Senate the Senate Met at 10:31 A.M

Home , 2018 NRA boycott, Albert Cashier, John Sharp Williams, Kyle Kashuv, Pauli Murray, Prentiss Walker

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

Vol. 164 WASHINGTON, THURSDAY, MARCH 22, 2018 No. 50 Senate The Senate met at 10:31 a.m. and was from the State of Missouri, to perform the It will confront the scourge of addic- called to order by the Honorable ROY duties of the Chair. tion head-on and help save lives. For BLUNT, a Senator from the State of ORRIN G. HATCH, rural communities, like many in my Missouri. President pro tempore. home State of Kentucky, this is a big Mr. BLUNT thereupon assumed the deal. f Chair as Acting President pro tempore. The measure is also a victory for PRAYER f safe, reliable, 21st century infrastruc- The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY ture. It will fund long overdue improve- fered the following prayer: LEADER ments to roads, rails, airports, and in- Let us pray. land waterways to ensure that our O God, our Father, may life’s seasons The ACTING PRESIDENT pro tempore. The majority leader is recog- growing economy has the support sys- teach us that You stand within the tem that it needs. shadows keeping watch above Your nized. own. We praise You that You are our f Importantly, the bill will also contain a number of provisions to provide refuge and strength, a very present OMNIBUS APPROPRIATIONS BILL help in turbulent times. more safety for American families. It Lord, cultivate within our lawmakers Mr. MCCONNELL. Mr. President, yes- expands funding for Federal law en- the grace of gratitude as they seek to terday evening, the House filed a land- forcement. It allocates new resources stand for right for the glory of Your mark appropriations bill for the re- to border security and immigration en- Name. May they refrain from hasty mainder of fiscal year 2018. Months of forcement, including an important step speech, as they labor to treat others as in-depth, bicameral, bipartisan nego- forward for President Trump’s pro- they would have others treat them. tiations and committee work have led posed wall. The total miles of new and Empower them to grow in Your grace us to this point. The result is legisla- upgraded walls and barriers funded by and in a greater knowledge of Your will tion that neither side sees as perfect this bill exceeds even the administra- and wisdom. but which contains a host of signifi- tion’s initial request for this fiscal We pray in Your Holy Name. Amen. cant victories and important achieve- year, and it also provides the necessary ments on behalf of the American peo- funds to keep Guantanamo Bay open f ple. and operating. First and foremost, in my view, this PLEDGE OF ALLEGIANCE The legislation also delivers for stu- bill will mark the end of dispropor- dents and teachers across our Nation, The Presiding Officer led the Pledge tionate and harmful cuts to the De- who deserve to learn and work without of Allegiance, as follows: partment of Defense. It delivers the fear of violence. I pledge allegiance to the Flag of the largest year-on-year increase in de- United States of America, and to the Repub- fense spending in 15 years. These new At the insistence of the Speaker and lic for which it stands, one nation under God, me, this bill will include two important indivisible, with liberty and justice for all. funding levels will ensure that the training and tools available to our bipartisan, commonsense measures to f servicemembers remain on the cutting address real issues facing the Nation: APPOINTMENT OF ACTING edge, and at long last, veterans will re- the Fix NICS bill and the STOP School PRESIDENT PRO TEMPORE ceive more transparent and more ac- Violence Act. Thanks to the leadership cessible care. This has been a top pri- of Senator HATCH, this bill represents a The PRESIDING OFFICER. The ority, on our side of the aisle espe- major step forward for school safety. It clerk will please read a communication cially, to deliver for our men and provides millions of dollars in new to the Senate from the President pro women in uniform, to deliver for the funding for early intervention and pre- tempore (Mr. HATCH). future of national security. This bill vention programs to stop school vio- The senior assistant legislative clerk will get it done. lence before it happens. These grants read the following letter: Of course, our Armed Forces aren’t will include funding for training of stu- U.S. SENATE, the only vital priority this measure dents and school personnel for identi- PRESIDENT PRO TEMPORE, will address. It is a victory for families fying and responding to safety threats, Washington, DC, March 22, 2018. To the Senate: caught in the grip of the opioid epi- as well as for implementing enhanced Under the provisions of rule I, paragraph 3, demic. This bill scales up research, technology and equipment to improve of the Standing Rules of the Senate, I hereby treatment, and prevention funding and school safety. Thanks to the dogged ef- appoint the Honorable ROY BLUNT, a Senator provides for grants to first responders. forts of Senator CORNYN, the Fix NICS

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

S1885

VerDate Sep 11 2014 01:02 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.000 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1886 CONGRESSIONAL RECORD — SENATE March 22, 2018 provision to repair and improve fire- development and community pro- dignity, decorum, and respect for his arm background checks is also in- grams. colleagues. That was always appre- cluded. Both of these bipartisan accom- My friend, the junior Senator from ciated but never confused for lack of plishments are the direct result of tire- Indiana, knows the folks at First fierceness or conviction. When his less work by those who have been most Farmers. In fact, he was so impressed issues were on the line, Senator COCH- tragically affected by violence in by their proactive response to the new RAN fought for Mississippi as hard as America’s schools. Tax Code that he invited them to the any Senator. After all, he was first bit- Here is how Mark Barden, a co- President’s State of the Union back in ten by the political bug in his run for founder of Sandy Hook Promise, de- January. There aren’t enough seats in head cheerleader at Ole Miss, and he scribed the school safety provision: the House Gallery for all the American shares that distinction with Trent ‘‘This legislation will save lives.’’ families that tax reform is already Lott. So if you want to be a Senator for Likewise, the Parkland, FL, families helping—not even close. But if there Mississippi, join the cheerleading recently wrote all four congressional were, I would bet the working families squad for Ole Miss. Of course, for New leaders to ask that we include these and small businesses from Indiana Yorkers, we like Eli Manning too. Sen- two particular measures in this piece would come with questions. Why did ator COCHRAN never stopped being a of legislation. I am proud that we could only one of their Senators vote for cheerleader for Mississippi. deliver for them and for the safety of these tax savings? Why did their senior Chairman COCHRAN and I certainly schools around our country. Senator vote in lockstep with Demo- had our differences. The chairman once Let’s take one more look at just a crats to block their tax cuts, bonuses, said: few of the good things this bill will ac- raises, and benefits? Those would be I don’t call a lot of news conferences. I just complish: No. 1, the largest year-on- don’t see that as a necessary part of my re- tough questions to answer. Fortu- sponsibilities. year funding increase for our nately, Republicans stayed focused on Well, we will agree to disagree on warfighters in 15 years; new resources empowering the American people. for the fight against opioids and for that one, but there are many things we f border security and the President’s have in common, and there is a par- wall; major enhancements for law en- RESERVATION OF LEADER TIME ticular part of his legacy I admire. After Hurricane Katrina buffeted his forcement and school safety. These The ACTING PRESIDENT pro tem- State, he convinced the recalcitrant provisions and the entirety of this om- pore. Under the previous order, the lawmakers to deliver aid to the gulf nibus represent months of bipartisan leadership time is reserved. coast—far exceeding the administra- work. I look forward to considering it tion’s request—and he did it by work- very soon. f ing Members on his side of the aisle f MORNING BUSINESS and across the aisle behind the scenes. TAX REFORM The ACTING PRESIDENT pro tem- That is how he earned the nickname the ‘‘quiet persuader.’’ It is a skill I Mr. MCCONNELL. Mr. President, on pore. Under the previous order, the another matter, the good news about Senate will be in a period of morning greatly respect after going through tax reform continues to sweep across business, with Senators permitted to something similar when Hurricane the Nation. But recently, as special bo- speak therein for up to 10 minutes Sandy hit my home State of New York. At the time, Chairman COCHRAN was nuses, wage increases, and expanded each. the ranking member on the Appropria- employee benefits continue to make The majority leader. tions Committee. He and his staff were headlines, they have had to share the f extraordinarily helpful throughout the front page with a series of late winter NATIONAL DEFENSE AUTHORIZA- process. Ultimately, Senator COCHRAN storms. This prolonged cold weather TION ACT FOR FISCAL YEAR voted for the Sandy relief bill when can mean high heating costs for work- 2018—MOTION TO PROCEED many of his colleagues opposed it. I ing families. Fortunately, tax reform will never forget that. has an answer for that as well. Mr. MCCONNELL. Mr. President, I Under his stewardship of the Appro- Ratepayers in many States are look- move to proceed to Calendar No. 165, S. priations Committee, we have just ing forward to smaller utility bills, 1519. completed the text of an omnibus thanks to our country’s new Tax Code. The ACTING PRESIDENT pro tem- spending bill, which I will address in a In my home State, the public service pore. The clerk will report the motion. moment. Once the bill passes, it will be The senior assistant legislative clerk commission announced early this week a fitting legacy that Senator COCHRAN that Kentucky Utilities and Louisville read as follows: will retire with another bipartisan ac- Gas & Electric will be passing along Motion to proceed to Calendar No. 165, S. complishment under his belt. savings to customers to the tune of a 6- 1519, a bill to authorize appropriations for I wish him and his family the best, percent decrease in monthly bills. That fiscal year 2018 for military activities of the and I thank him for his distinguished means real savings for the middle-class Department of Defense, for military con- service to the State of Mississippi, to families I represent. struction, and for defense activities of the Department of Energy, to prescribe military his beloved country, and to the U.S. We have heard a similar story from personnel strengths for such fiscal year, and Senate. He will be missed in the Sen- our neighbors in Indiana. The Northern for other purposes. ate. Indiana Public Service Company re- Mr. MCCONNELL. Mr. President, I OMNIBUS APPROPRIATIONS BILL ports that thanks to tax reform, it will ask unanimous consent that Senators Mr. President, I am pleased to say be able to pass $26 million in new sav- be permitted to speak for up to 10 min- the four congressional leaders have ings on to its customers. That is just utes each. reached an agreement on the omnibus one of a long list of ways that tax re- The ACTING PRESIDENT pro tem- spending bill that is now public. It form is helping Hoosiers. pore. Without objection, it is so or- didn’t happen until last night. It took Pat Williams, who lives in Southern dered. a long time. There were painstaking Indiana, recently shared another tax weeks of negotiations, more than a few RECOGNITION OF THE MINORITY LEADER reform success story with my friend, of which we went past the midnight Senator YOUNG. Pat’s husband, Jim, The Democratic leader is recognized. hour. Before I go further, I want to works part-time in the U-Haul service TRIBUTE TO THAD COCHRAN thank Leader MCCONNELL, Speaker center across the river in Louisville. Mr. SCHUMER. Mr. President, I have RYAN, and their staffs, Leader PELOSI He received a $500 tax reform bonus. a few items I would like to address this and her team, Chairman COCHRAN, Vice Over in Converse, IN, tax reform en- morning, but first I would like to rec- Chairman LEAHY, the Appropriations abled the First Farmers Bank & Trust ognize our dear friend from Mississippi, Committee staff, and many others for to raise its starting wage for hourly the senior Senator, who will be deliv- all the hard work that went into this workers, guarantee a year-end bonus ering his farewell speech today. bill. for all full-time employees, and an- Senator THAD COCHRAN has served in It certainly doesn’t have everything nounce a big investment in employee this body for decades with a sense of Democrats want, and it contains a few

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.001 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1887 things Democrats aren’t thrilled about. CHINA AND PROTECTING AMERICAN and open society that allows great The same is true of our Republican INTELLECTUAL PROPERTY thinkers to create great ideas and friends. That is true of all com- Mr. President, now on a final issue, products, they steal it, and we do noth- promises. If each of us stood on our while we are talking about agreement ing. It is one of the things that aggra- hind legs and said ‘‘If I don’t get every- and bipartisanship, I don’t agree with vates me more than most others. Fi- thing I want, I am voting no,’’ we President Trump on a whole lot, but nally, President Trump is doing some- would be totally paralyzed, and that today I want to give him a big pat on thing, unlike his predecessors, so I happens far too often in this body, but the back. He is doing the right thing commend him. on this appropriations bill, this omni- when it comes to China. The WTO—they have been grossly in- bus, somehow that didn’t happen. For many of us, since Senator GRA- adequate for this problem. We cannot There was a remarkable spirit of give- HAM and I went and visited China over continue to ignore flagrant cheating by and-take in the room. a decade ago, we have watched China China, whether WTO likes it or not. So rapaciously take advantage of Amer- Overall, we Democrats are very the administration’s announcement ica, American jobs, American workers, happy with what we have been able to today is a leap forward. If this new and America’s intellectual property. accomplish on a number of very impor- push is going to be successful, we need China is ruthless in how they go after tant priorities to the middle class in our allies to work with us—Germany, us. They do it quietly. They do it with America: infrastructure, education, Italy, France, Britain, open and free a smile. Unfortunately, previous Presi- opioid treatment, mental health, societies, unlike China. They know dents—Democratic and Republican— childcare. For nearly a decade, the their stuff is being stolen too. Join just stood by as China did what it did middle class in this country has suf- with us. If we are a united, strong front to us. fered from a needless and self-imposed against Chinese activities on intellec- President Trump is exactly right tual property, we can force them to austerity, limiting investment of all of when, this afternoon, he will propose a the things that create good-paying jobs change their ways, but they will not do plan designed to punish China for its it by persuasion; they will not do it by and improve the working conditions of most flagrant trade abuses. Americans, improve the lives of Ameri- smiling; and, frankly, they will not do I have called for such action for years it by diplomacy when some of our dip- cans. This spending bill, this spending and have been disappointed by the in- agreement, brings that era of austerity lomats come in and say: We need China actions by both President Bush and for this thing; ignore the economic to an unceremonious end and rep- President Obama. I am very pleased resents one of the most significant in- theft; ignore the economic disadvan- this administration is taking strong tage. So I support what the President vestments in the middle class in dec- action to get a better deal on China be- ades. is doing. cause China has stolen and extorted When it came to the tariffs on steel So many of the middle class are frus- the intellectual property of American and aluminum, I supported the thrust, trated, and they don’t know why. Well, companies for years without repercus- I supported the President’s instinct, one of the reasons is quietly, but unfor- sion. but it wasn’t focused enough on China tunately and quite decisively, this Con- Our intellectual property is our fam- and hurt too many of our other allies, gress cut back on the very ladder that ily jewel. The American way of open- like Canada, where we have a trade helps the middle class climb in edu- ness, of thinking, of debate has created surplus. I hope the President corrects cation, in infrastructure, in healthcare. the kind of place where great thinkers his thinking on that, but, here, this is It was cut and cut and cut. The help come, think of great ideas, and those aimed at China and one of the ways that the Federal Government has given ideas are often translated into millions China hurts us the very most. It is to the middle class since the progres- of middle-class, good-paying jobs. smart. It is good. I salute our Trade sive era of the early 1900s was taken China knows this, but China is not a Rep Lighthizer for pushing this issue; I away quietly but decisively. It is back. free and open society. To achieve the salute our Commerce Secretary Ross It is going to help middle-class people kind of gains and advancements in for pushing this issue. stay in the middle class. It is going to technology, in biomedical science, and By the way, to help support the ad- help those aspiring to the middle class so many other things, they have to ministration’s efforts to crack down on climb that ladder and get there. It is steal what we do sometimes by buying China, we will fully fund the USTR’s really a good thing, and I am excited our companies, sometimes by cyber trade enforcement fund at $15 million about it. theft, sometimes by just these joint in the omnibus. So let’s make sure As the Republican leader mentioned, ventures, and they tell American firms: China starts playing by the rules, and it robustly funds our military, giving You can only come to China if you give intellectual property is certainly at our men and women in uniform the re- away your intellectual property. China the top of the list. Today’s announce- sources they need; it also improves our is taking huge advantage of us. ment by the President will be a great ability to respond to wildfires; it Intellectual property is the lifeblood start in that direction. Democrats, Re- makes a critical downpayment on elec- of emerging industries and the good- publicans, Americans of every ideology tion security; it provides a reliable paying jobs they provide. The Amer- and every region of the country should pathway for the essential infrastruc- ican advantage of intellectual property support these actions. ture projects in our country; and it is one of the main things that will keep I yield the floor. makes an incremental but important us No. 1 economically in this century The PRESIDING OFFICER (Mrs. progress on the issue of gun violence— but not if we allow it to be stolen and FISCHER). The Senator from Tennessee. a debate this Congress must resume taken advantage of, and the country OMNIBUS APPROPRIATIONS BILL soon. that does that more than any other is Mr. CORKER. Madam President, I China. rise today to speak about the omnibus Again, that era of austerity, which so As I said, intellectual property is the bill that we are going to be voting on hurt middle-class Americans, is coming lifeblood of emerging industries and either later today or tomorrow. to an unceremonious end because this the good-paying jobs they provide, so it I came to the Senate almost 12 years bill respects one of the most signifi- is impossible to overstate the cost of ago. I have 9 months left in my term. cant investments in the middle class in IP theft to our economy and our work- I told folks back home that I couldn’t decades. For these reasons, I am con- ers. This sentence pains me, and I imagine serving more than two terms. fident this agreement will pass both think about it often: GEN Keith Alex- Yet it has been an incredible privilege Houses of Congress; hopefully, with ander, a four-star general, nonpolitical, to be here. When I ran, I ran concerned comfortable margins; hopefully, in a was in charge of cyber security in about our Nation’s fiscal issues, and I bipartisan way. America, and here is what he said: Chi- ran on the combination of pro-growth Again, I thank the Republican leader na’s theft of our intellectual property tax reform and entitlement reform and for his part in reaching this agreement, is ‘‘the greatest transfer of wealth in dealing with the tremendous deficits and I look forward to passing this leg- history.’’ We are letting them do it. that our country has. I really thought islation as soon as possible. The crown jewel of America, our free we would do something about it.

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.004 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1888 CONGRESSIONAL RECORD — SENATE March 22, 2018 We had the financial crisis that took trillion in deficits over the next 10 to speak of the $100 trillion of unfunded place back in 2007, 2008, 2009—building years. liabilities. in 2007 and occurred in 2008. We dealt What was fascinating during the My Democrat friends, raised unmiti- with much of it over 2009. I remember month of December, when we were gated H-E-L-L over the tax bill that talking to people around our country dealing—let me stop for a second. was potentially going to create some not just about the financial crisis but Let me just say this. There are a lot deficits if growth projections didn’t about the tremendous deficits that our of discussions about the fact that occur. I have not heard a word from Nation was creating. I was still hopeful maybe the Republican Party has lost them—not a word, not a word—about in my first term that we would rise to its soul. There is a lot of discussion the fact that there is no question that the occasion and actually deal with the about that around the country—that we are adding $2 trillion in debt here— fiscal issues that are going to haunt maybe the Republican Party has lost no question. This is money gone, down these young people who are our pages its soul. the tube, out the door, and no way to sitting before me. We have $21 trillion I will say that for the Republican pay for it. I haven’t heard a word from in debt today and over $100 trillion in Party to have the Presidency, for the them—not a word. My friends in the unfunded liabilities with our long-term Republican Party to have the Senate, media were beside themselves—beside programs, our mandatory spending pro- and for the Republican Party to have themselves—in December. I mean, the grams. So during that period of time, the House of Representatives, and for world was going to come to an end if near the end of my first term, I kept us to be passing a bill today—obvi- the growth projections that were laid saying to people around the country: ously, it couldn’t happen without us; out didn’t occur, and the deficits that There is no question that the Senate we control the agenda here—for us to might be created by this tax bill if we and the House, with leadership from be in this situation where we are get- didn’t have the growth projections. the executive branch, will deal with ting ready to pass a bill that adds $2 They were just beside themselves. I this fiscal issue. trillion in deficits over the next 10 have not heard a word from them. It is I am convinced today that that is not years, or sets the stage for that by amazing. Somehow or another, spend- going to happen until there is a crisis passing the first 2 years with a huge in- ing more money than we have is dif- in our Nation. Let me say it one more crease in base spending with no offsets ferent than hoping to create pro- time. Without extreme leadership at to speak of, does have to be a wake-up growth tax reform. the very top, I do not think we will call for people as for whether that is So let me just say this. I am opti- deal with this issue until there is a cri- the case. mistic about our future. I see young sis, because I just don’t see the will I can’t imagine, for instance, had the people around our country who are just here to do the things that need to be 2016 election gone a different way and so impressive. I go to schools. I go to done. we had a Democratic President and we colleges. I see people in townhall meet- During December we had a debate on controlled the House and Senate, our ings, in restaurants, at the grocery the pro-growth tax reform side of this, being in a situation where we would store and in other places, and I could and I think it is well documented that vote tonight or tomorrow for a bill not be more upbeat about the genera- I had concerns about it. As a matter of that is going to add $2 trillion in debt tion of people coming after us—who fact, when the bill came through the without offsets. As a matter of fact, I care about others, who care about the Senate, I voted against it. I continued can just tell my colleagues, absolutely, future, and who are engaged in issues. to work with some of my counterparts that would not be the case. We will have a big crowd up here this on the Democratic side—CHRIS COONS So here we are. There are going to be weekend, caring about a particular and others—and the White House, to all kinds of things in this bill that peo- issue that they should care about. see if there was some way to poten- ple don’t even know about. It is just But I could not be more discouraged tially alter the bill so that if growth human nature. When you have the pen about where we are today with our adult leadership here in Congress and projections didn’t achieve what we in your hand and you are working in a at the White House. thought they might be, we had some back room some place—and I don’t This is one of the most grotesque criticize back rooms; that is how these way of ensuring that we would not pieces of legislation I can remember. have deficits. At the end of the day, bills get written—people do things that One of the best votes I ever made was when it came to the floor, I supported benefit themselves. They just do. That the Budget Control Act. It was criti- it—pro-growth tax reform, again, being is the way it works. I don’t even want cized, but it kept domestic and discre- one of those things that I ran on back to speak to that. That will be some- tionary spending on a level. We should in 2006. thing I hope the media will speak to have done the rest of it. The rest of it What concerns me is that today, or over the next two or three weeks, when was people getting together to solve maybe tomorrow, we have a 2,232-page we find, in these 2,232 pages that no one our long-term problems. That didn’t omnibus bill before us that sets a base has read, the things in this bill that happen. We created sequester, and I in spending that will be about $2 tril- are going to be egregious to the Amer- know that has built some of the pres- lion in deficit spending over the next 10 ican people—highly egregious. sure that leads us to where this bill is years. By the way, that doesn’t include I hope people will find them. I hope today. some of the supplemental items. I am the media will report them. I know This is a grotesque piece of legisla- talking about just the baseline in they are in there. I just don’t know tion—grotesque—that we would pass a spending. what they are yet because the bill has piece of legislation that would set the I think everyone knows that, like the just been produced. That is of concern. standard for $2 trillion in deficit spend- Presiding Officer, I am a very strong What is of grave concern to me is ing not offset. supporter of our men and women in that we have made no attempt whatso- I am discouraged. I am discouraged uniform. No doubt we all understand ever to create any kind of offsets and about where we are today. I am dis- that the defense numbers in this bill no attempt whatsoever to try to solve couraged about the fact that we con- are way beyond even what the execu- our fiscal issues. Together, Republicans tinue to be engaged in generational tive branch asked for. Somehow, in and Democrats are running off a cliff theft—my generation. these negotiations, we have ended up, and passing a bill. We will not deal with mandatory over a 2-year period, with an average Now, let me speak to Democrats. I spending—mandatory spending that increase in base spending of about $150 am criticizing Republicans, as I should, benefits my generation. To these young billion. When you multiply that times with this piece of legislation, when we people sitting in front of me, we are en- 10, that is $1.5 trillion. We know there control the executive branch, we con- gaged right now in generational theft are going to be increases over that 10- trol both Houses of Congress, and we because we are transferring from you year period. Then, if you look at the are getting ready to pass a bill that to us your future resources, because we interest on the debt that it is going to will add $2 trillion for these young peo- don’t have the courage or the will to create, we are voting on a bill tonight ple to pay for down the road, which deal with issues. or tomorrow that is going to add— will compound, compound, compound. By the way, unfortunately, the there is no question—a minimum of $2 We have $21 trillion in debt today, not American people are not there. The

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.005 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1889 American people do not care about this Mr. DURBIN. Madam President, I use propriations bill, and it includes some issue because we are living fat and the term loosely, but last Saturday, provisions about gun safety. They are happy today and because the crisis has the 17th of March, was one of the high good. I don’t argue with them. One is not yet occurred and because we can holy days in Chicago—St. Patrick’s called Fix NICS—try to make sure slough it off on you and keep ourselves Day. They color the Chicago River more information is put into the back- from making these tough decisions. green. Everybody wears green. There ground check system. There is another By the way, these tough decisions are great parades, great celebrations. I one related to school violence, which play themselves out in the polls be- look forward to it each year—going provides grants to schools to make cause people get angry about the fact back to my parish, Old St. Pat’s, for them safer and such. I have no objec- that we need to be responsible and that mass and celebration and having a tion whatsoever. But we are not get- we need to make sure that you guys wonderful day of a lot of good feelings. ting to the heart of the issue. are not going to pay these huge tabs. During the course of the St. Pat- This is the heart of the issue: We By the way, your standard of living, rick’s Day Parade, I walked along with have a Second Amendment that gives when we pass this bill, will be dimin- various groups who were going to rights to Americans to legally own ished. When you go on to college and march and came upon the Chicago Po- guns and use them responsibly, and the graduate and start working in your lice Department’s bagpipe and drum Supreme Court has made clear that we job, just know that what we are getting band. I noticed that the banner they can draw clear lines as to what is per- ready to do tonight or tomorrow is were carrying for the day was in honor missible in that gun ownership and gun going to diminish your standard of liv- of a wonderful man by the name of usage. We can draw lines that say: Yes, ing, because we are going to pass a Commander Paul Bauer. if you have been convicted of a felony, Paul Bauer, a commander of the Chi- huge bill, unpaid for, that you are you cannot own a gun. You cannot as- cago police force, was downtown in the going to pay for and your children are sert a Second Amendment right. You Loop of Chicago on February 13. He going to pay for. That is what we are have disqualified yourself. We can say: was attending an important meeting, If you are mentally unstable, you can’t doing. and he heard over his radio that a fugi- That is what we are doing because we legally own a gun in America. You tive was trying to escape. He dropped can’t assert Second Amendment rights don’t have the will as a body to say: what he was doing, joined in, and par- OK, if we are going to spend this addi- in that circumstance. We can put pro- ticipated in trying to catch this fugi- visions in the law relating to the type tional money, what is it that we are tive. He was cornered in the stairwell going to cut over here? What are we of gun that you own, how old you have by this man and shot dead. The man to be to buy that gun, what kind of going to do relative to the fact that who shot him got off six rounds and right now Medicare recipients take background check takes place. But killed this wonderful man who had none of that—none of that—is included about three times out of the program served not only the city of Chicago but what they put in. What are we going to in this omnibus bill. our Nation in his role with law enforce- My fear is that many Members of do about that? ment. He left behind a young wife and Congress will say: Well, we got a lot of Well, see, we are going to do nothing beautiful teenage daughter. He was contacts after the Parkland, FL, situa- about it because that is unpopular, and from the Bridgeport community of Chi- tion, and met with a lot of people. Now people don’t want to hear the truth cago, and when his funeral was held, we have taken care of our constitu- about these things. Instead, what they massive crowds showed up, people pay- tional obligation with the provisions in would rather do is say: Well, let’s ing tribute to Paul Bauer. this omnibus bill. worry about that down the road. The reason I raise that is because It will be a sad day if that is the case But let me tell you who is going to be they traced the gun that was used to because what we have done in this om- worrying about it. You are going to be kill this brave policeman. It was a gun nibus bill would not have stopped that worrying about it. that was originally sold legally killer from taking the life of Com- I know you have seen some out- through a federally licensed dealer in mander Paul Bauer—not at all. So as standing people. I serve with out- Madison, WI, and then the person who far as I am concerned, we have fallen standing people in this body. I really purchased it sold it, without a back- far short from where we need to be do. They are intelligent, hard-working ground check, to a member of his gun when it comes to gun safety. people. I really do. It has been a great club. We don’t know whether that per- Something is about to happen this privilege. But what you are going to son was disqualified, under the law, Saturday, a week after our St. Pat- see tonight and tomorrow is a bunch of from owning a handgun, but we do rick’s Day Parade. There are going to hard-working people pass a piece of know that the next purchase was the be marches and parades across the legislation that is going to make your purchase that made a difference. That United States on March 24. Tens of lives and your kids’ lives worse. person decided to sell the gun on the thousands of students and their sup- I will not support this piece of legis- internet, with no background check, porters are going to march right here lation. I know it is going to pass over- and ended up selling it to a convicted in Washington, in Chicago, where I will whelmingly because there is too much felon—a person disqualified, under the join them, and in cities and towns all in it to make people happy for the mo- laws of this country, from owning a across America, including Springfield, ment. But let me just say that down gun. That is when that handgun got IL. They will march to urge law- the road the American people are going into the world of crime. It was used in makers—like me—to finally pass to be very unhappy with our lack of re- the commission of a crime months be- meaningful gun reforms that help keep sponsibility. fore the shooting of Commander Bauer, our children safe and our communities Not only do I question the soul of my and it was used to kill him on that day, safe. own party, I question the soul of the February 13. There are things that happen in our other party, and I wonder where the The reason I raise that is we know personal lives that we bring to our pro- media is and why they are not out cry- what we need to do. We need universal fessional lives, and I will share one of ing over what we are getting ready to background checks—no ifs, ands, or them with you. do. buts about it. Whether selling to a per- After the terrible shooting that oc- With that, I yield the floor. son at a gun show or over the internet, curred in Florida, my daughter, who I suggest the absence of a quorum. there ought to be a background check. lives in Brooklyn, NY, was talking to The PRESIDING OFFICER. The There is no excuse for selling a gun le- her daughter, my little granddaughter, clerk will call the roll. gally in the United States to someone a first grader. Her daughter, that first The legislative clerk proceeded to who is prohibited by our laws from grader, said: Mom, the teacher told us call the roll. owning it—none. That is what hap- that if there is a shooter in our school, Mr. DURBIN. Madam President, I ask pened. That is why that wonderful stay away from the windows and get unanimous consent that the order for man, that brave policeman, lost his down on the floor. the quorum call be rescinded. life. In first grade, they are being warned The PRESIDING OFFICER. Without The reason I raise that is we have a about shooters coming into their class- objection, it is so ordered. bill before us now. It is an Omnibus ap- room. Who would have dreamed that

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.006 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1890 CONGRESSIONAL RECORD — SENATE March 22, 2018 America would reach this point? It has. school this week, President Trump and at one time? Those are the clips that Who would possibly argue that the Sec- the Republican majority of Congress are being used, incidentally, by these ond Amendment envisioned that possi- are still unwilling to push for universal shooters. Those are the clips that are bility, that we would arm teachers so background checks and an end to high- being used for mass killing in America. we could have some sort of a shootout capacity magazines and assault weap- Those clips do one thing: They take in a first grade classroom anywhere in ons. human lives. It is not a question of this country? There were modest measures in- sport or hunting or target practice. The marches that will take place on cluded in this bill. Is that all we get? Is The PRESIDING OFFICER. The Sen- Saturday are a sign that perhaps that it? Is that the end of the national ator has used 10 minutes. America has reached a tipping point on debate on gun safety for another 5, 6, or Mr. DURBIN. Madam President, I ask gun safety. The fact that a majority of 8 years? unanimous consent to speak for 3 addi- There is important language that I gun owners have stepped up and said tional minutes, if the Senator from included in the defense portion of the that we should have universal back- Utah will give me that opportunity. ground checks is an indication that we bill, directing the Department of De- are reaching that point. The younger fense to not only submit all its rel- The PRESIDING OFFICER. Without generation is standing up, speaking evant records for NICS background objection, it is so ordered. out, and, frankly, confronting us— checks but also to flag and prevalidate Mr. DURBIN. Let me close by saying, those of us who are in positions of the records that would prohibit a per- on March 24, students and Americans power, elected office—confronting us to son from buying a gun. It is a step in of all ages will march in the streets to do something and stop talking about the right direction. It is necessary, but honor those who have been lost to it. it is not sufficient to really make a dif- senseless gun violence and to call on These young people are tired of living ference when it comes to gun safety. their elected representatives to step in fear, as are many students across The prevalidation and flagging are up. I support the marchers. I will con- this country. They are fed up with the important for the FBI to help us and tinue to work for meaningful action to status quo, in which hundreds of Amer- will help them quickly confirm wheth- help reduce gun violence. I am going to icans are getting shot every day while er a person should be blocked from a keep doing everything I can to put the politicians sit on their hands in fear of gun sale. But let’s be honest; this om- safety of our kids and our neighbor- the gun lobby and the National Rifle nibus bill that we are considering hoods ahead of the gun lobby’s agenda. Association. today and tomorrow doesn’t address I don’t have any obligation to the I don’t care what my scorecard is the fundamental challenges our Nation National Rifle Association whatsoever, with the National Rifle Association. I faces when it comes to gun violence. It but I do have an obligation to a grand- know, incidentally, it is a failing takes a pass. daughter living in Brooklyn, NY, in the grade, which I wear with pride. I don’t It is time for Congress to start con- first grade, who has been warned about care about my scorecard there. I care sidering legislation on gun violence what to do if a shooter comes into her about my scorecard with the people I that the gun lobby might not like. We classroom. represent in Illinois, and I particularly can’t let the National Rifle Association I hope my colleagues from across the care about the students and the par- have veto power over gun policy in this aisle will join me. It is time to take a ents who are worried about whether Nation. Politicians need to recognize stand and show leadership. America is the school for their kids will be the the obvious. The gun lobby is increas- waiting. next site of gun violence. ingly angry, sometimes paranoid, often I yield the floor. These young people who are going to isolated in its political positions. It no march on Saturday are fed up with longer speaks for the majority of peo- The PRESIDING OFFICER. The Sen- lawmakers who ignore the over- ple who own guns responsibly in Amer- ator from Utah. whelming majority of Americans who ica. NOMINATION OF RYAN NELSON want to close loopholes in the back- Remember, the gun lobby cares about Mr. LEE. Madam President, I wish to ground check system. Through their one thing more than anything: selling speak for a few minutes about Ryan powerful advocacy and eloquence, firearms. It is all about the business Nelson, who has been nominated by the these juniors and seniors in high school side of the ledger—the bottom-line President to serve as the Solicitor of are already bringing about change. profit margin. the Department of the Interior. Ryan Listen to what businesses across the Violence prevention is not the focus is a fantastic choice for this position at country are doing. They are distancing of the gun lobby’s agenda. In fact, the Interior. As a native and current resi- themselves from the National Rifle As- gun lobby usually opposes violence pre- dent of Idaho Falls, he is a fellow west- sociation. It is no longer considered vention legislation just in case it erner who understands the issues con- just another political organization. might hurt gun sales. It has reached fronting the West, confronting the re- They are voluntarily changing their the point where the NRA endorsement gion, confronting the entire country as business practices so they don’t give a of gun reform proposal is typically a it relates to the U.S. Department of break to a gun lobby that will not give sign that the proposal is not meaning- the Interior. a break to honest Americans who want ful. Ryan would not just work on behalf to be safe in their homes and schools. We can’t settle for the status quo of the West. I know he is someone who The students from Parkland, FL, have anymore. We are facing a public health is going to serve honorably on behalf of helped these businesses recognize that crisis of gun violence, and half-hearted the American people as a whole. In they need to be part of this effort. measures are not enough. We need to We are seeing new gun safety reforms fight for meaningful gun safety re- order to do that, he first has to be con- passed in State legislatures—not so forms. We need to call up measures firmed. much here in Washington but in States like universal background checks and By my count, it has been 232 days like Florida that have a long tradition ending high-capacity magazines. since Ryan Nelson was nominated. of voting the other way on gun issues. Tell me why a person who owns a There should be no further delays. The Unfortunately, the Republicans, who firearm, whether it is handgun or a American people deserve to have quali- control the House, the Senate, and the semiautomatic weapon, needs to have a fied professionals in the executive White House, still haven’t gotten the high-capacity magazine so that they branch, and Mr. Nelson is qualified, to message. What we have included in this can fire 30 or 60 rounds at a time. Tell put it very mildly. He is someone who omnibus bill is weak soup; 17 lives in me why. You might need that if you has worked in notable posts of respon- Parkland, FL, are worth more than are in the military. You might need it sibility in all three branches of govern- what we are putting in this bill. Even when it comes to police work and keep- ment. after Parkland, after all of the lives ing our communities safe. There could During the George W. Bush adminis- that have been lost to violence, even as be circumstances where they are need- tration, Ryan worked as Deputy Assist- the school shootings continue, included, but why would an individual citizen ant Attorney General in the Depart- ing a shooting in a Maryland high need the capacity to fire 30 or 60 rounds ment of Justice’s Environment and

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.007 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1891 Natural Resources division. In that po- released the 2018 Omnibus appropria- teams—in other words, to evaluate be- sition, he personally argued 13 appel- tions bill. It includes a proposal that I forehand where people are vulnerable. late cases. He also oversaw 700 attor- feel very strongly about, and I am It includes security measures and neys and staff, who touched on all as- grateful to him and all of our col- anonymous reporting systems. This pects of energy and environmental leagues for their support. I particularly bill is widely supported and shows that issues within the Department of Jus- want to acknowledge the advocacy of even on a divisive issue, there is plenty tice. the majority leader, MITCH MCCON- of room for common ground. Later, Ryan worked in the White NELL, to make sure this provision is in- In that same letter, the 13 Parkland House as deputy general counsel for cluded in the omnibus bill. The House families said they supported Senator the OMB and as special counsel to will soon vote on the omnibus, and HATCH’s school safety measures. They then-Senator Jeff Sessions. That is just then I hope we can quickly follow suit also expressed support for the Fix NICS his experience in government. here in the Senate. bill, which they said is desperately Ryan has acquired senior manage- The provision I am referring to is, in needed to improve compliance with ment experience in the private sector shorthand, called Fix NICS. NICS, of firearms purchasing background check as well. For the past 8 years, he has course, is the National Instant Crimi- systems. worked as general counsel for nal Background Check System. I think A recent Gallup Poll showed that the Melaleuca, which is a very successful it is a reasoned and reasonable republic broadly supports proposals like billion-dollar Idaho business. sponse to the shootings that have, ap- Fix NICS. More than 9 in 10 see the im- Ryan does not just know what it is pallingly, occurred in our schools, our portance of background checks. like to work in government, what it is churches, and in our public spaces. Over the last few weeks, there has like to work in Washington. He knows Just this last week, a gunman opened been a true groundswell of support for that, but he also understands the chal- fire at a high school in Maryland, not this bill that I and the junior Senator lenges that businesses and workers face far from here, and, of course, shootings from Connecticut, Mr. MURPHY, coin the modern world. have occurred in Florida, Texas, Ne- sponsored. The supporters now include I have known Ryan for many years. vada, Charleston, SC, and elsewhere. not only victims’ rights advocates, gun Ryan and I got to know each other Our constituents are frustrated, fright- violence prevention groups, and pros- while we were both in law school at ened, and fed up. They want us to do ecutors, but also the U.S. Conference of BYU. I got to know Ryan and his wife something. More importantly than Mayors, the National League of Cities, Barbara, who have 7 lovely children. that, they want us to do something the Major County Sheriffs of America, After law school, I ended up recruiting that will be effective and save lives. I as well as other law enforcement him to work at the law firm where I am happy to say the Fix NICS bill fits groups. All of these organizations have was then employed, Sidley Austin. that description. endorsed Fix NICS and signed a letter After pulling all-nighters alongside People who haven’t been active on that asks that the majority and minor- Ryan, I can confirm what nearly 50 of this issue now are raising their voices ity leaders put this measure to a vote. his former colleagues wrote about him and demanding that they be heard. Now, in its having been included in the in a recent letter of support: He is an Students are worried, understandably, Omnibus appropriations bill, we will fi- excellent choice to serve as solicitor. and parents of students are worried. nally have a chance to do that—first in Ryan has outstanding analytical They simply don’t want what happened the House and then in the Senate. skills, and he pays immense attention in Parkland, FL, to occur to them. We These organizations and the general to details. These are qualities that will need to listen to all of these voices, in- public agree that fixing our back- serve him well as the Department of cluding to these students, who obvi- ground check system should be a na- Interior’s top lawyer. ously will shape our Nation’s future. tional priority and that we should bet- As you know, this administration has They don’t want to go to school and ter ensure that convicted criminals made it a priority to repair the rela- wonder whether bullets will rain down with past histories of violence and tionship between the Federal Govern- their hallways or whether their friends mental illness do not purchase or pos- ment and the Western States, where might be the next victims. sess firearms, as the law currently in the Federal Government owns so much In a recent interview, one teenager effect provides. They see merit in try- land. Too many workers in the West said something that was trite but true. ing to fix our system that currently still don’t feel as though they are She said: ‘‘Guns are not the problem. has allowed these same people to slip treated fairly by their government. We The people are the problem.’’ I happen through the cracks and purchase fire- can help restore that trust by con- to agree with that. arms in order to kill innocent people, firming impartial, well-qualified nomi- One question about school shooters like the 26 who were gunned down in- nees. Ryan Nelson is such a nominee. is, How did they get to the point at side the First Baptist Church in Suth- We need him at the U.S. Department of which they thought that shooting up erland Springs, TX, just outside of San the Interior. public places was what they really The Interior Department needs to Antonio. wanted to do? How did they justify it Some have said that Fix NICS have a Solicitor. Ryan Nelson is an ex- in their own minds, as warped as that doesn’t go far enough, that it is a mod- ceptionally qualified nominee for that might be? Also, what is it about our est measure. I have to question that position. Let’s confirm Ryan Nelson culture, their home environments, or sort of description. Is it really a mod- today. I yield the floor. their mental states that allows them est measure if it will, in fact, save I suggest the absence of a quorum. to rationalize violence that does such lives? I think not. It is a necessary The PRESIDING OFFICER. The tremendous harm? How does slaugh- measure and one that brings people to- clerk will call the roll. ter—because that is what it really is— gether across the political spectrum, The legislative clerk proceeded to become justified in their warped per- Republicans and Democrats alike. Even call the roll. spectives? I admit that those are tough if Fix NICS were to save just one life, Mr. CORNYN. Madam President, I questions to answer, and they are that would be reason enough to enact ask unanimous consent that the order tough to even ponder, but we still can it, but I think that is unlikely. I think for the quorum call be rescinded. and have to do what is possible to pro- it will save many lives once it is en- The PRESIDING OFFICER. Without tect our schools, our churches, parents, acted into law and signed by the Presi- objection, it is so ordered. teachers, and our children. dent. OMNIBUS APPROPRIATIONS BILL Recently, 13 families from Parkland, We have 78 cosponsors of this legisla- Mr. CORNYN. Madam President, I FL, wrote in support of this particular tion. I can’t think of another piece of rise to mention one piece of legislative legislation—legislation that would im- legislation that has enjoyed such broad business and then will pay tribute to prove school safety, that has been bipartisan support, including by the the senior Senator from Mississippi, sponsored by our colleague, the senior majority leader and the Democratic Senator THAD COCHRAN. Senator from Utah. Senator HATCH’s leader, Senator SCHUMER. In today’s Last night, the Appropriations Com- bill would fund the creation of and pro- hyperpolarized environment, that kind mittee, which Senator COCHRAN chairs, vide training for threat assessment of support speaks for itself.

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.009 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1892 CONGRESSIONAL RECORD — SENATE March 22, 2018 I look forward to its passing in the The majority leader has called him NATIONAL DEFENSE AUTHORIZA- House as part of the funding bill, and I the ‘‘quiet persuader,’’ one who knows TION ACT FOR FISCAL YEAR hope the Senate will do the same be- ‘‘there’s a big difference between mak- 2018—MOTION TO PROCEED—Con- fore the end of the week. ing a fuss and making a difference.’’ tinued TRIBUTE TO THAD COCHRAN Judge E. Grady Jolly, of the U.S. The PRESIDING OFFICER. The Sen- Madam President, I close by saying a Court of Appeals for the Fifth Circuit, ator from Tennessee. few words about our friend and trusted who has known Senator COCHRAN as TRIBUTES TO THAD COCHRAN colleague, the senior Senator from Mis- long as anyone, said that back home, Mr. ALEXANDER. Madam President, sissippi, THAD COCHRAN, who has an- he is known for his ‘‘modesty and his nounced his retirement from the Sen- retiring nature’’—not attributes you I rise to say a word about my friend ate. I know the real tributes are about would normally associate with some- THAD COCHRAN, who is retiring from to kick off in a minute when the ma- body in politics, but he is a class act. the U.S. Senate. jority leader comes out, but since I am He is also known for the consistent at- In 1968, I had the job of recruiting up here, I thought I would take the op- tention he has paid to the Mississippi State chairman for Citizens for Nixon- portunity to say a few words. Delta—one of the poorest regions in Agnew. I was a very young, wet-behind- Senator COCHRAN has represented the the Nation’s poorest State. The judge the-ears former legislative assistant to Senator Howard Baker. We were work- State of Mississippi in the U.S. Senate calls Senator COCHRAN the ‘‘ultimate since 1978. He is one of the longest serv- model of sincerity,’’ one who ‘‘never ing in the Willard Hotel in the fall of ing Members of Congress in the history engages in ad hominem or personal at- 1968. The idea was to try to find out- of the United States. His career and his tacks’’ and always ‘‘keeps a sense of standing citizens who weren’t nec- life speak for themselves. humor about himself.’’ essarily Republicans because in the He is the son of a school principal My office spoke to one Mississippi southern part of our country, there and math teacher. Not surprisingly, he resident this week because we wanted weren’t a lot of Republicans, especially was a gifted high school athlete. He is to learn a little bit more about what in the State of Mississippi. a piano player and a former college So I called around the State of Mis- Senator COCHRAN has meant to her. yell leader. Yes, even like me, he is a That woman, who had met Senator sissippi to find out who might be will- recovering lawyer, but we will not hold ing to head up this Nixon-Agnew cam- that against him. COCHRAN only a handful of times, said she had always respected and admired paign. Everybody I called said: Well, Before he joined Congress, he served there are two young men here who are in the U.S. Navy because he loves this Senator COCHRAN’s statesmanship and the dignity with which he represented just the most outstanding young men, country and the opportunities it has both are cheerleaders at Ole Miss, or afforded him and his family. He is a Mississippi. Her comments are a good note to end on—statesmanship and dig- had been, and both are going to grow man with a strong sense of duty and up to be the Governor of Mississippi, gratitude for the opportunities he has nity. Those traits never go out of style. I know I speak for my other col- which was, at that time, I guess, the been given in life. After ROTC at the nicest thing one could say about some University of Mississippi, he received leagues—and they will speak for themselves—when we all say thank you to aspiring young man because nobody orders to join the USS Macon, and after thought the two U.S. Senators, East- that he joined the staff of the Navy THAD COCHRAN for setting a higher standard for the Members of this body. land and Stennis, would ever retire. So commandant in New Orleans. Later, he growing up to be the Governor of Mis- ran for public office. He first served in The U.S. Senate will not be the same without him. sissippi was really a great compliment the House of Representatives. He then, to a young man in Mississippi at the of course, came here to the Senate, f time. One of those young men was where he quickly established himself named Trent Lott, and one of those as a cordial but formidable presence. KENNEDY-KING NATIONAL young men was named THAD COCHRAN. Before I came to the Senate, Senator COMMEMORATIVE SITE ACT I telephoned THAD COCHRAN, and I in- COCHRAN was chairman of the Senate Mr. CORNYN. Madam President, I vited him to become chairman of the Republican Conference. He has chaired ask unanimous consent that the Sen- Citizens for Nixon-Agnew. He was a the Senate Agriculture, Nutrition, and ate proceed to the immediate consider- Democrat, but he agreed to do that. We Forestry Committee too. Most re- ation of H.R. 4851, which was received met in October of that year in Indian- cently, he has alternated between serv- from the House. apolis. The mayor of Indianapolis then ing as ranking member and chairman The PRESIDING OFFICER. The was Richard Lugar, a young mayor at of the all-powerful Appropriations clerk will report the bill by title. that time and later a Member of this Committee. The bill clerk read as follows: body. That was the beginning of THAD Throughout his 45 years in Congress, A bill (H.R. 4851) to establish the Kennedy- he has participated in crafting and en- COCHRAN’s Republican Party activity. King National Commemorative Site in the He and that other young man—who acting historic legislation, but his State of Indiana, and for other purposes. were so promising—both ran for U.S. main focus has always been on the peo- There being no objection, the Senate ple of Mississippi. His highest priority Congress in 1972, and to the surprise of proceeded to consider the bill. a great many people, they were elected, has always been on the men and women Mr. CORNYN. Madam President, I he was elected to represent in places the first Republicans since Reconstruc- ask unanimous consent that the Young tion, I suppose, from Mississippi—THAD like Jackson, Gulfport, Greenville, amendment at the desk be agreed to; Starkville, and Hattiesburg. One exam- COCHRAN and Trent Lott. the bill, as amended, be considered In 1978, THAD COCHRAN did something ple is when he fought so hard for recov- read a third time and passed; and that ery funding after Hurricane Katrina nobody had done from his State since the motion to reconsider be considered the Reconstruction; he became a Re- had destroyed large swaths of the made and laid upon the table. southern part of Mississippi. Many peo- publican who was elected to the U.S. The PRESIDING OFFICER. Without ple forget that that awful storm was Senate, and he has been here ever objection, it is so ordered. much bigger than New Orleans’. Mis- since. The amendment (No. 2215) was agreed sissippi was hit almost equally as hard, The reason he was able to be success- to, as follows: and Senator COCHRAN made sure his ful is not surprising. THAD was and is State got the help it needed to get (Purpose: To strike a provision relating to a an engaging, pleasant person. His par- special resource study) back on its feet. ents were educators. He learned to play His storied career is one of service In section 3, strike subsection (d). the piano. He was a terrific baseball and collegiality even amidst the frac- The amendment was ordered to be player—good enough to play profes- tious debates. He treats friends and po- engrossed and the bill to be read a sional baseball. He joined the Navy. He litical adversaries with respect. He lis- third time. was, in every respect, an outstanding tens to what people have to say. We The bill was read the third time. young man, just as he has been a dis- need more people like that in public The bill (H.R. 4851), as amended, was tinguished public servant throughout life. passed. his life.

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.010 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1893 He has been widely respected here by braries, university-based research and devel- We can make our lives sublime; his colleagues, elected to be chairman opment, conservation of the environment And departing, leave behind us of the Republican conference, and most and our wetlands, forestry, health care and Footprints on the sands of time. recently he has been chairman of the criminal justice; and, As THAD COCHRAN departs the Senate WHEREAS, Senator Cochran, who also in a few days, I think it is appropriate Appropriations Committee, which is as served in the U.S. Navy, has worked to pro- important as any position in this body. tect the U.S. Armed Forces and our men and for us to reflect, as my friend from In an era where not everybody seems women in uniform, as well the Navy’s ship- Tennessee and my friend from Texas to think it is important to act like a building programs and military bases and in- have already done, and as others will gentleman, THAD COCHRAN is a gen- stallations in Mississippi. Now, therefore, be do, about the great footprints Senator tleman, and we respect that and the ex- it THAD COCHRAN will have left in the ample he has set. RESOLVED, that I, Phyliss J. Anderson, sands of time for our Nation. So he has been a pioneer for the Re- by the authority vested in me as Tribal Because of THAD COCHRAN, our Na- Chief, do hereby honor the legacy of the Hon- publican Party, he has been a good ex- tion’s defense is stronger today. orable Thad Cochran and extend the sincere Because of the efforts of our col- ample for young people, and for all of gratitude, appreciation, and many blessings us, really, in terms of what we should of the Mississippi Band of Choctaw Indians league from Mississippi, my senior expect and try to emulate in public to Senator Cochran upon his retirement Senator, Americans are healthier life, and, to me, he has been a great after five decades of public service in the today and will continue to be friend. U.S. Navy, U.S. House of Representatives healthier. So my wife Honey and I would like to and U.S. Senate. American agriculture is stronger say to him and to Kay, his wife, that PHYLISS J. ANDERSON, today because of the efforts of this we respect him, we look forward to the Tribal Chief, Mississippi Band ‘‘quiet persuader’’ in the field of agri- of Choctaw Indians. next chapter in his life, and we honor culture; and our economy, as a whole, his service to this country. Mr. WICKER. Madam President, I is stronger because of the many efforts The PRESIDING OFFICER. The Sen- would note that the last paragraph of of Senator THAD COCHRAN and before ator from Mississippi. this document says: ‘‘Resolved, that I, that, Representative THAD COCHRAN in Mr. WICKER. Madam President, I, Phyllis J. Anderson, by the authority the U.S. House. too, wish to join my colleagues in a vested in me as Tribal Chief, do hereby I am just very grateful. We are all tribute to our retiring statesman, Sen- honor the legacy of the Honorable grateful for all he has done. ator THAD COCHRAN. THAD COCHRAN and extend sincere grat- Senator COCHRAN acknowledged in First of all, I have been asked by itude, appreciation, and many blessings his statement about his impending re- Phyllis J. Anderson, Tribal Chief of the of the Mississippi Band of Choctaw In- tirement that health had become an Mississippi Band of Chocktaw Indians, dians to Senator COCHRAN upon his re- issue for him, and it was time to move to have printed in the RECORD a procla- tirement after five decades of public on. mation that was adopted only recently service in the U.S. Navy, U.S. House of I told reporters and I told Members about Senator COCHRAN in appreciation Representatives and U.S. Senate. who asked me—I said it is a bitter- for his 46 years of public service as a Signed by Phyllis J. Anderson, Tribal sweet moment, it is a poignant mo- Member of the House and of the Sen- Chief. ment for me to hear such things. These ate, and I ask unanimous consent that Back in December of 1937, THAD sorts of things happen, and we all face the proclamation be printed in the COCHRAN was born in the little town of health issues at some point. RECORD. Pontotoc, MS, population 1,832. He was Alfred Lord Tennyson, in his mag- There being no objection, the mate- born in the delivery room of the Ray- nificent poem ‘‘Ulysses,’’ said: rial was ordered to be printed in the burn Clinic. Some 131⁄2 years later, I Tho’ much is taken, much abides; and tho’ RECORD, as follows: was born in the delivery room of the We are not now that strength which in old days MISSISSIPPI BAND OF CHOCTAW INDIANS Rayburn Clinic in Pontotoc, MS. Moved earth and heaven; that which we are, A TRIBAL PROCLAMATION IN RECOGNITION AND During the campaign, some years later in 1994, when I was first trying to we are; APPRECIATION OF THE HONORABLE THAD One equal temper of heroic hearts, COCHRAN—MARCH 2018 be a Member of the House of Represent- Made weak by time and fate, but strong in WHEREAS, the Mississippi Band of Choc- atives, Senator THAD COCHRAN and I will taw Indians recognizes and honors The Hon- went around the northern part of the To strive, to seek, to find, and not to yield. orable Thad Cochran for his 46 years of dedi- State and told many people that he and I say to my friend THAD that we ap- cated public service as a Member of the U.S. I were born not only in the same town House of Representatives and distinguished preciate the fact that he has been and not only in the same clinic but strong in will and, though time and U.S. Senator representing the State of Mis- born in the same room, the delivery sissippi, including Choctaw citizens of our fate have happened to THAD COCHRAN great Tribe; and, room of the Rayburn Clinic. We and will happen to me and to all of us, WHEREAS, Senator Cochran has faithfully thought that was the truth. As it what abides is the legacy he has left of served, as both Chairman and Member, on turned out, we found out later from our being a ‘‘quiet persuader,’’ of being a Committees important to Mississippi and to moms, the Rayburn Clinic had moved person of accomplishment, of being a the Mississippi Band of Choctaw Indians, in- down the street; so while we were both cluding the Committees on Appropriations, gentleman who has made this country born in the delivery room of Rayburn and its citizens better off, and I thank Indian Affairs, Agriculture, Nutrition, and Clinic, that clinic itself had moved. It Forestry, Judiciary, Rules and Administra- him. tion, Ethics and the Labor and Human Re- just points out how long Senator THAD I yield the floor. sources; and, COCHRAN and I have been friends and The PRESIDING OFFICER (Mr. SUL- WHEREAS, Senator Cochran has achieved how long our families have been friends LIVAN). The majority leader. a wide-ranging legislative record and valu- and how well associated we have been Mr. MCCONNELL. Mr. President, able legacy that reflects the needs of Mis- down through the years. when I learned that our distinguished sissippi, the Mississippi Band of Choctaw In- Senator ALEXANDER mentioned that colleague from Mississippi would be re- dians, and the nation. campaign in 1968, and then he men- WHEREAS, Senator Cochran’s work has tiring this month, I found it difficult to helped to create jobs and spur economic tioned that he was a candidate for Con- imagine the Senate without him. growth in Mississippi and has continuously gress successfully in 1972. I was hon- That is for good reason. THAD COCH- supported tribal sovereignty and self-deter- ored, as a college student, to go door- RAN arrived here in 1978. Two hundred mination which has contributed to the Mis- to-door for Senator COCHRAN during and fifty-four Senators have since fol- sissippi Band of Choctaw Indians being one that 1972 campaign. lowed in his footsteps. Of those cur- of the largest employers in our State; and, Yesterday was National Poetry Day. rently serving, 97 of us are newer at WHEREAS, Senator Cochran’s work has Perhaps it is appropriate for me, today, this than THAD is, and every single one also promoted progress in our nation’s rural to quote a couple of poets, the first communities, including on our nation’s In- of us has been treated to a first-rate dian reservations, through various programs being Henry Wadsworth Longfellow example of honorable service, a master for economic and educational development who said: class in the art of legislation, and liv- teacher training, vocational education, li- Lives of great men all remind us ing proof that unwavering principle

VerDate Sep 11 2014 01:42 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.013 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1894 CONGRESSIONAL RECORD — SENATE March 22, 2018 and unflappable collegiality can and cation. Senator COCHRAN carried the when he was first sworn in as a Con- should coexist. banner for research partnerships that gressman. She planned to take the job We all know THAD has a knack for raised the profile of historically Black for just a year or so and then reassess— making things look easy. So many colleges and universities. He delivered enough said. She, along with all of Sen- graces and talents seem second nature critical funding to expand scholarship ator COCHRAN’s excellent staff, has our to him, but appearances can be deceiv- access. He spearheaded the Delta Edu- admiration and our gratitude. ing. cation Initiative. He inspired the Coch- I would particularly like to thank Take the start of his political career. ran Fellowship Program, which has two men who have led teams in service When we think about it, it is only nat- changed the lives of more than 17,000 to Mississippi and Senator COCHRAN so ural that Senator COCHRAN liked to agriculture professionals from around well—Brad White, his chief of staff, and work on conservation issues. I expect the world. Bruce Evans, his longtime staff direc- his adventures as a Mississippi Repub- It is no exaggeration to say that tor on the Appropriations Committee. I lican in the early 1970s helped him un- THAD COCHRAN’s work has broadened am grateful for their hard work on be- derstand just what it feels like to be an the horizons of millions, but it didn’t half of the Senate. I know the early endangered species. stop there. There were the landmark mornings and late nights were many, In 1972, THAD was a rising-star attor- bipartisan bills, like the Cochran- including just these last few weeks. ney when he was asked to try and be- Inouye National Missile Defense Act. THAD’s friends know that retirement come just the second GOP Congress- There is his partnership with his dear will allow him more happy times with man from his State since Reconstruc- friend, Senator LEAHY, on the Farm to his wife Kay, his beloved children, tion. The possibility seemed so remote School Program. The list just keeps Clayton and Kate, and the three grand- that when he asked Rose how she growing. children he adores. He departs with our would like being married to a Con- When he first ran for the Senate in warmest wishes. gressman, she replied, ‘‘I don’t know— 1978, THAD’s stump speech included a We will miss our great persuader. We which one?’’ line that Mississippians deserved a will miss our loyal friend. We stand Long odds, indeed. Senator who would work full-time for with Mississippians and a grateful nation in honoring the service of Senator But true to form, THAD won in the them. They certainly got one. THAD end—and again and again—and then he didn’t come to Washington to curry THAD COCHRAN. The PRESIDING OFFICER. The Sen- became the first Republican Senator favor, win praise, or hog the limelight. ator from Vermont. from Mississippi in a century. When I say he preferred making a dif- Mr. LEAHY. Mr. President, I thank It is safe to say service is in THAD’s ference to making a fuss, I really mean the distinguished majority leader and DNA. Both his parents were devoted it. This man served in the Senate for the distinguished other Senator from educators. His father, W.H., served as seven terms and only appeared on Meet Mississippi for their comments. superintendent of a large, rural public the Press twice. I have often thought that THAD COCH- school district. His mother Emma was No, THAD had other business to at- RAN and I would serve here together a pioneering mathematics teacher who tend to. He spent his 39 years in this straight through whatever time we wrote new curricula. body working full-time for students have in the Senate. Because he is such In Pontotoc, MS, their two boys grew and educators, full-time for farmers a dear friend, I have often felt that up with a healthy appreciation for the and ranchers, full-time to deliver fund- Senator THAD COCHRAN was plucked power of good schooling. ing for our brave servicemembers and from a central casting to fill the role of THAD graduated as high school val- our veterans who returned home. a devoted public servant. More than edictorian, then came a naval commis- It is rare, even in the halls of Govern- most of us, he looks the part, but more sion, and then law school, where he ment, to meet someone as influential than most of us, he embodies the best graduated at the top of his class, but as Senator THAD COCHRAN. It is even of what the Senate can be. Currently, no amount of success can take the rarer to meet someone as kind, as even in this body, I have served longer here kindness and courtesy out of this tempered, and as concerned for the wel- than anybody else, but I have never quintessentially southern gentleman. fare of others. It is almost unheard of felt closer to a Senator than I do to A deep respect for others is THAD’s that this same man would be both. THAD COCHRAN, my dear friend. calling card. That is just who THAD is. Our country needs more public serv- Just a few weeks after he arrived in He wrote the book on composure ants like THAD. As Congress has be- Washington, he brought his staff to- under pressure. He served as the care- come more partisan in recent years, gether and he said: ful custodian of billions of taxpayer THAD has stood by his values. He brings We’re going to treat everyone the same. dollars without losing an ounce of hu- substance, not sound-bites, to the We’re here to find answers for everyone, even mility. On the Senate floor and in com- upper Chamber. His leadership, as has if they disagree with us. We’re here to serve mittee, he tackled heated debates and been described, as ‘‘the quiet per- the people of Mississippi. complicated legislative challenges with suader’’ is going to be missed. Even at a time when the wounds of true servant leadership. On the tennis They talk about his being the son of segregation were still raw, he made it court, by all accounts, he offered his a schoolteacher. So it is no shock that clear this meant all—all—Mississip- colleagues a different and altogether he devoted his life to public service. He pians. In fact, he hired the first Afri- less hospitable sort of service. But true joined the Navy after graduating from can-American congressional staffer to to form, I hear THAD always combined Ole Miss. He went on to earn a law de- work in a Mississippi office since re- winning and graciousness. He has cer- gree from the University of Mississippi construction—Nehemiah Flowers. And tainly had enough practice at both. and then became engaged in Mis- for all his staff, THAD took the time to From Pontotoc, MS, to the Senate sissippi politics, often traveling with pen a detailed memo laying out high floor, THAD COCHRAN’s story has grown his father to help with voter registra- expectations for serving constituents but it hasn’t changed. It is a story tions in campaigns around the State. and treating everyone with dignity. about putting others first. It is about He worked on campaigns from county That temperament led to a litany of doing the right thing every step of the sheriff to the Governor’s race. accomplishments. way. It is a story that will continue to THAD then went to the House in Mississippians knew that in THAD teach and inspire those of us who now 1972—here to Washington, a couple they had a quiet persuader, a steady must carry on our work without him. years ahead of me—and then we be- workhorse, and a dogged advocate who I know that THAD’s devoted staff are came Senate partners in 1978. almost never made a fuss but almost sorry to see him go. Their allegiance to He and I both became chairmen of always made a difference. Indeed, the him, famous throughout the Senate, is the Senate Committee on Agriculture, policy achievements of this mighty Ap- further testimony to his own principled Nutrition, and Forestry. Today in the propriations chairman are so numerous professionalism. This is exemplified by committee’s hearings room, our offi- as to defy easy summary. nobody quite so well as Doris Wagley, cial portraits hang together. It is easy I know this schoolteacher’s son is Senator COCHRAN’s personal secretary, to tell them apart. He is the one with particularly proud of his work on edu- who has served THAD ever since 1973, the hair and better looking.

VerDate Sep 11 2014 01:42 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.014 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1895 Marcelle and I have joined THAD in Even though we are on the opposite sissippi and Alabama, and we have both Mississippi to visit sprawling cotton ends of the political spectrum, THAD worked on some of the same priorities. farms and fish farms, and twice THAD and I have crossed the aisle to work But, mainly, he has served Mississippi joined me in Vermont to visit small hand-in-hand for the American peo- with the utmost dignity and respect. family dairy farmers. I even introduced ple—from our work in the Senate to He has an excellent staff. We are all him to my mother in Montpelier. our work for years as regents at the grateful for their hard work, their help, Now, I have to make a confession Smithsonian. In every bill and program and their coordination with all of us. here, and I hope this doesn’t go out of on which we have worked, he has been As chairman of the Appropriations this room. It was during one of those a Senator with integrity, decency, ci- Committee, he has been a remarkable trips to Vermont—to St. Johnsbury, vility, and, most importantly, a dear negotiator. As the majority leader will VT—in 1985 that I had extolled the and cherished friend. THAD will always tell you—he is one himself—we need beauty of Vermont in the wintertime. keep his word, and I tell that to the those traits at this point in time. When we arrived, I think the southern Senate because that is a quality that is THAD has provided critical funding gentleman was not ready for tempera- becoming too rare sometimes in both for various Mississippi priorities over tures that dipped down to around 20 parties. He is old school. Many of us the years. He hasn’t forgotten where he below zero. That is cold weather even would say the best school. is from. Right here, with a lot of help, by Vermont standards. This wonderful When I became vice chairman of the he led the restoration of the gulf coast southern gentleman turned to me and Senate Appropriations Committee, I after Hurricane Katrina. As I have un- he said: PAT, this is not Mississippi knew I would have a steadfast partner derstood them, his major priorities weather. Then, he made a few other have always been the defense of this in Senator COCHRAN. He has earned the suggestions of what I was trying to do moniker of ‘‘the quiet persuader.’’ He Nation; education, as Senator LEAHY to him, but we had a wonderful visit was also referred to by one of the mem- talked about; agriculture, where he just the same. We stayed in what is bers of the Appropriations Committee served as the chairman of the Ag Com- called the Rabbit Inn, with fireplaces once—a moniker that should be appre- mittee for a long time; rural issues, not going. The next day at our meetings, I only in Mississippi but all over Amer- ciated—as a workhorse, not a show think Vermont was ready to elect ica. THAD also spent many years serv- horse. That is why he has been so suc- THAD COCHRAN as its third Senator, being on the Rules Committee, where I cessful—the quiet persuader. Well, the cause he was so impressive. now chair. quite persuader, when Hurricane We also traveled beyond Vermont I believe history will reflect THAD Katrina struck, used his leadership to and Mississippi. We met with leaders COCHRAN’s long legacy of strong leader- around the world. As senior Members direct nearly $100 billion to commu- ship, and I, myself, believe that he has of the Senate, we could go in a bipar- nities on the gulf coast to rebuild. made an extraordinary impact here in tisan way to see what they thought THAD will leave this Chamber having the U.S. Senate. about the United States and to answer cast more than 13,000 votes and becom- THAD, as we all know, is very cour- their questions. We and our wives being the 10th longest serving Senator in teous, well-mannered, and has a low- came closer in these fact-finding visits. the history of our country. A constant key demeanor most of the time. He is No matter how long the trip was—and champion of Mississippi and the Amer- quiet, he is patient, and he has built se- some were to the other side of the ican people, I don’t think many people niority through power and persever- Earth—THAD, through his conversation truly understand how much Senator ance. and his friendship, made even the long- COCHRAN has accomplished for his Some people say that THAD COCHRAN est trip seem short. State and his country. is the last true southern gentleman, In our travels, one of the things I Marcelle and I count THAD and Kay and I think there is a lot of truth to could always count on was that THAD among our dearest friends. His leader- that. Some people say that he rep- would always check in on the Cochran ship on the Appropriations Committee resents the lost art of being nice; we all fellows in whatever country we were in the Senate will be sorely missed. need to work on that. He always has in. Starting in 1984, the Cochran Fel- Our country needs more devoted public been and will be a hero both here and lowship Program has provided training servants like THAD COCHRAN, and I am back home in Mississippi. for more than 17,500 people from 125 dif- sad to see my dear friend leave. But I THAD, I wish you and your wonderful ferent countries to develop agricul- know his legacy is a presence that will wife, Kay, well. I think all of us should tural systems and to strengthen trade be felt in this Chamber, in Mississippi, strive to continue on the wise path between our countries. The program and across the country for generations that you have paved for us here in the also strengthens understanding be- to come. I will enjoy looking at the Senate. tween the United States and other photographs of my dear friend taken in I believe we are all grateful for his countries. Vermont, Mississippi, and around the service to Mississippi and our Nation. THAD is leaving a legacy that is tied world. He is one of my heroes. We wish him God’s speed. to our Nation’s agricultural develop- I yield the floor. The PRESIDING OFFICER. The Sen- ment. When he was chair of the Agri- The PRESIDING OFFICER. The Sen- ator from Maine. culture Committee, he left his finger- ator from Alabama. Ms. COLLINS. Mr. President, I have prints on the farm bill, which are still Mr. SHELBY. Mr. President, I, too, known and admired THAD COCHRAN for there today. More recently, we cham- would like to start by thanking my 40 years—since he first came to the pioned the reauthorization of the Farm good friend, Senator THAD COCHRAN, for Senate. At the time, I was a young to School Program, which provides the tireless dedication and public serv- staffer for Senator Bill Cohen, who also Federal resources to bring fresh and ice he has brought forth here through- was elected to the Senate that same nutritious local food from local farm- out some 40-something years—45 years. year. ers to more than 40,000 schools across As has been said, he was elected to I saw from the start that this gen- the country, including 83 percent of the the U.S. House of Representatives over tleman from Mississippi was so bright, schools in Vermont—what a legacy, as 45 years ago, and he was elected to the insightful, and creative yet also hum- the son of a teacher and a great advo- U.S. Senate in 1978. As all of us know, ble, kind, and devoted to helping oth- cate for Mississippi farmers. THAD THAD was a practicing attorney in ers. He treated everyone with such dig- knows how important this program is Jackson, MS, and a graduate of the nity. He was nice to everyone, from the to strengthening local farm economies University of Mississippi School of elevator operators to the highest offi- and educating young kids and their Law. He also studied abroad at Trinity cials around the world. He truly is one families about the importance of eat- College in Dublin, Ireland, where we who leads by example. ing locally grown and nutritionally visited one time. Those qualities are his legacy, and I dense food. This picture was taken as We have served together in the U.S. have seen them time and again as a we were visiting a farm—obviously not Senate for over 30 years. He has been member of the Senate Appropriations when it was 25 below zero. It was prob- an excellent colleague, and I have been Committee when THAD was an impor- ably a warm summer day. So that is honored to have worked with him. We tant member and, of course, when he why we only have on light sweaters. represent neighboring States, Mis- became the chairman.

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.016 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1896 CONGRESSIONAL RECORD — SENATE March 22, 2018 Last year was the 150th anniversary wanted to add one point. I know my Whether as chairman of the Senate of the creation of the Appropriations colleagues are waiting. Republican Conference, the Agri- Committee, and THAD marked that oc- Another trait of THAD’s, which has culture Committee, or the Appropria- casion by reminding all of us of our made him so successful, is that he has tions Committee, Senator COCHRAN has great responsibility to make thought- a long memory and knows how to work spearheaded some of the most signifi- ful and informed decisions in the allo- the legislative process. I remember, cant policy initiatives of the last sev- cation of public funds. In managing ap- after the devastation of Katrina, THAD eral decades. With an equal mix of propriations bills, he was always so in- came over to me and talked to me healthy persistence and pure southern clusive, willing to incorporate ideas about the need for so much, including a charm, he quickly earned his reputa- and priorities from everyone who could rail line that was somewhat controver- tion as the ‘‘quiet persuader.’’ I know I make a persuasive case. The fact is, sial in the southern part of the State. speak for all of my colleagues when I THAD has always placed careful consid- He convinced me that it was des- say he will be sorely missed. eration and compromise above partisan perately needed, and I voted for it. THAD COCHRAN is so much more than politics. That really reflects how THAD Well, the wheel always turns, and 6 the senior Senator from Mississippi. He has led his life. years later, we were devastated by is so much more than the legislation he He has excelled at everything he has Sandy. We needed all the help we could has passed and the titles he has held ever undertaken. When he joined the get, and I went to THAD. I didn’t have and the awards he has received. THAD Boy Scouts, he became an Eagle Scout. to say a thing. He said: I remember COCHRAN is a fixture of American poli- In his high school, he was valedic- what you did for me. I am going to help tics, a man synonymous with the Sen- torian. In college, he had the highest you all the way with Sandy, and he did. ate, who embodies in every way all scholastic achievements. He excelled in This is just one of many great traits that is right and good about this serving in the Navy, and, of course, we about this man and why he was so body—a commitment to comity, char- know how much he has accomplished amazingly successful for the country acter, and respect. and, most of all, for his beloved State as our esteemed and dear colleague I think my colleague Senator LEAHY of Mississippi. He made people want to here in the Senate. put it best when he said that Senator help him and help his State, even When THAD served as chairman of the COCHRAN represents the old school. He Appropriations Agriculture Sub- though we don’t have—as the Senator personifies a generation of lawmakers committee, he traveled to the State of from Maine has said, our States are so brought up on the principles of bipar- Maine with me, and we met with different. We wanted to help each tisan and compromise, and I believe other, and we are bound by it. Maine’s potato farmers and blueberry that these very virtues have been the THAD, you are a great man and a growers—not exactly staple crops of keys to his success as a legislator. great example to all of us on how to Even in recent years, as our politics Mississippi. THAD listened intently to conduct ourselves. We will miss you grew ever more divisive, THAD re- these farmers and growers. It was clear here in the Senate but wish you God’s minded us that in the era of endless that he cared about them and that he speed in whatever else you do. valued our family farms and our rural The PRESIDING OFFICER. The gridlock and perpetual polarization, communities. President pro tempore. there is no alternative to civility and That night, we had a lovely Maine Mr. HATCH. Mr. President, I rise healthy debate. THAD is always some- lobster dinner at an inn on the coast. today to pay tribute to a long-time one you could trust to put the good of During that dinner, THAD shared with friend, a revered public servant, and a others above self, someone you could me his passion for good literature, his true southern gentleman, Senator count on to reach across the aisle even love of music, and his passion for edu- THAD COCHRAN. when the political risks were great. In cation that had been instilled in him THAD COCHRAN will be retiring at the so doing, THAD gave all of us a tem- by his parents. end of this month, bringing an end to plate for effective legislating, and he Of course, another issue that brought more than 40 years of exemplary serv- followed the model for decades for the THAD and me together was making sure ice to Mississippi and our Nation. betterment of Mississippi and the Na- that our naval fleet was strong. As a Senator COCHRAN is a Mississippi tion. U.S. Navy veteran who served for a man through and through. He was born I consider myself lucky to know time in Boston, MA, THAD has always in Pontotoc to a mother who was a THAD and even luckier to call him been a dedicated advocate for his ship- school teacher and a father who was a friend. It is true that this body will not yard in Mississippi, as I am for Bath principal. After graduating as valedic- be the same without him, but I hope we Iron Works in the State of Maine. THAD torian at his high school, THAD at- can honor his service by recommitting has twice visited BIW with me to see tended Ole Miss, where he earned both ourselves to the virtues of civility and the great work done there. his bachelor’s and juris doctor degrees. respect every day. In 2013, THAD received the Navy’s Dis- After serving in the Navy, he practiced Today, I want to thank my colleague tinguished Public Service Award in private law in Mississippi for several from Mississippi for his example and recognition of his longstanding com- years, but it wasn’t long before he en- his many years of friendship. I wish mitment to American sea power. tered politics. him and his family the very best. Through four decades in the Senate, After serving in the House of Rep- THAD, I want you to know that not plus three terms in the House of Rep- resentatives, THAD first came to the only will we miss you, we will not get resentatives, THAD has compiled an ad- Senate in 1978, just 2 years after my along as well without you. I think the mirable legislative record on issues own election. The truth is, I hardly world of you. It has been a pleasure for ranging from education to libraries, know this place without him, and I can me to sit right by you on the floor for the arts, our national defense, sci- hardly imagine what things will be like all of these years, and it has been a entific and biomedical research, con- when THAD is no longer sitting here. pleasure to learn from you. God bless servation initiatives, and civil rights. It is difficult to describe the special you, and just know that a lot of us are But perhaps his greatest legacy is that bond you share with someone who has pulling for you in every way. he taught us how a Senator should act, been your close friend and partner here I yield the floor. and that legacy will live on forever. on the floor and colleague for more The PRESIDING OFFICER. The Sen- THAD, our Nation is so grateful for than four decades. THAD and I have ator from Missouri. your service, and I, personally, am so been here through some of the most Mr. BLUNT. Mr. President, every- appreciative of your friendship. I offer formative events in modern history, in- body doesn’t just come up with the my best wishes to you and to Kay. You cluding the fall of the Soviet Union, same description of someone they have will be greatly missed. the rise of American hegemony, the worked with every day by accident. The PRESIDING OFFICER. The mi- creation of the internet, and the com- When we think about everything that nority leader. ing of the digital age. As Members of has been said and everyone independ- Mr. SCHUMER. Mr. President, I had this body, we have had the privilege ently setting down what we remember the privilege to speak at some length not only to witness history but also to about Senator COCHRAN, what we think about THAD in leader remarks, but I help shape it. about when we think about Senator

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.017 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1897 COCHRAN—he is a gentleman. He is a one time: I don’t call a lot of press con- NY, I will tell you what you do. The quiet persuader. He gets things done in ferences; I don’t think it is part of my first year you are here, don’t say a a way that makes things that would responsibility. Senator SCHUMER quick- word. Just watch everybody talk. otherwise seem hard for other people ly pointed out that was not his view of Watch what everybody else does. Look seem easy for him. press conferences, but it was THAD’s at people you would like to be like, and The true, groundbreaking politician view of press conferences or ‘‘Meet the for the remainder of your career, be came to the Congress in 1972, but in Press’’ or anything else that didn’t like that person, because in the end, 1978, he was the first Republican elect- focus on his job of getting things done. this business is about relationships and ed statewide in Mississippi in over 100 The bill we will vote on today does effectiveness, not about bluster and years. things for members of the Active bragging. He gave evidence to that willingness Armed Forces and veterans that we I did pick out a guy; his name was to serve everybody in the direction he haven’t done in a long time. It is a fit- Carl Harrison. Carl Harrison has since gave his staff. Nobody ever talks about ting conclusion to the service of THAD passed away, but he was one of the best Senator COCHRAN without talking COCHRAN, who in 2013 received the Navy friends I have ever had in life. I about his staff. It doesn’t take long Distinguished Public Service Award. watched him in the Georgia Legisla- into that conversation to talk about He was stationed in Boston for part of ture, and I patterned myself after Carl his staff. Just as THAD COCHRAN en- his service in the Navy, where nobody Harrison, and the success I had was be- couraged them to do on day one, they could understand what he said, but cause I followed a great leader like always tried to solve everybody’s prob- they wanted to do whatever it was that him. lem they worked for, no matter what THAD COCHRAN wanted to do. When I got to the U.S. Senate, I that past relationship might have been I liked the term that Senator SHELBY knew I needed leadership. I knew I or how they disagreed on other things. used, that THAD COCHRAN is one of the needed to find a book or something to The first time I got a chance to work last practitioners of the lost art of tell me how to be a good Senator. I re- with Senator COCHRAN, I was the chief being nice—the lost art of being nice. membered Carl. I said: You know, I am deputy whip in the House, and we were I talked to my 13-year-old son Char- going to sit in this body. I have 6 years in a leadership meeting trying to bring lie just this morning, and I said: You in this term. Surely I can take a few some things to a conclusion. I think know, Charlie, it is actually easier to months for the first year and kind of the majority leader in the Senate at be thoughtful than to be thoughtless. figure things out. the time was THAD’s colleague from So many of us don’t mature much be- So I started watching. I could see the Mississippi. Trent Lott turned to THAD yond the 13-year-old understanding of characteristics and the quality of each and me—I was the junior person at the that. We would be better off to watch and every individual in the Senate, and table. My mom and dad were dairy and learn from what THAD COCHRAN did everybody offers unique gifts that they farmers, and maybe that is why Sen- so well while he served in this body. have given to this body. I kept watch- ator Lott thought I would understand THAD and Kay will be missed in the ing THAD COCHRAN. He was respected. this. It was a dairy issue, as I recall, daily Senate family, but they will al- He always had time for you. He never and he said: Why don’t you and Senator ways be an important part of the Sen- let you know he had been here a lot COCHRAN work this out? I think it was ate family. longer than you ever thought about something on milk marketing orders, It is an exciting time when you get being here, maybe even longer than which almost nobody understood. It to go home to Mississippi and don’t im- you had been born. He listened to you, was a problem that nobody thought mediately understand that you very and if you asked him a question, he they could solve. I had been here about quickly have to turn around and come gave you an answer. 25 months, and Senator COCHRAN had back to Washington to do what THAD So I called my wife and I said: Sweet- been here 25 years, and what I got was did so well for so long, representing the heart, when we come back to Wash- the great gift of watching him work people he worked for, the people he ington next week, I want to take THAD out that problem, and it got to the con- loved. At least two generations of Mis- COCHRAN to dinner because I have de- clusion that, for whatever reason, ev- sissippians don’t remember when THAD cided he is the guy I would like to be erybody was happy with. COCHRAN wasn’t their Senator, and most like. His leadership, for States like Mis- only when this time in the Senate ends I am not making this up; this is ex- souri and Mississippi with large rural will people fully begin to realize how actly what happened. populations—I think we have a bigger much he did, how much they appre- So we went to Ocean Air. THAD, I urban population than Mississippi, but ciate what he did, and how much has don’t know if you remember that we both have big rural populations. happened because THAD COCHRAN was night. It was pretty crowded. THAD is Whether it was agricultural issues or here. not a loud guy, but when THAD walks flood insurance or rural economic de- The PRESIDING OFFICER. The Sen- in a room, it gets a little bit quieter velopment, THAD COCHRAN was always ator from Georgia. because everybody knows wisdom has there—at one time, not just as the Mr. ISAKSON. Mr. President, it is an arrived. My wife and I enjoyed that chairman of the Agriculture Com- honor for me to come to the floor of dinner that night, and we became great mittee but also the chairman of the ag- the Senate and talk for a minute about friends. riculture appropriating committee, and my friend THAD COCHRAN. I know ev- We had a number of issues on which anybody who has worked around here erybody has probably said everything we engaged each other over the course very long knows it doesn’t get much that needs to be said; just everybody of the years, and on all of them, I think more powerful than that when it comes hasn’t said it yet. Kind of in the vein of we were on the same side—except cat- time to solve problems. what Senator BLUNT said, everybody fish. I think I got it wrong on catfish, There have been mentions of Hurri- says the same thing about Senator and I apologize for that, but I tried to cane Katrina and stepping up, along COCHRAN: He is gracious, smart, gentle, redeem myself. with Haley Barbour, the Governor of effective, and a great colleague. The highest compliment I can pay is Mississippi, coming together, con- I want to tell my colleagues about to say that I wanted to be just like vincing the Congress of things that THAD COCHRAN. When I came to the THAD COCHRAN. So in the 13 years since needed to be done, and a few things Senate 14 years ago, I had served in that dinner at Ocean Air and in every- that got done in Mississippi that didn’t every legislative body I could be elect- thing I have done and tried to do in the get done anywhere else. ed to where I live. I served in the Geor- Senate, I have tried to be like THAD I was presiding this morning when gia House, the Georgia Senate, the U.S. COCHRAN. Senator SCHUMER spoke. He men- House, the U.S. Senate—all representa- Mark Twain once wrote: When con- tioned—he didn’t mention it is his tive legislative bodies. In each one of fronted with a difficult decision, do comments a few minutes ago, but he them, I got some advice. what is right. You will surprise a few, mentioned this morning—and this is an My first year in the Georgia House, but you will amaze the rest. important view of both of them—he 41 years ago, I got some very good ad- When we have tough decisions to said that he remembered THAD saying vice. A good friend of mine said: JOHN- make, when somebody has to cut to the

VerDate Sep 11 2014 01:42 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.019 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1898 CONGRESSIONAL RECORD — SENATE March 22, 2018 chase and point you in the right direc- while congratulating THAD on his never follow the act of Danny Inouye, tion to get the job done, it is THAD 10,000th vote, our good friend, the late as great as he was in serving our coun- COCHRAN whom you want in your fox- Senator Ted Kennedy, said: try, both in the military and the U.S. hole. He is the perfect example for me Thad and I don’t always agree on policy Senate, and THAD had the responsi- of a noble life and a noble leader. matters—and more often than not we find bility of following Ted Stevens as the I have a favorite poem. It is in a book ourselves on opposite sides of the issues—but Defense Committee chair. called ‘‘Leaves of Gold’’ from the Meth- those disagreements never diminished my re- While we both knew we were being odist Church. I think that poem applies spect for his thoughtfulness and nor do they held to high standards as people com- diminish the friendship I feel toward him. to THAD COCHRAN better than any pared us, as they inevitably would, the I think that is a pretty common re- words I can say. The poem goes like thing we decided to do from the begin- frain for somebody who is quiet and ef- this: ning was to do it together—to learn on fective and perseveres through every- the job and to work together. It really I’d rather see a good person thing. Than hear about one any day. hearkens back to a Senate that I re- THAD is known to hold strong opin- I’d rather have a good person walk with me member—and I am sure Senator ions, but that has never stopped him Than merely show the way. SHELBY and others remember—when we For my eyes are better pupils from developing a close working rela- first got here, when the Appropriations And more willing than my ear. tionship with Members of both parties. Committee assignments were really bi- And fine counsel is confusing Throughout his career, he has used his partisan assignments, start to finish. But example is always clear. experience and mastery of the issues to My work on the Defense Sub- And the best of all the people persuade his colleagues, but he has committee with THAD COCHRAN was bi- Are the ones that live their creeds. done so privately rather than bashing partisan from the start. It always was. For to see the good in action in the media. This determined, yet re- Is what everybody needs. There was mutual respect. If I ever had While I’ll be very glad to do it spectful, approach to negotiations and an issue, I could go to him. He knew If you’ll let me see it done; his passion to find solutions to the the same thing was true, if there was But I can watch your hands in action, problems and concerns of the people of an issue related to his concerns or the But your tongue too fast may run. Wyoming and America have led to his State of Mississippi, he could come to But the lectures you deliver nickname, the ‘‘quiet persuader.’’ He me. We never ever set out to trouble or May be very wise and very true; has been a great mentor to me. THAD embarrass one another publicly. We But I’d rather get my lecture has had a remarkable career, and his tried to always have a good, positive By observing what you do. leadership will be dearly missed. He For I may misunderstand you working relationship. The very few dis- And the high advice you give; has inspired future leaders from his agreements we had were behind closed But there’s no misunderstanding State, and in that way and so many doors and usually resolved behind The way you act and the way you live. others he has made a difference. closed doors. It really was the Senate I Diana joins me in sending our best THAD, you have blessed us all by the was elected to and the one I miss wishes to you, to your wife Kay, and to way you act, the way you live, and by today. We need more of it. the rest of your family, and our appre- the example you set. May God bless THAD COCHRAN, you made it easy ciation for your willingness to serve you and your family. I wish you the when you were chairman of the Defense Mississippi and the Nation so faithfully best. And may you always come back, Committee for this ranking Democrat and so long. because if you ever need me, I will be to be an active partner of yours in There are countless sayings about right here for you because you have al- doing some important things. I think how politics isn’t for anyone but the ways been there for me. God bless you. we accepted our responsibility and did brave and the resilient. I think your I yield the floor. our level best; I think our American experience, especially this past year, The PRESIDING OFFICER. The Sen- national defense is stronger today be- has shown that there is no challenge ator from Wyoming. cause of it; and I am lucky because I too large for you to overcome, and Mr. ENZI. Mr. President, I wish to had a good friend, good mentor, and clearly you specialize in making the thank the Senator from Georgia for good colleague by my side. world a better place—and that is a win- I wish you the very best. If you want those comments, and I would like to win for us all, especially our children a longer version of this speech, it was associate myself with all of them. We and our grandchildren. given in the RECORD yesterday, so you should have saved it for the concluding I am sad to see you leave the Senate could take it home and read it, if you speech, I think. at the end of this month, but I wish would like. I rise today to also honor a man who you a well-deserved retirement and I thank you again for being such a has spent the last 46 years faithfully other adventures. great Senator, a great representative serving the State of Mississippi in Con- I yield the floor. of your State of Mississippi, and a gress. The PRESIDING OFFICER. The great colleague when it came to our ap- THAD, you are the longest currently Democratic whip. propriations work. serving Member of Congress, and we Mr. DURBIN. Mr. President, I rise Mr. SHELBY. Mr. President, I sug- are going to miss your experience and today, on this side of the aisle, to gest the absence of a quorum. your leadership. You have left a mark thank my friend Senator COCHRAN. The PRESIDING OFFICER. The on Congress that won’t soon be forgot- Yesterday, I made a longer speech in clerk will call the roll. ten. You have served with great dis- the CONGRESSIONAL RECORD, but I The senior assistant legislative clerk tinction and made a difference in the didn’t want this moment to go by with- proceeded to call the roll. Senate. Your time in Washington out tributes from both sides of the Mr. COCHRAN. Mr. President, I ask began when the people of Mississippi aisle while you are personally present unanimous consent that the order for voted to send you to the House of Rep- on the floor. the quorum call be rescinded. resentatives, and you represented their My relationship with Senator COCH- The PRESIDING OFFICER. Without interests in that Chamber from 1972 to RAN was fortuitous. There used to be objection, it is so ordered. 1978. Then you ran for and won the two giants in the Senate—Ted Stevens FAREWELL TO THE SENATE noble Senate seat. and Danny Inouye—and forever and Mr. COCHRAN. Mr. President, I ap- THAD and I have found ourselves on ever they were the two, a Democrat preciate the opportunity to express my two sides of the U.S. coin. He chairs and Republican—who were in charge of deep gratitude for the honor given to the Appropriations Committee; I chair the Department of Defense Appropria- me by the people of Mississippi to rep- the Budget Committee. Even though he tions bill, and we bowed to their resent them in Washington. does the detail of spending the money knowledge and wisdom. Then the day I leave the Senate with confidence and I work to set the parameters, I came when they were both gone, and that our enduring Constitution guards have always respected him and enjoyed the new people stepping in were THAD our country from human error, empow- working with him. COCHRAN and DICK DURBIN. ers our citizens to achieve greatness, Former Senators have spoken highly I felt totally undeserving to be given and shines as a beacon of freedom and of Senator COCHRAN. In fact, in 2007, that responsibility, and certainly could liberty for the world.

VerDate Sep 11 2014 01:42 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.020 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1899 I am optimistic about the future of our promises to our veterans, find op- heard a lot. It was really remarkable— our great Nation and in the U.S. Sen- portunities for small businesses, ensure 45 years in the Congress and four dec- ate’s role in determining that future. the elderly or infirmed receive care, ades as a U.S. Senator. I think Senator While in Congress, I have served with and cut through bureaucracy. I am LEAHY, from Vermont, said it best nine Presidents during times of con- sure members of your State staffs, like when he talked about THAD COCHRAN’s flict and peace. We have debated poli- my staff, have hearts for their fellow integrity—a man who will always keep cies from trade to taxes to terrorism. citizens, regardless of their political af- his word. We have engaged in heated arguments. filiation. As Alaska’s Senator, I also want to But even in full disagreement, I believe All our citizens have the right to be mention what a great friend he was to all our motivations begin at the same heard and to have a voice in their gov- our State and to our Senators. Senator point: the sincere desire to serve our ernment. I believe our job as their serv- COCHRAN was very close to Senator Ted States and country. ants is not to tell others what to think Stevens—the late Senator Ted Ste- No one remains in the House or Sen- or tell others what to do. Our job is to vens—and to Frank Murkowski. He ate who was here when I first took of- represent them. I have endeavored to really supported our State—my State— fice in January 1973, but I am particu- do that the best way I possibly could; and I want to thank him for that. He has this great nickname that I larly thankful for the friendship and and now the time has come for me to think was given to him in 2006, when leadership of the senior Senator from pass the power granted by the people of Time Magazine said he was one of the Vermont, Mr. LEAHY. He and I have Mississippi, the power of service, to best U.S. Senators and called him the fought side by side with each other and someone else. sometimes face to face against each ‘‘quiet persuader.’’ You heard that When John Sharp Williams of Mis- term a lot just a few minutes ago. In other, always with friendship and re- sissippi left the Senate, he delivered a that article, they said that he had spect. farewell speech at a dinner organized I am also grateful to have served gained the trust of the administration by the Mississippi Society of Wash- and on Capitol Hill for his quiet, court- with honorable Senators from my ington. It is sometimes called the ly manner, using his experience and State. My colleague, Senator WICKER, ‘‘Mockingbird Speech.’’ While I do not mastery of the issues to persuade his has been a friend and a strong and ef- share some of the cynicism of that colleagues privately rather than mak- fective advocate for our State. We have speech, there are sentiments I can ap- ing demands of them in public. worked together not only in the Sen- preciate. Here is an excerpt of that It is a great example we can all learn ate, but also when he served as a U.S. speech given March 3, 1923: from. I was proud to have been able to Representative. Former Majority Lead- I am going back to Yazoo City and to my serve and learn from THAD COCHRAN for er Trent Lott continues to be a voice in old home on a rural free-delivery route. I the last 3 years. our national conversation. And the late want to get up again each morning as I hear TRIBUTE TO CARLOS GOMEZ John C. Stennis provided a witness to the rooster’s crow . . . and as night and the Mr. President, one of the things I time for bed approaches, I will listen to the integrity when I first joined this body. enjoy doing in my duties in the Senate His signature is above my signature at greatest chorus of voices that man ever heard, music that will charm me and make is to come down each week to recognize this desk. somebody special in my State—some- It is a tradition in the Senate, like me ready for repose, the voices of my mockingbirds trilling in the trees. And in body who has made a difference for schoolchildren used to do, to sign the that way I want to live the rest of my life, their community, somebody who might drawers of our desks. Senator Stennis and when the end comes, I hope to be carried not get the attention that people get in signed this desk drawer. He noted the out of the house by my neighbors and laid to the press or in other areas but someone beginning of his service in 1947 and rest among my people. Now, some may say who has really made an impact. I like added a dash. He never filled in the that is not a very wonderful future, all of to call that person our Alaskan of the date signifying the end of his Senate this I have mapped out for myself, but I say there is merit in calm retirement . . . Per- Week. service in 1989. Perhaps there is sym- Right now what has been happening bolism there, that our service does not haps it is a sign that I ought to retire, for retirement brings repose, and repose allows a in Alaska is a very special time. Our end when we depart this Chamber. kindly judgment of all things. State, in many ways, is shrouded with I have been honored by this body to myth and mystique. We certainly have, serve as chairman both of the Appro- I will now return to my beloved Mis- sissippi and my family and friends I believe, the most beautiful State in priations and Agriculture Committees. the country. There is a lot of excite- I am thankful to my colleagues, past there. I will miss this stately Chamber and this city. I will not miss this power ment that happens, a lot of special and present, and to the committee staff things. Just last week, we had 60 for assisting in crafting responsible or politics. I will miss people: you, my colleagues. I will treasure your cour- mushers who were being pulled by dog funding priorities for our country and teams, dozens of dogs—these great ath- for developing strategic agriculture tesy and kindness. I trust, if your travels bring you to Oxford, MS, you will letes, as we call them—nearly 1,000 policy to ensure the best use of our miles through some of the harshest not hesitate to visit and join me for a natural resources to provide affordable landscapes and some of the harshest refreshment on the porch. We can lis- and healthy food for our citizens and climates. We just finished the Iditarod, ten to the mockingbirds together. people around the world. the last great race. We want to encour- Thank you. I thank my talented and dedicated age people watching on TV and people Mr. SHELBY. Mr. President, I sug- staff, many of whom have worked for in the Galleries to come on up to Alas- gest the absence of a quorum. many years in service to our country. ka. You will love it. It will be the trip The PRESIDING OFFICER (Mr. All of us in this body know we could of a lifetime. Come see the Iditarod SASSE). The clerk will call the roll. not achieve our priorities without ex- next year, the last great race. We just The senior assistant legislative clerk ceptional staff. I have staff members finished that. who have served the Senate since my proceeded to call the roll. It is a great time to be in Alaska. It first term. I have one staff member, Mr. SULLIVAN. Mr. President, I ask is still winter, of course. It is time to Doris Wagley, who was already in the unanimous consent that the order for ski and for snow machines. It is still office working the very first day I the quorum call be rescinded. cold, and there is lots of snow, but the showed up for work in the House of The PRESIDING OFFICER. Without sun is now coming out high in the sky. Representatives in 1973. Whether they objection, it is so ordered. Of course, in Alaska, there is hockey. have been here for 45 years or a shorter TRIBUTE TO THAD COCHRAN We love hockey. We all know it is a tenure, I am grateful for their good as- Mr. SULLIVAN. Mr. President, I wish tough and competitive sport, but it sistance. to add my words to what we saw on the certainly fits into the ethos of my I ran my first Senate reelection cam- Senate floor here a couple of minutes State. All across the State, kids and paign in 1984, largely on constituent ago. I had the honor of presiding over adults play hockey—boys, girls, men, service. I will always be proud of my much of the ceremony recognizing Sen- and women, in indoor and outdoor State staff for their work on behalf of ator THAD COCHRAN’s incredible service rinks, ponds, and lakes—and skate up Mississippians. State staff help us keep to Mississippi and to America. You and take to the ice.

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.003 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1900 CONGRESSIONAL RECORD — SENATE March 22, 2018 However, as many parents who are Fast forward to 1998, and Scotty, his ends ago, and it was quite an event. involved in hockey know, gear can be son, a 4-year-old playing hockey on More than 600 hockey players showed very expensive. Actually, hockey can ponds in Anchorage, is selected by the up—kids, lawyers, doctors, slope work- be very expensive. Many kids and New Jersey Devils as their first-round ers, former pro and college players— adults can miss out on this great, great draft choice—the first Latino ever men and women. Counting everybody, sport—a great sport in my State—be- drafted to be in the first round of the more than 1,000 people, from all walks cause of the cost. NHL draft. Scotty went on to become of life, went to the event to raise I would like to introduce you to An- an all-star, Stanley Cup winner and a money for youth hockey in Alaska. chorage resident Carlos Gomez, who is recipient of the Calder Memorial Tro- It is amazing what one family can do our Alaskan of the Week. He has dedi- phy as the league’s rookie of the year— to touch so many, led by Mr. Carlos cated an extraordinary amount of his all in his first NHL season. That is not Gomez. As Scotty said, ‘‘It was my fa- time and his life to try to make sure bad for a little kid from Anchorage— ther’s dream to give back. This is all that all kids in my State—boys and all before he turned 21. He went on to him. He always just wants to help oth- girls from all walks of life—get to play win another Stanley Cup and later ers.’’ hockey, like so many others do in Alas- played for the New York Rangers, the If you are a kid in Alaska who wants ka, no matter if they can afford it or Montreal Canadiens, the San Jose to play hockey, Carlos Gomez will egg not. Sharks, the Florida Panthers, and the you on and make sure nothing, espe- Let me tell you about Mr. Carlos St. Louis Blues. He even chose to re- cially the cost of equipment, will stop Gomez, because he is not one to brag turn home to Anchorage during the you. about himself. Like most Alaskans of NHL lockout to play briefly for our Scotty said: the Week, he is an unsung hero, doing very own Alaska Aces. When I was growing up, he was like a fa- so much for the community. His im- As you can imagine, Scotty is quite ther to all of the neighborhood kids who pact on hockey—particularly, for the popular and well-known in Anchorage. needed one. My dad’s a true hero. youth of Alaska—is remarkable. In He is admired by so many, and his fa- I thank Mr. Carlos Gomez for all he many ways, his story is truly a classic ther is as well. He could have stopped has done for Alaska’s youth and youth story of the American dream. championing, as he has done for so hockey throughout our great State. We Carlos was born in California. When many years, the sport of hockey at any are honored to call him our Alaskan of he was 10, he and his brother went to live with an aunt in San Diego. His point along the way, but what he did the Week. I yield the floor. wife Dalia was born in Colombia and was that he kept doing this. He kept working. He kept encouraging young I suggest the absence of a quorum. then moved to Alaska, also with an The PRESIDING OFFICER. The aunt, when she was just 7 years old. kids in Alaska to get on the ice to achieve their goals, just like his son clerk will call the roll. Carlos received a scholarship from the The bill clerk proceeded to call the University of California San Diego but did. So Carlos, Scotty, and the rest of the family set up the Scotty Gomez roll. had to drop out and cut his studies Mr. BROWN. Mr. President, I ask short because the strain of both going Foundation, which is devoted to that cause, and Carlos Gomez is still run- unanimous consent that the order for to school and providing for his family the quorum call be rescinded. and contributing enough for his family ning it today. There are more kids like Scotty out there, Carlos said, and The PRESIDING OFFICER. Without was very difficult. objection, it is so ordered. He ended up in Alaska in 1972 to work ‘‘we’re going to give that kid an oppor- as an ironworker, where he helped to tunity,’’ like my son had. MARCH FOR OUR LIVES build our State. He built the Alaska The foundation has done so much for Mr. BROWN. Mr. President, this pipeline during that time. It was a youth hockey in Alaska. Thousands of weekend, Americans around the coun- huge and exciting time in the State. He kids across the State have access to try and at, at least, a dozen places in met his wife Dalia, as I mentioned, and gear and the ability to play this great my State of Ohio will hold peaceful they settled down in a modest home in sport that they otherwise wouldn’t be marches in their communities to de- Airport Heights, AK, and began to raise able to afford. Around Anchorage’s mand that we in this body—the people a family. rinks, you will find the dark blue and who represent them—actually do some- They had three wonderful kids. His gold gear—just like our Alaska flag— thing to protect them from gun vio- daughters are Monica and Natalie, and with a ram. It is the Gomez ram, and it lence, not just state that my thoughts his son is Scott. All of them are great, helps kids, no matter their back- and prayers are with the victims and bright kids. One of them, Scott, who grounds or experience, get on the ice the families but to actually do some- we in Alaska simply call Scotty—and I and play this great sport. thing. will get to that—had amazing athletic The foundation has put money into That sort of activism is so important talents. When Scotty was just 4 years rehabbing rinks, like the one in East to our democracy. Change never starts old, Carlos took him to his first hockey Anchorage, which is the neighborhood in Washington. We make progress be- game. Scotty wanted to try it himself. outdoor rink where Scotty learned to cause of the grassroots movements of Soon the young boy was hooked and play hockey. When the Anchorage Americans across our country who de- wanted to play hockey as often as he School District dropped the girls’ high mand action. For too long, Congress could, and he was good. The problem school hockey in the spring of 2013, the has ignored millions of Americans who was that although they weren’t poor as Scotty Gomez Foundation, under Car- want reasonable gun safety measures. a family, they didn’t have the extra los’s leadership, stepped up, picked up Instead, this Congress continues to do money for all the equipment and the the sport for 3 years, and redeveloped it the bidding of the gun lobbyists. expense that hockey requires. The An- into cooperatives across Anchorage’s We already see activism making a chorage Boys & Girls Club had a pro- eight public high schools. Girls’ hockey difference. It is a minor step, but this gram that loaned out hockey equip- in Anchorage is alive today because of week, in the bipartisan budget deal, we ment and hockey gear. They helped to Carlos Gomez and his family. Also, in will vote to loosen government regula- utilize that. As Scotty grew, he needed his never forgetting the generosity tions that severely limit research on more equipment, and he stayed focused given to Scotty in his start in hockey, gun safety. It is an important first on hockey. Soon Carlos, our Alaskan of the foundation sponsors youth hockey step, but we have a long way to go. We the Week, became so involved in youth events and grants for the Boys & Girls can’t say we are doing what it takes to hockey and had such a heart for the Club of Anchorage. That is really giv- keep our country safe until we are fi- youth who wanted to play hockey in ing back to the community. nally willing to pass commonsense Alaska but had difficulty affording it One of the Scotty Gomez Founda- laws that protect all Americans from that he became this master fundraiser tion’s biggest events every year is the gun violence. Many of us have tried. throughout Alaska for the sport, not Last Frontier Pond Hockey Classic, I supported the original Federal as- only for his son but for all the kids in which is organized by Carlos and his sault weapons ban in 1994 during my the community who wanted to play partner, Mike Davenport, in Big Lake. first term in Congress. I joined with hockey across the city. The event took place just two week- many of my colleagues to vote to

VerDate Sep 11 2014 23:36 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.023 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1901 renew it after the shooting at Sandy The bill clerk proceeded to call the us to take action. The exact name of Hook. Weapons of war don’t belong on roll. the effort being undertaken is March our streets or in our classrooms. Mr. SASSE. Mr. President, I ask for Our Lives. We have never seen on We have tried to pass legislation to unanimous consent that the order for this issue—and maybe any other close loopholes in our background the quorum call be rescinded. issue—this kind of intense activism check system so the people who buy The PRESIDING OFFICER (Mr. that young people have undertaken guns on the internet or at gun shows PERDUE). Without objection, it is so or- across the country. have to go through the same back- dered. This march on Saturday, March for ground checks as law-abiding gun own- The PRESIDING OFFICER. The ma- Our Lives, will be unprecedented in re- ers who buy their guns at stores in jority leader. cent American history. I am going to Ohio. UNANIMOUS CONSENT REQUEST—EXECUTIVE be in the city of Philadelphia, and I After the tragedy at the Pulse night- CALENDAR know some people will be marching in club in Orlando, we tried to pass legis- Mr. MCCONNELL. Mr. President, I Washington, as well as in communities lation to prevent people on the ter- ask unanimous consent that the Sen- across the country. rorist watch list from buying guns. ate proceed to executive session for the The focus of the work of young peo- People can’t believe the law in this consideration of the following nomina- ple across the country—starting with country; that if you are on the govern- tion: Executive Calendar No. 619, the the students in Parkland, FL, but ment’s terrorist watch list, you can’t nomination of Richard Grenell to be growing all across the country in these go to the Cleveland Hopkins Inter- Ambassador to Germany. I ask unani- many weeks—will be taking action, de- national Airport in Cleveland, to the mous consent that the Senate vote on manding that the U.S. Senate, the U.S. John Glenn Columbus International the nomination with no intervening ac- House, and any other legislative body Airport in Columbus, or to the Ronald tion or debate; that if confirmed, the that can have an impact on this should Reagan Washington National Airport motion to reconsider be considered take action. That is what they are de- in Washington and get on an airplane, made and laid upon the table; that the manding. I think there are a number of which is the right thing, but that you President be immediately notified of folks in Washington who have wanted can go out and buy a gun. the Senate’s action; that no further to take action for years. We know what happened each and motions be in order; and that any I hope, in response to that activism, every time. The gun lobby stood in the statements relating to the nomination in response to those marches, when we way. It stands in the way, despite the be printed in the RECORD. come back after our break—and I hope fact that the laws we are talking about The PRESIDING OFFICER. Is there days and weeks after that—that there will not undermine the rules and rights objection? will be a response here in the Senate of law-abiding gun owners. I have al- The Senator from Oregon. and that we will debate the issue or de- ways respected the rights of hunters Mr. MERKLEY. Mr. President, re- bate one amendment or one bill and and collectors and other law-abiding serving the right to object, I cannot in then vote on it, and then take the next gun owners. No one is trying to take good faith support a nominee who has bill and vote on that, and keep going away their guns. Yet, when our stu- a lengthy track record of tweets at- until we have a number of votes. It dents aren’t safe in school, it is clear tacking both prominent Democratic doesn’t mean that we can be certain of something has to be done. We will not women and prominent Republican the outcome. In my judgment, the rea- give up on making our country safer. women. Since his nomination, these son to have a vote is to make sure that We will keep fighting until we get tweets have continued, showing a com- the American people see us debating weapons of war out of our schools and plete disregard for the Senate con- this issue and voting on it. off our streets. firmation process and a disregard for Otherwise, to take no action, to sim- Creating change in our country is not the seriousness of the position for ply say that there is nothing we can do easy. It requires often going up against which he has been nominated. about a uniquely American problem— powerful special interests. It is how At the same time, Mr. Grenell has the other option of course is to sur- things happen in this country. It is how been dismissive of the importance of render, to say that gun violence is just women got the right to vote. It is how the threat Russia poses to U.S. democ- part of American life, we have to get we passed civil rights. It is how we racy, and we certainly need to have used to it, there is nothing we can do passed workers’ compensation. It is U.S. Ambassadors who can work with about it, and surrender to the problem. how we passed Medicare. It is how we our European allies and partners, now I think most Americans don’t want to got Social Security. People banded to- more than ever, to reinforce the keep reading that number of deaths gether—activists—around the country. strength of the institutions we have that pile up every year. At last count, They pushed their country and pushed built to protect the rule of law and de- there were 33,000 gun deaths in 1 year. their government at the State level, at mocracy and to defend our western de- I don’t think many Americans want to the county level, at the courthouse, at mocracies against Russian inter- settle for that. That is not the America the Capitol in Washington. They stood ference. I know. That is not the America most against powerful special interests and So with that, I object. people know. won on behalf of the public. From the The PRESIDING OFFICER. Objec- In America, we take action on tough Women’s March to airport rallies, to tion is heard. issues. We tackle them or try to tackle the activism around the Affordable The Senator from Pennsylvania. them. We don’t surrender to the prob- Care Act, last year, Americans proved Mr. CASEY. Mr. President, I ask lem. We don’t surrender to one polit- over and over the power of activism. unanimous consent to speak as in ical point of view and say that paral- The people I will be with on Satur- morning business. ysis leads to no solution. That is not day—my daughters, my wife, and prob- The PRESIDING OFFICER. Without American. ably three of our grandchildren—will objection, it is so ordered. Back in December of 2012, when join hundreds of thousands all over this GUN VIOLENCE Sandy Hook Elementary School was country in fighting for these issues. Mr. CASEY. Mr. President, I rise this the scene of the kind of horror and car- The people who will be marching on afternoon to talk about an issue we nage that we have rarely seen in Amer- Saturday are the ones we were elected have talked about a lot in Washington ican history, there also was that pre- to serve. We were not elected to serve but frankly haven’t done enough about, disposition to just move on and do special interest gun lobbyists. These and that is gun violence. In the next nothing, to say there is nothing we can activists give me hope for the future. I number of hours—certainly all day do. I was confronted with those ques- hope my colleagues in this body will Saturday—we are going have dem- tions that same weekend because I listen to the activists, not to the lob- onstrations across the country. Young knew, in the months ahead, there byists. people will be going into local commu- would be a series of votes. There turned I suggest the absence of a quorum. nities, as well as coming to Wash- out to be a vote on background checks, The PRESIDING OFFICER. The ington, to march on behalf of those a vote on the limitation of high-capac- clerk will call the roll. whose lives have been lost and to urge ity magazines—in essence, how many

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.024 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1902 CONGRESSIONAL RECORD — SENATE March 22, 2018 bullets can an individual shoot at any Then he ended with this question: the high-capacity magazines and still one time. That is the reason for the ‘‘Am I worth it?’’ Then Hayden asked let what we have in American law now, mass casualties. That is the reason we again: ‘‘Am I worth it?’’ He asked that which is a terrorist can get a gun in have so many people who die in school twice in a postcard where he is just America—if you want to continue that, shootings or in movie theaters or in writing a few sentences. Then he put a fine. That is your choice. That is your nightclubs or in so many other set- heart on the other side. In a few sen- choice, but at least vote. At least have tings, and, most recently, in yet an- tences, Hayden is summing up the the sense of responsibility to vote on a other school. The third vote, of course, challenge we face in the Senate and tough issue. was a vote to ban military-style as- across the country. He said twice in We will have an opportunity to an- sault weapons. the same letter: ‘‘I do not feel safe. . . . swer the postcard and answer the ques- Knowing I would be facing those I don’t feel safe’’—something probably tion Hayden asked—is he worth it? I votes, which turned out to be in the most people my age or in my genera- think he is, and I think we ought to early part of 2013, I had to ask myself tion, so to speak, never had to worry vote. a basic question, and I think this is a about. DEVELOPMENTAL DISABILITIES AWARENESS question a lot of Americans are asking We didn’t think of going to school MONTH at times like this: Is there nothing the and being threatened by gun violence. Mr. President, I will be brief. I just most powerful country in the world, There might have been anxiety in want to note one of the recognitions of the most powerful country in the his- school, there might have been things this month. I want to take a moment tory of the human race, could do to at we were worried about, but this wasn’t and remind everyone that March is De- least reduce the likelihood that we will one of them. This is new, and this was velopmental Disabilities Awareness not have more mass shootings, we will a uniquely American problem. No other Month. not have more school shootings, we country in the world faces this kind of In 2011, the Centers for Disease Con- will not go year after year, after 33,000 a problem. trol and Prevention estimated that 14 people lost their lives from gunshot We have to ask ourselves if a young percent of children in the United wounds—a number that is likely to person in fifth grade doesn’t feel safe States have a developmental disability; grow if we don’t take action. That is because of these mass shootings, and that is, almost 10 million children. De- the choice: Do almost nothing, nothing mass shootings in school, and then velopmental disabilities include au- itself, or take action. That is the fun- asks us, ‘‘Am I worth it,’’ every one of tism, Down syndrome, cerebral palsy, learning disabilities, and many other damental choice we face. That is why us in both parties should say: Of congenital disabilities. we need votes and debates preceding course, you are worth it, Hayden. Hay- In the past, we took a rather pater- den is worth the effort to try to keep those votes. nalistic point of view with regard to It is hard to comprehend that it has him safe in school. people with developmental disabil- been half a decade—5 years—since we If the answer to that question is yes, ities—taking care of them but not rais- had a sustained debate on the floor of that he is worth us doing something ing them up and fostering their skills the U.S. Senate on gun violence. We about it, then you have to ask the and abilities. This was shortsighted on have had intermittent debates. We question, What am I going to do about it? Are we just going to do what we our part. have had limited discussions. We have Today, with the help of such laws as usually do around here, just don’t vote, had some speeches. I guess all of that is the Individuals with Disabilities Edu- don’t have any sustained debate, and helpful, but we have had no sustained cation Act—we heard a lot about that debate on one of the major issues fac- pretend it is not happening because referred to by its acronym, IDEA—the ing the American people. there are forces out there that have a Americans with Disabilities Act, so- They don’t expect us to solve this stranglehold on the process that say: called ADA, and then my legislation problem in a couple of days or weeks, You are not even allowed to vote, let from a couple of years ago, the ABLE but they do expect us to vote, and they alone debate and pass a bill. Act, each of these pieces of legislation There are forces out there that don’t expect us to debate. After 5 years, it is are breaking down barriers to encour- even want us to debate the issue, but I about time we had a sustained debate. age and support people with develop- Many of us receive letters on a range think we can do more to respond to mental and all types of disabilities. of issues, depending on what the issue Hayden’s request and, of course, re- People with developmental disabil- of the week is or the issue of the month spond to what young people across the ities contribute numerous benefits to is. I recently received mail in a form country are demanding. our society. In Pennsylvania, thou- we don’t see enough of anymore—post- You have young people who are not sands of people with developmental dis- cards. These were written by students old enough to vote yet—and I am not abilities are working in competitive, and individuals too young to even be just talking about Hayden and his integrated jobs at such places as SAP, referred to as students. Here is one postcard but all those young people FedEx Ground, PNC Bank, Giant Eagle that is only age 5. His name is Corey. who are coming to Washington and grocery stores, and many small busi- He said in his note to me that he going to town squares in small towns nesses throughout the Commonwealth doesn’t want to have guns in his and big cities to march for their lives. of Pennsylvania. school, and he wants me to do some- Many of them are not 18 years old yet. People with developmental disabil- thing about it. It goes on from there in They can’t vote, and they are leading ities make our lives richer and fuller. the short note, and he attached some the country, suggesting to us how to As we celebrate them, I pledge—I know artwork in the back. That is what vote, demanding that we take action. this is a pledge many in the Senate Corey said; he doesn’t want to have It is rather ironic that this problem make—to protect their rights and the guns in school. has gotten so bad that young people rights of all people with disabilities to Then there is Mason, who wrote to who still cannot cast a vote are asking have equal access to all of our society. me and said: us to do our jobs and to vote. I yield the floor. I want to feel safe in school. There should It is not difficult to vote in the U.S. The PRESIDING OFFICER. The Sen- not be guns in my school. Senate. Usually, you just have to be ator from Wyoming. He goes on to talk about what he is standing and put your hand up or NOMINATIONS worried about. He said: ‘‘I want to feel thumb up or some indication to the in- Mr. BARRASSO. Mr. President, ear- safe in school.’’ dividuals in the Senate who record lier this week, the Senate voted to con- Then, finally, probably the one who those votes. It is not that difficult. It firm Kevin McAleenan to be the Com- summed up these issues the best was a doesn’t require a lot of exertion. It missioner of U.S. Customs and Border young man by the name of Hayden. He doesn’t require a lot of energy. You Protection. This is a national security wrote to me and said: just have to be on the floor, be stand- job. It is the person in charge of mak- I am a 5th grader and I don’t feel safe being, and say yes or no. If someone ing sure America has secure borders. cause it is too easy to get a gun permit. I wants to vote against all these gun He was approved unanimously by the should not know about this stuff. I don’t feel measures, if they want to vote against Senate Finance Committee that voted safe. background checks and limitation on on it before it came to the floor.

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.028 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1903 In spite of that unanimous vote, the It is time, in my opinion, to end this ligence. He has the integrity. He has Democrats in this body still delayed partisan spectacle. We have 78 more the experience for the job. this nominee from taking office for as nominees for various jobs who have We will be having confirmation hear- long as they could. They forced the ma- made it through their committee hearings in the Foreign Relations Com- jority to file cloture on it. We had the ings and are waiting for a vote on this mittee in April. Let’s have a hearing, a vote last week, then we had to wait to floor. Most of these people have bipar- fair debate, and then let’s vote. Let’s do it, spend the time, and in the end, 30 tisan support. They can be and will be not have any of these continued stall- Democrats—the Democrats who de- confirmed easily. The administration ing tactics and this pointless obstruc- manded we hold a cloture vote, delay has to waste time to get their team in tion that Democrats have engaged in the vote—voted in favor of his con- place. Democrats aren’t using the rules ever since the first day President firmation. This had nothing to do with for debate. They are not using the rules Trump took office. his qualifications for the office. They for deliberation. It is only for delay. Mike Pompeo’s nomination to be just wanted to delay and obstruct. It wasn’t and hasn’t always been this Secretary of State will still get 30 That is what we are dealing with here. way, and there is no reason it should hours of debate, and after that, we will Forcing a cloture vote on a non- continue this way. The Senate had a need to confirm a new CIA Director. controversial executive nominee used different standard for executive branch Last year, we allowed 30 hours of de- to be extremely rare—hardly ever hap- nominations a few years ago. In 2013 bate on that nomination, and Demo- pened. There were 15 people confirmed and 2014, the rules said that we would crats used only 2 of the 30. Under the after a cloture vote at this point for have a full 30 hours of debate only for compromise rules that I think we the previous four Presidents combined. Cabinet Secretaries; for all other exec- should return to, we would allow up to So if you take a look at the previous utive branch Presidential appointees, 8 hours of debate. It is clearly enough— four Presidents—Obama, Clinton, both only 8 hours of debate. But today we more than most people would think Bushes—a total of 15 votes were taken, allow 30 hours on every nomination, would be needed. requiring cloture in each of those and Democrats have shown that, in We have more than 100 other quali- Presidencies, total. fied people who have been voted on and What about President Trump? Fifty most cases, it is far too much time. approved by the appropriate Senate people—50, 5–0—have been confirmed We need a fair debate on every nomi- committee, and they are waiting to do only after deliberate delay by the nation. The procedure from 2013 and important jobs. With all of the threats Democrats, forcing us to waste time on 2014 was fair. The way Democrats are that our country is facing around the cloture votes. That doesn’t even count wasting time today to keep us from world, it is time for Democrats in the people who were nominated to be doing work is not fair. It is time to re- judges. We are just talking about Pres- turn to the rules for debating nomina- Senate to stop wasting time and stop idential appointments in the executive tions that the Senate used 4 years ago. abusing the rules. It is time for Demo- branch. This delay is unproductive, and The rules that we used in 2013 and crats to join Republicans and the it is unprecedented. 2014 were the result of a compromise. President to do all we can to keep Democrats are insisting on cloture Democrats controlled the Senate at the America prosperous, safe, and secure. votes because there is a Senate rule time, and a Democrat was making the Thank you, Mr. President. that allows for up to 30 hours of debate nominations; that was President I yield the floor. The PRESIDING OFFICER. The Sen- on Presidential nominees after we have Obama. Republicans agreed to a fair ator from Washington. had that vote. In reality, very little of time limit on the amount of debate. this time is actually spent on debating There was a bipartisan group who OMNIBUS APPROPRIATIONS BILL the nominees or their credentials to worked on this compromise—four Re- Ms. CANTWELL. Mr. President, I serve in the office for which they have publicans, four Democrats—and I was come to the floor to talk about H.R. been nominated. one of the four Republicans who were 4851, legislation that just recently It is a pattern of ongoing obstruction part of that group. Senator SCHUMER, passed the Senate in the last hour or the Democrats have been following who is now the Democratic leader, was so. Hopefully it is on its way to final since the very first day of the Trump part of that group as well. There was reconciliation with the House and administration. That is right. Since overwhelming support for these hopefully will become law later today. the very first day, Inauguration Day changes on both sides of the aisle. It is Before I talk about that, I want to last year, Republicans wanted to vote time to change the Senate rules and go take a second to recognize some provi- on Mike Pompeo’s nomination to be back to that process that Senator sions that are in the omnibus that we head of the Central Intelligence Agen- SCHUMER supported in 2013 and in 2014 also are going to be voting on in the cy, an important key position in any when Democrats were in the majority. next few hours, two provisions that are President’s Cabinet, but we already Today, Democrats deliberately delay very important to the Pacific North- had the debate in the Foreign Rela- in ways that limit us to a couple of west—one, finally a fix on fire bor- tions Committee. We could have had a nominations in a typical week. If we go rowing, which is so important to the debate on the floor that evening, but back to the 2014 standard, we could entire Northwest but particularly in no. A small number of Democrats clear multiple nominations in a single the State of Washington, which has blocked it and forced us to have first a day. seen the great impact of forest fires in cloture vote and delay moving forward, We should have this process back in the last several years. This will end the delaying the process from day one—In- place by the time we take up Mike fire borrowing that we have seen that auguration Day—of the administra- Pompeo’s nomination to be Secretary has prevented us from doing the kind tion. of State when we get back in April. of fuel reduction that we would like to How much of the 30 hours did the The world is a dangerous place. We see to protect our communities, and it Democrats actually spend debating have serious concerns about Russia, will help us better manage with stew- this person’s qualifications to be head Iran, China, and important trade issues ardship contracts and release the funds of the CIA? Less than 2 hours. They that we need to be working on. The that should be going to recreation wasted 30 hours of the whole time; only President will be meeting with North management within our forests. 2 hours was used in debate. That is how Korean leader Kim Jong Un. America This fire funding fix has been long in long the Democrats spent on this floor needs to have a full slate of people the making. I thank my colleagues, giving their reasons why they wanted helping the President on these issues, Senators WYDEN, RISCH, and CRAPO, for to vote against the nominee. It had and we need them to be the correct, their hard work, and I thank Bryan nothing to do with Mr. Pompeo; it was very talented people that a President Petit from my office, who has worked just so Democrats could waste 3 more needs. tirelessly on this as well. We are start- days, allowing nothing else to happen, We are fortunate to have Mike ing a new day in how we treat our for- blocking other activities in the Senate. Pompeo as the likely nominee to be ests and hopefully one that will reduce The rules allow the Democrats to stall, Secretary of State. He is the right per- the risks to many communities. and they took full advantage of the son for the job. He knows the issues. He I thank our colleagues for working so rules. knows the people. He has the intel- diligently on including a provision on

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.029 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1904 CONGRESSIONAL RECORD — SENATE March 22, 2018 affordable housing. This is the first af- full text of Robert F. Kennedy’s speech And let’s dedicate ourselves to what the fordable housing increase in a decade. I in Indianapolis on April 4, 1968, the 50th Greeks wrote so many years ago: to tame the want to thank specifically Senator anniversary coming up next week. savageness of man and make gentle the life of this world. Let us dedicate ourselves to SCHUMER and Senator MCCONNELL and There being no objection, the mate- that, and say a prayer for our country and Senator HATCH, my cosponsor on this rial was ordered to be printed in the for our people. legislation, for helping us get this RECORD, as follows: Thank you very much. done. This is not everything we would FULL TEXT OF ROBERT F. KENNEDY’S SPEECH: Ms. CANTWELL. Mr. President, some like to see in affordable housing, but INDIANAPOLIS, APRIL 4, 1968 days we need a reminder of what per- certainly it is starting to point in the Ladies and Gentlemen, spective in the face of crisis really ac- I’m only going to talk to you just for a right direction. complishes. We know that 50 years I also thank Anna Taylor, Artie Man- minute or so this evening, because I have after this historic speech, we have an del, Lara Muldoon, and Jay Khosla for some very sad news for all of you Could you understanding about how incredibly working so diligently on trying to lower those signs, please? I have some very magnificent this moment was, so I am make the housing crisis something sad news for all of you, and, I think, sad news for all of our fellow citizens, and people so glad to join my colleague in com- that we have to deal with here in the who love peace all over the world; and that memorating it. It was about holding U.S. Senate. For us in the Pacific is that Martin Luther King was shot and was Northwest, the homelessness crisis, our the consciousness of a society and how killed tonight in Memphis, Tennessee. to respond to an unbelievable, tragic, returning veterans, our aging popu- Martin Luther King dedicated his life to lation, and workforce housing have be- love and to justice between fellow human violent event and to hold the con- come the No. 1 issue. For Seattle and beings. He died in the cause of that effort. In sciousness of a society with words— the whole Northwest, starting to put this difficult day, in this difficult time for just words. And that is the point—that more resources on the table to build af- the United States, it’s perhaps well to ask words matter; that words matter to a fordable housing is the right direction, what kind of a nation we are and what direc- society. They are what holds us to- tion we want to move in. and we need it desperately now, and gether. They are what creates unity. For those of you who are black considering They are what creates perspective. In this legislation will help us. the evidence evidently is that there were KENNEDY-KING NATIONAL COMMEMORATIVE SITE white people who were responsible you can this case, they also created history. BILL be filled with bitterness, and with hatred, Senator Kennedy spoke to a crowd in Now, Mr. President, I come with my and a desire for revenge. Indianapolis and announced the death colleague Senator YOUNG—and I know We can move in that direction as a coun- of Martin Luther King—an unbeliev- try, in greater polarization black people Senator DONNELLY wishes he could join able responsibility. If you watch now in amongst blacks, and white amongst whites, us—to talk about the legislation that videos of the speech, you will hear the filled with hatred toward one another. gasps of the audience, who was un- Representative ANDRE´ CARSON has sent Or we can make an effort, as Martin Lu- to the Senate and we just recently ther King did, to understand, and to com- aware that that event, in that moment, passed back to the House. This bill des- prehend, and replace that violence, that had taken place. Yet he spoke to the ignates the Landmark for Peace Memo- stain of bloodshed that has spread across our crowd about why violence and retribu- rial, which is located in the Martin Lu- land, with an effort to understand, compas- tion should not be pursued. He created ther King Jr. Park in Indianapolis, and sion, and love. calm among chaos. He created a mo- it designates it as the Kennedy-King For those of you who are black and are ment where everybody realized that tempted to fill with hatred and mistrust of National Commemorative Site. they were commemorating the life of the injustice of such an act, against all white Dr. Martin Luther King, that his life This legislation provides that this people, I would only say that I can also feel commemorative site shall be part of in my own heart the same kind of feeling. I had been about a nonviolent response the African American Civil Rights Net- had a member of my family killed, but he to tragedy and to the challenges we work that Congress established last was killed by a white man. face. December, and it will be only the sec- But we have to make an effort in the When we commemorate this moment ond commemorative site in our beloved United States. We have to make an effort to with this designation, we are com- National Park System. The other des- understand, to get beyond, or go beyond memorating a moment, in my opinion, these rather difficult times. of the human spirit. We are commemo- ignation went to Charleston, AR, the My favorite poet was Aeschylus. And he location of the first public school in once wrote: rating a moment—the incredible pain Robert Kennedy must have felt, know- the South to be fully integrated. Even in our sleep, pain which cannot forget This national commemorative site, falls drop by drop upon the heart, ing that Martin Luther King had just which will remain as part of a city until, in our own despair, been assassinated. Yet he spoke to the park, is not going to be part of the Na- against our will, crowd about keeping the peace and re- tional Park System, although I am comes wisdom membering the lessons of Dr. King. happy to discuss that with my col- through the awful grace of God. We will never know what kind of leagues moving forward. The National What we need in the United States is not Presidency RFK might have given our Park Service is authorized to enter division; Nation, but we know this from his into cooperative agreements to help what we need in the United States is not speech: We know what kind of man he hatred; was, and we know what kind of human provide for education and interpreta- what we need in the United States is not tion of this site. violence and lawlessness, but is love, and spirit and soul can communicate, in The Young-Donnelly amendment re- wisdom, and compassion toward one another, that moment of tragedy, the direction moves language in the bill authorizing and a feeling of justice toward those who of a nation. the Park Service to conduct a special still suffer within our country, whether they It is so important at this moment in resource study and assess its potential be white or whether they be black. our history that we reflect on this 50th for inclusion in the National Park Sys- So I ask you tonight to return home, to anniversary. At a time when it is bet- tem. I know my colleague Senator say a prayer for the family of Martin Luther ter to use words to speak calmly and King yeah, it’s true but more importantly to YOUNG is here on the floor, and I thank competently in the face of tragedy, I say a prayer for our own country, which all him for his leadership. I hope that of us love a prayer for understanding and hope that here in Washington, we will some day he and I can continue, with that compassion of which I spoke. remember one of the greatest political Senator DONNELLY, to expand on this We can do well in this country. We will speeches of all time. and revisit this issue. The original leg- have difficult times. We’ve had difficult I yield the floor. islation passed unanimously out of the times in the past, but we and we will have The PRESIDING OFFICER. The Sen- House of Representatives, and I know difficult times in the future. It is not the end ator from Indiana. Senator YOUNG worked hard to clear of violence; it is not the end of lawlessness; Mr. YOUNG. Mr. President, earlier the one objection, but I don’t think and it’s not the end of disorder. today, the Senate passed the Kennedy- But the vast majority of white people and King National Commemorative Site that one objection should delay us the vast majority of black people in this from furthering our interest in this country want to live together, want to im- Act—an effort that I was pleased to issue. prove the quality of our life, and want jus- lead here in the Senate, alongside my Mr. President, I ask unanimous con- tice for all human beings that abide in our colleague Senator DONNELLY. This im- sent to have printed in the RECORD the land. portant legislation commemorates the

VerDate Sep 11 2014 05:52 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.031 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1905 Landmark for Peace Memorial in Indi- plumber making $60,000 whose health We will not apply the traditional Hyde anapolis and establishes the site as insurance is $20,000 and he pays for all language to health insurance, even part of the African American Civil of it and about the fact that the bill we though we are going to apply it to the Rights Network. The act would not are about to vote on today could have Indian health programs, to the VA, to have passed without the support of had in it bipartisan legislation—sup- women’s medical care, to global health both Chairman MURKOWSKI and Rank- ported by the President of the United programs, to the Ryan White HIV/AIDS ing Member CANTWELL, and I thank States, the majority leader, and the program—to 100 programs that Demo- both of them and their hard-working Speaker of the House—that would have crats will be voting on today to apply staffs for their assistance in this effort. reduced that plumber’s health insur- the Hyde language to. They will do I also extend my sincere gratitude to ance bill from $12,000 to $8,000, accord- that, but they are going to block bipar- Representative BROOKS, Senator DON- ing to the Oliver Wyman health con- tisan legislation—supported by the NELLY, and Representative CARSON for sulting experts, who have evaluated President, the majority leader, and the working with me to pass this measure the bipartisan legislation that we have Speaker—that will reduce the health that recognizes a significant moment proposed. insurance rates of the plumber making in Indiana’s and our Nation’s history. The only reason it doesn’t have that $60,000 from $20,000 to $12,000? Two weeks from now, on April 4, the in there is because Democrats have ob- I want to speak about that plumber. city of Indianapolis will commemorate jected to putting on this bill we are I want to speak ahead to October 1, the 50th anniversary of Senator Robert voting on today the traditional Hyde when the rates for 2019 are announced. F. Kennedy’s timeless speech in the amendment that governs how dollars I want to talk about Marty, the farmer Circle City. On that fateful evening in are spent when an abortion is involved. in Tennessee who I met at the Chick- 1968, Senator Kennedy was scheduled to The traditional Hyde amendment is a fil-A, who came up to me and said: I be in Indianapolis for a campaign compromise that has been on every ap- was paying $300 a month for my health event. As Senator Kennedy arrived in propriations bill—and this is an appro- insurance, and over the last 5 years it Indianapolis late that evening, he priations bill—since 1976 and that has gone up to $1,300, and I can’t afford learned of the tragic death of Martin Democrats have voted for hundreds of it. Luther King, Jr., in Memphis, TN. Sen- times and Republicans have voted for I said: I have a Christmas present for ator Kennedy decided to speak to the hundreds of times. On this very bill you. Then, I thought I had a Valentine assembled Hoosiers who had come to that we are voting on today, more than card for it. Then, I thought I had an see him and inform them of the tragic 100 times the Hyde language applies to Easter present for it, because we got news of King’s death. He confirmed the other programs. bipartisan legislation, supported by the terrible rumors that many were begin- So Democrats are scrambling and President, the majority leader, and the ning to hear that evening in the course embarrassed, coming up with excuse Speaker. I said: We can put that in the of his words. after excuse, trying to explain to the omnibus bill, we can pass it by the end Cities throughout America were self-employed businessperson—the of March, and we can reduce your erupting in riots, in many instances, as farmer, the songwriter, the plumber— rates. they learned of Martin Luther King, who might be making $60,000 or $70,000 There are 9 million Americans who Jr.’s assassination. However, in Indian- and paying $20,000 for their insurance, don’t get insurance on the job. They apolis, Senator Kennedy spoke to the and paying it all, with no government don’t get insurance from the govern- grief-stricken crowd, and he inspired subsidy—why they are blocking a 40- ment. They buy it themselves. They them. He inspired them to replace the percent reduction in their health insur- are hardworking Americans. They are hatred they felt with compassion and ance and why they will not apply the the plumber, the farmer, the small bus- love. To this day, Hoosiers warmly re- Hyde language to the health insurance inessperson. They are making $60,000, member Senator Kennedy’s moving rate reduction and they will apply it to $70,000, $80,000, $90,000 a year. Their in- speech, and we recognize his heartfelt 100 other programs. Not just in past surance bills are $15,000, $20,000, $25,000 words as a reason why Indianapolis re- voting but today, every single Demo- a year. They are rapidly approaching a mained calm and peaceful while riots crat today who votes for the omnibus point, if they haven’t already, that swept much of the Nation. bill will be voting to apply the Hyde they have to go without insurance be- I wish to close today with a quote language restricting abortion to at cause they can’t afford it, and we have from Senator Kennedy’s speech—pow- least 100 other programs. a way to do something about that. erful words that still ring true 50 years For example, how will they explain It is happening in my State of Ten- after he uttered them. These words will this to the plumber, the farmer, and nessee. Rates went up another 57 per- forever mark Senator Kennedy’s grave the self-employed businesswoman: I cent last year for those people. That is in Arlington National Cemetery: will apply the Hyde language and re- thousands of dollars. Yet we could have What we need in the United States is not strict Federal funding for abortions to today reduced their rates by thousands division; what we need in the United States the National Institutes of Health but of dollars. Here is how: is not hatred; what we need in the United not to reduce your health insurance We have developed two bipartisan States is not violence and lawlessness; but rates by 40 percent. I will apply the bills, beginning in the fall. Our com- love and wisdom, and compassion toward one Hyde language to community health mittee—the Health, Education, Labor another, and a feeling of justice toward those centers today, but I am going to block and Pensions Committee—held four who still suffer within our country, whether the bipartisan proposal to reduce your hearings. We had roundtables to which they be white or whether they be black. health insurance by 40 percent that is we invited all the Senators. Senator I yield the floor. supported by the President, the major- MURRAY, the ranking Democrat, and I The PRESIDING OFFICER. The Sen- ity leader, and the Speaker of the presided over this. ator from Tennessee. House. I will vote today to apply the We talked about all of the issues and Mr. ALEXANDER. Mr. President, the Hyde language to the Federal Employ- tried to see what we could do, and we Senator from Maine will arrive in just ment Health Benefits Program, which came up with what we call the Alex- a moment, and I ask unanimous con- provides health insurance to 3 million ander-Murray bill. It had two parts to sent for up to an hour for us and Sen- or so employees, but I will not vote for it. The first part was regulatory re- ator GRAHAM and Senator ROUNDS to a health insurance program to reduce form. We took something already in address the Senate within that hour— your rates by 40 percent because I will the Affordable Care Act—the 1332 inno- the four of us, and others who wish—to not apply the Hyde language to it? vation waivers—and we made it pos- speak on the health insurance issue How are they going to explain today sible for States to streamline it and within that hour. and next October, when the insurance use it. The PRESIDING OFFICER. Without rates are announced for 2019, 2020, and We also added a few other things. We objection, it is so ordered. 2021, that they had an opportunity in changed the law so that Minnesota and HEALTH INSURANCE March of this year to reduce rates in New York could use the basic health Mr. ALEXANDER. Mr. President, I 2019, 2020, and 2021 by 40 percent and plan and could tap into the subsidies in am here today to talk about the they refused to do it because they said: the way that those States wanted to do

VerDate Sep 11 2014 03:26 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.032 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1906 CONGRESSIONAL RECORD — SENATE March 22, 2018 it. That is $130 million a year in Min- will be voting on today for 100-plus are going to have to not be able to af- nesota and $1 billion in New York. times. ford health insurance for their family. Democrats are blocking that today— How do you explain that to the As to Federal funding for the DC gov- $130 million in Minnesota and $1 billion plumber? How do you explain that to ernment, you are going to vote for that in New York, and Democrats are say- the farmer? How do you explain that to today. Using funds for elective abor- ing no to that today. Why? Because the 9 million Americans who see their tions is restricted in the bill that we they will not apply the Hyde language health insurance rates going through are voting on today. to the health insurance rate decrease, the roof? Senator COLLINS from Maine is here, even though they are going to vote to Let’s not make any mistake about and the Senator from South Carolina is apply it to 100 other pieces of legisla- who is doing this. We are big boys and here. They have worked hard on this. tion in this very bill. girls in the Senate. When we take a We are a group of Senators who I think We did the regulatory reform, and stand, we ought to admit it. What the are fairly, usually seen as trying to get then we did something many Repub- Democrats are doing is they are block- results around here. We are greatly dis- licans didn’t want to do and the Presi- ing a 40-percent rate decrease for one appointed by this—not just for this in- dent didn’t want to do to start with. single reason—one single reason. The stitution but for the people we serve We extended the cost-sharing subsidy President of the United States supports because the hard, simple fact is that we payments for 3 more years. These are it, the Speaker supports it, the major- have legislation that could be in this payments to reduce rates for low-in- ity leader supports it, and we are ready bill that will reduce your health insur- come people on their copays and to put it in the bill, and they say no. ance rates by 40 percent starting in 2019 deductibles. We agreed to do that. Let’s look down the road to October. and continuing for the next 2 years, Then, Senator COLLINS and Senator All of the insurance companies will an- until it gets up to 40. NELSON, a Republican and a Democrat, nounce their rates for 2019, and we will We have the support of the President. came up with a plan—the House did, be looking ahead to 2020 and 2021. Rates We have the support of the Speaker. too, with Representative COSTELLO—to will be going up instead of going down. We have the support of the majority add reinsurance. Reinsurance is some- The farmer, the self-employed person, leader. But the Democratic leader says: thing about which, in our hearings and the songwriter are going to be saying: You can’t have it in the bill. We are in our meetings, virtually every Sen- How am I going to be able to afford going to vote 100 times to apply the ator in both parties said: We really this? Hyde language to everything from the need to do that, because the reason the Nothing is more important to Ameri- National Institutes of Health to com- individual market is in such trouble is cans than healthcare. Nothing is more munity health centers, but we are not that it has so many of the sickest frightening to Americans than the going to let you reduce healthcare Americans in it and they are soaking prospect of not being able to afford to rates. buy healthcare. That is what we are up all the money. That is why Democrats are scram- doing here. The reinsurance program that we bling, coming up with excuse after ex- I am disappointed by this. I have suggested and have in Senator COLLINS cuse. They are going to have to really spent hundreds of hours on this since and Senator NELSON’s bill—3 years, $10 come up with scrambling and excuse September. We had a piece of legisla- billion a year—would give States funds after excuse on October 1, when the tion introduced on this floor by 12 Re- as well as planning money to set up rates are announced. those invisible risk pools, those rein- publicans and 12 Democrats that the I yield the floor. surance programs, that were meant for Democratic leader said every single the sickest Americans to have their Democrat would vote for and the na- The PRESIDING OFFICER (Mr. CAS- needs taken care of, and you lower the tional Democratic chairman said was SIDY). The Senator from South Caro- rates for everybody else. great bipartisan legislation. That is lina. So we have regulatory reform, 3 two-thirds of our bill. Mr. GRAHAM. Mr. President, I will years of cost-sharing subsidies, 3 years What is the other third? The other be very brief. The first thing I want to of reinsurance, $10 billion a year. The third is the Collins-Nelson bill, which do is to thank Senators ALEXANDER Congressional Budget Office says: If adds $10 billion a year for reinsurance. and COLLINS for trying to work very you score it based on real spending, it The Governors like this. The State in- hard to solve a problem that we can actually saves the government money surance commissioners like this. The fix. There are a lot of things about by reducing the premiums that tax- plumber and the songwriter like it. healthcare that I don’t see us fixing be- payers have to pay for—a $1 billion ad- Who doesn’t like it? A few Democrats tween now and tomorrow. This is not vantage for New York for each of the who are saying that the Hyde lan- one of them. Healthcare is very com- next 3 years, $130 million for Minnesota guage, which says—let’s be specific plex. It is one-fifth of the economy. I for each of the next 3 years. We fix the about what it says—you can’t use Fed- think there is a better way to do problem in New Hampshire, to allow eral funds for elective abortions, but healthcare than ObamaCare. Most Re- both Democratic Senators and the Re- you may use any other funds. That is publicans want to replace it. Most publican Governor to say: Please do exactly the law that we have in our Democrats want to repair it. this; we want to be able to mix our bill. We are not talking about that. We ObamaCare and Medicaid savings. The Hyde language is in the bill we are talking about an island of agree- We said: Yes, you can do that, and so are going to be voting on later today. ment that will matter between now can every State. It was put there in 1976. It is adopted and October—what Senator ALEXANDER Within the Affordable Care Act, we year after year. It is on page 1036, if and MURRAY came up with. You had bi- did what Democrats have been saying anybody wants to look it up. Then, partisan support. There are two provi- to do ever since we couldn’t repeal and there is language in the bill that we sions that allow flexibility in terms of replace it last August and said: We will are going to be voting on today re- the 1332 regulations and to continue work with you to fix it. stricting Federal employee health ben- payments to make sure that person The part that needs fixing is the part efits with Hyde-like language, which is who makes too much for a subsidy but causing the plumber who makes $60,000 on page 588. You will be voting for it not enough to be self-sufficient when it to pay $20,000 for his health insurance, today. Then, there is the title X family comes to healthcare gets a little bit of and we have a way to fix it—to reduce planning legislation. That is in the bill help. That is the plumber and the other it by 40 percent, according to Oliver you are going to be voting for, as well, people that Senator ALEXANDER de- Wyman consulting; by 20 percent, ac- today. That is Hyde language. Then, scribed. cording to the Congressional Budget there is the Mexico City legislation. President Obama took care of these Office. Yet the Democrats are blocking You are going to vote for that today. people through Executive action. That it today because they will not apply But you are going to tell the farmer, has been found to be unconstitutional the traditional Hyde language that the songwriter, and the employer that by our courts. Legislatively, we are they voted for every single year since they are not allowed to have a 40-per- trying to continue this program to help 1976 in the omnibus bill and that they cent health insurance decrease. They somebody whose premiums are going

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.034 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1907 through the roof but who are not eligi- Why is it not in the omnibus bill? Be- lems on our side. We will probably pay ble for the statutory subsidies and cre- cause of Democratic objections. Last a price come November about some of ate a new level of help that will keep Saturday, we spent an hour on the the things we have done wrong. All I their premiums from skyrocketing and phone with the President of the United can say to my Democratic colleagues is actually decrease their premiums in States—Senator COLLINS, Senator this: The reason you are stopping this October by 40 percent. ALEXANDER, myself, and Congressman provision from becoming law is that There are a lot of things we can agree WALDEN—talking about this proposal, you think it gives you a political ad- on, and there are a lot of things we can about how it would lower premiums, vantage in November because of pre- accomplish when it comes to how it is good policy, and how this is mium increases in October. This is ex- healthcare, but this is not one of them. the right way to continue to help the actly why the American people hate I can only imagine how these two Sen- people in question. At the end of the politics so much. ators feel. hour discussion, the President said: I want to be on record in March as Senator COLLINS, working with Sen- Count me in. I want to help. I agree to being a Member of the Senate who ator NELSON from Florida, added a the concept. What would you like me works with the other side when I can, third provision to the Alexander-Mur- to do? surrounded by people on my side of the ray concept that makes eminent sense. It never crossed our minds to call a aisle who are historically seen as cen- I doubt if there is one Governor in the Democrat. Our concern was the House. trists when it comes to trying to solve country who would oppose what Sen- We needed the President to call Speak- problems. There is nobody on this floor ator COLLINS is trying to do—to allow er RYAN. Senator MCCONNELL was en- who has a reputation of being an ideo- States to petition for Federal funding thusiastic for this. We honestly be- logue. Senator COLLINS is a pro-choice to help the States deal with the sickest lieved that the problem would be in the Republican, and she is OK with sending people in that State by coming up with House, with our Freedom Caucus these dollars through Hyde protections innovative, high-risk pools and allow- friends. We asked the President to call because they have been around so long. ing States to experiment with what the Speaker of the House, and KEVIN LISA MURKOWSKI is a pro-choice Repub- works best for the sickest people in MCCARTHY, and he did. The Speaker lican. She was with us yesterday, say- their State by accessing Federal fund- told him: We are for it. ing that she is dumbfounded about this ing. You can’t spend it on roads and I thought: home run. argument about abortion. Between last Saturday and now, what bridges, but you can use it for the high- So play the tape later on. When the happened is that NANCY PELOSI, the mi- risk population, the people who drive premiums go up 10 to 20 percent for nority leader in the House, and Senate the most cost. I doubt if there is any hard-working people and there is a de- Democrats have objected to this pro- Governor in the country who would say bate about why that happened, I want posal, and the rationale is abortion. that this is a bad idea. somebody to play this tape, because we The language that is in law is exactly Senator NELSON thinks it is a good have 24 hours to stop that. the same language that would apply to idea. Our most conservative Members Every expert who has looked at this this legislation. The Stupak language in the House think it is a good idea. We says the following: If you do Alex- applying to the Affordable Care Act, have taken Alexander-Murray and ander-Murray-Collins-Nelson, you will dealing with Federal funds and abor- added a third component that I think prevent a premium increase of 10 to 20 tion, is still the law of the land. But is an excellent idea. When you combine percent, and you will lower premiums under the omnibus approach, we are the three things, you can lower the in the next couple of years by up to 40 going to run the subsidies through the cost by 40 percent for that self-insured percent. I don’t know what the day is. Labor-HHS bill, where Hyde protection It is some day in March, but I have lost person who makes over $45,000 and would apply—no more, no less than any lower their premiums by 40 percent by track of what day it is. Yet I am here other Federal dollar dealing with to say, when that debate comes about October. healthcare. It matters a lot to the people de- in October, I want you to play this Senator ALEXANDER has done a very tape. We had a chance today to fix this scribed, and there are millions of these good service to the body. In the bill people who will not get a 40-percent re- problem, and the only reason we are that we will vote on soon, there are not going to do it is due to our Demo- duction. They are going to get a 10-per- over 100 applications of the Hyde lan- cent or a 20-percent increase, and al- cratic colleagues’ decision to play poli- guage to healthcare spending at the tics with this issue rather than to solve ready they are paying about 25 to 30 Federal level. Apparently, these dollars percent of their income just for the problem. don’t make the cut. Why? They know The President of the United States is healthcare. It is mind-boggling that we that if we don’t get this relief in for this. The majority leader of the are where we are. March, in October premiums are going U.S. Senate is for this. The Speaker of I will just add this and turn it over to to go up, and they are literally making the House is for this. Every Republican Senator ROUNDS. How did we get here? up a phony excuse based on Hyde pro- leader is for this. The Senators on the I think the desire to control the House tections. The reason I know it is phony floor who work with Democrats are for and take back the Senate is over- is that, if they really believe what they this. We are urging our colleagues, be- whelmingly good policy. Somebody on are saying about Hyde language, they fore it is too late, to change their the other side believes that if we can wouldn’t vote for this bill at all be- minds and get this into an omnibus in block this proposal—the Collins-Nel- cause every other Federal dollar runs a fashion so as to lower premiums, not son-proposal, the Alexander-Murray through the same system we are pro- to sit on the sidelines and watch them proposal—if we can keep that from be- posing this go through. If you really go up. So, when the debate happens in coming law, these premium increases cared about the abortion issue the way October, play this tape. that are surely to come will fall upon you claim, you could not support this I yield the floor. the Republican Party and will give us bill or any other piece of legislation The PRESIDING OFFICER. The Sen- yet another tool to take back the that has been around since 1976. ator from South Dakota. House and regain the majority in the Clearly, the Hyde problem is not Mr. ROUNDS. Mr. President, first of Senate. The reason I say that is be- much of a problem when it comes to all, let me offer my thanks to Senator cause I have come to believe that there every other Federal healthcare dollar. ALEXANDER and Senator COLLINS, and is no other explanation, and that is It is only a problem here. The only rea- let me add my support for what Sen- sad. That to me is a real dropping of son it is a problem here is that you ator GRAHAM has just indicated in the Democratic Party in terms of the don’t want us, as Republicans, working terms of the importance of this par- role they play around here. with you to fix a problem that needs to ticular amendment to the omnibus bill. We work together where we can. be fixed because you are thinking of Look, I am a pro-life Republican. By Sometimes we are wrong; sometimes October in terms of your political fu- allowing the Hyde amendment to pre- they are right. Sometimes it is the ture. You are not thinking of October vail in this particular case, as it does other way around. But this is the one in terms of people. with all of the other funding that we occasion where we seem to have been Here is what I hope happens to you. I send back to the States so that it can- right up until now. hope you lose votes. We have our prob- not be used to fund abortions—and that

VerDate Sep 11 2014 03:26 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.036 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1908 CONGRESSIONAL RECORD — SENATE March 22, 2018 is what this is all about—it allows us people to share and to spread that risk. Ms. COLLINS. Mr. President, I ask to still continue to provide, with clear When you do that, you make that mar- unanimous consent that I be permitted consciences, the dollars necessary to ket more stable, and you start to in- to speak for up to 30 minutes. provide healthcare for individuals who vite carriers to step back into the mar- The PRESIDING OFFICER. Without otherwise may not get it. ket. That is what this is all about. objection, it is so ordered. This particular proposal allows for I am not going to try to assign the Ms. COLLINS. Mr. President, we States to, once again, take charge of intention of our colleagues who are on have the opportunity today to take im- part of the healthcare that we want to the other side of the aisle. I am a prag- mediate action to lower the cost of see delivered at the local level. By tak- matist. I really do believe that we have health insurance by as much as 40 per- ing section 1332 and expanding what some very sincere colleagues on the cent and to increase the affordability States can do, we actually provide other side of the aisle who understand of insurance for millions of Americans more local control, which is a conserv- how important this is. who purchase plans in the individual ative approach. It is also one more op- What I would invite is this: I am a market. portunity to reduce the impact of what conservative Republican. I want to see I commend Senator ALEXANDER, the many of us have said was a mistake this move forward. I think, for the chairman of the Senate Health, Edu- with ObamaCare in the first place. good of the American people, this is cation, Labor, and Pensions Com- For conservatives, a lot of us cam- the right move to make. I would ask mittee, for his extraordinary leader- paigned on the fact that we wanted to our colleagues on the other side of the ship and hard work in this area. repeal and replace ObamaCare. To re- aisle to consider the good this would do I am also very pleased with the work peal it and replace it, you have to have for people across this entire country that has been done by Representative 60 votes here. In this particular case, and to find a way to work through this GREG WALDEN, the chairman of the what we have said is: Let’s take those process in such a fashion that they House Energy and Commerce Com- parts that are the most onerous and could comfortably come forward and mittee, and Representative COSTELLO. those parts that are adding to the cost help us to get this to the finish line. We have come together, along with a of healthcare and take those out, but If we can do this, we will make substantial number of our colleagues, let’s provide and continue to provide things better not just for those 3.2 mil- including Senators GRAHAM, ROUNDS, the protections that some people feel lion Americans who would be able to ISAKSON, and MURKOWSKI, among many ObamaCare was responsible for, such as qualify for insurance once again and be others, on this very important insur- guaranteed renewable products, which able to pay for it, but we honestly be- ance stabilization and rate reduction were included in South Dakota’s law lieve—and it is the Congressional package. before ObamaCare ever came along, Budget Office that has suggested this— Let me begin by outlining the major and the opportunity for everybody to that somewhere between 20 percent of provisions of what it is that we are pro- apply for a policy and to be accepted the premiums they would otherwise posing, because there has been, unfor- one way or another. pay would solidly be reduced. In some tunately, a lot of misunderstanding This particular piece of legislation cases, according to healthcare profes- and, dare I say, misinformation. allows for, perhaps, as many as 3.2 mil- sionals in the private market—these First, our legislation, based on the lion Americans to actually be able to are the people who actually suggest Alexander-Murray bill, would fund the afford the policies that, today, they and work with the insurance compa- cost-sharing reduction subsidies for 3 nies—as much as 40 percent of that can’t afford. I believe Senator ALEX- years. These are vital for Americans total cost could be reduced. ANDER used the example of someone who have incomes that are below 250 This is not a partisan issue. This is a who is making $60,000 a year and has a percent of the poverty level. CSRs pro- matter of trying to actually make an bill of $20,000 for his healthcare. The re- vide government assistance to help impact on the lives of real Americans ality is that that person is not buying them pay for their deductibles and who need our help. Remember that the healthcare. So let’s allow those folks their copays. American people did not ask for the opportunity to have a reduction in Second, our proposal also improves ObamaCare, but they are the ones who the premiums that they otherwise the ability of the States to take fur- are suffering because of the premium could not afford to pay. ther steps to lower insurance premiums increases that have been caused by this This allows for the States, on a very for their citizens. We provide meaning- law in the first place. responsible basis, to do what Senator What we are trying to do in what is, ful flexibility for States by revising COLLINS , as a former insurance com- hopefully, an acceptable fashion is to section 1332 of the Affordable Care Act, missioner, understands so clearly. find colleagues on the other side of the which authorizes State innovation What we have done with ObamaCare is aisle who will once again join us in this waivers. Third, based on a bill that I authored to force individuals who have no place legislation that they had previously with Senator BILL NELSON, our pro- else to go into what we call the indi- supported—for them to find a way to posal provides a total of $30 billion over vidual market. When we force all—or step forward—and actually help fix a 3 years for States to have reinsurance, the vast majority—of the individuals problem for real Americans. who have health problems into the in- Once again, I thank the Senator from or invisible high-risk pools, by apply- dividual market to get coverage, it ar- Tennessee for all of the hard work he ing for a waiver under the section 1332 tificially drives up the cost of that in- has done. As a former Governor, he un- program I just mentioned. dividual policy. That individual mar- derstands that, once in a while, you As I know the Presiding Officer well ket makes up 6 percent of the total reach across the aisle, and you find knows, reinsurance is a proven method number of the people who are covered, ways to get things done. In the Senate, for dealing with high-risk, expensive but that 6 percent of the premium it requires 60 votes to make this hap- claims. It reduces uncertainty and has going in picks up an unfairly large pen. benefits not only for those who have number of individuals who have no I thank Senator COLLINS for her preexisting conditions and need expen- place else to go to get insurance. That work. She is a former insurance com- sive healthcare but for the entire indi- drives the cost of the premiums up for missioner. She gets it. She understands vidual market, and it has been proven those individuals and makes it, in it. to work in States like Maine and Alas- many cases, more costly than they We want to find the common ground ka. could ever afford. that it takes to actually fix a problem We have also included $500 million to With a reinsurance provision for the for the American people. This is not assist States with the planning of the States, it allows for a State to say: and should not be a partisan issue—fix- designs of their own reinsurance, or in- Look, issue the policies, but then allow ing a problem that we all agree exists visible high-risk pools. In the House, us to expand the base over which we today. the Costello bill also had a Federal spread those losses. Let those States do I thank the Presiding Officer. fallback in recognizing that we were that. This worked successfully before I yield the floor. late in the year and that we wanted to ObamaCare was ever a bad dream. This The PRESIDING OFFICER. The Sen- provide help immediately, which we allows for us to take a larger base of ator from Maine. have included for 2019, to give States

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.037 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1909 time to apply for waivers under section pared to what people will otherwise they have much higher deductibles and 1332. pay if Congress fails to act. According copays. Based on publicly available What does our bill not do? to Oliver Wyman, it would also expand data pulled from the exchanges, I am Our proposal does not change the Af- coverage to an additional 3.2 million going to describe an example illus- fordable Care Act’s essential benefit re- Americans. trating that individuals with free quirements. It does not change the I want to touch on a complicated but bronze plans will face much steeper guarantee that an individual will be important issue that some of my col- costs when they try to access care than able to buy insurance. It does not leagues on the other side of the aisle if they paid the small premium for the change the protections for people with have raised as a reason not to pass this silver plan. preexisting conditions. Yet it ensures bill. There have been two reasons. One Let’s take the example of Chris and that the Federal funding directly bene- is the application of the Hyde amend- Caroline, ages 34 and 32, who live in fits consumers and not insurance comment, which has been law for decades, Portland, ME. They bought coverage panies. which I will talk about subsequently, on the exchange for themselves and In considering this plan, Congress but the first has to do with what is re- their two young children for 2018. They faces a fundamental question: Do we ferred to as silver-loading and zero-pre- make about $34,500 a year, which is want to take action to significantly re- mium bronze plans. about 140 percent of the Federal pov- duce the cost of health insurance for First a little background. The Afford- erty level. They saw that they could millions of Americans or are we just able Care Act was designed to provide get a ‘‘free’’ bronze plan, or they could going to sit back, say no, and let this two key subsidies for enrollees who choose to buy the cheapest silver plan opportunity pass us by? purchased coverage on the exchange for $54.83 a month. They chose the free Time is short. If Congress fails to and qualified from an income stand- bronze plan, not realizing that the sil- act, insurance rates in the individual point. The first are premium tax cred- ver plan would have given them access market will skyrocket this fall. This its to help cover the cost of premiums to subsidies, which provide lower will directly harm the 9 million Ameri- for individuals earning between 100 and deductibles and copays to low-income cans who pay for their own insurance 400 percent of the Federal poverty people. If Caroline gets pregnant this without government or employer as- level. The second are cost-sharing sub- year and they are under the free bronze sistance. That is, for example, the fish- sidies, or CSRs, to help cover the cost plan, they are going to have to pay out erman in my State who is self-em- of deductibles and copays and other of pocket $7,350—and they make $34,500 ployed, the electrician, the plumber, out-of-pocket expenses for individuals a year. Had they picked the least ex- the carpenter—there are so many—the who are very low-income—earning be- pensive silver plan, they would have hair stylist. They are already paying tween 100 and 250 percent of the Fed- had to pay $500. far too much for their healthcare costs. eral poverty level. Consider a hypothetical couple in Despite the fact that Congress never Well, all of them will be facing another their early thirties, Jacob and Emma, appropriated the funds to pay for the double-digit premium increase if they with two young children, living in Se- cost-sharing reductions, the Obama ad- are to be insured, and rates can only be attle, WA. They are making just under ministration paid them anyway. The expected to continue to climb. $35,000 a year. When they went shop- House sued to block this strategy and Healthcare premiums are already too ping for coverage on the exchange, won in Federal district court. expensive under the Affordable Care Lacking an appropriation from Con- they, too, saw that they could get a Act. That is one of the problems with gress, President Trump stopped mak- free bronze plan, or they could buy the the Affordable Care Act that I have ing these payments last year. That least expensive silver plan for about $84 been committed to fixing. Last year, concerned many of us, but let me make a month. Jacob and Emma chose the the average price of the Affordable clear—he was following the court’s de- free bronze plan, which doesn’t come Care Act silver plans, which are the cision. In response, insurance compa- with the subsidies included in the sil- most popular plans, increased on aver- nies came up with the silver-loading ver plan to help low-income families age by 34 percent. A growing number of strategy, under which they increased with deductibles and copays. If some- counties in our country are at risk of the price of their silver plans to com- one in this young family faces a serious having no insurers or only one insurer, pensate for the cost-sharing reduction illness this year, the silver plan in leaving hard-working individuals with payments they were no longer receiv- Washington State would have capped few or no choices for health insurance ing. In essence, insurers have created Emma and Jacob’s additional expenses coverage. Inaction will only exacerbate silver plans that mimic CSRs for low- at $660. Unfortunately, they have the the premium spikes and the market in- income enrollees. Because the ACA’s so-called free bronze plan that some of stability we have already experienced. tax credits are tied to the silver plan my colleagues have been touting. They When our country is confronted with premium, the tax credits ballooned in would face up to $7,210 in out-of-pocket such a serious problem—I mean, what size, producing credits so large that expenses—hardly an affordable option is more important to people than they are often sufficient to fully cover for this low-income family. healthcare?—Americans expect us to the premiums on the bronze plans for It used to be well understood by the come together. They expect us to work lower income enrollees and, by the affordability advocates in and out of constructively. They expect us to pro- way, greatly increased the cost to Fed- the Senate that low-income Americans vide real relief from the rising cost of eral taxpayers, which is why the bill struggled to meet deductibles and out- health insurance, which makes health we put together, by right-sizing the of-pocket expenses. Just 1 year ago insurance unaffordable for far too market and avoiding the games that today, the Kaiser Family Foundation many Americans, and that is precisely were played, actually pays for itself. issued a report arguing against the what our plan would do. We all remember the old saying that House reform bill because it did not Let me be crystal clear. Our proposal ‘‘if something sounds too good to be contain CSRs, noting that ‘‘cost-shar- is the last opportunity—the last oppor- true, it probably is.’’ Well, free bronze ing reductions are a key part of the fi- tunity—to prevent these rate increases plans for low-income individuals nancial support currently provided to that will go into effect, which will be sounded too good to be true, and they [low-income] enrollees’’ and that with- announced on October 1. Our package are. I hope my colleagues on the other out such support, deductibles ‘‘are will help to stabilize the insurance side of the aisle are listening to this often out of reach for people with lower markets and make them more competi- explanation. The fact is that free and modest income.’’ tive. bronze plans are only a good deal for A prior Kaiser Family Foundation re- Every study has shown that our bill low-income Americans who never get port from 2015 showed that only 1 in 10 would make health insurance more af- sick, who never get hurt, who never individuals earning between 100 and 250 fordable. According to the leading need to use their insurance. If they do, percent of the Federal poverty level— healthcare experts at Oliver Wyman, they will pay hundreds or even thou- those are the individuals who would be our bill would lower individual health sands of dollars more out of pocket. eligible for CSRs under our bill—has insurance premiums in the individual While these plans might have lower savings or other assets large enough to market by as much as 40 percent com- monthly payments or even be free, cover a $6,000 deductible. In other

VerDate Sep 11 2014 01:32 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.038 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1910 CONGRESSIONAL RECORD — SENATE March 22, 2018 words, without CSRs, 90 percent of most because of the application of the NATIONAL ASSOCIATION OF INSUR- these individuals will have to wipe out Hyde amendment. Let me say, they ANCE COMMISSIONERS & THE CEN- TER FOR INSURANCE POLICY AND their savings to cover their medical excite the Stupak amendment, which is penses before they even meet their de- RESEARCH, section 1303 of the Affordable Care Act. March 21, 2018. ductible. Those who can’t meet their We leave that in place, we don’t touch Hon. LAMAR ALEXANDER, deductible won’t get reimbursed. For it, and we do not change the Hyde Chair, Health, Education, Labor, and Pensions these Americans, a zero-premium plan amendment’s exemptions found in sec- Committee, U.S. Senate, Washington, DC. will really mean a zero-benefit plan. Hon. PATTY MURRAY, I cannot believe that silver-loading tion 507, which allow private entities, Ranking Member, Health, Education, Labor, and free bronze plans is a credible long- State governments, or individuals to and Pensions Committee, U.S. Senate, term strategy. First, I would note, in use their own funds to provide coverage Washington, DC. addition to the examples I have given, for abortion. In other words, this is Hon. SUSAN COLLINS, nothing radical or new, and it is baf- U.S. Senate, Washington, DC. that CBO assessments from last year DEAR CHAIRMAN ALEXANDER, RANKING were that the silver-loading strategy fling and gravely disappointing that MEMBER MURRAY, AND SENATOR COLLINS: would cost the Federal taxpayers $194 this should be used to block this pack- Members of the National Association of In- billion over the budget window. Sec- age. surance Commissioners (NAIC) continue to ond, because low-income individuals urge congressional support for health insur- Dozens of healthcare consumer and will struggle to meet their deductibles, ance market stabilization reforms and ap- they will be unable to secure reim- business groups, as well as the Na- plaud the Senate leaders who have worked bursement of expenses. Sooner or later, tional Association of Insurance Com- across the political aisle to advance them. If Congress does not act to stabilize health in- taxpayers are going to be asking why missioners—those State commissioners whose job it is to look out for con- surance markets, continued uncertainty re- they are paying nearly $200 billion garding federal funding, the health of the more to subsidize policies that deliver sumers—have called upon Congress to risk pool, and regulatory requirements will such poor benefits. take action to lower premiums for mil- result in even higher premiums and, pos- To be clear, the amendment we are lions of Americans and their families. sibly, fewer carriers participating on the ex- offering prevents this strategy, pro- These groups include the American change—perhaps even bare counties. This is why commissioners from across the tecting lower and modest-income en- Hospital Association, Blue Cross Blue rollees, low-income families and indi- political spectrum have contacted their con- Shield, the U.S. Chamber of Commerce, gressional delegations, testified before House viduals and the taxpayers. the American Medical Association, the and Senate committees, and urged federal Now, let me discuss the Hyde amend- American Cancer Society, the Amer- policymakers to take immediate action to ment. I am disappointed, to say the ican Academy of Family Physicians, stabilize the health insurance markets. least, that Democrats, who ought to Specifically, state regulators support mar- have embraced this proposal, have in- the Federation of American Hospitals, ket stabilization reforms that would: stead rejected it because its funding is and there are a wide range of groups Provide federal funding for reinsurance subject to the Hyde amendment. As a representing people with diseases, such programs to address the deteriorating risk as arthritis, cancer, epilepsy. The pools; pro-choice Republican, I must say this Fully fund cost-sharing reduction (CSR) puzzles me. The Hyde amendment has United Way has called for action, the payments that are owed to insurance car- prohibited the use of taxpayer dollars Cystic Fibrosis Foundation, the Amer- riers that provide low-cost sharing plans to to pay for elective abortions for more ican Lung Association. Just yesterday, lower-income enrollees; and, than 40 years. It is not new policy. The the National Association of Insurance Make the Section 1332 waiver process more entire Labor-HHS title of the omnibus streamlined and predictable for states. Commissioners put out a new letter in These concepts have received bipartisan before us today is subject to the Hyde support of market stabilization. support and, contrary to some rhetoric, are amendment. Mr. President, I ask unanimous con- in no way a ‘‘bailout’’ of the insurance indus- There are variations of the Hyde try. They directly benefit consumers and amendment in other titles of the omni- sent that these three letters be printed help stabilize the risk pool. CSR payments bus spending bill. It applies to a long in the RECORD at the conclusion of my reimburse carriers for providing a lower cost list of Federal programs, including remarks. version of their Silver plans to eligible con- Medicare, Medicaid, CHIP, TRICARE, Mr. President, how incredibly dis- sumers, and establishing reinsurance funding Veterans Affairs, Indian Health Serv- acknowledges that the risk pools in many appointing it would be if some Mem- states are much sicker than anticipated and ice, the Peace Corps, the Bureau of bers derailed this serious effort to re- help is needed to backstop markets that Prisons, Immigration and Customs En- duce the cost of health insurance for might otherwise cease to exist in some coun- forcement. I have heard it said that it millions of Americans. While Members ties. Section 1332 waiver flexibility will pro- doesn’t apply to commercial insurance may disagree with certain provisions, vide states clearer guidance and quicker ac- that is offered by the Federal Govern- tion to address their market realities, while ment—that is just not true. It applies the time has come for each and every preserving guardrails to protect consumers. to the Federal Employees Health Bene- Senator to decide: Are you for lower And finally, the Senate rightly acknowledges fits Program, through which 8.3 million rates and more affordable coverage for that ‘‘sales across state lines’’ are best left the 18 million Americans who get their to the states in the form of interstate com- employees, retirees, and their families pacts. get their health insurance coverage. I insurance from the individual market As insurance commissioners, we attempt have not seen my Democratic friends or are you content to just sit back and to assess these reforms with an apolitical make any effort to change the applica- let their insurance rates soar once perspective, but we recognize that the polit- bility of Hyde to that insurance pro- again this fall, making health insur- ical process in Washington does not always gram. ance even less affordable than it al- allow for a perfect result. What is clear, however, is that without these reforms markets Together, these programs account for ready is? more than $1 trillion in government across the country will continue to deterio- rate, and consumers will pay the price for spending each year—all of which is cov- In my view, the answer is clear and obvious. We must not lose sight of our this inaction. We applaud Senators who have ered by the Hyde amendment. That is worked to advance these reforms and we 100 times the amount of reinsurance we goal, and that is making health insur- urge all Members of Congress to support are proposing in our amendment. A ance more affordable for millions of them and stabilize health insurance markets trillion dollars of Federal healthcare Americans. Including our insurance for our nation’s consumers. funding is already covered by the Hyde package in the omnibus funding bill is Sincerely, amendment, which has been policy for the right thing to do, and it is urgent JULIE MIX MCPEAK, 40 years. So how is this, in any way, a NAIC President, Com- that we do it now. missioner, Tennessee radical departure from current policy? Thank you. Department of Com- I find it frustrating that some on the merce & Insurance. There being no objection, the mate- other side of the aisle are choosing to RAYMOND G. FARMER, block this important package that will rial was ordered to be printed in the NAIC Vice President, provide relief to those who need it RECORD, as follows: Director, South

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.039 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1911 Carolina Depart- tion to lower healthcare premiums. Time is oped in four hearings, in which more ment of Insurance. running out. than half the Senate participated, In the next few weeks, health insurance ERIC A. CIOPPA, which at one point the Democratic NAIC President-Elect, providers will begin to file premium rates for Superintendent, 2019 in the individual market. In October, in- leader said every single Democrat Maine Bureau of In- dividuals and families who buy their own would vote for. It takes an existing surance. coverage will review their options, see their part of the Affordable Care Act and GORDON I. ITO, premiums, and make their choices. Without makes it work—that is the innovation NAIC Secretary-Treas- Congressional action now, the plans offered waiver—gives States more flexibility urer, Commissioner, to Americans will be nearly 30 percent more to create more choices and lower cost Insurance Division, expensive than they would be otherwise. Congress is working on an omnibus appro- choices without changing the essential Hawaii Department priations bill that it must act on by March health benefits, without changing the of Commerce and 23. As providers of health care and coverage Consumer Affairs. guarantee for preexisting conditions. It to hundreds of millions of Americans, we is really a modest change, but it is a urge you to ensure that bill includes ele- CONGRESS MUST ACT NOW TO PREVENT PRE- significant change. Then it has 3 years MIUM SPIKES AND COVERAGE LOSSES FOR ments that will reduce premiums, improve affordability, and improve the individual of cost-sharing subsidies—remember, MILLIONS OF AMERICANS, SAY 20 PATIENT the President said he did not want to AND CONSUMER GROUPS market for 2019 and beyond: Establish a premium reduction/reinsurance pay those, but he supports this—and WASHINGTON, D.C., Mar. 13, 2018.—20 pa- program to help cover the costs of people then 3 years of reinsurance so we can tient and consumer groups issued the fol- with significant health care needs. lowing statement urging Congress to include Provide multi-year funding for cost-shar- help the sickest people who are in the legislation in the forthcoming omnibus ing reduction (CSR) benefits. individual market, take them out, pay spending bill to steady the health insurance According to independent analyses by their needs, and reduce rates for every- market: Avalere Health and Oliver Wyman, enacting body else. These are the best Repub- ‘‘Congressional leaders must include provi- both legislative provisions could lower pre- lican and Democratic ideas that have sions to stabilize the health insurance mar- miums by up to 21% in 2019 and increase en- ket in the March 23rd omnibus government rollment and expand coverage to over 1.5 been put together in a package and, as funding bill to prevent millions of Americans million Americans. By 2020, premiums could Senator COLLINS has said, virtually ev- from losing health insurance coverage. In be 40% lower with an additional 2.1 million eryone who has looked at this—start- the coming months, insurers will set plan Americans enrolled and covered. Moreover, ing with the Oliver Wyman Health con- rates for 2019 and a shaky marketplace will this legislation will help physicians and hos- sultants who say it reduces rates up to likely result in premium spikes—putting pitals better serve the health care needs of 40 percent, the Congressional Budget health insurance out of reach for many pa- patients in their community and lower costs Office says 20. That is thousands of dol- tients and families. for businesses that provide coverage to their Several bipartisan proposals under consid- employees. lars. eration could preserve and even expand ac- Time is running short. We urge you to de- If you are paying $20,000 for your in- cess to affordable health insurance for mid- liver on the promise to reduce premiums for surance, if we do nothing, you might be dle class families. They include cost-sharing millions of Americans and their families. paying $24,000. If we do this, you might reduction policies that could improve afford- Sincerely, ability for low-income Americans and the AMERICA’S HEALTH be paying $16,000. That is a lot of creation of a reinsurance program to help INSURANCE PLANS; money. If we do this, you might be pay- keep premiums stable for those with pre-ex- AMERICAN ACADEMY OF ing $12,000. That is thousands of dollars isting conditions. We urge Congress to move FAMILY PHYSICIANS; less. That is a big tax cut for you, and swiftly, so that plans on state exchanges can AMERICAN BENEFITS it is a big tax increase. Why are we not stabilize, and perhaps lower, premiums for COUNCIL; doing this? the millions of Americans who will turn to AMERICAN HOSPITAL the marketplace for coverage next year. ASSOCIATION; Let’s not kid ourselves. There is a lot Both parties in Congress have pledged to AMERICAN MEDICAL of scrambling and embarrassed running protect people with pre-existing conditions, ASSOCIATION; around over on the other side of the but recent regulatory actions taken by the BLUE CROSS BLUE SHIELD aisle to come up with an excuse for Trump administration to expand association ASSOCIATION; and short-term health plans could undermine this, but let’s be honest about it. The FEDERATION OF AMERICAN existing protections. Democrats are blocking this for one HOSPITALS; Recent data indicates that the number of U.S. CHAMBER OF reason. They have convinced them- Americans who are uninsured is on the rise COMMERCE. selves they do not want to apply to the again for the first time since 2008. At the end health insurance rate reduction in the of 2017, 12.2 percent of U.S. adults lacked The PRESIDING OFFICER. The Sen- health insurance—up from 10.9 percent at the ator from Tennessee. omnibus bill the same law that applies end of 2016, an increase of 3.2 million people. Mr. ALEXANDER. Mr. President, I to more than 100 other programs in this Quality insurance coverage improves pa- want to thank the Senator from Maine omnibus bill. So every single Democrat tient outcomes and allows Americans to stay for her lucid and heartfelt description over here who says: I can’t vote for a healthy and remain financially secure. The of what is before us. She has been an 40-percent rate reduction for you, Mr. vulnerable communities we represent simply exceptional leader, and she continues Plumber or Ms. Hairstylist or Ms. cannot afford to lose access to health insurance that protects their livelihood and to be. She looks for ways to get results. Farmer. I can’t do that because I can’t wellbeing.’’ She sees people—the plumber I put the Hyde amendment on it, but I American Cancer Society Cancer Action talked about making $60,000, the styl- am going to vote to put the Hyde Network; American Heart Association; ist, a farmer—the person who is work- amendment on the National Institutes American Lung Association; Arthritis ing and paying all of his or her insur- of Health, I am going to vote to put the Foundation; Autism Speaks; Crohn’s & ance with no subsidy help and who sees Hyde amendment on community health Colitis Foundation; Cystic Fibrosis the real prospect coming that when the centers, I am going to vote today to Foundation; Epilepsy Foundation; rates are announced October 1, they Family Voices; Futures Without Vio- put it on Federal employee health ben- may not be able to afford any insur- efits and family planning grants under lence. ance, and they can see we have a solu- Leukemia & Lymphoma Society; Lu- title X and 100 other programs Demo- tion for that. crats are going to vote to put the Hyde theran Services in America; March of Now, this isn’t a Republican solution Dimes; National Alliance on Mental language on—yet they say we can’t put or a Democratic solution. This is a so- Illness; National Health Council; Na- the same language on a 40-percent lution that began to be developed al- tional Multiple Sclerosis Society; Na- health insurance reduction that is most the day Republicans failed to re- tional Organization for Rare Disorders; composed of three sections of bipar- National Patient Advocate Founda- peal and replace ObamaCare. I walked tisan legislation that the Democratic tion; United Way Worldwide; Volun- across the aisle to see if we could do leader has said, at least on two-thirds teers of America. what the Democrats were asking. Let’s of it, that every single Democrat sup- fix what we have temporarily so no- DEAR LEADERS MCCONNELL AND SCHUMER, ported. Now, what is that? What is body is hurt. As we have explained this SPEAKER RYAN, AND LEADER PELOSI: Ameri- that? cans need action now. afternoon, we did that. We came together earlier this month to We have a proposal that is the origi- I mean, this should not be a partisan stress the importance of congressional ac- nal Alexander-Murray proposal, devel- issue. I am not surprised there is

VerDate Sep 11 2014 07:05 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.008 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1912 CONGRESSIONAL RECORD — SENATE March 22, 2018 scrambling and embarrassment on the 14. Childcare Community Development funded by existing user fees designated for other side of the aisle. I don’t know Block Grants these activities. 15. Community Mental Health Services how they are going to explain this to NO BAILOUT, ENDS ‘‘SILVER-LOADING’’ GIMMICK Block Grant the American people. I know a lot of 16. Substance Abuse Prevention and Treat- Funds Cost-Sharing Reduction Subsidies people in Tennessee are desperately ment Block Grant October through December of 2017, for 2018 hoping we succeed. I hear it every time 17. State Grants to Respond to the Opioid for plans that did not silver load and Basic I go home. Crisis Health Plans. Health insurance is the No. 1 concern 18. Rural Outreach Grants 19. Domestic trafficking victim’s fund Helps those who are below 250% of the pov- of the people in my State, and the most 20. Garrett Lee Smith youth suicide and erty level who receive government assist- frightening prospect is, if they can’t early intervention strategies ance to help them pay for their deductibles pay their bills, then they can’t buy in- Mr. ALEXANDER. Mr. President, I and co-pays. surance. They might get sick and have ask unanimous consent also to have All plans for 2019, 2020, and 2021. no way to take care of it. printed in the RECORD a short summary Standard Hyde Protections: Mr. President, I will ask consent to of the three-part, bipartisan proposal Includes the same Hyde protections that put into the RECORD a few items. The that will produce the 40-percent rate already apply to Medicaid, Medicare, Chil- first is a list of 20 programs that are in- decreases in the individual market, ac- dren’s Health Insurance Program, TRICARE, cluded in the omnibus bill we are like- cording to Oliver Wyman, and up to 20 Indian Health Service, Federal Employees ly to vote on today that have Hyde pro- percent, according to the Congressional Health Benefits Program, Veterans Affairs, and the Labor-HHS appropriations bill. tection. Budget Office, over the next 3 years. Clarifies that Hyde exemptions and effect on Now, remember what the Hyde pro- There being no objection, the mate- non-federal funding remain the same. tection is. It is a compromise that was rial was ordered to be printed in the Mr. ALEXANDER. Mr. President, I created in 1976 that said Federal funds RECORD, as follows: ask unanimous consent to have printed LOWER PREMIUMS, MORE STATE FLEXIBILITY, may not be used for elective abortions, in the RECORD the Oliver Wyman anal- but basically you may use any other AVOID CHAOS IN 2019, 2020 AND 2021 ysis entitled ‘‘A Proposal to Lower funds, and you may create a contract President Trump, Majority Leader McCon- ACA Premiums by More than 40% and or arrangement to do that. So that is nell, and Speaker Ryan support this proposal. Cover 3.2 Million More’’ Americans. what we do with Medicare. That is There being no objection, the material was Premium Reduction through State-based Re- what we do with Medicaid. That is ordered to be printed in the RECORD, as fol- insurance Program what we are voting today to do at the lows: Adds funding for 1332 reinsurance and in- National Institutes of Health, in the [March 12, 2018] community health centers, voting visible high risk pool programs at $10 billion a year for 2019, 2020, and 2021, with a federal A PROPOSAL TO LOWER ACA PREMIUMS BY today for the Federal Employee Health fallback in the first year. MORE THAN 40% AND COVER 3.2 MILLION MORE Benefits Program, for family planning Oliver Wyman projected premium de- (By Tammy Tomczyk, FSA, FCA, MAAA and grants, for the Indian health programs, creases and coverage increases: Kurt Giesa, FSA, MAAA) for the VA women’s health medical 2019, 2020, and 2021: 40% lower premiums in care, for global health programs, for states that receive a 1332 waiver than what In our December 9, 2017 article, we ana- lyzed the effects of a proposal the US Senate the Ryan White HIV/AIDS Program, people in the individual market would pay if Congress doesn’t act. was considering to fund cost-sharing reduc- and school-based health centers. We Will provide insurance coverage to an addition (CSR) payments and appropriate $5 bil- are voting to put the Hyde protection tional 3.2 million individuals. lion in 2019 and 2020 for states to establish re- on area health education centers, on An alternate analysis by the Congressional insurance programs to stabilize their indi- maternal and childcare block grants, Budget Office, based on real spending on vidual insurance markets. We discussed how on the National Health Service Corps, Obamacare subsidies, indicates that the pro- pass-through savings could provide reinsur- but we can’t put Hyde protection on posal would save over $9 billion over 10 ance coverage equal to roughly $15 billion in health insurance—a 40-percent rate re- years. protection for high-cost claimants, and how this protection, combined with CSR funding, duction on health insurance, a bipar- Make Section 1332 State Innovation Waivers Work would bring more people into the individual tisan proposal that has the support of More flexibility for health plan designs market and lower premiums by over 20 per- the President, the majority leader, and Example: Iowa waiver proposal cent. the Speaker. They are all willing to Example: higher co-pay opioids, lower co- More recent congressional attention is fo- put it in this bill, but you say no. You pay statins cusing on a proposal that includes an exten- say no, and there is no good reason for ‘‘Alaska for All’’ (Maine, Minnesota) sion of CSRs and a reinsurance program in that. There is no good reason whatso- State-based program to help cover costs of 2019, 2020, and 2021, funded with a $10 billion ever. the very sick 20% premium decrease for ev- appropriation in each year, with a federal eryone We are going to vote to put the Hyde fallback option available to states in 2019. Streamline approval process The federal fallback option would likely be amendment on childcare community Let Governors apply for waiver based on—and use the federal infrastructure development block grants. Cut federal waiver approval time from 180 built to administer—the Transitional Rein- I ask unanimous consent that a list days to 120 surance Program in place from 2014 through Create fast-track approval for emergency of 20 of those programs be printed in 2016. situations the RECORD, although, there are more Create fast-track approval for ‘‘copycat’’ Our healthcare microsimulation model, than 100 we will be voting on today. waivers used to understand this package’s likely ef- There being no objection, the mate- Make the waiver last longer fects on the market, assumed states would rial was ordered to be printed in the Make it harder for a waiver to be can- use federal pass-through savings under Sec- tion 1332 of the Affordable Care Act (ACA) to RECORD, as follows: celled, giving states certainty Create model waivers to help states get ap- supplement and leverage the $10 billion the 20 PROGRAMS HAVE HYDE PROTECTIONS IN THE proved faster considered legislation would authorize and OMNIBUS NEW COPPER PLAN: CATASTROPHIC INSURANCE appropriate each year. Pass-through savings 1. National Institutes of Health REGARDLESS OF AGE result from the fact that the premium subsidies available under the ACA cover the dif- 2. Community health centers INTERSTATE HEALTH INSURANCE COMPACTS 3. Federal Employee Health Benefits Pro- ference between the second lowest cost silver Consumer Notification gram plan available in a rating area and a fixed 4. Family Planning Grants under Title X Directs state insurance commissioners to percentage of a household’s income, varying 5. Indian Health Programs require short-term, limited duration insur- only by federal poverty level (FPL). Lower 6. VA women’s health medical care ance display prominently in marketing ma- premiums result directly in lower premium 7. Global health programs at the Centers terials, the contract, and application mate- subsidies, and under a Section 1332 waiver, for Disease Control and Prevention (CDC) rials a notice to inform consumers that cov- these savings from lower premiums may be 8. Ryan white HIV/AIDS Program erage and benefits differ from coverage of- used to provide additional reinsurance. 9. School based health centers fered on the exchanges. In our modeling, we are presuming that 10. Area Health Education Centers Consumer Outreach, Education, and Assist- states will take advantage of these pass- 11. Maternal and child health block grant ance through savings in 2019. In reality, states 12. National Health Service Corps Allows HHS to contract with states to con- that have not already begun working on a 13. Bureau of Prisons health programs duct outreach and enrollment activities waiver will be challenged to get a 1332 waiver

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.041 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1913 filed and approved under the current regu- having open hearings. Democrats are 8 Republicans, half from the House and latory regime in time to impact 2019 pre- coming. You are letting us all come half from the Senate—to evaluate how miums. The current regulatory regime in- without being a member of the com- we do budgeting. cludes a requirement that a state enact ena- The 1974 Congressional Budget Act bling legislation, develop an application, mittee. hold public hearings during a 30-day public Why are we not doing more of this? that we are currently operating under comment period, and submit the application This is why we don’t do more of it. We created this incredibly complicated to the US Health and Human Services (HHS). come to a result. We come up to a par- system that has not worked in a dec- HHS then undertakes a two-step review proc- tisan end that hurts people. ade. Every year we come up and try to ess that can span up to 225 days—up to 45 I yield the floor. do it again, and every year we end up days for a completeness determination fol- The PRESIDING OFFICER. The Sen- with some omnibus package, and none lowed by up to 180 days for review. But even ator from Oklahoma. of us has an amendment. None of us those states unable to get a waiver in place OMNIBUS APPROPRIATIONS BILL for 2019 would still benefit from that year’s has an opportunity to be able to see it, federal fallback program. Mr. LANKFORD. Mr. President, I read it, or go through it. It is just this: Therefore, we estimate, under the assump- wish to talk a little bit about election Here is the number. There it is. Vote tions described above, that an additional 3.2 security, but on a day like today, I for it or not. million people will be covered in the non- have to at least mention where we are We have to be able to fix that proc- group market, and the proposal would result with the giant omnibus bill that got ess. There is no long-term strategy. in premiums that are at least 40 percent dropped on us last night at about 8:30— There is no regular order. There is no lower than they would have been without the opportunity to be able to make proposal in place, across all metal levels. In about 2,300 pages of legislative text—to those states that are not able to obtain a try to deal with all of government changes. There is no plan. 1332 waiver and take advantage of pass- spending, all of discretionary spending. My hope is that by the end of the through savings for 2019, we estimate that If people don’t know what an omni- year, this bipartisan group will have premium would decline by more than 20 per- bus is, it is where we are supposed to the opportunity to be able to present a cent across all metal levels. Those estimates pass 12 individuals bills dealing with 12 different way of doing budgeting. That include an average 10 percent reduction due different topics of our spending. An is not trying to be partisan but just to to the funding of CSRs, with the remaining omnibus is when you take all 12 of be able to put a neutral process in reduction coming from the reinsurance pro- those and just do it at once. It is sup- place in which we can actually be stra- gram. As a note, our modeling reflects elimi- posed to be the exception to the rule, tegic about where we are going, be- nation of the mandate penalty, but does not but for the last 17 years, we have done cause we are accidentally stumbling consider the proposed regulation’s likely ef- some version of an omnibus. Today’s into more and more debt every single fects on association health plans or on short- vote will be the 18th. month, and it will happen again today. term, limited duration coverage. We have 2,300 pages with technical ELECTION SECURITY Mr. ALEXANDER. Mr. President, the legislative language and less than 24 Mr. President, I wish to chat with Congressional Budget Office estimate hours to be able to go through it. There this body a little bit about election se- looks at this proposal two different is no way to be able to discover what curity. Just to give a quick update, as ways, but it says that if we base it on all is in it. many of you know, the Department of real spending—that is, as if Congress There is another historic event that Homeland Security has been actively actually passed this bill—the Alex- has happened this past week, as well, engaged in trying to fix what they can ander-Murray-Collins-Nelson proposal which I think connects to this omni- on election security leading up to the that reduces insurance rates 40 percent bus. Last Friday, the Treasury Depart- 2018 time period. saves the Federal taxpayer money. In ment announced that we just crossed I have absolutely zero doubt that the other words, it doesn’t cost anything. over $21 trillion in total debt—$21 tril- Russians tried to meddle in our elec- As a U.S. Senator who came here to lion. tions in 2016. They started in 2014 try- get results, who enjoys more than any- I have had some folks who have ing to strategically plan for how they thing working across party lines to caught me and said: Now that we have were going to try to interfere in our cause that to happen—because it takes gone over $21 trillion and it looks like elections—the social media, the false 60 to get a result—who admires Sen- we could be rapidly approaching $1 tril- news, and as many different ways as ators like Senator COLLINS, who spends lion of deficit this year alone—which they can to be able to get out informa- her time doing that, I am very dis- would mean that in the next 12 to 14 tion and misinformation. They started appointed, not just for me, not just for months, we will go from $21 trillion to the process early. Quite frankly, they Senator COLLINS, who has spent hun- $22 trillion in total debt—gosh, that planned and executed well. They ex- dreds of hours on this, not just for the looks terrible. It has to be this Repub- posed a weakness in our system. Senate as an institution, but I think of lican tax plan that is causing it. Well, We are an open society that is excep- people who come up to me like Marty there will probably be some deficit tionally trusting of each other, and we at the Chick-fil-A, who said: I was pay- spending with the Republican tax plan are not used to having a foreign entity ing $300 a month, and now I am paying that went in because it will take a cou- try to reach in and try to influence us $1,300 a month. I can’t afford it; I am a ple of years for the income to be able like that. farmer. to accelerate with it, but this omnibus What the Russians exposed in 2016, I said: I have a Christmas present for alone is $300 billion of additional we should be well able to push back you. And then I thought, well, I have a spending—just this, $300 billion. against in 2018 and 2020 and not be Valentine’s present for you, and then I So we go up to over $600 billion in caught off guard again. The Russians thought maybe I could say I have an deficit spending this past year, and this reached in and scammed multiple Easter present for you, and now I can omnibus will add another $300 billion States in their election systems. They say I can’t do it because the Demo- to that. The disaster relief funding were looking at voter rolls, trying to cratic Party voted to put the Hyde pro- that was done this year was $140 billion figure out if they could get access to tection on more than 100 programs on top of that, and the interest pay- those. Now, they can’t change votes by today—as it has done every year since ment increase—just the increase—from just looking at voter registrations, but 1976—but it refused to put the Hyde last year to this year was $54 billion. if they could look at and download protection on a 40-percent rate de- It is not just some Republican tax those files, they could also change crease that was developed across party plan that made this change. This is a those files, edit names, edit addresses, lines, in long hearings that were at- very rapid acceleration in overspending and then, suddenly, when people show tended by more than half the Sen- that is happening right in front of our up to vote, they are not really reg- ators—all of them coming in and say- eyes, and the omnibus is not slowing it istered anymore or they are registered ing: Oh, this is a wonderful thing. down. It is accelerating it. We have to at a different precinct. They could cre- They came up to me and said: Chair- change how we are doing budgeting and ate chaos on election day just by going man ALEXANDER, this is so good. We the trajectory that we face. in and editing those names. They could wish the Senate would act like this There are 16 of us who have started go into the unofficial results websites more. We like the fact that you are meeting last month—8 Democrats and of secretaries of State and during the

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.007 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1914 CONGRESSIONAL RECORD — SENATE March 22, 2018 day of the election actually start put- ment, that they be able to audit their SELF-INITIATION TRADE ENFORCEMENT ACT ting up false election results or chang- results on the day of the elections. The Mr. PETERS. Mr. President, my ing algorithms and numbers, so that Federal Government should not pick home State of Michigan has the best when numbers are added, they are ac- their equipment. Those States should and most productive workers in the tually counted wrong, just to create because it is a State responsibility. But world. Michigan workers built the uncertainty in the process. So when we should incentivize them to actually American auto industry and the Amer- the actual election day comes, the un- lean in and make sure their equipment ican middle class, and they continue to official results come out, and they are is good, because at the end of the day, roll out cutting edge innovations. not reliable and everyone doubts the in a Presidential election, we are all Our farmers and agricultural pro- system itself. counting on every other State to make ducers deliver an incredible diversity Again, that doesn’t change votes, and sure their election system is good. If it of fresh products to American families it doesn’t change outcomes, but it cer- is not, it is a problem for all of us. day in and day out. Our cars, trucks, tainly destabilizes the system. We We want to make sure that there is crops, timber, furniture, and more are should be aware of that. not only streamlined communication shipped across the United States and We have multiple States—there are and that there is not only good and exported all across the globe. In America, we believe that if you not many, but there are around 10 to 12 auditable equipment, but that we actu- work hard and you play by the rules, States—that cannot audit their elec- ally give classification to individuals you will be able to support yourself and tions when Election Day comes and so that they can deal with classified in- your family and prosper. Unfortu- goes. That means that they are com- formation. That didn’t happen last nately, our Nation’s workers and busi- pletely counting on the machine to be time, and so, again, it was months be- nesses are too often facing unfair com- able to keep an accurate count. Now, fore there was any contact back and that machine is not attached to the petition from foreign competitors. forth, because the Federal Government Our businesses, which play by the internet. In fact, there is no State that wanted to notify the States of what has their election equipment attached rules and pay their workers a fair wage was happening, but no one had the for a hard day’s work, too often lose to the internet on the day of the elec- clearance to be able to get the informa- business to foreign competitors who tion, but for almost every one of them, tion. Let’s fix that. cheat. It is one thing to lose a sale to there is a software update right before DHS is in the process of fixing that, a competitor that has the right prod- the election. If any entity were to be but we would like to put in legislation uct at the right time or is better posi- able to get into any one of the third- that just remains, so that in the fu- tioned in the market—that certainly party software companies when the up- ture, we don’t lull ourselves to sleep happens—but it is another thing alto- date is done and just put a bit of soft- again. Last time, it was the Russians. gether to lose because an international ware in there that just messes with the Next time, it could be the North Kore- competitor is being subsidized by a for- machine, you would literally not know ans. Next time, it could be the Ira- eign government or deliberately dump- if that election result was reliable or nians. Next time, it could be a domes- ing goods below cost to drive American not. tic activist group that is just mad at companies out of business. This needs Did that happen last time? No. Were somebody for something, and they have to stop, and it needs to stop now. the Russians looking to try to find dif- learned the vulnerabilities that the Large companies are able to directly ferent software companies and the dif- Russians pointed out. combat these practices by hiring teams ferent makes and models of those com- In the days ahead, we need to secure of lawyers to enforce international panies that make our election ma- our system for our election. It is not a trade rules, but what about family chines? Yes, and we should take that as partisan issue. It shouldn’t be a par- farms, small auto parts suppliers, and a warning sign. Last time they were tisan issue, but it should be something other small manufacturers that don’t looking, and next time they may be we learn the lesson on. keep international trade lawyers on looking to mess with it and change it. We are quickly learning the lessons their payroll? American small busi- We should be well prepared for that. about our vulnerabilities—cyber vul- nesses, family farms, and the workers We have a piece of legislation. It is a nerabilities in our pipelines, in our who show up every morning can very straightforward piece of legisla- electric grids, in our phone systems, in outcompete anyone on this planet if tion about secure elections. Myself, internet fibers, in our election systems, they are given a level playing field. It AMY KLOBUCHAR, KAMALA HARRIS, in our banking systems, and in mul- is time to give them that level playing LINDSEY GRAHAM, and SUSAN COLLINS, tiple other areas. We should learn this field. We should be using the expertise and most of us who are all engaged in lesson and learn it well. and the strength of the Federal Gov- this one simple issue say: How do we ernment to stick up for these small stabilize our elections system? There are people who mean to do us harm. They are not necessarily going businesses and give them a fair fight. Elections are run by States and Under current law, the Commerce should be run by States. There is no to attack us bodily, but they don’t like our growing economy, they don’t like Department has the authority to start reason for us to federalize elections, their own trade investigation into but the Federal Government should our values, they don’t like our open- ness, and they want to use our open- these harmful trade practices, but they walk alongside States and say some barely ever use it. That is why I have ness against us. We can’t imagine simple things: We are going to have introduced the Self-Initiation Trade doing that to someone else. They prac- quick communication between the Enforcement Act with my colleague tice doing that to us. States and the Federal Government. So Senator BURR. if a foreign entity is trying to reach We need to put up a basic guard, and This bipartisan legislation will into your State to mess with your sys- we need to communicate to nations strengthen protections for small busi- tem, we can quickly let you know and nation-states around the world: If nesses and their workers by creating a about it, and we can help you in the you come and attack us, this is going permanent task force within the Com- process of protecting your State. to be our response, so that they clearly merce Department to support proactive The last time this occurred in 2016, it know what they are facing when they investigations into unfair trade prac- was months before the Department of come after us next time. tices by foreign competitors. This task Homeland Security was able to actu- It happened once. It will happen force will research trade data, spot ally engage with those States to let again. Let’s make sure that we are abusive, unfair trade practices, and them know that what was really hap- ready. Let’s pass this bill about safe start formal investigations. This task pening was a foreign actor and to be elections and get our elections secure force will also focus on cases impacting able to help them with their security. so that we can trust the results year small- and medium-sized businesses— We have to be faster on that. after year after year, as we have in the the exact businesses that need the sup- We want to be able to streamline past. port but may not even know how to that communication. We want to en- I yield the floor. ask for it. courage States, when they buy election The PRESIDING OFFICER. The Sen- Additionally, putting the weight of equipment or they get election equip- ator from Michigan. the Commerce Department behind

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.046 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1915 these efforts shields these businesses or if you go in and they ask—the ques- are the HIPAA laws and all the dif- from foreign retaliation. If a small tion is usually asked—are you allergic ferent concerns that people have for business is able to track international to penicillin? Then it is very much privacy, and we weren’t able to change trade data and if they are then able to highlighted, to the point that a mis- it. The Presiding Officer, being a physi- hire a legal team necessary to success- take would not be made. This was not cian, knows how hospitals work and fully prosecute their claims—and be- done. how the information is treasured and lieve me, these are two big ifs—they After Jessie’s surgery, the dis- guarded. But this was one where we could still face retaliation from foreign charging doctor said he didn’t know thought, my goodness, if there is an al- governments that could make it harder she was a recovering addict and sent lergy, if you are allergic to penicillin— for them to export after they win their her home with a prescription for 50 if I come into the hospital as a patient case. An individual cherry grower in oxycodone pills. She should never have and tell you that I am a recovering ad- northern Michigan, for example, faces been given a description for opioid dict, so please make sure that everyone nearly impossible hurdles in taking on medication in the first place, as she in this hospital knows that I have had a foreign government, but the Com- had asked when she entered the hos- an addiction and that I still have ad- merce Department can look out for pital. diction problems that I will have all these small growers across the Nation With the passage of Jessie’s Law, we my life, but I am recovering—Jessie and be their champion. have taken the critical step toward was 6 months sober, and for some rea- At a recent bipartisan trade policy saying that this will never happen son, it was not identified. meeting that I attended, I was able to again. Jessie’s Law will establish new Jessie’s legacy will live on and the speak with President Trump and Com- standards for healthcare providers to courage her parents have had to fight merce Secretary Ross about this bipar- ensure that when a patient provides in- this fight so that we all can share it tisan legislation. They both expressed formation about their opiate addiction, with the rest of the country, and their strong support, and I will con- that information is shared with their maybe save countless lives throughout tinue working with them and my col- doctors and nurses and is flagged just the country and each one of our States, leagues in Congress until this legisla- like we would flag a drug allergy. Hav- and all the parents who suffer through tion is signed into law. Michigan working this critical information will help this. ers and businesses just want a fair ensure that healthcare providers can The lives of David and Kate will be chance to compete, and I will never make medically appropriate decisions forever changed, but they have the stop fighting for them so they can com- about pain management for recovering beautiful memory of this beautiful opiate addicts. This simple step could pete fairly and so they can win. young lady, 30 years of age, Jessie I urge my colleagues to support the have saved Jessie’s life, and we owe it Grubb. Self-Initiation Trade Enforcement Act to her memory to make the change and Thank you, Mr. President. that will help small businesses and keep other families from experiencing I yield the floor. family farms all across Michigan and the same pain. I suggest the absence of a quorum. It has been over 2 years. You would all across the United States. The PRESIDING OFFICER. The have thought this would have been Mr. President, I yield the floor. clerk will call the roll. The PRESIDING OFFICER. The Sen- done within 2 weeks. It is such common The senior assistant legislative clerk ator from West Virginia. sense. I don’t think anyone realized be- proceeded to call the roll. fore that they could not or did not or JESSIE’S LAW Mr. DURBIN. Mr. President, I ask were not responsible for or were not by Mr. MANCHIN. Mr. President, after 2 unanimous consent that the order for law supposed to basically make sure years of hard work and because of the the quorum call be rescinded that every record—every transcript determination and strength of David The PRESIDING OFFICER. Without that she had in that hospital should objection, it is so ordered. and Kate Grubb of Charleston, WV, have been marked and highlighted so Jessie’s Law was finally passed by Con- DACA nobody could have missed it. Mr. DURBIN. Mr. President, we are gress and signed into law, and I thank Jessie’s story and her family’s pain in the process of considering an omni- each and every one of my colleagues are all too common in West Virginia bus budget bill. It is over 2,000 pages for their support. and throughout this Nation. In 2016, 884 long. In fairness, it includes many pro- Jessie’s Law is different from other West Virginians lost their lives due to visions of legislation that has been pieces of legislation. Jessie’s Law will overdose. We have the highest loss of worked on by many of us for months, actually save lives and prevent parents life per capita in the Nation—the high- so it isn’t a surprise package, by and from experiencing the heartbreak of est in the Nation. Every hour, five peo- losing a child. ple die from an opiate overdose. With large. There are elements in it that are Jessie Grubb’s story is known to continued support and tireless work new and that have been recently nego- many of you already, but for those of from everyone, we can beat this epi- tiated, but the underlying bill—the ap- you who haven’t heard it and for those demic once and for all. Jessie’s legacy propriations bills included in it—has of you who don’t know it, I want to go will save people’s lives and will prevent been the subject of committee hearings over some of the highlights. parents and families from dealing with and negotiations literally for months. I After years of struggling with heroin the pain and tragedy of losing a child. know that because since last year, we addiction, Jessie had been doing very David and Kate, Jessie’s parents, have been working on the Defense De- well. She had been sober for 6 months. have been determined from day one to partment appropriations, which is in- She was focusing on making a life for make sure Jessie’s death wasn’t mean- cluded in the bill. herself in Michigan and was training ingless, and I am honored to say that My reason for coming to the floor, for a marathon. She had surgery for an Jessie’s legacy will live on for a long, though, is to address an issue that is infection related to her running injury long time—long after we are gone. I not included in the omnibus bill—one and died the day after leaving the hos- talked to David and Kate today, and I that I believe should be and one that is pital. All of her hard work was ruined can’t tell you how elated they were to timely and compelling—and there is no because of a careless mistake. know that it will finally pass in a piece reason why it is not included. It relates Jessie’s death is particularly heart- of legislation we will be voting on to those young people who were breaking because it was 100 percent shortly. It is going to save a lot of brought to the United States by their preventable. Her parents, David and heartache and a lot of pain and the parents when they were infants, tod- Kate, traveled to Michigan for Jessie’s tragedy that families suffer. dlers, children, and ended up in un- surgery. Both Jesse and her parents This was a beautiful young lady, as documented status in this country. told her doctors and hospital personnel you can see. She was very intelligent, Some of them—a very small number that she was a recovering addict. It very athletic. She just happened to fall of them—may have been smuggled was reflected in her medical records in into the pits of this horrible epidemic across the border into the United eight different places. However, it was we have. States. More likely, a common situa- not highlighted the same as it would be We thought when we first heard it tion is that they came here on a visi- when you have any type of an allergy that it was just an oversight, but there tor’s visa with their parents, the visa

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.047 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1916 CONGRESSIONAL RECORD — SENATE March 22, 2018 expired, and they stayed. That ac- States for 2 years at a time and then to protection of DACA status, and their counts for almost half of those who are renew their status. During that 2 years, lives were uncertain. Some of them had currently undocumented in the United they couldn’t be deported, and they quit school. They just didn’t think States. could legally work. there was any future or hope for them. The difference is obvious. We are It was a big decision for a lot of these Some of them faced the prospect of los- talking about children who really had young people. Remember what I said ing their job when they lost DACA pro- no voice in their parents’ decision earlier—that their parents had warned tection. That was the reality. about coming to this country and who them: Don’t tell the government who So there we sat, with that March 5 literally grew up here, many times be- you are. Don’t tell them where you deadline looming—a deadline we knew lieving they were legal in the United live. They could use that information was important because that was when States. It wasn’t until later in life, against you. all protection and all renewals would usually when they were 10 or 12 years But 780,000 young people came for- end for many, many thousands of these old, that their mothers and fathers sat ward, trusting this government—trust- young people. A number of us took it down and said to them: We never filed ing that if we invited them to be a part up as a challenge, six of us—three the appropriate papers. You are un- of the United States on a renewable, Democrats and three Republicans. We documented in America. It means that temporary basis, it would not ulti- sat down for months to try to write a your life is different from the lives of mately hurt them—780,000. new DACA law—and then there was a all the other kids you go to school What did they end up doing? Most of breakthrough. with. them went to school, but going to On January 9 of this year, President These kids may be worried about school as an undocumented person in Trump called about 24 or 25 Democrats making the football team or getting an America is a different challenge. You and Republicans, House and Senate A in math, but then their parents say: don’t qualify for one penny of Federal Members, to actually come to a meet- You also have to be worried about assistance—no Pell grants, no govern- ing at the White House in the Cabinet somebody knocking on our front door ment loans—so getting through college room. It was an interesting meeting. It and deporting our family back to some under those circumstances means bor- was the fourth time I had ever spoken other country. rowing money from some other source to President Trump, and he invited me Your life in the United States could or working jobs to pay for your edu- to sit right next to him. It was a little end at any moment. Be careful. Be cation, which many of them did. surprising that a Democratic Senator Over the years, these DACA recipi- careful not to violate the law. Be care- would be allowed to do that, but he in- ents ended up graduating from school. ful to keep your head down. Whatever vited me to, and we spent an hour, with There are 20,000 of them teaching in you do, don’t tell people that you are the television coverage constant, dis- schools across America. They are the undocumented because it could subject teachers in the grade school and middle cussing this issue. The President said you and members of your family to school and high school classes, and some things that were encouraging automatic deportation. they have DACA protection. Nine hun- about what we could do to solve this That is what they grew up with. problem—a problem he had created Through no fault of their own, they dred of them volunteered to serve in our military. Think about that for a when he eliminated the DACA Pro- were brought to the United States. moment. They stood up and took an gram. They are living in this country. They He said many things during the oath to serve the United States in the are standing in classrooms in our course of that meeting. He said: ‘‘We’re military and to literally risk their schools, pledging allegiance to that going to do DACA, and then we can lives for a country that does not recog- flag every single day, yet not legal, not start immediately on . . . phase two, nize their legal status. Nine hundred of documented in the United States. They which would be comprehensive.’’ He them are in that circumstance. are undocumented. Many of them have done amazing was referring to other immigration Sixteen or seventeen years ago, I in- things in their lives. I have come to the measures. Then he said: ‘‘We do a phase troduced a bill called the DREAM Act, floor and told maybe 100, 110 stories of one, which is DACA and security, and which said that those young kids de- these Dreamers. They are amazing we do phase two, which is comprehen- serve a chance—a chance to earn their young people. They are resilient; they sive immigration.’’ way to legal status, earn their way to are talented; they are promising; they The President added that as part of citizenship. If they become part of drug are exciting. Yet they are not legal in any immigration deal, he wanted to gangs or criminal enterprises, so be the eyes of the law in America. end the diversity visa lottery—a sepa- it—they will forfeit any right to be- So we tried. We tried to make sure rate issue—and change our long- come any part of America’s future; if there was a way to protect them when standing laws that have allowed fami- not, if they are prepared to finish the new President came into office. lies to stay together and eventually be school and prepared to either continue President Trump had said very clearly reunited as Americans. He referred to their education, enlist in our military, in his campaign that immigration was this as chain migration. or get a good job, we will give them a a big issue. He said a lot of things. When the President made that offer chance. That is what the DREAM Act Some of them were inflammatory, but, to solve the problem, which he had cre- said, and for 17 years, I have been try- interestingly enough, he said several ated when he eliminated DACA, several ing to make it the law of the land, and times that Dreamers are different. of us came back to Capitol Hill and I have fallen short. These young people are different. said: We have to get this done. President Obama, when he was a Sen- He told me personally: Senator, don’t We labored quickly and made some ator here from Illinois, was my col- worry about it; we are going to take tough decisions, Democrats giving on league, and he was my cosponsor on care of those kids. I believed him. I was some issues, Republicans giving on oth- the DREAM Act. So when he became hoping he would find a way to either ers. We came up with a bipartisan President and it was clear that we embrace the Dream Act or extend bill—just what the President had asked couldn’t pass the DREAM Act in Con- DACA so that these young people for. gress, I asked him: As President, can would have their chance. We called him. It was 2 days later— you do something to help? And he did. But on September 5 of last year, January 11. I know; I made the call. I He created the DACA Program. President Trump made an announce- said: Mr. President, we have a bill. Sen- Under the DACA Program, these ment with Attorney General Sessions. ator GRAHAM, a Republican of South young people could come forward, pay He said: This is the end of DACA. This Carolina, and I, as well as four other about a $500 filing fee, and go through is the end of protection for these young Senators, have come up with a bipar- a criminal background check to make people. By March 5 of this year, 2018, tisan bill. sure they were no danger to this coun- the program will no longer exist. He He said: Bring it to the White House. try. If they passed it, they would be said to Congress: Do something about Don’t waste any time. I want to get given permission under President it. He challenged us to pass a law. this done. Obama’s Executive order—under the The March 5 deadline was looming. That was at 10 in the morning. We DACA order—to live in the United Young people were falling out of the were scheduled and went to the White

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.048 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1917 House at noon. By the time we arrived, last a week, a month, a year. There is Match Day at medical schools. It is it was pretty clear that something dra- no telling. It is a pending court case. when graduates of medical schools matic had happened in the meantime, That is the only thing that is stopping apply for their residencies. Residency, because someone in the White House the deportation of these 780,000 young of course, is a continuation of their had invited five other Members of Con- people. That is it. education, leading up to their becom- gress from the Republican Party, all of The obvious question is, Well, why ing actual practicing physicians. It is a whom opposed our effort. The meeting did you stop? If you failed to meet the huge day in each of their lives. They was pretty well stacked against us. I March 5 deadline, why didn’t the Con- have gone through college; they have will not get into the detail of the meet- gress—why didn’t the Senate, why finished medical school; and now they ing. It has been widely reported. But at didn’t the House—continue the effort wait for that letter that gives them a the end of it, President Trump rejected to try to solve this problem? Isn’t that chance to finish their medical edu- a bipartisan approach to solving this what you were elected to do, Mr. Sen- cation. problem. ator? I wanted to be there because six of It wasn’t the only time he rejected a The answer, obviously, is: Yes, we the graduates of the Loyola University bipartisan approach. Senator SCHUMER should. But we haven’t. Chicago Stritch College of Medicine and Leader PELOSI had offered him a That is why I have come to the floor were protected by DACA. They are similar approach before, saying: We today. We have this 2,000-page bill that young people who are extraordinarily can work together. It appeared they does not solve the DACA problem. We talented from all over the United had an agreement, but it evaporated in have this 2,000-page bill that addresses States. They were given a chance to go a matter of hours. every subject imaginable but doesn’t to medical school, and here they were We know, as well, that there were of- address the looming deadline we face in in a situation, waiting to see if they fers made of bipartisan approaches. America. We are one court decision could become doctors. It turned out Senator MCCAIN and Senator COONS of- away from hundreds of thousands of that because of our failure—because of fered a bill on the floor of the Senate. young people being deported. the President’s removing the DACA It was a good bill—not exactly what I What do the American people think Program and our failure to pass a re- wanted by any means, but at least it of this idea of undocumented people, placement, two of them have their solved the problem. It was vehemently here but not recognized by law? I will residencies in doubt. A residency is a rejected by the Trump administration. tell you what they think. Eighty-five job. It is a big job. You don’t just work All in all, there were six different bi- percent of the American people believe 40 hours a week. It is sometimes 60 to partisan proposals offered to President we ought to do what is right and fair 80 hours a week. It is a big under- Trump to solve the problem he had cre- for these young people. They support taking. These young people, without ated by eliminating DACA. He rejected the Dreamers, and they support giving DACA protection, cannot legally work every single one of them. DACA protection. Eighty-five per- in America and, therefore, found it He sent to the floor of the Senate a cent—60 percent of those who voted for next to impossible to find hospitals and bill offered by Senator GRASSLEY of President Trump—say that we should universities that would take them and Iowa. Senator GRASSLEY’s bill em- fix the DACA Program. allow them to complete their medical bodied the President’s approach to But we have failed again. We have education. That is the real-life con- this. Now, understand the Senate’s failed to do what the President chal- sequence of our failure to act. scorecard here. There are 51 Republican lenged us to do, as he continues to re- That is the real-life consequence of Senators and 49 Democratic Senators. ject every bipartisan proposal that has our failure to include in this omnibus So when the President called his own been brought before him—every one of bill—or any bill to this point—a solu- bill, one of our Senators, Senator them. tion to the problem created by Presi- MCCAIN, was away ill, but there were 50 I am going to be making a unani- dent Trump. That is why I am going to Republican Senators and 49 Democrats mous consent request when this is make this unanimous consent request who voted on that day. over. I think I know how it will end. that will, in fact, pass the Dream Act, How many votes did the President’s Any single Senator can object and stop solve this once and for all, and create a immigration proposal get? Thirty-nine. the protection of these DACA young law that protects these young people The President got 39 votes. It was kind people, and one is prepared to do it. It and others in similar categories—one of a shock that the President’s own is my understanding that he is going to that has been offered on a bipartisan party didn’t support the President’s demand that we instead pass the Presi- basis in the Senate and one that I be- bill—at least not all of them. dent’s immigration plan, which relieve should be passed immediately. When we offered the one I supported, ceived—remember—39 votes. Not even UNANIMOUS CONSENT REQUEST—S. 1615 the plan offered by Senator ROUNDS all of the Republican Senators sup- Mr. President, I ask unanimous con- and Senator KING, it ended up with 54 ported it. It wasn’t bipartisan in any sent that the Committee on the Judici- votes. Eight Republicans joined to have way. There are provisions in the Presi- ary be discharged from further consid- a bipartisan measure. But it wasn’t dent’s plan that are just plain wrong, eration of S. 1615 and the Senate pro- enough; 54 votes will not do it. On an and even 14 Republicans realize that ceed to its immediate consideration. I issue like this, it takes 60. So we have and voted against it. further ask consent that the bill be nothing—nothing. What that means is, So here we are at this moment, with considered read a third time and passed in the eyes of the law, for the time an important bill with many positive and the motion to reconsider be consid- being, these DACA-protected young aspects in it for all of America, includ- ered made and laid upon the table with people have no legal protection—save ing my State of Illinois. Yet there is no intervening action or debate. one other element. one critical element still missing. We The PRESIDING OFFICER. Is there While we were debating, the courts have failed to include a provision to objection? were also involved. Two different Fed- solve the DACA problem created by The Senator from North Carolina. eral courts issued an order to the President Trump. His refusal to accept Mr. TILLIS. Mr. President, reserving Trump administration and said: Stop. any bipartisan compromise leaves us the right to object, first, I thank Sen- Don’t do another thing; don’t deport emptyhanded and these poor young ator DURBIN for 17 years of work on these kids. In fact, allow them to people struggling to figure out what this issue and for highlighting the re- renew their DACA status. their lives will be. ality that there are so many people Former Senator Sessions, now the Last week, I was in the Chicago for who came here through the decisions of Attorney General, filed an emergency what I refer to as high holy days in their parents—not decisions of their effort before the U.S. Supreme Court to Chicago—the St. Patrick’s Day week- own. I, for one, believe they deserve a stop that decision, and the U.S. Su- end, with parades and parties and path to citizenship. preme Court rejected it. So now, today, breakfasts and lunches. I skipped one I felt so strongly about it that I did there at least has been a postponement of the traditional breakfasts to go out something I don’t believe any Repub- of deporting the young DACA kids. We to Loyola University’s school of medi- lican-only bill has ever done before. I don’t know if that postponement will cine. The reason I went there is called filed a bill, along with Senator

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.050 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1918 CONGRESSIONAL RECORD — SENATE March 22, 2018 LANKFORD, to do just that—to provide Grassley amendment No. 1959; and, fi- lation. Instead, Senate Republican a path to citizenship not only to the nally, I ask that the Grassley amend- leaders opted to do the exact opposite. 690,000 who had enrolled in the DACA ment be agreed to, the bill, as amend- They jammed through a terrible tax Program but to some 1.2 million. ed, be considered read a third time and bill that actually raises families’ pre- I believe we need to come up with a passed, and the motion to reconsider be miums to pay for tax cuts for massive solution to this problem, and I thank considered made and laid upon the corporations. Even after that, I and Senator DURBIN for his dogged tenacity table with no intervening action or de- Democrats were still at the table and on this issue. I believe that if we con- bate. ready to do what we could to stabilize tinue to focus on it, we will succeed. The PRESIDING OFFICER. Is there markets and lower families’ healthcare I just need to set a few facts straight. objection to the modification? costs. I know the majority leader is in the Mr. DURBIN. Reserving the right to Chamber, and I will keep my comments object, Mr. President, I thank the Sen- Imagine my frustration when, at the brief. ator from North Carolina, and I believe very last minute—just days ago—Re- I was in that January 9 meeting as he does have a genuine interest in this publicans leaders once again made well. In the January 9 meeting, we had issue. I attended several of our meet- clear that they didn’t want to lower an extraordinary meeting, and most of ings to discuss a bipartisan com- families’ premiums. They didn’t want it was on tape. But the reality is, in promise, and I hope we can continue to to stabilize a healthcare system that, the January 9 meeting, we walked do that. In the meantime, though, as one House Republican said, they away with an understanding that there what he has offered is the Grassley ap- never supported anyway. Senate Re- were four pillars on which we were proach, which was President Trump’s publicans opted, instead, to surprise going to build a bipartisan bill. The immigration approach, which limited Democrats with a new, last-minute President looked to the whips in the legal migration to the United States partisan proposal, the so-called sta- minority and the majority, and he said: and members of families who wanted to bilization bill, which included poison You guys get together, produce a bipar- be reunified, some of whom have wait- pills that Republicans knew Democrats tisan bill, and I will support it. ed 10 or 20 years to rejoin their families would never agree to. The goal was to go out and have ev- in the United States. Unfortunately, it The partisan bill that Republicans erybody get together with the diverse also included the $25 billion wall, which surprised us with would undermine ac- interests that were represented in the may be the price that has to be paid to cess to care for people with preexisting room and come up with that bipartisan spare these young DACA Dreamers, but conditions by writing President bill. We have to talk about ‘‘bipar- I object. Trump’s junk plans rule into law and tisan.’’ A bipartisan bill is not a bill The PRESIDING OFFICER. Objec- by taking away protections included in that gets just Republicans and Demo- tion is heard. our original agreement with Chairman crats on it. A bipartisan bill is a bill Is there objection to the original re- ALEXANDER to make sure that the sick- that gets up to 60—at least 60—Repub- quest? est patients don’t find themselves in a licans and Democrats on it. About a Mr. TILLIS. I object, Mr. President. dramatically more expensive market. month ago, we came to the floor and The PRESIDING OFFICER. Objec- had four bills. There was no open de- tion is heard. This partisan bill also pulled the bate. It was just an up-or-down vote. The Senator from Maine. most worn page out of the Republicans’ That is why it failed. It also failed UNANIMOUS CONSENT REQUEST—H.R. 1625 ideological playbook—making extreme, when there were supermajorities, when Ms. COLLINS. Mr. President, I ask political attacks on women’s President Obama was in place, when unanimous consent that when the Sen- healthcare. This partisan bill would not a single Republican vote was nec- ate proceeds to the consideration of the take huge steps beyond current law, essary. That is why President Obama House message to accompany H.R. 1625, making it so women can’t even buy issued the DACA Executive order. the omnibus appropriations bill, the abortion coverage using their own President Trump did not create this Collins-Alexander amendment at the money. problem. It was the inaction of Con- desk be considered and agreed to. From the start of negotiations last gress and even a Democratic-controlled The PRESIDING OFFICER. Is there fall, I made it abundantly clear I will Presidency and supermajority-con- objection? not allow women’s reproductive free- trolled Congress that couldn’t solve The Senator from Washington. doms to become a political football in this problem for whatever reason. Mrs. MURRAY. Mr. President, re- these conversations. I also made clear On the bill that we had, we had three serving the right to object, I want to that I understood, like it or not, that Democrats vote. I guess I could argue take a moment to talk about how we current prohibitions on taxpayer fund- that 39 votes were Democrats. That got to this point and why I am hopeful ing for abortion services would apply was a bipartisan bill, but it was a bill that, despite the Republican leader’s to our agreement. But that is not what that didn’t get 60 votes. decision to once again scuttle bipar- this is—not at all. I hope we will continue to work on tisan negotiations on health stabiliza- this issue so that we can provide cer- tion, we can return to the table and I think that was made pretty clear tainty to the DACA population. It is work together to do what patients and when Republicans surprised us with not too late to do it. I think about the families want; that is, to strengthen this last-minute change in a press re- Dreamers every single day. They de- healthcare and lower the premiums lease without inviting any Democrats serve a path to citizenship. The Presi- next year. to join. I believe, and I think most peo- dent deserves to be able to look the Chairman ALEXANDER had said that ple would agree, that the massive ex- American people in the face and say he in September every Democrat in the pansion of restrictions on women’s ac- secured the border and made the home- Senate was ready to pass the original cess to safe, legal abortion we see in land safer. I think we can work on Alexander-Murray legislation, and he this partisan bill has nothing to do some of the legal immigration issues is right. We wanted to work with Re- with lowering families’ premiums or that can actually get this solved. publicans to undo as much of President making healthcare work better in our Senator DURBIN, I look forward to Trump’s healthcare sabotage as pos- country. That is not something that working with you, and let this be the sible because of how it is hurting fami- was in our original deal that had bipar- Congress where we actually solve the lies and forcing them to pay more for tisan support, and it is not something problem. care. Unfortunately, Senator MCCON- that should be in this bill now. UNANIMOUS CONSENT REQUEST—H.R. 2579 NELL blocked our bipartisan agreement I am extremely disappointed that we Mr. President, at this time, I ask because he wanted to pressure his cau- have reached this point, but it does not unanimous consent that the Senator cus into supporting yet another harm- mean I am giving up on getting this modify his request and the Senate re- ful Republican repeal bill. That done. I know many Republicans have sume consideration of H.R. 2579; I fur- TrumpCare bill failed, and I was again said that this is the end of the road for ther ask that the pending amendments hopeful that after it did, we could bipartisan negotiations on healthcare, be withdrawn with the exception of the make progress on our bipartisan legis- but it is only if they choose that route.

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.051 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1919 Today I am laying out what I hope ing, which unnecessarily costs the tax- Mitch McConnell, John Cornyn, Susan Republicans and Democrats will ulti- payers tens of billions of dollars. It in- M. Collins, Lamar Alexander, Pat Rob- mately be able to agree on. This is leg- cludes Hyde amendment language that erts, Orrin G. Hatch, David Perdue, islation that includes current law pro- has been commonplace for decades, Lindsey Graham, Thom Tillis, Lisa Murkowski, Shelley Moore Capito, hibitions on taxpayer funding for abor- going back to the 1970s, preventing tax- Richard Burr, Mike Rounds, John tion—what Senate Democrats and Re- payer dollars from funding abortions. Hoeven, Rob Portman, John Boozman. publicans agreed was acceptable Apparently, that commonsense provi- MOTION TO CONCUR WITH AMENDMENT NO. 2217 months ago. It would take strong steps sion is suddenly just a bridge too far Mr. MCCONNELL. I move to concur to lower premiums and make for some of our friends across the aisle. in the House amendment to H.R. 1625, healthcare more affordable for pa- For months, my colleague from with a further amendment. tients. It would hold protections for Maine has led a bipartisan effort to The PRESIDING OFFICER. The people with preexisting conditions, as bring common sense back to Ameri- clerk will report the motion. so many Republicans and Democrats cans’ healthcare. Along with Senator The senior assistant legislative clerk have said we need to do. ALEXANDER, she has brought together read as follows: We are frustratingly close to an Senators with different viewpoints and The Senator from Kentucky [Mr. MCCON- agreement, and I still do believe we can made real progress toward fixing the NELL] moves to concur in the House amend- get there. This shouldn’t be about the glaring failures of the current system. ment to the Senate amendment to H.R. 1625, blame game. It should not be about It is especially disappointing that their with an amendment numbered 2217. pointing fingers. This has to be about efforts are being blocked precisely Mr. MCCONNELL. I ask unanimous getting results. when they stand the greatest chance of consent that the reading of the amend- I hope Republicans and Democrats helping millions of Americans. It is not ment be dispensed with. will join me in supporting the amend- entirely surprising that my colleagues The PRESIDING OFFICER. Without ment I am offering today, and even if across the aisle are happy to talk the objection, it is so ordered. they don’t, I hope we can get back to talk about lowering premiums for The amendment is as follows: the table and resume talks. I truly be- working families, but they refuse to ac- At the end add the following. lieve there are Republicans who want tually walk the walk when given a ‘‘This Act shall take effect 1 day after the to do the right thing for patients and golden opportunity. But it sure is dis- date of enactment.’’ families, even if their leadership is de- appointing. Mr. MCCONNELL. I ask for the yeas termined to avoid a real debate and Mr. President, I ask unanimous con- and nays on the motion to concur with vote on the so-called ObamaCare bail- sent that I be added as a cosponsor to amendment. out. Our work last fall showed that we the Collins-Alexander amendment. The PRESIDING OFFICER. Is there a can reach an agreement when we put The PRESIDING OFFICER. Without sufficient second? aside partisan politics and focus on objection, it is so ordered. There appears to be a sufficient sec- what is best for our families. I am f ond. ready to get back to work to get that TARGETED REWARDS FOR THE The yeas and nays were ordered. done. I object to the pending unanimous GLOBAL ERADICATION OF AMENDMENT NO. 2218 TO AMENDMENT NO. 2217 consent request. HUMAN TRAFFICKING Mr. MCCONNELL. I have a second-degree amendment at the desk. UNANIMOUS CONSENT REQUEST—H.R. 1625 Mr. MCCONNELL. Mr. President, I I ask unanimous consent that when understand that the Senate has re- The PRESIDING OFFICER. The the Senate proceeds to the consider- ceived a message from the House to ac- clerk will report. ation of the House message to accom- company H.R. 1625. The senior assistant legislative clerk pany H.R. 1625, the omnibus appropria- The PRESIDING OFFICER. The ma- read as follows: tions bill, the Murray amendment that jority leader is correct. The Senator from Kentucky [Mr. MCCON- is now at the desk be considered and Mr. MCCONNELL. I ask that the NELL] proposes an amendment numbered 2218 to amendment No. 2217. agreed to. Chair lay before the Senate the mes- The PRESIDING OFFICER. Objec- sage to accompany H.R. 1625. Mr. MCCONNELL. I ask unanimous tion is heard to the first request. The Presiding Officer laid before the consent that the reading of the amend- Is there objection to the request from Senate the following message from the ment be dispensed with. the Senator from Washington? House of Representatives: The PRESIDING OFFICER. Without Mr. MCCONNELL. I object. Resolved, That the House agree to the objection, it is so ordered. The PRESIDING OFFICER. Objec- amendment of the Senate to the bill (H.R. The amendment is as follows: tion is heard. 1625) entitled ‘‘An Act to amend the State Strike ‘‘1 day’’ and insert ‘‘2 days’’ Department Basic Authorities Act of 1956 to The Senator from Kentucky. include severe forms of trafficking in persons MOTION TO REFER WITH AMENDMENT NO. 2219 Mr. MCCONNELL. Mr. President, this within the definition of transnational orga- Mr. MCCONNELL. Mr. President, I has been a very disappointing moment. nized crime for purposes of the rewards pro- move to refer the House message on Senator COLLINS is asking to pass an gram of the Department of State, and for H.R. 1625 to the Committee on Appro- amendment that would not seem to be other purposes.’’, with an amendment. priations with instructions to report terribly controversial. As we have MOTION TO CONCUR back forthwith. heard my colleagues state this after- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The noon, the Alexander-Murray-Collins- move to concur in the House amend- clerk will report the motion. Nelson proposal would lower health in- ment to H.R. 1625. The senior assistant legislative clerk surance premiums—dramatically, in CLOTURE MOTION read as follows: some cases—for American individuals I send a cloture motion to the desk The Senator from Kentucky [Mr. MCCON- and families. This assistance would be on the motion to concur. NELL] moves to refer the House message on especially helpful to the middle-class The PRESIDING OFFICER. The clo- H.R. 1625 to the Committee on Appropria- families whom ObamaCare has hit the ture motion having been presented tions to report back forthwith with instruc- hardest. under rule XXII, the Chair directs the tions, being amendment numbered 2219. How do my colleagues propose ac- clerk to read the motion. The amendment is as follows: complishing this worthy goal? Through The senior assistant legislative clerk At the end add the following. another top-down, one-size-fits-all read as follows: ‘‘This Act shall take effect 3 days after the scheme cooked up here in Washington? date of enactment.’’ CLOTURE MOTION No, their legislation is designed to en- Mr. MCCONNELL. I ask for the yeas courage new thinking and creative pol- We, the undersigned Senators, in accord- and nays on my motion. ance with the provisions of rule XXII of the icymaking at the State level, through Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Is there a the expansion of section 1332 State in- move to bring to a close debate on the mo- sufficient second? novation waivers and high-risk pools. tion to concur in the House amendment to There appears to be a sufficient sec- It would end the practice of silver-load- the Senate amendment to H.R. 1625. ond.

VerDate Sep 11 2014 04:58 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.053 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1920 CONGRESSIONAL RECORD — SENATE March 22, 2018 The yeas and nays were ordered. Congressional Budget Office, said it guage has applied since 1976. What that AMENDMENT NO. 2220 would reduce rates by up to 20 percent. means is, the Hyde language is a com- Mr. MCCONNELL. I have an amend- That is the first point. promise. It says you may not use Fed- ment to the instructions. I understand the Democrats don’t eral funds for elective abortion, but it The PRESIDING OFFICER. The like to cut taxes, and they don’t like to makes clear that States, individuals, clerk will report. get rid of the individual mandate, churches, and nonprofits may pay for The senior assistant legislative clerk which is a tax on a lot of poor people, elective abortions. That is the com- read as follows: but they have to get over that at some promise. We counted them up. The The Senator from Kentucky [Mr. MCCON- point. If you think it raised rates, let’s Hyde language applies to more than 100 NELL] proposes an amendment numbered 2220 cut rates. We have a proposal to cut Federal programs that the Democrats to the instructions of the motion to refer rates on plumbers and songwriters who will be voting on today. H.R. 1625. pay for their own insurance by 40 per- The Democrats will be voting today Mr. MCCONNELL. I ask unanimous cent. So that is not a very good excuse on applying the Hyde language to the consent that the reading of the amend- for blocking this rate decrease. National Institutes of Health, but Sen- ment be dispensed with. The second thing is, the distin- ator MURRAY is saying they can’t apply The PRESIDING OFFICER. Without guished Senator from Washington said it to a 40-percent health insurance rate objection, it is so ordered. the Collins-Alexander proposal inter- reduction. They will be voting to apply The amendment is as follows: feres with preexisting condition. It the Hyde language to community Strike ‘‘3 days’’ and insert ‘‘4 days’’ does not. Only someone who hasn’t health centers, but she is saying, no, Mr. MCCONNELL. I ask for the yeas read the bill carefully could think they can’t apply it to a 40-percent and nays on my amendment. about that for a moment. I mean, we health insurance rate reduction. They The PRESIDING OFFICER. Is there a deliberately made sure the proposal we are going to be voting to apply it to sufficient second? would present would not disturb the es- the Federal Employees Health Benefits There appears to be a sufficient sec- sential health benefits, which most of Program—that is for all of us who get ond. us would like to do, and most of them insurance, all the Federal employees— The yeas and nays were ordered. would not. It does not change the pre- but that they can’t apply it to a health AMENDMENT NO. 2221 TO AMENDMENT NO. 2220 existing condition requirement. insurance rate reduction. We are going It does codify the proposals the Mr. MCCONNELL. Mr. President, I to apply it to Federal family planning President made on short-term insur- have a second-degree amendment at grants under title X, but for some rea- ance, at the suggestion of the Demo- the desk. son, we can’t apply the same law to a crats, who were afraid the President The PRESIDING OFFICER. The health insurance rate reduction. I can might be able to do some things. What clerk will report. go down that list, as I did earlier, but The senior assistant legislative clerk we were trying to do was limit what he I will not read the whole thing. There read as follows: could do, to say the States have the re- is the VA, global health programs, the sponsibility, and to make sure the con- Ryan White school-based health cen- The Senator from Kentucky [Mr. MCCON- sumers knew what they were buying. NELL] proposes an amendment numbered 2221 ters. to amendment No. 2220. After all, the short-term plans, which The Democrats have voted for Hyde the Democrats don’t like, can only be The amendment is as follows: protection hundreds of time. What the done if States choose to do them. They Democrats are arguing is, when they Strike ‘‘4’’ and insert ‘‘5’’ were afraid the President might do had 60 Senators here and President Mr. MCCONNELL. Mr. President, I them, so we made sure he could not. So Obama and a Speaker of the House yield the floor. that is not an issue. named PELOSI, they passed the Afford- The PRESIDING OFFICER. The Sen- The third thing is in terms of the able Care Act, and they watered down ator from Tennessee. Hyde amendment. Now, the Hyde Hyde for the purposes of the Affordable HEALTH INSURANCE amendment is a very simple amend- Care Act. They want that language. No Mr. ALEXANDER. Mr. President, the ment. Usually, when you oppose some- Republican has ever voted for that lan- Senator from Washington knows the thing, you just stand up and say: Look, guage in the Senate. The Democrats deep respect I have for her, and we this is the reason I am opposing it. You have voted hundreds of time for Hyde. have worked together on some impor- may disagree with me or you may not, How can we continue, how can we ex- tant legislation on our committee but this is my reason. pect to make any progress in fixing the when we have had differences of opin- This is the only reason the Demo- Affordable Care Act if the Democrats ion, including on the 21st Century crats are blocking this 40-percent rate will not apply the Hyde language to Cures legislation and No Child Left Be- reduction. They have said so publicly any funding under it? I don’t see any hind. Yet I have to say, with all due re- and privately. That is it. That is the prospect for it. spect, the last 7 months of working only reason. They don’t like applying I don’t like the insinuation that I with the Senator and the Democrats on the Hyde amendment to health insur- have walked away from anything. Most trying to fix the Affordable Care Act, ance in this bill. If they don’t, fine. of the Republicans are usually willing as they have asked us to do, has been That is their prerogative. I respect to work with the Democrats, and I the most frustrating time in my 16 that. I don’t question their motive, and have spent hundreds of hours. I walked years in the Senate. I don’t question their right to do it. I over to the Senator on the night we For example, she made three points. would just like for them to stand up failed on repeal and replace and said: One is that the Democrats were un- and say that is what they are doing. Let’s do something. We had long dis- happy that we had reduced taxes and Then they can explain to the American cussions. We had hearings to which repealed the individual mandate. We people what sense that makes. half the Senate came. Everybody was know they are unhappy about that, and We have been working for 7 months just cheering. It was like going to sum- we know it raised individual rates to develop this proposal that includes mer camp. Why don’t we do more of somewhat, maybe as much as 10 per- two parts. One is fundamentally the this? So we did it, and we came up with cent. OK. That was last year. So what Alexander-Murray proposal that Sen- something the Democratic leader said are we supposed to do—not work to re- ator SCHUMER said every single Demo- everybody could vote for over there. duce rates? We continue to work to re- crat would vote for, and the other part Then they got mad about the tax cut. duce rates. is 3 years of reinsurance at $10 billion OK. They can be mad but not forever, According to the Oliver Wyman ex- a year. That is it. Those are bipartisan maybe. perts, the proposal Senator COLLINS ideas. The only issue is, shall we also So we came up with a cure for that. and I have put on the floor, which is apply Hyde to it? We got a 40-percent rate reduction de- basically a combination of bipartisan What we have planned to do for the spite what we did in the tax bill. All we proposals, would reduce rates by up to last several months is to put it in this want to do is to apply to this health 40 percent, taking into account what bill that we are voting on today, the program the same health program that we did in the tax bill. The CBO, the omnibus bill, to which the Hyde lan- every Democrat who votes for this bill

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.059 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1921 will be applying to every other health really hard on these issues, and has had ance, and many others. This is not the program today. If they will not do extensive hearings and roundtables and first time, and the language actually that, how can they stand up and say discussions. The one thing we do not for the Federal Employees Health Ben- they expect to make progress on fixing have is time, and that is why the Na- efits Program is more strict than what the Affordable Care Act? I don’t know tional Association of Insurance Com- is in the bill we have proposed. So the any way to do it. missioners has urged us to act on this idea that this is some new approach is I am as willing as anybody to try to bill. just not accurate. work things out here, but I am no ma- The second is the concept that some- The Federal Government spends gician. I greatly respect the Senator how this bill has brandnew concepts in about $1 trillion on healthcare through from Washington and enjoy working it. The only thing that is new is the various programs—its share of Med- with her, but on this issue, I think we amendment that was just filed by the icaid, Medicare, VA programs, the have reached an impasse. They have Senator from Washington State. I have Children’s Health Insurance Program, yet to give us any language at all that no idea what is in that. It was not the TRICARE Program, the Federal applies to the Hyde language. All of shared with me. To my knowledge, it Employees Health Benefits Program. It their suggestions are saying: We want was not shared with the Senator from is about $1 trillion. Guess what. That is to do what we did when we had 60 Sen- Tennessee. I have no idea whether it 100 times more than the amount that is ators, a President of the United States, covers cost savings reductions that covered in this bill—100 times more. So and NANCY PELOSI as Speaker. Well, help our lowest income people pay this is not a new concept in any way. they may want to, but that is the one their copays and deductibles. I have no The reinsurance provisions and the time that ever happened, and here we idea what it does to silver-loading, cost-saving reductions have been dis- are today—with no one objecting on whereby insurers jack up the prices of cussed for months in the HELP Com- the Democratic side. silver plans in order to draw down mittee, both formally in hearings I mean, should I offer an amendment more Federal dollars. I have no idea where, by the way, there was wide- to take the Hyde language out of ap- what it does on a whole variety of spread support for them and in infor- plying to the National Institutes of issues because I have never seen it. mal roundtables and in Senator-to-Sen- Health? Why don’t they offer to take it By contrast, the language of the Col- ator discussions. out of family planning grants under lins-Alexander proposal was shared Make no mistake about the stakes title X? That should be just as offen- with the minority. Indeed, I have had here, if we do not act—and it appears, sive as applying the Hyde language to several discussions with the Senator due to the objection on the Democratic side, that we are not going to act—in- health insurance. from Washington State about the lan- I don’t understand this. They have guage, and all of the concepts in our surance rates will go up on October 1. been scrambling around all day. The bill have been debated. Hearings have That is going to hurt everybody who staff has been putting out memos. been held on them. They have been has to buy insurance who wants to be They are making up things. They are talked about extensively. They are not insured and has to buy through the individual market because they don’t get misleading, and they are misreading. new. There was a change in the rein- insurance through the workplace. That They are making excuses. There is only surance provisions, which I authored is going to hurt very low-income peo- one reason. They are blocking a 40-per- with my friend and colleague, the ple. That is also going to hurt those cent health insurance rate decrease for former State insurance commissioner who receive no government help at all the plumber who is making $60,000 and from Florida, Senator NELSON, and and do not have employer-provided in- paying $20,000 for his insurance. We that was to add a third year to the re- surance because they are self-em- could cut that $20,000 insurance to insurance. I would have thought my Democratic ployed. $12,000 over the next 3 years. That per- Why don’t we want to take advan- friends would have been thrilled with son is hurting, and the Democrats are tage of this opportunity to decrease in- that—a third year. That was at the blocking that. They will say: We will surance rates by as much as 40 percent suggestion, I would say, of Congress- apply Hyde to everything else but not over the next 2 years? to the rate decrease for that plumber. I man COSTELLO and Congressman WAL- Do you know how welcome that don’t understand it, and I don’t see any DEN in the House. would be by the people in my State of way to make any progress on it as long We also put in a Federal backstop so Maine? Maine is a low-income State. as they take that position. every State could be assured of the We don’t have Microsoft headquarters The PRESIDING OFFICER (Mr. KEN- benefits of reinsurance in the next in the State of Maine. We are a low-in- NEDY). The Senator from Maine. year, even if they had not had time to come State. We need insurance rates to Ms. COLLINS. Mr. President, I want file the application for a waiver under fall. This bill would do it. Oliver to make three points in response to the section 1332. Again, that is a concept Wyman, the well-respected healthcare objection that was raised by my friend my Democratic friends were pushing consulting firm, has verified that rates and colleague from Washington State. for us to include. It was one that I, would fall. The CBO says premiums The first is timing. frankly, had reservations about, but would be less, and Oliver Wyman says According to the Senator from Wash- that is in there. So those are two 3.2 million more people would be in- ington, we have all the time in the changes in the reinsurance that our sured. Surely—surely—this should be a world. Regrettably, that is not true. Democratic colleagues, I would think, goal we can all embrace. Starting next month, insurers are be- would be applauding because it helps to I yield the floor. ginning their calculations on what drive down rates. The PRESIDING OFFICER. The Sen- rates they are going to charge for in- Third, I hear from my Democratic ator from Washington. surance policies on the individual mar- colleagues that this is an enormous Mrs. MURRAY. Mr. President, let me ket next year. They are also making change in the application of the Hyde say to my colleague, the chairman of the decision as to whether they are amendment because it applies to com- our committee, the Senator from Ten- even going to sell in particular coun- mercial insurers. That is just not true. nessee, through the Chair, that I great- ties across this country. There is al- The Hyde amendment already applies ly respect the rapport I have with him, ready not much competition, so the to the Federal Employees Health Bene- the working ability we have shown time is urgent for us to act. Those fits Program. That is the insurance time and again through issues like rates get approved by the State insur- program for 8.3 million Americans who Cures and ESSA and all the bills we ance commissioners, and they are pub- are Federal employees, spouses, or have worked on and will continue to lished on October 1. So the idea that we family members of Federal employees, work on. I have that respect and admi- have tons of time to take care of this or retired Federal employees—8.3 mil- ration for him, and I want him to know problem is just not accurate. lion. How does the Presiding Officer I will continue to do that because I be- Indeed, as Senator ALEXANDER just think that program is administered? lieve in legislating, and I know he does said, the chairman of the HELP Com- The answer is, it is administered as well. I share that respect. mittee, the HELP Committee has spent through commercial insurers like Blue To the Senator from Maine, through months on these concepts, has worked Cross Blue Shield, United Health Insur- the Chair, I would also say I have a lot

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.061 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1922 CONGRESSIONAL RECORD — SENATE March 22, 2018 of respect for the Senator from Maine fight because we have stacked the fight 100 miles of the wall that the President and her passions and her goals on this in favor of people who are defending us. talked about at the border. as well. I say to both of them, this is an We lost the advantages we had over It provides the money to keep the issue I care about deeply. I would not the last 10 years. We clearly have not Guantanamo Bay detention facility have sat down with any one of them to funded the military at the level it open. It has the Fix NICS component, work on a bipartisan solution to the di- needed to be funded. We haven’t pro- particularly with Federal agencies. It lemma we found ourselves in through- vided the training dollars. We let the was a shock to me and others, as we out the last year as repeated decisions equipment get old. I would like to have looked into this, that so many of were made that undermine the security think I have consistently been on the the problems with reporting to the of people in terms of their ability to af- other side of that debate. background check system have been ford quality healthcare and a market- We see what happens when we lose through Federal agencies and the mili- place that was increasingly seeing un- that advantage. We lost 80 personnel tary failing to report the kinds of certainty. I believe in those goals, and this year and last year, 2017, in acci- things that clearly would be reported if I know they do as well. dents—in training accidents and other they had happened in a civilian envi- I remain committed to getting this accidents—where people are asked to ronment. Fix NICS does that, providing done. I agree timing is everything, and do too much for too many hours with- incentives for States to figure out how we have been working on this since out enough training on the kind of to make their reporting better. September. I regret the actions that equipment they are going to be using. This includes the Hatch and Klo- were taken that we were not able to We had 80 people lost in those acci- buchar safe schools language that talks put this forward in September or De- dents—four times as many people as about how to stop school violence, cember, and we are here now at this were lost in combat. We can’t continue early intervention, military mental point. to let that happen. health awareness. In my State, at I will state, as to the language that That is what this bill does. It turns least, we have been leaning on some- has been added, obviously and clearly, the page after a decade of inadequate thing called mental health first aid, there is a real divide on how it is read, funding, a decade of diminished readi- where teachers and others who work how it is interpreted, and how it could ness, a decade of training that wasn’t with young people are not turned into what people should have been expected be applicable. That is our objection. I psychiatrists or psychologists but in a to have before they were expected to do fairly intensive, but short, period of say to my colleague, my chairman, the things we asked them to do. time are given some of the key things through the Chair as well, that we had This bill makes the equipment bet- to look for to then try to connect that offered him language on Friday that ter, it strengthens our military de- young man or woman with the kind of did indeed deal with the Hyde amend- fense, it strengthens our missile de- help they need. ment. No one here said we cannot have fense, it funds new weapons systems, The equipment that could be avail- that, but we have language that ex- and invests heavily in measures de- able for better securing schools would ceeds, in my opinion—I know that is signed to counter the threats such as be available in new ways under this not shared on the other side—but in my ISIL and North Korea. bill, if we pass it. Some of that is in the opinion extends well beyond into the It begins to upgrade U.S. military education area. I am on that sub- private marketplace, where I think strength with funding increases for committee with the Presiding Officer. there is a line the people would not shipbuilding, for aircraft procurement The labor, the health and human support, and I certainly can’t myself. and maintenance. Some of the aircraft services, and the education components In addition to the other language we make—the Growlers and Super Hor- of the bill are strong—what we are dealing with people’s ability to protect nets—in Missouri, and there are lots of doing for the third year straight in their preexisting conditions, we clearly small suppliers that are a part of that healthcare research. Until this year, have a divide on how that is inter- readiness chain that are jeopardized every time we made that new commit- preted, but that does not preclude our when we decide we are not going to ment to healthcare research, after 12 ability, if we agree on the goal of stabi- keep our equipment up-to-date or re- years of no increase at all, we did it lizing the marketplace and ensuring paired. with no new money. It was purely that we can do the CSR payments, that This bill has a pay raise for the mili- prioritizing this as an important thing. we can do the reinsurance program the tary men and women that they de- With this year’s bill, the bill we will Senator from Maine has championed, serve. It also deals with veterans. In pass today, we will restore 22 percent and rightfully so—and I hope we can all my State, we have 500,000 veterans. I of funding that the NIH lost in re- agree that moving on from here, we am proud to see this bill provides a search buying power in the previous 12 would return to that bipartisan pro- record level of Veterans’ Administra- years, where not a single new penny posal, not partisan proposals, and move tion funding but also continues down went to healthcare research beyond to get this done. the path of being sure veterans have what they had before—whether it is I thank the Chair. more choices. There is no reason to Alzheimer’s, cancer, or the BRAIN Ini- I yield the floor. drive by three hospitals that are really tiative. We just simply know a lot The PRESIDING OFFICER. The Sen- good at something that the veterans more than we knew a dozen years ago ator from Missouri. hospital you are going to may not be as about the human genome, about the in- Mr. BLUNT. Mr. President, first of good at. There are things veterans hos- dividual impact of cancers, about get- all, I think the session led by Senator pitals should be better at than anybody ting your own system more aggres- ALEXANDER and Senator COLLINS on the else. They should be better at post- sively fighting back, by sort of amping cost-sharing has been very helpful and traumatic stress. They should be better up your own system’s response. Your shows the impact that would have if we at IED attacks, where eyes and limbs system and mine, we have a response went forward with it, but I want to are hurt. Always the veterans hospitals to those cancerous attacks, but usually talk about the funding bill itself. have been as good as anybody on pros- it is quickly overwhelmed by the can- The first and foremost thing this bill thetics when people have lost legs and cer itself. It doesn’t have to be that does is it makes critical investments to lost arms. That is part of what vet- way because research has led the way keep Americans safe. It is the largest erans uniquely are likely to have hap- on that. annual defense increase year-to-year in pen to them more than others. There is This bill is not perfect. I could go 15 years. It provides a pay increase for no reason to assume they should be as through the bill—every one of us could those who risk their lives in service to good at kidney dialysis or open-heart go through the bill and find something us. When we send our men and women surgery. There is every reason to as- in there that we individually don’t who are willing to do that job in sume, if they want to go somewhere like. That is part of the legislating harm’s way, we ought to do everything that really is good at this that is closer process. we can to ensure that they have every to where they live, they should be able Going back to my earlier comments, possible advantage. We don’t want to do that. it is a different decision to be made Americans to be in a fair fight. We This bill funds either the construc- when you decide: I am absolutely com- want Americans to be in an unfair tion or the repair and backup of almost mitted to defending the country, but I

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.063 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1923 am going to find something in the bill PORTMAN, and others, we are factoring Let me begin with the Clarifying that funds that that I can be against, in a way to get more money quicker to Lawful Overseas Use of Data Act, or so even though I can be for defense, I the States that have big problems. CLOUD Act. This critically important don’t have to explain anything I am There is also money for the National legislation will create a workable not for. Institute of Health to research new framework for law enforcement to ob- I would rather we brought these bills ways to respond to drug overdoses so tain data stored overseas while at the to the floor one at a time. I am lucky— that more people survive the overdose same time protecting providers from I hope—fortunate to be on the special and research different ways to deal conflicts of law and encouraging other committee that was just appointed to with pain so that people don’t get ad- countries to strengthen domestic pri- try to figure out a way to make the dicted to the things they are addicted vacy standards. This bill is a win for budget and appropriations process to now and either die from overdoses or law enforcement, for the tech commu- work in a way that this might be the move to even more dangerous drugs. nity, and for the Trump administration last time we have all this in one bill. It And people who don’t die from an over- as well. didn’t used to be that way. It has been dose can see their lives crumble in Passage of the CLOUD Act is the cul- that way for about 10 years now. It front of them even if they are fortu- mination of more than 4-years of hard needs to stop. Every Member needs to nate enough to recover from the addic- work. My first foray on this issue was have a right to be able to amend these tion they became part of. This is a na- the Law Enforcement Access to Data bills, to bring them to the floor one at tional crisis, and this bill views it as a Stored Abroad Act, or the LEADS Act, a time or two at a time, have a real de- national crisis. which I introduced in September 2014. I bate, and put them on the President’s Whether it is a domestic crisis, like continued my work last Congress with desk as we pass them, not to wait until opioids, or an international crisis, like the International Communications Pri- 6 months after the new spending year our failure to defend ourselves in a way vacy Act, or ICPA. Then, earlier this begins and then have one big bill and that people who defend us would expect year, I introduced the CLOUD Act with have no real impact on what is in that us to be willing to do—this is a bill my good friends Senator COONS, Sen- bill in ways we would like to—at least that overall deserves to be voted for. I ator GRAHAM, and Senator WHITE- intend to vote for it. I intend to start vote on having it changed. HOUSE. It is not perfect. There was right-to- tomorrow trying to have a bill next Among other things, the CLOUD Act conscience language, where healthcare year that not only comes to the floor authorizes the United States to enter professionals who didn’t want to be in a different way but also corrects the into bilateral agreements with other part of a particular procedure that problems that I think could have been governments to set clear standards for would generally be a life-ending proce- better served in the bill we have before requests for digital evidence. Under dure because of their personal con- us today. these bilateral agreements, the United With that, Mr. President, I yield the science and faith beliefs—you would States agrees to lift its blocking stat- floor. think that could have made it in this ute on disclosure to foreign law en- Mr. HATCH. Mr. President, the pros- bill, but it didn’t. I would be much pect of retirement has imbued me with forcement if the other country simi- happier about voting on this bill if it a sense of urgency as I have never felt larly agrees to lift any such bar it has were there, but it is not there. So I can it before. With just a few months left on disclosure to U.S. law enforcement. find things that aren’t there that I in office, I have an ambitious agenda Moreover, the CLOUD Act requires would like to see in this bill. I can cer- that I am committed to getting across that any order issued by a foreign gov- tainly find things that are in the bill the finish line, and with the passage of ernment on a U.S. provider be subject that I would prefer not to see us go for- this year’s spending bill, I am grateful to judicial or other administrative re- ward with. But that is the process of to be several steps closer to that goal. view before the provider can be forced democracy. That is the process of legis- In my first Senate address after an- to turn over data. lating. You have to look at the alter- nouncing that this term would be my I am hopeful that the U.S.-U.K. bilat- natives before you. last, I made clear my intentions for my eral agreement framework outlined in If we are going to make the kind of final year in office. I promised to be on the CLOUD Act will serve as a model commitment to our national defense the Senate floor, early and often, push- for future agreements between the and the men and women who defend us ing the most critical reforms of this United States and other countries. Ex- that this bill makes, if we are going to Congress, and I have been. I promised a peditiously implementing similar make the kind of commitment to flurry of legislative activity from my agreements with the European Union healthcare research and school safety office, and you have seen it. and our other allies is critical to pro- that this bill makes, the choice today Anyone who wants to count me out tecting consumers around the world is to vote for the bill sometime before doesn’t know that I have a dedicated and facilitating legitimate law enforce- the continuing resolution runs out to- staff determined to drive this old work- ment investigations. morrow or to think of how you could horse into the ground, and with the The CLOUD Act gives law enforce- have done this in a better way. I think passage of this year’s omnibus, our ef- ment the tools they need to keep us we all can think of better ways to do forts are beginning to bear fruit. True safe. So, too, does the STOP School Vi- this. to my promise in January to go big and olence Act. We started working with Moving forward here, it is important to go bold, I have been hard at work families from Sandy Hook on this bi- that we have made a commitment to over the last few weeks to include in partisan bill several months ago. They the opioid crisis we are seeing in the this year’s spending package a number had some great ideas for making our country. More people now die from of legislative priorities that will make schools safer including school threat drug overdoses than in car accidents. a meaningful difference for millions of assessment teams; anonymous report- Drug overdoses have become the No. 1 Americans. ing systems; and training for students, cause of accidental death in the coun- I wish to thank the majority leader, teachers, and law enforcement to pre- try today. the majority whip, the Speaker of the vent future violence. We engaged with We have $1.5 billion in flexible spend- House, and their respective staffs for stakeholders from the security indus- ing for the States as part of the $3 bil- going extra lengths to help me attach try about school security infrastruc- lion being spent to fight the opioid cri- several of these signature initiatives to ture improvements. These and other sis in the next year. About 15 percent the bill we will soon pass. Whether it is evidence-based strategies and programs of that $1.5 billion is going to go to the historic legislation to prevent school to improve school safety formed the States that have the biggest problem. violence and improve our background foundation of the STOP School Vio- There will be some allocation to every check system or bipartisan measures lence Act. State because every State has a prob- to empower law enforcement and We were refining the bill and shoring lem, but some States have bigger prob- strengthen our rural communities, this up bipartisan support when tragedy lems. For the first time in this fight, omnibus encompasses a number of pol- struck at Marjory Stoneman Douglas with the good advice of Senator SHA- icy victories that will greatly benefit High School. This certainly increased HEEN, Senator CAPITO, Senator both Utah and the Nation. the urgency of the legislation, and I

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.065 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1924 CONGRESSIONAL RECORD — SENATE March 22, 2018 welcomed the help and advice of the forcement. Moreover, the omnibus in- this legislative package will have a families from Parkland as well. creases NIH funding to research new lasting effect on the lives of thousands I can’t even imagine how I would advances in healthcare and medicine, of Utahns and thousands more across react if something like that happened as well as alternative pain manage- the country. to one of my children, so it has been in- ment options. My home State of Utah Now, some have criticized the process credible to see these families from is a leader in this field, and this bill of passing this legislation, criticizing Sandy Hook and Parkland channel that will give researchers the resources they the fact that lawmakers have not been grief and anger into unifying action. In need to continue to break new ground. able to read the omnibus from begin- particular, I would like to thank Ryan In short, this legislation is a symbol of ning to end. I take serious issue with Petty, Patrick Petty, Kyle Kashuv, and hope for millions across the country this criticism. True, the omnibus is so many other outstanding individuals whose lives have been ravaged by the large, but every bill included therein who shared with us their unique per- opioid epidemic. has been thoroughly vetted over the spective on the issue of school vio- In addition to helping Americans course of several months and, in some lence. Without them, this bill would whose lives have been upended by ad- cases, several years, so the assertion not have become a reality. diction, I am also committed to help- that we are passing a bill, the contents Despite everything people like Kyle ing Westerners who are struggling in of which are unknown, is completely and the Pettys’ went through, they our rural communities. That is why I disingenuous. We know exactly what is came in with the attitude of wanting worked long and hard to include in this in this omnibus because it is the cul- to find common ground and bring peo- year’s omnibus a 2-year extension of mination of all our hard work this Con- ple together. These families from Park- the Secure Rural Schools program, or gress. This is a common vehicle for land came in wanting to make a dif- SRS. passing vetted legislation, and anyone ference, saying this time had to be dif- The SRS program is absolutely crit- who tells you otherwise is playing po- ferent, and very soon, they can say ical to rural, forest counties in Utah litical games. that they helped pass a historic bill and across the West. As the timber in- Let me just conclude by saying that, that will save hundreds, if not thou- dustry has declined in our country, with the time I have left here in the sands, of lives. rural counties with high presence of Senate, I plan to leave everything on In the spirit of keeping young people National Forest System lands face sig- the field. For me, 2018 is not a victory safe, I am glad we were also able to get nificant hardships in maintaining lap but a sprint to the finish, and I my Child Protection Improvements Act schools and essential infrastructure. plan to finish strong. included in the omnibus. The objective Fortunately, with the extension of Mr. President, I submit this state- of this bipartisan bill is simple: to bet- SRS, hard-working county leaders will ment on behalf of myself and Ranking ter protect the most vulnerable in our be able to improve road maintenance, Member Wyden. The provisions of the society, namely, children, the elderly, fund law enforcement, and keep our House amendment to the Senate and individuals with disabilities. schools and libraries open. amendment to H.R. 1625, showing the The Child Protection Improvements The SRS program, as well as pro- text of the Consolidated Appropria- Act amends the National Child Protec- grams such as PILT, are a boon to fam- tions Act, 2018, before the Senate for tion Act of 1993 to make permanent a ilies across the State of Utah. Of equal debate today includes technical correc- pilot program originally created by the importance are our defense programs. tions to legislation enacted prior to Adam Walsh Act. This program ensures Utah has some of the most patriotic 2017. These provisions are important to that organizations that serve children, people in the country, not to mention provide clarity to taxpayers and to the the elderly, and individuals with dis- thousands of veterans and Active-Duty administration of the law. I and Rank- abilities have access to FBI fingerprint servicemembers. That is why I have al- ing Member RON WYDEN have asked the background checks for their employ- ways done everything in my power to staff of the nonpartisan Joint Com- ees, volunteers, and coaches. My hope support the warfighter, so I am pleased mittee on Taxation to make available is that this bill, which is broadly sup- that this bill includes a much-needed to the public a technical explanation of ported by youth-serving organizations 2.4 percent pay raise for our troops, the this legislation. and law enforcement groups, will save largest in 8 years. What is more, the The technical explanation expresses many lives and better protect those legislation we are set to vote on today the congressional understanding and who cannot protect themselves. Giving has the largest increase in defense legislative intent behind this impor- permanency to this background check funding in over 15 years, with a $61 bil- tant legislation. It is available on the program is an important step in keep- lion increase over last year’s levels. Joint Committee’s website at ing children and the defenseless safe This is especially good news for my www.jct.gov. It is document JCX–6–18, from violent criminals and sexual pred- hard-working constituents at military ‘‘Technical Explanation of the Revenue ators who might otherwise slip through installations throughout the state. Provisions of the House Amendment to the cracks. What I have mentioned thus far is by the Senate Amendment to H.R. 1625 Also among our Nation’s most vul- no means an exhaustive list of the leg- (Rules Committee Print 115–66),’’ nerable are those struggling with ad- islative victories included in this March 22, 2018. diction to opioids. Opioid abuse in our year’s omnibus, but also worth men- Mr. CARPER. Mr. President, I rise Nation has reached epidemic levels, tioning are initiatives to build research today to speak about title XI of divi- leaving in its wake a trail of tragedy capacity at the National Institutes of sions S of the Consolidated Appropria- and shattered life. Few are immune to Health; make childcare more afford- tions Act, 2018, H.R. 1625. Title XI of the devastating effects of addiction. able for America’s hard-working fami- Division S, the Fair Agricultural Re- For many, dependency begins with a lies, expand TIGER grants to facilitate porting Methods Act, or the FARM Act painkiller prescription in the after- transportation projects across the is identical to the text of S. 2421, which math of a surgery or serious injury. country, strengthen the Economic De- was introduced on February 13, 2018, Against their own will, patients development Administration to bolster and which was referred to the Senate velop an addiction to pain medication rural communities, and support evi- Committee on Environment and Public that leaves them craving more. Over dence-based education programs for Works, where I serve as ranking mem- time, feeding this addiction becomes our Nation’s youth. On each of these ber. I am proud to be an original co- increasingly difficult, pushing many to initiatives, I worked closely with sponsor of S. 2421. look for a harder fix. Some even turn stakeholders and everyday Utahns to The Environment and Public Works to heroin, spurring a rapid descent into ensure that their perspectives would be Committee held two legislative hear- despondency from which few return. heard and their needs would be met. ings on the text of S. 2421. The first was To combat this harrowing epidemic, I am pleased with the work we have on S. 2421 as introduced, in the Senate the omnibus more than triples the Fed- been able to do on this bill. Like any Committee on Environment and Public eral resources devoted to the opioid compromise, it is far from perfect, but Works Subcommittee on Superfund, crisis, allocating billions of dollars to it’s undeniably good, and I can con- Waste Management, and Regulatory opioid prevention, treatment, and en- fidently say that the bills included in Oversight on March 8, 2018. The second

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.018 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1925 hearing was held by the full committee fully reporting these releases to their CONGRESSIONAL RESEARCH SERVICE on March 14, 2018, on a committee draft State emergency response commissions MEMORANDUM of legislation, the ‘‘Agriculture Creates and to their local emergency planning MARCH 13, 2018. Real Employment (ACRE) Act.’’ The To: Senate Committee on Environment and committees. The DC Circuit vacated Public Works text of S. 2421 was included in the com- the rule that exempted farms that mittee draft of the ACRE Act, as sec- Attention: Kusai Merchant. weren’t large CAFOs from EPCRA re- Hon. CORY A. BOOKER, Ranking Member tion 3. porting requirements under section 304. Subcommittee on Superfund, Waste Manage- S. 2421 exempts most farms from the ment, and Regulatory Oversight hazardous substance release reporting One thing I worked hard on with Sen- Attention: Adam Zipkin. requirements under section 103 of the ators Fischer and Barrasso as we were From: David M. Bearden, Specialist in Envi- Comprehensive Environmental Re- developing the FARM Act was to en- ronmental Policy sponse, Compensation, and Liability sure that, at the same time we exempt- Subject: Supplemental Analysis: Fair Agri- cultural Reporting Method Act/FARM Act, CERCLA, for air emissions from ed farms from hazardous substance re- animal waste, but leaves intact report- Act (S. 2421). porting requirements under section 103 This memorandum responds to your re- ing requirements under the Emergency of CERCLA, we chose to make no quest for a more detailed discussion of the Planning and Community Right-to- changes to how extremely hazardous analysis presented in a CRS memorandum Know Act, EPCRA. The FARM Act also provided on March 7, 2018. CRS prepared this preserves reporting requirements and substances should be reported under earlier memorandum to respond to your ini- enforcement authority under State and EPCRA. We heard testimony from mul- tial request for an analysis of amendments local laws, as neither CERCLA nor tiple witnesses during both of our hear- to the Comprehensive Environmental Re- EPCRA would preempt such require- ings on this point, namely that this sponse, Compensation, and Liability Act (CERCLA) in the Fair Agricultural Report- ments. legislation did not change reporting re- ing Method Act or ‘‘FARM Act’’ (S. 2421), as As I said during those hearings, I be- quirements for releases of extremely introduced on February 13, 2018. As discussed lieve our country’s environmental laws hazardous substances under EPCRA. in the March 7th CRS memorandum, S. 2421 serve our entire Nation, including our We also heard testimony from a local would exempt air releases of hazardous sub- farmers, quite well, but I recognize stances emitted by animal waste at farms government official about the ways that sometimes environmental require- from reporting requirements under CERCLA, ments can be complex and confusing to that he and his constituents would use and would have a bearing on the applica- those who farm, especially when these the information in these reports. bility of reporting requirements under Sec- tion 304 of the Emergency Planning and rules suddenly change. Another important aspect of the Community Right-to-Know Act (EPCRA). This is what happened in April 2017 FARM Act is that it in no way modi- This supplemental memorandum elabo- when the DC Circuit Court of Appeals fies any of EPA’s response or remedial rates upon the analysis presented in the invalidated an EPA rule from 2008, authorities under CERCLA, nor does it March 7th CRS memorandum to outline circumstances in which the emergency notifica- which exempted all farms in the Nation in any way limit or reduce liability as- from reporting requirements for haz- tion requirements in Section 304 of EPCRA sociated with a release from any facil- ardous air emissions from animal would apply under current law, and the bearing of S. 2421 on the applicability of these re- waste under CERCLA. ity, which of course includes farms. This fact is made explicit in section 3 quirements to air releases emitted by animal That same rule also exempted many waste. The March 7th CRS memorandum farms from reporting requirements of S. 2421 and in section 1103 of H.R. provides additional background information under section 304 of EPCRA, but left in 1625, division S, title XI. in support of this analysis, and offers a broader examination of how S. 2421 would de- place reporting requirements for large I want to thank Senators FISCHER concentrated animal feeding oper- fine the terms ‘‘animal waste’’ and ‘‘farm’’ and BARRASSO for working with me and ations, known as CAFOs. This is be- for purposes of the bill. I hope that this sup- agreeing to not amend EPCRA in S. cause EPA received numerous com- plemental memorandum is helpful to address your questions about circumstances in which ments from local officials and the pub- 2421, and similarly in title XI of division S of H.R. 1625. That was critical EPCRA may continue to apply if S. 2421 were lic in support of having farms report enacted. If you need further assistance from these emissions. Since January 2009, for many Members on the Democratic CRS in consideration of this legislation or EPA has required large CAFOs to re- side who have repeatedly heard con- related issues, please do not hesitate to con- port their emissions of ammonia and cerns from State and local officials, tact me. hydrogen sulfide from animal waste the public health experts, and other SECTION 304 OF EPCRA under section 304 of EPCRA. members of these communities who As explained in the March 7th CRS memo- With the court’s decision to vacate have the right to know about what is randum, Section 304 of EPCRA outlines three situations in which the reporting of releases the 2008 rule, all farms that exceeded in their air. releases of 100 pounds in a 24–hour pe- of extremely hazardous substances or haz- Finally, I ask unanimous consent to ardous substances into the environment is riod of ammonia or hydrogen sulfide required. In each situation, the person re- were now subject to reporting require- have printed in the RECORD a Congres- sponsible for the release must notify the ments under section 103 of CERCLA sional Research Service memorandum State Emergency Response Commission and under section 304 of EPCRA. Farms titled ‘‘Supplemental Analysis: Fair (SERC) and the appropriate Local Emer- had no experience with CERCLA re- Agricultural Reporting Method Act/ gency Planning Committee (LEPC) that cov- porting, because the 2008 rule exempted FARM Act (S. 2421).’’ As I have already ers the local jurisdiction where the release all farms from reporting under section occurs. Two of these situations are contin- noted, the text of the FARM Act in di- gent upon the release being subject to notifi- 103 of that statute. The FARM Act provision S, title XI, of the House amend- cation under Section 103 of CERCLA for re- vides a statutory exemption to the re- ment to the Senate amendment to H.R. porting to the National Response Center! porting requirements under section 103 1625, the Consolidated Appropriations The third situation is not contingent upon because the DC Circuit found that EPA reporting under CERCLA. The three situa- did not have the authority to exempt Act, 2018, is identical to S. 2421. There- tions covered in Section 304 of EPCRA are as farms from these releases. This re- fore, the analysis contained in the CRS follows. stores the CERCLA reporting exemp- memo on S. 2421 applies equally to the Section 304(a)(1) requires notification of re- language in the omnibus. There is addi- leases of extremely hazardous substances tion under which farmers have oper- listed under EPCRA, if the release would re- ated since 2009. tional analysis on the FARM Act by quire notification for hazardous substances Reporting requirements under CRS that is part of the hearing records under Section 103 of CERCLA. EPCRA have been quite different. As I on S. 2421 and on the ACRE Act. Section 304(a)(3) requires notification of re- noted before, the Bush administration leases of other hazardous substances that are There being no objection, the mate- chose to only exempt some farms from not separately listed as extremely hazardous reporting releases of extremely haz- rial was ordered to be printed in the substances under EPCRA, if the release RECORD, as follows: would require notification under Section 103 ardous substances from animal waste of CERCLA. under section 304 of EPCRA, and since Section 304(a)(2) requires notification of re- 2009, large CAFOs have been success- leases of extremely hazardous substances

VerDate Sep 11 2014 07:13 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.017 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1926 CONGRESSIONAL RECORD — SENATE March 22, 2018 listed under EPCRA (but that are not subject were to exceed the quantitative threshold for Mr. INHOFE. Mr. President, I ask to notification under CERCLA), if three cri- reporting that EPA designated in federal unanimous consent that I be recog- teria are met. regulation pursuant to Section 302 of nized for such time as I may consume. In this third situation, releases of ex- EPCRA. For example, EPA separately listed The PRESIDING OFFICER. Without tremely hazardous substances listed under ammonia and hydrogen sulfide (substances EPCRA would require notification under commonly emitted by animal waste) as ex- objection, it is so ordered. Section 304(a)(2), if the release: tremely hazardous substances, and des- Mr. INHOFE. Mr. President, this is (A) is not a federally permitted release as ignated 100 pounds released during a 24-hour going to be kind of a strange statement defined in Section 101(10) of CERCLA; period as the threshold for reporting under to make. I have great regret that I am (B) is in an amount in excess of a report- Section 302 of EPCRA. Air releases of ammo- going to have to vote for this bill when able quantity that the U.S. Environmental nia or hydrogen sulfide emitted by animal it comes up—and I am talking about Protection Agency (EPA) designated under waste in excess of 100 pounds during a 24- the spending bill—and I don’t like it. Section 302 of EPCRA; and hour period therefore would satisfy this sec- I went through a lot of years as (C) ‘‘occurs in a manner’’ that would re- ond criterion in Section 304(a)(2)(B). being—in fact, since I have been here, I quire notification under Section 103 of An air release of an extremely hazardous CERCLA. substance emitted by animal waste (e.g., am- have been ranked with the three most conservative Members every year— S. 2421 monia or hydrogen sulfide) would satisfy the more times than anybody else has. I S. 2421 would amend Section 103(e) of third criterion of Section 304(a)(2)(C) of CERCLA to exempt ‘‘air emissions from ani- EPCRA, if the release were to occur in the am looking at this right now, and I was mal waste (including decomposing animal same manner as a ‘‘release’’ that would re- listening to some of my colleagues who waste) at a farm’’ from reporting to the Na- quire reporting under CERCLA. As outlined are concerned about the spending, and tional Response Center regardless of the in the March 7th CRS memorandum, the no one is more concerned than I am quantity of the release of hazardous sub- term ‘‘release’’ in CERCLA is relatively about the spending. We have a problem, stances in air emissions. The bill would not broad with respect to the manner in which a hazardous substance may enter the environ- though, that a lot of people don’t un- amend Section 304 or any other provisions of derstand. EPCRA. Although S. 2421 would not amend ment, including spilling, leaking, pumping, pouring, emitting, emptying, discharging, I have been on the Senate Armed this statute, the bill would have the effect of Services Committee for 24 years in the eliminating reporting requirements under injecting, escaping, leaching, dumping, or Section 304(a)(1) and Section 304(a)(3) of disposing into the environment. The term Senate, and I was on the same com- EPCRA for air releases of hazardous sub- ‘‘environment’’ is defined in Section 101(8) of mittee in the House before that, and I stances emitted by animal waste at farms, in CERCLA to include surface water, ground- have never seen anything like this. We so far as the terms ‘‘animal waste’’ and water, a drinking water supply, surface soils, went through things back in the Carter sub-surface soils, or ambient air. Section 329 ‘‘farm’’ are defined in the bill. administration where we had a hollow Both Section 304(a)(1) and Section 304(a)(3) of EPCRA defines the terms ‘‘release’’ and ‘‘environment’’ similar in scope to CERCLA. force, and then Ronald Reagan came of EPCRA are contingent upon reporting re- along in 1980, and we rebuilt our mili- quired under Section 103 of CERCLA. Ex- The federal regulations promulgated under empting a release from reporting under Sec- Section 304 of EPCRA reflect these statutory tary. Everybody knows that. They tion 103 of CERCLA thereby would have the definitions. Both CERCLA and EPCRA gen- knew what was happening. A hollow effect of exempting the same release from re- erally treat emissions into the ambient air force is not good. A hollow force means porting under Section 304(a)(1) and Section as releases into the environment. we can’t really fight a war. Certainly 304(a)(3) of EPCRA. The April 2017 court deci- In implementation, EPA has treated the we can’t do two contingencies simulta- phrase ‘‘occurs in a manner’’ in EPCRA Sec- sion referenced in the March 7th CRS memo- neously, as has been our policy for a randum (Waterkeeper Alliance, et al., v. tion 304(a)(2)(C) to mean the nature of the release in terms of how a substance enters the long period of time. And that is what EPA) described this statutory relationship in we got into back then. Now, this hasn’t terms of ‘‘a release that triggers the environment, not that reporting is required CERCLA duty also automatically trips the under Section 103 of CERCLA. Otherwise, happened since 1980. EPCRA reporting requirements in sub- Section 304(a)(2) would be rendered meaning- I chair one of the subcommittees, and sections (1) and (3)’’ of Section 304. less in covering releases of extremely haz- we had the vices in—this was at the S. 2421 would not have a bearing on the re- ardous substances that do not require report- end of the Obama administration—and porting of releases of extremely hazardous ing as hazardous substances under CERCLA, the four vices of the services all said while requiring reporting under CERCLA at substances under Section 304(a)(2) of EPCRA the same thing: We are in a position though, as this provision is not contingent the same time. The March 7th CRS memorandum observed now where we have a hollow force like upon reporting required under Section 103 of that the exemption from reporting under we had back in the late seventies. CERCLA. If the exemption from CERCLA in Section 103 of CERCLA in S. 2421 may not The public doesn’t know this, and our S. 2421 were enacted, the applicability of necessarily exempt releases of separately Section 304(a)(2) therefore would remain the press doesn’t talk very much about listed extremely hazardous substances from same as in current law. An air release of an this. They talk about all the problems reporting under Section 304(a)(2) of EPCRA. extremely hazardous substance emitted by that ring the bells and sell the news- The applicability of this provision to a par- animal waste at a farm would be subject to papers and all of that, but they don’t ticular release would depend on whether all Section 304(a)(2) if all three statutory cri- three statutory criteria outlined above are want to talk about the military. This teria for reporting were met. is the reality of what we are faced with An air release of an extremely hazardous met. Regardless of these criteria though, Section 304 in its entirety may not apply to right now. substance emitted by animal waste would General Dunford is the Chairman of satisfy the first criterion in Section air releases from animal waste at farms if 304(a)(2)(A) if it were not a federally per- the Trump Administration’s interpretation the Joint Chiefs of Staff. He said that mitted release. Section 101(10) of CERCLA of the exemption for substances used in rou- we are losing our qualitative and quan- defines the term ‘‘federally permitted re- tine agricultural operations is not chal- titative edge in America. That means lease’’ to mean releases regulated under lenged. S. 2421 would not have a bearing on we have two great forces out there— other specific laws. Section 101(10)(H) au- this exemption. one Russia and one China—and they Also as noted in the March 7th CRS memo- thorizes a federally permitted release for randum, potential reporting requirements are passing us up. Right now, both ‘‘any emission into the air’’ subject to a per- under state or local laws may continue to China and Russia, with the artillery mit, regulation, or State Implementation apply regardless of an exemption in federal pieces they have on tanks, can fire Plan, pursuant to the Clean Air Act. CRS is law, as neither CERCLA nor EPCRA would not aware of the use of these authorities to eight rounds a minute. Do you know preempt such state or local requirements. regulate air releases emitted by animal how many rounds we can fire with waste upon which a federally permitted re- Mr. BLUNT. Mr. President, I suggest ours? Four rounds a minute. lease presently could be based. If such air re- the absence of a quorum. We got ourselves into a position leases were permitted under the Clean Air The PRESIDING OFFICER. The where we had our ground brigades of Act, the releases would be exempt from re- clerk will call the roll. the U.S. Army—this was at the end of porting and liability under CERCLA as a fed- The assistant bill clerk proceeded to the last administration—of our ground erally permitted release, and thereby exempt call the roll. brigades, only 30 percent of them could from reporting to state and local officials Mr. INHOFE. Mr. President, I ask be deployed. under Section 304 of EPCRA. An air release of an extremely hazardous unanimous consent that the order for I don’t like to sound like I am being substance emitted by animal waste would the quorum call be rescinded. partisan when I talk about Barack satisfy the second criterion in Section The PRESIDING OFFICER. Without Obama. I respect him in one area, and 304(a)(2)(B) if the quantity of the release objection, it is so ordered. that is, he was admittedly a very proud

VerDate Sep 11 2014 07:13 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.023 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1927 liberal, and proud liberals don’t care China Sea? China is out there doing I have to compliment our President. that much about a defense system. something totally illegal. They say I hesitate doing it this way because a They think that if all countries will that they are reclaiming land. They lot of people don’t understand. Remem- stand in a circle and hold hands and are not reclaiming it because they ber when Kim Jong Un made the state- unilaterally disarm, all threats will go don’t have it to start with. They are ment in which he said: Ah-ha, on No- away. So we went through that, and creating land that is out there in the vember 28 I showed that I could reach people didn’t seem to care. seaways that we need to defend Amer- the United States of America, and There is this myth out there that ica and to keep our commerce going, therefore I have a button I can press, somehow we are stronger than every- and they are building islands. Right and I could take out an American body else, that the equipment we have now they are up to over 3,000 acres of city—or words to that effect. is better than anybody else’s. During islands. This is China we are talking Instead of the policy of appeasement that same timeframe, our air bri- about. What are they doing over there? that we had for 8 years prior to this gades—only 30 percent of those were They have runways. They have rock- President coming in, this President working. The marines who use the F– ets. They have military equipment. said: Yes, and I have a button. It is big- 18s—62 percent of the F–18s couldn’t There is nothing there except military ger than yours. Ours works, yours fly. One of the things that happen when equipment. It is almost as if they are doesn’t, and we will blow you off the the military goes down—the first thing preparing for world war III. face of this Earth. That doesn’t sound that goes down is maintenance, and So where are our allies? We talked to diplomatic does it? It is not. That is then, of course, you have moderniza- our allies. They are embarrassed be- what is good about this President. He tion, and that is where we got way cause they are not sure whose side they is not afraid to stand up and be strong. down behind. are going to be on. In fact, it is almost The policy of appeasement hasn’t Don’t take my word for it. Right as if they put this in on purpose, where worked. It has never worked. now, we have 27 Members on the Sen- you would have the Secretary of De- So what happened? Hours after he ate Armed Services Committee, and fense or the Minister of Defense, in made that statement to Kim Jong Un, they understand this. They know where whichever of these countries I men- Un called South Korea and said: You we are on this, but a lot of the other tioned, on one side saying ‘‘Well, you know, we have changed our mind. We people don’t. They have their interests. know, the threat is not all that great,’’ are going to send people to the Winter If they had a strong interest, they and the other one is saying ‘‘Yes, you Olympics. would probably be on the committee, have to do something because the Wow, that is a major change. I can and they are not. world is coming to end.’’ Well, they are remember saying that in one of our Secretary Mattis said: on both sides of this issue. own committee hearings, and even our Our competitive edge has eroded in every It is fascinating. It is almost as if own Intelligence Committee said: Well, domain of warfare—air, land, sea, space, they got together, and they are doing he didn’t really mean it. It was just a cyberspace—and is continually eroding. it by design. Has this ever happened matter of days after that when he America has no pre-ordained right to victory since World War II in our country? No, called and said: We want to negotiate, in the battlefield. it hasn’t. That is where we are right sit down and talk to President Trump, That is Secretary Mattis, who is the now. and we will even put things on the Secretary of Defense. We have problems that are facing our table, like denuclearizing. This is going Army General Allyn said: military; they are very real. This is to happen. We’ve had most of our modernization pro- something that has to be fixed. This That is another threat. What I am grams on life support for the last several bill corrects a lot of these things. We trying to get across is that those years. Currently, our modernization is 50 have defense now up to $700 billion. I threats are there. In my opinion, that percent of what it was in 2009. am going from memory here, but I is something that is actually working. This is a good quote, too. This is think the last request that came from In this bill, we have $700 billion. We from Navy Admiral Moran. So this is President Obama was $548 billion. This have $61 billion over the enacted levels not just me saying this; this is where I is $700 billion. We are rebuilding. We of fiscal year 2017. We have a 2.4-per- got the information about the Hornet are trying to address the threats from cent pay raise for our kids out there. fleet. The Hornet is the F–18. He said: both Russia and China. We have $11.5 billion for missile de- For our entire Hornet fleet . . . we have 62 By the way, I want to mention that fense. percent that are not flyable. More than half. there is one other threat in that same One of the areas where I was most We’re double where we should be in non- area where we were, in North Korea. I critical of the last budget that was put flyable aircraft. am sure everyone knows who Kim Jong together by President Obama was mis- General Walters said: Un is. He is the head guy of North sile defense. If there is ever any time in I can tell you today we cannot [fight two Korea. Something happened on Novem- the history of this country where we conflicts] simultaneously. ber 28. On November 28, he fired a rock- have to have missile defense, this is it. That is supposed to be our policy, et that had a range that could reach They are out there right now. They that at a minimum—ever since World the United States of America. It could have the capability; they have missiles War II—we would be able to and have certainly reach where we are today. that will reach us. We need missile de- the capability of fighting on two fronts Some people say that can’t be true. All fense. simultaneously. We can’t do it. they can say is—they fall into two We have ground-based interceptors. I General Wilson: areas of disagreement. They say: Yes, was just in Alaska the other day. They We’re at about 50 percent readiness today, he has the range to reach us, but he now have 44 ground-based interceptors across the Air Force. We [were] . . . the couldn’t carry a payload. We have no up there. What is really interesting smallest Air Force ever in 2016, when we bot- idea what payload was on this rocket about that is we had 44, and then the tomed out at 310,000. that he sent. Let’s assume there is no last President came in, and he knocked I could go on and spend a lot of time payload at all. It would be a matter of that down to 32, I think it was. Then, talking about this, but I can’t find any- days before they make that up. Then as soon as this President came in and one in the military who disagrees. That they said that he couldn’t reenter. Re- looked at it, he went back to 44. Now should be a foregone conclusion if our entry is always a problem because to we are looking at 20 more. own military—they are the ones who reenter you have to come in and have Is that going to give us the redun- are responsible for protecting my 20 some level of accuracy. So you can’t dancy to protect my 20 kids and kids and grandkids from enemies. reenter there without accuracy. grandkids from somebody coming in? I just got back from the South China Well, what difference does it make if Well, it is a lot better than it was, and Sea. We have a lot of really good allies they have a weapon that could take we are getting all kinds of new equip- there. We have the Philippines, South out a city the size of St. Louis? It ment in order to try to knock down— Korea, Guam, Japan, and Taiwan. They doesn’t really matter where it lands, so the big mistake we made in this coun- have been our top allies, but do you that is a hollow argument. The power try was when we were planning to put know what is happening in the South is right there. ground-based interceptors in Poland, in

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.066 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1928 CONGRESSIONAL RECORD — SENATE March 22, 2018 the Czech Republic, and a radar there imagine that anyone on the Senate to those who aspire to be staff mem- that would protect the eastern half of Armed Services Committee who deals bers of the Senate someday, I would the United States and Western Europe. with these issues on a daily basis would present Gabrielle Batkin as a shining That was already started when Obama not want to get in there and make example of what it means to be an ex- came into office. In his first year, he America strong again. We can do it, ceptional staffer and a true public serv- pulled that program down. but if you don’t vote for this, it is not ant. One of the persons whom I have al- going to be done. That is the great fear Every now and then we hear the term ways liked over there is Vaclav Klaus. that I have. ‘‘nameless, faceless bureaucrat.’’ This He was the President. When I was over I hope the conservatives out there—I is not a nameless, faceless bureaucrat. there, I could remember so well saying: know for a lot of us, ratings always This is a beautiful public servant. She We have to have your cooperation, the happen. You cast a vote, and they say: works tirelessly and really believes in Czech Republic, to protect America. Ah, that is spending a lot of money. We making government work better for He said: Are you sure? If I do this and are going to rate against you. Again, it the people that it serves. I outrage Russia, they are going to be is a tradeoff. It is defending America. Gabrielle and I first started working angry and take every step against us That is the one thing we should be together back in 2014, when she came they can. You will not pull the rug out doing. to lead my team on the Senate Home- from under us? I would give anything if we could just land Security and Governmental Af- I said: Absolutely, we are not going pull that element—all that we are fairs Committee when I served as its to pull the rug out from under you. doing for the military—out of this chairman. Then, a little over a year That is the first thing Obama did budget and do it individually. Let me ago, she seamlessly transitioned to her when he got into office. That is a prob- stand up here and read the riot act current role as staff director for the lem we shouldn’t have. about what is happening in this coun- minority on the Environment and Pub- The threat is there. We are trying to try, the debt that is accumulating, but, lic Works Committee. This encap- meet the threat. This bill meets that unfortunately, I don’t have that option sulates just a fraction of her service. threat. It gets us back to the amount today. For over a decade, Gabrielle served as of money that should have been left in We have one vote where we can do it. an appropriations staff member to missile defense. It is in there right That is going to be the vote that we do, former Senator Barbara Mikulski. I now. hopefully, tonight. I am not sure when think she was the No. 2 person on Bar- We have another $11.5 billion for mis- it is going to be. I just ask my col- sile defense, and it is a 44-percent in- bara’s appropriations team. Gabrielle leagues to understand the threat facing started on the Appropriations crease from 2017. The O&M budget our country—in my opinion, the great- right now is increased. The total budg- Committtee’s Subcommittees on Vet- est threat we have ever had. erans Affairs and Housing and Urban et is going to be $238 billion. That is to I yield the floor. Development and then moved on to the offset the losses today that the O&M I suggest the absence of a quorum. budget has created. The PRESIDING OFFICER. The Commerce, Justice, and Science Sub- This budget that we are going to be clerk will call the roll. committee, where she handled every- voting on is a big budget. Those of us The bill clerk proceeded to call the thing from NASA to the grasses on the who are going to be voting for it are roll. Chesapeake Bay. getting criticized. I will say this: The Mr. CARPER. Mr. President, I ask Before that, she served in the office liberals all like it. They like to spend unanimous consent that the order for of the late Senator from New Jersey, money. Conservatives don’t. I don’t the quorum call be rescinded. Frank Lautenberg. She also worked on like to do it. The PRESIDING OFFICER (Mr. the House side for Congressman FRANK That is all in this bill—57,100 troops YOUNG). Without objection, it is so or- PALLONE from New Jersey and also over Obama’s 2017 cut. We were not dered. served on the Senate Budget Com- going to have—anyway, this is why we TRIBUTE TO GABRIELLE BATKIN mittee. absolutely have to do this. Mr. CARPER. Mr. President, we are Gabrielle has worked on everything I look and I see that it would be nice here today to discuss what we call an from blue crabs to the Hubble telescope if we had the comfort of believing that omnibus bill. I know that ‘‘omnibus’’ is to cybersecurity and Central America. America is still the strongest out another funny-sounding word that we Those who know her will confirm that there, that we have everything we use sometimes here in Washington, but few people can shift between issues or need, but we don’t. it simply means a bill that covers a lot committees as gracefully as she does, So let’s look at what we are going to of topics. while also delivering results every step be doing. The Army, from a high point There are provisions in the omnibus of the way. The day-to-day functions of of 566,000 soldiers during the surge in legislation that deal with everything the Federal Government are possible 2007—Obama reduced it to just over from homeland security to the environ- because there are people like Gabrielle 460,000. Thirty-three percent of the bri- ment to veterans and science, just to Batkin who toil away behind the gade combat teams didn’t work. The name a few. It is particularly fitting scenes making sure the hard work gets aviation combat teams didn’t work. We that we are discussing an appropria- done for the American people. are on the road to recovery on this be- tions bill that covers such a wide range She has been a tenacious and effec- cause we did a supplemental. We all re- of topics, as I come to the floor to rec- tive leader on my staff, but she also member that. But it is this budget that ognize the service of a member of our has what I like to call the ‘‘heart of a is going to bring us back, and we will staff who has worked on most of the servant.’’ Even as the boss, Gabrielle is end up having our military in the posi- policies covered in the omnibus legisla- in the trenches when things get tough tion that the American people think it tion—maybe all of them. or hectic around here, and she always is in right now. Gabrielle Batkin, seated to my left, takes time to make sure that those I was on a TV show just a few min- will probably wish that I wasn’t doing who work hard for her are doing OK. utes ago, and they said: Well, you this right now, but there is no doubt Her incredible work ethic, combined know, with all this debt that is coming that she deserves to be recognized for with her humility, means that she can with this, and you are talking about her more than 20 years of hard work in be briefing Members of Congress on the military—isn’t that a good trade- the U.S. Senate. For as long as I have complex policies one minute and help- off? known her, Gabrielle has been an in- ing an overwhelmed junior staffer sta- I said: You can’t trade off something credibly gracious person—kind, easy ple packets the next. That is just who when you see the threat that is out with praise, making sure that her own Gabrielle is. there, which is unprecedented in the staff and the staff across the aisle were No matter how stressful her high- history of this country, and you have appropriately recognized for their ef- pressure career in the Senate was, 20 kids and grandkids to protect. No, forts. Now I think she deserves some Gabrielle never let it take her away that is not a good tradeoff. recognition of her own. from her most important job; that is, I am hoping that those individuals To all of the young staff members being the mother to three young men who are conservatives—and I can’t who may be watching this right now or who are up in the Galleries tonight:

VerDate Sep 11 2014 06:29 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.068 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1929 Henry, Will, and Charlie. She has al- staff, and maybe forget where they times lasting all night and throughout ways said to me: ‘‘My most important came from, or maybe they are not the weekends. We have had very tough job is being a mom,’’ and she is a darn same person they were when they choices. We have had some very good- good one. All of her family are up in started. She is probably smarter. She faith compromises. In other words, we the Galleries—not all of them, but started out really smart, but she has have actually handled legislation the some of the most important ones—her gotten even better informed and just a way we should. three sons and her husband Josh of 20 more knowledgeable member of our We have reached a bipartisan agree- years and her sister Erin, who is, I un- team as time has gone by. ment to fund the government for this derstand, not just a sister but a great I will go back to when I interviewed fiscal year and to make renewed in- friend, a great aunt, and just a wonder- her for the position of staff director on vestments in the American people and ful support system for Gabrielle during the Homeland Security and Govern- to protect our national security. the times she has needed it. mental Affairs Committee when I was The fiscal year 2018 Omnibus appro- I want to thank the three boys and chairman. We talked about growing up, priations bill has $1.3 trillion in discre- Josh for sharing your mom and your going to college, and her influences as tionary spending. That includes $700 wife with all of the people of our coun- a young woman. As it turned out, she billion for defense programs to support try, and I want to thank Erin for being went to school in the Midwest, Bradley our men and women in uniform and just a terrific sister and supporter. in Peoria. $600 billion in nondefense programs A few years back, Gabrielle brought I said: Did you ever work while you that will help us invest in America and her oldest son Henry to our staff holi- were going to school? support our working families. day party at the Buena Vista in New I worked a couple jobs while I was The bill has critical resources dedi- Castle, DE. At the time I was talking going to Ohio State. ROTC. Mid- cated to combating the opioid epi- with Henry, I think he was 12, and I shipman. I had some help from the demic, to rebuilding America’s infra- asked him to tell us one thing his mom Navy. As it turned out, she worked full structure, to improving healthcare fa- taught him. Henry told us that his time while she was going to school at cilities for our veterans, to improving mom tells him all the time that as long Bradley—not that she volunteered this, access to affordable healthcare for all as they try to do their best in every- but I found out later on that she Americans, to ensuring the security of thing he and his brother do, that is al- worked full-time for several of those our elections, to supporting advances ways good enough for her. Think about years that she was an undergraduate— in scientific research, and to investing that. As long as he and his brother do I think at the Social Security Adminis- in rural communities across the coun- their best, that is always good enough tration—and carried a full load and a try. for their mom. She just wants to make straight 4.0 average. I think that is The Presiding Officer and every Sen- sure they do their best. amazing. As soon as she said that, I ator have rural parts of their States, She has always given us her best for thought, I should be working for you, and the investments to be made in all these years—20 years and counting. sister. But she has let me work with those rural communities should be I am immensely grateful to Gabrielle her, and we have had a great time and good news for every Senator. for her service to this institution, for a great run. These investments would not have her service to the American people, and I know I speak for the other members been possible without the 2018 bipar- for her indispensable counsel to me of the Environment and Public Works tisan budget agreement that lifted the over the past 4 years that I have been Committee who have an opportunity to budget caps on discretionary spend- fortunate enough to work with her—I see staff—Democrats and Repub- ing—lifted the caps for defense by $80 like to say ‘‘to work for her.’’ She is a licans—and a chance to see her handi- billion and for nondefense by $63 bil- great boss and a wonderful friend. I work and the magic she brought to the lion—providing relief from the severe have learned a lot from her and treas- committee. She had a good 1-plus years cuts in both defense and nondefense ure her and her friendship. as a staff director when I was privi- known as sequestration. While we are sad to see her go, I am leged to chair Homeland Security, and The consequences of the 2011 Budget excited for her new adventures to everybody—Tom Coburn, my colleague Control Act, which mandated seques- come, and I wish her and her family— from Oklahoma, and a whole bunch of tration, have been devastating to our her husband Josh, and her boys, Henry, other people—certainly know her work military and domestic priorities. This Will, and Charlie—all the best in this and salute her. bill is a long-awaited step toward re- next chapter of their lives. I know her In the Navy, when people do an espe- versing those cuts and allowing us to boys are her biggest fans and are so cially great job, we have two words reinvest in the American people. proud of the work she has done here in that we say: Bravo Zulu. I certainly I wish the President would actually the Senate. I promise you, she is going say those words this evening to read what is in the bill. He is calling to keep making you guys proud. Gabrielle. We also have a saying when these investments in our country’s pri- I will close with this. Every now and people are ready to weigh anchor and orities a waste. Can you imagine—in- then throughout our lives, we meet sail off into the sunrise and go on to vesting in the priorities of the United people and sometimes are even fortu- their next challenge or next assign- States of America a waste? nate enough to work with them—peo- ment. We always like to say: Fair This morning, he tweeted that they ple who are just a joy to be with, peo- winds and following seas. I say those were ‘‘Dem’’—I suppose he means ple who make our days brighter and words this evening somewhat reluc- Democrats—‘‘giveaways.’’ I would ask, our workload lighter. I know I speak tantly but with a great deal of affec- Mr. President, is it a giveaway to pro- for so many people when I say that tion and respect. vide medical care for the 7 million vet- Gabrielle is just that kind of person. Gabrielle, we love you, we will miss erans who rely on the VA? I would ask, We had breakfast today in the Senate you, and we will leave the light on. is it a giveaway to help the family in Dining Room. When we walked out, Mr. President, I yield the floor. Rutland, VT, heat their home during a going through the Capitol Building I suggest the absence of a quorum. dangerously cold winter so they can af- back to our offices in the Hart Building The PRESIDING OFFICER. The ford their groceries? I would ask, is it and the Dirksen Building, we passed so clerk will call the roll. a giveaway to finally take the opioid many people she knew, people who The bill clerk proceeded to call the crisis seriously by making investments knew her by name. I am the only per- roll. in research, treatment, and preven- son who calls her Gabrielle, which is Mr. LEAHY. Mr. President, I ask tion? her real name. Everybody else calls her unanimous consent that the order for The President slammed our efforts Gabby. The janitors, custodians, people the quorum call be rescinded. for budget parity, but he has since running the elevators, the pages—she The PRESIDING OFFICER. Without shamelessly held press conferences to is Gabby to them. objection, it is so ordered. tout initiatives only made possible by Sometimes people rise to senior and Mr. LEAHY. Mr. President, we are at this agreement, including the sizeable leadership positions, whether they hap- an interesting time. We have had new investments to counter the opioid pen to be elected or members of our months of intense negotiations, some- epidemic. Even though it was critical

VerDate Sep 11 2014 10:12 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.069 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1930 CONGRESSIONAL RECORD — SENATE March 22, 2018 that we put money in for that, he is ern border, the bill funds only a frac- I do not agree with everything in this now saying, of course, it was his idea. tion of that, and it includes important bill. When you have a package of this A budget is where you set your prior- restrictions on how the funds can be magnitude, there is always going to be ities. The President made clear in his used. matters included that we like and budget that his priorities do not rest The bill provides $641 million for 33 things on which we disagree. That is with the needs of hard-working, mid- miles of fencing in the Rio Grande Val- the nature of compromise, but the Sen- dle-class Americans. The bill rejects ley, $251 million to replace secondary ate was designed by the Founders of many of those areas where the Presi- fencing, which is already in San Diego, this country to require compromise. dent wanted cuts in the needs of hard- and $445 million for replacement of ex- This bill represents tangible progress working, middle-class Americans. In- isting pedestrian fencing. It speaks to that is going to benefit all Americans, stead, the bill sets a vision for the fu- real need, not to funding a campaign and I am proud of the compromise Re- ture of our country. We invest not only slogan. publicans and Democrats reached to- in the wealthiest among us but in mid- Incidentally, in the request, somehow gether. dle-class families and those who are the campaign promise that this would I thank my own staff. They have struggling to make their way and be paid for by Mexico, and not by worked days and nights and weekends. make their community better. American taxpayers, seems to have I am able to leave at night. They are We dedicate $18.25 billion to begin re- been forgotten. still working well past midnight. I was building our infrastructure. The Amer- Importantly, the bill includes lan- able to go to Vermont last weekend. I ican Society of Civil Engineers gives guage requiring the Department of worked with them by phone, but they our country’s infrastructure a D-plus. Homeland Security to use proven fence stayed here working throughout the A lot of countries have much higher. designs that currently exist on the bor- weekend—all hours, for several weeks, This was the collective grade for the der instead of allowing the President to and nonstop in the homestretch of fin- roads, bridges, dams, drinking water, build a 30-foot concrete wall, which ishing this comprehensive bill: wastewater, public parks, and schools would endanger our men and women My staff director, Chuck Kieffer, on which we all depend. That is not ac- who patrol the border. whose experience and depth of knowl- ceptable, not in this country, and this I would still like the President to tell edge has become essential to me in my bill is an important, long-overdue step us when and how he wants Mexico to role as vice chairman of the Appropria- toward bringing our infrastructure into cover these costs because, time and tions Committee. It was especially the 21st century. again, he promised the American peo- helpful, too, that Mr. Kieffer’s exper- The bill takes the opioid crisis seri- ple Mexico would a pay for it. Time and tise was available to any Senator who ously by investing $3.3 billion into law again, he gave us his word. We now asked—Republican or Democratic; enforcement, healthcare, and commu- know that was never a promise he Chanda Betourney, a native nity efforts that we know help to rid could keep. Vermonter, deputy staff director and our country of this scourge. The time One critical thing missing from this general counsel, who has taken with for sloganeering and sound bites is bill, though, is a remedy for the crisis her to these negotiations her Vermont over. I have always preferred substance the President has created, and that cri- values and her long Senate experience; over slogans, and the time for real, ef- sis relates to DACA recipients. I have Jessica Berry, another native fective, and meaningful investment in watched with fury as the President Vermonter, who has fought for many of ending this epidemic has arrived. has, day after day, tweeted the Demo- my priorities, and those of other Mem- Marcelle and I have met with too many crats are responsible for not addressing bers in this body, in this spending bill; Vermonters as we go around our State DACA. Late last night, he tweeted: Jay Tilton, my committee press sec- who are impacted by opioid abuse, too Democrats refused to take care of DACA. retary, who has gotten the word out far many neighbors and friends who are Would have been so easy, but they just didn’t and wide about the importance of this struggling to get the help they need or care. bill so everybody, even though we work to help those in need. I am glad that Balderdash. For nearly two decades, I all night long many times—people when I return to Vermont, I can say have been a proud supporter of the would know exactly what we have been that we heard them, and we delivered. DREAM Act. I included it in the 2013 doing; This bill strongly rejects the partisan comprehensive immigration bill. I Jean Kwon, who has provided hours package passed by House Republicans care. Democrats care. We voted for of support to the entire Appropriations in September, which would have reck- that bill on the floor of the Senate. Re- Committee staff. lessly slashed funding for domestic pri- publican leadership in the House re- I also thank the Democratic sub- orities by $68 billion below the bipar- fused to take it up. Yet, after prom- committee clerks for their support and tisan agreement introduced Wednes- ising before Members of Congress in their tireless efforts in crafting this day. Most importantly, this bill rejects both parties and the American people, bill: devastating cuts proposed by the making a big splash on TV, the Presi- Tim Rieser, Jessica Schulken, Jean Trump administration. These included dent said he would sign an agreement Toal Eisen, Erik Raven, Doug Clapp, the President’s proposed cuts to the to address DACA, but then he walked Ellen Murray, Scott Nance, Rachel Environmental Protection Agency, away from a bipartisan DACA and bor- Taylor, Alex Keenan, Melissa Zimmer- which helps ensure we have clean air der security compromise in February. man, Chad Schulken, and Dabney and drinking water. The bill rejects his There is no fix for DACA because the Hegg. cuts to job training, education, and President and the Republican leader- I also thank my dear friend, one of childcare programs that so many of our ship are not serious about getting one. the most senior Republicans in this Nation’s working families rely on. It I wish they would. This Senator is will- body, the chairman of the Appropria- rejects the President’s misguided pro- ing to sit down with any Senator—Re- tions Committee, THAD COCHRAN. It has posal to slash the budget for the De- publican or Democratic—if we can get been an honor and pleasure to serve partment of State. This bill also re- such an agreement. with him. Senator COCHRAN and I have jects the President’s misguided immi- This bill does strike more than 130 served together since 1978. We have gration priorities by refusing his re- poison pill riders. These riders would worked together on appropriations quest to hire an additional 850 ICE have restricted women’s access to matters, agriculture matters, every agents and increase the number of ICE healthcare. They would have rolled matter before this body. We have trav- detention beds. It also rejects his re- back environmental protections. They eled the world together to help carry quest to build a ‘‘big, beautiful wall’’ would have put significant restrictions out America’s interests. It has been a on the southern border—something on consumer financial protections. Had particular honor to work with him on that reflects last century’s technology. these riders stayed in, we would not this appropriations bill. It is his last in Instead of his original $1.6 billion re- have reached a successful conclusion to the U.S. Senate. As vice chairman, I quest for 74 miles of wall, which was this negotiation, notwithstanding the salute the chairman. He is going to be later increased to a request for $18 bil- all-night sessions of negotiating, not- sorely missed. I spoke about him ear- lion to build a wall on the entire south- withstanding the weekends. lier today.

VerDate Sep 11 2014 10:12 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.071 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1931 I thank Chairman COCHRAN’s staff for Thereupon, the Senate proceeded to EXECUTIVE CALENDAR all their hard work on this bill. Par- consider the nominations en bloc. Mr. MCCONNELL. Madam President, ticularly, I want to thank Bruce Evans Mr. MCCONNELL. I ask unanimous I ask unanimous consent that the Sen- consent that the Senate vote on the and Fitzhugh Elder. They both have ate proceed to the consideration of the nominations en bloc with no inter- had long careers in the U.S. Senate. following nomination: Executive Cal- vening action or debate; that if con- They share Chairman COCHRAN’s dedi- endar No. 721. firmed, the motions to reconsider be cation to this institution and his dedi- The PRESIDING OFFICER. Without considered made and laid upon the cation to his own State of Mississippi, objection, it is so ordered. table en bloc; that the President be im- and they have been a pleasure for me The clerk will report the nomination. mediately notified of the Senate’s ac- and my staff to work with. The senior assistant legislative clerk tion; that no further motions be in I say this to the Appropriations Com- read the nomination of Anne Marie order; and that any statements relat- mittee staff—both the Democrats and White, of Michigan, to be an Assistant ing to the nominations be printed in the Republicans, some who are in the Secretary of Energy (Environmental the RECORD. Chamber today—I thank you for the Management). long nights and weekends you worked The PRESIDING OFFICER. Is there objection? Thereupon, the Senate proceeded to to get this bill across the finish line. consider the nomination. We could not have done it without your Without objection, it is so ordered. The question is, Will the Senate ad- Mr. MCCONNELL. I ask unanimous hard work. I hope you will soon be able vise and consent to the nominations of consent that the Senate vote on the to spend time with your families and Thomas T. Cullen, of Virginia, to be nomination with no intervening action friends. I am sure they remember what United States Attorney for the West- or debate; that if confirmed, the mo- you looked like since you left to con- ern District of Virginia for the term of tion to reconsider be considered made tinue this work. Certainly, we Senators four years; Robert K. Hur, of Maryland, and laid upon the table; that the Presi- know what you look like because we to be United States Attorney for the dent be immediately notified of the have seen you practically around the District of Maryland for the term of Senate’s action; that no further mo- clock. The work has been worth it. Be- four years; and David C. Joseph, of tions be in order; and that any state- cause of the tremendous work the staff Louisiana, to be United States Attor- ments relating to the nomination be on both sides of the aisle and the lead- ney for the Western District of Lou- printed in the RECORD. ership staff have done, I urge an ‘‘aye’’ isiana for the term of four years? The PRESIDING OFFICER. Without vote on this bill. When we can, I hope The nominations were confirmed en objection, it is so ordered. this body will give a resounding aye bloc. The question is, Will the Senate ad- and send the bill to the President. f vise and consent to the White nomina- I don’t see any Senator seeking rec- tion? ognition, so I suggest the absence of a EXECUTIVE CALENDAR The nomination was confirmed. quorum. Mr. MCCONNELL. Madam President, f The PRESIDING OFFICER. The I ask unanimous consent that the Sen- clerk will call the roll. ate proceed to the en bloc consider- EXECUTIVE CALENDAR The senior assistant legislative clerk ation of the following nominations: Ex- Mr. MCCONNELL. Madam President, proceeded to call the roll. ecutive Calendar Nos. 330 and 331. I ask unanimous consent the Senate Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. Without proceed to the consideration of the fol- I ask unanimous consent that the order objection, it is so ordered. lowing nomination: Executive Calendar for the quorum call be rescinded. Thereupon, the Senate proceeded to No. 722. The PRESIDING OFFICER (Mrs. consider the nominations en bloc. The PRESIDING OFFICER. Without CAPITO). Without objection, it is so or- Mr. MCCONNELL. I ask unanimous objection, it is so ordered. dered. consent that the Senate vote on the The clerk will report the nomination. MEASURE READ THE FIRST TIME—S. 2629 nominations en bloc with no inter- The bill clerk read the nomination of Mr. MCCONNELL. Madam President, vening action or debate; that if con- Brent K. Park, of Tennessee, to be Dep- I understand there is a bill at the desk, firmed, the motions to reconsider be uty Administrator for Defense Nuclear and I ask for its first reading. considered made and laid upon the Nonproliferation, National Nuclear Se- The PRESIDING OFFICER. The table en bloc; that the President be im- curity Administration. clerk will read the bill by title for the mediately notified of the Senate’s ac- Thereupon, the Senate proceeded to first time. tion; that no further motions be in consider the nomination. The senior assistant legislative clerk order; and that any statements relat- Mr. MCCONNELL. Madam President, read as follows: ing to the nominations be printed in I ask unanimous consent that the Sen- A bill (S. 2629) to improve postal oper- the RECORD. ate vote on the nomination with no in- The PRESIDING OFFICER. Is there ations, service, and transparency. tervening action or debate; that if con- Mr. MCCONNELL. I now ask for a objection? Without objection, it is so ordered. firmed, the motion to reconsider be second reading and, in order to place considered made and laid upon the the bill on the calendar under the pro- The question is, Will the Senate ad- vise and consent to the nominations of table; that the President be imme- visions of rule XIV, I object to my own diately notified of the Senate’s action; request. Steven T. Mnuchin, of California, to be United States Governor of the Euro- that no further motions be in order; The PRESIDING OFFICER. Objec- and that any statements relating to tion is heard. pean Bank for Reconstruction and De- velopment, United States Governor of the nomination be printed in the The bill will receive its second read- RECORD. ing on the next legislative day. the African Development Fund, and United States Governor of the Asian The PRESIDING OFFICER. Without f Development Bank; and Steven T. objection, it is so ordered. EXECUTIVE SESSION Mnuchin, of California, to be United The question is, Will the Senate ad- States Governor of the International vise and consent to the Park nomina- Monetary Fund, United States Gov- tion? EXECUTIVE CALENDAR ernor of the African Development The nomination was confirmed. Mr. MCCONNELL. Madam President, Bank, United States Governor of the EXECUTIVE CALENDAR I ask unanimous consent that the Sen- Inter-American Development Bank, Mr. MCCONNELL. Madam President, ate proceed to executive session for the and United States Governor of the I ask unanimous consent that the Sen- en bloc consideration of the following International Bank for Reconstruction ate proceed to the en bloc consider- nominations: Executive Calendar Nos. and Development for a term of five ation of the following nominations: Ex- 762, 763, and 764. years? ecutive Calendar Nos. 723 and 725. The PRESIDING OFFICER. Without The nominations were confirmed en The PRESIDING OFFICER. Without objection, it is so ordered. bloc. objection, it is so ordered.

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.073 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1932 CONGRESSIONAL RECORD — SENATE March 22, 2018 Thereupon, the Senate proceeded to States Director of the European Bank To be major general consider the nominations en bloc. for Reconstruction and Development; Brig. Gen. Timothy J. Hilty Mr. MCCONNELL. Madam President, Kevin Edward Moley, of Arizona, to be IN THE NAVY I ask unanimous consent that the Sen- an Assistant Secretary of State (Inter- The following named officer for appoint- ate vote on the nominations en bloc national Organization Affairs); Jose- ment in the United States Navy to the grade with no intervening action or debate; phine Olsen, of Maryland, to be Direc- indicated while assigned to a position of im- that if confirmed, the motions to re- tor of the Peace Corps; and Marie portance and responsibility under title 10, consider be considered made and laid Royce, of California, to be an Assistant U.S.C., section 601: upon the table en bloc; that the Presi- Secretary of State (Educational and To be vice admiral dent be immediately notified of the Cultural Affairs)? Vice Adm. Matthew J. Kohler Senate’s action; that no further mo- The nominations were confirmed en IN THE AIR FORCE tions be in order; and that any state- bloc. The following named officers for appointments relating to the nominations be f ment in the United States Air Force to the printed in the RECORD. grade indicated under title 10, U.S.C., section The PRESIDING OFFICER. Without NOMINATION DISCHARGED 624: objection, it is so ordered. Mr. MCCONNELL. Madam President, To be major general The question is, Will the Senate ad- I ask unanimous consent that the Com- Brig. Gen. Vincent K. Becklund vise and consent to the nominations of mittee on Environment and Public Brig. Gen. Charles S. Corcoran James Edwin Williams, of Utah, to be Works be discharged and the Senate Brig. Gen. Barry R. Cornish Chief Financial Officer, Department of proceed to the consideration of the fol- Brig. Gen. Christopher E. Craige Brig. Gen. Andrew A. Croft Labor; and Mark Schneider, of the Dis- lowing nomination: PN1369. Brig. Gen. Allan E. Day trict of Columbia, to be Director of the The PRESIDING OFFICER. Without Brig. Gen. Eric T. Fick Institute of Education Science, Depart- objection, it is so ordered. Brig. Gen. Chad P. Franks ment of Education for a term of six The clerk will report the nomination. Brig. Gen. John R. Gordy, II years? The bill clerk read the nomination of Brig. Gen. Gregory M. Guillot The nominations were confirmed en Tim Thomas, of Kentucky, to be Fed- Brig. Gen. Stacey T. Hawkins bloc. eral Cochairman of the Appalachian Brig. Gen. Cameron G. Holt Regional Commission. Brig. Gen. Kevin A. Huyck f Brig. Gen. David J. Julazadeh Thereupon, the Senate proceeded to EXECUTIVE CALENDAR Brig. Gen. Kevin B. Kennedy consider the nomination. Brig. Gen. Kyle J. Kremer Mr. MCCONNELL. Madam President, Mr. MCCONNELL. Madam President, Brig. Gen. Peter J. Lambert I ask unanimous consent that the Sen- I ask unanimous consent that the Sen- Brig. Gen. William J. Liguori, Jr. ate proceed to the en bloc consider- ate vote on the nomination with no in- Brig. Gen. Randall Reed ation of the following nominations: Ex- tervening action or debate; that if con- Brig. Gen. Lenny J. Richoux ecutive Calendar Nos. 616, 752, 753, 754, firmed, the motion to reconsider be Brig. Gen. Carl E. Schaefer 755, 756, 759, 760, and 761. considered made and laid upon the Brig. Gen. John E. Shaw The PRESIDING OFFICER. Without Brig. Gen. Brad M. Sullivan table; that the President be imme- Brig. Gen. Stephen C. Williams objection, it is so ordered. diately notified of the Senate’s action; IN THE MARINE CORPS Thereupon, the Senate proceeded to that no further motions be in order; consider the nominations en bloc. The following named officers for appoint- and that any statements relating to ment in the United States Marine Corps to Mr. MCCONNELL. Madam President, the nomination be printed in the I ask unanimous consent that the Sen- the grade indicated under title 10, U.S.C., RECORD. section 624: ate vote on the nominations en bloc The PRESIDING OFFICER. Without To be major general with no intervening action or debate; objection, it is so ordered. that if confirmed, the motions to re- Brig. Gen. James W. Bierman, Jr. The question is, Will the Senate ad- Brig. Gen. David J. Furness consider be considered made and laid vise and consent to the Thomas nomi- Brig. Gen. John M. Jansen upon the table en bloc; that the Presi- nation? Brig. Gen. Michael E. Langley dent be immediately notified of the The nomination was confirmed. Brig. Gen. David A. Ottignon Senate’s action; that no further mo- Brig. Gen. Thomas D. Weidley f tions be in order; and that any state- IN THE AIR FORCE ments relating to the nominations be EXECUTIVE CALENDAR The following named officer for appoint- printed in the RECORD. Mr. MCCONNELL. Mr. President, I ment in the United States Air Force to the The PRESIDING OFFICER. Without ask unanimous consent that the Sen- grade indicated while assigned to a position objection, it is so ordered. ate proceed to the en bloc consider- of importance and responsibility under title The question is, Will the Senate ad- ation of Executive Calendar Nos. 742 10, U.S.C., section 601: vise and consent to the nominations of through 751 and all nominations on the To be general Carlos Trujillo, of Florida, to be Per- Secretary’s Desk; that the nominations Lt. Gen. Timothy M. Ray manent Representative of the United be confirmed; that the motions to re- The following named officer for appointment in the United States Air Force to the States of America to the Organization consider be considered made and laid of American States, with the rank of grade indicated while assigned to a position upon the table with no intervening ac- of importance and responsibility under title Ambassador; Robert Frank Pence, of tion or debate; that no further motions 10, U.S.C., section 601: Virginia, to be Ambassador Extraor- be in order; that any statements re- To be lieutenant general dinary and Plenipotentiary of the lated to the nominations be printed in Maj. Gen. David D. Thompson United States of America to the Repub- the RECORD; that the President be im- IN THE NAVY lic of Finland; Edward Charles Prado, mediately notified of the Senate’s ac- The following named officer for appoint- of Texas, to be Ambassador Extraor- tion, and the Senate then resume legis- dinary and Plenipotentiary of the ment in the United States Navy to the grade lative session. indicated while assigned to a position of im- United States of America to the Argen- The PRESIDING OFFICER (Mr. portance and responsibility under title 10, tine Republic; Trevor D. Traina, of ROUNDS). Without objection, it is so or- U.S.C., section 601: California, to be Ambassador Extraor- dered. To be admiral dinary and Plenipotentiary of the The nominations considered and con- Vice Adm. Christopher W. Grady United States of America to the Repub- firmed are as follows: The following named officer for appoint- lic of Austria; Erik Bethel, of Florida, IN THE ARMY ment in the United States Navy to the grade to be United States Alternate Execu- indicated while assigned to a position of im- The following named Army National Guard portance and responsibility under title 10, tive Director of the International Bank of the United States officer for appointment U.S.C., section 601: for Reconstruction and Development in the Reserve of the Army to the grade indi- for a term of two years; Judy Lynn cated under title 10, U.S.C., sections 12203 To be vice admiral Shelton, of Virginia, to be United and 12211: Rear Adm. Timothy J. White

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.075 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1933 The following named officer for appoint- PN1695 ARMY nomination of Wilson R. RECOGNIZING IRISH IMMIGRANTS ment in the United States Navy to the grade Ramos, which was received by the Senate AND IRISH-AMERICANS IN ILLI- indicated under title 10, U.S.C., section 624: and appeared in the Congressional Record of NOIS To be rear admiral (lower half) March 6, 2018. PN1696 ARMY nomination of Curtis D. Mr. DURBIN. Mr. President, this past Capt. David A. Welch Bowe, which was received by the Senate and Saturday was St. Patrick’s Day. The The following named officer for appoint- appeared in the Congressional Record of city of Chicago celebrated, as it has ment in the United States Navy to the grade March 6, 2018. indicated while assigned to a position of im- every St. Patrick’s Day since 1962, by PN1697 ARMY nomination of Carl E. Fos- portance and responsibility under title 10, dyeing the Chicago River a deep emer- ter, III, which was received by the Senate U.S.C., section 601: ald green. and appeared in the Congressional Record of In the Windy City and in cities and To be vice admiral March 6, 2018. Rear Adm. Scott A. Stearney PN1698 ARMY nomination of Michael A. towns throughout Illinois, across America, and around much of the NOMINATIONS PLACED ON THE SECRETARY’S Fowles, which was received by the Senate world, people wore green and attended DESK and appeared in the Congressional Record of March 6, 2018. St. Patrick’s Day parades and parties. IN THE AIR FORCE PN1699 ARMY nomination of Andrew K. No nation—including Ireland her- PN1684 AIR FORCE nomination of Arthur Sinden, which was received by the Senate self—celebrates St. Patrick’s Day with W. Primas, Jr., which was received by the and appeared in the Congressional Record of as much enthusiasm as Americans do. Senate and appeared in the Congressional March 6, 2018. Whether your ancestors came to this Record of March 6, 2018. PN1700 ARMY nominations (2) beginning PN1685 AIR FORCE nomination of Gregory D013264, and ending D013298, which nomina- country from Dublin or the Dominican J. Payne, which was received by the Senate tions were received by the Senate and ap- Republic, from Galway or Greece, on and appeared in the Congressional Record of peared in the Congressional Record of March March 17, as the saying goes, everyone March 6, 2018. 6, 2018. is Irish. PN1686 AIR FORCE nomination of Michael PN1701 ARMY nomination of Christopher But America didn’t always love the J. Patterson, which was received by the Sen- F. Ruder, which was received by the Senate Irish. From the middle of the 19th cen- ate and appeared in the Congressional and appeared in the Congressional Record of tury and well into the 20th century, it Record of March 6, 2018. March 6, 2018. was not uncommon for employment PN1687 AIR FORCE nomination of Brad R. PN1736 ARMY nominations (2) beginning Matherne, which was received by the Senate JOHN J. MORRIS, and ending MIN S. RO, ads in America to carry the warning: and appeared in the Congressional Record of which nominations were received by the Sen- ‘‘No Irish Need Apply.’’ In 1857, Harpers March 6, 2018. ate and appeared in the Congressional Weekly asserted that ‘‘nearly 75 per- PN1688 AIR FORCE nomination of Jona- Record of March 12, 2018. cent of our criminals and paupers are than A. Morris, which was received by the PN1737 ARMY nominations (2) beginning Irish . . . [and] 75 percent of the crimes Senate and appeared in the Congressional CHRISTOPHER M. BELL, and ending of violence committed among us are Record of March 6, 2018. ADRIANA B. DEJULIO, which nominations the work of Irishmen.’’ IN THE ARMY were received by the Senate and appeared in Irish immigrants had been an inte- PN1563 ARMY nominations (533) beginning the Congressional Record of March 12, 2018. gral part of America since our earliest PN1738 ARMY nomination of Mikal L. RACHEL L. ADAIR, and ending D014124, Stoner, which was received by the Senate days as a nation. Nine of the 56 men which nominations were received by the Sen- and appeared in the Congressional Record of who signed the Declaration of Inde- ate and appeared in the Congressional March 12, 2018. pendence were Irish Americans. They Record of February 5, 2018. PN1564 ARMY nominations (35) beginning IN THE MARINE CORPS included four men who were born in ROSE ABIDO, and ending JOSEPH P. PN1432 MARINE CORPS nominations (7) Ireland. And Irish Americans fought WZOREK, II, which nominations were re- beginning ERIC G. BURNS, and ending and died in the Revolutionary War to ceived by the Senate and appeared in the DAVID P. SHEEHAN, which nominations secure America’s freedom from Eng- Congressional Record of February 5, 2018. were received by the Senate and appeared in land. PN1575 ARMY nominations (2) beginning the Congressional Record of January 8, 2018. The Irish who came to America be- JOHN P. KILBRIDE, and ending JOHN J. PN1491 MARINE CORPS nominations (2) ginning in the mid–1840s, however, were NEAL, which nominations were received by beginning THESOLINA D. HUBERT, and different than the earlier arrivals from the Senate and appeared in the Congres- ending TIMOTHY W. WILLIAMS, which Erin’s shores. These were ‘‘the Famine sional Record of February 5, 2018. nominations were received by the Senate and PN1581 ARMY nominations (530) beginning appeared in the Congressional Record of Jan- Irish.’’ They fled Ireland to escape one GREGORY J. ABIDE, and ending G010452, uary 18, 2018. of the greatest catastrophes ever to be- which nominations were received by the Sen- PN1592 MARINE CORPS nominations (337) fall that nation. ate and appeared in the Congressional beginning BENJAMIN S. ADAMS, and end- We know it today as ‘‘the potato Record of February 5, 2018. ing CARL L. ZEPPEGNO, which nomina- famine.’’ In Ireland, it was called ‘‘the PN1582 ARMY nominations (993) beginning tions were received by the Senate and ap- Great Hunger’’ or, in Gaelic, the old STEVEN ABADIA, and ending G010479, which peared in the Congressional Record of Feb- Irish tongue, ‘‘An Gorta Mor.’’ nominations were received by the Senate and ruary 5, 2018. In 1845, a fungus, carried to Ireland appeared in the Congressional Record of Feb- PN1611 MARINE CORPS nomination of from America, destroyed all of Ire- ruary 5, 2018. Aaron J. King, which was received by the PN1629 ARMY nomination of Steven M. Senate and appeared in the Congressional land’s potato crops. All across Ireland, Hemmann, which was received by the Senate Record of February 8, 2018. potato fields turned black and rotted and appeared in the Congressional Record of IN THE NAVY from the blight. February 13, 2018. Ireland was not an independent na- PN1740 NAVY nomination of Jeffrey G. PN1691 ARMY nominations (35) beginning Bentson, which was received by the Senate tion then, as it is now. It had been oc- HAYLEY R. ASHBAUGH, and ending JOR- and appeared in the Congressional Record of cupied and ruled for hundreds of years DAN N. YOLLES, which nominations were March 12, 2018. by England, and most of the land was received by the Senate and appeared in the f owned by absentee English landlords. Congressional Record of March 6, 2018. The native Irish were mostly tenant PN1692 ARMY nominations (62) beginning LEGISLATIVE SESSION JEFFREY A. ANDERSON, and ending farmers, what Americans would call D012878, which nominations were received by The PRESIDING OFFICER. The Sen- ‘‘sharecroppers,’’ allowed to farm only the Senate and appeared in the Congres- ate will now resume legislative session. tiny plots of land. The calorie-rich po- sional Record of March 6, 2018. f tato became the subsistence crop for PN1693 ARMY nominations (169) beginning the Irish, the one crop they could grow AHMAD B. ALEXANDER, and ending STE- MORNING BUSINESS on their small parcels of land that VEN D. ZUMBRUN, which nominations were Mr. MCCONNELL. Mr. President, I could feed a family. received by the Senate and appeared in the ask unanimous consent that the Sen- When the potato crops failed, Eng- Congressional Record of March 6, 2018. ate be in a period of morning business, land refused to intervene. Some in Eng- PN1694 ARMY nominations (137) beginning ASHLEY K. AITON, and ending TRACY L. with Senators permitted to speak land warned that providing emergency ZINN, which nominations were received by therein for up to 10 minutes each. food relief to the starving Irish would the Senate and appeared in the Congres- The PRESIDING OFFICER. Without disrupt with the workings of a free sional Record of March 6, 2018. objection, it is so ordered. market. Others declared that famine

VerDate Sep 11 2014 10:12 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.038 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1934 CONGRESSIONAL RECORD — SENATE March 22, 2018 and death were God’s way of punishing side of Lincoln and the Union. They in- He returned to Belvidere, IL, after the Irish. cluded some of Lincoln’s best generals. the war, and in 1869, he moved to Starving Irish who could no longer Among them was Brigadier General Saunemin, IL, where he made his living pay their rent were driven off their Thomas Francis Meagher. A brilliant as a farmhand and church janitor. land and into workhouses. Others died orator and the son of a wealthy Catho- In 1911, after he was hit by a car and on the sides of roads, their mouths lic family in Ireland, Meagher was a was no longer able to work, Albert stained green from eating grass. Soon, leader in a failed 1848 revolution in Ire- Cashier moved to the soldiers and sail- typhus and cholera were claiming as land called the Young Ireland Rebel- ors home in Quincy, Illinois. many lives as starvation. lion. He was convicted of treason and His mental state deteriorated, and he When the Great Hunger began, 3 mil- sentenced to a life in exile in an Aus- was moved to Watertown State Hos- lion people lived in Ireland. Three tralian penal colony. Within 3 years, he pital for the Insane. It was there that years later, 1 million people had died, had escaped to New York and became a hospital staff discovered his secret and and another 1 million had fled Ireland, prominent attorney. told it to newspapers: Albert Cashier most of them to America. In the period Thomas Meagher’s remarkable, im- was born Jennie Hodgers. between 1845 and 1860, approximately probable life is told in an excellent new The reactions were disastrous for 20,000 Irish a month were flooding into biography, ‘‘The Immortal Irishman,’’ Private Cashier. The government America. by National Book Award winner Tim- charged him with defrauding the gov- They called America ‘‘An t-Oilean othy Egan. I recommend it highly. ernment in order to receive a pension. Ur’’—‘‘The Fresh Land,’’ but many of When the Civil War broke out, Tom The case was dropped after Private the old prejudices followed them. The Meagher wrote to President Lincoln Cashier’s comrades from the 95th Illi- Famine Irish, the first large group of seeking permission to form an ethnic nois rallied to his defense. non-Protestants immigrants to Amer- Irish brigade. He recruited a full com- The hospital staff forced Private ica, were derided as superstitious Pa- pany of infantrymen to be attached to Cashier to wear women’s clothing. At pists incapable of adapting to Amer- the U.S. 69th Infantry Regiment New 67 and frail, he tripped on his skirt, ica’s Anglo-Saxon culture. York State Volunteers. broke his hip, and spent the rest of his Irish Americans were denounced as ‘‘The Fighting 69th’’ fought in some life despondent and bedridden. ‘‘simian’’ or apelike. of the war’s bloodies conflicts, includ- He died on October 10, 1915, and was An editorial published in the Chicago ing the first battle of Bull Run and the buried in the Army uniform he had Tribune in 1855 captured the antipathy battles of Antietam and kept intact all those years. His tomb- with which many native-born Ameri- Chancellorsville. After seeing stone was inscribed ‘‘Albert D. J. Cash- cans regarded Irish immigrants. It ier, Co. G, 95 Ill. Inf.’’ asked, ‘‘Who does not know that the Meagher’s men at the Battle of Fred- Albert Cashier is one of the best most depraved, debased, worthless and ericksburg, General Robert E. Lee de- known of the 400 women who fought in irredeemable drunkards and sots which clared, ‘‘Never were men so brave.’’ the Civil War. curse the community are Irish Catho- The Fighting 69th was not the only Whether Private Cashier was lics?’’ Irish brigade fighting for the Union. In the 1850s, a new political party This year, Illinois is celebrating its transgender or simply a woman unwill- emerged. The Native American Party, 200th anniversary as a State. Among ing to accept the severe limits imposed better known as the ‘‘Know Nothings,’’ the countless chapters in our State’s on women in the 19th century will like- was virulently anti-Catholic and anti- history in which we take pride is the ly never be known. immigrant. story of the 23rd Regiment of the Illi- This much is clear, however: The Many politicians were cowed by the nois Infantry, Illinois’ own ‘‘Irish Bri- brave service of Irish Americans in the anger of the Know Nothings, but Abra- gade.’’ Civil War helped to diminish the hos- ham Lincoln was not. Lincoln em- The brigade’s commander, James tility that greeted the Famine Irish. ployed Irish staff at his home in Mulligan, was born in New York and Within two or three generations, Amer- Springfield and, later, in the White moved to Chicago as a boy. He became icans would elect two Irish-American House. He donated to Irish famine re- the first graduate of Chicago’s first Presidents: John Fitzgerald Kennedy, lief. university, St. Mary’s of the Lake. still the only Catholic President, and In a letter he wrote to a friend in Later, he became a lawyer and a friend Ronald Reagan. 1855, he came out foursquare against and confidant of Stephen Douglas. Some of the voices we hear in today’s Know Nothingness. ‘‘How can anyone When the Civil War broke out, Mul- immigration debate would sound right who abhors the oppression of Negroes, ligan placed an ad in the Chicago Trib- at home among the Know Nothings of be in favor or degrading classes of une on April 20, 1861, calling for a rally Lincoln’s time. Sadly, one of the loud- white people?’’ he asked. ‘‘Our progress that evening. Thirty-two men enlisted est of those harsh voices belongs to the in degeneracy appears to me to be pret- at the rally; 3 days later, 1,000 men had current President of the United States. ty rapid,’’ As a nation, we began by de- joined the regiment. President Trump opened his cam- claring that ‘all men are created Mulligan’s Irish brigade spent most paign by vilifying Mexican immi- equal.’ We now practically read it ‘all of the war in Virginia. They partici- grants. He tried to ban visitors from men are created equal, except Negroes.’ pated in Siege of Petersburg, and they seven predominantly Muslim nations When the Know-Nothings get control, were present for Lee’s surrender at Ap- from entering the United States. He it will read ‘all men are created equal, pomattox. has cruelly placed Dreamers in legal except Negroes, and foreigners, and James Mulligan did not live to see jeopardy. He has recommended cutting Catholics.’ When it comes to this,’’ the Union victory. He was wounded on legal immigration—legal immigra- Lincoln continued, ‘‘I should prefer September 19, 1864, at the third battle tion—to America by one-half, to its emigrating to some country where on Winchester. As his Irish soldiers lowest levels since the 1920s. they make no presence of loving lib- rushed to his side, Mulligan saw that President Trump’s anti-immigrant, erty—to Russia, for instance, where the colors of the 23rd Illinois were antirefugee proposals are an affront to despotism can be taken pure, and with- about to be captured, and he gave his America’s history as a nation of immi- out the base alloy of hypocrisy.’’ men an order, ‘‘Lay me down, and save grants, and they would deal a harsh A decade later, Lincoln’s brave re- the flag.’’ blow to our economic future. If you fusal to embrace the bigotry of the The colors were saved; Mulligan was doubt it, just ask yourself: Where Know Nothings helped save the Union. captured and died of his wounds in Con- would America’s economy be today Although Irish Americans were mostly federate captivity. without the contributions of immi- Democrats, they heeded the call of Private Albert Cashier was an Irish grants Sergey Brin and Elon Musk, or America’s first Republican President immigrant who fought for 3 years with Steve Jobs, the son of a Syrian immi- to save the Union when slavery threat- the 95th Illinois Infantry, Company G. grant? ened to destroy it. At just 5’ 3’’, he was the smallest man I believe that future generations of During the Civil War, more than in his company and, many said, the Americans will look back on today’s 150,000 of the reviled Irish rallied to the bravest. anti-immigrant agitators with sadness

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.077 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1935 and bewilderment. They will applaud enrollment of 312 students, but what ceeding from becoming public. This those Americans who worked to pre- came along with that small campus hides misconduct from regulators and serve America’s values as a nation of was the gold for Ashford: regional ac- accreditors, often allowing for-profit immigrants. creditation. That accreditation opened colleges like Ashford to continue ille- I am proud to say that one of those the company’s coffers to millions in gal practices for years without detec- champions is an Irish immigrant from Federal student aid funds. tion. Chicago. His name is Billy Lawless. He Since that time, Ashford has closed In addition to receiving millions of moved to America with his family the Iowa campus and become an online dollars in Department of Education nearly 20 years ago. giant, enrolling more than 40,000 stu- title IV funds, Ashford also heavily re- Billy, his wife, Anne, and their four dents across the country and taking in cruits veterans and servicemembers grown children are all American citi- almost $390 million in Federal title IV who qualify for Department of Vet- zens now. Together, they own some of funds. erans Affairs G.I. bill funds. the best, most popular restaurants and Boy, have Ashford executives and You see, for-profit colleges see vet- pubs in Chicago. owners gotten rich. From 2014 to 2016, erans and servicemembers as gold. Billy Lawless is also a tireless and el- Bridgepoint’s CEO, Andrew Clark, Federal law prohibits for-profit col- oquent advocate for immigration re- made more than $10 million in total leges from receiving more than 90 perform. It is not just Irish immigrants compensation. cent of their revenue from Federal that he cares about; it is all immi- Meanwhile, its students have been sources, but rather than counting all grants and refugees. He is chairman of left buried in debt with worthless di- taxpayer-funded education assistance a group called Chicago Celts for Immi- plomas that employers often don’t rec- programs, including VA G.I. bill and gration Reform and a founding member ognize. According to a recent Brook- Department of Defense tuition assist- of the Illinois Business Immigration ings study, as of 2014, Ashford student ance, current law only counts title IV Coalition. cumulatively owed almost $6 billion in funds as Federal revenue. Two years ago, he gained another, ex- Federal student loan debt, making it This means that by aggressively tar- traordinary platform from which to ad- one of eight for-profit schools in the geting and recruiting veterans and vocate for just immigration policies. top 10 schools whose students owe the servicemembers, for-profit colleges like Lawless, who holds duel U.S.-Irish citi- most cumulative debt. Of the Ashford Ashford can receive an unlimited zenship, was appointed to serve in the students who left in 2009, nearly half amount of their revenue straight from Irish Senate, representing the Irish Di- had defaulted on their debt 5 years the Federal Treasury. aspora overseas. later. Marine veteran James Long found ‘‘The America that I believe in,’’ he Just like Corinthian and ITT Tech, himself on the receiving end of that ag- says, ‘‘is a humane nation. It is the Ashford has been the subject of numer- gressive recruiting. A few years ago, land of the free, the land of oppor- ous Federal and State investigations Bloomberg told his story: tunity, and the land of immigrants.’’ and lawsuits. His Humvee was struck by artillery shells Let us remember that this month, as Ashford is currently being inves- in Iraq. He suffered a severe brain injury. tigated by State attorneys general in While recovering at Camp Lejeune, he was we celebrate the contributions of Irish visited by an Ashford recruiter who signed immigrants to America. Iowa, Massachusetts, New York, and him up for classes. But despite knowing he f North Carolina, as well as the U.S. Se- was enrolled, his brain injury was so severe curities and Exchange Commission and FOR-PROFIT COLLEGES that he couldn’t remember what courses he U.S. Department of Justice. The Cali- was enrolled in. Mr. DURBIN. Mr. President, it has fornia Attorney General is currently The California Attorney General’s been nearly 4 years since the collapse suing Ashford for ‘‘defrauding and de- complaint against Ashford includes the of Corinthian Colleges and almost 2 ceiving students.’’ stories of two other veterans. years since the collapse of ITT Tech, In addition, in 2014, Ashford was First, an Army Reserve veteran re- two of the largest college collapses in forced to pay $7.25 million in a settle- ferred to as P.M. was encouraged by U.S. history. ment with the Iowa Attorney General Ashford representatives to attend These infamous companies left tens for consumer fraud. Once again, courses at a local community college of thousands of students in the lurch, Ashford used false and misleading while taking classes at Ashford. interrupting their education and leav- statements, as well as unfair and high- P.M. was told that, by attending a ing them with worthless credits and pressure sales tactics to lure students ground-based campus rather than just tons of debt. into enrolling and taking on debt. Ashford’s online classes, he would qual- Rather than being anomalies, these Just last year, Ashford agreed to pay ify for a higher monthly housing allow- companies embodied the for-profit col- $30 million to the Consumer Financial ance under the G.I. bill, and he could lege industry, an industry that enrolls Protection Bureau for deceptive acts transfer his community college credits only 9 percent of all postsecondary stu- and practices, including misleading toward his Ashford program. He was dents but accounts for 33 percent of all students about their student loan pay- later ‘‘alarmed’’ to find that Ashford Federal student loan defaults. The ments. limited the number of credits he could same predatory practices that took Also like Corinthian and ITT Tech, transfer and refused to recognize some down Corinthian and ITT Tech are Ashford uses mandatory predispute ar- of the courses he had previously com- commonplace throughout the for-profit bitration clauses to hide its mis- pleted. college industry, even today. conduct and prevent students from As a result, P.M. had to take addi- So this notion that some would have holding them accountable in court. tional courses at Ashford, receiving the you believe—that, with Corinthian and These clauses, often buried in stacks lower housing allowance rate, to make ITT Tech gone, this industry is magi- of enrollment documents that students up for the lost credits. He then ‘‘fell be- cally cleaned up and purged of bad ac- must sign in order to take classes, hind on his rent, had to take on an- tors—is nothing more than an attempt force students to give up their right to other job to keep up with his bills, and by the industry to justify rolling back sue the school of misconduct either as his credit score suffered.’’ In addition, important consumer protections like individuals or part of a class. The prac- he wasted part of his limited G.I. bill the Gainful Employment and Borrower tice is almost unheard of at public and education benefits on courses that he Defense rules. legitimate not-for-profit institutions, could not put toward a degree. Case in point: Ashford University is but is a hallmark of the for-profit col- Another veteran, ‘‘P.J.,’’ was told owned by Bridgepoint Education. This lege industry. that Ashford would accept most of the is a company that, from its very incep- Not only does the practice steer dis- 140 credits he had earned at other insti- tion, has shown a determination to putes into arbitration proceeding tutions and could expect to graduate work the system in order to profit. where the deck is often stacked against within 18 months. He was also assured It all began in 2005, when a group of the student, nondisclosure agreements that he would be able to transfer his investors bought a tiny Catholic col- often prevent the alleged misconduct Ashford credits to a community college in Iowa, which at the time had an or the outcome of the arbitration pro- lege.

VerDate Sep 11 2014 10:12 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.077 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1936 CONGRESSIONAL RECORD — SENATE March 22, 2018 After he had already enrolled and sions and Bridgepoint’s own long gistics Supply Support Agreement (CLSSA) began taking classes at Ashford, P.J. record of misconduct. for common spares/repair parts to support discovered that Ashford had accepted Despite the closure of Corinthian and Saudi Arabia’s fleet of M1A2 Abrams tanks, none of his credits from other schools ITT Tech, companies like Ashford con- M2 Bradley Fighting Vehicles, High Mobility Multipurpose Wheeled Vehicles (HMMWVs), despite their promises. When he later tinue to exploit students and veterans Light Armored Vehicles (LANs), M198 Towed tried to transfer his Ashford credits to while raking in billions in Federal tax- Howitzers, additional support, and other re- two other schools, he found that nei- payer dollars, using every possible lated elements of logistics and program sup- ther would accept them. scheme they can think of to do it. port. This is how Ashford treats veterans. Until Secretary DeVos stops siding (iv) Military Department: Army (XX–B– In recent years, Ashford has taken in with her friends in the for-profit col- KYN). as much as $38 million in G.I. bill funds lege industry or Congress acts, stu- (v) Prior Related Cases, if any: SR–B–KYM, and is currently engaged in a fight to dents will continue to be harmed and SR–B–KYL, SR–B–KSB, SR–B–KRK, SR–B– maintain eligibility to receive these taxpayer dollars will continue to line KRI, SR–B–KRE, SR–B–KRB, SR–B–KRA, funds in the future. the pockets of cheats and crooks. SR–B–KLF, SR–B–KEZ, SR–B–UBW. Here is what it boils down to: Ashford f (vi) Sales Commission, Fee, etc., Paid, Of- is not approved for G.I. bill benefits by fered, or Agreed to be Paid: None. the California State Approving Agency, ARMS SALES NOTIFICATION (vii) Sensitivity of Technology Contained a requirement for it to be eligible for Mr. CORKER. Mr. President, section in the Defense Article or Defense Services G.I. bill funds nationwide. The com- 36(b) of the Arms Export Control Act Proposed to be Sold: None. pany has spent months on dubious requires that Congress receive prior no- (viii) Date Report Delivered to Congress: legal action and other schemes to skirt tification of certain proposed arms March 22, 2018. Federal G.I. bill eligibility require- sales as defined by that statute. Upon *As defined in Section 47(6) of the Arms ments. The matter is now in court. such notification, the Congress has 30 Export Control Act. With its G.I. bill eligibility in doubt, calendar days during which the sale POLICY JUSTIFICATION Ashford announced in November it may be reviewed. The provision stipu- would voluntarily suspend new enroll- lates that, in the Senate, the notifica- Saudi Arabia—Royal Saudi Land Forces Ord- ments of veterans using G.I. bill funds. tion of proposed sales shall be sent to nance Corps Foreign Military Sales Order (FMSO) II Case This would prevent new veterans from the chairman of the Senate Foreign being put at risk and additional tax- Relations Committee. The Government of the Kingdom of Saudi payer dollars being wasted should the In keeping with the committee’s in- Arabia has requested a possible purchase of a company lose eligibility. tention to see that relevant informa- new Foreign Military Sales Order (FMSO) II As reported by The Chronicle of to provide funds for blanket order req- tion is available to the full Senate, I uisitions under a Cooperative Logistics Sup- Higher Education, the company re- ask unanimous consent to have printed sumed new G.I. bill enrollments in Feb- ply Support Agreement (CLSSA) for common in the RECORD the notifications which spares/repair parts to support Saudi Arabia’s ruary and acknowledged on a call with have been received. If the cover letter fleet of M1A2 Abrams tanks, M2 Bradley investors that the suspension had references a classified annex, then such Fighting Vehicles, High Mobility Multipur- ‘‘negatively impacted fourth-quarter annex is available to all Senators in pose Wheeled Vehicles (HMMWVs), Light Ar- performance.’’ That is right; the com- the office of the Foreign Relations mored Vehicles (LAVs), M198 Towed Howit- pany made the blatant decision that Committee, room SD–423. zers, additional support, and other related elements of logistics and program support. profits are more important than vet- There being no objection, the mate- erans. The total estimated program cost is $300 mil- rial was ordered to be printed in the lion. Last week, Senator HASSAN and I RECORD, as follows: sent a letter to Bridgepoint’s CEO, An- This proposed sale will contribute to U.S. DEFENSE SECURITY foreign policy and national security objec- drew Clark, expressing our outrage and COOPERATION AGENCY, calling on him to immediately halt tives by helping to improve the security of a Arlington, VA. friendly country which has been, and con- new enrollments until their G.I. bill Hon. BOB CORKER, tinues to be, an important force for political eligibility is resolved with the VA. If Chairman, Committee on Foreign Relations, stability and economic growth in the Middle the company fails to do so, it will lay U.S. Senate, Washington, DC. East. This potential sale is consistent with bare the true disregard they have for DEAR MR. CHAIRMAN: Pursuant to the re- U.S. initiatives to provide key allies in the the students, especially veterans, they porting requirements of Section 36(b)(1) of region with modern systems that will en- claim to serve. the Arms Export Control Act, as amended, hance interoperability with U.S. forces and we are forwarding herewith Transmittal No. increase stability. Also last week, Bridgepoint an- 17–60, concerning the Army’s proposed Let- The primary objective of this proposed sale nounced that it is up to even more she- ter(s) of Offer and Acceptance to Saudi Ara- is to allow the Royal Saudi Land Forces Ord- nanigans. It will attempt to separate bia for defense articles and services esti- nance Corps to continue to purchase needed from Ashford and another school it mated to cost $300 million. After this letter spare/repair parts to maintain Saudi Ara- is delivered to your office, we plan to issue a owns to become an Online Program bia’s fleet of M1A2 Abrams Tanks, M2 Brad- news release to notify the public of this pro- Management company while Ashford ley Fighting Vehicles, High Mobility Multi- posed sale. seeks to become a not-for-profit col- purpose Wheeled Vehicles (HMMWVs), Light Sincerely, lege. If approved, this complicated ma- Armored Vehicles (LAVs), M198 Towed How- GREGORY M. KAUSNER itzers, additional support vehicles and other neuver would mean that Ashford would (for Charles W. Hooper, Lieutenant related logistics support as part of the Coop- no longer have to abide by the Federal General, USA, Director). erative Logistics Supply Support Arrange- 90-10 rule or other accountability meas- Enclosures. ment (CLSSA) program. Saudi Arabia will ures focused on for-profit colleges. TRANSMITTAL NO. 17–60 At the same time, other for-profit have no difficulty absorbing this equipment Notice of Proposed Issuance of Letter of and support into its armed forces. conversions have been structured in a Offer Pursuant to Section 36(b)(1) of the way that their owners are still able to The proposed sale of this equipment and Arms Export Control Act, as amended support will not alter the basic military bal- personally profit from the new not-for- (i) Prospective Purchaser: Kingdom of ance in the region. profit entity. It is the best of both Saudi Arabia. worlds for owners and investors; the There are no principal contractors in- (ii) Total Estimated Value: volved with this potential sale. There are no school is able to shed Federal account- Major Defense Equipment* $0 million. known offset agreements proposed in connec- ability requirements while still prof- Other $300 million. tion with this potential sale. iting off of students and taxpayers. Total $300 million. (iii) Description and Ouantity or Quan- Implementation of this proposed sale will I call on the Internal Revenue Serv- not require the permanent assignment of any ice, the Department of Education, and tities of Articles or Services under Consider- ation for Purchase: U.S. Government or contractor representa- Ashford’s accreditor—the WASC Senior Major Defense Equipment (MDE): None. tives to Saudi Arabia. College and University Commission—to Non-MDE: A new Foreign Military Sales There will be no adverse impact on U.S. de- carefully scrutinize this proposal in Order (FMSO) II to provide funds for blanket fense readiness as a result of this proposed light of other dubious for-profit conver- order requisitions under a Cooperative Lo- sale.

VerDate Sep 11 2014 10:12 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.075 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1937

DEFENSE SECURITY by helping to improve the security of a (vii) Sensitivity of Technology Contained COOPERATION AGENCY, friendly country which has been, and con- in the Defense Article or Defense Services Arlington, VA. tinues to be, an important force for political Proposed to be Sold: See Attached Annex. Hon. BOB CORKER, stability and economic growth in the Middle (viii) Date Report Delivered to Congress: Chairman, Committee on Foreign Relations, East. This potential sale is a continuation of March 22, 2018. U.S. Senate, Washington, DC. current support. Saudi Arabia will have no * As defined in Section 47(6) of the Arms DEAR MR. CHAIRMAN: Pursuant to the re- difficulty absorbing this equipment and sup- Export Control Act. porting requirements of Section 36(b)(1) of port into its armed forces. POLICY JUSTIFICATION the Arms Export Control Act, as amended, The continuation of MSS services will aid Saudi Arabia—TOW 2B (BGM–71F–Series) we are forwarding herewith Transmittal No. in the maintenance support of Saudi Ara- Missiles 17–52, concerning the Army’s proposed Let- bia’s rotary wing aircraft fleet, engines, avi- ter(s) of Offer and Acceptance to the King- onics, weapons, and missile components. The Government of the Kingdom of Saudi dom of Saudi Arabia for defense articles and The proposed sale of this equipment and Arabia has requested to buy up to six thou- services estimated to cost $106.8 million. support will not alter the basic military bal- sand six hundred (6,600) TOW 2B missiles After this letter is delivered to your office, ance in the region. (BGM–71F-Series) and ninety-six (96) TOW 2B we plan to issue a news release to notify the The principal contractor will be DynCorps (BGM–71F–Series) fly-to-buy lot validation public of this proposed sale. International, Mclean, VA. There are no missiles. Also included is government fur- Sincerely, known offset agreements in connection with nished equipment; technical manuals and publications; essential spares and repair GREGORY M. KAUSNER this potential sale. (for Charles W. Hooper, Lieutenant Implementation of this proposed sale will parts; consumables; live fire exercise and General, USA, Director). require the assignment of one (1) U.S. Gov- ammunition; tools and test equipment; Enclosures. ernment and up to three hundred twenty training; transportation; U.S. Government technical support and logistic support; con- TRANSMITTAL NO. 17–52 (320) contractor representatives to travel to Saudi Arabia for a period of two (2) years. tractor technical support; repair and return Notice of Proposed Issuance of Letter of There will be no adverse impact on U.S. de- support; quality assurance teams; in-country Offer Pursuant to Section 36(b)(1) of the fense readiness as a result of this proposed Field Service Representative (FSR); other Arms Export Control Act, as amended sale. associated equipment and services in support (i) Prospective Purchaser: Kingdom of of TOW 2B missiles; and other related ele- Saudi Arabia. DEFENSE SECURITY ments of logistics and program support. The (ii) Total Estimated Value: COOPERATION AGENCY, total estimated program cost is $670 million. Major Defense Equipment* $0 million. Arlington, VA. This proposed sale will support U.S. foreign policy and national security objectives Other $106.8 million. Hon. BOB CORKER, Total $106.8 million. Chairman, Committee on Foreign Relations, by improving the security of a friendly coun- (iii) Description and Quantity or Quan- U.S. Senate, Washington, DC. try which has been, and continues to be, an tities of Articles or Services under Consider- DEAR MR. CHAIRMAN: Pursuant to the re- important force for political stability and ation for Purchase: porting requirements of Section 36(b)(1) of economic growth in the Middle East. This Major Defense Equipment (MDE): None. the Arms Export Control Act, as amended, potential sale is consistent with U.S. initia- Non-MDE: Continuation of Maintenance we are forwarding herewith Transmittal No. tives to provide key partners in the region Support Services (MSS) contract that sup- 17–62, concerning the Army’s proposed Let- with modern systems that will enhance ports the Royal Saudi Land Forces Aviation ter(s) of Offer and Acceptance to Saudi Ara- interoperability with U.S. forces and in- Command’s (RSLFAC) fleet of AH–64D/E, bia for defense articles and services esti- crease stability. UH–60L, Schweizer 333 and Bell 406CS heli- mated to cost $670 million. After this letter The proposed sale of TOW 2B missiles and copters. The MSS contract services includes is delivered to your office, we plan to issue a technical support will advance the Kingdom the management and installation of engi- news release to notify the public of this proof Saudi Arabia’s efforts to develop an inte- neering change proposals and modification posed sale. grated ground defense capability. A strong work orders; Repair and Return (R&R) man- Sincerely, national defense and dedicated military force will assist Saudi Arabia to sustain agement services and component repairs; GREGORY M. KAUSNER aircraft simulator logistics, maintenance (for Charles W. Hooper, Lieutenant itself in its efforts to maintain stability. and technical support; training; and mainte- General, USA, Director). Saudi Arabia will have no difficulty absorb- nance management support for the RSLFAC Enclosures. ing this equipment into its armed forces. Headquarters staff; and other related ele- The proposed sale of this equipment and TRANSMITTAL NO. 17–62 ments of logistics and program support. support will not alter the basic military bal- (iv) Military Department: Army (SR–B– Notice of Proposed Issuance of Letter of ance in the region. ZAU). Offer Pursuant to Section 36(b)(1) of the The principal contractor is Raytheon Mis- (v) Prior Related Cases, if any: SR–13–UAF; Arms Export Control Act, as amended sile Systems, Tucson, AZ. There are no SR–B–UGZ; SR–B–WAL. (i) Prospective Purchaser: Kingdom of known offset agreements proposed in connec- (vi) Sales Commission, Fee, etc., Paid, Of- Saudi Arabia. tion with this potential sale. fered, or Agreed to be Paid: None. (ii) Total Estimated Value: Implementation of this proposed sale will (vii) Sensitivity of Technology Contained Major Defense Equipment * $647 million. not require the permanent assignment of any in the Defense Article or Defense Services Other $23 million. U.S. Government or contractor representa- Proposed to be Sold: None. Total $670 million. tives to Saudi Arabia. There will be no more (viii) Date Report Delivered to Congress: (iii) Description and Quantity or Quan- than two contractor personnel in the King- March 22, 2018. tities of Articles or Services under Consider- dom of Saudi Arabia at any one time and all *As defined in Section 47(6) of the Arms ation for Purchase: efforts will take less than two weeks in Export Control Act. Major Defense Equipment (MDE): total. Up to six thousand six hundred (6,600) TOW There will be no adverse impact on U.S. de- POLICY JUSTIFICATION 2B Missiles (BGM–71F–Series) fense readiness as a result of this proposed Kingdom of Saudi Arabia—Continuation of Ninety-six (96) TOW 2B (BGM–71F–Series) sale. Maintenance Support Services (MSS) Fly-to-Buy Lot Validation Missiles TRANSMITTAL NO. 17–62 The Kingdom of Saudi Arabia has re- Non-MDE: Notice of Proposed Issuance of Letter of quested the continuation of the Maintenance Also included is government furnished Offer Pursuant to Section 36(b)(1) of the Support Services (MSS) contract that sup- equipment; technical manuals and publica- Arms Export Control Act ports the Royal Saudi Land Forces Aviation tions; essential spares and repair parts; Command’s (RSLFAC) fleet of AH–64D/E, consumables; live fire exercise and ammuni- Annex Item No. vii UH–60L, Schweizer 333 and Bell 406CS heli- tion; tools and test equipment; training; (vii) Sensitivity of Technology: copters. The MSS contract services includes transportation; U.S. Government technical 1. The TOW 2B RF Missile is a fly-over- management and installation of engineering support and logistic support; contractor shoot-down missile designed to defeat ar- change proposals and modification work or- technical support; repair and return support; mored vehicles. These missiles are fired from ders; Repair and Return (R&R) management quality assurance teams; in-country Field a variety of TOW launchers in the U.S. services and component repairs; aircraft sim- Service Representative (FSR); other associ- Army, USMC and FMS customer forces. The ulator logistics, maintenance and technical ated equipment and services in support of TOW 2B RF can be launched from the same support; training; and maintenance manage- TOW 2B missiles; and other related elements launcher platforms as the existing wire-guid- ment support for the RSLFAC Headquarters of logistics and program support. ed TOW 2B missiles without modification to staff; and other related elements of logistics (iv) Military Department: Army (SR–B– the launcher. The TOW 2B missile (both wire and program support. The estimated total VBQ). & RF) contains two tracker beacons (xenon case value is $106.8 million. (v) Prior Related Cases, if any: None. and thermal) for the launcher to track and This proposed sale will support U.S. for- (vi) Sales Commission Fee, etc., Paid, Of- guide the missile in flight. Guidance com- eign policy and national security objectives fered, or Agreed to be Paid: None. mands from the launcher are provided to the

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.096 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1938 CONGRESSIONAL RECORD — SENATE March 22, 2018 missile by an RF link contained within the to the Committee on Appropriations et authority for program integrity ef- missile case. The hardware, software and and the budgetary aggregates to reflect forts. This funding is designated pursu- technical publications provided with the sale the new spending limits imposed by the ant to section 251(b)(2)(B) and section are unclassified; however, the system itself Bipartisan Budget Act of 2018. 251(b)(2)(C) of BBEDCA. CBO estimates contains sensitive technology that instructs In addition to the changes triggered the system on how to operate in the presence that this budget authority will result of countermeasures. by P.L. 115–123, section 251 of the Bal- in $1,576 million in outlays this fiscal 2. If a technologically advanced adversary anced Budget and Emergency Deficit year. obtains knowledge of the specific hardware Control Act of 1985, BBEDCA, estab- Finally, this legislation repurposes and software elements, the information lishes statutory limits on discretionary existing emergency funding increasing could be used to develop countermeasures or spending and allows for various adjust- equivalent systems that might reduce weap- outlays by $1 million. This action is ments to those limits, while sections designated as an emergency pursuant on system effectiveness or be used in the de- 302 and 314(a) of the Congressional velopment of a system with similar or ad- to section 251(b)(2)(A)(i) of BBEDCA. vanced capabilities. Budget Act of 1974 allow the chairman of the Budget Committee to establish As a result of the aforementioned 3. A determination has been made that designations, I am revising the budget Saudi Arabia can provide substantially the and make revisions to allocations, ag- authority and outlay allocations to the same degree of protection for the sensitive gregates, and levels consistent with technology being released as the U.S. Gov- those adjustments. The Senate is con- Committee on Appropriations by in- ernment. This sale is necessary in further- sidering the House amendment to the creasing revised security budget au- ance of the U.S. foreign policy and national Senate amendment to H.R. 1625, the thority by $146,022 million, revised nonsecurity objectives outlined in the Policy security budget authority by $84,531 Justification. Consolidated Appropriations Act, 2018. This measure provides full-year appro- million, and outlays by $108,997 million 4. All defense articles and services listed in in Fiscal Year 2018. Further, I am in- this transmittal are authorized for release priations for Federal Government creasing the budgetary aggregate for and export to the Kingdom of Saudi Arabia. agencies and contains spending that Fiscal Year 2018 by $230,553 million in f qualifies for cap adjustments under current statute. budget authority and $108,997 million BUDGETARY REVISIONS This measure includes $78,097 million in outlays. Mr. ENZI. Mr. President, on Feb- in budget authority that is designated I ask unanimous consent that the ac- ruary 9, 2018, the President signed the as being for overseas contingency oper- companying tables, which provide de- Bipartisan Budget Act of 2018 into law, ations/Global War on Terrorism pursu- tails about the adjustment, be printed H.R. 1892, P.L. 115–123. This bill passed ant to section 251(b)(2)(A)(ii) of in the RECORD. the Senate by a vote of 71 to 28 and the BBEDCA. Of that amount, $66,079 mil- There being no objection, the mate- House of Representatives by a vote of lion is for spending in the security cat- rial was ordered to be printed in the 240 to 186. Section 30101 of H.R. 1892 in- egory and $12,018 million is for non- RECORD, as follows: creased the statutory discretionary security spending. CBO estimates that spending limits for Fiscal Year 2018. this budget authority will result in REVISION TO BUDGETARY AGGREGATES More specifically, it increased the Fis- $43,344 million in outlays in, Fiscal (Pursuant to Section 4108 of H. Con. Res. 71, the Concurrent Resolution on cal Year 2018 discretionary spending the Budget for Fiscal Year 2018 and Sections 311 and 314(a) of the Con- Year 2018. gressional Budget Act of 1974) limit for the revised security category This measure also includes $7,366 mil- ($ in millions) to $629 billion in new budget authority lion in nonsecurity discretionary budg- and the revised nonsecurity category et authority designated for disaster re- 2018 to $579 billion in new budget authority. lief pursuant to section 251(b)(2)(D) of Current Spending Aggregates: Section 4108 of the Fiscal Year 2018 BBEDCA. This designation makes the Budget Authority ...... 3,169,583 Outlays ...... 3,112,609 congressional budget resolution pro- spending associated with this provision Adjustments: vides me with the authority to adjust and its associated outlays of $368 mil- Budget Authority ...... 230,553 Outlays ...... 108,997 enforceable levels and allocations for lion eligible for an adjustment. Revised Spending Aggregates: such changes in the statutory limits. I This legislation provides $1,896 mil- Budget Authority ...... 3,400,136 am therefore adjusting the allocation lion in nonsecurity discretionary budg- Outlays ...... 3,221,606 REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2018 (Pursuant to Section 4108 of H.Con. Res. 71, the Concurrent Resolution on the Budget for Fiscal Year 2018 and Sections 302 and 314(a) of the Congressional Budget Act of 1974) ($ in millions)

2018

Current Allocation: Revised Security Discretionary Budget Authority ...... 554,913 Revised Nonsecurity Category Discretionary Budget Authority ...... 635,532 General Purpose Outlays ...... 1,199,535 Adjustments: Revised Security Discretionary Budget Authority ...... 146,022 Revised Nonsecurity Category Discretionary Budget Authority ...... 84,531 General Purpose Outlays ...... 108,997 Revised Allocation: Revised Security Discretionary Budget Authority ...... 700,935 Revised Nonsecurity Category Discretionary Budget Authority ...... 720,063 General Purpose Outlays ...... 1,308,532 Program Disaster Emer- Regular OCO Integrity Relief gency Total

Memorandum: Detail of Adjustments Made Above: Revised Security Discretionary Budget Authority ...... 79,943 66,079 0 0 0 146,022 Revised Nonsecurity Category Discretionary Budget Authority ...... 63,251 12,018 1,896 7,366 0 84,531 General Purpose Outlays ...... 63,708 43,344 1,576 368 1 108,997

YEMEN WAR POWERS RESOLUTION displaced from their homes. As the month. According to the United Na- Mr. VAN HOLLEN. Mr. President, years wear on, the cycle of desperation, tions, almost two-thirds of reported ci- the brutal war in Yemen has raged for destruction, and death continues vilian deaths are the result of these 3 years. At least 10,000 civilians have unabated. airstrikes. lost their lives in this conflict. More Make no mistake: The Houthis and The administration claims U.S. mili- than 8 million Yemenis are on the their Iranian backers bear great retary support for the coalition, in the brink of starvation. The worst cholera sponsibility for the civilian toll of this form of aerial refueling, munitions outbreak in modern history has af- war. However, the Saudi-led coalition, sales, and targeting assistance, pro- flicted over 1 million people, including with U.S. military support, continues vides leverage in the conflict; yet the over 600,000 children. Millions more are to conduct hundreds of airstrikes each Defense Department appears to know

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.098 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1939 disturbingly little about how U.S. mili- banks should not have to comply with Equifax. Section 310 has the admirable tary assistance is used on the battle- all of the regulations that apply to goal of increasing competition in the field, including whether our refueling large Wall Street banks. That is why I credit scoring industry. However, the enables the bombing of civilians. Most support many of the reforms in this primary beneficiary of this provision is critically, with both sides at a total bill to relieve community banks of VantageScore, a company jointly cre- impasse, the prospect of a political set- some unnecessary regulations. I also ated by the three consumer credit re- tlement is farther from reach now than support provisions to modernize the porting agencies, Equifax, TransUnion, at the beginning of this devastating Federal Deposit Insurance Act, so that and Experian. This means that a com- war. reciprocal deposits are not considered pany that is essentially owned by the In. short, U.S. policy in Yemen has to be brokered deposits. credit bureaus will also have the abil- been an abject failure, and by con- While I supported most of the re- ity to determine your score. In short, tinuing our military assistance unmiti- forms relating to community banks this bill gives the credit bureaus a key gated, we are complicit in this tragedy. and credit unions, I have concerns with tool to take over the credit reporting This complicity is fueled by Presi- provisions in the bill that will encour- and scoring markets. Be assured that I dent Trump’s unquestioning embrace age excessive risk-taking in system- will closely watch how the Federal of the Saudi monarchy, and his appar- ically important banks and am dis- Housing Finance Agency implements ent inability to use our leverage to appointed by the absence of strength- section 310. place meaningful restraints on the ened protections for consumers. After both Republicans and Demo- For example, this legislation signifi- Saudi attacks in Yemen. In addition, crats spent the past 6 months saying cantly raises the threshold for en- more than a year after his inaugura- that we would hold the credit reporting hanced prudential standards for sys- tion, the President has not put forward agencies more accountable, this bill temically important financial institu- nominees to fill key diplomatic posts makes a second last-minute change tions, SIFIs. While I can support an in- that would be responsible for address- that would prevent members of the crease in the threshold, I believe this ing this conflict, including the Assist- armed services who receive a free cred- bill goes too far. Gary Gensler, the ant Secretary of State for Near East- chair of the Maryland Financial Con- it freeze from suing the credit report- ern Affairs or the U.S. Ambassador to sumer Protection Commission, and the ing bureaus for wrongdoing. Saudi Arabia. He has alienated our We hear time and time again about former chairman of the Commodities counterparts at the United Nations. In how poorly the credit reporting bu- Futures Trading Commission, has reaus treat consumers. False informa- action and in deed, President Trump pointed out that this bill dials down tion in credit reports can do great has all but ensured the onslaught in prudential oversight for about 20 per- Yemen will continue. cent of U.S. banking sector assets. Mr. harm to consumers; yet the credit rat- I believe it is incumbent on the Con- Gensler also noted that section 401 ing agencies face no real sanctions for gress to hold the Saudi-led coalition could be construed as possibly requir- their culpability. That is unacceptable. accountable and no longer to abdicate ing the Federal Reserve to raise the We need to change the system so that our responsibility in decisions of peace threshold at which foreign megabanks these companies have better incentives and war. S.J. Res. 54 reins in the Presi- are subject to the enhanced standards, to produce accurate credit reports, in- dent’s largely unencumbered war mak- thereby potentially allowing the very cluding sanctioning them for inac- ing powers and ends unconditional U.S. biggest banks to escape some of the curate and breached data. We must military support for the Saudi cam- current regulations. give consumers the power to control paign in Yemen without an authoriza- I am also concerned that section 402 their own data and provide them with tion from Congress. For these reasons, of the bill modifies the supplementary the ability to take legal action against I voted against the motion to table this leverage ratio by excluding custodial the bureaus when they have been resolution. assets for custodial banks. This provi- wronged. Providing the bureaus with a f sion allows for greater risk-taking shield from legal liability and opening the door for them to manipulate the ECONOMIC GROWTH, REGULATORY among megabanks. Removing custodial credit reporting industry is going in RELIEF, AND CONSUMER PRO- assets from the denominator of the the wrong direction. TECTION ACT supplementary leverage ratio will allow these banks to take on risk in all In conclusion, while I support many Mr. VAN HOLLEN. Mr. President, I areas. Former Federal Reserve Gov- provisions in the bill, especially those want to discuss S. 2155, the banking ernor Daniel Tarullo said that remov- relating to community banks and cred- bill, and explain the provisions of the ing one type of asset from a ratio on it unions, I believe other provisions in bill I supported, those I opposed, and the grounds that it is safe ‘‘would de- the bill create excessive risks. Those my reasons for ultimately opposing feat the whole purpose of a leverage risks, as well as the failure to use this this legislation. ratio, which is to place a cap on total opportunity to further protect con- Over the past year, I have appre- leverage, no matter what the assets on sumers, led me to oppose this bill. ciated the opportunity to meet with the other side of the balance sheet may f Maryland community bankers, con- be.’’ Former FDIC Chair Sheila Bair TRIBUTES TO THAD COCHRAN sumers, and an array of stakeholders wrote that ‘‘Section 402 will create an who would be impacted by this bill. I uneven playing field by giving big sys- Mr. GRASSLEY. Mr. President, Sen- have organized roundtables on eco- temic banks a special capital break not ator COCHRAN and I met while serving nomic development in Howard County applicable to community and regional together in the House of Representa- and Baltimore. I have met with con- institutions.’’ Moreover, this could cre- tives, but it was in the Senate that we sumer groups who want a strong regu- ate a slippery slope where we start ex- became close colleagues. Throughout latory framework to ensure fair lend- cluding other items banks deem ‘‘safe’’ his service, Senator COCHRAN has re- ing and to protect taxpayers from ex- from the ratio. mained devoted to the U.S. Senate cessive risk-taking by some of the big- Additionally, I cannot ignore the fact functioning as a bipartisan, delibera- gest banks. Most recently, I held a that this bill does very little to help tive body. It is a goal I have long ad- forum with my State’s attorney gen- strengthen consumer protections at a mired about Senator COCHRAN and a eral, Brian Frosh, where hundreds of time when the Trump administration mission I share. passionate Marylanders came out on a is eliminating rules that protect con- As only the second Republican to be rainy night to talk about consumer sumers. If we can reach bipartisan elected to represent Mississippi in the protection. agreement to modify regulations for House of Representatives since Recon- We need a healthy banking system banks, surely we can find agreement on struction and the first Republican to that serves Maryland businesses and ways to help protect consumers from win a statewide election in a century consumers, and banking regulations the abuses we have seen from the likes at the time he was elected to the U.S. should be appropriately tailored to the of Wells Fargo and Equifax. Senate, Senator COCHRAN proved that risks a bank poses to consumers, tax- I am particularly troubled by two it is ideas and commitment to con- payers, and the economy. Community last-minute changes that benefit stituents that move communities and

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.076 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1940 CONGRESSIONAL RECORD — SENATE March 22, 2018 States forward. Throughout his career, propriations Act since the senior Sen- through his long service on the Senate Senator COCHRAN continued to prove ator from Mississippi deserves so much Committee on Agriculture, Nutrition, time and again that this is the path to of the credit for negotiating that pack- and Forestry, which he also chaired. legislative success. age and getting it to the floor. Third, he has been a champion for edu- You really get to know a colleague Senator COCHRAN was born and raised cation and our Nation’s cultural insti- when you travel with them. I know in Mississippi in a close-knit family tutions, including the Kennedy Center Senator COCHRAN as a deliberative and that valued academic achievement, and the Smithsonian Institution, serv- thoughtful colleague. Though collegial civic engagement, and hard work. Both ing as a regent. He has a passion for and cautious, Senator COCHRAN was of his parents were teachers. Senator education. I mentioned that his par- dogged in his pursuit to represent the COCHRAN was an Eagle Scout. He ents were teachers; so, too, is his interests of Mississippi. Senator COCH- earned varsity letters in football, bas- daughter. Senator COCHRAN has worked RAN and I often exchanged ideas in the ketball, baseball, and tennis at Byram hard to improve educational opportuni- Senate Agriculture Committee while High School, where he gave a piano and ties for students in Mississippi and he served as chairman. I can say with voice recital his senior year, and he across the country. He has advocated certainty that he represented the farm- graduated as class valedictorian. for early childhood education, literacy ers of his State extremely well. Senator COCHRAN attended the Uni- programs, teacher development, voca- A hallmark of Senator THAD COCH- versity of Mississippi, where he was tional education, arts education, year- RAN’s distinguished career has been his student body vice president and earned round Pell grants, and the Promise ability to work effectively and a bachelor of arts degree with a major Neighborhood Program. He has in- thoughtfully on behalf of Mississippi. in psychology and a minor in political creased funding for title I and to His- He has a courteous manner but com- science. After he graduated, he was torically Black Colleges and Univer- mands the attention and respect of his commissioned an ensign in the U.S. sities. colleagues. His deep institutional Naval Reserve and assigned to duty In 2005, Senator COCHRAN spearheaded knowledge and dedication to public of- aboard the USS Macon, a heavy cruiser the effort to secure more than $87 bil- fice will make him a sorely missed homeported in Boston, MA. lion in supplemental Federal assist- member of the United States Senate. After Senator COCHRAN completed his ance to Mississippi and the other Gulf I thank him for his faithful service to tour of Active Duty in the Navy, he at- Coast States devastated by Hurricane this body and wish him well in his re- tended the school of law at the Univer- Katrina. More recently, he coauthored tirement. sity of Mississippi. While in law school, the ‘RESTORE the Gulf Coast Act’ to Mr. NELSON. Mr. President, I would he won an award for having the highest help Gulf Coast States recover from like to take a few moments to recog- scholastic average in the first-year the 2010 Deepwater Horizon oil spill. He nize my friend and colleague Senator class, served on the editorial board of helped develop, maintain, and improve COCHRAN of Mississippi. On April 1, the the Mississippi Law Journal, and ar- the Natchez Trace Parkway, the Senate will lose a tremendous public gued before the Mississippi Supreme Natchez National Historical Park, the servant. Court as a moot court finalist. He was Vicksburg National Military Park, and Between the House and Senate, Sen- awarded a Rotary Foundation graduate the Gulf Islands National Seashore. In ator COCHRAN devoted nearly 46 years fellowship and studied jurisprudence addition, he authored provisions to of service to his State, and I am sad to and international law for a year at promote National Park Service efforts hear it is coming to an end. Trinity College in Dublin before re- to research and preserve sites associ- The son of two educators and a fellow turning to Ole Miss for his final year of ated with the Civil Rights movement. 4–H alumnus, Senator COCHRAN knows law school. Senator COCHRAN’S law Senator COCHRAN is a sportsman and the importance of serving his commu- school grade point average was the a conservationist in the tradition of nity. In 1973, he answered the call to third highest of all students who grad- Teddy Roosevelt. He authored the Mis- represent the people of Mississippi and uated from the Ole Miss law school sissippi Wilderness Act, which was the hasn’t stopped since. during the 1960s. first Federal legislation ever passed for As outgoing chairman of the Senate Senator COCHRAN joined the law firm the perpetual protection of lands in the Appropriations Committee, Senator of Watkins & Eager in Jackson, MS, State of Mississippi. He helped to es- COCHRAN leaves a legacy of providing and was made a partner in less than 3 tablish national wildlife refuges as a many victories to Florida. From fund- years. It was around this time that he member of the Migratory Bird Con- ing the restoration of the Everglades, became a Republican, and in 1972, he servation Commission, and he authored to ensuring our Nation’s military has elected to Congress to represent the the Wildlife Habitat Incentives Pro- enough funding to defend our country, Fourth District. He became just the gram. He has received numerous Senator COCHRAN’s enduring contribu- second Republican to be elected to rep- awards from conservation groups, in- tions are to be commended. resent Mississippi in the U.S. House of cluding Ducks Unlimited, the North I think TIME Magazine said it right Representatives since Reconstruction, American Waterfowl Federation, the when Senator COCHRAN was selected as after Prentiss Walker was the first in National Wildlife Federation, and the one of America’s 10 Best Senators in 1964. He won reelection twice, in each Nature Conservancy. 2006, accurately dubbing him the instance with more than 70 percent of I could go on, but I hope this sum- ‘‘quiet persuader’’ after he secured the vote. mary of just some of Senator COCH- nearly $29 billion for Hurricane Katrina In 1978, Senator COCHRAN became the RAN’s accomplishments is sufficient to recovery efforts in our Gulf Coast. first Republican in more than 100 years illustrate how remarkably effective he His proven bipartisanship will be re- to win a statewide election in Mis- has been over a long and distinguished membered by the people of Mississippi sissippi when he was elected to the U.S. career in public service. Senator COCH- and by his colleagues here in the Sen- Senate. He has since been reelected six RAN is an exemplary public servant. In ate. times. Last March, he became the 2006, TIME magazine selected him as I am proud to have served with Sen- tenth longest serving Senator in U.S. one of ‘‘America’s 10 Best Senators’’— ator COCHRAN, and we will all miss his history. a distinction I am sure no one in this leadership. I wish him well on his next Our Nation and the State of Mis- Chamber would dispute. TIME called endeavor. sissippi have benefited from Senator him the ‘‘quiet persuader’’—an apt de- Mr. CARDIN, Mr. President, while we COCHRAN’S long service. His legislative scription—and commented on his are all looking forward to the Pass- accomplishments are too numerous to ‘‘courtly manner.’’ We use the term over-Easter recess, wrapping up our list here, but I will highlight a few. ‘‘gentleman’’ frequently here in the work this week feels bittersweet be- First, Senator COCHRAN has been a Senate, perhaps too frequently some- cause, when we return on April 9, our champion of a strong national defense, times, but Senator COCHRAN truly is a dear friend and colleague THAD COCH- both as chairman of the Appropriations gentleman, and he is a gentle man. He RAN will not be returning with us. It is Committee and the Subcommittee on doesn’t raise his voice. He doesn’t so- fitting, given his retirement, that we Defense. Second, he has been a cham- licit attention to himself. He goes passed the fiscal year 2018 Omnibus Ap- pion of America’s farmers and ranchers about his work quietly but effectively.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.078 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1941 His word is his bond. The Senate is a were prosecuted and to provide human- NATIONAL STOP THE BLEED DAY better place because of his service, and itarian relief to victims of the conflict. Mr. BLUMENTHAL. Mr. President, I we will miss him. Rather than feel sor- As part of her efforts to promote would like to take the time to recog- row over his imminent departure, I feel human rights around the world, we nize March 31, 2018, as National Stop gratitude that we are so fortunate he traveled together on a commission del- the Bleed Day. Stop the Bleed is a pro- chose a life of public service and I have egation to Greece in 1998 to advance gram offered by the American College had the privilege of serving with him the rights of Roma, Europe’s largest of Surgeons to help educate the general here in the Senate for the past 12 ethnic minority population that his- public on techniques to assist victims years. torically faced persecution, were the suffering from uncontrolled bleeding I wish all the best for our dear friend victims of genocide during the Second using direct pressure, gauze and ban- from Mississippi, his wife, Kay, and the World War, and continue to face dis- dages, and tourniquets. As someone rest of his family and thank them for proportionate levels of racism and dis- who has personally been trained to their willingness to share him with us. crimination to this day. ‘‘Stop the Bleed,’’ I can attest to its Mr. CASEY. Mr. President, I wanted Few other Members of Congress, importance and value. to pay tribute to my colleague THAD House or Senate, matched her ongoing Each year, more than 180,000 people COCHRAN as he retires from the Senate and effective engagement. During her die from traumatic injuries sustained after almost 40 years of service. time on the Helsinki Commission, Lou- as a result of events including vehicle Former Senator Margaret Chase ise represented the United States at crashes, falls, industrial and farm acci- Smith once said, ‘‘Public service must numerous meetings of the Organization dents, shootings, and natural disasters. be more than doing a job efficiently for Security and Co-operation In Eu- The most common preventable cause of and honestly. It must be complete dedi- rope, OSCE, Parliamentary Assembly, these deaths is losing too much blood cation to the people and the nation.’’ an interparliamentary body which has in the minutes before trained respond- Senator THAD COCHRAN brought that encouraged diplomats to focus on ers arrive. Just like CPR training, a ci- dedication to the Senate every day. issues of concern and importance to vilian familiar with basic bleeding con- During his tenure, Senator COCHRAN the United States, especially human trol techniques is better equipped to has served as chairman of the Senate rights and fundamental freedoms. save a life. The effort to make this Agriculture Committee and the Senate From 1993 to 2010, she participated in training available to the public is driv- Appropriations Committee, using those more than a dozen assembly meetings en by the goal to reduce or eliminate positions to help the people of Mis- as a member of U.S. delegations, help- preventable death from bleeding. sissippi. The Senator’s commitment to ing to show the depth of our country’s I urge my colleagues to join me in help alleviate the poverty in the Mis- commitment to transatlantic rela- recognizing National Stop the Bleed sissippi delta is well documented. tions. Day so that we may raise awareness As Senator COCHRAN ends this chap- LOUISE was born in Kentucky. Her fa- and work to end the loss of life from ter of his life, I wish him well and ther was a blacksmith for a coal mine. uncontrolled bleeding by getting thank him for the decency and cour- She had a sister who died of pneumonia trained to ‘‘Stop the Bleed.’’ tesy that he consistently brought to as a child, which impelled Louise to f the Senate. We are better for it. pursue degrees in microbiology and WEEK ON THE STATUS OF BLACK f public health at the University of Ken- tucky. She moved to New York to work WOMEN REMEMBERING LOUISE for Procter & Gamble and was elected Ms. HARRIS. Mr. President, on be- SLAUGHTER to the New York State Assembly in half of myself and Senator Gillibrand, Mr. CARDIN. Mr. President, I am 1982 and then to the U.S. House of Rep- we rise to request that, for the 4th year deeply saddened by the recent death of resentatives in 1986. We were House in a row, the U.S. Government offi- my friend and colleague, Representa- freshmen together. She coauthored the cially recognize the last week in March tive LOUISE SLAUGHTER. We served to- Violence Against Women Act—VAWA— as the Week on the Status of Black gether in the House of Representatives secured funding for breast cancer re- Women. During the week of March 26, and on the Helsinki Commission, which search, and was responsible for estab- 2018, as part of Women’s History Month monitors human rights commitments lishing an office of research on wom- and in honor of the UN International across the globe. Her time on the Com- en’s health at the National Institutes Decade for People of African Descent, mission is one of the many examples of of Health, NIH. In 2007, she became the several leading social justice organiza- her unwavering commitment to justice first woman in U.S. history to chair tions will be holding events across the and human dignity. the House Committee on Rules. country to honor Black women’s mo- Louise first became interested in the LOUISE was legendary in the Roch- mentous contributions to our country Helsinki Commission’s work in the ester area as her constituents know and to shed light on the struggles early 1990s when she joined congres- well. Her background as a microbiolo- Black women continue to face in Amer- sional efforts to address the mass rape gist shaped her priorities in securing ican society. of women and girls as a deliberate and infrastructure upgrades, research fund- Black women have long gone above systematic part of the ethnic cleansing ing for local universities, and bringing and beyond the call of duty in their campaign in Bosnia and Herzegovina. two manufacturing institutes to the contributions to American civic soci- In her calls for justice, she worked to area. She most recently secured fund- ety, particularly when it comes to ensure that rape wouldn’t be consid- ing for Rochester’s new Amtrak sta- voter turnout and political participa- ered as unfortunate violence incidental tion, which is rightfully being renamed tion. They have routinely stepped up as to conflict, but as a war crime and in her memory. leaders and bulwarks in their commu- crime against humanity to be pros- LOUISE was universally respected, nities, sacrificing their own health and ecuted as such. Her commitment to and it has been an honor to call her a time for the betterment of others. Even peace, justice, and reconciliation in friend and colleague, as well as to have in the face of grave oppression dating Bosnia and the Balkans extended well served on the Helsinki Commission back to our Nation’s origins, Black beyond the period of conflict. In 2009, with her for two decades. My thoughts women have continued to stand strong she joined a Helsinki Commission dele- and prayers go out to her children and and contribute to the well-being of gation I led to Sarajevo, where she the rest of her family, friends, and con- families, communities, the economy, championed the efforts of university stituents during this difficult time. and our country as a whole. A recogni- students who saw the politics of eth- She had an extraordinary life and her tion of the Week on the Status of nicity and nationalism—and the cor- myriad accomplishments on behalf of Black Women would send a critical ruption it perpetuates—as denying her constituents, other New Yorkers, message that the government wishes to them opportunities for a brighter fu- all Americans, and indeed all of hu- elevate Black women’s role in history ture in a more prosperous Bosnia. She manity secure her legacy and are a and contemporary society and recog- also worked to ensure those guilty of wonderful testament of her commit- nizes the unique struggles they con- war crimes in the former Yugoslavia ment to public service. tinue to experience today.

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.080 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1942 CONGRESSIONAL RECORD — SENATE March 22, 2018 Black women have played a critical that raising the stories of Black Anne will retire at the end of March role in this Nation’s history and evo- women in every walk of life teaches lit- from her post as district congressional lution, often with little thanks or rec- tle girls to see themselves in all their lead at U.S. Citizenship and Immigra- ognition. Harriet Tubman escaped slav- full and powerful potential. tion Services’ Boston district office. ery and bravely returned to the As we anticipate the future, we must Mary Anne’s expertise, combined enslaved South over a dozen times to also stand to recognize that, while with her eagerness to assist the people herald her people to freedom on the Black women have dedicated them- of Massachusetts, has been an invalu- Underground Railroad. She served in selves to bettering our country, they able resource to me and my staff. the Union army as a spy, a medic, and continue to face countless barriers to Throughout her venerated career, she the first woman ever to lead an armed full inclusion and equality in American has assisted countless immigrants and expedition; yet despite this immense society. Black women are dispropor- refugees and has made the difference service to our country, we are still de- tionately subject to compromising for individuals and families who dream bating her recognition on our currency. health conditions, such as poor-quality of making the United States their A century later, Rosa Parks resisted environments in impoverished neigh- home. Though navigating our Nation’s the continued oppression and borhoods, food deserts, and a lack of immigration system can be a long and marginalization of her people. Before access to basic healthcare—conditions complicated process, Mary Anne is she was the face and organizational that make them more susceptible to widely known for her patience and leader of the Montgomery Bus Boycott, life-threatening diseases such as HIV compassion. She has continually pro- she led campaigns against the sexual and heart disease and which often vided my office with important advice harassment and assault of Black make highly treatable illnesses, like and training to ensure that we best women. The Week on the Status of breast cancer, lethal. Single Black meet the needs of our constituents. Black Women offers us a chance to women’s median wealth is just $100, While she will be sorely missed, her honor and uplift the sacrifices of Black while single White women have a me- legacy of helping and mentoring so women such as Harriet Tubman and dian wealth of $41,000; and White house- many during her long career will live Rosa Parks, who gave us so much and holds have a median wealth of 13 times on. received so little in return. more than Black households. Even My staff and I would like to extend It gives us an opportunity to add new more alarming, around half of single our sincere gratitude to Mary Anne for names to celebrate to this list, for con- Black women have zero or negative her years of dedicated service and wish tributions that build the future as wealth, meaning their debt equals or her well as she embarks on this next much as they ground the past. This exceeds their assets. On average, Black chapter in her life. week of recognition honors so many of women workers are paid only 67 cents Congratulations, Mary Anne, and whom we are proud, an infinite list at on the dollar relative to White non-His- thank you for the enormous contribu- which we can only hint. It includes panic men, even after controlling for tions you have made to the commu- those hidden figures who did the math education, years of experience, and lo- nity, the Commonwealth of Massachu- to get us to the stars—Katherine John- cation. setts, and the United States of Amer- son, Dorothy Vaughan, Mary Jackson, Further, while Black women, espe- ica. and Dr. Christine Darden—and the cially trans Black women, are excep- f interstellar figures who have actually tionally vulnerable to violence, both at been there, like Dr. Mae Jemmison, the the hands of the state and at the hands ADDITIONAL STATEMENTS first African-American woman astro- of intimate partners, often they are naut to travel in space; those con- not listened to or believed when they sciousness raisers who provoked TRIBUTE TO J. MICHAEL ‘‘MIKE’’ speak out. On all these fronts, we can NUSSMAN thought and progress in a country that and must do better, and we will. needed to catch up with them, like In conjunction with the congres- ∑ Mr. CARDIN. Mr. President, I want Pauli Murray, who graduated first in sional declaration, a coalition of orga- to take this opportunity to congratu- her class from Howard Law and offered nizations advocating for the well-being late J. Michael ‘‘Mike’’ Nussman, who up the visionary arguments that won of women and communities of color is retiring next week from the Amer- Brown v. Board of Education, and will partner to elevate the stories, his- ican Sportfishing Association, ASA, Chimamanda Ngozi Adichie, who has tories, and realities of Black women’s the trade association that represents issued an international invitation to lives through a series of events entitled the recreational fishing industry. Mr. embrace feminism; those courageous ‘‘Her Dream Deferred’’. These events Nussman joined the ASA’s government testifiers who spoke out with such fore- will address a number of issues facing relations team in 1992 and became sight, from Anita Hill’s willingness to Black women today, including mater- president and chief executive office of speak her own truth to power, to nal mortality, sexual assault and har- the association in 2001. I am proud to Tarana Burke, whose compassionate assment, political participation, and call him a fellow Marylander. decision to say ‘‘Me Too’’ inspired and police violence through artistic expres- Sportfishing provides outdoor recre- named a movement that is changing sion and academic fora. ation for more than 47 million Ameri- the world; those athletes and artists Exploring these issues and acknowl- cans each year. In Maryland, we are who inspire us with their unprece- edging the centrality of Black women blessed with some of the best fishing dented feats and the lyricism of their to our history and social fabric, along opportunities in the Nation. From fish- movement, from American Ballet The- with recognizing the uniquely gendered ing for striped bass—‘‘rockfish’’—on ater’s principal dancer Misty Copeland and racialized inequities they face, is the Chesapeake Bay, to fly fishing for to America’s swiftest young icon on critical as we seek to extend equal trout on the Gunpowder, to fishing for ice, Maame Biney; and those who hold rights to all Americans. We hope and smallmouth bass on the Potomac, we and disseminate knowledge, expanding request that this year will be a con- have great waters and angling through- our horizons and our minds, like tinuation of years past in celebration out our State. Whether casting for yel- Monica Drake, who last year became and recognition of Black women low perch and pickerel on the Eastern the first African-American woman on through the Week on the Status of Shore or trolling for tuna and white the New York Times’ print masthead, Black Women. marlin off Ocean City, fishing in Mary- and Carla Hayden, a visionary librarian Thank you. land provides opportunities for young who is the first woman and first Afri- f people and families to get into the can American to lead the Library of great outdoors and enjoy our public Congress, the largest library in the TRIBUTE TO MARY ANNE SCIUTO lands and waters. world. Mr. MARKEY. Mr. President, today, I Like many other outdoor industries, We celebrate that this momentous wish to recognize Mary Anne Sciuto for sport fishing is sometimes overlooked week gives us an opportunity to both more than 38 years of service to the as a significant job generator and eco- enrich the historical record, and to en- Federal Government. As Boston’s first nomic engine. The U.S. Fish and Wild- liven our future possibilities. We know full-time congressional liaison, Mary life Service estimates that, nationwide,

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.081 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1943 recreational fishing generates $48 bil- Trade associations serve a unique You would be hard pressed to find lion in retail sales, $115 billion in total role by allowing companies in the same him behind a desk, especially during a economic activity, and 828,000 jobs. In industry to come together to express storm. You are more likely to find him 2016, Congress passed the Outdoor their views on issues affecting the en- standing in the water, investigating Recreation Jobs and Economic Impact tire industry. They are an important the environment, and possibly even Act. Because of that legislation, in segment of our U.S. private sector and taking photos of the beautiful land and 2018, the U.S. Commerce Department provide a legal, accepted mechanism to sea. He is there for Delaware any time Bureau of Economic Analysis included allow small and large companies in an of the day and night, on weekends and outdoor recreation’s impact, including industry to have a common voice when holidays. He is personally vested in his fishing and boating, in our Nation’s working with the Congress, the Execu- work and has somehow maintained gross domestic product, GDP, for the tive, the States, and local govern- that same level of passion for nearly first time. ments. When Mr. Nussman joined the four decades. Possibly the most important aspect ASA, he brought special expertise as a On behalf of Delaware Senator CHRIS of recreational fishing is that former Senate staffer to the rec- COONS and our Congresswoman, LISA sportfishing manufacturers, anglers, reational fishing industry and con- BLUNT ROCHESTER, I wholeheartedly and boaters pay for most of State fish servation communities. So upon the thank Tony Pratt for his service to and wildlife agencies’ fisheries con- occasion of his retirement, I think it Delaware. His model leadership and servation and boating programs. appropriate that he be recognized and dedication has served to improve our Through special Federal excise and congratulated today for a job well coastal communities and Delawareans’ fishing license sales, anglers and boat- done. Anglers and sportfishing-related quality of life. We offer Tony our sin- ers are providing more than $1.2 billion businesses in Maryland and across our cere congratulations on a job well done each year in funds that are allocated to Nation can be thankful that he has and wish him well as he embarks on the States been at the ASA helm. the next chapter of his career. Much of this progress is due to the I wish him all the best as he begins When people in the Navy accomplish leadership of Mr. Nussman, who hails the next chapter in his life which will extraordinary things in their lives, we from Crownsville, MD. While ASA has include, presumably, even more time say, ‘‘Bravo Zulu!’’ Today we are in been a trade association since 1933, it for fishing.∑ your debt, and we are deeply grateful, has really been in the past 25 years—a f as well, to your family for sharing with period that coincides with his tenure— the people of Delaware and America for TRIBUTE TO TONY PRATT that the organization has assumed all these years a very good man.∑ ∑ Mr. CARPER. Mr. President, it is more of a leadership role in the angling f community. with great pleasure that I rise on be- With the support of ASA, the afore- half of the Delaware delegation to REMEMBERING RICHARD E. mentioned excise taxes have been ex- honor the exemplary service of Tony ‘‘DICK’’ HAINES panded to cover programs such as wet- Pratt, administrator of the Shoreline ∑ Mr. DAINES. Mr. President, I have lands restoration, boating safety and and Waterway Management section the honor of remembering Mr. Richard infrastructure, and the establishment within the Delaware Department of E. ‘‘Dick’’ Haines as he is laid to rest of the Recreational Boating & Fishing Natural Resources and Environmental at the Western Montana State Vet- Foundation, RBFF. In fact, Mike Control. Tony has devoted his life’s erans Cemetery with full military hon- Nussman led the effort to establish work to preserving our coastal commu- ors on April 6, 2018. RBFF to turn around a decline in rec- nities and documenting its beauty Dick was born in Billings, MT, on reational fishing participation, which through his talented photography. September 28, 1936, and spent much of started to appear in the 1990s. The most Tony, sometimes known affection- his life in service to our great State. recent data indicate an upward trend ately around Delaware as the Sand Dick graduated from Montana State in recreational fishing, including Man, is an expert on natural coastal in- University in 1959 with a degree in me- among more diverse and urban commu- frastructure including beaches, dunes, chanical engineering, while also com- nities. and wetlands. He has ensured that pleting the Army’s ROTC program. Mr. Nussman’s success should come Delaware has safe, clean, and broad After serving in the U.S. Army as an as no surprise. He worked for the Sen- beaches for its nearly 3 million visitors officer teaching marksmanship skills ate Commerce Committee and then- a year to enjoy. As a leader of the and shooting on Army rifle teams, Chairman Fritz Hollings of South Caro- American Shore and Beach Preserva- Dick began his engineering career. In lina. Mr. Nussman was the lead profes- tion Association, he has an under- 1962, he was offered an engineering po- sional staff member for the sub- standing of the complexities facing the sition with the U.S. Forest Service. committee that oversees fisheries pol- coastal resources not just in Delaware, During his career, he served on the icy, the National Ocean and Atmos- but around our great Nation. He is so Kootenai, Kaniksu, Clearwater, Deer pheric Administration, NOAA, and the well respected in his field that, in Feb- Lodge, and Siskiyou Forests. His years U.S. Coast Guard. Prior to that, Mr. ruary 2017, he testified before the U.S. of public service, however, did not stop Nussman worked for the South Caro- Senate Committee on the Environment there. From 1999 through 2004, Dick lina Sea Grant Program, earning un- and Public Works on the value of served in the Montana State House of dergraduate and graduate degrees in beaches, dunes, wetlands, and other Representatives, where he played a key science, and an MBA from the Univer- natural coastal infrastructure. role in the establishment of the West- sity of South Carolina. Tony has been a key figure in turn- ern Montana State Veterans Cemetery. Mr. Nussman’s tenure at the ASA ing around Delaware’s beaches from In addition, he served a total of 8 years also has improved the organization’s being in a state of chronic erosion in on the Missoula City Council and business operations. The sportfishing the 1990s, to today serving as a top served for countless years with many industry’s annual trade show is now tourist destination and providing pro- other local organizations. the largest in the world. His leadership tection during the strongest of storms. When Dick wasn’t serving his con- has made the organization financially These storms have continuously bat- stituents or volunteering, he enjoyed strong, helping it weather economic tered the coastline and back bays; how- Montana’s beautiful outdoor rec- downturns. He has also served on nu- ever, Delaware coastal communities reational activities, including hunting, merous boards of directors and advi- have fared better than most due to fishing, hiking and backpacking. His sory groups, from the Theodore Roo- beach renourishment projects and miti- selfless public service and commitment sevelt Conservation Partnership to the gation work in the back bays. Tony has to volunteering will never be forgot- Blue Ribbon Panel on Sustaining led these efforts not only to try and ten.∑ America’s Diverse Fish and Wildlife prepare for the next superstorm, but f Resources. He has served as a U.S. learn from past storms in order to keep Commissioner on the International our roads, bridges, homes, businesses, TRIBUTE TO LOYD RENNAKER Commission for the Conservation of and animal habitats safe from rising ∑ Mr. DAINES. Mr. President, this Atlantic Tunas. waters. week I have the honor of recognizing

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.079 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1944 CONGRESSIONAL RECORD — SENATE March 22, 2018 Darby Superintendent Loyd Rennaker Pelton. On October 4, 1936, Dorothy reau of Land Management permit and for his 24 years of service to the Darby married Rodney H.J. Campbell, and to- moved their herd to deeded lands and School District. gether, they raised 11 children in the rented private lands in order to better After graduating from Darby himself, same town where Dorothy was born. monitor the health and quality of their Loyd furthered his education at the Dorothy is extremely proud of her 32 cattle. This early commitment to the University of Montana Western. With grandchildren, 44 great-grandchildren, quality of their purebred bulls and degrees to teach high school math and and 20 great-great-grandchildren. sires has continued and is a key to chemistry, Loyd first taught for 1 year Dorothy spent several years as a their success in building a loyal cus- in Malta before returning to Darby. homemaker before beginning work as a tomer base over the years. Innovation Since then, he has served the school spinner in a local mill. Dorothy also has also been a major focus for the district in a number of roles, including drove a school bus before her retire- Colyer family, passed from generation as high school math and science teach- ment. Today Dorothy spends her free to generation. For example, in 1993, er, elementary school principal, high time playing cribbage, completing puz- Ray and Bonnie added an Angus cattle school principal, athletic director, zles, reading, and crocheting. In the herd to the ranch as a response to com- coach, and superintendent. last 10 years, Dorothy has crocheted mercial customer demand for a breed As superintendent, Loyd helped bring nearly 160 blankets for each of her fam- of cattle uniquely suited to Idaho’s en- high-speed internet to the town of ily members and for several charities. vironment. Additionally, the ranch has Darby, providing more opportunity to As an active member in her commu- adapted a number of innovative tech- students and teachers, as well as the nity, Dorothy is involved in the Con- nologies to help select the finest bulls whole Darby community. gregational Church, the Langdon Com- and sires to breed superior cattle for Loyd Rennaker is a wonderful exam- munity Club, and the Warren Pond their customers, including ultrasound, ple of Montana’s rich heritage of deep Grange. artificial insemination, DNA markers, community ties. He has had a great ca- I hope you join me, Dorothy’s friends herd management software, and em- reer at Darby schools and has loved and family, and many people in the bryo transplants. teaching and watching students grow town of Langdon and across the Gran- Today the ranch is managed by Ray into successful citizens. After 25 years ite State in wishing Dorothy Campbell and Bonnie’s son and grandson, Guy of investing in the next generation, a very happy 100th birthday.∑ and Kyle. Kyle and his sister Katie Loyd will retire from the Darby School f grew up helping out on the family District in June. ranch, which fostered their shared love Thank you, Loyd, for all your hard RECOGNIZING COLYER HEREFORDS of the industry. The two went on to ∑ work and service. AND ANGUS pursue animal science degrees in col- f ∑ Mr. RISCH. Mr. President, as you lege and were active in agriculture ac- TRIBUTE TO AIDAN VERESS may know, agriculture is vital to the tivities such as livestock judging and economic success of my home State of ∑ Mr. DAINES. Mr. President, this ag student government. Since grad- Idaho, and ranching in particular has a week I have the honor of recognizing uating, both have helped their father, long and proud history in the State. A 14-year-old Aidan Veress for winning Guy, with the family business. Kyle rancher myself, I know that operating the Treasure State Spelling Bee for the helps with the day-to-day management a ranch and managing land and cattle second year in a row. Aidan is no of the ranch, while Katie coordinates are challenging propositions that re- stranger to success when it comes to cattle shows, manages auction broad- quire quite a bit of industriousness and spelling. He has competed in spelling casts, and travels to sales across the determination. While American bees since the second grade and has country. Katie is also a part-time em- ranches are often depicted as those won the Park County Spelling Bee 3 ployee of the Idaho Cattlemen’s Asso- with huge quantities of cattle and vast years in a row. ciation and owns her own video produc- When asked about his preparation for land holdings, it is important to re- tion company. The Colyer family and success, Aidan talks about his love for member the numerous small, family their enterprise have also greatly bene- reading. Beyond memorization of owned agricultural operations that fited from the hard work and expertise words, Aidan also studies pronuncia- exist all across our country. These of longtime employees Adan Juarez tion, the definitions, and even the rules smaller enterprises, like Colyer Here- and Tony Willis, who have worked on for various languages. His advice for fords and Angus Ranch in Bruneau, are the ranch for over 30 and 15 years, re- younger Montanans who wish to win successful in part because they are spectively. spelling bees is this: Read often, study committed to finding innovative ways Apart from the Colyers’ commitment by yourself and with friends, properly to meet specific market demands. It is to their product, their commitment to enunciate, push yourself to grow your my pleasure as the chairman of the the community is also self-evident. vocabulary, and stay calm. Senate Committee on Small Business Several members of the family serve as Aidan dreams of going to college 1 and Entrepreneurship to recognize emergency first responders on a volun- day and perhaps even working in a Colyer Herefords and Angus Ranch as teer basis in the Bruneau area. Guy is STEM field, but for right now, he is the Senate Small Business of the a member of several local and national busy reading, hiking, camping, trav- Month for March 2018 and to highlight cattle associations, including the eling, playing basketball and video the unique story of their family fo- Owyhee County Cattle Association, the games, and making Montana proud. cused small business. Idaho Cattle Association, and the Na- This two-time State champ will rep- Not only do small businesses like tional Cattlemen’s Beef Association. resent Montana in the Scripps National Colyer’s make a positive economic im- He also serves on the board of directors Spelling Bee in Washington, DC, this pact to State, local, and national of the American Hereford Association. May. economies, but they also contribute to Guy and his wife, Sherry, have also Congratulations, Aidan, you make us the well-being of our communities. A served as advisers for the American Montana proud.∑ mainstay in the Bruneau community, Junior Hereford Association to help the Colyers have been in business for f mentor the next generation of ranch- more than 42 years. This family owned ers. TRIBUTE TO DOROTHY P. business has worked diligently, incor- Colyer Herefords and Angus has been CAMPBELL porated new innovations into their a pillar of Bruneau and surrounding ∑ Ms. HASSAN. Mr. President, today I business model, and displayed dedica- communities for many, many years. wish to recognize and extend my sin- tion to the quality of their product. This family owned business is a prime cerest congratulations and happy Located just 60 miles southeast of example of the American entrepre- birthday wishes to Dorothy P. Camp- Boise along the beautiful Snake River, neurial spirit. Through hard work, a bell, who will celebrate her 100th birth- Colyer Hereford and Angus Ranch has commitment to a quality product, and day on March 23, 2018. truly been a family run operation for community service, the ranch has Dorothy was born in Langdon, NH, on decades. In 1976, the ranch’s founders, thrived as a small family owned agri- March 23, 1918, to Frank and Frances Ray and Bonnie Colyer, sold their Bu- cultural operation.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.084 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1945 I would like to extend my sincerest While Lilliemarie learned about following bills, in which it requests the congratulations to the Colyer family teaching concepts and theories in col- concurrence of the Senate: and all of the employees at Colyer lege, she said the 4 years of mentoring H.R. 4227. An act to require the Secretary Herefords and Angus for being selected by Gloria taught her the fundamentals of Homeland Security to examine what ac- as the March 2018 Small Business of the of teaching. Lilliemarie says teaching tions the Department of Homeland Security Month. You make our great State of starts with having a genuine love for is undertaking to combat the threat of ve- Idaho proud, and I look forward to students and believes that, when the hicular terrorism, and for other purposes. H.R. 4467. An act to require the Federal Air watching your continued growth and children know you love them, they are ∑ Marshal Service to utilize risk-based strate- success. willing to jump through hoops to do gies, and for other purposes. f whatever needs to be done. She loves H.R. 5089. An act to improve threat infor- TRIBUTE TO TAMMY FREEMAN her kids with everything she has, and mation sharing, integrated operations, and they know she loves them. law enforcement training for transportation ∑ Mr. RUBIO. Mr. President, today I Lilliemarie attended the University security, and for other purposes. recognize Tammy Freeman, the of Florida and earned degrees in early H.R. 5131. An act to improve the effectiveness of Federal efforts to identify and ad- Broward County Teacher of the Year elementary and special education. She from Monarch High School in Coconut dress homeland security risks to surface is a fourth-grade teacher at Idylwild transportation, secure against vehicle-based Creek, FL. Elementary School and has been an Tammy received the Teacher of the attacks, and conduct a feasibility assess- Alachua County Public School teacher ment of introducing new security tech- Year award because of her efforts to for 5 years. nologies and measures, and for other pur- challenge and encourage young learn- I would like to extend my sincere poses. ers to grow as critical thinkers. She thanks and appreciation to Lilliemarie The message also announced that the empowers her students by not only infor all the fine work she has done and House has agreed to the following con- stilling skills to help them become suc- wish her continued success in the years current resolution, in which it requests cessful in life, but also by helping them to come.∑ the concurrence of the Senate: see how important their own voice truly is. Instead of giving her students f H. Con. Res. 116. Concurrent resolution providing for a correction in the enrollment the answers, which she believes makes MESSAGES FROM THE HOUSE of H.R. 1625. them dependent on her, Tammy in- At 10:35 a.m., a message from the The message further announced that stead empowers her students by teach- House of Representatives, delivered by ing them the process to discover the the House agreed to the amendment of Mrs. Cole, one of its reading clerks, an- the Senate to the bill (H.R. 1625) to answers on their own. According to nounced that the House has agreed to her, this will help them become better amend the State Department Basic Au- the amendment of the Senate to the thorities Act of 1956 to include severe thinkers and learners throughout their bill (H.R. 3731) to provide overtime pay lifetime. forms of trafficking in persons within for employees of the United States Se- Tammy believes a commitment to the definition of transnational orga- cret Service, and for other purposes. personalized instruction builds stu- nized crime for purposes of the rewards The message also announced that the dents’ confidence in their abilities and program of the Department of State, a strong foundation for a lifetime of House has passed the following bill, in and for other purposes, with an amend- learning. Tammy is dedicated to know- which it requests the concurrence of ment, in which it requests the concur- ing each of her students and walks into the Senate: rence of the Senate. her classroom each day with the desire H.R. 5247. An act to authorize the use of el- ENROLLED BILL SIGNED to inspire her students, the same way igible investigational drugs by eligible pa- At 3:20 p.m., a message from the tients who have been diagnosed with a stage House of Representatives, delivered by she was inspired by her own teachers. of a disease or condition in which there is Tammy has been an English teacher reasonable likelihood that death will occur Mr. Novotny, one of its reading clerks, at Monarch High School for 10 years within a matter of months, or with another announced that the Speaker has signed and serves as chair of the language arts eligible illness, and for other purposes. the following enrolled bill: department. Her passion for her work ENROLLED BILLS SIGNED H.R. 3731. An act to provide overtime pay has earned the respect and admiration The message further announced that for employees of the United States Secret of both students and colleagues, and the Speaker has signed the following Service, and for other purposes. she has shown outstanding ability as enrolled bill: The enrolled bill was subsequently both collaborator and leader. signed by the President pro tempore I would like to express my sincere S. 2040. An act to designate the facility of the United States Postal Service located at (Mr. HATCH). thanks and appreciation to Tammy for 621 Kansas Avenue in Atchison, Kansas, as all the hard work she has done for her the ‘‘Amelia Earhart Post Office Building’’. At 3:56 p.m., a message from the students, and I extend my best wishes House of Representatives, delivered by The enrolled bill was subsequently on her continued success in the years Mr. Novotny, one of its reading clerks, signed by the President pro tempore to come.∑ announced that the House has agreed (Mr. HATCH). f to the amendment of the Senate to the bill (H.R. 4851) to establish the Ken- TRIBUTE TO LILLIEMARIE GORE At 11:22 a.m., a message from the nedy-King National Commemorative ∑ Mr. RUBIO. Mr. President, today I House of Representatives, delivered by Mr. Novotny, one of its reading clerks, Site in the State of Indiana, and for recognize Lilliemarie Gore, the other purposes. Alachua County Teacher of the Year announced that the Speaker has signed f from Idylwild Elementary School in the following enrolled bill: Gainesville, FL. H.R. 1865. An act to amend the Commu- MEASURES REFERRED nications Act of 1934 to clarify that section When Lilliemarie was named Teacher The following bills were read the first of the Year, she thanked two of her 230 of such Act does not prohibit the enforcement against providers and users of inter- and the second times by unanimous own teachers who played important active computer services of Federal and consent, and referred as indicated: roles in her life, Mrs. Jackson and Mrs. State criminal and civil law relating to sex- H.R. 4227. An act to require the Secretary Gloria Jean Merriex. Mrs. Jackson was ual exploitation of children or sex traf- of Homeland Security to examine what ac- her third-grade teacher who inspired ficking, and for other purposes. tions the Department of Homeland Security her to use education as a vehicle to es- The enrolled bill was subsequently is undertaking to combat the threat of ve- cape the tough Miami neighborhood signed by the President pro tempore hicular terrorism, and for other purposes; to the Committee on Homeland Security and where she grew up. Mrs. Merriex was a (Mr HATCH) teacher Lilliemarie worked with at Governmental Affairs. H.R. 4467. An act to require the Federal Air Duval Elementary School who was At 2:05 p.m., a message from the Marshal Service to utilize risk-based strate- known for using rhymes, music, and House of Representatives, delivered by gies, and for other purposes; to the Com- other innovative techniques to teach Mrs. Cole, one of its reading clerks, an- mittee on Commerce, Science, and Transpor- math to students. nounced that the House has passed the tation.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.090 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1946 CONGRESSIONAL RECORD — SENATE March 22, 2018 H.R. 5089. An act to improve threat infor- EC–4640. A communication from the Chair- tion and Federal Employee Antidiscrimina- mation sharing, integrated operations, and man, Medicare Payment Advisory Commis- tion and Retaliation Act of 2002 (No FEAR law enforcement training for transportation sion, transmitting, pursuant to law, a report Act); to the Committee on Homeland Secu- security, and for other purposes; to the Com- entitled ‘‘Report to the Congress: Medicare rity and Governmental Affairs. mittee on Commerce, Science, and Transpor- Payment Policy’’; to the Committee on Fi- EC–4652. A communication from the Execu- tation. nance. tive Director, Office of Equal Employment H.R. 5131. An act to improve the effective- EC–4641. A communication from the Chief Opportunity, Central Intelligence Agency, ness of Federal efforts to identify and ad- of the Publications and Regulations Branch, transmitting, pursuant to law, the Agency’s dress homeland security risks to surface Internal Revenue Service, Department of the fiscal year 2014 annual report relative to the transportation, secure against vehicle-based Treasury, transmitting, pursuant to law, the Notification and Federal Employee Anti- attacks, and conduct a feasibility assess- report of a rule entitled ‘‘Modification to discrimination and Retaliation Act of 2002 ment of introducing new security tech- Revenue Procedure 2018–4’’ (Rev. Proc. 2018– (No FEAR Act); to the Committee on Home- nologies and measures, and for other pur- 19) received in the Office of the President of land Security and Governmental Affairs. poses; to the Committee on Commerce, the Senate on March 20, 2018; to the Com- f Science, and Transportation. mittee on Finance. REPORTS OF COMMITTEES f EC–4642. A communication from the Chief of the Publications and Regulations Branch, The following reports of committees MEASURES READ THE FIRST TIME Internal Revenue Service, Department of the were submitted: Treasury, transmitting, pursuant to law, the The following bills were read the first By Mr. JOHNSON, from the Committee on time: report of a rule entitled ‘‘Issuance of Opinion and Advisory Letters for Pre-approved De- Homeland Security and Governmental Af- H.R. 5247. An act to authorize the use of el- fined Benefit Plans for the Second Six-Year fairs, without amendment: igible investigational drugs by eligible pa- Cycle, Deadline for Employer Adoption of H.R. 70. A bill to amend the Federal Advi- tients who have been diagnosed with a stage the Pre-approved Plans, and Opening of De- sory Committee Act to increase the trans- of a disease or condition in which there is termination Letter Program for the Pre-ap- parency of Federal advisory committees, and reasonable likelihood that death will occur proved Plan Adopters’’ (Announcement 2018– for other purposes (Rept. No. 115–217). within a matter of months, or with another 05) received in the Office of the President of By Mr. THUNE, from the Committee on eligible illness, and for other purposes. the Senate on March 20, 2018; to the Com- Commerce, Science, and Transportation, S. 2629. A bill to improve postal operations, mittee on Finance. without amendment: service, and transparency. EC–4643. A communication from the United S. 374. A bill to enable concrete masonry f States Trade Representative, Executive Of- products manufacturers to establish, fi- fice of the President, transmitting a report nance, and carry out a coordinated program ENROLLED BILLS PRESENTED relative to the ongoing negotiations in the of research, education, and promotion to im- The Secretary of the Senate reported World Trade Organization (WTO) known as prove, maintain, and develop markets for that on today, March 22, 2018, she had the WTO Environmental Goods Agreement concrete masonry products (Rept. No. 115– (EGA); to the Committee on Finance. 218). presented to the President of the By Mr. COCHRAN, from the Committee on United States the following enrolled EC–4644. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- Appropriations: bills: ment of State, transmitting, pursuant to Special Report entitled ‘‘Allocation to S. 2030. An act to deem the compliance law, a report relative to the extension of Subcommittees of Budget Totals for Fiscal date for amended energy conservation stand- waiver authority for Belarus; to the Com- Year 2018’’ (Rept. No. 115–219). ards for ceiling fan light kits to be January mittee on Finance. By Mr. CORKER, from the Committee on 21, 2020, and for other purposes. EC–4645. A communication from the Assist- Foreign Relations, without amendment and S. 2040. An act to designate the facility of ant Secretary, Legislative Affairs, Depart- with an amended preamble: the United States Postal Service located at ment of State, transmitting, pursuant to S. Res. 426. A resolution supporting the 621 Kansas Avenue in Atchison, Kansas, as law, a report relative to the extension of goals of International Women’s Day. By Mr. CORKER, from the Committee on the ‘‘Amelia Earhart Post Office Building’’. waiver authority for Turkmenistan; to the Foreign Relations, without amendment and f Committee on Finance. EC–4646. A communication from the Assist- with a preamble: EXECUTIVE AND OTHER ant Legal Adviser for Treaty Affairs, Depart- S. Res. 429. A resolution commemorating COMMUNICATIONS ment of State, transmitting, pursuant to the the 59th anniversary of Tibet’s 1959 uprising as ‘‘Tibetan Rights Day’’, and expressing The following communications were Case-Zablocki Act, 1 U.S.C. 112b, as amended, the report of the texts and background state- support for the human rights and religious laid before the Senate, together with freedom of the Tibetan people and the Ti- accompanying papers, reports, and doc- ments of international agreements, other than treaties (List 2018–0024—2018–0029); to betan Buddhist faith community. By Mr. CORKER, from the Committee on uments, and were referred as indicated: the Committee on Foreign Relations. EC–4636. A communication from the Con- EC–4647. A communication from the Assist- Foreign Relations, without amendment: gressional Review Coordinator, Animal and ant Secretary, Legislative Affairs, Depart- H.R. 1660. A bill to direct the Adminis- Plant Health Inspection Service, Department ment of State, transmitting, pursuant to trator of the United States Agency for Inter- of Agriculture, transmitting, pursuant to law, an annual report relative to the Ben- national Development to submit to Congress law, the report of a rule entitled ‘‘Restruc- jamin A. Gilman International Scholarship a report on the development and use of glob- turing of Regulations on the Importation of Program for 2016; to the Committee on For- al health innovations in the programs, Plants for Planting’’ (RIN0579–AD75) re- eign Relations. projects, and activities of the Agency. ceived in the Office of the President of the EC–4648. A communication from the Assist- f Senate on March 20, 2018; to the Committee ant Secretary, Legislative Affairs, Depart- EXECUTIVE REPORTS OF on Agriculture, Nutrition, and Forestry. ment of State, transmitting, pursuant to EC–4637. A communication from the Sec- law, an annual report relative to the Ben- COMMITTEES retary of the Navy, transmitting, pursuant jamin A. Gilman International Scholarship The following executive reports of to law, a report relative to the Program Ac- Program for 2015; to the Committee on For- nominations were submitted: quisition Unit Cost (PAUC) for the Littoral eign Relations. By Mr. GRASSLEY for the Committee on Combat Ship (LCS) Mission Modules (MM) EC–4649. A communication from the Assist- the Judiciary. Program; to the Committee on Armed Serv- ant Secretary, Legislative Affairs, Depart- Thomas T. Cullen, of Virginia, to be United ices. ment of State, transmitting, pursuant to States Attorney for the Western District of EC–4638. A communication from the Acting law, a report relative to a waiver of section Virginia for the term of four years. Director, Consumer Financial Protection 1003 of Public Law 100–204 regarding the Pal- Robert K. Hur, of Maryland, to be United Bureau, transmitting, pursuant to law, the estine Liberation Organization Office; to the States Attorney for the District of Maryland 2018 annual report relative to the Fair Debt Committee on Foreign Relations. for the term of four years. Collection Practices Act; to the Committee EC–4650. A communication from the Assist- David C. Joseph, of Louisiana, to be United on Banking, Housing, and Urban Affairs. ant Secretary, Legislative Affairs, Depart- States Attorney for the Western District of EC–4639. A communication from the Assist- ment of State, transmitting, pursuant to Louisiana for the term of four years. ant General Counsel, General Law, Ethics, law, a report entitled ‘‘United States Par- By Mr. BURR for the Select Committee on and Regulation, Department of the Treasury, ticipation in the United Nations in 2013’’; to Intelligence. transmitting, pursuant to law, a report rel- the Committee on Foreign Relations. *Army nomination of Lt. Gen. Paul M. ative to a vacancy in the position of Assist- EC–4651. A communication from the Chair- Nakasone, to be General. ant General Counsel (Treasury)/Chief Coun- man, National Credit Union Administration, sel, Department of the Treasury, received in transmitting, pursuant to law, the National *Nomination was reported with rec- the Office of the President of the Senate on Credit Union Administration’s fiscal year ommendation that it be confirmed sub- March 20, 2018; to the Committee on Finance. 2017 annual report relative to the Notifica- ject to the nominee’s commitment to

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.024 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1947 respond to requests to appear and tes- S. 2597. A bill to amend the Public Health ment, with new tools to prevent gun vio- tify before any duly constituted com- Service Act to reauthorize the program of lence; to the Committee on the Judiciary. mittee of the Senate. payments to children’s hospitals that oper- By Ms. WARREN (for herself and Mrs. (Nominations without an asterisk ate graduate medical education programs, CAPITO): and for other purposes; to the Committee on S. 2608. A bill to provide that a risk evalua- were reported with the recommenda- Health, Education, Labor, and Pensions. tion and mitigation strategy communication tion that they be confirmed.) By Mr. SCHATZ (for himself, Mrs. plan may include information about Federal f GILLIBRAND, Mr. BOOKER, Ms. HARRIS, and State prescribing requirements for controlled substances; to the Committee on INTRODUCTION OF BILLS AND Mr. MERKLEY, Ms. WARREN, Mr. BROWN, Mr. BLUMENTHAL, and Ms. Health, Education, Labor, and Pensions. JOINT RESOLUTIONS BALDWIN): By Mr. MURPHY (for himself and Mrs. The following bills and joint resolu- S. 2598. A bill to establish State-Federal CAPITO): partnerships to provide students the oppor- S. 2609. A bill to amend the Public Health tions were introduced, read the first Service Act to provide grants for State alco- and second times by unanimous con- tunity to attain higher education as in-State public institutions of higher education with- hol and drug agencies to use recovery coach- sent, and referred as indicated: out debt, to provide Federal Pell Grant eligi- es in hospital emergency departments, and By Ms. HASSAN (for herself and Mrs. bility to DREAMer students, to repeal sus- for other purposes; to the Committee on CAPITO): pension of eligibility under the Higher Edu- Health, Education, Labor, and Pensions. S. 2589. A bill to amend title V of the Pub- cation Act of 1965 for drug-related offenses, By Mrs. CAPITO (for herself and Mr. lic Health Service Act to establish a grant and for other purposes; to the Committee on MURPHY): S. 2610. A bill to require the Secretary of program to create comprehensive opioid re- Health, Education, Labor, and Pensions. covery centers, and for other purposes; to Health and Human Services to provide co- By Ms. SMITH: ordinated care to patients who have experi- the Committee on Health, Education, Labor, S. 2599. A bill to provide for the transfer of enced a non-fatal overdose after emergency and Pensions. certain Federal land in the State of Min- By Mr. DONNELLY (for himself and department discharge, and for other pur- nesota for the benefit of the Leech Lake poses; to the Committee on Health, Edu- Mr. GRAHAM): Band of Ojibwe; to the Committee on Indian cation, Labor, and Pensions. S. 2590. A bill to authorize previously ap- Affairs. propriated resources for communities to ad- By Mr. LEE: By Mr. PAUL (for himself and Ms. S. 2611. A bill to amend the Food Security dress persistent or historical crime through HEITKAMP): Act of 1985 to repeal the environmental qual- collaborative cross-sector partnerships; to S. 2600. A bill to amend the Internal Rev- ity incentives program; to the Committee on the Committee on the Judiciary . enue Code of 1986 to repeal the excise tax on Agriculture, Nutrition, and Forestry. By Mr. BLUMENTHAL (for himself, indoor tanning services; to the Committee By Mr. MARKEY: Ms. BALDWIN, Mr. BOOKER, Mr. CASEY, on Finance. S. 2612. A bill to provide for the establish- Mr. COONS, Mr. DURBIN, Mrs. FEIN- By Mr. COONS (for himself and Mr. ment of clean technology consortia to en- STEIN, Mrs. GILLIBRAND, Ms. HATCH): hance the economic, environmental, and en- HEITKAMP, Ms. HIRONO, Mr. KAINE, S. 2601. A bill to amend the Leahy-Smith ergy security of the United States by pro- Mr. LEAHY, Mr. MARKEY, Mr. America Invents Act to extend the period moting domestic development, manufacture, MERKLEY, Mr. MENENDEZ, Mrs. MUR- during which the Under Secretary of Com- and deployment of clean technologies, and RAY, Mr. REED, Mr. SANDERS, Mrs. merce for Intellectual Property and Director for other purposes; to the Committee on SHAHEEN, Mr. UDALL, Mr. VAN HOL- of the United States Patent and Trademark Commerce, Science, and Transportation. LEN, Ms. WARREN, Mr. WHITEHOUSE, Office may set or adjust certain fees, and for By Ms. STABENOW (for herself and Mr. WYDEN, Mr. BROWN, Ms. CORTEZ other purposes; to the Committee on the Ju- Mr. BARRASSO): MASTO, Mr. HEINRICH, and Mr. diciary. S. 2613. A bill to amend title XVIII of the SCHATZ): By Mr. BARRASSO (for himself, Mr. Social Security Act to improve access to S. 2591. A bill to amend title 9 of the WHITEHOUSE, Mrs. CAPITO, and Ms. mental health services under the Medicare United States Code with respect to arbitra- HEITKAMP): program; to the Committee on Finance. tion; to the Committee on the Judiciary. S. 2602. A bill to support carbon dioxide By Mr. THUNE: By Mrs. ERNST: utilization and direct air capture research, S. 2614. A bill to amend the Food Security S. 2592. A bill to establish a competitive to facilitate the permitting and development Act of 1985 to improve the conservation re- bidding process for the relocation of the of carbon capture, utilization, and sequestra- serve program, and for other purposes; to the headquarters of Executive agencies, and for tion projects and carbon dioxide pipelines, Committee on Agriculture, Nutrition, and other purposes; to the Committee on Home- and for other purposes; to the Committee on Forestry. land Security and Governmental Affairs. Environment and Public Works. By Ms. SMITH (for herself and Mr. By Mr. LANKFORD (for himself, Ms. By Mr. BLUMENTHAL (for himself, YOUNG): KLOBUCHAR, Mr. GRAHAM, Ms. HAR- Ms. WARREN, and Ms. BALDWIN): S. 2615. A bill to establish an interagency RIS, Ms. COLLINS, Mr. HEINRICH, Mr. S. 2603. A bill to amend the Internal Rev- One Health Program, and for other purposes; BURR, and Mr. WARNER): enue Code of 1986 to allow a credit against to the Committee on Health, Education, S. 2593. A bill to protect the administra- income tax for qualified conservation con- Labor, and Pensions. tion of Federal elections against cybersecu- tributions which include National Scenic By Ms. STABENOW: rity threats; to the Committee on Rules and Trails; to the Committee on Finance. S. 2616. A bill to prioritize education and Administration. By Mr. CASEY: training for current and future members of By Mr. MURPHY: S. 2604. A bill to amend the Oil Region Na- the environmental health workforce; to the S. 2594. A bill to amend the Internal Rev- tional Heritage Area Act to reauthorize the Committee on Health, Education, Labor, and enue Code of 1986 to extend the exclusion of Oil Region National Heritage Area, and for Pensions. gain or loss from the sale or exchange of cer- other purposes; to the Committee on Energy By Mr. BOOZMAN (for himself and Mr. tain brownfield sites from unrelated business and Natural Resources. COTTON): S. 2617. A bill to recognize the National taxable income, and to extend expensing of By Ms. BALDWIN (for herself, Ms. environmental remediation costs; to the Aviation Cadet Museum of the United WARREN, and Mr. SCHATZ): States; to the Committee on Energy and Committee on Finance. S. 2605. A bill to prohibit public companies Natural Resources. By Mr. FLAKE (for himself and Mr. from repurchasing their shares on the open By Mr. RUBIO: COONS): market, and for other purposes; to the Com- S. 2618. A bill to amend subpart 1 of part A S. 2595. A bill to amend the Zimbabwe De- mittee on Banking, Housing, and Urban Af- of title IV of the Elementary and Secondary mocracy and Economic Recovery Act of 2001; fairs. Education Act of 1965 in order to ensure that to the Committee on Foreign Relations. By Mr. SCHATZ (for himself, Mrs. CAP- grant activities do not discourage the report- By Mr. CARDIN (for himself and Mr. ITO, and Mr. UDALL): ing of violent offenses or interfere with Fed- VAN HOLLEN): S. 2606. A bill to require the Secretary of eral, State, or local law enforcement agen- S. 2596. A bill to amend the Higher Edu- Health and Human Services to award grants cies; to the Committee on Health, Education, cation Act of 1965 to amend the process by for training health professionals to treat Labor, and Pensions. which students with certain special cir- opioid addiction and other substance use dis- By Ms. SMITH: cumstances apply for Federal financial aid; orders through using technology-enabled S. 2619. A bill to amend the Farm Security to the Committee on Health, Education, models, and for other purposes; to the Com- and Rural Investment Act of 2002 to reau- Labor, and Pensions. mittee on Health, Education, Labor, and thorize energy programs through fiscal year By Mr. CASEY (for himself, Mr. ISAK- Pensions. 2023, and for other purposes; to the Com- SON, Mr. BROWN, Mr. BLUNT, Mr. By Mr. RUBIO (for himself, Mr. NEL- mittee on Agriculture, Nutrition, and For- WHITEHOUSE, Mr. PORTMAN, Ms. WAR- SON, and Mr. REED): estry. REN, Mr. ROBERTS, Mr. MURPHY, Mr. S. 2607. A bill to provide family members of By Mr. PETERS: CORNYN, Mr. REED, Mr. PERDUE, and an individual who they fear is a danger to S. 2620. A bill to establish a Federal cyber Mr. BLUMENTHAL): himself, herself, or others, or law enforce- joint duty program for cyber employees of

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.030 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1948 CONGRESSIONAL RECORD — SENATE March 22, 2018 Federal agencies; to the Committee on By Mr. MORAN (for himself, Mr. selors Appreciation Day’’; considered and Homeland Security and Governmental Af- TOOMEY, Mr. ENZI, Mr. ROUNDS, Mr. agreed to. fairs. LANKFORD, Mr. KENNEDY, Mr. HATCH, By Mrs. FEINSTEIN (for herself, Mr. By Ms. BALDWIN (for herself, Mrs. Mr. WICKER, Mr. HOEVEN, Mr. BLUNT, MENENDEZ, Ms. MURKOWSKI, Ms. COL- MURRAY, Mr. BROWN, Ms. WARREN, Mr. JOHNSON, Mr. INHOFE, Mr. HELL- LINS, Mr. CARPER, Ms. WARREN, Mr. Mr. MARKEY, and Mr. SANDERS): ER, Mr. ISAKSON, Mr. SCOTT, and Mr. VAN HOLLEN, Mr. REED, Ms. BALDWIN, S. 2621. A bill to amend the Occupational BOOZMAN): Mr. KAINE, Mrs. SHAHEEN, Mr. Safety and Health Act of 1970 to expand cov- S.J. Res. 57. A joint resolution providing BROWN, Mr. KING, Mr. COONS, Ms. erage under the Act, to increase protections for congressional disapproval under chapter 8 HIRONO, Mrs. ERNST, Mrs. MURRAY, for whistleblowers, to increase penalties for of title 5, United States Code, of the rule Mr. MARKEY, Mr. BENNET, Ms. high gravity violations, to adjust penalties submitted by Bureau of Consumer Financial DUCKWORTH, Mr. BOOKER, Mr. SAND- for inflation, to provide rights for victims or Protection relating to ‘‘Indirect Auto Lend- ERS, Ms. HARRIS, Mr. DURBIN, Ms. their family members, and for other pur- ing and Compliance with the Equal Credit CORTEZ MASTO, Ms. SMITH, and Ms. poses; to the Committee on Health, Edu- Opportunity Act’’; to the Committee on CANTWELL): cation, Labor, and Pensions. Banking, Housing, and Urban Affairs. S. Res. 448. A resolution designating March By Mr. INHOFE (for himself, Mrs. SHA- f 2018 as ‘‘National Women’s History Month’’; HEEN, and Mr. LANKFORD): considered and agreed to. S. 2622. A bill to require directors of med- SUBMISSION OF CONCURRENT AND By Mr. TESTER (for himself, Mr. ical facilities of the Department of Veterans SENATE RESOLUTIONS DAINES, Mr. CARDIN, Mr. DURBIN, Mrs. Affairs to submit plans to the Secretary of The following concurrent resolutions FEINSTEIN, Mr. WHITEHOUSE, Ms. HAR- Veterans Affairs on how to improve such fa- RIS, Mr. LEAHY, Mr. MERKLEY, Mr. and Senate resolutions were read, and cilities, and for other purposes; to the Com- BOOKER, Mr. MARKEY, Mr. ISAKSON, mittee on Veterans’ Affairs. referred (or acted upon), as indicated: and Ms. WARREN): By Mr. COTTON (for himself and Mr. By Mr. MENENDEZ (for himself, Mr. S. Res. 449. A resolution designating the RUBIO): BENNET, Ms. CORTEZ MASTO, Ms. first week of April 2018 as ‘‘National Asbes- S. 2623. A bill to require the Secretary of DUCKWORTH, Mr. DURBIN, Mrs. FEIN- tos Awareness Week’’; considered and agreed Transportation to modify hours of service re- STEIN, Ms. HARRIS, Mr. HEINRICH, Ms. to. quirements to include all fish in the defini- HIRONO, Mr. MARKEY, Mrs. MURRAY, By Mr. RUBIO (for himself and Mr. tion of ‘‘agricultural commodity’’, and for Mr. SANDERS, Mr. SCHUMER, Ms. MENENDEZ): other purposes; to the Committee on Com- SMITH, Mr. UDALL, and Ms. WARREN): S. Res. 450. A resolution reaffirming the merce, Science, and Transportation. S. Res. 441. A resolution honoring the ac- United States-Egypt partnership and the By Mr. BOOKER (for himself and Mr. complishments and legacy of Cesar Estrada Egyptian people’s right to free, fair, credible, LEE): Chavez; to the Committee on the Judiciary. and peaceful elections on March 26, 2018; to S. 2624. A bill to amend the Food Security By Mr. COONS (for himself, Mr. RUBIO, the Committee on Foreign Relations. Act of 1985 to make adjustments to the envi- Mr. PORTMAN, and Mrs. SHAHEEN): By Ms. DUCKWORTH (for herself and ronmental quality incentives program, and S. Res. 442. A resolution expressing soli- Ms. WARREN): for other purposes; to the Committee on Ag- darity with the United Kingdom after the S. Res. 451. A resolution recognizing the riculture, Nutrition, and Forestry. nerve agent attack in Salisbury; to the Com- significance of endometriosis as an unmet By Mr. GRASSLEY (for himself, Mrs. mittee on Foreign Relations. chronic disease for women and designating FEINSTEIN, Ms. HARRIS, and Mr. By Mr. MENENDEZ (for himself, Mr. March 2018 as ‘‘Endometriosis Awareness CORKER): BARRASSO, Mr. BLUMENTHAL, Mr. Month’’; to the Committee on the Judiciary. S. 2625. A bill to amend title 17, United WHITEHOUSE, Mr. DURBIN, Mr. MUR- f States Code, to provide for the payment of PHY, Mr. REED, Mr. CASEY, Mr. performance royalties to certain producers, WYDEN, Mr. VAN HOLLEN, Mr. GARD- ADDITIONAL COSPONSORS mixers, and sound engineers of sound record- NER, Mr. ENZI, Mr. NELSON, Mr. S. 266 ings, and for other purposes; to the Com- COONS, Mr. BOOKER, Mr. CARPER, Mr. mittee on the Judiciary. At the request of Mr. HATCH, the JOHNSON, Mr. RUBIO, Mr. CARDIN, Mr. By Mr. YOUNG (for himself and Mr. names of the Senator from Michigan DONNELLY, Mr. BENNET, Mrs. SHA- CASSIDY): (Ms. STABENOW) and the Senator from S. 2626. A bill to clarify the requirements HEEN, and Mr. PERDUE): S. Res. 443. A resolution recognizing the Montana (Mr. TESTER) were added as for receiving certain grants through the Na- 197th anniversary of the independence of cosponsors of S. 266, a bill to award the tional Mental Health and Substance Use Pol- Greece and celebrating democracy in Greece Congressional Gold Medal to Anwar icy Laboratory; to the Committee on Health, and the United States; to the Committee on Sadat in recognition of his heroic Education, Labor, and Pensions. Foreign Relations. By Mr. BLUMENTHAL (for himself, achievements and courageous contribu- By Ms. MURKOWSKI (for herself, Mr. Mr. MURPHY, and Mr. WHITEHOUSE): tions to peace in the Middle East. S. 2627. A bill to appropriately restrict UDALL, Mr. HOEVEN, Ms. HIRONO, Ms. S. 281 HARRIS, Ms. HEITKAMP, Ms. WARREN, sales of ammunition; to the Committee on At the request of Mr. LEE, the name Mr. TESTER, Ms. SMITH, Ms. CORTEZ the Judiciary. of the Senator from Kentucky (Mr. MASTO, Ms. CANTWELL, Mr. SCHATZ, By Mr. MARKEY (for himself and Ms. PAUL) was added as a cosponsor of S. WARREN): Mr. SCHUMER, Mr. HEINRICH, Mr. S. 2628. A bill to reaffirm the Mashpee DAINES, Mr. LANKFORD, Mrs. FEIN- 281, a bill to amend the Immigration Wampanoag Tribe reservation, and for other STEIN, Mrs. MURRAY, Mr. WYDEN, Ms. and Nationality Act to eliminate the purposes; to the Committee on Indian Af- KLOBUCHAR, and Mr. SANDERS): per-country numerical limitation for fairs. S. Res. 444. A resolution recognizing the employment-based immigrants, to in- By Mr. CARPER (for himself, Mr. heritage, culture, and contributions of Amer- crease the per-country numerical limi- MORAN, Ms. HEITKAMP, and Mrs. ican Indian, Alaska Native, and Native Ha- tation for family-sponsored immi- waiian women in the United States; to the MCCASKILL): grants, and for other purposes. S. 2629. A bill to improve postal operations, Committee on Indian Affairs. service, and transparency; read the first By Mr. MENENDEZ (for himself, Mr. S. 292 time. RUBIO, Mr. BLUMENTHAL, Mr. CASEY, At the request of Mr. REED, the By Ms. DUCKWORTH: Ms. CORTEZ MASTO, Mr. DURBIN, Mrs. names of the Senator from Idaho (Mr. S. 2630. A bill to amend section 5707 of title GILLIBRAND, Ms. HARRIS, Mr. NELSON, RISCH), the Senator from New Jersey 5, United States Code, to require the General Mr. SCHUMER, Ms. WARREN, Mr. SAND- (Mr. MENENDEZ) and the Senator from Services Administration to make informa- ERS, Ms. BALDWIN, and Mr. WYDEN): New Hampshire (Ms. HASSAN) were tion regarding travel by the heads of Execu- S. Res. 445. A resolution marking the 6- added as cosponsors of S. 292, a bill to tive agencies and other individuals in senior month anniversary of the devastation of positions publicly available; to the Com- Puerto Rico and the United States Virgin Is- maximize discovery, and accelerate de- mittee on Homeland Security and Govern- lands by Hurricane Maria; considered and velopment and availability, of prom- mental Affairs. agreed to. ising childhood cancer treatments, and By Mr. GRAHAM: By Mr. ISAKSON (for himself, Mr. for other purposes. S.J. Res. 56. A joint resolution providing CASEY, and Ms. HASSAN): S. 356 for congressional disapproval under chapter 8 S. Res. 446. A resolution designating March At the request of Ms. STABENOW, the of title 5, United States Code, of the rule 25, 2018, as ‘‘National Cerebral Palsy Aware- name of the Senator from Minnesota submitted by Bureau of Consumer Financial ness Day’’; considered and agreed to. Protection relating to ‘‘Payday, Vehicle, By Mr. CASEY (for himself and Mr. (Ms. SMITH) was added as a cosponsor Title, and Certain High-Cost Installment ISAKSON): of S. 356, a bill to amend title XXI of Loans’’; to the Committee on Banking, Hous- S. Res. 447. A resolution designating March the Social Security Act to improve ac- ing, and Urban Affairs. 22, 2018, as ‘‘National Rehabilitation Coun- cess to, and the delivery of, children’s

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.033 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1949 health services through school-based nate disparities in maternal health PERDUE) was added as a cosponsor of S. health centers, and for other purposes. outcomes for pregnancy-related and 2463, a bill to establish the United S. 382 pregnancy-associated deaths, to iden- States International Development Fi- At the request of Mr. MENENDEZ, the tify solutions to improve health care nance Corporation, and for other pur- name of the Senator from Indiana (Mr. quality and health outcomes for moth- poses. YOUNG) was added as a cosponsor of S. ers, and for other purposes. S. 2495 382, a bill to require the Secretary of S. 1212 At the request of Mr. HATCH, the Health and Human Services to develop At the request of Mrs. FEINSTEIN, the names of the Senator from Colorado a voluntary registry to collect data on name of the Senator from New Hamp- (Mr. GARDNER), the Senator from cancer incidence among firefighters. shire (Ms. HASSAN) was added as a co- South Dakota (Mr. ROUNDS) and the S. 548 sponsor of S. 1212, a bill to provide fam- Senator from Texas (Mr. CRUZ) were At the request of Ms. CANTWELL, the ily members of an individual who they added as cosponsors of S. 2495, a bill to names of the Senator from Minnesota fear is a danger to himself, herself, or reauthorize the grant program for (Ms. KLOBUCHAR), the Senator from others, and law enforcement, with new school security in the Omnibus Crime New York (Mrs. GILLIBRAND), the Sen- tools to prevent gun violence. Control and Safe Streets Act of 1968. ator from New Jersey (Mr. MENENDEZ), S. 1539 S. 2513 the Senator from Massachusetts (Mr. At the request of Ms. KLOBUCHAR, the At the request of Mr. ALEXANDER, the MARKEY), the Senator from North Da- names of the Senator from Michigan name of the Senator from Alaska (Mr. kota (Ms. HEITKAMP), the Senator from (Mr. PETERS) and the Senator from SULLIVAN) was added as a cosponsor of Michigan (Ms. STABENOW), the Senator New Hampshire (Ms. HASSAN) were S. 2513, a bill to improve school safety from Maryland (Mr. CARDIN), the Sen- added as cosponsors of S. 1539, a bill to and mental health services. ator from Rhode Island (Mr. WHITE- protect victims of stalking from gun S. 2521 HOUSE), the Senator from California violence. At the request of Mr. BLUMENTHAL, (Mrs. FEINSTEIN), the Senator from S. 1774 the name of the Senator from Maine Delaware (Mr. COONS), the Senator At the request of Mr. HATCH, the (Ms. COLLINS) was added as a cosponsor from Maine (Mr. KING), the Senator name of the Senator from Iowa (Mrs. of S. 2521, a bill to authorize the from Hawaii (Ms. HIRONO), the Senator ERNST) was added as a cosponsor of S. issuance of extreme risk protection or- from Illinois (Ms. DUCKWORTH), the 1774, a bill to provide protections for ders. Senator from Pennsylvania (Mr. workers with respect to their right to S. 2538 CASEY), the Senator from Florida (Mr. select or refrain from selecting rep- At the request of Mr. FLAKE, the NELSON) and the Senator from Ohio resentation by a labor organization. name of the Senator from North Da- (Mr. BROWN) were added as cosponsors S. 1989 kota (Ms. HEITKAMP) was added as a co- of S. 548, a bill to amend the Internal At the request of Ms. KLOBUCHAR, the sponsor of S. 2538, a bill to prohibit an Revenue Code of 1986 to reform the low- name of the Senator from New Jersey increase in duties on imports of steel income housing credit, and for other (Mr. BOOKER) was added as a cosponsor and aluminum. purposes. of S. 1989, a bill to enhance trans- S. 2543 S. 601 parency and accountability for online At the request of Ms. HEITKAMP, the At the request of Mr. DURBIN, the political advertisements by requiring name of the Senator from New Hamp- those who purchase and publish such name of the Senator from Michigan (Ms. STABENOW) was added as a cospon- shire (Mrs. SHAHEEN) was added as a co- ads to disclose information about the sponsor of S. 601, a bill to ensure that advertisements to the public, and for sor of S. 2543, a bill to amend part B of significantly more students graduate other purposes. title IV of the Social Security Act to provide grants to develop and enhance, college with the international knowl- S. 1996 or to evaluate, kinship navigator pro- edge and experience essential for suc- At the request of Mr. BOOKER, the grams, and for other purposes. cess in today’s global economy through name of the Senator from Delaware S. 2551 the establishment of the Senator Paul (Mr. COONS) was added as a cosponsor Simon Study Abroad Program in the of S. 1996, a bill to require Federal At the request of Mr. COONS, the Department of Education. agencies to address environmental jus- name of the Senator from Illinois (Mr. S. 834 tice, to require consideration of cumu- DURBIN) was added as a cosponsor of S. At the request of Mr. MARKEY, the lative impacts in certain permitting 2551, a bill to modernize United States name of the Senator from New Hamp- decisions, and for other purposes. international food assistance programs made available through the Food for shire (Ms. HASSAN) was added as a co- S. 2143 Peace Act, and for other purposes. sponsor of S. 834, a bill to authorize the At the request of Ms. CANTWELL, her appropriation of funds to the Centers name was added as a cosponsor of S. S. 2574 for Disease Control and Prevention for 2143, a bill to amend the National At the request of Mrs. SHAHEEN, the conducting or supporting research on Labor Relations Act to strengthen pro- name of the Senator from New Hamp- firearms safety or gun violence preven- tections for employees wishing to advo- shire (Ms. HASSAN) was added as a co- tion. cate for improved wages, hours, or sponsor of S. 2574, a bill to provide S. 1022 other terms or conditions of employ- rental assistance to low-income ten- At the request of Mr. ISAKSON, the ment, to expand coverage under such ants of certain multifamily rural hous- name of the Senator from Nevada (Mr. Act, to provide a process for achieving ing projects, and for other purposes. HELLER) was added as a cosponsor of S. initial collective bargaining agree- S. 2578 1022, a bill to amend the Public Health ments, and to provide for stronger rem- At the request of Mr. SCHATZ, the Service Act to facilitate assignment of edies for interference with these rights, name of the Senator from New York military trauma care providers to ci- and for other purposes. (Mrs. GILLIBRAND) was added as a co- vilian trauma centers in order to main- S. 2448 sponsor of S. 2578, a bill to amend title tain military trauma readiness and to At the request of Mr. KENNEDY, the 13, United States Code, to require the support such centers, and for other pur- name of the Senator from South Caro- Secretary of Commerce to provide ad- poses. lina (Mr. GRAHAM) was added as a co- vanced notice to Congress before S. 1112 sponsor of S. 2448, a bill to provide for changing any questions on the decen- At the request of Ms. HEITKAMP, the the issuance of a rule to advance next- nial census, and for other purposes. name of the Senator from Rhode Island generation technologies to provide al- S. 2580 (Mr. REED) was added as a cosponsor of ternatives to hydrofluorocarbons, and At the request of Mr. MENENDEZ, the S. 1112, a bill to support States in their for other purposes. name of the Senator from Rhode Island work to save and sustain the health of S. 2463 (Mr. WHITEHOUSE) was added as a co- mothers during pregnancy, childbirth, At the request of Mr. CORKER, the sponsor of S. 2580, a bill to amend title and in the postpartum period, to elimi- name of the Senator from Georgia (Mr. 13, United States Code, to make clear

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.035 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1950 CONGRESSIONAL RECORD — SENATE March 22, 2018 that each decennial census, as required with the highest quality yet least ex- (1) in subsection (h)(1), by inserting the fol- for the apportionment of Representa- pensive college education. lowing before the semicolon: ‘‘, including the tives in Congress among the several Despite our work, a number of our special circumstances under which a student students are being left behind and can- may qualify for a determination of independ- States, shall tabulate the total number ence’’; and of persons in each State, and to provide not take advantage of these changes. (2) by adding at the end the following: that no information regarding United Those students, who face difficult per- ‘‘(i) PROVISIONAL INDEPENDENT STUDENTS.— States citizenship or immigration sta- sonal and financial situations, includ- ‘‘(1) REQUIREMENTS FOR THE SECRETARY.— tus may be elicited in any such census. ing those who have left home due to The Secretary shall— ‘‘(A) enable each student who, based on the S. 2582 abusive family environments, have par- special circumstance specified in subsection At the request of Ms. WARREN, the ents who are incarcerated, or are unable to locate their parents are unable (h)(1), may qualify for an adjustment under name of the Senator from California section 479A that will result in a determina- (Mrs. FEINSTEIN) was added as a co- to fill out the FAFSA application. tion of independence under such section and sponsor of S. 2582, a bill to provide Rather than fill out one universal Fed- section 480(d)(1)(I), to complete the forms de- health insurance reform, and for other eral financial aid application form, a veloped by the Secretary under subsection purposes. potential college student must contact (a) as an independent student for the purpose each institution they are applying to of an initial determination of the student’s S. 2584 and undergo a ‘‘dependency override’’ Federal financial aid award by a financial At the request of Ms. BALDWIN, the process before a college or university aid administrator at an institution of higher education to which the student is applying name of the Senator from Ohio (Mr. will put together an estimated finan- BROWN) was added as a cosponsor of S. for financial aid, but subject to verification cial aid package for the student. Under under paragraph (2)(B) for the purpose of the 2584, a bill to end discrimination based this process, a student applying to one on actual or perceived sexual orienta- final determination of the award; and university in my state must submit ‘‘(B) specify, on the forms, the con- tion or gender identity in public nine different pieces of financial infor- sequences under section 490(a) of knowingly schools, and for other purposes. mation, personal statement, and ref- and willfully completing the forms as an S. RES. 432 erences in order to verify their inde- independent student under subparagraph (A) without meeting the special circumstances At the request of Mr. JOHNSON, the pendent status. These students, often names of the Senator from Wyoming to qualify for such a determination. first generation students unfamiliar ‘‘(2) REQUIREMENTS FOR FINANCIAL AID AD- (Mr. BARRASSO) and the Senator from with the process for applying to school, MINISTRATORS.—With respect to a student Arizona (Mr. MCCAIN) were added as co- may give up on the dependency over- who completes the forms as an independent sponsors of S. Res. 432, a resolution ride process and fail to finish the col- student under paragraph (1)(A), a financial congratulating the Baltic states of Es- lege application process or leave sig- aid administrator shall— tonia, Latvia, and Lithuania on the nificant Federal financial aid on the ‘‘(A) provide an initial determination of 100th anniversary of their declarations table. the student’s Federal financial aid award to of independence. the student in the same manner as, and by The FAFSA Fairness Act would seek not later than the date that, the adminis- f to correct this inequity for some of our trator provides other independent students STATEMENTS ON INTRODUCED most vulnerable students. If enacted, their initial determinations of Federal finan- BILLS AND JOINT RESOLUTIONS my legislation would allow students in cial aid awards; and these difficult personal and financial ‘‘(B) in making a final determination of By Mr. CARDIN (for himself and circumstances to fill out a FAFSA as a the student’s Federal financial aid award, Mr. VAN HOLLEN): ‘‘provisional independent’’ student that use the discretion provided under sections 479A and 480(d)(1)(I) to verify whether the S. 2596. A bill to amend the Higher colleges and universities would be able Education Act of 1965 to amend the student meets the special circumstances to to provide those students with an ini- qualify as an independent student. process by which students with certain tial financial aid award package. Once ‘‘(3) DEFINITION.—For purposes of this sub- special circumstances apply for Fed- the student has had the opportunity to section, the term ‘other independent stu- eral financial aid; to the Committee on review the financial aid award pack- dents’ means students— Health, Education, Labor, and Pen- ages from the schools they applied to ‘‘(A) who meet the definition of ‘inde- sions. and selected the school of their choice, pendent’ under section 480(d)(1); and Mr. CARDIN. Mr. President, I would that school’s financial aid administra- ‘‘(B) whose independent status is not sub- like to bring the Senate’s attention to ject to verification by a financial aid admin- tors will work with the student to com- istrator under paragraph (2)(B).’’. Free Application for Federal Student plete the ‘‘dependency override’’ proc- Aid (FAFSA) Fairness Act of 2018, the ess and finalize the student’s financial f common sense legislation I am intro- aid award package. SUBMITTED RESOLUTIONS ducing with the junior Senator from I’m proud to lead the Senate efforts Maryland today. This legislation seeks with my seatmate from Maryland and to eliminate a barrier that potential appreciate the work of my colleague SENATE RESOLUTION 441—HON- college students with difficult personal from Maryland’s 7th Congressional Dis- ORING THE ACCOMPLISHMENTS and financial circumstances face when trict to lead this effort in the House of AND LEGACY OF CESAR applying for Federal financial aid. Representatives. I urge my colleagues ESTRADA CHAVEZ This body has worked to improve the to join in this effort to help students Mr. MENENDEZ (for himself, Mr. college application process for students achieve their dream of higher edu- BENNET, Ms. CORTEZ MASTO, Ms. and their families over the last several cation despite their difficult family DUCKWORTH, Mr. DURBIN, Mrs. FEIN- years and successfully lobbied the De- and financial circumstances. STEIN, Ms. HARRIS, Mr. HEINRICH, Ms. partment of Education to allow stu- Mr. President, I ask unanimous con- HIRONO, Mr. MARKEY, Mrs. MURRAY, dents and their families to submit sent that the text of the joint resolu- Mr. SANDERS, Mr. SCHUMER, Ms. SMITH, their FAFSA application in October tion be printed in the RECORD. Mr. UDALL, and Ms. WARREN) sub- and utilize prior-prior year tax data. There being no objection, the text of mitted the following resolution; which These changes provide future college the joint resolution was ordered to be was referred to the Committee on the students and their families with sev- printed in the RECORD, as follows: Judiciary: eral months to submit their financial S. 2596 S. RES. 441 information instead of a short time Be it enacted by the Senate and House of Rep- Whereas Ce´sar Estrada Cha´ vez was born on frame between January and February resentatives of the United States of America in March 31, 1927, near Yuma, Arizona; to meet State and institutional based Congress assembled, Whereas Ce´sar Estrada Cha´ vez spent his deadlines for need- and merit-based fi- SECTION 1. SHORT TITLE. early years on a family farm; ´ nancial aid programs. These steps have This Act may be cited as the ‘‘FAFSA Whereas, at the age of 10, Cesar Estrada Fairness Act of 2018’’. Cha´ vez joined the thousands of migrant farm made it easier to students to sit with SEC. 2. CHANGES TO THE FAFSA FOR CERTAIN workers laboring in fields and vineyards their families and make informed fi- STUDENTS. throughout the Southwest after a bank fore- nancial decisions on which college or Section 483 of the Higher Education Act of closure resulted in the loss of the family university will provide the student 1965 (20 U.S.C. 1090) is amended— farm;

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.037 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1951 Whereas Ce´sar Estrada Cha´ vez, after at- Whereas, on October 8, 2012, President Paris January 13, 1993 (commonly known as tending more than 30 elementary and middle Barack Obama authorized the Secretary of the ‘‘Chemical Weapons Convention’’), which schools and achieving an eighth grade edu- the Interior to establish a Ce´sar Estrada clearly prohibits the production and use of cation, left school to work full-time as a Cha´ vez National Monument in Keene, Cali- chemical weapons; farm worker to help support his family; fornia; Whereas former Russian spy Alexander Whereas, at the age of 17, Ce´sar Estrada Whereas President Barack Obama was the Litvinenko was killed by a radioactive sub- ´ Chavez entered the United States Navy and last President to honor the life and service of stance in London in November 2006, and an served the United States with distinction for Cesar Estrada Chavez by proclaiming March inquiry by the Government of the United 2 years; 31, 2016, to be ‘‘Cesar Chavez Day’’ and by Kingdom found that President of the Russian Whereas, in 1948, Ce´sar Estrada Cha´ vez re- asking all people of the United States to ob- Federation Vladimir Putin ‘‘probably’’ ap- turned from military service to marry Helen serve March 31 with service, community, and proved the murder; Fabela, whom he had met while working in education programs to honor the enduring Whereas, on March 4, 2018, Sergei Skripal the vineyards of central California; legacy of Cesar Estrada Chavez; and Whereas Ce´sar Estrada Cha´ vez and Helen Whereas the United States should continue and his daughter, Yulia Skripal, were found Fabela had 8 children; the efforts of Ce´sar Estrada Cha´ vez to ensure unconscious on a park bench in Salisbury, Whereas, as early as 1949, Ce´sar Estrada equality, justice, and dignity for all people United Kingdom; Cha´ vez was committed to organizing farm of the United States: Now, therefore, be it Whereas dozens of British civilians and workers to campaign for safe and fair work- Resolved, That the Senate— first responders were exposed to the nerve ing conditions, reasonable wages, livable (1) recognizes the accomplishments and ex- agent, a British police officer who responded housing, and the outlawing of child labor; ample of Ce´sar Estrada Cha´ vez, a great hero to the attack remains seriously ill, and the Whereas, in 1952, Ce´sar Estrada Cha´ vez of the United States; lives of innocent British citizens and resi- joined the Community Service Organization, (2) pledges to promote the legacy of Ce´sar dents of Salisbury have been endangered; a prominent Latino civil rights group, and Estrada Cha´ vez; and Whereas, on March 12, 2018, Theresa May, worked with the organization to coordinate (3) encourages the people of the United Prime Minister of the United Kingdom, in a voter registration drives and conduct cam- States to commemorate the legacy of Ce´sar speech before the House of Commons, noted paigns against discrimination in east Los Estrada Cha´ vez and to always remember his that the attack was conducted ‘‘with a mili- Angeles; great rallying cry, ‘‘≠Sı´, se puede!’’, which is tary-grade nerve agent of a type developed Whereas Ce´sar Estrada Cha´ vez served as Spanish for ‘‘Yes, we can!’’. the national director of the Community by Russia. This is part of a group of nerve Service Organization; f agents known as ‘Novichok’ ’’; Whereas, in 1962, Ce´sar Estrada Cha´ vez left Whereas, on March 12, 2018, Secretary of the Community Service Organization to es- SENATE RESOLUTION 442—EX- State Rex Tillerson noted the nerve agent tablish the National Farm Workers Associa- PRESSING SOLIDARITY WITH ‘‘came from Russia’’ and ‘‘does not exist tion, which eventually became the United THE UNITED KINGDOM AFTER widely’’, and that its use would ‘‘certainly Farm Workers of America; THE NERVE AGENT ATTACK IN trigger a response’’; Whereas Ce´sar Estrada Cha´ vez was a SALISBURY Whereas, on March 14, 2018, the United strong believer in the principles of non- Kingdom expelled 23 Russian diplomats iden- Mr. COONS (for himself, Mr. RUBIO, violence practiced by Mahatma Gandhi and tified as undeclared intelligence officers; Dr. Martin Luther King Jr.; Mr. PORTMAN, and Mrs. SHAHEEN) sub- Whereas, on March 14, 2018, United States Whereas Ce´sar Estrada Cha´ vez effectively mitted the following resolution; which Ambassador to the United Nations Nikki used peaceful tactics that included fasting was referred to the Committee on For- Haley said the United States ‘‘stands in ab- for 25 days in 1968, 25 days in 1972, and 38 days eign Relations.: solute solidarity’’ with the United Kingdom in 1988 to call attention to the terrible work- S. RES. 442 and that ‘‘the United States believes that ing and living conditions of farm workers in the United States; Whereas the United States and the United Russia is responsible for the attack’’; and Whereas, through his commitment to non- Kingdom have a special relationship ground- Whereas, on March 15, 2018, the United violence, Ce´sar Estrada Cha´ vez brought dig- ed in the rule of law, democratic principles, States, the United Kingdom, France, and nity and respect to the organized farm work- a common language, and a strong commit- Germany issued a joint statement and noted ers and became an inspiration to and a re- ment to peace and security; the incident ‘‘constitutes the first offensive source for individuals engaged in human Whereas, on August 14, 1941, President use of a nerve agent in Europe since the Sec- rights struggles throughout the world; Franklin Roosevelt and Prime Minister Win- ond World War’’ and that ‘‘there is no plau- Whereas the influence of Ce´sar Estrada ston Churchill issued the Atlantic Charter, sible alternative explanation’’ to Russia’s re- Cha´ vez extends far beyond agriculture and which defined American and British war sponsibility for the attack: Now, therefore, provides inspiration for individuals working aims and laid the foundation for a post-war be it to better human rights, empower workers, international system founded on free trade and advance the American Dream, which in- and freedom of the seas that persists to this Resolved, That the Senate— cludes all individuals of the United States; day; (1) reaffirms the special relationship be- Whereas Ce´sar Estrada Cha´ vez died on Whereas, on March 5, 1946, Winston tween the United States and the United April 23, 1993, at the age of 66 in San Luis, Churchill delivered his ‘‘Iron Curtain Kingdom; Arizona, only miles from his birthplace; Speech’’ in Fulton, Missouri, stating, ‘‘Nei- (2) expresses its solidarity with the people Whereas more than 50,000 people attended ther the sure prevention of war, nor the con- of Salisbury and the United Kingdom; the funeral services of Ce´sar Estrada Cha´ vez tinuous rise of world organization will be (3) reiterates its commitment to collective in Delano, California; gained without what I have called the fra- defense and security through NATO; Whereas Ce´sar Estrada Cha´ vez was laid to ternal association of the English-speaking (4) wishes for the full recovery of Sergei rest at the headquarters of the United Farm peoples. . . a special relationship between Skripal, his daughter, and the British police Workers of America, known as ‘‘Nuestra the British Commonwealth and Empire and official seriously injured in the attack; Sen˜ ora de La Paz’’, located in the Tehachapi the United States.’’; (5) condemns the indiscriminate and reck- Mountains in Keene, California; Whereas the United States and the United less assault by the Government of the Rus- Whereas, since the death of Ce´sar Estrada Kingdom have stood side by side through two sian Federation on United Kingdom sov- ´ Chavez, schools, parks, streets, libraries, and World Wars, the Korean War, the Cold War, ereignty, and notes that any use of a nerve other public facilities, as well as awards and the Gulf War, and the ongoing wars in Iraq agent by a state party is a clear contraven- scholarships, have been named in his honor; and Afghanistan with Americans and Britons tion of the Chemical Weapons Convention Whereas more than 10 States and dozens of fighting and dying together to defend our and a violation of international law; communities across the United States honor common interests and principles; (6) calls on the Government of the Russian the life and legacy of Ce´sar Estrada Cha´ vez Whereas the United States and the United Federation to fully and completely answer each year on March 31; Kingdom have played central roles in the Whereas March 31 is recognized as an offi- North Atlantic Treaty Organization (NATO) questions related to the chemical attack and cial State holiday in California, Colorado, and are critical to maintaining its future also provide full and comprehensive disclo- and Texas, and there is growing support to strength; sure of its Novichok program to the Organi- designate the birthday of Cesar Estrada Cha- Whereas, in the 1970s and 1980s, scientists zation for the Prohibition of Chemical Weap- vez as a national day of service to memori- in the Soviet Union developed a group of ad- ons (OPCW); and alize his heroism; vanced nerve agents, known as ‘‘Novichok’’, (7) urges the President of the United States Whereas, during his lifetime, Ce´sar Estrada designed to escape detection by inter- to personally condemn the attack in clear, Cha´ vez was a recipient of the Martin Luther national inspectors; unambiguous terms and to take propor- King Jr. Peace Prize; Whereas Russia is party to the Convention tionate, measured, and defensive retaliatory Whereas, on August 8, 1994, Ce´sar Estrada on the Prohibition of the Development, Pro- actions against the Government of the Rus- Cha´ vez was posthumously awarded the Presi- duction, Stockpiling and Use of Chemical sian Federation in coordination with United dential Medal of Freedom; Weapons and on their Destruction, done at States allies in Europe.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.042 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1952 CONGRESSIONAL RECORD — SENATE March 22, 2018 SENATE RESOLUTION 443—RECOG- Whereas Greece, located in a region where of a history of threatened existence, con- NIZING THE 197TH ANNIVERSARY Christianity meets Islam and Judaism, stant removals, and relocations; OF THE INDEPENDENCE OF maintains excellent relations with Muslim Whereas more than 6,000 American Indian, GREECE AND CELEBRATING DE- countries and Israel; Alaska Native, and Native Hawaiian women Whereas Greece remains an integral part of bravely serve as members of the United MOCRACY IN GREECE AND THE the European Union; States Armed Forces; UNITED STATES Whereas the Government of Greece has Whereas more than 17,000 American Indian, Mr. MENENDEZ (for himself, Mr. taken important steps in recent years to fur- Alaska Native, and Native Hawaiian women ther cross-cultural understanding, rap- are veterans who have made lasting con- BARRASSO, Mr. BLUMENTHAL, Mr. prochement, and cooperation in various tributions to the United States military; WHITEHOUSE, Mr. DURBIN, Mr. MURPHY, fields with Turkey, and has also improved its Whereas American Indian, Alaska Native, Mr. REED, Mr. CASEY, Mr. WYDEN, Mr. relations with other countries in the region, and Native Hawaiian women broke down his- VAN HOLLEN, Mr. GARDNER, Mr. ENZI, including Israel, thus enhancing the sta- torical gender barriers to enlistment in the Mr. NELSON, Mr. COONS, Mr. BOOKER, bility of the wider region; military, including— Mr. CARPER, Mr. JOHNSON, Mr. RUBIO, Whereas the Governments and people of (1) Inupiat Eskimo sharpshooter Laura Mr. CARDIN, Mr. DONNELLY, Mr. BEN- Greece and the United States are at the fore- Beltz Wright of the Alaska Territorial Guard NET, Mrs. SHAHEEN, and Mr. PERDUE) front of efforts to advance freedom, democ- during World War II; and (2) Minnie Spotted Wolf of the Blackfeet submitted the following resolution; racy, peace, stability, and human rights; Whereas those efforts and similar ideals Tribe, the first Native American woman to which was referred to the Committee have forged a close bond between the people enlist in the United States Marine Corps in on Foreign Relations: of Greece and the United States; and 1943; S. RES. 443 Whereas it is proper and desirable for the Whereas American Indian, Alaska Native, Whereas the people of ancient Greece de- United States to celebrate March 25, 2018, and Native Hawaiian women have made the veloped the concept of democracy, in which Greek Independence Day, with the people of ultimate sacrifice for the United States, in- the supreme power to govern was vested in Greece and to reaffirm the democratic prin- cluding Lori Ann Piestewa, a member of the the people; ciples from which those two great countries Hopi Tribe and the first woman in the United Whereas the founding fathers of the United were founded: Now, therefore, be it States military killed in the Iraq War in States, many of whom read Greek political Resolved, That the Senate— 2003; philosophy in the original Greek language, (1) extends warm congratulations and best Whereas American Indian, Alaska Native, drew heavily on the political experience and wishes to the people of Greece as they cele- and Native Hawaiian women have contrib- philosophy of ancient Greece in forming the brate the 197th anniversary of the independ- uted to the economic development of Native representative democracy of the United ence of Greece; Nations and the United States as a whole, in- States; (2) expresses support for the principles of cluding Elouise Cobell of the Blackfeet Whereas Petros Mavromichalis, the former democratic governance to which the people Tribe, a recipient of the Presidential Medal Commander in Chief of Greece and a founder of Greece are committed; and of Freedom, who— (1) served as the treasurer of her Tribe; of the modern Greek state, said to the citi- (3) notes the important role that Greece (2) founded the first Tribally-owned na- zens of the United States in 1821, ‘‘It is in has played in the wider European region and tional bank; and your land that liberty has fixed her abode in the community of nations since gaining its independence 197 years ago. (3) led the fight against Federal mis- and . . . in imitating you, we shall imitate management of funds held in trust for more our ancestors and be thought worthy of them f than 500,000 Native Americans; if we succeed in resembling you.’’; SENATE RESOLUTION 444—RECOG- Whereas American Indian, Alaska Native, Whereas the Greek national anthem, the NIZING THE HERITAGE, CUL- and Native Hawaiian women own an esti- ‘‘Hymn to Liberty’’, includes the words, mated 154,900 businesses; ‘‘most heartily was gladdened George Wash- TURE, AND CONTRIBUTIONS OF AMERICAN INDIAN, ALASKA NA- Whereas these Native women-owned busi- ington’s brave land’’; nesses employ more than 50,000 workers and Whereas the people of the United States TIVE, AND NATIVE HAWAIIAN generate over $10,000,000,000 in revenues as of generously offered humanitarian assistance WOMEN IN THE UNITED STATES 2016; to the people of Greece during their struggle Ms. MURKOWSKI (for herself, Mr. Whereas American Indian and Alaska Na- for independence; tive women have opened an average of more Whereas Greece heroically resisted Axis UDALL, Mr. HOEVEN, Ms. HIRONO, Ms. HARRIS, Ms. HEITKAMP, Ms. WARREN, than 17 new businesses each day since 2007; forces at a crucial moment in World War II, Whereas American Indian, Alaska Native, Mr. TESTER, Ms. SMITH, Ms. CORTEZ forcing Adolf Hitler to change his timeline and Native Hawaiian women have made sig- and delaying the attack on Russia; MASTO, Ms. CANTWELL, Mr. SCHATZ, Mr. nificant contributions to the field of medi- Whereas Winston Churchill said that ‘‘if SCHUMER, Mr. HEINRICH, Mr. DAINES, cine, including Susan La Flesche Picotte of there had not been the virtue and courage of Mr. LANKFORD, Mrs. FEINSTEIN, Mrs. the Omaha Tribe, who is widely acknowl- the Greeks, we do not know which the out- MURRAY, Mr. WYDEN, Ms. KLOBUCHAR, edged as the first Native American to earn a come of World War II would have been’’ and and Mr. SANDERS) submitted the fol- medical degree; ‘‘no longer will we say that Greeks fight like lowing resolution; which was referred Whereas American Indian, Alaska Native, heroes, but that heroes fight like Greeks’’; to the Committee on Indian Affairs: and Native Hawaiian women have contrib- Whereas hundreds of thousands of the peo- uted to important scientific advancements, S. RES. 444 ple of Greece were killed during World War including— II; Whereas the United States celebrates Na- (1) Floy Agnes Lee of Santa Clara Pueblo, Whereas Greece consistently allied with tional Women’s History Month every March who— the United States in major international to recognize and honor the achievements of (A) worked on the Manhattan Project conflicts throughout the 20th century; women throughout the history of the United during World War II; and Whereas Greece is a strategic partner and States; (B) pioneered research on radiation biol- ally of the United States in bringing polit- Whereas an estimated 3,081,000 American ogy and cancer; and ical stability and economic development to Indian, Alaska Native, and Native Hawaiian (2) Native Hawaiian Isabella Kauakea Yau the volatile Balkan region, having invested women live in the United States; Yung Aiona Abbott, who— billions of dollars in the countries of the re- Whereas American Indian, Alaska Native, (A) was the first woman on the biological gion and having contributed more than and Native Hawaiian women helped shape sciences faculty at Stanford University; and $750,000,000 in development aid for the region; the history of their communities, Tribes, and (B) was awarded the highest award in Whereas the Government and people of the United States; marine botany from the National Academy Greece actively participate in peacekeeping Whereas American Indian, Alaska Native, of Sciences, the Gilbert Morgan Smith and peace-building operations conducted by and Native Hawaiian women contribute to medal, in 1997; international organizations, including the their communities, Tribes, and the United Whereas American Indian, Alaska Native, United Nations, the North Atlantic Treaty States through work in many industries, in- and Native Hawaiian women have achieved Organization, the European Union, and the cluding business, education, science, medi- distinctive honors in the art of dance, in- Organization for Security and Co-operation cine, literature, fine arts, military service, cluding Maria Tall Chief of the Osage Nation in Europe; and public service; the first major prima ballerina of the United Whereas Greece received worldwide praise Whereas American Indian, Alaska Native, States and was a recipient of a Lifetime for its extraordinary handling during the and Native Hawaiian women have fought to Achievement Award from the Kennedy Cen- 2004 Olympic Games of more than 14,000 ath- defend and protect the sovereign rights of ter; letes and more than 2,000,000 spectators and Native Nations; Whereas American Indian, Alaska Native, journalists, a feat the Government and peo- Whereas American Indian, Alaska Native, and Native Hawaiian women have accom- ple of Greece handled efficiently, securely, and Native Hawaiian women have dem- plished notable literary achievements, in- and with hospitality; onstrated resilience and courage in the face cluding Northern Paiute author Sarah

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.043 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1953 Winnemucca Hopkins who wrote and pub- have made and continue to make to the Maria in Puerto Rico may be more than 1,000 lished one of the first Native American auto- United States; and victims: Now, therefore, be it biographies in United States history in 1883; (2) recognizes the importance of supporting Resolved, That the Senate— Whereas American Indian, Alaska Native, equity, providing safety, and upholding the (1) remains profoundly concerned with the interests of American Indian, Alaska Native, and Native Hawaiian women have regularly continuing crisis plaguing Puerto Rico and and Native Hawaiian women. led efforts to revitalize and maintain Native the United States Virgin Islands (referred to cultures and languages, including— f in this resolving clause as the ‘‘U.S. Virgin (1) Tewa linguist and teacher Esther Mar- Islands’’) as a result of Hurricane Maria; and tinez, who developed a Tewa dictionary and SENATE RESOLUTION 445—MARK- ING THE 6-MONTH ANNIVERSARY (2) pledges continued support to— was credited with revitalizing the Tewa lan- (A) the millions of citizens of the United guage; and OF THE DEVASTATION OF PUER- States living in Puerto Rico and the U.S. (2) Native Hawaiian scholar Mary Kawena TO RICO AND THE UNITED Virgin Islands; and Pukui, who published more than 50 academic STATES VIRGIN ISLANDS BY (B) to the citizens of the United States who works and was considered the most noted HURRICANE MARIA have relocated from Puerto Rico and the Hawaiian translator of the 20th century; Mr. MENENDEZ (for himself, Mr. U.S. Virgin Islands to the mainland of the Whereas American Indian, Alaska Native, United States in the aftermath of Hurricane RUBIO, Mr. BLUMENTHAL, Mr. CASEY, and Native Hawaiian women have excelled in Maria. athletic competition and created opportuni- Ms. CORTEZ MASTO, Mr. DURBIN, Mrs. ties for other female athletes within their GILLIBRAND, Ms. HARRIS, Mr. NELSON, f sport, including Rell Kapoliokaehukai Sunn Mr. SCHUMER, Ms. WARREN, Mr. SAND- who— ERS, Ms. BALDWIN, and Mr. WYDEN) sub- (1) ranked as longboard surfing champion mitted the following resolution; which SENATE RESOLUTION 446—DESIG- of the world; and was considered and agreed to: NATING MARCH 25, 2018, AS ‘‘NA- (2) co-founded the Women’s Professional S. RES. 445 TIONAL CEREBRAL PALSY Surfing Association in 1975, the first profes- AWARENESS DAY’’ sional surfing tour for women; Whereas, on September 13, 2017, the Na- tional Hurricane Center began tracking a Whereas American Indian, Alaska Native, Mr. ISAKSON (for himself, Mr. and Native Hawaiian women have played a tropical wave that ultimately became Hurri- CASEY, and Ms. HASSAN) submitted the vital role in advancing civil rights, pro- cane Maria; tecting human rights, and safeguarding the Whereas Hurricane Maria became the following resolution; which was consid- environment, including Elizabeth Wana- tenth most intense Atlantic hurricane on ered and agreed to: record and the most intense tropical storm maker Peratrovich of the Tlingit Nation who of the 2017 season; S. RES. 446 helped secure the passage of the Anti-Dis- Whereas, on September 20, 2017, Hurricane crimination Act of 1945 of the Alaska Terri- Whereas a group of permanent disorders of Maria made landfall in Puerto Rico as a Cat- tory, the first anti-discrimination law in the the development of movement and posture egory 4 storm with sustained wind speeds of United States; that are attributed to nonprogressive dis- 155 miles per hour; Whereas American Indian, Alaska Native, turbances that occur in the developing brain Whereas Hurricane Maria hit Puerto Rico and Native Hawaiian women have succeeded is referred to as ‘‘cerebral palsy’’; and the United States Virgin Islands (re- as judges, attorneys, and legal advocates, in- Whereas cerebral palsy, the most common ferred to in this preamble as the ‘‘U.S. Vir- cluding Eliza ‘‘Lyda’’ Conley, a Wyandot- motor disability in children, is caused by gin Islands’’) just 14 days after Puerto Rico American lawyer and the first Native woman damage to 1 or more specific areas of the de- and the U.S. Virgin Islands were hit by Hur- veloping brain, which usually occurs during admitted to argue a case before the United ricane Irma; States Supreme Court in 1909; fetal development before, during, or after Whereas, on March 20, 2018, the people of birth; Whereas American Indian, Alaska Native, the United States that live in Puerto Rico and Native Hawaiian women have paved the Whereas the majority of children who have and the U.S. Virgin Islands will mark 6 cerebral palsy are born with cerebral palsy, way for women in the law, including Native months since Hurricane Maria nearly de- Hawaiian Emma Kailikapiolono Metcalf but cerebral palsy may be undetected for stroyed Puerto Rico and the U.S. Virgin Is- months or years; Beckley Nakuina who served as the first fe- lands; male judge in Hawaii; Whereas 75 percent of individuals with cer- Whereas, 6 months since Hurricane Maria ebral palsy also have 1 or more develop- Whereas American Indian, Alaska Native, made landfall in Puerto Rico, more than and Native Hawaiian women are dedicated mental disabilities, including epilepsy, intel- 120,000 people are still without electricity, lectual disability, autism, visual impair- public servants, holding important positions and hundreds of thousands of people con- in State governments, local governments, ment, or blindness; tinue to lose power on a temporary basis; Whereas, according to information re- the Federal judicial branch, and the Federal Whereas Puerto Rico remains under a state executive Branches; leased by the Centers for Disease Control and of emergency and reconstruction efforts are Prevention— Whereas American Indian and Alaska Na- still underway; tive women have served as remarkable Trib- Whereas tens of thousands of people in (1) the prevalence of cerebral palsy is not al councilwomen, Tribal court judges, and Puerto Rico and the U.S. Virgin Islands are changing over time; and Tribal leaders, including Wilma Mankiller, still awaiting permanent shelter; (2) an estimated 1 in 323 children has cere- the first woman elected to serve as Principal Whereas more than 67,000 households in bral palsy; Chief of the Cherokee Nation who fought for Puerto Rico and the U.S. Virgin Islands Whereas approximately 764,000 individuals Tribal self-determination and improvement needed blue roof tarps as a form of tem- in the United States are affected by cerebral of the community infrastructure of her porary roofing for homes; palsy; Tribe; Whereas Puerto Rico was struggling with a Whereas, although there is no cure for cer- Whereas Native Hawaiian women have also severe debt crisis and a deteriorating health ebral palsy, treatment often improves the led their People through notable acts of pub- care system prior to Hurricane Maria, the ef- capabilities of a child with cerebral palsy; lic service, including Kaahumanu who was fects of which have exacerbated the suffering Whereas scientists and researchers are the first Native Hawaiian woman to serve as in Puerto Rico; regent of the Kingdom of Hawaii; Whereas more than 700,000 cubic yards of hopeful for breakthroughs in cerebral palsy Whereas the United States should continue debris, or the equivalent of 190 Olympic-sized research; to invest in the future of American Indian, swimming pools, have been collected in the Whereas researchers across the United Alaska Native, and Native Hawaiian women U.S. Virgin Islands; States conduct important research projects to address the barriers they face, including Whereas approximately 3,900,000 cubic involving cerebral palsy; and access to justice, health care, and opportuni- yards of debris need removal from Puerto Whereas the Senate can raise awareness of ties for educational and economic advance- Rico; cerebral palsy in the public and the medical ment; and Whereas, when calculating customer hours community: Now, therefore, be it Whereas American Indian, Alaska Native, of lost electricity service, Puerto Rico is ex- Resolved, That the Senate— and Native Hawaiian women are the life periencing the longest blackout in the his- (1) designates March 25, 2018, as ‘‘National givers, the culture bearers, and the care- tory of the United States; Cerebral Palsy Awareness Day’’; takers of Native peoples who have made pre- Whereas thousands of Puerto Ricans have (2) encourages each individual in the cious contributions enriching the lives of all relocated to the mainland of the United United States to become better informed people of the United States: Now, therefore, States as a result of Hurricane Maria; about and aware of cerebral palsy; and be it Whereas the official death toll from Hurri- (3) respectfully requests that the Secretary Resolved, That the Senate— cane Maria stands at 64 victims in Puerto of the Senate transmit a copy of this resolu- (1) celebrates and honors the successes of Rico; and tion to the Executive Director of Reaching American Indian, Alaska Native, and Native Whereas research suggests that the actual for the Stars: A Foundation of Hope for Chil- Hawaiian women and the contributions they direct and indirect death toll from Hurricane dren with Cerebral Palsy.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.044 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1954 CONGRESSIONAL RECORD — SENATE March 22, 2018 SENATE RESOLUTION 447—DESIG- Mr. KAINE, Mrs. SHAHEEN, Mr. BROWN, nating March 2 through 8, 1980, as ‘‘National NATING MARCH 22, 2018, AS ‘‘NA- Mr. KING, Mr. COONS, Ms. HIRONO, Mrs. Women’s History Week’’; TIONAL REHABILITATION COUN- ERNST, Mrs. MURRAY, Mr. MARKEY, Mr. Whereas, in 1987, a bipartisan group of Sen- ators introduced the first joint resolution to SELORS APPRECIATION DAY’’ BENNET, Ms. DUCKWORTH, Mr. BOOKER, pass Congress designating ‘‘Women’s History Mr. SANDERS, Ms. HARRIS, Mr. DURBIN, Mr. CASEY (for himself and Mr. Month’’; Ms. CORTEZ MASTO, Ms. SMITH, and Ms. ISAKSON) submitted the following reso- Whereas President Ronald Reagan issued CANTWELL) submitted the following lution; which was considered and the first ‘‘Women’s History Month’’ Presi- resolution; which was considered and agreed to: dential Proclamation in 1987; and agreed to: Whereas, despite the advancements of S. RES. 447 S. RES. 448 women in the United States, much remains Whereas rehabilitation counselors support Whereas National Women’s History Month to be done to ensure that women realize individuals with disabilities by— recognizes and spreads awareness of the im- their full potential as equal members of soci- (1) conducting assessments; portance of women in the history of the ety in the United States: Now, therefore, be (2) providing counseling; United States; it (3) supporting families; and Whereas throughout the history of the Resolved, That the Senate— (4) assisting in the development of individ- United States, whether in the home, their (1) designates March 2018 as ‘‘National ualized plans for employment for individuals workplace, school, the courts, or in wartime, Women’s History Month’’; with disabilities who are in need of rehabili- women have fought for themselves, their (2) recognizes the celebration of ‘‘National tation; families, and all people of the United States; Women’s History Month’’ as a time to reflect Whereas the purpose of professional orga- Whereas, even from the early days of the on the many notable contributions that nizations for rehabilitation counseling and history of the United States, Abigail Adams women have made to the United States; education is to promote the improvement of urged her husband to ‘‘Remember the ladies’’ (3) urges the people of the United States to rehabilitation services available to individ- when representatives met for the Conti- observe ‘‘National Women’s History Month’’ uals with disabilities through quality edu- nental Congress in 1776; with appropriate programs and activities. cation for counselors and rehabilitation re- Whereas women were particularly impor- Mrs. FEINSTEIN. Mr. President, I search; tant in the establishment of early chari- rise today in honor of Women’s History Whereas various professional organizations table, philanthropic, and cultural institu- have vigorously advocated for up-to-date Month to reflect on the remarkable tions in the United States; contributions women have made to the education and training and the maintenance Whereas women led the efforts to secure of professional standards in the field of reha- suffrage and equal opportunity for women, United States and the challenges we bilitation counseling and education, includ- and also served in the abolitionist move- must still face today to ensure women ing— ment, the emancipation movement, labor are able to realize their full potential (1) the National Rehabilitation Associa- movements, civil rights movements, and as equal partners in American society. tion; other causes to create a more fair and just For over 30 years, we have set aside (2) the Rehabilitation Counselors and Edu- society for all; this month to pay tribute to the amaz- cators Association; Whereas suffragists wrote, marched, were (3) the National Council on Rehabilitation ing women who have fought tirelessly arrested, and ultimately succeeded in for themselves, their families, and all Education; achieving the enactment of the 19th Amend- (4) the National Rehabilitation Counseling ment of the Constitution of the United Americans. Association; States, section 1 of which provides that ‘‘The I look back on their courage with (5) the American Rehabilitation Coun- right of citizens of the United States to vote great admiration and continue to be in- seling Association; shall not be denied or abridged by the United spired by those who blazed the trail for (6) the Commission on Rehabilitation States or by any state on account of sex’’, as women like me. When I first came to Counselor Certification; well as the Voting Rights Act of 1965 (52 (7) the Council of State Administrators of Washington in 1992, they called it the U.S.C. 10301 et seq.), which extended the pro- ‘‘Year of the Woman,’’ with four Vocational Rehabilitation; and tection of the right to vote to women of (8) the Council on Rehabilitation Edu- color and language minorities; women being elected to the Senate. cation; Whereas women have been and continue to Today, we have a record 22 women Whereas, in March of 1983, the president of step up as leaders in the forefront of social serving in the United States Senate the National Council on Rehabilitation Edu- change efforts, business, science, govern- and 89 women serving in the House of cation testified before the Subcommittee on ment, math, art, literature, music, film, ath- Representatives. Select Education of the Committee on Edu- letics, and more; Even at record levels, women only cation and Labor of the House of Representa- Whereas women now represent approxi- account for about 20 percent of the tives and was instrumental in bringing to mately half of the workforce of the United 115th Congress, which falls far short of the attention of Congress the need for quali- States; fied rehabilitation counselors; and Whereas women once were routinely barred the 51 percent of our nation’s popu- Whereas credentialed rehabilitation coun- from attending medical schools of the United lation that are women. selors provide a higher quality of service to States, but now are enrolling in medical Still, women have proven themselves individuals in need of rehabilitation and the schools of the United States at higher num- as true political forces and I have great development of an accreditation system for bers than men; hope for the next generations of women rehabilitation counselors supports the con- Whereas women previously were turned who will also lead the way in building tinued education of rehabilitation coun- away from law school, but now represent ap- a better California and United States. selors: Now, therefore, be it proximately half of law students in the Women have been and continue to Resolved, That the Senate— United States; (1) designates March 22, 2018, as ‘‘National Whereas women have been vital to the mis- step up as leaders in the forefront of Rehabilitation Counselors Appreciation sion of the Armed Forces since the American social change efforts, business, science, Day’’; and Revolution, serving in volunteer and enlisted government, math, art, literature, (2) commends— positions, with more than 200,000 active-duty music, film, athletics, and more. (A) rehabilitation counselors for their servicewomen and 2,000,000 veterans rep- Today, half of our workforce is made dedication and hard work in providing coun- resenting every branch of service; up of women and more than 10 million seling to individuals with disabilities who Whereas more than 10,000,000 women own American businesses are women owned. are in need of rehabilitation; and businesses in the United States; Where women were once turned away (B) professional organizations for their ef- Whereas Jeannette Rankin of Montana was forts in assisting individuals with disabil- the first woman elected to the House of Rep- from attending medical and law ities who are in need of rehabilitation. resentatives in 1916 and Hattie Wyatt Cara- schools, enrollment numbers are now f way of Arkansas was the first woman elected almost evenly split between men and to the United States Senate in 1932; women. SENATE RESOLUTION 448—DESIG- Whereas Margaret Chase Smith of Maine Women have risen to the top of For- NATING MARCH 2018 AS ‘‘NA- was the first woman to serve in both houses tune 500 companies and fill the domes TIONAL WOMEN’S HISTORY of Congress; of capitols and the halls of universities. MONTH’’ Whereas, in the 115th Congress, a record 22 Women now also have a larger role in women serve as United States Senators, and Mrs. FEINSTEIN (for herself, Mr. 89 women serve in the House of Representa- the U.S. Armed Forces, with more than MENENDEZ, Ms. MURKOWSKI, Ms. COL- tives; 200,000 active-duty servicewomen LINS, Mr. CARPER, Ms. WARREN, Mr. Whereas President Jimmy Carter issued proudly serving and 2 million veterans VAN HOLLEN, Mr. REED, Ms. BALDWIN, the first Presidential Proclamation desig- representing every branch of service.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.046 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1955 My utmost respect goes out to these Whereas asbestos was used in the construction for civic activities is a fundamental women warriors who selflessly an- tion of a significant number of office build- right; swered the call to duty and served with ings and public facilities built before 1975; Whereas the United States Government re- honor, courage, and distinction. Whereas people in the small community of programmed and withheld some assistance As a United States Senator proudly Libby, Montana, suffer from asbestos-related to Egypt in August 2017 due in part to the in- diseases, including mesothelioma, at a sig- ability to certify, as required by Congress, representing California, I have seen nificantly higher rate than people in the ‘‘that Egypt is advancing democracy and first-hand some of the millions of out- United States as a whole; and human rights’’; standing women who achieve great- Whereas the designation of a ‘‘National As- Whereas the Department of State, in an ness. bestos Awareness Week’’ will raise public August 23, 2017, press briefing, reported that As we celebrate the stories of Amer- awareness about the prevalence of asbestos- it was ‘‘unable to certify that Egypt is ad- ican women who defied all odds to ac- related diseases and the dangers of asbestos vancing democracy and human rights’’; complish the unprecedented, we must exposure: Now, therefore, be it Whereas, in January 2018, Department of also honor their legacies by continuing Resolved, That the Senate— State Spokesperson Heather Nauert affirmed to defend the rights they worked so (1) designates the first week of April 2018 that the United States supports ‘‘free and as ‘‘National Asbestos Awareness Week’’; fair elections’’ in Egypt and said, ‘‘We sup- hard to achieve. (2) urges the Surgeon General of the United port a timely and credible electoral process We have fought together on so many States to warn and educate people about the and believe it needs to include the oppor- issues that affect women, families, and public health issue of asbestos exposure, tunity for citizens to participate freely in all Americans. During this month, I in- which may be hazardous to their health; and Egyptian elections. We believe that that vite all women to pledge to continue (3) respectfully requests that the Secretary should include addressing restrictions on this fight together and never relent on of the Senate transmit a copy of this resolu- freedom of association, peaceful assembly, these important issues. tion to the Office of the Surgeon General. and also expression.’’; Whereas Secretary of State Rex Tillerson Thank you Mr. President and I yield f the floor. visited Egypt on February 12, 2018, and stat- SENATE RESOLUTION 450—RE- ed during a joint press availability with f AFFIRMING THE UNITED Egyptian Foreign Minister Sameh Shoukry, SENATE RESOLUTION 449—DESIG- STATES-EGYPT PARTNERSHIP ‘‘With the presidential elections planned for NATING THE FIRST WEEK OF AND THE EGYPTIAN PEOPLE’S the end of March, the United States, as it APRIL 2018 AS ‘‘NATIONAL AS- does in all countries, supports a transparent RIGHT TO FREE, FAIR, CRED- and credible electoral process, and all citi- BESTOS AWARENESS WEEK’’ IBLE, AND PEACEFUL ELEC- zens being given the right and the oppor- Mr. TESTER (for himself, Mr. TIONS ON MARCH 26, 2018 tunity to participate freely and fairly.’’; DAINES, Mr. CARDIN, Mr. DURBIN, Mrs. Mr. RUBIO (for himself and Mr. Whereas President of Egypt Abdel Fattah el-Sisi, in a televised interview on Sep- FEINSTEIN, Mr. WHITEHOUSE, Ms. HAR- MENENDEZ) submitted the following RIS, Mr. LEAHY, Mr. MERKLEY, Mr. tember 16, 2016, with CBS Evening News, resolution; which was referred to the said, ‘‘We uphold the principles of respecting BOOKER, Mr. MARKEY, Mr. ISAKSON, and Committee on Foreign Relations: people, of honoring their rights.’’; Ms. WARREN) submitted the following S. RES. 450 Whereas President el-Sisi has asserted his resolution; which was considered and Whereas the Governments of the United commitment to term limits and free and fair agreed to: States and Egypt have long-shared a strong elections over the years, stating in a CNBC S. RES. 449 bilateral working relationship; interview on November 6, 2017, ‘‘There is no Whereas dangerous asbestos fibers are in- Whereas respect for democracy, human president who will sit in the chair without visible and cannot be smelled or tasted; rights, and civil liberties are fundamental the will of the Egyptian people. . . the one Whereas the inhalation of airborne asbes- principles of the United States and critical that is in the president’s seat will not be tos fibers can cause significant damage; to our national security objectives; able to stay after the term allowed by the Whereas asbestos fibers can cause cancer Whereas the Government and people of law and the constitution. And what deter- (such as mesothelioma), asbestosis, and Egypt have played a critical role in global mines this will be the vote of the Egyptian other health problems; and regional politics; people.’’; Whereas symptoms of asbestos-related dis- Whereas a strong United States-Egypt Whereas all credible opposition candidates eases can take between 10 and 50 years to partnership is important for the peace, stain Egypt’s 2018 presidential election faced present themselves; bility, and prosperity of the Middle East; pressure, harassment, or arrest and subse- Whereas the projected life expectancy for Whereas the people and Government of the quently withdrew their candidacies; an individual diagnosed with mesothelioma United States have a deep and abiding inter- Whereas several prominent Egyptian oppo- is between 6 and 24 months; est in Egypt’s prosperity, political progress, sition politicians released a statement on Whereas generally, little is known about and long-term stability; January 28, 2018, calling for Egyptians ‘‘to late-stage treatment of asbestos-related dis- Whereas an inclusive government respon- boycott these elections. . . not only for the eases, and there is no cure for those diseases; sive to the needs of all of its citizens, includ- absence of the idea of electoral competition, Whereas early detection of asbestos-re- ing religious minorities, is vital for such sta- but also because [it] is an obvious first step lated diseases may give some patients in- bility and prosperity; toward changing the Constitution, removing creased treatment options and might im- Whereas international and public con- the limit on presidential terms and elimi- prove the prognoses of those patients; fidence in any electoral process is an essen- nating all chances of a peaceful transfer of Whereas while the consumption of asbestos tial element for advancing inclusive, rep- power’’; within the United States has been substan- resentative forms of government; Whereas, in the same statement, these po- tially reduced, the United States continues Whereas Egypt will hold a presidential litical figures went on to note that ‘‘the se- to consume tons of the fibrous mineral each election on March 26, 2018; curity and administrative practices taken by year for use in certain products throughout Whereas the Department of State’s 2016 the current system [are intended] to prevent the United States; Human Rights Report noted that the 2015 any fair competition in the upcoming elec- Whereas asbestos-related diseases have parliamentary election raised ‘‘concern[s] tions. . . spreading a climate of security killed thousands of people in the United about restrictions on freedoms of peaceful fear, media bias. . .and then with a tight States; assembly, association, and expression and schedule that does not provide a real oppor- Whereas while exposure to asbestos con- their negative effect on the political climate tunity for competitors to put themselves and tinues, safety and prevention of asbestos ex- surrounding elections’’; their programs forward’’; and posure already has significantly reduced the Whereas the same report notes that the Whereas the only current opposition can- incidence of asbestos-related diseases and 2014 presidential election raised ‘‘serious didate, Mr. Moussa Mostafa Moussa, is from can further reduce the incidence of those dis- concerns regarding constraints on the free- the Al-Ghad party, which has no seats in par- eases; doms of expression and association and lim- liament, and only a few days before declaring Whereas thousands of workers in the its on freedom of the press leading up to the his candidacy led a campaign called ‘‘We United States face significant asbestos expo- election which prevented free political par- Support’’ calling for el-Sisi’s reelection: sure, which has been a cause of occupational ticipation and severely compromised the Now, therefore, be it cancer; broader electoral environment’’; Resolved, That the Senate— Whereas thousands of people in the United Whereas the Government of Egypt, (1) reasserts its commitment to the United States die from asbestos-related diseases through legal action and a highly restrictive States-Egypt partnership and to advancing every year; new law, has created a hostile environment the common interests of both countries; Whereas a significant percentage of all as- for nongovernmental organizations (NGOs), (2) recognizes that Egypt faces legitimate bestos-related disease victims were exposed which provide essential services to the peo- security threats and expresses condolences to asbestos on naval ships and in shipyards; ple of Egypt and for whom peaceful associa- for the loss of life suffered by the Egyptian

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.050 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1956 CONGRESSIONAL RECORD — SENATE March 22, 2018

people in attacks by violent extremist orga- Whereas endometriosis is a painful and de- SA 2219. Mr. MCCONNELL proposed an nizations; bilitating disorder; amendment to the bill H.R. 1625, supra. (3) reaffirms the commitment of the Whereas endometriosis is associated with SA 2220. Mr. MCCONNELL proposed an United States to democracy, human rights, increased health care costs and poses a sub- amendment to amendment SA 2219 proposed civil liberties, and the rule of law, including stantial burden to patients in the healthcare by Mr. MCCONNELL to the bill H.R. 1625, the universal rights of freedom of assembly, system; supra. freedom of speech, freedom of the press, and Whereas the total annual direct health SA 2221. Mr. MCCONNELL proposed an freedom of association; care cost of symptoms associated with endo- amendment to amendment SA 2220 proposed (4) expresses support for human rights, metriosis is $56,000,000,000, or nearly $11,000 by Mr. MCCONNELL to the amendment SA civil liberties, and rule of law in Egypt, and per patient; 2219 proposed by Mr. MCCONNELL to the bill for elections that are free, fair, and credible; Whereas 51 percent of endometriosis pa- H.R. 1625, supra. (5) notes that a lack of progress in these tients report that the disease detrimentally SA 2222. Mrs. MURRAY submitted an areas will undermine Egypt’s security and affects their performance of their job; amendment intended to be proposed by her economic stabilization; Whereas the Centers for Disease Control to the bill H.R. 1625, supra; which was or- (6) supports the people of Egypt, who are and Prevention found that the average num- dered to lie on the table. entitled to determine their own destiny, in- ber of ‘‘bed days’’ for patients with endo- SA 2223. Mr. MCCONNELL (for Mr. HOEVEN) cluding selecting their political leadership metriosis was 18 days per year; proposed an amendment to the bill S. 607, to through a fair and credible electoral process Whereas women with endometriosis can establish a business incubators program without fear of or intimidation by their gov- lose 11 hours per work week through lost within the Department of the Interior to ernment; productivity; promote economic development in Indian (7) urges the Government of Egypt to take Whereas, in 2010, endometriosis patients reservation communities. meaningful steps to enable free, fair, cred- were hospitalized over 100,000 days because of SA 2224. Mr. MCCONNELL (for Mr. HOEVEN) ible, and peaceful elections in March 2018 and this disease; proposed an amendment to the bill S. 1116, to in the future; Whereas there is a need for more research amend the Native American Business Devel- (8) expresses concern regarding the intimi- and updated guidelines to treat endo- opment, Trade Promotion, and Tourism Act dation and detention of credible opposition metriosis; of 2000, the Buy Indian Act, and the Native candidates, as well as the restrictive envi- Whereas the research dollars from the Na- American Programs Act of 1974 to provide in- ronment for nongovernmental organizations tional Institutes of Health dedicated to endo- dustry and economic development opportuni- and media; metriosis has dropped from $16,000,000 in 2010 ties to Indian communities. (9) calls on the United States Government, to $7,000,000 in 2018; SA 2225. Mr. MCCONNELL (for Mr. foreign governments, and parliaments to Whereas there is an ongoing need for addi- LANKFORD) proposed an amendment to the speak out in support of the right of the tional clinical research and treatment op- bill S. 943, to direct the Secretary of the In- Egyptian people to free, fair, and credible tions to manage this debilitating disease; terior to conduct an accurate comprehensive elections; and and student count for the purposes of calculating (10) encourages the President to appoint an Whereas there is no known cure for endo- formula allocations for programs under the Assistant Secretary of State for Near East- metriosis: Now, therefore, be it Johnson-O’Malley Act, and for other pur- ern Affairs and a United States Ambassador Resolved, That the Senate— poses. to Egypt to bolster diplomatic engagement (1) designates March 2018 as ‘‘Endo- SA 2226. Mr. MCCONNELL (for Mr. RISCH) with the Government of Egypt, electoral metriosis Awareness Month’’; proposed an amendment to the concurrent stakeholders, and civil society as well as (2) recognizes the importance of endo- resolution H. Con. Res. 116, Official Title Not consistently raise issues of human rights, metriosis as a health issue for women that Available. rule of law, and governance. requires far greater attention, public aware- f f ness, and education about the disease; (3) encourages the Secretary of Health and TEXT OF AMENDMENTS SENATE RESOLUTION 451—RECOG- Human Services— SA 2215. Mr. CORNYN (for Mr. YOUNG NIZING THE SIGNIFICANCE OF (A) to provide information to women, pa- (for himself and Mr. DONNELLY)) pro- ENDOMETRIOSIS AS AN UNMET tients, and health care providers with re- posed an amendment to the bill H.R. CHRONIC DISEASE FOR WOMEN spect to endometriosis, including available 4851, to establish the Kennedy-King Na- AND DESIGNATING MARCH 2018 screening tools and treatment options, with tional Historic Site in the State of In- a goal of improving the quality of life and AS ‘‘ENDOMETRIOSIS AWARE- diana, and for other purposes; as fol- NESS MONTH’’ health outcomes of women affected by endometriosis; lows: Ms. DUCKWORTH (for herself and (B) to conduct additional research on endo- In section 3, strike subsection (d). Ms. WARREN) submitted the following metriosis and possible clinical options; and resolution; which was referred to the (C) to update information, tools, and stud- SA 2216. Ms. COLLINS (for herself, Committee on the Judiciary : ies currently available with respect to help- Mr. ALEXANDER, Mr. GRAHAM, Mr. S. RES. 451 ing women live with endometriosis; and ROUNDS, Ms. MURKOWSKI, Mr. ISAKSON, (4) respectfully requests that the Secretary and Mr. MCCONNELL) submitted an Whereas 6,500,000 women in the United of the Senate transmit a copy of this resolu- States are living with endometriosis; amendment intended to be proposed by tion to the Secretary of Health and Human her to the bill H.R. 1625, to amend the Whereas endometriosis is a chronic disease Services. affecting 176,000,000 women throughout the State Department Basic Authorities world and an estimated 1 in 10 women in the f Act of 1956 to include severe forms of United States ages 18 through 49; AMENDMENTS SUBMITTED AND trafficking in persons within the defi- Whereas medical societies and patient PROPOSED nition of transnational organized crime groups including the Endometriosis Associa- for purposes of the rewards program of tion, the American College of Obstetricians SA 2215. Mr. CORNYN (for Mr. YOUNG (for and Gynecologists, the National Association himself and Mr. DONNELLY)) proposed an the Department of State, and for other of Nurse Practitioners in Women’s Health, amendment to the bill H.R. 4851, to establish purposes; which was ordered to lie on the American Society for Reproductive Med- the Kennedy-King National Historic Site in the table; as follows: icine, and the American Social Health Asso- the State of Indiana, and for other purposes. In division H, after section 229, insert the SA 2216. Ms. COLLINS (for herself, Mr. ciation all have expressed the need for great- following: ALEXANDER, Mr. GRAHAM, Mr. ROUNDS, Ms. er public attention and updated resources SEC. 230. WAIVERS FOR STATE INNOVATION; MURKOWSKI, Mr. ISAKSON, and Mr. MCCON- targeted to public education about this COST-SHARING PAYMENTS. NELL) submitted an amendment intended to unmet health need for women; (a) WAIVERS FOR STATE INNOVATION.— be proposed by her to the bill H.R. 1625, to Whereas endometriosis occurs when tissue (1) STREAMLINING THE STATE APPLICATION amend the State Department Basic Authori- similar to that normally found in the uterus ties Act of 1956 to include severe forms of PROCESS.—Section 1332 of the Patient Protec- begins to grow outside the uterus; trafficking in persons within the definition tion and Affordable Care Act (42 U.S.C. 18052) Whereas, while endometriosis is one of the of transnational organized crime for pur- is amended— most common gynecological disorders in the poses of the rewards program of the Depart- (A) in subsection (a)(1)(C), by striking ‘‘the United States, there is a lack of awareness ment of State, and for other purposes; which law’’ and inserting ‘‘a law or has in effect a and prioritization of endometriosis as an im- was ordered to lie on the table. certification’’; and portant health issue for women; SA 2217. Mr. MCCONNELL proposed an (B) in subsection (b)(2)— Whereas women can suffer up to 6 to 10 amendment to the bill H.R. 1625, supra. (i) in the paragraph heading, by inserting years before properly diagnosed; SA 2218. Mr. MCCONNELL proposed an ‘‘OR CERTIFY’’ after ‘‘LAW’’; Whereas approximately 1⁄3 to 1⁄2 of all amendment to amendment SA 2217 proposed (ii) in subparagraph (A)— women with endometriosis will have dif- by Mr. MCCONNELL to the bill H.R. 1625, (I) by striking ‘‘A law’’ and inserting the ficulty getting pregnant; supra. following:

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.052 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1957

‘‘(i) LAWS.—A law’’; and ‘‘(i) For fiscal year 2018, for administrative (ii) by redesignating paragraph (2) (as (II) by adding at the end the following: costs of the State associated with preparing amended by paragraph (1)) as paragraph (3); ‘‘(ii) CERTIFICATIONS.—A certification de- and submitting information described in sub- and scribed in this paragraph is a document, section (a)(1)(B) that includes an invisible (iii) by inserting after paragraph (1) the signed by the Governor of the State, that high-risk pool or reinsurance program that following: certifies that such Governor has the author- meets the requirements of subsection (g)(2), ‘‘(2) BUDGETARY EFFECT.— ity under existing Federal and State law to or costs associated with the establishment of ‘‘(A) IN GENERAL.—In determining whether take action under this section, including im- such invisible high-risk pool or reinsurance a State plan submitted under subsection (a) plementation of the State plan under sub- program. meets the deficit neutrality requirements of section (a)(1)(B).’’; and ‘‘(ii) For each of fiscal years 2019, 2020, and paragraph (1)(D), the Secretary may take (iii) in subparagraph (B)— 2021, for the establishment or maintenance of into consideration the direct budgetary ef- (I) in the subparagraph heading, by strik- invisible high-risk pools and reinsurance fect of the provisions of such plan on sources ing ‘‘OF OPT OUT’’; and programs that meet the requirements of sub- of Federal funding other than the funding de- (II) by striking ‘‘may repeal a law’’ and all section (g)(2) and for which the State has re- scribed in subsection (a)(3). that follows through the period at the end ceived a waiver under this section. ‘‘(B) LIMITATION.—A determination made and inserting the following: ‘‘may terminate by the Secretary under subparagraph (A)— ‘‘(C) BUDGET NEUTRALITY.—Funds awarded the authority provided under the waiver to a State under a grant awarded under sub- ‘‘(i) shall not be construed to affect any with respect to the State by— paragraph (B) shall not be taken into ac- waiver process or standards or terms and ‘‘(i) repealing a law described in subpara- conditions in effect on the date of enactment count for purposes of determining under graph (A)(i); or of the Department of Health and Human paragraph (1) whether the State waiver is ‘‘(ii) terminating a certification described Services Appropriations Act, 2018 under title budget neutral, or determining under sub- in subparagraph (A)(ii), through a certifi- XI, XVIII, XIX, or XXI of the Social Security section (b)(1) whether the State waiver in- cation for such termination signed by the Act, or any other Federal law relating to the creases the Federal deficit.’’. Governor of the State.’’. provision of health care items or services; (B) APPROPRIATIONS.— (2) GIVING STATES MORE FUNDING FLEXI- and (i) IN GENERAL.—There are authorized to be BILITY, TO ESTABLISH REINSURANCE, INVISIBLE ‘‘(ii) shall be made without regard to any appropriated, and there are appropriated, to HIGH RISK POOLS, INSURANCE STABILITY FUNDS changes in policy with respect to any waiver the Secretary of Health and Human Services, AND OTHER PROGRAMS.— process or provision of health care items or for the purposes described in section (A) STATE GRANTS UNDER WAIVERS.—Sec- services described in clause (i).’’; and tion 1332(a) of the Patient Protection and Af- 1332(a)(4)(B) of the Patient Protection and (B) in subsection (a)(1)(C), by striking fordable Care Act (42 U.S.C. 18052(a)) is Affordable Care Act and subparagraph (C), ‘‘subsection (b)(2)’’ and inserting ‘‘subsection amended— out of any funds in the Treasury not other- (b)(3)’’. (i) in paragraph (3)— wise appropriated— (4) PROVIDING EXPEDITED APPROVAL OF (I) in the first sentence— (I) $500,000,000 for fiscal year 2018; and STATE WAIVERS.—Section 1332(d) of the Pa- (aa) by inserting ‘‘or would qualify for a re- (II) $10,000,000,000 for each of fiscal years tient Protection and Affordable Care Act (42 duced portion of’’ after ‘‘would not qualify 2019, 2020, and 2021. U.S.C. 18052(d)) is amended— for’’; (ii) AVAILABLE UNTIL EXPENDED.—Amounts (A) in paragraph (1) by striking ‘‘180’’ and (bb) by inserting ‘‘, or the State would not appropriated under this paragraph shall re- inserting ‘‘120’’; and qualify for or would qualify for a reduced main available until expended. (B) by adding at the end the following: portion of basic health program funds under (C) DEFAULT FEDERAL SAFEGUARD.— ‘‘(3) EXPEDITED DETERMINATION.— section 1331,’’ after ‘‘subtitle E’’; (i) IN GENERAL.—For purposes of plan year ‘‘(A) IN GENERAL.—With respect to any ap- (cc) by inserting ‘‘, or basic health program 2019, in the case of a State that does not, by plication under subsection (a)(1) submitted funds the State would have received,’’ after a date specified by the Secretary of Health on or after the date of enactment of the De- ‘‘this title’’; and and Human Services (referred to in this para- partment of Health and Human Services Ap- (dd) by inserting ‘‘or for implementing the graph as the ‘‘Secretary’’), in consultation propriations Act, 2018 or any such applica- basic health program established under sec- with the National Association of Insurance tion submitted prior to such date of enact- tion 1331’’ before the period; Commissioners, have in effect a waiver under ment and under review by the Secretary on (II) in the second sentence, by inserting be- section 1332 of the Patient Protection and such date of enactment, the Secretary shall fore the period ‘‘, and with respect to partici- Affordable Care Act (42 U.S.C. 18052) that in- make a determination on such application, pation in the basic health program and funds cludes an invisible high-risk pool or reinsur- using the criteria for approval otherwise ap- provided to such other States under section ance program that meets the requirements plicable under this section, not later than 45 1331’’; and of subsection (g)(2) of such section 1332, the days after the receipt of such application, (III) by adding after the second sentence Secretary shall, from amounts appropriated and shall allow the public notice and com- the following: ‘‘A State may request that all under subparagraph (B), use the allocation ment at the State and Federal levels de- of, or any portion of, such aggregate amount determined for the State under subsection scribed under subsection (a)(5) to occur con- of such credits, reductions, or funds be paid (a)(4)(B) of such section 1332 for plan year currently if such State application— to the State as described in the first sen- 2019 for the purpose described in clause (ii) ‘‘(i) is submitted in response to an urgent tence.’’; for such State. situation, with respect to areas in the State (ii) by redesignating paragraphs (4), (5), (ii) REQUIRED USE FOR MARKET STABILIZA- that the Secretary determines are at risk for and (6) as paragraphs (5), (6), and (7), respec- TION PAYMENTS TO ISSUERS.—The Secretary excessive premium increases or having no tively; and shall use any allocation for a State made health plans offered in the applicable health (iii) by inserting after paragraph (3) the pursuant to clause (i) to provide incentives insurance market for the current or fol- following: to appropriate entities to enter into arrange- lowing plan year; ‘‘(4) FEDERAL FUNDING FOR INVISIBLE HIGH- ments with the State to help stabilize pre- ‘‘(ii) is for a waiver that is the same or sub- RISK POOL AND REINSURANCE PROGRAMS.— miums for health insurance coverage in the stantially similar to a waiver that the Sec- ‘‘(A) ALLOCATIONS.—Not later than 45 days individual market in such State by providing retary already has approved for another after the date of enactment of the Depart- payments to such appropriate entities using State; or ment of Health and Human Services Appro- payment parameters and a methodology de- ‘‘(iii) is for a waiver that includes an invis- priations Act, 2018, the Secretary, in con- termined by the Secretary. ible high-risk pool or reinsurance program sultation with the National Association of (3) ENSURING PATIENT ACCESS TO MORE described in subparagraph (A), (B), or (D) of Insurance Commissioners, shall specify an FLEXIBLE HEALTH PLANS.—Section 1332 of the subsection (g)(2). allocation methodology for determining the Patient Protection and Affordable Care Act ‘‘(B) APPROVAL.— amount of funds appropriated under section (42 U.S.C. 18052) is amended— ‘‘(i) URGENT SITUATIONS.— 230(a)(2)(B) of the Department of Health and (A) in subsection (b)— ‘‘(I) PROVISIONAL APPROVAL.—A waiver ap- Human Services Appropriations Act, 2018 for (i) in paragraph (1)— proved under the expedited determination a fiscal year to be allocated for each State (I) in subparagraph (B), by striking ‘‘at process under subparagraph (A)(i) shall be in for purposes of subparagraph (B) and section least as affordable’’ and inserting ‘‘of com- effect for a period of 3 years, unless the State 230(a)(2)(C) of the Department of Health and parable affordability, including for low-in- requests a shorter duration. Human Services Appropriations Act, 2018. come individuals, individuals with serious ‘‘(II) FULL APPROVAL.—Subject to the re- ‘‘(B) STATE GRANTS.—From amounts appro- health needs, and other vulnerable popu- quirements for approval otherwise applicable priated under section 230(a)(2)(B) of the De- lations,’’; and under this section, not later than 1 year be- partment of Health and Human Services Ap- (II) by amending subparagraph (D) to read fore the expiration of a provisional waiver propriations Act, 2018 for a fiscal year, the as follows: period described in subclause (I) with respect Secretary shall award grants to States for ‘‘(D)(i) will not increase the Federal deficit to an application described in subparagraph each of fiscal years 2018 through 2021, in over the term of the waiver; and (A)(i), the Secretary shall make a determina- amounts determined in accordance with the ‘‘(ii) will not increase the Federal deficit tion on whether to extend the approval of allocation methodology under subparagraph over the term of the 10-year budget plan sub- such waiver for the full term of the waiver (A), for the following purposes: mitted under subsection (a)(1)(B)(ii).’’; requested by the State, for a total approval

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.055 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1958 CONGRESSIONAL RECORD — SENATE March 22, 2018 period not to exceed 6 years. The Secretary (B) in subsection (a)(5) (as redesignated by date of enactment of this Act, shall not re- may request additional information as the paragraph (2)(A)(ii))— quire reconsideration of whether such appli- Secretary determines appropriate to make (i) in subparagraph (A), by inserting ‘‘, as cations meet the requirements of such sec- such determination. applicable’’ before the period; and tion 1332, except that, at the request of a ‘‘(ii) APPROVAL OF SAME OR SIMILAR APPLI- (ii) in subparagraph (B), by striking ‘‘Not State, the Secretary shall recalculate the CATIONS.—An approval of a waiver under sub- later than 180 days after the date of enact- amount of funding provided under subsection paragraph (A)(ii) shall be subject to the ment of this Act, the Secretary shall’’ and (a)(3) of such section. terms of subsection (e). inserting ‘‘The Secretary may’’. (9) CLARIFYING BUDGET NEUTRALITY.—Sec- ‘‘(C) GAO STUDY.—Not later than 5 years (7) INVISIBLE HIGH RISK POOLS AND REINSUR- tion 1332(a)(1)(B) of the Patient Protection after the date of enactment of the Depart- ANCE PROGRAMS.—Section 1332 of the Patient and Affordable Care Act (42 U.S.C. ment of Health and Human Services Appro- Protection and Affordable Care Act (42 18052(a)(1)(B)) is amended— priations Act, 2018, the Comptroller General U.S.C. 18052), as amended by paragraph (6), is (A) in clause (i), by inserting ‘‘, including, of the United States shall conduct a review further amended by adding at the end the as applicable, a description of the State’s of all waivers approved pursuant to subpara- following: plan to use any amounts awarded to the graph (A)(ii) to evaluate whether such waiv- ‘‘(g) INVISIBLE HIGH RISK POOLS AND REIN- State under paragraph (4) to support an in- ers met the requirements of subsection (b)(1) SURANCE PROGRAMS.— visible high-risk pool or reinsurance pro- and whether the applications should have ‘‘(1) FUNDING.—With respect to a State gram consistent with subsection (g) and such qualified for such expedited process.’’. that has received a waiver under this section information about such program as the Sec- (5) PROVIDING CERTAINTY FOR STATE-BASED to establish an invisible high-risk pool or re- retary may require’’ before the semicolon; REFORMS.—Section 1332(e) of the Patient insurance program described in paragraph and Protection and Affordable Care Act (42 (2), the State may fund such program, in (B) in clause (ii), by inserting ‘‘over both U.S.C. 18052(e)) is amended by striking ‘‘No whole or in part, using one or both of the fol- the term of the proposed waiver and the waiver’’ and all that follows through the pe- lowing: term of the 10-year budget plan’’ after ‘‘Gov- riod at the end and inserting the following: ‘‘(A) Amounts received through a grant de- ernment’’. ‘‘A waiver under this section— scribed in subsection (a)(4)(B). (b) COST-SHARING PAYMENTS.— ‘‘(1) shall be in effect for a period of 6 years ‘‘(B) All of, or a portion of, the payments (1) IN GENERAL.—There is appropriated to unless the State requests a shorter duration; made to the State as described in subsection the Secretary of Health and Human Services ‘‘(2) may be renewed, subject to the State (a)(3), consistent with the information the (referred to in this section as the ‘‘Sec- meeting the criteria for approval otherwise State provides under subsection (a)(1)(B). retary’’), out of any funds in the Treasury applicable under this section, for unlimited ‘‘(2) PROGRAM DESIGN.—An invisible high- not otherwise obligated, such sums as may additional 6-year periods upon application by risk pool or reinsurance program described be necessary for payments for cost-sharing the State; and in this paragraph is a program that meets reductions, as authorized by section 1402 of ‘‘(3) may not be suspended or terminated, any of the following: the Patient Protection and Affordable Care in whole or in part, by the Secretary at any ‘‘(A) An invisible high-risk pool, as defined Act (42 U.S.C. 18071) for the portion of plan time before the date of expiration of the by the State, under which health insurance year 2017 that begins on October 1, 2017, and waiver period (including any renewal period issuers, with respect to designated individ- ends on December 31, 2017, and for plan years under paragraph (2)), unless the Secretary uals who experience higher than average 2019, 2020, and 2021. determines that the State materially failed health costs as determined by the State, and (2) SPECIAL RULES FOR COST-SHARING REDUC- to comply with the terms and conditions of are enrolled in health insurance coverage of- TIONS.— the waiver.’’. fered in the individual market, cede risk to (A) BASIC HEALTH PLAN.—For plan year (6) GUIDANCE AND REGULATIONS.—Section the pool, without affecting the premium paid 2018, there is appropriated to the Secretary, 1332 of the Patient Protection and Affordable by the designated individuals or their terms out of any funds in the Treasury not other- Care Act (42 U.S.C. 18052) is amended— of coverage. With respect to such pool, the wise obligated, such sums as may be nec- (A) by adding at the end the following: State, or an entity operating the pool on be- essary for, with respect to States that have ‘‘(f) GUIDANCE AND REGULATIONS.— half of the State, shall establish— in effect a basic health plan on January 1, ‘‘(1) IN GENERAL.—With respect to carrying ‘‘(i) the premium amount the ceding issuer 2018, the portion of transfers pursuant to sec- out this section, the Secretary shall— shall pay to the reinsurance pool; tion 1331(d) of the Patient Protection and Af- ‘‘(A) issue guidance, not later than 60 days ‘‘(ii) the applicable attachment points or fordable Care Act (42 U.S.C. 18051(d)) attrib- after the date of enactment of the Depart- coinsurance percentages if the ceding issuer utable to the cost-sharing reductions under ment of Health and Human Services Appro- retains any portion of the risk under ceded section 1402 of the Patient Protection and priations Act, 2018, that includes initial ex- policies; and Affordable Care Act (42 U.S.C. 18071) that amples of model State plans that meet the ‘‘(iii) the mechanism by which high-risk would have been provided for plan year 2018 requirements for approval under this section; individuals are designated for cession to the with respect to eligible individuals enrolled and pool, which may include a list of designated in standard health plans in such States. ‘‘(B) periodically review the guidance high-cost health conditions. (B) HOLD HARMLESS.— issued under subparagraph (A) and when ap- ‘‘(B) A reinsurance program, as defined by (i) IN GENERAL.—For plan year 2018, there propriate, issue additional examples of the State, that assumes a portion of the risk is appropriated to the Secretary, out of any model State plans that meet the require- for individuals who experience higher than funds in the Treasury not otherwise obli- ments for approval under this section, which average health costs as determined by the gated, such sums as may be necessary for may include— State, in a manner substantially similar to payments for cost-sharing reductions au- ‘‘(i) State plans establishing reinsurance or the reinsurance program that operated in thorized by section 1402 of the Patient Pro- invisible high-risk pool arrangements for the State in accordance with section 1341. tection and Affordable Care Act (42 U.S.C. purposes of covering the cost of high-risk in- ‘‘(C) A reinsurance program established by 18071) with respect to qualified health plans dividuals; the State not otherwise described in this described in clause (ii). ‘‘(ii) State plans expanding insurer partici- paragraph. (ii) QUALIFIED HEALTH PLANS DESCRIBED.—A pation, access to affordable health plans, ‘‘(D) A program based on another State’s qualified health plan described in this clause network adequacy, and health plan options reinsurance program— is a qualified health plan for which the Sec- over the entire applicable health insurance ‘‘(i) described in subparagraph (A), (B), or retary determines, based on a certification market in the State; (C), for which an application has been ap- and appropriate documentation from the ‘‘(iii) waivers encouraging or requiring proved under this subsection; or issuer of such plan and a certification from health plans in such State to deploy value- ‘‘(ii) which was implemented prior to Sep- the applicable State regulator, that the based insurance designs which structure en- tember 1, 2017, and which the Secretary de- health insurance issuer of such plan has not rollee cost-sharing and other health plan determines meets the requirements of subpara- increased premium rates for plan year 2018 sign elements to encourage enrollees to con- graph (A).’’. on account of the issuer assuming, or being sume high-value clinical services; (8) APPLICABILITY.—The amendments made instructed by applicable State regulators to ‘‘(iv) State plans allowing for significant by this Act to section 1332 of the Patient assume, that the issuer would receive pay- variation in health plan benefit design; or Protection and Affordable Care Act (42 ments under such section 1402. ‘‘(v) any other State plan as the Secretary U.S.C. 18052)— (C) CLARIFICATION OF OBLIGATIONS.— determines appropriate. (A) with respect to applications for waivers (i) NO REQUIREMENTS TO MAKE PAYMENTS.— ‘‘(2) RESCISSION OF PREVIOUS REGULATIONS under such section 1332 submitted after the Notwithstanding any other provision of law, AND GUIDANCE.—Beginning on the date of en- date of enactment of this Act and applica- there shall be no obligation under this Act or actment of the Department of Health and tions for such waivers submitted prior to any other Act, including the Patient Protec- Human Services Appropriations Act, 2018, such date of enactment and under review by tion and Affordable Care Act (Public Law the regulations promulgated, and the guid- the Secretary on the date of enactment, 111-148), to make payments for cost-sharing ance issued, under this section prior to the shall take effect on the date of enactment of reductions under section 1402(c)(3) of the Pa- date of enactment of the Department of this Act; and tient Protection and Affordable Care Act (42 Health and Human Services Appropriations (B) with respect to applications for waivers U.S.C. 18071(c)(3)) or advance payments for Act, 2018 shall have no force or effect.’’; and approved under such section 1332 before the such cost-sharing reductions under section

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.055 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1959 1412 of the Patient Protection and Affordable case of a catastrophic plan described in sec- the completion of the annual open enroll- Care Act (42 U.S.C. 18082) for plan year 2018, tion 1302(e), a qualified individual may enroll ment period for the 2019 plan year, the Sec- except for such payments for which amounts in the plan only if the individual is eligible retary shall issue a report on advertising and are appropriated under subparagraphs (A) to enroll in the plan under section outreach to consumers for the open enroll- and (B). Nothing in this clause shall be con- 1302(e)(2)’’. ment period for the 2019 plan year. Such re- strued as affecting the requirements under (d) EFFECTIVE DATE.—The amendments port shall include a description of— section 1402 of the Patient Protection and made by subsections (a), (b), and (c) shall (1) the division of spending on individual Affordable Care Act for issuers to reduce apply with respect to plan years beginning advertising platforms, including television cost-sharing. on or after January 1, 2019. and radio advertisements and digital media, (ii) NO OBLIGATION TO RECONCILE PAY- SEC. 232. CONSUMER OUTREACH, EDUCATION, to raise consumer awareness of open enroll- MENTS.—Notwithstanding any other provi- AND ASSISTANCE. ment; sion of law, there shall be no obligation (a) OPEN ENROLLMENT REPORTS.—For plan (2) the division of spending on individual under this Act or any other Act, including years 2019 and 2020, the Secretary of Health outreach platforms, including email and text the Patient Protection and Affordable Care and Human Services (referred to in this sec- messages, to raise consumer awareness of Act (Public Law 111-148), to make payments tion as the ‘‘Secretary’’), in coordination open enrollment; and on or after October 1, 2017, for the purpose of with the Secretary of the Treasury and the (3) whether the Secretary conducted tar- reconciling any cost-sharing reduction pay- Secretary of Labor, shall issue biweekly pub- geted outreach to specific demographic ments by the Secretary under section lic reports during the annual open enroll- groups and geographic areas. ment period on the performance of the Fed- 1402(c)(3) of the Patient Protection and Af- (d) OUTREACH AND ENROLLMENT ACTIVI- eral Exchange and the Small Business fordable Care Act (42 U.S.C. 18071(c)(3)) made TIES.— Health Options Program (SHOP) Market- for plan year 2016 or the plan year beginning (1) OPEN ENROLLMENT.—Of the amounts col- January 1, 2017, through September 30, 2017. place. Each such report shall include a sum- lected through the user fees on participating mary, including information on a State-by- (D) TREATMENT OF PREVIOUS PAYMENTS.— health insurance issuers pursuant to section State basis where available, of— Notwithstanding any other provision of law, 156.50 of title 45, Code of Federal Regulations (1) the number of unique website visits; payments made for cost-sharing reductions (or any successor regulations), the Secretary (2) the number of individuals who create an under section 1402 of the Patient Protection shall obligate $105,800,000 for outreach and account; and Affordable Care Act (42 U.S.C. 18071) dur- enrollment activities for each of the open en- (3) the number of calls to the call center; ing the period beginning on January 1, 2014, rollment periods for plan years 2019 and 2020. (4) the average wait time for callers con- and ending on September 30, 2017, shall be (2) OUTREACH AND ENROLLMENT ACTIVI- tacting the call center; treated in the same manner as a refund due TIES.— (5) the number of individuals who enroll in from the credit allowed under section 36B of (A) IN GENERAL.—For purposes of this sub- a qualified health plan; and the Internal Revenue Code of 1986 for the section, the term ‘‘outreach and enrollment (6) the percentage of individuals who enroll purposes of section 1324 of title 31, United activities’’ means— in a qualified health plan through each of— States Code. (i) activities to educate consumers about (A) the website; (c) HEALTH BENEFITS COVERAGE.—Notwith- coverage options or to encourage consumers (B) the call center; standing any other provision of law, includ- to enroll in or maintain health insurance (C) navigators; ing any other definition of ‘‘health benefits coverage (excluding allocations to the call (D) agents and brokers; coverage’’ for purposes of subsection (b) and center for the Federal Exchange); and (E) the enrollment assistant program; (c) of section 506, any use made of funds ap- (ii) activities conducted by an in-person (F) directly from issuers or web brokers; propriated under subsection (b) starting in consumer assistance program that does not and plan year 2019, and subsection (a)(2)(B) start- have a conflict of interest and that, among (G) other means. ing in plan year 2018, and any program, ac- other activities, facilitates enrollment of in- (b) OPEN ENROLLMENT AFTER ACTION RE- tivity, plan, or coverage funded or supported dividuals through the Federal Exchange, and PORT.—For plan years 2019 and 2020, the Sec- by such funds, shall constitute ‘‘health bene- retary, in coordination with the Secretary of distributes fair and impartial information fits coverage’’. the Treasury and the Secretary of Labor, concerning enrollment through such Ex- (d) LIMITATIONS.—The following shall shall publish an after action report not later change and the availability of tax credits apply: and cost-sharing reductions. (1) Nothing in this section shall be con- than 3 months after the completion of the annual open enrollment period regarding the (B) CONNECTION WITH FEDERAL EXCHANGE.— strued to limit the applicability of sub- Activities conducted under this subsection section (a), (b), or (d) of section 507. performance of the Federal Exchange and the Small Business Health Options Program shall be in connection with the operation of (2) For purposes of this section, a health (SHOP) Marketplace for the applicable plan the Federal Exchange, to provide special insurance issuer expending State, local, or year. Each such report shall include a sum- benefits to health insurance issuers partici- private funds, shall be treated in the same mary, including information on a State-by- pating in the Federal Exchange. manner as a managed care provider de- State basis where available, of— (3) CONTRACT AUTHORITY.—The Secretary scribed in section 507(c). (1) the open enrollment data reported may contract with a State to conduct out- SEC. 231. ALLOWING ALL INDIVIDUALS PUR- under subsection (a) for the entirety of the reach and enrollment activities for plan CHASING HEALTH INSURANCE IN enrollment period; and years 2019 and 2020. Any outreach and enroll- THE INDIVIDUAL MARKET THE OP- ment activities conducted by a State or TION TO PURCHASE A LOWER PRE- (2) activities related to patient navigators MIUM COPPER PLAN. described in section 1311(i) of the Patient other entity at the direction of the State, in (a) IN GENERAL.—Section 1302(e) of the Pa- Protection and Affordable Care Act (42 accordance with such a contract, shall be tient Protection and Affordable Care Act (42 U.S.C. 18031(i)), including— treated as Federal activities to provide spe- U.S.C. 18022(e)) is amended— (A) the performance objectives established cial benefits to participating health insur- (1) in paragraph (1)— by the Secretary for such patient navigators; ance issuers consistent with OMB Circular (A) by redesignating clauses (i) and (ii) of (B) the number of consumers enrolled by No. A–25R. subparagraph (B) as subparagraphs (A) and such a patient navigator; (4) CLARIFICATIONS.— (B), respectively, and adjusting the margins (C) an assessment of how such patient (A) PRIOR FUNDING.—Nothing in this sub- accordingly; navigators have met established perform- section should be construed as rescinding or (B) by striking ‘‘plan year if—’’ and all ance metrics, including a detailed list of all cancelling any funds already obligated on that follows through ‘‘the plan provides—’’ patient navigators, funding received by pa- the date of enactment of this Act for out- and inserting ‘‘plan year if the plan pro- tient navigators, and whether established reach and enrollment activities for plan year vides—’’; and performance objectives of patient navigators 2019. (C) in subparagraph (A), as redesignated by were met; and (B) AVAILABILITY OF FUNDING.—The Sec- paragraph (1), by striking ‘‘clause (ii)’’ and (D) with respect to the performance objec- retary shall ensure that outreach and enroll- inserting ‘‘subparagraph (B)’’; tives described in subparagraph (A)— ment activities are conducted in all applica- (2) by striking paragraph (2); and (i) whether such objectives assess the full ble States, including, as necessary, by pro- (3) by redesignating paragraph (3) as para- scope of patient navigator responsibilities, viding for such activities through contracts graph (2). including general education, plan selection, described in paragraph (3). (b) RISK POOLS.—Section 1312(c)(1) of the and determination of eligibility for tax cred- SEC. 233. OFFERING HEALTH PLANS IN MORE Patient Protection and Affordable Care Act its, cost-sharing reductions, or other cov- THAN ONE STATE. (42 U.S.C. 18032(c)) is amended by inserting erage; Not later than 1 year after the date of en- ‘‘and including enrollees in catastrophic (ii) how the Secretary worked with patient actment of this Act, the Secretary of Health plans described in section 1302(e)’’ after ‘‘Ex- navigators to establish such objectives; and and Human Services, in consultation with change’’. (iii) how the Secretary adjusted such ob- the National Association of Insurance Com- (c) CONFORMING AMENDMENT.—Section jectives for case complexity and other con- missioners, shall issue regulations for the 1312(d)(3)(C) of the Patient Protection and textual factors. implementation of health care choice com- Affordable Care Act (42 U.S.C. 18032(d)(3)(C)) (c) REPORT ON ADVERTISING AND CONSUMER pacts established under section 1333 of the is amended by striking ‘‘, except that in the OUTREACH.—Not later than 3 months after Patient Protection and Affordable Care Act

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.055 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1960 CONGRESSIONAL RECORD — SENATE March 22, 2018 (42 U.S.C. 18053) to allow for the offering of program of the Department of State, pation in the basic health program and funds health plans in more than one State. and for other purposes; as follows: provided to such other States under section SEC. 234. CONSUMER NOTIFICATION. Strike ‘‘4’’ and insert ‘‘5’’ 1331’’; and In addition to any applicable Federal re- (III) by adding after the second sentence quirements with respect to short-term lim- SA 2222. Mrs. MURRAY submitted an the following: ‘‘A State may request that all ited duration insurance, a State insurance amendment intended to be proposed by of, or any portion of, such aggregate amount commissioner shall require the issuer of her to the bill H.R. 1625, to amend the of such credits, reductions, or funds be paid short-term, limited duration insurance ap- State Department Basic Authorities to the State as described in the first sen- proved for sale in the State to display promi- Act of 1956 to include severe forms of tence.’’; nently in marketing materials, the contract, (ii) by redesignating paragraphs (4), (5), and application materials provided in con- trafficking in persons within the defi- and (6) as paragraphs (5), (6), and (7), respec- nection with enrollment in such insurance a nition of transnational organized crime tively; and notice to consumers that includes such infor- for purposes of the rewards program of (iii) by inserting after paragraph (3) the mation as the State insurance commissioner the Department of State, and for other following: determines sufficient to inform the indi- purposes; which was ordered to lie on ‘‘(4) FEDERAL FUNDING FOR INVISIBLE HIGH- vidual that coverage and benefits under such the table; as follows: RISK POOL AND REINSURANCE PROGRAMS.— insurance differ from coverage and benefits At the end, add the following: ‘‘(A) ALLOCATIONS.—Not later than 45 days under qualified health plans. DIVISION W—BIPARTISAN HEALTH CARE after the date of enactment of the Bipartisan STABILIZATION Health Care Stabilization Act of 2018, the SA 2217. Mr. MCCONNELL proposed Secretary, in consultation with the National SECTION 1. SHORT TITLE. an amendment to the bill H.R. 1625, to Association of Insurance Commissioners, This division may be cited as the ‘‘Bipar- amend the State Department Basic Au- tisan Health Care Stabilization Act of 2018’’. shall specify an allocation methodology for determining the amount of funds appro- thorities Act of 1956 to include severe SEC. 2. WAIVERS FOR STATE INNOVATION; COST- forms of trafficking in persons within SHARING PAYMENTS. priated under section 2(a)(2)(B) of the Bipar- tisan Health Care Stabilization Act of 2018 the definition of transnational orga- (a) WAIVERS FOR STATE INNOVATION.— (1) STREAMLINING THE STATE APPLICATION for a fiscal year to be allocated for each nized crime for purposes of the rewards State for purposes of subparagraph (B). Such program of the Department of State, PROCESS.—Section 1332 of the Patient Protec- tion and Affordable Care Act (42 U.S.C. 18052) methodology shall allocate funds in a man- and for other purposes; as follows: is amended— ner that would yield a similar level of pre- At the end add the following. (A) in subsection (a)(1)(C), by striking ‘‘the mium reduction in all States if all States ap- ‘‘This Act shall take effect 1 day after the law’’ and inserting ‘‘a law or has in effect a plied for and received funding, taking into date of enactment.’’ certification’’; and account market stability and competition in (B) in subsection (b)(2)— the various States. If not all States apply for SA 2218. Mr. MCCONNELL proposed (i) in the paragraph heading, by inserting and receive funding under subparagraph (B), an amendment to amendment SA 2217 ‘‘OR CERTIFY’’ after ‘‘LAW’’; remaining funds shall be used to carry out proposed by Mr. MCCONNELL to the bill (ii) in subparagraph (A)— section 2(a)(2)(C) of the Bipartisan Health H.R. 1625, to amend the State Depart- (I) by striking ‘‘A law’’ and inserting the Care Stabilization Act of 2018. ment Basic Authorities Act of 1956 to following: ‘‘(B) STATE GRANTS.—From amounts appropriated under section 2(a)(2)(B) of the Bipar- include severe forms of trafficking in ‘‘(i) LAWS.—A law’’; and (II) by adding at the end the following: tisan Health Care Stabilization Act of 2018 persons within the definition of ‘‘(ii) CERTIFICATIONS.—A certification de- for a fiscal year, the Secretary shall award transnational organized crime for pur- scribed in this paragraph is a document, grants to States for each of fiscal years 2018 poses of the rewards program of the De- signed by the Governor of the State, that through 2021, in amounts determined in ac- partment of State, and for other pur- certifies that such Governor has the author- cordance with the allocation methodology poses; as follows: ity under existing Federal and State law to under subparagraph (A), for the following Strike ‘‘1 day’’ and insert ‘‘2 days’’ take action under this section, including im- purposes: plementation of the State plan under sub- ‘‘(i) For fiscal year 2018, for administrative SA 2219. Mr. MCCONNELL proposed section (a)(1)(B).’’; and costs of the State associated with preparing an amendment to the bill H.R. 1625, to (iii) in subparagraph (B)— and submitting information described in sub- (I) in the subparagraph heading, by strik- section (a)(1)(B) that includes an invisible amend the State Department Basic Au- ing ‘‘OF OPT OUT’’; and high-risk pool or reinsurance program that thorities Act of 1956 to include severe (II) by striking ‘‘may repeal a law’’ and all meets the requirements of subsection (g)(2), forms of trafficking in persons within that follows through the period at the end or costs associated with the establishment of the definition of transnational orga- and inserting the following: ‘‘may terminate such invisible high-risk pool or reinsurance nized crime for purposes of the rewards the authority provided under the waiver program. program of the Department of State, with respect to the State by— ‘‘(ii) For each of fiscal years 2019, 2020, and and for other purposes; as follows: ‘‘(i) repealing a law described in subpara- 2021, for the establishment or maintenance of graph (A)(i); or invisible high-risk pools and reinsurance At the end add the following. ‘‘(ii) terminating a certification described programs that meet the requirements of sub- ‘‘This Act shall take effect 3 days after the in subparagraph (A)(ii), through a certifi- section (g)(2) and for which the State has re- date of enactment.’’ cation for such termination signed by the ceived a waiver under this section. Governor of the State.’’. ‘‘(C) BUDGET NEUTRALITY.—Funds awarded SA 2220. Mr. MCCONNELL proposed (2) GIVING STATES MORE FUNDING FLEXI- to a State under a grant awarded under sub- an amendment to amendment SA 2219 BILITY, TO ESTABLISH REINSURANCE, HIGH RISK paragraph (B) shall not be taken into ac- proposed by Mr. MCCONNELL to the bill POOLS, INVISIBLE HIGH RISK POOLS, INSURANCE count for purposes of determining under H.R. 1625, to amend the State Depart- STABILITY FUNDS AND OTHER PROGRAMS.— paragraph (1) whether the State waiver is ment Basic Authorities Act of 1956 to (A) STATE GRANTS UNDER WAIVERS.—Sec- budget neutral, or determining under sub- include severe forms of trafficking in tion 1332(a) of the Patient Protection and Af- section (b)(1) whether the State waiver in- persons within the definition of fordable Care Act (42 U.S.C. 18052(a)) is creases the Federal deficit.’’. transnational organized crime for pur- amended— (B) APPROPRIATIONS.— poses of the rewards program of the De- (i) in paragraph (3)— (i) IN GENERAL.—There are authorized to be (I) in the first sentence— appropriated, and there are appropriated, to partment of State, and for other pur- (aa) by inserting ‘‘or would qualify for a re- the Secretary of Health and Human Services, poses; as follows: duced portion of’’ after ‘‘would not qualify for the purposes described in section Strike ‘‘3 days’’ and insert ‘‘4 days’’ for’’; 1332(a)(4)(B) of the Patient Protection and (bb) by inserting ‘‘, or the State would not Affordable Care Act and subparagraph (C), SA 2221. Mr. MCCONNELL proposed qualify for or would qualify for a reduced out of any funds in the Treasury not other- an amendment to amendment SA 2220 portion of basic health program funds under wise appropriated— proposed by Mr. MCCONNELL to the section 1331,’’ after ‘‘subtitle E’’; (I) $500,000,000 for fiscal year 2018; and amendment SA 2219 proposed by Mr. (cc) by inserting ‘‘, or basic health program (II) $10,000,000,000 for each of fiscal years MCCONNELL to the bill H.R. 1625, to funds the State would have received,’’ after 2019, 2020, and 2021. amend the State Department Basic Au- ‘‘this title’’; and (ii) AVAILABLE UNTIL EXPENDED.—Amounts (dd) by inserting ‘‘or for implementing the appropriated under this paragraph shall re- thorities Act of 1956 to include severe basic health program established under sec- main available until expended. forms of trafficking in persons within tion 1331’’ before the period; (C) DEFAULT FEDERAL SAFEGUARD.— the definition of transnational orga- (II) in the second sentence, by inserting be- (i) IN GENERAL.—For purposes of plan years nized crime for purposes of the rewards fore the period ‘‘, and with respect to partici- 2019 through 2021, in the case of a State that

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.055 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1961

does not, by a date specified by the Sec- on or after the date of enactment of the Bi- ‘‘(1) IN GENERAL.—With respect to carrying retary of Health and Human Services (re- partisan Health Care Stabilization Act of out this section, the Secretary shall— ferred to in this subparagraph as the ‘‘Sec- 2018 or any such application submitted prior ‘‘(A) issue guidance, not later than 60 days retary’’), in consultation with the National to such date of enactment and under review after the date of enactment of the Bipartisan Association of Insurance Commissioners, by the Secretary on such date of enactment, Health Care Stabilization Act of 2018, that have in effect a waiver under section 1332 of the Secretary shall make a determination on includes initial examples of model State the Patient Protection and Affordable Care such application, using the criteria for ap- plans that meet the requirements for ap- Act (42 U.S.C. 18052) that includes an invis- proval otherwise applicable under this sec- proval under this section; and ible high-risk pool or reinsurance program tion, not later than 45 days after the receipt ‘‘(B) periodically review the guidance that meets the requirements of subsection of such application, and shall allow the pub- issued under subparagraph (A) and when ap- (g)(2) of such section 1332, the Secretary lic notice and comment at the State and propriate, issue additional examples of shall, from amounts appropriated under sub- Federal levels described under subsection model State plans that meet the require- paragraph (B), use the allocation determined (a)(5) to occur concurrently if such State ap- ments for approval under this section, which for the State under subsection (a)(4)(B) of plication— may include— such section 1332 for plan years 2019 through ‘‘(i) is submitted in response to an urgent ‘‘(i) State plans establishing reinsurance or 2021 for the purpose described in clause (ii) situation, with respect to areas in the State invisible high-risk pool arrangements for for such State. that the Secretary determines are at risk for purposes of covering the cost of high-risk in- (ii) REQUIRED USE FOR MARKET STABILIZA- excessive premium increases or having no dividuals; TION PAYMENTS TO ISSUERS.—The Secretary health plans offered in the applicable health ‘‘(ii) State plans expanding insurer partici- shall enter into arrangements with the State insurance market for the current or fol- pation, access to affordable health plans, or appropriate non-profit entities to help lowing plan year; or network adequacy, and health plan options stabilize premiums for health insurance cov- ‘‘(ii) is for a waiver that is the same or sub- over the entire applicable health insurance erage in the individual market, by providing stantially similar to a waiver that the Sec- market in the State; payments to insurers with respect to enroll- retary already has approved for another ‘‘(iii) waivers encouraging or requiring ees whose claims exceed a dollar amount es- State. health plans in such State to deploy value- tablished by the Secretary, in an amount ‘‘(B) APPROVAL.— based insurance designs which structure en- equal to 80 percent of the amount of such ‘‘(i) URGENT SITUATIONS.— rollee cost-sharing and other health plan de- claims. ‘‘(I) PROVISIONAL APPROVAL.—A waiver ap- sign elements to encourage enrollees to con- (3) ENSURING PATIENT ACCESS TO MORE proved under the expedited determination sume high-value clinical services; FLEXIBLE HEALTH PLANS.—Section 1332 of the process under subparagraph (A)(i) shall be in ‘‘(iv) State plans allowing for significant Patient Protection and Affordable Care Act effect for a period of 3 years, unless the State variation in health plan benefit design; or (42 U.S.C. 18052) is amended— requests a shorter duration. ‘‘(v) any other State plan as the Secretary (A) in subsection (b)— determines appropriate. ‘‘(II) FULL APPROVAL.—Subject to the re- (i) in paragraph (1)— quirements for approval otherwise applicable ‘‘(2) RESCISSION OF PREVIOUS REGULATIONS (I) in subparagraph (B), by striking ‘‘at under this section, not later than 1 year be- AND GUIDANCE.—Beginning on the date of enactment of the Bipartisan Health Care Sta- least as affordable’’ and inserting ‘‘of com- fore the expiration of a provisional waiver parable affordability, including for low-in- bilization Act of 2018, the regulations pro- period described in subclause (I) with respect come individuals, individuals with serious mulgated, and the guidance issued, under to an application described in subparagraph health needs, and other vulnerable popu- this section prior to the date of enactment of (A)(i), the Secretary shall make a determina- lations,’’; and the Bipartisan Health Care Stabilization Act tion on whether to extend the approval of (II) by amending subparagraph (D) to read of 2018 shall have no force or effect.’’; and such waiver for the full term of the waiver as follows: (B) in subsection (a)(5) (as redesignated by requested by the State, for a total approval ‘‘(D)(i) will not increase the Federal deficit paragraph (2)(A)(ii))— period not to exceed 6 years. The Secretary over the term of the waiver; and (i) in subparagraph (A), by inserting ‘‘, as may request additional information as the ‘‘(ii) will not increase the Federal deficit applicable’’ before the period; and over the term of the 10-year budget plan sub- Secretary determines appropriate to make (ii) in subparagraph (B), by striking ‘‘Not mitted under subsection (a)(1)(B)(ii).’’; such determination. later than 180 days after the date of enact- (ii) by redesignating paragraph (2) (as ‘‘(ii) APPROVAL OF SAME OR SIMILAR APPLI- ment of this Act, the Secretary shall’’ and amended by paragraph (1)) as paragraph (3); CATIONS.—An approval of a waiver under sub- inserting ‘‘The Secretary may’’. paragraph (A)(ii) shall be subject to the and (7) INVISIBLE HIGH RISK POOLS AND REINSUR- terms of subsection (e). (iii) by inserting after paragraph (1) the ANCE PROGRAMS.—Section 1332 of the Patient following: ‘‘(C) GAO STUDY.—Not later than 5 years Protection and Affordable Care Act (42 ‘‘(2) BUDGETARY EFFECT.— after the date of enactment of the Bipartisan U.S.C. 18052), as amended by paragraph (6), is ‘‘(A) IN GENERAL.—In determining whether Health Care Stabilization Act of 2018, the further amended by adding at the end the a State plan submitted under subsection (a) Comptroller General of the United States following: meets the deficit neutrality requirements of shall conduct a review of all waivers ap- ‘‘(g) INVISIBLE HIGH RISK POOLS AND REIN- paragraph (1)(D), the Secretary may take proved pursuant to subparagraph (A)(ii) to SURANCE PROGRAMS.— into consideration the direct budgetary ef- evaluate whether such waivers met the re- ‘‘(1) FUNDING.—With respect to a State fect of the provisions of such plan on sources quirements of subsection (b)(1) and whether that has received a waiver under this section of Federal funding other than the funding de- the applications should have qualified for to establish an invisible high-risk pool or re- scribed in subsection (a)(3). such expedited process.’’. insurance program described in paragraph ‘‘(B) LIMITATION.—A determination made (5) PROVIDING CERTAINTY FOR STATE-BASED (2), the State may fund such program, in by the Secretary under subparagraph (A)— REFORMS.—Section 1332(e) of the Patient whole or in part, using one or both of the fol- ‘‘(i) shall not be construed to affect any Protection and Affordable Care Act (42 lowing: waiver process or standards or terms and U.S.C. 18052(e)) is amended by striking ‘‘No ‘‘(A) Amounts received through a grant de- conditions in effect on the date of enactment waiver’’ and all that follows through the pe- scribed in subsection (a)(4)(B). of the Bipartisan Health Care Stabilization riod at the end and inserting the following: ‘‘(B) All of, or a portion of, the payments Act of 2018 under title XI, XVIII, XIX, or XXI ‘‘A waiver under this section— made to the State as described in subsection of the Social Security Act, or any other Fed- ‘‘(1) shall be in effect for a period of 6 years (a)(3), consistent with the information the eral law relating to the provision of health unless the State requests a shorter duration; State provides under subsection (a)(1)(B). care items or services; and ‘‘(2) may be renewed, subject to the State ‘‘(2) PROGRAM DESIGN.—An invisible high- ‘‘(ii) shall be made without regard to any meeting the criteria for approval otherwise risk pool or reinsurance program described changes in policy with respect to any waiver applicable under this section, for unlimited in this paragraph is a program that meets process or provision of health care items or additional 6-year periods upon application by any of the following: services described in clause (i).’’; and the State; and ‘‘(A) An invisible high-risk pool, as defined (B) in subsection (a)(1)(C), by striking ‘‘(3) may not be suspended or terminated, by the State, under which health insurance ‘‘subsection (b)(2)’’ and inserting ‘‘subsection in whole or in part, by the Secretary at any issuers, with respect to designated individ- (b)(3)’’. time before the date of expiration of the uals who experience higher than average (4) PROVIDING EXPEDITED APPROVAL OF waiver period (including any renewal period health costs as determined by the State, and STATE WAIVERS.—Section 1332(d) of the Pa- under paragraph (2)), unless the Secretary are enrolled in health insurance coverage of- tient Protection and Affordable Care Act (42 determines that the State materially failed fered in the individual market, cede risk to U.S.C. 18052(d)) is amended— to comply with the terms and conditions of the pool, without affecting the premium paid (A) in paragraph (1) by striking ‘‘180’’ and the waiver.’’. by the designated individuals or their terms inserting ‘‘120’’; and (6) GUIDANCE AND REGULATIONS.—Section of coverage. With respect to such pool, the (B) by adding at the end the following: 1332 of the Patient Protection and Affordable State, or an entity operating the pool on be- ‘‘(3) EXPEDITED DETERMINATION.— Care Act (42 U.S.C. 18052) is amended— half of the State, shall establish— ‘‘(A) IN GENERAL.—With respect to any ap- (A) by adding at the end the following: ‘‘(i) the premium amount the ceding issuer plication under subsection (a)(1) submitted ‘‘(f) GUIDANCE AND REGULATIONS.— shall pay to the reinsurance pool;

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.066 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1962 CONGRESSIONAL RECORD — SENATE March 22, 2018 ‘‘(ii) the applicable attachment points or essary for, with respect to States that have SEC. 3. ALLOWING ALL INDIVIDUALS PUR- coinsurance percentages if the ceding issuer in effect a basic health plan on January 1, CHASING HEALTH INSURANCE IN retains any portion of the risk under ceded 2018, the portion of transfers pursuant to sec- THE INDIVIDUAL MARKET THE OP- policies; and TION TO PURCHASE A LOWER PRE- tion 1331(d) of the Patient Protection and Af- MIUM COPPER PLAN. ‘‘(iii) the mechanism by which high-risk fordable Care Act (42 U.S.C. 18051(d)) attrib- (a) IN GENERAL.—Section 1302(e) of the Pa- individuals are designated for cession to the utable to the cost-sharing reductions under tient Protection and Affordable Care Act (42 pool, which may include a list of designated section 1402 of the Patient Protection and U.S.C. 18022(e)) is amended— high-cost health conditions. Affordable Care Act (42 U.S.C. 18071) that (1) in paragraph (1)— ‘‘(B) A reinsurance program, as defined by would have been provided for plan year 2018 (A) by redesignating clauses (i) and (ii) of the State, that assumes a portion of the risk with respect to eligible individuals enrolled subparagraph (B) as subparagraphs (A) and for individuals who experience higher than in standard health plans in such States. average health costs as determined by the (B), respectively, and adjusting the margins (B) HOLD HARMLESS.— State, in a manner substantially similar to accordingly; (i) IN GENERAL.—For plan year 2018, there the reinsurance program that operated in (B) by striking ‘‘plan year if—’’ and all is appropriated to the Secretary, out of any the State in accordance with section 1341. that follows through ‘‘the plan provides—’’ funds in the Treasury not otherwise obli- ‘‘(C) A reinsurance program established by and inserting ‘‘plan year if the plan pro- the State not otherwise described in this gated, such sums as may be necessary for vides—’’; and paragraph. payments for cost-sharing reductions au- (C) in subparagraph (A), as redesignated by ‘‘(D) A program based on another State’s thorized by section 1402 of the Patient Pro- paragraph (1), by striking ‘‘clause (ii)’’ and reinsurance program— tection and Affordable Care Act (42 U.S.C. inserting ‘‘subparagraph (B)’’; ‘‘(i) described in subparagraph (A), (B), or 18071) with respect to specified qualified (2) by striking paragraph (2); and (C), for which an application has been ap- health plans described in clause (ii). (3) by redesignating paragraph (3) as para- proved under this subsection; or (ii) SPECIFIED QUALIFIED HEALTH PLANS DE- graph (2). ‘‘(ii) which was implemented prior to the SCRIBED.—A specified qualified health plan (b) RISK POOLS.—Section 1312(c)(1) of the date of enactment of the Bipartisan Health described in this clause is a qualified health Patient Protection and Affordable Care Act Care Stabilization Act of 2018, and which the plan— (42 U.S.C. 18032(c)) is amended by inserting Secretary determines meets the require- (I) offered in a State that— ‘‘and including enrollees in catastrophic ments of subparagraph (A). (aa) prohibited increasing premium rates plans described in section 1302(e)’’ after ‘‘Ex- ‘‘(3) SINGLE RISK POOL.—An invisible high- to account for non-payment of cost-sharing change’’. risk pool or reinsurance program established reductions under section 1402 of the Patient (c) CONFORMING AMENDMENT.—Section in accordance with this subsection shall not Protection and Affordable Care Act; or 1312(d)(3)(C) of the Patient Protection and be considered a separate risk pool for pur- (bb) did not provide guidance on whether Affordable Care Act (42 U.S.C. 18032(d)(3)(C)) is amended by striking ‘‘, except that in the poses of section 1312(c).’’. to increase premiums to account for non- case of a catastrophic plan described in sec- (8) APPLICABILITY.—The amendments made payment of cost-sharing reduction under tion 1302(e), a qualified individual may enroll by this Act to section 1332 of the Patient such section 1402; and in the plan only if the individual is eligible Protection and Affordable Care Act (42 (II) for which the Secretary determines, to enroll in the plan under section U.S.C. 18052)— based on a certification and appropriate doc- 1302(e)(2)’’. (A) with respect to applications for waivers umentation from the issuer of such plan and under such section 1332 submitted after the (d) EFFECTIVE DATE.—The amendments a certification from the applicable State reg- made by subsections (a), (b), and (c) shall date of enactment of this Act and applica- ulator, that the health insurance issuer of tions for such waivers submitted prior to apply with respect to plan years beginning such plan has not increased premium rates such date of enactment and under review by on or after January 1, 2019. for plan year 2018 on account of the issuer as- the Secretary on the date of enactment, SEC. 4. CONSUMER OUTREACH, EDUCATION, AND suming, or being instructed by applicable shall take effect on the date of enactment of ASSISTANCE. this Act; and State regulators to assume, that the issuer (a) OPEN ENROLLMENT REPORTS.—For plan (B) with respect to applications for waivers would receive payments under such section years 2019 through 2021, the Secretary of approved under such section 1332 before the 1402. Health and Human Services (referred to in date of enactment of this Act, shall not re- (3) PROTECTING CONSUMERS FROM INCREASED this section as the ‘‘Secretary’’), in coordina- quire reconsideration of whether such appli- OUT-OF-POCKET COSTS.—Section 1402 of the tion with the Secretary of the Treasury and cations meet the requirements of such sec- Patient Protection and Affordable Care Act the Secretary of Labor, shall issue biweekly tion 1332, except that, at the request of a (42 U.S.C. 18071) is amended by adding at the public reports during the annual open enroll- State, the Secretary shall recalculate the end, the following: ment period on the performance of the Fed- amount of funding provided under subsection ‘‘(g) ADDITIONAL REDUCTION.— eral Exchange and the Small Business (a)(3) of such section. ‘‘(1) REDUCTION FOR LOW INCOME IN- Health Options Program (SHOP) Market- place. Each such report shall include a sum- (9) CLARIFYING BUDGET NEUTRALITY.—Sec- SUREDS.—For plan years 2019 through 2021, in tion 1332(a)(1)(B) of the Patient Protection addition to the cost-sharing reductions mary, including information on a State-by- and Affordable Care Act (42 U.S.C. under subsection (c), the Secretary shall es- State basis where available, of— (1) the number of unique website visits; 18052(a)(1)(B)) is amended— tablish procedures under which the issuer of (2) the number of individuals who create an (A) in clause (i), by inserting ‘‘, including, a qualified health plan to which this section as applicable, a description of the State’s account; applies shall further reduce cost-sharing plan to use any amounts awarded to the (3) the number of calls to the call center; under the plan in a manner sufficient to— State under paragraph (4) to support an in- (4) the average wait time for callers con- ‘‘(A) in the case of an eligible insured visible high-risk pool or reinsurance pro- tacting the call center; whose household income is not less than 150 gram consistent with subsection (g) and such (5) the number of individuals who enroll in percent but not more than 250 percent of the information about such program as the Sec- a qualified health plan; and retary may require’’ before the semicolon; poverty line for a family of the size involved, (6) the percentage of individuals who enroll and increase the plan’s share of the total allowed in a qualified health plan through each of— (B) in clause (ii), by inserting ‘‘over both costs of benefits provided under the plan to (A) the website; the term of the proposed waiver and the 87 percent of such costs; and (B) the call center; term of the 10-year budget plan’’ after ‘‘Gov- ‘‘(B) in the case of an eligible insured (C) navigators; ernment’’. whose household income is not less than 250 (D) agents and brokers; (b) COST-SHARING PAYMENTS.— percent but not more than 400 percent of the (E) the enrollment assistant program; (1) IN GENERAL.—There is appropriated to poverty line for a family of the size involved, (F) directly from issuers or web brokers; the Secretary of Health and Human Services increase the plan’s share of the total allowed and (referred to in this section as the ‘‘Sec- costs of benefits provided under the plan to (G) other means. retary’’), out of any funds in the Treasury 80 percent of such costs.’’. (b) OPEN ENROLLMENT AFTER ACTION RE- not otherwise obligated, such sums as may ‘‘(2) CONFORMING AMENDMENT.—For plan PORT.—For plan years 2019 through 2021, the be necessary for payments for cost-sharing years 2019 through 2021, in addition to the co- Secretary, in coordination with the Sec- reductions, as authorized by section 1402 of ordination with actuarial value limits under retary of the Treasury and the Secretary of the Patient Protection and Affordable Care subsection (c)(1)(B),the Secretary shall en- Labor, shall publish an after action report Act (42 U.S.C. 18071) for plan years 2017, 2019, sure that the reductions under subsection not later than 3 months after the completion 2020, and 2021. (c)(1) do not result in an increase in the of the annual open enrollment period regard- (2) SPECIAL RULES FOR COST-SHARING REDUC- plan’s share of the total allowed costs of ben- ing the performance of the Federal Exchange TIONS.— efits provided under the plan above— and the Small Business Health Options Pro- (A) BASIC HEALTH PLAN.—For plan year ‘‘(A) 87 percent, in the case of an eligible gram (SHOP) Marketplace for the applicable 2018, there is appropriated to the Secretary, insured described in paragraph (1)(A); and plan year. Each such report shall include a out of any funds in the Treasury not other- ‘‘(B) 80 percent, in the case of an eligible summary, including information on a State- wise obligated, such sums as may be nec- insured described in paragraph (1)(B).’’. by-State basis where available, of—

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.066 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1963

(1) the open enrollment data reported (3) CONTRACT AUTHORITY.—The Secretary ‘‘(D) covers essential health benefits as set under subsection (a) for the entirety of the may contract with a State to conduct out- forth in section 1302 of the Patient Protec- enrollment period; and reach and enrollment activities for plan tion and Affordable Care Act; (2) activities related to patient navigators years 2019 through 2021. Any outreach and ‘‘(E) meets the following requirements for described in section 1311(i) of the Patient enrollment activities conducted by a State individual health insurance coverage as set Protection and Affordable Care Act (42 or other entity at the direction of the State, forth in this title— U.S.C. 18031(i)), including— in accordance with such a contract, shall be ‘‘(i) section 2701 (relating to fair health in- (A) the performance objectives established treated as Federal activities to provide spe- surance premiums); by the Secretary for such patient navigators; cial benefits to participating health insur- ‘‘(ii) section 2702 (relating to guaranteed (B) the number of consumers enrolled by ance issuers consistent with OMB Circular availability of coverage), except as provided such a patient navigator; No. A–25R. in paragraph (1) consistent with the limita- (C) an assessment of how such patient (4) CLARIFICATIONS.— tions of subsection (c); navigators have met established perform- (A) PRIOR FUNDING.—Nothing in this sub- ‘‘(iii) section 2704 (relating to the prohibi- ance metrics, including a detailed list of all section should be construed as rescinding or tion of pre-existing condition exclusions or patient navigators, funding received by pa- cancelling any funds already obligated on other discrimination based on health status); tient navigators, and whether established the date of enactment of this Act for out- ‘‘(iv) section 2705 (relating to the prohibi- performance objectives of patient navigators reach and enrollment activities for plan year tion of discrimination against individual were met; and 2019. participants and beneficiaries based on (D) with respect to the performance objec- (B) AVAILABILITY OF FUNDING.—The Sec- health status); tives described in subparagraph (A)— retary shall ensure that outreach and enroll- ‘‘(v) section 2706 (relating to non- (i) whether such objectives assess the full ment activities are conducted in all applica- discrimination in health care); scope of patient navigator responsibilities, ble States, including, as necessary, by pro- ‘‘(vi) section 2707 (relating to comprehen- including general education, plan selection, viding for such activities through contracts sive health insurance coverage); and determination of eligibility for tax cred- described in paragraph (3). ‘‘(vii) section 2711 (prohibiting lifetime and its, cost-sharing reductions, or other cov- SEC. 5. OFFERING HEALTH PLANS IN MORE THAN annual limits); erage; ONE STATE. ‘‘(viii) section 2712 (prohibiting rescis- (ii) how the Secretary worked with patient Not later than 1 year after the date of en- sions); navigators to establish such objectives; and actment of this Act, the Secretary of Health ‘‘(ix) section 2713 (coverage of preventive (iii) how the Secretary adjusted such ob- and Human Services, in consultation with health services); jectives for case complexity and other con- the National Association of Insurance Com- ‘‘(x) section 2714 (relating to coverage of textual factors. missioners, shall issue regulations for the dependents); and (c) REPORT ON ADVERTISING AND CONSUMER implementation of health care choice com- ‘‘(xi) section 2719 (relating to appeals); and OUTREACH.—Not later than 3 months after pacts established under section 1333 of the ‘‘(F) upon the issuance of a health insur- the completion of the annual open enroll- Patient Protection and Affordable Care Act ance plan that an issuer asserts to be short- ment period for the 2019 plan year, the Sec- (42 U.S.C. 18053) to allow for the offering of term limited duration insurance, the issuer retary shall issue a report on advertising and health plans in more than one State. of such plan shall provide documentation to outreach to consumers for the open enroll- SEC. 6. SHORT-TERM LIMITED DURATION the Secretary and the State insurance com- HEALTH INSURANCE POLICIES. ment period for the 2019 plan year. Such re- missioner, in a form determined by the Sec- (a) PROHIBITION ON PROPOSED RULE.—Not- port shall include a description of— retary, regarding the individuals covered by withstanding any other provision of law, the (1) the division of spending on individual the plan and the duration of the plan which Secretary of Health and Human Services, the shall be reviewed by the entity responsible advertising platforms, including television Secretary of the Treasury, and the Secretary for enforcement under section 2722, together and radio advertisements and digital media, of Labor may not take any action to imple- with documentation submitted by other to raise consumer awareness of open enrollment, enforce, or otherwise give effect to the issuers, to determine whether the plan satis- ment; proposed rule relating to the definition of fies the requirement under subparagraph (B) (2) the division of spending on individual short-term limited-duration insurance (83 and, if not, such entity shall take appro- outreach platforms, including email and text Fed. Reg. 7437–7447, February 21, 2018), inso- priate enforcement action.’’. messages, to raise consumer awareness of far as such proposed rule relates to a revised (2) EFFECTIVE DATE.—The amendment open enrollment; and definition of the term ‘‘short-term limited made by paragraph (1) shall apply to plan (3) whether the Secretary conducted tar- duration insurance’’ and the Secretaries years beginning on or after January 1, 2019. geted outreach to specific demographic shall implement, enforce, and otherwise give groups and geographic areas. effect to the definition of such term as ap- SEC. 7. FUNDING. (d) OUTREACH AND ENROLLMENT ACTIVI- plied by the Secretaries under the regula- Notwithstanding any other provision of TIES.— tions in effect on the date of enactment of law related to the services described in sub- (1) OPEN ENROLLMENT.—Of the amounts col- this Act (81 Fed. Reg. 75316), and such regula- section (b)(1)(B) of section 1303 of Public Law lected through the user fees on participating tions shall continue in effect with respect to 111–148, amounts appropriated under this di- health insurance issuers pursuant to section policies until the effective date described in vision are subject to no requirements or lim- 156.50 of title 45, Code of Federal Regulations subsection (b)(2). itations related to such services other than (or any successor regulations), the Secretary (b) STANDARDS.— the requirements or limitations established shall obligate $105,800,000 for outreach and (1) IN GENERAL.—Section 2791(b) of the Pub- under such section 1303, and, in the case of enrollment activities for each of the open en- lic Health Service Act (42 U.S.C. 300gg–91) is amounts appropriated under section rollment periods for plan years 2019 through amended by adding at the end the following: 2(a)(2)(B), such section 1303 shall apply to 2021. ‘‘(6) SHORT-TERM LIMITED DURATION INSUR- such amounts in the same manner and to the (2) OUTREACH AND ENROLLMENT ACTIVI- ANCE.—The term ‘short-term limited dura- same extent as if the purposes for which such TIES.— tion insurance’ means health insurance cov- amounts are appropriated under section (A) IN GENERAL.—For purposes of this sub- erage provided pursuant to a contract with a 2(a)(2)(B) were purposes specified in subsection, the term ‘‘outreach and enrollment health insurance issuer that— section (b)(2)(A) of such section 1303. activities’’ means— ‘‘(A) has a specified, limited duration not (i) activities to educate consumers about to exceed 93 days after the original effective SA 2223. Mr. MCCONNELL (for Mr. coverage options or to encourage consumers date of the contract, except that the health HOEVEN) proposed an amendment to to enroll in or maintain health insurance plan may permit coverage to continue until the bill S. 607, to establish a business coverage (excluding allocations to the call the end of the period of hospitalization for a center for the Federal Exchange); and condition for which the covered person was incubators program within the Depart- (ii) activities conducted by an in-person hospitalized on the day that coverage would ment of the Interior to promote eco- consumer assistance program that does not otherwise have ended; nomic development in Indian reserva- have a conflict of interest and that, among ‘‘(B) is non-renewable and issued only to tion communities; as follows: other activities, facilitates enrollment of in- individuals who have not been covered under Strike all after the enacting clause and individuals through the Federal Exchange, and a short-term limited duration insurance pol- sert the following: distributes fair and impartial information icy from any health insurance issuer within SECTION 1. SHORT TITLE. concerning enrollment through such Ex- the prior 12 months; change and the availability of tax credits ‘‘(C) displays prominently in marketing This Act may be cited as the ‘‘Native and cost-sharing reductions. materials, the contract, and in any applica- American Business Incubators Program (B) CONNECTION WITH FEDERAL EXCHANGE.— tion materials provided in connection with Act’’. Activities conducted under this subsection enrollment in such insurance a notice to SEC. 2. FINDINGS. shall be in connection with the operation of consumers that includes such information Congress finds that— the Federal Exchange, to provide special which the State insurance commissioner (1) entrepreneurs face specific challenges benefits to health insurance issuers partici- deems sufficient to inform the individual when transforming ideas into profitable busi- pating in the Federal Exchange. that coverage and benefits are limited; ness enterprises;

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.066 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1964 CONGRESSIONAL RECORD — SENATE March 22, 2018 (2) entrepreneurs that want to provide ergy and Economic Development under (iv) a detailed breakdown of the services, if products and services in reservation commu- which the Secretary shall provide financial any, to be offered to Native businesses and nities face an additional set of challenges assistance in the form of competitive grants Native entrepreneurs not participating in that requires special knowledge; to eligible applicants for the establishment the business incubator; (3) a business incubator is an organization and operation of business incubators that (D) information demonstrating the effec- that assists entrepreneurs in navigating observe reservation communities by providing tiveness and experience of the eligible appli- stacles that prevent innovative ideas from business incubation and other business serv- cant in— becoming viable businesses by providing ices to Native businesses and Native entre- (i) conducting financial, management, and services that include— preneurs. marketing assistance programs designed to (A) workspace and facilities resources; (b) ELIGIBLE APPLICANTS.— educate or improve the business skills of cur- (B) access to capital, business education, (1) IN GENERAL.—To be eligible to receive a rent or prospective businesses; and counseling; grant under the program, an applicant (ii) working in and providing services to (C) networking opportunities; shall— Native American communities; (D) mentorship opportunities; and (A) be— (iii) providing assistance to entities con- (E) an environment intended to help estab- (i) an Indian tribe; ducting business in reservation commu- lish and expand business operations; (ii) a tribal college or university; nities; (4) the business incubator model is suited (iii) an institution of higher education; or (iv) providing technical assistance under to accelerating entrepreneurship in reserva- (iv) a private nonprofit organization or Federal business and entrepreneurial devel- tion communities because the business incu- tribal nonprofit organization that— opment programs for which Native busi- bator model promotes collaboration to ad- (I) provides business and financial tech- nesses and Native entrepreneurs are eligible; dress shared challenges and provides individ- nical assistance; and and ually tailored services for the purpose of (II) will commit to serving 1 or more res- (v) managing finances and staff effectively; overcoming obstacles unique to each partici- ervation communities; and pating business; and (B) be able to provide the physical work- (E) a site description of the location at (5) business incubators will stimulate eco- space, equipment, and connectivity nec- which the eligible applicant will provide nomic development by providing Native en- essary for Native businesses and Native en- physical workspace, including a description trepreneurs with the tools necessary to grow trepreneurs to collaborate and conduct busi- of the technologies, equipment, and other re- businesses that offer products and services to ness on a local, regional, national, and inter- sources that will be available to Native busi- reservation communities. national level; and nesses and Native entrepreneurs partici- SEC. 3. DEFINITIONS. (C) in the case of an entity described in pating in the business incubator. In this Act: clauses (ii) through (iv) of subparagraph (A), (2) EVALUATION CONSIDERATIONS.— (1) BUSINESS INCUBATOR.—The term ‘‘busi- have been operational for not less than 1 (A) IN GENERAL.—In evaluating each appli- ness incubator’’ means an organization year before receiving a grant under the pro- cation, the Secretary shall consider— that— gram. (i) the ability of the eligible applicant— (A) provides physical workspace and facili- (2) JOINT PROJECT.— (I) to operate a business incubator that ef- ties resources to startups and established (A) IN GENERAL.—Two or more entities may fectively imparts entrepreneurship and busi- businesses; and submit a joint application for a project that ness skills to Native businesses and Native (B) is designed to accelerate the growth combines the resources and expertise of entrepreneurs, as demonstrated by the expe- and success of businesses through a variety those entities at a physical location dedi- rience and qualifications of the eligible ap- of business support resources and services, cated to assisting Native businesses and Na- plicant; including— tive entrepreneurs under the program. (II) to commence providing services within (i) access to capital, business education, (B) CONTENTS.—A joint application sub- a minimum period of time, to be determined and counseling; mitted under subparagraph (A) shall— by the Secretary; and (ii) networking opportunities; (i) contain a certification that each partic- (III) to provide quality incubation services (iii) mentorship opportunities; and ipant of the joint project is one of the eligi- to a significant number of Native businesses (iv) other services intended to aid in devel- ble entities described in paragraph (1)(A); and Native entrepreneurs; oping a business. and (ii) the experience of the eligible applicant (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- (ii) demonstrate that together the partici- in providing services in Native American ble applicant’’ means an applicant eligible to pants meet the requirements of subpara- communities, including in the 1 or more res- apply for a grant under section 4(b). graphs (B) and (C) of paragraph (1). ervation communities described in the appli- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (c) APPLICATION AND SELECTION PROCESS.— cation; and has the meaning given the term in section 4 (1) APPLICATION REQUIREMENTS.—Each eli- (iii) the proposed location of the business of the Indian Self-Determination and Edu- gible applicant desiring a grant under the incubator. cation Assistance Act (25 U.S.C. 5304). program shall submit to the Secretary an ap- (B) PRIORITY.— (4) INSTITUTION OF HIGHER EDUCATION.—The plication at such time, in such manner, and (i) IN GENERAL.—In evaluating the proposed term ‘‘institution of higher education’’ has containing such information as the Sec- location of the business incubator under sub- the meaning given the term in section 101 of retary may require, including— paragraph (A)(iii), the Secretary shall— the Higher Education Act of 1965 (20 U.S.C. (A) a certification that the applicant— (I) consider the program goal of achieving 1001). (i) is an eligible applicant; broad geographic distribution of business in- (5) NATIVE AMERICAN; NATIVE.—The terms (ii) will designate an executive director or cubators; and ‘‘Native American’’ and ‘‘Native’’ have the program manager, if such director or man- (II) except as provided in clause (ii), give meaning given the term ‘‘Indian’’ in section ager has not been designated, to manage the priority to eligible applicants that will pro- 4 of the Indian Self-Determination and Edu- business incubator; and vide business incubation services on or near cation Assistance Act (25 U.S.C. 5304). (iii) agrees— the reservation of the 1 or more communities (6) NATIVE BUSINESS.—The term ‘‘Native (I) to a site evaluation by the Secretary as that were described in the application. business’’ means a business concern that is part of the final selection process; (ii) EXCEPTION.—The Secretary may give at least 51-percent owned and controlled by 1 (II) to an annual programmatic and finan- priority to an eligible applicant that is not or more Native Americans. cial examination for the duration of the located on or near the reservation of the 1 or (7) NATIVE ENTREPRENEUR.—The term ‘‘Na- grant; and more communities that were described in the tive entrepreneur’’ means an entrepreneur (III) to the maximum extent practicable, application if the Secretary determines who is a Native American. to remedy any problems identified pursuant that— (8) PROGRAM.—The term ‘‘program’’ means to the site evaluation under subclause (I) or (I) the location of the business incubator the program established under section 4(a). an examination under subclause (II); will not prevent the eligible applicant from (9) RESERVATION.—The term ‘‘reservation’’ (B) a description of the 1 or more reserva- providing quality business incubation serv- has the meaning given the term in section 3 tion communities to be served by the busi- ices to Native businesses and Native entre- of the Indian Financing Act of 1974 (25 U.S.C. ness incubator; preneurs from the 1 or more reservation 1452). (C) a 3-year plan that describes— communities to be served; and (10) SECRETARY.—The term ‘‘Secretary’’ (i) the number of Native businesses and Na- (II) siting the business incubator in the means the Secretary of the Interior. tive entrepreneurs to be participating in the identified location will serve the interests of (11) TRIBAL COLLEGE OR UNIVERSITY.—The business incubator; the 1 or more reservation communities to be term ‘‘tribal college or university’’ has the (ii) whether the business incubator will served. meaning given the term ‘‘Tribal College or focus on a particular type of business or in- (3) SITE EVALUATION.— University’’ in section 316(b) of the Higher dustry; (A) IN GENERAL.—Before making a grant to Education Act of 1965 (20 U.S.C. 1059c(b)). (iii) a detailed breakdown of the services to an eligible applicant, the Secretary shall SEC. 4. ESTABLISHMENT OF PROGRAM. be offered to Native businesses and Native conduct a site visit, evaluate a video submis- (a) IN GENERAL.—The Secretary shall es- entrepreneurs participating in the business sion, or evaluate a written site proposal (if tablish a program in the Office of Indian En- incubator; and the applicant is not yet in possession of the

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.067 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1965

site) of the proposed site to ensure the pro- (e) PROGRAM REQUIREMENTS.— ration of the grant, each eligible applicant posed site will permit the eligible applicant (1) USE OF FUNDS.—An eligible applicant re- receiving an award under the program shall to meet the requirements of the program. ceiving a grant under the program may use submit to the Secretary a report describing (B) WRITTEN SITE PROPOSAL.—A written grant amounts— the services the eligible applicant provided site proposal shall meet the requirements de- (A) to provide physical workspace and fa- under the program during the preceding scribed in paragraph (1)(E) and contain— cilities for Native businesses and Native en- year. (i) sufficient detail for the Secretary to entrepreneurs participating in the business in- (B) REPORT CONTENT.—The report described sure in the absence of a site visit or video cubator; in subparagraph (A) shall include— submission that the proposed site will per- (B) to establish partnerships with other in- (i) a detailed breakdown of the Native busi- mit the eligible applicant to meet the re- stitutions and entities to provide com- nesses and Native entrepreneurs receiving quirements of the program; and prehensive business incubation services to services from the business incubator, includ- (ii) a timeline describing when the eligible Native businesses and Native entrepreneurs ing, for the year covered by the report— applicant will be— participating in the business incubator; and (I) the number of Native businesses and (I) in possession of the proposed site; and (C) for any other uses typically associated Native entrepreneurs participating in or re- (II) operating the business incubator at the with business incubators that the Secretary ceiving services from the business incubator proposed site. determines to be appropriate and consistent and the types of services provided to those (C) FOLLOWUP.—Not later than 1 year after with the purposes of the program. Native businesses and Native entrepreneurs; awarding a grant to an eligible applicant (2) MINIMUM REQUIREMENTS.—Each eligible (II) the number of Native businesses and that submits an application with a written applicant receiving a grant under the pro- Native entrepreneurs established and jobs site proposal, the Secretary shall conduct a gram shall— created or maintained; and site visit or evaluate a video submission of (A) offer culturally tailored incubation (III) the performance of Native businesses the site to ensure the site is consistent with services to Native businesses and Native en- and Native entrepreneurs while participating the written site proposal. trepreneurs; in the business incubator and after gradua- (d) ADMINISTRATION.— (B) use a competitive process for selecting tion or departure from the business incu- (1) DURATION.—Each grant awarded under Native businesses and Native entrepreneurs bator; and the program shall be for a term of 3 years. to participate in the business incubator; (ii) any other information the Secretary (2) PAYMENT.— (C) provide physical workspace that per- may require to evaluate the performance of (A) IN GENERAL.—Except as provided in mits Native businesses and Native entre- a business incubator to ensure appropriate subparagraph (B), the Secretary shall dis- preneurs to conduct business and collaborate implementation of the program. burse grant funds awarded to an eligible ap- with other Native businesses and Native en- (C) LIMITATIONS.—To the maximum extent plicant in annual installments. trepreneurs; practicable, the Secretary shall not require (B) MORE FREQUENT DISBURSEMENTS.—On (D) provide entrepreneurship and business an eligible applicant to report under sub- request by the applicant, the Secretary may skills training and education to Native busi- paragraph (A) information provided to the make disbursements of grant funds more fre- nesses and Native entrepreneurs including— Secretary by the eligible applicant under quently than annually, on the condition that (i) financial education, including training other programs. disbursements shall be made not more fre- and counseling in— (D) COORDINATION.—The Secretary shall co- quently than quarterly. (I) applying for and securing business cred- ordinate with the heads of other Federal (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL it and investment capital; agencies to ensure that, to the maximum ex- ASSISTANCE.— (II) preparing and presenting financial tent practicable, the report content and form (A) IN GENERAL.—Except as provided in statements; and under subparagraphs (A) and (B) are con- subparagraph (B), an eligible applicant that (III) managing cash flow and other finan- sistent with other reporting requirements receives a grant under the program shall pro- cial operations of a business; for Federal programs that provide business vide non-Federal contributions in an amount (ii) management education, including and entrepreneurial assistance. equal to not less than 25 percent of the grant training and counseling in planning, organi- (3) REPORT TO CONGRESS.— amount disbursed each year. zation, staffing, directing, and controlling (A) IN GENERAL.—Not later than 2 years (B) WAIVER.—The Secretary may waive, in each major activity or function of a business whole or in part, the requirements of sub- or startup; and after the date on which the Secretary first paragraph (A) with respect to an eligible ap- (iii) marketing education, including train- awards funding under the program, and bien- plicant if, after considering the ability of the ing and counseling in— nially thereafter, the Secretary shall submit eligible applicant to provide non-Federal (I) identifying and segmenting domestic to the Committee on Indian Affairs of the contributions, the Secretary determines and international market opportunities; Senate and the Committee on Natural Re- that— (II) preparing and executing marketing sources of the House of Representatives a re- (i) the proposed business incubator will plans; port on the performance and effectiveness of provide quality business incubation services; (III) locating contract opportunities; the program. and (IV) negotiating contracts; and (B) CONTENTS.—Each report submitted (ii) the 1 or more reservation communities (V) using varying public relations and ad- under subparagraph (A) shall— to be served are unlikely to receive similar vertising techniques; (i) account for each program year; and services because of remoteness or other rea- (E) provide direct mentorship or assistance (ii) include with respect to each business sons that inhibit the provision of business finding mentors in the industry in which the incubator receiving grant funds under the and entrepreneurial development services. Native business or Native entrepreneur oper- program— (4) RENEWALS.— ates or intends to operate; and (I) the number of Native businesses and (A) IN GENERAL.—The Secretary may renew (F) provide access to networks of potential Native entrepreneurs that received business a grant award under the program for a term investors, professionals in the same or simi- incubation or other services; not to exceed 3 years. lar fields, and other business owners with (II) the number of businesses established (B) CONSIDERATIONS.—In determining similar businesses. with the assistance of the business incu- whether to renew a grant award, the Sec- (3) TECHNOLOGY.—Each eligible applicant bator; retary shall consider with respect to the eli- shall leverage technology to the maximum (III) the number of jobs established or gible applicant— extent practicable to provide Native busi- maintained by Native businesses and Native (i) the results of the annual evaluations of nesses and Native entrepreneurs with access entrepreneurs receiving business incubation the eligible applicant under subsection (f)(1); to the connectivity tools needed to compete services, including a description of where the (ii) the performance of the business incu- and thrive in 21st-century markets. jobs are located with respect to reservation bator of the eligible applicant, as compared (f) OVERSIGHT.— communities; to the performance of other business incuba- (1) ANNUAL EVALUATIONS.—Not later than 1 (IV) to the maximum extent practicable, tors receiving assistance under the program; year after the date on which the Secretary the amount of capital investment and loan (iii) whether the eligible applicant con- awards a grant to an eligible applicant under financing accessed by Native businesses and tinues to be eligible for the program; and the program, and annually thereafter for the Native entrepreneurs receiving business in- (iv) the evaluation considerations for ini- duration of the grant, the Secretary shall cubation services; and tial awards under subsection (c)(2). conduct an evaluation of, and prepare a re- (V) an evaluation of the overall perform- (C) NON-FEDERAL CONTRIBUTIONS FOR RE- port on, the eligible applicant, which shall— ance of the business incubator. NEWALS.—An eligible applicant that receives (A) describe the performance of the eligible SEC. 5. REGULATIONS. a grant renewal under subparagraph (A) shall applicant; and Not later than 180 days after the date of provide non-Federal contributions in an (B) be used in determining the ongoing eli- enactment of this Act, the Secretary shall amount equal to not less than 33 percent of gibility of the eligible applicant. promulgate regulations to implement the the total amount of the grant. (2) ANNUAL REPORT.— program. (5) NO DUPLICATIVE GRANTS.—An eligible (A) IN GENERAL.—Not later than 1 year SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPE- applicant shall not be awarded a grant under after the date on which the Secretary awards LINE. the program that is duplicative of existing a grant to an eligible applicant under the The Secretary shall facilitate the estab- Federal funding from another source. program, and annually thereafter for the du- lishment of relationships between eligible

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.067 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1966 CONGRESSIONAL RECORD — SENATE March 22, 2018 applicants receiving funds through the pro- empt bond financing and loan guarantees, (B) in paragraph (2), in the first sentence, gram and educational institutions serving are tools that help improve or replace crum- by striking ‘‘(referred to in this Act as the Native American communities, including bling infrastructure; ‘Director’)’’; and tribal colleges and universities. (B) lack of parity in treatment of an Indian (2) by adding at the end the following: SEC. 7. AGENCY PARTNERSHIPS. tribe as a governmental entity under Federal ‘‘(c) DUTIES OF DIRECTOR.— The Secretary shall coordinate with the tax and certain other regulatory laws im- ‘‘(1) IN GENERAL.—The Director shall serve Secretary of Agriculture, the Secretary of pedes, in part, the ability of Indian tribes to as— Commerce, the Secretary of the Treasury, raise capital through issuance of tax exempt ‘‘(A) the program and policy advisor to the and the Administrator of the Small Business debt, invest as an accredited investor, and Secretary with respect to the trust and gov- Administration to ensure, to the maximum benefit from other investment incentives ac- ernmental relationship between the United extent practicable, that business incubators corded to State and local governmental enti- States and Indian tribes; and receiving grant funds under the program ties; and ‘‘(B) the point of contact for Indian tribes, tribal organizations, and Indians regarding— have the information and materials needed (C) as a result of the disparity in treat- ‘‘(i) policies and programs of the Depart- to provide Native businesses and Native en- ment of Indian tribes described in subpara- ment of Commerce; and trepreneurs with the information and assist- graph (B), investors may avoid financing, or ‘‘(ii) other matters relating to economic ance necessary to apply for business and en- demand a premium to finance, projects in In- development and doing business in Indian trepreneurial development programs admin- dian communities, making the projects more lands. istered by the Department of Agriculture, costly or inaccessible; ‘‘(2) DEPARTMENTAL COORDINATION.—The the Department of Commerce, the Depart- (7) there are a number of Federal loan Director shall coordinate with all offices and ment of the Treasury, and the Small Busi- guarantee programs available to facilitate fi- agencies within the Department of Com- ness Administration. nancing of business, energy, economic, housing, and community development projects in merce to ensure that each office and agency SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. has an accountable process to ensure— There are authorized to be appropriated to Indian communities, and those programs may support public-private partnerships for ‘‘(A) meaningful and timely coordination carry out the program $5,000,000 for each of and assistance, as required by this Act; and fiscal years 2019 through 2023. infrastructure development, but improvements and support are needed for those pro- ‘‘(B) consultation with Indian tribes re- grams specific to Indian communities to fa- garding the policies, programs, assistance, SA 2224. Mr. MCCONNELL (for Mr. cilitate more effectively private financing and activities of the offices and agencies. HOEVEN) proposed an amendment to for infrastructure and other urgent develop- ‘‘(3) OFFICE OPERATIONS.—There are author- the bill S. 1116, to amend the Native ment needs; and ized to be appropriated to carry out this sec- American Business Development, (8)(A) most real property held by Indian tion not more than $2,000,000 for each fiscal Trade Promotion, and Tourism Act of tribes is trust or restricted land that essen- year.’’. (d) INDIAN COMMUNITY DEVELOPMENT INITIA- 2000, the Buy Indian Act, and the Na- tially cannot be held as collateral; and TIVES.—The Native American Business De- (B) while creative solutions, such as lease- tive American Programs Act of 1974 to velopment, Trade Promotion, and Tourism provide industry and economic devel- hold mortgages, have been developed in re- Act of 2000 is amended— opment opportunities to Indian com- sponse to the problem identified in subpara- (1) by redesignating section 8 (25 U.S.C. graph (A), some solutions remain subject to 4307) as section 10; and munities; as follows: review and approval by the Bureau of Indian Strike all after the enacting clause and in- (2) by inserting after section 7 (25 U.S.C. Affairs, adding additional costs and delay to 4306) the following: sert the following: tribal projects. ‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INI- SECTION 1. SHORT TITLE. SEC. 3. NATIVE AMERICAN BUSINESS DEVELOP- TIATIVES. This Act may be cited as the ‘‘Indian Com- MENT, TRADE PROMOTION, AND ‘‘(a) INTERAGENCY COORDINATION.—Not munity Economic Enhancement Act of 2018’’. TOURISM ACT OF 2000. later than 1 year after the enactment of this SEC. 2. FINDINGS. (a) FINDINGS; PURPOSES.—Section 2 of the section, the Secretary, the Secretary of the Congress finds that— Native American Business Development, Interior, and the Secretary of the Treasury (1)(A) to bring industry and economic de- Trade Promotion, and Tourism Act of 2000 shall coordinate— velopment to Indian communities, Indian (25 U.S.C. 4301) is amended by adding at the ‘‘(1) to develop initiatives that— tribes must overcome a number of barriers, end the following: ‘‘(A) encourage, promote, and provide edu- including— ‘‘(c) APPLICABILITY TO INDIAN-OWNED BUSI- cation regarding investments in Indian com- (i) geographical location; NESSES.—The findings and purposes in sub- munities through— (ii) lack of infrastructure or capacity; sections (a) and (b) shall apply to any Indian- ‘‘(i) the loan guarantee program of Bureau (iii) lack of sufficient collateral and cap- owned business governed— of Indian Affairs under section 201 of the In- ital; and ‘‘(1) by tribal laws regulating trade or com- dian Financing Act of 1974 (25 U.S.C. 1481); (iv) regulatory bureaucracy relating to— merce on Indian lands; or ‘‘(ii) programs carried out using amounts (I) development; and ‘‘(2) pursuant to section 5 of the Act of Au- in the Community Development Financial (II) access to services provided by the Fed- gust 15, 1876 (19 Stat. 200, chapter 289; 25 Institutions Fund established under section eral Government; and U.S.C. 261).’’. 104(a) of the Community Development Bank- (B) the barriers described in subparagraph (b) DEFINITIONS.—Section 3 of the Native ing and Financial Institutions Act of 1994 (12 (A) often add to the cost of doing business in American Business Development, Trade Pro- U.S.C. 4703(a)); and Indian communities; motion, and Tourism Act of 2000 (25 U.S.C. ‘‘(iii) other capital development programs; (2) Indian tribes— 4302) is amended— ‘‘(B) examine and develop alternatives that (A) enact laws and exercise sovereign gov- (1) by redesignating paragraphs (1) through would qualify as collateral for financing in ernmental powers; (6) and paragraphs (7) through (9), as para- Indian communities; and (B) determine policy for the benefit of trib- graphs (2) through (7) and paragraphs (9) ‘‘(C) provide entrepreneur and other train- al members; and through (11), respectively; ing relating to economic development (C) produce goods and services for con- (2) by inserting before paragraph (2) (as re- through tribally controlled colleges and uni- sumers; designated by paragraph (1)) the following: versities and other Indian organizations with (3) the Federal Government has— ‘‘(1) DIRECTOR.—The term ‘Director’ means experience in providing such training; (A) an important government-to-govern- the Director of Native American Business ‘‘(2) to consult with Indian tribes and with ment relationship with Indian tribes; and Development appointed pursuant to section the Securities and Exchange Commission to (B) a role in facilitating healthy and sus- 4(a)(2).’’; and study, and collaborate to establish, regu- tainable tribal economies; (3) by inserting after paragraph (7) (as re- latory changes necessary to qualify an In- (4) the input of Indian tribes in developing designated by paragraph (1)) the following: dian tribe as an accredited investor for the Federal policy and programs leads to more ‘‘(8) OFFICE.—The term ‘Office’ means the purposes of sections 230.500 through 230.508 of meaningful and effective measures to assist Office of Native American Business Develop- title 17, Code of Federal Regulations (or suc- Indian tribes and Indian entrepreneurs in ment established by section 4(a)(1).’’. cessor regulations), consistent with the goals building tribal economies; (c) OFFICE OF NATIVE AMERICAN BUSINESS of promoting capital formation and ensuring (5)(A) many components of tribal infra- DEVELOPMENT.—Section 4 of the Native qualifying Indian tribes have the ability to structure need significant repair or replace- American Business Development, Trade Pro- withstand investment loss, on a basis comment; and motion, and Tourism Act of 2000 (25 U.S.C. parable to other legal entities that qualify as (B) access to private capital for projects in 4303) is amended— accredited investors who are not natural per- Indian communities— (1) in subsection (a)— sons; (i) may not be available; or (A) in paragraph (1)— ‘‘(3) to identify regulatory, legal, or other (ii) may come at a higher cost than such (i) by striking ‘‘Department of Commerce’’ barriers to increasing investment, business, access for other projects; and inserting ‘‘Office of the Secretary’’; and and economic development, including quali- (6)(A) Federal capital improvement pro- (ii) by striking ‘‘(referred to in this Act as fying or approving collateral structures, grams, such as those that facilitate tax-ex- the ‘Office’)’’; and measurements of economic strength, and

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.067 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1967 contributions of Indian economies in Indian each of the following tax incentive pro- ice to aggregate data regarding compliance communities through the Authority estab- grams: with this section; lished under section 4 of the Indian Tribal ‘‘(i) New market tax credit. ‘‘(5) require procurement management re- Regulatory Reform and Business Develop- ‘‘(ii) Low income housing tax credit. views by their respective Departments to in- ment Act of 2000 (25 U.S.C. 4301 note); ‘‘(iii) Investment tax credit. clude a review of the implementation of this ‘‘(4) to ensure consultation with Indian ‘‘(iv) Renewable energy tax incentives. section; and tribes regarding increasing investment in In- ‘‘(v) Accelerated depreciation. ‘‘(6) consult with Indian tribes, Indian indian communities and the development of ‘‘(D) TRIBAL INVESTMENT INCENTIVE.—The dustrial entities, and other stakeholders re- the report required in paragraph (5); and study shall assess various alternative incen- garding methods to facilitate compliance ‘‘(5) not less than once every 2 years, to tives that could be provided to enable and with— provide a report to Congress regarding— encourage tribal governments to invest in an ‘‘(A) this section; and ‘‘(A) improvements to Indian communities Indian community development investment ‘‘(B) other small business or procurement resulting from such initiatives and rec- fund or bank.’’. goals. ommendations for promoting sustained SEC. 4. BUY INDIAN ACT. ‘‘(d) REPORT.— growth of the tribal economies; Section 23 of the Act of June 25, 1910 (com- ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(B) results of the study and collaboration monly known as the ‘‘Buy Indian Act’’) (36 after the date of enactment of this sub- regarding the necessary changes referenced Stat. 861, chapter 431; 25 U.S.C. 47), is amend- section, and not less frequently than once in paragraph (2) and the impact of allowing ed to read as follows: every 2 years thereafter, each of the Secre- Indian tribes to qualify as an accredited in- taries shall submit to the Committee on In- vestor; and ‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND dian Affairs of the Senate and the Com- ‘‘(C) the identified regulatory, legal, and PURCHASE OF PRODUCTS OF IN- DIAN INDUSTRY; PARTICIPATION IN mittee on Natural Resources of the House of other barriers referenced in paragraph (3). MENTOR-PROTEGE PROGRAM. Representatives a report describing, during ‘‘(b) WAIVER.—For assistance provided pursuant to section 108 of the Community De- ‘‘(a) DEFINITIONS.—In this section: the period covered by the report, the imple- velopment Banking and Financial Institu- ‘‘(1) INDIAN ECONOMIC ENTERPRISE.—The mentation of this section by each of the re- tions Act of 1994 (12 U.S.C. 4707) to benefit term ‘Indian economic enterprise’ has the spective Secretaries. Native Community Development Financial meaning given the term in section 1480.201 of ‘‘(2) CONTENTS.—Each report under this Institutions, as defined by the Secretary of title 48, Code of Federal Regulations (or suc- subsection shall include, for each fiscal year the Treasury, section 108(e) of such Act shall cessor regulations). during the period covered by the report— not apply. ‘‘(2) MENTOR FIRM; PROTEGE FIRM.—The ‘‘(A) the names of each agency under the ‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASI- terms ‘mentor firm’ and ‘protege firm’ have respective jurisdiction of each of the Secre- BILITY STUDY.— the meanings given those terms in section taries to which this section has been applied, ‘‘(1) IN GENERAL.—The Government Ac- 831(c) of the National Defense Authorization and efforts made by additional agencies countability Office shall conduct a study Act for Fiscal Year 1991 (10 U.S.C. 2302 note; within the Secretaries’ respective Depart- and, not later than 18 months after the date Public Law 101–510). ments to use the procurement procedures of enactment of this subsection, submit to ‘‘(3) SECRETARIES.—The term ‘Secretaries’ under this Act; the Committee on Indian Affairs of the Sen- means— ‘‘(B) a summary of the types of purchases ate and the Committee on Natural Resources ‘‘(A) the Secretary of the Interior; and made from, and contracts (including any rel- of the House of Representatives a report on ‘‘(B) the Secretary of Health and Human evant modifications, extensions, or renewals) the findings of the study and recommenda- Services. awarded to, Indian economic enterprises, ex- tions. ‘‘(b) ENTERPRISE DEVELOPMENT.— pressed by agency region; ‘‘(2) CONTENTS.—The study shall include an ‘‘(1) IN GENERAL.—Unless determined by ‘‘(C) a description of the percentage in- assessment of each of the following: one of the Secretaries to be impracticable crease or decrease in total dollar value and ‘‘(A) IN GENERAL.—The study shall assess and unreasonable— number of purchases and awards made with- current Federal capitalization and related ‘‘(A) Indian labor shall be employed; and in each agency region, as compared to the programs and services that are available to ‘‘(B) purchases of Indian industry products totals of the region for the preceding fiscal assist Indian communities with business and (including printing and facilities construc- year; economic development, including manufac- tion, notwithstanding any other provision of ‘‘(D) a description of the methods used by turing, physical infrastructure (such as tele- law) may be made in open market by the applicable contracting officers and employ- communications and broadband), community Secretaries. ees to conduct market searches to identify development, and facilities construction for ‘‘(2) MENTOR-PROTEGE PROGRAM.— qualified Indian economic enterprises; such purposes. For each of the Federal pro- ‘‘(A) IN GENERAL.—Participation in the ‘‘(E) a summary of all deviations granted grams and services identified, the study shall Mentor-Protege Program established under under section 1480.403 of title 48, Code of Fed- assess the current use and demand by Indian section 831(a) of the National Defense Au- eral Regulations (or successor regulations), tribes, individuals, businesses, and commu- thorization Act for Fiscal Year 1991 (10 including a description of— nities of the programs, the capital needs of U.S.C. 2302 note; Public Law 101–510) or re- ‘‘(i) the types of alternative procurement Indian tribes, businesses, and communities ceipt of assistance under a developmental as- methods used, including any Indian owned related to economic development, and the sistance agreement under that program shall businesses reported under other procurement extent that similar programs have been used not render any individual or entity involved goals; and to assist non-Indian communities compared in the provision of Indian labor or an Indian ‘‘(ii) the dollar value of any awards made to the extent used for Indian communities. industry product ineligible to receive assist- pursuant to those deviations; ‘‘(B) FINANCING ASSISTANCE.—The study ance under this section. ‘‘(F) a summary of all determinations shall assess and quantify the extent of as- ‘‘(B) TREATMENT.—For purposes of this sec- made to provide awards to Indian economic sistance provided to non-Indian borrowers tion, no determination of affiliation or con- enterprises, including a description of the and to Indian (both tribal and individual) trol (whether direct or indirect) may be dollar value of the awards; borrowers (including information about such found between a protege firm and a mentor ‘‘(G) a description or summary of the total assistance as a percentage of need for Indian firm on the basis that the mentor firm has number and value of all purchases of, and borrowers and for non-Indian borrowers, as- provided, or agreed to provide, to the protege contracts awarded for, supplies, services, and sistance to Indian borrowers and to non-In- firm, pursuant to a mentor-protege agree- construction (including the percentage indian borrowers as a percentage of total appli- ment, any form of developmental assistance crease or decrease, as compared to the pre- cants, and such assistance to Indian bor- described in section 831(f) of the National De- ceding fiscal year) from— rowers as individuals as compared to such fense Authorization Act for Fiscal Year 1991 ‘‘(i) Indian economic enterprises; and assistance to Indian tribes) through the loan (10 U.S.C. 2302 note; Public Law 101–510). ‘‘(ii) non-Indian economic enterprises; programs, the loan guarantee programs, or ‘‘(c) IMPLEMENTATION.—In carrying out this ‘‘(H) any administrative, procedural, legal, bond guarantee programs of the— section, the Secretaries shall— or other barriers to achieving the purposes of ‘‘(i) Department of the Interior; ‘‘(1) conduct outreach to Indian industrial this section, together with recommendations ‘‘(ii) Department of Agriculture; entities; for legislative or administrative actions to ‘‘(iii) Department of Housing and Urban ‘‘(2) provide training; address those barriers; and Development; ‘‘(3) promulgate regulations in accordance ‘‘(I) for each agency region— ‘‘(iv) Department of Energy; with this section and with the regulations ‘‘(i) the total amount spent on purchases ‘‘(v) Small Business Administration; and under part 1480 of title 48, Code of Federal made from, and contracts awarded to, Indian ‘‘(vi) Community Development Financial Regulations (or successor regulations), to economic enterprises; and Institutions Fund of the Department of the harmonize the procurement procedures of ‘‘(ii) a comparison of the amount described Treasury. the Department of the Interior and the De- in clause (i) to the total amount that the ‘‘(C) TAX INCENTIVES.—The study shall as- partment of Health and Human Services, to agency region would likely have spent on the sess and quantify the extent of the assist- the maximum extent practicable; same purchases made from a non-Indian eco- ance and allocations afforded for non-Indian ‘‘(4) require regional offices of the Bureau nomic enterprise or contracts awarded to a projects and for Indian projects pursuant to of Indian Affairs and the Indian Health Serv- non-Indian economic enterprise.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.068 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1968 CONGRESSIONAL RECORD — SENATE March 22, 2018 ‘‘(e) GOALS.—Each agency shall establish ‘‘Indian tribes, State educational agencies, Senate on Thursday, March 22, 2018, at an annual minimum percentage goal for pro- local educational agencies, and Alaska Na- 10 a.m. to conduct a hearing entitled, curement in compliance with this section.’’. tive organizations’’. ‘‘The President’s 2018 Trade Policy SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF Agenda.’’ 1974. SA 2226. Mr. MCCONNELL (for Mr. COMMITTEE ON THE JUDICIARY (a) FINANCIAL ASSISTANCE FOR NATIVE RISCH) proposed an amendment to the AMERICAN PROJECTS.—Section 803 of the Na- concurrent resolution H. Con. Res. 116, The Committee on the Judiciary is tive American Programs Act of 1974 (42 Official Title Not Available; as follows: authorized to meet during the session U.S.C. 2991b) is amended— At the end add the following: of the Senate on Thursday, March 22, (1) by redesignating subsections (b) ‘‘On page 749, line 12, strike ‘and’ through 2018, at 10 a.m. to conduct a hearing on through (d) as subsections (c) through (e), re- line 14 ‘are’ and insert ‘is’ ’’ the following nominations: John B. spectively; and f Nalbandian, of Kentucky, to be United (2) by inserting after subsection (a) the following: AUTHORITY FOR COMMITTEES TO States Circuit Judge for the Sixth Cir- ‘‘(b) ECONOMIC DEVELOPMENT.— MEET cuit, Kari A. Dooley, to be United States District Judge for the District ‘‘(1) IN GENERAL.—The Commissioner may Mr. SASSE. Mr. President, I have 7 provide assistance under subsection (a) for of Connecticut, Dominic W. Lanza, to projects relating to the purposes of this title requests for committees to meet during be United States District Judge for the to a Native community development finan- today’s session of the Senate. They District of Arizona, Jill Aiko Otake, to cial institution, as defined by the Secretary have the approval of the Majority and be United States District Judge for the of the Treasury. Minority leaders. District of Hawaii, and Thomas T. ‘‘(2) PRIORITY.—With regard to not less Pursuant to rule XXVI, paragraph Cullen, to be United States Attorney than 50 percent of the total amount available 5(a), of the Standing Rules of the Sen- for the Western District of Virginia, for assistance under this section, the Com- ate, the following committees are au- Robert K. Hur, to be United States At- missioner shall give priority to any applica- thorized to meet during today’s session torney for the District of Maryland, tion seeking assistance for— of the Senate: ‘‘(A) the development of a tribal code or and David C. Joseph, to )e United court system for purposes of economic devel- COMMITTEE ON ARMED SERVICES States Attorney for the Western Dis- The Committee on Armed Services is opment, including commercial codes, train- trict of Louisiana, all of the Depart- authorized to meet during the session ing for court personnel, regulation pursuant ment of Justice. to section 5 of the Act of August 15, 1876 (19 of the Senate on Thursday, March 22, Stat. 200, chapter 289; 25 U.S.C. 261), and the 2018, at 10 a.m. to conduct a hearing. SELECT COMMITTEE ON INTELLIGENCE The Select Committee on Intel- development of nonprofit subsidiaries or COMMITTEE ON BANKING, HOUSING, AND URBAN other tribal business structures; AFFAIRS ligence is authorized to meet during ‘‘(B) the development of a community de- The Committee on Banking, Housing, the session of the Senate on Thursday, velopment financial institution, including and Urban Affairs is authorized to March 22, 2018, at 2 p.m. to conduct a training and administrative expenses; or closed hearing. ‘‘(C) the development of a tribal master meet during the session of the Senate plan for community and economic develop- on Thursday, March 22, 2018, at 10 a.m. f ment and infrastructure.’’. to conduct a hearing entitled ‘‘Over- PRIVILEGES OF THE FLOOR (b) TECHNICAL ASSISTANCE AND TRAINING.— sight of HUD.’’ Section 804 of the Native American Pro- Mr. CASEY. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL unanimous consent that Liz Weintraub grams Act of 1974 (42 U.S.C. 2991c) is amend- RESOURCES ed— The Committee on Energy and Nat- of my staff be granted floor privileges (1) in the matter preceding paragraph (1), ural Resources is authorized to meet for the duration of today’s proceedings. by striking ‘‘The Commissioner’’ and insert- The PRESIDING OFFICER. Without during the session of the Senate on ing the following: objection, it is so ordered. ‘‘(a) IN GENERAL.—The Commissioner’’; and Thursday, March 22, 2018, at 10 a.m. to (2) by adding at the end the following: conduct a hearing on the following f ‘‘(b) PRIORITY.—In providing assistance nominations: Theodore J. Garrish, of AMBER ALERT IN INDIAN under subsection (a), the Commissioner shall Maryland, to be an Assistant Secretary COUNTRY ACT OF 2017 give priority to any application described in (International Affairs), and James Ed- Mr. MCCONNELL. Mr. President, I section 803(b)(2).’’. ward Campos, of Nevada, to be Director (c) AUTHORIZATION OF APPROPRIATIONS.— ask that the Chair lay before the Sen- Section 816 of the Native American Pro- of the Office of Minority Economic Im- ate the message to accompany S. 772. grams Act of 1974 (42 U.S.C. 2992d) is amend- pact, both of the Department of En- The Presiding Officer laid before the ed— ergy, and James Reilly, of Colorado, to Senate the following message from the (1) by striking ‘‘803(d)’’ each place it ap- be Director of the United States Geo- House of Representatives: pears and inserting ‘‘803(e)’’; and logical Survey, Department of the Inte- Resolved, That the bill from the Senate (S. (2) in subsection (a)— rior; to be immediately followed by a (A) by striking ‘‘such sums as may be nec- 772) entitled ‘‘An Act to amend the PRO- hearing to examine S. 2539, to amend TECT Act to make Indian tribes eligible for essary’’ and inserting ‘‘$34,000,000’’; and the Energy and Water Development (B) by striking ‘‘1999, 2000, 2001, and 2002’’ AMBER Alert grants.’’, do pass with an and inserting ‘‘2019 through 2023’’. and Related Agencies Appropriations amendment. Act, 2015, to reauthorize certain Mr. MCCONNELL. I move to concur SA 2225. Mr. MCCONNELL (for Mr. projects to increase Colorado River in the House amendment, and I ask LANKFORD) proposed an amendment to System water, S. 2560, to authorize the unanimous consent that the motion be the bill S. 943, to direct the Secretary Secretary of the Interior to establish a agreed to and the motion to reconsider of the Interior to conduct an accurate program to facilitate the transfer to be considered made and laid upon the comprehensive student count for the non-Federal ownership of appropriate table. purposes of calculating formula alloca- reclamation projects or facilities, and The PRESIDING OFFICER. Without tions for programs under the Johnson- S. 2563, to improve the water supply objection, it is so ordered. O’Malley Act, and for other purposes; and drought resilience of the United f as follows: States. COMMITTEE ON ENERGY AND NATURAL PROVIDING FOR THE CONVEYANCE On page 27, strike lines 11 through 17. OF CERTAIN PROPERTY TO THE On page 27, line 18, strike ‘‘(2)’’ and insert RESOURCES ‘‘(1)’’. The Committee on Energy and Nat- TANANA TRIBAL COUNCIL AND On page 28, line 7, strike ‘‘(3)’’ and insert ural Resources is authorized to meet TO THE BRISTOL BAY AREA ‘‘(2)’’. during the session of the Senate on HEALTH CORPORATION On page 29, lines 5 and 6, strike ‘‘and local Thursday, March 22, 2018, at 10 a.m. to Mr. MCCONNELL. Mr. President, I educational agencies’’ and insert ‘‘, local conduct a hearing entitled ‘‘2018 West- ask unanimous consent that the Sen- educational agencies, and Alaska Native organizations’’. ern Water Supply Outlook.’’ ate proceed to the immediate consider- On page 29, lines 8 through 10, strike ‘‘In- COMMITTEE ON FINANCE ation of Calendar No. 24, S. 269. dian tribes and State educational agencies The Committee on Finance is author- The PRESIDING OFFICER. The and local educational agencies’’ and insert ized to meet during the session of the clerk will report the bill by title.

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.068 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1969 The senior assistant legislative clerk (2) EASEMENT.—The Secretary shall be ac- Compensation, and Liability Act of 1980 (42 read as follows: corded any easement or access to the prop- U.S.C. 9620(h)(3)). A bill (S. 269) to provide for the conveyance erty conveyed under this section as may be f of certain property to the Tanana Tribal reasonably necessary to satisfy any retained Council located in Tanana, Alaska, and to obligation or liability of the Secretary. NATIVE AMERICAN BUSINESS OTICE OF HAZARDOUS SUBSTANCE ACTIV- the Bristol Bay Area Health Corporation lo- (3) N INCUBATORS PROGRAM ACT ITY AND WARRANTY.—In carrying out this sec- cated in Dillingham, Alaska, and for other tion, the Secretary shall comply with sub- Mr. MCCONNELL. Mr. President, I purposes. paragraphs (A) and (B) of section 120(h)(3) of ask unanimous consent that the Sen- There being no objection, the Senate the Comprehensive Environmental Response, ate proceed to the immediate consider- proceeded to consider the bill. Compensation, and Liability Act of 1980 (42 ation of Calendar No. 229, S. 607. Mr. MCCONNELL. I ask unanimous U.S.C. 9620(h)(3)). The PRESIDING OFFICER. The consent that the bill be considered read SEC. 2. CONVEYANCE OF PROPERTY TO THE clerk will report the bill by title. a third time and passed and the motion BRISTOL BAY AREA HEALTH COR- The senior assistant legislative clerk to reconsider be considered made and PORATION. read as follows: laid upon the table. (a) CONVEYANCE OF PROPERTY.— (1) IN GENERAL.—As soon as practicable, A bill (S. 607) to establish a business incu- The PRESIDING OFFICER. Without bators program within the Department of objection, it is so ordered. but not later than 180 days, after the date of enactment of this Act, the Secretary shall the Interior to promote economic develop- The bill (S. 269) was ordered to be en- convey to the Bristol Bay Area Health Cor- ment in Indian reservation communities. grossed for a third reading, was read poration located in Dillingham, Alaska (re- There being no objection, the Senate the third time, and passed, as follows: ferred to in this section as the ‘‘Corpora- proceeded to consider the bill. S. 269 tion’’), all right, title, and interest of the Mr. MCCONNELL. I ask unanimous Be it enacted by the Senate and House of Rep- United States in and to the property de- consent that the Hoeven substitute resentatives of the United States of America in scribed in subsection (b) for use in connection with health and social services pro- amendment at the desk be agreed to Congress assembled, and the bill, as amended, be considered SECTION 1. CONVEYANCE OF PROPERTY TO THE grams. TANANA TRIBAL COUNCIL. (2) EFFECT ON ANY QUITCLAIM DEED.—The read a third time. (a) CONVEYANCE OF PROPERTY.— conveyance by the Secretary of title by war- The PRESIDING OFFICER. Is there (1) IN GENERAL.—As soon as practicable, ranty deed under this subsection shall, on objection? but not later than 180 days, after the date of the effective date of the conveyance, super- Without objection, it is so ordered. enactment of this Act, the Secretary of sede and render of no future effect any quit- The amendment (No. 2223) in the na- Health and Human Services (referred to in claim deed to the property described in sub- ture of a substitute was agreed to. section (b) executed by the Secretary and the this Act as the ‘‘Secretary’’) shall convey to (The amendment is printed in today’s the Tanana Tribal Council located in Corporation. RECORD under ‘‘Text of Amendments.’’) Tanana, Alaska (referred to in this section (3) CONDITIONS.—The conveyance of the as the ‘‘Council’’), all right, title, and inter- property under this section— The bill was ordered to be engrossed est of the United States in and to the prop- (A) shall be made by warranty deed; and for a third reading and was read the erty described in subsection (b) for use in (B) shall not— third time. connection with health and social services (i) require any consideration from the Cor- Mr. MCCONNELL. I know of no fur- programs. poration for the property; ther debate on the bill. (2) EFFECT ON ANY QUITCLAIM DEED.—The (ii) impose any obligation, term, or condi- The PRESIDING OFFICER. Is there conveyance by the Secretary of title by war- tion on the Corporation; or (iii) allow for any reversionary interest of any further debate? ranty deed under this subsection shall, on If not, the bill having been read the the effective date of the conveyance, super- the United States in the property. sede and render of no future effect any quit- (b) PROPERTY DESCRIBED.—The property, third time, the question is, Shall the claim deed to the property described in sub- including all land, improvements, and appur- bill pass? section (b) executed by the Secretary and the tenances, described in this subsection is the The bill (S. 607), as amended, was Council. property included in Dental Annex Subdivi- passed. (3) CONDITIONS.—The conveyance of the sion, creating tract 1, a subdivision of Lot 2 Mr. MCCONNELL. I ask unanimous property under this section— of U.S. Survey No. 2013, located in Section consent that the motion to reconsider (A) shall be made by warranty deed; and 36, Township 13 South, Range 56 West, Sew- be considered made and laid upon the ard Meridian, Bristol Bay Recording Dis- (B) shall not— table. (i) require any consideration from the trict, Dillingham, Alaska, according to Plat Council for the property; No. 2015-8, recorded on May 28, 2015, in the The PRESIDING OFFICER. Without (ii) impose any obligation, term, or condi- Bristol Bay Recording District, Dillingham, objection, it is so ordered. tion on the Council; or Alaska, containing 1.474 acres more or less. f (iii) allow for any reversionary interest of (c) ENVIRONMENTAL LIABILITY.— the United States in the property. (1) LIABILITY.— INDIAN COMMUNITY ECONOMIC (b) PROPERTY DESCRIBED.—The property, (A) IN GENERAL.—Notwithstanding any ENHANCEMENT ACT OF 2017 including all land, improvements, and appur- other provision of law, the Corporation shall Mr. MCCONNELL. Mr. President, I tenances, described in this subsection is the not be liable for any soil, surface water, property included in U.S. Survey No. 5958, groundwater, or other contamination result- ask unanimous consent that the Sen- Lot 12, in the village of Tanana, Alaska, ing from the disposal, release, or presence of ate proceed to the immediate consider- within surveyed Township 4N, Range 22W, any environmental contamination on any ation of Calendar No. 248, S. 1116. Fairbanks Meridian, Alaska, containing 11.25 portion of the property described in sub- The PRESIDING OFFICER. The acres. section (b) on or before the date on which the clerk will report the bill by title. (c) ENVIRONMENTAL LIABILITY.— property is conveyed to the Corporation. The senior assistant legislative clerk (1) LIABILITY.— (B) ENVIRONMENTAL CONTAMINATION.—An read as follows: (A) IN GENERAL.—Notwithstanding any environmental contamination described in other provision of law, the Council shall not subparagraph (A) includes any oil or petro- A bill (S. 1116) to amend the Native Amer- be liable for any soil, surface water, ground- leum products, hazardous substances, haz- ican Business Development, Trade Pro- water, or other contamination resulting ardous materials, hazardous waste, pollut- motion, and Tourism Act of 2000, the Buy In- from the disposal, release, or presence of any ants, toxic substances, solid waste, or any dian Act, and the Native American Programs environmental contamination on any por- other environmental contamination or haz- Act of 1974 to provide industry and economic tion of the property described in subsection ard as defined in any Federal or State of development opportunities to Indian commu- (b) on or before the date on which the prop- Alaska law. nities. erty is conveyed to the Council. (2) EASEMENT.—The Secretary shall be ac- There being no objection, the Senate (B) ENVIRONMENTAL CONTAMINATION.—An corded any easement or access to the prop- proceeded to consider the bill, which environmental contamination described in erty conveyed under this section as may be had been reported from the Committee subparagraph (A) includes any oil or petro- reasonably necessary to satisfy any retained on Indian Affairs, with amendments, as leum products, hazardous substances, haz- obligation or liability of the Secretary. follows: ardous materials, hazardous waste, pollut- (3) NOTICE OF HAZARDOUS SUBSTANCE ACTIV- ants, toxic substances, solid waste, or any ITY AND WARRANTY.—In carrying out this sec- (The part of the bill intended to be other environmental contamination or haz- tion, the Secretary shall comply with sub- stricken are shown in boldface brack- ard as defined in any Federal or State of paragraphs (A) and (B) of section 120(h)(3) of ets and the parts of the bill intended to Alaska law. the Comprehensive Environmental Response, be inserted are shown in italic.)

VerDate Sep 11 2014 11:08 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.087 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1970 CONGRESSIONAL RECORD — SENATE March 22, 2018 S. 1116 graph (A), some solutions remain subject to (2) by inserting after section 7 (25 U.S.C. Be it enacted by the Senate and House of Rep- review and approval by the Bureau of Indian 4306) the following: resentatives of the United States of America in Affairs, adding additional costs and delay to ‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INI- Congress assembled, tribal projects. TIATIVES. SECTION 1. SHORT TITLE. SEC. 3. NATIVE AMERICAN BUSINESS DEVELOP- ‘‘(a) INTERAGENCY COORDINATION.—Not This Act may be cited as the ‘‘Indian Com- MENT, TRADE PROMOTION, AND later than 1 year after the enactment of this munity Economic Enhancement Act of 2017’’. TOURISM ACT OF 2000. section, the Secretary, the Secretary of the (a) FINDINGS; PURPOSES.—Section 2 of the Interior, and the Secretary of the Treasury SEC. 2. FINDINGS. Native American Business Development, shall coordinate— Congress finds that— Trade Promotion, and Tourism Act of 2000 ‘‘(1) to develop initiatives that— (1)(A) to bring industry and economic de- (25 U.S.C. 4301) is amended by adding at the ‘‘(A) encourage, promote, and provide edu- velopment to Indian communities, Indian end the following: cation regarding investments in Indian com- tribes must overcome a number of barriers, ‘‘(c) APPLICABILITY TO INDIAN-OWNED BUSI- munities through— including— NESSES.—The findings and purposes in sub- ‘‘(i) the loan guarantee program of Bureau (i) geographical location; sections (a) and (b) shall apply to any Indian- of Indian Affairs under section 201 of the In- (ii) lack of infrastructure or capacity; owned business governed— dian Financing Act of 1974 (25 U.S.C. 1481); (iii) lack of sufficient collateral and cap- ‘‘(1) by tribal laws regulating trade or com- ‘‘(ii) programs carried out using amounts ital; and merce on Indian lands; or in the Community Development Financial (iv) regulatory bureaucracy relating to— ‘‘(2) pursuant to section 5 of the Act of Au- Institutions Fund established under section (I) development; and gust 15, 1876 (19 Stat. 200, chapter 289; 25 104(a) of the Community Development Bank- (II) access to services provided by the Fed- U.S.C. 261).’’. ing and Financial Institutions Act of 1994 (12 eral Government; and (b) DEFINITIONS.—Section 3 of the Native U.S.C. 4703(a)); and (B) the barriers described in subparagraph American Business Development, Trade Pro- ‘‘(iii) other capital development programs; (A) often add to the cost of doing business in motion, and Tourism Act of 2000 (25 U.S.C. ‘‘(B) examine and develop alternatives that Indian communities; 4302) is amended— would qualify as collateral for financing in (1) by redesignating paragraphs (1) through (2) Indian tribes— Indian communities; and (6) and paragraphs (7) through (9), as para- (A) enact laws and exercise sovereign gov- ‘‘(C) provide entrepreneur and other train- graphs (2) through (7) and paragraphs (9) ernmental powers; ing relating to economic development through (11), respectively; (B) determine policy for the benefit of trib- through tribally controlled colleges and uni- (2) by inserting before paragraph (2) (as real members; and versities and other Indian organizations with designated by paragraph (1)) the following: (C) produce goods and services for con- experience in providing such training; ‘‘(1) DIRECTOR.—The term ‘Director’ means sumers; ‘‘(2) to consult with Indian tribes and with the Director of Native American Business (3) the Federal Government has— the Securities and Exchange Commission to Development appointed pursuant to section (A) an important government-to-govern- study, and collaborate to establish, regulatory 4(a)(2).’’; and ment relationship with Indian tribes; and changes necessary to qualify an Indian tribe (B) a role in facilitating healthy and sus- (3) by inserting after paragraph (7) (as redesignated by paragraph (1)) the following: as an accredited investor for the purposes of tainable tribal economies; sections 230.500 through 230.508 of title 17, (4) the input of Indian tribes in developing ‘‘(8) OFFICE.—The term ‘Office’ means the Office of Native American Business Develop- Code of Federal Regulations (or successor Federal policy and programs leads to more regulations), consistent with the goals of pro- meaningful and effective measures to assist ment established by section 4(a)(1).’’. (c) OFFICE OF NATIVE AMERICAN BUSINESS moting capital formation and ensuring quali- Indian tribes and Indian entrepreneurs in fying Indian tribes have the ability to withstand building tribal economies; DEVELOPMENT.—Section 4 of the Native American Business Development, Trade Pro- investment loss, on a basis comparable to other (5)(A) many components of tribal infra- legal entities that qualify as accredited investors structure need significant repair or replace- motion, and Tourism Act of 2000 (25 U.S.C. 4303) is amended— who are not natural persons; ment; and ‘‘(3) to identify regulatory, legal, or other (B) access to private capital for projects in (1) in subsection (a)— (A) in paragraph (1)— barriers to increasing investment, business, Indian communities— (i) by striking ‘‘Department of Commerce’’ and economic development, including quali- (i) may not be available; or and inserting ‘‘Office of the Secretary’’; and fying or approving collateral structures, (ii) may come at a higher cost than such (ii) by striking ‘‘(referred to in this Act as measurements of economic strength, and access for other projects; the ‘Office’)’’; and contributions of Indian economies in Indian (6)(A) Federal capital improvement pro- (B) in paragraph (2), in the first sentence, communities through the Authority estab- grams, such as those that facilitate tax-ex- by striking ‘‘(referred to in this Act as the lished under section 4 of the Indian Tribal empt bond financing and loan guarantees, ‘Director’)’’; and Regulatory Reform and Business Develop- are tools that help improve or replace crum- (2) by adding at the end the following: ment Act of 2000 (25 U.S.C. 4301 note); bling infrastructure; ‘‘(c) DUTIES OF DIRECTOR.— ‘‘(4) to ensure consultation with Indian (B) lack of parity in treatment of an Indian ‘‘(1) IN GENERAL.—The Director shall serve tribes regarding increasing investment in In- tribe as a governmental entity under Federal as— dian communities and the development of tax and certain other regulatory laws im- ‘‘(A) the program and policy advisor to the the report required in paragraph (5); and pedes, in part, the ability of Indian tribes to Secretary with respect to the trust and gov- ‘‘(5) not less than once every 3 years, to raise capital through issuance of tax exempt ernmental relationship between the United provide a report to Congress regarding im- debt, invest as an accredited investor, and States and Indian tribes; and provements to Indian communities resulting benefit from other investment incentives ac- ‘‘(B) the point of contact for Indian tribes, from such initiatives and recommendations corded to State and local governmental enti- tribal organizations, and Indians regarding— for promoting sustained growth of the tribal ties; and ‘‘(i) policies and programs of the Depart- economies. (C) as a result of the disparity in treatment of Commerce; and ‘‘(b) WAIVER.—For assistance provided pur- ment of Indian tribes described in subpara- ‘‘(ii) other matters relating to economic suant to section 108 of the Community De- graph (B), investors may avoid financing, or development and doing business in Indian velopment Banking and Financial Institu- demand a premium to finance, projects in In- lands. tions Act of 1994 (12 U.S.C. 4707) to benefit dian communities, making the projects more ‘‘(2) DEPARTMENTAL COORDINATION.—The Native Community Development Financial costly or inaccessible; Director shall coordinate with all offices and Institutions, as defined by the Secretary of (7) there are a number of Federal loan agencies within the Department of Com- the Treasury, section 108(e) of such Act shall guarantee programs available to facilitate fi- merce to ensure that each office and agency not apply. nancing of business, energy, economic, hous- has an accountable process to ensure— ‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASI- ing, and community development projects in ‘‘(A) meaningful and timely coordination BILITY STUDY.— Indian communities, and those programs and assistance, as required by this Act; and ‘‘(1) IN GENERAL.—The Government Ac- may support public-private partnerships for ‘‘(B) consultation with Indian tribes re- countability Office shall conduct a study infrastructure development, but improve- garding the policies, programs, assistance, and, not later than 18 months after the date ments and support are needed for those pro- and activities of the offices and agencies. of enactment of this subsection, submit to grams specific to Indian communities to fa- ‘‘(3) OFFICE OPERATIONS.—There are author- the Committee on Indian Affairs of the Sen- cilitate more effectively private financing ized to be appropriated to carry out this sec- ate and the Committee on Natural Resources for infrastructure and other urgent develop- tion not more than $2,000,000 for each fiscal of the House of Representatives a report on ment needs; and year.’’. the findings of the study and recommenda- (8)(A) most real property held by Indian (d) INDIAN COMMUNITY DEVELOPMENT INITIA- tions. tribes is trust or restricted land that essen- TIVES.—The Native American Business De- ‘‘(2) CONTENTS.—The study shall include an tially cannot be held as collateral; and velopment, Trade Promotion, and Tourism assessment of each of the following: (B) while creative solutions, such as lease- Act of 2000 is amended— ‘‘(A) IN GENERAL.—The study shall assess hold mortgages, have been developed in re- (1) by redesignating section 8 (25 U.S.C. current Federal capitalization and related sponse to the problem identified in subpara- 4307) as section 10; and programs and services that are available to

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.103 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1971 assist Indian communities with business and thorization Act for Fiscal Year 1991 (10 ‘‘(i) the types of alternative procurement economic development, including manufac- U.S.C. 2302 note; Public Law 101–510) or re- methods used, including any Indian owned turing, physical infrastructure (such as tele- ceipt of assistance under a developmental as- businesses reported under other procurement communications and broadband), community sistance agreement under that program shall goals; and development, and facilities construction for not render any individual or entity involved ‘‘(ii) the dollar value of any awards made such purposes. For each of the Federal pro- in the provision of Indian labor or an Indian pursuant to those deviations; grams and services identified, the study shall industry product ineligible to receive assist- ‘‘(F) a summary of all determinations assess the current use and demand by Indian ance under this section. made to provide awards to Indian economic tribes, individuals, businesses, and commu- ‘‘(B) TREATMENT.—For purposes of this sec- enterprises, including a description of the nities of the programs, the capital needs of tion, no determination of affiliation or con- dollar value of the awards; Indian tribes, businesses, and communities trol (whether direct or indirect) may be ‘‘(G) a description or summary of the total related to economic development, and the found between a protege firm and a mentor number and value of all purchases of, and extent that similar programs have been used firm on the basis that the mentor firm has contracts awarded for, supplies, services, and to assist non-Indian communities compared provided, or agreed to provide, to the protege construction (including the percentage in- to the extent used for Indian communities. firm, pursuant to a mentor-protege agree- crease or decrease, as compared to the pre- ‘‘(B) FINANCING ASSISTANCE.—The study ment, any form of developmental assistance ceding fiscal year) from— shall assess and quantify the extent of as- described in section 831(f) of the National De- ‘‘(i) Indian economic enterprises; and sistance provided to non-Indian borrowers fense Authorization Act for Fiscal Year 1991 ‘‘(ii) non-Indian economic enterprises; and and to Indian (both tribal and individual) (10 U.S.C. 2302 note; Public Law 101–510). ‘‘(H) any administrative, procedural, legal, borrowers through the loan programs, the ‘‘(c) IMPLEMENTATION.—In carrying out this or other barriers to achieving the purposes of loan guarantee programs, or bond guarantee section, the Secretaries shall— this section, together with recommendations programs of the— ‘‘(1) conduct outreach to Indian industrial for legislative or administrative actions to ‘‘(i) Department of the Interior; entities; address those barriers. ‘‘(ii) Department of Agriculture; ‘‘(2) provide training; ‘‘(e) GOALS.—Each agency shall establish ‘‘(iii) Department of Housing and Urban ‘‘(3) promulgate regulations in accordance an annual minimum percentage goal for pro- Development; with this section and with the regulations curement in compliance with this section.’’. ‘‘(iv) Department of Energy; under part 1480 of title 48, Code of Federal Regulations (or successor regulations), to SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF ‘‘(v) Small Business Administration; and 1974. ‘‘(vi) Community Development Financial harmonize the procurement procedures of (a) FINANCIAL ASSISTANCE FOR NATIVE Institutions Fund of the Department of the the Department of the Interior and the De- AMERICAN PROJECTS.—Section 803 of the Na- partment of Health and Human Services, to Treasury. tive American Programs Act of 1974 (42 the maximum extent practicable; ‘‘(C) TAX INCENTIVES.—The study shall as- U.S.C. 2991b) is amended— sess and quantify the extent of the assist- ‘‘(4) require regional offices of the Bureau of Indian Affairs and the Indian Health Serv- (1) by redesignating subsections (b) ance and allocations afforded for non-Indian through (d) as subsections (c) through (e), re- projects and for Indian projects pursuant to ice to aggregate data regarding compliance with this section; spectively; and each of the following tax incentive pro- (2) by inserting after subsection (a) the fol- grams: ‘‘(5) require procurement management re- views by their respective Departments to in- lowing: ‘‘(i) New market tax credit. ‘‘(b) ECONOMIC DEVELOPMENT.— ‘‘(ii) Low income housing tax credit. clude a review of the implementation of this section; and ‘‘(1) IN GENERAL.—The Commissioner may ‘‘(iii) Investment tax credit. provide assistance under subsection (a) for ‘‘(iv) Renewable energy tax incentives. ‘‘(6) consult with Indian tribes, Indian industrial entities, and other stakeholders re- projects relating to the purposes of this title ‘‘(v) Accelerated depreciation. to a Native community development finan- ‘‘(D) TRIBAL INVESTMENT INCENTIVE.—The garding methods to facilitate compliance with— cial institution, as defined by the Secretary study shall assess various alternative incen- of the Treasury. tives that could be provided to enable and ‘‘(A) this section; and ‘‘(B) other small business or procurement ‘‘(2) PRIORITY.—With regard to not less encourage tribal governments to invest in an than 50 percent of the total amount available Indian community development investment goals. ‘‘(d) REPORT.— for assistance under this section, the Com- fund or bank.’’. ‘‘(1) IN GENERAL.—Not later than 1 year missioner shall give priority to any applica- SEC. 4. BUY INDIAN ACT. after the date of enactment of this sub- tion seeking assistance for— Section 23 of the Act of June 25, 1910 (com- section, and not less frequently than once ‘‘(A) the development of a tribal code or monly known as the ‘‘Buy Indian Act’’) (36 every 2 years thereafter, each of the Secre- court system for purposes of economic devel- Stat. 861, chapter 431; 25 U.S.C. 47), is amend- opment, including commercial codes, trained to read as follows: taries shall submit to the Committee on In- dian Affairs of the Senate and the Com- ing for court personnel, regulation pursuant ‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND mittee on Natural Resources of the House of to section 5 of the Act of August 15, 1876 (19 PURCHASE OF PRODUCTS OF IN- Stat. 200, chapter 289; 25 U.S.C. 261), and the DIAN INDUSTRY; PARTICIPATION IN Representatives a report describing, during MENTOR-PROTEGE PROGRAM. the period covered by the report, the imple- development of nonprofit subsidiaries or ‘‘(a) DEFINITIONS.—In this section: mentation of this section by each of the re- other tribal business structures; ‘‘(1) INDIAN ECONOMIC ENTERPRISE.—The spective Secretaries. ‘‘(B) the development of a community de- term ‘Indian economic enterprise’ has the ‘‘(2) CONTENTS.—Each report under this velopment financial institution, including meaning given the term in section 1480.201 of subsection shall include, for each fiscal year training and administrative expenses; or title 48, Code of Federal Regulations (or suc- during the period covered by the report— ‘‘(C) the development of a tribal master cessor regulations). ‘‘(A) the names of each agency under the plan for community and economic develop- ‘‘(2) MENTOR FIRM; PROTEGE FIRM.—The respective jurisdiction of each of the Secre- ment and infrastructure.’’. terms ‘mentor firm’ and ‘protege firm’ have taries to which this section has been applied, (b) TECHNICAL ASSISTANCE AND TRAINING.— the meanings given those terms in section and efforts made by additional agencies Section 804 of the Native American Pro- 831(c) of the National Defense Authorization within the Secretaries’ respective Depart- grams Act of 1974 (42 U.S.C. 2991c) is amend- Act for Fiscal Year 1991 (10 U.S.C. 2302 note; ments to use the procurement procedures ed— Public Law 101–510). under this Act; (1) in the matter preceding paragraph (1), ‘‘(3) SECRETARIES.—The term ‘Secretaries’ ‘‘(B) a summary of the types of purchases by striking ‘‘The Commissioner’’ and insert- means— made from, and contracts (including any rel- ing the following: ‘‘(A) the Secretary of the Interior; and evant modifications, extensions, or renewals) ‘‘(a) IN GENERAL.—The Commissioner’’; and ‘‘(B) the Secretary of Health and Human awarded to, Indian economic enterprises, ex- (2) by adding at the end the following: Services. pressed by agency region; ‘‘(b) PRIORITY.—In providing assistance ‘‘(b) ENTERPRISE DEVELOPMENT.— ‘‘(C) a description of the percentage in- under subsection (a), the Commissioner shall ‘‘(1) IN GENERAL.—Unless determined by crease or decrease in total dollar value and give priority to any application described in one of the Secretaries to be impracticable number of purchases and awards made with- section 803(b)(2).’’. and unreasonable— in each agency region, as compared to the (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) Indian labor shall be employed; and totals of the region for the preceding fiscal Section 816 of the Native American Pro- ‘‘(B) purchases of Indian industry products year; grams Act of 1974 (42 U.S.C. 2992d) is amend- (including printing and facilities construc- ‘‘(D) a description of the methods used by ed— tion, notwithstanding any other provision of applicable contracting officers and employ- (1) by striking ‘‘803(d)’’ each place it ap- law) may be made in open market by the ees to conduct market searches to identify pears and inserting ‘‘803(e)’’; and Secretaries. qualified Indian economic enterprises; (2) in subsection (a), by striking ‘‘1999, 2000, ‘‘(2) MENTOR-PROTEGE PROGRAM.— ‘‘(E) a summary of all deviations granted 2001, and 2002’’ and inserting ‘‘2018 through ‘‘(A) IN GENERAL.—Participation in the under section 1480.403 of title 48, Code of Fed- 2022’’. Mentor-Protege Program established under eral Regulations (or successor regulations), Mr. MCCONNELL. I ask unanimous section 831(a) of the National Defense Au- including a description of— consent that the committee-reported

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.103 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1972 CONGRESSIONAL RECORD — SENATE March 22, 2018 amendments be withdrawn, the Hoeven mittee-reported amendment be agreed by each eligible entity in accordance with sub- substitute amendment at the desk be to the bill, as amended, be considered paragraph (B). agreed to, and the bill, as amended, be read a third time and passed, and the ‘‘(B) PROCESS FOR MAKING THE INITIAL DETER- MINATION.— considered read a third time. motions to reconsider be considered ‘‘(i) PRELIMINARY REPORT.—Not later than 180 The PRESIDING OFFICER. Is there made and laid upon the table. days after the date of enactment of the JOM objection? The PRESIDING OFFICER. Without Modernization Act, the Secretary shall publish Without objection, it is so ordered. objection, it is so ordered. a preliminary report describing the number of The committee-reported amendments The committee-reported amendment eligible Indian students served or potentially were withdrawn. was agreed to. served by each eligible entity, using the most ap- The amendment (No. 2224) in the na- The bill (S. 1223), as amended, was or- plicable and accurate data (as determined by the Secretary in consultation with eligible enti- ture of a substitute was agreed to. dered to be engrossed for a third read- (The amendment is printed in today’s ties) from the fiscal year preceding the fiscal ing, was read the third time, and year for which the initial determination is to be RECORD under ‘‘Text of Amendments.’’) passed. made from— The bill was ordered to be engrossed f ‘‘(I) the Bureau of the Census; for a third reading and was read the ‘‘(II) the National Center for Education Sta- third time. JOHNSON-O’MALLEY SUPPLE- tistics; or Mr. MCCONNELL. I know of no fur- MENTAL INDIAN EDUCATION ‘‘(III) the Office of Indian Education of the ther debate on the bill. PROGRAM MODERNIZATION ACT Department of Education. ‘‘(ii) DATA RECONCILIATION.—To improve the The PRESIDING OFFICER. Is there Mr. MCCONNELL. Mr. President, I accuracy of the preliminary report described in any further debate? ask unanimous consent that the Sen- clause (i) prior to publishing, the Secretary shall If not, the bill having been read the ate proceed to the immediate consider- reconcile the data described in the preliminary third time, the question is, Shall the report with— ation of Calendar No. 295, S. 943. ‘‘(I) each existing contracting party’s data re- bill pass? The PRESIDING OFFICER. The The bill (S. 1116), as amended, was garding the number of eligible Indian students clerk will report the bill by title. passed. served by the existing contracting party for the The senior assistant legislative clerk fiscal year preceding the fiscal year for which Mr. MCCONNELL. I ask unanimous read as follows: the initial determination is made; and consent that the motion to reconsider ‘‘(II) identifiable tribal enrollment informa- be considered made and laid upon the A bill (S. 943) to direct the Secretary of the Interior to conduct an accurate comprehen- tion. ‘‘(iii) COMMENT PERIOD.—After publishing the table. sive student count for the purposes of calcu- preliminary report under clause (i) in accord- The PRESIDING OFFICER. Without lating formula allocations for programs ance with clause (ii), the Secretary shall estab- objection, it is so ordered. under the Johnson-O’Malley Act, and for lish a 60-day comment period to gain feedback other purposes. f about the preliminary report from eligible enti- KLAMATH TRIBE JUDGMENT FUND There being no objection, the Senate ties, which the Secretary shall take into consid- REPEAL ACT proceeded to consider the bill, which eration in preparing the final report described had been reported from the Committee in clause (iv). Mr. MCCONNELL. Mr. President, I on Indian Affairs, with an amendment ‘‘(iv) FINAL REPORT.—Not later than 120 days ask unanimous consent that the Sen- after concluding the consultation described in to strike all after the enacting clause ate proceed to the immediate consider- clause (iii), the Secretary shall publish a final and insert in lieu thereof the following: ation of Calendar No. 272, S. 1223. report on the initial determination of the num- The PRESIDING OFFICER. The SECTION 1. SHORT TITLE. ber of eligible Indian students served or poten- This Act may be cited as the ‘‘Johnson- clerk will report the bill by title. tially served by each eligible entity, including O’Malley Supplemental Indian Education Pro- justification for not including any feedback The senior assistant legislative clerk gram Modernization Act’’. gained during such consultation, if applicable. read as follows: SEC. 2. INDIAN EDUCATION PROGRAM STUDENT ‘‘(2) SUBSEQUENT ACADEMIC YEARS.—For each A bill (S. 1223) to repeal the Klamath Tribe COUNT UPDATE. academic year following the fiscal year for Judgment Fund Act. The Act of April 16, 1934 (25 U.S.C. 5342 et which an initial determination is made under There being no objection, the Senate seq.) (commonly referred to as the Johnson- paragraph (1) to determine the number of eligi- proceeded to consider the bill, which O’Malley Act) is amended by adding at the end ble Indian students served or potentially served by a contracting party, the Secretary shall de- had been reported from the Committee the following: ‘‘SEC. 7. COMPUTATION OF STUDENT COUNT. termine the number of eligible Indian students on Indian Affairs, with an amendment, served by the contracting party based on the re- as follows: ‘‘(a) DEFINITIONS.—For the purposes of this Act, the following definitions apply: ported eligible Indian student count numbers (The part of the bill intended to be ‘‘(1) CONTRACTING PARTY.—The term ‘con- identified through the reporting process de- inserted is shown in Italics.) tracting party’ means an entity that has a con- scribed in subsection (c). ‘‘(c) CONTRACTING PARTY STUDENT COUNT RE- S. 1223 tract through a program authorized under this PORTING COMPLIANCE.— Act. Be it enacted by the Senate and House of Rep- ‘‘(1) IN GENERAL.—For each academic year fol- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- resentatives of the United States of America in lowing the fiscal year for which an initial deter- ty’ means an entity that is eligible to apply for Congress assembled, mination is made under subsection (b) to deter- a contract for a supplemental or operational SECTION 1. SHORT TITLE. mine the number of eligible Indian students support program under this Act, as outlined in This Act may be cited as the ‘‘Klamath served or potentially served by a contracting section 1. Tribe Judgment Fund Repeal Act’’. party, the contracting party shall submit to the ‘‘(3) EXISTING CONTRACTING PARTY.—The term SEC. 2. REPEAL. Secretary a report describing the number of eli- ‘existing contracting party’ means a contracting gible Indian students who were served using Public Law 89–224 (commonly know as the party that has a contract under this Act that is amounts allocated to such party under this Act ‘‘Klamath Tribe Judgment Fund Act’’) (79 in effect on the date of enactment of the JOM Stat. 897) is repealed. during the previous fiscal year. Modernization Act. ‘‘(2) FAILURE TO COMPLY.—A contracting SEC. 3. DISBURSEMENT OF REMAINING FUNDS. ‘‘(4) JOM MODERNIZATION ACT.—The term Notwithstanding any provision of Public Law party that fails to submit a report under para- ‘JOM Modernization Act’ means the Johnson- graph (1) shall receive no amounts under this 89–224 (79 Stat. 897) (as in effect on the day be- O’Malley Supplemental Indian Education Pro- fore the date of enactment of this Act) relating Act for the fiscal year following the academic gram Modernization Act. year for which the report should have been sub- to the distribution or use of funds, as soon as ‘‘(5) NEW CONTRACTING PARTY.—The term practicable after the date of enactment of this mitted. ‘new contracting party’ means an entity that ‘‘(3) NOTICE.—The Secretary shall provide Act, the Secretary of the Interior shall disburse enters into a contract under this Act after the contracting parties with timely information re- to the Klamath Tribe the balance of any funds date of enactment of the JOM Modernization lating to— that, on or before the date of enactment of this Act. ‘‘(A) initial and final reporting deadlines; and Act, were appropriated or deposited into the ‘‘(6) SECRETARY.—The term ‘Secretary’ means ‘‘(B) the consequences of failure to comply trust accounts for remaining legal fees and ad- the Secretary of the Interior. outlined in paragraph (2). ministration and per capita trust accounts, as ‘‘(b) DETERMINATION OF THE NUMBER OF ELI- ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary, identified by the Secretary of the Interior, under GIBLE INDIAN STUDENTS.— acting through the Director of the Bureau of In- that Act (as in effect on the day before the date ‘‘(1) INITIAL DETERMINATIONS.— dian Education, shall provide technical assist- of enactment of this Act). ‘‘(A) IN GENERAL.—The Secretary shall make ance and training on compliance with the re- Mr. MCCONNELL. Mr. President, I an initial determination of the number of eligi- porting requirements of this subsection to con- ask unanimous consent that the com- ble Indian students served or potentially served tracting parties.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 6333 E:\CR\FM\G22MR6.089 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1973

‘‘(d) ANNUAL REPORT.— ‘‘(f) FUNDING ALLOCATION AND REFORM.— prepared under this section in a manner that ‘‘(1) IN GENERAL.—The Secretary shall prepare ‘‘(1) PRESENT DAY PER STUDENT FUNDING AL- protects the rights of eligible Indian students in an annual report, including the most recent de- LOCATION.—Not later than 60 days after an ini- accordance with section 444 of the General Edu- termination of the number of eligible Indian stu- tial determination is made under subsection (b), cation Provisions Act (commonly referred to as dents served by each contracting party, rec- the Secretary shall propose, in consultation the Family Educational Rights and Privacy Act ommendations on appropriate funding levels for with Indian tribes and contracting parties, a of 1974) (20 U.S.C. 1232g). the program based on such determination, and present day per student funding allocation that ‘‘(j) GAO REPORT.—Not later than 18 months an assessment of the contracts under this Act shall serve as a funding baseline under this Act. after the final report described in subsection that the Secretary— ‘‘(2) FUNDING REFORM.—The Secretary may (b)(1)(B)(iv) is published, the Comptroller Gen- ‘‘(A) may include in the budget request of the make recommendations for legislation to in- eral shall— Department of the Interior for each fiscal year; crease the amount of funds available per eligible ‘‘(1) conduct a review of the implementation and Indian student through contracts under this Act of this section during the preceding two-year pe- ‘‘(B) shall submit to— to equal to or greater than the amount of funds riod, including any factors impacting— ‘‘(i) the Committee on Indian Affairs of the that were available per eligible Indian student ‘‘(A) the accuracy of the determinations of the Senate; through contracts under this Act for fiscal year number of eligible Indian students under this ‘‘(ii) the Subcommittee on Interior, Environ- 1995, and attempt to identify additional sources section; ment, and Related Agencies of the Committee on of funding that do not reallocate existing funds ‘‘(B) the communication between the Bureau Appropriations of the Senate; otherwise utilized by Indian students served— of Indian Education and contracting parties; ‘‘(iii) the Committee on Education and the ‘‘(A) by the Bureau of Indian Education; or and Workforce of the House of Representatives; and ‘‘(B) under title VI of the Elementary and ‘‘(C) the efforts by the Bureau of Indian Edu- ‘‘(iv) the Subcommittee on Interior, Environ- Secondary Education Act of 1965 (20 U.S.C. 7401 cation to ensure accurate and sufficient dis- ment, and Related Agencies of the Committee on et seq.). tribution of funding for Indian students; Appropriations of the House of Representatives. ‘‘(3) INCREASES IN PROGRAM FUNDING.— ‘‘(2) submit a report describing the results of ‘‘(2) MANNER OF PREPARATION.—The Secretary ‘‘(A) IN GENERAL.—Subject to subsection (e) the review under paragraph (1) to— shall prepare the report under paragraph (1) in and subparagraph (B), for any fiscal year for ‘‘(A) the Committee on Indian Affairs of the a manner so as to prevent or minimize new ad- which the amount appropriated to carry out Senate; ministrative burdens on contracting parties re- this Act exceeds the amount appropriated to ‘‘(B) the Subcommittee on Interior, Environ- ceiving funds under this Act. carry out this Act for the preceding fiscal year, ment, and Related Agencies of the Committee on ‘‘(e) HOLD HARMLESS.— the excess amounts shall— Appropriations of the Senate; ‘‘(1) INITIAL HOLD HARMLESS.— ‘‘(A) IN GENERAL.—Except as provided under ‘‘(i) be allocated only to those contracting ‘‘(C) the Subcommittee on Indian, Insular and subparagraph (B) and subject to subparagraphs parties that did not receive their full per student Alaska Native Affairs of the Committee on Nat- (C) and (D), for a fiscal year, an existing con- funding allocation for the previous fiscal year; ural Resources of the House of Representatives; tracting party shall not receive an amount and and under this Act that is less than the amount that ‘‘(ii) be allocated first to new contracting par- ‘‘(D) the Subcommittee on Interior, Environ- such existing contracting party received under ties that did not receive their full per student ment, and Related Agencies of the Committee on this Act for the fiscal year preceding the date of funding allocation for the previous fiscal year. Appropriations of the House of Representatives; enactment of the JOM Modernization Act. ‘‘(B) PARITY IN FUNDING.—Subparagraph (A) and ‘‘(B) EXCEPTIONS.— shall have no effect after the first fiscal year for ‘‘(3) make such report publicly available. ‘‘(i) IN GENERAL.—An existing contracting which each contracting party receives their full ‘‘(k) EFFECT.—Nothing in this section— party shall receive an amount under this Act for per student funding allocation. ‘‘(1) creates a new program or duplicates pro- a fiscal year that is less than the amount that ‘‘(g) INCREASED GEOGRAPHICAL AND TRIBAL gram activities under this Act; or the existing contracting party received under PARTICIPATION IN THE JOHNSON-O’MALLEY SUP- ‘‘(2) replaces or diminishes the effect of regu- this Act for the fiscal year preceding the date of PLEMENTARY EDUCATION PROGRAM.—To the lations to carry out this Act existing on the day enactment of the JOM Modernization Act, if 1 maximum extent practicable, the Secretary shall before the date of enactment of the JOM Mod- or more of the following conditions is met: consult with Indian tribes and contact State ernization Act, unless expressly provided in this ‘‘(I) FAILURE TO REPORT.—The existing con- educational agencies and local educational section.’’. tracting party failed to submit the report de- agencies that have not previously entered into a Mr. MCCONNELL. Mr. President, I scribed in subsection (c) that was most recently contract under this Act— ask unanimous consent that the due from the date of the determination. ‘‘(1) to determine the interest of the Indian Lankford amendment at the desk be ‘‘(II) VIOLATIONS OF CONTRACT OR LAW.—The tribes and State educational agencies and local considered and agreed to the com- Secretary has found that the existing con- educational agencies in entering into such con- mittee-reported substitute amend- tracts; and tracting party has violated the terms of a con- ment, as amended, be agreed to, and tract entered into under this Act or has other- ‘‘(2) to share information relating to the proc- wise violated Federal law. ess for entering into a contract under this Act. the bill, as amended, be considered ‘‘(III) STUDENT COUNT DECREASE.—The num- ‘‘(h) RULEMAKING.— read a third time. ber of eligible Indian students reported by such ‘‘(1) IN GENERAL.—Not later than one year The PRESIDING OFFICER. Without existing contracting party under subsection (c) after the date of enactment of the JOM Mod- objection, it is so ordered. has decreased below the number of eligible In- ernization Act, the Secretary, acting through The amendment (No. 2225) was agreed dian students served by the existing contracting the Director of the Bureau of Indian Education, to, as follows: party in the fiscal year preceding the date of en- shall undertake and complete a rulemaking (Purpose: To include Alaska Native actment of the JOM Modernization Act. process, following the provisions of subchapter organizations in consultations) ‘‘(ii) AMOUNT OF FUNDING REDUCTION FOR EX- II of chapter 5 of title 5, United States Code, ISTING CONTRACTING PARTIES REPORTING DE- to— On page 27, strike lines 11 through 17. CREASED STUDENT COUNTS.—A reduction in an ‘‘(A) determine how the regulatory definition On page 27, line 18, strike ‘‘(2)’’ and insert amount pursuant to clause (i)(III) shall not be of ‘eligible Indian student’ may be revised to ‘‘(1)’’. done in such a manner that the existing con- clarify eligibility requirements for contracting On page 28, line 7, strike ‘‘(3)’’ and insert tracting party receives an amount of funding parties under this Act; ‘‘(2)’’. per eligible Indian student that is less than the ‘‘(B) determine, as necessary, how the funding On page 29, lines 5 and 6, strike ‘‘and local amount of funding per eligible Indian student formula described in section 273.31 of title 25, educational agencies’’ and insert ‘‘, local such party received for the fiscal year preceding Code of Federal Regulations (as in effect on the educational agencies, and Alaska Native or- the date of enactment of the JOM Moderniza- day before the date of enactment of the JOM ganizations’’. tion Act. Modernization Act) may be clarified and revised On page 29, lines 8 through 10, strike ‘‘In- ‘‘(C) RATABLE REDUCTIONS IN APPROPRIA- to ensure full participation of contracting par- dian tribes and State educational agencies TIONS.—If the funds available under this Act for ties and provide clarity on the funding process and local educational agencies’’ and insert a fiscal year are insufficient to pay the full under this Act; and ‘‘Indian tribes, State educational agencies, amounts that all existing contracting parties are ‘‘(C) otherwise reconcile and modernize the local educational agencies, and Alaska Na- eligible to receive under subparagraph (A) for rules to comport with the activities of the con- tive organizations’’. the fiscal year, the Secretary shall ratably re- tracting parties under this Act as of the date of The committee-reported amendment duce those amounts for the fiscal year. enactment of the JOM Modernization Act. in the nature of a substitute, as amend- ‘‘(D) SUNSET.—This paragraph shall cease to ‘‘(2) REPORT.—Not later than 30 days after the ed, was agreed to. be effective 4 years after the date of enactment date the rulemaking under paragraph (1) is The bill was ordered to be engrossed of the JOM Modernization Act. complete, the Secretary shall submit a report to for a third reading and was read the ‘‘(2) MAXIMUM DECREASE AFTER 4 YEARS.—Be- Congress describing the results of such rule- third time. ginning 4 years after the date of enactment of making and necessary recommendations to en- the JOM Modernization Act, no contracting sure the full implementation of such rule- Mr. MCCONNELL. Mr. President, I party shall receive for a fiscal year more than a making. know of no further debate on the bill. 10 percent decrease in funding per eligible In- ‘‘(i) STUDENT PRIVACY.—The Secretary shall The PRESIDING OFFICER. Is there dian student from the previous fiscal year. ensure that data is collected and each report is any further debate?

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.104 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1974 CONGRESSIONAL RECORD — SENATE March 22, 2018 The PRESIDING OFFICER. If not, ‘‘(iii) COMMENT PERIOD.—After publishing graph (1) in a manner so as to prevent or the bill having been read the third the preliminary report under clause (i) in ac- minimize new administrative burdens on time, the question is, Shall the bill cordance with clause (ii), the Secretary shall contracting parties receiving funds under pass? establish a 60-day comment period to gain this Act. ‘‘(e) HOLD HARMLESS.— The bill (S. 943), as amended, was feedback about the preliminary report from eligible entities, which the Secretary shall ‘‘(1) INITIAL HOLD HARMLESS.— passed, as follows: take into consideration in preparing the ‘‘(A) IN GENERAL.—Except as provided S. 943 final report described in clause (iv). under subparagraph (B) and subject to sub- Be it enacted by the Senate and House of Rep- ‘‘(iv) FINAL REPORT.—Not later than 120 paragraphs (C) and (D), for a fiscal year, an resentatives of the United States of America in days after concluding the consultation de- existing contracting party shall not receive Congress assembled, scribed in clause (iii), the Secretary shall an amount under this Act that is less than SECTION 1. SHORT TITLE. publish a final report on the initial deter- the amount that such existing contracting This Act may be cited as the ‘‘Johnson- mination of the number of eligible Indian party received under this Act for the fiscal O’Malley Supplemental Indian Education students served or potentially served by each year preceding the date of enactment of the Program Modernization Act’’. eligible entity, including justification for JOM Modernization Act. SEC. 2. INDIAN EDUCATION PROGRAM STUDENT not including any feedback gained during ‘‘(B) EXCEPTIONS.— COUNT UPDATE. such consultation, if applicable. ‘‘(i) IN GENERAL.—An existing contracting The Act of April 16, 1934 (25 U.S.C. 5342 et ‘‘(2) SUBSEQUENT ACADEMIC YEARS.—For party shall receive an amount under this Act seq.) (commonly referred to as the Johnson- each academic year following the fiscal year for a fiscal year that is less than the amount O’Malley Act) is amended by adding at the for which an initial determination is made that the existing contracting party received end the following: under paragraph (1) to determine the number under this Act for the fiscal year preceding ‘‘SEC. 7. COMPUTATION OF STUDENT COUNT. of eligible Indian students served or poten- the date of enactment of the JOM Mod- ‘‘(a) DEFINITIONS.—For the purposes of this tially served by a contracting party, the Sec- ernization Act, if 1 or more of the following Act, the following definitions apply: retary shall determine the number of eligible conditions is met: ‘‘(1) CONTRACTING PARTY.—The term ‘con- Indian students served by the contracting ‘‘(I) FAILURE TO REPORT.—The existing contracting party’ means an entity that has a party based on the reported eligible Indian tracting party failed to submit the report de- contract through a program authorized student count numbers identified through scribed in subsection (c) that was most re- under this Act. the reporting process described in subsection cently due from the date of the determina- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible (c). tion. entity’ means an entity that is eligible to ‘‘(c) CONTRACTING PARTY STUDENT COUNT ‘‘(II) VIOLATIONS OF CONTRACT OR LAW.—The apply for a contract for a supplemental or REPORTING COMPLIANCE.— Secretary has found that the existing con- operational support program under this Act, ‘‘(1) IN GENERAL.—For each academic year tracting party has violated the terms of a as outlined in section 1. following the fiscal year for which an initial contract entered into under this Act or has ‘‘(3) EXISTING CONTRACTING PARTY.—The determination is made under subsection (b) otherwise violated Federal law. term ‘existing contracting party’ means a to determine the number of eligible Indian ‘‘(III) STUDENT COUNT DECREASE.—The num- contracting party that has a contract under students served or potentially served by a ber of eligible Indian students reported by this Act that is in effect on the date of en- contracting party, the contracting party such existing contracting party under sub- actment of the JOM Modernization Act. shall submit to the Secretary a report de- section (c) has decreased below the number ‘‘(4) JOM MODERNIZATION ACT.—The term scribing the number of eligible Indian stu- of eligible Indian students served by the ex- ‘JOM Modernization Act’ means the John- dents who were served using amounts allo- isting contracting party in the fiscal year son-O’Malley Supplemental Indian Edu- cated to such party under this Act during preceding the date of enactment of the JOM cation Program Modernization Act. the previous fiscal year. Modernization Act. ‘‘(5) NEW CONTRACTING PARTY.—The term ‘‘(2) FAILURE TO COMPLY.—A contracting ‘‘(ii) AMOUNT OF FUNDING REDUCTION FOR ‘new contracting party’ means an entity that party that fails to submit a report under EXISTING CONTRACTING PARTIES REPORTING DE- enters into a contract under this Act after paragraph (1) shall receive no amounts under CREASED STUDENT COUNTS.—A reduction in an the date of enactment of the JOM Mod- this Act for the fiscal year following the aca- amount pursuant to clause (i)(III) shall not ernization Act. demic year for which the report should have be done in such a manner that the existing ‘‘(6) SECRETARY.—The term ‘Secretary’ been submitted. contracting party receives an amount of means the Secretary of the Interior. ‘‘(3) NOTICE.—The Secretary shall provide funding per eligible Indian student that is ‘‘(b) DETERMINATION OF THE NUMBER OF ELI- contracting parties with timely information less than the amount of funding per eligible GIBLE INDIAN STUDENTS.— relating to— Indian student such party received for the ‘‘(1) INITIAL DETERMINATIONS.— ‘‘(A) initial and final reporting deadlines; fiscal year preceding the date of enactment ‘‘(A) IN GENERAL.—The Secretary shall and of the JOM Modernization Act. make an initial determination of the number ‘‘(B) the consequences of failure to comply ‘‘(C) RATABLE REDUCTIONS IN APPROPRIA- of eligible Indian students served or poten- outlined in paragraph (2). TIONS.—If the funds available under this Act tially served by each eligible entity in ac- ‘‘(4) TECHNICAL ASSISTANCE.—The Sec- for a fiscal year are insufficient to pay the cordance with subparagraph (B). retary, acting through the Director of the full amounts that all existing contracting ‘‘(B) PROCESS FOR MAKING THE INITIAL DE- Bureau of Indian Education, shall provide parties are eligible to receive under subpara- TERMINATION.— technical assistance and training on compli- graph (A) for the fiscal year, the Secretary ‘‘(i) PRELIMINARY REPORT.—Not later than ance with the reporting requirements of this shall ratably reduce those amounts for the 180 days after the date of enactment of the subsection to contracting parties. fiscal year. JOM Modernization Act, the Secretary shall ‘‘(d) ANNUAL REPORT.— ‘‘(D) SUNSET.—This paragraph shall cease publish a preliminary report describing the ‘‘(1) IN GENERAL.—The Secretary shall pre- to be effective 4 years after the date of en- number of eligible Indian students served or pare an annual report, including the most re- actment of the JOM Modernization Act. potentially served by each eligible entity, cent determination of the number of eligible ‘‘(2) MAXIMUM DECREASE AFTER 4 YEARS.— using the most applicable and accurate data Indian students served by each contracting Beginning 4 years after the date of enact- (as determined by the Secretary in consulta- party, recommendations on appropriate ment of the JOM Modernization Act, no con- tion with eligible entities) from the fiscal funding levels for the program based on such tracting party shall receive for a fiscal year year preceding the fiscal year for which the determination, and an assessment of the con- more than a 10 percent decrease in funding initial determination is to be made from— tracts under this Act that the Secretary— per eligible Indian student from the previous ‘‘(I) the Bureau of the Census; ‘‘(A) may include in the budget request of fiscal year. ‘‘(II) the National Center for Education the Department of the Interior for each fis- ‘‘(f) FUNDING ALLOCATION AND REFORM.— Statistics; or cal year; and ‘‘(1) FUNDING REFORM.—The Secretary may ‘‘(III) the Office of Indian Education of the ‘‘(B) shall submit to— make recommendations for legislation to in- Department of Education. ‘‘(i) the Committee on Indian Affairs of the crease the amount of funds available per eli- ‘‘(ii) DATA RECONCILIATION.—To improve Senate; gible Indian student through contracts under the accuracy of the preliminary report de- ‘‘(ii) the Subcommittee on Interior, Envi- this Act to equal to or greater than the scribed in clause (i) prior to publishing, the ronment, and Related Agencies of the Com- amount of funds that were available per eli- Secretary shall reconcile the data described mittee on Appropriations of the Senate; gible Indian student through contracts under in the preliminary report with— ‘‘(iii) the Committee on Education and the this Act for fiscal year 1995, and attempt to ‘‘(I) each existing contracting party’s data Workforce of the House of Representatives; identify additional sources of funding that regarding the number of eligible Indian stu- and do not reallocate existing funds otherwise dents served by the existing contracting ‘‘(iv) the Subcommittee on Interior, Envi- utilized by Indian students served— party for the fiscal year preceding the fiscal ronment, and Related Agencies of the Com- ‘‘(A) by the Bureau of Indian Education; or year for which the initial determination is mittee on Appropriations of the House of ‘‘(B) under title VI of the Elementary and made; and Representatives. Secondary Education Act of 1965 (20 U.S.C. ‘‘(II) identifiable tribal enrollment infor- ‘‘(2) MANNER OF PREPARATION.—The Sec- 7401 et seq.). mation. retary shall prepare the report under para- ‘‘(2) INCREASES IN PROGRAM FUNDING.—

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.093 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1975

‘‘(A) IN GENERAL.—Subject to subsection (e) ‘‘(B) the communication between the Bu- Subtitle C—NIH Reporting on Childhood Cancer and subparagraph (B), for any fiscal year for reau of Indian Education and contracting Activities which the amount appropriated to carry out parties; and Sec. 121. Reporting on childhood cancer re- this Act exceeds the amount appropriated to ‘‘(C) the efforts by the Bureau of Indian search projects. carry out this Act for the preceding fiscal Education to ensure accurate and sufficient TITLE II—MAXIMIZING DELIVERY: CARE, year, the excess amounts shall— distribution of funding for Indian students; QUALITY OF LIFE, SURVIVORSHIP, AND ‘‘(i) be allocated only to those contracting ‘‘(2) submit a report describing the results CAREGIVER SUPPORT parties that did not receive their full per stu- of the review under paragraph (1) to— dent funding allocation for the previous fis- ‘‘(A) the Committee on Indian Affairs of Sec. 201. Cancer survivorship programs. cal year; and the Senate; Sec. 202. Grants to improve care for pediatric ‘‘(ii) be allocated first to new contracting ‘‘(B) the Subcommittee on Interior, Envi- cancer survivors. parties that did not receive their full per stu- ronment, and Related Agencies of the Com- Sec. 203. Best practices for long-term follow-up dent funding allocation for the previous fis- mittee on Appropriations of the Senate; services for pediatric cancer sur- cal year. ‘‘(C) the Subcommittee on Indian, Insular vivors. ‘‘(B) PARITY IN FUNDING.—Subparagraph (A) and Alaska Native Affairs of the Committee Sec. 204. Technical amendment. shall have no effect after the first fiscal year on Natural Resources of the House of Rep- TITLE I—MAXIMIZING RESEARCH for which each contracting party receives resentatives; and THROUGH DISCOVERY their full per student funding allocation. ‘‘(D) the Subcommittee on Interior, Envi- Subtitle A—Caroline Pryce Walker Conquer ‘‘(g) INCREASED GEOGRAPHICAL AND TRIBAL ronment, and Related Agencies of the Com- Childhood Cancer Reauthorization Act PARTICIPATION IN THE JOHNSON-O’MALLEY mittee on Appropriations of the House of SEC. 101. CHILDREN’S CANCER BIOREPOSITORIES SUPPLEMENTARY EDUCATION PROGRAM.—To Representatives; and AND BIOSPECIMEN RESEARCH. the maximum extent practicable, the Sec- ‘‘(3) make such report publicly available. retary shall consult with Indian tribes and Section 417E of the Public Health Service Act ‘‘(k) EFFECT.—Nothing in this section— (42 U.S.C. 285a–11) is amended— contact State educational agencies, local ‘‘(1) creates a new program or duplicates (1) in the section heading, by striking ‘‘RE- educational agencies, and Alaska Native or- program activities under this Act; or SEARCH AND AWARENESS’’ and inserting ‘‘RE- ganizations that have not previously entered ‘‘(2) replaces or diminishes the effect of into a contract under this Act— SEARCH, AWARENESS, AND SURVIVORSHIP’’; regulations to carry out this Act existing on (2) by striking subsection (a) and inserting the ‘‘(1) to determine the interest of the Indian the day before the date of enactment of the tribes, State educational agencies, local edu- following: JOM Modernization Act, unless expressly ‘‘(a) CHILDREN’S CANCER BIOREPOSITORIES.— cational agencies, and Alaska Native organi- provided in this section.’’. zations, in entering into such contracts; and ‘‘(1) AWARD.—The Secretary, acting through Mr. MCCONNELL. Mr. President, I ‘‘(2) to share information relating to the the Director of NIH, may make awards to an en- process for entering into a contract under ask unanimous consent that the mo- tity or entities described in paragraph (4) to this Act. tion to reconsider be considered made build upon existing research efforts to collect ‘‘(h) RULEMAKING.— and laid upon the table. biospecimens and clinical and demographic in- ‘‘(1) IN GENERAL.—Not later than one year The PRESIDING OFFICER. Without formation of children, adolescents, and young after the date of enactment of the JOM Mod- objection, it is so ordered. adults with selected cancer subtypes (and their ernization Act, the Secretary, acting recurrences) for which current treatments are through the Director of the Bureau of Indian f least effective, in order to achieve a better un- Education, shall undertake and complete a derstanding of the causes of such cancer rulemaking process, following the provisions CHILDHOOD CANCER STAR ACT subtypes (and their recurrences), and the effects of subchapter II of chapter 5 of title 5, United and outcomes of treatments for such cancers. States Code, to— Mr. MCCONNELL. Mr. President, I ‘‘(2) USE OF FUNDS.—Amounts received under ‘‘(A) determine how the regulatory defini- ask unanimous consent that the Sen- an award under paragraph (1) may be used to tion of ‘eligible Indian student’ may be re- ate proceed to the immediate consider- carry out the following: vised to clarify eligibility requirements for ation of Calendar No. 342, S. 292. ‘‘(A) Collect and store high-quality, donated contracting parties under this Act; The PRESIDING OFFICER. The biospecimens and associated clinical and demographic information on children, adolescents, ‘‘(B) determine, as necessary, how the clerk will report the bill by title. funding formula described in section 273.31 of and young adults diagnosed with cancer in the The senior assistant legislative clerk United States, focusing on children, adolescents, title 25, Code of Federal Regulations (as in read as follows: effect on the day before the date of enact- and young adults with cancer enrolled in clin- ment of the JOM Modernization Act) may be A bill (S. 292) to maximize discovery, and ical trials for whom current treatments are least clarified and revised to ensure full participa- accelerate development and availability, of effective. Activities under this subparagraph tion of contracting parties and provide clar- promising childhood cancer treatments, and may include storage of biospecimens and associ- ity on the funding process under this Act; for other purposes. ated clinical and demographic data at existing and There being no objection, the Senate biorepositories supported by the National Can- cer Institute. ‘‘(C) otherwise reconcile and modernize the proceeded to consider the bill, which rules to comport with the activities of the ‘‘(B) Maintain an interoperable, secure, and had been reported from the Committee searchable database on stored biospecimens and contracting parties under this Act as of the on Health, Education, Labor, and Pen- date of enactment of the JOM Modernization associated clinical and demographic data from Act. sions, with an amendment to strike all children, adolescents, and young adults with ‘‘(2) REPORT.—Not later than 30 days after after the enacting clause and insert in cancer for the purposes of research by scientists the date the rulemaking under paragraph (1) lieu thereof the following: and qualified health care professionals. is complete, the Secretary shall submit a re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(C) Establish and implement procedures for evaluating applications for access to such bio- port to Congress describing the results of (a) SHORT TITLE.—This Act may be cited as specimens and clinical and demographic data such rulemaking and necessary rec- the ‘‘Childhood Cancer Survivorship, Treat- from researchers and other qualified health care ommendations to ensure the full implemen- ment, Access, and Research Act of 2018’’ or the professionals. tation of such rulemaking. ‘‘Childhood Cancer STAR Act’’. ‘‘(D) Provide access to biospecimens and clin- ‘‘(i) STUDENT PRIVACY.—The Secretary (b) TABLE OF CONTENTS.—The table of con- ical and demographic data from children, ado- shall ensure that data is collected and each tents for this Act is as follows: report is prepared under this section in a lescents, and young adults with cancer to re- Sec. 1. Short title; table of contents. manner that protects the rights of eligible searchers and qualified health care profes- Indian students in accordance with section TITLE I—MAXIMIZING RESEARCH sionals for peer-reviewed research— 444 of the General Education Provisions Act THROUGH DISCOVERY ‘‘(i) consistent with the procedures established (commonly referred to as the Family Edu- Subtitle A—Caroline Pryce Walker Conquer pursuant to subparagraph (C); cational Rights and Privacy Act of 1974) (20 Childhood Cancer Reauthorization Act ‘‘(ii) only to the extent permitted by applicable Federal and State law; and U.S.C. 1232g). Sec. 101. Children’s cancer biorepositories and ‘‘(j) GAO REPORT.—Not later than 18 ‘‘(iii) in a manner that protects personal pri- biospecimen research. months after the final report described in vacy to the extent required by applicable Fed- Sec. 102. Improving Childhood Cancer Surveil- subsection (b)(1)(B)(iv) is published, the eral and State privacy law, at minimum. lance. Comptroller General shall— ‘‘(3) NO REQUIREMENT.—No child, adolescent, ‘‘(1) conduct a review of the implementa- Subtitle B—Pediatric Expertise at NIH or young adult with cancer shall be required tion of this section during the preceding two- Sec. 111. Inclusion of at least one pediatric under this subsection to contribute a specimen year period, including any factors impact- oncologist on the National Cancer to a biorepository or share clinical or demo- ing— Advisory Board. graphic data. ‘‘(A) the accuracy of the determinations of Sec. 112. Sense of Congress regarding pediatric ‘‘(4) APPLICATION; CONSIDERATIONS.— the number of eligible Indian students under expertise at the National Cancer ‘‘(A) APPLICATION.—To be eligible to receive this section; Institute. an award under paragraph (1) an entity shall

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\CR\FM\A22MR6.107 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1976 CONGRESSIONAL RECORD — SENATE March 22, 2018

submit an application to the Secretary at such ‘‘(C) CLINICAL AND DEMOGRAPHIC INFORMA- (1) by striking ‘‘Board not less than five’’ and a time, in such manner, and containing such in- TION.—The term ‘clinical and demographic in- inserting ‘‘Board— formation as the Secretary may reasonably re- formation’ includes— ‘‘(I) not less than 5’’; quire. ‘‘(i) date of diagnosis; (2) by inserting ‘‘and’’ after the semicolon; ‘‘(B) CONSIDERATIONS.—In evaluating appli- ‘‘(ii) age at diagnosis; and cations submitted under subparagraph (A), the ‘‘(iii) the patient’s sex, race, ethnicity, and (3) by adding at the end the following: Secretary shall consider the existing infrastruc- environmental exposures; ‘‘(II) not less than one member shall be an in- ture of the entity that would allow for the time- ‘‘(iv) extent of disease at enrollment; dividual knowledgeable in pediatric oncology;’’. ly capture of biospecimens and related clinical ‘‘(v) site of metastases; SEC. 112. SENSE OF CONGRESS REGARDING PEDI- and demographic information for children, ado- ‘‘(vi) location of primary tumor coded; ATRIC EXPERTISE AT THE NATIONAL lescents, and young adults with cancer for ‘‘(vii) histologic diagnosis; CANCER INSTITUTE. whom current treatments are least effective. ‘‘(viii) tumor marker data when available; It is the sense of Congress that the Director of ‘‘(5) PRIVACY PROTECTIONS AND INFORMED ‘‘(ix) treatment and outcome data; the National Cancer Institute should ensure CONSENT.— ‘‘(x) information related to specimen quality; that all applicable study sections, committees, ‘‘(A) IN GENERAL.—The Secretary may not and advisory groups, and panels at the National make an award under paragraph (1) to an enti- ‘‘(xi) any other applicable information re- Cancer Institute include one or more qualified ty unless the Secretary ensures that such enti- quired by the Secretary.’’; and pediatric oncologists, as appropriate. ty— (3) in subsection (c), by striking ‘‘(42 U.S.C. Subtitle C—NIH Reporting on Childhood ‘‘(i) collects biospecimens and associated clin- 202 note)’’. Cancer Activities ical and demographic information only from SEC. 102. IMPROVING CHILDHOOD CANCER SUR- SEC. 121. REPORTING ON CHILDHOOD CANCER participants who have given their informed con- VEILLANCE. RESEARCH PROJECTS. sent in accordance with Federal and State law; (a) IN GENERAL.—Section 399E–1 of the Public The Director of the National Institutes of and Health Service Act (42 U.S.C. 280e–3a) is amend- Health shall ensure that childhood cancer re- ‘‘(ii) protects personal privacy to the extent ed— search projects conducted or supported by the required by applicable Federal and State law, at (1) in subsection (a)— National Institutes of Health are included in minimum. (A) by striking ‘‘shall award a grant’’ and in- appropriate reports to Congress, which may in- ‘‘(B) INFORMED CONSENT.—The Secretary shall serting ‘‘may make awards to State cancer reg- clude the Pediatric Research Initiative report. ensure biospecimens and associated clinical and istries’’; and TITLE II—MAXIMIZING DELIVERY: CARE, demographic information are collected with in- (B) by striking ‘‘track the epidemiology of pe- formed consent, as described in subparagraph QUALITY OF LIFE, SURVIVORSHIP, AND diatric cancer into a comprehensive nationwide CAREGIVER SUPPORT (A)(i). registry of actual occurrences of pediatric can- UIDELINES AND OVERSIGHT.—The Sec- SEC. 201. CANCER SURVIVORSHIP PROGRAMS. ‘‘(6) G cer’’ and inserting ‘‘collect information to better (a) PILOT PROGRAMS TO EXPLORE MODEL SYS- retary shall develop and disseminate appro- understand the epidemiology of cancer in chil- TEMS OF CARE FOR PEDIATRIC CANCER SUR- priate guidelines for the development and main- dren, adolescents, and young adults’’; and VIVORS.— tenance of the biorepositories supported under (C) by striking the second sentence and insert- (1) IN GENERAL.—The Secretary of Health and this subsection, including appropriate oversight, ing ‘‘Such registries may be updated to include to facilitate further research on select cancer Human Services (referred to in this section as each occurrence of such cancers within a period the ‘‘Secretary’’) may make awards to eligible subtypes (and their recurrences) in children, of time designated by the Secretary.’’; adolescents, and young adults with such can- entities to establish pilot programs to develop, (2) by redesignating subsection (b) as sub- study, or evaluate model systems for monitoring cers (and their recurrences). section (d); ‘‘(7) COORDINATION.—To encourage the great- and caring for childhood cancer survivors (3) by inserting after subsection (a) the fol- est possible efficiency and effectiveness of feder- throughout their lifespan, including evaluation lowing: ally supported efforts with respect to the activi- of models for transition to adult care and care ‘‘(b) ACTIVITIES.—The grants described in sub- ties described in this subsection, the Secretary coordination. section (a) may be used for— shall ensure the appropriate coordination of (2) AWARDS.— ‘‘(1) identifying, recruiting, and training po- programs supported under this section with ex- (A) TYPES OF ENTITIES.—In making awards tential sources for reporting childhood, adoles- isting federally supported cancer registry pro- under this subsection, the Secretary shall, to the cent, and young adult cancer cases; grams and the activities under section 399E–1, as extent practicable, include— ‘‘(2) developing practices to ensure early in- appropriate. (i) small, medium, and large-sized eligible enti- clusion of childhood, adolescent, and young ‘‘(8) SUPPLEMENT NOT SUPPLANT.—Funds pro- ties; and adult cancer cases in State cancer registries vided under this subsection shall be used to sup- (ii) sites located in different geographic areas, through the use of electronic reporting; plement, and not supplant, Federal and non- including rural and urban areas. ‘‘(3) collecting and submitting deidentified Federal funds available for carrying out the ac- (B) ELIGIBLE ENTITIES.—In this subsection, data to the Centers for Disease Control and Pre- tivities described in this subsection. the term ‘‘eligible entity’’ means— ‘‘(9) REPORT.—Not later than 4 years after the vention for inclusion in a national database (i) a medical school; date of enactment of the Childhood Cancer Sur- that includes information on childhood, adoles- (ii) a children’s hospital; (iii) a cancer center; vivorship, Treatment, Access, and Research Act cent, and young adult cancers; and (iv) a community-based medical facility; or of 2018, the Secretary shall submit to Congress a ‘‘(4) improving State cancer registries and the (v) any other entity with significant experi- report on— database described in paragraph (3), as appro- ence and expertise in treating survivors of child- ‘‘(A) the number of biospecimens and cor- priate, including to support the early inclusion hood cancers. responding clinical demographic data collected of childhood, adolescent, and young adult can- (3) USE OF FUNDS.—Funds awarded under this through the biospecimen research efforts sup- cer cases. ‘‘(c) COORDINATION.—To encourage the great- subsection may be used— ported under paragraph (1); (A) to develop, study, or evaluate one or more ‘‘(B) the number of biospecimens and cor- est possible efficiency and effectiveness of feder- models for monitoring and caring for cancer sur- responding clinical demographic data requested ally supported efforts with respect to the activi- vivors; and for use by researchers; ties described in this section, the Secretary shall (B) in developing, studying, and evaluating ‘‘(C) barriers to the collection of biospecimens ensure the appropriate coordination of programs such models, to give special emphasis to— and corresponding clinical demographic data; supported under this section with other feder- (i) design of models of follow-up care, moni- ‘‘(D) barriers experienced by researchers or ally supported cancer registry programs and the toring, and other survivorship programs (includ- health care professionals in accessing the bio- activities under section 417E(a), as appro- ing peer support and mentoring programs); specimens and corresponding clinical demo- priate.’’; and (ii) development of models for providing multi- graphic data necessary for use in research; and (4) in subsection (d), as so redesignated, by ‘‘(E) recommendations with respect to improv- striking ‘‘registry established pursuant to sub- disciplinary care; (iii) dissemination of information to health ing the biospecimen and biorepository research section (a)’’ and inserting ‘‘activities described care providers about culturally and linguis- efforts under this subsection. in this section’’. tically appropriate follow-up care for cancer ‘‘(10) DEFINITIONS.—For purposes of this sub- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- survivors and their families, as appropriate and section: tion 417E(d) of the Public Health Service Act (42 practicable; ‘‘(A) AWARD.—The term ‘award’ includes a U.S.C. 285a–11(d)) is amended— (iv) development of psychosocial and support grant, contract, or cooperative agreement deter- (1) by striking ‘‘2009 through 2013’’ and insert- programs to improve the quality of life of cancer mined by the Secretary. ing ‘‘2019 through 2023’’; and survivors and their families, which may include ‘‘(B) BIOSPECIMEN.—The term ‘biospecimen’ (2) by striking the second sentence. includes— peer support and mentoring programs; ‘‘(i) solid tumor tissue or bone marrow; Subtitle B—Pediatric Expertise at NIH (v) design of systems for the effective transfer ‘‘(ii) normal or control tissue; SEC. 111. INCLUSION OF AT LEAST ONE PEDI- of treatment information and care summaries ‘‘(iii) blood and plasma; ATRIC ONCOLOGIST ON THE NA- from cancer care providers to other health care ‘‘(iv) DNA and RNA extractions; TIONAL CANCER ADVISORY BOARD. providers (including risk factors and a plan for ‘‘(v) familial DNA; and Clause (iii) of section 406(h)(2)(A) of the Pub- recommended follow-up care); ‘‘(vi) any other sample relevant to cancer re- lic Health Service Act (42 U.S.C. 284a(h)(2)(A)) (vi) dissemination of the information and pro- search, as required by the Secretary. is amended— grams described in clauses (i) through (v) to

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 6333 E:\CR\FM\A22MR6.105 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1977 other health care providers (including primary on pediatric cancer survivors within minority or SEC. 2. FEDERAL TASK FORCE TO SUPPORT care physicians and internists) and to cancer other medically underserved populations, the GRANDPARENTS RAISING GRAND- survivors and their families, where appropriate Director of NIH shall ensure that such research CHILDREN. and in accordance with Federal and State law; addresses both the physical and the psycho- (a) ESTABLISHMENT.—There is established a and logical needs of such survivors, as appro- Federal Task Force to Support Grandparents (vii) development of initiatives that promote priate.’’. Raising Grandchildren (referred to in this section as the ‘‘Task Force’’). the coordination and effective transition of care SEC. 203. BEST PRACTICES FOR LONG-TERM FOL- (b) OLDER RELATIVE CAREGIVER.—In this sec- between cancer care providers, primary care LOW-UP SERVICES FOR PEDIATRIC tion, the term ‘‘older relative caregiver’’ has the physicians, mental health professionals, and CANCER SURVIVORS. meaning given the term under section 372(a)(3) other health care professionals, as appropriate, The Secretary of Health and Human Services of the National Family Caregiver Support (42 including models that use a team-based or may facilitate the identification of best practices U.S.C. 3030s(a)(3)). multi-disciplinary approach to care. for childhood and adolescent cancer survivor- (c) MEMBERSHIP.— ship care, and, as appropriate, may consult (b) WORKFORCE DEVELOPMENT FOR HEALTH (1) IN GENERAL.—The Task Force shall be CARE PROVIDERS ON MEDICAL AND PSYCHO- with individuals who have expertise in late ef- composed of the following members, or their des- SOCIAL CARE FOR CHILDHOOD CANCER SUR- fects of disease and treatment of childhood and ignee: VIVORS.— adolescent cancers, which may include— (A) The Secretary of Health and Human Serv- (1) IN GENERAL.—The Secretary shall, not (1) oncologists, which may include pediatric ices. later than 1 year after the date of enactment of oncologists; (B) The Attorney General. this Act, conduct a review of the activities of the (2) primary care providers engaged in survi- (C) The Administrator of the Administration Department of Health and Human Services re- vorship care; for Community Living. lated to workforce development for health care (3) survivors of childhood and adolescent can- (D) The Director of the Centers for Disease providers who treat pediatric cancer patients cer; Control and Prevention. and survivors. Such review shall include— (4) parents of children and adolescents who (E) The Assistant Secretary for Mental Health (A) an assessment of the effectiveness of sup- have been diagnosed with and treated for can- and Substance Use. portive psychosocial care services for pediatric cer and parents of long-term survivors; (F) The Assistant Secretary for the Adminis- cancer patients and survivors, including pedi- (5) nurses and social workers; tration for Children and Families. (6) mental health professionals; atric cancer survivorship care patient naviga- (G) The Director of the Indian Health Service. (7) allied health professionals, including phys- (H) The Administrator of the Centers for tors and peer support programs; ical therapists and occupational therapists; and (B) identification of existing models relevant Medicare & Medicaid Services. (8) others, as the Secretary determines appro- (I) The head of each Federal department, to providing medical and psychosocial services priate. to individuals surviving pediatric cancers, and agency, or other governmental entity identified SEC. 204. TECHNICAL AMENDMENT. programs related to training for health profes- by the Secretary of Health and Human Services (a) IN GENERAL.—Section 3 of the sionals who provide such services to individuals as having responsibilities, or administering pro- Hematological Cancer Research Investment and surviving pediatric cancers; and grams, relating to the current health, edu- Education Act of 2002 (Public Law 107–172; 116 (C) recommendations for improving the provi- cational, nutritional, and other needs and cur- Stat. 541) is amended by striking ‘‘section 419C’’ sion of psychosocial care for pediatric cancer rent issues affecting older relative caregivers, in- and inserting ‘‘section 417C’’. survivors and patients. cluding grandparents, raising children in their (b) EFFECTIVE DATE.—The amendment made (2) REPORT.—Not later than 2 years after the care. by subsection (a) shall take effect as if included date of enactment of this Act, the Secretary (J) A grandparent raising a grandchild or in section 3 of the Hematological Cancer Re- shall submit to the Committee on Health, Edu- grandchildren as well as another older relative search Investment and Education Act of 2002 cation, Labor, and Pensions of the Senate and caregiver of children. (Public Law 107–172; 116 Stat. 541). (2) LEAD AGENCY.—The Department of Health Committee on Energy and Commerce of the Mr. MCCONNELL. Mr. President, I and Human Services shall be the lead agency for House of Representatives, a report concerning the Task Force. the findings and recommendations from the re- ask unanimous consent that the committee-reported substitute amendment (d) DUTIES.— view conducted under paragraph (1). (1) IN GENERAL.— SEC. 202. GRANTS TO IMPROVE CARE FOR PEDI- be agreed to; that the bill, as amended, (A) INFORMATION.—The Task Force shall ATRIC CANCER SURVIVORS. be considered read a third time and identify, coordinate, and disseminate informa- (a) IN GENERAL.—Section 417E of the Public passed; and that the motion to recon- tion publicly about Federal information, re- Health Service Act (42 U.S.C. 285a–11), as sider be considered made and laid upon sources, and best practices available, on the amended by section 101, is further amended by the table. date of the determination, to help older relative striking subsection (b) and inserting the fol- The PRESIDING OFFICER. Without caregivers, including grandparents, raising chil- lowing: objection, it is so ordered. dren in their care, including those raising chil- ‘‘(b) IMPROVING CARE FOR PEDIATRIC CANCER The committee-reported amendment dren in their care as a result of the opioid crisis, SURVIVORS.— in the nature of a substitute was meet the health, educational, nutritional, and ‘‘(1) RESEARCH ON PEDIATRIC CANCER SURVI- other needs of the children in their care as well VORSHIP.—The Director of NIH, in coordination agreed to. as maintain their own physical and mental with ongoing research activities, may continue The bill (S. 292), as amended, was or- health and emotional well-being. to conduct or support pediatric cancer survivor- dered to be engrossed for a third read- (B) NATIVE AMERICANS.—In carrying out the ship research including in any of the following ing, was read the third time, and duties described in subparagraph (A), the Task areas: passed. Force shall ensure that the needs of Native ‘‘(A) Outcomes of pediatric cancer survivors, Americans (as defined in section 102 of the Older f including within minority or other medically Americans Act of 1965 (42 U.S.C. 3002)) are con- underserved populations and with respect to SUPPORTING GRANDPARENTS sidered. health disparities of such outcomes. RAISING GRANDCHILDREN ACT (2) REPORT.— ‘‘(B) Barriers to follow-up care for pediatric (A) IN GENERAL.—Not later than 360 days cancer survivors, including within minority or Mr. MCCONNELL. Mr. President, I after the date of enactment of this Act, the Task other medically underserved populations. ask unanimous consent that the Sen- Force shall submit a report to the Special Com- ‘‘(C) The impact of relevant factors, which ate proceed to the immediate consider- mittee on Aging, the Committee on Health, Edu- may include familial, socioeconomic, and other ation of Calendar No. 343, S. 1091. cation, Labor, and Pensions, and the Committee environmental factors, on treatment outcomes The PRESIDING OFFICER. The on Finance of the Senate and the Committee on and survivorship. clerk will report the bill by title. Education and the Workforce, the Committee on ‘‘(D) The development of indicators used for The senior assistant legislative clerk Energy and Commerce, and the Committee on long-term follow-up and analysis of the late ef- read as follows: Ways and Means of the House of Representa- fects of cancer treatment for pediatric cancer tives that includes— survivors. A bill (S. 1091) to establish a Federal Task (i) best practices, resources, and other useful ‘‘(E) The identification of, as applicable— Force to Support Grandparents Raising information for older relative caregivers, includ- ‘‘(i) risk factors associated with the late ef- Grandchildren. ing grandparents, raising children in their care; fects of cancer treatment; There being no objection, the Senate and ‘‘(ii) predictors of adverse neurocognitive and proceeded to consider the bill, which (ii) an identification of the gaps in needs of psychosocial outcomes; and had been reported from the Committee older relative caregivers, including grand- ‘‘(iii) the molecular basis of long-term com- on Health, Education, Labor, and Pen- parents, raising children in their care. plications. (B) FINAL REPORT.—Not later than 4 years ‘‘(F) The development of targeted interven- sions, with an amendment to strike all after the date of enactment of this Act, the Task tions to reduce the burden of morbidity borne by after the enacting clause and insert in Force shall submit a final report to the Special cancer survivors in order to protect such cancer lieu thereof the following: Committee on Aging, the Committee on Health, survivors from the late effects of cancer. SECTION 1. SHORT TITLE. Education, Labor, and Pensions, and the Com- ‘‘(2) BALANCED APPROACH.—In conducting or This Act may be cited as the ‘‘Supporting mittee on Finance of the Senate and the Com- supporting research under paragraph (1)(A)(i) Grandparents Raising Grandchildren Act’’. mittee on Education and the Workforce, the

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 6333 E:\CR\FM\A22MR6.105 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1978 CONGRESSIONAL RECORD — SENATE March 22, 2018 Committee on Energy and Commerce, and the ate now proceed to the en bloc consid- The legislative clerk proceeded to Committee on Ways and Means of the House of eration of the following Senate resolu- call the roll and the following Senators Representatives that includes the final findings tions, which were submitted earlier entered the Chamber and answered to of the Task Force, recommendations for future today: S. Res. 445, S. Res. 446, S. Res. their names: actions to address issues faced by older relative caregivers, including grandparents, raising chil- 447, S. Res. 448, and S. Res. 449. [Quorum No. 1 Leg.] dren in their care, and any other useful infor- There being no objection, the Senate Cornyn Johnson McConnell mation. proceeded to consider the resolutions Daines King Risch (3) PROCESS FOR PUBLIC INPUT.—The Task en bloc. Johnson Leahy Force shall establish a process for public input Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. A to inform the identification of, and updates to, consent that the resolutions be agreed quorum is not present. the best practices, resources, and other useful to, the preambles be agreed to, and the information and the gaps in needs described in The majority leader. paragraph (2), including a process for the public motions to reconsider be considered Mr. MCCONNELL. Mr. President, I to submit recommendations to the Task Force made and laid upon the table, all en move to instruct the Sergeant at Arms and an opportunity for public comment. bloc. to request the presence of absent Sen- (e) SUNSET.—The Task Force shall terminate The PRESIDING OFFICER. Without ators, and I ask for the yeas and nays. on the date that is 5 years after the date of en- objection, it is so ordered. The PRESIDING OFFICER. Is there a actment of this Act. The resolutions were agreed to. sufficient second? (f) NONAPPLICABILITY OF FACA.—The Federal The preambles were agreed to. Advisory Committee Act (5 U.S.C. App.) shall There appears to be a sufficient sec- not apply to the Task Force. (The resolutions, with their pre- ond. (g) FUNDING.—No additional funds are au- ambles, are printed in today’s RECORD The question is on agreeing to the thorized to be appropriated to carry out this sec- under ‘‘Submitted Resolutions.’’) motion of the Senator from Kentucky. tion. The Task Force shall be carried out with Mr. MCCONNELL. Mr. President, I The clerk will call the roll. funds otherwise appropriated. suggest the absence of a quorum. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The called the roll. ask unanimous consent that the com- clerk will call the roll. Mr. CORNYN. The following Senators mittee-reported substitute amendment The senior assistant legislative clerk are necessarily absent: the Senator be agreed to, the bill, as amended, be proceeded to call the roll. from North Carolina (Mr. BURR), the considered read a third time and Mr. MCCONNELL. Mr. President, I Senator from Arizona (Mr. MCCAIN), passed, and the motion to reconsider be ask unanimous consent that the order and the Senator from Pennsylvania considered made and laid upon the for the quorum call be rescinded. (Mr. TOOMEY). table. The PRESIDING OFFICER (Mr. The result was announced—yeas 91, The PRESIDING OFFICER. Without JOHNSON). Without objection, it is so nays 6, as follows: objection, it is so ordered. ordered. The committee-reported amendment [Rollcall Vote No. 61 Leg.] f in the nature of a substitute was YEAS—91 agreed to. PROVIDING FOR A CORRECTION IN Baldwin Graham Paul The bill (S. 1091), as amended, was or- THE ENROLLMENT OF H.R. 1625 Barrasso Grassley Perdue Bennet Harris Peters dered to be engrossed for a third read- Mr. MCCONNELL. Mr. President, I Blumenthal Hassan Portman ing, was read the third time, and ask unanimous consent that the Sen- Blunt Hatch Reed passed. Booker Heinrich Risch ate proceed to the immediate consider- Boozman Heitkamp f ation of H. Con. Res. 116, which was re- Roberts Brown Heller Rounds Cantwell Hirono ceived from the House. Sanders NATIONAL CACFP WEEK Capito Hoeven The PRESIDING OFFICER. The Sasse Cardin Inhofe Mr. MCCONNELL. Mr. President, I clerk will report the concurrent resolu- Schatz ask unanimous consent that the Judi- Carper Isakson tion by title. Casey Johnson Schumer ciary Committee be discharged from Cochran Jones Scott The senior assistant legislative clerk Shaheen further consideration of and the Senate read as follows: Collins Kaine now proceed to the consideration of S. Coons Kennedy Shelby A concurrent resolution (H. Con. Res. 116) Cornyn King Smith Res. 405. providing for a correction in the enrollment Cortez Masto Klobuchar Stabenow The PRESIDING OFFICER. Without of H.R. 1625. Crapo Lankford Sullivan objection, it is so ordered. Cruz Leahy Tester The clerk will report the resolution There being no objection, the Senate Daines Manchin Thune by title. proceeded to consider the concurrent Donnelly Markey Tillis resolution. Duckworth McCaskill Udall The senior assistant legislative clerk Durbin McConnell Mr. MCCONNELL. I ask unanimous Van Hollen read as follows: Enzi Menendez Warner A resolution (S. Res. 405) designating the consent that the amendment at the Ernst Merkley Warren Feinstein desk be agreed to, the concurrent reso- Moran Whitehouse third week of March 2018 as ‘‘National Fischer Murkowski Wicker CACFP Week.’’ lution, as amended, be agreed to, and Flake Murphy Wyden the motion to reconsider be considered Gardner Murray There being no objection, the Senate Young proceeded to consider the resolution. made and laid upon the table with no Gillibrand Nelson Mr. MCCONNELL. Mr. President, I intervening action or debate. NAYS—6 ask unanimous consent that the reso- The PRESIDING OFFICER. Without Alexander Corker Lee lution be agreed to, the preamble be objection, it is so ordered. Cassidy Cotton Rubio The amendment (No. 2226) was agreed agreed to, and the motions to recon- NOT VOTING—3 to, as follows: sider be considered made and laid upon Burr McCain Toomey the table. At the end add the following: The PRESIDING OFFICER. Without ‘‘On page 749, line 12, strike ‘and’ through The motion was agreed to. line 14 ‘are’ and insert ‘is’ ’’ objection, it is so ordered. The PRESIDING OFFICER (Mr. The resolution (S. Res. 405) was The concurrent resolution (H. Con. DAINES). A quorum is present. agreed to. Res. 116), as amended, was agreed to. The majority leader. The preamble was agreed to. The PRESIDING OFFICER. The ma- f (The resolution, with its preamble, is jority leader. TARGETED REWARDS FOR THE printed in the RECORD of February 13, f GLOBAL EDUCATION OF HUMAN 2018, under ‘‘Submitted Resolutions.’’) QUORUM CALL TRAFFICKING—Continued f Mr. MCCONNELL. I suggest the ab- Mr. MCCONNELL. Mr. President, I RESOLUTIONS SUBMITTED TODAY sence of a quorum. ask unanimous consent that notwith- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The standing rule XXII, the Senate now ask unanimous consent that the Sen- clerk will call the roll. vote on the motion to invoke cloture

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.106 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1979 on the motion to concur in the House come back the next morning. This is a [Rollcall Vote No. 62 Leg.] amendment to the Senate amendment ridiculous process that we go through YEAS—67 to H.R. 1625; further, that if cloture is where people extort us until we get so Alexander Heinrich Portman invoked, all postcloture time be yield- tired that we are willing to do what- Baldwin Heitkamp Reed ed back and Senator LEE or his des- ever it is they wish for us to do. Bennet Heller Roberts I don’t know what the issues were Blumenthal Hirono Rounds ignee be recognized to make a budget Blunt Hoeven today. For instance, I would love to Rubio point of order; that the majority leader Boozman Inhofe Schatz or his designee be recognized to make a have a week’s debate on an AUMF at Brown Isakson Schumer motion to waive; and that following some point. Now, I can hold this vote Cantwell Jones Scott Capito Kaine Shaheen the disposition of the motion to waive, up on a legitimate issue and say: No, Cardin King Shelby the Senate vote on the motion to con- we are not going to vote until you Carper Klobuchar Casey Lankford Smith cur with further amendment with no agree that we are going to have an Stabenow AUMF debate. I haven’t done that. To Cochran Leahy other intervening action or debate. Collins Manchin Tester The PRESIDING OFFICER. Is there my knowledge, I have never in my life Coons Markey Thune objection? held a vote up. Maybe I did 10 years ago Cornyn McConnell Tillis The Senator from Tennessee. and I can’t remember. Cortez Masto Menendez Udall But I just think that, again, we Donnelly Moran Van Hollen Mr. CORKER. Mr. President, reserv- Duckworth Murkowski Warner ing the right to object, the House sent ought to have a little more certainty Ernst Murphy Whitehouse a bill over today a little after 1 o’clock, around here. I appreciate that people Graham Murray Wyden and it is 11:56 p.m. I know that every have flights in the morning and that Hassan Nelson Young Hatch Peters Senator here has the right to object, there are some codels going out. So I and I assume some people have ob- am not going to object. NAYS—30 jected to voting. However, I am going to discuss with Barrasso Feinstein McCaskill We are not going to close. I had other Members, whether in the future, Booker Fischer Merkley called down earlier and asked the Sec- if we cannot finish our business at a Cassidy Flake Paul Corker Gardner Perdue retary if we are not going to vote by 10 reasonable hour, let’s just come back Cotton Gillibrand Risch o’clock, if we could just vote at 8 the next morning and start. Crapo Grassley Sanders o’clock in the morning. This is ridicu- With that, I do not object. Cruz Harris Sasse The PRESIDING OFFICER. Is there Daines Johnson Sullivan lous. It is juvenile. This is a juvenile Durbin Kennedy Warren process that we go through every time objection? Enzi Lee Wicker we do one of these. Without objection, it is so ordered. NOT VOTING—3 I would respectfully ask our leader, CLOTURE MOTION who has been dealing with a lot Pursuant to rule XXII, the Chair lays Burr McCain Toomey today—and I am glad that he has the before the Senate the pending cloture The PRESIDING OFFICER. On this job he has and I don’t, and the Sec- motion, which the clerk will state. vote, the yeas are 67, the nays are 30. The legislative clerk read as follows: retary has the job that she has and I Three-fifths of the Senators duly cho- don’t—could you explain to us what CLOTURE MOTION sen and sworn having voted in the af- has occurred over the last 11 hours that We, the undersigned Senators, in accord- firmative, the motion is agreed to. keeps us here voting on a bill that we ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby Cloture having been invoked, the mo- all know is going to pass, regardless of move to bring to a close debate on the motion to refer falls. how we vote on it and that has kept us tion to concur in the House amendment to The majority leader. from just going ahead and voting? the Senate amendment to H.R. 1625. Mr. MCCONNELL. Mr. President, I Could you explain to the body, just Mitch McConnell, John Cornyn, Susan ask unanimous consent to withdraw very quickly, what has happened? And M. Collins, Lamar Alexander, Pat Rob- the motion to concur with further could we in the future possibly try to erts, Orrin G. Hatch, David Perdue, Lindsey Graham, Thom Tillis, Lisa amendment and the Senate now vote resolve these things at a decent hour, on the motion to concur. or come back the next morning and Murkowski, Shelley Moore Capito, The PRESIDING OFFICER. Is there vote? Richard Burr, Mike Rounds, John Hoeven, Rob Portman, John Boozman. objection? Mr. MCCONNELL. I would say to my The PRESIDING OFFICER. By unan- Without objection, it is so ordered. good friend from Tennessee—by the imous consent, the mandatory quorum VOTE ON MOTION TO CONCUR way, I am very sorry he has decided to call has been waived. leave the Senate, given how much he The question is, Is it the sense of the The question now occurs on agreeing has obviously enjoyed it today. Senate that debate on the motion to to the motion to concur in the House Mr. CORKER. The changes that have concur in the House amendment to the amendment to the Senate amendment occurred at the White House in the last Senate amendment to H.R. 1625, an act to H.R. 1625. several hours, and this—it has been an to amend the State Department Basic Mr. ROUNDS. I ask for the yeas and unusual day, I will say. Authorities Act of 1956 to include se- nays. Mr. MCCONNELL. Well, my good vere forms of trafficking in persons The PRESIDING OFFICER. Is there a friend from Tennessee knows that my within the definition of transnational sufficient second? principal responsibility is begging, organized crime for purposes of the re- There is a sufficient second. pleading, and cajoling. I have been in wards program of the Department of The clerk will call the roll. continuous discussions, shall I say, State, and for other purposes, shall be with several of our Members who were The senior assistant legislative clerk brought to a close? called the roll. legitimately unhappy about one aspect The yeas and nays are mandatory or another, and they spent a lot of time Mr. CORNYN. The following Senators under the rule. are necessarily absent: the Senator thinking over whether or not they The clerk will call the roll. form North Carolina (Mr. BURR), the wanted to expedite the process. I must The legislative clerk called the roll. say, after a long and intense day of Mr. CORNYN. The following Senators Senator form Arizona (Mr. MCCAIN), such discussions with several of our are necessarily absent: the Senator and the Senator from Pennsylvania (Mr. TOOMEY). Members who have legitimate con- from North Carolina (Mr. BURR), the cerns, I am relieved, rather than de- Senator from Arizona (Mr. MCCAIN), Further, if present and voting, the pressed, that we might be able to actu- and the Senator from Pennsylvania Senator from Pennsylvania (Mr. ally finish tonight. (Mr. TOOMEY). TOOMEY) would have voted ‘‘nay’’. Mr. CORKER. Well, if I could, reserv- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Are there ing the right to object, I would like for PERDUE). Are there any other Senators any other Senators in the Chamber de- us to have some degree of discussion in the Chamber desiring to vote? siring to Vote? about this in the future—either to fin- The yeas and nays resulted—yeas 67, The result was announced—yeas 65, ish our business at a normal time or to nays 30, as follows: nays 32, as follows:

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.101 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1980 CONGRESSIONAL RECORD — SENATE March 22, 2018 [Rollcall Vote No. 63 Leg.] LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- YEAS—65 Mr. MCCONNELL. Mr. President, I ture motion having been presented Alexander Hatch Portman move to proceed to legislative session. under rule XXII, the Chair directs the Baldwin Heinrich Reed The PRESIDING OFFICER. The clerk to read the motion. Bennet Heitkamp Roberts The legislative clerk read as follows: Blumenthal Heller Rounds question is on agreeing to the motion. Blunt Hirono Rubio The motion was agreed to. CLOTURE MOTION Boozman Hoeven Schatz We, the undersigned Senators, in accord- f Brown Inhofe Schumer ance with the provisions of rule XXII of the Cantwell Isakson Scott Capito Jones EXECUTIVE SESSION Standing Rules of the Senate, do hereby Shaheen Cardin Kaine move to bring to a close debate on the nomi- Shelby Carper King nation of Patrick Pizzella, of Virginia, to be Smith Casey Klobuchar EXECUTIVE CALENDAR Deputy Secretary of Labor. Cochran Leahy Stabenow Mitch McConnell, Richard Burr, Mike Collins Manchin Tester Mr. MCCONNELL. Mr. President, I Thune Crapo, John Thune, Pat Roberts, David Coons McConnell move to proceed to executive session to Perdue, Michael B. Enzi, Lamar Alex- Cornyn Menendez Udall Cortez Masto Moran Van Hollen consider Calendar No. 728. ander, John Boozman, Thom Tillis, Donnelly Murkowski Warner The PRESIDING OFFICER. The Tim Scott, James M. Inhofe, John Duckworth Murphy Whitehouse question is on agreeing to the motion. Hoeven, Mike Rounds, John Cornyn, Durbin Murray Wicker John Barrasso, Jerry Moran. Graham Nelson Wyden The motion was agreed to. Hassan Peters Young The PRESIDING OFFICER. The f clerk will report the nomination. NAYS—32 The legislative clerk read the nomi- LEGISLATIVE SESSION Barrasso Fischer McCaskill nation of John F. Ring, of the District Booker Flake Merkley Mr. MCCONNELL. Mr. President, I Cassidy Gardner Paul of Columbia, to be a Member of the Na- Corker Gillibrand Perdue tional Labor Relations Board for the move to proceed to legislative session. Cotton Grassley Risch term of five years expiring December The PRESIDING OFFICER. The Crapo Harris Sanders 16, 2022. question is on agreeing to the motion. Cruz Johnson Sasse The motion was agreed to. Daines Kennedy Sullivan CLOTURE MOTION Enzi Lankford Tillis C Ernst Lee Mr. M CONNELL. Mr. President, I f Warren Feinstein Markey send a cloture motion to the desk. The PRESIDING OFFICER. The clo- NOT VOTING—3 EXECUTIVE SESSION ture motion having been presented Burr McCain Toomey under rule XXII, the Chair directs the The motion was agreed to. clerk to read the motion. The PRESIDING OFFICER. The ma- The legislative clerk read as follows: EXECUTIVE CALENDAR jority leader. CLOTURE MOTION Mr. MCCONNELL. Mr. President, I move to proceed to executive session to f We, the undersigned Senators, in accordance with the provisions of rule XXII of the consider Calendar No. 666. The PRESIDING OFFICER. The EXECUTIVE SESSION Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- question is on agreeing to the motion. nation of John F. Ring, of the District of Co- The motion was agreed to. lumbia, to be a Member of the National The PRESIDING OFFICER. The EXECUTIVE CALENDAR Labor Relations Board for the term of five clerk will report the nomination. years expiring December 16, 2022. The legislative clerk read the nomi- Mr. MCCONNELL. Mr. President, I Mitch McConnell, Mike Crapo, John move to proceed to executive session to Thune, Pat Roberts, David Perdue, Mi- nation of Andrew Wheeler, of Virginia, consider Calendar No. 539. chael B. Enzi, Lamar Alexander, John to be Deputy Administrator of the En- The PRESIDING OFFICER. The Boozman, Thom Tillis, James M. vironmental Protection Agency. question is on agreeing to the motion. Inhofe, John Hoeven, Mike Rounds, CLOTURE MOTION John Cornyn, Richard Burr, Tim Scott, The motion was agreed to. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The John Barrasso, Jerry Moran. send a cloture motion to the desk. clerk will report the nomination. f The PRESIDING OFFICER. The clo- The legislative clerk read the nomi- LEGISLATIVE SESSION ture motion having been presented nation of Claria Horn Boom, of Ken- under rule XXII, the Chair directs the tucky, to be United States District Mr. MCCONNELL. Mr. President, I clerk to read the motion. Judge for the Eastern and Western Dis- move to proceed to legislative session. The legislative clerk read as follows: The PRESIDING OFFICER. The tricts of Kentucky. CLOTURE MOTION CLOTURE MOTION question is on agreeing to the motion. The motion was agreed to. We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I ance with the provisions of rule XXII of the send a cloture motion to the desk. f Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- The PRESIDING OFFICER. The clo- EXECUTIVE SESSION ture motion having been presented nation of Andrew Wheeler, of Virginia, to be under rule XXII, the Chair directs the Deputy Administrator of the Environmental Protection Agency. clerk to read the motion. EXECUTIVE CALENDAR Mitch McConnell, Jerry Moran, Deb The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I Fischer, John Barrasso, Johnny Isak- CLOTURE MOTION move to proceed to executive session to son, Thom Tillis, Roy Blunt, Mike We, the undersigned Senators, in accord- Rounds, Steve Daines, James M. consider Calendar No. 605. Inhofe, Shelley Moore Capito, John ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby Cornyn, John Boozman, John Thune, move to bring to a close debate on the nomi- question is on agreeing to the motion. Roger F. Wicker, John Hoeven. nation of Claria Horn Boom, of Kentucky, to The motion was agreed to. be United States District Judge for the East- The PRESIDING OFFICER. The f ern and Western Districts of Kentucky. clerk will report the nomination. Mitch McConnell, Jerry Moran, John The legislative clerk read the nomi- LEGISLATIVE SESSION Cornyn, John Hoeven, John Kennedy, nation of Patrick Pizzella, of Virginia, Mr. MCCONNELL. Mr. President, I Johnny Isakson, Chuck Grassley, Cory to be Deputy Secretary of Labor. Gardner, James E. Risch, Thom Tillis, move to proceed to legislative session. Pat Roberts, David Perdue, Mike CLOTURE MOTION The PRESIDING OFFICER. The Rounds, John Thune, Roy Blunt, Rich- Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. ard Burr, Tom Cotton. send a cloture motion to the desk. The motion was agreed to.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.100 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1981 EXECUTIVE SESSION move to bring to a close debate on the nomi- an important issue. People who have nation of Rebecca Grady Jennings, of Ken- terminal illnesses deserve every oppor- tucky, to be United States District Judge for tunity and chance at survival, and I EXECUTIVE CALENDAR the Western District of Kentucky. look forward to working with my col- Mitch McConnell, John Hoeven, John Mr. MCCONNELL. Mr. President, I Kennedy, Johnny Isakson, Jerry leagues and moving forward on the move to proceed to executive session to Moran, Cory Gardner, John Cornyn, Senate bill. consider Calendar No. 540. James E. Risch, Thom Tillis, Pat Rob- With that, Mr. President, I object. The PRESIDING OFFICER. The erts, David Perdue, Mike Rounds, John The PRESIDING OFFICER. Objec- question is on agreeing to the motion. Thune, Roy Blunt, Richard Burr, Tom tion is heard. The motion was agreed to. Cotton, Jeff Flake. The Senator from Wisconsin. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Mr. JOHNSON. Mr. President, I do clerk will report the nomination. ask unanimous consent that the man- want to point out the fact that the The legislative clerk read the nomi- datory quorum calls for the cloture Right to Try bill only allows access to nation of John W. Broomes, of Kansas, motions be waived. drugs that have already passed phase 1 to be United States District Judge for The PRESIDING OFFICER. Without safety approval from the FDA. There the District of Kansas. objection, it is so ordered. has been an awful lot of misunder- The PRESIDING OFFICER. The Sen- standing from that standpoint. CLOTURE MOTION ator from Wisconsin. All we are asking is, what this bill Mr. MCCONNELL. I send a cloture UNANIMOUS CONSENT REQUEST—H.R. 5247 would do is allow terminal patients motion to the desk. Mr. JOHNSON. Mr. President, I real- who have no other options—they have The PRESIDING OFFICER. The clo- ize the hour is late. I will move quickly exhausted all treatment options, they ture motion having been presented to my unanimous consent request, but do not qualify for a clinical trial, they under rule XXII, the Chair directs the I want to quickly state that this is so are near death or, according to the clerk to read the motion. important that this can’t wait, and I House bill, subject to severely pre- The legislative clerk read as follows: am really asking a pretty simple re- mature death. It just gives those indi- CLOTURE MOTION quest of my colleagues that we stop viduals the right to choose for them- We, the undersigned Senators, in accord- playing games with people’s lives be- selves, not have a faceless bureaucrat ance with the provisions of rule XXII of the cause it is well past time that we at the FDA make that decision. Standing Rules of the Senate, do hereby passed the Right to Try. The Trickett We passed this unanimously from the move to bring to a close debate on the nomi- good efforts of my colleague, the Sen- nation of John W. Broomes, of Kansas, to be Wendler, Frank Mongiello, Jordan United States District Judge for the District McLinn, and Matthew Bellina Right to ator from Indiana, who will speak of Kansas. Try Act of 2018. shortly, but also Senators Alexander Mitch McConnell, John Hoeven, John We passed this unanimously through and Murray. We spent many hours in Kennedy, Johnny Isakson, Cory Gard- the Senate in August. The House has discussion crafting a bill that passed ner, John Cornyn, James E. Risch, acted now. I am just asking my col- unanimously. Thom Tillis, Pat Roberts, Jerry Moran, leagues, please, these desperate pa- By the way, that didn’t surprise me David Perdue, Mike Rounds, John tients are terminally ill, and they have because out of the 39 States that Thune, Roy Blunt, Richard Burr, Tom passed Right to Try through their leg- Cotton, Jeff Flake. waited far too long. Mr. President, I ask unanimous con- islature, 38 have passed it and signed it f sent that the Senate proceed to the im- into law. Of the legislators who voted LEGISLATIVE SESSION mediate consideration of H.R. 5247, for Right to Try, 98 percent have voted which was received from the House. I yes. That is a vote tally of 5,604 to 126 Mr. MCCONNELL. Mr. President, I ask unanimous consent that the bill be because it makes so much sense to give move to proceed to legislative session. considered read a third time and passed those terminally ill patients the free- The PRESIDING OFFICER. The and the motion to reconsider be consid- dom to make those decisions them- question is on agreeing to the motion. ered made and laid upon the table. selves. The motion was agreed to. The PRESIDING OFFICER. Is there The good news is, the House passed f objection? the Right to Try bill—not unanimously—with bipartisan support. The EXECUTIVE SESSION The Democratic leader. Mr. SCHUMER. Mr. President, re- vote was 267 to 149, and 35 Democrats serving the right to object, and I will joined, most Republicans voting yes. A EXECUTIVE CALENDAR object. lot of that was due to the good efforts I just want to make clear that I am from my Democratic colleague, the Mr. MCCONNELL. Mr. President, I sympathetic to the goals my friends Senator from Indiana. move to proceed to executive session to from Wisconsin and Indiana are trying I want to give a brief history on consider Calendar No. 541. to accomplish. In fact, the Senate has Right to Try in terms of my involve- The PRESIDING OFFICER. The already passed a version of this bill ment. I first went to the Goldwater In- question is on agreeing to the motion. once and dedicated time to work on the stitute in 2014. They, through their ef- The motion was agreed to. outstanding issues to get a good com- forts, decided to go through the strat- The PRESIDING OFFICER. The promise and pass it into law and pass it egy of having States pass it, and Colo- clerk will report the nomination. into law quickly. rado was the first State to pass Right The legislative clerk read the nomi- I believe we all support the goals of to Try in 2014. nation of Rebecca Grady Jennings, of safety and increasing access of inves- Shortly after that meeting, I met a Kentucky, to be United States District tigational drugs for terminally ill peo- young mom, Trickett Wendler, a moth- Judge for the Western District of Ken- ple, but the key is we need to ensure er of three children. She had ALS. I tucky. there are safety mechanisms in place just mentioned the fact that I had met CLOTURE MOTION when we do this. A significant part of with the Goldwater Institute, and I was Mr. MCCONNELL. Mr. President, I that is making sure the FDA is part of fully in support of Right to Try, and send a cloture motion to the desk. the process. They already have an ex- tears started streaming down the face The PRESIDING OFFICER. The clo- panded access program. We need to en- of Trickett Wendler. That is when I de- ture motion having been presented sure that we are not increasing the cided to become the champion and lead under rule XXII, the Chair directs the risk of patient harm or endangering sponsor of Right to Try in this body. clerk to read the motion. clinical trials so lifesaving drugs can Unfortunately, Trickett Wendler lost The legislative clerk read as follows: continue to be developed and people her battle with ALS in March of 2015. CLOTURE MOTION have access to them. I want to briefly mention the other We, the undersigned Senators, in accord- So I assure my colleagues that we individuals for whom this bill is ance with the provisions of rule XXII of the will work together to get something named. Matt Bellina, a former lieuten- Standing Rules of the Senate, do hereby done, and done quickly, because this is ant commander, Navy pilot, married to

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.114 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1982 CONGRESSIONAL RECORD — SENATE March 22, 2018 his wife Caitlyn Bellina, and he has sions and he signed up additional peo- The PRESIDING OFFICER. Without three boys. ple under the Texas Right to Try laws. objection, it is so ordered. In the end, he signed up 176 people. This is what Matt Bellina said in tes- f timony: We just checked with Dr. Delpassand, Please let them know that I have had ALS and 148 of those individuals are still MEASURE READ THE FIRST too long to meet the exclusion criteria for alive today because of his courage. TIME—H.R. 5247 any promising trials. No drug company will That is why we need to pass a Federal Mr. JOHNSON. Mr. President, I un- offer me treatments under the current ex- Right to Try law, so individuals with panded access guidelines. Two reputable derstand there is a bill at the desk, and that level of courage don’t risk their I ask for its first reading. companies have already indicated that they careers, and those patients have a would try to treat me under the rules of this The PRESIDING OFFICER. The bill. A vote against this is essentially a vote chance to live. clerk will read the bill by title for the to kill me. It is a vote to make my wife a I would like to yield to the Senator first time. widow and leave my boys fatherless. I can’t from Indiana for his remarks. The legislative clerk read as follows: stop anyone from voting that way, but The PRESIDING OFFICER. The Sen- A bill (H.R. 5247) to authorize the use of el- please ask them to have respect to look my ator from Indiana. igible investigational drugs by eligible pa- family in the eye when they cast their vote. Mr. DONNELLY. Thank you, Mr. tients who have been diagnosed with a stage Frank Mongiello is another victim of President, and thank you to the Sen- of a disease or condition in which there is ALS. I just met with him a few hours ator from Wisconsin. reasonable likelihood that death will occur ago. I first met with him when he could I echo my support for this legisla- within a matter of months, or with another speak—he can no longer speak—but he tion. We worked together nonstop to eligible illness, and for other purposes. spoke at our press conference, and here get this accomplished, as has been Mr. JOHNSON. I now ask for a second is his quote. He paraphrased Abraham mentioned. reading and, in order to place the bill Lincoln and he said: This passed the Senate 100 to nothing on the calendar under the provisions of already. We are hopeful to wrap this President Lincoln said, ‘‘If I am killed, I rule XIV, I object to my own request. die only once; but if I dread it, I die over and up. The House just sent us a vote back, The PRESIDING OFFICER. Objec- over again.’’ and we will continue to work nonstop tion is heard. Frank went on to say: to get this done because it is the right The bill will be read for the second thing to do. time on the next legislative day. I have an 80-percent chance to be dead in 2 I think of the McLinn family in my years, and, for me, seeing these potential f drugs out on the market and not being able home State, and they are a representa- to take them is like dying over and over tion of families all over the country STRENGTHENING PROTECTIONS again. struggling with the same challenges. FOR SOCIAL SECURITY BENE- The final namesake of this bill is lit- Our job is to try to make their lives a FICIARIES ACT OF 2018 little bit easier, a little bit better, so tle Jordan McLinn. We met him when Mr. JOHNSON. Mr. President, I ask he was 6 years old, and now he is 8. His that all of the people who are struggling with Right to Try challenges can unanimous consent that the Com- mother Laura is a tireless advocate. I mittee on Finance be discharged from know the Senator from Indiana knows get a chance to live their life to the fullest and for a long time. further consideration of H.R. 4547 and the McLinns well. the Senate proceed to its immediate The FDA advisory committee on So, the hour is late. I just want to consideration. April 25 heard from, I think, 55 wit- second the efforts of my friend and col- The PRESIDING OFFICER. Without nesses about a drug called eteplirsen to league from Wisconsin, and we will objection, it is so ordered. treat Duchenne’s muscular dystrophy. continue to move forward. The clerk will report the bill by title. The advisory committee, having heard The PRESIDING OFFICER. The Sen- The senior assistant legislative clerk from people like Laura and Jordan ator from Wisconsin. Mr. JOHNSON. Mr. President, I read as follows: McLinn wanting access to that drug, thank the Senator from Indiana who voted no. Fortunately, the FDA—and A bill (H.R. 4547) to amend titles II, VIII, has been a real champion and a real and XVI of the Social Security Act to im- this is pretty rare—overruled the advi- partner. I know he tried to get as many prove and strengthen the representative pay- sory committee, and Jordan now is at House Members to vote for the House ment program. least being treated. They are tireless bill as he could. There being no objection, the Senate advocates for Right to Try. By the way, that was the good news. proceeded to consider the bill. These are the people we need to help. I am calling on the House now, since Mr. JOHNSON. I ask unanimous con- These are the people whom Right to we have an objection in the Senate on sent that the bill be considered read a Try was meant for. their bill, to please take up the Senate third time and passed and the motion I don’t know why it took the House 7 bill. It is a nonpartisan bill that passed to reconsider be considered made and months to craft a bill and finally vote unanimously through the Senate. laid upon the table. on it. I can’t tell you how many people Don’t wait another hour. I know they The PRESIDING OFFICER. Without during that 7 months sought treatment are in recess for a couple weeks, but I objection, it is so ordered. in other countries. I can’t tell you if am calling on them, as soon as they The bill (H.R. 4547) was ordered to a anyone during that time period pos- come back from recess, take up the third reading, was read the third time, sibly lost their life because they didn’t Senate bill, pass it, and get it on the and passed. have access to treatment. I don’t know President’s desk. It is well past time to why the House felt compelled to f give these patients, these terminally change the bill that we carefully craft- ill patients and their families, the SIGNING AUTHORITY ed that passed unanimously. I don’t Right to Try and the right to hope. So know why they simply didn’t take up Mr. JOHNSON. Mr. President, I ask I want to again thank the Senator the Senate bill and pass it, but I do unanimous consent that the junior from Indiana. know Right to Try saves lives. Senator from Oklahoma be authorized I will quote one example, Dr. f to sign duly enrolled bills or joint reso- Delpassand, a courageous oncologist LEGISLATIVE SESSION lutions from Friday, March 23, through from Houston. He was engaged in an Monday, March 26, 2018. FDA trial treating an aggressive form The PRESIDING OFFICER. Without of endocrine cancer. It was working. So MORNING BUSINESS objection, it is so ordered. he petitioned the FDA to allow addi- Mr. JOHNSON. Mr. President, I ask f tional patients to be added to the trial. unanimous consent that the Senate re- The FDA said no, but Dr. Delpassand sume legislative session for a period of APPOINTMENTS AUTHORITY had a Right to Try bill in Texas. It morning business, with Senators per- Mr. JOHNSON. Mr. President, I ask didn’t have liability protection. He mitted to speak therein for up to 10 unanimous consent that notwith- risked his career and all of his posses- minutes each. standing the upcoming adjournment of

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.119 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 22, 2018 CONGRESSIONAL RECORD — SENATE S1983 the Senate, the President of the Sen- CONSTRUCTION AND DEVELOPMENT, UNITED STATES CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE GOVERNOR OF THE AFRICAN DEVELOPMENT FUND, AND AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ate, the President pro tempore, and the UNITED STATES GOVERNOR OF THE ASIAN DEVELOP- 601: majority and minority leaders be au- MENT BANK. To be lieutenant general INTERNATIONAL MONETARY FUND thorized to make appointments to com- MAJ. GEN. DAVID D. THOMPSON STEVEN T. MNUCHIN, OF CALIFORNIA, TO BE UNITED missions, committees, boards, con- IN THE NAVY ferences or interparliamentary con- STATES GOVERNOR OF THE INTERNATIONAL MONETARY FUND, UNITED STATES GOVERNOR OF THE AFRICAN DE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ferences authorized by law, by concur- VELOPMENT BANK, UNITED STATES GOVERNOR OF THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED rent action of the two Houses, or by INTER–AMERICAN DEVELOPMENT BANK, AND UNITED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND STATES GOVERNOR OF THE INTERNATIONAL BANK FOR RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: order of the Senate. RECONSTRUCTION AND DEVELOPMENT FOR A TERM OF The PRESIDING OFFICER. Without FIVE YEARS. To be admiral objection, it is so ordered. DEPARTMENT OF STATE VICE ADM. CHRISTOPHER W. GRADY CARLOS TRUJILLO, OF FLORIDA, TO BE PERMANENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f REPRESENTATIVE OF THE UNITED STATES OF AMERICA IN THE UNITED STATES NAVY TO THE GRADE INDICATED TO THE ORGANIZATION OF AMERICAN STATES, WITH THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ORDERS FOR MONDAY, MARCH 26, RANK OF AMBASSADOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2018, THROUGH MONDAY, APRIL 9, DEPARTMENT OF ENERGY To be vice admiral 2018 ANNE MARIE WHITE, OF MICHIGAN, TO BE AN ASSIST- REAR ADM. TIMOTHY J. WHITE Mr. JOHNSON. Mr. President, I ask ANT SECRETARY OF ENERGY (ENVIRONMENTAL MAN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AGEMENT). IN THE UNITED STATES NAVY TO THE GRADE INDICATED unanimous consent that when the Sen- BRENT K. PARK, OF TENNESSEE, TO BE DEPUTY AD- UNDER TITLE 10, U.S.C., SECTION 624: MINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERA- ate completes its business today, it ad- To be rear admiral (lower half) journ, to then convene for pro forma TION, NATIONAL NUCLEAR SECURITY ADMINISTRATION. DEPARTMENT OF LABOR CAPT. DAVID A. WELCH sessions only, with no business being THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES EDWIN WILLIAMS, OF UTAH, TO BE CHIEF FI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED conducted, on the following dates and NANCIAL OFFICER, DEPARTMENT OF LABOR. times, and that following each pro WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF EDUCATION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: forma session, the Senate adjourn until MARK SCHNEIDER, OF THE DISTRICT OF COLUMBIA, TO To be vice admiral the next pro forma session: Monday, BE DIRECTOR OF THE INSTITUTE OF EDUCATION REAR ADM. SCOTT A. STEARNEY March 26 at 11:30 a.m.; Thursday, SCIENCE, DEPARTMENT OF EDUCATION FOR A TERM OF March 29 at 3:45 p.m.; Monday, April 2 SIX YEARS. DEPARTMENT OF STATE at 12 noon; Thursday, April 5 at 11:30 IN THE ARMY ROBERT FRANK PENCE, OF VIRGINIA, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING NAMED ARMY NATIONAL GUARD OF a.m. I further ask that when the Sen- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE UNITED STATES OFFICER FOR APPOINTMENT IN FINLAND. ate adjourns on Thursday, April 5, it THE RESERVE OF THE ARMY TO THE GRADE INDICATED EDWARD CHARLES PRADO, OF TEXAS, TO BE AMBAS- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: next convene at 3 p.m. on Monday, SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF April 9; and that following the prayer To be major general THE UNITED STATES OF AMERICA TO THE ARGENTINE REPUBLIC. and pledge, the morning hour be BRIG. GEN. TIMOTHY J. HILTY TREVOR D. TRAINA, OF CALIFORNIA, TO BE AMBAS- deemed expired, the Journal of pro- IN THE NAVY SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ceedings be approved to date, the time THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUSTRIA. for the two leaders be reserved for their IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND INTERNATIONAL BANK FOR RECONSTRUCTION use later in the day, and morning busi- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND DEVELOPMENT ness be closed; further, that following To be vice admiral ERIK BETHEL, OF FLORIDA, TO BE UNITED STATES AL- leader remarks, the Senate proceed to TERNATE EXECUTIVE DIRECTOR OF THE INTER- VICE ADM. MATTHEW J. KOHLER NATIONAL BANK FOR RECONSTRUCTION AND DEVELOP- executive session and resume consider- IN THE AIR FORCE MENT FOR A TERM OF TWO YEARS. ation of the Boom nomination; finally, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EUROPEAN BANK FOR RECONSTRUCTION AND that notwithstanding the provisions of IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DEVELOPMENT CATED UNDER TITLE 10, U.S.C., SECTION 624: rule XXII, the cloture motions filed JUDY LYNN SHELTON, OF VIRGINIA, TO BE UNITED during today’s session ripen at 5:30 To be major general STATES DIRECTOR OF THE EUROPEAN BANK FOR RECON- STRUCTION AND DEVELOPMENT. p.m. on Monday, April 9. BRIG. GEN. VINCENT K. BECKLUND BRIG. GEN. CHARLES S. CORCORAN DEPARTMENT OF STATE The PRESIDING OFFICER. Without BRIG. GEN. BARRY R. CORNISH objection, it is so ordered. BRIG. GEN. CHRISTOPHER E. CRAIGE KEVIN EDWARD MOLEY, OF ARIZONA, TO BE AN ASSIST- BRIG. GEN. ANDREW A. CROFT ANT SECRETARY OF STATE (INTERNATIONAL ORGANIZA- f BRIG. GEN. ALLAN E. DAY TION AFFAIRS). BRIG. GEN. ERIC T. FICK PEACE CORPS ADJOURNMENT UNTIL MONDAY, BRIG. GEN. CHAD P. FRANKS MARCH 26, 2018, AT 11:30 A.M. BRIG. GEN. JOHN R. GORDY II JOSEPHINE OLSEN, OF MARYLAND, TO BE DIRECTOR OF BRIG. GEN. GREGORY M. GUILLOT THE PEACE CORPS. Mr. JOHNSON. Mr. President, if BRIG. GEN. STACEY T. HAWKINS BRIG. GEN. CAMERON G. HOLT DEPARTMENT OF STATE there is no further business to come be- BRIG. GEN. KEVIN A. HUYCK MARIE ROYCE, OF CALIFORNIA, TO BE AN ASSISTANT BRIG. GEN. DAVID J. JULAZADEH fore the Senate, I ask unanimous con- SECRETARY OF STATE (EDUCATIONAL AND CULTURAL BRIG. GEN. KEVIN B. KENNEDY AFFAIRS). sent that it stand adjourned under the BRIG. GEN. KYLE J. KREMER previous order. BRIG. GEN. PETER J. LAMBERT DEPARTMENT OF JUSTICE BRIG. GEN. WILLIAM J. LIQUORI, JR. There being no objection, the Senate, BRIG. GEN. RANDALL REED THOMAS T. CULLEN, OF VIRGINIA, TO BE UNITED at 1:01 a.m., adjourned until Monday, BRIG. GEN. LENNY J. RICHOUX STATES ATTORNEY FOR THE WESTERN DISTRICT OF VIR- BRIG. GEN. CARL E. SCHAEFER GINIA FOR THE TERM OF FOUR YEARS. March 26, 2018, at 11:30 a.m. BRIG. GEN. JOHN E. SHAW ROBERT K. HUR, OF MARYLAND, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF MARYLAND FOR THE f BRIG. GEN. BRAD M. SULLIVAN BRIG. GEN. STEPHEN C. WILLIAMS TERM OF FOUR YEARS. DAVID C. JOSEPH, OF LOUISIANA, TO BE UNITED DISCHARGED NOMINATION IN THE MARINE CORPS STATES ATTORNEY FOR THE WESTERN DISTRICT OF LOUISIANA FOR THE TERM OF FOUR YEARS. The Senate Committee on Environ- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE AIR FORCE ment and Public Works was discharged INDICATED UNDER TITLE 10, U.S.C., SECTION 624: from further consideration of the fol- AIR FORCE NOMINATION OF ARTHUR W. PRIMAS, JR., To be major general TO BE COLONEL. lowing nomination by unanimous con- AIR FORCE NOMINATION OF GREGORY J. PAYNE, TO BE BRIG. GEN. JAMES W. BIERMAN, JR. COLONEL. sent and the nomination was con- BRIG. GEN. DAVID J. FURNESS AIR FORCE NOMINATION OF MICHAEL J. PATTERSON, BRIG. GEN. JOHN M. JANSEN firmed: TO BE LIEUTENANT COLONEL. BRIG. GEN. MICHAEL E. LANGLEY AIR FORCE NOMINATION OF BRAD R. MATHERNE, TO BE TIM THOMAS, OF KENTUCKY, TO BE FEDERAL COCHAIR- BRIG. GEN. DAVID A. OTTIGNON LIEUTENANT COLONEL. MAN OF THE APPALACHIAN REGIONAL COMMISSION. BRIG. GEN. THOMAS D. WEIDLEY AIR FORCE NOMINATION OF JONATHAN A. MORRIS, TO f IN THE AIR FORCE BE MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY CONFIRMATIONS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ARMY NOMINATIONS BEGINNING WITH RACHEL L. Executive nominations confirmed by AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ADAIR AND ENDING WITH D014124, WHICH NOMINATIONS the Senate March 22, 2018: 601: WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 5, 2018. EUROPEAN BANK FOR RECONSTRUCTION AND To be general ARMY NOMINATIONS BEGINNING WITH ROSE ABIDO DEVELOPMENT AND ENDING WITH JOSEPH P . WZOREK II, WHICH NOMI- LT. GEN. TIMOTHY M. RAY NATIONS WERE RECEIVED BY THE SENATE AND AP- STEVEN T. MNUCHIN, OF CALIFORNIA, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY STATES GOVERNOR OF THE EUROPEAN BANK FOR RE- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 5, 2018.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 9801 E:\CR\FM\G22MR6.120 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1984 CONGRESSIONAL RECORD — SENATE March 22, 2018

ARMY NOMINATIONS BEGINNING WITH JOHN P. ARMY NOMINATIONS BEGINNING WITH ASHLEY K. ARMY NOMINATION OF MIKAL L. STONER, TO BE COLO- KILBRIDE AND ENDING WITH JOHN J. NEAL, WHICH NOMI- AITON AND ENDING WITH TRACY L. ZINN, WHICH NOMI- NEL. NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE MARINE CORPS PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY PEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 5, 2018. 2018. MARINE CORPS NOMINATIONS BEGINNING WITH ERIC G. ARMY NOMINATIONS BEGINNING WITH GREGORY J. ARMY NOMINATION OF WILSON R. RAMOS, TO BE COLO- BURNS AND ENDING WITH DAVID P. SHEEHAN, WHICH ABIDE AND ENDING WITH G010452, WHICH NOMINATIONS NEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATION OF CURTIS D. BOWE, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY CONGRESSIONAL RECORD ON FEBRUARY 5, 2018. TENANT COLONEL. 8, 2018. ARMY NOMINATIONS BEGINNING WITH STEVEN ABADIA ARMY NOMINATION OF CARL E. FOSTER III, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH AND ENDING WITH G010479, WHICH NOMINATIONS WERE LIEUTENANT COLONEL. THESOLINA D. HUBERT AND ENDING WITH TIMOTHY W. ARMY NOMINATION OF MICHAEL A. FOWLES, TO BE RECEIVED BY THE SENATE AND APPEARED IN THE CON- WILLIAMS, WHICH NOMINATIONS WERE RECEIVED BY LIEUTENANT COLONEL. GRESSIONAL RECORD ON FEBRUARY 5, 2018. THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF ANDREW K. SINDEN, TO BE ARMY NOMINATION OF STEVEN M. HEMMANN, TO BE RECORD ON JANUARY 18, 2018. LIEUTENANT COLONEL. MAJOR. MARINE CORPS NOMINATIONS BEGINNING WITH BEN- ARMY NOMINATIONS BEGINNING WITH D013264 AND ARMY NOMINATIONS BEGINNING WITH HAYLEY R. JAMIN S. ADAMS AND ENDING WITH CARL L. ZEPPEGNO, ENDING WITH D013298, WHICH NOMINATIONS WERE RE- ASHBAUGH AND ENDING WITH JORDAN N. YOLLES, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CEIVED BY THE SENATE AND APPEARED IN THE CON- AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GRESSIONAL RECORD ON MARCH 6, 2018. AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 5, 2018. ARMY NOMINATION OF CHRISTOPHER F. RUDER, TO BE MARINE CORPS NOMINATION OF AARON J. KING, TO BE MARCH 6, 2018. MAJOR. MAJOR. ARMY NOMINATIONS BEGINNING WITH JEFFREY A. AN- ARMY NOMINATIONS BEGINNING WITH JOHN J. MORRIS DERSON AND ENDING WITH D012878, WHICH NOMINATIONS AND ENDING WITH MIN S. RO, WHICH NOMINATIONS IN THE NAVY WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 2018. CONGRESSIONAL RECORD ON MARCH 12, 2018. NAVY NOMINATION OF JEFFREY G. BENTSON, TO BE ARMY NOMINATIONS BEGINNING WITH AHMAD B. ALEX- ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER COMMANDER. ANDER AND ENDING WITH STEVEN D. ZUMBRUN, WHICH M. BELL AND ENDING WITH ADRIANA B. DEJULIO, WHICH APPALACHIAN REGIONAL COMMISSION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, TIM THOMAS, OF KENTUCKY, TO BE FEDERAL COCHAIR- 2018. 2018. MAN OF THE APPALACHIAN REGIONAL COMMISSION.

VerDate Sep 11 2014 10:28 Mar 23, 2018 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 9801 E:\CR\FM\A22MR6.022 S22MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE