid She is stuck with a degree which, as It is time for Secretary DeVos and out, and I would like him to specifi- she said, she ‘‘considered a joke.’’ the Trump administration to stop aid- cally answer what it was. Using the questionable legal author- ing and abetting for-profit colleges We know he probably agrees, so ity, which she claims she has, the new that defraud students and bilk tax- which of these three principles does the Secretary of Education, Betsy DeVos, payers. majority leader disagree with? Tell us. has decided to delay for a year the re- Mr. President, I yield the floor. Which of the three? We know he prob- quirement that schools warn students RECOGNITION OF THE MINORITY LEADER ably agrees with the third. Surely he like Ami about these failing pro- The ACTING PRESIDENT pro tem- can’t think that a blunt budget tool grams—delayed it for a year. That is pore. The Democratic leader is recog- that excludes 48 Members of the Senate another year that for-profit education nized. is a good way to write legislation. He companies will be able to hide the NOMINATIONS has said so many times himself. I truth about their miserable results. It Mr. SCHUMER. Mr. President, as the quoted him yesterday. means students are going to be de- Senate wraps up its work this week, I He warned the Senate about becom- frauded because Education Secretary have been in multiple discussions with ing ‘‘an assembly line for one party’s Betsy DeVos has decided to let it hap- my friend the majority leader about partisan legislative agenda.’’ Those are pen. clearing nominations with bipartisan Senator MCCONNELL’s words. The Sen- It means more students like Ami and support, and we have made significant ate should not become ‘‘an assembly more Federal dollars in the pockets of progress. Now that we have moved past line for one party’s partisan legislative these greedy, for-profit college execu- the terrible process used on healthcare, agenda.’’ That is what he did on tives. You wouldn’t believe what these I hope we can get back to our normal healthcare. Is he doing it again on tax people pay themselves who head up way of legislating and clearing non- reform? I hope not. these for-profit colleges and univer- controversial nominees. The two are Well, we know he probably agrees sities. Take the most successful bas- tied together. They can’t avoid regular with the second principle: no increase ketball coach in the United States of order when they want to and say that to the debt and deficit. We know he America at the college level, take the Democrats should use regular order agrees because he has said so before. most successful football coach in a whenever they want us to. The Republican leader and Members of State like Alabama, take a look at Now that healthcare is done, I think his party have spent decades assailing what they get paid—and I am sure in we can tie the two together—the nor- the debt and deficit. As recently as Alabama they would pay them even mal way of legislating, clearing non- May 16, the Republican leader told

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.004 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4785 Bloomberg TV that tax reform will The stock market is mainly owned limit almost every immigration pro- have to be revenue-neutral, so that one by the wealthy. As of 2013, the top 20 gram except the one that benefits his doesn’t seem to be it. Again, I would percent own 92 percent of all stock own business. like to hear what he has to say explic- shares. So when the stock market is I yield the floor. itly so that we can work together. going up, it is helping the 1 percent. The ACTING PRESIDENT pro tem- It leaves us with the first principle: Average Americans are not looking pore. The Senator from Maine. no tax cuts for the top 1 percent. Here for stocks to go up, not looking for cor- Ms. COLLINS. Thank you, Mr. Presi- again, I understand why the majority porate profits to hit record levels, as dent. leader and my Republican friends don’t much as they are looking at how are I rise in support of the Food and Drug want to come out and say that this is their paychecks, how are their ex- Administration Reauthorization Act the reason they have decided to pursue penses. That is why we have a better that we are now considering. Let me a tax bill on their own, but it almost deal for them. We want paychecks for begin by commending Chairman ALEX- certainly is. average Americans to go up. We want ANDER and Ranking Member MURRAY of Tax cuts for the wealthy are ex- expenses for average Americans to go the Senate Health, Education, Labor, tremely unpopular with the American down. We want them to have better and Pensions Committee for their lead- people—and for good reason. The top 1 tools, so they and their kids can make ership in bringing this important legis- percent of this country takes 20 per- a better living in the 21st century. lation to the Senate floor. This bill is cent of our income, a great percentage The focus of the stock market is on the product of bipartisan, bicameral of its wealth. The wealthy are doing people at the highest end. Many will work and is proof that we can make well. God bless them. Their incomes dispute whether President Trump de- progress when we work together on the are going up at a faster rate than those serves credit for it, but whether you areas where we can find agreement. of anybody else, but when we are talk- think so or you don’t—I don’t, by and FDA user fees, which are reauthor- ing about our Tax Code and rewriting large—it is not what the American peo- ized under this bill, are critical to mov- it, we shouldn’t be focused on giving ple are looking for, and it is not a basis ing the most advanced research from a the 1 percent another tax break while for bragging about the economy. promise to a cure and ensuring that millions of working families struggle Well, going back to taxes—the Amer- new treatments reach patients in need. to afford the cost of college, prescrip- ican people will rebel against a tax cut User fees, where companies fund a portion drugs, food, and healthcare. for the wealthy, so the Republicans tion of the premarket review of their I am afraid the majority is in the clearly will not talk about it in their products, account for more than one- same boat as they were with plan. They will give a crumb to the quarter of all FDA funding. Yet the healthcare. They don’t want to say middle class and try to hide a massive FDA’s authority to collect these fees that their real reason for changing giveaway to the already fortunate. I will expire at the end of next month healthcare is wanting to slash Med- can see no other reason why they ob- unless Congress acts, thus the urgency of getting this bill across the finish icaid. A good number of courageous ject to these three very reasonable, line. Members on the other side said: We very popular principles other than That is why it is imperative that we won’t do that. But that was the core of that, and we hope they will not try to the Senate bill. They knew it was un- advance this bill now and ensure that sneak it through in the same partisan work on these promising new pharma- popular with the American people, so process. they didn’t talk about it. They entered ceuticals continues uninterrupted. IMMIGRATION into a process that hid it from the In May, the HELP Committee, on Finally, Mr. President, a word on im- which I am pleased to serve, over- American people. migration: Yesterday, I heard the I think, unfortunately, history is re- whelmingly approved bipartisan legis- President railing against migrant peating itself. They know how unpopu- lation to extend and reauthorize the workers and wrapping his arms around lar cutting taxes on the top 1 percent FDA fees in order to support the public is, but for the special interest, Koch the Cotton-Perdue bill. The bill goes health of our Nation. The bill before us brother wing of their party, that is after hard-working people who want to also incorporates many provisions that their No. 1 goal. All they talk about is play by the rules, contribute to our were advanced by individual Com- cutting taxes on the wealthy. So they economy, and earn citizenship, while mittee Members. It is a great example are stuck. When will my colleagues doing nothing to address the unscrupu- of how a committee process should have the courage to break free from lous practices of employers who abuse work. It was collaborative. We each the Koch brothers and special inter- our visa programs to outsource jobs brought ideas to the table, and during ests? and displace American workers. our markup, those ideas were offered as Don’t give breaks to the top 1 per- Here is what I would like to focus on. amendments and in many cases incor- cent. Everyone knows they don’t need The President has this nice announce- porated into the legislation. it. It is an old, discredited idea that ment that he is cutting back on immi- I thank the chairman and the rank- has lost its steam except among the gration, but a month ago he actually ing member for including in this im- hard-right, Koch brother wing of the increased the number of H–2B visas—a portant legislation provisions that I Republican Party. Most Americans— program the President knows well. authored with Senator CLAIRE MCCAS- Democrats, Republicans, and Independ- Why? A lot of those with H–2B visas KILL. Those provisions seek to accel- ents—don’t go for it. So break free. work in hotels. I don’t know how erate the review process for prescrip- If our Republican colleagues’ whole many, but I bet a good number are in tion drugs in cases where there is lim- basis for doing tax reform is cutting Trump Hotels. So when the President ited or no competition. Our purpose is taxes on the top 1 percent, we are going actually looks at immigration in his to lower or at least moderate the esca- to send that message from one end of own businesses, he says: We need more lating prescription drug prices that are America to the other, and their ideas immigrants. When asked before, he has one of the key cost drivers in our will certainly fail, as they did with said: Well, we couldn’t get American healthcare system today. healthcare. workers. But when he comes up with During the last Congress, our Senate In a related point, I saw this morning his big immigration plan—I think not Aging Committee, which I chair—and that President Trump has been brag- appealing to the higher instincts of at that time Senator MCCASKILL was ging about the success of the stock Americans—he says: Slash it. Those the ranking member—had a bipartisan market, which, by the way, was al- two are complete contradictions. To investigation into the causes, impacts, ready going up. It went up more points hold both of those views is to hold hyp- and potential solutions to the egre- under President Obama than under ocritical views. gious price spikes for certain off-patent President Trump. It started going up The President wants to talk about drugs for which there were no generic years ago. It is just continuing. Most immigration because he thinks the pol- competitors. economists would give President itics are to his advantage, but, in Now, let me explain this situation a Obama at least as much credit as truth, his immigration policy has a little more. President Trump. But that is not the stunning hypocrisy at the core of it. What we found was happening is that point I wish to make. The President criticizes and seeks to in cases in which the patent on the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.005 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4786 CONGRESSIONAL RECORD — SENATE August 3, 2017 original brand name pharmaceutical underscores the urgent need for legisla- Our legislation will help to foster a had expired, there were these compa- tion to prevent bad actors from taking much healthier and more competitive nies that were not traditional pharma- advantage of a noncompetitive market- generic marketplace as the best de- ceutical companies—they were not place. fense against such exploitation. I am firms that had invested hundreds of Second, the bill would improve com- pleased that our bipartisan plan will millions in R&D in order to develop a munications between the FDA and the increase generic competition, which is new prescription drug. That is not eligible sponsors prior to the submis- so important for American families what we are talking about. We are sion of an application for the approval and our seniors, particularly, who take talking about these pharma compa- of a generic drug. That would improve a disproportionate number of the pre- nies—I call them hedge fund pharmas— the quality of applications from the be- scription drugs that are prescribed in that wait until the patent has expired, ginning, increasing the chances of suc- this country. then buy the pharmaceutical drug and cessful approval by the FDA. Before closing, let me briefly men- virtually overnight impose egregious Third, new reporting requirements tion another important provision in price increases. One of the executives would provide increased transparency the bill before us, the Over-the-Counter of these companies, when asked why he into the backlog of applications for Hearing Aid Act of 2017. Approximately did so, answered simply ‘‘because I drug approvals and pending generic and 30 million Americans experience age- can.’’ priority review applications. related hearing loss. Yet only about 14 Obviously, that has a very detri- Fourth, this bill would provide the percent of those with hearing loss use mental impact on patients, on public with accurate information about assistive hearing technology, often be- healthcare providers, on insurers, and drugs with limited competition. Drug cause they simply cannot afford the on Federal programs such as Medicaid manufacturers would be required to no- price of costly hearing aids. and Medicare. tify and provide rationale when remov- We know from a hearing that we re- So building on our investigation, ing a drug from the market, and the cently held in the Aging Committee Senator MCCASKILL and I sponsored FDA would publish a list of off-patent that social isolation among our seniors legislation, called the Making Pharma- brand name drugs that lack generic can be exacerbated by hearing loss that ceutical Markets More Competitive competitors, so that if you were a ge- is left untreated. That, in turn, in- Act, to foster a more competitive generic drug company, you would know creases that social isolation and in- neric marketplace and to improve ac- that this would be an opportunity to creases the risk of serious mental and cess for affordable medicines. That is develop a competitor drug. physical health outcomes. By making I give the new FDA Commissioner a key. If we can have more competition some types of hearing aids available great deal of credit for his incor- in the prescription drug marketplace, over the counter, just as people buy porating some of our provisions. He that is what drives down costs, and readers to see with, which are over-the- cares deeply about this issue. that is what drives down prices. We counter eyeglasses, this legislation will Finally, this bill would streamline help increase access to and lower the know that from our experience when the regulatory process to address inci- generic drugs come on the market. cost of the products for the consumers dents in which the delayed re-inspec- who need them. The bill that we are considering tion of manufacturing facilities be- today that is based on our legislation The legislation we are considering comes a barrier to generics entering today will help to bring lifesaving includes key provisions which were the marketplace. adopted unanimously as an amendment drugs to the marketplace and will en- By taking these steps, we will ensure that the FDA continues to operate that I sponsored during the committee hance regulatory certainty for generic markup. smoothly and, most importantly, that drug companies, help to prevent short- promising therapies make it to the First, our provisions would require ages, increase competition to lower the FDA to prioritize the review of cer- American people. prices and prevent monopolies, and Again, I commend Chairman ALEX- tain generic applications. It would set deter practices that can lead to un- ANDER and Ranking Member MURRAY a clear timeframe of no more than 8 justifiable, exorbitant price hikes. for their leadership, and I encourage all months for the FDA to act on such ap- I am pleased that the legislation also of our colleagues to join me in sup- plications where there is inadequate includes another bill that resulted porting this important legislation. generic competition. This would help from our Aging Committee’s investiga- Thank you. to resolve situations in which there are tion. This provision will help to pre- I yield the floor. drug shortages, as well as cir- vent bad actors from receiving unwar- Mr. ENZI. Mr. President, I wish to cumstances in which there are not ranted vouchers under the Tropical express concern with section 709 of more than three approved competitors Disease Voucher Program. H.R. 2430, concerning over-the-counter, on the market. This program was intended to OTC, hearing aids. The Aging Committee’s investigation incentivize the development of medi- I have a daughter who has worn hear- into sudden price spikes found that cines for neglected diseases, yet was ing aids since she was a toddler. I have older drugs with only one manufac- exploited by the notorious Martin firsthand experience with the kind of turer and no generic competitor are Shkreli, the founder of Turing. After expertise needed by providers to ensure particularly vulnerable to dramatic spiking the price of Daraprim, he pur- that those who require a hearing aid and sudden price increases. chased another decades-old drug—one, have their specific and unique medical One company that we investigated, once again, without a competitor—that needs met. Turing Pharmaceuticals, increased the is used to treat a life-threatening in- I believe that everyone on all sides of price of a drug called Daraprim, which fection that is rare in the United this issue desire the same thing, and I is a lifesaving drug for serious parasitic States. Mr. Shkreli sought to use the appreciate Chairman ALEXANDER work- infections, from $13.50 a pill to $750 a Tropical Disease Voucher Program to ing with me to get a study relating to pill—an increase of more than 5,000 per- gain exclusivity and hike the price for this matter. I believe that we are all cent—and they did so literally over- a drug that is not, in fact, a new drug. working, in sincerity, towards a goal of night. Now, keep in mind that this Our legislation revises the program providing those who would benefit from company, Turing Pharmaceuticals, had to better ensure that it achieves its in- hearing aids with access to safe and ef- nothing to do with the costly research tent, which is to spur the development fective products that will help them and development that brought about of therapies that are truly new in order live the kinds of lives which they this lifesaving drug, known as to treat and cure neglected diseases. choose and desire. That being said, I Daraprim, but after they bought the Drug companies should not be able to am concerned about a policy which will drug—after the patent had expired and increase their prices dramatically by create a division between a healthcare they saw that there was no generic thousands of a percent overnight with- provider and a patient who needs that competitor—they increased the price out any justification—without the de- provider’s expertise. overnight by 5,000 percent. This price velopment of modifications in the drug Thank you. hike for a drug that has remained un- that improve its effectiveness, for ex- The ACTING PRESIDENT pro tem- changed since 1953 is unacceptable and ample. pore. The Senator from Wyoming.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.007 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4787 Mr. ENZI. Mr. President, I yield back NAYS—1 a health care provider, shall identify or fa- all time. Sanders cilitate the development of best practices regarding— The ACTING PRESIDENT pro tem- NOT VOTING—3 pore. All time is yielded back. (A) the circumstances under which infor- Burr Inhofe McCain mation that a patient has provided to a CLOTURE MOTION The PRESIDING OFFICER. On this health care provider regarding such patient’s history of opioid use disorder should, only at Pursuant to rule XXII, the Chair lays vote, the yeas are 96, the nays are 1. before the Senate the pending cloture the patient’s request, be prominently dis- Three-fifths of the Senators duly cho- played in the medical records (including motion, which the clerk will state. sen and sworn having voted in the af- The senior assistant legislative clerk electronic health records) of such patient; firmative, the motion is agreed to. (B) what constitutes the patient’s request read as follows: The Senator from Tennessee. for the purpose described in subparagraph CLOTURE MOTION ORDER OF PROCEDURE (A); and We, the undersigned Senators, in accord- Mr. ALEXANDER. Mr. President, I (C) the process and methods by which the information should be so displayed. ance with the provisions of rule XXII of the ask unanimous consent that after the Standing Rules of the Senate, do hereby (2) DISSEMINATION.—The Secretary shall move to bring to a close debate on the mo- disposition of the Brouillette nomina- disseminate the best practices developed tion to proceed to Calendar No. 174, H.R. tion, the Senate resume consideration under paragraph (1) to health care providers 2430, an act to amend the Federal Food, of the motion to proceed to H.R. 2430, and State agencies. Drug, and Cosmetic Act to revise and extend that all postcloture time be expired, (b) REQUIREMENTS.—In identifying or fa- the user-fee programs for prescription drugs, and the motion to proceed be agreed to; cilitating the development of best practices medical devices, generic drugs, and bio- further, that there be no amendments under subsection (a), as applicable, the Sec- similar biological products, and for other retary, in consultation with appropriate in order to H.R. 2430, that there be 10 stakeholders, shall consider the following: purposes. minutes of debate equally divided in Mitch McConnell, Steve Daines, Mike (1) The potential for addiction relapse or Crapo, James M. Inhofe, Lamar Alex- the usual form, and that following the overdose, including overdose death, when ander, Pat Roberts, Thom Tillis, Orrin use or yielding back of that time, the opioid medications are prescribed to a pa- G. Hatch, John Cornyn, Cory Gardner, bill be read a third time and the Senate tient recovering from opioid use disorder. Roy Blunt, James E. Risch, Roger F. vote on passage of the bill with no in- (2) The benefits of displaying information Wicker, Tim Scott, John Thune, Mike tervening action or debate. about a patient’s opioid use disorder history Rounds, John Hoeven. The PRESIDING OFFICER. Is there in a manner similar to other potentially le- thal medical concerns, including drug aller- The ACTING PRESIDENT pro tem- objection? gies and contraindications. pore. By unanimous consent, the man- Without objection, it is so ordered. (3) The importance of prominently dis- datory quorum call has been waived. f playing information about a patient’s opioid The question is, Is it the sense of the JESSIE’S LAW use disorder when a physician or medical Senate that debate on H.R. 2430, the professional is prescribing medication, in- FDA Reauthorization Act of 2017, shall Mr. ALEXANDER. Mr. President, I cluding methods for avoiding alert fatigue in be brought to a close? ask unanimous consent that the Com- providers. mittee on Health, Education, Labor, (4) The importance of a variety of appro- The yeas and nays are mandatory priate medical professionals, including phy- under the rule. and Pensions be discharged from further consideration of S. 581 and the sicians, nurses, and pharmacists, to have ac- The clerk will call the roll. cess to information described in this section The legislative clerk called the roll. Senate proceed to its immediate con- when prescribing or dispensing opioid medi- Mr. CORNYN. The following Senators sideration. cation, consistent with Federal and State are necessarily absent: the Senator The PRESIDING OFFICER. Without laws and regulations. objection, it is so ordered. from North Carolina (Mr. BURR), the (5) The importance of protecting patient The clerk will report the bill by title. privacy, including the requirements related Senator from Oklahoma (Mr. INHOFE), The legislative clerk read as follows: to consent for disclosure of substance use and the Senator from Arizona (Mr. disorder information under all applicable MCCAIN). A bill (S. 581) to include information concerning a patient’s opioid addiction in cer- laws and regulations. The PRESIDING OFFICER (Mr. SUL- tain medical records. (6) All applicable Federal and State laws LIVAN). Are there any other Senators in and regulations. There being no objection, the Senate the Chamber desiring to vote? The bill (S. 581), as amended, was or- proceeded to consider the bill. The yeas and nays resulted—yeas 96, dered to be engrossed for a third read- Mr. ALEXANDER. Mr. President, I nays 1, as follows: ing, was read the third time, and ask unanimous consent that the passed. [Rollcall Vote No. 185 Leg.] Manchin-Capito substitute amendment YEAS—96 be agreed to, the bill, as amended, be f Alexander Flake Murray considered read a third time and BETTER EMPOWERMENT NOW TO Baldwin Franken Nelson Barrasso Gardner Paul passed, and the motion to reconsider be ENHANCE FRAMEWORK AND IM- Bennet Gillibrand Perdue considered made and laid upon the PROVE TREATMENTS ACT OF Blumenthal Graham Peters table. 2017 Blunt Grassley Portman The PRESIDING OFFICER. Is there Booker Harris Reed Mr. ALEXANDER. Mr. President, I Boozman Hassan Risch objection? ask unanimous consent that the Com- Brown Hatch Roberts Without objection, it is so ordered. mittee on Health, Education, Labor, Cantwell Heinrich Rounds The amendment (No. 752) in the na- and Pensions be discharged from fur- Capito Heitkamp Rubio ture of a substitute was agreed to, as Cardin Heller Sasse ther consideration of S. 1052 and the Carper Hirono Schatz follows: Senate proceed to its immediate con- Casey Hoeven Schumer (Purpose: In the nature of a substitute) sideration. Cassidy Isakson Scott Cochran Johnson Shaheen Strike all after the enacting clause and in- The PRESIDING OFFICER. Without Collins Kaine Shelby sert the following: objection, it is so ordered. Coons Kennedy Stabenow SECTION 1. SHORT TITLE. The clerk will report the bill by title. Corker King Strange This Act may be cited as ‘‘Jessie’s Law’’. The legislative clerk read as follows: Cornyn Klobuchar Sullivan Cortez Masto Lankford Tester SEC. 2. INCLUSION OF OPIOID ADDICTION HIS- A bill (S. 1052) to strengthen the use of pa- Cotton Leahy Thune TORY IN PATIENT RECORDS. tient-experience data within the benefit-risk Crapo Lee Tillis (a) BEST PRACTICES.— framework for approval of new drugs. Cruz Manchin Toomey (1) IN GENERAL.—Not later than 1 year after There being no objection, the Senate Daines Markey Udall the date of enactment of this Act, the Sec- Donnelly McCaskill Van Hollen proceeded to consider the bill. retary of Health and Human Services, in con- Mr. ALEXANDER. Mr. President, I Duckworth McConnell Warner sultation with appropriate stakeholders, in- Durbin Menendez Warren cluding a patient with a history of opioid use ask unanimous consent that the bill be Enzi Merkley Whitehouse considered read a third time and passed Ernst Moran Wicker disorder, an expert in electronic health Feinstein Murkowski Wyden records, an expert in the confidentiality of and the motion to reconsider be consid- Fischer Murphy Young patient health information and records, and ered made and laid upon the table.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.008 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4788 CONGRESSIONAL RECORD — SENATE August 3, 2017 The PRESIDING OFFICER. Without further options, other than potentially their personal liberty, for their right to objection, it is so ordered. an experimental drug that has been try, for their right to hope, and for the The bill (S. 1052) was ordered to be proven safe, according to the FDA. right to hope of millions of other engrossed for a third reading, was read In our press conference announcing Americans faced with these incurable the third time, and passed, as follows: the introduction of this bill, we had diseases. S. 1052 met Matthew Belina, a naval aviator Mr. President, I ask unanimous con- Be it enacted by the Senate and House of Rep- and lieutenant commander—one of the sent that the Committee on Health, resentatives of the United States of America in finest among us—also stricken with Education, Labor, and Pensions be dis- Congress assembled, ALS. We had little Jordan McLinn, a charged from further consideration of SECTION 1. SHORT TITLE. little boy with Duchenne muscular dys- S. 204 and the Senate proceed to its im- This Act may be cited as the ‘‘Better Em- trophy, and his mother Laura was mediate consideration. powerment Now to Enhance Framework and speaking at that press conference. Re- The PRESIDING OFFICER. Without Improve Treatments Act of 2017’’ or the markably, a man also stricken with objection, it is so ordered. ‘‘BENEFIT Act of 2017’’. ALS, Frank Mongiello, his wife The clerk will report the bill by title. SEC. 2. STRENGTHENING THE USE PATIENT-EX- PERIENCE DATA WITHIN BENEFIT- Marilyn, and their children asked to The legislative clerk read as follows: RISK FRAMEWORK. speak. He made such an impression on A bill (S. 204) to authorize the use of unap- Section 569C of the Federal Food, Drug, our gathering, which encapsulated that proved medical products by patients diag- and Cosmetic Act (21 U.S.C. 360bbb–8c) is press conference, particularly his nosed with a terminal illness in accordance amended— speech in a video that I showed to my with State law, and for other purposes. (1) in subsection (a)(1)— colleagues, which resulted in so many There being no objection, the Senate (A) in subparagraph (A), by striking ‘‘; cosponsorships of this bill. proceeded to consider the bill. and’’ and inserting a semicolon; These are real people facing their (B) in subparagraph (B), by striking the pe- Mr. JOHNSON. Mr. President, I ask riod and inserting ‘‘; and’’; and mortality with no hope. This right-to- unanimous consent that the Johnson- (C) by adding at the end the following: try piece of legislation will give those Donnelly amendment at the desk be ‘‘(C) as part of the risk-benefit assessment individuals and their families hope. considered and agreed to, and the bill, framework in the new drug approval process I want to truly thank my lead co- as amended, be considered read a third described in section 505(d), considering rel- sponsor from across the aisle, Senator time and passed, and the motion to re- evant patient-focused drug development JOE DONNELLY, who is in the Chamber consider be considered made and laid data, such as data from patient preference here today, and also Senator KING and studies (benefit-risk), patient reported out- upon the table. Senator MANCHIN, who decided not to The PRESIDING OFFICER. Without come data, or patient experience data, devel- play any politics whatsoever and also oped by the sponsor of an application or an- objection, it is so ordered. other party.’’; and were willing to cosponsor a bill offered The amendment (No. 753) in the na- (2) in subsection (b)(1). by inserting ‘‘, in- by somebody who was in a tough re- ture of a substitute was agreed to, as cluding a description of how such data and election fight. I want to thank my 43 follows: information were considered in the risk ben- Republican cosponsors, particularly (Purpose: In the nature of a substitute) efit assessment described in section 505(d)’’ Senator MCCONNELL. As leader, he was before the period. one of the first cosponsors who helped Strike all after the enacting clause and insert the following: The PRESIDING OFFICER. The Sen- me to get those other 42 cosponsors. I SECTION 1. SHORT TITLE. ator from Wisconsin. want to particularly thank Chairman This Act may be cited as the ‘‘Trickett f ALEXANDER and Ranking Member MUR- Wendler, Frank Mongiello, Jordan McLinn, RAY, who have worked so cooperatively TRICKETT WENDLER RIGHT TO and Matthew Bellina Right to Try Act of with me and my staff to make this mo- TRY ACT OF 2017 2017’’. ment possible. I would like to thank SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL Mr. JOHNSON. Mr. President, in Vice President PENCE, who also met DRUGS BY PATIENTS DIAGNOSED about 5 minutes, I am going to be ask- Frank Mongiello and became a real ad- WITH A TERMINAL ILLNESS. ing for consent to pass the Trickett vocate for this, and President Trump, (a) IN GENERAL.—Chapter V of the Federal Wendler, Frank Mongiello, Jordan who after meeting these types of vic- Food, Drug, and Cosmetic Act is amended by McLinn, and Matthew Belina Right to inserting after section 561A (21 U.S.C. tims—these individuals—also sup- 360bbb–0) the following: Try Act of 2017. ported this piece of legislation. ‘‘SEC. 561B. INVESTIGATIONAL DRUGS FOR USE I wish to take a few moments, I wish to thank the Goldwater Insti- BY ELIGIBLE PATIENTS. though, to tell the story of how that tute and Darcy Olson for their tireless ‘‘(a) DEFINITIONS.—For purposes of this sec- right-to-try bill, which has been passed efforts at promoting the right to try tion— by 37 States, obtained that name. I be- and the 37 States and the 97.7 percent ‘‘(1) the term ‘eligible patient’ means a pa- lieve it was probably March of 2014 that of the legislators who, when given a tient— I met Trickett Wendler, a young mom chance to vote to give people the right ‘‘(A) who has been diagnosed with a life- with three children, who came to to try and the right to hope, voted yes. threatening disease or condition (as defined Washington, DC, with a group of other I would also like to thank a very spe- in section 312.81 of title 21, Code of Federal individuals advocating for those pa- Regulations (or any successor regulations)); cial person, Dr. Delpassand, who really ‘‘(B) who has exhausted approved treat- tients and their families with people demonstrated why this is such an im- ment options and is unable to participate in suffering from ALS, or Lou Gehrig’s portant piece of legislation. Dr. a clinical trial involving the eligible inves- disease—an incurable and devastating Delpassand is an oncologist from Hous- tigational drug, as certified by a physician, disease. ton, TX. He was engaged in an FDA who— A week before meeting Trickett, I trial on an aggressive form of endo- ‘‘(i) is in good standing with the physi- met with the Goldwater Institute, crine cancer with 150 patients. It was cian’s licensing organization or board; and which was talking about its right-to- working. The drug was working. He pe- ‘‘(ii) will not be compensated directly by try legislation. They were beginning to the manufacturer for so certifying; and titioned the FDA to allow another 78 ‘‘(C) who has provided to the treating phy- pass through State legislatures. Just patients to participate in the trial. The sician written informed consent regarding mentioning the fact that I supported FDA said no, but Dr. Delpassand said the eligible investigational drug, or, as ap- the right to try brought tears stream- yes, putting his career at risk. plicable, on whose behalf a legally author- ing down Trickett Wendler’s face. Un- It is that kind of courage that we ized representative of the patient has pro- fortunately, Trickett Wendler lost her want to reward today by passing this vided such consent; battle to ALS on March 18, 2015. She right-to-try bill. ‘‘(2) the term ‘eligible investigational drug’ has inspired something that I think is In conclusion, I want to thank the means an investigational drug (as such term going to give so many thousands— thousands of patients and their fami- is used in section 561)— ‘‘(A) for which a Phase 1 clinical trial has maybe tens of thousands, maybe mil- lies who have taken their wheelchairs been completed; lions—of Americans hope when they and gone to their State capitals and ‘‘(B) that has not been approved or licensed face a similar type of disease, where have come here to Washington, DC, to for any use under section 505 of this Act or there is no hope, where there are no advocate for their personal freedom, section 351 of the Public Health Service Act;

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.012 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4789 ‘‘(C)(i) for which an application has been cable investigational new drug application Member PATTY MURRAY for all of her filed under section 505(b) of this Act or sec- for such drug. help, and to my colleague the Senator tion 351(a) of the Public Health Service Act; ‘‘(2) POSTING OF INFORMATION.—The Sec- from Wisconsin, Mr. JOHNSON, for all he or retary shall post an annual summary report has done to spearhead this effort. ‘‘(ii) that is under investigation in a clin- of the use of this section on the internet ical trial that— website of the Food and Drug Administra- This gives folks a shot. It doesn’t ‘‘(I) is intended to form the primary basis tion, including the number of drugs for provide any guarantees, but it allows of a claim of effectiveness in support of ap- which clinical outcomes associated with the folks to be able to take their care into proval or licensure under section 505 of this use of an eligible investigational drug pursu- their own hands, to make judgments, Act or section 351 of the Public Health Serv- ant to this section was— and to decide: I want to take a shot at ice Act; and ‘‘(A) used in accordance with subsection this. ‘‘(II) is the subject of an active investiga- (c)(1)(A); For me, it was a wonderful family tional new drug application under section ‘‘(B) used in accordance with subsection from Indiana who, by the way, this 505(i) of this Act or section 351(a)(3) of the (c)(1)(B); and Public Health Service Act, as applicable; and ‘‘(C) not used in the review of an applica- morning they are at Legoland down in ‘‘(D) the active development or production tion under section 505 of this Act or section Florida because their young boy is in of which is ongoing and has not been discon- 351 of the Public Health Service Act.’’. good health, is getting along, but time tinued by the manufacturer or placed on (b) NO LIABILITY.— is ticking. Young Jordan McLinn has clinical hold under section 505(i); and (1) ALLEGED ACTS OR OMISSIONS.—With re- Duchenne muscular dystrophy. His ‘‘(3) the term ‘phase 1 trial’ means a phase spect to any alleged act or omission with re- mom Laura and Jordan met with me 1 clinical investigation of a drug as described spect to an eligible investigational drug pro- and said: All we want is a shot. We in section 312.21 of title 21, Code of Federal vided to an eligible patient pursuant to sec- don’t want a guarantee. We want a Regulations (or any successor regulations). tion 561B of the Federal Food, Drug, and Cos- chance to try to make Jordan better. ‘‘(b) EXEMPTIONS.—Eligible investigational metic Act and in compliance with such sec- drugs provided to eligible patients in compli- tion, no liability in a cause of action shall lie That is what this Right to Try Act ance with this section are exempt from sec- against— does. That is why I am so proud of all tions 502(f), 503(b)(4), 505(a), and 505(i) of this (A) a sponsor or manufacturer; or our colleagues coming together to sup- Act, section 351(a) of the Public Health Serv- (B) a prescriber, dispenser, or other indi- port this, and to all the families Sen- ice Act, and parts 50, 56, and 312 of title 21, vidual entity (other than a sponsor or manu- ator JOHNSON mentioned, we are so Code of Federal Regulations (or any suc- facturer), unless the relevant conduct con- proud of you. We are so grateful to you cessor regulations), provided that the spon- stitutes reckless or willful misconduct, gross for your advocacy because it was your negligence, or an intentional tort under any sor of such eligible investigational drug or words, your examples that have helped any person who manufactures, distributes, applicable State law. prescribes, dispenses, introduces or delivers (2) DETERMINATION NOT TO PROVIDE DRUG.— to get this done. for introduction into interstate commerce, No liability shall lie against a sponsor manu- I want to say to everyone in Indiana or provides to an eligible patient an eligible facturer, prescriber, dispenser or other indi- and everyone in America how grateful investigational drug pursuant to this section vidual entity for its determination not to we are that this Right to Try Act has is in compliance with the applicable require- provide access to an eligible investigational passed, and to Chairman ALEXANDER ments set forth in sections 312.6, 312.7, and drug under section 561B of the Federal Food, and Ranking Member MURRAY, thank 312.8(d)(1) of title 21, Code of Federal Regula- Drug, and Cosmetic Act. you for working together to make this tions (or any successor regulations) that (3) LIMITATION.—Except as set forth in paragraphs (1) and (2), nothing in this sec- happen. apply to investigational drugs. I yield back. ‘‘(c) USE OF CLINICAL OUTCOMES.— tion shall be construed to modify or other- ‘‘(1) IN GENERAL.—Notwithstanding any wise affect the right of any person to bring f a private action under any State or Federal other provision of this Act, the Public EXECUTIVE SESSION Health Service Act, or any other provision of product liability, tort, consumer protection, Federal law, the Secretary may not use a or warranty law. clinical outcome associated with the use of SEC. 3. SENSE OF THE SENATE. EXECUTIVE CALENDAR an eligible investigational drug pursuant to It is the sense of the Senate that section this section to delay or adversely affect the 561B of the Federal Food, Drug, and Cos- The PRESIDING OFFICER. Under review or approval of such drug under sec- metic Act, as added by section 2— the previous order, the Senate will pro- tion 505 of this Act or section 351 of the Pub- (1) does not establish a new entitlement or ceed to executive session to consider lic Health Service Act unless— modify an existing entitlement, or otherwise the following nomination, which the ‘‘(A) the Secretary makes a determination, establish a positive right to any party or in- clerk will report. dividual; in accordance with paragraph (2), that use of The legislative clerk read the nomi- such clinical outcome is critical to deter- (2) does not establish any new mandates, mining the safety of the eligible investiga- directives, or additional regulations; nation of Dan R. Brouillette, of Texas, tional drug; or (3) only expands the scope of individual lib- to be Deputy Secretary of Energy. ‘‘(B) the sponsor requests use of such out- erty and agency among patients, in limited The PRESIDING OFFICER. There comes. circumstances; will now be 15 minutes of debate equal- ‘‘(2) LIMITATION.—If the Secretary makes a (4) is consistent with, and will act as an ally divided in the usual form. determination under paragraph (1)(A), the ternative pathway alongside, existing ex- The Senator from Washington. Secretary shall provide written notice of panded access policies of the Food and Drug FDA REAUTHORIZATION BILL such determination to the sponsor, including Administration; a public health justification for such deter- (5) will not, and cannot, create a cure or ef- Mrs. MURRAY. Mr. President, I want mination, and such notice shall be made part fective therapy where none exists; to say I am really pleased we are mov- of the administrative record. Such deter- (6) recognizes that the eligible terminally ing forward on the FDA Reauthoriza- mination shall not be delegated below the di- ill patient population often consists of those tion Act today. This is really a great rector of the agency center that is charged patients with the highest risk of mortality, example about how Congress can actu- with the premarket review of the eligible in- and use of experimental treatments under ally work together on health issues and vestigational drug. the criteria and procedure described in such compromise and solve challenges by ‘‘(d) REPORTING.— section 561A involves an informed assump- tion of risk; and putting patients and families first. ‘‘(1) IN GENERAL.—The manufacturer or As my colleagues well know, these sponsor of an eligible investigational drug (7) establishes national standards and rules shall submit to the Secretary an annual by which investigational drugs may be pro- so-called user fee agreements are es- summary of any use of such drug under this vided to terminally ill patients. sential to supporting FDA’s operation section. The summary shall include the num- The bill (S. 204), as amended, was or- and mission. They allow FDA to meet ber of doses supplied, the number of patients dered to be engrossed for a third read- the complex challenges of the 21st cen- treated, the uses for which the drug was ing, was read the third time, and tury technology and the movement to- made available, and any known serious ad- passed. ward precision medicine, and they help verse events. The Secretary shall specify by The PRESIDING OFFICER. The Sen- ensure that FDA upholds the gold regulation the deadline of submission of such standard of approval while evaluating annual summary and may amend section ator from Indiana. 312.33 of title 21, Code of Federal Regulations Mr. DONNELLY. Mr. President, I new drugs and devices efficiently. Put (or any successor regulations) to require the want to talk about what a great mo- simply, passing the FDA Reauthoriza- submission of such annual summary in con- ment this is. I want to thank Chairman tion Act is absolutely necessary if Con- junction with the annual report for an appli- ALEXANDER for all his help, Ranking gress wants to advance safe, effective

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.003 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4790 CONGRESSIONAL RECORD — SENATE August 3, 2017 and innovative medical products for ical miracles into medicine cabinets Cleary, Lindsey Seidman, Allison Mar- patients and families across the coun- and doctors’ offices more rapidly. This tin, Mary-Sumpter Lapinski, Grace try. is funding that pays for one-quarter of Stuntz, Margaret Coulter, Curtis Vann, I would add, when we pass this reau- the Food and Drug Administration, Lowell Schiller, Bobby McMillin, Liz thorization today, more than 5,000 em- which has a critical role in approving Wolgemuth, Margaret Atkinson, Tay- ployees at FDA will be able to continue the safety and effectiveness of drugs, lor Haulsee, Elizabeth Gibson, and An- their critical work without worry of treatments, and devices. As with most thony Birch. interruption, employees that worked things in the Senate that actually are On Chairman WALDEN’s staff, I would every day to protect the health and important and work well and get a re- like to thank Ray Baum, Paul Edattel, families and advance medical innova- sult, a lot of hard work has gone into and John Stone. tions to patients. this. On Ranking Member PALLONE’s staff, So I am really pleased to have It started 2 years ago with Repub- I would like to thank Jeff Carroll, Tif- worked alongside the chairman of our licans and Democrats; Senator MURRAY fany Guarascio, and Kimberlee HELP Committee, the Senior Senator and I and our staffs working together Trzeciak. I would also like to thank from Tennessee, and all of our col- with the House of Representatives at much of the hard-working staff from leagues on and off the committee to the same time, working with manufac- the Food and Drug Administration who bring to the floor these finalized agree- turers, the FDA, many others, working provided great help in getting this bill ments. out many differences of opinion. So completed and working out the user fee They truly reflect years of negotia- now we are going to get to a result agreements in a timely manner. From tions between FDA and the industry, within a few minutes. We are probably legislative counsel from the House and incorporate input from patient and going to adopt this by voice vote al- Senate, I would like to thank Warren consumer groups, and support some of most unanimously. Everyone will say Burke, Michelle Vanek, Kim Tamber, our most urgent priorities: restruc- that must have been easy. It wasn’t and Katie Bonander. turing the generic drug user fees, build- that easy, but it is how work gets done From the Congressional Budget Of- ing up the Biosimilars Program, mak- in the U.S. Senate when we do it well. fice, I would like to thank Darren ing sure patients’ perspectives are con- I want to comment on our colleagues Young, Andrea Noda, Chad Chirico, sidered in drug and device develop- and the staff and the House of Rep- Holly Harvey, Ellen Werble, and Re- ment, and advancing many of the poli- resentatives on what they have done. becca Yip. cies we passed as part of the 21st Cen- We will continue to focus our attention On Senator MCCONNELL’s staff, I tury Cures Act. on the 21st Century Cures Act. A piece would like to thank Scott Raab. On Speaker RYAN’s staff, I would like In addition to those agreements, the of legislation is not worth the paper it to thank Matt Hoffman. FDA Reauthorization Act includes pri- is printed on unless it is implemented properly, but this funding today, done Finally, I would like to thank all the orities and provisions from Members patients, doctors, researchers, across the political spectrum, so I in a timely way, says to the men and women who work at the Food and Drug innovators, thought leaders, and ex- again want to thank Chairman ALEX- perts who dedicated time and expertise ANDER and all my colleagues, in par- Administration and to their leader, Dr. Gottlieb: We value what you do. to helping improve the legislation and ticular, Senators CASEY, FRANKEN, and In the 21st Century Cures Act, we supporting its approval. WARREN, on their work to improve gave the Commissioner more authority To reiterate, today the Senate will medical device safety; Senators HAS- to hire and pay talented people to work take up and I expect it will pass the SAN and YOUNG on their provision to at FDA and approve these medical mir- Food and Drug Administration Reau- get better information to providers acles that are coming. We are reauthorization Act of 2017 to speed cures about opioids; Senators MCCASKILL, thorizing the user fees in a timely way and treatments into patients’ medicine FRANKEN, and COLLINS for their com- so the FDA’s work will not be inter- cabinets. mitment to improving the generic drug rupted. Last year, 94 Senators voted to pass ENNET AN market; and Senators B , V I thank Senator MURRAY for the way 21st Century Cures and send $4.8–billion HOLLEN, and RUBIO for their drive to she worked on this. This is typical of to spur medical research at the Na- get new medicine for kids with cancer. our committee when we work well, tional Institutes of Health. I really want to thank my staff and which we most always do. Leader MCCONNELL called it the Chairman ALEXANDER’s staff who I will make remarks in the RECORD ‘‘most important piece of legislation’’ worked so well together over months of concerning the staff. They are almost that year. hard work to get this done. too numerous to mention. Senator Today’s passage of the FDA user fees Mr. President, this bill advances sev- MURRAY’s staff, my staff, Chairman will help ensure advancements in re- eral significant bipartisan priorities I WALDEN’s staff, Ranking Member PAL- search supported by 21st Century Cures am proud to support. As many know, LONE’s staff, Food and Drug Adminis- actually make it to patients who are the HELP Committee has a strong tra- tration staff, Congressional Budget Of- waiting. dition of bipartisan success in these fice legislative counsel, and Senator The Food and Drug Administration is user fee agreements, and I am very MCCONNELL’s staff—they have all been the agency responsible for making sure proud to say we have kept it this way. critical to the success we are about to promising research supported by 21st I think this bill not only improves have today. Century Cures can turn into lifesaving FDA, but it also shows that when we I would like to thank the staff who treatments and cures. work together with a common goal, we have been devoted to reauthorizing This legislation we will vote on today can get things done and make progress. these important programs. Some of includes four FDA user fee agree- I thank the chair and my partner, them have been working on this bill for ments—which are set to expire on Sep- Senator ALEXANDER. over 2 years. I am deeply grateful to tember 30—and will speed the agency’s I yield the floor. them. I have deep appreciation for ability to review new prescription The PRESIDING OFFICER. The Sen- their hard work, their ingenuity, and drugs, generic drugs, biosimilar drugs, ator from Tennessee. their skill in helping us come to this and medical devices and bring those Mr. ALEXANDER. Mr. President, I result. Without their hard work and treatments and cures to patients more see Senators ISAKSON and TESTER are tireless effort, we wouldn’t have been quickly. here. I think they want to make re- able to pass this before the deadline, This legislation will reauthorize the marks before the vote. ensuring the FDA can continue its im- authority for the FDA to accept user Let me say a few words following up portant mission. fees—paid by manufacturers of drugs on Senator MURRAY, and then I will On Senator MURRAY’s exceptional and medical devices—that account for place the rest of my comments in the staff, I would like to thank Evan $8 to $9 billion over 5 years and is over RECORD. Schatz, John Righter, Nick Bath, Andi a quarter of all FDA funding. This is very important legislation. Fristedt, and Remy Brim. The reauthorizations are based on Last year, we passed the 21st Century On my hard-working and dedicated recommendations from industry and Cures Act to move these modern med- staff, I would like to thank David FDA after a thorough public process.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.016 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4791 FDA posted meeting minutes after April could be laid off before the re- were too hard. We said yes to solutions every negotiation and held public viewer is able to finish his or her work. that looked like they made sense. meetings before discussion began and A delay in reauthorizing the user fees Veterans of the United States of to hear feedback on the draft rec- would not only harm patients and fam- America have better healthcare, better ommendations last fall. ilies who rely on medical innovation, educational benefits, and a modern VA We began almost 2 years ago working but it would threaten biomedical in- to deal with in the years ahead. I am in a bipartisan way to reauthorize and dustry jobs and jeopardize America’s proud to have been a part of it. I want update the user fee agreements. We global leadership in biomedical innova- to commend Senator TESTER for his held 15 bipartisan Senate health com- tion. contribution. mittee briefings, including several with I am glad the Senate is taking the There being no objection, the mate- the House Energy and Commerce Com- step of voting on this legislation today. rial was ordered to be printed in the mittee. I look forward to supporting this im- RECORD, as follows: In the Senate HELP Committee, we portant bipartisan bill and sending it Staff on the Senate Committee on Vet- held two bipartisan hearings on these to the President’s desk. I urge my col- erans’ Affairs: agreements—one in March and one in leagues to support it as well. Tom Bowman, staff director, soon-to-be April of this year. The PRESIDING OFFICER. The Sen- Deputy Secretary of VA; Amanda Meredith, We heard from the FDA, witnesses ator from Georgia. deputy staff director, soon-to-be judge on the U.S. Court of Appeals for Veterans Claims; VETERANS LEGISLATION representing the manufacturers of Leslie Campbell; Gretchan Blum; Maureen drugs and medical devices, and wit- Mr. ISAKSON. Mr. President, I rise O’Neill; Adam Reece; David Shearman; nesses representing the patients who for a moment to reflect on what was a Jillian Workman; Kristen Hines; Thomas rely on the products they make. great night for the U.S. Senate, the Coleman; John Ashley; Mitchell Sylvest; Throughout this process, we have U.S. Government, for the population of Joan Kirchner; Trey Kilpatrick; Jay worked closely with the House. In our country but most importantly for Sulzmann; Ryan Evans; Salvador Ortega; April, the leaders of the Senate and those who served as veterans in the and Amanda Maddox. House health committees released a military. Mr. ISAKSON. I yield to Senator discussion draft of bipartisan legisla- Last night, the Senate agreed to sig- TESTER. tion to reauthorize and update the nificant legislation on three fronts to The PRESIDING OFFICER. The Sen- user-fee agreements and which re- make the VA better and more respon- ator from Montana. flected the recommendations sent to sive to our veterans. Mr. TESTER. Thank you, Mr. Presi- Congress by the FDA in January. Ranking Member TESTER and I have dent. In May, the Senate HELP Committee spent the entire year working toward I want to thank Chairman ISAKSON overwhelmingly approved this legisla- making sure we dealt with the needs for his work on the VA Committee. We tion reauthorizing the user fees by a the VA has so all these stories we see have gotten a lot of work done the first vote of 21 to 2. This also included over on the front page of papers, stories part of this Congress because we com- 20 provisions that were adopted in com- about there being unsafe conditions, municated. We haven’t put up artificial mittee and were priorities for HELP stories about people being mistreated, barriers. We sat down and all realized members. stories of people having to wait so long taking care of our veterans is the cost The bill includes provisions from for their appointments—we want to put of war. We need to do it and live up to Senators ISAKSON and BENNET to im- an end to all this, and we have given the promises of these folks when they prove the medical device inspection the Secretary the tools to do exactly signed up. We have done pretty good process; Senators HASSAN and YOUNG to that. work. improve communication about abuse- I was telling the ranking member It is not only JOHNNY. It is not only deterrent opioid products; Senators this is called ‘‘no excuses day.’’ Sec- myself. It is also the people who have ENZI and FRANKEN to encourage med- retary Shulkin will have no excuses for served on that committee, many in the ical device development for children any mistakes to be made. Every tool he Chamber right now. I want to thank and make sure FDA has appropriate ex- needs in his toolbox to see that the them for their commitment to making pertise to review devices for children; Veterans’ Administration is respon- sure we live up to the promises we Senators ROBERTS, DONNELLY, and sible to the veterans of the United made our veterans, but it is about BURR to allow more appropriate classi- States of America passed in this Sen- working together. It is about talking fication of accessories used with med- ate, passed in the House. There were to folks. It is about compromise. It is ical devices; Senators COLLINS, six major bills the first 7 months of about not digging in but moving to- FRANKEN, MCCASKILL, and COTTON to this year, a remarkable achievement, a gether. This is a great country, and it improve generic drug development and testimony to teamwork, to staff, and was built by people working together. help lower prescription drug costs; Sen- to the leadership of the Republican and The VA Committee is a prime exam- ators HATCH, BENNET, BURR, and CASEY the Democratic Parties. The majority ple of people working together. We set to improve access to clinical trials for and minority leaders of this Senate aside our differences. We listened to all patients; and Senators BENNET, made it possible for that to happen last the veterans service organizations. We RUBIO, VAN HOLLEN, and GARDNER to night. I am eternally grateful to both let them drive the bus, to an extent. increase the development of new drugs of them for their support and help. We worked with Secretary Shulkin and to treat pediatric cancers and other I am not going to read all the names other leaders within the VA. We have diseases. of the staff now because we are in lim- been transparent. We have been honest The House passed this user fee legis- ited time. when we disagreed. We haven’t embar- lation on July 12 by voice vote. I ask unanimous consent that the rassed one another. Quite frankly, this Now it is our turn to pass this bipar- names of every staff member who is the way it can work in this body tisan legislation that is integral to worked with the VA Committee to when we start from a point of agree- helping patients and families who rely make it the best year ever be printed ment rather than disagreement. on the lifesaving medical innovation in the RECORD. We have two bills already signed into that FDA is responsible for reviewing. Credit is given to captains, Presi- law: an accountability bill, which holds The goal of getting this to the Presi- dents, and people with titles. Senator VA employees accountable to the vet- dent’s desk is an important one. If we TESTER and I have the titles, when it erans, fires bad employees, protects do not pass this legislation before the comes to the VA Committee, but the whistleblowers; and the Veterans end of September, FDA will begin send- reason the VA Committee was success- Choice Improvement Act, which makes ing layoff notices to more than 5,000 ful in accomplishing every single goal, VA the prime payer and reduces out-of- employees to notify them that they was because of every ranking file mem- pocket expenses for veterans. Then, the may lose their job in 60 days. ber, Republican or Democratic. We bills passed last night to take care of If we do not pass this bill, a FDA re- took our labels off, we put our armor the disability appeals, some 470,000—we viewer who gets started reviewing a on, and we plowed ahead. We didn’t say are going to expedite that process and cancer drug submitted to the agency in no to problems that looked like they bring it down from 3 years to 1 year.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.005 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4792 CONGRESSIONAL RECORD — SENATE August 3, 2017 The VA will do that. We will give them would urge all of my colleagues to sup- LEGISLATIVE SESSION the tools to do that. It will simplify it port the nomination of Dan Brouillette and cut the redtape. to be the Deputy Secretary of the De- FDA REAUTHORIZATION ACT OF Veterans Choice funding is a fix to partment of Energy. allow the private sector to fill in the 2017—MOTION TO PROCEED—Con- gaps where the VA can’t provide Mr. President, I yield all time. tinued healthcare. It will help recruit and re- The PRESIDING OFFICER. All time The PRESIDING OFFICER. Under tain more doctors and nurses, criti- is yielded back. the previous order, the Senate will re- cally important, and it expands the ca- The question is, Will the Senate ad- sume legislative session and consider- pacity in the VA, which is critically vise and consent to the Brouillette ation of the motion to proceed to H.R. important. nomination? 2430. Then there is the ‘‘Forever’’ GI bill All postcloture time is expired. which eliminates the 15-year limit. It Mr. RUBIO. I ask for the yeas and The motion to proceed is agreed to. breaks down educational barriers and nays. f helps veterans transition into civilian The PRESIDING OFFICER. Is there a FDA REAUTHORIZATION ACT OF life. sufficient second? 2017 We have done some good work. We have done some good work for this There appears to be a sufficient sec- The PRESIDING OFFICER. The body. We have done some good work, ond. clerk will report the bill. more importantly, for the veterans, The clerk will call the roll. The senior assistant legislative clerk read as follows: and we need to continue on that line as The bill clerk called the roll. we continue to address healthcare and A bill (H.R. 2430) to amend the Federal we continue to address important Mr. CORNYN. The following Senators Food, Drug, and Cosmetic Act to revise and issues like tax reform. It is about are necessarily absent: the Senator extend the user-fee programs for prescription drugs, medical devices, generic drugs, and from North Carolina (Mr. BURR), the working together. It is about finding biosimilar biological products, and for other common ground. It is about taking Senator from North Dakota (Mr. purposes. HOEVEN), the Senator from Oklahoma everybody’s opinion into context and The PRESIDING OFFICER. There then drafting up bills. (Mr. INHOFE), and the Senator from Ar- will be 10 minutes of debate equally di- Chairman ISAKSON and I have done izona (Mr. MCCAIN). vided. that, and we are going to continue to The PRESIDING OFFICER (Mrs. The Senator from Tennessee. do that. We have some more tough FISCHER). Are there any other Senators Mr. ALEXANDER. Madam President, issues to deal with over the next year in the Chamber desiring to vote? I thank Senator MURRAY and the com- and a half, but we are going to work to- mittee for 2 years of work to produce a The result was announced—yeas 79, gether to make sure we do it and we do bipartisan result. This bill funds the it right. With help from the committee nays 17, as follows: Food and Drug Administration and ad- and help from the Senate, we could [Rollcall Vote No. 186 Ex.] vances the 21st Century Cures legisla- have more successes. tion that Senator MCCONNELL called YEAS—79 I thank the chairman of the com- the most important bill of the last mittee and thank you, Mr. President. Alexander Feinstein Paul Congress. Senator MURRAY and I have Baldwin Fischer Perdue I yield the floor. already spoken to the bill and have The PRESIDING OFFICER. The Sen- Barrasso Flake Peters Bennet Gardner thanked everybody involved. Senators ator from Alaska. Portman Blumenthal Graham Risch have other appointments they would Ms. MURKOWSKI. Mr. President, we Blunt Grassley Roberts like to keep. are considering the nomination of Dan Boozman Hassan Rounds I yield back all time. Brouillette to be the Deputy Secretary Brown Hatch Rubio Cantwell Heinrich Sasse The PRESIDING OFFICER. All time for the Department of Energy. Mr. Capito Heitkamp Schumer is yielded back. Brouillette has a long history of distin- Cardin Isakson Scott The bill was ordered to a third read- guished service to our Nation. He is a Carper Johnson Casey Kaine Shaheen ing and was read the third time. veteran. He has served in the Depart- Cassidy Kennedy Shelby The PRESIDING OFFICER. The bill ment of Energy. He has been the staff Cochran King Stabenow Strange having been read the third time, the director for the House Energy and Collins Klobuchar question is, Shall the bill pass? Commerce Committee. More recently, Coons Lankford Sullivan Corker Leahy Tester Mr. BARRASSO. Madam President, I he has held high-level posts in the pri- Cornyn Lee Thune ask for the yeas and nays. vate sector—first, as vice president at Cotton Manchin Tillis The PRESIDING OFFICER. Is there a Ford, currently as senior vice president Crapo McCaskill Toomey Cruz sufficient second? at USAA. McConnell Udall Daines Moran Warner There appears to be a sufficient sec- He has strong experience and thor- Donnelly Murkowski Wicker ond. ough knowledge of the Department he Durbin Murphy Wyden The clerk will call the roll. has chosen to return to. He under- Enzi Murray Young Ernst Nelson The senior assistant legislative clerk stands the work that its thousands of called the roll. scientists undertake and the impor- NAYS—17 Mr. CORNYN. The following Senators tance of maximizing their research ef- Booker Heller Sanders are necessarily absent: the Senator forts, especially in a time of con- Cortez Masto Hirono Schatz from North Carolina (Mr. BURR), the strained Federal budgets. Duckworth Markey Van Hollen Senator from North Dakota (Mr. Franken Menendez Warren He recognizes the importance of our HOEVEN), the Senator from Oklahoma Gillibrand Merkley Whitehouse 17 National Labs and the Department’s Harris Reed (Mr. INHOFE), the Senator from Georgia responsibility for environmental man- (Mr. ISAKSON), and the Senator from agement, including the cleanup of Cold NOT VOTING—4 Arizona (Mr. MCCAIN). War-era legacy sites. As second in com- Burr Inhofe Further, if present and voting, the mand to Secretary Perry, Mr. Hoeven McCain Senator from Georgia (Mr. ISAKSON) Brouillette will oversee programs crit- The nomination was confirmed. would have voted ‘‘yea’’ and the Sen- ical to our Nation’s cyber security, en- ator from North Dakota (Mr. HOEVEN) ergy innovation, and scientific dis- The PRESIDING OFFICER. Under would have voted ‘‘yea.’’ covery. the previous order, the motion to re- The PRESIDING OFFICER (Mr. Based on his hearings before the En- consider is considered made and laid SASSE). Are there any other Senators ergy and Natural Resources Com- upon the table and the President will in the Chamber desiring to vote? mittee, I am confident he is up for the be immediately notified of the Senate’s The result was announced—yeas 94, challenge and ready for this role. I action. nays 1, as follows:

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.019 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4793 [Rollcall Vote No. 187 Leg.] tential benefits for kids. Companies ex- American should have access to them, YEAS—94 ploring medication for adult diabetes, especially our kids, whose bright lives Alexander Flake Paul for example, also researched its poten- have just begun. Baldwin Franken Perdue tial for use in children. This research is I want to recognize and acknowledge Barrasso Gardner Peters vital because it provides critical infor- all of the pediatric cancer groups that Bennet Gillibrand Portman Blumenthal Graham mation to doctors for treating sick came together to advance this bill, in- Reed cluding pediatric advocates, cancer ad- Blunt Grassley Risch children. Specifically, it helps them en- Booker Harris Roberts sure that the treatments and dosages vocates, and hospitals in Colorado and Boozman Hassan Rounds around the country. Brown Hatch they prescribe are safe for young bod- Rubio I also want to acknowledge, as al- Cantwell Heinrich ies. But there was a gap in the law as Sasse Capito Heitkamp ways, the great leadership provided by Schatz it existed before we passed this law. Cardin Heller Chairman ALEXANDER, Ranking Mem- Schumer Drug companies with new, precision Carper Hirono ber MURRAY, and their staff for their Casey Johnson Scott medicine for adult cancers did not have Cassidy Kaine Shaheen to study possible value for pediatric work on this and the FDA user fee bill. Cochran Kennedy Shelby cancers. That meant our kids contin- Finally, I wish to thank my partner Collins King Stabenow ued to receive older treatments—some in this work, Senator RUBIO, from Flor- Coons Klobuchar Strange from the 1960s—which often had harm- ida, for his leadership and passionate Corker Lankford Sullivan advocacy on behalf of our kids. Cornyn Leahy Tester ful side effects and consequences that This bill is a reminder that, when we Cortez Masto Lee Thune can last a lifetime. Cotton Manchin Tillis drop the political fights, we can focus Crapo Markey At the same time, breakthrough Toomey treatments have become available for on fights that truly matter, such as the Cruz McCaskill Udall fight against cancer, the fight for bet- Daines McConnell adults, with better results and fewer Van Hollen ter healthcare in this country, and the Donnelly Menendez Warner harmful effects. While these treat- Duckworth Merkley Warren fight for our kids and their future. Durbin Moran ments have great promise for kids, we Whitehouse I yield the floor. Enzi Murkowski were not doing enough to explore that Wicker The PRESIDING OFFICER. The Sen- Ernst Murphy Wyden potential. ator from Nebraska. Feinstein Murray Over the last 20 years, the Food and Fischer Nelson Young Drug Administration has approved 190 f NAYS—1 new cancer treatments for adults but NORTH KOREA Sanders just 3 new treatments for children. The Mrs. FISCHER. Mr. President, I come NOT VOTING—5 FDA saw that gap, and they asked us to the floor today to discuss the grow- Burr Inhofe McCain to close it. That is precisely what the ing threat from North Korea. Last Hoeven Isakson RACE for Children Act will do. For the month, the North Koreans conducted The bill (H.R. 2430) was passed. first time in the country’s history, it two intercontinental ballistic missile, The PRESIDING OFFICER. The Sen- would require drug companies to study or ICBM, tests. The first came as our ator from Nebraska. the potential of promising adult cancer Nation celebrated its Independence Mrs. FISCHER. Mr. President, I ask treatments for children, closing this Day. The second test was conducted unanimous consent that with respect gap in the law and opening the door to last week. to H.R. 2430, the motion to reconsider promising new treatments for children According to a number of reports, the be considered made and laid upon the in need. second test demonstrated sufficient table. Before this bill, thousands of kids in range to reach much of the United The PRESIDING OFFICER. Without America lacked access to cutting-edge States. This increasing threat is a con- objection, it is so ordered. treatments and precision medicine that cern that I often hear about from Ne- could have made the difference in their braskans. f struggle against cancer. For years, the United States has as- MORNING BUSINESS During my time in the Senate, I have sessed North Korea to have an ICBM seen the anguish of too many parents capability, but it was largely unproven. Mrs. FISCHER. Mr. President, I ask who learned not only that their child In his 51⁄2 years in power, Kim Jong Un unanimous consent that the Senate be has cancer but that they have little or has conducted more missile tests than in a period of morning business, with no options for treatment. This bill will his father did during his 17-year reign. Senators permitted to speak therein give them more options. It will give Under an aggressive testing program, for up to 10 minutes each. them more hope. North Korea has turned a theoretical The PRESIDING OFFICER. Without For Delaney from Grand Junction, ICBM capability into an undeniable re- objection, it is so ordered. CO, this bill could have been lifesaving. ality. The Senator from Colorado. She battled cancer for over 5 years but Adding to the threat, they have made f passed away a year ago when she was progress beyond ICBM technology. out of treatment options. I wish to Over the past year, North Korea has RACE FOR CHILDREN ACT dedicate our work on this bill to her conducted several tests of a submarine- Mr. BENNET. Mr. President, I feel and to all kids who are bravely bat- launched ballistic missile. In February, sorry for the Presiding Officer. This is tling cancer day in and day out around the regime demonstrated a new solid- the second time in a week he has had the world. fueled, road-mobile ballistic missile. to listen to me talk on the floor. We also should dedicate it to every- Altogether, these developments re- I thank the Senator from Nebraska one who called and wrote and shared veal a dedicated, sophisticated develop- for her graciousness in letting me go their family stories over the past ment program that is relentlessly pur- first. months. This bill would never have suing weapons designed for no other America, the Senate has passed the passed without their voices. For people purpose than to threaten the United bill. We passed the bill. Today, the Sen- interested in keeping the system the States and our allies. The rapid pace of ate passed the RACE for Children Act same way, it was the voices of these development also indicates an increas- as part of the FDA user fee bill. families—in many instances, people ingly capable scientific industrial base The RACE Act represents a break- who faced horrible tragedies in their within North Korea. through for kids fighting cancer. Each lives—who made this possible. Because Questions still remain about the re- year, over 15,000 children will be diag- they engaged in this process, we passed gime’s ability to miniaturize a nuclear nosed with the disease; 2,000 will lose a bill that will give thousands of kids a warhead, deliver it accurately, and their lives. better chance to beat cancer and re- shield it from the stress associated Across America, pediatric cancer is claim their lives. with launch and then reentry. We the leading cause of death for our chil- America leads the world when it should expect Kim Jong Un to over- dren. Previously, companies with new comes to treating cancer. We pioneer come these obstacles if the status quo treatments for adults studied their po- the latest and safest treatments. Every remains unchanged.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.008 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4794 CONGRESSIONAL RECORD — SENATE August 3, 2017 Admiral Harris, the commander of cyber activities, weapons programs, have had the benefit of working closely the U.S. Pacific Command, said in his abuse of human rights, and their crimi- with the Directors of the Missile De- testimony before the Senate Armed nal networks. It is time for the Presi- fense Agency and the commanders of Services Committee earlier this year: dent to use his authority to show China STRATCOM to improve our missile de- ‘‘It is clearly a matter of when.’’ and Russia that continued support of fenses. This sense confirms that a drastic the North Koreans will harm their own Over the years, the Senate Armed change in our approach is required. Our interests. Services Committee has authorized ad- current multilateral efforts have not The administration has already ditional funding for the construction of yielded the results needed to keep the begun to implement such measures. In a new missile defense radar, known as world safe. June, the United States announced the Long Range Discrimination Radar, The failure of the United Nations Se- sanctions against a Chinese bank, two or the LRDR, to track potential curity Council to issue a statement Chinese individuals, and a Chinese en- threats from North Korea. The com- condemning North Korea’s July 3 ICBM tity for supporting the North Korean mittee is also focused on improving the test was a step backward in the inter- regime. It appears, though, that this robustness of our homeland missile de- national effort to isolate and to punish warning shot has fallen on deaf ears, fense system, known as the Ground- the regime for its illegal behavior. because there has been no change in based Midcourse Defense, or GMD, sys- With Russia and China preventing any their behavior. tem as well. substantive action at the United Na- Chinese officials are sticking to their This year in the fiscal year 2018 Na- tions, I believe we must aggressively talking points, and they are objecting tional Defense Authorization Act, our implement unilateral sanctions to pun- to any measures so they don’t have to committee authorized over $200 million ish the companies and the countries bear the costs of their own behavior. to meet unfunded requirements for underwriting Pyongyang’s bellig- Take China’s reaction to South Korea’s that system. erence. decision to deploy the THAAD system. The GMD System is our only defense One thing is certain. The principal South Korea deployed a THAAD bat- against North Korea’s ICBMs. It con- economic enablers of the Kim regime tery to improve the defenses against sists of silo-based interceptors, which are China and Russia. North Korean missiles. This is a defen- are located in Alaska and California, Beijing provides direct food and en- sive system that poses no threat to supported by space-based and terres- ergy assistance to North Korea and is China. trial-based sensors and a vast com- by far the largest market for North Ko- Yet how did China respond? They mand and control network. It provides an effective capability rean exports, such as minerals. North shut down South Korean-owned depart- against North Korea’s ICBMs, as was Korean hackers reportedly conduct ment stores. The South Korean con- demonstrated in a successful intercept cyber crime operations from northern glomerate who owns the stores also test on May 30 of this year. During that China, and almost all of North Korea’s owns the property where the THAAD test, a single interceptor successfully internet access is provided via a fiber- system was deployed. Moreover, the destroyed an ICBM class target. It was optic cable running between those two conglomerate’s websites were hit by the longest range test, and it was con- nations. North Korea has also used Chi- cyber attacks, and unofficial restric- ducted at a greater altitude and closing nese banks to conduct transactions as- tions appear to have been imposed on speed than the system had ever faced sociated with its illicit proliferation imports of South Korean cosmetics and before. activities and its criminal operations. South Korean tourism. This successful test was an impor- Russia’s economic ties are more lim- It is clear that the Chinese view tant milestone that visibly dem- ited, but the Russians have been known North Korea through a narrow lens of onstrated the impressive capabilities of to import North Korean labor and pro- immediate strategic interest. That is our GMD System. However, shortly vide energy supplies, including jet fuel, how we must target our actions. By after, then-Director of the Missile De- to Pyongyang. rigorously applying sanctions, we can fense Agency, Admiral Jim Syring, tes- These ties provide China and Russia make clear to China and any other na- tified before the House Subcommittee with influence over North Korea. How tion doing business with the North Ko- on Strategic Forces that our defenses have they used that influence? Instead rean regime that continued support for were not ‘‘comfortably ahead of the of helping to restrain the regime, they the DPRK will harm their interests. threat.’’ appear to be rewarding its bad behav- Of course, sanctions are not a pan- These comments came before North ior. Reports indicate both nations are acea, and aggressively applying them Korea’s July ICBM tests. I strongly be- increasing their bilateral trade, with does carry risk. Indeed, if we could be lieve the rate of North Korea’s tech- several claiming trade between Russia totally confident that the secondary nical progress demands a response. and North Korea increased by 85 per- sanctions would solve this problem, I There are options before us. For exam- cent in comparison to last year. suspect that they would have been imple, additional ground-based radars and Some argue China is unwilling to implemented long ago. Time is not on our space-based sensors would improve our pose harsh restrictions on trade with side and 8 years of strategic patience ability to track incoming threats, dis- Pyongyang because it would risk the has narrowed our options. If we want criminate warheads from debris and de- regime’s collapse and send a wave of different results, we must change our coys, and conduct kill assessments to North Korean refugees across their bor- strategy, and we must make these confirm that the threats have been de- der. This argument might explain pro- changes now. stroyed. The Redesigned Kill Vehicle viding minimal assistance, but it does While firmly applying additional Program, which will modernize the not justify billions of dollars in cross- sanctions, the United States must also portion of the interceptor that impacts border trade, nor does it explain why increase its defenses. Of course, our nu- and destroys hostile warheads in space, North Korean ballistic missiles are clear deterrent remains our country’s promises to increase the capabilities of photographed being hauled by Chinese- ultimate protection against nuclear at- our current system. Deploying more made trucks. tack. Wednesday’s successful test of a interceptors, whether at the existing China and Russia must believe the Minuteman III ICBM by our military facility in Fort Greely, AK, or at a new Kim regime serves their strategic in- provides continued assurance that our installation, would add capacity and terests. deterrent remains reliable and ready. enable our defenses to better handle For our purposes, these economic re- We cannot rely on deterrence alone, ICBM threats. lationships are avenues through which and we must ensure that our missile There are also advanced technology we can impose costs on facilitating defense efforts stay ahead of North Ko- programs, such as the development of North Korea’s belligerent behavior. rea’s accelerating developments. lasers mounted on unmanned systems, Congress gave President Trump broad I am a longtime member, and now which hold significant promise for fu- authority to take action against the the chairman, of the Senate Armed ture missile defense. The Missile De- nations supporting the North Korean Services Subcommittee on Strategic fense Agency is pursuing these options, regime’s illegal activities, particularly Forces, which oversees our missile de- but the question remains: Are our cur- those fostering the regime’s hostile fense programs. Through this role, I rent efforts enough? To help answer

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.024 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4795 this question, the administration is and let people know we are thinking sponsible, and to do the right thing. conducting a review of ballistic missile about them, let people know we are They stuck together. They ran to- threats and our missile defense pos- proud of them. Before recess, I want to gether, sometimes as many as 6 miles a ture—the first of its kind since 2010. do that for a couple of Alaskans today, day—the Navy veteran out with his There is no doubt that the threat envi- and I would like to start by talking children. They studied together. They ronment of today is far more sophisti- about a gentleman who has gotten a were good kids. They didn’t miss cated and challenging than it was dur- little press lately in Alaska, but I want school or the bus. They never got in ing the last review. the country to hear about it. It is real- trouble. They were a team. Our missile defense posture has rely a remarkable story—Mr. Mark This is what is remarkable about this mained largely unchanged since 2013. Braudis. family: Six out of the seven Braudis When responding to North Korean mis- Let me tell you a little bit about children, whom I have been speaking sile developments, then-Secretary of Mark. Mark came to my attention about, have joined the Marines Corps. Defense Chuck Hagel announced the through a recent column by Charles They have taken after their dad, serv- Obama administration’s decision to in- Wohlforth in the Alaska Dispatch ing their country—six out of seven. crease the number of deployed inter- News. How many families in America can say ceptors from 30 to 44. The final deploy- Mark is originally from Pennsyl- that? The seventh couldn’t because of a ment of these interceptors is expected vania. When he was just 17 years old, medical issue, and he is nearly finished by the end of this year, which dem- he joined the Navy, like a lot of Alas- with a degree in electrical engineering onstrates another point that we must kans. We have more vets per capita from the University of Alaska in An- bear in mind when we consider our mis- than any State in the country. He was chorage and tutors students in math at sile defenses: Decisions take years to deployed in 1972. the university. implement. Mark said: The youngest one, Jenny, a senior in The fact that we are ahead of the When I was in high school, everyone had high school, has already been sworn in threat today is not good enough. We long hair and were anti-government. That’s to the Marines. She wants to drive should be asking ourselves whether the not the way I was. I was for God and coun- tanks. The middle child, Jared, is the steps we are taking today are adequate try. If my brothers were over there in Viet- only one who joined the infantry. When to defeat the threats we know are com- nam, I wanted to stand with them. they all get together, he kids them, ing in the future. I expect the adminis- So he went. When a lot of people were telling them he is the tough one, but I tration’s review to confirm the growing avoiding service, he went. am sure they are all tough. Jared said: threat and articulate a clear response. When Mark got out, he couldn’t find When we were growing up, my dad just The review is expected to conclude in a job, so he began to hitchhike across made things right. He still does. the country into Canada and other the fall, and I plan to hold hearings to What did Mark learn from these chal- places, and he wound up in the magical examine whether it is a proposed way lenges? He said: forward. place we call Alaska. Mark arrived in 1976. After leaving once and coming When you’re married, you become one. And In closing, I would note that the when my wife passed away, she brought me phrase ‘‘no good options’’ is frequently back, he got a job as a taxi driver—a to God with her. And then I brought my chil- repeated when it comes to confronting good job. He met and fell in love with dren to God. I didn’t understand it then, but the threat that is posed by North one of his passengers, a beautiful I do now. It’s been one miracle after another. Korea. This may be true, but the grav- woman named Helen. They went on to Also, what I learned? I’m a dad above ev- ity of the situation demands action. have seven children—Stephen, David, erything else. Kim Jong Un has repeatedly threat- Kelly, Jared, Michael, and Jenny. Well, Mark, thank you. Thanks to ened to attack U.S. cities with nuclear Helen was a great mother. you, your children, and your family for weapons. His capacity to carry this Then, unfortunately, as sometimes this amazing example and for doing threat grows with every passing day. happens in families in certain cir- such a great job of raising your kids. We must change our strategy to pro- cumstances, tragedy struck their fam- You are a model for all of us. Thank tect the American people. Strong sec- ily. In 2007, Helen was walking down a you for being our Alaskan of the Week. ondary sanctions and enhanced missile busy road and was hit and unfortu- f nately killed by a car passing by. defense should form the basis of that TRIBUTE TO KATHY HEINDL new approach. Faced with unspeakable grief, Mark Thank you, Mr. President. knew he couldn’t fall apart. He had Mr. SULLIVAN. Mr. President, as I I yield the floor. seven kids between the ages of 6 and 16, mentioned earlier, I come to the floor I suggest the absence of a quorum. and he had to take care of them. One of every week to talk about my great The PRESIDING OFFICER. The them was in third grade at the time State and to talk about the people of clerk will call the roll. and couldn’t stop crying over the loss my great State—the people who make The legislative clerk proceeded to of his mom. The school called often, it a better place for all of us. We call call the roll. and Mark—still a taxi driver—left these people the Alaskan of the Week. Mr. SULLIVAN. Mr. President, I ask work to pick him up. The hours of It is one of the most fulfilling parts of unanimous consent that the order for tending to his kids began to rack up. my job to come here and talk about the quorum call be rescinded. He couldn’t pay the rent. His kids and people who make a difference, people The PRESIDING OFFICER. Without he had to eventually live in a homeless who don’t get a lot of press, people who objection, it is so ordered. shelter. don’t get a lot of attention, but people f A social worker wanted to put the who are doing the right thing for their kids up for adoption, but Mark refused. country and for their community. TRIBUTE TO MARK BRAUDIS They had lost their mother, they had Right now in Alaska, we have tour- Mr. SULLIVAN. Mr. President, every lost their home, and they weren’t going ists, people coming from all over, and week, I have been coming to the floor to lose their dad. The family needed one of the things happening in Alaska to talk about the wonderful people in him, and they were a team. is salmon season. The biggest runs in my State. A lot of people have visited Eventually—and this is so great; it the world—the bounty of our great Alaska. If you haven’t and you are happens all across Alaska, all across State—are happening right now, and watching on TV, we really, really want America—with the help of the commu- the fish are running. If you or anyone to welcome you to come. It will be the nity, in this case, their local Catholic listening has ever had the opportunity trip of a lifetime; I guarantee it. church, Saint Anthony’s Parish, Mark to catch or eat wild Alaskan salmon, of What we like to do when we talk was able to afford rent for a three-bed- course, it is the memory of a lifetime. about our Alaskan of the Week is talk room apartment with one bathroom There is nothing better; there is no about someone who has made a real where they still live today and to buy better fish in the world. impact, someone who doesn’t get a lot his own taxi license. There is great salmon fishing all of attention, someone who has made an In the face of adversity, he raised his across Alaska, but one of the most impact on his community or country, kids to be strong, proud, caring, re- heavily fished areas in Alaska and the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.026 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4796 CONGRESSIONAL RECORD — SENATE August 3, 2017 world is on Alaska’s Kenai Peninsula, live and thrive,’’ the land trust wrote EXECUTIVE CALENDAR about 45 minutes from Anchorage. Mil- to her. ‘‘Great role models such as Mr. MCCONNELL. Mr. President, the lions of salmon run up the rivers of the yourself can inspire others in our com- next set of nominations to the Treas- Kenai, drawing tens of thousands of munities to take action by following ury Department are critical for tax re- Alaska sports, personal use, and com- your lead’’ and your example. form. mercial fishermen, as well as visitors Mr. President, I want to congratulate I ask unanimous consent that the from all over the country, all over the Kathy for all the work she is doing, es- Senate proceed to the en bloc consider- world to fish the amazing Kenai River. pecially in this busy summer in Alas- ation of the following nominations: Ex- The area can continue to support a ka, and for being our Alaskan of the ecutive Calendar Nos. 111, 113, 114, 184, lot of traffic, but when you have that Week. and 244. many people on the Kenai, sometimes I yield the floor. The PRESIDING OFFICER. The it does cause congestion. So let me I suggest the absence of a quorum. clerk will report the nominations en The PRESIDING OFFICER (Mr. talk about someone who works on bloc. these issues for Alaska—Kathy Heindl. PERDUE). The clerk will call the roll. The bill clerk read the nominations The senior assistant legislative clerk Kathy is an engineer with Homer of David Malpass, of New York, to be proceeded to call the roll. Electric Association on the Kenai. Ten an Under Secretary of the Treasury; Mr. MCCONNELL. Mr. President, I years ago, she visited Alaska as a tour- Brent James McIntosh, of Michigan, to ask unanimous consent that the order ist. She saw the Northern Lights danc- be General Counsel for the Department for the quorum call be rescinded. ing in the winter, the snow-covered of the Treasury; Andrew K. Maloney, of mountains, and she knew she was The PRESIDING OFFICER. Without objection, it is so ordered. Virginia, to be a Deputy Under Sec- home. She loves the Kenai. There is a retary of the Treasury; David J. sense of freedom there and all across f Kautter, of Virginia, to be an Assistant Alaska. It is a place where there is EXECUTIVE SESSION Secretary of the Treasury; and Chris- room to pave your own path but sup- topher Campbell, of California, to be an port others and the community around Assistant Secretary of the Treasury. you, and, of course, there are the salm- EXECUTIVE CALENDAR There being no objection, the Senate on. Mr. MCCONNELL. Mr. President, I proceeded to consider the nominations Since Kathy moved to Alaska, she ask unanimous consent that the Sen- en bloc. has been working to give back to the ate proceed to executive session for the Mr. MCCONNELL. I ask unanimous community that she loves so much. en bloc consideration of the following consent that the Senate vote on the She is an active member and past nominations: Executive Calendar Nos. nominations en bloc with no inter- president of her local Rotary Club. She 185, 186, 187, 188, 189, 190. vening action or debate; that if con- is a member of the Kenai Peninsula The PRESIDING OFFICER. Without firmed, the motions to reconsider be Borough Community Emergency Re- objection, it is so ordered. considered made and laid upon the sponse Team. She is also a member of The clerk will report the nomina- table en bloc; that the President be im- a group that operates ham radios in tions en bloc. mediately notified of the Senate’s ac- order to help if there is a disaster and The bill clerk read the nominations tion; that no further motions be in shuts down cell service or other com- of Brooks D. Tucker, of Maryland, to order; and that any statements related munication devices. be an Assistant Secretary of Veterans to the nominations be printed in the During the summer, right now, she Affairs (Congressional and Legislative RECORD. spends much of her free time as a Affairs); Michael P. Allen, of Florida, The PRESIDING OFFICER. Without Kenai Peninsula Stream Watch volun- to be a Judge of the United States objection, it is so ordered. teer with the Kenai Watershed Forum, Court of Appeals for Veterans Claims The question is, Will the Senate ad- helping to make sure that she will have for the term of fifteen years; Amanda vise and consent to the Malpass, a sustainable fishery—that we will L. Meredith, of Virginia, to be a Judge McIntosh, Maloney, Kautter, and have a sustainable fishery in the Kenai of the United States Court of Appeals Campbell nominations en bloc? and throughout the State for genera- for Veterans Claims for the term of fif- The nominations were confirmed en tions to come. A few times a week, for teen years; Joseph L. Toth, of Wis- bloc. as many as 6 hours at a time, she consin, to be a Judge of the United f roams the fishing spots, picking up States Court of Appeals for Veterans trash, helping others, speaking with Claims for the term of fifteen years; EXECUTIVE CALENDAR anglers. She talks to them about how Thomas G. Bowman, of Florida, to be Mr. MCCONNELL. Mr. President, I to protect themselves. She carries Deputy Secretary of Veterans Affairs; ask unanimous consent that the Sen- around safety goggles—you never want and James Byrne, of Virginia, to be ate proceed to the en bloc consider- a hook in the eye. She talks about General Counsel, Department of Vet- ation of the following nominations: Ex- what happens when you run into a erans Affairs. ecutive Calendar Nos. 96, 240, 242, and bear, which happens a lot in our great Thereupon, the Senate proceeded to 243. State, and the best way to avoid them, consider the nominations en bloc. The PRESIDING OFFICER. The and importantly, she educates anglers Mr. MCCONNELL. Mr. President, I clerk will report the nominations en on how to protect the vegetated banks ask unanimous consent that the Sen- bloc. on this great river to maintain the ate vote on the nominations en bloc The bill clerk read the nominations health of the river and the amazing with no intervening action or debate; of Mira Radielovic Ricardel, of Cali- salmon in it. that if confirmed, the motions to re- fornia, to be Under Secretary of Com- The vast majority of the people in consider be considered made and laid merce for Export Administration; Alaska and from out of State who fish upon the table en bloc; that the Presi- Richard Ashooh, of New Hampshire, to the Kenai are responsible and want to dent be immediately notified of the be an Assistant Secretary of Com- help in any way they can, and they Senate’s action; that no further mo- merce; Neal J. Rackleff, of Texas, to be love Kathy’s help, but, still, all the actions be in order; and that any state- an Assistant Secretary of the Depart- tivity in the area has created erosion ments relating to the nominations be ment of Housing and Urban Develop- problems, which has the potential to printed in the RECORD. ment; and Anna Maria Farias, of hurt the fish. The PRESIDING OFFICER. Without Texas, to be an Assistant Secretary of The Kachemak Heritage Land Trust, objection, it is so ordered. Housing and Urban Development. a land stewardship and conservation The question is, Will the Senate ad- There being no objection, the Senate trust based in Homer, recently recog- vise and consent to the Tucker, Allen, proceeded to consider the nominations nized Kathy’s efforts and presented her Meredith, Toth, Bowman, and Byrne en bloc. with the King Maker Award. ‘‘It is nominations en bloc? Mr. MCCONNELL. Mr. President, I your selfless actions that help protect The nominations were confirmed en ask unanimous consent that the Sen- the vital habitat needed for salmon to bloc. ate vote on the nominations en bloc

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.027 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4797 with no intervening action or debate; The PRESIDING OFFICER. The ation of the following nominations: Ex- that if confirmed, the motions to re- clerk will report the nominations en ecutive Calendar Nos. 166, 228, 229, 230, consider be considered made and laid bloc. 231, 232, 233, 234, 236, 237, 238, 245, 289, upon the table en bloc; that the Presi- The bill clerk read the nominations 290, and 291. dent be immediately notified of the of Claire M. Grady, of Pennsylvania, to The PRESIDING OFFICER. The Senate’s action; that no further mo- be Under Secretary for Management, clerk will report the nominations en tions be in order; and that any state- Department of Homeland Security; and bloc. ments relating to the nominations be David P. Pekoske, of Maryland, to be The bill clerk read the nominations printed in the RECORD. an Assistant Secretary of Homeland of Mark Andrew Green, of Wisconsin, The PRESIDING OFFICER. Without Security. to be Administrator of the United objection, it is so ordered. There being no objection, the Senate States Agency for International Devel- The question is, Will the Senate ad- proceeded to consider the nominations opment; Sharon Day, of Florida, to be vise and consent to the Ricardel, en bloc. Ambassador Extraordinary and Pleni- Ashooh, Rackleff, and Farias nomina- Mr. MCCONNELL. I ask unanimous potentiary of the United States of tions en bloc? consent that the Senate vote on the America to the Republic of Costa Rica; The nominations were confirmed en nominations en bloc with no inter- Nathan Alexander Sales, of Ohio, to be bloc. vening action or debate; that if con- Coordinator for Counterterrorism, with f firmed, the motions to reconsider be the rank and status of Ambassador at Large; George Edward Glass, of Oregon, EXECUTIVE CALENDAR considered made and laid upon the table en bloc; that the President be im- to be Ambassador Extraordinary and Mr. MCCONNELL. Mr. President, I mediately notified of the Senate’s ac- Plenipotentiary of the United States of ask unanimous consent that the Sen- tion, that no further motions be in America to the Portuguese Republic; ate proceed to the en bloc consider- order; and that any statements related Robert Wood Johnson IV, of New York, ation of the following nominations: Ex- to the nominations be printed in the to be Ambassador Extraordinary and ecutive Calendar Nos. 118, 160, 180, 181, Plenipotentiary of the United States of RECORD. 182, and 183. The PRESIDING OFFICER. Without America to the United Kingdom of The PRESIDING OFFICER. The objection, it is so ordered. Great Britain and Northern Ireland; clerk will report the nominations. The question is, Will the Senate ad- Luis E. Arreaga, of Virginia, a Career The bill clerk read the nominations Member of the Senior Foreign Service, of Vishal J. Amin, of Michigan, to be vise and consent to the Grady and Pekoske nominations en bloc? Class of Minister-Counselor, to be Am- Intellectual Property Enforcement Co- bassador Extraordinary and Pleni- ordinator, Executive Office of the The nominations were confirmed en bloc. potentiary of the United States of President; Stephen Elliott Boyd, of America to the Republic of Guatemala; Alabama, to be an Assistant Attorney f Krishna R. Urs, of Connecticut, a Ca- General; Beth Ann Williams, of New EXECUTIVE CALENDAR reer Member of the Senior Foreign Jersey, to be an Assistant Attorney Mr. MCCONNELL. Mr. President, I Service, Class of Minister-Counselor, to General; John W. Huber, of Utah, to be ask unanimous consent that the Sen- be Ambassador Extraordinary and United States Attorney for the District ate proceed to the en bloc consider- Plenipotentiary of the United States of of Utah for the term of four years; Jus- ation of the following nominations: Ex- America to the Republic of Peru; Kay tin E. Herdman, of Ohio, to be United ecutive Calendar Nos. 165 and 225. Bailey Hutchison, of Texas, to be States Attorney for the Northern Dis- The PRESIDING OFFICER. The United States Permanent Representa- trict of Ohio for the term of four years; clerk will report the nominations en tive on the Council of the North Atlan- and John E. Town, of Alabama, to be bloc. tic Treaty Organization, with the rank United States Attorney for the North- The bill clerk read the nominations and status of Ambassador Extraor- ern District of Alabama for the term of of David James Glawe, of Iowa, to be dinary and Plenipotentiary; Ray four years. Under Secretary for Intelligence and Washburne, of Texas, to be President of There being no objection, the Senate Analysis, Department of Homeland Se- the Overseas Private Investment Cor- proceeded to consider the nominations curity; and Susan M. Gordon, of Vir- poration; Kelley Eckels Currie, of en bloc. ginia, to be Principal Deputy Director Georgia, to be Representative of the Mr. MCCONNELL. I ask unanimous of National Intelligence. United States of America on the Eco- consent that the Senate vote on the nomic and Social Council of the United nominations en bloc with no inter- There being no objection, the Senate proceeded to consider the nominations Nations, with the rank of Ambassador; vening action or debate; that if con- Kelley Eckels Currie, of Georgia, to be firmed, the motions to reconsider be en bloc. Mr. MCCONNELL. Mr. President, I an Alternate Representative of the considered made and laid upon the United States of America to the Ses- table en bloc; that the President be im- ask unanimous consent that the Sen- ate vote on the nominations en bloc sions of the General Assembly of the mediately notified of the Senate’s ac- United Nations, during her tenure of tion; that no further motions be in with no intervening action or debate; that if confirmed, the motions to re- service as Representative of the United order; and that any statements relat- States of America on the Economic and ing to the nominations be printed in consider be considered made and laid upon the table en bloc; that the Presi- Social Council of the United Nations; the RECORD. David Steele Bohigian, of Missouri, to The PRESIDING OFFICER. Without dent be immediately notified of the be Executive Vice President of the objection, it is so ordered. Senate’s action; that no further mo- The question is, Will the Senate ad- tions be in order; and that any state- Overseas Private Investment Corpora- vise and consent to the Amin, Boyd, ments relating to the nominations be tion; Michael Arthur Raynor, of Mary- Williams, Huber, Herdman, and Town printed in the RECORD. land, a Career Member of the Senior nominations en bloc? The PRESIDING OFFICER. Without Foreign Service, Class of Minister- The nominations were confirmed en objection, it is so ordered. Counselor, to be Ambassador Extraor- bloc. The question is, Will the Senate ad- dinary and Plenipotentiary of the United States of America to the Fed- f vise and consent to the Glawe and Gor- don nominations en bloc? eral Democratic Republic of Ethiopia; EXECUTIVE CALENDAR The nominations were confirmed en Maria E. Brewer, of Indiana, a Career Mr. MCCONNELL. The next nominees bloc. Member of the Senior Foreign Service, are TSA Administrator and Under Sec- f Class of Minister-Counselor, to be Am- retary. bassador Extraordinary and Pleni- I ask unanimous consent that the EXECUTIVE CALENDAR potentiary of the United States of Senate proceed to the en bloc consider- Mr. MCCONNELL. Mr. President, I America to the Republic of Sierra ation of the following nominations: Ex- ask unanimous consent that the Sen- Leone; and John P. Desrocher, of New ecutive Calendar Nos. 163 and 177. ate proceed to the en bloc consider- York, a Career Member of the Senior

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.029 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4798 CONGRESSIONAL RECORD — SENATE August 3, 2017 Foreign Service, Class of Minister- The nominations were confirmed en Commission for a term expiring April Counselor, to be Ambassador Extraor- bloc. 27, 2021; Heather L. MacDougall, of dinary and Plenipotentiary of the f Florida, to be a Member of the Occupa- United States of America to the Peo- tional Safety and Health Review Com- EXECUTIVE CALENDAR ple’s Democratic Republic of Algeria. mission for a term expiring April 27, There being no objection, the Senate Mr. MCCONNELL. Mr. President, I 2023; Elinore F. McCance-Katz, of proceeded to consider the nominations ask unanimous consent that the Sen- Rhode Island, to be Assistant Sec- en bloc. ate proceed to the en bloc consider- retary for Mental Health and Sub- Mr. MCCONNELL. Mr. President, I ation of the following nominations: Ex- stance Use, Department of Health and ask unanimous consent that the Sen- ecutive Calendar Nos. 158, 252, 253, 256, Human Services; Lance Allen Robert- ate vote on the nominations en bloc 258, 257, and 279. son, of Oklahoma, to be Assistant Sec- with no intervening action or debate; The PRESIDING OFFICER. The retary for Aging, Department of Health that if confirmed, the motions to re- clerk will report the nominations. and Human Services; Jerome M. consider be considered made and laid The senior assistant legislative clerk Adams, of Indiana, to be Medical Direc- upon the table en bloc; that the Presi- read the nominations of Robert L. tor in the Regular Corps of the Public dent be immediately notified of the Sumwalt III, of South Carolina, to be a Health Service, subject to qualifica- Senate’s action; that no further mo- Member of the National Transpor- tions therefor as provided by law and tions be in order; and that any state- tation Safety Board for a term expiring regulations, and to be Surgeon General ments relating to the nominations be December 31, 2021; Karen Dunn Kelley, of the Public Health Service for a term printed in the RECORD. of Pennsylvania, to be Under Secretary of four years; and Robert P. Kadlec, of The PRESIDING OFFICER. Without of Commerce for Economic Affairs; New York, to be Medical Director in objection, it is so ordered. Elizabeth Erin Walsh, of the District of the Regular Corps of the Public Health The question is, Will the Senate ad- Columbia, to be Assistant Secretary of Service, subject to qualifications vise and consent to the Green, Day, Commerce and Director General of the therefor as provided by law and regula- Sales, Glass, Johnson, Arreaga, Urs, United States and Foreign Commercial tions, and to be Assistant Secretary for Hutchison, Washburne, Currie, Currie, Service; Mark H. Buzby, of Virginia, to Preparedness and Response, Depart- Bohigian, Raynor, Brewer, and be Administrator of the Maritime Ad- ment of Health and Human Services. Desrocher nominations en bloc? ministration; Robert L. Sumwalt III, of There being no objection, the Senate The nominations were confirmed en South Carolina, to be Chairman of the proceeded to consider the nominations bloc. National Transportation Safety Board en bloc. f for a term of two years; Peter B. David- Mr. MCCONNELL. Mr. President, I son, of Virginia, to be General Counsel EXECUTIVE CALENDAR ask unanimous consent that the Sen- of the Department of Commerce; and ate vote on the nominations en bloc Mr. MCCONNELL. Mr. President, I Michael Platt, Jr., of Arkansas, to be with no intervening action or debate; ask unanimous consent that the Sen- an Assistant Secretary of Commerce. that if confirmed, the motions to re- ate proceed to the en bloc consider- There being no objection, the Senate consider be considered made and laid ation of the following nominations: Ex- proceeded to consider the nominations upon the table en bloc; that the Presi- ecutive Calendar Nos. 227, 235, and 239. en bloc. dent be immediately notified of the The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Senate’s action; that no further mo- clerk will report the nominations. ask unanimous consent that the Sen- tions be in order; and that any state- The senior assistant legislative clerk ate vote on the nominations en bloc ments relating to the nominations be read the nominations of Kelly Knight with no intervening action or debate; printed in the RECORD. Craft, of Kentucky, to be Ambassador that if confirmed, the motions to re- The PRESIDING OFFICER. Without Extraordinary and Plenipotentiary of consider be considered made and laid objection, it is so ordered. the United States of America to Can- upon the table en bloc; that the Presi- The question is, Will the Senate ad- ada; Lewis M. Eisenberg, of Florida, to dent be immediately notified of the vise and consent to the Oppenheim, be Ambassador Extraordinary and Senate’s action; that no further mo- Sullivan, MacDougall, McCance-Katz, Plenipotentiary of the United States of tions be in order; and that any state- Robertson, Adams, and Kadlec nomina- America to the Italian Republic, and to ments relating to the nominations be tions en bloc? serve concurrently and without addi- printed in the RECORD. The nominations were confirmed en tional compensation as Ambassador The PRESIDING OFFICER. Without bloc. Extraordinary and Plenipotentiary of objection, it is so ordered. f the United States of America to the The question is, Will the Senate ad- Republic of San Marino; and Carl C. vise and consent to the Sumwalt, EXECUTIVE CALENDAR Risch, of Pennsylvania, to be an Assist- Kelley, Walsh, Buzby, Sumwalt, David- Mr. MCCONNELL. Mr. President, I ant Secretary of State (Consular Af- son, and Platt nominations en bloc? ask unanimous consent that the Sen- fairs). The nominations were confirmed en ate proceed to the en bloc consider- There being no objection, the Senate bloc. ation of the following nominations: Ex- proceeded to consider the nominations f ecutive Calendar Nos. 255 and 259. en bloc. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I EXECUTIVE CALENDAR clerk will report the nominations en ask unanimous consent that the Sen- Mr. MCCONNELL. Mr. President, I bloc. ate vote on the nominations en bloc ask unanimous consent that the Sen- The senior assistant legislative clerk with no intervening action or debate; ate proceed to the en bloc consider- read the nominations of Jessica that if confirmed, the motions to re- ation of the following nominations: PN Rosenworcel, of Connecticut, to be a consider be considered made and laid 567, Executive Calendar Nos. 262, 264, Member of the Federal Communica- upon the table en bloc; that the Presi- 265, 266, 267, and 268. tions Commission for a term of five dent be immediately notified of the The PRESIDING OFFICER. The years from July 1, 2015; and Brendan Senate’s action; that no further mo- clerk will report the nominations en Carr, of Virginia, to be a Member of the tions be in order; and that any state- bloc. Federal Communications Commission ments relating to the nominations be The senior assistant legislative clerk for the remainder of the term expiring printed in the RECORD. read the nominations of Peter Louis June 30, 2018. The PRESIDING OFFICER. Without Oppenheim, of Maryland, to be Assist- There being no objection, the Senate objection, it is so ordered. ant Secretary for Legislation and Con- proceeded to consider the nominations The question is, Will the Senate ad- gressional Affairs, Department of Edu- en bloc. vise and consent to the Craft, cation; James J. Sullivan, Jr., of Penn- Mr. MCCONNELL. Mr. President, I Eisenberg, and Risch nominations en sylvania, to be a Member of the Occu- ask unanimous consent that the Sen- bloc? pational Safety and Health Review ate vote on the nominations en bloc

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4799 with no intervening action or debate; To be major general PN802 NAVY nominations (34) beginning that if confirmed, the motions to re- Brig. Gen. Darrell J. Guthrie DOMINIC J. ANTENUCCI, and ending MAT- consider be considered made and laid The following named officer for appoint- THEW J. WOOTEN, which nominations were upon the table en bloc; that the Presi- ment in the Reserve of the Army to the received by the Senate and appeared in the Congressional Record of July 20, 2017. dent be immediately notified of the grade indicated under title 10, U.S.C., section 12203: PN803 NAVY nominations (58) beginning Senate’s action; that no further mo- CLEMIA ANDERSON, and ending MICHAEL tions be in order; and that any state- To be brigadier general A. ZUNDEL, which nominations were re- ments relating to the nominations be Col. Brian E. Miller ceived by the Senate and appeared in the printed in the RECORD. NOMINATIONS PLACED ON THE SECRETARY’S Congressional Record of July 20, 2017. The PRESIDING OFFICER. Without DESK PN804 NAVY nominations (26) beginning objection, it is so ordered. IN THE ARMY ERIC F. BAUMAN, and ending EVAN R. WHITBECK, which nominations were re- The question is, will the Senate ad- PN650 ARMY nomination of Damian R. ceived by the Senate and appeared in the Tong, which was received by the Senate and vise and consent to the Rosenworcel Congressional Record of July 20, 2017. appeared in the Congressional Record of and Carr nominations en bloc? PN805 NAVY nominations (107) beginning June 15, 2017. The nominations were confirmed en THOMAS B. ABLEMAN, and ending BRUCE PN842 ARMY nominations (14) beginning bloc. A. YEE, which nominations were received by DENNIS ARROYO, and ending BRIAN P. the Senate and appeared in the Congres- f WEBER, which nominations were received sional Record of July 20, 2017. by the Senate and appeared in the Congres- EXECUTIVE CALENDAR PN806 NAVY nominations (2) beginning sional Record of July 27, 2017. ERIC W. HASS, and ending GAIL M. Mr. MCCONNELL. Mr. President, I PN843 ARMY nominations (15) beginning MULLEAVY, which nominations were re- ask unanimous consent that the Sen- MURRAY E. CARLOCK, and ending CARLOS ceived by the Senate and appeared in the ate proceed to the consideration of Ex- V. SILVA, which nominations were received Congressional Record of July 20, 2017. by the Senate and appeared in the Congres- ecutive Calendar Nos. 272 through 278 PN807 NAVY nominations (36) beginning sional Record of July 27, 2017. and all nominations placed on the Sec- CHRISTOPHER L. ALMOND, and ending PN844 ARMY nominations (24) beginning retary’s desk; that the nominations be DANIEL W. WALL, which nominations were ALON S. AHARON, and ending EDWIN A. received by the Senate and appeared in the confirmed and the motions to recon- WYMER, which nominations were received Congressional Record of July 20, 2017. sider be considered made and laid upon by the Senate and appeared in the Congres- PN808 NAVY nominations (19) beginning the table with no intervening action or sional Record of July 27, 2017. ROBERT E. BRADSHAW, and ending LEROY debate; that no further motions be in PN845 ARMY nominations (5) beginning C. YOUNG, which nominations were received JULIA R. PLEVNIA, and ending HAL E. order; that any statements related to by the Senate and appeared in the Congres- VINEYARD, which nominations were re- the nominations be printed in the sional Record of July 20, 2017. ceived by the Senate and appeared in the Record; and that the President be im- PN809 NAVY nominations (58) beginning Congressional Record of July 27, 2017. mediately notified of the Senate’s ac- THOMAS E. ARNOLD, and ending MICHAEL PN846 ARMY nominations (14) beginning P. YUNKER, which nominations were re- tion. TRESSA D. COCHRAN, and ending KAREN ceived by the Senate and appeared in the The PRESIDING OFFICER. Without F. WIGGINS, which nominations were re- Congressional Record of July 20, 2017. objection, it is so ordered. ceived by the Senate and appeared in the PN821 NAVY nomination of Clair E. Smith, The nominations considered and con- Congressional Record of July 27, 2017. which was received by the Senate and ap- firmed are as follows: PN847 ARMY nominations (6) beginning peared in the Congressional Record of July LOREN D. ADAMS, and ending PHILIP A. IN THE AIR FORCE 25, 2017. WENTZ, which nominations were received by The following named officers for appoint- PN822 NAVY nomination of Morgan E. the Senate and appeared in the Congres- ment in the United States Air Force to the McClellan, which was received by the Senate sional Record of July 27, 2017. grade indicated under title 10, U.S.C., section PN848 ARMY nominations (9) beginning and appeared in the Congressional Record of 624: JOANNE E. ARSENAULT, and ending July 25, 2017. PN823 NAVY nominations (2) beginning To be major general FELISHA L. RHODES, which nominations ANDREW B. BRIDGFORTH, and ending Brig. Gen. Mark D. Camerer were received by the Senate and appeared in RONALD J. MITCHELL, which nominations IN THE NAVY the Congressional Record of July 27, 2017. PN849 ARMY nominations (24) beginning were received by the Senate and appeared in The following named officer for appoint- the Congressional Record of July 25, 2017. ment in the United States Navy to the grade MICHAEL E. ALVIS, and ending JEFFREY f indicated while assigned to a position of im- P. WOOD, which nominations were received portance and responsibility under title 10, by the Senate and appeared in the Congres- EXECUTIVE CALENDAR U.S.C., section 601: sional Record of July 27, 2017. PN850 ARMY nominations (59) beginning The PRESIDING OFFICER. Mr. To be vice admiral JOHN W. ALDRIDGE, and ending PHILIP E. President, I now ask unanimous con- Rear Adm. DeWolfe H. Miller, III ZAPANTA, which nominations were received sent that the Senate proceed to the en The following named officer for appoint- by the Senate and appeared in the Congres- bloc consideration of the following ment in the United States Navy to the grade sional Record of July 27, 2017. nominations: Executive Calendar Nos. PN851 ARMY nominations (17) beginning indicated while assigned to a position of im- 161, 269, and 271. portance and responsibility under title 10, SCOTT R. CHEEVER, and ending DIANA E. U.S.C., section 601: ZSCHASCHEL, which nominations were re- The PRESIDING OFFICER. The clerk will report the nominations en To be vice admiral ceived by the Senate and appeared in the Congressional Record of July 27, 2017. bloc. Rear Adm. John D. Alexander PN852 ARMY nominations (40) beginning The senior assistant legislative clerk The following named officer for appoint- EDWARD J. ALEXANDER, and ending read the nominations of J. Christopher ment in the United States Navy to the grade BRIDGET C. WOLFE, which nominations indicated while assigned to a position of im- Giancarlo, of New Jersey, to be Chair- were received by the Senate and appeared in man of the Commodity Futures Trad- portance and responsibility under title 10, the Congressional Record of July 27, 2017. U.S.C., section 601: PN853 ARMY nominations (8) beginning ing Commission; Brian D. Quintenz, of To be vice admiral ROBIN CREAR, and ending NEIL P. WOODS, Ohio, to be a Commissioner of the Com- Vice Adm. John C. Aquilino which nominations were received by the Sen- modity Futures Trading Commission ate and appeared in the Congressional for a term expiring April 13, 2020; and IN THE ARMY Record of July 27, 2017. Rostin Behnam, of New Jersey, to be a The following named officer for appoint- PN854 ARMY nominations (2) beginning ment in the United States Army to the grade Commissioner of the Commodity Fu- ERIC W. BULLOCK, and ending CRYSTAL tures Trading Commission for a term indicated while assigned to a position of im- R. ROMAY, which nominations were re- portance and responsibility under title 10, ceived by the Senate and appeared in the expiring June 19, 2021. U.S.C., section 601: Congressional Record of July 27, 2017. There being no objection, the Senate To be lieutenant general IN THE NAVY proceeded to consider the nominations en bloc. Lt. Gen. Robert P. Ashley, Jr. PN801 NAVY nominations (71) beginning The following named officer for appoint- BETTY S. ALEXANDER, and ending JAMES Mr. MCCONNELL. Mr. President, I ment in the Reserve of the Army to the S. ZMIJSKI, which nominations were re- ask unanimous consent that the Sen- grade indicated under title 10, U.S.C., section ceived by the Senate and appeared in the ate vote on the nominations en bloc 12203: Congressional Record of July 20, 2017. with no intervening action or debate;

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.041 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4800 CONGRESSIONAL RECORD — SENATE August 3, 2017 that if confirmed, the motions to re- tion, including the Deputies of mul- One of the ways we have done that is consider be considered made and laid tiple Cabinet offices that had been through one of the more obscure laws, upon the table en bloc; that the Presi- lacking these key positions. perhaps—but one we have brought to dent be immediately notified of the Moving forward, I hope this agree- life—the so-called Congressional Re- Senate’s action; that no further moment represents the way forward on view Act. Until just this year, I think tions be in order; and that any state- confirming nominees so our govern- the Congressional Review Act had been ments relating to the nominations be ment can be fully staffed and working used only one time to repeal the printed in the RECORD. for the American people. ergonomics rule years ago. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- The Congressional Review Act was objection, it is so ordered. jority whip. created to give Congress an oppor- The question is, Will the Senate ad- f tunity to do away with or repeal regu- vise and consent to the Giancarlo, SENATE ACCOMPLISHMENTS AND lations which were put in place as the Quintenz, and Behnam nominations en THE BUILDING AMERICA’S Obama administration was headed out bloc? TRUST ACT the door. Using these Congressional The nominations were confirmed en Review Acts, and with an ally in the Mr. CORNYN. Mr. President, I con- bloc. White House, we undid some of the gratulate the majority leader for secur- f thousands of burdensome rules and reg- ing these important confirmations of ulations created by the Obama admin- EXECUTIVE CALENDAR nominees who have been waiting, for istration—rules and regulations which no good reason, simply to get an up-or- added up to a hefty pricetag for our Mr. MCCONNELL. Mr. President, I down vote and get confirmed. This is a country and which have strangled our ask unanimous consent that the Sen- big day, with roughly 65 nominations economic recovery since 2008 and the ate proceed to the consideration of Ex- confirmed just here in the last few ecutive Calendar No. 98, the nomina- great recession. minutes—things that should have been That is not all. We have also passed tion of Althea Coetzee to be Deputy handled but for the obstruction and Administrator at the SBA; that the important bipartisan legislation im- foot-dragging of our colleagues across posing tough sanctions on Iran, Russia, nomination be confirmed and the the aisle. and North Korea. President be immediately notified of I want to focus for just a minute on In the case of Iran, the overwhelming the Senate’s action. things we have been able to do, not- vote was a strong message that the The PRESIDING OFFICER. Without withstanding the lack of cooperation of United States will not tolerate Iran’s objection, it is so ordered. our colleagues across the aisle since complicity in terror and is a clear indi- The nomination considered and con- this new administration came into of- cator of just how important this legis- firmed is as follows: fice. lation is. Now, most people listening to IN THE SMALL BUSINESS ADMINISTRATION I know the focus of the press—and, frankly, some of our own focus—has me would be surprised we did this be- Althea Coetzee, of Virginia, to be Deputy Ad- cause, frankly, there wasn’t a whole lot ministrator of the Small Business Ad- been on the unfinished business, like ministration. healthcare reform. I can assure my col- of coverage about it because it was done with such broad and over- f leagues that issue is not going away and gets more difficult to address as whelming bipartisan support, but it is UNANIMOUS CONSENT AGREE- each day goes by. important, and it is an important sig- MENT—EXECUTIVE CALENDAR Perhaps one of the most significant nal to our adversaries in other countries that we will not sit idly by and Mr. MCCONNELL. Mr. President, I things we have done in the last few leave our Nation undefended and their ask unanimous consent that at 5 p.m. months is confirm Neil Gorsuch as a Justice on the Supreme Court. It is un- acts undeterred. on Tuesday, September 5, the Senate This week, we continue to build on proceed to executive session for consid- deniable that Judge Gorsuch is a qualified, high-caliber nominee, and he is al- these additional accomplishments for eration of Calendar No. 171, the nomi- our veterans. I commend, in particular, nation of Timothy Kelly to be U.S. dis- ready serving our Nation well on our the Senator from Georgia, Mr. ISAKSON, trict judge for the District of Colum- highest Court. We have also worked together with for his great work in getting these bills bia. I further ask that there be 30 min- passed. utes of debate on the nomination, the President to deliver legislation that is a priority for our veterans and Over the last several years, we have equally divided in the usual form; that police departments around the Nation. heard about VA facilities across the following the use or yielding back of The American Law Enforcement He- State of Texas and across the country time, the Senate vote on confirmation roes Act, which I was proud to sponsor, which have been plagued by ineffi- with no intervening action or debate; will help our returning veterans con- ciency, unaccountability, and quality and that if confirmed, the President be tinue to serve their country by cre- of care issues. The VA has been hin- immediately notified of the Senate’s ating incentives for police departments dered by unnecessary bureaucratic hur- action. to hire them once they take off their dles which have been incredibly frus- The PRESIDING OFFICER. Without military uniform and put on a new uni- trating and costly for our veterans. objection, it is so ordered. form as a member of local police de- The Veterans Choice Program was cre- f partments. This legislation will help ated to fix that by ensuring veterans LEGISLATIVE SESSION keep our communities safe while sup- can receive timely appointments close porting those who have served our to home. The VA Choice and Quality Mr. MCCONNELL. Mr. President, I country. I am proud we were able to Employment Act, which we passed ear- ask unanimous consent that the Sen- work together on a bipartisan basis to lier this week, continues that program ate proceed to legislative session. make it the law of the land. and guarantees veterans that they will The PRESIDING OFFICER. Without On this side of the aisle, we are abso- continue to have access to care with- objection, it is so ordered. lutely committed to helping businesses out interruption. The majority leader. and job creators do what they do best— Of course, we still have additional f innovate, create more jobs, and employ work to do before leaving for the Au- more people—and not waste time deal- gust work period. There are still vacan- NOMINATIONS ing with onerous rules and regulations. cies in the executive branch that need Mr. MCCONNELL. Mr. President, the With a friend in the White House— to be filled. In order for President Senate has confirmed more executive somebody sympathetic to the needs to Trump to do the job he was elected to branch nominees this week than all of grow the economy, create more oppor- do on November 8, he needs his team in the executive branch nominees con- tunities, and let people pursue the place. While I am glad that today, just firmed this year—combined. This was American dream—we have been able to a few moments ago, roughly 65 of his an important step toward filling crit- finally deliver some relief to the Amer- Cabinet nominees and sub-Cabinet ical roles throughout the administra- ican people. nominees were confirmed, I hope our

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.042 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4801 colleagues across the aisle will stop Task Force of the West and South Officer for helping restart that discus- their stall tactics so we can confirm Texas Corridor. Chief Padilla presides sion because we need to focus not only the rest of the nominees of this admin- over the busiest Border Patrol sector on border security and enforcing our istration. in the United States. He said some- laws, we need to think about and talk I congratulate the Senator from Ten- thing then which stuck with me. He about what a 21st century immigration nessee, the chairman of the Health, pointed out that any border security system for our country should look Education, Labor, and Pensions Com- plan must include a combination of like. Should it be based strictly on mittee, for the work he did to see pas- three things, and the way those three family relationships or should it be sage of the Food and Drug Administra- things come together may well vary, based on some of the attributes of the tion User Fee Program. This is an in- and will vary, depending on the par- immigrant which would benefit the credibly important, although some- ticular location: United States—people with advanced what obscure, law that helps establish The first is physical infrastructure. degrees and capability, people who can partnerships between the private and Here is an example of some of the come here and help make our country public sector which ensure patients fencing that exists along the border better, not just come here to become have access to safe and effective drugs where the Border Patrol believes it is dependent on our country. and medical devices, while also main- necessary in order to control the flow The Building America’s Trust Act is taining the position of the United of people across the border in a way a chance for our Democratic colleagues States as a global leader in medical in- they can be allowed to do their job. who have said they actually believe in novation. The second is technology—things border security to demonstrate their It is simple. Faster approvals mean like this aerostat, with its radar capa- support. In fact, we supported one of treatments and cures reach patients bility. It is literally eyes in the sky, the toughest border security packages sooner, and increased competition which can allow the Border Patrol to there is. I believe that is what this rep- leads to lower cost, and that, in turn, do their job better. resents. leads to more lives saved. Here is another example of some of It is clear the President has made ob- I also congratulate Senator JOHNSON the ground-based radar which is avail- vious from the beginning that border from Wisconsin. He has been trying to able. You can imagine, with a 1,200- security would be a top priority for get this bill called the Right to Try mile border between Texas and Mexico him. I think it is one of the reasons he Act, which passed unanimously earlier alone, it is a huge job and a very com- was elected on November 8 of last today. This is designed to give dying plex environment. year—because the American people individuals one last chance to try per- Of course, the third thing, in addition sensed, even if maybe they didn’t know haps sometimes experimental medica- to physical infrastructure and tech- the details, that things had gotten out of control, our borders were in chaos, tions to see if that will help them ex- nology, is things like personnel. Lit- and thousands of people were coming tend their quality of life and their lon- erally, we need to make sure we have across the border who had no legal gevity. I know he feels passionately an adequate number of Border Patrol right to be here in disregard of our about it, and I congratulate him for his available to deal with people who are laws. They sensed, in their core, that leadership and perseverance. coming across the border in violation something was fundamentally wrong— With these remaining items, it is of our immigration laws. that, yes, we are a nation of immi- clear we have been able to accomplish I believe, until we secure the border grants, but we are also a nation of a lot in a short time for the American and enforce the law, we will never be laws—and we have lost that. This is people. Again, we focus on our unfin- able to regain the public’s confidence, about regaining trust in government ished work—like the healthcare bill. I which allows us to do other things we and keeping our commitment to the assure my colleagues, once again, that need to do to fix our broken immigration system. American people. remains broken, people remain hurt- Over these last few months, I have That is why we call this bill the ing, and we should not rest or give up been working with colleagues, not only Building America’s Trust Act. It does until we are able to give them some rein the Senate and the House but with these things—secures our borders with lief, and we are determined to do that. General Kelly in the Department of expanded resources, enhances ports of Mr. President, I want to mention one Homeland Security—now Chief of Staff entry to increase trade—because it is other piece of legislation that was in- of the White House—to come up with a important to separate the criminal ac- troduced today which we have been strategic plan which addresses various tivity from legitimate trade and com- working on for a long time—years, lit- facets of border security and interior erally, but since the Trump adminis- merce, which creates 5 million jobs in enforcement as well. We know about 40 tration came into office, and particu- the United States alone. That is just percent of illegal immigration is people larly with Secretary of Homeland Se- by our national trade with Mexico. Of who enter the country legally but who curity General Kelly, who has now be- course, it strengthens enforcement of overstay their visa and simply melt come the Chief of Staff for the White our immigration laws. That is why we into the great American landscape. House. have gotten support from the National For too long, those on the frontlines We have introduced something called Border Patrol Council, the Federal Law have not had the tools they need to get the Building America’s Trust Act, Enforcement Officers Association, the the job done. These are public servants, which is border security legislation Southwestern Border Sheriff’s Coali- like our Border Patrol, who risk their that increases resources at our borders tion, and the Texas Border Sheriff’s Co- lives to keep us safe, and we simply while boosting trade through ports of alition as well, and we have had sup- haven’t lived up to our commitment to entry and strengthens enforcement of portive statements by the Fraternal give them the tools and the political existing laws. Order of Police and others. will necessary to support them. Earlier this year, several of my col- I firmly believe that until we accom- We know the borders are also cause leagues and I went to my home State plish this goal—until we regain the for our local, State, and Federal offi- to tour our southern border, including public’s confidence that we are actu- cials to have to work together, and it the Rio Grande Valley, Laredo, and Del ally serious about it and we have a makes sense for us to do more to help Rio, TX. The reason I was so glad to plan to do it—we will not be permitted them do their job at the State and welcome my colleagues to visit Texas by our constituents to do the other local level as well. with me and see the borders is because things we know we need to do to fix our Our bill authorizes additional re- it is a unique part, not only of our broken immigration system. sources for Border Patrol agents, Cus- State but a unique part of our Nation. I know the Presiding Officer was at toms and Border Protection officers, Each mile along the border presents the White House yesterday with the for agricultural inspectors, and Immi- its own challenge in terms of what is President, talking about his plan to try gration and Customs Enforcement, or needed to protect it. On this trip, we to make our legal immigration system ICE officers. We also provide for addi- spoke most notably with Manny more merit-based. This is something tional immigration judges and Federal Padilla, chief of the Rio Grande Patrol we have been trying to do for years prosecutors for State and local law en- Sector and commander of the Joint now, and I congratulate the Presiding forcement to aggressively fight drug

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.044 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4802 CONGRESSIONAL RECORD — SENATE August 3, 2017 trafficking, smuggling, and other and trade and traffic, all of which are nomic and technological marvel of the crimes that, unfortunately, occur important parts of a successful border world. Cradled in the best traditions of along our borders because the organiza- security effort. the West and animated by a culture tions—these transnational criminal or- Border security really is not a one- equal parts industrious, creative, and ganizations—really don’t care about size-fits-all plan. As Chief Padilla said, restless, our system has produced the human life. it is always a combination of tech- most prosperous people in human his- We saw that recently when a number nology, personnel, and tactical infra- tory. It has shown its shortcomings, to of immigrants died in the back of a structure—wall systems, fences, and be sure. But on the whole, the Amer- tractor trailer in a parking lot at the like. We need an approach that will ican economy is unrivaled by any Walmart in San Antonio, TX. They are work for each unique area with input other. Indeed, at times its blessings are a commodity, a way to make money in and stakeholder consultation at every so bountiful, its provisions for the cre- the eyes of these cartels who care noth- step to ensure that the right solution is ation of wealth so effective, that we ing about human life. Drugs, weapons, achieved for all involved. tend to take it for granted in this and other threats to our country are As I have said, I am happy to have country. We tend, at times, to forget also part of what they move across the support for this legislation from sev- what got us here. border, and that is why border security eral law enforcement organizations. I A big part of what got us here is is so important. look forward to working with all of my American antitrust law. You see, all Our bill also focuses on criminals, colleagues in both Chambers, as well as throughout history, societies and gov- gangs, and repeat offenders who return the administration, toward our goal of ernments have tended toward the cen- to the United States in defiance of our protecting our Nation and securing our tral planning of economic activity. laws. We have zero tolerance for those borders. America, however, chose a different criminals in this bill. We end catch- I firmly believe that border security, path. We refused to yield to the false and-release, and we include Kate’s ultimately, is a matter of political comforts of collectivism. We opted, in- Law, a bill recently passed by the will. This President has the political stead, for an economy that was vi- House that increases penalties for will, and this Congress should have the brant, tumultuous, competitive, and those who repeatedly cross our borders political will to get the job done. This free. It is fortunate that we did, for we illegally. The bill is named after Kate was the commitment that he made and have found that in the impossible com- Steinle, who was so tragically mur- that we need to make to the American plexity and unsettling chaos of the dered in San Francisco. people and that, I think, informed their market—wherein millions of con- We hold sanctuary cities accountable vote on November 8, 2016. sumers and producers make millions of because no city should be able to defy With this legislation as a guide, we individual and uncoordinated decisions cooperation with Federal law enforce- aren’t just securing our borders for to- each and every day—a spontaneous ment officials. We are not asking them morrow. We are looking ahead and order arises that serves all of us far to do the Federal Government’s job, locking in a framework that will exist better than any central authority ever but they do have an obligation, as we long after President Trump leaves of- could. Of course, our markets work to- all do as American citizens, to cooper- fice. ward those ends only when they are ate and work with our law enforcement With the Building America’s Trust genuinely free, fair, and competitive. officials. Act, I hope we can do just that and, That is where antitrust comes in. We impose tough penalties on Fed- again, finally regain the public’s con- In a very real sense, antitrust is the eral funds for jurisdictions that fail to fidence by earning that confidence and capitalist’s answer to the siren song of comply with lawful Federal immigra- restoring order and lawfulness to our the central planner. When antitrust tion enforcement requests. To curb the broken immigration system. doctrine is referred to as the Magna abuse of visas, our bill utilizes a bio- I yield the floor. Carta of the free enterprise system, I metric entry-exit system at ports of The PRESIDING OFFICER. The Sen- suspect this is what we mean. entry to identify visa overstays and ator from Utah. Let me be clear: Antitrust doctrine cut off immigration benefits to those Mr. HATCH. Mr. President, I agree in this country has not always gotten who exploit the system. with the distinguished Senator from it right. As we all know, early anti- We also make sure to invest in our Texas. I thought his remarks were very trust policy tended to confuse protec- ports of entry. These are the ways that much on point and very good. tion of market participants for protec- people come into our country legally f tion of the market itself; it was quick and engage in commerce and trade, to micromanage particular industries, which is mutually beneficial. We can’t MODERN ANTITRUST LAW to choose ad hoc intervention over pre- neglect our trading partnerships with Mr. HATCH. Mr. President, I rise dictable systems of incentives, and to our neighbors to the south because we today to speak on a policy matter that cast suspicion on any market too con- depend on that trade to create and sus- has been generating substantial atten- centrated or business too big. tain 5 million jobs in the United States tion recently, and that is modern anti- Fortunately, antitrust doctrine alone. trust law. This issue is critical. In the grows and adapts. It develops in the The Building America’s Trust Act perennial debate over the proper role of same wonderful tradition and manner will also help boost the flow of com- government in economic affairs, it will as the common law. Just as the commerce through our ports so that legiti- grow all the more critical in the years mon law historically gave us property, mate trade can continue to flourish. to come. contract, and commercial rights, so too This bill also includes a large invest- New technologies, creating markets upon their basis does antitrust seek, ment of resources to improve our ports not even imaginable only a decade ago, year by year, to give us markets that of entry, to help target and isolate ille- are spurring fundamental shifts in the are competitive and free. Thus, the gal immigration and drug trafficking economic landscape. In the national modern era of antitrust has produced a at ports while facilitating increased, news, mergers between corporate gi- fundamental improvement in our com- legitimate trade and travel. ants or new fines imposed by foreign petitive doctrine. Perhaps most importantly, this bill regulators are becoming an acceptable We have steadily adopted the con- also requires that the Department of thing almost every day. In the Senate, sumer welfare standard, which judges Homeland Security and law enforce- we increasingly see antitrust law the conduct of firms and the arrangement officials consult with local offi- dragged into larger economic argument of markets by what will maxi- cials every step of the way. The people ments that are heavier in inflam- mize efficiency and therein serve con- who live in our border communities matory rhetoric than in careful delib- sumers most completely. know best how to help control illegal eration. Allow me, then, to offer a few There will always be market failures traffic and illegal activity, but it is the thoughts on the matter, and to directly to account for and noneconomic con- Federal Government’s responsibility to address the rising controversy. cerns to keep in mind. But when it step up and help them. They under- America has always been—and, I comes to the core, basic functioning of stand the benefits of legitimate travel haven’t a doubt, will remain—the eco- the market—how to deliver the most

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.046 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4803 goods to the most people at the highest old partisan food fight over our anti- mentary insights are not so superior to quality and lowest cost—consumer wel- trust officials. Let’s get Makan the lessons learned over generations fare still works best. Delrahim to work. FTC nominations prior. In most industries, most of the time, will likely include two Republicans and Of course, anyone can see that we ought to think a little less about a Democrat. There is no reason they changes are afoot. As chairman of the how best to regulate the market and a can’t be swiftly confirmed as a pack- Senate Republican High-Tech Task little more about how best to set the age. If delay on these important con- Force, I have seen it firsthand. The market upon regulating itself. The dis- firmations persists, I will be back on new technological age, having dawned ciplining effects of competition and the the floor to make sure everyone—from in the late 20th century, continues to limitless store of American ingenuity consumers to industry—knows it. ripen into the 21st. do far more for consumers than the As I mentioned earlier, antitrust has New innovation is relentlessly spur- well-intentioned intervention of gov- been increasingly drawn into the ring transformation across the econ- ernment authorities. broader public debate on economic and omy, and many markets are concen- The consumer welfare standard has, innovation policy, and not for the bet- trating as a result. Yet supporters of consistently over the years, proved an ter. With each passing day, it seems the progressive standard seem to think absolute boon to our economy and our the consumer welfare standard finds this presents historically unique prob- society. Of course, a legal standard itself besieged from the left. Their lems. They rely, as academics are wont means little unless handled with care. rhetoric may not yet have made its to do, on sleek, new jargon to argue We have chosen the right standard; way into traditional precedent, but it that today’s antitrust challenges are now we must keep choosing the right certainly has made itself known. not only tangibly but conceptually dis- officials to implement it. You see, Some in academia insist that recent tinct of those of the past. They argue, under the consumer welfare standard, market concentration and techno- in other words, that things really are good antitrust enforcement is a lot like logical progress compel a return to different this time around. At the end good sports officiating. It harnesses, bold, persistent experimentation. Many of the day, terms like ‘‘platform eco- rather than stems, the flow of the ac- in the media call for antitrust to pur- nomics’’ and ‘‘network effects’’—com- tion. It lays out limited, predictable, sue everything from industrial democ- monly used to attack the consumer and reliably enforced rules. It gets the racy to campaign finance reform to welfare standard—do less to define new most out of the players and the com- material leveling. Above all else, we economic concepts than to explain how petition itself, regardless of which hear again the old, lazy mantras that old economic concepts are manifesting team is in the lead. Most importantly, big is bad, disruption is suspect, and themselves in modern markets. as any sports fan could tell you, when public utility designation is welcome. Through history, we have seen this officiating is done right, we hardly no- Professor and former FTC Commis- time and time again. As the saying tice the refs at all. sioner Joshua Wright has referred to goes, the more things change, the more With the right antitrust officials cog- this particular set of proposals as ‘‘hip- they stay the same. Markets con- nizant of their role, we can expect a ster antitrust.’’ Well, as you might centrate and then disperse; dominant spirited contest in which American en- imagine, nobody would mistake me for firms rise and then fall; with innova- trepreneurs keep putting points on the a hipster. So for my part, and for ease, tion comes creation in one sector and board and American consumers keep I will go ahead and call it the progres- destruction in another. Anxiety over reaping the reward. sive standard. Truth be told, as a pro- this evolution is very real, and the stri- Federal judges, naturally, are crit- posed replacement for the consumer dent calls we hear to do something ical. In disputes of consequence, they welfare standard, the progressive about it—whatever that may be—are provide the ultimate backstop. standard leaves me deeply impressed. on some level understandable, but this Also critical are our executive offi- From what I can tell, it amounts to lit- lurch toward the progressive standard cials. Makan Delrahim, for instance, tle more than pseudoeconomic dema- is not. has been nominated to lead the Anti- goguery and anti-corporate paranoia. Change, sometimes furious change, is trust Division at the Department of Nevertheless, it must not be dismissed a constant in our system. For all its Justice. He is eminently qualified, en- out of hand. rancor, for all its chaos and uncer- joys broad, bipartisan support, and is Over the last 8 years, policymakers tainty, it is, alas, what propels us for- at the ready to start as soon as he re- laid the groundwork for it by routinely ward. We hope, not fear, that each age ceives our consent. I will urge my col- disregarding some of the most basic looks better than the last. leagues in the Senate, once again, to elements of the consumer welfare Now, in anticipation of an objection take up his nomination and confirm standard. Now we see the same from my friends across the aisle, no- him to this important post. He has stirrings of this radical approach in body is suggesting that no enforcement both Democrat and Republican sup- many speeches on the other side of the is necessary. Genuinely anti-competi- port. He is well known. He ran the Ju- aisle, as well as in the recently re- tive conduct must be stopped, and diciary Committee under my jurisdic- leased platform curiously titled ‘‘A mergers prone to abet such conduct tion. Better Deal.’’ must be heavily scrutinized. That is all On the other side of the enforcement As such, I believe a response is in a part of keeping markets fair and free equation, we are still waiting on nomi- order. In defense of the consumer wel- in the best tradition of American cap- nations to the Federal Trade Commis- fare standard, we could, of course, run italism. sion. The FTC is an important agency through the more technical defi- Again, as I mentioned earlier, we that will play a central role in the ciencies of the progressive standard. should aim to regulate markets such years ahead. Whoever is put in charge We can mention that as doctrine, it that in their basic core functioning will face the monumental task of set- lacks manageable standards, dis- they regulate themselves. Market dis- ting the agency on the right track. I pensing with intellectual rigor and in- cipline imposed by competition and have supreme confidence that the viting political mischief. We can men- driven by innovation should be our President will make the right choice tion that as theory, it accounts for nei- aim. To that end, nobody doubts that on this one, and I look forward to sup- ther tradeoffs nor scarcity. We can new developments in the market will porting his nominees. mention that as aspiration, it subordi- require a fresh look at doctrine. No- As these vacancies linger, however, nates the productive incentives of the body questions that the consumer wel- uncertainty lingers as well. Critical entrepreneur to the fanciful designs of fare standard will have to adapt. For merger and acquisition activity re- the bureaucrat. example, categories of anti-competi- mains sidelined as innovation is chilled Truth be told, the real trouble for the tive conduct may need to be tweaked, and expansions are put on hold. All of progressive standard is, it fails to grasp refastened or even expanded in light of this comes at an unnecessary cost to the bigger picture of our history, econ- technical advancement and market our businesses and consumers. omy, and national character. It fails to evolution. Merger review, never an I want this whole body to hear me appreciate that our time is not so dis- exact science, will seize upon new econ- clearly: There is no need for the same tinct from times past and that our mo- ometric tools for measuring ancient

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.047 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4804 CONGRESSIONAL RECORD — SENATE August 3, 2017 economic concepts like quality, pref- be adorned with original terminology work and discipline, and worked at a local erence, and efficiency. The rule of rea- or aimed at novel markets, but it is the drug store. son, I am sure, will continue to bedevil same old collectivist impulse it has al- (3) In 1941, Bob Dole enrolled at the Univer- judges, practitioners, and law students ways been. In that sense, these ideas sity of Kansas as a pre-medical student. Dur- alike, but that is just fine. are not unique to Americans. Every ing his time at KU he played for the basket- Antitrust, as I keep saying, is ulti- day we receive concerning reports from ball, football, and track teams, and joined mately a common law exercise. I am around the world that foreign govern- the Kappa Sigma Fraternity, from which he here to argue merely that the con- ments are increasingly turning to anti- would receive the ‘‘Man of the Year’’ award sumer welfare standard, when handled trust for industrial policy. Whether do- in 1970. prudently, is a far better steward of (4) Bob Dole’s collegiate studies were inter- mestically or abroad, the stakes are rupted by WWII, and he enlisted in the our economy than the progressive simply too high, the consequences too standard, which is deeply misguided United States Army. During a military of- grievous for the consumer welfare fensive in Italy, he was seriously wounded and potentially quite destructive. standard to be swept away in an in- Take, for instance, the proposed while trying to save a fellow soldier. Despite stant, merely because a new breed of his grave injuries, Dole recovered and was Amazon-Whole Foods merger, which central planners—falsely conceiving has generated so much interest lately. awarded two Purple Hearts and a Bronze themselves different from their prede- Star with an Oak Cluster for his service. He It would, of course, be inappropriate cessors—imagine they know best. for me on the floor of the Senate to also received an American Campaign Medal, In America, we have always opted for a European-African-Middle Eastern Cam- pass judgment. I would caution my col- the invisible hand of the free market paign Medal, and a World War II Victory leagues the same. There is an estab- over the heavy hand of government Medal. lished process for review, but the ques- intervention. Let’s keep it that way. (5) While working on his law degree from tion should be asked: Upon what basis Mr. President, I suggest the absence Washburn University, Bob Dole was elected should antitrust authorities evaluate a of a quorum. into the Kansas House of Representatives, proposed merger like this? What we The PRESIDING OFFICER. The serving from 1951-1953. need is the consumer welfare standard. clerk will call the roll. (6) Bob Dole was elected into the U.S. It carefully examines the basic and The senior assistant legislative clerk House of Representatives and served two critical question of whether such a deal proceeded to call the roll. Kansas districts from 1961-1969. helps consumers or whether it hurts Mr. ROBERTS. Mr. President, I ask (7) In 1969, Bob Dole was elected into the consumers. It relies on a coherent doc- unanimous consent that the order for U.S. Senate and served until 1996. Over the trine to strike a balance. It is a bal- the quorum call be rescinded. course of this period, he served as Chairman ance between the merger’s pro-com- The PRESIDING OFFICER. Without of the Republican National Committee, petitive effects, such as integrative ef- objection, it is so ordered. Chairman of the Finance Committee, Senate ficiencies and innovation, and the anti- f Minority Leader, and Senate Majority Lead- trust competitive potential, such as er. BOB DOLE CONGRESSIONAL GOLD (8) Bob Dole was known for his ability market domination by one firm or fa- MEDAL ACT work across the aisle and embrace practical cilitated price coordination by the few Mr. ROBERTS. Mr. President, I ask bipartisanship on issues such as social secu- that remain. What we absolutely do unanimous consent that the Com- rity. not need, on the other hand, is the pro- mittee on Banking, Housing, and (9) Bob Dole has been a life-long advocate gressive standard. Urban Affairs be discharged from fur- for the disabled and was a key figure in the Under no doctrinal limitations to passing of the Americans with Disabilities cabin discretion, antitrust officials ther consideration of S. 1616 and the Senate proceed to its immediate con- Act in 1990. would gladly follow vague institutions (10) After his appointment as Majority in shifting intuitions. With a broad sideration. The PRESIDING OFFICER. Without Leader, Bob Dole set the record as the na- mandate to pursue aims far grander tion’s longest-serving Republican Leader in than mere market efficiency, officials objection, it is so ordered. the Senate. The clerk will report the bill by title. would be free to engage in ad hoc theo- The senior assistant legislative clerk (11) Several Presidents of the United States have specially honored Bob Dole for rizing about whether corporate consoli- read as follows: dation, writ large, can be squared with his hard-work and leadership in the public A bill (S. 1616) to award the Congressional sector. This recognition is exemplified by universal justice, common fairness, and Gold Medal to Bob Dole, in recognition for community values, or of whatever else the following: his service to the nation as a soldier, legis- (A) President Reagan awarded Bob Dole their creativity recommends. To take lator, and statesman. the Presidential Citizens Medal in 1989 stat- another example, across the Atlantic, There being no objection, the Senate our friends in the European Union have ing, ‘‘Whether on the battlefield or Capitol proceeded to consider the bill. Hill, Senator Dole has served America hero- leveled a massive fine against Google Mr. ROBERTS. Mr. President, I ask ically. Senate Majority Leader during one of for anti-competitive conduct. Again, it unanimous consent that the bill be the most productive Congresses of recent is not for me to say on the floor wheth- considered read a third time. time, he has also been a friend to veterans, er those fines are justified. I don’t The PRESIDING OFFICER. Without farmers, and Americans from every walk of think they are, but it is not for me to objection, it is so ordered. life. Bob Dole has stood for integrity, say. The bill was ordered to be engrossed straight talk and achievement throughout Once more, what we need is the for a third reading and was read the his years of distinguished public service.’’. framework provided by the consumer third time. (B) Upon awarding Bob Dole with the Pres- welfare standard. We must weigh the Mr. ROBERTS. I know of no further idential Medal of Freedom in 1997, President pro-competitive aspects of Google’s debate on the bill. Clinton made the following comments, ‘‘Son conduct with its anti-competitive po- The PRESIDING OFFICER. Is there of the soil, citizen, soldier and legislator, tential. The ultimate inquiry should be further debate? Bob Dole understands the American people, whether consumers are better off as a Hearing none, the bill having been their struggles, their triumphs and their result of Google’s actions. Under the read the third time, the question is, dreams. . . In times of conflict and crisis, he progressive standard, however, instead Shall the bill pass? has worked to keep America united and of asking what lowers prices and in- The bill (S. 1616) was passed, as fol- strong. . . our country is better for his cour- creases quality—instead of considering lows: age, his determination, and his willingness actual proof of harm to consumers—we S. 1616 to go the long course to lead America.’’. (12) After his career in public office, Bob would be asking what best serves the Be it enacted by the Senate and House of Rep- Dole became an active advocate for the pub- social goals in vogue at the moment. resentatives of the United States of America in Congress assembled, lic good. He served as National Chairman of The result would be an open invitation the World War II Memorial Campaign, help- to market intervention that is more SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Bob Dole ing raise over $197 million dollars to con- politically motivated than economi- Congressional Gold Medal Act’’. struct the National WWII Memorial, and as cally sound. SEC. 2. FINDINGS. Co-Chair of the Families of Freedom Schol- In conclusion, for all the past rhet- Congress finds the following: arship Fund, raising over $120 million for the oric, for all the claims that a new age (1) Bob Dole was born on July 22, 1923 in educational needs of the families of victims requires a new doctrine, the ideas be- Russell, Kansas. of 9-11. hind the progressive standard are not (2) Growing up during the Great Depres- (13) From 1997-2001, Bob Dole served as new. They are terribly old. They may sion, Bob Dole learned the values of hard- chairman of the International Commission

VerDate Sep 11 2014 02:10 Aug 05, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD17\S03AU7.REC S03AU7 August 3, 2017 CONGRESSIONAL RECORD — SENATE S4805 on Missing Persons in the Former Yugo- poses of chapter 51 of title 31, United States President Reagan stated: slavia. Code. Whether on the battlefield or Capitol Hill, (b) NUMISMATIC ITEMS.—For purposes of (14) In 2003, Bob Dole established The Rob- Senator Dole has served America heroically. ert J. Dole Institute of Politics at the Uni- sections 5134 and 5136 of title 31, United States Code, all medals struck under this Serving as Senate Majority Leader during versity of Kansas to encourage bipartisan- one of the most productive Congresses of re- ship in politics. Act shall be considered to be numismatic items. cent time, he has also been a friend to vet- (15) Bob Dole is a strong proponent of erans, farmers, and Americans from every international justice and, in 2004, received Mr. ROBERTS. I ask unanimous con- walk of life. Bob Dole has stood for integrity, the Golden Medal of Freedom from the presi- sent that the motion to reconsider be straight talk and achievement throughout dent of Kosovo for his support of democracy considered made and laid upon the his years of distinguished public service. and freedom in Kosovo. table. So said our former President, Ronald (16) In 2007, President George W. Bush ap- The PRESIDING OFFICER. Without Reagan. pointed Bob Dole to co-chair the President’s objection, it is so ordered. Commission on Care for America’s Returning Mr. ROBERTS. Mr. President, I rise As I said, they are Kansas values. Wounded Warriors, which inspected the sys- also to talk about my dear friend and Likewise, in 1997, President Clinton tem of medical care received by U.S. soldiers mentor, Bob Dole. Senator Dole just awarded Senator Dole with the Presi- returning from Iraq and Afghanistan. celebrated his 94th birthday, and I dential Medal of Freedom saying: (17) Bob Dole was the co-creator of the Son of the soil, citizen, soldier and legis- McGovern-Dole International Food for Edu- think it is obviously right and proper to honor his contributions to our Na- lator, Bob Dole understands the American cation and Child Nutrition Program, helping people, their struggles, their triumphs and combat child hunger and poverty. In 2008, he tion. their dreams. . . . In times of conflict and was co-awarded the World Food Prize for his Let me tell you a little bit about Bob crisis, he has worked to keep America united work with this organization. Dole. He comes from Russell, KS. You and strong. . . . Our country is better for his (18) Bob Dole is co-founder of the Bipar- can’t get any more Kansas than Rus- courage, his determination, and his willing- tisan Policy Center which works to develop sell. Growing up during the Great De- ness to go the long course to lead America. policies suitable for bipartisan support. pression, Bob Dole learned the values So said our former President, Bill (19) Bob Dole is a strong advocate for vet- of hard work and discipline, which is Clinton. erans, having volunteered on a weekly basis the mark of a Kansas upbringing and for more than a decade on behalf of the Senator Dole remains active today, the heart of what I call Kansas values. serving as the national chairman of the Honor Flight Network. In 1941, Bob Dole enrolled at the Uni- (20) Bob Dole serves as Finance Chairman World War II Memorial Campaign, a versity of Kansas as a premed student. memorial that simply would not be in of the Campaign for the National Eisenhower During his time at KU, he played for Memorial, leading the private fundraising ef- existence today had it not been for his fort to memorialize President Dwight D. Ei- the basketball, football, and track perseverance, leadership, and cochair teams. Being a K-State alum, I don’t senhower in Washington, DC. of the Families of Freedom Scholarship always hold that against him, but his (21) Bob Dole was acknowledged by many Fund. organizations for his achievements both in- collegiate studies were interrupted by In 2007 President George W. Bush ap- side and outside of politics, including being World War II. And when he answered pointed Bob to cochair the President’s awarded the ‘‘U.S. Senator John Heinz the call to duty, he joined the U.S. Award for Outstanding Public Service By An Commission on Care for America’s Re- Army. During a military offensive in turning Wounded Warriors, which in- Elected Official’’, the Gold Good Citizenship Italy, he was very seriously wounded Award, the American Patriot Award, the spected and reformed the system of Survivor’s Gratitude Award, the U.S. Asso- while trying to save a fellow soldier. medical care received by U.S. soldiers ciation of Former Member of Congress Dis- Despite his grave injuries, Bob recov- returning from Iraq and Afghanistan. tinguished Service Award, a Distinguished ered and was awarded two Purple He remains the strongest advocate Service Medal, the French Legion of Honor Hearts and a Bronze Star with an Oak for veterans, having volunteered on a medal, the Horatio Alger Award, the U.S. Leaf Cluster for his service. He is in- weekly basis for more than a decade on Defense Department’s Distinguished Public deed a warrior and a hero. behalf of the national Honor Flight Service Award, the National Collegiate Ath- After the war, Bob returned to Kan- letic Association’s Teddy Roosevelt Award, Network. sas, studied the law, and was elected to As a person who has gone to the the Albert Schweitzer Medal ‘‘for out- the Kansas House of Representatives. standing contributions to animal welfare’’, World War II Memorial, along with Bob He soon moved to the U.S. House of Dole, I know I greet the veterans at the the 2004 Sylvanus Thayer Award, and hon- Representatives and served two Kansas orary degrees from the University of Kansas, bus. They immediately get off the bus. Fort Hays State University, and the Univer- districts from 1961 to 1969, including Whether they are from Kansas or any sity of New Hampshire School of Law. my old district, if I can refer to it in other State, they are very proud to (22) Throughout his life-long service to our that way, ‘‘The Big First.’’ In 1969, Bob Dole was elected to the come to see their memorial. The first country, Bob Dole has embodied the Amer- question they ask is this: Where is ican spirit of leadership and determination, U.S. Senate and served until 1996. Now, and serves as one of the most prolific role over the course of this period, he Bob? Is Bob here? Then, they flock to models both in and outside of politics. served as chairman of the Republican him like a mother hen. Maybe, that is SEC. 3. CONGRESSIONAL GOLD MEDAL. National Committee, chairman of the not the best example, but it certainly (a) AWARD AUTHORIZED.—The Speaker of Finance Committee, Senate minority shows the pride and the desire of our the House of Representatives and the Presi- leader, and then Senate majority lead- veterans to meet the man who did so dent pro tempore of the Senate shall make er. much for their memorial. appropriate arrangements for the award, on During his time in Washington, Sen- I am also proud that he serves today behalf of Congress, of a gold medal of appro- as the finance chairman of the cam- priate design to Bob Dole, in recognition for ator Dole was known for his ability to his service to the nation as a soldier, legis- work across the aisle and embrace paign for the national Dwight D. Eisen- lator, and statesman. practical bipartisanship on the issues, hower Memorial, leading the private (b) DESIGN AND STRIKING.—For the purpose such as tax reform, Social Security, fundraising effort to memorialize of the award referred to in subsection (a), the and many other pressing issues. I President Dwight David Eisenhower, Secretary of the Treasury (referred to in this would call this the Kansas approach to our favorite son in Kansas, here in Act as the ‘‘Secretary’’) shall strike a gold legislating. He has been a lifelong ad- Washington, something near and dear medal with suitable emblems, devices, and to both of us. I am privileged to be the inscriptions to be determined by the Sec- vocate for the disabled and was a key retary. figure in the passing of the Americans chairman of the Eisenhower Memorial SEC. 4. DUPLICATE MEDALS. with Disabilities Act back in 1990. Commission. The Secretary may strike and sell dupli- After his appointment as majority It is abundantly clear that through- cates in bronze of the gold medal struck leader, Bob Dole set the record as the out his long service to our country, under section 3 under such regulations as the Nation’s longest serving Republican Bob Dole has embodied the American Secretary may prescribe, at a price suffi- leader in the Senate of the United spirit of leadership and determination, cient to cover the cost thereof, including States. Several Presidents of the and he serves as one of the most pro- labor, materials, dies, use of machinery, and United States have especially honored lific role models both in and outside of overhead expenses, and the cost of the gold medal. Bob for his hard work and leadership in politics. SEC. 5. STATUS OF MEDALS. the public sector. For example, Presi- I am reminded of the time when I was (a) NATIONAL MEDALS.—The medals struck dent Reagan awarded Bob Dole the stationed at Quantico as a young ma- under this Act are national medals for pur- Presidential Citizens Medal in 1989. rine and my dad, Wes Roberts, who was

VerDate Sep 11 2014 02:10 Aug 05, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD17\S03AU7.REC S03AU7 S4806 CONGRESSIONAL RECORD — SENATE August 3, 2017 a friend and adviser to Bob, said: I SECTION 1. SHORT TITLE. The PRESIDING OFFICER. Is there want to take you up to the Hill to meet This Act may be cited as the ‘‘Private objection? Congressman Bob Dole. I consider him Corrado Piccoli Purple Heart Preservation Without objection, it is so ordered. Act’’. to have the highest potential to be The PRESIDING OFFICER. The Sen- SEC. 2. FINDINGS. whatever he wants with regard to pub- Congress finds the following: ator from Delaware. lic service. (1) The Purple Heart medal solemnly rec- f So I went up to the Hill, and I met ognizes the great and sometimes ultimate HEALTHCARE this handsome young man. He didn’t sacrifice of American servicemembers like sit on his hands very long in terms of Private Corrado Piccoli. Mr. CARPER. Good afternoon, Mr. what he wanted to accomplish. I first (2) The Purple Heart medal holds a place of President. It is good to see the Pre- met him then, and, then, as a staffer honor as the national symbol of this sac- siding Officer and to hear my colleague for my predecessor, the Honorable rifice and deserves special protections. Senator PERDUE, as he prepares to Keith Sebelius, a congressman from SEC. 3. PENALTY FOR SALE OF PURPLE HEARTS probably head for home for the next AWARDED TO MEMBERS OF THE ‘‘The Big First’’ and, then, as a Mem- ARMED FORCES. several weeks. ber of the House for 16 years. Section 704 of title 18, United States Code, A number of our Senators are head- I tell the story that most people in is amended— ing for their home States this after- the House thought that whatever I pro- (1) in subsection (a), by striking ‘‘Who- noon and tomorrow to begin what is posed or whatever I was for, Bob Dole ever’’ and inserting ‘‘Except as provided in traditionally called the August recess. was for me. Well, about 50 percent of subsection (e), whoever’’; and I am fortunate to live in Delaware, and that was true, but I never told them (2) by adding at the end the following: I can go home every night. Some peo- ‘‘(e) PURPLE HEART.— about the other 50 percent. So I was ‘‘(1) PENALTY.—Whoever willfully purple see it as a blessing, others as a really able to get a lot done. chases, attempts to purchase, solicits for curse. I see it as a blessing to go home Bob, thank you for that. purchase, mails, ships, imports, exports, pro- and stay a while. I am looking forward I am so proud—so proud—to call him duces blank certificates of receipt for, manu- to that. friend. I am proud to serve his State. I factures, sells, attempts to sell, advertises We have three Senate office buildings am equally proud today that each Sen- for sale, trades, barters, or exchanges for here on Capitol Hill that Senators ator—each and every Senator and col- anything of value any Purple Heart awarded share and where they have their office leagues on both sides of the aisle—have to a member of the armed forces or former member of the armed forces by the Secretary space. The oldest is Russell. The next joined me in honoring Senator Bob oldest is Dirksen. The newest is a Dole with a Congressional Gold of the military department concerned, except when authorized under regulations building they call the Hart Senate Of- Medal—all 100. It didn’t take very long. made pursuant to law, shall be fined under fice Building. For 16 or 17 years, my I yield the floor this title, imprisoned not more than 6 staff and I have been in the Hart Build- I suggest the absence of a quorum. months, or both. ing—and by choice. Every 2 years we The PRESIDING OFFICER. The ‘‘(2) LIMITATION ON REGULATIONS.—Regula- clerk will call the roll. can change offices, but we always want tions described in paragraph (1) may not au- to stay in the same office, which is sort The senior assistant legislative clerk thorize the sale of any Purple Heart awarded proceeded to call the roll. to a member of the armed forces or former of unusual when you have been here for Mr. PERDUE. Mr. President, I ask member of the armed forces by the Secretary 16 or 17 years. unanimous consent that the order for of the military department concerned, unless Sometimes a lot of people say the the quorum call be rescinded. the sale is conducted by the member or names Russell or Dirksen or Hart. Rus- The PRESIDING OFFICER (Mr. former member to whom the Purple Heart sell and Dirksen are pretty famous JOHNSON). Without objection, it is so was awarded. folks, even now. Hart is less well ordered. ‘‘(3) DEFINITION.—In this subsection, the known. I will not take a lot of time to term ‘willfully’ means the voluntary, inten- f give a deep history of who Philip Hart tional violation of a known legal duty.’’. was, but he was a Senator from Michi- PRIVATE CORRADO PICCOLI PUR- The bill (S. 765), as amended, was or- gan and he was a Democrat. His time PLE HEART PRESERVATION ACT dered to be engrossed for a third read- here preceded my time. Mr. PERDUE. Mr. President, I ask ing, was read the third time, and I was elected State treasurer for unanimous consent that the Com- passed. Delaware in 1976, a Congressman in mittee on the Judiciary be discharged Mr. PERDUE. Mr. President, this leg- 1982, and Governor in 1992. Then, I from further consideration of S. 765 and islation is important because it will came to the Senate in 2001. But for offer the Purple Heart the same types the Senate proceed to its immediate Philip Hart and me, as far as I know, of legal protections currently in place consideration. our service never crossed. If we did, I for the Medal of Honor and help put an The PRESIDING OFFICER. Without am not aware. end to profiteering off of the sacrifice objection, it is so ordered. I don’t know a lot of the things he of our great American heroes. The clerk will report the bill by title. was famous for. There are some of his The legislative clerk read as follows: I would like to thank those Senators who have cosponsored this bill, as well, famous quotes, but one of my all-time A bill (S. 765) to amend title 18, United favorite quotations are the words I be- States Code, to provide for penalties for the and the chairman and ranking member lieve he said when he left this place. He sale of any Purple Heart awarded to a mem- of the Judiciary Committee for per- ber of the Armed Forces. sisting to get this bill on the floor. left the Senate and retired. Some say There being no objection, the Senate There is no higher honor that we he left too soon, but when he retired, proceeded to consider the bill. have in the Senate than to honor our he said these words: ‘‘I leave as I ar- Mr. PERDUE. Mr. President, I ask veterans and the people who put their rived, understanding clearly the com- unanimous consent that the Perdue lives on the line every day for their plexity of the world into which we were substitute amendment be considered country. born and optimistic that if we give it our best shot, we will come close to and agreed to, the bill, as amended, be f considered read a third time and achieving the goals set for us 200 years UNANIMOUS CONSENT passed, and the motion to reconsider be ago.’’ AGREEMENT—H.J. RES. 76 considered made and laid upon the That is what he said. Aren’t those table. Mr. PERDUE. Mr. President, I ask wonderful words? At a time when we The PRESIDING OFFICER. Is there unanimous consent that if the Senate could actually use a little bit of en- objection? receives H.J. Res. 76 from the House, couragement, I hope that, maybe, his Without objection, it is so ordered. and if the text of H.J. Res. 76 is iden- words provide at least a small measure. The amendment (No. 767) in the na- tical to the text at the desk, that the For me, they always provided a large ture of a substitute was agreed to, as joint resolution be considered passed, measure. follows: the preamble be considered agreed to, If you go back to the beginning of (Purpose: In the nature of a substitute) and the motions to reconsider be con- this Congress, January 3, and the inau- Strike all after the enacting clause and in- sidered made and laid upon the table guration of the President on January sert the following: with no intervening action or debate. 20 of this year, there were high hopes

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.051 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4807 on both sides to immediately get to One idea was from our First Lady, that there should be a prohibition work on comprehensive tax reform; on Hillary Rodham Clinton. She worked against insurance companies being able transportation and infrastructure pol- with really smart people to come up to say to people who are sick or have icy for roads, highways, bridges, rails, with a healthcare plan called some kind of preexisting conditions: ports, broadband, and maybe our elec- HillaryCare, to essentially try to We are not going to insure you because tric grid. There was the idea of doing achieve those three goals I mentioned. you have a preexisting condition. Her- something for our Republican friends Our friends in the Republican Party itage said that should be verboten. You to repeal the Affordable Care Act. were not always kind in characterizing shouldn’t get away with that if you are As it turns out, we have in some her proposal. I think, when they called an insurance company. cases disappointed, and in other cases it ‘‘HillaryCare,’’ it was not meant to Those were the five ideas. Our friends we probably have pleased the folks who be a compliment. Even now, in tele- here on the Republican side of the aisle elected us to serve them, in developing vision commercials, I remember seeing said: We want to take those ideas. and creating some of the policy for our them kind of denigrating her efforts. They did. The lead sponsor was John country. One of the responses from the folks Chafee. I think he had 22 Republican I spent a fair amount of time on who supported it—at least, something sponsors in 1993, including Senator healthcare. I know the Presiding Offi- that First Lady Hillary Clinton pro- HATCH, who was the senior Republican cer, the Senator from Wisconsin, has as posed—or one of the things that the on the Finance Committee and chaired well. I spent a fair amount of time Democratic side said to the Repub- the Finance Committee, and CHUCK thinking and working on healthcare licans was this: What is your idea? At GRASSLEY, a senior Republican on Fi- before, as a Governor and even as a least we have an idea. nance who was also the chairman of Congressman. I am not a doctor. I have Then, some really smart people over the Judiciary Committee. They were never pretended to be and have never at the Heritage Foundation went to some of the 22 cosponsors of the Repub- wanted to be, but I think one of the work and they came up with what lican bill, which really reflected the credos for the folks in the medical field turns out to be a good idea—several Heritage Foundation’s ideas. Neither and physicians is ‘‘do no harm.’’ I hope very good ideas—to draw on market HillaryCare nor the Chafee legislation that, at least on the healthcare front, forces in order to try to meet those went forward and was adopted. in these 7 months here of this legisla- three goals I stated earlier on But about 13 years later, in 2006, a tive session, we have not done a great healthcare. fellow Governor of Massachusetts was deal of harm. I don’t think we have. The first great idea of the five ideas thinking about what were some things We had a robust debate on whether was to create exchanges in every State he could do to really differentiate him- the Affordable Care Act should be re- for people who don’t have coverage self in the field for running for Presi- pealed, with a special focus on the sec- under Medicaid or Medicare or they dent in 2008. His advisers came up with tion called ObamaCare, and not much don’t work for an employer that pro- this idea: Why don’t we try to cover ev- of a debate on how we get better vides healthcare for them. These are erybody in Massachusetts and be the healthcare results for less money, al- large purchasing pools in every State first State with everyone having though it is a goal we all share, as where people can get healthcare cov- healthcare coverage? They dusted off Democrats and Republicans, in the ex- erage and be part of a large group plan the Heritage Foundation’s five ideas ecutive branch and in the legislative and realize the benefits of being a part and introduced the legislation in Mas- branch. I think that we all share the of that large group plan. sachusetts. They amended it and goal of trying to figure out how to pro- The second aspect or pillar of their changed it a little bit, but, in the end, vide better healthcare for less money five ideas was the idea of a sliding- they passed the legislation. They im- to everybody so everybody has cov- scale tax credit for people whose in- plemented legislation in 2006, I believe, erage. I think that is a shared goal. come was low. They would get a tax that reflected Heritage’s ideas from LAMAR ALEXANDER, my Senate col- credit to lower the cost of a premium 1993 and reflected the legislation that league from Tennessee, likes to say: A in the exchange in their State. As that was written in this Chamber by John pilot wouldn’t take off in an airplane person came up and up, at least to a Chafee in 1993. It worked. It worked in without knowing what his or her des- certain level, the tax credit would go Massachusetts. tination is. Think about that. With re- away. It is a sliding-scale tax credit. They fairly quickly were able to spect to our destination on healthcare, That was a Heritage Foundation idea. cover a lot of extra people in their I think we know what the destination Their third idea was something State who hadn’t been covered before. is; that is, as I said earlier, to make called an individual mandate, which One of the things they wrestled with sure we provide better coverage for less said that, if you don’t have coverage, early on was portability. As it turns money and cover everybody. That is you have to get it. Particularly, you out, the folks who are young and invin- the destination. have to sign up for it in the exchange. cible, like our pages here with us—I Just as a guy who spent a lot of time If you don’t want to sign up, you are think this may be the last day or two as a naval flight officer in airplanes for going to be fined. You can’t actually before they head back for home. about 23 years, I know there are dif- make people sign up and get coverage, The Presiding Officer may not know ferent ways to get to places. Some- but the idea behind Heritage was that this, but the pages are here on over- times it is a straight line; sometimes it we would incentivize people to get cov- time. Most of the pages returned to is not. Sometimes you have to go erage, because, eventually, people who their home States across the country, around turbulence, around storms, or don’t have coverage will have to get but there are a half dozen or so volun- under them. You may run short on care. Unfortunately, it is really expen- teers that are still sticking with us to fuel, and there may be mechanical mal- sive if they go to the emergency room. the bitter end. Hopefully, it is not too functions. It is not always a straight A lot of times they are so sick that bitter an end. We hope that someday line to get to where we want to go in they end up getting admitted. That you will come back here as interns or an airplane. It turns out that it is not costs a bundle, and the rest of us end maybe staff Members, and, who knows, a straight line—that destination that up paying for it. So the third pillar was maybe even as Presiding Officers or we want to get to with respect to the individual mandate. just mortals—mere mortals like me. healthcare, for better results, less The fourth pillar was the employer Thank you again for your service. money, and covering everyone. mandate, because we want employers Anyway, the Romney folks found out One of the efforts to reach that des- to cover their employees. That may that they had this fine setup. So if peo- tination has its roots in 1993. In fact, not be absolute full coverage or Cad- ple didn’t get coverage in Massachu- here in Washington there were two illac coverage. You don’t have to nec- setts, they would have to pay a fine. It ideas for reaching that destination in essarily cover their family, but we went up over time. It was later that terms of healthcare. Our shared goals want you to offer coverage to your em- they decided that if they had to do this go back to 1993, where you had here in ployees—hopefully, decent coverage. over again, they would have had the Washington two different ideas that The last part dealt with preexisting fine start higher and escalate faster in were put on the table. conditions. The Heritage folks said order to send a clear message to the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.053 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4808 CONGRESSIONAL RECORD — SENATE August 3, 2017 young invincibles and others who by Senator Chafee—and put that into ka; SUSAN COLLINS, of Maine; and JOHN didn’t have coverage that you have to the Affordable Care Act. I know that MCCAIN, of Arizona—joined 48 Demo- get serious about getting coverage. there are some people who wanted to crats in saying: Let’s hit the pause but- They wanted a mix of people in their have a single-payer system in that ton on degrading, further bringing exchanges so that insurance companies their idea of healthcare reform was to down, the Affordable Care Act. Let’s would be able to insure them and not cover everyone under Medicare who did hit the pause button. It is not because lose their shirts—to make money off of not have coverage. We were just not the Affordable Care Act is perfect, be- it. ready to go there, so we said: Let’s try cause we know there are things in it Anyway, when we were working on something that has been put in place in that need to be fixed, but there are por- the Affordable Care Act in 2009, my one of our States, maybe with the idea tions that need to be preserved as well. first year on the Finance Committee, that Massachusetts could be the lab- We said: Let’s see if we can’t hit the we were trying to figure out what to oratory of democracy—to find out what pause button—kind of pivot—and sta- do. We proposed a lot of ideas to sort of works and do more of that—and that bilize the exchanges, first of all, then keep our eye on the ACA. The Afford- was what we did. do the fix, and do the repair that needs able Care Act was a way to just sort of We passed legislation that created done in the ACA. We would keep the pivot away from sick care, where we exchanges in all 50 States, and we had stuff that is really good and that ev- just spend money on people when they an individual mandate to encourage eryone says is good and move on. Let’s are sick, and do more to invest on how people to get coverage and incentivize not just do it as Republicans by them- we help people stay healthy through them but fine them if they did not. A selves or Democrats by themselves. We prevention and wellness, by doing lot of people say that we started too have tried that. Let’s try working to- screenings for colorectal cancer, breast slowly, as Massachusetts did not imple- gether. cancer, and prostate cancer, in ways ment it fast enough to get people Now we have a chance to do that, and that, if you take away the copays for signed up in the exchanges, but we people, like the Presiding Officer, who people and they can go ahead and get learned, maybe, from our mistakes. We have very good ideas will have a chance had the employer mandate, and we had the screenings, they save themselves a to present those ideas in hearings that the sliding sales tax credit in the Af- lot of money and a lot of pain and will be held by Senators LAMAR ALEX- fordable Care Act. maybe from dying, which otherwise ANDER and PATTY MURRAY right after Then we had the prohibitions against we come back here, just after the wouldn’t be the case. insurance companies that refused to There are a lot of aspects of the Af- Labor Day holiday. cover people because they had some fordable Care Act. We raised the eligi- I learned in our Finance Committee kind of preexisting condition. That was bility for folks for Medicaid. today that Chairman ORRIN HATCH and the part of the Affordable Care Act When I came back from Southeast Senator RON WYDEN, who is the senior that had its roots, really, in Heritage Asia in 1993, I went to business school Democrat on the committee, will also and Republican Senators—really good in Delaware and got an MBA. The next be holding a hearing or hearings on ones. Some of them are still here. year, I became State treasurer. I was how do we stabilize the exchanges and Somehow, this has turned out to be 29. At that time, I thought of Medicaid how do we, maybe, find some ways to that part of the Affordable Care Act as healthcare coverage for poor women improve on what we have done in the with the exchanges and so forth. It with children. At the time, that was Affordable Care Act. I can think of any ended up being called ObamaCare, pretty much what it was, but not number. I am sure that the Presiding which is really ironic because he did today. Officer can as well. not have anything to do with creating I do not leave here discouraged. This Almost two-thirds of the money we it. It was not his idea, but, somehow, it is a country about which people say: spend on Medicaid is for people who are has been deemed to be ObamaCare. It is You must be miserable serving in the in nursing homes—our parents, our the part of the Affordable Care Act U.S. Senate. grandparents, our aunts, our uncles. A that has been most attacked by our Re- I say: Oh, no, not at all. I am sort of lot of them are veterans. I think 2 mil- publican friends. It was their creation, energized by what has been going on, lion are veterans. We spend a lot of their suggestion, and now they want to not discouraged. money on Medicaid today to treat ad- get rid of it. A long time ago, we fought the Civil diction for heroin and opioids, and we We have had some tough debate here War. One hundred fifty years ago, we spend money on poor families, includ- in recent weeks, and the Senate has de- fought the Civil War. My friend here ing women and children, but the nature cided not to repeal that part of the Af- from Mississippi remembers that. I of the coverage has changed a whole fordable Care Act. I think that we are grew up in the last capital of the Con- lot. smart not to repeal it, but the idea is federacy—Danville, VA. I remember For many years, it has been a 50–50 to help make it work. One of the best that. One hundred fifty years ago, hun- yield. Largely, States pay 50 percent, ways is to sort of calm down the ex- dreds of thousands of people were and the Federal Government pays 50 changes—quit disrupting and desta- killed, maimed, or wounded. When it percent. We changed that in the Afford- bilizing the exchanges. When the Presi- was over, our President was assas- able Care Act because we wanted the dent says that we do not know if we are sinated, and his successor was im- States to cover more than just the peo- going to enforce the individual man- peached. ple up to 100 percent of poverty. The date or the subsidies that we provide Somehow, we got through that and Federal Government stepped in and for low-income people, who get their made it to the 20th century and fought, said to the States: If you would go coverage in the exchanges, to help not one, but two World Wars. We won along with this, we would like to cover cover their co-pays or deductibles— them both and led them both. We people from 100 percent to 135 percent they do not know if they are going to fought the Cold War—won it, led it. We of poverty. The Federal Government, keep doing that. They are basically led the world out of the Great Depres- at least for a while, would pay for that saying of the ObamaCare exchanges to sion and into the 21st century. marginal increase in coverage up to 135 just put them in a death spiral. Let The 21st century emerged, and the percent of poverty. It is a pretty good them just die. Then, maybe, the Demo- Sun came up that January day in 2001. deal for the States, and about 31 States crats will come to the table. America had the strongest economy on have signed up to do that. So a lot of I think all of that would be a huge Earth and the most productive work- people have coverage today who did not mistake. Most of the people would suf- force on Earth. We are a nation of have it before through Medicaid. fer. As a matter of fact, a lot of the peace. We had four balanced budgets in The other thing we did in writing the folks who voted for them are in rural a row. We had not balanced a budget Affordable Care Act was to take the States, and a lot of them are in red since 1968. Then we figured out how to idea that they have sort of glommed States around the country. I think it is do that four times in a row during the onto in Massachusetts with cruel, and I do not think it is very last 4 years of the Clinton administra- RomneyCare—which has its roots back smart. tion. In 2001, we were the most admired to the 1993 proposal from Heritage and Last Friday morning at 2 a.m., three Nation on Earth and the most admired that was proposed here in the Senate Republicans—LISA MURKOWSKI, of Alas- force for justice on Earth.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.054 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4809 I like to remind people that if we can I will close where I started, with the have access to perhaps life-enhancing get through the 150 years after the words of the late Senator Philip Hart, and lifesaving drugs. It is a real Civil War and end up where we were on of Michigan, who was admired by a lot achievement. I congratulate my col- January 1, 2001, we will get through of people here in this body before we league from Wisconsin and congratu- this as well. came here. He said these words: late the leadership facilitating this The last thing I would say is this: I leave as I arrived, understanding clearly breakthrough. When we come back, there is plenty to the complexity of the world into which we Moments later, the Senate passed a do. One of the things we have to do is were born and optimistic that if we give it companion bill authored by Senator deal with our financial plan, our budg- our best shot, we will come close to achiev- KLOBUCHAR and me known as the Bet- et, and figure out what to do with re- ing the goals set for us 200 years ago. ter Empowerment Now to Enhance spect to the debt ceiling. We will be Boy, those words ring true today, Framework and Improve Treatments coming back and holding the hearings don’t they? Act or the BENEFIT Act. This is an- that I described on the Affordable Care As we are about to leave, unlike our other win for patients—patients who Act and trying to stabilize the ex- friend Philip Hart, who left the Senate, deserve to have a voice in the drug ap- changes. We will begin to figure out those who serve today in the Senate proval process. This bill, which is a what we ought to do beyond stabilizing are going to come back in 4 weeks. My companion bill to the very important the exchanges and do it as Democrats hope is that when we come back, we Right to Try Act, will do that. and Republicans working together. will come back determined to work to- The BENEFIT Act calls for a simple When we passed Social Security, gether. That is what people want us to amendment to the Food, Drug, and Medicare, the Civil Rights Act, and the do. They want us to work together be- Cosmetic Act—one that could make a GI bill, those were not all Democratic cause, if we do, we will get a lot more big difference to patients whose lives ideas or all Republican ideas. Some of things done. may depend on a new therapy or drug. the best work we do is when we work My wife and I went to Africa and ac- Specifically, the Wicker-Klobuchar bill together. tually met up there with one of our would require the use of patient experi- We will also have the opportunity to sons and a friend of his two summers ence and patient-focused drug develop- tackle our Tax Code. We have a tax ago in August—2 years ago this Au- ment and related data in assessing the code that, in some cases, discourages gust. I learned more about Africa in, risk versus the benefit of these par- companies, especially larger compa- actually, a week to 10 days than I had ticular therapies. nies, from staying in the United States learned in all of my life. One of the The bill also includes information and continuing to do business here and things I learned was an African proverb from patient advocacy groups and aca- employing people here. In some cases, that some of you already know. It goes demic institutions. This is a small but we encourage them to look for other something like this: If you want to go important step forward. places around the world in which to lo- If signed into law—and I certainly fast, travel alone. If you want to go far, cate their businesses. We need to make hope the House passes it and I hope the travel together. sure we have a tax code that encour- President will sign it into law—this Think about that: If you want to go ages innovation and that encourages bill would greatly enhance the data fast, travel alone. If you want to go far, companies to expand and grow here. and information available to FDA travel together. My hope is that we can, especially on when reviewing drugs, when reviewing We have tried going it alone, and we the Finance Committee, really focus medical products, and when reviewing have not gotten that far. My hope is on that and work with our colleagues, therapies. It would also add to the that when we come back, we will travel work with the House, and work with progress Congress has made in recent together, and we will go a long, long the administration. years, reaffirming the importance of way and make everyone proud of us. I am a really optimistic person about patients’ perspectives in drug deci- I say again to my colleagues and the most things, but the last time we did sions—decisions that can have a pro- pages and our staffs, thank you for the comprehensive tax reform in this coun- found and lasting impact on the lives try was in 1986. At that time, we had good work that you have done. It is a of these patients. Ask any American Republican President Reagan, who was pleasure serving with all of you. who suffers from a disease or who is for it. He had a great Treasury Sec- I bid you adieu. Thank you. watching a loved one suffer, and they retary, Jim Baker, who was for it. Dan I yield the floor. will tell us that all information should Rostenkowski, the chairman of the The PRESIDING OFFICER. The Sen- be on the table when a breakthrough or Ways and Means Committee in the ator from Mississippi. a cure is at stake. House, was for it. Tip O’Neill, the f Last year, Senator KLOBUCHAR and I Democratic Speaker of the House, was BENEFIT ACT joined together to make the FDA’s use for it. We had Bob Packwood and Bill of patient perspectives more trans- Bradley, a Democrat and a Repub- Mr. WICKER. Mr. President, my es- parent with what we call the Patient- lican—brilliant people on the Finance teemed colleague from Delaware says Focused Impact Assessment Act. This Committee. They were for it, and it that we have plenty to do when we get was passed and was signed into law as still took 5 years to do it—really hard back, and he is, certainly, correct. I part of the 21st Century Cures Act. stuff. would join many of my colleagues The BENEFIT Act, passed by the We need to get serious about it, and today, though, in pointing out that in Senate today, would keep that momen- we need to get going. My hope is that the last 3 days, we have actually got- tum going, building on the progress we we will end up being revenue-neutral. ten substantial work done. Perhaps we have made. We could use some revenues, but I hope have crammed into 3 days what using Now, what progress have we made? it will be revenue-neutral. At the end the regular order and the filibuster and Let me tell my colleagues this. For of the day, I hope that what we do will the motions to proceed might have years, I have sought to find a cure for answer these four questions: Is it fair? taken 3 weeks otherwise. So the leader- the devastating, fatal disease known as Does it foster economic growth? Does ship on both sides of the aisle are to be Duchenne muscular dystrophy. I have it make the Tax Code less complex or commended for this burst of progress worked on this issue since my early more complex? Finally, how does it af- we have made, and I hope we can con- years in the House of Representatives. fect our fiscal situation—our budget tinue that when we get back. Young boys—almost all males—is situation? My hope is that we can keep Earlier today, this Congress passed a whom this affects. These young boys those questions in our minds as we for- significant piece of legislation offered face this fatal disease, and they know mulate tax reform and answer them in by the Senator who occupies the Chair, better than anyone what a drug can do an appropriate way. my good friend, Senator JOHNSON of to improve the quality of their lives. I see my colleague here with whom I Wisconsin. It is the Right to Try Act, Since the Congress passed and the serve on the Finance Committee and which seeks to streamline the way peo- President signed the MD-CARE Act on the Environment and Public Works ple who are willing to take a bit of a dealing with Duchenne muscular dys- Committee. He is waiting his turn, and chance on a drug in order to save their trophy more than 15 years ago, re- I have talked long enough. lives—streamline the way they can search has led to innovative therapies

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.056 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4810 CONGRESSIONAL RECORD — SENATE August 3, 2017 that have added a decade to the lives of Sec. 1. Short title; table of contents. cations and Information Administration Organi- these young boys. What an achieve- Sec. 2. Definitions. zation Act (47 U.S.C. 923(h)) for those incum- ment by scientists in America. What Sec. 3. Making 500 megahertz available. bent entities to be relocated to alternate spec- an achievement for the government to Sec. 4. Millimeter wave spectrum. trum. Sec. 5. 3 gigahertz spectrum. (3) NON-ELIGIBLE SPECTRUM.—For purposes of have unleashed cures and research in Sec. 6. Communications facilities deployment on satisfying the requirement under paragraph (1), this area. Federal property. the following spectrum shall not be counted: We need their voices heard, we need Sec. 7. Broadband infrastructure deployment. (A) The frequencies between 1695 and 1710 their stories heard, and we need the Sec. 8. National broadband facilities asset data- megahertz. voices of patients with other diseases base. (B) The frequencies between 1755 and 1780 heard. Sec. 9. Reallocation incentives. megahertz. I thank my colleagues in the Senate Sec. 10. Bidirectional sharing study. (C) The frequencies between 2155 and 2180 megahertz. for joining with us on a unanimous Sec. 11. Unlicensed services in guard bands. Sec. 12. Pre-auction funding. (D) The frequencies between 3550 and 3700 consent request to pass this legisla- Sec. 13. Immediate transfer of funds. megahertz. tion. I thank the leadership on this Sec. 14. Amendments to the Spectrum Pipeline (E) Spectrum that the Commission determines side of the aisle and our Democratic Act of 2015. had more than de minimis mobile or fixed wire- counterparts on the other side. Sec. 15. GAO assessment of unlicensed spectrum less broadband operations within the band on Particular appreciation goes to Sen- and Wi-Fi use in low-income the day before the date of enactment of this Act. ator ALEXANDER, the chairman of the neighborhoods. (4) RELOCATION PRIORITIZED OVER SHARING.— Sec. 16. Rulemaking related to partitioning or This section shall be carried out in accordance HELP Committee, and to Senator MUR- disaggregating licenses. with section 113(j) of the National Telecommuni- RAY, the ranking Democrat on the Sec. 17. Unlicensed spectrum policy. cations and Information Administration Organi- HELP Committee, for their valuable Sec. 18. National plan for unlicensed spectrum. zation Act (47 U.S.C. 923(j)). help. Appreciation goes to perhaps a Sec. 19. Spectrum challenge prize. (5) CONSIDERATIONS.—In making spectrum new attitude for the rest of the year in Sec. 20. Wireless telecommunications tax and available under this section, the Secretary and the Senate to join together with unani- fee collection fairness. Commission shall consider— mous consent and move bills and nomi- Sec. 21. Rules of construction. (A) the need to preserve critical existing and nations forward that have widespread Sec. 22. Relationship to Middle Class Tax Relief planned Federal Government capabilities; and Job Creation Act of 2012. (B) the impact on existing State, local, and support and consensus around the tribal government capabilities; country. SEC. 2. DEFINITIONS. In this Act: (C) the international implications; I congratulate the Presiding Officer, (D) the need for appropriate enforcement (1) APPROPRIATE COMMITTEES OF CONGRESS.— mechanisms and authorities; and the Senator from Wisconsin, on an out- The term ‘‘appropriate committees of Congress’’ (E) the importance of the deployment of wire- standing achievement, and I congratu- means— less broadband services in rural areas of the late the Senate for joining with Sen- (A) the Committee on Commerce, Science, and United States. ator KLOBUCHAR and me to help out in Transportation of the Senate; (b) RULES OF CONSTRUCTION.—Nothing in this (B) the Committee on Energy and Commerce another way. section shall be construed— Thank you. of the House of Representatives; and (1) to impair or otherwise affect the functions I yield the floor. (C) each committee of the Senate or of the of the Director of OMB relating to budgetary, I suggest the absence of a quorum. House of Representatives with jurisdiction over administrative, or legislative proposals; The PRESIDING OFFICER. The a Federal entity affected by the applicable sec- (2) to require the disclosure of classified infor- clerk will call the roll. tion in which the term appears. mation, law enforcement sensitive information, (2) COMMISSION.—The term ‘‘Commission’’ or other information that must be protected in The senior assistant legislative clerk means the Federal Communications Commission. proceeded to call the roll. the interest of national security; or (3) FEDERAL ENTITY.—The term ‘‘Federal enti- (3) to affect any requirement under section 156 Mr. WICKER. Mr. President, I ask ty’’ has the meaning given the term in section unanimous consent that the order for of the National Telecommunications and Infor- 113(l) of the National Telecommunications and mation Administration Organization Act (47 the quorum call be rescinded. Information Administration Organization Act U.S.C. 921 note), as added by section 1062(a) of The PRESIDING OFFICER. Without (47 U.S.C. 923(l)). the National Defense Authorization Act for Fis- objection, it is so ordered. (4) NTIA.—The term ‘‘NTIA’’ means the Na- cal Year 2000, or any other relevant statutory tional Telecommunications and Information Ad- f requirement applicable to the reallocation of ministration of the Department of Commerce. Federal spectrum. MAKING OPPORTUNITIES FOR (5) OMB.—The term ‘‘OMB’’ means the Office SEC. 4. MILLIMETER WAVE SPECTRUM. of Management and Budget. BROADBAND INVESTMENT AND (a) FEASIBILITY ASSESSMENT.—Not later than (6) SECRETARY.—The term ‘‘Secretary’’ means LIMITING EXCESSIVE AND NEED- 18 months after the date of enactment of this the Secretary of Commerce. LESS OBSTACLES TO WIRELESS Act, the NTIA, in consultation with the Com- ACT SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE. mission, shall conduct a feasibility assessment (a) REQUIREMENTS.— Mr. WICKER. Mr. President, I ask regarding the impact, on Federal entities and (1) IN GENERAL.—Consistent with the Presi- operations in any of the following bands, of au- unanimous consent that the Senate dential Memorandum of June 28, 2010, entitled thorizing mobile or fixed terrestrial wireless op- proceed to the immediate consider- ‘‘Unleashing the Wireless Broadband Revolu- erations, including for advanced mobile service ation of Calendar No. 17, S. 19. tion’’ and establishing a goal of making a total operations, in the following bands: The PRESIDING OFFICER. The of 500 megahertz of Federal and non-Federal (1) The band between 31800 and 33400 mega- clerk will report the bill by title. spectrum available on a licensed or unlicensed hertz. The senior assistant legislative clerk basis for wireless broadband use by 2020, not (2) The band between 71000 and 76000 mega- later than December 31, 2020, the Secretary, read as follows: hertz. working through the NTIA, and the Commission (3) The band between 81000 and 86000 mega- A bill (S. 19) to provide opportunities for shall make available a total of at least 255 megahertz. broadband investment, and for other pur- hertz of Federal and non-Federal spectrum (b) REQUIREMENTS.—In conducting the feasi- poses. below the frequency of 6000 megahertz for mobility assessment under subsection (a), the NTIA There being no objection, the Senate bile and fixed wireless broadband use. shall— proceeded to consider the bill, which (2) UNLICENSED AND LICENSED USE.—Of the (1) consult directly with Federal entities with had been reported from the Committee spectrum made available under paragraph (1), respect to frequencies allocated to Federal use on Commerce, Science, and Transpor- not less than— by such entities in the bands identified in that (A) 100 megahertz shall be made available on subsection; tation, with an amendment to strike an unlicensed basis; and (2) consider what, if any, impact authorizing all after the enacting clause and insert (B) 100 megahertz shall be made available on mobile or fixed terrestrial wireless operations, in lieu thereof the following: an exclusive, licensed basis for commercial mo- including advanced mobile services operations, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bile use, pursuant to the Commission’s authority in any of such frequencies would have on an af- (a) SHORT TITLE.—This Act may be cited as to implement such licensing in a flexible man- fected Federal entity; and the ‘‘Making Opportunities for Broadband In- ner, and subject to potential continued use of (3) identify any such frequencies in the bands vestment and Limiting Excessive and Needless such spectrum by incumbent Federal entities in described in that subsection that the NTIA as- Obstacles to Wireless Act’’ or the ‘‘MOBILE designated geographic areas indefinitely or for sessment determines are feasible for authorizing NOW Act’’. such length of time stipulated in transition for mobile or fixed terrestrial wireless oper- (b) TABLE OF CONTENTS.—The table of con- plans approved by the Technical Panel under ations, including any advanced mobile service tents of this Act is as follows: section 113(h) of the National Telecommuni- operations.

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(c) REPORT TO CONGRESS AND THE COMMIS- (3) The criteria that may be necessary to en- ‘‘(ii) notify the applicant of the grant or de- SION.—Not later than 30 days after the date the sure shared licensed or unlicensed services nial. feasibility assessment under subsection (a) is would not cause harmful interference to Federal ‘‘(B) EXPLANATION OF DENIAL.—If an execu- complete, the NTIA shall submit to the appro- or non-Federal users already operating in the tive agency denies an application under sub- priate committees of Congress a report on the frequencies described in that subsection. paragraph (A), the executive agency shall notify feasibility assessment and provide a copy to the (4) If such sharing is feasible, an identifica- the applicant in writing, including a clear state- Commission. tion of which of the frequencies described in ment of the reasons for the denial. (d) FCC PROCEEDING.—Not later than 2 years that subsection are most suitable for sharing ‘‘(C) APPLICABILITY OF ENVIRONMENTAL after the date of enactment of this Act or 90 with commercial wireless services through the LAWS.—Nothing in this paragraph shall be con- days after the date it receives the feasibility as- assignment of new licenses by competitive bid- strued to relieve an executive agency of the re- sessment under subsection (c), whichever is ear- ding, for sharing with unlicensed operations, or quirements of division A of subtitle III of title lier, the Commission, in consultation with the through a combination of licensing and unli- 54, United States Code, or the National Environ- NTIA, shall publish a notice of proposed rule- censed operations. mental Policy Act of 1969 (42 U.S.C. 4321 et making to consider service rules to authorize (d) COMMISSION ACTION.—The Commission, in seq.). mobile or fixed terrestrial wireless operations, consultation with the NTIA, shall seek public ‘‘(D) POINT OF CONTACT.—Upon receiving an including for advanced mobile service oper- comment on the reports required under sub- application under subparagraph (A), an execu- ations, in the following radio frequency bands: sections (a) and (b), including regarding the tive agency shall designate one or more appro- (1) The band between 24250 and 24450 mega- bands identified in such reports as feasible pur- priate individuals within the executive agency hertz. suant to subsection (c)(4). to act as a point of contact with the applicant. ‘‘(c) MASTER CONTRACTS FOR COMMUNICA- (2) The band between 25050 and 25250 mega- SEC. 6. COMMUNICATIONS FACILITIES DEPLOY- TIONS FACILITY INSTALLATION SITINGS.— hertz. MENT ON FEDERAL PROPERTY. ‘‘(1) IN GENERAL.—Notwithstanding section (3) The band between 31800 and 33400 mega- (a) IN GENERAL.—Section 6409 of the Middle 704 of the Telecommunications Act of 1996 (Pub- hertz, except for any frequencies with Federal Class Tax Relief and Job Creation Act of 2012 lic Law 104–104; 110 Stat. 151) or any other pro- allocations. (47 U.S.C. 1455) is amended by striking sub- vision of law, the Administrator of General (4) The band between 42000 and 42500 mega- sections (b), (c), and (d) and inserting the fol- Services shall— hertz. lowing: ‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, ‘‘(A) develop one or more master contracts (5) The band between 71000 and 76000 mega- AND LEASES.— that shall govern the placement of communica- hertz, except for any frequencies with Federal ‘‘(1) GRANT.—If an executive agency, a State, tions facility installations on buildings and allocations. a political subdivision or agency of a State, or other property owned by the Federal Govern- (6) The band between 81000 and 86000 mega- a person, firm, or organization applies for the ment; and hertz, except for any frequencies with Federal grant of an easement, right-of-way, or lease to, ‘‘(B) in developing the master contract or con- allocations. in, over, or on a building or other property tracts, standardize the treatment of the place- (7) Any frequencies with Federal allocations owned by the Federal Government for the right ment of communications facility installations on identified as feasible under subsection (b)(3). to install, construct, modify, or maintain a com- building rooftops or facades, the placement of (e) CONSIDERATIONS.—In conducting a rule- munications facility installation, the executive communications facility installations on roof- making under subsection (d), the Commission agency having control of the building or other tops or inside buildings, the technology used in shall— property may grant to the applicant, on behalf connection with communications facility instal- (1) consult with Federal entities via the NTIA of the Federal Government, subject to para- lations placed on Federal buildings and other regarding the frequencies described in sub- graph (5), an easement, right-of-way, or lease to property, and any other key issues the Adminis- section (d)(7); perform such installation, construction, modi- trator of General Services considers appropriate. (2) consider how the bands described in sub- fication, or maintenance. ‘‘(2) APPLICABILITY.—The master contract or section (d) may be used to provide commercial ‘‘(2) APPLICATION.— contracts developed by the Administrator of wireless broadband service, including whether— ‘‘(A) IN GENERAL.—The Administrator of Gen- General Services under paragraph (1) shall (A) such spectrum may be best used for li- eral Services shall develop a common form for apply to all publicly accessible buildings and censed or unlicensed services, or some combina- applications for easements, rights-of-way, and other property owned by the Federal Govern- tion thereof; and leases under paragraph (1) for all executive ment, unless the Administrator of General Serv- (B) to permit additional licensed operations in agencies that, except as provided in subpara- ices decides that issues with respect to the siting such bands on a shared basis; and graph (B), shall be used by all executive agen- of a communications facility installation on a (3) include technical characteristics under cies and applicants with respect to the buildings specific building or other property warrant non- which the bands described in subsection (d) may or other property of each such agency. standard treatment of such building or other be employed for mobile or fixed terrestrial wire- ‘‘(B) EXCEPTION.—The requirement under sub- property. less operations, including any appropriate coex- paragraph (A) for an executive agency to use ‘‘(3) APPLICATION.— istence requirements. the common form developed by the Adminis- ‘‘(A) IN GENERAL.—The Administrator of Gen- SEC. 5. 3 GIGAHERTZ SPECTRUM. trator of General Services shall not apply to an eral Services shall develop a common form or set (a) BETWEEN 3100 MEGAHERTZ AND 3550 MEGA- executive agency if the head of an executive of forms for communications facility installation HERTZ.—Not later than 18 months after the date agency notifies the Administrator that the exec- siting applications that, except as provided in of enactment of this Act, and in consultation utive agency uses a substantially similar appli- subparagraph (B), shall be used by all executive with the Commission and the head of each af- cation. agencies and applicants with respect to the fected Federal agency (or a designee thereof), ‘‘(3) FEE.— buildings and other property of each such agen- the Secretary shall submit to the Commission ‘‘(A) IN GENERAL.—Notwithstanding any other cy. and the appropriate committees of Congress a provision of law, the Administrator of General ‘‘(B) EXCEPTION.—The requirement under sub- report evaluating the feasibility of allowing Services shall establish a fee for the grant of an paragraph (A) for an executive agency to use commercial wireless services, licensed or unli- easement, right-of-way, or lease pursuant to the common form or set of forms developed by censed, to share use of the frequencies between paragraph (1) that is based on direct cost recov- the Administrator of General Services shall not 3100 megahertz and 3550 megahertz. ery. apply to an executive agency if the head of the ‘‘(B) EXCEPTIONS.—The Administrator of Gen- executive agency notifies the Administrator that (b) BETWEEN 3700 MEGAHERTZ AND 4200 MEGA- eral Services may establish exceptions to the fee the executive agency uses a substantially similar HERTZ.—Not later than 18 months after the date of enactment of this Act, after notice and an op- amount required under subparagraph (A)— application. ‘‘(i) in consideration of the public benefit pro- ‘‘(d) DEFINITIONS.—In this section: portunity for public comment, and in consulta- vided by a grant of an easement, right-of-way, ‘‘(1) COMMUNICATIONS FACILITY INSTALLA- tion with the Secretary and the head of each af- or lease; and TION.—The term ‘communications facility instal- fected Federal agency (or a designee thereof), ‘‘(ii) in the interest of expanding wireless and lation’ includes— the Commission shall submit to the Secretary broadband coverage. ‘‘(A) any infrastructure, including any trans- and the appropriate committees of Congress a ‘‘(4) USE OF FEES COLLECTED.—Any fee mitting device, tower, or support structure, and report evaluating the feasibility of allowing amounts collected by an executive agency pur- any equipment, switches, wiring, cabling, power commercial wireless services, licensed or unli- suant to paragraph (3) may be made available, sources, shelters, or cabinets, associated with censed, to share use of the frequencies between as provided in appropriations Acts, to such the licensed or permitted unlicensed wireless or 3700 megahertz and 4200 megahertz. agency to cover the costs of granting the ease- wireline transmission of writings, signs, signals, (c) REQUIREMENTS.—A report under sub- ment, right-of-way, or lease. data, images, pictures, and sounds of all kinds; section (a) or (b) shall include the following: ‘‘(5) TIMELY CONSIDERATION OF APPLICA- and (1) An assessment of the operations of Federal TIONS.— ‘‘(B) any antenna or apparatus that— entities that operate Federal Government sta- ‘‘(A) IN GENERAL.—Not later than 270 days ‘‘(i) is designed for the purpose of emitting tions authorized to use the frequencies described after the date on which an executive agency re- radio frequency; in that subsection. ceives a duly filed application for an easement, ‘‘(ii) is designed to be operated, or is oper- (2) An assessment of the possible impacts of right-of-way, or lease under this subsection, the ating, from a fixed location pursuant to author- such sharing on Federal and non-Federal users executive agency shall— ization by the Commission or is using duly au- already operating on the frequencies described ‘‘(i) grant or deny, on behalf of the Federal thorized devices that do not require individual in that subsection. Government, the application; and licenses; and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0637 Sfmt 6333 E:\CR\FM\A03AU6.062 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4812 CONGRESSIONAL RECORD — SENATE August 3, 2017 ‘‘(iii) is added to a tower, building, or other ernmental agency that is recognized by the exec- data, images, pictures, and sounds of all kinds; structure. utive branch of the State as having the experi- and ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive ence necessary to evaluate and carry out (B) any antenna or apparatus that— agency’ has the meaning given such term in sec- projects relating to the proper and effective in- (i) is designed for the purpose of emitting tion 102 of title 40, United States Code.’’. stallation and operation of broadband infra- radio frequency; (b) SAVINGS PROVISION.—An application for structure. (ii) is designed to be operated, or is operating, an easement, right-of-way, or lease that was (2) BROADBAND INFRASTRUCTURE.—The term from a fixed location pursuant to authorization made or granted under section 6409 of the Mid- ‘‘broadband infrastructure’’ means any buried, by the Commission or is using duly authorized dle Class Tax Relief and Job Creation Act of underground, or aerial facility, and any wire- devices that do not require individual licenses; 2012 (47 U.S.C. 1455) before the date of enact- less or wireline connection, that enables users to and ment of this Act shall continue, subject to that send and receive voice, video, data, graphics, or (iii) is added to a tower, building, or other section as in effect on the day before such date any combination thereof. structure. of enactment. (3) BROADBAND INFRASTRUCTURE ENTITY.—The (2) COVERED PROPERTY.—The term ‘‘covered (c) STREAMLINING BROADBAND FACILITY AP- term ‘‘broadband infrastructure entity’’ means property’’— PLICATIONS.— any entity that— (A) means any real property capable of sup- (1) DEFINITION OF COMMUNICATIONS FACILITY (A) installs, owns, or operates broadband in- porting a communications facility installation; INSTALLATION.—In this subsection, the term frastructure; and and ‘‘communications facility installation’’ has the (B) provides broadband services in a manner (B) includes any interest in real property de- meaning given the term in section 6409(d) of the consistent with the public interest, convenience, scribed in subparagraph (A). Middle Class Tax Relief and Job Creation Act of and necessity, as determined by the State. (3) DATABASE.—The term ‘‘database’’ means 2012 (47 U.S.C. 1455(d)), as amended by sub- (4) STATE.—The term ‘‘State’’ means— the database established under subsection (b). section (a). (A) a State; (4) EXECUTIVE AGENCY.—The term ‘‘Executive (2) RECOMMENDATIONS.— (B) the District of Columbia; and agency’’ has the meaning given the term in sec- (A) IN GENERAL.—Not later than 2 years after (C) the Commonwealth of Puerto Rico. tion 105 of title 5, United States Code. the date of enactment of this Act, the NTIA, in (c) BROADBAND INFRASTRUCTURE DEPLOY- (b) DATABASE ESTABLISHED.—Not later than coordination with the Department of the Inte- MENT.—To facilitate the installation of June 30, 2018, the Director of the Office of rior, the Department of Agriculture, the Depart- broadband infrastructure and achieve the policy Science and Technology Policy, in consultation ment of Defense, the Department of Transpor- described in subsection (a), the Secretary of with the Chairman of the Commission, Assistant tation, OMB, and the General Services Adminis- Transportation shall ensure that each State Secretary of Commerce for Communications and tration, shall develop recommendations to that receives funds under chapter 1 of title 23, Information, Under Secretary of Commerce for streamline the process for considering applica- United States Code, meets the following require- Standards and Technology, Administrator of tions by those agencies under section 6409(b) of ments: General Services, and Director of OMB, shall— the Middle Class Tax Relief and Job Creation (1) BROADBAND CONSULTATION.—The State de- (1) establish and operate a single database of Act of 2012 (47 U.S.C. 1455(b)), as amended by partment of transportation, in consultation with any covered property that is owned, leased, or subsection (a). appropriate State agencies, shall— otherwise managed by an Executive agency; (B) REQUIREMENTS FOR RECOMMENDATIONS.— (A) identify a broadband utility coordinator, (2) make the database available to— The recommendations developed under subpara- that may have additional responsibilities, (A) any entity that— graph (A) shall include— whether in the State department of transpor- (i) constructs or operates communications fa- (i) procedures for the tracking of applications tation or in another State agency, that is re- cility installations; or described in subparagraph (A); sponsible for facilitating the broadband infra- (ii) provides communications service; and (ii) methods by which to reduce the amount of structure right-of-way efforts within the State; (B) any other entity that the Director of the time between the receipt of an application and (B) establish a process for the registration of Office of Science and Technology Policy deter- the issuance of a final decision on an applica- broadband infrastructure entities that seek to be mines is appropriate; and tion; included in those broadband infrastructure (3) establish a process for withholding data (iii) policies to expedite renewals of an ease- right-of-way facilitation efforts within the from the database for national security, public ment, license, or other authorization to locate State; safety, or other national strategic concerns in communications facility installations on land (C) establish a process to electronically notify accordance with existing statutory authority managed by the agencies described in subpara- broadband infrastructure entities identified and Executive order mandates with respect to graph (A); and under subparagraph (B) of the State transpor- handling and protection of such information. (iv) policies that would prioritize or streamline tation improvement program on an annual basis (c) PUBLIC COMMENT.— a permit for construction in a previously-dis- and provide additional notifications as nec- (1) IN GENERAL.—Not later than 30 days after turbed right-of-way. essary to achieve the goals of this section; and the date of enactment of this Act, the Director (C) REPORT TO CONGRESS.—Not later than 2 (D) coordinate initiatives carried out under of the Office of Science and Technology Policy years after the date on which the recommenda- this section with other statewide telecommuni- shall seek public comment to inform the estab- tions required under subparagraph (A) are de- cation and broadband plans and State and local lishment and operation of the database. veloped, the NTIA shall submit to the Committee transportation and land use plans, including (2) CONTENTS.—In seeking public comment on Commerce, Science, and Transportation of strategies to minimize repeated excavations that under paragraph (1), the Director shall include the Senate and the Committee on Energy and involve the installation of broadband infrastruc- a request for recommendations on— Commerce of the House of Representatives a re- ture in a right-of-way. (A) criteria that make real property capable of port that describes— (2) PRIORITY.—If a State chooses to provide (i) the status of the implementation of the rec- supporting communications facility installa- for the installation of broadband infrastructure ommendations developed under subparagraph tions; in the right-of-way of an applicable Federal-aid (B) types of information related to covered (A); and (ii) any improvements to the process for con- highway project under this subsection, the State property that should be included in the data- sidering applications described in subparagraph department of transportation shall carry out base; (A) that have resulted from those recommenda- any appropriate measures to ensure that any (C) an interface by which accessibility to the tions, including in particular the speed at which existing broadband infrastructure entities are database for all users will be appropriately effi- such applications are reviewed and a final de- not disadvantaged, as compared to other cient and secure; and termination is issued. broadband infrastructure entities, with respect (D) other information the Director determines to the program under this subsection. necessary to establish and operate the database. SEC. 7. BROADBAND INFRASTRUCTURE DEPLOY- (d) EFFECT OF SECTION.—This section applies EDERAL GENCIES MENT. (d) F A .— only to activities for which obligations or ex- (1) INITIAL PROVISION OF INFORMATION.—Not (a) FINDING REGARDING FEDERAL AND STATE penditures are initially approved on or after the later than 90 days after the date on which the DEPARTMENTS OF TRANSPORTATION.—Congress finds that it is the policy of the United States date of enactment of this Act. Nothing in this database is established under subsection (b), the for the Department of Transportation and State section establishes a mandate or requirement head of an Executive agency shall provide to departments of transportation— that a State install broadband infrastructure in the Director of the Office of Science and Tech- (1) to adjust or otherwise develop right-of-way a highway right-of-way. nology Policy, in a manner and format to be de- policies for Federal-aid highways to effectively SEC. 8. NATIONAL BROADBAND FACILITIES ASSET termined by the Director, such information as accommodate broadband infrastructure; DATABASE. the Director determines appropriate with respect (2) to allow for the safe and efficient accom- (a) DEFINITIONS.—In this section: to covered property owned, leased, or otherwise modation of broadband infrastructure in the (1) COMMUNICATIONS FACILITY INSTALLA- managed by the Executive agency. public right-of-way; and TION.—The term ‘‘communications facility in- (2) CHANGE TO INFORMATION PREVIOUSLY PRO- (3) to the extent applicable, to coordinate with stallation’’ includes— VIDED.—In the case of any change to informa- other statewide telecommunication and (A) any infrastructure, including any trans- tion provided to the Director of the Office of broadband plans when developing a statewide mitting device, tower, or support structure, and Science and Technology Policy by the head of transportation improvement program. any equipment, switches, wiring, cabling, power an Executive agency under paragraph (1), the (b) DEFINITIONS.—In this section: sources, shelters, or cabinets, associated with head of the Executive agency shall provide up- (1) APPROPRIATE STATE AGENCY.—The term the licensed or permitted unlicensed wireless or dated information to the Director not later than ‘‘appropriate State agency’’ means a State gov- wireline transmission of writings, signs, signals, 30 days after the date of the change.

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(3) SUBSEQUENTLY ACQUIRED PROPERTY.—If lishing the database under this section. The Di- to make longer-term investment decisions for an Executive agency acquires covered property rector shall update the report annually until the shared access to be viable; and after the date on which the database is estab- date that the database is fully operational. (2) evaluate any barriers to voluntary com- lished under subsection (b), the head of the Ex- After the database is fully operational and for mercial arrangements in which non-Federal ecutive agency shall provide to the Director of the next 5 years thereafter, the Director shall users could provide access to Federal entities. the Office of Science and Technology Policy the provide annual reports regarding the use of the SEC. 11. UNLICENSED SERVICES IN GUARD information required under paragraph (1) with database, recommendations of how the database BANDS. respect to the covered property not later than 30 may provide additional utility to the entities de- (a) IN GENERAL.—After public notice and com- days after the date of the acquisition. scribed in subsection (b)(2), if any recommenda- ment, and in consultation with the Secretary (e) STATE AND LOCAL GOVERNMENTS.— tions are warranted, and how previous rec- and the head of each affected Federal agency (1) IN GENERAL.—The Director of the Office of ommendations have been implemented. (or a designee thereof), with respect to fre- Science and Technology Policy (referred to in SEC. 9. REALLOCATION INCENTIVES. quencies allocated for Federal use, the Commis- sion shall adopt rules that permit unlicensed this subsection as the ‘‘Director’’) shall make (a) IN GENERAL.—Not later than 18 months the database available to State and local gov- after the date of enactment of this Act, the Sec- services where feasible to use any frequencies ernments so that such governments may provide retary, in consultation with the Commission, the that are designated as guard bands to protect to the Director for inclusion in the database Director of OMB, and the head of each affected frequencies allocated after the date of enact- similar information to the information required Federal agency (or a designee thereof), after no- ment of this Act by competitive bidding under section 309(j) of the Communications Act of 1934 under subsection (d)(1) regarding covered prop- tice and an opportunity for public comment, (47 U.S.C. 309(j)), including spectrum that acts erty owned, leased, or otherwise managed by shall submit to the appropriate committees of as a duplex gap between transmit and receive such governments. Congress a report that includes legislative or frequencies. (2) REPORT ON INCENTIVIZING PARTICIPATION regulatory recommendations to incentivize a (b) LIMITATION.—The Commission may not BY STATE AND LOCAL GOVERNMENTS.— Federal entity to relinquish, or share with Fed- (A) IN GENERAL.—Not later than 1 year after permit any use of a guard band under this sec- eral or non-Federal users, Federal spectrum for tion that would cause harmful interference to a the date of enactment of this Act, the Director, the purpose of allowing commercial wireless in consultation with the Chairman of the Com- licensed service or a Federal service operating in broadband services to operate on that Federal the guard band or in an adjacent band. mission, the Assistant Secretary of Commerce for spectrum. Communications and Information, the Under (c) RULE OF CONSTRUCTION.—Nothing in this (b) POST-AUCTION PAYMENTS.— section shall be construed as limiting the Com- Secretary of Commerce for Standards and Tech- (1) REPORT.—In preparing the report under nology, the Administrator of General Services, mission or the Secretary from otherwise making subsection (a), the Secretary shall— spectrum available for licensed or unlicensed use and the Director of OMB, shall submit to the (A) consider whether permitting eligible Fed- in any frequency band in addition to guard Committee on Commerce, Science, and Transpor- eral entities that are implementing a transition bands, including under section 3, consistent tation of the Senate and the Committee on En- plan submitted under section 113(h) of the Na- with their statutory jurisdictions. ergy and Commerce of the House of Representa- tional Telecommunications and Information Ad- SEC. 12. PRE-AUCTION FUNDING. tives a report on potential ways to incentivize ministration Organization Act (47 U.S.C. 923(h)) Section 118(d)(3)(B)(i)(II) of the National State and local governments to provide to the to accept payments could result in access to the Director for inclusion in the database similar in- Telecommunications and Information Adminis- eligible frequencies that are being reallocated tration Organization Act (47 U.S.C. formation to the information required under for exclusive non-Federal use or shared use 928(d)(3)(B)(i)(II)) is amended by striking ‘‘5 subsection (d)(1) regarding covered property sooner than would otherwise occur without years’’ and inserting ‘‘8 years’’. owned, leased, or otherwise managed by such such payments; and governments pursuant to paragraph (1) of this (B) include the findings under subparagraph SEC. 13. IMMEDIATE TRANSFER OF FUNDS. Section 118(e)(1) of the National Telecommuni- subsection or through other means. (A), including the analysis under paragraph (2) cations and Information Administration Organi- (B) CONSIDERATIONS.—The Director, in pre- and any recommendations for legislation, in the zation Act (47 U.S.C. 928(e)(1)) is amended by paring the report under subparagraph (A), report. adding at the end the following: shall— (2) ANALYSIS.—In considering payments under ‘‘(D) At the request of an eligible Federal enti- (i) consult with State and local governments, paragraph (1)(A), the Secretary shall conduct ty, the Director of the Office of Management or their representatives, to identify for inclusion an analysis of whether and how such payments and Budget (in this subsection referred to as in the report the most cost-effective options for would affect— ‘OMB’) may transfer the amount under sub- State and local governments to collect and pro- (A) bidding in auctions conducted under sec- paragraph (A) immediately— vide the information described in subparagraph tion 309(j) of the Communications Act of 1934 (47 ‘‘(i) after the frequencies are reallocated by (A), including utilizing and leveraging State U.S.C. 309(j)) of such eligible frequencies; and competitive bidding under section 309(j) of the (B) receipts collected from the auctions de- broadband initiatives and programs; and Communications Act of 1934 (47 U.S.C. 309(j)); (ii) make recommendations on ways the Fed- scribed in subparagraph (A). or eral Government can assist State and local gov- (3) DEFINITIONS.—In this subsection: ‘‘(ii) in the case of an incumbent Federal enti- (A) PAYMENT.—The term ‘‘payment’’ means a ernments in collecting and providing the infor- ty that is incurring relocation or sharing costs payment in cash or in-kind by any auction win- mation described in subparagraph (A). to accommodate sharing spectrum frequencies ner, or any person affiliated with an auction (C) REPORT UPDATE.—Not later than 2 years with another Federal entity, after the fre- after the date on which the database is estab- winner, of eligible frequencies during the period quencies from which the other eligible Federal lished under this section, the Director shall sub- after eligible frequencies have been reallocated entity is relocating are reallocated by competi- mit to the Committee on Commerce, Science, and by competitive bidding under section 309(j) of tive bidding under section 309(j) of the Commu- Transportation of the Senate and the Committee the Communications Act of 1934 (47 U.S.C. nications Act of 1934 (47 U.S.C. 309(j)), without on Energy and Commerce of the House of Rep- 309(j)) but prior to the completion of relocation regard to the availability of such sums in the resentatives an update to the report required or sharing transition of such eligible frequencies Fund. under subparagraph (A) that identifies State per transition plans approved by the Technical ‘‘(E) Prior to the deposit of proceeds into the and local governments that have contributed to Panel. Fund from an auction, the Director of OMB the database and recommends ways to further (B) ELIGIBLE FREQUENCIES.—The term ‘‘eligi- may borrow from the Treasury the amount incentivize participation by State and local gov- ble frequencies’’ has the meaning given the term under subparagraph (A) for a transfer under ernments pursuant to paragraph (1) of this sub- in section 113(g)(2) of the National Tele- subparagraph (D). The Treasury shall imme- section or through other means. communications and Information Administra- diately be reimbursed, without interest, from (f) DATABASE UPDATES.— tion Organization Act (47 U.S.C. 923(g)(2)). funds deposited into the Fund.’’. (1) TIMELY INCLUSION.—After the establish- SEC. 10. BIDIRECTIONAL SHARING STUDY. SEC. 14. AMENDMENTS TO THE SPECTRUM PIPE- ment of the database, the Director of the Office (a) IN GENERAL.—Not later than 1 year after LINE ACT OF 2015. of Science and Technology Policy shall ensure the date of enactment of this Act, including an Section 1008 of the Spectrum Pipeline Act of that information provided under subsection (d) opportunity for public comment, the Commis- 2015 (Public Law 114–74; 129 Stat. 584) is amend- or (e) is included in the database not later than sion, in collaboration with the NTIA, shall— ed in the matter preceding paragraph (1) by in- 7 days after the date on which the Director re- (1) conduct a bidirectional sharing study to serting ‘‘, after notice and an opportunity for ceives the information. determine the best means of providing Federal public comment,’’ after ‘‘the Commission’’. (2) DATE OF ADDITION OR UPDATE.—Informa- entities flexible access to non-Federal spectrum SEC. 15. GAO ASSESSMENT OF UNLICENSED SPEC- tion in the database relating to covered property on a shared basis across a range of short-, mid- TRUM AND WI-FI USE IN LOW-IN- shall include the date on which the information , and long-range timeframes, including for inter- COME NEIGHBORHOODS. was added or most recently updated. mittent purposes like emergency use; and (a) STUDY.— (g) REPORT.—Not later than 180 days after the (2) submit to Congress a report on the study (1) IN GENERAL.—The Comptroller General of date the Director of the Office of Science and under paragraph (1), including any rec- the United States shall conduct a study to Technology Policy seeks public comment under ommendations for legislation or proposed regu- evaluate the availability of broadband Internet subsection (c)(1), the Director shall submit to lations. access using unlicensed spectrum and wireless the Committee on Commerce, Science, and (b) CONSIDERATIONS.—In conducting the study networks in low-income neighborhoods. Transportation of the Senate and the Committee under subsection (a), the Commission shall— (2) REQUIREMENTS.—In conducting the study on Energy and Commerce of the House of Rep- (1) consider the regulatory certainty that com- under paragraph (1), the Comptroller General resentatives a report on the progress in estab- mercial spectrum users and Federal entities need shall consider and evaluate—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0637 Sfmt 6333 E:\CR\FM\A03AU6.062 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4814 CONGRESSIONAL RECORD — SENATE August 3, 2017 (A) the availability of wireless Internet hot the program to build out the spectrum in a rea- (A) are consistent with the statement of policy spots and access to unlicensed spectrum in low- sonable period of time; under section 18(a); income neighborhoods, particularly for elemen- (C) what incentives may be appropriate to en- (B) will— tary and secondary school-aged children in courage licensees to lease or sell spectrum, in- (i) expand opportunities for unlicensed oper- such neighborhoods; cluding— ations in a spectrum band; or (B) any barriers preventing or limiting the de- (i) extending the term of a license granted (ii) otherwise improve spectrum utilization ployment and use of wireless networks in low- under section 301 of the Communications Act of and intensity of use of bands where unlicensed income neighborhoods; 1934 (47 U.S.C. 301); or operations are already permitted; (C) how to overcome any barriers described in (ii) modifying performance requirements of the (C) will not cause harmful interference to subparagraph (B), including through incentives, license relating to the leased or sold spectrum; Federal or non-Federal users of such bands; and policies, or requirements that would increase the and (D) will not significantly impact homeland se- availability of unlicensed spectrum and related (D) the administrative feasibility of— curity or national security communications sys- technologies in low-income neighborhoods; and (i) the incentives described in subparagraph tems; and (D) how to encourage home broadband adop- (C); and (3) examine additional ways, with respect to tion by households with elementary and sec- (ii) other incentives considered by the Commis- existing and planned databases or spectrum ac- ondary school-age children that are in low-in- sion that further the goals of this section. cess systems designed to promote spectrum shar- come neighborhoods. (3) FORFEITURE OF SPECTRUM.—If a party ing and access to spectrum for unlicensed oper- (b) REPORT.—Not later than 1 year after the fails to meet any build out requirements set by ations— date of enactment of this Act, the Comptroller the Commission for any spectrum sold or leased (A) to improve accuracy and efficacy; General shall submit to the Committee on Com- under this section, the right to the spectrum (B) to reduce burdens on consumers, manufac- merce, Science, and Transportation of the Sen- shall be forfeited to the Commission unless the turers, and service providers; and ate and the Committee on Energy and Commerce Commission finds that there is good cause for (C) to protect sensitive Government informa- of the House of Representatives a report that— the failure of the party. tion. (1) summarizes the findings of the study con- (4) REQUIREMENT.—The Commission may offer (d) SPECTRUM RELOCATION FUND.—To be in- ducted under subsection (a); and a licensee incentives or reduced performance re- cluded as part of the plan developed under this (2) makes recommendations with respect to po- quirements under this section only if the Com- section, the NTIA shall share with the Commis- tential incentives, policies, and requirements mission finds that doing so would likely result sion recommendations about how to reform the that could help achieve the goals described in in increased availability of advanced tele- Spectrum Relocation Fund— subparagraphs (C) and (D) of subsection (a)(2). communications services in a rural area. (1) to address costs incurred by Federal enti- SEC. 16. RULEMAKING RELATED TO PARTI- SEC. 17. UNLICENSED SPECTRUM POLICY. ties related to sharing radio frequency bands TIONING OR DISAGGREGATING LI- (a) STATEMENT OF POLICY.—It is the policy of with radio technologies conducting unlicensed CENSES. the United States— operations; and (a) DEFINITIONS.—In this section— (1) to maximize the benefit to the people of the (2) to ensure the Spectrum Relocation Fund (1) COVERED SMALL CARRIER.—The term ‘‘cov- United States of the spectrum resources of the has sufficient funds to cover— ered small carrier’’ means a carrier (as defined United States; (A) the costs described in paragraph (1); and in section 3 of the Communications Act of 1934 (2) to advance innovation and investment in (B) other expenditures allowed of the Spec- (47 U.S.C. 153)) that— wireless broadband services; and trum Relocation Fund under section 118 of the (A) has not more than 1,500 employees (as de- (3) to promote spectrum policy that makes National Telecommunications and Information termined under section 121.106 of title 13, Code available on an unlicensed basis radio fre- Administration Organization Act (47 U.S.C. of Federal Regulations, or any successor there- quency bands sufficient to meet consumer de- 928). to); and mand for unlicensed wireless broadband oper- (e) REPORT REQUIRED.— (B) offers services using the facilities of the ations. (1) IN GENERAL.—Not later than 1 year after carrier. (b) COMMISSION RESPONSIBILITIES.—The Com- the date of enactment of this Act, the Commis- (2) RURAL AREA.—The term ‘‘rural area’’ mission shall ensure that the efforts of the Com- sion shall submit to the appropriate committees means any area other than— mission related to spectrum allocation and as- of Congress a report that describes the plan de- (A) a city, town, or incorporated area that signment make available on an unlicensed basis veloped under this section, including any rec- has a population of more than 20,000 inhab- radio frequency bands sufficient to meet demand ommendations for legislative change. itants; or for unlicensed wireless broadband operations if (2) PUBLICATION ON COMMISSION WEBSITE.— (B) an urbanized area contiguous and adja- doing so is, after taking into account the future Not later than the date on which the Commis- cent to a city or town that has a population of needs of other spectrum users— sion submits the report under paragraph (1), the more than 50,000 inhabitants. (1) reasonable; and Commission shall make the report publicly (b) RULEMAKING.— (2) in the public interest. available on the website of the Commission. (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commis- (c) COMMISSION ACTION.—Not later than 18 SEC. 19. SPECTRUM CHALLENGE PRIZE. sion shall initiate a rulemaking proceeding to months after the date of enactment of this Act, (a) SHORT TITLE.—This section may be cited assess whether to establish a program, or modify the Commission shall take action to implement as the ‘‘Spectrum Challenge Prize Act’’. existing programs, under which a licensee that subsection (b). (b) DEFINITION OF PRIZE COMPETITION.—In receives a license for the exclusive use of spec- SEC. 18. NATIONAL PLAN FOR UNLICENSED SPEC- this section, the term ‘‘prize competition’’ means trum in a specific geographic area under section TRUM. a prize competition conducted by the Secretary 301 of the Communications Act of 1934 (47 U.S.C. (a) DEFINITIONS.—In this section: under subsection (c)(1). 301) may partition or disaggregate the license by (1) SPECTRUM RELOCATION FUND.—The term (c) SPECTRUM CHALLENGE PRIZE.— sale or long-term lease— ‘‘Spectrum Relocation Fund’’ means the Fund (1) IN GENERAL.—The Secretary, in consulta- (A) in order to— established under section 118 of the National tion with the Assistant Secretary of Commerce (i) provide services consistent with the license; Telecommunications and Information Adminis- for Communications and Information and the and tration Organization Act (47 U.S.C. 928). Under Secretary of Commerce for Standards and (ii) make unused spectrum available to— (2) UNLICENSED OPERATIONS.—The term ‘‘unli- Technology, shall, subject to the availability of (I) an unaffiliated covered small carrier; or censed operations’’ means the use of spectrum funds for prize competitions under this section— (II) an unaffiliated carrier to serve a rural on a non-exclusive basis under— (A) conduct prize competitions to dramatically area; and (A) part 15 of title 47, Code of Federal Regula- accelerate the development and commercializa- (B) if the Commission finds that such a pro- tions; or tion of technology that improves spectrum effi- gram would promote— (B) licensing by rule under part 96 of title 47, ciency and is capable of cost-effective deploy- (i) the availability of advanced telecommuni- Code of Federal Regulations. ment; and cations services in rural areas; or (b) NATIONAL PLAN.—Not later than 1 year (B) define a measurable set of performance (ii) spectrum availability for covered small after the date of enactment of this Act, the Com- goals for participants in the prize competitions carriers. mission, in consultation with the NTIA, shall to demonstrate their solutions on a level playing (2) CONSIDERATIONS.—In conducting the rule- develop a national plan for making additional field while making a significant advancement making proceeding under paragraph (1), the radio frequency bands available for unlicensed over the current state of the art. Commission shall consider, with respect to the operations. (2) AUTHORITY OF SECRETARY.—In carrying program proposed to be established under that (c) REQUIREMENTS.—The plan developed out paragraph (1), the Secretary may— paragraph— under this section shall— (A) enter into a grant, contract, cooperative (A) whether reduced performance require- (1) identify an approach that ensures that agreement, or other agreement with a private ments with respect to spectrum obtained consumers have access to additional spectrum to sector for-profit or nonprofit entity to admin- through the program would facilitate deploy- conduct unlicensed operations in a range of ister the prize competitions; ment of advanced telecommunications services radio frequencies to meet consumer demand; (B) invite the Defense Advanced Research in the areas covered by the program; (2) recommend specific actions by the Commis- Projects Agency, the Commission, the National (B) what conditions may be needed on trans- sion and the NTIA to permit unlicensed oper- Aeronautics and Space Administration, the Na- fers of spectrum under the program to allow cov- ations in additional radio frequency ranges that tional Science Foundation, or any other Federal ered small carriers that obtain spectrum under the Commission finds— agency to provide advice and assistance in the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0637 Sfmt 6333 E:\CR\FM\A03AU6.062 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4815 design or administration of the prize competi- and Information Administration Organization voice communications from one destination tions; and Act (47 U.S.C. 921 note), as added by section to another and that charges any rate to any (C) award not more than $5,000,000, in the ag- 1062(a) of the National Defense Authorization other entity (including an affiliated entity) gregate, to the winner or winners of the prize Act for Fiscal Year 2000. for the transmission shall— competitions. SEC. 22. RELATIONSHIP TO MIDDLE CLASS TAX ‘‘(1) register with the Commission; and (d) CRITERIA.—Not later than 180 days after RELIEF AND JOB CREATION ACT OF ‘‘(2) comply with the service quality stand- the date on which funds for prize competitions 2012. ards for such transmission to be established are made available pursuant to this section, the Nothing in this Act shall be construed to limit, by the Commission under subsection Commission shall publish a technical paper on restrict, or circumvent in any way the imple- (c)(1)(B). spectrum efficiency providing criteria that may mentation of the nationwide public safety ‘‘(b) REQUIRED USE OF REGISTERED INTER- be used for the design of the prize competitions. broadband network defined in section 6001 of MEDIATE PROVIDERS.—A covered provider (e) AUTHORIZATION OF APPROPRIATIONS.— title VI of the Middle Class Tax Relief and Job may not use an intermediate provider to There are authorized to be appropriated such Creation Act of 2012 (47 U.S.C. 1401) or any transmit covered voice communications un- sums as may be necessary to carry out this sec- rules implementing that network under title VI less such intermediate provider is registered tion. of that Act (47 U.S.C. 1401 et seq.). under subsection (a)(1). ‘‘(c) COMMISSION RULES.— SEC. 20. WIRELESS TELECOMMUNICATIONS TAX Mr. WICKER. Mr. President, I ask ‘‘(1) IN GENERAL.— AND FEE COLLECTION FAIRNESS. unanimous consent that the com- ‘‘(A) REGISTRY.—Not later than 180 days (a) SHORT TITLE.—This section may be cited mittee-reported substitute amendment after the date of enactment of this section, as the ‘‘Wireless Telecommunications Tax and the Commission shall promulgate rules to es- Fee Collection Fairness Act’’. be agreed to; the bill, as amended, be tablish a registry to record registrations (b) DEFINITIONS.—In this section: considered read a third time and under subsection (a)(1). (1) FINANCIAL TRANSACTION.—The term ‘‘fi- passed, and the motion to reconsider be ‘‘(B) SERVICE QUALITY STANDARDS.—Not nancial transaction’’ means a transaction in considered made and laid upon the later than 1 year after the date of enactment which the purchaser or user of a wireless tele- table. of this section, the Commission shall pro- communications service upon whom a tax, fee, The PRESIDING OFFICER. Without mulgate rules to establish service quality or surcharge is imposed gives cash, credit, or objection, it is so ordered. standards for the transmission of covered any other exchange of monetary value or con- The committee-reported amendment voice communications by intermediate pro- sideration to the person who is required to col- viders. lect or remit the tax, fee, or surcharge. in the nature of a substitute was ‘‘(2) REQUIREMENTS.—In promulgating the (2) LOCAL JURISDICTION.—The term ‘‘local ju- agreed to. rules required by paragraph (1), the Commis- risdiction’’ means a political subdivision of a The bill (S. 19), as amended, was or- sion shall— State. dered to be engrossed for a third read- ‘‘(A) ensure the integrity of the trans- (3) STATE.—The term ‘‘State’’ means any of ing, was read the third time, and mission of covered voice communications to the several States, the District of Columbia, and passed. all customers in the United States; and any territory or possession of the United States. f ‘‘(B) prevent unjust or unreasonable dis- (4) STATE OR LOCAL JURISDICTION.—The term ‘‘State or local jurisdiction’’ includes any gov- IMPROVING RURAL CALL QUALITY crimination among areas of the United States in the delivery of covered voice com- ernmental entity or person acting on behalf of a AND RELIABILITY ACT OF 2017 State or local jurisdiction that has the authority munications. ‘‘(d) PUBLIC AVAILABILITY OF REGISTRY.— to assess, impose, levy, or collect taxes or fees. Mr. WICKER. Mr. President, I ask The Commission shall make the registry es- (5) WIRELESS TELECOMMUNICATIONS SERVICE.— unanimous consent that the Senate proceed to the immediate consider- tablished under subsection (c)(1)(A) publicly The term ‘‘wireless telecommunications service’’ available on the website of the Commission. means a commercial mobile radio service, as de- ation of Calendar No. 19, S. 96. ‘‘(e) SCOPE OF APPLICATION.—The require- fined in section 20.3 of title 47, Code of Federal The PRESIDING OFFICER. The ments of this section shall apply regardless Regulations, or any successor thereto. clerk will report the bill by title. of the format by which any communication (c) FINANCIAL TRANSACTION REQUIREMENT.— The senior assistant legislative clerk or service is provided, the protocol or format (1) IN GENERAL.—A State, or a local jurisdic- read as follows: by which the transmission of such commu- tion of a State, may not require a person to col- nication or service is achieved, or the regu- lect from, or remit on behalf of, any other per- A bill (S. 96) to amend the Communica- latory classification of such communication son a State or local tax, fee, or surcharge im- tions Act of 1934 to ensure the integrity of or service. posed on a purchaser or user with respect to the voice communications and to prevent unjust ‘‘(f) RULE OF CONSTRUCTION.—Nothing in purchase or use of any wireless telecommuni- or unreasonable discrimination among areas this section shall be construed to affect the cations service within the State unless the col- of the United States in the delivery of such regulatory classification of any communica- lection or remittance is in connection with a fi- communications. tion or service. nancial transaction. There being no objection, the Senate ‘‘(g) EFFECT ON OTHER LAWS.—Nothing in (2) RULE OF CONSTRUCTION.—Nothing in this proceeded to consider the bill. this section shall be construed to preempt or subsection shall be construed to affect the right Mr. WICKER. Mr. President, I ask expand the authority of a State public utility commission or other relevant State agen- of a State or local jurisdiction to require the col- unanimous consent that the bill be lection of any tax, fee, or surcharge in connec- cy to collect data, or investigate and enforce tion with a financial transaction. considered read a third time and passed State law and regulations, regarding the (d) ENFORCEMENT.— and the motion to reconsider be consid- completion of intrastate voice communica- (1) PRIVATE RIGHT OF ACTION.—Any person ered made and laid upon the table. tions, regardless of the format by which any aggrieved by a violation of subsection (c) may The PRESIDING OFFICER. Without communication or service is provided, the bring a civil action in an appropriate district objection, it is so ordered. protocol or format by which the trans- court of the United States for equitable relief in The bill (S. 96) was ordered to be en- mission of such communication or service is accordance with paragraph (2) of this sub- achieved, or the regulatory classification of grossed for a third reading, was read such communication or service. section. the third time, and passed, as follows: ‘‘(h) EXCEPTION.—The requirement under (2) JURISDICTION OF DISTRICT COURTS.—Not- subsection (a)(2) to comply with the service withstanding section 1341 of title 28, United S. 96 Be it enacted by the Senate and House of Rep- quality standards established under sub- States Code, or the constitution or laws of any section (c)(1)(B) shall not apply to a covered resentatives of the United States of America in State, the district courts of the United States provider that— Congress assembled, shall have jurisdiction, without regard to the ‘‘(1) on or before the date that is 1 year amount in controversy or citizenship of the par- SECTION 1. SHORT TITLE. after the date of enactment of this section, ties, to grant such mandatory or prohibitive in- This Act may be cited as the ‘‘Improving has certified as a Safe Harbor provider under junctive relief, interim equitable relief, and de- Rural Call Quality and Reliability Act of section 64.2107(a) of title 47, Code of Federal claratory judgments as may be necessary to pre- 2017’’. Regulations, or any successor regulation; vent, restrain, or terminate any acts in violation SEC. 2. ENSURING THE INTEGRITY OF VOICE and of subsection (c). COMMUNICATIONS. ‘‘(2) continues to meet the requirements SEC. 21. RULES OF CONSTRUCTION. Part II of title II of the Communications under such section 64.2107(a). (a) RANGES OF FREQUENCIES.—Each range of Act of 1934 (47 U.S.C. 251 et seq.) is amended ‘‘(i) DEFINITIONS.—In this section: frequencies described in this Act shall be con- by adding at the end the following: ‘‘(1) COVERED PROVIDER.—The term ‘cov- strued to be inclusive of the upper and lower ‘‘SEC. 262. ENSURING THE INTEGRITY OF VOICE ered provider’ has the meaning given the frequencies in the range. COMMUNICATIONS. term in section 64.2101 of title 47, Code of (b) ASSESSMENT OF ELECTROMAGNETIC SPEC- ‘‘(a) REGISTRATION AND COMPLIANCE BY IN- Federal Regulations, or any successor there- TRUM REALLOCATION.—Nothing in this Act shall TERMEDIATE PROVIDERS.—An intermediate to. be construed to affect any requirement under provider that offers or holds itself out as of- ‘‘(2) COVERED VOICE COMMUNICATION.—The section 156 of the National Telecommunications fering the capability to transmit covered term ‘covered voice communication’ means a

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voice communication (including any related ‘‘(1) assess the state of competition in the (b) SATELLITE COMPETITION REPORT.—Sec- signaling information) that is generated— communications marketplace, including tion 4 of Public Law 109–34 (47 U.S.C. 703) is ‘‘(A) from the placement of a call from a competition to deliver voice, video, audio, repealed. connection using a North American Num- and data services among providers of tele- (c) INTERNATIONAL BROADBAND DATA RE- bering Plan resource or a call placed to a communications, providers of commercial PORT.—Section 103(b)(1) of the Broadband connection using such a numbering resource; mobile service (as defined in section 332), Data Improvement Act (47 U.S.C. 1303(b)(1)) and multichannel video programming distribu- is amended by striking ‘‘the assessment and ‘‘(B) through any service provided by a tors (as defined in section 602), broadcast sta- report’’ and all that follows through ‘‘the covered provider. tions, providers of satellite communications, Federal Communications Commission’’ and ‘‘(3) INTERMEDIATE PROVIDER.—The term Internet service providers, and other pro- inserting ‘‘its report under section 13 of the ‘intermediate provider’ means any entity viders of communications services; Communications Act of 1934, the Federal that— ‘‘(2) assess the state of deployment of com- Communications Commission’’. ‘‘(A) enters into a business arrangement munications capabilities, including advanced (d) STATUS OF COMPETITION IN THE MARKET with a covered provider or other inter- telecommunications capability (as defined in FOR THE DELIVERY OF VIDEO PROGRAMMING mediate provider for the specific purpose of section 706 of the Telecommunications Act of REPORT.—Section 628 of the Communications carrying, routing, or transmitting voice traf- 1996 (47 U.S.C. 1302)), regardless of the tech- Act of 1934 (47 U.S.C. 548) is amended— fic that is generated from the placement of a nology used for such deployment; (1) by striking subsection (g); call placed— ‘‘(3) assess whether laws, regulations, regu- (2) by redesignating subsection (j) as sub- ‘‘(i) from an end user connection using a latory practices, or demonstrated market- section (g); and North American Numbering Plan resource; place practices pose a barrier to competitive (3) by transferring subsection (g) (as redes- or entry into the communications marketplace ignated) so that it appears after subsection ‘‘(ii) to an end user connection using such or to the competitive expansion of existing (f). providers of communications services; and a numbering resource; and (e) REPORT ON CABLE INDUSTRY PRICES.— ‘‘(B) does not itself, either directly or in ‘‘(4) describe the agenda of the Commission Section 623(k) of the Communications Act of conjunction with an affiliate, serve as a cov- for the next 2-year period for addressing the 1934 (47 U.S.C. 543(k)) is amended— ered provider in the context of originating or challenges and opportunities in the commu- (1) in paragraph (1), by striking ‘‘annually terminating a given call.’’. nications marketplace that were identified publish’’ and inserting ‘‘publish with its re- through the assessments under paragraphs port under section 13 of the Communications f (1) through (3). Act of 1934’’; and ‘‘(c) EXTENSION.—If the Senate confirms FEDERAL COMMUNICATIONS COM- (2) in paragraph (2), in the heading, by MISSION CONSOLIDATED RE- the Chairman of the Commission during the third or fourth quarter of an even-numbered striking ‘‘ANNUAL’’. PORTING ACT OF 2017 year, the report required under subsection (f) TRIENNIAL REPORT IDENTIFYING AND Mr. WICKER. Mr. President, I ask (a) may be published on the website of the ELIMINATING MARKET ENTRY BARRIERS FOR ENTREPRENEURS AND OTHER SMALL BUSI- unanimous consent that the Senate Commission and submitted to the Com- NESSES.—Section 257 of the Communications proceed to the immediate consider- mittee on Energy and Commerce of the House of Representatives and the Committee Act of 1934 (47 U.S.C. 257) is amended by ation of Calendar No. 77, S. 174. on Commerce, Science, and Transportation striking subsection (c). The PRESIDING OFFICER. The of the Senate by March 1 of the following (g) STATE OF COMPETITIVE MARKET CONDI- clerk will report the bill by title. odd-numbered year. TIONS WITH RESPECT TO COMMERCIAL MOBILE The senior assistant legislative clerk ‘‘(d) SPECIAL REQUIREMENTS.— RADIO SERVICES.—Section 332(c)(1)(C) of the read as follows: ‘‘(1) ASSESSING COMPETITION.—In assessing Communications Act of 1934 (47 U.S.C. the state of competition under subsection 332(c)(1)(C)) is amended by striking the first A bill (S. 174) to amend the Communica- (b)(1), the Commission shall consider all and second sentences. tions Act of 1934 to consolidate the reporting forms of competition, including the effect of REVIOUSLY ELIMINATED ANNUAL RE- obligations of the Federal Communications (h) P intermodal competition, facilities-based PORT.— Commission in order to improve congres- competition, and competition from new and (1) IN GENERAL.—Section 4 of the Commu- sional oversight and reduce reporting bur- emergent communications services, includ- nications Act of 1934 (47 U.S.C. 154) is amend- dens. ing the provision of content and communica- ed— There being no objection, the Senate tions using the Internet. (A) by striking subsection (k); and proceeded to consider the bill. ‘‘(2) ASSESSING DEPLOYMENT.—In assessing (B) by redesignating subsections (l) Mr. WICKER. Mr. President, I ask the state of deployment under subsection through (o) as subsections (k) through (n), unanimous consent that the bill be (b)(2), the Commission shall include a list of respectively. considered read a third time and passed geographical areas that are not served by (2) CONFORMING AMENDMENTS.—The Com- any provider of advanced telecommuni- munications Act of 1934 (47 U.S.C. 151 et seq.) and the motion to reconsider be consid- cations capability. ered made and laid upon the table. is amended— ‘‘(3) CONSIDERING SMALL BUSINESSES.—In (A) in section 9(i), by striking ‘‘In the Com- The PRESIDING OFFICER. Without assessing the state of competition under submission’s annual report, the Commission objection, it is so ordered. section (b)(1) and barriers under subsection shall prepare an analysis of its progress in The bill (S. 174) was ordered to be en- (b)(3), the Commission shall consider market developing such systems and’’ and inserting grossed for a third reading, was read entry barriers for entrepreneurs and other ‘‘The Commission’’; and the third time, and passed, as follows: small businesses in the communications (B) in section 309(j)(8)(B), by striking the marketplace in accordance with the national S. 174 last sentence. policy under section 257(b). (i) ADDITIONAL OUTDATED REPORTS.— Be it enacted by the Senate and House of Rep- ‘‘(e) NOTIFICATION OF DELAY IN REPORT.—If (1) IN GENERAL.—The Communications Act the Commission fails to publish a report by resentatives of the United States of America in of 1934 (47 U.S.C. 151 et seq.) is amended— the applicable deadline under subsection (a) Congress assembled, (A) in section 4— or (c), the Commission shall, not later than SECTION 1. SHORT TITLE. (i) in subsection (b)(2)(B)(ii), by striking This Act may be cited as the ‘‘Federal 7 days after the deadline and every 60 days thereafter until the publication of the re- ‘‘and shall furnish notice of such action’’ and Communications Commission Consolidated all that follows through ‘‘subject of the Reporting Act of 2017’’. port— ‘‘(1) provide notification of the delay by waiver’’; and SEC. 2. COMMUNICATIONS MARKETPLACE RE- letter to the chairperson and ranking mem- (ii) in subsection (g)— PORT. ber of— (I) by striking paragraph (2); and Title I of the Communications Act of 1934 ‘‘(A) the Committee on Energy and Com- (II) by redesignating paragraph (3) as para- (47 U.S.C. 151 et seq.) is amended by adding merce of the House of Representatives; and graph (2); at the end the following: ‘‘(B) the Committee on Commerce, (B) in section 215— ‘‘SEC. 13. COMMUNICATIONS MARKETPLACE RE- Science, and Transportation of the Senate; (i) by striking subsection (b); and PORT. ‘‘(2) indicate in the letter the date on (ii) by redesignating subsection (c) as sub- ‘‘(a) IN GENERAL.—In the last quarter of which the Commission anticipates the report section (b); every even-numbered year, the Commission will be published; and (C) in section 227(e)— shall publish on its website and submit to ‘‘(3) publish the letter on the website of the (i) by striking paragraph (4); and the Committee on Energy and Commerce of Commission.’’. (ii) by redesignating paragraphs (5) the House of Representatives and the Com- SEC. 3. CONSOLIDATION OF REDUNDANT RE- through (9) as paragraphs (4) through (8), re- mittee on Commerce, Science, and Transpor- PORTS; CONFORMING AMEND- spectively; tation of the Senate a report on the state of MENTS. (D) in section 303(u)(1)(B), by striking ‘‘sec- the communications marketplace. (a) ORBIT ACT REPORT.—Section 646 of the tion 713(f)’’ and inserting ‘‘section 713(e)’’; ‘‘(b) CONTENTS.—Each report required Communications Satellite Act of 1962 (47 (E) in section 309(j)— under subsection (a) shall— U.S.C. 765e) is repealed. (i) by striking paragraph (12);

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.059 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4817 (ii) by redesignating paragraphs (13) (i) by striking subsection (a); A bill (S. 134) to expand the prohibition on through (17) as paragraphs (12) through (16), (ii) by redesignating subsections (b), (c), misleading or inaccurate caller identifica- respectively; and (d), (e), (f), (g), (h), and (j) as subsections (a), tion information, and for other purposes. (iii) in paragraph (14)(C), as redesignated— (b), (c), (d), (e), (f), (g), and (h), respectively; There being no objection, the Senate (I) by striking clause (iv); (iii) in subsection (a), as redesignated— proceeded to consider the bill, which (II) by redesignating clauses (v) and (vi) as (I) in the matter preceding paragraph (1), clauses (iv) and (v), respectively; and by striking ‘‘such date of enactment’’ and in- had been reported from the Committee (III) in clause (v), as redesignated, in the serting ‘‘the date of enactment of the Tele- on Commerce, Science, and Transpor- matter preceding subclause (I)— communications Act of 1996’’; and tation, with an amendment to strike (aa) by striking ‘‘clause (v)’’ and inserting (II) by striking ‘‘subsection (d)’’ each place all after the enacting clause and insert ‘‘clause (iv)’’; and that term appears and inserting ‘‘subsection in lieu thereof the following: (bb) by striking ‘‘paragraph (14)’’ and in- (c)’’; SECTION 1. SHORT TITLE. serting ‘‘paragraph (13)’’; (iv) in subsection (b), as redesignated, by This Act may be cited as the ‘‘Spoofing Pre- (F) in section 331(b), by striking the last striking ‘‘subsection (b)’’ each place that vention Act of 2017’’. sentence; term appears and inserting ‘‘subsection (a)’’; (G) in section 336(e), by striking paragraph (v) in subsection (c), as redesignated, by SEC. 2. DEFINITION. (4) and inserting the following: striking ‘‘subsection (b)’’ and inserting ‘‘sub- In this Act, the term ‘‘Commission’’ means the ‘‘(4) REPORT.—The Commission shall annu- section (a)’’; Federal Communications Commission. ally advise the Congress on the amounts col- (vi) in subsection (e)(2)(A), as redesignated, SEC. 3. SPOOFING PREVENTION. lected pursuant to the program required by by striking ‘‘subsection (h)’’ and inserting (a) EXPANDING AND CLARIFYING PROHIBITION this subsection.’’; ‘‘subsection (g)’’; and ON MISLEADING OR INACCURATE CALLER IDENTI- (H) in section 338(k)(6)(B), by striking ‘‘sec- (vii) in subsection (f), as redesignated, by FICATION INFORMATION.— tion 396(k)(6)(B)’’ and inserting ‘‘section striking ‘‘subsection (e)(2)’’ and inserting (1) COMMUNICATIONS FROM OUTSIDE THE 396(j)(6)(B)’’; ‘‘subsection (d)(2)’’. UNITED STATES.—Section 227(e)(1) of the Com- (I) in section 339(c)— (2) CONFORMING AMENDMENTS.— munications Act of 1934 (47 U.S.C. 227(e)(1)) is (i) by striking paragraph (1); (A) MIDDLE CLASS TAX RELIEF AND JOB CRE- amended by striking ‘‘in connection with any (ii) by redesignating paragraphs (2) ATION ACT OF 2012.—Section 6401(b) of the Mid- telecommunications service or IP-enabled voice through (5) as paragraphs (1) through (4), re- dle Class Tax Relief and Job Creation Act of service’’ and inserting ‘‘or any person outside spectively; 2012 (47 U.S.C. 1451(b)) is amended— the United States if the recipient of the call is (iii) in paragraph (3)(A), as redesignated, (i) in paragraph (1), by striking ‘‘(15)(A)’’ within the United States, in connection with by striking ‘‘paragraph (2)’’ and inserting and inserting ‘‘(14)(A)’’; and any voice service or text messaging service’’. ‘‘paragraph (1)’’; and (ii) in paragraph (3), by striking ‘‘section (2) COVERAGE OF TEXT MESSAGES AND VOICE (iv) in paragraph (4), as redesignated, by 309(j)(16)(B) of the Communications Act of SERVICES.—Section 227(e)(8) of the Communica- striking ‘‘paragraphs (2) and (4)’’ and insert- 1934 (47 U.S.C. 309(j)(16)(B))’’ and inserting tions Act of 1934 (47 U.S.C. 227(e)(8)) is amending ‘‘paragraphs (1) and (3)’’; ‘‘section 309(j)(15)(B) of the Communications ed— (J) in section 396— Act of 1934 (47 U.S.C. 309(j)(15)(B))’’. (A) in subparagraph (A), by striking ‘‘tele- (i) by striking subsections (i) and (m); (B) TITLE 17.—Chapter 1 of title 17, United communications service or IP-enabled voice (ii) by redesignating subsections (j) States Code, is amended— service’’ and inserting ‘‘voice service or a text through (l) as subsections (i) through (k), re- (i) in section 114(d)(1)(B)(iv), by striking message sent using a text messaging service’’; spectively; ‘‘section 396(k) of the Communications Act (B) in the first sentence of subparagraph (B), (iii) in subsection (j), as redesignated— of 1934 (47 U.S.C. 396(k))’’ and inserting ‘‘sec- by striking ‘‘telecommunications service or IP- (I) in paragraph (1), by striking subpara- tion 396(j) of the Communications Act of 1934 enabled voice service’’ and inserting ‘‘voice serv- graph (F); (47 U.S.C. 396(j))’’; and ice or a text message sent using a text messaging (II) in paragraph (3)(B)(iii)— (ii) in section 119(a)— service’’; and (aa) by striking subclause (V); (I) in paragraph (2)(B)(ii)— (C) by striking subparagraph (C) and insert- (bb) by redesignating subclause (VI) as sub- ing the following: clause (V); and (aa) in subclause (I), by striking ‘‘section 339(c)(3)’’ and inserting ‘‘section 339(c)(2)’’; ‘‘(C) TEXT MESSAGE.—The term ‘text mes- (cc) in subclause (V), as redesignated, by sage’— striking ‘‘subsection (l)(4)(B)’’ and inserting (bb) in subclause (II), by striking ‘‘section 339(c)(4)’’ and inserting ‘‘section 339(c)(3)’’; ‘‘(i) means a message consisting of text, im- ‘‘subsection (k)(4)(B)’’; and ages, sounds, or other information that is trans- (III) in paragraph (5), by striking ‘‘sub- and (cc) in subclause (III), by striking ‘‘section mitted from or received by a device that is iden- section (1)(3)(B)’’ and inserting ‘‘subsection tified as the transmitting or receiving device by (k)(3)(B)’’; and 339(c)(3) of the Communications Act of 1934 (47 U.S.C. 339(c)(3))’’ and inserting ‘‘section means of a 10-digit telephone number; (iv) in subsection (k), as redesignated— ‘‘(ii) includes a short message service (com- (I) in paragraph (1)(B), by striking ‘‘shall 339(c)(2) of the Communications Act of 1934 (47 U.S.C. 339(c)(2))’’; monly referred to as ‘SMS’) message, and a be included’’ and all that follows through multimedia message service (commonly referred ‘‘The audit report’’; and (II) in paragraph (3)(E), by striking ‘‘section 339(c)(2)’’ and inserting ‘‘section to as ‘MMS’) message; and (II) in paragraph (4)— ‘‘(iii) does not include— 339(c)(1)’’; and (aa) in subparagraph (B), by striking ‘‘sub- ‘‘(I) a real-time, two-way voice or video com- (III) in paragraph (13), by striking ‘‘section section (k)(3)(A) (ii)(II) or (iii)(II)’’ and in- munication; or 339(c)(2)’’ and inserting ‘‘section 339(c)(1)’’. serting ‘‘clause (ii)(II) or (iii)(II) of sub- ‘‘(II) a message sent over an IP-enabled mes- section (j)(3)(A)’’; SEC. 4. EFFECT ON AUTHORITY. saging service to another user of the same mes- (bb) in subparagraph (C), by striking ‘‘sub- Nothing in this Act or the amendments saging service, except a message described in section (k)(3)(A)(iii)(III)’’ and inserting ‘‘sub- made by this Act shall be construed to ex- clause (ii). section (j)(3)(A)(iii)(III)’’; and pand or contract the authority of the Fed- ‘‘(D) TEXT MESSAGING SERVICE.—The term (cc) in subparagraph (D), by striking ‘‘sub- eral Communications Commission. ‘text messaging service’ means a service that en- section (k)(3)(A) (ii)(III) or (iii)(II)’’ and in- SEC. 5. OTHER REPORTS. ables the transmission or receipt of a text mes- serting ‘‘clause (ii)(II) or (iii)(II) of sub- Nothing in this Act or the amendments sage, including a service provided as part of or section (j)(3)(A)’’; made by this Act shall be construed to pro- in connection with a voice service. (K) in section 398(b)(4), by striking the hibit or otherwise prevent the Federal Com- ‘‘(E) VOICE SERVICE.—The term ‘voice serv- third sentence; munications Commission from producing ice’— (L) in section 399B(c), by striking ‘‘section any additional reports otherwise within the ‘‘(i) means any service that furnishes voice 396(k)’’ and inserting ‘‘section 396(j)’’; authority of the Federal Communications communications to an end user using resources (M) in section 615(l)(1)(A)(ii), by striking Commission. from the North American Numbering Plan or ‘‘section 396(k)(6)(B)’’ and inserting ‘‘section any successor to the North American Numbering 396(j)(6)(B)’’; f Plan adopted by the Commission under section (N) in section 624A(b)(1)— SPOOFING PREVENTION ACT OF 251(e)(1); and (i) by striking ‘‘REPORT; REGULATIONS’’ and ‘‘(ii) includes transmissions from a telephone 2017 inserting ‘‘REGULATIONS’’; facsimile machine, computer, or other device to (ii) by striking ‘‘Within 1 year after’’ and Mr. WICKER. Mr. President, I ask a telephone facsimile machine.’’. all that follows through ‘‘on means of assur- unanimous consent that the Senate (3) TECHNICAL AMENDMENT.—Section 227(e) of ing’’ and inserting ‘‘The Commission shall proceed to the immediate consider- the Communications Act of 1934 (47 U.S.C. issue such regulations as are necessary to as- ation of Calendar No. 117, S. 134. 227(e)) is amended in the heading by inserting sure’’; and ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. The PRESIDING OFFICER. The (iii) by striking ‘‘Within 180 days after’’ (4) REGULATIONS.— and all that follows through ‘‘to assure such clerk will report the bill by title. (A) IN GENERAL.—Section 227(e)(3)(A) of the compatibility.’’; and The senior assistant legislative clerk Communications Act of 1934 (47 U.S.C. (O) in section 713— read as follows: 227(e)(3)(A)) is amended by striking ‘‘Not later

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than 6 months after the date of enactment of the (3) REPORT.—Not later than 18 months after ‘‘SEC. 721. DEFAULT CONFIGURATION OF MULTI- Truth in Caller ID Act of 2009, the Commission’’ the date of enactment of this Act, the Comp- LINE TELEPHONE SYSTEMS FOR DI- and inserting ‘‘The Commission’’. troller General shall submit to the Committee on RECT DIALING OF 9–1–1. (B) DEADLINE.—The Commission shall pre- Commerce, Science, and Transportation of the ‘‘(a) DEFINITIONS.—In this section— scribe regulations to implement the amendments Senate and the Committee on Energy and Com- ‘‘(1) the term ‘multi-line telephone system’ made by this subsection not later than 18 merce of the House of Representatives a report has the meaning given the term in section months after the date of enactment of this Act. on the findings of the study conducted under 6502 of the Middle Class Tax Relief and Job (5) EFFECTIVE DATE.—The amendments made paragraph (1), including any recommendations Creation Act of 2012 (47 U.S.C. 1471); and by this subsection shall take effect on the date regarding combating the fraudulent provision of ‘‘(2) the term ‘public safety answering that is 6 months after the date on which the misleading or inaccurate caller identification in- point’ has the meaning given the term in Commission prescribes regulations under para- formation. section 222(h). graph (4). (d) RULE OF CONSTRUCTION.—Nothing in this ‘‘(b) MULTI-LINE TELEPHONE SYSTEM (b) CONSUMER EDUCATION MATERIALS ON HOW section, or the amendments made by this sec- FUNCTIONALITY.—A person engaged in the TO AVOID SCAMS THAT RELY UPON MISLEADING tion, shall be construed to modify, limit, or oth- business of manufacturing, importing, sell- OR INACCURATE CALLER IDENTIFICATION INFOR- erwise affect any rule or order adopted by the ing, or leasing multi-line telephone systems MATION.— Commission in connection with— may not manufacture or import for use in (1) DEVELOPMENT OF MATERIALS.—Not later (1) the Telephone Consumer Protection Act of the United States or sell or lease or offer to than 1 year after the date of enactment of this 1991 (Public Law 102–243; 105 Stat. 2394) or the sell or lease in the United States a multi-line Act, the Commission, in collaboration with the amendments made by that Act; or telephone system unless the technology of Federal Trade Commission, shall develop con- (2) the CAN–SPAM Act of 2003 (15 U.S.C. 7701 the system has the capabilities described in sumer education materials that provide informa- et seq.). subsections (c) and (e). tion about— ‘‘(c) MULTI-LINE TELEPHONE SYSTEM IN- (A) ways for consumers to identify scams and Mr. WICKER. Mr. President, I ask STALLATION.—A person engaged in the busi- other fraudulent activity that rely upon the use unanimous consent that the com- ness of installing multi-line telephone sys- of misleading or inaccurate caller identification mittee-reported substitute amendment tems serving locations in the United States information; and be considered and agreed to, the bill, as may not install such a system in the United (B) existing technologies, if any, that a con- amended, be considered read a third States unless, upon installation, the system sumer can use to protect against such scams and time and passed, and the motion to re- allows a call that is initiated when a user other fraudulent activity. consider be considered made and laid dials 9–1–1 from any station equipped with (2) CONTENTS.—In developing the consumer dialing facilities to be transmitted to the ap- education materials under paragraph (1), the upon the table. propriate public safety answering point— Commission shall— The PRESIDING OFFICER. Without ‘‘(1) without requiring the user to dial any (A) identify existing technologies, if any, that objection, it is so ordered. additional digit, code, prefix, or post-fix, in- can help consumers guard themselves against The committee-reported amendment cluding any trunk-access code (such as the scams and other fraudulent activity that rely in the nature of a substitute was digit 9); and upon the use of misleading or inaccurate caller agreed to. ‘‘(2) regardless of whether the user is re- identification information, including— quired to dial a digit, code, prefix, or post-fix (i) descriptions of how a consumer can use the The bill (S. 134), as amended, was ordered to be engrossed for a third read- described in paragraph (1) for other calls. technologies to protect against such scams and ‘‘(d) OTHER 9–1–1 EMERGENCY DIALING PAT- other fraudulent activity; and ing, was read the third time, and TERNS.—Nothing in this section shall pro- (ii) details on how consumers can access and passed. hibit the configuration of a multi-line tele- use the technologies; and phone system so that other 9–1–1 emergency (B) provide other information that may help f dialing patterns will also initiate a call to a consumers identify and avoid scams and other KARI’S LAW ACT OF 2017 public safety answering point, provided that fraudulent activity that rely upon the use of the dialing pattern 9–1–1 remains available misleading or inaccurate caller identification in- Mr. WICKER. Mr. President, I ask to users. formation. unanimous consent that the Senate ‘‘(e) ON-SITE NOTIFICATION.— (3) UPDATES.—The Commission shall ensure proceed to the immediate consider- ‘‘(1) IN GENERAL.—A person engaged in the that the consumer education materials required ation of Calendar No. 164, S. 123. business of installing multi-line telephone under paragraph (1) are updated on a regular The PRESIDING OFFICER. The systems serving locations in the United basis. clerk will report the bill by title. States, in installing a system described in (4) WEBSITE.—The Commission shall include The senior assistant legislative clerk the consumer education materials developed paragraph (2) in the United States, shall con- under paragraph (1) on its website. read as follows: figure the system so that when a person at (c) GAO REPORT ON COMBATING THE FRAUDU- A bill (S. 123) to amend the Communica- the facility where the system is installed ini- LENT PROVISION OF MISLEADING OR INACCURATE tions Act of 1934 to require multi-line tele- tiates a call to 9–1–1 using the system, the CALLER IDENTIFICATION INFORMATION.— phone systems to have a default configura- system provides a notification to— (1) IN GENERAL.—The Comptroller General of tion that permits users to directly initiate a ‘‘(A) a central location at the facility; or the United States shall conduct a study of the call to 9–1-1 without dialing any additional ‘‘(B) a person or organization with respon- actions the Commission and the Federal Trade digit, code, prefix, or post-fix, and for other sibility for safety or security for the location Commission have taken to combat the fraudu- purposes. as designated by the manager or operator of the system. lent provision of misleading or inaccurate caller There being no objection, the Senate identification information, and the additional ‘‘(2) APPLICATION.—A system described in measures that could be taken to combat such ac- proceeded to consider the bill. this paragraph is a multi-line telephone sys- tivity. Mr. WICKER. Mr. President, I ask tem that is able to be configured to provide (2) REQUIRED CONSIDERATIONS.—In con- unanimous consent that the bill be the notification described in paragraph (1) ducting the study under paragraph (1), the considered read a third time and passed without any improvement to the system. Comptroller General shall examine— and the motion to reconsider be consid- ‘‘(f) REGULATIONS.— (A) trends in the types of scams that rely on ered made and laid upon the table. ‘‘(1) AUTHORITY.—The Commission may prescribe regulations to carry out this sec- misleading or inaccurate caller identification in- The PRESIDING OFFICER. Without formation; tion. (B) previous and current enforcement actions objection, it is so ordered. ‘‘(2) TECHNOLOGICALLY NEUTRAL.—Regula- by the Commission and the Federal Trade Com- The bill (S. 123) was ordered to be en- tions prescribed under paragraph (1) shall, to mission to combat the practices prohibited by grossed for a third reading, was read the extent practicable, promote the purposes section 227(e)(1) of the Communications Act of the third time, and passed, as follows: of this section in a technologically neutral 1934 (47 U.S.C. 227(e)(1)); S. 123 manner. (C) current efforts by industry groups and ‘‘(g) ENFORCEMENT.—This section shall be other entities to develop technical standards to Be it enacted by the Senate and House of Rep- enforced under title V, except that section deter or prevent the fraudulent provision of mis- resentatives of the United States of America in 501 applies only to the extent that the sec- leading or inaccurate caller identification infor- Congress assembled, tion provides for the imposition of a fine. mation, and how such standards may help com- SECTION 1. SHORT TITLE. ‘‘(h) EFFECT ON STATE LAW.—Nothing in bat the current and future provision of mis- This Act may be cited as the ‘‘Kari’s Law this section or in regulations prescribed leading or inaccurate caller identification infor- Act of 2017’’. under this section shall be construed to pre- mation; and SEC. 2. DEFAULT CONFIGURATION OF MULTI- vent any State from enforcing any State law (D) whether there are additional actions the LINE TELEPHONE SYSTEMS FOR DI- that is not inconsistent with this section.’’. Commission, the Federal Trade Commission, and RECT DIALING OF 9–1–1. (b) EFFECTIVE DATE.—The amendment Congress should take to combat the fraudulent (a) IN GENERAL.—Title VII of the Commu- made by subsection (a) shall apply with re- provision of misleading or inaccurate caller nications Act of 1934 (47 U.S.C. 601 et seq.) is spect to a multi-line telephone system that identification information. amended by adding at the end the following: is manufactured, imported, offered for first

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.060 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4819 sale or lease, first sold or leased, or installed The clerk will report the nomina- months and months. So knowing that after the date that is 2 years after the date tions en bloc. the FERC will be able to commence its of the enactment of this Act. The legislative clerk read the nomi- operations again with a quorum is real- f nations of Neil Chatterjee, of Ken- ly good news today. DEVELOPING INNOVATION AND tucky, to be a Member of the Federal I think it is also important to note GROWING THE INTERNET OF Energy Regulatory Commission for the that the White House sent just this THINGS ACT term expiring June 30, 2021; and Robert week two additional names—those of F. Powelson, of Pennsylvania, to be a Mr. Glick and Mr. McIntyre. The En- Mr. WICKER. Mr. President, I ask Member of the Federal Energy Regu- ergy and Natural Resources Committee unanimous consent that the Senate latory Commission for the term expir- will be considering those in early Sep- proceed to the immediate considering June 30, 2020. tember when we return so that, hope- ation of Calendar No. 113, S. 88. Thereupon, the Senate proceeded to fully, we can get a full complement to The PRESIDING OFFICER. The consider the nominations en bloc. this very important Commission. clerk will report the bill by title. Ms. MURKOWSKI. Mr. President, I Mr. MCCONNELL. Mr. President, The senior assistant legislative clerk ask unanimous consent that the Sen- Richard Glick and Kevin McIntyre read as follows: ate vote on the nominations en bloc have been nominated by the President A bill (S. 88) to ensure appropriate spec- with no intervening action or debate; for positions on the Federal Energy trum planning and interagency coordination that if confirmed, the motions to re- Regulatory Commission. I understand to support the Internet of Things. consider be considered made and laid they will be heard and marked up in There being no objection, the Senate upon the table en bloc; that the Presi- tandem in September and I have told proceeded to consider the bill. dent be immediately notified of the the Democratic leader that they will Mr. WICKER. Mr. President, I ask Senate’s action; that no further mo- move as a pair across the floor. unanimous consent that the Fischer tions be in order; that any statements f substitute amendment at the desk be relating to the nominations be printed considered and agreed to, and the bill, in the RECORD; and that the Senate LEGISLATIVE SESSION as amended, be considered read a third then resume legislative session. The PRESIDING OFFICER. The Sen- time. The PRESIDING OFFICER. Is there ate will resume legislative session. The PRESIDING OFFICER. Without objection? objection, it is so ordered. Without objection, it is so ordered. f The amendment (No. 769) in the na- The question is, Will the Senate ad- MORNING BUSINESS ture of a substitute was agreed to. vise and consent to the Chatterjee and (The amendment is printed in today’s Powelson nominations en bloc? Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Sen- RECORD under ‘‘Text of Amendments.’’) The nominations were confirmed en The bill was ordered to be engrossed bloc. ate be in a period of morning business, for a third reading and was read the Ms. MURKOWSKI. Mr. President, I with Senators permitted to speak third time. want to take just a moment and thank therein for up to 10 minutes each. Mr. WICKER. Mr. President, I know those who have worked so hard to The PRESIDING OFFICER. Without of no further debate on the bill. make sure that the Federal Energy objection, it is so ordered. The PRESIDING OFFICER. Is there Regulatory Commission will have a f further debate on the bill? functioning quorum—and more than FDA REAUTHORIZATION BILL Hearing none, the bill having been just having a functioning quorum, the read the third time, the question is, quality of individuals we are sending to Mr. HATCH. Mr. President, I wish to Shall it pass? the FERC as Commissioners is truly speak on the importance of maintain- The bill (S. 88), as amended, was impressive to see. ing a strong Food and Drug Adminis- passed. Neil Chatterjee, whom, without tration. Today we approved the user Mr. WICKER. Mr. President, I ask doubt, almost all of us on this floor fee reauthorizations for the FDA. We unanimous consent that the motion to know, has been working here in the have done the important work of pass- reconsider be considered made and laid Senate, working in the leader’s office ing these essential user fee agreements upon the table. for years, and has been an invaluable out of the committee and have now de- The PRESIDING OFFICER. Without asset to me and my staff on the Energy bated and passed them on the Senate objection, it is so ordered. and Natural Resources Committee. He floor. Mr. WICKER. Mr. President, I sug- is extremely knowledgeable, extremely The HELP Committee is filled with gest the absence of a quorum. committed and dedicated, and it has strong personalities. These personal- The PRESIDING OFFICER (Mr. been a real pleasure to work with him. ities reflect the passion and diversity BLUNT). The clerk will call the roll. I don’t know Mr. Powelson as well, of opinion of millions across our nation The senior assistant legislative clerk but having had an opportunity to ad- today. While we may disagree on cer- proceeded to call the roll. vance his name before the Energy and tain policies, most of us can agree that Ms. MURKOWSKI. Mr. President, I Natural Resources Committee for con- funding the drug, device, and biologic ask unanimous consent that the order firmation, too, I know that the exper- centers of the FDA is essential. for the quorum call be rescinded. tise and the credentials he will bring to Our future scientific endeavors re- The PRESIDING OFFICER (Mr. the Commission are greatly appre- quire a strong FDA that communicates YOUNG). Without objection, it is so or- ciated. openly with the industry that it regu- dered. I think we recognize that there is lates, and this agreement sets up pro- much we are anxious to see happen tocols to achieve that goal. A strong f throughout the country in a new ad- FDA also requires clear steps for prod- EXECUTIVE SESSION ministration where we are talking a lot uct review, and only through such de- about infrastructure—when we are liberative actions can we bring more talking about our energy assets and competition and clarity to our drugs, EXECUTIVE CALENDAR what we can do to help facilitate the devices, and biologic products. Ms. MURKOWSKI. Mr. President, I build-out of an aging infrastructure I have championed multiple provi- ask unanimous consent that the Sen- and the add-on of new infrastructure. sions in this bill, but there are two I ate proceed to executive session for the But in order to proceed with much of would like to highlight today. First, en bloc consideration of the following this, you have to have the FERC actu- there is the counterfeit and diverted nominations: Executive Calendar Nos. ally operating, working to review the drug language. This language makes 101 and 102. permits, working through the rate- importation neither harder nor easier. The PRESIDING OFFICER. Is there making cases. It is substantive work, it In fact, it doesn’t change importation objection? is challenging work, and it is work laws at all. Rather, it protects and Without objection, it is so ordered. that has now been stacked up for strengthens the drug supply chain by

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.061 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4820 CONGRESSIONAL RECORD — SENATE August 3, 2017 simply increasing penalties for crimi- faster, less expensive, and generally ment is not a bill or a tax plan; it is nals that choose to divert drugs into less risky than traditional drug devel- simply a statement of agreed upon the United States or sell counterfeit opment. principles for tax reform. drugs. The OPEN ACT would encourage That is not to say it was insignifi- Current penalties for illegally divert- such repurposing by providing an addi- cant. Quite the opposite, in fact. The ing drugs in the United States change tional 6 months of market exclusivity joint statement is an important devel- arbitrarily based on the location where to drugs that are repurposed and ap- opment in the overall tax reform effort the drugs are manufactured. Our bill proved by FDA for a rare disease or for several reasons. addresses this disparity by enforcing condition. For example, over the past several the same penalties for diverting drugs Finding legislative ways help med- months, the favored tax reform nar- made outside the United States as for ical innovators treat rare diseases has rative among some in the pundit class those made inside the United States. been among my top priorities for over has been that Republicans are deeply To ensure public health and to enhance 30 years, since I first championed the divided. According to this narrative, consumer confidence, it is critical that bipartisan, bicameral Orphan rug Act Republicans in the Senate, the House, Congress eliminate these differing pen- in 1983. The OPEN ACT is a natural and the administration all have such alties for certain types of diversion and next step in expanding that effort to fundamentally different views on tax counterfeiting. close the gap for rare diseases for reform that it will be impossible for us The second provision I wish to call which we have yet to develop treat- all to get on the same page. attention to is a bipartisan proposal ments. In addition to increasing the Some of that was, to use an outdated from Senators BENNET, BURR, and number of rare disease therapies, this description, pure poppycock. CASEY. These fine Senators have joined legislation will boost innovation and When the administration puts out a together to address how clinical trials provide safer options for rare disease framework that calls for a 15 percent are designed early on in their develop- patients using drugs off-label. My bill corporate tax rate while the House ment. By offering guidance on how to enjoys enormous support with the blueprint has a 20 percent rate target, include the intended patient popu- backing of over 225 rare disease organi- that is not really a disagreement. Both lation, especially those with rare dis- zations and patient advocacy groups, sides want to lower the corporate rate eases, drug sponsors can craft trials not to mention overwhelming support significantly, and the general idea in that generate useful data for health from academic medical and research both cases is to reduce the rate as professionals and patients to review. centers. much as is reasonably possible. This bill builds upon the success of Although this provision is not in the Admittedly, there were some key dif- other expanded access provisions that bill before us, I have had assurances ferences of opinion. At the outset of put the patient at the heart of the from Chairman Alexander that he will this Congress, with a newly elected Re- healthcare system. FDA does consum- continue working with me and the co- publican President, it was fair to say mate work when reviewing products for sponsors of this bill to see it become that the House, Senate, and White market, but including a wider patient law. I have spoken to Ranking Member House were on different pages when it mix, when appropriate, will enable MURRAY in the past about it, and I re- came to some aspects of tax reform. phase I, II, and III trials to be more main optimistic that my colleagues However, with last week’s release of complex. I strongly believe that accu- share my concern for the rare disease the joint statement, the leaders in this rately portraying the intended patient community and are willing to advance effort—in both congressional chambers population in a clinical trial is key to this legislation in the future. I would and in the executive branch—have de- ensuring that drugs are both safe and like to thank the chairman and rank- clared that, as of now, we are singing effective. ing member for their dedication to off the same song sheet. There are, of I support this bill, but I also feel children and families in need. course, details that will need to be compelled to speak for a moment on I wish to conclude by reminding my worked out, but all parties are in the OPEN ACT. While not included in colleagues that many of the debates agreement on the key principles and the package being debated today, the that have led to the bill before us have enough confidence that the proc- provisions of the Orphan Product Ex- today are the culmination of years of ess can move forward in Congress with- tension Now Accelerating Cures and experience. When I led the effort to out the fear that the House, Senate, or Treatments Act—a bill I introduced pass what became Hatch-Waxman, the administration will take drastically this Congress with Senator MENENDEZ true impact of that law dwarfed even different approaches in crafting a tax and last Congress with Senator KLO- our loftiest hopes. Hatch-Waxman was reform package. BUCHAR—would promote new therapies a resounding success because Senators That is very significant. I have been for rare diseases. and Congressmen worked together to working on tax reform for more than 6 New therapies are essential to help improve our country’s situation and re- years now, and this is the first time the nearly 30 million Americans suf- duce barriers to market entry. This bill that we have had anything approaching fering from a rare disease or condition. is vital to continuing that goal, and I this level of unity across the various Because complex rare diseases with am pleased to see where the negotia- Chambers and branches of government. small patient populations have limited tions have landed. Another significant marker in the market potential, there are few eco- f joint statement is the agreement that nomic incentives to develop new drugs the tax-writing committees will do the targeting those diseases. While there TAX REFORM lion’s share of the work in producing are 7,000 rare diseases that impact mil- Mr. HATCH. Mr. President, last the actual tax reform legislation and lions of Americans, 95 percent of these week, I joined the Senate majority that the leaders are committed to mov- diseases have no treatment. All too leader, the Speaker of the House, the ing through regular order, by which I often, misconceptions about the dan- chairman of the House Ways and Means mean committee markup processes gers of exclusivities keep bipartisan Committee, the Treasury Secretary, prior to floor consideration. measures from being introduced. We and the Director of the National Eco- This is key because one of the criti- must remain focused, however, and re- nomic Council in issuing a joint state- cisms I have heard about Republicans’ member that, each day we delay in get- ment on tax reform. tax reform efforts is that the bill is ting treatments to the rare disease I ask unanimous consent that the being drafted behind closed doors I community, patients and their families text of the joint statement be printed have even been scolded, sometimes suffer. in the RECORD at the conclusion of my pointedly, over why I have not held a Drug companies possess considerable remarks. Finance Committee hearing on ‘‘the scientific knowledge on drugs that Since the statement’s release, critics bill,’’ even though there is no complete have already been approved for com- and naysayers have said quite a bit, bill in place at this time. mon diseases. Some of these drugs some even going so far as to declare Outside groups, some overtly aligned could be repurposed for the treatment their opposition to the statement. That with the Democrats, have already put of rare diseases. Repurposing drugs is is a little odd, given that the state- forward budget scores for the House

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.074 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4821 blueprint and the President’s tax cluding a number of our Senate col- the Finance Committee participated in framework, even though there are not leagues and the two most recent Demo- the healthcare reform process, with enough specifics in place to score any- cratic Presidents—have expressed sup- hearings, roundtables, and bipartisan thing yet. Those scores, generated by port for lowering the U.S. corporate discussion groups, before we were shut whatever is in the imagination of the tax rate, which is the highest in the in- out of the final ObamaCare bill. Repub- outside groups, and not based on any dustrialized world. licans did not operate as though there facts, tell tall tales. They say there Prominent Democrats, including the was a prerequisite of no reconciliation will be tax cuts for the rich, big busi- distinguished minority leader, have before discussion could occur. nesses and a parade of horrors. Demo- publicly supported reforms to our In 2013, with a $1 trillion tax-hike crats here in the Senate, as well, have international tax system in order to reconciliation instruction in place, spoken of the horrors of the Republican make American businesses more com- Senate Republicans in the Finance ‘‘tax plan,’’ even though there is not a petitive and prevent erosion of our tax Committee participated in discussions detailed plan in place. Again, the hor- base. that produced 10 bipartisan tax option rors represent pure fiction. Both of these concepts are promi- papers; we participated in what was It is simply not the case that a bill is nently mentioned in our joint state- called a blank slate approach to tax re- being drafted behind closed doors. It ment. form; and we participated in discussion was never going to be the case. I have The statement also talks about tax draft conversations. Republicans did stated several times in recent months relief for middle-class families and re- not operate as though there was a pre- that I intended to have a robust and duced burdens on small businesses. requisite of no reconciliation before transparent process for tax reform in Democrats, last time I checked, were discussion could occur. the Senate. The joint statement con- largely in favor of this as well. Now, our friends on the other side are firms that both chambers of Congress So long story short, there is nothing critical of us when we follow the path will take that kind of approach. in the statement, either in terms of they, themselves, took. They are in- The Finance Committee is already process or policy, that should discour- sisting that we do what they would not hard at work. We have been talking age a number of Democrats from get- do when similarly situated. They are about specific reform proposals for ting on board with this effort. not participating on the same con- months now, and every member on the Yet, earlier this week, every member structive basis we did when we were in majority side of the committee is of the Senate Democratic Caucus—ex- their place. From their leader on down, ready to do the work. More broadly, cept three—signed onto a letter they they act as if the past does not exist or the committee has been at work in a purported to be a call for compromise that we are ignorant of it. Before ap- bipartisan way on tax reform for many and bipartisanship. However, if you plying too clever a rhetorical lash to years now. read the details of the letter, it was those on this side, my friends on the We have a number of great members really a set of up-front demands pep- other side should heed the advice of on the Finance Committee, all of pered in between political attacks. Lord Byron: ‘‘Keep thy smooth words whom—at least on the Republican First and foremost, my colleagues de- and juggling homilies for those who side—are committed to working toward manded in their letter that Repub- know thee not.’’ this effort. I will continue to gather licans not use budget reconciliation to If Democrats will work with us to their input with an eye toward crafting move a tax reform bill. reach agreement on the substance of a tax reform bill and moving it through That has been a precondition for tax reform, the process by which it the committee this fall. Once again, Democratic involvement in this effort moves through the Senate shouldn’t the committee process is going to be for months now, among other demands really be a concern. Any implication robust; I intend to hold multiple hear- unrelated to tax reform, and, as I have that the process will necessarily dic- ings and full markup. said many times, it is preposterous. tate the substance is misleading. The joint statement also noted that The demand that Republicans agree up- Ideally, the tax reform process would Republican leaders hoped that our front to a particular process is really be bipartisan, particularly here in the Democratic colleagues would be willing unprecedented and, not to put too fine Senate. That would be the best-case to participate in this effort. a point on it, a little nonsensical. scenario for the effort. That should be no surprise. I have If Democrats are willing to engage in In a perfect world, reconciliation been calling on my Democrat friends to good faith on tax reform, why would would not be necessary. work with us on tax reform for months, they first demand that we ensure their For that to happen, the Democrats even years. ability to block it from ever even com- would have to be willing to engage in a For months now, I have been come to ing to the floor before they would be reasonable manner. In my view, open- the floor on multiple occasions to ask willing to engage on the substance? ing the discussion with a demand that my Democratic friends to come to the The logic is a little dizzying, to say the Republicans unilaterally disarm and table. least. commit to not using the tools we have I held a bipartisan hearing on tax re- On top of that, if reconciliation re- under the rules of the Senate—the very form in the Finance Committee just a mains on the table, why would that tools that have been used by both sides few weeks ago, where we heard from stop Democrats from agreeing on the in the past—smacks of disingenuous- experts on both sides of the aisle. substance? ness. If they are truly willing to engage Earlier this week, the committee had Obviously, budget reconciliation constructively on these efforts—and I another bipartisan hearing, this one on gives the majority the tools it needs to hope they are—we should begin by affordable housing. Of course, most of move legislation—under specified rules talking about the substance, not deal- the Federal affordable housing incen- and conditions—without the threat of a ing with process demands. tives are found in the Tax Code, mean- filibuster, but nothing in the rules re- I hope that what we are seeing is posing that issue will undoubtedly be part quires reconciliation to be partisan. In turing. I hope that my Democratic col- of the larger discussion. fact, historically speaking, tax bills leagues will recognize the significance These hearings are just the latest in moved through reconciliation tend to of the unity expressed in last week’s very long line of bipartisan, tax-related get bipartisan support. For example, joint statement and get on board for hearings in the Finance Committee. the so-called Bush Tax Cuts of 2001 and what will hopefully be a historic effort. So there really shouldn’t be any 2003 were passed through reconcili- If they do not, Republicans should be doubt that, when I sign onto a state- ation; yet there were both Republicans willing to use the tools at our disposal ment that includes a call for biparti- and Democrats voting in favor of the to move tax reform without Demo- sanship, the call is both serious and package. cratic support. That would include rec- sincere. Recent history shows that working onciliation. In addition, there is quite a bit of bi- together on the substance of policy is The majority leader has indicated partisan agreement over the policy not precluded by the existence of a rec- that he is willing to go that way. I am principles noted in joint statement. onciliation instruction. willing to go that way as well. As I said here on the floor just a few In 2009, with a reconciliation instruc- However, to get us to the point, a weeks ago, a number of Democrats—in- tion in place, Senate Republicans in number of things have to happen, not

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.077 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4822 CONGRESSIONAL RECORD — SENATE August 3, 2017 the least of which is the passage of ‘‘Given our shared sense of purpose, the all diseases impacting children, not budget resolution. For now, I am focus- time has arrived for the two tax-writing just those with cancer. While we were ing on the substantive policies and pro- committees to develop and draft legislation unable to go that far in this bill, we posals, and I will keep working with that will result in the first comprehensive were able to add a study of this issue. tax reform in a generation. It will be the remy colleagues on the Finance Com- sponsibility of the members of those com- I look forward to seeing the results and mittee to deliver on the tasks we were mittees to produce legislation that achieves working with my colleagues to expand charged in the joint statement. the goals shared broadly within Congress, these requirements in subsequent legis- There being no objection, the mate- the Administration, and by citizens who lation. I am also concerned that this rial was ordered to be printed in the have been burdened for too long by an out- legislation does nothing to limit the RECORD, as follows: dated tax system. Our expectation is for this ability of drug companies to benefit [July 27, 2017] legislation to move through the committees from exemptions from current pedi- this fall, under regular order, followed by JOINT STATEMENT ON TAX REFORM atric study requirements. I filed an consideration on the House and Senate WASHINGTON.—Today, House Speaker Paul floors. As the committees work toward this amendment to FDARA to close the Ryan (R–WI), Senate Majority Leader Mitch end, our hope is that our friends on the other most egregious of these loopholes in McConnell (R–KY), Treasury Secretary Ste- side of the aisle will participate in this ef- which a drug company can technically ven Mnuchin, National Economic Council Di- fort. The President fully supports these prin- be exempted from pediatric study re- rector Gary Cohn, Senate Finance Com- ciples and is committed to this approach. quirements because the treatment mittee Chairman Orrin Hatch (R–UT), and American families are counting on us to de- would only be used for a rare pediatric House Ways and Means Committee Chairman liver historic tax reform. And we will.’’ Kevin Brady (R–TX) issued the following condition. I would hope that my col- joint statement on tax reform: f leagues on both sides of the aisle could ‘‘For the first time in many years, the FDA REAUTHORIZATION BILL agree that this loophole must be American people have elected a President closed. Mr. REED. Mr. President, today, the and Congress that are fully committed to en- FDARA is an important step forward suring that ordinary Americans keep more of Senate passed the Food and Drug Ad- their hard-earned money and that our tax ministration Reauthorization Act of and an example of strong bipartisan policies encourage employers to invest, hire, 2017, FDARA, to reauthorize user fees health legislation in this Congress. I and grow. And under the leadership of Presi- and other programs at the FDA to en- hope that we can continue this work, dent Trump, the White House and Treasury sure that new, safe, and effective treat- and not return to the partisan efforts have met with over 200 members of the to repeal the Affordable Care Act that House and Senate and hundreds of grassroots ments get to patients in need as quickly as possible to save lives and greatly occupied this body for much of the and business groups to talk and listen to year. ideas about tax reform. increase quality of life. While I have ‘‘We are all united in the belief that the long preferred that Congress appro- Mr. MENENDEZ. Mr. President, I am single most important action we can take to priate funding to the FDA for this pur- pleased the Senate advanced H.R. 2430, grow our economy and help the middle class pose to avoid any conflicts of interest, the FDA Reauthorization Act. This bi- get ahead is to fix our broken tax code for I have supported user fee bills and will partisan, bicameral legislation ensures families, small business, and American job Americans will continue to have access creators competing at home and around the do so again today, as it represents a bipartisan pathway for timely drug ap- to safe medications and the FDA has globe. Our shared commitment to fixing the tools they need to continue our Na- America’s broken tax code represents a once- provals. I am pleased that this legisla- in-a-generation opportunity, and so for three tion increases the amount of funding tion’s approval process remains the months we have been meeting regularly to that drug and device companies will gold standard. I am also pleased to see develop a shared template for tax reform. contribute to the approval process. tropical disease priority review vouch- ‘‘Over many years, the members of the However, I am disappointed that this er state that a sponsor qualifies for a House Ways and Means Committee and the legislation does not address drug pric- neglected tropical disease priority re- Senate Finance Committee have examined view voucher under existing law until various options for tax reform. During our ing in a comprehensive way, as I have long advocated. I will continue to work September 30, 2017, so long as they sub- meetings, the Chairmen of those committees mit at least one portion of a human have brought to the table the views and pri- with my colleagues to press for Senate orities of their committee members. Build- action on this critical issue. drug application by that date. ing on this work, as well as on the efforts of FDARA includes a number of key I would like to ask Senator ISAKSON the Administration and input from other provisions I worked on to improve the if it is our intention to allow for spon- stakeholders, we are confident that a shared pipeline for new pediatric drugs and de- sors who have been working in good vision for tax reform exists, and are prepared vices. In particular, this legislation faith with the Food and Drug Adminis- for the two committees to take the lead and will reauthorize funding for critical pe- tration on a human drug application begin producing legislation for the President for a product that addresses a ne- to sign. diatric programs such as pediatric clin- ‘‘Above all, the mission of the committees ical trials at the National Institutes of glected tropical disease to qualify for a is to protect American jobs and make taxes Health and the Pediatric Device Con- priority review voucher, as long as simpler, fairer, and lower for hard-working sortia grants under the FDA. In addi- they begin a rolling submission to the American families. We have always been in tion, this legislation will spur more pe- agency by September 30, 2017? agreement that tax relief for American fami- diatric drug development because of Mr. ISAKSON. Mr. President, as my lies should be at the heart of our plan. We colleague Senator MENENDEZ indicated, also believe there should be a lower tax rate critical reforms to require drug compa- for small businesses so they can compete nies to begin consideration of pediatric the intent of the language in the FDA with larger ones, and lower rates for all studies earlier in the drug development Reauthorization Act is this: so long as American businesses so they can compete process. FDARA also takes important the submission process for a given with foreign ones. The goal is a plan that re- steps to spur drug development for and product is begun by the sponsor on or duces tax rates as much as possible, allows better consideration of the needs of before September 30, 2017, the product unprecedented capital expensing, places a neonates, recognizing that treatments would qualify for a priority review priority on permanence, and creates a sys- for infants must be considered dif- voucher under the neglected tropical tem that encourages American companies to disease priority review voucher pro- bring back jobs and profits trapped overseas. ferently than for teenagers. And we are now confident that, without Having worked for many years to im- gram. transitioning to a new domestic consump- prove access to care for children with Mr. MENENDEZ. Mr. President, I tion-based tax system, there is a viable ap- cancer and childhood cancer survivors, thank my colleague, Senator ISAKSON, proach for ensuring a level playing field be- I am also pleased to support the bill’s for clarifying the language. It is impor- tween American and foreign companies and new requirements for more pediatric tant to provide this clarity to ensure workers, while protecting American jobs and studies on treatments for cancer. These products, for which at least one portion the U.S. tax base. While we have debated the provisions are designed to spur new and of the application is submitted in ac- pro-growth benefits of border adjustability, we appreciate that there are many unknowns better treatments for children suf- cordance with Section 506(d) of the associated with it and have decided to set fering from cancer. However, I believe Food, Drug & Cosmetic Act by Sep- this policy aside in order to advance tax re- that we should be making these tember 30, 2017, qualify for the vouch- form. changes to support new treatments for ers under current law.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.078 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4823 CONFIRMATION OF MARVIN ment of Homeland Security, per- arrival provided much-needed relief to KAPLAN forming its 11 critical, statutory mis- the allied soldiers fighting on the Mr. VAN HOLLEN. Mr. President, I sions. Italian front. Led by Major General voted in opposition to the nomination Right now, there are courageous John E. Sloan, the 88th was the first di- of Marvin Kaplan to the National young men and women aboard buoy vision to enter the newly liberated Labor Relations Board, NLRB. The tenders and icebreakers, ensuring our Rome. After 100 straight days of acti- NLRB has an important responsibility waterways remain open for commerce. vation, the Blue Devils were finally to resolve labor disputes, protect work- Fast response cutters patrol the seas, scheduled to receive a much-needed er rights, and ensure fair access to col- enforcing the law and conducting respite from the war. However, MG lective bargaining. Mr. Kaplan does not search-and-rescue missions. Small boat Sloan quickly instituted a training stations enforce our laws while edu- have experience arguing the law before regimen that kept his soldiers in fight- cating the public on safe-boating prac- the NLRB; rather, he has a history of ing condition, and they were ordered to tices. As a ready and capable partner working to erode its authority to pro- head north to combat the Germans and to a multitude of Federal, State, and tect the workforce. provide support for American soldiers As a staffer on the House Committee local agencies, the Coast Guard does so in Northern Italy. on Education and the Workforce, Mr. much more, from responding to oil For 344 days, the 88th Infantry fought Kaplan has worked on legislation to spills to combating drug trafficking. to protect our American values during In times of war or at the direction of overturn key NLRB decisions and World War II. At the beginning of the the President, the Coast Guard val- delay and distort the union election war, MG Sloan promised, ‘‘the glory of iantly serves as part of the Navy De- the colors will never be sullied, as long process. He has provided no assurance partment. that he would recuse himself from as one man of the 88th still lives.’’ Al- As you can see, the Coast Guard is a though many lives were lost, the 88th issues pertaining to his prior work that small but mighty organization. As might lead to bias. Throughout his ca- Infantry Division was deactivated in ranking member of the Commerce October 1947, having fulfilled MG reer, he has pursued policies that Committee, I have had the privilege to would undermine worker protections. Sloan’s promise. meet many of the men and women of In April 1996, the 88th ID was redesig- He should not be appointed to a board our Coast Guard and see their valuable that is charged with safeguarding nated as the 88th RSC. Headquartered work firsthand. in Fort McCoy, WI, the 88th RSC pro- them. Through all the passing decades, vides logistical and administrative sup- President Trump has repeatedly some things about the Coast Guard port for Army Reserve soldiers. Wheth- promised to put the American worker have always been the same: the serv- er they are providing training logistics, first. The NLRB has a key role to en- ice’s proud tradition and the skill and sure a fair deal for workers. It is unfor- professionalism of its men and women equipment maintenance or medical tunate that the President’s nominees whose sacrifices contribute to pro- support, the members of the 88th RSC for the Board have not demonstrated a tecting our national security. The are making a difference for servicemen commitment to that mission. Coast Guard’s core values of honor, re- and servicewomen from Wisconsin all f spect, and devotion to duty are evident the way to the Pacific Coast. in everything it does. As the Coast Today the 88th ID lives on through 227TH ANNIVERSARY OF THE the 88th Regional Support Command. UNITED STATES COAST GUARD Guard motto says, Semper Paratus, it is always ready for the call. Having fought in the Vietnam war, Op- Mr. NELSON. Mr. President, on Au- I want to congratulate and express eration Desert Shield/Storm, Bosnia, gust 4, the U.S. Coast Guard will cele- our sincere gratitude to the men and Kosovo, Operation Enduring Freedom, brate its 227th anniversary. On this women of the Coast Guard on 227 out- and Operation Iraqi Freedom, the sol- special occasion, I want to commend standing years of exemplary service to diers of the 88th RSC continue to sup- the men and women of the Coast Guard our Nation. port the more than 55,000 U.S. Army for their valiant service on, under, and Reserve soldiers, families, and civilians f over our Nation’s high seas and waters. across the United States. I am proud to They have a proud history. 100TH ANNIVERSARY OF THE 88TH recognize 100 years of their remarkable Most Americans know the Coast REGIONAL SUPPORT COMMAND service and accomplishments. Guard for its orange and white heli- Ms. BALDWIN. Mr. President, today f copters, fast small boats, cutters, and I wish to honor the 100th anniversary REMEMBERING RICHARD DUDMAN rescue swimmers, but they probably of the 88th Regional Support Com- don’t know that the Coast Guard is one mand. I am humbled to recognize the Ms. COLLINS. Mr. President, Rich- of our country’s oldest institutions of men and women who are bravely fight- ard Dudman, one of our Nation’s most the U.S. Government. ing for our country’s freedom. esteemed journalists, passed away at On August 4, 1790, President George The 88th Regional Support Com- his Maine home last night. I rise today Washington signed the Tariff Act, au- mand, RSC, began as the 88th Infantry in tribute to a great American reporter thorizing construction of the first 10 Division, ID. Organized in August 1917 and engaged citizen. cutters of what would eventually beat Camp Dodge, IA, the members of the After serving in the Merchant Marine come the Coast Guard. They were ‘‘Cloverleaf Division’’ fought among and U.S. Navy Reserve during World known as the revenue cutters, and the Allied Forces in the Alsace Cam- War II, Mr. Dudman began his jour- their original mission was to enforce paign. They returned home following nalism career at the Denver Post in tariffs and trade laws and to prevent the war, and the Army demobilized the 1945 and joined the St. Louis Post-Dis- smuggling. For more than a hundred unit in June 1919. patch 4 years later. In his more than years, the cutters and their crew oper- Three years later, the 88th reformed three decades at the Post-Dispatch, he ated under the names Revenue Marine within the Organized Reserve, with covered Fidel Castro’s Cuban revolu- Service and the Revenue Cutter Serv- headquarters in Minneapolis and subor- tion, the assassination of President ice. Not until 1915, when Congress dinate units elsewhere in Minnesota, John F. Kennedy, the Bay of Pigs inva- merged the Revenue Cutter Service and Iowa, and North Dakota. The 88th ID sion, the Watergate and Iran-Contra the U.S. Life-Saving Service, did the mobilized in 1942 to serve the United scandals, as well as armed conflicts Coast Guard gets its name. States in World War II. It was one of from the Middle East and Asia to Cen- Over time, the Coast Guard has be- the first units comprised solely of tral and South America. come synonymous with saving those in drafted soldiers. Despite a lack of expe- In 1970, while covering the Vietnam peril on the sea. Their wide red bar and rience, the 88th quickly gained a rep- war, Mr. Dudman was captured by the narrow blue bar, canted at 64 degrees, utation as an effective unit of well- Viet Cong and held prisoner in Cam- will always be a sign of assistance to trained soldiers, which the Germans re- bodia, a harrowing experience he wrote mariners in danger. ferred to as the ‘‘Blue Devils.’’ about in his acclaimed book, ‘‘Forty Today, in times of peace, the Coast The 88th ID fought on the front lines Days With the Enemy.’’ In 1981, on his Guard operates as a part of the Depart- during the 1944 Italian campaign. Its last day as Washington bureau chief for

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.037 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4824 CONGRESSIONAL RECORD — SENATE August 3, 2017 the Post-Dispatch, he ran up Con- by example. Despite years of chal- mittee in Fort Smith, which allowed necticut Avenue to cover the at- lenging work schedules and countless residents to interact more with govern- tempted assassination of President military obligations, Chief Walker ment officials. Ronald Reagan. For some of the most elected to make his education a pri- Dick helped develop a bird sanctuary momentous events of the second half of ority. Since 2005, he has earned two as- in conjunction with the Audubon Soci- the 20th Century, Richard Dudman sociate degrees, a bachelor’s degree, ety earning him the nickname ‘‘The wrote the first draft of history. two master’s degrees, and a graduate- Bird Man.’’ After retiring and moving to Ells- level certificate. Furthermore, Chief Additionally, Dick was active in the worth and Little Cranberry Island in Walker’s outstanding performance has Fort Smith Parks and Recreation De- Maine, Mr. Dudman continued to con- garnered numerous accolades, includ- partment and the U.S. Forest Service. tribute to the Post-Dispatch and wrote ing the 548th ISR Group’s Lance P. He used these platforms to help bring more than 1,000 editorials for the Ban- Sijan Leadership Award, the Non- environmental consciousness to Arkan- gor Daily News. Among his many acco- commissioned Officer Academy’s Dis- sas. lades are the prestigious George Polk tinguished Graduate Award, the Senior His civic involvement and willing- Career Award in Journalism and induc- Noncommissioned Officer Academy’s ness to help the community made Dick tion into the Maine Press Association Distinguished Graduate Award and a well-respected community leader, Hall of Fame. Academic Achievement Award. even though he never held elected of- Mr. Dudman combined his journal- As a true testament to Chief Master fice. Then-Fort Smith Mayor Bill Vines istic professionalism with a spirit of Sergeant Walker’s exceptional career, made Dick an honorary city director. serving others. In 2014, he and his wife, he was selected to represent the U.S. My thoughts and prayers are with his Helen, were presented with the Golden Air Force on Capitol Hill as its sole en- family and friends as they mourn his Eagle Award from the Boy Scouts of listed legislative fellow in 2016. I was loss, but I know that they are also in- America for their commitment to com- fortunate to have Chief Walker spend credibly proud of the legacy that Dick munity service, a quality that ran the year in my office as an integral leaves behind.∑ through their remarkable 69 years of part of Team BOOZMAN and was pleased f marriage. with his professionalism, character, In this time of sorrow, I offer my TRIBUTE TO SPENCER M. HOULDIN and devotion to duty. His tireless ef- deep condolences to Helen and their ∑ Mr. MURPHY. Mr. President, today family. I hope they will find comfort in forts were critical to the passage and implementation of Public Law 144–292, I wish to recognize Spencer M. Houldin Richard’s inspiring legacy and in a life of Roxbury, CT, as he nears the end of well-lived. It has been said that we all the Combat-Injured Veterans Tax Fair- ness Act of 2016. Moreover, Chief Walk- his term as the 112th chairman of the have a birth date and a death date, Independent Insurance Agents & Bro- with a dash in between. It is what we er led a bipartisan effort to protect the Defense Department’s basic allowance kers of America, also known as the Big do with our dash that counts. Richard I. Spencer was installed as chairman of Dudman’s dash was extraordinarily for housing by educating 18 Senators on the impact for military members. the Big I in September 2016, becoming long, and he made it count. He filled it the youngest person to serve as chair- with passion, professionalism, and Finally, he played a key role in the successful execution of the Senate Air man in the association’s 120-year his- dedication. May his memory inspire us tory. Throughout his term, even when all to do the same. Force Caucus agenda by increasing service engagement opportunities with he and I disagreed, Spencer was always f Members of Congress. a thoughtful and dedicated advocate TRIBUTE TO CHIEF MASTER SER- Chief Walker, congratulations on for independent insurance agents. GEANT ROBERT ‘‘TREY’’ WALKER your well-deserved promotion and suc- Prior to becoming the chairman, Spencer often served as a leader in the Mr. BOOZMAN. Mr. President, today cessful career thus far. I am so proud of independent agency system. He chaired I wish to recognize and congratulate a your many accomplishments and wish the Big I national Government Affairs tremendous airman, CMSgt Robert the very best for you and your family ‘‘Trey’’ Walker, on his recent pro- in the future. Committee in 2009 and served as the president of the Connecticut Big I asso- motion to the highest enlisted rank f within the U.S. Air Force, effective Au- ciation in 2004. In these leadership posi- ADDITIONAL STATEMENTS gust 1, 2017. Selection for chief master tions, Spencer consistently promoted sergeant is extremely competitive, as an environment where independent only 1 percent of the Air Force’s entire agents, in both Connecticut and across REMEMBERING RICHARD ‘‘DICK’’ the country, could both thrive in their enlisted population may hold the pay GORDON, JR. grade of E–9 at any time. Chief Walker business and represent their customers ∑ clearly epitomizes the finest qualities Mr. BOOZMAN. Mr. President, today with the highest quality of care. of a military leader, as evidenced by I wish to recognize the life and legacy Spencer has consistently served his his distinguished career and elevation of Arkansas World War II veteran and community in Connecticut. He resides to the highest enlisted level of leader- civic activist Richard ‘‘Dick’’ Gordon, in Roxbury, CT, with his wife, Carol, ship within the Air Force. Jr., who recently passed away. and two sons, Chandler and Carter. Chief Master Sergeant Walker en- Dick dedicated his life to regional Spencer is president of Ericson Insur- tered the U.S. Air Force on September conservation and civic issues. He en- ance Services in Washington Depot, 11, 1996, as a voice network systems couraged involvement in local govern- CT, where he has 25 years of experience specialist and was later selected for re- ment and leaves behind a legacy as a as a personal insurance advisor, work- training into the field of imagery intel- respected community leader. ing alongside his brother Peter. He cur- ligence. Chief Walker’s honorable serv- His father, Colonel Richard Gordon, rently sits on the board of the Western ice has spanned numerous overseas and Sr., a decorated WWI and WWII vet- Connecticut Health Network, which is stateside assignments including four eran, set an example that his son fol- comprised of Danbury Hospital, Nor- European countries, two States, and lowed. During World War II, the young- walk Hospital, and New Milford Hos- the Nation’s Capital. He has also com- er Gordon served as second lieutenant pital. He has been involved with the pleted several deployments in support in the Army’s 13th Field artillery unit, health network in various capacities of Operations Desert Fox, Northern 24th Infantry Division, and earned recover the past 20 years. He recently co- Watch, and Enduring Freedom. Chief ognition for his service to our country. chaired a $72 million capital campaign Walker currently serves as the deputy As a community leader in the Fort for Danbury and New Milford Hos- chief of strategic basing and force Smith area, Dick made a big impact on pitals. In July 2017, Litchfield Maga- structure in the Office of the Secretary numerous agencies and projects. He zine named Spencer one of Litchfield of the Air Force’s legislative liaison di- championed veterans’ issues and helped County, Connecticut’s 25 most influen- rectorate. address public school issues with the tial people. Chief Master Sergeant Walker has help of the parent teacher association. Today, I am pleased to join Spencer’s chosen to repeatedly lead his airmen He formed the public awareness com- colleagues from across Connecticut and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.033 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4825 the Nation in congratulating him as he For many in Dorchester, he will be Interstate 20, as well as his efforts to finishes his term as chairman of the remembered for his relentless spirit, utilize the Dyne Creek watershed to Big I.∑ tenacity for life, and heart for people. service the citizens of Cleburne County f He never met a stranger and was al- with a countywide water system. ways eager to lend a helping hand. Outside of his professional career, 100TH ANNIVERSARY OF THE MIN- Yockie loved and adored his family, Mr. Merrill was a very active member NESOTA-DAKOTAS KIWANIS DIS- and next to God and his faith, they of his community. He served as presi- TRICT CONVENTION were always his top priority in life. He dent of the Lions Club, the Jaycees, ∑ Mr. ROUNDS. Mr. President, today I was a true provider, mediator, demon- and the local Athletics Boosters Club. wish to recognize the 100th anniversary strator, and imitator of Godly char- In his earlier years, Mr. Merrill was an of the Minnesota-Dakotas Kiwanis Dis- acter. He will surely be missed among accomplished athlete. He lettered in trict Convention. family, friends, and the community of both baseball and football and then at- Founded in 1915, Kiwanis Inter- Dorchester as a great American and tended Southern Union Junior College national is a global organization of vol- South Carolinian.∑ on an athletic scholarship. He later unteers dedicated to serving the chil- served as the announcer for Little f dren of the world. With a motto of League and junior high football games ‘‘One Child and one Community at a 150TH ANNIVERSARY OF NEW in Cleburne County and helped orga- time,’’ Kiwanis members dedicate more LIGHT BEULAH BAPTIST CHURCH nize the first youth baseball program than 18 million volunteer hours and in- ∑ Mr. SCOTT. Mr. President, I would in Heflin. vest more than $107 million in projects like to congratulate and honor New Additionally, Mr. Merrill was a long- that strengthen communities and serve Light Beulah Baptist Church in Hop- time member in the Cleburne Baptist children. These projects include help- kins, SC, for their 150th anniversary, Association, serving as an officer and ing shelter the homeless, feeding the which will be celebrated on August 11 pastor of several churches. A member hungry, mentoring the disadvantaged, to 13, 2017. of Heflin Baptist Church for more than caring for the sick, developing the New Light Beulah Baptist Church 50 years, Mr. Merrill served as a dea- youth as leaders, building playgrounds, was established in 1867 when 665 Afri- con, a Sunday school teacher, Sunday raising funds for pediatric research, can-American members of Beulah Bap- school superintendent, church training and much more. tist Church chose to separate from the director, and sanctuary choir member. Today the Minnesota-Dakotas Dis- White members and began independent Horace’s many accomplishments and trict of Kiwanis has over 4,000 mem- rule. Despite the sanctuary burning to contributions to the State of Alabama bers. With a club slogan of ‘‘Serving the ground in 1916, the church thrived will long be remembered. He touched the children of the World,’’ the chapter and expanded. Since then, several other the lives of many over the years, and supports a range of programs, includ- churches have been formed out of New he will be greatly missed. ing Kiwanis Kids—elementary stu- I offer my deepest condolences to Light Beulah Baptist. In 2015, the dents—Builder’s Club—middle school Horace’s wife, Mary, and to all of their members accepted Dr. Malcolm Taylor students—Key Club—high school stu- loved ones as they celebrate his life as their pastor, and over 360 members dents—and Circle K—college students. and mourn this great loss.∑ call New Light Beulah their place of In addition, the chapter supports worship today. f Aktion clubs for adults with disabil- In August 2017, New Light Beulah ities. These programs allow our youth RECOGNIZING THE NORTHWEST Baptist Church will be the first Afri- and adults to build character, leader- MONTANA CHAPTER OF VIET- can-American church in the lower ship skills and learn more about them- NAM VETERANS OF AMERICA Richland community to be registered selves and their communities. ∑ Mr. TESTER. Mr. President, today I I congratulate the Kiwanis Inter- in the National Register of Historic wish to honor the Vietnam Veterans of national Minnesota-Dakotas District of Places. The church has remained com- America and the work Mr. John Bur- Kiwanis International on their 100th mitted to its mission, and I encourage gess and the local Flathead Valley convention and thank them for their all South Carolinians to recognize the chapter has done on behalf of his fellow leadership and dedication to children rich history of the church and its con- veterans of the Vietnam war. and to their communities. May they tribution to the Palmetto State. I ac- During that war, more than 2.5 mil- continue to thrive for the 100 years to knowledge and celebrate the church’s lion Americans fought bravely in serv- come.∑ 150 years of independence as a con- ice to their country. While more than gregation faithfully serving their com- f 58,000 of those men and women gave the munity.∑ ultimate sacrifice, many more endured REMEMBERING ELIJAH ‘‘YOCKIE’’ f and are still here with us today. How- DELEE ever, it has not been an easy road for REMEMBERING HORACE MERRILL ∑ Mr. SCOTT. Mr. President, today I these veterans. For far too long, vet- would like to take a moment to recog- ∑ Mr. SHELBY. Mr. President, today I erans of the Vietnam war have received nize and honor the life of a great South wish to honor the life of Horace Sellers neither the recognition nor the bene- Carolinian and American veteran, Mr. Merrill of Micaville, AL, who passed fits that they truly deserved. Elijah ‘‘Yockie’’ DeLee, who departed away on February 17, 2017. He will be As ranking member of the Senate this life on July 20, 2017. remembered as a dedicated public serv- Veterans’ Affairs Committee, it has Elijah was a lifelong resident of Dor- ant who worked faithfully for the citi- been my honor to fight for legislation chester County, SC, where he worked zens of Alabama. He was committed to that rectifies this oversight like the tirelessly as a beloved deacon at Sur- bettering his community and State Blue Water Navy Vietnam Veterans prise Baptist Church. He was drafted through his public service and involve- Act that would allow veterans who into the Vietnam war shortly after ment in the community. served in the waters offshore during graduating high school and showed per- Mr. Merrill began a career with the the Vietnam war to also be eligible for severance until he was honorably dis- Dixie Mines Mica Mining Company in service-connected disability benefits as charged. He possessed an entrepre- the late 1950s before entering Alabama a result of agent orange exposure. I neurial spirit and followed his passion politics. In 1964, he was elected circuit have also proudly sponsored the Toxic for drag racing to help open South clerk of Cleburne County, a position he Exposure Research Act which increases Carolina’s first minority-owned held for 12 years. Following his term as research into the health conditions of dragway: Dorchester Dragway. He con- circuit clerk, Mr. Merrill was elected descendants of veterans who were ex- tinued his business endeavors with the probate judge and chairman of the posed to toxins during their military opening of DeLee One Trucking Com- Cleburne County Commission, where he service, particularly those exposed to pany, still a staple in Dorchester served for 6 years. the herbicide agent orange during the today. In success, Elijah always exem- Mr. Merrill will be remembered for Vietnam war. plified respect, humility, and gen- his leadership in completing the Ala- Honoring these veterans takes more erosity. bama welcome center and rest area on than just legislation; it takes dedicated

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.032 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4826 CONGRESSIONAL RECORD — SENATE August 3, 2017 people who are committed to telling George Haerle’s renowned service was EXECUTIVE MESSAGES REFERRED their stories and honoring those who rightfully recognized on July 29, 2017, As in executive session the Presiding have served. The local northwest Mon- when Governor Eric Holcomb bestowed Officer laid before the Senate messages tana chapter of the Vietnam Veterans upon him Indiana’s most prestigious from the President of the United of America in the Flathead Valley, designation, a Sagamore of the Wa- States submitting sundry nominations which now has more than 100 members, bash. George follows in the footsteps of which were referred to the appropriate has been an important partner working his father, Rudolf K. Haerle, who was committees. to ensure veterans who fought in the also recognized as a Sagamore of the (The messages received today are Vietnam war are receiving the care, Wabash for his contributions to the printed at the end of the Senate pro- honor, and distinction they have State as the first president of the Civil ceedings.) earned. War Round Table and a former long- The Vietnam Veterans of America time member of the Library Board of f has become an invaluable part of the the Indiana Historical Society. MEASURES READ THE FIRST TIME George has not only been a role community, hosting bingo events at The following bill was read the first model for the NCC, but he has also the Montana veterans home, providing time: residents and staff with an annual pic- been an outstanding advocate for the S. 1757. A bill to strengthen border secu- nic, helping with many ceremonies, community of Nora-Northside. His remarkable service is exceeded only by rity, increase resources for enforcement of and working with the Flathead Valley immigration laws, and for other purposes. Community College Veterans with a his devotion to his amazing family, in- f scholarship for veteran students. cluding 7 daughters, 1 son, and 18 John Burgess and the northwest grandchildren. On behalf of myself and REPORTS OF COMMITTEES all Hoosiers, for his selfless and life- Montana chapter of the Vietnam Vet- The following reports of committees long commitment, George is worthy of erans of America are carrying on this were submitted: the highest praise. I feel truly privi- legacy of service September 7 to 10 By Mr. BARRASSO, from the Committee with the arrival of the traveling Viet- leged to have him as a fellow and life- ∑ on Environment and Public Works, without nam veterans memorial wall in Kali- long Hoosier. amendment: spell. Through ‘‘Bringing the Wall that f S. 1359. A bill to amend the John F. Ken- Heals,’’ countless Vietnam veterans 90TH ANNIVERSARY OF BOY nedy Center Act to authorize appropriations for the John F. Kennedy Center for the Per- and their families with be presented SCOUT TROOP NO. 533 with an opportunity to find peace and forming Arts, and for other purposes (Rept. ∑ Mr. YOUNG. Mr. President, it is my closure while honoring those we have No. 115–144). great pleasure to pause and recognize By Mr. THUNE, from the Committee on lost in service. This special event helps the accomplishments of Boy Scout Commerce, Science, and Transportation, mark the 35th anniversary of the Viet- Troop No. 533 from my home State of with an amendment in the nature of a sub- nam Veterans Memorial. Indiana. For the past 90 years, Boy stitute: On Veterans Day of 1996, the Vietnam Scout Troop No. 533 in Munster, IN, has S. 1057. A bill to amend the Harmful Algal Veterans Memorial Fund unveiled a Bloom and Hypoxia Research and Control been instilling the values of respect, half-scale replica of the Vietnam Vet- Act of 1998 to address harmful algal blooms, honesty, and leadership in young Hoo- erans Memorial in Washington, DC, de- and for other purposes (Rept. No. 115–145). siers that have had a lasting impact on signed to travel to communities By Mr. HATCH, from the Committee on Fi- our State. I am very proud of troop No. throughout the United States. Since nance, with an amendment in the nature of 533 for all of their service over the past a substitute: its dedication, the ‘‘Wall That Heals’’ 90 years and applaud their dedication S. 870. A bill to amend title XVIII of the has visited more than 400 cities and to bettering their community. Social Security Act to implement Medicare towns throughout the Nation, spread- Boy Scout Troop No. 533 was formed payment policies designed to improve man- ing the memorial’s healing legacy to in 1927 by Munster native Mr. Muary agement of chronic disease, streamline care coordination, and improve quality outcomes millions. Kraay when he was in eighth grade. To John, the northwest Montana without adding to the deficit (Rept. No. 115– Since its founding, troop No. 533 has 146). chapter of the Vietnam Veterans of been active in their community. Dur- America and all those who dedicated By Mr. THUNE, from the Committee on ing World War II, the Boy Scouts orga- Commerce, Science, and Transportation, their lives to this country in service, nized parades and rallies for war bonds, without amendment: on behalf of myself, Montana, and our planted community gardens, practiced S. 1393. A bill to streamline the process by Nation, I extend my greatest thanks blackout drills, and participated in which active duty military, reservists, and for your enduring bravery, service, and wartime recycling programs. On June veterans receive commercial driver’s li- ∑ self-sacrifice. 14, 1947, when President Coolidge dedi- censes. f S. 1532. A bill to disqualify from operating cated Wicker Park in Highland, IN, a commercial motor vehicle for life an indi- TRIBUTE TO GEORGE S. HAERLE troop No. 533 was there to welcome vidual who uses a commercial motor vehicle ∑ him. The Boy Scouts also had a crucial in committing a felony involving human Mr. YOUNG. Mr. President, today I role during the September 2008 flooding wish to recognize, with the highest re- trafficking. of the Little Calumet River. In antici- By Mr. THUNE, from the Committee on spect, the service and life of George pation of the flood, troop No. 533 as- Commerce, Science, and Transportation, Shepard Haerle for his dedication to sisted in filling sandbags, and after the with an amendment in the nature of a sub- serving Indiana and the Nora Commu- flood, they assisted in yard cleanup and stitute: nity Council, NCC. Over the course of regraveling driveways. Over the past 90 S. 1536. A bill to designate a human trafficking prevention coordinator and to expand NCC’s 50-year history, George has vol- years, Boy Scout Troop No. 533 has pro- unteered 47 years of his own to leave an the scope of activities authorized under the duced over 100 Eagle Scouts, one of the Federal Motor Carrier Safety Administra- indelible mark on the Nora commu- highest levels of honor a Boy Scout can nity. The great State of Indiana is tion’s outreach and education program to in- achieve. clude human trafficking prevention activi- proud of and ever thankful for George’s I would like to thank Boy Scout ties, and for other purposes. distinguished commitment and exem- Troop No. 533 for their 90 years of out- f plary service. standing public service. On behalf of all Since its founding, the Nora Commu- Hoosiers, congratulations on your 90th EXECUTIVE REPORTS OF nity Council has covered 12 square anniversary.∑ COMMITTEES miles with 25,000 to 28,000 Hoosier resi- f The following executive reports of dents, including 60 local neighborhoods nominations were submitted: under the civic umbrella. As a chair- MESSAGES FROM THE PRESIDENT By Mr. CORKER for the Committee on man of the NCC, George commits hun- Messages from the President of the Foreign Relations. dreds of hours each year to promote United States were communicated to *Jay Patrick Murray, of Virginia, to be Al- growth, development, and the general the Senate by Mr. Pate, one of his sec- ternate Representative of the United States welfare of the Nora community. retaries. of America for Special Political Affairs in

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.039 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4827 the United Nations, with the rank of Ambas- 3. Children and Spouses: N/A. By Mr. BLUMENTHAL (for himself, sador. 4. Parents: Mary Desrocher, none; Roy Mr. SCHUMER, Mrs. GILLIBRAND, and *Jay Patrick Murray, of Virginia, to be an Desrocher—deceased. Mr. MURPHY): Alternate Representative of the United 5. Grandparents: Clifford Desrocher—de- S. 1737. A bill to amend certain appropria- States of America to the Sessions of the ceased; Lilian Desrocher—deceased; Peter tions Acts to repeal the requirement direct- General Assembly of the United Nations, Grant—deceased; Florence Grant—deceased. ing the Administrator of General Services to during his tenure of service as Alternate 6. Brothers and Spouses: Michael sell Federal property and assets that support Representative of the United States of Amer- Desrocher: none. the operations of the Plum Island Animal ica for Special Political Affairs in the United 7. Sisters and Spouses: Victoria Merecki: Disease Center in Plum Island, New York; to Nations. none; James Merecki: none. the Committee on Environment and Public *Michael Arthur Raynor, of Maryland, a Works. By Mr. GRASSLEY for the Committee on Career Member of the Senior Foreign Serv- By Mr. WARNER (for himself, Mr. the Judiciary. ice, Class of Minister-Counselor, to be Am- ISAKSON, Mr. CARDIN, Mr. GRASSLEY, Peter E. Deegan, Jr., of Iowa, to be United bassador Extraordinary and Plenipotentiary Mr. BENNET, Mr. PORTMAN, Ms. KLO- States Attorney for the Northern District of of the United States of America to the Fed- BUCHAR, Mr. ROBERTS, Mr. Iowa for the term of four years. eral Democratic Republic of Ethiopia. BLUMENTHAL, Mr. PERDUE, Mrs. Nominee: Raynor, Michael Arthur. Marc Krickbaum, of Iowa, to be United States Attorney for the Southern District of GILLIBRAND, Mrs. SHAHEEN, Mr. COCH- Post: Ethiopia. RAN, Mr. BROWN, Mr. WICKER, Ms. (The following is a list of all members of Iowa for the term of four years. Jeffrey Bossert Clark, of Virginia, to be an BALDWIN, Mr. KING, and Mr. COONS): my immediate family and their spouses. I S. 1738. A bill to amend title XVIII of the have asked each of these persons to inform Assistant Attorney General. D. Michael Dunavant, of Tennessee, to be Social Security Act to provide for a home in- me of the pertinent contributions made by United States Attorney for the Western Dis- fusion therapy services temporary transi- them. To the best of my knowledge, the in- trict of Tennessee for the term of four years. tional payment under the Medicare program; formation contained in this report is com- Louis V. Franklin, Sr., of Alabama, to be to the Committee on Finance. plete and accurate.) United States Attorney for the Middle Dis- By Mr. MURPHY: Contributions, amount, date, and donee: trict of Alabama for the term of four years. 1. Self: None. S. 1739. A bill to amend title II of the So- Jessie K. Liu, of Virginia, to be United 2. Spouse: Raynor, Kathleen M.: None. cial Security Act to provide that an individ- States Attorney for the District of Columbia 3. Children and Spouses: Raynor, Bradley ual’s entitlement to any benefit thereunder for the term of four years. J.—None; Raynor, Emma C.—None. shall continue through the month of his or Richard W. Moore, of Alabama, to be 4. Parents: Raynor, Albert P.—Deceased; her death (without affecting any other per- United States Attorney for the Southern Raynor, Margaret B.—Deceased. son’s entitlement to benefits for that month) District of Alabama for the term of four 5. Grandparents: Raynor, Albert B.—De- and that such individual’s benefit shall be years. ceased; Raynor, Hazel P.—Deceased; Bradley, payable for such month only to the extent William—Deceased; Bradley, Beatrice M.— *Nomination was reported with rec- proportionate to the number of days in such Deceased. ommendation that it be confirmed sub- month preceding the date of such individ- 6. Brothers and Spouses: Raynor, Gregory ject to the nominee’s commitment to ual’s death; to the Committee on Finance. P.—None; Raynor, Geoffrey B.—Deceased. respond to requests to appear and tes- By Mr. PAUL: 7. Sisters and Spouses: Raynor, Catherine tify before any duly constituted com- S. 1740. A bill to provide guidance and pri- L.—None. orities for Federal Government obligations mittee of the Senate. in the event that the debt limit is reached *Maria E. Brewer, of Indiana, a Career (Nominations without an asterisk and to provide a limited and temporary au- Member of the Senior Foreign Service, Class were reported with the recommenda- thority to exceed the debt limit for priority of Minister-Counselor, to be Ambassador Ex- tion that they be confirmed.) obligations; to the Committee on Finance. traordinary and Plenipotentiary of the f By Mr. TILLIS (for himself and Mr. United States of America to the Republic of COONS): Sierra Leone. INTRODUCTION OF BILLS AND S. 1741. A bill to ensure independent inves- Nominee Maria E. Brewer. JOINT RESOLUTIONS tigations by allowing judicial review of the Post Freetown, Sierra Leone. The following bills and joint resolu- removal of a special counsel, and for other (The following is a list of all members of tions were introduced, read the first purposes; to the Committee on the Judici- my immediate family and their spouses. I and second times by unanimous con- ary. have asked each of these persons to inform By Ms. STABENOW (for herself, Mr. sent, and referred as indicated: me of the pertinent contributions made by BROWN, Ms. BALDWIN, Mr. WHITE- them. To the best of my knowledge, the in- By Mr. WHITEHOUSE (for himself and HOUSE, Mr. LEAHY, Mr. MERKLEY, Mr. formation contained in this report is com- Mr. PORTMAN): REED, Mr. FRANKEN, and Mr. BOOK- plete and accurate.) S. 1732. A bill to amend title XI of the So- ER): Contributions, amount, date, donee: cial Security Act to promote testing of in- S. 1742. A bill to amend title XVIII of the 1. Self: None. centive payments for behavioral health pro- Social Security Act to provide for an option 2. Spouse: Mark A. Brewer: None. viders for adoption and use of certified elec- for any citizen or permanent resident of the 3. Children and Spouses: Arina N. Brewer: tronic health record technology; to the Com- United States age 55 to 64 to buy into Medi- None. mittee on Finance. care; to the Committee on Finance. 4. Parents: William C. and Maria E. By Mr. VAN HOLLEN (for himself, Mr. By Mr. BENNET: Pallick: None. CARPER, and Mr. BLUMENTHAL): S. 1743. A bill to amend the Internal Rev- 5. Grandparents: Gregorio and Domitila S. 1733. A bill to require the Secretary of enue Code of 1986 to create tax incentives for Lerma: Deceased; John and Mary Pallick: Transportation to revise regulations relating coal community zones, to provide education Deceased. to oversold flights to prohibit the forcible re- and training opportunities for individuals 6. Brothers and Spouses: William C. and moval of passengers from such flights, and living and working in coal communities, and Margaret Pallick: None. for other purposes; to the Committee on 7. Sisters and Spouses: N/A. Commerce, Science, and Transportation. for other purposes; to the Committee on Fi- nance. By Mrs. MCCASKILL: *John P. Desrocher, of New York, a Career S. 1734. A bill to improve the regulatory By Ms. BALDWIN (for herself and Mr. Member of the Senior Foreign Service, Class process, and for other purposes; to the Com- PERDUE): of Minister-Counselor, to be Ambassador Ex- mittee on Homeland Security and Govern- S. 1744. A bill to require the Securities and traordinary and Plenipotentiary of the mental Affairs. Exchange Commission to amend certain reg- United States of America to the People’s By Mr. GRAHAM (for himself, Mr. ulations, and for other purposes; to the Com- Democratic Republic of Algeria. BOOKER, Mr. WHITEHOUSE, and Mr. mittee on Banking, Housing, and Urban Af- Nominee: John Desrocher. BLUMENTHAL): fairs. Post: Embassy Algiers. S. 1735. A bill to limit the removal of a spe- By Mr. TILLIS (for himself and Mr. (The following is a list of all members of cial counsel, and for other purposes; to the BURR): my immediate family and their spouses. I Committee on the Judiciary. S. 1745. A bill to revise the boundaries of a have asked each of these persons to inform By Mr. HOEVEN (for himself, Mr. John H. Chafee Coastal Barrier Resources me of the pertinent contributions made by BOOZMAN, and Mr. STRANGE): System Unit in Topsail, North Carolina; to them. To the best of my knowledge, the in- S. 1736. A bill to amend the Consolidated the Committee on Environment and Public formation contained in this report is com- Farm and Rural Development Act to adjust Works. plete and accurate.) limitations on certain Farm Service Agency By Mr. LEE (for himself, Mr. BLUNT, Contributions, amount, date, and donee: guaranteed and direct loans; to the Com- Mr. COTTON, Mr. CRUZ, Mr. DAINES, 1. Self: none. mittee on Agriculture, Nutrition, and For- Mr. INHOFE, Mr. JOHNSON, Mr. 2. Spouse: Karen Rose: none. estry. LANKFORD, Mr. PAUL, Mr. PERDUE,

VerDate Sep 11 2014 02:27 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORD17\AUGUST\S03AU7.REC S03AU7 S4828 CONGRESSIONAL RECORD — SENATE August 3, 2017 Mr. RISCH, Mr. ROBERTS, Mr. ROUNDS, S. 1757. A bill to strengthen border secu- Veterans Affairs for their disability Mr. RUBIO, and Mr. WICKER): rity, increase resources for enforcement of and either retired pay by reason of S. 1746. A bill to require the Congressional immigration laws, and for other purposes; their years of military service or Com- Budget Office to make publicly available the read the first time. bat-Related Special Compensation, and fiscal and mathematical models, data, and By Mr. BOOKER: other details of computations used in cost S. 1758. A bill to amend the Fair Credit Re- for other purposes. analysis and scoring; to the Committee on porting Act to provide requirements for S. 116 the Budget. landlords and consumer reporting agencies At the request of Mr. HELLER, the By Mr. NELSON: relating to housing court records, and for name of the Senator from Maryland S. 1747. A bill to authorize research and re- other purposes; to the Committee on Bank- (Mr. VAN HOLLEN) was added as a co- covery activities to provide for the protec- ing, Housing, and Urban Affairs. sponsor of S. 116, a bill to amend title tion, conservation, and recovery of the Flor- By Ms. HIRONO (for herself and Mr. 10, United States Code, to permit vet- ida manatee, and for other purposes; to the BOOZMAN): Committee on Commerce, Science, and S. 1759. A bill to amend title 38, United erans who have a service-connected, Transportation. States Code, to extend authorities relating permanent disability rated as total to By Mr. RUBIO (for himself and Mr. to homeless veterans, and for other purposes; travel on military aircraft in the same NELSON): to the Committee on Veterans’ Affairs. manner and to the same extent as re- S. 1748. A bill to amend the Magnuson-Ste- By Mr. BLUMENTHAL: tired members of the Armed Forces en- vens Fishery Conservation and Management S. 1760. A bill for the relief of Marco Anto- titled to such travel. Act to promote sustainable conservation and nio Reyes; to the Committee on the Judici- S. 130 management for the Gulf of Mexico and ary. South Atlantic fisheries and the commu- At the request of Ms. BALDWIN, the nities that rely on them, and for other pur- f name of the Senator from Michigan poses; to the Committee on Commerce, SUBMISSION OF CONCURRENT AND (Mr. PETERS) was added as a cosponsor Science, and Transportation. SENATE RESOLUTIONS of S. 130, a bill to require enforcement By Mr. HATCH: against misbranded milk alternatives. S. 1749. A bill to restore Americans’ indi- The following concurrent resolutions S. 194 vidual liberty by striking the Federal man- and Senate resolutions were read, and At the request of Mr. WHITEHOUSE, date to purchase insurance; to the Com- referred (or acted upon), as indicated: mittee on Finance. the name of the Senator from Massa- By Mr. HATCH: By Mr. CRUZ (for himself and Mr. chusetts (Mr. MARKEY) was added as a S. 1750. A bill to protect American job cre- LEAHY): cosponsor of S. 194, a bill to amend the S. Res. 245. A resolution calling on the ation by striking the Federal mandate on Public Health Service Act to establish employers to offer health insurance; to the Government of Iran to release unjustly detained United States citizens and legal per- a public health insurance option, and Committee on Finance. for other purposes. By Mr. DONNELLY (for himself, Mr. manent resident aliens, and for other pur- S 266 TOOMEY, Mr. MANCHIN, Mr. COTTON, poses; to the Committee on Foreign Rela- . and Mr. PETERS): tions. At the request of Mr. HATCH, the S. 1751. A bill to modify the definitions of By Mr. MERKLEY (for himself and Mr. name of the Senator from Rhode Island a mortgage originator, a high-cost mortgage, MARKEY): (Mr. REED) was added as a cosponsor of and a loan originator; to the Committee on S. Res. 246. A resolution designating the S. 266, a bill to award the Congres- Banking, Housing, and Urban Affairs. first week in August 2017 as ‘‘World Breastfeeding Week’’, and designating Au- sional Gold Medal to Anwar Sadat in By Mr. HELLER (for himself, Mr. recognition of his heroic achievements FLAKE, Mr. RISCH, and Mr. HATCH): gust 2017 as ‘‘National Breastfeeding S. 1752. A bill to amend the Healthy For- Month’’; to the Committee on the Judiciary. and courageous contributions to peace ests Restoration Act of 2003 to expedite wild- By Mr. HATCH (for himself, Mr. BEN- in the Middle East. fire prevention projects to reduce the risk of NET, Mr. ISAKSON, and Ms. KLO- S. 384 wildfire on certain high-risk Federal land, BUCHAR): At the request of Mr. BLUNT, the and for other purposes; to the Committee on S. Res. 247. A resolution designating July name of the Senator from Montana Agriculture, Nutrition, and Forestry. 29, 2017, as ‘‘Paralympic and Adaptive Sport Day’’; considered and agreed to. (Mr. DAINES) was added as a cosponsor By Mr. HELLER (for himself and Mr. of S. 384, a bill to amend the Internal MENENDEZ): By Mrs. FEINSTEIN (for herself and S. 1753. A bill to amend the S.A.F.E. Mort- Ms. MURKOWSKI): Revenue Code of 1986 to permanently gage Licensing Act of 2008 to provide a tem- S. Res. 248. A resolution expressing the extend the new markets tax credit, and porary license for loan originators sense of the Senate that flowers grown in the for other purposes. transitioning between employers, and for United States support the farmers, small S. 393 other purposes; to the Committee on Bank- businesses, jobs, and economy of the United At the request of Mr. SCOTT, the ing, Housing, and Urban Affairs. States, that flower farming is an honorable name of the Senator from Iowa (Mrs. By Ms. COLLINS (for herself, Mr. vocation, and designating July as ‘‘American ERNST) was added as a cosponsor of S. TESTER, Mr. COCHRAN, Mr. MANCHIN, Grown Flower Month’’; considered and Mr. DAINES, Ms. HARRIS, and Mr. agreed to. 393, a bill to amend the Internal Rev- BOOZMAN): By Mrs. FEINSTEIN (for herself and enue Code of 1986 to allow employers a S. 1754. A bill to reauthorize section 340H of Mr. LANKFORD): credit against income tax for employ- the Public Health Service Act to continue to S. Res. 249. A resolution designating Sep- ees who participate in qualified appren- encourage the expansion, maintenance, and tember 2017 as ‘‘National Child Awareness ticeship programs. Month’’ to promote awareness of charities establishment of approved graduate medical S. 405 residency programs at qualified teaching that benefit children and youth-serving orga- At the request of Mr. COONS, the health centers, and for other purposes; to the nizations throughout the United States and Committee on Health, Education, Labor, and recognizing the efforts made by those char- name of the Senator from Massachu- Pensions. ities and organizations on behalf of children setts (Ms. WARREN) was added as a co- By Mr. WHITEHOUSE: and youth as critical contributions to the fu- sponsor of S. 405, a bill to amend the S. 1755. A bill to amend title 18, United ture of the United States; considered and Internal Revenue Code of 1986 and the States Code, to prohibit unsafe operation of agreed to. Higher Education Act of 1965 to provide unmanned aircraft, and for other purposes; f an exclusion from income for student to the Committee on the Judiciary. loan forgiveness for students who have By Mr. SULLIVAN (for himself, Mrs. ADDITIONAL COSPONSORS died or become disabled. FISCHER, Mrs. CAPITO, and Mrs. ERNST): S. 66 S. 448 S. 1756. A bill to improve the processes by At the request of Mr. HELLER, the At the request of Mr. BROWN, the which environmental documents are pre- name of the Senator from Maryland name of the Senator from Hawaii (Mr. pared and permits and applications are proc- (Mr. VAN HOLLEN) was added as a co- SCHATZ) was added as a cosponsor of S. essed and regulated by Federal departments sponsor of S. 66, a bill to amend title 448, a bill to amend title XVIII of the and agencies, and for other purposes; to the 10, United States Code, to permit cer- Social Security Act to provide for Committee on Environment and Public Works. tain retired members of the uniformed treatment of clinical psychologists as By Mr. CORNYN (for himself, Mr. BAR- services who have a service-connected physicians for purposes of furnishing RASSO, Mr. JOHNSON, Mr. TILLIS, Mr. disability to receive both disability clinical psychologist services under the HELLER, Mr. SCOTT, and Mr. INHOFE): compensation from the Department of Medicare program.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.024 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4829 S. 474 unlawfully influence the political proc- S. 1113 At the request of Mr. MENENDEZ, his ess. At the request of Mrs. FEINSTEIN, the name was added as a cosponsor of S. S. 654 names of the Senator from Delaware 474, a bill to condition assistance to the At the request of Mr. TOOMEY, the (Mr. COONS) and the Senator from West Bank and Gaza on steps by the name of the Senator from Illinois (Ms. Vermont (Mr. LEAHY) were added as co- Palestinian Authority to end violence DUCKWORTH) was added as a cosponsor sponsors of S. 1113, a bill to amend the and terrorism against Israeli citizens. of S. 654, a bill to revise section 48 of Federal Food, Drug, and Cosmetic Act S. 515 title 18, United States Code, and for to ensure the safety of cosmetics. At the request of Mr. CASEY, the other purposes. S. 1182 name of the Senator from Indiana (Mr. S. 754 At the request of Mr. YOUNG, the DONNELLY) was added as a cosponsor of At the request of Mr. KAINE, the names of the Senator from Arizona S. 515, a bill to require the Secretary of name of the Senator from South Da- (Mr. FLAKE) and the Senator from Ala- Labor to maintain a publicly available kota (Mr. THUNE) was added as a co- bama (Mr. STRANGE) were added as co- list of all employers that relocate a sponsor of S. 754, a bill to support sponsors of S. 1182, a bill to require the call center overseas, to make such meeting our Nation’s growing cyberse- Secretary of the Treasury to mint com- companies ineligible for Federal grants curity workforce needs by expanding memorative coins in recognition of the or guaranteed loans, and to require dis- the cybersecurity education pipeline. 100th anniversary of The American Le- closure of the physical location of busi- S. 756 gion. ness agents engaging in customer serv- At the request of Mr. SULLIVAN, the S. 1198 ice communications, and for other pur- names of the Senator from New Hamp- At the request of Ms. WARREN, the poses. shire (Mrs. SHAHEEN), the Senator from name of the Senator from Florida (Mr. S. 527 Florida (Mr. RUBIO) and the Senator NELSON) was added as a cosponsor of S. At the request of Mr. BLUNT, the from Connecticut (Mr. MURPHY) were 1198, a bill to protect individuals who name of the Senator from West Vir- added as cosponsors of S. 756, a bill to are eligible for increased pension under ginia (Mrs. CAPITO) was added as a co- reauthorize and amend the Marine De- laws administered by the Secretary of sponsor of S. 527, a bill to improve ac- bris Act to promote international ac- Veterans Affairs on the basis of need of cess to emergency medical services, tion to reduce marine debris, and for regular aid and attendance from dis- and for other purposes. other purposes. honest, predatory, or otherwise unlaw- S 794 S. 534 . ful practices, and for other purposes. At the request of Mr. ISAKSON, the At the request of Mrs. FEINSTEIN, the S. 1201 name of the Senator from Illinois (Ms. name of the Senator from Louisiana At the request of Mrs. MCCASKILL, DUCKWORTH) was added as a cosponsor (Mr. KENNEDY) was added as a cospon- the name of the Senator from Wis- of S. 794, a bill to amend title XVIII of sor of S. 534, a bill to prevent the sex- consin (Ms. BALDWIN) was added as a ual abuse of minors and amateur ath- the Social Security Act in order to im- cosponsor of S. 1201, a bill to allow in- letes by requiring the prompt reporting prove the process whereby Medicare ad- dividuals living in areas without quali- of sexual abuse to law enforcement au- ministrative contractors issue local fied health plans offered through an thorities, and for other purposes. coverage determinations under the Exchange to have similar access to Medicare program, and for other pur- S. 540 health insurance coverage as Members poses. At the request of Mr. THUNE, the of Congress and congressional staff. S. 835 name of the Senator from Utah (Mr. S. 1307 At the request of Mr. MURPHY, the LEE) was added as a cosponsor of S. 540, At the request of Mrs. FEINSTEIN, the name of the Senator from Illinois (Ms. a bill to limit the authority of States name of the Senator from Illinois (Ms. DUCKWORTH) was added as a cosponsor to tax certain income of employees for DUCKWORTH) was added as a cosponsor of S. 835, a bill to require the Supreme employment duties performed in other of S. 1307, a bill to amend the Internal Court of the United States to promul- States. Revenue Code of 1986 to expand eligi- gate a code of ethics. S. 581 bility to receive refundable tax credits S. 926 for coverage under a qualified health At the request of Mr. MANCHIN, the At the request of Mrs. ERNST, the plan. name of the Senator from Alaska (Ms. name of the Senator from Illinois (Mr. S. 1311 MURKOWSKI) was added as a cosponsor DURBIN) was added as a cosponsor of S. of S. 581, a bill to include information 926, a bill to authorize the Global War At the request of Mr. CORNYN, the concerning a patient’s opioid addiction on Terror Memorial Foundation to es- names of the Senator from Oklahoma in certain medical records. tablish the National Global War on (Mr. INHOFE) and the Senator from Mis- S. 591 Terrorism Memorial as a commemora- souri (Mr. BLUNT) were added as co- At the request of Mrs. MURRAY, the tive work in the District of Columbia, sponsors of S. 1311, a bill to provide as- name of the Senator from Florida (Mr. and for other purposes. sistance in abolishing human traf- NELSON) was added as a cosponsor of S. S. 967 ficking in the United States. 591, a bill to expand eligibility for the At the request of Ms. STABENOW, the S. 1312 program of comprehensive assistance name of the Senator from Arkansas At the request of Mr. GRASSLEY, the for family caregivers of the Depart- (Mr. BOOZMAN) was added as a cospon- names of the Senator from Mississippi ment of Veterans Affairs, to expand sor of S. 967, a bill to amend title XVIII (Mr. WICKER), the Senator from Ari- benefits available to participants under of the Social Security Act to increase zona (Mr. MCCAIN), the Senator from such program, to enhance special com- access to ambulance services under the Mississippi (Mr. COCHRAN), the Senator pensation for members of the uni- Medicare program and to reform pay- from Maine (Ms. COLLINS) and the Sen- formed services who require assistance ments for such services under such pro- ator from Louisiana (Mr. CASSIDY) were in everyday life, and for other pur- gram, and for other purposes. added as cosponsors of S. 1312, a bill to poses. S. 1002 prioritize the fight against human traf- S. 625 At the request of Mr. MORAN, the ficking in the United States. At the request of Mrs. SHAHEEN, the names of the Senator from Iowa (Mrs. S. 1357 name of the Senator from Illinois (Ms. ERNST) and the Senator from South At the request of Ms. BALDWIN, the DUCKWORTH) was added as a cosponsor Dakota (Mr. ROUNDS) were added as co- name of the Senator from Pennsyl- of S. 625, a bill to preserve the integ- sponsors of S. 1002, a bill to enhance vania (Mr. CASEY) was added as a co- rity of American elections by providing the ability of community financial in- sponsor of S. 1357, a bill to amend title the Attorney General with the inves- stitutions to foster economic growth XIX of the Social Security Act to pro- tigative tools to identify and prosecute and serve their communities, boost vide a standard definition of thera- foreign agents who seek to circumvent small businesses, increase individual peutic family care services in Med- Federal registration requirements and savings, and for other purposes. icaid.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.014 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4830 CONGRESSIONAL RECORD — SENATE August 3, 2017 S. 1369 from Montana (Mr. DAINES), the Sen- use of chlorpyrifos on food, and for At the request of Mr. BROWN, the ator from Indiana (Mr. DONNELLY), the other purposes. name of the Senator from Connecticut Senator from Illinois (Ms. DUCKWORTH), S. 1666 (Mr. BLUMENTHAL) was added as a co- the Senator from Illinois (Mr. DURBIN), At the request of Mr. BLUMENTHAL, sponsor of S. 1369, a bill to amend the the Senator from Wyoming (Mr. ENZI), the name of the Senator from Mis- Internal Revenue Code of 1986 to estab- the Senator from Nebraska (Mrs. sissippi (Mr. WICKER) was added as a lish an excise tax on certain prescrip- FISCHER), the Senator from Arizona cosponsor of S. 1666, a bill to direct the tion drugs which have been subject to a (Mr. FLAKE), the Senator from Min- Secretary of Transportation to issue a price spike, and for other purposes. nesota (Mr. FRANKEN), the Senator rule requiring all new passenger motor S. 1413 from Colorado (Mr. GARDNER), the Sen- vehicles to be equipped with a child At the request of Mr. COONS, the ator from New York (Mrs. GILLIBRAND), safety alert system, and for other pur- names of the Senator from Rhode Is- the Senator from South Carolina (Mr. poses. GRAHAM), the Senator from California land (Mr. WHITEHOUSE) and the Senator S. 1693 from Nebraska (Mrs. FISCHER) were (Ms. HARRIS), the Senator from New At the request of Mr. PORTMAN, the Hampshire (Ms. HASSAN), the Senator added as cosponsors of S. 1413, a bill to name of the Senator from Nebraska authorize the Secretary of Education from New Mexico (Mr. HEINRICH), the Senator from North Dakota (Ms. (Mr. SASSE) was added as a cosponsor to award grants to establish teacher of S. 1693, a bill to amend the Commu- leader development programs. HEITKAMP), the Senator from Nevada ELLER nications Act of 1934 to clarify that S. 1513 (Mr. H ), the Senator from Hawaii (Ms. HIRONO), the Senator from North section 230 of that Act does not pro- At the request of Mr. CARDIN, the hibit the enforcement against pro- name of the Senator from Louisiana Dakota (Mr. HOEVEN), the Senator from Georgia (Mr. ISAKSON), the Senator viders and users of interactive com- (Mr. CASSIDY) was added as a cosponsor from Wisconsin (Mr. JOHNSON), the puter services of Federal and State of S. 1513, a bill to reauthorize and Senator from Virginia (Mr. KAINE), the criminal and civil law relating to sex amend the National Fish and Wildlife Senator from Louisiana (Mr. KENNEDY), trafficking. Foundation Establishment Act. the Senator from Maine (Mr. KING), the S. 1697 S. 1568 Senator from Minnesota (Ms. KLO- At the request of Mr. GRAHAM, the ARKEY At the request of Mr. M , the BUCHAR), the Senator from Oklahoma names of the Senator from South Caro- name of the Senator from New Hamp- (Mr. LANKFORD), the Senator from lina (Mr. SCOTT), the Senator from shire (Ms. HASSAN) was added as a co- Utah (Mr. LEE), the Senator from West Maryland (Mr. CARDIN), the Senator sponsor of S. 1568, a bill to require the Virginia (Mr. MANCHIN), the Senator from New Jersey (Mr. MENENDEZ), the Secretary of the Treasury to mint from Massachusetts (Mr. MARKEY), the Senator from Delaware (Mr. COONS), coins in commemoration of President Senator from Missouri (Mrs. MCCAS- the Senator from Florida (Mr. NELSON) John F. Kennedy. KILL), the Senator from New Jersey and the Senator from Georgia (Mr. S. 1595 (Mr. MENENDEZ), the Senator from Or- PERDUE) were added as cosponsors of S. At the request of Mr. RUBIO, the egon (Mr. MERKLEY), the Senator from 1697, a bill to condition assistance to name of the Senator from Nevada (Mr. Alaska (Ms. MURKOWSKI), the Senator the West Bank and Gaza on steps by HELLER) was added as a cosponsor of S. from Connecticut (Mr. MURPHY), the the Palestinian Authority to end vio- 1595, a bill to amend the Hizballah Senator from Florida (Mr. NELSON), the lence and terrorism against Israeli citi- International Financing Prevention Senator from Kentucky (Mr. PAUL), the zens and United States Citizens. Act of 2015 to impose additional sanc- Senator from Georgia (Mr. PERDUE), At the request of Mr. SCHUMER, his tions with respect to Hizballah, and for the Senator from Michigan (Mr. name was added as a cosponsor of S. other purposes. PETERS), the Senator from Ohio (Mr. 1697, supra. S. 1616 PORTMAN), the Senator from Rhode Is- S. 1706 land (Mr. REED), the Senator from At the request of Ms. COLLINS, her At the request of Mr. MENENDEZ, the name was added as a cosponsor of S. Idaho (Mr. RISCH), the Senator from names of the Senator from Connecticut South Dakota (Mr. ROUNDS), the Sen- 1616, a bill to award the Congressional (Mr. MURPHY), the Senator from Dela- ator from Florida (Mr. RUBIO), the Sen- Gold Medal to Bob Dole, in recognition ware (Mr. CARPER), the Senator from ator from Vermont (Mr. SANDERS), the for his service to the nation as a sol- Maryland (Mr. VAN HOLLEN) and the Senator from Nebraska (Mr. SASSE), dier, legislator, and statesman. Senator from Massachusetts (Mr. MAR- the Senator from Hawaii (Mr. SCHATZ), At the request of Mr. ROBERTS, the KEY) were added as cosponsors of S. names of the Senator from Tennessee the Senator from New York (Mr. SCHU- 1706, a bill to prevent human health (Mr. ALEXANDER), the Senator from MER), the Senator from South Carolina threats posed by the consumption of Wisconsin (Ms. BALDWIN), the Senator (Mr. SCOTT), the Senator from New equines raised in the United States. from Wyoming (Mr. BARRASSO), the Hampshire (Mrs. SHAHEEN), the Sen- S. 1729 Senator from Colorado (Mr. BENNET), ator from Michigan (Ms. STABENOW), the Senator from Connecticut (Mr. the Senator from Alabama (Mr. At the request of Mr. ROBERTS, the name of the Senator from Texas (Mr. BLUMENTHAL), the Senator from Mis- STRANGE), the Senator from Alaska CORNYN) was added as a cosponsor of S. souri (Mr. BLUNT), the Senator from (Mr. SULLIVAN), the Senator from Mon- 1729, a bill to amend title XVIII of the New Jersey (Mr. BOOKER), the Senator tana (Mr. TESTER), the Senator from Social Security Act to provide for inde- from Arkansas (Mr. BOOZMAN), the Sen- South Dakota (Mr. THUNE), the Sen- pendent accreditation for dialysis fa- ator from Ohio (Mr. BROWN), the Sen- ator from North Carolina (Mr. TILLIS), cilities and assurances of high quality ator from North Carolina (Mr. BURR), the Senator from Pennsylvania (Mr. surveys. the Senator from Washington (Ms. TOOMEY), the Senator from New Mexico CANTWELL), the Senator from West Vir- (Mr. UDALL), the Senator from Mary- S. RES. 195 ginia (Mrs. CAPITO), the Senator from land (Mr. VAN HOLLEN), the Senator At the request of Mr. CARDIN, the Maryland (Mr. CARDIN), the Senator from Virginia (Mr. WARNER), the Sen- name of the Senator from Rhode Island from Delaware (Mr. CARPER), the Sen- ator from Massachusetts (Ms. WAR- (Mr. REED) was added as a cosponsor of ator from Pennsylvania (Mr. CASEY), REN), the Senator from Rhode Island S. Res. 195, a resolution recognizing the Senator from Louisiana (Mr. CAS- (Mr. WHITEHOUSE), the Senator from June 20, 2017, as ‘‘World Refugee Day’’. SIDY), the Senator from Delaware (Mr. Mississippi (Mr. WICKER) and the Sen- AMENDMENT NO. 329 COONS), the Senator from Tennessee ator from Indiana (Mr. YOUNG) were At the request of Ms. BALDWIN, the (Mr. CORKER), the Senator from Texas added as cosponsors of S. 1616, supra. names of the Senator from Connecticut (Mr. CORNYN), the Senator from Nevada S. 1624 (Mr. MURPHY) and the Senator from Or- (Ms. CORTEZ MASTO), the Senator from At the request of Mr. UDALL, the egon (Mr. WYDEN) were added as co- Arkansas (Mr. COTTON), the Senator name of the Senator from Rhode Island sponsors of amendment No. 329 in- from Idaho (Mr. CRAPO), the Senator (Mr. WHITEHOUSE) was added as a co- tended to be proposed to H.R. 2810, to from Texas (Mr. CRUZ), the Senator sponsor of S. 1624, a bill to prohibit the authorize appropriations for fiscal year

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.016 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4831 2018 for military activities of the De- STATEMENTS ON INTRODUCED choose to remain in underserved com- partment of Defense, for military con- BILLS AND JOINT RESOLUTIONS munities, compared to 26 percent of struction, and for defense activities of By Ms. COLLINS (for herself, Mr. traditional Medicare GME residents. Teaching health centers are serving the Department of Energy, to prescribe TESTER, Mr. COCHRAN, Mr. Americans from coast to coast. A total military personnel strengths for such MANCHIN, Mr. DAINES, Ms. HAR- of 742 THC residents are serving in 27 fiscal year, and for other purposes. RIS, and Mr. BOOZMAN): AMENDMENT NO. 527 S. 1754. A bill to reauthorize section states and the District of Columbia. 340H of the Public Health Service Act The program is competitive, and trains At the request of Mr. LEAHY, the the best of the best. For each residency name of the Senator from Massachu- to continue to encourage the expansion, maintenance, and establishment position, THC programs receive more setts (Ms. WARREN) was added as a co- than 100 applications. In 2017, THC resi- sponsor of amendment No. 527 intended of approved graduate medical residency programs at qualified teaching health dents and faculty will provide more to be proposed to H.R. 2810, to author- than one million primary care medical ize appropriations for fiscal year 2018 centers, and for other purposes; to the Committee on Health, Education, visits to underserved communities. for military activities of the Depart- Teaching Health Centers have dem- ment of Defense, for military construc- Labor, and Pensions. Ms. COLLINS. Madam President, I onstrated a record of success, and it is tion, and for defense activities of the rise today to introduce legislation with imperative that we support them. Our Department of Energy, to prescribe my colleague from Montana, Senator legislation would reauthorize the military personnel strengths for such TESTER, that would extend an impor- Teaching Health Centers Graduate fiscal year, and for other purposes. tant program to fund Teaching Health Medical Education Program for three AMENDMENT NO. 528 Centers, which support the health and years. It would also allow new pro- At the request of Mr. LEAHY, the well-being of families in rural and grams to expand within existing cen- names of the Senator from Massachu- medically underserved communities. I ters and the creation of entirely new setts (Ms. WARREN) and the Senator am pleased that Senators COCHRAN, teaching health centers. from Connecticut (Mr. MURPHY) were MANCHIN, DAINES, HARRIS, and BOOZ- This bill is widely supported by lead- added as cosponsors of amendment No. MAN, have joined us as cosponsors. ing community health and physician 528 intended to be proposed to H.R. In the background of the health care organizations, including the American 2810, to authorize appropriations for debate, there is another crisis that Association of Teaching Health Cen- fiscal year 2018 for military activities looms. We are facing a severe shortage ters, National Association of Commu- of the Department of Defense, for mili- of doctors. By 2025, we will need more nity Health Centers, American Acad- tary construction, and for defense ac- than 100,000 new primary care doctors emy of Family Physicians, American tivities of the Department of Energy, to meet the growing demand for health Association of Colleges of Osteopathic to prescribe military personnel care services across the Country. The Medicine, American Osteopathic Asso- strengths for such fiscal year, and for shortage is especially critical in rural ciation, American Council of OB/GYNs, other purposes. and underserved communities, which Society of Teachers of Family Medi- are often those that have been hit cine, and Council of Academic Family AMENDMENT NO. 529 hardest by the opioid epidemic. The Medicine. We have also received letters At the request of Mr. LEAHY, the most significant shortages are in fam- of support from teaching health cen- name of the Senator from Massachu- ily medicine, general internal medi- ters in Maine, Montana, Tennessee, setts (Ms. WARREN) was added as a co- cine, pediatrics, obstetrics and gyne- Iowa, Oklahoma, North Carolina, Cali- sponsor of amendment No. 529 intended cology, psychiatry, and dentistry. fornia, Mississippi, Pennsylvania, to be proposed to H.R. 2810, to author- These shortages have reached crisis Washington, Texas, Connecticut, New ize appropriations for fiscal year 2018 levels in many places. In clinics and York, Illinois, Massachusetts, and for military activities of the Depart- health centers in Aroostook County, Idaho. ment of Defense, for military construc- Maine’s northernmost county where I In the face of nationwide physician tion, and for defense activities of the grew up, I hear stories about vacancies shortages, our legislation would pro- Department of Energy, to prescribe forcing Mainers to travel many miles vide a solution for communities today military personnel strengths for such simply to see a primary care doctor or and a path forward to train the physi- fiscal year, and for other purposes. dentist. cians of tomorrow. I urge all of my col- AMENDMENT NO. 592 For the past six years, one program, leagues to join in support of this im- the Teaching Health Centers Graduate At the request of Mr. DURBIN, the portant legislation, the Training the name of the Senator from Maine (Mr. Medical Education Program, has Next Generation of Primary Care Doc- worked to fill these gaps. This program KING) was added as a cosponsor of tors Act of 2017. amendment No. 592 intended to be pro- helps to train medical residents in Ms. COLLINS. Madam President, I posed to H.R. 2810, to authorize appro- community-based settings, including ask unanimous consent that the letters priations for fiscal year 2018 for mili- low-income, underserved rural and be printed in the RECORD. tary activities of the Department of urban neighborhoods. For example, There being no objection, the letters Defense, for military construction, and since 2011, the Penobscot Community were ordered to be printed in the for defense activities of the Depart- Health Care Center has trained 31 resi- RECORD, as follows: ment of Energy, to prescribe military dents and served more than 15,000 den- PENOBSCOT COMMUNITY HEALTH CARE, personnel strengths for such fiscal tal patients in Bangor, Maine. August 2, 2017. We need to meet people in the com- year, and for other purposes. Hon. SUSAN COLLINS, munities in which they live and work. U.S. Senate, AMENDMENT NO. 750 This program is training the next gen- Washington, DC. At the request of Mr. WHITEHOUSE, eration of physicians, and has produced DEAR SENATOR COLLINS: On behalf of Pe- the names of the Senator from North real results. When compared with tra- nobscot Community Health Care’s General Practice Dental Residency program, a Carolina (Mr. TILLIS) and the Senator ditional Medicare graduate medical Teaching Health Center training 3–6 resi- from New Jersey (Mr. MENENDEZ) were education residents, those who train at dents a year (with over 28 residents trained added as cosponsors of amendment No. teaching health centers are signifi- since 2011) and serving 15,000 dental patients 750 intended to be proposed to H.R. cantly more likely to practice primary in Bangor, Maine, I want to express our ap- 2810, to authorize appropriations for care and remain in underserved or preciation for your relentless efforts to de- fiscal year 2018 for military activities rural communities. The numbers speak velop legislation to continue funding and ex- of the Department of Defense, for mili- for themselves: 82 percent of Teaching pand the Teaching Health Center Graduate tary construction, and for defense ac- Health Center, or THC, residents Medical Education (THCGME) program. We know that you and your staff have worked tivities of the Department of Energy, choose to practice primary care, com- long and hard with multiple stakeholder or- to prescribe military personnel pared to 23 percent of traditional Medi- ganizations, including the American Asso- strengths for such fiscal year, and for care Graduate Medical Education resi- ciation of Teaching Health Centers, to create other purposes. dents; and 55 percent of THC residents the best possible legislation that will fund

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.019 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4832 CONGRESSIONAL RECORD — SENATE August 3, 2017 adequately this vital program for at least this important issue and is pleased to sup- The THCGME program is a vital source of another three years and provide for expan- port your legislation, which is helping to ad- training for primary care residents to help sion to additional medically underserved dress the doctor shortage that plagues so expand access to care in rural and under- areas of our country. many communities, both urban and rural. served communities throughout the country. THCs currently train more than 742 resi- Sincerely, These programs, located in 59 teaching dents nationally and are providing more JEREMY CRIDER, MD, health centers in 27 states, currently train than a million patient visits in underserved Residency Director. 742 residents in much-needed primary care rural and urban communities. The continu- fields including family medicine, internal ation of this program is vital in all of the THE AMERICAN CONGRESS OF medicine, pediatrics, obstetrics and gyne- communities they are located, and pre- OBSTETRICIANS AND GYNECOLOGISTS, cology, psychiatry, geriatrics, and dentistry. serving this program is critical to the health Washington, DC, August 3, 2017. The majority of these programs are accred- of hundreds of thousands around the coun- Hon. SUSAN COLLINS, ited by the AOA or are dually accredited try. This investment of federal funding in U.S. Senate, (DO/MD) programs, supporting nearly 800 os- the THCGME program, coupled with private, Washington, DC. teopathic resident physicians through their nonfederal resources, guarantees that every Hon. JON TESTER, training since the program began. And true dollar is used exclusively for primary care U.S. Senate, to the intent of the THCGME program, resi- training, all in community-based settings. Washington, DC. dents who train in these programs are far Residents trained in community-based set- DEAR SENATORS COLLINS AND TESTER: The more likely to practice primary care and re- tings are three times more likely than tradi- American Congress of Obstetricians and main in the communities in which they have tionally trained residents to practice pri- Gynecologists (ACOG), with more than 58,000 trained. mary care in a community based setting en- physicians and partners dedicated to advanc- As osteopathic physicians, we are trained suring that doctors trained in these settings ing women’s health, is pleased to endorse the in a patient-centered, hands-on approach to remain in communities where they are need- Training the Next Generation of Primary care that focuses on the whole person, in- ed most. Care Doctors Act of 2017. Your bill would cluding the physical, mental, and psycho- Penobscot Community Health Care appre- help improve access for women in rural and social aspects of health. Our training and ciates your leadership on this important underserved areas to timely, high quality philosophy includes a strong emphasis on issue and is pleased to support your legisla- health care by training primary care physi- primary care—in fact, approximately half of tion, which is helping to address the doctor cians, including obstetrician-gynecologists. all osteopathic physicians practice in pri- and dentist shortage that plagues so many Today, women living in half of all US mary care specialties. Given this strong communities, both urban and rural. You counties are in areas without an ob-gyn, in- presence in primary care, osteopathic medi- have always championed Community Health cluding one of Maine’s 16 counties, and 35 of cine aligns naturally with the mission and Centers, and concurrently Teaching Health Montana’s 56 counties. Furthermore, the ob- goals of the THCGME program that has Centers, recognizing the need for accessible, gyn workforce is aging and a large number of proven successful in helping address the ex- affordable health care for all no matter if ob-gyns are retiring at a time when the fe- isting gaps in our nation’s primary care you live in Caribou, Maine or New York City. male population is expected to increase 36% workforce. Thank you for your tireless efforts and by 2050. ACOG projects an ob-gyn shortage of Your legislation provides much-needed sta- leadership in the United States Senate as 18% by 2030. bility through continued funding for the Your bill will help alleviate these work- you strive to preserve and improve health THCGME program, and also creates a path- force challenges by ensuring the Teaching care for all Americans. way for the expansion of existing centers as Health Center Graduate Medical Education Sincerely, well as the creation of entirely new teaching (THCGME) program can continue to train health centers. We deeply appreciate your KENNETH SCHMIDT, MPA, ob-gyns and other primary care physicians in commitment to training the future of the President and CEO. an efficient and effective manner. Commu- primary care workforce and thank you for nity-based THCGME medical training pro- introducing this important legislation. The RESURRECTION FAMILY MEDICINE, grams are critical to filling workforce short- Memphis, TN, August 1, 2017. ages, as physicians trained through this pro- AOA and our members stand ready to assist Hon. SUSAN COLLINS, gram are more likely to practice in under- you in securing its enactment into law. U.S. Senate, served communities. According to the Health Sincerely, Washington, DC. Resources and Services Administration MARK A. BAKER, DO, DEAR SENATOR COLLINS: On behalf of Res- (HRSA), primary care residents trained in President. urrection Health Family Medicine Resi- community-based settings are three times dency, a Teaching Health Center training 25 more likely to practice in an underserved COUNCIL OF ACADEMIC residents and providing 15,000 patient visits community-based setting. An investment in FAMILY MEDICINE, per year in Memphis, TN, I write to express THCGME to improve access to care in rural Washington, DC, August 3, 2017. our appreciation for your relentless efforts and underserved communities has a long- Hon. SUSAN COLLINS, to develop legislation to continue funding term impact positive impact. U.S. Senate, and expand the Teaching Health Center Thank you for introducing this legislation Washington, DC. Graduate Medical Education (THCGME) pro- to improve access to high quality care for Hon. JON TESTER, gram. We know that you and your staff have women. Should you have any questions or if U.S. Senate, worked long and hard with multiple stake- we can be of assistance in any way, please Washington, DC. holder organizations, including the Amer- contact Mallory Schwarz, ACOG Federal Af- DEAR SENATORS COLLINS AND TESTER: On ican Association of Teaching Health Centers, fairs Manager. behalf of the Council of Academic Family to create the best possible legislation that Sincerely, Medicine (CAFM), including the Society of will fund adequately this vital program for HAYWOOD L. BROWN, MD, FACOG, Teachers of Family Medicine, Association of at least another three years and provide for President. Departments of Family Medicine, Associa- expansion to additional medically under- tion of Family Medicine Residency Direc- served areas of our country. AMERICAN OSTEOPATHIC ASSOCIATION, tors, the North American Primary Care Re- THCs currently train more than 742 resi- Washington, DC, August 3, 2017. search Group, we thank you for introducing dents nationally and are providing more Hon. SUSAN COLLINS, the Training the Next Generation of Primary than a million patient visits in underserved U.S. Senate, Care Doctors Act of 2017. This legislation is rural and urban communities. The continu- Washington, DC. an important step to providing sustainable ation of this program is vital in all of the Hon. JON TESTER, funding and growth for a critical program communities they are located and preserving U.S. Senate, that helps address the primary care physi- this program is critical to the health of hun- Washington, DC. cian shortage in our country. We appreciate dreds of thousands around the country. This DEAR SENATORS COLLINS AND TESTER: On your leadership on this issue and give you investment of federal funding in the behalf of the American Osteopathic Associa- our whole-hearted support for the legisla- THCGME program, coupled with private, tion (AOA) and the nearly 130,000 osteopathic tion. nonfederal resources, guarantees that every physicians and osteopathic medical students To help sustain this important program dollar is used exclusively for primary care we represent, thank you for introducing the the proposed legislation provides suitable training, all in community-based settings. ‘‘Training the Next Generation of Primary funding for current Teaching Health Center Residents trained in community-based set- Care Doctors Act of 2017.’’ This important bi- Graduate Medical Education (THCGME) pro- tings are three times more likely than tradi- partisan legislation renews the commitment grams to help address the crisis-level short- tionally trained residents to practice pri- to the continued development of the Teach- age of primary care physicians. The funding mary care in a community based setting en- ing Health Centers Graduate Medical Edu- level included in the bill will allow for a per suring that doctors trained in these settings cation (THCGME) program to help ensure a resident amount to be paid for training that remain in communities, where they are robust primary care workforce in our na- is on par with the Heath Resources and Serv- needed most. tion’s rural and underserved communities. ices Administration (HRSA) funded study Resurrection Health Family Medicine We are grateful for your leadership on this identifying a median cost of approximately Residency appreciates your leadership on critical issue. $157 thousand per trainee. Evidence shows

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.035 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4833 that the THC program graduates are more ation of this program is vital in all of the Sec. 114. Landowner and rancher security likely to practice in rural and medically un- communities they are located and preserving enhancement. derserved communities. We are pleased that this program is critical to the health of hun- Sec. 115. Limitation on land owner’s liabil- the proposed legislation supports ten new dreds of thousands around the country, par- ity. THC programs, with a priority for those ticularly those who lack access to healthcare Sec. 116. Eradication of carrizo cane and salt serving rural and medically underserved pop- absent their local community health center cedar. ulations and areas, recognizing the impor- and its providers. This investment of federal Sec. 117. Prevention, detection, control, and tance of growing this successful program. funding in the THCGME program, coupled eradication of diseases and The Council on Graduate Medical Edu- with private, nonfederal resources, guaran- pests. cation (COGME), an advisory body tees that every dollar is used exclusively for Sec. 118. Exemption from government con- empaneled by Congress, has urged Congress primary care training, all in community- tracting and hiring rules. to continue of the THCGME program stating based settings. Sec. 119. Transnational criminal organiza- that ‘‘THCGME programs deliver excellent Residents trained in community-based set- tion illicit spotter prevention value in physician training,’’ and that the tings are three times more likely than tradi- and detection. program encourages training in ‘‘delivery tionally trained residents to practice pri- Sec. 120. Southern border threat analysis. systems that emphasize team-based care in mary care in a community based setting en- Subtitle B—Personnel Patient Centered Medical Homes that maxi- suring that doctors trained in these settings PART I—INCREASES IN IMMIGRATION AND LAW mize quality at a moderate cost’’; Addition- remain in communities where they are need- ENFORCEMENT PERSONNEL ally, the Institute of Medicine (IOM), [now ed most. Some 70% of our residency’s over Sec. 131. Additional U.S. Customs and Bor- National Academy of Medicine] in a 2014 re- 100 graduates practice in MT, a state with der Protection agents and offi- port identified the THCGME program as widespread provider shortage areas and mul- cers. helping meet the need for primary care phy- tiple counties with no medical care provider Sec. 132. U.S. Customs and Border Protec- sicians, especially those who provide care to at all. tion hiring and retention incen- underserved populations and worthy of a per- RiverStone Health and Montana Family tives. manent funding source. Medicine Residency appreciate your leader- Sec. 133. Anti-Border Corruption Reauthor- The current authorization for this vital ship on this important issue and are pleased ization Act. program expires at the end of this fiscal to support your legislation, which is helping Sec. 134. Additional U.S. Immigration and year. Without legislative action, the expira- to address the doctor shortage that plagues Customs Enforcement per- tion of this program would mean an exacer- so many communities, both urban and rural. sonnel. bation of the primary care physician short- Sincerely, Sec. 135. Other immigration and law en- age, and a lessening of support for training JOHN FELTON, MPH, MBA, FACHE, forcement personnel. in underserved and rural areas. We are grate- President & CEO / Health Officer. ful to you both for your exceptional leader- PART II—JUDICIAL RESOURCES ship in supporting and sustaining this vital By Mr. CORNYN (for himself, Mr. Sec. 141. Judicial resources for border secu- program by introducing this bill and helping BARRASSO, Mr. JOHNSON, Mr. rity. to shepherd it toward enactment. TILLIS, Mr. HELLER, Mr. SCOTT, Sec. 142. Reimbursement to State and local The CAFM organizations and our members prosecutors for federally initi- are pleased to work with you to secure this and Mr. INHOFE): S. 1757. A bill to strengthen border ated, immigration-related legislation’s enactment. criminal cases. security, increase resources for en- Sincerely, Subtitle C—Grants STEPHEN A WILSON, MD, forcement of immigration laws, and for President, Society of other purposes; read the first time. Sec. 151. State criminal alien assistance pro- Teachers of Family Mr. CORNYN. Mr. President, I ask gram. Medicine. Sec. 152. Operation Stonegarden. unanimous consent that the text of the Sec. 153. Grants for identification of victims VALERIE GILCHRIST, MD, bill be printed in the RECORD. President, Association of cross-border human smug- There being no objection, the text of gling. of Departments of the bill was ordered to be printed in Family Medicine. Sec. 154. Grant accountability. KAREN B MITCHELL, MD, the RECORD, as follows: Subtitle D—Authorization of Appropriations President, Association S. 1757 Sec. 161. Authorization of appropriations. of Family Medicine Be it enacted by the Senate and House of Rep- TITLE II—EMERGENCY PORT OF ENTRY Residency Directors. resentatives of the United States of America in PERSONNEL AND INFRASTRUCTURE WILLIAM HOGG, MD, Congress assembled, FUNDING President, North SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 201. Ports of entry infrastructure. American Primary (a) SHORT TITLE.—This Act may be cited as Sec. 202. Secure communications. Care Research the ‘‘Building America’s Trust Act’’. Sec. 203. Border Security Deployment Pro- (b) TABLE OF CONTENTS.—The table of con- Group. gram. tents for this Act is as follows: Sec. 204. Pilot and upgrade of license plate RIVERSTONE HEALTH, Sec. 1. Short title; table of contents. readers at ports of entry. Billings, MT, August 2, 2017. Sec. 2. Definitions. Sec. 205. Biometric technology. Hon. SUSAN COLLINS, TITLE I—BORDER SECURITY Sec. 206. Biometric exit data system. U.S. Senate, Sec. 101. Definitions. Sec. 207. Sense of Congress on cooperation Washington, DC. between agencies. DEAR SENATOR COLLINS: On behalf of the Subtitle A—Infrastructure and Equipment Sec. 208. Authorization of appropriations. Montana Family Medicine Residency and Sec. 102. Strengthening the requirements for RiverStone Health Clinic, one of the nation’s barriers along the southern bor- TITLE III—DOMESTIC SECURITY AND original eleven teaching health centers der. INTERIOR ENFORCEMENT training 24 family medicine residents and Sec. 103. Air and marine operations flight Subtitle A—General Matters serving over 15,000 residents or Yellowstone hours. Sec. 301. Ending catch and release for repeat Sec. 104. Capability deployment to specific and Carbon County, NIT, I want to express immigration violators and sectors and regions. our appreciation for your relentless efforts criminals aliens. Sec. 105. U.S. Border Patrol physical infra- to develop legislation to continue funding Sec. 302. Deterring visa overstays. and expand the Teaching Health Center structure improvements. Sec. 106. U.S. Border Patrol activities. Sec. 303. Increase in immigration detention Graduate Medical Education (THCGME) pro- Sec. 107. U.S. Border Patrol forward oper- capacity. gram. We know that you and your staff have ating bases. Sec. 304. Collection of DNA from criminal worked long and hard with multiple stake- Sec. 108. Border security technology pro- and detained aliens. holder organizations, including the Amer- gram management. Sec. 305. Collection, use, and storage of bio- ican Association of Teaching Health Centers Sec. 109. Authority to acquire leaseholds. metric data. and the National Association of Community Sec. 110. National Guard support to secure Sec. 306. Pilot program for electronic field Health Centers, to create the best possible the southern border and reim- processing. legislation that will fund adequately this bursement of States for deploy- Sec. 307. Ending abuse of parole authority. vital program for at least another three ment of the National Guard at Sec. 308. Stop Dangerous Sanctuary Cities years and provide for expansion to additional the southern border. Act. medically underserved areas of our country. Sec. 111. Operation Phalanx. Sec. 309. Reinstatement of the Secure Com- THCs currently train more than 742 resi- Sec. 112. Merida Initiative. munities program. dents nationally and are providing more Sec. 113. Prohibitions on actions that im- Sec. 310. Prevention and deterrence of fraud than a million patient visits in underserved pede border security on certain in obtaining relief from re- rural and urban communities. The continu- Federal land. moval.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0655 E:\CR\FM\A03AU6.028 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4834 CONGRESSIONAL RECORD — SENATE August 3, 2017 Subtitle B—Protecting Children and Sec. 513. Barring aggravated felons, border Sec. 606. Prohibition on terrorists and aliens America’s Homeland Act of 2017 checkpoint runners, and sex of- who pose a threat to national Sec. 320. Short title. fenders from admission to the security or public safety from Sec. 321. Repatriation of unaccompanied United States. receiving an adjustment of sta- alien children. Sec. 514. Protecting immigrants from con- tus. Sec. 322. Expedited due process and screen- victed sex offenders. Sec. 607. Treatment of applications for ad- ing for unaccompanied alien Sec. 515. Enhanced criminal penalties for justment of status during pend- children. high speed flight. ing denaturalization pro- Sec. 323. Child welfare and law enforcement Sec. 516. Prohibition on asylum and can- ceedings. information sharing. cellation of removal for terror- Sec. 608. Extension of time limit to permit Sec. 324. Accountability for children and ists. rescission of permanent resi- taxpayers. Sec. 517. Aggravated felonies. dent status. Sec. 325. Custody of unaccompanied alien Sec. 518. Convictions. Sec. 609. Barring persecutors and terrorists children in formal removal pro- Sec. 519. Pardons. from registry. ceeding. Sec. 520. Failure to obey removal orders. Subtitle B—Prohibition on Naturalization Sec. 326. Fraud in connection with the Sec. 521. Sanctions for countries that delay and United States Citizenship transfer of custody of unaccom- or prevent repatriation of their Sec. 621. Barring terrorists from becoming panied alien children. nationals. naturalized United States citi- Sec. 327. Notification of States and foreign Sec. 522. Enhanced penalties for construc- zens. governments, reporting, and tion and use of border tunnels. Sec. 622. Terrorist bar to good moral char- monitoring. Sec. 523. Enhanced penalties for fraud and acter. Sec. 328. Emergency immigration judge re- misuse of visas, permits, and Sec. 623. Prohibition on judicial review of sources. other documents. naturalization applications for Sec. 329. Reports to Congress. Sec. 524. Expansion of criminal alien repa- TITLE IV—PENALTIES FOR SMUGGLING, aliens in removal proceedings. triation programs. Sec. 624. Limitation on judicial review when DRUG TRAFFICKING, HUMAN TRAF- Subtitle B—Strong Visa Integrity Secures agency has not made decision FICKING, TERRORISM, AND ILLEGAL America Act on naturalization application ENTRY AND REENTRY; BARS TO READ- and on denials. MISSION OF REMOVED ALIENS Sec. 531. Short title. Sec. 532. Visa security. Sec. 625. Clarification of denaturalization Sec. 401. Dangerous human smuggling, Sec. 533. Electronic passport screening and authority. human trafficking, and human biometric matching. Sec. 626. Denaturalization of terrorists. rights violations. Sec. 534. Reporting visa overstays. Sec. 627. Treatment of pending applications Sec. 402. Putting the Brakes on Human Sec. 535. Student and exchange visitor infor- during denaturalization pro- Smuggling Act. mation system verification. ceedings. Sec. 403. Drug trafficking and crimes of vio- Sec. 536. Social media review of visa appli- Sec. 628. Naturalization document retention. lence committed by illegal cants. aliens. Subtitle C—Forfeiture of Proceeds From Sec. 404. Establishing inadmissibility and Subtitle C—Visa Cancellation and Passport and Visa Offences, and Passport deportability. Revocation Revocation. Sec. 405. Penalties for illegal entry; en- Sec. 541. Cancellation of additional visas. Sec. 631. Forfeiture of proceeds from pass- hanced penalties for entering Sec. 542. Visa information sharing. port and visa offenses. with intent to aid, abet, or Sec. 543. Visa interviews. Sec. 632. Passport Revocation Act. commit terrorism. Sec. 544. Judicial review of visa revocation. TITLE VII—OTHER MATTERS Sec. 406. Penalties for reentry of removed Subtitle D—Secure Visas Act Sec. 701. Other Immigration and Nationality aliens. Sec. 407. Laundering of monetary instru- Sec. 551. Short title. Act amendments. Sec. 702. Exemption from the Administra- ments. Sec. 552. Authority of the Secretary of Sec. 408. Freezing bank accounts of inter- Homeland Security and Sec- tive Procedure Act. national criminal organizations retary of State. Sec. 703. Exemption from the Paperwork Re- and money launderers. Subtitle E—Other Matters duction Act. Sec. 704. Ability to fill and retain DHS posi- Sec. 409. Criminal proceeds laundered Sec. 561. Requirement for completion of tions in U.S. territories. through prepaid access devices, background checks. digital currencies, or other Sec. 705. Severability. Sec. 562. Withholding of adjudication. Sec. 706. Funding. similar instruments. Sec. 563. Access to the National Crime Infor- Sec. 410. Closing the loophole on drug cartel mation Center Interstate Iden- TITLE VIII—TECHNICAL AMENDMENTS associates engaged in money tification Index. Sec. 801. References to the Immigration and laundering. Sec. 564. Appropriate remedies for immigra- Nationality Act. TITLE V—PROTECTING NATIONAL tion litigation. Sec. 802. Title I technical amendments. SECURITY AND PUBLIC SAFETY Sec. 565. Use of 1986 IRCA legalization infor- Sec. 803. Title II technical amendments. Subtitle A—General Matters mation for national security Sec. 804. Title III technical amendments. Sec. 805. Title IV technical amendments. Sec. 501. Definition of engaging in terrorist purposes. Sec. 806. Title V technical amendments. activity. Sec. 566. Uniform statute of limitations for Sec. 502. Terrorist grounds of inadmis- certain immigration, natu- Sec. 807. Other amendments. sibility. ralization, and peonage of- Sec. 808. Repeals; construction. Sec. 503. Expedited removal for aliens inad- fenses. Sec. 809. Miscellaneous technical correc- missible on criminal or security Sec. 567. Conforming amendment to the defi- tions. grounds. nition of racketeering activity. SEC. 2. DEFINITIONS. Sec. 504. Detention of removable aliens. Sec. 568. Validity of electronic signatures. In this Act: Sec. 505. GAO study on deaths in custody. TITLE VI—PROHIBITION ON TERRORISTS (1) NORTHERN BORDER.—The term ‘‘north- Sec. 506. GAO study on migrant deaths. OBTAINING LAWFUL STATUS IN THE ern border’’ means the international border Sec. 507. Statute of limitations for visa, nat- UNITED STATES between the United States and Canada. uralization, and other fraud of- Subtitle A—Prohibition on Adjustment to (2) SOUTHERN BORDER.—The term ‘‘southern fenses involving war crimes or Lawful Permanent Resident Status border’’ means the international border be- human rights violations. tween the United States and Mexico. Sec. 508. Criminal detention of aliens to pro- Sec. 601. Lawful permanent residents as ap- TITLE I—BORDER SECURITY tect public safety. plicants for admission. Sec. 509. Recruitment of persons to partici- Sec. 602. Date of admission for purposes of SEC. 101. DEFINITIONS. pate in terrorism. adjustment of status. In this title: Sec. 510. Barring and removing persecutors, Sec. 603. Precluding asylee and refugee ad- (1) APPROPRIATE CONGRESSIONAL COM- war criminals, and participants justment of status for certain MITTEE.—The term ‘‘appropriate congres- in crimes against humanity grounds of inadmissibility and sional committee’’ has the meaning given from the United States. deportability. the term in section 2(2) of the Homeland Se- Sec. 511. Gang membership, removal, and in- Sec. 604. Precluding refugee adjustment of curity Act of 2002 (6 U.S.C. 101(2)). creased criminal penalties re- status for persecutors and (2) COMMISSIONER.—The term ‘‘Commis- lated to gang violence. human rights violators. sioner’’ means the Commissioner of U.S. Cus- Sec. 512. Barring aliens with convictions for Sec. 605. Removal of condition on lawful toms and Border Protection. driving under the influence or permanent resident status prior (3) HIGH TRAFFIC AREAS.—The term ‘‘high while intoxicated. to naturalization. traffic areas’’ has the meaning given that

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4835 term in section 102(e)(1) of the Illegal Immi- tical infrastructure, as the case may be, that the Commissioner shall ensure that U.S. gration Reform and Immigrant Responsi- would, in any manner, impede or negatively Border Patrol Sector Chiefs— bility Act of 1996, as amended by section 102 affect the safety of any officer or agent of (1) identify critical flight hour require- of this Act. the Department of Homeland Security or ments; and (4) SITUATIONAL AWARENESS.—The term any other Federal agency.’’; (2) direct Air and Marine Operations to ‘‘situational awareness’’ has the meaning (3) in subsection (c), by amending para- support requests from Sector Chiefs as their given that term in section 1092(a)(7) of the graph (1) to read as follows: primary mission. National Defense Authorization Act for Fis- ‘‘(1) IN GENERAL.—Notwithstanding any (f) STUDY AND REPORT.— cal Year 2017 (Public Law 114–328; 6 U.S.C. other provision of law, the Secretary of (1) STUDY.—Not later than 60 days after the 223(a)(7)). Homeland Security is authorized to waive all date of the enactment of this Act, the Sec- retary of Homeland Security shall com- Subtitle A—Infrastructure and Equipment legal requirements the Secretary of Home- land Security, in the Secretary’s sole discre- mence a comprehensive study on the realign- SEC. 102. STRENGTHENING THE REQUIREMENTS tion, determines necessary to ensure the ex- ment of the Air and Marine Office as a direc- FOR BARRIERS ALONG THE SOUTH- torate of U.S. Border Patrol. ERN BORDER. peditious construction, installation, oper- (2) REPORT.—Not later than 180 days after Section 102 of the Illegal Immigration Re- ation, and maintenance of the tactical infrastructure and technology under this section. the date of the enactment of this Act, the form and Immigrant Responsibility Act of Secretary of Homeland Security shall sub- 1996 (division C of Public Law 104–208; 8 Any such decision by the Secretary of Home- land Security shall be effective upon publica- mit a report to the Committee on Homeland U.S.C. 1103 note) is amended— Security and Governmental Affairs of the (1) by amending subsection (a) to read as tion in the Federal Register.’’; and (4) by striking subsection (d) and inserting Senate and the Committee on Homeland Se- follows: curity of the House of Representatives that ‘‘(a) IN GENERAL.—The Secretary of Home- the following: ‘‘(d) CONSTRUCTION, INSTALLATION AND contains the results of the study under para- land Security shall take such actions as may graph (1), including recommendations and be necessary (including the removal of obsta- MAINTENANCE OF TECHNOLOGY.— ‘‘(1) IN GENERAL.—Not later than January timeframes for implementing such realign- cles to the detection of illegal entrants) to ment described in such paragraph. construct, install, deploy, operate, and main- 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy SEC. 104. CAPABILITY DEPLOYMENT TO SPECIFIC tain tactical infrastructure and border tech- SECTORS AND REGIONS. nology in the vicinity of the United States the most practical and effective technology available along the United States border for (a) IN GENERAL.—Not later than January border to deter, impede, and detect illegal 20, 2021, the Secretary of Homeland Security, activity in high traffic areas.’’; achieving situational awareness and operational control of the border. in implementing section 102 of the Illegal (2) in subsection (b)— Immigration Reform and Immigrant Respon- (A) in the subsection heading, by striking ‘‘(2) TECHNOLOGY DEFINED.—In this subsection, the term ‘technology’ includes bor- sibility Act of 1996 (as amended by section ‘‘FENCING’’ and inserting ‘‘PHYSICAL BAR- 102 of this Act), and acting through the ap- der surveillance and detection technology, RIERS’’; propriate component of the Department of including— (B) in paragraph (1)— Homeland Security, shall deploy to each sec- ‘‘(A) radar surveillance systems; (i) in subparagraph (A), by inserting ‘‘situ- tor or region of the southern border and the ational awareness and’’ before ‘‘operational ‘‘(B) Vehicle and Dismount Exploitation northern border, in a prioritized manner to control’’; and Radars (VADER); achieve situational awareness and oper- (ii) by amending subparagraph (B) to read ‘‘(C) 3-dimensional, seismic acoustic detec- ational control of such borders, the following as follows: tion and ranging border tunneling detection additional capabilities: ‘‘(B) TACTICAL INFRASTRUCTURE.— technology; (1) SAN DIEGO SECTOR.—For the San Diego ‘‘(i) IN GENERAL.—Not later than January ‘‘(D) sensors; sector, the following: 20, 2021, the Secretary of Homeland Security, ‘‘(E) unmanned cameras; and (A) Subterranean surveillance and detec- in carrying out subsection (a), shall deploy ‘‘(F) man-portable and mobile vehicle- tion technologies. the most practical and effective tactical in- mounted unmanned aerial vehicles. (B) To increase coastal maritime domain ‘‘(e) DEFINITIONS.—In this section: frastructure available along the United awareness, the following: ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high States border for achieving situational (i) Deployable, lighter-than-air surface sur- traffic areas’ means sectors along the north- awareness and operational control. veillance equipment. ern, southern, or coastal border that— ‘‘(ii) TACTICAL INFRASTRUCTURE DEFINED.— (ii) Unmanned aerial vehicles with mari- ‘‘(A) are within the responsibility of U.S. In this subparagraph, the term ‘tactical in- time surveillance capability. Customs and Border Protection; and frastructure’ includes— (iii) Maritime patrol aircraft. ‘‘(B) have significant unlawful cross-border ‘‘(I) boat ramps, access gates, forward oper- (iv) Coastal radar surveillance systems. activity. ating bases, checkpoints, lighting, and roads, (v) Maritime signals intelligence capabili- ‘‘(2) SITUATIONAL AWARENESS.—The term and ties. ‘situational awareness’ has the meaning ‘‘(II) physical barriers (including fencing, (C) Ultralight aircraft detection capabili- given the term in section 1092(a)(7) of the Na- border wall system, and levee walls).’’; and ties. tional Defense Authorization Act for Fiscal (iii) in subparagraph (C), by amending (D) Advanced unattended surveillance sen- Year 2017 (Public Law 114–328).’’. clause (i) to read as follows: sors. SEC. 103. AIR AND MARINE OPERATIONS FLIGHT ‘‘(i) IN GENERAL.—In carrying out this sec- (E) A rapid reaction capability supported HOURS. tion, the Secretary of Homeland Security by aviation assets. (a) INCREASED FLIGHT HOURS.—The Sec- shall consult with the Secretary of the Inte- (F) Mobile vehicle-mounted and man-port- retary of Homeland Security shall ensure rior, the Secretary of Agriculture, Governors that not fewer than 95,000 annual flight able surveillance capabilities. of each State on the Southern land border hours are carried out by Air and Marine Op- (2) EL CENTRO SECTOR.—For the El Centro and Northern land border, other States, local erations of U.S. Customs and Border Protec- sector, the following: governments, Indian tribes, representatives tion. (A) Tower-based surveillance technology. of U.S. Border Patrol and U.S. Customs and (b) UNMANNED AERIAL SYSTEM.—The Sec- (B) Deployable, lighter-than-air ground Border Protection, relevant Federal, State, retary of Homeland Security shall ensure surveillance equipment. local, and tribal agencies that have jurisdic- that Air and Marine Operations operate un- (C) Man-portable unmanned aerial vehi- tion over the Southern land border, or in the manned aerial systems for not less than 24 cles. maritime environment, and private property hours per day for five days per week. (D) Ultralight aircraft detection capabili- owners in the United States to minimize the (c) CONTRACT AIR SUPPORT AUTHORIZA- ties. impact on the environment, culture, com- TION.—The Commissioner shall contract for (E) Advanced unattended surveillance sen- merce, and quality of life of the communities the unfulfilled identified air support mission sors. and residents located near the sites at which critical hours, as identified by the Chief of (F) A rapid reaction capability supported physical barriers and tactical infrastructure the U.S. Border Patrol. by aviation assets. is to be constructed.’’; (d) PRIMARY MISSION.—The Commissioner (3) YUMA SECTOR.—For the Yuma sector, (C) in paragraph (2)— shall ensure that— the following: (i) by striking ‘‘Attorney General’’ and in- (1) the primary mission for Air and Marine (A) Tower-based surveillance technology. serting ‘‘Secretary of Homeland Security’’; Operations is to directly support U.S. Border (B) Mobile vehicle-mounted and man-port- and Patrol activities along the southern border; able surveillance systems. (ii) by striking ‘‘construction of fences’’ and (C) Deployable, lighter-than-air ground and inserting ‘‘the construction of physical (2) the Executive Associate Commissioner surveillance equipment. barriers’’; and of Air and Marine Operations assigns the (D) Ultralight aircraft detection capabili- (D) by amending paragraph (3) to read as greatest priority to support missions estab- ties. follows: lished by the Commissioner to carry out the (E) Advanced unattended surveillance sen- ‘‘(3) AGENT SAFETY.—In carrying out this requirements under this Act. sors. section, the Secretary of Homeland Security (e) HIGH-DEMAND FLIGHT HOUR REQUIRE- (F) A rapid reaction capability supported may not construct reinforced fencing, or tac- MENTS.—In accordance with subsection (c), by aviation assets.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4836 CONGRESSIONAL RECORD — SENATE August 3, 2017 (G) Mobile vehicle-mounted and man-port- (B) Increased flight hours for aerial detec- (H) Modernized port of entry surveillance able surveillance capabilities. tion, interdiction, and monitoring operations capabilities. (H) Man-portable unmanned aerial vehi- capability. (I) Increased maritime interdiction capa- cles. (C) Ultralight aircraft detection capabilities. (4) TUCSON SECTOR.—For the Tucson sector, bility. (13) SPOKANE SECTOR.—For the Spokane the following: (D) Advanced unattended surveillance sen- sector, the following: (A) Increased flight hours for aerial detec- sors. (A) Mobile vehicle-mounted and man-port- tion, interdiction, and monitoring operations (E) Increased monitoring for cross-river able surveillance capabilities. capability. dams, culverts, footpaths. (B) Advanced unattended surveillance sen- (B) Man-portable unmanned aerial vehi- (F) A rapid reaction capability supported sors. cles. by aviation assets. (C) Improved agent communications sys- (C) Tower-based surveillance technology. (G) Mobile vehicle-mounted and man-port- tems. (D) Ultralight aircraft detection capabili- able surveillance capabilities. (D) Increased flight hours for aerial detec- ties. (H) Man-portable unmanned aerial vehi- tion, interdiction, and monitoring operations (E) Advanced unattended surveillance sen- cles. capability. sors. (10) EASTERN PACIFIC MARITIME REGION.— (E) Man-portable unmanned aerial vehi- (F) Deployable, lighter-than-air ground For the Eastern Pacific Maritime region, the cles. surveillance equipment. following: (F) Completion of six miles of the Bog (G) A rapid reaction capability supported (A) Not later than two years after the date Creek road. by aviation assets. of the enactment of this Act, an increase of (G) Ultralight aircraft detection capabili- (5) EL PASO SECTOR.—For the El Paso sec- not less than ten percent in the number of ties. tor, the following: overall cutter, boat, and aircraft hours spent (H) Modernized port of entry surveillance (A) Tower-based surveillance technology. conducting interdiction operations over the capabilities. (B) Ultralight aircraft detection capabili- average number of such hours during the (I) Increased maritime interdiction capa- ties. preceding three fiscal years. bilities. (C) Advanced unattended surveillance sen- (B) Increased maritime signals intelligence (14) HAVRE SECTOR.—For the Havre sector, sors. capabilities. the following: (D) Mobile vehicle-mounted and man-port- (C) To increase maritime domain aware- (A) Mobile vehicle-mounted and man-portable surveillance systems. ness, the following: able surveillance capabilities. (E) Deployable, lighter-than-air ground (i) Unmanned aerial vehicles with mari- (B) Advanced unattended surveillance sen- surveillance equipment. time surveillance capability. sors. (F) A rapid reaction capability supported (ii) Increased maritime aviation patrol (C) Improved agent communications sys- by aviation assets. hours. tems. (G) Man-portable surveillance capabilities. (D) Increased operational hours for mari- (D) Increased flight hours for aerial detec- (6) BIG BEND SECTOR.—For the Big Bend time security components dedicated to joint tion, interdiction, and monitoring operations sector, the following: counter-smuggling and interdiction efforts capability. (A) Tower-based surveillance technology. with other Federal agencies, including the (E) Man-portable unmanned aerial vehi- (B) Deployable, lighter-than-air ground Deployable Specialized Forces of the Coast cles. surveillance equipment. Guard. (F) Ultralight aircraft detection capabili- (C) Improved agent communications capa- (11) CARIBBEAN AND GULF MARITIME RE- ties. bilities. GION.—For the Caribbean and Gulf Maritime (G) Modernized port of entry surveillance (D) Ultralight aircraft detection capabili- region, the following: capabilities. ties. (A) Not later than two years after the date (15) GRAND FORKS SECTOR.—For the Grand (E) Advanced unattended surveillance sen- of the enactment of this Act, an increase of Forks sector, the following: sors. not less than ten percent in the number of (A) Mobile vehicle-mounted and man-port- (F) A rapid reaction capability supported overall cutter, boat, and aircraft hours spent able surveillance capabilities. by aviation assets. conducting interdiction operations over the (B) Advanced unattended surveillance sen- (G) Mobile vehicle-mounted and man-port- average number of such hours during the sors. able surveillance capabilities. preceding three fiscal years. (C) Improved agent communications sys- (H) Man-portable unmanned aerial vehi- (B) Increased maritime signals intelligence tems. cles. capabilities. (D) Increased flight hours for aerial detec- (7) DEL RIO SECTOR.—For the Del Rio sec- (C) Increased maritime domain awareness tion, interdiction, and monitoring operations tor, the following: and surveillance capabilities, including the capability. (A) Increased monitoring for cross-river following: (E) Man-portable unmanned aerial vehi- dams, culverts, and footpaths. (i) Unmanned aerial vehicles with mari- cles. (B) Improved agent communications capa- time surveillance capability. (F) Ultralight aircraft detection capabili- bilities. (ii) Increased maritime aviation patrol ties. (C) Improved maritime capabilities in the hours. (G) Modernized port of entry surveillance Amistad National Recreation Area. (iii) Coastal radar surveillance systems capabilities. (D) Advanced unattended surveillance sen- with long range day and night cameras capa- (16) DETROIT SECTOR.—For the Detroit sec- sors. ble of providing 100 percent maritime domain tor, the following: (E) A rapid reaction capability supported awareness of the United States territorial (A) Coastal radar surveillance systems. by aviation assets. waters surrounding Puerto Rico, Mona Is- (B) Mobile vehicle-mounted and man-port- (F) Mobile vehicle-mounted and man-port- land, Desecheo Island, Vieques Island, able surveillance capabilities. able surveillance capabilities. Culebra Island, Saint Thomas, Saint John, (C) Advanced unattended surveillance sen- (G) Man-portable unmanned aerial vehi- and Saint Croix. sors. cles. (D) Increased operational hours for mari- (D) Improved agent communications sys- (8) LAREDO SECTOR.—For the Laredo sector, time security components dedicated to joint tems. the following: counter-smuggling and interdiction efforts (E) Increased flight hours for aerial detec- (A) Maritime detection resources for the with other Federal agencies, including the tion, interdiction, and monitoring operations Falcon Lake region. Deployable Specialized Forces of the Coast capability. (B) Increased flight hours for aerial detec- Guard. (F) Man-portable unmanned aerial vehi- tion, interdiction, and monitoring operations (12) BLAINE SECTOR.—For the Blaine sector, cles. capability. the following: (G) Ultralight aircraft detection capabili- (C) Increased monitoring for cross-river (A) Coastal radar surveillance systems. ties. dams, culverts, and footpaths. (B) Mobile vehicle-mounted and man-port- (H) Modernized port of entry surveillance (D) Ultralight aircraft detection capa- able surveillance capabilities. capabilities. bility. (C) Advanced unattended surveillance sen- (I) Increased maritime interdiction capa- (E) Advanced unattended surveillance sensors. bilities. sors. (D) Improved agent communications sys- (17) BUFFALO SECTOR.—For the Buffalo sec- (F) A rapid reaction capability supported tems. tor, the following: by aviation assets. (E) Increased flight hours for aerial detec- (A) Coastal radar surveillance systems. (G) Man-portable unmanned aerial vehi- tion, interdiction, and monitoring operations (B) Mobile vehicle-mounted and man-port- cles. capability. able surveillance capabilities. (9) RIO GRANDE VALLEY SECTOR.—For the (F) Man-portable unmanned aerial vehi- (C) Advanced unattended surveillance sen- Rio Grande Valley sector, the following: cles. sors. (A) Deployable, lighter-than-air ground (G) Ultralight aircraft detection capabili- (D) Improved agent communications sys- surveillance equipment. ties. tems.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4837 (E) Increased flight hours for aerial detec- ments referred to in this section if the Com- thresholds as specified in such baseline, in tion, interdiction, and monitoring operations mandant— compliance with relevant departmental ac- capability. (i) determines, after consultation with the quisition policies and the Federal Acquisi- (F) Man-portable unmanned aerial vehi- appropriate committees referred to in sub- tion Regulation; and cles. paragraph (A), that such alteration is nec- ‘‘(3) have a plan for meeting program im- (G) Ultralight aircraft detection capabili- essary; and plementation objectives by managing con- ties. (ii) not later than 30 days after making a tractor performance. (H) Modernized port of entry surveillance determination under clause (i), notifies the ‘‘(c) ADHERENCE TO STANDARDS.—The Sec- capabilities. committees referred to in such subparagraph retary, acting through the Under Secretary (I) Increased maritime interdiction capa- regarding such alteration, including infor- for Management and the Commissioner of bilities. mation relating to— U.S. Customs and Border Protection, shall (18) SWANTON SECTOR.—For the Swanton (I) the number and types of assets and per- ensure border security technology acquisi- sector, the following: sonnel deployed pursuant to such alteration; tion program managers who are responsible (A) Mobile vehicle-mounted and man-port- and for carrying out this section adhere to rel- able surveillance capabilities. (II) the impact such alteration has on the evant internal control standards identified (B) Advanced unattended surveillance sen- capability of the Coast Guard to conduct its by the Comptroller General of the United sors. mission in each of the sectors referred to in States. The Commissioner shall provide in- (C) Improved agent communications sys- subsection (a). formation, as needed, to assist the Under tems. SEC. 105. U.S. BORDER PATROL PHYSICAL INFRA- Secretary in monitoring management of bor- (D) Increased flight hours for aerial detec- STRUCTURE IMPROVEMENTS. der security technology acquisition pro- tion, interdiction, and monitoring operations The Secretary of Homeland Security shall grams under this section. capability. upgrade existing physical infrastructure of ‘‘(d) PLAN.—The Secretary, acting through (E) Man-portable unmanned aerial vehi- the Department of Homeland Security, and the Under Secretary for Management, in co- cles. construct and acquire additional physical in- ordination with the Under Secretary for (F) Ultralight aircraft detection capabili- frastructure, including— Science and Technology and the Commis- ties. (1) U.S. Border Patrol stations; sioner of U.S. Customs and Border Protec- (G) Modernized port of entry surveillance (2) U.S. Border Patrol checkpoints; tion, shall submit to the appropriate con- capabilities. (3) mobile command centers; and gressional committees a plan for testing and (19) HOULTON SECTOR.—For the Houlton (4) other necessary facilities, structures, evaluation, as well as the use of independent sector, the following: and properties. verification and validation resources, for (A) Mobile vehicle-mounted and man-port- SEC. 106. U.S. BORDER PATROL ACTIVITIES. border security technology so that new bor- able surveillance capabilities. The Chief of the U.S. Border Patrol shall der security technologies are evaluated (B) Advanced unattended surveillance sen- direct agents of the U.S. Border Patrol to pa- through a series of assessments, processes, sors. trol as close to the physical land border as and audits to ensure compliance with rel- (C) Improved agent communications sys- possible, consistent with the accessibility to evant departmental acquisition policies and tems. such areas. the Federal Acquisition Regulation, as well (D) Increased flight hours for aerial detec- SEC. 107. U.S. BORDER PATROL FORWARD OPER- as the effectiveness of taxpayer dollars.’’. tion, interdiction, and monitoring operations ATING BASES. (b) CLERICAL AMENDMENT.—The table of capability. (a) UPGRADES AND MAINTENANCE FOR FOR- contents in section 1(b) of the Homeland Se- (E) Man-portable unmanned aerial vehi- WARD OPERATING BASES.—Not later than curity Act of 2002 is amended by inserting cles. January 20, 2021, the Secretary of Homeland after the item relating to section 433 the fol- (F) Ultralight aircraft detection capabili- Security shall upgrade existing forward oper- lowing new item: ties. ating bases of U.S. Border Patrol on or near ‘‘Sec. 434. Border security technology pro- (G) Modernized port of entry surveillance the southern border to ensure that such gram management.’’. capabilities. bases meet the minimum requirements set (c) PROHIBITION ON ADDITIONAL AUTHORIZA- (b) REIMBURSEMENT RELATED TO THE LOWER forth in subsection (b). TION OF PPROPRIATIONS RIO GRANDE VALLEY FLOOD CONTROL (b) MINIMUM REQUIREMENTS.—Each forward A .—No additional PROJECT.—The International Boundary and operating base operated by U.S. Customs and funds are authorized to be appropriated to Water Commission is authorized to reim- Border Protection shall be equipped with— carry out section 434 of the Homeland Secu- burse State and local governments for any (1) perimeter security; rity Act of 2002, as added by subsection (a). expenses incurred before, on, or after the (2) short-term detention space (separate Such section shall be carried out using date of the enactment of this Act by such from existing housing facilities); amounts otherwise authorized for such pur- governments in designing, constructing, and (3) portable generators or shore power suf- poses. rehabilitating the Lower Rio Grande Valley ficient to meet the power requirements for SEC. 109. AUTHORITY TO ACQUIRE LEASEHOLDS. Flood Control Project of the Commission. the base; Notwithstanding any other provision of (c) TACTICAL FLEXIBILITY.— (4) interview rooms; law, if the Secretary of Homeland Security (1) SOUTHERN AND NORTHERN LAND BOR- (5) adequate communications, including determines that the acquisition of a lease- DERS.—The Secretary of Homeland Security wide area network connectivity; hold interest in real property and the con- may alter the capability deployment re- (6) cellular service; struction or modification of any facility on ferred to in this section if the Secretary de- (7) potable water; and the leased property are necessary to facili- termines, after notifying the Committee on (8) a helicopter landing zone. tate the implementation of this Act, the Sec- Homeland Security and Governmental Af- SEC. 108. BORDER SECURITY TECHNOLOGY PRO- retary may— fairs of the Senate and the Committee on GRAM MANAGEMENT. (1) acquire a leasehold interest; Homeland Security of the House of Rep- (a) IN GENERAL.—Subtitle C of title IV of (2) construct or modify such facility; resentatives, that such alteration is required the Homeland Security Act of 2002 (6 U.S.C. (3) accept real or personal property dona- to enhance situational awareness or oper- 231 et seq.) is amended by adding at the end tions of any value through U.S. Customs and ational control. the following new section: Border Protection’s Donations Acceptance (2) MARITIME BORDER.— ‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PRO- Program under the Cross-Border Trade En- (A) NOTIFICATION.—The Commandant of GRAM MANAGEMENT. hancement Act of 2016 (Public Law 114–279) the Coast Guard shall notify the Committee ‘‘(a) MAJOR ACQUISITION PROGRAM DE- or through other public-public or public-prion Homeland Security and Governmental Af- FINED.—In this section, the term ‘major ac- vate partnership arrangements at any loca- fairs of the Senate, the Committee on Com- quisition program’ means an acquisition pro- tion at which U.S. Customs and Border Pro- merce, Science, and Transportation of the gram of the Department that is estimated by tection operates; and Senate, the Committee on Homeland Secu- the Secretary to require an eventual total (4) designate any leasing action as exempt rity of the House of Representatives, and the expenditure of at least $300,000,000 (based on from Federal lease scoring rules. Committee on Transportation and Infra- fiscal year 2017 constant dollars) over its life SEC. 110. NATIONAL GUARD SUPPORT TO SECURE structure of the House of Representatives re- cycle cost. THE SOUTHERN BORDER AND REIM- garding the capability deployments referred ‘‘(b) PLANNING DOCUMENTATION.—For each BURSEMENT OF STATES FOR DE- to in this section, including information re- border security technology acquisition pro- PLOYMENT OF THE NATIONAL lating to— gram of the Department that is determined GUARD AT THE SOUTHERN BORDER. (i) the number and types of assets and per- to be a major acquisition program, the Sec- (a) IN GENERAL.—With the approval of the sonnel deployed; and retary shall— Secretary of Defense, the Secretary of Home- (ii) the impact such deployments have on ‘‘(1) ensure that each such program has a land Security, or the Governor of a State the capability of the Coast Guard to conduct written acquisition program baseline ap- may order any units or personnel of the Na- its mission in each of the sectors referred to proved by the relevant acquisition decision tional Guard of such State to perform oper- in paragraphs (10) and (11) of subsection (a). authority; ations and missions under section 502(f) of (B) ALTERATION.—The Commandant of the ‘‘(2) document that each such program is title 32, United States Code, along the south- Coast Guard may alter the capability deploy- meeting cost, schedule, and performance ern border for the purposes of assisting U.S.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4838 CONGRESSIONAL RECORD — SENATE August 3, 2017 Customs and Border Protection to secure the retary of Defense may not seek reimburse- the Government of Mexico are inadequate to southern border. ment from the Secretary of Homeland Secu- address such matters. (b) ASSIGNMENT OF OPERATIONS AND MIS- rity for any assistance provided under this (3) CONGRESSIONAL COMMITTEES SPECI- SIONS.— section. FIED.—The congressional committees speci- (1) IN GENERAL.—National Guard units and (e) REPORTS.— fied in this paragraph are— personnel deployed under subsection (a) may (1) IN GENERAL.—Not later than 90 days (A) the Committee on Appropriations of be assigned such operations and missions after the date of the enactment of this Act, the Senate; specified in subsection (c) as may be nec- and annually thereafter, the Secretary of De- (B) the Committee on Homeland Security essary to secure the southern border. fense shall submit a report to the appro- and Governmental Affairs of the Senate; (2) NATURE OF DUTY.—The duty of National priate congressional defense committees (as (C) the Committee on the Judiciary of the Guard personnel performing operations and defined in section 101(a)(16) of title 10, United Senate; missions described in paragraph (1) shall be States Code) regarding any assistance pro- (D) the Committee on Appropriations of full-time duty under title 32, United States vided under subsection (a) during the period the House of Representatives; Code. specified in paragraph (3). (E) the Committee on Homeland Security (c) RANGE OF OPERATIONS AND MISSIONS.— (2) ELEMENTS.—Each report under para- of the House of Representatives; and The operations and missions assigned under graph (1) shall include, for the period speci- (F) the Committee on the Judiciary of the subsection (b) shall include the temporary fied in paragraph (3), a description of— House of Representatives. authority to— (A) the assistance provided; (d) NOTIFICATIONS.—Any assistance made (1) construct reinforced fencing or other (B) the sources and amounts of funds used available by the Secretary of State under barriers; to provide such assistance; and this section shall be subject to— (2) conduct ground-based surveillance sys- (C) the amounts obligated to provide such (1) the notification procedures set forth in tems; assistance. section 634A of the Foreign Assistance Act of (3) operate unmanned and manned aircraft; (3) PERIOD SPECIFIED.—The period specified 1961 (22 U.S.C. 2394–1); and (4) provide radio communications inter- in this paragraph is— (2) the notification requirements of— operability between U.S. Customs and Bor- (A) in the case of the first report required (A) the Committee on Homeland Security der Protection and State, local, and tribal under paragraph (1), the 90-day period begin- and Governmental Affairs of the Senate; law enforcement agencies; and ning on the date of the enactment of this (B) the Committee on the Judiciary of the (5) construct checkpoints along the south- Act; and Senate; ern border to bridge the gap to long-term (B) in the case of any subsequent report (C) the Committee on Homeland Security permanent checkpoints. submitted under paragraph (1), the calendar of the House of Representatives; and (d) MATERIEL AND LOGISTICAL SUPPORT.— year for which the report is submitted. (D) the Committee on the Judiciary of the The Secretary of Defense shall deploy such SEC. 112. MERIDA INITIATIVE. House of Representatives. materiel and equipment, and logistical sup- (a) SENSE OF CONGRESS.—It is the sense of (e) SPENDING PLAN.— port as may be necessary to ensure success Congress that assistance to Mexico, includ- (1) IN GENERAL.—Not later than 45 days of the operations and missions conducted by ing assistance from the Department of State after the date of the enactment of this Act, the National Guard under this section. and the Department of Defense and any aid the Secretary of State shall submit, to the (e) EXCLUSION FROM NATIONAL GUARD PER- related to the Merida Initiative, should— congressional committees specified in para- SONNEL STRENGTH LIMITATIONS.—National (1) focus on providing enhanced border se- graph (2), a detailed spending plan for assist- Guard personnel deployed under subsection curity and judicial reform and support for ance to Mexico under this section, which (a) shall not be included in— Mexico’s drug crop eradication efforts; and shall include a strategy, developed after con- (1) the calculation to determine compli- (2) return to its original focus and sulting with relevant authorities of the Gov- ance with limits on end strength for Na- prioritize security, training, and acquisition ernment of Mexico for— tional Guard personnel; or of equipment for Mexican security forces in- (A) combating drug trafficking and related (2) limits on the number of National Guard volved in drug crop eradication efforts. violence and organized crime; and personnel that may be placed on active duty (b) ASSISTANCE FOR MEXICO.—The Sec- (B) anti-corruption and rule of law activi- for operational support under section 115 of retary of State, in coordination with the ties, which shall include concrete goals, ac- title 10, United States Code. Secretary of Homeland Security, and the tions to be taken, budget proposals, and a de- (f) REIMBURSEMENT REQUIRED.— Secretary of Defense shall provide assistance scription of anticipated results. (1) IN GENERAL.—The Secretary of Defense to Mexico to— (2) CONGRESSIONAL COMMITTEES SPECI- shall reimburse States for the cost of the de- (1) combat drug trafficking and related vi- FIED.—The congressional committees speci- ployment of any units or personnel of the olence, organized crime, and corruption; fied in this paragraph are— National Guard to perform operations and (2) build a modern border security system (A) the Committee on Appropriations of missions in full-time State Active Duty in capable of preventing illegal migration; the Senate; support of a southern border mission. The (3) support border security and cooperation (B) the Committee on Foreign Relations of Secretary of Defense may not seek reim- with United States law enforcement agencies the Senate; bursement from the Secretary of Homeland on border incursions; (C) the Committee on Homeland Security Security for any reimbursements to States (4) support judicial reform, institution and Governmental Affairs of the Senate; for the costs of such deployments. building, and rule of law activities; and (D) the Committee on the Judiciary of the (2) LIMITATION.—The total amount of reim- (5) provide for training and equipment for Senate; bursements under this section may not ex- Mexican security forces involved in drug (E) the Committee on Appropriations of ceed $35,000,000 for any fiscal year. crop eradication efforts. the House of Representatives; SEC. 111. OPERATION PHALANX. (c) ALLOCATION OF FUNDS; REPORT.— (F) the Committee on Foreign Affairs of (a) IN GENERAL.—The Secretary of Defense, (1) IN GENERAL.—Notwithstanding any the House of Representatives; with the concurrence of the Secretary of other provision of law, 50 percent of any as- (G) the Committee on Homeland Security Homeland Security, shall provide assistance sistance appropriated in any appropriations of the House of Representatives; and to U.S. Customs and Border Protection for Act to implement this section shall be with- (H) the Committee on the Judiciary of the purposes of increasing ongoing efforts to se- held until after the Secretary of State sub- House of Representatives. cure the southern border. mits a written report to the congressional SEC. 113. PROHIBITIONS ON ACTIONS THAT IM- (b) TYPES OF ASSISTANCE AUTHORIZED.— committees specified in paragraph (3) certi- PEDE BORDER SECURITY ON CER- The assistance provided under subsection (a) fying that the Government of Mexico is— TAIN FEDERAL LAND. may include— (A) significantly reducing illegal migra- (a) PROHIBITION ON INTERFERENCE WITH (1) deployment of manned aircraft, un- tion, drug trafficking, and cross-border U.S. CUSTOMS AND BORDER PROTECTION.— manned aerial surveillance systems, and criminal activities; and (1) IN GENERAL.—The Secretary concerned ground-based surveillance systems to sup- (B) improving the transparency and ac- shall not impede, prohibit, or restrict activi- port continuous surveillance of the southern countability of Mexican Federal police forces ties of U.S. Customs and Border Protection border; and and working with Mexican State and munic- on covered Federal land to execute search (2) intelligence analysis support. ipal authorities to improve the transparency and rescue operations or to prevent all un- (c) MATERIEL AND LOGISTICAL SUPPORT.— and accountability of Mexican State and mu- lawful entries into the United States, includ- The Secretary of Defense may deploy such nicipal police forces. ing entries by terrorists, other unlawful materiel, equipment, and logistics support as (2) MATTERS TO INCLUDE.—The report re- aliens, instruments of terrorism, narcotics, may be necessary to ensure the effectiveness quired under paragraph (1) shall include a de- and other contraband through the southern of the assistance provided under subsection scription of— border or the northern border. (a). (A) actions taken by the Government of (2) APPLICABILITY.—The authority of U.S. (d) AUTHORIZATION OF APPROPRIATIONS.— Mexico to address the matters described in Customs and Border Protection to conduct There are authorized to be appropriated for such paragraph; and activities described in paragraph (1) on cov- the Department of Defense $75,000,000 to pro- (B) any instances in which the Secretary of ered Federal land applies without regard to vide assistance under this section. The Sec- State determines that the actions taken by whether a state of emergency exists.

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(b) AUTHORIZED ACTIVITIES OF U.S. CUS- known as the ‘‘Administrative Procedure (1) may advise, consult with, report to, and TOMS AND BORDER PROTECTION.— Act’’). make recommendations to the Secretary on (1) IN GENERAL.—U.S. Customs and Border (X) The Otay Mountain Wilderness Act of matters relating to border security matters, Protection shall have immediate access to 1999 (Pub. L. 106–145). including— covered Federal land to conduct the activi- (Y) Sections 102(29) and 103 of the Cali- (A) verifying security claims and the bor- ties described in paragraph (2) on such land fornia Desert Protection Act of 1994 (Pub. L. der security metrics established by the De- to prevent all unlawful entries into the 103–433). partment of Homeland Security under sec- United States, including entries by terror- (Z) Division A of subtitle I of title 54, tion 1092 of the National Defense Authoriza- ists, other unlawful aliens, instruments of United States Code (formerly known as the tion Act for Fiscal Year 2017 (Public Law 114- terrorism, narcotics, and other contraband ‘‘National Park Service Organic Act’’). 328; 6 U.S.C. 223); and through the southern border or the northern (AA) The National Park Service General (B) discussing ways to improve the secu- border. Authorities Act (16 U.S.C. 1a–1 et seq.). rity of high traffic areas along the northern (2) ACTIVITIES DESCRIBED.—The activities (BB) Sections 401(7), 403, and 404 of the Na- border and the southern border; and described in this paragraph are— tional Parks and Recreation Act of 1978 (2) may provide, through the Secretary, (A) the use of vehicles to patrol the border (Pub. L. 95–625). recommendations to Congress. area, apprehend illegal entrants, and rescue (CC) Subsections (a) through (f) of section (b) CONSIDERATION OF VIEWS.—The Sec- individuals; and 301 of the Arizona Desert Wilderness Act of retary of Homeland Security shall consider (B) the construction, installation, oper- 1990 (16 U.S.C. 1132 note). the information, advice, and recommenda- ation and maintenance of tactical infra- (DD) The Act of March 3, 1899 (33 U.S.C. 401 tions of the National Border Security Advi- structure and border technology as set forth et seq.) (commonly known as the ‘‘Rivers sory Committee in formulating policy rein section 102 of the Illegal Immigration Re- and Harbors Appropriation Act of 1899’’). garding matters affecting border security. form and Immigrant Responsibility Act of (EE) The Act of June 8, 1940 (16 U.S.C. 668 (c) MEMBERSHIP.—The National Border Se- 1996 (as amended by section 102 of this Act). et seq.) (commonly known as the ‘‘Bald and curity Advisory Committee shall consist of (c) EXEMPTION FROM CERTAIN LAWS.— Golden Eagle Protection Act’’). at least one member per State who— (1) IN GENERAL.—The activities of U.S. Cus- (FF) The Native American Graves Protec- (1) has at least 5 years practical experience toms and Border Protection described in sub- tion and Repatriation Act (25 U.S.C. 3001 et in border security operations; or section (b)(2) may be carried out without re- seq.). (2) lives and works in the United States gard to the provisions of law specified in (GG) Public Law 95–341 (42 U.S.C. within 80 miles from the southern border or paragraph (2). 1996)(commonly known as the ‘‘American In- the northern border. (2) PROVISIONS OF LAW SPECIFIED.—The pro- (d) NONAPPLICABILITY OF FEDERAL ADVI- dian Religious Freedom Act’’). visions of law specified in this paragraph are SORY COMMITTEE ACT.—The Federal Advisory (HH) The Religious Freedom Restoration all Federal, State, and other laws, regula- Committee Act (5 U.S.C. App.) shall not Act of 1993 (42 U.S.C. 2000bb et seq.). tions, and legal requirements of, deriving apply to the National Border Security Advi- (II) The National Forest Management Act from, or related to the subject of, the fol- sory Committee. of 1976 (16 U.S.C. 472a et seq.). lowing laws: (JJ) The Multiple-Use Sustained-Yield Act SEC. 115. LIMITATION ON LAND OWNER’S LIABIL- (A) The National Environmental Policy ITY. of 1960 (16 U.S.C. 528 et seq.). Act (42 U.S.C. 4321 et seq.). Section 287 of the Immigration and Nation- (3) APPLICABILITY OF WAIVER TO SUCCESSOR (B) The Endangered Species Act of 1973 (16 ality Act (8 U.S.C. 1357) is amended by add- LAWS.—If a provision of law specified in para- U.S.C. 1531 et seq.). ing at the end the following: graph (2) was repealed and incorporated into (C) The Federal Water Pollution Control ‘‘(i) INDEMNITY FOR ACTIONS OF LAW EN- Act (33 U.S.C. 1251 et seq.) (commonly re- title 54, United States Code, after April 1, FORCEMENT OFFICERS.— ferred to as the ‘‘Clean Water Act’’). 2008, and before the date of the enactment of ‘‘(1) IN GENERAL.—Notwithstanding any (D) Division A of subtitle III of title 54, this Act, the waiver described in paragraph other provision of law, and subject to appro- United States Code (54 U.S.C. 300301 et seq.) (1) shall apply to the provision of such title priations, any owner of land located in the (formerly known as the ‘‘National Historic that corresponds to the provision of law United States within 100 miles of the south- Preservation Act’’). specified in paragraph (2) to the same extent ern border of the United States may seek re- (E) The Migratory Bird Treaty Act (16 as the waiver applied to that provision of imbursement from the Department of Home- U.S.C. 703 et seq.). law. land Security and the Secretary of Homeland (F) The Clean Air Act (42 U.S.C. 7401 et (d) PROTECTION OF LEGAL USES.—This sec- Security shall pay for any adverse final tort tion may not be construed to provide— seq.). judgment for negligence (excluding attor- (G) The Archeological Resources Protec- (1) authority to restrict legal uses, such as neys’ fees and costs) authorized under Fed- tion Act of 1979 (16 U.S.C. 470aa et seq.). grazing, hunting, mining, or recreation or eral or State tort law, arising directly from (H) The Safe Drinking Water Act (42 U.S.C. the use of back country airstrips, on land any border patrol action, such as apprehen- 300f et seq.). under the jurisdiction of the Secretary of the sions, tracking, and detention of aliens, that (I) The Noise Control Act of 1972 (42 U.S.C. Interior or the Secretary of Agriculture; or is conducted on privately-owned land if— 4901 et seq.). (2) any additional authority to restrict ‘‘(A) such land owner has been found neg- (J) The Solid Waste Disposal Act (42 U.S.C. legal access to such land. ligent by a Federal or State court in any (e) EFFECT ON STATE AND PRIVATE LAND.— 6901 et seq.). tort litigation; This section shall— (K) The Comprehensive Environmental Re- ‘‘(B) such land owner has not already been (1) have no force or effect on State lands or sponse, Compensation, and Liability Act of reimbursed for the final tort judgment, in- private lands; and 1980 (42 U.S.C. 9601 et seq.). cluding outstanding attorneys’ fees and (2) not provide authority on or access to (L) Chapter 3125 of title 54, United States costs; State lands or private lands. Code (formerly known as the ‘‘Archae- ‘‘(C) such land owner did not have or does (f) TRIBAL SOVEREIGNTY.—Nothing in this ological and Historic Preservation Act’’). section may be construed to supersede, re- not have sufficient property insurance to (M) The Antiquities Act (16 U.S.C. 431 et place, negate, or diminish treaties or other cover the judgment and has had an insurance seq.). agreements between the United States and claim for such coverage denied; and (N) Chapter 3203 of title 54, United States Indian tribes. ‘‘(D) such tort action was brought against Code (formerly known as the ‘‘Historic Sites, (g) DEFINITIONS.—In this section: such land owner as a direct result of activity Buildings, and Antiquities Act’’). (1) COVERED FEDERAL LAND.—The term of law enforcement officers of the Depart- (O) The Wild and Scenic Rivers Act (16 ‘‘covered Federal land’’ includes all land ment of Homeland Security, acting in their U.S.C. 1271 et seq.). under the control of the Secretary concerned official capacity, on the owner’s land. (P) The Farmland Protection Policy Act (7 that is located within 100 miles of the south- ‘‘(2) DEFINITIONS.—In this subsection— U.S.C. 4201 et seq.). ern border or the northern border. ‘‘(A) the term ‘land’ includes roads, water, (Q) The Coastal Zone Management Act of (2) SECRETARY CONCERNED.—The term ‘‘Sec- watercourses, and private ways, and build- 1972 (16 U.S.C. 1451 et seq.). retary concerned’’ means— ings, structures, machinery, and equipment (R) The Wilderness Act (Pub. L. 88-577, 16 (A) with respect to land under the jurisdic- that is attached to real property; and U.S.C. 1131 et seq.). tion of the Department of Agriculture, the ‘‘(B) the term ‘owner’ includes the pos- (S) The Federal Land Policy and Manage- Secretary of Agriculture; and sessor of a fee interest, a tenant, a lessee, an ment Act of 1976 (43 U.S.C. 1701 et seq.). (B) with respect to land under the jurisdic- occupant, the possessor of any other interest (T) The National Wildlife Refuge System tion of the Department of the Interior, the in land, and any person having a right to Administration Act of 1966 (16 U.S.C. 668dd et Secretary of the Interior. grant permission to use the land. seq.). SEC. 114. LANDOWNER AND RANCHER SECURITY ‘‘(3) EXCEPTIONS.—Nothing in this sub- (U) The Fish and Wildlife Act of 1956 (16 ENHANCEMENT. section may be construed to require the Sec- U.S.C. 742a, et seq.). (a) ESTABLISHMENT OF NATIONAL BORDER retary of Homeland Security to reimburse, (V) The Fish and Wildlife Coordination Act SECURITY ADVISORY COMMITTEE.—The Sec- under subparagraph (i)(1), a land owner for (16 U.S.C. 661 et seq.). retary of Homeland Security shall establish any adverse final tort judgment for neg- (W) Subchapter II of chapter 5, and chapter a National Border Security Advisory Com- ligence or to limit land owner liability which 7, of title 5, United States Code (commonly mittee, which— would otherwise exist for—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4840 CONGRESSIONAL RECORD — SENATE August 3, 2017 ‘‘(A) willful or malicious failure to guard or plant that threatens any segment of agri- (A) the requirement under section 3301 of or warn against a known dangerous condi- culture. title 41, United States Code, to obtain a full tion, use, structure, or activity likely to (2) COMPENSATION.— and open competition through the use of cause harm; (A) IN GENERAL.—The Secretary of Agri- competitive procedures shall not apply; and ‘‘(B) maintaining an attractive nuisance; culture may pay a claim arising out of— (B) any executive agency entering into the ‘‘(C) gross negligence; or (i) the destruction of any animal, plant, contract may use noncompetitive procedures ‘‘(D) direct interference with, or hindrance plant part, article, or means of conveyance in accordance with section 3304 of such title. of, any agent or officer of the Federal Gov- consistent with the purposes of this section; (2) LIMITATIONS ON PROTESTS.—The deter- ernment who is authorized to enforce the im- and mination of an executive agency under sec- migration laws of the United States during— (ii) implementing measures to prevent, de- tion 3304 of title 41, United States Code, to ‘‘(i) a patrol of such landowner’s land; or tect, control, or eradicate the spread of any use noncompetitive procedures shall not be ‘‘(ii) any action taken to apprehend or de- pest disease of livestock or plant that subject to challenge by protest to— tain any alien attempting to enter the threatens any segment of agriculture. (A) the Comptroller General of the United United States illegally or to evade execution (B) SPECIFIC COOPERATIVE PROGRAMS.—The States under subchapter V of chapter 35 of of an arrest warrant for a violation of any Secretary of Agriculture shall compensate title 31, United States Code; or immigration law. industry participants and State agencies (B) the Court of Federal Claims under sec- ‘‘(4) SAVINGS PROVISION.—Nothing in this that cooperate with the Secretary of Agri- tion 1491 of title 28, United States Code. subsection may be construed to affect any culture in carrying out operations and meas- (b) APPLICABILITY OF CERTAIN GOVERNMENT right or remedy available pursuant to chap- ures under this subsection for up to 100 per- HIRING RULES.— ter 171 of title 28, United States Code (com- cent of eligible costs relating to— (1) IN GENERAL.—Notwithstanding any monly known as the ‘Federal Tort Claims (i) cooperative programs involving Federal, other provision of law, in implementing this Act’).’’. State, or industry participants to control title, the Secretary of Homeland Security SEC. 116. ERADICATION OF CARRIZO CANE AND diseases of low or high pathogenicity and and the Attorney General may appoint em- SALT CEDAR. pests in accordance with regulations issued ployees on a term, temporary limited, or Not later than January 20, 2021, the Sec- by the Secretary of Agriculture; and part-time basis without regard to— retary of Homeland Security, after coordi- (ii) the construction and operation of re- (A) the number of such employees; nating with the heads of the relevant Fed- search laboratories, quarantine stations, and (B) the ratio between the number of such eral, State, and local agencies, shall begin other buildings and facilities for special pur- employees and the number of permanent eradicating the carrizo cane plant and any poses. full-time employees; and salt cedar along the Rio Grande River. (C) REVIEWABILITY.—The action of any offi- (C) the duration of such employees’ employment. SEC. 117. PREVENTION, DETECTION, CONTROL, cer, employee, or agent of the Secretary of AND ERADICATION OF DISEASES Agriculture in carrying out paragraph (1) (2) RULE OF CONSTRUCTION.—Nothing in AND PESTS. shall not be subject to review by any officer chapter 71 of title 5, United States Code, (a) DEFINITIONS.— or employee of the Federal Government shall affect the authority of the Department (1) ANIMAL.—The term ‘‘animal’’ means other than the Secretary of Agriculture or a of Homeland Security or the Department of any member of the animal kingdom (except designee of the Secretary. Justice to hire employees under this title on a human). (c) COOPERATION.— a temporary limited or part-time basis. (c) REPORTS.—The head of an executive (2) ARTICLE.—The term ‘‘article’’ means (1) IN GENERAL.—To carry out this section, any pest or disease or any material or tan- the Secretary of Agriculture may cooperate agency entering into a contract or hiring gible object that could harbor a pest or dis- with other Federal agencies, States, State employees pursuant to authority provided ease. agencies, political subdivisions of States, na- under subsection (a) or (b) shall— (1) immediately submit to the appropriate (3) DISEASE.—The term ‘‘disease’’ has the tional and local governments of foreign meaning given the term by the Secretary of countries, domestic and international orga- congressional committees written notifica- Agriculture. nizations and associations, domestic non- tion of the use of such authority; and (2) submit to those committees a quarterly (4) LIVESTOCK.—The term ‘‘livestock’’ profit corporations, Indian tribes, and other means all farm-raised animals. persons. report estimating amounts to be expended pursuant to such authority. (5) MEANS OF CONVEYANCE.—The term (2) RESPONSIBILITY.—The person or other (d) EXECUTIVE AGENCY DEFINED.—In this ‘‘means of conveyance’’ means any personal entity cooperating with the Secretary of Ag- section, the term ‘‘executive agency’’ has the property used for or intended for use for, the riculture shall be responsible for the author- meaning given the term in section 133 of movement of any other personal property. ity necessary to carry out operations or title 41, United States Code. (6) PEST.—The term ‘‘pest’’ means any of measures— the following that can directly or indirectly (A) on all land and property within a for- SEC. 119. TRANSNATIONAL CRIMINAL ORGANIZA- eign country or State, or under the jurisdic- TION ILLICIT SPOTTER PREVENTION injure, cause damage to, or cause disease in AND DETECTION. tion of an Indian tribe, other than on land human livestock, a plant, or a plant part: (a) UNLAWFULLY HINDERING IMMIGRATION, and property owned or controlled by the (A) A protozoan. BORDER, AND CUSTOMS CONTROLS.— United States; and (B) A plant or plant part. (1) ENHANCED PENALTIES.—Chapter 9 of (B) using other facilities and means, as de- (C) A nonhuman animal. title II of the Immigration and Nationality termined by the Secretary of Agriculture. (D) A bacterium. Act (8 U.S.C. 1351 et seq.) is amended by add- (d) FUNDING.—For fiscal year 2018, and for (E) A fungus. ing at the end the following: (F) A virus or viroid. each succeeding fiscal year, the Secretary of Agriculture shall use such funds from the ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRA- (G) An infectious agent or other pathogen. TION, BORDER, AND CUSTOMS CON- (H) An arthropod. Commodity Credit Cooperation as may be TROLS. (I) A parasite or parasitic plant. necessary to carry out operations and meas- ‘‘(a) ILLICIT SPOTTING.—Any person who (J) A prion. ures to prevent, detect, control, or eradicate knowingly transmits, by any means, to an- (K) A vector. the spread of any pest or disease of livestock other person the location, movement, or ac- (L) Any organism similar to or allied with or plant that threatens any segment of agri- tivities of any Federal, State, local, or tribal any of the organisms described in this para- culture. law enforcement agency with the intent to graph. (e) REIMBURSEMENT.—The Secretary of Ag- further a Federal crime relating to United (7) PLANT.—The term ‘‘plant’’ means any riculture shall reimburse any Federal agen- States immigration, customs, controlled plant (including any plant part) for or capa- cy, State, State agency, political subdivision substances, agriculture, monetary instru- ble of propagation, including a tree, a tissue of a State, national or local government of a ments, or other border controls shall be fined culture, a plantlet culture, pollen, a shrub, a foreign country, domestic or international under title 18, imprisoned not more than 10 vine, a cutting, a graft, a scion, a bud, a organization or association, domestic non- years, or both. bulb, a root, and a seed. profit corporation, Indian tribe, or other per- ‘‘(b) DESTRUCTION OF UNITED STATES BOR- (8) STATE.—The term ‘‘State’’ means any of son for specified costs, as prescribed by the DER CONTROLS.—Any person who knowingly the several States, the District of Columbia, Secretary of Agriculture, in the discretion of and without lawful authorization destroys, the Commonwealth of Puerto Rico, Guam, the Secretary, that result from cooperation alters, or damages any fence, barrier, sensor, the Commonwealth of the Northern Mariana with the Secretary of Agriculture in car- camera, or other physical or electronic de- Islands, the Virgin Islands of the United rying out operations and measures under vice deployed by the Federal Government to States, and any territory or possession of the this section. control the border or a port of entry or oth- United States. SEC. 118. EXEMPTION FROM GOVERNMENT CON- erwise seeks to construct, excavate, or make (b) DETECTION, CONTROL, AND ERADICATION TRACTING AND HIRING RULES. any structure intended to defeat, cir- OF THE SPREAD OF DISEASES AND PESTS.— (a) APPLICABILITY OF CERTAIN GOVERNMENT cumvent, or evade any such fence, barrier, (1) IN GENERAL.—The Secretary of Agri- CONTRACTING RULES.— sensor camera, or other physical or elec- culture may carry out operations and meas- (1) IN GENERAL.—Notwithstanding any tronic device deployed by the Federal Gov- ures to prevent, detect, control, or eradicate other provision of law, in implementing this ernment to control the border or a port of the spread of any pest or disease of livestock title— entry—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4841 ‘‘(1) shall be fined under title 18, impris- prevent terrorists and instruments of terror (ii) the use of manned aircraft and un- oned not more than 10 years, or both; and from entering the United States; manned aerial systems, including camera ‘‘(2) if, at the time of the offense, the per- (C) gaps in law, policy, and coordination and sensor technology deployed on such as- son uses or carries a firearm or who, in fur- between State, local, or tribal law enforce- sets; therance of any such crime, possesses a fire- ment, international agreements, or tribal (D) efforts to detect and prevent terrorists arm, shall be fined under title 18, imprisoned agreements that hinder effective and effi- and instruments of terrorism from entering not more than 20 years, or both. cient border security, counterterrorism, and the United States; ‘‘(c) CONSPIRACY AND ATTEMPT.—Any per- anti-human smuggling and trafficking ef- (E) efforts to detect, interdict, and disrupt son who attempts or conspires to violate forts; aliens and illicit drugs at the earliest pos- subsection (a) or (b) shall be punished in the (D) the current percentage of situational sible point; same manner as a person who completes a awareness achieved by the Department of (F) efforts to focus intelligence collection violation of such subsection.’’. Homeland Security along the southern bor- to disrupt transnational criminal organiza- (2) CLERICAL AMENDMENT.—The table of der; tions outside of the international and mari- contents in the first section of the Immigra- (E) the current percentage of operational time borders of the United States; tion and Nationality Act is amended by in- control (as defined in section 2 of the Secure (G) efforts to ensure that any new border serting after the item relating to section 294 Fence Act of 2006 (8 U.S.C. 1701 note)) security technology can be operationally in- the following: achieved by the Department of Homeland Se- tegrated with existing technologies in use by ‘‘Sec. 295. Unlawfully hindering immigra- curity on the southern border; and the Department of Homeland Security; tion, border, and customs con- (F) traveler crossing times and any poten- (H) any technology required to maintain, trols.’’. tial security vulnerability associated with support, and enhance security and facilitate trade at ports of entry, including nonintru- (b) CARRYING OR USING A FIREARM DURING prolonged wait times. sive detection equipment, radiation detec- AND IN RELATION TO AN ALIEN SMUGGLING (3) ANALYSIS REQUIREMENTS.—In compiling tion equipment, biometric technology, sur- CRIME.—Section 924(c) of title 18, United the southern border threat analysis under States Code, is amended— this subsection, the Secretary of Homeland veillance systems, and other sensors and (1) in paragraph (1)— Security shall consider and examine— technology that the Secretary of Homeland Security determines to be necessary; (A) in subparagraph (A), by inserting ‘‘, (A) the technology needs and challenges, (I) operational coordination unity of effort alien smuggling crime,’’ after ‘‘crime of vio- including such needs and challenges identi- initiatives of the border security components lence’’ each place that term appears; and fied as a result of previous investments that of the Department of Homeland Security, in- (B) in subparagraph (D)(ii), by inserting ‘‘, have not fully realized the security and oper- cluding any relevant task forces of the De- alien smuggling crime,’’ after ‘‘crime of vio- ational benefits that were sought; partment of Homeland Security; lence’’; (B) the personnel needs and challenges, in- (J) lessons learned from Operation (2) by striking paragraphs (2) through (4); cluding such needs and challenges associated Jumpstart and Operation Phalanx; (3) by redesignating paragraph (5) as para- with recruitment and hiring; (K) cooperative agreements and informa- graph (2); and (C) the infrastructure needs and challenges; tion sharing with State, local, tribal, terri- (4) by adding at the end the following: torial, and other Federal law enforcement ‘‘(3) For purposes of this subsection— (D) the roles and authorities of State, agencies that have jurisdiction on the north- ‘‘(A) the term ‘alien smuggling crime’ local, and tribal law enforcement in general ern border or the southern border; border security activities; means any felony punishable under section (L) border security information received (E) the status of coordination among Fed- 274(a), 277, or 278 of the Immigration and Na- from consultation with State, local, tribal, eral, State, local, tribal, and Mexican law tionality Act (8 U.S.C. 1324(a), 1327, and 1328); territorial, and Federal law enforcement enforcement entities relating to border secu- ‘‘(B) the term ‘brandish’ means, with re- agencies that have jurisdiction on the north- rity; spect to a firearm, to display all or part of ern border or the southern border, or in the (F) the terrain, population density, and cli- the firearm, or otherwise make the presence maritime environment, and from border mate along the southern border; and of the firearm known to another person, in community stakeholders (including through (G) the international agreements between order to intimidate that person, regardless of public meetings with such stakeholders), in- whether the firearm is directly visible to the United States and Mexico related to bor- cluding representatives from border agricul- that person; der security. tural and ranching organizations and rep- ‘‘(C) the term ‘crime of violence’ means a (4) CLASSIFIED FORM.—To the extent pos- resentatives from business and civic organi- felony offense that— sible, the Secretary of Homeland Security zations along the northern border or the ‘‘(i) has as an element the use, attempted shall submit the southern border threat southern border; use, or threatened use of physical force analysis required under this subsection in (M) staffing requirements for all depart- against the person or property of another; or unclassified form, but may submit a portion mental border security functions; ‘‘(ii) by its nature, involves a substantial of the threat analysis in classified form if (N) a prioritized list of departmental re- risk that physical force against the person or the Secretary determines such action is ap- search and development objectives to en- property of another may be used in the propriate. hance the security of the southern border; course of committing the offense; and (b) BORDER PATROL STRATEGIC PLAN.— (O) an assessment of training programs, in- ‘‘(D) the term ‘drug trafficking crime’ (1) IN GENERAL.—Not later than the later of cluding training programs for— means any felony punishable under the Con- 180 days after the submission of the threat (i) identifying and detecting fraudulent trolled Substances Act (21 U.S.C. 801 et seq.), analysis required under subsection (a) or documents; the Controlled Substances Import and Ex- June 30, 2018, and every five years thereafter, (ii) understanding the scope of enforce- port Act (21 U.S.C. 951 et seq.), or chapter 705 the Secretary of Homeland Security, acting ment authorities and the use of force poli- of title 46.’’. through the Chief of the U.S. Border Patrol, cies; and (c) STATUTE OF LIMITATIONS.—Section 3298 and in consultation with the Officer for Civil (iii) screening, identifying, and addressing of title 18, United States Code, is amended by Rights and Civil Liberties of the Department vulnerable populations, such as children and inserting ‘‘, or 295’’ after ‘‘274(a)’’. of Homeland Security, shall issue a Border victims of human trafficking; and SEC. 120. SOUTHERN BORDER THREAT ANALYSIS. Patrol Strategic Plan. (P) an assessment of how border security (a) THREAT ANALYSIS.— (2) CONTENTS.—The Border Patrol Stra- operations affect border crossing times. (1) REQUIREMENT.—Not later than 180 days tegic Plan required under this subsection Subtitle B—Personnel after the date of the enactment of this Act, shall include a consideration of— PART I—INCREASES IN IMMIGRATION the Secretary of Homeland Security shall (A) the southern border threat analysis re- AND LAW ENFORCEMENT PERSONNEL submit to the Committee on Homeland Secu- quired under subsection (a), with an empha- rity and Governmental Affairs of the Senate sis on efforts to mitigate threats identified SEC. 131. ADDITIONAL U.S. CUSTOMS AND BOR- and the Committee on Homeland Security of in such threat analysis; DER PROTECTION AGENTS AND OF- FICERS. the House of Representatives a southern bor- (B) efforts to analyze and disseminate bor- (a) BORDER PATROL AGENTS.—Not later der threat analysis. der security and border threat information than September 30, 2021, the Commissioner of (2) CONTENTS.—The analysis submitted between border security components of the U.S. Customs and Border Protection shall under paragraph (1) shall include an assess- Department of Homeland Security and other hire, train, and assign sufficient agents to ment of— appropriate Federal departments and agen- maintain an active duty presence of not (A) current and potential terrorism and cies with missions associated with the south- fewer than 26,370 full-time equivalent agents. criminal threats posed by individuals and or- ern border; (b) CBP OFFICERS.—In addition to positions ganized groups seeking— (C) efforts to increase situational aware- authorized before the date of the enactment (i) to unlawfully enter the United States ness, including— of this Act and any existing officer vacancies through the southern border; or (i) surveillance capabilities, including ca- within U.S. Customs and Border Protection (ii) to exploit security vulnerabilities pabilities developed or utilized by the De- as of such date, the Commissioner, subject to along the southern border; partment of Defense, and any appropriate the availability of appropriations, shall hire, (B) improvements needed at and between technology determined to be excess by the train, and assign to duty, not later than Sep- ports of entry along the southern border to Department of Defense; and tember 30, 2021—

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(1) sufficient U.S. Customs and Border Pro- (2) COVERED CBP EMPLOYEE.—The term approval of the Secretary of Homeland Secu- tection officers to maintain an active duty ‘‘covered CBP employee’’ means an employee rity, may pay a retention incentive to a cov- presence of not fewer than 27,725 full-time of U.S. Customs and Border Protection per- ered CBP employee who has been employed equivalent officers; and forming activities that are critical to border with U.S. Customs and Border Protection for (2) 350 full-time support staff distributed security or customs enforcement, as deter- a period of longer than two consecutive among all United States ports of entry. mined by the Commissioner. years, and the Commissioner determines (c) AIR AND MARINE OPERATIONS.—Not later (3) RATE OF BASIC PAY.—The term ‘‘rate of that, in the absence of the retention incen- than September 30, 2021, the Commissioner of basic pay’’— tive, the covered CBP employee would like- U.S. Customs and Border Protection shall (A) means the rate of pay fixed by law or ly— hire, train, and assign sufficient agents for administrative action for the position to (A) leave the Federal service; or Air and Marine Operations of U.S. Customs which an employee is appointed before de- (B) transfer to, or be hired into, a different and Border Protection to maintain not fewer ductions and including any special rate position within the Department of Homeland than 1,675 full-time equivalent agents. under subpart C of part 530 of title 5, Code of Security (other than another position in (d) U.S. CUSTOMS AND BORDER PROTECTION Federal Regulations, or a similar payment CBP). K–9 UNITS AND HANDLERS.— under other legal authority, and any local- (2) WRITTEN AGREEMENT.—The payment of (1) K–9 UNITS.—Not later than September ity-based comparability payment under sub- a retention incentive to a covered CBP em- 30, 2021, the Commissioner shall deploy not part F of part 531 of such title, or a similar ployee under paragraph (1) is contingent less than 300 new K–9 units, with supporting payment under other legal authority, but ex- upon the covered CBP employee entering officers of U.S. Customs and Border Protec- cluding additional pay of any other kind; and into a written agreement with U.S. Customs tion and other required staff, at land ports of (B) does not include additional pay, such as and Border Protection to complete more entry and checkpoints on the southern bor- night shift differentials under section 5343(f) than two years of employment with U.S. der and the northern border. of title 5, United States Code, or environ- Customs and Border Protection beginning on (2) USE OF CANINES.—The Commissioner mental differentials under section 5343(c)(4) the date on which the CBP employee enters shall prioritize the use of canines at the pri- of such title. on duty and the agreement is signed. Such mary inspection lanes at land ports of entry (4) SPECIAL RATE OF PAY.—The term ‘‘spe- agreement shall include— and checkpoints. cial rate of pay’’ means a higher than normal (A) the amount of the retention incentive; (e) U.S. CUSTOMS AND BORDER PROTECTION rate of pay that exceeds the otherwise appli- (B) the conditions under which the agree- HORSEBACK UNITS.— cable rate of basic pay for a similar covered ment may be terminated before the required (1) INCREASE.—Not later than September CBP employee at a land port of entry. period of service is completed and the effect 30, 2021, the Commissioner shall increase the (b) HIRING INCENTIVES.— of such termination; number of horseback units, with supporting (1) IN GENERAL.—In addition to the reten- (C) the length of the required service pe- officers of U.S. Customs and Border Protec- tion incentives that are authorized under riod; and tion and other required staff, by not less subsection (c), and to the extent necessary (D) any other terms and conditions under than 100 officers and 50 horses for security for U.S. Customs and Border Protection to which the retention incentive is payable, patrol along the southern border. hire, train, and deploy qualified officers and subject to the requirements under this sec- (2) FUNDING LIMITATION.—Of the amounts employees and to meet the requirements tion. authorized to be appropriated for U.S. Cus- under section 131, the Commissioner, with (3) CRITERIA.—When determining the toms and Border Protection in this Act, not the approval of the Secretary of Homeland amount of a retention incentive paid to a more than one percent may be used for the Security, may pay a hiring bonus of $10,000 covered CBP employee under paragraph (1), purchase of additional horses, the construc- to a covered CBP employee, after the cov- the Commissioner shall consider— tion of new stables, maintenance and im- ered CBP completes initial basic training (A) the length of the Federal service and provements of existing stables, and for feed, and executes a written agreement required experience of the covered CBP employee; medicine, and other resources needed to under subparagraph (2). (B) the salaries for law enforcement offi- maintain the health and well-being of the (2) WRITTEN AGREEMENT.—The payment of cers in other Federal agencies; and horses that serve in the horseback units. a hiring bonus to a covered CBP employee (C) the costs of replacing the covered CBP (f) U.S. CUSTOMS AND BORDER PROTECTION under paragraph (1) is contingent upon the employee, including the costs of training a SEARCH TRAUMA AND RESCUE TEAMS.—Not covered CBP employee entering into a writ- new employee. later than September 30, 2021, the Commis- ten agreement with U.S. Customs and Border (4) AMOUNT OF RETENTION INCENTIVE.—A re- sioner shall increase by not fewer than 50 the Protection to complete more than two years tention incentive paid to a covered CBP em- number of officers engaged in search and res- of employment with U.S. Customs and Bor- ployee under paragraph (1)— cue activities along the southern border. der Protection beginning on the date on (A) shall be approved by the Secretary of (g) U.S. CUSTOMS AND BORDER PROTECTION which the agreement is signed. Such agree- Homeland Security and the Commissioner; TUNNEL DETECTION AND TECHNOLOGY PRO- ment shall include— (B) shall be stated as a percentage of the GRAM.—Not later than September 30, 2021, (A) the amount of the hiring bonus; employee’s rate of basic pay for the service the Commissioner shall increase by not less (B) the conditions under which the agree- period associated with the incentive; and than 50 the number of officers assisting task ment may be terminated before the required (C) may not exceed $25,000 for each year of forces and activities related to deployment period of service is completed and the effect the written agreement. and operation of border tunnel detection of such termination; (5) FORM OF PAYMENT.—A retention incen- technology and apprehensions of individuals (C) the length of the required service pe- tive paid to a covered CBP employee under using such tunnels for crossing into the riod; and paragraph (1) shall be paid as a single pay- United States, drug trafficking, or human (D) any other terms and conditions under ment at the end of the fiscal year in which smuggling. which the hiring bonus is payable, subject to the covered CBP employee entered into an (h) AGRICULTURAL SPECIALISTS.—Not later the requirements under this section. agreement under paragraph (2), or in equal than September 30, 2021, and in addition to (3) FORM OF PAYMENT.—A signing bonus installments during the life of the service the officers and agents authorized under paid to a covered CBP employee under para- agreement, as determined by the Commis- paragraphs (a) through (g), the Secretary of graph (1) shall be paid in a single payment sioner. Homeland Security shall hire, train, and as- after the covered CBP employee completes (6) EXCLUSION OF RETENTION INCENTIVE sign to duty, 631 U.S. Customs and Border initial basic training and enters on duty and FROM RATE OF PAY.—A retention incentive Protection agricultural specialists to ports executes the agreement under paragraph (2). paid to a covered CBP employee under para- of entry along the southern border and the (4) EXCLUSION OF SIGNING BONUS FROM RATE graph (1) shall not be considered part of the northern border. OF PAY.—A signing bonus paid to a covered rate of basic pay of the covered CBP em- (i) GAO REPORT.—If the staffing levels re- CBP employee under paragraph (1) shall not ployee for any purpose. quired under this section are not achieved by be considered part of the rate of basic pay of (d) PILOT PROGRAM ON SPECIAL RATES OF September 30, 2021, the Comptroller General the covered CBP employee for any purpose. PAY IN COVERED AREAS.— of the United States shall conduct a review (5) EFFECTIVE DATE AND SUNSET.—This sub- (1) IN GENERAL.—The Commissioner may of the reasons why such levels were not section shall take effect on the date of the establish a pilot program to assess the feasi- achieved. enactment of this Act and shall remain in ef- bility and advisability of using special rates SEC. 132. U.S. CUSTOMS AND BORDER PROTEC- fect until the earlier of— of pay for covered CBP employees in covered TION HIRING AND RETENTION IN- (A) September 30, 2019; or areas, as designated on the date of the enact- CENTIVES. (B) the date on which U.S. Customs and ment of this Act, to help meet the require- (a) DEFINITIONS.—In this section: Border Protection has 26,370 full-time equiv- ments set forth in section 131. (1) COVERED AREA.—The term ‘‘covered alent agents. (2) MAXIMUM AMOUNT.—The rate of basic area’’ means a geographic area that the Sec- (c) RETENTION INCENTIVES.— pay of a covered CBP employee paid a special retary of Homeland Security determines is (1) IN GENERAL.—To the extent necessary rate of pay under the pilot program may not in a remote location or is an area for which for U.S. Customs and Border Protection to exceed 125 percent of the otherwise applica- it is difficult to find full-time permanent retain qualified employees, and to the extent ble rate of basic pay of the covered CBP em- covered CBP employees, as compared to necessary to meet the requirements set forth ployee. other ports of entry or Border Patrol sectors. in section 131, the Commissioner, with the (3) TERMINATION.—

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(A) IN GENERAL.—Except as provided in 267(c)(1)) is amended by striking ‘‘$25,000’’ tion Act of 2010 (Public Law 111–376) is subparagraph (B), the pilot program shall and inserting ‘‘$45,000’’. amended to read as follows: terminate on the date that is two years after SEC. 133. ANTI-BORDER CORRUPTION REAU- ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AU- the date of the enactment of this Act. THORIZATION ACT. THORITY. (B) EXTENSION.—If the Secretary of Home- (a) SHORT TITLE.—This Act may be cited as ‘‘(a) NONEXEMPTION.—An individual who re- land Security determines that the pilot pro- the ‘‘Anti-Border Corruption Reauthoriza- ceives a waiver under section 3(b) is not ex- gram is performing satisfactorily and there tion Act of 2017’’. empt from other hiring requirements relat- (b) HIRING FLEXIBILITY.—Section 3 of the are metrics that prove its success in meeting ing to suitability for employment and eligi- Anti-Border Corruption Act of 2010 (6 U.S.C. the requirements set forth in section 131, the bility to hold a national security designated Secretary may extend the pilot program 221) is amended by striking subsection (b) and inserting the following: position, as determined by the Commissioner until the date that is four years after the of U.S. Customs and Border Protection. date of the enactment of this Act. ‘‘(b) WAIVER AUTHORITY.—The Commis- sioner of U.S. Customs and Border Protec- ‘‘(b) BACKGROUND INVESTIGATIONS.—Any in- (4) REPORT TO CONGRESS.—Shortly after the tion may waive the application of subsection dividual who receives a waiver under section pilot program terminates under paragraph (a)(1)— 3(b) who holds a current Tier 4 background (3), the Commissioner shall submit a report ‘‘(1) to a current, full-time law enforce- investigation shall be subject to a Tier 5 to the Committee on Homeland Security and ment officer employed by a State or local background investigation. Governmental Affairs of the Senate, the law enforcement agency who— ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAM- Committee on the Judiciary of the Senate, ‘‘(A) has continuously served as a law en- INATION.—The Commissioner of U.S. Customs the Committee on Homeland Security of the forcement officer for not fewer than three and Border Protection is authorized to ad- House of Representatives, and the Com- years; minister a polygraph examination to an ap- mittee on the Judiciary of the House of Rep- ‘‘(B) is authorized by law to engage in or plicant or employee who is eligible for or re- resentatives that details— supervise the prevention, detection, inves- ceives a waiver under section 3(b) if informa- (A) the total amount paid to covered CBP tigation, or prosecution of, or the incarcer- tion is discovered before the completion of a employees under the pilot program; and ation of any person for, any violation of law, background investigation that results in a (B) the covered areas in which the pilot and has statutory powers for arrest or appre- determination that a polygraph examination program was implemented. hension; is necessary to make a final determination (e) SALARIES.— ‘‘(C) is not currently under investigation, regarding suitability for employment or con- (1) IN GENERAL.—Section 101(b) of the En- has not been found to have engaged in crimi- tinued employment, as the case may be.’’. hanced Border Security and Visa Entry Re- nal activity or serious misconduct, has not (2) REPORT.—The Anti-Border Corruption form Act of 2002 (8 U.S.C. 1711(b)) is amended resigned from a law enforcement officer posi- Act of 2010, as amended by paragraph (1), is to read as follows: tion under investigation or in lieu of termi- further amended by adding at the end the ‘‘(b) AUTHORIZATION OF APPROPRIATIONS nation, and has not been dismissed from a following new section: FOR CBP EMPLOYEES.—There are authorized law enforcement officer position; and ‘‘SEC. 5. REPORTING. to be appropriated to U.S. Customs and Bor- ‘‘(D) has, within the past ten years, suc- ‘‘(a) ANNUAL REPORT.—Not later than one der Protection such sums as may be nec- cessfully completed a polygraph examination year after the date of the enactment of the essary to increase, effective January 1, 2018, as a condition of employment with such offi- Anti-Border Corruption Re-authorization the annual rate of basic pay for U.S. Cus- cer’s current law enforcement agency; Act of 2017, and annually thereafter while toms and Border Protection employees who ‘‘(2) to a current, full-time Federal law en- the waiver authority under section 3(b) is in have completed at least one year of service— forcement officer who— effect, the Commissioner of U.S. Customs ‘‘(1) to the annual rate of basic pay payable ‘‘(A) has continuously served as a law en- and Border Protection shall submit to Con- for positions at GS–12, step 1 of the General forcement officer for not fewer than three gress a report that includes, with respect to Schedule under subchapter III of chapter 53 years; the reporting period— of title 5, United States Code, for officers and ‘‘(B) is authorized to make arrests, conduct ‘‘(1) the number of waivers requested, agents who are receiving the annual rate of investigations, conduct searches, make sei- granted, and denied under section 3(b); basic pay payable for a position at GS–5, GS– zures, carry firearms, and serve orders, war- ‘‘(2) the reasons for any denials of such 6, GS–7, GS–8, or GS–9 of the General Sched- rants, and other processes; waiver; ule; ‘‘(C) is not currently under investigation, ‘‘(3) the percentage of applicants who were ‘‘(2) to the annual rate of basic pay payable has not been found to have engaged in crimi- hired after receiving a waiver; for positions at GS–12, step 10 of the General nal activity or serious misconduct, has not ‘‘(4) the number of instances that a poly- Schedule under such subchapter for super- resigned from a law enforcement officer posi- graph was administered to an applicant who visory CBP officers and supervisory Border tion under investigation or in lieu of termi- initially received a waiver and the results of Patrol agents who are receiving the annual nation, and has not been dismissed from a such polygraph; rate of pay payable for a position at GS–10 of law enforcement officer position; and ‘‘(5) an assessment of the current impact of the General Schedule; and ‘‘(D) holds a current Tier 4 background in- the polygraph waiver program on filling law ‘‘(3) to the annual rate of basic pay payable vestigation or current Tier 5 background in- enforcement positions at U.S. Customs and for positions at GS–13, step 1 of the General vestigation; and Border Protection; and Schedule under such subchapter for super- ‘‘(3) to a member of the Armed Forces (or ‘‘(6) additional authorities needed by U.S. visory CBP officers and supervisory Border a reserve component thereof) or a veteran, if Customs and Border Protection to better uti- Patrol agents who are receiving the annual such individual— lize the polygraph waiver program for its in- rate of pay payable for a position at GS–11 of ‘‘(A) has served in the Armed Forces for tended goals. the General Schedule; not fewer than three years; ‘‘(4) to the annual rate of basic pay payable ‘‘(b) ADDITIONAL INFORMATION.—The first ‘‘(B) holds, or has held within the past five report submitted under subsection (a) shall for positions at GS–14, step 1 of the General years, a Secret, Top Secret, or Top Secret/ Schedule under such subchapter for super- include— Sensitive Compartmented Information clear- ‘‘(1) an analysis of other methods of em- visory CBP officers and supervisory Border ance; Patrol agents who are receiving the annual ployment suitability tests that detect decep- ‘‘(C) holds, or has undergone within the tion and could be used in conjunction with rate of pay payable for a position at GS–12 or past five years, a current Tier 4 background GS–13 of the General Schedule; and traditional background investigations to investigation or current Tier 5 background evaluate potential employees for suitability; ‘‘(5) to the annual rate of basic pay payable investigation; for positions at GS–8, GS–9, or GS–10 of the and ‘‘(D) received, or is eligible to receive, an ‘‘(2) a recommendation regarding whether General Schedule for assistants who are re- honorable discharge from service in the ceiving an annual rate of pay payable for po- a test referred to in paragraph (1) should be Armed Forces and has not engaged in crimi- adopted by U.S. Customs and Border Protec- sitions at GS–5, GS–6, or GS–7 of the General nal activity or committed a serious military Schedule, respectively.’’. tion when the polygraph examination re- or civil offense under the Uniform Code of quirement is waived pursuant to section (2) HARDSHIP DUTY PAY.—In addition to Military Justice; and 3(b).’’. compensation to which Border Patrol agents ‘‘(E) was not granted any waivers to obtain are otherwise entitled, Border Patrol agents (3) DEFINITIONS.—The Anti-Border Corrup- the clearance referred to subparagraph (B). tion Act of 2010, as amended by paragraphs who are assigned to rural areas shall be enti- ‘‘(c) TERMINATION OF WAIVER AUTHORITY.— (1) and (2), is further amended by adding at tled to receive hardship duty pay, in lieu of The authority to issue a waiver under sub- the end the following new section: a retention incentive bonus under subsection section (b) shall terminate on the date that (b), in an amount determined by the Com- is four years after the date of the enactment ‘‘SEC. 6. DEFINITIONS. missioner, which may not exceed the rate of of the Anti-Border Corruption Reauthoriza- ‘‘In this Act: special pay to which members of a uniformed tion Act of 2017.’’. ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— service are entitled under section 310 of title (c) SUPPLEMENTAL COMMISSIONER AUTHOR- The term ‘Federal law enforcement officer’ 37, United States Code. ITY AND DEFINITIONS.— has the meaning given the term ‘law enforce- (3) OVERTIME LIMITATION.—Section 5(c)(1) of (1) SUPPLEMENTAL COMMISSIONER AUTHOR- ment officer’ in sections 8331(20) and 8401(17) the Act of February 13, 1911 (19 U.S.C. ITY.—Section 4 of the Anti-Border Corrup- of title 5, United States Code.

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‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— (3) BOARD OF IMMIGRATION APPEALS.— enactment of this Act and any existing at- The term ‘serious military or civil offense’ (A) BOARD MEMBERS.—Not later than Sep- torney vacancies within the Department of means an offense for which— tember 30, 2021, the Attorney General shall Homeland Security on such date of enact- ‘‘(A) a member of the Armed Forces may increase the number of Board Members au- ment, the Director of U.S. Citizenship and be discharged or separated from service in thorized to serve on the Board of Immigra- Immigration Services shall increase the the Armed Forces; and tion Appeals to 25. number of trained, full-time, active duty Of- ‘‘(B) a punitive discharge is, or would be, (B) STAFF ATTORNEYS.—Not later than Sep- fice of Chief Counsel attorneys by not fewer authorized for the same or a closely related tember 30, 2021, in addition to positions au- than 250. Such attorneys shall primarily offense under the Manual for Court-Martial, thorized before the date of the enactment of handle national security and public safety as pursuant to Army Regulation 635-200 this Act and any existing staff attorney va- cases, denaturalization cases, and legal suffi- chapter 14-12. cancies within the Department of Justice on ciency reviews of immigration benefit deci- ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and the date of enactment, and subject to the sions. At least 50 of these additional attor- ‘Tier 5’ with respect to background inves- availability of appropriations, the Attorney ney positions shall be used by the Attorney tigations have the meaning given such terms General shall increase the number of staff General to increase the number of U.S. Citi- under the 2012 Federal Investigative Stand- attorneys assigned to support the Board of zenship and Immigration Service attorneys ards. Immigration Appeals by not fewer than 50. serving as Special Assistant U.S. Attorneys, ‘‘(4) VETERAN.—The term ‘veteran’ has the (C) FACILITIES AND SUPPORT PERSONNEL.— on detail to the Department of Justice, Of- meaning given such term in section 101(2) of The Attorney General is authorized to pro- fices of the U.S. Attorneys, to assist with title 38, United States Code.’’. cure space, temporary facilities, and re- immigration-related litigation. (d) POLYGRAPH EXAMINERS.—Not later than quired administrative support staff, on an (C) FACILITIES AND SUPPORT PERSONNEL.— September 30, 2021, the Secretary of Home- expedited basis, to accommodate the addi- The Attorney General and Secretary of land Security shall increase to not fewer tional Board Members authorized under this Homeland Security are authorized to procure than 150 the number of trained full-time subparagraph. space, temporary facilities, and to hire the equivalent polygraph examiners for admin- (4) OFFICE OF IMMIGRATION LITIGATION.—Not required administrative and legal support istering polygraph examinations under the later than September 30, 2021, in addition to staff, on an expedited basis, to accommodate Anti-Border Corruption Act of 2010, as positions authorized before the date of the the additional positions authorized under amended by this section. enactment of this Act and any existing va- this paragraph. SEC. 134. ADDITIONAL U.S. IMMIGRATION AND cancies within the Department of Justice, CUSTOMS ENFORCEMENT PER- and subject to the availability of appropria- PART II—JUDICIAL RESOURCES SONNEL. tions, the Attorney General shall increase by SEC. 141. JUDICIAL RESOURCES FOR BORDER SE- (a) ENFORCEMENT AND REMOVAL OFFI- not fewer than 100 the number of attorneys CURITY. CERS.—Not later than September 30, 2021, the for the Office of Immigration Litigation. (a) BORDER CROSSING PROSECUTIONS (CRIMI- Director of U.S. Immigration and Customs (b) DEPARTMENT OF HOMELAND SECURITY.— NAL CONSEQUENCE INITIATIVE).— Enforcement shall increase the number of (1) FRAUD DETECTION AND NATIONAL SECU- (1) IN GENERAL.—Amounts appropriated trained, full-time, active duty U.S. Immigra- RITY OFFICERS.—Not later than September 30, pursuant to paragraph (3) shall be used— tion and Customs Enforcement Enforcement 2021, in addition to positions authorized be- (A) to increase the number of criminal and Removal Operations law enforcement of- fore the date of the enactment of this Act prosecutions for unlawful border crossing in ficers performing interior immigration en- and any existing officer vacancies within the each and every sector of the southern border forcement functions to not fewer than 8,500. Department of Homeland Security, and sub- by not less than 80 percent per day, as com- (b) HOMELAND SECURITY INVESTIGATIONS ject to the availability of appropriations, the pared to the average number of such prosecu- SPECIAL AGENTS.—Not later than September Director of U.S. Citizenship and Immigration tions per day during the 12-month period pre- 30, 2021, the Director of U.S. Immigration Services shall increase by not fewer than 100 ceding the date of the enactment of this Act, and Customs Enforcement shall increase the the number of trained full-time active duty by increasing funding for— number of trained, full-time, active duty Fraud Detection and National Security (i) attorneys and administrative support Homeland Security Investigations special (FDNS) officers. staff in offices of United States attorneys; agents by not fewer than 1,500. (2) ICE HOMELAND SECURITY INVESTIGATIONS (ii) support staff and interpreters in court (c) BORDER ENFORCEMENT SECURITY TASK FORENSIC DOCUMENT LABORATORY PER clerks’ offices; FORCE.—Not later than September 30, 2021, - the Director of U.S. Immigration and Cus- SONNEL.—Not later than September 30, 2021, (iii) pre-trial services; toms Enforcement shall assign not fewer in addition to positions authorized before the (iv) activities of the Office of the Federal than 100 Homeland Security Investigations date of the enactment of this Act and any Public Defender, including payments to re- special agents to the Border Enforcement Se- existing officer vacancies within the Depart- tain appointed counsel under section 3006A of curity Task Force Program established ment of Homeland Security, the Director of title 18, United States Code; and under section 432 of the Homeland Security U.S. Immigration and Customs Enforcement (v) additional personnel, including deputy Act of 2002 (6 U.S.C. 240). shall increase the number of trained full- United States marshals in the United States SEC. 135. OTHER IMMIGRATION AND LAW EN- time Forensic Document Laboratory Exam- Marshals Service, to perform intake, coordi- FORCEMENT PERSONNEL. iners by 15, Fingerprint Specialists by 15, In- nation, transportation, and court security; (a) DEPARTMENT OF JUSTICE.— telligence Officers by 10, and Administrative and (1) UNITED STATES ATTORNEYS.—Not later Staff by 3. (B) to reimburse Federal, State, local, and than September 30, 2021, in addition to posi- (3) IMMIGRATION ATTORNEYS.— tribal law enforcement agencies for any de- tions authorized before the date of the enact- (A) ICE TRIAL ATTORNEYS.—Not later than tention costs related to the increased border ment of this Act and any existing attorney September 30, 2021, in addition to positions crossing prosecutions carried out pursuant vacancies within the Department of Justice authorized before the date of the enactment to subparagraph (A). on such date of enactment, the Attorney of this Act and any existing attorney vacan- (2) ADDITIONAL MAGISTRATE JUDGES TO AS- General shall— cies within the Department of Homeland Se- SIST WITH INCREASED CASELOAD.—The chief (A) increase by not fewer than 100 the num- curity on such date of enactment, the Direc- judge of each judicial district located within ber of Assistant United States Attorneys, tor of U.S. Immigration and Customs En- a sector of the southern border is authorized and forcement shall increase the number of to appoint additional full-time magistrate (B) increase by not fewer than 50 the num- trained, full-time, active duty Office of Prin- judges, who, consistent with the Constitu- ber of Special Assistant United States Attor- cipal Legal Advisor attorneys by not fewer tion and laws of the United States, shall neys in the United States Attorneys’ office than 1,200. Such attorneys shall primarily have the authority to hear cases and con- to litigate denaturalization and other immi- perform duties related to litigation of re- troversies in the judicial district in which gration cases in the Federal courts. moval proceedings and representing the De- the magistrate judges are appointed. (2) IMMIGRATION JUDGES.— partment of Homeland Security in immigra- (3) AUTHORIZATION OF APPROPRIATIONS.— (A) ADDITIONAL IMMIGRATION JUDGES.—Not tion matters before the immigration courts There are authorized to be appropriated for later than September 30, 2021, in addition to within the Department of Justice, the Exec- each of the fiscal years 2018 through 2021 positions authorized before the date of the utive Office for Immigration Review, and en- such sums as may be necessary to carry out enactment of this Act and any existing va- forcement of U.S. customs and trade laws. At this subsection. cancies within the Department of Justice on least 50 of these additional attorney posi- (b) ADDITIONAL PERMANENT DISTRICT COURT such date of enactment, and subject to the tions shall be by the Attorney General to in- JUDGESHIPS IN SOUTHERN BORDER STATES.— availability of appropriations, the Attorney crease the number of U.S. Immigration and (1) IN GENERAL.—The President shall ap- General shall increase by 200 the number of Customs Enforcement attorneys serving as point, by and with the advice and consent of trained full-time immigration judges. Special Assistant U.S. Attorneys, on detail the Senate— (B) FACILITIES AND SUPPORT PERSONNEL.— to the Department of Justice, Offices of the (A) 4 additional district judges for the Dis- The Attorney General is authorized to pro- U.S. Attorneys, to assist with immigration- trict of Arizona; cure space, temporary facilities, and support related litigation. (B) 2 additional district judges for the staff, on an expedited basis, to accommodate (B) USCIS IMMIGRATION ATTORNEYS.—Not Southern District of California; the additional immigration judges author- later than September 30, 2021, in addition to (C) 4 additional district judges for the ized under this subparagraph. positions authorized before the date of the Western District of Texas; and

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COURT JUDGESHIPS.—The judgeships for the section (a) shall not be available, at the dis- (a) IN GENERAL.—Subtitle A of title XX of District of Arizona and the Central District cretion of the Attorney General, if the At- the Homeland Security Act of 2002 (6 U.S.C. of California authorized under section 312(c) torney General determines that there is rea- 601 et seq.) is amended by adding at the end of the 21st Century Department of Justice son to believe that the jurisdiction seeking the following new section: Appropriations Authorization Act (28 U.S.C. reimbursement has engaged in unlawful con- ‘‘SEC. 2009. OPERATION STONEGARDEN. 133 note), in existence on the day before the duct in connection with immigration-related ‘‘(a) ESTABLISHMENT.—There is established date of the enactment of this Act, shall be apprehensions. in the Department a program, which shall be authorized under section 133 of title 28, Subtitle C—Grants known as ‘Operation Stonegarden’, under which the Secretary, acting through the Ad- United States Code, and the individuals hold- SEC. 151. STATE CRIMINAL ALIEN ASSISTANCE ing such judgeships on such day shall hold PROGRAM. ministrator, shall make grants to eligible office under section 133 of title 28, United Section 241(i) of the Immigration and Na- law enforcement agencies, through the State States Code, as amended by paragraph (3). tionality Act (8 U.S.C. 1231(i)) is amended— administrative agency, to enhance border se- (3) TECHNICAL AND CONFORMING AMEND- (1) in paragraph (1)— curity in accordance with this section. ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible MENTS.—The table contained in section 133(a) (A) by inserting ‘‘AUTHORIZATION.—’’ before to receive a grant under this section, a law of title 28, United States Code, is amended— ‘‘If the chief’’; and enforcement agency— (A) by striking the item relating to the (B) by inserting ‘‘or an alien with an un- ‘‘(1) shall be located in— district of Arizona and inserting the fol- known status’’ after ‘‘undocumented crimi- ‘‘(A) a State bordering Canada or Mexico; lowing: nal alien’’ each place that term appears; or (2) by striking paragraphs (2) and (3) and ‘‘Arizona ...... 17’’; ‘‘(B) a State or territory with a maritime inserting the following: border; and (B) by striking the items relating to Cali- ‘‘(2) COMPENSATION.— ‘‘(2) shall be involved in an active, ongoing, fornia and inserting the following : ‘‘(A) CALCULATION OF COMPENSATION.—Com- U.S. Customs and Border Protection oper- pensation under paragraph (1)(A) shall be the ‘‘California: ation coordinated through a sector office. Northern ...... 19 average cost of incarceration of a prisoner in ‘‘(c) PERMITTED USES.—The recipient of a Eastern ...... 12 the relevant State, as determined by the At- grant under this section may use such grant Central ...... 28 torney General. for— Southern ...... 15’’; ‘‘(B) COMPENSATION OF STATE FOR INCARCER- ‘‘(1) equipment, including maintenance and and ATION.—The Attorney General shall com- sustainment costs; pensate the State or political subdivision of ‘‘(2) personnel, including overtime and (C) by striking the items relating to Texas the State, in accordance with subparagraph and inserting the following : backfill, in support of enhanced border law (A), for the incarceration of an alien— enforcement activities; ‘‘Texas: ‘‘(i) whose immigration status cannot be ‘‘(3) any activity permitted for Operation Northern ...... 12 verified by the Secretary of Homeland Secu- Stonegarden under the Department of Home- Southern ...... 21 rity; and land Security’s Fiscal Year 2017 Homeland Eastern ...... 7 ‘‘(ii) who would otherwise be an undocu- Security Grant Program Notice of Funding Western ...... 17’’. mented criminal alien if the alien is unlaw- Opportunity; and fully present in the United States. (c) INCREASE IN FILING FEES.— ‘‘(4) any other appropriate activity, as de- ‘‘(3) DEFINITIONS.—In this subsection: (1) IN GENERAL.—Section 1914(a) of title 28, termined by the Administrator, in consulta- ‘‘(A) ALIEN WITH AN UNKNOWN STATUS.—The United States Code, is amended— tion with the Commissioner of U.S. Customs term ‘alien with an unknown status’ means (A) by striking ‘‘$350’’ and inserting ‘‘$375’’; and Border Protection. an individual— and ‘‘(d) PERIOD OF PERFORMANCE.—The Sec- ‘‘(i) who has been incarcerated by a Fed- (B) by striking ‘‘$5’’ and inserting ‘‘$7’’. retary shall award grants under this section eral, State, or local law enforcement entity; (2) EXPENDITURE LIMITATION.—Incremental to grant recipients for a period of not less and amounts collected pursuant to the amend- than 36 months. ‘‘(ii) whose immigration status cannot be ‘‘(e) REPORT.—For each of the fiscal years ments made by paragraph (1) shall be depos- definitively identified. 2018 through 2022, the Administrator shall ited as offsetting receipts in the special fund ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.—The submit to the Committee on Homeland Secu- of the Treasury established under section term ‘undocumented criminal alien’ means rity and Governmental Affairs of the Senate 1931 of title 28, United States Code. Such an alien who— and the Committee on Homeland Security of amounts shall be available solely for the pur- ‘‘(i) has been charged with or convicted of the House of Representatives a report that pose of facilitating the processing of civil a felony or any misdemeanors; and contains information on the expenditure of cases, but only to the extent specifically ap- ‘‘(ii)(I) entered the United States without grants made under this section by each grant propriated by an Act of Congress enacted inspection or at any time or place other than recipient. after the date of the enactment of this Act. as designated by the Secretary of Homeland ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (d) WHISTLEBLOWER PROTECTION.— Security; There is authorized to be appropriated (1) IN GENERAL.—No officer, employee, $110,000,000 for each of the fiscal years 2018 agent, contractor, or subcontractor of the ju- ‘‘(II) was the subject of exclusion or deportation or removal proceedings at the time he through 2022 for grants under this section.’’. dicial branch may discharge, demote, threat- (b) CONFORMING AMENDMENT.—Section or she was taken into custody by the State en, suspend, harass, or in any other manner 2002(a) of the Homeland Security Act of 2002 or a political subdivision of the State; or discriminate against an employee in the (6 U.S.C. 603) is amended to read as follows: ‘‘(III) was admitted as a nonimmigrant terms and conditions of employment because ‘‘(a) GRANTS AUTHORIZED.—The Secretary, of any lawful act done by the employee to and, at the time he or she was taken into through the Administrator, may award provide information, cause information to be custody by the State or a political subdivi- grants under sections 2003, 2004, and 2009 to provided, or otherwise assist in an investiga- sion of the State, has failed to maintain the State, local, and tribal governments, as ap- tion regarding any possible violation of Fed- nonimmigrant status in which the alien was propriate.’’. eral law or regulation, or misconduct, by a admitted or to which it was changed under (c) CLERICAL AMENDMENT.—The table of judge, justice, or any other employee in the section 248, or to comply with the conditions contents in section 1(b) of the Homeland Se- judicial branch, which may assist in the in- of any such status.’’; curity Act of 2002 is amended by inserting vestigation of the possible violation or mis- (3) in paragraph (4), by inserting ‘‘and after the item relating to section 2008 the conduct. aliens with an unknown status’’ after ‘‘un- following new item: documented criminal aliens’’ each place that (2) CIVIL ACTION.—An employee injured by ‘‘Sec. 2009. Operation Stonegarden.’’. term appears; a violation of paragraph (1) may seek appro- SEC. 153. GRANTS FOR IDENTIFICATION OF VIC- priate relief in a civil action. (4) in paragraph (5)(C), by striking ‘‘to TIMS OF CROSS-BORDER HUMAN carry out this subsection’’ and all that fol- SEC. 142. REIMBURSEMENT TO STATE AND SMUGGLING. LOCAL PROSECUTORS FOR FEDER- lows and inserting ‘‘$950,000,000 for each of In addition to any funding for grants made ALLY INITIATED, IMMIGRATION-RE- the fiscal years 2018 through 2021 to carry available to the Attorney General for State LATED CRIMINAL CASES. out this subsection.’’; and and local law enforcement assistance, the (a) IN GENERAL.—The Attorney General (5) by adding at the end the following: Attorney General shall award grants to shall reimburse State, county, tribal, and ‘‘(7) DISTRIBUTION OF REIMBURSEMENT.— county, municipal, or tribal governments in municipal governments for costs associated Any funds provided to a State or a political States along the southern border for costs, with the prosecution of federally initiated subdivision of a State as compensation under or reimbursement of costs, associated with criminal cases declined to be prosecuted by paragraph (1)(A) for a fiscal year shall be dis- the transportation and processing of uniden- local offices of the United States attorneys, tributed to such State or political subdivi- tified alien remains that have been trans- including costs relating to pre-trial services, sion not later than 120 days after the last ferred to an official medical examiner’s of- detention, clerical support, and public de- day of the period specified by the Attorney fice or an institution of higher education in

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4846 CONGRESSIONAL RECORD — SENATE August 3, 2017 the area with the capacity to analyze human the tax imposed under section 511(a) of the and rule of law activities under the Merida remains using forensic best practices, includ- Internal Revenue Code of 1986. Initiative. ing DNA testing, where such expenses may (B) DISCLOSURE.—Each nonprofit organiza- (b) HIGH INTENSITY DRUG TRAFFICKING contribute to the collection and analysis of tion that is awarded a grant under this sub- AREA PROGRAM.—Section 707(p)(5) of the Of- information pertaining to missing and un- title or any amendment made by this sub- fice of National Drug Control Policy Reau- identified persons. title and uses the procedures prescribed by thorization Act of 1998 (21 U.S.C. 1706(p)(5)) is SEC. 154. GRANT ACCOUNTABILITY. Internal Revenue regulations to create a re- amended by striking ‘‘to the Office of Na- (a) DEFINITIONS.—In this section: buttable presumption of reasonableness for tional Drug Control Policy’’ and all that fol- (1) AWARDING ENTITY.—The term ‘‘awarding the compensation of its officers, directors, lows and inserting ‘‘$280,000,000 to the Office entity’’ means the Secretary, the Adminis- trustees, and key employees, shall disclose of National Drug Control Policy for each of trator of the Federal Emergency Manage- to the awarding entity, in the application for the fiscal years 2018 through 2021 to carry ment Agency, the Director of the National the grant, the process for determining such out this section.’’. Science Foundation, or the Chief of the Of- compensation, including the independent TITLE II—EMERGENCY PORT OF ENTRY fice of Citizenship and New Americans. persons involved in reviewing and approving PERSONNEL AND INFRASTRUCTURE (2) NONPROFIT ORGANIZATION.—The term such compensation, the comparability data FUNDING ‘‘nonprofit organization’’ means an organiza- used, and contemporaneous substantiation of SEC. 201. PORTS OF ENTRY INFRASTRUCTURE. the deliberation and decision. Upon request, tion that is described in section 501(c)(3) of (a) ADDITIONAL PORTS OF ENTRY.— the awarding entity shall make the informa- the Internal Revenue Code of 1986 and is ex- (1) AUTHORITY.—The Secretary of Home- empt from taxation under section 501(a) of tion disclosed under this subparagraph avail- land Security may construct new ports of such Code. able for public inspection. entry along the northern border and the (3) UNRESOLVED AUDIT FINDING.—The term (3) CONFERENCE EXPENDITURES.— southern border and determine the location ‘‘unresolved audit finding’’ means a finding (A) LIMITATION.—Amounts authorized to be of any such new ports of entry. appropriated to the Department of Homeland in a final audit report conducted by the In- (2) CONSULTATION.— Security or the National Science Foundation spector General of the Department of Home- (A) REQUIREMENT TO CONSULT.—The Sec- land Security, or the Inspector General for for grant programs under this subtitle or any retary of Homeland Security shall consult the National Science Foundation for grants amendment made by this subtitle may not with the Secretary of State, the Secretary of awarded by the Director of the National be used by an awarding entity to host or sup- the Interior, the Secretary of Agriculture, Science Foundation, that the audited grant- port any expenditure for conferences that the Secretary of Transportation, the Admin- ee has utilized grant funds for an unauthor- uses more than $20,000 in funds made avail- istrator of General Services, and appropriate ized expenditure or otherwise unallowable able by the Department of Homeland Secu- representatives of State and local govern- cost that is not closed or resolved within one rity or the National Science Foundation un- ments, and Indian tribes, and property own- year after the date when the final audit re- less the Deputy Secretary for Homeland Se- ers in the United States prior to selecting a port is issued. curity, or the Deputy Director of the Na- location for any new port constructed pursu- (b) ACCOUNTABILITY.—All grants awarded tional Science Foundation, or their designee, ant to paragraph (1). provides prior written authorization that the by an awarding entity pursuant to this sub- (B) CONSIDERATIONS.—The purpose of the title shall be subject to the following ac- funds may be expended to host the con- consultations required by subparagraph (A) countability provisions: ference. shall be to minimize any negative impacts of (1) AUDIT REQUIREMENT.— (B) WRITTEN APPROVAL.—Written approval such a new port on the environment, culture, (A) AUDITS.—Beginning in the first fiscal under subparagraph (A) shall include a writ- commerce, and quality of life of the commu- year beginning after the date of the enact- ten estimate of all costs associated with the nities and residents located near such new ment of this Act, and in each fiscal year conference, including the cost of all food, port. thereafter, the Inspector General of the De- beverages, audio-visual equipment, hono- (b) EXPANSION AND MODERNIZATION OF HIGH- partment of Homeland Security, or the In- raria for speakers, and entertainment. PRIORITY BORDER PORTS OF ENTRY.—Not spector General for the National Science (C) REPORT.—The Deputy Secretary of later than September 30, 2021, the Secretary Foundation for grants awarded by the Direc- Homeland Security and the Deputy Director of Homeland Security shall modernize the tor of the National Science Foundation, of the National Science Foundation shall top 10 high-priority ports of entry. shall conduct audits of recipients of grants submit an annual report to Congress that (c) PORT OF ENTRY PRIORITIZATION.—Prior under this subtitle or any amendments made identifies all conference expenditures ap- to constructing any new ports of entry pur- by this subtitle to prevent waste, fraud, and proved under this paragraph. suant to subsection (a), the Secretary shall abuse of funds by grantees. Such Inspectors (4) ANNUAL CERTIFICATION.—Beginning in complete the expansion and modernization General shall determine the appropriate the first fiscal year beginning after the date of ports of entry pursuant to subsection (b) number of grantees to be audited each year. of the enactment of this Act, each awarding to the extent practicable. (B) MANDATORY EXCLUSION.—A recipient of entity shall submit a report to Congress (d) NOTIFICATION.— grant funds under this subtitle that is found that— (1) NEW PORTS OF ENTRY.—Not later than 15 to have an unresolved audit finding shall not (A) indicates whether— days after determining the location of any be eligible to receive grant funds under this (i) all audits issued by the Offices of the In- new port of entry for construction pursuant subtitle or any amendment made by this spector General under paragraph (1) have to subsection (a), the Secretary of Homeland subtitle during the first two fiscal years be- been completed and reviewed by the appro- Security shall submit a report containing ginning after the end of the one-year period priate individuals; the location of the new port of entry, a de- described in subsection (A). (ii) all mandatory exclusions required scription of the need for and anticipated ben- (C) PRIORITY.—In awarding a grant under under paragraph (1)(B) have been issued; and efits of the new port of entry, a description this subtitle or any amendment made by this (iii) all reimbursements required under of the consultations undertaken by the Sec- subtitle, the awarding entity shall give pri- paragraph (1)(D) have been made; and retary, any actions that will be taken to ority to eligible applicants that did not have (B) includes a list of any grant recipients minimize negative impacts of the new port, an unresolved audit finding during the three excluded under paragraph (1) during the pre- and the anticipated timeline for construc- fiscal years immediately preceding the date vious year. tion and completion of the new port of entry on which the entity submitted the applica- Subtitle D—Authorization of Appropriations to— tion for such grant. SEC. 161. AUTHORIZATION OF APPROPRIATIONS. (A) the members of Congress that rep- (D) REIMBURSEMENT.—If an entity is award- (a) IN GENERAL.—In addition to amounts resent the State or congressional district in ed grant funds under this subtitle or any otherwise authorized to be appropriated, which the new port of entry will be located; amendment made by this subtitle during the there are authorized to be appropriated for (B) the Committee on Homeland Security two-year period when the entity is barred each of the fiscal years 2018 through 2021, and Governmental Affairs of the Senate; from receiving grants under subparagraph $2,500,000,000 to implement this title and the (C) the Committee on Finance of the Sen- (B), the awarding entity shall— amendments made by this title, of which— ate; (i) deposit an amount equal to the amount (1) $10,000,000 shall be used by the Depart- (D) the Committee on the Judiciary of the of the grant funds that were improperly ment of Homeland Security to implement Senate; awarded to such entity into the general fund Vehicle and Dismount Exploitation Radars (E) the Committee on Homeland Security of the Treasury; and (VADER) in border security operations; of the House of Representatives; (ii) seek to recover the costs of the repay- (2) $3,000,000 shall be used by the Depart- (F) the Committee on Ways and Means of ment under clause (i) from such entity. ment of Homeland Security to implement the House of Representatives; and (2) NONPROFIT ORGANIZATION REQUIRE- three dimensional, seismic acoustic detec- (G) the Committee on the Judiciary of the MENTS.— tion and ranging border tunneling detection House of Representatives. (A) PROHIBITION.—An awarding entity may technology on the southern border; (2) TOP TEN HIGH-VOLUME PORTS.—Not later not award a grant under this subtitle or any (3) $200,000,000 shall be used by the Depart- than 180 days after the date of the enactment amendment made by this subtitle to a non- ment of State to implement section 113; and of this Act, the Secretary of Homeland Secu- profit organization that holds money in off- (4) $30,000,000 shall be used for judicial re- rity shall notify the congressional commit- shore accounts for the purpose of avoiding form, institution building, anti-corruption, tees listed under paragraph (1) of—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4847 (A) the top 10 high-volume ports of entry be appropriated, there are authorized to be ‘‘(D) a consideration of how such a system on the southern border referred to in sub- appropriated $125,000,000 for fiscal year 2018 will affect wait times that takes into ac- section (b); and to carry out this section. count prior reports on such matter issued by (B) the Secretary’s plan for expanding the SEC. 205. BIOMETRIC TECHNOLOGY. the Government Accountability Office and primary and secondary inspection lanes at (a) BIOMETRIC STORAGE.—The Secretary the Department; each such port of entry. shall create a system or upgrade an existing ‘‘(E) information received after consulta- SEC. 202. SECURE COMMUNICATIONS. system (if a Department of Homeland Secu- tion with private sector stakeholders, in- (a) IN GENERAL.—The Secretary shall en- rity system already has capability and ca- cluding the— sure that each U.S. Customs and Border Pro- pacity for storage) to allow for storage of iris ‘‘(i) trucking industry; tection and U.S. Immigration and Customs scans and voice prints of aliens that can be ‘‘(ii) airport industry; Enforcement officer or agent, if appropriate, used by the Department of Homeland Secu- ‘‘(iii) airline industry; is equipped with a secure two-way commu- rity, other Federal agencies, and State and ‘‘(iv) seaport industry; nication device, supported by system inter- local law enforcement for identification, re- ‘‘(v) travel industry; and operability and LTE network capability, mote authentication, and verification of ‘‘(vi) biometric technology industry; that allows each such officer to commu- aliens. The Secretary shall ensure, to the ex- ‘‘(F) a consideration of how trusted trav- nicate— tent possible, that the system for storage of eler programs in existence as of the date of (1) between ports of entry and inspection iris scans and voice prints is compatible with the enactment of this Act may be impacted stations; and existing State and local law enforcement by, or incorporated into, such a system; (2) with other Federal, State, tribal, and systems that are used for collection and ‘‘(G) defined metrics of success and mile- local law enforcement entities. storage of iris scans or voice prints for crimi- stones; (b) LAND BORDER AGENTS AND OFFICERS.— nal aliens. ‘‘(H) identified risks and mitigation strate- The Secretary shall ensure that each U.S. (b) PILOT PROGRAM.—Not later than 120 gies to address such risks; and Customs and Border Protection agent or offi- days after the date of enactment of this Act, ‘‘(I) a consideration of how other countries cer assigned or required to patrol on foot, by U.S. Immigration and Customs Enforcement have implemented a biometric exit data sys- horseback, or with a canine unit, in remote and U.S. Citizenship and Immigration Serv- tem; and mission critical locations, including but not ices shall conduct a six-month pilot on the ‘‘(2) not later than two years after the date limited to the Rio Grand Valley and Big collection and use of iris scans and voice of the enactment of the Building America’s Bend, and at border checkpoints, has a prints for identification, remote authentica- Trust Act, establish a biometric exit data multi-band, encrypted portable radio with tion, and verification of aliens who are in re- system at— military-grade high frequency capability to moval proceedings, detained, or are seeking ‘‘(A) the 15 United States airports that sup- allow for beyond line-of-sight communica- an immigration benefit. port the highest volume of international air tions. (c) REPORT.—Not later than one year after travel, as determined by available Federal SEC. 203. BORDER SECURITY DEPLOYMENT PRO- the date of enactment of this Act, the Sec- flight data; GRAM. retary shall report the results of the pilot ‘‘(B) the 15 United States seaports that (a) EXPANSION.—Not later than September and make recommendations for imple- support the highest volume of international 30, 2021, the Secretary shall fully implement menting use of such technology to the Com- sea travel, as determined by available Fed- the Border Security Deployment Program of mittee on Homeland Security and Govern- eral travel data; and the U.S. Customs and Border Protection and mental Affairs and the Committee on the Ju- ‘‘(C) the 15 United States land ports of expand the integrated surveillance and in- diciary of the Senate and the Committee on entry that support the highest volume of ve- trusion detection system at land ports of Homeland Security and Committee on the hicle, pedestrian, and cargo crossings, as de- entry along the southern border and the Judiciary of the House of Representatives. termined by available Federal border cross- northern border. (d) AUTHORIZATION OF APPROPRIATIONS.—In ing data. (b) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to ‘‘(b) IMPLEMENTATION.— addition to amounts otherwise authorized to be appropriated, there are authorized to be ‘‘(1) PILOT PROGRAM AT LAND PORTS OF be appropriated, there are authorized to be appropriated $10,000,000 for fiscal year 2018 to ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAF- appropriated $33,000,000 for fiscal year 2018 to carry out this section. FIC.—Not later than 18 months after the date carry out subsection (a). SEC. 206. BIOMETRIC EXIT DATA SYSTEM. of the enactment of the Building America’s SEC. 204. PILOT AND UPGRADE OF LICENSE (a) IN GENERAL.—Subtitle B of title IV of Trust Act, the Secretary, in collaboration PLATE READERS AT PORTS OF the Homeland Security Act of 2002 (6 U.S.C. with industry stakeholders, shall establish a ENTRY. 211 et seq.) is amended by adding at the end six-month pilot program to test the biomet- (a) UPGRADE.—Not later than one year the following new section: ric exit data system referred to in subsection after the date of the enactment of this Act, ‘‘SEC. 418. BIOMETRIC ENTRY-EXIT.’’. (a)(2) on nonpedestrian outbound traffic at the Commissioner of U.S. Customs and Bor- ‘‘(a) ESTABLISHMENT.—The Secretary not fewer than three land ports of entry with der Protection shall upgrade all existing li- shall— significant cross-border traffic, including at cense plate readers on the northern border ‘‘(1) not later than 180 days after the date not fewer than two land ports of entry on the and the southern borders on incoming and of the enactment of the Building America’s southern land border and at least one land outgoing vehicle lanes. Trust Act, submit to the Committee on port of entry on the northern land border. (b) PILOT PROGRAM.—Not later than 90 days Homeland Security and Governmental Af- Such pilot program may include a consider- after the date of the enactment of this Act, fairs of the Senate, the Committee on the ation of more than one biometric mode, and the Commissioner of U.S. Customs and Bor- Judiciary of the Senate, the Committee on shall be implemented to determine the fol- der Protection shall conduct a one-month Homeland Security of the House of Rep- lowing: pilot on the southern border using license resentatives, and the Committee on the Ju- ‘‘(A) How a nationwide implementation of plate readers for one to two cargo lanes at diciary of the House of Representatives an such biometric exit data system at land the top three high-volume land ports of implementation plan to establish a biomet- ports of entry shall be carried out. entry or checkpoints to determine their ef- ric exit data system to complete the inte- ‘‘(B) The infrastructure required to carry fectiveness in reducing cross-border wait grated biometric entry and exit data system out subparagraph (A). times for commercial traffic and tractor- required under section 7208 of the Intel- ‘‘(C) The effects of such pilot program on trailers. ligence Reform and Terrorism Prevention legitimate travel and trade. (c) REPORT.—Not later than 180 days after Act of 2004 (8 U.S.C. 1365b), including— ‘‘(D) The effects of such pilot program on the date of enactment of this Act, the Sec- ‘‘(A) an integrated master schedule and wait times, including processing times, for retary shall— cost estimate, including requirements and such non-pedestrian traffic. (1) report to the Committee on Homeland design, development, operational, and main- ‘‘(E) Its effectiveness in combating ter- Security and Governmental Affairs of the tenance costs, of such a system that takes rorism. Senate, the Committee on the Judiciary of into account prior reports on such matters ‘‘(F) Its effectiveness in identifying visa the Senate, the Committee on Finance of the issued by the Government Accountability Of- holders who violate the terms of their visas. Senate, the Committee on Homeland Secu- fice and the Department; ‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PE- rity of the House of Representatives, the ‘‘(B) cost-effective staffing and personnel DESTRIAN OUTBOUND TRAFFIC.— Committee on the Judiciary of the House of requirements of such a system that leverages ‘‘(A) IN GENERAL.—Not later than five Representatives, and the Committee on existing resources of the Department that years after the date of the enactment of the Ways and Means of the House of Representa- takes into account prior reports on such Building America’s Trust Act, the Secretary tives on the results of the pilot program matters issued by the Government Account- shall expand the biometric exit data system under subsection (b); and ability Office and the Department; referred to in subsection (a)(2) to all land (2) make recommendations to such com- ‘‘(C) a consideration of training programs ports of entry, and such system shall apply mittees for implementing such technology necessary to establish such a system that only in the case of nonpedestrian outbound on the southern border. takes into account prior reports on such traffic. (d) AUTHORIZATION OF APPROPRIATIONS.—In matters issued by the Government Account- ‘‘(B) EXTENSION.—The Secretary may ex- addition to amounts otherwise authorized to ability Office and the Department; tend for a single two-year period the date

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specified in subparagraph (A) if the Sec- exits the United States through a land port ‘‘(1) IN GENERAL.—The Secretary, on a war- retary certifies to the Committee on Home- of entry. rant issued by the Secretary, may arrest an land Security and Governmental Affairs of ‘‘(g) COLLECTION OF DATA.—The Secretary alien and detain the alien pending a decision the Senate, the Committee on the Judiciary may not require any non-Federal person to on whether the alien is to be removed from of the Senate, the Committee on Homeland collect biometric data pursuant to the bio- the United States up until the alien has an Security of the House of Representatives, metric exit data system established under administratively final order of removal. Ex- and the Committee on the Judiciary of the this section, except through a contractual cept as provided in subsection (c) and pend- House of Representatives that the 15 land agreement. ing such decision, the Secretary— ports of entry that support the highest vol- ‘‘(h) MULTI-MODAL COLLECTION.—In car- ‘‘(A) may— ume of passenger vehicles, as determined by rying out subsections (a)(1) and (b), the Sec- ‘‘(i) continue to detain the arrested alien; available Federal data, do not have the phys- retary shall make every effort to collect bio- ‘‘(ii) release the alien on bond of at least ical infrastructure or characteristics to in- metric data using multiple modes of bio- $5,000, with security approved by, and con- stall the systems necessary to implement a metrics. taining conditions prescribed by, the Sec- ‘‘(i) FACILITIES.—All non-federally owned biometric exit data system. retary; or facilities where the biometric exit data sys- ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not tem established under this section is imple- ‘‘(iii) release the alien on his or her own re- later than five years after the date of the en- mented shall provide and maintain space for cognizance, subject to appropriate condi- actment of the Building America’s Trust Federal use that is adequate to support bio- tions set forth by the Secretary of Homeland Act, the Secretary shall expand the biomet- metric data collection and other inspection- Security, if the Secretary of Homeland Secu- ric exit data system referred to in subsection related activity. Such space shall be pro- rity determines that the alien will not pose (a)(2) to all air and sea ports of entry. vided and maintained at no cost to the Gov- a danger to the safety of other persons or of ‘‘(4) AT LAND PORTS OF ENTRY FOR PEDES- ernment. property and is likely to appear for any TRIANS.—Not later than five years after the ‘‘(j) NORTHERN LAND BORDER.—In the case scheduled proceeding; and date of the enactment of the Building Amer- of the northern land border, the require- ‘‘(B) may not provide the alien with work ica’s Trust Act, the Secretary shall expand ments under subsection (a)(2)(C), (b)(2)(A), authorization (including an ‘employment au- the biometric exit data system referred to in and (b)(4) may be achieved through the shar- thorized’ endorsement or other appropriate subsection (a)(2) to all land ports of entry, ing of biometric data provided to U.S. Cus- work permit) or advance parole to travel and such system shall apply only in the case toms and Border Protection by the Canadian outside of the United States, unless the alien of pedestrians. Border Services Agency pursuant to the 2011 is lawfully admitted for permanent residence ‘‘(c) EFFECTS ON AIR, SEA, AND LAND Beyond the Border agreement. or otherwise would (without regard to re- TRANSPORTATION.—The Secretary, in con- ‘‘(k) CONGRESSIONAL REVIEW.—Not later moval proceedings) be provided such author- sultation with appropriate private sector than 90 days after the date of the enactment ization. stakeholders, shall ensure that the collec- of this section, the Secretary shall submit to ‘‘(b) REVOCATION OF BOND OR PAROLE.—The tion of biometric data under this section the Committee on Homeland Security and Secretary at any time may revoke bond or causes the least possible disruption to the Governmental Affairs of the Senate, the parole authorized under subsection (a), re- movement of people or cargo in air, sea, or Committee on the Judiciary of the Senate, arrest the alien under the original warrant, land transportation, while fulfilling the the Committee on Homeland Security of the and detain the alien. goals of improving counterterrorism efforts House of Representatives, and the Com- ‘‘(c) MANDATORY DETENTION OF CRIMINAL and identifying visa holders who violate the mittee on the Judiciary of the House of Rep- ALIENS.— terms of their visas. resentatives reports and recommendations of ‘‘(1) CRIMINAL ALIENS.—The Secretary shall the Science and Technology Directorate’s ‘‘(d) TERMINATION OF PROCEEDING.—Not- take into custody and continue to detain any Air Entry and Exit Re-Engineering Program withstanding any other provision of law, the alien who— of the Department and the U.S. Customs and Secretary shall, on the date of the enact- ‘‘(A)(i) has not been admitted or paroled Border Protection entry and exit mobility into the United States; and ment of the Building America’s Trust Act, program demonstrations.’’. terminate the proceeding entitled ‘Collec- ‘‘(ii) was apprehended anywhere within 100 SEC. 207. SENSE OF CONGRESS ON COOPERATION miles of the international border of the tion of Alien Biometric Data Upon Exit BETWEEN AGENCIES. United States; From the United States at Air and Sea Ports (a) FINDING.—Congress finds that personnel ‘‘(B) is admissible by reason of having com- of Departure; United States Visitor and Im- constraints exist at land ports of entry with migrant Status Indicator Technology Pro- regard to sanitary and phytosanitary inspec- mitted any offense covered in section gram (‘‘US-VISIT’’)’, issued on April 24, 2008 tions for exported goods. 212(a)(2); (73 Fed. Reg. 22065). (b) SENSE OF CONGRESS.—It is the sense of ‘‘(C) is deportable by reason of having com- ‘‘(e) DATA-MATCHING.—The biometric exit Congress that, in the best interest of cross- mitted any offense covered in section data system established under this section border trade and the agricultural commu- 237(a)(2); shall— nity— ‘‘(D) is convicted for an offense under sec- ‘‘(1) match biometric information for an (1) any lack of certified personnel for in- tion 275(a); alien who is departing the United States spection purposes at ports of entry should be ‘‘(E) is convicted for an offense under sec- against the biometric information obtained addressed by seeking cooperation between tion 276; for the alien upon entry to the United agencies and departments of the United ‘‘(F) is convicted for any criminal offense; States; States, whether in the form of a memo- or ‘‘(2) leverage the infrastructure and data- randum of understanding or through a cer- ‘‘(G) is inadmissible under section bases of the current biometric entry and exit tification process, whereby additional exist- 212(a)(3)(B) or deportable under section system established pursuant to section 7208 ing agents are authorized for additional 237(a)(4)(B), of the Intelligence Reform and Terrorism hours to facilitate the crossing and trade of when the alien is released, without regard to Prevention Act of 2004 (8 U.S.C. 1365b) for the perishable goods in a manner consistent with whether the alien is released on parole, su- purpose described in paragraph (1); and rules of the Department of Agriculture; and pervised release, and without regard to ‘‘(3) be interoperable with, and allow (2) cross designation should be available whether the alien may be arrested or impris- matching against, other Federal databases for personnel who will assist more than one oned again for the same offense. that store biometrics of known or suspected agency or department at land ports of entry ‘‘(2) RELEASE.— terrorists and visa holders who have violated to facilitate increased trade and commerce. ‘‘(A) IN GENERAL.—Except as provided in the terms of their visas. SEC. 208. AUTHORIZATION OF APPROPRIATIONS. subparagraph (B), the Secretary may release ‘‘(f) SCOPE.— In addition to any amounts otherwise au- an alien described in paragraph (1) only if ‘‘(1) IN GENERAL.—The biometric exit data thorized to be appropriated, there is author- the Secretary decides pursuant to section system established under this section shall ized to be appropriated $1,000,000,000 for each 3251 of title 18, United States Code, and in include a requirement for the collection of of the fiscal years 2018 through 2021 to carry accordance with a procedure that considers biometric exit data for all categories of indi- out this title. the severity of the offense committed by the viduals who are required to provide biomet- TITLE III—DOMESTIC SECURITY AND alien, that— ric entry data. INTERIOR ENFORCEMENT ‘‘(i) release of the alien from custody is ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID- Subtitle A—General Matters necessary to provide protection to a witness, UALS.—This section shall not apply to indi- a potential witness, a person cooperating SEC. 301. ENDING CATCH AND RELEASE FOR RE- viduals who exit and then reenter the United PEAT IMMIGRATION VIOLATORS with an investigation into major criminal States on a passenger vessel (as such term is AND CRIMINALS ALIENS. activity, or an immediate family member or defined in section 2101 of title 46, United Section 236 of the Immigration and Nation- close associate of a witness, potential wit- States Code) if the itinerary of such vessel ality Act (8 U.S.C. 1226) is amended by strik- ness, or person cooperating with such an in- originates and terminates in the United ing the section heading and subsections (a) vestigation, and States. through (c) and inserting the following: ‘‘(ii) the alien satisfies the Secretary that ‘‘(3) EXCEPTION FOR LAND PORTS OF ENTRY.— ‘‘SEC. 236. APPREHENSION AND DETENTION OF the alien is not a flight risk, poses no danger This section shall not apply to a United ALIENS. to the safety of other persons or of property, States citizen or a Canadian citizen who ‘‘(a) ARREST, DETENTION, AND RELEASE.— is not a threat to national security or public

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4849 safety, and is likely to appear at any sched- ‘‘(I) the alien was lawfully admitted to the ‘‘(ii) is the subject of a final order of re- uled proceeding. United States as a nonimmigrant; moval under section 240 of that Act (8 U.S.C. ‘‘(B) ARRESTED, BUT NOT CONVICTED, ‘‘(II) the alien filed a nonfrivolous applica- 1229a) based on inadmissibility under section ALIENS.— tion for change of status to another non- 212(a)(2) of that Act (8 U.S.C. 1182(a)(2)) or ‘‘(i) RELEASE FOR PROCEEDINGS.—The Sec- immigrant category or extension of stay be- being subject to removal under section retary of Homeland Security may release fore the date of expiration of the alien’s au- 237(a)(2) of that Act (8 U.S.C. 1227(a)(2)).’’. any alien held pursuant to paragraph (1) to thorized period of stay as a nonimmigrant; (b) FURNISHING OF DNA SAMPLES FROM the appropriate authority for any pro- ‘‘(III) the alien has not been employed CRIMINAL AND DETAINED ALIENS.—Section ceedings subsequent to the arrest. without authorization in the United States, 3(b) of the DNA Analysis Backlog Elimi- ‘‘(ii) RESUMPTION OF CUSTODY.—If an alien before, or during pendency of the applica- nation Act of 2000 (42 U.S.C. 14135a(b)) is is released under clause (i), the Secretary tion; amended by striking ‘‘or the probation office shall— ‘‘(IV) the alien has not otherwise violated responsible (as applicable)’’ and inserting ‘‘(I) resume custody of the alien during any the terms of the alien’s nonimmigrant sta- ‘‘the probation office responsible, or the Sec- period pending the final disposition of any tus; and retary of Homeland Security’’. such proceedings that the alien is not in the ‘‘(V) the Secretary of Homeland Security, SEC. 305. COLLECTION, USE, AND STORAGE OF BI- custody of such appropriate authority; and in the Secretary’s sole and unreviewable dis- OMETRIC DATA. ‘‘(II) if the alien is not convicted of the of- cretion, determines that the alien is not a (a) COLLECTION AND USE OF BIOMETRIC IN- fense for which the alien was arrested, the threat to national security or public safety. FORMATION FOR IMMIGRATION PURPOSES.— Secretary shall continue to detain the alien ‘‘(iii) GOOD CAUSE DEFINED.—In clause (i), (1) COLLECTION.—The Secretary of Home- until removal proceedings are completed.’’. the term ‘good cause’ means exigent humani- land Security may require any individual fil- SEC. 302. DETERRING VISA OVERSTAYS. tarian circumstances, such as medical emer- ing an application, petition, or other request (a) ADMISSION OF NONIMMIGRANTS.—Section gencies or force majeure.’’. for immigration benefit or status with the 214 of the Immigration and Nationality Act (b) ISSUANCE OF NONIMMIGRANT VISAS.— Department of Homeland Security or seek- (8 U.S.C. 1184) is amended by striking the Section 221(a) of the Immigration and Na- ing an immigration benefit, immigration section heading and all that follows through tionality Act (8 U.S.C. 1201(a)) is amended by employment authorization, identity, or trav- subsection (a)(1) and inserting the following: adding at the end the following: el document, or requesting relief under any ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. ‘‘(3) NOTIFICATION OF BARS.—The Secretary provision of the immigration laws to submit ‘‘(a) IN GENERAL.— of State shall ensure that every application biometric information (including but not ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— for a nonimmigrant visa includes a state- limited to fingerprints, photograph, signa- ‘‘(A) REGULATIONS.—Subject to subpara- ment, to be executed under penalty of per- ture, voice print, iris, or DNA) to the Sec- graphs (B) and (C), the admission to the jury, notifying the alien who is seeking a retary. United States of any alien as a non- nonimmigrant visa of the bars to immigra- (2) USE.—The Secretary may use any bio- immigrant may be for such time and under tion relief and to contesting removal under metric information submitted under para- such conditions as the Secretary of Home- section 214(a)(1)(D) if the alien fails to depart graph (1) to conduct background and secu- land Security may by regulations prescribe, the United States at the end of the alien’s rity checks, verify an individual’s identity, including when the Secretary deems nec- authorized period of stay.’’. adjudicate, revoke, or terminate immigra- essary the giving of a bond with sufficient (c) VISA WAIVER PROGRAM WAIVER OF surety in such sum and containing such con- RIGHTS.—Section 217(b) of the Immigration tion benefits or status, and perform other ditions as the Secretary shall prescribe, to and Nationality Act (8 U.S.C. 1187(b)) is functions related to administering and en- insure that at the expiration of such time or amended to read as follows: forcing the immigration laws. upon failure to maintain the status under ‘‘(b) WAIVER OF RIGHTS.—An alien may not (b) BIOMETRIC AND BIOGRAPHIC INFORMATION which the alien was admitted, or to maintain be provided a waiver under the program un- SHARING.— any status subsequently acquired under sec- less the alien has— (1) BIOMETRIC AND BIOGRAPHIC INFORMATION tion 248, such alien will depart from the ‘‘(1) signed, under penalty of perjury, an SHARING WITH DEPARTMENT OF DEFENSE AND United States. acknowledgement confirming that the alien FEDERAL BUREAU OF INVESTIGATION.—The ‘‘(B) GUAM OR CNMI VISA WAIVER NON- was notified and understands that he or she Secretary of Homeland Security, the Sec- IMMIGRANTS.—No alien admitted to Guam or will be ineligible for any form of relief or im- retary of Defense, and the Director of the the Commonwealth of the Northern Mariana migration benefit under the Act or any other Federal Bureau of Investigation— Islands without a visa pursuant to section immigration laws, other than a request for (A) shall exchange appropriate biometric 212(l) may be authorized to enter or stay in asylum, withholding of removal under sec- and biographic information to determine or the United States other than in Guam or the tion 241(b)(3), or relief from removal based on confirm the identity of an individual and to Commonwealth of the Northern Mariana Is- a claim under the Convention Against Tor- assess whether the individual is a threat to lands or to remain in Guam or the Common- ture and Other Cruel, Inhuman or Degrading national security or public safety; and wealth of the Northern Mariana Islands for a Treatment or Punishment, done at New (B) may use information exchanged pursu- period exceeding 45 days from the date of ad- York, December 10, 1984, if the alien fails to ant to subparagraph (A) to compare biomet- mission to Guam or the Commonwealth of depart the United States at the end of the 90- ric and biographic information contained in the Northern Mariana Islands. day period for admission; applicable systems of the Department of ‘‘(C) VISA WAIVER PROGRAM NON- ‘‘(2) waived any right to review or appeal Homeland Security, the Department of De- IMMIGRANTS.—No alien admitted to the under this Act of an immigration officer’s fense, or the Federal Bureau of Investigation United States without a visa pursuant to determination as to the a admissibility of to determine if there is a match between section 217 may be authorized to remain in the alien at the port of entry into the United such information and, if there is a match, to the United States as a nonimmigrant visitor States, and relay such information to the requesting for a period exceeding 90 days from the date ‘‘(3) waived any right to contest, other agency. of admission. than on the basis of an application for asy- (2) USE OF BIOMETRIC DATA BY THE DEPART- ‘‘(D) BAR TO IMMIGRATION BENEFITS AND TO lum, any action for removal of the alien.’’. MENT OF STATE.—The Secretary of State CONTESTING REMOVAL.— SEC. 303. INCREASE IN IMMIGRATION DETEN- shall use biometric information from appli- ‘‘(i) IN GENERAL.—Subject to clause (ii), ex- TION CAPACITY. cable systems of the Department of Home- cept for an alien admitted as a non- Not later than September 30, 2018, and sub- land Security, of the Department of Defense, immigrant under subparagraph (A) or (G) of ject to the availability of appropriations, the and of the Federal Bureau of Investigation to section 101(a)(15) or a NATO nonimmigrant, Secretary of Homeland Security shall in- track individuals who are— any alien who remains in the United States crease the immigration detention capacity (A)(i) known or suspected terrorists; or beyond the period of stay authorized by the to a daily immigration detention capacity of (ii) identified as a potential threat to na- Secretary of Homeland Security, without not less than 48,879 detention beds. tional security; and good cause as determined by the Secretary of SEC. 304. COLLECTION OF DNA FROM CRIMINAL (B) using an alias while traveling. Homeland Security, in the Secretary’s dis- AND DETAINED ALIENS. (3) REPORT ON BIOMETRIC INFORMATION cretion, is ineligible for all immigration ben- (a) IN GENERAL.—Section 3(a)(1) of the DNA SHARING WITH MEXICO AND OTHER COUNTRIES efits or relief available under the immigra- Analysis Backlog Elimination Act of 2000 (42 FOR IDENTITY VERIFICATION.—Not later than tion laws, other than a request for asylum, U.S.C. 14135a(a)(1)) is amended by adding at 180 days after the date of the enactment of withholding of removal under section the end the following: this Act, the Secretary of Homeland Secu- 241(b)(3), or relief from removal based on a ‘‘(C) The Secretary of Homeland Security rity and the Secretary of State shall submit claim under the Convention Against Torture shall collect DNA samples from any alien, as a joint report on the status of efforts to en- and Other Cruel, Inhuman or Degrading defined under section 101(a)(3) of the Immi- gage with the Government of Mexico and the Treatment or Punishment, done at New gration and Nationality Act (8 U.S.C. governments of other appropriate foreign York, December 10, 1984. 1101(a)(3)), who— countries located in Central America or ‘‘(ii) EXCEPTION.—The Secretary may, in ‘‘(i) has been detained pursuant to section South American— the Secretary’s sole and unreviewable discre- 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of that (A) to discuss coordination on biometric tion, find that a nonimmigrant is not subject Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, information sharing between the United to clause (i) if— 1228); or States and such countries; and

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Such revocation shall not be subject Justice, the Federal Bureau of Investigation, ing requiring the posting of a bond, and only to administrative appeal or judicial re- and the Department of Homeland Security to on a case-by-case basis for urgent humani- view.’’. use in identifying individuals who are known tarian reasons or significant public benefit, SEC. 308. STOP DANGEROUS SANCTUARY CITIES or suspected terrorists or potential threats any alien applying for admission to the ACT. to national security and verifying entry and United States. (a) SHORT TITLE.—This section may be exit of individuals to and from the United ‘‘(B) PAROLE NOT AN ADMISSION.—In accord- cited as the ‘‘Stop Dangerous Sanctuary Cit- States. ance with section 101(a)(13)(B), parole of an ies Act’’. (c) CONSTRUCTION.—The collection of bio- alien under subparagraph (A) shall not be re- (b) ENSURING THAT LOCAL AND FEDERAL metric information under paragraph (1) shall garded as an admission of the alien to the LAW ENFORCEMENT OFFICERS MAY COOPERATE not limit the Secretary of Homeland Secu- United States. TO SAFEGUARD OUR COMMUNITIES.— rity’s authority to collect biometric infor- ‘‘(C) PROHIBITED USES OF PAROLE AUTHOR- (1) AUTHORITY TO COOPERATE WITH FEDERAL mation from any individual arriving to or ITY.— OFFICIALS.—A State, a political subdivision departing from the United States. ‘‘(i) IN GENERAL.—The Secretary may not of a State, or an officer, employee, or agent SEC. 306. PILOT PROGRAM FOR ELECTRONIC use the authority under subparagraph (A) to of such State or political subdivision that FIELD PROCESSING. parole in generalized categories of aliens or complies with a detainer issued by the De- (a) IN GENERAL.—The Secretary of Home- classes of aliens based solely on nationality, partment under sections 236, 241, or section land Security shall establish a pilot program presence, or residence in the United States, 287 of the Immigration and Nationality Act in at least 5 of the 10 U.S. Immigration and family relationships, or any other criteria (8 U.S.C. 1226, 1231, or 1357)— Customs Enforcement field offices or regions that would cover a broad group of foreign na- (A) shall be deemed to be acting as an with the largest removal caseloads to allow tionals either inside or outside of the United agent of the Department; and U.S. Immigration and Customs Enforcement States. (B) with regard to actions taken to comply officers to use handheld or vehicle-mounted ‘‘(ii) ALIENS WHO ARE NATIONAL SECURITY OR with the detainer, shall have all authority computers to electronically— PUBLIC SAFETY THREATS.— available to officers and employees of the (1) process and serve charging documents, ‘‘(I) PROHIBITION ON PAROLE.—The Sec- Department. including notices to appear, while in the retary of Homeland Security shall not parole (2) LEGAL PROCEEDINGS.—In any legal pro- field; in any alien who the Secretary, in the Sec- ceeding brought against a State, a political (2) process and place detainers while in the retary’s sole and unreviewable discretion, de- subdivision of State, or an officer, employee, field; termines is a threat to national security or or agent of such State or political subdivi- (3) collect biometric data for the purpose public safety, except in extreme exigent cir- sion, which challenges the legality of the sei- of identifying an alien and establishing both cumstances. zure or detention of an individual pursuant immigration status and criminal history ‘‘(II) EXTREME EXIGENT CIRCUMSTANCES DE- to a detainer issued by the Department while in the field; FINED.—In subclause (I), the term ‘extreme under section 236 or 287 of the Immigration (4) enter any required data, including per- exigent circumstances’ means circumstances and Nationality Act (8 U.S.C. 1226, 1357)— sonal information about the alien subject under which— (A) no liability for false arrest or imprison- and the reason for issuing the document; ‘‘(aa) the failure to parole the alien would ment shall lie against the State or political (5) apply the electronic signature of the result in the immediate significant risk of subdivision of a State for actions taken in issuing ICE officer or agent; loss of life or bodily function due to a med- compliance with the detainer, which in- (6) apply or capture the electronic signa- ical emergency; cludes maintaining custody of the alien in ture of the alien on any charging document ‘‘(bb) the failure to parole the alien would accordance with the instructions on the de- or notice, including any electronic signature conflict with medical advice as to the health tainer form and notifying the Department captured to acknowledge service of such doc- or safety of the individual, detention facility prior to the alien’s release from custody; and uments or notices; staff, or other detainees; or (B) if the actions of the officer, employee, (7) set the date the alien is required to ap- ‘‘(cc) there is an urgent need for the alien’s or agent of the State or political subdivision pear before an immigration judge, in the presence for a law enforcement purpose, in- were taken in compliance with the de- case of notices to appear; cluding for a prosecution or securing the tainer— (8) print any documents the alien subject alien’s presence to appear as a material wit- (i) the officer, employee, or agent shall be may be required to sign, along with addi- ness, or a national security purpose. deemed— tional copies of documents to be served on ‘‘(D) TERMINATION OF PAROLE.—The Sec- (I) to be an employee of the Federal Gov- the alien; and retary of Homeland Security shall determine ernment and an investigative or law enforce- (9) interface with the ENFORCE database when the purpose of parole of an alien has ment officer; and so that all data is collected, stored, and re- been served and, upon such determination— (II) to have been acting within the scope of trievable in real-time. ‘‘(i) the alien’s case shall continue to be his or her employment under section 1346(b) (b) CONSTRUCTION.—The pilot program de- dealt with in the same manner as that of any and chapter 171 of title 28, United States scribed in subsection (a) shall be designed to other applicant for admission to the United Code; replace, to the extent possible, the current States; and (ii) section 1346(b) of title 28, United States paperwork and data-entry process used for ‘‘(ii) if the alien was previously detained, Code, shall provide the exclusive remedy for issuing such charging documents and detain- the alien shall be returned to the custody the plaintiff; and ers. from which the alien was paroled. (iii) the United States shall be substituted (c) DEADLINE.—The Secretary shall initiate ‘‘(E) LIMITATIONS ON USE OF ADVANCE PA- as defendant in the proceeding. the pilot program described in subsection (a) ROLE.— (c) SANCTUARY JURISDICTION DEFINED.— not later than 6 months after the date of the ‘‘(i) ADVANCE PAROLE DEFINED.—In this sub- (1) IN GENERAL.—Except as provided under enactment of this Act. paragraph, the term ‘advance parole’ means subsection (2), for purposes of this section, (d) REPORT.—Not later than 18 months advance approval for an alien applying for the term ‘‘sanctuary jurisdiction’’ means after the date of the enactment of this Act, admission to the United States to request at any State or political subdivision of a State the Comptroller General of the United States a port of entry in the United States, a pre-in- that has in effect a statute, ordinance, pol- shall— spection station, or a designated field office icy, or practice that prohibits or restricts (1) submit a report to the Committee on of the Department of Homeland Security, to any government entity or official from— Homeland Security and Governmental Af- be paroled into the United States under sub- (A) sending, receiving, maintaining, or ex- fairs of the Senate, the Committee on the paragraph (A). changing with any Federal, State, or local Judiciary of the Senate, the Committee on ‘‘(ii) APPROVAL AND REVOCATION OF AD- government entity information regarding Homeland Security of the House of Rep- VANCE PAROLE.—The Secretary of Homeland the citizenship or immigration status (lawful resentatives, the Committee on the Judici- Security may, in the Secretary’s discretion, or unlawful) of any individual; or ary of the House of Representatives on the grant an application for advance parole. Ap- (B) complying with a request lawfully results of the pilot program; and proval of an application for advance parole made by the Department under section 236 or (2) provide recommendations to such com- shall not constitute a grant of parole under 287 of the Immigration and Nationality Act mittees for implementing use of such tech- subparagraph (A). A grant of parole into the (8 U.S.C. 1226, 1357) to comply with a detainer nology nationwide. United States based on an approved applica- for, or notify about the release of, an indi- SEC. 307. ENDING ABUSE OF PAROLE AUTHORITY. tion for advance parole shall not be consid- vidual. Section 212(d)(5) of the Immigration and ered a parole for purposes of qualifying for (2) EXCEPTION.—A State or political sub- Nationality Act (8 U.S.C. 1182(d)(5)) is adjustment of status to lawful permanent division of a State shall not be deemed a amended to read as follows: resident status in the United States under sanctuary jurisdiction based solely on its ‘‘(5) PAROLE AUTHORITY.— section 245 or 245A. having a policy whereby its officials will not ‘‘(A) IN GENERAL.—Except as provided in ‘‘(iii) REVOCATION OF ADVANCE PAROLE.— share information regarding, or comply with subparagraph (C) or section 214(f), the Sec- The Secretary may, in the Secretary’s dis- a request made by the Department under

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section 236 or 287 of the Immigration and Na- ‘‘(1) IN GENERAL.—No funds authorized to Section 212(i)(1) of the Immigration and Na- tionality Act (8 U.S.C. 1226, 1357) to comply be appropriated to carry out this title may tionality Act (8 U.S.C. 1182(i)(1)) is amended with a detainer regarding, an individual who be obligated or expended for any State or by adding at the end the following: ‘‘No comes forward as a victim or a witness to a unit of general local government that is a waiver shall be available under this sub- criminal offense. sanctuary jurisdiction. section if a preponderance of the evidence (d) SANCTUARY JURISDICTIONS INELIGIBLE ‘‘(2) RETURNED AMOUNTS.— shows that the spouse, parent, son, or daugh- FOR CERTAIN FEDERAL FUNDS.— ‘‘(A) STATE.—If a State is a sanctuary ju- ter procured, or sought to procure, any im- (1) ECONOMIC DEVELOPMENT ADMINISTRATION risdiction during the period for which it re- migration status under this title based on GRANTS.— ceives amounts under this title, the Sec- fraud or material misrepresentation by the (A) GRANTS FOR PUBLIC WORKS AND ECO- retary— alien seeking the waiver.’’. (c) RESTRICTION ON WAIVER OF DEPORT- NOMIC DEVELOPMENT.—Section 201(b) of the ‘‘(i) shall direct the State to immediately ABILITY OF FRAUD GROUNDS WHEN QUALIFYING Public Works and Economic Development return to the Secretary any such amounts RELATIVES BENEFITTED FROM FRAUD.—Sec- Act of 1965 (42 U.S.C. 3141(b)) is amended— that the State received for that period; and tion 237(a)(1)(H) of the Immigration and Na- (i) in paragraph (2), by striking ‘‘and’’ at ‘‘(ii) shall reallocate amounts returned tionality Act (8 U.S.C. 1227(a)(1)(H)) is the end; under clause (i) for grants under this title to amended— (ii) in paragraph (3), by striking the period other States that are not sanctuary jurisdic- (1) in clause (i), by redesignating sub- tions. at the end and inserting ‘‘; and’’; and clauses (I) and (II) as items (aa) and (bb); ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- (iii) by adding at the end the following: (2) by redesignating clauses (i) and (ii) as MENT.—If a unit of general local government ‘‘(4) the area in which the project is to be subclauses (I) and (II); is a sanctuary jurisdiction during the period carried out is not a sanctuary jurisdiction (3) by inserting ‘‘(i)’’ before ‘‘The provi- for which it receives amounts under this (as defined in subsection (c) of the Stop Dan- sions’’; and title, any such amounts that the unit of gen- gerous Sanctuary Cities Act).’’. (4) by striking ‘‘A waiver’’ and inserting RANTS FOR PLANNING AND ADMINISTRA- eral local government received for that pe- (B) G the following: TIVE EXPENSES.—Section 203(a) of the Public riod— ‘‘(ii) No waiver shall be available under Works and Economic Development Act of ‘‘(i) in the case of a unit of general local this subparagraph if a preponderance of the 1965 (42 U.S.C. 3143(a)) is amended by adding government that is not in a nonentitlement evidence shows that the spouse, parent, son, at the end the following: ‘‘A sanctuary juris- area, shall be returned to the Secretary for or daughter procured, or sought to procure, diction (as defined in subsection (c) of the grants under this title to States and other any immigration status under this title Stop Dangerous Sanctuary Cities Act) may units of general local government that are based on fraud or material misrepresentation not be deemed an eligible recipient under not sanctuary jurisdictions; and by the alien seeking the waiver. A waiver’’. ‘‘(ii) in the case of a unit of general local this subsection.’’. (e) RESTRICTION ON CANCELLATION OF RE- government that is in a nonentitlement (C) SUPPLEMENTARY GRANTS.—Section MOVAL WHEN QUALIFYING RELATIVES BENE- area, shall be returned to the Governor of 205(a) of the Public Works and Economic De- FITTED FROM FRAUD.—Section 240A(b)(1) of velopment Act of 1965 (42 U.S.C. 3145(a)) is the State for grants under this title to other the Immigration and Nationality Act (8 amended— units of general local government in the U.S.C. 1229b(b)(1)) is amended— (i) in paragraph (2), by striking ‘‘and’’ at State that are not sanctuary jurisdictions. (1) in paragraph (1), by redesignating sub- the end; ‘‘(C) REALLOCATION RULES.—In reallocating paragraphs (A) through (D) as clauses (i) (ii) in paragraph (3)(B), by striking the pe- amounts under subparagraphs (A) and (B), through (iv), respectively; riod at the end and inserting ‘‘; and’’; and the Secretary— (2) by inserting ‘‘(A)’’ before ‘‘The Attor- (iii) by adding at the end the following: ‘‘(i) shall apply the relevant allocation for- ney General’’; and ‘‘(4) will be carried out in an area that does mula under subsection (b), with all sanc- (3) by adding at the end the following: not contain a sanctuary jurisdiction (as de- tuary jurisdictions excluded; and ‘‘(B) No cancellation shall be available fined in subsection (c) of the Stop Dangerous ‘‘(ii) shall not be subject to the rules for re- under this paragraph if a preponderance of Sanctuary Cities Act).’’. allocation under subsection (c).’’. the evidence shows that the spouse, parent, (D) GRANTS FOR TRAINING, RESEARCH, AND SEC. 309. REINSTATEMENT OF THE SECURE COM- son, or daughter procured, or sought to pro- TECHNICAL ASSISTANCE.—Section 207 of the MUNITIES PROGRAM. cure, any immigration status under this title Public Works and Economic Development (a) REINSTATEMENT.—The Secretary shall based on fraud or material misrepresentation Act of 1965 (42 U.S.C. 3147) is amended by add- reinstate and operate the Secure Commu- by the alien seeking the waiver.’’. ing at the end the following: nities program immigration enforcement (e) APPLICABILITY.—The amendments made ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC- program administered by U.S. Immigration by this section shall apply to all applications TIONS.—Grant funds under this section may and Customs Enforcement between 2008 and for waivers or cancellation of removal sub- not be used to provide assistance to a sanc- 2014. mitted before, on, or after the date of enact- tuary jurisdiction (as defined in subsection (b) AUTHORIZATION OF APPROPRIATIONS.— ment of this Act. (c) of the Stop Dangerous Sanctuary Cities There is authorized to be appropriated $150,000,000 to carry out this section. Subtitle B—Protecting Children and Act).’’. America’s Homeland Act of 2017 SEC. 310. PREVENTION AND DETERRENCE OF (2) COMMUNITY DEVELOPMENT BLOCK FRAUD IN OBTAINING RELIEF FROM SEC. 320. SHORT TITLE. GRANTS.— REMOVAL. This subtitle may be cited as the ‘‘Pro- EFINITIONS (A) D .—Section 102(a) of the (a) RESTRICTION ON WAIVER OF INADMIS- tecting Children and America’s Homeland Housing and Community Development Act of SIBILITY OF CRIMINAL GROUNDS WHEN QUALI- Act of 2017’’. 1974 (42 U.S.C. 5302(a)) is amended by adding FYING RELATIVES BENEFITTED FROM FRAUD.— SEC. 321. REPATRIATION OF UNACCOMPANIED at the end the following: Section 212(h) of the Immigration and Na- ALIEN CHILDREN. ‘‘(25) The term ‘sanctuary jurisdiction’ has tionality Act (8 U.S.C. 1182(h)) is amended— Section 235(a) of the William Wilberforce the meaning given that term in subsection (1) in paragraph (1)— Trafficking Victims Protection Reauthoriza- (c) of the Stop Dangerous Sanctuary Cities (A) in subparagraph (A), by redesignating tion Act of 2008 (8 U.S.C. 1232(a)) is amend- Act.’’. clauses (i), (ii), and (iii) as subclauses (I), ed— (B) ELIGIBLE GRANTEES.— (II), and (III); and (1) in paragraph (2)— (i) IN GENERAL.—Section 104(b) of the Hous- (B) by redesignating subparagraphs (A), (A) by striking the paragraph heading and ing and Community Development Act of 1974 (B), and (C) as clauses (i), (ii), and (iii); inserting ‘‘RULES FOR UNACCOMPANIED ALIEN (42 U.S.C. 5304(b)) is amended— (2) by redesignating paragraphs (1) and (2) CHILDREN.—’’; (I) in paragraph (5), by striking ‘‘and’’ at as subparagraphs (A) and (B); (B) in subparagraph (A), in the matter pre- the end; (3) by striking ‘‘The Attorney General ceding clause (i), by striking ‘‘who is a na- (II) by redesignating paragraph (6) as para- may, in his discretion’’ and inserting ‘‘(1) tional or habitual resident of a country that graph (7); and The Secretary of Homeland Security may, in is contiguous with the United States shall be (III) by inserting after paragraph (5) the the Secretary’s discretion’’; and treated in accordance with subparagraph following: (4) in the undesignated matter following (B)’’ and inserting ‘‘shall be treated in ac- ‘‘(6) the grantee is not a sanctuary juris- paragraph (1)(B), as redesignated, by striking cordance with subparagraph (B) of this para- diction and will not become a sanctuary ju- ‘‘No waiver’’ and inserting the following: graph or subsection (b), as appropriate’’; and risdiction during the period for which the ‘‘(2) No waiver shall be available under this (C) in subparagraph (C)— grantee receives a grant under this title; subsection if a preponderance of the evidence (i) by striking the subparagraph heading and’’. shows that the spouse, parent, son, or daugh- and inserting ‘‘AGREEMENTS WITH FOREIGN (ii) PROTECTION OF INDIVIDUALS AGAINST ter procured, or sought to procure, any im- COUNTRIES.—’’; and CRIME.—Section 104 of the Housing and Com- migration status under this title based on (ii) in the matter preceding clause (i), by munity Development Act of 1974 (42 U.S.C. fraud or material misrepresentation by the striking ‘‘countries contiguous to the United 5304) is amended by adding at the end the fol- alien seeking the waiver. No waiver’’. States’’ and inserting ‘‘Canada, El Salvador, lowing: (b) RESTRICTION ON WAIVER OF INADMIS- Guatemala, Honduras, Mexico, and any other ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST SIBILITY OF FRAUD GROUNDS WHEN QUALI- foreign country that the Secretary deter- CRIME.— FYING RELATIVES BENEFITTED FROM FRAUD.— mines appropriate’’;

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(2) by redesignating paragraphs (3), (4), and ‘‘(I) has entered the United States more ‘‘(b) PROCEEDING.— (5) as paragraphs (4), (5), and (6), respec- than 1 time in violation of section 275(a) of ‘‘(1) IN GENERAL.—Not later than 7 days tively; the Immigration and Nationality Act (8 after the screening of an unaccompanied (3) inserting after paragraph (2) the fol- U.S.C. 1325(a)), knowing that the entry was alien child under section 235(a)(5) of the Wil- lowing: unlawful. liam Wilberforce Trafficking Victims Pro- ‘‘(3) MANDATORY EXPEDITED REMOVAL OF ‘‘(J) has entered the United States more tection Reauthorization Act of 2008 (8 U.S.C. CRIMINALS AND GANG MEMBERS.—Notwith- than 1 time in violation of section 275(a) of 1232(a)(5)), an immigration judge shall— standing any other provision of law, includ- the Immigration and Nationality Act (8 ‘‘(A) conduct and conclude a proceeding to ing section 235(a) of the William Wilberforce U.S.C. 1325(a)), knowing that the entry was inspect, screen, and determine the status of Trafficking Protection Reauthorization Act unlawful.’’; the unaccompanied alien child who is an ap- of 2008 (8 U.S.C. 1232(a)), the Secretary of (4) in paragraph (4), as redesignated— plicant for admission to the United States; Homeland Security shall place an unaccom- (A) by striking ‘‘not described in paragraph and panied alien child in a proceeding in accord- (2)(A)’’; and ‘‘(B) in the case of an unaccompanied alien ance with section 235 of the Immigration and (B) by inserting ‘‘who choose not to with- child seeking asylum, conduct fact finding to Nationality Act (8 U.S.C. 1225) if, the Sec- draw their application for admission and re- determine whether the unaccompanied alien retary determines or has reason to believe turn to their country of nationality or coun- child meets the definition of an unaccom- the alien— try of last habitual residence’’ after ‘‘port of panied alien child under section 235(g) of the ‘‘(A) has been convicted of, or found to be entry’’; William Wilberforce Trafficking Victims (5) in paragraph (6)(D), as redesignated— a juvenile offender based on, any offense car- Protection Reauthorization Act of 2008 (8 (A) by striking the subparagraph heading rying a maximum term of imprisonment of U.S.C. 1232(g)). and inserting ‘‘EXPEDITED DUE PROCESS AND more than 180 days; ‘‘(2) TIME LIMIT.—Not later than 72 hours SCREENING FOR UNACCOMPANIED ALIEN CHIL- ‘‘(B) has been convicted of, or found to be after the conclusion of a proceeding with re- DREN.—’’; a juvenile offender based on, an offense spect to an unaccompanied alien child under (B) in the matter preceding clause (i), by which involved— this section, the immigration judge who con- striking ‘‘, except for an unaccompanied ‘‘(i) the use or attempted use of physical ducted such proceeding shall issue an order alien child from a contiguous country sub- force, or threatened use of a deadly weapon; pursuant to subsection (e). ject to the exceptions under subsection ‘‘(ii) the purchase, sell, offering for sale, (a)(2), shall be—’’ and inserting ‘‘who meets ‘‘(c) CONDUCT OF PROCEEDING.— exchange, use, owning, possession, or car- the criteria listed in paragraph (2)(A) and ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— rying, or of attempting or conspiring to pur- who chooses not to withdraw his or her ap- The immigration judge conducting a pro- chase, sell, offer for sale, exchange, use, own, plication for admission and return to the un- ceeding under this section— possess, or carry, any weapon, part, or acces- accompanied alien child’s country of nation- ‘‘(A) shall administer oaths, receive evi- sory which is a firearm or destructive device ality or country of last habitual residence as dence, and interrogate, examine, and cross- (as defined in section 921(a) of title 18, United permitted under section 235B(c)(5) of the Im- examine the unaccompanied alien child and States Code) in violation of any law; migration and Nationality Act (8 U.S.C. any witnesses; ‘‘(iii) child abuse and neglect (as defined in 1225b(c)(5))—’’; ‘‘(B) is authorized to sanction by civil section 40002(a)(3) of the Violence Against (C) by striking clause (i) and inserting the Women Act of 1994 (42 U.S.C. 13925(a)(3)); money penalty any action (or inaction) in following: ‘‘(iv) assault resulting in bodily injury (as contempt of the judge’s proper exercise of ‘‘(i) shall be placed in a proceeding in ac- defined in section 2266 of title 18, United authority under this Act; and cordance with section 235B of the Immigra- States Code); ‘‘(C) shall determine whether the unaccom- tion and Nationality Act (8 U.S.C. 1225b), ‘‘(v) the violation of a protection order (as panied alien child meets any of the criteria which shall commence not later than 7 days defined in section 2266 of title 18, United set out in subparagraphs (A) through (I) of after the screening of an unaccompanied States Code); paragraph (3) of section 235(a) of the William alien child described in paragraph (5);’’; ‘‘(vi) driving while intoxicated or driving Wilberforce Trafficking Victims Protection (D) by redesignating clauses (ii) and (iii) as under the influence (as those terms are de- Reauthorization Act of 2008 (8 U.S.C. 1232(a)), clauses (iii) and (iv), respectively; fined in section 164 of title 23, United States and if so, order the alien removed under sub- (E) by inserting after clause (i) the fol- Code); or section (e)(2) of this section. lowing: ‘‘(vii) any offense under foreign law, except ‘‘(2) FORM OF PROCEEDING.—A proceeding ‘‘(ii) may not be placed in the custody of a for a purely political offense, which, if the under this section may take place— nongovernmental sponsor or otherwise re- offense had been committed in the United ‘‘(A) in person; leased from the immediate custody of the States, would render the alien inadmissible ‘‘(B) at a location agreed to by the parties, United States Government until the child is under section 212(a) of the Immigration and in the absence of the unaccompanied alien repatriated unless the child— Nationality Act (8 U.S.C. 1182(a)); child; ‘‘(I) is the subject of an order under section ‘‘(C) has been convicted of, or found to be ‘‘(C) through video conference; or 235B(e)(1) of the Immigration and Nation- a juvenile offender based on, more than 1 ‘‘(D) through telephone conference. ality Act (8 U.S.C. 1225b(e)(1)); and criminal offense (other than minor traffic of- ‘‘(3) PRESENCE OF ALIEN.—If it is impracti- ‘‘(II) is placed or released in accordance fenses); cable by reason of the mental incompetency with subsection (c)(2)(C) of this section.’’; ‘‘(D) has been convicted of, or found to be of the unaccompanied alien child for the (F) in clause (iii), as redesignated, by in- a juvenile offender based on a crime of vio- alien to be present at the proceeding, the At- serting ‘‘is’’ before ‘‘eligible’’; and lence or an offense under Federal, State, or torney General shall prescribe safeguards to (G) in clause (iv), as redesignated, by in- Tribal law, that has, as an element, the use protect the rights and privileges of the alien. serting ‘‘shall be’’ before ‘‘provided’’. or attempted use of physical force or the ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding threatened use of physical force or a deadly SEC. 322. EXPEDITED DUE PROCESS AND under this section— SCREENING FOR UNACCOMPANIED ‘‘(A) the unaccompanied alien child shall weapon; ALIEN CHILDREN. be provided access to counsel in accordance ‘‘(E) has engaged in, is engaged in, or is (a) HUMANE AND EXPEDITED INSPECTION AND likely to engage after entry, in any terrorist SCREENING FOR UNACCOMPANIED ALIEN CHIL- with section 235(c)(5) of the William Wilber- activity (as defined in section 212(a)(3)(B)(iii) DREN.— force Trafficking Victims Protection Reau- of the Immigration and Nationality Act (8 (1) IN GENERAL.—Chapter 4 of title II of the thorization Act of 2008 (8 U.S.C. 1232(c)(5)); U.S.C. 1182(a)(3)(B)(iii)), or intends to par- Immigration and Nationality Act (8 U.S.C. ‘‘(B) the alien shall be given a reasonable ticipate or has participated in the activities 1221 et seq.) is amended by inserting after opportunity— of a foreign terrorist organization (as des- section 235A the following: ‘‘(i) to examine the evidence against the ignated under section 219 of the Immigration ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPEC- alien; and Nationality Act (8 U.S.C. 1189)); TION AND SCREENING FOR UNAC- ‘‘(ii) to present evidence on the alien’s own ‘‘(F) has engaged in, is engaged in, or any COMPANIED ALIEN CHILDREN. behalf; and time after a prior admission engages in ac- ‘‘(a) ASYLUM OFFICER DEFINED.—In this ‘‘(iii) to cross-examine witnesses presented tivity described in section 237(a)(4) of the Im- section, the term ‘asylum officer’ means an by the Government; migration and Nationality Act (8 U.S.C. immigration officer who— ‘‘(C) the rights set forth in subparagraph 1227(a)(4)); ‘‘(1) has had professional training in coun- (B) shall not entitle the alien— ‘‘(G) is or was a member of a criminal gang try conditions, asylum law, and interview ‘‘(i) to examine such national security in- (as defined in paragraph (53) of section 101(a) techniques comparable to that provided to formation as the Government may proffer in of the Immigration and Nationality Act (8 full-time adjudicators of applications under opposition to the alien’s admission to the U.S.C. 1101(a)(53)); section 208; and United States; or ‘‘(H) provided materially false, fictitious, ‘‘(2) is supervised by an officer who— ‘‘(ii) to an application by the alien for dis- or fraudulent information regarding age or ‘‘(A) meets the condition described in para- cretionary relief under this Act; and identity to the United States Government graph (1); and ‘‘(D) a complete record shall be kept of all with the intent to be inaccurately classified ‘‘(B) has had substantial experience adjudi- testimony and evidence produced at the pro- as an unaccompanied alien child; or cating applications under section 208. ceeding.

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‘‘(5) WITHDRAWAL OF APPLICATION FOR AD- support of the alien’s claim and such other the prompt review of an order under sub- MISSION.—An unaccompanied alien child ap- facts as are known to the asylum officer, section (e)(2) against an alien who claims plying for admission to the United States there is a significant possibility that the under oath, or as permitted under penalty of may, and at any time prior to the issuance of alien could establish eligibility for asylum perjury under section 1746 of title 28, United a final order of removal, be permitted to under section 208 or for protection from re- States Code, after having been warned of the withdraw the application and immediately moval based on Article 3 of the Convention penalties for falsely making such claim be returned to the alien’s country of nation- Against Torture and Other Cruel, Inhuman under such conditions to have been— ality or country of last habitual residence. or Degrading Treatment or Punishment. ‘‘(A) lawfully admitted for permanent resi- ‘‘(6) CONSEQUENCES OF FAILURE TO AP- ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy- dence; PEAR.—An unaccompanied alien child who lum officer shall conduct the interviews of ‘‘(B) admitted as a refugee under section does not attend a proceeding under this sec- an unaccompanied alien child referred under 207; or tion, shall be ordered removed, except under subsection (e)(3). ‘‘(C) granted asylum under section 208.’’. exceptional circumstances where the alien’s ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the (2) CLERICAL AMENDMENT.—The table of absence is the fault of the Government, a asylum officer determines at the time of the contents in the first section of the Immigra- medical emergency, or an act of nature. interview that an unaccompanied alien child tion and Nationality Act is amended by in- ‘‘(d) DECISION AND BURDEN OF PROOF.— has a credible fear of persecution or torture, serting after the item relating to section ‘‘(1) DECISION.— the alien shall be held in the custody of the 235A the following: ‘‘(A) IN GENERAL.—At the conclusion of a Secretary for Health and Human Services ‘‘Sec. 235B. Humane and expedited inspec- proceeding under this section, the immigra- pursuant to section 235(b) of the William Wil- tion and screening for unac- tion judge, notwithstanding section 235(b), berforce Trafficking Victims Protection Re- companied alien children.’’. shall determine whether an unaccompanied authorization Act of 2008 (8 U.S.C. 1232(b)) (b) JUDICIAL REVIEW OF ORDERS OF RE- alien child is likely to be— during further consideration of the applica- MOVAL.—Section 242 of the Immigration and ‘‘(i) admissible to the United States; or tion for asylum. Nationality Act (8 U.S.C. 1252) is amended— ‘‘(ii) eligible for any form of relief from re- EMOVAL WITHOUT FURTHER REVIEW IF ‘‘(4) R (1) in subsection (a)— moval under this Act. NO CREDIBLE FEAR OF PERSECUTION OR TOR- (A) in paragraph (1), by striking ‘‘section ‘‘(B) EVIDENCE.—The determination of the TURE.— 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or immigration judge under subparagraph (A) ‘‘(A) IN GENERAL.—Subject to subparagraph an order of removal issued to an unaccom- shall be based only on the evidence produced (C), if the asylum officer determines that an panied alien child after proceedings under at the hearing. unaccompanied alien child does not have a section 235B)’’; and ‘‘(2) BURDEN OF PROOF.— credible fear of persecution or torture, the (B) in paragraph (2)— ‘‘(A) IN GENERAL.—In a proceeding under Secretary shall order the alien removed from (i) by inserting ‘‘or section 235B’’ after this section, an unaccompanied alien child the United States without further hearing or ‘‘section 235(b)(1)’’ each place that term ap- who is an applicant for admission has the review. pears; and burden of establishing, by clear and con- ‘‘(B) RECORD OF DETERMINATION.—The asy- vincing evidence, that the alien— lum officer shall prepare a written record of (ii) in subparagraph (A)— ‘‘(i) is likely to be entitled to be lawfully a determination under subparagraph (A), (I) in the subparagraph heading, by strik- admitted to the United States or eligible for which shall include— ing ‘‘235(b)(1).—’’ and inserting ‘‘235(b)(1) AND any form of relief from removal under this ‘‘(i) a summary of the material facts as 235B.—’’; and Act; or stated by the alien; (II) in clause (iii), by striking ‘‘section ‘‘(ii) is lawfully present in the United ‘‘(ii) such additional facts (if any) relied 235(b)(1)(B),’’ and inserting ‘‘section States pursuant to a prior admission. upon by the asylum officer; 235(b)(1)(B) or 235B(f);’’; and ‘‘(B) ACCESS TO DOCUMENTS.—In meeting ‘‘(iii) the asylum officer’s analysis of why, (2) in subsection (e)— the burden of proof under subparagraph in light of such facts, the alien has not es- (A) in the subsection heading, striking (A)(ii), the alien shall be given access to— tablished a credible fear of persecution; and ‘‘235(b)(1).—’’ and inserting ‘‘235(b)(1) OR ‘‘(i) the alien’s visa or other entry docu- ‘‘(iv) a copy of the asylum officer’s inter- 235B.—’’; ment, if any; and view notes. (B) by inserting ‘‘or section 235B’’ after ‘‘(ii) any other records and documents, not ‘‘(C) REVIEW OF DETERMINATION.— ‘‘section 235(b)(1)’’ each place that term ap- considered by the Attorney General to be ‘‘(i) RULEMAKING.—The Attorney General pears; confidential, pertaining to the alien’s admis- shall establish, by regulation, a process by (C) in subparagraph (2)(C), by inserting ‘‘or sion or presence in the United States. which an immigration judge will conduct a section 235B(g)’’ after ‘‘section 235(b)(1)(C)’’; ‘‘(e) ORDERS.— prompt review, upon the alien’s request, of a and ‘‘(1) PLACEMENT IN FURTHER PROCEEDINGS.— determination under subparagraph (A) that (D) in subparagraph (3)(A), by inserting ‘‘or If an immigration judge determines that the the alien does not have a credible fear of per- section 235B’’ after ‘‘section 235(b)’’. unaccompanied alien child has met the bur- secution. SEC. 323. CHILD WELFARE AND LAW ENFORCE- den of proof under subsection (d)(2), the im- ‘‘(ii) MANDATORY COMPONENTS.—The review MENT INFORMATION SHARING. migration judge shall— described in clause (i)— Section 235(b) of the William Wilberforce ‘‘(A) order the alien to be placed in further ‘‘(I) shall include an opportunity for the Trafficking Victims Protection Reauthoriza- proceedings in accordance with section 240; alien to be heard and questioned by the im- tion Act of 2008 (8 U.S.C. 1232(b)) is amended and migration judge, either in person or by tele- by adding at the end the following: ‘‘(B) order the Secretary of Homeland Se- phonic or video connection; and ‘‘(5) INFORMATION SHARING.— curity to place the alien on the U.S. Immi- ‘‘(II) shall be concluded as expeditiously as ‘‘(A) IMMIGRATION STATUS.—If the Sec- gration and Customs Enforcement detained possible, to the maximum extent practicable retary of Health and Human Services con- docket for purposes of carrying out such pro- within 24 hours, but in no case later than 7 siders placement of an unaccompanied alien ceedings. days after the date of the determination child with a potential sponsor, the Secretary ‘‘(2) ORDERS OF REMOVAL.—If an immigra- under subparagraph (A). of Homeland Security shall provide to the tion judge determines that the unaccom- ‘‘(D) MANDATORY PROTECTIVE CUSTODY.— Secretary of Health and Human Services the panied alien child has not met the burden of Any alien subject to the procedures under immigration status of such potential sponsor proof required under subsection (d)(2), the this paragraph shall be held in the custody of prior to the placement of the unaccompanied judge shall order the alien removed from the the Secretary of Health and Human Services alien child. United States without further hearing or re- pursuant to section 235(b) of the William Wil- ‘‘(B) OTHER INFORMATION.—The Secretary view unless the alien claims— berforce Trafficking Victims Protection Re- of Health and Human Services shall provide ‘‘(A) an intention to apply for asylum authorization Act of 2008 (8 U.S.C. 1232(b))— to the Secretary of Homeland Security and under section 208; ‘‘(i) pending a final determination of an ap- the Attorney General upon request any rel- ‘‘(B) a fear of persecution; or plication for asylum under this subsection; evant information related to an unaccom- ‘‘(C) a fear of torture. and panied alien child who is or has been in the ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom- ‘‘(ii) after a determination under this sub- custody of the Secretary of Health and panied alien child described in paragraph (2) section that the alien does not have a cred- Human Services, including the location of claims an intention to apply for asylum ible fear of persecution or torture, until the the child and any person to whom custody of under section 208 or a fear of persecution, or alien is removed. the child has been transferred, for any legiti- fear of torture, the immigration judge shall ‘‘(g) LIMITATION ON ADMINISTRATIVE RE- mate law enforcement objective, including order the alien referred for an interview by VIEW.— enforcement of the immigration laws.’’. an asylum officer under subsection (f). ‘‘(1) IN GENERAL.—Except as provided in SEC. 324. ACCOUNTABILITY FOR CHILDREN AND ‘‘(f) ASYLUM INTERVIEWS.— subsection (f)(4)(C) and paragraph (2), a re- TAXPAYERS. ‘‘(1) CREDIBLE FEAR OF PERSECUTION DE- moval order entered in accordance with sub- Section 235(b) of the William Wilberforce FINED.—In this subsection, the term ‘credible section (e)(2) or (f)(4)(A) is not subject to ad- Trafficking Victims Protection Reauthoriza- fear of persecution’ means, after taking into ministrative appeal. tion Act of 2008 (8 U.S.C. 1232(b)), as amended account the credibility of the statements ‘‘(2) RULEMAKING.—The Attorney General by section 323, is further amended by insert- made by an unaccompanied alien child in shall establish, by regulation, a process for ing at the end the following:

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‘‘(6) INSPECTION OF FACILITIES.—The Inspec- ments set out in subclauses (II), (III), and ‘‘(B) HOME STUDIES.— tor General of the Department of Health and (IV) of clause (i). ‘‘(i) IN GENERAL.—Before placing the child Human Services shall conduct regular in- ‘‘(iii) MONITORING.— with an individual, the Secretary of Health spections of facilities utilized by the Sec- ‘‘(I) IN GENERAL.—In the case of an alien and Human Services shall first determine retary of Health and Human Services to pro- child who is 17 years of age or younger and whether a home study is necessary. vide care and custody of unaccompanied is placed with a nongovernmental sponsor ‘‘(ii) REQUIRED HOME STUDIES.—A home alien children who are in the immediate cus- under subparagraph (2)(C), such nongovern- study shall be conducted for a child— tody of the Secretary to ensure that such fa- mental sponsor shall— ‘‘(I) who is a victim of a severe form of cilities are operated in the most efficient ‘‘(aa) enroll in the alternative to detention trafficking in persons, a special needs child program of U.S. Immigration and Customs manner practicable. with a disability (as defined in section 12102 Enforcement; and ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec- of title 42); ‘‘(bb) continuously wear an electronic retary of Health and Human Services shall ‘‘(II) who has been a victim of physical or ensure that facilities utilized to provide care monitoring device while the alien child is in sexual abuse under circumstances that indi- and custody of unaccompanied alien children removal proceedings. cate that the child’s health or welfare has are operated efficiently and at a rate of cost ‘‘(II) PENALTY FOR MONITOR TAMPERING.—If been significantly harmed or threatened; or that is not greater than $500 per day for each an electronic monitoring device required by child housed or detained at such facility, un- subclause (I) is tampered with, the sponsor of ‘‘(III) whose proposed sponsor clearly pre- less the Secretary certifies that compliance the alien child shall be subject to a civil pen- sents a risk of abuse, maltreatment, exploi- with this requirement is temporarily impos- alty of $150 for each day the monitor is not tation, or trafficking to the child based on sible due to emergency circumstances.’’. functioning due to the tampering, up to a all available objective evidence. maximum of $3,000. ‘‘(C) FOLLOW-UP SERVICES AND ADDITIONAL SEC. 325. CUSTODY OF UNACCOMPANIED ALIEN ‘‘(iv) EFFECT OF VIOLATION OF CONDITIONS.— HOME STUDIES.— CHILDREN IN FORMAL REMOVAL PROCEEDING. The Secretary of Health and Human Services ‘‘(i) PENDENCY OF REMOVAL PROCEEDINGS.— shall remove an unaccompanied alien child Every six months, the Secretary of Health (a) CUSTODY OF UNACCOMPANIED ALIEN from a sponsor if the sponsor violates the and Human Services shall conduct follow-up CHILDREN.—Section 235(c) of the William terms of the agreement specifying the condi- Wilberforce Trafficking Victims Protection services for children for whom a home study tions under which the alien was placed with was conducted and who were placed with a Reauthorization Act of 2008 (8 U.S.C. 1232(c)) the sponsor. is amended— nongovernmental sponsor until initial re- ‘‘(v) FAILURE TO APPEAR.— (1) in paragraph (2), by adding at the end moval proceedings have been completed and ‘‘(I) CIVIL PENALTY.—If an unaccompanied the immigration judge has issued an order of the following: alien child is placed with a sponsor and fails removal, granted voluntary departure under ‘‘(C) CHILDREN IN FORMAL REMOVAL PRO- to appear in a mandatory court appearance, section 240B, or granted the alien relief from CEEDINGS.— the sponsor shall be subject to a civil pen- ‘‘(i) LIMITATION ON PLACEMENT.—Notwith- alty of $250 for each day until the alien ap- removal. standing any settlement or consent decree pears in court, up to a maximum of $5,000. ‘‘(ii) CHILDREN WITH MENTAL HEALTH OR previously issued before date of enactment of ‘‘(II) BURDEN OF PROOF.—The sponsor is not OTHER NEEDS.—Every six months, for up to the Building America’s Trust Act and sec- subject to the penalty imposed under sub- two years from the date of placement with a tion 236.3 of title 8, Code of Federal Regula- clause (I) if the sponsor— nongovernmental sponsor, he Secretary of tions, or similar successor regulation, an un- ‘‘(aa) appears in person and proves to the Health and Human Services shall conduct accompanied alien child who has been placed immigration court that the failure to appear follow-up services for children with mental in a proceeding under section 240 of the Im- by the unaccompanied alien child was not health needs or other needs that could ben- migration and Nationality Act (8 U.S.C. the fault of the sponsor; and efit from ongoing assistance from a social 1229a) may not be placed in the custody of a ‘‘(bb) supplies the immigration court with welfare agency. nongovernmental sponsor or otherwise re- documentary evidence that supports the as- ‘‘(iii) CHILDREN AT RISK.—Every six leased from the immediate custody of the sertion described in item (aa). months, for up to two years from the date of United States Government unless— ‘‘(vi) PROHIBITION ON PLACEMENT WITH SEX placement with a nongovernmental sponsor, ‘‘(I) the nongovernmental sponsor is a bio- OFFENDERS AND HUMAN TRAFFICKERS.—The the Secretary of Health and Human Services logical or adoptive parent or legal guardian Secretary of Health and Human Services shall conduct home studies and follow-up of the alien child; may not place an unaccompanied alien child services, including partnering with local ‘‘(II) the parent or legal guardian is legally under this subparagraph in the custody of an community programs that focus on early am present in the United States at the time of individual who has been convicted of, or the and after-school programs for at risk chil- the placement; Secretary has reason to believe was other- dren who need a secure environment to en- ‘‘(III) the parent or legal guardian has un- wise involved in the commission of— dergone a mandatory biometric criminal his- gage in studying, training, and skills-build- ‘‘(I) a sex offense (as defined in section 111 ing programs and who are at risk for recruit- tory check; of the Sex Offender Registration and Notifi- ‘‘(IV) if the nongovernmental sponsor is ment by criminal gangs or other cation Act (42 U.S.C. 16911)); transnational criminal organizations in the the biological parent, the parent’s relation- ‘‘(II) a crime involving severe forms of United States.’’. ship to the alien child has been verified trafficking in persons (as defined in section through DNA testing conducted by the Sec- 103 of the Trafficking Victims Protection (c) CLARIFICATION OF SPECIAL IMMIGRANT retary of Health and Human Services; Act of 2000 (22 U.S.C. 7102)); or JUVENILE DEFINITION.—Section 101(a)(27)(J) ‘‘(V) if the nongovernmental sponsor is the ‘‘(III) an offense under Federal, State, or of the Immigration and Nationality Act (8 adoptive parent, the parent’s relationship to Tribal law, that has, as an element, the use U.S.C. 1101(a)(27)(J)) is amended— the alien child has been verified with the ju- or attempted use of physical force or the (1) by amending subparagraph (i) to read as dicial court that issued the final legal adop- threatened use of physical force or a deadly follows: tion decree by the Secretary of Health and weapon. ‘‘(i) who, before reaching 18 years of age, Human Services; and ‘‘(vii) REQUIREMENTS OF CRIMINAL BACK- was declared dependent on a juvenile court ‘‘(VI) the Secretary of Health and Human GROUND CHECK.—A biometric criminal his- located in the United States or whom such a Services has determined that the alien child tory check required by clause (i)(III) shall be court has legally committed to, or placed is not a danger to self, danger to the commu- conducted using a set of fingerprints or other under the custody of, an agency or depart- nity, or risk of flight. biometric identifier through— ment of a State, or an individual or entity ‘‘(ii) EXCEPTIONS.—If the Secretary of ‘‘(I) the Federal Bureau of Investigation; appointed by a State or juvenile court lo- Health and Human Services determines that ‘‘(II) criminal history repositories of all an unaccompanied alien child is a victim of cated in the United States, and whose reuni- States that the individual lists as current or fication with either parent of the immigrant severe forms of trafficking in persons (as de- former residences; and is not viable due to abuse, neglect, abandon- fined in section 103 of the Trafficking Vic- ‘‘(III) any other State or Federal database ment, or a similar basis found under State tims Protection Act of 2000 (22 U.S.C. 7102)), or repository that the Secretary of Health law;’’; a special needs child with a disability (as de- and Human Services determines is appro- (2) in subparagraph (ii), by striking ‘‘and’’ fined in section 3 of the Americans with Dis- priate.’’. abilities Act of 1990 (42 U.S.C. 12102)), a child (b) HOME STUDIES AND FOLLOW-UP SERVICES at the end; who has been a victim of physical or sexual FOR UNACCOMPANIED ALIEN CHILDREN.—Sec- (3) in subparagraph (iii)(II), by inserting abuse under circumstances that indicate tion 235(c) of the William Wilberforce Traf- ‘‘and’’ at the end; and that the child’s health or welfare has been ficking Victims Protection Reauthorization (4) by adding at the end the following: significantly harmed or threatened, or a Act of 2008 (8 U.S.C. 1232(c)) is amended in ‘‘(iv) in whose case the Secretary of Home- child with mental health needs that require paragraph (3) by— land Security has made the determination ongoing assistance from a social welfare (1) redesignating subparagraph (C) as (D); that the alien is an unaccompanied alien agency, the alien child may be placed with a and child (as defined in section 462(g) of the grandparent or adult sibling if the grand- (2) by amending subparagraph (B) to read Homeland Security Act of 2002 (6 U.S.C. parent or adult sibling meets the require- as follows: 279(g))).’’.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4855 SEC. 326. FRAUD IN CONNECTION WITH THE ‘‘(B) the age of such aliens. (6) a determination of whether more than 1 TRANSFER OF CUSTODY OF UNAC- ‘‘(k) NOTIFICATION OF FOREIGN COUNTRY.— unaccompanied alien child has been released COMPANIED ALIEN CHILDREN. The Secretary of Homeland Security shall to the same sponsor, including the number of (a) IN GENERAL.—Chapter 47 of title 18, provide information regarding each unac- children who were released to such sponsor; United States Code, is amended by adding at companied alien child to the government of (7) an assessment of the extent to which the end the following: the country of which the child is a national the Secretary of Health and Human Services ‘‘§ 1041. Fraud in connection with the transfer to assist such government with the identi- is monitoring the release of unaccompanied of custody of unaccompanied alien children fication and reunification of such child with alien children, including home studies done ‘‘(a) IN GENERAL.—It shall be unlawful for their parent or other qualifying relative. and electronic monitoring devices used; ONITORING REQUIREMENT.—The Sec- a person to obtain custody of an unaccom- ‘‘(l) M (8) an assessment of the extent to which retary of Health and Human Services shall— panied alien child (as defined in section the Secretary of Health and Human Services ‘‘(1) require all sponsors to agree— 462(g) of the Homeland Security Act of 2002 (6 is making efforts— ‘‘(A) to receive approval from the Sec- U.S.C. 279(g)))— (A) to educate unaccompanied alien chil- retary of Health and Human Services prior ‘‘(1) by making any materially false, ficti- dren about their legal rights; and to changing the location in which the spon- tious, or fraudulent statement or representa- (B) to provide unaccompanied alien chil- sor is housing an unaccompanied alien child tion; or dren with access to pro bono counsel; and placed in the sponsor’s custody; and ‘‘(2) by making or using any false writing (9) the extent of the public health issues of ‘‘(B) to provide a current address for the or document knowing the same to contain unaccompanied alien children, including child and the reason for the change of ad- any materially false, fictitious, or fraudu- contagious diseases, the benefits or medical dress; lent statement or entry. services provided, and the outreach to States ‘‘(2) provide regular and frequent moni- ‘‘(b) PENALTIES.— and localities about public health issues, toring of the physical and emotional well- ‘‘(1) IN GENERAL.—Any person who violates, that could affect the public. or attempts or conspires to violate, this sec- being of each unaccompanied alien child who (b) REPORTS ON REPATRIATION AGREE- tion shall be fined under this title and im- has been discharged to a sponsor or remained MENTS.—Not later than September 30, 2018, prisoned for not less than 1 year. in the legal custody of the Secretary until the Secretary of State shall submit to Con- the child’s immigration case is resolved; and gress and make publically available a report ‘‘(2) ENHANCED PENALTY FOR TRAFFICKING.— If the primary purpose of the violation, at- ‘‘(3) not later than 60 days after the date of that— tempted violation, or conspiracy to violate the enactment of this Act, provide to Con- (1) describes— this section was to subject the child to sexu- gress a plan for implementing the require- (A) any repatriation agreement for unac- ally explicit activity or any other form of ments under paragraphs (1) and (2).’’. companied alien children in effect and a copy exploitation, the offender shall be fined SEC. 328. EMERGENCY IMMIGRATION JUDGE RE- of such agreement; and SOURCES. under this title and imprisoned for not less (B) any such repatriation agreement that (a) DESIGNATION.—Not later than 14 days than 15 years.’’. is being considered or negotiated; and after the date of the enactment of this Act, (2) describes the funding provided to the 20 (b) TABLE OF SECTIONS AMENDMENT.—The the Attorney General shall designate up to table of sections for chapter 47 of title 18, countries that have the highest number of 100 immigration judges, including through United States Code, is amended by inserting nationals entering the United States as un- the hiring of retired immigration judges, after the item relating to section 1040 the accompanied alien children, including magistrate judges, or administrative law following: amounts provided— judges, or the reassignment of current immi- (A) to deter the nationals of each country ‘‘Sec. 1041. Fraud in connection with the gration judges, that are dedicated— from illegally entering the United States; transfer of custody of unaccom- (1) to conducting humane and expedited in- and panied alien children.’’. spection and screening for unaccompanied (B) to care for or reintegrate repatriated SEC. 327. NOTIFICATION OF STATES AND FOR- alien children under section 235B of the Im- unaccompanied alien children in the country EIGN GOVERNMENTS, REPORTING, migration and Nationality Act, as added by of nationality or last habitual residence. AND MONITORING. section 322; or (c) REPORTS ON RETURNS TO COUNTRY OF (a) NOTIFICATION.—Section 235 of the Wil- (2) to reducing existing backlogs in immi- NATIONALITY.—Not later than September 30, liam Wilberforce Trafficking Victims Pro- gration court proceedings initiated under 2019, the Secretary of Homeland Security tection Reauthorization Act of 2008 (8 U.S.C. section 239 of the Immigration and Nation- shall submit to Congress and make publicly 1232) is amended by adding at the end the fol- ality Act (8 U.S.C. 1229). available a report that describes— lowing: (b) REQUIREMENT.—The Attorney General (1) the number of unaccompanied alien ‘‘(j) NOTIFICATION TO STATES.— shall ensure that sufficient immigration children who have voluntarily returned to ‘‘(1) PRIOR TO PLACEMENT.—The Secretary judge resources are dedicated to the purpose their country of nationality or habitual resi- of Homeland Security or the Secretary of described in subsection (a)(1) to comply with dence, disaggregated by— Health and Human Services shall notify the the requirement under section 235B(b)(1) of (A) country of nationality or habitual resi- Governor of a State not later than 48 hours the Immigration and Nationality Act, as dence; and prior to the placement of an unaccompanied added by section 322. (B) age of the unaccompanied alien chil- alien child from in custody of such Secretary (c) AUTHORIZATION OF APPROPRIATIONS.— dren; in the care of a facility or sponsor in such There is authorized to be appropriated (2) the number of unaccompanied alien State. $10,000,000 for each of the fiscal years 2018 children who have been returned to their ‘‘(2) INITIAL REPORTS.—Not later than 60 through 2022 to implement this section. country of nationality or habitual residence, days after the date of the enactment of the SEC. 329. REPORTS TO CONGRESS. including assessment of the length of time Protecting Children and America’s Home- (a) REPORTS ON CARE OF UNACCOMPANIED such children were present in the United land Act of 2017, the Secretary of Health and ALIEN CHILDREN.—Not later than September States; Human Services shall submit a report to the 30, 2019, the Secretary of Health and Human (3) the number of unaccompanied alien Governor of each State in which an unac- Services shall submit to Congress and make children who have not been returned to their companied alien child was discharged to a publically available a report that includes— country of nationality or habitual residence sponsor or placed in a facility while remain- (1) a detailed summary of the contracts in pending travel documents or other require- ing in the legal custody of the Secretary dur- effect to care for and house unaccompanied ments from such country, including how ing the period beginning October 1, 2013 and alien children, including the names and loca- long they have been waiting to return; and ending on the date of the enactment of the tions of contractors and the facilities being (4) the number of unaccompanied alien Protecting Children and America’s Home- used; children who were granted relief in the land Act of 2017. (2) the cost per day to care for and house United States, whether through asylum, any ‘‘(3) MONTHLY REPORTS.—The Secretary of an unaccompanied alien child, including an other immigration benefit or status, or de- Health and Human Services shall submit a explanation of such cost; ferred action. monthly report to the Governor of each (3) the number of unaccompanied alien (d) REPORTS ON IMMIGRATION PRO- State in which, during the reporting period, children who have been released to a spon- CEEDINGS.—Not later than September 30, unaccompanied alien children were dis- sor, if any; 2019, and once every 3 months thereafter, the charged to a sponsor or placed in a facility (4) a list of the States to which unaccom- Secretary of Homeland Security, in coordi- while remaining in the legal custody of the panied alien children have been released nation with the Director of the Executive Of- Secretary of Health and Human Services. from the custody of the Secretary of Health fice for Immigration Review, shall submit to ‘‘(4) CONTENTS.—Each report required to be and Human Services to the care of a sponsor Congress and make publically available a re- submitted to the Governor of a State under or placement in a facility; port that describes— paragraph (2) or (3) shall identify the number (5) the number of unaccompanied alien (1) the number of unaccompanied alien of unaccompanied alien children placed in children who have been released to a sponsor children who, after proceedings under sec- the State during the reporting period, who is not lawfully present in the United tion 235(b) of the Immigration and Nation- disaggregated by— States, including the country of nationality ality Act, as added by section 312, were re- ‘‘(A) the locality in which the aliens were or last habitual residence and age of such turned to their country of nationality or ha- placed; and children; bitual residence, disaggregated by—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4856 CONGRESSIONAL RECORD — SENATE August 3, 2017 (A) country of nationality or residence; proceeds, shall be seized and subject to for- (3) by adding at the end the following: and feiture.’’. ‘‘(F) using a commercial motor vehicle in (B) age and gender of such aliens; (c) FRAUD IN CONNECTION WITH CERTAIN willfully aiding or abetting an alien’s illegal (2) the number of unaccompanied alien HUMAN RIGHTS VIOLATIONS OR WAR CRIMES.— entry into the United States by trans- children who, after proceedings under such (1) IN GENERAL.—Chapter 213 of title 18, porting, guiding, directing, or attempting to section 235B, prove a claim of admissibility United States Code, is amended by adding at assist the alien with the alien’s entry in vio- and are placed in proceedings under section the end the following: lation of section 275 of the Immigration and 240 of the Immigration and Nationality Act ‘‘§ 3302. Fraud in connection with certain Nationality Act (8 U.S.C. 1325), regardless of (8 U.S.C. 1229a); human rights violations or war crimes whether the alien is ultimately fined or im- (3) the number of unaccompanied alien ‘‘(a) IN GENERAL.—Unless the indictment is prisoned for an act in violation of such sec- children who fail to appear at a removal found or the information is instituted within tion; or hearing that such alien was required to at- 10 years after the commission of the offense, ‘‘(G) using a commercial motor vehicle in tend; no person shall be prosecuted, tried, or pun- willfully aiding or abetting the transport of (4) the number of sponsors who were levied ished for a violation of any provision of sec- controlled substances, monetary instru- a penalty, including the amount and whether tion 1001, 1015, 1546, or 1621, or for attempt or ments, bulk cash, or weapons by any indi- the penalty was collected, for the failure of conspiracy to violate any of such provisions, vidual departing the United States.’’. an unaccompanied alien child to appear at a when the violation, attempt, or conspiracy (c) SECOND OR MULTIPLE VIOLATIONS.—Sec- removal hearing; and concerns the alleged offender’s— tion 31310(c)(1) of title 49, United States (5) the number of aliens that are classified ‘‘(1) participation, at any time, at any as unaccompanied alien children, the ages place, and irrespective of the nationality of Code, is amended— and countries of nationality of such children, the alleged offender or any victim, in a (1) in subparagraph (E), by striking the and the orders issued by the immigration human rights violation or war crime; or ‘‘or’’ at the end; judge at the conclusion of proceedings under ‘‘(2) membership in, service in, or author- (2) by redesignating subparagraph (F) as such section 235B for such children. ity over, a military, paramilitary, or police subparagraph (H); organization that participated in such con- (3) in subparagraph (H), as redesignated, by TITLE IV—PENALTIES FOR SMUGGLING, duct during any part of any period in which striking ‘‘(E)’’ and inserting ‘‘(F)’’; and DRUG TRAFFICKING, HUMAN TRAF- the alleged offender was a member of, served (4) by inserting after subparagraph (E) the FICKING, TERRORISM, AND ILLEGAL in, or had authority over, the organization. following: ENTRY AND REENTRY; BARS TO READ- ‘‘(b) DEFINITIONS.—For purposes of this sec- ‘‘(F) using a commercial motor vehicle on MISSION OF REMOVED ALIENS tion— more than one occasion in willfully aiding or SEC. 401. DANGEROUS HUMAN SMUGGLING, ‘‘(1) the term ‘extrajudicial killing under abetting an alien’s illegal entry into the HUMAN TRAFFICKING, AND HUMAN color of foreign law’ means conduct specified United States by transporting, guiding, di- RIGHTS VIOLATIONS. in section 212(a)(3)(E)(iii) of the Immigration recting and attempting to assist the alien (a) CRIMINAL PENALTIES FOR HUMAN SMUG- and Nationality Act (8 U.S.C. with the alien’s entry in violation of section GLING AND TRAFFICKING.—Section 274(a) of 1182(a)(3)(E)(iii)); 275 of the Immigration and Nationality Act the Immigration and Nationality Act (8 ‘‘(2) the term ‘female genital mutilation’ (8 U.S.C. 1325), regardless of whether the U.S.C. 1324(a)) is amended— means conduct described in section 116; alien is ultimately fined or imprisoned for an (1) in paragraph (1)(B)— ‘‘(3) the term ‘genocide’ means conduct de- act in violation of such section; (A) by redesignating clauses (iii) and (iv) scribed in section 1091(a); ‘‘(G) using a commercial motor vehicle in as clauses (vi) and (vii), respectively; ‘‘(4) the term ‘human rights violation or willfully aiding or abetting the transport of (B) in clause (vi), as redesignated, by in- war crime’ means genocide, incitement to controlled substances, monetary instru- serting ‘‘for not less than 10 years and’’ be- genocide, war crimes, torture, female genital ments, bulk cash, or weapons by any indi- fore ‘‘not more than 20 years,’’; and mutilation, extrajudicial killing under color vidual departing the United States; or’’. (C) by inserting after clause (ii) the fol- of foreign law, persecution, particularly se- (d) LIFETIME DISQUALIFICATION.—Section lowing: vere violations of religious freedom by a for- ‘‘(iii) in the case of a violation of subpara- eign government official, or the use or re- 31310(d) of title 49, United States Code, is graph (A)(i), (ii), (iii), (iv), or (v) that is the cruitment of child soldiers; amended to read as follows: third or subsequent violation committed by ‘‘(5) the term ‘incitement to genocide’ ‘‘(d) LIFETIME DISQUALIFICATION.—The Sec- such person under this section, shall be fined means conduct described in section 1091(c); retary shall disqualify from operating a com- under title 18, imprisoned for not less than 5 ‘‘(6) the term ‘particularly severe viola- mercial motor vehicle for life an individual years and not more than 25 years, or both; tions of religious freedom’ has the meaning who uses a commercial motor vehicle— ‘‘(iv) in the case of a violation of subpara- given such term in section 3(13) of the Inter- ‘‘(1) in committing a felony involving man- graph (A)(i), (ii), (iii), (iv), or (v) that reck- national Religious Freedom Act of 1998 (22 ufacturing, distributing, or dispensing a con- lessly, knowingly, or intentionally results in U.S.C. 6402(13)); trolled substance, or possession with intent a victim being involuntarily forced into ‘‘(7) the term ‘persecution’ means conduct to manufacture, distribute, or dispense a labor or prostitution, shall be fined under described in section 208(b)(2)(A)(i) of the Im- controlled substance; title 18, imprisoned for not less than 5 years migration and Nationality Act (8 U.S.C. ‘‘(2) in committing an act for which the in- and not more than 25 years, or both; 1158(b)(2)(A)(i)); dividual is convicted under— ‘‘(v) in the case of a violation of subpara- ‘‘(8) the term ‘torture’ means conduct de- ‘‘(A) section 274 of the Immigration and graph (A)(i),(ii),(iii),(iv),or (v) during and in scribed in paragraph (1) or (2) of section 2340; Nationality Act (8 U.S.C. 1324); or relation to which any person is subjected to ‘‘(9) the term ‘use or recruitment of child ‘‘(B) section 277 of such Act (8 U.S.C. 1327); an involuntary sexual act (as defined in sec- soldiers’ means conduct described in section or tion 2246(2) of title 18), be fined under title 2442(a); and ‘‘(3) in willfully aiding or abetting the 18, imprisoned for not less than 5 years and ‘‘(10) the term ‘war crimes’ means conduct transport of controlled substances, monetary not more than 25 years, or both;’’and described in section 2441.’’. instruments, bulk cash, and weapons by any (2) by adding at the end the following: (2) CLERICAL AMENDMENT.—The table of individual departing the United States.’’. ‘‘(5) Any person who, knowing that a per- sections at the beginning of chapter 213 of son is an alien in unlawful transit from one title 18, United States Code, is amended by (e) REPORTING REQUIREMENTS.— country to another or on the high seas, adding at the end the following: (1) COMMERCIAL DRIVER’S LICENSE INFORMA- transports, moves, harbors, conceals, or ‘‘3302. Fraud in connection with certain TION SYSTEM.—Section 31309(b)(1) of title 49, shields from detection such alien outside of human rights violations or war United States Code, is amended— the United States when the alien is seeking crimes.’’. (A) in subparagraph (E), by striking ‘‘and’’ to enter the United States without official (3) APPLICATION.—The amendments made at the end; permission or legal authority, shall for, each by this subsection shall apply to any offense (B) in subparagraph (F), by striking the pe- alien in respect to whom a violation of this committed on or after the date of the enact- riod at the end and inserting ‘‘; and’’; and paragraph occurs, be fined under title 18, ment of this Act. (C) by adding at the end the following: United States Code, imprisoned not more SEC. 402. PUTTING THE BRAKES ON HUMAN ‘‘(G) whether the operator was disqualified, than 10 years, or both.’’. SMUGGLING ACT. either temporarily or for life, from operating (b) SEIZURE AND FORFEITURE.—Section (a) SHORT TITLE.—This section may be a commercial motor vehicle under section 274(b)(1) of the Immigration and Nationality cited as the ‘‘Putting the Brakes on Human 31310, including under subsection (b)(1)(F), Act (8 U.S.C. 1324(b)(1)) is amended to read as Smuggling Act’’. (c)(1)(F), or (d) of such section.’’. follows: (b) FIRST VIOLATION.—Section 31310(b)(1) of (2) NOTIFICATION BY THE STATE.—Section ‘‘(1) IN GENERAL.—Any property, real or title 49, United States Code, is amended— 31311(a)(8) of title 49, United States Code, is personal, involved in or used to facilitate the (1) in subparagraph (D), by striking the amended by inserting ‘‘including such a dis- commission of a violation or attempted vio- ‘‘or’’ at the end; qualification, revocation, suspension, or can- lation of subsection (a), the gross proceeds of (2) in subparagraph (E), by striking the pe- cellation made pursuant to a disqualification such violation or attempted violation, and riod at the end and inserting a semicolon; under subsection (b)(1)(F), (c)(1)(F), or (d) of any property traceable to such property or and section 31310,’’ after ‘‘60 days,’’.

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SEC. 403. DRUG TRAFFICKING AND CRIMES OF VI- ‘‘(iii) CRIME OF VIOLENCE.—If the conviction ‘‘(A) shall, for the first violation, be fined OLENCE COMMITTED BY ILLEGAL records do not conclusively establish wheth- under title 18, United States Code, impris- ALIENS. er a crime of domestic violence constitutes a oned not more than 6 months, or both; (a) IN GENERAL.—Title 18, United States crime of violence or an offense under Fed- ‘‘(B) shall, for a second or subsequent vio- Code, is amended by inserting after chapter eral, State, or Tribal law, that has, as an ele- lation, or following an order of voluntary de- 27 the following: ment, the use or attempted use of physical parture, be fined under such title, impris- ‘‘CHAPTER 28—DRUG TRAFFICKING AND force or the threatened use of physical force oned not more than 2 years, or both; CRIMES OF VIOLENCE COMMITTED BY or a deadly weapon, the Secretary of Home- ‘‘(C) if the violation occurred after the ILLEGAL ALIENS land Security may consider other evidence alien had been convicted of 3 or more mis- ‘‘581. Enhanced penalties for drug trafficking related to the conviction, including but not demeanors at least 1 of which involves con- and crimes committed by ille- limited to charging documents, plea agree- trolled substances, abuse of a minor, traf- gal aliens. ments, plea colloquies, jury instructions, po- ficking or smuggling, or any offense that ‘‘§ 581. Enhanced penalties for drug traf- lice reports, that clearly establishes that the could result in serious bodily harm or injury ficking and crimes committed by illegal conduct for which the alien was engaged con- to another person, a significant mis- aliens stitutes a crime of violence or an offense demeanor, or a felony, shall be fined under ‘‘(a) OFFENSE.—Any alien unlawfully under Federal, State, or Tribal law, that has, such title, imprisoned not more than 10 present in the United States, who commits, as an element, the use or attempted use of years, or both; conspires to commit, or attempts to commit physical force or the threatened use of phys- ‘‘(D) if the violation occurred after the a an offense under Federal, State, or Tribal ical force or a deadly weapon.’’. alien had been convicted of a felony for law, that has, as an element, the use or at- (c) EFFECTIVE DATE.—The amendments which the alien received a term of imprison- tempted use of physical force or the threat- made by this section shall take effect on the ment of not less than 30 months, shall be ened use of physical force or a deadly weapon date of the enactment of this Act and shall fined under such title, imprisoned not more or a drug trafficking crime (as defined in sec- apply to acts that occur before, on, or after than 15 years, or both; and tion 924) shall be fined under this title im- the date of the enactment of this Act. ‘‘(E) if the violation occurred after the prisoned for not less than 5 years, or both. SEC. 405. PENALTIES FOR ILLEGAL ENTRY; EN- alien had been convicted of a felony for ‘‘(b) ENHANCED PENALTIES FOR ALIENS OR- HANCED PENALTIES FOR ENTERING which the alien received a term of imprison- DERED REMOVED.—Any alien unlawfully WITH INTENT TO AID, ABET, OR ment of not less than 60 months, such alien present in the United States who violates COMMIT TERRORISM. shall be fined under such title, imprisoned subsection (a) and was ordered removed (a) IN GENERAL.—Section 275 of the Immi- not more than 20 years, or both. under the Immigration and Nationality Act gration and Nationality Act (8 U.S.C. 1325) is ‘‘(4) PRIOR CONVICTIONS.—The prior convic- (8 U.S.C. 1101 et seq.) on the grounds of hav- amended by striking the section heading and tions described in subparagraphs (C) through ing committed a crime before the violation subsections (a) and (b) and inserting the fol- (E) of paragraph (3) are elements of the of- of subsection (a), shall be fined under this lowing: fenses described in that paragraph and the title, imprisoned for not less than 15 years, ‘‘SEC. 275. ILLEGAL ENTRY. penalties in such subparagraphs shall apply or both. ‘‘(a) IN GENERAL.— only in cases in which the conviction or con- ‘‘(c) REQUIREMENT FOR CONSECUTIVE SEN- victions that form the basis for the addi- TENCES.—Any term of imprisonment imposed ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE- tional penalty are— under this section shall be consecutive to FITS.—Any alien who— ‘‘(A) alleged in the indictment or informa- any term imposed for any other offense.’’. ‘‘(A) enters or crosses, or attempts to enter tion; and (b) CLERICAL AMENDMENT.—The table of or cross, the border into the United States at chapters at the beginning of part I of title 18, any time or place other than as designated ‘‘(B) proven beyond a reasonable doubt at United States Code, is amended by inserting by immigration officers; trial; or after the item relating to chapter 27 the fol- ‘‘(B) eludes, at any time or place, examina- ‘‘(C) admitted by the defendant. lowing: tion or inspection by an authorized immigra- ‘‘(5) DURATION OF OFFENSES.—An offense under this subsection continues until the ‘‘28 . Drug trafficking and crimes of tion, customs, or agriculture officer (includ- alien is discovered within the United States violence committed by illegal ing failing to stop at the command of such by an immigration, customs, or agriculture aliens ...... 581’’. officer); or officer. SEC. 404. ESTABLISHING INADMISSIBILITY AND ‘‘(C) enters or crosses the border to the ‘‘(6) ATTEMPT.—Whoever attempts to com- DEPORTABILITY. United States and, upon examination or in- mit any offense under this section shall be (a) INADMISSIBLE ALIENS.—Section spection, makes a false or misleading rep- 212(a)(2)(A) of the Immigration and Nation- resentation or conceals a material fact, in- punished in the same manner as for a com- ality Act (8 U.S.C. 1182(a)(2)(A)) is amended cluding such representation or willful con- pletion of such offense. ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- by adding at the end the following: cealment in the context of arrival, reporting, ALTIES.— ‘‘(iii) CONSIDERATION OF OTHER EVIDENCE.— entry, or clearance, requirements of the cus- ‘‘(1) IN GENERAL.—Any alien who is appre- If the conviction records do not conclusively toms laws, immigration laws, agriculture hended while entering, attempting to enter, establish whether a crime constitutes a laws, or shipping laws, or crossing or attempting to cross the border crime involving moral turpitude, the Sec- shall be ineligible for all immigration bene- to the United States at a time or place other retary of Homeland Security may consider fits or relief available under the Act and any than as designated by immigration officers other evidence related to the conviction, in- other immigration laws, other than a re- shall be subject to a civil penalty, in addi- cluding but not limited to charging docu- quest for asylum, withholding of removal tion to any criminal or other civil penalties ments, plea agreements, plea colloquies, jury under section 241(b)(3), or relief from re- that may be imposed under any other provi- instructions, police reports, that clearly es- moval based on a claim under the Conven- sion of law, in an amount equal to— tablishes that the conduct for which the tion Against Torture and Other Cruel, Inhu- ‘‘(A) not less than $50 or more than $250 for alien was engaged constitutes a crime in- man or Degrading Treatment or Punish- each such entry, crossing, attempted entry, volving moral turpitude.’’. ment, done at New York, December 10, 1984. or attempted crossing; or (b) DEPORTABLE ALIENS.— ‘‘(2) CRIMINAL OFFENSES.—An alien shall be ‘‘(B) twice the amount specified in para- (1) GENERAL CRIMES.—Section 237(a)(2)(A) subject to the penalties set forth in para- of such Act (8 U.S.C. 1227(a)(2)(A)) is amend- graph (3) if the alien— graph (1) if the alien had previously been ed— ‘‘(A) enters or crosses, or attempts to enter subject to a civil penalty under this sub- (A) by redesignating clause (vi) as clause or cross, the border into the United States at section. (vii) and inserting after clause (iv) the fol- any time or place other than as designated ‘‘(2) CIVIL PENALTIES.—Civil penalties lowing: by immigration officers; under paragraph (1) are in addition to, and not in lieu of, any criminal or other civil ‘‘(v) CRIMES INVOLVING MORAL TURPITUDE.— ‘‘(B) eludes, at any time or place, examina- If the conviction records do not conclusively tion or inspection by an authorized immigra- penalties that may be imposed.’’. (b) ENHANCED PENALTIES.—Section 275 of establish whether a crime constitutes a tion, customs, or agriculture officer (includ- the Immigration and Nationality Act, as crime involving moral turpitude, the Sec- ing failing to stop at the command of such amended by subsection (a), is further amend- retary of Homeland Security may consider officer); or ed by adding at the end the following: other evidence related to the conviction, in- ‘‘(C) enters or crosses the border to the ‘‘(e) ENHANCED PENALTY FOR TERRORIST cluding but not limited to charging docu- United States and, upon examination or in- ALIENS.—Any alien who commits an offense ments, plea agreements, plea colloquies, jury spection, makes a false or misleading rep- described in subsection (a) for the purpose of instructions, police reports, that clearly es- resentation or conceals a material fact, in- engaging in, or with the intent to engage in, tablishes that the conduct for which the cluding such representation or concealment any Federal crime of terrorism (as defined in alien was engaged constitutes a crime in- in the context of arrival, reporting, entry, or section 2332b(g) of title 18, United States volving moral turpitude.’’. clearance, requirements of the customs laws, Code) shall be imprisoned for not less than 10 (2) DOMESTIC VIOLENCE.—Section immigration laws, agriculture laws, or ship- years and not more than 30 years.’’. 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) ping laws. (c) CLERICAL AMENDMENT.—The table of is amended by adding at the end the fol- ‘‘(3) CRIMINAL PENALTIES.—Any alien who contents in the first section of the Immigra- lowing: violates any provision under paragraph (1)— tion and Nationality Act is amended by

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4858 CONGRESSIONAL RECORD — SENATE August 3, 2017 striking the item relating to section 275 and is at any time found in, the United States, term of imprisonment of not less than 60 inserting the following: unless— months, the alien shall be fined under such ‘‘Sec. 275. Illegal entry.’’. ‘‘(i) the alien is seeking admission more title, imprisoned not more than 20 years, or (d) APPLICATION.— than 10 years after the date of the alien’s both; (1) PRIOR CONVICTIONS.—Paragraph (4) of last departure from the United States if, ‘‘(F) who was convicted of 3 or more felo- section 275(a) of the Immigration and Na- prior to the alien’s reembarkation at a place nies of any kind, the alien shall be fined tionality Act, as amended by subsection (a), outside the United States or the alien’s ap- under such title, imprisoned not more than shall apply only to violations of paragraph plication for admission from a foreign con- 25 years, or both; and (2) of such section 275(a) committed on or tiguous territory, the Secretary of Homeland ‘‘(G) who was convicted, before the alien after the date of enactment of this Act. Security has expressly consented to such was subject to removal or departure or after (2) BARS TO IMMIGRATION RELIEF AND BENE- alien’s reapplying for admission; or such removal or departure, for murder, rape, FITS.—Section 275(a)(1) of such Act, as ‘‘(ii) with respect to an alien previously de- kidnapping, or a felony offense described in amended by subsection (a), shall take effect nied admission and removed, such alien es- chapter 77 (relating to peonage and slavery) on the date of enactment and apply to any tablishes that the alien was not required to or 113B (relating to terrorism) of such title, alien who, on or after the date of enact- obtain such advance consent under this Act the alien shall be fined under such title, im- ment— or any prior Act, prisoned not more than 25 years, or both; (A) enters or crosses, or attempts to enter ‘‘shall be fined under title 18, United ‘‘(c) MANDATORY MINIMUM CRIMINAL PEN- or cross, the border into the United States at States Code, or imprisoned not more than 5 ALTY FOR REENTRY OF CERTAIN REMOVED any time or place other than as designated years, or both. ALIENS.—Notwithstanding the penalties ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF by immigration officers; under subsections (a) and (b), an alien de- CERTAIN REMOVED ALIENS.— (B) eludes, at any time or place, examina- scribed in subsection (a)— ‘‘(1) REENTRY AFTER REMOVAL.—Notwith- tion or inspection by an authorized immigra- ‘‘(1) who was convicted, before the alien standing the penalty under subsection (a)(2), tion, customs, or agriculture officer (includ- was subject to removal or departure, of an and except as provided in subsection (c), an ing failing to stop at the command of such aggravated felony; or alien described in subsection (a)— officer); or ‘‘(2) who was convicted at least 2 times be- ‘‘(A) who has been excluded from the (C) enters or crosses the border to the fore such removal or departure of illegal re- United States pursuant to section 235(c) be- United States and, upon examination or in- entry under this section, cause the alien was excludable under section shall be imprisoned not less than 5 years and spection, makes a false or misleading rep- 212(a)(3)(B) or who has been removed from resentation or conceals a material fact, in- not more than 20 years, and may, in addi- the United States pursuant to the provisions tion, be fined under title 18, United States cluding such representation or concealment of title V, and who thereafter, without the in the context of arrival, reporting, entry, or Code. permission of the Secretary of Homeland Se- ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The clearance, requirements of the customs laws, curity, enters the United States, or attempts prior convictions described in subsection (b) immigration laws, agriculture laws, or ship- to do so, shall be fined under title 18, United are elements of the crimes described, and the ping laws. States Code, and imprisoned for a period of penalties in that subsection shall apply only SEC. 406. PENALTIES FOR REENTRY OF REMOVED 15 years, which sentence shall not run con- in cases in which the conviction or convic- ALIENS. currently with any other sentence; tions that form the basis for the additional (a) SHORT TITLES.—This section may be ‘‘(B) who was removed from the United penalty are— cited as the ‘‘Stop Illegal Reentry Act’’ or States pursuant to section 241(a)(4) and ‘‘(1) alleged in the indictment or informa- ‘‘Kate’s Law’’. thereafter, without the permission of the tion; and (b) INCREASED PENALTIES FOR REENTRY OF Secretary of Homeland Security, enters, at- ‘‘(2) proven beyond a reasonable doubt at REMOVED ALIEN.— tempts to enter, or is at any time found in, trial; or (1) IN GENERAL.—Section 276 of the Immi- the United States (unless the Secretary of ‘‘(3) admitted by the defendant. gration and Nationality Act (8 U.S.C. 1326) is Homeland Security has expressly consented ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an amended to read as follows: to such alien’s reentry) shall be fined under affirmative defense to a violation of this sec- ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. title 18, United States Code, imprisoned for tion that— ‘‘(a) IN GENERAL.— not more than 15 years, or both; and ‘‘(1) prior to the alleged violation, the alien ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE- ‘‘(C) who has been denied admission, ex- had sought and received the express consent FITS.—Any alien who— cluded, deported, or removed 2 or more times of the Secretary of Homeland Security to re- ‘‘(A) has been denied admission, excluded, for any reason and thereafter enters, at- apply for admission into the United States; deported, or removed or has departed the tempts to enter, crosses the border, attempts or United States while an order of exclusion, to cross the border, or is at any time found ‘‘(2) with respect to an alien previously de- deportation, or removal is outstanding; and in the United States, shall be fined under nied admission and removed, the alien— thereafter title 18, United States Code, imprisoned not ‘‘(A) was not required to obtain such ad- ‘‘(B) enters, attempts to enter, crosses the more than 15 years, or both. vance consent under the Immigration and border to, attempts to cross the border to, or ‘‘(2) REENTRY OF CRIMINAL ALIENS AFTER Nationality Act or any prior Act; and is at any time found in, the United States, REMOVAL.—Notwithstanding the penalty ‘‘(B) had complied with all other laws and unless— under subsection (a), an alien described in regulations governing the alien’s admission ‘‘(i) the alien is seeking admission more subsection (a)— into the United States. than 10 years after the date of the alien’s ‘‘(A) who was convicted, before the alien ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON last departure from the United States if, was subject to removal or departure, of a sig- UNDERLYING REMOVAL ORDER.—In a criminal prior to the alien’s reembarkation at a place nificant misdemeanor shall be fined under proceeding under this section, an alien may outside the United States or the alien’s ap- title 18, United States Code, imprisoned not not challenge the validity of a removal order plication for admission from a foreign con- more than 10 years, or both; described in subsection (a), (b), or (c) contiguous territory, the Secretary of Homeland ‘‘(B) who was convicted, before the alien cerning the alien unless the alien dem- Security has expressly consented to such was subject to removal or departure, of 2 or onstrates that— alien’s reapplying for admission; or more misdemeanors involving drugs, crimes ‘‘(1) the alien exhausted any administra- ‘‘(ii) with respect to an alien previously de- against the person, or both, shall be fined tive remedies that may have been available nied admission and removed, such alien es- under title 18, United States Code, impris- to seek relief against the order; tablishes that the alien was not required to oned not more than 10 years, or both; ‘‘(2) the deportation proceedings at which obtain such advance consent under this Act ‘‘(C) who was convicted, before the alien the order was issued improperly deprived the or any prior Act, was subject to removal or departure, of 3 or alien of the opportunity for judicial review; shall be ineligible for all immigration bene- more misdemeanors for which the alien was and fits or relief available under the Act and any sentenced to a term of imprisonment of not ‘‘(3) the entry of the order was fundamen- other immigration laws, other than relief less than 90 days for each offense, or 12 tally unfair. from removal based on a claim under the months in the aggregate, the alien shall be ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO Convention Against Torture and Other fined under title 18, United States Code, im- COMPLETION OF TERM OF IMPRISONMENT.—Any Cruel, Inhuman or Degrading Treatment or prisoned not more than 10 years, or both; alien removed pursuant to section 241(a)(4) Punishment, done at New York, December ‘‘(D) who was convicted, before the alien who enters, attempts to enter, crosses the 10, 1984. was subject to removal or departure, of a fel- border to, attempts to cross the border to, or ‘‘(2) CRIMINAL OFFENSES.—Any alien who— ony for which the alien was sentenced to a is at any time found in, the United States ‘‘(A) has been denied admission, deported, term of imprisonment of not less than 30 shall be incarcerated for the remainder of or removed or has departed the United months, the alien shall be fined under such the sentence of imprisonment which was States while an order of deportation, or re- title, imprisoned not more than 15 years, or pending at the time of deportation without moval is outstanding; and both; any reduction for parole or supervised re- ‘‘(B) after such denial, removal or depar- ‘‘(E) who was convicted, before the alien lease unless the alien affirmatively dem- ture, enters, attempts to enter, crosses the was subject to removal or departure, of a fel- onstrates that the Secretary of Homeland border to, attempts to cross the border to, or ony for which the alien was sentenced to a Security has expressly consented to the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4859 alien’s reentry (if a request for consent to re- SEC. 407. LAUNDERING OF MONETARY INSTRU- access devices, digital currencies, or other apply is authorized under this section). Such MENTS. similar’’. alien shall be subject to such other penalties Section 1956(c)(7)(D) of title 18, United (B) ADDITION OF PREPAID ACCESS DEVICES TO relating to the reentry of removed aliens as States Code, is amended by inserting ‘‘sec- THE DEFINITION OF MONETARY INSTRUMENTS.— may be available under this section or any tion 1590 (relating to trafficking with respect Section 5312(a)(3)(B) of such title is amended other provision of law. to peonage, slavery, involuntary servitude, by inserting ‘‘prepaid access devices,’’ after ‘‘(h) DEFINITIONS.—In this section: or forced labor),’’ after ‘‘section 1363 (relat- ‘‘delivery,’’. ‘‘(1) CROSSES THE BORDER TO THE UNITED ing to destruction of property within the (C) DEFINITION OF PREPAID ACCESS DEVICE.— STATES.—The term ‘crosses the border’ refers special maritime and territorial jurisdic- Section 5312 of such title is amended— to the physical act of crossing the border, re- tion),’’. (i) by redesignating paragraph (6) as para- gardless of whether the alien is free from of- SEC. 408. FREEZING BANK ACCOUNTS OF INTER- graph (7); and ficial restraint. NATIONAL CRIMINAL ORGANIZA- (ii) by inserting after paragraph (5) the fol- ‘‘(2) FELONY.—The term ‘felony’ means any TIONS AND MONEY LAUNDERERS. lowing: criminal offense punishable by a term of im- Section 981(b) of title 18, United States ‘‘(6) ‘prepaid access device’ means an elec- prisonment of more than 1 year under the Code, is amended by adding at the end the tronic device or vehicle, such as a card, laws of the United States, any State, or a following: plate, code, number, electronic serial num- foreign government. ‘‘(5)(A) If a person is arrested or charged in ber, mobile identification number, personal ‘‘(3) MISDEMEANOR.—The term ‘mis- connection with an offense described in sub- identification number, or other instrument demeanor’ means any criminal offense pun- paragraph (C) involving the movement of that provides a portal to funds or the value ishable by a term of imprisonment of not funds into or out of the United States, the of funds that have been paid in advance and more than 1 year under the applicable laws Attorney General may apply to any Federal can be retrievable and transferable at some of the United States, any State, or a foreign judge or magistrate judge in the district in point in the future.’’. government. which the arrest is made or where the (2) GOVERNMENT ACCOUNTABILITY OFFICE RE- ‘‘(4) REMOVAL.—The term ‘removal’ in- charges are filed for an ex parte order re- PORT.—Not later than 18 months after the cludes any denial of admission, deportation, straining any account held by the person ar- date of the enactment of this Act, the Comp- or removal, or any agreement by which an rested or charged for not more than 30 days, troller General of the United States shall alien stipulates or agrees to deportation, or except that such 30-day time period may be submit to Congress a report describing— removal. extended for good cause shown at a hearing (A) the impact of amendments made by ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term conducted in the manner provided in rule paragraph (1) on law enforcement, the pre- ‘significant misdemeanor’ means a mis- 43(e) of the Federal Rules of Civil Procedure. paid access device industry, and consumers; demeanor— The court may receive and consider evidence and ‘‘(A) crime that involves the use or at- and information submitted by the Govern- (B) the implementation and enforcement tempted use of physical force, or threatened ment that would be inadmissible under the by the Department of the Treasury of the use of a deadly weapon, committed by a cur- Federal Rules of Evidence. final rule relating to ‘‘Bank Secrecy Act rent or former spouse, parent, or guardian of ‘‘(B) The application for a restraining Regulations—Definitions and Other Regula- the victim, by a person with whom the vic- order under subparagraph (A) shall— tions Relating to Prepaid Access’’ (76 Fed. tim shares a child in common, by a person ‘‘(i) identify the offense for which the per- Reg. 45403 (July 29, 2011)). who is cohabiting with or has cohabited with son has been arrested or charged; the victim as a spouse, parent, or guardian, ‘‘(ii) identify the location and description (b) MONEY SMUGGLING THROUGH BLANK or by a person similarly situated to a spouse, of the accounts to be restrained; and CHECKS IN BEARER FORM.—Section 5316 of parent, or guardian of the victim; ‘‘(iii) state that the restraining order is title 31, United States Code, is amended by ‘‘(B) which is a sexual assault (as such needed to prevent the removal of the funds adding at the end the following: term is defined in section 40002(a)(29) of the in the account by the person arrested or ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT Violent Crime Control and Law Enforcement charged, or by others associated with such LEFT BLANK.—For purposes of this section, a Act of 1994 (42 U.S.C. 13925(a)(29)); person, during the time needed by the Gov- monetary instrument in bearer form that ‘‘(C) which involved the unlawful posses- ernment to conduct such investigation as has the amount left blank, such that the sion of a firearm (as such term is defined in may be necessary to establish whether there amount could be filled in by the bearer, shall section 921 of title 18, United States Code); is probable cause to believe that the funds in be considered to have a value of more than ‘‘(D) which is a crime of violence (as de- the accounts are subject to forfeiture in con- $10,000 if the monetary instrument was fined in section 16 of title 18, United States nection with the commission of any criminal drawn on an account that contained or was Code); or offense. intended to contain more than $10,000 at the ‘‘(E) which is an offense under Federal, ‘‘(C) An offense described in this subpara- time the monetary instrument was— State, or Tribal law, that has, as an element, graph is any offense for which forfeiture is ‘‘(1) transported; or the use or attempted use of physical force or authorized under this title, title 31, or the ‘‘(2) negotiated.’’. the threatened use of physical force or a Controlled Substances Act (21 U.S.C. 801 et deadly weapon. seq.). SEC. 410. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES ENGAGED IN ‘‘(6) STATE.—The term ‘State’ means a ‘‘(D) For purposes of this section— MONEY LAUNDERING. State of the United States, the District of ‘‘(i) the term ‘account’ includes any safe Columbia, and any commonwealth, territory, deposit box and any account (as defined in (a) INTENT TO CONCEAL OR DISGUISE.—Sec- or possession of the United States.’’. paragraphs (1) and (2) of section 5318A(e) of tion 1956(a) of title 18, United States Code, is (c) EFFECTIVE DATE.—Section 276(a)(1), as title 31, United States Code) at any financial amended— amended by this section, shall take effect on institution; and (1) in paragraph (1)(B), by striking ‘‘(B) the date of the enactment of this Act and ‘‘(ii) the term ‘account held by the person knowing that’’ and all that follows through shall apply to any alien who, on or after the arrested or charged’ includes an account held ‘‘Federal law,’’ and inserting the following: date of enactment— in the name of such person, and any account ‘‘(B) knowing that the transaction— (1) has been denied admission, excluded, over which such person has effective control ‘‘(i) conceals or disguises, or is intended to deported, or removed or has departed the as a signatory or otherwise. conceal or disguise, the nature, source, loca- United States while an order of exclusion, ‘‘(E) A restraining order issued under this tion, ownership, or control of the proceeds of deportation, or removal is outstanding; and paragraph shall not be considered a ‘seizure’ some form of unlawful activity; or (2) after such denial, exclusion, deportation for purposes of section 983(a). ‘‘(ii) avoids, or is intended to avoid, a or removal, enters, attempts to enter, ‘‘(F) A restraining order issued under this transaction reporting requirement under crosses the border to, attempts to cross the paragraph may be executed in any district in State or Federal law,’’; and border to, or is at any time found in, the which the subject account is found, or trans- (2) in paragraph (2)(B), by striking ‘‘(B) United States, unless— mitted to the central authority of any for- knowing that’’ and all that follows through (A) the alien is seeking admission more eign State for service in accordance with any ‘‘Federal law,’’ and inserting the following: than 10 years after the date of the alien’s treaty or other international agreement.’’. ‘‘(B) knowing that the monetary instru- last departure from the United States if, SEC. 409. CRIMINAL PROCEEDS LAUNDERED ment or funds involved in the transpor- prior to the alien’s reembarkation at a place THROUGH PREPAID ACCESS DE- tation, transmission, or transfer represent outside the United States or the alien’s ap- VICES, DIGITAL CURRENCIES, OR the proceeds of some form of unlawful activ- plication for admission from a foreign con- OTHER SIMILAR INSTRUMENTS. ity, and knowing that such transportation, tiguous territory, the Secretary of Homeland (a) IN GENERAL.— transmission, or transfer— Security has expressly consented to such (1) DEFINITIONS.— ‘‘(i) conceals or disguises, or is intended to alien’s reapplying for admission; or (A) ADDITION OF ISSUERS, REDEEMERS, AND conceal or disguise, the nature, source, loca- (B) with respect to an alien previously de- CASHIERS OF PREPAID ACCESS DEVICES AND DIG- tion, ownership, or control of the proceeds of nied admission and removed, such alien es- ITAL CURRENCIES TO THE DEFINITION OF FINAN- some form of unlawful activity; or tablishes that the alien was not required to CIAL INSTITUTIONS.—Section 5312(a)(2)(K) of ‘‘(ii) avoids, or is intended to avoid, a obtain such advance consent under this Act title 31, United States Code, is amended by transaction reporting requirement under or any prior Act. striking ‘‘or similar’’ and inserting ‘‘prepaid State or Federal law,’’.

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(b) PROCEEDS OF A FELONY.—Section (c) PALESTINE LIBERATION ORGANIZATION.— ‘‘(B) may, in the case of any alien, deter- 1956(c)(1) of such title is amended by insert- Section 212(a)(3)(B)(ii) of the Immigration mine the inadmissibility of the alien under ing ‘‘, and regardless of whether or not the and Nationality Act (8 U.S.C. subparagraph (A) or (B) of section 212(a)(3) person knew that the activity constituted a 1182(a)(3)(B)(i)), is amended to read as fol- (other than subclauses (I), (II), and (III) of felony’’ before the semicolon at the end. lows: section 212(a)(3)(B)), or the deportability of TITLE V—PROTECTING NATIONAL ‘‘(ii) PALESTINE LIBERATION ORGANIZA- the alien under subparagraph (A) or (B) of SECURITY AND PUBLIC SAFETY TION.—An alien who is an officer, official, section 237(a)(4) (as a consequence of being Subtitle A—General Matters representative, or spokesman of the Pal- described in subclause (I), (II), or (III) of sec- SEC. 501. DEFINITION OF ENGAGING IN TER- estine Liberation Organization is considered, tion 212(a)(3)(B)), and issue an order of re- RORIST ACTIVITY. for purposes of this Act, to be engaged in ter- moval pursuant to the procedures set forth Subclause (I) of section 212(a)(3)(B)(iv) of rorist activity.’’. in this subsection or section 240 to every the Immigration and Nationality Act (8 SEC. 503. EXPEDITED REMOVAL FOR ALIENS IN- alien determined to be inadmissible or de- U.S.C. 1182(a)(3)(B)(iv)) is amended— ADMISSIBLE ON CRIMINAL OR SECU- portable on such a ground. (1) by revising subclause (I) to read as fol- RITY GROUNDS. ‘‘(2) The Secretary of Homeland Security lows: (a) IN GENERAL.—Section 238 of the Immi- may not execute any order described in para- ‘‘(I) to commit a terrorist activity or, gration and Nationality Act (8 U.S.C. 1228) is graph (1) until 30 calendar days have passed under circumstances indicating an intention amended— from the date that such order was issued, un- to cause death, serious bodily harm, or sub- (1) by adding at the end of the section less waived by the alien, in order that the stantial damage to property, incite to com- heading the following: ‘‘OR WHO ARE SUBJECT alien has an opportunity to apply øpetition¿ mit a terrorist activity;’’; and TO TERRORISM-RELATED GROUNDS FOR RE- for judicial review under section 242. (2)(A) by adding at the end the following: MOVAL’’; ‘‘(3) Proceedings before the Secretary of ‘‘(VI) to threaten, attempt, or conspire to (2) in subsection (b)— Homeland Security under this subsection do any of acts described in subclauses (I) (A) in paragraph (1)— shall be in accordance with such regulations through (VI).’’. (i) by striking ‘‘Attorney General’’ and in- as the Secretary shall prescribe. The Sec- SEC. 502. TERRORIST GROUNDS OF INADMIS- serting ‘‘Secretary of Homeland Security, in retary shall provide that— SIBILITY. the exercise of discretion,’’; and ‘‘(A) the alien is given reasonable notice of (a) SECURITY AND RELATED GROUNDS.—Sec- (ii) by striking ‘‘set forth in this sub- the charges and of the opportunity described tion 212(a)(3)(A) of the Immigration and Na- section or’’ and inserting ‘‘set forth in this in subparagraph (C); tionality Act (8 U.S.C. 1182(a)(3)(A)) is subsection, in lieu of removal proceedings ‘‘(B) the alien shall have the privilege of amended to read as follows: under’’; being represented (at no expense to the Gov- ‘‘(A) IN GENERAL.—Any alien who a con- (B) in paragraphs (3) and (4), by striking ernment) by such counsel, authorized to sular officer, the Attorney General, or the ‘‘Attorney General’’ each place the term ap- practice in such proceedings, as the alien Secretary of Homeland Security knows, or pears and inserting ‘‘Secretary of Homeland shall choose; has reasonable ground to believe, seeks to Security’’; ‘‘(C) the alien has a reasonable opportunity enter the United States to engage solely, (C) in paragraph (5)— to inspect the evidence and rebut the principally, or incidentally, in, or who is en- (i) by striking ‘‘described in this section’’ charges; gaged in, or with respect to clauses (i) and and inserting ‘‘described in paragraph (1) or ‘‘(D) a determination is made on the record (iii) has engaged in— (2)’’; and that the individual upon whom the notice for ‘‘(i) any activity— (ii) by striking ‘‘the Attorney General may the proceeding under this section is served ‘‘(I) to violate any law of the United States grant in the Attorney General’s discretion.’’ (either in person or by mail) is, in fact, the relating to espionage or sabotage; or and inserting ‘‘the Secretary of Homeland alien named in such notice; ‘‘(II) to violate or evade any law prohib- Security or the Attorney General may grant, ‘‘(E) a record is maintained for judicial re- iting the export from the United States of in the discretion of the Secretary or the At- view; and goods, technology, or sensitive information, torney General, in any proceeding.’’; ‘‘(F) the final order of removal is not adju- ‘‘(ii) any other activity which would be un- (D) by redesignating paragraphs (3), (4), dicated by the same person who issues the lawful if committed in the United States, or and (5) as paragraphs (4), (5), and (6) respec- charges. ‘‘(iii) any activity a purpose of which is the tively; and ‘‘(4) No alien described in this subsection opposition to, or the control or overthrow of, (E) by inserting after paragraph (2) the fol- shall be eligible for any relief from removal the Government of the United States by lowing: that the Secretary of Homeland Security force, violence, or other unlawful means, ‘‘(3) The Secretary of Homeland Security, may grant in the Secretary’s discretion.’’. is inadmissible.’’. (b) CLERICAL AMENDMENT.—The table of ERRORIST ACTIVITIES.—Section in the exercise of discretion, may determine (b) T contents of the Immigration and Nationality 212(a)(3)(B)(i) of the Immigration and Na- inadmissibility under section 212(a)(2) and Act (8 U.S.C. 1101 et seq.) is amended by tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) is issue an order of removal pursuant to the striking the item relating to section 238 and amended— procedures set forth in this subsection, in inserting the following: (1) in subclause (IV), by inserting ‘‘or has lieu of removal proceedings under section been’’ before ‘‘a representative’’; 240, with respect to an alien who— ‘‘Sec. 238. Expedited removal of aliens con- (2) in subclause (V), by inserting ‘‘or has ‘‘(A) has not been admitted or paroled; victed of aggravated felonies or been’’ before ‘‘a member’’; ‘‘(B) has not been found to have a credible who are subject to terrorism-re- (3) in subclause (VI), by inserting ‘‘or has fear of persecution pursuant to the proce- lated grounds for removal.’’. been’’ before ‘‘a member’’; and dures set forth in 235(b)(1)(B); and (c) EFFECTIVE DATE.—The amendments (4) by amending subclause (VII) to read as ‘‘(C) is not eligible for a waiver of inadmis- made by this section shall take effect on the follows: sibility or relief from removal.’’; and date of the enactment of this Act but shall ‘‘(VII) endorses or espouses, or has en- (3) by redesignating the first subsection (c) not apply to aliens who are in removal pro- dorsed or espoused, terrorist activity or per- as subsection (d); ceedings under section 240 of the Immigra- suades or has persuaded others to endorse or (4) by redesignating the second subsection tion and Nationality Act (8 U.S.C. 1229a) on espouse terrorist activity or support a ter- (c) (as so designated by section 617(b)(13) of such date. rorist organization;’’; the Illegal Immigration Reform and Immi- SEC. 504. DETENTION OF REMOVABLE ALIENS. (5) by amending subclause (IX) to read as grant Responsibility Act of 1996 (division C (a) CRIMINAL ALIEN ENFORCEMENT PART- follows: of Public Law 104–208; 110 Stat. 3009–720)) as NERSHIPS.—Section 287 of the Immigration ‘‘(IX)(aa) is the spouse or child of an alien subsection (e); and and Nationality Act (8 U.S.C. 1357), as who is inadmissible under this subparagraph, (5) by inserting after subsection (b) the fol- amended by section 116 and this section, is if the activity causing the alien to be found lowing: further amended by— inadmissible occurred within the last 5 ‘‘(c) REMOVAL OF ALIENS WHO ARE SUBJECT (1) by redesignating subsection (h) as sub- years. TO TERRORISM-RELATED GROUNDS FOR RE- section (j); and ‘‘(bb) EXCEPTION.—This subclause does not MOVAL.— (2) adding new paragraph (h) to read as fol- apply to a spouse or child— ‘‘(1) The Secretary of Homeland Security— lows: ‘‘(AA) who did not know or should not rea- ‘‘(A) shall, notwithstanding section 240, in ‘‘(h) CRIMINAL ALIEN ENFORCEMENT PART- sonably have known of the activity causing the case of every alien, determine the inad- NERSHIPS.— the alien to be found inadmissible under this missibility of the alien under subclause (I), ‘‘(1) IN GENERAL.—The Secretary of Home- section; or (II), or (III) of section 212(a)(3)(B)(i), or the land Security may enter into a written ‘‘(BB) whom the consular officer or Attor- deportability of the alien under section agreement with a State, or any political sub- ney General has reasonable grounds to be- 237(a)(4)(B) as a consequence of being de- division of such a State, to authorize the lieve has renounced the activity causing the scribed in one of such subclauses, and issue temporary placement of one or more U.S. alien to be found inadmissible under this sec- an order of removal pursuant to the proce- Customs and Border Protection agents or of- tion.’’; and dures set forth in this subsection to every ficers or U.S. Immigration and Customs En- (6) by striking the undesignated matter alien determined to be inadmissible or de- forcement agents or investigators at a local following subclause (IX). portable on such a ground; and police department or precinct to—

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4861 ‘‘(A) determine the immigration status of and Nationality Act (8 U.S.C. 1231(a)(1)(B)) is Paragraph (4) of section 241(a) of the Immi- any individual arrested by a State, county, amended to read as follows: gration and Nationality Act (8 U.S.C. or local police, enforcement, or peace officer ‘‘(B) BEGINNING OF PERIOD.— 1231(a)(4)) is amended— for any criminal offense; ‘‘(i) IN GENERAL.—Subject to clause (ii), the (A) in subparagraph (A), by striking ‘‘At- ‘‘(B) issue charging documents and notices removal period begins on the date that is the torney General’’ and inserting ‘‘Secretary of related to the initiation of removal pro- latest of the following: Homeland Security’’; and ceedings or reinstatement of prior removal ‘‘(I) If a court, the Board of Immigration (B) in subparagraph (B)— orders under section 241(a)(5); Appeals, or an immigration judge orders a (i) in the matter preceding clause (i), by ‘‘(C) enter information directly into the stay of the removal of the alien, the date the striking ‘‘Attorney General’’ and inserting National Crime Information Center (NCIC) stay of removal ends; ‘‘Secretary of Homeland Security’’; database, Immigration Violator File, to in- ‘‘(II) If the alien is ordered removed, the (I) in clause (i), by striking ‘‘if the Attor- clude— date the removal order becomes administra- ney General’’ and inserting ‘‘if the Sec- ‘‘(i) the alien’s address, tively final and the Secretary takes the alien retary’’; and ‘‘(ii) the reason for arrest, into custody for removal; (II) in clause (ii)(III), by striking ‘‘Attor- ‘‘(iii) the legal cite of the State law vio- ‘‘(III) If the alien is detained or confined ney General’’ and inserting ‘‘Secretary’’. lated or for which the alien is charged, (except under an immigration process), the (5) REINSTATEMENT OF REMOVAL ORDERS ‘‘(iv) the alien’s driver’s license number date the alien is released from detention or AGAINST ALIENS ILLEGALLY REENTERING.— and State of issuance (if any), confinement. (A) Paragraph (5) of section 241(a) of the ‘‘(v) any other identification document(s) ‘‘(ii) BEGINNING OF REMOVAL PERIOD FOL- Immigration and Nationality Act (8 U.S.C. held by the alien and issuing entity for such LOWING A TRANSFER OF CUSTODY.—If the Sec- 1231(a)(5)) is amended to read as follows: identification documents, and retary transfers custody of the alien pursu- ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS ‘‘(vi) any identifying marks, such as tat- ant to law to another Federal agency or to AGAINST ALIENS ILLEGALLY REENTERING.—If toos, birthmarks, scars, etc.;’’. an agency of a State or local government in the Secretary of Homeland Security finds ‘‘(D) to collect the alien’s biometrics, in- connection with the official duties of such that an alien has entered the United States cluding but not limited to iris, fingerprint, agency, the removal period for the alien— illegally after having been removed, de- photographs, and signature, of the alien and ‘‘(I) shall be tolled; and ported, or excluded or having departed vol- to enter such information into the Auto- ‘‘(II) shall resume on the date the alien is untarily, under an order of removal, deporta- mated Biometric Identification System returned to the custody of the Secretary.’’. tion, or exclusion, regardless of the date of (IDENT) and any other DHS database au- (C) SUSPENSION OF PERIOD.—Subparagraph the original order or the date of the illegal thorized for storage of biometric information (C) of section 241(a)(1) of the Immigration entry— for aliens; and’’. and Nationality Act (8 U.S.C. 1231(a)(1)(C)) is ‘‘(A) the order of removal, deportation, or ‘‘(E) make advance arrangements for the amended to read as follows: exclusion is reinstated from its original date immediate transfer from State to Federal ‘‘(C) SUSPENSION OF PERIOD.—The removal and is not subject to being reopened or re- custody of any criminal when the alien is re- period shall be extended beyond a period of viewed notwithstanding section 242(a)(2)(D); leased, without regard to whether the alien 90 days and the alien may remain in deten- ‘‘(B) the alien is not eligible and may not is released on parole, supervised release, or tion during such extended period if the apply for any relief under this Act, regard- probation, and without regard to whether alien— less of the date that an application or re- alien may be arrested imprisoned again for ‘‘(i) fails or refuses to make all reasonable quest for such relief may have been filed or the same offense. efforts to comply with the order of removal made; and ‘‘(2) LENGTH OF TEMPORARY DUTY ASSIGN- or to fully cooperate with the efforts of the ‘‘(C) the alien shall be removed under the MENTS.—The initial period for a temporary Secretary of Homeland Security to establish order of removal, deportation, or exclusion duty assignment authorized under this para- the alien’s identity and carry out the order at any time after the illegal entry. . graph shall be 1 year. The temporary duty of removal, including making timely appli- ‘‘Reinstatement under this paragraph shall assignment may be extended for additional cation in good faith for travel or other docu- not require proceedings under section 240 or periods of time as agreed to by the Secretary ments necessary to the alien’s departure; or other proceedings before an immigration of Homeland Security and the State or polit- ‘‘(ii) conspires or acts to prevent the judge.’’’’. ical subdivision of the State to ensure con- alien’s removal subject to an order of re- (B) JUDICIAL REVIEW.—Section 242 of the tinuity of cooperation and coverage. moval.’’. Immigration and Nationality Act (8 U.S.C. ‘‘(3) TECHNOLOGY USAGE.—The Secretary (2) DETENTION.—Paragraph (2) of section 1252) is amended by adding at the end the fol- shall provide CBP and ICE agents, officers, 241(a) of the Immigration and Nationality lowing: and investigators on a temporary duty as- Act (8 U.S.C. 1231(a)(2)) is amended— ‘‘(h) JUDICIAL REVIEW OF DECISION TO REIN- signment under this paragraph mobile access (A) by inserting ‘‘(A)’’ before ‘‘During’’; STATE REMOVAL ORDER UNDER SECTION to Federal databases containing alien infor- (B) by striking ‘‘Attorney General’’ and in- 241(A)(5).— mation, live scan technology for collection serting ‘‘Secretary of Homeland Security’’; ‘‘(1) REVIEW OF DECISION TO REINSTATE RE- of biometrics, and video-conferencing capa- and MOVAL ORDER.—Judicial review of determina- bility for use at local police departments or (C) by adding at the end the following: tions under section 241(a)(5) is available in precincts in remote locations. ‘‘(B) DURING A PENDENCY OF A STAY.—If a an action under subsection (a). ‘‘(4) REPORT.—Not later than 1 year after court, the Board of Immigration Appeals, or ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not- the date of the enactment, the Secretary of an immigration judge orders a stay of re- withstanding any other provision of law Homeland Security shall submit a report to moval of an alien who is subject to an order (statutory or nonstatutory), including sec- the Committee on the Judiciary and the of removal, the Secretary of Homeland Secu- tion 2241 of title 28, United States Code, any Committee on Homeland Security and Gov- rity, in the Secretary’s sole and other habeas corpus provision, or sections ernmental Affairs of the Senate and the unreviewable exercise of discretion, and not- 1361 and 1651 of such title, no court shall Committee on the Judiciary and the Com- withstanding any provision of law including have jurisdiction to review any cause or mittee on Homeland Security of the House of 28 U.S.C. 2241, may detain the alien during claim, arising from, or relating to, any chal- Representatives on— the pendency of such stay of removal.’’. lenge to the original order.’’. ‘‘(A) the number of States that have en- (3) SUSPENSION AFTER 90-DAY PERIOD.—Para- (C) EFFECTIVE DATE.—The amendments tered into an agreement under this paragraph (3) of section 241(a) of the Immigration made by subparagraphs (A) and (B) shall graph; and Nationality Act (8 U.S.C. 1231(a)(3)) is take effect as if enacted on April 1, 1997, and ‘‘(B) the number of criminal aliens proc- amended— shall apply to all orders reinstated or after essed by the U.S. Customs and Border Pro- (A) in the matter preceding subparagraph that date by the Secretary of Homeland Se- tection agent or officer or U.S. Immigration (A), by striking ‘‘Attorney General’’ and in- curity (or by the Attorney General prior to and Customs Enforcement agent or investi- serting ‘‘Secretary of Homeland Security’’; March 1, 2003), regardless of the date of the gator during the temporary duty assign- (B) in subparagraph (C), by striking ‘‘At- original order. ment; and torney General’’ and inserting ‘‘Secretary’’; (6) INADMISSIBLE OR CRIMINAL ALIENS.— ‘‘(C) the number of criminal aliens trans- and Paragraph (6) of section 241(a) of the Immi- ferred from State to Federal custody during (C) by amending subparagraph (D) to read gration and Nationality Act (8 U.S.C. the agreement period.’’. as follows: 1231(a)(6)) is amended— (b) DETENTION, RELEASE, AND REMOVAL OF ‘‘(D) to obey reasonable restrictions on the (A) by striking ‘‘Attorney General’’ and in- ALIENS ORDERED REMOVED.— alien’s conduct or activities, or to perform serting ‘‘Secretary of Homeland Security’’; (1) REMOVAL PERIOD.— affirmative acts, that the Secretary pre- and (A) IN GENERAL.—Subparagraph (A) of sec- scribes for the alien, in order to prevent the (B) by striking ‘‘removal period and, if re- tion 241(a)(1) of the Immigration and Nation- alien from absconding, for the protection of leased,’’ and inserting ‘‘removal period, in ality Act (8 U.S.C. 1231(a)(1)(A)) is amended the community, or for other purposes related the discretion of the Secretary, without any by striking ‘‘Attorney General’’ and insert- to the enforcement of the immigration limitations other than those specified in this ing ‘‘Secretary of Homeland Security’’. laws.’’. section, until the alien is removed.’’. (B) BEGINNING OF PERIOD.—Subparagraph (4) ALIENS IMPRISONED, ARRESTED, OR ON PA- (7) PAROLE; ADDITIONAL RULES; JUDICIAL RE- (B) of section 241(a)(1) of the Immigration ROLE, SUPERVISED RELEASE, OR PROBATION.— VIEW.—Section 241(a) of the Immigration and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4862 CONGRESSIONAL RECORD — SENATE August 3, 2017 Nationality Act (8 U.S.C. 1231(a)) is amend- tablish the alien’s identity and carry out the may not delegate the authority to make or ed— removal order, including making timely ap- renew a certification described in item (II), (A) in paragraph (7), by striking ‘‘Attorney plication in good faith for travel or other (III), or (IV) of subparagraph (B)(ii) to an of- General’’ and inserting ‘‘Secretary of Home- documents necessary to the alien’s depar- ficial below the level of the Director of U.S. land Security’’; ture, or conspiracies or acts to prevent re- Immigration and Customs Enforcement. (B) by redesignating paragraph (7) as para- moval; ‘‘(11) RELEASE ON CONDITIONS.—If it is de- graph (14); and ‘‘(III) the government of the foreign coun- termined that an alien should be released (C) by inserting after paragraph (6) the fol- try of which the alien is a citizen, subject, from detention, the Secretary of Homeland lowing: national, or resident is denying or unreason- Security, in the exercise of discretion, may ‘‘(7) PAROLE.—If an alien detained pursuant ably delaying accepting the return of such impose conditions on release as provided in to paragraph (6) is an applicant for admis- alien after the Secretary asks whether the paragraph (3). sion, the Secretary of Homeland Security, in government will accept an alien under sec- ‘‘(12) REDETENTION.—The Secretary of the Secretary’s discretion, may parole the tion 243(d); or Homeland Security, in the exercise of discre- alien under section 212(d)(5) and may pro- ‘‘(IV) the government of the foreign coun- tion, without any limitations other than vide, notwithstanding section 212(d)(5), that try of which the alien is a citizen, subject, those specified in this section, may again de- the alien shall not be returned to custody national, or resident is refusing to issue any tain any alien subject to a final removal unless either the alien violates the condi- required travel or identity documents to order who is released from custody if the tions of such parole or the alien’s removal allow such alien to return to that country; alien fails to comply with the conditions of becomes reasonably foreseeable, provided ‘‘(ii) until the alien is removed, if the Sec- release or to continue to satisfy the condi- that in no circumstance shall such alien be retary certifies in writing— tions described in subparagraph (8)(A), or if, considered admitted. ‘‘(I) in consultation with the Secretary of upon reconsideration, the Secretary deter- ‘‘(8) ADDITIONAL RULES FOR DETENTION OR Health and Human Services, that the alien mines that the alien can be detained under RELEASE OF CERTAIN ALIENS WHO WERE PRE- has a highly contagious disease that poses a subparagraph (8)(B). Paragraphs (6) through VIOUSLY ADMITTED TO THE UNITED STATES.— threat to public safety; (14) shall apply to any alien returned to cus- ‘‘(A) APPLICATION.—The procedures set out ‘‘(II) after receipt of a written rec- tody pursuant to this subparagraph, as if the under this paragraph— ommendation from the Secretary of State, removal period terminated on the day of the ‘‘(i) apply only to an alien who were pre- that release of the alien is likely to have se- redetention. viously admitted to the United States; and rious adverse foreign policy consequences for ‘‘(13) CERTAIN ALIENS WHO EFFECTED ‘‘(ii) do not apply to any other alien, in- the United States; ENTRY.—If an alien has effected an entry but cluding an alien detained pursuant to para- ‘‘(III) based on information available to the has neither been lawfully admitted nor phys- graph (6). Secretary of Homeland Security (including ically present in the United States continu- ‘‘(B) ESTABLISHMENT OF A DETENTION RE- classified, sensitive, or national security in- ously for the 2-year period immediately prior VIEW PROCESS FOR ALIENS WHO FULLY COOPER- formation, and without regard to the to the commencement of removal pro- ATE WITH REMOVAL.— grounds upon which the alien was ordered re- ceedings under this Act against the alien, ‘‘(i) REQUIREMENT TO ESTABLISH.—For an moved), that there is reason to believe that the Secretary of Homeland Security in the alien who has made all reasonable efforts to the release of the alien would threaten the exercise of discretion may decide not to comply with a removal order and to cooper- national security of the United States; or apply paragraph (8) and detain the alien ate fully with the efforts of the Secretary of ‘‘(IV) that the release of the alien will without any limitations except those which Homeland Security to establish the alien’s threaten the safety of the community or any the Secretary shall adopt by regulation. identity and carry out the removal order, in- person, conditions of release cannot reason- ‘‘(14) JUDICIAL REVIEW.—Without regard to cluding making timely application in good ably be expected to ensure the safety of the the place of confinement, judicial review of faith for travel or other documents nec- community or any person, and either— any action or decision pursuant to paragraph essary to the alien’s departure, and has not ‘‘(aa) the alien has been convicted of 1 or (6) through (14) shall be available exclusively conspired or acted to prevent removal, the more aggravated felonies (as defined in sec- in habeas corpus proceedings instituted in Secretary shall establish an administrative tion 101(a)(43)), 1 or more crimes identified the United States District Court for the Dis- review process to determine whether the by the Secretary of Homeland Security by trict of Columbia, and only if the alien has alien should be detained or released on con- regulation, or 1 or more attempts or conspir- exhausted all administrative remedies (stat- ditions. acies to commit any such aggravated felo- utory and regulatory) available to the alien ‘‘(ii) DETERMINATIONS.—The Secretary nies or such identified crimes, provided that as of right.’’. shall— the aggregate term of imprisonment for such (c) DETENTION OF ALIENS DURING REMOVAL ‘‘(I) make a determination whether to re- attempts or conspiracies is at least 5 years; PROCEEDINGS.— lease an alien described in clause (i) after the or (1) IN GENERAL.—Section 235 of the Immi- end of the alien’s removal period; and ‘‘(bb) the alien has committed 1 or more gration and Nationality Act (8 U.S.C. 1225) is ‘‘(II) in making a determination under sub- violent offenses (but not including a purely amended by adding at the end the following: clause (I), consider any evidence submitted political offense) and, because of a mental ‘‘(e) LENGTH OF DETENTION.— by the alien, and may consider any other evi- condition or personality disorder and behav- ‘‘(1) IN GENERAL.—An alien may be de- dence, including any information or assist- ior associated with that condition or dis- tained under this section while proceedings ance provided by the Department of State or order, the alien is likely to engage in acts of are pending, without limitation, until the other Federal agency and any other informa- violence in the future; or alien is subject to an administratively final tion available to the Secretary pertaining to ‘‘(V) that the release of the alien will order of removal. the ability to remove the alien. threaten the safety of the community or any ‘‘(2) EFFECT ON DETENTION UNDER SECTION ‘‘(9) AUTHORITY TO DETAIN BEYOND THE RE- person, conditions of release cannot reason- 241.—The length of detention under this sec- MOVAL PERIOD.— ably be expected to ensure the safety of the tion shall not affect the validity of any de- ‘‘(A) IN GENERAL.—The Secretary of Home- community or any person, and the alien has tention under section 241. land Security, in the exercise of discretion, been convicted of at least one aggravated fel- ‘‘(f) JUDICIAL REVIEW.—Without regard to without any limitations other than those ony (as defined in section 101(a)(43)); and the place of confinement, judicial review of specified in this section, may continue to de- ‘‘(iii) pending a determination under sub- any action or decision made pursuant to sub- tain an alien for 90 days beyond the removal paragraph (B), if the Secretary has initiated section (e) shall be available exclusively in a period (including any extension of the re- the administrative review process not later habeas corpus proceeding instituted in the moval period as provided in subsection than 30 days after the expiration of the re- United States District Court for the District (a)(1)(C)). moval period (including any extension of the of Columbia and only if the alien has ex- ‘‘(B) LENGTH OF DETENTION.—The Sec- removal period as provided in subsection hausted all administrative remedies (statu- retary, in the exercise of discretion, without (a)(1)(C)). tory and nonstatutory) available to the alien any limitations other than those specified in ‘‘(10) RENEWAL AND DELEGATION OF CERTIFI- as of right.’’. this section, may continue to detain an alien CATION.— (2) CONFORMING AMENDMENTS.—Section 236 beyond the 90 days authorized in subpara- ‘‘(A) RENEWAL.—The Secretary of Home- of the Immigration and Nationality Act (8 graph (A)— land Security may renew a certification U.S.C. 1226) is amended— ‘‘(i) until the alien is removed, if the Sec- under subparagraph (B)(ii) every 6 months (A) in subsection (e), by inserting ‘‘With- retary determines that— without limitation, after providing an oppor- out regard to the place of confinement, judi- ‘‘(I) there is a significant likelihood that tunity for the alien to request reconsider- cial review of any action or decision made the alien will be removed in the reasonably ation of the certification and to submit doc- pursuant to section 235(f) shall be available foreseeable future; uments or other evidence in support of that exclusively in a habeas corpus proceeding in- ‘‘(II) the alien would be removed in the rea- request. If the Secretary does not renew a stituted in the United States District Court sonably foreseeable future, or would have certification, the Secretary may not con- for the District of Columbia, and only if the been removed, but for the alien’s failure or tinue to detain the alien under subparagraph alien has exhausted all administrative rem- refusal to make all reasonable efforts to (B)(ii). edies (statutory and nonstatutory) available comply with the removal order, or to cooper- ‘‘(B) DELEGATION.—Notwithstanding sec- to the alien as of right.’’ at the end; and ate fully with the Secretary’s efforts to es- tion 103, the Secretary of Homeland Security (B) by adding at the end the following:

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‘‘(f) LENGTH OF DETENTION.— zations, and family members to accurately ‘‘(8) ‘particularly severe violation of reli- ‘‘(1) IN GENERAL.—An alien may be de- identify deceased individuals; gious freedom’ means conduct described in tained under this section, without limita- (4) the use of DNA testing and sharing of section 6402(13) of chapter 73 of title 22 of the tion, until the alien is subject to an adminis- such data between U.S. Customs and Border United States Code, and tratively final order of removal. Protection, local and State law enforcement, ‘‘(9) ‘use or recruitment of child soldiers’ ‘‘(2) EFFECT ON DETENTION UNDER SECTION foreign diplomatic and consular posts, and means conduct described in subsection (a) 241.—The length of detention under this sec- nongovernmental organizations to accu- and (d) of section 2442 of chapter 118 of this tion shall not affect the validity of any de- rately identify deceased individuals; title.’’. tention under section 241.’’. (5) the comparison of DNA data with infor- (b) EFFECTIVE DATE.—The amendment (d) ATTORNEY GENERAL’S DISCRETION IN DE- mation on Federal, State, and local missing made by this section shall apply to fraudu- TERMINING COUNTRIES OF REMOVAL.—Section person registries; and lent conduct, misrepresentations, conceal- 241(b) of the Immigration and Nationality (6) the procedures and processes U.S. Cus- Act (8 U.S.C. 1231(b)) is amended— toms and Border Protection has in place for ments, and fraudulent, fictitious, or false (1) in paragraph (1)(C)(iv), by striking the notification of relevant authorities or family statements made or committed before, on, or period at the end and inserting ‘‘, or the At- members after missing persons are identified after the date of enactment of this Act. torney General decides that removing the through DNA testing. SEC. 508. CRIMINAL DETENTION OF ALIENS TO alien to the country is prejudicial to the in- SEC. 507. STATUTE OF LIMITATIONS FOR VISA, PROTECT PUBLIC SAFETY. terests of the United States.’’; NATURALIZATION, AND OTHER (2) in paragraph (2)(E)(vii), by inserting ‘‘or FRAUD OFFENSES INVOLVING WAR (a) IN GENERAL.—Section 3142(e) of title 18, the Attorney General decides that removing CRIMES OR HUMAN RIGHTS VIOLA- United States Code, is amended to read as the alien to one or more of such countries is TIONS. follows: prejudicial to the interests of the United (a) STATUTE OF LIMITATIONS FOR VISA FRAUD AND OTHER OFFENSES.—Chapter 213, ‘‘(e) DETENTION.— States,’’ after ‘‘this subparagraph,’’. ‘‘(1) IN GENERAL.—If, after a hearing pursu- (e) EFFECTIVE DATES AND APPLICATION.— Title 18, United States Code, is amended by adding new section 3302, as follows: ant to the provisions of subsection (f), the ju- (1) AMENDMENTS MADE BY SUBSECTION (B).— dicial officer finds that no condition or com- SEC. 3302. FRAUD IN CONNECTION WITH CER- The amendments made by subsection (b) bination of conditions will reasonably assure shall take effect on the date of the enact- TAIN HUMAN RIGHTS VIOLATIONS OR WAR CRIMES. the appearance of the person as required and ment of this Act, and section 241 of the Im- ‘‘(a) No person shall be prosecuted, tried, the safety of any other person and the com- migration and Nationality Act, as amended or punished for violation of any provision of munity, such judicial officer shall order the by subsection (b), shall apply to— sections 1001 and 1015 of chapter 47, section detention of the person before trial. (A) all aliens subject to a final administra- 1425 of chapter 63, section 1546 of chapter 75, ‘‘(2) PRESUMPTION ARISING FROM OFFENSES tive removal, deportation, or exclusion order section 1621 of chapter 79, and section 2191 of DESCRIBED IN SUBSECTION (F)(1).—In a case de- that was issued before, on, or after the date chapter 212A of title 19 of the United States scribed in subsection (f)(1) of this section, a of the enactment of this Act; and Code, or for attempt or conspiracy to violate rebuttable presumption arises that no condi- (B) acts and conditions occurring or exist- any such sections, when the fraudulent con- tion or combination of conditions will rea- ing before, on, or after the date of the enact- duct, misrepresentation, concealment, or sonably assure the safety of any other person ment of this Act. fraudulent, fictitious, or false statement and the community if such judicial officer (2) AMENDMENTS MADE BY SUBSECTION (C).— concerns the alleged offender’s participation, finds that— The amendments made by subsection (c) at any time, at any place, and irrespective of ‘‘(A) the person has been convicted of a shall take effect upon the date of the enact- the nationality of the alleged offender or any Federal offense that is described in sub- ment of this Act, and sections 235 and 236 of victim, in a human rights violation or war section (f)(1), or of a State or local offense the Immigration and Nationality Act, as crime, or the alleged offender’s membership that would have been an offense described in amended by subsection (c), shall apply to in, service in, or authority over a military, subsection (f)(1) of this section if a cir- any alien in detention under provisions of paramilitary, or police organization that cumstance giving rise to Federal jurisdiction such sections on or after the date of the en- participated in such conduct during any part had existed; actment of this Act. of any period in which the alleged offender ‘‘(B) the offense described in subparagraph SEC. 505. GAO STUDY ON DEATHS IN CUSTODY. was a member of, served in, or had authority (A) was committed while the person was on The Comptroller General of the United over the organization, unless the indictment release pending trial for a Federal, State, or States shall submit to Congress within 6 is found or the information is instituted with local offense; and months after the date of the enactment of 20 years after the commission of the offense, ‘‘(C) a period of not more than 5 years has this Act, a report on the deaths in custody of except that an indictment may be found, or elapsed since the date of conviction or the detainees held by the Department of Home- information instituted, at any time without release of the person from imprisonment, for land Security. The report shall include the limitation if the commission of such human the offense described in subparagraph (A), following information with respect to any rights violation or war crime resulted in the whichever is later. such deaths and in connection therewith: death of any person. ‘‘(3) PRESUMPTION ARISING FROM OTHER OF- (1) Whether any such deaths could have ‘‘(b) For purposes of subsection (a), ‘human FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- been prevented by the delivery of medical rights violation or war crime’ means geno- ARMS, VIOLENCE, OR MINORS.—Subject to re- treatment administered while the detainee is cide, incitement to genocide, war crimes, buttal by the person, it shall be presumed in the custody of the Department of Home- torture, female genital mutilation, that no condition or combination of condi- land Security. extrajudicial killing under color of foreign tions will reasonably assure the appearance (2) Whether Department practice and pro- law, persecution, particularly severe viola- of the person as required and the safety of cedures were properly followed and obeyed. tion of religious freedom by a foreign gov- the community if the judicial officer finds (3) Whether such practice and procedures ernment official, or the use of recruitment of that there is probable cause to believe that are sufficient to protect the health and safe- child soldiers. the person committed— ty of such detainees and ‘‘(c) For purposes of subsection (b), ‘‘(A) an offense for which a maximum term (4) Whether reports of such deaths were ‘‘(1) ‘genocide’ means conduct described in of imprisonment of 10 years or more is pre- made to the Deaths in Custody Reporting section 1091(c) of chapter 50A of this title, scribed in the Controlled Substances Act (21 Program. ‘‘(2) ‘incitement to genocide’ means con- U.S.C. 801 et seq.), the Controlled Substances SEC. 506. GAO STUDY ON MIGRANT DEATHS. duct described in section 1091(c) of chapter Import and Export Act (21 U.S.C. 951 et seq.), Within 120 days of the date of enactment 50A of this title, or chapter 705 of title 46; and by the end of each fiscal year thereafter, ‘‘(3) ‘war crimes’ means conduct described ‘‘(B) an offense under section 924(c), 956(a), the Comptroller General of the United States in subsections (c) and (d) of section 2441 of or 2332b of this title; shall submit to the Committee on the Judici- chapter 118 of this title, ‘‘(C) an offense listed in section ary and Committee on Homeland Security ‘‘(4) ‘torture’ means conduct described in 2332b(g)(5)(B) of this title for which a max- and Governmental Affairs of the Senate and subsections (1) and (2) of section 2340 of chap- imum term of imprisonment of 10 years or the Committee on the Judiciary and Com- ter 113C of this title, more is prescribed; or mittee on Homeland Security of the House, a ‘‘(5) ‘female genital mutilation’ means con- ‘‘(D) an offense involving a minor victim report on: duct described in section 116 of chapter 7 of under section 1201, 1591, 2241, 2242, 2244(a)(1), (1) the total number of migrant deaths this title, 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), along the southern border in the last 5 years; ‘‘(6) ‘extrajudicial killing under color of 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), (2) the total number of unidentified de- foreign law’ means conduct specified in sec- 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this ceased migrants found along the southern tion 1182(a)(3)(E)(iii) of chapter 12 of title 8 of title. border; the United States Code, ‘‘(4) PRESUMPTION ARISING FROM OFFENSES (3) the level of cooperation between U.S. ‘‘(7) ‘persecution’ means conduct that is a RELATING TO IMMIGRATION LAW.—Subject to Customs and Border Protection, local and bar to relief under section 1158(b)(2)(A)(i) of rebuttal by the person, it shall be presumed State law enforcement, foreign diplomatic chapter 12 of title 8 of the United States that no condition or combination of condi- and consular posts, nongovernmental organi- Code, tions will reasonably assure the appearance

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4864 CONGRESSIONAL RECORD — SENATE August 3, 2017 of the person as required if the judicial offi- ‘‘2332c. Recruitment of persons to participate section 2441(d)(1)(F) of title 18, United States cer finds that there is probable cause to be- in terrorism.’’. Code.’’. lieve that the person is an alien and that the SEC. 510. BARRING AND REMOVING PERSECU- ‘‘(vi) SYSTEMATIC.—In this subparagraph, person— TORS, WAR CRIMINALS, AND PAR- the term ‘systematic’ means the commission ‘‘(A) has no lawful immigration status in TICIPANTS IN CRIMES AGAINST HU- of a series of acts following a regular pattern the United States; MANITY FROM THE UNITED STATES. and occurring in an organized, non-random ‘‘(B) is the subject of a final order of re- (a) INADMISSIBILITY OF PERSECUTORS, WAR manner. CRIMINALS, AND PARTICIPANTS IN CRIMES moval; or ‘‘(vii) WIDESPREAD.—In this subparagraph, ‘‘(C) has committed a felony offense under AGAINST HUMANITY.—Subparagraph (E) of the term ‘widespread’ means either a single, section 212(a)(3) of the Immigration and Na- section 842(i)(5), 911, 922(g)(5), 1015, 1028, large scale act or a series of acts directed tionality Act (8 U.S.C. 1182(a)(3)(E)) is 1028A, 1425, or 1426 of this title, or any sec- against a substantial number of victims. amended— tion of chapters 75 and 77 of this title, or sec- ‘‘(viii) SUPERIOR COMMANDER.—The term (1) by striking the subparagraph heading tion 243, 274, 275, 276, 277, or 278 of the Immi- ‘superior commander’ means— and inserting ‘‘PARTICIPANTS IN PERSECUTION gration and Nationality Act (8 U.S.C. 1253, ‘‘(I) a military commander or a person (INCLUDING NAZI PERSECUTIONS), GENOCIDE, 1324, 1325, 1326, 1327, and 1328).’’. with effective control of military forces or WAR CRIMES, CRIMES AGAINST HUMANITY, OR (b) IMMIGRATION STATUS AS FACTOR IN DE- an armed group; THE COMMISSION OF ANY ACT OF TORTURE OR TERMINING CONDITIONS OF RELEASE.—Section ‘‘(II) who knew or should have known that EXTRAJUDICIAL KILLING.—’’; and 3142(g)(3) of title 18, United States Code, is (2) by adding after subclause (iii) the fol- a subordinate or someone under his or her ef- amended— lowing: fective control is committing acts described (1) in subparagraph (A), by striking ‘‘and’’ in subsection (a), is about to commit such ‘‘(iv) PERSECUTORS, WAR CRIMINALS, AND at the end; and acts, or had committed such acts; and PARTICIPANTS IN CRIMES AGAINST HUMANITY.— (2) by adding at the end the following: Any alien, including those who are superior ‘‘(III) who fails to take the necessary and ‘‘(C) whether the person is in a lawful im- commanders, who committed, ordered, in- reasonable measures to prevent such acts or, migration status, has previously entered the cited, assisted, or otherwise participated in a for acts that have been committed, to punish United States illegally, has previously been war crime as defined in section 2441(c) of the perpetrators thereof.’’ removed from the United States, or has oth- title 18, United States Code, a crime against (3) by revising in clause (iii)(II) the fol- erwise violated the conditions of his or her humanity, or in the persecution of any per- lowing: lawful immigration status; and’’. son on account of race, religion, nationality, (A) by deleting ‘‘ of any foreign nation’’, SEC. 509. RECRUITMENT OF PERSONS TO PAR- membership in a particular social group, or and TICIPATE IN TERRORISM. political opinion, is inadmissible. (B) by inserting after ‘‘is inadmissible’’ the (a) IN GENERAL.—Chapter 113B of title 18, ‘‘(v) CRIME AGAINST HUMANITY DEFINED.—In following clause: United States Code, is amended by inserting this subparagraph, the term ‘crime against ‘‘(III) Color of law. For purposes of this after section 2332b the following: humanity’ means conduct that is part of a subsection and subsection 237(a)(4)(D) only, ‘‘§ 2332c. Recruitment of persons to partici- widespread and systematic attack targeting acting under ‘color of law’ includes acts pate in terrorism any civilian population, and with knowledge taken as part of an armed group exercising de facto authority.’’. ‘‘(a) OFFENSES.— that the conduct was part of the attack or (b) BARRING WAIVER OF INADMISSIBILITY ‘‘(1) IN GENERAL.—It shall be unlawful for with the intent that the conduct be part of any person to employ, solicit, induce, com- the attack— FOR PERSECUTORS.—Subparagraph (A) of sec- mand, or cause another person to commit an ‘‘(I) that, if such conduct occurred in the tion 212(d)(3) of the Immigration and Nation- act of domestic terrorism or international United States or in the special maritime and ality Act (8 U.S.C. 1182(d)(3)(A)) is amended terrorism or a Federal crime of terrorism, territorial jurisdiction of the United States, by striking ‘‘and clauses (i) and (ii) of para- with the intent that the other person com- would violate— graph (3)(E)’’ both places that term appears mit such act or crime of terrorism. ‘‘(aa) section 1111 of title 18, United States and inserting ‘‘and (3)(E)’’. ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be Code (relating to murder); (c) REMOVAL OF PERSECUTORS.—Subpara- unlawful for any person to attempt or con- ‘‘(bb) section 1201(a) of title 18, United graph (D) of section 237(a)(4) of the Immigra- spire to commit an offense under paragraph States Code (relating to kidnapping); tion and Nationality Act (8 U.S.C. (1). ‘‘(cc) section 1203(a) of title 18, United 1227(a)(4)(D)) is amended— ‘‘(b) PENALTIES.—Any person who violates States Code (relating to hostage taking), (1) by striking ‘‘NAZI’’ in the subparagraph subsection (a)— notwithstanding any exception under sub- heading; and ‘‘(1) in the case of an attempt or con- section (b) of such section 1203; (2) by striking ‘‘or (iii)’’ and inserting spiracy, shall be fined under this title, im- ‘‘(dd) section 1581(a) of title 18, United ‘‘(iii), or (iv)’’; prisoned not more than 10 years, or both; States Code (relating to peonage); (3) by inserting after subsection (g), as re- ‘‘(2) if death of an individual results, shall ‘‘(ee) section 1583(a)(1) of title 18, United designated by Title VIII of this Act, the fol- be fined under this title, punished by death States Code (relating to kidnapping or car- lowing: or imprisoned for any term of years or for rying away individuals for involuntary ser- ‘‘(H) Participation in female genital muti- life, or both; vitude or slavery); lation. Any alien who has committed, or- ‘‘(3) if serious bodily injury to any indi- ‘‘(ff) section 1584(a) of title 18, United dered, incited, assisted, or otherwise partici- vidual results, shall be fined under this title, States Code (relating to sale into involun- pated in female genital mutilation, is de- imprisoned not less than 10 years nor more tary servitude); portable.’’. than 25 years, or both; and ‘‘(gg) section 1589(a) of title 18, United (d) SEVERE VIOLATIONS OF RELIGIOUS FREE- ‘‘(4) in any other case, shall be fined under States Code (relating to forced labor); DOM.—Section 212(a)(2)(G) of the Immigra- this title, imprisoned not more than 10 ‘‘(hh) section 1590(a) of title 18, United tion and Nationality Act (8 U.S.C. years, or both. States Code (relating to trafficking with re- 1182(a)(2)(G) is amended— ‘‘(c) RULE OF CONSTRUCTION.—Nothing in spect to peonage, slavery, involuntary ser- (1) in the header, by striking ‘‘Foreign gov- this section shall be construed or applied so vitude, or forced labor); ernment officials’’ and replacing it with as to abridge the exercise of rights guaran- ‘‘(ii) section 1591(a) of title 18, United ‘‘Any persons’’; and teed under the First Amendment to the Con- States Code (relating to sex trafficking of (2) by striking ‘‘, while serving as a foreign stitution of the United States. children or by force, fraud, or coercion); government official,’’. ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT ‘‘(jj) section 2241(a) of title 18, United (e) BARRING PERSECUTORS FROM ESTAB- NOT A DEFENSE.—It is not a defense under States Code (relating to aggravated sexual LISHING GOOD MORAL CHARACTER.—Section this section that the act of domestic ter- abuse by force or threat); or 101(f) of the Immigration and Nationality rorism or international terrorism or Federal ‘‘(kk) section 2242 of title 18, United States Act (8 U.S.C. 1101(f)) is amended— crime of terrorism that is the object of the Code (relating to sexual abuse); (1) in paragraph (9), by striking ‘‘killings) employment, solicitation, inducement, com- ‘‘(II) that would constitute torture as de- or 212(a)(2)(G) (relating to severe violations manding, or causing has not been done. fined in section 2340(1) of title 18, United of religious freedom).’’ and inserting ‘‘(e) DEFINITIONS.—In this section— States Code; ‘‘killings), 212(a)(2)(G) (relating to severe ‘‘(1) the term ‘Federal crime of terrorism’ ‘‘(III) that would constitute cruel or inhu- violations of religious freedom), or has the meaning given that term in section man treatment as described in section 212(a)(3)(G) (relating to recruitment and use 2332b; and 2441(d)(1)(B) of title 18, United States Code; of child soldiers);’’; and ‘‘(2) the term ‘serious bodily injury’ has ‘‘(IV) that would constitute performing bi- (2) by inserting after paragraph (9) the fol- the meaning given that term in section ological experiments as described in section lowing: 1365(h).’’. 2441(d)(1)(C) of title 18, United States Code; ‘‘(10) one who at any time committed, or- (b) TABLE OF SECTIONS AMENDMENT.—The ‘‘(V) that would constitute mutilation or dered, incited, assisted, or otherwise partici- table of sections at the beginning of chapter maiming as described in section 2441(d)(1)(E) pated in the persecution of any person on ac- 113B of title 18, United States Code, is of title 18, United States Code; or count of race, religion, nationality, member- amended by inserting after the item relating ‘‘(VI) that would constitute intentionally ship in a particular social group, or political to section 2332b the following: causing serious bodily injury as described in opinion is inadmissible; or’’.

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(f) INCREASING CRIMINAL PENALTIES FOR the members of which engage, or have en- (c) DEPORTABILITY.—Paragraph (2) of sec- ANYONE WHO AIDS AND ABETS THE ENTRY OF gaged within the past 5 years, in a con- tion 237(a) of the Immigration and Nation- A PERSECUTOR.—Section 277 of the Immigra- tinuing series of such offenses; or ality Act (8 U.S.C. 1227(a)(2)) is amended by tion and Nationality Act (8 U.S.C. 1327) is ‘‘(ii) has been designated as a criminal adding at the end the following: amended by striking ‘‘(other than subpara- gang by the Secretary of Homeland Security, ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL graph (E) thereof)’’. in consultation with the Attorney General, GANGS.—Any alien who the Secretary of (g) INCREASING CRIMINAL PENALTIES FOR as meeting criteria set out in clause (i). Homeland Security or the Attorney General FEMALE GENITAL MUTILATION.—Section 116 of ‘‘(B) The offenses described under this sub- knows or has reason to believe— Title 18, U.S.C. is amended— paragraph, whether in violation of Federal or ‘‘(i) is or has been a member of a criminal (1) in subsection (a), by striking ‘‘shall be State law or the law of a foreign country and gang (as defined in section 101(a)(53)), or fined under this title or imprisoned not more regardless of whether the offenses occurred ‘‘(ii) has participated in the activities of a than 5 years, or both’’ at the end, and insert- before, on, or after the date of the enactment criminal gang (as defined in section ing the following: of the Building America’s Trust Act, are the 101(a)(53)) knowing or having reason to know following: that such activities will promote, further, ‘‘(i) A felony drug offense (as that term is aid, or support the illegal activity of the ‘‘has engaged in a violent crime against chil- defined in section 102 of the Controlled Sub- criminal gang, dren under section 3559(f)(3) of this title and stances Act (21 U.S.C. 802)). is deportable.’’. shall be imprisoned for life or for any term of ‘‘(ii) An offense involving illicit trafficking (d) DESIGNATION OF CRIMINAL GANGS.— years not less than 10. in a controlled substance (as defined in sec- (1) IN GENERAL.—Chapter 2 of title II of the (2) in subsection (d), by striking ‘‘shall be tion 102 of the Controlled Substances Act), Immigration and Nationality Act (8 U.S.C. fined under this title or imprisoned not more including a drug trafficking crime (as de- 1181 et seq.) is amended by adding at the end than 5 years, or both.’’ at the end, and in- fined in section 924(c) of title 18, United the following: serting the following: States Code). ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. ‘‘(iii) An offense under section 274 (relating ‘‘(a) IN GENERAL.—The Secretary of Home- to bringing in and harboring certain aliens), land Security, in consultation with the At- ‘‘shall be imprisoned for life or for any term section 277 (relating to aiding or assisting torney General, and the Secretary of State of years not less than 10.’’. certain aliens to enter the United States), or may designate a group or association as a (h) MATERIAL SUPPORT IN THE RECRUITMENT section 278 (relating to importation of alien criminal gang if their conduct is described in OR USE OF CHILD SOLDIERS.— for immoral purpose). section 101(a)(53) or if the group’s or associa- (1) Section 212(a)(3)(G) of the Immigration ‘‘(iv) Any offense under Federal, State, or tion’s conduct poses a significant risk that and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is Tribal law, that has, as an element, the use threatens the security and the public safety amended by inserting after the ‘‘18,’’ the fol- or attempted use of physical force or the of United States nationals or the national lowing new clause: threatened use of physical force or a deadly security, homeland security, foreign policy, weapon. or economy of the United States. ‘‘(v) Any offense that has as an element ‘‘(b) EFFECTIVE DATE.—Designations under ‘‘or has provided material support in the re- the use, attempted use, or threatened use of subsection (a) shall remain in effect until cruitment or use of child soldiers in viola- any physical object to inflict or cause (either the designation is revoked after consultation tion of section 2339A of title 18,’’. directly or indirectly) serious bodily injury, between the Secretary of Homeland Secu- (2) DEPORTABILITY.—Section 237(a)(4)(G) of including an injury that may ultimately re- rity, the Attorney General, and the Sec- the Immigration and Nationality Act (8 sult in the death of a person. retary of State or is terminated in accord- U.S.C. 1227(a)(4)(G)), as amended by Title ‘‘(vi) An offense involving obstruction of ance with Federal law.’’. VIII of this Act, is amended by inserting justice, tampering with or retaliating (2) CLERICAL AMENDMENT.—The table of after the ‘‘18,’’ the following new clause: against a witness, victim, or informant, or contents in the first section of the Immigra- burglary. tion and Nationality Act is amended by in- ‘‘(vii) Any conduct punishable under sec- serting after the item relating to section 219 ‘‘or has provided material support in the re- tion 1028 or 1029 of title 18, United States the following: cruitment or use of child soldiers in viola- Code (relating to fraud and related activity ‘‘220. Designation of criminal gangs.’’ tion of section 2339A of title 18,’’. in connection with identification documents (e) ANNUAL REPORT ON DETENTION OF CRIMI- (i) FEMALE GENITAL MUTILATION.—Section or access devices), sections 1581 through 1594 NAL GANG MEMBERS.—Not later than March 1 212(a)(3) of the Immigration and Nationality of such title (relating to peonage, slavery of each year (beginning 1 year after the date Act (8 U.S.C. 1182(a)(3)) is amended by adding and trafficking in persons), section 1952 of of the enactment of this Act), the Secretary, at the end the following: such title (relating to interstate and foreign after consultation with the heads of appro- ‘‘(H) PARTICIPATION IN FEMALE GENITAL MU- travel or transportation in aid of racket- priate Federal agencies, shall submit to the TILATION.—Any alien who has ordered, in- eering enterprises), section 1956 of such title Committee on Homeland Security and Gov- cited, assisted, or otherwise participated in (relating to the laundering of monetary in- ernmental Affairs and the Committee on the female genital mutilation, is inadmissible.’’. struments), section 1957 of such title (relat- Judiciary of the Senate and the Committee (j) TECHNICAL AMENDMENTS.— ing to engaging in monetary transactions in on Homeland Security and the Committee on (1) SECTION 101(A)(42).—Section 101(a)(42) of property derived from specified unlawful ac- the Judiciary of the House of Representa- the Immigration and Nationality Act (8 tivity), or sections 2312 through 2315 of such tives a report on the number of aliens de- U.S.C. 1101(a)(42)) is amended by inserting title (relating to interstate transportation of tained who are described by subparagraph (J) ‘‘committed,’’ before ‘‘ordered’’. stolen motor vehicles or stolen property). of section 212(a)(2) and subparagraph (G) of (2) SECTION 208(B)(2)(A)(I).—Section ‘‘(viii) A conspiracy to commit an offense section 237(a)(2) of the Immigration and Na- 208(b)(2)(A)(i) of the Immigration and Na- described in clauses (i) through (v). tionality Act (8 U.S.C. 1182(a)(2)(J, tionality Act (8 U.S.C. 1158(b)(2)(A)(i)) is ‘‘(C) Notwithstanding any other provision 1227(a)(2)(G)), as added by subsections (b) and amended by inserting ‘‘committed,’’ before of law (including any effective date), a (c). ‘‘ordered’’. group, club, organization, or association (f) ASYLUM CLAIMS BASED ON GANG AFFILI- (3) SECTION 241(B)(3)(B)(I).—Section shall be considered a criminal gang regard- ATION.— 241(b)(3)(B)(i) of the Immigration and Na- less of whether the conduct occurred before, (1) INAPPLICABILITY OF RESTRICTION ON RE- tionality Act (8 U.S.C. 1231(b)(3)(B)(i)) is on, or after the date of the enactment of the MOVAL TO CERTAIN COUNTRIES.—Subparagraph amended by inserting ‘‘committed,’’ before Building America’s Trust Act.’’. (B) of section 241(b)(3) of the Immigration ‘‘ordered’’. (b) INADMISSIBILITY.—Paragraph (2) of sec- and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is (k) EFFECTIVE DATE.—The amendments tion 212(a) of the Immigration and Nation- amended, in the matter preceding clause (i), made by this section shall apply to any of- ality Act (8 U.S.C. 1182(a)(2)) is amended by by inserting ‘‘who is described in section fense committed before, on, or after the date adding at the end the following: 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who of enactment of this Act. ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL is’’ after ‘‘to an alien’’. SEC. 511. GANG MEMBERSHIP, REMOVAL, AND IN- GANGS.—Any alien is inadmissible who a con- (2) INELIGIBILITY FOR ASYLUM.—Subpara- CREASED CRIMINAL PENALTIES RE- sular officer, the Secretary of Homeland Se- graph (A) of section 208(b)(2) of the Immigra- LATED TO GANG VIOLENCE. curity, or the Attorney General knows or has tion and Nationality Act (8 U.S.C. (a) DEFINITION OF CRIMINAL GANG.—Section reason to believe— 1158(b)(2)(A)) is amended— 101(a) of the Immigration and Nationality ‘‘(i) to be or to have been a member of a (A) in clause (v), by striking ‘‘or’’ at the Act (8 U.S.C. 1101(a)) is amended by inserting criminal gang (as defined in section end; after subparagraph (52) the following: 101(a)(53)); or (B) by redesignating clause (vi) as clause ‘‘(53)(A) The term ‘criminal gang’ means an ‘‘(ii) to have participated in the activities (vii); and ongoing group, club, organization, or asso- of a criminal gang (as defined in section (C) by inserting after clause (v) the fol- ciation of 5 or more persons that— 101(a)(53)), knowing or having reason to lowing: ‘‘(i) has as one of its primary purposes the know that such activities will promote, fur- ‘‘(vi) the alien is described in section commission of 1 or more of the criminal of- ther, aid, or support the illegal activity of 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relat- fenses set out under subparagraph (B) and the criminal gang.’’. ing to participation in criminal gangs); or’’.

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(g) TEMPORARY PROTECTED STATUS.—Sec- this Act and apply to any conviction entered under any law of, or who admits having com- tion 244 of the Immigration and Nationality on or after such date. mitted or admits committing acts which Act (8 U.S.C. 1254a) is amended— (c) DEPORTATION FOR DRIVING WHILE IN- constitute the essential elements of, any law (1) by striking ‘‘Attorney General’’ each TOXICATED OR UNDER THE INFLUENCE.— relating to purchasing, selling, offering for place that term appears and inserting ‘‘Sec- (1) IN GENERAL.—Paragraph (2) of section sale, exchanging, using, owning, possessing, retary’’; 237(a) of the Immigration and Nationality or carrying, or of attempting or conspiring (2) in subsection (c)(2)(B)— Act (8 U.S.C. 1227(a)(2)), as amended by sec- to purchase, sell, offer for sale, exchange, (A) in clause (i), by striking ‘‘States, or’’ tion 507, is further amended by adding at the use, own, possess, or carry, any weapon, part, and inserting ‘‘States;’’; end the following: or accessory which is a firearm or destruc- (B) in clause (ii), by striking the period at ‘‘(H) DRIVING WHILE INTOXICATED AND WHILE tive device (as defined in section 921(a) of UNLAWFULLY PRESENT IN THE UNITED the end and inserting ‘‘; or’’; and title 18, United States Code) in violation of STATES.—An alien is deportable who— (C) by adding at the end the following: any law is inadmissible. ‘‘(i) at the time of commission of the of- ‘‘(iii) the alien is, or at any time after ad- ‘‘(N) AGGRAVATED FELONS.—Any alien who fense is unlawfully present in the United mission has been, an alien described in sec- has been convicted of an aggravated felony tion 212(a)(2)(J)(i) or section 237(a)(2)(G)(i).’’. States because the alien entered without inspection or admission, overstayed the period as defined in section 101(a)(43) at any time is (h) EFFECTIVE DATE AND APPLICATION.—The inadmissible. amendments made by this section shall take of stay authorized by the Secretary, or violated the terms of the alien’s nonimmigrant ‘‘(O) HIGH SPEED FLIGHT.—Any alien who effect on the date of the enactment of this has been convicted of a violation of section Act and shall apply to acts that occur before, visa; and ‘‘(ii) is convicted of driving while intoxi- 758 of title 18, United States Code, (relating on, or after the date of the enactment of this to high speed flight from an immigration Act. cated, driving under the influence, or similar violation of State law.’’. checkpoint) is inadmissible. SEC. 512. BARRING ALIENS WITH CONVICTIONS (2) APPLICATION.—The amendment made by ‘‘(P) FAILURE TO REGISTER AS A SEX OF- FOR DRIVING UNDER THE INFLU- paragraph (1) shall take effect on the date of FENDER.—Any alien convicted under section ENCE OR WHILE INTOXICATED. the enactment of this Act and apply to any 2250 of title 18, United States Code is inad- (a) AGGRAVATED FELONY DRIVING WHILE IN- conviction entered on or after such date. missible. TOXICATED.— (d) GOOD MORAL CHARACTER BAR FOR DUI ‘‘(Q) CRIMES OF DOMESTIC VIOLENCE, STALK- (1) DEFINITIONS.—Section 101(a)(43) of the OR DWI CONVICTIONS.— ING, OR VIOLATION OF PROTECTION ORDERS; Immigration and Nationality Act (8 U.S.C. (1) IN GENERAL.—Section 101(f) of the Immi- CRIMES AGAINST CHILDREN.— 1101(a)(43)) is amended— gration and Nationality Act (8 U.S.C. 1101(f)), ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND (A) in subparagraph (T), by striking ‘‘and’’; as amended by section 506, is further amend- CHILD ABUSE.— (B) in subparagraph (U), by striking the pe- ed by inserting after paragraph (1) the fol- ‘‘(I) IN GENERAL.—Any alien who at any riod at the end and inserting ‘‘; and’’; and lowing: time is or has been convicted of a crime in- (C) by inserting after subparagraph (U) the ø‘‘(2) inadmissible under section volving the use or attempted use of physical following: 212(a)(2)(K) or deportable under section force, or threatened use of a deadly weapon, ‘‘(V) a single conviction for driving while 237(a)(2)(H);¿ a crime of domestic violence, a crime of ø intoxicated (including a conviction for driv- ‘‘(e) TECHNICAL AND CONFORMING AMEND- stalking, or a crime of child abuse, child ne- ing while under the influence of or impaired MENTS.—Subsection (h) of section 212 of the glect, or child abandonment is inadmissible. by alcohol or drugs), when such impaired Immigration and Nationality Act (8 U.S.C. ‘‘(II) CRIME OF DOMESTIC VIOLENCE DE- driving was the cause of the serious bodily 1182(h)) is amended—¿ FINED.—For purposes of this clause, the term injury or death of another person or a second ø‘‘(1) by inserting ‘or the Secretary’ after ‘crime of domestic violence’ means any or subsequent conviction for driving while ‘the Attorney General’ each place such term crime of violence or any offense under Fed- intoxicated (including a conviction for driv- appears; and¿ eral, State, or Tribal law, that has, as an ele- ing under the influence of or impaired by al- ø‘‘(2) in the matter preceding paragraph ment, the use or attempted use of physical cohol or drugs), without regard to whether (1), by striking ‘and (E)’ and inserting ‘(E), force or the threatened use of physical force the conviction is classified as a misdemeanor and (K)’.’’.¿ or a deadly weapon against a person com- or felony under State law. For purposes of ø(2) APPLICATION.—The amendment made mitted by a current or former spouse of the this paragraph, the Secretary of Homeland by paragraph (1) shall take effect on the date Security or the Attorney General are not re- of the enactment of this Act and apply to person, by an individual with whom the per- quired to prove the first conviction for driv- any conviction entered on or after such son shares a child in common, by an indi- ing while intoxicated (including a conviction date.¿ vidual who is cohabiting with or has for driving while under the influence of or SEC. 513. BARRING AGGRAVATED FELONS, BOR- cohabited with the person as a spouse, by an impaired by alcohol or drugs) as a predicate DER CHECKPOINT RUNNERS, AND individual similarly situated to a spouse of offense and need only make a factual deter- SEX OFFENDERS FROM ADMISSION the person under the domestic or family vio- TO THE UNITED STATES. mination that the alien was previously con- lence laws of the jurisdiction where the of- (a) INADMISSIBILITY ON CRIMINAL AND RE- victed for driving while intoxicated (includ- fense occurs, or by any other individual LATED GROUNDS; WAIVERS.—Section 212 of ing a conviction for driving while under the against a person who is protected from that the Immigration and Nationality Act (8 individual’s acts under the domestic or fam- influence of or impaired by alcohol or U.S.C. 1182) is amended— drugs).’’. ily violence laws of the United States or any (1) in subsection (a)(2)— State, Indian tribal government, or unit of (2) EFFECTIVE DATE AND APPLICATION.—The (A) in subparagraph (A)(i)— amendments made by this section shall take local government. (i) in subclause (I), by striking ‘‘, or’’ and ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— effect on the date of the enactment of this inserting a semicolon; ‘‘(I) IN GENERAL.—Any alien who at any Act and apply to any conviction entered on (ii) in subclause (II), by striking the or after such date. time is or has been enjoined under a protec- comma at the end and inserting ‘‘; or’’; and tion order issued by a court and whom the (b) INADMISSIBILITY FOR DRIVING WHILE IN- (iii) by inserting after subclause (II) the court determines has engaged in conduct TOXICATED OR UNDER THE INFLUENCE.— following: that violates the portion of a protection (1) IN GENERAL.—Paragraph (2) of section ‘‘(III) a violation of (or a conspiracy or at- order that involves protection against cred- 212(a) of the Immigration and Nationality tempt to violate) any statute relating to sec- ible threats of violence, repeated harass- Act (8 U.S.C. 1182(a)(2)), as amended by section 208 of the Social Security Act (42 U.S.C. ment, or bodily injury to the person or per- tion 507, is further amended by adding at the 408) (relating to social security account num- end the following: bers or social security cards) or section 1028 sons for whom the protection order was ‘‘(K) DRIVING WHILE INTOXICATED AND UN- of title 18, United States Code (relating to issued is inadmissible. LAWFULLY PRESENT IN THE UNITED STATES.— fraud and related activity in connection with ‘‘(II) PROTECTIVE ORDER DEFINED.—In this An alien who— identification documents, authentication clause, the term ‘protection order’ means ‘‘(i) is convicted of driving while intoxi- features, and information);’’; and any injunction issued for the purpose of pre- cated, driving under the influence, or similar (B) by inserting after subparagraph (K), as venting violent or threatening acts of vio- violation of State law, and added by section 508, the following: lence that involve the use or attempted use ‘‘(ii) at the time of the commission of that ‘‘(L) CITIZENSHIP FRAUD.—Any alien con- of physical force, or threatened use of a offense was unlawfully present in the United victed of, or who admits having committed, deadly weapon, committed by a current or States because the alien entered without in- or who admits committing acts which con- former spouse, parent, or guardian of the vic- spection or admission, overstayed the period stitute the essential elements of, a violation tim, by a person with whom the victim of stay authorized by the Secretary, or vio- of, or an attempt or a conspiracy to violate, shares a child in common, by a person who is lated the terms of the alien’s nonimmigrant subsection (a) or (b) of section 1425 of title 18, cohabiting with or has cohabited with the visa, United States Code, (relating to the procure- victim as a spouse, parent, or guardian, or by is inadmissible.’’. ment of citizenship or naturalization unlaw- a person similarly situated to a spouse, par- (2) EFFECTIVE DATE AND APPLICATION.—The fully) is inadmissible. ent, or guardian of the victim, including amendments made by paragraph (1) shall ‘‘(M) CERTAIN FIREARM OFFENSES.—Any temporary or final orders issued by civil or take effect on the date of the enactment of alien who at any time has been convicted criminal courts (other than support or child

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4867 custody orders or provisions) whether ob- connection with identification), is deport- disobeys the lawful command of an officer of tained by filing an independent action or as able.’’. the Department of Homeland Security en- an independent order in another proceeding. (d) APPLICABILITY.—The amendments made gaged in the enforcement of the immigra- ‘‘(iii) WAIVER AUTHORIZED.—For provision by this section shall apply to— tion, customs, or maritime laws, or the law- authorizing waiver of this subparagraph, see (1) any act that occurred before, on, or ful command of any law enforcement agent subsection (o).’’; and after the date of the enactment of this Act; assisting such officer, shall be fined under (2) in subsection (h)— (2) all aliens who are required to establish this title, imprisoned not more than 2 years, (A) in the matter preceding paragraph (1), admissibility on or after such date of enact- or both. as amended by this Act, by further amended ment; and ‘‘(c) ALTERNATIVE PENALTIES.—Notwith- by striking ‘‘, and (K)’’, and inserting ‘‘(K), (3) all removal, deportation, or exclusion standing the penalties provided in subsection and (M)’’; proceedings that are filed, pending, or re- (a) or (b), any person who violates such sub- (B) in the matter following paragraph (2)— opened, on or after such date of enactment. section shall— (i) by striking ‘‘torture.’’ and inserting (e) CONSTRUCTION.—The amendments made ‘‘(1) be fined under this title, imprisoned ‘‘torture, or has been convicted of an aggra- by this section shall not be construed to cre- not more than 10 years, or both, if the viola- vated felony.’’; and ate eligibility for relief from removal under tion involved the operation of a motor vehi- (ii) by striking ‘‘if either since the date of former section 212(c) of the Immigration and cle, aircraft, or vessel— such admission the alien has been convicted Nationality Act (8 U.S.C. 1182(c)) if such eli- ‘‘(A) in excess of the applicable or posted of an aggravated felony or the alien’’ and in- gibility did not exist before the date of en- speed limit, serting ‘‘if since the date of such admission actment of this Act. ‘‘(B) in excess of the rated capacity of the the alien’’. SEC. 514. PROTECTING IMMIGRANTS FROM CON- motor vehicle, aircraft, or vessel, or (3) by adding new subsection (o) to read as VICTED SEX OFFENDERS. ‘‘(C) in an otherwise dangerous or reckless follows— (a) IMMIGRANTS.—Section 204(a)(1) of the manner; ‘‘(o) WAIVER FOR VICTIMS OF DOMESTIC VIO- Immigration and Nationality Act (8 U.S.C. ‘‘(2) be fined under this title, imprisoned LENCE.— 1154(a)(1)), is amended— not more than 20 years, or both, if the viola- ‘‘(1) IN GENERAL.—The Secretary of Home- (1) in subparagraph (A), by amending tion created a substantial and foreseeable land Security or Attorney General is not clause (viii) to read as follows: risk of serious bodily injury or death to any limited by the criminal court record and ‘‘(viii) Clause (i) shall not apply to a cit- person; may waive the application of paragraph izen of the United States who has been con- ‘‘(3) be fined under this title, imprisoned (2)(Q)(i) (with respect to crimes of domestic victed of an offense described in subpara- not more than 30 years, or both, if the viola- violence and crimes of stalking) and (ii) in graph (A), (I), or (K) of section 101(a)(43) or a tion caused serious bodily injury to any per- the case of an alien who has been battered or specified offense against a minor as defined son; or subjected to extreme cruelty and who is not in section 111 of the Adam Walsh Child Pro- ‘‘(4) be fined under this title, imprisoned and was not the primary perpetrator of vio- tection and Safety Act of 2006 (42 U.S.C. for any term of years or life, or both, if the lence in the relationship upon a determina- 16911(7)), unless the Secretary of Homeland violation resulted in the death of any person. tion that— Security, in the Secretary’s sole and ‘‘(d) ATTEMPT AND CONSPIRACY.—Any per- ‘‘(A) the alien was acting in self-defense; unreviewable discretion, determines that the son who attempts or conspires to commit any offense under this section shall be pun- ‘‘(B) the alien was found to have violated a citizen poses no risk to the alien with re- ished in the same manner as a person who protection order intended to protect the spect to whom a petition described in clause completes the offense. alien; or (i) is filed.’’; and ‘‘(e) FORFEITURE.—Any property, real or ‘‘(C) the alien committed, was arrested for, (2) in subparagraph (B)(i)— personal, constituting or traceable to the was convicted of, or pled guilty to commit- (A) by redesignating the second subclause gross proceeds of the offense and any prop- ting a crime— (I) as subclause (II); and erty, real or personal, used or intended to be ‘‘(i) that did not result in serious bodily in- (B) by amending such subclause (II) to read used to commit or facilitate the commission jury; and as follows: ‘‘(II) Subclause (I) shall not apply in the of the offense shall be subject to forfeiture. ‘‘(ii) where there was a connection between ‘‘(f) FORFEITURE PROCEDURES.—Seizures case of an alien lawfully admitted for perma- the crime and the alien’s having been bat- and forfeitures under this section shall be nent residence who has been convicted of an tered or subjected to extreme cruelty. governed by the provisions of chapter 46 of offense described in subparagraph (A), (I), or ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In this title, relating to civil forfeitures, in- (K) of section 101(a)(43) or a specified offense acting on applications under this paragraph, cluding section 981(d), except that such du- against a minor as defined in section 111 of the Secretary of Homeland Security or At- ties as are imposed upon the Secretary of the the Adam Walsh Child Protection and Safety torney General shall consider any credible Treasury under the customs laws described Act of 2006 (42 U.S.C. 16911(7)), unless the Sec- evidence relevant to the application. The de- in that section shall be performed by such of- retary of Homeland Security, in the Sec- termination of what evidence is credible and ficers, agents, and other persons as may be retary’s sole and unreviewable discretion, de- the weight to be given that evidence shall be designated for that purpose by the Secretary termines that the alien lawfully admitted for within the sole discretion of the Secretary of of Homeland Security or the Attorney Gen- permanent residence poses no risk to the Homeland Security or Attorney General.’’. eral. Nothing in this section shall limit the alien with respect to whom a petition de- (b) DEPORTABILITY; CRIMINAL OFFENSES.— authority of the Secretary of Homeland Se- scribed in subclause (I) is filed.’’. Section 237(a)(3)(B) of the Immigration and curity to seize and forfeit motor vehicles, (b) NONIMMIGRANTS.—Section 101(a)(15)(K) Nationality Act (8 U.S.C. 1227(a)(3)(B)) is aircraft, or vessels under the Customs laws amended— of such Act (8 U.S.C. 1101(a)(15)(K)), is amended by striking ‘‘204(a)(1)(A)(viii)(I))’’ or any other laws of the United States. (1) in clause (i), by striking the comma at ‘‘(g) DEFINITIONS.—For purposes of this sec- each place such term appears and inserting the end and inserting a semicolon; tion— ‘‘204(a)(1)(A)(viii))’’. (2) in clause (ii), by striking ‘‘, or’’ at the ‘‘(1) the term ‘checkpoint’ includes, but is (c) EFFECTIVE DATE.—The amendments end and inserting a semicolon; not limited to, any customs or immigration made by this section shall take effect on the (3) in clause (iii), by striking the comma at inspection at a port of entry or immigration date of the enactment of this Act and shall the end and inserting ‘‘; or’’; and inspection at a U.S. Border Patrol check- apply to petitions filed on or after such date. (4) by inserting after clause (iii) the fol- point; lowing: SEC. 515. ENHANCED CRIMINAL PENALTIES FOR ‘‘(2) the term ‘law enforcement agent’ HIGH SPEED FLIGHT. ‘‘(iv) of a violation of, or an attempt or a means— (a) IN GENERAL.—Section 758 of title 18, conspiracy to violate, subsection (a) or (b) of ‘‘(A) any Federal, State, local or tribal of- United States Code, is amended to read as section 1425 of title 18 (relating to the pro- ficial authorized to enforce criminal law; and follows: curement of citizenship or naturalization un- ‘‘(B) when conveying a command described lawfully),’’. ‘‘§ 758. Unlawful flight from immigration or in subsection (b), an air traffic controller; (c) DEPORTABILITY; CRIMINAL OFFENSES.— customs controls ‘‘(3) the term ‘lawful command’ includes a Paragraph (2) of section 237(a) of the Immi- ‘‘(a) EVADING A CHECKPOINT.—Any person command to stop, decrease speed, alter gration and Nationality Act (8 U.S.C. who, while operating a motor vehicle or ves- course, or land, whether communicated oral- 1227(a)(2)), as amended by sections 507 and sel, knowingly flees or evades a checkpoint ly, visually, by means of lights or sirens, or 508, is further amended by adding at the end operated by the Department of Homeland Se- by radio, telephone, or other communica- the following: curity or any other Federal law enforcement tion; ‘‘(I) IDENTIFICATION FRAUD.—Any alien who agency, and then knowingly or recklessly ‘‘(4) the term ‘motor vehicle’ means any is convicted of a violation of (or a conspiracy disregards or disobeys the lawful command motorized or self-propelled means of terres- or attempt to violate) an offense relating to of any law enforcement agent, shall be fined trial transportation; and section 208 of the Social Security Act (42 under this title, imprisoned not more than 5 ‘‘(5) the term ‘serious bodily injury’ has U.S.C. 408) (relating to social security ac- years, or both. the meaning given in section 2119(2) of this count numbers or social security cards) or ‘‘(b) FAILURE TO STOP.—Any person who, title.’’. section 1028 of title 18, United States Code, while operating a motor vehicle, aircraft, or (b) CONSTRUCTION.—The amendments made (relating to fraud and related activity in vessel, knowingly or recklessly disregards or by subsection (a) shall not be construed to

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4868 CONGRESSIONAL RECORD — SENATE August 3, 2017 create eligibility for relief from removal holding of removal made on or after such (7) in subparagraph (P) by striking ‘‘(i) under former section 212(c) of the Immigra- date. which either is falsely making, forging, tion and Nationality Act (8 U.S.C. 1182(c)) if (d) EFFECTIVE DATES.—Except as provided counterfeiting, mutilating, or altering a such eligibility did not exist before the date in paragraph (c)(4), the amendments made by passport or instrument in violation of sec- of enactment of this Act. this section shall take effect on the date of tion 1543 of title 18, United States Code, or is SEC. 516. PROHIBITION ON ASYLUM AND CAN- the enactment of this Act and sections described in section 1546(a) of such title (re- CELLATION OF REMOVAL FOR TER- 208(b)(2)(A), 240A(c), and 241(b)(3) of the Im- lating to document fraud) and (ii)’’ and in- RORISTS. migration and Nationality Act, as so amend- serting ‘‘which is described in the first para- (a) ASYLUM.—Subparagraph (A) of section ed, shall apply to— graph of section 1541, 1542, 1543, 1544, 1546(a), 208(b)(2) of the Immigration and Nationality (1) all aliens in removal, deportation, or or 1547 of chapter 75 of title 18, United States Act (8 U.S.C. 1158(b)(2)(A)), as amended by exclusion proceedings; Code, and’’; section 506 and 507, is further amended— (2) all applications pending on, or filed (8) in subparagraph (U), by striking ‘‘an at- (1) by inserting ‘‘or the Secretary’’ after after, the date of the enactment of this Act; tempt or conspiracy to commit an offense ‘‘if the Attorney General’’; and and described in this paragraph’’ and inserting (2) by striking clause (v), and inserting: (3) with respect to aliens and applications ‘‘an attempt to commit, conspiracy to com- ‘‘(v) the alien is described in section described in paragraph (1) or (2) of this submit, or facilitation of an offense described in 212(a)(3)(B)(i) or section 212(a)(3)(F), unless, section, acts and conditions constituting a this paragraph, or aiding, abetting, pro- in the case of an alien described in subclause ground for exclusion, deportation, or re- curing, commanding, inducing, or soliciting (IX) of section 212(a)(3)(B)(i), the Secretary moval occurring or existing before, on, or the commission of such an offense’’; and or the Attorney General determines, in his after the date of the enactment of this Act. (9) by striking the undesignated material or her sole and unreviewable discretion, that at end of the paragraph and inserting ‘‘The there are not reasonable grounds for regard- SEC. 517. AGGRAVATED FELONIES. term applies to an offense described in this ing the alien as a danger to the security of (a) DEFINITION OF AGGRAVATED FELONY.— paragraph, whether in violation of Federal or the United States;’’. Paragraph (43) of section 101(a) of the Immi- State law, or a law of a foreign country, for (b) CANCELLATION OF REMOVAL.—Paragraph gration and Nationality Act (8 U.S.C. (4) of section 240A(c) of the Immigration and 1101(a)(43)), as amended by section 508, is fur- which the term of imprisonment was com- Nationality Act (8 U.S.C. 1229b(c)(4)) is ther amended— pleted within the previous 20 years, and even amended— (1) in subparagraph (A), by striking ‘‘sex- if the length of the term of imprisonment for (1) by striking ‘‘inadmissible under’’ and ual abuse of a minor;’’ and inserting ‘‘any the offense is based on recidivist or other en- inserting ‘‘described in’’; and conviction for a sex offense, including an of- hancements. Notwithstanding any other pro- (2) by striking ‘‘deportable under’’ and in- fense described in sections 2241 and 2243 of vision of law (including any effective date), serting ‘‘described in’’. Title 18, United States Code, or an offense the term applies regardless of whether the (c) RESTRICTION ON REMOVAL.— where the alien abused or was involved in conviction was entered before, on, or after (1) IN GENERAL.—Subparagraph (A) of sec- the abuse of any individual under the age of September 30, 1996.’’. tion 241(b)(3) of the Immigration and Nation- 18 years, or in which the victim is in fact (b) DEFINITION OF CONVICTION.—Section ality Act (8 U.S.C. 1231(b)(3)(A)) is amended— under the age of 18 years, regardless of the 101(a)(48) of the Immigration and Nationality (A) by inserting ‘‘or the Secretary’’ after reason and extent of the act, the sentence Act (8 U.S.C. 1101(a)(48)) is amended by add- ‘‘Attorney General’’ both places that term imposed, or the elements in the offense that ing at the end the following: appears; are required for conviction;’’; ‘‘(C)(i) Any reversal, vacatur, (B) by striking ‘‘Notwithstanding’’ and in- (2) in subparagraph (F), by striking ‘‘at expungement, or modification of a convic- serting the following: least one year’’ and inserting ‘‘is at least one tion, sentence, or conviction that was grant- ‘‘(i) IN GENERAL.—Notwithstanding’’; and year, except that if the conviction records do ed to ameliorate the consequences of the (C) by adding at the end the following: not conclusively establish whether a crime conviction, sentence, or conviction, or was ‘‘(ii) BURDEN OF PROOF.—The alien has the constitutes a crime of violence or an offense granted for rehabilitative purposes shall burden of proof to establish that the alien’s under Federal, State, or Tribal law, that has, have no effect on the immigration con- life or freedom would be threatened in such as an element, the use or attempted use of sequences resulting from the original convic- country, and that race, religion, nationality, physical force or the threatened use of phys- tion. membership in a particular social group, or ical force or a deadly weapon, the Attorney ‘‘(ii) The alien shall have the burden of political opinion would be at least one cen- General or Secretary of Homeland Security demonstrating that any reversal, vacatur, tral reason for such threat.’’. may consider other evidence related to the expungement, or modification, including (2) EXCEPTION.—Subparagraph (B) of sec- conviction, including but not limited to po- modification to any sentence for an offense, tion 241(b)(3) of the Immigration and Nation- lice reports and witness statements, that was not granted to ameliorate the con- ality Act (8 U.S.C. 1231(b)(3)(B)) is amended— clearly establishes that the conduct for sequences of the conviction, sentence, or (A) by inserting ‘‘or the Secretary of which the alien was engaged constitutes a conviction record, or for rehabilitative pur- Homeland Security’’ after ‘‘Attorney Gen- crime of violence or an offense under Fed- poses.’’. eral’’ both places that term appears; eral, State, or Tribal law, that has, as an ele- (c) EFFECTIVE DATE AND APPLICATION.—The (B) in clause (iii), striking ‘‘or’’ at the end; ment, the use or attempted use of physical amendments made by this section shall— (C) in clause (iv), striking the period at the force or the threatened use of physical force (1) take effect on the date of the enactment end and inserting ‘‘; or’’; or a deadly weapon;’’; of this Act; and (D) inserting after clause (iv) the fol- (3) by striking subparagraph (G) and in- (2) apply to any act that occurred before, lowing: serting the following: on, or after such date of enactment. ‘‘(v) the alien is described in section ‘‘(G) a theft offense under State or Federal SEC. 518. CONVICTIONS. 212(a)(3)(B)(i) or section 212(a)(3)(F), unless, law (including theft by deceit, theft by fraud, (a) Section 212(a)(2) of the Immigration in the case of an alien described in subclause and receipt of stolen property) or burglary and Nationality Act (8 U.S.C. 1182(a)(2)), as (IX) of section 212(a)(3)(B)(i), the Secretary offense under State or Federal law for which amended by sections 509 through 511, is fur- of Homeland Security or the Attorney Gen- the term of imprisonment is at least one ther amended by adding at the end the fol- eral determines, in his or her sole and year, except that if the conviction records do lowing subparagraph: unreviewable discretion, that there are not not conclusively establish whether a crime ‘‘(L) CONVICTIONS.— reasonable grounds for regarding the alien as constitutes a theft or burglary offense, the ‘‘(i) IN GENERAL.—For purposes of deter- a danger to the security of the United Attorney General or Secretary of Homeland mining whether an underlying criminal of- States; Security may consider other evidence re- fense constitutes a ground of inadmissibility ‘‘(vi) the alien is convicted of an aggra- lated to the conviction, including but not under this subsection, all statutes or com- vated felony.’’; and limited to police reports and witness state- mon law offenses are divisible so long as any (E) by striking the undesignated matter at ments, that clearly establishes that the con- of the conduct encompassed by the statute the end of the subparagraph (B). duct for which the alien was engaged con- constitutes an offense that is a ground of in- (3) SUSTAINING BURDEN OF PROOF; CREDI- stitutes a theft or burglary offense;’’; admissibility. BILITY DETERMINATIONS.—Subparagraph (C) (4) in subparagraph (I), by striking ‘‘or ‘‘(ii) OTHER EVIDENCE.—If the conviction of section 241(b)(3) of the Immigration and 2252’’ and inserting ‘‘2252, or 2252A’’; records (i.e., charging documents, plea agree- Nationality Act (8 U.S.C. 1231(b)(3)(C)) is (5) in subparagraph (N), by striking ‘‘para- ments, plea colloquies, jury instructions) do amended by striking ‘‘In determining wheth- graph (1)(A) or (2) of’’ and inserting a semi- not conclusively establish whether a crime er an alien has demonstrated that the alien’s colon at the end; constitutes a ground of inadmissibility, the life or freedom would be threatened for a (6) in subparagraph (O), by striking ‘‘sec- Attorney General or the Secretary of Home- reason described in subparagraph (A),’’ and tion 275(a) or 276 committed by an alien who land Security may consider other evidence inserting ‘‘For purposes of this paragraph,’’. was previously deported on the basis of a related to the conviction, including but not (4) EFFECTIVE DATE AND APPLICATION.—The conviction for an offense described in an- limited to police reports and witness state- amendments made in paragraphs (1) and (2) other subparagraph of this paragraph;’’ and ments, that clearly establishes that the con- shall take effect as if enacted on May 11, inserting ‘‘section 275 or 276 for which the duct for which the alien was engaged con- 2005, and shall apply to applications for with- term of imprisonment is at least 1 year;’’; stitutes a ground of inadmissibility.’’.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4869 (b) Section 237(a)(2) of the Immigration is a national of that country since the date place that term appears and inserting ‘‘Sec- and Nationality Act (8 U.S.C. 1227(a)(2)), as of enactment of this Act and the total num- retary of Homeland Security’’; amended by sections ll and ll, is further ber of such aliens, disaggregated by nation- (2) by striking ‘‘Shall be fined’’ and all amended by adding at the end the following ality; that follows through the end and inserting subparagraph: ‘‘(B) countries that have an excessive repa- ‘‘Shall be fined under this title or imprisoned ‘‘(J) CRIMINAL OFFENSES.— triation failure rate; and for not less than 12 years but not more than ‘‘(i) IN GENERAL.—For purposes of deter- ‘‘(C) each country that was reported as 25 years (if the offense was committed to fa- mining whether an underlying criminal of- noncompliant in the prior reporting period. cilitate an act of international terrorism (as fense constitutes a ground of deportability ‘‘(2) EXEMPTION.—The Secretary of Home- defined in section 2331 of this title)), not less under this subsection, all statutes or com- land Security, in the Secretary’s sole and than 10 years but not more than 20 years (if mon law offenses are divisible so long as any unreviewable discretion, and in consultation the offense was committed to facilitate a of the conduct encompassed by the statute with the Secretary of State, may exempt a drug trafficking crime (as defined in section constitutes an offense that is a ground of de- country from inclusion in the list under 929(a) of this title)), not less than 5 years but portability. paragraph (1) if there are significant foreign not more than 10 years (in the case of the ‘‘(ii) OTHER EVIDENCE.—If the conviction policy or security concerns that warrant first or second such offense, if the offense records (i.e., charging documents, plea agree- such an exemption. was not committed to facilitate such an act ments, plea colloquies, jury instructions) do ‘‘(e) DISCONTINUING GRANTING OF VISAS TO of international terrorism or a drug traf- not conclusively establish whether a crime NATIONALS OF COUNTRIES DENYING OR DELAY- ficking crime), or not less than 7 years but constitutes a ground of deportability, the ING ACCEPTING ALIEN.— not more than 15 years (in the case of any Attorney General or the Secretary of Home- ‘‘(1) IN GENERAL.—Notwithstanding section other offense), or both.’’ land Security may consider other evidence 221(c), the Secretary of Homeland Security SEC. 524. EXPANSION OF CRIMINAL ALIEN REPA- related to the conviction, including but not shall take the action described in paragraph TRIATION PROGRAMS. limited to police reports and witness state- (2)(A) and may take an action described in (a) EXPANSION OF DEPARTMENT CRIMINAL ments, that clearly establishes that the con- paragraph (2)(B), if the Secretary determines ALIEN REPATRIATION FLIGHTS.—Not later duct for which the alien was engaged con- that— than 90 days after the date of the enactment stitutes a ground of deportability.’’. ‘‘(A) an alien is inadmissible under section of this Act, the Secretary of Homeland Secu- 212 or deportable under section 237, or the SEC. 519. PARDONS. rity shall increase the number of criminal alien has been ordered removed from the and illegal alien repatriation flights from (a) DEFINITION.—Section 101(a) of the Im- United States; and the United States conducted by U.S. Cus- migration and Nationality Act (8 U.S.C. ‘‘(B) the government of a foreign country toms and Border Protection and U.S. Immi- 1101(a)), as amended by section --, is further is— gration and Customs Enforcement Air Oper- amended by adding at the end the following: ‘‘(i) denying or unreasonably delaying ac- ations by not less than 15 percent more than ‘‘(54) The term ‘pardon’ means a full and cepting aliens who are citizens, subjects, na- the number of such flights operated, and au- unconditional pardon granted by the Presi- tionals, or residents of that country after thorized to be operated, under existing ap- dent of the United States, Governor of any of the Secretary of Homeland Security asks propriations and funding on the date of the the several States or constitutionally recog- whether the government will accept an alien enactment of this Act. nized body.’’. under this section; or (b) U.S. IMMIGRATION AND CUSTOMS EN- (b) DEPORTABILITY.—Section 237(a) of such ‘‘(ii) refusing to issue any required travel FORCEMENT AIR OPERATIONS.—Not later than Act (8 U.S.C. 1227(a)), as amended by sections or identity documents to allow the alien who 90 days after the date of the enactment of -- and --, is further amended— is citizen, subject, national, or resident of this Act, the Secretary of Homeland Secu- (1) in paragraph (2)(A), by striking clause that country to return to that country. rity shall issue a directive to expand U.S. (vi); and Immigration and Customs Enforcement Air ‘‘(2) ACTIONS DESCRIBED.—The actions de- (2) by adding at the end the following: scribed in this paragraph are the following: Operations (ICE Air Ops) so that ICE Air Ops ‘‘(8) PARDONS.—In the case of an alien who provides additional services with respect to ‘‘(A) An order from the Secretary of State has been convicted of a crime and is subject aliens who are illegally present in the United to consular officers in that foreign country to removal due to that conviction, if the States. Such expansion shall include— to discontinue granting visas under section alien, subsequent to receiving the criminal (1) increasing the daily operations of ICE 101(a)(15)(A)(iii) of the Immigration and Na- conviction, is granted a pardon, the alien Air Ops with buses and air hubs in the top 5 tionality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to shall not be deportable by reason of that geographic regions along the southern bor- attendants, servants, personal employees, criminal conviction.’’. der; and members of their immediate families, of (c) EFFECTIVE DATE.—The amendments (2) allocating a set number of seats for the officials and employees of that country made by this section shall take effect on the such aliens for each metropolitan area; and who receive nonimmigrant status under date of the enactment of this Act and shall (3) allowing a metropolitan area to trade clause (i) or (ii) of section 101(a)(15)(A) of apply to a pardon granted before, on, or after or give some of seats allocated to such area such Act. such date. under paragraph (2) for such aliens to other ‘‘(B) Denial of admission to any citizens, areas in the region of such area based on the SEC. 520. FAILURE TO OBEY REMOVAL ORDERS. subjects, nationals, and residents from that transportation needs of each area. (a) IN GENERAL.—Section 243(a) of the Im- country or the imposition— migration and Nationality Act (8 U.S.C. (c) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(i) of any limitations, conditions, or addi- addition to the amounts otherwise author- 1253(a)) is amended— tional fees on the issuance of visas or travel (1) in the matter preceding subparagraph ized to be appropriated, there is authorized from that country; or to be appropriated $10,000,000 for each of fis- (A) of paragraph (1), by inserting ‘‘212(a) or’’ ‘‘(ii) of any other sanctions authorized by before ‘‘237(a),’’; and cal years 2018 through 2021 to carry out this law. section. (2) by striking paragraph (3). ‘‘(3) RESUMPTION OF VISA ISSUANCE.—Con- Subtitle B—Strong Visa Integrity Secures (b) EFFECTIVE DATE.—The amendments sular officers in the foreign country that re- America Act made by subparagraph (A) shall take effect fused or unreasonably delayed repatriation on the date of enactment of this Act and or refused to issue required identity or travel SEC. 531. SHORT TITLE. shall apply to acts that are described in sub- documents may resume visa issuance after This subtitle may be cited as the ‘‘Strong paragraphs (A) through (D) of section the Secretary of Homeland Security notifies Visa Integrity Secures America Act’’. 243(a)(1) of the Immigration and Nationality the Secretary of State that the country has SEC. 532. VISA SECURITY. Act (8 U.S.C. 1253(a)(1)) that occur on or after accepted the aliens.’’. (a) VISA SECURITY UNITS AT HIGH RISK the date of enactment of this Act. POSTS.—Paragraph (1) of section 428(e) of the SEC. 522. ENHANCED PENALTIES FOR CONSTRUC- SEC. 521. SANCTIONS FOR COUNTRIES THAT TION AND USE OF BORDER TUN- Homeland Security Act of 2002 (6 U.S.C. DELAY OR PREVENT REPATRIATION NELS. 236(e)) is amended— OF THEIR NATIONALS. Section 555 of title 18, United States Code, (1) by striking ‘‘The Secretary’’ and insert- Section 243 of the Immigration and Nation- is amended— ing the following: ality Act (8 U.S.C. 1253) is amended by strik- (1) in subsection (a), by striking ‘‘not more ‘‘(A) AUTHORIZATION.—Subject to the mining subsection (d) and inserting the fol- than 20 years.’’ and inserting ‘‘not less than imum number specified in subparagraph (B), lowing: 7 years but not more than 20 years.’’; and the Secretary’’; and ‘‘(d) LISTING OF COUNTRIES WHO DELAY RE- (2) in subsection (b), by striking ‘‘not more (2) by adding at the end the following new PATRIATION OF REMOVED ALIENS.— than 10 years.’’ and inserting ‘‘not less than subparagraph: ‘‘(1) LISTING OF COUNTRIES.—Beginning on 3 years but not more than 10 years.’’. ‘‘(B) RISK-BASED ASSIGNMENTS.— the date that is 6 months after the date of SEC. 523. ENHANCED PENALTIES FOR FRAUD ‘‘(i) IN GENERAL.—In carrying out subpara- enactment of the Building America’s Trust AND MISUSE OF VISAS, PERMITS, graph (A), the Secretary shall assign, in a Act, and every 6 months thereafter, the Sec- AND OTHER DOCUMENTS. risk-based manner, and considering the cri- retary shall publish a report in the Federal Section 1546(a) of title 18, United States teria described in clause (ii), employees of Register that includes a list of— Code, is amended— the Department to not fewer than 50 diplo- ‘‘(A) countries that have refused or unrea- (1) by striking ‘‘Commissioner of the Im- matic and consular posts at which visas are sonably delayed repatriation of an alien who migration and Naturalization Service’’ each issued.

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‘‘(ii) CRITERIA DESCRIBED.—The criteria deed and added by this section, shall be imple- security, and terrorism databases main- scribed in this clause (i) are the following: mented not later than three years after the tained by the Federal Government.’’. ‘‘(I) The number of nationals of a country date of the enactment of this Act. (b) CLERICAL AMENDMENT.—The table of in which any of the diplomatic and consular (f) AUTHORIZATION OF APPROPRIATIONS.— contents in section 1(b) of the Homeland Se- posts referred to in clause (i) are located who There are authorized to be appropriated curity Act of 2002 is amended by inserting were identified in United States Government $30,000,000 to implement this section and the after the item relating to section 419 the fol- databases related to the identities of known amendments made by this section. lowing new items: or suspected terrorists during the previous SEC. 533. ELECTRONIC PASSPORT SCREENING ‘‘Sec. 420. Electronic passport screening and year. AND BIOMETRIC MATCHING. biometric matching.’’ ‘‘(II) Information on cooperation of such (a) IN GENERAL.—Subtitle B of title IV of ‘‘Sec. 420A. Continuous screening by U.S. country with the counterterrorism efforts of the Homeland Security Act of 2002 (6 U.S.C. Customs and Border Protec- the United States. 231 et seq.), is amended by adding at the end tion.’’. ‘‘(III) Information analyzing the presence, the following new sections: SEC. 534. REPORTING VISA OVERSTAYS. activity, or movement of terrorist organiza- ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING tions (as such term is defined in section AND BIOMETRIC MATCHING. Section 2 of Public Law 105–173 (8 U.S.C. 212(a)(3)(B)(vi) of the Immigration and Na- ‘‘(a) IN GENERAL.—Not later than one year 1376) is amended— tionality Act (8 U.S.C. 1182(a)(3)(B)(vi)) with- after the date of the enactment of the Build- (1) in subsection (a)— in or through such country. ing America’s Trust Act, the Commissioner (A) by striking ‘‘Attorney General’’ and in- ‘‘(IV) The number of formal objections of U.S. Customs and Border Protection serting ‘‘Secretary of Homeland Security’’; based on derogatory information issued by shall— and the Visa Security Advisory Opinion Unit ‘‘(1) screen electronic passports at airports (B) by inserting before the period at the pursuant to paragraph (10) regarding nation- of entry by reading each such passport’s em- end the following: ‘‘, and any additional in- als of a country in which any of the diplo- bedded chip; and formation that the Secretary determines matic and consular posts referred to in ‘‘(2) to the greatest extent practicable, uti- necessary for purposes of the report under clause (i) are located. lize facial recognition technology or other subsection (b).’’; and ‘‘(V) The adequacy of the border and immi- biometric technology, as determined by the (2) by amending subsection (b) to read as gration control of such country. Commissioner, to inspect travelers at United follows: ‘‘(VI) Any other criteria the Secretary de- States airports of entry. ‘‘(b) ANNUAL REPORT.—Not later than June termines appropriate. ‘‘(b) APPLICABILITY.— 30, 2018, and not later than June 30 of each ‘‘(iii) RULE OF CONSTRUCTION.—The assign- ‘‘(1) ELECTRONIC PASSPORT SCREENING.— year thereafter, the Secretary of Homeland ment of employees of the Department pursu- Paragraph (1) of subsection (a) shall apply to Security shall submit to the Committee on ant to this subparagraph is solely the au- passports belonging to individuals who are Homeland Security and Governmental Af- thority of the Secretary and may not be al- United States citizens, individuals who are fairs and the Committee on the Judiciary of tered or rejected by the Secretary of State.’’. nationals of a program country pursuant to the Senate and the Committee on Homeland (b) COUNTERTERRORISM VETTING AND section 217 of the Immigration and Nation- Security and the Committee on the Judici- SCREENING.—Paragraph (2) of section 428(e) ality Act (8 U.S.C. 1187), and individuals who ary of the House of Representatives, a report of the Homeland Security Act of 2002 is are nationals of any other foreign country providing, for the preceding fiscal year, nu- amended— that issues electronic passports. merical estimates (including information on (1) by redesignating subparagraph (C) as ‘‘(2) FACIAL RECOGNITION MATCHING.—Para- the methodology utilized to develop such nu- subparagraph (D); and graph (2) of subsection (a) shall apply, at a merical estimates) of— (2) by inserting after subparagraph (B) the minimum, to individuals who are nationals ‘‘(1) for each country, the number of aliens following new subparagraph: of a program country pursuant to section 217 from the country who are described in sub- ‘‘(C) Screen any such applications against of the Immigration and Nationality Act. section (a), including— the appropriate criminal, national security, ‘‘(c) ANNUAL REPORT.— ‘‘(A) the total number of such aliens within and terrorism databases maintained by the ‘‘(1) IN GENERAL.—The Commissioner of all classes of nonimmigrant aliens described Federal Government.’’. U.S. Customs and Border Protection, in col- in section 101(a)(15) of the Immigration and (c) TRAINING AND HIRING.—Subparagraph Nationality Act (8 U.S.C. 1101(a)(15)); and (A) of section 428(e)(6) of the Homeland Secu- laboration with the Chief Privacy Officer of the Department, shall issue to the Com- ‘‘(B) the number of such aliens within each rity Act of 2002 is amended by— of the classes of nonimmigrant aliens, as (1) striking ‘‘The Secretary shall ensure, to mittee on Homeland Security and Govern- mental Affairs of the Senate and the Com- well as the number of such aliens within the extent possible, that any employees’’ and each of the subclasses of such classes of non- inserting ‘‘The Secretary, acting through the mittee on Homeland Security of the House of Representatives an annual report through immigrant aliens, as applicable; Commissioner of U.S. Customs and Border ‘‘(2) for each country, the percentage of the Protection and the Director of U.S. Immigra- fiscal year 2021 on the utilization of facial recognition technology and other biometric total number of aliens from the country who tion and Customs Enforcement, shall provide were present in the United States and were training to any employees’’; and technology pursuant to subsection (a)(2). ‘‘(2) REPORT CONTENTS.—Each such report admitted to the United States as non- (2) striking ‘‘shall be provided the nec- immigrants who are described in subsection essary training’’. shall include— ‘‘(A) information on the type of technology (a); (d) PRE-ADJUDICATED VISA SECURITY AS- ‘‘(3) the number of aliens described in sub- SISTANCE AND VISA SECURITY ADVISORY OPIN- used at each airport of entry; section (a) who arrived by land at a port of ION UNIT.—Subsection (e) of section 428 of the ‘‘(B) the number of individuals who were entry into the United States; Homeland Security Act of 2002 is amended by subject to inspection using either of such ‘‘(4) the number of aliens described in sub- adding at the end the following new para- technologies at each airport of entry; section (a) who entered the United States graph: ‘‘(C) within the group of individuals sub- using a border crossing identification card ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU- ject to such inspection, the number of those (as such term is defined in section 101(a)(6) of RITY ASSISTANCE.—At the visa-issuing posts individuals who were United States citizens the Immigration and Nationality Act (8 at which employees of the Department are and lawful permanent residents; U.S.C. 1101(a)(6)); and not assigned pursuant to paragraph (1), the ‘‘(D) information on the disposition of data ‘‘(5) the number of Canadian nationals who Secretary shall, in a risk-based manner, as- collected during the year covered by such re- entered the United States without a visa and sign employees of the Department to report; and whose authorized period of stay in the motely perform the functions required under ‘‘(E) information on protocols for the man- United States terminated during the pre- paragraph (2) at not fewer than 50 of such agement of collected biometric data, includ- vious fiscal year, but who remained in the posts. ing timeframes and criteria for storing, eras- United States.’’. ‘‘(10) VISA SECURITY ADVISORY OPINION ing, destroying, or otherwise removing such UNIT.—The Secretary shall establish within data from databases utilized by the Depart- SEC. 535. STUDENT AND EXCHANGE VISITOR IN- U.S. Immigration and Customs Enforcement ment. FORMATION SYSTEM VERIFICATION. a Visa Security Advisory Opinion Unit to re- ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. Not later than 90 days after the date of the spond to requests from the Secretary of CUSTOMS AND BORDER PROTEC- enactment of this Act, the Secretary of State to conduct a visa security review using TION. Homeland Security shall ensure that the in- information maintained by the Department ‘‘The Commissioner of U.S. Customs and formation collected under the program es- on visa applicants, including terrorism asso- Border Protection shall, in a risk-based man- tablished under section 641 of the Illegal Im- ciation, criminal history, counter-prolifera- ner, continuously screen individuals issued migration Reform and Immigrant Responsi- tion, and other relevant factors, as deter- any visa, and individuals who are nationals bility Act of 1996 (8 U.S.C. 1372) is available mined by the Secretary.’’. of a program country pursuant to section 217 to officers of U.S. Customs and Border Pro- (e) SCHEDULE OF IMPLEMENTATION.—The re- of the Immigration and Nationality Act (8 tection conducting primary inspections of quirements established under paragraphs (1) U.S.C. 1187), who are present, or expected to aliens seeking admission to the United and (9) of section 428(e) of the Homeland Se- arrive within 30 days, in the United States, States at each port of entry of the United curity Act of 2002 (6 U.S.C. 236(e)), as amend- against the appropriate criminal, national States.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4871 SEC. 536. SOCIAL MEDIA REVIEW OF VISA APPLI- (1) in the introductory text, by striking Immigration and Nationality Act (8 U.S.C. CANTS. ‘‘issuance or refusal’’ and inserting 1101 et seq.) and all other immigration or na- (a) IN GENERAL.—Subtitle C of title IV of ‘‘issuance, refusal, or revocation’’; tionality laws relating to the functions of the Homeland Security Act of 2002 (6 U.S.C. (2) in paragraph (2), in the matter pre- consular officers of the United States in con- 231 et. seq.) is amended by adding at the end ceding subparagraph (A), by striking ‘‘and on nection with the granting and refusal of a the following new sections: the basis of reciprocity’’; visa; and ‘‘SEC. 434. SOCIAL MEDIA SCREENING. (3) in paragraph (2)(A)— ‘‘(B) may refuse or revoke any visa to any ‘‘(a) IN GENERAL.—Not later than 180 days (A) by inserting ‘‘—(i)’’ after ‘‘for the pur- alien or class of aliens if the Secretary of after the date of the enactment of the Build- pose of’’; and Homeland Security, or designee, determines ing America’s Trust Act, the Secretary of (B) by striking ‘‘illicit weapons; or’’ and that such refusal or revocation is necessary Homeland Security shall, to the greatest ex- inserting ‘‘illicit weapons, or (ii) deter- or advisable in the security interests of the tent practicable, and in a risk based manner mining a person’s deportability or eligibility United States. and on an individualized basis, review the so- for a visa, admission, or other immigration ‘‘(2) EFFECT OF REVOCATION.—The revoca- cial media accounts of visa applicants who benefit;’’; tion of any visa under paragraph (1)(B)— are citizens of, or who reside in, high risk (4) in paragraph (2)(B)— ‘‘(A) shall take effect immediately; and countries, as determined by the Secretary (A) by striking ‘‘for the purposes’’ and in- ‘‘(B) shall automatically cancel any other based on the criteria described in subsection serting ‘‘for one of the purposes’’; and valid visa that is in the alien’s possession. (b). (B) by striking ‘‘or to deny visas to persons ‘‘(3) JUDICIAL REVIEW.—Notwithstanding ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In de- who would be inadmissible to the United any other provision of law, including section termining whether a country is high-risk States.’’ and inserting ‘‘; or’’; and 2241 of title 28, United States Code, any other pursuant to subsection (a), the Secretary (5) in paragraph (2), by adding at the end habeas corpus provision, and sections 1361 shall consider the following criteria: the following: and 1651 of such title, no United States court ‘‘(1) The number of nationals of the coun- ‘‘(C) with regard to any or all aliens in the has jurisdiction to review a decision by the try who were identified in United States database, specified data elements from each Secretary of Homeland Security to refuse or Government databases related to the identi- record, if the Secretary of State determines revoke a visa. ties of known or suspected terrorists during that it is ørequired for national security or ‘‘(c) EFFECT OF VISA APPROVAL BY THE SEC- the previous year. public safety and¿ in the national interest to RETARY OF STATE.— ‘‘(2) The level of cooperation of the country provide such information to a foreign gov- ‘‘(1) IN GENERAL.—The Secretary of State with the counter-terrorism efforts of the ernment.’’. may direct a consular officer to refuse or re- United States. (b) EFFECTIVE DATE.—The amendments voke a visa to an alien if the Secretary of ‘‘(3) Any other criteria the Secretary de- made by subsection (a) shall take effect 60 Homeland Security determines that such re- termines appropriate. days after the date of the enactment of the fusal or revocation is necessary or advisable ‘‘(c) COLLABORATION.—To develop the tech- Act. in the foreign policy interests of the United nology required to carry out the require- SEC. 543. VISA INTERVIEWS. States. ‘‘(2) LIMITATION.—No decision by the Sec- ments of subsection (a), the Secretary shall (a) IN GENERAL.—Section 222(h) of the Im- collaborate with— migration and Nationality Act (8 U.S.C. retary of State to approve a visa may over- ‘‘(1) the head of a national laboratory with- 1202(h)) is amended— ride a decision by the Secretary of Homeland in the Department’s laboratory network (1) in paragraph (1), by adding new sub- Security under subsection (b).’’. (b) VISA REVOCATION.—Section 428 of the with relevant expertise; paragraph (D) to read as follows: Homeland Security Act (6 U.S.C. 236) is ‘‘(2) the head of a relevant university-based ‘‘(D) by the Secretary of State if the Sec- amended by adding at the end the following: center within the Department’s centers of retary, in his sole and unreviewable discre- excellence network; and ‘‘(j) VISA REVOCATION INFORMATION.—If the tion, determines that an interview is unnec- Secretary of Homeland Security or the Sec- ‘‘(3) the heads of other appropriate Federal essary because the alien is ineligible for a agencies. retary of State revokes a visa— visa.’’. ‘‘(1) the relevant consular, law enforce- ‘‘SEC. 435. OPEN SOURCE SCREENING. (2) in paragraph (2), by adding at the end a ment, and terrorist screening databases shall ‘‘The Secretary shall, to the greatest ex- new subparagraph (G) to read as follows: tent practicable, and in a risk based manner, be immediately updated on the date of the ‘‘(G) is an individual within a class of revocation; and review open source information of visa appli- aliens that the Secretary of Homeland Secu- cants.’’. ‘‘(2) look-out notices shall be posted to all rity, in his sole and unreviewable discretion, Department port inspectors and Department (b) CLERICAL AMENDMENT.—The table of has determined may pose a threat to na- contents in section 1(b) of the Homeland Se- of State consular officers.’’. tional security or public safety.’’. (c) CONFORMING AMENDMENT.—Section curity Act of 2002 is amended by this Act, is SEC. 544. JUDICIAL REVIEW OF VISA REVOCA- 104(a)(1) of the Immigration and Nationality further amended by inserting after the item TION. Act is amended to read: relating to section 433 the following new Subsection (i) of section 221 of the Immi- ‘‘(1) the powers, duties and functions of items: gration and Nationality Act (8 U.S.C. 1201(i)) diplomatic and consular officers of the ‘‘Sec. 434. Social media screening. is amended— United States, and the power authorized by ‘‘Sec. 435. Open source screening.’’. (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and section 428(c) of the Homeland Security Act Subtitle C—Visa Cancellation and Revocation (2) by adding at the end the following: of 2002 (6 U.S.C. 236), as amended by section SEC. 541. CANCELLATION OF ADDITIONAL VISAS. ‘‘(2) A revocation under this subsection of 542 of the Building America’s Trust Act, ex- (a) IN GENERAL.—Subsection (g) of section a visa or other documentation from an alien cept those powers, duties and functions con- 222 of the Immigration and Nationality Act shall automatically cancel any other valid ferred upon the consular officers relating to (8 U.S.C. 1202(g)) is amended— visa that is in the alien’s possession.’’. the granting or refusal of visas.’’. (1) in paragraph (1)— Subtitle D—Secure Visas Act Subtitle E—Other Matters (A) by striking ‘‘Attorney General,’’ and SEC. 551. SHORT TITLE. SEC. 561. REQUIREMENT FOR COMPLETION OF inserting ‘‘Secretary of Homeland Secu- This subtitle may be cited as the ‘‘Secure BACKGROUND CHECKS. rity,’’; and Visas Act’’. (a) IN GENERAL.—Section 103 of Immigra- (B) by inserting ‘‘and any other non- SEC. 552. AUTHORITY OF THE SECRETARY OF tion and Nationality Act (8 U.S.C. 1103) is immigrant visa issued by the United States HOMELAND SECURITY AND SEC- amended by adding at the end the following: that is in the possession of the alien’’ after RETARY OF STATE. ‘‘(h) COMPLETION OF BACKGROUND AND SECU- ‘‘such visa’’; and (a) IN GENERAL.—Section 428 of the Home- RITY CHECKS.— (2) in paragraph (2)(A), by striking ‘‘(other land Security Act of 2002 (6 U.S.C. 236) is ‘‘(1) REQUIREMENT TO COMPLETE.—Notwith- than the visa described in paragraph (1)) amended by striking subsections (b) and (c) standing any other provision of law (statu- issued in a consular office located in the and inserting the following: tory or nonstatutory), including but not lim- country of the alien’s nationality’’ and in- ‘‘(b) AUTHORITY OF THE SECRETARY OF ited to section 309 of the Enhanced Border serting ‘‘(other than a visa described in para- HOMELAND SECURITY.— Security and Visa Entry Reform Act of 2002 graph (1)) issued in a consular office located ‘‘(1) IN GENERAL.—Notwithstanding section (8 U.S.C. 1738), sections 1361 and 1651 of title in the country of the alien’s nationality or 104(a) of the Immigration and Nationality 28, United States Code, and section 706(1) of foreign residence’’. Act (8 U.S.C. 1104(a)) or any other provision title 5, United States Code, neither the Sec- (b) EFFECTIVE DATE AND APPLICATION.—The of law, and except for the authority of the retary of Homeland Security nor the Attor- amendments made by subsection (a) shall Secretary of State under subparagraphs (A) ney General may— take effect on the date of the enactment of and (G) of section 101(a)(15) of the Immigra- ‘‘(A) approve or grant to an alien any sta- this Act and shall apply to a visa issued be- tion and Nationality Act (8 U.S.C. tus, relief, protection from removal, employ- fore, on, or after such date. 1101(a)(15)), the Secretary of Homeland Secu- ment authorization, or any other benefit SEC. 542. VISA INFORMATION SHARING. rity— under the immigration laws, including an ad- (a) IN GENERAL.—Section 222(f) of the Im- ‘‘(A) shall have exclusive authority to justment of status to lawful permanent resi- migration and Nationality Act (8 U.S.C. issue regulations, establish policy, and ad- dence or a grant of United States citizenship; 1202(f)) is amended— minister and enforce the provisions of the or

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‘‘(B) issue to the alien any documentation ‘‘(3) JURISDICTION.—Notwithstanding any appropriate database without any fee or evidencing a status or grant of any status, other provision of law (statutory or non- charge. relief, protection from removal, employment statutory), including section 309 of the En- ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCE- authorization, or other benefit under the im- hanced Border Security and Visa Entry Re- MENT PURPOSES.—Notwithstanding any other migration laws; form Act (8 U.S.C. 1738), sections 1361 and provision of law, adjudication of eligibility until all background and security checks for 1651 of title 28, United States Code, and sec- for benefits, relief, or status under the immi- the alien have been completed and the Sec- tion 706(1) of title 5, United States Code, no gration laws and other purposes relating to retary of Homeland or Attorney General has court shall have jurisdiction to review a de- citizenship and immigration services, shall determined that the results do not preclude cision to withhold adjudication pursuant to be considered to be criminal justice or law the approval or grant of any status, relief, this paragraph. enforcement purposes with respect to access protection from removal, employment au- ‘‘(4) WITHHOLDING OF REMOVAL AND TORTURE to or use of any information maintained by thorization, or any other benefit under the CONVENTION.—This paragraph does not limit the National Crime Information Center or immigration laws or approval, grant, or the or modify the applicability of section other criminal history information or issuance of any documentation evidencing 241(b)(3) or the United Nations Convention records.’’. such status, relief, protection, authorization, Against Torture and Other Cruel, Inhuman SEC. 564. APPROPRIATE REMEDIES FOR IMMI- or benefit. or Degrading Treatment or Punishment, sub- GRATION LITIGATION. (a) LIMITATION ON CLASS ACTIONS.—No ‘‘(2) PROHIBITION ON JUDICIAL ACTION.—No ject to any reservations, understandings, court may certify a class under rule 23 of the court shall have authority to: declarations and provisos contained in the Federal Rules of Civil Procedure in any civil ‘‘(A) order the approval of; United States Senate resolution of ratifica- action that— ‘‘(B) grant; tion of the Convention, as implemented by (1) is filed after the date of enactment of ‘‘(C) mandate or require any action in a section 2242 of the Foreign Affairs Reform this Act; and certain time period; or and Restructuring Act of 1998 (Public Law (2) pertains to the administration or en- ‘‘(D) award any relief for the Secretary of 105-277) with respect to an alien otherwise el- forcement of the immigration laws. Homeland Security’s or Attorney General’s igible for protection under such provisions.’’. (b) REQUIREMENTS FOR AN ORDER GRANTING failure to complete or delay in completing (b) EFFECTIVE DATE.—The amendment PROSPECTIVE RELIEF AGAINST THE GOVERN- any action to provide made by this section shall take effect on the MENT.— ‘‘any status, relief, protection from re- date of the enactment of this Act and shall (1) IN GENERAL.—If a court determines that moval, employment authorization, or any apply to any application, petition, or request prospective relief should be ordered against other benefit under the immigration laws, for any benefit or relief or any other case or the Government in any civil action per- including an adjustment of status to lawful matter under the immigration laws pending taining to the administration or enforce- permanent residence, naturalization, or a with or filed with the Secretary of Homeland ment of the immigration laws, the court grant of United States citizenship for an Security on or after such date of enactment. shall— alien until all background and security SEC. 563. ACCESS TO THE NATIONAL CRIME IN- checks have been completed and the Sec- FORMATION CENTER INTERSTATE (A) limit the relief to the minimum nec- retary of Homeland Security or Attorney IDENTIFICATION INDEX. essary to correct the violation of law; General has determined that the results of (a) CRIMINAL JUSTICE ACTIVITIES.—Section (B) adopt the least intrusive means to cor- such checks do not preclude the approval or 104 of the Immigration and Nationality Act rect the violation of law; grant of such status, relief, protection, au- (8 U.S.C. 1104) is amended by adding at the (C) minimize, to the greatest extent prac- thorization, or benefit, or issuance of any end the following: ticable, the adverse impact on national secu- documentation evidencing such status, re- ‘‘(f) CRIMINAL JUSTICE ACTIVITIES.—Not- rity, border security, immigration adminis- lief, protection, authorization, or benefit.’’. withstanding any other provision of law, any tration and enforcement, and public safety; (b) EFFECTIVE DATE.—The amendment Department of State personnel with author- and made by subsection (a) shall take effect on ity to grant or refuse visas or passports may (D) provide for the expiration of the relief the date of the enactment of this Act and carry out activities that have a criminal jus- on a specific date, which is not later than shall apply to any application, petition, or tice purpose.’’. the earliest date necessary for the Govern- request for any benefit or relief or any other (b) LIAISON WITH INTERNAL SECURITY OFFI- ment to remedy the violation. case or matter under the immigration laws CERS; DATA EXCHANGE.—Section 105 of the (2) WRITTEN EXPLANATION.—The require- pending with on or filed with the Secretary Immigration and Nationality Act (8 U.S.C. ments described in paragraph (1) shall be dis- of Homeland Security or the Attorney Gen- 1105) is amended by striking subsections (b) cussed and explained in writing in the order eral on or after such date of enactment. and (c) and inserting the following: granting prospective relief and shall be suffi- SEC. 562. WITHHOLDING OF ADJUDICATION. ‘‘(b) ACCESS TO NCIC-III.— ciently detailed to allow review by another (a) IN GENERAL.—Section 103 of Immigra- ‘‘(1) IN GENERAL.—Notwithstanding any court. tion and Nationality Act (8 U.S.C. 1103), as other provision of law, the Attorney General (3) EXPIRATION OF PRELIMINARY INJUNCTIVE amended by section 551, is further amended and the Director of the Federal Bureau of In- RELIEF.—Preliminary injunctive relief grant- by adding at the end the following: vestigation shall provide to the Department ed under paragraph (1) shall automatically ‘‘(i) WITHHOLDING OF ADJUDICATION.— of Homeland Security and the Department of expire on the date that is 90 days after the ‘‘(1) IN GENERAL.—Except as provided in State access to the criminal history record date on which such relief is entered, unless subsection (i)(4), nothing in this Act or any information contained in the National Crime the court— other law, including section 1361 and 1651 of Information Center’s Interstate Identifica- (A) finds that such relief meets the re- title 28, United States Code, shall be con- tion Index (NCIC-III) and the Wanted Per- quirements described in subparagraphs (A) strued to require, and no court can order, the sons File and to any other files maintained through (D) of paragraph (1) for the entry of Secretary of Homeland Security, the Attor- by the National Crime Information Center permanent prospective relief; and ney General, the Secretary of State, the Sec- for the purpose of determining whether an (B) orders the preliminary relief to become retary of Labor, or a consular officer to applicant or petitioner for a visa, admission, a final order granting prospective relief prior grant any application, approve any petition, or any benefit, relief, or status under the im- to the expiration of the 90-day period. or grant or continue any relief, protection migration laws, or any beneficiary of an ap- (c) PROCEDURE FOR MOTION AFFECTING from removal, employment authorization, or plication, petition, relief, or status under the ORDER GRANTING PROSPECTIVE RELIEF any other status or benefit under the immi- immigration laws, has a criminal history AGAINST THE GOVERNMENT.— gration laws by, to, or on behalf of any alien record indexed in the file. (1) IN GENERAL.—A court shall promptly with respect to whom a criminal proceeding ‘‘(2) AUTHORIZED ACTIVITIES.— rule on a motion made by the United States or investigation is open or pending (includ- ‘‘(A) IN GENERAL.—The Secretary of Home- Government to vacate, modify, dissolve, or ing, but not limited to, issuance of an arrest land Security and the Secretary of State— otherwise terminate an order granting pro- warrant or indictment), where such pro- ‘‘(i) shall have direct access, without any spective relief in any civil action pertaining ceeding or investigation is deemed by such fee or charge, to the information described in to the administration or enforcement of the official to be material to the alien’s eligi- paragraph (1) to conduct name-based immigration laws. bility for the status, relief, protection, or searches, file number searches, and any (2) AUTOMATIC STAYS.— benefit sought. other searches that any criminal justice or (A) IN GENERAL.—A motion to vacate, mod- ‘‘(2) WITHHOLDING OF ADJUDICATION.—The other law enforcement officials are entitled ify, dissolve, or otherwise terminate an order Secretary of Homeland Security, the Attor- to conduct; and granting prospective relief made by the ney General, the Secretary of State, or the ‘‘(ii) may contribute to the records main- United States Government in any civil ac- Secretary of Labor may, in his or her discre- tained by the National Crime Information tion pertaining to the administration or en- tion, withhold adjudication any application, Center. forcement of the immigration laws shall petition, request for relief, request for pro- ‘‘(B) SECRETARY OF HOMELAND SECURITY.— automatically, and without further order of tection from removal, employment author- The Secretary of Homeland Security shall the court, stay the order granting prospec- ization, status or benefit under the immigra- receive, on request by the Secretary of tive relief on the date that is 15 days after tion laws pending final resolution of the Homeland Security, access to the informa- the date on which such motion is filed unless criminal or other proceeding or investigation described in paragraph (1) by means of the court previously has granted or denied tion. extracts of the records for placement in the the Government’s motion.

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(B) DURATION OF AUTOMATIC STAY.—An (2) in subparagraph (A), by striking ‘‘Jus- (1) IN GENERAL.—Chapter 223 of title 18, automatic stay under subparagraph (A) shall tice’’ and inserting ‘‘Homeland Security’’; United States Code, is amended by adding at continue until the court enters an order and the end the following: granting or denying the Government’s mo- (3) by amending subparagraph (C) to read ‘‘§ 3513. Signatures relating to immigration tion. as follows: matters (C) POSTPONEMENT.—The court, for good ‘‘(C) AUTHORIZED DISCLOSURES.— ‘‘In a criminal proceeding in a court of the cause, may postpone an automatic stay ‘‘(i) CENSUS PURPOSE.—The Secretary of United States, where an individual’s hand under subparagraph (A) for not longer than Homeland Security may provide, in the Sec- written or electronic signature appears on a 15 days. retary’s discretion, for the furnishing of in- petition, application or other document exe- (D) ORDERS BLOCKING AUTOMATIC STAYS.— formation furnished under this section in the cuted or provided for any purpose under the Any order staying, suspending, delaying, or same manner and circumstances as census immigration laws (as defined in section otherwise barring the effective date of the information may be disclosed under section 8 101(a)(17) of the Immigration and Nationality automatic stay described in subparagraph of title 13, United States Code. Act (8 U.S.C. 1101(a)(17)), the trier of fact (A), other than an order to postpone the ef- ‘‘(ii) NATIONAL SECURITY PURPOSE.—The may infer that the document was signed by fective date of the automatic stay for not Secretary of Homeland Security may pro- that individual, and that the individual longer than 15 days under subparagraph (C), vide, in the Secretary’s discretion, for the knew the contents of the document and in- shall be— furnishing, use, publication, or release of intended to sign the document.’’. (i) treated as an order refusing to vacate, formation furnished under this section in (2) CLERICAL AMENDMENT.—The table of modify, dissolve, or otherwise terminate an any investigation, case, or matter, or for any sections for chapter 223 of title 18, United injunction; and purpose, relating to terrorism, national in- States Code, is amended by inserting after (ii) immediately appealable under section telligence or the national security.’’. the item relating to section 3512 the fol- 1292(a)(1) of title 28, United States Code. SEC. 566. UNIFORM STATUTE OF LIMITATIONS lowing: (d) SETTLEMENTS.— FOR CERTAIN IMMIGRATION, NATU- ‘‘3513. Signatures relating to immigration (1) CONSENT DECREES.—In any civil action RALIZATION, AND PEONAGE OF- matters.’’. FENSES. pertaining to the administration or enforce- TITLE VI—PROHIBITION ON TERRORISTS Section 3291 of title 18, United States Code, ment of the immigration laws, the court OBTAINING LAWFUL STATUS IN THE is amended by striking ‘‘No person’’ and all may not enter, approve, or continue a con- UNITED STATES sent decree that does not comply with the that follows through the period at the end Subtitle A—Prohibition on Adjustment to requirements of subsection (b)(1). and inserting the following: Lawful Permanent Resident Status (2) PRIVATE SETTLEMENT AGREEMENTS.— ‘‘No person shall be prosecuted, tried, or Nothing in this subsection shall preclude punished for a violation of any section of SEC. 601. LAWFUL PERMANENT RESIDENTS AS APPLICANTS FOR ADMISSION. parties from entering into a private settle- chapters 69 (relating to nationality and citi- Section 101(a)(13)(C) of the Immigration ment agreement that does not comply with zenship offenses) and 75 (relating to passport, and Nationality Act (8 U.S.C. 1101(a)(13)(C)) subsection (b)(1). visa, and immigration offenses), or for a violation of any criminal provision of sections is amended— (e) EXPEDITED PROCEEDINGS.—It shall be (1) in clause (v), by striking the ‘‘or’’ at the the duty of every court to advance on the 243, 274, 275, 276, 277, or 278 of the Immigra- tion and Nationality Act, or for an attempt end; docket and to expedite the disposition of any (2) in clause (vi), by striking the period and civil action or motion considered under this or conspiracy to violate any such section, unless the indictment is returned or the in- inserting a comma and ‘‘or’’; and section. (3) by adding at the end the following: (f) CONSENT DECREE DEFINED.—In this sec- formation is filed within ten years after the commission of the offense.’’. ‘‘(vii) is described in section 212(a)(3) or tion, the term ‘‘consent decree’’— section 237(a)(4).’’. (1) means any relief entered by the court SEC. 567. CONFORMING AMENDMENT TO THE SEC. 602. DATE OF ADMISSION FOR PURPOSES OF that is based in whole or in part on the con- DEFINITION OF RACKETEERING AC- TIVITY. ADJUSTMENT OF STATUS. sent or acquiescence of the parties; and (a) APPLICANTS FOR ADMISSION.—Section (2) does not include private settlements. Section 1961(1) of title 18, United States Code, is amended by striking ‘‘section 1542’’ 101(a)(13) of the Immigration and Nationality SEC. 565. USE OF 1986 IRCA LEGALIZATION IN- and all that follows through ‘‘section 1546 Act (8 U.S.C. 1101(a)(13)) is further amended FORMATION FOR NATIONAL SECU- by adding at the end the following: (relating to fraud and misuse of visas, per- RITY PURPOSES. ‘‘(D) Adjustment of status of the alien to mits, and other documents)’’ and inserting (a) SPECIAL AGRICULTURAL WORKERS.—Sec- that of an alien lawfully admitted for perma- ‘‘sections 1541–1547 (relating to passports and tion 210(b)(6) of the Immigration and Nation- nent residence under section 245 or any other visas)’’. ality Act (8 U.S.C. 1160(b)(6)) is amended— provision of law is an admission of the alien, (1) by striking ‘‘Attorney General’’ each SEC. 568. VALIDITY OF ELECTRONIC SIGNA- notwithstanding subparagraph (A) of this TURES. place that term appears and inserting ‘‘Sec- paragraph’’. (a) CIVIL CASES.— retary’’; (b) ELIGIBILITY TO BE REMOVED FOR A (2) in subparagraph (A), by striking ‘‘Jus- (1) IN GENERAL.—Chapter 9 of title II of the CRIME INVOLVING MORAL TURPITUDE.—Sub- tice’’ and inserting ‘‘Homeland Security’’; Immigration and Nationality Act (8 U.S.C. clause (I) of section 237(a)(2)(A)(i) of the Im- (3) by redesignating subparagraphs (C) and 1351 et seq.) is amended by adding at the end migration and Nationality Act (8 U.S.C. (D) as subparagraphs (D) and (E), respec- the following new section: 1227(a)(2)(A)(i)(I)) is amended by striking tively; ‘‘SEC. 295. VALIDITY OF SIGNATURES. ‘‘date of admission,’’ inserting ‘‘alien’s most (4) inserting after subparagraph (B) the fol- ‘‘(a) IN GENERAL.—In any proceeding, adju- recent date of admission;’’. lowing: dication, or any other matter arising under SEC. 603. PRECLUDING ASYLEE AND REFUGEE ‘‘(C) AUTHORIZED DISCLOSURES.— the immigration laws, an individual’s hand ADJUSTMENT OF STATUS FOR CER- ‘‘(i) CENSUS PURPOSE.—The Secretary of written or electronic signature on any peti- TAIN GROUNDS OF INADMISSIBILITY Homeland Security may provide, in the Sec- tion, application, or any other document ex- AND DEPORTABILITY. retary’s discretion, for the furnishing of in- ecuted or provided for any purpose under the (a) GROUNDS FOR INADMISSIBILITY.—Section formation furnished under this section in the immigration laws establishes a rebuttable 209(c) of the Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended by striking same manner and circumstances as census presumption that the signature executed is ‘‘any other provision of such section (other information may be disclosed under section 8 that of the individual signing, that the indi- than paragraph (2)(C) or subparagraph (A), of title 13, United States Code.’’. vidual is aware of the contents of the docu- (B), (C), or (E) of paragraph (3))’’ and insert- ‘‘(ii) NATIONAL SECURITY PURPOSE.—The ment, and intends to sign it.’’. ing ‘‘paragraph (1) of such section’’. Secretary of Homeland Security may pro- ‘‘(b) RECORD INTEGRITY.—The Secretary of Homeland Security shall establish proce- (b) NEED HEADER.—Section 209(c) of the vide, in the Secretary’s discretion, for the Immigration and Nationality Act (8 U.S.C. furnishing, use, publication, or release of in- dures to ensure that when any electronic signature is captured for any petition, applica- 1159(c)) is amended by striking ‘‘(other than formation furnished under this section in paragraph (2)(C) or subparagraph (A), (B), tion, or other document submitted for pur- any investigation, case, or matter, or for any (C), or (E) of paragraph (3))’’, and inserting poses of obtaining an immigration benefit, purpose, relating to terrorism, national in- ‘‘(other than paragraph 2(C) or (G) or sub- the identity of the person is verified and au- telligence or the national security.’’; and paragraph (A), (B), (C), (E), (F) or (G) of para- thenticated, and the record of such identi- (5) in subparagraph (D), as redesignated, graph (3))’’. fication and verification is preserved for liti- striking ‘‘Service’’ and inserting ‘‘Depart- (c) GROUNDS FOR DEPORTABILITY.—Section ment of Homeland Security’’. gation purposes.’’. 209 of the Immigration and Nationality Act (b) ADJUSTMENT OF STATUS.—Section 245A (2) CLERICAL AMENDMENT.—The table of (8 U.S.C. 1159) is amended by adding at the of the Immigration and Nationality Act (8 contents in the first section of the Immigra- end the following: U.S.C. 1255a), is amended in subsection tion and Nationality Act is amended by in- ‘‘(d) GROUNDS FOR DEPORTABILITY.—An (c)(5)— serting after the item relating to section 294 alien may not adjust status under this sec- (1) by striking ‘‘Attorney General’’ each the following: tion if the alien is deportable under any pro- place that term appears and inserting ‘‘Sec- ‘‘Sec. 295. Validity of signatures.’’. vision of section 237 except subsections (a)(5) retary of Homeland Security’’; (b) CRIMINAL CASES.— of such section.’’.

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(d) EFFECTIVE DATE.—The amendments States for permanent residence, and is not in section 274A(h)(3), or who has otherwise made by this section shall apply to— subject to exclusion, deportation, or removal violated the terms of a nonimmigrant visa.’’. (1) any act that occurred before, on, or from the United States; and SEC. 607. TREATMENT OF APPLICATIONS FOR AD- after the date of the enactment of this Act; ‘‘(C) an immigrant visa is immediately JUSTMENT OF STATUS DURING and available to the alien at the time the alien’s PENDING DENATURALIZATION PRO- (2) all aliens who are required to establish application is filed. CEEDINGS. Section 245 of the Immigration and Nation- admissibility on or after such date, and in all ‘‘(2) IMMEDIATELY AVAILABLE.—For pur- removal, deportation, or exclusion pro- poses of this section, the term ‘immediately ality Act (8 U.S.C. 1451), as amended by sec- ceedings that are filed, pending, or reopened, available’ means that on the date of filing of tion 605, is further amended by adding a new subsection (n) to read as follows: on or after such date. the application for adjustment of status, the ‘‘(n) Treatment of Applications During SEC. 604. PRECLUDING REFUGEE ADJUSTMENT visa category under which the alien is seek- Pending Denaturalization Proceedings. No OF STATUS FOR PERSECUTORS AND ing permanent residence is current as deter- HUMAN RIGHTS VIOLATORS. application for adjustment of status may be mined by the Secretary of State and re- considered or approved by the Secretary of (a) PROHIBITION OF REFUGEES SEEKING AD- flected in the Department of State’s visa bul- Homeland Security or Attorney General, and JUSTMENT OF STATUS TO LAWFUL PERMANENT letin for the month in which the application no court shall order the approval of an appli- RESIDENCY WHO HAVE ENGAGED IN NAZI PER- for adjustment of status is filed. cation for adjustment of status if the ap- SECUTION, GENOCIDE, SEVERE VIOLATIONS OF ‘‘(3) REQUIREMENT TO OBTAIN AN IMMIGRANT proved petition for classification under sec- RELIGIOUS FREEDOM, TORTURE, VISA OUTSIDE THE UNITED STATES.—Notwith- tion 204 that is the underlying basis for the EXTRAJUDICIAL KILLING, OR THE RECRUIT- standing any provision in this section, the application for adjustment of status was MENT/USE OF CHILD SOLDIERS.—Section 209(c) Secretary of Homeland Security, in the Sec- of the Immigration and Nationality Act (8 filed by an individual who has a judicial pro- retary’s sole and unreviewable discretion, ceeding pending against him or her that U.S.C. 1159(c)) is amended by striking may— ‘‘(other than paragraph (2)(C) or subpara- would result in the individual’s ‘‘(A) prohibit an alien from seeking an ad- graph (A), (B), (C), or (E) of paragraph (3))’’, denaturalization under section 340.’’. justment of status under paragraph (1) while and inserting ‘‘(other than paragraph 2(C) or SEC. 608. EXTENSION OF TIME LIMIT TO PERMIT the alien is present in the United States; and (G) or subparagraph (A), (B), (C), (E), (F) or RESCISSION OF PERMANENT RESI- ‘‘(B) require the alien to seek permanent DENT STATUS. (G) of paragraph (3))’’. Section 246 of the Immigration and Nation- (b) REVOCATION OF LAWFUL PERMANENT residence by applying for an immigrant visa ality Act (8 U.S.C. 1256(a)) is amended— RESIDENT STATUS FOR HUMAN RIGHTS VIOLA- at a United States embassy or consulate in (1) in subsection (a) by— TORS.—Section 240(b)(5) of the Immigration the alien’s home country or other foreign and Nationality Act (8 U.S.C. 1229a(b)(5)) is country, as designated by the Secretary of (A) inserting ‘‘(1)’’ after ‘‘(a)’’; amended by inserting at the end a new sub- State, (B) striking ‘‘within five years’’ and insert- paragraph (F) to read as follows— if the Secretary of Homeland Security deter- ing ‘‘within 10 years’’; ‘‘(F) Additional application to certain mines that the alien may be a threat to na- (C) striking ‘‘Attorney General’’ each place aliens outside the United States who are as- tional security or public safety or if the Sec- that term appears and inserting ‘‘Secretary sociated with human rights violations. The retary of Homeland Security determines of Homeland Security’’; and (D) adding at the end the following: preceding provisions of this paragraph shall that a favorable exercise of discretion to ‘‘(2) In any removal proceeding involving apply to any alien placed in proceedings allow such adjustment of status in the an alien whose status has been rescinded under this section who is outside of the United States is not warranted.’’. under this subsection, the determination by United States, has received notice of pro- (b) PROHIBITION ON TERRORISTS AND ALIENS the Secretary that the alien was not eligible ceedings under section 240(a) either within or WHO POSE A THREAT TO NATIONAL SECURITY for adjustment of status is not subject to re- outside of the United States, and is described OR PUBLIC SAFETY ON ADJUSTMENT TO LAW- view or reconsideration during such pro- in section 212(a)(2)(G) (officials who have FUL PERMANENT RESIDENT STATUS.—Sub- ceedings.’’. committed particularly severe violations of section (c) of section 245 of the Immigration (2) by redesignating subsection (b) as sub- and Nationality Act (8 U.S.C. 1255(c)) is religious freedom), 212(a)(3)(E) (Nazi persecu- section (c); and amended to read as follows: tion, genocide, extrajudicial killing, or tor- (3) by inserting new subsection (b) to read ture), or 212(a)(3)(G) (recruitment or use of ‘‘(c) ALIENS NOT ELIGIBLE FOR ADJUSTMENT as follows: child soldiers).’’. OF STATUS.—Other than an alien having an ‘‘(b) Nothing in subsection (a) shall require SEC. 605. REMOVAL OF CONDITION ON LAWFUL approved petition for classification as a the Secretary of Homeland Security to re- PERMANENT RESIDENT STATUS VAWA self-petitioner, subsection (a) shall scind the alien’s status prior to commence- PRIOR TO NATURALIZATION. not be applicable to— ment of proceedings to remove the alien Sections 216(e) and 216A(e) of the Immigra- ‘‘(1) an alien crewman; tion and Nationality Act (8 U.S.C. 1186a(e), under section 240 of the Act. The Secretary ‘‘(2) subject to subsection (k), an alien of Homeland Security may commence re- 1186b(e)) are amended by striking the period (other than an immediate relative as defined at the end and inserting ‘‘, if the alien has moval proceedings at any time against any in section 201(b) or a special immigrant de- alien who is removable, including those had the conditional basis removed pursuant scribed in subparagraph (H), (I), (J), or (K) of to this section.’’. aliens who adjusted status under section 245 section 101(a)(27)) who hereafter continues in or 249 of the Act or any other provision of SEC. 606. PROHIBITION ON TERRORISTS AND or accepts unauthorized employment prior to ALIENS WHO POSE A THREAT TO NA- law to that of an alien lawfully admitted for filing an application for adjustment of status permanent residence. This section of the Act TIONAL SECURITY OR PUBLIC SAFE- or who is in unlawful immigration status on TY FROM RECEIVING AN ADJUST- contains no statute of limitations with re- MENT OF STATUS. the date of filing the application for adjust- spect to commencement of removal pro- (a) APPLICATION FOR ADJUSTMENT OF STA- ment of status or who has failed (other than ceedings under section 240. An order of re- TUS IN THE UNITED STATES.—Section 245 of through no fault of his or her own or for moval issued by an immigration judge shall the Immigration and Nationality Act (8 technical reasons) to maintain continuously be sufficient to rescind the alien’s status.’’. a lawful status since entry into the United U.S.C. 1255) is amended by striking the sec- SEC. 609. BARRING PERSECUTORS AND TERROR- tion heading and subsection (a) and inserting States; ISTS FROM REGISTRY. the following: ‘‘(3) any alien admitted in transit without Section 249 of the Immigration and Nation- ‘‘SEC. 245. ADJUSTMENT OF STATUS TO THAT OF visa under section 212(d)(4)(C); ality Act (8 U.S.C. 1259) is amended to read A PERSON ADMITTED FOR PERMA- ‘‘(4) an alien (other than an immediate rel- as follows: NENT RESIDENCE. ative as defined in section 201(b)) who was ‘‘(a) IN GENERAL.—The Secretary of Home- ‘‘(a) IN GENERAL.— admitted as a nonimmigrant visitor without land Security, in the discretion of the Sec- ‘‘(1) ELIGIBILITY FOR ADJUSTMENT.—The a visa under section 212(l) or section 217; retary and under such regulations as the status of an alien who was inspected and ad- ‘‘(5) an alien who was admitted as a non- Secretary may prescribe, may enter a record mitted or paroled into the United States or immigrant described in section 101(a)(15)(S); of lawful admission for permanent residence the status of any other alien having an ap- ‘‘(6) an alien who described in section in the case of any alien, if no such record is proved petition for classification as a VAWA 237(a)(4)(B), (F), or (G); otherwise available and the alien— self-petitioner may be adjusted by the Sec- ‘‘(7) any alien who seeks adjustment of sta- ‘‘(1) entered the United States before Janu- retary of Homeland Security or Attorney tus to that of an immigrant under section ary 1, 1972; General, in the discretion of the Secretary of 203(b) and is not in a lawful nonimmigrant ‘‘(2) has continuously resided in the United Homeland Security or Attorney General, and status; States since such entry; under such regulations as the Secretary of ‘‘(8) any alien who at any time has com- ‘‘(3) has been a person of good moral char- Homeland Security or Attorney General may mitted, ordered, incited, assisted, or other- acter since such entry; prescribe, to that of an alien lawfully admit- wise participated in the persecution of any ‘‘(4) is not ineligible for citizenship; ted for permanent residence if— person on account of race, religion, nation- ‘‘(5) is not described in paragraph (1)(A)(iv), ‘‘(A) the alien makes an application for ality, membership in a particular social (2), (3), (6)(C), (6)(E), (8), or (9)(C) of section such adjustment; group, or political opinion; or 212(a); ‘‘(B) the alien is eligible to receive an im- ‘‘(9) any alien who was employed while the ‘‘(6) is not described in paragraph (1)(E), migrant visa, is admissible to the United alien was an unauthorized alien, as defined (1)(G), (2), (4) of section 237(a); and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4875 ‘‘(7) did not, at any time, without reason- General may, in the unreviewable discretion taining to such entry, in the custody of the able cause, fail or refuse to attend or remain of the Secretary or the Attorney General, de- Service. in attendance at a proceeding to determine termine that this paragraph shall not apply ‘‘(c) LIMITATIONS ON REVIEW.—Notwith- the alien’s inadmissibility or deportability. in the case of a single aggravated felony con- standing the provisions of section 405(b), and ‘‘(b) RECORDATION DATE OF PERMANENT viction (other than murder, manslaughter, except as provided in sections 328 and 329 of RESIDENCE.—The record of an alien’s lawful homicide, rape, or any sex offense when the this title— admission for permanence residence shall be victim of such sex offense was a minor) for ‘‘(1) No person shall be naturalized against the date the Secretary approves the applica- which completion of the term of imprison- whom there is outstanding a final finding of tion for such status under this section.’’. ment or the sentence (whichever is later) oc- deportability pursuant to a warrant of arrest Subtitle B—Prohibition on Naturalization curred 15 or more years before the date of ap- issued under the provisions of this chapter or and United States Citizenship plication;’’; and any other Act. (B) by inserting after paragraph (10), as ‘‘(2)(A) No application for naturalization SEC. 621. BARRING TERRORISTS FROM BECOM- shall be considered by the Secretary of ING NATURALIZED UNITED STATES added by section 506, the following: CITIZENS. ‘‘(11) one who the Secretary of Homeland Homeland Security or any court if there is (a) Section 316 of the Immigration and Na- Security or the Attorney General deter- pending against the applicant any removal tionality Act (8 U.S.C. 1427) is amended by mines, in the unreviewable discretion of the proceeding or other proceeding to determine adding at the end the following: Secretary of Homeland Security or the At- whether the applicant’s lawful permanent ‘‘(g) PERSONS ENDANGERING NATIONAL SE- torney General of Homeland Security, to resident status should be rescinded, regard- CURITY.— have been at any time an alien described in less of when such proceeding was com- ‘‘(1) PROHIBITION ON NATURALIZATION.— section 212(a)(3) or 237(a)(4), which deter- menced. ‘‘(A) IN GENERAL.—No person may be natu- mination— ‘‘(B) The findings of the Attorney General ralized if the Secretary of Homeland Secu- ‘‘(A) may be based upon any relevant infor- in terminating removal proceedings or in rity makes a determination, in the discre- mation or evidence, including classified, sen- cancelling the removal of an alien pursuant tion of the Secretary, that the alien is an sitive, or national security information; and to the provisions of this Act, shall not be alien described in section 212(a)(3) or 237(a)(4) ‘‘(B) shall be binding upon any court re- deemed binding in any way upon the Sec- at any time, including any period prior to, or gardless of the applicable standard of re- retary of Homeland Security with respect to after the filing of an application for natu- view.’’; and the question of whether such person has es- ralization. (2) by striking the first sentence of the un- tablished his or her eligibility for naturaliza- ‘‘(B) EXCEPTION.—Subparagraph (A), as it designated paragraph at the end and insert- tion as required by this Act.’’. relates to an alien described in section ing following: SEC. 624. LIMITATION ON JUDICIAL REVIEW ø 212(a)(3), shall not apply if the alien received ‘‘ Client - made some change here and I can’t WHEN AGENCY HAS NOT MADE DECI- figure out what it is.¿ The fact that any per- SION ON NATURALIZATION APPLICA- an exemption under section 212(d)(3)(B)(i) TION AND ON DENIALS. and the only conduct or actions that make son is not within any of the foregoing classes shall not preclude a discretionary finding for (a) LIMITATION ON REVIEW OF PENDING NAT- the alien come within the ambit of section URALIZATION APPLICATIONS.—Subsection (b) 212(a)(3) and would bar the alien from natu- other reasons that such a person is or was not of good character. The Secretary of of section 336 of the Immigration and Na- ralization are specifically covered by such tionality Act (8 U.S.C. 1447(b)) is amended to exemption. Homeland Security or the Attorney General shall not be limited to the applicant’s con- read as follows: ‘‘(2) BASIS FOR DETERMINATION; PROHIBITION ‘‘(b) REQUEST FOR HEARING BEFORE DIS- duct during the period for which good moral ON REVIEW.—A determination made under TRICT COURT.—If no final administrative de- character is required, but may take into con- paragraph (1) may be based upon any rel- termination is made on an application for sideration as a basis for determination the evant information or evidence, including naturalization under section 335 prior to the applicant’s conduct and acts at any time.’’. classified, sensitive, or national security in- end of the 180-day period beginning on the formation.’’. (b) AGGRAVATED FELONS.—Subsection (b) of section 509 of the Immigration Act of 1990 date on which the Secretary of Homeland Se- (b) Section 340(d) of the Immigration and curity completes all examinations and inter- Nationality Act (8 U.S.C. 1451(e)) is amended (Public Law 101–649; 8 U.S.C. 1101 note) is amended by striking ‘‘convictions’’ and all views conducted under such section, as such by revising the first sentence to read as fol- terms are defined by the Secretary pursuant lows— that follows through the end and inserting ‘‘convictions occurring before, on, or after to regulations, the applicant may apply to such date.’’. the district court for the district in which (c) EFFECTIVE DATE AND APPLICATION.— the applicant resides for a hearing on the ″Any person who claims United States citi- (1) SUBSECTIONS (a) AND (b).—The amend- matter. Such court shall only have jurisdic- zenship through the naturalization of a par- ments made by subsections (a) and (b) shall tion to review the basis for delay and remand ent or spouse in whose case there is a revoca- take effect on the date of the enactment of the matter to the Secretary for the Sec- tion and setting aside of the order admitting this Act, shall apply to any act that oc- retary’s determination on the application.’’. such parent or spouse to citizenship under curred before, on, or after the date of enact- (b) LIMITATIONS ON REVIEW OF DENIAL.— the provisions of— ment, and shall apply to any application for Subsection (c) of section 310 of the Immigra- naturalization or any other benefit or relief, tion and Nationality Act (8 U.S.C. 1421(c)) is ‘‘(1) subsection (a) of this section on the or any other case or matter under the immi- amended to read as follows: ground that the order and certificate of nat- ‘‘(c) JUDICIAL REVIEW.— gration laws pending on or filed after the uralization were procured by concealment of ‘‘(1) JUDICIAL REVIEW OF DENIAL.—A person date of enactment of this Act. a material fact or by willful misrepresenta- whose application for naturalization under (2) SUBSECTION (c).—The amendments made tion, or this title is denied, after a hearing before an by subsection (c) shall take effect as if in- ‘‘(2) subsection of (e) of this section pursu- immigration officer under section 336(a), cluded in the enactment of the Intelligence ant to a conviction under section 1425 of title may seek, not later than 120 days after the Reform and Terrorism Prevention Act of 2004 18, date of the Secretary of Homeland Security’s (Public Law 108–458). shall be deemed to have lost and to lose his administratively final determination on the citizenship and any right or privilege of citi- SEC. 623. PROHIBITION ON JUDICIAL REVIEW OF application, review of such denial before the NATURALIZATION APPLICATIONS zenship which he may have, now has, or may FOR ALIENS IN REMOVAL PRO- United States district court for the district hereafter acquire under and by virtue of such CEEDINGS. in which such person resides in accordance naturalization of such parent or spouse, re- Section 318 of the Immigration and Nation- with chapter 7 of title 5, United States Code. gardless of whether such person is residing ality Act (8 U.S.C. 1429) is amended in its en- ‘‘(2) BURDEN OF PROOF.—The burden shall within or without the United States at the tirety to read as follows: be upon the petitioner to show that the de- time of the revocation and setting aside of ‘‘(a) IN GENERAL.—Except as otherwise pro- nial by the Secretary of Homeland Security the order admitting such parent or spouse to vided in this subchapter, no person shall be of the application for naturalization was not citizenship.’’. naturalized unless he has been lawfully ad- supported by facially legitimate and bona SEC. 622. TERRORIST BAR TO GOOD MORAL mitted to the United States for permanent fide reasons. CHARACTER. residence in accordance with all applicable ‘‘(3) LIMITATIONS ON REVIEW.—Except in a (a) DEFINITION OF GOOD MORAL CHAR- provisions of this chapter. proceeding under section 340, and notwith- ACTER.— ‘‘(b) BURDEN OF PROOF.—The burden of standing any other provision of law, includ- (1) EXCLUSION OF TERRORIST ALIENS.—Sec- proof shall be upon such person to show that ing section 2241 of title 28, United States tion 101(f) of the Immigration and Nation- he entered the United States lawfully, and Code, any other habeas corpus provision, and ality Act (8 U.S.C. 1101(f)), as amended by the time, place, and manner of such entry sections 1361 and 1651 of such title, no court sections 506 and 508, is further amended— into the United States, but in presenting shall have jurisdiction to determine, or to (A) in paragraph (8), by striking ‘‘; or’’ and such proof he shall be entitled to the produc- review a determination of the Secretary of inserting ‘‘, regardless whether the crime tion of his immigrant visa, if any, or of other Homeland Security made at any time re- was classified as an aggravated felony at the entry document, if any, and of any other garding, whether, for purposes of an applica- time of conviction, provided that, the Sec- documents and records, not considered by tion for naturalization, an alien— retary of Homeland Security or Attorney the Attorney General to be confidential, per- ‘‘(A) is a person of good moral character;

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‘‘(B) understands and is attached to the (b) EFFECTIVE DATE.—The amendments (b) REVOCATION OR DENIAL OF PASSPORTS principles of the Constitution of the United made by subsection (a) shall take effect on AND PASSPORT CARDS TO INDIVIDUALS WHO States; or the date of the enactment of this Act and ARE AFFILIATED WITH FOREIGN TERRORIST ‘‘(C) is well disposed to the good order and shall apply to acts that occur on or after ORGANIZATIONS.—The Act entitled ‘‘An Act happiness of the United States.’’. such date. to regulate the issue and validity of pass- (c) EFFECTIVE DATE AND APPLICATION.—The SEC. 627. TREATMENT OF PENDING APPLICA- ports, and for other purposes’’, approved July amendments made by this subsection— TIONS DURING DENATURALIZATION 3, 1926 (22 U.S.C. 211a et seq.), which is com- (1) shall take effect on the date of the en- PROCEEDINGS. monly known as the ‘‘Passport Act of 1926’’, actment of this Act; (a) Section 204(b) of the Immigration and is amended by adding at the end the fol- (2) shall apply to any act that occurred be- Nationality Act (8 U.S.C. 1154(b)) is amended lowing: fore, on, or after such date of enactment; and by— ‘‘SEC. 5. AUTHORITY TO DENY OR REVOKE PASS- (3) shall apply to any application for natu- (1) inserting ‘‘(1) IN GENERAL.—Except as PORT AND PASSPORT CARD. ralization or any other case or matter under provided in subsection (b)(2),’’ before ‘‘(a) INELIGIBILITY.— the immigration laws that is pending on, or ‘‘After’’; ‘‘(1) ISSUANCE.—Except as provided under filed after, such date of enactment. (2) revising the term ‘‘After’’ to read subsection (b), the Secretary of State shall SEC. 625. CLARIFICATION OF ‘‘after’’; and refuse to issue a passport or passport card to DENATURALIZATION AUTHORITY. (3) inserting new subsection (b)(2) to read any individual— Section 340 of the Immigration and Nation- as follows: ‘‘(A) who has been convicted under chapter ality Act (8 U.S.C. 1451) is amended— ‘‘(2) Treatment of petitions during pending 113B of title 18, United States Code; or (1) in subsection (a), by striking ‘‘United denaturalization proceedings. The Secretary ‘‘(B)(i) whom the Secretary has determined States attorneys for the respective dis- shall not adjudicate or approve any petition is a member of or is otherwise affiliated with tricts,’’ and inserting ‘‘Attorney General,’’; filed under this section by an individual who an organization the Secretary has designated and has a judicial proceeding pending against as a foreign terrorist organization pursuant (2) by striking subsection (c) and inserting him or her that would result in the individ- to section 219 of the Immigration and Na- the following: ual’s denaturalization under section 340 until tionality Act (8 U.S.C. 1189); or ‘‘(c) BURDEN.—The burden of proof shall be such proceedings have concluded and, if ap- ‘‘(ii) has aided, abetted, or provided mate- on the Government to establish, by clear, plicable, the period for appeal has expired or unequivocal, and convincing evidence, that rial support to such an organization. any appeals have been finally decided.’’. ‘‘(2) REVOCATION.—The Secretary of State an order granting citizenship to an alien (b) Section 340 of the Immigration and Na- should be revoked and a certificate of natu- shall revoke a passport previously issued to tionality Act (8 U.S.C. 1451), as amended by any individual described in paragraph (1). ralization cancelled because such order and section 626, is further amended by inserting certificate were illegally procured or were ‘‘(b) EXCEPTIONS.— new subsection (e) to read as follows: procured by concealment of a material fact ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI- ‘‘(e) WITHHOLDING OF IMMIGRATION BENE- or by willful misrepresentation.’’. TARIAN REASONS, AND LAW ENFORCEMENT PUR- FITS DURING DENATURALIZATION PRO- SEC. 626. DENATURALIZATION OF TERRORISTS. POSES.—Notwithstanding subsection (a), the CEEDINGS.—The Secretary shall not accept or (a) DENATURALIZATION FOR TERRORISTS AC- Secretary of State may issue, or decline to approve any application, petition, or request TIVITIES.—Section 340 of the Immigration revoke, a passport of an individual described for any immigration benefit from an indi- and Nationality Act (8 U.S.C. 1451) is amend- in such subsection in emergency cir- vidual against whom there is a judicial pro- ed by— cumstances, for humanitarian reasons, or for ceeding pending that would result in the in- (1) redesignating subsection (d) through (h) law enforcement purposes. dividual’s denaturalization under this sec- as subsections (f) through (j); and ‘‘(2) LIMITATION FOR RETURN TO UNITED tion until such proceedings have concluded (2) inserting new subsection (d) to read as STATES.—Notwithstanding subsection (a)(2), and, if applicable, the period for appeal has follows: the Secretary of State, before revocation, expired or any appeals have been finally de- ‘‘(d) COMMISSION OF TERRORIST ACTS AFTER may— cided.’’. NATURALIZATION.— ‘‘(A) limit a previously issued passport for SEC. 628. NATURALIZATION DOCUMENT RETEN- ‘‘(1) IN GENERAL.—If a person who has been use only for return travel to the United TION. naturalized shall, within 15 years following States; or (a) IN GENERAL.—Chapter 2 of title III of such naturalization, participate in any act ‘‘(B) issue a limited passport that only per- the Immigration and Nationality Act (8 described in subsection (d)(2), such act or mits return travel to the United States. U.S.C. 1421 et seq.) is amended by inserting acts shall be considered prima facie evidence ‘‘(c) RIGHT OF REVIEW.—Any individual after section 344 the following: that such person was not attached to the who, in accordance with this section, is de- principles of the Constitution of the United ‘‘SEC. 345. NATURALIZATION DOCUMENT RETEN- nied issuance of a passport by the Secretary TION. States and was not well disposed to the good of State, or whose passport is revoked or ‘‘The Secretary shall retain the original order and happiness of the United States at otherwise limited by the Secretary of State, paper naturalization application and all sup- the time of naturalization, and, in the ab- may request a hearing before the Secretary porting paper documents submitted with the sence of countervailing evidence, it shall be of State not later than 60 days after receiv- application at the time of filing for a min- sufficient in the proper proceeding to author- ing notice of such denial, revocation, or limi- imum of 7 years for law enforcement and na- ize the revocation and setting aside of the tation. tional security investigations and for litiga- order admitting such person to citizenship ‘‘(d) REPORT.—If the Secretary of State de- tion purposes, regardless of whether such and the cancellation of the certificate of nat- nies, issues, limits, or declines to revoke a documents are scanned into U.S. Citizenship uralization as having been obtained by con- passport or passport card under subsection and Immigration Services’ electronic immi- cealment of a material fact or by willful mis- (b), the Secretary shall, not later than 30 gration system or stored in any electronic representation, and such revocation and set- days after such denial, issuance, limitation, format.’’. ting aside of the order admitting such person or revocation, submit to Congress a report (b) CLERICAL AMENDMENT.—The table of to citizenship and such canceling of certifi- on such denial, issuance, limitation, or rev- contents in the first section of the Immigra- ocation, as the case may be.’’. cate of naturalization shall be effective as of tion and Nationality Act is amended by in- TITLE VII—OTHER MATTERS the original date of the order and certificate, serting after the item relating to section 344 respectively. the following: SEC. 701. OTHER IMMIGRATION AND NATION- ‘‘(2) ACTS DESCRIBED.—The acts described ALITY ACT AMENDMENTS. ‘‘Sec. 345. Naturalization document reten- in this paragraph that shall subject an indi- (a) NOTICE OF ADDRESS CHANGE.—Sub- tion.’’. vidual to denaturalization under subsection section (a) of section 265 of the Immigration (d)(1) are the following: Subtitle C—Forfeiture of Proceeds From and Nationality Act (8 U.S.C. 1305(a)) is ‘‘(A) Any activity a purpose of which is the Passport and Visa Offences, and Passport amended to read as follows: opposition to, or the control or overthrow of, Revocation. ‘‘(a) Each alien required to be registered the Government of the United States by SEC. 631. FORFEITURE OF PROCEEDS FROM under this Act who is within the United force, violence, or other unlawful means. PASSPORT AND VISA OFFENSES. States shall notify the Secretary of Home- ‘‘(B) Engaging in a terrorist activity (as Section 981(a)(1) of title 18, United States land Security of each change of address and defined in clauses (iii) and (iv) of section Code, is amended by adding at the end the new address within ten days from the date of 212(a)(3)(B)). following: such change and shall furnish such notice in ‘‘(C) Incitement of terrorist activity under ‘‘(J) Any property, real or personal, that the manner prescribed by the Secretary.’’. circumstances indicating an intention to has been used to commit or facilitate the (b) PHOTOGRAPHS FOR NATURALIZATION CER- cause death or serious bodily harm. commission of a violation of chapter 75, the TIFICATES.—Section 333 of the Immigration ‘‘(D) Receiving military-type training (as gross proceeds of such violation, and any and Nationality Act (8 U.S.C. 1444) is amend- defined in section 2339D(c)(1) of title 18, property traceable to any such property or ed by adding at the end the following: United States Code) from or on behalf of any proceeds.’’. ‘‘(c) The Secretary may modify the tech- organization that, at the time the training SEC. 632. PASSPORT REVOCATION ACT. nical requirements of this section in the Sec- was received, was a terrorist organization (as (a) SHORT TITLE.—This section may be retary’s discretion and as the Secretary may defined in section 212(a)(3)(B)(vi)).’’. cited as the ‘‘Passport Revocation Act’’. deem necessary to provide for photographs

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4877 to be furnished and used in a manner that is SEC. 706. FUNDING. ‘‘(A) The term ‘order of removal’ means efficient, secure, and consistent with the de- (a) IMPLEMENTATION.—The Director of the the order of the immigration judge, or other velopments in technology.’’. Office of Management and Budget shall de- such administrative officer to whom the At- SEC. 702. EXEMPTION FROM THE ADMINISTRA- termine and identify— torney General or the Secretary has dele- TIVE PROCEDURE ACT. (1) the appropriation accounts from which gated the responsibility for determining Except where promulgation of regulations the rescission under subsection (a) shall whether an alien is removable, concluding is specified in this Act, chapter 5 of title 5, apply; and that the alien is removable or ordering re- United States Code (commonly known as the (2) the amount of the rescission that shall moval.’’. ‘‘Administrative Procedures Act’’), and any be applied to each such account. (8) TITLE I AND II DEFINITIONS.—Subsection other law relating to rulemaking, informa- (b) REPORT.—Not later than 60 days after (b) of section 101 is amended— tion collection, or publication in the Federal the date of the enactment of this Act, the (A) in paragraph (1)(F)(i), by striking ‘‘At- Register, shall not apply to any action to Director of the Office of Management and torney General’’ and inserting ‘‘Secretary’’; implement this Act, and the amendments Budget shall submit a report to Congress and and made by this Act, to the extent the Sec- to the Secretary of the Treasury that de- (B) in paragraph (4), by striking ‘‘Immigra- retary, the Secretary of State, or the Attor- scribes the accounts and amounts deter- tion and Naturalization Service.’’ and insert- ney General determines that compliance mined and identified under subsection (b) for ing ‘‘Department.’’. with any such law would impede the expedi- rescission under subsection (a). (b) SECTION 103.— tious implementation of this Act or the (c) EXCEPTIONS.—This subsection shall not (1) IN GENERAL.—Section 103 (8 U.S.C. 1103) amendments made by this Act. apply to unobligated funds of— is amended by striking the section heading SEC. 703. EXEMPTION FROM THE PAPERWORK (1) the Department; and subsection (a)(1) and inserting the fol- REDUCTION ACT. (2) the Department of Defense; or lowing: Chapter 35 of title 44, United States Code, (3) the Department of Veterans Affairs. ‘‘SEC. 103. POWERS AND DUTIES. shall not apply to any action to implement TITLE VIII—TECHNICAL AMENDMENTS ‘‘(a)(1) The Secretary shall be charged with this Act or the amendments made by this SEC. 801. REFERENCES TO THE IMMIGRATION the administration and enforcement of this Act to the extent the Secretary of Homeland AND NATIONALITY ACT. Act and all other laws relating to the immi- Security, the Secretary of State, or the At- Except as otherwise expressly provided, gration and naturalization of aliens, except torney General determines that compliance whenever in this title an amendment or re- insofar as this Act or such laws relate to the with such law would impede the expeditious peal is expressed in terms of an amendment powers, functions, and duties conferred upon implementation of this Act or the amend- to, or repeal of, a section or other provision, the President, Attorney General, the Sec- ments made by this Act. the reference shall be considered to be made retary of Labor, the Secretary of Agri- SEC. 704. ABILITY TO FILL AND RETAIN DHS PO- to a section or other provision of the Immi- culture, the Secretary of Health and Human SITIONS IN U.S. TERRITORIES. gration and Nationality Act (8 U.S.C. 1101 et Services, the Commissioner of Social Secu- Section 530C of Title 28, United States seq.). rity, the Secretary of State, the officers of Code, is amended— SEC. 802. TITLE I TECHNICAL AMENDMENTS. the Department of State, or diplomatic or (1) in subsection (a) by inserting ‘‘or De- (a) SECTION 101.— consular officers: Provided, however, That a partment of Homeland Security’’ after ‘‘De- (1) DEPARTMENT.—Paragraph (8) of section determination and ruling by the Attorney partment of Justice’’ and inserting ‘‘or Sec- 101(a) (8 U.S.C. 1101(a)(8)) is amended to read General with respect to all questions of law retary of Homeland Security’’ after ‘‘Attor- as follows: shall be controlling.’’. ney’’; ‘‘(8) The term ‘Department’ means the De- (2) TECHNICAL AND CONFORMING CORREC- (2) in subsection (b)— partment of Homeland Security.’’. TIONS.—Subsection of section 103 (8 U.S.C. (A) in paragraph (1) introductory text by (2) IMMIGRANT.—Paragraph (15) of section 1103), as amended by paragraph (1), is further inserting ‘‘or Secretary of Homeland Secu- 101(a) (8 U.S.C. 1101(a)(15)) is amended— amended— rity’’ after ‘‘Attorney General’’; (A) in subparagraph (F)(i)— (A) in subsection (a)— (B) in paragraph (1)(K)(i) by inserting ‘‘or (i) by striking the term ‘‘Attorney Gen- (i) in paragraph (2), by striking ‘‘He’’ and within US territories or commonwealths’’ eral’’ each place that term appears and in- inserting ‘‘The Secretary’’; after ‘‘outside United States’’ and ‘‘or Sec- serting ‘‘Secretary’’; and (ii) in paragraph (3)— retary of Homeland Security’’ after ‘‘Attor- (ii) by striking ‘‘214(l)’’ and inserting (I) by striking ‘‘He’’ and inserting ‘‘The ney General’’; ‘‘214(m)’’; Secretary’’; (C) in paragraph (1)(K)(ii) ‘‘or Secretary of (B) in subparagraph (H)(i)— (II) by striking ‘‘he’’ and inserting ‘‘the Homeland Security’’ after ‘‘Attorney Gen- (i) in øsubclause (b)¿, by striking ‘‘certifies Secretary’’; and eral’’; to the Attorney General that the intending (III) by striking ‘‘his authority’’ and in- (D) in paragraph (2) by— employer has filed with the Secretary’’ and serting ‘‘the authority of the Secretary’’; (i) in subparagraph (A) by striking ‘‘for the inserting ‘‘certifies to the Secretary of (iii) in paragraph (4)— Immigration and Naturalization Service’’ Homeland Security that the intending em- (I) by striking ‘‘He’’ and inserting ‘‘The and inserting a ‘‘.’’ after ‘‘Drug Enforcement ployer has filed with the Secretary of Secretary’’; and Administration’’; and Labor’’; and (II) by striking ‘‘Service or the Depart- (ii) in subparagraph (A) by adding after ‘‘.’’ (ii) in øsubclause (c)¿, by striking ‘‘cer- ment of Justice’’ and insert the ‘‘Depart- ‘‘Further funds available to the Secretary of tifies to the Attorney General’’ and inserting ment’’; Homeland Security; ‘‘certifies to the Secretary of Homeland Se- (iv) in paragraph (5)— (iii) in subparagraph (B) by striking ‘‘and curity’’; and (I) by striking ‘‘He’’ and inserting ‘‘The for the Immigration and Naturalization (C) in subparagraph (M)(i), by striking the Secretary’’; Service’’ and replacing with ‘‘and for the term ‘‘Attorney General’’ each place that (II) by striking ‘‘his discretion,’’ and in- Secretary of Homeland Security’’; and term appears and inserting ‘‘Secretary’’. serting ‘‘the discretion of the Secretary,’’ (E) in paragraph (5) by striking ‘‘IMMIGRA- (3) IMMIGRATION OFFICER.—Paragraph (18) and TION AND NATURALIZATION SERVICE.—Funds of section 101(a) (8 U.S.C. 1101(a)(18)) is (III) by striking ‘‘him’’ and inserting ‘‘the available to the Attorney General. . .’’ and amended by striking ‘‘Service or of the Secretary’’; replacing with ‘‘DEPARTMENT OF HOMELAND United States designated by the Attorney (v) in paragraph (6)— SECURITY.— Funds available to the Secretary General,’’ and inserting ‘‘Department or of (I) by striking ‘‘He’’ and inserting ‘‘The of Homeland Security. . .’’; the United States designated by the Sec- Secretary’’; (F) in paragraph (7) by inserting ‘‘or the retary,’’. (II) by striking ‘‘Department’’ and insert- Secretary of Homeland Security’’ after ‘‘At- (4) SECRETARY.—Paragraph (34) of section ing ‘‘agency, department,’’; and torney General’’ and striking ‘‘the Immigra- 101(a) (8 U.S.C. 1101(a)(34)) is amended to read (III) by striking ‘‘Service.’’ and inserting tion and Naturalization Service’’ and replac- as follows: ‘‘Department or upon consular officers with ing with ‘‘U.S. Immigration and Customs En- ‘‘(34) The term ‘Secretary’ means the Sec- respect to the granting or refusal of visas’’; forcement’’; retary of Homeland Security, except as pro- (vi) in paragraph (7)— (3) in subsection (d) by inserting ‘‘or De- vided in section 219(d)(4).’’. (I) by striking ‘‘He’’ and inserting ‘‘The partment of Homeland Security’’ after ‘‘De- (5) SPECIAL IMMIGRANT.—Section Secretary’’; partment of Justice’’. 101(a)(27)(L)(iii) (8 U.S.C. 1101(a)(27)(L)(iii)) is (II) by striking ‘‘countries;’’ and inserting SEC. 705. SEVERABILITY. amended by adding a semicolon and ‘‘or’’ at ‘‘countries’’; If any provision of this Act or any amend- the end. (III) by striking ‘‘he’’ and inserting ‘‘the ment made by this Act, or any application of (6) MANAGERIAL CAPACITY; EXECUTIVE CA- Secretary’’; and such provision or amendment to any person PACITY.—Subparagraph (C) of section (IV) by striking ‘‘his judgment’’ and insert- or circumstance, is held to be unconstitu- 101(a)(44) (8 U.S.C. 1101(a)(44)(C)) is amended ing ‘‘the judgment of the Secretary’’; tional, the remainder of the provisions of by striking ‘‘Attorney General’’ and insert- (vii) in paragraph (8), by striking ‘‘Attor- this Act and the amendments made by this ing ‘‘Secretary’’. ney General’’ and inserting ‘‘Secretary’’; Act and the application of the provision or (7) ORDER OF REMOVAL.—Subparagraph (A) (viii) in paragraph (10), by striking ‘‘Attor- amendment to any other person or cir- of section 101(a)(47) (8 U.S.C. 1101(a)(47)(A)) is ney General’’ each place that term appears cumstance shall not be affected. amended to read as follows: and inserting ‘‘Secretary’’; and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4878 CONGRESSIONAL RECORD — SENATE August 3, 2017 (ix) in paragraph (11), by striking ‘‘Attor- (B) by inserting ‘‘the Secretary of Home- suant to the request of a State Department ney General,’’ and inserting ‘‘Secretary,’’; land Security or’’ before ‘‘Attorney General’’ of Public Health, or its equivalent), or of the (B) by amending subsection (c) to read as in subparagraph (D); Secretary after the Secretary has deter- follows: (2) in subsection (b)(2) by inserting ‘‘the mined that departure from the United States ‘‘(c) SECRETARY; APPOINTMENT.—The Sec- Secretary of Homeland Security or’’ before would impose exceptional hardship upon the retary shall be a citizen of the United States ‘‘Attorney General’’ wherever the term ap- alien’s spouse or child (if such spouse or and shall be appointed by the President, by pears; child is a citizen of the United States or a and with the advice and consent of the Sen- (3) in subsection (c)(1), by striking ‘‘the At- lawfully resident alien), or that the alien ate. The Secretary shall be charged with any torney General’’ and inserting ‘‘the Sec- cannot return to the country of his or her and all responsibilities and authority in the retary of Homeland Security’’; nationality or last residence because the administration of the Department and of (4) in paragraphs (2) and (3) of subsection alien would be subject to persecution on ac- this Act. The Secretary may enter into coop- (c), by inserting ‘‘the Secretary of Homeland count of race, religion, or political opinion, erative agreements with State and local law Security or’’ before ‘‘Attorney General’’; and the Secretary may waive the requirement of enforcement agencies for the purpose of as- (5) in subsection (d)— such two-year foreign residence abroad in sisting in the enforcement of the immigra- (A) in paragraph (1), by inserting ‘‘the Sec- the case of any alien whose admission to the tion laws.’’; retary of Homeland Security or’’ before ‘‘the United States is found by the Secretary to be (C) in subsection (e)— Attorney General’’, in the public interest except that in the case (i) in paragraph (1), by striking ‘‘Commis- (B) in paragraph (2), by striking ‘‘Attorney of a waiver requested by a State Department sioner’’ and inserting ‘‘Secretary’’; and General’’ and inserting ‘‘Secretary of Home- of Public Health, or its equivalent, or in the (ii) in paragraph (2), by striking ‘‘Service’’ land Security’’; and case of a waiver requested by an interested and inserting ‘‘U.S. Citizenship and Immi- (C) in paragraph (3)— United States Government agency on behalf gration Services’’; (i) by striking ‘‘Attorney General’’ each of an alien described in clause (iii), the waiv- (D) in subsection (f)— place that term appears and inserting ‘‘Sec- er shall be subject to the requirements under (i) by striking ‘‘Attorney General’’ and in- retary of Homeland Security’’; and section 214(l):’’. serting ‘‘Secretary’’; (ii) by striking ‘‘Attorney General’s’’ and (4) in subsections (g), (h), (i), and (k), by in- (ii) by striking ‘‘Immigration and Natu- inserting ‘‘Secretary’s’’. serting ‘‘or the Secretary’’ after ‘‘Attorney ralization Service’’ and inserting ‘‘Depart- (D) in paragraphs (4) through (6), by insert- General’’ each place that term appears; ment’’; and ing ‘‘the Secretary of Homeland Security or’’ (5) in subsection (m)(2)(E)(iv), by inserting (iii) by striking ‘‘Service,’’ and inserting before ‘‘the Attorney General’’; and ‘‘of Labor’’ after ‘‘Secretary’’ the second and (e) SECTION 209.—Section 209(a)(1)(A) (8 ‘‘Department,’’; and third place that term appears; U.S.C. 1159(a)(1)(A)) is amended by striking (E) in subsection (g)(1), by striking ‘‘Immi- (6) in subsection (n), by inserting ‘‘of ‘‘Secretary of Homeland Security or the At- gration Reform, Accountability and Security Labor’’ after ‘‘Secretary’’ each place that torney General’’ each place that term ap- Enhancement Act of 2002’’ and inserting term appears, except that this amendment pears and inserting ‘‘Secretary’’. ‘‘Homeland Security Act of 2002 (Public Law (f) SECTION 212.—Section 212 (8 U.S.C. 1182) shall not apply to references to the ‘‘Sec- 107–296; 116 Stat. 2135)’’. is amended— retary of Labor’’; and (3) CLERICAL AMENDMENT.—The table of (1) in subsection (a)— (7) in subsection (s), by inserting ‘‘, the contents in the first section is amended by (A) in paragraphs (2)(C), (2)(H)(ii), (2)(I), Secretary,’’ before ‘‘or the Attorney Gen- striking the item relating to section 103 and (3)(A), and (3)(B)(ii)(II), by inserting ‘‘, the eral’’. inserting the following: Secretary,’’ before ‘‘or the Attorney Gen- (g) SECTION 213A.—Section 213A (8 U.S.C. ‘‘Sec. 103. Powers and duties.’’. eral’’ each place that term appears; 1183a) is amended— (c) SECTION 105.—Section 105(a) is amended (B) in paragraph (3)(D), by inserting ‘‘the (1) in subsection (a)(1), in the matter pre- (8 U.S.C. 1105(a)) by striking ‘‘Commis- Secretary or’’ before ‘‘the Attorney General’’ ceding paragraph (1), by inserting ‘‘, the Sec- sioner’’ each place that term appears and in- each place that term appears; retary,’’ after ‘‘the Attorney General’’; and serting ‘‘Secretary’’. (C) in paragraph (4)— (2) in subsection (f)(6)(B), by inserting ‘‘the SEC. 803. TITLE II TECHNICAL AMENDMENTS. (i) in subparagraph (A), by inserting ‘‘the Secretary,’’ after ‘‘The Secretary of State,’’. (h) SECTION 214.—Subparagraph (A) of sec- Secretary or’’ before ‘‘the Attorney Gen- (a) SECTION 202.—Section 202(a)(1)(B) (8 tion 214(c)(9) (8 U.S.C. 1184(c)(9)(A) is amend- eral’’; and U.S.C. 1152(a)(1)(B)) is amended by inserting ed, in the matter preceding clause (i), by (ii) in subparagraph (B), by inserting ‘‘, the ‘‘the Secretary or’’ after ‘‘the authority of’’, striking ‘‘before’’. (b) SECTION 203.—Section 203 (8 U.S.C. 1153) Secretary,’’ before ‘‘or the Attorney Gen- (i) SECTION 217.—Section 217 (8 U.S.C. 1187) is amended— eral’’ each place that term appears; is amended— (1) in subsection (b)(2)(B)(ii)— (D) in paragraph (5)(C), by striking ‘‘or, in (1) in subsection (e)(3)(A), by inserting a (A) in subclause (II)— the case of an adjustment of status, the At- comma after ‘‘Regulations’’; (i) by inserting ‘‘the Secretary or’’ before torney General, a certificate from the Com- (2) in subsection (f)(2)(A), by striking ‘‘sec- ‘‘the Attorney General’’; and mission on Graduates of Foreign Nursing tion (c)(2)(C),’’ and inserting ‘‘subsection (ii) by moving such subclause 4 ems to the Schools, or a certificate from an equivalent (c)(2)(C),’’; and left; and independent credentialing organization ap- (3) in subsection (h)(3)(A), by striking (B) by moving subclauses (III) and (IV) 4 proved by the Attorney General’’ and insert- ‘‘the’’ before ‘‘alien’’ and inserting ‘‘an’’. ems to the left; and ing ‘‘or, in the case of an adjustment of sta- (j) SECTION 218.—Section 218 (8 U.S.C. 1188) (2) in subsection (g)— tus, the Secretary or the Attorney General, is amended— (A) by striking ‘‘Secretary’s’’ and inserting a certificate from the Commission on Grad- (1) by inserting ‘‘of Labor’’ after ‘‘Sec- ‘‘Secretary of State’s’’; and uates of Foreign Nursing Schools, or a cer- retary’’ each place that term appears, except (B) by inserting ‘‘of State’’ after ‘‘but the tificate from an equivalent independent that this amendment shall not apply to ref- Secretary’’. credentialing organization approved by the erences to the ‘‘Secretary of Labor’’ or to (c) SECTION 204.—Section 204 (8 U.S.C. 1154) Secretary’’; the ‘‘Secretary of Agriculture’’; is amended— (E) in paragraph (9)— (2) in subsection (c)(3)(B)(iii), by striking (1) in subsection (a)(1)— (i) in subparagraph (B)(v)— ‘‘Secretary’s’’ and inserting ‘‘Secretary of (A) in subparagraph (B)(i)— (I) by inserting ‘‘or the Secretary’’ after Labor’s’’; and (i) by redesignating the second subclause ‘‘Attorney General’’ each place that term ap- (3) in subsection (g)(4), by striking ‘‘Sec- (I), as added by section 402(a)(3)(B) of the pears; and retary’s’’ and inserting ‘‘Secretary of Agri- Adam Walsh Child Protection and Safety Act (II) by striking ‘‘has sole discretion’’ and culture’s’’. of 2006 (Public Law 109–248), as subclause (II); inserting ‘‘have discretion’’; and (k) SECTION 219.—Section 219 (8 U.S.C. 1189) and (ii) in subparagraph (C)(iii), by inserting is amended— (ii) indenting the left margin of such sub- ‘‘or the Attorney General’’ after ‘‘Secretary (1) in subsection (a)(1)(B)— clause two ems from the left margin; and of Homeland Security’’; and (A) by inserting a close parenthetical after (B) in subparagraph (G)(ii), by inserting (F) in paragraph (10)(C), in clauses (ii)(III) ‘‘section 212(a)(3)(B)’’; and ‘‘of State’’ after ‘‘by the Secretary’’; and (iii)(II), by striking ‘‘Secretary’s’’ and (B) by deleting ‘‘terrorism);’’ and inserting (2) in subsection (c), by inserting ‘‘the Sec- inserting ‘‘Secretary of State’s’’; ‘‘terrorism;’’; retary or’’ before ‘‘the Attorney General’’ (2) in subsection (d), in paragraphs (11) and (2) in subsection (c)(3)(D), by striking each place that term appears; and (12), by inserting ‘‘or the Secretary’’ after ‘‘(2),’’ and inserting ‘‘(2);’’; and (3) in subsection (e), by inserting ‘‘to’’ ‘‘Attorney General’’ each place that term ap- (3) in subsection (d)(4), by inserting ‘‘Sec- after ‘‘admitted’’. pears; retary of Homeland Security,’’ after ‘‘with (d) Section 208 of the Immigration and Na- (3) in subsection (e), by striking the first the’’. tionality Act (8 U.S.C. 1158) is amended— proviso and inserting ‘‘Provided, That upon (l) SECTION 222.—Section 222 (8 U.S.C. (1) in subsection (a)(2)— the favorable recommendation of the Direc- 1202)— (A) by inserting ‘‘the Secretary of Home- tor, pursuant to the request of an interested (1) by inserting ‘‘or the Secretary’’ after land Security or’’ before ‘‘Attorney General’’ United States Government agency (or, in the ‘‘Secretary of State’’ each place that term in subparagraph (A); case of an alien described in clause (iii), pur- appears; and

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4879 (2) in subsection (f)— (2) in subsection (c)— (1) by inserting ‘‘or the Secretary’’ after (A) in the matter preceding paragraph (1), (A) in paragraph (2), by inserting ‘‘, the ‘‘of the Attorney General’’; by inserting ‘‘, the Department,’’ after ‘‘De- Secretary of State, or the Secretary’’ before (2) by inserting ‘‘or the Secretary’’ after partment of State’’; and ‘‘to be confidential’’; and ‘‘status, the Attorney General’’; and (B) in paragraph (2), by striking ‘‘Sec- ø(B) in paragraph (7)(C)(iv)(I)), by striking (3) by striking ‘‘Attorney General to re- retary’s’’ and inserting ‘‘their’’. the extra comma after the second reference scind’’ and inserting ‘‘Secretary to rescind’’. (m) SECTION 231.—Section 231 (8 U.S.C. 1221) to the term ‘‘this title’’. Note: please clarify (cc) SECTION 249.—Section 249 (8 U.S.C. is amended— how to execute this amendment.¿ 1259) is amended by inserting ‘‘or the Sec- (1) in subsection (c)(10), by striking ‘‘Attor- (t) SECTION 240A.—Section 240A(b) (8 U.S.C. retary’’ after ‘‘Attorney General’’ each place ney General,’’ and inserting ‘‘Secretary,’’; 1229b(b)) is amended— that term appears. (2) in subsection (f), by striking ‘‘Attorney (1) in paragraph (3), by striking ‘‘Attorney (dd) SECTION 251.—Subsection (d) of section General’’ each place that term appears and General shall’’ and inserting ‘‘Secretary 251 (8 U.S.C. 1281(d)) is amended by striking inserting ‘‘Secretary’’; shall’’; and ‘‘Attorney General’’ and ‘‘Commissioner’’ (3) in subsection (g)— (2) in paragraph (4)(A), by striking ‘‘Attor- each place those terms appear and inserting (A) by striking ‘‘of the Attorney General’’ ney General’’ and inserting ‘‘Secretary’’. ‘‘Secretary’’. and inserting ‘‘of the Secretary’’; (u) SECTION 240B.—Section 240B (8 U.S.C. (ee) SECTION 254.—Subsection (a) of section ø(B) by striking ‘‘by the Attorney General’’ 1229c) is amended— 254 (8 U.S.C. 1284(a)) is amended by striking and inserting ‘‘by the Secretary’’; and¿ (1) in paragraphs (1) and (3) of subsection ‘‘Commissioner’’ each place that term ap- (C) by striking ‘‘Commissioner’’ each place (a), by inserting ‘‘or the Secretary’’ after pears and inserting ‘‘Secretary’’. that term appears and inserting ‘‘Sec- ‘‘Attorney General’’; and (ff) SECTION 255.—Section 255 (8 U.S.C. 1285) retary’’; and (2) in subsection (c), by inserting ‘‘and the is amended by striking ‘‘Commissioner’’ (4) in subsection (h), by striking ‘‘Attorney Secretary’’ after ‘‘Attorney General’’. each place that term appears and inserting General’’ each place that term appears and (v) SECTION 241.—Section 241 (8 U.S.C. 1231) ‘‘Secretary’’. inserting ‘‘Secretary’’. is amended— (gg) SECTION 256.—Section 256 (8 U.S.C. (n) SECTION 236.—Section 236 (8 U.S.C. 1226) (1) in subsection (a)(4)(B)(i), by inserting a 1286) is amended— is amended— close parenthetical after ‘‘(L)’’; (1) by striking ‘‘Commissioner’’ each place (1) in subsection (a)(2)(A), by inserting (2) in paragraph (2) of subsection (g)— that term appears and inserting ‘‘Sec- ‘‘the Secretary or’’ before ‘‘the Attorney (A) by striking the paragraph heading and retary’’; (2) in the first and second sentences, by General’’ the third place that term appears; inserting ‘‘DETENTION FACILITIES OF THE DE- striking ‘‘Attorney General’’ each places and PARTMENT OF HOMELAND SECURITY.—’’; (2) in subsection (e)— (B) by striking ‘‘Service,’’ and inserting that term appears and inserting ‘‘Sec- (A) by striking ‘‘review.’’ and inserting ‘‘Department’’; and retary’’. (hh) SECTION 258.—Section 258 (8 U.S.C. ‘‘review, other than administrative review (C) by striking ‘‘Commissioner’’ and insert- 1288) is amended— by the Attorney General pursuant to the au- ing ‘‘Secretary’’. (1) by inserting ‘‘of Labor’’ after ‘‘Sec- thority granted by section 103(g).’’; and (w) SECTION 242.—Section 242(g) (8 U.S.C. (B) by inserting ‘‘the Secretary or’’ before 1252(g)) is amended by inserting ‘‘the Sec- retary’’ each place that term appears, except ‘‘Attorney General under’’. that this amendment shall not apply to ref- retary or’’ before ‘‘the Attorney General’’. ø (o) SECTION 236A.—Paragraph (4) of section (x) SECTION 243.—Section 243 (8 U.S.C. 1253) erences to the ‘‘Secretary of Labor’’, the ¿ 236A(a) (8 U.S.C. 1226a(a)(4)) is amended by is amended— Secretary of State, or to subsection (e)(2); striking ‘‘Deputy Attorney General’’ both (1) in subparagraphs (A) and (B) of sub- (2) in subsection (d)(2)(A), by striking ‘‘at’’ places that term appears and inserting ‘‘Dep- section (c)(1)— after ‘‘while’’; and uty Secretary of Homeland Security’’. (A) by striking ‘‘Attorney General’’ each (3) in subsection (e)(2), by striking ‘‘the (p) SECTION 237.—Section 237(a) (8 U.S.C. place that term appears and inserting ‘‘Sec- Secretary shall’’ and inserting ‘‘the Sec- 1227(a)) is amended— retary’’; and retary of State shall’’. (1) in the matter preceding paragraph (1), (ii) SECTION 264.—Section 264(f) (8 U.S.C. (B) by striking ‘‘Commissioner’’ each place by inserting ‘‘following the initiation by the 1304) is amended by striking ‘‘Attorney Gen- that term appears and inserting ‘‘Sec- Secretary of removal proceedings’’ after eral is’’ and inserting ‘‘Attorney General and retary’’; and ‘‘upon the order of the Attorney General’’; Secretary are’’. (2) in subsection (d), by inserting ‘‘of and (jj) SECTION 272.—Section 272 (8 U.S.C. 1322) (2) in the heading of subparagraph (E) of State’’ after ‘‘notifies the Secretary’’. is amended by striking ‘‘Commissioner’’ (y) SECTION 244.—Section 244 (8 U.S.C. paragraph (2), by striking ‘‘CHILDREN each place that term appears and inserting 1254a) is amended— AND.—’’ and inserting ‘‘CHILDREN.—’’. ‘‘Secretary’’. (q) SECTION 238.—Section 238 (8 U.S.C. 1228) (1) in subsection (c)(2), by inserting ‘‘or the (kk) SECTION 273.—Section 273 (8 U.S.C. is amended— Secretary’’ after ‘‘Attorney General’’ each 1323) is amended— (1) in subsection (a)— place the term appears; and (1) by striking ‘‘Commissioner’’ each place (A) in paragraph (2), by striking ‘‘Attorney (2) in subsection (g), by inserting ‘‘or the that term appears and inserting ‘‘Sec- General’’ each place that term appears and Secretary’’ after ‘‘Attorney General’’. retary’’; and inserting ‘‘Secretary’’; and (z) SECTION 245.—Section 245 (8 U.S.C. 1255) (2) by striking ‘‘Attorney General’’ each (B) in paragraphs (3) and (4)(A), by insert- is amended— place that term appears, except in subsection ing ‘‘and the Secretary’’ after ‘‘Attorney (1) by inserting ‘‘or the Secretary’’ after (e) in the matter preceding paragraph (1), General’’ each place that term appears; ‘‘Attorney General’’ each place that term ap- and inserting ‘‘Secretary’’. (2) in subsection (b)— pears except in subsections (j) (other than (ll) SECTION 274.—Section 274(b)(2) (8 U.S.C. (A) in paragraph (3) and (4), by striking the first reference), (l), and (m); 1324(b)(2)) is amended by striking ‘‘Secretary ‘‘Attorney General’’ each place the term ap- (2) in subsection (c), striking the comma of the Treasury’’ and inserting ‘‘Secretary’’. pears and inserting ‘‘Secretary of Homeland after ‘‘section 101(a)(15)(S)’’ and inserting a (mm) SECTION 274B.—Paragraph (2) of sec- Security’’; and semicolon; tion 274B(f) (8 U.S.C. 1324b(f)(2)) is amended (B) in paragraph (5) by inserting ‘‘or the (3) in subsection (k)(1), adding an ‘‘and’’ at by striking ‘‘subsection’’ and inserting ‘‘sec- Secretary’’ after ‘‘Attorney General’’; and the end; tion’’. (3) in subsection (d), as so redesignated— (4) in subsection (l)— (nn) SECTION 274C.—Section 274C(d)(2)(A) (8 (A) by striking ‘‘Commissioner’’ and ‘‘At- (A) in paragraph (1), by inserting a comma U.S.C. 1324c(d)(2)(A)) is amended by inserting torney General’’ each place those terms ap- after ‘‘appropriate’’; and ‘‘or the Secretary’’ after ‘‘subsection (a), the pear and inserting ‘‘Secretary’’; and (B) in paragraph (2)— Attorney General’’. (B) in subparagraph (D)(iv), by striking (i) in the matter preceding paragraph (1), (oo) SECTION 274D.—Section 274D (8 U.S.C. ‘‘Attorney General’’ and inserting ‘‘United by striking ‘‘Attorney General’s’’ and insert- 1324d) is amended in subsection (a)(2) of sec- States Attorney’’. ing ‘‘Secretary’s’’; and tion 274D(a) (8 U.S.C. 1324d(a)(2)) is amended (r) SECTION 239.—Section 239(a)(1) (8 U.S.C. (ii) in subparagraph (B), by striking by striking ‘‘Commissioner’’ and inserting 1229(a)(1)) is amended by inserting ‘‘and the ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. ‘‘Secretary’’. Secretary’’ after ‘‘Attorney General’’ each (aa) SECTION 245A.—Section 245A (8 U.S.C. (pp) SECTION 286.—Section 286 (8 U.S.C. place that term appears. 1255a) is amended— 1356) is amended— (s) SECTION 240.—Section 240 (8 U.S.C. (1) by striking subparagraph (C) of sub- (1) in subsection (q)(1)(B), by striking ‘‘, in 1229a) is amended— section (c)(7); and consultation with the Secretary of the (1) in subsection (b)— (2) in subsection (h)(5)— Treasury,’’; (A) in paragraph (1), by inserting ‘‘, with ø(A) in subparagraph (A), by striking the (2) in subsection (r)(2), by striking ‘‘section the concurrence of the Secretary with re- second reference to ‘‘The’’; and Note: Please 245(i)(3)(b)’’ and inserting ‘‘section spect to employees of the Department’’ after clarify how to execute this amendment¿ 245(i)(3)(B)’’; ‘‘Attorney General’’; and (3) striking ‘‘(Public Law 96–122),’’ and in- (3) in subsection (s)(5)— (B) in paragraph (5)(A), by inserting ‘‘the serting ‘‘(Public Law 96–422),’’. (A) by striking ‘‘5 percent’’ and inserting Secretary or’’ before ‘‘the Attorney Gen- (bb) SECTION 246.—Section 246(a) (8 U.S.C. ‘‘USE OF FEES FOR DUTIES RELATING TO PETI- eral’’; and 1256(a)) is amended— TIONS.—Five percent’’; and

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(4) by striking ‘‘paragraph (1) (C) or (D) of (c) CORRECTION OF DEPARTMENT OF JUS- (59) Section 245 (except for subsection section 204’’ and inserting ‘‘subparagraph (C) TICE.— (i)(1)(B)(i), subsection (i)(3)) and the first ref- or (D) of section 204(a)(1)’’; and (1) IN GENERAL.—The Immigration and Na- erence to the Attorney General in subsection (5) in subsection (v)(2)(A)(i), by adding ‘‘of’’ tionality Act (8 U.S.C. 1101 et seq.), as 245(j)). after ‘‘number’’. amended by this Act, is further amended by (60) Section 245A(a)(1)(A). (qq) SECTION 294.—Section 294 (8 U.S.C. striking ‘‘Department of Justice’’ each place (61) Section 246(a). 1363a) is amended— that term appears and inserting ‘‘Depart- (62) Section 249. (1) in the undesignated matter following ment’’. (63) Section 264(f). paragraph (4) of subsection (a), by striking (2) EXCEPTIONS.—The amendment made by (64) Section 274(e). ‘‘Commissioner, in consultation with the paragraph (1) shall not apply in subsections (65) Section 274A. Deputy Attorney General,’’ and inserting (d)(3)(A) and (r)(5)(A) of section 214 (8 U.S.C. (66) Section 274B. ‘‘Secretary’’; and 1184), section 274B(c)(1) (8 U.S.C. 1324b(c)(1)), (67) Section 274C. (2) in subsection (d), by striking ‘‘Deputy or title V (8 U.S.C. 1531 et seq.). (68) Section 292. Attorney General’’ and inserting ‘‘Sec- (d) CORRECTION OF ATTORNEY GENERAL.— (69) Section 316(d). retary’’. The Immigration and Nationality Act (8 (70) Section 316(f)(1). SEC. 804. TITLE III TECHNICAL AMENDMENTS. U.S.C. 1101 et seq.) as amended by this Act, (71) Section 342. (a) SECTION 316.—Section 316 (8 U.S.C. 1427) is further amended by striking ‘‘Attorney (72) Section 412(f)(1)(A). is amended— General’’ each place that term appears and (73) Title V (except for subsections 506(a)(1) (1) in subsection (d), by inserting ‘‘or by inserting ‘‘Secretary’’, except for in the fol- and 507(b), (c), and (d) (first reference), to the Secretary’’ after ‘‘Attorney General’’; lowing: which the amendment shall apply). (1) Any joint references to the ‘‘Attorney and SEC. 808. REPEALS; CONSTRUCTION. General and the Secretary of Homeland Se- (2) in subsection (f)(1), by striking ‘‘Intel- (a) REPEALS.— curity’’ or ‘‘the Secretary of Homeland Secu- ligence, the Attorney General and the Com- (1) IMMIGRATION AND NATURALIZATION SERV- rity and the Attorney General’’. missioner of Immigration’’ and inserting ICE.— (2) Section 101(a)(5). ‘‘Intelligence and the Secretary’’. (A) IN GENERAL.—Section 4 of the Act of (3) Subparagraphs (S), (T), and (V) of sec- (b) SECTION 322.—Paragraph (1) of section February 14, 1903 (32 Stat. 826, chapter 552; 8 tion 101(a)(15). 322(a) (8 U.S.C. 1433(a)) is amended— U.S.C. 1551) is repealed. (4) Section 101(a)(47)(A). (1) by inserting ‘‘is’’ before ‘‘(or,’’; and (5) Section 101(b)(4). (B) 8 U.S.C. 1551.—The language of the com- (2) by striking ‘‘is’’ before ‘‘a citizen’’. (6) Section 103(a)(1). pilers set out in section 1551 of title 8 of the (c) SECTION 342.— (7) Section 103(g). United States Code shall be removed from (1) SECTION HEADING.— (8) Section 105(b)(1). the compilation of such title 8. (A) IN GENERAL.—Section 342 (8 U.S.C. 1453) (9) Section 105(c). (2) COMMISSIONER OF IMMIGRATION AND NAT- is amended by striking the section heading (10) Section 204(c). URALIZATION; OFFICE.— and inserting ‘‘CANCELLATION OF CERTIFI- (11) Section 208. (A) IN GENERAL.—Section 7 of the Act of CATES; ACTION NOT TO AFFECT CITIZENSHIP STA- (12) Section 212(a)(2)(C). March 3, 1891 (26 Stat. 1085, chapter 551; 8 ’’. TUS (13) Section 212(a)(2)(H). U.S.C. 1552) is repealed. (B) CLERICAL AMENDMENT.—The table of (14) Section 212(a)(2)(I). (B) 8 U.S.C. 1552.—The language of the com- contents in the first section is amended by (15) Section 212(a)(3)(A). pilers set out in section 1552 of title 8 of the striking the item relating to section 342 and (16) Section 212(a)(3)(B)(ii)(II). United States Code shall be removed from inserting the following: (17) Section 212(a)(3)(D). the compilation of such title 8. ‘‘Sec. 342. Cancellation of certificates; ac- (18) Section 212(a)(4). (3) ASSISTANT COMMISSIONERS AND DISTRICT tion not to affect citizenship (19) Section 212(a)(9)(B)(v). DIRECTOR; COMPENSATION AND SALARY status.’’. (20) Section 212(a)(9)(C)(iii). GRADE.—Title II of the Department of Jus- (2) IN GENERAL.—Section 342 (8 U.S.C. 1453) (21) Section 212(d)(11). tice Appropriation Act, 1957 (70 Stat. 307, is amended— (22) Section 212(d)(12). chapter 414; 8 U.S.C. 1553) is amended in the (A) by striking ‘‘heretofore issued or made (23) Section 212(g). matter under the heading ‘‘Immigration and by the Commissioner or a Deputy Commis- (24) Section 212(h). Naturalization Service’’ and under the sub- sioner or hereafter made by the Attorney (25) Section 212(i). heading ‘‘SALARIES AND EXPENSES’’ by General’’; and (26) Section 212(k). striking ‘‘That the compensation of the five (B) by striking ‘‘practiced upon, him or the (27) Section 212(s). assistant commissioners and one district di- Commissioner or a Deputy Commissioner;’’. ø(28) Section 213A(a)(1).¿ rector shall be at the rate of grade GS–16: SEC. 805. TITLE IV TECHNICAL AMENDMENTS. ø(29) Section 213A(f)(6)(B).¿ Provided further’’. Clause (i) of section 412(a)(2)(C) (8 U.S.C. (30) Section 216(d)(2)(c). (4) SPECIAL IMMIGRANT INSPECTORS AT 1522(a)(2)(C)(i)) is amended by striking ‘‘in- (31) Section 219(d)(4). WASHINGTON.—The Act of March 2, 1895 (28 sure’’ and inserting ‘‘ensure’’. (32) Section 235(b)(1)(B)(iii)(III). Stat. 780, chapter 177; 8 U.S.C. 1554) is amend- SEC. 806. TITLE V TECHNICAL AMENDMENTS. (33) The second sentence of section 236(e). ed in the matter following the heading ‘‘Bu- (a) SECTION 504.—Section 504 (8 U.S.C. 1534) (34) Section 237. reau of Immigration:’’ by striking ‘‘That is amended— (35) Section 238(a)(1). hereafter special immigrant inspectors, not (1) in subsection (a)(1)(A), by striking ‘‘a’’ (36) Section 238(a)(3). to exceed three, may be detailed for duty in before ‘‘removal proceedings’’; (37) Section 238(a)(4)(A). the Bureau at Washington: And provided fur- (2) in subsection (i), by striking ‘‘Attorney (38) Section 238(b)(1). ther,’’. General’’ inserting ‘‘Government’’; and (39) Section 238(b)(5). (b) CONSTRUCTION.—Nothing in this title (3) in subsection (k)(2), by striking ‘‘by’’. (40) Section 238(c)(2)(D)(iv). shall be construed to repeal or limit the ap- (b) SECTION 505.—Section 505(e)(2) (8 U.S.C. (41) Section 239(a). plicability of sections 462 and 1512 of the 1535(e)(2)) is amended by inserting ‘‘and the (42) Section 239(b). Homeland Security Act of 2002 (6 U.S.C. 279 Secretary’’ after ‘‘Attorney General’’. (43) Section 240. and 552) with respect to any provision of law or matter not specifically addressed by the SEC. 807. OTHER AMENDMENTS. (44) Section 240A. amendments made by this title. (a) CORRECTION OF COMMISSIONER OF IMMI- (45) Section 240B(a)(1). SEC. 809. MISCELLANEOUS TECHNICAL CORREC- GRATION AND NATURALIZATION.— (46) Section 240B(a)(3). TIONS. (1) IN GENERAL.—The Immigration and Na- (47) Section 240B(b). (a) CORRECTION TO THE INTELLIGENCE RE- tionality Act (8 U.S.C. 1101 et seq.) as amend- (48) Section 240B(c). FORM AND TERRORISM PREVENTION ACT OF ed by this Act, is further amended by strik- (49) The first reference in section 2004.—Section 5502(b) of the Intelligence Re- ing ‘‘Commissioner’’ and ‘‘Commissioner of 241(a)(4)(B)(i). form and Terrorism Prevention Act of 2004, Immigration and Naturalization’’ each place (50) Section 241(b)(3) (except for the first Pub. L. 108–458, in amended by striking ‘‘(E) those terms appear and inserting ‘‘Sec- reference in subparagraph (A), to which the Participated in the commission of severe retary’’. amendment shall apply). violations of religious freedom.’’ and insert- (2) EXCEPTION FOR COMMISSIONER OF SOCIAL (51) Section 241(i) (except for paragraph ing ‘‘(F) Participated in the commission of SECURITY.—The amendment made by para- (3)(B)(i), to which the amendment shall severe violations of religious freedom’’. graph (1) shall not apply to any reference to apply). (b) CONFORMING AMENDMENT TO THE CHILD the ‘‘Commissioner of Social Security’’. (52) Section 242(a)(2)(B). SOLDIERS ACCOUNTABILITY ACT OF 2008.—Sec- (b) CORRECTION OF IMMIGRATION AND NATU- (53) Section 242(b) (except for paragraph (8), tion 2(c) of the Child Soldier’s Account- RALIZATION SERVICE.—The Immigration and to which the amendment shall apply). ability Act of 2008, Pub. L. 110-340, in amend- Nationality Act (8 U.S.C. 1101 et seq.), as (54) Section 242(g). ed by striking ‘‘(F) Recruitment or use of amended by this Act, is further amended by (55) Section 244(a)(3)(C). child soldiers.’’ and inserting ‘‘(G) Recruit- striking ‘‘Service’’ and ‘‘Immigration and (56) Section 244(c)(2). ment or use of child soldiers.’’. Naturalization Service’’ each place those (57) Section 244(e). (c) CENTRAL INTELLIGENCE AGENCY ACT OF terms appear and inserting ‘‘Department’’. (58) Section 244(g). 1949.—Section 7 of the Central Intelligence

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4881 Agency Act of 1949 (50 U.S.C. 3508) is amend- Whereas, on April 25, 2017, at the meeting Whereas National Breastfeeding Month fo- ed by striking ‘‘Commissioner of Immigra- of the Joint Commission overseeing imple- cuses on how data and measurement can be tion’’ and inserting ‘‘Secretary of Homeland mentation of the Joint Comprehensive Plan used to build and reinforce the connections Security’’. of Action, the Department of State reported between breastfeeding and a broad spectrum f that the United States delegation had of other health topics and initiatives; ‘‘raised with the Iranian delegation its seri- Whereas World Breastfeeding Week and SUBMITTED RESOLUTIONS ous concerns regarding the cases of U.S. citi- National Breastfeeding Month provide im- zens detained and missing in Iran, and called portant opportunities to address barriers to on Iran to immediately release these U.S. breastfeeding faced by families across the citizens so they can be reunited with their SENATE RESOLUTION 245—CALL- United States; families’’; and ING ON THE GOVERNMENT OF Whereas, according to the ø2016¿ Whereas reports indicate that the Govern- IRAN TO RELEASE UNJUSTLY Breastfeeding Report Card of the Centers for DETAINED UNITED STATES CITI- ment of Iran has sought to condition the release of imprisoned nationals and dual-na- Disease Control and Prevention, 4 of every 5 ZENS AND LEGAL PERMANENT tionals on receipt of economic or political mothers, or 81.1 percent of mothers, in the RESIDENT ALIENS, AND FOR concessions, a practice banned by the Inter- United States start breastfeeding their ba- OTHER PURPOSES national Convention Against the Taking of bies; Whereas by the end of 6 months after the Mr. CRUZ (for himself and Mr. Hostages, adopted by the General Assembly of the United Nations on December 17, 1979, birth of a baby, breastfeeding rates fall to LEAHY) submitted the following resolu- and acceded to by the Government of Iran on 51.8 percent, and only 22.3 percent of babies tion; which was referred to the Com- November 20, 2006, and other international are exclusively breastfed at 6 months of age; mittee on Foreign Relations: legal norms: Now, therefore, be it Whereas 2 of every 3 mothers report that S. RES. 245 Resolved, That the Senate— they are unable to reach their personal Whereas the Islamic Revolutionary Guard (1) calls on the Government of Iran to re- breastfeeding goals; Corps (IRGC) of Iran has taken as hostages lease Siamak Namazi, Baquer Namazi, Xiyue Whereas there are substantial racial and several United States citizens, including Wang, Nizar Zakka, and any other United ethnic disparities in breastfeeding initiation Siamak Namazi, Baquer Namazi, and Xiyue States citizen, legal permanent resident and duration; Wang, as well as United States legal perma- alien, or foreign national being unjustly de- Whereas, in 2013, 84.3 percent of non-His- nent resident alien Nizar Zakka; tained in Iran; panic White infants initiated breastfeeding, Whereas Siamak Namazi was detained on (2) urges the President to make the release as compared to— October 15, 2015, falsely accused and con- of United States citizens and legal perma- (1) 66.3 percent of non-Hispanic Black in- victed on October 18, 2016, for ‘‘collaborating nent resident aliens held hostage by the Gov- with a hostile government,’’ and has been ernment of Iran the highest of priorities; fants; and held for extended periods in solitary confine- (3) requests that the United States and its (2) 68.3 percent of non-Hispanic American ment and subjected to prolonged interroga- allies whose nationals and residents have Indian and Alaska Native infants; been detained consider establishing a multi- tion; Whereas the Healthy People 2020 objectives national task force to work to secure the re- Whereas former United Nations Children’s for breastfeeding are that— Fund (UNICEF) official Baquer Namazi, the lease of the detainees; 80-year old father of Siamak Namazi, was de- (4) urges the Government of Iran to take (1) 82 percent of babies are breastfed at tained on February 22, 2016, falsely charged meaningful steps toward fulfilling its re- some time; and sentenced to 10 years in prison for the peated promises to assist in locating and re- (2) 61 percent of babies continue to be turning Robert Levinson, including imme- identical crime as his son; breastfed at 6 months; and Whereas former Secretary-General of the diately providing all available information United Nations Ban Ki-moon urged authori- from all entities of the Government of Iran (3) 34 percent of babies continue to be ties in Iran to release Baquer Namazi, whose regarding the disappearance of Robert breastfed at 1 year; health is deteriorating, so his family can Levinson to the United States Government; Whereas breastfeeding is a proven primary care for him; (5) urges the President to take whatever prevention strategy that builds a foundation Whereas UNICEF has issued 4 public state- steps are in the national interest to secure for life-long health and wellness; ments on Baquer Namazi’s behalf; the release of Siamak Namazi, Baquer Whereas the evidence of the value of Whereas Xiyue Wang, a graduate student Namazi, Xiyue Wang, Nizar Zakka, and any breastfeeding to the health of women and at Princeton University, was arrested in Iran other United States citizen, legal permanent children is scientific, solid, and continually on or about August 7, 2016, while studying resident alien, or foreign national being un- reaffirmed by new research; Farsi and researching the late Qajar dynasty justly detained in Iran; and Whereas, during the first year of the life of (6) urges the President to take whatever as background for his doctoral dissertation, a baby, a family that follows optimal steps are in the national interest to deter- detained by Iran in Evin prison for almost a breastfeeding practices can save between mine the whereabouts and secure the return year, falsely charged with espionage, and $1,200 and $1,500 in expenses on infant for- of Robert Levinson. sentenced to 10 years in prison; mula; Whereas Robert Levinson, a United States f Whereas a 2016 study of maternal and pedi- citizen and retired agent of the Federal Bu- atric health outcomes and associated costs reau of Investigation, traveled to Kish Is- SENATE RESOLUTION 246—DESIG- based on 2012 breastfeeding rates indicates land, Iran, and disappeared on March 9, 2007; NATING THE FIRST WEEK IN AU- that if 90 percent of infants were breastfed Whereas, according to former White House GUST 2017 AS ‘‘WORLD according to medical recommendations, 3,340 Press Secretary Josh Earnest, the United BREAST÷FEEDING WEEK’’, AND States Government had ‘‘secured a commit- deaths, $3,000,000,000 in medical costs, and DESIGNATING AUGUST 2017 AS $14,200,000,000 in costs relating to premature ment from the Iranians. . .to try and gather ‘‘NATIONAL BREASTFEEDING information about Mr. Levinson’s possible death would be prevented annually; and whereabouts’’ but has not received any infor- MONTH’’ Whereas the great majority of pregnant mation thus far; Mr. MERKLEY (for himself and Mr. women and new mothers want to breastfeed Whereas Nizar Zakka, a United States MARKEY) submitted the following reso- but face significant barriers in community, legal permanent resident alien and Lebanese lution; which was referred to the Com- health care, and employment settings: Now, national, who is also in poor health, was un- mittee on the Judiciary: therefore, be it lawfully detained around September 18, 2015, Resolved, That the Senate— after speaking at a conference in Iran at the S. RES. 246 (1) designates the first week of August 2017 invitation of Iran, and was later falsely Whereas the American Academy of Pediat- as ‘‘World Breastfeeding Week’’; charged with being a spy and sentenced to 10 rics recommends that breastfeeding continue (2) designates August 2017 as ‘‘National years at the Evin prison in Iran; for at least 12 months after the birth of a Whereas, on April 13, 2017, the United baby and for as long as the mother and baby Breastfeeding Month’’; States Department of the Treasury sanc- desire; (3) supports the goals of National tioned the Tehran Prisons Organization and Whereas the World Health Organization Breastfeeding Month; and its former head, Sohrab Soleimani, and recommends continued breastfeeding for 2 (4) supports policies and funding to ensure former White House Press Secretary Sean years or longer after the birth of a baby; that all mothers who choose to breastfeed Spicer noted that ‘‘[t]he sanctions against Whereas the World Alliance for can access a full range of appropriate sup- human rights abusers in Iran’s prisons come Breastfeeding Action has designated the first port from health care institutions, health at a time when Iran continues to unjustly week of August as ‘‘World Breastfeeding care insurers, employers, and government detain in its prisons various foreigners, in- Week’’, and the United States Breastfeeding entities. cluding U.S. citizens Siamak Namazi and Committee has designated August as ‘‘Na- Baquer Namazi’’; tional Breastfeeding Month’’;

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.030 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4882 CONGRESSIONAL RECORD — SENATE August 3, 2017 SENATE RESOLUTION 247—DESIG- (3) acknowledges the extraordinary con- mately 20 percent increase in the number of NATING JULY 29, 2017, AS tribution and sacrifice made by members of domestic cut flower farms between 2007 and ‘‘PARALYMPIC AND ADAPTIVE the Armed Forces and veterans who have 2012; SPORT DAY’’ sustained a traumatic injury and impair- Whereas most domestic cut flowers and ment while serving the United States; greens are sold in the United States within Mr. HATCH (for himself, Mr. BENNET, (4) promotes a more inclusive society for 24 to 48 hours after harvest and last longer Mr. ISAKSON, and Ms. KLOBUCHAR) sub- all individuals with impairments through than flowers shipped longer distances; mitted the following resolution; which Paralympic and adaptive sports throughout Whereas flowers grown domestically en- was considered and agreed to: the United States; and hance the ability of the people of the United S. RES. 247 (5) promotes the values of the Inter- States to festively celebrate weddings and national Paralympic Movement, including births, and honor those who have passed; Whereas, in 2015, roughly 53,000,000 people courage, determination, inspiration, and Whereas flower-giving has been a holiday in the United States reported living with equality. tradition in the United States for genera- some type of impairment; tions; Whereas, in 2015, roughly 3,800,000 veterans f Whereas flowers speak to the beauty of in the United States reported living with a SENATE RESOLUTION 248—EX- motherhood on Mother’s Day; and to the service-related disability; PRESSING THE SENSE OF THE spirit of love on Valentine’s Day; Whereas adaptive sports for individuals Whereas flowers are an essential part of with impairments have existed for more than SENATE THAT FLOWERS GROWN other holidays such as Thanksgiving, Christ- 100 years; IN THE UNITED STATES SUP- Whereas, after World War II, adaptive PORT THE FARMERS, SMALL mas, Hanukkah, and Kwanzaa; sports were widely introduced in order to as- BUSINESSES, JOBS, AND ECON- Whereas flowers help commemorate the service and sacrifice of our Armed Forces on sist the large number of World War II vet- OMY OF THE UNITED STATES, erans and civilians that were injured during Memorial Day and Veterans Day; and THAT FLOWER FARMING IS AN Whereas the Senate encourages the cul- wartime; HONORABLE VOCATION, AND Whereas July 29, 1948, marks the date of tivation of flowers in the United States by the Opening Ceremony of the London 1948 DESIGNATING JULY AS ‘‘AMER- domestic flower farmers: Now, therefore, be Olympic Games in Stoke Mandeville, United ICAN GROWN FLOWER MONTH’’ it Kingdom, where Dr. Ludwig Guttmann orga- Mrs. FEINSTEIN (for herself and Ms. Resolved, That the Senate— (1) designates July 2017 as ‘‘American nized the first wheelchair competition for MURKOWSKI) submitted the following service men and women injured in World War Grown Flower Month’’; resolution; which was considered and (2) recognizes that purchasing flowers II (also known as the ‘‘Stoke Madeville agreed to: Games’’); grown in the United States supports the Whereas the Stoke Mandeville Games, in S. RES. 248 farmers, small businesses, jobs, and economy 2017, ultimately evolved into the Paralympic Whereas cut flower growers in the United of the United States; Games and include athletes with physical, States are hard-working, dedicated individ- (3) recognizes that growing flowers and visual, and intellectual impairments; uals who bring beauty, economic stimulus, greens in the United States is a vital part of Whereas the International Paralympic and pride to their communities and the na- the agricultural industry of the United Movement celebrates values such as courage, tion; States; determination, inspiration, and equality, and Whereas the people of the United States (4) recognizes that cultivating flowers do- works to enable Paralympic athletes to have a long history of using flowers and mestically enhances the ability of the people achieve sporting excellence and inspire and greens grown in the United States to bring of the United States to festively celebrate excite the world; beauty to important events and express af- holidays and special occasions; and Whereas Paralympians in the United fection for loved ones; (5) urges all people of the United States to States continue to achieve competitive ex- Whereas consumers spend almost proactively showcase flowers and greens cellence, preserve ideals and values of the $27,000,000,000 each year on floral products, grown in the United States in order to show International Paralympic Movement, and in- including cut flowers, garden plants, bed- support for our flower farmers, processors, spire all people in the United States; ding, and indoor plants; and distributors as well as agriculture in the Whereas 18 veterans were members of Whereas nearly 30 percent of households in United States overall. Team USA at the 2014 Paralympic Winter the United States purchase fresh cut flowers f Games held in Sochi, Krasnodar Krai, Rus- and greens from more than 16,000 florists and sia, and 35 veterans were members of Team floral establishments each year; SENATE RESOLUTION 249—DESIG- USA at the 2016 Paralympic Summer Games Whereas the people of the United States in- NATING SEPTEMBER 2017 AS held in Rio de Janeiro, Brazil; creasingly want to support domestically pro- ‘‘NATIONAL CHILD AWARENESS Whereas participation in the Paralympic duced foods and agricultural products and MONTH’’ TO PROMOTE AWARE- Games, other adaptive sport competitions, would prefer to buy locally grown flowers NESS OF CHARITIES THAT BEN- and athletic reconditioning activities such whenever possible, yet a majority of domes- EFIT CHILDREN AND YOUTH- tic consumers do not know where the flowers as the Paralympic Military Program plays a SERVING ORGANIZATIONS fundamental role for members of the Armed they purchase are grown; Forces and veterans who are reintegrating Whereas in response to increased demand, THROUGHOUT THE UNITED into civilian life, and can enable those indi- the ‘‘Certified American Grown Flowers’’ STATES AND RECOGNIZING THE viduals to gain a new purpose in life by ex- logo was created in July 2014 in order to edu- EFFORTS MADE BY THOSE tending their physical limits during rehabili- cate and empower consumers to purchase CHARITIES AND ORGANIZATIONS tation in order to rebuild and recover per- flowers from domestic producers; ON BEHALF OF CHILDREN AND sonal identity, formulate adaptive strategies Whereas as of April 2017, millions of stems YOUTH AS CRITICAL CONTRIBU- for life, and achieve athletic excellence; of domestically grown flowers are now ‘‘Cer- TIONS TO THE FUTURE OF THE tified American Grown’’; Whereas a celebration of Paralympic and UNITED STATES Adaptive Sport Day will improve commu- Whereas domestic flower farmers produce nities in the United States and uplift and in- thousands of varieties of flowers across the Mrs. FEINSTEIN (for herself and Mr. spire the Paralympic champions of the fu- United States, such as peonies in Alaska, LANKFORD) submitted the following ture; Gerbera daisies in California, lupines in resolution; which was considered and Whereas Paralympic and Adaptive Sport Maine, tulips in Washington, lilies in Or- agreed to: Day will encourage the youth in the United egon, and larkspur in Texas; States to participate in and support the Whereas the 5 flower varieties with the S. RES. 249 practical inclusion of all people in sports; highest United States production are tulips, Whereas millions of children and youth in and Gerbera daisies, lilies, gladiolas and irises; the United States represent the hopes and Whereas Paralympic and Adaptive Sport Whereas people in every State have access the future of the United States; Day creates awareness of and understanding to domestically grown flowers, yet only 1 of Whereas numerous individuals, charities toward individuals with impairments: Now, 5 flowers sold in the United States is domes- benefitting children, and youth-serving orga- therefore, be it tically grown; nizations that work with children and youth Resolved, That the Senate— Whereas the domestic cut flower industry collaborate to provide invaluable services to (1) designates July 29, 2017, as ‘‘Paralympic creates almost $42,000,000 in economic impact enrich and better the lives of children and and Adaptive Sport Day’’; daily and supports hundreds of growers, youth throughout the United States; (2) supports the inclusive goals and ideals thousands of small businesses, and tens of Whereas raising awareness of, and increas- of the International Paralympic Movement, thousands of jobs in the United States; ing support for, organizations that provide as well as opportunities for individuals with Whereas more people in the United States access to health care, social services, edu- impairments to be full contributing partici- are expressing interest in growing flowers location, the arts, sports, and other services pants in society; cally, which has resulted in an approxi- will result in the development of character

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.033 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4883 in, and the future success of, the children tended to be proposed by him to the bill H.R. SEC. 2. INCLUSION OF OPIOID ADDICTION HIS- and youth of the United States; 2810, supra; which was ordered to lie on the TORY IN PATIENT RECORDS. Whereas the month of September, as the table. (a) BEST PRACTICES.— school year begins, is a time when parents, SA 761. Mr. BROWN (for himself and Mr. (1) IN GENERAL.—Not later than 1 year after families, teachers, school administrators, SCOTT) submitted an amendment intended to the date of enactment of this Act, the Sec- and communities increase focus on children be proposed by him to the bill H.R. 2810, retary of Health and Human Services, in con- and youth throughout the United States; supra; which was ordered to lie on the table. sultation with appropriate stakeholders, in- Whereas the month of September is a time SA 762. Mr. YOUNG submitted an amend- cluding a patient with a history of opioid use for the people of the United States to high- ment intended to be proposed by him to the disorder, an expert in electronic health light, and be mindful of, the needs of chil- bill H.R. 2810, supra; which was ordered to lie records, an expert in the confidentiality of dren and youth; on the table. patient health information and records, and Whereas private corporations and busi- SA 763. Mr. ROUNDS submitted an amend- a health care provider, shall identify or fa- nesses have joined with hundreds of national ment intended to be proposed by him to the cilitate the development of best practices re- and local charitable organizations through- bill H.R. 2810, supra; which was ordered to lie garding— out the United States in support of a month- on the table. (A) the circumstances under which infor- long focus on children and youth; and SA 764. Mr. VAN HOLLEN submitted an mation that a patient has provided to a Whereas designating September 2017 as amendment intended to be proposed by him health care provider regarding such patient’s ‘‘National Child Awareness Month’’ would to the bill H.R. 2810, supra; which was or- history of opioid use disorder should, only at recognize that a long-term commitment to dered to lie on the table. the patient’s request, be prominently dis- children and youth is in the public interest SA 765. Mr. VAN HOLLEN submitted an played in the medical records (including and will encourage widespread support for amendment intended to be proposed by him electronic health records) of such patient; charities and organizations that seek to pro- to the bill H.R. 2810, supra; which was or- (B) what constitutes the patient’s request vide a better future for the children and dered to lie on the table. for the purpose described in subparagraph youth of the United States: Now, therefore, SA 766. Mr. VAN HOLLEN submitted an (A); and be it amendment intended to be proposed by him (C) the process and methods by which the Resolved, That the Senate designates Sep- to the bill H.R. 2810, supra; which was or- information should be so displayed. tember 2017 as ‘‘National Child Awareness dered to lie on the table. (2) DISSEMINATION.—The Secretary shall Month’’— SA 767. Mr. PERDUE proposed an amend- disseminate the best practices developed (1) to promote awareness of charities that ment to the bill S. 765, to amend title 18, under paragraph (1) to health care providers benefit children and youth-serving organiza- United States Code, to provide for penalties and State agencies. tions throughout the United States; and for the sale of any Purple Heart awarded to (b) REQUIREMENTS.—In identifying or fa- (2) to recognize the efforts made by those a member of the Armed Forces. cilitating the development of best practices charities and organizations on behalf of chil- SA 768. Mr. DONNELLY submitted an under subsection (a), as applicable, the Sec- dren and youth as critical contributions to amendment intended to be proposed by him retary, in consultation with appropriate the future of the United States. to the bill H.R. 2810, to authorize appropria- stakeholders, shall consider the following: tions for fiscal year 2018 for military activi- (1) The potential for addiction relapse or f ties of the Department of Defense, for mili- overdose, including overdose death, when AMENDMENTS SUBMITTED AND tary construction, and for defense activities opioid medications are prescribed to a pa- PROPOSED of the Department of Energy, to prescribe tient recovering from opioid use disorder. military personnel strengths for such fiscal (2) The benefits of displaying information SA 752. Mr. ALEXANDER (for Mr. year, and for other purposes; which was or- about a patient’s opioid use disorder history MANCHIN) proposed an amendment to the bill dered to lie on the table. in a manner similar to other potentially le- S. 581, to include information concerning a SA 769. Mr. WICKER (for Mrs. FISCHER) thal medical concerns, including drug aller- patient’s opioid addiction in certain medical proposed an amendment to the bill S. 88, to gies and contraindications. records. ensure appropriate spectrum planning and (3) The importance of prominently dis- SA 753. Mr. JOHNSON (for himself, Mr. interagency coordination to support the playing information about a patient’s opioid DONNELLY, and Mrs. CAPITO) proposed an Internet of Things. use disorder when a physician or medical amendment to the bill S. 204, to authorize SA 770. Mr. MURPHY submitted an amend- the use of unapproved medical products by professional is prescribing medication, in- ment intended to be proposed by him to the cluding methods for avoiding alert fatigue in patients diagnosed with a terminal illness in bill H.R. 2810, to authorize appropriations for accordance with State law, and for other providers. fiscal year 2018 for military activities of the (4) The importance of a variety of appro- purposes. Department of Defense, for military con- SA 754. Mr. MERKLEY submitted an priate medical professionals, including phy- struction, and for defense activities of the sicians, nurses, and pharmacists, to have ac- amendment intended to be proposed by him Department of Energy, to prescribe military to the bill H.R. 2430, to amend the Federal cess to information described in this section personnel strengths for such fiscal year, and Food, Drug, and Cosmetic Act to revise and when prescribing or dispensing opioid medi- for other purposes; which was ordered to lie extend the user-fee programs for prescription cation, consistent with Federal and State on the table. drugs, medical devices, generic drugs, and laws and regulations. SA 771. Ms. MURKOWSKI (for Mr. CARPER) (5) The importance of protecting patient biosimilar biological products, and for other proposed an amendment to the bill S. 1099, to purposes; which was ordered to lie on the privacy, including the requirements related provide for the identification and prevention to consent for disclosure of substance use table. of improper payments and the identification SA 755. Mr. MERKLEY submitted an disorder information under all applicable of strategic sourcing opportunities by re- amendment intended to be proposed by him laws and regulations. viewing and analyzing the use of Federal to the bill H.R. 2430, supra; which was or- (6) All applicable Federal and State laws agency charge cards. dered to lie on the table. and regulations. SA 772. Ms. MURKOWSKI (for Mr. YOUNG) SA 756. Mr. VAN HOLLEN submitted an proposed an amendment to the bill S. 1182, to amendment intended to be proposed by him SA 753. Mr. JOHNSON (for himself, require the Secretary of the Treasury to to the bill H.R. 2810, to authorize appropria- Mr. DONNELLY, and Mrs. CAPITO) pro- mint commemorative coins in recognition of tions for fiscal year 2018 for military activi- posed an amendment to the bill S. 204, the 100th anniversary of The American Le- ties of the Department of Defense, for mili- gion. to authorize the use of unapproved tary construction, and for defense activities SA 773. Ms. MURKOWSKI (for Mr. SUL- medical products by patients diagnosed of the Department of Energy, to prescribe LIVAN) proposed an amendment to the bill S. with a terminal illness in accordance military personnel strengths for such fiscal 756, to reauthorize and amend the Marine De- with State law, and for other purposes; year, and for other purposes; which was or- bris Act to promote international action to dered to lie on the table. as follows: SA 757. Mr. VAN HOLLEN submitted an reduce marine debris, and for other purposes. Strike all after the enacting clause and in- amendment intended to be proposed by him f sert the following: to the bill H.R. 2810, supra; which was or- TEXT OF AMENDMENTS SECTION 1. SHORT TITLE. dered to lie on the table. This Act may be cited as the ‘‘Trickett SA 758. Ms. BALDWIN submitted an SA 752. Mr. ALEXANDER (for Mr. Wendler, Frank Mongiello, Jordan McLinn, amendment intended to be proposed by her MANCHIN) proposed an amendment to and Matthew Bellina Right to Try Act of to the bill H.R. 2810, supra; which was or- the bill S. 581, to include information 2017’’. dered to lie on the table. concerning a patient’s opioid addiction SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL SA 759. Ms. BALDWIN submitted an DRUGS BY PATIENTS DIAGNOSED amendment intended to be proposed by her in certain medical records; as follows: WITH A TERMINAL ILLNESS. to the bill H.R. 2810, supra; which was or- Strike all after the enacting clause and in- (a) IN GENERAL.—Chapter V of the Federal dered to lie on the table. sert the following: Food, Drug, and Cosmetic Act is amended by SA 760. Mr. WARNER (for himself and Mr. SECTION 1. SHORT TITLE. inserting after section 561A (21 U.S.C. SULLIVAN) submitted an amendment in- This Act may be cited as ‘‘Jessie’s Law’’. 360bbb–0) the following:

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.048 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4884 CONGRESSIONAL RECORD — SENATE August 3, 2017 ‘‘SEC. 561B. INVESTIGATIONAL DRUGS FOR USE such clinical outcome is critical to deter- (2) does not establish any new mandates, BY ELIGIBLE PATIENTS. mining the safety of the eligible investiga- directives, or additional regulations; ‘‘(a) DEFINITIONS.—For purposes of this sec- tional drug; or (3) only expands the scope of individual lib- tion— ‘‘(B) the sponsor requests use of such out- erty and agency among patients, in limited ‘‘(1) the term ‘eligible patient’ means a pa- comes. circumstances; tient— ‘‘(2) LIMITATION.—If the Secretary makes a (4) is consistent with, and will act as an al- ‘‘(A) who has been diagnosed with a life- determination under paragraph (1)(A), the ternative pathway alongside, existing ex- threatening disease or condition (as defined Secretary shall provide written notice of panded access policies of the Food and Drug in section 312.81 of title 21, Code of Federal such determination to the sponsor, including Administration; Regulations (or any successor regulations)); a public health justification for such deter- (5) will not, and cannot, create a cure or ef- ‘‘(B) who has exhausted approved treat- mination, and such notice shall be made part fective therapy where none exists; ment options and is unable to participate in of the administrative record. Such deter- (6) recognizes that the eligible terminally a clinical trial involving the eligible inves- mination shall not be delegated below the di- ill patient population often consists of those tigational drug, as certified by a physician, rector of the agency center that is charged patients with the highest risk of mortality, who— with the premarket review of the eligible in- and use of experimental treatments under ‘‘(i) is in good standing with the physi- vestigational drug. the criteria and procedure described in such cian’s licensing organization or board; and ‘‘(d) REPORTING.— section 561A involves an informed assump- ‘‘(ii) will not be compensated directly by ‘‘(1) IN GENERAL.—The manufacturer or tion of risk; and the manufacturer for so certifying; and sponsor of an eligible investigational drug (7) establishes national standards and rules ‘‘(C) who has provided to the treating phy- shall submit to the Secretary an annual by which investigational drugs may be pro- sician written informed consent regarding summary of any use of such drug under this vided to terminally ill patients. the eligible investigational drug, or, as ap- section. The summary shall include the num- plicable, on whose behalf a legally author- ber of doses supplied, the number of patients SA 754. Mr. MERKLEY submitted an ized representative of the patient has pro- treated, the uses for which the drug was amendment intended to be proposed by vided such consent; made available, and any known serious ad- ‘‘(2) the term ‘eligible investigational drug’ him to the bill H.R. 2430, to amend the verse events. The Secretary shall specify by Federal Food, Drug, and Cosmetic Act means an investigational drug (as such term regulation the deadline of submission of such is used in section 561)— annual summary and may amend section to revise and extend the user-fee pro- ‘‘(A) for which a Phase 1 clinical trial has 312.33 of title 21, Code of Federal Regulations grams for prescription drugs, medical been completed; (or any successor regulations) to require the devices, generic drugs, and biosimilar ‘‘(B) that has not been approved or licensed submission of such annual summary in con- biological products, and for other pur- for any use under section 505 of this Act or junction with the annual report for an appli- poses; which was ordered to lie on the section 351 of the Public Health Service Act; cable investigational new drug application table; as follows: ‘‘(C)(i) for which an application has been for such drug. At the end of title IX, insert the following: filed under section 505(b) of this Act or sec- ‘‘(2) POSTING OF INFORMATION.—The Sec- tion 351(a) of the Public Health Service Act; retary shall post an annual summary report SEC. 906. BAN ON CHARACTERIZING FLAVORS IN or of the use of this section on the internet NEWLY DEEMED TOBACCO PROD- UCTS. ‘‘(ii) that is under investigation in a clin- website of the Food and Drug Administra- A product that is a newly deemed tobacco ical trial that— tion, including the number of drugs for product under the rule entitled ‘‘Deeming ‘‘(I) is intended to form the primary basis which clinical outcomes associated with the Tobacco Products To Be Subject to the Fed- of a claim of effectiveness in support of ap- use of an eligible investigational drug pursu- eral Food, Drug, and Cosmetic Act, as proval or licensure under section 505 of this ant to this section was— Amended by the Family Smoking Preven- Act or section 351 of the Public Health Serv- ‘‘(A) used in accordance with subsection tion and Tobacco Control Act; Restrictions ice Act; and (c)(1)(A); on the Sale and Distribution of Tobacco ‘‘(II) is the subject of an active investiga- ‘‘(B) used in accordance with subsection Products and Required Warning Statements tional new drug application under section (c)(1)(B); and for Tobacco Products’’, published May 10, 505(i) of this Act or section 351(a)(3) of the ‘‘(C) not used in the review of an applica- 2016 (81 Fed. Reg. 28973), or any of component Public Health Service Act, as applicable; and tion under section 505 of this Act or section parts of such tobacco product (including the ‘‘(D) the active development or production 351 of the Public Health Service Act.’’. tobacco, filter, or paper) shall not contain, of which is ongoing and has not been discon- (b) NO LIABILITY.— as a constituent (including a smoke continued by the manufacturer or placed on (1) ALLEGED ACTS OR OMISSIONS.—With re- stituent) or additive, an artificial or natural clinical hold under section 505(i); and spect to any alleged act or omission with re- flavor (other than tobacco or menthol) or an ‘‘(3) the term ‘phase 1 trial’ means a phase spect to an eligible investigational drug pro- herb or spice, including strawberry, grape, 1 clinical investigation of a drug as described vided to an eligible patient pursuant to sec- orange, clove, cinnamon, pineapple, vanilla, in section 312.21 of title 21, Code of Federal tion 561B of the Federal Food, Drug, and Cos- coconut, licorice, cocoa, chocolate, cherry, Regulations (or any successor regulations). metic Act and in compliance with such sec- or coffee, that is a characterizing flavor of ‘‘(b) EXEMPTIONS.—Eligible investigational tion, no liability in a cause of action shall lie the tobacco product or tobacco smoke. drugs provided to eligible patients in compli- against— ance with this section are exempt from sec- (A) a sponsor or manufacturer; or tions 502(f), 503(b)(4), 505(a), and 505(i) of this (B) a prescriber, dispenser, or other indi- SA 755. Mr. MERKLEY submitted an Act, section 351(a) of the Public Health Serv- vidual entity (other than a sponsor or manu- amendment intended to be proposed by ice Act, and parts 50, 56, and 312 of title 21, facturer), unless the relevant conduct con- him to the bill H.R. 2430, to amend the Code of Federal Regulations (or any suc- stitutes reckless or willful misconduct, gross Federal Food, Drug, and Cosmetic Act cessor regulations), provided that the spon- negligence, or an intentional tort under any sor of such eligible investigational drug or to revise and extend the user-fee pro- applicable State law. any person who manufactures, distributes, grams for prescription drugs, medical (2) DETERMINATION NOT TO PROVIDE DRUG.— prescribes, dispenses, introduces or delivers devices, generic drugs, and biosimilar No liability shall lie against a sponsor manu- for introduction into interstate commerce, biological products, and for other pur- or provides to an eligible patient an eligible facturer, prescriber, dispenser or other individual entity for its determination not to poses; which was ordered to lie on the investigational drug pursuant to this section table; as follows: is in compliance with the applicable require- provide access to an eligible investigational ments set forth in sections 312.6, 312.7, and drug under section 561B of the Federal Food, At the end of title IX, insert the following: 312.8(d)(1) of title 21, Code of Federal Regula- Drug, and Cosmetic Act. SEC. 906. TOBACCO PRODUCTS. tions (or any successor regulations) that (3) LIMITATION.—Except as set forth in Notwithstanding any other provision of apply to investigational drugs. paragraphs (1) and (2), nothing in this sec- law, the Commissioner of Food and Drugs ‘‘(c) USE OF CLINICAL OUTCOMES.— tion shall be construed to modify or other- may not delay the deadline, set forth in the ‘‘(1) IN GENERAL.—Notwithstanding any wise affect the right of any person to bring rule entitled ‘‘Deeming Tobacco Products To other provision of this Act, the Public a private action under any State or Federal Be Subject to the Federal Food, Drug, and Health Service Act, or any other provision of product liability, tort, consumer protection, Cosmetic Act, as Amended by the Family Federal law, the Secretary may not use a or warranty law. Smoking Prevention and Tobacco Control clinical outcome associated with the use of SEC. 3. SENSE OF THE SENATE. Act; Restrictions on the Sale and Distribu- an eligible investigational drug pursuant to It is the sense of the Senate that section tion of Tobacco Products and Required this section to delay or adversely affect the 561B of the Federal Food, Drug, and Cos- Warning Statements for Tobacco Products’’, review or approval of such drug under sec- metic Act, as added by section 2— published May 10, 2016 (81 Fed. Reg. 28973), tion 505 of this Act or section 351 of the Pub- (1) does not establish a new entitlement or for submission of premarket tobacco product lic Health Service Act unless— modify an existing entitlement, or otherwise applications required for new tobacco prod- ‘‘(A) the Secretary makes a determination, establish a positive right to any party or in- ucts under section 910 of the Federal Food, in accordance with paragraph (2), that use of dividual; Drug, and Cosmetic Act (21 U.S.C. 387j).

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00104 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.051 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4885 SA 756. Mr. VAN HOLLEN submitted (3) ensure that the needs of all customers ‘‘(XIV) any monthly special compensation an amendment intended to be proposed of the Center are met; and payable to members of the uniformed serv- by him to the bill H.R. 2810, to author- (4) enter into memoranda of understanding ices with catastrophic injuries or illnesses ize appropriations for fiscal year 2018 with beneficiaries of the Center to ensure eq- under section 439 of title 37.’’. uitable cost sharing in the activities of the for military activities of the Depart- Center. SA 759. Ms. BALDWIN submitted an ment of Defense, for military construc- (e) ONGOING OPERATIONS.—The Secretary of amendment intended to be proposed by tion, and for defense activities of the Homeland Security and the Secretary of De- her to the bill H.R. 2810, to authorize Department of Energy, to prescribe fense shall ensure that the transfer of au- appropriations for fiscal year 2018 for military personnel strengths for such thority under subsection (a) does not dimin- military activities of the Department fiscal year, and for other purposes; ish or curtail the ongoing operations of the of Defense, for military construction, Center. which was ordered to lie on the table; and for defense activities of the De- as follows: SA 758. Ms. BALDWIN submitted an partment of Energy, to prescribe mili- At the appropriate place, insert the fol- tary personnel strengths for such fiscal lowing: amendment intended to be proposed by her to the bill H.R. 2810, to authorize year, and for other purposes; which was SEC. ll. REPORT ON COMPLIANCE WITH RUN- ordered to lie on the table; as follows: WAY CLEAR ZONE REQUIREMENTS. appropriations for fiscal year 2018 for (a) IN GENERAL.—Not later than 270 days military activities of the Department At the end of subtitle E of title III, add the after the date of the enactment of this Act, of Defense, for military construction, following: the Secretary of Defense, in consultation and for defense activities of the De- SEC. lll. ACCELERATION OF ENVIRONMENTAL RESTORATION ACTIVITIES AT with the Service secretaries, shall submit to partment of Energy, to prescribe mili- the congressional defense committees a re- FORMER ARMY AMMUNITION tary personnel strengths for such fiscal PLANTS. port on Service compliance with Department (a) AVAILABILITY OF FUNDS.—Of the of Defense and relevant Service policies re- year, and for other purposes; which was amount authorized to be appropriated for fis- garding Department of Defense runway clear ordered to lie on the table; as follows: cal year 2018 by section 301 and available for zones. At the appropriate place, insert the fol- environmental restoration, Army, as speci- (b) ELEMENTS.—The report required under lowing: fied in the funding table in section 4301, not subsection (a) shall include the following ele- SEC. lll. EXEMPTION FROM CALCULATION OF ments: less than $100,000,000 shall be used to accel- MONTHLY INCOME, FOR PURPOSES erate ongoing remediation activities at (1) A listing of all Department of Defense OF BANKRUPTCY LAWS, CERTAIN former Army ammunition plants. runway clear zones in the United States that PAYMENTS FROM DEPARTMENT OF (b) REMEDIATION ACTIVITIES DEFINED.—In are not in compliance with Department of VETERANS AFFAIRS AND DEPART- this section, the term ‘‘remediation activi- Defense and relevant Service policies regard- MENT OF DEFENSE. ties’’ includes actions required under the ing Department of Defense runway clear Section 101(10A) of title 11, United States Comprehensive Environmental Response, zones. Code, is amended by striking subparagraph Compensation, and Liability Act of 1980 (42 (2) A plan for bringing all Department of (B) and inserting the following: U.S.C. 9601 et seq.) in connection with envi- Defense runway clear zones in full compli- ‘‘(B)(i) includes any amount paid by any ronmental remediation, the development, de- ance with these policies, including a descrip- entity other than the debtor (or in a joint ployment, and operation of appropriate tion of the resources required to bring these case the debtor and the debtor’s spouse), on groundwater remediation to provide clean clear zones into policy compliance, and for a regular basis for the household expenses of drinking water to impacted communities, providing restitution for property owners. the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not other- the testing of groundwater contaminant lev- SA 757. Mr. VAN HOLLEN submitted wise a dependent); and els, and engagements with such communities an amendment intended to be proposed ‘‘(ii) excludes— to incorporate preferred approaches to envi- ‘‘(I) benefits received under the Social Se- ronmental remediation. by him to the bill H.R. 2810, to author- In the funding table in section 4201, in the ize appropriations for fiscal year 2018 curity Act; ‘‘(II) payments to victims of war crimes or item relating to the Long Range Standoff for military activities of the Depart- crimes against humanity on account of their Weapon of the Air Force, decrease the ment of Defense, for military construc- status as victims of such crimes; amount in the Senate Authorized column by tion, and for defense activities of the ‘‘(III) payments to victims of international $100,000,000. Department of Energy, to prescribe terrorism (as defined in section 2331 of title In the funding table in section 4301, in the military personnel strengths for such 18) or domestic terrorism (as defined in sec- item relating to Environmental Restoration, tion 2331 of title 18) on account of their sta- Amy, increase the amount in the Senate Au- fiscal year, and for other purposes; thorized column by $100,000,000. which was ordered to lie on the table; tus as victims of such terrorism; as follows: ‘‘(IV) compensation under chapter 11 of Mr. WARNER (for himself title 38; SA 760. At the end of subtitle C of title VII, add ‘‘(V) compensation under chapter 13 of title and Mr. SULLIVAN) submitted an the following: 38; amendment intended to be proposed by SEC. 737. TRANSFER TO DEPARTMENT OF DE- ‘‘(VI) pension under chapter 15 of title 38; him to the bill H.R. 2810, to authorize FENSE OF AUTHORITY TO OPERATE ‘‘(VII) retired pay payable to members of appropriations for fiscal year 2018 for NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER. the Armed Forces retired under section 1201 military activities of the Department (a) IN GENERAL.—There is transferred from or 1204 of title 10; of Defense, for military construction, the Department of Homeland Security to the ‘‘(VIII) retired pay payable to members of and for defense activities of the De- Department of Defense the authority to op- the Armed Forces placed on the temporary partment of Energy, to prescribe mili- erate the National Biodefense Analysis and disability retired list under section 1202 or 1205 of title 10; tary personnel strengths for such fiscal Countermeasures Center (in this section re- year, and for other purposes; which was ferred to as the ‘‘Center’’). ‘‘(IX) disability severance pay payable (b) TRANSFER OF AMOUNTS.—The Secretary under section 1212 of title 10 to members sep- ordered to lie on the table; as follows: of Homeland Security shall transfer to the arated from the Armed Forces under section Strike section 1606 and insert the fol- Secretary of Defense such amounts as may 1203 or 1206 of that title; lowing: be necessary to operate the Center for a two- ‘‘(X) retired pay payable in accordance SEC. 1606. LAUNCH SUPPORT AND INFRASTRUC- year period. with section 1201 or 1202 of title 10, or dis- TURE MODERNIZATION. (c) TIMING OF TRANSFER.—The Secretary of ability severance pay payable in accordance (a) IN GENERAL.—In support of the policy Homeland Security shall conduct an expe- with section 1203 of that title, to members of outlined in section 2273 of title 10, United dient transfer of authority under subsection the Armed Forces eligible for such pay by States Code, the Secretary of Defense shall (a) and amounts under subsection (b) within reason of section 1207a of that title; carry out a program to modernize infrastruc- one year after the date of the enactment of ‘‘(XI) combat-related special compensation ture and improve support activities for proc- this Act. payable under section 1413a of title 10; essing and launch of United States national (d) ROLE OF DEPARTMENT OF DEFENSE ‘‘(XII) any monthly annuity payable under security space missions from ranges owned AFTER TRANSFER.—After the transfer of au- the Survivor Benefit Plan under subchapter or operated by the Federal Government or thority under subsection (a), the Secretary II of chapter 73 of title 10 if the participant State governments. of Defense shall— in the Plan with respect to whom the annu- (b) ELEMENTS.—The program required by (1) serve as the executive agent and custo- ity is payable was retired for physical dis- this section shall include— dian for operations of the Center; ability under chapter 61 of that title; (1) investments in infrastructure to im- (2) support the activities of the Center, ‘‘(XIII) the special survivor indemnity al- prove operations at ranges in the United particularly those activities that support lowance payable under section 1450(m) of States that may benefit all users, to enhance Federal government customers; title 10; and the overall capabilities of those ranges, to

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00105 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.051 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4886 CONGRESSIONAL RECORD — SENATE August 3, 2017 improve safety, and to reduce the long-term serve their country through service in our him to the bill H.R. 2810, to authorize cost of operations and maintenance; Nation’s military. appropriations for fiscal year 2018 for (2) measures to normalize processes, sys- (b) INCREASE.—Funding in Research, Devel- military activities of the Department opment, Test, and Evaluation, Defense-wide, tems, and products across the ranges de- of Defense, for military construction, scribed in paragraph (1) to minimize the bur- PE 61228D8Z, section 4201, for Basic Re- den on launch providers; and search, Historically Black Colleges and Uni- and for defense activities of the De- (3) improvements in transparency, flexi- versities/Minority Institutions, Line 006, is partment of Energy, to prescribe mili- bility, and responsiveness for launch sched- hereby increased by $12,000,000. tary personnel strengths for such fiscal uling. (c) OFFSET.—Funding in section 4101 for year, and for other purposes; which was (c) CONSULTATION.—In carrying out the Other Procurement, Army, for Automated ordered to lie on the table; as follows: program required by this section, the Sec- Data Processing Equipment, Line 108, is hereby reduced by $12,000,000. At the end of subtitle E of title V, add the retary should consult with current and an- following: ticipated users of ranges in the United States. SA 762. Mr. YOUNG submitted an SEC. lll. ANNUAL REPORT ON PARTICIPATION amendment intended to be proposed by IN THE TRANSITION ASSISTANCE (d) COOPERATION.—In carrying out this sec- PROGRAM FOR MEMBERS OF THE tion, the Secretary should consider partner- him to the bill H.R. 2810, to authorize ARMED FORCES. ships authorized under section 2276 of title appropriations for fiscal year 2018 for Section 1144 of title 10, United States Code, 10, United States Code. military activities of the Department is amended by adding at the end the fol- (e) REPORT.— of Defense, for military construction, lowing new subsection: (1) REPORT REQUIRED.—Not later than 120 and for defense activities of the De- ‘‘(g) ANNUAL REPORT.—(1) Not later than days after the date of the enactment of this February 28 each year, the Secretary of De- Act, the Secretary shall submit to the con- partment of Energy, to prescribe military personnel strengths for such fiscal fense shall submit to Congress a report on gressional defense committees a report on the participation of members of the armed the plan for the implementation of the year, and for other purposes; which was forces in the program under this section dur- launch support and infrastructure mod- ordered to lie on the table; as follows: ing the preceding year. ernization program at ranges in the United At the end of subtitle F of title X, add the ‘‘(2) Each report under this subsection States. following: shall set forth, for the year covered by such (2) ELEMENTS.—The report required under SEC. ll. REPORTS ON COMPTROLLER GENERAL report, the following: paragraph (1) shall include— OF THE UNITED STATES REC- ‘‘(A) The number of members who were eli- (A) a description of plans and the resources OMMENDATIONS NOT FULLY IMPLE- gible for participation in the program, in ag- needed to improve launch support infrastruc- MENTED BY THE DEPARTMENT OF gregate and by component of the armed DEFENSE. ture, utilities, support equipment, and range forces. (a) SECRETARY OF DEFENSE REPORT.—Not operations; ‘‘(B) The number of members who partici- (B) a description of plans to streamline and later than 30 days after the date of the enactment of this Act, the Secretary of Defense pated in the program, in aggregate and by normalize processes, systems, and products component of the armed forces, for each of at ranges described in paragraph (1) to en- shall submit to the Committees on Armed Services of the Senate and the House of Rep- the following: sure consistency for range users; and ‘‘(i) Preseparation counseling provided by (C) recommendations for improving trans- resentatives and the Comptroller General of the United States a report listing all out- the Department of Defense. parency, flexibility, and responsiveness in ‘‘(ii) Briefings provided by the Department launch scheduling. standing recommendations of the Comp- troller General applicable to the Department of Veterans Affairs. ‘‘(iii) Employment workshops provided by SA 761. Mr. BROWN (for himself and of Defense that have not been fully implemented. the Department of Labor. Mr. SCOTT) submitted an amendment (b) COMPTROLLER GENERAL REPORT.—Not ‘‘(C) The number of members who did not intended to be proposed by him to the later than 30 days after the date on which participate in the program due to a waiver of bill H.R. 2810, to authorize appropria- the Secretary submits the report required by the participation requirement under sub- tions for fiscal year 2018 for military subsection (a), the Comptroller General shall section (c)(2) for each service set forth in activities of the Department of De- submit to the Committees on Armed Serv- subparagraph (B). fense, for military construction, and ices of the Senate and the House of Rep- ‘‘(3) Each report under this subsection may also include such recommendations for legis- for defense activities of the Depart- resentatives a report detailing any discrepancies between the list of outstanding rec- lative or administrative action as the Sec- ment of Energy, to prescribe military retary of Defense, in consultation with the personnel strengths for such fiscal ommendations included in such report and the list of the Comptroller General of the Secretary of Labor, the Secretary of Vet- year, and for other purposes; which was outstanding recommendations applicable to erans Affairs, and the Secretary of Homeland ordered to lie on the table; as follows: the Department that have not been fully im- Security, considers appropriate to increase At the appropriate place, insert the fol- plemented. participation of members of the armed forces lowing: (c) IMPLEMENTATION REPORT.— in each service set forth in paragraph (2)(B).’’. SEC. lll. IMPORTANCE OF HISTORICALLY (1) IN GENERAL.—Not later than 120 days BLACK COLLEGES AND UNIVER- after the date of the enactment of this Act, SITIES AND MINORITY-SERVING IN- the Secretary shall submit to the Commit- SA 764. Mr. VAN HOLLEN submitted STITUTIONS. tees on Armed Services of the Senate and the an amendment intended to be proposed (a) FINDINGS.—Congress finds that— House of Representatives a report on the sta- by him to the bill H.R. 2810, to author- (1) historically Black colleges and univer- tus of implementation of each recommenda- ize appropriations for fiscal year 2018 sities (HBCUs) and minority-serving institution of the Comptroller General listed in the for military activities of the Depart- tions play a vital role in educating low-in- report under subsection (a). ment of Defense, for military construc- come and underrepresented students in areas (2) JUSTIFICATION.—The report required by of national need; paragraph (1) shall include the following: tion, and for defense activities of the (2) HBCUs and minority-serving institu- (A) For each recommendation listed in the Department of Energy, to prescribe tions presently are collaborating with the report that the Department decided not to military personnel strengths for such Department of Defense in research and devel- fully implement, or to implement in a dif- fiscal year, and for other purposes; opment efforts that contribute to the defense ferent manner than recommended by the which was ordered to lie on the table; readiness and national security of the Na- Comptroller General, a detailed justification as follows: tion; for the decision. At the appropriate place, insert the fol- (3) by their research these institutions are (B) For each recommendation the Depart- lowing: helping to develop the next generation of sci- ment decided to adopt, but has not fully im- entists and engineers who will help lead the plemented, a timeline for full implementa- SEC. ll. FACILITIES REDUCTION PROGRAM. Department of Defense in addressing high- tion. The Secretary of the Army shall consider priority national security challenges; and (C) An explanation for any discrepancies the following factors when making resource (4) it is important to further engage between the report and the Comptroller Gen- allocations from the Facilities Reduction HBCUs and minority-serving institutions in eral report submitted under subsection (b). Program: university research and innovation, espe- (d) FORM.—Any information included in a (1) The potential risk of contaminated un- cially in prioritizing software development report under this section shall, to the extent used facilities to Army readiness and to and cyber security by utilizing existing De- practicable, be submitted in unclassified Army missions. partment of Defense labs, and collaborating form, but may be set forth in a classified (2) The cost to maintain and secure unused with existing programs that help attract annex. and obsolete facilities. candidates, including programs like the Air Force Minority Leaders Programs, which re- SA 763. Mr. ROUNDS submitted an SA 765. Mr. VAN HOLLEN submitted cruit Americans from diverse background to amendment intended to be proposed by an amendment intended to be proposed

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00106 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.049 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4887 by him to the bill H.R. 2810, to author- (1) The Purple Heart medal solemnly rec- ‘‘(b) CONSIDERATION AUTHORIZED.—(1) Agen- ize appropriations for fiscal year 2018 ognizes the great and sometimes ultimate cy contracting officers considering bids or for military activities of the Depart- sacrifice of American servicemembers like proposals in response to a solicitation issued ment of Defense, for military construc- Private Corrado Piccoli. by the agency may take into account any (2) The Purple Heart medal holds a place of disclosure made pursuant to subsection (a) in tion, and for defense activities of the honor as the national symbol of this sac- such bids and proposals. Department of Energy, to prescribe rifice and deserves special protections. ‘‘(2) The head of an agency may establish a military personnel strengths for such SEC. 3. PENALTY FOR SALE OF PURPLE HEARTS negative preference of up to 10 percent of the fiscal year, and for other purposes; AWARDED TO MEMBERS OF THE cost of a contract for purposes of evaluating which was ordered to lie on the table; ARMED FORCES. a bid or proposal of a contractor that makes as follows: Section 704 of title 18, United States Code, a disclosure pursuant to subsection (a). is amended— ‘‘(c) SENSE OF CONGRESS.—It is the sense of At the end of subtitle D of title X, add the (1) in subsection (a), by striking ‘‘Who- Congress that agency contracting officers following: ever’’ and inserting ‘‘Except as provided in should, using section 2304(b)(3) of this title, SEC. lll. DEPARTMENT OF DEFENSE FUNDING subsection (e), whoever’’; and exclude contractors making a disclosure pur- SUPPORT FOR THE NATIONAL CON- (2) by adding at the end the following: SORTIUM FOR THE STUDY OF TER- suant to subsection (a) in response to solici- ‘‘(e) PURPLE HEART.— RORISM AND RESPONSES TO TER- tations issued by the agency from the bid- RORISM. ‘‘(1) PENALTY.—Whoever willfully pur- ding process in connection with such solici- From amounts authorized to be appro- chases, attempts to purchase, solicits for tations on the grounds that the actions de- priated or otherwise made available for the purchase, mails, ships, imports, exports, pro- scribed in the disclosures are against the Department of Defense for fiscal year 2018, duces blank certificates of receipt for, manu- public interests of the United States. the Secretary of Defense may provide funds factures, sells, attempts to sell, advertises ‘‘(d) ANNUAL REPORT.—The head of each to the National Consortium for the Study of for sale, trades, barters, or exchanges for agency shall submit to Congress each year a Terrorism and Responses to Terrorism anything of value any Purple Heart awarded report on the following: (START) in order to support programs and to a member of the armed forces or former ‘‘(1) The number of solicitations made by activities of the National Consortium that member of the armed forces by the Secretary the agency during the preceding year for contribute to Department of Defense mis- of the military department concerned, ex- which disclosures were made pursuant to sions and capabilities. cept when authorized under regulations subsection (a) in responsive bids or pro- made pursuant to law, shall be fined under posals. SA 766. Mr. VAN HOLLEN submitted this title, imprisoned not more than 6 ‘‘(2) The number of contracts awarded by an amendment intended to be proposed months, or both. the agency during the preceding year in by him to the bill H.R. 2810, to author- ‘‘(2) LIMITATION ON REGULATIONS.—Regula- which such disclosures were taken into actions described in paragraph (1) may not au- ize appropriations for fiscal year 2018 count in the contract award.’’. thorize the sale of any Purple Heart awarded (2) CLERICAL AMENDMENT.—The table of for military activities of the Depart- to a member of the armed forces or former sections at the beginning of chapter 137 of ment of Defense, for military construc- member of the armed forces by the Secretary such title is amended by inserting after the tion, and for defense activities of the of the military department concerned, unless item relating to section 2327 the following Department of Energy, to prescribe the sale is conducted by the member or new item: military personnel strengths for such former member to whom the Purple Heart ‘‘2327a. Contracts: consideration of outsourc- fiscal year, and for other purposes; was awarded. ing of jobs.’’. which was ordered to lie on the table; ‘‘(3) DEFINITION.—In this subsection, the term ‘willfully’ means the voluntary, inten- (b) EXCLUSION OF FIRMS FROM SOURCES.— as follows: tional violation of a known legal duty.’’. Section 2304(b) of such title is amended— At the end of subtitle E of title X, add the (1) by redesignating paragraphs (3) and (4) following: SA 768. Mr. DONNELLY submitted as paragraphs (4) and (5), respectively; SEC. lll. IMPROVEMENT OF AUTHORITIES ON an amendment intended to be proposed (2) by inserting after paragraph (2) the fol- PROTECTION OF CERTAIN FACILI- by him to the bill H.R. 2810, to author- lowing new paragraph: TIES AND ASSETS FROM UNMANNED ‘‘(3) The head of an agency may provide for AIRCRAFT. ize appropriations for fiscal year 2018 the procurement of property and services Subparagraph (C) of section 130i(e)(1) of for military activities of the Depart- covered by this chapter using competitive title 10, United States Code, is amended to ment of Defense, for military construc- procedures but excluding a source making a read as follows: tion, and for defense activities of the disclosure pursuant to section 2327a(a) of ‘‘(C) relates to— Department of Energy, to prescribe this title in the bid or proposal in response ‘‘(i) the airspace above a military installa- military personnel strengths for such to the solicitation issued by the agency if tion, airfield, or range; fiscal year, and for other purposes; the head of the agency determines that the ‘‘(ii) any area within 500 meters hori- which was ordered to lie on the table; actions described by disclosure are against zontally or vertically of a military aircraft, as follows: the public interests of the United States and vessel, or convoy; the source is to be excluded on those ‘‘(iii) any restricted, limited, or exclusion At the appropriate place, insert the fol- grounds. Any such determination shall take area of a military installation; lowing: into account the sense of Congress set forth ‘‘(iv) any airspace that is prohibited or re- SEC. ll. PREVENTING OUTSOURCING. in section 2327a(c) of this title.’’; and stricted for military purposes; (a) CONSIDERATION OF OUTSOURCING.— (3) in paragraph (3), as so redesignated, by ‘‘(v) any area the presence in which of an (1) IN GENERAL.—Chapter 137 of title 10, striking ‘‘paragraphs (1) and (2)’’ and insert- unmanned aircraft or unmanned aircraft sys- United States Code, is amended by inserting ing ‘‘paragraphs (1), (2), and (3)’’. tem could interfere with lawful defense ac- after section 2327 the following new section: (c) REGULATIONS AND GUIDANCE.— tivities, including airfield and military oper- ‘‘§ 2327a. Contracts: consideration of out- (1) IN GENERAL.—Not later than 180 days ations and training; or sourcing of jobs after the date of the enactment of this Act, ‘‘(vi) any area the presence in which of an ‘‘(a) DISCLOSURE OF OUTSOURCING OF the Secretary of Defense shall amend the De- unmanned aircraft or unmanned aircraft sys- JOBS.— fense Federal Acquisition Regulation Sup- tem could pose a national security risk ‘‘(1) IN GENERAL.—The head of an agency plement to carry out the requirements of through the unauthorized disclosure of sen- shall require a contractor that submits a bid section 2327a of title 10, United States Code, sitive or classified information.’’. or proposal in response to a solicitation as added by this section. issued by the agency to disclose in that bid (2) TRAINING AND GUIDANCE.—The Secretary SA 767. Mr. PERDUE proposed an or proposal if the contractor, or a subsidiary of Defense shall develop and provide clear amendment to the bill S. 765, to amend of the contractor, owns a facility for which training and guidance to acquisition offi- title 18, United States Code, to provide there is an outsourcing event during the cials, contracting officers, and current and for penalties for the sale of any Purple three-year period ending on the date of the potential contractors regarding implementa- Heart awarded to a member of the submittal of the bid or proposal. tion policies and practices for section 2327a ‘‘(2) OUTSOURCING EVENT.—For purposes of Armed Forces; as follows: of title 10, United States Code, as added by paragraph (1), the term ‘outsourcing event’ this section. Strike all after the enacting clause and in- means a plant closing or mass layoff (as de- (3) DEFINITION OF OUTSOURCING.—For pur- sert the following: scribed in section 2(a) of the Worker Adjust- poses of defining outsourcing pursuant to SECTION 1. SHORT TITLE. ment and Retraining Notification Act (29 paragraphs (1) and (2), the Secretary of De- This Act may be cited as the ‘‘Private U.S.C. 2101(a)) in which the employment loss fense may utilize regulations prescribed by Corrado Piccoli Purple Heart Preservation (excluding any part-time employees) for po- the Secretary of Labor. Act’’. sitions which will be moved to a country (d) RULE OF CONSTRUCTION.—This section, SEC. 2. FINDINGS. outside of the United States exceeds 50 em- and the amendments made by this section, Congress finds the following: ployees. shall be applied in a manner consistent with

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00107 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.050 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4888 CONGRESSIONAL RECORD — SENATE August 3, 2017 United States obligations under inter- (B) the use of Internet of Things tech- (D) the opportunities and challenges asso- national agreements. nology by Federal agencies as of the date on ciated with the use of Internet of Things which the working group performs the exam- technology by small businesses; and SA 769. Mr. WICKER (for Mrs. FISCH- ination; (E) any international proceeding, inter- ER) proposed an amendment to the bill (C) the preparedness and ability of Federal national negotiation, or other international S. 88, to ensure appropriate spectrum agencies to adopt Internet of Things tech- matter affecting the Internet of Things to planning and interagency coordination nology in the future; and which the United States is or should be a to support the Internet of Things; as (D) any additional security measures that party. Federal agencies may need to take to— follows: (3) MEMBERSHIP.—The Secretary shall ap- (i) safely and securely use the Internet of point to the steering committee members SECTION 1. SHORT TITLE. Things, including measures that ensure the representing a wide range of stakeholders This Act may be cited as the ‘‘Developing security of critical infrastructure; and outside of the Federal Government with ex- Innovation and Growing the Internet of (ii) enhance the resiliency of Federal sys- pertise relating to the Internet of Things, in- Things Act’’ or ‘‘DIGIT Act’’. tems against cyber threats to the Internet of cluding— SEC. 2. FINDINGS; SENSE OF CONGRESS. Things. (A) information and communications tech- (a) FINDINGS.—Congress finds that— (c) AGENCY REPRESENTATIVES.—In con- nology manufacturers, suppliers, service pro- (1) the Internet of Things refers to the vening the working group under subsection viders, and vendors; growing number of connected and inter- (a), the Secretary shall have discretion to (B) subject matter experts representing in- connected devices; appoint representatives and shall specifi- dustrial sectors other than the technology (2) estimates indicate that more than cally consider seeking representation from— sector that can benefit from the Internet of 50,000,000,000 devices will be connected to the (1) the Department of Commerce, includ- Things, including the energy, agriculture, Internet by 2020; ing— and health care sectors; (3) the Internet of Things has the potential (A) the National Telecommunications and (C) small, medium, and large businesses; to generate trillions of dollars in new eco- Information Administration; (D) think tanks and academia; nomic activity around the world; (B) the National Institute of Standards and (E) nonprofit organizations and consumer (4) businesses across the United States can Technology; and groups; develop new services and products, improve (C) the National Oceanic and Atmospheric (F) rural stakeholders; and operations, simplify logistics, cut costs, and Administration; (G) other stakeholders with relevant exper- pass savings on to consumers by utilizing the (2) the Department of Transportation; tise, as determined by the Secretary. Internet of Things and related innovations; (3) the Department of Homeland Security; (4) REPORT.—Not later than 1 year after (5) the United States leads the world in the (4) the Office of Management and Budget; the date of enactment of this Act, the steer- development of technologies that support (5) the National Science Foundation; ing committee shall submit to the working the Internet and the United States tech- (6) the Commission; group a report that includes any findings or nology sector is well-positioned to lead in (7) the Federal Trade Commission; recommendations of the steering committee. the development of technologies for the (8) the Office of Science and Technology (5) INDEPENDENT ADVICE.— Internet of Things; Policy; (A) IN GENERAL.—The steering committee (6) the United States Government can im- (9) the Department of Energy; and shall set the agenda of the steering complement this technology to better deliver (10) the Federal Energy Regulatory Com- mittee in carrying out the duties of the services to the public; and mission. steering committee under paragraph (2). (7) the Senate unanimously passed Senate (d) NONGOVERNMENTAL STAKEHOLDERS.— (B) SUGGESTIONS.—The working group may Resolution 110, 114th Congress, agreed to The working group shall consult with non- suggest topics or items for the steering com- March 24, 2015, calling for a national strat- governmental stakeholders, including— mittee to study, and the steering committee egy for the development of the Internet of (1) the steering committee; shall take those suggestions into consider- Things. (2) information and communications tech- ation in carrying out the duties of the steer- (b) SENSE OF CONGRESS.—It is the sense of nology manufacturers, suppliers, service pro- ing committee. Congress that policies governing the Inter- viders, and vendors; (C) REPORT.—The steering committee shall net of Things should maximize the potential (3) subject matter experts representing in- ensure that the report submitted under para- and development of the Internet of Things to dustrial sectors other than the technology benefit all stakeholders, including busi- graph (4) is the result of the independent sector that can benefit from the Internet of judgment of the steering committee. nesses, governments, and consumers. Things, including the energy, agriculture, (6) TERMINATION.—The steering committee SEC. 3. DEFINITIONS. and health care sectors; shall terminate on the date on which the In this Act: (4) small, medium, and large businesses; working group submits the report under sub- (1) COMMISSION.—The term ‘‘Commission’’ (5) think tanks and academia; section (f) unless, on or before that date, the means the Federal Communications Com- (6) nonprofit organizations and consumer Secretary files a new charter for the steering mission. groups; committee under section 9(c) of the Federal (2) SECRETARY.—The term ‘‘Secretary’’ (7) rural stakeholders; and Advisory Committee Act (5 U.S.C. App.). means the Secretary of Commerce. (8) other stakeholders with relevant exper- (3) STEERING COMMITTEE.—The term ‘‘steer- tise, as determined by the Secretary. (f) REPORT TO CONGRESS.— ing committee’’ means the steering com- (e) STEERING COMMITTEE.— (1) IN GENERAL.—Not later than 18 months mittee established under section 4(e)(1). (1) ESTABLISHMENT.—There is established after the date of enactment of this Act, the (4) WORKING GROUP.—The term ‘‘working within the Department of Commerce a steer- working group shall submit to Congress a re- group’’ means the working group convened ing committee to advise the working group. port that includes— under section 4(a). (2) DUTIES.—The steering committee shall (A) the findings and recommendations of SEC. 4. FEDERAL WORKING GROUP. advise the working group with respect to— the working group with respect to the duties (a) IN GENERAL.—The Secretary shall con- (A) the identification of any Federal regu- of the working group under subsection (b); vene a working group of Federal stake- lations, statutes, grant practices, programs, (B) the report submitted by the steering holders for the purpose of providing rec- budgetary or jurisdictional challenges, and committee under subsection (e)(4), as the re- ommendations and a report to Congress re- other sector-specific policies that are inhib- port was received by the working group; lating to the aspects of the Internet of iting, or could inhibit, the development of (C) recommendations for action or reasons Things described in subsection (b). the Internet of Things; for inaction, as applicable, with respect to (b) DUTIES.—The working group shall— (B) whether adequate spectrum is available each recommendation made by the steering (1) identify any Federal regulations, stat- to support the growing Internet of Things committee in the report submitted under utes, grant practices, budgetary or jurisdic- and what legal or regulatory barriers may subsection (e)(4); and tional challenges, and other sector-specific exist to providing any spectrum needed in (D) an accounting of any progress made by policies that are inhibiting, or could inhibit, the future; Federal agencies to implement recommenda- the development of the Internet of Things; (C) policies or programs that— tions made by the working group or the (2) consider policies or programs that en- (i) promote or are related to the privacy of steering committee. courage and improve coordination among individuals who use or are affected by the (2) COPY OF REPORT.—The working group Federal agencies with jurisdiction over the Internet of Things; shall submit a copy of the report described in Internet of Things; (ii) may enhance the security of the Inter- paragraph (1) to— (3) consider any findings or recommenda- net of Things, including the security of crit- (A) the Committee on Commerce, Science, tions made by the steering committee and, ical infrastructure; and Transportation and the Committee on where appropriate, act to implement those (iii) may protect users of the Internet of Energy and Natural Resources of the Senate; recommendations; and Things; and (B) the Committee on Energy and Com- (4) examine— (iv) may encourage coordination among merce of the House of Representatives; and (A) how Federal agencies can benefit from Federal agencies with jurisdiction over the (C) any other committee of Congress, upon utilizing the Internet of Things; Internet of Things; request to the working group.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00108 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.050 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4889 SEC. 5. ASSESSING SPECTRUM NEEDS. coins in recognition of the 100th anni- thorized to meet during the session of (a) IN GENERAL.—The Commission, in con- versary of The American Legion; as fol- the Senate on Thursday, August 3, 2017 sultation with the National Telecommuni- lows: at 10 a.m., to hold a business meeting. cations and Information Administration, COMMITTEE ON THE JUDICIARY shall issue a notice of inquiry seeking public In section 7(d), in the subsection heading, strike ‘‘GAO AUDIT’’ and insert ‘‘AUDIT’’. comment on the current, as of the date of en- Mr. President, I ask unanimous consent that the Committee on the Judici- actment of this Act, and future spectrum SA 773. Ms. MURKOWSKI (for Mr. needs of the Internet of Things. ary be authorized to meet during the SULLIVAN) proposed an amendment to (b) REQUIREMENTS.—In issuing the notice of session of the Senate, on August 3, 2017, inquiry under subsection (a), the Commis- the bill S. 756, to reauthorize and at 10 a.m., in SD–226 of the Dirksen sion shall seek comments that consider and amend the Marine Debris Act to pro- Senate Office Building, to conduct an evaluate— mote international action to reduce executive business meeting. (1) whether adequate spectrum is available marine debris, and for other purposes; COMMITTEE ON COMMERCE, SCIENCE, AND to support the growing Internet of Things; as follows: TRANSPORTATION (2) what regulatory barriers may exist to Beginning on page 3, strike line 3 and all providing any needed spectrum for the Inter- Mr. President, I ask unanimous con- that follows through page 3, line 23, and in- sent that the Committee on Commerce, net of Things; and sert the following: Science, and Transportation be author- (3) what the role of licensed and unlicensed ‘‘(2) ASSISTANCE.—If the Administrator spectrum is and will be in the growth of the makes a determination under paragraph (1) ized to hold a meeting during the ses- Internet of Things. that there is a severe marine debris event, sion of the Senate on Thursday, August (c) REPORT.—Not later than 1 year after the Administrator is authorized to make 3, 2017, at 9:45 a.m. in room 253 of the the date of enactment of this Act, the Com- sums available to be used by the affected Russell Senate Office Building. mission shall submit to the Committee on State or by the Administrator in cooperation The Committee will hold a Sub- Commerce, Science, and Transportation of with the affected State— committee Hearing on ‘‘Insurance the Senate and the Committee on Energy ‘‘(A) to assist in the cleanup and response and Commerce of the House of Representa- Fraud in America: Current Issues Fac- required by the severe marine debris event; ing Industry and Consumers.’’ tives a report summarizing the comments or submitted in response to the notice of in- ‘‘(B) to conduct such other activity as the f quiry issued under subsection (a). Administrator determines is appropriate in WOMEN, PEACE, AND SECURITY response to the severe marine debris event.’’. ACT OF 2017 SA 770. Mr. MURPHY submitted an On page 4, beginning on line 24, strike amendment intended to be proposed by ‘‘Federal funding for research and develop- Ms. MURKOWSKI. Mr. President, I him to the bill H.R. 2810, to authorize ment’’ and insert ‘‘research and develop- ask unanimous consent that the Sen- appropriations for fiscal year 2018 for ment, including through the establishment ate proceed to the immediate consider- military activities of the Department of a prize competition,’’. ation of Calendar No. 123, S. 1141. of Defense, for military construction, f The PRESIDING OFFICER. The and for defense activities of the De- clerk will report the bill by title. AUTHORITY FOR COMMITTEES TO The senior assistant legislative clerk partment of Energy, to prescribe mili- MEET tary personnel strengths for such fiscal read as follows: year, and for other purposes; which was Mrs. FISCHER. Mr. President, I have A bill (S. 1141) to ensure that the United ordered to lie on the table; as follows: 6 requests for committees to meet dur- States promotes the meaningful participa- ing today’s session of the Senate. They tion of women in mediation and negotiation At the end of subtitle E of title X, add the have the approval of the Majority and processes seeking to prevent, mitigate, or re- following: solve violent conflict. SEC. lll. SUNSET OF AUTHORIZATION FOR USE Minority leaders. OF MILITARY FORCE. Pursuant to rule XXVI, paragraph There being no objection, the Senate (a) SUNSET.—Section 2 of the Authoriza- 5(a), of the Standing Rules of the Sen- proceeded to consider the bill. tion for Use of Military Force (Public Law ate, the following committees are au- Ms. MURKOWSKI. I ask unanimous 107–40; 50 U.S.C. 1541 note) is amended by thorized to meet during today’s session consent that the bill be considered read adding at the end the following new sub- of the Senate: a third time. The PRESIDING OFFICER. Without section: COMMITTEE ON ENERGY AND NATURAL ‘‘(c) SUNSET.—The authority to use force in RESOURCES objection, it is so ordered. this resolution shall expire on the date that Ms. MURKOWSKI. Mr. President, I The bill was ordered to be engrossed is three years after the date of the enact- for a third reading and was read the ment of the National Defense Authorization ask unanimous consent that the Sen- ate Committee on Energy and Natural third time. Act for Fiscal Year 2018, unless reauthorized Ms. MURKOWSKI. Mr. President, I Resources be authorized to meet during or extended by an Act of Congress.’’. know of no further debate on the bill. (b) SENSE OF CONGRESS.—It is the sense of the session of the Senate in order to The PRESIDING OFFICER. If there Congress that— hold a hearing on Thursday, August 3, is no further debate, the bill having (1) the need will remain to defend against 2017 at 10 a.m. in Room 366 of the Dirk- specific networks of violent extremists, in- been read the third time, the question sen Senate Office Building in Wash- is, Shall the bill pass? cluding al Qaeda and its affiliates, that ington, DC. threaten the United States; and The bill (S. 1141) was passed, as fol- (2) the President must work with Congress COMMITTEE ON ENERGY AND NATURAL lows: RESOURCES to secure whatever authorities may be re- S. 1141 quired to meet that threat in a manner that Ms. MURKOWSKI. Mr. President, I Be it enacted by the Senate and House of Rep- complies with the Constitution and the War ask unanimous consent that the Sen- resentatives of the United States of America in Powers Resolution (50 U.S.C. 1541 et seq.). ate Committee on Energy and Natural Congress assembled, Resources be authorized to meet during SECTION 1. SHORT TITLE. SA 771. Ms. MURKOWSKI (for Mr. the session of the Senate in order to This Act may be cited as the ‘‘Women, CARPER) proposed an amendment to the hold a Business Meeting on Thursday, Peace, and Security Act of 2017’’. bill S. 1099, to provide for the identi- August 3, 2017, immediately after the 12 SEC. 2. FINDINGS. fication and prevention of improper p.m. vote in S–216, the Capitol, in Congress makes the following findings: payments and the identification of Washington, DC. (1) Around the world, women remain strategic sourcing opportunities by re- under-represented in conflict prevention, COMMITTEE ON FINANCE conflict resolution, and post-conflict peace viewing and analyzing the use of Fed- Mr. President, I ask unanimous con- eral agency charge cards; as follows: building efforts. sent that the Committee on Finance be (2) Women in conflict-affected regions have On page 5, beginning on line 6, strike ‘‘Gen- authorized to meet during the session achieved significant success in— eral Services Administration Office of of the Senate on Thursday, August 3, (A) moderating violent extremism; Charge Card Management’’ and insert ‘‘the (B) countering terrorism; General Services Administration’’. 2017, at 10 a.m., in 215 Dirksen Senate Office Building, to conduct a hearing to (C) resolving disputes through nonviolent mediation and negotiation; and SA 772. Ms. MURKOWSKI (for Mr. consider pending nominations. (D) stabilizing societies by enhancing the YOUNG) proposed an amendment to the COMMITTEE ON FOREIGN RELATIONS effectiveness of security services, peace- bill S. 1182, to require the Secretary of I ask unanimous consent that the keeping efforts, institutions, and decision- the Treasury to mint commemorative Committee on Foreign Relations be au- making processes.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00109 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.052 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4890 CONGRESSIONAL RECORD — SENATE August 3, 2017 (3) Research suggests that peace negotia- nancial, and in-kind contributions, to imple- (A) international human rights law and tions are more likely to succeed and to re- ment the strategy; and international humanitarian law, as relevant; sult in durable peace agreements when (2) the efforts of the department or agency and women participate in the peace process. to ensure that the policies and initiatives (B) protecting civilians from violence, ex- SEC. 3. SENSE OF CONGRESS. carried out pursuant to the strategy are de- ploitation, and trafficking in persons. It is the sense of Congress that— signed to achieve maximum impact and (3) Effective strategies and best practices (1) the meaningful participation of women long-term sustainability. for ensuring meaningful participation by in conflict prevention and conflict resolution (c) COORDINATION.—The President should women. promote the meaningful participation of processes helps to promote more inclusive SEC. 7. CONSULTATION AND COLLABORATION. and democratic societies and is critical to women in conflict prevention, in coordination and consultation with international (a) IN GENERAL.—The Secretary of State the long-term stability of countries and re- partners, including, as appropriate, multilat- and the Administrator of the United States gions; eral organizations, stakeholders, and other Agency for International Development may (2) the political participation, and leader- relevant international organizations, par- establish guidelines or take other steps to ship of women in fragile environments, particularly in situations in which the direct ensure overseas United States personnel of ticularly during democratic transitions, is engagement of the United States Govern- the Department of State or the United critical to sustaining lasting democratic in- ment is not appropriate or advisable. States Agency for International Develop- stitutions; and (d) SENSE OF CONGRESS.—It is the sense of ment, as the case may be, consult with ap- (3) the United States should be a global Congress that the President, in imple- propriate stakeholders, including local leader in promoting the meaningful partici- menting each strategy submitted under sub- women, youth, ethnic, and religious minori- pation of women in conflict prevention, man- section (a), should— ties, and other politically under-represented agement, and resolution, and post-conflict (1) provide technical assistance, training, or marginalized populations, regarding relief and recovery efforts. and logistical support to female negotiators, United States efforts to— SEC. 4. STATEMENT OF POLICY. mediators, peace builders, and stakeholders; (1) prevent, mitigate, or resolve violent It shall be the policy of the United States (2) address security-related barriers to the conflict; and to promote the meaningful participation of meaningful participation of women; (2) enhance the success of mediation and women in all aspects of overseas conflict pre- (3) encourage increased participation of negotiation processes by ensuring the mean- vention, management, and resolution, and women in existing programs funded by the ingful participation of women. post-conflict relief and recovery efforts, rein- United States Government that provide (b) COLLABORATION AND COORDINATION.— forced through diplomatic efforts and pro- training to foreign nationals regarding law The Secretary of State should work with grams that— enforcement, the rule of law, or professional international, regional, national, and local (1) integrate the perspectives and interests military education; organizations to increase the meaningful of affected women into conflict-prevention (4) support appropriate local organizations, participation of women in international activities and strategies; especially women’s peace building organiza- peacekeeping operations, and should pro- (2) encourage partner governments to tions; mote training that provides international adopt plans to improve the meaningful par- (5) support the training, education, and peacekeeping personnel with the substantive ticipation of women in peace and security mobilization of men and boys as partners in knowledge and skills needed to ensure effec- processes and decision-making institutions; support of the meaningful participation of tive physical security and meaningful par- (3) promote the physical safety, economic women; ticipation of women in conflict prevention security, and dignity of women and girls; (6) encourage the development of transi- and peace building. tional justice and accountability mecha- (4) support the equal access of women to SEC. 8. REPORTS TO CONGRESS. aid distribution mechanisms and services; nisms that are inclusive of the experiences and perspectives of women and girls; (a) BRIEFING.—Not later than 1 year after (5) collect and analyze gender data for the the date of the first submission of a strategy purpose of developing and enhancing early (7) expand and apply gender analysis, as appropriate, to improve program design and required under section 5, the Secretary of warning systems of conflict and violence; State, in conjunction with the Adminis- (6) adjust policies and programs to improve targeting; and (8) conduct assessments that include the trator of the United States Agency for Inter- outcomes in gender equality and the em- national Development and the Secretary of powerment of women; and perspectives of women regarding new initiatives in support of peace negotiations, tran- Defense, shall brief the appropriate congres- (7) monitor, analyze, and evaluate the ef- sional committees on existing, enhanced, or forts related to each strategy submitted sitional justice and accountability, efforts to counter violent extremism, or security sec- newly established training carried out pursu- under section 5 and the impact of such ef- ant to section 6. forts. tor reform. SEC. 6. TRAINING REQUIREMENTS REGARDING (b) REPORT ON WOMEN, PEACE, AND SECU- SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN RITY STRATEGY.—Not later than 2 years after THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE the date of the submission of each strategy CONFLICT PREVENTION AND PEACE BUILDING. BUILDING. required under section 5, the President shall (a) FOREIGN SERVICE.—The Secretary of submit to the appropriate congressional (a) REQUIREMENT.—Not later than one year State, in conjunction with the Adminis- after the date of the enactment of this Act, committees a report that— trator of the United States Agency for Inter- and again four years thereafter, the Presi- (1) summarizes and evaluates the imple- national Development, shall ensure that all mentation of such strategy and the impact dent, in consultation with the heads of the appropriate personnel (including special en- relevant Federal departments and agencies, of United States diplomatic efforts and for- voys, members of mediation or negotiation eign assistance programs, projects, and ac- shall submit to the appropriate congres- teams, relevant members of the civil service sional committees and make publicly avail- tivities to promote the meaningful participa- or Foreign Service, and contractors) respon- tion of women; able a single government-wide strategy, to sible for or deploying to countries or regions be known as the Women, Peace, and Security (2) describes the nature and extent of the considered to be at risk of, undergoing, or coordination among the relevant Federal de- Strategy, that provides a detailed descrip- emerging from violent conflict obtain train- tion of how the United States intends to ful- partments and agencies on the implementa- ing, as appropriate, in the following areas, tion of such strategy; fill the policy objectives in section 4. The each of which shall include a focus on women strategy shall— (3) outlines the monitoring and evaluation and ensuring meaningful participation by tools, mechanisms, and common indicators (1) support and be aligned with plans devel- women: to assess progress made on the policy objec- oped by other countries to improve the (1) Conflict prevention, mitigation, and tives set forth in section 4; and meaningful participation of women in peace resolution. (4) describes the existing, enhanced, or and security processes, conflict prevention, (2) Protecting civilians from violence, ex- newly established training carried out pursu- peace building, transitional processes, and ploitation, and trafficking in persons. ant to section 6. decisionmaking institutions; and (3) International human rights law and (2) include specific and measurable goals, international humanitarian law. SEC. 9. DEFINITIONS. benchmarks, performance metrics, time- (b) DEPARTMENT OF DEFENSE.—The Sec- In this Act: tables, and monitoring and evaluation plans retary of Defense shall ensure that relevant (1) APPROPRIATE CONGRESSIONAL COMMIT- to ensure the accountability and effective- personnel receive training, as appropriate, in TEES.—The term ‘‘appropriate congressional ness of all policies and initiatives carried out the following areas: committees’’ means— under the strategy. (1) Training in conflict prevention, peace (A) the Committee on Foreign Relations, (b) SPECIFIC PLANS FOR DEPARTMENTS AND processes, mitigation, resolution, and secu- the Committee on Armed Services, and the AGENCIES.—Each strategy under subsection rity initiatives that specifically addresses Committee on Appropriations of the Senate; (a) shall include a specific implementation the importance of meaningful participation and plan from each of the relevant Federal de- by women. (B) the Committee on Foreign Affairs, the partments and agencies that describes— (2) Gender considerations and meaningful Committee on Armed Services, and the Com- (1) the anticipated contributions of the de- participation by women, including training mittee on Appropriations of the of the House partment or agency, including technical, fi- regarding— of Representatives.

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(2) RELEVANT FEDERAL DEPARTMENTS AND term in section 2 of the Improper Payments ministration and the appropriate officials in AGENCIES.—The term ‘‘relevant Federal de- Information Act of 2002 (31 U.S.C. 3321 note). Federal agencies; partments and agencies’’ means— (2) QUESTIONABLE TRANSACTION.—The term (4) consider the recommendations made by (A) the United States Agency for Inter- ‘‘questionable transaction’’ means a charge Inspectors General or the best practices In- national Development; card transaction that from initial card data spectors General have identified; and (B) the Department of State; appears to be high risk and may therefore be (5) include other requirements determined (C) the Department of Defense; improper due to non-compliance with appli- appropriate by the Director for the purposes (D) the Department of Homeland Security; cable law, regulation or policy. of carrying out this Act. and (3) STRATEGIC SOURCING.—The term ‘‘stra- (E) any other department or agency speci- tegic sourcing’’ means analyzing and modi- SEC. 5. INTERAGENCY CHARGE CARD DATA MAN- AGEMENT GROUP. fied by the President for purposes of this fying a Federal agency’s spending patterns Act. to better leverage its purchasing power, re- (a) ESTABLISHMENT.—The Administrator of (3) STAKEHOLDERS.—The term ‘‘stake- duce costs, and improve overall performance. General Services and the Director of the Of- holders’’ means non-governmental and pri- SEC. 3. EXPANDED USE OF DATA ANALYTICS. fice of Management and Budget shall estab- vate sector entities engaged in or affected by (a) STRATEGY.—Not later than 180 days lish a purchase and travel charge card data conflict prevention and stabilization, peace after the date of the enactment of this Act, management group to develop and share best building, protection, security, transition ini- the Director of the Office of Management practices for the purposes described in sec- tiatives, humanitarian response, or related and Budget, in consultation with the Admin- tion 3(a). efforts. istrator for General Services, shall develop a Ms. MURKOWSKI. Mr. President, I (b) ELEMENTS.—The best practices devel- strategy to expand the use of data analytics oped under subsection (a) shall— ask unanimous consent that the mo- in managing government purchase and travel (1) cover rules, edits, and task order or tion to reconsider be considered made charge card programs. These analytics may contract modifications related to charge and laid upon the table. employ existing General Services Adminis- card-issuing banks; The PRESIDING OFFICER. Without tration capabilities, and may be in conjunc- (2) include the review of accounts payable objection, it is so ordered. tion with agencies’ capabilities, for the pur- information and purchase and travel card pose of— f transaction data of agencies for the purpose (1) identifying examples or patterns of of identifying potential strategic sourcing SAVING FEDERAL DOLLARS questionable transactions and developing en- and other additional opportunities (such as THROUGH BETTER USE OF GOV- hanced tools and methods for agency use in— recurring payments, utility payments, and (A) identifying questionable purchase and grant payments) for which the charge cards ERNMENT PURCHASE AND TRAV- travel card transactions; and EL CARDS ACT OF 2017 or related payment products could be used as (B) recovering improper payments made a payment method; and Ms. MURKOWSKI. Mr. President, I with purchase and travel cards; (3) include other best practices as deter- ask unanimous consent that the Sen- (2) identifying potential opportunities for mined by the Administrator and Director. ate proceed to the immediate consider- agencies to further leverage administrative (c) MEMBERSHIP.—The purchase and travel ation of Calendar No. 169, S. 1099. process streamlining and cost reduction from purchase and travel card use, including addi- charge card data management group shall The PRESIDING OFFICER. The tional agency opportunities for card-based meet regularly as determined by the co- clerk will report the bill by title. strategic sourcing; chairs, for a duration of three years, and in- The senior assistant legislative clerk (3) developing a set of purchase and travel clude those agencies as described in section read as follows: card metrics and benchmarks for high-risk 2 of the Government Charge Card Abuse Pre- A bill (S. 1099) to provide for the identifica- activities, which shall assist agencies in vention Act of 2012 (Public Law 112–194) and tion and prevention of improper payments identifying potential emphasis areas for others identified by the Administrator and and the identification of strategic sourcing their purchase and travel card management Director. opportunities by reviewing and analyzing the and oversight activities, including those re- use of Federal agency charge cards. quired by the Government Charge Card SEC. 6. REPORTING REQUIREMENTS. Abuse Prevention Act of 2012 (Public Law There being no objection, the Senate (a) GENERAL SERVICES ADMINISTRATION RE- 112–194); and PORT.—Not later than one year after the date proceeded to consider the bill. (4) developing a plan, which may be based Ms. MURKOWSKI. Mr. President, I of the enactment of this Act, the Adminis- on existing capabilities, to create a library trator for General Services shall submit a re- ask unanimous consent that the Carper of analytics tools and data sources for use by port to Congress on the implementation of amendment at the desk be considered Federal agencies (including inspectors gen- this Act, including the metrics used in deter- eral of those agencies). and agreed to, the bill, as amended, be mining whether the analytic and considered read a third time and SEC. 4. GUIDANCE ON IMPROVING INFORMATION benchmarking efforts have reduced, or con- passed, and the motion to reconsider be SHARING TO CURB IMPROPER PAY- MENTS. tributed to the reduction of, questionable or considered made and laid upon the (a) IN GENERAL.—Not later than 180 days improper payments as well as improved uti- table with no intervening action or de- after the date of the enactment of this Act, lization of card-based payment products. bate. the Director of the Office of Management (b) AGENCY REPORTS AND CONSOLIDATED RE- The PRESIDING OFFICER. Without and Budget, in consultation with the Admin- PORT TO CONGRESS.—Not later than one year objection, it is so ordered. istrator of General Services and the inter- after the date of the enactment of this Act, The amendment (No. 771) was agreed agency charge card data management group the head of each Federal agency described in to, as follows: established under section 5, shall issue guid- section 2 of the Government Charge Card ance on improving information sharing by (Purpose: To make a technical correction) Abuse Prevention Act of 2012 (Public Law government agencies for the purposes of sec- 112–194) shall submit a report to the Director On page 5, beginning on line 6, strike ‘‘Gen- tion 3(a)(1). of the Office of Management and Budget on eral Services Administration Office of (b) ELEMENTS.—The guidance issued under Charge Card Management’’ and insert ‘‘the subsection (a) shall— that agency’s activities to implement this General Services Administration’’. (1) require relevant officials at Federal Act. The bill (S. 1099), as amended, was or- agencies to identify high-risk activities and (c) OFFICE OF MANAGEMENT AND BUDGET dered to be engrossed for a third read- communicate that information to the appro- REPORT TO CONGRESS.—The Director of the ing, was read the third time, and priate management levels within the agen- Office of Management and Budget shall sub- passed, as follows: cies; mit to Congress a consolidated report of S. 1099 (2) require that appropriate officials at agency activities to implement this Act, Federal agencies review the reports issued by Be it enacted by the Senate and House of Rep- which may be included as part of another re- charge card-issuing banks on questionable port submitted to Congress by the Director. resentatives of the United States of America in transaction activity (such as purchase and Congress assembled, travel card pre-suspension and suspension re- (d) REPORT ON ADDITIONAL SAVINGS OPPOR- SECTION 1. SHORT TITLE. ports, delinquency reports, and exception re- TUNITIES.—Not later than one year after the This Act may be cited as the ‘‘Saving Fed- ports), including transactions that occur date of the enactment of this Act, the Ad- eral Dollars Through Better Use of Govern- with high-risk activities, and suspicious tim- ministrator of General Services shall submit ment Purchase and Travel Cards Act of ing or amounts of cash withdrawals or ad- a report to Congress identifying and explor- 2017’’. vances; ing further potential savings opportunities SEC. 2. DEFINITIONS. (3) provide for the appropriate sharing of for government agencies under the Federal In this Act: information related to potential question- charge card programs. This report may be (1) IMPROPER PAYMENT.—The term ‘‘im- able transactions, fraud schemes, and high- combined with the report required under proper payment’’ has the meaning given the risk activities with the General Services Ad- subsection (a).

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00111 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.086 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4892 CONGRESSIONAL RECORD — SENATE August 3, 2017 EXPRESSING SUPPORT FOR THE medical technician, and paramedic workers (C) that is approximately 1.5 acres and 482 DESIGNATION OF OCTOBER 28, in the United States; lineal feet adjacent to the westerly line of River- 2017, AS ‘‘HONORING THE NA- Whereas there are more than 25,300,000 first side Road to the center of Finley Creek. TION’S FIRST RESPONDERS responders in the United States working to (2) RIVERSIDE BRIDGE PROJECT.—The term keep communities safe; ‘‘Riverside Bridge Project’’ means the project to DAY’’ Whereas first responders deserve to be rec- construct, maintain, and operate a bridge on Ms. MURKOWSKI. Mr. President, I ognized for their commitment to safety, de- and over the covered property. ask unanimous consent that the Sen- fense, and honor; and Ms. MURKOWSKI. Mr. President, I ate proceed to the immediate consider- Whereas October 28, 2017, would be an ap- ask unanimous consent that the com- ation of Calendar No. 183, S. Con. Res. propriate day to establish as ‘‘Honoring the mittee-reported substitute amendment Nation’s First Responders Day’’: Now, there- be considered and agreed to, the bill, as 15. fore, be it The PRESIDING OFFICER. The Resolved by the Senate (the House of Rep- amended, be considered read a third clerk will report the concurrent resolu- resentatives concurring), That Congress— time and passed, and the motion to re- tion by title. (1) supports the designation of October 28, consider be considered made and laid The senior assistant legislative clerk 2017, as ‘‘Honoring the Nation’s First Re- upon the table. read as follows: sponders Day’’; The PRESIDING OFFICER. Without (2) honors and recognizes the contributions A concurrent resolution (S. Con. Res. 15) objection, it is so ordered. of first responders; and expressing support for the designation of Oc- The committee-reported amendment (3) encourages the people of the United tober 28, 2017, as ‘‘Honoring the Nation’s in the nature of a substitute was States to observe Honoring the Nation’s First Responders Day.’’ agreed to. First Responders Day with appropriate cere- There being no objection, the Senate monies and activities that promote aware- The bill (S. 810), as amended, was or- proceeded to consider the concurrent ness of the contributions of first responders dered to be engrossed for a third read- resolution, which had been reported in the United States. ing, was read the third time, and from the Committee on Homeland Se- f passed. curity and Governmental Affairs, with FACILITATING CONSTRUCTION OF f an amendment, as follows: A BRIDGE ON CERTAIN PROP- THE AMERICAN LEGION 100TH AN- (The part of the concurrent resolu- ERTY IN CHRISTIAN COUNTY, NIVERSARY COMMEMORATIVE tion intended to be stricken is shown MISSOURI COIN ACT in boldface brackets and the part of the concurrent resolution intended to be Ms. MURKOWSKI. Mr. President, I Ms. MURKOWSKI. Mr. President, I inserted is shown in italics.) ask unanimous consent that the Sen- ask unanimous consent that the Com- ate proceed to the immediate consider- mittee on Banking, Housing, and S. CON. RES. 15 ation of Calendar No. 192, S. 810. Urban Affairs be discharged from fur- Whereas first responders include profes- The PRESIDING OFFICER. The ther consideration of S. 1182 and the sional and volunteer fire, police, emergency medical technician, and paramedic workers clerk will report the bill by title. Senate proceed to its immediate con- in the United States; The senior assistant legislative clerk sideration. Whereas there are more than 25,300,000 first read as follows: The PRESIDING OFFICER. Without responders in the United States working to A bill (S. 810) to facilitate construction of objection, it is so ordered. keep communities safe; a bridge on certain property in Christian The clerk will report the bill by title. Whereas first responders deserve to be rec- County, Missouri, and for other purposes. The senior assistant legislative clerk ognized for their commitment to safety, de- There being no objection, the Senate read as follows: fense, and honor; and proceeded to consider the bill, which A bill (S. 1182) to require the Secretary of Whereas October 28, 2017, would be an ap- the Treasury to mint commemorative coins propriate day to establish as ‘‘Honoring the had been reported from the Committee in recognition of the 100th anniversary of Nation’s First Responders Day’’: Now, thereon Environment and Public Works, The American Legion. fore, be it with an amendment to strike all after Resolved by the Senate (the House of Rep- the enacting clause and insert in lieu There being no objection, the Senate resentatives concurring), That øthe Senate¿ thereof the following: proceeded to consider the bill. Congress— SECTION 1. RIVERSIDE BRIDGE PROJECT. Ms. MURKOWSKI. I ask unanimous (1) supports the designation of October 28, (a) IN GENERAL.—The Riverside Bridge Project consent that the Young amendment at 2017, as ‘‘Honoring the Nation’s First Re- is authorized to be carried out notwith- the desk be considered and agreed to, sponders Day’’; standing— and the bill, as amended, be considered (2) honors and recognizes the contributions (1) any agreement entered unto under, or re- of first responders; and read a third time. striction pursuant to, section 404(b)(2) of the The PRESIDING OFFICER. Without (3) encourages the people of the United Robert T. Stafford Disaster Relief and Emer- States to observe Honoring the Nation’s gency Assistance Act (42 U.S.C. 5170c(b)(2)); or objection, it is so ordered. First Responders Day with appropriate cere- (2) any easement or other Federal restriction The amendment (No. 772) was agreed monies and activities that promote aware- pursuant to that Act (42 U.S.C. 5121 et seq.) that to, as follows: ness of the contributions of first responders requires the covered property to be maintained (Purpose: To improve the bill) in the United States. for open space, recreation, or wetland manage- In section 7(d), in the subsection heading, Ms. MURKOWSKI. Mr. President, I ment. strike ‘‘GAO AUDIT’’ and insert ‘‘AUDIT’’. ask unanimous consent that the com- (b) CONDITIONS.—As a condition of the au- The bill was ordered to be engrossed mittee-reported amendment be agreed thorization under subsection (a)— for a third reading and was read the to, the concurrent resolution, as (1) Christian County, Missouri, or an assignee third time. amended, be agreed to, the preamble be shall— (A) carry out the Riverside Bridge Project in Ms. MURKOWSKI. I know of no fur- agreed to, and the motions to recon- a manner that ensures that no flood damage at- ther debate on the bill. sider be considered made and laid upon tributable to the Project occurs; and The PRESIDING OFFICER. The bill the table with no intervening action or (B) be liable for any such flood damage that having been read the third time, the debate. does occur; and question is, Shall it pass? The PRESIDING OFFICER. Without (2) the Federal Government shall not be liable The bill (S. 1182), as amended, was objection, it is so ordered. for future flood damage that is caused by the passed, as follows: The committee-reported amendment Project. (c) DISASTER ASSISTANCE PROHIBITED.—No fu- was agreed to. S. 1182 ture disaster assistance from any Federal source Be it enacted by the Senate and House of Rep- The concurrent resolution (S. Con. may be provided with respect to the covered Res. 15), as amended, was agreed to. resentatives of the United States of America in property or any improvements thereon. Congress assembled, The preamble was agreed to. (d) DEFINITIONS.—In this Act, the following definitions apply: SECTION 1. SHORT TITLE. The concurrent resolution, as amend- This Act may be cited as ‘‘The American ed, with its preamble, reads as follows: (1) COVERED PROPERTY.—The term ‘‘covered property’’ means the property— Legion 100th Anniversary Commemorative S. CON. RES. 15 (A) in Christian County, Missouri; Coin Act’’. Whereas first responders include profes- (B) conveyed to such County by the Riverside SEC. 2. FINDINGS. sional and volunteer fire, police, emergency Inn, Inc.; and The Congress finds that—

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(1) on March 15, 1919, The American Legion (15) in August 2018, The American Legion (c) PREPAID ORDERS.— was founded in Paris, France, by members of will begin its centennial recognition at the (1) IN GENERAL.—The Secretary shall ac- the American Expeditionary Force occu- 100th National Convention in Minneapolis, cept prepaid orders for the coins minted pying Europe after World War I and con- Minnesota, the site of the first American Le- under this Act before the issuance of such cerned about the welfare of their comrades gion National Convention; and coins. and communities upon their return to the (16) in March 2019, the organization will (2) DISCOUNT.—Sale prices with respect to United States; celebrate its 100th birthday in Paris, France, prepaid orders under paragraph (1) shall be (2) on September 16, 1919, Congress char- and September 16, 2019, will mark the 100th at a reasonable discount. tered The American Legion, which quickly anniversary of The American Legion’s Fed- grew to become the largest veterans service eral charter. SEC. 7. SURCHARGES. organization in the United States; SEC. 3. COIN SPECIFICATIONS. (a) IN GENERAL.—All sales of coins minted (3) The American Legion conferences in (a) DENOMINATIONS.—In recognition and under this Act shall include a surcharge as Washington, DC, in 1923 and 1924 crafted the celebration of the 100th anniversary of The follows: first United States Flag Code, which was American Legion, the Secretary of the (1) A surcharge of $35 per coin for the $5 adopted in schools, States, cities and coun- Treasury (hereafter in this Act referred to as coin. ties prior to being enacted in 1942, estab- the ‘‘Secretary’’) shall mint and issue the (2) A surcharge of $10 per coin for the $1 lishing the proper use, display, and respect following coins: coin described under section 3(a)(2). for the colors of the United States; (1) $5 GOLD COINS.—Not more than 50,000 $5 (3) A surcharge of $5 per coin for the half- (4) during World War II, The American Le- coins, which shall— dollar coin. gion developed and presented to Congress its (A) weigh 8.359 grams; (b) DISTRIBUTION.—Subject to section case for vastly improved support for medi- (B) have a diameter of 0.850 inches; and cally discharged, disabled veterans, which (C) contain not less than 90 percent gold. 5134(f) of title 31, United States Code, all sur- ultimately became the Servicemen’s Read- (2) $1 SILVER COINS.—Not more than 400,000 charges received by the Secretary from the justment Act of 1944 (58 Stat. 284; chapter $1 coins, which shall— sale of coins issued under this Act shall be 268), better known as the G.I. Bill of Rights, (A) weigh 26.73 grams; promptly paid by the Secretary to The and was drafted by former American Legion (B) have a diameter of 1.500 inches; and American Legion for costs related to— National Commander Harry W. Colmery in (C) contain not less than 90 percent silver. (1) promoting the importance of, and car- Washington’s Mayflower Hotel; (3) HALF-DOLLAR CLAD COINS.—Not more ing for, those who have served in uniform, (5) through the leadership and advocacy of than 750,000 half-dollar coins which shall— ensuring they receive proper health care and The American Legion, the G.I. Bill was en- (A) weigh 11.34 grams; disability benefits earned through military acted in June 1944, which led to monumental (B) have a diameter of 1.205 inches; and service; changes in United States society, including (C) be minted to the specifications for half- (2) promoting the importance of, and car- the democratization of higher education, dollar coins contained in section 5112(b) of ing for, those who are still serving in the home ownership for average people in the title 31, United States Code. Armed Forces; United States, better VA hospitals, business (b) LEGAL TENDER.—The coins minted (3) promoting the importance of maintain- and farm loans for veterans, and the ability under this Act shall be legal tender, as pro- ing the patriotic values, morals, culture, and to appeal conditions of military discharge; vided in section 5103 of title 31, United States citizenship of the United States; and (6) defying those who argued the G.I. Bill Code. (4) promoting the importance of maintain- would break the Treasury, according to var- (c) NUMISMATIC ITEMS.—For purposes of ing strong families, assistance for at-risk ious researchers, the G.I. Bill provided a tre- sections 5134 and 5136 of title 31, United children, and activities that promote their mendous return on investment of $7 to the States Code, all coins minted under this Act United States economy for every $1 spent on healthy and wholesome development. shall be considered to be numismatic items. the program, triggering a half-century of (c) LIMITATION.—Notwithstanding sub- prosperity in the United States; SEC. 4. DESIGN OF COINS. section (a), no surcharge may be included (a) IN GENERAL.—The design for the coins (7) after Hurricane Hugo in 1989, The Amer- with respect to the issuance under this Act ican Legion established the National Emer- minted under this Act shall be emblematic of The American Legion. of any coin during a calendar year if, as of gency Fund to provide immediate cash relief the time of such issuance, the issuance of for veterans who have been affected by nat- (b) DESIGNATIONS AND INSCRIPTIONS.—On such coin would result in the number of com- ural disasters; each coin minted under this Act there shall (8) American Legion National Emergency be— memorative coin programs issued during Fund grants after Hurricanes Katrina and (1) a designation of the denomination of such year to exceed the annual commemora- Rita in 2005, for instance, exceeded $1,700,000; the coin; tive coin program issuance limitation under (9) The American Legion fought to see the (2) an inscription of the year ‘‘2019’’; and section 5112(m)(1) of title 31, United States Veterans Administration elevated to Cabi- (3) inscriptions of the words ‘‘Liberty’’, ‘‘In Code (as in effect on the date of the enact- net-level status as the Department of Vet- God We Trust’’, ‘‘United States of America’’, ment of this Act). The Secretary of the erans Affairs, ensuring support for veterans and ‘‘E Pluribus Unum’’. Treasury may issue guidance to carry out (c) SELECTION.—The design for the coins would be set at the highest level of the Fed- this subsection. eral Government, as a priority issue for the minted under this Act shall be— President; (1) selected by the Secretary after con- (d) AUDIT.—Each recipient described in (10) after a decades-long struggle to im- sultation with— subsection (b) shall be subject to the audit prove the adjudication process for veterans (A) the Commission of Fine Arts; and requirements of section 5134(f)(2) of title 31, disputing claims decisions, The American (B) the Adjutant of The American Legion, United States Code, with regard to the Legion helped shape and introduce the Vet- as defined in the constitution and bylaws of amounts received under subsection (b). erans Reassurance Act to create a venue for The American Legion; and judicial review of veterans’ appeals; (2) reviewed by the Citizens Commemora- SEC. 8. FINANCIAL ASSURANCES. (11) building on these efforts, legislation tive Coin Advisory Committee. The Secretary shall take such actions as was passed in 1988 to create the United SEC. 5. ISSUANCE OF COINS. may be necessary to ensure that— States Court of Veterans Appeals, today (a) QUALITY OF COINS.—Coins minted under (1) minting and issuing coins under this known as the United States Court of Appeals this Act shall be issued in uncirculated and Act will not result in any net cost to the for Veterans Claims; proof qualities. United States Government; and (12) The American Legion created the (b) PERIOD FOR ISSUANCE.—The Secretary (2) no funds, including applicable sur- American Legacy Scholarship Fund for chil- may issue coins minted under this Act only charges, are disbursed to any recipient des- dren of military members killed on active during the 1-year period beginning on Janu- ignated in section 7 until the total cost of duty on or after September 11, 2001; ary 1, 2019. designing and issuing all of the coins author- (13) in 2016, The American Legion’s Na- SEC. 6. SALE OF COINS. ized by this Act (including labor, materials, tional Executive Committee amended the (a) SALE PRICE.—The coins issued under dies, use of machinery, overhead expenses, original scholarship criteria to include chil- this Act shall be sold by the Secretary at a marketing, and shipping) is recovered by the dren of veterans with 50 percent or greater price based upon the sum of— United States Treasury, consistent with sec- VA disability ratings; (1) the face value of the coins; tions 5112(m) and 5134(f) of title 31, United (14) President George W. Bush signed into (2) the surcharge provided in section 7(a) States Code. law the Post-9/11 Veterans Educational As- with respect to such coins; and sistance Act (title V of the Supplemental Ap- (3) the cost of designing and issuing the Ms. MURKOWSKI. I ask unanimous propriations Act, 2008; 122 Stat. 2357), a next- coins (including labor, materials, dies, use of consent that the motion to reconsider generation G.I. Bill strongly supported by machinery, overhead expenses, marketing, be considered made and laid upon the The American Legion and the most com- and shipping). table. prehensive educational benefits package (b) BULK SALES.—The Secretary shall since the original G.I. Bill of Rights was en- make bulk sales of the coins issued under The PRESIDING OFFICER. Without acted in 1944; this Act at a reasonable discount. objection, it is so ordered.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00113 Fmt 0637 Sfmt 0634 E:\CR\FM\A03AU6.067 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4894 CONGRESSIONAL RECORD — SENATE August 3, 2017 JAVIER VEGA, JR. MEMORIAL ACT ation of H.R. 374, which was received Ms. MURKOWSKI. Mr. President, I OF 2017 from the House. ask unanimous consent that the reso- Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The lution be agreed to, the preamble be ask unanimous consent that the Com- clerk will report the bill by title. agreed to, and the motions to recon- The senior assistant legislative clerk mittee on Homeland Security and Gov- sider be considered made and laid upon read as follows: ernmental Affairs be discharged from the table with no intervening action or further consideration of S. 1617 and the A bill (H.R. 374) to remove the sunset pro- debate. vision of section 203 of Public Law 105–384, The PRESIDING OFFICER. Without Senate proceed to its immediate con- and for other purposes. sideration. objection, it is so ordered. There being no objection, the Senate The PRESIDING OFFICER. Without The resolution (S. Res. 230) was proceeded to consider the bill. objection, it is so ordered. agreed to. Ms. MURKOWSKI. Mr. President, I The clerk will report the bill by title. The preamble was agreed to. ask unanimous consent that the bill be The senior assistant legislative clerk (The resolution, with its preamble, is considered read a third time and passed read as follows: printed in the RECORD of July 24, 2017, and the motion to reconsider be consid- under ‘‘Submitted Resolutions.’’) A bill (S. 1617) to designate the checkpoint ered made and laid upon the table. of the United States Border Patrol located The PRESIDING OFFICER. Without on United States Highway 77 North in f Sarita, Texas, as the ‘‘Javier Vega, Jr. Bor- objection, it is so ordered. der Patrol Checkpoint.’’ The bill (H.R. 374) was ordered to a RESOLUTIONS SUBMITTED TODAY third reading, was read the third time, There being no objection, the Senate Ms. MURKOWSKI. Mr. President, I and passed. proceeded to consider the bill. ask unanimous consent that the Sen- Ms. MURKOWSKI. Mr. President, I f ate now proceed to the en bloc consid- ask unanimous consent that the bill be COMMEMORATING THE 40TH ANNI- eration of the following Senate resolu- considered read a third time and passed VERSARY OF THE SILICON VAL- tions, which were submitted earlier and the motion to reconsider be consid- LEY LEADERSHIP GROUP today: S. Res. 247, S. Res. 248, and S. ered made and laid upon the table. Ms. MURKOWSKI. Mr. President, I Res. 249. The PRESIDING OFFICER. Without ask unanimous consent that the Com- There being no objection, the Senate objection, it is so ordered. mittee on the Judiciary be discharged proceeded to consider the resolutions The bill (S. 1617) was ordered to be from further consideration of S. Res. en bloc. engrossed for a third reading, was read 209 and the Senate proceed to its imme- Ms. MURKOWSKI. Mr. President, I the third time, and passed, as follows: diate consideration. ask unanimous consent that the reso- S. 1617 The PRESIDING OFFICER. Without lutions be agreed to, the preambles be Be it enacted by the Senate and House of Rep- objection, it is so ordered. agreed to, and the motions to recon- resentatives of the United States of America in The clerk will report the resolution sider be considered made and laid upon Congress assembled, by title. the table, all en bloc. SECTION 1. SHORT TITLE. The senior assistant legislative clerk The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Javier Vega, read as follows: objection, it is so ordered. Jr. Memorial Act of 2017’’. A resolution (S. Res. 209) commemorating The resolutions were agreed to. SEC. 2. FINDINGS. the 40th Anniversary of the Silicon Valley The preambles were agreed to. Congress finds the following: Leadership Group, the preeminent public (The resolutions, with their pre- (1) A native of La Feria, Texas, Border Pa- policy trade association in Silicon Valley. ambles, are printed in today’s RECORD trol Agent Javier Vega, Jr., served his coun- There being no objection, the Senate under ‘‘Submitted Resolutions.’’) try first a member of the United States Ma- rines Corps and then proudly as a border pa- proceeded to consider the resolution. trol agent in the canine division with his Ms. MURKOWSKI. Mr. President, I f dog, Goldie. ask unanimous consent that the reso- (2) Agent Vega was assigned to the lution be agreed to, the preamble be MEASURE READ THE FIRST Kingsville, Texas, Border Patrol Station as a agreed to, and the motions to recon- TIME—S. 1757 canine handler and worked primarily at the sider be considered made and laid upon Ms. MURKOWSKI. Mr. President, I Sarita Border Patrol Checkpoint. the table with no intervening action or (3) On August 3, 2014, Agent Vega was on a understand there is a bill at the desk, debate. and I ask for its first reading. fishing trip with his family near The PRESIDING OFFICER. Without Raymondville, Texas, when 2 criminal aliens The PRESIDING OFFICER. The attempted to rob and attack them. objection, it is so ordered. clerk will read the bill by title for the (4) Agent Vega was shot and killed while The resolution (S. Res. 209) was first time. attempting to subdue the assailants and pro- agreed to. The senior assistant legislative clerk tecting his family. The preamble was agreed to. read as follows: (The resolution, with its preamble, is (5) Agent Vega is survived by his wife, par- A bill (S. 1757) to strengthen border ents, 3 sons, brother, sister-in-law, niece, and printed in the RECORD of June 28, 2017, security, increase resources for en- dog, Goldie. under ‘‘Submitted Resolutions.’’) forcement of immigration laws, and for SEC. 3. DESIGNATION. f The checkpoint of the United States Bor- other purposes. der Patrol located on United States Highway NATIONAL ESTUARIES WEEK Ms. MURKOWSKI. Mr. President, I 77 North in Sarita, Texas, shall be known Ms. MURKOWSKI. Mr. President, I now ask for a second reading and, in and designated as the ‘‘Javier Vega, Jr. Bor- ask unanimous consent that the Com- order to place the bill on the calendar der Patrol Checkpoint’’. mittee on the Judiciary be discharged under the provisions of rule XIV, I ob- SEC. 4. REFERENCES. from further consideration of S. Res. ject to my own request. Any reference in a law, map, regulation, 230 and the Senate proceed to its imme- The PRESIDING OFFICER. Objec- document, paper, or other record of the tion is heard. United States to the checkpoint described in diate consideration. The PRESIDING OFFICER. Without The bill will be read for the second section 3 shall be deemed to be a reference to time on the next legislative day. the ‘‘Javier Vega, Jr. Border Patrol Check- objection, it is so ordered. point’’. The clerk will report the resolution f f by title. The senior assistant legislative clerk REMOVING THE SUNSET PROVI- read as follows: APPOINTMENTS AUTHORITY SION OF SECTION 203 OF PUBLIC A resolution (S. Res. 230) designating the Ms. MURKOWSKI. Mr. President, I LAW 105–384 week of September 16 through September 23, ask unanimous consent that notwith- Ms. MURKOWSKI. Mr. President, I 2017, as ‘‘National Estuaries Week.’’ standing the upcoming adjournment of ask unanimous consent that the Sen- There being no objection, the Senate the Senate, the President of the Sen- ate proceed to the immediate consider- proceeded to consider the resolution. ate, the President pro tempore, and the

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00114 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.071 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE August 3, 2017 CONGRESSIONAL RECORD — SENATE S4895 majority and minority leaders be au- ment’’ and insert ‘‘research and develop- (2) work with representatives of foreign thorized to make appointments to comment, including through the establishment countries that contribute the most to the missions, committees, boards, con- of a prize competition,’’. global marine debris problem to learn about, The bill (S. 756), as amended, was or- and find solutions to, the contributions of ferences, or interparliamentary con- dered to be engrossed for a third read- such countries to marine debris in the ferences authorized by law, by concur- ing, was read the third time, and world’s oceans; rent action of the two Houses, or by passed, as follows: (3) carry out studies to determine— order of the Senate. (A) the primary means by which solid S. 756 The PRESIDING OFFICER. Without waste enters the oceans; objection, it is so ordered. Be it enacted by the Senate and House of Rep- (B) the manner in which waste manage- resentatives of the United States of America in f ment infrastructure can be most effective in Congress assembled, preventing debris from reaching the oceans; REPORTING AUTHORITY SECTION 1. SHORT TITLE. (C) the long-term economic impacts of ma- This Act may be cited as the ‘‘Save Our rine debris on the national economies of each Ms. MURKOWSKI. Mr. President, I Seas Act of 2017’’ or the ‘‘SOS Act of 2017’’. ask unanimous consent that notwith- country set out in paragraph (1) and on the SEC. 2. NOAA MARINE DEBRIS PROGRAM. global economy; and standing the Senate’s adjournment, Subsection (b) of section 3 of the Marine (D) the economic benefits of decreasing the committees be authorized to report Debris Act (33 U.S.C. 1952(b)) is amended— amount of marine debris in the oceans; legislative and executive matters on (1) in paragraph (4), by striking ‘‘and’’ at (4) work with representatives of foreign Friday, August 18, from 10 a.m. to 12 the end; countries that contribute the most to the p.m. (2) in paragraph (5)(C), by striking the pe- global marine debris problem, including riod at the end and inserting a semicolon; The PRESIDING OFFICER. Without land-based sources, to conclude one or more and new international agreements that include objection, it is so ordered. (3) by adding at the end the following: Ms. MURKOWSKI. Mr. President, I provisions— ‘‘(6) work with other Federal agencies to (A) to mitigate the risk of land-based ma- suggest the absence of a quorum. develop outreach and education strategies to rine debris contributed by such countries The PRESIDING OFFICER. The address both land- and sea-based sources of reaching an ocean; and clerk will call the roll. marine debris; and (B) to increase technical assistance and in- The senior assistant legislative clerk ‘‘(7) work with the Department of State vestment in waste management infrastruc- proceeded to call the roll. and other Federal agencies to promote inter- ture, if the President determines appro- Ms. MURKOWSKI. Mr. President, I national action to reduce the incidence of priate; and ask unanimous consent that the order marine debris.’’. (5) encourage the United States Trade Rep- SEC. 3. ASSISTANCE FOR SEVERE MARINE DE- for the quorum call be rescinded. resentative to consider the impact of marine BRIS EVENTS. debris in relevant future trade agreements. The PRESIDING OFFICER. Without Section 3 of the Marine Debris Act (33 objection, it is so ordered. U.S.C. 1952) is amended by adding at the end SEC. 5. MEMBERSHIP OF THE INTERAGENCY MA- RINE DEBRIS COORDINATING COM- f the following new subsection: MITTEE. ‘‘(d) ASSISTANCE FOR SEVERE MARINE DE- Section 5(b) of the Marine Debris Act (33 SAVE OUR SEAS ACT OF 2017 BRIS EVENTS.— U.S.C. 1954(b)) is amended— ‘‘(1) IN GENERAL.—At the discretion of the Ms. MURKOWSKI. Mr. President, I (1) in paragraph (4), by striking ‘‘; and’’ and Administrator or at the request of the Gov- ask unanimous consent that the Sen- inserting a semicolon; ernor of an affected State, the Administrator (2) by redesignating paragraph (5) as para- ate proceed to the immediate consider- shall determine whether there is a severe graph (7); and ation of Calendar No. 181, S. 756. marine debris event. (3) by inserting after paragraph (4) the fol- The PRESIDING OFFICER. The ‘‘(2) ASSISTANCE.—If the Administrator lowing: clerk will report the bill by title. makes a determination under paragraph (1) ‘‘(5) the Department of State; that there is a severe marine debris event, The senior assistant legislative clerk ‘‘(6) the Department of the Interior; and’’. read as follows: the Administrator is authorized to make sums available to be used by the affected SEC. 6. AUTHORIZATION OF APPROPRIATIONS. A bill (S. 756) to reauthorize and amend the State or by the Administrator in cooperation Section 9 of the Marine Debris Act (33 Marine Debris Act to promote international with the affected State— U.S.C. 1958) is amended to read as follows: action to reduce marine debris, and for other ‘‘(A) to assist in the cleanup and response ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. purposes. required by the severe marine debris event; ‘‘There are authorized to be appropriated There being no objection, the Senate or for each fiscal year 2018 through 2022— proceeded to consider the bill. ‘‘(B) to conduct such other activity as the ‘‘(1) to the Administrator for carrying out Ms. MURKOWSKI. Mr. President, I Administrator determines is appropriate in sections 3, 5, and 6, $10,000,000, of which no ask unanimous consent that the Sul- response to the severe marine debris event. more than 10 percent may be for administra- livan amendment at the desk be con- ‘‘(3) FUNDING.— tive costs; and sidered and agreed to, the bill, as ‘‘(A) FEDERAL SHARE.—The Federal share ‘‘(2) to the Secretary of the Department in amended, be considered read a third of the cost of an activity carried out under which the Coast Guard is operating, for the the authority of this subsection shall be— use of the Commandant of the Coast Guard time and passed, and the motion to re- ‘‘(i) if the activity is funded wholly by in carrying out section 4, $2,000,000, of which consider be considered made and laid funds made available by an entity, including no more than 10 percent may be used for ad- upon the table. the government of a foreign country, to the ministrative costs.’’. The PRESIDING OFFICER. Without Federal Government for the purpose of re- Ms. MURKOWSKI. Mr. President, I objection, it is so ordered. sponding to a severe marine debris event, 100 wish to take a brief detour and con- The amendment (No. 773) was agreed percent of the cost of the activity; or gratulate my colleague who has been to, as follows: ‘‘(ii) for any activity other than an activ- working aggressively as we worked to ity funded as described in clause (i), 75 per- (Purpose: To improve the bill) cent of the cost of the activity. address the issue of marine debris. This Beginning on page 3, strike line 3 and all ‘‘(B) LIMITATION ON ADMINISTRATIVE EX- is something on which, as members of that follows through page 3, line 23, and in- PENSES.—In the case of an activity funded as the Oceans Caucus, we have been work- sert the following: described in subparagraph (A)(i), not more ing with Senator SULLIVAN, Senator ‘‘(2) ASSISTANCE.—If the Administrator than 5 percent of the funds made available WHITEHOUSE, and so many. I want to makes a determination under paragraph (1) for the activity may be used by the Adminis- acknowledge the good work that has that there is a severe marine debris event, trator for administrative expenses.’’. gone into this particular piece of legis- the Administrator is authorized to make SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL sums available to be used by the affected ENGAGEMENT TO RESPOND TO MA- lation we have just passed. State or by the Administrator in cooperation RINE DEBRIS. f with the affected State— It is the sense of Congress that the Presi- ‘‘(A) to assist in the cleanup and response dent should— GLOBAL WAR ON TERRORISM WAR required by the severe marine debris event; (1) support research and development, in- MEMORIAL ACT or cluding through the establishment of a prize Ms. MURKOWSKI. Mr. President, I ‘‘(B) to conduct such other activity as the competition, of bio-based and other alter- Administrator determines is appropriate in natives or environmentally feasible improve- ask unanimous consent that the Sen- response to the severe marine debris event.’’. ments to materials that reduce municipal ate proceed to the immediate consider- On page 4, beginning on line 24, strike solid waste and its consequences in the ation of H.R. 873, which was received ‘‘Federal funding for research and develop- ocean; from the House.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00115 Fmt 0637 Sfmt 0634 E:\CR\FM\G03AU6.079 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE S4896 CONGRESSIONAL RECORD — SENATE August 3, 2017 The PRESIDING OFFICER. The fore the Senate, I ask unanimous con- SMALL BUSINESS ADMINISTRATION clerk will report the bill by title. sent that it stand adjourned under the ALTHEA COETZEE, OF VIRGINIA, TO BE DEPUTY ADMIN- The senior assistant legislative clerk previous order. ISTRATOR OF THE SMALL BUSINESS ADMINISTRATION. read as follows: There being no objection, the Senate, FEDERAL ENERGY REGULATORY COMMISSION A bill (H.R. 873) to authorize the Global at 7:01 p.m., adjourned until Friday, NEIL CHATTERJEE, OF KENTUCKY, TO BE A MEMBER OF THE FEDERAL ENERGY REGULATORY COMMISSION War on Terror Memorial Foundation to es- August 4, 2017, at 9:45 a.m. FOR THE TERM EXPIRING JUNE 30, 2021. tablish the National Global War on Ter- f ROBERT F. POWELSON, OF PENNSYLVANIA, TO BE A rorism Memorial as a commemorative work MEMBER OF THE FEDERAL ENERGY REGULATORY COM- MISSION FOR THE TERM EXPIRING JUNE 30, 2020. in the District of Columbia, and for other NOMINATIONS DEPARTMENT OF ENERGY purposes. Executive nominations received by DAN R. BROUILLETTE, OF TEXAS, TO BE DEPUTY SEC- There being no objection, the Senate the Senate: RETARY OF ENERGY. proceeded to consider the bill. UNITED STATES TAX COURT DEPARTMENT OF THE TREASURY Ms. MURKOWSKI. Mr. President, I ELIZABETH ANN COPELAND, OF TEXAS, TO BE A JUDGE DAVID MALPASS, OF NEW YORK, TO BE AN UNDER SEC- ask unanimous consent that the bill be OF THE UNITED STATES TAX COURT FOR A TERM OF FIF- RETARY OF THE TREASURY. considered read a third time and passed TEEN YEARS, VICE JAMES S. HALPERN, RETIRED. BRENT JAMES MCINTOSH, OF MICHIGAN, TO BE GEN- PATRICK J. URDA, OF INDIANA, TO BE A JUDGE OF THE ERAL COUNSEL FOR THE DEPARTMENT OF THE TREAS- and the motion to reconsider be consid- UNITED STATES TAX COURT FOR A TERM OF FIFTEEN URY. ered made and laid upon the table. YEARS, VICE DIANE L. KROUPA, RETIRED. ANDREW K. MALONEY, OF VIRGINIA, TO BE A DEPUTY UNDER SECRETARY OF THE TREASURY. The PRESIDING OFFICER. Without DEPARTMENT OF STATE EXECUTIVE OFFICE OF THE PRESIDENT objection, it is so ordered. RICHARD DUKE BUCHAN III, OF FLORIDA, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF VISHAL J. AMIN, OF MICHIGAN, TO BE INTELLECTUAL The bill (H.R. 873) was ordered to a THE UNITED STATES OF AMERICA TO THE KINGDOM OF PROPERTY ENFORCEMENT COORDINATOR, EXECUTIVE third reading, was read the third time, SPAIN, AND TO SERVE CONCURRENTLY AND WITHOUT OFFICE OF THE PRESIDENT. ADDITIONAL COMPENSATION AS AMBASSADOR EX- and passed. TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED NATIONAL TRANSPORTATION SAFETY BOARD STATES OF AMERICA TO ANDORRA. ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A f THOMAS J. HUSHEK, OF WISCONSIN, A CAREER MEM- MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BOARD FOR A TERM EXPIRING DECEMBER 31, 2021. ORDERS FOR FRIDAY, AUGUST 4, ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- 2017, THROUGH TUESDAY, SEP- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DEPARTMENT OF JUSTICE OF AMERICA TO THE REPUBLIC OF SOUTH SUDAN. TEMBER 5, 2017 STEPHEN ELLIOTT BOYD, OF ALABAMA, TO BE AN AS- DEPARTMENT OF JUSTICE SISTANT ATTORNEY GENERAL. Ms. MURKOWSKI. Mr. President, I SCOTT C. BLADER, OF WISCONSIN, TO BE UNITED COMMODITY FUTURES TRADING COMMISSION ask unanimous consent that when the STATES ATTORNEY FOR THE WESTERN DISTRICT OF Senate completes its business today, it WISCONSIN FOR THE TERM OF FOUR YEARS, VICE JOHN J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE W. VAUDREUIL, RESIGNED. CHAIRMAN OF THE COMMODITY FUTURES TRADING COM- adjourn to then convene for pro forma MISSION. THE JUDICIARY sessions only, with no business being DEPARTMENT OF HOMELAND SECURITY MICHAEL B. BRENNAN, OF WISCONSIN, TO BE UNITED conducted, on the following dates and STATES CIRCUIT JUDGE FOR THE SEVENTH CIRCUIT, CLAIRE M. GRADY, OF PENNSYLVANIA, TO BE UNDER times, and that following each pro VICE TERENCE T. EVANS, DECEASED. SECRETARY FOR MANAGEMENT, DEPARTMENT OF DONALD C. COGGINS, JR., OF SOUTH CAROLINA, TO BE HOMELAND SECURITY. forma session, the Senate adjourn until UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF DAVID JAMES GLAWE, OF IOWA, TO BE UNDER SEC- the next pro forma session: Friday, Au- SOUTH CAROLINA, VICE JOSEPH F. ANDERSON, JR., RE- RETARY FOR INTELLIGENCE AND ANALYSIS, DEPART- MENT OF HOMELAND SECURITY. gust 4, at 9:45 a.m.; Tuesday, August 8, TIRED. TERRY A. DOUGHTY, OF LOUISIANA, TO BE UNITED UNITED STATES AGENCY FOR INTERNATIONAL at 12:30 p.m.; Friday, August 11, at 3:30 STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT DEVELOPMENT p.m.; Tuesday, August 15, at 4:30 p.m.; OF LOUISIANA, VICE ROBERT G. JAMES, RETIRED. DEPARTMENT OF JUSTICE MARK ANDREW GREEN, OF WISCONSIN, TO BE ADMINIS- Friday, August 18, at 10 a.m.; Tuesday, TRATOR OF THE UNITED STATES AGENCY FOR INTER- August 22, at 7 a.m.; Friday, August 25, ROBERT M. DUNCAN, JR., OF KENTUCKY, TO BE UNITED NATIONAL DEVELOPMENT. STATES ATTORNEY FOR THE EASTERN DISTRICT OF at 11:30 a.m.; Tuesday, August 29, at KENTUCKY FOR THE TERM OF FOUR YEARS, VICE KERRY DEPARTMENT OF HOMELAND SECURITY 2:30 p.m.; Friday, September 1, at 3 B. HARVEY, RESIGNED. DAVID P. PEKOSKE, OF MARYLAND, TO BE AN ASSIST- p.m. I further ask that when the Sen- THE JUDICIARY ANT SECRETARY OF HOMELAND SECURITY. DEPARTMENT OF JUSTICE ate adjourns on Friday, September 1, it LEONARD STEVEN GRASZ, OF NEBRASKA, TO BE next convene at 3 p.m., Tuesday, Sep- UNITED STATES CIRCUIT JUDGE FOR THE EIGHTH CIR- BETH ANN WILLIAMS, OF NEW JERSEY, TO BE AN AS- CUIT, VICE WILLIAM JAY RILEY, RETIRED. SISTANT ATTORNEY GENERAL. tember 5; that following the prayer and MICHAEL JOSEPH JUNEAU, OF LOUISIANA, TO BE JOHN W. HUBER, OF UTAH, TO BE UNITED STATES AT- pledge, the morning hour be deemed UNITED STATES DISTRICT JUDGE FOR THE WESTERN TORNEY FOR THE DISTRICT OF UTAH FOR THE TERM OF DISTRICT OF LOUISIANA, VICE RICHARD HAIK, SR., RE- FOUR YEARS. expired, the Journal of proceedings be TIRED. JUSTIN E. HERDMAN, OF OHIO, TO BE UNITED STATES approved to date, and the time for the DEPARTMENT OF JUSTICE ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO FOR THE TERM OF FOUR YEARS. two leaders be reserved for their use JOHN R. LAUSCH, JR., OF ILLINOIS, TO BE UNITED JOHN E. TOWN, OF ALABAMA, TO BE UNITED STATES later in the day; further, that following STATES ATTORNEY FOR THE NORTHERN DISTRICT OF IL- ATTORNEY FOR THE NORTHERN DISTRICT OF ALABAMA leader remarks, the Senate be in a pe- LINOIS FOR THE TERM OF FOUR YEARS, VICE ZACHARY FOR THE TERM OF FOUR YEARS. T. FARDON, RESIGNED. DEPARTMENT OF THE TREASURY riod of morning business, with Sen- J. DOUGLAS OVERBEY, OF TENNESSEE, TO BE UNITED ators permitted to speak therein for up STATES ATTORNEY FOR THE EASTERN DISTRICT OF DAVID J. KAUTTER, OF VIRGINIA, TO BE AN ASSISTANT TENNESSEE FOR THE TERM OF FOUR YEARS, VICE WIL- SECRETARY OF THE TREASURY. to 10 minutes each until 5 p.m.; finally, LIAM C. KILLIAN, RESIGNED. CHARLES E. PEELER, OF GEORGIA, TO BE UNITED DEPARTMENT OF VETERANS AFFAIRS that at 5 p.m., the Senate proceed to STATES ATTORNEY FOR THE MIDDLE DISTRICT OF BROOKS D. TUCKER, OF MARYLAND, TO BE AN ASSIST- GEORGIA FOR THE TERM OF FOUR YEARS, VICE MICHAEL executive session under the previous ANT SECRETARY OF VETERANS AFFAIRS (CONGRES- J. MOORE, RESIGNED. SIONAL AND LEGISLATIVE AFFAIRS). order. WILLIAM J. POWELL, OF WEST VIRGINIA, TO BE UNITED The PRESIDING OFFICER. Without STATES ATTORNEY FOR THE NORTHERN DISTRICT OF THE JUDICIARY WEST VIRGINIA FOR THE TERM OF FOUR YEARS, VICE objection, it is so ordered. WILLIAM J. IHLENFELD II, RESIGNED. MICHAEL P. ALLEN, OF FLORIDA, TO BE A JUDGE OF Ms. MURKOWSKI. Mr. President, I THE UNITED STATES COURT OF APPEALS FOR VET- THE JUDICIARY ERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS. suggest the absence of a quorum. AMANDA L. MEREDITH, OF VIRGINIA, TO BE A JUDGE A. MARVIN QUATTLEBAUM, JR., OF SOUTH CAROLINA, OF THE UNITED STATES COURT OF APPEALS FOR VET- The PRESIDING OFFICER. The TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- ERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS. TRICT OF SOUTH CAROLINA, VICE CAMERON MCGOWAN clerk will call the roll. JOSEPH L. TOTH, OF WISCONSIN, TO BE A JUDGE OF CURRIE, RETIRED. THE UNITED STATES COURT OF APPEALS FOR VET- The legislative clerk proceeded to HOLLY LOU TEETER, OF KANSAS, TO BE UNITED ERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS. call the roll. STATES DISTRICT JUDGE FOR THE DISTRICT OF KANSAS, VICE KATHRYN VRATIL, RETIRED. DEPARTMENT OF VETERANS AFFAIRS Ms. MURKOWSKI. Mr. President, I ROBERT EARL WIER, OF KENTUCKY, TO BE UNITED ask unanimous consent that the order STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT THOMAS G. BOWMAN, OF FLORIDA, TO BE DEPUTY SEC- OF KENTUCKY, VICE AMUL R. THAPAR, ELEVATED. RETARY OF VETERANS AFFAIRS. for the quorum call be rescinded. JAMES BYRNE, OF VIRGINIA, TO BE GENERAL COUN- The PRESIDING OFFICER. Without f SEL, DEPARTMENT OF VETERANS AFFAIRS. objection, it is so ordered. CONFIRMATIONS OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE f Executive nominations confirmed by SUSAN M. GORDON, OF VIRGINIA, TO BE PRINCIPAL ADJOURNMENT UNTIL 9:45 A.M. the Senate August 3, 2017: DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE. TOMORROW DEPARTMENT OF COMMERCE DEPARTMENT OF STATE Ms. MURKOWSKI. Mr. President, if MIRA RADIELOVIC RICARDEL, OF CALIFORNIA, TO BE KELLY KNIGHT CRAFT, OF KENTUCKY, TO BE AMBAS- UNDER SECRETARY OF COMMERCE FOR EXPORT ADMIN- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF there is no further business to come be- ISTRATION. THE UNITED STATES OF AMERICA TO CANADA.

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SHARON DAY, OF FLORIDA, TO BE AMBASSADOR EX- OCCUPATIONAL SAFETY AND HEALTH REVIEW COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STATES OF AMERICA TO THE REPUBLIC OF COSTA RICA. COMMISSION TO THE REPUBLIC OF SIERRA LEONE. NATHAN ALEXANDER SALES, OF OHIO, TO BE COORDI- JAMES J. SULLIVAN, JR., OF PENNSYLVANIA, TO BE A JOHN P. DESROCHER, OF NEW YORK, A CAREER MEM- NATOR FOR COUNTERTERRORISM, WITH THE RANK AND MEMBER OF THE OCCUPATIONAL SAFETY AND HEALTH BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- STATUS OF AMBASSADOR AT LARGE. REVIEW COMMISSION FOR A TERM EXPIRING APRIL 27, ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES GEORGE EDWARD GLASS, OF OREGON, TO BE AMBAS- 2021. OF AMERICA TO THE PEOPLE’S DEMOCRATIC REPUBLIC SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF HEATHER L. MACDOUGALL, OF FLORIDA, TO BE A MEM- OF ALGERIA. THE UNITED STATES OF AMERICA TO THE PORTUGUESE BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- REPUBLIC. VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2023. IN THE ARMY ROBERT WOOD JOHNSON IV, OF NEW YORK, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES ARMY NOMINATION OF DAMIAN R. TONG, TO BE MAJOR. THE UNITED STATES OF AMERICA TO THE UNITED KING- ARMY NOMINATIONS BEGINNING WITH DENNIS ARROYO DOM OF GREAT BRITAIN AND NORTHERN IRELAND. ELINORE F. MCCANCE–KATZ, OF RHODE ISLAND, TO BE AND ENDING WITH BRIAN P. WEBER, WHICH NOMINA- LUIS E. ARREAGA, OF VIRGINIA, A CAREER MEMBER OF ASSISTANT SECRETARY FOR MENTAL HEALTH AND SUB- TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– STANCE USE, DEPARTMENT OF HEALTH AND HUMAN IN THE CONGRESSIONAL RECORD ON JULY 27, 2017. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SERVICES. ARMY NOMINATIONS BEGINNING WITH MURRAY E. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA LANCE ALLEN ROBERTSON, OF OKLAHOMA, TO BE AS- CARLOCK AND ENDING WITH CARLOS V. SILVA, WHICH TO THE REPUBLIC OF GUATEMALA. SISTANT SECRETARY FOR AGING, DEPARTMENT OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- KRISHNA R. URS, OF CONNECTICUT, A CAREER MEMBER HEALTH AND HUMAN SERVICES. PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– PUBLIC HEALTH SERVICE 2017. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ARMY NOMINATIONS BEGINNING WITH ALON S. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JEROME M. ADAMS, OF INDIANA, TO BE MEDICAL DI- AHARON AND ENDING WITH EDWIN A. WYMER, WHICH TO THE REPUBLIC OF PERU. RECTOR IN THE REGULAR CORPS OF THE PUBLIC NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- KAY BAILEY HUTCHISON, OF TEXAS, TO BE UNITED HEALTH SERVICE, SUBJECT TO QUALIFICATIONS THERE- PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, STATES PERMANENT REPRESENTATIVE ON THE COUN- FOR AS PROVIDED BY LAW AND REGULATIONS, AND TO 2017. CIL OF THE NORTH ATLANTIC TREATY ORGANIZATION , BE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE ARMY NOMINATIONS BEGINNING WITH JULIA R. WITH THE RANK AND STATUS OF AMBASSADOR EX- FOR A TERM OF FOUR YEARS. PLEVNIA AND ENDING WITH HAL E. VINEYARD, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TRAORDINARY AND PLENIPOTENTIARY. DEPARTMENT OF HEALTH AND HUMAN SERVICES LEWIS M. EISENBERG, OF FLORIDA, TO BE AMBAS- PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, 2017. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF ROBERT P. KADLEC, OF NEW YORK, TO BE MEDICAL DI- ARMY NOMINATIONS BEGINNING WITH TRESSA D. THE UNITED STATES OF AMERICA TO THE ITALIAN RE- RECTOR IN THE REGULAR CORPS OF THE PUBLIC COCHRAN AND ENDING WITH KAREN F. WIGGINS, WHICH PUBLIC, AND TO SERVE CONCURRENTLY AND WITHOUT HEALTH SERVICE, SUBJECT TO QUALIFICATIONS THERE- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADDITIONAL COMPENSATION AS AMBASSADOR EX- FOR AS PROVIDED BY LAW AND REGULATIONS, AND TO PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED BE ASSISTANT SECRETARY FOR PREPAREDNESS AND 2017. STATES OF AMERICA TO THE REPUBLIC OF SAN MARINO. RESPONSE, DEPARTMENT OF HEALTH AND HUMAN SERV- ARMY NOMINATIONS BEGINNING WITH LOREN D. ICES. OVERSEAS PRIVATE INVESTMENT CORPORATION ADAMS AND ENDING WITH PHILIP A. WENTZ, WHICH COMMODITY FUTURES TRADING COMMISSION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RAY WASHBURNE, OF TEXAS, TO BE PRESIDENT OF PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, THE OVERSEAS PRIVATE INVESTMENT CORPORATION. BRIAN D. QUINTENZ, OF OHIO, TO BE A COMMISSIONER 2017. DEPARTMENT OF STATE OF THE COMMODITY FUTURES TRADING COMMISSION ARMY NOMINATIONS BEGINNING WITH JOANNE E. FOR A TERM EXPIRING APRIL 13, 2020. ARSENAULT AND ENDING WITH FELISHA L. RHODES, KELLEY ECKELS CURRIE, OF GEORGIA, TO BE REP- ROSTIN BEHNAM, OF NEW JERSEY, TO BE A COMMIS- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RESENTATIVE OF THE UNITED STATES OF AMERICA ON SIONER OF THE COMMODITY FUTURES TRADING COMMIS- AND APPEARED IN THE CONGRESSIONAL RECORD ON THE ECONOMIC AND SOCIAL COUNCIL OF THE UNITED NA- SION FOR A TERM EXPIRING JUNE 19, 2021. JULY 27, 2017. TIONS, WITH THE RANK OF AMBASSADOR. ARMY NOMINATIONS BEGINNING WITH MICHAEL E. IN THE AIR FORCE ALVIS AND ENDING WITH JEFFREY P. WOOD, WHICH UNITED NATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, KELLEY ECKELS CURRIE, OF GEORGIA, TO BE AN AL- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 2017. TERNATE REPRESENTATIVE OF THE UNITED STATES OF CATED UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH JOHN W. AL- AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY To be major general DRIDGE AND ENDING WITH PHILIP E. ZAPANTA, WHICH OF THE UNITED NATIONS, DURING HER TENURE OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SERVICE AS REPRESENTATIVE OF THE UNITED STATES BRIG. GEN. MARK D. CAMERER PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, OF AMERICA ON THE ECONOMIC AND SOCIAL COUNCIL OF 2017. THE UNITED NATIONS. IN THE NAVY ARMY NOMINATIONS BEGINNING WITH SCOTT R. DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHEEVER AND ENDING WITH DIANA E. ZSCHASCHEL, IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CARL C. RISCH, OF PENNSYLVANIA, TO BE AN ASSIST- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND APPEARED IN THE CONGRESSIONAL RECORD ON ANT SECRETARY OF STATE (CONSULAR AFFAIRS). RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JULY 27, 2017. ARMY NOMINATIONS BEGINNING WITH EDWARD J. DEPARTMENT OF COMMERCE To be vice admiral ALEXANDER AND ENDING WITH BRIDGET C. WOLFE, RICHARD ASHOOH, OF NEW HAMPSHIRE, TO BE AN AS- REAR ADM. DEWOLFE H. MILLER III WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SISTANT SECRETARY OF COMMERCE. AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JULY 27, 2017. DEPARTMENT OF HOUSING AND URBAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH ROBIN CREAR DEVELOPMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND ENDING WITH NEIL P. WOODS, WHICH NOMINATIONS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WERE RECEIVED BY THE SENATE AND APPEARED IN THE NEAL J. RACKLEFF, OF TEXAS, TO BE AN ASSISTANT To be vice admiral CONGRESSIONAL RECORD ON JULY 27, 2017. SECRETARY OF THE DEPARTMENT OF HOUSING AND ARMY NOMINATIONS BEGINNING WITH ERIC W. BUL- URBAN DEVELOPMENT. REAR ADM. JOHN D. ALEXANDER LOCK AND ENDING WITH CRYSTAL R. ROMAY, WHICH ANNA MARIA FARIAS, OF TEXAS, TO BE AN ASSISTANT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF HOUSING AND URBAN DEVELOPMENT. PEARED IN THE CONGRESSIONAL RECORD ON JULY 27, IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2017. DEPARTMENT OF THE TREASURY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE NAVY CHRISTOPHER CAMPBELL, OF CALIFORNIA, TO BE AN ASSISTANT SECRETARY OF THE TREASURY. To be vice admiral NAVY NOMINATIONS BEGINNING WITH BETTY S. ALEX- ANDER AND ENDING WITH JAMES S. ZMIJSKI, WHICH VICE ADM. JOHN C. AQUILINO OVERSEAS PRIVATE INVESTMENT CORPORATION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DAVID STEELE BOHIGIAN, OF MISSOURI, TO BE EXECU- IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, TIVE VICE PRESIDENT OF THE OVERSEAS PRIVATE IN- 2017. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VESTMENT CORPORATION. NAVY NOMINATIONS BEGINNING WITH DOMINIC J. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ANTENUCCI AND ENDING WITH MATTHEW J. WOOTEN, DEPARTMENT OF COMMERCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON KAREN DUNN KELLEY, OF PENNSYLVANIA, TO BE JULY 20, 2017. UNDER SECRETARY OF COMMERCE FOR ECONOMIC AF- To be lieutenant general NAVY NOMINATIONS BEGINNING WITH CLEMIA ANDER- FAIRS. LT. GEN. ROBERT P. ASHLEY, JR. SON AND ENDING WITH MICHAEL A. ZUNDEL, WHICH ELIZABETH ERIN WALSH, OF THE DISTRICT OF COLUM- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BIA, TO BE ASSISTANT SECRETARY OF COMMERCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, DIRECTOR GENERAL OF THE UNITED STATES AND FOR- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- 2017. EIGN COMMERCIAL SERVICE. CATED UNDER TITLE 10, U.S.C., SECTION 12203: NAVY NOMINATIONS BEGINNING WITH ERIC F. BAUMAN FEDERAL COMMUNICATIONS COMMISSION To be major general AND ENDING WITH EVAN R. WHITBECK, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED JESSICA ROSENWORCEL, OF CONNECTICUT, TO BE A BRIG. GEN. DARRELL J. GUTHRIE IN THE CONGRESSIONAL RECORD ON JULY 20, 2017. MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING WITH THOMAS B. SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2015. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- ABLEMAN AND ENDING WITH BRUCE A. YEE, WHICH DEPARTMENT OF TRANSPORTATION CATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, MARK H. BUZBY, OF VIRGINIA, TO BE ADMINISTRATOR To be brigadier general 2017. OF THE MARITIME ADMINISTRATION. COL. BRIAN E. MILLER NAVY NOMINATIONS BEGINNING WITH ERIC W. HASS AND ENDING WITH GAIL M . MULLEAVY, WHICH NOMINA- DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 20, 2017. PETER B. DAVIDSON, OF VIRGINIA, TO BE GENERAL MICHAEL PLATT, JR., OF ARKANSAS, TO BE AN ASSIST- COUNSEL OF THE DEPARTMENT OF COMMERCE. NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER L. ANT SECRETARY OF COMMERCE. ALMOND AND ENDING WITH DANIEL W. WALL, WHICH NATIONAL TRANSPORTATION SAFETY BOARD DEPARTMENT OF STATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE MICHAEL ARTHUR RAYNOR, OF MARYLAND, A CAREER 2017. CHAIRMAN OF THE NATIONAL TRANSPORTATION SAFE- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF NAVY NOMINATIONS BEGINNING WITH ROBERT E. TY BOARD FOR A TERM OF TWO YEARS. MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- BRADSHAW AND ENDING WITH LEROY C. YOUNG, WHICH FEDERAL COMMUNICATIONS COMMISSION DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- OF AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, BRENDAN CARR, OF VIRGINIA, TO BE A MEMBER OF OF ETHIOPIA. 2017. THE FEDERAL COMMUNICATIONS COMMISSION FOR THE MARIA E. BREWER, OF INDIANA, A CAREER MEMBER OF NAVY NOMINATIONS BEGINNING WITH THOMAS E. AR- REMAINDER OF THE TERM EXPIRING JUNE 30, 2018. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– NOLD AND ENDING WITH MICHAEL P. YUNKER, WHICH

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NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH ANDREW B. DEPARTMENT OF EDUCATION PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, BRIDGFORTH AND ENDING WITH RONALD J. MITCHELL, 2017. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PETER LOUIS OPPENHEIM, OF MARYLAND, TO BE AS- NAVY NOMINATION OF CLAIR E. SMITH, TO BE LIEU- AND APPEARED IN THE CONGRESSIONAL RECORD ON SISTANT SECRETARY FOR LEGISLATION AND CONGRES- TENANT COMMANDER. JULY 25, 2017. SIONAL AFFAIRS, DEPARTMENT OF EDUCATION. NAVY NOMINATION OF MORGAN E. MCCLELLAN, TO BE LIEUTENANT COMMANDER.

VerDate Sep 11 2014 08:22 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00118 Fmt 0637 Sfmt 9801 E:\CR\FM\A03AU6.046 S03AUPT1 dlhill on DSKBC4BHB2PROD with SENATE Thursday, August 3, 2017 Daily Digest Senate Alexander (for Manchin) Amendment No. 752, in Chamber Action the nature of a substitute. Page S4787 Routine Proceedings, pages S4781–S4898 BENEFIT Act: Committee on Health, Education, Measures Introduced: Twenty-nine bills and five Labor, and Pensions was discharged from further resolutions were introduced, as follows: S. consideration of S. 1052, to strengthen the use of 1732–1760, and S. Res. 245–249. Pages S4827–28 patient-experience data within the benefit-risk Measures Reported: framework for approval of new drugs, and the bill S. 1359, to amend the John F. Kennedy Center was then passed. Pages S4787–88 Act to authorize appropriations for the John F. Ken- Trickett Wendler Right to Try Act: Committee nedy Center for the Performing Arts. (S. Rept. No. on Health, Education, Labor, and Pensions was dis- 115–144) charged from further consideration of S. 204, to au- S. 1057, to amend the Harmful Algal Bloom and thorize the use of unapproved medical products by Hypoxia Research and Control Act of 1998 to ad- patients diagnosed with a terminal illness in accord- dress harmful algal blooms, with an amendment in ance with State law, and the bill was then passed, the nature of a substitute. (S. Rept. No. 115–145) after agreeing to the following amendment proposed S. 870, to amend title XVIII of the Social Secu- thereto: Pages S4788–89 rity Act to implement Medicare payment policies Johnson Amendment No. 753, in the nature of a designed to improve management of chronic disease, substitute. Pages S4788–89 streamline care coordination, and improve quality FDA Reauthorization Act: By 94 yeas to 1 nay outcomes without adding to the deficit, with an (Vote No. 187), Senate passed H.R. 2430, to amend amendment in the nature of a substitute. (S. Rept. the Federal Food, Drug, and Cosmetic Act to revise No. 115–146) and extend the user-fee programs for prescription S. 1393, to streamline the process by which active drugs, medical devices, generic drugs, and biosimilar duty military, reservists, and veterans receive com- biological products, after agreeing to the motion to mercial driver’s licenses. proceed. Pages S4782–87, S4792–93 S. 1532, to disqualify from operating a commer- During consideration of this measure today, Senate cial motor vehicle for life an individual who uses a also took the following action: commercial motor vehicle in committing a felony in- By 96 yeas to 1 nay (Vote No. 185), three-fifths volving human trafficking. of those Senators duly chosen and sworn, having S. 1536, to designate a human trafficking preven- voted in the affirmative, Senate agreed to the motion tion coordinator and to expand the scope of activities to close further debate on the motion to proceed to authorized under the Federal Motor Carrier Safety consideration of the bill. Page S4787 Administration’s outreach and education program to Bob Dole Congressional Gold Medal: Committee include human trafficking prevention activities, with on Banking, Housing, and Urban Affairs was dis- an amendment in the nature of a substitute. charged from further consideration of S. 1616, to Page S4826 award the Congressional Gold Medal to Bob Dole, Measures Passed: in recognition for his service to the nation as a sol- Jessie’s Law: Committee on Health, Education, dier, legislator, and statesman, and the bill was then Labor, and Pensions was discharged from further passed. Pages S4804–06 consideration of S. 581, to include information con- Private Corrado Piccoli Purple Heart Preserva- cerning a patient’s opioid addiction in certain med- tion Act: Committee on the Judiciary was discharged ical records, and the bill was then passed, after from further consideration of S. 765, to amend title agreeing to the following amendment proposed 18, United States Code, to provide for penalties for thereto: Page S4787 the sale of any Purple Heart awarded to a member D883

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of the Armed Forces, and the bill was then passed, charge cards, after agreeing to the following amend- after agreeing to the following amendment proposed ment proposed thereto: Pages S4891–92 thereto: Page S4806 Murkowski (for Carper) Amendment No. 771, to Perdue Amendment No. 767, in the nature of a make a technical correction. Pages S4891–92 substitute. Page S4806 Honoring the Nation’s First Responders Day: MOBILE NOW Act: Senate passed S. 19, to pro- Senate agreed to S. Con. Res. 15, expressing support vide opportunities for broadband investment, after for the designation of October 28, 2017, as ‘‘Hon- agreeing to the committee amendment in the nature oring the Nation’s First Responders Day’’, after of a substitute. Pages S4810–15 agreeing to the committee amendment. Page S4892 Improving Rural Call Quality and Reliability Bridge Construction in Christian County, Mis- Act: Senate passed S. 96, to amend the Communica- souri: Senate passed S. 810, to facilitate construction tions Act of 1934 to ensure the integrity of voice of a bridge on certain property in Christian County, communications and to prevent unjust or unreason- Missouri, after agreeing to the committee amend- able discrimination among areas of the United States ment in the nature of a substitute. Pages S4892–93 in the delivery of such communications. The American Legion 100th Anniversary Com- Pages S4815–16 memorative Coin Act: Committee on Banking, Federal Communications Commission Consoli- Housing, and Urban Affairs was discharged from dated Reporting Act: Senate passed S. 174, to further consideration of S. 1182, to require the Sec- amend the Communications Act of 1934 to consoli- retary of the Treasury to mint commemorative coins date the reporting obligations of the Federal Com- in recognition of the 100th anniversary of The munications Commission in order to improve con- American Legion, and the bill was then passed, after gressional oversight and reduce reporting burdens. agreeing to the following amendment proposed Pages S4893–94 Pages S4816–17 thereto: Murkowski (for Young) Amendment No. 772, of Spoofing Prevention Act: Senate passed S. 134, to a perfecting nature. Pages S4893–94 expand the prohibition on misleading or inaccurate caller identification information, after agreeing to Javier Vega, Jr. Memorial Act: Committee on the committee amendment in the nature of a sub- Homeland Security and Governmental Affairs was discharged from further consideration of S. 1617, to stitute. Pages S4717–18 designate the checkpoint of the United States Border Kari’s Law Act: Senate passed S. 123, to amend Patrol located on United States Highway 77 North the Communications Act of 1934 to require multi- in Sarita, Texas, as the ‘‘Javier Vega, Jr. Border Pa- line telephone systems to have a default configura- trol Checkpoint’’, and the bill was then passed. tion that permits users to directly initiate a call to Page S4894 9–1–1 without dialing any additional digit, code, Removing the Sunset Provision of Public Law prefix, or post-fix. Pages S4818–19 105–384: Senate passed H.R. 374, to remove the DIGIT Act: Senate passed S. 88, to ensure appro- sunset provision of section 203 of Public Law priate spectrum planning and interagency coordina- 105–384. Page S4894 tion to support the Internet of Things, after agreeing Silicon Valley Leadership Group 40th Anniver- to the following amendment proposed thereto: sary: Committee on the Judiciary was discharged Page S4819 from further consideration of S. Res. 209, com- Wicker (for Fischer) Amendment No. 769, in the memorating the 40th Anniversary of the Silicon Val- nature of substitute. Page S4819 ley Leadership Group, the preeminent public policy Women, Peace, and Security Act: Senate passed trade association in Silicon Valley, and the resolution S. 1141, to ensure that the United States promotes was then agreed to. Page S4894 the meaningful participation of women in mediation National Estuaries Week: Committee on the Ju- and negotiation processes seeking to prevent, miti- diciary was discharged from further consideration of gate, or resolve violent conflict. Pages S4890–91 S. Res. 230, designating the week of September 16 Saving Federal Dollars Through Better Use of through September 23, 2017, as ‘‘National Estuaries Government Purchase and Travel Cards Act: Sen- Week’’, and the resolution was then agreed to. ate passed S. 1099, to provide for the identification Pages S4894–95 and prevention of improper payments and the identi- Paralympic and Adaptive Sport Day: Senate fication of strategic sourcing opportunities by re- agreed to S. Res. 247, designating July 29, 2017, as viewing and analyzing the use of Federal agency ‘‘Paralympic and Adaptive Sport Day’’. Page S4895

VerDate Sep 11 2014 07:57 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU7.REC D03AUPT1 dlhill on DSKBC4BHB2PROD with DIGEST August 3, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D885 American Grown Flower Month: Senate agreed Authority for Committees—Agreement: A unani- to S. Res. 248, expressing the sense of the Senate mous-consent agreement was reached providing that, that flowers grown in the United States support the notwithstanding the Senate’s adjournment, commit- farmers, small businesses, jobs, and economy of the tees be authorized to report legislative and executive United States, that flower farming is an honorable matters on Friday, August 18, 2017, from 10 a.m. vocation, and designating July as ‘‘American Grown until 12 noon. Page S4895 Flower Month’’. Page S4895 Pro Forma Sessions—Agreement: A unanimous- National Child Awareness Month: Senate agreed consent agreement was reached providing that the to S. Res. 249, designating September 2017 as ‘‘Na- Senate adjourn, to then convene for pro forma ses- tional Child Awareness Month’’ to promote aware- sions only, with no business being conducted on the ness of charities that benefit children and youth-serv- following dates and times, and that following each ing organizations throughout the United States and pro forma session, the Senate adjourn until the next recognizing the efforts made by those charities and pro forma session: Friday, August 4, 2017 at 9:45 organizations on behalf of children and youth as crit- a.m.; Tuesday, August 8, 2017 at 12:30 p.m.; Fri- ical contributions to the future of the United States. day, August 11, 2017 at 3:30 p.m.; Tuesday, Au- Page S4895 gust 15, 2017 at 4:30 p.m.; Friday, August 18, SOS Act: Senate passed S. 756, to reauthorize and 2017 at 10 a.m.; Tuesday, August 22, 2017 at 7 amend the Marine Debris Act to promote inter- a.m.; Friday, August 25, 2017 at 11:30 a.m.; Tues- national action to reduce marine debris, after agree- day, August 29, 2017 at 2:30 p.m.; Friday, Sep- ing to the following amendment proposed thereto: tember 1, 2017 at 3 p.m.; and that when the Senate adjourns on Friday, September 1, 2017, it next con- Pages S4895–96 vene at 3 p.m., on Tuesday, September 5, 2017. Murkowski (for Sullivan) Amendment No. 773, relative to severe marine debris events. Page S4896 Pages S4895–96 Kelly Nomination—Agreement: A unanimous- consent-time agreement was reached providing that Global War on Terrorism War Memorial Act: at 5 p.m., on Tuesday, September 5, 2017, Senate Senate passed H.R. 873, to authorize the Global begin consideration of the nomination of Timothy J. War on Terror Memorial Foundation to establish the Kelly, of the District of Columbia, to be United National Global War on Terrorism Memorial as a States District Judge for the District of Columbia; commemorative work in the District of Columbia. that there be 30 minutes of debate on the nomina- Page S4896 tion, equally divided in the usual form, and that fol- Washington Metrorail Safety Commission— lowing the use or yielding back of time, Senate vote Agreement: A unanimous consent agreement was on confirmation of the nomination, with no inter- reached providing that if the Senate receives H.J. vening action or debate. Page S4806 Res. 76, granting the consent and approval of Con- Nominations Confirmed: Senate confirmed the fol- gress for the Commonwealth of Virginia, the State lowing nominations: of Maryland, and the District of Columbia to enter By 79 yeas to 17 nays (Vote No. EX. 186), Dan into a compact relating to the establishment of the R. Brouillette, of Texas, to be Deputy Secretary of Washington Metrorail Safety Commission, from the Energy. Pages S4789–92 House, and if the text of H.J. Res. 76 is identical Brooks D. Tucker, of Maryland, to be an Assistant to the text at the desk, that the joint resolution be Secretary of Veterans Affairs (Congressional and Leg- considered passed, the preamble be considered agreed islative Affairs). to, and the motions to reconsider be considered Michael P. Allen, of Florida, to be a Judge of the made and laid upon the table with no intervening United States Court of Appeals for Veterans Claims action or debate. Page S4806 for the term of fifteen years. Authorizing Leadership to Make Appoint- Amanda L. Meredith, of Virginia, to be a Judge ments—Agreement: A unanimous-consent agree- of the United States Court of Appeals for Veterans ment was reached providing that, notwithstanding Claims for the term of fifteen years. the upcoming adjournment of the Senate, the Presi- Joseph L. Toth, of Wisconsin, to be a Judge of dent of the Senate, the President Pro Tempore, and the United States Court of Appeals for Veterans the Majority and Minority Leaders be authorized to Claims for the term of fifteen years. make appointments to commissions, committees, Thomas G. Bowman, of Florida, to be Deputy boards, conferences, or interparliamentary conferences Secretary of Veterans Affairs. authorized by law, by concurrent action of the two James Byrne, of Virginia, to be General Counsel, Houses, or by order of the Senate. Page S4895 Department of Veterans Affairs. Page S4796

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David Malpass, of New York, to be an Under Sec- George Edward Glass, of Oregon, to be Ambas- retary of the Treasury. sador to the Portuguese Republic. Brent James McIntosh, of Michigan, to be General Robert Wood Johnson IV, of New York, to be Counsel for the Department of the Treasury. Ambassador to the United Kingdom of Great Brit- Andrew K. Maloney, of Virginia, to be a Deputy ain and Northern Ireland. Under Secretary of the Treasury. Luis E. Arreaga, of Virginia, to be Ambassador to David J. Kautter, of Virginia, to be an Assistant the Republic of Guatemala. Secretary of the Treasury. Krishna R. Urs, of Connecticut, to be Ambassador Christopher Campbell, of California, to be an As- to the Republic of Peru. sistant Secretary of the Treasury. Page S4796 Kay Bailey Hutchison, of Texas, to be United Mira Radielovic Ricardel, of California, to be States Permanent Representative on the Council of Under Secretary of Commerce for Export Adminis- the North Atlantic Treaty Organization, with the tration. rank and status of Ambassador. Richard Ashooh, of New Hampshire, to be an As- Ray Washburne, of Texas, to be President of the sistant Secretary of Commerce. Overseas Private Investment Corporation. Neal J. Rackleff, of Texas, to be an Assistant Sec- Kelley Eckels Currie, of Georgia, to be Represent- retary of the Department of Housing and Urban De- ative of the United States of America on the Eco- velopment. nomic and Social Council of the United Nations, Anna Maria Farias, of Texas, to be an Assistant with the rank of Ambassador. Secretary of Housing and Urban Development. Kelley Eckels Currie, of Georgia, to be an Alter- Pages S4796–97 nate Representative of the United States of America Vishal J. Amin, of Michigan, to be Intellectual to the Sessions of the General Assembly of the Property Enforcement Coordinator, Executive Office United Nations, during her tenure of service as Rep- of the President. resentative of the United States of America on the Stephen Elliott Boyd, of Alabama, to be an Assist- Economic and Social Council of the United Nations. ant Attorney General. David Steele Bohigian, of Missouri, to be Execu- Beth Ann Williams, of New Jersey, to be an As- tive Vice President of the Overseas Private Invest- sistant Attorney General. ment Corporation. John W. Huber, of Utah, to be United States At- Michael Arthur Raynor, of Maryland, to be Am- torney for the District of Utah for the term of four bassador to the Federal Democratic Republic of Ethi- years. opia. Justin E. Herdman, of Ohio, to be United States Maria E. Brewer, of Indiana, to be Ambassador to Attorney for the Northern District of Ohio for the the Republic of Sierra Leone. term of four years. John P. Desrocher, of New York, to be Ambas- John E. Town, of Alabama, to be United States sador to the People’s Democratic Republic of Alge- Attorney for the Northern District of Alabama for ria. Pages S4797–98 the term of four years. Page S4797 Kelly Knight Craft, of Kentucky, to be Ambas- Claire M. Grady, of Pennsylvania, to be Under sador to Canada. Secretary for Management, Department of Homeland Carl C. Risch, of Pennsylvania, to be an Assistant Security. Secretary of State (Consular Affairs). David P. Pekoske, of Maryland, to be an Assistant Lewis M. Eisenberg, of Florida, to be Ambassador Secretary of Homeland Security. Page S4797 to the Italian Republic, and to serve concurrently David James Glawe, of Iowa, to be Under Sec- and without additional compensation as Ambassador retary for Intelligence and Analysis, Department of to the Republic of San Marino. Page S4798 Homeland Security. Robert L. Sumwalt III, of South Carolina, to be Susan M. Gordon, of Virginia, to be Principal a Member of the National Transportation Safety Deputy Director of National Intelligence. Page S4797 Board for a term expiring December 31, 2021. Mark Andrew Green, of Wisconsin, to be Admin- Karen Dunn Kelley, of Pennsylvania, to be Under istrator of the United States Agency for International Secretary of Commerce for Economic Affairs. Development. Elizabeth Erin Walsh, of the District of Colum- Sharon Day, of Florida, to be Ambassador to the bia, to be Assistant Secretary of Commerce and Di- Republic of Costa Rica. rector General of the United States and Foreign Nathan Alexander Sales, of Ohio, to be Coordi- Commercial Service. nator for Counterterrorism, with the rank and status Michael Platt, Jr., of Arkansas, to be an Assistant of Ambassador at Large. Secretary of Commerce.

VerDate Sep 11 2014 07:57 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU7.REC D03AUPT1 dlhill on DSKBC4BHB2PROD with DIGEST August 3, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D887 Mark H. Buzby, of Virginia, to be Administrator Neil Chatterjee, of Kentucky, to be a Member of of the Maritime Administration. the Federal Energy Regulatory Commission for the Peter B. Davidson, of Virginia, to be General term expiring June 30, 2021. Counsel of the Department of Commerce. Robert F. Powelson, of Pennsylvania, to be a Robert L. Sumwalt III, of South Carolina, to be Member of the Federal Energy Regulatory Commis- Chairman of the National Transportation Safety sion for the term expiring June 30, 2020. Page S4819 Board for a term of two years. Page S4798 1 Air Force nomination in the rank of general. Peter Louis Oppenheim, of Maryland, to be As- 3 Army nominations in the rank of general. sistant Secretary for Legislation and Congressional 3 Navy nominations in the rank of admiral. Affairs, Department of Education. Routine lists in the Army and Navy. James J. Sullivan, Jr., of Pennsylvania, to be a Page S4799, S4896–98 Member of the Occupational Safety and Health Re- Nominations Received: Senate received the fol- view Commission for a term expiring April 27, lowing nominations: 2021. Elizabeth Ann Copeland, of Texas, to be a Judge Heather L. MacDougall, of Florida, to be a Mem- of the United States Tax Court for a term of fifteen ber of the Occupational Safety and Health Review years. Commission for a term expiring April 27, 2023. Patrick J. Urda, of Indiana, to be a Judge of the Elinore F. McCance-Katz, of Rhode Island, to be United States Tax Court for a term of fifteen years. Assistant Secretary for Mental Health and Substance Richard Duke Buchan III, of Florida, to be Am- Use, Department of Health and Human Services. bassador to the Kingdom of Spain, and to serve con- Lance Allen Robertson, of Oklahoma, to be As- currently and without additional compensation as sistant Secretary for Aging, Department of Health Ambassador to Andorra. and Human Services. Thomas J. Hushek, of Wisconsin, to be Ambas- Jerome M. Adams, of Indiana, to be Medical Di- sador to the Republic of South Sudan. rector in the Regular Corps of the Public Health Scott C. Blader, of Wisconsin, to be United States Service, subject to qualifications therefor as provided Attorney for the Western District of Wisconsin for by law and regulations, and to be Surgeon General the term of four years. of the Public Health Service for a term of four years. Michael B. Brennan, of Wisconsin, to be United Robert P. Kadlec, of New York, to be Medical States Circuit Judge for the Seventh Circuit. Director in the Regular Corps of the Public Health Donald C. Coggins, Jr., of South Carolina, to be Service, subject to qualifications therefor as provided United States District Judge for the District of by law and regulations, and to be Assistant Secretary South Carolina. for Preparedness and Response, Department of Terry A. Doughty, of Louisiana, to be United States District Judge for the Western District of Health and Human Services. Page S4798 Louisiana. Jessica Rosenworcel, of Connecticut, to be a Mem- Robert M. Duncan, Jr., of Kentucky, to be United ber of the Federal Communications Commission for States Attorney for the Eastern District of Kentucky a term of five years from July 1, 2015. for the term of four years. Brendan Carr, of Virginia, to be a Member of the Leonard Steven Grasz, of Nebraska, to be United Federal Communications Commission for the re- States Circuit Judge for the Eighth Circuit. mainder of the term expiring June 30, 2018. Michael Joseph Juneau, of Louisiana, to be United Pages S4798–99 States District Judge for the Western District of J. Christopher Giancarlo, of New Jersey, to be Louisiana. Chairman of the Commodity Futures Trading Com- John R. Lausch, Jr., of Illinois, to be United mission. States Attorney for the Northern District of Illinois Brian D. Quintenz, of Ohio, to be a Commis- for the term of four years. sioner of the Commodity Futures Trading Commis- J. Douglas Overbey, of Tennessee, to be United sion for a term expiring April 13, 2020. States Attorney for the Eastern District of Tennessee Rostin Behnam, of New Jersey, to be a Commis- for the term of four years. sioner of the Commodity Futures Trading Commis- Charles E. Peeler, of Georgia, to be United States sion for a term expiring June 19, 2021. Attorney for the Middle District of Georgia for the Pages S4799–S4800 term of four years. Althea Coetzee, of Virginia, to be Deputy Admin- William J. Powell, of West Virginia, to be istrator of the Small Business Administration. United States Attorney for the Northern District of Page S4800 West Virginia for the term of four years.

VerDate Sep 11 2014 07:57 Aug 04, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU7.REC D03AUPT1 dlhill on DSKBC4BHB2PROD with DIGEST D888 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2017 A. Marvin Quattlebaum, Jr., of South Carolina, to estry, Forest Service, Department of Agriculture; be United States District Judge for the District of Bryan Rice, Director, Office of Wildland Fire, De- South Carolina. partment of the Interior; John Maisch, Alaska De- Holly Lou Teeter, of Kansas, to be United States partment of Natural Resources, Fairbanks; Steve District Judge for the District of Kansas. King, City of Wenatchee Economic Development Robert Earl Wier, of Kentucky, to be United Director, Wenatchee, Washington; and Mary Ellen States District Judge for the Eastern District of Ken- Miller, Michigan Tech Research Institute, Ann tucky. Page S4896 Arbor. Measures Read the First Time: Page S4826 BUSINESS MEETING Executive Reports of Committees: Pages S4826–27 Committee on Energy and Natural Resources: Committee Additional Cosponsors: Pages S4828–31 ordered favorably reported the nominations of Bren- Statements on Introduced Bills/Resolutions: da Burman, of Arizona, to be Commissioner of Rec- Pages S4831–83 lamation, and Susan Combs, of Texas, and Douglas Additional Statements: Pages S4824–26 W. Domenech, of Virginia, both to be an Assistant Secretary, all of the Department of the Interior, and Amendments Submitted: Pages S4883–89 Paul Dabbar, of New York, to be Under Secretary Authorities for Committees to Meet: for Science, and Mark Wesley Menezes, of Virginia, Pages S4889–90 to be Under Secretary, both of the Department of Record Votes: Three record votes were taken today. Energy. (Total—187) Pages S4787, S4792–93 Adjournment: Senate convened at 10 a.m. and ad- NOMINATIONS journed at 7:01 p.m., until 9:45 a.m. on Friday, Au- Committee on Finance: Committee concluded a hearing gust 4, 2017. (For Senate’s program, see the remarks to examine the nominations of Gilbert B. Kaplan, of of the Acting Majority Leader in today’s Record on the District of Columbia, to be Under Secretary of page S4896.) Commerce for International Trade, and Matthew Bassett, of Tennessee, to be an Assistant Secretary, Committee Meetings who was introduced by Senator Boozman, and Rob- ert Charrow, of Maryland, to be General Counsel, (Committees not listed did not meet) both of the Department of Health and Human Serv- ices, after the nominees testified and answered ques- EXAMINE INSURANCE FRAUD IN AMERICA tions in their own behalf. Committee on Commerce, Science, and Transportation: Sub- committee on Consumer Protection, Product Safety, BUSINESS MEETING Insurance, and Data Security concluded a hearing to Committee on Foreign Relations: Committee ordered fa- examine insurance fraud in America, focusing on vorably reported the following business items: current issues facing industry and consumers, after receiving testimony from John D. Doak, Oklahoma S. 1697, to condition assistance to the West Bank Insurance Commissioner, on behalf of the National and Gaza on steps by the Palestinian Authority to Association of Insurance Commissioners, Dennis Jay, end violence and terrorism against Israeli citizens Coalition Against Insurance Fraud, and Rachel and United States Citizens, with amendments; and Weintraub, Consumer Federation of America, all of The nominations of Michael Arthur Raynor, of Washington, D.C.; Sean Kevelighan, Insurance In- Maryland, to be Ambassador to the Federal Demo- formation Institute, New York, New York; and cratic Republic of Ethiopia, Maria E. Brewer, of In- Timothy J. Lynch, National Insurance Crime Bureau, diana, to be Ambassador to the Republic of Sierra Des Plaines, Illinois. Leone, John P. Desrocher, of New York, to be Am- bassador to the People’s Democratic Republic of Al- WILDLAND FIRES geria, and Jay Patrick Murray, of Virginia, to be Al- Committee on Energy and Natural Resources: Committee ternate Representative for Special Political Affairs in concluded a hearing to examine Federal and non- the United Nations, with the rank of Ambassador, federal collaboration, including through the use of and to be an Alternate Representative to the Sessions technology, to reduce wildland fire risk to commu- of the General Assembly of the United Nations, dur- nities and enhance firefighting safety and effective- ing his tenure of service as Alternate Representative ness, after receiving testimony from Victoria C. for Special Political Affairs in the United Nations, Christiansen, Deputy Chief, State and Private For- all of the Department of State.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Friday, August 4 1 p.m., Friday, August 4

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: House will meet in a Pro Forma session. session at 1 p.m.

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