E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, WEDNESDAY, JUNE 12, 2019 No. 98 Senate The Senate met at 10 a.m. and was nance Committee is continuing its noncontroversial and very well-quali- called to order by the President pro work on retirement income security, fied for the job. Thanks to the modest tempore (Mr. GRASSLEY). including those issues with the multi- reforms to the Senate rules we put in f employer plans. place this spring, more nominees who While we work to enact the first fit this description are being confirmed PRAYER round of reforms in the retirement sav- in a fraction of the time it would have The Chaplain, Dr. Barry C. Black, of- ings accounts, known as RESA, which otherwise taken. fered the following prayer: is now before the Senate, there is still So I hope the strong bipartisan sup- Let us pray. more work to do. We have the benefit port we saw yesterday will be shown to Revive us, O Lord, for Your Name’s of the joint select committee’s work on the jurists we will vote to confirm on sake. Fill our Senators with Your Spir- multiemployer plans last year. We the Federal bench today: Pamela Bark- it and lead them to Your desired des- know what is going on, we know what er to the Northern District of Ohio; tination. Keep them so dedicated to is broken, and we know the various op- Corey Maze to the Northern District of Your purposes that they will do justly, tions for repairing the system. Alabama; Rodney Smith to the South- love mercy, and walk humbly. Equip It is time to put pen to paper and fix ern District of Florida; Thomas Barber them to bear the responsibility they these plans that will protect the work- to the Middle District of Florida; and cannot assign to others but must carry ers who have paid into them. Jean-Paul Boulee to the Northern Dis- in the strength You provide. Give them I yield the floor. trict of Georgia. Together, these nominees possess the wisdom to be quick to listen and I suggest the absence of a quorum. more than a century of legal experi- slow to speak as You incline their The PRESIDING OFFICER. The ence. Their re´sume´s include work in hearts to live with integrity. clerk will call the roll. State attorneys’ offices, as county Lord, may faith replace fear, truth The senior assistant legislative clerk judges, and as State solicitor general. proceeded to call the roll. arise over falsehood, love prevail over They include a former U.S. Army de- Mr. MCCONNELL. Mr. President, I hate, and peace abide with us all. fense counsel and a U.S. Supreme We pray in Your strong Name. Amen. ask unanimous consent that the order Court litigator. Each has demonstrated f for the quorum call be rescinded. a commitment to upholding the Con- The PRESIDING OFFICER. Without PLEDGE OF ALLEGIANCE stitution and preserving the rule of objection, it is so ordered. law. Each deserves strong, bipartisan The President pro tempore led the f support. Pledge of Allegiance, as follows: RECOGNITION OF THE MAJORITY f I pledge allegiance to the Flag of the LEADER United States of America, and to the Repub- BORDER SECURITY lic for which it stands, one nation under God, The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, on indivisible, with liberty and justice for all. jority leader is recognized. another matter, the Trump administra- f f tion’s new agreement with Mexico RESERVATION OF LEADER TIME NOMINATIONS marks an important breakthrough in the ongoing border crisis. It kept The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, this harmful tariffs from going into effect SASSE). Under the previous order, the week we are continuing to confirm and cemented new steps to make cer- leadership time is reserved. more unobjectionable nominees who tain that immigration enforcement and The Senator from Iowa. had to move through the Senate more the rule of law are priorities on both Mr. GRASSLEY. Mr. President, I ask slowly than they should. Yesterday we sides of the border. unanimous consent to speak for 1 confirmed Sarah Daggett Morrison to But, of course, the Mexican Govern- minute as in morning business. serve as U.S. District Judge for the ment was not the only outstanding The PRESIDING OFFICER. Without Southern District of Ohio, and despite party with an unmet responsibility to objection, it is so ordered. the fact that our Democratic friends address this crisis. Right here in Con- f forced us to file cloture on her nomina- gress we have been waiting for 6 weeks tion, when she finally received a vote, now—6 weeks—for our Democratic col- MULTIEMPLOYER PENSIONS she was confirmed 89 to 7. leagues to get serious about the admin- Mr. GRASSLEY. Mr. President, Con- That is probably because Ms. Morri- istration’s urgent request for more re- gress needs to address the crisis facing son, like the other nominees we are sources for border security and human- multiemployer pension plans. The Fi- considering this week, is thoroughly itarian efforts.

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

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VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.000 S12JNPT1 S3330 CONGRESSIONAL RECORD — SENATE June 12, 2019 This week’s progress with our Mexi- Around the same time, one House the bills. This spectacle of opposition can neighbors throws the Democrats’ Democrat admitted as much. He told for opposition’s sake, even on such an refusal to act into even starker relief. reporters: ‘‘In my opinion, we do have obvious nonpartisan priority, has been My colleagues and I have come to the to come up with some money. But more than embarrassing. It is com- floor day after day, week after week, we’ve got to convince our more pro- pletely irresponsible. It needs to end detailing all the evidence that our gressive friends. . . . ‘’ soon. southern border is in a state of crisis. Well, look, I am sorry that a humani- In the coming days, it will. We are The inflow of would-be illegal immi- tarian crisis is not convincing enough going to act in the Senate, and we are grants is unprecedented. Our facilities to the far left. I am sorry that two sep- going to move forward to find the fund- and our efforts to house and care for arate New York Times editorials ing necessary to try to solve this hu- the individuals we detain are stretched haven’t made an impact on House manitarian crisis. literally to the breaking point. In Democrats either. The PRESIDING OFFICER. The Sen- short, the men and women stationed on So here we have it. The New York ator from Florida. our southern border are running on Times editorial page, May 5—incred- f fumes. They have been charged with ibly enough: ‘‘Congress, Give Trump the tasks that circumstances have His Border Money.’’ That is the New ANNIVERSARY OF PULSE made incredibly difficult, and they are York Times saying: ‘‘Give Trump [the] NIGHTCLUB SHOOTING begging for more funding to keep up. border money.’’ They didn’t listen. Mr. SCOTT of Florida. Mr. President, As I noticed yesterday, the most re- So several weeks later, on May 23, as on June 12, 2016, our State was at- cent data show that apprehensions last I quoted, ‘‘Democrats balked at allo- tacked. Forty-nine innocent and beau- month reached a 13-year high, with cating billions of dollars more toward tiful lives were senselessly lost, and higher numbers in every category— border security.’’ the lives of countless families and more individuals, more family units, On June 9, a couple of days ago, in loved ones were forever changed. and more unaccompanied children ar- the New York Times: ‘‘When Will Con- The attack—an attack on America, riving at border facilities that are al- gress Get Serious About the Suffering our State, the city of Orlando, our His- ready at overcapacity. The Border Pa- at the Border?’’ panic and gay communities—was a ter- trol is teetering on the brink. They are Here is the situation. The Trump ad- rorist attack. This act of terrorism was nearing the point where they will be ministration and the New York Times an attempt to rip at the seams of our unable to perform even the most basic are on the same side—and House Demo- society, to divide us, to instill fear in humanitarian and security functions crats don’t want to take this up? Good- our hearts. But Floridians are strong. for lack of resources. This is even with ness, I am having a hard time remem- Floridians are selfless. Floridians are funds being diverted away from other bering the last time the New York fighters. important priorities at the Department Times editorial page was on the same The days I spent in Orlando following of Homeland Security on a contingency side as the Trump administration or the shooting will always be with me. I basis. Republicans in Congress. It is not a talked to many parents who lost their So let me say it again one more time. common sight, but here we are. children. I went to funerals and wakes, The Department of Homeland Security All of us agree that the border crisis and I sat in hospitals. It was one of the has had to pull money and people off of is unacceptable and unsustainable, but hardest things I have ever done as Gov- other critical missions just to try and still, House Democrats will not act. ernor and as a parent. meet the overwhelming surge of human Yesterday, even my colleague the Through our State’s most chal- traffic down at the border. This is the Democratic leader admitted where this lenging times, we also saw incredible Department that includes the Trans- extended delay is coming from. He told bravery and heroism. We saw it in the portation Security Administration, the reporters that the House wasn’t for it, brave members of law enforcement who Secret Service, and the U.S. Coast but we were. Guard. Congress’s inaction has backed selflessly ran into danger to help those Yes, I guess that was true, but in any them into a corner. in need; we saw it in the doctors and event, apparently that is where we are The officials who are responsible for nurses who tirelessly worked to save protecting the homeland and safe- now. The House Democrats are the lives; and we saw in the community guarding these individuals could not problem. So if they are serious about that came together after this horrific have been clearer in their pleading to wanting to resolve this, I hope they tragedy to repair and rebuild. Congress. They could not have been will get a grip—get a grip on their far- Three years removed from this un- more clear. The Acting Homeland Se- left colleagues—in a hurry. imaginable loss, our State is changed curity Secretary has told us already So here is what we are going to do. forever. Every year on this day, the that ‘‘given the scale of what we are Chairman SHELBY has announced that State of Florida stands united with facing, we will exhaust our resources the Appropriations Committee is going heavy hearts to honor the victims. before the end of this fiscal year’’—‘‘ex- to vote on a $4.5 billion package a week I vow to never forget that evil exists haust our resources before the end of from tomorrow, with more than $3 bil- in this world, and we must always this fiscal year.’’ lion in humanitarian funds to expand stand up against those who wish to The Acting Director of Immigration shelter facilities, increase dedicated harm us. And we vow to always remem- and Customs Enforcement has said: care for unaccompanied children, and ber the beautiful lives taken far too ‘‘We are begging.’’ ‘‘Begging.’’ ‘‘We are another billion dollars to prop up crit- soon. asking Congress, please help us.’’ ical security missions. I am grateful to f By any honest reckoning, this con- Chairman SHELBY for interest in this HONORING THE MEMORY OF THE stitutes a crisis. That is why Ameri- and his leadership, along with the work VICTIMS OF THE HEINOUS AT- cans across the entire political spec- of Senator CAPITO and Senator BLUNT. TACK AT THE PULSE NIGHTCLUB trum agree that Democrats in Congress I cannot urge my Democratic friends need to put aside their allergy to find- strongly enough to finally—what does ON JUNE 12, 2016 ing an inch of common ground with it take to convince them to get seri- Mr. SCOTT of Florida. Mr. President, President Trump and finally agree to ous?—find their way to yes. I ask unanimous consent that the Sen- get something done. House Democrats may want to come ate proceed to the consideration of S. We know exactly what the holdup down to the left of the New York Times Res. 246, submitted earlier today. has been. The New York Times re- editorial page—there is not much space The PRESIDING OFFICER. The ported in late May exactly why this over there—but the rest of the country clerk will report the resolution by money didn’t make it into the disaster thinks it is just crazy—because it is. title. funding package despite Republican ef- Partisan theater in the House doesn’t The senior assistant legislative clerk forts. ‘‘Democrats balked at allocating improve the conditions in border shel- read as follows: billions of dollars more toward border ters. Melodramatic hearings and Presi- A resolution (S. Res. 246) honoring the security.’’ ‘‘Democrats balked.’’ That dential harassment don’t secure the memory of the victims of the heinous attack is the New York Times. border. ‘‘The resistance’’ doesn’t pay at the Pulse nightclub on June 12, 2016.

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.002 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3331 There being no objection, the Senate After they state that they seek that humanitarian assistance in addressing proceeded to consider the resolution. status, they are taken into our system. the issues that have been before us. Mr. SCOTT of Florida. Mr. President, They then, ultimately, go through a We remember—and it was not that I ask unanimous consent that the reso- hearing process, but that hearing proc- long ago—the Trump administration’s lution be agreed to, the preamble be ess is not done quickly. In fact, it can policy that was called zero tolerance. agreed to, and the motion to reconsider take months and sometimes years be- Do you remember? Certainly, I do. At- be considered made and laid upon the fore the actual hearings take place. Be- torney General Jeff Sessions an- table with no intervening action or de- cause we are seeing so many people nounced that we were then going to bate. coming—especially young children who have a policy of treating as criminals The PRESIDING OFFICER. Without are accompanied by their parents or those who came across the border. objection, it is so ordered. who are even on their own—it has cre- Now, understand what I mentioned The resolution (S. Res. 246) was ated a special challenge for our border earlier. You present yourself at our agreed to. authorities. border for the purpose of seeking The preamble was agreed to. I was down in El Paso just a few asylee status so that you will not be (The resolution, with its preamble, is weeks ago. I met with the Border Pa- considered a criminal when you present printed in today’s RECORD under ‘‘Sub- trol agents and the Customs and Bor- yourself, which is perfectly within our mitted Resolutions.’’) der Protection agents, and we talked legal system. Rather, Jeff Sessions Mr. SCOTT of Florida. I suggest the about the challenges they face. In my said, if you come to our border and do absence of a quorum. mind, there is no question that the not have legal status in the United The PRESIDING OFFICER. The numbers have overwhelmed the system States, you shall be treated as a crimi- clerk will call the roll. to the point at which there are things nal. In his having said that, there was The senior assistant legislative clerk happening down there that are abso- a problem. It meant that they sepa- proceeded to call the roll. lutely unacceptable by American rated the children from their parents Mr. DURBIN. Mr. President, I ask standards. I will give you an example. because, under Sessions’ zero-tolerance unanimous consent that the order for Those who present themselves at the policy, the parents were presumed to the quorum call be rescinded. border are processed and put into de- have been engaged in criminal conduct. The PRESIDING OFFICER. Without tention cells, but these detention cells The result was awful. There were objection, it is so ordered. are not large enough to accommodate 2,880 infants, toddlers, and children who were separated from their parents f the number of people who come to our border. In El Paso, there was a cell at the border under the zero-tolerance CONCLUSION OF MORNING that had a plate glass window on the policy. Yet there was a swift public re- BUSINESS outside so one could see everyone in- action against it, and court cases were The PRESIDING OFFICER. Morning side. Above the door of that cell was a filed to stop this policy. In one of the business is closed. sign that read ‘‘Capacity: 35.’’ I count- few times since he was elected Presi- dent, this President came forward and f ed the number of people in that cell on the day I visited. There were 150 who said he was wrong—that this policy EXECUTIVE SESSION were jammed shoulder to shoulder in- was not good and that he was going to side the cell. About 20 of them, maybe end it. The problem was, in his having sepa- EXECUTIVE CALENDAR 30, had an opportunity to sit on bench- es along the perimeter, but for the rated those children, our government has not kept track of where their par- The PRESIDING OFFICER. Under most part, they stood. They stood all ents have gone and how we might pos- the previous order, the Senate will pro- day. They were fed their meals while sibly reunite them in the future. It ceed to executive session to resume they stood up, and I have no idea how took a Federal judge in Southern Cali- consideration of the following nomina- they possibly worked out their sleeping fornia to come forward and mandate tion, which the clerk will report. arrangements. There was just no room that our agencies of government find The senior assistant legislative clerk for all of them to lie down on the floor those children and reunite them with read the nomination of Pamela A. at any given time, and there was one Barker, of Ohio, to be United States their parents. toilet in that room for 150 people. I We didn’t accomplish it completely. District Judge for the Northern Dis- learned afterward that the number in trict of Ohio. Overwhelmingly, it took weeks and that cell increased shortly thereafter months for us to put them together be- The PRESIDING OFFICER. The as- to 200. Next to it was a cell for sistant Democratic leader. cause no one thought to keep track of women—capacity 16. Inside that cell, I where the parents were headed and BORDER SECURITY counted 75 women, including women where their children were headed. Mr. DURBIN. Mr. President, I lis- with nursing babies. Eventually, we put it together for all tened carefully this morning to Sen- We now have press reports that state, but, say, 100, I think—the final number ator MCCONNELL of Kentucky, the Re- because of the desperate situation of children for whom we just couldn’t publican leader, who came to the floor these detainees face, there have been find their families and parents. to speak to the issue of the border cri- attempted suicides. This is in the That was a horrible situation, but it sis which we now face. I acknowledge, United States of America. This is a sit- is a reminder to us today as we reflect as everyone should, that we are facing uation we need to address. I couldn’t on what is going on at the border. For an unprecedented number of people agree more with the Republican leader goodness’ sake, we should all demand who are presenting themselves at our from Kentucky that we need humani- the humane treatment of people at our southern border from primarily three tarian assistance quickly to provide border, particularly of the children. Six countries—El Salvador, Honduras, and temporary housing or whatever is nec- children who came to our border died Guatemala. essary so that there will be humane while they sought this asylum status. These people who are presenting treatment of those who have been de- That is unacceptable. themselves, for the most part, are not tained at our borders until they are In fairness to the Department of trying to sneak across our borders; processed through our legal system. Homeland Security and to all of those they are literally coming up and pre- I might say, although the Republican involved in it, I don’t believe for a sec- senting themselves—identifying them- leader came to the floor to blame the ond that they consciously allowed this selves—to the first person they find in Democrats for not coming up with to happen, but we did not provide the a uniform. The reason is they want to more money in a timely fashion, it was kind of medical assistance that might apply for asylum in the United States. just this February when we joined, on a have ordinarily been provided in these They want to make the argument that bipartisan basis, in voting for $400 mil- circumstances. We are told that this is they have credible fears that might en- lion more for humanitarian assistance changing for the better, and I salute title them to be considered as asylees at the border. There has been no resist- and applaud the efforts to reach that. in this country, which is a legal classi- ance from this Senator or from this When it comes to the humanitarian fication. side of the aisle when it has come to assistance that Senator MCCONNELL

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.003 S12JNPT1 S3332 CONGRESSIONAL RECORD — SENATE June 12, 2019 spoke about on the floor this morning, 190,000 people in a precarious situation scribe in the emergency department at I could not agree with him more. We in terms of their legal rights and their Baltimore Washington Hospital Center. need to put the resources in place. future. She kept studying, obtaining a nursing There are serious differences of opinion Fortunately for them, the Federal assistant and patient care technician about the policy at the border—of the Court stepped in and said that the certification. She then obtained a posi- so-called Flores consent decree and the President needed to justify eliminating tion at the medical intensive care unit TVPRA legislation. There is also no this program. While we are going at Johns Hopkins, while she continued common agreement between the par- through the argument in court, they working in the emergency department ties in the House and Senate on that will be protected—790,000 will be pro- at Baltimore Washington Medical Cen- policy’s language. I am not sure we will tected. No new ones have been allowed ter. reach an agreement when it comes to to sign up. Her father passed away in November some fundamental questions about how I see that my friend from New York of 2015, just a few years after she was long you can hold a child in detention, is here, and I just wish, if I can, to given DACA status. Through long night for example. In the Flores decision— make a statement about one of these shifts in the ICU and the 5 a.m. shifts and this was a consent decree entered Dreamers and then yield the floor to in the emergency department, into by our government—we say that him. I am certain that he has some im- Pratishtha had become the family’s you can’t detain a child for more than portant things to say. breadwinner. 20 days. The proposal now is 100 days. But I would like to, if I can—he helps She is now studying for a master of Let me ask an obvious question. As a me with my signs when he comes to science in biomedical science at West- father and as a grandfather, what im- the floor. I thank Senator SCHUMER. ern University of Health Sciences, in pact does it have in one’s holding a I produced on the floor more than 100 Pomona, CA. Her dream is to become a child in detention for 100 days? Imag- of these colored photographs of these doctor. ine, if you will, all of the possible cir- Dreamers to tell their story. This is She wrote me a letter, and she said: cumstances of these kids in their hav- Pratishtha Khanna, the 117th Dreamer America is my home. My father’s ashes ing come to the border, what they have I have spoken about on the floor of the will lay to rest here. I don’t have another been through to reach this point, and home. As assaults on immigrants and democ- what we then do in response. I think we Senate. She was brought to the United States from India at the age of 10, and racy run rampant, the world looks to Con- need to be very sensitive to the reality gress for leadership and justice. that children are often harmed in ways she grew up in Laurel, MD. Her parents were university graduates with profes- The eyes of Pratishtha and hundreds we can’t even imagine by things that of thousands of Dreamers are on Wash- happen so early in their lives. The no- sional degrees. They both worked long hours in blue collar jobs for less than ington and on the U.S. Senate. Last tion of a longer detention needs to be week the House of Representatives carefully scrutinized to make sure we minimum wage with no time off. Pratishtha said: passed the American Dream and Prom- are never doing anything at the ex- ise Act in an effort to save Pratishtha pense of these children and their long- My parents believed in the hallmarks of American values: Work hard and you can and the hundreds of thousands of oth- term development. ers like her. We want you to be a part I wanted to raise another issue too. achieve anything. They encouraged me to study hard and be the best I can be. of America’s future. You are an ex- While I agree with Senator MCCONNELL traordinary person. Her life and what when it comes to the humanitarian This is exactly what this young lady did. She was an excellent student who she has already given are an indication treatment of children and young people of why we need her in America’s fu- and others, too, at the same time, we was placed in the gifted and talented program, and she was a peer mentor ture. The fact that the Republican are in a circumstance now where the leader would come to the floor and President of the United States, in Sep- who tutored fellow students in math. In high school, Pratishtha earned col- speak about the humanitarian treat- tember of 2017, eliminated a program ment of young children and overlook called the DACA Program. lege credits in an advanced placement the fact that we have a bill that has I know a little bit about this because class, was a member of the color guard, been sent to us by the House of Rep- 18 years ago I introduced a bill called and served as treasurer and vice presi- the DREAM Act, and the DREAM Act dent of the student government asso- resentatives, which would help 790,000 said that if you were brought to the ciation. and more with the American Dream United States as a child, where you In 2009 she graduated from high and Promise Act, tells me that he is didn’t have any conscious part of the school with honors. She attended her not closing in the loop on humani- decision to come to this country, and local community college. Because of tarianism. I call on the Republican leader in the you grew up in this country, went to her undocumented immigration status, Senate: Do not make this a legislative school, did not have a criminal record, she was not eligible for financial aid graveyard. Let’s use the power of this and went through a basic background and had to pay international student Senate to pass the legislation that test, then, you ought to be able to be tuition. She cleaned homes and tutored passed the House of Representatives allowed to stay in the United States high school students to help pay the and give this young woman and thou- and ultimately achieve legal status. tuition. She volunteered at a local in- sands more just like her an oppor- That is the DREAM Act. We haven’t fectious disease laboratory. She grad- tunity to be a part of America’s future. passed it or enacted it into law, though uated with an associate’s degree in bi- I yield the floor. I have tried many, many times. But we ology. did prevail on President Obama to cre- Then, on June 15, 2012, President RECOGNITION OF THE MINORITY LEADER ate the DACA Program so that these Obama announced DACA, the program The PRESIDING OFFICER. The young people can step forward, pay a I mentioned earlier, which was abol- Democratic leader is recognized. fee, go through a background check, be ished by President Trump. Mr. SCHUMER. Mr. President, let me finger-printed, make certain that they Pratishtha says: thank my dear friend, the senior Sen- were no threat to the United States, ator from Illinois, for the passion, per- [It was] a monumental day for my family. sistence, and intelligence he shows on and be allowed to stay in this country For the first time in many years, my family for 2 years at a time without fear of de- sat together to eat dinner. I saw tears behalf of the Dreamers, who simply portation and be allowed to work. stream down my father’s face. He talked want to be Americans, who have shown Ultimately, 790,000 of these young about everything my brother and I could their part of the American dream, and people came forward. I have told their achieve with the basic scraps of dignity whom we are truly blocking from stories on the floor of the Senate given us by DACA. The stress and despair in achieving their dream—which is the many, many times. They are incredible his eyes was replaced with energy and hope. American dream. young people who simply want a In May 2014 Pratishtha graduated Thank you. chance to be a part of the country—the with honors with a bachelor’s degree in SEPTEMBER 11TH VICTIM COMPENSATION FUND only country they have ever known. biological sciences from the University ACT President Trump decided to abolish of Maryland, Baltimore County. Fol- Now, on another matter, Mr. Presi- the DACA Program, leaving these lowing graduation, she worked as a dent, just now Members of the House

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.005 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3333 Judiciary Committee unanimously As soon as the House passes this bill, in our federal background check sys- passed a bill to address the shortfall in it should be on the floor of the Senate tem. But Leader MCCONNELL has not the September 11th Victim Compensa- immediately as a stand-alone bill. allowed it to reach the floor. Why not? tion Fund, which provides aid to the Once this bill passes the House, there Why is it one of the many forgotten heroes and the families of the heroes will be only one person who stands be- bills of his legislative graveyard? Are who rushed to the towers selflessly on tween the brave first responders now Republicans so unwilling to buck the September 11, 2001. suffering from cancer and illness and gun lobby that they will ignore a bill Even in a divided Congress, even in a the money they need to save or extend supported of 90 percent of Americans, divided country, this issue is an abso- their lives, and that one person is the majority of Republicans, the ma- lute issue of moral clarity. On that Leader MCCONNELL. jority of gun owners? Something needs fateful day, the men and women of the So I say to Leader MCCONNELL: This to change. My Republicans friends need New York Fire Department, the New is not politics. This is not a game. to break out of the vise grip of the York Police Department, the EMS, and These are our heroes—American heroes NRA. the construction labor unions who who are suffering and need our help. I urge Leader MCCONNELL to get this rushed to Ground Zero were like our Your help, Leader MCCONNELL, is need- Chamber working again for the good of soldiers. Like our soldiers, they rushed ed now. I am imploring, pleading, even the American people. Commonsense to danger for our safety without think- begging to Leader MCCONNELL to put background checks would be a great ing of their own, and just as we don’t this bill on the floor immediately after place to start—today of all days. leave soldiers on the battlefield behind, it passes the House. I am imploring, I HONG KONG we must not leave the brave first re- am pleading, I am begging Leader Mr. President, finally, 30 years and sponders behind when it comes to their MCCONNELL to give us a commitment one week ago, democratic protestors healthcare. Yet, shamefully, it has al- today that, as soon as the House passes gathered at Tiananmen Square, where ways been a struggle here in this Con- this bill, he will put it on the floor of the Chinese Communist Party brutally the Senate as a stand-alone bill. gress to abide by that principle. suppressed the will of the people. Once he puts it on the floor of the I have lived through the years when Today, in Hong Kong, a similar scene Senate, it will pass the Senate with everyone said the first responders are is playing out. The Chinese govern- strong bipartisan support. This is not a getting respiratory illnesses and can- ment is once again showing its true Democratic or Republican issue. The cers they hadn’t seen in such young colors, suppressing democracy, denying people. They said they were crazy for President will sign it. The brave heroes the will of the people, trying to claw thinking that it came from the pile. I who have come down here time and back more power and control. again will breathe a sigh of relief, lived through the years when, even The people of Hong Kong are right- knowing they and their families, even though the science eventually con- fully protesting the Chinese govern- if they are gone, will get the help they firmed that 9/11 was the cause, some in ment’s interest in remanding poten- deserve. Congress complained that it was too tially innocent people to mainland expensive to provide these heroes with We will reach the point soon—most China in order to put them through the the healthcare they so very needed. likely this year—when more will have died from 9/11 related illnesses than on corrupt Chinese prison system. Then, some said: This is a New York America stands with the people of issue, and we are not going to help—as 9/11 itself. It has been over 17 years since 9/11, but, unfortunately, brave Hong Kong in their protest against this if we care about where our soldiers blatant abuse of power by the govern- come from when they die on the battle- Americans are still dying. Brave Amer- icans are still finding the cancers that ment in Beijing. field. I yield the floor. After years of struggle, we eventu- were caused by their rushing to the The PRESIDING OFFICER (Mr. ROM- ally passed a healthcare program, but, pile, but only discovering them now. NEY). The Senator from Alabama. initially, it wasn’t even permanent. We Let’s do our job. Let’s take care of EQUALITY ACT have to fight every time when there is them now. Mr. JONES. Mr. President, today I a problem, every time we need an ex- ANNIVERSARY OF PULSE NIGHTCLUB SHOOTING rise to talk about a matter that is very tension, and every time it needs more Mr. President, today marks the 3- funding. It is a painful and slow proc- year anniversary of the Pulse night- close to my heart and rooted in my ess, a difficult process, one that should club shooting in Orlando, FL. On that faith and belief that we are all God’s never have been the way it has been. horrible night, 49 people were killed, 53 children created in God’s image. It is Every single one of the times, those wounded and many more forever an issue of fundamental equality, of brave first responders have had to changed in an unspeakable act of ter- basic human dignity, and it is con- come here to testify, wheeling through ror. sistent with the values we strive to em- the halls of Congress, their bodies rid- The shooting was traumatic not only body as American citizens. dled with cancer, to beg Senators and as an act of brutal violence, but as a I stand today to honor the contribu- Congressmen to help them get their hate crime against the LGBTQ commu- tions of LGBTQ Americans—the con- healthcare. nity. The shooter chose the Pulse tributions they have given so selflessly My good friend, my dear friend Ray nightclub; drove a long way specifi- to our Nation—and to remind all of my Pfeiffer—God bless his memory—who cally to Pulse. And he did it in order to colleagues of the great risks these knew he was dying, would come down target innocent people for the simple Americans still face simply because of here again and again and again, not for reason of being who they were. who they love and who they are. himself—he knew it was too late for Today, our hearts are with the vic- It was 50 years ago this month that him—but to make sure his friends and tims’ families, with the first respond- the gay community finally rose up. their families got the help they needed. ers, and with the city of Orlando. We The Stonewall riots were a product of a It is shameful—there is no other also cannot help but remember that we brutal police force cracking down on word for it; shameful—that our great are the only nation in the developed the gay community. They found a first responders have had to suffer the world where mass shootings happen voice that others had in the previous indignity of delay after delay after with such regularity, many of them years. This Pride Month, June, we cele- delay, of searching for some must-pass driven by hate. We will never be able to brate that 50 years of a rise in the bill to tuck their issue into because root out all the evil, malice, and hate voice of people to be treated just basi- this Congress, this Senate, did not in our society, but I also know that we cally as everyone else. It is an impor- think it was important enough to pass will never see a great reduction in gun tant issue for me. It is an important it on its own. violence or in hate crimes if we do issue for a number of reasons—first and Let me tell you something. We are nothing. So as we remember the vic- foremost, because I am a father, but done with that. We are not doing this tims of Pulse, let us also act. Let us also, I am a product of the Deep South again—not this time. The House Judi- consider legislation to improve com- in which I was raised. As a kid, I came ciary Committee just passed the fix to mon sense gun safety. of age during a very tumultuous time the Victim’s Compensation Fund. The We have a bill ready, sent to us by in our Nation’s history, a very tumul- full House will follow suit soon. the House months ago, to fix loopholes tuous time in Alabama.

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.007 S12JNPT1 S3334 CONGRESSIONAL RECORD — SENATE June 12, 2019 When I was a kid, our schools re- sexual orientation, and we need to be there this community, there is still much mained segregated for years after the for them. work to be done. That is why I have co- Brown v. Board of Education decision, Senator Hatch. I miss him, even sponsored and I am so proud to cospon- and my Black peers faced very difficult though I am glad my friend from Utah sor the Equality Act, and I urge my and different prospects for their future is here. colleagues to do the same. Our col- in life, which was a direct result of the Instead of love and acceptance, how- leagues in the House of Representa- Jim Crow laws that were still on the ever, too often the LGBTQ community tives have already passed this legisla- books in my childhood. still faces hate, violence, and discrimi- tion, which fills a gap in our Nation’s Men, women, and children were regu- nation in the workplace, in the class- Federal civil rights laws by providing larly targeted for violent attacks sim- room, in the housing market, and, permanent protections for the LGBTQ ply because of the color of their skin, more and more, in our society. community regardless of where they the way they were born, and their au- In fact, today we remember the lives live. dacity—their audacity to yearn for of 49 innocent people who were sense- This act is an important step. It is freedom and love and acceptance and lessly murdered in Orlando, FL, 3 years not a silver bullet, but it is an incred- respect. ago at Pulse, an LGBTQ nightclub. ible, important step forward in what The wounds of those years left scars Just last week, a Detroit man was we can do to recognize the dignity of that are still visible in many places charged with first-degree murder for all people in this country. today—many places not just in Ala- killing three LGBTQ people in an ap- Right now, these protections are sim- bama but across the country. The in- parent hate crime. ply a patchwork of State laws and equality and divisive rhetoric of the In my home State of Alabama, a other regulations. In 30 States, includ- time and the tensions it fomented local mayor recently made headlines ing Alabama, LGBTQ people are at risk fueled the violence and tragedy that around the country for advocating the of being fired, evicted, or denied other were wrought upon so many innocent killing of LGBTQ people, claiming it services because of their sexual ori- people, especially in the 1950s and in was the only way to ‘‘fix’’ the problem. entation or gender. I urge my colleagues to look at who the 1960s in Alabama, in the Deep In Washington, DC, over the week- is supporting the Equality Act. This is South, and so many other places across end, a panic ensued and thousands fled not a bipartisan issue; this is a non- this land. for their lives when it was believed partisan issue. If you look at the over I raise this because history has there was an active shooter targeting 500 organizations, a couple of hundred shown us time and again that when our the city’s annual Pride parade. major corporations—the U.S. Chamber government sanctions discrimination In Alabama, young Nigel Shelby, a of Commerce has endorsed this bill and or merely turns a blind eye to it, we high school freshman from Huntsville, is urging its passage because so many cause irreparable harm to those people. ended his life this past spring after en- during bullying from his peers and across the country recognize the im- In doing so, we also turn our backs on portance of these protections. the fundamental promise of this great struggling through bouts of depression. Mourning her son, his heartbroken How many times have you seen busi- country—that we are all endowed with nesses and how many times have you certain unalienable rights, ‘‘all’’ being mother called him the ‘‘sweetest child.’’ She said Nigel was ‘‘always full seen the chamber—and I mean no dis- the key word in that phrase. We are all respect to them—endorse a law that of joy, full of light.’’ As a father, I can- endowed with certain unalienable bans discrimination when they know it not begin to imagine the pain she and rights. puts certain burdens on their mem- her family have experienced at this Without exception, policies of legal- bers? This is a historic opportunity sudden loss. But I will tell you, as the ized discrimination that are fueled by that we have here—a historic oppor- father of a gay son, I have had to imag- fear always become a black mark on tunity—and we need to take advantage ine the pain and uncertainty her child our Nation’s history. Today, we can re- of it. flect on those incidents from the civil must have felt in a world in which he According to the Public Religion Re- rights movement with more clarity and didn’t feel fully accepted. search Institute, a majority of people take pride in the significant progress These incidents are just a few of the in every State support a law like this, we have made over time, but what we most recent examples I could share. including a majority of the folks in cannot do is delude ourselves into Quite frankly, I have hesitated to even Alabama. Those majorities extend thinking this work is nearly concluded. mention incidents in Alabama because across party lines, religion, and demo- There is still work to be done with re- we sometimes have the stigma of dis- graphics, but despite most Americans gard to gay rights. There is still work crimination in my State. being on the same page about this, the to be done when you consider that Most recently in Alabama, the Ala- minority in opposition to this bill and LGBTQ people in this country are still bama Legislature passed a most re- in opposition to the LGBTQ commu- not guaranteed permanent Federal pro- strictive law dealing with abortion and nity in general seems to be firm. It tection against discrimination—they women’s rights. It was a callous law, seems to be solid. It seems to be vocal. are still not. There is still work to be and once again people are looking at Opposition to such expansions of civil done when we see that the LGBTQ Alabama and saying: What is going on? rights protections usually is. community youth are five times more They look at this smalltown mayor From where I sit, this is not a zero- likely to attempt suicide than their and say: What is going on? But let me sum game. My view on this is informed heterosexual peers—five times more tell you, folks, for anybody who is lis- by my experience. Most of what we do likely to commit suicide. And we know tening to this, that is not Alabama. here is informed by experience, and my there is still work to be done when That is not the people of Alabama. view on this issue is informed by my LGBTQ youth are more likely to be- That may be a gerrymandered legisla- own experience as a father, as someone come homeless and to face physical and ture that represents only a small seg- who loves his son very much—as any sexual exploitation. ment, but that is not the good people I parent loves their son. It is informed Our former colleague in this body know across the State of Alabama. Re- by my experience as a lawyer, having who was here for such a long time—he gardless of their political persuasion, spent my career working for justice. was here when I worked in the Senate regardless of their age, regardless of No matter where the downtrodden in 1979 and 1980—Republican Senator their religion, those instances do not might be, I have spent my career work- Orrin Hatch of Utah spoke passionately represent the great State of Alabama. ing to make sure people are treated the on this floor last year, making an im- Those are the most recent examples, same under the law, knowing that if portant point about the scope of the but it is clear that the fear LGBTQ you can change those laws and you can challenge we still face. He said: people can feel is by no means un- get treated the same under the law, founded. Ensuring that our LGBT friends feel loved hearts and minds will follow. We have and accepted is not a political issue; we all In this Pride Month, while we cele- seen it happen time and again. have a stake in this. We all have family or brate the LGBT community and the My view is informed by my religion, loved ones who have felt marginalized in one right for everyone to live and love as my religion as a Christian and my be- way or another because of gender identity or they choose, we cannot forget that for lief that we are called upon to love one

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.009 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3335 another. It is the same and similar again in the Senate this week. Once fun, sometimes your candidate is going view expressed by our colleague Orrin again, the Senate is taking up a lot of to lose. That is what happens when you Hatch in his floor speech last year. judicial nominations, and, once again, have free elections. We are called to stand up and fight we will spend a lot of time considering I am not suggesting that Democrats for equal treatment and dignity of our noncontroversial nominees. should start rubberstamping every fellow human beings—dignity and re- Now my colleagues across the aisle item on the President’s agenda. They spect—to fight for people like my tal- have started to complain about the have serious philosophical disagree- ented and compassionate son Carson Senate’s focus on nominations. I am ments with the President’s policies, and for all other sons, daughters, pretty frustrated myself, not because and it is right that they should air nieces, nephews, grandsons, grand- we are considering these nominees—it them, but to reflexively oppose every- daughters, friends, and neighbors, all is our constitutional duty, after all— thing the President says or does simply out there who deserve to pursue a full, but because we are being forced to because he is the President is deeply ir- free, joyous, and loving life. spend so much time on their nomina- responsible. There are serious con- Today the Senate has an opportunity tions, but that is what my Democratic sequences to pointlessly delaying to stand up and make a very clear colleagues have obliged us to do. nominees, such as backlogs in our statement that we will not allow State Back in the day, most of the judicial court system or a government that government-sanctioned discrimination nominees we are considering would isn’t functioning the way it should be- of LGBTQ people. We will not continue have been confirmed without the time- cause of vacancies in leadership posi- to allow that discrimination to con- consuming cloture vote process. By tions. tinue, but we have to make that stand, this point in President Obama’s first There are even more serious and im- and that stand can start right here. It term, Republicans had required cloture mediate consequences to obstructing has already started in the House. votes on just three of President other measures. Right now, Democrats The time is now to send a message. are holding up desperately needed fund- The time is now to send a message to Obama’s judicial nominees—three, Mr. President. ing for the serious humanitarian and all people—to all people across this security crisis at our southern border country—that we in the U.S Senate be- Contrast that with today. As of June 5, Democrats have required cloture simply because it is the President mak- lieve that all people deserve to live ing the funding request. The security with dignity, free from the fear of dis- votes on 76 of President Trump’s judi- cial nominees—76 to 3. Now, of course, of our country and the well-being of crimination. tens of thousands of immigrants are at As I prepared these remarks and I some might leap to the conclusion that this is not obstruction for obstruc- stake, and Democrats are refusing to read through them and made changes, I address the situation because they thought about my old boss whose seat tion’s sake. They might assume that President Trump has been nominating don’t like the President. I now fill, Howell Heflin. It was in the In the first 8 months of this fiscal 1990s that Howell Heflin from Alabama, unqualified or deeply controversial candidates for judicial office, and the year, nearly 411,000 unaccompanied a son of the South whose relatives children and families have crossed our Democrats have no alternative but to fought in the Civil War, stood before southern border, more than in any pre- obstruct and delay the nominations— this body and said that it was time to vious full year. Resources are stretched except that is not the case because remove the Confederate battle flag to the breaking point. Shelters are Democrats have repeatedly made it from all Federal Government-sanc- overloaded, and providing adequate clear that they have no problem with tioned emblems. It was a bold state- medical care is becoming more and many of the President’s nominations ment. Now we have a son of the South more difficult. Federal agencies are standing up for what in the Bible Belt by turning around and voting for the simply running out of money. Money is that love and respect, a son of the same people they have obstructed. appropriated for the care of unaccom- South who is now talking about his That is right. Again and again, panied children could run out by the family, talking about discrimination, Democrats have voted in favor of the end of this month. That means care- and reaching out to people across the very same nominees they have delayed. givers for these children would have to aisle and within my own party to say Take Monday and Tuesday’s confirma- work without pay, and private organi- that it is time; it is time to make that tion votes on two nominees for district zations with Federal grants to care for move. judge. Democrats forced cloture votes these children would go without their So I ask my colleagues to take this on both nominees. Yet when it came step with me, to do the right thing by funding. time to confirm them, Democrats Democrats like to style themselves calling on Leader MCCONNELL to bring turned around and supported the nomi- this legislation to a vote in the U.S. as the party of openness and compas- nations. One nominee received the sup- sion, and yet they are willing to ignore Senate. Let all 100 Senators stand up port of 24 Democrats, including the and be counted one way or another. a humanitarian crisis of massive pro- Democratic whip, while the other portions out of political spite—not to Every voice counts. Let every U.S. nominee was confirmed with the sup- Senator say where they are by a vote mention the serious security issue. port of 39 Democrats, almost the entire The Department of Homeland Secu- on the Equality Act and to do it sooner Democratic caucus. rather than later. rity is being forced to divert resources Democrats aren’t obstructing be- to deal with the humanitarian crisis This is a matter of civil rights, this cause they oppose all or even most of is a matter of human rights, and this is pulling more than 700 Customs and President Trump’s nominees; they are Border Protection Officers from legal a matter of being on the right side of obstructing because they still can’t get history. We have an important oppor- points of entry to assist with the surge over the 2016 election. It has been 21⁄2 tunity right now to get it right. It is of migrants. years since the last Presidential elec- I don’t think there is a Member in right now. It is the right time. 1 Thank you. tion—2 ⁄2 years. We are closer to the this body who wouldn’t agree on the I yield the floor. next Presidential election than to the importance of fully staffing our ports The PRESIDING OFFICER. The Sen- last. Yet Democrats still can’t let the and cargo processing so we don’t create ator from Maine. 2016 election go. new vulnerabilities, but Customs and (The remarks of Ms. COLLINS per- I realize their preferred candidate did Border Protection is left with little taining to the introduction of S. 1803 not win, and I realize they are not fans choice. are printed in today’s RECORD under of President Trump, but Democrats act After 21⁄2 years of unprecedented par- ‘‘Statements on Introduced Bills and like they are the only people who have tisanship and obstruction from Demo- Joint Resolutions.’’) ever lost an election, like they are the crats, I would like to think that the Ms. COLLINS. I yield the floor. first to have to deal with a candidate Democrats would finally turn their The PRESIDING OFFICER. The Sen- they don’t like. focus to the business of government. ator from South Dakota. To my Democratic colleagues across Unfortunately, I think it is more likely NOMINATIONS AND BORDER SECURITY the aisle, I would like to say: Welcome that their obstruction will continue Mr. THUNE. Mr. President, to borrow to life in our democracy. Welcome to and that we will see a lot more point- from Yogi Berra, it is deja vu all over life in a free country. While it is never less delays when it comes to nominees

VerDate Sep 11 2014 00:09 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.010 S12JNPT1 S3336 CONGRESSIONAL RECORD — SENATE June 12, 2019 and more difficulty getting Democrats carbon dioxide to a point unprece- warming would go on to cause, and to work with us on legislation. dented in the history of the species on they knew it was bad. I do hope—I do hope Democrats can our planet; we know global tempera- Exxon scientists predicted to the hold their relentless obstruction long tures are climbing and warping the company that temperature would in- enough to provide humanitarian relief weather across our country and around crease 2 degrees Celsius by 2050 and 3 along our southern border and to ad- the world; we know our oceans are degrees Celsius by 2080. dress the increasingly precarious secu- warming and acidifying in a way that Among the report’s warnings is this: rity situation. It doesn’t seem like too the geologic record shows is a pre- There could be considerable adverse im- much to ask. cursor to massive ocean die-offs; and pact including the flooding of some coastal I yield the floor. we know the kind of action we must land masses as a result of a rising sea level The PRESIDING OFFICER (Mr. due to melting of the Antarctic ice sheet. take to stop these changes and to avoid . . . Such a rise would cause flooding on LANKFORD). The Senator from Rhode their worst consequences. We have much of the U.S. East Coast, including the Island. known this, in fact, for a very long state of Florida and Washington, D.C. Mr. WHITEHOUSE. Mr. President, I time. Exxon’s 1982 report stated that unre- came here to make my climate re- However, the fossil fuel industry, just strained carbon emissions have the po- marks, but I can’t resist the oppor- like the tobacco industry before it, tential to cause ‘‘great irreversible tunity—both as a Senator who actually whose apparatus it appropriated for harm to our planet.’’ ‘‘Irreversible.’’ gets quite a lot of bipartisan legisla- this purpose, used phony manufactured Interestingly, that is a word Donald tion passed with my Republican friends doubt as its weapon of choice to fight Trump and his family used about cli- but also somebody who sits on the Ju- against climate action. For decades, mate change in 2009 when they signed diciary Committee—to point out that the fossil fuel industry and its armada this full-page ad in the New York there actually are quite a few firsts of phony front groups waged a delib- Times calling climate science irref- happening that I think help explain erate campaign of lies, propaganda, and utable and saying that the effects of why the floor has become a battle- political pressure. At the vanguard of climate change would be ‘‘catastrophic ground for so many of these nominees. this effort was ExxonMobil—America’s and irreversible.’’ Yes, those Trumps. One first has been that this is the largest and most influential oil com- Exxon understood that there was nat- first time, I think, in anybody in the pany. ural variability in the climate system. Senate’s lifetime experience in which Internal reports uncovered by Before humankind began emitting the blue slip is not honored for circuit InsideClimate News show just how well massive amounts of carbon pollution court judges, in which a judge on the Exxon privately understood the cli- into the atmosphere, global average circuit court of appeals associated with mate science, even before the public temperature fluctuated by around half the Presiding Officer’s State of Okla- was aware of the issue. a degree Celsius on either side of its homa or my State of Rhode Island—we This graphic shows the cover page of long-term average. This natural vari- get rolled. We do not have the ability an internal Exxon briefing, prepared by ation allowed Exxon to claim that an to approve or disapprove those judges. Exxon scientists in 1982—1982—to in- increase in global temperatures of up That is a long tradition of the Senate form Exxon management about what to half a degree Celsius could be due to summarily thrown out. they termed ‘‘the CO2 greenhouse ef- natural causes. This is the first time, I think in the fect.’’ The report says it was not to be This chart from the Exxon report ex- history of the United States, in which distributed outside the company. plains that the signal would become the selection of judges is being done by Exxon scientists reported to Exxon undeniable—no half-degree-Celsius ex- a private group funded with anony- management in this 1982 report that cuse—the signal would become undeni- mous money. That is a very bizarre there is ‘‘little doubt’’ that atmos- able that this was human-caused way to go about picking judges. That is pheric CO2 concentrations were in- warming around the year 2000. the way it is taking place right now. In creasing and increasing due to fossil Exxon also understood that we need- fact, the gentleman named Leonard fuel burning. They state in this report ed to act quickly to head off the worst Leo from the Federalist Society who is that the resulting greenhouse effect harm. Here is what Exxon’s scientists doing the picking was admitted by ‘‘would warm the earth’s surface, caus- told the company: ‘‘Once the effects Trump’s legal counsel to have been ing changes in climate affecting atmos- are measurable, they might not be re- insourced for the selection process. pheric and ocean temperatures, rainfall versible and little could be done to cor- That is a first. We never had a private patterns, soil moisture, and . . . poten- rect the situation in the short term.’’ organization pick our Federal judges tially melting the polar ice caps.’’ Exxon scientists knew what had to be funded with anonymous money. That was in 1982. done: ‘‘Mitigation of the greenhouse ef- Finally, there are some qualified ap- In 1982, Exxon also projected future fect would require major reductions in pointees to the bench. I voted for a global temperature increase based on fossil fuel combustion.’’ considerable number, when I thought their own expectations of fossil fuel In 1982, 37 years ago, Exxon under- they were qualified. The problem is, burning. The Exxon modeling projected stood climate science very well. They when the unqualified ones come that by 2019, atmospheric CO2 would understood the uncertainties. They through, they get stuffed through just reach between 390 and 420 parts per knew how much global temperature like anyone else. It is a rarity when we million. This in a band of 170 to 200 could increase. They pegged it nearly get somebody so flagrantly unqualified parts per million that had prevailed perfectly. And they knew the damage as the lawyer who did not know what a through the entire history of our spe- climate change would do, and they told motion in limine was—a standard mo- cies on the planet for millions of years. Exxon management. tion before any trial in a Federal They predicted we would jump out of What did management do with this court—had no idea what it was. It was that boundary to between 390 and 420 knowledge? Did they invest in low-car- actually a Republican Senator who was parts per million, and they predicted bon energy to develop the technologies able to determine that and asked fur- then that global average temperature needed to avert a future catastrophe? ther questions because, frankly, it is in 2019 would be around 1 degree Cel- Did they work with governments on pretty astounding to want to be a trial sius warmer. policies that would reduce carbon judge and not know what that is. So Fast-forward from 1982 to today. It is emissions and climate risk? Did they there have been some firsts, and if we 2019, and guess what. CO2 concentra- use their political might to move car- could go back to where we were before- tions are currently 415 parts per mil- bon capture front and center? No. In- hand, I think we would see a smoother lion. And guess what. Temperature has, stead, they set out on a campaign to process. in fact, increased about 1 degree Cel- sow false doubt about climate science, CLIMATE CHANGE sius. In 1982, Exxon scientists almost to attack climate scientists, to block Mr. President, I am here today for perfectly predicted how fossil fuel any good climate policy, and, of course, my weekly ‘‘Time to Wake up’’ speech. burning would warm the world and told to extract and sell ever more fossil We know a lot of things now. We Exxon management in this report. The fuel. They knew it would be at the ex- know our atmosphere is filling with scientists understood the damage this pense of the rest of society. They knew

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.012 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3337 it would be at the expense of future tion the 1982 report, which modeled proximity to an actual carbon pricing generations. They knew it would cause very well the climate effects. Exxon by bill. great, irreversible harm. They did it then had sat on the 1982 report for 33 Science writer and environmentalist anyway. years. Bill McKibben sums up Exxon’s climate Here are some highlights from If this all seems somehow familiar to strategy well. I quote him here: Exxon’s false-doubt campaign. you, it ought to be because Exxon stole [T]he world’s largest and most powerful oil In 1996, 14 years after the 1982 report, its false-doubt strategy directly from company knew everything there was to know Exxon produced this publication: the tobacco industry’s science-denial about climate change by the mid-1980s, and ‘‘Global warming: who’s right? Facts playbook. then spent the next few decades systemati- about a debate that’s turned up more In 1999, the Department of Justice cally funding climate denial and lying about questions than answers.’’ Here, Exxon filed a civil lawsuit against the major the state of the science. paints climate science as uncertain. It tobacco companies and their associated That is its record. It is responsible includes a statement by Exxon’s then- industry groups, alleging that the to- for where we are in Congress. After the CEO Lee Raymond that the ‘‘scientific bacco companies had ‘‘engaged in and Citizens United decision, it paid to evidence remains inconclusive as to executed—and continued to engage in slaughter bipartisanship in Congress on whether human activities affect global and execute—a massive 50-year scheme climate change with its new Citizens climate.’’ Raymond didn’t mention the to defraud the public.’’ United political weaponry. It paid a conclusions of the 1982 report com- In 2006, U.S. district court judge whole armada of front groups to lie pletely exploding that statement—a re- Gladys Kessler, in a lengthy and au- about climate change, and those front port they had then sat on for 14 years. thoritative opinion that was upheld on groups are still out there and are still Directly contrary to Exxon’s 1982 re- appeal by the U.S. court of appeals, lying. The industry is behind the re- port, Raymond also warned against found the tobacco companies’ fraudu- lentless climate antagonism we have what he called ‘‘precipitous, poorly lent campaign to have amounted to seen from business groups, like the considered action on climate change,’’ racketeering. In her ruling, she found U.S. Chamber of Commerce and the Na- and he claimed that there was ample that the tobacco industry ‘‘coordinated tional Association of Manufacturers, as time to wait and better understand the significant aspects of their public rela- if clean and renewable energy doesn’t climate system. But the 1982 Exxon re- tions, scientific, legal, and marketing involve commerce and manufacturing. port understood it quite perfectly. activity in furtherance of a shared ob- It created and funded a vast apparatus Then came this 1998 Exxon publica- jective—to . . . maximize industry of denial and obstruction, and it has tion: ‘‘Global climate change: every- profits by preserving and expanding the lied and lied and lied. one’s debate.’’ It is full of the familiar, market for cigarettes through a There is every reason to believe that phony climate-denial arguments. In scheme to deceive the public.’’ the oil industry, with Exxon at the this publication, Exxon CEO Raymond Take that sentence and replace the lead, remains just as opposed to mean- word ‘‘cigarettes’’ with ‘‘fossil fuel,’’ writes: ‘‘The current state of climate ingful climate action today as it has and Judge Kessler’s finding describes science is too uncertain to provide been for three decades. With its long exactly what Exxon and other compa- clear answers to many key questions history of lying, it is easy to believe nies did: coordinated significant as- about global climate change.’’ Well, that whatever corporate sinews might pects of their public relations, sci- the 1982 report had enough answers for bind Exxon to the truth are long atro- entific, legal, and marketing activity them to know what to do. Raymond phied and degraded and that this is just in furtherance of a shared objective—to didn’t mention the 1982 report. another chapter in the industry’s great maximize industry profits by pre- Nineteen ninety-eight was a year climate scam—that this is the ‘‘pre- serving and expanding the market for after the Kyoto Protocol. The fossil tend to support a carbon price’’ chapter fossil fuel through a scheme to deceive fuel industry fought to ensure that the of the scam. the public. United States would never ratify that Even if somewhere in Exxon’s cor- In the face of increasingly obvious porate bowels there were some flicker protocol. and overwhelming evidence, Exxon and Exxon helped the American Petro- of sincerity, it would not be enough for the fossil fuel industry have recently leum Institute develop a plan they Exxon to just stop the scam. After all backed away a little bit from their called the ‘‘Global Climate Science of the evil Exxon has done, it needs to false-doubt efforts on climate science, undo its evil, not just stop doing evil. Communications Action Plan.’’ The but have they really changed their It is not enough to stand next to the plan was to sow false doubt—doubt stripes, or have they, in their long bat- burning house you have lit on fire and that the 1982 report completely blew tle to prevent meaningful climate ac- pledge no further arson. Even if you out of the water—about climate tion, just fallen back to new battle- are sincere about no further arson, it is science. The plan said: ‘‘Victory will be ments? achieved when . . . average citizens Take carbon pricing. Economists still not enough. You need to help step and the media ‘understand’ uncertain- from across the ideological spectrum in and put the fire out. You need to put ties in climate science.’’ It set out a say carbon pricing is the most efficient your heart and your back into putting national media strategy to exaggerate and the most effective way to reduce out the fire that you lit. the uncertainties in climate science, carbon emissions. In the past year, When you are sincere, Exxon, I will including a plan to ‘‘identify, recruit, Exxon and BP each announced that be in. Let’s solve this. Yet you have a and train a team of five independent they supported carbon pricing and long record and much to atone for. scientists to participate in media out- would give $1 million to Americans for Meanwhile, our planet remains on reach.’’ Train a team. It planned to dis- Carbon Dividends, a group advocating course for the great, irreversible harm tribute a ‘‘steady stream of climate for carbon pricing. But these donations your own scientists predicted nearly science information’’—for that, read are a drop in the bucket compared to four decades ago. ‘‘misinformation’’—to science writers, the tens of millions Exxon has given to It is due to Exxon’s political mischief newspapers, and TV journalists around political machinery peddling climate that we have yet to wake up in Con- the country. denial and opposing carbon pricing or gress to what Exxon itself predicted 37 If you think Exxon’s false-doubt cam- compared to the $13 million BP just years ago. paign is a thing of the distant past, spent to defeat Washington State’s car- I yield the floor. think again. At Exxon Mobil’s 2015— bon pricing initiative. The PRESIDING OFFICER. The Sen- this decade—shareholder meeting, Senator SCHATZ and I have some ator from Texas. Exxon CEO Rex Tillerson was still al- firsthand experience because we have SOCIALISM leging uncertainty, saying that we introduced a revenue-neutral carbon Mr. CORNYN. Mr. President, I con- ‘‘don’t really know what the climate fee bill in the last three Congresses. I fess that my fascination—or maybe effects of 600 parts per million versus can assure you, Exxon has made no ef- ‘‘obsession’’ is another word to describe 450 parts per million will be, because fort to support it. it—with what some people proclaim to the models simply are not that good.’’ Industry support for carbon pricing be their newfound belief in socialism is Tillerson, like Raymond, didn’t men- seems to mysteriously evaporate in really a mystery to me. It is something

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.014 S12JNPT1 S3338 CONGRESSIONAL RECORD — SENATE June 12, 2019 I have thought and read quite a bit So those who claim that these Scan- will be no shortage of miseries to about just so I could try to understand dinavian countries with social security share. what they could possibly be thinking. programs are shining examples of so- I urge all of our colleagues and all A recent poll found that 4 in 10 Amer- cialism could not be more wrong. These Americans to learn, to share the les- icans say they prefer living in a social- countries largely operate free markets, sons of history, and to remind our fel- ist country to a capitalist country—40 and they are the first to correct us and low citizens that so-called democratic percent. For those of us who have wit- say they are not socialists. Neverthe- socialism is nothing more than a Tro- nessed the rise and fall of socialism less, so-called democratic socialists jan horse that would destroy our coun- over the course of our lives or who continue to name these countries as try and destroy our way of life. Most have even read about it in the history successful examples because the only fundamentally of all, it would destroy books, that is a major cause for con- true examples of socialism don’t poll the American dream. cern. Yet today’s socialists try to dis- quite nearly as high. The prime exam- We can look around America and find tinguish themselves from those coun- ple is Venezuela. good examples, but, of course, I am tries that have actually implemented Venezuela’s troubled story began in partial to the example of the State of socialism—Venezuela, the Soviet the late nineties when then-Presi- Texas as to how free market ideals and Union, Ethiopia, Zimbabwe, Tanzania, dential candidate Hugo Chavez deliv- less government can produce more and other failed socialist nations. They ered an impassioned speech that prom- prosperity, more freedom, and a better are saying that they are democratic so- ised to lead Venezuela into a socialist quality of life. Yet, if our Democratic cialists. paradise. He talked about the country’s As a matter of fact, one of our Senate wealth being stolen by evil capitalists friends—particularly those who are colleagues who is running for Presi- and greedy corporations, and he prom- running for President—get their way dent—the junior Senator from ised hope and change if he were elected. with Medicare for All, the Green New Vermont, not the distinguished Sen- That sounds pretty similar to what we Deal, and a host of other disastrous ator on the floor—is speaking today at hear from the so-called democratic so- policies, the sort of prosperity and op- an event in defense of democratic so- cialists today. portunity and freedom of choice that cialism. I have to say, if you ask me, For any Americans who wonder if you see now in places like Texas will be that is an oxymoron. You can’t support that hope and change being promised out the window. democracy and socialism at the same by these candidates might actually When our friend the minority leader, time. Those two ideals are completely work, let me reassure you that there the Senator from New York, calls the at odds with one another. Yet what we would be a lot of change but that it Senate a legislative graveyard, in one see happening is people who use labels would not be the type of change you respect, he is entirely right, because we to confuse the American people and would want. Again, look at Venezuela. are going to do everything we can to who claim to be what they are not—lit- The government took over businesses, make sure the U.S. Senate is a firewall erally being Trojan horses for ideas shut down free markets, and sup- against these disastrous socialist poli- that have been demonstrated to have pressed free speech. As a result, one of cies. the richest countries in the world is failed throughout the world’s history. ELECTION SECURITY Many of these so-called democratic now among the poorest. Basic commod- Mr. President, on another matter, socialists have gotten into the habit of ities like food, medicine, and water are there has been a lot of discussion since suggesting that Scandinavian coun- in short supply. About 6 months ago, I the election of 2016 about election secu- tries are successful models for their myself was at the border between Co- rity, and correctly so. With the first ideology. They will point to the eco- lombia and Venezuela, and I witnessed primary of the 2020 election being only nomic successes of these countries, Venezuelans going across the border 8 months away, there could not be a combined with their expansive govern- into Colombia in order to pick up some more critical time to discuss the work ment-run programs—free higher edu- of the basics of life—medicine, food, that has been done since 2016 to secure cation, universal healthcare, subsidized and the like. Of course, with regard to freedom of our Nation’s election infrastructure. childcare. They will say: ‘‘Look, it the press, well, you can throw that out works.’’ Robust welfare programs are There has been a lot of focus over the the window in Venezuela, and, of 1 not the cornerstones of socialism, al- last 2 ⁄2 years on what exactly did and course, crime rates have skyrocketed. though many seem to think that this is did not happen in 2016. We know there That is why you don’t see caravans of was a lot of meddling by Russian state the case. people attempting to immigrate to The poll I mentioned earlier found actors who tried to sow discord and countries like Venezuela—it is just the that there is a broad disagreement confusion and pit American against opposite. The United Nations an- about what exactly constitutes social- American through the use of social nounced last week that more than 4 ism. To me, one of the most interesting media and propaganda. There is one million people have escaped Ven- findings of some of the polling is when piece of information that has remained ezuela—4 million refugees from Ven- you ask some people what ‘‘socialism’’ perfectly clear—and it is of some com- ezuela—and that a quarter of those is, they say, ‘‘Well, that is being so- fort to me—which is that no votes were have left in the last 7 months. The UN actually changed or altered, but we cial.’’ They also say, ‘‘Well, it is uni- Refugee Agency referred to this mass versal healthcare, tuition-free edu- can’t assume this will be the case in exodus as the ‘‘largest in the recent the future. What we did see was a con- cation, and a living wage.’’ Only two- history of Latin America and the Car- thirds of the people say it involves a certed effort by the Russian Govern- ibbean.’’ ment to infiltrate our systems and sow state-controlled economy, and fewer That is what happens under social- still believe socialism involves the division and discord among Americans, ism. Citizens flee poverty, government as the Presiding Officer knows, which state control and the regulation of pri- control, and corruption in search of op- vate property, the media, and commu- was the conclusion reached by the in- portunities to build better lives for telligence community assessment in nications. themselves. The trouble is, no matter January of 2017, which was supported Let me be clear. The most funda- what word you put in front of the word by the Senate Intelligence Commit- mental aspect of socialism isn’t the so- ‘‘socialism,’’ it doesn’t really matter tee’s unclassified summary of that as- cial benefits it provides; it is having because it is still socialism. the government in control. It is the I think Winston Churchill summed it sessment last summer, and which was surrendering of your individual free- up best, as he frequently did, when he again reiterated in Special Counsel dom and choices to government coer- said: Robert Mueller’s recent report. cion and brute force. That is the only The inherent vice of capitalism is the un- I don’t want to mince words on this way people can be forced into limiting equal sharing of blessings. The inherent vir- point. Any attempt, successful or un- their freedom, their activity, and their tue of Socialism is the equal sharing of mis- successful, to interfere with our elec- incomes is by brute government force. eries. tions is unacceptable and would se- That is the single most important, dis- I can assure you that if these demo- verely undermine our self-government tinguishing feature of socialism. cratic socialists get their way, there and our Democratic values.

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.016 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3339 Across the Federal Government, they need to safeguard our efforts and unaccompanied children who cross the there was an immediate effort to pre- to prevent foreign governments from border—is running out of money. They vent what happened in 2016 from re- meddling in our democratic processes. are expected to exceed their Federal peating itself in 2018. The Intelligence I yield the floor. appropriations by the end of this Committee began investigating meas- The PRESIDING OFFICER. The Sen- month. Because they are running out ures taken by the Russian Government ator from Vermont. of money, they have already begun to in 2016 to find out, one, what happened, BORDER SECURITY scale back on services that are not and, two, how we can prevent that from Mr. LEAHY. Mr. President, we have critical for life and safety, including happening in the future. had many discussions on what is hap- education, recreation, and legal serv- While there was evidence of contin- pening on appropriations bills. So I ices. We ought to take action. Customs ued disinformation campaigns, the In- thought I could help clear some things and Border Protection processing fa- telligence Community found that 2018 up. cilities are vastly over capacity. That was largely interference-free. Again, Next week, the Senate Appropria- not only creates dangerous conditions we can’t assume that will be the case tions Committee will mark up a sup- for the migrants who are in our care going forward, but 2018, thankfully, plemental appropriations bill. We are but also dangerous conditions for our was largely interference-free. That was doing this to address the humanitarian Border Patrol staff. the conclusion of the FBI Director, crisis, which it is, on our southern bor- We have seen these pictures of men Chris Wray, but he called 2018 ‘‘a dress der. There is absolutely no need for and women and children sleeping out- rehearsal for the big show,’’ and that is this to be a partisan process. So many side with Mylar blankets in temporary the 2020 Presidential election. of us, Republicans and Democrats, shelters, under bridges, and in over- We have to continue to work to agree we need to address the humani- crowded conditions inside facilities strengthen our efforts to protect our tarian crisis on our southern border. that cannot accommodate them. I have elections, and I believe we are already We have seen the news reports show- seen this. It cannot continue. We have doing some good work in the Senate to ing crowded conditions at Custom and to do better. We Americans have Amer- accomplish exactly that. Just last Border Protection facilities. We have ican values. We should act like it. week we passed the Defending Elec- seen the pictures of women and chil- The Senate Democrats are willing to tions against Trolls from Enemy Re- dren sleeping outside on the ground be- provide money to address these prob- gimes Act, or the DETER Act. This cause the facilities are full. I have gone lems. We have a responsibility to do legislation was introduced by our col- through places where they basically so—Republicans and Democrats both— leagues Senator GRAHAM and Senator have cages holding children—and this but we also have a responsibility to put DURBIN, and it sends an important mes- is happening in America. And we have basic conditions on this money. We sage to foreign governments that at- seen the numbers of unaccompanied want to make sure the taxpayers’ dol- tempts to meddle in our elections will children in our care swell as kids come lars are appropriately spent. We cannot not be tolerated. across the border looking for help and provide a blank check, especially to That legislation makes individuals compassion. this administration. who have done that—who have at- Now, most of these people are fleeing HHS and DHS facilities have to meet tempted to interfere in our elections— violence or dire poverty in their home appropriate standards. So the care we categorically inadmissible to the countries. Most know how dangerous provide reflects the fact that we are United States. the trek north will be, but they feel Americans with American values. We It passed by unanimous consent here they have no choice but to make the must not let detainees languish out- in the Senate, meaning not a single trek anyway. Some have said they doors in 100-degree temperatures for Senator voted against it. know they may die on the trek north, more than 30 days without showering In addition, I hope we will soon vote but they are going to die from gang vi- or changing clothes—and that is hap- on the Defending the Integrity of Vot- olence and the murderers back home if pening. ing Systems Act, which was introduced they do not. They fear for their lives. Children in our care should only be by Senators GRAHAM, WHITEHOUSE, and By the time they reach us, they are housed in facilities that meet State li- BLUMENTHAL. This legislation amends exhausted, they are scared, and they censing requirements—not in cages. the Computer Fraud and Abuse Act to are hungry. The vast majority actually They should have access to education, make it easier to federally prosecute just turn themselves over to Border recreation, and legal services. DHS individuals who engage in election in- Patrol Agents as soon as they cross should not be using information on po- terference. It is an important way to into the United States. Rather than try tential sponsors for unaccompanied protect voting machines and fight back to evade law enforcement, they look children to deport them. We found that against those who seek to undermine for the U.S. authorities in uniform. has happened. We had people willing our democratic processes. I hope these They turn themselves in to them and and capable of taking care of these bills and others like them can quickly are then escorted by Border Patrol children instead of the U.S. taxpayers work their way through Congress so we through the billion-dollar, actually spending thousands upon thousands of can get them to the President’s desk useless, Trump wall. They are not dollars. Instead of saying thank you, ahead of the 2020 election. looking to do us harm. They are look- we say: Well, we are going to check What we tonight want to do is to cen- ing for mercy. your background. Maybe we should de- tralize our system of local and State- Now, we may disagree about what port you. run elections here in Washington, DC. has led to this crisis and what changes It makes me think about the number Actually, one thing we learned is that may be needed to our immigration sys- of people who have served in our mili- the decentralization of our voting proc- tem. But I take issue with claims from tary and overseas that are immigrants ess locally and in the States has been across the aisle that Democrats oppose and then get deported. Now, that is one of the most significant protections any and all solutions to address this hard to understand. It is probably easi- against interference in our elections. crisis. Everybody knows that is simply er to understand for people who have But, of course, in addition to our legis- false. refused to serve, but it is hard to un- lative efforts, we have approved hun- We have a responsibility to make derstand. dreds of millions of dollars in funding sure that the people in our care are That is no different than saying: Oh, to help States prevent future election treated humanely. After all, we are you served our country, you faced dan- interference. Americans. We ought to show the gers, and you were shot at wearing the When the American people cast their world we stand for American values. As uniform of this country. But we are ballot in 2020, they should be able to do vice chairman of the Appropriations throwing you out. so with confidence, and that is pre- Committee, I take this responsibility Now, Members of Congress with over- cisely what we are working to provide. seriously. sight responsibility of these Agencies We will continue our work to ensure The Department of Health and should be able to have access to deten- that State, Federal, and local election Human Services Office of Refugee Re- tion facilities. The Trump administra- officials have the tools and resources settlement—the Agency that cares for tion should not request these resources

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.018 S12JNPT1 S3340 CONGRESSIONAL RECORD — SENATE June 12, 2019 from Congress and then not tell Con- We should insist they are used for the I see another Senator is waiting. gress what they are going to do with it purposes that Republicans and Demo- I yield the floor. by saying: We sure as heck are not crats voted for them to be used. The PRESIDING OFFICER. The Sen- When President Trump decides to going to let any Member of Congress— ator from Tennessee. Republican or Democrat—see what we withhold a half a billion dollars of that Mrs. BLACKBURN. Mr. President, do with it. funding, that is self-defeating. That Money appropriated for humani- does about as much to stop illegal im- thank you for the recognition and op- tarian assistance should be used for hu- migration as tweeting about it does. portunity to speak with my colleagues manitarian assistance. It should not be So in addition to being ready, will- about an issue that I think is so incred- diverted to pay for a wall, which would ing, and able to help address humani- ibly important. do nothing to solve this humanitarian tarian issues at the border, Democrats We just heard the Senator from crisis. are also advocating for longer term so- Vermont discuss the issue at the south- Now, these should not be controver- lutions that both parties should sup- ern border. I made a return trip—one of sial propositions. They are reasonable port if we are serious about solving many I have made to the southern bor- conditions to include. They should get this crisis. der over the past decade—this past Fri- bipartisan support. We can do it if Re- As some Senators recall, when I was day. I have to tell you, I thought this publicans want to, but what we are not chairman of the Senate Judiciary Com- situation was just a terrible situation a going to do is allow the Trump admin- mittee, we had months of hearings, decade ago. As I have continued to istration to use this humanitarian cri- weeks of markup, hundreds of pieces of visit and work on issues that deal with sis to supplement funding for an en- information coming, and witnesses, illegal immigration, illegal aliens, forcement agenda that is not only con- and I brought a comprehensive immi- working on immigration reform over troversial but also ineffective and gration bill to the floor 6 years ago. the past decade, many times with great cruel. There were 68 Senators, Republicans frustration because we cannot achieve For example, the President has asked and Democrats alike, who voted for it. bipartisan agreement, I saw a situation for funding to increase ICE detention Even though it passed the Senate, the on the southern border this trip that facilities by 7,600 beds. There is no need Republican Speaker of the House re- was far worse than I ever could have for this increased funding. We should fused to bring it up. imagined. The irony is that yesterday the Act- not provide it. In the middle of all of this are some ing Homeland Security Secretary testi- The administration’s inclination at very brave Border Patrol agents, ICE fied that if we had enacted that bill— every turn is to just use detention to agents, DHS agents, Coast Guard that the bill I brought to this floor, which 68 solve our immigration problem, while are there providing healthcare—they Senators voted for—it would have not actually working to solve our im- are carrying out their job every single migration problem, at enormous cost made a difference in the current crisis. It is unfortunate that the Republican day. I am grateful to them for their to the American taxpayers. It is expen- service. I am so impressed by their re- sive, inefficient, and it is wrong. The Speaker blocked it. He did say it would violate the Den- solve to protect this Nation—to protect other thing is that it does not work. nis Hastert rule, and they had to up- it. Alternatives to detention exist. They hold that. Well, no, it violated common There is a lesson we could learn from are safe, effective, and enormously less sense by not bringing it to a vote. these Border Patrol agents. As they go expensive to the taxpayers. So as we did back then, any immigra- out, underfunded, disrespected, not The administration needs to use the tion reform we consider today has to be knowing what they are going to en- resources it has for ICE detention serv- done on a bipartisan basis. That is how counter, there is a lesson that every ices to house those people who truly we got the big vote here. I know that single American could learn. These present a danger to our communities. these are controversial matters. Of men and women are dedicated. They Yes, house somebody who is a criminal. course they are. That is why we strug- show up. They do their job. They House somebody who has a criminal gle over them. But bipartisanship is value—they value—citizenship in this record. But do not lock up every man, the only way to get things done around country. They value this Nation’s sov- woman, and child simply for being here here. ereignty. And one of the things they without proper documentation, spend- Given the urgency of the need on the know is that citizenship—citizenship— ing thousands upon thousands of tax- southern border, I hope my Republican is something the American people payer dollars to lock up a 5-year-old. colleagues will not use this bill as a ve- should hold very dear. It should not They are really not the people we hicle to force debate on divisive immi- come to somebody illegally approach- should worry about. But the Trump ad- gration proposals that should be left to ing our country. It should not come to ministration’s dramatically escalating the authorizing committees, not to the somebody who is coming here to do us the arrest and detention of immigrants Appropriations Committee. If we turn harm. who have no criminal record makes no this into a protracted debate about im- sense. It is an enormous waste of tax- I will tell you this: To enter one of migration reform, we will only delay those reception centers or retention payers’ dollars. much needed humanitarian assistance We carefully negotiated ICE bed lev- centers in the El Paso sector—which is on the southern border. there in Southwest Texas and right on els in the fiscal year 2019 Homeland Se- We could do both. Pass the appropria- the New Mexico-Mexico border—is to curity appropriations bill just a few tions bills, but then let’s have a real enter an area where you can just feel months ago, which got strong bipar- debate, as we did a few years ago, on the chaos and the uncertainty. It per- tisan support. That was just a few immigration reform, something that meates the air. months ago; there is no reason to re- got two-thirds of the Senate—Repub- visit it now just a few months later. licans and Democrats—to vote for it. People know this is difficult. The Congress should also ensure that As I said at the beginning, consider- American people should know this is funding it approved 2 years ago—over- ation of a supplemental appropriations very difficult. It is a terrible situation whelmingly, by both Republicans and bill to address the humanitarian crisis that our men and women of the Border Democrats—to deal with the root should never be a partisan issue. We all Patrol are dealing with—to see young causes of immigration from Central want to make sure that we appro- mothers alone with their babies, wait- America is spent for those purposes. If priately care for the vulnerable fami- ing for answers from a Federal agency we do not deal with the reasons people lies seeking refuge at the United States about where they are going to go or are leaving their countries, of course of America’s border. what is going to happen to them be- they are going to keep coming. That is I urge all Members to focus on areas cause somebody in Central America just common sense, and that is why we of agreement in this package. There lied to them—a cartel lied to them, appropriated these funds. That is why are a lot of areas we can agree on, Re- misrepresented to them what they Republicans and Democrats voted to publicans and Democrats. Focus on it, were going to see. appropriate these funds and the Presi- pass it, and get assistance out the door I heard from a Border Patrol agent dent signed those appropriations bills. as quickly as possible. that there are adults who are saying:

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.019 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3341 Well, this is not what we were prom- If it were just a question of numbers, hire agents and staff, and to bolster ised. This isn’t what we were expect- the situation may seem more manage- law enforcement’s ability to shelter ing. Maybe we should just go back able. But as I mentioned, disease, and protect unaccompanied minors. home. They were lied to. drugs, and a frightening disregard for Our border agents need this money to This is why we need to get busy with the law have transformed these border protect our border and to protect our changing the asylum laws, the magnet stations into refugee zones. Nation’s sovereignty. that is pulling people here. Change Right now, agents at camps are Yesterday, before the Senate Judici- this. It is why I applaud the efforts of working overtime every single day, ary Committee, acting DHS Secretary the President for making certain that trying to keep up. Loopholes in regula- Kevin McAleenan expressed serious we are dealing with Mexico—having tions controlling the release of unac- concerns for Border Patrol agents who them secure their southern border, companied minors to purported are forced to play the part of a trans- having them call out the National custodians are endangering the 11,507 lator, caregiver, counselor, and nurse. Guard to make certain these cartels children who crossed the southern bor- Let me ask a question. What do my are not able to operate in Mexico. der in May of 2019. colleagues think would happen if the Our Border Patrol—as I said, I am I want to be certain everybody under- Border Patrol decided they had had it? just so grateful we have them, and stands this: 11,507 is the number of They had had it. They were tired of it, without Americans knowing, they are children who crossed that southern and they were not going to show up for blessing our lives every single day be- border in the month of May. work, to work overtime, to work hard cause they show up and do the job that To make things worse, we are seeing hours, to do a job they are not trained is in front of them without proper re- child predators and traffickers cross to do. They are trained to protect the sources because there has not been bi- the border in increasing numbers. Girls border; they are not trained to be a partisan agreement here. as young as 10 years of age are being caregiver and a nurse. What would hap- Then, every day they go home, and given pregnancy tests—10-year-olds— pen if they reached the breaking point, they have encountered people who have because traffickers or adults who are and they didn’t show up—because, let measles, mumps, H1N1 flu, TB, scabies, not family members are the ones who me tell you something, this border has lice. That is what they are exposed to are bringing them in. This is an area reached a breaking point. every single day as they do their job. where my colleagues across the aisle It is time for us to realize, yes, there Healthcare is not their job. Securing need to work with us and put a stop to is a crisis. It is a humanitarian crisis; the southern border is their job, and this. We don’t know if these children it is a national security crisis, and it is everybody who is against giving the are going to smuggling rings, or sex time that our Border Patrol be shown Border Patrol what they need to secure rings and being sent to a pimp, or to the respect—the respect they deserve that border needs to begin to think labor gangs and being sent to a boss. by funding the needs that they have to twice about that and have compassion We don’t know because many of the protect each and every one of us and to for these men and women who are on people who are the so-called custodians help keep this Nation safe and secure. the frontline. who are accepting these children, who I yield the floor. The appalling conditions absolutely are their sponsors, guess what, they are The PRESIDING OFFICER. The Sen- shock the conscience, but they didn’t in the country illegally. ator from Nebraska. surprise me. This is what is happening On June 7, border agents seized because people think they can get by enough fentanyl to kill nearly 2 mil- YEAR-ROUND SALE OF E15 with coming here illegally. Last lion Americans. I was there in that Mrs. FISCHER. Mr. President, yes- month, 144,000 migrants crossed the port when they seized 5 kilos, but the terday I had the privilege of joining border—last month. In Tennessee, that drug lords and the cartels are President Trump in Nebraska and Iowa is just under the size of Clarksville, undeterred. They are so bold in this; do for the official announcement of the TN. Think about a whole city coming you know what they are doing now? year-round sale of E15. The announce- in. They are posting Facebook ads solic- ment is the product of years of work In the first 8 months of this fiscal iting mules to run their deadly product across party lines to fight for the hard- year, 411,000 unaccompanied children across the border. We have to do bet- working agriculture producers in Ne- and families made that same journey. ter. This is something that should no braska. This past weekend, when I was out longer be up for debate. If you ask any family who lives in with the Border Patrol, 12 people in 3 I sponsored the Accountability for rural America, they will tell you how groups were apprehended right in front Care of Unaccompanied Alien Children important fuel prices are in their lives. of me. That was in the timespan of 30 Act to codify information-sharing With longer-than-average daily com- minutes. There were four from Hon- agreements between the Department of mutes to work or to drop off their chil- duras, and eight were from Cuba. That Homeland Security and the Depart- dren at school, escalating gas prices is just a handful of the approximately ment of Health and Human Services. make life more difficult for everyone. 1,000 illegal aliens per day who are ap- This would help protect minors from A needless barrier has restricted con- prehended in the El Paso sector. the ravages of exploitation and human sumers from filling up their vehicles Ninety percent of those people come trafficking, but that protection isn’t with E15 fuel during some of the busi- as family units, clogging a system de- possible if there are not going to be est months of the year—the summer signed to process adults traveling agents able and available to check on driving season. Each year, from the be- alone. The sheer number of people our who is attempting to claim these chil- ginning of June to mid-September, re- agents are struggling to process and dren. tailers were unable to offer fuels with control is staggering. I know some of my colleagues on the higher blends of ethanol without a Fed- Right now, the facilities at the El other side of the aisle are not for these eral Government-issued waiver. This Paso border station house are taking in agencies sharing this information, but means that renewable solutions to 1,247 illegal aliens. That facility is let me tell you something. If this is reach our Nation’s vital fuel needs built to accommodate 123. At just one going to help keep children safe, if it is have been needlessly anchored to an station in the El Paso sector, $26,000 a going to keep them out of these sex older era. The ban on the year-round day is spent on food, just food—food. trafficking and human trafficking sale of E15 has robbed Americans of an Where are they getting this money? It gangs, we need to know who is a crimi- opportunity to save money at the has not been appropriated. They are nal alien, who is in this country ille- pump with the purchase of a cleaner taking it out of their operations budg- gally, and these children do not need to fuel. ets. This is why they need us to surge be sent to them. Nebraska stands proudly as the larg- resources to the southern border—re- We know the White House in May est producer of biofuel west of the Mis- sources for more agents, resources for sent an emergency request for $4.5 bil- souri River. We are home to 25 ethanol more technology, resources for a bor- lion in funds to increase shelter capac- plants, which produce a total of more der wall to stop illegal entry into this ity at the processing centers, to feed than 2 billion gallons of renewable fuel country. and care for the detained migrants, to each year. According to the Nebraska

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.021 S12JNPT1 S3342 CONGRESSIONAL RECORD — SENATE June 12, 2019 Ethanol Board, our ethanol plants pro- fairly simple but compelling. We said E15 is whose years of determined efforts vide over 1,300 good-paying jobs to Ne- simply better fuel and it costs less. . . . It paved the way for the fruition of these braskans, and this creates a $5 billion was easy for our employees at our stores to important measures, and I want to impact on our State. As I have said be- articulate, easy for our customers to under- offer my sincere thanks to President stand, and it must have worked because in fore, for Nebraska and much of the 2017, our sales of E15 increased over 300 per- Trump for following through on his heartland, restricting the year-round cent. In 2018, they went up another 225 per- commitment to rural America. sale of E15 was equivalent to benching cent. And with the help of President Trump I look forward to seeing the positive our best player during the most impor- opening the door for year-round E15, our results that these commonsense, bipar- tant game of the season. newest projections for this year show an in- tisan measures will bring to hard- For years, I have been fighting to put crease of another 400 percent. working men and women in the good an end to this unnecessary ban that Hearing the confidence of Nebraskans life and throughout America’s heart- has restricted our farmers, retailers, is encouraging, and this is why I have land. I am proud to fight on behalf of and consumers for far too long. In 2017, been determined to make the year- Nebraska’s farmers, ranchers, and ag I introduced the Consumer and Fuel round sale of E15 a reality for them. producers, who continue to fuel and Retailer Choice Act, with the senior The nets that have constricted inno- feed the world. Senator from Iowa, to put an end to vation and market expansion in rural Thank you. this decades-old regulation. The bill America for far too long have now been I yield the floor. sought to extend the Reid vapor pres- cut, and the news couldn’t come at a The PRESIDING OFFICER (Mrs. sure waiver to ethanol blends above 10 better time for our farmers and for our BLACKBURN). The Senator from Mis- percent. rural communities. souri. At the same time, I began holding Last March brought unimaginable BORDER SECURITY very productive discussions with Presi- setbacks due to the historic flooding Mr. BLUNT. Madam President, I dent Trump on the importance of E15 that ravaged through Nebraska and want to talk a little bit about the bor- to the people of Nebraska but also to large regions of the Midwest. On top of der—not the important need to secure the people of rural America. The Presi- higher input costs, tighter margins, the border, which I am for, but I want dent agreed that this commonsense so- and decreased commodity prices, these to talk about the humanitarian crisis lution was needed. Last year, I was factors have created anxiety for our we have seen occurring at the border. very proud to join him at the White farm families. The lift of the year- Frankly, the Senate and the House— House as he directed the EPA to allow round ban on E15 gives ag producers the Congress—have been watching that for the year-round sale of E15. some much needed certainty during occur for too long. Yesterday we turned a new page as these very difficult times. It has been several weeks now since President Trump’s directive officially America’s consumers and retailers the administration notified Congress became a reality for farmers and eth- will also reap the benefits. They will no that the money that was allocated for anol producers. It was great to accom- longer face confusion at the pump, as what would have been a traditional set pany the President, Secretary of Agri- E15 will be labeled consistently, re- of challenges at the border is about to culture Sonny Perdue, and EPA Ad- gardless of the season. With more com- be spent and that there is no money ministrator Andrew Wheeler to deliver petition in place, consumers can make left for some of these issues we have to this encouraging news. the best fuel decision for their families deal with at the border in a particular We landed at Offutt Air Force Base in and for their wallets. Retailers will no way. Nebraska and headed to the SIRE eth- longer need to make those unneces- We have seen the flood of people ap- anol plant in Council Bluffs, IA. There, sary, expensive adjustments to their proaching the border to be not only in- we heard President Trump give a infrastructure every year to accommo- credibly different in numbers but in- speech highlighting the essential role date for this regulation. credibly different in context. Probably of our farmers, ranchers, and the eth- The year-round sale of E15 implemen- 20 years ago, 90 percent of the people anol industry. We also heard from a tation comes on the heels of more who came across the border were com- few Nebraskans on how this is impact- great news. EPA Administrator Wheel- ing directly from Mexico. ing them. er recently announced that he signed a By the way, when that happened, the The first speaker was Kevin Ross. He final rule which will implement legisla- law was changed so that if they came is from Iowa. He is a sixth-generation tion that I was proud to champion, the across from Mexico, you could send farmer, and he is vice president of the Fair Agricultural Reporting Method them right back to Mexico. Hopefully, National Corn Growers Association. He Act, also known as the FARM Act. our neighbors in Mexico are working said: This bipartisan legislation protects with us to still have some potential to I work in the greatest industry we have in farmers, ranchers, and livestock mar- do that with people who come across this country, and that’s agriculture. We are kets from misguided, burdensome EPA the border and come through Mexico— blessed by God to have the science that has reporting requirements. Due to regula- not necessarily Mexican in their na- let us achieve new heights in production. tions that were originally meant to ad- tionality but come through Mexico to Whether that’s yield of corn, the efficiency dress industrial pollution, chemical the border—to go back and wait for of this ethanol plant, or gains in my cattle, agriculture continues to do more with less. plant explosions, and the release of what needs to happen for their case to . . . The economic benefits and the clean air toxic materials into the environment, be heard in Mexico rather than here. delivered through biofuels are wins for the farmers faced uncertainty about re- Most of the people coming today are seventh generation on my family farm and porting animal waste emissions on coming from Central America—Guate- wins for all U.S. citizens. farms and ranches and other oper- mala, El Salvador, and Honduras. In Another guest speaker was Randy ations. the last year, I think the principal Gard. He is the chief operating officer These reporting regulations were not place that has people coming to our of Bosselman Pump & Pantry and intended to affect livestock or animal southern border—over 1 percent of the Bosselman Enterprises, located in my agriculture. Yet our agriculture indus- population of all three of those coun- State of Nebraska at Grand Island. He try worried about this unnecessary tries has come from those countries said: burden for years. I have heard time and collectively. Today is a great day for the American again directly from Nebraska’s farmers Clearly it is a problem, but it is espe- farmer, the ethanol industry, fuel retailers, and ranchers on how these regulations cially troubling to look at the numbers and the American consumer. were cause for concern. of children who are coming to the bor- After consulting with their cus- The FARM Act implementation de- der unaccompanied. Just last month, tomers, this company started offering livers a permanent fix to this issue by about 130,000 people came to the bor- E15 fuel a few years ago. Mr. Gard con- providing ag producers with exemp- der. You can multiply that by 12 pretty tinued: tions to animal waste reporting re- quickly and see 1 million people or We started to install the infrastructure, quirements. more coming to our border to come in started to put all the marketing information In closing, I want to thank the bipar- without the right kinds of documents. behind it, and we came up with something tisan group of my Senate colleagues Another million, by the way, come into

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.023 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3343 our country through the normal proc- tral American countries, they don’t Congress, which appropriated money ess. We have about 1 million immi- have the family connections that im- for what we thought would probably be grants a year who legally immigrate to migrants at the border have had in the no more than 59,000 kids during the the United States. We are not a coun- past, so there is no family to put them course of the year, didn’t appropriate try that does not want people from with. Some of these older teenagers enough money. So we knew we might other countries to come here; we just wind up staying longer than they not appropriate enough money, so we want them to come here based on the would want to or that we would hope had a transfer authority, where you law and the requirements for every- that they would have to, but it is just could take some money—up to a cer- body else who would like to come to the way it is. tain amount—from other accounts, and the United States. Of those 11,507 kids who came to the you could transfer that into the ac- Of that 130,000 people who came in border in the month of May, a few of count to take care of more kids than May, 11,507 of them were children with- them may have been in the facility for we would have thought. That money is out families. It is really important for less than a day. Some of them may gone too. us to understand as we discuss this still be in the facility they went to be- that we are not talking about children cause there is nowhere safer than that The Department is being forced to who came with their families and were for them to go right now. cut back on some of the things they separated from their families once they The problem is that Health and have tried to provide for children who got here. There are plenty of those Human Services is running out of have come into our care through cer- children coming right now with fami- space, and they are also running out of tainly no fault of ours and maybe not lies because it is pretty clear that say- money. In April, Secretary Azar, the much fault of theirs—redirecting ing you want asylum and saying you head of Health and Human Services, money from programs like refugee pro- have children with you and your family came to Congress and said: I just want grams that are designed to help people is one of the things that check a couple to give you a warning. We are going to who come truly as refugees. That of boxes that more likely will have you be out of money on this current pace money is now being used for unaccom- in the United States waiting for your by sometime in June. panied children. case to be heard sooner rather than By the way, we are now in June, and Remember, Health and Human Serv- later. But these are 11,507 children who Congress has not stepped up and done ices is legally required to take care of what is necessary to take care of these came by themselves. About 30 percent these children but is also legally re- kids. of them are under 12, and about 70 per- quired not to spend money they don’t Let’s think about all the alternatives have. If Congress doesn’t act quickly— cent of them are between 12 and 18. that can happen. One of the alter- You have 11,000 children coming a and we intend to act on this bill within natives is you just provide less assist- month. We think in the calendar year, a week—HHS, the Department of ance. Maybe the education goes first that will be about 88,000 children—not Health and Human Services, will have and the recreation time goes second, in the calendar year but in the fiscal to tell the grantees—these normally and you wait longer to get into the year, the spending year, the year that not-for-profit organizations—well, if transitional space that we would want started October 1. We already believe you just keep taking care of these kids, you to be in, and you are waiting more that number is going to approach than 72 hours. at some point we will give you the 88,000. The other alternative is totally unac- money we had agreed to give you to Usually, within 72 hours of those ceptable, which would be what you take care of these kids. But between children showing up at the border by would do with people who are over 18. now and then, you spend the money themselves, the Department of Home- You say: OK, if you are 18 or 28 or 38, and hope you will be reimbursed. It is land Security transfers them to the De- we will hear your case at some future kind of like a government shutdown, partment of Health and Human Serv- time. We are going to release you into except just for this one group of peo- ices, which is much better positioned the United States, and you come back ple—unaccompanied children. It is a to take care of them than they other- at a future time, and we will hear government shutdown. There is going wise would be. The Department of whether there is merit. We will decide to be no money available. These crit- Health and Human Services enters into your case at that time. ical services—you go to the outside agreements with Lutheran charities, Well, you can’t release a 12-, 13-, or groups that have been willing to step Catholic charities, and other groups— 14-year-old boy or girl into the United forward and provide shelter, and you almost always not-for-profit—that States and hope that is going to be a say: Just keep providing the shelter, would provide shelter on a clearly un- good thing for them to have happen to and we will pay you if we can. Some of derstood basis. This is something them. With the inadequate funding, these groups may have all kinds of where HHS knows the kinds of housing they stay in facilities with the Border money and be able to afford to do that. these children are going into, provides Patrol longer than anybody would My guess is, not so much so, and not shelter, provides medical care, and pro- want them to. many of them will have. vides other services, such as education, As I said, the administration esti- So we need to step up. We need to that are provided by these groups that mates that by the end of September— adapt to this change in circumstances contract with us. As part of their goal, that would be the end of our spending that we didn’t anticipate. We antici- they also make an effort to find a safe year, the one we have allocated money pate that as many people might come and appropriate place as soon as pos- for—there will be about 88,000 kids who as has ever came before, but we didn’t sible for these kids to be with relatives have come across the border by them- anticipate that maybe 30 percent more who are already in the country or an selves, and the American people would people would come in this category alternative that would be appropriate. want you to take care of them until than ever came before. Of the 14,000 or so spaces that we you can find a safe place for them to have—beds is one way to look at this, be. No thinking American would say: In the disaster bill we just passed—by places to sleep—people are going into Well, just let them go back across the the way, this is a shameful thing to and out of those as soon as we can find border by themselves. Let them out in have to say—it took over 8 months for somewhere safe for them to go. So, the United States and see what hap- Congress to cover the disasters that ideally, children would stay a very pens to them. Nobody would think Congress has normally covered right short time in one of these facilities that. away. Health and Human Services has while the Department of Health and That is 88,000. The previous high was asked for money in an emergency fund- Human Services, working with that se- 59,000 in 2016. It looks like already we ing situation to take care of this. Con- curity provider—security for the chil- are probably just about to get to that gress should take this request seriously dren—finds a sponsor. Again, it is usu- number right now. With the time be- and pass this funding before there is no ally a family member. But other people tween now and September 30 left in the money from any source to take care of stay a long time. spending year, we have already had even the basic needs that these unac- The older teenagers tend to be harder more kids come than we had in the pre- companied kids in our country need to to place, frankly. For some of the Cen- vious high year. have taken care of.

VerDate Sep 11 2014 00:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.024 S12JNPT1 S3344 CONGRESSIONAL RECORD — SENATE June 12, 2019 Over the weekend and 2 weeks before, The question is, Will the Senate ad- There appears to be a sufficient sec- the New York Times—which is no ad- vise and consent to the Barker nomina- ond. vocate, by the way, for the Trump ad- tion? The clerk will call the roll. ministration—basically said: Give the Mr. BLUNT. Madam President, I ask The bill clerk called the roll. administration the money. This is a le- for the yeas and nays. Mr. THUNE. The following Senators gitimate crisis, and it needs to be The PRESIDING OFFICER. Is there a are necessarily absent: the Senator treated like that. sufficient second? from Tennessee (Mr. ALEXANDER) and In their last editorial, they said: There is a sufficient second. the Senator from Montana (Mr. ‘‘Unequipped to deal with the crush, The clerk will call the roll. DAINES). border facilities and migrant shelters The legislative clerk called the roll. Further, if present and voting, the are dangerously overcrowded, and the Mr. THUNE. The following Senators Senator from Tennessee (Mr. ALEX- staff is overburdened.’’ They went on are necessarily absent: the Senator ANDER) would have voted ‘‘yea.’’ to say: ‘‘Dysfunction, disease, and even from Tennessee (Mr. ALEXANDER) and Mr. DURBIN. I announce that the death are a growing reality.’’ The the Senator from Montana (Mr. Senator from New Jersey (Mr. BOOKER) Washington Post said the same thing. DAINES). and the Senator from Vermont (Mr. Let’s deal with this immediate hu- Further, if present and voting, the SANDERS) are necessarily absent. manitarian crisis. Let’s deal with it Senator from Tennessee (Mr. ALEX- The PRESIDING OFFICER. Are there like the people whom we work for ex- ANDER) would have voted ‘‘yea.’’ any other Senators in the Chamber de- pect us to deal with this. Let’s get this Mr. DURBIN. I announce that the siring to vote or to change their vote? humanitarian crisis taken care of be- Senator from New Jersey (Mr. BOOKER) The result was announced—yeas 62, fore we see a human catastrophe occur. and the Senator from Vermont (Mr. nays 34, as follows: I hope we can do it, and I hope we can SANDERS) are necessarily absent. [Rollcall Vote No. 156 Ex.] do it quickly. The PRESIDING OFFICER (Mr. YEAS—62 With that, I yield the floor. PERDUE). Are there any other Senators Barrasso Gardner Perdue Blackburn Graham Portman NOMINATION OF RODNEY SMITH in the Chamber desiring to vote? The result was announced—yeas 91, Blunt Grassley Risch Mr. SCOTT of Florida. Madam Presi- Boozman Hassan Roberts dent, Judge Rodney Smith has an im- nays 5, as follows: Braun Hawley Romney [Rollcall Vote No. 155 Ex.] Brown Hoeven Rosen pressive record of honorably serving Burr Hyde-Smith the State of Florida, and I am proud to YEAS—91 Rounds Capito Inhofe Rubio Cardin Isakson support his confirmation as a district Baldwin Graham Reed Sasse Carper Johnson judge for the Southern District of Flor- Barrasso Grassley Risch Schatz Bennet Hassan Roberts Cassidy Jones ida. After receiving a bachelor’s degree Collins Kennedy Scott (FL) Blackburn Hawley Romney Scott (SC) from Florida Agricultural and Mechan- Blumenthal Heinrich Cornyn Lankford Rosen Shelby Blunt Hirono Cortez Masto Leahy ical University and a law degree from Rounds Sinema Boozman Hoeven Cotton Lee Michigan State University, Judge Rubio Cramer Manchin Sullivan Braun Hyde-Smith Sasse Smith worked as a personal injury at- Brown Inhofe Crapo McConnell Thune Schatz torney. He then pursued a career in Burr Isakson Cruz McSally Tillis Schumer public service as a senior assistant city Cantwell Johnson Enzi Moran Toomey Scott (FL) Ernst Murkowski Wicker attorney for the city of Miami Beach, Capito Jones Cardin Kaine Scott (SC) Fischer Paul Young before his appointment to the Miami- Shaheen Carper Kennedy NAYS—34 Dade County Court in 2008. In my role Casey King Shelby as Governor of Florida, I had the honor Cassidy Lankford Sinema Baldwin Hirono Shaheen Collins Leahy Smith Bennet Kaine Smith of appointing Judge Smith to the Elev- Coons Lee Stabenow Blumenthal King Stabenow enth Judicial Circuit Court in 2012. Cornyn Manchin Sullivan Cantwell Klobuchar Tester Judge Smith will continue to serve our Cortez Masto McConnell Tester Casey Markey Udall State and Nation well on the Federal Cotton McSally Thune Coons Menendez Van Hollen Cramer Menendez Tillis Duckworth Merkley Warner bench. Crapo Merkley Toomey Durbin Murphy Warren Feinstein Murray NOMINATION OF THOMAS P. BARBER Cruz Moran Udall Whitehouse Gillibrand Peters Duckworth Murkowski Van Hollen Wyden Madam President, I am honored to Harris Reed Durbin Murphy Warner support Judge Thomas Barber to serve Enzi Heinrich Schumer Murray Whitehouse Ernst Paul as a district judge in the Middle Dis- Wicker NOT VOTING—4 Feinstein Perdue trict of Florida. Judge Barber grad- Wyden Fischer Peters Alexander Daines uated from the University of Florida in Gardner Portman Young Booker Sanders 1985 and received a law degree from the NAYS—5 The nomination was confirmed. University of Pennsylvania Law School Gillibrand Klobuchar Warren f in 1992. Since then, Judge Barber has Harris Markey served as an Assistant State Attorney, EXECUTIVE CALENDAR NOT VOTING—4 an assistant Statewide prosecutor, and The PRESIDING OFFICER. The a circuit judge for the Thirteenth Judi- Alexander Daines Booker Sanders clerk will report the next nomination. cial Circuit of Florida. Our citizens de- The senior assistant bill clerk read serves judges like Judge Barber that The nomination was confirmed. the nomination of Rodney Smith, of are committed to enforcing our law, f Florida, to be United States District not legislating from the bench. With Judge for the Southern District of EXECUTIVE CALENDAR his long and distinguished history of Florida. public service, I have no doubt Judge The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Barber will serve Americans honorably clerk will report the next nomination. ator from Alaska. as a Federal judge. The bill clerk read the nomination of Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The Sen- Corey Landon Maze, of Alabama, to be am requesting that these 10-minute ator from Missouri. United States District Judge for the votes be true 10-minute votes—in fact, Mr. BLUNT. Madam President, I ask Northern District of Alabama. less than 10-minute votes. unanimous consent that the votes fol- The PRESIDING OFFICER. The The PRESIDING OFFICER. The lowing the first vote in this series be 10 question is, Will the Senate advise and question is, Will the Senate advise and minutes in length. consent to the Maze nomination? consent to the Smith nomination? The PRESIDING OFFICER. Without Mr. INHOFE. Mr. President, I ask for Mr. THUNE. Mr. President, I ask for objection, it is so ordered. the yeas and nays. the yeas and nays. Under the previous order, all The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a postcloture time is expired. sufficient second? sufficient second?

VerDate Sep 11 2014 02:51 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.025 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3345 There appears to be a sufficient sec- Mr. THUNE. The following Senators Further, if present and voting, the ond. are necessarily absent: the Senator Senator from Tennessee (Mr. ALEX- The clerk will call the roll. from Tennessee (Mr. ALEXANDER) and ANDER) would have voted ‘‘yea.’’ The senior assistant bill clerk called the Senator from Montana (Mr. Mr. DURBIN. I announce that the the roll. DAINES). Senator from New Jersey (Mr. BOOKER) Mr. THUNE. The following Senators Further, if present and voting, the and the Senator from Vermont (Mr. are necessarily absent: the Senator Senator from Tennessee (Mr. ALEX- SANDERS) are necessarily absent. from Tennessee (Mr. ALEXANDER) and ANDER) would have voted ‘‘yea.’’ The PRESIDING OFFICER (Mr. COT- the Senator from Montana (Mr. Mr. DURBIN. I announce that the TON). Are there any other Senators in DAINES). Senator from New Jersey (Mr. BOOKER) the Chamber desiring to vote? Further, if present and voting, the and the Senator from Vermont (Mr. The result was announced—yeas 85, Senator from Tennessee (Mr. ALEX- SANDERS) are necessarily absent. nays 11, as follows: ANDER) would have voted ‘‘yea.’’ The PRESIDING OFFICER. Are there [Rollcall Vote No. 159 Ex.] Mr. DURBIN. I announce that the any other Senators in the Chamber de- YEAS—85 Senator from New Jersey (Mr. BOOKER) siring to vote? Baldwin Grassley Reed and the Senator from Vermont (Mr. The result was announced—yeas 77, Barrasso Hassan Risch Bennet Hawley SANDERS) are necessarily absent. nays 19, as follows: Roberts Blackburn Heinrich Romney The PRESIDING OFFICER. Are there [Rollcall Vote No. 158 Ex.] Blunt Hirono Rosen any other Senators in the Chamber de- YEAS—77 Boozman Hoeven Rounds Braun Hyde-Smith Rubio siring to vote? Barrasso Fischer Perdue Burr Inhofe Sasse The result was announced—yeas 78, Bennet Gardner Portman Cantwell Isakson Scott (FL) nays 18, as follows: Blackburn Graham Reed Capito Johnson Blunt Grassley Scott (SC) [Rollcall Vote No. 157 Ex.] Risch Cardin Jones Boozman Hassan Roberts Carper Kaine Shaheen YEAS—78 Braun Hawley Romney Cassidy Kennedy Shelby Brown Heinrich Sinema Baldwin Feinstein Paul Rosen Collins King Burr Hoeven Smith Barrasso Fischer Perdue Rounds Coons Lankford Capito Hyde-Smith Bennet Gardner Portman Rubio Cornyn Leahy Stabenow Cardin Inhofe Blackburn Graham Reed Sasse Cortez Masto Lee Sullivan Carper Isakson Blunt Grassley Risch Scott (FL) Cotton Manchin Tester Casey Johnson Boozman Hawley Roberts Scott (SC) Cramer McConnell Thune Cassidy Jones Braun Heinrich Romney Shaheen Crapo McSally Tillis Collins Kaine Brown Hoeven Rosen Shelby Cruz Merkley Toomey Coons Kennedy Burr Hyde-Smith Rounds Duckworth Moran Udall Cornyn King Sinema Cantwell Inhofe Rubio Durbin Murkowski Van Hollen Cortez Masto Lankford Sullivan Capito Isakson Sasse Enzi Murphy Warner Cotton Leahy Tester Cardin Johnson Scott (FL) Ernst Murray Whitehouse Cramer Lee Thune Carper Jones Scott (SC) Feinstein Paul Crapo Manchin Tillis Wicker Cassidy Kaine Shaheen Fischer Perdue Cruz McConnell Toomey Wyden Collins Kennedy Shelby Gardner Peters Duckworth McSally Udall Young Coons King Sinema Graham Portman Durbin Moran Warner Cornyn Lankford Sullivan Enzi Murkowski Whitehouse NAYS—11 Cortez Masto Leahy Tester Ernst Murphy Wicker Cotton Lee Thune Blumenthal Harris Schatz Feinstein Paul Cramer Manchin Tillis Young Brown Klobuchar Schumer Crapo McConnell Toomey NAYS—19 Casey Markey Warren Cruz McSally Udall Gillibrand Menendez Baldwin Markey Smith Duckworth Moran Warner NOT VOTING—4 Durbin Murkowski Whitehouse Blumenthal Menendez Stabenow Enzi Murphy Wicker Cantwell Merkley Van Hollen Alexander Daines Ernst Murray Young Gillibrand Murray Warren Booker Sanders Harris Peters Wyden NAYS—18 Hirono Schatz The nomination was confirmed. Klobuchar Blumenthal Klobuchar Schumer Schumer The PRESIDING OFFICER. Under Casey Markey Smith NOT VOTING—4 the previous order, the motions to re- Gillibrand Menendez Stabenow consider are considered made and laid Alexander Daines Harris Merkley Van Hollen upon the table, and the President will Hassan Peters Warren Booker Sanders be immediately notified of the Senate’s Hirono Schatz Wyden The nomination was confirmed. actions. NOT VOTING—4 f f Alexander Daines Booker Sanders EXECUTIVE CALENDAR CLOTURE MOTION The nomination was confirmed. The PRESIDING OFFICER. The The PRESIDING OFFICER. Pursuant f clerk will report the next nomination. to rule XXII, the Chair lays before the The senior assistant legislative clerk Senate the pending cloture motion, EXECUTIVE CALENDAR read the nomination of Jean-Paul which the clerk will state. The PRESIDING OFFICER. The Boulee, of Georgia, to be United States The senior assistant legislative clerk clerk will report the nomination. District Judge for the Northern Dis- read as follows: The senior assistant legislative clerk trict of Georgia. CLOTURE MOTION read the nomination of Thomas P. Bar- The PRESIDING OFFICER. The We, the undersigned Senators, in accord- ber, of Florida, to be United States Dis- question is, Will the Senate advise and ance with the provisions of rule XXII of the trict Judge for the Middle District of consent to the Boulee nomination? Standing Rules of the Senate, do hereby Florida. Mr. CRUZ. Mr. President, I ask for move to bring to a close debate on the nomi- The PRESIDING OFFICER. The the yeas and nays. nation of David Stilwell, of Hawaii, to be an question is, Will the Senate advise and The PRESIDING OFFICER. Is there a Assistant Secretary of State (East Asian and consent to the Barber nomination? sufficient second? Pacific Affairs). Mitch McConnell, Thom Tillis, Mike Mr. CORNYN. Mr. President, I ask There appears to be a sufficient sec- Crapo, John Hoeven, Johnny Isakson, for the yeas and nays. ond. John Thune, Shelley Moore Capito, The PRESIDING OFFICER. Is there a The senior assistant legislative clerk John Boozman, Mike Rounds, Pat Rob- sufficient second? called the roll. erts, James E. Risch, Richard Burr, There appears to be a sufficient sec- Mr. THUNE. The following Senators John Barrasso, Roy Blunt, David ond. are necessarily absent: the Senator Perdue, John Cornyn, Tom Cotton. The clerk will call the roll. from Tennessee (Mr. ALEXANDER) and The PRESIDING OFFICER. By unan- The senior assistant legislative clerk the Senator from Montana (Mr. imous consent, the mandatory quorum called the roll. DAINES). call has been waived.

VerDate Sep 11 2014 04:04 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.028 S12JNPT1 S3346 CONGRESSIONAL RECORD — SENATE June 12, 2019 The question is, Is it the sense of the Mr. BARRASSO. Madam President, I medical lifeline for our seniors. Still, Senate that debate on the nomination ask unanimous consent that the order with 60 million people relying on Medi- of David Stilwell, of Hawaii, to be an for the quorum call be rescinded. care, the program is being stretched to Assistant Secretary of State (East The PRESIDING OFFICER (Mrs. the breaking point. Asian and Pacific Affairs), shall be BLACKBURN). Without objection, it is so Waste, fraud, and abuse have made brought to a close? ordered. the problem worse. In 2018, the Govern- The yeas and are mandatory under HEALTHCARE ment Accountability Office found $48 the rule. Mr. BARRASSO. Madam President, I billion in improper Medicare payments. The clerk will call the roll. come to the floor of the Senate today The government’s watchdog wants re- The senior assistant legislative clerk to remind people what the far-left forms, and we need reforms to protect called the roll. Democrats want to do with our our seniors, so we must strengthen this Mr. THUNE. The following Senators healthcare. vital program for our seniors. are necessarily absent: the Senator I am a doctor. I think it is a right Just think if we pack every Amer- from Tennessee (Mr. ALEXANDER) and people have to know what the Demo- ican into one government system, the Senator from Montana (Mr. crats are proposing. They are peddling which is what the Democrats are pro- DAINES). what to me is an extreme one-size-fits- posing. They call it Medicare for All, Further, if present and voting, the all healthcare plan. It is a scheme, as I which would quickly become Medicare Senator from Tennessee (Mr. ALEX- look at it, because, essentially, Demo- for None. One-size-fits-all care will kill ANDER) would have voted ‘‘yea.’’ crats want Washington to take over the doctor-patient relationship. Mr. DURBIN. I announce that the your healthcare and my healthcare and This massive plan is expected to cost Senator from New Jersey (Mr. BOOKER) the healthcare of all Americans and ac- a dramatic amount of money. Those is necessarily absent. tually control all healthcare in this who looked into this have estimated The PRESIDING OFFICER. Are there Country. They want to take private the cost to be $32 trillion. It is a hard any other Senators in the Chamber de- health insurance away from 180 million number to comprehend. And that is siring to vote? people who get their insurance through just for the first 10 years. The result was announced—yeas 93, work. Washington is going to have to find nays 4, as follows: Under this system, the health plans ways—and they will be looking for [Rollcall Vote No. 160 Ex.] that many people like will be gone— ways—to save money, and we have YEAS—93 not just for today, not just for tomor- heard what ways they will be. The Wall Baldwin Graham Peters row, forever gone. There will be no Street Journal notes that any savings Barrasso Grassley Portman more individual plans, just Washing- would have to come from cutting pay- Bennet Hassan Reed Blackburn Hawley Risch ton’s one-size-fits-all plan. ments to doctors, cutting payments to Blumenthal Heinrich Roberts Democrats have been lining up to providers, cutting payments to hos- Blunt Hirono Romney support this socialist scheme all across pitals, and restricting care. They are Boozman Hoeven Rosen the country. Many leading Democrats talking about rationing care—limiting Braun Hyde-Smith Rounds Brown Inhofe Rubio running for President have done so. the care that you need, that you want, Burr Isakson Sasse They back it, and 112 Democrats who that the government now will say you Cantwell Johnson Schatz are Members of the House of Rep- cannot have. Capito Jones Schumer Cardin Kaine Scott (FL) resentatives are behind it as well. The nonpartisan Congressional Budg- Carper Kennedy Scott (SC) Radical Democrats, led by Senator et Office looked at this. They agree. Casey King Shaheen BERNIE SANDERS, have decided that They say ‘‘the public plan might not be Cassidy Klobuchar Shelby Washington bureaucrats—not you, not as quick to meet patients’ needs.’’ It Collins Lankford Sinema Coons Leahy Smith me, not your doctor—should call the may not be as quick to meet patients’ Cornyn Lee Stabenow shots. What care do you need? Wash- needs? So you are diagnosed with can- Cortez Masto Manchin Sullivan ington, DC, bureaucrats will decide. cer, and they are not going to be quick Cotton Markey Tester Cramer McConnell Thune How soon will you get the care? Wash- enough to face your needs? Care will be Crapo McSally Tillis ington, DC bureaucrats will decide. rationed both in treatment and in tech- Cruz Menendez Toomey Where can you get the care? Wash- nology. Duckworth Merkley Udall ington, DC, bureaucrats will decide. Democrats, of course, don’t want you Durbin Moran Van Hollen Enzi Murkowski Warner The problem with this scheme is it to know about healthcare rationing. Ernst Murphy Whitehouse will have a dramatic impact in this You need to know. You have a right to Feinstein Murray Wicker country on patient care. As a doctor know. You deserve to know what they Fischer Paul Wyden with decades of experience, I know are proposing. The care you get will be Gardner Perdue Young Washington shouldn’t control your entirely the government’s call because NAYS—4 medical decisions. That should be up to the Democrats’ plan bans all private Gillibrand Sanders you and members of your family. You insurance in the country. If you have it Harris Warren should make your own decisions after through work, you will lose it. NOT VOTING—3 you consult with your doctor, not with What about paying your doctor di- Alexander Booker Daines a faceless bureaucrat. rectly for services? Well, Washington The PRESIDING OFFICER. On this For decades, I have given medical Democrats have a plan for that. They vote, the yeas are 93, the nays are 4. health advice on the radio and on tele- want to put an end to that as well. The motion is agreed to. vision. Each time, in giving one of Doctors would have to leave the gov- these reports, I close with the line: f ernment-run system. They couldn’t ‘‘Here in Wyoming, I am Dr. JOHN take care of any other patients who are EXECUTIVE CALENDAR BARRASSO, helping you care for your- on that system if they entered into a The PRESIDING OFFICER. The self.’’ private contract with individual pa- clerk will report the nomination. Helping you care for yourself—you tients. The senior assistant legislative clerk see, you and your doctor are partners Even the Washington Post newspaper read the nomination of David Stilwell, working together, and a good doctor admits the plan has problems. The Post of Hawaii, to be an Assistant Secretary will focus on what is best for you. Doc- recently ran this headline: ‘‘No matter of State (East Asian and Pacific Af- tors in local communities know who what Sanders says, there’s no Medi- fairs). their patients are, and they know what care-for-all without tradeoffs.’’ Mr. ISAKSON. Mr. President, I sug- their patients need. I agree. And the tradeoffs could turn gest the absence of a quorum. What doctors don’t need is a Wash- out to be fatal. Democrats’ one-size- The PRESIDING OFFICER. The ington bureaucrat telling them how to fits-all healthcare means you will pay clerk will call the roll. do their jobs. The point is to protect more to wait longer for worse care. The legislative clerk proceeded to patient care and to protect patient As a Senator and a doctor, my focus call the roll. choice. For example, Medicare is a continues to be on improving patient

VerDate Sep 11 2014 04:04 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.033 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3347 care. Real healthcare reform is needed with a ‘‘t’’—roughly, $150 billion each Medicaid, of course, goes from, to use in this country. Reforms are needed to and every year for 10 years. That is a Senator Hubert Humphrey’s line, ‘‘the lower the costs without lowering the bad idea, and we are going to fight that dawn of life to the twilight of life’’— standards. Regrettably, what the with all we have. from children all the way through to Democrats are proposing lowers the Other attempts to slash Medicaid older Americans and folks in between standards and raises the costs—the have been perpetuated over time, ei- there who might have a disability. exact opposite of what is so vitally im- ther to cut it over 10 years or to cut it Probably every Member of the Senate portant for all of us. in a particular year. has received a letter from a family who These are the issues that Republicans The third thing we have seen is sabo- has a loved one with a disability, espe- are working on right now: empowering tage efforts by the administration cially a child, expressing how Medicaid you to buy coverage that works for when it comes to the exchanges result- is important to them. you, lowering the cost of your prescrip- ing from the Affordable Care Act but We all know these debates are criti- tion drugs, protecting you when you also attempts to sabotage the Medicaid cally important to what happens to have a preexisting condition, and Program itself. I will develop that in a Medicaid. If we allow the majority in eliminating surprise medical bills. But moment in terms of the attempts by the Senate, and if we allow the admin- with the Democrats’ one-size-fits-all the administration. istration to have its way, we would care, you would lose the insurance you Medicaid is a program that, I think, have substantial cuts to Medicaid— get through work, and you would lose tells us who we are as a nation. We are maybe not a trillion and a half, as the Medicare Advantage if you are a senior a great nation for a number of reasons. administration has proposed, but sub- who is one of the 20 million people who We all know we have the strongest stantial cuts that would hurt the gets their insurance through that pro- military and the strongest economy. American family. I wanted to highlight some of the gram. When we are at our best, we are an ex- ways I mentioned earlier that the ad- They call it Medicare Advantage be- ample to the world. We are also the ministration has tried to sabotage cause there are advantages for seniors greatest country in the world because Medicaid. That is my view of it. Here who are on it. It coordinates care. of the way we attempt—don’t always are some examples: Starting in Janu- There is preventive care. Those are the do the right thing and don’t always do ary of 2018, the administration under- advantages. as much as we should—but because of took an effort to allow States, for the You will likely lose the doctor-pa- our attempts to take care of folks who first time, to take away Medicaid cov- tient relationship that you have de- need help and to give opportunity to erage from people who are not working pended on for years and lose the free- folks who might need a door to be or who are not engaged in work-related dom to make your own medical deci- opened or an opportunity to be pre- activities for a specific number of sions. sented to them. hours each month. In Arkansas, for ex- I say it is time to reject this one-size- Medicaid is one of those examples of ample—this was the first State to im- fits-all scheme that would make all of American greatness when we get it plement this new policy by the admin- us pay more and wait longer for worse right. Medicaid is the program that we istration—over 18,000 Medicaid bene- care. Instead, let’s work together to know is responsible for making sure ficiaries lost coverage in 2018 due to give patients the care they need from a seniors can get into nursing homes. Ab- the new requirements. Almost one in doctor they choose, and do it at lower sent Medicaid, millions of seniors four people were subject to the new costs. wouldn’t be able to have the benefit of skilled care in a nursing home. Some- rules. I yield the floor. While a Federal district court re- I suggest the absence of a quorum. thing on the order of 60 percent of sen- cently struck down restrictive waivers The PRESIDING OFFICER. The iors have an opportunity to get skilled in both Arkansas and Kentucky, the clerk will call the roll. care because of Medicaid. Absent Med- Centers for Medicare and Medicaid The senior assistant legislative clerk icaid, it is highly likely they wouldn’t Services, the so-called CMS, continues proceeded to call the roll. be able to get that care, especially to approve these policies in additional The PRESIDING OFFICER. The Sen- when you consider the cost of care to States. ator from Pennsylvania. just one family. It would cost tens and So that is one attempt to knock peo- Mr. CASEY. Madam President, I ask tens of thousands of dollars. ple off Medicaid in the calendar year unanimous consent that the order for Medicaid is the program that takes 2018—18,000. the quorum call be rescinded. care of a huge share of the Nation’s Another attempt was in the State of The PRESIDING OFFICER. Without children, and a subset of that, of Utah. HHS, Health and Human Serv- objection, it is so ordered. course, is children with disabilities. We ices, a Federal agency, has also ap- Mr. CASEY. I ask unanimous consent are told, just in Pennsylvania alone— proved an unprecedented authority for to speak as in morning business. the most recent number I have seen—54 States to deny coverage for people who The PRESIDING OFFICER. Without percent of children with disabilities otherwise would be eligible for Med- objection, it is so ordered. have their healthcare provided to them icaid. This authority undermines Med- MEDICAID by Medicaid. Thank goodness that is icaid’s guarantee of healthcare cov- Mr. CASEY. Madam President, we the case, and we have to make sure erage to low-income people who meet are on the floor, and I will be joined by that continues. the eligibility criteria set by Congress. colleagues to talk about the program Just consider the birth of a child. We Earlier this year, Health and Human we know as Medicaid—a program that I know, whether it is Pennsylvania or Services approved a proposal to allow think we are beginning to appreciate the Nation, the number exceeds 40 per- the State of Utah to cap enrollment more, especially in the last couple of cent. Forty percent of all the births in based solely on State funding deci- years—and the impact it has on the the country—more than 40 percent, I sions. So, in other words, once the American people. should say—are paid for by the Med- number of enrollees reaches the State’s Unfortunately, the debates on icaid Program. So the Medicaid Pro- funding cap, other eligible people healthcare have resulted in Medicaid gram affects the family in so many dif- would be shut out of coverage. An arbi- becoming a target. Too often, both in ferent ways: the family, when it comes trary enrollment cap limits enrollment the Senate and in the other body—the to a birth, in very high numbers across on a first-come, first-serve basis and other body, the House—the Medicaid the country; the family, when it comes would treat similarly situated people Program has been the subject of at- to providing healthcare for children very differently, depending on when tempts to do at least one of three and to give children the opportunity they apply for coverage, effectively things, if not all three. not just to have coverage and insur- holding low-income people’s healthcare One is attempts to decimate the pro- ance but to have early screening, early coverage hostage—hostage to State gram by way of funding cuts over the diagnosis, and testing—the kind of pre- lawmakers’ annual budget decisions on next 10 years. We know the President’s ventive care, in a sense, that we hope how many people should get coverage. budget has proposed cutting Medicaid anyone would receive but especially a So this is another way to limit Med- by $1.5 trillion over 10 years—that is young child. icaid coverage.

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.038 S12JNPT1 S3348 CONGRESSIONAL RECORD — SENATE June 12, 2019 Now, Health and Human Services is went from 35 to 34, the cost of that is legislature wants to make it harder for reportedly working on a block grant $100 billion over 10 years. Then, when it Ohioans to get that care and so does guidance for States that could give went from 34 to 33, another $100 billion President Trump. President Trump States the latitude to cut coverage of is implicated in that cut, and you can continues to try to take insurance services or provide payments in ways see the reduction. For every point of away. not allowed under Federal law. the corporate tax cut, it will cost the These aren’t people sitting at home. So here are just a couple of examples Nation, over 10 years, $100 billion. Most of these people under Medicaid of what the administration is doing So when folks start talking about the expansion were workers making $10, that I would argue is sabotage: cutting cost of Medicaid being unsustainable, I $12, and $15 an hour, working every bit Medicaid by providing waivers that just think that is a camouflage for as hard as Senators do, but they don’t have not been provided before to the what they really want to do, which is have jobs that provide insurance so States. I don’t think coverage of Med- to cut Medicaid and reduce those who they depended on the expansion of icaid should be determined by a purely are eligible. Medicaid. These are people working budgetary decision at the State level. I am going to try, with everything I hard. States have to balance their budget. have, to prevent them from doing that This President wants to take their They have constraints. The Federal because last time I checked, Medicaid insurance from them. Senator MCCON- Government should ensure that anyone was a program about us. It is an ‘‘us’’ NELL, down the hall, wants to take who is eligible for Medicaid should re- program, not a program for someone their insurance from them. They cast ceive it. There are those who say: Well, over there—someone who is distant votes. This isn’t hyperbole or me mak- if you go down that path, the Federal from us. Medicaid, as we found out ing this up. Government will not be able to afford most recently in the debates about Let me tell you a story real quick. it. healthcare, is a program about us, One of the best treatment centers in I have heard words used on this floor about who we are. It is about babies Ohio is called Talbert House. I was at and other places around the Capitol being born. It is about kids with dis- Talbert House one day in Cincinnati. I that the cost of Medicaid is abilities. It is about children who live sat with a man and his daughter. He ‘‘unsustainable.’’ That is the word that in families who are very low income. turned to me, put his hand on his is used over and over—unsustainable. The families are thereby eligible for daughter’s arm, and said: Without Med- I wonder if the same people, the same Medicaid, and that child not only has icaid, my daughter would be dead. How Members of Congress, use the word coverage but has the kind of early pre- dare Members of this body—elected of- ‘‘unsustainable’’ for corporate tax cuts ventive healthcare we would hope ficials who are supposed to represent that went into effect starting in late every child has. the public interest—take away insur- 2017, where there was a corporate tax And Medicaid is also about the mem- ance from people like his daughter. reduction voted on in the Senate where bers of our family who are senior citi- Every day I just can’t believe it. that reduction went from a 35-percent zens trying to get skilled care. Mr. CASEY. Mr. President, I will at rate down to a 21-percent rate. The So we are going to have a long dis- this time yield the floor to my distin- original idea was to go from 35 to 20, cussion today, at least for the better guished colleague from the State of and it ended up at 21. So that is a 14- part of an hour, about Medicaid, and I Washington, Senator MURRAY. We are point reduction in the corporate tax am grateful that colleagues of mine are honored by her presence here on the rate. We were told, if we did that, if we willing to come to the floor and talk floor. I will come back a little later. all agreed to do that—I did not agree about this critically important pro- with it—but if we were to agree to do gram and what is at stake for our fami- The PRESIDING OFFICER (Mr. that and the bill went through and be- lies. CRAMER). The Senator from Wash- came law, which it did, that somehow Mr. BROWN. I want to join my friend ington. wages would be increased for workers Senator CASEY today to talk about the Mrs. MURRAY. Mr. President, I want across the board. In fact, the White importance of Medicaid. I want to echo to thank my colleague for starting this House, at that time, promised that his comments and Senator WYDEN’s really important discussion that all of wages would go up $4,000 per worker— comments, particularly given the at- us should be very well aware of, and I $4,000. I haven’t had a steady stream of tacks from the White House and State appreciate his leadership. workers coming to my office saying legislatures and, frankly, too many in People across this country have been they got a $4,000 wage increase because this body. absolutely clear. They want us to fight of the December 2017 tax bill. In fact, I am still incredulous when I think for families who are struggling with they are telling me the opposite. Many about what happened in this body and high healthcare costs and help to make of them are paying more than they has happened many times. In my State, sure that everyone in our country can were before that tax bill. 900,000 people have insurance because get quality affordable care. But while I make that point and relate it to of the Affordable Care Act. The expan- Democrats have been coming forward Medicaid very simply because the same sion of Medicaid meant hundreds of with solutions and calling on Repub- folks who talked about and have advo- thousands of families can rest easier licans to come to the table to address cated for and even voted repeatedly to knowing they will have health insur- the healthcare sabotage they have cut Medicaid are the same folks who ance when they need it. helped President Trump accomplish, often supported a corporate tax cut I have sat in this body a number of instead, they have been repeatedly on that cost over a trillion dollars and times and watched my colleagues— the other side, refusing to fight the fire was not paid for. Then the same people mostly on that said of the aisle, well- and having only just shown real inter- say: Oh, my goodness. We have a tril- dressed, well-paid, health insurance est in fanning the flames. lion-plus hole in the budget so we have paid for by taxpayers—who are willing There are so many glaring examples to go and cut Medicaid or Medicare. So to cast a vote to take insurance away about how President Trump has what results now is a little more than from hundreds of thousands in their worked to sabotage families’ a year later—a year and a half later, States. Again, these are elected offi- healthcare. We are here today to focus after the tax bill passed, what do we cials who have taken an oath of office, on just one—the tireless efforts to un- have? We have the administration com- who have insurance paid for by tax- dermine Medicaid. ing forward saying: We have to cut payers, and they are willing to take in- It is a program that helps people Medicaid by a trillion and a half over surance away from others. across the country get affordable, qual- the next 10 years and Medicare by over I will illustrate with one story. Four- ity healthcare. State after State has $845 billion over the next 10 years. That teen people in Ohio die every day from now worked to expand Medicaid in re- is the tradeoff: cut Medicaid and Medi- an overdose—more than any State in cent years, and time after time, we care, in essence, to pay for a corporate the country. I know it is a serious have all seen the benefits of those ef- tax cut. problem in Montana and a serious forts. Data shows us that Medicaid has Remember, every point they reduce problem all over the country but more helped reduce racial disparities in that corporate tax cut—when they in Ohio than most places. Our State healthcare. It has helped us increase

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.040 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3349 access to treatment for opioid use dis- through the program. Our State is Medicaid expansion has also been asso- order. It is a critical need as our coun- showing how Medicaid can help to pro- ciated with a significant reduction in try confronts a nationwide epidemic. It vide people with long-term care bene- infant mortality. has helped to improve maternal and in- fits in their home, and how it can help A study published in the American fant health, another area where we des- address employment challenges and Journal of Public Health in April of perately need to make progress. housing needs and other social deter- 2018 found that the decline in infant Medicaid expansion has helped tens minants of health that improve the mortality was more than 50 percent of millions of people get quality, af- health of our entire communities. greater in States that expanded Med- fordable healthcare. That is exactly In short, we are showing how Med- icaid, compared to those that did not. why States that expanded Medicaid icaid can do more, while many Repub- So there is a second finding on infant have seen their uninsured rates drop licans here in the Nation’s Capital are mortality. more than those that did not. trying to get it so it does less. Beyond improving health sur- Yet some Republicans have tried Enough is enough. It is time for Re- rounding childbirth, Medicaid expan- every trick in the book to try to under- publicans to stop sabotaging our fami- sion improves access to family plan- mine that progress. Back when Repub- lies’ care, stop trying to take coverage ning. A University of Michigan study licans were first calling for their harm- away from families and make it more found that one-third of women enrolled ful TrumpCare plan, they made clear expensive and out of reach, stop trying in the State of Michigan’s expanded that they wanted to put Medicaid on to undermine Medicaid and the lives of Medicaid Program reported that their the chopping block in a very big way— the millions of people who rely on it coverage improved access to birth con- not only rolling back Medicaid expan- and start working with Democrats to trol and family planning services. sion but proposing deep cuts for moms fight for patients and for families. Michelle Moniz, a doctor, the study’s and kids and people with disabilities If Republicans want to keep sitting lead author, concluded that her team’s and seniors who need those long-term by and cheering on the harmful findings ‘‘suggest that the expansion services and support. Even after people healthcare sabotage proposals, they are provided an important service for popu- across the country spoke up and pushed going to keep seeing families and pa- lations with a high unmet need for back and defeated that backward pro- tients and Democrats standing up to family planning care.’’ So there are just three examples and posal, Republicans have still tried to hold them accountable. three different studies, with one vali- take away care from millions of fami- I yield the floor. dating the benefit of Medicaid expan- lies across the country who rely on The PRESIDING OFFICER. The Sen- sion to reduce maternal mortality. So Medicaid. ator from Pennsylvania. fewer pregnant mothers are dying, in President Trump has called for enor- Mr. CASEY. Mr. President I want to the case of one study, because of Med- mous cuts to Medicaid in his budget thank my colleague from the State of Washington for outlining the chal- icaid expansion. proposals. He has pushed for burden- The second study is talking about re- lenges presented now to Medicaid in some paperwork requirements that ducing infant mortality because of terms of efforts by Republicans, which serve no real purpose except to put up Medicaid expansion, and the third says I have described with three words: deci- barriers that make it harder for people that, because of Medicaid expansion, mate, slash, and sabotage. I think all to get the care they need and easier for there is improving access to family three are an accurate description of him to take their care away. planning. Here in Congress, Republican leader- what they have tried to do. So those are just three examples in ship made clear that their preferred But I am also grateful that Senator three different studies about the ben- way to pay for the expensive tax MURRAY was highlighting some of the efit of Medicaid expansion. breaks they gave to corporations and great benefits of the program in her Unfortunately—and it is important the wealthy was to cut programs like initial remarks on the floor. to put this on the record—when you see Medicaid that gave healthcare to those We just had a report yesterday from the Republican bills to repeal the Af- who struggle and are in need. a great organization called Protect Our fordable Care Act, every one of them Even as President Trump and Repub- Care. I will not read the entire report, seems to have one thing the common: licans fight against the wishes of peo- but I was struck by a few findings that They don’t simply talk about limiting ple across the country for these back- they summarized in that report, Medicaid expansion. They don’t just ward proposals, they are fighting to quoting from various studies about the talk about cutting it back. A number dismantle Medicaid in court as well. impact of Medicaid. Here are just a of these proposals that we have debated If President Trump gets his way in few. A number of these findings relate here—and I guess we only had a vote in his blatantly partisan lawsuits, not to Medicaid expansion, which was the the Senate on one—they all have in only will protections for people with expansion of Medicaid that became law common that they want to eliminate preexisting conditions be struck down, when the Affordable Care Act was Medicaid expansion—not just cut it but not only will young adults be dropped passed back in 2010, but it is only now, eliminate it. from parents’ plans, not only will es- years after Medicaid expansion has Somehow, for some reason, and I will sential health benefits that ensure cov- gone into effect, that the impact is never understand this, my Republican erage and that include prescription being felt in a very positive way. colleagues want to get rid of Medicaid drug coverage and maternity care and For just a couple of highlights here expansion. They seem to think it was a more go away, not only will lifetime on Medicaid expansion, for example, bad thing, that it was a bad result for annual caps on coverage return—even expansion was associated with lower the American people that Medicaid ex- for people who are insured through rates of maternal mortality. In this pansion became law and States were their employer, by the way—but if case, the research was done by the able to take advantage of it, increasing President Trump has his way in court, Georgetown University Center for Chil- the number of people covered by some- Medicaid expansion also will be struck dren and Families. The research also thing on the order, at last count, of 12 down and tens of millions of families in found that States that had expanded million people. this country will have the care that Medicaid experienced 1.6 fewer mater- Why is it a bad thing that 12 million they rely on today taken away. nal deaths per 100,000 women than people got healthcare? I will never be That is wrong, and Democrats are States that refused to expand Med- able to understand that, as long as I not going to stand for it. We are going icaid. live. Why is it wrong, why is it bad to be here to defend patients’ care and As folks might remember, the law al- that 12 million more people got look to expand coverage and improve lowed States to expand Medicaid, but a healthcare through Medicaid expan- quality for families. number of States had not taken advan- sion? I am really proud that my home tage of that. There is a clear advantage Is it also then, by extension, a bad State of Washington is leading the for States that expanded on this indi- thing to reduce maternal mortality? Is way. In my home State, instead of tak- cator for maternal mortality. that a bad thing as well? Is that a bad ing Medicaid away from people, we are A second finding, in addition to re- result? Is it also a bad result of Med- taking on even more challenges ducing maternal mortality, is that icaid expansion that we were able to

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.046 S12JNPT1 S3350 CONGRESSIONAL RECORD — SENATE June 12, 2019 show in States that expanded Medicaid scourge, that public health emer- just a couple of years—and this isn’t that infant mortality goes down? Is gency—I have no doubt that the con- longitudinal data over decades; we that a bad result? Is it a bad result in cern about that is bipartisan. We have know right away the benefits of more States that expanded Medicaid, as op- done a lot of bipartisan work here in people getting coverage, more children posed to States that did not, that in the Senate to dedicate new dollars— getting treatment, and people in the addition to the reduction in maternal billions and billions of dollars—to help grip of an opioid addiction having in- mortality and infant mortality, that on that. The only problem is, we need surance and therefore having coverage. there was access to family planning? Is many billions more just to meet the In Pennsylvania, there are tens of that a bad thing as well? treatment needs of those who are al- thousands of people—not thousands, I don’t think many Americans would ready in that awful grip of an opioid tens of thousands—who are getting reach that conclusion. They would addiction. treatment for an opioid or substance argue, I think, just upon the coverage We have bipartisan concern and bi- use disorder condition solely because question, that 12 million people or partisan action. That is good. I want to they happen to live in a State that ex- more getting healthcare is an advance- acknowledge that. But here is the prob- panded Medicaid. If they lived in a ment—that we are all better off when lem: When it comes to Medicaid expan- State that didn’t expand it, they would 12 million get healthcare coverage. sion’s role, there seems to be a little be pretty much on their own when it There seems to be a prevailing point disconnect between and among Mem- comes to getting treatment or services of view here among some that if the bers of the Senate on that. for that kind of an addiction. guy next to you gets healthcare, some- Here is what Protect Our Care tells I really have trouble understanding how that diminishes you. That is con- us: Multiple studies suggest that Med- what my colleagues have presented. If trary to all the evidence, contrary to icaid expansion plays a crucial role in you want to introduce a bill to change all the studies about coverage. But in improving access to treatment for healthcare, I think it is incumbent the case of Medicaid expansion, it is opioid use disorder. upon you to have an alternative, have not simply that 12 million more Ameri- A February 2018 Center on Budget a better way of covering as many peo- cans got coverage, but now there is em- and Policy Priorities analysis of data ple, have coverage that is affordable, pirical data and empirical results that from the Federal Agency for and have a strategy that will accom- tell us that maternal mortality is like- Healthcare Research and Quality found plish what we have already accom- ly to go down and infant mortality is that Medicaid expansion dramatically plished through the Affordable Care likely to go down. That is a good re- reduced—I will say it again—dramati- Act. That number is even bigger. It is sult. cally reduced the share of opioid-re- the Medicaid expansion number plus That is why, when people talk about lated hospitalizations in which pa- folks who get their coverage through cutting Medicaid by a trillion and a tients were uninsured, so making sure the exchanges. That number is above 20 half over the next 10 years, or elimi- that more people in the grip of that ad- million. nating Medicaid expansion, they have diction who present themselves for So if you have a better proposal, you some explaining to do. help actually have insurance coverage. ought to present it. But they haven’t. Now, maybe if they have a study Here is a quotation from the Center That is unfortunate because now we showing that in States that did not ex- on Budget and Policy Priorities study: are facing the prospect of not just pro- pand Medicaid they have a strategy to ‘‘The share of hospitalizations in which posals that could pass and be signed get infant mortality numbers down and the patient was uninsured fell dramati- into law by this President that would maternal mortality numbers down, cally in states that expanded Medicaid: destroy the opportunity for 20 million let’s hear the competing argument. I from 13.4 percent in 2013 (the year be- people to have healthcare, but a big haven’t heard that, though. I am still fore expansion took effect) to just 2.9 share of that would be cutting Med- waiting for it. percent two years later.’’ So it went icaid expansion. Here is another good result of Med- from roughly 13 percent down to basi- The other part that is a direct threat icaid expansion. It has also proven to cally just 3 percent. So that is another to Medicaid itself is the lawsuit mak- be a potent tool for reducing—this is result. ing its way through a Federal court. I according to the Protect Our Care re- I have to ask the question again. have heard a number of my colleagues port from yesterday. Again, I am still Why is it a bad thing that roughly 12 say: Oh, no, we want to preserve pro- quoting from it. Medicaid expansion million people got health insurance tections for preexisting conditions. We has proven to be a potent tool for re- through Medicaid expansion? Why is it want to preserve most of Medicaid. We ducing racial disparities in healthcare. a bad thing that Medicaid expansion want to cut the costs, and we want to Black babies are twice as likely, ac- now has a demonstrated track record preserve it. cording to this report, as White babies on reducing infant mortality and ma- Well, if you have those goals, if you to be born at low birth weight, and are ternal mortality and helping begin to say you are really for having all those 1.5 times as likely to be born pre- bridge a racial disparity between a consumer protections from the Afford- maturely. child who happens to be an African able Care Act, and if you really care One study published in the Journal of American child versus a child who is about seniors getting into nursing the American Medical Association in not? Why is that a bad thing? homes because of Medicaid and you April 2019 found that when considering Why would you propose, with that care and you want to preserve that, low birthweight babies and preterm track record—and I am only men- and you care about kids with disabil- birth outcomes overall, Medicaid ex- tioning a few—why would you propose ities who have their healthcare pansion was associated with significant eliminating the program? That seems through Medicaid and you want to pre- improvements in relative disparities to be the prevailing point of view in serve their healthcare, and you want to for Black infants compared with White virtually every healthcare bill that is preserve healthcare for kids from low- infants in States that expanded Med- offered on this side of the aisle—to income families through Medicaid—if icaid versus those that did not—signifi- take Medicaid expansion and eliminate you believe all that, you have to op- cant improvements in relative dispari- it over time. Why would you do that? pose the lawsuit. You can’t make the ties. That is a good result we know I could understand better the argu- argument that you care about those about now—not a theory, a good result ment where they said: Well, look, we Americans and you care about from Medicaid expansion. have a new idea. We have an idea that healthcare and protections and all of I will give you another one. This is will reduce infant mortality, maternal that and then say you support the law- about opioid use disorder. I have no mortality, bridge some of those racial suit. You have to come out against the doubt that the problems we have had gaps, and cover 12 million people with lawsuit. all across the country—the epidemic of a new program, a new approach. I Make a statement—you should if you substance use disorder, a subset of that would listen a little then and maybe are serious about it, if you are honest being the problems with opioid addic- consider their ideas. But when you call about it—or maybe file something with tion—and all of the horror and misery for the elimination over and over again the Federal court, maybe a formal fil- and skyrocketing deaths from that of a program with that track record in ing to say: Here is why I oppose the

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.047 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3351 lawsuit. File a brief. Do something. vide—they are living in a county where and a lot of folks came to me. They But at least tell the American people 40, 50, 60 percent of the people who live said: Ron, that probably isn’t a big deal the truth. If you are going to be for in that county don’t have access to for seniors because Medicare covers preserving these kinds of protections, broadband, high-speed internet. most of those nursing home bills. And you can’t be for the lawsuit. In fact, In addition to all those problems in I had to say: Gosh, that is really not you would have to be unalterably op- some rural areas, they also have a the case. Medicare really covers only a posed to the lawsuit if you really care problem with healthcare access. The small fraction of nursing home bills. It about those kinds of major healthcare good news here is that there are a lot covers the bills that are essentially for issues, including Medicaid. of kids in rural areas who get their hospital-like services, and most of If you were really concerned about healthcare through—guess what—Med- nursing home care in America really Medicaid and you wanted to preserve icaid. Big numbers. In some places, the ends up getting picked up by Medicaid. most of it and you had ideas about how numbers of children covered by Med- Something like two out of every three to change it for the better, you can’t icaid and the Children’s Health Insur- beds in long-term care facilities, which support the sabotage by the adminis- ance Program are much higher than in are custodial facilities, end up being tration because the effect in a number urban areas. funded by Medicaid. of these States with these waivers is In a rural area, if you start cutting Senator CASEY basically took it upon that people lose their Medicaid cov- Medicaid and eliminating Medicaid ex- himself, as part of this effort, to lead erage—as I said, we now know that in pansion, as many around here want to the Democrats on the Finance Com- 2018, 18,000 people in Arkansas lost cov- do, you are not only going to hurt a mittee and to lead the Democrats in erage. That will be replicated in other child in an urban community or in a our caucus to go out and talk about States. Tennessee now is one of the small town, but you are also going to what this really means to the most States considering a block-grant pro- hurt a child in a rural community very vulnerable people in America. As my posal. Utah—I mentioned what they badly. colleagues know, probably 4 or 5 are doing—tying Medicaid to the State It gets worse from there. If you cut months into this debate with this re- budget, instead of covering folks who Medicaid, rural hospitals that are al- lentless attack on Medicaid coming are eligible as opposed to tying cov- ready on the brink of failure or bank- week after week after week, most erage and care to how much money is ruptcy or at least downturn in their Americans began to understand a little in the State budget. ability to balance their budgets—a lot bit about what was on the line for mil- I think that if you are going to make of those rural hospitals will fail. We lions of senior citizens. I thank my colleague because he an argument in favor of Medicaid, you know that. The data is pretty clear on really began the effort to make the have to oppose the lawsuit and you that. have to stop the sabotage. If all of your focus is on a rural area point that growing older in America is really an expensive proposition. Even The third thing you can do to be hon- and you think rural children should when you save and you scrimp, you est about what you say you believe in— have the chance for good-quality don’t go on a vacation, you don’t buy and constructive here—is to say we healthcare, and if you think rural hos- the boat, and you don’t do the extra, shouldn’t cut Medicaid by $1.5 trillion pitals—sometimes the biggest employ- growing older is really an expensive over the next 10 years, as the adminis- ers in a community—should remain proposition. So if you have a widower tration proposed. Just say you are open, you should really care about on the corner in your neighborhood, against what the administration pro- Medicaid. You should really be worried and he always mowed his lawn, and he posed and you don’t think we should about proposals to cut it by $1.5 tril- always helped with the sports teams cut it by $1.5 trillion. And you should lion over a decade, as the administra- and the like, and now he is getting add your opposition to the cuts to tion proposes. You should be very con- kind of frail and may need some nurs- Medicare. The administration proposal cerned about proposals to eliminate ing home care, now we still have a safe- is to cut Medicare by $845 billion over Medicaid expansion because guess what ty net, an essential safety net for those 10 years. You should oppose that as is another challenge in a lot of these people. well. communities—the opioid substance use I am going to talk a little bit about If you do that—if you oppose the sab- disorder crisis. some of the challenges of Medicaid. otage, oppose the lawsuit, and oppose My colleagues are here, and I want to But I would like particularly to begin the budget cuts—then we can have a make sure they have an opportunity to my remarks—Senator CARDIN has been conversation about lowering the cost of weigh in as well. We are privileged to an advocate in the Finance Committee, healthcare, lowering the cost of pre- be joined by two colleagues. as well, on Medicaid—by pointing out scription drugs, and preserving Med- I yield the floor to my colleague from that Senator CASEY, really, at the very icaid as much as humanly possible even the State of Oregon, the senior Senator outset of this discussion, began the ef- when costs go up. It is pretty apparent from the State of Oregon. fort to make the case that a lot of peo- to me that a lot of Americans rely The PRESIDING OFFICER. The Sen- ple weren’t aware of, and that is that upon Medicaid. ator from Oregon. Medicaid is a safety net for millions of How about if you represent a State, Mr. WYDEN. Mr. President, before older people. for example, that has a substantial Senator CASEY leaves the floor, I just Here is the story of Medicaid in 2019. rural population? I represent the State want to make a couple of remarks, as For the vulnerable in America, our of Pennsylvania, which has 67 counties, the senior Democrat on the Finance people want to make sure that there is but 48 of them are considered rural. We Committee, a ranking member. I par- more access to Medicaid. Unfortu- have a lot of rural communities, a lot ticularly want to praise Senator CASEY nately, on the other side of the aisle, of counties where there may not be ag- for being our go-to person on the whole Republicans are taking that very ac- riculture in every corner, but there are issue of Medicaid. cess away. Just for a few minutes, I am a lot of small towns and a lot of rural Ever since we began to see the sub- going to draw out this contrast because communities, and they tend to be one stantial cuts in 2017, as Senator CASEY there is quite a difference of opinion and the same. These are communities knows, he has been the person we have between how the majority party in the that are faced with several levels of said is our go-to leader for the most Trump White House are working challenges. They often have job loss be- vulnerable Americans who count on against the interests of vulnerable cause a substantial employer has left. Medicaid being there for them. folks across the country. They often have infrastructure prob- I want to tell a short story about one As I mentioned, 2016 saw the begin- lems because they have a lot of bridges of Senator CASEY’s many contributions ning of this all-out attack by Repub- that are structurally deficient. They to those who find Medicaid to be just a licans on Medicaid—hundreds of bil- have all kinds of other economic chal- healthcare lifeline. When the Trump lions of dollars in cuts, proposed caps, lenges that sometimes relate to the administration began its attack on block grants, basically an unravelling markets and agriculture and so many Medicaid benefits, I had been the direc- of the program as we know it today. other problems. Many of these commu- tor of the Gray Panthers at home be- Essentially, from Portland, OR, to nities also have a so-called digital di- fore I got involved in public service, Portland, ME, people said: No way. We

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.042 S12JNPT1 S3352 CONGRESSIONAL RECORD — SENATE June 12, 2019 are not going to support this kind of With the Trump administration’s healthcare needs. On this side of the attack on Medicaid. So in some States, blessing, Tennessee is the first State aisle, we are going to keep fighting to like Utah, they chose the ballot box to trying to turn its Medicaid Program protect Medicaid. actually expand Medicaid under the Af- into a block grant. This basically takes As I indicated, our next two speakers fordable Care Act. The voters chose a sledgehammer to Medicaid as we have a long track record of advocating more access to Medicaid, not less. But know it now. Medicaid block grants for the vulnerable. I am just going to Republican lawmakers in Utah had de- mean putting nursing home care— make a unanimous consent request. cided to deny them their choice. Just which I just outlined earlier in dis- Senator CARDIN has been very patient think about that one. cussing Senator CASEY’s important with respect to waiting to speak. I sure hear a lot of talk on the other role here—at risk for millions of sen- I yield the floor. side of the aisle about States’ rights iors. You risk children and people with The PRESIDING OFFICER. The Sen- and empowering people at home. This disabilities having to be cut off from ator from Maryland. is an example of where voters chose their healthcare. But block-granting Mr. CARDIN. Mr. President, I thank more access to Medicaid, not less. The Medicaid is one of the top goals for Re- Senator WYDEN for his extraordinary Republican lawmakers said: Hey, we publicans in the Trump administra- leadership on the Senate Finance Com- know better than that. We are not tion. mittee as our ranking Democratic going to give folks that choice. So Finally, Trump administration budg- member, who recognizes the impor- Utah lawmakers took a hatchet to the et slashers are trying a new, additional tance of healthcare. To Senator CASEY, plan that voters approved on election scheme that is going to hurt so many who has been our companion in regard day and started carving it out. The people across the country. In this par- to Medicaid, in regard to children, and only expansion they would allow is a ticular area, they basically are trying in regard to the basic importance of lot smaller than what voters wanted— to bring some mathematical sleight of healthcare as a matter of right, to Sen- spending more money to cover fewer hand so they can change key economic ator STABENOW, who has really led our people. measures in ways that boot vulnerable efforts on behavioral health, incredible Then lawmakers in Utah followed a people off Medicaid and off food efforts that have been made to provide path cleared in other Republican-con- stamps. community services, particularly to trolled States, and that was to punish What they are doing here—again, those who are most vulnerable, we rec- those who were enrolled in Medicaid this is all shrouded in language that ognize the importance of moving for- with essentially bureaucratic water just sounds eminently reasonable—is ward and advancing healthcare for all torture, with such a barrage of paper- basically talking about where the pov- Americans. That is why we are taking work that it was almost impossible to erty line ought to be, and then they this time to express our real concern penetrate what was really necessary to want to find an artificial way to push about President Trump’s proposal, his get through the program. This has been the poverty line down without doing budget proposals, which would cut seen in Arkansas, Kentucky, and else- anything to lift people out of economic Medicaid by $1.5 trillion, the effort to where. repeal the Medicaid expansion that we All of this, of course, is not couched hardship. So you are talking about par- saw under the Affordable Care Act, the in the bureaucratic maze of redtape it ents who work long, hard hours and thought of turning Medicaid at the actually is. The discussion is always: still struggle to make ends meet, peo- Well, this is just about work. That is ple who are trying to find affordable Federal level into a block grant, cap- just not true. It is about getting people housing, who have practically given up ping our participation and putting the kicked off their healthcare. the idea of being able to save for retire- burdens on our States. When you talk about Medicaid pa- ment, and who are still trying to pay It is a direct attack on vulnerable tients, you are talking about people college tuition. What does the Trump Americans, jeopardizing their access to who are working and people who want administration say? These people just healthcare. There are 70 million Ameri- to work. What we are up against are a have life too easy. cans that depend on Medicaid. There host of Republican schemes that are The impact of this change would be are 1.2 million Americans who are vet- basically putting stacks of paperwork enormous. Three hundred thousand erans and who are women, children, between those who need healthcare and children could lose comprehensive and seniors. their doctors. health coverage, and a quarter million In Maryland, almost half of our Med- These are busy working people with adults could lose their coverage. icaid population are children. For sen- kids to raise, older parents to care for, Colleagues, this is the Medicaid agen- iors, one out of every five Medicare-eli- and bills to pay. Yet lawmakers are da for Senate Republicans and the gible beneficiaries also needs Medicaid. trying to force them to fill out stacks Trump administration: Let’s go out They are dual eligible. And 60 percent and stacks of paperwork just to make there and look under every possible of the adult Medicaid enrollees are sure that somebody can actually find rock to find a scheme to restrict access workers, and 70 percent are from com- their way through the maze and see a to Medicaid. That is the agenda. Find a munities of color. doctor. way to cut the funding, to deny expan- Medicaid expansion has made a big If you look at what happened in Ar- sion after the voters approved it. difference in access to healthcare. It kansas in 2018, you get a sense of how We now have two members of the Fi- has reduced health inequalities. The destructive these bureaucratic schemes nance Committee with a long, long his- uninsured rate in the State of Mary- are to people’s healthcare. There were tory of advocating for vulnerable peo- land has dropped from 10.2 percent to 18,000 people who lost their Medicaid ple facing health challenges, so I am 6.6 percent. That is important not just coverage—18,000 people. Trump offi- going to close and just say this: Ever for the individuals who now have cials swore up and down that those pa- since I was director of the senior citi- health coverage. It stops the cost shift- perwork requirements wouldn’t hurt zens—the Gray Panthers—I always said ing and the distortions in our anybody, but as we saw when the Sec- that the single most important issue in healthcare system with people who do retary of Health and Human Services America is healthcare. Whether it is not have health insurance. came before the Finance Committee North Dakota or Michigan or Mary- If we were to eliminate Medicaid ex- earlier this year, they shrugged when land, if you and your loved ones don’t pansion, 289,000 Marylanders would lose you asked why so many people lost have your health, everything else pret- their coverage—the essential health their coverage in Arkansas after the ty much goes by the board. Somehow coverage that it provides for our chil- paperwork requirements were put in that message has not gotten through to dren in the early periodic screening place. the majority here in the Senate be- and diagnostic treatment so that we A Federal judge even weighed in, cause under this majority and under can help children live healthier lives blocking all of this paperwork, while the Trump administration’s healthcare through correction of healthcare prob- the Trump administration continued to agenda, they are buying into a com- lems and prevention of more serious push the States to take them up. The pletely different set of principles. They healthcare issues. schemes spread to States across the are willing to set millions of Ameri- As Senator WYDEN pointed out, in country, and it was not just paperwork. cans back with respect to their long-term care, three out of five of our

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.043 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3353 residents in nursing-type, long-term medicines they need. We have seniors she will die without it. Nobody should care facilities are Medicaid payments. in nursing homes that are there. We be forced to risk their health or their It would be devastating with that type talked about Medicaid. In fact, they life by cutting back on the medications of cut on their long-term care needs. are more likely than not going to be they need to survive. We made major advancements in involved in needing prescription drugs, Unfortunately, the pricing of pre- Medicaid on covering behavioral health some kind of medicines, and I am deep- scription drugs in this country is the and addiction. One out of every three ly concerned that people are not able ultimate example of a rigged system. individuals who are part of Medicaid to get their medications at a price they In 2018, there were 1,451 lobbyists for expansion have a behavioral health can afford to get what they need. Un- the pharmaceutical and health product issue. The opioid crisis is well known fortunately, that is certainly hap- industry. That is almost 15 lobbyists to all of us. We know that part of the pening in Michigan right now. for every Member of the Senate. Their solution is getting people help and As we know, over the past decade or job is to stop competition and keep treatment through Medicaid expansion so, the costs of medications have really prices high. Our job is to unrig that and the Medicaid Program providing skyrocketed. It is actually shocking to system and bring prices down. The No. that safety net to millions of Ameri- see the numbers going up. Between 2008 1 way we can bring prices down is to let cans. and 2016, prices on the most popular Medicare negotiate. The expansion of dental services is brand-name drugs have gone up over Currently, Medicare is prohibited, as something I have been engaged in ever 208 percent. I know that in Michigan we know, from harnessing the bar- since the tragedy in 2007 in my State, most people’s salaries haven’t gone up gaining power of 43 million seniors in when a youngster died from lack of ac- 208 percent. And if someone is living on America to bring down prescription cess to dental care, Deamonte Driver. a pension or Social Security, that cer- drug costs. Why aren’t we harnessing Medicaid is a lifeline for dental serv- tainly hasn’t gone up 208 percent. the market price through negotiation? ices. So these are huge increases. And ac- That doesn’t make any sense. So in the United States of America, cording to AARP, the average price of When Medicare part D became law in the wealthiest Nation in the world, brand-name drugs that seniors often 2003, that language was put in there to healthcare should be a right, not a take rose at four times the rate of in- stop negotiation. It didn’t make sense privilege. We made progress in the Af- flation just in 2017—four times the rate in 2003, and it doesn’t make sense fordable Care Act. Let us build on that of inflation. So even if you are getting today. success but not move in the wrong di- a small little increase, an inflationary We know negotiation can work be- rection. Rather than cutting Medicaid, increase in your salary or in a pension, cause it works for the VA, or the Vet- we should be looking at ways to work your medicines could have gone up four erans’ Administration. The Veterans’ together to improve coverage and af- times higher. Administration negotiates prices, and fordability. Rather than eliminating I hear from seniors all over Michigan they save about 40 percent compared to the Medicaid expansion, we should be about what a struggle this is. I know Medicare. In fact, according to a recent looking at additional ways to cover we all hear this. Some people are AARP analysis, Medicare could have those who have no health coverage or forced to cut back on other necessities, saved $14.4 billion on just 50 drugs— inadequate health coverage. Rather like groceries or paying their bills. $14.4 billion on just 50 drugs—if they than limiting the Federal program as Others cut their pills in half or skip had had the same prices as the VA, and part of Medicaid for our States, we doses. You know, this has gone on and this was in 2016—$14.4 billion. should be looking at ways to strength- on for too long. Some folks stop filling In 2016, Medicare Part D plans spent en the Federal-State partnership so their prescriptions altogether, risking $3 billion on a hepatitis C treatment, that we work together so that every their health. HARVONI. Under VA pricing, that cost American has access to affordable, Suzanne lives in Howell, MI. She would have been $1.7 billion. These are quality care. takes several medications, including differences that are related to real I urge my colleagues that that should insulin, and she shared her story with money coming out of people’s pockets be our goal. Let’s work together. me. Unfortunately, for Suzanne, the when they are trying to just put food Again, I thank Senator CASEY for price for insulin has gone from $21 a on the table and live their lives and be bringing us here today under this issue. month to $278 a month to $410 a able to survive in many cases. I yield the floor. month—the same medicine. The same Medicare Part D plans spent $1.8 bil- The PRESIDING OFFICER. The Sen- medicine was $21 a month and now is lion on REVLIMID, which treats mul- ator from Michigan. up to $410 a month. tiple myeloma, a type of blood cancer. Ms. STABENOW. Mr. President, I Suzanne isn’t alone. In fact, insulin Under VA pricing, Medicare Part D and was looking to my colleagues because I prices overall have tripled in the past American taxpayers could have saved think we all understand and are trying 15 years, and let me just add that insu- more than half a billion dollars. Given to accommodate each other’s schedules lin was discovered over 100 years ago the potential for such huge savings, it and have the opportunity to speak on by two Canadian doctors who felt they is no surprise that the American people the floor. So I appreciate the oppor- should not be reimbursed for their pat- support allowing Medicare to negotiate tunity to say a few words. I first thank ent because this discovery was so im- drug prices. Senator CASEY for organizing this very portant for changing people’s lives and I hear it everywhere I go: Why can’t important discussion on the floor, and the quality of their lives. They actu- Medicare just negotiate and get a bet- Senator CARDIN and Senator WYDEN for ally gave the patent to the University ter deal—commonsense? their passion, and I want to join them of Toronto for three Canadian dollars One recent poll showed that 92 per- in speaking out about protecting Med- over 100 years ago, and yet we are now cent of voters support allowing Medi- icaid. seeing the price triple just in the past care to negotiate with drug companies. We are talking about people, the ma- 15 years. Only Republicans in Congress and jority in nursing homes. We have three This places a real burden on people pharma lobbyists are stopping negotia- out of five seniors in Michigan who with diabetes and their families. tion from moving forward. We need to have nursing home care and get that Suzanne said this: change the system and put people be- through Medicaid, which is critically I don’t even take the amount that I’m sup- fore profits. We need to put people be- important, as well as children and fam- posed to take. . . . We can’t put money into fore profits. ilies. So I want to lend my support to our retirement. My husband has to work past The best way to do that is to allow them, and then I wish to expand the [retirement age] because we can’t afford to Medicare to negotiate with the drug talk about another very important live. companies. That could make a big dif- piece of healthcare and how we bring She added: ference for people like Jack, who lives down costs for people. This is a life or death drug. I have to have in Constantine. Jack was diagnosed I have always believed that this drug to live. with stage IV prostate cancer late last healthcare is a basic human right and Suzanne doesn’t take insulin because year. His oncologist wanted him to everyone should be able to afford the she wants to. She takes insulin because start taking a drug called Zytiga. It

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.048 S12JNPT1 S3354 CONGRESSIONAL RECORD — SENATE June 12, 2019 was going to cost an astonishing $15,000 majority of those crossing our border aged by the President, and I am very for the first month. illegally were adult men from Mexico. supportive of the President’s plan and A generic medication had become In fact, in fiscal year 2000, 98 percent of his administration’s, where they suc- available, but after Medicare and sup- those people caught at our border were cessfully negotiated an agreement with plemental insurance, Jack still would Mexicans. Under U.S. law, migrants Mexico that will lead to more migrants have to pay $3,400 the first month and from Mexico can be immediately re- waiting outside the United States more than $400 each month after that. turned to Mexico by the Border Patrol, while their asylum claims are being In his letter to me, Jack wrote this: but today we are seeing families and processed. I believe the agreement will I just retired in June, moving back to not just adults. improve the situation on the southern Michigan to be closer to my family, and this Last month, of the over 133,000 peo- border when it is fully implemented. cost . . . is an extreme hardship. ple, nearly 64 percent of those who While we have to work to improve He added: crossed our borders did that as a family the situation going forward, we have to Getting pharmaceutical companies to re- unit, and the vast majority of them are address the problem we have right here duce their price so an average retiree can af- from other places than Mexico. They today. I am the chairman of the Appro- ford to use them would be a great place to are Guatemalan, Salvadoran, and Hon- priations Subcommittee on Homeland start. I hope and pray you and your col- duran. Of the more than 84,000 mem- Security. I must repeat to this body leagues on both sides of the aisle would be bers of family units apprehended by what I repeated here before, 6 months able to get something done so people who Border Patrol last month, only 547, less ago. We do not have a choice. We do need the medication that they need to thrive than 1 percent, were from Mexico. not have a choice, but we must get this and survive are able to get it. So unlike folks from Mexico, these emergency supplemental done. It is the Jack is right. He and Suzanne and folks who are coming cannot be sent only choice we have from a humani- other people like them across Michigan home immediately under U.S. law. tarian perspective. It is the only choice and across the country deserve better They remain in our country often for we have from a border security per- than what is happening right now. I months or years as their cases work spective. could go on, and I will not, through their way through the system. If we fail, the Department of Home- price after price after price. The re- To summarize, today we have signifi- land Security will be faced with even ality is prices are too high. We pay the cantly more people crossing our south- more difficult choices. It will either highest prices in the world. Every ern border, and because of who they have to stop their efforts to improve other country gets involved in negoti- are, whom they are traveling with, and these horrible conditions on our border ating prices on behalf of their citizens. where they are traveling from, each of or it will have to raid other agencies The drug companies told me at a these individuals causes us to have a that are vital to our national security. hearing that they make a profit in more significant strain on our system. I don’t want to see that happen. every other country but they make Our system makes it advantageous for There was a very robust debate a few more here. They charge more here. migrants from places other than Mex- months ago about the crisis on our bor- Why? Because they can. ico to cross the border with children. der. Was it real or was it manufac- So it is time for us to work together So more people than ever are making tured? I stood here 6 months ago and to allow Medicare to negotiate drug absolutely sure they are accompanied said it is real and, quite frankly, I prices and put people before profits. by a child on their long and often very don’t hear that topic up for debate I yield the floor. dangerous journey from those places much anymore. I think we all know it The PRESIDING OFFICER. The Sen- through Mexico. is real. It is tragic, but we can do some- ator from West Virginia. All of these factors I have discussed thing about it. Mrs. CAPITO. Mr. President, I stood have completely overwhelmed our sys- The New York Times, no less, is now before this body on December 11, ex- tem. Everybody in this Chamber ought deciding the situation is ‘‘a night- actly 6 months ago, to discuss what I to believe that and know it is true. mare’’ and is imploring Congress to called then ‘‘an escalating crisis on our Conditions at Border Patrol stations stop ignoring this crisis. southwest border.’’ Well, 6 months that were never intended to be used as It was 103 degrees this past weekend later, I don’t think this is a subject for migrant shelters are stunning. These at one of our entry points at McAllen, debate anymore. Not only is this a cri- facilities are bursting at the seams, TX, which is the epicenter of this cri- sis, but it is one that has escalated and and our Border Patrol agents are sis. We know it is only June, and it is continues to do so. Congress must take spending more time caring for these only going to get hotter. I hate to see action or I feel it will come to deeply migrants than they are patrolling our what the situation will look like this regret our inaction. border, which is their core function. At summer if we fail to act. When I called it a crisis in December, any given time these days, somewhere I will end with this. The men and 50,000 migrants had been apprehended close to 20,000 individuals are being women of the Department of Homeland crossing our southwest border during housed in Customs and Border Protec- Security who work our border and are the previous month of November. It is tion facilities not at all conducive to trying to process this influx of people now June, 6 months later, and we are extended stays. In other words, these are doing incredibly tremendous work. looking at the numbers for May that facilities were not meant for long It is stressful, it is hard, and in many approach over 133,000 apprehensions— stays. cases it is not the mission they signed the highest 1-month total in 13 years. People are upset. It is unsettling see- up for when they joined the Depart- In 6 short months, the numbers of en- ing pictures of people sleeping on con- ment of Homeland Security, but they counters on the border have increased crete floors under Mylar blankets. I have stepped up to address a national by more than 156 percent. Over the past have been to these facilities and, yes, it need, and it is past time that we 12 months, the number has increased is heartbreaking to see, but when drug stepped up for them and for these chil- by more than 229 percent. Those are lords are dropping off busloads of mi- dren and these families in need. staggering figures. grants in secluded parts of our south- Thank you. To put this in context for my fellow west border, where there is virtually no The PRESIDING OFFICER. The Sen- West Virginians, in the month of May infrastructure, there is not much to be ator from Ohio. alone, the Border Patrol apprehended a done to improve the situation, unless TAX REFORM population that is larger than our cap- we provide the resources to deal with Mr. BROWN. Mr. President, there are ital city, Charleston; Huntington, WV, this crisis. a lots of things we know about Amer- our neighbor; and Morgantown, WV, So what is happening? In the last 51⁄2 ican workers today; that is, that work- combined—three of our largest cities in months, more than 22,000 family units ers understand that they are working 1 month. that crossed our border illegally have harder than ever and have less to show As I said standing at this desk in De- been released into the United States— for it. Productivity is up. Stock prices cember, the flow of people across the often without any place to go—and told are soaring. Executive compensation border is not only larger but is also to come back when their case comes has gone through the roof. Profits are changing. Twenty years ago, the vast up, which could be years. I am encour- up, but wages are largely flat. It is not

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.049 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3355 a coincidence, not an accident of the has dramatically increased. Between of the aisle, and say we are going to market. It is not an inevitable result of 2010 and 2017, corporations spent more vote for this huge tax cut for rich peo- capitalism that compensation for ex- than $3 trillion on stock buybacks. ple—this bill written down the hall in ecutives just vaults skyward, that prof- How much is that? Three trillion is Senator MCCONNELL’s office—we are its are up, and that stock prices are up 3,000 billion. going to vote for a bill to give big tax and wages are flat. Capitalism doesn’t You all remember last year down this cuts to rich people, and that money is have to be that way. It is just the way hall, as I pointed out before, where going to work its way down to help the it is now. Senator MCCONNELL works, the major- middle class. Don’t even bother trying Wall Street’s laser focus on accumu- ity leader’s office, lobbyists were going to lie to us and tell us that. That never lated wealth for people who already in and out of there writing the tax bill happens. have great wealth is by their explicit a year and a half ago. We had that dis- Proponents of stock buybacks argue design. It comes at the direct expense cussion a number of times. Last year, that companies purchase their own of American workers. That is why I am following President Trump’s tax give- shares only after considering other laying out the case for how Wall Street away to corporations, that tax bill that value-creating investment options. undermines workers and some of the was written down the hall in the lead- There is not a lot of consideration of changes we need to make in this coun- er’s office, 75 percent of the benefits of other options when more than 90 cents try to grow our middle class and make that tax bill went to the richest 1 per- on the dollar is spent on stock hard work pay off. cent. buybacks. They expect us to believe Each installment of this series, what Last year, following President America is truly out of ideas. Are all we are calling ‘‘Wall Street’s War on Trump’s tax giveaway to corporations, our factories as updated as they can Workers,’’ is posted on my media page. companies spent $1.5 million every be? Are all workers earning a fair wage You can follow along at minute of every day on stock they can live on? Of course not. www.medium.com/@SenatorBrown. buybacks. Since that bill passed—that Talk to any family in Cleveland, I have talked about how Wall giveaway to the richest people in this where I live now; or Lorraine, where I Street’s business model encourages country—companies have spent $1.5 lived before; Mansfield, where I grew companies to pay workers low wages million every minute of every day on up; or Chillicothe; or Marietta. Talk to and to lay off workers. It is the cost of stock buybacks. anyone outside of Wall Street or the doing business to minimize the expense A couple of years ago, Home Depot richest enclaves of this country. Ask of workers. Today I want to talk about spent 99 percent of its net-net income these families if they can think of a how corporations use stock buybacks on stock buybacks; IBM spent 92 per- better investment for the trillions of to withhold profits from workers who cent. Think about that—99 percent and dollars in wealth American workers create them. The workers create this 92 percent of its income spent on stock have created. value, these profits and, instead, Wall buybacks. That is not money going to It doesn’t have to be this way. The Street and these corporations keep a $14-an-hour worker at that company. Tax Code is one of the best tools we more and more profits for their CEOs That is not money going to reinvest in have to influence businesses. Tax re- and for Wall Street investors. equipment or building the company or form should have been an opportunity Corporations focus on the short-term research. Ninety-nine cents on the dol- for companies to encourage people to performance on the stock market, not lar is going to stock buybacks to en- invest more in workers. the long-term success of their company rich the biggest—not the small-time When I went to the White House in and its workers. Their main goal be- investors, to enrich the biggest inves- that meeting with President Trump, I comes increasing stock prices quarter- tors. Companies are spending close to gave him a couple of ideas. I actually to-quarter. That is how CEO’s perform- 100 percent of their profits on that—not handed him legislation. I handed him ances are evaluated. They are not on wages, not on other things. thinking 10 years down the road. They Do you know what? When all this was the Patriot Corporation Act. Do you are certainly not thinking of their going on back when this tax bill was know what that bill does? It doesn’t country or community or even long- written—and I remember opening this just give tax breaks to the big cor- term of their company. They are think- door and pointing down the hall to porate lobbyists who come in and out of Senator MCCONNELL’s office. The Pa- ing about stock prices quarter-to-quar- Senator MCCONNELL’s office—around ter. That is how their performance is that time, President Trump invited triot Corporation Act says that if your evaluated. They are compensated, in some Senators of both parties to the company pays good wages, if your com- large part, with company shares. White House. He promised us that pany provides decent benefits for Increasingly, corporations juice every American would get at least a health and retirement, if your com- those stock prices by repurchasing $4,000 raise; some would get a $9,000 pany makes your product in the United their own stock—what we call a stock raise. Do you know what happened? I States of America, you get a lower tax buyback. Because there are a finite know the President figured out he rate. number of company shares at any wasn’t really telling the truth. He was A comparable bill, the freeloader fee given time, purchasing shares will de- doing his typical exaggeration. bill, says that if you, on the other crease the number of shares available When he said every American would hand, are a company where a huge to investors and therefore drive up the get a $4,000 pay increase, at least, that number of your workers receive Med- value of the remaining shares. Existing money didn’t go to wage increases. In icaid because you don’t provide health stockholders will see their stock value those two companies, more than 90 per- insurance, a huge number of your increase. Lo and behold, who are those cent of it went to stock buybacks. It workers get food stamps because you existing shareholders? Many of them went to increases in salaries and wages don’t pay high enough wages, and a owning great numbers of shares are— but only to the top executives. Don’t huge number of your workers get sec- shocking—the executives of the compa- even try to tell us that these tax cuts tion 8 housing tax credits, you pay a nies. for the rich trickle down to middle-in- corporate freeloader fee. That corpora- They offer an even more attractive come workers or trickle down to mid- tion is penalized. option to executives than dividends be- dle-income Americans. They simply If the company does the right thing, cause buybacks are more flexible, and don’t. they should have a lower tax break. If they aren’t taxed until the shares are Buybacks jumped even more after a company depends on American tax- sold. President Trump signed that bill. More payers to subsidize their low-wage em- Stock buybacks have been a way for money was spent on stock buybacks in ployees, that company should be penal- companies to return cash to share- 2018 than on debt payment, capital ex- ized. It is as simple as that. holders rather than investing in work- penditures, research and development, The President said he liked these ers, rather than investing in new prod- on dividends. ideas, but then the special interests ucts since at least the 1980s, but since Virtually almost every Republican came funneling into Senator MCCON- the past decade or so, the amount cor- voted for that tax bill. Don’t try to NELL’s office, lining up out in the hall porations are spending on buybacks come here, my friends on the other side as far as you can see. They were going

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.051 S12JNPT1 S3356 CONGRESSIONAL RECORD — SENATE June 12, 2019 into the office petitioning, asking, beg- on $1 to every worker in that company. is clear from the Mueller report is they ging, pleading for the majority leader I am calling it a worker dividend, and repeat what they have found and how to take care of them, and he did. all public corporations would be re- they went through the process of what If we started corporate tax reform quired to pay it. the Russians were trying to do in work- with the Patriot Corporation Act, we I will be introducing legislation to ing with social media entities to try to would have seen rising wages. Instead, strengthen SEC rules and to establish create fake American accounts in order we see exploding stock buybacks. the worker dividend in the coming to put out fake information online and Again, we know why. Depending on the weeks. It simply comes back to the dig- in trying to find as many different size of the companies, stocks can ac- nity of work. We should honor work. places as they could in order to put out count for as much as half of an execu- We should respect work. It means bet- stories to create confusion and chaos. tive’s compensation. An executives’ ter wages. It means retirement bene- I have had multiple folks back in my personal interest influences decision fits. It means healthcare. It means State who have asked me, why would making. more control over your work schedule. the Russians do this? It is because the One study of 2,500 companies found It means a safe workplace. It means Russians cannot match us militarily, that the greater the percentage stock childcare. It means all the values that economically, or culturally, so they options in executive compensation we appreciate as Americans. With the use alternative ways of doing warfare. packages, the more likely a company dignity of work and respecting and For them, their favorite type is just was to do stock buybacks. No kidding. honoring work, we would see a worker stirring up chaos. They look for every If I am a CEO, and I see that my com- dividend. time Americans or any free democracy pensation depends on stock buybacks, I Wall Street so often doesn’t recog- argues with another, and when they am going to maybe cash in and do nize that all work has dignity. Whether find democracies arguing with each stock buybacks. That is at least what you swipe a badge or punch a clock, other, they reach in and take both we have seen. whether you work for tips, whether you sides and try to elevate the arguments. Basically, what I have told folks at We shouldn’t be surprised that when work on salary, whether you are caring home is that it is like two kids on the the President and Leader MCCONNELL for an aging parent, whether you are playground who are fighting. There is handed them a windfall, those execu- raising your children, all work has dig- always a third kid on the edge of the tives turned around, plowed their nity. Dr. King said there is no job that playground who screams ‘‘fight, fight, money right back into stock buybacks is menial if it has adequate compensa- fight’’ in trying to get as many people and into their own pockets. tion. as possible to come to the fight. Well, A good example of that is really close Wall Street considers shareholders’ the Russians are that other kid on the to home for me. It is what happened to equity in a company to be all that mat- playground. They are not actually one General Motors. General Motors pays ters. Workers have equity in a com- of the kids fighting; they are just try- almost no taxes anyway. It is a profit- pany too. It is called sweat equity. For ing to make it louder and bigger. able corporation. Ten years ago, in this the first time in years in this country, The Russians have actively engaged Senate, I was proud of what I did. I it is time that workers are rewarded in trying to stir up any kind of con- worked with Senator Voinovich, Re- for their work. troversy, and elections are just one publican from Ohio; I worked with I yield the floor. place in which a democracy has con- The PRESIDING OFFICER. The Sen- President Bush, the second; and troversy. They stir up controversy just ator from Oklahoma. worked with President Obama in sav- as much anywhere else they find it, but ing those two plant companies, Chrys- ELECTION SECURITY it is easier at election time when ler and GM. It meant that a lot of Mr. LANKFORD. Mr. President, we Americans are making decisions and Ohioans and a lot of people around the are 8 months away from the first pri- taking sides on their own. They do this country continued to have decent jobs. mary of the 2020 election. There is a on social media, but we also know from What happened 10 years later? They false belief that the 2020 election is a the Senate Intelligence Committee and closed their plants. They do major year and a half away when it is 8 its excellent work in its bipartisan stock buybacks. The executives get months away. process, as well as from the Mueller re- richer, and because of this Trump tax In his May 29 speech, Robert Mueller port, of what they were trying to do in law, more production goes to Mexico. made the statement that there were their reaching into election systems. How do we stop this never-ending multiple systematic efforts to interfere There were 21 States that had their cycle of corporate greed and make sure in our election. That allegation de- elections systems probed by the Rus- the workers share the profits they cre- serves the attention of every Amer- sians. That means, electronically, the ated? It may not seem like it, but there ican. FBI Director Chris Wray made Russians went in to see if the doors are already regulations in place to pre- the statement that the 2018 election were locked. If they found that a door vent stock price manipulation. was a dress rehearsal for the big show. was locked and they couldn’t easily get The problem is, the SEC rule put in There are a few statements that we into the system, they would move on place in 1982 has big loopholes. We need can argue about in this body. I find ab- to another State and see if they could to strengthen the SEC rules to ban solutely no one arguing in this body find a way to get into its system. The buybacks and provide more trans- that the Russians didn’t try to inter- good news in this process is that the parency. fere in our election of 2016. If you go all Russians were not able to get into a Some have suggested we ban the way back in history to 2012, the single election as far as their affecting buybacks altogether. That might sound Russians actively engaged in the any of the votes. good, but it will not do anything to put Ukrainian election. In that election, Through all of the investigations that money in the pockets of workers they found multiple ways to interfere from every single State, from an intel- where it belongs. The goal is not to tax and to change the stories on social ligence investigation, from our intel- the rich. The goal is to quit giving media. They found multiple ways to ligence community and its investiga- them tax breaks, and the goal is to interfere in their election internally. tions, from the FBI and its work, and plow money into the middle class, to That interference in 2012 was their from the Mueller report, there were no help American workers get their fair practice run for what they launched on votes that were changed. We know share, to help American workers share the United States in 2016. that. We also know that the Russians in the wealth they create for corporate It is not just against us. The Russian were looking and what they were try- America. Federation has attacked every single ing to find. What they did find is access My proposal is simple. If corpora- NATO country’s election—every one of to voter databases. That tells us, for tions want to transfer wealth to Wall them. It just happened to come to us the next election, they will be looking Street, workers simply get a propor- last. I have no doubt that this will not to see if they can get to that again. tionate share of the pie. For every $1 be the last time the Russians will try This is the lesson we need to learn million passed on to shareholders in to interfere in our elections. from this as they do their the form of stock buybacks or divi- As I walk through the entire first spearfishing—as they reach out to dif- dends, corporations will have to pass section of it over and over again, what ferent election systems.

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.053 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3357 Here is what I think we can do in the in which you can kind of push your I have had some folks say to me: Do days ahead and what we can have as way through the buttons on it, do it all you know what? Those five States that our basic findings. As a nation, we need electronically, and look at it. When don’t have auditable systems are going to be prepared for this. There are a you decide ‘‘this is exactly how I to need Federal assistance because it is couple of ways we can do it, and we voted’’ and you push the final button, going to be expensive. That seems like have made very clear proposals in it prints a paper receipt, basically, that a great argument unless you look at order to take this on. is kept there. Then you can verify how the 45 other States that have figured We need to give security clearances you voted on the paper, which is stored out how to do it without Federal as- to each and every State so that if we on the machine, and you can also look sistance. This argument that it is discover something on the Federal side at it electronically. It is very clean and going to take $1 billion to help those and if anyone in the intelligence com- very easy. There are other places that last five States do what the other 45 munity identifies there is a problem, only use paper and count it all by hand States have found a way to do without one can rapidly get to a State and ask, because they are in the rural areas. Federal assistance just doesn’t wash are you aware of this? That was not Any of those systems work. There is with me. Those five States can do the present in 2016. We didn’t have points no reason for the Federal Government same thing that the other 45 States of contact between the Department of to tell each State how to do its local have done and have auditable, efficient Homeland Security and every secretary elections, but we do need to encourage election systems. of state in each State so they could those States to have systems that We don’t want Russia, Iran, or North also maintain rapid security, not only allow them to go back and audit and Korea to tamper with our elections in just normal communication but at the verify. We don’t need to have anything 2020 or, for that matter, for there to be classified level as well. at the end of election day that makes any domestic interference. We need to We need the DHS to voluntarily en- Americans doubt the strength of our be able to prove the accuracy of our gage with every single State and ask, democracy or the capability of our de- elections, and it shouldn’t be a chal- would you like an additional layer of mocracy to hold an election. lenge for us in the days ahead. We are cyber protection? I can’t imagine a So here are the basic recommenda- 8 months away from these elections, State would not choose to add an addi- tions that are coming from the Senate and we need to complete what we have tional layer on top of its existing cyber Intelligence Committee and with which started. protection. I will concur: I do need to mention one thing. I am States should continue to run elec- We also need to encourage States to exceptionally proud of the DHS and the tions. We do not need to federalize be attentive to any vulnerabilities they work it did in 2018. There were no elections, and we do not need to re- have in their election systems. This is grand stories about election problems quire that there be Federal certifi- not something we can do at the Federal in 2018 because the DHS officials cations for election machines. There is level. At the Federal level, we don’t worked tirelessly to help States and no reason to play Mother May I? with tell States and counties and precincts walk alongside them. State secretaries someone in Washington, DC, on how it how they should do their elections; of state and local volunteers all around works. States need to run their elec- that is a State’s unique responsibility. tions, but the Federal Government the country worked exceptionally hard We have a different election system to pay attention to the election issues. in Oklahoma than what they have in should always be there to assist States and to say: If you have a question or if We cannot stop focusing on that. We Louisiana and in Texas and in Kansas. need to be aware that the Russians Although there are border States right you want a second opinion, we can offer that. don’t just do it once; they do it over around us, you would think we would The DHS should continue to create and over again, as every one of our Eu- all share and do it exactly the same, clear channels of communication be- ropean allies can tell us. They will but we don’t. That is actually a tween the Federal Government and ap- keep coming with misinformation, and strength of our system. The Russians propriate officials at the State and they will keep coming to try to desta- can’t get into one system, hack into it, local levels. Again, in 2016, when Jeh bilize. We, as well, can be clear and and then get into our entire election Johnson contacted State officials and push back on this in the days ahead. system, because States do it differently said there was a problem with the elec- I have a bill called the Secure Elec- across the country. Yet we do need to tion that was coming, State election tions Act, which we worked on for a be attentive if any State has a vulner- officials pushed him away and said: We couple of years, that answers all of able system. don’t know who you are, and we don’t these questions, and I look forward to Right now, the greatest challenge we know why you are calling us. We can’t its passage. In the meantime, I am have is with the States that actually ever have that again. grateful that those at the DHS are pay- use paperless voting systems, for there The DHS should expedite security ing attention to this, and I encourage is no way to verify the accuracy of clearances for appropriate State and them to continue to not only consider those votes. If all of the votes are done local officials. these recommendations but to apply electronically—and there are States The intelligence community should them. that don’t do it, like mine. We don’t do work to declassify information quick- I yield the floor. it that way, but some States do. In ly. The last time the warnings came The PRESIDING OFFICER. The Sen- fact, there are five States that do it out about the Russian engagement in ator from Oklahoma. that way. You are basically walking up our election, it took over a year for f to an iPad, pushing different buttons, States to learn that it was the Rus- ORDERS FOR THURSDAY, JUNE 13, and then walking away. That all looks sians who had been trying to reach into 2019 very clean, and there is no threat like their systems. That can never happen there was in 2000 of hanging chads be- again. Mr. LANKFORD. Mr. President, I ask cause you can see it there. The problem On a national level, we should create unanimous consent that notwith- is, if there were a problem with that voluntary guidelines on cyber security, standing rule XXII, following leader re- software, there would be no way to best practices for public awareness marks on Thursday, June 13, 2019, the verify that vote. campaigns, promote election security Senate be in a period of morning busi- In my State, you mark on a paper awareness, and work through the U.S. ness with Senators permitted to speak ballot, and you run it through an opti- Election Assistance Commission, the up to 10 minutes each; further, that at cal scan. At the end of election day, National Association of Secretaries of 10:45 a.m., Senator PAUL or his des- they count up all of the things from State, and the National Association of ignee be recognized to make motions the optical scan, and the paper ballots State Election Directors. All of them to discharge S.J. Res. 20 and S.J. Res. are secured away. If there is a question have a role. We should have active 26 and that the motions to discharge be about a machine and its count, we can communication among each other and debated concurrently until 11:30 a.m., go back and verify it. among the DHS. States should also with 7 minutes reserved for the chair- In other States, they have systems rapidly replace outdated, vulnerable man and ranking member, respec- that are very similar to that of an iPad election systems. tively; further, that at 11:30 a.m., the

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.054 S12JNPT1 S3358 CONGRESSIONAL RECORD — SENATE June 12, 2019 Senate vote in relation to the motions Now more than ever, constituents are that will be felt across the world, but to discharge in the order listed and engaging with the issues of the day and her legacy of earnest, passionate serv- that following disposition of the mo- are willing to let their elected officials ice will continue to inspire us for dec- tion in relation to S.J. Res. 26, the Sen- know their views on what is important ades to come. ate proceed to executive session and to them. I can tell you that, of the f the Senate vote on the motion to in- physical mail and emails my office re- ADDITIONAL STATEMENTS voke cloture on the Crawford nomina- ceives, net neutrality has been one of tion; finally, that if cloture is invoked the most important issues to Illi- on the Crawford nomination, at 1:45 noisans. Since January 20, 2017, my of- 150TH ANNIVERSARY OF p.m. on Thursday, the Senate vote on fice has received almost 200,000 letters TANGIPAHOA PARISH the confirmation of the Stilwell nomi- on the topic of net neutrality, and by a ∑ Mr. CASSIDY. Mr. President, today I nation and the Crawford nomination; mile, constituents are in support of the wish to acknowledge the 150th anniver- further, that if confirmed, the motions principles of net neutrality and want sary of the founding of Tangipahoa to reconsider consider be considered to reverse the action taken by the FCC. Parish in my home State of Louisiana. made and laid upon the table and the I have got news for you: the Members It is a parish filled with hard-working President be immediately notified of of the House have heard their constitu- and patriotic citizens who work day in the Senate’s action. ents loud and clear. Two months ago, and day out to better our State and our The PRESIDING OFFICER. Is there the House passed the Save the Internet Nation. objection? Act that would reaffirm the govern- Tangipahoa Parish is located in the Without objection, it is so ordered. ment’s commitment to net neutrality section of the State known as the Flor- f and prevent major corporations from ida Parishes. The word Tangipahoa slowing down, blocking access to, or LEGISLATIVE SESSION means ‘‘those who gather corn’’ and re- charging more for certain websites. fers to a sub-Tribe of Native Americans When this bill arrived in the Senate, called the Acolapissa. The parish is 823 MORNING BUSINESS what have we chosen to do? A measure square miles, with the Mississippi containing principles that 77 percent of State line serving as its northern bor- Mr. LANKFORD. I ask unanimous Republicans support and received bi- der and Lakes Maurepas and Pont- consent that the Senate proceed to leg- partisan support last Congress? Not a chartrain at its southern border. islative session and be in a period of thing. This part of our State is rich with morning business, with Senators per- Leader MCCONNELL and Republicans history. The Natives used this area as mitted to speak therein for up to 10 have instead proceeded to turn the part of a route to travel between Mo- minutes each. Senate into a legislative graveyard. bile and Pensacola and through Pass The PRESIDING OFFICER. Without They have prioritized doling out life- Manchac to Illinois and the Great objection, it is so ordered. time appointments to our Federal Lakes. The Acolapissa Tribe also led f courts while refusing to take action on Bienville and Iberville through NET NEUTRALITY many of our Nation’s pressing most Manchac, where they named two near- issues, including demonstrating a com- by lakes ‘‘Maurepas’’ and ‘‘Pont- Mr. DURBIN. Mr. President, it is mitment to upholding a free and open chartrain’’ to honor the French finance hard to believe that this week marks 1 internet. ministers who supported the New year since the Trump administration f World colony, which Bienville named and Federal Communications Commis- New Orleans. sion Chairman Pai, chose to reverse REMEMBERING MOLLY HOLT The French and Spanish controlled the Commission’s stance on net neu- Mr. WYDEN. Mr. President, today I their Louisiana territory for some trality. What is net neutrality? The wish to recognize the passing of Molly time. However, the British controlled principles are simple. Internet service Holt. Known affectionately as the the Florida Parishes. The Louisiana providers should be required to treat Mother of All Korea’s Orphans, Molly Purchase gave Louisiana to the United all internet content and traffic equally. Holt dedicated her life to advocating States, but the Florida Parishes were They should not be able to block access for disabled, often homeless, children not a part of the purchase. It was an to websites, to reduce the speeds at and adults in South Korea. Born to international boundary between the which consumers browse the internet, international adoption pioneers Bertha Spanish and the United States until or charge consumers more based on the and Harry Holt, Molly carried the fam- 1812 when Louisiana was named a types of websites they are visiting. ily legacy with a steadfast dedication State. The Trump administration believes to serving those less fortunate. In the mid-1800s, the railroad indus- that companies should be able to freely Molly first traveled to South Korea try brought development into the area. block or slow down consumers’ access as a young nursing graduate, eager to However, people felt inconvenienced by to the internet in the interest of higher assist her father as he attempted to the distance they had to travel to con- profits. My Democratic colleagues and provide care for the many children left duct business in the nearby parishes. I believe that all content should be orphaned by the Korean war. She spent To solve this, citizens carved out their treated equally, and corporate finan- most of her life working tirelessly with own parish from the four surrounding cial interests should not be more im- the residents of the Holt Ilsan Center parishes. The boundaries were solidi- portant than protecting American con- in Korea, a long-term care facility for fied by law in 1869, which created sumers. children and adults who have special Tangipahoa Parish. The fact is that most Americans physical, medical, or mental needs. Tangipahoa Parish is home to the agree with us. The decision to rollback Molly was a champion for the children State’s third largest public university, net neutrality was unpopular a year at the Holt Ilsan Center, who affection- Southeastern Louisiana University. It ago, and it remains unpopular today. ately referred to her as Unnie or big is also known for its many festivals, in- In March of 2019, a poll conducted by sister. It was through her steadfast ad- cluding the Strawberry Festival, the tech research firm, Comparitech, found vocacy that many children housed at Sicilian Heritage Festival, the Italian that four in five Americans support net the center were able to find permanent, Festival, and the Oyster Festival. The neutrality. loving homes. pop icon Britney Spears is from the Make no mistake, at times, it seems Molly Holt will be remembered as an town of Kentwood, in Tangipahoa Par- like we are living in one of the most exceptional Oregonian, a woman who ish. partisan times in our Nation’s history, was guided by her strong convictions Happy 150th anniversary to but on the topic of net neutrality, 86 towards a life of charity and compas- Tangipahoa Parish. You are etched in percent of Democrats, 79 percent of sion. Even in the face of a debilitating our colorful and rich history. Thank Independents, and 77 percent of Repub- illness, Molly remained committed to you for all of your contributions to our licans support protecting a free and serving the people that she loved with beautiful State that we are fortunate open internet for American consumers. her whole heart. Her passing is a loss to call home.∑

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.056 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3359 100TH ANNIVERSARY OF GARFIELD tion Review Board in the Department of Columbia; Administrative Corrections and COUNTY Homeland Security, and for other purposes. Emissions Statements Certification for the 2008 Ozone National Ambient Air Quality ∑ Mr. TESTER. Mr. President, I rise The message also announced that pursuant to 22 U.S.C. 6913, and the Standard’’ (FRL No. 9995–06–Region 3) re- today to honor a ranching community, ceived during adjournment of the Senate in a community that knows the meaning order of the House of January 3, 2019, the Office of the President of the Senate on and value of hard work and that truly the Speaker appoints the following June 7, 2019; to the Committee on Environ- embodies the spirit of the great state Member on the part of the House of ment and Public Works. of Montana. Representatives to the Congressional EC–1625. A communication from the Direc- Executive Commission on the People’s tor of the Regulatory Management Division, Garfield County is 100 years old this Environmental Protection Agency, transmit- Republic of China: Mrs. HARTZLER of year. After splitting from neighboring ting, pursuant to law, the report of a rule en- Dawson County in 1919, this group of Missouri. titled ‘‘Approval and Promulgation of Air homesteading pioneers voted to make f Quality Implementation Plans; State of Jordan its county seat and get to work MEASURES REFERRED Utah; Revisions to the Utah Division of Ad- doing what Montanans do best: making ministrative Rules; R307–101–3’’ (FRL No. a living off the land. The following bill was read the first 9994–88–Region 8) received during adjourn- ment of the Senate in the Office of the Presi- Ranching is a way of life out here, and the second times by unanimous consent, and referred as indicated: dent of the Senate on June 7, 2019; to the one that has sustained families, built Committee on Environment and Public H.R. 2609. An act to amend the Homeland communities, and contributed to Mon- Works. tana’s rural heritage. Security Act of 2002 to establish the Acquisi- EC–1626. A communication from the Assist- While ranching and agriculture re- tion Review Board in the Department of ant Secretary for Legislation, Department of Homeland Security, and for other purposes; Health and Human Services, transmitting, main Garfield’s top industries, the to the Committee on Homeland Security and county is perhaps most well known for pursuant to law, a report entitled ‘‘Medicare Governmental Affairs. National Coverage Determinations for Fiscal another export: bones. f Year 2018’’; to the Committee on Finance. Garfield County sits atop the Hell’s EC–1627. A communication from the Assist- Creek Formation. Millions of years be- EXECUTIVE AND OTHER ant Secretary for Legislation, Department of fore European settlers built their COMMUNICATIONS Health and Human Services, transmitting, homesteads and long before the Assini- The following communications were pursuant to law, a report entitled ‘‘Child boine and Crow tribes occupied the laid before the Senate, together with Welfare Outcomes 2016: Report to Congress’’; to the Committee on Finance. land, Garfield County was home to accompanying papers, reports, and doc- EC–1628. A communication from the Attor- some of the most fearsome creatures uments, and were referred as indicated: ney-Adviser, Legislation and Regulations Di- ever to roam the Earth. Its Tyranno- EC–1619. A communication from the Assist- vision of the Visa Office, Department of saurus rex and Triceratops fossils are ant Secretary of Defense (Legislative Af- State, transmitting, pursuant to law, the re- some of the best preserved, and most fairs), transmitting legislative proposals rel- port of a rule entitled ‘‘Visas: Diversity Im- renowned, specimens ever discovered. ative to the ‘‘National Defense Authoriza- migrants’’ (RIN1400–AE74) received in the Of- Rexy, the mighty Tyrannosaurus rex tion Act for Fiscal Year 2020’’; to the Com- fice of the President of the Senate on June mittee on Armed Services. 10, 2019; to the Committee on the Judiciary. who now roams the halls of the Natural EC–1629. A communication from the Asso- History Museum in New York City, was EC–1620. A communication from the Presi- dent of the United States, transmitting, pur- ciate General Counsel for General Law, De- discovered just north of Jordan, and is suant to law, a report relative to the des- partment of Homeland Security, transmit- just one example of the paleontological ignation as an emergency requirement all ting, pursuant to law, a report relative to a contribution Garfield County has funding so designated by the Congress in the vacancy in the position of Assistant Sec- made, a reminder of an ancient history Additional Supplemental Appropriations for retary/Director, U.S. Immigration and Cus- long forgotten and discovered anew. Disaster Relief Act, 2019, pursuant to section toms Enforcement (ICE), Department of The good people of Garfield County 251 (b) (2) (A) of the Balanced Budget and Homeland Security, received in the Office of Emergency Deficit Control Act of 1985, for the President of the Senate on June 5, 2019; have much to be proud of. I rise today to the Committee on the Judiciary. to honor them and to congratulate the accounts referenced in section 1204; to the Committee on the Budget. EC–1630. A communication from the Sec- them on 100 great years. EC–1621. A communication from the Assist- retary, Judicial Conference of the United I know the next 100 will be even bet- ant Secretary, Legislative Affairs, Depart- States, transmitting, a report relative to bankruptcy judgeship recommendations and ter.∑ ment of State, transmitting, pursuant to corresponding draft legislation for the 116th law, a report relative to United States citi- f Congress; to the Committee on the Judici- zens detained in Iran and efforts to secure MESSAGES FROM THE PRESIDENT ary. their release; to the Committees on Banking, EC–1631. A communication from the Board Messages from the President of the Housing, and Urban Affairs; Finance; and Members, Railroad Retirement Board, trans- United States were communicated to Foreign Relations. mitting, pursuant to law, an annual report the Senate by Ms. Ridgway, one of his EC–1622. A communication from the Acting relative to the Board’s compliance with the secretaries. Deputy Chief, National Forest System, De- Government in the Sunshine Act during cal- partment of Agriculture, transmitting, pur- endar year 2018; to the Committee on Home- f suant to law, a report relative to the final land Security and Governmental Affairs. EXECUTIVE MESSAGES REFERRED map and perimeter boundary description for EC–1632. A communication from the In- the Whychus Creek Wild and Scenic River, in spector General of the Pension Benefit Guar- In executive session the Presiding Of- Oregon, added to the National Wild and Sce- anty Corporation, transmitting, pursuant to ficer laid before the Senate messages nic Rivers System; to the Committee on En- law, the Inspector General’s Semiannual Re- from the President of the United ergy and Natural Resources. port to Congress for the period from October States submitting sundry nominations EC–1623. A communication from the Direc- 1, 2018, through March 31, 2019; to the Com- and withdrawals which were referred to tor of the Regulatory Management Division, mittee on Homeland Security and Govern- the appropriate committees. Environmental Protection Agency, transmit- mental Affairs. ting, pursuant to law, the report of a rule en- (The messages received today are EC–1633. A communication from the Asso- titled ‘‘Amendment to Emergency Release ciate General Counsel for General Law, De- printed at the end of the Senate Notification Regulations on Reporting Ex- partment of Homeland Security, transmit- proceedings.) emption for Air Emissions from Animal ting, pursuant to law, a report relative to a f Waste at Farms; Emergency Planning and vacancy in the position of Administrator, Community Right-to-Know Act’’ (FRL No. Federal Emergency Management Agency, MESSAGE FROM THE HOUSE 9995–03–OLEM) received during adjournment Department of Homeland Security, received At 10:20 a.m., a message from the of the Senate in the Office of the President in the Office of the President of the Senate House of Representatives, delivered by of the Senate on June 7, 2019; to the Com- on June 5, 2019; to the Committee on Home- Mrs. Cole, one of its reading clerks, an- mittee on Environment and Public Works. land Security and Governmental Affairs. nounced that the House has passed the EC–1624. A communication from the Direc- EC–1634. A communication from the Gen- tor of the Regulatory Management Division, eral Counsel, Office of Personnel Manage- following bill, in which it requests the Environmental Protection Agency, transmit- ment, transmitting, pursuant to law, the re- concurrence of the Senate: ting, pursuant to law, the report of a rule en- port of a vacancy for the position of Inspec- H.R. 2609. An act to amend the Homeland titled ‘‘Approval and Promulgation of Air tor General, Office of Personnel Manage- Security Act of 2002 to establish the Acquisi- Quality Implementation Plans; District of ment, received in the Office of the President

VerDate Sep 11 2014 03:12 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.052 S12JNPT1 S3360 CONGRESSIONAL RECORD — SENATE June 12, 2019 of the Senate on June 5, 2019; to the Com- cant public safety risks, including in Michi- 1. That the United States Congress appro- mittee on Homeland Security and Govern- gan’s communities. Holding large amounts of priate monies to the State of Arizona to mental Affairs. cash heightens the risk of robbery and vio- eradicate salt cedars from Arizona water- EC–1635. A communication from the Gen- lence; and ways. eral Counsel, Office of Personnel Manage- Whereas, Bringing the marijuana sector 2. That the United States Department of ment, transmitting, pursuant to law, the re- into the traditional financial services sys- the Interior and the United States Depart- port of a vacancy for the position of Direc- tem is in the interest of the state and its ment of Agriculture develop innovative solu- tor, Office of Personnel Management, re- residents. This development will increase tions to control the proliferation of salt ce- ceived in the Office of the President of the public safety, grow the economy, and create dars. Senate on June 5, 2019; to the Committee on jobs. Moreover, it will make transacting 3. That the Secretary of State of the State Homeland Security and Governmental Af- business with, and collecting taxes from, the of Arizona transmit copies of this Memorial fairs. marijuana industry easier. The federal gov- to the President of the United States, the EC–1636. A communication from the Chief ernment should respect the authority of President of the United States Senate, the of the Border Security Regulations Branch, Michigan and other states that have enacted Speaker of the United States House of Rep- Customs and Border Protection, Department policies concerning marijuana use; and resentatives, the Secretary of the United of Homeland Security, transmitting, pursu- Whereas, The Secure and Fair Enforcement States Department of the Interior, the Sec- ant to law, the report of a rule entitled (SAFE) Banking Act of 2019 has been intro- retary of the United States Department of ‘‘Conforming Amendments to the U.S. Asia- duced in the U.S. House of Representatives Agriculture and each Member of Congress Pacific Economic Cooperation (APEC) Busi- (H.R. 1595) to provide safe harbor from fed- from the State of Arizona. ness Travel Card Program Regulations’’ eral regulators for depository institutions (RIN1651–AB24) received during adjournment that provide financial services to marijuana- POM–91. A resolution adopted by the Coun- of the Senate in the Office of the President related businesses and service providers in ty Council of Prince George’s County, Mary- of the Senate on June 7, 2019; to the Com- states that exercise jurisdiction over the land memorializing its support for additional mittee on Homeland Security and Govern- marijuana industry. The measure has re- oversight of major public private partnership mental Affairs. ceived bipartisan support: Now, therefore, be agreements; to the Committee on Environ- EC–1637. A communication from the Attor- it ment and Public Works. Resolved by the House of Representatives, ney-Advisor, Office of General Counsel, De- POM–92. A resolution adopted by the That we urge the U.S. Congress to enact leg- partment of Transportation, transmitting, Mayor and City Commission of the City of islation preventing federal regulators from pursuant to law, a report relative to a va- Miami Beach, Florida, urging the United sanctioning depository institutions for pro- cancy for the position of Deputy Secretary, States Congress to approve S. 788, ‘‘The viding financial services to legitimate mari- Department of Transportation, received in Equality Act,’’ which will serve to extend juana-related businesses in states where the Office of the President of the Senate on federal anti-discrimination protections to marijuana has been legalized; and be it fur- June 5, 2019; to the Committee on Commerce, lesbian, gay, bisexual, and transgender ther Science, and Transportation. (LGBT) Americans by providing them with EC–1638. A communication from the Assist- Resolved, That copies of this resolution be transmitted to the President of the United equal protection under the law; to the Com- ant General Counsel for Regulatory Affairs, mittee on the Judiciary. Consumer Product Safety Commission, States Senate, the Speaker of the United transmitting, pursuant to law, the report of States House of Representatives, and the f a rule entitled ‘‘Virginia Graeme Bake Pool members of the Michigan congressional dele- gation. EXECUTIVE REPORTS OF and Spa Safety Act; Incorporation by Ref- COMMITTEE erence of Successor Standard’’ ((16 CFR Part POM–90. A concurrent memorial adopted 1450) (Docket No. CPSC–2019–0012)) received The following executive reports of by the Legislature of the State of Arizona in the Office of the President of the Senate nominations were submitted: urging the United States Congress to appro- on June 5, 2019; to the Committee on Com- priate monies and federal entities to develop By Mr. INHOFE for the Committee on merce, Science, and Transportation. solutions to eradicate salt cedars in Arizona Armed Services. f waterways; to the Committee on Environ- Navy nomination of Rear Adm. (lh) Gene ment and Public Works. F. Price, to be Rear Admiral. PETITIONS AND MEMORIALS Navy nominations beginning with Rear HOUSE CONCURRENT MEMORIAL NO. 2002 The following petitions and memo- Adm. (lh) Shawn E. Duane and ending with Whereas, the salt cedar tree, also known as rials were laid before the Senate and Rear Adm. (lh) John A. Schommer, which the tamarisk, was brought to the United nominations were received by the Senate and were referred or ordered to lie on the States in the 1800s as an ornamental plant to table as indicated: appeared in the Congressional Record on stabilize soil and control erosion; and January 30, 2019. Whereas, salt cedars are now listed as an POM–89. A resolution adopted by the House Navy nomination of Rear Adm. (lh) Alan J. invasive species by the United States De- of Representatives of the State of Michigan Reyes, to be Rear Admiral. partment of Agriculture; and urging the United States Congress to enact Navy nomination of Rear Adm. (lh) Troy legislation preventing federal regulators Whereas, salt cedars spread prolifically by both seed and sprouting, congesting thou- M. McClelland, to be Rear Admiral. from sanctioning depository institutions for Army nomination of Maj. Gen. Charles A. providing financial services to legitimate sands of acres of river land in Arizona; and Whereas, the density of salt cedars creates Flynn, to be Lieutenant General. marijuana-related businesses in states where Navy nomination of Capt. Mark E. Moritz, marijuana has been legalized; to the Com- dangerous conditions by congesting flood- prone areas, impeding water flow and exacer- to be Rear Admiral (lower half). mittee on Banking, Housing, and Urban Af- Navy nomination of Capt. Christopher A. fairs. bating the impact of flooding; and Whereas, by increasing the frequency and Asselta, to be Rear Admiral (lower half). HOUSE RESOLUTION NO. 101 intensity of wildfires, salt cedars threaten Navy nomination of Capt. Michael T. Whereas, The medical and recreational existing and future infrastructure in sur- Curran, to be Rear Admiral (lower half). marijuana industries are continually grow- rounding communities; and Navy nomination of Capt. Leslie E. ing across states in the country, contrib- Whereas, this invasive plant out-competes Reardanz III, to be Rear Admiral (lower uting billions of dollars to the economy. native cottonwood, mesquite and willow and half). Many states have legalized the use of med- displaces riparian and other wildlife habitats Navy nominations beginning with Capt. ical and/or recreational marijuana, while ad- by altering the ecology and hydrology of na- Kenneth R. Blackmon and ending with Capt. ditional states may do so in the future; and tive systems; and Larry D. Watkins, which nominations were Whereas, Voters of the state of Michigan Whereas, each salt cedar tree consumes 200 received by the Senate and appeared in the have approved the legalization of regulated to 300 gallons of water a day, which lowers Congressional Record on March 5, 2019. medical and recreational marijuana use; and the water table and creates large deposits of Navy nominations beginning with Capt. Whereas, Marijuana is still illegal under salt in the soil; and Scott K. Fuller and ending with Capt. Mi- federal law, creating confusion and uncer- Whereas, salt cedars negatively impact Ar- chael J. Steffen, which nominations were re- tainty in banking, taxation, and other mat- izona’s economy by jeopardizing agriculture ceived by the Senate and appeared in the ters. Because of the federal prohibition, due to high water usage, tending to obstruct Congressional Record on March 5, 2019. there is an extreme risk to provide financial irrigation canals and limiting recreational Navy nomination of Capt. Paula D. Dunn, services to marijuana-related businesses and opportunities; and to be Rear Admiral (lower half). service providers, resulting in a cash-inten- Whereas, eliminating salt cedars will sus- Navy nomination of Capt. Pamela C. Mil- sive industry. In turn, it is very difficult for tain precious water supplies, reduce the risk ler, to be Rear Admiral (lower half). such businesses to accept noncash payments of environmental disasters, and minimize Air Force nomination of Gen. John W. from customers and make noncash payments structural and ecological damage and loss of Raymond, to be General. to employees, suppliers, governments, and life. Army nomination of Lt. Gen. Paul J. others; and Wherefore your memorialist, the House of LaCamera, to be General. Whereas, The proliferation of cash in the Representatives of the State of Arizona, the Army nomination of Maj. Gen. Michael E. marijuana industry has given rise to signifi- Senate concurring, prays: Kurilla, to be Lieutenant General.

VerDate Sep 11 2014 06:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.017 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3361 Navy nomination of Rear Adm. Ricky L. nominations were received by the Senate and which nominations were received by the Sen- Williamson, to be Vice Admiral. appeared in the Congressional Record on ate and appeared in the Congressional Navy nomination of Capt. Philip W. Yu, to April 29, 2019. Record on April 29, 2019. be Rear Admiral (lower half). Army nominations beginning with Michael Navy nominations beginning with Adrian Air Force nomination of Col. Arthur P. M. Armstrong and ending with Miao X. Z. Bejar and ending with Robert A. Woodruff Wunder, to be Brigadier General. Zhou, which nominations were received by III, which nominations were received by the Army nomination of Col. William Green, the Senate and appeared in the Congres- Senate and appeared in the Congressional Jr., to be Brigadier General. sional Record on April 29, 2019. Record on April 29, 2019. Navy nomination of Vice Adm. Phillip G. Army nominations beginning with Glenn Navy nominations beginning with Erin E. Sawyer, to be Vice Admiral. N. Juman and ending with Russell T. O. Acosta and ending with Christi S. Mont- Army nomination of Lt. Gen. Eric P. Mcnear, which nominations were received by gomery, which nominations were received by Wendt, to be Lieutenant General. the Senate and appeared in the Congres- the Senate and appeared in the Congres- Army nomination of Brig. Gen. Michael R. sional Record on May 13, 2019. sional Record on April 29, 2019. Berry, to be Major General. Army nomination of Carmen Y. Salcedo, to Navy nominations beginning with Dereck Army nomination of Brig. Gen. Michel M. be Major. C. Brown and ending with Sherry W. Russell, Sr., to be Major General. Army nominations beginning with Russell Wangwhite, which nominations were re- Army nominations beginning with Brig. F. Dubose and ending with Timothy D. For- ceived by the Senate and appeared in the Gen. Joseph L. Biehler and ending with Brig. rest, which nominations were received by the Congressional Record on April 29, 2019. Gen. David N. Vesper, which nominations Senate and appeared in the Congressional Navy nominations beginning with William were received by the Senate and appeared in Record on May 13, 2019. H. Clinton and ending with Sarah T. the Congressional Record on June 5, 2019. Army nominations beginning with Michael Selfkyler, which nominations were received Navy nomination of Capt. Huan T. Nguyen, J. Ballard and ending with D015102, which by the Senate and appeared in the Congres- to be Rear Admiral (lower half). nominations were received by the Senate and sional Record on April 29, 2019. Mr. INHOFE. Mr. President, for the appeared in the Congressional Record on Navy nominations beginning with James Committee on Armed Services I report May 23, 2019. M. Belmont and ending with Jon M. Hersey, favorably the following nomination Army nomination of Andre L. Thomas, to which nominations were received by the Sen- lists which were printed in the RECORDs be Major. ate and appeared in the Congressional on the dates indicated, and ask unani- Army nomination of D013839, to be Major. Record on April 29, 2019. mous consent, to save the expense of Army nomination of Christopher B. Net- Navy nominations beginning with Michael tles, to be Major. R. Bruneau and ending with Hans L. Holkon, reprinting on the Executive Calendar Army nominations beginning with Edward which nominations were received by the Sen- that these nominations lie at the Sec- C. Adams and ending with G010558, which ate and appeared in the Congressional retary’s desk for the information of nominations were received by the Senate and Record on May 13, 2019. Senators. appeared in the Congressional Record on Navy nominations beginning with Michael The PRESIDING OFFICER. Without May 23, 2019. C. Cabassa and ending with Allan J. Sandor, objection, it is so ordered. Army nominations beginning with Charles which nominations were received by the Sen- M. Abeyawardena and ending with G010449, Air Force nominations beginning with ate and appeared in the Congressional which nominations were received by the Sen- Thomas Joseph Alford and ending with Ga- Record on May 13, 2019. ate and appeared in the Congressional Navy nominations beginning with Erin G. briel Matthew Young, which nominations Record on May 23, 2019. Adams and ending with Ian L . Valerio, were received by the Senate and appeared in Army nominations beginning with John R. which nominations were received by the Sen- the Congressional Record on February 25, Abella and ending with D014810, which nomi- ate and appeared in the Congressional 2019. Air Force nominations beginning with El- nations were received by the Senate and ap- Record on May 13, 2019. Navy nominations beginning with Michael bert R. Alford IV and ending with Tracie L. peared in the Congressional Record on May E. Hall and ending with Darren L. Stennett, Swingle, which nominations were received 23, 2019. Marine Corps nomination of Shawn E. which nominations were received by the Sen- by the Senate and appeared in the Congres- McGowan, to be Lieutenant Colonel. ate and appeared in the Congressional sional Record on April 29, 2019. Air Force nomination of Catherine M. Marine Corps nomination of Michael R. Record on May 13, 2019. Tolvo, to be Major. Lukkes, to be Lieutenant Colonel. Navy nominations beginning with Lillian Air Force nominations beginning with Marine Corps nomination of James Y. Ma- A. Abuan and ending with Charles M. Tellis, Christian F. Cooper and ending with Ryan E. lone, to be Lieutenant Colonel. which nominations were received by the Sen- Snyder, which nominations were received by Navy nominations beginning with Matthew ate and appeared in the Congressional the Senate and appeared in the Congres- P. Beare and ending with Keith A. Tukes, Record on May 13, 2019. sional Record on May 13, 2019. which nominations were received by the Sen- Navy nominations beginning with Virginia Air Force nominations beginning with ate and appeared in the Congressional S. Blackman and ending with Abigail M. Keith A. Berry and ending with Steven P. Record on April 29, 2019. Yablonsky, which nominations were received Rogers, which nominations were received by Navy nominations beginning with Richard by the Senate and appeared in the Congres- the Senate and appeared in the Congres- L. Bosworth and ending with Matthew C. sional Record on May 13, 2019. sional Record on May 13, 2019. Young, which nominations were received by Navy nominations beginning with Brian J. Air Force nominations beginning with Has- the Senate and appeared in the Congres- Ellis, Jr. and ending with Sylvaine W. Wong, san N. Batayneh and ending with Asad U. sional Record on April 29, 2019. which nominations were received by the Sen- Qamar, which nominations were received by Navy nominations beginning with Lane C. ate and appeared in the Congressional the Senate and appeared in the Congres- Askew and ending with Donald V. Wilson, Record on May 13, 2019. sional Record on May 23, 2019. which nominations were received by the Sen- Navy nominations beginning with Ziad T. Air Force nominations beginning with ate and appeared in the Congressional Aboona and ending with Lisa A. White, Jason A. Koskinen and ending with Robin T. Record on April 29, 2019. which nominations were received by the Sen- Bingham, which nominations were received Navy nominations beginning with Mark A. ate and appeared in the Congressional by the Senate and appeared in the Congres- Angelo and ending with Gregory E. Sutton, Record on May 13, 2019. sional Record on June 5, 2019. which nominations were received by the Sen- Navy nominations beginning with Ruben Army nominations beginning with Jason ate and appeared in the Congressional D. Acosta and ending with Luke A. Zabrocki, Bullock and ending with Demetres Williams, Record on April 29, 2019. which nominations were received by the Sen- which nominations were received by the Sen- Navy nominations beginning with Rex A. ate and appeared in the Congressional ate and appeared in the Congressional Boonyobhas and ending with Sarah E. Zarro, Record on May 13, 2019. Record on February 25, 2019. which nominations were received by the Sen- Navy nominations beginning with David L. Army nominations beginning with Julie A. ate and appeared in the Congressional Bell, Jr. and ending with Harold S. Zald, Ake and ending with D013176, which nomina- Record on April 29, 2019. which nominations were received by the Sen- tions were received by the Senate and ap- Navy nominations beginning with Scott ate and appeared in the Congressional peared in the Congressional Record on Feb- Drayton and ending with Thomas R. Record on May 13, 2019. ruary 25, 2019. Wagener, which nominations were received Navy nominations beginning with William Army nomination of Shane R. Reeves, to by the Senate and appeared in the Congres- R. Butler and ending with Omarr E. Tobias, be Colonel. sional Record on April 29, 2019. which nominations were received by the Sen- Army nominations beginning with Navy nominations beginning with Keith ate and appeared in the Congressional Alwynmichael S. Albano and ending with Archibald and ending with David C. Webber, Record on May 13, 2019. Stanton D. Trotter, which nominations were which nominations were received by the Sen- Navy nominations beginning with Brian J. received by the Senate and appeared in the ate and appeared in the Congressional Hall and ending with Phillip E. Smith, which Congressional Record on April 29, 2019. Record on April 29, 2019. nominations were received by the Senate and Army nominations beginning with Jason Navy nominations beginning with Mitchell appeared in the Congressional Record on B. Alisangco and ending with D014026, which W. Albin and ending with Todd D. Zentner, May 13, 2019.

VerDate Sep 11 2014 06:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.023 S12JNPT1 S3362 CONGRESSIONAL RECORD — SENATE June 12, 2019 Navy nominations beginning with Esther which nominations were received by the Sen- which nominations were received by the Sen- A. Bopp and ending with Roberta S. Taylor, ate and appeared in the Congressional ate and appeared in the Congressional which nominations were received by the Sen- Record on May 13, 2019. Record on June 5, 2019. ate and appeared in the Congressional Navy nomination of Meger D. Chappell, to (Nominations without an asterisk Record on May 13, 2019. be Captain. were reported with the recommenda- Navy nomination of Ryan D. Scully, to be Navy nominations beginning with Frechell tion that they be confirmed.) I. Leachman and ending with Lee V. K. Stu- Lieutenant Commander. art, which nominations were received by the Navy nomination of Brandon T. Bridges, to f Senate and appeared in the Congressional be Lieutenant Commander. INTRODUCTION OF BILLS AND Record on May 13, 2019. Navy nomination of Mark S. Javate, to be Navy nominations beginning with Jeremy Lieutenant Commander. JOINT RESOLUTIONS T. Casella and ending with Joseph M. Zack, Navy nomination of Chandler W. Jones, to The following bills and joint resolu- which nominations were received by the Sen- be Lieutenant Commander. tions were introduced, read the first ate and appeared in the Congressional Navy nomination of Justin R. Taylor, to be and second times by unanimous con- Record on May 13, 2019. Lieutenant Commander. sent, and referred as indicated: Navy nominations beginning with Fred- Navy nominations beginning with Kristine erick G. Alegre and ending with Kenneth B. N. Bench and ending with David A. Ziemba, By Mr. CASEY (for himself, Mr. Wooster, which nominations were received which nominations were received by the Sen- BROWN, Mr. BLUMENTHAL, Ms. CORTEZ by the Senate and appeared in the Congres- ate and appeared in the Congressional MASTO, Ms. BALDWIN, Ms. ROSEN, Mr. sional Record on May 13, 2019. Record on May 23, 2019. MANCHIN, Ms. STABENOW, Ms. HARRIS, Navy nominations beginning with Miguel Navy nominations beginning with Diego F. Mr. VAN HOLLEN, Mr. DURBIN, and A. Castellanos and ending with Kevin A. Alvarado and ending with Jared M. Wilhelm, Mr. PETERS): S. 1792. A bill to require the Secretary of Schnittker, which nominations were re- which nominations were received by the Sen- Labor to maintain a publicly available list of ceived by the Senate and appeared in the ate and appeared in the Congressional all employers that relocate a call center or Congressional Record on May 13, 2019. Record on May 23, 2019. contract call center work overseas, to make Navy nominations beginning with Char- Navy nominations beginning with Anthony such companies ineligible for Federal grants lotte A. Browning and ending with Rachel H. J. Falvo IV and ending with Brian T. or guaranteed loans, and to require disclo- Wadebrown, which nominations were re- Wierzbicki, which nominations were received sure of the physical location of business ceived by the Senate and appeared in the by the Senate and appeared in the Congres- agents engaging in customer service commu- Congressional Record on May 13, 2019. sional Record on May 23, 2019. nications, and for other purposes; to the Navy nominations beginning with Julie M. Navy nominations beginning with Becky Committee on Commerce, Science, and Barr and ending with Jacob S. Wiemann, L. Bujaki and ending with Nicholas T. Walk- Transportation. which nominations were received by the Sen- er, which nominations were received by the By Mr. KAINE (for himself, Mr. ate and appeared in the Congressional Senate and appeared in the Congressional Record on May 23, 2019. ISAKSON, and Mr. KING): Record on May 13, 2019. S. 1793. A bill to establish a grant program Navy nominations beginning with Albert Navy nominations beginning with Liam M. for the purpose of public health data system E. Arnold IV and ending with James F. Apostol and ending with Ann M. modernization; to the Committee on Health, Wrightson, Jr., which nominations were re- Vallandingham, which nominations were re- Education, Labor, and Pensions. ceived by the Senate and appeared in the ceived by the Senate and appeared in the By Ms. ERNST: Congressional Record on May 13, 2019. Congressional Record on May 23, 2019. S. 1794. A bill to amend title 31, United Navy nominations beginning with Anthony Navy nominations beginning with Brian J. States Code, to permit the Secretary of the L. Lacourse and ending with Shannon C. Banazwski and ending with Evan B. Wil- Treasury to determine the metal composi- Zahumensky, which nominations were re- liams, which nominations were received by tion of certain coins, and for other purposes; ceived by the Senate and appeared in the the Senate and appeared in the Congres- to the Committee on Banking, Housing, and Congressional Record on May 13, 2019. sional Record on May 23, 2019. Urban Affairs. Navy nominations beginning with Scott A. Navy nominations beginning with Shane L. By Mr. MARKEY (for himself, Mr. Beavers and ending with John J. Williams, Higgins and ending with Peihua Ku, which MURPHY, Ms. HARRIS, Mrs. MURRAY, which nominations were received by the Sen- nominations were received by the Senate and Mrs. FEINSTEIN, Mr. BLUMENTHAL, ate and appeared in the Congressional appeared in the Congressional Record on Mr. WHITEHOUSE, Mr. MENENDEZ, Mr. Record on May 23, 2019. May 13, 2019. DURBIN, Mr. VAN HOLLEN, Mr. REED, Navy nominations beginning with Levi Navy nominations beginning with Nathan- Ms. DUCKWORTH, Ms. BALDWIN, Ms. Desjarlais and ending with Anthony R. Mur- iel A. Bailey and ending with Leonard N. KLOBUCHAR, Mr. WYDEN, Mr. BOOKER, phy, which nominations were received by the Walker IV, which nominations were received Ms. SMITH, Mr. CARDIN, and Mrs. Senate and appeared in the Congressional by the Senate and appeared in the Congres- GILLIBRAND): sional Record on May 13, 2019. Record on May 23, 2019. S. 1795. A bill to ensure greater account- Navy nominations beginning with David K. Navy nomination of Meera Cheerharan, to ability by licensed firearms dealers; to the Boylan and ending with Ned L. Swanson, be Lieutenant Commander. Committee on the Judiciary. which nominations were received by the Sen- Navy nomination of Selina D. Bandy, to be By Mr. RUBIO: ate and appeared in the Congressional Lieutenant Commander. S. 1796. A bill to amend the Higher Edu- Record on May 13, 2019. Navy nominations beginning with Robert cation Act of 1965 to provide student loan Navy nominations beginning with Onofrio W. Boase and ending with Walter J. Zapf III, deferment for victims of terrorist attacks; to P. Margioni and ending with Kurt D. Wil- which nominations were received by the Sen- the Committee on Health, Education, Labor, liams, which nominations were received by ate and appeared in the Congressional and Pensions. the Senate and appeared in the Congres- Record on May 23, 2019. By Mr. CRAPO (for himself, Mr. RISCH, sional Record on May 13, 2019. Navy nominations beginning with Mate W. Mr. DAINES, Ms. MCSALLY, Ms. MUR- Navy nominations beginning with David L. Aerandir and ending with Rebecca L. Young, KOWSKI, and Mr. SULLIVAN): Bachelor and ending with Thomas J. Taylor, which nominations were received by the Sen- S. 1797. A bill to amend title 28, United which nominations were received by the Sen- ate and appeared in the Congressional States Code, to provide for the appointment ate and appeared in the Congressional Record on May 23, 2019. of additional Federal circuit judges, to di- Record on May 13, 2019. Navy nominations beginning with Hannah vide the Ninth Judicial Circuit of the United Navy nominations beginning with Andrew L. Bealon and ending with Billy W. Young, States into two judicial circuits, and for M. Cook and ending with Deniz M. Piskin, which nominations were received by the Sen- other purposes; to the Committee on the Ju- which nominations were received by the Sen- ate and appeared in the Congressional diciary. ate and appeared in the Congressional Record on May 23, 2019. By Mr. ROUNDS (for himself and Ms. Record on May 13, 2019. Navy nominations beginning with Brielle DUCKWORTH): Navy nomination of Christina M. Allee, to L. Adamovich and ending with Chelsey L. S. 1798. A bill to improve cyber governance be Captain. Zwicker, which nominations were received structures in the Department of Defense and Navy nomination of David A. Schubkegel, by the Senate and appeared in the Congres- to require designation of principal advisors to be Captain. sional Record on May 23, 2019. on military cyber force matters, and for Navy nomination of Jon B. Voigtlander, to Navy nominations beginning with John I. other purposes; to the Committee on Armed be Captain. Actkinson and ending with George S. Zintak, Services. Navy nominations beginning with Rebekah which nominations were received by the Sen- By Mr. ROUNDS (for himself and Ms. R. Johnson and ending with Robert S. ate and appeared in the Congressional DUCKWORTH): Thoms, which nominations were received by Record on May 23, 2019. S. 1799. A bill to require the Principal the Senate and appeared in the Congres- Navy nomination of Martin E. Roberts, to Cyber Advisor of the Department of Defense sional Record on May 13, 2019. be Captain. to conduct a study to determine the optimal Navy nominations beginning with Matthew Navy nominations beginning with Todd W. strategy for structuring and manning ele- A. Buch and ending with Troy J. Sherrill, Geyer and ending with Anthony J. Smola, ments of the Joint Force Headquarters-

VerDate Sep 11 2014 04:40 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.025 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3363 Cyber organizations, Joint Mission Oper- Act of 2018, and for other purposes; to the for other purposes; to the Committee on ations Centers, and Cyber Operations-Inte- Committee on Environment and Public Commerce, Science, and Transportation. grated Planning Elements, and for other pur- Works. By Mr. DURBIN (for himself, Mr. REED, poses; to the Committee on Armed Services. By Mr. MERKLEY (for himself and Mr. Mrs. FEINSTEIN, and Mr. BROWN): By Mr. ROUNDS: WYDEN): S. 1823. A bill to amend the Fair Labor S. 1800. A bill to provide for pilot programs S. 1812. A bill to authorize the Adminis- Standards Act of 1938 to prohibit employ- to streamline decision-making process for trator of the Environmental Protection ment of children in tobacco-related agri- weapon systems; to the Committee on Armed Agency to conduct research on wildfire culture by deeming such employment as op- Services. smoke, and for other purposes; to the Com- pressive child labor; to the Committee on By Ms. SMITH (for herself, Ms. mittee on Environment and Public Works. Health, Education, Labor, and Pensions. KLOBUCHAR, Mr. BLUMENTHAL, Mr. By Mr. MERKLEY (for himself and Mr. By Mr. CRUZ (for himself and Mr. UDALL, Mr. BROWN, Ms. WARREN, Mr. WYDEN): MARKEY): SANDERS, Ms. HASSAN, Mr. S. 1813. A bill to amend the Robert T. Staf- S. 1824. A bill to amend the United States- WHITEHOUSE, Mr. MERKLEY, Mr. ford Disaster Relief and Emergency Assist- Hong Kong Policy Act of 1992 to require a re- REED, Ms. BALDWIN, Mr. BOOKER, Mr. ance Act to provide wildfire smoke mitiga- port on how the People’s Republic of China DURBIN, and Mrs. GILLIBRAND): tion assistance to States and units of local exploits Hong Kong to circumvent the laws S. 1801. A bill to ensure medications are af- government, and for other purposes; to the of the United States; to the Committee on fordable; to the Committee on Finance. Committee on Homeland Security and Gov- Foreign Relations. By Mr. KAINE (for himself, Mr. ernmental Affairs. f BOOZMAN, Mr. TESTER, Mr. TILLIS, By Mr. MERKLEY (for himself and Mr. and Ms. SINEMA): WYDEN): SUBMISSION OF CONCURRENT AND S. 1802. A bill to provide a work oppor- S. 1814. A bill to authorize the President to SENATE RESOLUTIONS tunity tax credit for military spouses and to declare a smoke emergency, and for other provide for flexible spending arrangements purposes; to the Committee on Homeland Se- The following concurrent resolutions for childcare services for military families; curity and Governmental Affairs. and Senate resolutions were read, and to the Committee on Finance. By Mr. MERKLEY (for himself and Mr. referred (or acted upon), as indicated: By Ms. COLLINS (for herself, Ms. WYDEN): By Mr. SCOTT of Florida (for himself BALDWIN, Mrs. CAPITO, and Mr. TEST- S. 1815. A bill to establish an occupational and Mr. RUBIO): ER): safety and health standard to protect farm- S. Res. 246. A resolution honoring the S. 1803. A bill to modify the Federal TRIO workers from wildfire smoke, and for other memory of the victims of the heinous attack programs; to the Committee on Health, Edu- purposes; to the Committee on Health, Edu- at the Pulse nightclub on June 12, 2016; con- cation, Labor, and Pensions. cation, Labor, and Pensions. sidered and agreed to. By Ms. CORTEZ MASTO (for herself, By Ms. DUCKWORTH (for herself, Mr. By Mr. BROWN (for himself, Mrs. FEIN- Mr. SCOTT of South Carolina, Ms. VAN HOLLEN, Mr. BLUMENTHAL, Mr. STEIN, Ms. SMITH, Mr. SCHUMER, Ms. SMITH, Mr. CRAMER, and Mr. YOUNG): BROWN, Mr. DURBIN, and Mr. CARDIN): BALDWIN, Mr. BENNET, Mr. S. 1804. A bill to require the Secretary of S. 1816. A bill to prohibit the manufacture BLUMENTHAL, Mr. BOOKER, Ms. CANT- Housing and Urban Development to issue for sale, offer for sale, distribution in com- WELL, Mr. CARDIN, Mr. CARPER, Mr. guidelines relating to the appropriate inclu- merce, or importation into the United States sion of residential manufactured homes in CASEY, Mr. COONS, Ms. CORTEZ of any crib bumper, and for other purposes; MASTO, Ms. DUCKWORTH, Mr. DURBIN, Consolidated Plans, and for other purposes; to the Committee on Commerce, Science, to the Committee on Banking, Housing, and Mrs. GILLIBRAND, Ms. HARRIS, Ms. and Transportation. HASSAN, Mr. HEINRICH, Ms. HIRONO, Urban Affairs. By Mr. BROWN (for himself and Ms. By Mr. SCOTT of South Carolina (for Mr. JONES, Mr. KAINE, Mr. KING, Ms. COLLINS): KLOBUCHAR, Mr. LEAHY, Mr. MANCHIN, himself and Mr. JONES): S. 1817. A bill to amend the Richard B. Rus- Mr. MARKEY, Mr. MENENDEZ, Mr. S. 1805. A bill to require the Secretary of sell National School Lunch Act to improve Health and Human Services to develop a MERKLEY, Mr. MURPHY, Mrs. MUR- nutritional and other program requirements RAY, Mr. PETERS, Mr. REED, Ms. guide on evidence-based strategies for build- relating to purchases of locally produced ing and maintaining effective obesity pre- ROSEN, Mr. SANDERS, Mr. SCHATZ, food; to the Committee on Agriculture, Nu- vention and control programs, and for other Mrs. SHAHEEN, Ms. SINEMA, Ms. trition, and Forestry. purposes; to the Committee on Health, Edu- STABENOW, Mr. TESTER, Mr. UDALL, By Mr. MENENDEZ (for himself and cation, Labor, and Pensions. Mr. VAN HOLLEN, Mr. WARNER, Ms. Mr. BOOKER): WARREN, Mr. WHITEHOUSE, and Mr. By Mr. ROMNEY: S. 1818. A bill to require the Secretary of S. 1806. A bill to make the E-Verify pro- WYDEN): Transportation to publish a notice of pro- gram permanent, and for other purposes; to S. Res. 247. A resolution recognizing June posed rulemaking concerning seat belts on the Committee on the Judiciary. 2019 as ‘‘LGBTQ Pride Month’’; to the Com- school buses, and for other purposes; to the By Mr. PERDUE: mittee on the Judiciary. S. 1807. A bill to improve the funding proc- Committee on Commerce, Science, and By Mr. KAINE (for himself and Mr. ess; to the Committee on the Budget. Transportation. WARNER): By Mr. GARDNER (for himself and Mr. By Mr. GRAHAM (for himself and Mr. S. Res. 248. A resolution honoring the vic- MARKEY): LEAHY): tims of the mass shooting in Virginia Beach, S. 1808. A bill to require the Secretary of S. 1819. A bill to make permanent certain Virginia; considered and agreed to. State to design and establish a Vulnerability Department of State, foreign operations, and By Mr. CARDIN (for himself and Mr. related programs general provisions; to the Disclosure Process to improve the Depart- VAN HOLLEN): ment of State cybersecurity and a bug boun- Committee on Foreign Relations. S. Res. 249. A resolution commemorating ty program to identify and report By Mrs. GILLIBRAND (for herself and the victory of the University of Maryland in vulnerabilities of Internet-facing informa- Ms. MCSALLY): the 2019 National Collegiate Athletic Asso- S. 1820. A bill to improve the integrity and tion technology of the Department of State, ciation Division I Women’s Lacrosse Cham- safety of horseracing by requiring a uniform and for other purposes; to the Committee on pionship; considered and agreed to. Foreign Relations. anti-doping and medication control program f By Mr. PAUL (for himself and Mr. to be developed and enforced by an inde- WYDEN): pendent Horseracing Anti-Doping and Medi- ADDITIONAL COSPONSORS S. 1809. A bill to require congressional ap- cation Control Authority; to the Committee proval of national emergency declarations on Commerce, Science, and Transportation. S. 238 and to repeal the emergency powers and au- By Mr. WYDEN (for himself, Mr. At the request of Mr. RUBIO, the thorities most susceptible to abuse, and for MERKLEY, Mr. KING, Mr. SCHATZ, and name of the Senator from Illinois (Ms. other purposes; to the Committee on Home- Mr. REED): DUCKWORTH) was added as a cosponsor land Security and Governmental Affairs. S. 1821. A bill to amend the Energy Inde- of S. 238, a bill to amend the State De- pendence and Security Act of 2007 to provide By Mr. TOOMEY (for himself and Mr. partment Basic Authorities Act of 1956 JOHNSON): for research on, and the development and de- S. 1810. A bill to amend the Richard B. Rus- ployment of, marine energy, and for other to monitor and combat anti-Semitism sell National School Lunch Act to allow purposes; to the Committee on Energy and globally, and for other purposes. schools that participate in the school lunch Natural Resources. S. 239 program to serve whole milk, and for other By Mr. WICKER (for himself, Mr. PE- At the request of Mrs. SHAHEEN, the purposes; to the Committee on Agriculture, TERS, Mr. THUNE, and Ms. names of the Senator from Arizona Nutrition, and Forestry. KLOBUCHAR): (Ms. SINEMA), the Senator from Massa- By Mr. BARRASSO (for himself and S. 1822. A bill to require the Federal Com- Mr. CARPER): munications Commission to issue rules re- chusetts (Mr. MARKEY), the Senator S. 1811. A bill to make technical correc- lating to the collection of data with respect from Washington (Mrs. MURRAY), the tions to the America’s Water Infrastructure to the availability of broadband services, and Senator from Vermont (Mr. LEAHY),

VerDate Sep 11 2014 04:40 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.026 S12JNPT1 S3364 CONGRESSIONAL RECORD — SENATE June 12, 2019 the Senator from Maryland (Mr. VAN fornia (Mrs. FEINSTEIN) and the Sen- S. 997 HOLLEN), the Senator from New Mexico ator from Michigan (Ms. STABENOW) At the request of Ms. WARREN, the (Mr. HEINRICH), the Senator from Dela- were added as cosponsors of S. 546, a name of the Senator from Michigan ware (Mr. COONS), the Senator from Ne- bill to extend authorization for the (Mr. PETERS) was added as a cosponsor vada (Ms. ROSEN) and the Senator from September 11th Victim Compensation of S. 997, a bill to recognize and honor Michigan (Ms. STABENOW) were added Fund of 2001 through fiscal year 2090, the service of individuals who served in as cosponsors of S. 239, a bill to require and for other purposes. the United States Cadet Nurse Corps the Secretary of the Treasury to mint S. 598 during World War II, and for other pur- coins in recognition of Christa At the request of Mr. PETERS, the poses. McAuliffe. name of the Senator from Arkansas S. 1032 S. 290 (Mr. BOOZMAN) was added as a cospon- At the request of Mr. PORTMAN, the At the request of Mr. UDALL, the sor of S. 598, a bill to amend title 38, name of the Senator from Arizona (Ms. names of the Senator from Montana United States Code, to increase certain MCSALLY) was added as a cosponsor of (Mr. TESTER) and the Senator from Ne- funeral benefits for veterans, and for S. 1032, a bill to amend the Internal vada (Ms. CORTEZ MASTO) were added other purposes. Revenue Code of 1986 to modify the def- as cosponsors of S. 290, a bill to protect S. 638 inition of income for purposes of deter- Native children and promote public At the request of Mr. CARPER, the mining the tax-exempt status of cer- safety in Indian country. name of the Senator from Illinois (Mr. tain corporations. S. 296 DURBIN) was added as a cosponsor of S. S. 1042 At the request of Mr. CARDIN, the 638, a bill to require the Administrator At the request of Ms. DUCKWORTH, name of the Senator from Montana of the Environmental Protection Agen- (Mr. TESTER) was added as a cosponsor the name of the Senator from Oregon cy to designate per- and (Mr. MERKLEY) was added as a cospon- of S. 296, a bill to amend XVIII of the polyfluoroalkyl substances as haz- Social Security Act to ensure more sor of S. 1042, a bill to amend the Immi- ardous substances under the Com- gration and Nationality Act to allow timely access to home health services prehensive Environmental Response, for Medicare beneficiaries under the certain alien veterans to be paroled Compensation, Liability Act of 1980, into the United States to receive Medicare program. and for other purposes. S. 359 health care furnished by the Secretary S. 753 At the request of Mr. CARDIN, the of Veterans Affairs. At the request of Mr. BROWN, the name of the Senator from Mississippi S. 1081 name of the Senator from Wisconsin (Mrs. HYDE-SMITH) was added as a co- At the request of Mr. MANCHIN, the (Ms. BALDWIN) was added as a cospon- sponsor of S. 359, a bill to amend the name of the Senator from Vermont sor of S. 753, a bill to amend title XVIII Internal Revenue Code of 1986 to ex- (Mr. LEAHY) was added as a cosponsor of the Social Security Act to count a clude from gross income certain Feder- of S. 1081, a bill to amend title 54, period of receipt of outpatient observa- ally-subsidized loan repayments for United States Code, to provide perma- tion services in a hospital toward satis- dental school faculty. nent, dedicated funding for the Land fying the 3-day inpatient hospital re- S. 383 and Water Conservation Fund, and for quirement for coverage of skilled nurs- At the request of Mr. BARRASSO, the other purposes. ing facility services under Medicare. name of the Senator from Illinois (Mr. S. 1168 S. 809 DURBIN) was added as a cosponsor of S. At the request of Mr. BLUNT, the 383, a bill to support carbon dioxide At the request of Mr. BLUMENTHAL, the name of the Senator from Con- name of the Senator from Kansas (Mr. utilization and direct air capture re- MORAN) was added as a cosponsor of S. search, to facilitate the permitting and necticut (Mr. MURPHY) was added as a cosponsor of S. 809, a bill to amend the 1168, a bill to amend the Higher Edu- development of carbon capture, utiliza- cation Act of 1965 to ensure campus ac- tion, and sequestration projects and Internal Revenue Code of 1986 to allow a credit against income tax for quali- cess at public institutions of higher carbon dioxide pipelines, and for other education for religious groups. purposes. fied conservation contributions which include National Scenic Trails. S. 1222 S. 386 S. 833 At the request of Mr. SCHATZ, the At the request of Mr. LEE, the name name of the Senator from Hawaii (Ms. of the Senator from Alaska (Ms. MUR- At the request of Mr. PORTMAN, the HIRONO) was added as a cosponsor of S. KOWSKI) was added as a cosponsor of S. name of the Senator from Kansas (Mr. 1222, a bill to require the Secretary of 386, a bill to amend the Immigration MORAN) was added as a cosponsor of S. Veterans Affairs to carry out a pilot and Nationality Act to eliminate the 833, a bill to amend the Employee Re- program to provide hospital care and per-country numerical limitation for tirement Income Security Act of 1974 medical services to veterans in the employment-based immigrants, to in- and the Internal Revenue Code of 1986 Freely Associated States of the Repub- crease the per-country numerical limi- with respect to participant votes on lic of Palau, the Republic of the Mar- tation for family-sponsored immi- the suspension of benefits under multi- shall Islands, and the Federated States grants, and for other purposes. employer plans in critical and declin- of Micronesia, and to conduct a study S. 457 ing status. on the feasibility and advisability of At the request of Mr. CORNYN, the S. 980 establishing regional offices, sub- name of the Senator from Connecticut At the request of Mr. BURR, the name offices, contact units, or other subordi- (Mr. BLUMENTHAL) was added as a co- of the Senator from North Carolina nate offices of the Department of Vet- sponsor of S. 457, a bill to require that (Mr. TILLIS) was added as a cosponsor erans Affairs in the Freely Associated $1 coins issued during 2019 honor Presi- of S. 980, a bill to amend title 38, States to provide such care and serv- dent George H.W. Bush and to direct United States Code, to improve the the Secretary of the Treasury to issue provision of services for homeless vet- ices, and for other purposes. bullion coins during 2019 in honor of erans, and for other purposes. S. 1458 Barbara Bush. S. 988 At the request of Ms. HARRIS, the S. 511 At the request of Mrs. CAPITO, the name of the Senator from Connecticut At the request of Mrs. GILLIBRAND, name of the Senator from Kentucky (Mr. MURPHY) was added as a cosponsor the name of the Senator from Wyoming (Mr. PAUL) was added as a cosponsor of of S. 1458, a bill to codify the Outdoor (Mr. BARRASSO) was added as a cospon- S. 988, a bill to amend title XVIII of the Recreation Legacy Partnership Pro- sor of S. 511, a bill to promote and pro- Social Security Act to prohibit pre- gram of the National Park Service, and tect from discrimination living organ scription drug plan sponsors and MA– for other purposes. donors. PD organizations under the Medicare S. 1499 S. 546 program from retroactively reducing At the request of Mr. UDALL, the At the request of Mrs. GILLIBRAND, payment on clean claims submitted by name of the Senator from Connecticut the names of the Senator from Cali- pharmacies. (Mr. MURPHY) was added as a cosponsor

VerDate Sep 11 2014 04:40 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.029 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3365 of S. 1499, a bill to establish National S. RES. 80 analysis, simplify provider reporting, Wildlife Corridors to provide for the At the request of Mr. COONS, the enhance interoperability, promote protection and restoration of certain name of the Senator from Virginia (Mr. electronic case reporting, and support native fish, wildlife, and plant species, KAINE) was added as a cosponsor of S. earlier disease detection and response. and for other purposes. Res. 80, a resolution establishing the Grant recipients must support inter- S. 1516 John S. McCain III Human Rights operability standards endorsed by the At the request of Mr. JONES, the Commission. National Coordinator for Health Infor- name of the Senator from Minnesota S. RES. 205 mation Technology or those adopted by (Ms. SMITH) was added as a cosponsor At the request of Mr. MURPHY, the the HHS Secretary. of S. 1516, a bill to amend the Higher names of the Senator from Oklahoma The Saving Lives Through Better Education Act of 1965 to strengthen the (Mr. LANKFORD) and the Senator from Data Act also requires the Centers for future workforce and reduce the cost of Wisconsin (Ms. BALDWIN) were added as Disease Control and Prevention to con- postsecondary education by reducing cosponsors of S. Res. 205, a resolution duct activities to improve its public rates of postsecondary remediation. expressing the gratitude of the Senate health data systems. The CDC must S. 1531 for the people who operate or support also develop and utilize public-private At the request of Mr. CASSIDY, the diaper banks and diaper distribution partnerships to support State, local, name of the Senator from Arizona (Ms. programs in their local communities. Tribal, and territorial public health de- partments in modernizing and expand- SINEMA) was added as a cosponsor of S. AMENDMENT NO. 252 ing electronic case reporting and pub- 1531, a bill to amend the Public Health At the request of Ms. SINEMA, her lic health data systems. The legislation Service Act to provide protections for name was added as a cosponsor of calls for reporting on barriers public health insurance consumers from sur- amendment No. 252 proposed to S. 504, health authorities may face in imple- prise billing. a bill to amend title 36, United States menting electronic case reporting or S. 1555 Code, to authorize The American Le- interoperable public health data sys- At the request of Mr. CRAPO, the gion to determine the requirements for tems as well as an assessment of the name of the Senator from Michigan membership in The American Legion, potential public health impact of mak- (Mr. PETERS) was added as a cosponsor and for other purposes. of S. 1555, a bill to amend title 10, ing such improvements. We make the United States Code, to improve the f necessary investment to improve our Transition Assistance Program for STATEMENTS ON INTRODUCED public health infrastructure by author- members of the Armed Forces, and for BILLS AND JOINT RESOLUTIONS izing $100 million per year for each of fiscal years 2020–2024. other purposes. By Mr. KAINE (for himself, Mr. S. 1615 The Saving Lives Through Better ISAKSON, and Mr. KING): Data Act will strengthen our public At the request of Mr. UDALL, the S. 1793. A bill to establish a grant name of the Senator from Kansas (Mr. health data systems so we can be well- program for the purpose of public equipped to identify and respond to ROBERTS) was added as a cosponsor of health data system modernization; to S. 1615, a bill to amend titles 10 and 37, public health threats, which will save the Committee on Health, Education, lives. United States Code, to provide com- Labor, and Pensions. pensation and credit for retired pay Mr. KAINE. Mr. President, Our Na- By Mr. KAINE (for himself, Mr. purposes for maternity leave taken by tion’s public health system needs high BOOZMAN, Mr. TESTER, Mr. members of the reserve components, quality, timely, and accurate data to TILLIS, and Ms. SINEMA): and for other purposes. protect the public from health threats S. 1802. A bill to provide a work op- S. 1641 like opioid overdoses, influenza, mea- portunity tax credit for military At the request of Mr. ROBERTS, the sles, and more. Effective prevention spouses and to provide for flexible name of the Senator from Kentucky and response to health threats requires spending arrangements for childcare (Mr. PAUL) was added as a cosponsor of coordinated efforts between health services for military families; to the S. 1641, a bill to amend the Internal care providers and public health offi- Committee on Finance. Revenue Code of 1986 to exclude from cials across all levels of government. Mr. KAINE. Mr. President, today I gross income interest received on cer- Unfortunately, the public health data am introducing the Jobs and Childcare tain loans secured by agricultural real systems we rely on for our health and for Military Families Act, with my col- property. safety are antiquated and fragmented. leagues Senators BOOZMAN and TESTER. S. 1725 Systems lack the interoperability Enacting this bill would improve finan- At the request of Mr. CARDIN, the needed to facilitate timely, secure in- cial stability for Gold Star families name of the Senator from Maine (Ms. formation exchange. Too often, public across the Nation. COLLINS) was added as a cosponsor of S. health departments are forced to rely The families of America’s 1725, a bill to permit occupational on systems with manual processes that servicemembers make sacrifices that therapists to conduct the initial assess- are time consuming and error prone, often go unrecognized. Among them is ment visit and complete the com- such as paper records, faxes, and phone packing up and moving frequently, prehensive assessment under a Medi- calls. Only two jurisdictions have with military spouses regularly having care home health plan of care for cer- begun the process to receive electronic to quit stable employment to move to tain rehabilitation cases. case reports directly from health a new area and start over. This is com- S. 1728 records, and only for a small number of pounded by the complex system of At the request of Mr. MARKEY, the diseases. Our public health data infra- State licensing and certification re- name of the Senator from North Da- structure lacks the automation, secu- quirements, which can limit these kota (Mr. CRAMER) was added as a co- rity, interoperability, and skilled spouses’ from taking jobs that utilize sponsor of S. 1728, a bill to require the workforce we need to confront the pub- their expertise and experience. Because United States Postal Service to sell the lic health threats of today and tomor- of this, military spouses have unem- Alzheimer’s semipostal stamp for 6 ad- row. ployment rates substantially higher ditional years. Today, I am pleased to introduce than the national average, and are S. 1761 with my colleagues, Senator ISAKSON often underemployed when they do At the request of Ms. DUCKWORTH, and Senator KING, the Saving Lives have jobs. Adding to the financial the name of the Senator from New Jer- Through Better Data Act to assist in struggle that frequent periods of unem- sey (Mr. MENENDEZ) was added as a co- building the 21st Century public health ployment and underemployment cause, sponsor of S. 1761, a bill to direct the data infrastructure our Nation needs. the rising cost of childcare puts a sub- Secretary of Defense to modernize cer- The Saving Lives Through Better Data stantial burden on many military fami- tain forms and surveys of the Depart- Act awards grants to State, local, Trib- lies. ment of Defense, and for other pur- al, and territorial public health depart- The Jobs and Childcare for Military poses. ments to improve data collection and Families Act would help these families

VerDate Sep 11 2014 04:40 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.031 S12JNPT1 S3366 CONGRESSIONAL RECORD — SENATE June 12, 2019

in two ways. First, the bill makes mili- tutors, navigating financial aid, and 11⁄2 lines rather than 2 on just 2 of the tary spouses an eligible population for advocating for herself. graphs in a 65-page application, the De- the Work Opportunity Tax Credit. This Autumn graduated in May 2018 with partment of Education rejected it— tax credit has been proven effective in an associate’s degree in liberal studies based on that alone. improving the employment prospects and secondary education, and she has The Department’s bureaucratic deci- for other groups, and extending it to gone on to the University of Maine sion would have denied 960 disadvan- military spouses would help them find where she is currently earning her taged Maine high school students the employment easier after moving to bachelor’s degree. At the University, chance to fulfill their academic poten- new areas. Second, the bill instructs she also taps into the resources of the tial. Imagine that—that 960 students, the administration to implement de- Student Support Services Program. who needed the support of the TRIO pendent care flexible spending ac- And, very movingly, Autumn is giving Program to be successful, would not counts for all servicemembers. These back to TRIO. She is a TRIO peer men- have been served because of a tiny for- accounts would allow military families tor at Eastern Maine Community Col- matting error on 2 pages of a 65-page to contribute pre-tax dollars to ac- lege, helping students, just like herself, application. It was nothing sub- counts that they can then use to pay successfully navigate higher education stantive, just a formatting error. for childcare services, helping ease the and giving them the tools and the con- After months of advocacy, I was able financial burden of childcare. fidence to succeed. For Autumn, TRIO to work with the Department of Edu- I hope my colleagues will support has made all the difference as she has cation and my Appropriations col- this bill to help families who have pursued her own goals and helped other leagues to reverse this ill-conceived de- made the greatest sacrifice for our Na- students achieve theirs. cision, and I am very happy to report tion. Congress created the TRIO Programs that the University of Maine of because it recognized that low-income, Presque Isle is today serving those stu- By Ms. COLLINS (for herself, Ms. first-generation students often face sig- dents. BALDWIN, Mrs. CAPITO, and Mr. nificant financial and societal obsta- Our bill would prevent the Depart- TESTER): cles to accessing and achieving success ment of Education from rejecting ap- S. 1803. A bill to modify the Federal in higher education. The Educational plications simply on the basis of the TRIO programs; to the Committee on Opportunity and Success Act would formatting criteria that it suggests Health, Education, Labor, and Pen- better serve those students by imple- and instead would establish a straight- sions. menting key reforms. forward process of correction for appli- Ms. COLLINS. Mr. President, I rise First, and most important, our bipar- cations with minor formatting or budg- today to introduce the Educational Op- tisan bill would reauthorize the TRIO eting errors. This is a commonsense re- portunity and Success Act, a bill to Programs for an additional 5 years. form that will prevent unnecessary bu- strengthen the Federal TRIO Programs Second, our bill would instruct the reaucratic obstacles in the future—ob- and improve their administration. Department of Education to publish stacles that have a real impact on the Across the Nation, TRIO helps students guidance at least 90 days before each lives of the students who are intended from disadvantaged backgrounds gain grant competition, giving colleges and to benefit from the TRIO Programs. access to a college education and pro- universities adequate opportunity to Fifth, our bill would make it simpler vide many of the supports that they prepare the successful applications to for students who receive free and re- need to prepare for, succeed in, and secure the funding needed to offer the duced-priced lunches and Pell grants to graduate from higher education pro- TRIO Programs. qualify for the TRIO Programs. Prov- grams. I would very much like to Third, our bill would remove the ad- ing income eligibility can be a barrier thank Senator BALDWIN, Senator ministrative burdens in the application to services, and this bill would make it CAPITO, and Senator TESTER for joining process for these schools, making sure easier to identify potential partici- me as original cosponsors. that Federal funds get out the door pants for the TRIO Programs. In the State of Maine, TRIO Pro- more efficiently and to the programs The bill would also update TRIO eli- grams serve students from all over our and the students they are meant to gibility criteria to reflect the most re- State and are focused on increasing serve. Under the current administra- cent requirements for Federal financial educational opportunities for first gen- tive process, many colleges and univer- aid. This would ensure that TRIO ad- eration, low-income, and disabled stu- sities experience delays while the De- ministrators would not have to consult dents. From 2007 to 2017, TRIO has ex- partment reviews administrative errors multiple data sources and can instead panded from 20 programs to 28 in our before making all of the grant awards. use a student’s most recent financial State and has expanded from serving This reform would help to expedite the aid information to determine eligi- 6,690 students to nearly 7,500 students grant process. bility for the TRIO Programs rather in our State. Over the course of my Fourth, our legislation would insti- than having them go through an addi- Senate service, I have been so inspired tute commonsense guidelines at the tional process. by the stories of countless TRIO stu- Department of Education for TRIO Finally, the bill would require the dents with whom I have talked. They grant applications. Department of Education to conduct have described to me firsthand the Let me tell you what happened in additional virtual training sessions, positive impact of these programs on 2017. In that year, the Department ini- better ensuring that all areas of the their academic success and on their fu- tially rejected dozens of applications country—especially our small, rural tures. for the Upward Bound Program based communities—have the ability to know For example, Autumn Mallet from on arbitrary, nonsubstantive for- about and access the TRIO Programs. Bangor, ME, graduated from Bangor matting criteria, such as line spacing As the longtime cochair of the Con- High School in 2015, unsure about and font size irregularities. This was gressional TRIO Caucus, I have long whether she even wanted to pursue bureaucracy at its worst. One of those supported the TRIO Programs. I have higher education. Neither she nor her applications was from the University of worked to ensure that they are reach- parents had any experience with higher Maine at Presque Isle, which had been ing the students who most need them. education. That is very typical of what a longtime recipient of funding to pro- So many students in Maine and across I found in talking with students who vide TRIO Programs. Here is what hap- the country have truly had their lives are enrolled in the TRIO Programs. Au- pened with the University of Maine at changed by these wonderful programs, tumn decided to enroll at Eastern Presque Isle. It submitted a 65-page ap- such as Upward Bound. They have been Maine Community College, where she plication. In that application, the Uni- introduced to the world of higher edu- connected with TRIO’s Student Sup- versity of Maine of Presque Isle used cation. They have been given the sup- port Services Program. Autumn called 11⁄2-line spacing instead of double spac- port they need to succeed. In my State, TRIO ‘‘irreplaceable’’ and her ‘‘full ing in the text appearing in the graph- where so many families simply do not support system.’’ The academic advis- ics on two of its application’s 65 pages. have experience with higher education, ers were her ‘‘go-to people’’ when it I am not making this up. For that the TRIO Programs have made all the came to signing up for classes, finding reason alone, because the spacing was difference for their sons and daughters.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.034 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3367 I urge my colleagues to support the By Mr. DURBIN (for himself, Mr. Resolved, That the Senate— bipartisan Educational Opportunity REED, Mrs. FEINSTEIN, and Mr. (1) commemorates the 49 victims killed in and Success Act. BROWN): the attack at the Pulse nightclub in Orlando, Florida, on June 12, 2016, and offers heartfelt S. 1823. A bill to amend the Fair condolences to the families, loved ones, and By Mr. WYDEN (for himself, Mr. Labor Standards Act of 1938 to prohibit friends of the victims; MERKLEY, Mr. KING, Mr. employment of children in tobacco-re- (2) honors the dozens of survivors of the at- SCHATZ, and Mr. REED): lated agriculture by deeming such em- tack and pledges continued resolve to stand S. 1821. A bill to amend the Energy ployment as oppressive child labor; to against terrorism and hate; and Independence and Security Act of 2007 the Committee on Health, Education, (3) expresses gratitude to the brave law en- to provide for research on, and the de- Labor, and Pensions. forcement and emergency medical personnel velopment and deployment of, marine Mr. DURBIN. Mr. President, I ask who responded to the attack. energy, and for other purposes; to the unanimous consent that the text of the f Committee on Energy and Natural Re- bill be printed in the RECORD. SENATE RESOLUTION 247—RECOG- sources. There being no objection, the text of NIZING JUNE 2019 AS ‘‘LGBTQ Mr. WYDEN. Mr. President, marine the bill was ordered to be printed in PRIDE MONTH’’ energy technologies generate elec- the RECORD, as follows: Mr. BROWN (for himself, Mrs. FEIN- tricity using the natural power found S. 1823 STEIN, Ms. SMITH, Mr. SCHUMER, Ms. in ocean waves, tides, currents, and Be it enacted by the Senate and House of Rep- BALDWIN, Mr. BENNET, Mr. temperature differences in ocean resentatives of the United States of America in BLUMENTHAL, Mr. BOOKER, Ms. CANT- water. This nontraditional form of hy- Congress assembled, WELL, Mr. CARDIN, Mr. CARPER, Mr. dropower has the potential to fuel SECTION 1. SHORT TITLE. CASEY, Mr. COONS, Ms. CORTEZ MASTO, American homes and businesses with This Act may be cited as ‘‘Children Don’t Ms. DUCKWORTH, Mr. DURBIN, Mrs. renewable electricity and address the Belong on Tobacco Farms Act’’. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, very real challenge of climate change. SEC. 2. TOBACCO-RELATED AGRICULTURE EM- Mr. HEINRICH, Ms. HIRONO, Mr. JONES, PLOYMENT OF CHILDREN. Additionally, establishing a commer- Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Section 3(l) of the Fair Labor Standards cially viable marine energy industry in Mr. LEAHY, Mr. MANCHIN, Mr. MARKEY, Act of 1938 (29 U.S.C. 203(l)) is amended— the United States would support a ro- (1) in the first sentence— Mr. MENENDEZ, Mr. MERKLEY, Mr. MUR- bust manufacturing and construction (A) by striking ‘‘in any occupation, or (2)’’ PHY, Mrs. MURRAY, Mr. PETERS, Mr. supply chain and create thousands of and inserting ‘‘in any occupation, (2)’’; and REED, Ms. ROSEN, Mr. SANDERS, Mr. good-paying clean energy jobs. (B) by inserting before the semicolon the SCHATZ, Mrs. SHAHEEN, Ms. SINEMA, The Department of Energy (DOE) es- following: ‘‘, or (3) any employee under the Ms. STABENOW, Mr. TESTER, Mr. UDALL, timates that marine energy could age of eighteen years has direct contact with Mr. VAN HOLLEN, Mr. WARNER, Ms. produce enough renewable energy to tobacco plants or dried tobacco leaves’’; and WARREN, Mr. WHITEHOUSE, and Mr. (2) in the second sentence, by striking WYDEN) submitted the following reso- power millions of homes. Furthermore, ‘‘other than manufacturing and mining’’ and with more than half of the U.S. popu- lution; which was referred to the Com- inserting ‘‘, other than manufacturing, min- mittee on the Judiciary: lation living within 50 miles of a body ing, and tobacco-related agriculture as de- of water, there is vast potential for ma- scribed in paragraph (3) of the first sentence S. RES. 247 rine energy to efficiently provide clean of this subsection,’’. Whereas individuals who are lesbian, gay, bisexual, transgender, and queer (referred to electricity to communities across the f country—from large cities to remote in this preamble as ‘‘LGBTQ’’) include indi- SUBMITTED RESOLUTIONS viduals from— coastal communities. (1) all States, territories, and the District Because these promising marine re- of Columbia; and newable energy technologies are still (2) all faiths, races, national origins, socio- in the early stages of development, fed- SENATE RESOLUTION 246—HON- economic statuses, education levels, and po- eral support is needed to encourage pri- ORING THE MEMORY OF THE litical beliefs; VICTIMS OF THE HEINOUS AT- Whereas LGBTQ people in the United vate investments in marine energy States have made, and continue to make, projects, moving the United States TACK AT THE PULSE NIGHTCLUB ON JUNE 12, 2016 vital contributions to the United States and closer to large-scale deployment of to the world in every aspect, including in the these innovative clean energy tech- Mr. SCOTT of Florida (for himself fields of education, law, health, business, nologies. and Mr. RUBIO) submitted the following science, research, economic development, ar- The Marine Energy Research and De- resolution; which was considered and chitecture, fashion, sports, government, agreed to: music, film, politics, technology, literature, velopment Act advances this research and civil rights; by reauthorizing DOE’s marine renew- S. RES. 246 Whereas LGBTQ people in the United able energy programs from 2020 Whereas, on June 12, 2016, a gunman in- States serve as law enforcement officers, through 2021. The bill gives priority to spired by the Islamic State of Iraq and Syria firefighters, and first responders in all States projects and technologies that have the targeted the Pulse nightclub in Orlando, and the District of Columbia; highest likelihood to lead to commer- Florida, where he killed 49 innocent victims Whereas LGBTQ people in the United cial utilization of new marine energy and wounded dozens more in a despicable at- States serve, and have served, the United tack; States Army, Coast Guard, Navy, Air Force, systems. Whereas the attack at the Pulse nightclub and Marines honorably and with distinction The bill also directs DOE to research was an attack on the LGBTQ community, and bravery; ways of building a stable marine en- the Hispanic community, the City of Or- Whereas an estimated number of more ergy supply chain in the United States, lando, the State of Florida, and the United than 100,000 brave service members were dis- as well as ways of harmonizing marine States; charged from the Armed Forces of the energy development with ocean naviga- Whereas the Orlando community continues United States between the beginning of tion, fisheries, and critical infrastruc- to mourn the tragic loss of life, but has dem- World War II and 2011 because of their sexual ture such as undersea cables. onstrated remarkable strength, unity, and orientation, including the discharge of more resilience in the aftermath of the horrendous than 13,000 service members under the The bill includes funding authoriza- event; ‘‘Don’t Ask, Don’t Tell’’ policy in place be- tion for the National Marine Renew- Whereas June 12 is designated as ‘‘Pulse tween 1994 and 2011; able Energy Research Centers, which Remembrance Day’’ in the State of Florida Whereas LGBTQ people in the United are located in Florida, Hawaii and the to honor the victims and survivors of the States serve, and have served, in positions in Pacific Northwest. These three centers senseless attack; the Federal Government and State and local make use of federal funding and the re- Whereas the people of the United States governments, including as members of Con- sources of five universities to test and continue to pray for those affected by the gress, Governors, mayors, and city council tragedy; and members; refine various marine energy tech- Whereas June 12, 2019, marks 3 years since Whereas the demonstrators who protested nologies. The bill also provides DOE the lives of the 49 innocent victims were on June 28, 1969, 50 years ago this year, fol- new authority to establish new Na- tragically cut short by the senseless act of lowing a law enforcement raid of the Stone- tional Marine Energy Centers. terrorism: Now, therefore, be it wall Inn, an LGBTQ club in New York City,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JN6.036 S12JNPT1 S3368 CONGRESSIONAL RECORD — SENATE June 12, 2019 are pioneers of the LGBTQ movement for Whereas, in 2009, President Barack Obama his kindness and beautiful singing voice, and equality; signed the Matthew Shepard and James who ran into danger looking for more people Whereas, throughout much of the history Byrd, Jr. Hate Crimes Prevention Act (divi- to save after ensuring his coworkers were of the United States, same-sex relationships sion E of Public Law 111–84; 123 Stat. 2835) sheltered in a barricaded room, was mur- were criminalized in many States and many into law to protect all people in the United dered in the shooting; LGBTQ people in the United States were States from crimes motivated by the actual Whereas Tara Welch Gallagher, a 6-year forced to hide their LGBTQ identities while or perceived sexual orientation or gender employee of the city of Virginia Beach De- living in secrecy and fear; identity of an individual; partment of Public Works who worked as an Whereas, on June 26, 2015, the Supreme Whereas LGBTQ people in the United engineer to provide clean drinking water for Court of the United States ruled in Obergefell States have fought for equal treatment, dig- her community, was murdered in the shoot- v. Hodges, 135 S. Ct. 2584, that same-sex cou- nity, and respect; ing; ples have a constitutional right to marry Whereas LGBTQ people in the United Whereas Mary Louise Gayle, a 24-year em- and acknowledged that ‘‘[n]o union is more States have achieved significant milestones, ployee of the city of Virginia Beach Depart- profound than marriage, for it embodies the ensuring that future generations of LGBTQ ment of Public Works who was known as a highest ideals of love, fidelity, devotion, sac- people in the United States will enjoy a more cheerful coworker and devoted mother and rifice, and family.’’; equal and just society; grandmother, was murdered in the shooting; Whereas Acquired Immunodeficiency Syn- Whereas, despite being marginalized Whereas Alexander Mikhail Gusev, a 9-year drome (referred to in this preamble as throughout the history of the United States, employee of the city of Virginia Beach De- ‘‘AIDS’’) has disproportionately impacted LGBTQ people in the United States continue partment of Public Works who emigrated LGBTQ people in the United States, due in to celebrate their identities, love, and con- from Belarus to Virginia Beach to find a bet- part to a lack of funding and research de- tributions to the United States in various ter life and who was known as a generous voted to finding effective treatment for expressions of Pride; and and devoted coworker, friend, brother, and AIDS and the Human Immunodeficiency Whereas the inclusion of LGBTQ people in uncle, was murdered in the shooting; Virus (referred to in this preamble as ‘‘HIV’’) the United States continues to expand every Whereas Joshua O. Hardy, a 4-year em- during the early stages of the HIV and AIDS day and LGBTQ people in the United States ployee of the city of Virginia Beach Depart- epidemic; remain determined to pursue equality, re- Whereas gay and bisexual men and ment of Public Utilities who was known for spect, and inclusion for all individuals re- his kindhearted nature and love for his fam- transgender women of color have a higher gardless of sexual orientation or gender iden- risk of contracting HIV; ily and faith, was murdered in the shooting; tity: Now, therefore, be it Whereas Michelle ‘‘Missy’’ Langer, a 12- Whereas the LGBTQ community has main- Resolved, That the Senate— tained its unwavering commitment to ending year employee of the city of Virginia Beach (1) supports the rights, freedoms, and equal Department of Public Utilities who was the HIV and AIDS epidemics; treatment of lesbian, gay, bisexual, Whereas LGBTQ people in the United known for her beaming smile and passion for transgender, and queer (referred to in this the Pittsburgh Steelers, and who had plans States face disparities in employment, resolving clause as ‘‘LGBTQ’’) people in the healthcare, education, housing, and many to retire soon, was murdered in the shooting; United States and around the world; Whereas Richard H. Nettleton, a 28-year other areas central to the pursuit of happi- (2) acknowledges that LGBTQ rights are ness in the United States; employee of the city of Virginia Beach De- human rights that are to be protected by the partment of Public Utilities who was a self- Whereas 30 States have no explicit ban on United States Constitution and numerous discrimination based on sexual orientation less leader in regional utility system plan- international treaties and conventions; ning and a veteran of the 130th Engineer Bri- and gender identity in the workplace, hous- (3) supports efforts to ensure the equal ing, or public accommodations, and 35 States gade of the Army, was murdered in the treatment of all people in the United States, shooting; have no explicit ban on discrimination regardless of sexual orientation and gender against LGBTQ individuals in education; Whereas Katherine A. Nixon, a 10-year em- identity; ployee of the city of Virginia Beach Depart- Whereas LGBTQ youth are at increased (4) supports efforts to ensure that the risk of suicide, homelessness, and becoming ment of Public Utilities who was known for United States remains a beacon of hope for her intellect and who was a loving wife and victims of bullying and violence; the equal treatment of people around the Whereas the LGBTQ community has faced mother of 3 children, was murdered in the world, including LGBTQ individuals; and shooting; discrimination, inequality, and violence (5) encourages the celebration of June as throughout the history of the United States; Whereas Christopher Kelly Rapp, an 11- ‘‘LGBTQ Pride Month’’ in order to provide a month employee of the city of Virginia Whereas LGBTQ people in the United lasting opportunity for all people in the States, in particular transgender individuals, Beach Department of Public Works who was United States— known for his kindness, his passion for play- face a disproportionately high risk of becom- (A) to learn about the discrimination and ing victims of violent hate crimes; ing the bagpipes, and his devotion to his inequality that the LGBTQ community en- wife, was murdered in the shooting; Whereas members of the LGBTQ commu- dured, and continues to endure; and nity have been targeted in acts of mass vio- Whereas Herbert ‘‘Bert’’ Snelling, a con- (B) to celebrate the contributions of the tractor who had come to the Municipal Cen- lence, including— LGBTQ community throughout the history (1) the Pulse nightclub shooting in Or- ter to get a permit and who was celebrating of the United States. lando, Florida, on June 12, 2016, where 49 peo- his 38th wedding anniversary, was murdered ple were killed; and f in the shooting; (2) the arson attack at the UpStairs SENATE RESOLUTION 248—HON- Whereas Robert ‘‘Bobby’’ Williams, a 41- Lounge in New Orleans, Louisiana, on June year employee of the city of Virginia Beach 24, 1973, where 32 people died; ORING THE VICTIMS OF THE Department of Public Utilities, who was Whereas LGBTQ people in the United MASS SHOOTING IN VIRGINIA awarded with 8 service awards in recognition States face persecution, violence, and death BEACH, VIRGINIA of his lifetime of devoted work and who was in many parts of the world, including State- Mr. KAINE (for himself and Mr. WAR- planning on retiring later in the year to sponsored violence; NER) submitted the following resolu- spend more time with his family, was mur- Whereas in the several years preceding tion; which was considered and agreed dered in the shooting; 2019, hundreds of LGBTQ people around the Whereas the actions of those city employ- world were arrested and, in some cases, tor- to: ees who alerted their coworkers to danger tured or even executed, because of their ac- S. RES. 248 and pulled them into shelter saved an un- tual or perceived sexual orientation or gen- Whereas, on Friday, May 31, 2019, 12 people knowable number of lives; der identity in countries and territories such were killed in a mass shooting at the Munic- Whereas police officers responded within as Chechnya, Egypt, Indonesia, and Tan- ipal Center in Virginia Beach, Virginia; minutes of the first reports of shooting, he- zania; Whereas 11 of the 12 victims were employ- roically risking their lives by running into Whereas people and countries around the ees of the city of Virginia Beach with more the line of fire; world have come together in condemnation than 150 years of combined service to the Whereas 1 police officer was shot while of attacks on LGBTQ communities in many city, and the remaining victim was a con- confronting the gunman and survived be- countries, including in Brunei, where a dra- tractor who had come to the Municipal Cen- cause he was wearing a bulletproof vest; conian new set of laws was enacted in April ter for business; Whereas those who were present at, or re- 2019 that would impose the death penalty for Whereas Laquita C. Brown, a 4-year em- sponded to, the scene of the shooting encoun- same-sex relations; ployee of the city of Virginia Beach Depart- tered a ‘‘war zone’’ of horrific violence that Whereas, in May 2019, Taiwan became the ment of Public Works who was known for her will be forever seared into their memories; first place in Asia to extend marriage rights love of travel with friends and her ability to Whereas mental health providers, coun- to same-sex couples; light up a room with her presence, was mur- selors, and faith leaders have tended to the Whereas the LGBTQ community holds dered in the shooting; invisible wounds of the shooting, and will Pride festivals and marches in some of the Whereas Ryan Keith Cox, a 12-year em- continue to do so for decades to come; most dangerous places in the world, despite ployee of the city of Virginia Beach Depart- Whereas Virginia Beach Chief of Police threats of violence and arrest; ment of Public Utilities who was known for James Cervera, Mayor Bobby Dyer, and City

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.041 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3369 Manager David Hansen have led their com- (2) was named conference coach of the year tended to be proposed by him to the bill S. munity through its darkest hour with cour- for the 11th time; 1790, supra; which was ordered to lie on the age, dignity, professionalism, and compas- Whereas attendance at the 2019 NCAA Divi- table. sion; and sion I Women’s Lacrosse Championship was SA 264. Mrs. SHAHEEN (for herself and Mr. Whereas, within hours of the shooting, the announced as totaling 9,433, the fourth-high- ROUNDS) submitted an amendment intended residents of Virginia Beach had come to- est attendance for an NCAA women’s la- to be proposed by her to the bill S. 1790, gether in an outpouring of support for those crosse championship game; and supra; which was ordered to lie on the table. affected, showing the resiliency of love in Whereas the 2019 Maryland Terrapins SA 265. Mrs. SHAHEEN submitted an the face of evil: Now, therefore, be it team, with its commitment to excellence, amendment intended to be proposed by her Resolved, That the Senate— tremendous teamwork, and good sportsman- to the bill S. 1790, supra; which was ordered (1) joins the Commonwealth of Virginia in ship, has been a source of great pride to the to lie on the table. mourning the deaths and celebrating the University of Maryland, the State of Mary- SA 266. Mrs. SHAHEEN submitted an lives of the 12 victims killed in the shooting land, and the United States: Now, therefore, amendment intended to be proposed by her at the Municipal Center in Virginia Beach on be it to the bill S. 1790, supra; which was ordered May 31, 2019; Resolved, That the Senate— to lie on the table. (2) applauds the heroism, dedication, and (1) congratulates the Maryland Terrapins SA 267. Mrs. SHAHEEN submitted an compassion of the police officers, first re- women’s lacrosse team of the University of amendment intended to be proposed by her sponders, and emergency medical personnel Maryland, College Park for winning the 2019 to the bill S. 1790, supra; which was ordered who responded to the shooting and tended to National Collegiate Athletic Association Di- to lie on the table. the wounded, in some cases risking their own vision I Women’s Lacrosse Championship; SA 268. Mrs. SHAHEEN submitted an lives while saving others; (2) recognizes the outstanding achieve- amendment intended to be proposed by her (3) recognizes the strength of the Virginia ments of the players, coaches, students, and to the bill S. 1790, supra; which was ordered Beach community in coming together to staff of the University of Maryland whose to lie on the table. SA 269. Mr. JONES (for himself, Ms. COL- show that this tragedy will not define them; teamwork and dedication were key to vic- LINS, Mr. CRAPO, Mr. TESTER, and Mr. RISCH) and tory in the championship game; and submitted an amendment intended to be pro- (4) reaffirms its responsibility to find ways (3) respectfully requests that the Secretary posed by him to the bill S. 1790, supra; which to prevent more individuals in the United of the Senate transmit for appropriate dis- was ordered to lie on the table. States from dying in acts of violence. play an enrolled copy of this resolution to— SA 270. Mr. TESTER (for himself and Mr. (A) the president of the University of f MORAN) submitted an amendment intended Maryland, College Park, Wallace Loh; and SENATE RESOLUTION 249—COM- to be proposed by him to the bill S. 1790, (B) the head coach of the University of supra; which was ordered to lie on the table. MEMORATING THE VICTORY OF Maryland, College Park women’s lacrosse SA 271. Mr. TESTER (for himself and Mr. THE UNIVERSITY OF MARYLAND team, Cathy Reese. MORAN) submitted an amendment intended IN THE 2019 NATIONAL COLLE- f to be proposed by him to the bill S. 1790, GIATE ATHLETIC ASSOCIATION AMENDMENTS SUBMITTED AND supra; which was ordered to lie on the table. DIVISION I WOMEN’S LACROSSE SA 272. Mr. TESTER (for himself and Ms. PROPOSED CHAMPIONSHIP MURKOWSKI) submitted an amendment in- tended to be proposed by him to the bill S. Mr. CARDIN (for himself and Mr. SA 253. Ms. DUCKWORTH submitted an amendment intended to be proposed by her 1790, supra; which was ordered to lie on the VAN HOLLEN) submitted the following to the bill S. 1790, to authorize appropria- table. resolution; which was considered and tions for fiscal year 2020 for military activi- SA 273. Mr. BLUMENTHAL submitted an agreed to: ties of the Department of Defense, for mili- amendment intended to be proposed by him to the bill S. 1790, supra; which was ordered S. RES. 249 tary construction, and for defense activities to lie on the table. Whereas, on May 26, 2019, the University of of the Department of Energy, to prescribe military personnel strengths for such fiscal SA 274. Mr. BLUMENTHAL (for himself Maryland, College Park won a 14th National and Mr. MANCHIN) submitted an amendment Collegiate Athletic Association (referred to year, and for other purposes; which was or- dered to lie on the table. intended to be proposed by him to the bill S. in this preamble as ‘‘NCAA’’) Division I 1790, supra; which was ordered to lie on the Women’s Lacrosse Championship; SA 254. Ms. DUCKWORTH (for herself and Ms. HIRONO) submitted an amendment in- table. Whereas the Maryland Terrapins women’s SA 275. Mr. BLUMENTHAL submitted an tended to be proposed by her to the bill S. lacrosse team of the University of Maryland, amendment intended to be proposed by him 1790, supra; which was ordered to lie on the College Park (referred to in this preamble as to the bill S. 1790, supra; which was ordered the ‘‘Maryland Terrapins’’) has won the most table. SA 255. Ms. DUCKWORTH submitted an to lie on the table. national championships of any women’s la- SA 276. Mr. BLUMENTHAL (for himself amendment intended to be proposed by her crosse program; and Mr. BROWN) submitted an amendment in- to the bill S. 1790, supra; which was ordered Whereas the 2019 NCAA Division I Women’s tended to be proposed by him to the bill S. to lie on the table. Lacrosse Championship victory represents— 1790, supra; which was ordered to lie on the SA 256. Ms. DUCKWORTH submitted an (1) the fifth national championship victory table. for the Maryland Terrapins under head coach amendment intended to be proposed by her SA 277. Mr. BLUMENTHAL submitted an Cathy Reese; and to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him (2) the 74th NCAA tournament victory for to lie on the table. to the bill S. 1790, supra; which was ordered SA 257. Ms. DUCKWORTH submitted an the Maryland Terrapins; to lie on the table. Whereas the Maryland Terrapins com- amendment intended to be proposed by her SA 278. Mr. BLUMENTHAL submitted an pleted the 2019 women’s lacrosse season with to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him an impressive record of 22 wins and 1 loss; to lie on the table. to the bill S. 1790, supra; which was ordered Whereas the Maryland Terrapins senior SA 258. Ms. DUCKWORTH submitted an to lie on the table. class finished a 4-year career with 2 NCAA ti- amendment intended to be proposed by her SA 279. Mr. COTTON submitted an amend- tles and only 4 losses; to the bill S. 1790, supra; which was ordered ment intended to be proposed by him to the Whereas senior goalkeeper Megan Taylor— to lie on the table. bill S. 1790, supra; which was ordered to lie (1) made 10 saves in the championship SA 259. Ms. DUCKWORTH submitted an on the table. game; amendment intended to be proposed by her SA 280. Mr. COTTON (for himself and Ms. (2) was named Most Outstanding Player of to the bill S. 1790, supra; which was ordered DUCKWORTH) submitted an amendment in- the Final Four; and to lie on the table. tended to be proposed by him to the bill S. (3) received the Tewaaraton Award, which SA 260. Ms. DUCKWORTH submitted an 1790, supra; which was ordered to lie on the is given to the top collegiate lacrosse player amendment intended to be proposed by her table. in the United States, making Megan Taylor to the bill S. 1790, supra; which was ordered SA 281. Ms. KLOBUCHAR submitted an the first goalie in history to receive that dis- to lie on the table. amendment intended to be proposed by her tinction; SA 261. Ms. DUCKWORTH submitted an to the bill S. 1790, supra; which was ordered Whereas the Maryland Terrapins won the amendment intended to be proposed by her to lie on the table. 2019 NCAA Women’s Lacrosse Championship to the bill S. 1790, supra; which was ordered SA 282. Ms. KLOBUCHAR submitted an by a score of 12 to 10, with— to lie on the table. amendment intended to be proposed by her (1) Brindi Griffin and Grace Griffin each SA 262. Mr. SCHATZ (for himself, Mr. to the bill S. 1790, supra; which was ordered scoring 3 goals; and GARDNER, Mr. SULLIVAN, and Ms. HARRIS) to lie on the table. (2) Jen Giles, Kali Hartshorn, and Caroline submitted an amendment intended to be pro- SA 283. Mr. VAN HOLLEN (for himself and Steele each scoring 2 goals; posed by him to the bill S. 1790, supra; which Mr. BLUNT) submitted an amendment in- Whereas head coach Cathy Reese— was ordered to lie on the table. tended to be proposed by him to the bill S. (1) was selected for induction into the Na- SA 263. Mr. SCHATZ (for himself and Ms. 1790, supra; which was ordered to lie on the tional Lacrosse Hall of Fame; and MURKOWSKI) submitted an amendment in- table.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.042 S12JNPT1 S3370 CONGRESSIONAL RECORD — SENATE June 12, 2019 SA 284. Mr. VAN HOLLEN submitted an bill S. 1790, supra; which was ordered to lie SA 326. Mr. CARPER (for himself, Mr. amendment intended to be proposed by him on the table. TESTER, Mr. JOHNSON, and Mr. GRASSLEY) to the bill S. 1790, supra; which was ordered SA 306. Mr. WYDEN submitted an amend- submitted an amendment intended to be pro- to lie on the table. ment intended to be proposed by him to the posed by him to the bill S. 1790, supra; which SA 285. Mr. VAN HOLLEN submitted an bill S. 1790, supra; which was ordered to lie was ordered to lie on the table. amendment intended to be proposed by him on the table. SA 327. Ms. CORTEZ MASTO submitted an to the bill S. 1790, supra; which was ordered SA 307. Mr. WYDEN submitted an amend- amendment intended to be proposed by her to lie on the table. ment intended to be proposed by him to the to the bill S. 1790, supra; which was ordered SA 286. Ms. BALDWIN submitted an bill S. 1790, supra; which was ordered to lie to lie on the table. amendment intended to be proposed by her on the table. SA 328. Mr. CARDIN submitted an amend- to the bill S. 1790, supra; which was ordered SA 308. Mr. WYDEN submitted an amend- ment intended to be proposed by him to the to lie on the table. ment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie SA 287. Ms. BALDWIN submitted an bill S. 1790, supra; which was ordered to lie on the table. amendment intended to be proposed by her on the table. SA 329. Mr. VAN HOLLEN (for himself, Mr. to the bill S. 1790, supra; which was ordered SA 309. Mr. PERDUE submitted an amend- MERKLEY, Mr. WARNER, Mr. BROWN, and Mr. to lie on the table. ment intended to be proposed by him to the KAINE) submitted an amendment intended to SA 288. Ms. BALDWIN submitted an bill S. 1790, supra; which was ordered to lie be proposed by him to the bill S. 1790, supra; amendment intended to be proposed by her on the table. which was ordered to lie on the table. to the bill S. 1790, supra; which was ordered SA 310. Mr. CARDIN submitted an amend- SA 330. Ms. DUCKWORTH submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by her SA 289. Mr. SULLIVAN submitted an bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him on the table. to lie on the table. to the bill S. 1790, supra; which was ordered SA 311. Mr. CARDIN submitted an amend- SA 331. Mr. MERKLEY submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 290. Mr. MENENDEZ submitted an bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him on the table. to lie on the table. to the bill S. 1790, supra; which was ordered SA 312. Mr. CARDIN submitted an amend- SA 332. Mr. MERKLEY submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 291. Mr. MENENDEZ submitted an bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him on the table. to lie on the table. to the bill S. 1790, supra; which was ordered SA 313. Ms. MURKOWSKI (for herself, Mr. SA 333. Mr. MERKLEY submitted an ANCHIN, Mr. TILLIS, Mr. CRAMER, Mrs. to lie on the table. M amendment intended to be proposed by him SA 292. Mr. MENENDEZ submitted an CAPITO, Mr. SULLIVAN, Mr. RISCH, Mr. JONES, to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him and Ms. MCSALLY) submitted an amendment to lie on the table. to the bill S. 1790, supra; which was ordered intended to be proposed by her to the bill S. SA 334. Mr. MERKLEY submitted an to lie on the table. 1790, supra; which was ordered to lie on the amendment intended to be proposed by him SA 293. Mr. MENENDEZ submitted an table. to the bill S. 1790, supra; which was ordered SA 314. Mr. CORNYN (for himself, Mr. amendment intended to be proposed by him to lie on the table. KING, Mr. TILLIS, and Ms. DUCKWORTH) sub- SA 335. Mr. MERKLEY submitted an to the bill S. 1790, supra; which was ordered mitted an amendment intended to be pro- amendment intended to be proposed by him to lie on the table. SA 294. Mr. MENENDEZ submitted an posed by him to the bill S. 1790, supra; which to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him was ordered to lie on the table. to lie on the table. SA 315. Mr. PERDUE submitted an amend- SA 336. Mr. MERKLEY submitted an to the bill S. 1790, supra; which was ordered ment intended to be proposed by him to the amendment intended to be proposed by him to lie on the table. bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered SA 295. Mr. MENENDEZ submitted an on the table. to lie on the table. amendment intended to be proposed by him SA 316. Mr. ENZI submitted an amendment SA 337. Mr. MERKLEY submitted an to the bill S. 1790, supra; which was ordered intended to be proposed by him to the bill S. amendment intended to be proposed by him to lie on the table. 1790, supra; which was ordered to lie on the to the bill S. 1790, supra; which was ordered SA 296. Mr. MENENDEZ submitted an table. to lie on the table. amendment intended to be proposed by him SA 317. Mr. BOOZMAN (for himself and Mr. SA 338. Mr. MERKLEY submitted an to the bill S. 1790, supra; which was ordered TESTER) submitted an amendment intended amendment intended to be proposed by him to lie on the table. to be proposed by him to the bill S. 1790, to the bill S. 1790, supra; which was ordered SA 297. Mr. MENENDEZ submitted an supra; which was ordered to lie on the table. to lie on the table. amendment intended to be proposed by him SA 318. Mr. BOOZMAN submitted an SA 339. Mr. MERKLEY submitted an to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him amendment intended to be proposed by him to lie on the table. to the bill S. 1790, supra; which was ordered to the bill S. 1790, supra; which was ordered SA 298. Mr. MENENDEZ submitted an to lie on the table. to lie on the table. amendment intended to be proposed by him SA 319. Mr. BOOZMAN submitted an SA 340. Mr. COONS (for himself, Mr. to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him TILLIS, Ms. KLOBUCHAR, Ms. SINEMA, Mr. to lie on the table. to the bill S. 1790, supra; which was ordered YOUNG, Ms. DUCKWORTH , Mr. MARKEY, Mr. SA 299. Mr. MENENDEZ submitted an to lie on the table. JONES, Ms. COLLINS, and Mr. KAINE) sub- amendment intended to be proposed by him SA 320. Mr. BARRASSO (for himself, Mr. mitted an amendment intended to be pro- to the bill S. 1790, supra; which was ordered WHITEHOUSE, Mrs. CAPITO, Mr. CARPER, Mr. posed by him to the bill S. 1790, supra; which to lie on the table. CRAMER, Ms. SMITH, Mr. ROUNDS, Mr. COONS, was ordered to lie on the table. SA 300. Mr. MANCHIN (for himself, Mrs. and Mr. HOEVEN) submitted an amendment SA 341. Mr. CASSIDY submitted an amend- CAPITO, and Mr. ROMNEY) submitted an intended to be proposed by him to the bill S. ment intended to be proposed by him to the amendment intended to be proposed by him 1790, supra; which was ordered to lie on the bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered table. on the table. to lie on the table. SA 321. Ms. CANTWELL submitted an SA 342. Mr. HOEVEN submitted an amend- SA 301. Mr. MANCHIN submitted an amendment intended to be proposed by her ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 1790, supra; which was ordered bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 322. Ms. CANTWELL submitted an SA 343. Mr. HOEVEN submitted an amend- SA 302. Mr. MANCHIN submitted an amendment intended to be proposed by her ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 1790, supra; which was ordered bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 323. Ms. DUCKWORTH submitted an SA 344. Mr. HOEVEN submitted an amend- SA 303. Mr. REED submitted an amend- amendment intended to be proposed by her ment intended to be proposed by him to the ment intended to be proposed by him to the to the bill S. 1790, supra; which was ordered bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 324. Ms. ROSEN submitted an amend- SA 345. Mr. HOEVEN submitted an amend- SA 304. Mr. BLUMENTHAL (for himself, ment intended to be proposed by her to the ment intended to be proposed by him to the Mr. SCHUMER, Mrs. GILLIBRAND, and Mr. bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie MURPHY) submitted an amendment intended on the table. on the table. to be proposed by him to the bill S. 1790, SA 325. Ms. ROSEN submitted an amend- SA 346. Mr. HOEVEN submitted an amend- supra; which was ordered to lie on the table. ment intended to be proposed by her to the ment intended to be proposed by him to the SA 305. Mr. WYDEN submitted an amend- bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.045 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3371 SA 347. Ms. BALDWIN submitted an tended to be proposed by her to the bill S. SA 380. Mr. REED (for himself and Ms. amendment intended to be proposed by her 1790, supra; which was ordered to lie on the SMITH) submitted an amendment intended to to the bill S. 1790, supra; which was ordered table. be proposed by him to the bill S. 1790, supra; to lie on the table. SA 367. Mr. SCHATZ (for himself and Mrs. which was ordered to lie on the table. SA 348. Ms. BALDWIN (for herself and Mr. GILLIBRAND) submitted an amendment in- SA 381. Ms. COLLINS (for herself and Ms. CORNYN) submitted an amendment intended tended to be proposed by him to the bill S. KLOBUCHAR) submitted an amendment in- to be proposed by her to the bill S. 1790, 1790, supra; which was ordered to lie on the tended to be proposed by her to the bill S. supra; which was ordered to lie on the table. table. 1790, supra; which was ordered to lie on the SA 349. Ms. BALDWIN (for herself and Mr. SA 368. Mrs. MURRAY submitted an table. HOEVEN) submitted an amendment intended amendment intended to be proposed by her SA 382. Mr. REED (for himself, Mr. to be proposed by her to the bill S. 1790, to the bill S. 1790, supra; which was ordered CRAMER, Mr. KENNEDY, Ms. COLLINS, Mr. supra; which was ordered to lie on the table. to lie on the table. JONES, Ms. CORTEZ MASTO, and Mr. WARNER) SA 350. Mr. SCOTT, of Florida (for himself SA 369. Mr. COONS submitted an amend- submitted an amendment intended to be pro- and Mr. COTTON) submitted an amendment ment intended to be proposed by him to the posed by him to the bill S. 1790, supra; which intended to be proposed by him to the bill S. bill S. 1790, supra; which was ordered to lie was ordered to lie on the table. 1790, supra; which was ordered to lie on the on the table. SA 383. Mr. MURPHY submitted an amend- table. SA 370. Mrs. GILLIBRAND submitted an ment intended to be proposed by him to the amendment intended to be proposed by her SA 351. Mr. SCHUMER (for himself and bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered Mrs. GILLIBRAND) submitted an amendment on the table. intended to be proposed by him to the bill S. to lie on the table. SA 384. Ms. CORTEZ MASTO submitted an SA 371. Mrs. GILLIBRAND (for herself, Mr. 1790, supra; which was ordered to lie on the amendment intended to be proposed by her GRASSLEY, Mrs. SHAHEEN, Mr. LEAHY, Mr. table. to the bill S. 1790, supra; which was ordered DURBIN, Ms. WARREN, Mr. BENNET, Mr. SA 352. Mr. HEINRICH (for himself, Mr. to lie on the table. MERKLEY, Mr. BLUMENTHAL, Mr. WYDEN, Ms. PORTMAN, and Mr. SCHATZ) submitted an SA 385. Ms. WARREN (for herself, Mr. HIRONO, Ms. HASSAN, Ms. BALDWIN, Mr. amendment intended to be proposed by him PORTMAN, Mr. TILLIS, Ms. SINEMA, Mr. TEST- COONS, Mr. MENENDEZ, Mrs. FEINSTEIN, Mr. to the bill S. 1790, supra; which was ordered ER, and Mrs. FISCHER) submitted an amend- UDALL, Ms. KLOBUCHAR, Mr. BROWN, Ms. to lie on the table. ment intended to be proposed by her to the MURKOWSKI, Ms. SMITH, Mr. BOOKER, Mr. SA 353. Ms. HARRIS (for herself and Mr. bill S. 1790, supra; which was ordered to lie SANDERS, Mr. CASEY, Mr. CRUZ, Mr. PAUL, WYDEN) submitted an amendment intended on the table. Ms. HARRIS, Mr. MARKEY, Mr. HEINRICH, and to be proposed by her to the bill S. 1790, SA 386. Ms. WARREN (for herself, Ms. COL- Ms. DUCKWORTH) submitted an amendment supra; which was ordered to lie on the table. intended to be proposed by her to the bill S. LINS, Mr. KING, Mr. DAINES, Mr. MURPHY, Mr. SA 354. Mr. HEINRICH submitted an 1790, supra; which was ordered to lie on the MORAN, Mr. MARKEY, Mr. MENENDEZ, Ms. amendment intended to be proposed by him table. HASSAN, Mr. MERKLEY, Mr. JONES, Mr. TEST- to the bill S. 1790, supra; which was ordered SA 372. Mr. WICKER (for himself, Mr. ER, Mr. BLUMENTHAL, Mr. BOOKER, Mrs. to lie on the table. JONES, Mr. CASSIDY, Mr. RUBIO, and Mr. SHAHEEN, Mr. VAN HOLLEN, Ms. STABENOW, SA 355. Mr. MORAN (for himself and Ms. SCOTT of Florida) submitted an amendment Mr. CASEY, Mr. CARDIN, Ms. KLOBUCHAR, Mr. SMITH) submitted an amendment intended to intended to be proposed by him to the bill S. COONS, and Ms. BALDWIN) submitted an be proposed by him to the bill S. 1790, supra; 1790, supra; which was ordered to lie on the amendment intended to be proposed by her which was ordered to lie on the table. table. to the bill S. 1790, supra; which was ordered SA 356. Ms. ROSEN submitted an amend- SA 373. Mr. CORNYN (for himself, Ms. to lie on the table. ment intended to be proposed by her to the BALDWIN, Mr. CRAPO, Mr. BROWN, Mr. SA 387. Mr. MANCHIN submitted an bill S. 1790, supra; which was ordered to lie BLUMENTHAL, Mr. CRAMER, Mr. KING, Mr. amendment intended to be proposed by him on the table. BLUNT, Mr. COTTON, Mr. WARNER, Mr . ROM- to the bill S. 1790, supra; which was ordered SA 357. Mr. MANCHIN (for himself and Ms. NEY, Mr. SULLIVAN, Ms. ERNST, Mr. JONES, to lie on the table. DUCKWORTH) submitted an amendment in- Mr. CASEY, Mr. WYDEN, Mr. CASSIDY, Mr. SA 388. Mr. WARNER (for himself and Mr. tended to be proposed by him to the bill S. GRASSLEY, Mr. CRUZ, Mrs. CAPITO, Ms. COR- RUBIO) submitted an amendment intended to 1790, supra; which was ordered to lie on the TEZ MASTO, Ms. SMITH, Mr. MANCHIN, Mrs. be proposed by him to the bill S. 1790, supra; table. BLACKBURN, Mr. SCOTT of South Carolina, which was ordered to lie on the table. SA 358. Mr. MANCHIN (for himself and Mr. Mr. TILLIS, Mr. ROBERTS, Mr. RUBIO, Mr. SA 389. Mr. WARNER (for himself and Mr. BLUNT) submitted an amendment intended to RISCH, Mr. BOOZMAN, Mrs. FISCHER, Mr. KAINE) submitted an amendment intended to be proposed by him to the bill S. 1790, supra; ROUNDS, Mr. KAINE, and Mrs. HYDE-SMITH) be proposed by him to the bill S. 1790, supra; which was ordered to lie on the table. submitted an amendment intended to be pro- which was ordered to lie on the table. SA 359. Mr. MENENDEZ submitted an posed by him to the bill S. 1790, supra; which SA 390. Ms. STABENOW (for herself, Mr. amendment intended to be proposed by him was ordered to lie on the table. CORNYN, Mrs. FEINSTEIN, and Mr. SCHUMER) to the bill S. 1790, supra; which was ordered SA 374. Ms. KLOBUCHAR (for herself, Ms. submitted an amendment intended to be pro- to lie on the table. COLLINS, Mr. MANCHIN, and Mr. PETERS) sub- posed by her to the bill S. 1790, supra; which SA 360. Mr. COTTON (for himself, Mr. mitted an amendment intended to be pro- was ordered to lie on the table. WHITEHOUSE, Mr. ISAKSON, Mr. JONES, Mr. posed by her to the bill S. 1790, supra; which SA 391. Mr. JOHNSON (for himself and Mr. CORNYN, and Ms. ROSEN) submitted an was ordered to lie on the table. PETERS) submitted an amendment intended amendment intended to be proposed by him SA 375. Ms. KLOBUCHAR (for herself, Mr. to be proposed by him to the bill S. 1790, to the bill S. 1790, supra; which was ordered SULLIVAN, Mr. BLUMENTHAL, Ms. BALDWIN, supra; which was ordered to lie on the table. to lie on the table. Mr. BOOZMAN, Mr. BROWN, Mr. CASEY, Ms. f SA 361. Mr. COTTON submitted an amend- COLLINS, Mr. COONS, Mr. CRUZ, Ms. ment intended to be proposed by him to the DUCKWORTH, Mrs. FEINSTEIN, Mrs. TEXT OF AMENDMENTS bill S. 1790, supra; which was ordered to lie GILLIBRAND, Mr. JONES, Mr. LEAHY, Mr. MAR- Ms. DUCKWORTH submitted on the table. SA 253. KEY, Mr. MENENDEZ, Mr. MORAN, Ms. ROSEN, an amendment intended to be proposed SA 362. Ms. COLLINS (for herself and Mr. Mr. ROUNDS, Mr. SANDERS, Mrs. SHAHEEN, by her to the bill S. 1790, to authorize KING) submitted an amendment intended to Ms. STABENOW, and Mr. WHITEHOUSE) sub- be proposed by her to the bill S. 1790, supra; mitted an amendment intended to be pro- appropriations for fiscal year 2020 for which was ordered to lie on the table. posed by her to the bill S. 1790, supra; which military activities of the Department SA 363. Mr. YOUNG submitted an amend- was ordered to lie on the table. of Defense, for military construction, ment intended to be proposed by him to the SA 376. Ms. DUCKWORTH submitted an and for defense activities of the De- bill S. 1790, supra; which was ordered to lie amendment intended to be proposed by her partment of Energy, to prescribe mili- on the table. to the bill S. 1790, supra; which was ordered tary personnel strengths for such fiscal SA 364. Mr. CARPER (for himself, Mr. to lie on the table. BARRASSO, Mr. WHITEHOUSE, Mr. CRAMER, SA 377. Mr. CARDIN submitted an amend- year, and for other purposes; which was Mr. BOOKER, Mr. SULLIVAN, Mr. BLUMENTHAL, ment intended to be proposed by him to the ordered to lie on the table; as follows: Mrs. CAPITO, and Mrs. GILLIBRAND) sub- bill S. 1790, supra; which was ordered to lie At the end of subtitle C of title III, add the mitted an amendment intended to be pro- on the table. following: posed by him to the bill S. 1790, supra; which SA 378. Mr. CARDIN (for himself, Mr. SEC. 333. LIFE CYCLE SUSTAINMENT BUDGET EX- was ordered to lie on the table. YOUNG, and Mr. DURBIN) submitted an HIBIT FOR MAJOR WEAPON SYS- SA 365. Ms. KLOBUCHAR (for herself and amendment intended to be proposed by him TEMS OF THE DEPARTMENT OF DE- Mr. CORNYN) submitted an amendment in- to the bill S. 1790, supra; which was ordered FENSE. tended to be proposed by her to the bill S. to lie on the table. (a) IN GENERAL.—The Secretary of Defense 1790, supra; which was ordered to lie on the SA 379. Mr. PETERS submitted an amend- shall update the Financial Management Reg- table. ment intended to be proposed by him to the ulation of the Department of Defense to en- SA 366. Mrs. FEINSTEIN (for herself and bill S. 1790, supra; which was ordered to lie sure that a PB–60 or similar life cycle Ms. HARRIS) submitted an amendment in- on the table. sustainment budget exhibit is prepared for

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.047 S12JNPT1 S3372 CONGRESSIONAL RECORD — SENATE June 12, 2019 each major weapon system of the Depart- (A) in order to— SEC. 1045. MODERNIZATION OF CERTAIN FORMS ment by the Secretary of the military de- (i) preserve free enterprise; AND SURVEYS. partment concerned. (ii) foster increased competition, which re- (a) STUDY.—The Secretary of Defense shall (b) ELEMENTS OF BUDGET EXHIBITS.—The duces the costs incurred by the Department conduct a study to identify each form and Secretary of Defense shall ensure that each of Defense; and survey of the Department of Defense, in use budget exhibit described in subsection (a)— (iii) maintain and strengthen the overall on the date of the enactment of this Act, (1) identifies a goal for material avail- economy of the United States; and that contains a term or classification that ability, material reliability, and mean down (B) by ensuring that the Federal Govern- the Secretary determines may be considered time metrics for each weapons system and ment— racially or ethnically insensitive. includes an explanation of factors that may (i) awards a fair proportion of the total (b) REPORTS.— preclude the Secretary of the military de- number of contracts and subcontracts for (1) INTERIM REPORTS.—On the date that is partment concerned from meeting that goal; property and services purchased by the Fed- 90 days after the date of the enactment of and eral Government, including contracts and this Act, and on the date that is 180 days (2) reflects the period covered by the fu- subcontracts for maintenance, repair, and after such date of enactment, the Secretary ture-years defense program specified by sec- construction, to small business concerns; shall submit to the Committees on Armed tion 221 of title 10, United States Code, with and Services of the House of Representatives and respect to the budget for which the budget (ii) makes a fair proportion of the total the Senate a report on the status of the exhibit is prepared. sales of property of the Federal Government study conducted under subsection (a). (c) INCLUSION IN BUDGET SUBMITTAL.—The to small business concerns. (2) FINAL REPORT.—Not later than one year Secretary of Defense shall include the budg- after the date of the enactment of this Act, et exhibits required under subsection (a) SA 255. Ms. DUCKWORTH submitted the Secretary shall submit to the Commit- with the budget request submitted by the an amendment intended to be proposed tees on Armed Services of the House of Rep- President to Congress under section 1105(a) by her to the bill S. 1790, to authorize resentatives and the Senate a report on the of title 31, United State Code, for fiscal year appropriations for fiscal year 2020 for results of the study conducted under sub- 2021 and each year thereafter. military activities of the Department section (a) that includes— (A) a list of each form and survey identi- of Defense, for military construction, SA 254. Ms. DUCKWORTH (for herself fied under such study; and and for defense activities of the De- (B) a plan for modernizing the terms and and Ms. HIRONO) submitted an amend- partment of Energy, to prescribe mili- ment intended to be proposed by her to classifications contained in such forms and tary personnel strengths for such fiscal surveys, including legislative recommenda- the bill S. 1790, to authorize appropria- year, and for other purposes; which was tions. tions for fiscal year 2020 for military ordered to lie on the table; as follows: (c) MODERNIZATION REQUIRED.—Not later activities of the Department of De- At the appropriate place, insert the fol- than 18 months after the date of the enact- fense, for military construction, and lowing: ment of this Act, the Secretary shall carry for defense activities of the Depart- SEC. llll. IMMIGRANT VETERANS ELIGIBILITY out the plan included in the report sub- ment of Energy, to prescribe military TRACKING SYSTEM. mitted under subsection (b). personnel strengths for such fiscal (a) IN GENERAL.—On the application by an SA 257. Ms. DUCKWORTH submitted year, and for other purposes; which was alien for an immigration benefit or the an amendment intended to be proposed ordered to lie on the table; as follows: placement of an alien in an immigration en- forcement proceeding, the Secretary of by her to the bill S. 1790, to authorize At the appropriate place in title X, insert Homeland Security shall— appropriations for fiscal year 2020 for the following: (1) determine whether the alien is serving, military activities of the Department ll SEC. 10 . SENSE OF CONGRESS REGARDING or has served, as a member of— of Defense, for military construction, THE RECOMMENDATIONS OF THE (A) a regular or reserve component of the SECTION 809 PANEL RELATING TO Armed Forces on active duty; or and for defense activities of the De- SMALL BUSINESSES. (B) a reserve component of the Armed partment of Energy, to prescribe mili- (a) DEFINITIONS.—In this section— Forces in an active status; and tary personnel strengths for such fiscal (1) the term ‘‘covered recommendations’’ (2) with respect to the immigration and year, and for other purposes; which was means the recommendations made by the naturalization records of the Department of ordered to lie on the table; as follows: section 809 panel to— Homeland Security relating to an alien who (A) eliminate existing mandatory small At the appropriate place in title X, insert is serving, or has served, as a member of the business set-aside requirements for readily the following: Armed Forces described in paragraph (1), an- available products and services, with or SEC. 10ll. MICROLOAN PROGRAM. notate such records— without customization; and Section 7(m) of the Small Business Act (15 (A) to reflect that membership; and (B) prioritize the acquisition of commer- U.S.C. 636(m)) is amended— (B) to afford an opportunity to track the cial products and services described in sub- (1) in paragraph (7)— outcomes for each such alien. (A) by striking ‘‘MICROLOANS.—’’ and all paragraph (A) and non-developmental items (b) CONSIDERATION OF MILITARY SERVICE that follows through ‘‘PARTICIPANTS.— using a price preference instead of using FOR EXPEDITED PROCESSING.—In determining Under’’ and inserting ‘‘MICROLOANS.—Under’’; small business set-aside programs; whether to expedite the processing of an ap- and (2) the term ‘‘section 809 panel’’ means the plication of an individual for an immigration (B) by striking subparagraph (B); and advisory panel established under section 809 benefit under the Immigration and Nation- (2) in paragraph (8)— of the National Defense Authorization Act ality Act (8 U.S.C. 1101 et seq.), including for Fiscal Year 2016 (Public Law 114–92; 129 naturalization, the Secretary of Homeland (A) by striking ‘‘In approving’’ and insert- Stat. 889); and Security shall consider the service of the in- ing the following: (3) the term ‘‘small business concern’’ has dividual as a member of— ‘‘(A) IN GENERAL.—In approving’’; and the meaning given the term in section 3(a) of (1) a regular or reserve component of the (B) by adding at the end the following: the Small Business Act (15 U.S.C. 632(a)). Armed Forces on active duty; or ‘‘(B) ANNUAL REPORT.—The Administrator (b) SENSE OF CONGRESS.—It is the sense of (2) a reserve component of the Armed shall, on an annual basis, submit to the Com- Congress that— Forces in an active status. mittee on Small Business and Entrepreneur- (1) the section 809 panel— (c) PROHIBITION ON USE OF INFORMATION FOR ship of the Senate and the Committee on (A) has made important contributions REMOVAL.—Information gathered under sub- Small Business of the House of Representa- through the recommendations submitted by section (a) may not be used for the purpose tives, and make publicly available on the the panel; and of removing an alien from the United States. website of the Administration, a report on (B) serves an important role in recom- how the Administration has met the require- mending improvements to the defense acqui- SA 256. Ms. DUCKWORTH submitted ments of subparagraph (A).’’. sition process; an amendment intended to be proposed (2) while well-intentioned, the covered rec- by her to the bill S. 1790, to authorize SA 258. Ms. DUCKWORTH submitted ommendations are contrary to the policy set appropriations for fiscal year 2020 for an amendment intended to be proposed forth in section 2(a) of the Small Business military activities of the Department by her to the bill S. 1790, to authorize Act (15 U.S.C. 631(a)), which states that the of Defense, for military construction, appropriations for fiscal year 2020 for security and economic well-being of the and for defense activities of the De- military activities of the Department United States ‘‘cannot be realized unless the partment of Energy, to prescribe mili- of Defense, for military construction, actual and potential capacity of small busi- and for defense activities of the De- ness is encouraged and developed’’; and tary personnel strengths for such fiscal (3) to the maximum extent possible, the year, and for other purposes; which was partment of Energy, to prescribe mili- Federal Government should aid, assist, and ordered to lie on the table; as follows: tary personnel strengths for such fiscal protect the interests of small business con- At the end of subtitle E of title X, add the year, and for other purposes; which was cerns— following: ordered to lie on the table; as follows:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.051 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3373 At the end of subtitle A of title VI, add the ance for such year (whether or not subject to tary personnel strengths for such fiscal following: a notice for such year under paragraph (1)) year, and for other purposes; which was SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-IN- shall submit to the Director such informa- ordered to lie on the table; as follows: COME MEMBERS OF THE ARMED tion as the Director shall require for pur- FORCES AND THEIR FAMILIES. poses of this section in order to determine At the appropriate place in title VIII, in- sert the following: (a) IN GENERAL.—Chapter 7 of title 37, whether or not such member is entitled to United States Code, is amended by inserting receive the allowance for such year. SEC. ll. MUNITIONS SUSTAINMENT PILOT PRO- GRAM. after section 402a the following new section: ‘‘(3) NOTICE OF ENTITLEMENT.—Not later (a) ESTABLISHMENT.—Not later than 90 days ‘‘§ 402b. Basic needs allowance for low-income than February 28 each year, the Director after the date of the enactment of this Act, members shall notify, in writing, each member deter- the Secretary of the Army shall establish a ‘‘(a) ALLOWANCE REQUIRED.—The Secretary mined by the Director to be entitled to re- ceive the allowance for such year. pilot program at the Joint Munitions Com- concerned shall pay to each member of the mand for the sustainment of munitions, fo- armed forces described in subsection (b), ‘‘(e) ELECTION NOT TO RECEIVE ALLOW- ANCE.— cusing on the overall life-cycle management whether with or without dependents, a of a munitions program from Milestone C ap- monthly basic needs allowance in the ‘‘(1) IN GENERAL.—A member otherwise en- titled to receive the allowance described in proval (as that term is defined in section amount determined for such member under 2366(e) of title 10, United States Code) subsection (c). subsection (a) for a year may elect, in writ- ing, not to receive the allowance for such through demilitarization of the munitions. ‘‘(b) MEMBERS ENTITLED TO ALLOWANCE.— (b) SCOPE.—The pilot program established ‘‘(1) IN GENERAL.—A member of the armed year. Any election under this subsection shall be effective only for the year for which under subsection (a) shall— forces is entitled to receive the allowance de- (1) address the Department of Defense rec- scribed in subsection (a) for a year if— made. Any election for a year under this sub- section is irrevocable. ommendations in the interagency report en- ‘‘(A) the gross household income of the titled, ‘‘Assessing and Strengthening the member during the year preceding such year ‘‘(2) DEEMED ELECTION.—A member who does not submit information described in Manufacturing and Defense Industrial Base did not exceed an amount equal to 200 per- and Supply Chain Resiliency of the United cent of the Federal poverty guidelines of the subsection (d)(2) for a year as otherwise re- quired by that subsection shall be deemed to States’’ related to diversifying sources of Department of Health and Human Services supply and modernizing the organic indus- for the location and number of persons in the have elected not to receive the allowance for such year. trial base; member’s household for such year; and (2) demonstrate any cost savings and oper- ‘‘(B) the member does not elect under sub- ‘‘(f) REGULATIONS.—The Secretary of De- fense shall prescribe regulations for the ad- ational efficiencies that could be gained by section (e) not to receive the allowance for centralizing the sustainment of munitions; such year. ministration of this section. Such regula- tions shall specify the income to be included and ‘‘(2) EXCLUSION OF BAH FROM GROSS HOUSE- in, and excluded from, the gross household (3) begin developing an automated process HOLD INCOME.—In determining the gross income of members for purposes of this sec- that will help determine the critical levels of household income of a member for a year for requirements for munitions and the required purposes of paragraph (1)(A) there shall be tion.’’. (b) CLERICAL AMENDMENT.—The table of sources necessary to fulfill them. excluded any basic allowance for housing sections at the beginning of chapter 7 of such (BAH) received by the member (and any de- title is amended by inserting after the item SA 261. Ms. DUCKWORTH submitted pendents of the member in the member’s relating to section 402a the following new an amendment intended to be proposed household) during such year under section item: by her to the bill S. 1790, to authorize 403 of this title. ‘‘(3) HOUSEHOLD WITH MORE THAN ONE ELIGI- ‘‘402b. Basic needs allowance for low-income appropriations for fiscal year 2020 for BLE MEMBER.—In the event a household con- members.’’. military activities of the Department tains two or more members entitled to re- of Defense, for military construction, ceive the allowance under subsection (a) for SA 259. Ms. DUCKWORTH submitted and for defense activities of the De- a year, only one allowance shall be paid an amendment intended to be proposed partment of Energy, to prescribe mili- under that subsection for such year to such by her to the bill S. 1790, to authorize tary personnel strengths for such fiscal member among such members as such mem- appropriations for fiscal year 2020 for year, and for other purposes; which was bers shall jointly elect. military activities of the Department ordered to lie on the table; as follows: ‘‘(c) AMOUNT OF ALLOWANCE; MONTHS CON- of Defense, for military construction, At the end of part I of subtitle F of title V, STITUTING YEAR OF PAYMENT.— and for defense activities of the De- ‘‘(1) AMOUNT.—The amount of the monthly add the following: allowance payable to a member under sub- partment of Energy, to prescribe mili- SEC. 574. EXPANSION OF THE DEFENSE DEPEND- section (a) for a year shall be— tary personnel strengths for such fiscal ENTS’ EDUCATION SYSTEM. ‘‘(A) the aggregate amount equal to— year, and for other purposes; which was (a) DEFENSE DEPENDENTS’ EDUCATION SYS- ‘‘(i) 200 percent of the Federal poverty ordered to lie on the table; as follows: TEM.—Paragraph (4) of section 1414(4) of the guidelines of the Department of Health and At the appropriate place in title VIII, in- Defense Dependents’ Education Act of 1978 Human Services for the location and number sert the following: (20 U.S.C. 932) is amended to read as follows: ‘‘(4) The term ‘United States’, when used in of persons in the member’s household for SEC. ll. DOCUMENTATION OF MARKET RE- such year; minus SEARCH RELATED TO COMMERCIAL a geographic sense, means the several States ‘‘(ii) the gross household income of the ITEM DETERMINATIONS. and the District of Columbia.’’. (b) TEACHER PAY AND PRACTICES.—Para- member during the preceding year; divided (a) IN GENERAL.—Section 2377(c) of title 10, by United States Code, is amended— graph (4) of section 2 of the Defense Depart- ‘‘(B) 12. (1) by redesignating paragraph (4) as para- ment Overseas Teachers Pay and Personnel ‘‘(2) MONTHS CONSTITUTING YEAR OF PAY- graph (5); and Practices Act (20 U.S.C. 901) is amended to MENT.—The monthly allowance payable to a (2) by inserting after paragraph (3) the fol- read as follows: member for a year shall be payable for each lowing new paragraph: ‘‘(4) The term ‘United States’, when used in of the 12 months following March of such ‘‘(4) The head of an agency shall document a geographic sense, means the several States year. the results of market research in a manner and the District of Columbia.’’. ‘‘(d) NOTICE OF ELIGIBILITY.— appropriate to the size and complexity of the (c) EFFECTIVE DATE.—The amendments ‘‘(1) PRELIMINARY NOTICE OF ELIGIBILITY.— acquisition.’’. made by this section shall take effect on the date of the enactment of this Act, and shall Not later than December 31 each year, the (b) CONFORMING AMENDMENT RELATED TO apply to academic years of the defense de- Director of the Defense Finance and Ac- PROSPECTIVE AMENDMENT.—Section counting Service shall notify, in writing, 836(d)(3)(C)(ii) of the John S. McCain Na- pendents’ education system that begin on or each member of the armed forces whose ag- tional Defense Authorization Act for Fiscal after that date. gregate amount of basic pay and compensa- Year 2019 (Public Law 115–232) is amended by tion for service in the armed forces during striking ‘‘in paragraph (4)’’ and inserting ‘‘in SA 262. Mr. SCHATZ (for himself, Mr. such year is estimated to not exceed the paragraph (5)’’. GARDNER, Mr. SULLIVAN, and Ms. HAR- amount equal to 200 percent of the Federal RIS) submitted an amendment intended poverty guidelines of the Department of SA 260. Ms. DUCKWORTH submitted to be proposed by him to the bill S. Health and Human Services for the location an amendment intended to be proposed 1790, to authorize appropriations for and number of persons in the member’s by her to the bill S. 1790, to authorize fiscal year 2020 for military activities household for such year of the member’s po- appropriations for fiscal year 2020 for of the Department of Defense, for mili- tential entitlement to the allowance de- scribed in subsection for the following year. military activities of the Department tary construction, and for defense ac- ‘‘(2) INFORMATION TO DETERMINE ENTITLE- of Defense, for military construction, tivities of the Department of Energy, MENT.—Not later than January 31 each year, and for defense activities of the De- to prescribe military personnel each member seeking to receive the allow- partment of Energy, to prescribe mili- strengths for such fiscal year, and for

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.055 S12JNPT1 S3374 CONGRESSIONAL RECORD — SENATE June 12, 2019 other purposes; which was ordered to means of communication regarding an alert (d) REVIEW AND UPDATE OF MEMORANDA OF lie on the table; as follows: that has been distributed to the public; and UNDERSTANDING.— At the appropriate place, insert the fol- (H) any other procedure the Administrator (1) IN GENERAL.—The Administrator shall lowing: considers appropriate for maintaining the in- review the memoranda of understanding be- tegrity of and providing for public con- tween the Agency and State, Tribal, and ll SEC. . INTEGRATED PUBLIC ALERT AND fidence in the public alert and warning sys- WARNING SYSTEM. local governments with respect to the public tem. (a) DEFINITIONS.—In this section— alert and warning system to ensure that all (1) the term ‘‘Administrator’’ means the (2) COORDINATION WITH NATIONAL ADVISORY agreements ensure compliance with the re- COUNCIL REPORT.—The Administrator shall Administrator of the Agency; quirements developed by the Administrator ensure that the minimum requirements de- (2) the term ‘‘Agency’’ means the Federal under subsection (b)(1). veloped under paragraph (1) do not conflict Emergency Management Agency; (e) FUTURE MEMORANDA.—The Adminis- with recommendations made for improving (3) the term ‘‘public alert and warning sys- trator shall ensure that any new memo- the public alert and warning system provided tem’’ means the integrated public alert and randum of understanding entered into be- in the report submitted by the National Ad- warning system of the United States de- tween the Agency and a State, Tribal, or visory Council under section 2(b)(7)(B) of the scribed in section 526 of the Homeland Secu- local government on or after the date of en- Integrated Public Alert and Warning System rity Act of 2002 (6 U.S.C. 321o); actment of this Act with respect to the pub- Modernization Act of 2015 (Public Law 114– (4) the term ‘‘Secretary’’ means the Sec- lic alert and warning system ensures that 143; 130 Stat. 332). retary of Homeland Security; and the agreement requires compliance with the (3) PUBLIC CONSULTATION.—In developing (5) the term ‘‘State’’ means any State of requirements developed by the Adminis- the minimum requirements under paragraph trator under subsection (b)(1). the United States, the District of Columbia, (1), the Administrator shall ensure appro- (f) MISSILE ALERT AND WARNING AUTHORI- the Commonwealth of Puerto Rico, the Vir- priate public consultation and, to the extent TIES.— gin Islands, Guam, American Samoa, the practicable, coordinate the development of (1) IN GENERAL.— Commonwealth of the Northern Mariana Is- the requirements with stakeholders of the (A) AUTHORITY.—On and after the date that lands, and any possession of the United public alert and warning system, including— is 120 days after the date of enactment of States. (A) appropriate personnel from Federal (b) INTEGRATED PUBLIC ALERT AND WARN- agencies, including the National Institute of this Act, the authority to originate an alert ING SYSTEM.— Standards and Technology, the Agency, and warning the public of a missile launch di- (1) IN GENERAL.—Not later than 1 year after the Federal Communications Commission; rected against a State using the public alert the date of enactment of this Act, the Ad- (B) representatives of State and local gov- and warning system shall reside primarily ministrator shall develop minimum require- ernments and emergency services personnel, with the Federal Government. ments for State, Tribal, and local govern- who shall be selected from among individ- (B) DELEGATION OF AUTHORITY.—The Sec- ments to participate in the public alert and uals nominated by national organizations retary may delegate the authority described warning system and that are necessary to representing those governments and per- in subparagraph (A) to a State, Tribal, or maintain the integrity of the public alert sonnel; local entity if, not later than 180 days after and warning system, including— (C) representatives of Federally recognized the date of enactment of this Act, the Sec- (A) guidance on the categories of public Indian tribes and national Indian organiza- retary submits a report to the Committee on emergencies and appropriate circumstances tions; Homeland Security and Governmental Af- that warrant an alert and warning from (D) communications service providers; fairs of the Senate and the Committee on State, Tribal, and local governments using (E) vendors, developers, and manufacturers Homeland Security of the House of Rep- the public alert and warning system; of systems, facilities, equipment, and capa- resentatives that— (B) the procedures for State, Tribal, and bilities for the provision of communications (i) it is not feasible for the Federal Govern- local government officials to authenticate services; ment to alert the public of a missile threat civil emergencies and initiate, modify, and (F) third-party service bureaus; against a State; or cancel alerts transmitted through the public (G) the national organization representing (ii) it is not in the national security inter- alert and warning system, including proto- the licensees and permittees of noncommer- est of the United States for the Federal Gov- cols and technology capabilities for— cial broadcast television stations; ernment to alert the public of a missile (i) the initiation, or prohibition on the ini- (H) technical experts from the broad- threat against a State. tiation, of alerts by a single authorized or casting industry; (C) ACTIVATION OF SYSTEM.—Upon unauthorized individual; (I) educators from the Emergency Manage- verification of a missile threat, the Presi- (ii) testing a State, Tribal, or local govern- ment Institute; and dent, utilizing established authorities, proto- ment incident management and warning tool (J) other individuals with technical exper- cols and procedures, may activate the public without accidentally initiating an alert tise as the Administrator determines appro- alert and warning system. through the public alert and warning sys- priate. (D) RULE OF CONSTRUCTION.—Nothing in tem; and (4) INAPPLICABILITY OF FACA.—The Federal this paragraph shall be construed to change (iii) steps a State, Tribal, or local govern- Advisory Committee Act (5 U.S.C. App.) the command and control relationship be- ment official should take to mitigate the shall not apply to the public consultation tween entities of the Federal Government possibility of the issuance of a false alert with stakeholders under paragraph (3). with respect to the identification, dissemina- through the public alert and warning sys- (c) INCIDENT MANAGEMENT AND WARNING tion, notification, or alerting of information tem; TOOL VALIDATION.— of missile threats against the United States (C) the standardization, functionality, and (1) IN GENERAL.—The Administrator shall that was in effect on the day before the date interoperability of incident management and establish a process to ensure that an inci- of enactment of this Act. warning tools used by State, Tribal, and dent management and warning tool used by (2) REQUIRED PROCESSES.—The Secretary, local governments to notify the public of an a State, Tribal, or local government to origi- acting through the Administrator, shall es- emergency through the public alert and nate and transmit an alert through the pub- tablish a process to promptly notify a State warning system; lic alert and warning system meets the re- warning point, and any State entities that (D) the annual training and recertification quirements developed by the Administrator the Administrator determines appropriate, of emergency management personnel on re- under subsection (b)(1). following the issuance of an alert described quirements for originating and transmitting (2) REQUIREMENTS.—The process required in paragraph (1)(A) so the State may take an alert through the public alert and warn- to be established under paragraph (1) shall appropriate action to protect the health, ing system; include— safety, and welfare of the residents of the (E) the procedures, protocols, and guidance (A) the ability to test an incident manage- State. concerning the protective action plans that ment and warning tool in the public alert (3) GUIDANCE.—The Secretary, acting State, Tribal, and local governments shall and warning system lab; through the Administrator, shall work with issue to the public following an alert issued (B) the ability to certify that an incident the Governor of a State warning point to de- under the public alert and warning system; management and warning tool complies with velop and implement appropriate protective (F) the procedures, protocols, and guidance the applicable cyber frameworks of the De- action plans to respond to an alert described concerning the communications that State, partment of Homeland Security and the Na- in paragraph (1)(A) for that State. Tribal, and local governments shall issue to tional Institute of Standards and Tech- (4) STUDY AND REPORT.—Not later than 1 the public following a false alert issued nology; year after the date of enactment of this Act, under the public alert and warning system; (C) a process to certify developers of emer- the Secretary shall— (G) a plan by which State, Tribal, and local gency management software; and (A) examine the feasibility of establishing government officials may, during an emer- (D) requiring developers to provide the Ad- an alert designation under the public alert gency, contact each other as well as Federal ministrator with a copy of and rights of use and warning system that would be used to officials and participants in the Emergency for ongoing testing of each version of inci- alert and warn the public of a missile threat Alert System and the Wireless Emergency dent management and warning tool software while concurrently alerting a State warning Alert System, when appropriate and nec- before the software is first used by a State, point so that a State may activate related essary, by telephone, text message, or other Tribal, or local government. protective action plans; and

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.056 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3375 (B) submit a report of the findings under SEC. llll. INITIATIVE TO IMPROVE THE CA- successful outcomes of the Human Exploi- subparagraph (A), including of the costs and PACITY OF MILITARY CRIMINAL IN- tation Rescue Operative (HERO) Child Res- timeline for taking action to implement an VESTIGATIVE ORGANIZATIONS TO cue Corps, as established by section 890A of alert designation described in subparagraph PREVENT CHILD SEXUAL EXPLOI- the Homeland Security Act of 2002 (6 U.S.C. TATION. (A), to— 473), within military criminal investigative (a) IN GENERAL.—Not later than 180 days (i) the Subcommittee on Homeland Secu- after the date of the enactment of this Act, organizations and other Department compo- rity of the Committee on Appropriations of the Secretary of Defense shall establish an nents to combat child sexual exploitation. the Senate; initiative on improving the capacity of mili- (c) LOCATIONS.— (ii) the Committee on Homeland Security tary criminal investigative organizations to (1) IN GENERAL.—The Secretary shall carry and Governmental Affairs of the Senate; prevent child sexual exploitation. Under the out the initiative— (iii) the Subcommittee on Homeland Secu- initiative, the Secretary shall work with an (A) in at least two States where there is a rity of the Committee on Appropriations of external partner to train military criminal high density of Department network users in the House of Representatives; and investigative organization officials at De- comparison to the overall population of the (iv) the Committee on Homeland Security partment of Defense installations from all States; of the House of Representatives. military departments regarding— (B) in at least two States where there is a (g) USE OF INTEGRATED PUBLIC ALERT AND high population of Department network WARNING SYSTEM LAB.—Not later than 1 year (1) online investigative technology, tools, and techniques; users; after the date of enactment of this Act, the (C) in at least two States where there is a Administrator shall— (2) computer forensics; large percentage of Indian children, includ- (1) develop a program to increase the utili- (3) complex evidentiary issues; ing children who are Alaska Native or Native zation of the public alert and warning sys- (4) child victim identification; Hawaiian; tem lab of the Agency by State, Tribal, and (5) child victim referral for comprehensive (D) in at least one State with a population local governments to test incident manage- investigation and treatment services; and with fewer than 2,000,000 people; ment and warning tools and train emergency (6) related instruction. (E) in at least one State with a population management professionals on alert origina- (b) PARTNERSHIPS AND AGREEMENTS.— with fewer than 5,000,000 people, but not tion protocols and procedures; and Under the initiative, the Secretary shall de- fewer than 2,000,000 people; (2) submit to the Committee on Homeland velop partnerships and establish collabo- Security and Governmental Affairs of the rative agreements with the following: (F) in at least one State with a population Senate and the Committee on Homeland Se- (1) The Department of Justice, Office of the with fewer than 10,000,000 people, but not curity of the House of Representatives a re- Attorney General, in better coordinating the fewer than 5,000,000; and port describing— investigative jurisdictions and law enforce- (G) in at least one State with a population (A) the impact on utilization of the public ment authorities of the military criminal in- with 10,000,000 or more people. alert and warning system lab by State, Trib- vestigative organizations, and in improving (2) GEOGRAPHIC DISTRIBUTION.—The Sec- al, and local governments resulting from the the justice community’s understanding of retary shall ensure that the locations at program developed under paragraph (1); and those law enforcement authorities to enforce which the initiative is carried out are dis- (B) any further recommendations that the Federal criminal statutes. tributed across different regions. Administrator would make for additional (2) Federal criminal investigative organi- (d) ADDITIONAL REQUIREMENTS.—In car- statutory or appropriations authority nec- zations responsible for enforcement of Fed- rying out the initiative, the Secretary essary to increase the utilization of the pub- eral criminal statutes related to combatting shall— lic alert and warning system lab by State, child sexual exploitation, in order to ensure (1) participate in multi-jurisdictional task Tribal, and local governments. a streamlined process for transferring crimi- forces; (h) AWARENESS OF ALERTS AND WARNINGS.— nal investigations into child exploitation to (2) establish cooperative agreements to fa- Not later than 1 year after the date of enact- other jurisdictions, while maintaining the cilitate co-training and collaboration with ment of this Act, the Administrator shall— integrity of the evidence already collected. Federal, State, and local law enforcement; (1) conduct a review of the National Watch (3) A highly qualified national child pro- and Center and each Regional Watch Center of tection organization or law enforcement (3) develop a streamlined process to refer the Agency; and training center with demonstrated expertise child sexual abuse cases to other jurisdic- (2) submit to the Committee on Homeland in the delivery of law enforcement training— tions. Security and Governmental Affairs of the (A) to detect, identify, investigate, and Senate and the Committee on Homeland Se- prosecute individuals engaged in the trading SA 264. Mrs. SHAHEEN (for herself curity of the House of Representatives a re- or production of child pornography and the and Mr. ROUNDS) submitted an amend- port on the review conducted under para- online solicitation of children; and ment intended to be proposed by her to (B) to train military criminal investigative graph (1), which shall include— the bill S. 1790, to authorize appropria- (A) an assessment of the technical capa- organization officials at Department of De- bility of the National and Regional Watch fense installations from all military depart- tions for fiscal year 2020 for military Centers described in paragraph (1) to be noti- ments. activities of the Department of De- fied of alerts and warnings issued by a State (4) A highly qualified national child pro- fense, for military construction, and through the public alert and warning sys- tection organization with demonstrated ex- for defense activities of the Depart- tem; pertise in the development and delivery of ment of Energy, to prescribe military (B) a determination of which State alerts multidisciplinary intervention training in- personnel strengths for such fiscal and warnings the National and Regional cluding evidence-based forensic interviewing, year, and for other purposes; which was victim advocacy, trauma-informed mental Watch Centers described in paragraph (1) ordered to lie on the table; as follows: should be aware of; and health services, medical services, and multi- (C) recommendations for improving the disciplinary coordination between the De- At the appropriate place in title VII, insert ability of the National and Regional Watch partment of Defense and civilian experts to the following: Centers described in paragraph (1) to receive improve outcomes for victims of child sexual SEC. ll. REGISTRY OF INDIVIDUALS EXPOSED any State alerts and warnings that the Ad- exploitation. TO PERFLUOROALKYL AND ministrator determines are appropriate. (5) Children’s Advocacy Centers located in POLYFLUOROALKYL SUBSTANCES (i) TIMELINE FOR COMPLIANCE.—Each State the same communities as military installa- ON MILITARY INSTALLATIONS. shall be given a reasonable amount of time tions that coordinate the multidisciplinary (a) ESTABLISHMENT OF REGISTRY.— to comply with any new rules, regulations, team response and child-friendly approach to (1) IN GENERAL.—Not later than one year or requirements imposed under this section. identifying, investigating, prosecuting, and after the date of the enactment of this Act, intervening in child sexual exploitation the Secretary of Veterans Affairs shall— SA 263. Mr. SCHATZ (for himself and cases that can partner with military instal- (A) establish and maintain a registry for Ms. MURKOWSKI) submitted an amend- lations on law enforcement, child protection, eligible individuals who may have been ex- ment intended to be proposed by him prosecution, mental health, medical, and posed to perfluoroalkyl and polyfluoroalkyl to the bill S. 1790, to authorize appro- victim advocacy to investigate sexual exploi- substances (in this section referred to as priations for fiscal year 2020 for mili- tation, help children heal from sexual exploi- ‘‘PFAS’’) due to the environmental release of tary activities of the Department of tation, and hold offenders accountable. aqueous film-forming foam (in this section Defense, for military construction, and (6) State and local authorities to address referred to as ‘‘AFFF’’) on military installa- for defense activities of the Depart- law enforcement capacity in communities tions to meet the requirements of military where military installations are located, and specification MIL-F-24385F; ment of Energy, to prescribe military to prevent lapses in jurisdiction that would (B) include any information in such reg- personnel strengths for such fiscal undercut the Department’s efforts to prevent istry that the Secretary of Veterans Affairs year, and for other purposes; which was child sexual exploitation. determines necessary to ascertain and mon- ordered to lie on the table; as follows: (7) The National Association to Protect itor the health effects of the exposure of At the appropriate place in title X, insert Children and the United States Special Oper- members of the Armed Forces to PFAS asso- the following: ations Command Care Coalition to replicate ciated with AFFF;

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.056 S12JNPT1 S3376 CONGRESSIONAL RECORD — SENATE June 12, 2019 (C) develop a public information campaign SEC. lll. ENHANCED SMALL BUSINESS ACCESS SEC. lll. PERMANENT SBIR AND STTR AU- to inform eligible individuals about the reg- TO FEDERAL INNOVATION INVEST- THORITY FOR THE DEPARTMENT OF istry, including how to register and the bene- MENTS. DEFENSE. fits of registering; and (a) SBIR.—Section 9(f) of the Small Busi- Section 9 of the Small Business Act (15 (D) periodically notify eligible individuals ness Act (15 U.S.C. 638(f)) is amended— U.S.C. 638) is amended— of significant developments in the study and (1) in the matter preceding subparagraph (1) in subsection (m), by inserting ‘‘, except treatment of conditions associated with ex- (A), by striking ‘‘expend’’ and inserting ‘‘ob- with respect to the Department of Defense’’ posure to PFAS. ligate for expenditure’’; after ‘‘September 30, 2022’’; and (2) COORDINATION.—The Secretary of Vet- (2) in subparagraph (H), by striking ‘‘and’’ (2) in subsection (n)(1)(A)— erans Affairs shall coordinate with the Sec- at the end; (A) by inserting ‘‘(or, with respect to the retary of Defense in carrying out paragraph (3) in subparagraph (I), by striking ‘‘and Department of Defense, any fiscal year)’’ (1). each fiscal year thereafter,’’ and inserting ‘‘; after ‘‘2022’’; and (B) by inserting ‘‘(or, with respect to the (b) REPORTS.— and’’; and Department of Defense, for any fiscal year)’’ (1) INITIAL REPORT.—Not later than two (4) by inserting after subparagraph (I) the after ‘‘for that fiscal year’’. years after the date on which the registry following: under subsection (a) is established, the Sec- ‘‘(J) for the Department of Defense— retary of Veterans Affairs shall submit to ‘‘(i) not less than 3.5 percent of the budget SA 267. Mrs. SHAHEEN submitted an Congress an initial report containing the fol- for research, development, test, and evalua- amendment intended to be proposed by lowing: tion of the Department of Defense in each of her to the bill S. 1790, to authorize ap- (A) An assessment of the effectiveness of fiscal years 2020 and 2021; propriations for fiscal year 2020 for actions taken by the Secretary of Veterans ‘‘(ii) not less than 4 percent of such budget military activities of the Department Affairs and the Secretary of Defense to col- in each of fiscal years 2022 and 2023; of Defense, for military construction, lect and maintain information on the health ‘‘(iii) not less than 4.5 percent of such and for defense activities of the De- budget in each of fiscal years 2024 and 2025; effects of exposure to PFAS. partment of Energy, to prescribe mili- (B) Recommendations to improve the col- and lection and maintenance of such informa- ‘‘(iv) not less than 5 percent of such budget tary personnel strengths for such fiscal tion. in each of fiscal years 2026 and 2027,’’. year, and for other purposes; which was (C) Using established and previously pub- (b) STTR.—Section 9(n)(1) of the Small ordered to lie on the table; as follows: lished epidemiological studies, recommenda- Business Act (15 U.S.C. 638(n)(1)) is amend- At the appropriate place in title XII, insert tions regarding the most effective and pru- ed— the following: dent means of addressing the medical needs (1) in subparagraph (A)— SEC. 12ll. EFFORTS TO ENSURE MEANINGFUL of eligible individuals with respect to expo- (A) by striking ‘‘expend’’ and inserting PARTICIPATION OF AFGHAN WOMEN sure to PFAS. ‘‘obligate for expenditure’’; and IN PEACE NEGOTIATIONS IN AF- (2) FOLLOW-UP REPORT.—Not later than five (B) by striking ‘‘not less than the percent- GHANISTAN. years after submitting the initial report age of that extramural budget specified in (a) IN GENERAL.—The Secretary of State, under paragraph (1), the Secretary of Vet- subparagraph (B)’’ and inserting ‘‘for a Fed- in coordination with the Secretary of De- erans Affairs shall submit to Congress a fol- eral agency other than the Department of fense, shall carry out activities to ensure the low-up report containing the following: Defense, not less than the percentage of that meaningful participation of Afghan women (A) An update to the initial report sub- extramural budget specified in subparagraph in the ongoing peace process in Afghanistan mitted under paragraph (1). (B) and, for the Department of Defense, not in a manner consistent with the Women, (B) An assessment of whether and to what less than the percentage of the budget for re- Peace, and Security Act of 2017 (22 U.S.C. degree the content of the registry estab- search, development, test, and evaluation of 2151 note; Public Law 115–68), which shall in- lished under subsection (a) is current and the Department of Defense specified in sub- clude— scientifically up-to-date. paragraph (B)’’; and (1) United States Government advocacy for (3) INDEPENDENT SCIENTIFIC ORGANIZA- (2) in subparagraph (B)— the inclusion of Afghan women leaders in on- TION.—The Secretary of Veterans Affairs (A) in the matter preceding clause (i), by going and future negotiations to end the con- shall enter into an agreement with an inde- striking ‘‘the extramural budget required to flict in Afghanistan; and pendent scientific organization to prepare be expended by an agency’’ and inserting (2) efforts to ensure that any agreement the reports under paragraphs (1) and (2). ‘‘the extramural budget, for a Federal agen- reached with the Taliban preserves constitu- (c) RECOMMENDATIONS FOR ADDITIONAL EX- cy other than the Department of Defense, tional protections on women’s and girls’ POSURES TO BE INCLUDED.—Not later than and of the budget for research, development, human rights and ensures their freedom of five years after the date of the enactment of test, and evaluation, for the Department of movement, rights to education and work, po- this Act, and every five years thereafter, the Defense, required to be obligated for expendi- litical participation, and access to Secretary of Veterans Affairs, in consulta- ture with small business concerns’’; healthcare and justice. tion with the Secretary of Defense and the (B) in clause (iv), by striking ‘‘and’’ at the (b) REPORT.—Not later than 180 days after Administrator of the Environmental Protec- end; the date of the enactment of this Act, the tion Agency, shall submit to Congress rec- (C) in clause (v), by striking ‘‘fiscal year Secretary of State, in coordination with the ommendations for additional chemicals with 2016 and each fiscal year thereafter.’’ and in- Secretary of Defense, shall submit to the ap- respect to which individuals exposed to such serting ‘‘each of fiscal years 2016, 2017, 2018, propriate committees of Congress a report chemicals should be included in the registry and 2019;’’; and describing the steps taken to fulfill the du- established under subsection (a). (D) by adding at the end the following: ties of the Secretary of State and the Sec- (d) ELIGIBLE INDIVIDUAL DEFINED.—In this ‘‘(vi) 0.55 percent for each of fiscal years retary of Defense under subsection (a). section, the term ‘‘eligible individual’’ 2020 and 2021; (c) APPROPRIATE COMMITTEES OF CONGRESS means any individual who, on or after a date ‘‘(vii) 0.65 percent for each of fiscal years DEFINED.—In this section, the term ‘‘appro- specified by the Secretary of Veterans Af- 2022 and 2023; priate committees of Congress’’ means— fairs through regulations, served or is serv- ‘‘(viii) 0.75 percent for each of fiscal years (1) the Committee on Armed Services and ing in the Armed Forces at a military instal- 2024 and 2025; and the Committee on Foreign Relations of the lation where AFFF was used or at another ‘‘(ix) 1 percent for fiscal year 2026 and each Senate; and location of the Department of Defense where fiscal year thereafter.’’. (2) the Committee on Armed Services and AFFF was used. the Committee on Foreign Affairs of the House of Representatives. SA 266. Mrs. SHAHEEN submitted an SA 265. Mrs. SHAHEEN submitted an amendment intended to be proposed by SA 268. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize ap- amendment intended to be proposed by her to the bill S. 1790, to authorize ap- propriations for fiscal year 2020 for her to the bill S. 1790, to authorize ap- propriations for fiscal year 2020 for military activities of the Department propriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, military activities of the Department of Defense, for military construction, and for defense activities of the De- of Defense, for military construction, and for defense activities of the De- and for defense activities of the De- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal tary personnel strengths for such fiscal tary personnel strengths for such fiscal year, and for other purposes; which was year, and for other purposes; which was year, and for other purposes; which was ordered to lie on the table; as follows: ordered to lie on the table; as follows: ordered to lie on the table; as follows: At the appropriate place in title VIII, in- At the appropriate place in title VIII, in- At the end of subtitle C of title VII, add sert the following: sert the following: the following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.057 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3377 SEC. 729. SENSE OF CONGRESS ON HEALTH CON- concerned’’ and inserting ‘‘The Secretary instruction required of members of the re- CERNS RELATING TO EXPOSURE TO concerned’’; and serve components of the Armed Forces, in- KNOWN CHEMICAL CARCINOGENS. (2) in paragraph (2)— cluding drill and instruction required of It is the sense of Congress that the Sec- (A) by striking ‘‘DEPENDENT CHILDREN.—’’ members of the National Guard under sec- retary of the Air Force, as part of ongoing and all that follows through ‘‘In the case of tion 502(a)(1) of title 32, United States Code. efforts to address the cancer and other a member described in paragraph (1),’’ and health concerns raised by members of the inserting ‘‘DEPENDENT CHILDREN ANNUITY SA 271. Mr. TESTER (for himself and Air Force and former members of the Air WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the Mr. MORAN) submitted an amendment Force who reported being exposed to known case of a member described in paragraph intended to be proposed by him to the chemical carcinogens while serving at a (1)’’; and bill S. 1790, to authorize appropriations military installation, should work with Fed- (B) by striking subparagraph (B). eral and State environmental and health for fiscal year 2020 for military activi- (e) RESTORATION OF ELIGIBILITY FOR PRE- ties of the Department of Defense, for agencies to identify whether higher than ex- VIOUSLY ELIGIBLE SPOUSES.—The Secretary pected rates of morbidity and mortality are of the military department concerned shall military construction, and for defense determined for those members and former restore annuity eligibility to any eligible activities of the Department of Energy, members. surviving spouse who, in consultation with to prescribe military personnel strengths for such fiscal year, and for Mr. JONES (for himself, Ms. the Secretary, previously elected to transfer SA 269. payment of such annuity to a surviving child other purposes; which was ordered to COLLINS, Mr. CRAPO, Mr. TESTER, and or children under the provisions of section lie on the table; as follows: Mr. RISCH) submitted an amendment 1448(d)(2)(B) of title 10, United States Code, At the appropriate place in title VII, insert intended to be proposed by him to the as in effect on the day before the effective the following: date provided under subsection (f). Such eli- bill S. 1790, to authorize appropriations Subtitle ll—Mental Health Care From De- gibility shall be restored whether or not pay- for fiscal year 2020 for military activi- partment of Defense and Department of ment to such child or children subsequently ties of the Department of Defense, for Veterans Affairs military construction, and for defense was terminated due to loss of dependent sta- tus or death. For the purposes of this sub- SEC. lll. ESTABLISHMENT BY DEPARTMENT activities of the Department of Energy, section, an eligible spouse includes a spouse OF VETERANS AFFAIRS AND DE- to prescribe military personnel PARTMENT OF DEFENSE OF CLIN- who was previously eligible for payment of ICAL PRACTICE GUIDELINES FOR strengths for such fiscal year, and for such annuity and is not remarried, or remar- COMORBID MENTAL HEALTH CONDI- other purposes; which was ordered to ried after having attained age 55, or whose TIONS. lie on the table; as follows: second or subsequent marriage has been ter- (a) IN GENERAL.—Not later than two years At the end of subtitle D of title VI, add the minated by death, divorce or annulment. after the date of the enactment of this Act, following: (f) EFFECTIVE DATE.—This section and the the Secretary of Veterans Affairs, in con- amendments made by this section shall take SEC. 633. REPEAL OF REQUIREMENT OF REDUC- sultation with the Secretary of Defense and TION OF SURVIVOR BENEFIT PLAN effect on the later of— the Secretary of Health and Human Services, SURVIVOR ANNUITIES BY DEPEND- (1) the first day of the first month that be- shall complete the development of clinical ENCY AND INDEMNITY COMPENSA- gins after the date of the enactment of this practice guidelines for the treatment of post- TION. Act; or traumatic stress disorder, military sexual (a) REPEAL.— (2) the first day of the fiscal year that be- trauma, and traumatic brain injury that is (1) IN GENERAL.—Subchapter II of chapter gins in the calendar year in which this Act is comorbid with substance use disorder or 73 of title 10, United States Code, is amended enacted. chronic pain. as follows: (b) WORK GROUP.— (A) In section 1450, by striking subsection SA 270. Mr. TESTER (for himself and (1) ESTABLISHMENT.—In carrying out sub- (c). Mr. MORAN) submitted an amendment section (a), the Secretary of Veterans Af- (B) In section 1451(c)— intended to be proposed by him to the fairs, the Secretary of Defense, and the Sec- (i) by striking paragraph (2); and bill S. 1790, to authorize appropriations retary of Health and Human Services shall create a Trauma and Comorbid Substance (ii) by redesignating paragraphs (3) and (4) for fiscal year 2020 for military activi- as paragraphs (2) and (3), respectively. Use Disorder or Chronic Pain Work Group (in ties of the Department of Defense, for (2) CONFORMING AMENDMENTS.—Such sub- this section referred to as the ‘‘Work chapter is further amended as follows: military construction, and for defense Group’’). (A) In section 1450— activities of the Department of Energy, (2) MEMBERSHIP.—The Work Group shall be (i) by striking subsection (e); to prescribe military personnel comprised of individuals that represent Fed- (ii) by striking subsection (k); and strengths for such fiscal year, and for eral Government entities and non-Federal (iii) by striking subsection (m). other purposes; which was ordered to Government entities with expertise in the (B) In section 1451(g)(1), by striking sub- lie on the table; as follows: areas covered by the Work Group, including paragraph (C). the following: At the end of subtitle A of title VII, add (C) In section 1452— (A) Academic institutions that specialize the following: (i) in subsection (f)(2), by striking ‘‘does in research for the treatment of conditions llll not apply—’’ and all that follows and insert- SEC. . READJUSTMENT COUNSELING AND described in subsection (a). RELATED SERVICES FROM THE DE- ing ‘‘does not apply in the case of a deduc- PARTMENT OF VETERANS AFFAIRS (B) The National Center for Posttraumatic tion made through administrative error.’’; FOR MEMBERS OF THE RESERVE Stress Disorder of the Department of Vet- and COMPONENTS OF THE ARMED erans Affairs. (ii) by striking subsection (g). FORCES DURING WEEKEND DRILL. (C) The Office of the Assistant Secretary (D) In section 1455(c), by striking ‘‘, (a) IN GENERAL.—The Secretary of Vet- for Mental Health and Substance Use of the 1450(k)(2),’’. erans Affairs shall, through the Readjust- Department of Health and Human Services. (b) PROHIBITION ON RETROACTIVE BENE- ment Counseling Service of the Department (3) RELATION TO OTHER WORK GROUPS.—The FITS.—No benefits may be paid to any person of Veterans Affairs, provide readjustment Work Group shall be created and conducted for any period before the effective date pro- counseling and related services at Vet Cen- in the same manner as other work groups for vided under subsection (f) by reason of the ters (including mobile Vet Centers) and the development of clinical practice guide- amendments made by subsection (a). through the use of clinical outreach staff of lines for the Department of Veterans Affairs (c) PROHIBITION ON RECOUPMENT OF CERTAIN the Department to members of the reserve and the Department of Defense. AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- components of the Armed Forces during (c) MATTERS INCLUDED.—In developing the CIPIENTS.—A surviving spouse who is or has weekend drill. clinical practice guidelines under subsection been in receipt of an annuity under the Sur- (b) ELIGIBILITY FOR SERVICES.—A member (a), the Work Group, in consultation with vivor Benefit Plan under subchapter II of of a reserve component of the Armed Forces the Post Traumatic Stress Disorder Work chapter 73 of title 10, United States Code, is eligible for services under subsection (a) Group, Concussion-mTBI Work Group, that is in effect before the effective date pro- regardless of whether the member is eligible Opioid Therapy for Chronic Pain Work vided under subsection (f) and that is ad- for any other care or services under the laws Group, and Substance Use Work Group, shall justed by reason of the amendments made by administered by the Secretary of Veterans ensure that the clinical practice guidelines subsection (a) and who has received a refund Affairs. include the following: of retired pay under section 1450(e) of title (c) DEFINITIONS.—In this section: (1) Guidance with respect to the following: 10, United States Code, shall not be required (1) VET CENTER.—The term ‘‘Vet Center’’ (A) The treatment of patients with post- to repay such refund to the United States. means a center for readjustment counseling traumatic stress disorder who are also expe- (d) REPEAL OF AUTHORITY FOR OPTIONAL and related mental health services for vet- riencing a substance use disorder or chronic ANNUITY FOR DEPENDENT CHILDREN.—Section erans under section 1712A of title 38, United pain. 1448(d) of such title is amended— States Code. (B) The treatment of patients experiencing (1) in paragraph (1), by striking ‘‘Except as (2) WEEKEND DRILL.—The term ‘‘weekend a mental health condition, including anx- provided in paragraph (2)(B), the Secretary drill’’ means drill or a period of equivalent iety, depression, or post-traumatic stress

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.057 S12JNPT1 S3378 CONGRESSIONAL RECORD — SENATE June 12, 2019 disorder as a result of military sexual trau- (D) Gender-specific psychotherapy efficacy. Veterans Affairs and the Department of De- ma who are also experiencing a substance (2) Guidance with respect to the following: fense, including the following: use disorder or chronic pain. (A) The efficacy of alternative therapies, (i) Transition assistance programs. (C) The treatment of patients with trau- other than psychotherapy and (ii) Clinical mental health initiatives. matic brain injury who are also experiencing pharmacotherapy, including the following: (iii) Programs that may secondarily im- a substance use disorder or chronic pain. (i) Yoga therapy. prove mental health, including employment, (2) Guidance with respect to the following: (ii) Meditation therapy. housing assistance, and financial literacy (A) Appropriate case management for pa- (iii) Equine therapy. programs. tients experiencing post-traumatic stress (iv) Other animal therapy. (iv) Research into mental health issues and disorder that is comorbid with substance use (v) Training and caring for service dogs. conditions. disorder or chronic pain who transition from (vi) Agri-therapy. (D) Recommendations for coordinating receiving care while on active duty in the (vii) Art therapy. mental health programs of the Department Armed Forces to care from health care net- (viii) Outdoor sports therapy. of Veterans Affairs and the Department of works outside of the Department of Defense. (ix) Music therapy. Defense to improve the effectiveness of those (B) Appropriate case management for pa- (x) Any other alternative therapy that the programs. tients experiencing a mental health condi- Work Group considers appropriate. (E) Recommendations for novel joint pro- tion, including anxiety, depression, or post- (3) Guidance with respect to the findings of gramming of the Department of Veterans Af- traumatic stress disorder as a result of mili- the Creating Options for Veterans’ Expedited fairs and the Department of Defense to im- tary sexual trauma that is comorbid with Recovery Commission (commonly referred to prove the mental health of members of the substance use disorder or chronic pain who as the ‘‘COVER Commission’’) established Armed Forces and veterans. transition from receiving care while on ac- under section 931 of the Jason Simcakoski (b) ESTABLISHMENT OF JOINT CENTER OF EX- tive duty in the Armed Forces to care from Memorial and Promise Act (title IX of Pub- CELLENCE.— health care networks outside of the Depart- lic Law 114–198; 38 U.S.C. 1701 note). (1) IN GENERAL.—Not later than two years ment of Defense. (c) RULE OF CONSTRUCTION.—Nothing in after the date of the enactment of this Act, (C) Appropriate case management for pa- this section shall be construed to prevent the the Secretary of Defense, in consultation tients experiencing traumatic brain injury Secretary of Veterans Affairs and the Sec- with the Secretary of Veterans Affairs, shall that is comorbid with substance use disorder retary of Defense from considering all rel- establish a center of excellence to be known or chronic pain who transition from receiv- evant evidence, as appropriate, in updating as the ‘‘Joint DOD/VA National Intrepid Cen- ing care while on active duty in the Armed the VA/DOD Clinical Practice Guideline for ter of Excellence Intrepid Spirit Center’’ (in Forces to care from health care networks Assessment and Management of Patients at this subsection referred to as the ‘‘Center’’). outside of the Department of Defense. Risk for Suicide, as required under sub- (2) DUTIES.—The Center shall conduct joint (3) Guidance with respect to the treatment section (a), or from ensuring that the final mental health programs of the Department of patients who are still members of the clinical practice guidelines updated under of Veterans Affairs and the Department of Armed Forces and are experiencing a mental such subsection remain applicable to the pa- Defense. health condition, including anxiety, depres- tient populations of the Department of Vet- (3) LOCATION.—The Center shall be estab- sion, or post-traumatic stress disorder as a erans Affairs and the Department of Defense. lished in a location that— result of military sexual trauma that is co- SEC. lll. JOINT MENTAL HEALTH PROGRAMS (A) is geographically distant from already morbid with substance use disorder or chron- BY DEPARTMENT OF VETERANS AF- existing and planned Intrepid Spirit Centers FAIRS AND DEPARTMENT OF DE- ic pain. FENSE. of the Department of Defense; and (4) Guidance with respect to the assess- (a) REPORT ON MENTAL HEALTH PRO- (B) is in a rural or highly rural area (as de- ment by the National Academies of Sciences, GRAMS.— termined through the use of the Rural-Urban Engineering, and Medicine of the potential (1) IN GENERAL.—Not later than 180 days Commuting Areas coding system of the De- overmedication of veterans, as required pur- after the date of the enactment of this Act, partment of Agriculture). suant to the Senate report accompanying S. and annually thereafter, the Secretary of 1557, 115th Congress (Senate Report 115–130), Veterans Affairs and the Secretary of De- SA 272. Mr. TESTER (for himself and under the heading ‘‘Overprescription Preven- fense shall submit to the Committee on Ms. MURKOWSKI) submitted an amend- tion Report’’ under the heading ‘‘COMMITTEE Armed Services and the Committee on Vet- ment intended to be proposed by him RECOMMENDATION’’. erans’ Affairs of the Senate and the Com- to the bill S. 1790, to authorize appro- (d) RULE OF CONSTRUCTION.—Nothing in mittee on Armed Services and the Com- priations for fiscal year 2020 for mili- this section shall be construed to prevent the mittee on Veterans’ Affairs of the House of Secretary of Veterans Affairs and the Sec- tary activities of the Department of Representatives a report on mental health Defense, for military construction, and retary of Defense from considering all rel- programs of the Department of Veterans Af- evant evidence, as appropriate, in creating fairs and the Department of Defense and for defense activities of the Depart- the clinical practice guidelines required joint programs of the Departments. ment of Energy, to prescribe military under subsection (a) or from ensuring that (2) ELEMENTS.—Each report required by personnel strengths for such fiscal the final clinical practice guidelines devel- paragraph (1) shall include the following: year, and for other purposes; which was oped under such subsection and subsequently (A) A description of mental health pro- ordered to lie on the table; as follows: updated, as appropriate, remain applicable grams operated by the Department of Vet- to the patient populations of the Department At the appropriate place in title X, insert erans Affairs, including the following: of Veterans Affairs and the Department of the following: (i) Transition assistance programs. Defense. SEC. lll. INFORMATION FOR MEMBERS OF THE (ii) Clinical mental health initiatives, in- ARMED FORCES REGARDING AVAIL- SEC. lll. UPDATE OF CLINICAL PRACTICE cluding— GUIDELINES FOR ASSESSMENT AND ABILITY OF SERVICES FROM THE MANAGEMENT OF PATIENTS AT RISK (I) the Million Veterans Program; and DEPARTMENT OF VETERANS AF- FOR SUICIDE. (II) centers of excellence of the Depart- FAIRS. (a) IN GENERAL.—Not later than two years ment of Veterans Affairs for traumatic brain (a) IN GENERAL.—The Secretary of Defense after the date of the enactment of this Act, injury and post-traumatic stress disorder. shall inform members of the Armed Forces, the Secretary of Veterans Affairs and the (iii) Programs that may secondarily im- using mechanisms available to the Sec- Secretary of Defense, through the Assess- prove mental health, including employment, retary, of the eligibility of such members for ment and Management of Patients at Risk housing assistance, and financial literacy services from the Department of Veterans for Suicide Work Group (in this section re- programs. Affairs. ferred to as the ‘‘Work Group’’), shall issue (iv) Research into mental health issues and (b) INFORMATION FROM SEXUAL ASSAULT an update to the VA/DOD Clinical Practice conditions. RESPONSE COORDINATORS.—The Secretary Guideline for Assessment and Management (B) A description of mental health pro- shall ensure that Sexual Assault Response of Patients at Risk for Suicide. grams operated by the Department of De- Coordinators of the Department of Defense (b) MATTERS INCLUDED.—In carrying out fense, including the following: advise members of the Armed Forces who re- the update under subsection (a), the Work (i) Transition assistance programs. port instances of military sexual trauma re- Group shall ensure that the clinical practice (ii) Clinical mental health initiatives, in- garding the eligibility of such members for guidelines updated under such subsection in- cluding the National Intrepid Center of Ex- services at the Department of Veterans Af- cludes the following: cellence. fairs. (1) Enhanced guidance with respect to the (iii) Programs that may secondarily im- (c) MILITARY SEXUAL TRAUMA DEFINED.—In following: prove mental health, including employment, this section, the term ‘‘military sexual trau- (A) Gender-specific risk factors for suicide housing assistance, and financial literacy ma’’ means psychological trauma described and suicidal ideation. programs. in section 1720D(a)(1) of title 38, United (B) Gender-specific treatment efficacy for (iv) Research into mental health issues and States Code. depression and suicide prevention. conditions. (C) Gender-specific pharmacotherapy effi- (C) A description of mental health pro- SA 273. Mr. BLUMENTHAL sub- cacy. grams jointly operated by the Department of mitted an amendment intended to be

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.058 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3379 proposed by him to the bill S. 1790, to (2) COVERED SUBSCRIBER.—The term ‘‘cov- originating or probably originating from an authorize appropriations for fiscal year ered subscriber’’ means a subscriber who is— automatic telephone dialing system; or 2020 for military activities of the De- (A) a servicemember; or (B) preventing other subscribers from re- partment of Defense, for military con- (B) a parent or dependent of a ceiving calls or text messages originated by servicemember. the originating subscriber that are permitted struction, and for defense activities of (3) DEPENDENT.—The term ‘‘dependent’’ has under subparagraph (B) of that paragraph; the Department of Energy, to prescribe the meaning given the term in subpara- (2) if the Commission finds that the cir- military personnel strengths for such graphs (A) and (B) of section 101(4) of the cumstance about which the originating sub- fiscal year, and for other purposes; Servicemembers Civil Relief Act (50 U.S.C. scriber notified the Commission exists, the which was ordered to lie on the table; 3911(4)). Commission shall— as follows: (4) ORIGINATING PROVIDER.—The term (A) notify the receiving provider of the ‘‘originating provider’’ means a provider of a At the end of subtitle E of title X, add the finding; and voice service or text messaging service that following: (B) take such action as is reasonably nec- permits a subscriber to originate a call or essary to correct the circumstance; and SEC. 1045. REQUIREMENT FOR REIMBURSEMENT text message that may be transmitted on the (3) if the receiving provider is preventing a OF DEPARTMENT OF DEFENSE FOR public switched telephone network. SUPPORT PROVIDED TO CIVILIAN subscriber of the receiving provider (referred LAW ENFORCEMENT AGENCIES. (5) PARENT.—The term ‘‘parent’’— to in this paragraph as the ‘‘receiving sub- (a) IN GENERAL.—Section 277 of title 10, (A) has the meaning given the term in sec- scriber’’) from receiving calls or text mes- United States Code, is amended— tion 101(5) of title 38, United States Code; sages originated by the originating sub- (1) in subsection (a), by striking ‘‘Subject and scriber because the receiving subscriber has to subsection (c), to the extent otherwise re- (B) includes a legal guardian. requested that prevention under subsection quired by section 1535 of title 31 (popularly (6) RECEIVING PROVIDER.—The term ‘‘re- (b)(1), the Commission— known as the ‘‘Economy Act’’) or other ap- ceiving provider’’ means a provider of a voice (A) may not require the receiving provider plicable law, the’’ and inserting ‘‘The’’; service or text messaging service that per- to stop preventing the calls or text messages (2) in subsection (b), by striking ‘‘Subject mits a subscriber to receive a call or text unless the receiving subscriber provides af- to subsection (c), the’’ and inserting ‘‘The’’; message originating, or that may be trans- firmative consent; and and mitted, on the public switched telephone (B) shall require the receiving provider to (3) by striking subsection (c). network. notify the receiving subscriber of the exist- (b) EFFECTIVE DATE.—The amendments (7) SERVICEMEMBER.—The term ence of the circumstance described in para- made by subsection (a) shall take effect on ‘‘servicemember’’ has the meaning given the graph (2) of this subsection. October 1, 2019, and shall apply with respect term in section 101(1) of the Servicemembers (d) PRIVATE RIGHT OF ACTION.— to support provided to civilian law enforce- Civil Relief Act (50 U.S.C. 3911(1)). (1) IN GENERAL.—A person aggrieved by a ment agencies on or after that date. (8) TEXT MESSAGE; TEXT MESSAGING SERV- violation of the regulations prescribed under ICE; VOICE SERVICE.—The terms ‘‘text mes- subsection (b) may bring an action in an ap- SA 274. Mr. BLUMENTHAL (for him- sage’’, ‘‘text messaging service’’, and ‘‘voice propriate district court of the United States, self and Mr. MANCHIN) submitted an service’’ have the meanings given those or, if otherwise permitted by the laws or amendment intended to be proposed by terms in section 227(e)(8) of the Communica- rules of court of a State, in an appropriate him to the bill S. 1790, to authorize ap- tions Act of 1934 (47 U.S.C. 227(e)(8)), except court of that State, to— that such section 227(e)(8) shall be applied as (A) enjoin the violation; or propriations for fiscal year 2020 for if the amendments made by section 503(a)(2) military activities of the Department (B) recover the greater of— of division P of the Consolidated Appropria- (i) actual damages; or of Defense, for military construction, tions Act, 2018 (Public Law 115–141) had (ii) $500 per violation. and for defense activities of the De- taken effect on the date of enactment of this (2) ENHANCED AWARDS.—If the court finds partment of Energy, to prescribe mili- Act. in an action brought under paragraph (1) tary personnel strengths for such fiscal (b) REQUIREMENT TO OFFER TECHNOLOGY TO that the defendant willfully or knowingly year, and for other purposes; which was COVERED SUBSCRIBERS.—The Commission, in violated the regulations described in that consultation with the Secretary of Defense, paragraph, the court may increase the ordered to lie on the table; as follows: shall by regulation establish technical and amount of the award to an amount equal to At the end of subtitle D of title I, add the procedural standards to require a receiving not more than 3 times the amount available following: provider to, not later than 72 hours after re- under subparagraph (B) of that paragraph. SEC. 147. INCREASED FUNDING FOR C–130H 8- ceiving notice from a subscriber that the (e) RULES OF CONSTRUCTION.— BLADED PROPELLER UPGRADE. subscriber is a covered subscriber— (1) PREVENTION OF CALLS OR TEXT MES- (a) INCREASED FUNDING.—The amount au- (1) offer to the subscriber, for no additional SAGES.—For purposes of a regulation pre- thorized to be appropriated by this Act for charge, the option to enable technology scribed under subsection (b), a call made or Aircraft Procurement, Air Force for the C– that— text message sent to a covered subscriber 130H 8-bladed propeller upgrade is hereby in- (A) identifies an incoming call or text mes- shall be considered to be prevented if, in ac- creased by $43,700,000. sage as originating or probably originating cordance with the express consent of the sub- (b) OFFSETS.—(1) The amount authorized to from an automatic telephone dialing system; scriber, the call or text message is recorded be appropriated by this Act for Aircraft Pro- and or redirected in a manner that allows the curement, Air Force for the KC46A MDAP is (B) prevents the subscriber from receiving subscriber to— hereby reduced by $34,800,000. a call or text message identified as described (A) be notified of the attempt to make the (2) The amount authorized to be appro- in subparagraph (A) unless— call or send the text message; or priated by this Act for Aircraft Procure- (i) the call or text message is made or sent (B) have access to— ment, Air Force for the F–22A is hereby re- by a public safety entity, including a public (i) a message left by the calling party; or duced by $8,900,000. safety answering point (as defined in section (ii) the text message. 222(h) of the Communications Act of 1934 (47 SA 275. Mr. BLUMENTHAL sub- (2) BLOCKING CALLER IDENTIFICATION INFOR- U.S.C. 222(h))), emergency operations center, MATION.—Nothing in this section may be con- mitted an amendment intended to be or law enforcement agency; or strued to require an originating provider to proposed by him to the bill S. 1790, to (ii) the subscriber has provided prior ex- prevent or restrict any person from blocking authorize appropriations for fiscal year press consent to receive the call or text mes- the capability of any caller identification 2020 for military activities of the De- sage and has not revoked that consent; and service to transmit caller identification in- (2) offer to the subscriber, for no additional partment of Defense, for military con- formation. charge, the ability to request that the re- struction, and for defense activities of (f) REGULATIONS.—The Commission, in con- ceiving provider prevent the subscriber from the Department of Energy, to prescribe sultation with the Secretary of Defense, receiving calls and text messages originating military personnel strengths for such shall— from a particular number. (1) prescribe the regulations required under fiscal year, and for other purposes; (c) COMMISSION APPEALS PROCESS RELATING which was ordered to lie on the table; TO ALLEGED AUTODIALERS.—The standards subsection (b) not later than 1 year after the as follows: established under paragraph (1) of subsection date of enactment of this Act; and (2) require a provider of a voice service or At the appropriate place, insert the fol- (b) shall provide for an appeals process under text messaging service to comply with the lowing: which— (1) a subscriber of an originating provider regulations prescribed under paragraph (1) SEC. lll. FREE CALL-BLOCKING TECHNOLOGY not later than 180 days after the date on FOR SERVICEMEMBERS AND THEIR (referred to in this subsection as the ‘‘origi- PARENTS AND DEPENDENTS. nating subscriber’’) may notify the Commis- which they are prescribed. (a) DEFINITIONS.—In this section: sion that the technology offered under that (1) COMMISSION.—The term ‘‘Commission’’ paragraph by a receiving provider is— SA 276. Mr. BLUMENTHAL (for him- means the Federal Communications Com- (A) incorrectly identifying the calls or text self and Mr. BROWN) submitted an mission. messages of the originating subscriber as amendment intended to be proposed by

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.059 S12JNPT1 S3380 CONGRESSIONAL RECORD — SENATE June 12, 2019 him to the bill S. 1790, to authorize ap- SA 277. Mr. BLUMENTHAL sub- SA 279. Mr. COTTON submitted an propriations for fiscal year 2020 for mitted an amendment intended to be amendment intended to be proposed by military activities of the Department proposed by him to the bill S. 1790, to him to the bill S. 1790, to authorize ap- of Defense, for military construction, authorize appropriations for fiscal year propriations for fiscal year 2020 for and for defense activities of the De- 2020 for military activities of the De- military activities of the Department partment of Energy, to prescribe mili- partment of Defense, for military con- of Defense, for military construction, tary personnel strengths for such fiscal struction, and for defense activities of and for defense activities of the De- year, and for other purposes; which was the Department of Energy, to prescribe partment of Energy, to prescribe mili- ordered to lie on the table; as follows: military personnel strengths for such tary personnel strengths for such fiscal At the appropriate place in title X, insert fiscal year, and for other purposes; year, and for other purposes; which was the following: which was ordered to lie on the table; ordered to lie on the table; as follows: SEC. lll. MODIFICATION OF ELIGIBILITY RE- as follows: At the appropriate place in subtitle F of QUIREMENTS FOR TRANSFER OF UN- At the end of subtitle H of title X, add the title X, insert the following: USED ENTITLEMENT TO POST-9/11 following: EDUCATIONAL ASSISTANCE. SEC. lll. REPORTING REGARDING CANCELLED SEC. 1086. GOLD STAR FAMILIES FOREVER (a) MODIFICATION OF ELIGIBILITY REQUIRE- APPROPRIATIONS. STAMP. MENTS.— (a) ASSESSMENTS REQUIRED.— (a) FINDINGS.—Congress finds that— (1) IN GENERAL.—Subsection (b) of section (1) FISCAL YEARS 2009 THROUGH 2018.—Not (1) Gold Star families are true national he- 3319 of title 38, United States Code, is amend- later than 60 days after the date of enact- roes, who deserve our deepest gratitude and ed to read as follows: ment of this Act, the Comptroller General of respect; and ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual the United States shall submit to Congress a (2) the extraordinary contribution of Gold referred to in subsection (a) is an individual report that assesses the amount of appro- Star families is beyond measure, not merely who, at the time of the approval of the indi- priations cancelled under section 1552 of title for their loss, but the comfort they selflessly vidual’s request to transfer entitlement to 31, United States Code, during each of fiscal provide others and their model of service and educational assistance under this section— years 2009 through 2018. sacrifice. ‘‘(1) has completed at least 10 years of serv- (2) FISCAL YEAR 2019.—Not later than 120 (b) IN GENERAL.—In order to continue to days after the date of enactment of this Act, ice in the uniformed services, not fewer than honor the sacrifices of families who have lost the Comptroller General of the United States six of which were service in the Armed a loved one who was a member of the Armed shall submit to Congress a report that as- Forces; Forces in combat, the Postmaster General sesses the amount of appropriations can- ‘‘(2) is a member of the uniformed services shall provide for the issuance of a forever celled under section 1552 of title 31, United who— stamp suitable for that purpose. States Code, during fiscal year 2019. ‘‘(A) is not an individual described in para- (c) FOREVER STAMP DEFINED.—In this sec- graph (1); tion, the term ‘‘forever stamp’’ means a de- (b) ELEMENTS OF ASSESSMENT.—Each as- ‘‘(B) has served at least six years in the finitive stamp that— sessment conducted under subsection (a) Armed Forces; (1) meets the postage required for first- shall address the following: ‘‘(C) enters into an agreement to serve as a class mail up to 1 ounce in weight; and (1) The amount of appropriations for each member of the uniformed services for a pe- (2) retains full validity for the purpose de- agency that were cancelled during each fis- riod that is no less than the difference be- scribed in paragraph (1) even if the rate of cal year covered by the report, including— tween— that postage is later increased. (A) the name of each appropriation ac- ‘‘(i) 10 years; and (d) EFFECTIVE DATE.—The stamp described count from which amounts were cancelled; ‘‘(ii) the period the individual has already in subsection (b) shall be issued beginning as (B) for each cancelled appropriation, the served in the uniformed services; or soon as practicable after the date of enact- fiscal year for which the appropriation was ‘‘(3) is described in section 3311(b)(10).’’. ment of this Act and shall not thereafter be made, the period of availability of the appro- (2) CONFORMING AMENDMENTS.—Such sec- discontinued. priation, and the fiscal year during which tion is amended— the appropriation was cancelled; (A) in subsection (a)— SA 278. Mr. BLUMENTHAL sub- (C) for each fiscal year for which appro- (i) by striking paragraph (2); and mitted an amendment intended to be priations made to the agency were cancelled, (ii) in paragraph (1), by striking ‘‘(1)’’; proposed by him to the bill S. 1790, to the percentage of the appropriations made (B) in subsection (i)(2), by striking ‘‘under available to the agency for the fiscal year subsection (b)(1)’’ and inserting ‘‘under sub- authorize appropriations for fiscal year that were cancelled; and section (b)(2)(C)’’; and 2020 for military activities of the De- (D) whether there was an adjustment made (C) in subsection (j)(2)— partment of Defense, for military con- with respect to the cancelled appropriation (i) in subparagraph (A), by inserting ‘‘and’’ struction, and for defense activities of under section 251(b) of the Balanced Budget after the semicolon; the Department of Energy, to prescribe and Emergency Deficit Control Act of 1985 (2 (ii) by striking subparagraph (B); and military personnel strengths for such U.S.C. 901(b)) or the cancelled appropriation (iii) by redesignating subparagraph (C) as fiscal year, and for other purposes; was otherwise excluded from being taken subparagraph (B). which was ordered to lie on the table; into account for purposes of the discre- (b) MODIFICATION OF TIME TO TRANSFER.— tionary spending limits (as defined in section as follows: (1) IN GENERAL.—Paragraph (1) of sub- 250 of such Act (2 U.S.C. 900)). section (f) of such section is amended to read At the end of subtitle H of title X, add the (2) The extent to which canceled appropria- as follows: following: tions different significantly across agencies ‘‘(1) TIME FOR TRANSFER.—Subject to the SEC. llll. INAPPLICABILITY OF INSURREC- or over time. time limitation for use of entitlement under TION ACT WITH RESPECT TO EN- (3) The extent to which canceled appropria- section 3321 of this title, and except as pro- FORCEMENT OF IMMIGRATION tions are correlated with obligation rates or LAWS. vided in subsection (k), an individual ap- the length of time. (a) IN GENERAL.—Chapter 13 of title 10, proved to transfer entitlement to edu- (4) The extent to which canceled appropria- United States Code, is amended by adding at cational assistance under this section may tions are correlated with the length of con- the end the following new section: transfer such entitlement at any time.’’. tinuing resolutions in the original year of (2) CONFORMING AMENDMENTS.—Such sec- ‘‘§ 256. Inapplicability with respect to enforce- the appropriation. tion is further amended— ment of immigration laws (A) by amending subsection (g) to read as ‘‘This chapter shall not be applied— SA 280. Mr. COTTON (for himself and ‘‘(1) to authorize the execution of the im- follows: Ms. DUCKWORTH) submitted an amend- migration laws (as defined in section 101(a) ‘‘(g) COMMENCEMENT OF USE.—If a depend- ment intended to be proposed by him ent to whom entitlement to educational as- of the Immigration and Nationality Act (8 sistance is transferred under this section is a U.S.C. 1101(a))), directly or indirectly, by a to the bill S. 1790, to authorize appro- child, the dependent may not commence the member of the Armed Forces; or priations for fiscal year 2020 for mili- use of the transferred entitlement until ei- ‘‘(2) to otherwise authorize a member of tary activities of the Department of ther— the Armed Forces to aid or assist any official Defense, for military construction, and ‘‘(1) the completion by the child of the re- of the Government in the execution of the for defense activities of the Depart- quirements of a secondary school diploma (or immigration laws.’’. ment of Energy, to prescribe military (b) TECHNICAL AND CONFORMING AMEND- equivalency certificate); or personnel strengths for such fiscal MENT.—The table of sections for chapter 13 of ‘‘(2) the attainment by the child of 18 years year, and for other purposes; which was of age.’’; title 10, United States Code, is amended by (B) by striking subsection (k); and adding at the end the following: ordered to lie on the table; as follows: (C) by redesignating subsection (l) as sub- ‘‘256. Inapplicability with respect to enforce- Strike section 1260 and insert the fol- section (k). ment of immigration laws.’’. lowing:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.059 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3381 SEC. 1260. SENSE OF SENATE ON ENHANCED CO- disinformation campaigns and the counted by hand or read by an optical char- OPERATION WITH PACIFIC ISLAND weaponization of information and ensure acter recognition device or other counting COUNTRIES TO ESTABLISH OPEN- that open source intelligence is given appro- device. For purposes of this subclause, the SOURCE INTELLIGENCE FUSION CENTERS IN THE INDO-PACIFIC RE- priate weight in analytic products of the in- term ‘individual, durable, voter-verified GION. telligence community. paper ballot’ means a paper ballot marked by It is the sense of the Senate that— (6) To monitor technological trends, par- the voter by hand or a paper ballot marked (1) the Pacific Island countries in the Indo- ticularly important in cybersecurity and through the use of a nontabulating ballot Pacific region are critical partners of the disinformation operations of foreign adver- marking device or system, so long as the United States; saries, so policymakers can adapt the re- voter shall have the option to mark his or (2) the United States should take steps to sponses of the Federal Government accord- her ballot by hand. enhance collaboration with Pacific Island ingly. ‘‘(II) The voting system shall provide the countries; (7) To share information, as appropriate, voter with an opportunity to correct any (3) United States Indo-Pacific Command with allied intelligence partners on foreign error on the paper ballot before the perma- should pursue the establishment of one or influence operations and tactics and in so nent voter-verified paper ballot is preserved more open-source intelligence fusion centers doing establish a two-way exchange of threat in accordance with clause (ii). in the Indo-Pacific region to enhance co- information. ‘‘(III) The voting system shall not preserve operation with Pacific Island countries, (e) ANNUAL REPORTS.—Not less frequently the voter-verified paper ballots in any man- which may include participation in an exist- than once each year, the Center shall submit ner that makes it possible, at any time after ing fusion center of a partner or ally in lieu to Congress a report on the activities of the the ballot has been cast, to associate a voter of establishing an entirely new fusion center; Center and the implications of such activi- with the record of the voter’s vote without and ties to the privacy and civil liberties of the the voter’s consent. (4) the United States should continue to people of the United States. ‘‘(ii) PRESERVATION AS OFFICIAL RECORD.— support the political, economic, and security (f) SENSE OF CONGRESS.—It is the sense of The individual, durable, voter-verified paper partnerships among Australia, New Zealand, Congress that— ballot used in accordance with clause (i) and other Pacific Island countries. (1) the Center should supplant existing shall constitute the official ballot and shall task forces at individual agencies that have be preserved and used as the official ballot SA 281. Ms. KLOBUCHAR submitted mandates and resources which are limited by for purposes of any recount or audit con- an amendment intended to be proposed their particular mission and budget; ducted with respect to any election for Fed- by her to the bill S. 1790, to authorize (2) the intelligence community and Con- eral office in which the voting system is appropriations for fiscal year 2020 for gress should work together to resolve exist- used. ing legal limitations on elements of the in- military activities of the Department ‘‘(iii) MANUAL COUNTING REQUIREMENTS FOR telligence community to monitor RECOUNTS AND AUDITS.—(I) Each paper ballot of Defense, for military construction, disinformation operations; and for defense activities of the De- used pursuant to clause (i) shall be suitable (3) the intelligence community and Con- for a manual audit, and shall be counted by partment of Energy, to prescribe mili- gress should ensure that appropriate legal hand in any recount or audit conducted with tary personnel strengths for such fiscal authorities are in place to protect the pri- respect to any election for Federal office. year, and for other purposes; which was vacy and civil liberties of United States citi- ‘‘(II) In the event of any inconsistencies or ordered to lie on the table; as follows: zens; and irregularities between any electronic vote At the appropriate place in title X, insert (4) lessons learned from post-9/11 counter- tallies and the vote tallies determined by the following: terrorism experiences should be applied to counting by hand the individual, durable, SEC. lll. ESTABLISHMENT OF A HYBRID foreign interference threats. voter-verified paper ballots used pursuant to THREAT CENTER ON INFLUENCE OP- clause (i), and subject to subparagraph (B), ERATIONS OF FOREIGN ADVER- SA 282. Ms. KLOBUCHAR submitted the individual, durable, voter-verified paper SARIES. an amendment intended to be proposed ballots shall be the true and correct record (a) DEFINITION OF INTELLIGENCE COMMU- by her to the bill S. 1790, to authorize of the votes cast. NITY.—In this section, the term ‘‘intelligence appropriations for fiscal year 2020 for ‘‘(iv) APPLICATION TO ALL BALLOTS.—The community’’ has the meaning given such military activities of the Department requirements of this subparagraph shall term in section 3 of the National Security apply to all ballots cast in elections for Fed- Act of 1947 (50 U.S.C. 3003). of Defense, for military construction, eral office, including ballots cast by absent (b) ESTABLISHMENT.—The Director of Na- and for defense activities of the De- tional Intelligence shall establish a hybrid partment of Energy, to prescribe mili- uniformed services voters and overseas vot- threat center (in this section referred to as ers under the Uniformed and Overseas Citi- tary personnel strengths for such fiscal zens Absentee Voting Act and other absentee the ‘‘Center’’) to assess and track, in a cross- year, and for other purposes; which was discipline and holistic manner, influence op- voters. erations of foreign adversaries carried out ordered to lie on the table; as follows: ‘‘(B) SPECIAL RULE FOR TREATMENT OF DIS- against the United States. At the appropriate place, insert the fol- PUTES WHEN PAPER BALLOTS HAVE BEEN SHOWN (c) COMPOSITION.—The Director shall en- lowing: TO BE COMPROMISED.— sure that the Center is composed of individ- DIVISION ll—ELECTION SECURITY ‘‘(i) IN GENERAL.—In the event that— uals from across the intelligence community ‘‘(I) there is any inconsistency between SECTION l001. SHORT TITLE. who are experts in the following: any electronic vote tallies and the vote tal- This division may be cited as the ‘‘Election (1) Cybersecurity. lies determined by counting by hand the in- Security Act of 2019’’. (2) Military communications. dividual, durable, voter-verified paper bal- (3) Finance. TITLE I—FINANCIAL SUPPORT FOR lots used pursuant to subparagraph (A)(i) (4) Economics. ELECTION INFRASTRUCTURE with respect to any election for Federal of- (5) Disinformation. Subtitle A—Voting System Security fice; and (6) Emerging technology. Improvement Grants ‘‘(II) it is demonstrated by clear and con- (7) Leadership. PART 1—PROMOTING ACCURACY, INTEG- vincing evidence (as determined in accord- (8) Regional affairs. RITY, AND SECURITY THROUGH VOTER- ance with the applicable standards in the ju- (d) FUNCTIONS.—The functions of the Cen- VERIFIED PERMANENT PAPER BALLOT risdiction involved) in any recount, audit, or ter are as follows: contest of the result of the election that the (1) To assess and track influence oper- SEC. l101. SHORT TITLE. paper ballots have been compromised (by ations of foreign adversaries, including oper- This subtitle may be cited as the ‘‘Voter damage or mischief or otherwise) and that a ations of adversaries carried out domesti- Confidence and Increased Accessibility Act sufficient number of the ballots have been so cally and operations carried out abroad. of 2019’’. compromised that the result of the election (2) To make information available to the SEC. l102. PAPER BALLOT AND MANUAL COUNT- could be changed, public regarding trends, threats, and tactics ING REQUIREMENTS. the determination of the appropriate remedy deployed by foreign adversaries to under- (a) IN GENERAL.—Section 301(a)(2) of the with respect to the election shall be made in mine democratic institutions and influence Help America Vote Act of 2002 (52 U.S.C. accordance with applicable State law, except public opinion in the United States. 21081(a)(2)) is amended to read as follows: that the electronic tally shall not be used as (3) To monitor disinformation operations ‘‘(2) PAPER BALLOT REQUIREMENT.— the exclusive basis for determining the offi- and influence campaigns of foreign adver- ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— cial certified result. saries. ‘‘(i) PAPER BALLOT REQUIREMENT.—(I) The ‘‘(ii) RULE FOR CONSIDERATION OF BALLOTS (4) To give the intelligence community and voting system shall require the use of an in- ASSOCIATED WITH EACH VOTING MACHINE.—For policymakers greater visibility into nebu- dividual, durable, voter-verified paper ballot purposes of clause (i), only the paper ballots lous, cross-border influence operations of of the voter’s vote that shall be marked and deemed compromised, if any, shall be consid- foreign adversaries. made available for inspection and ered in the calculation of whether or not the (5) To monitor open source information, verification by the voter before the voter’s result of the election could be changed due particularly on social media, to analyze vote is cast and counted, and which shall be to the compromised paper ballots.’’.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.060 S12JNPT1 S3382 CONGRESSIONAL RECORD — SENATE June 12, 2019

(b) CONFORMING AMENDMENT CLARIFYING ‘‘(1) certifications that the entity shall lot marking device shall be clearly readable APPLICABILITY OF ALTERNATIVE LANGUAGE specifically investigate enhanced methods or by the voter without assistance (other than ACCESSIBILITY.—Section 301(a)(4) of such Act devices, including non-electronic devices, eyeglasses or other personal vision enhanc- (52 U.S.C. 21081(a)(4)) is amended by inserting that will assist such individuals and voters ing devices) and by an optical character rec- ‘‘(including the paper ballots required to be in marking voter-verified paper ballots and ognition device or other device equipped for used under paragraph (2))’’ after ‘‘voting sys- presenting or transmitting the information individuals with disabilities.’’. tem’’. printed or marked on such ballots back to SEC. l105. PAPER BALLOT PRINTING REQUIRE- (c) OTHER CONFORMING AMENDMENTS.—Sec- such individuals and voters, and casting such MENTS. tion 301(a)(1) of such Act (52 U.S.C. ballots; (a) REQUIRING PAPER BALLOTS TO BE PRINT- 21081(a)(1)) is amended— ‘‘(2) a certification that the entity shall ED ON RECYCLED PAPER MANUFACTURED IN (1) in subparagraph (A)(i), by striking complete the activities carried out with the UNITED STATES.—Section 301(a) of the Help ‘‘counted’’ and inserting ‘‘counted, in accord- grant not later than December 31, 2020; and America Vote Act of 2002 (52 U.S.C. 21081(a)), ance with paragraphs (2) and (3)’’; ‘‘(3) such other information and certifi- as amended by section l104, is amended by (2) in subparagraph (A)(ii), by striking cations as the Director may require. adding at the end the following new para- ‘‘counted’’ and inserting ‘‘counted, in accord- ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any graph: ance with paragraphs (2) and (3)’’; technology developed with the grants made ‘‘(8) PRINTING REQUIREMENTS FOR BAL- (3) in subparagraph (A)(iii), by striking under this section shall be treated as non- LOTS.—All paper ballots used in an election ‘‘counted’’ each place it appears and insert- proprietary and shall be made available to for Federal office shall be printed in the ing ‘‘counted, in accordance with paragraphs the public, including to manufacturers of United States on recycled paper manufac- (2) and (3)’’; and voting systems. tured in the United States.’’. (4) in subparagraph (B)(ii), by striking ‘‘(d) COORDINATION WITH GRANTS FOR TECH- (b) EFFECTIVE DATE.—The amendment ‘‘counted’’ and inserting ‘‘counted, in accord- NOLOGY IMPROVEMENTS.—The Commission made by subsection (a) shall apply with re- ance with paragraphs (2) and (3)’’. shall carry out this section so that the ac- spect to elections occurring on or after Janu- SEC. l103. ACCESSIBILITY AND BALLOT tivities carried out with the grants made ary 1, 2021. VERIFICATION FOR INDIVIDUALS under subsection (a) are coordinated with SEC. l106. STUDY AND REPORT ON OPTIMAL WITH DISABILITIES. the research conducted under the grant pro- BALLOT DESIGN. (a) IN GENERAL.—Section 301(a)(3)(B) of the gram carried out under section 271, to the ex- (a) STUDY.—The Election Assistance Com- Help America Vote Act of 2002 (52 U.S.C. tent that the Commission determines nec- mission shall conduct a study of the best 21081(a)(3)(B)) is amended to read as follows: essary to provide for the advancement of ac- ways to design ballots used in elections for ‘‘(B)(i) ensure that individuals with dis- cessible voting technology. public office, including paper ballots and abilities and others are given an equivalent ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— electronic or digital ballots, to minimize opportunity to vote, including with privacy There is authorized to be appropriated to confusion and user errors. and independence, in a manner that produces carry out subsection (a) $5,000,000, to remain (b) REPORT.—Not later than January 1, a voter-verified paper ballot as for other vot- available until expended.’’. 2020, the Election Assistance Commission ers; (2) CLERICAL AMENDMENT.—The table of shall submit to Congress a report on the ‘‘(ii) satisfy the requirement of subpara- contents of such Act is amended— study conducted under subsection (a). graph (A) through the use of at least one vot- (A) by redesignating the item relating to SEC. l107. EFFECTIVE DATE FOR NEW REQUIRE- ing system equipped for individuals with dis- section 247 as relating to section 248; and abilities, including nonvisual and enhanced MENTS. (B) by inserting after the item relating to Section 301(d) of the Help America Vote visual accessibility for the blind and visually section 246 the following new item: impaired, and nonmanual and enhanced man- Act of 2002 (52 U.S.C. 21081(d)) is amended to ‘‘Sec. 247. Study and report on accessible ual accessibility for the mobility and dex- read as follows: paper ballot verification mech- terity impaired, at each polling place; and ‘‘(d) EFFECTIVE DATE.— anisms.’’. ‘‘(iii) meet the requirements of subpara- ‘‘(1) IN GENERAL.—Except as provided in (c) CLARIFICATION OF ACCESSIBILITY STAND- graph (A) and paragraph (2)(A) by using a paragraph (2), each State and jurisdiction ARDS UNDER VOLUNTARY VOTING SYSTEM system that— shall be required to comply with the require- GUIDANCE.—In adopting any voluntary guid- ‘‘(I) allows the voter to privately and inde- ments of this section on and after January 1, ance under subtitle B of title III of the Help pendently verify the permanent paper ballot 2006. America Vote Act with respect to the acces- through the presentation, in accessible form, ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE- sibility of the paper ballot verification re- of the printed or marked vote selections MENTS.— quirements for individuals with disabilities, from the same printed or marked informa- ‘‘(A) IN GENERAL.—Except as provided in the Election Assistance Commission shall in- tion that would be used for any vote count- section 105(b) of the Election Security Act of clude and apply the same accessibility stand- ing or auditing; and 2019 and subparagraphs (B) and (C), the re- ards applicable under the voluntary guidance ‘‘(II) allows the voter to privately and quirements of this section which are first adopted for accessible voting systems under independently verify and cast the permanent imposed on a State and jurisdiction pursuant such subtitle. paper ballot without requiring the voter to to the amendments made by the Voter Con- (d) PERMITTING USE OF FUNDS FOR PROTEC- manually handle the paper ballot;’’. fidence and Increased Accessibility Act of TION AND ADVOCACY SYSTEMS TO SUPPORT AC- (b) SPECIFIC REQUIREMENT OF STUDY, TEST- 2019 shall apply with respect to voting sys- TIONS TO ENFORCE ELECTION-RELATED DIS- ING, AND DEVELOPMENT OF ACCESSIBLE PAPER tems used for any election for Federal office ABILITY ACCESS.—Section 292(a) of the Help BALLOT VERIFICATION MECHANISMS.— held in 2020 or any succeeding year. America Vote Act of 2002 (52 U.S.C. 21062(a)) (1) STUDY AND REPORTING.—Subtitle C of ‘‘(B) DELAY FOR JURISDICTIONS USING CER- title II of such Act (52 U.S.C. 21081 et seq.) is is amended by striking ‘‘; except that’’ and TAIN PAPER RECORD PRINTERS OR CERTAIN SYS- amended— all that follows and inserting a period. TEMS USING OR PRODUCING VOTER-VERIFIABLE (A) by redesignating section 247 as section SEC. l104. DURABILITY AND READABILITY RE- PAPER RECORDS IN 2018.— 248; and QUIREMENTS FOR BALLOTS. ‘‘(i) DELAY.—In the case of a jurisdiction (B) by inserting after section 246 the fol- Section 301(a) of the Help America Vote described in clause (ii), subparagraph (A) lowing new section: Act of 2002 (52 U.S.C. 21081(a)) is amended by shall apply to a voting system in the juris- ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE adding at the end the following new para- diction as if the reference in such subpara- PAPER BALLOT VERIFICATION graph: graph to ‘2020’ were a reference to ‘2022’, but MECHANISMS. ‘‘(7) DURABILITY AND READABILITY REQUIRE- only with respect to the following require- ‘‘(a) STUDY AND REPORT.—The Commission MENTS FOR BALLOTS.— ments of this section: shall make grants to not fewer than 3 eligi- ‘‘(A) DURABILITY REQUIREMENTS FOR PAPER ‘‘(I) Paragraph (2)(A)(i)(I) of subsection (a) ble entities to study, test, and develop acces- BALLOTS.— (relating to the use of voter-verified paper sible paper ballot voting, verification, and ‘‘(i) IN GENERAL.—All voter-verified paper ballots). casting mechanisms and devices and best ballots required to be used under this Act ‘‘(II) Paragraph (3)(B)(ii)(I) and (II) of sub- practices to enhance the accessibility of shall be marked or printed on durable paper. section (a) (relating to access to verification paper ballot voting and verification mecha- ‘‘(ii) DEFINITION.—For purposes of this Act, from and casting of the durable paper bal- nisms for individuals with disabilities, for paper is ‘durable’ if it is capable of with- lot). voters whose primary language is not standing multiple counts and recounts by ‘‘(III) Paragraph (7) of subsection (a) (relat- English, and for voters with difficulties in hand without compromising the fundamental ing to durability and readability require- literacy, including best practices for the integrity of the ballots, and capable of re- ments for ballots). mechanisms themselves and the processes taining the information marked or printed ‘‘(ii) JURISDICTIONS DESCRIBED.—A jurisdic- through which the mechanisms are used. on them for the full duration of a retention tion described in this clause is a jurisdic- ‘‘(b) ELIGIBILITY.—An entity is eligible to and preservation period of 22 months. tion— receive a grant under this part if it submits ‘‘(B) READABILITY REQUIREMENTS FOR PAPER ‘‘(I) which used voter verifiable paper to the Commission (at such time and in such BALLOTS MARKED BY BALLOT MARKING DE- record printers attached to direct recording form as the Commission may require) an ap- VICE.—All voter-verified paper ballots com- electronic voting machines, or which used plication containing— pleted by the voter through the use of a bal- other voting systems that used or produced

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3383 paper records of the vote verifiable by voters PART 2—GRANTS TO CARRY OUT ‘‘(E) Providing a secure voter registration but that are not in compliance with para- IMPROVEMENTS database that logs requests submitted to the graphs (2)(A)(i)(I), (3)(B)(iii)(I) and (II), and SEC. 111. GRANTS FOR OBTAINING COMPLIANT database. (7) of subsection (a) (as amended or added by PAPER BALLOT VOTING SYSTEMS ‘‘(F) Publishing and enforcing a policy de- the Voter Confidence and Increased Accessi- AND CARRYING OUT VOTING SYS- tailing use limitations and security safe- bility Act of 2019), for the administration of TEM SECURITY IMPROVEMENTS. guards to protect the personal information (a) AVAILABILITY OF GRANTS.—Subtitle D of the regularly scheduled general election for of voters in the voter registration process. title II of the Help America Vote Act of 2002 Federal office held in November 2018; and ‘‘(G) Providing secure processes and proce- (52 U.S.C. 21001 et seq.) is amended by adding dures for reporting vote tallies. ‘‘(II) which will continue to use such print- at the end the following new part: ‘‘(H) Providing a secure platform for dis- ers or systems for the administration of elec- ‘‘PART 7—GRANTS FOR OBTAINING COM- seminating vote totals. tions for Federal office held in years before PLIANT PAPER BALLOT VOTING SYS- ‘‘(2) Evidence of established conditions of 2022. TEMS AND CARRYING OUT VOTING SYS- innovation and reform in providing voting ‘‘(iii) MANDATORY AVAILABILITY OF PAPER TEM SECURITY IMPROVEMENTS system security and the proposed plan of the BALLOTS AT POLLING PLACES USING GRAND- ‘‘SEC. 297. GRANTS FOR OBTAINING COMPLIANT State for implementing additional condi- FATHERED PRINTERS AND SYSTEMS.— PAPER BALLOT VOTING SYSTEMS tions. ‘‘(I) REQUIRING BALLOTS TO BE OFFERED AND AND CARRYING OUT VOTING SYS- ‘‘(3) Evidence of collaboration between rel- PROVIDED.—The appropriate election official TEM SECURITY IMPROVEMENTS. evant stakeholders, including local election at each polling place that uses a printer or ‘‘(a) AVAILABILITY AND USE OF GRANT.—The officials, in developing the grant implemen- system described in clause (ii)(I) for the ad- Commission shall make a grant to each eli- tation plan described in section 297B. ministration of elections for Federal office gible State— ‘‘(4) The plan of the State to conduct a rig- shall offer each individual who is eligible to ‘‘(1) to replace a voting system— orous evaluation of the effectiveness of the cast a vote in the election at the polling ‘‘(A) which does not meet the requirements activities carried out with the grant. place the opportunity to cast the vote using which are first imposed on the State pursu- ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO ant to the amendments made by the Voter ADMINISTER RANKED CHOICE ELECTIONS.—To a blank pre-printed paper ballot which the Confidence and Increased Accessibility Act the greatest extent practicable, an eligible individual may mark by hand and which is of 2019 with a voting system which does meet State which receives a grant to replace a not produced by the direct recording elec- such requirements, for use in the regularly voting system under this section shall en- tronic voting machine or other such system. scheduled general elections for Federal office sure that the replacement system is capable The official shall provide the individual with held in November 2020, or of administering a system of ranked choice the ballot and the supplies necessary to ‘‘(B) which does meet such requirements voting under which each voter shall rank the mark the ballot, and shall ensure (to the but which is not in compliance with the candidates for the office in the order of the greatest extent practicable) that the waiting most recent voluntary voting system guide- voter’s preference. period for the individual to cast a vote is the lines issued by the Commission prior to the ‘‘SEC. 297A. VOTING SYSTEM SECURITY IMPROVE- lesser of 30 minutes or the average waiting regularly scheduled general election for Fed- MENTS DESCRIBED. period for an individual who does not agree eral office held in November 2020 with an- ‘‘(a) PERMITTED USES.—A voting system se- to cast the vote using such a paper ballot other system which does meet such require- curity improvement described in this section under this clause. ments and is in compliance with such guide- is any of the following: ‘‘(1) The acquisition of goods and services ‘‘(II) TREATMENT OF BALLOT.—Any paper lines; from qualified election infrastructure ven- ballot which is cast by an individual under ‘‘(2) to carry out voting system security dors by purchase, lease, or such other ar- this clause shall be counted and otherwise improvements described in section 297A with respect to the regularly scheduled general rangements as may be appropriate. treated as a regular ballot for all purposes ‘‘(2) Cyber and risk mitigation training. (including by incorporating it into the final elections for Federal office held in November 2020 and each succeeding election for Federal ‘‘(3) A security risk and vulnerability as- unofficial vote count (as defined by the sessment of the State’s election infrastruc- State) for the precinct) and not as a provi- office; and ‘‘(3) to implement and model best practices ture which is carried out by a provider of sional ballot, unless the individual casting for ballot design, ballot instructions, and the cybersecurity services under a contract en- the ballot would have otherwise been re- testing of ballots. tered into between the chief State election quired to cast a provisional ballot. ‘‘(b) AMOUNT OF GRANT.—The amount of a official and the provider. ‘‘(III) POSTING OF NOTICE.—The appropriate grant made to a State under this section ‘‘(4) The maintenance of election infra- election official shall ensure there is promi- shall be such amount as the Commission de- structure, including addressing risks and nently displayed at each polling place a no- termines to be appropriate, except that such vulnerabilities which are identified under ei- tice that describes the obligation of the offi- amount may not be less than the product of ther of the security risk and vulnerability cial to offer individuals the opportunity to $1 and the average of the number of individ- assessments described in paragraph (3), ex- cast votes using a pre-printed blank paper uals who cast votes in any of the two most cept that none of the funds provided under ballot. recent regularly scheduled general elections this part may be used to renovate or replace ‘‘(IV) TRAINING OF ELECTION OFFICIALS.— for Federal office held in the State. a building or facility which is used primarily The chief State election official shall ensure ‘‘(c) PRO RATA REDUCTIONS.—If the amount for purposes other than the administration that election officials at polling places in the of funds appropriated for grants under this of elections for public office. part is insufficient to ensure that each State State are aware of the requirements of this ‘‘(5) Providing increased technical support receives the amount of the grant calculated for any information technology infrastruc- clause, including the requirement to display under subsection (b), the Commission shall ture that the chief State election official a notice under subclause (III), and are aware make such pro rata reductions in such deems to be part of the State’s election in- that it is a violation of the requirements of amounts as may be necessary to ensure that frastructure or designates as critical to the this title for an election official to fail to the entire amount appropriated under this operation of the State’s election infrastruc- offer an individual the opportunity to cast a part is distributed to the States. ture. vote using a blank pre-printed paper ballot. ‘‘(d) SURPLUS APPROPRIATIONS.—If the ‘‘(6) Enhancing the cybersecurity and oper- ‘‘(V) PERIOD OF APPLICABILITY.—The re- amount of funds appropriated for grants au- ations of the information technology infra- quirements of this clause apply only during thorized under section 297D(a)(2) exceed the structure described in paragraph (4). the period in which the delay is in effect amount necessary to meet the requirements ‘‘(7) Enhancing the cybersecurity of voter under clause (i). of subsection (b), the Commission shall con- registration systems. ‘‘(C) SPECIAL RULE FOR JURISDICTIONS USING sider the following in making a determina- ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE CERTAIN NONTABULATING BALLOT MARKING DE- tion to award remaining funds to a State: VENDORS DESCRIBED.— VICES.—In the case of a jurisdiction which ‘‘(1) The record of the State in carrying out ‘‘(1) IN GENERAL.—For purposes of this uses a nontabulating ballot marking device the following with respect to the administra- part, a ‘qualified election infrastructure ven- which automatically deposits the ballot into tion of elections for Federal office: dor’ is any person who provides, supports, or a privacy sleeve, subparagraph (A) shall ‘‘(A) Providing voting machines that are maintains, or who seeks to provide, support, apply to a voting system in the jurisdiction less than 10 years old. or maintain, election infrastructure on be- ‘‘(B) Implementing strong chain of custody half of a State, unit of local government, or as if the reference in such subparagraph to procedures for the physical security of vot- election agency (as defined in section 801 of ‘any election for Federal office held in 2020 ing equipment and paper records at all the Election Security Act) who meets the or any succeeding year’ were a reference to stages of the process. criteria described in paragraph (2). ‘elections for Federal office occurring held in ‘‘(C) Conducting pre-election testing on ‘‘(2) CRITERIA.—The criteria described in 2022 or each succeeding year’, but only with every voting machine and ensuring that this paragraph are such criteria as the Chair- respect to paragraph (3)(B)(iii)(II) of sub- paper ballots are available wherever elec- man, in coordination with the Secretary of section (a) (relating to nonmanual casting of tronic machines are used. Homeland Security, shall establish and pub- the durable paper ballot).’’. ‘‘(D) Maintaining offline backups of voter lish, and shall include each of the following registration lists. requirements:

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‘‘(A) The vendor must be owned and con- tional material information relating to the LINES DEVELOPMENT COMMITTEE.—Section trolled by a citizen or permanent resident of incident, including technical data, as it be- 221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is the United States. comes available. amended— ‘‘(B) The vendor must disclose to the ‘‘SEC. 297B. ELIGIBILITY OF STATES. (1) by redesignating subparagraph (E) as Chairman and the Secretary, and to the chief ‘‘A State is eligible to receive a grant subparagraph (F); and State election official of any State to which under this part if the State submits to the (2) by inserting after subparagraph (D) the the vendor provides any goods and services Commission, at such time and in such form following new subparagraph: with funds provided under this part, of any as the Commission may require, an applica- ‘‘(E) A representative of the Department of sourcing outside the United States for parts tion containing— Homeland Security.’’. of the election infrastructure. ‘‘(1) a description of how the State will use (d) GOALS OF PERIODIC STUDIES OF ELEC- ‘‘(C) The vendor agrees to ensure that the the grant to carry out the activities author- TION ADMINISTRATION ISSUES; CONSULTATION election infrastructure will be developed and ized under this part; WITH SECRETARY OF HOMELAND SECURITY.— maintained in a manner that is consistent ‘‘(2) a certification and assurance that, not Section 241(a) of such Act (52 U.S.C. 20981(a)) with the cybersecurity best practices issued later than 5 years after receiving the grant, is amended— by the Technical Guidelines Development the State will carry out risk-limiting audits (1) in the matter preceding paragraph (1), Committee. and will carry out voting system security by striking ‘‘the Commission shall’’ and in- ‘‘(D) The vendor agrees to maintain its in- improvements, as described in section 297A; serting ‘‘the Commission, in consultation formation technology infrastructure in a and with the Secretary of Homeland Security (as manner that is consistent with the ‘‘(3) such other information and assurances appropriate), shall’’; cybersecurity best practices issued by the as the Commission may require. (2) by striking ‘‘and’’ at the end of para- Technical Guidelines Development Com- ‘‘SEC. 297C. REPORTS TO CONGRESS. graph (3); mittee. (3) by redesignating paragraph (4) as para- ‘‘(E) The vendor agrees to meet the re- ‘‘Not later than 90 days after the end of graph (5); and quirements of paragraph (3) with respect to each fiscal year, the Commission shall sub- (4) by inserting after paragraph (3) the fol- any known or suspected cybersecurity inci- mit a report to the appropriate congressional lowing new paragraph: dents involving any of the goods and services committees, including the Committees on ‘‘(4) will be secure against attempts to un- provided by the vendor pursuant to a grant Homeland Security, House Administration, dermine the integrity of election systems by under this part. and the Judiciary of the House of Represent- cyber or other means; and’’. ‘‘(F) The vendor agrees to permit inde- atives and the Committees on Homeland Se- pendent security testing by the Commission curity and Governmental Affairs, the Judici- (e) REQUIREMENTS PAYMENTS.— (in accordance with section 231(a)) and by ary, and Rules and Administration of the (1) USE OF PAYMENTS FOR VOTING SYSTEM the Secretary of the goods and services pro- Senate, on the activities carried out with the SECURITY IMPROVEMENTS.—Section 251(b) of vided by the vendor pursuant to a grant funds provided under this part. such Act (52 U.S.C. 21001(b)) is amended by under this part. ‘‘SEC. 297D. AUTHORIZATION OF APPROPRIA- adding at the end the following new para- ‘‘(3) CYBERSECURITY INCIDENT REPORTING TIONS. graph: REQUIREMENTS.— ‘‘(a) AUTHORIZATION.—There are authorized ‘‘(4) PERMITTING USE OF PAYMENTS FOR VOT- ‘‘(A) IN GENERAL.—A vendor meets the re- to be appropriated for grants under this ING SYSTEM SECURITY IMPROVEMENTS.—A quirements of this paragraph if, upon becom- part— State may use a requirements payment to ing aware of the possibility that an election ‘‘(1) $1,000,000,000 for fiscal year 2019; and carry out any of the following activities: cybersecurity incident has occurred involv- ‘‘(2) $175,000,000 for each of the fiscal years ‘‘(A) Cyber and risk mitigation training. ing any of the goods and services provided by 2020, 2022, 2024, and 2026. ‘‘(B) Providing increased technical support the vendor pursuant to a grant under this ‘‘(b) CONTINUING AVAILABILITY OF for any information technology infrastruc- part— AMOUNTS.—Any amounts appropriated pursu- ture that the chief State election official ‘‘(i) the vendor promptly assesses whether ant to the authorization of this section shall deems to be part of the State’s election in- or not such an incident occurred, and sub- remain available until expended.’’. frastructure or designates as critical to the mits a notification meeting the require- (b) CLERICAL AMENDMENT.—The table of operation of the State’s election infrastruc- ments of subparagraph (B) to the Secretary contents of such Act is amended by adding at ture. and the Chairman of the assessment as soon the end of the items relating to subtitle D of ‘‘(C) Enhancing the cybersecurity and op- as practicable (but in no case later than 3 title II the following: erations of the information technology infra- days after the vendor first becomes aware of ‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT structure described in subparagraph (B). the possibility that the incident occurred); PAPER BALLOT VOTING SYSTEMS AND CAR- ‘‘(D) Enhancing the security of voter reg- ‘‘(ii) if the incident involves goods or serv- RYING OUT VOTING SYSTEM SECURITY IM- istration databases.’’. NCORPORATION OF ELECTION INFRASTRUC ices provided to an election agency, the ven- PROVEMENTS (2) I - dor submits a notification meeting the re- TURE PROTECTION IN STATE PLANS FOR USE OF ‘‘Sec. 297. Grants for obtaining compli- quirements of subparagraph (B) to the agen- PAYMENTS.—Section 254(a)(1) of such Act (52 cy as soon as practicable (but in no case ant paper ballot voting systems U.S.C. 21004(a)(1)) is amended by striking the later than 3 days after the vendor first be- and carrying out voting system period at the end and inserting ‘‘, including comes aware of the possibility that the inci- security improvements. the protection of election infrastructure.’’. ‘‘Sec. 297A. Voting system security im- dent occurred), and cooperates with the (3) COMPOSITION OF COMMITTEE RESPONSIBLE provements described. agency in providing any other necessary no- FOR DEVELOPING STATE PLAN FOR USE OF PAY- ‘‘Sec. 297B. Eligibility of States. tifications relating to the incident; and MENTS.—Section 255 of such Act (52 U.S.C. ‘‘Sec. 297C. Reports to Congress. ‘‘(iii) the vendor provides all necessary up- ‘‘Sec. 297D. Authorization of appropria- 21005) is amended— dates to any notification submitted under tions. (A) by redesignating subsection (b) as sub- clause (i) or clause (ii). section (c); and SEC. l112. COORDINATION OF VOTING SYSTEM ‘‘(B) CONTENTS OF NOTIFICATIONS.—Each no- (B) by inserting after subsection (a) the tification submitted under clause (i) or SECURITY ACTIVITIES WITH USE OF REQUIREMENTS PAYMENTS AND following new subsection: clause (ii) of subparagraph (A) shall contain ELECTION ADMINISTRATION RE- ‘‘(b) GEOGRAPHIC REPRESENTATION.—The the following information with respect to QUIREMENTS UNDER HELP AMER- members of the committee shall be a rep- any election cybersecurity incident covered ICA VOTE ACT OF 2002. resentative group of individuals from the by the notification: (a) DUTIES OF ELECTION ASSISTANCE COM- State’s counties, cities, towns, and Indian ‘‘(i) The date, time, and time zone when MISSION.—Section 202 of the Help America tribes, and shall represent the needs of rural the election cybersecurity incident began, if Vote Act of 2002 (52 U.S.C. 20922) is amended as well as urban areas of the State, as the known. in the matter preceding paragraph (1) by case may be.’’. ‘‘(ii) The date, time, and time zone when striking ‘‘by’’ and inserting ‘‘and the secu- (f) ENSURING PROTECTION OF COMPUTERIZED the election cybersecurity incident was de- rity of election infrastructure by’’. STATEWIDE VOTER REGISTRATION LIST.—Sec- tected. (b) MEMBERSHIP OF SECRETARY OF HOME- tion 303(a)(3) of such Act (52 U.S.C. ‘‘(iii) The date, time, and duration of the LAND SECURITY ON BOARD OF ADVISORS OF 21083(a)(3)) is amended by striking the period election cybersecurity incident. ELECTION ASSISTANCE COMMISSION.—Section at the end and inserting ‘‘, as well as other ‘‘(iv) The circumstances of the election 214(a) of such Act (52 U.S.C. 20944(a)) is measures to prevent and deter cybersecurity cybersecurity incident, including the specific amended— incidents, as identified by the Commission, election infrastructure systems believed to (1) by striking ‘‘37 members’’ and inserting the Secretary of Homeland Security, and the have been accessed and information ac- ‘‘38 members’’; and Technical Guidelines Development Com- quired, if any. (2) by adding at the end the following new mittee.’’. ‘‘(v) Any planned and implemented tech- paragraph: nical measures to respond to and recover ‘‘(17) The Secretary of Homeland Security SEC. l113. INCORPORATION OF DEFINITIONS. from the incident. or the Secretary’s designee.’’. (a) IN GENERAL.—Section 901 of the Help ‘‘(vi) In the case of any notification which (c) REPRESENTATIVE OF DEPARTMENT OF America Vote Act of 2002 (52 U.S.C. 21141) is is an update to a prior notification, any addi- HOMELAND SECURITY ON TECHNICAL GUIDE- amended to read as follows:

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‘‘SEC. 901. DEFINITIONS. ‘‘(d) DEFINITIONS.—In this part, the fol- ‘‘PART 8—GRANTS FOR CONDUCTING RISK- ‘‘In this Act, the following definitions lowing definitions apply: LIMITING AUDITS OF RESULTS OF ELECTIONS apply: ‘‘(1) The term ‘ballot manifest’ means a ‘‘Sec. 298. Grants for conducting risk- ‘‘(1) The term ‘cybersecurity incident’ has record maintained by each election agency limiting audits of results of the meaning given the term ‘incident’ in sec- that meets each of the following require- elections. tion 227 of the Homeland Security Act of 2002 ments: ‘‘Sec. 298A. Eligibility of States. (6 U.S.C. 148). ‘‘(A) The record is created without reliance ‘‘Sec. 298B. Authorization of appropria- ‘‘(2) The term ‘election infrastructure’ has on any part of the voting system used to tab- tions. the meaning given such term in section 3501 ulate votes. SEC. l122. GAO ANALYSIS OF EFFECTS OF AU- of the Election Security Act. ‘‘(B) The record functions as a sampling DITS. ‘‘(3) The term ‘State’ means each of the frame for conducting a risk-limiting audit. (a) ANALYSIS.—Not later than 6 months several States, the District of Columbia, the ‘‘(C) The record contains the following in- after the first election for Federal office is Commonwealth of Puerto Rico, Guam, Amer- formation with respect to the ballots cast held after grants are first awarded to States ican Samoa, the United States Virgin Is- and counted in the election: for conducting risk-limiting audits under lands, and the Commonwealth of the North- ‘‘(i) The total number of ballots cast and part 8 of subtitle D of title II of the Help ern Mariana Islands.’’. counted by the agency (including under- America Vote Act of 2002 (as added by sec- (b) CLERICAL AMENDMENT.—The table of votes, overvotes, and other invalid votes). tion l121) for conducting risk-limiting au- contents of such Act is amended by amend- ‘‘(ii) The total number of ballots cast in dits of elections for Federal office, the Comp- ing the item relating to section 901 to read each election administered by the agency troller General of the United States shall as follows: (including undervotes, overvotes, and other conduct an analysis of the extent to which ‘‘Sec. 901. Definitions.’’. invalid votes). such audits have improved the administra- Subtitle B—Grants for Risk-Limiting Audits ‘‘(iii) A precise description of the manner tion of such elections and the security of of Results of Elections in which the ballots are physically stored, election infrastructure in the States receiv- SEC. l121. GRANTS TO STATES FOR CON- including the total number of physical ing such grants. DUCTING RISK-LIMITING AUDITS OF groups of ballots, the numbering system for (b) REPORT.—The Comptroller General of RESULTS OF ELECTIONS. each group, a unique label for each group, the United States shall submit a report on (a) AVAILABILITY OF GRANTS.—Subtitle D of and the number of ballots in each such the analysis conducted under subsection (a) title II of the Help America Vote Act of 2002 group. to the appropriate congressional commit- (52 U.S.C. 21001 et seq.), as amended by sec- ‘‘(2) The term ‘incorrect outcome’ means tees. tion l111(a), is amended by adding at the an outcome that differs from the outcome end the following new part: that would be determined by a full tabula- Subtitle C—Election Infrastructure Innovation Grant Program ‘‘PART 8—GRANTS FOR CONDUCTING tion of all votes validly cast in the election, RISK-LIMITING AUDITS OF RESULTS OF determining voter intent manually, directly SEC. l131. ELECTION INFRASTRUCTURE INNOVA- TION GRANT PROGRAM. ELECTIONS from voter-verifiable paper records. ‘‘(3) The term ‘outcome’ means the winner (a) IN GENERAL.—Title III of the Homeland ‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIM- Security Act of 2002 (6 U.S.C. 181 et seq.) is ITING AUDITS OF RESULTS OF ELEC- of an election, whether a candidate or a posi- TIONS. tion. amended— ‘‘(a) AVAILABILITY OF GRANTS.—The Com- ‘‘(4) The term ‘reported outcome’ means (1) by redesignating the second section 319 mission shall make a grant to each eligible the outcome of an election which is deter- (relating to EMP and GMD mitigation re- State to conduct risk-limiting audits as de- mined according to the canvass and which search and development) as section 320; and scribed in subsection (b) with respect to the will become the official, certified outcome (2) by adding at the end the following new regularly scheduled general elections for unless it is revised by an audit, recount, or section: Federal office held in November 2020 and other legal process. ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVA- each succeeding election for Federal office. ‘‘SEC. 298A. ELIGIBILITY OF STATES. TION GRANT PROGRAM. ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In ‘‘A State is eligible to receive a grant ‘‘(a) ESTABLISHMENT.—The Secretary, act- this part, a ‘risk-limiting audit’ is a post- under this part if the State submits to the ing through the Under Secretary for Science election process— Commission, at such time and in such form and Technology, in coordination with the ‘‘(1) which is conducted in accordance with as the Commission may require, an applica- Chairman of the Election Assistance Com- rules and procedures established by the chief tion containing— mission (established pursuant to the Help State election official of the State which ‘‘(1) a certification that, not later than 5 America Vote Act of 2002) and in consulta- meet the requirements of subsection (c); and years after receiving the grant, the State tion with the Director of the National ‘‘(2) under which, if the reported outcome will conduct risk-limiting audits of the re- Science Foundation and the Director of the of the election is incorrect, there is at least sults of elections for Federal office held in National Institute of Standards and Tech- a predetermined percentage chance that the the State as described in section 298; nology, shall establish a competitive grant audit will replace the incorrect outcome ‘‘(2) a certification that, not later than one program to award grants to eligible entities, with the correct outcome as determined by a year after the date of the enactment of this on a competitive basis, for purposes of re- full, hand-to-eye tabulation of all votes val- section, the chief State election official of search and development that are determined idly cast in that election that ascertains the State has established or will establish to have the potential to significantly im- voter intent manually and directly from the rules and procedures for conducting the prove the security (including cybersecurity), voter-verifiable paper records. audits which meet the requirements of sec- quality, reliability, accuracy, accessibility, ‘‘(c) REQUIREMENTS FOR RULES AND PROCE- tion 298(c); and affordability of election infrastructure, DURES.—The rules and procedures estab- ‘‘(3) a certification that the audit shall be and increase voter participation. lished for conducting a risk-limiting audit completed not later than the date on which ‘‘(b) REPORT TO CONGRESS.—Not later than shall include the following elements: the State certifies the results of the election; 90 days after the conclusion of each fiscal ‘‘(1) Rules for ensuring the security of bal- ‘‘(4) a certification that, after completing year for which grants are awarded under this lots and documenting that prescribed proce- the audit, the State shall publish a report on section, the Secretary shall submit to the dures were followed. the results of the audit, together with such Committee on Homeland Security and the ‘‘(2) Rules and procedures for ensuring the information as necessary to confirm that the Committee on House Administration of the accuracy of ballot manifests produced by audit was conducted properly; House of Representatives and the Committee election agencies. ‘‘(5) a certification that, if a risk-limiting on Homeland Security and Governmental Af- ‘‘(3) Rules and procedures for governing the audit conducted under this part leads to a fairs and the Committee on Rules and Ad- format of ballot manifests, cast vote records, full manual tally of an election, State law ministration of the Senate a report describ- and other data involved in the audit. requires that the State or election agency ing such grants and analyzing the impact, if ‘‘(4) Methods to ensure that any cast vote shall use the results of the full manual tally any, of such grants on the security and oper- records used in the audit are those used by as the official results of the election; and ation of election infrastructure, and on voter the voting system to tally the election re- ‘‘(6) such other information and assurances participation. sults sent to the chief State election official as the Commission may require. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— and made public. ‘‘SEC. 298B. AUTHORIZATION OF APPROPRIA- There is authorized to be appropriated to the ‘‘(5) Procedures for the random selection of TIONS. Secretary $20,000,000 for each of fiscal years ballots to be inspected manually during each ‘‘There are authorized to be appropriated 2019 through 2027 for purposes of carrying out audit. for grants under this part $20,000,000 for fis- this section. ‘‘(6) Rules for the calculations and other cal year 2019, to remain available until ex- ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this methods to be used in the audit and to deter- pended.’’. section, the term ‘eligible entity’ means— mine whether and when the audit of an elec- (b) CLERICAL AMENDMENT.—The table of ‘‘(1) an institution of higher education (as tion is complete. contents of such Act, as amended by section defined in section 101(a) of the Higher Edu- ‘‘(7) Procedures and requirements for test- l111(b), is further amended by adding at the cation Act of 1965 (20 U.S.C. 1001(a)), includ- ing any software used to conduct risk-lim- end of the items relating to subtitle D of ing an institution of higher education that is iting audits. title II the following: a historically Black college or university

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 S3386 CONGRESSIONAL RECORD — SENATE June 12, 2019 (which has the meaning given the term ‘‘part ministration of elections, as designated by full scope of threats to election infrastruc- B institution’’ in section 322 of such Act (20 the chief State election official; and ture, including cybersecurity threats posed U.S.C. 1061)) or other minority-serving insti- (3) facilitate the issuance of a temporary by state actors and terrorist groups, and rec- tution listed in section 371(a) of such Act (20 clearance to the chief State election official ommendations to address or mitigate the U.S.C. 1067q(a)); and other appropriate State personnel in- threats, as developed by the Secretary and ‘‘(2) an organization described in section volved in the administration of elections, as Chairman, to— 501(c)(3) of the Internal Revenue Code of 1986 designated by the chief State election offi- (1) the chief State election official of each and exempt from tax under section 501(a) of cial, if the Secretary determines classified State; such Code; or information to be timely and relevant to the (2) the Committees on Homeland Security ‘‘(3) an organization, association, or a for- election infrastructure of the State at issue. and House Administration of the House of profit company, including a small business SEC. l204. SECURITY RISK AND VULNERABILITY Representatives and the Committees on concern (as such term is defined under sec- ASSESSMENTS. Homeland Security and Governmental Af- tion 3 of the Small Business Act (15 U.S.C. (a) IN GENERAL.—Paragraph (6) of section fairs and Rules and Administration of the 632)), including a small business concern 2209(c) of the Homeland Security Act of 2002 Senate; and owned and controlled by socially and eco- (6 U.S.C. 659(c)) is amended by inserting ‘‘(in- (3) any other appropriate congressional nomically disadvantaged individuals as de- cluding by carrying out a security risk and committees. fined under section 8(d)(3)(C) of the Small vulnerability assessment)’’ after ‘‘risk man- (b) UPDATES TO INITIAL ASSESSMENTS.—If, Business Act (15 U.S.C. 637(d)(3)(C)).’’. agement support’’. at any time after submitting an assessment (b) DEFINITION.—Section 2 of the Homeland (b) PRIORITIZATION TO ENHANCE ELECTION with respect to an election under subsection Security Act of 2002 (6 U.S.C. 101) is amend- SECURITY.— (a), the Director of National Intelligence de- ed— (1) IN GENERAL.—Not later than 90 days termines that the assessment should be up- (1) by redesignating paragraphs (6) through after receiving a written request from a chief dated to reflect new information regarding (20) as paragraphs (7) through (21), respec- State election official, the Secretary shall, the threats involved, the Director shall sub- tively; and to the extent practicable, commence a secu- mit a revised assessment under such sub- (2) by inserting after paragraph (5) the fol- rity risk and vulnerability assessment (pur- section. lowing new paragraph: suant to paragraph (6) of section 2209(c) of (c) DEFINITIONS.—In this section, the fol- ‘‘(6) ELECTION INFRASTRUCTURE.—The term the Homeland Security Act of 2002, as lowing definitions apply: ‘election infrastructure’ means storage fa- amended by subsection (a)) on election infra- (1) The term ‘‘Chairman’’ means the chair cilities, polling places, and centralized vote structure in the State at issue. of the Election Assistance Commission. tabulation locations used to support the ad- (2) NOTIFICATION.—If the Secretary, upon (2) The term ‘‘chief State election official’’ ministration of elections for public office, as receipt of a request described in paragraph means, with respect to a State, the indi- well as related information and communica- (1), determines that a security risk and vul- vidual designated by the State under section tions technology, including voter registra- nerability assessment cannot be commenced 10 of the National Voter Registration Act of tion databases, voting machines, electronic within 90 days, the Secretary shall expedi- 1993 (52 U.S.C. 20509) to be responsible for co- mail and other communications systems (in- tiously notify the chief State election offi- ordination of the State’s responsibilities cluding electronic mail and other systems of cial who submitted such request. under such Act. vendors who have entered into contracts SEC. l205. ANNUAL REPORTS. (3) The term ‘‘election infrastructure’’ with election agencies to support the admin- (a) REPORTS ON ASSISTANCE AND ASSESS- means storage facilities, polling places, and istration of elections, manage the election MENTS.—Not later than one year after the centralized vote tabulation locations used to process, and report and display election re- date of the enactment of this Act and annu- support the administration of elections for sults), and other systems used to manage the ally thereafter through 2026, the Secretary public office, as well as related information election process and to report and display shall submit to the appropriate congres- and communications technology, including election results on behalf of an election sional committees— voter registration databases, voting ma- agency.’’. (1) efforts to carry out section 203 during chines, electronic mail and other commu- (c) CLERICAL AMENDMENT.—The table of the prior year, including specific informa- nications systems (including electronic mail contents in section 1(b) of the Homeland Se- tion on which States were helped, how many and other systems of vendors who have en- curity Act of 2002 is amended by striking officials have been helped in each State, how tered into contracts with election agencies both items relating to section 319 and the many security clearances have been spon- to support the administration of elections, item relating to section 318 and inserting the sored in each State, and how many tem- manage the election process, and report and following new items: porary clearances have been issued in each display election results), and other systems ‘‘Sec. 318. Social media working group. State; and used to manage the election process and to ‘‘Sec. 319. Transparency in research and de- (2) efforts to carry out section 204 during report and display election results on behalf velopment. the prior year, including specific informa- of an election agency. ‘‘Sec. 320. EMP and GMD mitigation re- tion on which States were helped, the dates (4) The term ‘‘Secretary’’ means the Sec- search and development. on which the Secretary received a request retary of Homeland Security. ‘‘Sec. 321. Election infrastructure innova- for a security risk and vulnerability assess- (5) The term ‘‘State’’ has the meaning tion grant program.’’. ment pursuant to such section, the dates on given such term in section 901 of the Help TITLE II—SECURITY MEASURES which the Secretary commenced each such America Vote Act of 2002 (52 U.S.C. 21141). SEC. l201. ELECTION INFRASTRUCTURE DES- request, and the dates on which the Sec- (d) EFFECTIVE DATE.—This title shall apply IGNATION. retary transmitted a notification in accord- with respect to the regularly scheduled gen- Subparagraph (J) of section 2001(3) of the ance with subsection (b)(2) of such section. eral election for Federal office held in No- Homeland Security Act of 2002 (6 U.S.C. (b) REPORTS ON FOREIGN THREATS.—Not vember 2020 and each succeeding regularly 601(3)) is amended by inserting ‘‘, including later than 90 days after the end of each fiscal scheduled general election for Federal office. election infrastructure’’ before the period at year (beginning with fiscal year 2019), the TITLE III—ENHANCING PROTECTIONS the end. Secretary and the Director of National Intel- FOR UNITED STATES DEMOCRATIC IN- SEC. l202. TIMELY THREAT INFORMATION. ligence, in coordination with the heads of ap- STITUTIONS Subsection (d) of section 201 of the Home- propriate offices of the Federal government, SEC. l301. NATIONAL STRATEGY TO PROTECT land Security Act of 2002 (6 U.S.C. 121) is shall submit a joint report to the appro- UNITED STATES DEMOCRATIC INSTI- amended by adding at the end the following priate congressional committees on foreign TUTIONS. new paragraph: threats to elections in the United States, in- (a) IN GENERAL.—Not later than one year ‘‘(24) To provide timely threat information cluding physical and cybersecurity threats. after the date of the enactment of this Act, regarding election infrastructure to the chief (c) INFORMATION FROM STATES.—For pur- the President, acting through the Secretary, State election official of the State with re- poses of preparing the reports required under in consultation with the Chairman, the Sec- spect to which such information pertains.’’. this section, the Secretary shall solicit and retary of Defense, the Secretary of State, the SEC. l203. SECURITY CLEARANCE ASSISTANCE consider information and comments from Attorney General, the Secretary of Edu- FOR ELECTION OFFICIALS. States and election agencies, except that the cation, the Director of National Intelligence, In order to promote the timely sharing of provision of such information and comments the Chairman of the Federal Election Com- information on threats to election infra- by a State or election agency shall be vol- mission, and the heads of any other appro- structure, the Secretary may— untary and at the discretion of the State or priate Federal agencies, shall issue a na- (1) help expedite a security clearance for agency. tional strategy to protect against cyber at- the chief State election official and other ap- SEC. l206. PRE-ELECTION THREAT ASSESS- tacks, influence operations, disinformation propriate State personnel involved in the ad- MENTS. campaigns, and other activities that could ministration of elections, as designated by (a) SUBMISSION OF ASSESSMENT BY DNI.— undermine the security and integrity of the chief State election official; Not later than 180 days before the date of United States democratic institutions. (2) sponsor a security clearance for the each regularly scheduled general election for (b) CONSIDERATIONS.—The national strat- chief State election official and other appro- Federal office, the Director of National In- egy required under subsection (a) shall in- priate State personnel involved in the ad- telligence shall submit an assessment of the clude consideration of the following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3387 (1) The threat of a foreign state actor, for- cratic Institutions (hereafter in this section take any action that the Commission is au- eign terrorist organization (as designated referred to as the ‘‘Commission’’). thorized to take under this section. pursuant to section 219 of the Immigration (b) PURPOSE.—The purpose of the Commis- (f) POWERS.— and Nationality Act (8 U.S.C. 1189)), or a do- sion is to counter efforts to undermine demo- (1) HEARINGS AND EVIDENCE.—The Commis- mestic actor carrying out a cyber attack, in- cratic institutions within the United States. sion (or, on the authority of the Commission, (c) COMPOSITION.— fluence operation, disinformation campaign, any subcommittee or member thereof) may, (1) MEMBERSHIP.—The Commission shall be or other activity aimed at undermining the for the purpose of carrying out this section, composed of 10 members appointed for the security and integrity of United States hold hearings and sit and act at such times life of the Commission as follows: democratic institutions. and places, take such testimony, receive (A) One member shall be appointed by the (2) The extent to which United States such evidence, and administer such oaths as Secretary. democratic institutions are vulnerable to a the Commission considers advisable to carry cyber attack, influence operation, (B) One member shall be appointed by the Chairman. out its duties. disinformation campaign, or other activity (2) CONTRACTING.—The Commission may, to aimed at undermining the security and in- (C) Two members shall be appointed by the majority leader of the Senate, in consulta- such extent and in such amounts as are pro- tegrity of such democratic institutions. vided in appropriation Acts, enter into con- (3) Potential consequences, such as an ero- tion with the Chairman of the Committee on Homeland Security and Governmental Af- tracts to enable the Commission to discharge sion of public trust or an undermining of the its duties under this section. rule of law, that could result from a success- fairs, the Chairman of the Committee on the Judiciary, and the Chairman of the Com- (g) ASSISTANCE FROM FEDERAL AGENCIES.— ful cyber attack, influence operation, mittee on Rules and Administration. (1) GENERAL SERVICES ADMINISTRATION.— disinformation campaign, or other activity (D) Two members shall be appointed by the The Administrator of General Services shall aimed at undermining the security and in- minority leader of the Senate, in consulta- provide to the Commission on a reimburs- tegrity of United States democratic institu- tion with the ranking minority member of able basis administrative support and other tions. the Committee on Homeland Security and services for the performance of the Commis- (4) Lessons learned from other Western Governmental Affairs, the ranking minority sion’s functions. governments the institutions of which were member of the Committee on the Judiciary, (2) OTHER DEPARTMENTS AND AGENCIES.—In subject to a cyber attack, influence oper- and the ranking minority member of the addition to the assistance provided under ation, disinformation campaign, or other ac- Committee on Rules and Administration. paragraph (1), the Department of Homeland tivity aimed at undermining the security (E) Two members shall be appointed by the Security, the Election Assistance Commis- and integrity of such institutions, as well as Speaker of the House of Representatives, in sion, and other appropriate departments and actions that could be taken by the United consultation with the Chairman of the Com- agencies of the United States shall provide States Government to bolster collaboration mittee on Homeland Security, the Chairman to the Commission such services, funds, fa- with foreign partners to detect, deter, pre- of the Committee on House Administration, cilities, and staff as they may determine ad- vent, and counter such activities. and the Chairman of the Committee on the visable and as may be authorized by law. (5) Potential impacts such as an erosion of Judiciary. public trust in democratic institutions as (h) PUBLIC MEETINGS.—Any public meet- (F) Two members shall be appointed by the could be associated with a successful cyber ings of the Commission shall be conducted in minority leader of the House of Representa- breach or other activity negatively-affecting a manner consistent with the protection of tives, in consultation with the ranking mi- election infrastructure. information provided to or developed for or nority member of the Committee on Home- (6) Roles and responsibilities of the Sec- by the Commission as required by any appli- land Security, the ranking minority member retary, the Chairman, and the heads of other cable statute, regulation, or Executive order. of the Committee on the Judiciary, and the Federal entities and non-Federal entities, in- (i) SECURITY CLEARANCES.— ranking minority member of the Committee cluding chief State election officials and rep- (1) IN GENERAL.—The heads of appropriate on House Administration. resentatives of multi-state information shar- departments and agencies of the executive (2) QUALIFICATIONS.—Individuals shall be ing and analysis center. branch shall cooperate with the Commission selected for appointment to the Commission (7) Any findings, conclusions, and rec- to expeditiously provide Commission mem- solely on the basis of their professional ommendations to strengthen protections for bers and staff with appropriate security qualifications, achievements, public stature, United States democratic institutions that clearances to the extent possible under ap- experience, and expertise in relevant fields, have been agreed to by a majority of Com- plicable procedures and requirements. including, but not limited to cybersecurity, mission members on the National Commis- (2) PREFERENCES.—In appointing staff, ob- national security, and the Constitution of sion to Protect United States Democratic In- taining detailees, and entering into con- the United States. stitutions, authorized pursuant to section tracts for the provision of services for the (3) NO COMPENSATION FOR SERVICE.—Mem- 302. Commission, the Commission shall give pref- bers shall not receive compensation for serv- (c) IMPLEMENTATION PLAN.—Not later than erence to individuals otherwise who have ac- 90 days after the issuance of the national ice on the Commission, but shall receive tive security clearances. travel expenses, including per diem in lieu of strategy required under subsection (a), the (j) REPORTS.— subsistence, in accordance with chapter 57 of President, acting through the Secretary, in (1) INTERIM REPORTS.—At any time prior to title 5, United States Code. coordination with the Chairman, shall issue the submission of the final report under (4) DEADLINE FOR APPOINTMENT.—All mem- an implementation plan for Federal efforts paragraph (2), the Commission may submit bers of the Commission shall be appointed no to implement such strategy that includes interim reports to the President and Con- later than 60 days after the date of the enact- the following: gress such findings, conclusions, and rec- ment of this Act. (1) Strategic objectives and corresponding ommendations to strengthen protections for (5) VACANCIES.—A vacancy on the Commis- tasks. democratic institutions in the United States sion shall not affect its powers and shall be (2) Projected timelines and costs for the as have been agreed to by a majority of the filled in the manner in which the original ap- tasks referred to in paragraph (1). members of the Commission. pointment was made. The appointment of (3) Metrics to evaluate performance of such (2) FINAL REPORT.—Not later than 18 the replacement member shall be made not tasks. months after the date of the first meeting of later than 60 days after the date on which (d) CLASSIFICATION.—The national strategy the Commission, the Commission shall sub- required under subsection (a) shall be in un- the vacancy occurs. (d) CHAIR AND VICE CHAIR.—The Commis- mit to the President and Congress a final re- classified form. port containing such findings, conclusions, (e) CIVIL RIGHTS REVIEW.—Not later than 60 sion shall elect a Chair and Vice Chair from and recommendations to strengthen protec- days after the issuance of the national strat- among its members. tions for democratic institutions in the egy required under subsection (a), and not (e) QUORUM AND MEETINGS.— United States as have been agreed to by a later than 60 days after the issuance of the (1) QUORUM.—The Commission shall meet majority of the members of the Commission. implementation plan required under sub- and begin the operations of the Commission section (c), the Privacy and Civil Liberties not later than 30 days after the date on (k) TERMINATION.— Oversight Board (established under section which all members have been appointed or, if (1) IN GENERAL.—The Commission shall ter- 1061 of the Intelligence Reform and Ter- such meeting cannot be mutually agreed minate upon the expiration of the 60-day pe- rorism Prevention Act of 2004 (42 U.S.C. upon, on a date designated by the Speaker of riod which begins on the date on which the 2000ee)) shall submit a report to Congress on the House of Representatives and the Presi- Commission submits the final report re- any potential privacy and civil liberties im- dent pro Tempore of the Senate. Each subse- quired under subsection (j)(2). pacts of such strategy and implementation quent meeting shall occur upon the call of (2) ADMINISTRATIVE ACTIVITIES PRIOR TO plan, respectively. the Chair or a majority of its members. A TERMINATION.—During the 60-day period de- SEC. l302. NATIONAL COMMISSION TO PROTECT majority of the members of the Commission scribed in paragraph (2), the Commission UNITED STATES DEMOCRATIC INSTI- shall constitute a quorum, but a lesser num- may carry out such administrative activities TUTIONS. ber may hold meetings. as may be required to conclude its work, in- (a) ESTABLISHMENT.—There is established (2) AUTHORITY OF INDIVIDUALS TO ACT FOR cluding providing testimony to committees within the legislative branch the National COMMISSION.—Any member of the Commis- of Congress concerning the final report and Commission to Protect United States Demo- sion may, if authorized by the Commission, disseminating the final report.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 S3388 CONGRESSIONAL RECORD — SENATE June 12, 2019

TITLE IV—PROMOTING CYBERSECURITY ‘‘(1) to retain the list of registered voters (1) NO REQUIREMENT TO PARTICIPATE IN PRO- THROUGH IMPROVEMENTS IN ELEC- at a polling location, or vote center, or other GRAM.—Participation in the Program shall TION ADMINISTRATION location at which voters cast votes in an be entirely voluntary for State and local SEC. l401. TESTING OF EXISTING VOTING SYS- election for Federal office; and election officials and election service pro- TEMS TO ENSURE COMPLIANCE ‘‘(2) to identify registered voters who are viders. WITH ELECTION CYBERSECURITY eligible to vote in an election.’’. (2) ENCOURAGING PARTICIPATION AND INPUT GUIDELINES AND OTHER GUIDE- (c) EFFECTIVE DATE.—Section 301(e) of such FROM ELECTION OFFICIALS.—In developing the LINES. Act (52 U.S.C. 21081(e)), as redesignated by Program, the Secretary shall solicit input (a) REQUIRING TESTING OF EXISTING VOTING subsection (b), is amended by striking the from, and encourage participation by, State SYSTEMS.— period at the end and inserting the following: and local election officials. (1) IN GENERAL.—Section 231(a) of the Help ‘‘, or, with respect to any requirements re- America Vote Act of 2002 (52 U.S.C. 20971(a)) lating to electronic poll books, on and after (c) ACTIVITIES FUNDED.—In establishing is amended by adding at the end the fol- January 1, 2020.’’. and carrying out the Program, the Secretary lowing new paragraph: SEC. l403. PRE-ELECTION REPORTS ON VOTING shall— ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH SYSTEM USAGE. (1) establish a process for State and local GUIDELINES.— (a) REQUIRING STATES TO SUBMIT RE- election officials and election service pro- ‘‘(A) TESTING.—Not later than 9 months be- PORTS.—Title III of the Help America Vote viders to voluntarily participate in the Pro- fore the date of each regularly scheduled Act of 2002 (52 U.S.C. 21081 et seq.) is amend- gram; general election for Federal office, the Com- ed by inserting after section 301 the fol- (2) designate appropriate information sys- mission shall provide for the testing by ac- lowing new section: tems to be included in the Program; credited laboratories under this section of ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING (3) provide compensation to eligible indi- the voting system hardware and software SYSTEM USAGE. viduals, organizations, and companies for re- which was certified for use in the most re- ‘‘(a) REQUIRING STATES TO SUBMIT RE- ports of previously unidentified security cent such election, on the basis of the most PORTS.—Not later than 120 days before the vulnerabilities within the information sys- recent voting system guidelines applicable date of each regularly scheduled general tems designated under subparagraph (A) and to such hardware or software (including elec- election for Federal office, the chief State establish criteria for individuals, organiza- tion cybersecurity guidelines) issued under election official of a State shall submit a re- tions, and companies to be considered eligi- this Act. port to the Commission containing a de- ble for such compensation in compliance ‘‘(B) DECERTIFICATION OF HARDWARE OR tailed voting system usage plan for each ju- with Federal laws; SOFTWARE FAILING TO MEET GUIDELINES.—If, risdiction in the State which will administer (4) consult with the Attorney General on on the basis of the testing described in sub- the election, including a detailed plan for paragraph (A), the Commission determines how to ensure that approved individuals, or- the usage of electronic poll books and other ganizations, or companies that comply with that any voting system hardware or software equipment and components of such system. the requirements of the Program are pro- does not meet the most recent guidelines ap- ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall plicable to such hardware or software issued apply with respect to the regularly scheduled tected from prosecution under section 1030 of under this Act, the Commission shall decer- general election for Federal office held in title 18, United States Code, and similar pro- tify such hardware or software.’’. November 2020 and each succeeding regularly visions of law, and from liability under civil (2) EFFECTIVE DATE.—The amendment scheduled general election for Federal of- actions for specific activities authorized made by paragraph (1) shall apply with re- fice.’’. under the Program; spect to the regularly scheduled general (b) CONFORMING AMENDMENT RELATING TO (5) consult with the Secretary of Defense election for Federal office held in November ENFORCEMENT.—Section 401 of such Act (52 and the heads of other departments and 2020 and each succeeding regularly scheduled U.S.C. 21111) is amended by striking ‘‘sec- agencies that have implemented programs to general election for Federal office. tions 301, 302, and 303’’ and inserting ‘‘sub- provide compensation for reports of pre- (b) ISSUANCE OF CYBERSECURITY GUIDELINES title A of title III’’. viously undisclosed vulnerabilities in infor- BY TECHNICAL GUIDELINES DEVELOPMENT (c) CLERICAL AMENDMENT.—The table of mation systems, regarding lessons that may COMMITTEE.—Section 221(b) of the Help contents of such Act is amended by inserting be applied from such programs; America Vote Act of 2002 (52 U.S.C. 20961(b)) after the item relating to section 301 the fol- (6) develop an expeditious process by which is amended by adding at the end the fol- lowing new item: an individual, organization, or company can lowing new paragraph: ‘‘Sec. 301A. Pre-election reports on voting register with the Department, submit to a ‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— system usage.’’. background check as determined by the De- Not later than 6 months after the date of the SEC. l404. STREAMLINING COLLECTION OF partment, and receive a determination as to enactment of this paragraph, the Develop- ELECTION INFORMATION. eligibility for participation in the Program; ment Committee shall issue election Section 202 of the Help America Vote Act and cybersecurity guidelines, including stand- of 2002 (52 U.S.C. 20922) is amended— (7) engage qualified interested persons, in- ards and best practices for procuring, main- (1) by striking ‘‘The Commission’’ and in- cluding representatives of private entities, taining, testing, operating, and updating serting ‘‘(a) IN GENERAL.—The Commission’’; about the structure of the Program and, to election systems to prevent and deter and the extent practicable, establish a recurring cybersecurity incidents.’’. (2) by adding at the end the following new competition for independent technical ex- SEC. l402. TREATMENT OF ELECTRONIC POLL subsection: perts to assess election systems for the pur- BOOKS AS PART OF VOTING SYS- ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.— pose of identifying and reporting election TEMS. Subchapter I of chapter 35 of title 44, United cybersecurity vulnerabilities; (a) INCLUSION IN DEFINITION OF VOTING SYS- States Code, shall not apply to the collection TEM.—Section 301(b) of the Help America of information for purposes of maintaining (d) USE OF SERVICE PROVIDERS.—The Sec- Vote Act of 2002 (52 U.S.C. 21081(b)) is amend- the clearinghouse described in paragraph (1) retary may award competitive contracts as ed— of subsection (a).’’. necessary to manage the Program. (1) in the matter preceding paragraph (1), by striking ‘‘this section’’ and inserting TITLE V—PREVENTING ELECTION SEC. l503. DEFINITIONS. HACKING ‘‘this Act’’; In this title, the following definitions SEC. l501. SHORT TITLE. (2) by striking ‘‘and’’ at the end of para- apply: graph (1); This title may be cited as the ‘‘Prevent Election Hacking Act of 2019’’. (1) The terms ‘‘election’’ and ‘‘Federal of- (3) by redesignating paragraph (2) as para- fice’’ have the meanings given such terms in graph (3); and SEC. l502. ELECTION SECURITY BUG BOUNTY section 301 of the Federal Election Campaign (4) by inserting after paragraph (1) the fol- PROGRAM. Act of 1971 (52 U.S.C. 30101). lowing new paragraph: (a) ESTABLISHMENT.—Not later than 1 year (2) The term ‘‘election cybersecurity vul- ‘‘(2) any electronic poll book used with re- after the date of the enactment of this Act, nerability’’ means any security vulnerability spect to the election; and’’. the Secretary shall establish a program to be (as defined in section 102 of the (b) DEFINITION.—Section 301 of such Act (52 known as the ‘‘Election Security Bug Boun- U.S.C. 21081) is amended— ty Program’’ (hereafter in this subtitle re- Cybersecurity Information Sharing Act of (1) by redesignating subsections (c) and (d) ferred to as the ‘‘Program’’) to improve the 2015 (6 U.S.C. 1501)) that affects an election as subsections (d) and (e); and cybersecurity of the systems used to admin- system. (2) by inserting after subsection (b) the fol- ister elections for Federal office by facili- (3) The term ‘‘election service provider’’ lowing new subsection: tating and encouraging assessments by inde- means any person providing, supporting, or ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In pendent technical experts, in cooperation maintaining an election system on behalf of this Act, the term ‘electronic poll book’ with State and local election officials and a State or local election official, such as a means the total combination of mechanical, election service providers, to identify and re- contractor or vendor. electromechanical, or electronic equipment port election cybersecurity vulnerabilities. (4) The term ‘‘election system’’ means any (including the software, firmware, and docu- (b) VOLUNTARY PARTICIPATION BY ELECTION information system (as defined in section mentation required to program, control, and OFFICIALS AND ELECTION SERVICE PRO- 3502 of title 44, United States Code) which is support the equipment) that is used— VIDERS.— part of an election infrastructure.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3389 (5) The term ‘‘Secretary’’ means the Sec- occurring in November 2022, each State shall amendment intended to be proposed by retary of Homeland Security, or, upon des- seek to ensure that any voting machine used him to the bill S. 1790, to authorize ap- ignation by the Secretary of Homeland Secu- in such election and in any subsequent elec- propriations for fiscal year 2020 for rity, the Deputy Secretary of Homeland Se- tion for Federal office is manufactured in military activities of the Department curity, the Director of Cybersecurity and In- the United States.’’. of Defense, for military construction, frastructure Security of the Department of TITLE VIII—MISCELLANEOUS PROVISIONS Homeland Security, or a Senate-confirmed and for defense activities of the De- SEC. l801. DEFINITIONS. partment of Energy, to prescribe mili- official that reports to the Director. Except as provided in section 503, in this (6) The term ‘‘State’’ means each of the division, the following definitions apply: tary personnel strengths for such fiscal several States, the District of Columbia, the (1) The term ‘‘Chairman’’ means the chair year, and for other purposes; which was Commonwealth of Puerto Rico, Guam, Amer- of the Election Assistance Commission. ordered to lie on the table; as follows: ican Samoa, the Commonwealth of Northern (2) The term ‘‘appropriate congressional At the end of subtitle G of title V, add the Mariana Islands, and the United States Vir- committees’’ means the Committees on following: gin Islands. Homeland Security and House Administra- SEC. 589. REVIEW ON AWARD OF THE MEDAL OF (7) The term ‘‘voting system’’ has the tion of the House of Representatives and the HONOR TO CERTAIN WORLD WAR I meaning given such term in section 301(b) of Committees on Homeland Security and Gov- VETERANS. the Help America Vote Act of 2002 (52 U.S.C. ernmental Affairs and Rules and Administra- (a) REVIEW REQUIRED.—Each Secretary 21081(b)). tion of the Senate. concerned shall review the service records of TITLE VI—ELECTION SECURITY GRANTS (3) The term ‘‘chief State election official’’ each World War I veteran described in sub- ADVISORY COMMITTEE means, with respect to a State, the indi- section (b) under the jurisdiction of such Secretary who is recommended for such re- SEC. l601. ESTABLISHMENT OF ADVISORY COM- vidual designated by the State under section MITTEE. 10 of the National Voter Registration Act of view by the Valor Medals Review Task Force referred to in subsection (c), or another vet- (a) IN GENERAL.—Subtitle A of title II of 1993 (52 U.S.C. 20509) to be responsible for co- the Help America Vote Act of 2002 (52 U.S.C. ordination of the State’s responsibilities erans service organization, in order to deter- mine whether such veteran should be award- 20921 et seq.) is amended by adding at the end under such Act. ed the Medal of Honor for valor during World the following: (4) The term ‘‘Commission’’ means the Election Assistance Commission. War I. ‘‘PART 4—ELECTION SECURITY GRANTS (5) The term ‘‘democratic institutions’’ (b) COVERED WORLD WAR I VETERANS.—The ADVISORY COMMITTEE means the diverse range of institutions that World War I veterans whose service records ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVI- are essential to ensuring an independent ju- are to be reviewed under subsection (a) are SORY COMMITTEE. diciary, free and fair elections, and rule of the following: ‘‘(a) ESTABLISHMENT.—There is hereby es- law. (1) Any African American war veteran, tablished an advisory committee (herein- (6) The term ‘‘election agency’’ means any Asian American war veteran, Hispanic Amer- after in this part referred to as the ‘Com- component of a State, or any component of ican war veteran, Jewish American war vet- mittee’) to assist the Commission with re- a unit of local government in a State, which eran, or Native American war veteran who spect to the award of grants to States under is responsible for the administration of elec- was awarded the Distinguished Service Cross this Act for the purpose of election security. tions for Federal office in the State. or the Navy Cross for an action that oc- ‘‘(b) DUTIES.— (7) The term ‘‘election infrastructure’’ curred between April 6, 1917, and November ‘‘(1) IN GENERAL.—The Committee shall, means storage facilities, polling places, and 11, 1918. with respect to an application for a grant re- centralized vote tabulation locations used to (2) Any African American war veteran, ceived by the Commission— support the administration of elections for Asian American war veteran, Hispanic Amer- ‘‘(A) review such application; and public office, as well as related information ican war veteran, Jewish American war vet- ‘‘(B) recommend to the Commission wheth- and communications technology, including eran, or Native American war veteran who er to award the grant to the applicant. voter registration databases, voting ma- was awarded the Croix de Guerre with Palm ‘‘(2) CONSIDERATIONS.—In reviewing an ap- chines, electronic mail and other commu- (that is, awarded at the Army level or above) plication pursuant to paragraph (1)(A), the nications systems (including electronic mail by the Government of France for an action Committee shall consider— and other systems of vendors who have en- that occurred between April 6, 1917, and No- ‘‘(A) the record of the applicant with re- tered into contracts with election agencies vember 11, 1918. spect to— to support the administration of elections, (3) Any African American war veteran, ‘‘(i) compliance of the applicant with the manage the election process, and report and Asian American war veteran, Hispanic Amer- requirements under subtitle A of title III; display election results), and other systems ican war veteran, Jewish American war vet- and used to manage the election process and to eran, or Native American war veteran who ‘‘(ii) adoption of voluntary guidelines report and display election results on behalf was recommended for a Medal of Honor for issued by the Commission under subtitle B of of an election agency. an action that occurred from April 6, 1917, to title III; and (8) The term ‘‘Secretary’’ means the Sec- November 11, 1918. ‘‘(B) the goals and requirements of election retary of Homeland Security. (c) CONSULTATIONS.—In carrying out the re- security as described in title III of the For (9) The term ‘‘State’’ has the meaning view under subsection (a), each Secretary the People Act of 2019. given such term in section 901 of the Help concerned shall consult at least once each ‘‘(c) MEMBERSHIP.—The Committee shall be America Vote Act of 2002 (52 U.S.C. 21141). fiscal year quarter with the Valor Medals composed of 15 individuals appointed by the SEC. l802. INITIAL REPORT ON ADEQUACY OF Review Task Force, jointly established by Executive Director of the Commission with RESOURCES AVAILABLE FOR IMPLE- the United States Foundation for the Com- experience and expertise in election security. MENTATION. memoration of the World Wars (in consulta- ‘‘(d) NO COMPENSATION FOR SERVICE.—Mem- Not later than 120 days after enactment of tion with the United States World War One bers of the Committee shall not receive any this Act, the Chairman and the Secretary Centennial Commission) and the George S. compensation for their service, but shall be shall submit a report to the appropriate Robb Centre for the Study of the Great War, paid travel expenses, including per diem in committees of Congress, including the Com- and with such other veterans service organi- mittees on Homeland Security and House lieu of subsistence, at rates authorized for zations as such Secretary considers appro- Administration of the House of Representa- employees of agencies under subchapter I of priate, until the conclusion of the review. tives and the Committee on Homeland Secu- chapter 57 of title 5, United States Code, (d) RECOMMENDATION BASED ON REVIEW.—If rity and Governmental Affairs of the Senate, while away from their homes or regular a Secretary concerned determines, based analyzing the adequacy of the funding, re- upon the review under subsection (a), that places of business in the performance of serv- sources, and personnel available to carry out ices for the Committee.’’. the award of the Medal of Honor to a covered this division and the amendments made by World War I veteran is warranted, such Sec- (b) EFFECTIVE DATE.—The amendments this division. made by this section shall take effect 1 year retary shall submit to the President a rec- after the date of enactment of this Act. TITLE IX—SEVERABILITY ommendation that the President award the SEC. l901. SEVERABILITY. Medal of Honor to that veteran. TITLE VII—USE OF VOTING MACHINES If any provision of this division or amend- (e) AUTHORITY TO AWARD MEDAL OF MANUFACTURED IN THE UNITED STATES ment made by this division, or the applica- HONOR.—The Medal of Honor may be awarded SEC. l701. USE OF VOTING MACHINES MANUFAC- tion of a provision or amendment to any per- to a World War I veteran in accordance with TURED IN THE UNITED STATES. son or circumstance, is held to be unconsti- a recommendation of a Secretary concerned Section 301(a) of the Help America Vote tutional, the remainder of this division and under subsection (d). Act of 2002 (52 U.S.C. 21081(a)), as amended by amendments made by this division, and the (f) WAIVER OF TIME LIMITATIONS.—An section l104 and section l105, is amended by application of the provisions and amendment award of the Medal of Honor may be made adding at the end the following new para- to any person or circumstance, shall not be under subsection (e) without regard to— graph: affected by the holding. (1) section 7274 or 8298 of title 10, United ‘‘(9) VOTING MACHINE REQUIREMENTS.—By States Code, as applicable; and not later than the date of the regularly SA 283. Mr. VAN HOLLEN (for him- (2) any regulation or other administrative scheduled general election for Federal office self and Mr. BLUNT) submitted an restriction on—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.061 S12JNPT1 S3390 CONGRESSIONAL RECORD — SENATE June 12, 2019 (A) the time for awarding the Medal of thorized to issue an appropriate honorary At the end of subtitle C of title VIII, add Honor; or commission promoting to brigadier general the following: (B) the awarding of the Medal of Honor for in the Air Force Colonel Charles E. McGee, SEC. 835. REQUIREMENT FOR CERTAIN NAVAL service for which a Distinguished Service United States Air Force (retired), a distin- VESSEL COMPONENTS TO BE MANU- Cross or Navy Cross has been awarded. guished Tuskegee Airman whose honorary FACTURED IN THE NATIONAL TECH- (g) DEFINITIONS.— promotion has the recommendation of the NOLOGY AND INDUSTRIAL BASE. (1) IN GENERAL.—In this section: Secretary of the Air Force in accordance Section 2534(a)(3)(A) of title 10, United (A) The term ‘‘Secretary concerned’’ with the provisions section 1563 of title 10, States Code, is amended by adding at the end means— United States Code. the following new clauses: (i) the Secretary of the Army, in the case ‘‘(iv) Auxiliary equipment, including of members of the Armed Forces who served SA 285. Mr. VAN HOLLEN submitted pumps, for all shipboard services. in the Army between April 6, 1917, and No- an amendment intended to be proposed ‘‘(v) Propulsion system components (en- vember 11, 1918; and by him to the bill S. 1790, to authorize gines, reduction gears, and propellers). (ii) the Secretary of the Navy, in the case appropriations for fiscal year 2020 for ‘‘(vi) Shipboard cranes. of members of the Armed Forces who served military activities of the Department ‘‘(vii) Spreaders for shipboard cranes.’’. in the Navy or the Marine Corps between of Defense, for military construction, April 6, 1917, and November 11, 1918. and for defense activities of the De- SA 287. Ms. BALDWIN submitted an (B) The term ‘‘African American war vet- partment of Energy, to prescribe mili- amendment intended to be proposed by eran’’ means any person who served in the tary personnel strengths for such fiscal her to the bill S. 1790, to authorize ap- United States Armed Forces between April 6, propriations for fiscal year 2020 for 1917, and November 11, 1918, and who identi- year, and for other purposes; which was ordered to lie on the table; as follows: military activities of the Department fied himself as of African descent on his of Defense, for military construction, military personnel records. At the end of subtitle G of title XII, add (C) The term ‘‘Asian American war vet- the following: and for defense activities of the De- eran’’ means any person who served in the SEC. 1290. REQUIREMENTS FOR CIVIL NUCLEAR partment of Energy, to prescribe mili- United States Armed Forces between April 6, COOPERATION AGREEMENTS WITH tary personnel strengths for such fiscal 1917, and November 11, 1918, and who identi- THE KINGDOM OF SAUDI ARABIA. year, and for other purposes; which was fied himself racially, nationally, or eth- (a) REQUIREMENTS FOR AGREEMENT.—Any ordered to lie on the table; as follows: United States-Saudi Arabia civilian nuclear nically as originating from a country in Asia At the end of title XV, add the following: on his military personnel records. cooperation agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. (D) The term ‘‘Hispanic American war vet- Subtitle C—Other Matters 2153) concluded after the date of the enact- eran’’ means any person who served in the SEC. 1531. REVIEW OF JOINT IMPROVISED- ment of this Act shall— United States Armed Forces between April 6, THREAT DEFEAT ORGANIZATION RE- (1) prohibit the Kingdom of Saudi Arabia 1917, and November 11, 1918, and who identi- SEARCH RELATING TO HUMANI- from enriching uranium or separating pluto- TARIAN DEMINING EFFORTS. fied himself racially, nationally, or eth- nium on Saudi Arabian territory; and nically as originating from a country where (a) IN GENERAL.—Not later than 90 days (2) require the Kingdom of Saudi Arabia to Spanish is an official language on his mili- after the date of the enactment of this Act, bring into force the Additional Protocol with tary personnel records. and annually thereafter,the Secretary of De- the International Atomic Energy Agency. (E) The term ‘‘Jewish American war vet- fense shall conduct a review of the research (b) REQUIRED REPORTING ON BALLISTIC MIS- eran’’ mean any person who served in the of the Joint Improvised-Threat Defeat Orga- SILE PROGRAM OF SAUDI ARABIA.— United States Armed Forces between April 6, nization to identify information that may be (1) IN GENERAL.—The Director of National released to United States humanitarian 1917, and November 11, 1918, and who identi- Intelligence shall submit to the appropriate fied himself as Jewish on his military per- demining organizations for the purpose of congressional committees, at the time an improving the efficiency and effectiveness of sonnel records. agreement described under subsection (a) is (F) The term ‘‘Native American war vet- humanitarian demining efforts. submitted to Congress pursuant to section (b) RELEASE OF INFORMATION TO HUMANI- eran’’ means any person who served in the 123 of the Atomic Energy Act of 1954 (42 United States Armed Forces between April 6, TARIAN DEMINING ORGANIZATIONS.—The Sec- U.S.C. 2153), a report on the ballistic missile retary shall release to United States human- 1917, and November 11, 1918, and who identi- program of Saudi Arabia. fied himself as a member of a federally rec- itarian demining organizations research (2) ELEMENTS.—The report required under identified under subsection (a). ognized tribe within the modern territory of paragraph (1) shall include the following ele- the United States on his military personnel ments: SA 288. Ms. BALDWIN submitted an records. (A) A detailed description of the ballistic (2) APPLICATION OF DEFINITIONS OF ORIGIN.— amendment intended to be proposed by missile program of Saudi Arabia. her to the bill S. 1790, to authorize ap- If the military personnel records of a person (B) An assessment of any technical and do not reflect the person’s membership in material foreign assistance Saudi Arabia has propriations for fiscal year 2020 for one of the groups identified in subparagraphs received for its ballistic missile program. military activities of the Department (B) through (F) of paragraph (1) but histor- (C) An assessment of the impact of Saudi of Defense, for military construction, ical evidence exists that demonstrates the Arabia’s ballistic missile program on long- and for defense activities of the De- person’s Jewish faith held at the time of standing United States policy to combat the partment of Energy, to prescribe mili- service, or that the person identified himself proliferation of ballistic missile technology tary personnel strengths for such fiscal as of African, Asian, Hispanic, or Native in the Middle East. American descent, the person may be treated year, and for other purposes; which was (3) APPROPRIATE CONGRESSIONAL COMMIT- as being a member of the applicable group by ordered to lie on the table; as follows: TEES DEFINED.—In this subsection, the term the Secretary concerned (in consultation ‘‘appropriate congressional committees’’ At the end of subtitle C of title II, add the with the organizations referred to in sub- means— following: section (c)) for purposes of this section. (A) the Committee on Armed Services, the SEC. lll. EDGE COMPUTING PLAN. Committee on Foreign Relations, the Select (a) IN GENERAL.—Not later than 90 days SA 284. Mr. VAN HOLLEN submitted Committee on Intelligence, and the Com- after the date of the enactment of this Act, an amendment intended to be proposed mittee on Appropriations of the Senate; and the Chief Information Officer of the Depart- by him to the bill S. 1790, to authorize (B) the Committee on Armed Services, the ment of Defense shall develop and submit to appropriations for fiscal year 2020 for Committee on Foreign Affairs, the Perma- the congressional defense committees a plan military activities of the Department nent Select Committee on Intelligence, and to implement, manage, coordinate, and field of Defense, for military construction, the Committee on Appropriations of the evolving commercial edge computing tech- and for defense activities of the De- House of Representatives. nologies— partment of Energy, to prescribe mili- (1) to improve the performance of C3I, lo- SA 286. Ms. BALDWIN submitted an gistics, and warfighting systems of the De- tary personnel strengths for such fiscal amendment intended to be proposed by partment; and year, and for other purposes; which was her to the bill S. 1790, to authorize ap- (2) to ensure the military departments and ordered to lie on the table; as follows: propriations for fiscal year 2020 for defense agencies are postured to quickly At the end of subtitle G of title V, add the military activities of the Department take advantage of the innovation occurring following: of Defense, for military construction, in the private sector in artificial intelligence SEC. 589. HONORARY PROMOTION OF COLONEL and for defense activities of the De- and machine learning. CHARLES E. MCGEE TO BRIGADIER (b) CONTENTS.—The plan submitted under GENERAL IN THE AIR FORCE. partment of Energy, to prescribe mili- subsection (a) shall include plans to develop Notwithstanding any time limitation with tary personnel strengths for such fiscal policies, procedures, budgets, and acceler- respect to promotions for persons who served year, and for other purposes; which was ated acquisition and contracting mecha- in the Armed Forces, the President is au- ordered to lie on the table; as follows: nisms for edge computing.

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(c) DEFINITION OF EDGE COMPUTING.—In this amount specified in subsection (a)(3) of sec- partment of Defense and the Department of section, the term ‘‘edge computing’’ means a tion 8104 of title 38; and Veterans Affairs for the provision of health method of optimizing applications or cloud ‘‘(B) the other requirements of such sec- care services, whether under the jurisdiction computing systems by taking some portion tion have been met with respect to amounts of the Secretary of Defense or the Secretary of an application, its data, or services away identified for transfer. of Veterans Affairs, and whether or not lo- from one or more central nodes (referred to ‘‘(3) Amounts appropriated to the applica- cated on a military installation or on real as the ‘‘core’’) to the other logical extreme ble appropriation account of the Department property under the jurisdiction of the Sec- (referred to as the ‘‘edge’’) of the Internet of Veterans Affairs for the purpose of leasing retary of Veterans Affairs. which makes contact with the physical space for a shared medical facility if the ‘‘(2) Such term includes any necessary world or end users. amount of the share of the Department of building and auxiliary structure, garage, Veterans Affairs for the estimated cost of parking facility, mechanical equipment, SA 289. Mr. SULLIVAN submitted an the project does not exceed the amount spec- abutting sidewalks, and accommodations for amendment intended to be proposed by ified in section 8104(a)(3)(B) of title 38. attending personnel.’’. him to the bill S. 1790, to authorize ap- ‘‘(d) RECEIPT OF AMOUNTS BY SECRETARY OF (b) CLERICAL AMENDMENT.—The table of propriations for fiscal year 2020 for DEFENSE.—(1) Any amount transferred to the sections at the beginning of chapter 55 of military activities of the Department Secretary of Defense by the Secretary of such title is amended by inserting after the Veterans Affairs for necessary expenses for item relating to section 1104 the following of Defense, for military construction, the planning, design, and construction of a new item: and for defense activities of the De- shared medical facility, if the amount of the ‘‘1104a. Shared medical facilities with the partment of Energy, to prescribe mili- share of the Department of Defense for the Department of Veterans Af- tary personnel strengths for such fiscal cost of such project does not exceed the fairs.’’. year, and for other purposes; which was amount specified in section 2805(a)(2) of this (c) TECHNICAL CORRECTION.—Paragraph (3) ordered to lie on the table; as follows: title, may be credited to accounts of the De- of section 8104(a) of title 38, United States At the appropriate place in title VII, insert partment of Defense available for the con- Code, is amended to read as follows: the following: struction of a shared medical facility. ‘‘(3) For purposes of this subsection: ‘‘(2) Any amount transferred to the Sec- ‘‘(A) The term ‘major medical facility SEC. lll. AUTHORITY TO PLAN, DESIGN, AND retary of Defense by the Secretary of Vet- CONSTRUCT, OR LEASE, SHARED project’ means a project for the construc- MEDICAL FACILITIES. erans Affairs for the purpose of the planning tion, alteration, or acquisition of a medical and design, or the leasing of space, for a (a) IN GENERAL.—Chapter 55 of title 10, facility involving a total expenditure of United States Code, is amended by inserting shared medical facility may be credited to more than $20,000,000, but such term does not after section 1104 the following new section: accounts of the Department of Defense avail- include an acquisition by exchange, non- able for such purposes, and may be used for recurring maintenance projects of the De- ‘‘§ 1104a. Shared medical facilities with the such purposes. Department of Veterans Affairs partment, or the construction, alteration, or ‘‘(3) Using accounts credited with transfers acquisition of a shared Federal medical facil- ‘‘(a) AGREEMENTS.—The Secretary of De- from the Secretary of Veterans Affairs under ity for which the Department’s estimated fense and the Secretary of Veterans Affairs paragraph (1), the Secretary of Defense may share of the project costs does not exceed may enter into agreements with each other carry out unspecified minor military con- $20,000,000. for the planning, design, and construction, or struction projects, if the share of the Depart- ‘‘(B) The term ‘major medical facility leasing, of facilities to be operated as shared ment of Defense for the cost of such project lease’ means a lease for space for use as a medical facilities. does not exceed the amount specified in sec- new medical facility at an average annual ‘‘(b) TRANSFER OF AMOUNTS BY SECRETARY tion 2805(a)(2) of this title. rent of more than the dollar threshold for OF DEFENSE.—(1) The Secretary of Defense ‘‘(e) RECEIPT OF AMOUNTS BY SECRETARY OF leases procured through the General Services may transfer to the Secretary of Veterans VETERANS AFFAIRS.—(1) Any amount trans- Affairs amounts as follows: Administration under section 3307(a)(2) of ferred to the Secretary of Veterans Affairs title 40, which shall be subject to annual ad- ‘‘(A) Amounts, not in excess of the amount by the Secretary of Defense for necessary ex- authorized by law for an unspecified minor justment in accordance with section 3307(h) penses for the planning, design, and con- of such title, but such term does not include military construction project, for the con- struction of a shared medical facility, if the struction of a shared medical facility if— a lease for space for use as a shared Federal amount of the share of the Department of medical facility for which the Department’s ‘‘(i) the amount of the share of the Depart- Veterans Affairs for the cost of such project ment of Defense for the estimated cost of the estimated share of the lease costs does not does not exceed the amount specified in sec- exceed that dollar threshold.’’. project does not exceed the amount specified tion 8104(a)(3)(A) of title 38, may be credited in subsection (a)(2) of section 2805 of this to the ‘Construction, minor projects’ ac- Mr. MENENDEZ submitted title; and SA 290. count of the Department of Veterans Affairs an amendment intended to be proposed ‘‘(ii) the other requirements of such sec- and used for the necessary expenses of con- tion have been met with respect to amounts structing such shared medical facility. by him to the bill S. 1790, to authorize identified for transfer. ‘‘(2) Any amount transferred to the Sec- appropriations for fiscal year 2020 for ‘‘(B) Amounts appropriated for the Defense retary of Veterans Affairs by the Secretary military activities of the Department Health Program for the purpose of the plan- of Defense for necessary expenses for the of Defense, for military construction, ning, design, and construction, or the leasing planning, design, and construction of a and for defense activities of the De- of space, for a shared medical facility. shared medical facility, if the amount of the partment of Energy, to prescribe mili- ‘‘(2) The authority to transfer amounts share of the Department of Veterans Affairs tary personnel strengths for such fiscal under this section is in addition to any other for the cost of such project exceeds the authority to transfer amounts available to amount specified in subsection (a)(3)(A) of year, and for other purposes; which was the Secretary of Defense. section 8104 of title 38, may be credited to ordered to lie on the table; as follows: ‘‘(3) Section 2215 of this title does not the ‘Construction, major projects’ account of At the appropriate place in title XII, insert apply to a transfer of funds under this sub- the Department of Veterans Affairs and used the following: section. for the necessary expenses of constructing SEC. lll. REPEAL OF PROHIBITION ON TRANS- ‘‘(c) TRANSFER OF AMOUNTS BY SECRETARY such shared medical facility if the other re- FER OF ARTICLES ON THE UNITED OF VETERANS AFFAIRS.—The Secretary of quirements of such section have been met STATES MUNITIONS LIST TO THE RE- Veterans Affairs may transfer to the Sec- with respect to amounts identified for trans- PUBLIC OF CYPRUS. retary of Defense amounts as follows: fer. (a) SENSE OF THE SENATE ON CYPRUS.—It is ‘‘(1) Amounts appropriated to the Sec- ‘‘(3) Any amount transferred to the Sec- the sense of the Senate that— retary of Veterans Affairs for ‘Construction, retary of Veterans Affairs by the Secretary (1) allowing for the export, re-export or minor projects’ for use for the planning, de- of Defense for the purpose of leasing space transfer of arms subject to the United States sign, or construction of a shared medical fa- for a shared medical facility may be credited Munitions List (part 121 of title 22, Code of cility if the amount of the share of the De- to accounts of the Department of Veterans Federal Regulations) to the Republic of Cy- partment of Veterans Affairs for the esti- Affairs available for such purposes, and may prus would advance United States security mated cost of the project does not exceed the be used for such purposes. interests in Europe by helping to reduce the amount specified in section 8104(a)(3)(A) of ‘‘(f) MERGER OF AMOUNTS TRANSFERRED.— dependence of the Government of the Repub- title 38. Any amount transferred under this section lic of Cyprus on other countries, including ‘‘(2) Amounts appropriated to the Sec- shall be merged with, and be available for countries that pose challenges to United retary of Veterans Affairs for ‘Construction, the same purposes and the same time period States interests around the world, for de- major projects’ for use for the planning, de- as, the appropriation or fund to which trans- fense-related materiel; and sign, or construction of a shared medical fa- ferred. (2) it is in the interest of the United cility if— ‘‘(g) SHARED MEDICAL FACILITY DEFINED.— States— ‘‘(A) the amount of the share of the De- (1) In this section, the term ‘shared medical (A) to continue to support United Nations- partment of Veterans Affairs for the esti- facility’ means a building or buildings, or a facilitated efforts toward a comprehensive mated cost of the project exceeds the campus, intended to be used by both the De- solution to the division of Cyprus; and

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.065 S12JNPT1 S3392 CONGRESSIONAL RECORD — SENATE June 12, 2019 (B) for the Republic of Cyprus to join SEC. ll. CLIMATE SECURITY ENVOY. bility and public safety in disaster situations NATO’s Partnership for Peace program. Section 1 of the State Department Basic in a humane and responsible fashion; and (b) MODIFICATION OF PROHIBITION.—Section Authorities Act of 1956 (22 U.S.C. 2651a) is ‘‘(F) to evaluate the vulnerability, secu- 620C(e) of the Foreign Assistance Act of 1961 amended— rity, susceptibility, and resiliency of United (22 U.S.C. 2373(e)) is amended— (1) by redesignating subsection (g) as sub- States interests and non-defense assets (1) in paragraph (1), by striking ‘‘Any section (h); and abroad. agreement’’ and inserting ‘‘Except as pro- (2) by inserting after subsection (f) the fol- ‘‘(4) REPORT.—The Climate Security Envoy vided in paragraph (3), any agreement’’; and lowing: shall regularly report to the Secretary of (2) by adding at the end the following new ‘‘(g) CLIMATE SECURITY ENVOY.— State regarding the activities described in paragraph: ‘‘(1) IN GENERAL.—Not later than 120 days paragraphs (2) and (3) to integrate climate ‘‘(3) The requirement under paragraph (1) after the date of the enactment of the Na- concerns into agendas and program budget shall not apply to any sale or other provision tional Defense Authorization Act for Fiscal requests. of any defense article or defense service to Year 2020, the President shall appoint, by ‘‘(5) RANK AND STATUS OF AMBASSADOR.— Cyprus if the end-user of such defense article and with the advice and consent of the Sen- The Climate Security Envoy shall have the or defense service is the Government of the ate, a Climate Security Envoy, who shall rank and status of Ambassador-at-Large. serve in the Bureau of Oceans and Inter- Republic of Cyprus.’’. ‘‘(6) DEFINED TERM.—In this subsection, the (c) EXCLUSION OF THE GOVERNMENT OF THE national Environmental and Scientific Af- term ‘climate security’ means the effects of REPUBLIC OF CYPRUS FROM CERTAIN RELATED fairs of the Department of State. climate change on— REGULATIONS.— ‘‘(2) DUTIES.—The Climate Security ‘‘(A) United States national security con- Envoy— (1) IN GENERAL.—Subject to subsection (d) cerns and subnational, national, and regional ‘‘(A) shall develop a climate security pol- and except as provided in paragraph (2), be- political stability; and icy in accordance with paragraph (3); ginning on the date of the enactment of this ‘‘(B) overseas security and conflict situa- ‘‘(B) shall coordinate the integration of Act, the Secretary of State shall not apply a tions that are potentially exacerbated by dy- scientific data on the current and antici- policy of denial for exports, re-exports, or namic environmental factors and events, in- pated effects of climate change into applied transfers of defense articles and defense serv- cluding— strategies across programmatic and regional ices destined for or originating in the Repub- ‘‘(i) the intensification and frequency of bureaus of the Department of State and into lic of Cyprus if— droughts, floods, wildfires, tropical storms, the Department’s decision making processes; (A) the request is made by or on behalf of and other extreme weather events; ‘‘(C) shall serve as a key point of contact the Government of the Republic of Cyprus; ‘‘(ii) changes in historical severe weather, and for other Federal agencies, including the De- partment of Defense, the Department of drought, and wildfire patterns; (B) the end-user of such defense articles or ‘‘(iii) the expansion of geographical ranges defense services is the Government of the Homeland Security, and the Intelligence Community, on climate security issues; of droughts, floods, and wildfires into regions Republic of Cyprus. ‘‘(D) shall use the voice, vote, and influ- that had not regularly experienced such phe- (2) EXCEPTION.—This exclusion shall not ence of the United States to encourage other nomena; apply to any denial based upon credible countries and international multilateral or- ‘‘(iv) global sea level rise patterns and the human rights concerns. ganizations to support the principles of the expansion of geographical ranges affected by (d) LIMITATIONS ON THE TRANSFER OF ARTI- climate security policy developed under drought; and CLES ON THE UNITED STATES MUNITIONS LIST paragraph (3); ‘‘(v) changes in marine environments that TO THE REPUBLIC OF CYPRUS.— ‘‘(E) shall perform such other duties and effect critical geostrategic waterways, such (1) IN GENERAL.—The policy of denial for exercise such powers as the Secretary of as the Arctic Ocean, the South China Sea, exports, re-exports, or transfers of defense State shall prescribe; and the South Pacific Ocean, the Barents Sea, articles on the United States Munitions List ‘‘(F) may not— and the Beaufort Sea.’’. to the Republic of Cyprus shall remain in ‘‘(i) perform the functions of the Special place unless the President determines and Envoy for Climate Change to the United Na- SA 292. Mr. MENENDEZ submitted certifies to the appropriate congressional tions; or committees not less than annually that— an amendment intended to be proposed ‘‘(ii) serve as the United States negotiator (A) the Government of the Republic of Cy- by him to the bill S. 1790, to authorize in any international forum to address cli- prus is continuing to cooperate with the appropriations for fiscal year 2020 for mate change. United States Government in efforts to im- military activities of the Department ‘‘(3) CLIMATE SECURITY POLICY.—The Cli- plement reforms on anti-money laundering mate Security Envoy shall develop and fa- of Defense, for military construction, regulations and financial regulatory over- cilitate the implementation of a climate se- and for defense activities of the De- sight; and curity policy that requires the Bureau of partment of Energy, to prescribe mili- (B) the Government of the Republic of Cy- Conflict and Stabilization Operations, the tary personnel strengths for such fiscal prus has made and is continuing to take the Bureau of Political-Military Affairs, embas- steps necessary to deny Russian military year, and for other purposes; which was sies, regional bureaus, and other offices with ordered to lie on the table; as follows: vessels access to ports for refueling and serv- a role in conflict avoidance, prevention and icing. security assistance, or humanitarian dis- At the appropriate place, insert the fol- AIVER.—The President may waive the (2) W aster response, prevention, and assistance to lowing: limitations contained in this subsection for assess, develop, budget for, and (upon ap- SEC. ll. UNITED STATES SPECIAL REPRESENTA- one fiscal year if the President determines proval) implement plans, policies, and ac- TIVE FOR THE ARCTIC. that it is essential to the national security tions— Section 1 of the State Department Basic interests of the United States to do so. ‘‘(A) to enhance the resilience capacities of Authorities Act of 1956 (22 U.S.C. 2651a) is (3) APPROPRIATE CONGRESSIONAL COMMIT- foreign countries to the effects of climate amended— TEES DEFINED.—In this section, the term ‘‘ap- change as a means of reducing the risk of (1) by redesignating subsection (g) as sub- propriate congressional committees’’ conflict and instability; section (h); and; and means— ‘‘(B) to evaluate specific added risks to cer- (2) by inserting after subsection (f) the fol- (A) the Committee on Foreign Relations tain regions and countries that are— lowing: and the Committee on Armed Services of the ‘‘(i) vulnerable to the effects of climate ‘‘(g) SPECIAL REPRESENTATIVE FOR THE Senate; and change; and ARCTIC.— (B) the Committee on Foreign Affairs and ‘‘(ii) strategically significant to the United ‘‘(1) DESIGNATION.—The Secretary of State the Committee on Armed Services of the States; shall designate a Special Representative for House of Representatives. ‘‘(C) to account for the impacts on human the Arctic— Mr. MENENDEZ submitted health, safety, stresses, reliability, food pro- ‘‘(A) to coordinate the United States Gov- SA 291. duction, fresh water and other critical nat- ernment response to international disputes an amendment intended to be proposed ural resources, and economic activity; and needs in the Arctic; by him to the bill S. 1790, to authorize ‘‘(D) to coordinate the integration of cli- ‘‘(B) to represent the United States Gov- appropriations for fiscal year 2020 for mate change risk and vulnerability assess- ernment, as appropriate, in multilateral fora military activities of the Department ments into the decision-making process for in discussions concerning access, coopera- of Defense, for military construction, awarding foreign assistance; tion, conservation, cultural relations, and and for defense activities of the De- ‘‘(E) to advance principles of good govern- transit in the Arctic; and partment of Energy, to prescribe mili- ance by encouraging foreign governments, ‘‘(C) to formulate United States policy to tary personnel strengths for such fiscal particularly nations that are least capable of assist in the resolution of international con- coping with the effects of climate change— flicts in the Arctic. year, and for other purposes; which was ‘‘(i) to conduct climate security evalua- ‘‘(2) OTHER RESPONSIBILITIES.—The Special ordered to lie on the table; as follows: tions; and Representative for the Arctic may carry out At the appropriate place, insert the fol- ‘‘(ii) to facilitate the development of cli- other assigned responsibilities, in addition to lowing: mate security action plans to ensure sta- the duties described in paragraph (1).’’.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.062 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3393 SA 293. Mr. MENENDEZ submitted SEC. 1713. UNITED STATES STRATEGY FOR END- (3) all persons who remain in custody as a an amendment intended to be proposed ING THE WAR IN YEMEN. result of the conflict in Yemen should be (a) DEFINED TERM.—In this subtitle, the granted immediate access to their families; by him to the bill S. 1790, to authorize term ‘‘appropriate congressional commit- appropriations for fiscal year 2020 for (4) the locations of all detention facilities tees’’ means— run or supervised by members of the Saudi- military activities of the Department (1) the Committee on Foreign Relations of led coalition should be revealed and brought of Defense, for military construction, the Senate; under the supervision of the Prosecutor Gen- and for defense activities of the De- (2) the Committee on Armed Services of eral of Yemen; partment of Energy, to prescribe mili- the Senate; (5) independent monitors should be granted tary personnel strengths for such fiscal (3) the Committee on Foreign Affairs of the access to all places of detention in Yemen; House of Representatives; and (6) all stakeholders to the conflict in year, and for other purposes; which was (4) the Committee on Armed Services of ordered to lie on the table; as follows: Yemen should fully cooperate with the the House of Representatives. United Nations Panel of Experts on Yemen. (b) STRATEGY.—Not later than 30 days after At the end of division A, add following: (b) REPORT.—Not later than 90 days after the date of the enactment of this Act, and TITLE XVII—SAUDI ARABIA every 90 days thereafter until a complete the date of the enactment of this Act, the ACCOUNTABILITY AND YEMEN ACT cessation of hostilities in the Yemen civil Secretary of State shall submit a report to war, the Secretary of State, the Adminis- the appropriate congressional committees SEC. 1701. SHORT TITLE. trator of the United States Agency for Inter- that describes the causes and consequences This title may be cited as the ‘‘Saudi Ara- national Development, the Secretary of De- of civilian harm occurring in the armed con- bia Accountability and Yemen Act of 2019’’. fense, and the Director of National Intel- flict in Yemen, including war crimes, and gross violations of human rights as a result Subtitle A—Peaceful Resolution of the Civil ligence shall provide a briefing to the appro- priate congressional committees on the of the actions of all parties to the conflict. War in Yemen and Protection of Civilians progress of the United States strategy to end (c) ELEMENTS.—The report required under SEC. 1711. STATEMENT OF POLICY. the war in Yemen. subsection (b) shall include— (1) a description of civilian harm occurring It is the policy of the United States— (c) ELEMENTS.—The briefing required under in the context of the armed conflict in (1) to support United Nations-led efforts subsection (b) shall include— (1) a summary of the United States na- Yemen, including— for a comprehensive political settlement tional security interests threatened by con- (A) mass casualty incidents; and that leads to a territorially unified, stable, tinued civil war and instability in Yemen; (B) damage to, and destruction of, civilian and independent Yemen; (2) a description of the steps necessary to infrastructure and services, including— (2) to insist on the urgent need for a polit- end the civil war in Yemen and achieve a ter- (i) hospitals and other medical facilities; ical solution, consistent with United Nations ritorially unified, stable, and independent (ii) electrical grids; Security Council Resolution 2216 (2015), or Yemen; (iii) water systems; any successor United Nations Security Coun- (3) a description of efforts to implement (iv) ports and port infrastructure; and cil Resolution demanding an end to violence the Stockholm Agreement; (v) other critical infrastructure; in Yemen and peaceful resolution of the con- (4) a description of whether the Saudi-led (2) violations of the law of armed conflict flict in that country; coalition, the internationally recognized committed during the war in Yemen by— (3) to reject all statements, policies, or ac- Government of Yemen, local Yemeni forces, (A) all forces involved in the Saudi-led coa- tions advocating for a military solution to and Ansar Allah are taking the necessary lition and all forces fighting on its behalf; the civil war in Yemen; steps referred to in paragraphs (2) and (3); (B) members of the Houthi movement and (4) to encourage long-standing United (5) a description of United States activities all forces fighting on its behalf; States security partners, including the Gov- to encourage all parties to take the nec- (C) members of violent extremist organiza- ernment of Saudi Arabia and the Govern- essary steps referred to in paragraphs (2) and tions; and ment of the United Arab Emirates, to take (3); (D) any other combatants in the conflict; the lead in confidence-building measures (6) an assessment of the threat posed by Al (3) as examples of violations referred to in that open space for political dialogue to end Qaeda and the Islamic State in Yemen to paragraph (2)— the war in Yemen and address the humani- United States national security, including— (A) alleged war crimes; tarian crisis; and (A) a comprehensive list of all sources of (B) specific instances of failure by the par- (5) to support the implementation of the support received by these groups; and ties to the conflict to exercise distinction, agreements reached between the parties to (B) an assessment regarding whether the proportionality, and precaution in the use the conflict at Stockholm, Sweden on De- activities of Al Qaeda in the Arabian Penin- force in accordance with the law of armed cember 13, 2018, consistent with United Na- sula and the Islamic State in Yemen have ex- conflict; tions Security Council Resolution 2451 (2018). panded or diminished since the beginning of (C) arbitrary denials of humanitarian ac- SEC. 1712. SENSE OF CONGRESS. the war in Yemen; cess and the resulting impact on the allevi- (7) an explanation of how the United States It is the sense of Congress that— ation of human suffering; has used, and plans to use, its military and (1) continued direct negotiations between (D) detention-related abuses; diplomatic leverage— the Government of Saudi Arabia, the inter- (E) the use of child soldiers, including (A) to end the civil war in Yemen; and nationally-recognized Government of members of the Sudanese paramilitary Rapid (B) to move the stakeholders in the war to- Yemen, and representatives of the Houthi Support Forces (previously known as the ward a political process to end the war; movement (also known as ‘‘Ansar Allah’’) ‘‘Janjaweed militia’’); and (8) an assessment of Iran’s activities in are required— (F) other acts that may constitute viola- Yemen, including— (A) to reach a political solution; tions of the law of armed conflict; and (A) a comprehensive summary of all recipi- (B) to implement the agreements reached (4) recommendations for establishing ac- ents of illicit Iranian support in Yemen; and between the Saudi-led coalition, the inter- countability mechanisms for the civilian (B) an assessment regarding whether the nationally recognized Government of Yemen, harm, war crimes, other violations of the law scope of Iran’s influence and activities in local Yemeni forces, and Ansar Allah at of armed conflict, and gross violations of Yemen have increased or decreased since the Stockholm, Sweden on December 13, 2018 (re- human rights perpetrated by parties to the beginning of the war in Yemen; ferred to in this subtitle as the ‘‘Stockholm conflict in Yemen, including— (9) a description of Russia’s activities in Agreement’’); (A) the potential for prosecuting individ- Yemen and an assessment of Russia’s objec- (C) to address the suffering of the Yemeni uals perpetrating, organizing, directing, or tives for such activities; and people; and ordering such violations; and (10) any other matters relevant to ending (D) to counter efforts by Iran, al Qaeda, (B) establishing condolence payments for the civil war in Yemen. and ISIS to exploit instability for their own the impacted members of the civilian popu- malign purposes; SEC. 1714. REPORT ON ACCOUNTABILITY FOR lation. VIOLATIONS OF INTERNATIONAL (d) FORM.—The report required under sub- (2) the Government of Saudi Arabia and LAW, INCLUDING WAR CRIMES, AND the Government of the United Arab Emirates OTHER HARM TO CIVILIANS IN section (b) shall be submitted in unclassified bear significant responsibility for the eco- YEMEN. form, but may contain a classified annex. nomic stabilization and eventual reconstruc- (a) SENSE OF CONGRESS.—It is the sense of SEC. 1715. SUSPENSION OF ARMS TRANSFERS TO tion of Yemen; and Congress that— SAUDI ARABIA. (3) the United States and the international (1) all stakeholders in the conflict in (a) RESTRICTION.—Except as provided in community must continue to support the Yemen should end all practices involving ar- subsection (b), during the period beginning work of United Nations Special Envoy Mar- bitrary arrests, enforced disappearances, tor- on the date of the enactment of this Act and tin Griffiths to achieve a political solution ture, and other unlawful treatment; ending on September 30, 2020, the United to the civil war in Yemen, including by sup- (2) all stakeholders in the conflict in States Government— porting the implementation of the Stock- Yemen should reveal the fate or the location (1) may not sell, transfer, or authorize li- holm Agreement and United Nations Secu- of all persons who have been subjected to en- censes for export to the Government of Saudi rity Council Resolution 2451 (2018). forced disappearance by such stakeholders; Arabia any item designated under Category

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.063 S12JNPT1 S3394 CONGRESSIONAL RECORD — SENATE June 12, 2019 III, IV, VII, or VIII on the United States Mu- SEC. 1716. PROHIBITION ON IN-FLIGHT REFUEL- (B) is engaging in acts of violence against nitions List pursuant to section 38(a)(1) of ING OF SAUDI COALITION AIRCRAFT such actors in Yemen or across conflict lines the Arms Export Control Act (22 U.S.C. OPERATING IN YEMEN. and borders; 2778(a)(1)); and (a) IN GENERAL.—No Federal funds may be (3) is responsible for actions or policies (2) shall suspend any licenses or other ap- obligated or expended under section 2342 of that are intended to undermine— provals that were issued before the date of title 10, United States Code, or under any (A) the United Nations-led political proc- the enactment of this Act for the export to other applicable statutory authority, to pro- ess to end the conflict in Yemen; or the Government of Saudi Arabia of any item vide in-flight refueling of Saudi or Saudi-led (B) efforts to promote stabilization and re- designated under Category IV of the United coalition non-United States aircraft con- construction in Yemen; States Munitions List. ducting missions as part of the ongoing civil (4) is a successor entity to a person re- war in Yemen. ferred to in paragraphs (1) through (3); (b) EXCEPTION.—The prohibition under sub- (b) REPORT REQUIRED.—Not later than 30 (5) owns or controls, or is owned or con- section (a) shall not apply to sales, transfers, days after the date of the enactment of this trolled by, a person referred to in paragraphs or export licenses relating to ground-based Act, and every 30 days thereafter, the Sec- (1) through (3); missile defense systems. retary of Defense shall submit a report to (6) is acting for or, on behalf of, a person (c) WAIVER.—The President may waive the the appropriate congressional committees referred to in paragraphs (1) through (3); or restriction under subsection (a) for items detailing— (7) has knowingly provided, or attempted (1) the expenses incurred by the United designated under Categories III, VII, and to provide, financial, material, techno- States in providing in-flight refueling serv- VIII of the United States Munitions List not logical, or other support for, or goods or ices for Saudi or Saudi-led coalition non- earlier than 30 days after— services in support of, a person referred to in United States aircraft conducting missions paragraphs (1) through (3). (1) the Secretary of State, in coordination as part of the civil war in Yemen between (c) SANCTIONS DESCRIBED.— with the Secretary of Defense, submits a March 2015 and November 11, 2018; and written, unclassified certification to the ap- (1) IN GENERAL.—The sanctions described in (2) the extent to which the expenses re- this subsection are the following: propriate congressional committees stating ferred to in paragraph (1) have been reim- that— (A) ASSET BLOCKING.—In accordance with bursed by members of the Saudi-led coali- the International Emergency Economic Pow- (A) such waiver is in the national security tion. interests of the United States; ers Act (50 U.S.C. 1701 et seq.), the President (c) ELEMENTS.—The report required under shall block all transactions in all property (B) the Saudi-led coalition, during the 180- subsection (b) shall include— day period immediately preceding the date and interests in property of a person subject (1) the total expenses incurred by the to subsection (a) if such property and inter- of such certification, has continuously— United States in providing in-flight refueling (i) honored a complete cessation of hos- ests in property— services, including fuel, flight hours, and (i) are in the United States; tilities in the Yemen civil war, including other applicable expenses, to Saudi or Saudi- ending all air strikes and all offensive (ii) are transported into the United States; led coalition, non-United States aircraft con- or ground operations that are not associated ducting missions as part of the civil war in with al Qaeda in the Arabian Peninsula or (iii) are in, or come into, the possession or Yemen; control of a United States person. ISIS; (2) the amount of the expenses described in (B) ALIENS INELIGIBLE FOR VISAS, ADMIS- (ii) fully supported, in statements and ac- paragraph (1) that have been reimbursed by SION, OR PAROLE.— tions, the work of United Nations Special each member of the Saudi-led coalition; and (i) EXCLUSION FROM THE UNITED STATES.— Envoy Martin Griffiths to find a political so- (3) actions taken by the United States to lution to the conflict in Yemen; and The Secretary of State shall deny a visa to, recoup the unreimbursed expenses described and the Secretary of Homeland Security (iii) abstained from any actions to restrict, in paragraph (1), including any commitments delay, or interfere with the delivery of cargo shall exclude from the United States, any by members of the Saudi-led coalition to re- alien subject to subsection (b). to or within Yemen unless— imburse the United States for such expenses. (ii) CURRENT VISAS REVOKED.— (I) such action was taken exclusively to (d) SUNSET.—The reporting requirement (I) IN GENERAL.—The issuing consular offi- carry out inspections based on specific intel- under subsection (b) shall cease to be effec- cer, the Secretary of State, or the Secretary ligence that a cargo shipment contains weap- tive on the date on which the Secretary of of Homeland Security (or a designee of any ons prohibited under United Nations Secu- Defense submits written certification to the such officer or Secretary) shall revoke any rity Council Resolution 2216 (2015); and appropriate congressional committees that visa or other entry documentation issued to (II) the Saudi-led coalition timely sub- all of the expenses incurred by the United an alien subject to subsection (b), regardless mitted any reports required under such Res- State in providing in-flight refueling serv- of when such visa was issued. olution after the conclusion of such action; ices for Saudi or Saudi-led coalition non- (II) EFFECT OF REVOCATION.—A revocation and United States aircraft conducting missions under subclause (I) shall take effect imme- (C) Ansar Allah or associated forces, dur- as part of the civil war in Yemen have been diately and shall automatically cancel any ing the 180-day period immediately preceding reimbursed. the date of such certification— other valid visa or entry documentation that SEC. 1717. IMPOSITION OF SANCTIONS WITH RE- is in the alien’s possession. (i) launched missile or unmanned aerial ve- SPECT TO PERSONS HINDERING HU- (2) INAPPLICABILITY OF NATIONAL EMER- hicle strikes into Saudi Arabia or the United MANITARIAN ACCESS AND THREAT- Arab Emirates; ENING THE PEACE OR STABILITY OF GENCY REQUIREMENT.—The requirements (ii) conducted ground incursions into the YEMEN. under section 202 of the International Emer- territory of Saudi Arabia or the United Arab (a) SENSE OF CONGRESS.—It is the sense of gency Economic Powers Act (50 U.S.C. 1701) Emirates; Congress that the President should continue shall not apply for purposes of the imposi- (iii) accepted weapons, weapons compo- to implement Executive Order 13611 (77 Fed. tion of sanctions under this section. nents, funding, or military training from the Reg. 29533), relating to blocking property of (3) PENALTIES.—Any person that violates, Islamic Republic of Iran; persons threatening the peace, security, or attempts to violate, conspires to violate, or (iv) attacked vessels in the Red Sea; or stability of Yemen. causes a violation described in subsection (v) prohibited or otherwise restricted, di- (b) SANCTIONS AUTHORIZED.—Not later than (b), or any regulation, license, or order rectly or indirectly, the transport or deliv- 60 days after the date of the enactment of issued to carry out such paragraph, shall be ery of humanitarian or commercial ship- this Act, the President shall impose the subject to the penalties set forth in sub- ments to and within Yemen; and sanctions described in subsection (c) with re- sections (b) and (c) of section 206 of the (2) the Comptroller General of the United spect to each person that the President de- International Emergency Economic Powers States, not later than 45 days after the sub- termines— Act (50 U.S.C. 1705) to the same extent as a mission of the certification under paragraph (1)(A) is knowingly blocking access to person that commits an unlawful act de- (1), submits a written, unclassified report to Yemeni ports, ports of entry, or other facili- scribed in subsection (a) of such section. the appropriate congressional committees ties used by the United Nations, its special- SEC. 1718. IMPOSITION OF SANCTIONS WITH RE- assessing the responsiveness, completeness, ized agencies and implementing partners, na- SPECT TO PERSONS SUPPORTING and accuracy of such certification. tional and international nongovernmental THE HOUTHIS IN YEMEN. organizations, or any other actors engaged (a) DETERMINATION.—Not later than 30 days (d) CLASSIFIED BRIEFING.—If the Secretary in humanitarian relief activities in Yemen; after the date of the enactment of this Act, of State and the Secretary of Defense deter- or the President shall determine if the Houthi mine that Ansar Allah has engaged in any of (B) is otherwise hindering the efforts of movement (also known as ‘‘Ansar Allah’’) the actions described in subsection (c)(1)(C), such organizations to deliver humanitarian has engaged meaningfully in United Nations- the Secretary of State and the Secretary of relief, including through diversion of goods led efforts for a comprehensive political set- Defense shall provide a classified briefing to and materials intended to provide relief to tlement that leads to a territorially unified, the appropriate congressional committees civilians in Yemen; stable, and independent Yemen. not later than 10 days after submitting the (2)(A) is knowingly threatening the hu- (b) SANCTIONS.—If the President is unable certification under subsection (c)(1) to pro- manitarian actors referred to in paragraph to make the determination described in sub- vide details to support such determination. (1)(A); or section (a), the President shall impose the

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.063 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3395 sanctions described in subsection (c) on any 4601 et seq.), as continued in force by the (A) in paragraph (1)(B)(i), by inserting ‘‘or person that the President determines— International Emergency Economic Powers the Government of Yemen’’ after ‘‘Govern- (1) has knowingly assisted, sponsored, pro- Act (50 U.S.C. 1701 et seq.), requested by a ment of Syria’’; vided, or attempted to provide significant fi- person described in subsection (b) shall be (B) in paragraph (2)(B)— nancial, material, or technological support denied until the date that is 180 days after (i) by inserting ‘‘or Yemen’’ after ‘‘Syria’’ for, or goods or services in support of, the the date on which the Secretary of State cer- each of the first 2 places such term appears; Houthis movement in Yemen, its successor tifies to Congress that any action by such and entities, entities that own or control, or are person described in subsection (b) has ceased. (ii) in clause (ii), by inserting ‘‘or the owned or controlled by, the Houthi move- (2) INAPPLICABILITY OF NATIONAL EMER- United States and Yemen, as applicable,’’ ment, or entities acting for, or on behalf of, GENCY REQUIREMENT.—The requirements after ‘‘United States and Syria’’; the Houthi movement; under section 202 of the International Emer- (4) in subsection (c), by inserting ‘‘or (2) has knowingly engaged in any activity gency Economic Powers Act (50 U.S.C. 1701) Yemen’’ after ‘‘Syria’’ each place such term that materially contributes to the supply, shall not apply for purposes of the imposi- appears; and sale, or direct or indirect transfer to or from tion of sanctions under this section. (5) in subsection (d), by amending para- the Houthi movement in Yemen, its suc- (3) PENALTIES.—Any person that violates, graph (2) to read as follows: cessor entities, entities that own or control, attempts to violate, conspires to violate, or ‘‘(2) ARCHAEOLOGICAL OR ETHNOLOGICAL MA- or are owned or controlled by, the Houthi causes a violation of paragraph (1), (2), or (3) TERIAL OF SYRIA OR YEMEN.—The term ‘ar- movement, or entities acting for or on behalf of subsection (b), or any regulation, license, chaeological or ethnological material of of the Houthi movement, of any firearms or or order issued to carry out such paragraph, Syria or Yemen’ means cultural property (as ammunition, battle tanks, armored vehicles, shall be subject to the penalties set forth in defined in section 302 of the Convention on artillery or mortar systems, aircraft, attack subsections (b) and (c) of section 206 of the Cultural Property Implementation Act (19 helicopters, warships, missiles or missile International Emergency Economic Powers U.S.C. 2601)) that— systems, or explosive mines of any type (as Act (50 U.S.C. 1705) to the same extent as a ‘‘(A) is unlawfully removed from Syria on such terms are defined for the purpose of the person that commits an unlawful act de- or after March 15, 2011; or United Nations Register of Conventional scribed in subsection (a) of such section. ‘‘(B) is unlawfully removed from Yemen on Arms), ground-to-air missiles, unmanned (d) EXCEPTION.—The sanctions described in or after March 15, 2015.’’. aerial vehicles, or related materiel, includ- subsection (c)(1) shall not apply to any act Subtitle B—Saudi Arabia Accountability ing spare parts; incidental or necessary to the provision of (3) has knowingly provided any technical urgently needed humanitarian assistance. SEC. 1731. IMPOSITION OF SANCTIONS ON PER- training, financial resources or services, ad- SONS RESPONSIBLE FOR THE SEC. 1719. GAO REVIEW OF UNITED STATES MILI- DEATH OF JAMAL KHASHOGGI. vice, other services or assistance related to TARY SUPPORT TO SAUDI-LED COA- the supply, sale, transfer, manufacture, LITION. (a) IN GENERAL.—Section 1263 of the Global maintenance, or use of arms and related ma- (a) REVIEW.—The Comptroller General of Magnitsky Human Rights Accountability teriel described in paragraph (2) to the the United States shall conduct a review of Act (22 U.S.C. 2656 note) is amended— Houthi movement in Yemen, its successor the United States military support to the (1) in subsection (a), in the matter pre- entities, entities that own or control, or are Saudi-led coalition that evaluates— ceding paragraph (1), by striking ‘‘(b)’’ and owned or controlled by, the Houthi move- (1) the manner and extent to which the inserting ‘‘(c)’’; ment, or entities acting for or on behalf of United States military provides support to (2) by redesignating subsections (b) the Houthi movement; the Saudi-led coalition; through (j) as subsections (c) through (k), re- (4) is a successor entity to a person de- (2) how the Department of Defense spectively; scribed in paragraph (1), (2), or (3); prioritizes aerial refueling capabilities in (3) by inserting after subsection (a) the fol- (5) is an entity that owns or controls, or is support of the Saudi-led coalition; lowing: owned or controlled by, a person described in (3) the manner and extent to which the ‘‘(b) JAMAL KHASHOGGI.—Not later than 30 paragraph (1), (2), or (3); or United States has been reimbursed for aerial days after the date of the enactment of the (6) is an entity that is acting for, or on be- refueling support of Saudi-led coalition air- Saudi Arabia Accountability and Yemen Act half of, a person referred to in paragraph (1), craft; of 2019, the President shall impose the sanc- (2), or (3). (4) whether and how the Department of De- tions described in subsection (c) with respect (c) SANCTIONS DESCRIBED.— fense determines the extent to which its ad- to any foreign person, including any official (1) IN GENERAL.—The sanctions described in vice and assistance has reduced civilian cas- of the government of Saudi Arabia or mem- this subsection are the following: ualties and damage to civilian infrastruc- ber of the royal family of Saudi Arabia that (A) ASSET BLOCKING.—In accordance with ture, including evaluating a differentiation the President determines, based on credible the International Emergency Economic Pow- between dynamic and deliberate targeting by evidence— ers Act (50 U.S.C. 1701 et seq.), the President the Saudi-led coalition; ‘‘(1) was responsible for, or complicit in, shall block all transactions in property, or (5) whether and how the Department of De- ordering, controlling, or otherwise directing interests in property, of a person subject to fense determines the efficacy of defensive ad- an act or acts contributing to or causing the subsection (b) if such property or interests in vice and assistance to the Saudi-led coali- death of Jamal Khashoggi; or property— tion, including with respect to ballistic mis- ‘‘(2) has materially assisted, sponsored, or (i) are in the United States; siles and other threats to the sovereignty of provided financial, material, or techno- (ii) are transported into the United States; regional partners; and logical support for, or goods or services in or (6) the responsiveness, completeness, and support of an activity described in paragraph (iii) are in, or come into, the possession or accuracy of any certifications submitted (1).’’; control of a United States person. pursuant to section 1290 of the John S. (4) in subsection (d), as redesignated, in the (B) ALIENS INELIGIBLE FOR VISAS, ADMIS- McCain National Defense Authorization Act matter preceding paragraph (1), by inserting SION, OR PAROLE.— for Fiscal Year 2019 (Public Law 115–232). ‘‘or (b)’’ after ‘‘subsection (a)’’; (i) EXCLUSION FROM THE UNITED STATES.— (b) BRIEFING.—Not later than 180 days after (5) in subsection (f), as redesignated, by The Secretary of State shall deny a visa to, the date of the enactment of this Act, the striking ‘‘subsection (b)(1)’’ and inserting and the Secretary of Homeland Security Comptroller General of the United States ‘‘subsection (c)(1)’’; shall exclude from the United States, any shall provide the preliminary results of the (6) in subsection (j), as redesignated, by in- alien subject to subsection (b). review conducted under subsection (a) to the serting ‘‘or (b)’’ after ‘‘subsection (a)’’; and (ii) CURRENT VISAS REVOKED.— appropriate congressional committees. (7) in subsection (k), as redesignated, by (I) IN GENERAL.—The issuing consular offi- (c) FINAL REPORT.—During the briefing re- striking paragraphs (1) and (2) and inserting cer, the Secretary of State, or the Secretary quired under subsection (b), the Comptroller the following: of Homeland Security (or a designee of any General shall notify the appropriate congres- ‘‘(1) the Committee on Foreign Relations such officer or Secretary) shall revoke any sional committees when a final report sum- of the Senate; visa or other entry documentation issued to marizing the results of the review conducted ‘‘(2) the Committee on Banking, Housing, an alien subject to subsection (b), regardless under subsection (a) will be submitted to and Urban Affairs of the Senate; of when such visa was issued. such committees. ‘‘(3) the Committee on Foreign Affairs of (II) EFFECT OF REVOCATION.—A revocation SEC. 1720. EMERGENCY PROTECTION FOR YEM- the House of Representatives; under subclause (I) shall take effect imme- ENI CULTURAL PROPERTY. ‘‘(4) the Committee on Financial Services diately and shall automatically cancel any Section 3 of the Protect and Preserve of the House of Representatives; and other valid visa or entry documentation that International Cultural Property Act (Public ‘‘(5) the Committee on Ways and Means of is in the alien’s possession. Law 114-151; 130 Stat. 369) is amended— the House of Representatives.’’. (C) DENIAL OF CERTAIN TRANSACTIONS.—Any (1) in the section heading, by inserting (b) BRIEFINGS.—Not later than 15 days after letter of offer and acceptance, or license to ‘‘AND YEMENI’’ after ‘‘SYRIAN’’; the date of the enactment of this Act, and export, any defense article or defense service (2) in subsection (a), by inserting ‘‘or every 45 days thereafter, the Secretary of controlled for export under the Arms Export Yemen’’ after ‘‘Syria’’ each place such term State, in conjunction with the Secretary of Control Act (22 U.S.C. 2751 et seq.) or the Ex- appears; the Treasury and the Director of National port Administration Act of 1979 (50 U.S.C. (3) in subsection (b)— Intelligence, shall provide a briefing to the

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.063 S12JNPT1 S3396 CONGRESSIONAL RECORD — SENATE June 12, 2019 appropriate congressional committees (as de- ter of offer, license, or approval is related to tary personnel strengths for such fiscal fined in section 1263(k) of the Global a determination of the existence of an emer- year, and for other purposes; which was Magnitsky Human Rights Accountability gency under section 3(d)(2) of the Arms Ex- ordered to lie on the table; as follows: Act, as amended by subsection (a)(7)) regard- port Control Act (22 U.S.C. 2753(d)(2)) or sub- ing the implementation of the amendment section (b)(1), (c)(2), or (d)(2) of section 36 of At the appropriate place, insert the fol- made by subsection (a)(3). such Act (22 U.S.C. 2776). All exports, re-ex- lowing: SEC. lll. SAFE ACT. SEC. 1732. REPORT ON SAUDI ARABIA’S HUMAN ports, transfers, and re-transfers pursuant to RIGHTS RECORD. any such letter of offer, license, or approval (a) SHORT TITLES.—This section may be Not later than 30 days after the date of the are prohibited. cited as the ‘‘Saudi Arabia False Emer- enactment of this Act, the Secretary of (b) RESUBMISSION.—Any letter of offer, li- gencies Act’’ or the ‘‘SAFE Act’’. State, in accordance with section 502B(c) of cense, or approval terminated pursuant to (b) SUSPENSION OF ARMS SALES TO SAUDI the Foreign Assistance Act of 1961 (22 U.S.C. subsection (a) may be resubmitted to Con- ARABIA AND THE UNITED ARAB EMIRATES NOT 2304(c)), shall submit an unclassified, written gress in accordance with section 3 or 36 of REVIEWED BY CONGRESS.— report to Congress that— the Arms Export Control Act (22 U.S.C. 2753 (1) IN GENERAL.—Any letter of offer, li- (1) includes the information required under and 2776). cense, or approval issued pursuant to the such section 502B(c); Arms Export Control Act (22 U.S.C. 2751 et (2) describes the extent to which officials SA 295. Mr. MENENDEZ submitted seq.) primarily in relation to Saudi Arabia or of the Government of Saudi Arabia, includ- an amendment intended to be proposed the United Arab Emirates is terminated as of ing members of the military or security serv- by him to the bill S. 1790, to authorize the date of enactment of this Act if such let- ices, are responsible for or complicit in gross ter of offer, license, or approval is related to appropriations for fiscal year 2020 for a determination of the existence of an emer- violations of internationally recognized military activities of the Department human rights, including violations of the gency under section 3(d)(2) of the Arms Ex- human rights of journalists, bloggers, and of Defense, for military construction, port Control Act (22 U.S.C. 2753(d)(2)) or sub- those who support women’s rights or reli- and for defense activities of the De- section (b)(1), (c)(2), or (d)(2) of section 36 of gious freedom; partment of Energy, to prescribe mili- such Act (22 U.S.C. 2776). All exports, re-ex- (3) describes the extent to which the Gov- tary personnel strengths for such fiscal ports, transfers, and re-transfers pursuant to ernment of Saudi Arabia— year, and for other purposes; which was any such letter of offer, license, or approval (A) has knowingly blocked access to Yem- ordered to lie on the table; as follows: are prohibited. eni ports, ports of entry, or other facilities (2) RESUBMISSION.—Any letter of offer, li- At the appropriate place, insert the fol- cense, or approval terminated pursuant to used by the United Nations, its specialized lowing: agencies and implementing partners, na- paragraph (1) may be resubmitted to Con- tional and international nongovernmental SEC. ll. PROTECTION OF CONGRESSIONAL RE- gress in accordance with section 3 or 36 of VIEW AND OVERSIGHT OF ARMS organizations, or any other actors engaged the Arms Export Control Act (22 U.S.C. 2753 SALES TO SAUDI ARABIA AND and 2776), as amended by subsection (c). in humanitarian relief activities in Yemen; OTHER COUNTRIES. (B) has hindered the efforts of the organi- (c) PROTECTION OF CONGRESSIONAL REVIEW Section 36 of the Arms Export Control Act AND OVERSIGHT OF ARMS SALES TO SAUDI zations referred to in subparagraph (A) to de- (22 U.S.C. 2776) is amended by adding at the liver humanitarian relief, including through ARABIA AND OTHER COUNTRIES.—Section 36 of end the following: the Arms Export Control Act (22 U.S.C. 2776) diversion of goods and materials intended to ‘‘(j) DETERMINATION OF AN EMERGENCY.— provide relief to civilians in Yemen; is amended by adding at the end the fol- Notwithstanding any other provision of this lowing: (C) has prohibited or directly or indirectly Act related to a determination of an emer- restricted the transport or delivery of United ‘‘(j) DETERMINATION OF AN EMERGENCY.— gency to waive congressional review of pro- Notwithstanding any other provision of this States humanitarian assistance to Yemen; posed letters of offer, licenses, or approvals— and Act related to a determination of an emer- ‘‘(1) a determination pursuant to sub- gency to waive congressional review of pro- (D) complied with the Secretary of State’s section (b)(1), (c)(2), or (d)(2) or section statement on October 30, 2018, related to posed letters of offer, licenses, or approvals— 3(d)(2) that an emergency exists— ‘‘(1) a determination pursuant to sub- ‘‘ending the conflict in Yemen’’; and ‘‘(A) shall apply only to the North Atlantic (4) identifies the percentage by which civil- section (b)(1), (c)(2), or (d)(2) or section Treaty Organization, any member country of 3(d)(2) that an emergency exists— ian casualties and deaths, respectively, in- the North Atlantic Treaty Organization, creased as a result of Saudi coalition air ‘‘(A) shall apply only to the North Atlantic Australia, Japan, the Republic of Korea, Treaty Organization, any member country of strikes in Yemen between November 2017 and Israel, and New Zealand; and August 2018. the North Atlantic Treaty Organization, ‘‘(B) shall not be valid for any country Australia, Japan, the Republic of Korea, Subtitle C—General Provisions whose government is negotiating, or has con- Israel, and New Zealand; and SEC. 1741. RULE OF CONSTRUCTION. ducted, a significant transaction described in ‘‘(B) shall not be valid for any country Nothing in this title may be construed to section 231 of the Countering America’s Ad- whose government is negotiating, or has con- limit the authority of the President pursu- versaries Through Sanctions Act (22 U.S.C. ducted, a significant transaction described in ant to the International Emergency Eco- 9525); section 231 of the Countering America’s Ad- nomic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(2) the President— versaries Through Sanctions Act (22 U.S.C. ‘‘(A) shall submit a determination and de- SEC. 1742. SUNSET. 9525); tailed justification for each letter of offer, li- This title shall cease to be effective on the ‘‘(2) the President— cense, or approval subject to an emergency date that is 5 years after the date of the en- ‘‘(A) shall submit a determination and de- determination; and actment of this Act. tailed justification for each letter of offer, li- ‘‘(B) shall include a specific and detailed cense, or approval subject to an emergency description of how such waiver of the con- SA 294. Mr. MENENDEZ submitted determination; and gressional review requirements directly re- ‘‘(B) shall include a specific and detailed an amendment intended to be proposed sponds to or addresses the circumstances of by him to the bill S. 1790, to authorize description of how such waiver of the con- the emergency cited in the determination; gressional review requirements directly re- appropriations for fiscal year 2020 for and sponds to or addresses the circumstances of military activities of the Department ‘‘(3) the determination described in para- the emergency cited in the determination; of Defense, for military construction, graph (2)(A) shall only be available for a cer- and and for defense activities of the De- tification for a letter of offer, license, or ap- ‘‘(3) the determination described in para- partment of Energy, to prescribe mili- proval for defense articles or defense serv- graph (2)(A) shall only be available for a cer- ices— tary personnel strengths for such fiscal tification for a letter of offer, license, or ap- ‘‘(A) that directly respond to or counter a proval for defense articles or defense serv- year, and for other purposes; which was physical security threat; and ordered to lie on the table; as follows: ices— ‘‘(B) 75 percent of which will be delivered ‘‘(A) that directly respond to or counter a At the appropriate place, insert the fol- not later than 2 months after the date of physical security threat; and lowing: such determination.’’. ‘‘(B) 75 percent of which will be delivered SEC. ll. SUSPENSION OF ARMS SALES TO SAUDI not later than 2 months after the date of ARABIA AND THE UNITED ARAB SA 296. Mr. MENENDEZ submitted such determination.’’. EMIRATES NOT REVIEWED BY CON- an amendment intended to be proposed GRESS. by him to the bill S. 1790, to authorize SA 297. Mr. MENENDEZ submitted (a) IN GENERAL.—Any letter of offer, li- appropriations for fiscal year 2020 for an amendment intended to be proposed cense, or approval issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et military activities of the Department by him to the bill S. 1790, to authorize seq.) primarily in relation to Saudi Arabia or of Defense, for military construction, appropriations for fiscal year 2020 for the United Arab Emirates is terminated as of and for defense activities of the De- military activities of the Department the date of enactment of this Act if such let- partment of Energy, to prescribe mili- of Defense, for military construction,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.063 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3397 and for defense activities of the De- (2) the scarcity of global natural resources, SEC. ll3. AUTHORITIES OF THE CHIEF EXECU- partment of Energy, to prescribe mili- including fresh water; TIVE OFFICER; LIMITATION ON COR- (3) global food, health, and energy insecu- PORATE LEADERSHIP OF GRANTEES. tary personnel strengths for such fiscal Section 305 of the United States Inter- year, and for other purposes; which was rities; (4) conditions that contribute to— national Broadcasting Act of 1994 (22 U.S.C. ordered to lie on the table; as follows: (A) intrastate and interstate conflicts; 6204) is amended— (1) in subsection (a), by inserting at the At the appropriate place, insert the fol- (B) foreign political and economic insta- end the following: lowing: bility; ‘‘(23)(A) To require semi-annual content re- SEC. ll. TRANSPARENCY. (C) international migration of vulnerable views of each language service of each surro- (a) DEFINED TERM.—In this section, the and underserved populations; gate network, consisting of a review of at term ‘‘climate security’’ means the effects of (D) the failure of national governments; least 10 percent of available material, by flu- climate change on— and ent language speakers and experts without (1) United States national security con- (E) gender-based violence; and direct affiliation to the network and lan- cerns and subnational, national, and regional (5) United States and allied military readi- guage being reviewed, who are seeking any political stability; and ness, operations, and strategy. evidence of inappropriate or unprofessional (2) overseas security and conflict situa- (b) PURPOSES.—The purposes of the evalua- content, which shall be submitted to the tions that are potentially exacerbated by dy- tions conducted under subsection (a) are— Chief Executive Officer; and namic environmental factors and events, in- (1) to support the practical application of ‘‘(B) to submit a list of anomalous reports cluding— scientific data and research on climate to the appropriate congressional commit- (A) the intensification and frequency of change’s dynamic effects around the world to tees, including status updates on anomalous droughts, floods, wildfires, tropical storms, improve resilience, adaptability, security, services during the 3-year period com- and other extreme weather events; and stability despite growing global environ- mencing on the date of receipt of the first re- (B) changes in historical severe weather, mental risks and changes; port of biased, unprofessional, or otherwise drought, and wildfire patterns; (2) to ensure that the strategic planning problematic content.’’; and (C) the expansion of geographical ranges of and mission execution of United States (2) by adding at the end the following: droughts, floods, and wildfires into regions international development and diplomatic ‘‘(c) LIMITATION ON CORPORATE LEADERSHIP that had not regularly experienced such phe- missions adequately account for heightened OF GRANTEES.—The Chief Executive Officer nomena; and dynamic risks and challenges associated may not award any grant under subsection (D) global sea level rise patterns and the with the effects of climate change; (a) to RFE/RL, Inc., Radio Free Asia, the expansion of geographical ranges affected by (3) to improve coordination between United Middle East Broadcasting Networks, or any drought; and States science agencies conducting research other statutorily authorized grantee (collec- (E) changes in marine environments that and forecasts on the causes and effects of cli- tively referred to as the ‘Agency Grantee effect critical geostrategic waterways, such mate change and United States national se- Networks’) unless the incorporation docu- as the Arctic Ocean, the South China Sea, curity agencies; and ments of the grantee require that the cor- the South Pacific Ocean, the Barents Sea, (4) to better understand the dispropor- porate leadership and Board of Directors of and the Beaufort Sea. tionate effects of global climate disruptions the grantee be selected in accordance with (b) IN GENERAL.—Any commission, advi- on women, girls, indigenous communities, this Act.’’. sory panel, or committee designated by the and other historically marginalized popu- SEC. ll4. INTERNATIONAL BROADCASTING AD- President to examine or evaluate climate se- lations. VISORY BOARD. curity shall comply with the Federal Advi- (c) SCOPE.—The evaluations conducted Section 306 of the United States Inter- sory Committee Act (5 U.S.C. App.). under subsection (a) shall— national Broadcasting Act of 1994 (22 U.S.C. (c) WHISTLEBLOWER PROTECTIONS.—Section (1) examine developing countries’ 6205) is amended— 2302(b)(8)(A) of title 5, United States Code, is vulnerabilities and risks associated with (1) by striking subsections (a) through (c) amended— global, regional, and localized effects of cli- and inserting the following: ‘‘(a) IN GENERAL.—The International (1) in clause (i), by striking ‘‘, or’’ and in- mate change; and Broadcasting Advisory Board (referred to in serting a semicolon; (2) assess and make recommendations on this section as the ‘Advisory Board’) shall (2) by redesignating clause (ii) as clause necessary measures to mitigate risks and re- advise the Chief Executive Officer of the (iii); and duce vulnerabilities associated with effects, (3) by inserting after clause (i) the fol- United States Agency for Global Media, as including— appropriate. lowing: (A) sea level rise; ‘‘(ii) a deliberate manipulation, misjudg- ‘‘(b) RETENTION OF EXISTING BROADCASTING (B) freshwater resource scarcity; BOARD OF GOVERNORS MEMBERS.—The presi- ment, removal, or obfuscation of, or failure (C) wildfires; and dentially appointed and Senate-confirmed to take into account, data and information (D) increased intensity and frequency of members of the Board of the Broadcasting critical to fulsome or accurate national se- extreme weather conditions and events, such Board of Governors who were serving as of curity assessment and planning; or’’. as flooding, drought, and extreme storm December 23, 2016, shall— (d) ACCESSIBILITY OF PROCESSES.—The events, including tropical cyclones. ‘‘(1) constitute the first Advisory Board; President shall ensure that the draft and and final reports, studies, and policy rec- Mr. MENENDEZ submitted ‘‘(2) hold office until replaced without re- ommendations relating to climate security SA 299. appointment to the Advisory Board. research that are compiled by entities work- an amendment intended to be proposed ‘‘(c) COMPOSITION OF THE ADVISORY ing under the direction of the Federal Gov- by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for BOARD.— ernment are made available to the public. ‘‘(1) IN GENERAL.—The Advisory Board military activities of the Department shall consist of 7 members, of whom— SA 298. Mr. MENENDEZ submitted of Defense, for military construction, ‘‘(A) 6 shall be appointed by the President, an amendment intended to be proposed and for defense activities of the De- by and with the advice and consent of the by him to the bill S. 1790, to authorize partment of Energy, to prescribe mili- Senate, in accordance with subsection (d); appropriations for fiscal year 2020 for tary personnel strengths for such fiscal and military activities of the Department year, and for other purposes; which was ‘‘(B) 1 shall be the Secretary of State. of Defense, for military construction, ordered to lie on the table; as follows: ‘‘(2) CHAIR.—The President shall designate, with the advice and consent of the Senate 1 and for defense activities of the De- At the appropriate place, insert the fol- partment of Energy, to prescribe mili- of the members appointed under paragraph lowing: (1)(A) as Chair of the Advisory Board. tary personnel strengths for such fiscal Subtitle ll—U.S. Agency for Global Media ‘‘(3) PARTY LIMITATION.—Not more than 3 year, and for other purposes; which was members of the Advisory Board appointed SEC. ll1. SHORT TITLE. ordered to lie on the table; as follows: under paragraph (1)(A) may be affiliated with This subtitle may be cited as the ‘‘U.S. At the appropriate place, insert the fol- the same political party. Agency for Global Media Reform Act’’. lowing: ‘‘(4) TERMS OF OFFICE.— ll SEC. lll. ENHANCING UNITED STATES INTEL- SEC. 2. SENSE OF CONGRESS. ‘‘(A) IN GENERAL.—Except as provided in LIGENCE ON GLOBAL CLIMATE DIS- It is the sense of Congress that the Office subparagraph (B), members of the Advisory RUPTIONS. of Cuba Broadcasting should— Board shall serve for a single term of 4 years, (a) IN GENERAL.—The Secretary of State, (1) remain an independent entity of the except that, of the first group of members in cooperation with other relevant agencies, United States Agency for Global Media; and appointed under paragraph (1)(A)— shall conduct periodic comprehensive eval- (2) take steps to ensure that the Office is ‘‘(i) 2 members who are not affiliated with uations of present and ongoing disruptions fulfilling its core mission of promoting free- the same political party, shall be appointed to the global climate system, including— dom and democracy by providing the people for terms ending on the date that is 2 years (1) the intensity, frequency, and range of of Cuba with objective news and information after the date of the enactment of the U.S. natural disasters; programming. Agency for Global Media Reform Act;

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‘‘(ii) 2 members who are not affiliated with ‘‘(1) IN GENERAL.—The head of Voice of (3) in section 308— the same political party, shall be appointed America, of the Office of Cuba Broadcasting, (A) in subsection (a), in the matter pre- for terms ending on the date that is 4 years of RFE/RL, Inc., of Radio Free Asia, of the ceding paragraph (1), by striking ‘‘Board’’ after the date of the enactment of the U.S. Middle East Broadcasting Networks, or of and inserting ‘‘Agency’’; Agency for Global Media Reform Act; and any other statutorily authorized grantee (B) in subsection (b), by striking ‘‘Board’’ ‘‘(iii) 2 members who are not affiliated may only be appointed or removed if such ac- each place such term appears and inserting with the same political party, shall be ap- tion has been approved by a majority vote of ‘‘Agency’’; pointed for terms ending on the date that is the Advisory Board. (C) in subsection (d), by striking ‘‘Board’’ 6 years after the date of the enactment of ‘‘(2) REMOVAL.—After consulting with the and inserting ‘‘Agency’’; the U.S. Agency for Global Media Reform Chief Executive Officer, 5 or more members (D) in subsection (g), by striking ‘‘Board’’ Act. of the Advisory Board may unilaterally re- each place such term appears and inserting ‘‘(B) SECRETARY OF STATE.—The Secretary move any such head of network or grantee ‘‘Agency’’; of State shall serve as a member of the Advi- network described in paragraph (1). (E) in subsection (h)(5), by striking sory Board for the duration of his or her ten- ‘‘(3) QUORUM.— ‘‘Board’’ and inserting ‘‘Agency’’; and ure as Secretary of State. ‘‘(A) IN GENERAL.—A quorum shall consist (F) in subsection (i), by striking ‘‘Board’’ ‘‘(5) VACANCIES.— of 4 members of the Advisory Board (exclud- and inserting ‘‘Agency’’; ‘‘(A) IN GENERAL.—The President shall ap- ing the Secretary of State). (4) in section 309— point, with the advice and consent of the ‘‘(B) DECISIONS.—Except as provided in (A) in subsection (c)(1), by striking Senate, additional members to fill vacancies paragraph (2), decisions of the Advisory ‘‘Board’’ each place such term appears and on the Advisory Board occurring before the Board shall be made by majority vote, a inserting ‘‘Agency’’; expiration of a term. quorum being present. (B) in subsection (e), in the matter pre- ‘‘(B) TERM.—Any members appointed pur- ‘‘(C) CLOSED SESSIONS.—The Advisory ceding paragraph (1), by striking ‘‘Board’’ suant to subparagraph (A) shall serve for the Board may meet in closed sessions in accord- and inserting ‘‘Agency’’; remainder of such term. ance with section 552b of title 5, United (C) in subsection (f), by striking ‘‘Board’’ ‘‘(C) SERVICE BEYOND TERM.—Any member States Code. each place such term appears and inserting whose term has expired shall continual to ‘‘(g) COMPENSATION.— ‘‘Agency’’; and serve as a member of the Advisory Board ‘‘(1) IN GENERAL.—Members of the Advisory (D) in subsection (g), by striking ‘‘Board’’ until a qualified successor has been ap- Board, while attending meetings of the Advi- and inserting ‘‘Agency’’; pointed and confirmed by the Senate. sory Board or while engaged in duties relat- (5) in section 310(d), by striking ‘‘Board’’ ‘‘(D) SECRETARY OF STATE.—When there is ing to such meetings or in other activities of and inserting ‘‘Agency’’; a vacancy in the office of Secretary of State, the Advisory Board under this section (in- (6) in section 310A(a), by striking ‘‘Broad- the Acting Secretary of State shall serve as cluding travel time) shall be entitled to re- casting Board of Governors’’ and inserting a member of the Advisory Board until a new ceive compensation equal to the daily equiv- ‘‘United States Agency for Global Media’’; Secretary of State is appointed.’’; alent of the compensation prescribed for (7) in section 310B, by striking ‘‘Board’’ (2) in subsection (d)— level IV of the Executive Schedule under sec- and inserting ‘‘Agency’’; (A) in the subsection heading, by inserting tion 5315 of title 5, United States Code. (8) in section 313(a), in the matter pre- ‘‘ADVISORY’’ before ‘‘BOARD’’; and ‘‘(2) TRAVEL EXPENSES.—While away from ceding paragraph (1), strike ‘‘Board’’ and in- (B) in paragraph (2), by inserting ‘‘who their homes or regular places of business, sert ‘‘Agency’’; are’’ before ‘‘distinguished’’; and members of the Board may be allowed travel (9) in section 314, by striking ‘‘(4) the terms (3) by striking subsections (e) and (f) and expenses, including per diem in lieu of sub- ‘Board and Chief Executive Officer of the inserting the following: sistence, as authorized under section 5703 of Board’ means the Broadcasting Board of ‘‘(e) FUNCTIONS OF THE ADVISORY BOARD.— The members of the Advisory Board shall— such title for persons in the Government Governors’’ and inserting the following: ‘‘(1) provide the Chief Executive Officer of service employed intermittently. ‘‘(2) the terms ‘Agency’ and ‘Chief Execu- the United States Agency for Global Media ‘‘(3) SECRETARY OF STATE.—The Secretary tive Officer of the Agency’ mean the United with advice and recommendations for im- of State is not entitled to any compensation States Agency for Global Media’’; and proving the effectiveness and efficiency of under this title, but may be allowed travel (10) in section 315— the Agency and its programming; expenses in accordance with paragraph (2). (A) in subsection (a)(1), by striking ‘‘(2) meet with the Chief Executive Officer ‘‘(h) SUPPORT STAFF.—The Chief Executive ‘‘Broadcasting Board of Governors’’ and in- at least twice annually and at additional Officer shall, from within existing United serting ‘‘United States Agency for Global meetings at the request of the Chief Execu- States Agency for Global Media personnel, Media’’; and tive Officer or the Chair of the Advisory provide the Advisory Board with an Execu- (B) in subsection (c), by striking ‘‘Broad- Board; tive Secretary and such administrative staff casting Board of Governors’’ and inserting ‘‘(3) report periodically, or upon request, to and support as may be necessary to enable ‘‘United States Agency for Global Media’’. the congressional committees specified in the Advisory Board to carry out subsections subsection (d)(2) regarding its advice and (e) and (f).’’. SA 300. Mr. MANCHIN (for himself, recommendations for improving the effec- SEC. ll5. CONFORMING AMENDMENTS. Mrs. CAPITO, and Mr. ROMNEY) sub- tiveness and efficiency of the United States The United States International Broad- mitted an amendment intended to be Agency for Global Media and its program- casting Act of 1994 (22 U.S.C. 6201 et seq.) is proposed by him to the bill S. 1790, to ming; amended— authorize appropriations for fiscal year (1) in section 304— ‘‘(4) obtain information from the Chief Ex- 2020 for military activities of the De- ecutive Officer, as needed, for the purposes of (A) in the section heading, by striking partment of Defense, for military con- fulfilling the functions described in this sub- ‘‘BROADCASTING BOARD OF GOVERNORS’’ and in- section; serting ‘‘UNITED STATES AGENCY FOR GLOBAL struction, and for defense activities of ‘‘(5) consult with the Chief Executive Offi- MEDIA’’; the Department of Energy, to prescribe cer regarding budget submissions and stra- (B) in subsection (a), by striking ‘‘Broad- military personnel strengths for such tegic plans before they are submitted to the casting Board of Governors’’ and inserting fiscal year, and for other purposes; Office of Management and Budget or to Con- ‘‘United States Agency for Global Media’’; which was ordered to lie on the table; gress; (C) in subsection (b)(1), by striking ‘‘Broad- as follows: ‘‘(6) advise the Chief Executive Officer to casting Board of Governors’’ and inserting ensure that— ‘‘United States Agency for Global Media’’; At the end of subtitle G of title V, add the ‘‘(A) the Chief Executive Officer fully re- and following: spects the professional integrity and edi- (D) in subsection (c), by striking ‘‘Board’’ SEC. 589. HONORING THE LAST SURVIVING torial independence of United States Agency each place such term appears and inserting MEDAL OF HONOR RECIPIENT OF for Global Media broadcasters, networks, and ‘‘Agency’’; WORLD WAR II. grantees; and (2) in section 305— (a) USE OF ROTUNDA.—The individual who ‘‘(B) agency networks, broadcasters, and (A) in subsection (a)— is the last surviving recipient of the Medal of grantees adhere to the highest professional (i) in paragraph (6), by striking ‘‘Board’’ Honor for acts performed during World War standards and ethics of journalism, including and inserting ‘‘Agency’’; II shall be permitted to lie in state in the ro- taking necessary actions to uphold profes- (ii) in paragraph (13), by striking ‘‘Board’’ tunda of the Capitol upon death, if the indi- sional standards to produce consistently reli- and inserting ‘‘Agency’’; vidual (or the next of kin of the individual) able and authoritative, accurate, objective, (iii) in paragraph (20), by striking ‘‘Board’’ so elects. and comprehensive news and information; and inserting ‘‘Agency’’; and (b) IMPLEMENTATION.—The Architect of the and (iv) in paragraph (22), by striking ‘‘Board’’ Capitol, under the direction of the President ‘‘(7) provide other strategic input to the and inserting ‘‘Agency’’; pro tempore of the Senate and the Speaker Chief Executive Officer. (B) in subsection (b), by striking ‘‘Board’’ of the House of Representatives, shall take ‘‘(f) APPOINTMENT OF HEADS OF NET- each place such term appears and inserting the necessary steps to implement subsection WORKS.— ‘‘Agency’’; (a).

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.064 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3399 SA 301. Mr. MANCHIN submitted an shall file with the Secretary of the Treasury of collective bargaining agreements, and fi- amendment intended to be proposed by or the Secretary’s delegate and the Pension nancial reports, and such other information him to the bill S. 1790, to authorize ap- Benefit Guaranty Corporation a report (in- as the Secretary of the Treasury or the Sec- propriations for fiscal year 2020 for cluding appropriate documentation and ac- retary’s delegate, in consultation with the tuarial certifications from the plan actuary, military activities of the Department Secretary of Labor and the Director of the as required by the Secretary of the Treasury Pension Benefit Guaranty Corporation, may of Defense, for military construction, or the Secretary’s delegate) that contains— require. and for defense activities of the De- ‘‘(I) whether the plan is in endangered or ‘‘(ii) ELECTRONIC SUBMISSION.—The report partment of Energy, to prescribe mili- critical status under section 305 of the Em- required under clause (i) shall be submitted tary personnel strengths for such fiscal ployee Retirement Income Security Act of electronically. year, and for other purposes; which was 1974 and section 432 of the Internal Revenue ‘‘(iii) INFORMATION SHARING.—The Sec- ordered to lie on the table; as follows: Code of 1986 as of the first day of such plan retary of the Treasury or the Secretary’s At the appropriate place, insert the fol- year; delegate shall share the information in the lowing: ‘‘(II) the funded percentage (as defined in report under clause (i) with the Secretary of section 432(j)(2) of such Code) as of the first SEC. llll. AMERICAN MINERS ACT OF 2019. Labor. day of such plan year, and the underlying ac- (a) TRANSFERS TO 1974 UMWA PENSION ‘‘(iv) PENALTY.—Any failure to file the re- tuarial value of assets and liabilities taken PLAN.— port required under clause (i) on or before into account in determining such percent- (1) IN GENERAL.—Subsection (i) of section the date described in such clause shall be age; 402 of the Surface Mining Control and Rec- treated as a failure to file a report required ‘‘(III) the market value of the assets of the lamation Act of 1977 (30 U.S.C. 1232) is to be filed under section 6058(a) of the Inter- plan as of the last day of the plan year pre- amended— nal Revenue Code of 1986, except that section ceding such plan year; (A) in paragraph (3)(A), by striking 6652(e) of such Code shall be applied with re- ‘‘(IV) the total value of all contributions ‘‘$490,000,000’’ and inserting ‘‘$750,000,000’’; spect to any such failure by substituting made during the plan year preceding such (B) by redesignating paragraph (4) as para- ‘$100’ for ‘$25’. The preceding sentence shall plan year; graph (5); and not apply if the Secretary of the Treasury or ‘‘(V) the total value of all benefits paid the Secretary’s delegate determines that (C) by inserting after paragraph (3) the fol- during the plan year preceding such plan lowing: reasonable diligence has been exercised by year; the trustees of such plan in attempting to ‘‘(4) ADDITIONAL AMOUNTS.— ‘‘(VI) cash flow projections for such plan ‘‘(A) CALCULATION.—If the dollar limitation timely file such report. year and either the 6 or 10 succeeding plan ‘‘(G) 1974 UMWA PENSION PLAN DEFINED.— specified in paragraph (3)(A) exceeds the ag- years, at the election of the trustees, and the gregate amount required to be transferred For purposes of this paragraph, the term assumptions relied upon in making such pro- ‘1974 UMWA Pension Plan’ has the meaning under paragraphs (1) and (2) for a fiscal year, jections; the Secretary of the Treasury shall transfer given the term in section 9701(a)(3) of the In- ‘‘(VII) funding standard account projec- ternal Revenue Code of 1986, but without re- an additional amount equal to the difference tions for such plan year and the 9 succeeding between such dollar limitation and such ag- gard to the limitation on participation to in- plan years, and the assumptions relied upon dividuals who retired in 1976 and there- gregate amount to the trustees of the 1974 in making such projections; after.’’. UMWA Pension Plan to pay benefits required ‘‘(VIII) the total value of all investment (2) EFFECTIVE DATES.— under that plan. gains or losses during the plan year pre- (A) IN GENERAL.—The amendments made ‘‘(B) CESSATION OF TRANSFERS.—The trans- ceding such plan year; by this subsection shall apply to fiscal years fers described in subparagraph (A) shall ‘‘(IX) any significant reduction in the num- beginning after September 30, 2016. cease as of the first fiscal year beginning ber of active participants during the plan (B) REPORTING REQUIREMENTS.—Section after the first plan year for which the funded year preceding such plan year, and the rea- 402(i)(4)(F) of the Surface Mining Control and percentage (as defined in section 432(j)(2) of son for such reduction; Reclamation Act of 1977 (30 U.S.C. the Internal Revenue Code of 1986) of the 1974 ‘‘(X) a list of employers that withdrew 1232(i)(4)(F)), as added by this subsection, UMWA Pension Plan is at least 100 percent. from the plan in the plan year preceding ‘‘(C) PROHIBITION ON BENEFIT INCREASES, such plan year, and the resulting reduction shall apply to plan years beginning after the ETC.—During a fiscal year in which the 1974 in contributions; date of the enactment of this Act. UMWA Pension Plan is receiving transfers ‘‘(XI) a list of employers that paid with- (b) INCLUSION IN MULTIEMPLOYER HEALTH under subparagraph (A), no amendment of drawal liability to the plan during the plan BENEFIT PLAN.—Section 402(h)(2)(C) of the such plan which increases the liabilities of year preceding such plan year and, for each Surface Mining Control and Reclamation the plan by reason of any increase in bene- employer, a total assessment of the with- Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amend- fits, any change in the accrual of benefits, or drawal liability paid, the annual payment ed— any change in the rate at which benefits be- amount, and the number of years remaining (1) by striking ‘‘the Health Benefits for come nonforfeitable under the plan may be in the payment schedule with respect to such Miners Act of 2017’’ both places it appears in adopted unless the amendment is required as withdrawal liability; clause (ii) and inserting ‘‘the National De- a condition of qualification under part I of ‘‘(XII) any material changes to benefits, fense Authorization Act for Fiscal Year subchapter D of chapter 1 of the Internal accrual rates, or contribution rates during 2020’’; Revenue Code of 1986. the plan year preceding such plan year; (2) by striking ‘‘, would be denied or re- ‘‘(D) TREATMENT OF TRANSFERS FOR PUR- ‘‘(XIII) any scheduled benefit increase or duced as a result of a bankruptcy proceeding POSES OF WITHDRAWAL LIABILITY UNDER decrease in the plan year preceding such plan commenced in 2012 or 2015’’ in clause (ii)(II) ERISA.—The amount of any transfer made year having a material effect on liabilities of and inserting ‘‘or a related coal wage agree- under subparagraph (A) (and any earnings the plan; ment, would be denied or reduced as a result attributable thereto) shall be disregarded in ‘‘(XIV) details regarding any funding im- of a bankruptcy proceeding commenced in determining the unfunded vested benefits of provement plan or rehabilitation plan and 2012, 2015, or 2018’’; the 1974 UMWA Pension Plan and the alloca- updates to such plan; (3) by striking ‘‘January 1, 2017’’ in clause tion of such unfunded vested benefits to an ‘‘(XV) the number of participants and (ii) and inserting ‘‘January 1, 2018’’; and employer for purposes of determining the beneficiaries during the plan year preceding (4) by adding at the end the following new employer’s withdrawal liability under sec- such plan year who are active participants, clause: tion 4201 of the Employee Retirement In- the number of participants and beneficiaries ‘‘(vi) RELATED COAL WAGE AGREEMENT.—For come Security Act of 1974. in pay status, and the number of terminated purposes of clause (ii), the term ‘related coal ‘‘(E) REQUIREMENT TO MAINTAIN CONTRIBU- vested participants and beneficiaries; wage agreement’ means an agreement be- TION RATE.—A transfer under subparagraph ‘‘(XVI) the information contained on the tween the United Mine Workers of America (A) shall not be made for a fiscal year unless most recent annual funding notice submitted and an employer in the bituminous coal in- the persons that are obligated to contribute by the plan under section 101(f) of the Em- dustry that— to the 1974 UMWA Pension Plan on the date ployee Retirement Income Security Act of ‘‘(I) is a signatory operator; or of the transfer are obligated to make the 1974; ‘‘(II) is or was a debtor in a bankruptcy contributions at rates that are no less than ‘‘(XVII) the information contained on the proceeding that was consolidated, adminis- those in effect on the date which is 30 days most recent Department of Labor Form 5500 tratively or otherwise, with the bankruptcy before the date of enactment of the National of the plan; and proceeding of a signatory operator or a re- Defense Authorization Act for Fiscal Year ‘‘(XVIII) copies of the plan document and lated person to a signatory operator (as 2020. amendments, other retirement benefit or an- those terms are defined in section 9701(c) of ‘‘(F) ENHANCED ANNUAL REPORTING.— cillary benefit plans relating to the plan and the Internal Revenue Code of 1986).’’. ‘‘(i) IN GENERAL.—Not later than the 90th contribution obligations under such plans, a (c) REDUCTION IN MINIMUM AGE FOR ALLOW- day of each plan year beginning after the breakdown of administrative expenses of the ABLE IN-SERVICE DISTRIBUTIONS.— date of enactment of the National Defense plan, participant census data and distribu- (1) IN GENERAL.—Section 401(a)(36) of the Authorization Act for Fiscal Year 2020, the tion of benefits, the most recent actuarial Internal Revenue Code of 1986 is amended by trustees of the 1974 UMWA Pension Plan valuation report as of the plan year, copies striking ‘‘age 62’’ and inserting ‘‘age 591⁄2’’.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.071 S12JNPT1 S3400 CONGRESSIONAL RECORD — SENATE June 12, 2019

(2) APPLICATION TO GOVERNMENTAL SECTION (c) REPORT.—Not later than 180 days after SEC. llll. REQUIREMENT FOR FULL-DISK 457(b) PLANS.—Clause (i) of section the date of the enactment of this Act, the ENCRYPTION OF NATIONAL SECU- 457(d)(1)(A) of the Internal Revenue Code of Secretary of Defense and the Secretary of RITY SYSTEMS. 1986 is amended by inserting ‘‘(in the case of State shall jointly submit to the appropriate (a) REQUIREMENT.—Not later than 180 days a plan maintained by an employer described committees of Congress a report detailing after the date of the enactment of this Act, the Committee on National Security Sys- in subsection (e)(1)(A), age 591⁄2)’’ before the the updated strategy required under sub- comma at the end. section (a). tems shall update Committee on National Security Systems Instruction Number 1253 (3) EFFECTIVE DATE.—The amendments (d) APPROPRIATE COMMITTEES OF CONGRESS entitled ‘‘Security Categorization and Con- made by this subsection shall apply to plan DEFINED.—In this section, the term ‘‘appro- years beginning after December 31, 2017. priate committees of Congress’’ has the trol Selection for National Security Sys- (d) BLACK LUNG LIABILITY TRUST FUND EX- meaning given the term in subsection (e) of tems’’ to require that each national security CISE TAX.— such section 1239A. system be configured to protect, with full- (1) IN GENERAL.—Section 4121(e)(2)(A) of the disk encryption, all information stored at Internal Revenue Code of 1986 is amended by SA 304. Mr. BLUMENTHAL (for him- rest on that system unless the head of the entity responsible for that system obtains a striking ‘‘December 31, 2018’’ and inserting self, Mr. SCHUMER, Mrs. GILLIBRAND, ‘‘December 31, 2028’’. written waiver of such requirement from and Mr. MURPHY) submitted an amend- both the Chief Information Security Officer (2) EFFECTIVE DATE.—The amendment ment intended to be proposed by him of the Department of Defense and the Chief made by this subsection shall apply to sales to the bill S. 1790, to authorize appro- after December 31, 2018. Information Security Officer of the National priations for fiscal year 2020 for mili- Security Agency. SA 302. Mr. MANCHIN submitted an tary activities of the Department of (b) NOTICE.—In any case in which the Chief amendment intended to be proposed by Defense, for military construction, and Information Security Officer of the Depart- ment of Defense and the Chief Information him to the bill S. 1790, to authorize ap- for defense activities of the Depart- Security Officer of the National Security propriations for fiscal year 2020 for ment of Energy, to prescribe military Agency both provide waivers for a national military activities of the Department personnel strengths for such fiscal security system under subsection (a) for a of Defense, for military construction, year, and for other purposes; which was national security system, such chief infor- and for defense activities of the De- ordered to lie on the table; as follows: mation security officers shall, not later than partment of Energy, to prescribe mili- At the end of subtitle H of title X, add the 30 days after both waivers have been issued, tary personnel strengths for such fiscal following: jointly submit to the appropriate commit- tees of Congress copies of such waivers. year, and for other purposes; which was SEC. 1lll. REPEAL OF REQUIREMENT TO SELL (c) DEFINITION OF APPROPRIATE COMMITTEES ordered to lie on the table; as follows: CERTAIN FEDERAL PROPERTY IN PLUM ISLAND, NEW YORK. OF CONGRESS.—In this section, the term ‘‘ap- At the end of subtitle A of title VIII, add propriate committees of Congress’’ means— the following: (a) REPEAL OF REQUIREMENT IN PUBLIC LAW 110–329.—Section 540 of the Department of (1) the Committee on Armed Services, the SEC. 811. MODIFICATION TO BERRY AMENDMENT Homeland Security Appropriations Act, 2009 Select Committee on Intelligence, and the TO ADD DINNERWARE TO LIST OF Committee on Homeland Security and Gov- COVERED ITEMS. (division D of Public Law 110–329; 122 Stat. 3688) is repealed. ernmental Affairs of the Senate; and Section 2533a(b) of title 10, United States (2) the Committee on Armed Services, the Code, is amended by adding at the end the (b) REPEAL OF REQUIREMENT IN PUBLIC LAW 112–74.—Section 538 of the Department of Permanent Select Committee on Intel- following new paragraph: ligence, and the Committee on Homeland Se- ‘‘(3) Ceramic dinnerware.’’. Homeland Security Appropriations Act, 2012 (6 U.S.C. 190 note; division D of Public Law curity of the House of Representatives. 112–74) is repealed. SA 303. Mr. REED submitted an SA 307. Mr. WYDEN submitted an amendment intended to be proposed by SA 305. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize ap- him to the bill S. 1790, to authorize ap- propriations for fiscal year 2020 for amendment intended to be proposed by him to the bill S. 1790, to authorize ap- propriations for fiscal year 2020 for military activities of the Department military activities of the Department of Defense, for military construction, propriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the De- and for defense activities of the De- partment of Energy, to prescribe mili- of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal tary personnel strengths for such fiscal year, and for other purposes; which was partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: ordered to lie on the table; as follows: At the appropriate place in title XII, insert year, and for other purposes; which was At the end of subtitle H of title X, add the the following: ordered to lie on the table; as follows: following: SEC. 12ll. UPDATED STRATEGY TO COUNTER At the appropriate place in title X, insert SEC. 1086. PRESERVING AMERICAN JUSTICE. THE THREAT OF MALIGN INFLU- the following: ENCE BY THE RUSSIAN FEDERATION (a) SHORT TITLE.—This section may be SEC. lll. REPORT ON DEATH OF JAMAL cited as the ‘‘Preserving American Justice AND OTHER COUNTRIES. KHASHOGGI. (a) IN GENERAL.—The Secretary of Defense Act’’. (a) IN GENERAL.—Not later than 30 days (b) INVESTIGATION OF CERTAIN FOREIGN NA- and the Secretary of State, in coordination after the date of the enactment of this Act, TIONALS.— with the appropriate United States Govern- the Director of National Intelligence shall (1) INVESTIGATION.—Not later than 90 days ment officials, shall jointly update, with the submit to Congress a report on the death of additional elements described in subsection after the date of enactment of this Act, the Jamal Khashoggi. Such report shall include (b), the comprehensive strategy to counter Attorney General shall complete an inves- identification of those who carried out, par- the threat of malign influence developed pur- tigation of whether the Government of Saudi ticipated in, ordered, or were otherwise suant to section 1239A of the National De- Arabia materially assisted or facilitated any complicit in or responsible for the death of fense Authorization Act for Fiscal Year 2018 citizen or national of Saudi Arabia, includ- Jamal Khashoggi. (Public Law 115–91; 131 Stat. 1667). ing Abdulrahman Noorah, Abdulaziz Al (b) FORM.—The report submitted under (b) ADDITIONAL ELEMENTS.—The updated Duways, Waleed Ali Alharthi, Suliman Ali subsection (a) shall be submitted in unclassi- strategy required under subsection (a) shall Algwaiz, and Ali Hussain Alhamoud, in de- include the following: fied form. parting from the United States while the cit- (1) With respect to each element specified Mr. WYDEN submitted an izen or national was awaiting trial or sen- in paragraphs (1) through (7) of subsection SA 306. tencing for a criminal offense committed in (b) of such section 1239A, actions to counter amendment intended to be proposed by the United States. the threat of malign influence operations by him to the bill S. 1790, to authorize ap- (2) REPORT.—If the Attorney General deter- the People’s Republic of China and any other propriations for fiscal year 2020 for mines that the Government of Saudi Arabia country engaged in significant malign influ- military activities of the Department did materially assist or facilitate a citizen or ence operations. of Defense, for military construction, national of Saudi Arabia as described in (2) A description of the interagency organi- and for defense activities of the De- paragraph (1), the Attorney General shall zational structures and procedures for co- partment of Energy, to prescribe mili- submit a written report to Congress and the ordinating the implementation of the com- tary personnel strengths for such fiscal Secretary of State detailing the findings of prehensive strategy for countering malign the investigation. influence by the Russian Federation, the year, and for other purposes; which was (3) PROHIBITION ON ISSUANCE AND REVOCA- People’s Republic of China, and any other ordered to lie on the table; as follows: TION OF CERTAIN VISAS.— country engaged in significant malign influ- At the end of subtitle C of title XVI, add (A) IN GENERAL.—Except as provided under ence operations. the following: subparagraph (B), if the Secretary of State

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.071 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3401 receives a report under paragraph (2), the of the Internal Revenue Code of 1986 is (10) In 2013, the medical school of the De- Secretary of State may not issue a visa, and amended— partment of Defense, part of the Uniformed shall revoke any visa issued, to a Member of (A) by redesignating subsection (c) as sub- Services University of the Health Sciences, the Council of Ministers of Saudi Arabia, an section (d); and replaced animal use within its medical stu- immediate family member of a Member of (B) by inserting after subsection (b) the dent curriculum. the Council of Ministers of Saudi Arabia, a following: (11) The Coast Guard announced in 2014 descendant of the King of Saudi Arabia, or ‘‘(c) EXCEPTION.—Subsection (a)(1) shall that it would reduce by half the number of an immediate family member of such a de- not apply to any foreign government which animals it uses for combat trauma training scendant until the date on which the citizen is identified on the list maintained by the courses but stated that animals would con- or national of Saudi Arabia described in the Attorney General pursuant to subsection tinue to be used in courses designed for De- report is extradited to the United States for (c)(3) of the Preserving American Justice Act partment of Defense personnel. completion of the trial or sentencing. for any period beginning with the date that (12) Effective January 1, 2015, the Depart- (B) EXCEPTION.—The Secretary of State is 30 days after the date such foreign govern- ment of Defense replaced animal use in six may issue a visa otherwise prohibited under ment is added to such list and ending with areas of medical training, including Ad- subparagraph (A), or not revoke a visa other- the date such foreign government is removed vanced Trauma Life Support courses and the wise required to be revoked under such sub- from such list.’’. development and maintenance of surgical paragraph, if the Secretary determines that and critical care skills for field operational it is necessary— SA 308. Mr. WYDEN submitted an surgery and field assessment and skills tests (i) to enable the President to receive an amendment intended to be proposed by for international students offered at the De- Ambassador or other public Minister under him to the bill S. 1790, to authorize ap- fense Institute of Medical Operations. Article II, section 3, of the Constitution in a propriations for fiscal year 2020 for (b) REQUIREMENT.— manner consistent with the Vienna Conven- military activities of the Department (1) IN GENERAL.—Chapter 101 of title 10, tions on Diplomatic and Consular Relations; United States Code, is amended by adding at or of Defense, for military construction, the end the following new section: (ii) to permit the United States to comply and for defense activities of the De- ‘‘§ 2017. Use of human-based methods for cer- with the Agreement regarding the Head- partment of Energy, to prescribe mili- tain medical training quarters of the United Nations, signed at tary personnel strengths for such fiscal Lake Success June 26, 1947, and entered into ‘‘(a) COMBAT TRAUMA INJURIES.—(1) Not year, and for other purposes; which was later than October 1, 2020, the Secretary of force November 21, 1947, between the United ordered to lie on the table; as follows: Nations and the United States, or with any Defense shall develop, test, and validate other applicable international obligations. At the end of subtitle B of title VII, add human-based training methods for the pur- (C) VIENNA CONVENTIONS ON DIPLOMATIC AND the following: pose of training members of the armed forces CONSULAR RELATIONS DEFINED.—In this para- SEC. 718. REQUIREMENT TO USE HUMAN-BASED in the treatment of combat trauma injuries graph, the term ‘‘Vienna Conventions on METHODS FOR CERTAIN MEDICAL with the goal of replacing live animal-based Diplomatic and Consular Relations’’ means— TRAINING. training methods. (i) the Vienna Convention on Diplomatic (a) FINDINGS.—Congress makes the fol- ‘‘(2) Not later than October 1, 2022, the Sec- Relations, done at Vienna April 18, 1961; and lowing findings: retary— (ii) the Vienna Convention on Consular Re- (1) The Department of Defense has made ‘‘(A) shall only use human-based training lations, done at Vienna April 24, 1963. impressive strides in the development and methods for the purpose of training members (c) TREATMENT OF FOREIGN NATIONALS use of methods of medical training and troop of the armed forces in the treatment of com- FLEEING THE UNITED STATES DURING CRIMI- protection, such as the use of tourniquets bat trauma injuries; and NAL PROCEEDINGS.— and improvements in body armor, that have ‘‘(B) may not use animals for such purpose. (1) FOREIGN NATIONAL DEFINED.—In this led to decreased battlefield fatalities. ‘‘(b) EXCEPTION FOR PARTICULAR COMMANDS subsection, the term ‘‘foreign national’’ (2) The Department of Defense uses more AND TRAINING METHODS.—(1) The Secretary means an individual in the United States than 8,500 live animals each year to train may exempt a particular command, par- who is not a citizen of the United States. physicians, medics, corpsmen, and other per- ticular training method, or both, from the (2) REPORT.—Not later than 6 months after sonnel methods of responding to severe bat- requirement for human-based training meth- the date of enactment of this Act, and once tlefield injuries. ods under subsection (a)(2) if the Secretary every year thereafter, the Attorney General, (3) The civilian sector has almost exclu- determines that human-based training meth- acting through the Director of the Bureau of sively phased in the use of superior human- ods will not provide an educationally equiva- Justice Statistics, in coordination with the based training methods for numerous med- lent or superior substitute for live animal- Secretary of Homeland Security, shall— ical procedures currently taught in military based training methods for such command or (A) collect information from State courts courses using animals. training method, as the case may be. and law enforcement agencies on any foreign (4) Human-based medical training methods ‘‘(2) Any exemption under this subsection nationals who have, during the reporting pe- such as simulators replicate human anatomy shall be for such period, not more than one riod, departed from the United States while and can allow for repetitive practice and year, as the Secretary shall specify in grant- awaiting trial or sentencing for a criminal data collection. ing the exemption. Any exemption may be offense committed in the United States; and (5) According to scientific, peer-reviewed renewed (subject to the preceding sentence). (B) publish a report based on the informa- literature, medical simulation increases pa- ‘‘(c) ANNUAL REPORTS.—(1) Not later than tion collected under subparagraph (A). tient safety and decreases errors by October 1, 2018, and each year thereafter, the (3) LIST OF COUNTRIES.— healthcare providers. Secretary shall submit to the congressional (A) IN GENERAL.—The Attorney General, in (6) The Army Research, Development and defense committees a report on the develop- coordination with the Director of National Engineering Command and other entities of ment and implementation of human-based Intelligence, shall establish and maintain a the Department of Defense have taken sig- training methods for the purpose of training list of countries the governments of which nificant steps to develop methods to replace members of the armed forces in the treat- have, in the determination of the Attorney live animal-based training. ment of combat trauma injuries under this General, materially assisted or facilitated (7) According to the report by the Depart- section. the departure of any foreign national in- ment of Defense titled ‘‘Final Report on the ‘‘(2) Each report under this subsection on cluded in the report required under para- use of Live Animals in Medical Education or after October 1, 2022, shall include a de- graph (2). and Training Joint Analysis Team’’, pub- scription of any exemption under subsection (B) DETERMINATION.—In establishing and lished on July 12, 2009— (b) that is in force at the time of such report, maintaining the list required under subpara- (A) validated, high-fidelity simulators and a current justification for such exemp- graph (A), the Attorney General— were to have been available for nearly every tion. (i) shall take into account the information high-volume or high-value battlefield med- ‘‘(d) DEFINITIONS.—In this section: in the annual reports published under para- ical procedure by the end of 2011, and many ‘‘(1) The term ‘combat trauma injuries’ graph (2)(B); and were available as of 2009; and means severe injuries likely to occur during (ii) may include or remove any country as (B) validated, high-fidelity simulators were combat, including— the Attorney General determines appro- to have been available to teach all other pro- ‘‘(A) hemorrhage; priate. cedures to respond to common battlefield in- ‘‘(B) tension pneumothorax; (C) REPORT TO CONGRESS.—Not later than 1 juries by 2014. ‘‘(C) amputation resulting from blast in- year after the date of enactment of this Act, (8) The Center for Sustainment of Trauma jury; and once every year thereafter, the Attorney and Readiness Skills of the Air Force exclu- ‘‘(D) compromises to the airway; and General shall submit to Congress a report on sively uses human-based training methods in ‘‘(E) other injuries. the procedures used by the Attorney General its courses and does not use animals. ‘‘(2) The term ‘human-based training meth- in determining which countries are on the (9) In 2013, the Army instituted a policy ods’ means, with respect to training individ- list maintained under subparagraph (A). forbidding non-medical personnel from par- uals in medical treatment, the use of sys- (4) LOSS OF TAX EXCLUSION FOR FOREIGN ticipating in training courses involving the tems and devices that do not use animals, in- GOVERNMENTS INCLUDED ON LIST.—Section 892 use of animals. cluding—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.072 S12JNPT1 S3402 CONGRESSIONAL RECORD — SENATE June 12, 2019 ‘‘(A) simulators; ical Research and Materiel Command, at the (1) improves the lethality, range, and speed ‘‘(B) partial task trainers; baseline for such amounts for fiscal year of energetic weapons; ‘‘(C) moulage; 2019, shall be transferred from accounts for (2) advances the development of high yield ‘‘(D) simulated combat environments; research, development, test, and evaluation conventional energetics capabilities; and ‘‘(E) human cadavers; and for the Army to accounts for the Defense (3) increases the size of the national ener- ‘‘(F) rotations in civilian and military Health Program. getic workforce. trauma centers. (c) CONTINUATION AS CENTER OF EXCEL- ‘‘(3) The term ‘partial task trainers’ means LENCE.—After completion of the realignment SA 313. Ms. MURKOWSKI (for her- training aids that allow individuals to learn described in subsection (a), the Army Med- self, Mr. MANCHIN, Mr. TILLIS, Mr. or practice specific medical procedures.’’. ical Research and Materiel Command and CRAMER, Mrs. CAPITO, Mr. SULLIVAN, (2) CLERICAL AMENDMENT.—The table of Fort Detrick shall continue to serve as a Mr. RISCH, Mr. JONES, and Ms. sections at the beginning of chapter 101 of Center of Excellence for Joint Biomedical MCSALLY) submitted an amendment in- such title is amended by adding at the end Research, Development and Acquisition tended to be proposed by her to the bill the following new item: Management for efforts undertaken under the Defense Health Program. S. 1790, to authorize appropriations for ‘‘2017. Use of human-based methods for cer- fiscal year 2020 for military activities tain medical training.’’. SA 311. Mr. CARDIN submitted an of the Department of Defense, for mili- SA 309. Mr. PERDUE submitted an amendment intended to be proposed by tary construction, and for defense ac- amendment intended to be proposed by him to the bill S. 1790, to authorize ap- tivities of the Department of Energy, him to the bill S. 1790, to authorize ap- propriations for fiscal year 2020 for to prescribe military personnel propriations for fiscal year 2020 for military activities of the Department strengths for such fiscal year, and for military activities of the Department of Defense, for military construction, other purposes; which was ordered to of Defense, for military construction, and for defense activities of the De- lie on the table; as follows: and for defense activities of the De- partment of Energy, to prescribe mili- At the appropriate place in title lll, in- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal sert the following: tary personnel strengths for such fiscal year, and for other purposes; which was Subtitle lll—Minerals Security and year, and for other purposes; which was ordered to lie on the table; as follows: Technology ordered to lie on the table; as follows: At the end of title XI, add the following: PART I—AMERICAN MINERAL SECURITY SEC. ll01. DEFINITIONS. At the end of subtitle A of title X, add the SEC. 1106. REPORTS ON USE OF DIRECT HIRING following: AUTHORITIES BY THE DEPARTMENT In this part: OF DEFENSE. (1) BYPRODUCT.—The term ‘‘byproduct’’ SEC. 1008. INCLUSION OF PROGRESS OF THE DE- means a critical mineral— PARTMENT OF DEFENSE IN ACHIEV- Not later than 180 days after the date of ING AUDITABLE FINANCIAL STATE- the enactment of this Act, the Secretary of (A) the recovery of which depends on the MENTS IN ANNUAL REPORTS ON Defense (with respect to the Department of production of a host mineral that is not des- THE FINANCIAL IMPROVEMENT AND Defense) and each Secretary of a military de- ignated as a critical mineral; and AUDIT REMEDIATION PLAN. partment (with respect to such military de- (B) that exists in sufficient quantities to Section 240b(b)(1)(B) of title 10, United partment) shall submit to the congressional be recovered during processing or refining. States Code, is amended by adding at the end defense committees a report on the use by (2) CRITICAL MINERAL.— the following new clause: the department concerned of direct hiring (A) IN GENERAL.—The term ‘‘critical min- ‘‘(ix) A ranking each of the military de- authority (DHA) for civilian employees of eral’’ means any mineral, element, sub- partments and Defense Agency in order of its such department. Each report shall set forth stance, or material designated as critical by current progress in achieving auditable fi- the following: the Secretary under section ll03. nancial statements as required by law, and (1) Citations to each of the direct hiring (B) EXCLUSIONS.—The term ‘‘critical min- for each military department or Defense authorities currently available to the de- eral’’ does not include— Agency that is so ranked in the bottom quar- partment concerned. (i) fuel minerals, including oil, natural gas, tile, separate information from the head of (2) The current number of civilian employ- or any other fossil fuels; or such department or Defense Agency on the ees of the department concerned who were (ii) water, ice, or snow. following: hired using direct hiring authority (whether (3) CRITICAL MINERAL MANUFACTURING.—The ‘‘(I) A description of the material weak- or not such authority is currently in force), term ‘‘critical mineral manufacturing’’ nesses of such military department or De- and the grade level and occupational series means— fense Agency in achieving auditable finan- of such civilian employees. (A) the exploration, development, mining, cial statements. (3) A description and assessment of the production, processing, refining, alloying, ‘‘(II) The underlying causes of each such challenges, if any, faced by the department separation, concentration, magnetic sinter- weakness. concerned in hiring civilian employees for ing, melting, or beneficiation of critical min- ‘‘(III) A plan for remediating each such critical positions and occupational series, erals within the United States; weakness.’’. and a description and assessment of the role (B) the fabrication, assembly, or produc- of current or potential direct hiring authori- tion, within the United States, of equipment, SA 310. Mr. CARDIN submitted an ties in addressing such challenges. components, or other goods with energy amendment intended to be proposed by (4) A proposal for increasing the number of technology-, defense-, agriculture-, consumer him to the bill S. 1790, to authorize ap- civilian employees of the department con- electronics-, or health care-related applica- propriations for fiscal year 2020 for cerned who are employed using direct hiring tions; or military activities of the Department authority. (C) any other value-added, manufacturing- related use of critical minerals undertaken of Defense, for military construction, within the United States. and for defense activities of the De- SA 312. Mr. CARDIN submitted an amendment intended to be proposed by (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ partment of Energy, to prescribe mili- has the meaning given the term in section 4 tary personnel strengths for such fiscal him to the bill S. 1790, to authorize ap- of the Indian Self-Determination and Edu- year, and for other purposes; which was propriations for fiscal year 2020 for cation Assistance Act (25 U.S.C. 5304). ordered to lie on the table; as follows: military activities of the Department (5) SECRETARY.—The term ‘‘Secretary’’ of Defense, for military construction, At the end of subtitle B of title VII, add means the Secretary of the Interior. the following: and for defense activities of the De- (6) STATE.—The term ‘‘State’’ means— partment of Energy, to prescribe mili- (A) a State; SEC. 718. PRESERVATION OF RESOURCES OF THE (B) the District of Columbia; ARMY MEDICAL RESEARCH AND MA- tary personnel strengths for such fiscal TERIEL COMMAND AND TREATMENT year, and for other purposes; which was (C) the Commonwealth of Puerto Rico; (D) Guam; OF REALIGNMENT OF SUCH COM- ordered to lie on the table; as follows: MAND. (E) American Samoa; (a) IN GENERAL.—The Secretary of Defense At the end of subtitle C of title II, add the (F) the Commonwealth of the Northern shall preserve the resources of the Army following: Mariana Islands; and Medical Research and Materiel Command for SEC. lll. ENERGETICS PLAN. (G) the United States Virgin Islands. use by such command, which shall include The Secretary of the Navy shall, working SEC. ll02. POLICY. manpower and funding, as such command re- with the technical directors at the Naval (a) IN GENERAL.—Section 3 of the National aligns with the Army Futures Command in Surface Warfare Centers, develop an Materials and Minerals Policy, Research and 2019 and the Defense Health Agency in 2020. energetics research and development plan to Development Act of 1980 (30 U.S.C. 1602) is (b) TRANSFER OF FUNDS.—Upon completion ensure a long-term multi-domain research, amended in the second sentence— of the realignment described in subsection development, prototyping, and experimen- (1) by striking paragraph (3) and inserting (a), all amounts available for the Army Med- tation effort that— the following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.072 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3403 ‘‘(3) establish an analytical and forecasting (1) a description of the final methodology information and datasets, including explo- capability for identifying critical mineral for determining which minerals, elements, ration histories. demand, supply, and other factors to allow substances, and materials qualify as critical (b) SUPPLEMENTARY INFORMATION.—In car- informed actions to be taken to avoid supply minerals; and rying out this section, the Secretary may shortages, mitigate price volatility, and pre- (2) the final list of critical minerals. carry out surveys and field work (including pare for demand growth and other market (d) DESIGNATIONS.— drilling, remote sensing, geophysical sur- shifts;’’; (1) IN GENERAL.—For purposes of carrying veys, topographical and geological mapping, (2) in paragraph (6), by striking ‘‘and’’ out this section, the Secretary shall main- and geochemical sampling and analysis) to after the semicolon at the end; and tain a list of minerals, elements, substances, supplement existing information and (3) by striking paragraph (7) and inserting and materials designated as critical, pursu- datasets available for determining the exist- the following: ant to the final methodology published under ence of critical minerals in the United ‘‘(7) facilitate the availability, develop- subsection (c), that the Secretary deter- States. ment, and environmentally responsible pro- mines— (c) PUBLIC ACCESS.—Subject to applicable duction of domestic resources to meet na- (A) are essential to the economic or na- law, to the maximum extent practicable, the tional material or critical mineral needs; tional security of the United States; Secretary shall make all data and metadata ‘‘(8) avoid duplication of effort, prevent un- (B) the supply chain of which is vulnerable collected from the comprehensive national necessary paperwork, and minimize delays in to disruption (including restrictions associ- assessment carried out under subsection (a) the administration of applicable laws (in- ated with foreign political risk, abrupt de- publically and electronically accessible. cluding regulations) and the issuance of per- mand growth, military conflict, violent un- (d) TECHNICAL ASSISTANCE.—At the request mits and authorizations necessary to explore rest, anti-competitive or protectionist be- of the Governor of a State or the head of an for, develop, and produce critical minerals haviors, and other risks throughout the sup- Indian tribe, the Secretary may provide and to construct critical mineral manufac- ply chain); and technical assistance to State governments turing facilities in accordance with applica- (C) serve an essential function in the and Indian tribes conducting critical mineral ble environmental and land management manufacturing of a product (including en- resource assessments on non-Federal land. (e) PRIORITIZATION.— laws; ergy technology-, defense-, currency-, agri- (1) IN GENERAL.—The Secretary may se- ‘‘(9) strengthen— culture-, consumer electronics-, and health quence the completion of resource assess- ‘‘(A) educational and research capabilities care-related applications), the absence of ments for each critical mineral such that at not lower than the secondary school level; which would have significant consequences critical minerals considered to be most crit- and for the economic or national security of the ical under the methodology established ‘‘(B) workforce training for exploration United States. under section ll03 are completed first. and development of critical minerals and (2) INCLUSIONS.—Notwithstanding the cri- (2) REPORTING.—During the period begin- critical mineral manufacturing; teria under subsection (c), the Secretary ning not later than 1 year after the date of ‘‘(10) bolster international cooperation may designate and include on the list any enactment of this Act and ending on the date through technology transfer, information mineral, element, substance, or material de- of completion of all of the assessments re- sharing, and other means; termined by another Federal agency to be quired under this section, the Secretary ‘‘(11) promote the efficient production, use, strategic and critical to the defense or na- shall submit to Congress on an annual basis and recycling of critical minerals; tional security of the United States. an interim report that— ‘‘(12) develop alternatives to critical min- (3) REQUIRED CONSULTATION.—The Sec- (A) identifies the sequence and schedule for erals; and retary shall consult with the Secretaries of completion of the assessments if the Sec- ‘‘(13) establish contingencies for the pro- Defense, Commerce, Agriculture, and Energy retary sequences the assessments; or duction of, or access to, critical minerals for and the United States Trade Representative (B) describes the progress of the assess- which viable sources do not exist within the in designating minerals, elements, sub- ments if the Secretary does not sequence the United States.’’. stances, and materials as critical under this assessments. (b) CONFORMING AMENDMENT.—Section 2(b) subsection. (f) UPDATES.—The Secretary may periodi- of the National Materials and Minerals Pol- (e) SUBSEQUENT REVIEW.— cally update the assessments conducted icy, Research and Development Act of 1980 (1) IN GENERAL.—The Secretary, in con- under this section based on— (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) sultation with the Secretaries of Defense, (1) the generation of new information or As used in this Act, the term’’ and inserting Commerce, Agriculture, and Energy and the datasets by the Federal Government; or the following: United States Trade Representative, shall (2) the receipt of new information or ‘‘(b) DEFINITIONS.—In this Act: review the methodology and list under sub- datasets from critical mineral producers, ‘‘(1) CRITICAL MINERAL.—The term ‘critical section (c) and the designations under sub- State geological surveys, academic institu- mineral’ means any mineral, element, sub- section (d) at least every 3 years, or more tions, trade associations, or other persons. stance, or material designated as critical by frequently as the Secretary considers to be (g) ADDITIONAL SURVEYS.—The Secretary the Secretary under section ll03 of the Na- appropriate. shall complete a resource assessment for tional Defense Authorization Act for Fiscal (2) REVISIONS.—Subject to subsection (d)(1), each additional mineral or element subse- Year 2020. the Secretary may— quently designated as a critical mineral ‘‘(2) MATERIALS.—The term’’. (A) revise the methodology described in under section ll03(e)(2) not later than 2 SEC. ll03. CRITICAL MINERAL DESIGNATIONS. this section; years after the designation of the mineral or (a) DRAFT METHODOLOGY AND LIST.—The (B) determine that minerals, elements, element. Secretary, acting through the Director of substances, and materials previously deter- (h) REPORT.—Not later than 2 years after the United States Geological Survey (re- mined to be critical minerals are no longer the date of enactment of this Act, the Sec- ferred to in this section as the ‘‘Secretary’’), critical minerals; and retary shall submit to Congress a report de- shall publish in the Federal Register for pub- (C) designate additional minerals, ele- scribing the status of geological surveying of lic comment— ments, substances, or materials as critical Federal land for any mineral commodity— (1) a description of the draft methodology minerals. (1) for which the United States was depend- used to identify a draft list of critical min- (f) NOTICE.—On finalization of the method- ent on a foreign country for more than 25 erals; ology and the list under subsection (c), or percent of the United States supply, as de- (2) a draft list of minerals, elements, sub- any revision to the methodology or list picted in the report issued by the United stances, and materials that qualify as crit- under subsection (e), the Secretary shall sub- States Geological Survey entitled ‘‘Mineral ical minerals; and mit to Congress written notice of the action. Commodity Summaries 2019’’; but (3) a draft list of critical minerals recov- SEC. ll04. RESOURCE ASSESSMENT. (2) that is not designated as a critical min- ered as byproducts. (a) IN GENERAL.—Not later than 4 years eral under section ll03. (b) AVAILABILITY OF DATA.—If available after the date of enactment of this Act, in SEC. ll05. PERMITTING. data is insufficient to provide a quantitative consultation with applicable State (includ- (a) SENSE OF CONGRESS.—It is the sense of basis for the methodology developed under ing geological surveys), local, academic, in- Congress that— this section, qualitative evidence may be dustry, and other entities, the Secretary (1) critical minerals are fundamental to used to the extent necessary. shall complete a comprehensive national as- the economy, competitiveness, and security (c) FINAL METHODOLOGY AND LIST.—After sessment of each critical mineral that— of the United States; reviewing public comments on the draft (1) identifies and quantifies known critical (2) to the maximum extent practicable, the methodology and the draft list of critical mineral resources, using all available public critical mineral needs of the United States minerals published under subsection (a) and and private information and datasets, in- should be satisfied by minerals responsibly updating the methodology and list as appro- cluding exploration histories; and produced and recycled in the United States; priate, not later than 45 days after the date (2) provides a quantitative and qualitative and on which the public comment period with re- assessment of undiscovered critical mineral (3) the Federal permitting process has been spect to the draft methodology and draft list resources throughout the United States, in- identified as an impediment to mineral pro- closes, the Secretary shall publish in the cluding probability estimates of tonnage and duction and the mineral security of the Federal Register— grade, using all available public and private United States.

VerDate Sep 11 2014 06:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.073 S12JNPT1 S3404 CONGRESSIONAL RECORD — SENATE June 12, 2019

(b) PERFORMANCE IMPROVEMENTS.—To im- (d) PERFORMANCE METRIC.—Not later than ability, announcements of meetings, or no- prove the quality and timeliness of decisions, 90 days after the date of submission of the tices of intent to undertake an action shall the Secretary (acting through the Director report under subsection (c), the Secretaries, be originated in, and transmitted to the Fed- of the Bureau of Land Management) and the after providing public notice and an oppor- eral Register from, the office in which, as ap- Secretary of Agriculture (acting through the tunity to comment, shall develop and pub- plicable— Chief of the Forest Service) (referred to in lish a performance metric for evaluating the (1) the documents or meetings are held; or this section as the ‘‘Secretaries’’) shall, to progress made by the executive branch to ex- (2) the activity is initiated. the maximum extent practicable, with re- pedite the permitting of activities that will SEC. ll07. RECYCLING, EFFICIENCY, AND AL- spect to critical mineral production on Fed- increase exploration for, and development of, TERNATIVES. eral land, complete Federal permitting and domestic critical minerals, while maintain- (a) ESTABLISHMENT.—The Secretary of En- review processes with maximum efficiency ing environmental standards. ergy (referred to in this section as the ‘‘Sec- and effectiveness, while supporting vital eco- (e) ANNUAL REPORTS.—Beginning with the retary’’) shall conduct a program of research nomic growth, by— first budget submission by the President and development— (1) establishing and adhering to timelines under section 1105 of title 31, United States (1) to promote the efficient production, and schedules for the consideration of, and Code, after publication of the performance use, and recycling of critical minerals final decisions regarding, applications, oper- metric required under subsection (d), and an- throughout the supply chain; and ating plans, leases, licenses, permits, and nually thereafter, the Secretaries shall sub- (2) to develop alternatives to critical min- other use authorizations for mineral-related mit to Congress a report that— erals that do not occur in significant abun- activities on Federal land; (1) summarizes the implementation of rec- dance in the United States. (2) establishing clear, quantifiable, and ommendations, measures, and options identi- (b) COOPERATION.—In carrying out the pro- temporal permitting performance goals and fied in paragraphs (1) and (2) of subsection gram, the Secretary shall cooperate with ap- tracking progress against those goals; (c); propriate— (3) engaging in early collaboration among (2) using the performance metric under (1) Federal agencies and National Labora- agencies, project sponsors, and affected subsection (d), describes progress made by tories; stakeholders— the executive branch, as compared to the (2) critical mineral producers; (A) to incorporate and address the inter- baseline established pursuant to subsection (3) critical mineral processors; ests of those parties; and (c)(3), on expediting the permitting of activi- (4) critical mineral manufacturers; (B) to minimize delays; ties that will increase exploration for, and (5) trade associations; (4) ensuring transparency and account- development of, domestic critical minerals; (6) academic institutions; ability by using cost-effective information and (7) small businesses; and technology to collect and disseminate infor- (3) compares the United States to other (8) other relevant entities or individuals. mation regarding individual projects and countries in terms of permitting efficiency (c) ACTIVITIES.—Under the program, the agency performance; and any other criteria relevant to the glob- Secretary shall carry out activities that in- (5) engaging in early and active consulta- ally competitive critical minerals industry. clude the identification and development NDIVIDUAL PROJECTS.—Using data from tion with State, local, and Indian tribal gov- (f) I of— the Secretaries generated under subsection ernments to avoid conflicts or duplication of (1) advanced critical mineral extraction, (e), the Director of the Office of Management effort, resolve concerns, and allow for con- production, separation, alloying, or proc- and Budget shall prioritize inclusion of indi- current, rather than sequential, reviews; essing technologies that decrease the energy vidual critical mineral projects on the (6) providing demonstrable improvements consumption, environmental impact, and website operated by the Office of Manage- in the performance of Federal permitting costs of those activities, including— ment and Budget in accordance with section and review processes, including lower costs (A) efficient water and wastewater man- 1122 of title 31, United States Code. and more timely decisions; agement strategies; (g) REPORT OF SMALL BUSINESS ADMINIS- (7) expanding and institutionalizing per- (B) technologies and management strate- TRATION.—Not later than 1 year and 300 days mitting and review process improvements gies to control the environmental impacts of after the date of enactment of this Act, the that have proven effective; radionuclides in ore tailings; Administrator of the Small Business Admin- (8) developing mechanisms to better com- (C) technologies for separation and proc- istration shall submit to the applicable com- municate priorities and resolve disputes essing; and mittees of Congress a report that assesses among agencies at the national, regional, (D) technologies for increasing the recov- the performance of Federal agencies with re- State, and local levels; and ery rates of byproducts from host metal ores; spect to— (9) developing other practices, such as (2) technologies or process improvements (1) complying with chapter 6 of title 5, preapplication procedures. that minimize the use, or lead to more effi- United States Code (commonly known as the cient use, of critical minerals across the full (c) REVIEW AND REPORT.—Not later than 1 ‘‘Regulatory Flexibility Act’’), in promul- supply chain; year after the date of enactment of this Act, gating regulations applicable to the critical (3) technologies, process improvements, or the Secretaries shall submit to Congress a minerals industry; and design optimizations that facilitate the recy- report that— (2) performing an analysis of regulations cling of critical minerals, and options for im- (1) identifies additional measures (includ- applicable to the critical minerals industry proving the rates of collection of products ing regulatory and legislative proposals, as that may be outmoded, inefficient, duplica- and scrap containing critical minerals from appropriate) that would increase the timeli- tive, or excessively burdensome. ness of permitting activities for the explo- (h) APPLICATION.—Section 41001(6)(A) of the post-consumer, industrial, or other waste ration and development of domestic critical FAST Act (42 U.S.C. 4370m(6)(A)) is amended streams; minerals; in the matter preceding clause (i) by insert- (4) commercial markets, advanced storage (2) identifies options (including cost recov- ing ‘‘(including critical mineral manufac- methods, energy applications, and other ben- ery paid by permit applicants) for ensuring turing (as defined in section ll01 of the Na- eficial uses of critical minerals processing adequate staffing and training of Federal en- tional Defense Authorization Act for Fiscal byproducts; tities and personnel responsible for the con- Year 2020))’’ after ‘‘manufacturing’’. (5) alternative minerals, metals, and mate- rials, particularly those available in abun- sideration of applications, operating plans, SEC. ll06. FEDERAL REGISTER PROCESS. dance within the United States and not sub- leases, licenses, permits, and other use au- (a) DEPARTMENTAL REVIEW.—Absent any thorizations for critical mineral-related ac- extraordinary circumstance, and except as ject to potential supply restrictions, that tivities on Federal land; otherwise required by law, the Secretary and lessen the need for critical minerals; and (3) quantifies the amount of time typically the Secretary of Agriculture shall ensure (6) alternative energy technologies or al- required (including range derived from min- that each Federal Register notice described ternative designs of existing energy tech- imum and maximum durations, mean, me- in subsection (b) shall be— nologies, particularly those that use min- dian, variance, and other statistical meas- (1) subject to any required reviews within erals that— ures or representations) to complete each the Department of the Interior or the De- (A) occur in abundance in the United step (including those aspects outside the partment of Agriculture; and States; and control of the executive branch, such as judi- (2) published in final form in the Federal (B) are not subject to potential supply re- cial review, applicant decisions, or State and Register not later than 45 days after the date strictions. local government involvement) associated of initial preparation of the notice. (d) REPORTS.—Not later than 2 years after with the development and processing of ap- (b) PREPARATION.—The preparation of Fed- the date of enactment of this Act, and annu- plications, operating plans, leases, licenses, eral Register notices required by law associ- ally thereafter, the Secretary shall submit permits, and other use authorizations for ated with the issuance of a critical mineral to Congress a report summarizing the activi- critical mineral-related activities on Federal exploration or mine permit shall be dele- ties, findings, and progress of the program. land, which shall serve as a baseline for the gated to the organizational level within the SEC. ll08. ANALYSIS AND FORECASTING. performance metric under subsection (d); agency responsible for issuing the critical (a) CAPABILITIES.—In order to evaluate ex- and mineral exploration or mine permit. isting critical mineral policies and inform (4) describes actions carried out pursuant (c) TRANSMISSION.—All Federal Register future actions that may be taken to avoid to subsection (b). notices regarding official document avail- supply shortages, mitigate price volatility,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.073 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3405 and prepare for demand growth and other (G) such other projections relating to each search, including fundamental research into market shifts, the Secretary, in consultation critical mineral as the Secretary determines alternatives, and recycling; with the Energy Information Administra- to be necessary to achieve the purposes of (B) to address undergraduate and graduate tion, academic institutions, and others in this section. education, especially to assist in the devel- order to maximize the application of existing (b) PROPRIETARY INFORMATION.—In pre- opment of graduate level programs of re- competencies related to developing and paring a report described in subsection (a), search and instruction that lead to advanced maintaining computer-models and similar the Secretary shall ensure, consistent with degrees with an emphasis on the critical analytical tools, shall conduct and publish section 5(f) of the National Materials and mineral supply chain or other positions that the results of an annual report that in- Minerals Policy, Research and Development will increase domestic, critical mineral ex- cludes— Act of 1980 (30 U.S.C. 1604(f)), that— ploration, development, production, manu- (1) as part of the annually published Min- (1) no person uses the information and data facturing, research, including fundamental eral Commodity Summaries from the United collected for the report for a purpose other research into alternatives, and recycling; States Geological Survey, a comprehensive than the development of or reporting of ag- (C) to develop guidelines for proposals from review of critical mineral production, con- gregate data in a manner such that the iden- institutions of higher education with sub- sumption, and recycling patterns, includ- tity of the person or firm who supplied the stantial capabilities in the required dis- ing— information is not discernible and is not ma- ciplines for activities to improve the critical (A) the quantity of each critical mineral terial to the intended uses of the informa- mineral supply chain and advance the capac- domestically produced during the preceding tion; ity of the United States to increase domes- year; (2) no person discloses any information or tic, critical mineral exploration, research, (B) the quantity of each critical mineral data collected for the report unless the infor- development, production, manufacturing, domestically consumed during the preceding mation or data has been transformed into a and recycling; and year; statistical or aggregate form that does not (D) to outline criteria for evaluating per- (C) market price data or other price data allow the identification of the person or firm formance and recommendations for the for each critical mineral; who supplied particular information; and amount of funding that will be necessary to (D) an assessment of— (3) procedures are established to require establish and carry out the program de- (i) critical mineral requirements to meet the withholding of any information or data scribed in subsection (c). the national security, energy, economic, in- collected for the report if the Secretary de- (2) REPORT.—Not later than 2 years after dustrial, technological, and other needs of termines that withholding is necessary to the date of enactment of this Act, the Sec- the United States during the preceding year; protect proprietary information, including retary shall submit to Congress a description (ii) the reliance of the United States on any trade secrets or other confidential infor- of the results of the study required under foreign sources to meet those needs during mation. paragraph (1). the preceding year; and SEC. ll09. EDUCATION AND WORKFORCE. (c) PROGRAM.— (iii) the implications of any supply short- (a) WORKFORCE ASSESSMENT.—Not later (1) ESTABLISHMENT.—The Secretary and ages, restrictions, or disruptions during the than 1 year and 300 days after the date of en- the Secretary of Labor shall jointly conduct preceding year; actment of this Act, the Secretary of Labor a competitive grant program under which in- (E) the quantity of each critical mineral (in consultation with the Secretary, the Di- stitutions of higher education may apply for domestically recycled during the preceding rector of the National Science Foundation, and receive 4-year grants for— year; institutions of higher education with sub- (A) startup costs for newly designated fac- (F) the market penetration during the pre- stantial expertise in mining, institutions of ulty positions in integrated critical mineral ceding year of alternatives to each critical higher education with significant expertise education, research, innovation, training, mineral; in minerals research, including fundamental and workforce development programs con- (G) a discussion of international trends as- research into alternatives, and employers in sistent with subsection (b); sociated with the discovery, production, con- the critical minerals sector) shall submit to (B) internships, scholarships, and fellow- sumption, use, costs of production, prices, Congress an assessment of the domestic ships for students enrolled in programs re- and recycling of each critical mineral as well availability of technically trained personnel lated to critical minerals; as the development of alternatives to crit- necessary for critical mineral exploration, (C) equipment necessary for integrated ical minerals; and development, assessment, production, manu- critical mineral innovation, training, and (H) such other data, analyses, and evalua- facturing, recycling, analysis, forecasting, workforce development programs; and tions as the Secretary finds are necessary to education, and research, including an anal- (D) research of critical minerals and their achieve the purposes of this section; and ysis of— applications, particularly concerning the (2) a comprehensive forecast, entitled the (1) skills that are in the shortest supply as manufacture of critical components vital to ‘‘Annual Critical Minerals Outlook’’, of pro- of the date of the assessment; national security. jected critical mineral production, consump- (2) skills that are projected to be in short (2) RENEWAL.—A grant under this sub- tion, and recycling patterns, including— supply in the future; section shall be renewable for up to 2 addi- (A) the quantity of each critical mineral (3) the demographics of the critical min- tional 3-year terms based on performance projected to be domestically produced over erals industry and how the demographics criteria outlined under subsection (b)(1)(D). the subsequent 1-year, 5-year, and 10-year pe- will evolve under the influence of factors SEC. ll10. NATIONAL GEOLOGICAL AND GEO- riods; such as an aging workforce; PHYSICAL DATA PRESERVATION PROGRAM. (B) the quantity of each critical mineral (4) the effectiveness of training and edu- Section 351(k) of the Energy Policy Act of projected to be domestically consumed over cation programs in addressing skills short- 2005 (42 U.S.C. 15908(k)) is amended by strik- the subsequent 1-year, 5-year, and 10-year pe- ages; ing ‘‘$30,000,000 for each of fiscal years 2006 riods; (5) opportunities to hire locally for new through 2010’’ and inserting ‘‘$5,000,000 for (C) an assessment of— and existing critical mineral activities; each of fiscal years 2020 through 2029, to re- (i) critical mineral requirements to meet (6) the sufficiency of personnel within rel- main available until expended’’. projected national security, energy, eco- evant areas of the Federal Government for SEC. ll11. ADMINISTRATION. nomic, industrial, technological, and other achieving the policies described in section 3 (a) IN GENERAL.—The National Critical Ma- needs of the United States; of the National Materials and Minerals Pol- terials Act of 1984 (30 U.S.C. 1801 et seq.) is (ii) the projected reliance of the United icy, Research and Development Act of 1980 repealed. States on foreign sources to meet those (30 U.S.C. 1602); and (b) CONFORMING AMENDMENT.—Section 3(d) needs; and (7) the potential need for new training pro- of the National Superconductivity and Com- (iii) the projected implications of potential grams to have a measurable effect on the petitiveness Act of 1988 (15 U.S.C. 5202(d)) is supply shortages, restrictions, or disrup- supply of trained workers in the critical amended in the first sentence by striking ‘‘, tions; minerals industry. with the assistance of the National Critical (D) the quantity of each critical mineral (b) CURRICULUM STUDY.— Materials Council as specified in the Na- projected to be domestically recycled over (1) IN GENERAL.—The Secretary and the tional Critical Materials Act of 1984 (30 the subsequent 1-year, 5-year, and 10-year pe- Secretary of Labor shall jointly enter into U.S.C. 1801 et seq.),’’. riods; an arrangement with the National Academy (c) SAVINGS CLAUSES.— (E) the market penetration of alternatives of Sciences and the National Academy of En- (1) IN GENERAL.—Nothing in this part or an to each critical mineral projected to take gineering under which the Academies shall amendment made by this part modifies any place over the subsequent 1-year, 5-year, and coordinate with the National Science Foun- requirement or authority provided by— 10-year periods; dation on conducting a study— (A) the matter under the heading ‘‘GEO- (F) a discussion of reasonably foreseeable (A) to design an interdisciplinary program LOGICAL SURVEY’’ of the first section of the international trends associated with the dis- on critical minerals that will support the Act of March 3, 1879 (43 U.S.C. 31(a)); or covery, production, consumption, use, costs critical mineral supply chain and improve (B) the first section of Public Law 87–626 of production, and recycling of each critical the ability of the United States to increase (43 U.S.C. 31(b)). mineral as well as the development of alter- domestic, critical mineral exploration, de- (2) EFFECT ON DEPARTMENT OF DEFENSE.— natives to critical minerals; and velopment, production, manufacturing, re- Nothing in this part or an amendment made

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.073 S12JNPT1 S3406 CONGRESSIONAL RECORD — SENATE June 12, 2019 by this part affects the authority of the Sec- SEC. llll. INFORMATION AND OPPORTUNI- cility or location geographically independent retary of Defense with respect to the work of TIES FOR REGISTRATION FOR VOT- of the location of activities referred to in the Department of Defense on critical mate- ING AND ABSENTEE BALLOT RE- that paragraph.’’. rial supplies in furtherance of the national QUESTS FOR MEMBERS OF THE ARMED FORCES UNDERGOING DE- Mr. ENZI submitted an defense mission of the Department of De- PLOYMENT OVERSEAS. SA 316. fense. (a) IN GENERAL.—Not later than 45 days amendment intended to be proposed by (3) SECRETARIAL ORDER NOT AFFECTED.— prior to a general election for Federal office, him to the bill S. 1790, to authorize ap- This part shall not apply to any mineral de- a member of the Armed Forces shall be pro- propriations for fiscal year 2020 for scribed in Secretarial Order No. 3324, issued vided with the following: military activities of the Department by the Secretary of the Interior on December (1) A Federal write-in absentee ballot pre- of Defense, for military construction, 3, 2012, in any area to which the order ap- scribed pursuant to section 103 of the Uni- plies. and for defense activities of the De- formed and Overseas Citizens Absentee Vot- partment of Energy, to prescribe mili- ing Act (52 U.S.C. 20303), together with in- (d) APPLICATION OF CERTAIN PROVISIONS.— tary personnel strengths for such fiscal (1) IN GENERAL.—Sections ll05 and ll06 structions on the appropriate use of the bal- shall apply to— lot with respect to the State in which the year, and for other purposes; which was (A) an exploration project in which the member is registered to vote. ordered to lie on the table; as follows: presence of a byproduct is reasonably ex- (2) In the case of a member intending to At the end of subtitle B of title XXXI, add pected, based on known mineral vote in a State that does not accept the Fed- the following: companionality, geologic formation, min- eral write-in absentee ballot as a simulta- SEC. 3116. IMPLEMENTATION OF COMMON FINAN- eralogy, or other factors; and neous application and acceptable ballot for CIAL REPORTING SYSTEM FOR NU- (B) a project that demonstrates that a by- Federal elections, a briefing on, and an op- CLEAR SECURITY ENTERPRISE. product will be recovered in salable quan- portunity to fill out, the official post card Not more than 90 percent of the funds au- tities, as determined by the applicable Sec- form for absentee voter registration applica- thorized to be appropriated by section 3101 retary in accordance with paragraph (2). tion and absentee ballot application pre- for the National Nuclear Security Adminis- (2) REQUIREMENT.—In making the deter- scribed under section 101(b)(2) of the Uni- tration for fiscal year 2020 for Federal sala- mination under paragraph (1)(B), the appli- formed and Overseas Citizens Absentee Vot- ries and expenses and available for travel cable Secretary shall consider the cost effec- ing Act (52 U.S.C. 20301(b)(2)). and transportation may be obligated or ex- tiveness of the byproducts recovery. (b) PERSONNEL RESPONSIBLE OF DIS- pended before the date on which the Admin- CHARGE.—Ballots and instructions shall be istrator for Nuclear Security completes im- SEC. ll12. AUTHORIZATION OF APPROPRIA- provided pursuant to paragraphs(1) of sub- plementation of the common financial re- TIONS. section (a) by Voting Assistance Officers or porting system for the nuclear security en- There is authorized to be appropriated to such other personnel as the Secretary of the terprise as required by section 3113(a) of the carry out this part $50,000,000 for each of fis- military department concerned shall des- National Defense Authorization Act for Fis- cal years 2020 through 2029. ignate. cal Year 2017 (Public Law 114–328; 50 U.S.C. (c) SENSE OF CONGRESS RELATING TO THE 2512 note). PART II—RARE EARTH ELEMENT USE OF THE FEDERAL WRITE-IN ABSENTEE ADVANCED COAL TECHNOLOGIES BALLOT.— SA 317. Mr. BOOZMAN (for himself (1) FINDINGS.—Congress makes the fol- and Mr. TESTER) submitted an amend- SEC. ll21. PROGRAM FOR EXTRACTION AND RE- COVERY OF RARE EARTH ELEMENTS lowing findings: ment intended to be proposed by him AND MINERALS FROM COAL AND (A) Servicemembers serving abroad are to the bill S. 1790, to authorize appro- COAL BYPRODUCTS. subject to disproportionate challenges in priations for fiscal year 2020 for mili- voting. (a) IN GENERAL.—The Secretary of Energy, tary activities of the Department of (B) As of May, 2019, only 28 States allow Defense, for military construction, and acting through the Assistant Secretary for servicemembers to use the Federal write-in Fossil Energy (referred to in this part as the absentee ballot as a simultaneous applica- for defense activities of the Depart- ‘‘Secretary’’), shall carry out a program tion and acceptable ballot for Federal elec- ment of Energy, to prescribe military under which the Secretary shall develop ad- tions. personnel strengths for such fiscal vanced separation technologies for the ex- (2) SENSE OF CONGRESS.—It is the sense of year, and for other purposes; which was traction and recovery of rare earth elements Congress that— and minerals from coal and coal byproducts. ordered to lie on the table; as follows: (A) Federal and State governments should At the appropriate place in title X, insert (b) AUTHORIZATION OF APPROPRIATIONS.— remove all obstacles that would inhibit de- the following: There is authorized to be appropriated to the ployed servicemembers from voting; and SEC. lll. FEES ERRONEOUSLY COLLECTED BY Secretary to carry out the program de- (B) States that do not allow DEPARTMENT OF VETERANS AF- scribed in subsection (a) $23,000,000 for each servicemembers to use the Federal write-in FAIRS FOR HOUSING LOANS. of fiscal years 2020 through 2027. absentee ballot as a simultaneous applica- (a) FINDINGS.—Congress makes the fol- tion and acceptable ballot for Federal elec- lowing findings: SEC. ll22. REPORT. tions should modify their laws to permit (1) The Department of Veterans Affairs of- Not later than 1 year after the date of en- such use. fers a Department backed home loan for actment of this Act, the Secretary shall sub- which veterans are generally required to pay mit to the Committee on Energy and Nat- SA 315. Mr. PERDUE submitted an fees to defray the cost of administering the ural Resources of the Senate and the Com- amendment intended to be proposed by home loan. mittee on Energy and Commerce of the him to the bill S. 1790, to authorize ap- (2) Veterans are exempt from paying the House of Representatives a report evaluating propriations for fiscal year 2020 for fees if they are entitled to receive disability the development of advanced separation military activities of the Department compensation from the Department of Vet- technologies for the extraction and recovery of Defense, for military construction, erans Affairs. of rare earth elements and minerals from (3) Between January 1, 2012, and December coal and coal byproducts, including acid and for defense activities of the De- 31, 2017, veterans paid fees of more than mine drainage from coal mines. partment of Energy, to prescribe mili- $286,000,000 in association with Department tary personnel strengths for such fiscal backed home loans despite being exempt year, and for other purposes; which was from such fees. Fees paid included $65,800,000 SA 314. Mr. CORNYN (for himself, ordered to lie on the table; as follows: in fees that could have been avoided. Mr. KING, Mr. TILLIS, and Ms. At the end of title XI, add the following: (4) Of those erroneously paid fees, DUCKWORTH) submitted an amendment SEC. 11ll. MODIFICATION OF DIRECT HIRE AU- $189,000,000 in fee refunds are still due to vet- intended to be proposed by him to the THORITY FOR CERTAIN PERSONNEL erans. bill S. 1790, to authorize appropriations INVOLVED WITH DEPARTMENT OF (5) More than 70,000 veterans may have for fiscal year 2020 for military activi- DEFENSE MAINTENANCE ACTIVI- been affected by these erroneously paid fees. TIES. (b) PLAN TO IDENTIFY INDIVIDUALS WHO ties of the Department of Defense, for Section 9905(a) of title 5, United States WERE ERRONEOUSLY CHARGED FEES.— military construction, and for defense Code, is amended— (1) ERRONEOUS CHARGES JANUARY 1, 2012, TO activities of the Department of Energy, (1) by redesignating paragraphs (2) through DECEMBER 31, 2017.— to prescribe military personnel (4) as paragraphs (3) through (5), respec- (A) IN GENERAL.—Not later than 90 days strengths for such fiscal year, and for tively; and after the date of the enactment of this Act, other purposes; which was ordered to (2) by inserting after paragraph (1) the fol- the Secretary of Veterans Affairs shall sub- lie on the table; as follows: lowing: mit to Congress a plan to identify individ- ‘‘(2) Any position in a facility or location uals described in subsection (c) of section At the appropriate place in title V, insert that provides work or support for activities 3729 of title 38, United States Code, from the following: referred to in paragraph (1), including a fa- whom a fee was collected under such section

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.073 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3407 during the period beginning on January 1, report on the findings of the Secretary with amended by striking the matter relating to 2012, and ending on December 31, 2017. respect to the audit. the Air Force Reserve and inserting the fol- (B) CONTENTS.—The plan submitted under lowing new matter: paragraph (1) shall include the following: SA 318. Mr. BOOZMAN submitted an (i) The number of refunds that are required amendment intended to be proposed by Air Force Reserve to be made. him to the bill S. 1790, to authorize ap- (ii) A timeline for the refunding of fees. propriations for fiscal year 2020 for 1,000 166 170 100 (2) ERRONEOUS CHARGES BEFORE JANUARY 1, military activities of the Department 1,500 245 251 143 2012.— of Defense, for military construction, 2,000 322 330 182 (A) IN GENERAL.—Not later than 180 days and for defense activities of the De- 2,500 396 406 216 after the date of the enactment of this Act, partment of Energy, to prescribe mili- 3,000 467 479 246 the Secretary of Veterans Affairs shall sub- tary personnel strengths for such fiscal 3,500 536 550 271 mit to Congress a plan to identify individ- 4,000 602 618 292 uals described in subsection (c) of section year, and for other purposes; which was 4,500 665 683 308 3729 of title 38, United States Code, from ordered to lie on the table; as follows: 5,000 726 746 320 whom a fee was collected under such section At the end of title VI, add the following: 5,500 784 806 325 before January 1, 2012. Subtitle F—Other Matters 6,000 840 864 327 (B) CONTENTS.—The plan submitted under SEC. 651. INCLUSION OF CERTAIN VETERANS ON 7,000 962 990 347 paragraph (1) shall include the following: TEMPORARY DISABILITY OR PERMA- 8,000 1,087 1,110 356 (i) The number of refunds that are required NENT DISABLED RETIREMENT LISTS 10,000 1,322 1,362 395 to be made. IN MILITARY ADAPTIVE SPORTS (b) EFFECTIVE DATE.—The amendment (ii) A timeline for the refunding of fees. PROGRAMS. (c) AUTOMATED REFUND PROCESS.— (a) INCLUSION OF CERTAIN VETERANS.—Sub- made by subsection (a) shall take effect on (1) IN GENERAL.—The Secretary shall de- section (a)(1) of section 2564a of title 10, October 1, 2019, and shall apply with respect velop an automated process for refunding United States Code, is amended by striking to fiscal years beginning on or after that fees collected under section 3729 of title 38, ‘‘for members of the armed forces who’’ and date. all that follows through the period at the United States Code, from individuals de- Mr. BARRASSO (for himself, scribed in subsection (c) of such section. end and inserting the following: ‘‘for— SA 320. (2) PROHIBITION.—The Secretary may not ‘‘(A) any member of the armed forces who Mr. WHITEHOUSE, Mrs. CAPITO, Mr. CAR- require any individual described in such sub- is eligible to participate in adaptive sports PER, Mr. CRAMER, Ms. SMITH, Mr. section from whom a fee was collected under because of an injury, illness, or wound in- ROUNDS, Mr. COONS, and Mr. HOEVEN) such section to request a refund of such fee curred in the line of duty in the armed submitted an amendment intended to in order to receive such refund. forces; and be proposed by him to the bill S. 1790, (d) PLAN TO PROCESS REFUNDS.—Not later ‘‘(B) any veteran (as defined in section 101 of title 38), during the one-year period fol- to authorize appropriations for fiscal than 90 days after the date of the enactment year 2020 for military activities of the of this Act, the Secretary shall develop a lowing the veteran’s date of separation, plan to process refunds of fees that were col- who— Department of Defense, for military lected under section 3729 of title 38, United ‘‘(i) is on the Temporary Disability Retire- construction, and for defense activities States Code, from individuals described in ment List or Permanently Disabled Retire- of the Department of Energy, to pre- subsection (c) of such section. ment List; scribe military personnel strengths for (e) ANNUAL REPORT ON REFUNDS.— ‘‘(ii) is eligible to participate in adaptive such fiscal year, and for other pur- (1) IN GENERAL.—Not less frequently than sports because of an injury, illness, or wound poses; which was ordered to lie on the once each year, the Secretary shall submit incurred in the line of duty in the armed to Congress an annual report on refunds of forces; and table; as follows: fees collected under section 3729 of title 38, ‘‘(iii) was enrolled in the program author- At the end of subtitle H of title X, add the United States Code. ized under this section prior to the veteran’s following: (2) CONTENTS.—Each report submitted date of separation.’’. SEC. lll. UTILIZING SIGNIFICANT EMISSIONS under paragraph (1) shall include, for the pe- (b) CONFORMING AMENDMENT.—Subsection WITH INNOVATIVE TECHNOLOGIES. riod covered by the report: (b) of such section is amended by inserting (a) SHORT TITLE.—This section may be (A) The number of fees collected under ‘‘and veterans’’ after ‘‘members’’. cited as the ‘‘Utilizing Significant Emissions such section that were refunded and applied (c) CLERICAL AMENDMENTS.— with Innovative Technologies Act’’ or the to a home loan balance. (1) HEADING AMENDMENT.—The heading of ‘‘USE IT Act’’. (B) The number of such refunds for which such section is amended to read as follows: (b) RESEARCH, INVESTIGATION, TRAINING, the Secretary received documentation of the ‘‘§ 2564a. Provision of assistance for adaptive AND OTHER ACTIVITIES.—Section 103 of the application of a refund to a home loan bal- sports programs: members of the armed Clean Air Act (42 U.S.C. 7403) is amended— ance. forces; certain veterans’’. (1) in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by (f) REAL-TIME UPDATES ON FEE EXEMPTION (2) TABLE OF SECTION.—The table of sec- striking ‘‘percursors’’ and inserting ‘‘precur- STATUS.— tions at the beginning of chapter 152 of such sors’’; and (1) IN GENERAL.—The Secretary shall de- title is amended by striking the item relat- (2) in subsection (g)— velop a technology and process solution to ing to section 2564a and inserting the fol- (A) by redesignating paragraphs (1) enable real-time updates to viewing one’s lowing new item: status regarding exemption from fee collec- through (4) as subparagraphs (A) through ‘‘2564a. Provision of assistance for adaptive (D), respectively, and indenting appro- tion requirements under section 3729 of title sports programs: members of 38, United States Code. priately; the armed forces; certain vet- (B) in the undesignated matter following (2) REPORT.—Not later than 180 days after erans.’’. the date of the enactment of this Act, the subparagraph (D) (as so redesignated)— Secretary shall submit to Congress a report SA 319. Mr. BOOZMAN submitted an (i) in the second sentence, by striking ‘‘The Administrator’’ and inserting the following: on the solution developed under paragraph amendment intended to be proposed by ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI- (1). him to the bill S. 1790, to authorize ap- (g) MANNER OF REFUNDS.—In the case of a CATION.—The Administrator’’; and fee that was erroneously collected under sec- propriations for fiscal year 2020 for (ii) in the first sentence, by striking tion 3729 of title 38, United States Code, from military activities of the Department ‘‘Nothing’’ and inserting the following: an individual described in subsection (c) of of Defense, for military construction, ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; such section, the Secretary may refund the and for defense activities of the De- (C) in the matter preceding subparagraph fee directly to the individual, notwith- partment of Energy, to prescribe mili- (A) (as so redesignated)— standing any current loan balance of the in- tary personnel strengths for such fiscal (i) in the third sentence, by striking ‘‘Such dividual or the manner in which the fee was year, and for other purposes; which was program’’ and inserting the following: originally collected. ordered to lie on the table; as follows: ‘‘(3) PROGRAM INCLUSIONS.—The program (h) AUDIT PLAN.— under this subsection’’; At the end of subtitle B of title IV, add the (1) PLAN REQUIRED.—The Secretary shall (ii) in the second sentence— develop a plan to audit the Department on following: (I) by inserting ‘‘States, institutions of an annual basis to determine the rate at SEC. 416. MODIFICATION OF AUTHORIZED higher education,’’ after ‘‘scientists,’’; and which fees are erroneously collected under STRENGTH OF AIR FORCE RESERVE (II) by striking ‘‘Such strategies and tech- SERVING ON FULL-TIME RESERVE section 3729 of title 38, United States Code. COMPONENT DUTY FOR ADMINIS- nologies shall be developed’’ and inserting (2) REPORTS.—Not later than 60 days after TRATION OF THE RESERVES OR THE the following: the completion of any audit conducted pur- NATIONAL GUARD. ‘‘(2) PARTICIPATION REQUIREMENT.—Such suant to the plan developed under paragraph (a) IN GENERAL.—The table in section strategies and technologies described in (1), the Secretary shall submit to Congress a 12011(a)(1) of title 10, United States Code, is paragraph (1) shall be developed’’; and

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(iii) in the first sentence, by striking ‘‘In ‘‘(cc) chemistry; ‘‘(C) CARBON DIOXIDE UTILIZATION RE- carrying out’’ and inserting the following: ‘‘(dd) biology; SEARCH.— ‘‘(1) IN GENERAL.—In carrying out’’; and ‘‘(ee) engineering; ‘‘(i) DEFINITION OF CARBON DIOXIDE UTILIZA- (D) by adding at the end the following: ‘‘(ff) economics; TION.—In this subparagraph, the term ‘car- ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— ‘‘(gg) business management; and bon dioxide utilization’ refers to tech- ‘‘(A) IN GENERAL.—In carrying out para- ‘‘(hh) such other disciplines as the Admin- nologies or approaches that lead to the use graph (3)(A) with respect to carbon dioxide, istrator determines to be necessary to of carbon dioxide— the Administrator shall carry out the activi- achieve the purposes of this subparagraph. ‘‘(I) through the fixation of carbon dioxide ties described in each of subparagraphs (B), ‘‘(III) TERM; VACANCIES.— through photosynthesis or chemosynthesis, (C), (D), and (E). ‘‘(aa) TERM.—A member of the Board shall such as through the growing of algae or bac- ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— serve for a term of 6 years. teria; ‘‘(i) DEFINITIONS.—In this subparagraph: ‘‘(bb) VACANCIES.—A vacancy on the ‘‘(II) through the chemical conversion of ‘‘(I) BOARD.—The term ‘Board’ means the Board— carbon dioxide to a material or chemical Direct Air Capture Technology Advisory ‘‘(AA) shall not affect the powers of the compound in which the carbon dioxide is se- Board established by clause (iii)(I). Board; and curely stored; or ‘‘(II) DILUTE.—The term ‘dilute’ means a ‘‘(BB) shall be filled in the same manner as ‘‘(III) through the use of carbon dioxide for any other purpose for which a commercial concentration of less than 1 percent by vol- the original appointment was made. market exists, as determined by the Admin- ume. ‘‘(IV) INITIAL MEETING.—Not later than 30 istrator. ‘‘(III) DIRECT AIR CAPTURE.— days after the date on which all members of ‘‘(ii) PROGRAM.—The Administrator, in ‘‘(aa) IN GENERAL.—The term ‘direct air the Board have been appointed, the Board consultation with the Secretary of Energy, capture’, with respect to a facility, tech- shall hold the initial meeting of the Board. shall carry out a research and development nology, or system, means that the facility, ‘‘(V) MEETINGS.—The Board shall meet at program for carbon dioxide utilization to technology, or system uses carbon capture the call of the Chairperson or on the request promote existing and new technologies that equipment to capture carbon dioxide directly of the Administrator. transform carbon dioxide generated by in- from the air. ‘‘(VI) QUORUM.—A majority of the members dustrial processes into a product of commer- ‘‘(bb) EXCLUSION.—The term ‘direct air cap- of the Board shall constitute a quorum, but ture’ does not include any facility, tech- cial value, or as an input to products of com- a lesser number of members may hold hear- mercial value. nology, or system that captures carbon diox- ings. ‘‘(iii) TECHNICAL AND FINANCIAL ASSIST- ide— ‘‘(VII) CHAIRPERSON AND VICE CHAIR- ‘‘(AA) that is deliberately released from a ANCE.—Not later than 2 years after the date PERSON.—The Board shall select a Chair- of enactment of the USE IT Act, in carrying naturally occurring subsurface spring; or person and Vice Chairperson from among the ‘‘(BB) using natural photosynthesis. out this subsection, the Administrator, in members of the Board. ‘‘(IV) INTELLECTUAL PROPERTY.—The term consultation with the Secretary of Energy, ‘‘(VIII) COMPENSATION.—Each member of ‘intellectual property’ means— shall support research and infrastructure ac- the Board may be compensated at not to ex- ‘‘(aa) an invention that is patentable under tivities relating to carbon dioxide utilization ceed the daily equivalent of the annual rate title 35, United States Code; and by providing technical assistance and finan- of basic pay in effect for a position at level ‘‘(bb) any patent on an invention described cial assistance in accordance with clause V of the Executive Schedule under section in item (aa). (iv). 5316 of title 5, United States Code, for each ‘‘(ii) TECHNOLOGY PRIZES.— ‘‘(iv) ELIGIBILITY.—To be eligible to receive day during which the member is engaged in ‘‘(I) IN GENERAL.—Not later than 1 year technical assistance and financial assistance the actual performance of the duties of the after the date of enactment of the USE IT under clause (iii), a carbon dioxide utiliza- Board. Act, the Administrator, in consultation with tion project shall— ‘‘(IX) DUTIES.—The Board shall advise the the Secretary of Energy, shall establish a ‘‘(I) have access to an emissions stream Administrator on carrying out the duties of program to provide, and shall provide, finan- generated by a stationary source within the the Administrator under this subparagraph. cial awards on a competitive basis for direct United States that is capable of supplying ‘‘(X) FACA.—The Federal Advisory Com- air capture from media in which the con- not less than 250 metric tons per day of car- mittee Act (5 U.S.C. App.) shall apply to the centration of carbon dioxide is dilute. bon dioxide for research; Board. ‘‘(II) have access to adequate space for a ‘‘(II) DUTIES.—In carrying out this clause, ‘‘(iv) INTELLECTUAL PROPERTY.— the Administrator shall— laboratory and equipment for testing small- ‘‘(I) IN GENERAL.—As a condition of receiv- ‘‘(aa) subject to subclause (III), develop scale carbon dioxide utilization technologies, ing a financial award under this subpara- specific requirements for— with onsite access to larger test bays for graph, an applicant shall agree to vest the ‘‘(AA) the competition process; and scale-up; and ‘‘(BB) the demonstration of performance of intellectual property of the applicant de- ‘‘(III) have existing partnerships with in- approved projects; rived from the technology in 1 or more enti- stitutions of higher education, private com- ‘‘(bb) offer financial awards for a project ties that are incorporated in the United panies, States, or other government entities. designed— States. ‘‘(v) COORDINATION.—In supporting carbon ‘‘(AA) to the maximum extent practicable, ‘‘(II) RESERVATION OF LICENSE.—The United dioxide utilization projects under this para- to capture more than 10,000 tons of carbon di- States— graph, the Administrator shall consult with oxide per year; and ‘‘(aa) may reserve a nonexclusive, non- the Secretary of Energy, and, as appropriate, ‘‘(BB) to operate in a manner that would transferable, irrevocable, paid-up license, to with the head of any other relevant Federal be commercially viable in the foreseeable fu- have practiced for or on behalf of the United agency, States, the private sector, and insti- ture (as determined by the Board); and States, in connection with any intellectual tutions of higher education to develop meth- ‘‘(cc) to the maximum extent practicable, property described in subclause (I); but ods and technologies to account for the car- make financial awards to geographically di- ‘‘(bb) shall not, in the exercise of a license bon dioxide emissions avoided by the carbon verse projects, including at least— reserved under item (aa), publicly disclose dioxide utilization projects. ‘‘(AA) 1 project in a coastal State; and proprietary information relating to the li- ‘‘(vi) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(BB) 1 project in a rural State. cense. ‘‘(I) IN GENERAL.—There is authorized to be ‘‘(III) PUBLIC PARTICIPATION.—In carrying ‘‘(III) TRANSFER OF TITLE.—Title to any in- appropriated to carry out this subparagraph out subclause (II)(aa), the Administrator tellectual property described in subclause (I) $50,000,000, to remain available until ex- shall— shall not be transferred or passed, except to pended. ‘‘(aa) provide notice of and, for a period of an entity that is incorporated in the United ‘‘(II) REQUIREMENT.—Research carried out not less than 60 days, an opportunity for pub- States, until the expiration of the first pat- using amounts made available under sub- lic comment on, any draft or proposed ent obtained in connection with the intellec- clause (I) may not duplicate research funded version of the requirements described in sub- tual property. by the Department of Energy. clause (II)(aa); and ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) DEEP SALINE FORMATION REPORT.— ‘‘(bb) take into account public comments ‘‘(I) IN GENERAL.—There is authorized to be ‘‘(i) DEFINITION OF DEEP SALINE FORMA- received in developing the final version of appropriated to carry out this subparagraph TION.— those requirements. $35,000,000, to remain available until ex- ‘‘(I) IN GENERAL.—In this subparagraph, the ‘‘(iii) DIRECT AIR CAPTURE TECHNOLOGY AD- pended. term ‘deep saline formation’ means a forma- VISORY BOARD.— ‘‘(II) REQUIREMENT.—Research carried out tion of subsurface geographically extensive ‘‘(I) ESTABLISHMENT.—There is established using amounts made available under sub- sedimentary rock layers saturated with wa- an advisory board to be known as the ‘Direct clause (I) may not duplicate research funded ters or brines that have a high total dis- Air Capture Technology Advisory Board’. by the Department of Energy. solved solids content and that are below the ‘‘(II) COMPOSITION.—The Board shall be ‘‘(vi) TERMINATION OF AUTHORITY.—The depth where carbon dioxide can exist in the composed of 9 members appointed by the Ad- Board and all authority provided under this formation as a supercritical fluid. ministrator, who shall provide expertise in— subparagraph shall terminate not later than ‘‘(II) CLARIFICATION.—In this subparagraph, ‘‘(aa) climate science; 10 years after the date of enactment of the the term ‘deep saline formation’ does not in- ‘‘(bb) physics; USE IT Act. clude oil and gas reservoirs.

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‘‘(ii) REPORT.—In consultation with the (D) by inserting after clause (i) the fol- mittee on Energy and Commerce of the Secretary of Energy, and, as appropriate, lowing: House of Representatives; and with the head of any other relevant Federal ‘‘(ii) is covered by a programmatic plan or (ii) as soon as practicable, make the report agency and relevant stakeholders, not later environmental review developed for the pri- publicly available. than 1 year after the date of enactment of mary purpose of facilitating development of (3) GUIDANCE.— the USE IT Act, the Administrator shall pre- carbon dioxide pipelines; or’’; and (A) IN GENERAL.—After submission of the pare, submit to Congress, and make publicly (2) by adding at the end the following: report under paragraph (2)(B), but not later available a report that includes— ‘‘(C) INCLUSION.—For purposes of subpara- than 1 year after the date of enactment of ‘‘(I) a comprehensive identification of po- graph (A), construction of infrastructure for this Act, the Chair shall submit guidance tential risks and benefits to project devel- carbon capture includes construction of— consistent with that report to all relevant opers associated with increased storage of ‘‘(i) any facility, technology, or system Federal agencies that— carbon dioxide captured from stationary that captures, utilizes, or sequesters carbon (i) facilitates reviews associated with the sources in deep saline formations, using ex- dioxide emissions, including projects for di- deployment of carbon capture, utilization, isting research; rect air capture (as defined in paragraph and sequestration projects and carbon diox- ‘‘(II) recommendations for managing the (6)(B)(i) of section 103(g) of the Clean Air Act ide pipelines; and potential risks identified under subclause (I), (42 U.S.C. 7403(g)); and (ii) supports the efficient, orderly, and re- including potential risks unique to public ‘‘(ii) carbon dioxide pipelines.’’. sponsible development of carbon capture, utilization, and sequestration projects and land; and (e) DEVELOPMENT OF CARBON CAPTURE, UTI- carbon dioxide pipelines. ‘‘(III) recommendations for Federal legisla- LIZATION, AND SEQUESTRATION REPORT, PER- (B) REQUIREMENTS.— tion or other policy changes to mitigate any MITTING GUIDANCE, AND REGIONAL PERMIT- (i) IN GENERAL.—The guidance under sub- potential risks identified under subclause (I). TING TASK FORCE.— paragraph (A) shall address requirements ‘‘(E) REPORT ON CARBON DIOXIDE NON- (1) DEFINITIONS.—In this subsection: under— REGULATORY STRATEGIES AND TECH- (A) CARBON CAPTURE, UTILIZATION, AND SE- (I) the National Environmental Policy Act NOLOGIES.— QUESTRATION PROJECTS.—The term ‘‘carbon of 1969 (42 U.S.C. 4321 et seq.); ‘‘(i) IN GENERAL.—Not less frequently than capture, utilization, and sequestration (II) the Federal Water Pollution Control once every 2 years, the Administrator shall projects’’ includes projects for direct air cap- submit to the Committee on Environment Act (33 U.S.C. 1251 et seq.); ture (as defined in paragraph (6)(B)(i) of sec- (III) the Clean Air Act (42 U.S.C. 7401 et and Public Works of the Senate and the tion 103(g) of the Clean Air Act (42 U.S.C. Committee on Energy and Commerce of the seq.); 7403(g))). (IV) the Safe Drinking Water Act (42 U.S.C. House of Representatives a report that de- (B) EFFICIENT, ORDERLY, AND RESPON- scribes— 300f et seq.); SIBLE.—The term ‘‘efficient, orderly, and re- (V) the Endangered Species Act of 1973 (16 ‘‘(I) the recipients of assistance under sub- sponsible’’ means, with respect to develop- paragraphs (B) and (C); and U.S.C. 1531 et seq.); ment or the permitting process for carbon (VI) division A of subtitle III of title 54, ‘‘(II) a plan for supporting additional non- capture, utilization, and sequestration regulatory strategies and technologies that United States Code (formerly known as the projects and carbon dioxide pipelines, a proc- ‘‘National Historic Preservation Act’’); could significantly prevent carbon dioxide ess that is completed in an expeditious man- (VII) the Migratory Bird Treaty Act (16 emissions or reduce carbon dioxide levels in ner while maintaining environmental, U.S.C. 703 et seq.); the air, in conjunction with other Federal health, and safety protections. (VIII) the Act of June 8, 1940 (16 U.S.C. 668 agencies. (2) REPORT.— et seq.) (commonly known as the ‘‘Bald and ‘‘(ii) INCLUSIONS.—The plan submitted (A) IN GENERAL.—Not later than 180 days Golden Eagle Protection Act’’); and under clause (i) shall include— after the date of enactment of this Act, the (IX) any other Federal law that the Chair ‘‘(I) a methodology for evaluating and Chair of the Council on Environmental Qual- determines to be appropriate. ranking technologies based on the ability of ity (referred to in this section as the (ii) ENVIRONMENTAL REVIEWS.—The guid- the technologies to cost effectively reduce ‘‘Chair’’), in consultation with the Adminis- ance under subparagraph (A) shall include di- carbon dioxide emissions or carbon dioxide trator of the Environmental Protection rection to States and other interested par- levels in the air; and Agency, the Secretary of Energy, the Sec- ties for the development of programmatic ‘‘(II) a description of any nonair-related retary of the Interior, the Executive Direc- environmental reviews under the National environmental or energy considerations re- tor of the Federal Permitting Improvement Environmental Policy Act of 1969 (42 U.S.C. garding the technologies. Council, and the head of any other relevant 4321 et seq.) for carbon capture, utilization, ‘‘(F) GAO REPORT.—The Comptroller Gen- Federal agency (as determined by the Presi- and sequestration projects and carbon diox- eral of the United States shall submit to dent), shall prepare a report that— ide pipelines. Congress a report that— (i) compiles all existing relevant Federal (iii) PUBLIC INVOLVEMENT.—The guidance ‘‘(i) identifies all Federal grant programs permitting and review information and re- under subparagraph (A) shall be subject to in which a purpose of a grant under the pro- sources for project applicants, agencies, and the public notice, comment, and solicitation gram is to perform research on carbon cap- other stakeholders interested in the deploy- of information procedures under section ture and utilization technologies, including ment of carbon capture, utilization, and se- 1506.6 of title 40, Code of Federal Regulations direct air capture technologies; and questration projects and carbon dioxide pipe- (or a successor regulation). ‘‘(ii) examines the extent to which the Fed- lines, including— (C) SUBMISSION; PUBLICATION.—The Chair eral grant programs identified pursuant to (I) the appropriate points of interaction shall— clause (i) overlap or are duplicative.’’. with Federal agencies; (i) submit the guidance under subpara- (c) REPORT.—Not later than 1 year after (II) clarification of the permitting respon- graph (A) to the Committee on Environment the date of enactment of this Act, the Ad- sibilities and authorities among Federal and Public Works of the Senate and the ministrator of the Environmental Protection agencies; and Committee on Energy and Commerce of the Agency (referred to in this section as the (III) best practices and templates for per- House of Representatives; and ‘‘Administrator’’) shall submit to Congress a mitting; (ii) as soon as practicable, make the guid- report describing how funds appropriated to (ii) inventories current or emerging activi- ance publicly available. the Administrator during the 5 most recent ties that transform captured carbon dioxide (D) EVALUATION.—The Chair shall— fiscal years have been used to carry out sec- into a product of commercial value, or as an (i) periodically evaluate the reports of the tion 103 of the Clean Air Act (42 U.S.C. 7403), input to products of commercial value; task forces under paragraph (4)(E) and, as including a description of— (iii) inventories existing initiatives and re- necessary, revise the guidance under sub- (1) the amount of funds used to carry out cent publications that analyze or identify paragraph (A); and specific provisions of that section; and priority carbon dioxide pipelines needed to (ii) each year, submit to the Committee on (2) the practices used by the Administrator enable efficient, orderly, and responsible de- Environment and Public Works of the Sen- to differentiate funding used to carry out velopment of carbon capture, utilization, and ate, the Committee on Energy and Com- that section, as compared to funding used to sequestration projects at increased scale; merce of the House of Representatives, and carry out other provisions of law. (iv) identifies gaps in the current Federal relevant Federal agencies a report that de- (d) INCLUSION OF CARBON CAPTURE INFRA- regulatory framework for the deployment of scribes any recommendations for legislation, STRUCTURE PROJECTS.—Section 41001(6) of the carbon capture, utilization, and sequestra- rules, revisions to rules, or other policies FAST Act (42 U.S.C. 4370m(6)) is amended— tion projects and carbon dioxide pipelines; that would address the issues identified by (1) in subparagraph (A)— and the task forces under paragraph (4)(E). (A) in the matter preceding clause (i), by (v) identifies Federal financing mecha- (4) TASK FORCE.— inserting ‘‘carbon capture,’’ after ‘‘manufac- nisms available to project developers. (A) ESTABLISHMENT.—Not later than 18 turing,’’; (B) SUBMISSION; PUBLICATION.—The Chair months after the date of enactment of this (B) in clause (i)(III), by striking ‘‘or’’ at shall— Act, the Chair shall establish not less than 2 the end; (i) submit the report under subparagraph task forces, which shall each cover a dif- (C) by redesignating clause (ii) as clause (A) to the Committee on Environment and ferent geographical area with differing de- (iii); and Public Works of the Senate and the Com- mographic, land use, or geological issues—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.074 S12JNPT1 S3410 CONGRESSIONAL RECORD — SENATE June 12, 2019 (i) to identify permitting and other chal- (viii) develop recommendations for rel- (1) field carrier landing practice at— lenges and successes that permitting au- evant Federal agencies on how to develop (A) Naval Outlying Field (OLF) Coupeville; thorities and project developers and opera- and research technologies that— and tors face; and (I) can capture carbon dioxide; and (B) Ault Field; and (ii) to improve the performance of the per- (II) would be able to be deployed within the (2) training conducted above or adjacent to mitting process and regional coordination region covered by the task force, including public land. for the purpose of promoting the efficient, any projects that have received technical or (b) PUBLIC AVAILABILITY.—The Secretary orderly, and responsible development of car- financial assistance for research under para- shall publish the results of any monitoring bon capture, utilization, and sequestration graph (6) of section 103(g) of the Clean Air conducted under subsection (a) on a publicly projects and carbon dioxide pipelines. Act (42 U.S.C. 7403(g)). available Internet website of the Department (B) MEMBERS AND SELECTION.— (E) REPORT.—Each year, each task force of Defense. (c) REPORT.—Not later than 180 days after (i) IN GENERAL.—The Chair shall— shall prepare and submit to the Chair and to the date of the enactment of this Act, the (I) develop criteria for the selection of the other task forces a report that includes— Secretary shall submit to the Committees on members to each task force; and (i) any recommendations for improvements Armed Services of the Senate and the House (II) select members for each task force in in efficient, orderly, and responsible issuance of Representatives a report on the results of accordance with subclause (I) and clause (ii). or administration of Federal permits and other Federal authorizations required under the monitoring conducted under subsection (ii) MEMBERS.—Each task force— (a). (I) shall include not less than 1 representa- a law described in paragraph (3)(B)(i); and (ii) any other nationally relevant informa- tive of each of— SA 323. Ms. DUCKWORTH submitted (aa) the Environmental Protection Agency; tion that the task force has collected in car- rying out the duties under subparagraph (D). an amendment intended to be proposed (bb) the Department of Energy; (F) EVALUATION.—Not later than 5 years by her to the bill S. 1790, to authorize (cc) the Department of the Interior; after the date of enactment of this Act, the (dd) any other Federal agency the Chair appropriations for fiscal year 2020 for Chair shall— determines to be appropriate; military activities of the Department (i) reevaluate the need for the task forces; (ee) any State that requests participation of Defense, for military construction, and in the geographical area covered by the task and for defense activities of the De- (ii) submit to Congress a recommendation force; as to whether the task forces should con- partment of Energy, to prescribe mili- (ff) developers or operators of carbon cap- tinue. tary personnel strengths for such fiscal ture, utilization, and sequestration projects year, and for other purposes; which was or carbon dioxide pipelines; and SA 321. Ms. CANTWELL submitted ordered to lie on the table; as follows: (gg) nongovernmental membership organi- an amendment intended to be proposed At the end of subtitle E of title XII, add zations, the primary mission of which con- the following: cerns protection of the environment; and by her to the bill S. 1790, to authorize (II) at the request of a Tribal or local gov- appropriations for fiscal year 2020 for SEC. 12ll. STATEMENT OF POLICY AND SENSE military activities of the Department OF SENATE ON MUTUAL DEFENSE ernment, may include a representative of— TREATY WITH THE REPUBLIC OF (aa) not less than 1 local government in of Defense, for military construction, THE PHILIPPINES. the geographical area covered by the task and for defense activities of the De- (a) STATEMENT OF POLICY.—It is the policy force; and partment of Energy, to prescribe mili- of the United States that— (bb) not less than 1 Tribal government in tary personnel strengths for such fiscal (1) while the United States has long adopt- the geographical area covered by the task year, and for other purposes; which was ed an approach that takes no position on the force. ordered to lie on the table; as follows: ultimate disposition of the disputed sov- (C) MEETINGS.— ereignty claims of the Spratly Islands, the At the end of subtitle C of title III, add the (i) IN GENERAL.—Each task force shall meet use of force is unacceptable; following: not less than twice each year. (2) respect for and adherence to arbitral de- (ii) JOINT MEETING.—To the maximum ex- SEC. 333. STUDY ON FEASIBILITY OF CON- cisions issued pursuant to the United Na- tent practicable, the task forces shall meet DUCTING TRAINING FOR EA-18 tions Convention on the Law of the Sea by GROWLERS USING A DECOMMIS- collectively not less than once each year. SIONED AIRCRAFT CARRIER. all parties is crucial; and (D) DUTIES.—Each task force shall— (a) IN GENERAL.—The Secretary of the (3) an attack on the armed forces, public (i) inventory existing or potential Federal Navy shall conduct a study on the feasibility vessels, or aircraft of the Republic of the and State approaches to facilitate reviews of conducting training for EA-18 Growlers Philippines within the metropolitan terri- associated with the deployment of carbon using a decommissioned aircraft carrier as tory of the Republic of the Philippines or on capture, utilization, and sequestration an alternative to training for such aircraft island territories in the Pacific under the ju- projects and carbon dioxide pipelines, includ- conducted as of the date of the enactment of risdiction of the Republic of the Philippines, ing best practices that— this Act. including the South China Sea, would com- (I) avoid duplicative reviews; (b) REPORT.—Not later than 180 days after pel the United States to act pursuant to Ar- (II) engage stakeholders early in the per- the date of the enactment of this Act, the ticle IV of the Mutual Defense Treaty be- mitting process; and Secretary of the Navy shall submit to the tween the Republic of the Philippines and (III) make the permitting process efficient, Committees on Armed Services of the Senate the United States of America, done at Wash- orderly, and responsible; and the House of Representatives a report on ington August 30, 1951, to meet common dan- (ii) develop common models for State-level the results of the study conducted under sub- gers in accordance with the constitutional carbon dioxide pipeline regulation and over- section (a). processes of the Republic of the Philippines. sight guidelines that can be shared with (b) SENSE OF SENATE.—It is the sense of the States in the geographical area covered by SA 322. Ms. CANTWELL submitted Senate that the Secretary of State and the the task force; an amendment intended to be proposed Secretary of Defense should— (1) affirm the commitment of the United (iii) provide technical assistance to States by her to the bill S. 1790, to authorize in the geographical area covered by the task States to the Mutual Defense Treaty be- appropriations for fiscal year 2020 for tween the United States and the Republic of force in implementing regulatory require- military activities of the Department ments and any models developed under the Philippines; clause (ii); of Defense, for military construction, (2) preserve and strengthen the alliance of (iv) inventory current or emerging activi- and for defense activities of the De- the United States with the Republic of the ties that transform captured carbon dioxide partment of Energy, to prescribe mili- Philippines; into a product of commercial value, or as an tary personnel strengths for such fiscal (3) prioritize efforts to develop a shared un- input to products of commercial value; year, and for other purposes; which was derstanding of alliance commitments and de- fense planning; and (v) identify any priority carbon dioxide ordered to lie on the table; as follows: pipelines needed to enable efficient, orderly, (4) provide appropriate support to the Re- At the end of subtitle E of title III, add the public of the Philippines to strengthen the and responsible development of carbon cap- following: ture, utilization, and sequestration projects self-defense capabilities of the Republic of SEC. 360. MONITORING OF NOISE FROM FLIGHTS at increased scale; the Philippines, particularly in the maritime AND TRAINING OF EA-18G GROWL- domain. (vi) identify gaps in the current Federal ERS ASSOCIATED WITH NAVAL AIR and State regulatory framework and in ex- STATION WHIDBEY ISLAND. SA 324. Ms. ROSEN submitted an isting data for the deployment of carbon cap- (a) IN GENERAL.—The Secretary of Defense amendment intended to be proposed by ture, utilization, and sequestration projects shall provide for real-time monitoring of and carbon dioxide pipelines; noise from all flights and training of EA-18G her to the bill S. 1790, to authorize ap- (vii) identify Federal and State financing Growlers associated with Naval Air Station propriations for fiscal year 2020 for mechanisms available to project developers; Whidbey Island, including monitoring of military activities of the Department and noise relating to— of Defense, for military construction,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.074 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3411 and for defense activities of the De- the National Guard and the United States ‘‘(2) CONVERSION OF LEAVE PERIOD INTO partment of Energy, to prescribe mili- Northern Command, and an identification of HOURS.—The 20 days of leave referred to in tary personnel strengths for such fiscal emerging gaps and shortfalls in light of cur- paragraph (1) shall be converted to 160 hours year, and for other purposes; which was rent homeland security threats to our coun- of leave for full-time employees and propor- ordered to lie on the table; as follows: try. tionally adjusted for employees with a part- (2) A list of the resources that each State time tour of duty or an uncommon tour of At the end of subtitle C of title III, add the and Territory National Guard has at its dis- duty in which the hours for which leave may following: posal that are available to respond to a be charged are in excess of 80 hours in a bi- SEC. 333. ESTABLISHMENT OF ADVERSARY AIR homeland defense or security incident, with weekly pay period. TRAINING PROGRAM FOR THE AIR particular focus on a multi-State electro- ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY FORCE. magnetic pulse event. HEAD.— (a) IN GENERAL.—The Secretary of the Air ‘‘(1) IN GENERAL.—Use of the authority Force shall implement an adversary air (3) The readiness and resourcing status of under subsection (b) shall be at the sole and training program through the award of con- forces listed pursuant to paragraph (2). exclusive discretion of the head of the agen- tracts to qualified entities, as determined by (4) The current strengths and areas of im- the Secretary, through the use of competi- provement in working with State and Fed- cy concerned. tive procurement under the provisions of the eral interagency partners. ‘‘(2) POLICIES.—The head of an agency may Federal Acquisition Regulation to enhance (5) The current assessments that address prescribe agency-wide policies to govern the competition, maximize savings, and provide National Guard readiness and resourcing of use of the authority under subsection (b) a variety of adversary aircraft. regular United States Northern Command within the agency. (b) ELEMENTS OF PROGRAM.—The program forces postured to respond to homeland de- ‘‘(d) RECORDS.—An agency shall record under subsection (a) shall— fense and security incidents. leave provided under this section separately (1) leverage commercial adversary air sup- (6) A roadmap to 2040 that addresses readi- from leave authorized under any other provi- port as a most efficient use of experienced ness across the spectrum of long-range sion of law. instructors, re-purposed supersonic fighter emerging threats facing the United States. ‘‘§ 6329e. Foreign holiday leave aircraft, and specialized equipment to re- ‘‘(a) DEFINITIONS.—In this section— store peer adversary capability in tactical SA 326. Mr. CARPER (for himself, ‘‘(1) the term ‘agency’— services through threat-representative ad- Mr. TESTER, Mr. JOHNSON, and Mr. ‘‘(A) means an Executive agency; and versary support; GRASSLEY) submitted an amendment ‘‘(B) does not include the Government Ac- (2) promote stability to acquire and retain intended to be proposed by him to the countability Office; experienced fighter tactics instructor pilots bill S. 1790, to authorize appropriations ‘‘(2) the term ‘employee’ has the meaning and aircraft maintainers, along with fighter for fiscal year 2020 for military activi- given that term in section 6301; and aircraft and systems, so as to have a safe, ef- ties of the Department of Defense, for ‘‘(3) the term ‘leave year’ means the period fective, and sustainable commercial adver- beginning on the first day of the first com- sary air program; military construction, and for defense plete pay period in a calendar year and end- (3) preserve Air Force program flexibility activities of the Department of Energy, ing on the day immediately before the first through subsequent task orders for indi- to prescribe military personnel day of the first complete pay period in the vidual location support; strengths for such fiscal year, and for following calendar year. (4) immediately reduce airframe and en- other purposes; which was ordered to ‘‘(b) LEAVE FOR LOCAL HOLIDAYS OBSERVED gine hours accumulated on front line aircraft lie on the table; as follows: IN FOREIGN AREAS.—During a leave year, the currently being used as adversary air train- head of an agency may grant not more than At the end of subtitle H of title X, add the ing aircraft; 5 days of leave without loss of or reduction following: (5) preserve operational flight hours and in pay, leave to which an employee is other- aircraft available for mission readiness SEC. 1086. REST AND RECUPERATION LEAVE AND wise entitled under law, or credit for time or training; and FOREIGN HOLIDAY LEAVE. service to a civilian employee of the agency (6) realize immediate front line aircraft op- (a) IN GENERAL.—Subchapter II of chapter serving in a foreign area for local holidays erations and maintenance savings by aggres- 63 of title 5, United States Code, is amended observed in the foreign area— sively transitioning to commercial adver- by adding at the end the following new sec- ‘‘(1) if the head of the agency determines sary air training programs. tions: that the conduct of business during the local (c) TYPES OF CONTRACTS.—The Secretary of ‘‘§ 6329d. Rest and recuperation leave holidays would be inconsistent with host- the Air Force shall carry out the program ‘‘(a) DEFINITIONS.—In this section— country practice or otherwise not in the best under subsection (a) through the award of ‘‘(1) the term ‘agency’— interest of the United States; or ten-year indefinite delivery, indefinite quan- ‘‘(A) means an Executive agency; and ‘‘(2) for such other reasons as the head of tity contracts. ‘‘(B) does not include the Government Ac- the agency determines necessary to advance (d) USE OF FUNDS.—In carrying out this countability Office; the diplomatic interests of the United section, the Secretary of the Air Force may ‘‘(2) the term ‘combat zone’ means— States. use funds authorized for Air Force Operation ‘‘(A) a geographic area designated by an ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY and Maintenance in— Executive Order of the President as an area HEAD.— (1) this Act; and in which the Armed Forces are engaging or ‘‘(1) IN GENERAL.—Use of the authority (2) the National Defense Authorization Act have engaged in combat; under subsection (b) shall be at the sole and for Fiscal Year 2019 (Public Law 115–232). ‘‘(B) an area designated by law to be treat- exclusive discretion of the head of the agen- SA 325. Ms. ROSEN submitted an ed as a combat zone; or cy concerned. ‘‘(C) a location the Secretary of Defense ‘‘(2) POLICIES.—The head of an agency may amendment intended to be proposed by prescribe agency-wide policies to govern the her to the bill S. 1790, to authorize ap- has certified for combat zone tax benefits due to its direct support of military oper- use of the authority under subsection (b) propriations for fiscal year 2020 for ations; within the agency. military activities of the Department ‘‘(3) the term ‘employee’ has the meaning ‘‘(d) RECORDS.—An agency shall record of Defense, for military construction, given the term in section 6301; leave provided under this section separately and for defense activities of the De- ‘‘(4) the term ‘high risk, high threat post’ from leave authorized under any other provi- partment of Energy, to prescribe mili- has the meaning given the term in section sion of law.’’. tary personnel strengths for such fiscal 104 of the Omnibus Diplomatic Security and (b) CLERICAL AMENDMENT.—The table of year, and for other purposes; which was Antiterrorism Act of 1986 (22 U.S.C. 4803); and sections at the beginning of such chapter is amended by inserting after the item relating ordered to lie on the table; as follows: ‘‘(5) the term ‘leave year’ means the period beginning on the first day of the first com- to section 6329c the following new items: At the end of subtitle F of title X, add the plete pay period in a calendar year and end- ‘‘6329d. Rest and recuperation leave. following: ing on the day immediately before the first ‘‘6329e. Foreign holiday leave.’’. SEC. 1061. REPORT ON NATIONAL GUARD AND day of the first complete pay period in the UNITED STATES NORTHERN COM- Ms. CORTEZ MASTO sub- MAND CAPACITY TO MEET HOME- following calendar year. SA 327. LAND DEFENSE AND SECURITY INCI- ‘‘(b) LEAVE FOR REST AND RECUPERATION.— mitted an amendment intended to be DENTS. ‘‘(1) IN GENERAL.—During a leave year, the proposed by her to the bill S. 1790, to Not later than September 30, 2020, the head of an agency may grant not more than authorize appropriations for fiscal year Chief of the National Guard Bureau shall, in 20 days of leave without loss of or reduction 2020 for military activities of the De- consultation with the Commander of United in pay, leave to which an employee is other- partment of Defense, for military con- States Northern Command, submit to the wise entitled under law, or credit for time or congressional defense committees a report service to a civilian employee of the agency struction, and for defense activities of setting forth the following: serving in a combat zone or other high risk, the Department of Energy, to prescribe (1) A clarification of the roles and mis- high threat post for the purposes of rest and military personnel strengths for such sions, structure, capabilities, and training of recuperation. fiscal year, and for other purposes;

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.075 S12JNPT1 S3412 CONGRESSIONAL RECORD — SENATE June 12, 2019 which was ordered to lie on the table; him to the bill S. 1790, to authorize ap- China, Russia, and Iran, all of whom have in- as follows: propriations for fiscal year 2020 for vested in anti-access area denial capabilities and gray zone tactics; At the end of subtitle A of title IX, add the military activities of the Department (3) there are significant logistics short- following: of Defense, for military construction, falls, as outlined in the November 2018 final SEC. 906. INSTITUTIONALIZATION WITHIN DE- and for defense activities of the De- report of the Defense Science Board (DSB) PARTMENT OF DEFENSE OF RE- partment of Energy, to prescribe mili- SPONSIBILITIES AND AUTHORITIES Task Force on Survivable Logistics, which, OF THE CHIEF MANAGEMENT OFFI- tary personnel strengths for such fiscal if left unaddressed, would hamper the readi- CER. year, and for other purposes; which was ness and ability of the Armed Forces of the (a) MANNER OF DIRECTION OF BUSINESS-RE- ordered to lie on the table; as follows: United States to conduct operations glob- LATED ACTIVITIES OF MILITARY DEPART- At the appropriate place in subtitle H of ally; MENTS.—The Secretary of Defense shall de- title X, insert the following: (4) the military departments have not shown a strong commitment to funding lo- termine the manner in which the Chief Man- SEC. 10ll. REAFFIRMING THE AUTHORITY OF agement Officer directs the business-related THE UNDER SECRETARY OF AGRI- gistics, for example— activities of the military departments. CULTURE FOR RESEARCH, EDU- (A) the Army and the Air Force, excluding (b) RESPONSIBILITY FOR DEFENSE AGENCIES CATION, AND ECONOMICS. the reserve components, requested $76,000,000 AND FIELD ACTIVITIES.—The Secretary shall Subtitle F of the Department of Agri- and $25,000,000 less, respectively, for logistics determine the responsibilities and authori- culture Reorganization Act of 1994 (7 U.S.C. between fiscal year 2019 and fiscal year 2020; ties, if any, of the Chief Management Officer 6971) is amended by adding at the end the fol- (B) since fiscal year 2018, there has been for the Defense Agencies and the Department lowing: neither a line item request for the National of Defense Field Activities, including a de- ‘‘SEC. 252. REAFFIRMING THE AUTHORITY OF Defense Sealift Fund nor a request to in- termination as to the following: THE UNDER SECRETARY. crease more prepositioning or surge ships; (1) Whether one or more additional Defense ‘‘(a) IN GENERAL.—Notwithstanding the au- and Agencies, Department of Defense Field Ac- thority specified in Reorganization Plan (C) the Marine Corps only asked for tivities, or both should provide shared busi- Numbered 2 of 1953 (67 Stat. 633; 5 U.S.C. $5,000,000 more in procurement of commer- ness services. App.; 7 U.S.C. 2201 note) or any other provi- cial cargo vehicles for fiscal year 2020; and (2) Which Defense Agencies, Department of sion of Federal law relating to the authority (5) the Secretary of Defense should enact Defense Field Activities, or both should be of the Secretary, including section 296— the full list of recommendations listed in the required to submit their proposed budgets ‘‘(1) the Agricultural Research Service, the November 2018 final report of the Defense for enterprise business operations to the Economic Research Service, the National Science Board (DSB) Task Force on Surviv- Chief Management Officer for review. Agricultural Statistics Service, and the Na- able Logistics and, particularly, the Sec- (c) ASSIGNMENT OF RESPONSIBILITIES AND tional Institute of Food and Agriculture (and retary should address the chronic under- AUTHORITIES.—The Secretary shall, in light any successor agency to any of those agen- funding of logistics relative to other prior- of determinations under subsections (a) and cies) shall be within the research, education, ities of the Department of Defense. (b), assign the responsibilities and authori- and economics mission area of the Depart- ties of the Chief Management Officer (wheth- ment; SA 331. Mr. MERKLEY submitted an er specified in statute or otherwise), and the ‘‘(2) the authority to administer each of amendment intended to be proposed by manner of the discharge of such responsibil- those agencies is vested in the Under Sec- him to the bill S. 1790, to authorize ap- ities and authorities, applicable Department- retary for Research, Education, and Econom- propriations for fiscal year 2020 for wide, as appropriate. ics; and military activities of the Department ‘‘(3) the authority to administer those (d) PLAN OF ACTION REQUIRED.—Not later of Defense, for military construction, than 90 days after the date of the enactment agencies may not be vested in the head of an- of this Act, the Secretary shall submit to the other agency within the Department. and for defense activities of the De- congressional defense committees a plan, in- ‘‘(b) LOCATION OF AGENCIES.—The Sec- partment of Energy, to prescribe mili- cluding a timeline, for carrying out the re- retary shall locate the headquarters of the tary personnel strengths for such fiscal quirements of this section. Economic Research Service and the National year, and for other purposes; which was Institute of Food and Agriculture, and the ordered to lie on the table; as follows: SA 328. Mr. CARDIN submitted an majority of the staff of each of those agen- cies, within the National Capital Region to At the appropriate place in title XI, insert amendment intended to be proposed by the following: him to the bill S. 1790, to authorize ap- ensure maximum coordination and inter- action— SEC. lll. DEPARTMENT OF DEFENSE FAMILY propriations for fiscal year 2020 for ‘‘(1) between those agencies; AND MEDICAL LEAVE BANKS. military activities of the Department ‘‘(2) between each of those agencies and the (a) IN GENERAL.—Subchapter V of chapter of Defense, for military construction, agencies delivering the food and agricultural 63 of title 5, United States Code, is amend- and for defense activities of the De- programs and services of the Department; ed— partment of Energy, to prescribe mili- and (1) by redesignating section 6387 as section tary personnel strengths for such fiscal ‘‘(3) between each of those agencies and 6388; and other Federal science agencies (including (2) by inserting after section 6386 the fol- year, and for other purposes; which was lowing: ordered to lie on the table; as follows: science agencies of the Department).’’. ‘‘§ 6387. Department of Defense family and At the end of subtitle F of title VIII, add SA 330. Ms. DUCKWORTH submitted medical leave banks the following: an amendment intended to be proposed ‘‘(a) DEFINITIONS.—In this section— SEC. 866. CIVILIAN LEADERSHIP OF CROSS FUNC- by her to the bill S. 1790, to authorize ‘‘(1) the term ‘covered DOD employee’ TIONAL TEAMS. appropriations for fiscal year 2020 for means an individual described in section The Secretary of Defense shall ensure military activities of the Department 6381(1)(A) who is employed by the Depart- that— ment, without regard to whether the indi- (1) all Cross Functional Teams (CFTs) have of Defense, for military construction, and for defense activities of the De- vidual meets the requirements of section civilian leadership; 6381(1)(B); (2) all civilian and senior military per- partment of Energy, to prescribe mili- ‘‘(2) the term ‘Department’ means the De- sonnel assigned to leadership positions with- tary personnel strengths for such fiscal partment of Defense; in defense acquisition organizations and year, and for other purposes; which was ‘‘(3) the term ‘designated unit’ means any Cross Functional Teams (CFTs) possess the ordered to lie on the table; as follows: agency, component, or other administrative appropriate acquisition certifications as di- At the end of subtitle C of title III, add the unit of the Department designated by the rected by the Defense Acquisition Workforce following: Secretary under subsection (b)(1); Improvement Act (title XII of Public Law ‘‘(4) the term ‘family and medical leave 110–510); and SEC. 333. SENSE OF SENATE ON PRIORITIZING SURVIVABLE LOGISTICS FOR THE bank’ means a family and medical leave (3) the Army Futures Command reports di- DEPARTMENT OF DEFENSE. bank established under subsection (b)(2); rectly to the Assistant Secretary of the It is the sense of the Senate that— ‘‘(5) the term ‘leave recipient’ means a cov- Army for Acquisition, Logistics, and Tech- (1) resilient and agile logistics are nec- ered DOD employee whose application under nology, which will have final authority over essary to implement the 2018 National De- subsection (e)(1) to receive leave from a fam- all acquisition and modernization decisions fense Strategy because it enables the United ily and medical leave bank is approved; and for the Army. States to project power and sustain the fight ‘‘(6) the term ‘Secretary’ means the Sec- against its strategic competitors in peace- retary of Defense. SA 329. Mr. VAN HOLLEN (for him- time and during war; ‘‘(b) ESTABLISHMENT OF FAMILY AND MED- self, Mr. MERKLEY, Mr. WARNER, Mr. (2) the joint logistics enterprise of the ICAL LEAVE BANKS.—The Secretary, in con- BROWN, and Mr. KAINE) submitted an Armed Forces of the United States faces sultation with the Director of the Office of amendment intended to be proposed by high-end threats from strategic competitors Personnel Management, shall—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.081 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3413 ‘‘(1) designate the agencies, components, or which shall contain such information as the ‘‘(C) A covered DOD employee to whom other administrative units of the Depart- Secretary, in consultation with the Director leave is transferred from a family and med- ment for which it is appropriate to have a of the Office of Personnel Management, shall ical leave bank shall first use all of the separate family and medical leave bank; and by regulation prescribe. transferred leave before using leave de- ‘‘(2) establish a family and medical leave ‘‘(2) DETERMINATION.—A Family and Med- scribed in subparagraph (B)(ii). bank for each designated unit. ical Leave Bank Board may— ‘‘(D) The Director of the Office of Per- ‘‘(c) ESTABLISHMENT OF FAMILY AND MED- ‘‘(A) approve an application submitted sonnel Management shall prescribe any regu- ICAL LEAVE BANK BOARDS.— under paragraph (1); and lations necessary to carry out this para- ‘‘(1) IN GENERAL.—For each family and ‘‘(B) specify the amount of leave that shall graph.’’. medical leave bank established by the Sec- be transferred to a covered DOD employee (c) OPM AUTHORITY.—If the Director of the retary, the Secretary shall establish a Fam- whose application is approved. Office of Personnel Management determines ily and Medical Leave Bank Board consisting ‘‘(3) MAXIMUM AMOUNT OF LEAVE.— expanding the family and medical leave bank of 3 members, at least one of whom shall rep- ‘‘(A) IN GENERAL.—A Family and Medical program Governmentwide would be appro- resent a labor organization or employee Leave Bank Board may not specify an priate, the Director may prescribe regula- group, to administer the family and medical amount of leave to be transferred to a cov- tions granting Executive agencies (as defined leave bank, in consultation with the Office of ered DOD employee that is more than the in section 105 of title 5, United States Code) Personnel Management. amount of leave described in subparagraph the authority to establish family and med- ‘‘(2) DUTIES.—Each Family and Medical (B). ical leave banks, in the same manner as pro- Leave Bank Board, in conjunction with the ‘‘(B) AMOUNT.—The amount described in vided under the amendments made by sub- human resource office for the agency, com- this subparagraph is— sections (a) and (b), to the maximum extent ponent, or administrative unit for which the ‘‘(i) with respect to a full-time covered practicable. applicable family and medical leave bank DOD employee, 12 weeks; and (d) TECHNICAL AND CONFORMING AMEND- was established, shall— ‘‘(ii) with respect to a part-time covered MENT.—The table of sections for chapter 63 of ‘‘(A) review and determine whether to ap- DOD employee, the amount equal to the title 5, United States Code, is amended by prove applications to the family and medical product obtained by multiplying— striking the item relating to section 6387 and leave bank under subsection (e)(1); ‘‘(I) 12 weeks; by inserting the following: ‘‘(B) monitor each case of a leave recipient; ‘‘(II) the quotient obtained by dividing— ‘‘6387. Department of Defense family and ‘‘(C) monitor the amount of leave in the ‘‘(aa) the number of hours in the regularly medical leave banks. family and medical leave bank and the num- scheduled workweek of the part-time cov- ‘‘6388. Regulations.’’. ber of applications for use of leave from the ered DOD employee; by Mr. MERKLEY submitted an family and medical leave bank; and ‘‘(bb) the number of hours in the regularly SA 332. ‘‘(D) maintain an adequate amount of leave scheduled workweek of a covered DOD em- amendment intended to be proposed by in the family and medical leave bank to the ployee serving in a comparable position on a him to the bill S. 1790, to authorize ap- greatest extent practicable. full-time basis. propriations for fiscal year 2020 for ‘‘(3) QUALIFYING FAMILY AND MEDICAL ‘‘(4) TRANSFER.—The Secretary shall trans- military activities of the Department EVENTS.—To the greatest extent practicable, fer to a covered DOD employee whose appli- of Defense, for military construction, each Family and Medical Leave Bank Board cation is approved under paragraph (2)(A) the shall use the certification forms and stand- and for defense activities of the De- number of hours of leave specified under partment of Energy, to prescribe mili- ards established for purposes of section 6382 paragraph (2)(B) from the family and medical in determining whether, for purposes of this tary personnel strengths for such fiscal leave bank for the designated unit in which year, and for other purposes; which was section, a circumstance described in section the covered DOD employee is employed. 6382(a)(1) exists. ‘‘(f) USE OF LEAVE.— ordered to lie on the table; as follows: ‘‘(d) CREDITING OF LEAVE.— ‘‘(1) COORDINATION WITH EXISTING FML.—A At the appropriate place, insert the fol- ‘‘(1) FORFEITED LEAVE.—Any annual leave leave recipient who is entitled to leave under lowing: lost by a covered DOD employee by oper- section 6382(a)(1) shall use any leave trans- SEC. ll. PROHIBITION ON INTRODUCTION OF ation of section 6304 shall be credited to the ferred to the leave recipient from a family UNITED STATES ARMED FORCES family and medical leave bank of the des- and medical leave bank in accordance with INTO HOSTILITIES WITH RESPECT ignated unit in which the covered DOD em- section 6382(d)(2). TO VENEZUELA. ployee is employed. (a) SHORT TITLE.—This section may be ‘‘(2) FAILURE TO USE LEAVE.— ‘‘(2) ADDITIONAL ANNUAL LEAVE CONTRIBU- cited as the ‘‘Prohibiting Unauthorized Mili- ‘‘(A) IN GENERAL.—Any leave transferred to TIONS.—This section shall not supersede or a leave recipient from a family and medical tary Action in Venezuela Resolution of modify the ability of a covered DOD em- leave bank that is not used before the end of 2019’’. (b) PROHIBITION.—Except as consistent ployee to donate earned annual leave to a the 12-month period beginning on the date with the requirements of the War Powers qualified recipient under regulations of the described in subparagraph (B)— Resolution (50 U.S.C. 1541 et seq.), none of Department. ‘‘(i) shall be forfeited by the leave recipi- the amounts authorized to be appropriated ‘‘(3) CONTRIBUTIONS OF USE OR LOSE ent; and or otherwise made available for the Depart- LEAVE.— ‘‘(ii) shall be credited to the family and ment of Defense, or for any other depart- ‘‘(A) IN GENERAL.—A covered DOD em- medical leave bank from which the leave was ment or agency of the United States Govern- ployee who is projected to have annual leave transferred. that otherwise would be subject to forfeiture ment, may be used to introduce the Armed ‘‘(B) START OF PERIOD FOR USE.—The date Forces of the United States into hostilities at the end of the leave year under section described in this subparagraph is the later with respect to Venezuela, except pursuant 6304 may submit an application in writing re- of— to a specific statutory authorization by Con- questing that a specified number of hours ‘‘(i) the date on which the circumstance de- gress enacted after the date of the enact- (not to exceed the number of hours projected scribed in section 6382(a)(1) arises; or ment of this Act. to be subject to forfeiture) be transferred ‘‘(ii) the date on which leave is transferred from the annual leave account of the covered to the covered DOD employee under sub- DOD employee to the family and medical SA 333. Mr. MERKLEY submitted an section (e)(4).’’. amendment intended to be proposed by leave bank for the designated unit in which (b) USE OF FAMILY AND MEDICAL LEAVE.— the covered DOD employee is employed. Section 6382(d) of title 5, United States Code, him to the bill S. 1790, to authorize ap- ‘‘(B) APPROVAL.—If a Family and Medical is amended— propriations for fiscal year 2020 for Leave Bank Board approves an application (1) by inserting ‘‘(1)’’ before ‘‘An employee military activities of the Department by a covered DOD employee under subpara- may elect’’ the first place it appears; and of Defense, for military construction, graph (A), the Secretary shall transfer to the (2) by adding at the end the following: and for defense activities of the De- family and medical leave bank of the des- ‘‘(2)(A) In this paragraph, the term ‘cov- partment of Energy, to prescribe mili- ignated unit in which the covered DOD em- ered DOD employee’ has the meaning given ployee is employed the amount of leave re- that term in section 6387. tary personnel strengths for such fiscal quested to be transferred. ‘‘(B) A covered DOD employee entitled to year, and for other purposes; which was ‘‘(e) APPLICATION FOR LEAVE.— leave under subsection (a)(1) to whom leave ordered to lie on the table; as follows: ‘‘(1) IN GENERAL.—A covered DOD employee is transferred from a family and medical At the appropriate place in title XII, insert who is or anticipates being absent from regu- leave bank under section 6387— the following: larly scheduled duty because of a cir- ‘‘(i) shall substitute for any leave without SEC. ll. REQUIREMENTS FOR CIVILIAN NU- cumstance described in section 6382(a)(1) pay under subsection (a)(1) the amount of CLEAR COOPERATION AGREEMENT (without regard to whether the covered DOD leave transferred to the employee from the WITH SAUDI ARABIA. employee is entitled to leave under section family and medical leave bank; and The United States may not enter into a ci- 6382(a)(1)) may submit an application to re- ‘‘(ii) may substitute for any leave without vilian nuclear cooperation agreement under ceive leave from the family and medical pay under subsection (a)(1) any annual or section 123 of the Atomic Energy Act of 1954 leave bank of the designated unit in which sick leave accrued or accumulated by such (42 U.S.C. 2153), commonly known as a ‘‘123 the covered DOD employee is employed, employee under subchapter I. Agreement’’, unless the agreement—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.076 S12JNPT1 S3414 CONGRESSIONAL RECORD — SENATE June 12, 2019 (1) prohibits the Kingdom of Saudi Arabia China seeking in bilateral or multilateral that places equal or greater verifiable con- from enriching uranium or separating pluto- arms control negotiations. straints on the Russian Federation’s nuclear nium on Saudi Arabian territory in keeping (F) A description of engagements with the forces. with the strongest possible nonproliferation People’s Republic of China on issues related (b) REPORT.— ‘‘gold standard’’; and to strategic stability. (1) IN GENERAL.—Not later than 120 days (2) requires the Kingdom of Saudi Arabia (G) An assessment of whether sufficient after the date of the enactment of this Act, to bring into force the Additional Protocol personnel are currently dedicated to stra- the Secretary of Defense, with the concur- with the International Atomic Energy Agen- tegic stability and arms control with the rence of the Director of National Intel- cy. People’s Republic of China. ligence and the Secretary of State, shall sub- (H) A description of the steps required to mit to the appropriate committees of Con- SA 334. Mr. MERKLEY submitted an negotiate a bilateral or multilateral arms gress a report on the implementation of the amendment intended to be proposed by control agreement with the People’s Repub- policy stated in subsection (a). him to the bill S. 1790, to authorize ap- lic of China. (2) ELEMENTS.—The report required under propriations for fiscal year 2020 for (3) FORM.—The strategy required by para- paragraph (1) shall include the following ele- military activities of the Department graph (1) shall be submitted in unclassified ments: form but may include a classified annex. (A) A description of anticipated changes to of Defense, for military construction, the Russian Federation’s nuclear force struc- and for defense activities of the De- (c) STUDY REQUIRED.— (1) IN GENERAL.—Not later than 30 days ture in the event the New START Treaty ex- partment of Energy, to prescribe mili- after the date of the enactment of this Act, pires in 2021 and how and at what cost the tary personnel strengths for such fiscal the Secretary of Defense shall seek to enter United States would plan to make cor- year, and for other purposes; which was into a contract with a federally funded re- responding changes to its own nuclear force ordered to lie on the table; as follows: search and development center to conduct a posture. At the end of subtitle H of title X, add the study on avoiding inadvertent nuclear war (B) A description of how and at what cost following: with the People’s Republic of China. the United States plans to replace the New START Treaty’s onsite inspections and SEC. llll. PROHIBITION ON USE OF FUNDS (2) ELEMENTS OF STUDY.—The study re- FOR HOUSING UNACCOMPANIED quired by paragraph (1) shall, at a min- other verification measures, which provide ALIEN CHILDREN. imum— insight into the size, movement, and disposi- None of the funds authorized to be appro- (A) provide a detailed description of the tion of Russian strategic forces. priated under this Act may be used to ap- current composition of the nuclear forces of (C) An assessment of when new Russian nu- prove an interagency agreement or a memo- the People’s Republic of China, including the clear weapons systems that the United randum of understanding between the Sec- quantity of nuclear warheads and nuclear-ca- States has notified the Russian Federation retary of Defense and the Secretary of pable delivery systems, as well as antici- may be accountable under the Treaty are an- Health and Human Services for the reim- pated changes in its nuclear force structure ticipated to enter deployment prior to 2026 bursement of expenses relating to housing or through fiscal year 2029; and in what number. (D) An analysis of how the Treaty’s expira- providing shelter for unaccompanied alien (B) assess the nuclear doctrine of the Peo- tion in 2021 is likely to impact the willing- children (as defined in section 462(g)(2) of the ple’s Republic of China; and ness of the People’s Republic of China to en- Homeland Security Act of 2002 (6 U.S.C. (C) identify potential pathways to inad- gage in strategic arms control talks as well 279(g)(2)). vertent escalation to nuclear war. as what changes it may make to the current (3) SUBMISSION TO DEPARTMENT OF DE- SA 335. Mr. MERKLEY submitted an posture and size of Chinese nuclear forces. FENSE.—Not later than 240 days after the amendment intended to be proposed by (E) An analysis of how a decision to delay date of the enactment of this Act, the feder- the decision to extend the Treaty until 2020 him to the bill S. 1790, to authorize ap- ally funded research and development center will impact planning by the Defense Threat propriations for fiscal year 2020 for described in paragraph (1) shall submit to Reduction Agency (DTRA) for United States military activities of the Department the Secretary a report containing the results onsite inspections of the Russian Federation of the study conducted under that para- of Defense, for military construction, in calendar year 2021. graph. and for defense activities of the De- (F) A description of the views of United (4) SUBMISSION TO CONGRESS.—Not later partment of Energy, to prescribe mili- States allies in Europe and the Indo-Pacific than 270 days after the date of the enactment tary personnel strengths for such fiscal toward extension of the Treaty, in particular of this Act, the Secretary shall submit to the year, and for other purposes; which was its value in preserving NATO support for the appropriate congressional committees the Alliance’s nuclear extended deterrence mis- ordered to lie on the table; as follows: report required by paragraph (3), without sion. At the end of subtitle E of title XII, add making any changes. (3) FORM.—The report required under para- the following: (d) APPROPRIATE CONGRESSIONAL COMMIT- graph (1) shall be submitted in unclassified SEC. 1262. UNITED STATES STRATEGY WITH RE- TEES DEFINED.—In this section, the term form but may contain a classified annex. SPECT TO THE NUCLEAR FORCES OF ‘‘appropriate congressional committees’’ (c) DEFINITIONS.—In this section: PEOPLE’S REPUBLIC OF CHINA. means the following: (a) STATEMENT OF POLICY.—Congress de- (1) APPROPRIATE COMMITTEES OF CON- (1) The congressional defense committees. clares that making long-term strategic com- GRESS.—The term ‘‘appropriate committees (2) The Committee on Foreign Relations of petition with the People’s Republic of China of Congress’’ means— the Senate and the Committee on Foreign a principal priority for the United States ele- (A) the congressional defense committees; Affairs of the House of Representatives. vates the importance of strategic stability (B) the Committee on Foreign Relations and the Select Committee on Intelligence of dialogue aimed at reducing the risk of inad- SA 336. Mr. MERKLEY submitted an vertent nuclear war. the Senate; and (b) STRATEGY REQUIRED.— amendment intended to be proposed by (C) the Committee on Foreign Affairs and (1) IN GENERAL.—Not later than 180 days him to the bill S. 1790, to authorize ap- the Permanent Select Committee on Intel- after the date of the enactment of this Act, propriations for fiscal year 2020 for ligence of the House of Representatives. the President shall submit to the appro- military activities of the Department (2) NEW START TREATY.—The term ‘‘New priate congressional committees a strategy of Defense, for military construction, START Treaty’’ means the Treaty between with respect to the nuclear forces of the Peo- and for defense activities of the De- the United States of America and the Rus- ple’s Republic of China. partment of Energy, to prescribe mili- sian Federation on Measures for the Further (2) ELEMENTS OF STRATEGY.—The strategy tary personnel strengths for such fiscal Reduction and Limitation of Strategic Of- required by paragraph (1) shall include the fensive Arms, signed April 8, 2010, and en- following: year, and for other purposes; which was tered into force February 5, 2011. (A) Updates to the tailored strategy for the ordered to lie on the table; as follows: People’s Republic of China articulated in the At the appropriate place in title XII, insert SA 337. Mr. MERKLEY submitted an 2018 Nuclear Posture Review. the following: amendment intended to be proposed by (B) Objectives of strategic stability and SEC. ll. UNITED STATES POLICY WITH RESPECT him to the bill S. 1790, to authorize ap- arms control dialogues with the People’s Re- TO THE NEW START TREATY. propriations for fiscal year 2020 for public of China. (a) STATEMENT OF POLICY.—It is the policy military activities of the Department (C) An assessment of actions that could be of the United States to extend the New of Defense, for military construction, interpreted by the United States or the Peo- START Treaty an additional five years until and for defense activities of the De- ple’s Republic of China as provocative or re- February 2026, as is permitted under Article quiring a strategic response. XIV of the Treaty, unless— partment of Energy, to prescribe mili- (D) Measures to avoid inadvertent esca- (1) the President determines that the Rus- tary personnel strengths for such fiscal lation of conflict between the United States sian Federation is in material breach of its year, and for other purposes; which was and the People’s Republic of China. obligations under the Treaty; or ordered to lie on the table; as follows: (E) Consideration of actions the United (2) the United States and the Russian Fed- At the end of subtitle E of title I, add the States anticipates the People’s Republic of eration enter into a new bilateral agreement following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.076 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3415 SEC. 155. PROHIBITION ON USE OF FUNDS FOR SA 338. Mr. MERKLEY submitted an him to the bill S. 1790, to authorize ap- PROCUREMENT, FLIGHT TESTING, amendment intended to be proposed by propriations for fiscal year 2020 for OR DEPLOYMENT OF SHORTER- OR INTERMEDIATE-RANGE GROUND him to the bill S. 1790, to authorize ap- military activities of the Department LAUNCHED BALLISTIC OR CRUISE propriations for fiscal year 2020 for of Defense, for military construction, MISSILE SYSTEM. military activities of the Department and for defense activities of the De- (a) IN GENERAL.—None of the amounts au- of Defense, for military construction, partment of Energy, to prescribe mili- thorized to be appropriated by this Act for and for defense activities of the De- tary personnel strengths for such fiscal the Department of Defense for fiscal year partment of Energy, to prescribe mili- year, and for other purposes; which was 2020 may be made available for the procure- tary personnel strengths for such fiscal ordered to lie on the table; as follows: ment, flight testing, or deployment of any year, and for other purposes; which was At the appropriate place in title X, insert United States shorter- or intermediate-range ordered to lie on the table; as follows: ground launched ballistic or cruise missile the following: system with a range between 500 and 5,500 At the end of subtitle C of title II, add the SEC. llll. ANNUAL REPORT ON CIVILIAN CAS- kilometers until the Secretary of Defense, in following: UALTIES IN CONNECTION WITH OP- concurrence with the Secretary of State and SEC. lll. STUDY ON COLLABORATION BE- ERATIONS BY THE INTELLIGENCE the Director of National Intelligence, sub- TWEEN DEPARTMENT OF DEFENSE COMMUNITY. AND DEPARTMENT OF ENERGY ON mits a report and offers a briefing to the ap- (a) ANNUAL REPORT REQUIRED.—Not later ENERGY RESEARCH, DEVELOPMENT, than May 1 each year, the Director of Na- propriate committees of Congress that— AND TECHNOLOGY TRANSFER. tional Intelligence shall submit to the con- (1) includes a Memorandum of Under- (a) FINDINGS.—Congress makes the fol- gressional intelligence committees a report standing (MOU) from a NATO or Indo-Pacific lowing findings: on civilian casualties caused as a result of ally that commits it to host deployment of (1) The Department of Defense will invest United States intelligence operations during any such missile on its own territory, and in $1,600,000,000 this year in research, develop- the case of deployment on the European con- ment, testing, and evaluation (RDT&E) that the preceding year. tinent, has the concurrence of the North At- is directly related to energy. (b) ELEMENTS.—Each report under sub- lantic Council; (2) Such investment in energy reflects the section (a) shall set forth the following: (2) provides a detailed diplomatic proposal Armed Forces’ characteristic pursuit of ad- (1) A list of all the United States intel- for negotiating an agreement to obtain the vanced technology as a force multiplier. ligence operations, including each specific strategic stability benefits of the INF Trea- (3) The Department played a major role in mission, strike, engagement, raid, or inci- ty; the development of at least three of the most dent, during the year covered by such report (3) assesses the implications, in terms of important energy innovations of the last 75 that were confirmed, or reasonably sus- the military threat to the United States and years, namely the nuclear reactor, the gas pected, to have resulted in civilian casual- its allies in Europe and the Indo-Pacific, of a turbine or jet engine, and the solar photo- ties. Russian Federation deployment of inter- voltaic (PV) cell. (2) For each intelligence operation listed mediate-range cruise and ballistic missiles (4) The Department has been the driver for pursuant to paragraph (1), each of the fol- without restriction; many major non-energy innovations as well, lowing: (4) identifies what types of technologies including radar, satellites, the Global Posi- (A) The date. and programs the United States would need tioning System (GPS), lasers, computers and (B) The location. to pursue to offset the additional Russian ca- semiconductors, robotics, artificial intel- (C) An identification of whether the oper- pabilities, and at what cost; ligence, and the Internet. ation occurred inside or outside of a declared (5) identifies what mission requirements (5) The energy needs of the Department are theater of active armed conflict. with respect to the Russian Federation and changing and growing. Most significant, the (D) The type of operation. the People’s Republic of China will be met by dramatic increase in electrical systems on- (E) An assessment of the number of civil- INF-type systems; board military platforms is driving elec- ian and enemy combatant casualties, includ- (6) identifies the degree to which INF-com- trification of the battlefield. That and the ing a differentiation between those killed pliant capabilities, such as sea and air- need to reduce the logistics footprint are cre- and those injured. launched cruise missiles, can meet those ating requirements for distributed and port- (3) A description of the process by which same mission requirements; and able power generation, smart energy net- the intelligence community investigates al- (7) identifies the ramifications of a col- works, improved energy storage, and wire- legations of civilian casualties resulting lapse of the INF Treaty on the ability to less power transmission. from United States intelligence operations, generate consensus among States Parties to (6) The approach of the Department to in- and, when appropriate, makes ex gratia pay- the NPT Treaty ahead of the 2020 NPT Re- novation is well suited to energy innovation, ments to the victims or their families. view Conference, and assesses the degree to including vendors’ need to both demonstrate (4) A description of steps taken by the in- which the Russian Federation will use the their complex technologies at scale, under telligence community to mitigate harm to United States unilateral withdrawal to sow realistic conditions (Department bases and civilians in conducting such operations. discord within the NATO alliance. platforms, combined with the Armed Forces’ (5) Any update or modification to any re- test-and-evaluation culture are a unique re- port under this section during a previous (b) FORM OF REPORT.—The report required source), and compete on price with low-cost year. under subsection (a) shall be unclassified (6) Any other matters the Director deter- with a classified annex. incumbents (the Department values perform- ance over price, and the military market is mines are relevant. (c) RULE OF CONSTRUCTION.—Nothing in large enough to yield economies of scale and (c) USE OF SOURCES.—In preparing a report this section shall be construed to authorize learning by doing). under this section, the Director shall take the use of the amounts authorized to be ap- (b) STUDY AND REPORT REQUIRED.— into account relevant and credible all-source propriated under this Act for the procure- (1) IN GENERAL.—Not later than 180 days reporting, including information from public ment, testing, or deployment of INF-type after the date of the enactment of this Act, reports and nongovernmental sources. systems in the United States or its terri- the Secretary of Defense shall— (d) FORM.— tories. (A) complete a study on identifying im- (1) IN GENERAL.—Each report under sub- (d) DEFINITIONS.—In this section: pediments to, and opportunities for, greater section (a) shall be submitted in unclassified (1) APPROPRIATE COMMITTEES OF CON- collaboration between the Department of De- form, but may include a classified annex. GRESS.—The term ‘‘appropriate committees fense and the Department of Energy on en- (2) AVAILABILITY.—The unclassified form of of Congress’’ means the congressional de- ergy research, development, and potential each report shall, at a minimum, be respon- fense committees, the Committee on Foreign technology transfer, particularly in the sive to each element under subsection (b) of Relations of the Senate, and the Committee areas of solar photovoltaic, micorgrids, en- a report under subsection (a), and shall be on Foreign Affairs of the House of Represent- ergy storage, and wide bandgap semiconduc- made available to the public at the same atives. tors; and time it is submitted to Congress (unless the (2) INF TREATY.—The term ‘‘INF Treaty’’ (B) submit to Congress the findings of the Director certifies in writing that the publi- means the Treaty between the United States Secretary with respect to the study com- cation of such information poses a threat to of America and the Union of Soviet Socialist pleted under subparagraph (A). the national security interests of the United Republics on the Elimination of Their Inter- (2) IDENTIFICATION OF AUTHORITY GAPS.—In States). mediate-Range and Shorter-Range Missiles, carrying out the study required by para- (e) DEFINITIONS.—In this section: together with the Memorandum of Under- graph (1)(A), the Secretary shall identify (1) CONGRESSIONAL INTELLIGENCE COMMIT- standing and Two Protocols, signed at Wash- current areas where the executive branch TEES.—The term ‘‘congressional intelligence ington December 8, 1987, and entered into does not have adequate authority to foster committees’’ has the meaning given such force June 1, 1988. the collaboration described in such para- term in section 3 of the National Security (3) NPT TREATY.—The term ‘‘NPT Treaty’’ graph. Act of 1947 (50 U.S.C. 3003). means the Treaty on the Non-Proliferation (2) INTELLIGENCE COMMUNITY.—The term of Nuclear Weapons, signed at Washington SA 339. Mr. MERKLEY submitted an ‘‘intelligence community’’ has the meaning July 1, 1968 amendment intended to be proposed by given such term in such section.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.077 S12JNPT1 S3416 CONGRESSIONAL RECORD — SENATE June 12, 2019

(f) SUNSET.—The requirement to submit a (i) IN GENERAL.—Payments made under this readiness for the next generation of medical report under subsection (a) shall expire on subsection for receptions, meals, and food-re- providers to treat critically injured burn pa- the date that is five years after the date of lated expenses shall be authorized only for tients. the enactment of this Act. actual expenses incurred by the Commission (b) SUPPORT OF PARTNERSHIPS.—The Sec- in the course of conducting its official duties retary of Defense shall make every effort to SA 340. Mr. COONS (for himself, Mr. and functions. support partnerships under the Joint Trau- TILLIS, Ms. KLOBUCHAR, Ms. SINEMA, (ii) TREATMENT OF PAYMENTS.—Amounts ma Education and Training Directorate with Mr. YOUNG, Ms. DUCKWORTH, Mr. MAR- received as reimbursement for expenses de- academic institutions that have level I civil- KEY, Mr. JONES, Ms. COLLINS, and Mr. scribed in clause (i) shall not be reported as ian trauma centers, specifically those cen- KAINE) submitted an amendment in- income, and the expenses so reimbursed shall ters with a burn center, that offer burn rota- tended to be proposed by him to the not be allowed as a deduction under the In- tions and clinical experience to provide ade- bill S. 1790, to authorize appropriations ternal Revenue Code of 1986. quate training and readiness for the next generation of medical providers to treat for fiscal year 2020 for military activi- (2) DESIGNATION OF PROFESSIONAL STAFF.— (A) IN GENERAL.—Each co-chairperson of critically injured burn patients. ties of the Department of Defense, for the Commission may designate 1 profes- (c) LEVEL I CIVILIAN TRAUMA CENTER DE- military construction, and for defense sional staff member. FINED.—In this section, the term ‘‘level I ci- activities of the Department of Energy, (B) COMPENSATION OF SENATE EMPLOYEES.— vilian trauma center’’ has the meaning given to prescribe military personnel In the case of the compensation of any pro- that term in section 708 of the National De- strengths for such fiscal year, and for fessional staff member designated under sub- fense Authorization Act for Fiscal Year 2017 other purposes; which was ordered to paragraph (A) who is an employee of a Mem- (Public Law 114–328; 10 U.S.C. 1071 note). (d) EFFECTIVE DATE.—This section shall lie on the table; as follows: ber of the Senate or of a committee of the Senate and who has been designated to per- take effect on October 1, 2020. At the appropriate place in subtitle F of title X, insert the following: form services for the Commission, the pro- fessional staff member shall continue to be SA 342. Mr. HOEVEN submitted an SEC. lll. JOHN S. MCCAIN III HUMAN RIGHTS paid by the Member or committee, as the amendment intended to be proposed by COMMISSION. him to the bill S. 1790, to authorize ap- (a) COMMISSION ESTABLISHMENT.— case may be, but the account from which the propriations for fiscal year 2020 for (1) IN GENERAL.—There is established in the professional staff member is paid shall be re- Senate the John S. McCain III Human Rights imbursed for the services of the professional military activities of the Department Commission (in this section referred to as staff member (including agency contribu- of Defense, for military construction, the ‘‘Commission’’). tions when appropriate) out of funds made and for defense activities of the De- available under subsection (c). (2) DUTIES.—The Commission shall— partment of Energy, to prescribe mili- (C) DUTIES.—Each professional staff mem- (A) serve as a forum for bipartisan discus- tary personnel strengths for such fiscal sion of international human rights issues ber designated under subparagraph (A) shall— year, and for other purposes; which was and promotion of internationally recognized ordered to lie on the table; as follows: human rights as enshrined in the Universal (i) serve all members of the Commission; Declaration of Human Rights; and At the appropriate place in title X, insert (B) raise awareness of international human (ii) carry out such other functions as the the following: rights violations through regular briefings co-chairperson designating the professional SEC. lll. CONCURRENT USE OF DEPARTMENT and hearings; and staff member may specify. OF DEFENSE TUITION ASSISTANCE (c) PAYMENT OF EXPENSES.— AND MONTGOMERY GI BILL-SE- (C) collaborate with the executive branch, LECTED RESERVE BENEFITS. human rights entities, and nongovernmental (1) IN GENERAL.—The expenses of the Com- mission shall be paid from the Contingent (a) IN GENERAL.—Section 16131 of title 10, organizations to promote human rights ini- United States Code, is amended by adding at tiatives within the Senate. Fund of the Senate, out of the account of Miscellaneous Items, upon vouchers ap- the end the following new subsection: (3) MEMBERSHIP.—Any Senator may be- ‘‘(k)(1) In the case of an individual entitled proved jointly by the co-chairpersons (except come a member of the Commission by sub- to educational assistance under this chapter that vouchers shall not be required for the mitting a written statement to that effect to who is pursuing education or training de- disbursement of salaries of employees who the Commission. scribed in subsection (a) or (c) of section 2007 are paid at an annual rate of pay). (4) CO-CHAIRPERSONS OF THE COMMISSION.— of this title on a half-time or more basis, the (2) AMOUNTS AVAILABLE.—For any fiscal (A) IN GENERAL.—Two members of the Secretary concerned shall, at the election of Commission shall be appointed to serve as year, not more than $200,000 shall be ex- pended for employees and expenses. the individual, pay the individual edu- co-chairpersons of the Commission, as fol- cational assistance allowance under this lows: SA 341. Mr. CASSIDY submitted an chapter for pursuit of such education or (i) One co-chairperson shall be appointed, training as if the individual were not also el- and may be removed, by the majority leader amendment intended to be proposed by igible to receive or in receipt of educational of the Senate. him to the bill S. 1790, to authorize ap- assistance under section 2007 for pursuit of (ii) One co-chairperson shall be appointed, propriations for fiscal year 2020 for such education or training. and may be removed, by the minority leader military activities of the Department ‘‘(2)(A) In the case of an individual entitled of the Senate. of Defense, for military construction, to educational assistance under this chapter (B) TERM.—The term of a member as a co- and for defense activities of the De- who is pursuing education or training de- chairperson of the Commission shall end on partment of Energy, to prescribe mili- scribed in subsection (a) or (c) of section 2007 the last day of the Congress during which the tary personnel strengths for such fiscal of this title on a less than half-time basis, member is appointed as a co-chairperson, un- the Secretary concerned shall, at the elec- less the member ceases being a member of year, and for other purposes; which was tion of the individual, pay the individual an the Senate, leaves the Commission, resigns ordered to lie on the table; as follows: educational assistance allowance to meet all from the position of co-chairperson, or is re- At the end of subtitle B of title VII, add or a portion of the charges of the educational moved. the following: institution for tuition or expenses for the (C) PUBLICATION.—Appointments under this SEC. 718. DEVELOPMENT OF PARTNERSHIPS TO education or training that are not paid by paragraph shall be printed in the Congres- IMPROVE COMBAT CASUALTY CARE the Secretary of the military department sional Record. FOR PERSONNEL OF THE ARMED concerned under such subsection. (D) VACANCIES.—Any vacancy in the posi- FORCES. ‘‘(B)(i) The amount of the educational as- tion of co-chairperson of the Commission (a) PARTNERSHIPS.— sistance allowance payable to an individual shall be filled in the same manner in which (1) IN GENERAL.—The Secretary of Defense under this paragraph for a month shall be the original appointment was made. shall, through the Joint Trauma Education the amount of the educational assistance al- (b) COMMISSION STAFF.— and Training Directorate established under lowance to which the individual would be en- (1) COMPENSATION AND EXPENSES.— section 708 of the National Defense Author- titled for the month under subsection (b), (A) IN GENERAL.—The Commission is au- ization Act for Fiscal Year 2017 (Public Law (d), (e), or (f). thorized, from funds made available under 114–328; 10 U.S.C. 1071 note), develop partner- ‘‘(ii) The number of months of entitlement subsection (c), to— ships with civilian academic medical centers charged under this chapter in the case of an (i) employ such staff in the manner and at and large metropolitan teaching hospitals to individual who has been paid an educational a rate not to exceed that allowed for employ- improve combat casualty care for personnel assistance allowance under this paragraph ees of a committee of the Senate under sec- of the Armed Forces. shall be equal to the number (including any tion 105(e)(3) of the Legislative Branch Ap- (2) PARTNERSHIPS WITH LEVEL I TRAUMA fraction) determined by dividing the total propriation Act, 1968 (2 U.S.C. 4575(e)(3)); and CENTERS.—In carrying out partnerships amount of such educational assistance allow- (ii) incur such expenses as may be nec- under paragraph (1), trauma surgeons and ance paid the individual by the full-time essary or appropriate to carry out its duties physicians of the Department of Defense monthly institutional rate of educational as- and functions. shall partner with level I civilian trauma sistance which such individual would other- (B) EXPENSES.— centers to provide adequate training and wise be paid under subparagraph (A), (B), (C),

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.077 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3417 or (D) of subsection (b)(1), subsection (d), tary personnel strengths for such fiscal (10) The nuclear deterrent of the United subsection (e), or subsection (f), as the case year, and for other purposes; which was States is comprised of a triad of delivery sys- may be.’’. ordered to lie on the table; as follows: tems for nuclear weapons, including sub- (b) CONFORMING AMENDMENTS.—Section marine-launched ballistic missiles (in this At the end of subtitle A of title X, add the 2007(d) of such title is amended— subsection referred to as ‘‘SLBMs’’), air-de- following: (1) in paragraph (1), by inserting ‘‘or chap- livered gravity bombs and cruise missiles, ter 1606 of this title’’ after ‘‘of title 38’’; and SEC. 1008. TREATMENT OF ACTIVITIES RELATING and land-based ballistic missiles that provide TO TRAINING AND READINESS OF (2) in paragraph (2), by inserting ‘‘, in the THE ARMED FORCES DURING A interlocking and mutually reinforcing at- case of educational assistance under chapter LAPSE IN APPROPRIATIONS AS VOL- tributes that enhance strategic deterrence. 30 of such title, and section 16131(k), in the UNTARY SERVICES ACCEPTABLE BY (11) Weakening one leg of the triad limits case of educational assistance under chapter THE UNITED STATES. the deterrent value of the other legs of the 1606 of this title’’ before the period at the Section 1342 of title 31, United States Code, triad. end. is amended by adding at the end the fol- (12) In the nuclear deterrent of the United lowing new sentence: ‘‘However, the term States, ICBMs provide commanders with the SA 343. Mr. HOEVEN submitted an does include any portion of a fiscal year dur- most prompt response capability, SLBMs amendment intended to be proposed by ing which the appropriation bill for the fiscal provide stealth and survivability, and air- him to the bill S. 1790, to authorize ap- year for the Department of Defense or the craft armed with nuclear weapons provide propriations for fiscal year 2020 for Department of Homeland Security, as appli- flexibility. cable, has not become law and an Act or military activities of the Department (13) The ICBM force of the United States joint resolution making continuing appro- forces any would-be attacker to confront of Defense, for military construction, priations for the fiscal year is not in effect, more than 400 discrete targets, thus creating and for defense activities of the De- but only with respect to activities relating an effectively insurmountable targeting partment of Energy, to prescribe mili- to the training and readiness of the Armed problem for a potential adversary. tary personnel strengths for such fiscal Forces (including the National Guard and (14) The size, dispersal, and global reach of year, and for other purposes; which was the Reserves) carried out during such por- the ICBM force of the United States ensures ordered to lie on the table; as follows: tion of the fiscal year.’’. that no adversary can escalate a crisis be- yond the ability of the United States to re- At the appropriate place in title X, insert SA 345. Mr. HOEVEN submitted an spond. the following: amendment intended to be proposed by (15) A potential attacker would be forced SEC. lll. CONCURRENT USE OF DEPARTMENT him to the bill S. 1790, to authorize ap- to expend far more warheads to destroy the OF DEFENSE TUITION ASSISTANCE AND MONTGOMERY GI BILL-SE- propriations for fiscal year 2020 for ICBMs of the United States than the United LECTED RESERVE BENEFITS. military activities of the Department States would lose in an attack, because of (a) IN GENERAL.—Section 16131 of title 10, of Defense, for military construction, the deployment of a single warhead on each United States Code, is amended by adding at ICBM of the United States. and for defense activities of the De- (16) The ICBM force provides a persistent the end the following new subsection: partment of Energy, to prescribe mili- ‘‘(k)(1) In the case of an individual entitled deterrent capability that reinforces strategic to educational assistance under this chapter tary personnel strengths for such fiscal stability. who is pursuing education or training de- year, and for other purposes; which was (17) ICBMs are the cheapest delivery sys- scribed in subsection (a) or (c) of section 2007 ordered to lie on the table; as follows: tem for nuclear weapons for the United of this title, the Secretary shall, at the elec- At the end of subtitle D of title XVI, add States to operate and maintain. tion of the individual, pay the individual an the following: (18) United States Strategic Command has educational assistance allowance to meet all SEC. 16ll. SENSE OF SENATE ON SUPPORT FOR validated military requirements for the or a portion of the charges of the educational A ROBUST AND MODERN ICBM unique capabilities of ICBMs. institution for the education or training that FORCE TO MAXIMIZE THE VALUE OF (19) In a 2014 analysis of alternatives, the are not paid by the Secretary of the military THE NUCLEAR TRIAD OF THE Air Force concluded that replacing the Min- UNITED STATES. department concerned under such sub- uteman III missile would provide upgraded (a) FINDINGS.—The Senate makes the fol- section. capabilities at lower cost when compared ‘‘(2)(A) The amount of the educational as- lowing findings: with extending the service life of the Min- sistance allowance payable to an individual (1) Land-based intercontinental ballistic uteman III missile. under this subsection for a month shall be missiles (in this section referred to as (20) The Minuteman III replacement pro- the amount of the educational assistance al- ‘‘ICBMs’’) have been a critical part of the gram, known as the ground-based strategic lowance to which the individual would be en- strategic deterrent of the United States for 6 deterrent, is expected to provide a land- titled for the month under subsection (b), decades in conjunction with air and sea- based strategic deterrent capability for 5 (d), (e), or (f). based strategic delivery systems. decades after the program enters service. ‘‘(B) The number of months of entitlement (2) President John F. Kennedy referred to (b) SENSE OF THE SENATE.—It is the sense charged under this chapter in the case of an the deployment of the first Minuteman mis- of the Senate that— individual who has been paid an educational sile during the Cuban Missile Crisis as his (1) land-based ICBMs have certain charac- assistance allowance under this subsection ‘‘ace in the hole’’. teristics, including responsiveness, persist- shall be equal to the number (including any (3) The Minuteman III missile entered ence, and dispersal, that enhance strategic fraction) determined by dividing the total service in 1970 and is still deployed in 2019, stability and magnify the deterrent value of amount of such educational assistance allow- well beyond its originally intended service the air and sea-based legs of the nuclear ance paid the individual by the full-time life. triad of the United States; monthly institutional rate of educational as- (4) The ICBM force of the United States (2) ICBMs have played and continue to play sistance which such individual would other- peaked at more than 1,200 deployed missiles a role in deterring attacks on the United wise be paid under subparagraph (A), (B), (C), during the Cold War. States and its allies; or (D) of subsection (b)(1), subsection (d), (5) The ICBM force of the United States (3) while arms control agreements have re- subsection (e), or subsection (f), as the case currently consists of approximately 400 Min- duced the size of the ICBM force of the may be.’’. uteman III missiles deployed across 450 oper- United States, adversaries of the United (b) CONFORMING AMENDMENTS.—Section ational missile silos, each carrying a single States continue to enhance, enlarge, and 2007(d) of such title is amended— warhead. modernize their ICBM forces; (1) in paragraph (1), by inserting ‘‘or chap- (6) The Russian Federation currently de- (4) the modernization of the ICBM force of ter 1606 of this title’’ after ‘‘of title 38’’; and ploys at least 300 ICBMs with multiple war- the United States through the ground-based (2) in paragraph (2), by inserting ‘‘, in the heads loaded on each missile and has an- strategic deterrent program should be sup- case of educational assistance under chapter nounced plans to replace its Soviet-era sys- ported; 30 of such title, and section 16131(k), in the tems with modernized ICBMs. (5) ICBMs have the lowest operation, main- case of educational assistance under chapter (7) The People’s Republic of China cur- tenance, and modernization costs of any part 1606 of this title’’ before the period at the rently deploys at least 75 ICBMs and plans to of the nuclear deterrent of the United end. grow its ICBM force through the deployment States; and of modernized, road-mobile ICBMs that carry (6) efforts to unilaterally reduce the size of SA 344. Mr. HOEVEN submitted an multiple warheads. the ICBM force of the United States or delay amendment intended to be proposed by (8) The Russian Federation and the Peo- the implementation of the ground-based him to the bill S. 1790, to authorize ap- ple’s Republic of China deploy nuclear weap- strategic deterrent program, which would de- propriations for fiscal year 2020 for ons across a variety of platforms in addition grade the deterrent capabilities of a fully to their ICBM forces. operational and modernized nuclear triad, military activities of the Department (9) Numerous countries possess or are seek- should be opposed. of Defense, for military construction, ing to develop nuclear weapons capabilities and for defense activities of the De- that pose challenges to the nuclear deter- SA 346. Mr. HOEVEN submitted an partment of Energy, to prescribe mili- rence of the United States. amendment intended to be proposed by

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.078 S12JNPT1 S3418 CONGRESSIONAL RECORD — SENATE June 12, 2019 him to the bill S. 1790, to authorize ap- view of the research of the Joint Improvised- SEC. lll. AUTHORIZING USE OF ALL-VOLUN- propriations for fiscal year 2020 for Threat Defeat Organization to identify infor- TEER FORCE EDUCATIONAL ASSIST- mation that may be released to United ANCE FOR PRIVATE PILOT’S LI- military activities of the Department CENSES. of Defense, for military construction, States humanitarian demining organizations for the purpose of improving the efficiency Section 3034(d) of title 38, United States and for defense activities of the De- and effectiveness of humanitarian demining Code, is amended in paragraph (2), by strik- partment of Energy, to prescribe mili- efforts. ing ‘‘the individual’’ and all that follows through ‘‘training,’’ and inserting ‘‘on the tary personnel strengths for such fiscal (b) RELEASE OF INFORMATION TO HUMANI- year, and for other purposes; which was day the individual begins a course of flight TARIAN DEMINING ORGANIZATIONS.—The Sec- training, the individual possesses’’. ordered to lie on the table; as follows: retary shall release to United States human- lll At the end of subtitle D of title XVI, insert itarian demining organizations research SEC. . AUTHORIZATION FOR LUMP SUM PAY- MENTS OF POST-9/11 EDUCATIONAL the following: identified under subsection (a). ASSISTANCE FOR PURSUIT OF PRO- SEC. 16ll. ANNUAL REPORT ON DEVELOPMENT GRAMS OF EDUCATION CONSISTING OF GROUND-BASED STRATEGIC DE- SA 348. Ms. BALDWIN (for herself OF FLIGHT TRAINING. TERRENT WEAPON. Clause (ii) of section 3313(g)(4)(C) of title and Mr. CORNYN) submitted an amend- (a) REPORT REQUIRED.—Not later than Feb- 38, United States Code, is amended to read as ruary 15, 2020, and annually thereafter until ment intended to be proposed by her to follows: the date on which the ground-based strategic the bill S. 1790, to authorize appropria- ‘‘(ii) Payment of the amount payable under deterrent weapon receives Milestone C ap- tions for fiscal year 2020 for military paragraph (3)(C) for pursuit of a program of proval (as defined in section 2366 of title 10, activities of the Department of De- education may be made— United States Code), the Secretary of the Air fense, for military construction, and ‘‘(I) for the entire quarter, semester, or Force, in coordination with the Adminis- for defense activities of the Depart- term, as applicable, of the program of edu- trator for Nuclear Security and the Chair- cation; or man of the Nuclear Weapons Council, shall ment of Energy, to prescribe military personnel strengths for such fiscal ‘‘(II) in one lump sum at the start of the submit to the congressional defense commit- program of education.’’. tees a report describing the joint develop- year, and for other purposes; which was ment of the ground-based strategic deterrent ordered to lie on the table; as follows: SA 350. Mr. SCOTT of Florida (for weapon, including the missile developed by himself and Mr. COTTON) submitted an the Air Force and the W87–1 warhead modi- At the end of subtitle H of title X, add the fication program conducted by the National following: amendment intended to be proposed by Nuclear Security Administration. SEC. 1086. EXEMPTION FROM CALCULATION OF him to the bill S. 1790, to authorize ap- (b) ELEMENTS.—The report required by sub- MONTHLY INCOME, FOR PURPOSES propriations for fiscal year 2020 for section (a) shall include the following: OF BANKRUPTCY LAWS, CERTAIN military activities of the Department (1) An estimate of the date on which the PAYMENTS FROM THE DEPARTMENT of Defense, for military construction, ground-based strategic deterrent weapon will OF VETERANS AFFAIRS AND THE DE- PARTMENT OF DEFENSE. and for defense activities of the De- reach initial operating capability. partment of Energy, to prescribe mili- (2) A description of any development mile- Section 101(10A) of title 11, United States stones for the missile developed by the Air Code, is amended by striking subparagraph tary personnel strengths for such fiscal Force or the warhead developed by the Na- (B) and inserting the following: year, and for other purposes; which was tional Nuclear Security Administration that ‘‘(B)(i) includes any amount paid by any ordered to lie on the table; as follows: depend on corresponding progress at the entity other than the debtor (or in a joint At the end of subtitle F of title VIII, add other agency. case the debtor and the debtor’s spouse), on the following: a regular basis for the household expenses of (3) A description of coordination efforts be- SEC. 866. REPORT ON CONTRACTS WITH PER- tween the Air Force and the National Nu- the debtor or the debtor’s dependents (and, SONS AND ENTITIES AFFILIATED clear Security Administration during the in a joint case, the debtor’s spouse if not oth- WITH PEOPLE’S REPUBLIC OF year preceding submission of the report. erwise a dependent); and CHINA. (4) A description of any schedule delays ‘‘(ii) excludes— Not later than 180 days after the date of projected by the Air Force or the National ‘‘(I) benefits received under the Social Se- the enactment of this Act, the Secretary of Nuclear Security Administration, including curity Act (42 U.S.C. 301 et seq.); Defense shall submit to the congressional de- delays related to infrastructure capacity and ‘‘(II) payments to victims of war crimes or fense committees a report describing all De- subcomponent production, and the antici- crimes against humanity on account of their partment of Defense contracts with compa- pated effect such delays would have on the status as victims of such crimes; nies, persons, or business entities that are schedule of work of the other agency. ‘‘(III) payments to victims of international owned or operated by, or affiliated with, the (5) Plans to mitigate the effects of any terrorism or domestic terrorism, as those Government of the People’s Republic of delays described in paragraph (4). terms are defined in section 2331 of title 18, China, or with persons holding Chinese citi- (6) A description of any ways, including on account of their status as victims of such zenship. through the availability of additional fund- terrorism; and ing or authorities, in which the development ‘‘(IV) any monthly compensation, pension, SA 351. Mr. SCHUMER (for himself milestones described in paragraph (2) or the pay, annuity, or allowance paid under title and Mrs. GILLIBRAND) submitted an estimated date of initial operating capa- 10, 37, or 38 in connection with a disability, amendment intended to be proposed by combat-related injury or disability, or death bility referred to in paragraph (1) could be him to the bill S. 1790, to authorize ap- achieved more quickly. of a member of the uniformed services, ex- (c) FORM.—The report required by sub- cept that any retired pay excluded under this propriations for fiscal year 2020 for section (a) shall be submitted in unclassified subclause shall include retired pay paid military activities of the Department form, but may include a classified annex. under chapter 61 of title 10 only to the extent of Defense, for military construction, that such retired pay exceeds the amount of and for defense activities of the De- SA 347. Ms. BALDWIN submitted an retired pay to which the debtor would other- partment of Energy, to prescribe mili- amendment intended to be proposed by wise be entitled if retired under any provi- tary personnel strengths for such fiscal her to the bill S. 1790, to authorize ap- sion of title 10 other than chapter 61 of that year, and for other purposes; which was title.’’. propriations for fiscal year 2020 for ordered to lie on the table; as follows: military activities of the Department At the end of subtitle H of title X, add the of Defense, for military construction, SA 349. Ms. BALDWIN (for herself following: and for defense activities of the De- and Mr. HOEVEN) submitted an amend- SEC. 10llll. FUNDING LIMITATION FOR THE partment of Energy, to prescribe mili- ment intended to be proposed by her to ERIE CANALWAY NATIONAL HERIT- tary personnel strengths for such fiscal the bill S. 1790, to authorize appropria- AGE CORRIDOR. year, and for other purposes; which was tions for fiscal year 2020 for military Section 810(a)(1) of the Erie Canalway Na- ordered to lie on the table; as follows: activities of the Department of De- tional Heritage Corridor Act (Public Law 106–554; 114 Stat. 2763A–303; 131 Stat. 461) is At the end of title XV, add the following: fense, for military construction, and amended, in the second sentence, by striking Subtitle C—Other Matters for defense activities of the Depart- ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’. SEC. 1531. REVIEW OF JOINT IMPROVISED- ment of Energy, to prescribe military THREAT DEFEAT ORGANIZATION RE- personnel strengths for such fiscal SA 352. Mr. HEINRICH (for himself, SEARCH RELATING TO HUMANI- year, and for other purposes; which was Mr. PORTMAN, and Mr. SCHATZ) sub- TARIAN DEMINING EFFORTS. ordered to lie on the table; as follows: (a) IN GENERAL.—Not later than 180 days mitted an amendment intended to be after the date of the enactment of this Act, At the appropriate place in title X, insert proposed by him to the bill S. 1790, to the Secretary of Defense shall conduct a re- the following: authorize appropriations for fiscal year

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.078 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3419 2020 for military activities of the De- (9) MACHINE LEARNING.—The term ‘‘ma- development of artificial intelligence among partment of Defense, for military con- chine learning’’ means a subfield of artificial government agencies, Federal and national struction, and for defense activities of intelligence that is characterized by giving laboratories, nonprofit organizations, insti- the Department of Energy, to prescribe computers the autonomous ability to pro- tutions of higher education, and industry; military personnel strengths for such gressively optimize performance of a specific (5) leverage existing Federal research in- task based on data without being explicitly vestments, and partner with industry and in- fiscal year, and for other purposes; programmed. stitutions of higher education to leverage which was ordered to lie on the table; (10) MINORITY-SERVING INSTITUTION.—The knowledge and resources, to advance objec- as follows: term ‘‘minority-serving institution’’ means tives and priorities of the Initiative; At the end of division A, add the following: any of the following: (6) strengthen research, development, dem- TITLE XVII—ARTIFICIAL INTELLIGENCE (A) A Hispanic-serving institution (as de- onstration, and applications in science and SEC. 1701. SHORT TITLE. fined in section 502(a) of the Higher Edu- technology with respect to artificial intel- This title may be cited as the ‘‘Artificial cation Act of 1965 (20 U.S.C. 1101a(a))). ligence by— Intelligence Initiative Act’’ or ‘‘AI–IA’’. (B) A Tribal College or University (as de- (A) addressing gaps in basic research SEC. 1702. SENSE OF CONGRESS. fined in section 316(b) of the Higher Edu- knowledge with respect to artificial intel- It is the sense of Congress that— cation Act of 1965 (20 U.S.C. 1059c(b))). ligence through research; (1) there is a need for a National Artificial (C) An Alaska Native-serving institution (B) promoting the further development of Intelligence Initiative, including a com- (as defined in section 317(b) of the Higher facilities and centers available for research, prehensive strategy for and coordination Education Act of 1965 (20 U.S.C. 1059d(b))). testing, and education in science and tech- across agencies on research and development (D) A Native Hawaiian-serving institution nology with respect to artificial intelligence; on artificial intelligence; (as defined in section 317(b) of the Higher (C) stimulating research on, and promoting (2) there are currently several interagency Education Act of 1965 (20 U.S.C. 1059d(b))). more rapid development and commercializa- committees working on related tasks with (E) A Predominantly Black Institution (as tion of, artificial intelligence-based tech- respect to artificial intelligence; and defined in section 318(b) of the Higher Edu- nologies; (3) the reporting structure of such commit- cation Act of 1965 (20 U.S.C. 1059e(b))). (D) promoting research into the effects of tees could be simplified to address efficiently (F) A Native American-serving nontribal artificial intelligence and applications of ar- the goals of an initiative described in para- institution (as defined in section 319(b) of the tificial intelligence on society, the work- graph (1). Higher Education Act of 1965 (20 U.S.C. force and workplace, and individuals, includ- SEC. 1703. DEFINITIONS. 1059f(b))). ing those from underrepresented commu- In this title: (G) An Asian American and Native Amer- nities; (1) ARTIFICIAL INTELLIGENCE.—The term ican Pacific Islander-serving institution (as (E) promoting data and model sharing ‘‘artificial intelligence’’ includes the fol- defined in section 320(b) of the Higher Edu- among the Federal government, academic re- lowing: cation Act of 1965 (20 U.S.C. 1059g(b))). searchers, the private sector, and other prac- (A) Any artificial system that performs Subtitle A—National Artificial Intelligence titioners of artificial intelligence; tasks under varying and unpredictable cir- Research and Development Initiative (F) identifying and minimizing inappro- priate bias in data sets, algorithms, and cumstances without significant human over- SEC. 1711. NATIONAL ARTIFICIAL INTELLIGENCE sight, or that can learn from experience and RESEARCH AND DEVELOPMENT INI- other aspects of artificial intelligence; and improve performance when exposed to data TIATIVE. (G) supporting efforts to create metrics to sets. The President shall establish and imple- assess safety, security, and reliability of ap- (B) An artificial system developed in com- ment an initiative with respect to artificial plications of science and technology with re- puter software, physical hardware, or other intelligence to be known as the ‘‘National spect to artificial intelligence; and context that solves tasks requiring human- Artificial Intelligence Research and Develop- (7) ensure that research, development, like perception, cognition, planning, learn- ment Initiative’’. In carrying out the Initia- demonstration, and applications efforts with ing, communication, or physical action. tive, the President shall, acting through ap- respect to artificial intelligence create meas- (C) An artificial system designed to think propriate Federal entities, including the urable benefits for all individuals in the or act like a human, including cognitive ar- Networking and Information Technology Re- United States, including members of dis- chitectures and neural networks. search and Development Program— advantaged and underrepresented groups. (D) A set of techniques, including machine (1) establish objectives, priorities, and SEC. 1712. NATIONAL ARTIFICIAL INTELLIGENCE learning, that is designed to approximate a metrics for strategic plans under section COORDINATION OFFICE. cognitive task. 1713(d) to accelerate development of science (a) IN GENERAL.—The Director of the Office (E) An artificial system designed to act ra- and technology applications for artificial in- of Science and Technology Policy, in con- tionally, including an intelligent software telligence in the United States; sultation with the Director of the National agent or embodied robot that achieves goals (2) invest in research, development, dem- Science Foundation, the Secretary of En- using perception, planning, reasoning, learn- onstration, application to analysis and mod- ergy, and the Secretary of Commerce, shall ing, communicating, decision making, and eling, and other activities with respect to establish or designate, and appoint a director acting. science and technology in artificial intel- of, an office to be known as the ‘‘National (2) ADVISORY COMMITTEE.—The term ‘‘Advi- ligence; Artificial Intelligence Coordination Office’’ sory Committee’’ means the advisory com- (3) support the development of a workforce (in this section referred to as the ‘‘Office’’). mittee established or designated under sec- pipeline for science and technology with re- (b) DUTIES.—The Office shall— tion 1714. spect to artificial intelligence by making (1) provide technical and administrative (3) EMERGING RESEARCH INSTITUTION.—The strategic investments to— support to the Advisory Committee; term ‘‘emerging research institution’’ means (A) expand the number of researchers, edu- (2) serve as the point of contact on Federal an institution of higher education that— cators, and students with training in science artificial intelligence activities for govern- (A) receives less than $20,000,000 in Federal and technology in artificial intelligence; ment organizations, academia, industry, pro- research funding annually; and (B) increase the number of skilled and fessional societies, State artificial intel- (B) may grant a doctoral degree. trained workers from underrepresented com- ligence programs, interested citizen groups, (4) INDUSTRY.—The term ‘‘industry’’ means munities who can contribute to the develop- and others to exchange technical and pro- entities in industries relevant to artificial ment of artificial intelligence and artificial grammatic information; intelligence. intelligence technology, diversify the artifi- (3) conduct public outreach, including dis- (5) INITIATIVE.—The term ‘‘Initiative’’ cial intelligence workforce, and expand the semination of findings and recommendations means the National Artificial Intelligence artificial intelligence workforce pipeline; of the Advisory Committee (as appropriate); Research and Development Initiative estab- (C) promote the development and inclusion and lished under section 1711. of multidisciplinary curricula and research (4) promote access to and development of (6) INSTITUTIONS OF HIGHER EDUCATION.— opportunities for science and engineering early applications of the technologies, inno- The term ‘‘institutions of higher education’’ with respect to artificial intelligence, in- vations, and expertise that benefit the public has the meaning given the term in section cluding advanced technological education, derived from Initiative activities to agency 101 of the Higher Education Act of 1965 (20 during the primary, secondary, under- missions and systems across the Federal U.S.C. 1001). graduate, graduate, postdoctoral, adult Government, and to United States industry, (7) INTERAGENCY COMMITTEE.—The term learning, and career retraining stages of edu- including startup companies. ‘‘Interagency Committee’’ means the inter- cation; and (c) FUNDING.—The Office shall be funded agency committee established or designated (D) equip workers with the knowledge and through interagency funding. under section 1713. skill sets required to operate effectively in (d) REPORT.—Not later than 90 days after (8) K–12 EDUCATION.—The term ‘‘K–12 edu- occupations and workplaces that will be in- the date of the enactment of this Act, the cation’’ means elementary school and sec- creasingly influenced by artificial intel- Director of the Office of Science and Tech- ondary education, as such terms are defined ligence; nology Policy shall submit to the Committee in section 8101 of the Elementary and Sec- (4) facilitate coordination of efforts and on Commerce, Science, and Transportation ondary Education Act of 1965 (20 U.S.C. 7801). collaboration with respect to research and of the Senate and the Committee on Science,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.080 S12JNPT1 S3420 CONGRESSIONAL RECORD — SENATE June 12, 2019 Space, and Technology of the House of Rep- known as the ‘‘National Artificial Intel- SEC. 1715. STUDY ON THE ARTIFICIAL INTEL- resentatives a report on funding for the Na- ligence Advisory Committee’’. LIGENCE WORKFORCE. tional Artificial Intelligence Coordination (b) QUALIFICATION OF MEMBERS.— (a) IN GENERAL.—Not later than 60 days Office. The report shall include— (1) IN GENERAL.—The Director of the Na- after the date of the enactment of this Act, (1) the amount of funding required to ade- tional Science Foundation, in consultation the National Artificial Intelligence Coordi- quately fund the Office; with the Director of the Office of Science and nation Office shall seek to enter into a con- (2) the adequacy of existing mechanisms to Technology Policy, shall appoint as mem- tract with a federally funded research and fund the Office; and bers of the Advisory Committee individual development center for a study on the mech- (3) the actions taken by the director of the who are qualified to provide advice and in- anisms that produce or contribute to the Office to ensure stable funding for the Office. formation on research, development, dem- workforce in artificial intelligence (includ- SEC. 1713. INTERAGENCY COMMITTEE ON ARTIFI- onstrations, education, infrastructure, tech- ing researchers and specialists in artificial CIAL INTELLIGENCE. nology transfer, commercial applications, intelligence and users of artificial intel- (a) IN GENERAL.—The Director of the Office and concerns of a national security, social, ligence) in order to identify and develop ac- of Science and Technology Policy shall es- or economic nature with respect to artificial tions to ensure an appropriate increase in tablish or designate an interagency com- intelligence and artificial intelligence tech- the size, quality, and diversity of the work- mittee to be known as the ‘‘Interagency nology. The Director shall seek public input, force. Committee on Artificial Intelligence’’. and individuals so appointed shall collec- (b) COLLABORATION IN STUDY.—The con- (b) COMPOSITION; CHAIRS.— tively have expertise on a wide range of de- tract referred to in subsection (a) shall re- (1) COMPOSITION.—The Interagency Com- fense and non-defense artificial intelligence quire the federally funded research and de- mittee shall be comprised of representatives matters. velopment center entering into the contract from the following, as detailed to the Inter- (2) LIMITATION.—Not more than half of the to do the following: agency Committee by the head of the agency members of the Advisory Committee may be (1) Collaborate with the Secretary of Com- concerned: representatives of the artificial intelligence merce, the Commissioner of Labor Statis- (A) The National Institute of Standards industry. tics, and the Director of the Census in devel- and Technology. (c) DUTIES.—The Advisory Committee shall oping a comprehensive and detailed under- (B) The National Science Foundation. advise the Director of the Office of Science standing of the workforce needs of and em- (C) The Department of Energy. and Technology Policy and the Interagency ployment opportunities in the artificial in- (D) The National Aeronautics and Space Committee on Artificial Intelligence under telligence field, by State and by region. Administration. section 1713 on matters relating to the Ini- (2) Collaborate in carrying out the study (E) The Department of Defense. tiative, including assessing— with educational institutions, State and (F) The Office of the Director of National (1) trends and developments in artificial local workforce development boards, non- Intelligence. intelligence, including the current and near profit organizations, labor organizations, ap- (G) The Office of Management and Budget. future state of artificial intelligence systems prenticeship programs, industry, and other (H) The Office of Science and Technology and forecasting; entities in the artificial intelligence field. Policy. (2) progress made in implementing the Ini- (3) Collaborate with minority-serving in- (I) The National Institutes of Health. tiative; stitutions in order to facilitate the sharing (J) Any other Federal agency the Director (3) the need to revise the Initiative; of best practices and approaches for increas- of the Office of Science and Technology Pol- (4) balance among the components of the ing and retaining underrepresented popu- icy considers appropriate. Initiative, including funding levels for com- lations in the artificial intelligence field. (2) CO-CHAIRS.—The Interagency Com- ponent areas of the Initiative; (4) Facilitate the sharing of best practices mittee shall be co-chaired by the following: (5) whether the component areas, prior- and approaches for the development and (A) The Secretary of Energy. ities, and technical goals of the Initiative sustainment of the workforce in artificial in- (B) The Director of the Office of Science are helping to maintain United States lead- telligence that are identified or developed and Technology Policy. ership in artificial intelligence and artificial through the study among— (C) The Director of the National Institute intelligence technology; (A) entities in the artificial intelligence of Standards and Technology. (6) the management, coordination, imple- field, State and local workforce development (D) The Director of the National Science mentation, and activities of the Initiative; boards, nonprofit organizations, labor orga- Foundation. and nizations, and apprenticeship programs that (c) DUTIES.—The Interagency Committee (7) whether societal, ethical, legal, envi- provide training programs for employment shall— ronmental, and workforce concerns with re- in the artificial intelligence field; and (1) coordinate, and make recommendations spect to artificial intelligence and artificial (B) educational institutions that seek to for, activities and programs of Federal agen- intelligence technology are adequately ad- establish such training programs. cies on research and education with respect dressed by the Initiative. to artificial intelligence and artificial intel- (c) DEPARTMENT OF LABOR ANNUAL REPORT ligence technology; (d) REPORTS.—Not later than 4 years after ON JOB CREATION.—Ech year while the con- (2) establish objectives and priorities for the date of the most recent assessment under tract referred to in subsection (a) is in force, the Initiative, consistent with the objectives subsection (c), and quadrennially thereafter, the Secretary of Labor shall, using informa- and purposes specified in section 1711, based the Advisory Committee shall submit to the tion derived from the study described in that on identified knowledge and workforce gaps Director of the National Science Foundation, subsection and other appropriate informa- and other national needs; the Committee on Commerce, Science, and tion, issue to the public a report on job cre- (3) assess and recommend Federal infra- Transportation of the Senate, and the Com- ation in the artificial intelligence field dur- structure needs to support the Initiative; mittee on Science, Space, and Technology of ing the preceding year. the House of Representatives a report on its and Subtitle B—National Institute of Standards (4) evaluate opportunities for international assessments under subsection (c) and its rec- ommendations for ways to improve the Ini- and Technology Artificial Intelligence Ac- cooperation with strategic allies on research tivities and development with respect to artificial tiative. intelligence and artificial intelligence tech- (e) TRAVEL EXPENSES OF NON-FEDERAL SEC. 1721. NATIONAL INSTITUTE OF STANDARDS nology. MEMBERS.—Non-Federal members of the Ad- AND TECHNOLOGY ACTIVITIES ON (d) STRATEGIC PLAN.—Not later than 1 year visory Committee, while attending meetings ARTIFICIAL INTELLIGENCE. after the date of the enactment of this Act, of the Advisory Committee or while other- (a) IN GENERAL.—As part of the Initiative, the Interagency Committee shall develop a wise serving at the request of the head of the the Director of the National Institute of 5-year strategic plan, and 6 years after en- Advisory Committee away from their homes Standards and Technology (in this section actment of this Act develop an additional 5- or regular places of business, may be allowed referred to as the ‘‘Director’’) shall— year strategic plan, with periodic updates (as travel expenses, including per diem in lieu of (1) support the development of measure- appropriate), to guide the activities of the subsistence, as authorized by section 5703 of ments and standards necessary to advance Initiative, meet Initiative goals and prior- title 5, United States Code, for individuals in commercial development of artificial intel- ities, and anticipate outcomes at partici- the government serving without pay. Noth- ligence applications, including by— pating agencies. In carrying out this sub- ing in this subsection shall be construed to (A) developing measurements and stand- section, the Interagency Committee should prohibit members of the Advisory Com- ards; take into consideration reports from the Ad- mittee who are officers or employees of the (B) supporting efforts to develop measure- visory Committee. United States from being allowed travel ex- ments and consensus standards by standards SEC. 1714. NATIONAL ARTIFICIAL INTELLIGENCE penses, including per diem in lieu of subsist- development organizations; and ADVISORY COMMITTEE. ence, in accordance with existing law. (C) modernizing the infrastructure used for (a) IN GENERAL.—The Director of the Na- (f) EXEMPTION FROM SUNSET.—Section 14 of benchmarking artificial intelligence tech- tional Science Foundation (in this section the Federal Advisory Committee Act (5 nologies; referred to as the ‘‘Director’’) shall establish U.S.C. App.) shall not apply to the Advisory (2) establishing and supporting collabo- or designate an advisory committee to be Committee. rative ventures or consortia with public or

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.080 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3421 private sector entities, including institu- search and education program on artificial (1) are United States nationals or aliens tions of higher education, National Labora- intelligence and artificial intelligence engi- lawfully admitted for permanent residence tories, and industry for the purpose of ad- neering. in the United States; and vancing fundamental and applied research (b) PROGRAM COMPONENTS.—In carrying out (2) who choose to pursue masters or doc- and development on artificial intelligence; the program required under subsection (a), toral degrees in artificial intelligence or ar- and the Director shall— tificial intelligence engineering. (3) use existing authorities to award con- (1) continue to support interdisciplinary SEC. 1732. MULTIDISCIPLINARY CENTERS FOR tracts as necessary to carry out the Initia- research on, and human resources develop- ARTIFICIAL INTELLIGENCE RE- tive, including cooperative agreements and ment in, all aspects of science and engineer- SEARCH AND EDUCATION. other similar transactions. ing with respect to artificial intelligence, in- (a) IN GENERAL.—The Director of the Na- tional Science Foundation (in this section (b) ARTIFICIAL INTELLIGENCE OUTREACH.— cluding— referred to as the ‘‘Director’’), in consulta- (1) IN GENERAL.—The Director shall con- (A) algorithm accountability; tion with other appropriate Federal agen- duct outreach— (B) minimization of inappropriate bias in cies, shall award grants to eligible entities (A) to receive input from stakeholders on training data sets or algorithmic feature se- the development of a plan to address future to establish up to 5 research and education lection; centers (in this section referred to as ‘‘Cen- measurements and standards related to arti- (C) qualitative and quantitative fore- ters’’) to conduct research and education ac- ficial intelligence; and casting of future capabilities and applica- tivities in support of the Initiative. Each (B) to provide an opportunity for public tions; and Center established pursuant to such a grant comment on any such measurements or (D) societal and ethical implications of ar- shall be known as a ‘‘Multidisciplinary Cen- standards. tificial intelligence; ter for Artificial Intelligence Research and (2) MEETINGS.— (2) use existing authorities and programs Education’’. (A) IN GENERAL.—Not later than 1 year and collaborate with other Federal agen- (b) ELIGIBLE ENTITIES.—For purposes of after the date of the enactment of this Act, cies— this section, an eligible entity is any entity and a periodic basis thereafter, as the Direc- (A) to improve teaching and learning in as follows: tor determines appropriate, the Director science and engineering with respect to arti- (1) An institution of higher education. shall convene 1 or more meetings of stake- ficial intelligence during the primary, sec- (2) A relevant nonprofit organization. holders, including technical expert rep- ondary, undergraduate, graduate, post- (3) A State or local government. resentatives from government organizations, graduate, adult learning, and career retrain- (4) A consortium of entities that consists industry, and institutions of higher edu- ing stages of education; of— cation, to discuss topics described in sub- (B) to increase participation in artificial (A) two or more entities specified in para- paragraph (B). intelligence fields, including by individuals graphs (1) through (3); or (B) TOPICS.—Meetings under subparagraph identified in sections 33 and 34 of the Science (B) at least one entity specified in such (A) may cover topics that the Director deter- and Engineering Equal Opportunities Act (42 paragraphs and a relevant private sector or- mines to be important to the development of U.S.C. 1885a, 1885b); ganization that is not a nonprofit organiza- standards and measurements with respect to (C) to formulate goals for education activi- tion. artificial intelligence, including— ties in engineering and research with respect (c) MINIMUM NUMBER OF GRANTS FOR CER- (i) cybersecurity; to artificial intelligence to be supported by TAIN PURPOSES.— (ii) algorithm accountability; the National Science Foundation related to (1) K–12 EDUCATION.—Not less than 1 grant (iii) algorithm explainability; topics important to the Initiative, includ- under this section must be for a Center with (iv) algorithm trustworthiness; ing— the primary purpose of integrating artificial (v) establishment of a common lexicon for (i) algorithm accountability; intelligence into K–12 education. artificial intelligence; and (ii) algorithm explainability; (2) MINORITY-SERVING INSTITUTION.—Not (vi) resources and methods for (iii) consumer data privacy; less than 1 grant under this section must be benchmarking artificial intelligence tech- (iv) assessment and minimization of inap- for a Center located at a minority-serving in- nologies. propriate bias in training data and output; stitution. (C) PURPOSES.—The purposes of meetings (v) societal and ethical implications of the (d) APPLICATION.—An eligible entity seek- under this paragraph shall be— use of artificial intelligence; ing funding under this section shall submit (i) to assess contemporary research on the (vi) algorithm trustworthiness; and an application to the Director at such time, topics determined by the Director under sub- (vii) algorithmic forecasting; in such manner, and containing such infor- paragraph (B); (D) to engage with institutions of higher mation as the Director may require. The ap- plication shall include— (ii) to evaluate research gaps relating to education, research communities, potential (1) a plan for the proposed Center— such topics; users of information produced under this sec- (A) to work with other research institu- (iii) to provide an opportunity for stake- tion, entities in the private sector, and non- tions, emerging research institutions, and holders to provide recommendations on the Federal entities— industry to leverage expertise in artificial research to be addressed by the National In- (i) to leverage the collective body of intelligence, education and curricula devel- stitute of Standards and Technology and the knowledge from existing research and edu- opment, and technology transfer; Initiative; and cation activities with respect to artificial in- (B) to promote active collaboration among (iv) to coordinate engagement with inter- telligence and artificial intelligence engi- national standards bodies in order to ensure researchers in multiple disciplines and neering; and across multiple institutions involved in arti- United States leadership in the development (ii) to support partnerships among institu- ficial intelligence research including phys- of global technical standards, including witb tions of higher education and industry that ics, engineering, mathematical sciences, respect to artificial intelligence and facilitate collaborative research, personnel computer and information science, biological cybersecurity. exchanges, and workforce development with and cognitive sciences, material science, (3) REPORT TO CONGRESS.—Not later than 2 respect to artificial intelligence and artifi- education, and social and behavioral sciences years after the date of the enactment of this cial intelligence engineering; (such as industrial-organizational psy- Act, the Director shall transmit to the Com- (E) to coordinate research efforts with re- chology); mittee on Commerce, Science, and Transpor- spect to artificial intelligence and artificial (C) to integrate into the activities of such tation of the Senate and the Committee on intelligence engineering funded through ex- Center consideration of the ethics of devel- Science, Space, and Technology of the House isting programs across the directorates of opment, technology usage, and data collec- of Representatives a report summarizing the the National Science Foundation; tion, storage, and sharing (including training results of outreach and meetings conducted (F) to ensure adequate access to research data sets) in connection with artificial intel- under this subsection. and education infrastructure with respect to ligence; (c) AUTHORIZATION OF APPROPRIATIONS.— artificial intelligence and artificial intel- (D) to support long-term and short-term There are authorized to be appropriated for ligence engineering, including through devel- workforce development in artificial intel- each of fiscal years 2020 through 2024, opment of hardware and facilitation of the ligence, including broadening participation $40,000,000 to carry out this section. use of computing resources, including cloud- of underrepresented communities; and Subtitle C—National Science Foundation and based computing services; and (E) to support an innovation ecosystem to Multidisciplinary Centers for Artificial In- (G) to increase participation rates in re- work with industry to translate Center re- telligence Research and Education search and education on artificial intel- search into applications and products; and ligence among underrepresented commu- SEC. 1731. RESEARCH AND EDUCATION PROGRAM (2) a description of the anticipated long- ON ARTIFICIAL INTELLIGENCE AND nities by engaging with minority-serving in- term impact of such Center beyond the ter- ARTIFICIAL INTELLIGENCE ENGI- stitutions. mination of support under this section. NEERING. (c) GRADUATE TRAINEESHIPS.—In carrying (e) SELECTION AND DURATION.— (a) IN GENERAL.—As part of the Initiative, out the program required under subsection (1) IN GENERAL.—A Center established the Director of the National Science Founda- (a), the Director may provide traineeships to using a grant under this section may receive tion (in this section referred to as the ‘‘Di- graduate students at institutions of higher funding under this section for a period of 5 rector’’) shall establish and implement a re- education who— years.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.080 S12JNPT1 S3422 CONGRESSIONAL RECORD — SENATE June 12, 2019

(2) EXTENSION.—Such a Center may apply oratory of the National Nuclear Security Ad- settlement of the Department of Health and for, and the Director may grant, an exten- ministration. Human Services went into effect to allow for sion of a grant under this section for an addi- (3) PURPOSES.—The purposes of the Centers intergovernmental sharing of personal infor- tional 5-year period. established under this subsection are— mation about unaccompanied alien children, (3) TERMINATION.—The Director may termi- (A) to serve the needs of the Department their prospective sponsors, and adult mem- nate for cause funding under this section for and such academic, educational, and private bers of sponsor households. a Center that underperforms. sector entities as the Secretary considers ap- (2) U.S. Immigration and Customs Enforce- (f) FUNDING.—During each of fiscal years propriate; ment is using information obtained under 2020 through 2024, the amount provided each (B) to advance research and education in the Memorandum of Agreement to conduct fiscal year for a Center established pursuant artificial intelligence and facilitate improve- civil immigration enforcement actions to this section through a grant under this ment in the competitiveness of the United against individuals residing in the homes of section shall be $20,000,000. States; and prospective sponsors of unaccompanied alien Subtitle D—Department of Energy Artificial (C) to provide access to computing re- children. Intelligence Research and Development sources to promote scientific progress and (3) These civil immigration enforcement Program enable users from institutions of higher edu- actions have discouraged prospective spon- cation, educational institutions, the Na- sors of unaccompanied alien children, includ- SEC. 1741. RESEARCH AND DEVELOPMENT PRO- GRAM ON ARTIFICIAL INTEL- tional Laboratories, and industry— ing family members, from coming forward to LIGENCE. (i) to make scientific discoveries relevant resettle children in the community as they (a) PROGRAM REQUIRED.—As a part of the to research in artificial intelligence; pursue lawful claims for humanitarian pro- Initiative, the Secretary of Energy (in this (ii) to conduct research to accelerate sci- tection. section referred to as the ‘‘Secretary’’) shall entific breakthroughs in science and tech- (4) As a result of the lack of qualified spon- carry out a research and development pro- nology with respect to artificial intelligence; sors, unprecedented numbers of unaccom- gram on artificial intelligence. (iii) to support research conducted under panied alien children (approximately 14,600 (b) COMPONENTS.—In carrying out the pro- this section; and in December 2018) are being held in shelters gram required under subsection (a), the Sec- (iv) to increase the distribution of research overseen by the Office of Refugee Resettle- retary shall— infrastructure and broaden the spectrum of ment as of the date of enactment of this Act. (1) formulate objectives for research on ar- students exposed to research in artificial in- (5) The Office of Refugee Resettlement is tificial intelligence to be supported by the telligence at institutions of higher education struggling to accommodate the growing Department of Energy that are consistent (including emerging research institutions). number of unaccompanied alien children in with the Initiative; (4) COORDINATION.—The Secretary shall en- its shelter network, resorting to placing (2) leverage the collective body of knowl- sure the coordination of, and avoid unneces- children in temporary ‘‘emergency influx’’ edge from existing research on artificial in- sary duplication of, the activities of each shelters. The Office contracted with BCFS to telligence; Center with the activities of— care for more than 6,200 children between (3) coordinate research efforts on artificial (A) other research entities of the Depart- June 2018 and January 2019 in a temporary intelligence that are funded through existing ment, including the Nanoscale Science Re- shelter at the Tornillo-Guadalupe Land Port programs across the Department; search Centers, the Energy Frontier Re- of Entry in Texas, a facility that the New (4) engage with other Federal agencies, re- search Centers, and the Energy Innovation York Times and other media sources de- search communities, and potential users of Hubs; and scribed as a ‘‘tent city’’, and announced information produced under this section; (B) industry. plans in January 2019 to nearly double the (5) build, maintain, and, to the extent prac- (5) DURATION.— number of children held in a previously ticable, make available for use by academic, (A) IN GENERAL.—Any center selected and closed temporary shelter in Homestead, government, and private sector researchers established under this section is authorized Florida. the computing hardware and software nec- to carry out activities for a period of 5 years. (6) Temporary shelters are inappropriate essary to carry out the program; and (B) EXTENSION.—Such a Center may apply locations to hold unaccompanied alien chil- (6) establish and maintain on an Internet for, and the Director may grant, an exten- dren because such shelters— website of the Department available to the sion of a grant under this section for an addi- (A) have reduced standards of care, includ- public a resource center that— tional 5-year period. ing insufficient educational services; (A) provides current information and re- (C) TERMINATION.—Consistent with existing (B) offer limited access to clinical and sources on training programs for employ- authorities of the Department, the Secretary legal services; and ment in artificial intelligence; and may terminate for cause a Center that (C) are not cost-effective, resulting in the (B) otherwise serves as a resource for edu- underperforms during the performance pe- expenditure of more than $750 per day in tax- cational institutions, State and local work- riod. payer funds for each child housed in Tornillo force development boards, nonprofit organi- (d) AUTHORIZATION OF APPROPRIATIONS.— shelter, for example. zations, and apprenticeship programs seek- There are authorized to be appropriated for (7) Facilities operated under a contract ing to develop and implement training pro- each of fiscal years 2020 through 2024 for the with the Office of Refugee Resettlement grams for employment in artificial intel- Department of Energy, $300,000,000 to be have faced unacceptable allegations of abuse ligence. available for the Department to carry out and neglect of unaccompanied alien children (c) RESEARCH CENTERS.— this section. that merit additional investigation and over- (1) GRANTS.—In carrying out this section, sight. the Secretary may award grants to eligible SA 353. Ms. HARRIS (for herself and (8) The Office of Refugee Resettlement is entities to establish and operate up to 5 arti- Mr. WYDEN) submitted an amendment legally required to place children in the least ficial intelligence research centers (in this intended to be proposed by her to the restrictive setting that is in the best interest subsection referred to as ‘‘Centers’’) for the bill S. 1790, to authorize appropriations of the child. purposes described in paragraph (3). for fiscal year 2020 for military activi- (9) Services offered at facilities funded by (2) SELECTION.— the Office of Refugee Resettlement are re- ties of the Department of Defense, for quired to include classroom education, men- (A) IN GENERAL.—Except as provided in military construction, and for defense subparagraph (C), grants under this sub- tal and medical health services, case man- section shall be awarded through a competi- activities of the Department of Energy, agement, socialization and recreation activi- tive, merit-reviewed process. to prescribe military personnel ties, and family reunification services that (B) ELIGIBLE ENTITIES.—For purposes of strengths for such fiscal year, and for facilitate the safe and timely release of un- this subsection, an eligible entity is any en- other purposes; which was ordered to accompanied alien children to family mem- tity as follows: lie on the table; as follows: bers or other sponsors that can care for them. (i) An institution of higher education. At the appropriate place, insert the fol- (10) Providing legal and case management (ii) A relevant nonprofit organization. lowing: (iii) A State or local government. services to all children while they are housed Subtitle llProtecting Unaccompanied Alien (iv) A National Laboratory or a federally in a facility funded by the Office of Refugee Children funded research and development center. Resettlement and after their release from (v) A consortium of entities that consists SEC. ll1. SHORT TITLE. such a facility is a cost-effective and humane of— This subtitle may be cited as the ‘‘Fami- way of ensuring that the Office of Refugee (I) two or more entities specified in clauses lies, Not Facilities Act of 2019’’. Resettlement meets its statutory obligation (i) through (iv); or SEC. ll2. FINDINGS. to place children in least restrictive set- (II) at least one entity specified in such Congress makes the following findings: tings. clauses and a relevant private sector organi- (1) On May 13, 2018, a Memorandum of SEC. ll3. USE OF SPONSORSHIP INFORMATION. zation that is not a nonprofit organization. Agreement between U.S. Immigration and (a) IN GENERAL.—Section 235(c)(3) of the (C) NATIONAL SECURITY LABORATORY.—At Customs Enforcement, U.S. Customs and William Wilberforce Trafficking Victims least 1 of the grants under this subsection Border Patrol of the Department of Home- Protection Reauthorization Act of 2008 (8 shall be awarded to a national security lab- land Security, and the Office of Refugee Re- U.S.C. 1232(c)(3)) is amended—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.080 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3423 (1) in subparagraph (A), by inserting ‘‘In (2) allow children to successfully transition visory Committee shall release to the public making such a determination, the Secretary into their communities by— an interim report outlining the Advisory may not consider the immigration status of (A) assisting with school enrollment and Committee’s investigations and rec- the proposed custodian.’’ after ‘‘well-being.’’; acculturation; ommendations regarding Office of Refugee and (B) locating medical and therapeutic serv- Resettlement shelters for unaccompanied (2) by adding at the end the following: ices; alien children and submit such report to— ‘‘(D) PROHIBITING USE OF CERTAIN INFORMA- (C) making referrals to area legal services; (i) the Secretary of Health and Human TION.—The Secretary of Homeland Security and Services; may not use information provided by an un- (D) navigating new family settings and (ii) the Committee on Health, Education, accompanied alien child or information ini- other individual needs. Labor, and Pensions of the Senate; tially obtained by the Secretary of Health (b) REQUIRED SERVICES.—The Office of Ref- (iii) the Committee on Homeland Security and Human Services to make a suitability ugee Resettlement shall— and Governmental Affairs of the Senate; determination under subparagraph (A), a (1) provide post-release case management (iv) the Committee on the Judiciary of the home study determination under subpara- to all children upon release or as the need Senate; graph (B), or a secure facility determination arises for the duration of their immigration (v) the Committee on Energy and Com- under paragraph (2)(A) for the purpose of ap- proceedings; and merce of the House of Representatives; prehending, detaining, or removing from the (2) facilitate efforts to connect every unac- (vi) the Committee on Oversight and Re- United States— companied child, including each child with a form of the House of Representatives; and ‘‘(i) the unaccompanied alien child; sponsor, with legal representation for his or (vii) the Committee on the Judiciary of the ‘‘(ii) the proposed custodian or current cus- her immigration proceedings. House of Representatives. (c) THE OFFICE OF REFUGEE RESETTLEMENT todian; (B) FINAL REPORT.—Not later than 1 year ADVISORY COMMITTEE ON SHELTERS FOR UN- ‘‘(iii) a resident of the home in which the after the establishment of the Advisory Com- ACCOMPANIED ALIEN CHILDREN.— proposed custodian or current custodian re- mittee under paragraph (1), the Advisory (1) ESTABLISHMENT.—The Secretary of sides; Committee shall release to the public, and Health and Human Services, in compliance ‘‘(iv) the proposed sponsor or current spon- submit to the recipients of the interim re- with the Federal Advisory Committee Act (5 sor; or port under subparagraph (A), a final report U.S.C. App.), shall immediately establish the ‘‘(v) a resident of the home in which the that outlines the Advisory Committee’s in- Advisory Committee on Shelters for Unac- proposed sponsor or current sponsor re- companied Alien Children (referred to in this vestigations and recommendations regarding sides.’’. subsection as the ‘‘Advisory Committee’’) to Office of Refugee Resettlement shelters for (b) RULES OF CONSTRUCTION.— advise the Office of Refugee Resettlement on unaccompanied alien children. (1) FLORES SETTLEMENT AGREEMENT.—The matters regarding shelters and placements (6) SAVINGS PROVISION.—Nothing in this amendments made by subsection (a) may not for unaccompanied alien children relating to subsection may be construed to preempt any be construed to supersede the terms of the education, immigration law, physical and Federal agency from investigating allega- stipulated settlement agreement filed on mental health, trauma-informed social work tions of mistreatment and abuse of unaccom- January 17, 1997, in the United States Dis- services, youth shelter management, and im- panied alien children in facilities overseen trict Court for the Central District of Cali- migration detention reform. by the Department of Health and Human fornia in Flores v. Reno, CV 85–4544–RJK, (2) COMPOSITION AND TERM.— Services. (commonly known as the ‘‘Flores settlement (A) APPOINTMENT.—The Secretary shall ap- agreement’’). point 14 individuals to serve on the Advisory SA 354. Mr. HEINRICH submitted an (2) CHILD WELFARE.—The amendments Committee for 2-year terms. amendment intended to be proposed by made by subsection (a) may not be construed (B) PREREQUISITES.— him to the bill S. 1790, to authorize ap- to prevent the Secretary of Homeland Secu- (i) IN GENERAL.—Each member of the Advi- propriations for fiscal year 2020 for rity from using information obtained by the sory Committee shall be employed by a non- military activities of the Department Secretary of Health and Human Services to profit entities in the field of— of Defense, for military construction, investigate or report to the appropriate law (I) education; enforcement agency or child welfare agency and for defense activities of the De- (II) immigration law; partment of Energy, to prescribe mili- instances of trafficking, abuse, or neglect. (III) physical and mental health of children SEC. ll4. LIMITATION ON USE OF FUNDS FOR and youth; tary personnel strengths for such fiscal ENFORCEMENT, DETENTION, AND (IV) trauma-informed child welfare social year, and for other purposes; which was REMOVAL OPERATIONS. work services; ordered to lie on the table; as follows: No Federal funds may be used by U.S. Im- (V) youth shelter management; At the end of subtitle D of title XXX, add migration and Customs Enforcement for any (VI) cultural competency; or the following: enforcement, detention, or removal activity (VII) immigration detention reform. SEC. 3057. USE OF ENERGY EFFICIENCY MEAS- that violates section 235(c)(3) of the William (ii) REPRESENTATION.—At least 2 members URES IN CONSTRUCTION OR REN- Wilberforce Trafficking Victims Protection of the Advisory Committee shall represent OVATION OF A PRIVATIZED MILI- Reauthorization Act of 2008, as amended by each of the fields set forth in clause (i). TARY HOUSING UNITS. section ll3(a). (3) INVESTIGATIVE AUTHORITY.— (a) IN GENERAL.—The Secretary of Defense SEC. ll5. TRANSFER OF U.S. IMMIGRATION AND (A) INSPECTIONS.—Members of the Advisory shall ensure that any construction or ren- CUSTOMS ENFORCEMENT FUNDING. Committee may conduct unannounced in- ovation of a privatized military housing unit Of the amount appropriated for fiscal year spections of all shelters contracted with the after the date of the enactment of this Act 2019 to U.S. Immigration and Customs En- Office of Refugee Resettlement to hold unac- uses energy efficiency measures described in forcement for enforcement and removal op- companied alien children. subsection (b). erations— (B) INFORMATION SHARING.—The Office of (b) ENERGY EFFICIENCY MEASURES DE- (1) $30,000,000 shall be transferred to the Refugee Resettlement shall provide the Ad- SCRIBED.—The energy efficiency measures de- Department of Justice to expand the efforts visory Committee with access to such mate- scribed in this subsection are those devel- of the Federal Bureau of Investigation’s Vio- rials as may be necessary to effectively ad- oped by the Secretary, in consultation with lent Crimes Against Children program to in- vocate for the best interest of children in the the Comptroller General of the United States vestigate criminal networks involved in custody of the Office of Refugee Resettle- and the Secretary of Energy, for purposes of child trafficking; ment, subject to applicable statutes and reg- this section and shall include the following: (2) $180,000,000 shall be transferred to the ulations. (1) Solar and geothermal power. Office of Refugee Resettlement to provide (4) CONSULTATIONS.—The Advisory Com- (2) Double-pane windows. the post-release legal, case management, and mittee shall consult with, and receive rec- (3) Adequate insulation. child advocate services described in section ommendations from— (4) Electric fixtures and appliances that re- ll6; and (A) the American Medical Association; duce energy usage. (3) $10,000,000 shall be transferred to the (B) the American Academy of Pediatrics; (c) CERTIFICATION.—Before using any en- Administration for Children and Families to (C) the National Association of Social ergy efficiency measure under this section, bolster the efforts of the Task Force to Pre- Workers; the Secretary of Defense shall certify to the vent and End Human Trafficking. (D) the American Bar Association Center Committees on Armed Services of the Senate SEC. ll6. ENSURING THE SAFETY OF UNACCOM- on Children and the Law; and the House of Representatives that the PANIED ALIEN CHILDREN. (E) the American Immigration Lawyers measure will have the same lifecycle cost or (a) DEFINED TERM.—In this section, the Association; and a lower lifecycle cost as compared to tradi- term ‘‘post-release case management serv- (F) other medical, child welfare, and legal tional measures. ices’’ means services that— experts. (1) are provided by a social worker, em- (5) REPORTS.— SA 355. Mr. MORAN (for himself and ployed by a nonprofit entity, who meets with (A) INTERIM REPORT.—Not later than 6 Ms. SMITH) submitted an amendment the child individually and with the family to months after the establishment of the Advi- intended to be proposed by him to the develop an individualized service plan; and sory Committee under paragraph (1), the Ad- bill S. 1790, to authorize appropriations

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.082 S12JNPT1 S3424 CONGRESSIONAL RECORD — SENATE June 12, 2019 for fiscal year 2020 for military activi- (D) A description of the reduction in non- or appropriate duty participated in, so long ties of the Department of Defense, for deployability or early return from deploy- as there is at least one such period of in- military construction, and for defense ment of members of the Armed Forces due to struction or appropriate duty in the month. activities of the Department of Energy, musculoskeletal injury as a result of the (2) A statement of the number of members pilot program. of the reserve components who qualify or po- to prescribe military personnel (f) DURATION.—The Secretary shall carry tentially qualify for hazardous duty incen- strengths for such fiscal year, and for out the pilot program under this section for tive pay based on current professions or re- other purposes; which was ordered to a period of not more than three years. quired duties, broken out by hazardous duty lie on the table; as follows: categories set forth in section 351 of title 37, At the end of subtitle B of title VII, add SA 356. Ms. ROSEN submitted an United States Code. the following: amendment intended to be proposed by (3) If the Secretary determines that pay- SEC. 718. PILOT PROGRAM ON INJURY PRE- her to the bill S. 1790, to authorize ap- ment to eligible members of the reserve com- DICTION AND PREVENTION TO EN- propriations for fiscal year 2020 for ponents of any special or incentive pay for HANCE COMBAT READINESS. military activities of the Department members of the Armed Forces that is not (a) PURPOSE.—The purpose of this section currently payable to members of the reserve is— of Defense, for military construction, components is feasable and advisable, such (1) to increase deployment readiness and and for defense activities of the De- recommendations as the Secretary considers lethality of members of the Armed Forces; partment of Energy, to prescribe mili- appropriate for legislative or administrative (2) to create a more deployable, resilient, tary personnel strengths for such fiscal action to authorize such payment. and sustainable combat force; year, and for other purposes; which was (3) to provide individualized, accurate as- ordered to lie on the table; as follows: SA 358. Mr. MANCHIN (for himself sessments with actionable metrics regarding At the end of subtitle C of title II, add the and Mr. BLUNT) submitted an amend- the physical condition of each member of the following: Armed Forces; and ment intended to be proposed by him (4) to determine the feasibility and advis- SEC. lll. PILOT PROGRAM ON IMPLEMENTING to the bill S. 1790, to authorize appro- ability of developing a customized fitness TRANSPORT ACCESS CONTROL CA- priations for fiscal year 2020 for mili- PABILITY. program for each such member to minimize tary activities of the Department of (a) ADDITIONAL FUNDING.—The amount au- musculoskeletal injuries in garrison and on thorized to be appropriated for fiscal year Defense, for military construction, and deployment. 2020 by section 201 for research, development, for defense activities of the Depart- (b) PILOT PROGRAM.—Not later than 180 ment of Energy, to prescribe military days after the date of the enactment of this test, and evaluation is hereby increased by Act, the Secretary of Defense shall carry out $3,500,000, with the amount of the increase to personnel strengths for such fiscal a pilot program to predict and prevent mus- be available for the Cyber Operations Tech- year, and for other purposes; which was culoskeletal injuries in members of the nology Development (PE 0306250F). ordered to lie on the table; as follows: Armed Forces. (b) AVAILABILITY.—The amount available under subsection (a) shall be available for At the end of subtitle H of title X, add the (c) PARTICIPATION.—The Secretary shall following: carry out the pilot program under this sec- the United States Cyber Command to carry tion at not fewer than five military installa- out a pilot program to assess the feasibility SEC. 1086. SILVER STAR SERVICE BANNER DAY. tions that serve as readiness training plat- and advisability of implementing a Trans- (a) FINDINGS.—Congress finds the fol- forms in order to evaluate different musculo- port Access Control capability that uses lowing: skeletal injury risk profiles and training identity and noninteractive authentication (1) Congress is committed to honoring the interventions based on the particular re- at the first packet of transmission control sacrifices of wounded and ill members of the quirements and tactical personnel needs of protocol or Internet Protocol request to vali- Armed Forces. the military departments. date machine-to-machine communications (2) The Silver Star Service Banner recog- (d) COMPONENTS.—In carrying out the pilot hosted by cloud providers. nizes the members of the Armed Forces and program under this section, the Secretary veterans who were wounded or became ill shall do the following: SA 357. Mr. MANCHIN (for himself while serving in combat for the United (1) Identify musculoskeletal injury risk for and Ms. DUCKWORTH) submitted an States. members of the Armed Forces using inte- amendment intended to be proposed by (3) The sacrifices made by members of the grated objective assessments in basic and ad- him to the bill S. 1790, to authorize ap- Armed Forces and veterans on behalf of the vanced training for such members. propriations for fiscal year 2020 for United States should never be forgotten. (2) Generate automated reports and person- military activities of the Department (4) May 1 is an appropriate date to des- alized programs to educate members of the ignate as ‘‘Silver Star Service Banner Day’’. of Defense, for military construction, Armed Forces on proper initiatives to mini- (b) DESIGNATION.— mize injury risk. and for defense activities of the De- (1) IN GENERAL.—Chapter 1 of title 36, (3) Notify human performance and medical partment of Energy, to prescribe mili- United States Code, is amended by adding at staff of the Department when the musculo- tary personnel strengths for such fiscal the end the following: skeletal injury risk of a member of the year, and for other purposes; which was ‘‘§ 146. Silver Star Service Banner Day Armed Forces increases. ordered to lie on the table; as follows: (4) Provide monitoring of members of the ‘‘(a) DESIGNATION.—May 1 is Silver Star At the end of subtitle A of title VI, add the Armed Forces who are undergoing or have Service Banner Day. following: undergone assessments under paragraph (1) ‘‘(b) PROCLAMATION.—The President is re- to track the progress and readiness of such SEC. 602. REPORT ON EXTENSION TO MEMBERS quested to issue each year a proclamation OF THE RESERVE COMPONENTS OF members. calling on the people of the United States to THE ARMED FORCES OF SPECIAL observe Silver Star Service Banner Day with (e) REPORT.— AND INCENTIVE PAYS FOR MEM- (1) IN GENERAL.—Not later than 180 days BERS OF THE ARMED FORCES NOT appropriate programs, ceremonies, and ac- before the completion of the pilot program CURRENTLY PAYABLE TO MEMBERS tivities.’’. under this section, the Secretary of Defense OF THE RESERVE COMPONENTS. (2) CLERICAL AMENDMENT.—The table of shall submit to the Committee on Armed (a) REPORT REQUIRED.—Not later than one sections at the beginning of chapter 1 of such Services of the Senate and the House of Rep- year after the date of the enactment of this title is amended by inserting after the item resentatives a report that describes the con- Act, the Secretary of Defense shall submit to relating to section 145 the following: duct of the pilot program. the congressional defense committees a re- ‘‘146. Silver Star Service Banner Day.’’. (2) ELEMENTS.—The report required by port setting forth the results of a study, con- paragraph (1) shall include the following: ducted by the Secretary for purposes of the SA 359. Mr. MENENDEZ submitted (A) A description of the pilot program, in- report, on the feasability and advisability of an amendment intended to be proposed cluding outcome measures to determine its paying eligible members of the reserve com- effectiveness. ponents of the Armed Forces any special or by him to the bill S. 1790, to authorize (B) A description of the ability of the pilot incentive pay for members of the Armed appropriations for fiscal year 2020 for program— Forces that is not currently payable to mem- military activities of the Department (i) to identify combat readiness and risk bers of the reserve components. of Defense, for military construction, for musculoskeletal injury of members of the (b) ELEMENTS.—The report required by sub- and for defense activities of the De- Armed Forces; and section (a) shall set forth the following: partment of Energy, to prescribe mili- (ii) to address risk reduction via personal- (1) An estimate of the yearly cost of paying tary personnel strengths for such fiscal ized fitness programs. members of the reserve components risk pay (C) A description of the reduction in inju- and flight pay under sections 351, 334 and year, and for other purposes; which was ries to members of the Armed Forces and 334a of title 37, United States Code, at the ordered to lie on the table; as follows: any associated cost savings as a result of the same rate as members on active duty, re- At the appropriate place, insert the fol- pilot program. gardless of number of periods of instruction lowing:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.082 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3425

TITLE ll—EMERGENCY ASSISTANCE (A) are supported by stakeholders in the (2) AID TO VENEZUELANS IN NEIGHBORING FOR VENEZUELA international community that have recog- COUNTRIES.—The aid described in paragraph SEC. ll01. SHORT TITLES. nized the Interim President of Venezuela; (1)(B)— This title may be cited as the ‘‘Venezuela (B) include the input and interests of Ven- (A) may be provided— Emergency Relief, Democracy Assistance, ezuelan civil society; and (i) directly to Venezuelans in neighboring and Development Act of 2019’’ or the (C) represent the best opportunity to reach countries, including countries of the Carib- ‘‘VERDAD Act of 2019’’. a solution to the Venezuelan crisis that in- bean; or cludes— (ii) indirectly through the communities in Subtitle A—Support for the Interim Presi- (i) holding a new presidential election that which the Venezuelans reside; and dent of Venezuela and Recognition of the complies with international standards for a (B) should focus on the most vulnerable Venezuelan National Assembly free, fair, and transparent electoral process; Venezuelans in neighboring countries. SEC. ll11. FINDINGS; SENSE OF CONGRESS IN (ii) ending Nicola´ s Maduro’s usurpation of (c) HUMANITARIAN ASSISTANCE STRATEGY SUPPORT OF THE INTERIM PRESI- presidential authorities; UPDATE.—Not later than 180 days after the DENT OF VENEZUELA. (iii) restoring democracy and the rule of date of the enactment of this Act, the Sec- (a) FINDINGS.—Congress makes the fol- law; retary of State, in coordination with the Ad- lowing findings: (iv) freeing political prisoners; and ministrator of the United States Agency for (1) Venezuela’s electoral event on May 20, (v) facilitating the delivery of humani- International Development, shall submit, to 2018 was characterized by widespread fraud tarian aid; the appropriate congressional committees, and did not comply with international stand- (2) dialogue between the Maduro regime an update to the Venezuela humanitarian as- ards for a free, fair, and transparent elec- and representatives of the political opposi- sistance strategy described in the conference toral process. report accompanying the Consolidated Ap- tion that commenced in October 2017, and (2) Given the fraudulent nature of Ven- propriations Act (Public Law 116–6), to cover were supported by the Governments of Mex- ezuela’s May 20, 2018 electoral event, Nicola´ s a 2-year period and include— ico, of Chile, of Bolivia, and of Nicaragua, Maduro’s tenure as President of Venezuela (1) a description of the United States hu- did not result in an agreement because the ended on January 10, 2019. manitarian assistance provided under this Maduro regime failed to credibly participate (3) The National Assembly of Venezuela ap- section; in the process; and proved a resolution on January 15, 2019 that (2) a description of United States diplo- (3) negotiations between the Maduro re- terminated Nicola´ s Maduro’s authority as matic efforts to ensure support from inter- gime and representatives of the political op- the President of Venezuela. national donors, including regional partners position that commenced in October 2016, (4) On January 23, 2019, the President of the in Latin America and the Caribbean, for the and were supported by the Vatican, did not National Assembly of Venezuela was sworn provision of humanitarian assistance to the result in an agreement because the Maduro in as the Interim President of Venezuela. people of Venezuela; regime failed to credibly participate in the (b) SENSE OF CONGRESS.—It is the sense of (3) the identification of governments that process. Congress— are willing to provide financial and technical (b) POLICY.—It is the policy of the United (1) to support the decisions by the United assistance for the provision of such humani- States to support diplomatic engagement in States Government, more than 50 govern- tarian assistance to the people of Venezuela order to advance a negotiated and peaceful ments around the world, the Organization of and a description of such assistance; and solution to Venezuela’s political, economic, American States, the Inter-American Devel- (4) the identification of the financial and and humanitarian crisis that is described in opment Bank, and the European Parliament technical assistance to be provided by multi- subsection (a)(1). to recognize National Assembly President lateral institutions, including the United Na- Juan Guaido´ as the Interim President of Subtitle B—Humanitarian Relief for tions humanitarian agencies, the Pan Amer- Venezuela; Venezuela ican Health Organization, the Inter-Amer- (2) to encourage the Interim President of SEC. ll21. HUMANITARIAN RELIEF FOR THE ican Development Bank, and the World Venezuela to advance efforts to hold demo- VENEZUELAN PEOPLE. Bank, and a description of such assistance. cratic presidential elections in the shortest (a) SENSE OF CONGRESS.—It is the sense of (d) DIPLOMATIC ENGAGEMENT.—The Sec- possible period; and Congress that— retary of State, in consultation with the Ad- (3) that the Organization of American (1) the United States Government should ministrator of the United States Agency for States, with support from the United States expand efforts to peacefully address Ven- International Development, shall work with Government and partner governments, ezuela’s humanitarian crisis; and relevant foreign governments and multilat- should provide diplomatic, technical, and fi- (2) humanitarian assistance— eral organizations to coordinate a donors nancial support for a new presidential elec- (A) should be targeted toward those most summit and carry out diplomatic engage- tion in Venezuela that complies with inter- in need and delivered through partners that ment to advance the strategy required under subsection (c). national standards for a free, fair, and trans- uphold internationally recognized humani- (e) AUTHORIZATION OF APPROPRIATIONS.— parent electoral process. tarian principles; and (B) should not be passed through the con- There is authorized to be appropriated SEC. ll12. RECOGNITION OF VENEZUELA’S $400,000,000 for fiscal year 2020 to carry out trol or distribution mechanisms of the DEMOCRATICALLY ELECTED NA- the activities set forth in subsection (b). TIONAL ASSEMBLY. Maduro regime. (f) DEFINED TERM.—In this section, the (b) HUMANITARIAN RELIEF.— (a) FINDINGS.—Congress finds that Ven- term ‘‘appropriate congressional commit- ezuela’s unicameral National Assembly con- (1) IN GENERAL.—The Secretary of State, in tees’’ means— vened on January 6, 2016, following demo- coordination with the Administrator of the (1) the Committee on Foreign Relations of cratic elections that were held on December United States Agency for International De- the Senate; 6, 2015. velopment, shall provide— (2) the Committee on Appropriations of the (b) SENSE OF CONGRESS.—It is the sense of (A) humanitarian assistance to individuals Senate; Congress that Venezuela’s democratically and communities in Venezuela, including— (3) the Committee on Foreign Affairs of the elected National Assembly is the only na- (i) public health commodities and services, House of Representatives; and tional level democratic institution remain- including medicines and basic medical sup- (4) the Committee on Appropriations of the ing in the country. plies and equipment; House of Representatives. (c) POLICY.—It is the policy of the United (ii) basic food commodities and nutritional SEC. ll22. SUPPORT FOR EFFORTS AT THE States to recognize the democratically elect- supplements needed to address growing mal- UNITED NATIONS ON THE HUMANI- ed National Assembly of Venezuela as the nutrition and improve food security for the TARIAN CRISIS IN VENEZUELA. only legitimate national legislative body in people of Venezuela, with a specific emphasis (a) SENSE OF CONGRESS.—It is the sense of Venezuela. on the most vulnerable populations; and Congress that the United Nations humani- (d) ASSISTANCE TO VENEZUELA’S NATIONAL (iii) technical assistance to ensure that tarian agencies should conduct and publish ASSEMBLY.—The Secretary of State, in co- health and food commodities are appro- independent assessments of the humani- ordination with the Administrator of the priately selected, procured, targeted, and tarian situation in Venezuela, including— United States Agency for International De- distributed; and (1) the extent and impact of the shortages velopment, shall prioritize efforts to provide (B) Venezuelans and hosting communities, of food, medicine, and medical supplies in technical assistance to support the demo- as appropriate, in neighboring countries with Venezuela; cratically elected National Assembly of Ven- humanitarian aid, such as— (2) basic health indicators in Venezuela, ezuela in accordance with section ll44. (i) urgently needed health and nutritional such as maternal and child mortality rates SEC. ll13. ADVANCING A NEGOTIATED SOLU- assistance, including logistical and technical and the prevalence and treatment of commu- TION TO VENEZUELA’S CRISIS. assistance to hospitals and health centers in nicable diseases; and (a) SENSE OF CONGRESS.—It is the sense of affected communities; (3) the efforts needed to resolve the short- Congress that— (ii) food assistance for vulnerable individ- ages identified in paragraph (1) and to im- (1) direct, credible negotiations led by the uals, including assistance to improve food se- prove the health indicators referred to in Interim President of Venezuela and members curity for affected communities; and paragraph (2). of Venezuela’s democratically elected Na- (iii) hygiene supplies and sanitation serv- (b) UNITED NATIONS RESIDENT COORDI- tional Assembly— ices. NATOR.—The President should instruct the

VerDate Sep 11 2014 06:49 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.083 S12JNPT1 S3426 CONGRESSIONAL RECORD — SENATE June 12, 2019 Permanent Representative to the United Na- sistance in Venezuela and countries hosting cials under the supervision of such Presi- tions to use the voice, vote, and influence of Venezuelan migrants; and dent; the United States at the United Nations to (C) describe how the distribution of hu- (2) is the spouse or child of a foreign person support the efforts of the Resident Coordi- manitarian assistance is being monitored described in paragraph (1); or nator for Venezuela in a manner that— and evaluated, including— (3) is the spouse or child of Venezuelan per- (1) contributes to Venezuela’s long-term (i) the number of beneficiaries receiving son sanctioned under— recovery; and such assistance; (A) section 5(a) of the Venezuela Defense of (2) advances humanitarian efforts in Ven- (ii) an assessment of how humanitarian Human Rights and Civil Society Act of 2014 ezuela and for Venezuelans residing in neigh- and development assistance is benefitting (Public Law 113–278), as amended by section boring countries. Venezuelan migrants inside and outside of ll63 of this Act; SEC. ll23. SANCTIONS EXCEPTIONS FOR HU- the country; and (B) section 804(b) of the Foreign Narcotics MANITARIAN ASSISTANCE. (iii) what additional staff may be nec- Kingpin Designation Act (21 U.S.C. 1903(b)); (a) DEFINITIONS.—In this section: essary to manage such assistance. or (1) AGRICULTURAL COMMODITY.—The term Subtitle C—Addressing Regime Cohesion (C) Executive Orders 13692 (50 U.S.C. 1701 ‘‘agricultural commodity’’ has the meaning note) and 13850. given that term in section 102 of the Agricul- SEC. ll31. CLASSIFIED REPORT ON DECLINING (b) REMOVAL FROM VISA REVOCATION tural Trade Act of 1978 (7 U.S.C. 5602). COHESION INSIDE THE VEN- LIST.—Pursuant to such procedures as the EZUELAN MILITARY AND THE (2) MEDICAL DEVICE.—The term ‘‘medical Secretary of State may establish to imple- MADURO REGIME. device’’ has the meaning given the term ‘‘de- ment this section— (a) REPORTING REQUIREMENT.—Not later vice’’ in section 201 of the Federal Food, (1) if any person described in subsection than 90 days after the date of the enactment Drug, and Cosmetic Act (21 U.S.C. 321). (a)(1) recognizes and pledges support for the of this Act, the Secretary of State, acting (3) MEDICINE.—The term ‘‘medicine’’ has Interim President of Venezuela or a subse- the meaning given the term ‘‘drug’’ in sec- through the Bureau of Intelligence and Re- quent democratically elected government of tion 201 of the Federal Food, Drug, and Cos- search, and in coordination with the Direc- Venezuela, that person and any family mem- metic Act (21 U.S.C. 321). tor of National Intelligence, shall submit a bers of that person who were subject to visa (b) IN GENERAL.—Any transaction, not oth- classified report to the appropriate congres- restrictions pursuant to subsection (a)(2) erwise prohibited by under part V of title 31, sional committees that assesses the declin- shall no longer be subject to such visa re- Code of Federal Regulations, or any Execu- ing cohesion inside the Venezuelan military strictions; and tive order relating to the national emer- and security forces and the Maduro regime. (2) if any person described in subpara- gency declared in Executive Order 13692 (50 (b) ADDITIONAL ELEMENTS.—The report sub- graphs (A) through (C) of subsection (a)(3) U.S.C. 1701 note), for the sale of agricultural mitted under subsection (a) shall— recognizes and pledges support for the In- commodities, food, medicine, or medical de- (1) identify senior members of the Ven- terim President of Venezuela or a subsequent vices to Venezuela, or for the provision of ezuelan military and the Maduro regime, in- democratically elected government of Ven- humanitarian assistance to the people of cluding generals, admirals, cabinet min- ezuela, any family members of that person Venezuela, and any transaction that is ordi- isters, deputy cabinet ministers, and the who were subject to visa restrictions pursu- narily incidental or necessary to any such heads of intelligence agencies, whose loyalty ant to subsection (a)(3) shall no longer be transaction, regardless of whether the trans- to Nicola´ s Maduro is declining; subject to such visa restrictions. action or provision of humanitarian assist- (2) describe the factors that would accel- (c) VISA RESTRICTIONS DESCRIBED.— ance originate in, or have a connection to, erate the decision making of individuals (1) EXCLUSION FROM THE UNITED STATES AND the United States, shall be exempt from identified in paragraph (1)— REVOCATION OF VISA OR OTHER DOCUMENTA- United States sanctions, including sanctions (A) to break with the Maduro regime; and TION.—Subject to paragraph (2) and sub- described in— (B) to recognize the Interim President of section (b), an alien described in subsection (1) sections ll63, ll65, ll66, ll68, and Venezuela and his government; and (a)— ll71; (3) assess and detail the massive number of (A) is inadmissible to the United States; (2) the Venezuela Defense of Human Rights desertions and defections that have occurred (B) is ineligible to receive a visa or other and Civil Society Act of 2014 (Public Law at the officer and enlisted levels inside the documentation authorizing entry into the 113–278); or Venezuelan military and security forces. United States; (3) Executive Orders 13808 and 13850. (c) BRIEFING REQUIREMENT.—Not later than (C) is otherwise ineligible to be admitted SEC. ll24. COORDINATION AND DISTRIBUTION 30 days after the date of the enactment of into the United States or to receive any ben- OF HUMANITARIAN ASSISTANCE TO this Act, the Secretary of State, acting efit under the Immigration and Nationality THE PEOPLE OF VENEZUELA. through the Bureau of Intelligence and Re- Act (8 U.S.C. 1101 et seq.); and (a) SHORT TITLE.—This section may be search, and in coordination with the Direc- (D) shall, in accordance with section 221(i) cited as the ‘‘Humanitarian Assistance to tor of National Intelligence, shall provide a of the Immigration and Nationality Act (8 the Venezuelan People Act of 2019’’. classified briefing to appropriate congres- U.S.C. 1201(i), have his or her visa or other (b) DEFINED TERM.—In this section, the sional committees on the subject matter de- documentation revoked, regardless of when term ‘‘appropriate congressional commit- the visa or other documentation was issued. tees’’ means— scribed in subsections (a) and (b). PPROPRIATE CONGRESSIONAL COMMIT- (2) EXCEPTION TO COMPLY WITH UNITED NA- (1) the Committee on Foreign Relations of (d) A TIONS HEADQUARTERS AGREEMENT.—Sanctions the Senate; TEES.—In this section, the term ‘‘appropriate under paragraph (1) shall not apply to an (2) the Committee on Appropriations of the congressional committees’’ means— alien if admitting the alien into the United Senate; (1) the Committee on Foreign Relations of States is necessary to permit the United (3) the Committee on Foreign Affairs of the the Senate; States to comply with the Agreement re- House of Representatives; and (2) the Select Committee on Intelligence of garding the Headquarters of the United Na- (4) the Committee on Appropriations of the the Senate; tions, signed at Lake Success June 26, 1947, House of Representatives. (3) the Committee on Foreign Affairs of the and entered into force November 21, 1947, be- (c) REPORT ON THE COORDINATION AND DIS- House of Representatives; and tween the United Nations and the United TRIBUTION OF HUMANITARIAN ASSISTANCE TO (4) the Permanent Select Committee on In- States, or other applicable international ob- THE PEOPLE OF VENEZUELA INCLUDING STRAT- telligence of the House of Representatives. EGY ON FUTURE EFFORTS.— SEC. ll32. ADDITIONAL RESTRICTIONS ON ligations. (d) RULEMAKING.—The President shall issue (1) IN GENERAL.—Not later than 1 year after VISAS. such regulations, licenses, and orders as may the date of the enactment of this Act, the (a) IN GENERAL.—The Secretary of State be necessary to carry out this section. Secretary of State, in coordination with the shall impose the visa restrictions described Administrator of the United States Agency in subsection (c) on any foreign person who SEC. ll33. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE INTERIM for International Development, shall submit the Secretary determines— PRESIDENT OF VENEZUELA. a report to the appropriate congressional (1) is a current or former senior official of (a) REMOVAL OF SANCTIONS.—If a person committees that evaluates the delivery and the Maduro regime, or any foreign person sanctioned under any of the provisions of law coordination of humanitarian assistance to acting on behalf of such regime, who is described in subsection (b) recognizes and the people of Venezuela, whether residing in knowingly responsible for, complicit in, re- pledges supports for the Interim President of Venezuela or elsewhere in the Western Hemi- sponsible for ordering, controlling, or other- Venezuela or a subsequent democratically sphere. wise directing, or participating in (directly elected government, the person shall no (2) MATTERS TO BE INCLUDED.—The report or indirectly) any activity in or in relation longer be subject to such sanctions, pursuant required under paragraph (1) shall— to Venezuela, on or after January 23, 2019, to such procedures as the Secretary of State (A) identify how United States Agency for that significantly undermines or threatens and the Secretary of the Treasury may es- International Development and Department the integrity of— tablish to implement this section. of State best practices are being utilized in (A) the democratically-elected National (b) SANCTIONS DESCRIBED.—The sanctions providing humanitarian assistance to Ven- Assembly of Venezuela; or described in this subsection are set forth in ezuela and countries in the region; (B) the President of such National Assem- the following provisions of law: (B) describe the current and anticipated bly, while serving as Interim President of (1)(A) Paragraphs (3) and (4) of section 5(a) challenges to distributing humanitarian as- Venezuela, or the senior government offi- of the Venezuela Defense of Human Rights

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.083 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3427 and Civil Society Act of 2014 (Public Law (2) provides options for holding account- restoration of democracy and the rule of law 113–278), as amended by section ll63 of this able the perpetrators identified under para- in the country. Act. graph (1). (b) ADDITIONAL ELEMENTS.—The framework (B) Paragraph (5) of section 5(a) of such SEC. ll43. SUPPORT FOR INTERNATIONAL created under subsection (a) should include Act, to the extent such paragraph relates to ELECTION OBSERVATION AND policy proposals— the sanctions described in paragraph (3) or DEMOCRATIC CIVIL SOCIETY. (1) to provide Venezuelans with humani- (4) of such subsection. (a) IN GENERAL.—The Secretary of State, tarian assistance, poverty alleviation, and a (2)(A) Clauses (1) and (4) of section in coordination with the Administrator of social safety net; 1(a)(ii)(A) of Executive Order 13692 (50 U.S.C. the United States Agency for International (2) to advance debt restructuring and debt 1701 note). Development— sustainability measures; (B) Subparagraph (D)(2) of section 1(a)(ii) (1) shall work with the Organization of (3) to restore the production and efficient of such Executive Order, to the extent such American States to ensure credible inter- management of Venezuela’s oil industry, in- subparagraph relates to the provisions of law national observation of future elections in cluding rebuilding energy infrastructure; cited in subparagraph (A). Venezuela that contributes to free, fair, and (4) to eliminate price controls and market (3)(A) Section 1(a)(ii) of Executive Order transparent democratic electoral processes; distorting subsidies in the Venezuelan econ- 13850. and omy; and (B) Paragraph (iii) of section 1(a) of such (2) shall work with nongovernmental orga- (5) to address hyperinflation in Venezuela. Executive Order, to the extent such para- nizations— (c) CONSULTATION.—In supporting the graph relates to the provision of law cited in (A) to strengthen democratic governance framework under subsection (a), the Presi- subparagraph (A). and institutions, including the democrat- dent shall consult with relevant stake- (c) RULEMAKING.—The President shall issue ically elected National Assembly of Ven- holders in the humanitarian (including inter- such regulations, licenses, and orders as may ezuela; national and nongovernmental organiza- be necessary to carry out this section. (B) to defend internationally recognized tions), financial, and energy sectors. human rights for the people of Venezuela, in- (d) SENSE OF CONGRESS.—It is the sense of Subtitle D—Restoring Democracy and cluding support for efforts to document Congress that any effort to conduct debt re- Addressing the Political Crisis in Venezuela crimes against humanity and violations of structuring should— SEC. ll41. SUPPORT FOR THE ORGANIZATION human rights; (1) include discussions with China, which is OF AMERICAN STATES AND THE (C) to support the efforts of independent Venezuela’s biggest creditor; and LIMA GROUP. media outlets to broadcast, distribute, and (2) appropriately account for China’s and (a) SENSE OF CONGRESS.—It is the sense of share information beyond the limited chan- Russia’s high-risk lending to Venezuela. Congress that the Secretary of State nels made available by the Maduro regime; (e) CERTIFICATION.—The President may not should— and support lending or financing for Venezuela (1) take additional steps to support ongo- (D) to combat corruption and improve the from the International Monetary Fund and ing efforts by the Secretary General of the transparency and accountability of institu- the Multilateral Development Banks until Organization of American States to promote tions that are part of the Maduro regime. the Secretary of State submits a report to diplomatic initiatives to foster the restora- (b) ENGAGEMENT AT THE ORGANIZATION OF the Committee on Foreign Relations of the tion of democracy and the rule of law in Ven- AMERICAN STATES.—The Secretary of State, Senate and Committee on Foreign Affairs of ezuela; acting through the United States Permanent the House of Representatives certifying that (2) conduct diplomatic engagement in sup- Representative to the Organization of Amer- any such lending or financing— port of efforts by the Lima Group to restore ican States, should advocate and build diplo- (1) would be managed by the Interim Presi- democracy and the rule of law in Venezuela matic support for sending an election obser- dent of Venezuela or a new, democratically- and facilitate the delivery of humanitarian vation mission to Venezuela to ensure that elected President; assistance for the Venezuelan people; and democratic electoral processes are organized (2) would not be used to repay external (3) engage with the International Contact and carried out in a free, fair, and trans- creditors who are not members of the Group Group on Venezuela to advance a peaceful parent manner. of Seven unless such payments are essential and democratic solution to the current cri- (c) BRIEFING REQUIREMENT.—Not later than to the restoration of economic stability and sis. 180 days after the date of the enactment of democracy in Venezuela; and (b) DEFINED TERMS.—In this section: this Act, the Secretary of State, in coordina- (3) would not benefit the Maduro regime. (1) INTERNATIONAL CONTACT GROUP ON VEN- tion with the Administrator of the United (f) WAIVER.—The President may waive the EZUELA.—The ‘‘International Contact Group States Agency for International Develop- certification requirement under subsection on Venezuela’’ refers to a diplomatic bloc— ment, shall provide a briefing on the strat- (e) if the President— (A) whose members include the European egy to carry out the activities described in (1) determines that such waiver is in the Union, France, Germany, Italy, Spain, Por- subsection (a) to— national interest of the United States; and tugal, Sweden, the Netherlands, the United (1) the Committee on Foreign Relations of (2) not later than 30 days after making a Kingdom, Ecuador, Costa Rica, and Uruguay; the Senate; determination under paragraph (1), submits and (2) the Committee on Appropriations of the to the congressional committees referred to (B) which was established to advance a Senate; in subsection (e)— peaceful and democratic solution to the cur- (3) the Committee on Foreign Affairs of the (A) an explanation for why such a waiver is rent crisis in Venezuela. House of Representatives; and in the United States national interest; and (2) LIMA GROUP.—The ‘‘Lima Group’’ refers (4) the Committee on Appropriations of the (B) why the Secretary of State is unable to to a diplomatic bloc— House of Representatives. submit the certification described in sub- (A) whose members include Argentina, (d) AUTHORIZATION OF APPROPRIATIONS.— section (e). Brazil, Canada, Chile, Colombia, Costa Rica, (1) IN GENERAL.—There are authorized to be SEC. ll52. RECOVERING ASSETS STOLEN FROM Guatemala, Guyana, Honduras, Panama, appropriated to the Secretary of State for THE VENEZUELAN PEOPLE. Paraguay, Peru, and Saint Lucia; and fiscal year 2020, $17,500,000 to carry out the (a) RECOVERING ASSETS.—The Secretary of (B) which was established to address the activities set forth in subsection (a). State, the Secretary of the Treasury, and the political, economic, and humanitarian crises (2) NOTIFICATION REQUIREMENTS.—Amounts Attorney General shall advance a coordi- in Venezuela. appropriated pursuant to paragraph (1) are nated international effort— SEC. ll42. ACCOUNTABILITY FOR CRIMES subject to the notification requirements ap- (1) to carry out special financial investiga- AGAINST HUMANITY. plicable to expenditures from the Economic tions to identify and track assets taken from (a) SENSE OF CONGRESS.—It is the sense of Support Fund under section 531(c) of the For- the people and institutions of Venezuela Congress that the Secretary of State should eign Assistance Act of 1961 (22 U.S.C. 2346(c)) through theft, corruption, money laun- conduct robust diplomatic engagement in and from the Development Assistance Fund dering, or other illicit means; and support of efforts in Venezuela, and on the under section 653(a) of the Foreign Assist- (2) to work with foreign governments— part of the international community, to en- ance Act of 1961 (22 U.S.C. 2413(a)), to the ex- (A) to share financial investigations intel- sure accountability for possible crimes tent that such funds are expended. ligence, as appropriate; against humanity and serious violations of Subtitle E—Supporting the Reconstruction of (B) to block the assets identified pursuant human rights. Venezuela to paragraph (1); and (b) REPORT.—Not later than 90 days after (C) to provide technical assistance to help SEC. ll51. ENGAGING INTERNATIONAL FINAN- the date of the enactment of this Act, the CIAL INSTITUTIONS TO ADVANCE governments establish the necessary legal Secretary of State shall submit a report to THE RECONSTRUCTION OF VEN- framework to carry out asset forfeitures. Congress that— EZUELA’S ECONOMY AND ENERGY (b) ADDITIONAL ELEMENTS.—The coordi- (1) evaluates the degree to which the INFRASTRUCTURE. nated international effort described in sub- Maduro regime and its officials, including (a) IN GENERAL.—The President shall en- section (a) should include input from— members of the Venezuelan security forces, gage the International Monetary Fund and (1) the Office of Foreign Assets Control of have engaged in actions that constitute pos- the Multilateral Development Banks to sup- the Department of the Treasury; sible crimes against humanity and serious port a framework for the economic recon- (2) the Financial Crimes Enforcement Net- violations of human rights; and struction of Venezuela, contingent upon the work of the Department of the Treasury; and

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.083 S12JNPT1 S3428 CONGRESSIONAL RECORD — SENATE June 12, 2019 (3) the Money Laundering and Asset Recov- subject to the notification requirements ap- public corruption by senior officials within ery Section of the Department of Justice. plicable to expenditures from the Economic the Government of Venezuela; or’’; and (c) STRATEGY REQUIREMENT.— Support Fund under section 531(c) of the For- (4) in paragraph (5), as redesignated, by (1) IN GENERAL.—Not later than 180 days eign Assistance Act of 1961 (22 U.S.C. 2346(c)) striking ‘‘paragraph (1) or (2)’’ and inserting after the date of the enactment of this Act, and the International Narcotics and Law En- ‘‘paragraph (1), (2), (3), or (4)’’. the Secretary of State, the Secretary of the forcement Fund under section 489 of the For- SEC. ll64. PUBLIC INFORMATION ABOUT SANC- Treasury, and the Attorney General shall eign Assistance Act of 1961 (22 U.S.C. 2291h) TIONED OFFICIALS. submit a strategy for carrying out the ac- to the extent that such funds are expended. (a) IN GENERAL.—Not later than 90 days tivities described in subsection (a) to— SEC. ll62. CLASSIFIED BRIEFING ON THE IN- after the date of the enactment of this Act, (A) the Committee on Foreign Relations of VOLVEMENT OF VENEZUELAN OFFI- the Secretary of Treasury, in consultation the Senate; CIALS IN CORRUPTION AND ILLICIT with the Secretary of State, shall provide a (B) the Committee on Banking, Housing, NARCOTICS TRAFFICKING. classified briefing to the appropriate con- and Urban Affairs of the Senate; (a) BRIEFING REQUIREMENT.—Not later than gressional committees on the total assessed (C) the Committee on the Judiciary of the 90 days after the date of the enactment of value of blocked assets of Venezuelans des- Senate; this Act, the Secretary of State, acting ignated under sanctions authorized under— (D) the Committee on Foreign Affairs of through the Bureau of Intelligence and Re- (1) the Foreign Narcotics Kingpin Designa- the House of Representatives; search, and in coordination with the Direc- tion Act (title VIII of Public Law 106–120; 21 (E) the Committee on Financial Services of tor of National Intelligence, shall provide a U.S.C. 1901 et seq.); the House of Representatives; and classified briefing to the appropriate con- (2) the Venezuela Defense of Human Rights (F) the Committee on the Judiciary of the gressional committees on the involvement of and Civil Society Act of 2014 (Public Law House of Representatives. senior officials of the Maduro regime, includ- 113–278), as amended by section ll63 of this (2) ADDITIONAL ELEMENTS.—The strategy ing members of the National Electoral Coun- Act; or required by paragraph (1) shall include the cil, the judicial system, and the Venezuelan (3) Executive Orders 13692 (50 U.S.C. 1701 following: security forces, in illicit narcotics traf- note) and 13850. (A) An assessment whether the United ficking and significant acts of public corrup- (b) ADDITIONAL ELEMENTS.—The briefing States or another member of the inter- tion in Venezuela. provided under subsection (a) should provide national community should establish a man- (b) ADDITIONAL ELEMENTS.—The briefing descriptions of specific cases that are most aged fund to hold the assets identified pursu- provided under subsection (a) shall— representative of the endemic corruption and ant to subsection (a)(1) that could be re- (1) describe how the significant acts of pub- illicit financial activities occurring in Ven- turned to a future democratic government in lic corruption pose challenges for United ezuela. Venezuela. States national security and impact the rule (c) APPROPRIATE CONGRESSIONAL COMMIT- (B) Such recommendations as the Secre- of law and democratic governance in coun- TEES.—In this section, the term ‘‘appropriate taries and the Attorney General consider ap- tries of the Western Hemisphere; congressional committees’’ means— propriate for legislative or administrative (2) identify individuals for whom there is (1) the Committee on Foreign Relations of action in the United States that would be credible information that they frustrated the the Senate; needed to establish and manage the fund de- ability of the United States to combat illicit (2) the Committee on Banking, Housing, scribed in subparagraph (A). narcotics trafficking; and Urban Affairs of the Senate; Subtitle F—Restoring the Rule of Law in (3) include an assessment of the relation- (3) the Committee on Foreign Affairs of the Venezuela ship between individuals identified under House of Representatives; and subsection (a) and Nicola´ s Maduro or mem- SEC. ll61. DEVELOPING AND IMPLEMENTING A (4) the Committee on Financial Services of COORDINATED SANCTIONS STRAT- bers of his cabinet; and the House of Representatives. EGY WITH PARTNERS IN THE WEST- (4) include input from the Drug Enforce- ERN HEMISPHERE AND THE EURO- ment Administration, the Office of Foreign SEC. ll65. FINANCIAL SANCTIONS ON MADURO REGIME DEBT. PEAN UNION. Assets Control, and the Financial Crimes En- (a) STRENGTHENING SANCTIONS CAPACITY IN forcement Network. (a) FINDING.—Executive Order 13808 (82 Fed. LATIN AMERICA AND THE CARIBBEAN.—The (c) APPROPRIATE CONGRESSIONAL COMMIT- Reg. 41155), which was signed on August 24, Secretary of State, in consultation with the TEES.—In this section, the term ‘‘appropriate 2017, provided for sanctions intended to limit Secretary of the Treasury, shall offer to pro- congressional committees’’ means— the ability of the Maduro regime to issue vide technical assistance to partner govern- (1) the Committee on Foreign Relations of public debt. ments in Latin America and the Caribbean the Senate; (b) DEFINITIONS.—In this section and in sec- to assist such governments in establishing (2) the Select Committee on Intelligence of tions ll66 and ll68: the legislative and regulatory frameworks the Senate; (1) ENTITY.—The term ‘‘entity’’ means a needed to impose targeted sanctions on offi- partnership, association, trust, joint ven- cials of the Maduro regime who— (3) the Committee on Foreign Affairs of the House of Representatives; and ture, corporation, group, subgroup, or orga- (1) are responsible for human rights abuses; nization. (2) have engaged in public corruption; or (4) the Permanent Select Committee on In- telligence of the House of Representatives. (2) PERSON.—The term ‘‘person’’ means an (3) are undermining democratic institu- individual or entity. SEC. ll63. SANCTIONS ON PERSONS RESPON- tions and processes in Venezuela. (3) UNITED STATES PERSON.—The term (b) COORDINATING INTERNATIONAL SANC- SIBLE FOR PUBLIC CORRUPTION AND UNDERMINING DEMOCRATIC ‘‘United States person’’ means any— TIONS.—The Secretary of State, in consulta- GOVERNANCE. (A) United States citizen; tion with the Secretary of the Treasury, (a) FINDING.—Executive Order 13692 (50 (B) alien lawfully admitted for permanent shall engage in diplomatic efforts with part- U.S.C. 1701 note), which was signed on March residence to the United States; ner governments, including the Government (C) entity organized under the laws of the of Canada, governments in the European 8, 2015, provided for sanctions against any United States or any jurisdiction within the Union, and governments in Latin America person determined to be responsible for ac- and the Caribbean, to impose targeted sanc- tions that undermine democratic processes United States (including a foreign branch of tions on the Maduro regime officials de- and institutions or responsible for acts of any such entity); and scribed in subsection (a). public corruption by senior officials within (D) any person physically located in the (c) STRATEGY REQUIREMENT.—Not later the Government of Venezuela that were not United States. than 90 days after the date of the enactment included in the Venezuela Defense of Human (c) IN GENERAL.—The President may pro- of this Act, the Secretary of State, in con- Rights and Civil Society Act of 2014 (Public hibit, in the United States or by a United sultation with the Secretary of the Treas- Law 113–278). States person— ury, shall submit a strategy for carrying out (b) SANCTIONS.—Section 5(a) of the Ven- (1) any transaction related to, provision of the activities described in subsection (a) to— ezuela Defense of Human Rights and Civil financing for, or other dealing in— (1) the Committee on Foreign Relations of Society Act of 2014 (Public Law 113–278) is (A) debt instruments with a maturity of the Senate; amended— greater than 90 days issued by Petro´ leos de (2) the Committee on Appropriations of the (1) in paragraph (2), by striking ‘‘or’’ at the Venezuela, S.A., on or after the date of the Senate; end; enactment of this Act; (3) the Committee on Foreign Affairs of the (2) by redesignating paragraph (3) as para- (B) debt instruments with a maturity of House of Representatives; and graph (5); greater than 30 days or equity issued by the (4) the Committee on Appropriations of the (3) by inserting after paragraph (2) the fol- Maduro regime on or after the date of the en- House of Representatives. lowing: actment of this Act, excluding debt instru- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) is responsible for, or complicit in, or- ments issued by Petro´ leos de Venezuela, (1) IN GENERAL.—There is authorized to be dering, controlling, or otherwise directing, S.A., that are not covered under subpara- appropriated to the Secretary of State for significant actions or policies that under- graph (A); fiscal year 2020, $3,000,000 to carry out the ac- mine democratic processes or institutions; (C) bonds issued by the Maduro regime be- tivities set forth in subsection (a). ‘‘(4) is responsible for, complicit in, order- fore the date of the enactment of this Act; or (2) NOTIFICATION REQUIREMENTS.—Amounts ing, controlling, or otherwise directing, or to (D) dividend payments or other distribu- appropriated pursuant to paragraph (1) are have participated in, directly or indirectly, tions of profits to the Maduro regime from

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SANCTIONS ON THE MADURO RE- (1) control of critical United States energy indirectly, by the Maduro regime; GIME’S TRADE IN GOLD. infrastructure by Rosneft, a Russian govern- (2) the direct or indirect purchase of secu- (a) FINDING.—Executive Order 13850, which ment-controlled entity currently under rities from the Maduro regime, except for— was signed on November 1, 2018, ordered United States sanctions that is led by Igor (A) securities qualifying as debt instru- sanctions against the gold sector of the Ven- Sechin, who is also under United States ments issued by Petro´ leos de Venezuela, ezuelan economy. sanctions and is a close associate of Vladimir S.A., on or after the date of the enactment of (b) SANCTIONS AUTHORIZED.—The President, Putin, would pose a significant risk to in consultation with the Secretary of the this Act that are not described in paragraph United States national security and energy Treasury and the Secretary of State, may (1)(A); and security; and block and prohibit the transfer, payment, ex- (B) securities qualifying as debt instru- (2) a default by PDVSA on its loan from portation, withdrawal, or other disposition ments issued by the Maduro regime on or Rosneft, resulting in Rosneft coming into after the date of the enactment of this Act of all property and interests in property of any person that operates in the gold sector possession of PDVSA’s United States CITGO that are not described in paragraph (1)(B); assets, would warrant careful consideration (3) any transaction that evades or avoids, of the Venezuelan economy if such property is in the United States, comes into the by the Committee on Foreign Investment in has the purpose of evading or avoiding, United States, or is or comes within the pos- the United States. causes a violation of, or attempts to violate REVENTING ROSNEFT FROM CONTROL- session or control of any United States per- (c) P a prohibition under paragraph (1) or (2); and son. LING UNITED STATES ENERGY INFRASTRUC- (4) any conspiracy to violate a prohibition (c) REPORT.—Not later than 30 days after TURE.—The President shall take all nec- under paragraph (1), (2), or (3). date of the enactment of this Act, the Sec- essary steps to prevent Rosneft from gaining (d) SENSE OF CONGRESS.—It is the sense of retary of the Treasury shall submit a report control of critical United States energy in- Congress that the President should waive the to the appropriate congressional committees frastructure. prohibitions described in subsection (c) and (as defined in section 612(b)) that— (d) SECURITY RISK BRIEFING.—Not later in Executive Order 13808 if the related debt (1) details whether section 5318A of title 31, than 90 days after the date of the enactment instruments, bonds, or securities have been United States Code, provides the Secretary of this Act, the Secretary of Homeland Secu- approved or ratified by the democratically of the Treasury with sufficient authority to rity and the Secretary of the Treasury, in elected National Assembly of the Bolivarian consultation with the Secretary of State and Republic of Venezuela. fully address the extent to which trans- actions related to finished and unfinished the Secretary of Energy, shall provide a SEC. ll66. ADDITIONAL FINANCIAL SANCTIONS briefing on the security risks posed by Rus- ON MADURO REGIME DEBT. precious metals are used to assist in money- laundering transactions, particularly with sian control of CITGO’s United States energy (a) FINDING.—Executive Order 13835 (83 Fed. infrastructure holdings to— Reg. 24001), which was signed on May 21, 2018, respect to high-risk jurisdictions, including Venezuela; (1) the Committee on Foreign Relations of provided for additional sanctions against the Senate; transactions involving the existing public (2) includes recommendations the Sec- retary of the Treasury considers necessary (2) the Committee on Homeland Security debt of the Maduro regime. and Governmental Affairs of the Senate; (b) PROHIBITION.—The President may pro- and appropriate for United States legislative (3) the Committee on Foreign Affairs of the hibit a United States person or any person or administrative action that would be need- within the United States from— ed to address any findings referred to in House of Representatives; and (1) purchasing any debt owed to the paragraph (1); and (4) the Committee on Homeland Security Maduro regime, including accounts receiv- (3) includes, in a classified annex, an expla- of the House of Representatives. able; nation for how the Department of the Treas- SEC. ll69a. CLASSIFIED BRIEFING ON ACTIVI- (2) entering into any transaction related to ury is currently using its authorities under TIES OF CERTAIN FOREIGN GOVERN- MENTS AND ACTORS IN VENEZUELA. any debt owed to the Maduro regime that is section 5318A of title 31, United States Code, to address transactions related to precious (a) IN GENERAL.—Not later than 90 days pledged as collateral after May 21, 2018, in- after the date of the enactment of this Act, cluding accounts receivable; or metals that are used to assist in money- the Secretary of State, acting through the (3) entering into any transaction involving laundering transactions. Bureau of Intelligence and Research of the the selling, transferring, assigning, or pledg- SEC. ll69. CONCERNS OVER PDVSA TRANS- Department of State, and in coordination ing as collateral by the Maduro regime of ACTIONS WITH ROSNEFT. with the Director of National Intelligence, any equity interest in any entity in which (a) FINDINGS.—Congress makes the fol- shall provide a classified briefing to the ap- the Maduro regime has a 50 percent or great- lowing findings: propriate congressional committees on— er ownership interest. (1) In late 2016, Venezuelan state-owned oil (1) the full extent of cooperation by the (c) SENSE OF CONGRESS.—It is the sense of company Petro´ leos de Venezuela, S.A. (re- Congress that the President should waive the ferred to in this section as ‘‘PDVSA’’), Government of the Russian Federation, the prohibitions described in subsection (a) and through a no compete transaction, secured a Government of the People’s Republic of in Executive Order 13835 if transactions in- loan from Russian government-controlled oil China, the Government of Cuba, and the volving related debt instruments, bonds, or company Rosneft, using 49.9 percent of Government of Iran with the Maduro regime; securities have been approved or ratified by PDVSA’s American subsidiary, CITGO Pe- and the democratically elected National Assem- troleum Corporation, including its assets in (2) the activities inside Venezuelan terri- bly of Venezuela. the United States, as collateral. As a result tory of foreign armed groups, including Co- SEC. ll67. EXPANDING KINGPIN SANCTIONS ON of this transaction, 100 percent of CITGO is lombian criminal organizations and defec- NARCOTICS TRAFFICKING AND held as collateral by PDVSA’s creditors. tors from the Colombian guerilla group MONEY LAUNDERING. (2) CITGO, a wholly owned subsidiary of known as the Revolutionary Armed Forces (a) FINANCIAL SANCTIONS EXPANSION.—The PDVSA, is engaged in interstate commerce of Colombia, and foreign terrorist organiza- Secretary of the Treasury, the Attorney and owns and controls critical energy infra- tions, including the Colombian guerilla General, the Secretary of State, the Sec- structure in 19 States of the United States, group known as the National Liberation retary of Defense, and the Director of the including an extensive network of pipelines, Army (ELN). Central Intelligence Agency should expand 48 terminals, and 3 refineries, with a com- (b) APPROPRIATE CONGRESSIONAL COMMIT- investigations, intelligence collection, and bined oil refining capacity of 749,000 barrels TEES.—In this section, the term ‘‘appropriate analysis pursuant to the Foreign Narcotics per day. CITGO’s refinery in Lake Charles, congressional committees’’ means— Kingpin Designation Act (21 U.S.C. 1901 et Louisiana, is the sixth largest refinery in the (1) the Committee on Foreign Relations of seq.) to facilitate the identification and sup- United States. the Senate; port the application of sanctions against— (3) The Department of the Treasury im- (2) the Select Committee on Intelligence of (1) significant foreign narcotics traffickers, posed sanctions on Rosneft, which is con- the Senate; their organizations and networks; and trolled by the Government of the Russian (3) the Committee on Foreign Affairs of the (2) the foreign persons who provide mate- Federation, and its Executive Chairman, House of Representatives; and rial, financial, or technological support to Igor Sechin, following Russia’s military in- (4) the Permanent Select Committee on In- such traffickers, organizations, and net- vasion of Ukraine and its illegal annexation telligence of the House of Representatives. works. of Crimea in 2014. SEC. ll69b. COUNTERING RUSSIAN INFLUENCE (b) TARGETS.—The efforts described in sub- (4) The Department of Homeland Security IN VENEZUELA. section (a) should specifically target— has designated the energy sector as critical (a) SHORT TITLE.—This section may be (1) senior members of the Maduro regime, to United States infrastructure. cited as the ‘‘Russian-Venezuelan Threat including military officers, involved in nar- (5) The growing economic crisis in Ven- Mitigation Act’’. cotics trafficking and money laundering; ezuela raises the probability that the (b) THREAT ASSESSMENT AND STRATEGY TO (2) foreign narcotics traffickers and their Maduro regime and PDVSA will default on COUNTER RUSSIAN INFLUENCE IN VEN- organizations and networks that are oper- their international debt obligations, result- EZUELA.— ating in Venezuela; and ing in a scenario in which Rosneft could (1) DEFINED TERM.—In this subsection, the (3) the foreign persons who provide mate- come into control of CITGO’s United States term ‘‘appropriate congressional commit- rial, financial, or technological support to energy infrastructure holdings. tees’’ means— such traffickers, organizations, and net- (b) SENSE OF CONGRESS.—It is the sense of (A) the Committee on Foreign Relations of works that are operating in Venezuela. Congress that— the Senate; and

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(B) the Committee on Foreign Affairs of (1) APPROPRIATE CONGRESSIONAL COMMIT- the Secretary of Commerce, as appropriate, the House of Representatives. TEES.—The term ‘‘appropriate congressional shall brief the appropriate congressional (2) THREAT ASSESSMENT.—Not later than 90 committees’’ means— committees regarding the transfer by foreign days after the date of the enactment of this (A) the Committee on Foreign Relations of persons of covered articles or services to ele- Act, the Secretary of State shall brief the the Senate; ments of the security forces of Venezuela appropriate congressional committees re- (B) the Committee on Banking, Housing, that are under the authority of the Maduro garding— and Urban Affairs of the Senate; regime. (A) an assessment of Russian-Venezuelan (C) the Committee on Foreign Affairs of (2) MATTERS TO BE INCLUDED.—The briefing security cooperation; and the House of Representatives; and required under paragraph (1) shall include— (B) the potential threat such cooperation (D) the Committee on Financial Services (A) a list of all significant transfers by for- poses to the United States and countries in of the House of Representatives. eign persons of covered articles or services to the Western Hemisphere. (2) COVERED ARTICLE OR SERVICE.—The term such elements of the security forces of Ven- (3) STRATEGY.—Not later than 30 days after ‘‘covered article or service’’— ezuela since July 2017; the briefing required under paragraph (2), the (A) for purposes of subsection (c), means— (B) a list of all foreign persons who main- Secretary of State shall brief the appro- (i) a defense article or defense service (as tain an existing defense relationship with priate congressional committees regarding a such terms are defined in section 47 of the such elements of the security forces of Ven- strategy to counter threats identified in Arms Export Control Act (22 U.S.C. 2794)); ezuela; and such assessment from Russian-Venezuelan and (C) any known use of covered articles or cooperation. (ii) any article included on the Commerce services by such elements of the security Control List set forth in Supplement No. 1 to (c) ALIENS INELIGIBLE FOR VISAS, ADMIS- forces of Venezuela or associated forces, in- part 774 of the Export Administration Regu- cluding paramilitary groups, that have co- SION, OR PAROLE.— lations under subchapter C of chapter VII of (1) IN GENERAL.—An alien who the Sec- ordinated with such security forces to as- title 15, Code of Federal Regulations, and sault, intimidate, or murder political activ- retary of State or the Secretary of Homeland controlled for crime control purposes, if the Security (or a designee of either Secretary) ists, protesters, dissidents, and other civil end user is likely to use the article to violate ´ knows, or has reason to believe, is an alien society leaders, including Juan Guaido. the human rights of the citizens of Ven- (e) SUNSET.—This section shall terminate who is acting or has acted on behalf of the ezuela; and Russian Government in direct support of the on the earlier of— (B) for purposes of subsection (d), means— (1) the date that is 3 years after the date of security forces of the Maduro regime is— (i) any defense article or defense service of (A) inadmissible to the United States; the enactment of this Act; or the type described in section 47 of the Arms (2) the date on which the President cer- (B) ineligible to receive a visa or other doc- Export Control Act (22 U.S.C. 2794); and umentation to enter the United States; and tifies to the appropriate congressional com- (ii) any article of the type included on the mittees that the Government of Venezuela (C) otherwise ineligible to be admitted into Commerce Control List set forth in Supple- the United States or to receive any other has returned to a democratic form of govern- ment No. 1 to part 774 of the Export Adminis- ment with respect for the essential elements benefit under the Immigration and Nation- tration Regulations and controlled for crime ality Act (8 U.S.C. 1101 et seq.). of representative democracy as set forth in control purposes. Article 3 of the Inter-American Democratic (2) CURRENT VISAS REVOKED.— (3) FOREIGN PERSON.—The term ‘‘foreign Charter, adopted by the Organization of (A) IN GENERAL.—The issuing consular offi- person’’ means a person that is not a United American States in Lima on September 11, cer, the Secretary of State, or the Secretary States person. 2001. of Homeland Security (or a designee of one of (4) PERSON.—The term ‘‘person’’ means an such Secretaries) shall, in accordance with individual or entity. Subtitle G—Cryptocurrency Sanctions and section 221(i) of the Immigration and Nation- (5) SECURITY FORCES OF VENEZUELA.—The Ensuring the Effectiveness of United States ality Act (8 U.S.C. 1201(i)), revoke any visa or term ‘‘security forces of Venezuela’’ in- Sanctions other entry documentation issued to an alien cludes— SEC. ll71. SANCTIONS ON VENEZUELA’S described in paragraph (1) regardless of when (A) the Bolivarian National Armed Forces, CRYPTOCURRENCY AND THE PROVI- the visa or other entry documentation is including the Bolivarian National Guard; SION OF RELATED TECHNOLOGIES. issued. (B) the Bolivarian National Intelligence (a) FINDING.—Executive Order 13827 (83 Fed. (B) EFFECT OF REVOCATION.—A revocation Service; Reg. 12469), which was signed on March 19, under subparagraph (A) shall— (C) the Bolivarian National Police; and 2018, provided for sanctions intended to limit (i) take effect immediately; and (D) the Bureau for Scientific, Criminal and the effectiveness of the issuance by the (ii) automatically cancel any other valid Forensic Investigations of the Ministry of Maduro regime of a digital currency in an ef- visa or entry documentation that is in the Interior, Justice, and Peace. fort to circumvent United States sanctions. alien’s possession. (6) UNITED STATES PERSON.—The term (b) DEFINITIONS.—In this section: (3) EXCEPTION TO COMPLY WITH UNITED NA- ‘‘United States person’’ means— (1) ENTITY.—The term ‘‘entity’’ means a TIONS HEADQUARTERS AGREEMENT OR FOR NA- (A) a United States citizen or an alien law- partnership, association, trust, joint ven- TIONAL SECURITY REASONS.— fully admitted for permanent residence to ture, corporation, group, subgroup, or orga- (A) INTERNATIONAL OBLIGATIONS.—This sec- the United States; or nization. tion shall not apply to an alien if admitting (B) an entity organized under the laws of (2) PERSON.—The term ‘‘person’’ means an or paroling the alien into the United States the United States or of any jurisdiction individual or entity. is necessary to permit the United States to within the United States, including a foreign (3) UNITED STATES PERSON.—The term comply with— branch of such an entity. ‘‘United States person’’ means any— (i) the Agreement regarding the Head- (c) RESTRICTION ON EXPORT OF COVERED AR- (A) United States citizen; quarters of the United Nations, signed at TICLES AND SERVICES TO CERTAIN SECURITY (B) alien lawfully admitted for permanent Lake Success June 26, 1947, and entered into FORCES OF VENEZUELA.— residence to the United States; force November 21, 1947, between the United (1) IN GENERAL.—Notwithstanding any (C) entity organized under the laws of the Nations and the United States; or other provision of law, covered articles or United States or any jurisdiction within the (ii) other applicable international obliga- services may not be exported from the United States (including a foreign branch of tions of the United States. United States to any element of the security any such entity); and (B) NATIONAL SECURITY.—The President forces of the Maduro regime. (D) any person physically located in the may waive the application of this section to (2) DETERMINATION.—Not later than 180 United States. an alien if the President— days after the date of the enactment of this (c) PROHIBITION OF CERTAIN TRANS- (i) determines that such a waiver is in the Act, the Secretary of State, in consultation ACTIONS.— national interest of the United States; and with the Secretary of Commerce and the (1) IN GENERAL.—All transactions by a (ii) submits a notice of, and justification heads of other departments and agencies, as United States person or within the United for, such waiver to the appropriate congres- appropriate, shall— States that relate to, provide financing for, sional committees. (A) determine, using such information that or otherwise deal in any digital currency, (4) SUNSET.—This subsection shall termi- is available to the Secretary of State, wheth- digital coin, or digital token, that was issued nate on the date that is 1 year after the date er any covered article or service has been by, for, or on behalf of the Maduro regime of the enactment of this Act. transferred since July 2017 to the security are prohibited beginning on the date of the forces of Venezuela without a license or enactment of this Act. SEC. ll69c. RESTRICTION ON EXPORT OF COV- (2) APPLICABILITY.—The prohibitions under ERED ARTICLES AND SERVICES TO other authorization as required by law; and CERTAIN SECURITY FORCES OF VEN- (B) submit such determination in writing paragraph (1) shall apply to the extent pro- EZUELA. to the appropriate congressional commit- vided by statutes, or in regulations, orders, tees. directives, or licenses that may be issued (a) SHORT TITLE.—This section may be (d) BRIEFING.— pursuant to thistitle, and notwithstanding cited as the ‘‘Venezuela Arms Restriction (1) IN GENERAL.—Not later than 180 days any contract entered into or any license or Act’’. after the date of the enactment of this Act, permit granted before the date of the enact- (b) DEFINITIONS.—In this section: the Secretary of State, in consultation with ment of this Act.

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(3) PROHIBITIONS.—Any transaction that (2) CONGRESSIONAL COMMITTEES.—The com- (2) CONGRESSIONAL COMMITTEES.—The con- evades or avoids, has the purpose of evading mittees listed in this paragraph are— gressional committees listed in this para- or avoiding, causes a violation of, or at- (A) the Committee on Foreign Relations of graph are— tempts to violate any of the prohibitions set the Senate; (A) the Committee on Foreign Relations of forth in this subsection is prohibited. Any (B) the Committee on Appropriations of the Senate; conspiracy formed to violate any of the pro- the Senate; (B) the Committee on Banking, Housing, hibitions set forth in this subsection is pro- (C) the Committee on Foreign Affairs of and Urban Affairs of the Senate; hibited. the House of Representatives; and (C) the Committee on the Judiciary of the (d) RULEMAKING.— (D) the Committee on Appropriations of Senate; (1) IN GENERAL.—The Secretary of the the House of Representatives. (D) the Committee on Foreign Affairs of Treasury, in consultation with the Secretary (b) UNITED NATIONS; NEGOTIATED SOLUTION; the House of Representatives; of State, is authorized to take such actions, CRIMES AGAINST HUMANITY.— (E) the Committee on Financial Services of including promulgating rules and regula- (1) IN GENERAL.—Not later than 15 days the House of Representatives; and tions, to implement this section. after any congressional committee listed in (F) the Committee on the Judiciary of the (2) DELEGATION.—The Secretary of the paragraph (2) requests a briefing regarding House of Representatives. Treasury may redelegate any of the func- the implementation of section 103, 202, or 403, (h) FINANCIAL SANCTIONS.— tions described in paragraph (1) to other offi- the Secretary of State shall provide such (1) IN GENERAL.—Not later than 15 days cers and executive departments and agencies briefing to such committee. after a congressional committee listed in of the United States Government. All agen- (2) CONGRESSIONAL COMMITTEES.—The con- paragraph (2) requests a briefing regarding cies of the United States Government shall gressional committees listed in this para- the implementation of section 605, 606, or 608, take all appropriate measures within their graph are— the Secretary of the Treasury shall provide authority to carry out the provisions of this (A) the Committee on Foreign Relations of such briefing to such committee. section. the Senate; and (2) CONGRESSIONAL COMMITTEES.—The con- (e) WAIVER.—The President may waive the (B) the Committee on Foreign Affairs of gressional committees listed in this para- prohibition under subsection (c)(1) if the the House of Representatives. graph are— President— (c) REGIME COHESION.— (A) the Committee on Foreign Relations of (1) determines that such waiver is in the (1) IN GENERAL.—Not later than 15 days the Senate; national interest of the United States; and after a congressional committee listed in (B) the Committee on Banking, Housing, (2) not later than 30 days after making a paragraph (2) requests a briefing regarding and Urban Affairs of the Senate; determination under paragraph (1), submits the implementation of section 301, the Sec- (C) the Committee on Foreign Affairs of a written explanation for why such a waiver retary of State and the Director of National the House of Representatives; and is in the United States national interest to— Intelligence shall provide such briefing to (D) the Committee on Financial Services (A) the Committee on Foreign Relations of such committee. of the House of Representatives. (i) KINGPIN SANCTIONS.—Not later than 15 the Senate; (2) CONGRESSIONAL COMMITTEES.—The con- (B) the Committee on Banking, Housing, gressional committees listed in this para- days after a congressional committee listed and Urban Affairs of the Senate; graph are— in subsection (h)(2) requests a briefing re- garding the implementation of section 607, (C) the Committee on Foreign Affairs of (A) the Committee on Foreign Relations of the Secretary of the Treasury, the Attorney the House of Representatives; and the Senate; General, the Secretary of State, and the Di- (D) the Committee on Financial Services (B) the Select Committee on Intelligence rector of the Central Intelligence Agency of the House of Representatives. of the Senate; shall provide such briefing to such com- SEC. ll72. BRIEFING ON THE IMPACT OF (C) the Committee on Foreign Affairs of mittee. CRYPTOCURRENCIES ON UNITED the House of Representatives; and (j) PDVSA TRANSACTIONS WITH ROSNEFT.— STATES SANCTIONS. (D) the Permanent Select Committee on (1) IN GENERAL.—Not later than 15 days (a) DEFINITION.—In this section, the term Intelligence of the House of Representatives. ‘‘appropriate congressional committees’’ after a congressional committee listed in (d) INTERNATIONAL ELECTION OBSERVATION; paragraph (2) requests a briefing regarding means— DEMOCRATIC CIVIL SOCIETY.—Not later than (1) the Committee on Foreign Relations of the implementation of section 609, the Sec- 15 days after a congressional committee list- retary of State, the Secretary of the Treas- the Senate; ed in subsection (a)(2) requests a briefing re- ury, and the Secretary of Homeland Security (2) the Committee on Banking, Housing, garding the implementation of section 405, shall provide such briefing to such com- and Urban Affairs of the Senate; the Secretary of State and the Adminis- mittee. (3) the Committee on Foreign Affairs of the trator of the United States Agency for Inter- (2) CONGRESSIONAL COMMITTEES.—The con- House of Representatives; and national Development shall provide such gressional committees listed in this para- (4) the Committee on Financial Services of briefing to such committee. graph are— the House of Representatives. (e) VISA RESTRICTIONS; SANCTIONS WAIV- (A) the Committee on Foreign Relations of (b) METHODOLOGY.—Not later than 180 days ER.—Not later than 15 days after a congres- the Senate; after the date of the enactment of this Act, sional committee listed in subsection (b)(2) (B) the Committee on Homeland Security the Secretary of State and the Secretary of requests a briefing regarding the implemen- and Governmental Affairs of the Senate; the Treasury, after consultation with the tation of section 302 or 303, the Secretary of (C) the Committee on Foreign Affairs of Chairman of the Securities and Exchange State shall provide such briefing to such the House of Representatives; and Commission and the Chairman of the Com- committee. (D) the Committee on Homeland Security modity Futures Trading Commission, shall (f) RECONSTRUCTION OF VENEZUELA’S EN- of the House of Representatives. develop a methodology to assess how any ERGY INFRASTRUCTURE.— (k) CRYPTOCURRENCY SANCTIONS.—Not later digital currency, digital coin, or digital (1) IN GENERAL.—Not later than 15 days token, that was issued by, for, or on behalf of than 15 days after a congressional committee after a congressional committee listed in listed in subsection (h)(2) requests a briefing the Maduro regime is being utilized to cir- paragraph (2) requests a briefing regarding cumvent or undermine United States sanc- regarding the implementation of section 701 the implementation of section 501, the Sec- or 702, the Secretary of State and the Sec- tions. retary of State, the Secretary of Energy, and (c) BRIEFING.—Not later than 180 days after retary of the Treasury shall provide such the Secretary of the Treasury shall provide briefing to such committee. the date of the enactment of this Act, the such briefing to such committee. Secretary of State and the Secretary of the SEC. ll82. SANCTIONS IMPLEMENTATION AND (2) CONGRESSIONAL COMMITTEES.—The con- Treasury shall brief the appropriate congres- PENALTIES. gressional committees listed in this para- (a) IMPLEMENTATION.— sional committees on the methodology de- graph are— veloped under subsection (b). (1) PRESIDENT.—The President may exer- (A) the Committee on Foreign Relations of cise all of the authorities described in sec- Subtitle H—Miscellaneous Provisions the Senate; tions 203 and 205 of the International Emer- SEC. ll81. CONGRESSIONAL BRIEFINGS. (B) the Committee on Energy and Natural gency Economic Powers Act (50 U.S.C. 1702 (a) HUMANITARIAN ASSISTANCE; SANCTIONS Resources of the Senate; and 1704) to carry out sections ll63, ll65, COORDINATION.— (C) the Committee on Foreign Affairs of ll66, ll67, ll68, and ll71 of this Act. (1) IN GENERAL.—Not later than 15 days the House of Representatives; and (2) SECRETARY OF THE TREASURY.—The Sec- after any of the congressional committees (D) the Committee on Energy and Com- retary of the Treasury, in consultation with listed in paragraph (2) requests a briefing re- merce of the House of Representatives. the Secretary of State, may promulgate such garding the implementation— (g) RECOVERY OF STOLEN ASSETS.— regulations as may be necessary to imple- (A) of section 201, the Secretary of State (1) IN GENERAL.—Not later than 15 days ment the provisions set forth in sections and the Administrator of the United States after a congressional committee listed in ll63, ll65, ll66, ll67, ll68, and ll71 Agency for International Development shall paragraph (2) requests a briefing regarding of this Act. provide such briefing to such committee; and the implementation of section 502, the Sec- (b) PENALTIES.—Any person that violates, (B) of section 601, the Secretary of State retary of State, the Secretary of the Treas- attempts to violate, conspires to violate, or shall provide such briefing to such com- ury, and the Attorney General shall provide causes a violation of any of the sanctions de- mittee. such briefing to such committee. scribed in sections ll63, ll65, ll66,

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.083 S12JNPT1 S3432 CONGRESSIONAL RECORD — SENATE June 12, 2019 ll67, ll68 and ll71, or of any regulation, ‘‘(1) identified’’; (4) The extent to which canceled appropria- license, or order issued to carry out those (B) by striking the period at the end and tions are correlated with the length of con- sections, shall be subject to the penalties set inserting ‘‘; and’’; and tinuing resolutions in the original year of forth in subsections (b) and (c) of section 206 (C) by adding at the end the following: the appropriation. of the International Emergency Economic ‘‘(2) identified in and the subject of pro- Powers Act (50 U.S.C. 1705) to the same ex- ceedings in the United States District Court SA 362. Ms. COLLINS (for herself and tent as a person that commits an unlawful for the Southern District of New York in Pe- Mr. KING) submitted an amendment in- act described in subsection (a) of that sec- terson et al. v. Islamic Republic of Iran et tended to be proposed by her to the bill tion. al., Case No. 13 Civ. 9195 (LAP).’’; and S. 1790, to authorize appropriations for SEC. ll83. PROHIBITION ON CONSTRUCTION OF (3) by striking subsection (e). fiscal year 2020 for military activities PROVISIONS OF THIS ACT AS AN AU- of the Department of Defense, for mili- THORIZATION FOR THE USE OF Mr. COTTON submitted an SA 361. tary construction, and for defense ac- MILITARY FORCE. amendment intended to be proposed by tivities of the Department of Energy, Nothing in this title may be construed as him to the bill S. 1790, to authorize ap- to prescribe military personnel an authorization for the use of military propriations for fiscal year 2020 for force. strengths for such fiscal year, and for military activities of the Department SEC. ll84. EXTENSION AND TERMINATION OF other purposes; which was ordered to SANCTIONS AGAINST VENEZUELA. of Defense, for military construction, lie on the table; as follows: and for defense activities of the De- (a) AMENDMENT.—Section 5(e) of the Ven- At the end of subtitle B of title VII, add ezuela Defense of Human Rights and Civil partment of Energy, to prescribe mili- the following: Society Act of 2014 (Public Law 113–278; 50 tary personnel strengths for such fiscal SEC. lll. REQUIREMENTS FOR CERTAIN PRE- U.S.C. 1701 note) is amended by striking ‘‘De- year, and for other purposes; which was SCRIPTION DRUG LABELS UNDER cember 31, 2019’’ and inserting ‘‘December 31, ordered to lie on the table; as follows: THE TRICARE PROGRAM. 2025’’. At the appropriate place in subtitle F of (a) REQUIREMENT.—Section 1074g of title 10, (b) TERMINATION.—The requirement to im- title X, insert the following: United States Code, is amended— pose sanctions under this title shall termi- (1) by redesignating subsections (h) and (i) nate on December 31, 2025. SEC. lll. REPORTING REGARDING CANCELLED APPROPRIATIONS. as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the fol- (a) ASSESSMENTS REQUIRED.— SA 360. Mr. COTTON (for himself, Mr. lowing new subsection (h): (1) FISCAL YEARS 2009 THROUGH 2018.—Not WHITEHOUSE, Mr. ISAKSON, Mr. JONES, ‘‘(h) LABELING.—The Secretary of Defense later than 60 days after the date of enact- shall ensure that drugs made available Mr. CORNYN, and Ms. ROSEN) submitted ment of this Act, the Comptroller General of through the facilities of the uniformed serv- an amendment intended to be proposed the United States shall submit to the com- ices include labels that— by him to the bill S. 1790, to authorize mittees of Congress described in paragraph ‘‘(1) are printed and physically located on appropriations for fiscal year 2020 for (3) a report that assesses the amount of ap- or within the package from which the drug is propriations cancelled under section 1552 of military activities of the Department to be dispensed; and title 31, United States Code, during each of of Defense, for military construction, ‘‘(2) provide adequate directions for the fiscal years 2009 through 2018. and for defense activities of the De- purposes for which the drug is intended.’’. (2) FISCAL YEAR 2019.—Not later than 120 partment of Energy, to prescribe mili- (b) CONFORMING AMENDMENT.—Subsection days after the date of enactment of this Act, (b)(1) of such section is amended by striking tary personnel strengths for such fiscal the Comptroller General of the United States year, and for other purposes; which was ‘‘under subsection (h)’’ and inserting ‘‘under shall submit to the committees of Congress subsection (j)’’. ordered to lie on the table; as follows: described in paragraph (3) a report that as- (c) IMPLEMENTATION.—Beginning not later At the end of subtitle C of title XII, add sesses the amount of appropriations can- than 90 days after the date of the enactment the following: celled under section 1552 of title 31, United of this Act, the Secretary of Defense shall SEC. 1226. EXPANSION OF AVAILABILITY OF FI- States Code, during fiscal year 2019. implement subsection (h) of section 1074g of NANCIAL ASSETS OF IRAN TO VIC- (3) COMMITTEES.—The committees of Con- title 10, United States Code, as added by sub- TIMS OF TERRORISM. gress described in this paragraph are— section (a). (a) FINDINGS.—Congress makes the fol- (A) the Committee on Appropriations, the lowing findings: Committee on Armed Services, and the Com- SA 363. Mr. YOUNG submitted an (1) On October 23, 1983, terrorists sponsored mittee on the Budget of the Senate; and amendment intended to be proposed by by the Government of Iran bombed the (B) the Committee on Appropriations, the him to the bill S. 1790, to authorize ap- United States Marine barracks in Beirut, Committee on Armed Services, and the Com- propriations for fiscal year 2020 for Lebanon. The terrorists killed 241 service- mittee on the Budget of the House of Rep- military activities of the Department men and injured scores more. resentatives. (2) Those servicemen were killed or injured (b) ELEMENTS OF ASSESSMENT.—Each as- of Defense, for military construction, while on a peacekeeping mission. sessment conducted under subsection (a) and for defense activities of the De- (3) Terrorism sponsored by the Govern- shall address the following: partment of Energy, to prescribe mili- ment of Iran threatens the national security (1) The amount of appropriations for each tary personnel strengths for such fiscal of the United States. agency that were cancelled during each fis- year, and for other purposes; which was (4) The United States has a vital interest cal year covered by the report, including— ordered to lie on the table; as follows: in ensuring that members of the Armed (A) the name of each appropriation ac- At the end of subtitle B of title II, add the Forces killed or injured by such terrorism, count from which amounts were cancelled; following: (B) for each cancelled appropriation, the and the family members of such members, SEC. lll. MODIFICATION OF AUTHORITIES FOR are able to seek justice. fiscal year for which the appropriation was THE JOINT HYPERSONICS TRANSI- (b) AMENDMENTS.—Section 502 of the Iran made, the period of availability of the appro- TION OFFICE. Threat Reduction and Syria Human Rights priation, and the fiscal year during which Section 218 of the John Warner National Act of 2012 (22 U.S.C. 8772) is amended— the appropriation was cancelled; Defense Authorization Act for Fiscal Year (1) in subsection (a)(1)— (C) for each fiscal year for which appro- 2007 (Public Law 109–364; 10 U.S.C. 2358 note) (A) in subparagraph (A), by striking ‘‘in priations made to the agency were cancelled, is amended— the United States’’ and inserting ‘‘by or’’; the percentage of the appropriations made (1) in subsection (a), by striking ‘‘sub- (B) in subparagraph (B), by inserting ‘‘, or available to the agency for the fiscal year section (b), and shall’’ and inserting ‘‘sub- an asset that would be blocked if the asset that were cancelled; and section (c), and shall’’; were located in the United States,’’ after (D) whether there was an adjustment made (2) by redesignating subsections (b) ‘‘unblocked)’’; and with respect to the cancelled appropriation through (e) as subsections (c) through (f), re- (C) in the flush text at the end— under section 251(b) of the Balanced Budget spectively; (i) by inserting after ‘‘in aid of execution’’ and Emergency Deficit Control Act of 1985 (2 (3) by inserting after subsection (a) the fol- the following: ‘‘, or to an order directing U.S.C. 901(b)) or the cancelled appropriation lowing new subsection (b): that the asset be brought to the State in was otherwise excluded from being taken ‘‘(b) HEAD OF THE JOINT HYPERSONICS TRAN- which the court is located and subsequently into account for purposes of the discre- SITION OFFICE.— to execution or attachment in aid of execu- tionary spending limits (as defined in section ‘‘(1) IN GENERAL.—Not later than 180 days tion,’’; and 250 of such Act (2 U.S.C. 900)). after the date of the enactment of the Na- (ii) by inserting ‘‘, without regard to con- (2) The extent to which canceled appropria- tional Defense Authorization Act for Fiscal cerns relating to international comity’’ after tions different significantly across agencies Year 2020, the Secretary shall designate a ‘‘resources for such an act’’; or over time. senior official in the Department who shall (2) in subsection (b)— (3) The extent to which canceled appropria- be the head of the Office. (A) by striking ‘‘that are identified’’ and tions are correlated with obligation rates or ‘‘(2) REPORTING.—The head of the Office inserting the following: ‘‘that are— the length of time. shall report to the Assistant Director for

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.083 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3433 Hypersonics within the Office of the Under (ii) by striking ‘‘under subsection (d)’’ and At the appropriate place in title V, insert Secretary of Defense for Research and Engi- inserting ‘‘under subsection (f)’’; and the following: neering.’’; (C) in paragraph (3), by striking ‘‘fiscal SEC. llll. STUDY ON TWO-WAY MILITARY BAL- (4) in subsection (c), as redesignated by year 2016’’ and inserting ‘‘fiscal year 2024’’; LOT BARCODE TRACKING. paragraph (2), by inserting ‘‘head of the’’ be- and (a) STUDY.—The Director of the Federal fore ‘‘Office’’; (10) by adding at the end the following new Voting Assistance Program of the Depart- (5) in subsection (d), as redesignated by subsection: ment of Defense shall conduct a study on the paragraph (2)— ‘‘(g) FUNDING.—The Secretary may make feasibility of a pilot program providing full (A) in the matter before paragraph (1), by available such funds to the Office for basic ballot tracking of overseas military absentee inserting ‘‘head of the’’ before ‘‘Office’’; research, applied research, advanced tech- ballots through the mail stream in a manner (B) in paragraph (3)(A), by inserting ‘‘, aca- nology development, prototyping, studies that is similar to the 2016 Military Ballot demic,’’ after ‘‘private sector’’; and and analyses, and organizational support as Tracking Pilot Program conducted by the (C) in paragraph (5)— the Secretary considers appropriate to sup- Federal Voting Assistance Program. (i) by striking ‘‘under subsection (e)’’ and port the efficient and effective development (b) REPORT.—Not later than 1 year after inserting ‘‘under subsection (f)’’; and of hypersonics technologies and transition of the date of the enactment of this Act, the (ii) by striking ‘‘under subsection (d)’’ and those systems and technologies into acquisi- Director of the Federal Voting Assistance inserting ‘‘under subsection (e)’’; tion programs or operational use.’’. Program shall submit to Congress a report (6) by redesignating subsection (e) through on the results of the study conducted under (f), as redesignated by paragraph (2), as sub- SA 364. Mr. CARPER (for himself, subsection (a). Such report shall include— sections (f) through (g), respectively; Mr. BARRASSO, Mr. WHITEHOUSE, Mr. (1) an estimate of the costs and require- (7) by inserting after subsection (d), as re- CRAMER, Mr. BOOKER, Mr. SULLIVAN, ments needed to conduct the pilot program designated by paragraph (2), the following Mr. BLUMENTHAL, Mrs. CAPITO, and described in subsection (a); new subsection (e): Mrs. GILLIBRAND) submitted an amend- (2) a description of organizations that ‘‘(e) CONSORTIUM OF UNIVERSITIES.— ment intended to be proposed by him would provide substantial support for such a ‘‘(1) IN GENERAL.—In carrying out sub- pilot program; and section (d)(3)(B), the head of the Office shall to the bill S. 1790, to authorize appro- priations for fiscal year 2020 for mili- (3) a time line for the phased implementa- designate a consortium of universities to tion of the pilot program to all military per- lead foundational hypersonic research in re- tary activities of the Department of sonnel actively serving overseas. search areas the head considers appropriate Defense, for military construction, and for the Department. for defense activities of the Depart- SA 366. Mrs. FEINSTEIN (for herself ‘‘(2) COLLABORATION.—The head of the Of- ment of Energy, to prescribe military and Ms. HARRIS) submitted an amend- fice shall encourage the consortium des- personnel strengths for such fiscal ignated under paragraph (1) to collaborate ment intended to be proposed by her to across the Federal Government, the private year, and for other purposes; which was the bill S. 1790, to authorize appropria- sector, and academia.’’; ordered to lie on the table; as follows: tions for fiscal year 2020 for military (8) in subsection (f), as redesignated by At the end of subtitle H of title X, add the activities of the Department of De- paragraph (6)— following: fense, for military construction, and (A) in paragraph (3)— SEC. lll. DIESEL EMISSIONS REDUCTION PRO- for defense activities of the Depart- GRAM. (i) in subparagraph (C)— ment of Energy, to prescribe military (I) in clause (i), by striking ‘‘; and’’ and in- (a) REAUTHORIZATION OF DIESEL EMISSIONS serting a semicolon; REDUCTION PROGRAM.—Section 797(a) of the personnel strengths for such fiscal (II) in clause (ii), by striking the period at Energy Policy Act of 2005 (42 U.S.C. 16137(a)) year, and for other purposes; which was the end and inserting ‘‘; and’’; and is amended by striking ‘‘2016’’ and inserting ordered to lie on the table; as follows: (III) by adding at the end the following new ‘‘2024’’. At the end of subtitle B of title XXVIII, clause: (b) RECOGNIZING DIFFERENCES IN DIESEL add the following: VEHICLE, ENGINE, EQUIPMENT, AND FLEET ‘‘(iii) the activities and resources of the SEC. 2815. MODIFICATION OF AUTHORIZED USES consortium designated under subsection (e) USE.— OF CERTAIN PROPERTY CONVEYED that will be leveraged by the Department to (1) NATIONAL GRANT, REBATE, AND LOAN PRO- BY THE UNITED STATES IN LOS AN- meet such goals.’’; and GRAMS.—Section 792(c)(4)(D) of the Energy GELES, CALIFORNIA. (ii) in subparagraph (D), by inserting ‘‘and Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is (a) IN GENERAL.—Section 2 of Public Law infrastructure’’ after ‘‘facilities’’ each place amended by inserting ‘‘, recognizing dif- 85–236 (71 Stat. 517) is amended in the first it appears; and ferences in typical vehicle, engine, equip- sentence by inserting after ‘‘for other mili- (B) by adding at the end the following new ment, and fleet use throughout the United tary purposes’’ the following: ‘‘and for pur- paragraph: States’’ before the semicolon. poses of meeting the needs of the homeless ‘‘(4) SUBMITTAL TO CONGRESS.— (2) STATE GRANT, REBATE, AND LOAN PRO- (as that term is defined in section 103 of the ‘‘(A) INITIAL SUBMITTAL.—Not later than GRAMS.—Section 793(b)(1) of the Energy Pol- McKinney-Vento Homeless Assistance Act 180 days after the date of the enactment of icy Act of 2005 (42 U.S.C. 16133(b)(1)) is (42 U.S.C. 11302))’’. the National Defense Authorization Act for amended— (b) MODIFICATION OF USE.— Fiscal Year 2020, the Secretary shall submit (A) in subparagraph (B), by striking ‘‘; (1) APPLICATION.—The State of California to the congressional defense committees the and’’ and inserting a semicolon; and may submit to the Administrator of General roadmap developed under paragraph (1). (B) by adding at the end the following: Services an application for use of the prop- ‘‘(B) REVISIONS.—Each year, concurrent ‘‘(D) the recognition, for purposes of imple- erty conveyed pursuant to section 2 of Public with the submittal to Congress of the budget menting this section, of differences in typ- Law 85–236 for purposes of meeting the needs of the President for fiscal year 2021 under ical vehicle, engine, equipment, and fleet use of the homeless in accordance with the section 1105(a) of title 31, United States throughout the United States, including ex- amendment made by subsection (a). Code, the Secretary shall submit to the con- pected useful life; and’’. (2) REVIEW OF APPLICATION.—Not later than gressional defense committees the most re- (c) REALLOCATION OF UNUSED STATE 60 days after the date of receipt of an appli- cent revision to the roadmap developed FUNDS.—Section 793(c)(2)(C) of the Energy cation pursuant to paragraph (1), the Admin- under paragraph (1).’’; Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is istrator and the Secretary of Health and (9) in subsection (g), as redesignated by amended beginning in the matter preceding Human Services shall jointly determine paragraph (6)— clause (i) by striking ‘‘to each remaining’’ whether the use of the property described in (A) in paragraph (1)— and all that follows through ‘‘this para- the application is a use for purposes of meet- (i) in the matter before subparagraph (A), graph’’ in clause (ii) and inserting ‘‘to carry ing the needs of the homeless. by inserting ‘‘head of the’’ before ‘‘Office’’; out section 792’’. (3) MODIFICATION OF INSTRUMENT OF CON- (ii) in subparagraph (A)— VEYANCE.— (I) by inserting ‘‘Departmentwide’’ before SA 365. Ms. KLOBUCHAR (for herself (A) IN GENERAL.—If the Administrator and ‘‘research’’; and Mr. CORNYN) submitted an amend- the Secretary jointly determine that the use (II) by striking ‘‘within the Department of ment intended to be proposed by her to of the property described in the application Defense’’; and the bill S. 1790, to authorize appropria- is for purposes of meeting the needs of the (III) by striking ‘‘; and’’ and inserting a pe- tions for fiscal year 2020 for military homeless, the Administrator shall execute riod; activities of the Department of De- and record in the appropriate office an in- (iii) by striking subparagraph (B); and fense, for military construction, and strument of modification of the deed of con- (iv) by striking ‘‘a review of—’’ and all for defense activities of the Depart- veyance executed pursuant to Public Law 85– that follows through ‘‘(A) the funding’’ and 236 in order to authorize such use of the inserting ‘‘a review of the funding’’; ment of Energy, to prescribe military property. The instrument shall include such (B) in paragraph (2)— personnel strengths for such fiscal additional terms and conditions as the Ad- (i) by inserting ‘‘head of the’’ before ‘‘Of- year, and for other purposes; which was ministrator considers appropriate to protect fice’’; and ordered to lie on the table; as follows: the interests of the United States.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.084 S12JNPT1 S3434 CONGRESSIONAL RECORD — SENATE June 12, 2019

(B) COMPATIBILITY WITH MILITARY PUR- have the documents specified in subpara- (B) all recognitions and honors that the POSES.—Before executing under subpara- graph (A). Secretary of Defense provides to members of graph (A) any instrument of modification of (4) If a covered member provides an affi- the Armed Forces. the deed of conveyance executed pursuant to davit described in subparagraph (B) of para- (2) REINSTATEMENT.—In carrying out para- Public Law 85–236, the Administrator and the graph (3)— graph (1)(B), the Secretary shall reinstate all Secretary shall request review by the Chief (A) the appropriate discharge board shall recognitions and honors of a covered member of the National Guard Bureau in consulta- make every effort to locate the documents whose discharge characterization is changed tion with the Secretary of the Army to en- specified in subparagraph (A) of such para- under subsection (e) that the Secretary with- sure that any modification of the use of the graph within the records of the Department held because of the original discharge char- property described in the application is com- of Defense; and acterization of the member. patible with the training of the members of (B) the absence of such documents may not (3) EFFECTIVE DATE OF CHANGE OF CHARAC- the National Guard. be considered a reason to deny a change of TERIZATION FOR VETERANS BENEFITS.—For the discharge characterization under sub- purposes of the provision of benefits to which SA 367. Mr. SCHATZ (for himself and section (a)(2). veterans are entitled under the laws admin- Mrs. GILLIBRAND) submitted an amend- (c) REQUEST FOR REVIEW.—The appropriate istered by the Secretary of Veterans Affairs ment intended to be proposed by him discharge board shall ensure the mechanism to a covered member whose discharge char- by which covered members, or their rep- acterization is changed under subsection (e), to the bill S. 1790, to authorize appro- the date of discharge of the member from the priations for fiscal year 2020 for mili- resentative, may request to have the dis- charge characterization of the covered mem- Armed Forces shall be deemed to be the ef- tary activities of the Department of ber reviewed under this section is simple and fective date of the change of discharge char- Defense, for military construction, and straightforward. acterization under that subsection. ONSTRUCTION for defense activities of the Depart- (d) REVIEW.— (4) C .—Nothing in this sub- section shall be construed to authorize any ment of Energy, to prescribe military (1) IN GENERAL.—After a request has been personnel strengths for such fiscal made under subsection (c), the appropriate benefit to a covered member in connection discharge board shall review all relevant with the change of discharge characteriza- year, and for other purposes; which was tion of the member under subsection (e) for ordered to lie on the table; as follows: laws, records of oral testimony previously taken, service records, or any other relevant any period before the effective date of the At the end of subtitle D of title V, add the information regarding the discharge charac- change of discharge characterization. following: (h) DEFINITIONS.—In this section: terization of the covered member. (1) The term ‘‘appropriate discharge board’’ PART V—OTHER DISCHARGE (2) ADDITIONAL MATERIALS.—If additional CHARACTERIZATION MATTERS means the boards for correction of military materials are necessary for the review, the records under section 1552 of title 10, United SEC. 565. SHORT TITLE. appropriate discharge board— States Code, or the discharge review boards This part may be cited as the ‘‘Restore (A) may request additional information under section 1553 of such title, as the case Honor to Service Members Act’’. from the covered member or the member’s may be. SEC. 565A. REVIEW OF DISCHARGE CHARACTER- representative, in writing, and specifically (2) The term ‘‘covered member’’ means any IZATION. detailing what is being requested; and former member of the Armed Forces who was (a) IN GENERAL.—In accordance with this (B) shall be responsible for obtaining a discharged from the Armed Forces because section, the appropriate discharge boards— copy of the necessary files of the covered of the sexual orientation of the member. (1) shall review the discharge characteriza- member from the member, or when applica- (3) The term ‘‘discharge characterization’’ tion of covered members at the request of ble, from the Department of Defense. means the characterization under which a the covered member; and (e) CHANGE OF CHARACTERIZATION.—The ap- member of the Armed Forces is discharged or (2) if such characterization is any charac- propriate discharge board shall change the released, including ‘‘dishonorable’’, ‘‘gen- terization except honorable, may change discharge characterization of a covered eral’’, ‘‘other than honorable’’, and ‘‘honor- such characterization to honorable. member to honorable if such change is deter- able’’. (b) CRITERIA.—In changing the discharge mined to be appropriate after a review is (4) The term ‘‘Don’t Ask Don’t Tell’’ means characterization of a covered member to conducted under subsection (d) pursuant to section 654 of title 10, United States Code, as honorable under subsection (a)(2), the Sec- the criteria under subsection (b). A covered in effect before such section was repealed retary of Defense shall ensure that such member, or the member’s representative, pursuant to the Don’t Ask, Don’t Tell Repeal changes are carried out consistently and uni- may appeal a decision by the appropriate dis- Act of 2010 (Public Law 111–321). formly across the military departments charge board to not change the discharge (5) The term ‘‘representative’’ means the using the following criteria: characterization by using the regular ap- surviving spouse, next of kin, or legal rep- (1) The original discharge must be based on peals process of the board. resentative of a covered member. Don’t Ask Don’t Tell (in this Act referred to (f) CHANGE OF RECORDS.—For each covered SEC. 565B TIGER TEAM FOR OUTREACH TO as ‘‘DADT’’) or a similar policy in place prior member whose discharge characterization is FORMER MEMBERS. to the enactment of DADT. changed under subsection (e), or for each (a) SENSE OF CONGRESS.—It is the sense of (2) Such discharge characterization shall covered member who was honorably dis- Congress that— be so changed if, with respect to the original charged but whose DD–214 form reflects the (1) the mission of the Department of De- discharge, there were no aggravating cir- sexual orientation of the member, the Sec- fense is to provide the military forces needed cumstances, such as misconduct, that would retary of Defense shall reissue to the mem- to deter war and to protect the security of have independently led to a discharge char- ber or the member’s representative a revised the United States; acterization that was any characterization DD–214 form that reflects the following: (2) expanding outreach to veterans im- except honorable. For purposes of this para- (1) For each covered member discharged, pacted by DADT or a similar policy prior to graph, such aggravating circumstances may the Separation Code, Reentry Code, Nar- the enactment of DADT is important to clos- not include— rative Code, and Separation Authority shall ing a period of history harmful to the creed (A) an offense under section 925 of title 10, not reflect the sexual orientation of the of integrity, respect, and honor of the mili- United States Code (article 125 of the Uni- member and shall be placed under secretarial tary; form Code of Military Justice), committed authority. Any other similar indication of (3) the Department is responsible for pro- by a covered member against a person of the the sexual orientation or reason for dis- viding for the review of a veteran’s military same sex with the consent of such person; or charge shall be removed or changed accord- record before the appropriate discharge re- (B) statements, consensual sexual conduct, ingly to be consistent with this paragraph. view board or, when more than 15 years has or consensual acts relating to sexual orienta- (2) For each covered member whose dis- passed, board of correction for military or tion or identity, or the disclosure of such charge occurred prior to the creation of gen- naval records; and statements, conduct, or acts, that were pro- eral secretarial authority, the sections of the (4) the Secretary of Defense should, wher- hibited at the time of discharge but after the DD–214 form referred to paragraph (1) shall ever possible, coordinate and conduct out- date of such discharge became permitted. be changed to similarly reflect a universal reach to impacted veterans through the vet- (3) When requesting a review, a covered authority with codes, authorities, and lan- erans community and networks, including member, or the member’s representative, guage applicable at the time of discharge. through the Department of Veterans Affairs shall be required to provide either— (g) STATUS.— and veterans service organizations, to ensure (A) documents consisting of— (1) IN GENERAL.—Each covered member that veterans understand the review proc- (i) a copy of the DD–214 form of the mem- whose discharge characterization is changed esses that are available to them for upgrad- ber; under subsection (e) shall be treated without ing military records. (ii) a personal affidavit of the cir- regard to the original discharge character- (b) TIGER TEAM.— cumstances surrounding the discharge; and ization of the member, including for pur- (1) IN GENERAL.—Not later than 30 days (iii) any relevant records pertaining to the poses of— after the date of the enactment of this Act, discharge; or (A) benefits provided by the Federal Gov- the Secretary of Defense shall establish a (B) an affidavit certifying that the mem- ernment to an individual by reason of service team (commonly known as a ‘‘tiger team’’ ber, or the member’s representative, does not in the Armed Forces; and and referred to in this section as the ‘‘Tiger

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.085 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3435 Team’’) responsible for conducting outreach accordance with the schedule submitted her to the bill S. 1790, to authorize ap- to build awareness among former members of under subparagraph (C) of that paragraph. propriations for fiscal year 2020 for the Armed Forces of the process established (B) UPDATES.—Not less frequently than military activities of the Department pursuant to section 565A for the review of once every 90 days after the submittal of the of Defense, for military construction, discharge characterizations by appropriate report under paragraph (3), the Tiger Team discharge boards. The Tiger Team shall con- shall submit to Congress an update on the and for defense activities of the De- sist of appropriate personnel of the Depart- carrying out of the plan submitted under partment of Energy, to prescribe mili- ment of Defense assigned to the Tiger Team subparagraph (A) of that paragraph. tary personnel strengths for such fiscal by the Secretary for purposes of this section. (5) FINAL REPORT.—Not later than 3 years year, and for other purposes; which was (2) TIGER TEAM LEADER.—One of the persons after the date of the enactment of this Act, ordered to lie on the table; as follows: assigned to the Tiger Team under paragraph the Tiger Team shall submit to the appro- At the end of subtitle A of title XXVIII, (1) shall be a senior-level officer or employee priate committees of Congress a final report add the following: of the Department who shall serve as the on the activities of the Tiger Team under lead official of the Tiger Team (in this sec- this subsection. The report shall set forth SEC. llll. PROGRAM TO USE MINOR MILITARY tion referred to as the ‘‘Tiger Team Leader’’) the following: CONSTRUCTION AUTHORITY FOR and who shall be accountable for the activi- (A) The number of individuals discharged CONSTRUCTION AND MODIFICATION OF CHILD DEVELOPMENT CENTERS. ties of the Tiger Team under this section, under DADT or a similar policy prior to the (3) REPORT ON COMPOSITION.—Not later than enactment of DADT. (a) THRESHOLDS ON CONSTRUCTION AUTHOR- 60 days after the date of the enactment of (B) The number of individuals described in IZED.— this Act, the Secretary shall submit to Con- subparagraph (A) who availed themselves of (1) IN GENERAL.—The Secretary of Defense gress a report setting forth the names of the a review of discharge characterization shall establish a program to carry out minor personnel of the Department assigned to the (whether through discharge review or correc- military construction projects under section Tiger Team pursuant to this subsection, in- tion of military records) through a process 2805 of title 10, United States Code, to con- cluding the positions to which assigned. The established prior to the enactment of this struct or modify child development centers. report shall specify the name of the indi- Act. (2) EXPANSION OF ACCESS TO CHILD CARE vidual assigned as Tiger Team Leader. (C) The number of individuals contacted SERVICES.—Projects considered under the through outreach conducted pursuant to this program under this section shall emphasize (c) DUTIES.— expanding access to and increasing avail- (1) IN GENERAL.—The Tiger Team shall con- section. (D) The number of individuals described in ability of child care from the Department of duct outreach to build awareness among vet- Defense. erans of the process established pursuant to subparagraph (A) who availed themselves of (b) INCREASED MAXIMUM AMOUNTS APPLICA- section 565A for the review of discharge char- a review of discharge characterization BLE TO MINOR CONSTRUCTION PROJECTS.—For acterizations by appropriate discharge through the process established pursuant to the purpose of any military construction boards. section 565A. project carried out under the program under (2) COLLABORATION.—In conducting activi- (E) The number of individuals described in this section, the amounts specified in section ties under this subsection, the Tiger Team subparagraph (D) whose review of discharge 2805 of title 10, United States Code, are modi- Leader shall identify appropriate external characterization resulted in a change of fied as follows: stakeholders with whom the Tiger Team characterization to honorable discharge. (1) The amount specified in subsection shall work to carry out such activities. Such (F) The total number of individuals de- (a)(2) of such section is deemed to be stakeholders shall include the following: scribed in subparagraph (A), including indi- $15,000,000. (A) The Secretary of Veterans Affairs. viduals also covered by subparagraph (E), (2) The amount specified in subsection (c) (B) The Archivist of the United States. whose review of discharge characterization of such section is deemed to be $7,500,000. (C) Representatives of veterans service or- since September 20, 2011 (the date of repeal of ganizations. DADT), resulted in a change of characteriza- (c) NOTIFICATION AND APPROVAL REQUIRE- (D) Such other stakeholders as the Tiger tion to honorable discharge. MENTS.—The notification and approval re- Team Leader considers appropriate. (6) APPROPRIATE COMMITTEES OF CONGRESS quirements under section 2805(b) of title 10, (3) INITIAL REPORT.—Not later than 180 DEFINED.—In this subsection, the term ‘‘ap- United States Code, shall remain in effect days after the date of the enactment of this propriate committees of Congress’’ means— for construction projects carried out under Act, the Secretary of Defense shall submit to (A) the Committee on Armed Services of the program under this section. Congress the following: the Senate; and (d) REPORT REQUIRED.— (A) A plan setting forth the following: (B) the Committee on Armed Services of (1) IN GENERAL.—Not later than one year (i) A description of the manner in which the House of Representatives. after the date of the enactment of this Act, the Secretary, working through the Tiger (d) TERMINATION.—On the date that is 60 the Secretary of Defense shall submit to the Team and in collaboration with external days after the date on which the final report congressional defense committees a report stakeholders described in paragraph (2), shall required by paragraph (5) is submitted, the on the program under this section. identify individuals who meet the criteria in Secretary shall terminate the Tiger Team. (2) ELEMENTS.—The report required by section 565A(b) for review of discharge char- SEC. 565C REPORTS. paragraph (1) shall include a list and descrip- acterization. (a) REVIEW.—The Secretary of Defense tion of the construction projects carried out (ii) A description of the manner in which shall conduct a review of the consistency and under the program under this section, in- the Secretary, working through the Tiger uniformity of the reviews conducted under cluding the location and cost of each project. Team and in collaboration with the external section 565A. (e) CONSTRUCTION OF AUTHORITY.—Nothing stakeholders, shall improve outreach to indi- (b) REPORTS.—Not later than 270 days after in this section may be construed to limit any viduals who meet the criteria in section the date of the enactment of this Act, and other authority provided by law for a mili- 565A(b) for review of discharge characteriza- each year thereafter for a four-year period, tary construction project at a child develop- tion, including through— the Secretary shall submit to Congress a re- ment center. (I) obtaining contact information on such port on the reviews under subsection (a). (f) CHILD DEVELOPMENT CENTER DEFINED.— individuals; and Such reports shall include any comments or In this section, the term ‘‘child development (II) contacting such individuals on the recommendations for continued actions. center’’ includes a facility, and the utilities process established pursuant to section 565A SEC. 565D. HISTORICAL REVIEW. to support such facility, the function of for the review of discharge characterizations. The Secretary of each military department which is to support the daily care of children (B) A description of the manner in which shall ensure that oral historians of the de- aged six weeks old through five years old for the work described in clauses (i) and (ii) of partment— full-day, part-day, and hourly service. subparagraph (A) will be carried out, includ- (1) review the facts and circumstances sur- ing an allocation of the work among the rounding the estimated 100,000 members of SA 369. Mr. COONS submitted an the Armed Forces discharged from the Tiger Team and the external stakeholders. amendment intended to be proposed by (C) A schedule for the implementation, Armed Forces between World War II and Sep- carrying out, and completion of the plan re- tember 2011 because of the sexual orientation him to the bill S. 1790, to authorize ap- quired under subparagraph (A). of the member; and propriations for fiscal year 2020 for (D) A description of the additional funding, (2) receive oral testimony of individuals military activities of the Department personnel, or other resources of the Depart- who personally experienced discrimination of Defense, for military construction, ment required to carry out the plan required and discharge because of the actual or per- and for defense activities of the De- under subparagraph (A), including any modi- ceived sexual orientation of the individual so partment of Energy, to prescribe mili- fication of applicable statutory or adminis- that such testimony may serve as an official tary personnel strengths for such fiscal record of these discriminatory policies and trative authorities. year, and for other purposes; which was (4) IMPLEMENTATION OF PLAN.— their impact on American lives. (A) IN GENERAL.—The Secretary shall im- ordered to lie on the table; as follows: plement and carry out the plan submitted SA 368. Mrs. MURRAY submitted an At the end of subtitle G of title XII, add under subparagraph (A) of paragraph (3) in amendment intended to be proposed by the following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.085 S12JNPT1 S3436 CONGRESSIONAL RECORD — SENATE June 12, 2019 SEC. 12ll. SUPPORT FOR UNITED NATIONS OR- PART V—ADDITIONAL MILITARY JUSTICE (6) An attempt to commit an offense speci- GANIZATION STABILIZATION MIS- REFORM fied in paragraphs (1) through (3) as punish- SION IN THE DEMOCRATIC REPUB- able under section 880 of title 10, United LIC OF CONGO. SEC. 565A. SHORT TITLE. This part may be cited as the ‘‘Military States Code (article 80 of the Uniform Code The Secretary of Defense may use funds of Military Justice). authorized to be appropriated by this Act to Justice Improvement Act of 2019’’. increase the presence of members of the SEC. 565B. IMPROVEMENT OF DETERMINATIONS (c) EXCLUDED OFFENSES.—Subsection (a) Armed Forces at the United Nations Organi- ON DISPOSITION OF CHARGES FOR does not apply to an offense as follows: zation Stabilization Mission in the Demo- CERTAIN OFFENSES UNDER UCMJ (1) An offense under sections 883 through cratic Republic of Congo (MONUSCO) to pro- WITH AUTHORIZED MAXIMUM SEN- 917 of title 10, United States Code (articles 83 TENCE OF CONFINEMENT OF MORE vide operational support and expertise for THAN ONE YEAR. through 117 of the Uniform Code of Military the purpose of combating the Ebola outbreak Justice). (a) IMPROVEMENT OF DETERMINATIONS.— in the Democratic Republic of Congo. (2) An offense under section 933 or 934 of (1) MILITARY DEPARTMENTS.—With respect title 10, United States Code (articles 133 and to charges under chapter 47 of title 10, SA 370. Mrs. GILLIBRAND submitted United States Code (the Uniform Code of 134 of the Uniform Code of Military Justice). an amendment intended to be proposed Military Justice), that allege an offense (3) A conspiracy to commit an offense spec- by her to the bill S. 1790, to authorize specified in subsection (b) and not excluded ified in paragraph (1) or (2) as punishable appropriations for fiscal year 2020 for under subsection (c), the Secretary of De- under section 881 of title 10, United States Code (article 81 of the Uniform Code of Mili- military activities of the Department fense shall require the Secretaries of the military departments to provide as described tary Justice). of Defense, for military construction, (4) A solicitation to commit an offense and for defense activities of the De- in subsection (d) for the determinations as follows: specified in paragraph (1) or (2) as punishable partment of Energy, to prescribe mili- (A) Determinations under section 830 of under section 882 of title 10, United States tary personnel strengths for such fiscal such chapter (article 30 of the Uniform Code Code (article 82 of the Uniform Code of Mili- year, and for other purposes; which was of Military Justice) on the preferral of tary Justice). ordered to lie on the table; as follows: charges. (5) An attempt to commit an offense speci- (B) Determinations under section 830 of fied in paragraph (1) or (2) as punishable At the end of subtitle H of title X, add the under section 880 of title 10, United States following: such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of Code (article 80 of the Uniform Code of Mili- SEC. lll. MAXIMUM CONTAMINANT LEVELS. charges. tary Justice). Section 1412(b)(2) of the Safe Drinking (C) Determinations under section 834 of (d) REQUIREMENTS AND LIMITATIONS.—The Water Act (42 U.S.C. 300g–1(b)(2)) is amended such chapter (article 34 of the Uniform Code disposition of charges covered by subsection by adding at the end the following: of Military Justice) on the referral of (a) shall be subject to the following: ‘‘(D) PERFLUORINATED COMPOUNDS.— charges. ‘‘(i) REQUIRED REGULATIONS.—Not later (1) The determination whether to prefer (2) HOMELAND SECURITY.—With respect to such charges or refer such charges to a than 2 years after the date of enactment of charges under chapter 47 of title 10, United the Protect Drinking Water from PFAS Act court-martial for trial, as applicable, shall States Code (the Uniform Code of Military be made by a commissioned officer of the of 2019, the Administrator shall publish a Justice), that allege an offense specified in Armed Forces designated in accordance with maximum contaminant level and promulgate subsection (b) and not excluded under sub- regulations prescribed for purposes of this a national primary drinking water regula- section (c) against a member of the Coast subsection from among commissioned offi- tion for perfluoroalkyl and polyfluoroalkyl Guard (when it is not operating as a service cers of the Armed Forces in grade O–6 or substances. in the Navy), the Secretary of Homeland Se- higher who— ‘‘(ii) MONITORING.—In establishing moni- curity shall provide as described in sub- (A) are available for detail as trial counsel toring requirements under the national pri- section (d) for the determinations as follows: under section 827 of title 10, United States mary drinking water regulation for (A) Determinations under section 830 of Code (article 27 of the Uniform Code of Mili- perfluoroalkyl and polyfluoroalkyl sub- such chapter (article 30(a) of the Uniform tary Justice); stances under clause (i), the Administrator Code of Military Justice) on the preferral of (B) have significant experience in trials by shall— charges. ‘‘(I) consider options for tailoring moni- (B) Determinations under section 830 of general or special court-martial; and toring requirements for public water systems such chapter (article 30 of the Uniform Code (C) are outside the chain of command of that do not detect, or are reliably and con- of Military Justice) on the disposition of the member subject to such charges. sistently below the maximum contaminant charges. (2) Upon a determination under paragraph level for, those substances; and (C) Determinations under section 834 of (1) to refer charges to a court-martial for ‘‘(II) prioritize the use of existing authori- such chapter (article 34 of the Uniform Code trial, the officer making that determination ties to provide technical assistance and fund- of Military Justice) on the referral of shall determine whether to refer such ing to help small, rural, or disadvantaged charges. charges for trial by a general court-martial convened under section 822 of title 10, United public water systems to comply with the na- (b) COVERED OFFENSES.—An offense speci- tional primary drinking water regulation.’’. fied in this subsection is an offense as fol- States Code (article 22 of the Uniform Code lows: of Military Justice), or a special court-mar- SA 371. Mrs. GILLIBRAND (for her- (1) An offense under chapter 47 of title 10, tial convened under section 823 of title 10, self, Mr. GRASSLEY, Mrs. SHAHEEN, Mr. United States Code (the Uniform Code of United States Code (article 23 of the Uniform Code of Military Justice). LEAHY, Mr. DURBIN, Ms. WARREN, Mr. Military Justice), for which the maximum (3) A determination under paragraph (1) to BENNET, Mr. MERKLEY, Mr. punishment authorized under that chapter includes confinement for more than one prefer charges or refer charges to a court- BLUMENTHAL, Mr. WYDEN, Ms. HIRONO, year. martial for trial, as applicable, shall cover Ms. HASSAN, Ms. BALDWIN, Mr. COONS, (2) The offense of obstructing justice under all known offenses, including lesser included Mr. MENENDEZ, Mrs. FEINSTEIN, Mr. section 931b of title 10, United States Code offenses. UDALL, Ms. KLOBUCHAR, Mr. BROWN, (article 131b of the Uniform Code of Military (4) The determination to prefer charges or Ms. MURKOWSKI, Ms. SMITH, Mr. BOOK- Justice), regardless of the maximum punish- refer charges to a court-martial for trial, as ER, Mr. SANDERS, Mr. CASEY, Mr. CRUZ, ment authorized under that chapter for such applicable, under paragraph (1), and the type Mr. PAUL, Ms. HARRIS, Mr. MARKEY, offense. of court-martial to which to refer under sub- paragraph (B), shall be binding on any appli- Mr. HEINRICH, and Ms. DUCKWORTH) (3) The offense of retaliation for reporting cable convening authority for the referral of submitted an amendment intended to a crime under section 932 of title 10, United States Code (article 132 of the Uniform Code such charges. be proposed by her to the bill S. 1790, to of Military Justice), regardless of the max- (5) The actions of an officer described in authorize appropriations for fiscal year imum punishment authorized under that paragraph (1) in determining under that 2020 for military activities of the De- chapter for such offense. paragraph whether or not to prefer charges partment of Defense, for military con- (4) A conspiracy to commit an offense spec- or refer charges to a court-martial for trial, struction, and for defense activities of ified in paragraphs (1) through (3) as punish- as applicable, shall be free of unlawful or un- the Department of Energy, to prescribe able under section 881 of title 10, United authorized influence or coercion. military personnel strengths for such States Code (article 81 of the Uniform Code (6) The determination under paragraph (1) fiscal year, and for other purposes; of Military Justice). not to refer charges to a general or special (5) A solicitation to commit an offense court-martial for trial shall not operate to which was ordered to lie on the table; specified in paragraphs (1) through (3) as terminate or otherwise alter the authority of as follows: punishable under section 882 of title 10, commanding officers to refer charges for At the end of subtitle D of title V, add the United States Code (article 82 of the Uniform trial by summary court-martial convened following: Code of Military Justice). under section 824 of title 10, United States

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.088 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3437 Code (article 24 of the Uniform Code of Mili- to paragraph (8) of section 822(a) of title 10, to the bill S. 1790, to authorize appro- tary Justice), or to impose non-judicial pun- United States Code (article 22(a) of the Uni- priations for fiscal year 2020 for mili- ishment in connection with the conduct cov- form Code of Military Justice), as so amend- tary activities of the Department of ered by such charges as authorized by sec- ed, with respect to offenses to which section Defense, for military construction, and tion 815 of title 10, United States Code (arti- 565B(a) applies. cle 15 of the Uniform Code of Military Jus- (B) To detail under section 825 of title 10, for defense activities of the Depart- tice). United States Code (article 25 of the Uniform ment of Energy, to prescribe military (e) CONSTRUCTION WITH CHARGES ON OTHER Code of Military Justice), members of personnel strengths for such fiscal OFFENSES.—Nothing in this section shall be courts-martial convened as described in sub- year, and for other purposes; which was construed to alter or affect the preferral, dis- paragraph (A). ordered to lie on the table; as follows: position, or referral authority of charges (2) PERSONNEL.—The personnel of each of- At the appropriate place in subtitle H of under chapter 47 of title 10, United States fice established under paragraph (1) shall title X, insert the following: Code (the Uniform Code of Military Justice), consist of such members of the Armed Forces SEC. llll. EXPEDITED APPROVAL OF EXPORT that allege an offense for which the max- and civilian personnel of the Department of OF CERTAIN VOLUMES OF NATURAL imum punishment authorized under that Defense, or such members of the Coast Guard GAS. chapter includes confinement for one year or or civilian personnel of the Department of Section 3 of the Natural Gas Act (15 U.S.C. less. Homeland Security, as may be detailed or as- 717b) is amended by striking subsection (c) (f) POLICIES AND PROCEDURES.— signed to the office by the Chief of Staff or and inserting the following: (1) IN GENERAL.—The Secretaries of the Commandant concerned. The members and ‘‘(c) EXPEDITED APPLICATION AND APPROVAL military departments and the Secretary of personnel so detailed or assigned, as the case PROCESS.— Homeland Security (with respect to the may be, shall be detailed or assigned from ‘‘(1) IN GENERAL.—For purposes of sub- Coast Guard when it is not operating as a personnel billets in existence as of the effec- section (a), the following shall be deemed to service in the Navy) shall revise policies and tive date for this part specified in section be consistent with the public interest, and procedures as necessary to comply with this 565F. applications for such importation or expor- section. SEC. 565D. DISCHARGE USING OTHERWISE AU- tation shall be granted without modification (2) UNIFORMITY.—The General Counsel of THORIZED PERSONNEL AND RE- or delay: the Department of Defense and the General SOURCES. ‘‘(A) The importation of the natural gas re- Counsel of the Department of Homeland Se- (a) IN GENERAL.—The Secretaries of the ferred to in subsection (b). curity shall jointly review the policies and military departments and the Secretary of ‘‘(B) The exportation of natural gas in a procedures revised under this subsection in Homeland Security (with respect to the volume up to and including 51,750,000,000 order to ensure that any lack of uniformity Coast Guard when it is not operating as a cubic feet per year. in policies and procedures, as so revised, service in the Navy) shall carry out sections ‘‘(C) The exportation of natural gas to a among the military departments and the De- 565B and 565C using personnel, funds, and re- nation with which there is in effect a free partment of Homeland Security does not sources otherwise authorized by law. trade agreement requiring national treat- render unconstitutional any policy or proce- (b) NO AUTHORIZATION OF ADDITIONAL PER- ment for trade in natural gas. dure, as so revised. SONNEL OR RESOURCES.—Sections 565B and ‘‘(2) EXCLUSION.—Subparagraphs (B) and (g) MANUAL FOR COURTS-MARTIAL.—The 565C shall not be construed as authorizations (C) of paragraph (1) shall not apply to any Secretary of Defense shall recommend such for personnel, personnel billets, or funds for nation subject to sanctions imposed by the changes to the Manual for Courts-Martial as the discharge of the requirements in such United States.’’. are necessary to ensure compliance with this sections. section. SEC. 565E. MONITORING AND ASSESSMENT OF SA 373. Mr. CORNYN (for himself, SEC. 565C. MODIFICATION OF OFFICERS AUTHOR- MODIFICATION OF AUTHORITIES BY Ms. BALDWIN, Mr. CRAPO, Mr. BROWN, IZED TO CONVENE GENERAL AND DEFENSE ADVISORY COMMITTEE ON Mr. BLUMENTHAL, Mr. CRAMER, Mr. SPECIAL COURTS-MARTIAL FOR INVESTIGATION, PROSECUTION, AND KING, Mr. BLUNT, Mr. COTTON, Mr. CERTAIN OFFENSES UNDER UCMJ DEFENSE OF SEXUAL ASSAULT IN WITH AUTHORIZED MAXIMUM SEN- THE ARMED FORCES. WARNER, Mr. ROMNEY, Mr. SULLIVAN, TENCE OF CONFINEMENT OF MORE Section 546(c) of the Carl Levin and How- Ms. ERNST, Mr. JONES, Mr. CASEY, Mr. THAN ONE YEAR. ard P. ‘‘Buck’’ McKeon National Defense Au- WYDEN, Mr. CASSIDY, Mr. GRASSLEY, (a) IN GENERAL.—Subsection (a) of section thorization Act for Fiscal Year 2015 (10 Mr. CRUZ, Mrs. CAPITO, Ms. CORTEZ 822 of title 10, United States Code (article 22 U.S.C. 1561 note) is amended— MASTO, Ms. SMITH, Mr. MANCHIN, Mrs. of the Uniform Code of Military Justice), is (1) in paragraph (1)— BLACKBURN, Mr. SCOTT of South Caro- amended— (A) by striking ‘‘on the investigation’’ and lina, Mr. TILLIS, Mr. ROBERTS, Mr. (1) by redesignating paragraphs (8) and (9) inserting ‘‘on the following: as paragraphs (9) and (10), respectively; and ‘‘(A) The investigation’’; and RUBIO, Mr. RISCH, Mr. BOOZMAN, Mrs. (2) by inserting after paragraph (7) the fol- (B) by adding at the end the following new FISCHER, Mr. ROUNDS, Mr. KAINE, and lowing new paragraph (8): subparagraph: Mrs. HYDE-SMITH) submitted an amend- ‘‘(8) with respect to offenses to which sec- ‘‘(B) The implementation and efficacy of ment intended to be proposed by him tion 565B(a) of the Military Justice Improve- sections 565B through 565D of the Military to the bill S. 1790, to authorize appro- ment Act of 2019 applies, the officers in the Justice Improvement Act of 2019 and the priations for fiscal year 2020 for mili- offices established pursuant to section amendments made by such sections.’’; and 565C(c) of that Act or officers in the grade of tary activities of the Department of (2) in paragraph (2), by striking ‘‘paragraph Defense, for military construction, and O–6 or higher who are assigned such respon- (1)’’ and inserting ‘‘paragraph (1)(A)’’. sibility by the Chief of Staff of the Army, for defense activities of the Depart- SEC. 565F. EFFECTIVE DATE AND APPLICABILITY. the Chief of Naval Operations, the Chief of ment of Energy, to prescribe military (a) EFFECTIVE DATE AND APPLICABILITY.— Staff of the Air Force, the Commandant of This part and the amendments made by this personnel strengths for such fiscal the Marine Corps, or the Commandant of the part shall take effect 180 days after the date year, and for other purposes; which was Coast Guard;’’. of the enactment of this Act, and shall apply ordered to lie on the table; as follows: (b) NO EXERCISE BY OFFICERS IN CHAIN OF with respect to any allegation of charges of At the appropriate place, insert the fol- COMMAND OF ACCUSED OR VICTIM.—Such sec- an offense specified in subsection (a) of sec- lowing: tion (article) is further amended by adding tion 565B, and not excluded under subsection ll at the end the following new subsection: SEC. . LIMITATION ON CERTAIN ROLLING (c) of section 565B, which offense occurs on STOCK PROCUREMENTS; ‘‘(c) An officer specified in subsection (a)(8) or after such effective date. CYBERSECURITY CERTIFICATION may not convene a court-martial under this (b) REVISIONS OF POLICIES AND PROCE- FOR RAIL ROLLING STOCK AND OP- section if the officer is in the chain of com- ERATIONS. DURES.—Any revision of policies and proce- mand of the accused or the victim.’’. Section 5323 of title 49, United States Code, dures required of the military departments (c) OFFICES OF CHIEFS OF STAFF ON COURTS- is amended by adding at the end the fol- or the Department of Homeland Security as MARTIAL.— lowing: a result of this part and the amendments (1) OFFICES REQUIRED.—Each Chief of Staff ‘‘(u) LIMITATION ON CERTAIN ROLLING STOCK made by this part shall be completed so as to of the Armed Forces or Commandant speci- PROCUREMENTS.— come into effect together with the coming fied in paragraph (8) of section 822(a) of title ‘‘(1) IN GENERAL.—Except as provided in 10, United States Code (article 22(a) of the into effect of this part and the amendments paragraph (5), financial assistance made Uniform Code of Military Justice), as amend- made by this part in accordance with sub- available under this chapter shall not be ed by subsection (a), shall establish an office section (a). used in awarding a contract or subcontract to do the following: to an entity on or after the date of enact- (A) To convene general and special courts- SA 372. Mr. WICKER (for himself, Mr. ment of this subsection for the procurement martial under sections 822 and 823 of title 10, JONES, Mr. CASSIDY, Mr. RUBIO, and Mr. of rolling stock for use in public transpor- United States Code (articles 22 and 23 of the SCOTT of Florida) submitted an amend- tation if the manufacturer of the rolling Uniform Code of Military Justice), pursuant ment intended to be proposed by him stock—

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.088 S12JNPT1 S3438 CONGRESSIONAL RECORD — SENATE June 12, 2019 ‘‘(A) is incorporated in or has manufac- construed to interfere with the authority of section 201 of the Dignified Burial and turing facilities in the United States; and of— Other Veterans’ Benefits Improvement Act ‘‘(B) is owned or controlled by, is a sub- ‘‘(A) the Secretary of Homeland Security of 2012 (Public Law 112–260; 38 U.S.C. 527 sidiary of, or is otherwise related legally or to publish or ensure compliance with re- note), was used; or financially to a corporation based in a coun- quirements or standards concerning ‘‘(ii) exposed to toxic airborne chemicals, try that— cybersecurity for rail fixed guideway public including any information recorded as part ‘‘(i) is identified as a nonmarket economy transportation systems; or of the registry established by the Secretary country (as defined in section 771(18) of the ‘‘(B) the Secretary of Transportation under of Veterans Affairs under such section 201.’’. Tariff Act of 1930 (19 U.S.C. 1677(18))) as of section 5329 to address cybersecurity issues (c) DEPLOYMENT ASSESSMENTS.—Section the date of enactment of this subsection; as those issues relate to the safety of rail 1074f(b)(2) of title 10, United States Code, is ‘‘(ii) was identified by the United States fixed guideway public transportation sys- amended by adding at the end the following Trade Representative in the most recent re- tems.’’. new subparagraph: port required by section 182 of the Trade Act ‘‘(D) An assessment of whether the member of 1974 (19 U.S.C. 2242) as a priority foreign SA 374. Ms. KLOBUCHAR (for herself, was— country under subsection (a)(2) of that sec- Ms. COLLINS, Mr. MANCHIN, and Mr. PE- ‘‘(i) based or stationed at a location where tion; and TERS) submitted an amendment in- an open burn pit, as defined in subsection (c) ‘‘(iii) is subject to monitoring by the Trade tended to be proposed by her to the bill of section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act Representative under section 306 of the S. 1790, to authorize appropriations for Trade Act of 1974 (19 U.S.C. 2416). of 2012 (Public Law 112–260; 38 U.S.C. 527 fiscal year 2020 for military activities note), was used; or ‘‘(2) EXCEPTION.—For purposes of paragraph of the Department of Defense, for mili- (1), the term ‘otherwise related legally or fi- ‘‘(ii) exposed to toxic airborne chemicals, nancially’ does not include a minority rela- tary construction, and for defense ac- including any information recorded as part tionship or investment. tivities of the Department of Energy, of the registry established by the Secretary ‘‘(3) INTERNATIONAL AGREEMENTS.—This to prescribe military personnel of Veterans Affairs under such section 201.’’. subsection shall be applied in a manner con- strengths for such fiscal year, and for (d) SHARING OF INFORMATION.— sistent with the obligations of the United other purposes; which was ordered to (1) DOD–VA.—The Secretary of Defense States under international agreements. and the Secretary of Veterans Affairs shall lie on the table; as follows: jointly enter into a memorandum of under- ‘‘(4) CERTIFICATION FOR RAIL ROLLING At the end of part I of subtitle F of title V, standing providing for the sharing by the De- STOCK.— add the following: partment of Defense with the Department of ‘‘(A) IN GENERAL.—Except as provided in SEC. ll. ANNUAL STATE REPORT CARD. Veterans Affairs of the results of covered paragraph (5), as a condition of financial as- Section 1111(h)(1)(C)(ii) of the Elementary sistance made available in a fiscal year evaluations regarding the exposure by a and Secondary Education Act of 1965 (20 member of the Armed Forces to toxic air- under section 5337, a recipient that operates U.S.C. 6311(h)(1)(C)(ii)) is amended by strik- rail fixed guideway service shall certify in borne chemicals. ing ‘‘on active duty (as defined in section (2) REGISTRY.—If a covered evaluation of a that fiscal year that the recipient will not 101(d)(5) of such title)’’. award any contract or subcontract for the member of the Armed Forces establishes procurement of rail rolling stock for use in that the member was based or stationed at a SA 375. Ms. KLOBUCHAR (for herself, location where an open burn pit was used, or public transportation with a rail rolling Mr. SULLIVAN, Mr. BLUMENTHAL, Ms. stock manufacturer described in paragraph the member was exposed to toxic airborne BALDWIN, Mr. BOOZMAN, Mr. BROWN, (1). chemicals, the member shall be enrolled in ASEY OLLINS OONS the Airborne Hazards and Open Burn Pit ‘‘(B) SEPARATE CERTIFICATION.—The certifi- Mr. C , Ms. C , Mr. C , cation required under this paragraph shall be Mr. CRUZ, Ms. DUCKWORTH, Mrs. FEIN- Registry, unless the member elects to not so in addition to any certification the Sec- STEIN, Mrs. GILLIBRAND, Mr. JONES, Mr. enroll. (e) RULE OF CONSTRUCTION.—Nothing in retary establishes to ensure compliance with LEAHY, Mr. MARKEY, Mr. MENENDEZ, this section may be construed to preclude the requirements of paragraph (1). Mr. MORAN, Ms. ROSEN, Mr. ROUNDS, eligibility for benefits under the laws admin- ‘‘(5) EXCEPTION.—This subsection, includ- Mr. SANDERS, Mrs. SHAHEEN, Ms. istered by the Secretary of Veterans Affairs ing the certification requirement under STABENOW, and Mr. WHITEHOUSE) sub- by reason of the open burn pit exposure his- paragraph (4), shall not apply to the award of mitted an amendment intended to be tory of a veteran not being recorded in a cov- a contract or subcontract made by a public ered evaluation. transportation agency with a rail rolling proposed by her to the bill S. 1790, to authorize appropriations for fiscal year (f) DEFINITIONS.—In this section: stock manufacturer described in paragraph (1) The term ‘‘Airborne Hazards and Open (1) if the manufacturer and the public trans- 2020 for military activities of the De- Burn Pit Registry’’ means the registry es- portation agency have a contract for rail partment of Defense, for military con- tablished by the Secretary of Veterans Af- rolling stock that was executed before the struction, and for defense activities of fairs under section 201 of the Dignified Burial date of enactment of this subsection. the Department of Energy, to prescribe and Other Veterans’ Benefits Improvement ‘‘(v) CYBERSECURITY CERTIFICATION FOR military personnel strengths for such Act of 2012 (Public Law 112–260; 38 U.S.C. 527 RAIL ROLLING STOCK AND OPERATIONS.— fiscal year, and for other purposes; note). ‘‘(1) CERTIFICATION.—As a condition of fi- which was ordered to lie on the table; (2) The term ‘‘covered evaluation’’ means— nancial assistance made available under this as follows: (A) a periodic health assessment conducted chapter, a recipient that operates a rail fixed in accordance with subsection (a); guideway public transportation system shall At the end of subtitle A of title VII, add (B) a separation history and physical ex- certify that the recipient has established a the following: amination conducted under section 1145(a)(5) process to develop, maintain, and execute a SEC. ll. EXPOSURE TO OPEN BURN PITS AND of title 10, United States Code, as amended written plan for identifying and reducing TOXIC AIRBORNE CHEMICALS AS by this section; and PART OF PERIODIC HEALTH ASSESS- cybersecurity risks. MENTS AND OTHER PHYSICAL EX- (C) a deployment assessment conducted ‘‘(2) COMPLIANCE.—For the process required AMINATIONS. under section 1074f(b)(2) of such title, as under paragraph (1), a recipient of assistance (a) PERIODIC HEALTH ASSESSMENT.—The amended by this section. under this chapter shall— Secretary of Defense shall ensure that any (3) The term ‘‘open burn pit’’ has the ‘‘(A) utilize the approach described by the periodic health assessment provided to mem- meaning given that term in section 201(c) of voluntary standards and best practices de- bers of the Armed Forces includes an evalua- the Dignified Burial and Other Veterans’ veloped under section 2(c)(15) of the National tion of whether the member has been— Benefits Improvement Act of 2012 (Public Institute of Standards and Technology Act (1) based or stationed at a location where Law 112–260; 38 U.S.C. 527 note). (15 U.S.C. 272(c)(15)), as applicable; an open burn pit was used; or ‘‘(B) identify hardware and software that (2) exposed to toxic airborne chemicals, in- SA 376. Ms. DUCKWORTH submitted the recipient determines should undergo cluding any information recorded as part of an amendment intended to be proposed third-party testing and analysis to mitigate the Airborne Hazards and Open Burn Pit by her to the bill S. 1790, to authorize cybersecurity risks, such as hardware or Registry. appropriations for fiscal year 2020 for software for rail rolling stock under pro- (b) SEPARATION HISTORY AND PHYSICAL EX- military activities of the Department posed procurements; and AMINATIONS.—Section 1145(a)(5) of title 10, of Defense, for military construction, ‘‘(C) utilize the approach described in any United States Code, is amended by adding at and for defense activities of the De- voluntary standards and best practices for the end the following new subparagraph: rail fixed guideway public transportation ‘‘(C) The Secretary concerned shall ensure partment of Energy, to prescribe mili- systems developed under the authority of the that each physical examination of a member tary personnel strengths for such fiscal Secretary of Homeland Security, as applica- under subparagraph (A) includes an assess- year, and for other purposes; which was ble. ment of whether the member was— ordered to lie on the table; as follows: ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC- ‘‘(i) based or stationed at a location where At the appropriate place in title VIII, in- TION.—Nothing in this subsection shall be an open burn pit, as defined in subsection (c) sert the following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.087 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3439 SEC. ll. DOCUMENTATION OF MARKET RE- peace and security or contribute to gross (1) the pursuit of a calibrated engagement SEARCH RELATED TO COMMERCIAL violations of internationally recognized strategy is essential to support the estab- ITEM DETERMINATIONS. human rights, including acts of gender-based lishment of a peaceful, prosperous, and Section 3307(d) of title 41, United States violence and acts of violence against chil- democratic Burma that includes respect for Code, is amended by adding at the end the dren, violations of international humani- the human rights of all its people regardless following new paragraph: tarian law, terrorism, mass atrocities, or of ethnicity and religion; and ‘‘(4) The head of an executive agency shall transnational organized crime; and (2) the guiding principles of such a strategy document the results of market research in a (B) describing any measures to be taken by include— manner appropriate to the size and com- relevant recipient countries or by the United (A) support for meaningful legal and con- plexity of the acquisition.’’. States to ensure accountability for prior stitutional reforms that remove remaining misuse and to prevent future misuse. restrictions on civil and political rights and SA 377. Mr. CARDIN submitted an (b) APPROPRIATE CONGRESSIONAL COMMIT- institute civilian control of the military, ci- amendment intended to be proposed by TEES DEFINED.—In this section, the term vilian control of the government, and the him to the bill S. 1790, to authorize ap- ‘‘appropriate congressional committees’’ constitutional provision reserving 25 percent propriations for fiscal year 2020 for means the Committee on Armed Services, of parliamentary seats for the military, military activities of the Department the Committee on Foreign Relations, and which provides the military with veto power of Defense, for military construction, the Committee on Appropriations of the Sen- over constitutional amendments; ate and the Committee on Armed Services, (B) the establishment of a fully demo- and for defense activities of the De- the Committee on Foreign Affairs, and the partment of Energy, to prescribe mili- cratic, pluralistic, civilian controlled, and Committee on Appropriations of the House representative political system that includes tary personnel strengths for such fiscal of Representatives. regularized free and fair elections in which year, and for other purposes; which was Mr. CARDIN (for himself, Mr. all people of Burma, including the Rohingya, ordered to lie on the table; as follows: SA 378. can vote; At the end of title XII, add the following: YOUNG, and Mr. DURBIN) submitted an (C) the promotion of genuine national rec- amendment intended to be proposed by onciliation and conclusion of a credible and Subtitle H—Strategy to Enhance Human him to the bill S. 1790, to authorize ap- Rights Protections in Arms Sales sustainable nationwide ceasefire agreement, propriations for fiscal year 2020 for political accommodation of the needs of eth- SEC. 1291. SHORT TITLE. military activities of the Department nic Shan, Kachin, Chin, Karen, and other This subtitle may be cited as the ‘‘Enhanc- ethnic groups, safe and voluntary return of ing Human Rights Protections in Arms Sales of Defense, for military construction, displaced persons to villages of origins, and Act of 2019’’. and for defense activities of the De- partment of Energy, to prescribe mili- constitutional change allowing inclusive per- SEC. 1292. STRATEGY TO ENHANCE HUMAN manent peace; RIGHTS PROTECTIONS IN UNITED tary personnel strengths for such fiscal STATES MILITARY ASSISTANCE AND (D) independent and international inves- year, and for other purposes; which was tigations into credible reports of war crimes, ARMS TRANSFERS. ordered to lie on the table; as follows: (a) IN GENERAL.—Not later than 180 days crimes against humanity, including sexual after the date of the enactment of this Act, At the end of title XII, add the following: and gender-based violence and genocide, per- and every two years thereafter, the Sec- Subtitle H—Promotion of Democracy and petrated against ethnic minorities like the retary of State, with the concurrence of the Human Rights in Burma Rohingya by the government, military, and Secretary of Defense, shall submit to the ap- SEC. 1291. SHORT TITLE. security forces of Burma, violent extremist propriate congressional committees a strat- This subtitle may be cited as the ‘‘Burma groups, and other combatants involved in egy to enhance United States efforts to en- Human Rights and Freedom Act of 2019’’. the conflict; sure human rights protections for United SEC. 1292. DEFINITIONS. (E) accountability for determinations of States military assistance and arms trans- In this subtitle: war crimes, crimes against humanity, in- fers. The strategy shall include— (1) APPROPRIATE CONGRESSIONAL COMMIT- cluding sexual and gender-based violence and (1) processes and procedures to— TEES.—The term ‘‘appropriate congressional genocide perpetrated against ethnic minori- (A) determine when United States military committees’’ means— ties like the Rohingya by the Government, assistance and arms transfers are used to (A) the Committee on Foreign Relations military, and security forces of Burma, vio- commit gross violations of internationally and the Committee on Armed Services of the lent extremist groups, and other combatants recognized human rights; Senate; and involved in the conflict; (B) determine when United States military (B) the Committee on Foreign Affairs and (F) strengthening the government’s civil- assistance and arms transfers are used to un- the Committee on Armed Services of the ian institutions, including support for great- dermine international peace and security or House of Representatives. er transparency and accountability; contribute to gross violations of internation- (2) CRIMES AGAINST HUMANITY.—The term (G) the establishment of professional and ally recognized human rights, including acts ‘‘crimes against humanity’’ includes, when nonpartisan military, security, and police of gender-based violence and acts of violence committed as part of a widespread or sys- forces that operate under civilian control; against children, violations of international tematic attack directed against any civilian (H) empowering local communities, civil humanitarian law, terrorism, mass atroc- population, with knowledge of the attack— society, and independent media; ities, or transnational organized crime; (A) murder; (I) promoting responsible international (C) detect other violations of United States (B) deportation or forcible transfer of pop- and regional engagement; law concerning United States military or se- ulation; (J) strengthening respect for and protec- curity assistance, cooperation, and arms (C) torture; tion of human rights and religious freedom; transfers, including the diversion of such as- (D) rape, sexual slavery, or any other form (K) addressing and ending the humani- sistance or the use of such assistance by se- of sexual violence of comparable severity; tarian and human rights crises, including by curity force or police units credibly impli- (E) persecution against any identifiable supporting the return of the displaced cated in gross violations of internationally group or collectivity on political, racial, na- Rohingya to their homes and granting or re- recognized human rights; tional, ethnic, cultural, religious, gender or storing full citizenship for the Rohingya pop- (D) train partner militaries, security, and other grounds that are universally recog- ulation; and police forces on methods for preventing civil- nized as impermissible under international (L) promoting broad-based, inclusive eco- ian causalities; and law; and nomic development and fostering healthy (E) determine whether individuals or units (F) enforced disappearance of persons. and resilient communities. that have received United States military, (3) GENOCIDE.—The term ‘‘genocide’’ means SEC. 1294. AUTHORIZATION OF APPROPRIATIONS security, or police training or have partici- any offense described in section 1091(a) of FOR HUMANITARIAN ASSISTANCE pated or are scheduled to participate in joint title 18, United States Code. AND RECONCILIATION. exercises with United States forces have (4) TRANSITIONAL JUSTICE.—The term There is authorized to be appropriated not later been credibly implicated in gross viola- ‘‘transitional justice’’ means the range of ju- tions of internationally recognized human dicial, nonjudicial, formal, informal, retribu- less than $220,500,000 for fiscal year 2020 for rights; tive, and restorative measures employed by humanitarian assistance and reconciliation (2) an implementation plan detailing spe- countries transitioning out of armed conflict activities for ethnic groups and civil society cific and measurable goals, benchmarks, or repressive regimes— organizations in Burma, Bangladesh, Thai- timetables, performance metrics, and moni- (A) to redress legacies of atrocities; and land, and the region. The assistance may in- toring and evaluation plans; and (B) to promote long-term, sustainable clude— (3) a report— peace. (1) assistance for the victims of the Bur- (A) detailing any United States military (5) WAR CRIME.—The term ‘‘war crime’’ has mese military’s crimes against humanity assistance and arms transfers which the Sec- the meaning given the term in section 2441(c) targeting Rohingya and other ethnic minori- retary of State and the Secretary of Defense of title 18, United States Code. ties in Rakhine State, Kachin, and Shan determine to have been used, or are at risk SEC. 1293. STATEMENT OF POLICY. States, including those displaced in Burma, of being used, to undermine international It is the policy of the United States that— Bangladesh, Thailand, and the region;

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.087 S12JNPT1 S3440 CONGRESSIONAL RECORD — SENATE June 12, 2019 (2) support for voluntary resettlement or Rohingya refugee community on decisions duct consultations based on the authorities repatriation in Burma, pending a genuine re- being made on their behalf. under section 1253 of the Carl Levin and patriation agreement that is developed and (b) FREEDOM OF MOVEMENT OF REFUGEES Howard P. ‘‘Buck’’ McKeon National Defense negotiated with Rohingya involvement and AND INTERNALLY DISPLACED PERSONS.—Con- Authorization Act for Fiscal Year 2015 (Pub- consultation; gress recognizes that the Government of lic Law 113–291; 22 U.S.C. 2151 note). (3) assistance to promote ethnic and reli- Bangladesh has provided long-standing sup- (2) HOSPITALITY.—The United States Agen- gious tolerance, to combat gender-based vio- port and hospitality to people fleeing vio- cy for International Development and the lence, and to support victims of violence and lence in Burma, and calls on the Government Department of State may provide assistance destruction in Rakhine, Kachin, and Shan of Bangladesh— authorized by part I of the Foreign Assist- States, including victims of gender-based vi- (1) to ensure all refugees, including ance Act of 1961 (22 U.S.C. 2151 et seq.) to olence and unaccompanied minors; Rohingya persons living in camps in Ban- support ethnic armed groups and the Bur- (4) support for formal education for chil- gladesh and in internally displaced persons mese military for the purpose of supporting dren currently living in the camps, and op- camps in Burma, have freedom of movement, research, dialogues, meetings, and other ac- portunities to access higher education in including outside of the camps, and under no tivities related to the Union Peace Con- Bangladesh; circumstance are subject to unsafe, involun- ference, Political Dialogues, and related (5) support for programs to investigate and tary, or uninformed repatriation; processes, in furtherance of inclusive, sus- document allegations of war crimes and (2) to ensure the dignified, safe, sustain- tainable reconciliation. crimes against humanity, including sexual able, and voluntary return of those displaced (c) MILITARY REFORM.—The certification and gender-based violence and genocide com- from their homes, and offer to those who do required under subsection (a) shall include a mitted in Burma; not want to return meaningful means to ob- written justification in classified and unclas- (6) assistance to ethnic groups and civil so- tain compensation or restitution; and sified form describing the Burmese mili- ciety in Burma to help sustain ceasefire (3) to ensure the rights of refugees are pro- tary’s efforts to implement reforms, end im- agreements and further prospects for rec- tected, including through allowing them to punity for human rights violations, and in- crease transparency and accountability. onciliation and sustainable peace; and build more permanent shelters, and ensuring (d) RULE OF CONSTRUCTION.—Nothing in (7) promotion of ethnic minority inclusion equal access to healthcare, basic services, this subtitle shall be construed to authorize and participation in Burma’s political proc- education, and work. Department of Defense assistance to the esses. SEC. 1297. MILITARY COOPERATION. Government of Burma except as provided in SEC. 1295. MULTILATERAL ASSISTANCE. (a) PROHIBITION.—Except as provided under this section. The Secretary of the Treasury should in- subsection (b), the President may not furnish (e) REPORT.— struct the United States executive director any security assistance or engage in any (1) IN GENERAL.—Not later than 180 days of each international financial institution to military-to-military programs with the after the date of the enactment of this Act, use the voice and vote of the United States armed forces of Burma, including training or and every 180 days thereafter, the Secretary to support projects in Burma that— observation or participation in regional ex- of State and the Secretary of Defense shall (1) provide for accountability and trans- ercises, until the Secretary of State, in con- submit to the appropriate congressional parency, including the collection, sultation with the Secretary of Defense, cer- committees a report, in both classified and verification and publication of beneficial tifies to the appropriate congressional com- unclassified form, on the strategy and plans ownership information related to extractive mittees that the Burmese military has dem- for military-to-military engagement be- industries and on-site monitoring during the onstrated significant progress in abiding by tween the United States Armed Forces and life of the project; international human rights standards and is the military of Burma. (2) will be developed and carried out in ac- undertaking meaningful and significant se- (2) ELEMENTS.—The report required under cordance with best practices regarding envi- curity sector reform, including transparency paragraph (1) shall include the following ele- ronmental conservation, cultural protection, and accountability to prevent future abuses, ments: and empowerment of local populations, in- as determined by applying the following cri- (A) A description and assessment of the cluding free, prior, and informed consent of teria: Government of Burma’s strategy for— affected indigenous communities; (1) The military adheres to international (i) security sector reform, including as it (3) do not provide incentives for, or facili- human rights standards and institutes mean- relates to an end to involvement in the il- tate, forced displacement; and ingful internal reforms to stop future human licit trade in jade, rubies, and other natural (4) do not partner with or otherwise in- rights violations. resources; volve enterprises owned or controlled by the (2) The military supports efforts to carry (ii) reforms to end corruption and illicit armed forces. out meaningful and comprehensive inde- drug trafficking; and SEC. 1296. SENSE OF CONGRESS ON RIGHT OF RE- pendent and international investigations of (iii) constitutional reforms to ensure civil- TURNEES AND FREEDOM OF MOVE- credible reports of abuses and is holding ac- ian control of the Government. MENT. countable those in the Burmese military re- (B) A list of ongoing military activities (a) RIGHT OF RETURN.—It is the sense of sponsible for human rights violations. conducted by the United States Government Congress that the Government of Burma, in (3) The military supports efforts to carry with the Government of Burma, and a de- collaboration with the regional and inter- out meaningful and comprehensive inde- scription of the United States strategy for national community, including the United pendent and international investigations of future military-to-military engagements be- Nations High Commissioner for Refugees, reports of conflict-related sexual and gender- tween the United States and Burma’s mili- should— based violence and is holding accountable tary forces, including the military of Burma, (1) ensure the dignified, safe, sustainable, those in the Burmese military who failed to the Burma Police Force, and armed ethnic and voluntary return of all those displaced prevent, respond to, investigate, and pros- groups. from their homes, especially from Rakhine ecute violence against women, sexual vio- (C) An assessment of the progress of the State, without an unduly high burden of lence, or other gender-based violence. military of Burma towards developing a proof, and the opportunity to obtain appro- (4) The Government of Burma, including framework to implement human rights re- priate compensation to restart their lives in the military, allows immediate and unfet- forms, including— Burma; tered humanitarian access to communities (i) cooperation with civilian authorities to (2) ensure that those returning are granted in areas affected by conflict, including investigate and prosecute cases of human or restored full citizenship and all the rights Rohingya and other minority communities rights violations; that adhere to citizenship in Burma; in Rakhine, Kachin, and Shan States, spe- (ii) steps taken to demonstrate respect for (3) offer to those who do not want to return cifically to the United Nations High Com- internationally-recognized human rights meaningful opportunity to obtain appro- missioner for Refugees and other relevant standards and implementation of and adher- priate compensation or restitution; United Nations agencies. ence to the laws of war; and (4) not place returning Rohingya in inter- (5) The Government of Burma, including (iii) a description of the elements of the nally displaced persons camps or ‘‘model vil- the military, cooperates with the United Na- military-to-military engagement between lages’’, but instead make efforts to recon- tions High Commissioner for Refugees and the United States and Burma that promote struct Rohingya villages as and where they other relevant United Nations agencies to such implementation. were; ensure the protection of displaced persons (D) An assessment of progress on the (5) facilitate the return of any funds col- and the safe and voluntary return of peaceful settlement of armed conflicts be- lected by the Government by harvesting the Rohingya and other minority refugees and tween the Government of Burma and ethnic land previously owned and tended by internally displaced persons. minority groups, including actions taken by Rohingya farmers for them upon their re- (6) The Government of Burma, including the military of Burma to adhere to ceasefire turn; the military, takes steps toward the imple- agreements, allow for safe and voluntary re- (6) fully implement all of the recommenda- mentation of the recommendations of the turns of displaced persons to their villages of tions of the Advisory Commission on Advisory Commission on Rakhine State. origin, and withdraw forces from conflict Rakhine State; and (b) EXCEPTIONS.— zones. (7) ensure there is proper consultation, (1) CERTAIN EXISTING AUTHORITIES.—The (E) An assessment of the Burmese military buy-in, and confidence building from the Department of Defense may continue to con- recruitment and use of children as soldiers.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.089 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3441 (F) An assessment of the Burmese mili- (A) senior officials of the military and se- (B) submit to the appropriate congres- tary’s use of violence against women, sexual curity forces of Burma that the President de- sional committees a report, in classified violence, or other gender-based violence as a termines have knowingly played a direct and form if necessary, on the procedures for in- tool of terror, war, or crimes against human- significant role in the commission of gross cluding those individuals on the SDN list ity. violations of human rights, war crimes, or under existing authorities of the Department (f) CIVILIAN CHANNELS.—Any program initi- crimes against humanity (including sexual of the Treasury. ated under this section shall use appropriate or gender-based violence), in Burma, includ- (2) INDIVIDUALS SPECIFIED.—The individuals civilian government channels with the demo- ing against the Rohingya minority popu- specified in this paragraph are— cratically elected Government of Burma. lation; and (A) the head of a unit of the military or se- (g) REGULAR CONSULTATIONS.—Any new (B) entities owned or controlled by offi- curity forces of Burma that was operational program or activity in Burma initiated cials described in subparagraph (A). during the so-called ‘‘clearance operations’’ under this section shall be subject to prior (2) INCLUSIONS.—The list required by para- that began during or after October 2016, in- consultation with the appropriate congres- graph (1) shall include— cluding— sional committees. (A) each senior official of the military and (i) Senior General Min Aung Hlaing; SEC. 1298. TRADE RESTRICTIONS. security forces of Burma— (ii) Deputy Commander-in-Chief and Vice (a) REINSTATEMENT OF IMPORT RESTRIC- (i) in charge of a unit that was operational Senior-General Soe Win; TIONS ON JADEITE AND RUBIES FROM BURMA.— during the so-called ‘‘clearance operations’’ (iii) the Commander of the 33rd Light In- (1) IN GENERAL.—Section 3A of the Burmese that began during or after October 2016; and fantry Division, Brigadier-General Aung Freedom and Democracy Act of 2003 (Public (ii) who— Aung; and Law 108–61; 50 U.S.C. 1701 note) is amended (I) knew, or should have known, that the (iv) the Commander of the 99th Light In- by adding at the end the following: official’s subordinates were committing fantry Division, Brigadier-General Than Oo; ‘‘(i) TERMINATION.—Notwithstanding sec- gross violations of human rights, war crimes, and tion 9, this section shall remain in effect or crimes against humanity (including sex- (B) any senior official of the military or se- until the President determines and certifies ual or gender-based violence); and curity forces of Burma for which the Presi- to the appropriate congressional committees (II) failed to take adequate steps to pre- dent determines there are credible reports that the Government of Burma has taken vent such violations or crimes or punish the that the official— measures to reform the gemstone industry in subordinates responsible for such violations (i) aided, participated in, or is otherwise Burma, including measures to require— or crimes; and implicated in gross violations of human ‘‘(1) the disclosure of the ultimate bene- (B) each entity owned or controlled by an rights, war crimes, or crimes against human- ficial ownership of entities in that industry; official described in subparagraph (A). ity (including sexual or gender-based vio- and (3) UPDATES.—Not later than one year after lence), in Burma; ‘‘(2) the publication of project revenues, the date of the enactment of this Act, and (ii)(I) knew, or should have known, that payments, and contract terms relating to not less frequently than every 180 days the official’s subordinates were committing that industry.’’. thereafter, the President shall submit to the such violations or crimes; and (2) CONFORMING AMENDMENTS.—Section 3A appropriate congressional committees an up- (II) failed to take adequate steps to pre- of the Burmese Freedom and Democracy Act dated version of the list required by para- vent such violations or crimes or punish the of 2003 is further amended— graph (1). subordinates responsible for such violations (A) in subsection (b)— (b) SANCTIONS.— or crimes; or (i) in paragraph (1), by striking ‘‘until such (1) VISA BAN.—The Secretary of State shall time’’ and all that follows through ‘‘2008’’ (iii) took significant steps to impede the deny a visa to, and the Secretary of Home- investigation or prosecution of such viola- and inserting ‘‘beginning on the date that is land Security shall exclude from the United 15 days after the date of the enactment of tions or crimes. States, any individual included in the most (d) TERMINATION OF SANCTIONS.—The Presi- the Burma Human Rights and Freedom Act recent list required by subsection (a). dent may terminate the application of sanc- of 2019’’; and (2) BLOCKING OF PROPERTY.— tions under this section with respect to an (ii) in paragraph (3), by striking ‘‘the date (A) IN GENERAL.—The Secretary of the individual placed on the list required by sub- of the enactment of this Act’’ and inserting Treasury shall, pursuant to the Inter- section (a) under paragraph (1)(A) of that ‘‘the date of the enactment of the Burma national Emergency Economic Powers Act subsection, or an entity placed on that list Human Rights and Freedom Act of 2019’’; and (50 U.S.C. 1701 et seq.), block and prohibit all because the entity is owned or controlled by (B) in subsection (c)(1), by striking ‘‘until transactions in all property and interests in such an individual, if the President deter- such time’’ and all that follows through property of a person included in the most re- mines and reports to the appropriate con- ‘‘2008’’ and inserting ‘‘beginning on the date cent list required by subsection (a) if such gressional committees not later than 15 days that is 15 days after the date of the enact- property and interests in property are in the before the termination of the sanctions ment of the Burma Human Rights and Free- United States, come within the United that— dom Act of 2019’’. States, or are or come within the possession (1) the individual has— (3) EFFECTIVE DATE.—The amendments or control of a United States person. (A) publicly acknowledged the role of the made by this subsection shall apply with re- (B) INAPPLICABILITY OF NATIONAL EMER- individual in committing past gross viola- spect to articles entered, or withdrawn from GENCY REQUIREMENT.—The requirements of tions of human rights, war crimes, or crimes warehouse for consumption, on or after the section 202 of the International Emergency against humanity (including sexual or gen- 15th day after the date of the enactment of Economic Powers Act (50 U.S.C. 1701) shall der-based violence); this Act. not apply for purposes of this paragraph. (B) cooperated with independent efforts to (b) REVIEW OF ELIGIBILITY FOR GENERAL- (3) AUTHORITY FOR ADDITIONAL FINANCIAL investigate such violations or crimes; IZED SYSTEM OF PREFERENCES.— SANCTIONS.—The Secretary of the Treasury (C) been held accountable for such viola- (1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the may, in consultation with the Secretary of tions or crimes; and President shall submit to the committees State, prohibit or impose strict conditions (D) demonstrated substantial progress in specified in paragraph (2) a report that in- on the opening or maintaining in the United reforming the individual’s behavior with re- cludes a detailed review of the eligibility of States of a correspondent account or pay- spect to the protection of human rights in Burma for preferential duty treatment under able-through account by a foreign financial the conduct of civil-military relations; and the Generalized System of Preferences under institution that the President determines (2) removing the individual or entity from title V of the Trade Act of 1974 (19 U.S.C. 2461 has, on or after the date of the enactment of the list is in the national interest of the et seq.). this Act, knowingly conducted or facilitated United States. (e) EXCEPTIONS.— (2) COMMITTEES SPECIFIED.—The commit- a significant transaction or transactions on tees specified in this paragraph are— behalf of a person included in the most re- (1) HUMANITARIAN ASSISTANCE.—A require- (A) the Committee on Appropriations, the cent list required by subsection (a) or in- ment to impose sanctions under this section Committee on Finance, and the Committee cluded on the SDN list pursuant to sub- shall not apply with respect to the provision on Foreign Relations of the Senate; and section (c). of medicine, medical equipment or supplies, (B) the Committee on Appropriations, the (4) RULE OF CONSTRUCTION.—Nothing in this food, or any other form of humanitarian or Committee on Foreign Affairs, and the Com- subsection may be construed to apply with human rights-related assistance provided to mittee on Ways and Means of the House of respect to any transaction with a nongovern- Burma in response to a humanitarian crisis. Representatives. mental humanitarian organization in (2) UNITED NATIONS HEADQUARTERS AGREE- MENT SEC. 1299. VISA BAN AND ECONOMIC SANCTIONS Burma. .—Subsection (b)(1) shall not apply to WITH RESPECT TO MILITARY OFFI- (c) CONSIDERATION OF INCLUSIONS IN SDN the admission of an individual to the United CIALS RESPONSIBLE FOR HUMAN LIST.— States if such admission is necessary to com- RIGHTS VIOLATIONS. (1) IN GENERAL.—Not later than 180 days ply with United States obligations under the (a) LIST REQUIRED.— after the date of the enactment of this Act, Agreement between the United Nations and (1) IN GENERAL.—Not later than 180 days the President shall— the United States of America regarding the after the date of the enactment of this Act, (A) determine whether the individuals Headquarters of the United Nations, signed the President shall submit to the appro- specified in paragraph (2) should be included at Lake Success June 26, 1947, and entered priate congressional committees a list of— on the SDN list; and into force November 21, 1947, or under the

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.089 S12JNPT1 S3442 CONGRESSIONAL RECORD — SENATE June 12, 2019 Convention on Consular Relations, done at priate congressional committees a strategy viduals who engaged in or organized such in- Vienna April 24, 1963, and entered into force to support sustainable, inclusive, and broad- cidents; and March 19, 1967, or other international obliga- based economic development, in accordance (E) to the extent possible, a description of tions of the United States. with the priorities of disadvantaged commu- the conventional and unconventional weap- (3) EXCEPTION RELATING TO IMPORTATION OF nities in Burma and in consultation with rel- ons used for such crimes and the origins of GOODS.— evant civil society and local stakeholders, such weapons; (A) IN GENERAL.—The authority to block and to improve economic conditions and gov- (2) a description and assessment by the De- and prohibit all transactions in all property ernment transparency. partment of State, the United States Agency and interests in property under this section (b) ELEMENTS.—The strategy required by for International Development, the Depart- shall not include the authority to impose subsection (a) shall include a roadmap— ment of Justice, and other appropriate Fed- sanctions on the importation of goods. (1) to assess and recommend measures to eral departments and agencies of programs (B) GOOD DEFINED.—In this paragraph, the diversify control over and access to partici- that the United States Government has al- term ‘‘good’’ means any article, natural or pation in key industries and sectors, includ- ready or is planning to undertake to ensure man-made substance, material, supply or ing efforts to remove barriers and increase accountability for credible reports of war manufactured product, including inspection competition, access, and opportunity in sec- crimes, crimes against humanity, including and test equipment, and excluding technical tors dominated by officials of the Burmese sexual and gender-based violence, and geno- data. military, former military officials, and their cide perpetrated against the Rohingya and (f) WAIVER.—The President may waive a re- families, and businesspeople connected to other ethnic minority groups by the Govern- quirement of this section if the Secretary of the military of Burma, with the goal of ment, security forces, and military of State, in consultation with the Secretary of eliminating the role of the military in the Burma, violent extremist groups, and other the Treasury, determines and reports to the economy of Burma; combatants involved in the conflict, includ- appropriate congressional committees that (2) to increase transparency disclosure re- ing programs— the waiver is important to the national secu- quirements in key sectors of the economy of (A) to train investigators within and out- rity interest of the United States. Burma to promote responsible investment, side of Burma and Bangladesh on how to doc- (g) IMPLEMENTATION; PENALTIES.— including through efforts— ument, investigate, develop findings of, and (1) IMPLEMENTATION.—The President may (A) to provide technical support to develop identify and locate alleged perpetrators of exercise all authorities provided under sec- and implement policy reforms related to such crimes in Burma; tions 203 and 205 of the International Emer- public disclosure of the beneficial owners of (B) to promote and prepare for a transi- gency Economic Powers Act (50 U.S.C. 1702 entities in key sectors identified by the Gov- tional justice process or processes for the and 1704) to carry out this section. ernment of Burma, specifically by— perpetrators of such crimes in Burma; and (2) PENALTIES.—A person that violates, at- (i) working with the Government of Burma (C) to document, collect, preserve, and pro- tempts to violate, conspires to violate, or to require— tect evidence of reports of such crimes in causes a violation of paragraph (2) or (3) of (I) the disclosure of the ultimate beneficial Burma, including support for Burmese and subsection (b) or any regulation, license, or ownership of entities in the ruby industry; Bangladeshi, foreign, and international non- order issued to carry out either such para- and governmental organizations, the United Na- graph shall be subject to the penalties set (II) the publication of project revenues, tions Human Rights Council’s investigative forth in subsections (b) and (c) of section 206 payments, and contract terms relating to team, and other entities; and of the International Emergency Economic that industry; and (3) A detailed study of the feasibility and Powers Act (50 U.S.C. 1705) to the same ex- (ii) ensuring that reforms complement dis- desirability of potential transitional justice tent as a person that commits an unlawful closures due to be put in place in Burma as mechanisms for Burma, including a hybrid act described in subsection (a) of that sec- a result of its participation in the Extrac- or ad hoc tribunal as well as other inter- tion. tives Industry Transparency Initiative; and national justice and accountability options. (h) REPORT TO CONGRESS ON DIPLOMATIC (B) to identify the persons seeking or se- The report should be produced in consulta- ENGAGEMENT.—Not later than 180 days after curing access to the most valuable resources tion with Rohingya representatives and the date of the enactment of this Act, and of Burma; and those of other ethnic minorities who have annually thereafter, the President shall sub- (3) to promote universal access to reliable, suffered grave human rights abuses. mit to the appropriate congressional com- affordable, energy efficient, and sustainable mittees a report on diplomatic efforts to im- (c) PROTECTION OF WITNESSES AND EVI- pose coordinated sanctions with respect to power, including leveraging United States DENCE.—The Secretary shall take due care to persons sanctioned under— assistance to support reforms in the power ensure that the identification of witnesses (1) section 1299; or sector and electrification projects that in- and physical evidence are not publicly dis- (2) section 1263 of the Global Magnitsky crease energy access, in partnership with closed in a manner that might place such Human Rights Accountability Act (subtitle multilateral organizations and the private persons at risk of harm or encourage the de- F of title XII of Public Law 114–328; 22 U.S.C. sector. struction of evidence by the Government of 2656 note) for activities described in sub- SEC. 1299B. REPORT ON CRIMES AGAINST HU- Burma. section (a) of that section in or with respect MANITY AND SERIOUS HUMAN RIGHTS ABUSES IN BURMA. SEC. 1299C. TECHNICAL ASSISTANCE AUTHOR- to Burma. IZED. (i) DEFINITIONS.—In this section: (a) IN GENERAL.—Not later than 90 days (a) IN GENERAL.—The Secretary of State, (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- after the date of the enactment of this Act, in consultation with the Department of Jus- ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- the Secretary of State shall submit to the count’’, ‘‘correspondent account’’, and ‘‘pay- appropriate congressional committees a re- tice and other appropriate Federal depart- able-through account’’ have the meanings port detailing the credible reports of crimes ments and agencies, is authorized to provide given those terms in section 5318A of title 31, against humanity and serious human rights appropriate assistance to support entities United States Code. abuses committed against the Rohingya and that, with respect to credible reports of war crimes, crimes against humanity, including (2) KNOWINGLY.—The term ‘‘knowingly’’, other ethnic minorities in Burma, including with respect to conduct, a circumstance, or a credible reports of war crimes, crimes sexual and gender-based violence, and geno- result, means that a person has actual against humanity, and genocide, and on po- cide perpetrated by the military, security knowledge, or should have known, of the tential transnational justice mechanisms in forces, and Government of Burma, Buddhist conduct, the circumstance, or the result. Burma. militias, and all other armed groups fighting in Rakhine State— (3) SDN LIST.—The term ‘‘SDN list’’ means (b) ELEMENTS.—The reports required under the list of specially designated nationals and subsection (a) shall include— (1) identify suspected perpetrators of such blocked persons maintained by the Office of (1) a description of credible reports of war crimes; Foreign Assets Control of the Department of crimes, crimes against humanity, including (2) collect, document, and protect evidence the Treasury. sexual and gender-based violence, and geno- of crimes and preserve the chain of custody for such evidence; (4) UNITED STATES PERSON.—The term cide perpetrated against the Rohingya and ‘‘United States person’’ has the meaning other ethnic minorities in Burma, includ- (3) conduct criminal investigations; and given that term in section 595.315 of title 31, ing— (4) support investigations by third-party Code of Federal Regulations (as in effect on (A) incidents that may constitute such states, as appropriate. the day before the date of the enactment of crimes committed by the Burmese military, (b) ADDITIONAL ASSISTANCE.—The Sec- this Act). and other actors involved in the violence; retary of State, after consultation with ap- SEC. 1299A. STRATEGY FOR PROMOTING ECO- (B) the role of the civilian government in propriate Federal departments and agencies NOMIC DEVELOPMENT. the commission of such crimes; and the appropriate congressional commit- (a) IN GENERAL.—Not later than 180 days (C) incidents that may constitute such tees, and taking into account the findings of after the date of the enactment of this Act, crimes committed by violent extremist the transitional justice study required under the Secretary of State, the Secretary of the groups or antigovernment forces; section 1299B(b)(3), is authorized to provide Treasury, and the Administrator of the (D) any incidents that may violate the assistance to support the creation and oper- United States Agency for International De- principle of medical neutrality and, if pos- ation of transitional justice mechanisms for velopment shall jointly submit to the appro- sible, identification of the individual or indi- Burma.

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.089 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3443 SEC. 1299D. SENSE OF CONGRESS ON PRESS ‘‘(2) the date on which the overseas contin- SEC. 1533. EMPLOYMENT STATUS OF ANNU- FREEDOM. gency operation exceeds 60 days.’’. ITANTS FOR INSPECTORS GENERAL In order to promote freedom of the press in FOR OVERSEAS CONTINGENCY OP- Burma, it is the sense of Congress that— (b) ESTABLISHMENT OF LEAD INSPECTOR ERATIONS. (1) Reuters journalists Wa Lone and Kyaw GENERAL BASED ON NOTIFICATION.—Section Section 8L(d) of the Inspector General Act Soe Oo should be immediately released and 8L of the Inspector General Act of 1978 (5 of 1978 (5 U.S.C. App.) is amended— should have access to lawyers and their fam- U.S.C. App.) is amended— (1) in paragraph (2)(E), by inserting ‘‘(with- ilies; and (1) in subsection (a)— out regard to subsection (b)(2) of such sec- (2) the Government of Burma should repeal (A) by striking ‘‘Upon the commencement’’ tion)’’ after ‘‘United States Code,’’; the Official Secrets Act, a colonial-era law and all that follows through ‘‘the Chair’’ and (2) in paragraph (3), by amending subpara- that was used to arrest these journalists, as inserting ‘‘The Chair’’; and graph (C) to read as follows: ‘‘(C)(i) An annuitant receiving an annuity well as other laws that are used to arrest (B) by inserting before the period at the under the Foreign Service Retirement and journalists and undermine press freedom end the following: ‘‘upon the earlier of— Disability System or the Foreign Service around the world. ‘‘(1) the commencement or designation of a SEC. 1299E. MEASURES RELATING TO MILITARY Pension System under chapter 8 of title I of military operation as an overseas contin- the Foreign Service Act of 1980 (22 U.S.C. COOPERATION BETWEEN BURMA gency operation that exceeds 60 days; or AND NORTH KOREA. 4041 et seq.) who is reemployed under this ‘‘(2) receipt of a notification under section (a) IMPOSITION OF SANCTIONS.— subsection— 113(n) of title 10, United States Code, with re- (1) IN GENERAL.—The President may, with ‘‘(I) shall continue to receive the annuity; respect to any person described in paragraph spect to an overseas contingency operation’’; and (2)— and ‘‘(II) shall not be considered a participant (A) impose the sanctions described in para- (2) in subsection (d)(1), by striking ‘‘the for purposes of chapter 8 of title I of the For- graph (1) or (3) of section 1299(b); or commencement or designation of the mili- eign Service Act of 1980 (22 U.S.C. 4041 et (B) include that person on the SDN list (as tary operation concerned as an overseas con- seq.) or an employee for purposes of sub- defined in section 1299(i)). tingency operation that exceeds 60 days’’ and chapter III of chapter 83 or chapter 84 of title (2) PERSONS DESCRIBED.—A person de- inserting ‘‘the earlier of— 5, United States Code. scribed in this paragraph is an official of the ‘‘(A) the commencement or designation of ‘‘(ii) An annuitant described in clause (i) Government of Burma or an individual or en- the military operation concerned as an over- may elect in writing for the reemployment tity acting on behalf of that Government seas contingency operation that exceeds 60 of the annuitant under this subsection to be that the President determines purchases or days; or subject to section 824 of the Foreign Service otherwise acquires defense articles from the ‘‘(B) receipt of a notification under section Act of 1980 (22 U.S.C. 4064). A reemployed an- Government of North Korea or an individual 113(n) of title 10, United States Code, with re- nuitant shall make an election under this or entity acting on behalf of that Govern- spect to an overseas contingency operation’’. clause not later than 90 days after the date ment. of the reemployment of the annuitant.’’; and SEC. 1532. CLARIFICATION OF AUTHORITY OF IN- (b) RESTRICTION ON FOREIGN ASSISTANCE.— (3) by adding at the end the following: SPECTORS GENERAL FOR OVERSEAS The President may terminate or reduce the ‘‘(5)(A) A person employed by a lead In- CONTINGENCY OPERATIONS. provision of United States foreign assistance spector General for an overseas contingency to Burma if the President determines that Section 8L(d)(2) of the Inspector General operation under this section shall acquire the Government of Burma does not Act of 1978 (5 U.S.C. App.) is amended— competitive status for appointment to any verifiably and irreversibly eliminate all pur- (1) in subparagraph (D)— position in the competitive service for which the employee possesses the required quali- chases or other acquisitions of defense arti- (A) in clause (i), by striking ‘‘to exercise’’ fications upon the completion of 2 years of cles by persons described in subsection (a)(2) and all that follows through ‘‘such matter’’ continuous service as an employee under this from the Government of North Korea or indi- and inserting ‘‘to identify and coordinate viduals or entities acting on behalf of that section. with the Inspector General who has principal ‘‘(B) No person who is first employed as de- Government. jurisdiction over the matter to ensure effec- (c) DEFENSE ARTICLE DEFINED.—In this sec- scribed in subparagraph (A) more than 2 tive oversight’’; and tion, the term ‘‘defense article’’ has the years after the date of the enactment of the meaning given that term in section 47 of the (B) by adding at the end the following: National Defense Authorization Act for Fis- Arms Export Control Act (22 U.S.C. 2794). ‘‘(iii)(I) Upon written request by the In- cal Year 2020 may acquire competitive status spector General with principal jurisdiction SEC. 1299F. NO AUTHORIZATION FOR THE USE OF under subparagraph (A).’’. MILITARY FORCE. over a matter with respect to the contin- Nothing in this subtitle shall be construed gency operation, and with the approval of SA 380. Mr. REED (for himself and as an authorization for the use of force. the lead Inspector General, an Inspector Ms. SMITH) submitted an amendment General specified in subsection (c) may pro- intended to be proposed by him to the SA 379. Mr. PETERS submitted an vide investigative support or conduct an bill S. 1790, to authorize appropriations amendment intended to be proposed by independent investigation of an allegation of for fiscal year 2020 for military activi- him to the bill S. 1790, to authorize ap- criminal activity by any United States per- ties of the Department of Defense, for propriations for fiscal year 2020 for sonnel, contractor, subcontractor, grantee, military construction, and for defense military activities of the Department or vendor in the applicable theater of oper- activities of the Department of Energy, of Defense, for military construction, ations. to prescribe military personnel and for defense activities of the De- ‘‘(II) In the case of a determination by the strengths for such fiscal year, and for partment of Energy, to prescribe mili- lead Inspector General that no Inspector General has principal jurisdiction over a other purposes; which was ordered to tary personnel strengths for such fiscal matter with respect to the contingency oper- lie on the table; as follows: year, and for other purposes; which was ation, the lead Inspector General may— At the end of subtitle H of title X, add the ordered to lie on the table; as follows: ‘‘(aa) conduct an independent investigation following: At the end of title XV, add the following: of an allegation described in subclause (I); or SEC. llll. LIBERIAN REFUGEE IMMIGRATION Subtitle C—Inspectors General Matters ‘‘(bb) request that an Inspector General FAIRNESS. (a) DEFINITIONS.—In this section: SEC. 1531. ESTABLISHMENT OF LEAD INSPECTOR specified in subsection (c) conduct such in- (1) IN GENERAL.—Except as otherwise spe- GENERAL FOR AN OVERSEAS CON- vestigation.’’; and cifically provided, any term used in this Act TINGENCY OPERATION BASED ON (2) by adding at the end the following: that is used in the immigration laws shall SECRETARY OF DEFENSE NOTIFICA- ‘‘(I) To enhance cooperation among Inspec- have the meaning given the term in the im- TION. tors General and encourage comprehensive (a) NOTIFICATION ON COMMENCEMENT OF migration laws. oversight of the contingency operation, any OCO.—Section 113 of title 10, United States (2) IMMIGRATION LAWS.—The term ‘‘immi- Inspector General responsible for conducting Code, is amended by adding at the end the gration laws’’ has the meaning given the oversight of any program or operation per- following new subsection: term in section 101(a)(17) of the Immigration ‘‘(n) NOTIFICATION OF CERTAIN OVERSEAS formed in support of the contingency oper- and Nationality Act (8 U.S.C. 1101(a)(17)). CONTINGENCY OPERATIONS FOR PURPOSES OF ation may, to the maximum extent prac- (3) SECRETARY.—The term ‘‘Secretary’’ INSPECTOR GENERAL ACT OF 1978.—The Sec- ticable and consistent with the duties, re- means the Secretary of Homeland Security. retary of Defense shall provide the Chair of sponsibilities, policies, and procedures of (b) ADJUSTMENT OF STATUS.— the Council of Inspectors General on Integ- such Inspector General— (1) IN GENERAL.—Except as provided in rity and Efficiency written notification of ‘‘(i) coordinate such oversight activities paragraph (3), the Secretary shall adjust the the commencement or designation of a mili- with the lead Inspector General; and status of an alien described in subsection (c) tary operation as an overseas contingency ‘‘(ii) provide information requested by the to that of an alien lawfully admitted for per- operation upon the earlier of— lead Inspector General relating to the re- manent residence if the alien— ‘‘(1) a determination by the Secretary that sponsibilities of the lead Inspector General (A) applies for adjustment not later than 1 the overseas contingency operation is ex- described in subparagraphs (B), (C), and year after the date of the enactment of this pected to exceed 60 days; or (G).’’. Act;

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(B) is otherwise eligible to receive an im- (A) IN GENERAL.—Except as provided in alien from seeking any status under any migrant visa; and subparagraph (B), notwithstanding any pro- other provision of law for which the alien (C) subject to paragraph (2), is admissible vision of the Immigration and Nationality may otherwise be eligible. to the United States for permanent resi- Act (8 U.S.C. 1101 et seq.), the Secretary may dence. not order an alien to be removed from the SA 381. Ms. COLLINS (for herself and (2) APPLICABILITY OF GROUNDS OF INADMIS- United States if the alien— Ms. KLOBUCHAR) submitted an amend- SIBILITY.—In determining the admissibility (i) is in exclusion, deportation, or removal ment intended to be proposed by her to of an alien under paragraph (1)(C), the proceedings under any provision of such Act; the bill S. 1790, to authorize appropria- grounds of inadmissibility specified in para- and tions for fiscal year 2020 for military graphs (4), (5), (6)(A), and (7)(A) of section (ii) has submitted an application for ad- 212(a) of the Immigration and Nationality justment of status under subsection (b). activities of the Department of De- Act (8 U.S.C. 1182(a)) shall not apply. (B) EXCEPTION.—The Secretary may order fense, for military construction, and (3) EXCEPTIONS.—An alien shall not be eli- an alien described in subparagraph (A) to be for defense activities of the Depart- gible for adjustment of status under this sub- removed from the United States if the Sec- ment of Energy, to prescribe military section if the Secretary determines that the retary has made a final determination to personnel strengths for such fiscal alien— deny the application for adjustment of sta- year, and for other purposes; which was (A) has been convicted of any aggravated tus under subsection (b) of the alien. ordered to lie on the table; as follows: felony; (3) WORK AUTHORIZATION.— At the end of subtitle E of title V, add the (B) has been convicted of 2 or more crimes (A) IN GENERAL.—The Secretary may— following: involving moral turpitude (other than a (i) authorize an alien who has applied for purely political offense); or adjustment of status under subsection (b) to SEC. 569. PARTICIPATION OF OTHER FEDERAL (C) has ordered, incited, assisted, or other- AGENCIES IN THE SKILLBRIDGE AP- engage in employment in the United States PRENTICESHIP AND INTERNSHIP wise participated in the persecution of any during the period in which a determination person on account of race, religion, nation- PROGRAM FOR MEMBERS OF THE on such application is pending; and ARMED FORCES. ality, membership in a particular social (ii) provide such alien with an ‘‘employ- Section 1143(e) of title 10, United States group, or political opinion. ment authorized’’ endorsement or other ap- Code, is amended— (4) RELATIONSHIP OF APPLICATION TO CER- propriate document signifying authorization (1) by redesignating paragraph (3) as para- TAIN ORDERS.— of employment. graph (4); and (A) IN GENERAL.—An alien present in the (B) PENDING APPLICATIONS.—If an applica- (2) by inserting after paragraph (2) the fol- United States who has been subject to an tion for adjustment of status under sub- lowing new paragraph (3): order of exclusion, deportation, removal, or section (b) is pending for a period exceeding ‘‘(3) Any program under this subsection voluntary departure under any provision of 180 days and has not been denied, the Sec- may be carried out at, through, or in con- the Immigration and Nationality Act (8 retary shall authorize employment for the sultation with such other departments or U.S.C. 1101 et seq.) may, notwithstanding applicable alien. agencies of the Federal Government as the such order, submit an application for adjust- (e) RECORD OF PERMANENT RESIDENCE.—On ment of status under this subsection if the Secretary of the military department con- the approval of an application for adjust- cerned considers appropriate.’’. alien is otherwise eligible for adjustment of ment of status under subsection (b) of an status under paragraph (1). alien, the Secretary shall establish a record SA 382. Mr. REED (for himself, Mr. (B) SEPARATE MOTION NOT REQUIRED.—An of admission for permanent residence for the CRAMER, Mr. KENNEDY, Ms. COLLINS, alien described in subparagraph (A) shall not alien as of the date of the arrival of the alien Mr. JONES, Ms. CORTEZ MASTO, and Mr. be required, as a condition of submitting or in the United States. granting an application under this sub- (f) AVAILABILITY OF ADMINISTRATIVE RE- WARNER) submitted an amendment in- section, to file a separate motion to reopen, VIEW.—The Secretary shall provide appli- tended to be proposed by him to the reconsider, or vacate an order described in cants for adjustment of status under sub- bill S. 1790, to authorize appropriations subparagraph (A). section (b) with the same right to, and proce- for fiscal year 2020 for military activi- (C) EFFECT OF DECISION BY SECRETARY.— dures for, administrative review as are pro- ties of the Department of Defense, for (i) GRANT.—If the Secretary adjusts the vided to— status of an alien pursuant to an application military construction, and for defense (1) applicants for adjustment of status activities of the Department of Energy, under this subsection, the Secretary shall under section 245 of the Immigration and Na- cancel any order described in subparagraph tionality Act (8 U.S.C. 1255); and to prescribe military personnel (A) to which the alien has been subject. (2) aliens subject to removal proceedings strengths for such fiscal year, and for (ii) DENIAL.—If the Secretary makes a final under section 240 of such Act (8 U.S.C. 1229a). other purposes; which was ordered to decision to deny such application, any such (g) LIMITATION ON JUDICIAL REVIEW.— lie on the table; as follows: order shall be effective and enforceable to (1) IN GENERAL.—A determination by the At the end of subtitle H of title X, add the the same extent that such order would be ef- Secretary with respect to the adjustment of following: fective and enforceable if the application had status of any alien under this section is final SEC. lll. CYBERSECURITY TRANSPARENCY. not been made. and shall not be subject to review by any The Securities Exchange Act of 1934 (15 (c) ALIENS ELIGIBLE FOR ADJUSTMENT OF court. U.S.C. 78a et seq.) is amended by inserting STATUS.— (2) RULE OF CONSTRUCTION.—Nothing in after section 14B (15 U.S.C. 78n–2) the fol- (1) IN GENERAL.—The benefits provided paragraph (1) shall be construed to preclude lowing: under subsection (b) shall apply to any alien the review of a constitutional claim or a who— question of law under section 704 of title 5, ‘‘SEC. 14C. CYBERSECURITY TRANSPARENCY. (A)(i) is a national of Liberia; and United States Code, with respect to a denial ‘‘(a) DEFINITIONS.—In this section— (ii) has been continuously present in the of adjustment of status under this section. ‘‘(1) the term ‘cybersecurity’ means any United States during the period beginning on (h) NO OFFSET IN NUMBER OF VISAS AVAIL- action, step, or measure to detect, prevent, November 20, 2014, and ending on the date on ABLE.—The Secretary of State shall not be deter, mitigate, or address any cybersecurity which the alien submits an application under required to reduce the number of immigrant threat or any potential cybersecurity threat; subsection (b); or visas authorized to be issued under any pro- ‘‘(2) the term ‘cybersecurity threat’— (B) is the spouse, child, or unmarried son vision of the Immigration and Nationality ‘‘(A) means an action, not protected by the or daughter of an alien described in subpara- Act (8 U.S.C. 1101 et seq.) to offset the adjust- First Amendment to the Constitution of the graph (A). ment of status of an alien who has been law- United States, on or through an information (2) DETERMINATION OF CONTINUOUS PHYSICAL fully admitted for permanent residence pur- system that may result in an unauthorized PRESENCE.—For purposes of establishing the suant to this section. effort to adversely impact the security, period of continuous physical presence re- (i) APPLICATION OF IMMIGRATION AND NA- availability, confidentiality, or integrity of ferred to in paragraph (1)(A)(ii), an alien TIONALITY ACT PROVISIONS.— an information system or information that shall not be considered to have failed to (1) SAVINGS PROVISION.—Nothing in this is stored on, processed by, or transiting an maintain continuous physical presence based Act may be construed to repeal, amend, information system; and on 1 or more absences from the United alter, modify, effect, or restrict the powers, ‘‘(B) does not include any action that sole- States for 1 or more periods amounting, in duties, function, or authority of the Sec- ly involves a violation of a consumer term of the aggregate, to not more than 180 days. retary in the administration and enforce- service or a consumer licensing agreement; (d) STAY OF REMOVAL.— ment of the Immigration and Nationality ‘‘(3) the term ‘information system’— (1) IN GENERAL.—The Secretary shall pro- Act (8 U.S.C. 1101 et seq.) or any other law ‘‘(A) has the meaning given the term in mulgate regulations establishing procedures relating to immigration, nationality, or nat- section 3502 of title 44, United States Code; by which an alien who is subject to a final uralization. and order of deportation, removal, or exclusion, (2) EFFECT OF ELIGIBILITY FOR ADJUSTMENT ‘‘(B) includes industrial control systems, may seek a stay of such order based on the OF STATUS.—The eligibility of an alien to be such as supervisory control and data acquisi- filing of an application under subsection (b). lawfully admitted for permanent residence tion systems, distributed control systems, (2) DURING CERTAIN PROCEEDINGS.— under this section shall not preclude the and programmable logic controllers;

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.090 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3445 ‘‘(4) the term ‘NIST’ means the National (2) Support for training and other support authorize appropriations for fiscal year Institute of Standards and Technology; and for instructors to improve digital engineer- 2020 for military activities of the De- ‘‘(5) the term ‘reporting company’ means ing education activities relevant to Junior partment of Defense, for military con- any company that is an issuer— Reserve Officers’ Training Corps programs struction, and for defense activities of ‘‘(A) the securities of which are registered and students. under section 12; or (3) Efforts and activities that improve the the Department of Energy, to prescribe ‘‘(B) that is required to file reports under quality of digital engineering education, military personnel strengths for such section 15(d). training opportunities, and curricula for stu- fiscal year, and for other purposes; ‘‘(b) REQUIREMENT TO ISSUE RULES.—Not dents and instructors. which was ordered to lie on the table; later than 360 days after the date of enact- (4) Development of professional develop- as follows: ment of this section, the Commission shall ment opportunities, demonstrations, men- At appropriate place in title X, insert the issue final rules to require each reporting toring programs, and informal education for following: company, in the annual report of the report- students and instructors. SEC. lll. TERMINATION OF LEASES OF PREM- (d) METRICS.—The Secretary of Defense ing company submitted under section 13 or ISES AND MOTOR VEHICLES OF section 15(d) or in the annual proxy state- shall establish outcome-based metrics and SERVICEMEMBERS WHO INCUR CAT- ment of the reporting company submitted internal and external assessments to evalu- ASTROPHIC INJURY OR ILLNESS OR under section 14(a)— ate the merits and benefits of activities con- DIE WHILE IN MILITARY SERVICE. ‘‘(1) to disclose whether any member of the ducted under the pilot program with respect (a) CATASTROPHIC INJURIES AND ILL- governing body, such as the board of direc- to the needs of the Department of Defense. NESSES.—Subsection (a) of section 305 of the tors or general partner, of the reporting (e) AUTHORITIES.—In carrying out the pilot Servicemembers Civil Relief Act (50 U.S.C. company has expertise or experience in program, the Secretary of Defense may use 3955), as amended by section 301 of the Vet- cybersecurity and in such detail as necessary the authorities under chapter 111 and sec- erans Benefits and Transition Act of 2018 to fully describe the nature of the expertise tions 2363, 2605, and 2374a of title 10, United (Public Law 115–407), is further amended by or experience; and States Code, and such other authorities the adding at the end the following new para- ‘‘(2) if no member of the governing body of Secretary considers appropriate. graph: the reporting company has expertise or expe- (f) REPORT.—Not later than two years after ‘‘(4) CATASTROPHIC INJURY OR ILLNESS OF rience in cybersecurity, to describe what the date of the enactment of this Act, the LESSEE.—The spouse of the lessee on a lease other aspects of the reporting company’s Secretary of Defense shall submit to the described in subsection (b) may terminate cybersecurity were taken into account by Committees on Armed Services of the Senate the lease during the one-year period begin- any person, such as an official serving on a and the House of Representatives a report on ning on the date on which the lessee incurs nominating committee, that is responsible the activities carried out under the pilot pro- a catastrophic injury or illness (as that term for identifying and evaluating nominees for gram. is defined in section 439(g) of title 37, United membership to the governing body. States Code), if the lessee incurs the cata- ‘‘(c) CYBERSECURITY EXPERTISE OR EXPERI- SA 384. Ms. CORTEZ MASTO sub- strophic injury or illness during a period of ENCE.—For purposes of subsection (b), the mitted an amendment intended to be military service or while performing full- Commission, in consultation with NIST, proposed by her to the bill S. 1790, to time National Guard duty, active Guard and shall define what constitutes expertise or ex- authorize appropriations for fiscal year Reserve duty, or inactive-duty training (as perience in cybersecurity using commonly 2020 for military activities of the De- such terms are defined in section 101(d) of defined roles, specialties, knowledge, skills, partment of Defense, for military con- title 10, United States Code).’’. and abilities, such as those provided in NIST struction, and for defense activities of (b) DEATHS.—Paragraph (3) of such sub- Special Publication 800–181, entitled ‘Na- section is amended by striking ‘‘in sub- tional Initiative for Cybersecurity Education the Department of Energy, to prescribe section (b)(1)’’ and inserting ‘‘in subsection (NICE) Cybersecurity Workforce Frame- military personnel strengths for such (b)’’. work’, or any successor thereto.’’. fiscal year, and for other purposes; which was ordered to lie on the table; SA 386. Ms. WARREN (for herself, SA 383. Mr. MURPHY submitted an as follows: Ms. COLLINS, Mr. KING, Mr. DAINES, Mr. amendment intended to be proposed by At the end of subtitle C of title XXVIII, MURPHY, Mr. MORAN, Mr. MARKEY, Mr. him to the bill S. 1790, to authorize ap- add the following: MENENDEZ, Ms. HASSAN, Mr. MERKLEY, propriations for fiscal year 2020 for SEC. 2826. STUDY ON INSTALLATIONS OF THE DE- Mr. JONES, Mr. TESTER, Mr. military activities of the Department PARTMENT OF DEFENSE THAT ARE BLUMENTHAL, Mr. BOOKER, Mrs. of Defense, for military construction, DESIGNATED AS REMOTE OR ISO- LATED. SHAHEEN, Mr. VAN HOLLEN, Ms. and for defense activities of the De- (a) IN GENERAL.—The Comptroller General STABENOW, Mr. CASEY, Mr. CARDIN, Ms. partment of Energy, to prescribe mili- of the United States shall conduct a study on KLOBUCHAR, Mr. COONS, and Ms. BALD- tary personnel strengths for such fiscal the designation by the Secretary of Defense WIN) submitted an amendment intended year, and for other purposes; which was and the Secretaries of the military depart- to be proposed by her to the bill S. 1790, ordered to lie on the table; as follows: ments of installations of the Department of to authorize appropriations for fiscal At the end of subtitle H of title V, add the Defense as ‘‘remote’’ or ‘‘isolated’’. year 2020 for military activities of the (b) ELEMENTS OF STUDY.—The study con- following: ducted under subsection (a) shall— Department of Defense, for military SEC. 594. PILOT PROGRAM ON DIGITAL ENGI- (1) identify— construction, and for defense activities NEERING FOR THE JUNIOR RE- of the Department of Energy, to pre- SERVE OFFICERS’ TRAINING CORPS. (A) the various definitions within the De- partment of Defense of remote and isolated (a) PILOT PROGRAM REQUIRED.—The Sec- scribe military personnel strengths for retary of Defense shall carry out a pilot pro- installations; such fiscal year, and for other pur- gram in accordance with this section to as- (B) who establishes those definitions; and poses; which was ordered to lie on the sess the feasibility and advisability of activi- (C) the criteria to meet those definitions; table; as follows: ties to enhance the preparation of students (2) assess the uses by the Department of the remote or isolated designation for an in- At the appropriate place in title X, insert in the Junior Reserve Officers’ Training the following: Corps for careers in digital engineering. stallation; and (3) review— SEC. lll. RECOGNITION AND HONORING OF (b) COORDINATION.—In carrying out the SERVICE OF INDIVIDUALS WHO pilot program, the Secretary of Defense may (A) the range of services available at re- mote installations; SERVED IN UNITED STATES CADET coordinate with the following: NURSE CORPS DURING WORLD WAR (1) The Secretary of Education. (B) how those services differ between the II. military departments; and (2) The National Science Foundation. (a) DETERMINATION OF ACTIVE MILITARY (C) the process used to determine whether (3) The heads of such other Federal, State, SERVICE.— those services meet the needs of members of and local government entities as the Sec- (1) IN GENERAL.—The Secretary of Defense retary of Defense considers appropriate. the Armed Forces at those installations. shall be deemed to have determined under (c) REPORT.—Not later than January 30, (4) Such private sector organizations as the subparagraph (A) of section 401(a)(1) of the 2020, the Comptroller General shall submit to Secretary of Defense considers appropriate. GI Bill Improvement Act of 1977 (Public Law Congress, at a minimum, the initial findings (c) ACTIVITIES.—Activities under the pilot 95–202; 38 U.S.C. 106 note) that the service of program may include the following: for the study conducted under subsection (a). the organization known as the United States (1) Establishment of targeted internships Ms. WARREN (for herself, Cadet Nurse Corps during the period begin- and cooperative research opportunities in SA 385. ning on July 1, 1943, and ending on December digital engineering at defense laboratories, Mr. PORTMAN, Mr. TILLIS, Ms. SINEMA, 31, 1948, constitutes active military service. test ranges, and other organizations for stu- Mr. TESTER, and Mrs. FISCHER) sub- (2) ISSUANCE OF DISCHARGE.—Not later than dents in and instructors of the Junior Re- mitted an amendment intended to be one year after the date of the enactment of serve Officers’ Training Corps. proposed by her to the bill S. 1790, to this Act, the Secretary shall, pursuant to

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.090 S12JNPT1 S3446 CONGRESSIONAL RECORD — SENATE June 12, 2019 subparagraph (B) of such section, issue to mental Affairs of the Senate and the chair of the Director of National Intelligence shall each member of such organization a dis- the Committee on Homeland Security of the each designate at least 1 officer or employee charge from service of such organization House of Representatives shall jointly des- of the Department of Defense, the Depart- under honorable conditions where the nature ignate 1 member of the Commission to serve ment of Energy, the Department of State, and duration of the service of such member as Chair of the Commission. the National Security Council, and the intel- so warrants. (B) VICE CHAIRMAN.—The ranking member ligence community, respectively, to serve as (b) BENEFITS.— of the Committee on Armed Services of the a liaison officer with the Commission. (1) STATUS AS A VETERAN.—Except as other- Senate and the ranking member of the Com- (e) STRATEGIC REPORT.— wise provided in this subsection, an indi- mittee on Armed Services of the House of (1) IN GENERAL.—Not later than December vidual who receives a discharge under sub- Representatives shall jointly designate 1 1, 2020, the Commission shall submit a stra- section (a)(2) for service shall be honored as member of the Commission to serve as Vice tegic report containing the Commission’s a veteran but shall not be entitled by reason Chair of the Commission. findings, conclusions, and recommendations of such service to any benefit under a law ad- (3) PERIOD OF APPOINTMENT; VACANCIES.— to— ministered by the Secretary of Veterans Af- Members shall be appointed for the life of (A) the President; fairs. the Commission. Any vacancy in the Com- (B) the Secretary of Defense; (2) BURIAL BENEFITS.—Service for which an mission shall be filled in the same manner as (C) the Secretary of Energy; individual receives a discharge under sub- the original appointment. (D) the Secretary of State; section (a)(2) shall be considered service in (c) DUTIES.— (E) the Secretary of Homeland Security; the active military, naval, or air service (as (1) REVIEW.—After conducting a review of (F) the Director of National Intelligence; defined in section 101 of title 38, United the United States’ current strategy, outlined (G) the Committee on Armed Services of States Code) for purposes of eligibility and in the National Strategy for Countering the Senate; and entitlement to benefits under chapters 23 Weapons of Mass Destruction Terrorism, to (H) the Committee on Armed Services of and 24 of title 38, United States Code. prevent, counter, and respond to nuclear and the House of Representatives. radiological terrorism, the Commission shall (3) MEDALS OR OTHER COMMENDATIONS.—The (2) CONTENTS.—The report required under develop a comprehensive strategy that— Secretary of Defense may design and produce paragraph (1) shall outline how the Federal (A) identifies national and international a service medal or other commendation to Government will— nuclear and radiological terrorism risks and honor individuals who receive a discharge (A) encourage and incentivize other coun- critical emerging threats; under subsection (a)(2). tries and relevant international organiza- (B) prevents state and nonstate actors tions, such as the International Atomic En- from acquiring the technologies, materials, SA 387. Mr. MANCHIN submitted an ergy Agency and INTERPOL, to make nu- and critical expertise needed to mount nu- amendment intended to be proposed by clear and radiological security a priority; clear or radiological attacks; him to the bill S. 1790, to authorize ap- (B) improve cooperation, with a focus on (C) counters efforts by state and nonstate developing and deploying technologies to de- propriations for fiscal year 2020 for actors to mount such attacks; military activities of the Department (D) responds to nuclear and radiological tect and prevent illicit transfers of weapons of Defense, for military construction, terrorism incidents to attribute their origin of mass destruction-related materials, equip- and for defense activities of the De- and help manage their consequences; ment, and technology, and appropriate inte- partment of Energy, to prescribe mili- (E) provides the projected resources to im- gration among Federal entities and Federal, tary personnel strengths for such fiscal plement and sustain the strategy; State, and tribal governments; and (F) delineates indicators for assessing (C) improve cooperation, with a focus on year, and for other purposes; which was developing and deploying technologies to de- ordered to lie on the table; as follows: progress toward implementing the strategy; (G) identifies potential commercial in- tect and prevent illicit transfers of weapons At the appropriate place, insert the fol- terim storage and disposal facilities to safely of mass destruction-related materials, equip- lowing: dispose or store sensitive nuclear and radio- ment, and technology, between the United SEC. ll. CONGRESSIONAL COMMISSION ON PRE- logical materials; States and other countries and international VENTING, COUNTERING, AND RE- (H) makes recommendations for improve- organizations, while focusing on cooperation SPONDING TO NUCLEAR AND RADIO- with China, India, Pakistan, and Russia. LOGICAL TERRORISM. ments to the National Strategy for Coun- (f) TERMINATION.—The Commission shall (a) ESTABLISHMENT.—There is hereby es- tering Weapons of Mass Destruction Ter- tablished a commission, to be known as the rorism; terminate on the date on which the report is ‘‘Congressional Commission on Preventing, (I) determines whether a Nuclear Non- submitted under subsection (e)(1). Countering, and Responding to Nuclear and proliferation Council is needed to oversee Radiological Terrorism’’ (referred to in this and coordinate nuclear nonproliferation, nu- SA 388. Mr. WARNER (for himself Act as the ‘‘Commission’’), which shall de- clear counterproliferation, nuclear security, and Mr. RUBIO) submitted an amend- velop a comprehensive strategy to prevent, and nuclear arms control activities and pro- ment intended to be proposed by him counter, and respond to nuclear and radio- grams of the United States Government; and to the bill S. 1790, to authorize appro- logical terrorism. (J) if the Commission determines that such priations for fiscal year 2020 for mili- (b) COMPOSITION.— council is needed, provides recommendations (1) MEMBERSHIP.—The Commission shall be regarding— tary activities of the Department of composed of 16 members, of whom— (i) appropriate council membership; Defense, for military construction, and (A) 2 shall be appointed by the chairman of (ii) frequency of meetings; for defense activities of the Depart- the Committee on Armed Services of the (iii) responsibilities of the council; ment of Energy, to prescribe military Senate; (iv) coordination within the United States personnel strengths for such fiscal (B) 2 shall be appointed by the ranking mi- Government; and year, and for other purposes; which was nority member of the Committee on Armed (v) congressional reporting requirements. ordered to lie on the table; as follows: Services of the Senate; (2) ASSESSMENT AND RECOMMENDATIONS.— At the end of subtitle C of title II, add the (C) 2 shall be appointed by the chairman of (A) ASSESSMENT.—The Commission shall the Committee on Armed Services of the assess the benefits and risks associated with following: House of Representatives; the current United States strategy in rela- SEC. 243. OFFICE OF CRITICAL TECHNOLOGIES (D) 2 shall be appointed by the ranking mi- tion to nuclear terrorism. AND SECURITY. nority member of the Committee on Armed (B) RECOMMENDATIONS.—The Commission (a) ESTABLISHMENT.—There is established Services of the House of Representatives; shall develop recommendations regarding in the Executive Office of the President an (E) 2 shall be appointed by the chairman of the most effective nuclear terrorism strat- Office of Critical Technology and Security the Committee on Homeland Security and egy. (in this section referred to as the ‘‘Office’’). Governmental Affairs of the Senate; (d) COOPERATION FROM GOVERNMENT.— (b) DIRECTOR.— (F) 2 shall be appointed by the ranking mi- (1) COOPERATION.—In carrying out its du- (1) IN GENERAL.—There shall be at the head nority member of the Committee on Home- ties, the Commission shall receive the full of the Office a Director who shall be ap- land Security and Governmental Affairs of and timely cooperation of the Secretary of pointed by the President. the Senate; Defense, the Secretary of Energy, the Sec- (2) REPORTING.—The Director of the Office (G) 2 shall be appointed by the chairman of retary of Homeland Security, the Secretary shall report directly to the President. the Committee on Homeland Security of the of State, the Director of National Intel- (3) ADDITIONAL ROLES.—In addition to serv- House of Representatives; and ligence, the National Security Council, and ing as the head of the Office, the Director of (H) 2 shall be appointed by the ranking mi- any other United States Government official the Office shall— nority member of the Committee on Home- in providing the Commission with analyses, (A) be a Deputy National Security Advisor land Security of the House of Representa- briefings, and other information necessary for the National Security Council and serve tives. for the fulfillment of its responsibilities. as a member of such council; (2) CHAIRMAN; VICE CHAIRMAN.— (2) LIAISON.—The Secretary of Defense, the (B) be a Deputy Director for the National (A) CHAIRMAN.—The chair of the Com- Secretary of Energy, the Secretary of Home- Economic Council and serve as a member of mittee on Homeland Security and Govern- land Security, the Secretary of State, and such council; and

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.091 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3447 (C) serve as the chairperson of the Council (B)(i) to protect and enforce intellectual SEC. 244. COUNCIL ON CRITICAL TECHNOLOGIES on Critical Technologies and Security estab- property rights; AND SECURITY. lished under Section 244. (ii) to reduce reliance on foreign products (a) ESTABLISHMENT.—There is a council known as the Council on Critical Tech- (c) FUNCTIONS.—The functions of the Direc- identified by the Federal Government that nologies and Security (in this section re- tor of the Office are as follows: pose a national security risk to the United ferred to as the ‘‘Council’’). (1) COORDINATION.—To carry out coordina- States in critical public sector supply chains; (b) FUNCTION.—The function of the Council tion functions as follows: shall be to advise the President on matters (iii) to develop a strategy to inform the (A) To serve as a centralized focal point relating to challenges posed by foreign pow- private sector about critical supply chain within the Executive Office of the President ers with respect to technology acquisition risks; and for coordinating policy and actions of the and transfer. (iv) to address other security concerns re- Federal Government— (c) MEMBERSHIP.— lated to forced or unfair technology transfer (i) to stop the transfer of critical emerging, (1) COMPOSITION.—The Council shall be foundational, and dual-use technologies to to and from such countries; composed of the following: countries that pose a national security risk, (C) to maintain technological leadership (A) The Director of the Office of Critical including by supporting the interagency with respect to critical emerging, Technologies and Security appointed under process to identify emerging and foundational, and dual-use technologies and section 2(b)(1). foundational technologies under section 1758 to increase public sector funding for research (B) The Secretary of Agriculture. of the John S. McCain National Defense Au- and development that is key to maintaining (C) The Secretary of Commerce. thorization Act for Fiscal Year 2019 (Public such technological leadership; (D) The Secretary of Defense. Law 115–232); and (D) to develop specific policies and actions (E) The Secretary of Education. (ii) to maintain United States techno- to enforce intellectual property and (F) The Secretary of Energy. logical leadership with respect to critical cybersecurity standards to deter and pros- (G) The Secretary of Homeland Security. emerging, foundational, and dual-use tech- ecute industrial espionage and other similar (H) The Secretary of State. nologies and ensure supply chain integrity measures; and (I) The Secretary of Transportation. and security for such technologies. (E) to develop specific policies— (J) The Secretary of the Treasury. (B) To coordinate whole-of-government re- (i) to improve the research and develop- (K) The Director of the Office of Manage- sponses, working in partnership with heads ment ecosystem, including academic institu- ment and Budget. of national security and economic agencies tions, nonprofit organizations, and private (L) The Director of National Intelligence. and agencies with science and technology entities; and (M) The Director of the Central Intel- hubs, including those described in Section (ii) to reestablish the United States as the ligence Agency. 244(c)(1). world leader in research and development; (N) The Director of the Federal Bureau of (C) To facilitate coordination and con- and Investigation. sultation with— (F) to develop specific measures and goals (O) The United States Trade Representa- (i) Federal and State regulators of tele- that can be tracked and monitored as de- tive. communications and technology industries, scribed in paragraph (4). (P) The Director of the National Economic including the Federal Communications Com- (4) MONITORING AND TRACKING.— Council. mission, the Federal Trade Commission, and (A) MEASURES.—In conjunction with the (Q) The National Security Advisor. the Office of Science and Technology Policy; Council of Economic Advisors, the United (R) The Director of the Office of Science (ii) the private sector, including industry, States Trade Representative, the Office of and Technology Policy. labor, consumer, and other groups as nec- Science and Technology Policy, to use meas- (S) A representative of the Committee on essary; ures developed under paragraph (3)(F) to Foreign Investment in the United States (iii) other nongovernmental scientific and monitor and track— who shall be selected by the Committee for technical hubs and stakeholders, including (i) key trends relating to transfer of crit- purposes of this section. academic stakeholders; and ical emerging, foundational, and dual-use (T) The Ambassador to the United Nations. (iv) key international partners and allies technologies; (U) The Chair of the Federal Communica- of the United States. (ii) key trends relating to United States tions Commission. (2) MESSAGING AND OUTREACH.—To lead government investments in innovation and (V) The Chair of the Federal Trade Com- messaging and outreach efforts by the Fed- competitiveness compared to governments of mission. eral Government on the national security other countries; (W) Such other heads of departments and threat posed by the improper acquisition and (iii) inappropriate influence of inter- agencies of the Federal Government as the transfer of critical emerging, foundational, national standards setting processes by for- chairperson of the Council considers appro- and dual-use technologies that the Federal eign countries that pose a national security priate. Government determines necessary to pro- risk; and (2) CHAIRPERSON.—The chairperson of the tect, by countries of concern including— (iv) progress implementing the comprehen- Council shall be the Director of the Office of (A) acting as the chief policy spokesperson sive, long-term strategic plan developed Critical Technologies and Security ap- for the Federal Government on related secu- under paragraph (3). pointed under section 2(b)(1). rity and critical technology issues; (B) GOALS.—To monitor and track progress (d) CONSULTATION AND COOPERATION.—The (B) encouraging Federal departments and made towards achieving goals relating to Council— agencies to work with key stakeholders as protecting the security of critical tech- (1) may constitute such advisory commit- described in paragraph (1), as well as States, nologies of the United States. tees and may consult with such representa- localities, international partners, and allies, (d) STAFF.—The Director of the Office tives of industry, agriculture, labor, con- to better analyze and disseminate critical in- may— sumers, State and local governments, and formation from the intelligence community (1) without regard to the civil service laws, other groups, as the Council considers advis- (as defined in section 3 of the National Secu- employ, and fix the compensation of, such able; rity Act of 1947 (50 U.S.C. 3003)); and specialists and other experts as may be nec- (2) shall consult with the entities listed (C) improving overall education of the essary for the Director to carry out the func- under section 2(c)(1)(C); and United States public and business leaders in tions of the Director; and (3) shall seek and obtain the cooperation of key sectors about the threat to United (2) subject to the civil service laws, employ the various executive and independent agen- States national security posed by— such other officers and employees as may be cies of the Federal Government in the devel- (i) the improper acquisition and transfer of necessary to carry out the functions of the opment of specialized studies essential to its critical technologies by countries that pose a Director. responsibilities. national security risk; and (e) ANNUAL REPORT.— (ii) reliance on foreign products identified (1) IN GENERAL.—Not less frequently than SA 389. Mr. WARNER (for himself by the Federal government that pose a na- once each year, the Director shall submit to and Mr. KAINE) submitted an amend- tional security risk in private sector supply Congress a report on— ment intended to be proposed by him chains. (A) the activities of the Office; and to the bill S. 1790, to authorize appro- (3) LONG-TERM STRATEGY.—To lead the de- (B) matters relating to national security priations for fiscal year 2020 for mili- velopment of a comprehensive, long-term and the protection of critical technologies. tary activities of the Department of strategic plan in coordination with United (2) FORM.—Each report submitted under Defense, for military construction, and paragraph (1) shall be submitted in unclassi- States allies and other defense partners— for defense activities of the Depart- (A) to enhance the interagency process for fied form, but may include a classified identifying emerging and foundational car- annex. ment of Energy, to prescribe military ried out under section 1758 of the John S. (f) CONFORMING AMENDMENT.—Section personnel strengths for such fiscal McCain National Defense Authorization Act 101(c) of the National Security Act of 1947 (50 year, and for other purposes; which was for Fiscal Year 2019 (Public Law 115–232) and U.S.C. 3021(c)) is amended by inserting ‘‘the ordered to lie on the table; as follows: to re-evaluate those identifications on an on- Director of the Office of Critical Tech- At the end of subtitle E of title X, add the going basis; nologies and Security,’’ after ‘‘Treasury,’’. following:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.092 S12JNPT1 S3448 CONGRESSIONAL RECORD — SENATE June 12, 2019 SEC. 1045. TRAINING OF MIDCAREER DEPART- (2) by adding at the end the following: the effectiveness of the distribution of infor- MENT OF DEFENSE PERSONNEL ON ‘‘(C) WAIVER.—The Secretary may waive mation under clause (i). WHOLE-OF-GOVERNMENT AP- the requirement under subparagraph (A) for ‘‘(B) RESPONSE AND RECOVERY.— PROACHES TO NATIONAL SECURITY an entity receiving a grant under this sec- ‘‘(i) IN GENERAL.—The Secretary shall— CHALLENGES. tion if the Secretary determines that— ‘‘(I) coordinate the response to and recov- (a) IN GENERAL.—The Secretary of Defense ‘‘(i) the results of the grant— ery from the effects of EMPs and GMDs on shall ensure that midcareer personnel of the ‘‘(I) will benefit a specific specialty crop; critical infrastructure, in coordination with Department of Defense are provided training and the heads of appropriate Sector-Specific on whole-of-Government approaches to na- ‘‘(II) are likely to be applicable to agricul- Agencies, and on matters related to the bulk tional security challenges. tural commodities generally, including spe- power system, in consultation with the Sec- (b) COORDINATION.—In providing training cialty crops; or retary of Energy and the Federal Energy under this section, the Secretary shall co- ‘‘(ii)(I) the grant involves scientifically im- Regulatory Commission; and ordinate with the heads of other depart- portant research; and ‘‘(II) incorporate events that include EMPs ments and agencies of the United States ‘‘(II) the grant recipient is unable to sat- and extreme GMDs as a factor in prepared- Government in order to ensure that such isfy the matching funds requirement.’’. ness scenarios and exercises. training promotes cross-agency and multi- ‘‘(ii) IMPLEMENTATION.—The Secretary and sector learning, collaboration, and problem- SA 391. Mr. JOHNSON (for himself the Administrator of the Federal Emergency solving for midcareer military and civilian and Mr. PETERS) submitted an amend- Management Agency, and on matters related personnel. ment intended to be proposed by him to the bulk power system, the Secretary of (c) ELEMENTS.—The training under this to the bill S. 1790, to authorize appro- Energy and the Federal Energy Regulatory section shall include the following: Commission, shall— (1) Training on creating integrated and priations for fiscal year 2020 for mili- tary activities of the Department of ‘‘(I) not later than June 19, 2020, develop consistent policy across the executive plans and procedures to coordinate the re- branch. Defense, for military construction, and sponse to and recovery from EMP and GMD (2) Training on the role of Congress, State for defense activities of the Depart- events; and and local governments, community organiza- ment of Energy, to prescribe military ‘‘(II) not later than December 21, 2020, con- tions, academia, foreign governments, non- personnel strengths for such fiscal duct a national exercise to test the prepared- governmental organizations, and the private year, and for other purposes; which was ness and response of the Nation to the effect sector in influencing and executing whole-of- ordered to lie on the table; as follows: of an EMP or extreme GMD event. Government solutions. At the appropriate place, insert the fol- ‘‘(C) RESEARCH AND DEVELOPMENT.— (3) Training on operating collaboratively lowing: ‘‘(i) IN GENERAL.—The Secretary, in coordi- in an interagency environment. lll nation with the heads of relevant Sector- (4) Table-top role playing exercises and SEC. . ELECTROMAGNETIC PULSES AND GEOMAGNETIC DISTURBANCES. Specific Agencies, shall— mentorship programs designed to enable par- (a) DEFINITIONS.—In this section— ‘‘(I) without duplication of existing or on- ticipants to gain a greater understanding of (1) the term ‘‘appropriate congressional going efforts, conduct research and develop- interagency partners and how to leverage committees’’ has the meaning given that ment to better understand and more effec- the whole-of-Government approach to term in subsection (d) of section 320 of the tively model the effects of EMPs and GMDs achieve desired outcomes. Homeland Security Act of 2002, as added by on critical infrastructure (which shall not (d) PROVISION OF TRAINING.— subsection (b) of this section; and include any system or infrastructure of the (1) TRAINING BY COHORT.—Training shall be (2) the terms ‘‘critical infrastructure’’, Department of Defense or any system or in- provided under this section to cohorts com- ‘‘EMP’’, and ‘‘GMD’’ have the meanings frastructure of the Department of Energy as- prised of a mix of military and civilian per- given such terms in section 2 of the Home- sociated with nuclear weapons activities); sonnel— land Security Act of 2002 (6 U.S.C. 101). and (A) from across the Department and the (b) HOMELAND SECURITY.—Section 320 of ‘‘(II) develop technologies to enhance the Armed Forces; and the Homeland Security Act of 2002 (6 U.S.C. resilience of and better protect critical infra- (B) to the extent practicable, from other 195f) is amended— structure. departments and agencies. (1) in the section heading, by inserting ‘‘(ii) PLAN.—Not later than March 26, 2020, (2) PROVIDERS OF TRAINING.—The entities ‘‘AND THREAT ASSESSMENT, RESPONSE, AND RE- and in coordination with the heads of rel- providing training under this section shall COVERY’’ after ‘‘DEVELOPMENT’’; and evant Sector-Specific Agencies, the Sec- include the military staff and war colleges, (2) by adding at the end the following: retary shall submit to the appropriate con- the National Defense University, and accred- ‘‘(d) THREAT ASSESSMENT, RESPONSE, AND gressional committees a research and devel- ited public institutions of higher education RECOVERY.— opment action plan to rapidly address mod- that provide whole-of-Government curricula ‘‘(1) DEFINITIONS.—In this subsection— eling shortfall and technology development. and are centrally located in areas of high ‘‘(A) the term ‘appropriate congressional ‘‘(D) EMERGENCY INFORMATION SYSTEM.— concentration of military and civilian na- committees’ means— ‘‘(i) IN GENERAL.—The Secretary, in coordi- tional security personnel. ‘‘(i) the Committee on Homeland Security nation with relevant stakeholders, shall im- (3) TRAINING AT PUBLIC INSTITUTIONS OF and Governmental Affairs, the Committee on plement a network of systems that are capa- HIGHER EDUCATION.—At least 50 percent of Armed Services, the Committee on Energy ble of providing appropriate emergency in- the training provided under this section and Natural Resources, and the Committee formation to the public before (if possible), shall be provided at or by accredited public on Commerce, Science, and Transportation during, and in the aftermath of an EMP or institutions of higher education described in of the Senate; and GMD. paragraph (2). ‘‘(ii) the Committee on Homeland Secu- ‘‘(ii) BRIEFING.—Not later than December rity, the Committee on Armed Services, and 21, 2020, the Secretary, in coordination with SA 390. Ms. STABENOW (for herself, the Committee on Energy and Commerce of the Administrator of the Federal Emergency Mr. CORNYN, Mrs. FEINSTEIN, and Mr. the House of Representatives; Management Agency, shall brief the appro- ‘‘(B) the terms ‘prepare’ and ‘preparedness’ priate congressional committees regarding SCHUMER) submitted an amendment in- tended to be proposed by her to the bill mean the actions taken to plan, organize, the system required under clause (i). equip, train, and exercise to build and sus- ‘‘(E) QUADRENNIAL RISK ASSESSMENTS.— S. 1790, to authorize appropriations for tain the capabilities necessary to prevent, ‘‘(i) IN GENERAL.—The Secretary, in coordi- fiscal year 2020 for military activities protect against, mitigate the effects of, re- nation with the Secretary of Defense, the of the Department of Defense, for mili- spond to, and recover from those threats Secretary of Energy, and the Secretary of tary construction, and for defense ac- that pose the greatest risk to the security of Commerce, and informed by intelligence- tivities of the Department of Energy, the homeland, including the prediction and based threat assessments, shall conduct a to prescribe military personnel notification of impending EMPs and GMDs; quadrennial EMP and GMD risk assessment. strengths for such fiscal year, and for and ‘‘(ii) BRIEFINGS.—Not later than March 26, other purposes; which was ordered to ‘‘(C) the term ‘Sector-Specific Agency’ has 2020, and every 4 years thereafter until 2032, the meaning given that term in section 2201. the Secretary, the Secretary of Defense, the lie on the table; as follows: ‘‘(2) ROLES AND RESPONSIBILITIES.— Secretary of Energy, and the Secretary of At the end of subtitle H of title X, add the ‘‘(A) DISTRIBUTION OF INFORMATION.— Commerce shall provide a briefing to the ap- following: ‘‘(i) IN GENERAL.—Beginning not later than propriate congressional committees regard- SEC. 108ll. WAIVER UNDER SPECIALTY CROP June 19, 2020, the Secretary shall provide ing the quadrennial EMP and GMD risk as- RESEARCH INITIATIVE. timely distribution of information on EMPs sessment. Section 412(g)(3) of the Agricultural Re- and GMDs to Federal, State, and local gov- ‘‘(iii) ENHANCING RESILIENCE.—The Sec- search, Extension, and Education Reform ernments, owners and operators of critical retary, in coordination with the Secretary of Act of 1998 (7 U.S.C. 7632(g)(3)) is amended— infrastructure, and other persons determined Defense, the Secretary of Energy, the Sec- (1) in subparagraph (A), by striking ‘‘An appropriate by the Secretary. retary of Commerce, and the heads of other entity’’ and inserting ‘‘Subject to subpara- ‘‘(ii) BRIEFING.—The Secretary shall brief relevant Sector-Specific Agencies, shall use graph (C), an entity’’; and the appropriate congressional committees on the results of the quadrennial EMP and GMD

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.092 S12JNPT1 June 12, 2019 CONGRESSIONAL RECORD — SENATE S3449 risk assessments to better understand and to essary, quantitative and voluntary bench- thorized to meet during today’s session improve resilience to the effects of EMPs marks that sufficiently describe the physical of the Senate: and GMDs across all critical infrastructure characteristics of EMPs, including waveform COMMITTEE ON COMMERCE, SCIENCE, AND sectors, including coordinating the and intensity, in a form that is useful to and TRANSPORTATION prioritization of critical infrastructure at can be shared with owners and operators of greatest risk to the effects of EMPs and critical infrastructure. Nothing in this sub- The Committee on Commerce, GMDs. section shall affect the authority of the Elec- Science, and Transportation is author- ‘‘(3) COORDINATION.— tric Reliability Organization to develop and ized to meet during the session of the ‘‘(A) REPORT ON TECHNOLOGICAL OPTIONS.— enforce, or the authority of the Federal En- Senate on Wednesday, June 12, 2019, at Not later than December 21, 2020, and every ergy Regulatory Commission to approve, re- 10 a.m., to conduct a hearing. 4 years thereafter until 2032, the Secretary, liability standards. COMMITTEE ON FOREIGN RELATIONS in coordination with the Secretary of De- (e) PILOT TEST BY DHS TO EVALUATE ENGI- The Committee on Foreign Relations fense, the Secretary of Energy, the heads of NEERING APPROACHES.— is authorized to meet during the ses- other appropriate agencies, and, as appro- (1) IN GENERAL.—Not later than September priate, private-sector partners, shall submit 22, 2020, the Secretary of Homeland Security, sion of the Senate on Wednesday, June to the appropriate congressional commit- in coordination with the Secretary of De- 12, 2019, at 10:15 a.m., to conduct a tees, a report that— fense and the Secretary of Energy, and in hearing. ‘‘(i) assesses the technological options consultation with the private sector, as ap- COMMITTEE ON HOMELAND SECURITY AND available to improve the resilience of critical propriate, shall develop and implement a GOVERNMENTAL AFFAIRS infrastructure to the effects of EMPs and pilot test to evaluate available engineering The Committee on Homeland Secu- GMDs; and approaches for mitigating the effects of rity and Governmental Affairs is au- ‘‘(ii) identifies gaps in available tech- EMPs and GMDs on the most vulnerable thorized to meet during the session of critical infrastructure systems, networks, nologies and opportunities for technological the Senate on Wednesday, June 12, 2019, developments to inform research and devel- and assets. opment activities. (2) BRIEFING.—Not later than 90 days after at 2:30 p.m., to conduct a hearing on ‘‘(B) TEST DATA.— the date on which the pilot test described in the following nominations: Chad F. ‘‘(i) IN GENERAL.—Not later than December paragraph (1) is completed, the Secretary of Wolf, of Virginia, to be Under Sec- 20, 2020, the Secretary, in coordination with Homeland Security, in coordination with the retary for Strategy, Policy, and Plans, the heads of Sector-Specific Agencies, the Secretary of Defense and the Secretary of Jeffrey Byard, of Alabama, to be Ad- Secretary of Defense, and the Secretary of Energy, shall jointly brief the appropriate ministrator of the Federal Emergency Energy, shall— congressional committees on the cost and ef- Management Agency, and Troy D. fectiveness of the evaluated approaches. ‘‘(I) review test data regarding the effects Edgar, of California, to be Chief Finan- of EMPs and GMDs on critical infrastructure (f) PILOT TEST BY DOD TO EVALUATE ENGI- systems, networks, and assets representative NEERING APPROACHES.— cial Officer, all of the Department of of those throughout the Nation; and (1) IN GENERAL.—Not later than September Homeland Security, John McLeod ‘‘(II) identify any gaps in the test data. 22, 2020, the Secretary of Defense, in con- Barger, of California, to be a Governor ‘‘(ii) PLAN.—Not later than 180 days after sultation with the Secretary of Homeland of the United States Postal Service, identifying gaps in test data under clause (i), Security and the Secretary of Energy, shall and B. Chad Bungard, of Maryland, to the Secretary, in coordination with the conduct a pilot test to evaluate engineering be a Member of the Merit Systems Pro- heads of Sector-Specific Agencies and in con- approaches for hardening a strategic mili- tection Board. sultation with the Secretary of Defense and tary installation, including infrastructure COMMITTEE ON SMALL BUSINESS AND the Secretary of Energy, shall use the sector that is critical to supporting that installa- ENTREPRENEURSHIP partnership structure identified in the Na- tion, against the effects of EMPs and GMDs. tional Infrastructure Protection Plan to de- (2) REPORT.—Not later than 180 days after The Committee on Small Business velop an integrated cross-sector plan to ad- completing the pilot test described in para- and Entrepreneurship is authorized to dress the identified gaps. graph (1), the Secretary of Defense shall sub- meet during the session of the Senate ‘‘(iii) IMPLEMENTATION.—The heads of each mit to the appropriate congressional com- on Wednesday, June 12, 2019, at 2:30 agency identified in the plan developed mittees a report regarding the cost and effec- p.m., to conduct a hearing. tiveness of the evaluated approaches. under clause (ii) shall implement the plan in SUBCOMMITTEE ON FISHERIES, WATER, AND (g) COMMUNICATIONS OPERATIONAL PLANS.— collaboration with the voluntary efforts of WILDLIFE the private sector, as appropriate. Not later than December 21, 2020, the Sec- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in retary of Homeland Security, after holding a The Subcommittee on Fisheries, this section may be construed to affect in series of joint meetings with the Secretary Water, and Wildlife of the Committee any manner the authority, existing on the of Defense, the Secretary of Commerce, the on Environment and Public Works is day before the date of enactment of this sub- Federal Communications Commission, and authorized to meet during the session section, of any other component of the De- the Secretary of Transportation shall submit of the Senate on Wednesday, June 12, partment or any other Federal department to the appropriate congressional committees 2019, at 10 a.m., to conduct a hearing. or agency, including the authority provided a report— SUBCOMMITTEE ON INTERNATIONAL TRADE, to the Sector-Specific Agency specified in (1) assessing the effects of EMPs and GMDs CUSTOMS, AND GLOBAL COMPETITIVENESS section 61003(c) of division F of the Fixing on critical communications infrastructure; America’s Surface Transportation Act (6 and The Subcommittee on International U.S.C. 121 note), including the authority (2) recommending any necessary changes Trade, Customs, and Global Competi- under section 215 of the Federal Power Act to operational plans to enhance national re- tiveness of the Committee on Finance (16 U.S.C. 824o), and including the authority sponse and recovery efforts after an EMP or is authorized to meet during the ses- of independent agencies to be independent.’’. GMD. sion of the Senate on Wednesday, June (c) NATIONAL ESSENTIAL FUNCTIONS.— (h) TECHNICAL AND CONFORMING AMEND- 12, 2019, at 3 p.m., to conduct a hearing. (1) DEFINITION.—In this subsection, the MENT.—The table of sections in section 1(b) SUBCOMMITTEE ON ANTITRUST, COMPETITION term ‘‘national essential functions’’ means of the Homeland Security Act of 2002 is POLICY AND CONSUMER RIGHTS the overarching responsibilities of the Fed- amended by striking the item relating to eral Government to lead and sustain the Na- section 320 and inserting the following: The Subcommittee on Antitrust, tion before, during, and in the aftermath of ‘‘Sec. 320. EMP and GMD mitigation re- Competition Policy and Consumer a catastrophic emergency, such as an EMP search and development and Rights of the Committee on the Judici- or GMD that adversely affects the perform- threat assessment, response, ary is authorized to meet during the ance of the Federal Government. and recovery.’’. session of the Senate on Wednesday, (2) UPDATED OPERATIONAL PLANS.—Not later than March 20, 2020, each agency that f June 12, 2019, at 2:30 p.m., to conduct a supports a national essential function shall hearing. AUTHORITY FOR COMMITTEES TO Mr. BARRASSO. Mr. President, I prepare updated operational plans docu- MEET menting the procedures and responsibilities have 2 requests for committees to meet of the agency relating to preparing for, pro- Ms. COLLINS. Mr. President, I have 7 during today’s session of the Senate. tecting against, and mitigating the effects of requests for committees to meet during They have the approval of the Majority EMPs and GMDs. today’s session of the Senate. They and Minority leaders. (d) BENCHMARKS.—Not later than March 26, have the approval of the Majority and Pursuant to rule XXVI, paragraph 2020, and as appropriate thereafter, the Sec- retary of Energy, in consultation with the Minority leaders. 5(a), of the Standing Rules of the Sen- Secretary of Defense, the Secretary of Home- Pursuant to rule XXVI, paragraph ate, the following committees are au- land Security, and, as appropriate, the pri- 5(a), of the Standing Rules of the Sen- thorized to meet during today’s session vate sector, may develop or update, as nec- ate, the following committees are au- of the Senate:

VerDate Sep 11 2014 05:06 Jun 13, 2019 Jkt 089060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JN6.093 S12JNPT1 S3450 CONGRESSIONAL RECORD — SENATE June 12, 2019 COMMITTEE ON ARMED SERVICES proceed to the immediate consider- be approved to date, the time for the The Committee on Armed Services is ation of S. Res. 249, submitted earlier two leaders be reserved for their use authorized to meet during the session today. later in the day, and the Senate be in of the Senate on Wednesday, June 12, The PRESIDING OFFICER. The a period of morning business under the 2019, at 10 a.m., to conduct a hearing on clerk will report the resolution by previous order. pending nominations. title. The PRESIDING OFFICER. Without COMMITTEE ON HOMELAND SECURITY AND The senior assistant bill clerk read as objection, it is so ordered. GOVERNMENTAL AFFAIRS follows: f The Committee on Homeland Secu- A resolution (S. Res. 249) commemorating rity and Governmental Affairs is au- the victory of the University of Maryland in ADJOURNMENT UNTIL 9:30 A.M. thorized to meet during the session of the 2019 National Collegiate Athletic Asso- TOMORROW the Senate on Wednesday, June 12, 2019, ciation Division I Women’s Lacrosse Cham- Mr. LANKFORD. Mr. President, if at 3:30 p.m., to conduct a hearing on pionship. there is no further business to come be- pending nominations. There being no objection, the Senate fore the Senate, I ask unanimous con- proceeded to consider the resolution. f sent that it stand adjourned under the Mr. LANKFORD. Mr. President, I fur- PRIVILEGES OF THE FLOOR previous order. ther ask that the resolution be agreed There being no objection, the Senate, Mr. WYDEN. Mr. President, I ask to, the preamble be agreed to, and the at 6:48 p.m., adjourned until Thursday, unanimous consent that the following motions to reconsider be considered June 13, 2019, at 9:30 a.m. members of my staff be granted floor made and laid upon the table with no privileges for the remainder of the Con- intervening action or debate. f gress: Thomas Huelskoetter, Gnora The PRESIDING OFFICER. Without NOMINATIONS Gumanow, Ashley Semanskee, Michael objection, it is so ordered. Executive nominations received by Moynihan, Nicola Hill, Hilary Gelfond, The resolution (S. Res. 249) was the Senate: Eric Parolin, Sheree Hickman, Forrest agreed to. Graves, Anne McDonald, Celeste The preamble was agreed to. FEDERAL MARITIME COMMISSION Acevedo, Anne Cox, and Skyler CARL WHITNEY BENTZEL, OF MARYLAND, TO BE A FED- (The resolution, with its preamble, is ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- Brocker-Knapp. printed in today’s RECORD under ‘‘Sub- ING JUNE 30, 2024, VICE MARIO CORDERO, RESIGNED. The PRESIDING OFFICER. Without mitted Resolutions.’’) POSTAL REGULATORY COMMISSION objection, it is so ordered. f ASHLEY JAY ELIZABETH POLING, OF NORTH CARO- f LINA, TO BE A COMMISSIONER OF THE POSTAL REGU- BLUE WATER NAVY VIETNAM LATORY COMMISSION FOR A TERM EXPIRING NOVEMBER HONORING THE VICTIMS OF THE VETERANS ACT OF 2019 22, 2024, VICE NANCI E. LANGLEY, TERM EXPIRED. MASS SHOOTING IN VIRGINIA THE JUDICIARY Mr. LANKFORD. Mr. President, I ask BEACH, VIRGINIA DAVID B. BARLOW, OF UTAH, TO BE UNITED STATES unanimous consent that the Senate DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE Mr. LANKFORD. Mr. President, I ask proceed to the immediate consider- CLARK WADDOUPS, RETIRED. unanimous consent that the Senate ROBERT ANTHONY MOLLOY, OF THE VIRGIN ISLANDS, ation of H.R. 299. TO BE JUDGE FOR THE DISTRICT COURT OF THE VIRGIN proceed to the consideration of S. Res. ISLANDS FOR A TERM OF TEN YEARS, VICE CURTIS V. The PRESIDING OFFICER. The GOMEZ, TERM EXPIRED. 248, submitted earlier today. clerk will report the bill by title. The PRESIDING OFFICER. The DEPARTMENT OF JUSTICE The senior assistant bill clerk read as clerk will report the resolution by FERNANDO L. G. SABLAN, OF GUAM, TO BE UNITED follows: title. STATES MARSHAL FOR THE DISTRICT OF GUAM AND A bill (H.R. 299) to amend title 38, United CONCURRENTLY UNITED STATES MARSHAL FOR THE The senior assistant bill clerk read as DISTRICT OF THE NORTHERN MARIANA ISLANDS FOR follows: States Code, to clarify presumptions relating THE TERM OF FOUR YEARS, VICE FRANK LEON-GUER- to the exposure of certain veterans who RERO, TERM EXPIRED. A resolution (S. Res. 248) honoring the vic- served in the vicinity of the Republic of THE JUDICIARY tims of the mass shooting in Virginia Beach, Vietnam, and for other purposes. KEVIN RAY SWEAZEA, OF NEW MEXICO, TO BE UNITED Virginia. STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW There being no objection, the Senate MEXICO, VICE ROBERT C. BRACK, RETIRED. There being no objection, the Senate proceeded to consider the bill. proceeded to consider the resolution. Mr. LANKFORD. Mr. President, I ask f Mr. LANKFORD. Mr. President, I unanimous consent that the bill be know of no further debate on the meas- CONFIRMATIONS considered read a third time. ure. Executive nominations confirmed by The PRESIDING OFFICER. If there The PRESIDING OFFICER. Without the Senate June 12, 2019: objection, it is so ordered. is no further debate, the question is on THE JUDICIARY The bill was ordered to a third read- agreeing to resolution. PAMELA A. BARKER, OF OHIO, TO BE UNITED STATES The resolution (S. Res. 248) was ing and was read the third time. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. Mr. LANKFORD. Mr. President, I COREY LANDON MAZE, OF ALABAMA, TO BE UNITED agreed to. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT know of no further debate on the bill. OF ALABAMA. Mr. LANKFORD. Mr. President, I ask RODNEY SMITH, OF FLORIDA, TO BE UNITED STATES unanimous consent that the preamble The PRESIDING OFFICER. If there DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF is no further debate, the bill having FLORIDA. be agreed to and that the motions to THOMAS P. BARBER, OF FLORIDA, TO BE UNITED reconsider be considered made and laid been read the third time, the question STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF is, Shall the bill pass? FLORIDA. upon the table with no intervening ac- JEAN-PAUL BOULEE, OF GEORGIA, TO BE UNITED tion or debate. The bill (H.R. 299) was passed. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT The PRESIDING OFFICER. Without Mr. LANKFORD. Mr. President, I ask OF GEORGIA. objection, it is so ordered. unanimous consent that the motion to f The preamble was agreed to. reconsider be considered made and laid (The resolution, with its preamble, is upon the table. WITHDRAWALS printed in today’s RECORD under ‘‘Sub- The PRESIDING OFFICER. Without Executive Message transmitted by mitted Resolutions.’’) objection, it is so ordered. the President to the Senate on June 12, f f 2019 withdrawing from further Senate consideration the following nomina- COMMEMORATING THE VICTORY ORDERS FOR THURSDAY, JUNE 13, tions: 2019 OF THE UNIVERSITY OF MARY- JEFFREY NADANER, OF MARYLAND, TO BE AN ASSIST- LAND IN THE 2019 NATIONAL Mr. LANKFORD. Mr. President, I ask ANT SECRETARY OF COMMERCE, VICE DAVID W. MILLS, RETIRED, WHICH WAS SENT TO THE SENATE ON JANU- COLLEGIATE ATHLETIC ASSOCIA- unanimous consent that when the Sen- ARY 16, 2019. TION DIVISION I WOMEN’S LA- ate completes its business today, it ad- LOUIS DEJOY, OF NORTH CAROLINA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- CROSSE CHAMPIONSHIP journ until 9:30 a.m., Thursday, June VATE INVESTMENT CORPORATION FOR A TERM EXPIR- Mr. LANKFORD. Mr. President, I ask 13; further, that following the prayer ING DECEMBER 17, 2020, VICE JAMES M. DEMERS, TERM EXPIRED, WHICH WAS SENT TO THE SENATE ON JANU- unanimous consent that the Senate and pledge, the Journal of proceedings ARY 16, 2019.

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