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

Home , Bill Cassidy, Don Siegelman, Roddie Edmonds

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, MONDAY, DECEMBER 17, 2018 No. 198 House of Representatives The House met at 11:30 a.m. and was Pursuant to clause 1, rule I, the Jour- COMMUNICATION FROM CHAIR OF called to order by the Speaker pro tem- nal stands approved. COMMITTEE ON TRANSPOR- pore (Mr. FRANCIS ROONEY of Florida). TATION AND INFRASTRUCTURE f f The SPEAKER pro tempore laid be- DESIGNATION OF THE SPEAKER fore the House the following commu- PRO TEMPORE PLEDGE OF ALLEGIANCE nication from the Chair of the Com- mittee on Transportation and Infra- The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The structure; which was read and, without fore the House the following commu- Chair will lead the House in the pledge objection, referred to the Committee nication from the Speaker: of allegiance. The Speaker pro tempore led the on Appropriations: WASHINGTON, DC, December 17, 2018. Pledge of Allegiance as follows: COMMITTEE ON TRANSPORTATION AND I hereby appoint the Honorable FRANCIS I pledge allegiance to the Flag of the INFRASTRUCTURE, HOUSE OF REP- ROONEY to act as Speaker pro tempore on United States of America, and to the Repub- RESENTATIVES, this day. lic for which it stands, one nation under God, Washington, DC, December 13, 2018. PAUL D. RYAN, indivisible, with liberty and justice for all. Hon. PAUL D. RYAN, Speaker of the House of Representatives. Speaker of the House, House of Representatives, The Capitol, Washington, DC. f f DEAR MR. SPEAKER: On December 12, 2018, PRAYER pursuant to section 3307 of Title 40, United COMMUNICATION FROM THE States Code, the Committee on Transpor- Reverend Dr. Dan C. Cummins, Peo- DEMOCRATIC LEADER tation and Infrastructure met in open ses- ples Church, Jacksonville, Texas, of- sion to consider four resolutions included in fered the following prayer: The SPEAKER pro tempore laid before the House the following commu- the General Services Administration’s Cap- Heavenly Father, Creator of Heaven ital Investment and Leasing Programs. and Earth, Redeemer and Sustainer of nication from the Honorable NANCY The Committee continues to work to re- Life, this season of Hanukkah and PELOSI, Democratic Leader: duce the cost of federal property and leases. Christmas may we never forget: ‘‘Little DECEMBER 17, 2018. The four resolutions considered include two is much when God is in it.’’ Hon. PAUL D. RYAN, construction prospectuses, one alteration A little oil in the Temple Menorah Speaker of the House of Representatives, prospectus, and one lease prospectus and rep- Washington, DC. resent $44 million in savings from avoided should not have lasted 8 days, but it DEAR MR. SPEAKER: Pursuant to section lease costs and space consolidations. did. A widow’s small jars of oil and 1501(c) of the FAA Reauthorization Act of I have enclosed copies of the resolutions flour should not have lasted almost 3 2018 (Pub. L. 115–254), I am pleased to appoint adopted by the Committee on Transpor- years, but they did. They did because Ms. Anne W. Patterson of Falls Church, Vir- tation and Infrastructure on December 12, You, Father, were in it, in the Meno- ginia to the Syria Study Group. 2018. rah, in the jars. Thank you for your consideration of this Sincerely, The little town of Bethlehem was not recommendation. BILL SHUSTER. supposed to bring forth a King, but it Sincerely, Chairman. NANCY PELOSI, Enclosures. did. A young virgin could not give Democratic Leader. birth to the Son of God, but she did. COMMITTEE RESOLUTION They did because You, Father, were in f NEW—U.S. COURTHOUSE, FORT LAUDERDALE, FL it, in a village, in a virgin. Resolved by the Committee on Transportation Father, when we feel so little, remind ADJOURNMENT FROM MONDAY, and Infrastructure of the U.S. House of Rep- us again that we can do the impossible resentatives, that pursuant to 40 U.S.C. § 3307, DECEMBER 17, 2018, TO WEDNES- when God is in it, when God is in us. appropriations are authorized for site acqui- DAY, DECEMBER 19, 2018 In Jesus’ name, Amen. sition and related site work, design and construction of a new U.S. Courthouse of ap- f The SPEAKER pro tempore. Without objection, when the House adjourns proximately 255,000 gross square feet, includ- THE JOURNAL today, it shall adjourn to meet at noon ing approximately 50 inside parking spaces, in Fort Lauderdale, Florida at a site cost of The SPEAKER pro tempore. The on Wednesday, December 19, 2018, for $15,675,000, a design cost of $12,670,000, an es- Chair has examined the Journal of the morning-hour debate and 2 p.m. for leg- timated construction cost of $152,365,000, and last day’s proceedings and announces islative business. a management and inspection cost of to the House his approval thereof. There was no objection. $9,290,000 for a total estimated project cost of

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

H10213

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL18 Congressional District: 22 ·

FY 2018 Project Summary The General Services Administration (GSA) proposes construction of a new U.S. Courthouse of approximately 255,000 gross square feet (GSF), including 50 inside parking spaces, in Fort Lauderdale, FL. The courthouse will meet the 10-year space needs of the courts and court-related agencies, and the site will accommodate the expansion of the building to meet the anticipated 30-year needs of the courts.

FY 2018 House and Senate Committee Ayproval Requested {Site, Design, Management and Inspection, Construction) ...... $190,000,000

FY 2018 Funding {PL 115-141, March 23, 2018} (Site, Design, Management and Inspection, Construction) ...... $190,000,000

Overview of Project The courts and related agencies currently occupy space in the existing Federal Building and U.S. Courthouse in downtown Fort Lauderdale. The new courthouse Will provide 12 courtrooms and 17 chambers consistent with the application of courtroom sharing policies and the provision of no space for projected judgeships. The site for the new courthouse is still to be detennined and may need to be acquired by the Government.

Site Information To Be Detennined ...... Approximately 3-5 acres

Building Area 1 · Gross square feet (excluding inside parking) ...... 232,000 GSF Gi·oss square feet (including inside parking) ...... ; ...... 255,000 GSF Inside parking spaces ...... ,...... :...... 50

1 Square footages are approximate. The project may contain a variance in gross square foo!age from I]Jat l_i,sled in this prospectus. 1

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL18 Congressional District: 22

Estimated Proiect Budget Estimated Site ...... :...... $15,675,000 Estimated Design ...... :...... 12,670,000 Estimated Construction Cost ($598/GSF inclt1ding inside parking) ...... 152,365,000 Estimated Management and Inspection (M&I) ...... 9,290.000 Estimated Total Project Cost (ETPC)* ...... $190,000,0002

*Tenant· agencies may fund an additional amount for alterations above the. standard normally provided by GSA.

Schedule Start· End Design and Construction FY2019 FY 2024

Tenant Agencies U.S. Court. of Appeals, U.S. District Court, U.S. Bankruptcy Court, U.S. Probation Office; U.S. Depart·ment of Justice (DOJ)-Marshals Service; trial preparation space for the Judiciary Federal Public Defender and DOJ Office of the U.S. Attorney; and GSA.

Justification The existing Federal Building and U.S. Courthouse, constructed in 1979, does not meet the United States Courts Design Guide standards and lacks adequate security to meet the standards for Facility Security Leve14 as defined by the Interagency Security Committee. The existing building ~onfiguration does not allow for distinct separation between restricted, secured, and public areas. There are also significant infrastructure issues, including ongoing water intmsion that allows water to enter tenant spaces, and failing stonn drains and flashing systems.

The new courthouse will meet the long-term needs of the courts and provide separate circulation for the public, judges, and prisoners, thereby improving security and the efficiency of court operations.

Design Guide Exception

2 GSA requests approval for an estimated total project cost. The subtotals comprising the estimated project budget are intended to provide a breakdown in support of the ETPC. The actual breakdown of the various subcomponents may differ from what is represented in this prospectus. 2

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GSA PBS

PROSPECTUS · NE\V U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL18 Cmigressional District: 22

The following exception to the U.S. Courts Design Guide was approved by the Eleventh Circuit Judicial Council in 2015. 'I11e Judicial Conference of the United States approved this request on September 13, 2018. 0 Special Proceedings Courtroom in lieu of a standard District Courtroom (additional I ,350 gross square feet) with costs for this exception at approximately $790,000. The Judicial Conference determined that Fort Lauderdale merits a special proceedings courtroom due to complexity of caseload, especially as to multi-defendant cases. · ·

Space Requirements of the U.S. Courts ____ "_,_____ ·=-·~-· ...... ~~~------·-~···---~--· Current Proposed Courtrooms Judges Courtrooms Judges District -Active 5 1* 6 6 -Visiting 0 0** 0 1 ' ; -Senior 1 2 1 3

Court of Appeals ' ' -Active 0 1*** 0 1

2 4 3 4 ra&istrate ' .. Bankruptcy 2·. 2 2 · Total: 10 -fo:~==t" ..... ·· 12 17 . . * Four d1stnct JUdgeshtps m Fort Lauderdale are currently vacant ** Currently no dedicated visiting judge chambers *** Currently in leased space

Summary of Energy Compliance This project will be designed to confonn to requirements of the Facilities Standards for the rPublic Buildings Service. GSA encourages design opportunities to increase energy and water efficiency above the minimum performance criteria.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE. FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC~FLl8 Congressional. District: 22

Future of Existing Federal Building3 GSA plaris to transfer the existing Fort Lauderdale Federal Building and U.S. Courthouse out of the federally owned inventory upon or soon after occupancy of the new courthouse. GSA intends to proceed with established disposal processes to transfer the property, since renovation and backfill by the Government is not cost-effective. Agencies currently located in the existing building that are n9t planned to move into the new courthouse will be relocated to commercial leased space in the surrounding area.

Prior ApproQriations ~~------~------Prior Appropriations Public Law ~ Fiscal Y;;r IAmount Proposed Project ~ -- ,_ - - --~- 115-41 8 $190,000,000 Site, Design, ' Construction, M&I

F=~~-. '·····---- "------~--· . Appropriations-~L~~- to Date $190,000,000

-· • > •••••••• ···~······ *Public Law 115-141 funded $190,000,000 for courthouse construction in Fort Lauderdale, FL, as requested by the Federal Judiciary in its Courthouse Project Priorities list.

Prior Committee Approvals None

3 This section is included to address re~ommendalions in ti1e following Government Accountability Offic( (GAO) Report: Federal Courthouses: Better Planning Needed Regardlng Reuse of Old Courthouse. (GA0~14-48).

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL18 Congressional District: 22

Certification of Need The proposed project is the best solution to meet a validated Government need.

November 13,2018 Submitted at Washington, DC, on~~==--~-~-~---~--~--~--~--~-~~~~~~~~

Recommended:

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H10220 CONGRESSIONAL RECORD — HOUSE December 17, 2018

FI, FI,

Lauderdale, Lauderdale,

PFL-CTC-FL18 PFL-CTC-FL18

Fort Fort

125 125

880 880

250 250

TBD TBD

1,600 1,600

2,940 2,940

2,334 2,334

2,195 2,195

98,782 98,782

55,470 55,470

32,988 32,988

1:>5;275 1:>5;275

Totrti Totrti

USF USF

(USF) (USF)

::18,782 ::18,782

Special Special

Feet Feet

Space Space

I I

Room Room

Total Total

Cells Cells

Chambers Chambers

Square Square

Siiecinl Siiecinl

Storage Storage

______

Lactanon Lactanon

I I

FitnesS FitnesS Courtrooms Courtrooms

Usable Usable

Saltvoort/Elevator Saltvoort/Elevator

Mailroom Mailroom

Judicial Judicial

Detention/Interview Detention/Interview

Holdinv Holdinv

FoOd-Serv1ce!Vendin' FoOd-Serv1ce!Vendin'

437 437

272 272

!.43' !.43'

1,788 1,788

PROPOSED PROPOSED

"450 "450

7,782 7,782

11,165 11,165

23,279 23,279

---:>6;493 ---:>6;493

Office Office

~ ~

J J

2 2

15 15

73 73

12 12

35 35

..,V ..,V

37 37

'J') 'J')

"" ""

44 44

TI'iT-

Total Total

I I

J J

8 8

2 2

-r;---,---

73 73

15 15

......

12 12

"" ""

44 44

37 37

35 35

TJ TJ

"TV "TV

'fl'i/-

Personnei Personnei

Office Office

project project

'" '"

782 782

t::'lo t::'lo

\,031 \,031

1,060 1,060

1,789 1,789

1,397 1,397

complet-ed complet-ed

9,374 9,374

5,058 5,058

1 1

1,639 1,639

2,639 2,639

3,783 3,783

3,633 3,633

2,463 2,463

689 689

2,669 2,669

6,797 6,797

392 392

11,514 11,514

15,514 15,514

13,00 13,00

13,672 13,672

33,099 33,099

Total Total

~ ~

141,808 141,808

the the

I I

of of

> >

876 876

394 394

586 586

607r-6.7'i6 607r-6.7'i6

315 315

,107. ,107.

\,501 \,501

1,849 1,849

(USF) (USF)

8,9211 8,9211

4,801 4,801

2,171 2,171

15,142 15,142

28,181 28,181

2,669 2,669

71,120 71,120

68,451 68,451

Plan Plan

S-peoiol S-peoiol

g g

Feet Feet

and,reyiew and,reyiew

Courthouse Courthouse

I I

T T

....• ....•

U.S. U.S.

Square Square

H~ H~

Storage Storage

New New

rneasvrement rneasvrement

I I

Usable Usable

5 5

"10f "10f

lb'. lb'.

372 372

257 257

3921 3921

742 742

,39~ ,39~

,389! ,389!

CURRENT. CURRENT.

~.6391 ~.6391

upon upon

l%i l%i

4,918 4,918

1,639 1,639

2,463 2,463

6,129 6,129

6,482 6,482

1,462 1,462

11.!56 11.!56

±; ±;

73~357 73~357

73,357 73,357

Office Office

project project

3 3

2 2

9 9

~~ ~~

-I -I

,2 ,2

2 2

28 28

30 30

14 14

37 37

30 30

.s .s

this this

155 155

2471 2471

in in

Totot Totot

I I

listed listed

0 0

2 2

3 3

2 2

9 9

5 5

41----4 41----4

35 35

37 37

14 14

22 22

2 2

30 30

Persormel Persormel

that that

255 255

2471 2471

Office Office

fmm fmm

req~i.rements req~i.rements

define define

footage footage

to to

square square

Div1sion Div1sion

agencies agencies

StandardS StandardS

Office Office

Offices Offices

gross gross

National National

in in

Locations Locations

How· How·

Le.uaf:Statf Le.uaf:Statf

Mng. Mng.

Field Field

of of

and and

OIG OIG

Executive Executive

Security~ Security~

variance variance

Locations Locations

DCAA DCAA

Central Central

a a

ATF ATF

Servrce~Field Servrce~Field

Office Office

Service, Service,

Wage Wage

Locations Locations

Clerk Clerk

Service Service

Serv1ce Serv1ce

Mat!lstrate Mat!lstrate

Federal Federal

U.S~Aitorrie)' U.S~Aitorrie)'

Lease Lease

Blvd. Blvd.

IJ!fTrustees IJ!fTrustees

contain contain

Adm-iniStration Adm-iniStration

\.:vith \.:vith

Labor-

Appeals Appeals

of of oftlie oftlie

Bii!lclinus Bii!lclinus

ofHOffidaiid-Se-CWi~ICE ofHOffidaiid-Se-CWi~ICE

of of

Government-Owned Government-Owned

MaiSfliils MaiSfliils

Courthouse Courthouse

may may

work work

U.S.lVIarshals U.S.lVIarshals

to to

Broward Broward

Office Office

U.S. U.S.

BUsi.n6ss BUsi.n6ss

Use Use

Le-:1Si*-

Public Public

D~.St11.CfCotllt"--

C6wt.oTAppeals C6wt.oTAppeals

COlii:fof COlii:fof

PrObafiOliTffTice PrObafiOliTffTice

DlSukfCoUi{_:::_ DlSukfCoUi{_:::_

DE1r1.CfCmi-i;f,:;-·c;;:andJur' DE1r1.CfCmi-i;f,:;-·c;;:andJur'

Dis-tl1CfCourr-·~--Clerk Dis-tl1CfCourr-·~--Clerk

l'rcib-aiionDffice l'rcib-aiionDffice

Use Use

COitl-fOI".A\..PJii!iifs COitl-fOI".A\..PJii!iifs

E. E.

proje~t proje~t

J.S. J.S.

New New

U.S. U.S.

o:s. o:s.

dSAPu61lc-Buidlmus dSAPu61lc-Buidlmus

U.s-. U.s-.

Joint Joint

U.S. U.S.

DOJ DOJ

Federall3ui1ding-CourthaUse Federall3ui1ding-CourthaUse

NCtV NCtV

1T1t 1T1t

sublof:ll sublof:ll

u.s. u.s.

GSA-010 GSA-010

u:s. u:s.

DoJ·~u:s-~ DoJ·~u:s-~

Deoru.tment Deoru.tment

bOJ; bOJ;

DOT--Office DOT--Office oepartiiieiit'OrAgriculture-

GSA GSA

Depattment Depattment

DepaltrrierifO!JUstice DepaltrrierifO!JUstice

o:-~arrillC~ntOTDI::feOSe~~ o:-~arrillC~ntOTDI::feOSe~~

Small Small

JOint JOint

u.s. u.s.

Vacant Vacant 5{)0 5{)0

Dfii)a:ltrnerit-OlHOmeland Dfii)a:ltrnerit-OlHOmeland

*GSA *GSA

subtotal subtotal

Total Total

The The

~iiitiiientO!Tabor-

2018 2018 October October

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AMENDED COMMITTEE RESOLUTION area included in the prospectus, except that, to directly participate in, or benefit from or LEASE—U.S. DEPARTMENT OF VETERANS if the Administrator determines that the de- under this lease or any part thereof and that AFFAIRS, SAN DIEGO, CA lineated area of the procurement should not such provision provide that if this lease is be identical to the delineated area included Resolved by the Committee on Transportation found to have been made in violation of the in the prospectus, the Administrator shall and Infrastructure of the U.S. House of Rep- foregoing prohibition or it is found that this provide an explanatory statement to the resentatives, that pursuant to 40 U.S.C. § 3307, prohibition has been violated during the Committee on Transportation and Infra- term of the lease, the lease shall be void, ex- appropriations are authorized for a lease of structure of the House of Representatives cept that the foregoing limitation shall not up to 99,986 net usable square feet of space, prior to exercising any lease authority pro- apply if the lease is entered into with a pub- and 550 parking spaces, for the Department vided in this resolution. of Veterans Affairs for a Community Based Provided further, that the design of the out- licly-held corporation or publicly-held entity Outpatient Clinic in San Diego, California at patient clinic shall be consistent with the for the general benefit of such corporation or a proposed unserviced annual cost of U.S. Department of Veterans Affairs’ Com- entity. $5,844,182 for a lease term of up to 20 years, munity Based Outpatient Clinic Prototype Provided further, prior to entering into this a prospectus for which is attached to and in- Proposed Layouts. lease or approving a novation agreement included in this resolution. This resolution Provided further, not later than 30 calendar volving a change of ownership under this amends the Prospectus No. PCA–01–VA17 ap- days after the date on which a request from lease, the Administrator of General Services proved by the Committee on February 28, the Chairman or Ranking Member of the shall require the offeror or the parties re- 2017. Committee on Transportation and Infra- questing the novation, as applicable, to iden- Approval of this prospectus constitutes au- structure of the House of Representatives is tify and disclose whether the owner of the thority to execute an interim lease for all received by the Administrator of General tenants, if necessary, prior to the execution Services, the Administrator shall provide leased space, including an entity involved in of the new lease. such Member a response in writing that pro- the financing thereof, is a foreign person or Provided that, to the maximum extent vides any information requested regarding a foreign-owned entity; provided further, in practicable, the Administrator shall include the project. such an instance, the Administrator of Gen- in the lease contract(s) a purchase option Provided further, the Administrator of Gen- eral Services shall notify the occupant agen- that can be exercised at the conclusion of eral Services may not enter into this lease if cy(ies) in writing, and consult with such oc- the firm term of the lease. it does not contain a provision barring any cupant agency(ies) regarding security con- Provided further, that the Administrator individual holding a Federally-elected office, cerns and necessary mitigation measures (if shall require that the delineated area of the regardless of whether such individual took any) prior to award of the lease or approval procurement is identical to the delineated office before or after execution of this lease, of the novation agreement.

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GSA PBS

PROSPECTUS-LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number: PCA-01-VA19

Executive Summary

The General Services Administration (GSA) proposes an outpatient clinic lease of approximately 99,986 net usable square feet (NUSF) for the U.S. Department of Veterans Affairs (VA), currently located in a separate outpatient facility in San Diego, California.

The lease will provide continued services for the San Diego veterans community, and provide the necessary expansion services to meet current and projected health care service delivery gaps in the market. Description Occupant: Veterans Affairs Current NUSF: 43,473 Estimated Maximum NUSF: 99,986 Expansion/Reduction NUSF: 56,513 (expansion) Estimated Maximum Rentable Square Feet: 134,981 Expiration Dates of Current Lease(s): 10/l/2023 Proposed Maximum Leasing Authority: 20 years Delineated Area: North: Proceed west on Navajo Road to Lake Murray Boulevard; proceed south to Beaver Lake Drive; proceed west to Cowles Mountain Boulevard; proceed south to Lake Adlon Drive; proceed west to Coral Lake A venue; proceed south to Lake Andrita A venue; proceed west to Twin La ICe Drive; proceed south to Jackson Drive; proceed west to Golfcrest Drive; proceed north to Tuxedo Road; proceed east to Volclay; proceed north to Santar A venue; proceed northeast to Jennite Drive; proceed north to Ruane Street; proceed west to Golfcrest Drive; proceed north to Mission Gorge Road; proceed west t( Jackson Drive; proceed south to Doreen Road; proceed south to Hillandale Drive; proceed south to Deep Valley Road; proceed west to Deerfield Street; proceed north to Mission Gorge Road; proceed west to Friars Road; proceed west to I-15; proceed north to Aero Drive; proceed west to Highway 163. East: Proceed north on Highway 125 to Navajo Road;

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GSA PBS

PROSPECTUS- LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number: PCA-Ol-VA19

South: Proceed east on l-8 to l-805; proceed south to El Cajon Boulevard; proceed east to merger with 1-8, proceed east on I-8 to Highway 125; West: Starting from the intersection ofi-805 and Highway 163, proceed south on Highway 163 to I-8. Parking Spaces: 550 Scoring: Operating Lease Current Total Annual Cost: $1,714,749 (lease effective 10!1/2013) 1 Estimated Unserviced Rental Rate : $58.45 per NUSF Estimated Total Unserviced Annual 2 Cost : $5,844,182

Justification

A new 99,986 NUSF lease in San Diego will replace the existing 43,473 NUSF Mission Valley Clinic.

The current space in this facility is insufficient to meet VA's needs. The new lease will allow VA to expand its current primary care, mental health, specialty care, and ancillary services to veterans in a right-sized, state-of-the-art, energy-efficient healthcare facility.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and lnfrastructure, and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required net usable area.

Interim Leasing

The Government will execute such interim leasing actions as are necessary to ensure continued housing prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

1 This estimate is for fiscal yt'llr 2018 nnd may be cscalutcd by 2.0 percent annually to the effective dute of the lease to account for inOation. The proposed rental mtc is Ullscrviccd and excludes all opcmting expenses, real estate taxes. insumnce, nnd mmmgcmcnt and maintenance !1-'Scrve costs, whether paid by the lessor or directly by the Govcmmcnt " New leases may contain an escalation clause to provide for annual changes in real estate tuxes nnd operating costs.

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GSA PBS

PROSPECTUS-LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number: PCAMOtM VA19

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on December 4, 2018.

Recommended:

0.~ Approved:~---~+--"+-~------___ Ad - · 1strator, General Services Administration

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COMMITTEE RESOLUTION $6,504,000, an estimated construction cost of Provided further, that the Administrator of NEW—U.S. COURTHOUSE, HUNTSVILLE, AL $73,799,000, and a management and inspection General Services shall ensure that the con- Resolved by the Committee on Transportation cost of $5,010,000 for a total estimated project struction of the new courthouse contains no and Infrastructure of the U.S. House of Rep- cost of $86,463,00 for which a prospectus is at- more than five courtrooms, including two for resentatives, that pursuant to 40 U.S.C. § 3307, tached to and included in this resolution. Active District Judges, one for Senior Dis- appropriations are authorized for the site Provided, that the Administrator of Gen- trict Judges, one for Bankruptcy Judges, and work, design and construction of a new U.S. eral Services shall ensure that construction one for Magistrate Judges. Courthouse of approximately 123,100 gross of the new courthouse complies, at a min- square feet, including approximately 26 imum, with courtroom sharing requirements Provided further, that the design of the new parking spaces, in Huntsville, Alabama at a adopted by the Judicial Conference of the courthouse shall not deviate from the U.S. site work cost of $1,150,000, a design cost of United States. Courts Design Guide.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE ·HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

FY 2018 Project Summarv The General Services Administration (GSA) proposes design and construction of a new U,S. Courthouse of approximately 123,100 gross square feet, including 26 parking spaces~ in Huntsville, AL. The site for the new courthouse is envisioned to be provided to GSA via a donation from the City of Huntsville. The courthouse will meet the 10-year space needs of the Court arid'' court-related agencies and the site can accommodate the anticipated 30-year needs of the Court. Part I of the Federal Judiciary's Courthouse Project Priorities list (approved by the Judicial Conference of the United States on September 12, 20! 7} includes a courthouse project in Huntsville, AL.

FY 2018 House and Senate Committee Approval Requested (Site, Design, Construction, Management & Inspection) ...... $86A63,000

FY 2018 Funding (PL 115~141, March 23, 2018) (Design, Construction, Management & Inspection) ...... $110,000,0001

Overview of Project The courts and related agencies currently occupy space in the U.S. Courthouse and Post Office in Huntsville, AL, and leased space in Decatur, AL. The new courthouse will provide five courtrooms and six chambers consistef!t with the application of courtroom sharing policies and the provision of not providing space for projected judgeships. One District judge will move from Birmingham, AL, upon completion of the new courthouse in Huntsville. The Bankruptcy Court will vacate the leased location in Decatur and move to the new courthouse to co-locate with the District Court in the new building.

1 The FY 2018 Public Law included $110,000,000 for courthouse construction in Huntsville, AL, as requested by the Judiciary in the CPP which was based on site acquisition, new construction, and renovation of the existing fncillty~ Due !o cha.11ges in l~e progra.rn since ·that time, the project being proposed is for construction of a new courthouse at an estimated total project cost of $86,463 000. GSA 2 plans to utilize funds remaining from the courthouse appropriation to renovate and backfill the existing building. GSA will make a future request for prospectus approval for renovation of the existing building and a filture transfer request from new construction to repair and alteration.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE ·HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

Site Information To Be Acquired by Municipal Donation ...... Approximately 5 acres

Building Area1 Gross square feet (excluding inside parking) ...... 111,400 GSF Gross square feet (including inside parking) ...... 123,100 GSF Inside parking spaces ...... · ...... 26

Estimated Project Budget Estitnated Site Work ...... $1,150,0003 Estin1ated Design ...... $6,504,000 Estimated Construction Cost (ECC) ($600/GSF including inside parking) ...... $73,799,000 Estimated Management and Inspection (M&I) ...... $5,010.000 Estimated Total Project Cost (ETPC)* ...... $86,463,0004

* Tenant agencies may fund an additional amount for alterations above the standard normally provided by GSA.

Schedule Start End Design and Construction FY 2019 FY 2024

2 . Square fOotages are approximate, The project may contain a variance in gross square footage from that listed in this prospechls.

3 Site funding is necessary to complete environmental studies and soil testing, address possible adverse soil conditions and relocation of existing utilities.

4 GSA requests approval for an estimated total project cost. The sub-totals comprising the estimated ' project budget are intended to provide a breakdov.11 ln support of the ETPC. The actual breakdown of the various subcomponents may differ from what is represented in this prospectus.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE ·HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

Tenant Agencies U.S. District Court, U.S. Bankruptcy Court, U.S. Probation Office, U.S. Department of Justice-Marshals Service, trial preparation space for the Federal Public Defender and the U.S. Department of Justice--Office of the U.S Attorney, and GSA.

Justification The existing Huntsville Post Office and U.S. Courthouse, constructed in 1936, does not meet the United States Courts Design Guide Standards and lacks adequate security as defined in the Interagency Security Committee Facility Security Level 4. TI1e existing building configuration does not allow for distinct separation between restricted, secured and public areas.

The site to be donated by the City of Huntsville is located at the northwest comer of Gallatin Street and LoweAvenue. Federal.development on this site offers compatibility with the city's Master Plan. The new courthouse will allow for co-location of court operations, separate circulation for the public, judges, and prisoners, thereby improving security as well as efficiency of court operations. Relocation of agencies from leased space in Decatur into the new courthouse in Huntsville will avoid approximately $508,000 per year in private sector lease costs.

Design Guide Exception There are no exceptions to the U.S. Courts Design Guide.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE HUNTSVILLE; AL

Prospectus Number: PAL-CTC-HU18 Congressional District: . 5

Space Requirements of the U.S. Courts

---·-···---· ·=·. ·--- ...... ····-·'- r------Current Courtrooms Judges District -Active 1* 1* 2 2** -Senior 1 1 1 1 -Visiting*** 1 1 0 1 I Magistrate ' 1 I 1 1 1 Bankruptcy*** 1 1 I I

... ~ -~ -- i I ---- ···-~··· L-~~T~o~t~al~=~--~---5 5 5 6 Currently unassigned courtroom nnd chambers "'" This occounts for one replacement judge and one judge relocating !Tom Birmingham ""'!!Visiting and Bankruptcy faci!ltles ure currently located in leased space in Decatur, AL

Summary of Energy Compliance This project will be designed to conform to requirements of the Facilities Standards for the Public Buildings Service. GSA encourages design opportunities to increase energy and water efficiency above the minimum performance criteria.

Future of Existing Federal Building GSA plans to reuse the existing Huntsville Post Office and U.S. Courthouse to house agencies cun·ently located in leased space in the surrounding area. The tenant mix is pending confirmation of agency program requirements to determine the best housing solution.. GSA plans to utilize funds remaining from the courthouse appropriation to renovate and backfill the existing building as was originally envisioned. The remaining funds total $23,537,000. A prospectus requesting approval for the anticipated renovation project will be submitted at a future date along with a request to transfer the necessary funds from new construction to repair and alteration.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

Prior Appropriations

Public Law .Fiscal Year Amount Proposed Project - 115-141 2018 $110,000,000 Site, Design, Construction, M&I

Appropriations to Date $110,000,000

*Pub he Law 115-141 funded $110,000,000 for courthouse constructiOn m Huntsville, AL, as requested by the Federal Judiciary's Courthouse Project Priorities list. The $110,000,000 on the CPP was based on site acquisition, new courthouse construction, and renovation of the existing courthouse. GSA plans to utilize funds remaining from the new courthouse appropriation to renovate and backfill the existing building. GSA will make a future request for prospectus approval for renovation of the existing building and a future transfer request from new constmction to repair and alteration.

Prior Committee Approvals None

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE ·HUNTSVILLE, AL

Prospectus Number: P AL-CTC-HU 18 Congressional Distrkt: 5

Certification ofNeed The proposed project is the best solution to meet a validated Government need.

Commissioner, Public Buildings Service

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H10232 CONGRESSIONAL RECORD — HOUSE December 17, 2018

AL AL

- -

125 125

128 128

950 950

880 880

250 250

3ll 3ll

544 544

450 450

1,050 1,050

1,590 1,590

5,005 5,005

3.090 3.090

1,1()_()_ 1,1()_()_

L,255 L,255

1,433 1,433

1,500 1,500

5,916 5,916 5,%5_ 5,%5_

9,023 9,023

5,253 5,253

5,090 5,090

.10,&00 .10,&00

23,621 23,621

23,94< 23,94<

4,263 4,263

24,%N 24,%N

10,555 10,555

Huntsville, Huntsville,

23,396 23,396

98,271 98,271 74,643 74,643

USF USF

Total Total

PAL-CTC-HU18 PAL-CTC-HU18

' '

i i

- -

-. -.

- -

1.255 1.255

1,410 1,410

1,000 1,000

1,!32 1,!32 8,685 8,685

2,220 2,220

4,946 4,946

2,150 2,150 1,170 1,170

24,963 24,963

24,%8 24,%8

(USF) (USF)

1\rca/Vaull 1\rca/Vaull

Sp_ccial Sp_ccial

Feet Feet

Space Space

Total Total

J J

I I

- - - - -

- -

- - . .

. . . .

Square Square

Special Special

Room. Room.

Cells/Secure Cells/Secure

Center Center

Storage Storage

Port Port

Service Service

Room Room

Usable Usable

Storage Storage

Sally Sally

Holding Holding

Lactation Lactation

Food Food

Conference/Training Conference/Training

ADP ADP

Restroom Restroom

Mail Mail

Secure Secure Courtrooms Courtrooms

! !

,fitness ,fitness

l'ltOPOS!m l'ltOPOS!m

---

- -

31H 31H

450 450

544 544

1,433 1,433

1,500 1,500

3,083 3,083

3,696 3,696

9,423 9,423

4,965 4,965

4,077 4,077 3,680 3,680

2,113 2,113

14,711 14,711

49,675 49,675 49,675 49,675

Ofticc Ofticc

I I I I

i i

I I

- -I -I

-I -I

- -

3 3

4 4

13 13

10 10

15 15

18 18 13 13

86 86

building. building.

Total Total

the the

- -

. .

" "

. .

of of -

3 3

4 4

3 3

13 13

13 13 13

JH JH

13 13

10 10

15 15

86 86

Personnel Personnel

Ol't)ce Ol't)ce

occupants occupants

1 1

- -

the the

316 316

318 318

. .

to to

1,903 1,903

7,754 7,754

8,4051 8,4051

3,339

2,142 2,142

2,705 2,705

18,465 18,465

23,946 23,946

23Jt2~ 23Jt2~

21,401 21,401

68,975 68,975

Total Total

jointly jointly

AL AL

I I

VSF) VSF)

c c

- -

- -' -' -

- -

- .. ..

l l

. .

Courthouse Courthouse

316 316

requirements. requirements.

1431 1431

available available

l331R l331R

15,065 15,065

Feet Feet

15,065 15,065

Special Special

Huntsville, Huntsville,

define define

spnce spnce

- -

c c -

- -

- to to -

Square Square

New New

705 705

~nd ~nd

705 705

Storngc Storngc

Usable Usable

I I

i i

agcacies agcacies

- -

- --

CURRENT CURRENT

711 711

31H 31H

1,903 1,903

2,705 2,705

4.442 4.442

8,176 8,176

7,754 7,754

tltrnishings tltrnishings 8,405 8,405

3,339 3,339

21,4111 21,4111

29,577 29,577

Office Office

and and

l':xeculivc l':xeculivc

- -

c c

9 9 -

3 3 4 4

7 7

5 5

. .

13 13

11 11

10 10

34 34

19 19

63 63

Federal Federal

Tn!al Tn!al

personnel personnel

will! will!

- -

9 9

4 4

7 7

5 5

3 3

11 11

10 10

34 34

13 13

63 63

29 29

Personnel Personnel

tenant's tenant's

a a

work work

ornce ornce

\o \o

! !

I I

by by

I I

use use

s) s)

GSA GSA

tor tor

-~------

project, project,

available available

Abuama Abuama

future future

Locnlinns Locnlinns

a a

building building

with with

Location Location

Decatur, Decatur,

the the

Administr~1tion Administr~1tion

Attorney Attorney

of of

Service Service

Locations Locations

(cour!rooms/chotmbers) (cour!rooms/chotmbers)

(courtrooms/chambers) (courtrooms/chambers)

CT-

Courthouse Courthouse

Service Service

Magistrate Magistrate

backjill* backjill*

Clerk Clerk

GrandJt11y GrandJt11y

backfill·• backfill·•

U.S. U.S.

Lt•llscd Lt•llscd

(com1rooms/chnmbcrs) (com1rooms/chnmbcrs)

(courtrooms/chmnbcrs) (courtrooms/chmnbcrs)

Clerk Clerk

for for

;md ;md

Court Court

Administrator Administrator

C01nt C01nt

Clerk Clerk

Administrator Administrator for for

portion portion

the the

Office Office

Ofticc Ofticc

Detender Detender

accomplished accomplished

Lynne Lynne

Buildings Buildings

of of

Court Court

Court-

Court Court

Court-

the the Court Court

Jlcy Jlcy

Government-Owned Government-Owned

Enforccrncnl Enforccrncnl

Marshals Marshals

be be

Marshals Marshals

H. H.

r r

Ot1kc Ot1kc

Leases Leases

""mtru ""mtru

Public Public

U.S. U.S.

Public Public

U.S. U.S.

Dru Dru

Office Office

means means

br br

Use Use

Usc Usc

P()st P()st

District District ~ ~

U.S. U.S.

Probation Probation

District District

Bankruptcy Bankruptcy

Bankru Bankru

District District

Probation Probation

District District

Bunkmptcy Bunkmptcy

Bankruptcy Bankruptcy

Di>lricl Di>lricl

Bnckf;llw Bnckf;llw

USF USF

NOTES: NOTES:

U.S. U.S.

Joint Joint

U.S. U.S.

V~\Ci'\nt V~\Ci'\nt DOJ-

U.S. U.S.

New New U.S. U.S.

U.S, U.S, U.S. U.S.

U.S. U.S.

GSA- U.S. U.S.

DOJ-

Subtotal Subtotal

U.S. U.S.

Joim Joim

Federal Federal U.S. U.S.

- U.S. U.S.

DOJ-

U.S. U.S. _DOJ _DOJ Seybourne Seybourne

1 1

Subtotal Subtotal

~!entia! ~!entia!

I I

isnututal isnututal

21)18 21)18

I I

!Total !Total

!Potential !Potential August August

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COMMITTEE RESOLUTION Courthouse located at 350 South Main Street Provided further, not later than 30 calendar in Salt Lake City, Utah at a design cost of ALTERATION—FRANK E. MOSS U.S. COURTHOUSE, days after the date on which a request from $9,650,000, an estimated construction cost of SALT LAKE CITY, UTAH the Chairman or Ranking Member of the $100,016,000 and a management and inspec- Committee on Transportation and Infra- Resolved by the Committee on Transportation tion cost of $7,227,000 for a total estimated structure of the House of Representatives is and Infrastructure of the U.S. House of Rep- project cost of $116,893,000, a prospectus for resentatives, that pursuant to 40 U.S.C. § 3307, which is attached to and included in this res- received by the Administrator of General appropriations are authorized for repairs and olution. Services, the Administrator shall provide alterations to address seismic deficiencies; Provided, that the General Services Admin- such Member a response in writing that pro- undertake targeted building systems mod- istration shall not delegate to any other vides any information requested regarding ernizations; and reconfigure, alter, and back- agency the authority granted by this resolu- the project. fill vacant space at the Frank E. Moss U.S. tion.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U.S. COURTHOUSE· SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017~SL19 · Congressional District: 2

FY 2019 Project Summary The General Services Administration (GSA) proposes a repair and alteration project to address seismic deficiencies; undertake targeted building systems modernizations; a11d reconfigure, alter, and backfill vacant space at the Frank E. Moss U.S. Courthouse (Moss Comihouse) located at 350 So'uth Main Street in Salt Lake City, Utah. GSA's Seismic Rating System Report, released on March 31, 2016, lists the Moss Comihouse as having one of the highest seismic 1isk ratings in the GSA portfolio. Once renovated, relocation of agencies cunently in leased space into the Moss Courthotise will provide an annual lease cost avoidance of approximately $4,400,000 and an annual agency rent savings of approximately $2,400,000.

Project Background As part of its Fiscal Year (FY) 2014 Capital Investment and Leasing Program, GSA requested $15,000,000 for the reconfiguration and alteration of existing space at the Moss Comihouse. The Consolidated Appropriations Act, 2014 (Public Law 113-7 6), appropriated a lump sum of $593,288,000 for Major Repairs and Alterations and, as pmi of GSA's FY 2014 Major ·Repairs .and Alterations Expenditure Plan, GSA allocated $15,000,000 for the Moss Courthouse project. Upon re-evaluation of the building's repair and alteration needs, including the identification of significant seismic deficiencies, GSA, in collaboration with plam1ed backfill tenants, decided to halt the FY 2014 project. This pmspectus request reflects and is seeking approval of a more comprehensive project scope. The appropriation needed in support of this request has been reduced by the balance of funds remaining from the FY 2014 allocation.

FY 2019 Committee Approval Reguested (Design, Construction, Management & Inspection) ...... $11.6,893,000

FY 2019 Appropriation Reguested (Design, Construction, Management & Inspecti~n) ...... $103,646,0001

1 A portion of the FY 2014 funds was expended on project development prior to the cessation of the 1)roject. The $13,247,000 remaining will be used for this project, thereby Jowe1ing the overall appropliation request in this prospectus.

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GSA PBS

PROSPECTUS- ALTERATION FRANK E. MOSS U.S. COURTHOUSE SALT lAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Major Work Items Seismic upgrades; interior alterations; building exterior restoratim1; roof repairs; heating, ventilation, and air conditioning (HVAC), fire and life safety, plumbing, eleCtrical and conveyance systems upgrades; grounds and approaches, telecmmnunication andrestroom upgrades; and hazardous material abatement

Project Budget Design ...... $9,650,000 Estimated Construction Cost (ECC) ...... 100,016,000 Management and Inspection (M&I) ...... 7,227,000 Estimated Total Project Cost (ETPC)* ...... $116,893,000

*Tenant agencies may fund art additional amount for alterations above the standard nom1ally provided by GSA

Schedule Start End Design and Constmction FY 2019 FY 2023

Building The Moss Courthouse is located in the Exchange Place Historic District of downtown Salt Lake City, Utah. 01iginally constructed in three distinct phases in 1905, 1912, and 1932, the building served as a United States Post Office and Comihouse and contains 229,807 gross square feet. The building has five stories above grade, with an elevator/mechanical penthouse and full basement below grade. The building is listed in the National Register of Historic Places as a contributing building and as the oldest structure in. the Exchange Place Historic District. In 2014, the new U.S. Courthouse Almex was completed next to the Moss Courthouse, and the two buildings became physically connected through underground access hmnels, a shared loading dock, and a shared chilling system.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Tenant Agencies Depattment of Agriculture-National Agricultural Statistics Service; Department of Health and Human Services-Program Support Center; Department of Justice-Marshals Service, Bureau of Prisons and Trustees; Judiciary-Bankruptcy Court and Clerk; Depmtment of Commerce-International Trade Administration; Department of the Interior-National Park Service; United States Tax Court; Department of Defense-Army Corps of Engineers, Armed Forces Recruiting, and Defense Contract Audit Agency; and GSA.

Proposed Project The proposed project will address seismic deficiencies by utilizing shear walls and seismic bracing. The project will address structural deficiencies; upgrade mechanical systems; provide new and repaired floor, wall, and ceiling finishes in areas impacted by seismic retrofits; replace fixtures and improve access to comply with Architectural Barriers Act Accessibility Standards (ABBAS); upgrade plumbing; provide a new boiler; upgrade the HVAC system; upgrade elevators; and complete fire and life safety upgrades. Backfill of vacant space provides a long-tenn housing solution for vmious tenants in the historic Central Business District (CBD) of Salt Lake City and generates lease cost avoidance. Alterations will be completed while the building is vacant.

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GSA PBS

PROSPECTUS-ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Major Work Items Seismic Upgrades $47,312,000 Interior Alterations 32,459;000 HVAC Upgrades 4,570,000 Building Exterior Restoration 4,507,000 Roofing Repairs 2,596,000 Fire and Life Safety Upgrades 2,106,000 Plumbing Upgrades 2,067,000 Grounds and Approaches Upgrades 1,294,000 Electrical Upgrades 1,034,000 Hazardous Material Abatement 1,026,000 Telecommunications Upgrades '513,000 Elevator Upgrades 378,000 Restroom Upgrades 154,000 TotalECC $100,016,000

Justification Investment in the Moss Courthouse is needed to keep this historic buildingin the Federal inventory, comply with Executive Order 13 717 (Establishing a Federal Earthquake Risk Management Standard), and protect building occupants and visitors by meeting current safety codes.

GSA's Seismic Rating System Report, released on March 31, 2016, lists the Moss Comihouse as having one of the highest seismic risk ratings in the GSA portfolio. The Moss Comihouse was determined to be a long-term seismic risk that requires a seismic mitigation plan to reduce the risk. To address this risk and comply with Executive Order 13717, this project adopts the Standards of Seismic Safety for Existing Federally Owned and Leased Buildings to meet the minimum level acceptable for managing earthquake 1isk.

W11el1 the U.S. District Court relocated to the new U.S. Courthouse Am1ex, it vacated approxin1ately 91,000 usable square feet (USF) of the building's 151,000 USF. This project provides for the backfill of the vacant space with agencies located in leased space. GSA cunently leases more than half a million USF in the Salt Lake City market. The Moss Courthouse is a desirable location near the light rail and CBD amenities, and provides a level of secmity that customer agencies require.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017~SL19 Congressional District: 2

The last significant capital investment in the Moss Courthouse was over 24 years ago. The building systems have reached or exceeded their expected useful lives and are. becoming more costly to repair. This project continues to leverage co-location of the two buildings by replacing the Moss· Courthouse boiler, which is at the end of its useful life, with a new boiler to be located in the new U.S. Courthouse ArU1ex in mechanical space specifically designed to accommodate a new boiler for the Moss Courthouse.

CulTent building occupants will be housed in temporary swing space outside of the building while construction occurs. The project will be completed while the building is empty to reduce risk, lessen the estimated construction timeline, and decrease estimated consttuction costs.

Summary of Energy Compliance This project will be designed to confonn to requirements of the Facilities Standards for the Public Buildings Service. GSA encourages design opportunities to increase energy and water efficiency above the minimum performance criteria.

Prior Appropriations GSA received lump-sum funding in FY 2014 for Major Repairs and Alterations and allocated $15,000,000 for a Moss Comihouse project, as described in greater detail in the Project Background section of this prospectus. A portion of the FY 2014 funds were expended on project development, but the remaining $13,247,000 will be applied to this newly scoped project. ·

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GSA PBS

PROSPECTUS- ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospech1s Number: PUT-0017-SL19 Congressional District: 2

Prior Committee Approvals

Prior Committee Approvals Committee Date Amount Purpose Senate EPW 2/6/2014 $15,000,000 Design=$1, 000,000 ECC=$13,000,000 M&I=$1,000,000 House T&I 3/13/2014 $15,000,000 Design=$1 ,000,000 ECC=$13,000,000 M&I=$1,000,000 .

Prior Prospectus Level Projects in Building (past 10 years) None

Alternatives Considered (30-year, present value cost analysis) Alteration: ...... :...... : ...... $.1 11,516,000 Lease: ...... : ...... $164·,172,000 New Coi1struction: ...... $11 0,500,000

The 30-year, present value cost of alteration is $1,016,000 more than the cost of new constmction, with an equivalent mmual cost disadvantage of $50,489. Although alteration is slightly more expensive than the new construction altemative, alteration is the prefen·ed alternative. The Moss Courthouse is adjacentto and shares critical building systems with the U.S. Cmuihouse Annex and is of historical significance.

Recommendation ALTERATION

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GSA PBS

PROSPECTUS-ALTERATION F'RANK E. MOSS U.S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Certification of Need The proposed project is the best solution to meet a validated Govemment need.

Submitted at Washington, DC, on Febmary 12, 2018

Recommended: Jll1<·~ Commissioner, Public Buildings Service t;~LJ~ . Approved: AGlistrator, General Services Administration

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COMMITTEE RESOLUTION $15,675,000, a design cost of $12,670,000, an es- Provided further, that the Administrator of timated construction cost of $152,365,000, and NEW—U.S. COURTHOUSE, FORT LAUDERDALE, FL General Services shall ensure that the con- a management and inspection cost of struction of the new courthouse contains no Resolved by the Committee on Transportation $9,290,000 for a total estimated project cost of more than 12 courtrooms, including six for and Infrastructure of the U.S. House of Rep- $190,000,000, for which a prospectus is at- Active District Judges, one for Senior Dis- resentatives, that pursuant to 40 U.S.C. §3307, tached to and included in this resolution. trict Judges, two for Bankruptcy Judges, and appropriations are authorized for site acqui- Provided, that the Administrator of Gen- three for Magistrate Judges. sition and related site work, design and con- eral Services shall ensure that construction struction of a new U.S. Courthouse of ap- of the new courthouse complies, at a min- Provided further, that, except as provided in proximately 255,000 gross square feet, includ- imum, with courtroom sharing requirements the prospectus, the design of the new court- ing approximately 50 inside parking spaces, adopted by the Judicial Conference of the house shall not deviate from the U.S. Courts in Fort Lauderdale, Florida at a site cost of United States. Design Guide.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL 18 Congressional District: 22

FY 2018 Project Surnmarv The General Services Administration (GSA) proposes construction of a new U.S. Courthouse of approximately 255,000 gross square feet (GSF), including 50 inside parking spaces, in Fort Lauderdale, FL. The courthouse will meet the 10-year space needs of the courts and court-related agencies, and the site win accommodate the expansion of the building to meet the anticipated 30-year needs of the courts.

FY 2018 House and Senate Committee Approval Requested (Site, Design, Management and Inspection, Construction) ...... $190,000,000

FY 2018 Funding (PL 115-141, March 23, 2018} (Site, Design, Management and Inspection, Construction) ...... $190,000,000

Overview of Project The courts and related agencies currently occupy space in the existing Federal Building and U.S. Courthouse in downtown Fort Lauderdale. The new courthouse will provide 12 courtrooms and 17 chambers consistent with the application of courtroom sharing policies and the provision of no space for projected judgeships. The site for the new courthouse is still to be determined and may need to be acquired by the Government.

Site Information To Be Detennined ...... Approximately 3-5 acres

Building Area 1 Gross square feet (excluding inside parking) ...... 232,000 GSF Gross square feet (including inside parking) ...... ~ ...... 255,000 GSF Inside parking spaces ...... , ...... 50

1 Square footages are approximate. l11e project may contain a variance in gross square foo!age from that listed in this prospectus. · 1

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GSA PBS PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL18 Congressional District: 22

Estimated Project Budget Estimated Site ...... $15,675,000 Estimated Design ...... 12,670,000 Estimated Construction Cost ($598/GSF including inside parking) ...... 152,365,000 Estimated Management and Inspection (M&I) ...... 9,290,000 ' ~ Estimated Total Project Cost (ETPC)* ...... $190,000,000~

*Tenant· agencies may fund an additional amount for alterations above the standard normally provided by GSA.

Schedule Start End Design and Construction FY2019 FY2024

Tenant t}gendes U.S. Court of Appeals, U.S. District Court, U.S. Bankruptcy Court, U.S. Probation Office; U.S. Department of Justice (DOJ)-Marshals Service; trial preparation space for the Judiciary Federal Public Defender and DOJ Office of the U.S. Attorney; and GSA.

Justitkation The existing Federal Building and U.S. Courthouse, constructed in 1979, does not meet the United States Courts Design Guide standards and lacks adequate security to meet the standards for Facility Security Leve14 as defined by the Interagency Security Committee. The existing building ~onfiguration does not allow for 'distinct separation between restricted, secured, and public areas. There are also significant infrastructure issues, including ongoing water intrusion that allows water to enter tenant spaces, and failing storm drains and flashing systems.

The new courthouse will meet the long-term needs of the courts and provide separate circulation for the public, judges, and prisoners~ thereby improving security and the efficiency of court operations.

Design Guide Exception

2 GSA requests approval for an estimated total project cost The subtotals comprising the estimated project budget are intended to provide a breakdown in support of the ETPC. The actual breakdown of the various subcomponents may differ from what is represented in this prospectus. 2

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GSA PBS

PROSPECTUS NE\V U.S. COURTHOUSE FORT LAUDERDALE~ FL

Prospectus Number: PFL-CTC-FL18 Congressional District: 22

The following exception to the U.S. Courts Design Guide was approved by the Eleventh Circuit Judicial Council in2015. J11eJudicial Conferenceofthe United States approved this request on September 13, 2018. 0 Special Proceedings Courtroom in lieu of a standard District Courtroom (additional 1~350 gross square feet) with costs for this exception at approximately $790,000. The Judicial Conference determined that Fort Lauderdale merits a special proceedings courtroom due to complexity of caseload, especially as to multi-defendant cases. ·

Space Requirements of the U.S. Courts

.. ·~..,=····-~·-,..,,,,...... ,~..-_,.-··· ------·Current Proposed Courtrooms Judges I Courtrooms Judges District I l -Active l 5 1* 6 ' 6 -Visiting 0 0** 0 1 -Senior l 2 1 3

Court of Appeals i -Active 0 1*** 0 l

: Magistrate 2 i 4 3 4

. Bankruptcy 2' 2 2 2 ··-,.----- ·-

Total: 10 .. 10 12 17 ':--'--:-- . . . ' ·---···-·- * Four d1sh1ct JUdgeshtps m Fort Lauderdale are currently vacant. ** Currently no dedicated visiting judge chambers *** Currently in leased space

Summary of Energy Compliance T11is project will be designed to conform to requirements of the Facilities Standards for the c·Public Buildings Service. GSA encourages design opportunities to increase energy and water efficiency above the minimum performance criteria.

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GSA PBS

PROSPECTUS NEW U.S. COURl'HOUSE. FORT LAUDERDALE, FL

Prospectus Number: PFL-CTC-FL 18 Congressional District: 22

Future of Existing Federal Building3 GSA plans to transfer the existing Fort Lauderdale Federal Building and U.S. Coutihouse

out of. the federally owned inventory upon or soon. after occupancy of the new courthouse. GSA intends to proceed with established disposal processes to transfer the property, since renovation and backfill by the Government is not cost~effective. Agencies currently located in the existing building that are not planned to move into the new courthouse will be relocated to commercial leased space in the surrounding area.

Prior Appropriation§ - --· -- . Prior Appropriations Public Law rscaiYear . j Amou~t Proposed Project - ~-,..-~ ..... "- 115-41 2018 $190,000,000 Site, Design, Construction, M&I --·-- --- ~-~~~-_Appropriations -==-~·~~~L~=-=~~~-- to Date $190,000,000 L _¥ ______-- *Public Law 115-141 funded $190,000,000 for courthouse construction in Fort Lauderdale, FL, as requested by the Federal Judiciary in its Courthouse Project Priorities list.

Prior Committee Approvals None

3 This section is included to address re~ommendations in the following Government ;\ccountability Office {GAO) Report Federal Courthouses: Better Planning Needed Regarding Reuse of Old Courthouses (GA0-14-48). 4

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE FORT LAUDERDALE, FL

Prospectus Number: PFL*CTC-FL18 Congressional District: 22

Certification of Need The proposed project is the best solution to meet a validated Government need.

November 13,2018 Submitted at Washington, DC, on.

===.. ~.. =·-···=-·=····-=··=· ~~=~~·=-~·~,.,-•,,=.-~.,<~•••·•m~=,•~•·~" Commissioner; Public Buildings Service

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December 17, 2018 CONGRESSIONAL RECORD — HOUSE H10247

FL FL

Lauderdale, Lauderdale,

PFL-CTC-FL18 PFL-CTC-FL18

Fort Fort

125 125

880 880

25 25

272 272

4)l 4)l

,165 ,165

1,600 1,600

2,334 2,334

2,940 2,940 :,48: :,48:

2.195 2.195

I,OY I,OY

~ ~

1,43 1,43

1,255 1,255

1,788 1,788 8,93 8,93

55,470 55,470 98,782 98,782

32,988 32,988

16,851 16,851

10,50 10,50

19,31> 19,31>

155,27~ 155,27~

USF USF

Total Total

:._ :._

• •

1,48; 1,48;

(USF (USF

1,255 1,255

9,069 9,069

19,361 19,361

10,506 10,506

56,109 56,109

endut endut

Special Special

--98,782 --98,782

Feet Feet

Spate Spate

Room Room

-I -I

- -

Total Total

·-t ·-t

·--=-~ ·--=-~

Cells Cells

Chambers Chambers

Square Square

Service!V Service!V

Special Special

Storage Storage

Comu·ooms Comu·ooms

Food Food

Lactation Lactation

M.ail.roorn M.ail.roorn

Detention/Interview Detention/Interview

Holding Holding

Judicial Judicial Sallypmt/Elevator Sallypmt/Elevator

FitnesS FitnesS

Usable Usable

948 948

,783--1-

!,433 !,433

7,782 7,782

I'ROPOSED I'ROPOSED

8,939 8,939

56,4931 56,4931

11.!65 11.!65

23,279 23,279

Office Office

8 8

15 15

'" '"

40 40 44 44 37 37

35 35

22 22

2171 2171

Total Total

8 8 '

15 15

'" '"

35 35

40 40 44 44

22 22

37 37

2'171 2'171

Perscnnei Perscnnei

project project

Office Office

completed completed

Total Total

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the the

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I I

J J

315 315

2,171 2,171

(USF) (USF)

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68,451 68,451

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Courthouse Courthouse

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Usable Usable

J. J.

~JI,) ~JI,)

•« •«

372 372

39 39

UQ7 UQ7

,38 ,38

upon upon

CURRENT_ CURRENT_

',63 ',63

1, 1,

1,462 1,462

2,463 2,463 6,129 6,129

6,482 6,482

~ ~

l l

-73,357 -73,357

Office Office

project project

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I I

2 2

5 5

4, 4,

12 12

;;..;., ;;..;.,

14 14

30 30 28 28

30 30

this this

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Total Total

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4 4

2 2

5 5

k.k k.k

12 12

22 22

37J_ 37J_

35 35

30 30

14 14

28 28

3 3

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contain contain

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Appeals Appeals

Aooeals Aooeals

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Court~ Court~

Buildin"s Buildin"s

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project project

GSA GSA

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DOJ- Joint Joint

Feri~ntl Feri~ntl

Fede£al Fede£al

U.S. U.S.

u:s. u:s. Subtotal Subtotal

u:s. u:s. (JSA (JSA

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u.s·< u.s·<

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2018 2018 October October

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AMENDED COMMITTEE RESOLUTION area included in the prospectus, except that, to directly participate in, or benefit from or LEASE—U.S. DEPARTMENT OF VETERANS if the Administrator determines that the de- under this lease or any part thereof and that AFFAIRS, SAN DIEGO, CA lineated area of the procurement should not such provision provide that if this lease is be identical to the delineated area included Resolved by the Committee on Transportation found to have been made in violation of the in the prospectus, the Administrator shall and Infrastructure of the U.S. House of Rep- foregoing prohibition or it is found that this provide an explanatory statement to the resentatives, that pursuant to 40 U.S.C. § 3307, prohibition has been violated during the Committee on Transportation and Infra- appropriations are authorized for a lease of term of the lease, the lease shall be void, ex- structure of the House of Representatives cept that the foregoing limitation shall not up to 99,986 net usable square feet of space, prior to exercising any lease authority pro- apply if the lease is entered into with a pub- and 550 parking spaces, for the Department vided in this resolution. licly-held corporation or publicly-held entity of Veterans Affairs for a Community Based Provided further, that the design of the out- Outpatient Clinic in San Diego, California at patient clinic shall be consistent with the for the general benefit of such corporation or a proposed unserviced annual cost of U.S. Department of Veterans Affairs’ Com- entity. $5,844,182 for a lease term of up to 20 years, munity Based Outpatient Clinic Prototype Provided further, prior to entering into this a prospectus for which is attached to and in- Proposed Layouts. lease or approving a novation agreement included in this resolution. This resolution Provided further, not later than 30 calendar volving a change of ownership under this amends the Prospectus No. PCA–01–VA17 ap- days after the date on which a request from lease, the Administrator of General Services proved by the Committee on February 28, the Chairman or Ranking Member of the shall require the offeror or the parties re- 2017. Committee on Transportation and Infra- questing the novation, as applicable, to iden- Approval of this prospectus constitutes au- structure of the House of Representatives is tify and disclose whether the owner of the thority to execute an interim lease for all received by the Administrator of General tenants, if necessary, prior to the execution Services, the Administrator shall provide leased space, including an entity involved in of the new lease. such Member a response in writing that pro- the financing thereof, is a foreign person or Provided, that to the maximum extent vides any information requested regarding a foreign-owned entity; provided further, in practicable, the Administrator shall include the project. such an instance, the Administrator of Gen- in the lease contract(s) a purchase option Provided further, the Administrator of Gen- eral Services shall notify the occupant agen- that can be exercised at the conclusion of eral Services may not enter into this lease if cy(ies) in writing, and consult with such oc- the firm term of the lease. it does not contain a provision barring any cupant agency(ies) regarding security con- Provided further, that the Administrator individual holding a Federally-elected office, cerns and necessary mitigation measures (if shall require that the delineated area of the regardless of whether such individual took any) prior to award of the lease or approval procurement is identical to the delineated office before or after execution of this lease, of the novation agreement.

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GSA PBS

PROSPECTUS- LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number: PCA-01-VA19

Executive Summary

The lease will provide continued services for the San Diego veterans community, and provide the necessary expansion services to meet current and projected health care service delivery gaps in the market. Description Occupant: Veterans Affairs Current NUSF: 43,473 Estimated Maximum NUSF: 99,986 Expansion/Reduction NUSF: 56,513 (expansion) Estimated Maximum Rentable Square Feet: 134,981 Expiration Dates of Current Lease(s): 10/1/2023 Proposed Maximum Leasing Authority: 20 years Delineated Area: North: Proceed west on Navajo Road to Lake Murray Boulevard; proceed south to Beaver Lake Drive; proceed west to Cowles Mountain Boule\'ard; proceed south to Lake Adlon Drive; proceed west to Coral Lake A venue; proceed south to Lake Andrita A venue; proceed west to Twin LaKe Drive; proceed south to Jackson Drive; proceed west to Golfcrest Drive; proceed north to Tuxedo Road; proceed east to Volday; proceed north to Santar A venue; proceed northeast to Jennite Drive; proceed north to Ruane Street; proceed west to Golfcrest Drive; proceed north to Mission Gorge Road; proceed west to Jackson Drive; proceed south to Doreen Road; proceed south to Hillandale Drive; proceed south to Deep Valley Road; proceed west to Deerfield Street; proceed north to Mission Gorge Road; proceed west to Friars Road; proceed west to I-15; proceed north to Aero Drive; proceed west to Highway 163. East: Proceed north on Highway 125 to Navajo Road;

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GSA PBS

PROSPECTUS- LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number: PCA~Ol-V A19

South: Proceed east on 1~8 to 1-805; proceed south to El Cajon Boulevard; proceed east to merger with 1-8, proceed east on I-8 to Highway 125; West: Starting from the intersection ofl-805 and Highway 163, proceed south on Highway 163 to 1~8. Parking Spaces: 550 Scoring: Operating Lease Current Total Annual Cost: $1,714,749 (lease effective 10/l/2013) 1 Estimated Unserviced Rental Rate : $58.45 per NUSF Estimated Total Unserviced Annual 2 Cost : $5,844,182

Justification

A new 99,986 NUSF lease in San Diego will replace the existing 43,473 NUSF Mission VaHey Clinic.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure, and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required net usable area.

Interim Leasing

TI1e Government will execute such interim leasing actions as are necessary to ensure continued housing prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

1 This estimate is for fiscal year 2018 nnd may be escalated by 2.0 percent annually to the effective date of the lease to account for inflation. Titc propos(:d rental rate is unserviced and excludes all operating expenses, real estate taxes, insurnncc, und management and maintenance reserve costs, whether paid by the lessor or directly by the Government. 1 New leases may contain an escalation clause to provide for annual changes in real estate taxes and opcrnting costs.

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GSA PBS

PROSPECTUS-LEASE U.S. DEPARTMENT OF VETERANS AFFAIRS SAN DIEGO, CA

Prospectus Number! PCA~Ol-VA19

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on December 4, 2018.

Recommended: Commissioner, Public Buildings Service

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COMMITTEE RESOLUTION $6,504,000, an estimated construction cost of Provided further, that the Administrator of NEW—U.S. COURTHOUSE, HUNTSVILLE, AL $73,799,000, and a management and inspection General Services shall ensure that the con- Resolved by the Committee on Transportation cost of $5,010,000 for a total estimated project struction of the new courthouse contains no and Infrastructure of the U.S. House of Rep- cost of $86,463,000 for which a prospectus is more than five courtrooms, including two for resentatives, that pursuant to 40 U.S.C. § 3307, attached to and included in this resolution. Active District Judges, one for Senior Dis- appropriations are authorized for the site Provided, that the Administrator of Gen- trict Judges, one for Bankruptcy Judges, and work, design and construction of a new U.S. eral Services shall ensure that construction one for Magistrate Judges. Courthouse of approximately 123,100 gross of the new courthouse complies, at a min- square feet, including approximately 26 imum, with courtroom sharing requirements Provided further, that the design of the new parking spaces, in Huntsville, Alabama at a adopted by the Judicial Conference of the courthouse shall not deviate from the U.S. site work cost of $1,150,000, a design cost of United States. Courts Design Guide.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE -HUNTSVI~LE, AL

Prospectus Number: PAL-CTC-'HU18 Congressional District: 5

FY 2018 Project Summarv The General Services Administration (GSA) proposes design and construction of a new U.S. Courthouse of approximately 123,100 gross square feet, including 26 parking spaces~ in Huntsville, AL. The site for the new courthouse is envisioned to be provided to GSA via a donation from the City of Huntsville. The courthouse will meet the 10-year space needs of the Court and court-related agencies and the site can accommodate the anticipated 30-year needs of the Court. Part I of the Federal Judiciary's Courthouse Project Priorities list (approved by the Judicial Conference of the United States on September 12, 20~ 7} includes a courthouse project in Huntsville, AL.

FY 2018 House and Senate Committee Approval Requested (Site, Design, Construction, Management & Inspection) ...... $86,463,000

FY 2018 Funding (PL 115~141, March 23, 2018) (Design, Construction, Management & Inspection) ...... $110,000,0001

Overview of Project The courts and related agencies currently occupy space in the U.S. Courthouse and Post Office in Huntsville, AL, and leased space in Decatur, AL. The new courthouse will provide five courtrooms and six chambers consisteqt with the application of courtroom sharing policies and the provision of not providing space for projected judgeships. One District judge will move from Birmingham, AL, upon completion of the new courthouse in Huntsville. The Bankmptcy Court will vacate the leased location in Decatur and move to the new courthouse to co-locate with the District Court in the new building.

1 The FY 2018 Public Law included $110,000,000 for courthouse construction in Huntsville, AL, as requested by the Judiciary in the CPP which was based on site acquisition, new constlllction, and renovation of the existing facility! Due to cha..11ges in the prognLf!l since ·that time, the project being proposed is for construction of a new courthouse at an estimated total project cost of $86,4631000. GSA plans to utilize funds remaining from the courthouse appropriation to renovate and backfili the existing building. GSA will make a future request for prospectus approval for renovation of the existing building and a future transfer request from new construction to repair and alteration.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE -HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

Site Information To Be Acquired by Municipal Donation ...... Approximately 5 acres

Building Area1 Gross square feet (excluding inside parking) ...... ~. 111,400 GSF Gross square feet (including inside parking) ...... 123,100 GSF Inside parking spaces ...... ' ...... 26

Estimated Project Budget Estitnated Site Work ...... $1,150,0003 Estimated Design ...... $6,504,000 Estimated Construction Cost (ECC) ($600/GSF including inside parking) ...... $73,799,000 Estimated Management and Inspection (M&I) ...... $5,QJO.OOO Estimated Total Project Cost (ETPC)* ...... $86,463,0004

* Tenant agencies may fund an additional amount for alterations above the standard nonnally provided by GSA.

Schedule Start End Design and Construction FY 2019 FY 2024

1 Square footages are upproximate, The project may contn1n a variance in gross square footage from th~! listed in this prospectus.

3 Site funding ls necessary !o complete enviromnental studies and soil testing, address possible adverse soil conditions and relocation of existing utilities.

4 GSA requests approval for an e~timated total project cost. The sub-totals comprising the estimated project budget are intended to provide a breakdown in support of the ETPC. The actual breakdown of the various subcomponents may differ from what is represented in this prospectus.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE ·HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU18 Congressional District: 5

Justification The existing Huntsville Post Office and U.S. Courthouse, constructed in 1936, does not meet the United States Courts Design Guide Standards and lacks adequate security as defined in the Interagency Security Committee Facility Security Level 4. The existing building configuration does not allow for distinct separation between restricted, secured and public areas.

The site to be donated by the City of Huntsville is located at the northwest comer of Gallatin Street and Lowe Avenue. Federa1.development on this site offers compatibility with the city's Master Plan. The new courthouse will allow for co-location of court operations, separate circulation for the public, judges, and prisoners, thereby improving security as well as efficiency of court operations. Relocation of agencies from leased space in Decatur into the new courthouse in Huntsville will avoid approximately $508,000 per year in private sector lease costs.

Design Guide Exception There are no exceptions to the U.S. Courts Design Guide.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE HUNTSVILLE, AL

Prospectus Number: P AL-CTC-HU 18 Congressional District: . 5

Space Requirements of the U.S. Courts

.. ~~-- -~ ~· ... -. ···~ -· -··-. ·--· -··· ..... --· .. ··-·- ···--···--- Current Proposed I Courtrooms Judges Courtrooms . Judges l District I I -Active 1* 1* 2 2** 1 -Senior l 1 1 1 -Visiting*** 1 1 0 1 : I Magistrate ' 1 1 1 1 Bankruptcy*** 1 1 1 1

. . ! J .... . ·,._.-~"" .. l Total: 5 I 5 5 I 6 " Currently unnss1gned courtroom and chambers "'~ This nccounts for one replucement judge and one judge rclocntlng from Birmlnghnm *• 41 Visiting and Bankruptcy facilities nre currently located in leased space in Decatur, AL

Future of Existing Federal Building GSA plans to reuse the existing Huntsville Post Office and U.S. Courthouse to house agencies currently located in leased space in the surrounding area. The tenant mix is pending confirmation of agency program requirements to detennine the best housing solution,. GSA plans to utilize funds remaining from the courthouse appropriation to renovate and backfill the existing building as was originally envisioned. 111e remaining funds total $23,537,000. A prospectus requesting approval for the anticipated renovation project will be submitted at a future date along with a request to transfer the necessary funds from new construction to repair and alteration.

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE HUNTSVILLE, AL

Prospectus Number: P AL-CTC-HU 18 Congressional District: 5

Prior Appropriations

Public Law Fiscal Year Amount Proposed Project

115-141 2018 $11 0,000,000 Site, Design, Construction, M&l

Appropriations to Date $110,000,000

*Public Law 115-.141 funded $110,000,000 for courthouse construction in Huntsville, AL, as requested by the Federal Judiciary's Courthouse Project Priorities list. The $110,000,000 on the CPP was based on site acquisition, new courthouse construction, and renovation of the existing courthouse. GSA plans to utilize fimds remaining from the new courthouse appropriation to renovate and backfill the existing building. GSA will make a future request for prospectus approval for renovation of the existing building and a future transfer request from nev,; construction to repair and alteration.

Prior Committee Approvals None

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GSA PBS

PROSPECTUS NEW U.S. COURTHOUSE -HUNTSVILLE, AL

Prospectus Number: PAL-CTC-HU 18 Congressional Distrit::t: 5

Certification of Need The proposed project is the best solution to meet a validated Govem:ment need.

Commissioner, Public Buildings Service

Administrator, General Services Administration

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December 17, 2018 CONGRESSIONAL RECORD — HOUSE H10259

AL AL

' '

i i

- -

125 125

!28 !28

880 880

950 950 3\8 3\8

250 250

544 544

450 450

1,050 1,050

1,590 1,590

1,100 1,100

3.090 3.090

5,005 5,005

1,500 1,500

1,433 1,433

1,255 1,255

5,253 5,253

5,965 5,965

5,916 5,916

9,023 9,023

10,800 10,800

4,263 4,263 5,090 5,090

23,946 23,946

23,628 23,628

24,9GH 24,9GH

10,555 10,555

23,396 23,396

98,271 98,271

74,643 74,643

Huntsville, Huntsville,

USF USF

Total Total

PAL-CTC-HU18 PAL-CTC-HU18

- -

132 132

J, J,

1,000 1,000

1,255 1,255

1,410 1,410 8,685 8,685

2,220 2,220

2,170 2,170

2,150 2,150

4,946 4,946

24,968 24,968

(USF) (USF)

1\rcn/Vnult 1\rcn/Vnult

Special Special

Fcc\ Fcc\

Srncc Srncc

Total Total

- -

- - -

- -

>ecial >ecial

Square Square

Room Room

S S

Cells/Secure Cells/Secure

Center Center

Storuge Storuge

Service Service

Port Port

Room Room

Usable Usable

Storage Storage

Conference/Training Conference/Training Food Food

Fitness Fitness

Sally Sally

Mail Mail

Lat:tatiun Lat:tatiun

Holding Holding Courtroom~ Courtroom~

Secure Secure ADP ADP

Restroom Restroom

- -

PROPOSED PROPOSED

318 318

544 544

450 450

,433 ,433

I I

1,500 1,500

3,696 3,696

3,0R3 3,0R3

9,423 9,423 2,113 2,113

4,%5 4,%5

3,680 3,680

4,077 4,077

14,711 14,711

49,675 49,675

Office Office

3 3

4 4

lO lO 13 13

13 13

JS JS

I3 I3

15 15

86 86

building. building.

Total Total

the the

- -

of of

3 3

4 4 4

4 4

lJ lJ

10 10

13 13 13 13

15 15

18 18

86 86

Personnel Personnel

Ort)ce Ort)ce

occupants occupants

- -

the the

316 316

318 318

to to

1,903 1,903

R,465 R,465

2,\42 2,\42

2,705 2,705

8,405 8,405

3,339 3,339

7,754 7,754

I I

23,946 23,946

23,62S 23,62S

21,4111 21,4111

68,975 68,975

Total Total

joint!y joint!y

AL AL

USF) USF)

R R

- -

( (

.. .. -

- -

Courthouse Courthouse

316 316

1431 1431

rcquircmcn\s. rcquircmcn\s.

available available

1331 1331

15,065 15,065

Fcc\ Fcc\

_15,065 _15,065

Special Special

U.S. U.S.

Huntsville, Huntsville,

define define

spuce spuce

- -

Ia Ia

- -

Square Square

New New

705 705

and and

7~'-,-

Storace Storace

-. -.

Usable Usable

agencies agencies

CURRENT CURRENT

711 711

318 318

4,442 4,442

1.705 1.705

1,903 1,903 furr1i.shings furr1i.shings

8,176 8,176

3,339 3,339

7,75·1 7,75·1

8,405 8,405

21,4111 21,4111

29,?1_7 29,?1_7

Office Office

and. and.

Sxcculivc Sxcculivc

- -

4 4 -

9 9

5 5

3 3

II II

10 10

34 34

19 19

63 63

Total Total

Federnl Federnl

personnel personnel

----

9 9

- 4 4

with with

7 7 7

5 5

3 3

II II

10 10

34 34

63 63

13 13 13

Personnel Personnel

29 29

tenn.nt~s tenn.nt~s

a a

Oflicc Oflicc

work work

lo lo

by by

use use

GSA GSA

-----

for for

projccl. projccl.

llama llama

available available

Ala Ala

ful\trc ful\trc

------

Lneatinns Lneatinns

a a

(cot~rtraoms/clwmbcrs) (cot~rtraoms/clwmbcrs)

---

b1Jilding b1Jilding

wilil wilil

Lot~tion Lot~tion

Decatur, Decatur,

Jury Jury

the the

Adminislrntion Adminislrntion

Attorney Attorney

of of

Service Service

Locntions Locntions

(cot.Jrtroom~/<::h;Jmbers) (cot.Jrtroom~/<::h;Jmbers)

(cuurtroum~/dwmbcrs) (cuurtroum~/dwmbcrs)

CourthonSQ CourthonSQ

CT-

Scrvi'cc Scrvi'cc

tvfngistr~te tvfngistr~te

Service Service

llncklill* llncklill*

Grund Grund

Clerk Clerk

backfill* backfill*

U.S. U.S.

Leased Leased

(cmu1rot~ms/chambcrs) (cmu1rot~ms/chambcrs)

(cnurtnmms/cha1nbcr~) (cnurtnmms/cha1nbcr~)

(cour\rooms/cbambcrs) (cour\rooms/cbambcrs)

Clerk Clerk

nud nud

nice nice

fnr fnr

Administrator Administrator

Court Court

for for

Court Court

Clerk Clerk

Administrator Administrator

portion portion

\he \he

-·--··-----

·a ·a

Olticc Olticc

accomplished accomplished

Detender Detender

Lynne Lynne

Buildings Buildings

of of

Ct~urt Ct~urt

Courr-

Court Court

Court-

Court Court

Governmcnt~Orvnrtl Governmcnt~Orvnrtl

the the

Gliforccmcnt Gliforccmcnt

1tcy 1tcy

be be

Marshals Marshals

H. H.

r r

OfHc~:: OfHc~::

Cum·tlwusc Cum·tlwusc

Leases Leases

U.S. U.S.

Dm Dm

Public Public

Oftice Oftice

means means

Use Use

Post Post

Probatlon Probatlon

U.S. U.S.

Usc Usc

Distrid Distrid

Distriet Distriet

Bankruptcy Bankruptcy District District

Bankmptcy-

District District

B~mkruptcy B~mkruptcy

District District

Bankruptcy Bankruptcy

Probation Probation

Bankruptcy Bankruptcy

Bunhu Bunhu

Distric\ Distric\

Saekfilllo Saekfilllo

USF USF

NOTES: NOTES:

U.S. U.S.

DOJ-

Polcntial Polcntial

Vacant Vacant U.S. U.S.

U.S. U.S. Joint Joint

2018 2018

U.S. U.S.

New New

U.S. U.S.

Sulltotal Sulltotal

DOJ- DO]-

U.S. U.S.

U.S. U.S. Feclernll'ublic Feclernll'ublic

U.S. U.S.

GSA-

U.S. U.S.

Joint Joint

Suhtotal Suhtotal

Scybourne Scybourne

1 1

Potential Potential

Subtot:t! Subtot:t!

I I

1 1

I I

jTot:tl jTot:tl

I I August August

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GSA PBS

PROSPECTUS- ALTERATION FRANK E. MOSS U.S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017~SL19 · Congressional District: 2

FY 2019 Project Summary The General Services Administration (GSA) proposes a repair and alteration project to address seismic deficiencies; undertake targeted building systems modernizations; ai1d reconfigure, alter, and backfill vacant space at the Frank E. Moss U. S. Courthouse (Moss Courthouse) located at 350 So'uth Main Street in Salt Lake City, Utah. GSA's Seismic Rating System Report, released on March 31, 2016, lists the Moss Courthouse as having one of the highest seismic risk ratings in the GSA portfolio. Once renovated, relocation of agencies cunently in leased space into the Moss Courthouse will provide an annual lease cost avoidance of approximately $4,400,000 and an annual agency rent savings of approximately $2,400,000,

Project Background As part of its Fiscal Year (FY) 2014 Capital Investment and Leasing Program, GSA requested $15,000,000 for the reconfiguration and alteration of existing space at the Moss Courthouse. The · Consolidated Appropriations Act, 2014 (Public Law 113-76), appropriated a lun1p sum of $593,288,000 for Major Repairs and Alterations and, as part of GSA's FY 2014 Major ·Repairs and Alterations Expenditure Plan, GSA allocated $15,000,000 for the Moss Courthouse project. Upon re-evaluation of the building's repair and alteration needs, including the identification of significant seismic deficiencies, GSA, in collaboration with plam1cd backfill tenants; decided to halt the FY 2014 project. This prospectus request reflects and is seeking approval of a more comprehensive project scope. The appropriation needed in suppmi of this request has been reduced by the balance of funds remaining from the FY 2014 allocation. '

FY 2019 Committee Approval Requested (Design, Construction, Management & Inspection) ...... $116,893,000

FY 2019 Appropriation Requested (Design, Construction, Management & Inspecti~n) ...... $103,646,0001

1 A portion of the FY 2014 funds was expended on project development prior to the cessation of the project The $13,247,000 remaining will be used for this project, thereby lowering the overall appropriation request in this prospectus.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U.S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Major Work Items Seismic upgrades; inte1ior alterations; building exterior restoration; roof repairs; heating, ventilation, and air conditioning (HV AC), fire and life safety, plumbing, eleCtrical and conveyance systems upgrades; grounds and approaches, telecommunication andrestroom upgrades; and hazardous material abatement

Project Budget Design ...... $9,650,000 Estimated Construction Cost (ECC) ...... ;...... 100,016,000 Management and Inspection (M&I) ...... 7,227,000 Estimated Total Project Cost (ETPC)* ...... $116,893,000

*Tenant agencies may fund ali. additional amount for alterations above the standard nonnally provided by GSA.

Schedule Start End Design and Constmction FY 2019 FY 2023

Building The Moss Comihouse is located in the Exchange Place Historic District of downtown Salt Lake City, Utah. 01iginally constructed in three distinct phases in 1905, 1912, and 1932, the building served as a United States Post Office and Courthouse and contains 229,807 gross square feet. The building has five stmies above grade, with an elevator/mechanical penthouse and full basement below grade. The building is listed in the National Register of Histmic Places as a contributing building and as the oldest structure in the Exchange Place Historic District. In 2014, the new U.S. Courthouse Almex was completed next to the Moss Courthouse, and the two buildings became physically connected through underground access tum1els, a shared loading dock, and a shared c.h:illing system.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U. S. COURTHOUSE SAIJT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional Distlict: 2

Tenant Agencies Depmtment of Agriculture-National Agricultural Statistics Service; Department of Health and Human Services-Program Support Center; Depmtment of Justice-Marshals Service, Bureau of Prisons and Trustees; Judiciary-Bankmptcy Court and Clerk; Department of Commerce-Intemationa1 Trade Administration; Depmtment of the Intclior-National Park Service; United States Tax Court; Department of Defense-Army Corps of Engineers, Arri:led Forces Recruiting, and Defense Contract Audit Agency; and GSA.

Proposed Project The proposed project will address seismic deficiencies by utilizing shear walls and seismic bracing. The project will address structural deficiencies; upgrade mechanical systems; provide new and repaired floor, wall, and ceiling finishes in areas impacted by seismic retrofits; replace fixtures and improve access to comply with Architectural Barriers Act Accessibility Standards (ABBAS); upgrade .plumbing; provide a new boiler; upgrade the HV AC system; upgrade elevators; and complete fire and life safety upgrades. Backfill of vacant space provides a long-term housing solution for valious tenants in the historic Central Business District (CBD) of Salt Lake City and generates lease cost avoidance. Alterations will be completed while the building is vacant.

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GSA PBS

PROSPECTUS- ALTERATION FRANK E. MOSS U.S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Major Work Items Seismic Upgrades Intelior Alterations $47,312,000 HVAC Upgrades 32,459;000 Building Exterior Restoration 4,570,000 Roofing Repairs 4,507,000 Fire and Life Safety Upgrades 2,596,000 Plumbing Upgrades 2,106,000 Grounds and Approaches Upgrades 2,067,000 Electrical Upgrades 1,294,000 Hazardous Material Abatement 1,034,000 Telecommunications Upgrades 1,026,000 Elevator Upgrades '513,000 Restroom Upgrades 378,000 154,090 TotalECC $100,016,000

Justification Investment in the Moss Courthouse is needed to keep this historic buildingin the Federal inventory, comply with Executive Order 13717 (Establishing a Federal Earthquake Risk Management Standard), and protect building occupants and visitors by meeting current safety codes.

GSA's Seismic Rating System Report, released on March 31, 2016, lists the Moss Courthouse as having one of the highest seismic 1isk ratings in the GSA portfolio. The Moss Comihouse was determined to be a long-term seismic 1isk that requires a seismic mitigation plan to reduce the risk. To address this 1isk and comply with Executive Order 13717, this project adopts the Standards of Seismic Safety for Existing Federally Owned and Leased Buildings to meet the minimum level acceptable for managing earthquake risk.

Whe11 the U.S. District Comi relocated to the new U.S. Courthouse Am1ex, it vacated approximately 91,000 usable square feet (USF) of the building's 151,000 USF. This project provides for the backfill of the vacant space with agencies located in leased space. GSA cuuently leases more than half a million USF in the Salt Lake City market. The Moss Comihouse is a desirable location near the light rail and CBD amenities, and provides a level of security that customer agencies require.

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GSA PBS

PROSPECTUS -ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

The last significant capital investment in the Moss Courthouse was ovet 24 years ago. The building systems have reached or exceeded their expected useful lives and are becoming more costly to repair. This proj cct continues to leverage co-location of the two buildings by replacing the Moss· Comihouse boiler, which is at the end of its useful life, with a new boiler to be located in the new U.S. Courthouse Annex in mechanical space specifically designed to accommodate a new boiler for the Moss Courthouse.

Current building occupants will be housed in temporary swing space outside of the building while construction occurs. The project will be completed while the building is empty to reduce risk, lessen the estimated construction timeline, and decrease estimated construction costs.

Summary of Energy Compliance Tllis projectwill be designed to conform to requirements of the Facilities Standards for the Public Buildings Service. GSA encourages design opportunities to increase energy and watet efficiency above the minimum performance criteria.

Prior Appropriations GSA received lump-sum funding in FY 2014 for Major Repairs and Alterations· and allocated $15,000,000 for a Moss Courthouse project, as described in greater detail in the Project Background section of this prospectus. A portion of the FY 2014 funds were expended on project development, but the remaining $13,247,000 will be applied to this newly scoped project.

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GSA PBS

PROSPECTUS- ALTERATION FRAt~K E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional District: 2

Prior Committee Approvals Prior Committee Approvals Committee Date Amount Purpose Senate EPW 2/6/2014 $15,000,000 Design=$1 ,000,000 ECC=$13,000,000 M&I=$1,000,000 House T&I 3/13/2014 $15,000,000 Design=$1,000,000 ECC=$13,000,000 M&I=$1,000,000

Prior Prospectus Level Projects in Building (past 10 vears) None

Alternatives Considered (30-year, present value cost analysis) Alteration: ...... :...... :...... $.111,516,000 Lease: ...... ;...... $164,172,000 New Construction: ...... $110,500,000

The 30-year, present value cost of alteration is $1,016,000 more than the cost of new construction, with an equivalent annual cost disadvantage of $50,489. Although alteration is slightly more expensive than the new construction altemative, alteration is the preferred altemative. The Moss Courthouse is adjacentto and shares critical building systems with the U.S. Courthouse Annex and is of historical significance.

Recommendation ALTERATION

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GSA PBS

PROSPECTUS ALTERATION FRANK E. MOSS U. S. COURTHOUSE SALT LAKE CITY, UTAH

Prospectus Number: PUT-0017-SL19 Congressional Dist1ict: 2

Certification ofNeed The proposed project is the best solution to meet a validated Govemment need.

Submitted at Washington, DC, on Febmary 12, 2018·-----'-----~----

Approved: ~,~10.1~ ~ mstrator, General Serv1ces Adrnmistration

VerDate Sep 11 2014 01:39 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.016 H17DEPT1 dlhill on DSK3GLQ082PROD with HOUSE Insert offset folio 10/57 here EH17DE18.046 H10268 CONGRESSIONAL RECORD — HOUSE December 17, 2018 There was no objection. H.R. 3996. To amend title 28, United States H.R. 4407. To designate the facility of the Code, to permit other courts to transfer cer- United States Postal Service located at 3s101 f tain cases to United States Tax Court. Rockwell Street in Warrenville, Illinois, as H.R. 5759. To improve executive agency the ‘‘Corporal Jeffrey Allen Williams Post BILLS PRESENTED TO THE Office Building’’. PRESIDENT digital services, and for other purposes. H.R. 2454. To direct the Secretary of Home- f Karen L. Haas, Clerk of the House, land Security to establish a data framework reported that on December 13, 2018, she to provide access for appropriate personnel ADJOURNMENT presented to the President of the to law enforcement and other information of The SPEAKER pro tempore. Without United States, for his approval, the fol- the Department, and for other purposes. objection, the House stands adjourned lowing bills: H.R. 1918. To oppose loans at international until noon on Wednesday, December 19, H.R. 4111. To amend the Small Business In- financial institutions for the Government of 2018, for morning-hour debate and 2 vestment Act of 1958 to improve the number Nicaragua unless the Government of Nica- p.m. for legislative business. of small business investment companies in ragua is taking effective steps to hold free, fair, and transparent elections, and for other There was no objection. underlicensed States, and for other purposes. Thereupon (at 11 o’clock and 35 min- H.R. 1872. To promote access for United purposes. States diplomats and other officials, journal- H.R. 3342. To impose sanctions with respect utes a.m.), under its previous order, the ists, and other citizens to Tibetan areas of to foreign persons that are responsible for House adjourned until Wednesday De- the People’s Republic of China, and for other using civilians as human shields, and for cember 19, 2018, at noon for morning- purposes. hother purposes. hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quarter of 2018, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA, EXPENDED BETWEEN NOV. 16 AND NOV. 19, 2018

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Turner ...... 11 /16 11 /18 Canada ...... 620.00 (3) 856.00 ...... 1,476.00 Hon. Gerry Connolly ...... 11/16 11/19 Canada ...... 930.00 (3) ...... 930.00 Hon. Tom Marino ...... 11 /16 11 /19 Canada ...... 930.00 (3) ...... 930.00 Hon. Rob Bishop ...... 11/16 11/19 Canada ...... 930.00 (3) ...... 930.00 Hon. Susan Davis ...... 11/16 11 /19 Canada ...... 930.00 (3) ...... 930.00 Hon. Rick Larsen ...... 11 /16 11 /19 Canada ...... 930.00 (3) ...... 930.00 Hon. Jim Costa ...... 11 /16 11/19 Canada ...... 930.00 (3) ...... 930.00 Hon. Brett Guthrie ...... 11/16 11/19 Canada ...... 930.00 (3) ...... 930.00 Adam Howard ...... 11 /16 11 /19 Canada ...... 930.00 (3) ...... 930.00 Janice Robinson ...... 11 /16 11 /19 Canada ...... 930.00 (3) ...... 930.00 Ed Rice ...... 11/16 11/19 Canada ...... 930.00 (3) ...... 930.00

Committee total ...... 9,920.00 (3) 856.00 ...... 10,776.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. MICHAEL R. TURNER, Nov. 28, 2018.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO SPAIN, EXPENDED BETWEEN OCT. 29 AND NOV. 1, 2018

Cindy Herrle ...... 10/29 11/1 Spain ...... 753.00 ...... 9,242.00 ...... 9,995.00 Katie Pointer ...... 10 /29 11/1 Spain ...... 753.00 ...... 13,844.00 ...... 14,597.00 Committee total ...... 1,506.00 ...... 23,086.00 ...... 24,592.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h MS. CINDY HERRLE, Nov. 27, 2018.

EXECUTIVE COMMUNICATIONS, cy’s final rule — Air Plan Approval; Texas; cy’s final rule — Air Plan and Operating Per- ETC. Interstate Transport Requirements for the mit Program Approval: AL, GA and SC; Re- 1997 Ozone National Ambient Air Quality visions to Public Notice Provisions in Per- Under clause 2 of rule XIV, executive Standards [EPA-R06-OAR-2008-0408; FRL- mitting Programs [EPA-R04-OAR-2018-0296; communications were taken from the 9986-64-Region 6] received December 6, 2018, FRL-9987-13-Region 4] received December 3, Speaker’s table and referred as follows: pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public 104-121, Sec. 251; (110 Stat. 868); to the Com- 7170. A letter from the Director, Regu- Law 104-121, Sec. 251; (110 Stat. 868); to the mittee on Energy and Commerce. Committee on Energy and Commerce. latory Management Division, Environmental 7172. A letter from the Director, Regu- Protection Agency, transmitting the Agen- latory Management Division, Environmental 7174. A letter from the Director, Regu- cy’s final rule — Accidental Release Preven- Protection Agency, transmitting the Agen- latory Management Division, Environmental tion Requirements: Risk Management Pro- cy’s direct final rule — Air Plan Approval; Protection Agency, transmitting the Agen- grams Under the Clean Air Act [EPA-HQ- Texas; Emission Statements [EPA-R06-OAR- cy’s final rule — 1-Propanesulfonic acid, 2- OEM-2015-0725; FRL-9987-23-OLEM] received 2018-0676; FRL-9986-66-Region 6] received De- methyl-2-[(1-oxo-2-propen-1-y1)amino]—, December 3, 2018, pursuant to 5 U.S.C. cember 1, 2018, pursuant to 5 U.S.C. homopolymer, sodium salt and 1- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Propanesulfonic acid, 2-methyl-2-[(1-oxo-2- Stat. 868); to the Committee on Energy and Stat. 868); to the Committee on Energy and propen-1-y1)amino]—, sodium salt (1:1), Commerce. Commerce. homopolymer; Tolerance Exemption [EPA- 7171. A letter from the Director, Regu- 7173. A letter from the Director, Regu- HQ-OPP-2018-0290; FRL-9985-99] received De- latory Management Division, Environmental latory Management Division, Environmental cember 3, 2018, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110

VerDate Sep 11 2014 04:19 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.004 H17DEPT1 dlhill on DSK3GLQ082PROD with HOUSE December 17, 2018 CONGRESSIONAL RECORD — HOUSE H10269 Stat. 868); to the Committee on Energy and By Mr. GRAVES of Louisiana (for him- power to make all laws necessary and proper Commerce. self and Ms. PLASKETT): for carrying out the powers vested in Con- f H.R. 7322. A bill to amend the Robert T. gress) and clause 17 (relating to authority Stafford Disaster Relief and Emergency As- over the district as the seat of government), REPORTS OF COMMITTEES ON sistance Act to ensure that unmet needs and Article IV, Section 3, Clause 2 (relating PUBLIC BILLS AND RESOLUTIONS after a major disaster are met; to the Com- to the power of Congress to dispose of and Under clause 2 of rule XIII, reports of mittee on Transportation and Infrastruc- make all needful rules and regulations re- committees were delivered to the Clerk ture. specting the territory or other property be- By Ms. JENKINS of Kansas: longing to the United States). for printing and reference to the proper H.R. 7323. A bill to amend the Federal De- By Mr. BARLETTA: calendar, as follows: posit Insurance Act with respect to share- H.R. 7319. Mr. CHABOT: Committee on Small Busi- holder claims arising from the appointment Congress has the power to enact this legis- ness. Report on the Activities of the Com- of a conservator or receiver for certain de- lation pursuant to the following: mittee on Small Business 115th Congress pository institutions, and for other purposes; Article I, Section 8 of the United States (Rept. 115–1079). Referred to the Committee to the Committee on Financial Services. Constitution, specifically Clause 1 (relating of the Whole House on the state of the By Mr. KELLY of Pennsylvania: to providing for the general welfare of the Union. H.R. 7324. A bill to clarify the orphan drug United States) and Clause 18 (relating to the f exception to the annual fee on branded pre- power to make all laws necessary and proper scription pharmaceutical manufacturers and for carrying out the powers vested in Con- PUBLIC BILLS AND RESOLUTIONS importers, and for other purposes; to the gress) and clause 17 (relating to authority Under clause 2 of rule XII, public Committee on Ways and Means, and in addi- over the district as the seat of government), bills and resolutions of the following tion to the Committee on Energy and Com- and Article IV, Section 3, Clause 2 (relating titles were introduced and severally re- merce, for a period to be subsequently deter- to the power of Congress to dispose of and mined by the Speaker, in each case for con- make all needful rules and regulations referred, as follows: sideration of such provisions as fall within specting the territory or other property be- By Mr. SHUSTER: the jurisdiction of the committee concerned. longing to the United States). H.R. 7316. A bill to make technical correc- By Mr. PALAZZO: By Ms. CLARK of Massachusetts: tions to provisions of law enacted by the H.R. 7325. A bill to provide for the issuance H.R. 7320. Frank LoBiondo Coast Guard Authorization of revenue bonds to fund construction of a Congress has the power to enact this legis- Act of 2018, and for other purposes; to the physical border barrier and related tech- lation pursuant to the following: Committee on Transportation and Infra- nology, roads, and lighting along the United Article I, Section 8, United States Con- structure. States border with Mexico; to the Committee stitution By Mr. SHUSTER: on Ways and Means, and in addition to the By Mr. GALLAGHER: H.R. 7317. A bill to direct the Secretary of Committee on Homeland Security, for a pe- H.R. 7321. Veterans Affairs to carry out a pilot pro- riod to be subsequently determined by the Congress has the power to enact this legis- gram under which the Secretary shall enter Speaker, in each case for consideration of lation pursuant to the following: into agreements for the construction, ren- such provisions as fall within the jurisdic- Article 1, Section 8 of the Constitution, ovation, improvement, and lease of facilities tion of the committee concerned. specifically, the power to ‘‘To regulate Com- in order to address the deferred capital back- By Mr. RATCLIFFE (for himself and merce with foreign Nations, and among the log of the Department of Veterans Affairs, Miss RICE of New York): several States, and with the Indian Tribes.’’ and for other purposes; to the Committee on H.R. 7326. A bill to amend section 175b of By Mr. GRAVES of Louisiana: Veterans’ Affairs, and in addition to the title 18, United States Code, to correct a H.R. 7322. Committee on Transportation and Infra- scrivener’s error; to the Committee on the Congress has the power to enact this legis- structure, for a period to be subsequently de- Judiciary. lation pursuant to the following: termined by the Speaker, in each case for Article I, Section 8 of the United States f consideration of such provisions as fall with- Constitution, specifically Clause 1 (relating in the jurisdiction of the committee con- CONSTITUTIONAL AUTHORITY to providing for the common defense and cerned. STATEMENT general welfare of the United States) and By Mr. BARLETTA (for himself and Clause 18 (relating to the power to make all Mr. DENHAM): Pursuant to clause 7 of rule XII of laws necessary and proper for carrying out H.R. 7318. A bill to amend the Federal As- the Rules of the House of Representa- the powers vested in Congress). sets Sale and Transfer Act of 2016 to ensure tives, the following statements are sub- By Ms. JENKINS of Kansas: that the Public Buildings Reform Board has mitted regarding the specific powers H.R. 7323. adequate time to carry out the responsibil- granted to Congress in the Constitu- Congress has the power to enact this legis- ities of the Board, and for other purposes; to tion to enact the accompanying bill or lation pursuant to the following: the Committee on Transportation and Infra- joint resolution. Article I, Section 8. To make all Laws structure. which shall be necessary and proper for car- By Mr. BARLETTA (for himself and By Mr. SHUSTER: rying into Execution the foregoing Powers, Mr. DENHAM): H.R. 7316. and all other Powers vested by this Constitu- H.R. 7319. A bill to amend the Federal As- Congress has the power to enact this legis- tion in the Government of the United States, sets Sale and Transfer Act of 2016 to provide lation pursuant to the following: or in any Department or Office thereof. flexibility with respect to the leaseback of Article 1, Section 8, Clause 18 of the United By Mr. KELLY of Pennsylvania: certain Federal real property, and for other States Constitution. H.R. 7324. purposes; to the Committee on Transpor- By Mr. SHUSTER: Congress has the power to enact this legis- tation and Infrastructure. H.R. 7317. lation pursuant to the following: By Ms. CLARK of Massachusetts: Congress has the power to enact this legis- The Congress enacts this bill pursuant to H.R. 7320. A bill to amend the Elementary lation pursuant to the following: Article I Section 8 of the United States Con- and Secondary Education Act of 1965 to pro- Article I, Section 8 of the United States stitution. vide criteria for use of Federal funds to sup- Constitution, specifically Clause 1 (relating By Mr. PALAZZO: port trauma-informed practices in schools, to providing for the general welfare of the H.R. 7325. and for other purposes; to the Committee on United States) and Clause 18 (relating to the Congress has the power to enact this legis- Education and the Workforce. power to make all laws necessary and proper lation pursuant to the following: By Mr. GALLAGHER (for himself, Ms. for carrying out the powers vested in Con- Section 8 of Article 1 of the Constitution of STEFANIK, Mrs. WALORSKI, Mr. LAM- gress) and clause 17 (relating to authority the United States BORN, Mr. KING of New York, Mr. over the district as the seat of government), By Mr. RATCLIFFE: BACON, and Mr. BANKS of Indiana): and Article IV, Section 3, Clause 2 (relating H.R. 7326. H.R. 7321. A bill to impose sanctions with to the power of Congress to dispose of and Congress has the power to enact this legis- respect to Iranian financial institutions and make all needful rules and regulations relation pursuant to the following: the development and use of Iranian digital specting the territory or other property be- Article I, Section 8 of the United States currency, and for other purposes; to the longing to the United States). Constitution. Committee on Foreign Affairs, and in addi- By Mr. BARLETTA: f tion to the Committees on Financial Serv- H.R. 7318. ices, the Judiciary, Ways and Means, and Congress has the power to enact this legis- ADDITIONAL SPONSORS Oversight and Government Reform, for a pe- lation pursuant to the following: Under clause 7 of rule XII, sponsors riod to be subsequently determined by the Article I, Section 8 of the United States Speaker, in each case for consideration of Constitution, specifically Clause 1 (relating were added to public bills and resolu- such provisions as fall within the jurisdic- to providing for the general welfare of the tions, as follows: tion of the committee concerned. United States) and Clause 18 (relating to the H.R. 356: Ms. WILD and Ms. SCANLON.

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H.R. 866: Ms. CLARKE of New York. H.R. 6694: Ms. WILD. H. Con. Res. 138: Mr. RUPPERSBERGER. H.R. 1438: Mr. SWALWELL of California. H.R. 6759: Mr. ESPAILLAT, Mr. CARTWRIGHT, H. Con. Res. 142: Mr. RUPPERSBERGER and H.R. 1495: Mr. DELANEY. and Ms. LOFGREN. Mr. SWALWELL of California. H.R. 4240: Ms. SCANLON. H.R. 7030: Ms. ESHOO, Mr. LOWENTHAL, and H. Res. 637: Mr. ROUZER, Mr. CULBERSON, H.R. 5678: Mr. GONZALEZ of Texas. Mr. LEWIS of Georgia. H.R. 6454: Mr. PETERS and Ms. SCHA- H.R. 7082: Mr. RASKIN and Ms. MAXINE Mr. HERN, Mr. OLSON, Mr. FORTENBERRY, Mr. KOWSKY. WATERS of California. DUNCAN of South Carolina, Mr. KELLY of Mis- H.R. 6649: Mr. MORELLE. H.R. 7228: Mr. SOTO, Ms. VELA´ ZQUEZ, and sissippi, Mr. BACON, Mr. LOUDERMILK, and H.R. 6685: Ms. WILD. Ms. CASTOR of Florida. Mr. CLOUD. H.R. 6693: Ms. WILD. H.J. Res. 118: Mr. COOPER. H. Res. 910: Mrs. BUSTOS.

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Vol. 164 WASHINGTON, MONDAY, DECEMBER 17, 2018 No. 198 Senate The Senate met at 3 p.m. and was STATE OF MISSISSIPPI today’s announcement from our dear called to order by the President pro CERTIFICATE OF ELECTION FOR UNEXPIRED friend, the senior Senator from Ten- tempore (Mr. HATCH). TERM nessee. To the President of the Senate of the United The great State of Tennessee has f States: been generous to the U.S. Senate over This is to certify that on the 27th day of the years. A number of the State’s Sen- PRAYER November 2018, Cindy Hyde-Smith was duly The Chaplain, Dr. Barry C. Black, of- chosen by the qualified electors of the State ators from both parties have enriched fered the following prayer: of Mississippi a Senator for the unexpired this institution through especially dis- Let us pray. term ending at noon on the 3rd day of Janu- tinguished service and built reputa- Almighty and eternal God, You shine ary, Two Thousand Twenty-One, to fill the tions as national leaders. in the darkness. The whole Earth is vacancy in the representation from Mis- Nobody embodies this legacy more sissippi in the Senate of the United States fully than LAMAR ALEXANDER. While I bathed in Your light. Today, be near to caused by the resignation of Thad Cochran. our lawmakers. Penetrate the springs Given under my hand, and our seal affixed am sure he will accomplish even more of their being, bringing cleansing, heal- hereto, at the City of Jackson, this the 12th over the next 2 years, LAMAR is already ing, and unity. Drive them away from day of December in the year of our Lord, one of the most consequential Senators the shadows of disunity, enabling them Two Thousand Eighteen. on domestic policy in memory. LAMAR By the Governor: to find common ground. In times of was a success long before he became a PHIL BRYANT, Senator. He had already been a popular routine and humble duties, may they Governor of the State remember they are serving you. of Mississippi. and accomplished Governor and a bril- Lord, as we all trust in Your mercies, C. DELBERT HOSEMANN, liant Secretary of Education, but for- surround our Nation with the shield of JR., tunately for this body and for our Na- Your favor and protection. And, Lord, Secretary of State. tion, 16 years ago the Volunteer State we ask your blessings upon your serv- [State Seal Affixed] saw fit to continue that career of excel- ant, Senator CINDY HYDE-SMITH, who f lence by sending LAMAR here. will be sworn in today. ADMINISTRATION OF THE OATH He has chaired the Republican con- We pray in Your great Name. Amen. OF OFFICE ference. He has chaired the HELP Com- mittee. For his colleagues in both par- f The PRESIDENT pro tempore. If the Senator-elect will now present herself ties he is a go-to expert on some of the PLEDGE OF ALLEGIANCE to the desk, the Chair will administer most critical subjects that directly im- The President pro tempore led the the oath of office. pact Americans’ lives, particularly Pledge of Allegiance, as follows: Senator HYDE-SMITH, escorted by American families, healthcare, and our Senator MCCONNELL, advanced to the children’s schools. I pledge allegiance to the Flag of the The Every Student Succeeds Act and United States of America, and to the Repub- desk of the President pro tempore; the lic for which it stands, one nation under God, oath prescribed by law was adminis- this year’s landmark opioids legisla- indivisible, with liberty and justice for all. tered to Senator HYDE-SMITH by the tion are two perfect examples of signa- President pro tempore, and she sever- ture LAMAR ALEXANDER accomplish- f ally subscribed to the oath in the Offi- ments. They tackle challenging issues CERTIFICATE OF ELECTION FOR cial Oath Book. in a thoughtful and substantive way. UNEXPIRED TERM f They tangibly improve Americans’ The PRESIDENT pro tempore. The RESERVATION OF LEADER TIME lives, and they passed both Houses of Congress with big bipartisan majori- Chair lays before the Senate a certifi- The PRESIDING OFFICER (Mr. cate of election to fill the unexpired ties. KYL). Under the previous order, the So the Senate will be lesser without term created by the resignation of leadership time is reserved. LAMAR’s wisdom, collegiality, and ex- former Senator Thad Cochran, of Mis- f pertise when he retires. I am glad that sissippi. RECOGNITION OF THE MAJORITY day is 2 years away and grateful we The certificate, the Chair is advised, LEADER is in the form suggested by the Senate. will keep benefiting from his leader- The PRESIDING OFFICER. The ma- If there be no objection, the reading of ship through the 116th Congress. jority leader is recognized. the certificate will be waived, and it f f will be printed in full in the RECORD. There being no objection, the mate- TRIBUTE TO LAMAR ALEXANDER SENATE AGENDA rial was ordered to be printed in the Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, on RECORD, as follows would like to say a few words following another matter, in recent days I have

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

S7627

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Mr. President, I ficking, including programs to reduce the vul- was the case at this time last week, move to concur in the House amend- nerability of particularly vulnerable popu- there are important items that have ment and ask unanimous consent that lations, involving survivors of trafficking in community engagement and policy making, en- yet to be addressed, but thanks to the the motion be agreed to and that the gagement with foreign migrants, ending unrea- bipartisan progress made last week, we motion to reconsider be considered sonable recruitment fees, and other such meas- are significantly closer to the finish made and laid upon the table. ures. line. The PRESIDING OFFICER. Without ‘‘(H) Victim services offered, including immi- Together, guided by Chairman BLUNT objection, it is so ordered. gration services and restitution. and Senator KLOBUCHAR, the Senate f ‘‘(I) The amount of money the government has met the need to revise how Congress committed to the actions described in subpara- TRAFFICKING VICTIMS handles claims of sexual harassment, graphs (A) through (H). PROTECTION ACT OF 2017 ‘‘(6) CREDIBLE EVIDENCE.—The term ‘credible workplace discrimination, and other evidence’ includes all of the following: Mr. MCCONNELL. Mr. President, I workplace violations. ‘‘(A) Reports by the Department of State. Under the leadership of Chairman ask that the Chair lay before the Sen- ‘‘(B) Reports of other Federal agencies, in- ROBERTS and Senator STABENOW, we ate the message to accompany S. 1312. cluding the Department of Labor’s List of Goods cleared the conference report for the The Presiding Officer laid before the Produced by Child Labor or Forced Labor and 2018 farm bill, sending my industrial Senate the following message from the List of Products Produced by Forced Labor or hemp legislation and other critical pro- House of Representatives: Indentured Child Labor. ‘‘(C) Documentation provided by a foreign visions for America’s farming commu- Resolved, That the bill from the Senate (S. 1312) entitled ‘‘An Act to prioritize the fight country, including— nities to the President’s desk to be- ‘‘(i) copies of relevant laws, regulations, and come law. against human trafficking in the United States.’’, do pass with an amendment. policies adopted or modified; and To cap off a year of historic progress ‘‘(ii) an official record of enforcement actions on judicial nominations, the Senate MOTION TO CONCUR taken, judicial proceedings, training conducted, voted to confirm the 30th Federal cir- Mr. MCCONNELL. I move to concur consultations conducted, programs and partner- cuit judge of this Congress and this ad- in the House amendment and ask unan- ships launched, and services provided. ministration. imous consent that the motion be ‘‘(D) Materials developed by civil society orga- agreed to and that the motion to re- nizations. Now we will turn our attention to the ‘‘(E) Information from survivors of human remaining priorities in completing the consider be considered made and laid upon the table. trafficking, vulnerable persons, and whistle- American people’s business. Last week, blowers. I announced that at the request of the The PRESIDING OFFICER. Without ‘‘(F) All relevant media and academic reports President and following improvements objection, it is so ordered. that, in light of reason and common sense, are that were secured by several Members, f worthy of belief. ‘‘(G) Information developed by multilateral in- the Senate will take up criminal jus- TRAFFICKING VICTIMS PROTEC- tice legislation here on the floor. Later stitutions. TION REAUTHORIZATION ACT OF ‘‘(H) An assessment of the impact of the ac- this afternoon, we will vote on advanc- 2017 tions described in subparagraphs (A) through ing that legislation. Mr. MCCONNELL. Mr. President, I (I) of paragraph (5) on the prevalence of human I know the proponents of this bill ask unanimous consent that the Sen- trafficking in the country.’’. spent a great deal of time and energy ate proceed to the immediate consider- SEC. 3. SENSE OF CONGRESS. drafting their proposal. At the same ation of Calendar No. 623, S. 1862. (a) PRIVATE SECTOR SUPPORT TO STRENGTHEN time, there are a number of Members The PRESIDING OFFICER. The LAW ENFORCEMENT AGENCIES AND THE ROLE OF with outstanding concerns they feel PRIVATE BUSINESSES IN PREVENTING AND COM- clerk will report the bill by title. BATING CHILD SEX TRAFFICKING.—It is the sense are still unresolved. So if cloture is in- The legislative clerk read as follows: voked later today, the Senate will be of Congress that— A bill (S. 1862) to amend the Trafficking (1) the President should work with the private considering amendments before we Victims Protection Act of 2000 to modify the sector to explore, develop, and use technology vote on final passage later this week. criteria for determining whether countries that strengthens Federal law enforcement capa- Of course, the most high-profile are meeting the minimum standards for the bilities to combat traffickers and criminal net- items still before us are border security elimination of human trafficking, and for works; and and government funding. We need to other purposes. (2) private businesses, both domestic and make a substantial investment in the There being no objection, the Senate international, should take every reasonable step integrity of our border and in the safe- proceeded to consider the bill, which to prevent and combat child sex trafficking. ty of American families. We need to (b) EFFORTS TO END MODERN SLAVERY.—It is had been reported from the Committee the sense of Congress that any future authoriza- close out the year’s appropriations on Foreign Relations, with an amend- tion of appropriations to carry out the grant process and reach a bipartisan agreement to strike all after the enacting program authorized under section 1298 of the ment to supply the 25 percent of the clause and insert in lieu thereof the Defense Authorization Act for Fiscal Year 2017 Federal Government for which we following: (22 U.S.C. 7114) should simultaneously extend haven’t already passed funding legisla- SECTION 1. SHORT TITLE. the accountability provisions under subsections tion. I hope the same bipartisan, col- This Act may be cited as the ‘‘Trafficking Vic- (c), (d), and (e) of such section. laborative spirit that has carried us tims Protection Reauthorization Act of 2017’’. SEC. 4. MINIMUM STANDARDS FOR THE ELIMI- this far will enable the Senate and the SEC. 2. DEFINITIONS. NATION OF TRAFFICKING. House to complete this business with- Section 103 of the Trafficking Victims Protec- Section 108(b)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(7)) is out undue delay. tion Act of 2000 (22 U.S.C. 7102) is amended— (1) by redesignating paragraphs (5) through amended by inserting ‘‘or enable’’ after ‘‘con- f (15) as paragraphs (7) through (17), respectively; done’’. and SEC. 5. ACTIONS AGAINST GOVERNMENTS FAIL- ABOLISH HUMAN TRAFFICKING (2) by inserting after paragraph (4) the fol- ING TO MEET MINIMUM STANDARDS. ACT OF 2017 lowing: Section 110(b) of the Trafficking Victims Pro- ‘‘(5) CONCRETE ACTIONS.—The term ‘concrete tection Act of 2000 (22 U.S.C. 7107) is amended— Mr. MCCONNELL. Mr. President, I actions’ means actions that demonstrate in- (1) in paragraph (1)— ask that the Chair lay before the Sen- creased efforts by the government of a country (A) by striking ‘‘The report should’’ and in- ate the message to accompany S. 1311. to meet the minimum standards for the elimi- serting ‘‘The report shall, to the extent concur- The Presiding Officer laid before the nation of trafficking, including any of the fol- rent reporting data is available, cover efforts Senate the following message from the lowing: and activities taking place during the period be- House of Representatives: ‘‘(A) Enforcement actions taken. tween April 1 of the year preceding the report Resolved, That the bill from the Sen- ‘‘(B) Investigations actively underway. and March 31 of the year in which the report is ‘‘(C) Prosecutions conducted. made, and should’’; ate (S. 1311) entitled ‘‘An Act to pro- ‘‘(D) Convictions attained. (B) in subparagraph (A), by inserting ‘‘based vide assistance in abolishing human ‘‘(E) Training provided. only on concrete actions taken by the country trafficking in the United States.’’, do ‘‘(F) Programs and partnerships actively un- that are recorded during the reporting period’’ pass with an amendment. derway. after ‘‘such standards’’;

VerDate Sep 11 2014 01:41 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 6333 E:\CR\FM\G17DE6.002 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7629 (C) in subparagraph (B) by inserting ‘‘based ‘‘(i) prepare an action plan for each country (3) support analyses of the impact of severe only on concrete actions taken by the country upgraded from Tier 3 to Tier 2 Watchlist to fur- forms of trafficking in persons on key indicators (excluding any commitments by the country to ther improve such country’s tier ranking under of economic and social development and of the take additional future steps during the next this subsection; and benefits of reducing human trafficking on eco- year) that are recorded during the reporting pe- ‘‘(ii) present the relevant action plan to the nomic and social development; riod’’ after ‘‘compliance’’; government of each such country. (4) support the proactive integration of effec- (D) in subparagraph (F), by striking ‘‘and’’ at ‘‘(B) CONTENTS.—Each action plan prepared tive anti-trafficking interventions into projects the end; under this paragraph— with the objectives of enhancing development (E) in subparagraph (G), by striking the pe- ‘‘(i) shall include specific concrete actions to outcomes and reducing the incidence of severe riod at the end and inserting ‘‘; and’’; and be taken by the country to substantively address forms of trafficking in project areas; (F) by adding at the end the following: deficiencies preventing the country from meeting (5) increase the capacity of multilateral devel- ‘‘(H) for each country included in a different Tier 2 standards, based on credible evidence; opment banks and of recipient governments to list than the country had been placed in the and conduct human trafficking risk assessments and previous annual report, a detailed explanation ‘‘(ii) should be focused on short-term and integrate anti-trafficking interventions into of how the concrete actions (or lack of such ac- multi-year goals. projects; tions) undertaken (or not undertaken) by the ‘‘(C) BRIEFINGS.—The Ambassador-at-Large of (6) support the development of meaningful country during the previous reporting period the Office to Monitor and Combat Trafficking risk mitigation and reduction policies, regula- contributed to such change, including a clear and all appropriate regional Assistant Secre- tions, and strategies within the multilateral de- linkage between such actions and the minimum taries shall make themselves available to brief velopment banks to reduce the incidence and standards enumerated in section 108.’’; the Committee on Foreign Relations of the Sen- prevalence of severe forms of trafficking in per- (2) in paragraph (2)— ate, the Committee on Appropriations of the sons and enhance development outcomes that (A) in subparagraph (A)(iii)— Senate, the Committee on Foreign Affairs of the may be improved by reducing the incidence and (i) in subclause (I), by adding ‘‘or’’ at the House of Representatives, and the Committee on prevalence of human trafficking; and end; Appropriations of the House of Representatives (7) support the inclusion of human trafficking (ii) in subclause (II), by striking ‘‘; or’’ and on the implementation of each action plan pre- risk analysis in the development of relevant inserting a period; and pared under this paragraph. country strategies by each multilateral develop- (iii) by striking subclause (III); ‘‘(D) SAVINGS PROVISION.—Nothing in this ment bank. (B) in subparagraph (B), by striking ‘‘the last paragraph may be construed as modifying— (b) BRIEFINGS.—The Secretary of the Treasury annual report’’ and inserting ‘‘April 1 of the ‘‘(i) minimum standards for the elimination of shall make relevant officials available to brief previous year’’; trafficking under section 108; or the Committee on Foreign Relations of the Sen- (C) in subparagraph (D)(ii), by striking ‘‘2 ‘‘(ii) the actions against governments failing ate, the Committee on Appropriations of the years’’ and inserting ‘‘1 year’’; and to meet minimum standards under this section or Senate, the Committee on Financial Services of (D) in subparagraph (E)— the criteria for placement on the Special Watch the House of Representatives, and the Com- (i) in the subparagraph heading, by striking List under paragraph (2).’’. mittee on Appropriations of the House of Rep- ‘‘PUBLIC’’ and inserting ‘‘CONGRESSIONAL’’; and SEC. 6. COMMUNICATION WITH GOVERNMENTS (ii) by striking ‘‘shall provide’’ and all that resentatives on the implementation of this sec- OF COUNTRIES DESIGNATED AS tion. follows and inserting the following: ‘‘shall— TIER 2 WATCH LIST COUNTRIES ON ‘‘(i) provide a detailed description of the cred- THE TRAFFICKING IN PERSONS RE- Mr. MCCONNELL. I ask unanimous ible evidence supporting such determination on PORT. consent that the Menendez amendment a publicly available website maintained by the (a) IN GENERAL.—Not less than annually, the at the desk be agreed to; the com- Department of State; and Secretary of State shall provide, to the foreign mittee-reported amendment, as amend- ‘‘(ii) offer to brief the Committee on Foreign minister of each country that has been down- ed, be agreed to; and the bill, as amend- Relations of the Senate and the Committee on graded to a ‘‘Tier 2 Watch List’’ country pursu- Foreign Affairs of the House of Representatives ant to the Trafficking in Persons report sub- ed, be considered read the third time. on any written plan submitted by the country mitted under section 110(b) of the Trafficking The PRESIDING OFFICER. Without under subparagraph (D)(ii)(I), with an oppor- Victims Protection Act of 2000 (22 U.S.C. objection, it is so ordered. tunity to review the written plan.’’; 7107(b))— The amendment (No. 4106) was agreed (3) in paragraph (3)— (1) a copy of the annual Trafficking in Per- to as follows: (A) in subparagraph (B), by striking ‘‘and’’ at sons report; and (Purpose: In the nature of a substitute) the end; (2) information pertinent to that country’s On page 28, line 12, strike ‘‘unreasonable’’. (B) in subparagraph (C), by striking the semi- downgrade, including— colon at the end and inserting a period; and (A) confirmation of the country’s designation On page 28, strike lines 19 and 20 and insert (C) by adding at the end the following: to the Tier 2 Watch List; the following: ‘‘(D) the extent to which the government of (B) the implications associated with such des- ‘‘(6) CREDIBLE INFORMATION.—The term the country is devoting sufficient budgetary re- ignation and the consequences for the country ‘credible information’ includes all of the fol- sources— of a downgrade to Tier 3; lowing: ‘‘(i) to investigate and prosecute acts of severe (C) the factors that contributed to the down- On page 30, between lines 19 and 20, insert trafficking in persons; grade; and the following: ‘‘(ii) to convict and sentence persons respon- (D) the steps that the country must take to be SEC. 4. PROHIBITION ON PLACEMENT OR RE- sible for such acts; and considered for an upgrade in status of designa- CRUITMENT FEES. ‘‘(iii) to obtain restitution for victims of tion. Section 106(g) of the Trafficking Victims human trafficking; (b) SENSE OF CONGRESS REGARDING COMMU- Protection Act of 2000 (22 U.S.C. 7104(g)) is ‘‘(E) the extent to which the government of NICATIONS.—It is the sense of Congress that, amended— the country is devoting sufficient budgetary re- given the gravity of a Tier 2 Watch List designa- (1) by redesignating clauses (i) through (iv) sources— tion, the Secretary of State should communicate as paragraphs (1) through (4), respectively, ‘‘(i) to protect and support victims of traf- the information described in subsection (a) to and moving such paragraphs 4 ems to the ficking in persons; and the foreign minister of any country downgraded left; and ‘‘(ii) to prevent severe forms of trafficking in to the Tier 2 Watch List. (2) in paragraph (4), as redesignated— persons; and SEC. 7. UNITED STATES SUPPORT FOR INTEGRA- (A) by redesignating subclauses (I) through ‘‘(F) the extent to which the government of TION OF ANTI-TRAFFICKING INTER- (V) as subparagraphs (A) through (E), respec- the country has consulted with domestic and VENTIONS IN MULTILATERAL DE- tively, and moving such subparagraphs 4 ems international civil society organizations that re- VELOPMENT BANKS. to the left; sulted in concrete actions to improve the provi- (a) REQUIREMENTS.—The Secretary of the (B) in subparagraph (B), as redesignated, sion of services to victims of trafficking in per- Treasury, in consultation with the Secretary of by redesignating items (aa) and (bb) as sons.’’; and State, acting through the Ambassador at Large clauses (i) and (ii), respectively, and moving (4) by adding at the end the following: for Monitoring and Combating Trafficking in such clauses 4 ems to the left; and ‘‘(4) ACTION PLANS FOR COUNTRIES UPGRADED Persons, shall instruct the United States Execu- (C) in subparagraph (D), as redesignated, TO TIER 2 WATCHLIST.— tive Director of each multilateral development by striking ‘‘unreasonable placement or re- ‘‘(A) IN GENERAL.—Not later than 180 days bank to initiate discussions with the other exec- cruitment fees’’ and all that follows through after the release of the annual Trafficking in utive directors and management of the respec- the period at the end and inserting ‘‘place- Persons Report, the Secretary of State, acting tive multilateral development bank to— ment or recruitment fees.’’. through the Ambassador-at-Large of the Office (1) further develop anti-human trafficking On page 30, line 20, strike ‘‘4’’ and insert to Monitor and Combat Trafficking and the As- provisions in relevant project development, safe- ‘‘5’’. sistant Secretary of the appropriate regional bu- guards, procurement, and evaluation policies; On page 31, line 1, strike ‘‘5’’ and insert reau, in consultation with appropriate officials (2) employing a risk-based approach, require ‘‘6’’. from the government of each country described human trafficking risk assessments and integra- On page 33, line 8, strike ‘‘credible evi- in paragraph (2)(A)(ii), and with the assistance tion plans as a routine part of developing dence’’ and insert ‘‘credible information’’. of the United States Ambassador or Charge projects through existing, forthcoming or new On page 35, line 24, strike ‘‘credible evi- d’Affaires in each country, shall— mechanisms and processes; dence’’ and insert ‘‘credible information’’.

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On page 37, line 1, strike ‘‘6’’ and insert ‘‘(H) An assessment of the impact of the in the previous annual report, a detailed ex- ‘‘7’’. actions described in subparagraphs (A) planation of how the concrete actions (or On page 38, line 5, strike ‘‘7’’ and insert through (I) of paragraph (5) on the preva- lack of such actions) undertaken (or not un- ‘‘8’’. lence of human trafficking in the country.’’. dertaken) by the country during the previous The bill, as amended, was ordered to SEC. 3. SENSE OF CONGRESS. reporting period contributed to such change, be engrossed for a third reading and (a) PRIVATE SECTOR SUPPORT TO STRENGTH- including a clear linkage between such ac- was read the third time. EN LAW ENFORCEMENT AGENCIES AND THE tions and the minimum standards enumer- Mr. MCCONNELL. I know of no fur- ROLE OF PRIVATE BUSINESSES IN PREVENTING ated in section 108.’’; ther debate on the bill. AND COMBATING CHILD SEX TRAFFICKING.—It (2) in paragraph (2)— The PRESIDING OFFICER. Is there is the sense of Congress that— (A) in subparagraph (A)(iii)— further debate on the bill? (1) the President should work with the pri- (i) in subclause (I), by adding ‘‘or’’ at the If not, the question is, Shall the bill vate sector to explore, develop, and use tech- end; nology that strengthens Federal law enforce- (ii) in subclause (II), by striking ‘‘; or’’ and pass? ment capabilities to combat traffickers and inserting a period; and The bill (S. 1862) was passed, as fol- criminal networks; and (iii) by striking subclause (III); lows: (2) private businesses, both domestic and (B) in subparagraph (B), by striking ‘‘the S. 1862 international, should take every reasonable last annual report’’ and inserting ‘‘April 1 of Be it enacted by the Senate and House of Rep- step to prevent and combat child sex traf- the previous year’’; resentatives of the United States of America in ficking. (C) in subparagraph (D)(ii), by striking ‘‘2 Congress assembled, (b) EFFORTS TO END MODERN SLAVERY.—It years’’ and inserting ‘‘1 year’’; and SECTION 1. SHORT TITLE. is the sense of Congress that any future au- (D) in subparagraph (E)— This Act may be cited as the ‘‘Trafficking thorization of appropriations to carry out (i) in the subparagraph heading, by strik- Victims Protection Reauthorization Act of the grant program authorized under section ing ‘‘PUBLIC’’ and inserting ‘‘CONGRES- 2017’’. 1298 of the Defense Authorization Act for SIONAL’’; and SEC. 2. DEFINITIONS. Fiscal Year 2017 (22 U.S.C. 7114) should simul- (ii) by striking ‘‘shall provide’’ and all that Section 103 of the Trafficking Victims Pro- taneously extend the accountability provi- follows and inserting the following: ‘‘shall— tection Act of 2000 (22 U.S.C. 7102) is amend- sions under subsections (c), (d), and (e) of ‘‘(i) provide a detailed description of the ed— such section. credible information supporting such deter- (1) by redesignating paragraphs (5) through SEC. 4. PROHIBITION ON PLACEMENT OR RE- mination on a publicly available website (15) as paragraphs (7) through (17), respec- CRUITMENT FEES. maintained by the Department of State; and tively; and Section 106(g) of the Trafficking Victims ‘‘(ii) offer to brief the Committee on For- (2) by inserting after paragraph (4) the fol- Protection Act of 2000 (22 U.S.C. 7104(g)) is eign Relations of the Senate and the Com- lowing: amended— mittee on Foreign Affairs of the House of ‘‘(5) CONCRETE ACTIONS.—The term ‘con- (1) by redesignating clauses (i) through (iv) Representatives on any written plan sub- crete actions’ means actions that dem- as paragraphs (1) through (4), respectively, mitted by the country under subparagraph onstrate increased efforts by the government and moving such paragraphs 4 ems to the (D)(ii)(I), with an opportunity to review the of a country to meet the minimum standards left; and written plan.’’; for the elimination of trafficking, including (2) in paragraph (4), as redesignated— (3) in paragraph (3)— any of the following: (A) by redesignating subclauses (I) through (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(A) Enforcement actions taken. (V) as subparagraphs (A) through (E), respec- at the end; ‘‘(B) Investigations actively underway. tively, and moving such subparagraphs 4 ems (B) in subparagraph (C), by striking the ‘‘(C) Prosecutions conducted. to the left; semicolon at the end and inserting a period; ‘‘(D) Convictions attained. (B) in subparagraph (B), as redesignated, and ‘‘(E) Training provided. by redesignating items (aa) and (bb) as (C) by adding at the end the following: ‘‘(F) Programs and partnerships actively clauses (i) and (ii), respectively, and moving ‘‘(D) the extent to which the government underway. such clauses 4 ems to the left; and of the country is devoting sufficient budg- ‘‘(G) Efforts to prevent severe forms of (C) in subparagraph (D), as redesignated, etary resources— trafficking, including programs to reduce by striking ‘‘unreasonable placement or re- ‘‘(i) to investigate and prosecute acts of se- the vulnerability of particularly vulnerable cruitment fees’’ and all that follows through vere trafficking in persons; populations, involving survivors of traf- the period at the end and inserting ‘‘place- ‘‘(ii) to convict and sentence persons re- ficking in community engagement and pol- ment or recruitment fees.’’. sponsible for such acts; and icy making, engagement with foreign mi- SEC. 5. MINIMUM STANDARDS FOR THE ELIMI- ‘‘(iii) to obtain restitution for victims of grants, ending recruitment fees, and other NATION OF TRAFFICKING. human trafficking; such measures. Section 108(b)(7) of the Trafficking Victims ‘‘(E) the extent to which the government of ‘‘(H) Victim services offered, including im- Protection Act of 2000 (22 U.S.C. 7106(b)(7)) is the country is devoting sufficient budgetary migration services and restitution. amended by inserting ‘‘or enable’’ after resources— ‘‘(I) The amount of money the government ‘‘condone’’. ‘‘(i) to protect and support victims of traf- has committed to the actions described in SEC. 6. ACTIONS AGAINST GOVERNMENTS FAIL- ficking in persons; and subparagraphs (A) through (H). ING TO MEET MINIMUM STANDARDS. ‘‘(ii) to prevent severe forms of trafficking ‘‘(6) CREDIBLE INFORMATION.—The term Section 110(b) of the Trafficking Victims in persons; and ‘credible information’ includes all of the fol- Protection Act of 2000 (22 U.S.C. 7107) is ‘‘(F) the extent to which the government of lowing: amended— the country has consulted with domestic and ‘‘(A) Reports by the Department of State. (1) in paragraph (1)— international civil society organizations ‘‘(B) Reports of other Federal agencies, in- (A) by striking ‘‘The report should’’ and in- that resulted in concrete actions to improve cluding the Department of Labor’s List of serting ‘‘The report shall, to the extent con- the provision of services to victims of traf- Goods Produced by Child Labor or Forced current reporting data is available, cover ef- ficking in persons.’’; and Labor and List of Products Produced by forts and activities taking place during the (4) by adding at the end the following: Forced Labor or Indentured Child Labor. period between April 1 of the year preceding ‘‘(4) ACTION PLANS FOR COUNTRIES UP- ‘‘(C) Documentation provided by a foreign the report and March 31 of the year in which GRADED TO TIER 2 WATCHLIST.— country, including— the report is made, and should’’; ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(i) copies of relevant laws, regulations, (B) in subparagraph (A), by inserting after the release of the annual Trafficking in and policies adopted or modified; and ‘‘based only on concrete actions taken by the Persons Report, the Secretary of State, act- ‘‘(ii) an official record of enforcement ac- country that are recorded during the reporting through the Ambassador-at-Large of the tions taken, judicial proceedings, training ing period’’ after ‘‘such standards’’; Office to Monitor and Combat Trafficking conducted, consultations conducted, pro- (C) in subparagraph (B) by inserting ‘‘based and the Assistant Secretary of the appro- grams and partnerships launched, and serv- only on concrete actions taken by the coun- priate regional bureau, in consultation with ices provided. try (excluding any commitments by the appropriate officials from the government of ‘‘(D) Materials developed by civil society country to take additional future steps dur- each country described in paragraph organizations. ing the next year) that are recorded during (2)(A)(ii), and with the assistance of the ‘‘(E) Information from survivors of human the reporting period’’ after ‘‘compliance’’; United States Ambassador or Charge d’Af- trafficking, vulnerable persons, and whistle- (D) in subparagraph (F), by striking ‘‘and’’ faires in each country, shall— blowers. at the end; ‘‘(i) prepare an action plan for each coun- ‘‘(F) All relevant media and academic re- (E) in subparagraph (G), by striking the pe- try upgraded from Tier 3 to Tier 2 Watchlist ports that, in light of reason and common riod at the end and inserting ‘‘; and’’; and to further improve such country’s tier rank- sense, are worthy of belief. (F) by adding at the end the following: ing under this subsection; and ‘‘(G) Information developed by multilat- ‘‘(H) for each country included in a dif- ‘‘(ii) present the relevant action plan to eral institutions. ferent list than the country had been placed the government of each such country.

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‘‘(B) CONTENTS.—Each action plan prepared cators of economic and social development Sec. 103. Modification to grants for victims under this paragraph— and of the benefits of reducing human traf- services. ‘‘(i) shall include specific concrete actions ficking on economic and social development; Subtitle B—Governmental Efforts to Prevent to be taken by the country to substantively (4) support the proactive integration of ef- Human Trafficking address deficiencies preventing the country fective anti-trafficking interventions into Sec. 111. Required training to prevent human from meeting Tier 2 standards, based on projects with the objectives of enhancing de- trafficking for certain contracting credible information; and velopment outcomes and reducing the inci- air carriers. ‘‘(ii) should be focused on short-term and dence of severe forms of trafficking in Sec. 112. Priority for accommodation in places multi-year goals. project areas; with certain policies relating to ‘‘(C) BRIEFINGS.—The Ambassador-at-Large (5) increase the capacity of multilateral child sexual exploitation. of the Office to Monitor and Combat Traf- development banks and of recipient govern- Sec. 113. Ensuring United States procurement ficking and all appropriate regional Assist- ments to conduct human trafficking risk as- does not fund human trafficking. ant Secretaries shall make themselves avail- sessments and integrate anti-trafficking Sec. 114. Training course on human trafficking able to brief the Committee on Foreign Rela- interventions into projects; and government contracting. tions of the Senate, the Committee on Ap- (6) support the development of meaningful Sec. 115. Modifications to the Advisory Council propriations of the Senate, the Committee risk mitigation and reduction policies, regu- on Human Trafficking. on Foreign Affairs of the House of Represent- lations, and strategies within the multilat- Sec. 116. Sense of Congress on strengthening atives, and the Committee on Appropriations eral development banks to reduce the inci- Federal efforts to reduce demand. of the House of Representatives on the im- dence and prevalence of severe forms of traf- Sec. 117. Sense of Congress on the Senior Policy plementation of each action plan prepared ficking in persons and enhance development Operating Group. under this paragraph. outcomes that may be improved by reducing Sec. 118. Best practices to prevent forced child ‘‘(D) SAVINGS PROVISION.—Nothing in this the incidence and prevalence of human traf- labor trafficking. paragraph may be construed as modifying— ficking; and Subtitle C—Preventing Trafficking in Persons in ‘‘(i) minimum standards for the elimi- (7) support the inclusion of human traf- the United States nation of trafficking under section 108; or ficking risk analysis in the development of ‘‘(ii) the actions against governments fail- relevant country strategies by each multi- Sec. 121. Demand reduction strategies in the ing to meet minimum standards under this lateral development bank. United States. section or the criteria for placement on the (b) BRIEFINGS.—The Secretary of the Sec. 122. Designation of a labor prosecutor to Special Watch List under paragraph (2).’’. Treasury shall make relevant officials avail- enhance State and local efforts to SEC. 7. COMMUNICATION WITH GOVERNMENTS able to brief the Committee on Foreign Rela- combat trafficking in persons. OF COUNTRIES DESIGNATED AS tions of the Senate, the Committee on Ap- Sec. 123. Preventing human trafficking in for- TIER 2 WATCH LIST COUNTRIES ON propriations of the Senate, the Committee eign missions and diplomatic THE TRAFFICKING IN PERSONS RE- households. PORT. on Financial Services of the House of Rep- resentatives, and the Committee on Appro- Sec. 124. Actions against significant traffickers (a) IN GENERAL.—Not less than annually, in persons. the Secretary of State shall provide, to the priations of the House of Representatives on foreign minister of each country that has the implementation of this section. Subtitle D—Monitoring Child, Forced, and Slave Labor been downgraded to a ‘‘Tier 2 Watch List’’ Mr. MCCONNELL. I ask unanimous country pursuant to the Trafficking in Per- consent that the motion to reconsider Sec. 131. Sense of Congress. sons report submitted under section 110(b) of be considered made and laid upon the Sec. 132. Report on the enforcement of section the Trafficking Victims Protection Act of 307 of the Tariff Act of 1930. 2000 (22 U.S.C. 7107(b))— table. Sec. 133. Modification to list of child-made and (1) a copy of the annual Trafficking in Per- The PRESIDING OFFICER. Without slavery-made goods. sons report; and objection, it is so ordered. TITLE II—FIGHTING HUMAN TRAFFICKING (2) information pertinent to that country’s f ABROAD downgrade, including— Subtitle A—Efforts to Combat Trafficking (A) confirmation of the country’s designa- FREDERICK DOUGLASS TRAF- tion to the Tier 2 Watch List; FICKING VICTIMS PREVENTION Sec. 201. Including the Secretary of the Treas- (B) the implications associated with such AND PROTECTION REAUTHORIZA- ury and the United States Trade designation and the consequences for the TION ACT OF 2018 Representative as a member of the country of a downgrade to Tier 3; Interagency Task Force to Mon- (C) the factors that contributed to the Mr. MCCONNELL. Mr. President, I itor and Combat Trafficking. downgrade; and ask unanimous consent that the Sen- Sec. 202. Encouraging countries to maintain (D) the steps that the country must take ate proceed to the immediate consider- and share data on human traf- to be considered for an upgrade in status of ation of Calendar No. 628, H.R. 2200. ficking efforts. designation. The PRESIDING OFFICER. The Sec. 203. Appropriate listing of governments in- (b) SENSE OF CONGRESS REGARDING COMMU- volved in human trafficking. clerk will report the bill by title. Sec. 204. Requirements for strategies to prevent NICATIONS.—It is the sense of Congress that, The legislative clerk read as follows: given the gravity of a Tier 2 Watch List des- trafficking. ignation, the Secretary of State should com- A bill (H.R. 2200) to reauthorize the Traf- Sec. 205. Briefing on countries with primarily municate the information described in sub- ficking Victims Protection Act of 2000, and migrant workforces. section (a) to the foreign minister of any for other purposes. Sec. 206. Report on recipients of funding from country downgraded to the Tier 2 Watch There being no objection, the Senate the United States Agency for List. proceeded to consider the bill, which International Development. SEC. 8. UNITED STATES SUPPORT FOR INTEGRA- had been reported from the Committee Subtitle B—Child Soldier Prevention Act of 2018 TION OF ANTI-TRAFFICKING INTER- Sec. 211. Findings. VENTIONS IN MULTILATERAL DE- on Foreign Relations, with an amend- Sec. 212. Amendments to the Child Soldiers Pre- VELOPMENT BANKS. ment to strike all after the enacting vention Act of 2008. (a) REQUIREMENTS.—The Secretary of the clause and insert in lieu thereof the Treasury, in consultation with the Secretary following: TITLE III—AUTHORIZATION OF of State, acting through the Ambassador at APPROPRIATIONS SECTION 1. SHORT TITLE. Large for Monitoring and Combating Traf- This Act may be cited as the ‘‘Frederick Doug- Sec. 301. Authorization of appropriations under ficking in Persons, shall instruct the United the Trafficking Victims Protection States Executive Director of each multilat- lass Trafficking Victims Prevention and Protec- tion Reauthorization Act of 2018’’. Act of 2000. eral development bank to initiate discus- Sec. 302. Authorization of appropriations under sions with the other executive directors and SEC. 2. TABLE OF CONTENTS. the International Megan’s Law. management of the respective multilateral The table of contents for this Act is as follows: Sec. 303. Authorization of appropriations for development bank to— Sec. 1. Short title. airport personnel training to iden- (1) further develop anti-human trafficking Sec. 2. Table of contents. tify and report human trafficking provisions in relevant project development, TITLE I—COMBATING TRAFFICKING IN victims. safeguards, procurement, and evaluation PERSONS IN THE UNITED STATES policies; TITLE I—COMBATING TRAFFICKING IN (2) employing a risk-based approach, re- Subtitle A—Programs to Support Victims and PERSONS IN THE UNITED STATES quire human trafficking risk assessments Persons Vulnerable to Human Trafficking Subtitle A—Programs to Support Victims and and integration plans as a routine part of de- Sec. 101. Grants to assist in the recognition of Persons Vulnerable to Human Trafficking veloping projects through existing, forth- trafficking. SEC. 101. GRANTS TO ASSIST IN THE RECOGNI- coming or new mechanisms and processes; Sec. 102. Preventing future trafficking in the TION OF TRAFFICKING. (3) support analyses of the impact of severe United States through receipt of (a) GRANTS TO ASSIST IN RECOGNITION OF forms of trafficking in persons on key indi- complaints abroad. TRAFFICKING.—Section 106(b) of the Trafficking

VerDate Sep 11 2014 01:41 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.005 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7632 CONGRESSIONAL RECORD — SENATE December 17, 2018 Victims Protection Act of 2000 (22 U.S.C. 7104(b)) (2) any person who has information regarding ‘‘§ 5712. Priority for accommodation in places is amended— a victim described in paragraph (1). with certain policies relating to child sex- (1) by striking ‘‘The President’’ and inserting (b) PROVISION OF INFORMATION.—Any infor- ual exploitation. the following: mation received pursuant to subsection (a) shall ‘‘(a) IN GENERAL.—For the purpose of making ‘‘(1) IN GENERAL.—The President’’; and be transmitted to the Department of Justice, the (2) by adding at the end the following: payments under this chapter for lodging ex- Department of Labor, the Department of Home- penses, each agency shall ensure, to the extent ‘‘(2) GRANTS TO ASSIST IN THE RECOGNITION OF land Security, and to any other relevant Fed- TRAFFICKING.— practicable, that commercial-lodging room eral agency for appropriate response. The Attor- nights in the United States for employees of that ‘‘(A) DEFINITIONS.—In this paragraph: ney General, the Secretary of Labor, the Sec- ‘‘(i) ESEA TERMS.—The terms ‘elementary agency are booked in a preferred place of ac- retary of Homeland Security, and the head of commodation. school’, ‘local educational agency’, ‘other staff’, any other such relevant Federal agency shall and ‘secondary school’ have the meanings given ‘‘(b) ELIGIBILITY AS A PREFERRED PLACE OF establish a process to address any actions to be ACCOMMODATION.—A hotel, motel, or another the terms in section 8101 of the Elementary and taken in response to such information. Secondary Education Act of 1965 (20 U.S.C. place of public accommodation shall be consid- (c) ASSISTANCE FROM FOREIGN GOVERN- 7801). ered a preferred place of accommodation if it— MENTS.—The employee designated for receiving ‘‘(ii) HIGH-INTENSITY CHILD SEX TRAFFICKING ‘‘(1) enforces a zero-tolerance policy regarding information pursuant to subsection (a) should AREA.—The term ‘high-intensity child sex traf- the sexual exploitation of children (as described coordinate with foreign governments or civil so- ficking area’ means a metropolitan area des- in section 103(9)(A) of the Trafficking Victims ciety organizations in the countries of origin of ignated by the Director of the Federal Bureau of Protection Act of 2000 (22 U.S.C. 7102(9)(A))) de- victims of severe forms of trafficking in persons, Investigation as having a high rate of children veloped by the Administrator of General Services with the permission of and without compro- involved in sex trafficking. under subsection (c)(1), or a similar zero-toler- mising the safety of such victims, to ensure that ‘‘(iii) LABOR TRAFFICKING.—The term ‘labor ance policy developed by the place of accommo- such victims receive any additional support trafficking’ means conduct described in section dation, which shall be demonstrated by— available. 103(9)(B) of the Trafficking Victims Protection ‘‘(A) attesting through the General Services Act of 2000 (22 U.S.C. 7102(9)(B)). SEC. 103. MODIFICATION TO GRANTS FOR VIC- Administration’s website of the use of such zero- ‘‘(iv) SCHOOL STAFF.—The term ‘school staff’ TIMS SERVICES. tolerance policy; means teachers, nurses, school leaders and ad- Section 107(b)(2)(A) of the Trafficking Victims ‘‘(B) posting such policy in a nonpublic space ministrators, and other staff at elementary Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is within the place of accommodation that is ac- schools and secondary schools. amended by striking ‘‘programs for’’ and all cessible by all employees; or ‘‘(v) SEX TRAFFICKING.—The term ‘sex traf- that follows and inserting the following: ‘‘pro- ‘‘(C) including such policy in the employee ficking’ means the conduct described in section grams for victims of human trafficking, includ- handbook; 103(9)(A) of the Trafficking Victims Protection ing programs that provide trauma-informed care ‘‘(2) has procedures in place for employees to Act of 2000 (22 U.S.C. 7102(9)(A)). or housing options to such victims who are— identify and report any such exploitation to the ‘‘(B) IN GENERAL.—The Secretary of Health ‘‘(i)(I) between 12 and 24 years of age; and appropriate law enforcement authorities and and Human Services may award grants to local ‘‘(II) homeless, in foster care, or involved in hotel management; educational agencies, in partnership with a the criminal justice system; ‘‘(3) posts the informational materials developed under subsection (c)(3) in an appropriate nonprofit, nongovernmental agency, to estab- ‘‘(ii) transitioning out of the foster care sys- nonpublic space within the place of accommoda- lish, expand, and support programs— tem; or ‘‘(i) to educate school staff to recognize and tion that is accessible by all employees; ‘‘(iii) women or girls in underserved popu- ‘‘(4) requires each employee who is physically respond to signs of labor trafficking and sex lations.’’. trafficking; and located at the place of accommodation and is ‘‘(ii) to provide age-appropriate information to Subtitle B—Governmental Efforts to Prevent likely to interact with guests, including secu- students on how to avoid becoming victims of Human Trafficking rity, front desk, housekeeping, room service, and labor trafficking and sex trafficking. SEC. 111. REQUIRED TRAINING TO PREVENT bell staff, to complete the training described in ‘‘(C) PROGRAM REQUIREMENTS.—Amounts HUMAN TRAFFICKING FOR CERTAIN subsection (c)(2), (c)(3), or (d), which shall— awarded under this paragraph shall be used CONTRACTING AIR CARRIERS. ‘‘(A) take place— for— (a) IN GENERAL.—Section 40118 of title 49, ‘‘(i) not later than 180 days after the starting ‘‘(i) education regarding— United States Code, is amended by adding at the date of the employee; or ‘‘(I) avoiding becoming victims of labor traf- end the following: ‘‘(ii) in the case of an employee starting employment before the effective date of this sec- ficking and sex trafficking; ‘‘(g) TRAINING REQUIREMENTS.—The Adminis- ‘‘(II) indicators that an individual is a victim trator of General Services shall ensure that any tion, not later than 180 days after the date of or potential victim of labor trafficking or sex contract entered into for provision of air trans- the enactment of this section; trafficking; portation with a domestic carrier under this sec- ‘‘(B) include training on— ‘‘(i) the identification of possible cases of sex- ‘‘(III) options and procedures for referring tion requires that the contracting air carrier ual exploitation of children; and such an individual, as appropriate, to informa- submits to the Administrator of General Serv- ‘‘(ii) procedures to report suspected abuse to tion on such trafficking and services available ices, the Secretary of Transportation, the Ad- the appropriate authorities; for victims of such trafficking; ministrator of the Transportation Security Ad- ‘‘(5) includes a notice to all independent con- ‘‘(IV) reporting requirements and procedures ministration, and the Commissioner of U.S. Cus- tractors in any agreement negotiated or renewed in accordance with applicable Federal and State toms and Border Protection an annual report on or after the date of the enactment of this sec- law; and regarding— ‘‘(V) how to carry out activities authorized tion that states ‘Federal law prohibits the traf- ‘‘(1) the number of personnel trained in the under subparagraph (A)(ii); and ficking of humans under the Trafficking Victims detection and reporting of potential human traf- ‘‘(ii) a plan, developed and implemented in Protection Act (22 U.S.C. 7101 et seq.)’; ficking (as described in paragraphs (9) and (10) consultation with local law enforcement agen- ‘‘(6) ensures that the place of accommodation of section 103 of the Trafficking Victims Protec- cies, to ensure the safety of school staff and stu- does not retaliate against employees for report- tion Act of 2000 (22 U.S.C. 7102)), including the dents reporting such trafficking. ing suspected cases of such exploitation if re- training required under section 44734(a)(4); ‘‘(D) PRIORITY.—In awarding grants under ported according to the protocol identified in the this paragraph, the Secretary shall give priority ‘‘(2) the number of notifications of potential employee training; and to local educational agencies serving a high-in- human trafficking victims received from staff or ‘‘(7) keeps records, to the extent permissible by tensity child sex trafficking area.’’. other passengers; and law and on an individual hotel property basis, (b) INCLUSION IN AUTHORIZATION OF APPRO- ‘‘(3) whether the air carrier notified the Na- of each suspected case of such exploitation that PRIATIONS.—Section 113(b)(1) of the Trafficking tional Human Trafficking Hotline or law en- is reported to accommodation management or Victims Protection Act of 2000 (22 U.S.C. forcement at the relevant airport of the poten- law enforcement, including the date and ap- 7110(b)(1)) is amended by striking ‘‘section tial human trafficking victim for each such noti- proximate time of such report, and the name of 107(b)’’ and inserting ‘‘sections 106(b) and fication of potential human trafficking, and if the accommodation manager or law enforcement 107(b)’’. so, when the notification was made.’’. agency to which the report was made. SEC. 102. PREVENTING FUTURE TRAFFICKING IN (b) APPLICABILITY.—The amendment made by ‘‘(c) GSA REQUIREMENTS.—The Administrator THE UNITED STATES THROUGH RE- subsection (a) shall apply to any contract en- of General Services shall— CEIPT OF COMPLAINTS ABROAD. tered into after the date of enactment of this Act ‘‘(1) develop, and make available on the Gen- (a) IN GENERAL.—The Secretary of State shall except for contracts entered into by the Sec- eral Services Administration publicly accessible ensure that each diplomatic or consular post or retary of Defense. website, a zero-tolerance policy for places of ac- other mission designates an employee to be re- SEC. 112. PRIORITY FOR ACCOMMODATION IN commodation regarding the sexual exploitation sponsible for receiving information from— PLACES WITH CERTAIN POLICIES RE- of children (as described in section 103(9)(A) of (1) any person who was a victim of a severe LATING TO CHILD SEXUAL EXPLOI- the Trafficking Victims Protection Act of 2000 form of trafficking in persons (as such term is TATION. (22 U.S.C. 7102(9)(A))), including informational defined in section 103(14) of the Trafficking Vic- (a) IN GENERAL.—Subchapter I of chapter 57 materials regarding such policy that could be tims Protection Act of 2000 (22 U.S.C. 7102(14))) of title 5, United States Code, is amended by posted in places of accommodation in nonpublic while present in the United States; or adding at the end the following: spaces;

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‘‘(2) make available on the website described (d) EFFECTIVE DATE.—Section 5712(a) of title ‘‘(K) any contract with a contractor or sub- in paragraph (1) a list of Federal Government 5, United States Code, as added by subsection contractor (at any tier) located outside the and privately developed training programs that (a), shall take effect on the later of— United States and the country location, where address— (1) the date that is 1 year after the date of the safe to reveal location, for each such contractor ‘‘(A) the identification of possible cases of sex- enactment of this Act; and or subcontractor. ual exploitation of children; and (2) 60 days after the completion of the require- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(B) reporting such cases to law enforcement ments under subsection (c) of such section. TEES.—In this subsection, the term ‘appropriate authorities; SEC. 113. ENSURING UNITED STATES PROCURE- congressional committees’ means— ‘‘(3) coordinate with the Department of Home- MENT DOES NOT FUND HUMAN ‘‘(A) the Committee on Foreign Affairs of the land Security’s Blue Campaign to develop— TRAFFICKING. House of Representatives; ‘‘(A) training materials on preventing the sex- Section 106 of the Trafficking Victims Protec- ‘‘(B) the Committee on Armed Services of the ual exploitation of children; and tion Act of 2000 (22 U.S.C. 7104) is amended by House of Representatives; ‘‘(B) informational materials to be posted in adding at the end the following: ‘‘(C) the Committee on Education and the nonpublic spaces in places of accommodation on ‘‘(k) AGENCY ACTION TO PREVENT FUNDING OF Workforce of the House of Representatives; spotting the signs of sexual exploitation of chil- HUMAN TRAFFICKING.— ‘‘(D) the Committee on the Judiciary of the dren and reporting possible incidences of such ‘‘(1) IN GENERAL.—At the end of each fiscal House of Representatives; exploitation; and year, the Secretary of State, the Secretary of ‘‘(E) the Committee on Oversight and Govern- ‘‘(4) identify, and maintain a list of, each pre- Labor, the Administrator of the United States ment Reform of the House of Representatives; ferred place of accommodation that meets the re- Agency for International Development, and the ‘‘(F) the Committee on Foreign Relations of quirements described in subsection (b) by exam- Director of the Office of Management and the Senate; ining places of accommodation that— Budget shall each submit a report to the Admin- ‘‘(G) the Committee on Armed Services of the ‘‘(A) are enrolled in Federal Government trav- istrator of General Services that includes— Senate; ‘‘(A) the name and contact information of the el programs, such as FedRooms; ‘‘(H) the Committee on the Judiciary of the individual within the agency’s Office of Legal ‘‘(B) are included on the Federal Emergency Senate; and Counsel or Office of Acquisition Policy who is Management Agency’s Hotel-Motel National ‘‘(I) the Committee on Health, Education, responsible for overseeing the implementation Master List (commonly known as the ‘Fire Safe Labor, and Pensions of the Senate.’’. of— List’); or ‘‘(i) subsection (g); SEC. 114. TRAINING COURSE ON HUMAN TRAF- ‘‘(C) received Federal Government travel busi- ‘‘(ii) title XVII of the National Defense Au- FICKING AND GOVERNMENT CON- TRACTING. ness during the 2-year period immediately pre- thorization Act for Fiscal Year 2013 (22 U.S.C. Any curriculum, including any continuing ceding the date of the enactment of this section. 7104a et seq.); and ‘‘(d) TRAINING PROGRAMS.—A place of accom- ‘‘(iii) any regulation in the Federal Acquisi- education curriculum, for the acquisition work- modation or lodging company may use a train- tion Regulation (48 C.F.R. 1 et seq.) that is re- force used by the Federal Acquisition Institute ing program developed or acquired by such lated to any subject matter referred to in clause established under section 1201 of title 41, United place of accommodation or company to satisfy (i) or (ii); States Code, shall include at least 1 course, last- the requirements under subsection (b)(4) if such ‘‘(B) agency action to ensure that contractors ing at least 30 minutes, regarding the law and training program— are educated on the applicable laws and regula- regulations relating to human trafficking and ‘‘(1) focuses on identifying and reporting sus- tions listed in subparagraph (A); contracting with the Federal Government. pected cases of sexual exploitation of children; ‘‘(C) agency action to ensure that the acquisi- SEC. 115. MODIFICATIONS TO THE ADVISORY and tion workforce and agency officials understand COUNCIL ON HUMAN TRAFFICKING. ‘‘(2) was developed in consultation with a implementation of the laws and regulations list- The Survivors of Human Trafficking Em- globally or nationally recognized organization ed in subparagraph (A), including best practices powerment Act (section 115 of Public Law 114– with expertise in anti-trafficking initiatives. for— 22; 129 Stat. 243) is amended— ‘‘(e) PREVIOUSLY TRAINED EMPLOYEES.— ‘‘(i) ensuring compliance with such laws and (1) in subsection (f), by amending paragraph ‘‘(1) PRIOR TRAINING.—Any employee of a regulations; (2) to read as follows: place of accommodation who was trained to ‘‘(ii) assessing the serious, repeated, willful, or ‘‘(2) shall receive travel expenses, including identify and report potential sexual exploitation pervasive nature of any violation of such laws per diem in lieu of subsistence, in accordance of children before the effective date of this sec- or regulations; and with the applicable provisions under subchapter tion shall be considered to have met the training ‘‘(iii) evaluating steps contractors have taken I of chapter 57 of title 5, United States Code.’’; requirement under subsection (b)(4) with respect to correct any such violation; and to any employment at that place of accommoda- ‘‘(D)(i) the number of contracts containing (2) in subsection (h), by striking ‘‘2020’’ and tion or at any other place of accommodation language referring to the laws and regulations inserting ‘‘2021’’. managed by the same entity. listed in subparagraph (A); and SEC. 116. SENSE OF CONGRESS ON STRENGTH- ‘‘(2) TRAINING PRIOR TO TRANSFER OF EMPLOY- ‘‘(ii) the number of contracts that did not con- ENING FEDERAL EFFORTS TO RE- MENT.—Any employee of a place of accommoda- tain any language referring to such laws and DUCE DEMAND. tion who has met the training requirements regulations; It is the sense of Congress that— under subsection (b)(4) shall be considered to ‘‘(E)(i) the number of allegations of severe (1) all Federal anti-trafficking training, in- have met such requirements with respect to any forms of trafficking in persons received; and cluding training under subsection (c) of the employment at a place of accommodation man- ‘‘(ii) the source type of the allegation (such as Combat Human Trafficking Act of 2015 (34 aged by the same entity. contractor, subcontractor, employee of con- U.S.C. 20709(c)) and section 107(c)(4) of the ‘‘(f) PROPERTY-BY-PROPERTY IMPLEMENTA- tractor or subcontractor, or an individual out- Trafficking Victims Protection Act of 2000 (22 TION.—Compliance with the requirements under side of the contract); U.S.C. 7105(c)(4)) provided to Federal judges, this section shall be assessed and enforced sepa- ‘‘(F)(i) the number of such allegations inves- prosecutors, and State and local law enforce- rately for each place of accommodation. Lack of tigated by the agency; ment officials, should— compliance by 1 place of accommodation shall ‘‘(ii) a summary of any findings from such in- (A) explain the circumstances under which sex not impact the eligibility of affiliated places of vestigations; and buyers are considered parties to the crime of ‘‘(iii) any improvements recommended by the accommodation to receive funds for Federal em- trafficking; agency to prevent such conduct from recurring; ployee travel. Lack of compliance by a (B) provide best practices for arresting or ‘‘(G)(i) the number of such allegations re- franchisee shall not impact the eligibility of the prosecuting buyers of illegal sex acts as a form ferred to the Attorney General for prosecution respective franchisor for other places of accom- of sex trafficking prevention; and under section 3271 of title 18, United States modation affiliated with that franchisor. (C) specify that any comprehensive approach Code; and ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this ‘‘(ii) the outcomes of such referrals; to eliminating sex and labor trafficking must in- section that applies to an employee of a place of ‘‘(H) any remedial action taken as a result of clude a demand reduction component; and accommodation may be construed to apply to an such investigation, including whether— (2) any request for proposals for grants or co- individual who is an independent contractor or ‘‘(i) a contractor or subcontractor (at any tier) operative agreement opportunities issued by the otherwise not directly employed by a place of was debarred or suspended due to a violation of Attorney General with respect to the prevention accommodation.’’. a law or regulation relating to severe forms of of trafficking should include specific language (b) CONFORMING AMENDMENT.—The table of trafficking in persons; or with respect to demand reduction. sections for subchapter I of chapter 57 of title 5, ‘‘(ii) a contract was terminated pursuant to SEC. 117. SENSE OF CONGRESS ON THE SENIOR United States Code, is amended by adding at the subsection (g) as a result of such violation; POLICY OPERATING GROUP. end the following: ‘‘(I) any other assistance offered to agency It is the sense of Congress that the Senior Pol- ‘‘5712. Priority for accommodation in places contractors to ensure compliance with a law or icy Operating Group established under section with certain policies relating to regulation relating to severe forms of trafficking 105(g) of the Trafficking Victims Protection Act child sexual exploitation.’’. in persons; of 2000 (22 U.S.C. 7103(g)) should create a work- (c) RULEMAKING.—The Administrator of Gen- ‘‘(J) any interagency meetings or data sharing ing group to examine the role of demand reduc- eral Services shall issue such regulations as are regarding suspended or disbarred contractors or tion, both domestically and internationally, in necessary to carry out section 5712 of title 5, subcontractors (at any tier) for severe forms of achieving the purposes of the Trafficking Vic- United States Code, as added by subsection (a). trafficking in persons; and tims Protection Act of 2000 (22 U.S.C. 7101 et

VerDate Sep 11 2014 01:41 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.007 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7634 CONGRESSIONAL RECORD — SENATE December 17, 2018 seq.) and the Justice for Victims of Trafficking or, in the case of international organizations, (7) the Committee on Health, Education, Act (Public Law 114–22; 129 Stat. 227). the country of citizenship, has not initiated Labor, and Pensions of the Senate; SEC. 118. BEST PRACTICES TO PREVENT FORCED prosecution against the employer or family mem- (8) the Committee on Commerce, Science, and CHILD LABOR TRAFFICKING. ber.’’; and Transportation of the Senate; It is the sense of the Congress that— (2) in paragraph (3), by striking ‘‘a mecha- (9) the Committee on the Judiciary of the Sen- (1) the United States Government condemns, nism is in place’’ and inserting ‘‘, as applicable, ate; and in the strongest terms, forced child labor, in- the unpaid default judgment or final civil judge- (10) the Committee on Finance of the Senate. cluding in situations of trafficking; and ment has been resolved, the diplomatic mission (c) REQUIREMENTS.—The report required (2) the President should work with the private or international organization hosting the em- under subsection (a) shall— sector to develop best practices and guidance for ployer or family member has waived immunity preventing forced child labor and indentured for the employer or family member or the coun- (1) describe the role and best practices of pri- servitude, including in situations of trafficking. try that accredited the employer or family mem- vate sector employers in the United States in ber or the country of citizenship of the employer complying with the provisions of section 307 of Subtitle C—Preventing Trafficking in Persons the Tariff Act of 1930; in the United States or family member completed the prosecution of the employer or family member, and the diplo- (2) describe any efforts or programs under- SEC. 121. DEMAND REDUCTION STRATEGIES IN matic mission or international organization taken by relevant Federal, State, or local gov- THE UNITED STATES. hosting the employer or family member has a ernment agencies to encourage employers, di- (a) DEPARTMENT OF JUSTICE TASK FORCE.— mechanism in place’’. rectly or indirectly, to comply with such provi- Section 105(d)(7) of the Trafficking Victims Pro- sions; tection Act of 2000 (22 U.S.C. 7103(d)(7)) is SEC. 124. ACTIONS AGAINST SIGNIFICANT TRAF- FICKERS IN PERSONS. (3) describe the roles of the relevant Federal amended— Section 111(a)(1) of the Trafficking Victims departments and agencies in overseeing and reg- (1) in subparagraph (Q)(vii), by striking Protection Act of 2000 (22 U.S.C. 7108(a)(1)) is ulating such provisions, and the oversight and ‘‘and’’ at the end; amended— enforcement mechanisms used by such depart- (2) in subparagraph (R), by striking the period (1) in the matter preceding subparagraph (A), ments or agencies; at the end and inserting ‘‘; and’’; and by inserting ‘‘, or section 1263 of the Global (3) by adding at the end the following: (4) provide concrete, actual case studies or ex- Magnitsky Human Rights Accountability Act ‘‘(S) tactics and strategies employed by human amples of how such provisions are enforced; (subtitle F of title XII of Public Law 114–328; 22 trafficking task forces sponsored by the Depart- (5) identify the number of petitions received U.S.C. 2656 note),’’ after ‘‘1701)’’ the second ment of Justice to reduce demand for trafficking and cases initiated (whether by petition or oth- place it appears; and victims.’’. erwise) or investigated by each relevant Federal (2) by adding at the end the following: (b) REPORT ON STATE ENFORCEMENT.—Sub- department or agency charged with imple- ‘‘(D) Officials of a foreign government who section (e)(1)(A) of the Combat Human Traf- menting and enforcing such provisions, as well participate in, facilitate, or condone severe ficking Act of 2015 (34 U.S.C. 20709(e)(1)(A)) is as the dates petitions were received or investiga- forms of trafficking in persons for significant fi- amended— tions were initiated, and their current statuses; nancial gain.’’. (1) in the matter preceding clause (i), by strik- (6) identify any enforcement actions during ing ‘‘rates’’ and inserting ‘‘number’’; Subtitle D—Monitoring Child, Forced, and the most recent 10 years, including— (2) by inserting ‘‘, noting the number of cov- Slave Labor (A) the issuance of Withhold Release Orders; ered offenders’’ after ‘‘covered offense’’ each SEC. 131. SENSE OF CONGRESS. (B) the detention of shipments; place such term appears; It is the sense of Congress that— (C) the issuance of civil penalties; and (3) in clause (i), by striking ‘‘arrest’’ and in- (1) foreign assistance that addresses poverty (D) the formal charging with criminal charges serting ‘‘arrests’’; alleviation and humanitarian disasters reduces relating to the forced labor scheme taken as a (4) in clause (ii), by striking ‘‘prosecution’’ the vulnerability of men, women, and children result of petitions and investigations identified and inserting ‘‘prosecutions’’; and to human trafficking and is a crucial part of the pursuant to paragraph (5), organized by type of (5) in clause (iii), by striking ‘‘conviction’’ response of the United States to modern-day action, date of action, commodity, and country and inserting ‘‘convictions’’. slavery; of origin; SEC. 122. DESIGNATION OF A LABOR PROS- (2) the Deputy Under Secretary of the Bureau (7) with respect to any relevant petition filed ECUTOR TO ENHANCE STATE AND of International Labor Affairs of the Depart- LOCAL EFFORTS TO COMBAT TRAF- ment of Labor and the grant programs adminis- during the 10-year period immediately preceding FICKING IN PERSONS. tered by the Deputy Under Secretary play a the date of the enactment of this Act with the Section 204(a)(1) of the Trafficking Victims critical role in preventing and protecting chil- relevant Federal departments and agencies Protection Reauthorization Act of 2005 (34 dren from the worst forms of child labor, includ- tasked with implementing such provisions, list U.S.C. 20705(a)(1)) is amended— ing situations of trafficking, and in reducing the specific products, country of origin, manu- (1) in subparagraph (D), by striking ‘‘and’’ at the vulnerabilities of men and women to situa- facturer, importer, end-user or retailer, and out- the end; tions of forced labor and trafficking; and comes of any investigation; (2) in subparagraph (E), by striking the period (3) the Secretary of Labor also plays a critical (8) identify any gaps that may exist in en- at the end and inserting ‘‘; and’’; and role in helping other Federal departments and forcement of such provisions; (3) by adding at the end the following: agencies to prevent goods made with forced and (9) describe the engagement of the relevant ‘‘(F) as appropriate, to designate at least 1 child labor from entering the United States by Federal departments and agencies with stake- prosecutor for cases of severe forms of traf- consulting with such departments and agencies holders, including the engagement of importers, ficking in persons (as such term is defined in to reduce forced and child labor internationally forced labor experts, and nongovernmental or- section 103(9) of the Trafficking Victims Protec- and ensuring that products made by forced ganizations; and tion Act of 2000 (22 U.S.C. 7102(9)).’’. labor and child labor in violation of inter- (10) based on the information required under SEC. 123. PREVENTING HUMAN TRAFFICKING IN national standards are not imported into the paragraphs (1) through (9)— FOREIGN MISSIONS AND DIPLO- United States. (A) identify any regulatory obstacles or chal- MATIC HOUSEHOLDS. SEC. 132. REPORT ON THE ENFORCEMENT OF lenges to enforcement of such provisions; and Section 203(a) of the William Wilberforce Traf- SECTION 307 OF THE TARIFF ACT OF (B) provide recommendations for actions that ficking Victims Protection Reauthorization Act 1930. could be taken by the relevant Federal depart- of 2008 (8 U.S.C. 1375c(a)) is amended— (a) IN GENERAL.—Not later than 2 years after ments and agencies to overcome such obstacles. (1) in paragraph (2)— the date of the enactment of this Act, the Comp- (A) by striking ‘‘for such period as the Sec- troller General of the United States shall submit SEC. 133. MODIFICATION TO LIST OF CHILD-MADE AND SLAVERY-MADE GOODS. retary determines necessary’’ and inserting ‘‘for a report to the committees listed in subsection a period of at least 1 year, except if the Sec- (b) that describes any obstacles or challenges to (a) IN GENERAL.—Section 105(b)(2)(C) of the retary determines and reports to the appropriate enforcing section 307 of the Tariff Act of 1930 (19 Trafficking Victims Protection Reauthorization congressional committees, in advance, the rea- U.S.C. 1307). Act of 2005 (22 U.S.C. 7112(b)(2)(C)) is amended sons a shorter period is in the national inter- (b) COMMITTEES.—The committees listed in by inserting ‘‘, including, to the extent prac- est,’’; and this subsection are— ticable, goods that are produced with inputs (B) by striking ‘‘the Secretary determines’’ (1) the Committee on Foreign Affairs of the that are produced with forced labor or child and all that follows and inserting ‘‘there is an House of Representatives; labor’’ after ‘‘international standards’’. unpaid default or final civil judgement directly (2) the Committee on Financial Services of the (b) INCLUSION IN AUTHORIZATION OF APPRO- or indirectly related to human trafficking House of Representatives; PRIATIONS.—Amounts appropriated pursuant to against the employer or a family member as- (3) the Committee on Energy and Commerce of the authorization of appropriations under sec- signed to the embassy, or the diplomatic mission the House of Representatives; tion 113(f) of the Trafficking Victims Protection or international organization hosting the em- (4) the Committee on the Judiciary of the Act of 2000 (22 U.S.C. 7110(f)), as amended by ployer or family member has not responded af- House of Representatives; section 301, are authorized to be made available firmatively to a request to waive immunity with- (5) the Committee on Ways and Means of the to carry out the purposes described in section in 6 weeks of the request in a case brought by House of Representatives; 105(b)(2) of the Trafficking Victims Protection the United States Government and the country (6) the Committee on Foreign Relations of the Reauthorization Act of 2005 (22 U.S.C. that accredited the employer or family member Senate; 7112(b)(2)), as amended by subsection (a).

VerDate Sep 11 2014 01:41 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.007 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7635 TITLE II—FIGHTING HUMAN TRAFFICKING ‘‘(v) employing or recruiting child soldiers.’’. mittee on Foreign Relations of the Senate, the ABROAD SEC. 204. REQUIREMENTS FOR STRATEGIES TO Committee on Appropriations of the Senate, the Subtitle A—Efforts to Combat Trafficking PREVENT TRAFFICKING. Committee on Foreign Affairs of the House of (a) REPORT ON NEW PRACTICES TO COMBAT Representatives, and the Committee on Appro- SEC. 201. INCLUDING THE SECRETARY OF THE TREASURY AND THE UNITED STATES TRAFFICKING.— priations of the House of Representatives that TRADE REPRESENTATIVE AS A MEM- (1) IN GENERAL.—Not later than 120 days after describes, with respect to the prior fiscal year— BER OF THE INTERAGENCY TASK the date of the enactment of this Act, and annu- (1) each obligation or expenditure of Federal FORCE TO MONITOR AND COMBAT ally thereafter for 7 years, the Secretary of funds by the Agency for the purpose of com- TRAFFICKING. State, in consultation with the Administrator of bating human trafficking and forced labor; and Section 105(b) of the Trafficking Victims Pro- the United States Agency for International De- (2) with respect to each such obligation or ex- tection Act of 2000 (22 U.S.C. 7103(b)) is amend- velopment, shall submit a report to the Com- penditure, the program, project, activity, pri- ed by inserting ‘‘the Secretary of the Treasury, mittee on Foreign Relations of the Senate and mary recipient, and any subgrantees or sub- the United States Trade Representative,’’ after the Committee on Foreign Affairs of the House contractors. ‘‘the Secretary of Education,’’. of Representatives that— Subtitle B—Child Soldier Prevention Act of SEC. 202. ENCOURAGING COUNTRIES TO MAIN- (A) describes any practices adopted by the De- 2018 TAIN AND SHARE DATA ON HUMAN partment of State or the United States Agency TRAFFICKING EFFORTS. for International Development to better combat SEC. 211. FINDINGS. Section 108(b) of the Trafficking Victims Pro- trafficking in persons, in accordance with the Congress finds the following: tection Act of 2000 (22 U.S.C. 7106(b)) is amend- report submitted under section 101(b)(4) of the (1) The recruitment or use of children in ed— Trafficking Victims Protection Reauthorization armed conflict is unacceptable for any govern- (1) in paragraph (1)— Act of 2005, in order to reduce the risk of traf- ment or government-supported entity receiving (A) by striking ‘‘the capacity’’ and inserting ficking in post-conflict or post-disaster areas; or United States assistance. ‘‘a demonstrably increasing capacity’’; and (B) if no practices referred to in subparagraph (2) The recruitment or use of children in (B) by striking the last sentence; and (A) have been adopted, includes a strategy to re- armed conflict, including direct combat, support (2) in paragraph (7)— duce the risk of trafficking in such areas. roles, and sexual slavery, occurred during 2016 (A) by striking ‘‘consistent with its resources’’ (2) PUBLIC AVAILABILITY.—Each report sub- or 2017 in Afghanistan, Iran, Mali, Niger, South and inserting ‘‘, consistent with a demonstrably mitted under paragraph (1) shall be posted on a Sudan, Sudan, Burma, the Democratic Republic increasing capacity of such government to ob- publicly available internet website of the De- of the Congo, Iraq, Nigeria, Rwanda, Somalia, tain such data,’’; and partment of State. Syria, and Yemen. (B) by striking the last sentence. (b) CHILD PROTECTION STRATEGIES IN WATCH (3) Entities of the Government of Afghanistan, SEC. 203. APPROPRIATE LISTING OF GOVERN- LIST COUNTRIES.— particularly the Afghan Local Police and Af- MENTS INVOLVED IN HUMAN TRAF- (1) IN GENERAL.—The Administrator of the ghan National Police, continue to recruit chil- FICKING. United States Agency for International Develop- dren to serve as combatants or as servants, in- Section 110(b) of the Trafficking Victims Pro- ment shall incorporate into the relevant country cluding as sex slaves. tection Act of 2000 (22 U.S.C. 7107(b)) is amend- development cooperation strategy for each coun- (4) Police forces of the Government of Afghan- ed— try on the list described in paragraph (1)(C) of istan participate in counterterrorism operations, (1) in paragraph (2)— section 110(b) of the Trafficking Victims Protec- direct and indirect combat, security operations, (A) in subparagraph (A)(iii)(I)— fight alongside regular armies, and are targeted (i) by striking ‘‘absolute’’ and inserting ‘‘esti- tion Act of 2000 (22 U.S.C. 7107(b)) or the special watch list described in paragraph (2)(A)(iii) of for violence by the Taliban and other opposition mated’’; and groups. (ii) by inserting ‘‘and the country is not tak- such section, strategies for the protection of children and the reduction of the risk of traf- (5) In February 2016, a 10-year-old boy was ing proportional concrete actions’’ before the assassinated by the Taliban after he had been semicolon at the end; and ficking. (2) COMPONENTS.—The child protection and publicly honored by Afghan local police forces (B) by adding at the end the following: for his assistance in combat operations against ‘‘(F) SPECIAL RULE FOR CERTAIN COUNTRIES ON trafficking reduction strategies required under paragraph (1) shall— the Taliban. SPECIAL WATCH LIST THAT ARE DOWNGRADED AND (6) Recruitment and use of children in armed REINSTATED ON SPECIAL WATCH LIST.—Notwith- (A) address the root causes of insecurity that leave children and youth vulnerable to traf- conflict by government forces has continued in standing subparagraphs (D) and (E), a country South Sudan with the return to hostilities. may not be included on the special watch list ficking; and (B) include common metrics and indicators to (7) At least 19,000 children have been recruited described in subparagraph (A)(iii) for more than since South Sudan’s civil war began in 2013. 1 consecutive year after the country— monitor progress across Federal agencies to pre- ‘‘(i) was included on the special watch list de- vent, address, and end violence against children SEC. 212. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008. scribed in subparagraph (A)(iii) for— and youth globally in post-conflict and post-dis- (a) DEFINITIONS.—Section 402(2) of the Child ‘‘(I) 2 consecutive years after the date of the aster areas. Soldiers Prevention Act of 2008 (22 U.S.C. enactment of subparagraph (D); and SEC. 205. BRIEFING ON COUNTRIES WITH PRI- ‘‘(II) any additional years after such date of MARILY MIGRANT WORKFORCES. 2370c(2)) is amended— enactment as a result of the President exercising Not later than 30 days after the date of the (1) in subparagraph (A), by inserting ‘‘, po- the waiver authority under subparagraph enactment of this Act, the Secretary of State lice, or other security forces’’ after ‘‘govern- (D)(ii); and shall provide a briefing to the Committee on mental armed forces’’ each place such term ap- ‘‘(ii) was subsequently included on the list of Foreign Relations of the Senate, the Committee pears; and countries described in paragraph (1)(C).’’; and on the Judiciary of the Senate, the Committee (2) in subparagraph (B), by striking ‘‘clauses’’ (2) in paragraph (3)— on Foreign Affairs of the House of Representa- and inserting ‘‘clause’’. (A) by redesignating subparagraphs (A), (B), tives, and the Committee on the Judiciary of the (b) PROHIBITION.—Section 404 of the Child and (C) as clauses (i), (ii), and (iii) and moving House of Representatives that includes, with re- Soldiers Prevention Act of 2008 (22 U.S.C. 2370c– such clauses 2 ems to the right; spect to each country that has a domestic work- 1) is amended— (B) in the matter preceding clause (i), as re- force of which more than 80 percent are third- (1) in subsection (a)— designated, by striking ‘‘In determinations’’ and country nationals— (A) by inserting ‘‘, police, or other security inserting the following: (1) an assessment of the progress made by the forces,’’ after ‘‘governmental armed forces’’; and ‘‘(A) IN GENERAL.—In determinations’’; and government of such country toward imple- (B) by striking ‘‘recruit and use child sol- (C) by adding at the end the following: menting the recommendations with respect to diers’’ and inserting ‘‘recruit or use child sol- ‘‘(B) PROOF OF FAILURE TO MAKE SIGNIFICANT such country contained in the most recent Traf- diers’’; EFFORTS.—In addition to the considerations de- ficking in Persons Report submitted by the Sec- (2) in subsection (b), by amending paragraph scribed in clauses (i), (ii), and (iii) of subpara- retary under section 110(b) of the Trafficking (2) to read as follows: graph (A), in determinations under paragraph Victims Protection Act of 2000 (22 U.S.C. ‘‘(2) NOTIFICATION.— (1)(C) as to whether the government of a coun- 7107(b)), as amended by section 203 of this Act; ‘‘(A) IN GENERAL.—Not later than 45 days try is not making significant efforts to bring and after the date on which each report is submitted itself into compliance with the minimum stand- (2) a description of the efforts made by the under section 110(b) of the Trafficking Victims ards for the elimination of trafficking, the Sec- United States to ensure that any domestic work- Protection Act of 2000 (22 U.S.C. 7107(b)), the retary of State shall consider, as proof of failure er brought into the United States by an official Secretary of State shall formally notify each to make significant efforts, a government policy of such country is not a victim of trafficking. government included in the list under para- or pattern of— SEC. 206. REPORT ON RECIPIENTS OF FUNDING graph (1) that such government is included in ‘‘(i) trafficking; FROM THE UNITED STATES AGENCY such list. ‘‘(ii) trafficking in government-funded pro- FOR INTERNATIONAL DEVELOP- ‘‘(B) CONGRESSIONAL NOTIFICATION.—As soon grams; MENT. as practicable after making all of the notifica- ‘‘(iii) forced labor (in government-affiliated Not later than 90 days after the date of the tions required under subparagraph (A) with re- medical services, agriculture, forestry, mining, enactment of this Act, and by October 1 of each spect to a report, the Secretary of State shall no- construction, or other sectors); of the following 4 years, the Administrator of tify the appropriate congressional committees ‘‘(iv) sexual slavery in government camps, the United States Agency for International De- that the requirements of subparagraph (A) have compounds, or outposts; or velopment shall submit a report to the Com- been met.’’;

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(3) in subsection (c)(1), by inserting before the (5) APPROPRIATE CONGRESSIONAL COMMITTEES (Purpose: To strike the section of the bill es- period at the end the following: ‘‘and certifies to DEFINED.—In this subsection, the term ‘‘appro- tablishing preferred places of accommoda- the appropriate congressional committees that priate congressional committees’’ means— tion for Federal employees and for other the government of such country is taking effec- (A) the Committee on Foreign Relations and purposes) tive and continuing steps to address the problem the Committee on Armed Services of the Senate; of child soldiers’’; and and On page 53, line 9, insert ‘‘, in consultation (4) in subsection (e)(1), in the matter pre- (B) the Committee on Foreign Affairs and the with the Secretary of Education and the Sec- ceding subparagraph (A), by striking ‘‘to a Committee on Armed Services of the House of retary of Labor,’’ after ‘‘Services’’. country’’ and all that follows through ‘‘sub- Representatives. On page 57, line 16, insert ‘‘the Secretary of section (a)’’ and inserting ‘‘under section 541 of TITLE III—AUTHORIZATION OF Labor’’ after ‘‘Administration,’’. the Foreign Assistance Act of 1961 (22 U.S.C. APPROPRIATIONS 2347) through the Defense Institute for Inter- Beginning on page 58, strike line 14 and all national Legal Studies or the Center for Civil- SEC. 301. AUTHORIZATION OF APPROPRIATIONS that follows through page 65, line 14. Military Relations at the Naval Post-Graduate UNDER THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000. On page 71, strike lines 1 through 25. School, and may provide nonlethal supplies (as Section 113 of the Trafficking Victims Preven- defined in section 2557(d)(1)(B) of title 10, tion Act of 2000 (22 U.S.C. 7110) is amended— The committee-reported amendment United States Code), to a country subject to the in the nature of a substitute, as amend- prohibition under subsection (a)’’. (1) by amending subsection (a) to read as fol- (c) REPORTS.—Section 405 of the Child Sol- lows: ed, was agreed to. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS IN diers Prevention Act of 2008 (22 U.S.C. 2370c–2) The amendments were ordered to be SUPPORT OF THE TASK FORCE.—There are au- is amended— engrossed and the bill, as amended, to (1) in subsection (c)— thorized to be appropriated to the Department of (A) in the matter preceding paragraph (1)— State, for each of the fiscal years 2018 through be read a third time. 2021, $13,822,000 for Diplomatic and Consular (i) by striking ‘‘, during any of the 5 years fol- The bill was read the third time. lowing the date of the enactment of this Act,’’; Programs of the Office to Monitor and Combat and Trafficking in Persons, which shall be used to Mr. MCCONNELL. I know of no fur- (ii) by striking ‘‘wavier’’ and inserting ‘‘waiv- carry out sections 105(e), 105(f), and 110, includ- ther debate on the bill. er’’; ing for additional personnel.’’; (B) by redesignating paragraphs (2), (3), and (2) in subsection (b)(1), by striking The PRESIDING OFFICER. Is there (4) as paragraphs (3), (4), and (5), respectively; ‘‘$14,500,000 for each of the fiscal years 2014 further debate? Hearing none, the ques- (C) by inserting after paragraph (1) the fol- through 2017’’ and inserting ‘‘$19,500,000 for tion is, Shall the bill pass? lowing: each of the fiscal years 2018 through 2021, of ‘‘(2) a description and the amount of any as- which $3,500,000 is authorized to be appro- The bill (H.R. 2200), as amended, was sistance withheld under this title pursuant to priated for each fiscal year for the National passed. the application to those countries of the prohibi- Human Trafficking Hotline.’’; Mr. MCCONNELL. I ask unanimous tion in section 404(a);’’; and (3) in subsection (c), by amending paragraph (D) in paragraph (5), as redesignated, by in- (1) to read as follows: consent that the motion to reconsider serting ‘‘and the amount’’ after ‘‘a description’’; ‘‘(1) ASSISTANCE TO COMBAT TRAFFICKING.— be considered made and laid upon the and There are authorized to be appropriated to the table. (2) by adding at the end the following: Department of State, for each of the fiscal years ‘‘(d) INFORMATION TO BE INCLUDED IN ANNUAL 2018 through 2021, $65,000,000, which shall be The PRESIDING OFFICER. Without TRAFFICKING IN PERSONS REPORT.—If the Sec- used— objection, it is so ordered. retary of State notifies a country pursuant to ‘‘(A) to carry out sections 106 and 107(a); section 404(b)(2), or the President grants a waiv- ‘‘(B) to carry out section 134 of the Foreign f er pursuant to section 404(c)(1), the Secretary of Assistance Act of 1961 (22 U.S.C. 2152d); State shall include, in each report required ‘‘(C) to assist countries in meeting the min- under section 110(b) of the Trafficking Victims imum standards described in section 108; and MODERNIZING RECREATIONAL Protection Act of 2000 (22 U.S.C. 7107(b)), the in- ‘‘(D) for programs and activities on preven- FISHERIES MANAGEMENT ACT formation required to be included in the annual tion, protection, and prosecution to combat all OF 2017 report to Congress under paragraphs (1) forms of trafficking in persons internationally, through (5) of subsection (c).’’. including training activities for law enforcement Mr. MCCONNELL. Mr. President, I (d) ELIMINATION OF CHILD SEXUAL ASSAULT officers, prosecutors, and members of the judici- ask unanimous consent that the Sen- BY AFGHAN SECURITY FORCES.— ary with respect to trafficking in persons at the ate proceed to the immediate consider- (1) SENSE OF CONGRESS.—It is the sense of International Law Enforcement Academies.’’; Congress that the Department of State and the and ation of Calendar No. 441, S. 1520. Department of Defense should fully implement (4) in subsection (f), by striking ‘‘2014 through The PRESIDING OFFICER. The the recommendations in the Special Inspector 2017’’ and inserting ‘‘2018 through 2021.’’. General for Afghanistan Reconstruction’s 2017 clerk will report the bill by title. report on Child Sexual Assault in Afghanistan. SEC. 302. AUTHORIZATION OF APPROPRIATIONS UNDER THE INTERNATIONAL The legislative clerk read as follows: (2) REPORT ON STATUS OF IMPLEMENTATION OF MEGAN’S LAW. RECOMMENDATIONS.—Not later than 90 days A bill (S. 1520) to expand recreational fish- Section 11 of the International Megan’s Law after the date of the enactment of this Act, the ing opportunities through enhanced marine to Prevent Child Exploitation and Other Sexual Secretary of State and the Secretary of Defense Crimes Through Advanced Notification of Trav- fishery conservation and management, and shall report to the appropriate congressional eling Sex Offenders (34 U.S.C. 21509) is amended for other purposes. committees on the status of implementation, by striking ‘‘2017 and 2018’’ and inserting ‘‘2018 within their respective departments, of each rec- There being no objection, the Senate through 2021’’. ommendation included in the report referenced proceeded to consider the bill, which in paragraph (1). SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR AIRPORT PERSONNEL TRAINING had been reported from the Committee (3) REPORT ON INTERAGENCY EFFORTS TO MON- TO IDENTIFY AND REPORT HUMAN on Commerce, Science, and Transpor- ITOR ABUSES.—Not later than 180 days after the TRAFFICKING VICTIMS. tation, with an amendment to strike date of the enactment of this Act, the Secretary There is authorized to be appropriated to the of State and the Secretary of Defense shall re- Commissioner of U.S. Customs and Border Pro- all after the enacting clause and insert port to the appropriate congressional committees tection $250,000 for each of the fiscal years 2018 in lieu thereof the following: on the status of interagency efforts to establish through 2021 to expand outreach and live on- effective, coherent, and discrete reporting by site anti-trafficking training for airport and air- SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES. United States personnel on child sexual abuse line personnel. by Afghan security forces with whom they train (a) SHORT TITLE.—This Act may be cited as Mr. MCCONNELL. I ask unanimous or advise or to whom they provide assistance. the ‘‘Modernizing Recreational Fisheries Man- (4) PRIORITIZATION AT MINISTERIAL CON- consent that the Murray amendment agement Act of 2018’’. FERENCE ON AFGHANISTAN.—The Department of at the desk be agreed to; the com- State shall ensure that the issue of child sexual mittee-reported amendment, as amend- (b) TABLE OF CONTENTS.—The table of con- assault by Afghan security forces is incor- ed, be agreed to; and the bill, as amend- tents of this Act is as follows: porated and elevated as an issue of inter- ed, be considered read the third time. national concern and focus at the next Ministe- rial Conference on Afghanistan, scheduled for The PRESIDING OFFICER. Without November 27-28, 2018, in Geneva, Switzerland, objection, it is so ordered. with the goal of ending the illegal but ongoing The amendment (No. 4107) was agreed practice known as ‘‘bacha bazi’’. to, as follows:

VerDate Sep 11 2014 02:51 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.007 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7637 Sec. 1. Short title; table of contents; ref- in the preparation of a fishery management (iv) recommendations of policies to address erences. plan; any impacts identified under clause (iii); and Sec. 2. Findings. (2) to identify sources of information that (v) identification of and recommendation of Sec. 3. Definitions. could reasonably support the use of such cri- the different factors and information that TITLE I—CONSERVATION AND teria in allocation decisions; and should be considered when designing, estab- MANAGEMENT (3) to develop procedures for allocation re- lishing, or maintaining a limited access privilege views and potential adjustments in allocations. program in a mixed-use fishery to mitigate any Sec. 101. Process for allocation review for (b) REPORT.—Not later than 1 year after the impacts identified in clause (iii); and South Atlantic and Gulf of Mexico mixed- date an arrangement is entered into under sub- (B) submit to the appropriate committees of use fisheries. section (a), the National Academy of Sciences Congress a report on the study under subpara- Sec. 102. Fishery management measures. shall submit to the appropriate committees of graph (A), including the recommendations Sec. 103. Study of limited access privilege pro- Congress a report on the study conducted under under clauses (iv) and (v) of subparagraph (A). grams for mixed-use fisheries. that subsection. (2) EXCLUSION.—The study described in this Sec. 104. Rebuilding overfished fisheries. (c) PROCESS FOR ALLOCATION REVIEW AND ES- subsection shall not include the areas covered Sec. 105. Authorization for multispecies com- TABLISHMENT.— by the North Pacific Fishery Management plexes and multiyear catch limits. (1) IN GENERAL.—Not later than 2 years after Council. Sec. 106. Exempted fishing permits. the date of enactment of this Act, and every 5 (b) TEMPORARY MORATORIUM.— TITLE II—RECREATION FISHERY INFOR- years thereafter, an applicable Council shall (1) IN GENERAL.—Except as provided in para- MATION, RESEARCH, AND DEVELOP- perform a review of the allocations to the com- graph (2), with respect to applicable Councils, MENT mercial fishing sector and the recreational fish- there shall be a moratorium on the submission Sec. 201. Cooperative data collection. ing sector of all applicable fisheries in its juris- and approval of a limited access privilege pro- Sec. 202. Recreational data collection. diction, consistent with the provisions of this gram for a mixed-used fishery for 2 years after Act. TITLE III—RULE OF CONSTRUCTION the date of enactment of this Act. (2) CONSIDERATIONS.—In conducting a review (2) EXCEPTION.—Subject to paragraph (3), an Sec. 301. Rule of construction. under paragraph (1), an applicable Council applicable Council may submit, and the Sec- (c) REFERENCES TO THE MAGNUSON-STEVENS shall consider, in each allocation decision, the retary of Commerce may approve, for a mixed- FISHERY CONSERVATION AND MANAGEMENT ecological, economic, and social factors of— use fishery that is managed under a limited ac- ACT.—Except as otherwise expressly provided, (A) the commercial fishing sector; and cess system, a limited access privilege program if wherever in this Act an amendment or repeal is (B) the recreational fishing sector. such program was part of a pending fishery (d) DEFINITION OF APPLICABLE COUNCIL.—In expressed in terms of an amendment to, or re- management plan or plan amendment before the this section, the term ‘‘applicable Council’’ peal of, a section or other provision, the ref- date of enactment of this Act. means— erence shall be considered to be made to a sec- (3) MANDATORY REVIEW.—An applicable (1) the South Atlantic Fishery Management tion or other provision of the Magnuson-Stevens Council that approves a limited access privilege Council; or Fishery Conservation and Management Act (16 program under paragraph (2) shall, upon U.S.C. 1801 et seq.). (2) the Gulf of Mexico Fishery Management Council. issuance of the report required under subpara- SEC. 2. FINDINGS. graph (a), review and, to the extent practicable, SEC. 102. FISHERY MANAGEMENT MEASURES. Section 2(a) (16 U.S.C. 1801(a)) is amended by revise the limited access privilege program to be (a) MANAGEMENT.—Section 302(h) (16 U.S.C. adding at the end the following: consistent with the recommendations of the re- ‘‘(13) While both provide significant cultural 1852(h)) is amended— (1) in paragraph (7)(C), by striking ‘‘; and’’ port or any subsequent statutory or regulatory and economic benefits to the Nation, rec- and inserting a semicolon; requirements designed to implement the recreational fishing and commercial fishing are dif- (2) by redesignating paragraph (8) as para- ommendations of the report. ferent activities. Therefore, management ap- graph (9); and (4) LIMITED ACCESS PRIVILEGE PROGRAM.— proaches should be adapted to the characteris- (3) by inserting after paragraph (7) the fol- Nothing in this section may be construed to af- tics of each sector.’’. lowing: fect a limited access privilege program approved SEC. 3. DEFINITIONS. ‘‘(8) have the authority to use fishery man- by the Secretary of Commerce before the date of In this Act: agement measures in a recreational fishery (or enactment of this Act. (1) APPROPRIATE COMMITTEES OF CONGRESS.— the recreational component of a mixed-use fish- (5) APPLICABLE COUNCIL.—In this subsection, The term ‘‘appropriate committees of Congress’’ ery) in developing a fishery management plan, the term ‘‘applicable Council’’ means— means— plan amendment, or proposed regulations, such (A) the Gulf of Mexico Fishery Management (A) the Committee on Commerce, Science, and as extraction rates, fishing mortality targets, Council; Transportation of the Senate; and harvest control rules, or traditional or cultural (B) the South Atlantic Fishery Management (B) the Committee on Natural Resources of the practices of native communities; and’’. Council; or House of Representatives. (b) REPORT.—Not later than 180 days after the (C) the Mid-Atlantic Fishery Management (2) COUNCIL.—The term ‘‘Council’’ means any date of enactment of this Act, the Secretary of Council. Regional Fishery Management Council estab- Commerce shall submit to the appropriate com- SEC. 104. REBUILDING OVERFISHED FISHERIES. lished under section 302 of the Magnuson-Ste- mittees of Congress a report that describes any Section 304(e) (16 U.S.C. 1854(e)) is amended— vens Fishery Conservation and Management Act actions pursuant to paragraph (8) of section (1) in paragraph (4), by amending subpara- (16 U.S.C. 1852). 302(h) of the Magnuson-Stevens Fishery Con- graph (A)(ii) to read as follows: (3) LIMITED ACCESS PRIVILEGE PROGRAM.—The servation and Management Act (16 U.S.C. ‘‘(ii) not exceed the shortest time possible term ‘‘limited access privilege program’’ means a 1852(h)), as added by subsection (a). within which the stock of fish would be rebuilt program that meets the requirements of section (c) OTHER FISHERIES.—Nothing in paragraph without fishing occurring, plus one mean gen- 303A of the Magnuson-Stevens Fishery Con- (8) of section 302(h) of the Magnuson-Stevens eration, unless management measures under servation and Management Act (16 U.S.C. Fishery Conservation and Management Act (16 international agreement in which the United 1853a). U.S.C. 1852(h)), as added by subsection (a), States participates dictate otherwise;’’; and (4) MIXED-USE FISHERY.—The term ‘‘mixed-use shall be construed to affect management of any (2) in paragraph (7)— fishery’’ means a Federal fishery in which 2 or fishery not described in such paragraph (8). (A) by redesignating subparagraphs (A) and more of the following occur: SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE (B) as clauses (i) and (ii); (A) Recreational fishing. PROGRAMS FOR MIXED-USE FISH- (B) by striking ‘‘(7) The Secretary’’ and in- (B) Charter fishing. ERIES. serting the following: (C) Commercial fishing. (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO- ‘‘(7)(A) The Secretary’’; GRAMS.— (C) by striking ‘‘If the Secretary’’ and insert- TITLE I—CONSERVATION AND (1) IN GENERAL.—Not later than 2 years after ing the following: MANAGEMENT the date of enactment of this Act, the Ocean ‘‘(B) If the Secretary’’; SEC. 101. PROCESS FOR ALLOCATION REVIEW Studies Board of the National Academies of (D) in subparagraph (A), as so redesignated, FOR SOUTH ATLANTIC AND GULF OF Sciences, Engineering, and Medicine shall— by striking ‘‘two years’’ and inserting the fol- MEXICO MIXED-USE FISHERIES. (A) complete a study on the use of limited ac- lowing: ‘‘2 years. The Secretary shall find that (a) STUDY OF ALLOCATIONS IN MIXED-USE cess privilege programs in mixed-use fisheries, adequate progress toward ending overfishing FISHERIES.—Not later than 60 days after the including— and rebuilding affected fish stocks has not re- date of enactment of this Act, the Secretary of (i) an assessment of progress in meeting the sulted if— Commerce shall enter into an arrangement with goals of the program and this Act; ‘‘(i) the status of the stock is not improving, the National Academy of Sciences to conduct a (ii) an assessment of the social, economic, and such that it becomes unlikely that the stock will study of South Atlantic and Gulf of Mexico ecological effects of the program, considering be rebuilt within the rebuilding time period; mixed-use fisheries— each sector of a mixed-use fishery and related ‘‘(ii) the applicable fishing mortality rate or (1) to provide guidance to each applicable businesses, coastal communities, and the envi- catch limits are exceeded, and the causes and Council on criteria that could be used for allo- ronment; rebuilding consequences of such exceedances cating fishing privileges, including consider- (iii) an assessment of any impacts to stake- have not been corrected; ation of the ecological, economic, and social fac- holders in a mixed-use fishery caused by a lim- ‘‘(iii) the rebuilding expectations are signifi- tors of each component of a mixed-use fishery, ited access privilege program; cantly changed due to new information about

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the status of the stock, and the new information ‘‘(2) CONTENT.—In developing the report subsection, and assist such programs in com- indicates that less progress than expected has under paragraph (1), the Secretary shall— plying with requirements related to changes in been made toward rebuilding the stock; or ‘‘(A) identify types of data and analysis, espe- recreational data collection under paragraph ‘‘(iv) for other reasons, as appropriate.’’; and cially concerning recreational fishing, that can (3). Any funds awarded through such grants (E) by adding at the end the following: be used for purposes of this Act as the basis for shall be used to support data collection, quality ‘‘(C) A Council shall not adopt, and the Sec- establishing conservation and management assurance, and outreach to entities submitting retary shall not approve, a fishery management measures as required by section 303(a)(1), in- such data. The Secretary shall prioritize such plan, plan amendment, or proposed regulation cluding setting standards for the collection and grants based on the ability of the grant to im- required under this subsection for any fishery use of that data and analysis in stock assess- prove the quality and accuracy of such pro- that has previously been under such a plan that ments and surveys and for other purposes; grams.’’; and did not rebuild such fishery to the biomass nec- ‘‘(B) provide specific recommendations for col- (2) by adding at the end the following: essary to achieve maximum sustainable yield, as lecting data and performing analyses identified ‘‘(h) ACTION BY SECRETARY.—The Secretary determined by the Council’s scientific and sta- as necessary to reduce uncertainty in and im- shall— tistical committee, unless the new plan, amend- prove the accuracy of future stock assessments, ‘‘(1) within 90 days after the date of the en- ment, or proposed regulation has at least a 75 including whether such data and analysis could actment of the Modernizing Recreational Fish- percent chance of rebuilding the fishery within be provided by nongovernmental sources; and eries Management Act of 2018, enter into an the time limit proposed by the Council, as cal- ‘‘(C) consider the extent to which the accept- agreement with the National Academy of culated by the Council’s scientific and statis- ance and use of data and analyses identified in Sciences to evaluate, in the form of a report— tical committee pursuant to section the report in fishery management decisions is ‘‘(A) how the design of the Marine Rec- 302(g)(1)(B).’’. practicable and compatible with the require- reational Information Program, for the purposes SEC. 105. AUTHORIZATION FOR MULTISPECIES ments of section 301(a)(2).’’. of stock assessment and the determination of COMPLEXES AND MULTIYEAR CATCH stock management reference points, can be im- (b) NAS REPORT RECOMMENDATIONS.—The LIMITS. Secretary of Commerce shall take into consider- proved to better meet the needs of in-season Section 302 (16 U.S.C. 1852) is amended by ation and, to the extent feasible, implement the management of annual catch limits under sec- adding at the end the following: recommendations of the National Academy of tion 303(a)(15); and ‘‘(m) AUTHORIZATION FOR MULTISPECIES COM- ‘‘(B) what actions the Secretary, Councils, Sciences in the report entitled ‘‘Review of the PLEXES AND MULTIYEAR CATCH LIMITS.—For and States could take to improve the accuracy Marine Recreational Information Program purposes of subsection (h)(6), a Council may es- and timeliness of data collection and analysis to (2017)’’, and shall submit, every 2 years fol- tablish— improve the Marine Recreational Information lowing the date of enactment of this Act, a re- ‘‘(1) an annual catch limit for a stock com- Program and facilitate in-season management; port to the appropriate committees of Congress plex; or and ‘‘(2) annual catch limits for each year in any detailing progress made implementing those rec- ‘‘(2) within 6 months after receiving the report continuous period that is not more than 3 years ommendations. Recommendations considered under paragraph (1), submit to Congress rec- in duration.’’. shall include— ommendations regarding— SEC. 106. EXEMPTED FISHING PERMITS. (1) prioritizing the evaluation of electronic ‘‘(A) changes to be made to the Marine Rec- (a) OBJECTIONS.—If the Fishery Management data collection, including smartphone applica- reational Information Program to make the pro- Council, the Interstate Marine Fisheries Com- tions, electronic diaries for prospective data col- gram better meet the needs of in-season manage- mission, or the fish and wildlife agency of an af- lection, and an internet website option for panel ment of annual catch limits and other require- fected State objects to the approval and issuance members or for the public; ments under such section; and of an exempted fishing permit under section (2) evaluating whether the design of the Ma- ‘‘(B) alternative management approaches that 600.745 of title 50, Code of Federal Regulations, rine Recreational Information Program for the could be applied to recreational fisheries for or any successor regulation, the Regional Ad- purposes of stock assessment and the determina- which the Marine Recreational Information ministrator of the National Marine Fisheries tion of stock management reference points is Program is not meeting the needs of in-season Service who issued such exempted fishing permit compatible with the needs of in-season manage- management of annual catch limits, consistent shall respond to such entity in writing detailing ment of annual catch limits; and with other requirements of this Act, until such why such exempted fishing permit was issued. (3) if the Marine Recreational Information time as the changes in subparagraph (A) are im- (b) 12-MONTH FINDING.—At the end of the 12- Program is incompatible with the needs of in- plemented.’’. month period beginning on the date the exempt- season management of annual catch limits, de- TITLE III—RULE OF CONSTRUCTION ed fishing permit is issued under section 600.745 termining an alternative method for in-season management. SEC. 301. RULE OF CONSTRUCTION. of title 50, Code of Federal Regulations, or any Nothing in this Act shall be construed as successor regulation, the Council that prepared SEC. 202. RECREATIONAL DATA COLLECTION. modifying the requirements of sections 301(a), the fishery management plan, or the Secretary Section 401 (16 U.S.C. 1881) is amended— 302(h)(6), or 303(a)(15) of the Magnuson-Stevens in the case of a fishery management plan pre- (1) in subsection (g)— Fishery Conservation and Management Act (16 pared and implemented by the Secretary, shall (A) by redesignating paragraph (4) as para- U.S.C. 1851(a); 1852(h)(6); 1853(a)(15)). review the exempted fishing permit and deter- graph (5); and Mr. MCCONNELL. I ask unanimous mine whether any unintended negative impacts (B) by inserting after paragraph (3) the fol- consent that the committee-reported have occurred that would warrant the dis- lowing: substitute amendment be withdrawn; continuation of the permit. ‘‘(4) FEDERAL-STATE PARTNERSHIPS.— (c) SAVINGS PROVISION.—Nothing in this sec- ‘‘(A) ESTABLISHMENT.—The Secretary shall es- that the Wicker substitute amendment tion may be construed to affect an exempted tablish a partnership with a State to develop be considered and agreed to; that the fishing permit approved under section 600.745 of best practices for implementing the State pro- bill, as amended, be considered read a title 50, Code of Federal Regulations, before the gram established under paragraph (2). third time and passed; and that the date of enactment of this Act. ‘‘(B) GUIDANCE.—The Secretary shall develop motions to reconsider be considered TITLE II—RECREATION FISHERY INFOR- guidance, in cooperation with the States, that made and laid upon the table. MATION, RESEARCH, AND DEVELOP- details best practices for administering State The PRESIDING OFFICER. Without MENT programs pursuant to paragraph (2), and pro- objection, it is so ordered. SEC. 201. COOPERATIVE DATA COLLECTION. vide such guidance to the States. The committee-reported amendment (a) IMPROVING DATA COLLECTION AND ANAL- ‘‘(C) BIENNIAL REPORT.—The Secretary shall in the nature of a substitute was with- YSIS.—Section 404 (16 U.S.C. 1881c) is amended submit to the appropriate committees of Con- gress and publish biennial reports that in- drawn. by adding at the end the following: The amendment (No. 4115) in the na- ‘‘(e) IMPROVING DATA COLLECTION AND ANAL- clude— YSIS.— ‘‘(i) the estimated accuracy of— ture of a substitute was agreed to. ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(I) the information provided under subpara- (The amendment is printed in today’s the date of enactment of the Modernizing Rec- graphs (A) and (B) of paragraph (1) for each RECORD under ‘‘Text of Amendments.’’) reational Fisheries Management Act of 2017, the registry program established under that para- The bill (S. 1520, as amended, was or- Secretary shall develop, in consultation with the graph; and dered to be engrossed for a third read- science and statistical committees of the Coun- ‘‘(II) the information from each State program ing, was read the third time, and cils established under section 302(g) and the Ma- that is used to assist in completing surveys or passed. rine Fisheries Commissions, and submit to the evaluating effects of conservation and manage- Mr. MCCONNELL. I suggest the ab- Committee on Commerce, Science, and Transpor- ment measures under paragraph (2); sence of a quorum. tation of the Senate and the Committee on Nat- ‘‘(ii) priorities for improving recreational fish- The PRESIDING OFFICER. The ural Resources of the House of Representatives ing data collection; and a report on facilitating greater incorporation of ‘‘(iii) an explanation of any use of informa- clerk will call the roll. data, analysis, stock assessments, and surveys tion collected by such State programs and by the The legislative clerk proceeded to from State agencies and nongovernmental Secretary. call the roll. sources described in paragraph (2), to the extent ‘‘(D) STATES GRANT PROGRAM.—The Secretary Mr. BOOZMAN. Mr. President, I ask such information is consistent with section may make grants to States to improve implemen- unanimous consent that the order for 301(a)(2), into fisheries management decisions. tation of State programs consistent with this the quorum call be rescinded.

VerDate Sep 11 2014 02:51 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.008 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7639 The PRESIDING OFFICER. Without conference committee leadership who The PRESIDING OFFICER. The objection, it is so ordered. worked to ensure that the harmful, ar- clerk will call the roll. f bitrary policy changes were excluded The bill clerk proceeded to call the from the final conference report. As a roll. FARM BILL result of these efforts, family farms are Mr. MORAN. Mr. President, I ask Mr. BOOZMAN. Mr. President, I rise protected from additional regulations unanimous consent that the order for today to applaud my colleagues for and unnecessary paperwork. the quorum call be rescinded. coming together in a bipartisan fashion I commend Chairmen ROBERTS and The PRESIDING OFFICER. Without to pass the farm bill conference report. CONWAY, as well as Ranking Members objection, it is so ordered. There is much to be excited about in STABENOW and PETERSON, for their Will the Senator suspend a moment? the final version of this 5-year reau- commitment to make this bill fair and f thorization. First and foremost, the equitable to the diverse needs of pro- CONCLUSION OF MORNING farm bill will bring much needed cer- ducers across all regions of the coun- BUSINESS tainty and predictability to farmers try. and ranchers over the next 5 years. Again, as always, special thanks to The PRESIDING OFFICER. Morning This is especially important given the the staffs who do so much hard work business is closed. intense pressure our agriculture pro- around here to get these things done. It f was a heavy lift. They worked hard to ducers are facing. SAVE OUR SEAS ACT OF 2017 If you look at the numbers across the ensure that we would get this done be- Nation, net farm income is approxi- fore adjourning this Congress. The PRESIDING OFFICER. Under mately half of what it was when we I would also like to thank them for the previous order, the Senate will re- passed the last farm bill. Farm bank- their willingness to include provisions sume consideration of the House mes- ruptcies are up by 39 percent since 2014; that I advocated for in the conference sage to accompany S. 756, which the financing has become more expensive; report. The elimination of all State clerk will report. commodity prices have plummeted; performance bonuses in SNAP is some- The bill clerk read as follows: input costs are rising; and the trade thing I pushed for in the last farm bill. House message to accompany S. 756, a bill outlook is volatile and uncertain, to I am pleased that this time we got it to reauthorize and amend the Marine Debris included. The Federal Government Act to promote international action to re- say the least. duce marine debris, and for other purposes. Farmers across the country—regard- partners with States to administer Pending: less of where they call home or which SNAP, but in order to best serve pro- crops they grow—are hurting. The farm gram recipients, the States must be McConnell motion to concur in the amend- good partners. Unfortunately, States ment of the House to the bill, with McCon- bill that Congress approved last week, nell (for Grassley) amendment No. 4108, to delivers meaningful and real relief for have exaggerated their performance to receive these bonuses. This policy provide for programs to help reduce the risk our farmers and ranchers in these very that prisoners will recidivate upon release difficult times. It is the big bill for my change saves $48 million per year. Is a from prison. home State of Arkansas as well as smart reform that we have made in Division I of McConnell (for Kennedy/Cot- across the country. this bill. ton) amendment No. 4109 (to amendment No. Agriculture is a driving force of the I was particularly proud that another 4108), to require the Director of the Bureau Natural State’s economy, adding provision, championed by my friend of Prisons to notify each victim of the of- Senator HEITKAMP and by me, was in- fense for which the prisoner is imprisoned around $16 billion to our economy cluded. It would allow trade promotion the date on which the prisoner will be re- every year and accounting for approxi- funding for agricultural products to be leased. mately one in every six jobs. That is used in Cuba. This is a big win for our Division II of McConnell (for Kennedy/Cot- why agriculture advocacy groups in Ar- ton) amendment No. 4109 (to amendment No. farmers and ranchers who have consist- kansas were very excited when we 4108), to require the Director of the Bureau ently been working to open up more ac- passed the final version. of Prisons to notify each victim of the of- cess to the Cuban market. fense for which the prisoner is imprisoned The Arkansas Farm Bureau said it Cuba imports approximately 80 per- was ‘‘pleased that Congress has recog- the date on which the prisoner will be recent of its food, and our farmers and leased. nized how important the new farm bill ranchers produce the highest quality, Division III of McConnell (for Kennedy/ is to the hard-working farmers and lowest cost, and safest food in the Cotton) amendment No. 4109 (to amendment ranchers of this country’’ and ex- world. No. 4108), to require the Director of the Bu- pressed gratitude that we came to- Additionally, I welcomed the inclu- reau of Prisons to notify each victim of the gether ‘‘to pass this critical legislation sion of my provision that clarifies the offense for which the prisoner is imprisoned before the new year.’’ the date on which the prisoner will be re- definition of livestock to include live leased. The Agricultural Council of Arkansas fish for purposes of the Department of The PRESIDING OFFICER. The Sen- said it ‘‘cannot stress enough the im- Transportation’s hours of service regu- portance of the farm bill and the need lations, as well as reauthorization of ator from Kansas is recognized. for it among Arkansas farmers.’’ The the ATTRA Program, which does so TRIBUTE TO LYNN JENKINS council went on to add ‘‘a farm bill much to help our veterans who want to Mr. MORAN. Mr. President, I am on with meaningful support is critical in get started in agriculture, and reau- the floor this afternoon to honor a preventing significant harm to Arkan- thorization of the Delta Regional Au- friend, a colleague, and the senior Rep- sas farms.’’ thority. resentative from Kansas, Congress- The Arkansas Rice Federation said The farm bill conference report in- woman LYNN JENKINS, who has grace- the farm bill will provide ‘‘certainty in cludes a true investment in conserva- fully and honorably served Kansas for such a variable agricultural climate.’’ tion to help the waterfowl in Arkansas, two decades in both our State and here Along with strengthening key risk and I was excited to see the Century in the Federal Government. management tools for our farmers, the Farms Act that Senator MURPHY and I While I am going to talk a little bit farm bill also helps our rural commu- authored was also a part of the pack- about LYNN’s history and past, none of nities by authorizing key economic de- age. this should be taken just as something velopment and job creation programs. With approval of the conference re- that is being read in her honor. She is It helps rural Arkansans with every- port last week, we are just one step a very special person who has served thing from combating the opioid crisis, away from the farm bill becoming law. Kansas so well, and she brings such tre- to home financing, to high-speed inter- President Trump has indicated his sup- mendous attributes to public service. net access. port of a farm bill that will ensure cer- We will miss her greatly, and Kansans Sending this bill to the President is tainty and predictability for producers. will have benefited from her service, about as important as it gets for my We are sending one his way, and I look but she will also remain a role model State. It would not have been as bene- forward to it becoming law. for many who look for ways to make ficial to Arkansas farmers and ranch- With that, I suggest the absence of a America and to make our State more ers without the diligent efforts of the quorum. prosperous, with a brighter future.

VerDate Sep 11 2014 03:53 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.010 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7640 CONGRESSIONAL RECORD — SENATE December 17, 2018 Congresswoman JENKINS grew up on a LYNN and I often have shared flights He also serves as chairman of the farm outside of Holton, KS—a small back and forth from Kansas to Wash- House Appropriations Subcommittee town just about 100 miles away from ington, DC. She has, like I have, chosen on Homeland Security, where he has Kansas City, just north of Topeka, to remain at home in Kansas, and we worked to help protect our borders and where she learned the value of hard are often on the same airplane. I could our homeland. work and perseverance. You cannot always count on LYNN to have the con- KEVIN has been a steady leader in his meet somebody who grew up working versation of what was going on in the support for Head Start, understanding on a dairy farm without determining House and for her to explain to me that education uniquely unlocks oppor- that they have those attributes, and what should be going on in the Senate tunity, and he has worked to give un- LYNN has exemplified that in every en- that wasn’t. We were able to take care derprivileged children a path to success deavor. of our constituents’ business by being at an early age—an opportunity they She was taught that what needed to together on that flight to Washington, unlikely would have otherwise. be done was something she would do. DC, and on the flight home. Understanding the complex and out- When you do it, you do it right, and It also goes without saying that dated nature of our country’s immigra- every day you need to step up and do LYNN will be sorely missed as a leader tion laws, KEVIN has championed legis- your job to make certain things get and as a sensible voice in Congress and lation that could garner the support of done. That is a dairy farmer, and that in our Kansas delegation. Her role will both Republicans and Democrats that is LYNN JENKINS as a Member of the be so difficult to fill, but I know she is would end per-country caps on employ- U.S. Congress. excited about spending more time with ment-based green cards, clearing the Before becoming a Member of Con- her kids, Haley and Hayden, in that backlog of Indian and Chinese immi- gress and before being elected in Kan- place we so proudly call home, the grant green card applications, some of sas, LYNN was a CPA—a certified public State of Kansas. which have been, unfortunately, sitting accountant. She recognized a real need LYNN, I thank you for your many around untouched on a wait list for for financial reform as a result of that years of service and, on behalf of all decades. experience, and she used her skills as a Kansans, I want you to know we appre- KEVIN also grew up in a small town in CPA to benefit Kansas. ciate, respect, and admire you. Kansas and was a farm kid, and he also In 2003, LYNN was elected the 37th LYNN, thank you for your friendship, learned the value of hard work and the Kansas State treasurer. LYNN then advice, and your realness. I wish you issue of being responsible for the con- took that same tax and financial expe- the best of luck and countless M&Ms in sequences of what you do. KEVIN will be rience to Washington, DC, where she your retirement from Congress, and in greatly missed in our Kansas delega- was elected the Congresswoman from everything that comes next, may you tion and here in Washington, DC, and the Second District of our State. have success and may you have joy. his shoes will be hard to fill. After her election to the U.S. House Please know you will be missed, and we KEVIN, I hope you are able to spend of Representatives, LYNN quickly rose look forward to spending time together some well-deserved time with Brook to become one of the highest ranking as you tell me, still, what I should be and your girls. I will miss our flights Members of Congress, serving today as doing in the U.S. Senate. back and forth between Kansas in the vice chair of the House Republican TRIBUTE TO KEVIN YODER caucus; she served in that capacity for which you were showing me photos on Madam President, I want to speak almost every trip of your children. I 4 years. She is a senior member of the this afternoon about another retire- House Ways and Means Committee. wish the very best for KEVIN, for ment from Kansas, Congressman KEVIN Brook, his wife, and his daughters as It goes without saying that in addi- YODER, who has served the Third Con- tion to her background as a CPA, her they enter this new chapter. gressional District of Kansas for four I also pay special tribute to Brook intellect, and her service-oriented terms. He is a solid colleague and a mindset, LYNN is one of the most be- Yoder for her work side-by-side with good friend. her husband. They, together as a team, loved Kansans we have. We meet with I met KEVIN when he was an intern in made a tremendous difference in Kan- many of the same groups here in Kan- our office when I was a Member of the sas and in Washington, DC. sas and in Washington, DC, and I know House of Representatives. I remember So on behalf of all Kansans, KEVIN, I that visiting with LYNN is, without a his tenacity, his spirit, and his passion say thank you for your dedicated serv- doubt, one of the highlights for Kan- for serving Kansans, which he contin- ice to our State. Godspeed. sans who come to Washington, DC. ued to feel long after he was an intern The PRESIDING OFFICER (Mrs. LYNN also understands that while it in the Moran world. ERNST). The majority whip. may seem that this environment is a KEVIN went on to serve his fellow stu- loud and boisterous one and that mak- dents as student body president at the CRIMINAL JUSTICE REFORM ing your appearances on national TV is University of Kansas. He earned a law Mr. CORNYN. Madam President, at an effective way of serving as a Mem- degree from the University of Kansas 5:30, we will be voting on the first pro- ber of Congress, she knows you can School of Law. He then served the cedural step to take up criminal jus- really serve your country, and espe- Overland Park community in the State tice reform legislation that started cially Kansas, by rolling up your House of Representatives, and he be- back in 2013 when I introduced a bill we sleeves and just getting to work. It has came chairman of the House Appro- called Federal prison reform. This leg- been a privilege to witness this first- priations Committee. islation is based on prison reform, but hand and to work on a number of issues As a Member of the U.S. House of it has taken on some additional at- with LYNN over the years. Together we Representatives, KEVIN also served as a tributes relative to how we sentence jointly introduced the fair tax legisla- member of the Appropriations Com- and how judges sentence people con- tion, we worked together to protect mittee, and there he was, and has been, victed of various crimes. rural healthcare in Kansas, we made a steward of Kansas taxpayers’ hard- Let me explain a little bit about why certain our veterans received the bene- earned dollars. this should be a priority for the Senate fits they deserve, and we are both As a member of the Appropriations and for the Congress and for the coun- chairs of our respective Hunger Cau- Committee, KEVIN has made bio- try. We know the cycle of crime is all cuses. We are both lucky to have Bob medical funding a top priority. I have too common. People commit crimes. Dole as a mentor, and we have made it enjoyed working with him as we advo- They serve time in prison. They get a priority to carry on his legacy to end cated for the National Institutes of out of prison. They commit another hunger in America and around the Health and for the University of Kan- crime. They serve time again in prison. globe. sas Cancer Center, which was des- They are released. LYNN was also a champion of the ignated as a National Cancer Institute A few years ago, this is what one Mental Health First Aid Act, modern- in 2012. KEVIN served as a real leader in young man in Houston said when he izing section 529 college savings plans, Congress in advocating for that des- was talking about his own experience: and was an integral part of passing ignation, and it is a point of pride for He called himself a ‘‘frequent flyer’’— major tax legislation for the first time our State and the hope of many in our somebody caught in that revolving in 30 years. region. door of prison and crime.

VerDate Sep 11 2014 03:53 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.011 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7641 In Texas, in 2007, or thereabouts, we back in jail, and ultimately back in In addition, mandatory prerelease had some farsighted visionary leaders, prison. So rather than letting these programs were expanded to reduce the actually, who decided instead of just small infractions pile up, eventually backlog of inmates waiting to com- being tough on crime, which Texas has sending the person back to prison, each plete these requirements. In other always had a reputation for, we needed misstep was dealt with swiftly and words, there were a lot more people to be smart on crime too. A little more surely. who wanted to go through these pro- than a decade ago, Texas prisons were In 2005, $55 million was appropriated grams because they recognized the ben- bursting at the seams. We had more to Texas probation departments to efit to themselves and their families, people incarcerated in Texas prisons make improvements in how we super- but they just simply couldn’t get into than any State in the Nation, and trag- vise people who had once been in pris- the programs because there weren’t ically we also had high recidivism on, with most of the funds going to- enough slots. rates. So it was obvious we were doing ward reducing caseloads. In other For example, the expansion of a drug something wrong, and we needed to up words, parole officers, probation offi- treatment plan brought down wait our game. cers, if they have to handle so many time from 1 year to 4 months. If you The Legislative Budget Board in our cases, they can’t give them the indi- are somebody with a drug problem, and State estimated that in the next 5 vidual attention they need and that you are told: ‘‘We don’t have room for years, Texas would need as many as the formerly incarcerated individual you. Come back in a year,’’ that can 17,000 new prison beds to house the will benefit from. That brought the be, obviously, discouraging and not re- growing inmate population. So two op- number of cases down from nearly 150 sult in getting them the help they tions became clear: build more costly in some areas to 110 probationers per need. prisons with the same tragic results or officer. This allowed for closer super- Moving the wait time for drug treat- fix the system, and we chose the latter. vision and constant application of ment down from 1 year to 4 months I would say, some of our colleagues sanctions when called for. moved two-thirds of the waitlist into and some of the critics of the under- The results were pretty dramatic. In treatment, after which they were relying bill say: Well, the best way to 2005, our State was paroling 21,000 pris- leased, only to see a more hopeful and keep communities safe is to keep oners, 11,000 of whom returned to pris- better outcome. criminals in prison. There are some on after committing other crimes. So In Texas, the model worked. Not only people, sadly, who will never take ad- that means a little more than 50 per- did we avoid building new prisons, we vantage of the opportunity to trans- cent were eventually going back to have actually closed eight prisons in form their lives through faith-based prison. A decade later, putting in place Texas. Again, this sounds a little programs, deal with their drug and al- these reforms, the State paroled 28,000 shocking if you are from other parts of the country where you hear about our cohol addiction, learn a skill, get a prisoners, and about 4,500 came back— tough-on-crime reputation, but because GED; in other words, there are some or only 16 percent. So we went from of these reforms, we were actually able people, unfortunately, we can’t save, about half of the people in prison being to close eight prisons because they but there are others who understand paroled without much supervision and were no longer needed. We quickly saw they have made a mistake and paid much help to only 16 percent because of a reduction in both incarceration and their debt to society and want to turn these reforms. crime rates by double digits at the their lives around. Those are the type These reforms, as I said at the out- same time. set, may not look so obvious—and it of people this criminal justice reform To me, this is the essence of criminal bill speaks to. seems so intuitive that it seems clear justice reform. There are some who In the beginning in my State, the de- to us today—but at the time, it was say: We need to do criminal justice re- cision was largely driven by cost. The pretty groundbreaking. form because, well, we simply imprison estimated pricetag to build new prisons As we all know, for many politicians, too many people. There are others who exceeded $2 billion. You can imagine one of their biggest fears when it say: Well, we imprison people for of- what that does to a State’s budget, but comes to their next election is being fenses that are disproportionate to instead of leaving taxpayers with the accused of being soft on crime, but, what they have done. To me, the es- bill and just moving on, a visionary again, this is not about being tough on sence of criminal justice reform is re- group of State legislators decided to crime or soft on crime, this is about ducing the crime rate—in other words, dive further into the problem to try to being smart on crime and getting the increasing and improving public safety. understand it better and propose cost- best results. Other States took notice of what was effective ways to fix it. These fixes The decline in revocations led to the happening and started to do the same. came in a number of forms which, look- savings of $119 million for Texas tax- Georgia, Rhode Island, and North Caro- ing back on it now, seem pretty obvi- payers—more than double the initial lina quickly followed suit, and we have ous, pretty intuitive but, at the time, investment in these programs. seen several other States across the really was revolutionary. Second were improvements to prison United States adopt similar reforms. First were improvements in our pa- alternatives for low-level, nonviolent When I say we saw a reduction in role system, which means that once offenders. Judges and prosecutors and both incarceration and crime rates, let people got out of prison, people were corrections officials were frustrated by me give a couple of numbers. then supervised while out of prison to the number of these individuals who From 2005 to 2016, Texas’s FBI index make sure they met the conditions of kept ending up right back where they crime plummeted by more than 34 per- their parole. They didn’t get involved started, with no real change in their cent. In the same period, the incarcer- with the same bad company that trajectory and certainly no more hope ation rate dropped 23 percent. Those helped them get in trouble in the first for their future. So the State started to are pretty shocking and surprising place, and they didn’t start using drugs provide funding to increase access to numbers. The crime rate went down 34 again, and they kept fully employed. things like substance abuse treatment, percent, and the incarcerate rate So this parole supervision targeted 10 drug courts, and mental illness treat- dropped 23 percent. You would think percent fewer revocations and grad- ment. the opposite would be true—that with uated sanctions for small rules viola- Again, the reason why people end up incarceration rates going down, the tions such as missed meetings. That is in prison often has very little to do crime rate would go up—but because of particularly important because one of with their desire to live a life of crime; these visionary programs and reforms, the first indications that somebody many of them feed their addiction by they simply worked in tandem to both who is on parole is in trouble is when theft and other crimes. People who are reduce the incarceration rate and im- they don’t show up for their meeting mentally ill who go to jail or prison, prove public safety at the same time. with their parole officer. In the past, without a diagnosis in treatment, don’t It is clear now, based on experience, that was just pretty much blown off get any better, and when they get let that these reforms and outcomes are until those missed meetings began to out of jail and prison, they just go back real. I have been working with my col- accumulate, and then, ultimately, that deteriorating until they become a dan- leagues in the Senate Judiciary Com- individual found themselves arrested, ger to themselves and others. mittee since 2013 to try to bring these

VerDate Sep 11 2014 02:51 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.013 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7642 CONGRESSIONAL RECORD — SENATE December 17, 2018 reforms now to the national level. The Association, the Fraternal Order of Po- various programs. But you can imagine FIRST STEP Act is our opportunity to lice, and the Council of State Govern- how important this is to the safety of do just that this week in the Senate. ments. I appreciate the dedication and the jailers, wardens, and public law en- Thanks to the primary sponsors of hard work of our colleagues who forcement officials in the prisons be- the FIRST STEP Act—the Senator worked on this to get the bill to where cause it gives inmates hope that if they from Illinois, who has joined us here in it is today. lead exemplary lives while in prison, the Chamber, the chairman of the Judi- Before tonight’s cloture vote, I want they have greater hope of earning good ciary Committee, Senator GRASSLEY, to correct some misconceptions float- time credit and getting out earlier. MIKE LEE, PAT LEAHY, and others who ing around about what this bill will All this does is clarifies Congress’s have worked on this bill. SHELDON and will not do. original intent that 54 days of good WHITEHOUSE and I worked primarily on There are some who, for example, say time credit be available rather than the prison reform bill. that this legislation will put violent the 47 days that the Bureau of Prisons The current bill has undergone some criminals and sex offenders back on the had interpreted under previous law major improvements over the last few streets, which is completely false. Let that was more ambiguous. So that is weeks, which I am very proud of. The me say that again because I think it not a change to what Congress in- previous version of this legislation had bears repeating. This bill will not allow tended but merely a clarification of a number of very positive attributes. In dangerous, violent criminals to be re- preexisting congressional intent. fact, more than three-quarters of the leased early. That is pure fiction. In addition, some of the bill’s detrac- bill was based on the CORRECTIONS Not everyone is eligible to earn the tors are claiming it will allow gang Act that Senator WHITEHOUSE and I in- credits that lead to early release based members and high-risk inmates to be troduced in 2014, which is the prison re- on their participation in these pro- transferred to lower security prisons in form component of the legislation. But grams which I talked about a moment order to be closer to their homes. This, the remainder—the sentencing ele- ago. This bill specifically lists 48 of- too, is false. Gang members and high- ments in the bill—was more controver- fenses that disqualify offenders from risk inmates will not be transferred to sial, and many of my concerns were earning time credits, including crimes lower security prisons under this bill. shared by members of the law enforce- such as murder, specified assault, While the bill does call for inmates to ment community. carjacking that results in injury or be transferred to a prison within 500 As I was gauging where Members death, and unlawful possession or use miles of their release residence, that stood on the bill, it was clear that of a firearm by violent criminals and only applies if there are no security many could not support the old version drug traffickers. concerns and is subject to availability Simply put, we use the most modern of the bill and needed the primary of beds and other conditions. sponsors of the bill—whom I mentioned social science evaluation tools to find For example, a member of the dan- a moment ago—to work with them to out who is at low risk of reoffending. gerous MS–13 gang is held in maximum They are the ones who get the benefit try to make it more acceptable to law security over 500 miles from their re- of these programs because we think enforcement, which was going to send a lease residence. There happens to be a these are the ones who are most likely signal to many other Senators about minimum-security prison within 500 to have a good outcome and not end up whether they should get behind the miles of their release residence. They back in prison. We have disqualified bill. would not be transferred. We simply violent offenders, including anybody We have all learned how to get things don’t transfer violent criminals to me- who either used or displayed or hap- done here in the Senate, and that is dium-security prisons because they pened to be carrying a firearm during not to just point out the problems with happen to be within 500 miles of their the course of committing their offense. legislation but to listen and work to- Those who have not committed one residence. There has been a lot of mythology, gether to find solutions, and that is ex- of those crimes aren’t automatically misunderstanding, and misrepresenta- actly what we did. We spent a lot of eligible. In fact, nobody is automati- tion of what is in the bill. The goal of time talking to national law enforce- cally eligible for the benefits of this this bill is not to release broad swaths ment organizations and those in Texas. program. As I said, they have to be I know we all value the input of our evaluated to be at minimum or low re- of criminals—in fact, it is just the op- sheriffs, police chiefs, and other law cidivism risk. That decision isn’t made posite. This legislation allows prisons enforcement professionals, and we tried by Congress; it is made by the experi- to help criminals transform their lives, to work with them to figure out how enced law enforcement professionals if they are willing to take the steps we could make this bill stronger. I lis- and wardens in the Federal Bureau of and responsibility to do so, so that we tened to feedback from our Nation’s Prisons who work with these men and are not perpetuating the cycle of crime police officers and sheriffs, and we all women every day. that continues to plague communities got to work. We had meetings, we ne- It is important that we look at peo- across the country and to drain tax- gotiated, and we compromised with ple who are at low risk of recidivism payer dollars in the process and dam- colleagues on both sides of the aisle, as and low risk to public safety in the age public safety. well as friends across the Capitol in the community because what we can do is I thank all of our colleagues who House. use the resources not to keep people have worked so hard on this legisla- We also worked with the White like that behind bars unnecessarily but tion. I think one of the most important House, whom we have all stayed in con- to focus on the truly violent criminals attributes of a legislator—certainly of stant contact with on this issue since who are not likely to be rehabilitated a Senator—is to listen to our constitu- the Trump administration took office because, frankly, they don’t want to be ents, listen to the feedback from our nearly 2 years ago. Jared Kushner, the rehabilitated. Focusing on the most Members, and help build a better bill President’s son-in-law, has been relent- dangerous criminals and keeping them that will garner significantly more less in his pursuit of getting this crimi- behind bars, while providing relief to support than it otherwise would have nal justice reform bill done, and I know those who earned that time credit, just had. I am confident that the Senate each of us who has been involved in makes common sense. will pass this bill, and we can soon send this legislation has talked to him al- Some people are falsely claiming it to the President’s desk for his signa- most on a daily basis, sometimes many that the FIRST STEP Act will retro- ture. times in a given day. actively release illegal immigrants and Madam President, I yield the floor. This bill is the product of those nego- top-level drug traffickers by increasing RECOGNITION OF THE MINORITY LEADER tiations and those changes, and I am the good time credit by 7 days a year. The PRESIDING OFFICER. The not the only one who is happy with the Again, that is simply not true. All the Democratic leader is recognized. result. Since these improvements have bill does is clarify Congress’s original GOVERNMENT SHUTDOWN been made, the bill has been endorsed intent when it comes to good time Mr. SCHUMER. Madam President, on by a number of important groups, in- credit. another subject, we are 5 days away cluding the National Association of Good time credit is different from the from a lapse in appropriations, and Counties, the Texas Municipal Police earned credit for participating in these President Trump still doesn’t have a

VerDate Sep 11 2014 02:51 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.014 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7643 plan to keep the government open. In to do. It is shocking that Republicans tion drugs, and essential health bene- fact, the only indication he has given is haven’t engaged yet in this process, fits would be gone. that he wants a government shutdown. considering they control the Presi- These are not just trivial things. At the moment, the situation should dency, the House, and the Senate. They include guaranteed access to ma- be clear to everyone: President Trump What a symbol, what evidence of dis- ternity care, free preventive cancer does not have the votes for his wall. He array. screenings, treatment for opioid addic- certainly doesn’t have the votes in the Once again, I remind my Republican tion—crucial things that Americans Senate, and it doesn’t seem he has the colleagues that going along with a need that allow them to go away. votes even in the House, where he Trump shutdown is a futile act. When You can see the extent of the disaster needs only Republican votes. Democrats take control of the House if this court case prevails. Hundreds of Tellingly, the House is on recess on January 3, they will pass one of our millions of Americans would be hurt. until Wednesday night—just 2 days be- two options to fund the government, Our healthcare system would be fore the Trump shutdown would start. and then leader MCCONNELL and Senate thrown into chaos, including for fami- It is because the House leadership has Republicans will be left holding the lies who get health insurance from no idea what to do, where the votes bag for a Trump shutdown. The onus their employer. are, or where the people are. Many of for reopening the government will wind We Democrats believe the ruling is them don’t want to come back. Every- up on their lap. That is not what they based on such faulty premises that it one knows the situation. Even with a should want. I don’t think they do will not be upheld by a higher court Republican Congress, no threat or tem- want it. They are just so fearful of de- once it is appealed, but given the po- per tantrum will get the President his parting from President Trump. I re- tential consequences of their ruling, we wall. mind them, when the President wasn’t cannot twiddle our thumbs and hope On the other hand, Democrats are all mixing in, we did two good budget sea- for the right result. together. We have given a proposal to sons. We did two good appropriations The court, I would remind my col- President Trump. We have given two bills, which got large majorities of leagues, based a good portion of its de- alternatives to President Trump that Democrats and Republicans in the cision on what Congress intended. We could easily pass both the House and House and Senate. You can’t let the can clear that up in a minute—in a the Senate. We could pass the six bi- President interfere, particularly when minute. My friend, Senator MANCHIN, partisan appropriations bills and a 1- he does it in a pound-table, tantrum- has a resolution which every Democrat year CR on homeland security, or we like way, without any plan or knowl- in this body has signed onto, to peti- could pass a 1-year CR for all of the re- edge of how to get things done. tion the Senate legal counsel to inter- vene in the lawsuit and defend the Af- maining Agencies. President Trump If President Trump decides to shut fordable Care Act on behalf of the Sen- should support one of these options and down the government, there is no ate because the Trump administration spare innocent, hard-working Ameri- endgame in which President Trump refuses to defend the law and is in cans the pain of an unnecessary Trump gets the wall. There is no endgame for Republicans in which they can avoid favor of it being overturned. shutdown. His temper tantrum will get President Trump was almost gleeful their share of responsibility—over- him a shutdown but will not get him a when this court case came out. Is he whelming share—for a shutdown. The wall. It is futile. going to be gleeful to those parents Unfortunately, since our meeting time to solve this problem is now. with cancer, to that college graduate last Tuesday, Leader PELOSI and I have HEALTHCARE who needs healthcare, to a family who still not heard from the White House Madam President, on healthcare, on has a father on opioids and needs help? whether they will accept either of Friday, in response to a suit brought Is he going to be gleeful if they don’t these two options, nor have we even by Republican attorneys general, a dis- get it? I don’t get him sometimes, heard from our Republican colleagues trict court judge in Texas issued a bi- much of the time. in the Senate or House about what zarre and dreadful ruling that the Af- I hope our Republican colleagues will they might support to avoid a shut- fordable Care Act was unconstitutional join us in this petition because if a ma- down—not a peep. They are nowhere to because of changes to the law made by jority of the House and a majority of be found. congressional Republicans. If the rul- the Senate tell the appeals courts our A reporter told me that Republicans ing is ultimately upheld, the con- intention was not to overthrow said: What is the Democrats’ plan? We sequences would be disastrous for the healthcare, it will have a great deal of gave them two. The real question is, American people. It would jeopardize weight. Some say: Well, let’s do legis- What is the Republicans’ plan? They health insurance for more than 20 mil- lation. We have all been through that don’t have one. They don’t know what lion Americans who gained insurance before, with both Democrats and Re- to do. In the scuttlebutt, where we talk on the exchanges or through expanded publicans in charge, a very hard, long to one another, Senate Republican Medicaid. It would end protections for time—it takes a long time to get leadership has no idea what President the 133 million Americans living with healthcare. Trump wants. Neither does House Re- preexisting conditions. Can you imag- By the way, the President and a lot publican leadership. And they don’t ine a mom and dad who have a daugh- of my Republican friends want to cut have the courage, the strength, in my ter or a son with cancer, and we now back on healthcare. That is their goal. judgment, or the wisdom to tell the allow the insurance companies to cut They will never come to agreement President he is wrong on this, and let’s them off by not giving them new insur- with us—Democrats in the Senate or move forward. That amazes me more in ance as they watch their child suffer? the House, which will be democrat- the House than anywhere else. House That is not America. That is not the ically controlled in a few weeks—if Republicans lost 40 seats by just situation now because of what we all they stick with that. clinging to President Trump even when did in 2009 with the ACA. Are our Re- Legislation is not the best and first they knew he was wrong. publican colleagues going to let that way to go; court intervention is. We Are they continuing this pattern of happen? will be watching. The American people behavior, and are our Senate col- Americans under the age of 26 could will be watching, particularly so many leagues going to do the same? It makes no longer stay on their parents’ health of my colleagues who said: I am for no sense. My friends on the other side insurance. That has been a sigh of re- preexisting conditions. of the aisle know the President’s wall lief a breath of fresh air for millions We are going to let them know this is wrong, ineffective, and it cannot who get out of college and want to get idea of ‘‘let’s do legislation’’ will not pass. The President’s daily Twitter a job but can’t take the job they want work. Where are they on the petition? outbursts can’t alter reality. because there is not adequate health That will determine whether they are My Republican friends need to step insurance. hypocrites, saying they want to pro- up and convince the President to pick It would reopen the prescription drug tect preexisting conditions but not one of the two sensible offers we have doughnut hole in Medicare. That would doing the best thing for it or whether made. Right now, nobody seems to mean that seniors on Medicare—tens of they really care about the people who know what Republicans want or plan millions—would pay more for prescrip- will lose health insurance.

VerDate Sep 11 2014 04:11 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.015 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7644 CONGRESSIONAL RECORD — SENATE December 17, 2018 The American people spoke loudly diately. A few years ago when I was de- they could not only reduce the prison and clearly in the midterms: They ciding whether to run for reelection population but reduce the incidence of want their healthcare protections, and myself, I thought one of my goals crime at the same time. That is what they don’t want Republicans to take would be to increase the Federal in- we are setting out to do at the Federal them away. I believe Republicans will vestment in medical research. That is level as well. have no choice but eventually to join right in the wheelhouse of the com- Senator CORNYN’s prison reform us. To not do so would be to jeopardize mittee jurisdiction of LAMAR ALEX- measure, which he introduced with healthcare for hundreds of millions of ANDER. I went to him and his counter- Senator SHELDON WHITEHOUSE of Rhode Americans and risk a complete disaster part on the Democratic side, Senator Island, has been a central part of our for Republicans in future elections. PATTY MURRAY of Washington, and ROY conversation on criminal justice re- TRIBUTE TO LAMAR ALEXANDER BLUNT of Missouri, and we put together form. Madam President, on LAMAR ALEX- an informal team pushing for increases I had another part of criminal justice ANDER, my dear friend, we received sad in medical research. We have had reform that I have been working on for news today—sad for us, happy for amazing success. It has been bipar- a long time. Three decades ago, Con- him—that our friend, the senior Sen- tisan, and it has been an enthusiastic gress responded to our Nation’s drug ator from Tennessee will not be run- effort all around. We couldn’t have epidemic by creating the harshest man- ning for reelection in 2020. There will done it without LAMAR’s wholehearted datory minimum sentences in our his- be time to reflect on his life and career participation. He was committed to tory. Consider what happened next as at a later date, but upon hearing the medical research, and as a result, we we made the penalties for drug use and news this afternoon, as I was taking have had more than a 5-percent in- sales higher than ever in our history. the Amtrak down from New York, I crease each year for the last 4 years in What happened next was the use of ille- felt a pang of sadness. LAMAR and I the budget and appropriations for the gal drugs in the United States of Amer- have been dear friends, and we worked National Institutes of Health. That is ica actually increased, just the oppo- so hard on many things together. going to end up creating more opportu- site of what we were trying to achieve. I want to say a few words now. When nities to spare people suffering and to The availability of heroin, cocaine, and Senator ALEXANDER eventually does cure disease and to save lives than we methamphetamine increased, despite leave this body, the Senate will lose an can possibly imagine. That is the kind harsh criminal penalties. Crime rates incredibly capable legislator and of thing people expect of us, don’t they, for Federal drug offenders did not go statesman. He cares so much about leg- in the Senate? down. In other words, longer prison islating. He reminded me, when I The Democrats and Republicans will terms did not deter drug use or drug talked to him this afternoon, that he find a common goal and work together crime, but they did lead to an explo- will still be around for 2 years and to achieve it. LAMAR ALEXANDER was sion in our Federal prisons. wants to work together to get things part of that successful effort. I am Since 1980, the Federal prison popu- done—an ‘‘Alexanderian’’ statement, if going to hold him to it for the next 2 lation has grown by over 700 percent. there ever was one. years, as I am sure he will hold me to Federal prison spending has increased Senator ALEXANDER has been in the the same goal. I look forward to work- by nearly 600 percent in that period of midst of so many things for his 16 ing with him but certainly with some time. Today, the United States of years in the Senate, and that is not be- pain in my heart, as the Democratic America holds more prisoners, by far, cause he is some ideologue who stood leader said, with the knowledge his ca- in prison than any country in the all alone in his own corner and made a reer is coming to an end. He has been world. America has 5 percent of the lot of speeches and didn’t get things an extraordinary public servant as a world’s population, 25 percent of the done. No. Senator ALEXANDER seeks Governor, as a Presidential candidate, world’s prisoners—more than Russia or compromise almost reflexively, and he as a Cabinet member, and as a Member China. Our overcrowded Federal pris- gets things done—the recent higher of the U.S. Senate. I am sorry for his ons consume one-quarter of the Justice education bill and legislation dealing decision, but I certainly understand Department’s discretionary budget. with opioids, which he was so pas- why he would make that on a personal This undermines other important pri- sionate about, and he talked to me and family basis. orities, like preventing crime in our about it every day for about a month. FIRST STEP ACT neighborhoods and treating drug addic- He gets things done because of his pas- Madam President, I wish to say a few tion. sion, his intelligence as a legislator, words about the legislation currently The largest increase in the Federal and his persistence. pending before the U.S. Senate. Every prison population is for nonviolent Both sides of the aisle respect and once in a while—it doesn’t happen very drug offenders. This is largely because trust LAMAR. I do. We have worked to- often—the stars line up and the Demo- of the inflexible mandatory minimum gether so many times in my years here, crats and Republicans and the conserv- sentences. These mandatory penalties and hopefully, as he said on the phone, atives and the progressives and the don’t allow judges to distinguish be- there will be a few more opportunities President and the Congress agree on tween drug kingpins, who should be our in the next 2 years, his last 2 years in something. I am not talking about focus when it comes to criminal pen- the Senate, to work together success- Flag Day or apple pie or whether Las- alties, and lower level offenders. That fully, hopefully, and God willing again. sie was a collie dog. It really comes isn’t fair. It isn’t smart. It isn’t an ef- Even though he is not here at the down, occasionally, to something that fective way to keep us safe. moment, I salute my friend from Ten- is meaningful. We are in the midst now We also have to consider the racially nessee and look forward to seeing him of a debate on the floor of the Senate, disparate impact of these laws. Listen, in the gym tomorrow morning—we al- which will culminate probably tomor- the majority of illegal drug users and ways see each other in the gym—where row in some historic votes on the dealers in America are White, but I can convey these sentiments person- whole question of criminal justice re- three-quarters of the people serving ally. form. time in prison for drug offenses are Af- I yield the floor. How important is this issue? It is so rican American or Latino. The major- The PRESIDING OFFICER. The important that we rarely take it up ity of the users and dealers are White, Democratic whip. more than once a decade; that we sit and three-fourths of those who go to Mr. DURBIN. Let me start by joining down and look at criminal justice prison for drug crimes are African my colleague, the Democratic leader, standards and laws in America and de- American and Latino, and the large in his words about LAMAR ALEXANDER— cide whether we can make them better majority of those subject to Federal a great Senator and a personal friend, and more effective. mandatory minimum penalties fall someone I am sorry is going to bring Just a few minutes ago, my colleague into that same group of African Ameri- his Senate career to an end in 2 years from Texas, Senator CORNYN, a con- cans and Latinos. because he has done so many good servative Republican, came to the floor As a result of mandatory minimums, things. I could spell out many of those and explained how the State of Texas the families of nonviolent offenders are things, but one comes to mind imme- engaged in prison reform and found out separated for years on end. Most of

VerDate Sep 11 2014 04:11 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.016 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7645 these families are people of color. This of negotiating for us to finally reach an he was stepping into a jail cell for the has a destructive impact on their com- agreement that CHUCK GRASSLEY and first time in his life, and he was bound munities and erodes faith among them MIKE LEE and I all signed on to for sen- to stay there for the rest of his life. in our criminal justice system. tencing reform. I ended up being contacted by his Most Senators don’t come to the We were joined by Senator CORY public defender. She has this wonderful floor and say what I am about to say, BOOKER in the last year or two, a Dem- name. She is from Chicago. Her name but let me tell you the worst vote I ocrat from New Jersey. After more is MiAngel Cody. MiAngel Cody con- ever cast. I was a Member of the House than a year of negotiations, we intro- tacted me and told me Alton Mills’ of Representatives, and it was about 25 duced the Sentencing Reform and Cor- story—how this kid growing up in Chi- or 26 years ago when I voted for a law rections Act, legislation approved by cago, a decent kid in high school, made that established what became known the Judiciary Committee by a vote of a bad turn, got mixed up with a drug as the crack powder sentencing dis- 16 to 5 earlier this year. gang, was a sales runner on the street, parity. That jumble of words means Around the same time, the House of which is just the lowest possible level, that under this law, it took 100 times Representatives passed bipartisan leg- and on a third offense got a life sen- more powder cocaine than crack co- islation to reform the Federal prison tence to spend the rest of his life in caine to trigger the same minimum system. This bill was supported—listen prison. sentence—100 times. This came to be to this—by President Donald Trump, I asked President Obama to take a known as the 100-to-1 crack-to-powder cosponsored by Republican Congress- look at this and consider commutation. disparity. Under this law 80 percent of man DOUG COLLINS, Democratic Con- In December of 2015, after serving 22 the people sentenced for crack cocaine gressman HAKEEM JEFFRIES of New years in prison, Alton Mills came home offenses were African American. York, and Republican House Judiciary to Chicago. In 2010 I worked with an unlikely Committee chairman BOB GOODLATTE What has he done since then? He has ally, then-Senator Jeff Sessions from of Virginia. become a mechanic at the Chicago Alabama. He was a Republican Senator I didn’t like the original version of Transit Authority. He got married. He and a member of the Judiciary Com- this bill because I thought we could do is contributing to society. He has a mittee, and he felt strongly about this better and we should add criminal sen- granddaughter. He is working as a issue. tencing to prison reform. community college student pursuing I said to him: Senator Sessions, 100 Then we did something that is rare. an associate’s degree. If he hadn’t re- to 1 isn’t fair—that for a tiny handful We sat down, Democrats and Repub- ceived a pardon, Alton Mills was des- of crack and a handful of powder co- licans, and worked it out. We believed tined to die in prison because of the caine, the handful of crack would get that we could come up with a common Federal sentencing laws that we are 100 times the sentence as the cocaine bipartisan bill by combining the two. setting out to change. doesn’t make any sense. The result is the most extraordinary The FIRST STEP Act would elimi- We debated back and forth. I thought political coalition I have ever wit- nate this mandatory life sentence for it should be one to one in the sen- nessed in the time I have been in Wash- nonviolent drug offenders like Alton tencing. He didn’t agree, but the day fi- ington. The so-called FIRST STEP Mills, and the bill would also give a nally came when we had to make a de- Act—the revised FIRST STEP Act—is chance to thousands of people still cision. We actually bargained in the a bipartisan sentencing and prison reserving sentences for nonviolent of- Senate gym. I know the Democratic form bill that is sponsored by 34 Sen- fenses involving crack cocaine under leader referred to that gym earlier. We ators—17 Republicans and 17 Demo- the 100-to-1 standard I mentioned ear- get a lot of business done there. We crats. It is supported by President lier. were bargaining in the gym on the day Trump and a broad spectrum of stake- I am going to have more to say about of the committee markup—back and holders. the pending amendments, which will be forth and back and forth. Finally, the Listen to who is supporting this bill brought up tomorrow. The Senator two of us agreed that it would go from on criminal sentencing reform and from Arkansas is going to offer three 100 to 1 to 18 to 1. I can’t tell you why prison reform: the Fraternal Order of amendments that I consider to be poi- 18, but it was a compromise. It dra- Police. That is a good starting point. It son pills. matically reduced the disparity in sen- is the largest police group in America. After 6 years of hard work putting tencing between crack cocaine and There is the National District Attor- these bills together—Democrats and powder cocaine. neys Association, the largest group of Republicans, police, prosecutors, the That Fair Sentencing Act passed the prosecutors in America. So we have the ACLU, and President Trump and Sen- Senate Judiciary Committee, the Sen- police and the prosecutors, and we also ator DURBIN together on a bill—now ate, the House Judiciary Committee, have the American Civil Liberties comes the Senator from Arkansas, who and the House, and it was signed into Union. Go figure that a bill we put to- has introduced three amendments law in a very private ceremony by gether could bring these folks together which I think are very destructive to President Obama, which Senator Ses- in common purpose to pass it. this bill. I am going to oppose all three sions and I attended. Our bill would reduce Federal manda- of them, and I hope he will think twice For the last 5 years, I have been tory minimum sentences in a targeted about them. working on the next step—a bipartisan way. We don’t repeal any mandatory We have an opportunity to do some- coalition of Republican and Demo- minimum sentences, and we don’t thing significant, historic, and bipar- cratic Senators to take the next step lower any maximum sentences. We tisan here for the good of this Nation. on reforming our Federal drug sen- would simply allow Federal judges to We could end up reducing the crime tencing laws. Five years ago I joined up determine in certain low-level cases, rate in our country and do it in a with another unlikely ally—MIKE LEE, on a case-by-case basis, when the smarter way with sentencing and pris- a very, very conservative Republican harshest penalties should apply. on reform. The amendments that he from Utah—to introduce a bill called The bill also puts in place a recidi- will propose tomorrow—the Senator the Smarter Sentencing Act. We had a vism reduction program and prison re- from Arkansas—have been opposed by problem. There was a Republican Sen- form that will facilitate the successful groups across the board—left and right, ator who didn’t like the bill at all. His rehabilitation and reentry of prisoners, conservative, progressive, Republican, name? CHUCK GRASSLEY, from Iowa, a which Senator CORNYN addressed just a and Democrat. They all oppose his conservative Republican. Coinciden- few minutes earlier. amendments. tally, he is chairman of the Senate Ju- Let me tell you a story about this I am not going to get into a specific diciary Committee. man here. His name is Alton Mills. In discussion about them until later, but I After a while, I said to Senator LEE: the year 1994, at the age of 24, Alton wanted to let the Senator from Arkan- We are going nowhere without Grass- Mills was given a mandatory life sen- sas know that we are hopeful that he ley. We have to get him on board if we tence without parole for a low-level will take a more constructive ap- are going to change the law. nonviolent drug offense. proach. If he goes with the amend- It took a year, which is just a few When Alton Mills stepped into that ments that we have seen, we are going minutes in Senate time. It took a year Federal prison cell with a life sentence, to have to do our best to oppose him.

VerDate Sep 11 2014 02:51 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.018 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7646 CONGRESSIONAL RECORD — SENATE December 17, 2018 Some are going to suggest that the talk shows on Sunday mornings and on wanted to make a difference. Over the underlying bill doesn’t go far enough to CNN and MSNBC and FOX News, and next 25 years, he did just that. What a unwind the harsh mandatory sen- they think that all we do is stand here difference he made. tencing that I mentioned earlier. I and fight each other. That is not the While Giles was actively involved in agree. But that is the nature of legisla- case. We have done some great things numerous civic groups and projects, his tion. It is the nature of compromise. It in the Senate since I have been here on greatest accomplishment was turning a is what the Senate is all about. A Re- January 3. Our appropriations process few blighted blocks of real estate in the publican-controlled Senate is consid- has been rolling on a bipartisan level. heart of the city of Birmingham into a ering a bill supported by Senators from We passed the opioid crisis bill. We also stunning outdoor recreational area both sides of the aisle, and we have a have the farm bill done. Now, with known as Railroad Park, which has not chance to do something. Congress criminal justice—it is the crowning only provided a space for family enjoy- should make this bipartisan legislation achievement on what has been, over ment but spurred economic develop- a fitting ending to this year. For all of the years, one of the most contentious ment and became a catalyst for revi- the cynicism and skepticism about issues in America. Every year, I used talization in downtown Birmingham. what Congress can achieve, we can to say that the system of justice in Giles was an outstanding lawyer and prove as soon as tomorrow, with one of America that was damaged the most in community organizer, but he had poli- the most historic changes in criminal election was our criminal justice sys- tics in his blood, and he learned the ins justice legislation in our history, that tem because it seemed that everybody and outs of the shark infested waters of we can work together for the good of wanted to demagogue it today. That is Alabama politics like no other. this Nation. Our people who send us to no longer the case in what has been It was Giles whom I first approached this job expect no less. done in this body, the House, and with about running for a statewide office be- I yield the floor. the support of the White House. cause I knew he shared my frustration The PRESIDING OFFICER. The Sen- I want to commend all of those who with the state of politics and govern- ator from Alabama. have been involved in this over the ment in the State of Alabama. It was Mr. JONES. Madam President, I rise years before I got here, both in and out Giles and Doug Turner who sat me today to talk on two issues. of government. I worked for a number down to explain about running for the First, I would like to talk about the of years with the Brennan Center for U.S. Senate—where my heart has al- criminal justice reform act that Sen- Justice at NYU—particularly the law ways been, having worked here just out ator DURBIN just spoke of. Rather than enforcement leaders—to reduce crime of law school—why it was important to repeating all that has been said and all and incarceration. We put in countless run for that office; why, given my of the positive things—and Senator hours, and this is the culmination of a background as a U.S. attorney and as a DURBIN did an outstanding job out- number of years of work. They should lawyer known for civil rights work, the lining all of the issues and how impor- be commended for all they did. special election would be so important. tant this bill is for the criminal justice (Mr. MORAN assumed the Chair.) It was also Giles who brought in Joe system and for the American public—I REMEMBERING GILES PERKINS Trippi, everyone else on my campaign would like to take a moment just to Mr. President, I want to talk about a team, and helped me staff my Senate commend my colleagues—particularly matter that is a lot more personal. The office. Senator DURBIN and Senator GRASSLEY, last couple of weeks have been some- But rather than calling him a polit- Senator LEE, Senator BOOKER, col- what difficult for me on a very per- ical mentor, which just doesn’t seem to leagues in the House of Representa- sonal level. Not only have I been sad- capture all that he was, I often referred tives, and those at the White House dened that several of my colleagues to him as ‘‘Yoda,’’ a political Jedi mas- who worked so tirelessly over the years whom I admire so much will be leaving ter, because of his vision and intuition to achieve this result. This is a re- this body, but 2 weeks ago, I lost a dear for politics and how politics should markable achievement for the people friend and trusted adviser, Giles Per- translate into public service. He was of this country. kins of Birmingham, AL. certainly a master in teaching those I have worked, as most people in this I so appreciate the fact that the day around him how they could be wise in body know, for a number of years as after his death, when I just could not the ways of the force of politics. His both a prosecutor and as a defense law- hold up and hold it together to do so strategy for my campaign and my Sen- yer. In that capacity, I have seen first- myself, Senator SCHUMER noted his ate office and tenure was molded out of hand the problems in a system of jus- passing in floor remarks. Giles’ family a vision of how Alabama and the South tice that seems to have gotten out of appreciates those remarks as well, but can move beyond the issues that have whack and that has incarcerated so because he meant so much to his divided us and how we can lead the Na- many people—more than just about adopted State of Alabama and the Bir- tion in coming together and healing any civilized country in the world—and mingham community and the fact that the partisan divide. yields very little results. he is the one who guided the effort to Many think that my election was his So what I see is an effort of Repub- elect me to this office, it is only fitting greatest political achievement, but licans and Democrats coming together. that I honor his memory on the floor of knowing him as I did, he would more When I ran for this office last year, I the Senate. likely say that it was not the election talked consistently about a country Giles was a former director of the per se but the reaction that the elec- and the State of Alabama that had Alabama Democratic Party and some- tion gave to so many people in Ala- more in common than we have to di- one who worked for the last two Ala- bama and around the country who sim- vide us. I talked more about reaching bama Democratic Governors. Origi- ply said that it gave them hope. That across the aisle and having dialogues, nally from Texas, he came to Alabama hope for a better Alabama, for a better instead of monologues. This bill is the after marrying the love of his life, South, and for a better America was perfect example of that, and I hope the Hillery Head, in the early 1990s. To- his No. 1 priority. people of America see what this bill gether, they have three children: Bar- He was brilliant, philosophical, tena- does and see how this body and the ton, Hugh, and Beverly. For all that he cious, stubborn, funny, and so straight- House of Representatives and the ad- did in life and all that he accom- forward that you thought he was some- ministration came together to pass plished, which was quite a lot, Giles times just a little bit mean—a trait this historic legislation. was first and foremost a husband and you often have to have in order to have This is a historic moment, Madam father, a family man whose greatest a successful campaign. President. This is one for the ages, love and source of pride were his wife The absolutely remarkable thing there is no question. Sometimes it is so and children. about Giles, though, was that he man- disappointing to go back home to Ala- When he arrived in Alabama, he im- aged my campaign on a daily basis—all bama and hear people say: ‘‘All I want mediately began to get involved in the of the calls, emails, and all of the you to do is work together.’’ community and in politics. He got in- meetings knowing he was living on bor- All they see are dueling press con- volved in the Folsom campaign for rowed time. At the time we began the ferences among the leaders and dueling Governor, telling people that he simply campaign, he was a 2 year survivor of

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Giles rial.’’ believed that all people, regardless of race or emailing orders or streams of con- Well my friend, I guess I will have to give religion or gender of sexual orientation or sciousness while being hooked up to it a shot without you. status in life should be treated equally and chemotherapy. One of the people in history that Giles ad- with respect and he had no tolerance for When asked why he was doing all of mired most was Robert Kennedy and in those that did not. this under the strain and pain of his many ways his life mirrored that of Bobby’s. That drive to make Alabama and the Giles was as tough as nails, who had as South a better place is what drove him to cancer and his treatments, he matter firm a grip on life and people as anyone I of factly said: ‘‘Because I want to show know and understand all things that could have ever known. Louise often called him a bring about political success. I called him my children what is important and how gunslinger who could quickly shoot you Yoda for a reason. He taught me and so to live.’’ I am confident that his chil- down with simply an expression or comment. many others the ways of the Force in poli- dren got that, as did I and everyone But he also had a very soft and gentle side, tics, to stay in our lane and to focus on that else associated with our campaign. especially with his family. Above all else which was truly important. That was espe- Giles lost his battle on December 2, Giles was a family many totally devoted to cially tough for me as I also had that type A Hillery and his children Barton, Hugh and having survived for 31⁄2 years after personality and was constantly veering off Beverly. He adored them all and no matter being told he only had 1 month to live. course because I had become so concerned what challenges he took on, from being a about minutiae. So even though my calling In the world of pancreatic cancer, a 31⁄2- lawyer, a community activist, a political him Yoda was a term of affection and respect year survivor is remarkable in itself, candidate, a campaign strategist or a war- he called me Chicken Little as a reminder of but Giles Perkins was a remarkable rior against cancer, Giles always made time just how much I did not know. human who made such a positive im- for his family. He not only loved them but he He was a tough task master when it came pact on all who knew him. believed in them. For all the successes he to politics. His firm grip on life and people As a friend recently wrote me, ‘‘It is had in life, including the election of a became like a vise when he was engaged in because of unsung heroes such as Giles mayor, a Governor and a US Senator, his politics. He was smart, confident, efficient wife and children were his greatest source of that democracy is sustained in Amer- and forgiving, at least to a point. He gave so pride. many young folks a chance but they had to ica’’ and that we are ‘‘grateful for his Giles was also a visionary. One of Bobby perform and live up to his expectations. commitment and life’s work to main- Kennedy’s more famous quotes was ‘‘Some They loved him and they feared him. Again, taining integrity in government.’’ men see things as they are and say why, I he modeled himself after Bobby Kennedy I know this: When the history of Ala- dream things that never were and say why who said about being the campaign manager bama and the politics of my State and not?’’ Whether he did it consciously or sub- for JFK in 1960: ‘‘I’m not running a popu- the region are written, it will be Giles consciously Giles was the embodiment of larity contest. It doesn’t matter if people Perkins who will be credited for begin- that spirit. You only have to look around like me or not. Jack can be nice to them. I you today and this magnificent park that ning a political change that will be felt don’t try to antagonize people, but somebody has done so much for the City of Bir- has to be able to say no. If people are not for a long, long time. mingham and understand what I mean. Few getting off their behinds, how do you say On a personal level, he will never could have stood at the corner of an aban- that nicely?’’ leave my heart and soul. doned, almost blighted part of town and see I am told that when Giles began hiring Mr. President, I ask unanimous con- a vision of an outdoor park where people young talent to run the Alabama Democratic sent that the remarks I made at Giles’ from all walks of life can come and enjoy the Party that the kids began to notice that Fri- memorial last Friday be printed in the outdoors, that would be a safe gathering spot days were often the days where Giles would RECORD. for fun and creativity, that could attract the politely but pointedly explain to someone There being no objection, the mate- kind of development that allows a city to that they were just not working out and rial was ordered to be printed in the thrive. But Giles did, simply seeing that vi- should hit the road. Instead buckling down sion and saying why not. You can see it in to make sure they weren’t next they just RECORD, as follows: the zoo, where he and others saw the poten- quit coming in on Fridays. As you might GILES PERKINS, RAILROAD PARK MEMORIAL, tial of having a world class attraction free imagine with Giles at the helm that was rel- DECEMBER 14, 2018 from the constraints of being owned by the atively short lived and the party prospered It is, I believe, a rare occasion when some- city. But Giles, did and he said why not. And because of his leadership. one stands before a grieving crowd in an ef- today the zoo is on the verge of a renaissance The same was true in our campaign last fort to memorialize more than a relative or like it has never experienced. And I am year. Because Giles knew that we had to run close friend but someone who was the driving standing before you today as a Unites States a different campaign than any Democrat had force behind making a lifelong dream come Senator because along with his political run in the last 20 years he did not rely on true. That folks is the challenge I have faced partners of many years, Doug Turner and those who had been in campaigns in the past, the last twelve days–Giles was my dear Joe Trippi, Giles saw an opening for a new but a new generation, one who understood friend but as you all know he was also the Alabama, an Alabama that puts aside the di- social media and today’s world but yet could person primarily responsible for making my visions of the past and embraces our diver- be taught the ways of the Force when it lifelong dream of being a United States Sen- sity and sense of respect and civility for all came to old school politics. The kids we ator become a reality. people. An Alabama who could lead the brought on had virtually no real political ex- I have also faced the double challenge of South. When all of the pundits looked at a perience but immediately set out to teach not having Giles around to help with my re- Senate race in Alabama and dismissed the them, bringing in books about RFK and Lyn- marks. For the last 18 months or so he idea saying that it was not possible for a don Johnson and the modern political sys- helped me craft so many of my speeches, Democrat to win, saying why would anyone tem. By his example of being engaged every- from the campaign stump speeches to my even try, Giles Perkins saw an opening, with day, whether in the campaign office or by maiden speech on the floor of the Senate, to someone who shared his vision for a better phone or by e-mail or text, while also bat- a broad speech about the South and our Alabama and a better South who could lead tling cancer and chemotherapy treatments place in history that could be adopted in a the nation out of our divisiveness and he said he taught them, and all of us, lessons of both number of contexts. He was always thinking why not. politics and life. But make no mistake, while of a bigger picture than most of us were Giles got into politics for the right rea- they loved and admired him they were also thinking of and regardless of who the mes- sons. Not for ego or power but to do good scared to death of him. One of our young senger was going to be, Giles wanted to con- things. He got that from his mother, who men said that every time Giles walked into trol the message to the extent that he could. was a progressive member of the Texas state the room his male body parts seemed to re- He had the confidence and self assurance, board of education. When he first moved to treat into his gut. Believe me, I get that. and let’s face a little bit of arrogance—to Alabama after marrying Hillery he ap- While Yoda could be a gentle teacher we also craft the message that he believed should be proached the Folsom campaign about getting have scars from his light saber that came in delivered. Giles knew he his fate several involved. He told Peck Fox that he was from the form of his e-mails or text messages or weeks ago and was able to help plan this day, Texas but was settling in Alabama and that biting retorts if you were out of line. I am but when he really started to go down, he he wanted to get involved in the campaign quite sure that as word spread of Giles deci- went down rather fast. So that is why I am because he wanted to make a difference. And sion to not seek further treatments for his convinced that he is looking down on us for the next 25 years what a difference he did cancer all of those who worked with him or today and somewhat cringing with anxiety make. Electing Don Siegelman Governor. for him at any point in any of his political of not really knowing what any of us are Re-electing Richard Arrington as Mayor. endeavors were reminded of the words of going to say. For me in particular, knowing Being Executive Director of the Alabama Winston Churchill who famously said: ‘‘I am how he has helped manage me the last 18 Democratic Party, being a candidate for At- prepared to meet my Maker. Whether my

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The Appropriations Com- But it was that same young staffer who ance with the provisions of rule XXII of the mittee, which is responsible for mak- also said that as our campaign folks called Standing Rules of the Senate, do hereby ing the actual decisions about how to check on each other after Giles’ death move to bring to a close debate on the nomi- each call ended with ‘‘Love ‘ya’’ and it was money is spent each year, should be re- nation of Joseph Maguire, of Florida, to be named the Budget and Appropriations clear that Giles built more than a campaign, Director of the National Counterterrorism he built a family that would long outlive Center, Office of the Director of National In- Committee. him. telligence. Too often, when we come up against Over the last couple of years I came to love Mitch McConnell, Jerry Moran, Mike appropriations deadlines, as we are Giles like a brother and came to know and Crapo, Steve Daines, Richard Burr, now, press reports declare that Con- appreciate him as a remarkable human being James E. Risch, Thom Tillis, John gress has to pass the budget to avoid a who did so much for so many in his short Thune, Roger F. Wicker, John Hoeven, shutdown. Not true. The budget passed time on this planet. He died among the privi- David Perdue, Pat Roberts, John Bar- leged but never, ever forgot those less fortu- a long time ago. In reality, the budget rasso, Mike Rounds, Lamar Alexander, reflects the start of the process, and nate, constantly striving for a better world John Boozman, John Cornyn. for all. The words of Barack Obama at the appropriations reflects the end. Chang- funeral for Ted Kennedy seem to have been Mr. MCCONNELL. I ask unanimous ing these committees’ names would written in advance for Giles Perkins: consent that the mandatory quorum more clearly delineate their actual re- We cannot know for certain how long we call be waived. sponsibilities and thereby make it easi- have here. The PRESIDING OFFICER. Without er for them to be carried out and un- We cannot foresee the trials or misfortunes objection, it is so ordered. derstood by the public. that will test us along the way. The Senator from Wyoming. We cannot know what God’s plan is for us. A second important change would be What we can do is to live out our lives as THE BUDGET AND APPROPRIATIONS PROCESS to finally admit that Congress is not best we can with purpose, and with love, and REFORM capable of sending 12 appropriations with joy. Mr. ENZI. Mr. President, earlier this bills to the President before the Sep- We can use each day to show those who are month, Congress sent the President an- tember 30 end of the fiscal year each closest to us how much we care about them, other continuing resolution to allow year. The current process leaves Con- and treat others with the kindness and re- more time to resolve the partisan im- spect that we wish for ourselves. gress in a nearly perpetual quest to de- passe that has us on the brink of a gov- velop and pass 12 funding bills for the We can learn from our mistakes and grow ernment shutdown once again. A con- from our failures. next fiscal year to avoid a funding And we can strive at all costs to make a tinuing resolution just allows agencies lapse. Yet the sheer size and com- better world, so that someday, if we are to continue to spend money without plexity of the Federal budget and ap- blessed with the chance to look back on our knowing how much they actually get propriations process virtually guar- time here, we know that we spent it well; to spend. antee that Congress will not consider that we made a difference; that our fleeting The current episode is yet another presence had a lasting impact on the lives of all the appropriations bills individually example of the breakdown of what each year. In the last 40 years, we have others. should be the basic nuts and bolts of This is how Giles Perkins lived. This world succeeded only four times in passing is better for having pass here. We are better government—keeping the government all of the appropriations bills on time. people because we knew him. This is his leg- open and funded. In other words, they Let me repeat that. In the last 40 acy. have been spending money since last years, we have succeeded only four So my friend, may you find new challenges October without knowing how much times in passing all of the appropria- to meet and new visions to share, to see money they get to spend. So I come to tions bills on time. things not as they are but how they can be. the floor today to talk about the need May God bless you and may you Rest In Our inability to pass appropriations to reform our broken budget and appro- bills on the current schedule has made Peace. priations process and to lay out a few And for all eternity, May the Force be with reliance on continuing resolutions a you. Mr. JONES. I thank the Senate for ideas I have for how to do that. routine part of the process, and it this personal moment. As chairman of the Budget Com- comes with a cost. The Department of I yield the floor. mittee, I have worked on budget appro- Defense has operated under a con- The PRESIDING OFFICER. The ma- priations and process reform for sev- tinuing resolution for an average of 81 jority leader is recognized. eral years and always believed that days per year; that is almost 3 months changes need to be guided by two core f per year since 2001, with a particularly principles. The first principle is that bad spate since 2009, in which we aver- EXECUTIVE SESSION reforms should end brinksmanship and aged 134 days per year. That is almost the threat of government shutdowns; 41⁄2 months of not knowing how much and No. 2, reforms should guide us to EXECUTIVE CALENDAR they are going to get to spend, let create enforceable plans to stop the alone planning for the future. Mr. MCCONNELL. Mr. President, I outrageous growth of our Federal debt, Earlier this year, the Secretary of move to proceed to executive session to which is approaching $22 trillion. the Navy, Richard Spencer, identified consider Calendar No. 1042. According to the Congressional Budg- $4 billion in waste owing to the lack of The PRESIDING OFFICER. The et Office, Federal debt held by the pub- financial stability resulting from these question is on agreeing to the motion. lic, as a percentage of our economy, is continuing resolutions—this lack of The motion was agreed to. at the highest level since shortly after knowing how much to spend. He said: The PRESIDING OFFICER. The World War II. That debt is expected to clerk will report the nomination. rise sharply over the next 30 years if Since 2001, we have put $4 billion in the The senior assistant legislative clerk trash can, poured lighter fluid on top of it, current laws generally remain un- and burned it. . . . It’s enough money that it read the nomination of Joseph changed. Quite simply, our budget can buy us the additional capacity and capa- Maguire, of Florida, to be Director of problems are too severe to be put off bility that we need. Instead, the $4 billion of the National Counterterrorism Center, any longer. Yet our dysfunctional taxpayer money has been lost because of in- Office of the Director of National Intel- budget and appropriations process is efficiencies [caused by] continuing resolu- ligence. making it harder for Congress to tack- tions. CLOTURE MOTION le our pressing fiscal challenges. While it is true that this year we Mr. MCCONNELL. Mr. President, I To start, one easy thing we could do were able to pass and get signed five send a cloture motion to the desk. to improve the process is to change the appropriation bills prior to September The PRESIDING OFFICER. The clo- names of the Budget and Appropria- 30—remarkably, an improvement from ture motion having been presented tions Committees to better reflect each recent years—that still leaves seven under rule XXII, the Chair directs the committee’s function. bills yet to be enacted. clerk to read the motion. The Budget Committee, which is To address this problem, I have pro- The senior assistant legislative clerk tasked with crafting an annual fiscal posed moving to a biennial system and read as follows: framework to guide Congress, really halving the number of appropriations

VerDate Sep 11 2014 03:02 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.044 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7649 bills considered each year so that six looked at. I have a list of how many ful participation, which they can apply would be considered in the first session things we haven’t looked at. Some pro- toward prerelease custody. However, of Congress and six would be considered grams haven’t been looked at since access to these incentives is available in the second—each of them, of course, 1983, but they continue to get an an- only to those who pose little risk of for 2 years to allow for more planning. nual inflation increase anyway—some- committing new crimes. By providing a more realistic and at- times greater than the annual increase. The FIRST STEP Act requires the tainable schedule, we could allow for a Each of the above suggestions would Bureau of Prisons to implement a risk more thoughtful process for consid- improve our process, help us control assessment system to determine an in- ering individual bills. We would free up spending, and meet our constitutional mate’s risk of returning to crime after more time for oversight of Federal obligations. I plan to pursue them in prison. spending. We would actually get to the next Congress and look forward to Access to the earned-time credits is look at some of the details of the dol- working with my colleagues on these limited to those who pose a minimum lars we are spending, and we would re- and other ideas. or low risk. The bill also makes clear duce the likelihood of continuing reso- However, while reforms are needed, that violent and high-risk criminals lutions and large, year-end spending the reality is there will never be a per- convicted of certain serious offenses bills—with everything attached to it— fect process, and no reform by itself are ineligible for the prerelease cus- that are inefficient and too often load- could force the hard decisions that are tody program. ed with waste. We could also give agen- needed. What we need is leadership and The list of disqualifying offenses in- cies the certainty they need to plan a commitment from both sides to work cludes crimes relating to terrorism, and make wise decisions regarding how together to do what we know needs to murder, sexual exploitation of chil- to implement funding. be done to confront these challenges. dren, and gun crimes, among others But successful and timely enactment I look forward to working with my that are listed in the bill. All fentanyl of the appropriations bills is only part colleagues on these critical challenges traffickers are disqualified from earn- of the solution. We also need to look at in the next Congress. ing time credits. the mandatory side of the ledger and I yield the floor. The bill also makes sentencing fairer programs that don’t have adequate rev- The PRESIDING OFFICER. The Sen- by returning some discretion to judges enue to maintain obligations—the ones ator from Iowa. during sentencing. Some have called we don’t ever get to make a decision Mr. GRASSLEY. Mr. President, be- for eliminating mandatory minimums on. Any new mandatory programs fore I start my remarks, in case they or cutting them back severely. should be self-financing or offset by the go beyond the time for a vote, I ask I happen to be a supporter of manda- elimination of existing programs that unanimous consent to finish my re- tory minimum sentences because it we would continue to fund. In other marks. helps law enforcement take down words, nothing should be mandatory if The PRESIDING OFFICER. Without criminal enterprises, but at the same it doesn’t have a stream of money big objection, it is so ordered. time, I recognize there is some unfair- enough to pay for it. FIRST STEP ACT OF 2018 ness in how these mandatory minimum We also need to look at ending the Mr. GRASSLEY. We are here today sentences are sometimes applied. The spending bias that begins with a cur- to begin debate on a piece of legisla- FIRST STEP Act leaves in place these rent baseline—current amount of tion called the FIRST STEP Act of maximum sentences but also addresses spending—and automatically adjusts 2018. This happens to be the most sig- overly harsh and expensive mandatory for inflation. nificant criminal justice reform bill in minimums for certain nonviolent of- To address the long-term structural a generation. fenders. Locking up low-level offenders deficit problems, we need to create en- Our country is based upon the rule of for needlessly long prison sentences di- forceable spending targets that are law. If someone commits a crime, they verts resources that are needed else- monitored and enforced annually to should be punished, and that punish- where to fight crime. make sure lawmakers stay focused on ment should be severe enough to deter To address this, the FIRST STEP Act deficit reduction and achieving a suit- others from committing crimes. makes a number of changes to sen- able Federal budget. The newly re- But for our criminal justice system tencing guidelines. First, the legisla- vamped Debt Control Committee to serve our society well, it has to do tion clarifies that enhanced penalties should be empowered to establish its more than punish and deter. Recidi- for using a firearm during a crime of targets and enforce spending con- vism rates are far too high and drive violence or drug crime should be restraints. For example, if we followed crime rates up. In the Federal system, served for repeat offenders of such my penny plan and cut spending by 1 49 percent of prisoners are rearrested crimes. That is what Congress had in- cent out of every dollar each year for within 8 years, and 32 percent are con- tended when it created the enhanced the next 5 years, we could balance the victed of new crimes. We must better penalty in the first place. budget. prepare prisoners to leave behind their Second, the bill would reduce the Once enforceable targets are agreed criminal past and to become produc- three-strike penalty for life imprison- upon, we should conform the debt limit tive citizens when they leave the pris- ment to 25 years. The 20-year minimum to them. I know that dealing with the on system. is reduced to 15 years. The bill also debt limit in a responsible manner is a We also need to make sure that broadens the mandatory penalties, ap- priority for many of my colleagues on criminal sentences are tough enough to plying them to more of the worst both sides of the aisle. I am ready to punish and deter, but not be unjustly criminals. work with them on it. harsh. Sentences should not destroy Third, the bill provides for more judi- We are not talking about sequester the opportunity of redemption for in- cial discretion by expanding the exist- here; I am suggesting precision cuts on mates willing to get right with the law. ing Federal safety valve to include the low priorities. First of all, seques- The FIRST STEP Act is tough on more low-level, nonviolent offenders. ter happened late in the year, so there crime, but it is also fair. To tackle the Consistent with the existing law, the wasn’t much money left to take the recidivism rates in our country, the judge cannot apply the safety valve un- money out of, which made it a much bill establishes evidence-based pro- less the defendant has fully cooperated larger reduction from those spending gramming that has reduced recidivism with law enforcement. bills. They also picked the projects at the State level. We have evidence Lastly, the bill also allows for the they thought would be most noticeable from the States of Texas, Georgia, Mis- retroactive application of the Fair Sen- and cut those, realizing that the Amer- sissippi, and many others to justify tencing Act of 2010, which reduced the ican public would rise up in arms and that fact. 100-to-1 disparity in sentencing be- make sure that it was reinstated, and The bill provides incentives for in- tween crack and powder cocaine. that happened. They always picked the mates willing to put in the work to I want to acknowledge President most visible and the most painful. complete these programs. Under this Trump’s leadership on criminal justice What we have to do is get to preci- bill, a prisoner may earn 10 days of reform. Without the President’s en- sion cuts in the things we haven’t even time credit for every 30 days of success- gagement, we wouldn’t be here today.

VerDate Sep 11 2014 03:02 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.031 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7650 CONGRESSIONAL RECORD — SENATE December 17, 2018 The President deserves credit for The clerk will call the roll. any, who are more impressive or mem- brokering a deal that improves fairness The legislative clerk called the roll. orable than those who have been diag- and supports law enforcement. Mr. CORNYN. The following Senator nosed with ALS, commonly known as A tremendous amount of credit is is necessarily absent: the Senator from Lou Gehrig’s disease. also due to my colleagues in the Senate Tennessee (Mr. ALEXANDER), the Sen- Competing with them for being im- who helped to forge a bipartisan com- ator from Louisiana (Mr. CASSIDY), the pressive and noteworthy are the friends promise on complex issues. I emphasize Senator from South Carolina (Mr. GRA- and family and advocates who become ‘‘bipartisan compromise’’ because the HAM), the Senator from Nevada (Mr. their support system and their care- people in the grassroots of America, HELLER), the Senator from Wisconsin givers. It is not just those with the di- even in my State of Iowa, think there (Mr. JOHNSON), and the Senator from agnosis, but it is also the family, isn’t much bipartisanship going on North Carolina (Mr. TILLIS). friends, and caregivers who face incred- here. Further, if present and voting, the ible bravery. I remember someone once I would especially like to thank my Senator from Tennessee (Mr. Alex- saying that a special kind of courage is colleague, Senator DURBIN. He has been ander) would have voted ‘‘yea’’. maintaining good morale in the face of a partner through this entire process. The PRESIDING OFFICER (Mr. terrible circumstances, and few cir- A bipartisan cosponsor includes Sen- DAINES). Are there any other Senators cumstances are more terrible than a di- ator LEE, who has done a tremendous in the Chamber desiring to vote? agnosis of ALS amyotrophic lateral amount of work on this. In fact, he The yeas and nays resulted—yeas 82, sclerosis. started with Senator DURBIN before I nays 12, as follows: We know how it ends. We know it is even got involved. We also have co- [Rollcall Vote No. 267 Leg.] always fatal. There is no treatment. sponsorships by Senators BOOKER, GRA- YEAS—82 There is no cure. There is nothing to HAM, WHITEHOUSE, SCOTT, FEINSTEIN, Baldwin Gillibrand Nelson halt or reverse the effects of ALS. CORNYN, and LEAHY. They all deserve Bennet Grassley Paul Those of us who have ALS patients praise for reaching this deal. Blumenthal Harris Perdue visit us watch the decline as they move The product of years of negotiating Blunt Hassan Peters from people who can walk to people and listening to each other is a bill Booker Hatch Portman Boozman Heinrich who need a wheelchair, to people who that will reduce crime, strengthen Reed Brown Heitkamp Roberts need an increasingly complex wheel- faith in our judicial system, support Cantwell Hirono Rubio chair. Capito Hoeven law enforcement, and give thousands of Sanders Cardin Hyde-Smith For all this suffering and for all the Schatz people a better shot at living good Carper Inhofe certainty of how it ends, we still make lives. Casey Isakson Schumer ALS patients and their family mem- As we go to this very important first Collins Jones Scott Shaheen bers wait 5 months before they can vote on this bill, which is to invoke Coons Kaine Corker King Shelby begin to receive the Social Security cloture, I urge all of my colleagues to Cornyn Klobuchar Smith Disability Insurance benefits they join with President Trump and our bi- Cortez Masto Lankford Stabenow earned by contributing into Social Se- partisan coalition of supporters to sup- Crapo Leahy Tester curity. port the FIRST STEP Act. Cruz Lee Thune Daines Manchin Udall The logic, I am told, of this 5-month I yield the floor. Donnelly Markey Van Hollen waiting period is that it allows tem- f Duckworth McCaskill Warner porary conditions to abate, but ALS is Durbin McConnell Warren not a temporary condition. It does not SAVE OUR SEAS ACT OF 2017— Ernst Menendez Whitehouse Continued Feinstein Merkley Wicker abate. It does not reverse. Sadly, some Fischer Moran Wyden ALS patients lose their fight with the CLOTURE MOTION Flake Murphy Young disease before even receiving benefits. Gardner Murray The PRESIDING OFFICER. Pursuant I have been working with Senator to rule XXII, the Chair lays before the NAYS—12 COTTON to pursue bipartisan legislation Senate the pending cloture motion, Barrasso Kennedy Rounds to eliminate this 5-month waiting pe- which the clerk will state. Burr Kyl Sasse riod for ALS. Chairman HATCH, in one The legislative clerk read as follows: Cotton Murkowski Sullivan Enzi Risch Toomey of his final acts as chairman of the Fi- CLOTURE MOTION nance Committee, expressed his ap- NOT VOTING—6 We, the undersigned Senators, in accord- proval of this and his desire to help me ance with the provisions of rule XXII of the Alexander Graham Johnson bring it forward, and Ranking Member Standing Rules of the Senate, do hereby Cassidy Heller Tillis WYDEN on the Finance Committee has move to bring to a close debate on the mo- The PRESIDING OFFICER. On this tion to concur in the House amendment to S. helped get it to the floor so we can 756, a bill to reauthorize and amend the Ma- vote, the yeas are 82, the nays are 12. have this opportunity to pass it by rine Debris Act to promote international ac- Three-fifths of Senators duly chosen unanimous consent. tion to reduce marine debris, and for other and sworn having voted in the affirma- I hope very much that as a simple act purposes, with a further amendment num- tive, the motion is agreed to. of humanity, we can step aside from bered SA 4108. The PRESIDING OFFICER. The Sen- bureaucratic considerations and allow Mitch McConnell, Mike Lee, John Cor- ator from Rhode Island. this small population of Americans nyn, Chuck Grassley, Orrin G. Hatch, Mr. WHITEHOUSE. Mr. President, I Tim Scott, Steve Daines, Jerry Moran, who face the extraordinary blow of this ask unanimous consent that I be recog- diagnosis to move immediately to the Todd Young, Susan M. Collins, Pat nized for a few moments; that at the Roberts, Bill Cassidy, Lamar Alex- benefits they signed up for by contrib- ander, Lindsey Graham, Jeff Flake, conclusion of my remarks, my col- uting to Social Security. Rob Portman, Joni Ernst. league from Arkansas, Senator COTTON, With that, I would yield the floor to The PRESIDING OFFICER. By unan- be recognized; and that at the conclu- Senator COTTON of Arkansas. imous consent, the mandatory quorum sion of his remarks, I be recognized Mr. COTTON. Mr. President, I thank call has been waived. again for a unanimous consent request. the Senator from Rhode Island for his The question is, Is it the sense of the The PRESIDING OFFICER. Is there work on this important issue. I have Senate that debate on the motion to objection? had numerous ALS sufferers and fam- concur in the House amendment to S. Without objection, it is so ordered. ily members of those who suffer from 756, to reauthorize and amend the Ma- UNANIMOUS CONSENT REQUEST—S. 379 ALS approach me about this bill early rine Debris Act to promote inter- Mr. WHITEHOUSE. Mr. President, in my time in the Senate, and I have national action to reduce marine de- one of the things that marks service as been grateful for the opportunity to bris, and for other purposes, with a fur- a U.S. Senator is the chance to meet work with the Senator from Rhode Is- ther amendment numbered 4108, shall really remarkable individuals, and land to try to address this very sad be brought to a close? among the remarkable individuals I problem. The yeas and nays are mandatory have had the chance to meet in my ALS is a progressive and disabling under the rule. time in the Senate, there are few, if disease for which there is no cure. It is

VerDate Sep 11 2014 03:02 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.032 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7651 fatal in all cases. Unfortunately, like sideration; that the bill be considered fact that Social Security is facing almost every other condition, ALS suf- read a third time and passed; and that long-term insolvency with the DI Trust ferers are required to wait for 5 months the motion to reconsider be considered Fund set to run out in 2032, even sooner before they receive the Social Security made and laid upon the table with no than the Old-Age and Survivors Insur- Disability Insurance benefits they have intervening action or debate, as we ance Trust Fund is set to expire and earned; that they earned through a come into this Christmas season. from which it has to borrow funds. lifetime of paying taxes into Social Se- The PRESIDING OFFICER. Is there It is undoubtedly a noble intention to curity. objection? help those with ALS, but we will never I understand the purpose of this 5- The Senator from Utah. have parity if we legislate disease by month waiting period is to weed out Mr. LEE. Mr. President, reserving disease, especially among and between temporary conditions, but ALS is not a the right to object, I first became diseases that are comparably debili- temporary condition—or to prevent aware of amyotrophic lateral sclerosis tating. I said it is incoherent and un- fraudulent claims, but it is hard to when I was in the fifth grade, and I just to pick one favorite group where imagine anyone making a fraudulent read a story, a book, and later a series there are others that are every bit as claim on disability based on an ALS di- of books about my childhood hero Lou deserving. agnosis. The average disability bene- Gehrig, whose name is often used syn- On that basis, I object. ficiaries expect to receive benefits for onymously with this terrible ailment. The PRESIDING OFFICER. Objec- about 20 years, but, unfortunately, It is a tragedy that his life was ended tion is heard. those who have been diagnosed with and helped bring about the end of his Mr. WHITEHOUSE. Mr. President, ALS only have a life expectancy of ap- 2,138 consecutive game playing streak let me go on the record to say how proximately 3 years. Therefore, the dis- in Major League Baseball. much I disagree with my colleague’s ability waiting period of 5 months This is a horrible disease, a progres- view of this; the notion that we can’t means that those on ALS will lose, on sive neurodegenerative condition that help anyone until we can help everyone average, nearly one-seventh of the ben- rapidly attacks the nerve cells in the is simply not the way the world works. efits they have paid a lifetime for. Of brain and spinal cord and eventually it The notion that we can’t help anyone course, some will lose a lot more be- affects the control of the muscles that until we have solved whatever financial cause of ALS’s particularly degenera- are needed to move, to speak, and even problems he sees in Social Security, tive nature. They will lose their fight to eat and to breathe. Sadly, it is al- again, means we will help no one. to the disease before they ever become ways fatal. I do believe Lou Gehrig’s disease is a eligible for their disability benefits. The bill now under consideration will sufficiently distinct illness, with an in- This legislation will simply ensure grant a waiver from the Social Secu- evitable fatality, and the slow loss of that those patients and their families rity Disability Insurance waiting pe- function for the individuals involved as can access the benefits they paid into riod to victims of this terrible disease, the disease takes away, one by one, as soon as possible by waiving that 5- no doubt with good, noble intentions, their various abilities to stand, to month waiting period for disability but what we have to remember is that speak, and eat. I think it does set it benefits in this one exceptional case. this is not the only tragic disease apart. I understand there is objection about Americans are dying from. Unfortu- If the Senator has other illnesses he singling out the particular disease or nately, there are many others out thinks are equally cruel and equally le- condition. I would, however, say ALS is there that are equally debilitating and thal that he would like to add to the itself a singularly exceptional condi- equally fatal, and the Federal Govern- list, then I think we should consider tion, and any sufferer of ALS deserves ment should not pick favorites to legis- that. The notion that we can’t help fel- our sympathy, our prayers but also our late from among them. low Americans with this disease be- action on the Senate floor. Indeed, this kind of policy and ap- cause we haven’t solved other problems I also understand there is objection proach to policymaking poses several is one I categorically reject. to the cost of the legislation, which problems. First, it sets the precedent I yield the floor. would be $270 million over 10 years—no that some diseases or disabilities de- The PRESIDING OFFICER. The Sen- doubt a lot of money to all Ameri- serve preferential treatment and not ator from Utah. cans—but frankly a small rounding necessarily with a distinction that sets Mr. LEE. Mr. President, I respect- error in the Federal budget. For that them apart from that disparate treat- fully, most vehemently disagree with matter, it is less than the amount of ment. It would undoubtedly open the the characterization made by my dis- money for the piece of legislation that door for exemption requests for a myr- tinguished colleague, the Senator from is pending on the floor today—a crimi- iad of other groups who advocate for Rhode Island. nal leniency bill that would cost $352 worthy causes, including any of the 233 This is not, with all due respect, an million over 10 years. compassionate allowance conditions instance of ‘‘we can’t help anyone until If we are prepared to allow legisla- that are already given expedited review we help everyone.’’ That is a blatant tion to go forward that slashes sen- for SSDI. mischaracterization of the facts. We tences for serious drug traffickers and I have gone through that list and have already 233 conditions that qual- let sex offenders out of prison early, looked at that list and it contains a lot ify for the compassionate allowance even though it costs $350 million, I of other horrible, debilitating deadly category. would suggest it is a misplaced priority diseases, among them non-Hodgkin’s If you look through those, they are to object to legislation because it costs lymphoma that claimed the life of my full of debilitating, life-threatening $270 million. So I hope, along with the father 22 years ago, along with a whole conditions. Those categories already do Senator from Rhode Island, that we lot of other diseases that are deadly, receive expedited treatment. They al- can pass this legislation in this week that are painful, that are debilitating, ready are in a category where they before Christmas and give some small that result in the incapacitation of have to be reviewed and a decision has measure of solace to those who are suf- their victims. to be made within a set period of fering from ALS and their families. On top of all that, this approach will time—I believe, within the range of 5 I yield back to the Senator from set the stage for only those diseases months. Rhode Island. that have the most recognition and the That is a good thing, but it is simply Mr. WHITEHOUSE. Mr. President, I most political backing to find bill not accurate. In fact, it is blatantly ask unanimous consent that the Fi- sponsors, while others sit at a relative misleading to suggest that my argu- nance Committee be discharged from disadvantage with conditions that are ment here boils down to the notion further consideration of S. 379, a bill to more rare and underfunded. that we cannot help anyone until we eliminate the 5-month waiting period Furthermore, while I am happy to help everyone. That is not true. It is for disability insurance benefits under consider working on the waiting period the point here that unless or until we such title for individuals with issue, we cannot do so without taking a can make a distinction between this amyotrophic lateral sclerosis; that the larger look at SSDI as a whole and its condition and the other 233 conditions Senate proceed to its immediate con- sustainability. We cannot ignore the that are on that list, I see no valid

VerDate Sep 11 2014 04:11 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.037 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7652 CONGRESSIONAL RECORD — SENATE December 17, 2018 basis—other than the fact that this one The PRESIDING OFFICER. Without their capital and earned a reputation has more political support and, per- objection, it is so ordered. as one of the most trusted voices in haps, more financial backing—to draw f Frankfort. that distinction here. I think it is un- Ronnie’s first job in journalism came REMEMBERING DR. ORVILLE fair to those who benefit from and will at the Edmonson News, a family-owned CLARK, JR. need to invoke the need for Social Se- weekly publication in South Central curity disability insurance to put it in Mr. MCCONNELL, Mr. President, Kentucky. He was so eager to put an even less sustainable posture mov- today it is my privilege to pay tribute words in print that he even started ing forward. to Dr. Orville Clark, Jr., who was laid working there before he had finished Yes, in an ideal world we would like to rest in Arlington National Ceme- his studies at Western Kentucky Uni- to say no waiting period for anyone. In tery. When Dr. Clark passed away ear- versity in nearby Bowling Green. He an ideal world we would like to not lier this year at the age of 92, his fam- clearly had a knack for it. From there, have anyone have to wait for these ily chose to honor his service in uni- Ronnie worked at both the, Glasgow sorts of things, but we do have, in our form by burying him at one of our Na- Daily Times and Henderson Gleaner, government, a susceptibility to claims tion’s most sacred sites. two newspapers with historic roots in that are not substantiated, and we also A lifelong resident of Pikeville, KY, Western Kentucky. have people who have to review them. Orville entered the U.S. Army in De- In 2005, he moved to Frankfort and In the absence of a perfect system, it cember of 1943 to fight against the joined the Community Newspaper may not be possible. It certainly isn’t forces of evil in World War II. He Holdings, Inc., CNHI, giving Ronnie the going to be possible for us to make this served as a combat medic in the Euro- opportunity to have his articles print- program sustainable if we can’t put pean theater, and his children reed in papers throughout the Common- meaningful limits on it. counted that Orville suffered a severe wealth. His move to CNHI also brought Again, I am all for finding ways to injury in 1945 as he attempted to rescue a change in focus, Leading the organi- shorten that waiting period as much as other soldiers. For his courage and sac- zation’s bureau in Frankfort, Ronnie we possibly can. I have yet to hear an rifice on that French battlefield, he kept a close eye on State government argument that sets this condition earned the Purple Heart, our Nation’s and politics. In addition to his written apart from the others in this category oldest military award still given to columns, he also became a frequent of 233 compassionate allowance condi- servicemembers. guest on Kentucky Educational Tele- tions. After the war, Orville returned to vision’s public affairs program, ‘‘Com- Thank you, Mr. President. Kentucky and he married Betty Jo the ment on Kentucky.’’ Through the years, I spoke with Ron- I yield the floor. next year. He built an optometry prac- nie about the issues of the day and Mr. WHITEHOUSE. Mr. President, I tice and was a leader among his peers their importance to our home State. simply note that the Senator seems to as the president of the Kentucky Opto- He never shied away from the tough be making precisely the argument that metric Association. Throughout their questions, and his professionalism he is denying that he has made. 72 years together, the couple raised helped set the standard for other jour- I yield the floor. their children, Alicia and Orville, and instilled in them life’s important les- nalists. The PRESIDING OFFICER. The Sen- There is good news, however, for sons. ator from Utah. Ronnie’s dedicated readers. We aren’t Later in his life, Orville would walk Mr. LEE. In no way, shape, or form losing his viewpoint forever. In the new to a local fast food restaurant every am I making the argument that we year, Ronnie plans to continue writing day for a cup of coffee. Apparently he cannot help anyone until we help ev- a regular column for CNI. I would like made such an impression on the staff eryone. That is a mischaracterization to take this chance to join Ronnie’s au- there that, at his funeral in Pike Coun- of the argument I am making. dience in thanking him for his years of ty, the crew served as his pall bearers. I am arguing that if, among and be- reporting and wishing him a fulfilling The Clark family then traveled with tween these 233 categories, we can retirement. I ask my Senate colleagues make no principle distinction between his remains to Orville’s final resting to join Elaine and me in thanking Ron- this condition and the others, we are place in our Nation’s Capital. On a nie for his commitment to journalism mistreating those other people. windy day in Arlington, our Nation in Kentucky. Who is going to stand here for them? rendered military honors and expressed Today, I am going to. its gratitude to Orville for his service f On that basis, I object. and sacrifice. TRIBUTE TO DAVID FIELDS Mr. WHITEHOUSE. Mr. President, at The men and women of the ‘‘greatest Mr. MCCONNELL. Mr. President, it is the Senator’s desire, he may add any of generation’’ often chose to leave the my honor to pay tribute to my friend, those whom he wishes, and we will con- safety of home to defend the freedom of David Fields, who is the Butler County sider that going forward. Unless and our Nation and of the world. Like so judge-executive from my home State of until he does that, we are in a position many of his comrades, Orville patrioti- Kentucky. Earlier this year, David an- that unless we are helping all of them, cally stood against the enemies of the nounced that his time in public service we will help none of them. United States. In doing so, he displayed would come to a close soon, ending I yield the floor. the highest values of our Common- more than a decade of leadership and Mr. LEE. Mr. President, I suggest the wealth and our Nation. As Betty Jo, success for those who put their trust in absence of a quorum. Alicia, and Orville grieve this loss, our him. The PRESIDING OFFICER. The thoughts and prayers are with them. I After a successful career owning a clerk will call the roll. urge my Senate colleagues to join me body shop with his wife, Virginia, The senior assistant legislative clerk in expressing our sincere condolences David chose to dedicate himself to the proceeded to call the roll. to the Clark family. service of his community. First elected Mr. CRAPO. Mr. President, I ask f in 2006, David quickly got to work lead- unanimous consent that the order for ing the county. As a former judge-exec- TRIBUTE TO RONNIE ELLIS the quorum call be rescinded. utive myself, I know firsthand just how The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, many responsibilities land on your objection, it is so ordered. when he retired last month, Ronnie plate, and David accomplished a great f Ellis closed the book on his long and deal along the way. proud career in journalism. A native of In particular, David has been a won- MORNING BUSINESS Glasgow, KY, Ronnie spent his profes- derful ally to me here in the Senate in Mr. CRAPO. Mr. President, I ask sional life writing about the issues im- our work for this region. The Green unanimous consent that the Senate be portant to his fellow Kentuckians and River, which flows through Butler in a period of morning business, with the Commonwealth he loves. In doing County, brings the potential for trans- Senators permitted to speak therein so, he shared firsthand insights with portation and commerce. I had the op- for up to 10 minutes each. his readers about the happenings in portunity to work closely with David

VerDate Sep 11 2014 04:59 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.038 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7653 during our effort to transfer the owner- tion’s president. One of the associa- in the county. Together, we prioritized ship of the Rochester from the U.S. tion’s initiatives, which James helped resources to expand the highway, pro- Army Corps of Engineers, USACE, to found, is the Help A Veteran Everyday, moting safety for both families and the local community. The dam, which H.A.V.E., Program. James spearheaded commercial travelers. is more man 175 years old and provides one of their projects, which involves As he begins his well-deserved retire- a vital water supply to nearly 50,000 repurposing license plates into bird ment, I am confident Terry looks for- Kentuckians, had fallen into disrepair houses. The finished products can then ward to spending more time with his and its uncertain status with the be purchased at the clerk’s offices. loving family. With Carmen, his wife of USACE threatened Butler County’s Through these efforts, James is helping 40 years, they are proud parents to economic future. With David’s advo- support Kentucky’s men and women Lynlea and grandparents to Lyndon cacy, I inserted a provision in a recent who served our Nation in uniform. and Gwyneth. I wish the entire Martin water infrastructure bill transferring Whatever retirement may hold in family the very best as they take this control of the dam to the local commu- store for James, I wish him all the next step together. Along with all nity. best. Perhaps he will spend more time those who have benefited from Terry’s Last year, I also proudly supported on his hobbies, like gardening or fish- service to Hart County and to our Com- the Rochester Dam Regional Water ing. I have no doubt that he will be en- monwealth, I would like to say thank Commission’s application for an eco- joying more time with his wife, Betty, you. He’s been a good friend and a nomic development grant to renovate daughters, Danika and Wendy, and strong leader for Kentucky. I urge my the dam and secure its future for the grandchildren, Kelsey and R.J. As he Senate colleagues to join me in con- area. With a $3 million investment, begins his well-deserved retirement, I gratulating Judge Terry Martin for a local leaders like David can continue would like to congratulate James on a job well-done and wishing him a ful- to help this region grow and benefit distinguished career. I urge my Senate filling retirement. Kentuckians for years to come. colleagues to join me in thanking f Although I am sorry to see him go, I James for his remarkable public serv- TRIBUTE TO SARAH NICHOLSON wish David a wonderful retirement. I ice to Leslie County and to the Com- Mr. MCCONNELL. Mr. President, it is am told he looks forward to spending monwealth of Kentucky. my pleasure today to pay tribute to more time with Virginia, his son, Greg, f and two granddaughters. I would like Sarah Nicholson, a great Kentuckian to thank David for his leadership of TRIBUTE TO TERRY MARTIN who recently retired from a nearly four-decade career with the Kentucky Butler County and for his dedicated Mr. MCCONNELL. Mr. President, it is Hospital Association, KHA. Serving as service to its citizens. I urge my Sen- my privilege to salute my friend, Hart the vice president of government rela- ate colleagues to join me in congratu- County judge-executive Terry Martin, tions for the statewide professional lating David on this remarkable mile- as he completes his career of public trade association representing hos- stone. service. Since he took office in 2005, pitals throughout the Commonwealth, f Terry has dedicated nearly every wak- ing hour to his constituents. As he be- Sarah earned a strong reputation for TRIBUTE TO JAMES LEWIS gins the next chapter of his life, I her legislative acumen and her tireless Mr. MCCONNELL. Mr. President, I would like to remember his lasting advocacy. As the leader of the association’s would like to take a moment to con- record of success and to express my public affairs operations, Sarah has gratulate my friend, Leslie County sincere gratitude. worked with members of the Kentucky clerk James Lewis, on his upcoming re- After graduating from Western Ken- General Assembly and the executive tirement from public service. For more tucky University, Terry spent 27 years branch for the advancement of our than three decades, James has worked in education. He was a teacher, an ad- State’s hospitals. She was also tasked for his neighbors in local government, ministrator, and a coach helping to with supporting beneficial legislation earning respect throughout the county guide the next generation. In 2005, at the Federal level. As my staff and I and the Commonwealth. As he prepares Terry was appointed by the Governor have worked with the KHA through the to leave the Leslie County Clerk’s Of- to serve as Hart County’s judge-execu- years, Sarah was an effective advocate fice, I want to thank him for his tire- tive, the leading elected official in for its priorities. less work and dedication to our State. county government. For Terry, enter- In addition to her diligent work for First elected in 1985, James has been ing public service was like joining the the KHA, Sarah is passionate about a fixture of his community for more family business. His father, Elroy, was bettering educational opportunities than a generation. Of the many respon- a city judge, a local fire chief, and a around Kentucky. At her alma mater, sibilities of a county clerk, perhaps the county magistrate. His brother, Glenn, Western Kentucky University, she most important is the operation and was also a magistrate and part of this served on its board of advisers, its col- safeguarding of Americans’ access to noble family tradition. The drive to lege of health and human services advi- the ballot box. Throughout his service serve his neighbors just seems to run in sory board, and its alumni board. as county clerk, James has overseen Terry’s veins. Sarah was also a representative on the nearly 60 elections, including every of- In the county’s top job, Terry had a Kentucky Council on Postsecondary fice from jailer to the President of the lot of responsibilities. With a goal to Education Inter-Alumni Council and United States. Although the tech- provide essential services to the resi- the Centre College Parents Advisory nologies involved may have changed, dents in a fiscally responsible way, Committee. his commitment to his office has never Terry consistently went beyond the As Sarah begins the next chapter of wavered. I have had the pleasure to typical job description. I hear he would her life, I am confident that she is work with James on a number of even drive a snow plow during winter looking forward to spending more qual- projects throughout the years. His pas- storms. As a former county judge-exec- ity time with her family, especially her sion for the people of Leslie County is utive myself, I know firsthand how dif- husband, retired Jefferson County Dis- apparent in everything he does, and ficult a job this can be. Whatever chal- trict Judge James C. Nicholson, and they have been served well by his time lenge he may have faced, Terry consist- their three children. I hope she enjoys in office. ently excelled and earned the trust of every well-deserved time with them. I James became a respected leader his constituents and his colleagues. ask my Senate colleagues to join me in among all 120 county clerks through- During his time in office, I have en- congratulating Sarah Nicholson on her out the Commonwealth. From 1994 to joyed working with Terry on a number retirement and thanking her for her this year, he served as the chairman of of projects to help Kentucky, We col- work on behalf of Kentucky. the Kentucky County Clerk’s Associa- laborated with the Green River Valley f tion Election Committee, adminis- Water District to deliver drinking trating election training for all other water to rural parts of the county. TRIBUTE TO SCOTT REYNOLDS clerks for more than 20 years. Between Terry also identified the alarming fre- Mr. MCCONNELL. Mr. President, 1999–2000, James served as the associa- quency of collisions along Interstate 65 later this month, one of Louisville’s

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.046 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7654 CONGRESSIONAL RECORD — SENATE December 17, 2018 finest broadcast journalists, Scott Rey- John Andrew Rickett of Wayne Coun- reaching a high cost of nearly $80,000 nolds, will be signing off the air at ty, KY, who passed away earlier this per month. When county officials Wave 3 News for the last time. For year at the age of 94. As a proud mem- brought the idea to my attention, I more than 20 years, Scott has brought ber of the ‘‘greatest generation,’’ J.A. stepped in to help. In addition to funds his passion for Louisville and commit- served in the U.S. Army Air Corps dur- raised by the community and at the ment to professionalism to our local ing World War II before returning to State level, I directed Federal re- NBC affiliate. Along the way, he has service again to fight in the Korean sources to the project to help complete won awards, built friendships, and war. J.A. was a leader in his commu- it. Working together with Tommy for a earned the respect of his viewers. As he nity, providing guidance to all those number of years, I was delighted to see prepares to leave Wave 3, I would like around him, and he will be remembered the facility become fully functional to take a moment to honor his career by many. earlier this year, with the capacity to of accomplishment in Kentucky. Born and raised in Wofford, J.A. in- pump 2 million gallons of water per Scott grew up on a dairy farm an terrupted his high school studies and day. hour outside of Minneapolis, MN. A was drafted into the Army Air Corps. The Monroe County Water District’s fierce competitor, he loved playing Arriving in England 1 month prior to treatment plant is just one example of baseball and watching the professionals D-Day, J.A. flew as a B17 waist gunner Tommy’s lasting impact on behalf of on television. Later in his life, Scott on several missions over Europe. His his constituents. With a constant drive would bring that same competitive na- service played an important role in to help Kentuckians however possible, ture to his work on the other side of helping the Allies win the war. he should be proud of his time in office. the camera as a broadcaster. After After his service in the Second World As he ends his public service, I extend graduating college, he moved to north- War, J.A. met the love of his life, my warm wishes for a restful retire- ern Idaho to work for a local radio sta- Frieda. He dedicated the next 64 years ment. Whatever the future may hold tion. Throughout his career, Scott has to the service and love of his wife and for Tommy, I hope he enjoys more time worked in several markets, including their children. J.A. earned his bach- with his sons, Scott and James, and his Cedar Rapids, IA, Las Vegas, NV, and elor’s degree in agriculture from the four grandchildren, I ask my Senate eventually back near his home in Min- University of Kentucky, where he was colleagues to join me in congratulating neapolis. also active in the Reserve Officers’ Judge-Executive Tommy Willett for It’s from there that Wave 3 convinced Training Corps, ROTC. Upon grad- his public service in Kentucky. Scott to accept a new adventure in uating, he received a commission into Mr. BLUMENTHAL. Mr. President, I Louisville in 1996. He was ready for the the Army as a lieutenant and was ask unanimous consent that this letter intense market, even describing a con- drafted once again and sent to Korea. from 44 former U.S. Senators be print- stant ‘‘news war’’ in local television. When he returned, J.A. began worked in the CONGRESSIONAL RECORD. There being no objection, the mate- He is clearly thriving in the competi- ing for the UK Extension Service, ini- rial was ordered to be printed in the tion. Now the anchor of the 5, 6, and 11 tially as an agriculture agent but later RECORD, as follows: pm newscasts, Scott was even recog- as a 4H Agent in Monticello. His family nized among his peers in 2016 winning remembers that it was with the 4H that DECEMBER 10, 2018. DEAR SENATE COLLEAGUES: As former an Emmy. he found great joy. Because of his members of the U.S. Senate, Democrats and Although he has earned his seat be- many years of work with the 4H, J.A. is Republicans, it is our shared view that we hind the anchor’s desk, that doesn’t known for his care and respect for sev- are entering a dangerous period, and we feel mean Scott necessary stays there. In eral generations of youth in Wayne an obligation to speak up about serious chal- fact, I have heard some of his favorite County. lenges to the rule of law, the Constitution, segments have come from the field, in- Elaine and I send our condolences to our governing institutions and our national cluding his coverage of the U.S. Su- his children, Cassandra, Jerry, Re- security. We are on the eve of the conclusion of spe- preme Court’s Bush v. Gore decision in becca, and John, and their friends. I cial counsel Robert S. Mueller III’s inves- 2000 and his trip to the 2002 Winter ask my Senate colleagues to join me in tigation and the House’s commencement of Olympics in Salt Lake City. remembering the life of a great man, investigations of the president and his ad- I have enjoyed the many times have J.A. Rickett. ministration. The likely convergence of gotten to speak with Scott about my f these two events will occur at a time when work in the U.S. Senate. Discussing a simmering regional conflicts and global broad range of topics important to TRIBUTE TO TOMMY WILLETT power confrontations continue to threaten Kentuckians throughout the years, I Mr. MCCONNELL. Mr. President, our security, economy and geopolitical sta- after leading the Monroe County gov- bility. am grateful for his balanced demeanor It is a time, like other critical junctures in and commitment to integrity. Every ernment for nearly a decade, my friend our history, when our nation must engage at time he interviewed me, it was clear I County judge-executive Tommy Willett every level with strategic precision and the was talking to one of the best in the will retire at the end of his term. I hand of both the president and the Senate. business. would like to take a moment to con- We are at an inflection point in which the Although broadcast journalism is a gratulate him on his accomplishments foundational principles of our democracy fast-paced, time-consuming job, Scott during his time in office and to thank and our national security interests are at still finds time for his many hobbies, him for his leadership. stake, and the rule of law and the ability of In 2011, Tommy answered the call of our institutions to function freely and inde- including charity work with the Juve- pendently must be upheld. nile Diabetes Research Foundation and public service, stepping away from his During our service in the Senate, at times the American Red Cross. The rest of successful business career to run for of- we were allies and at other times opponents, his time is devoted to his wife and five fice. The job isn’t an easy one. Speak- but never enemies. We all took an oath children: Haley, Connor, Tyler, and ing as a former judge-executive myself, swearing allegiance to the Constitution. twins Matthew and Logan. I would like I know firsthand the broad range of re- Whatever united or divided us, we did not to extend my warmest wishes to Scott sponsibilities that fall into the job de- veer from our unwavering and shared com- scription. But whatever the challenge, mitment to placing our country, democracy with gratitude for his work at Wave 3 and national interest above all else. News. I know his drive and talent will Tommy always worked to better the At other critical moments in our history, be missed. I would like to ask my Sen- lives of the men and women of Monroe when constitutional crises have threatened ate colleague to join me in congratu- County. our foundations, it has been the Senate that lating Scott Reynolds on a job well I would like to mention one par- has stood in defense of our democracy. Today done. ticular project I had the privilege to is once again such a time. Regardless of party affiliation, ideological f work on with Tommy. More than a decade ago, the community began dis- leanings or geography, as former members of this great body, we urge current and future REMEMBERING JOHN ANDREW cussing plans to construct its own RICKETT Senators to be steadfast and zealous guard- water treatment facility. At that time, ians of our democracy by ensuring that par- Mr. MCCONNELL. Mr. President, the county was purchasing water from tisanship or self-interest not replace na- today I wish to remember the life of the city of Tompkinsville, eventually tional interest.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.025 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7655 Max Baucus,(Montana); Evan Bayh, (Indi- Megan has excelled in her work. A ca- Kyle Wilson was born and raised in ana); Jeff Bingaman, (New Mexico); Bill reer maintainer, Megan has served as a Sidney, MT. A lifelong Montanan who Bradley, (New Jersey); Richard Bryan, (Ne- lead technician, flying crew chief, sec- graduated from Sidney High School in vada); Ben Nighthorse Campbell, (Colorado); 2011. Kyle, dedicated his life to public Max Cleland, (Georgia); William Cohen, tion chief, and flight line production (Maine); Kent Conrad, (North Dakota); Al superintendent. As a testament to her service, by joining the U.S. Navy. Hard D’Amato, (New York); John Danforth, (Mis- capabilities, in February 2012, Megan working and disciplined are a few of souri); Tom Daschle, (South Dakota); Dennis was selected for a position on the joint the words used to describe those who DeConcini, (Arizona); Chris Dodd, (Con- staff, working for the Senior Enlisted join the, Armed Forces, and Kyle is the necticut); Byron Dorgan, (North Dakota). Advisor to the Chairman of the Joint epitome of a hard working seaman. David Durenberger, (Minnesota); Russ Chiefs of Staff. In that position she was Anthony Byrns, Montana native, Feingold, (Wisconsin); Wyche Fowler, (Geor- the program manager and confidential from Hot Springs truly grew up know- gia); Bob Graham, (Florida); Chuck Hagel, ing the meaning of small town. Fol- (Nebraska); Tom Harkin, (Iowa); Gary Hart, adviser on matters including joining (Colorado); Bennett Johnston, (Louisiana); forces, the Women in Service Review, lowing the footsteps of many in his Bob Kerrey, (Nebraska); John Kerry, (Massa- the Yellow Ribbon Program, and per- family, Anthony joined the U.S. Navy chusetts); Paul Kirk, (Massachusetts); Mary sonnel readiness. directly following his graduation from Landrieu, (Louisiana); Joe Lieberman, (Con- She has used her extensive experi- Hot Springs High School in 2015. An- necticut); Blanche Lincoln, (Arkansas); ence in the Air Force and the joint thony has been a dedicated leader, tak- Richard Lugar, (Indiana). staff to help me serve Arkansans. ing initiative of the opportunities set Barbara Mikulski, (Maryland); Ben Nelson, before him. Proud of his small town (Nebraska); Sam Nunn, (Georgia); Larry Throughout her tenure on my staff, Pressler, (South Dakota); David Pryor, (Ar- Megan demonstrated the Air Force heritage, he is honored to represent kansas); Don Riegle, (Michigan); Chuck core values of ‘‘Integrity First, Service Montanans. Robb, (Virginia); Jay Rockefeller, (West Vir- Before Self, and Excellence In All We Kyle Wilson and Anthony Byrns are a ginia); Jim Sasser, (Tennessee); Alan Simp- Do.’’ I relied upon Megan’s input on all part of just 1 percent of the Navy who son, (Wyoming); Mark Udall, (Colorado); matters of defense and veterans’ pol- were chosen to be in the Navy Ceremo- John Warner, (Virginia); Lowell Weicker, nial Guard. Upon selection they both (Connecticut); Tim Wirth, (Colorado). icy. Megan drafted legislation, recommended policy positions, staffed me went through Ceremonial Guard f at Senate Veterans’ Affairs Committee School, an 8-week program where they learn the protocol for important mili- TRIBUTE TO JANAN EVANS- hearings, represented me in meetings, tary ceremonies such as funerals. With WILENT and helped support my priorities dur- the passing the late President H.W. ing the appropriations process. She Mr. THUNE. Mr. President, today I Bush, both Wilson and Byrns were se- also assisted me in my role as a cochair wish to recognize Ms. Janan Evans- lected to carry his casket during the of the Senate Air Force Caucus. Megan Wilent, a Knauss Sea Grant fellow on state ceremony, an honor of a life time. the U.S. Senate Committee on Com- supported multiple congressional dele- I commend both Kyle and Anthony merce, Science, and Transportation, gation trips to Air Force bases and co- for their diligent service to this coun- for all of the hard work she has done ordinated meetings between Senators, try and congratulate them for rep- for me, my staff, and other members of the Secretary of the Air Force, and the resenting Montana with honor and the committee over the past year. Chief of Staff of the Air Force. pride. I look forward to seeing their fu- Ms. Evans-Wilent has leveraged her Megan was well versed in the subject ture success as they continue to make scientific expertise to inform public matter and fully steeped in research, all Montanans proud.∑ policy, having worked on several pieces and she always supplemented her f of legislation that have passed the Sen- knowledge with insights from her per- ate and several others being considered sonal experience as a senior enlisted TRIBUTE TO DAVE BUSIEK by the Committee on Commerce, leader in the military. In true senior ∑ Mr. GRASSLEY. Mr. President, I Science, and Transportation. Her con- NCO fashion, Megan made time during would like to pay tribute to an Iowan tributions have helped ensure the prop- her year as a fellow to mentor junior whose stewardship at a leading tele- er management of our natural remembers of my staff, providing career vision news station in Des Moines, IA, sources and the continued protection advice, offering information about ex- has strengthened the principles of good and prosperity of our Nation. Her con- ecutive branch functions, and talking government, transparency and the tributions will help improve drought about professional development oppor- public’s right to know. monitoring for farmers and improved tunities. As a member of the broadcast press coastal management across the Nation. As the son of an Air Force master corps for four decades, Dave Busiek un- I would like to extend my sincere sergeant, I am especially proud to have derstands that freedom of the press is thanks and appreciation to Ms. Evans- hosted an enlisted fellow this year. I fundamental to liberty in this country. Wilent for all of the fine work she has am only surprised that Megan is not I often say that journalists serve an done. I wish her continued success in yet a chief master sergeant, and I look important role in our system of checks her new career at the Federal Emer- forward to attending her promotion to and balances, which preserves liberty. gency Management Agency in the chief in the very near future. They are integral to keeping an en- years to come. Megan, thank you for all you have gaged and infoimed citizenry. They re- f done for Arkansas while working on port corruption, weed out wrongdoing, my staff. To her husband Chris—also and hold government accountable to TRIBUTE TO SENIOR MASTER an Air Force senior enlisted leader— the American people. SERGEANT MEGAN PARROTT and their two daughters, Natalie and Throughout my public service and Mr. BOOZMAN. Mr. President, today Emily, I say thank you for sharing political life, I hold myself accountable I wish to recognize and highlight the your amazing wife and mother with my to Iowans by making myself accessible significant contributions of Megan team this year. to members of the media. I hold regular news conferences and answer their Parrott, my 2018 Air Force fellow. f SMSgt Megan Parrott began her fel- questions in the hallways of the U.S. lowship in my office in January and ADDITIONAL STATEMENTS Capitol and after my county meetings immediately became an invaluable at home in Iowa. member of my staff. Her work as a part It is a commitment I have kept since TRIBUTE TO KYLE WILSON AND of my national security team has been my first campaign for the U.S. Senate ANTHONY BYRNS beneficial in the efforts of my office to back in 1980. And that happens to be advocate and improve life for service- ∑ Mr. DAINES. Mr. President, this the year my political path crossed with members, veterans, and Arkansans. week I have the honor of recognizing Dave Busiek. In fact, for as long as I Megan was born in Longbranch, NJ, two outstanding Montanan men. Kyle have served Iowans in the U.S. Senate, and enlisted in the Air Force in 1999. Wilson of Richland County and An- Dave Busiek has served the people of In her 19-year military career, both thony Byrns of Sanders County for Iowa in broadcast journalism: as a re- on Active Duty and in the Reserves, their dedicated service to this country. porter, anchor, and news director at

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.054 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7656 CONGRESSIONAL RECORD — SENATE December 17, 2018 KCCI-TV in Des Moines, where he Court has affirmed that the public has in my Washington, DC, office, for all of started in 1979 after working for 3 years a right to know what happens in our the hard work he has done for me, my at WHO Radio. courts. Dave and I agree that the staff, and the State of South Dakota Dave has led coverage of breaking media can serve as an important surro- over the past several months. news events, natural disasters, govern- gate to allow the court of public opin- Josiah is a graduate of Milbank High ment and politics, and human interest ion to bear witness to the court of law School in Milbank, SD. Currently, he is stories that keep Iowans informed. through the unfiltered lens of a cam- attending Concordia College in Moor- When there has been a story to tell and era. Specifically, audio/visual stream- head, MN, where he is pursuing a de- information that matters to Iowans, ing and broadcasting of the Federal gree in global studies and political Dave has led the coverage over the courts would enhance better apprecia- science. He is a hard worker who has span of four decades. Twenty-nine tion and understanding of the Federal been dedicated to getting the most out years ago, he covered the United Flight judiciary, a coequal branch of the Fed- of his internship experience. 232 plane crash in Sioux City. He made eral Governnent. That was 18 years I extend my sincere thanks and ap- sure Iowans knew what they needed to ago. And I am not giving up on getting preciation to Josiah for all of the fine know during the historic floods of 1993 this bill signed into law. They say slow work he has done and wish him contin- and during the tornadoes in and steady wins the race. The people of ued success in the years to come. Marshalltown, Pella, and surrounding Iowa graciously put me on this fence f communities this past summer. With post and I am committed to fighting fairness, accuracy and objectivity, the fight as long as I am serving in the TRIBUTE TO SEAN ZIMNY Dave has led a team of journalists to U.S. Senate. ∑ Mr. THUNE. Mr. President, today I I congratulate Dave Busiek on a re- report the news that affects the lives of recognize Sean Zimny, an intern in my markable career. His legacy will con- Iowans, including decades of coverage Washington, DC, office, for all of the tinue to shine long after he signs off as of one my favorite places in Iowa: The hard work he has done for me, my news director through the lens of Iowa State Fair. staff, and the State of South Dakota countless journalists he has trained Of course, Iowa is considered ground over the past several months. and mentored along the way.∑ zero for the presidential campaign trail Sean is a graduate of Milbank High and all things politics. Dave’s political f School in Milbank, SD. Currently, he is coverage extends to six Iowa Governors RECOGNIZING SCHILLING BEER CO. attending Concordia College in Moor- and dates back to George H.W. Bush ∑ Ms. HASSAN. Mr. President, last head, MN, where he is pursuing degrees beating Ronald Reagan in the 1980 cau- in sociology and social activism. He is cuses. As I mentioned earlier, he cov- month, as fires raged across northern California, a New Hampshire family a hard worker who has been dedicated ered my first Senate campaign in 1980 to getting the most out of his intern- and 35 years later, partnered with CBS business stepped up to help. For their efforts, I am proud to recognize Dr. ship experience. News and the Des Moines Register to Bruce Cozzens, his sons Jeff, Stuart, I extend my sincere thanks and ap- cosponsor the Democratic Debate for and Matt; long-time friend John preciation to Sean for all of the fine President at Drake University. work he has done and wish him contin- His 29-year tenure as news director at Lenzini, as well as head brewer Chris ued success in the years to come.∑ KCCI helped the station win countless Deapo of Schilling Beer Co. as Decem- awards for journalistic excellence. In ber 2018’s Granite Staters of the Month. f Schilling Beer Co. was founded in 2002, he was elected chair of the Radio- 2013 by friends and family who are MESSAGE FROM THE HOUSE Television News-Directors Association deeply committed to their community, and was named News Director of the At 3:05 p.m., a message from the and one of their core values as a busi- Year in 2014 by Broadcasting and Cable House of Representatives, delivered by ness is looking out for others. As CEO Mrs. Cole, one of its reading clerks, an- Magazine. He was inducted this sum- Jeff Cozzens put it, ‘‘part of living this mer into the Iowa Broadcasters Asso- nounced that pursuant to section value means that we help others when- 1501(c) of the FAA Reauthorization Act ciation Hall of Fame. He understands ever it is within our power do so.’’ that good content is integral to sur- of 2018 (Public Law 115–254), the Minor- As the Camp Fire blazed, Schilling ity Leader appoints the following indi- vival from an economic standpoint and Beer Co. agreed to be part of a national obviously, good content matters to vidual on the part of the House of Rep- ‘‘Resilience’’ fundraiser spearheaded by resentatives to the Syria Study Group: good government and quality jour- Sierra Nevada Brewing. As part of the nalism. He pursued KCCI’s expansion Ms. Anne W. Patterson of Falls Church, initiative, Schilling Beer Co. will join Virginia. into social media where the news sta- breweries across the country to help tion provides weather and breaking brew the Resilience Butte Country f news coverage across all digital plat- Proud IPA, of which all of the proceeds INTRODUCTION OF BILLS AND forms to its consumers. Whether on-air will go to relief efforts in Butte Coun- JOINT RESOLUTIONS or online, Dave has worked to stay on ty, CA. Schilling Beer Co. also played top of the news, day after day, for four an important role by lending their The following bills and joint resolu- decades. trademarked name of ‘‘Resilience,’’ tions were introduced, read the first Dave Busiek is not a native Iowan, their American ale project, to the and second times by unanimous con- but we sure are glad he has called Iowa cause. sent, and referred as indicated: home since graduating from the Mis- In Jeff’s words, ‘‘Butte County resi- By Mr. PAUL (for himself, Mr. CRUZ, souri School of Journalism. Remark- dents have suffered a tragedy of un- and Mr. GRASSLEY): ably, he is only the third news director speakable proportions,’’ and the brew- S. 3760. A bill to amend the Federal Water Pollution Control Act to clarify the defini- at KCCI since it first aired in 1955. ery was honored to be able to play a From viewers to voters, I know that tion of navigable waters, and for other pur- role in assisting them. poses; to the Committee on Environment and Iowans carry a high bar of expecta- I am extremely grateful for their Public Works. tions. Dave earned his rise through the generosity and efforts to help the vic- By Mr. PAUL: ranks and certainly has raised the bar tims of the California wildfires, and I S. 3761. A bill to provide regulatory relief even higher for his peers in the profes- am proud to recognize the Cozzens and to alternative fuel producers and consumers, sion. Lenzini families of Schilling Beer Co., and for other purposes; to the Committee on I would like to thank Dave Busiek as well as head brewer Chris Deapo, as Environment and Public Works. for his service, professionalism and in- the December Granite Staters of the By Mr. BROWN (for himself, Mr. MUR- PHY, Mr. BLUMENTHAL, Mr. DURBIN, tegrity in broadcast journalis also like Month.∑ to thank him for his testimony at a and Mr. CARPER): f S. 3762. A bill to amend the Higher Edu- congressional hearing I led back in TRIBUTE TO JOSIAH LINDQUIST cation Opportunity Act to restrict institu- 2000. He testified in support of my bitions of higher education from using reve- partisan legislation to allow cameras Mr. THUNE. Mr. President, today I nues derived from Federal educational as- in Federal courtrooms. The Supreme recognize Josiah Lindquist, an intern sistance funds for advertising, marketing, or

VerDate Sep 11 2014 04:59 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.055 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7657 recruiting purposes; to the Committee on the child tax credit fully refundable, SUBMITTED RESOLUTIONS Health, Education, Labor, and Pensions. establish an increased child tax credit f for young children, and for other purposes. SENATE RESOLUTION 732—EX- SUBMISSION OF CONCURRENT AND S. 2122 PRESSING THE SENSE OF THE SENATE RESOLUTIONS SENATE THAT THE UNITED At the request of Mr. MERKLEY, the The following concurrent resolutions name of the Senator from Delaware STATES SHOULD RECOGNIZE ISRAEL’S SOVEREIGNTY OVER and Senate resolutions were read, and (Mr. COONS) was added as a cosponsor referred (or acted upon), as indicated: of S. 2122, a bill to amend the Fair THE GOLAN HEIGHTS By Mr. CRUZ (for himself and Mr. COT- Labor Standards Act of 1938 regarding Mr. CRUZ (for himself and Mr. COT- TON): reasonable break time for nursing TON) submitted the following resolu- S. Res. 732. A resolution expressing the mothers. tion; which was referred to the Com- sense of the Senate that the United States should recognize Israel’s sovereignty over S. 2407 mittee on Foreign Relations: the Golan Heights; to the Committee on For- At the request of Ms. HASSAN, the S. RES. 732 eign Relations. name of the Senator from Pennsyl- Whereas, until 1967, Syria controlled the f vania (Mr. CASEY) was added as a co- Golan Heights and used the topographical sponsor of S. 2407, a bill to establish a advantage it provided to attack Israeli ADDITIONAL COSPONSORS career pathway grant program. troops and civilians; Whereas, in June 1967, Syria intensified its S. 352 S. 3247 attacks against Israel from the Golan At the request of Mr. CORKER, the At the request of Mr. BOOZMAN, the Heights, and Israel captured the Golan name of the Senator from Virginia (Mr. name of the Senator from Washington Heights in a defensive war; WARNER) was added as a cosponsor of S. (Ms. CANTWELL) was added as a cospon- Whereas, in October 1973, the Golan 352, a bill to award a Congressional sor of S. 3247, a bill to improve pro- Heights provided Israel with critical stra- Gold Medal to Master Sergeant grams and activities relating to wom- tegic depth to repel a surprise attack by Syr- Rodrick ‘‘Roddie’’ Edmonds in recogni- en’s entrepreneurship and economic ian forces; tion of his heroic actions during World Whereas, on September 1, 1975, President empowerment that are carried out by Gerald Ford provided a diplomatic assurance War II. the United States Agency for Inter- to Israel that ‘‘the U.S. will support the posi- S. 548 national Development, and for other tion that an overall settlement with Syria in At the request of Ms. CANTWELL, the purposes. the framework of a peace agreement must name of the Senator from Connecticut S. 3521 assure Israel’s security from attack from the Golan Heights’’ and that ‘‘the U.S. has not (Mr. BLUMENTHAL) was added as a co- At the request of Mr. CASEY, the sponsor of S. 548, a bill to amend the developed a final position on the borders. name of the Senator from Alabama Should it do so it will give great weight to Internal Revenue Code of 1986 to re- (Mr. JONES) was added as a cosponsor Israel’s position that any peace agreement form the low-income housing credit, of S. 3521, a bill to amend the Public with Syria must be predicated on Israel re- and for other purposes. Health Service Act to improve the maining on the Golan Heights’’; S. 1089 health of children and help better un- Whereas, in October 1991, Secretary of At the request of Mr. PORTMAN, the derstand and enhance awareness about State James Baker provided a diplomatic as- name of the Senator from Delaware unexpected sudden death in early life. surance to Israel that ‘‘the United States continues to stand behind the assurance (Mr. CARPER) was added as a cosponsor S. 3622 given by President Ford to Prime Minister of S. 1089, a bill to require the Sec- At the request of Mr. MENENDEZ, the Rabin on September 1, 1975’’; retary of Energy to review and update name of the Senator from Delaware Whereas, in 1981, Israel applied its ‘‘law, ju- a report on the energy and environ- (Mr. COONS) was added as a cosponsor risdiction, and administration’’ over the mental benefits of the re-refining of of S. 3622, a bill to condemn gross Golan Heights and has controlled the Golan used lubricating oil. human rights violations of ethnic Heights for 51 years; Whereas, since 2011, Syrian dictator Bashar S. 1101 Turkic Muslims in Xinjiang, and call- al-Assad has killed hundreds of thousands of At the request of Mr. CASEY, the ing for an end to arbitrary detention, Syrian civilians, including with weapons of names of the Senator from Michigan torture, and harassment of these com- mass destruction, and has pursued an ethnic (Mr. PETERS) and the Senator from munities inside and outside China. cleansing campaign against Syrian Sunnis; Delaware (Mr. COONS) were added as co- S. 3702 Whereas Iran has used the war in Syria to sponsors of S. 1101, a bill to eliminate At the request of Mr. WYDEN, the establish a military presence in the Levant, discrimination and promote women’s name of the Senator from Minnesota including thousands of Iranian troops and health and economic security by ensur- proxies, and now seeks to create territorial (Ms. SMITH) was added as a cosponsor corridors that solidify its control, expand its ing reasonable workplace accommoda- of S. 3702, a bill to amend title XIX of activities, establish a permanent military tions for workers whose ability to per- the Social Security Act to prevent the presence, and provide arms to its terrorist form the functions of a job are limited misclassification of drugs for purposes proxies; by pregnancy, childbirth, or a related of the Medicaid drug rebate program. Whereas Iran is the world’s leading state medical condition. S. RES. 717 sponsor of terrorism and the leaders of Iran regularly threaten to wipe out Israel; S. 1906 At the request of Mrs. FEINSTEIN, the Whereas Iran and its proxies have repeat- At the request of Mr. MARKEY, the name of the Senator from Michigan edly attacked Israel from inside Syria, in- names of the Senator from Maryland (Ms. STABENOW) was added as a cospon- cluding in February 2018 when Iranian forces (Mr. VAN HOLLEN), the Senator from sor of S. Res. 717, a resolution honoring infiltrated Israel with a drone and in May Minnesota (Ms. KLOBUCHAR) and the the life and legacy of Rebecca Teresa 2018 when Iranian forces shelled the Golan Senator from Oregon (Mr. MERKLEY) Weichhand. Heights; Whereas, in December 2014, Congress were added as cosponsors of S. 1906, a AMENDMENT NO. 4109 unanimously resolved that the United States bill to posthumously award the Con- At the request of Mr. KENNEDY, the gressional Gold Medal to each of Glen supported the sovereign right of the Govern- names of the Senator from Pennsyl- ment of Israel to defend its territory and its Doherty, Tyrone Woods, J. Christopher vania (Mr. TOOMEY), the Senator from citizens from attacks against Israel by Stevens, and Sean Smith in recogni- Arizona (Mr. KYL), the Senator from Hamas, a terrorist group supported by Iran; tion of their contributions to the Na- Wyoming (Mr. BARRASSO) and the Sen- and tion. ator from Nebraska (Mr. SASSE) were Whereas Israel’s control over the Golan S. 2018 added as cosponsors of amendment No. Heights provides a defensible border, deters attacks from hostile forces, facilitates intel- At the request of Mr. BENNET, the 4109 proposed to S. 756, a bill to reau- ligence gathering, and allows Israel to detect name of the Senator from Minnesota thorize and amend the Marine Debris threats to its national security: Now, there- (Ms. KLOBUCHAR) was added as a co- Act to promote international action to fore, be it sponsor of S. 2018, a bill to amend the reduce marine debris, and for other Resolved, That it is the sense of the Senate Internal Revenue Code of 1986 to make purposes. that—

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(1) the United States supports the sov- SA 4125. Ms. HARRIS submitted an amend- SA 4108 proposed by Mr. MCCONNELL (for Mr. ereign right of the Government of Israel to ment intended to be proposed to amendment GRASSLEY) to the bill S. 756, supra; which defend its territory and its citizens from at- SA 4108 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. tacks against Israel, including by Iran or its GRASSLEY) to the bill S. 756, supra; which SA 4143. Mr. SASSE submitted an amend- proxies; was ordered to lie on the table. ment intended to be proposed to amendment (2) Israel’s sovereignty over the Golan SA 4126. Mr. MANCHIN submitted an SA 4108 proposed by Mr. MCCONNELL (for Mr. Heights is critical to Israel’s national secu- amendment intended to be proposed to GRASSLEY) to the bill S. 756, supra; which rity; amendment SA 4108 proposed by Mr. MCCON- was ordered to lie on the table. (3) Israel’s security from attack from Syria NELL (for Mr. GRASSLEY) to the bill S. 756, SA 4144. Mr. SASSE submitted an amend- and Lebanon cannot be assured without supra; which was ordered to lie on the table. ment intended to be proposed to amendment Israeli sovereignty over the Golan Heights; SA 4127. Mr. CARDIN submitted an amend- SA 4108 proposed by Mr. MCCONNELL (for Mr. (4) it is in the United States’ national secu- ment intended to be proposed to amendment GRASSLEY) to the bill S. 756, supra; which rity interest to ensure Israel’s security; SA 4108 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. (5) it is in the United States’ national secu- GRASSLEY) to the bill S. 756, supra; which SA 4145. Mr. PETERS (for himself and Mr. rity interest to ensure that the Assad regime was ordered to lie on the table. CORNYN) submitted an amendment intended faces diplomatic and geopolitical con- SA 4128. Mr. CARDIN submitted an amend- to be proposed to amendment SA 4108 pro- sequences for the killing of civilians, the ment intended to be proposed to amendment posed by Mr. MCCONNELL (for Mr. GRASSLEY) ethnic cleansing of Syrian Sunnis, and the SA 4108 proposed by Mr. MCCONNELL (for Mr. to the bill S. 756, supra; which was ordered to use of weapons of mass destruction, includ- GRASSLEY) to the bill S. 756, supra; which lie on the table. ing by ensuring that Israel retains control of was ordered to lie on the table. SA 4146. Mr. THUNE submitted an amend- SA 4129. Mr. TOOMEY submitted an the Golan Heights; and ment intended to be proposed to amendment amendment intended to be proposed by him (6) the United States should recognize SA 4108 proposed by Mr. MCCONNELL (for Mr. to the bill S. 756, supra; which was ordered to Israel’s sovereignty over the Golan Heights. GRASSLEY) to the bill S. 756, supra; which lie on the table. was ordered to lie on the table. f SA 4130. Mr. CRUZ submitted an amend- SA 4147. Mr. SCHUMER submitted an AMENDMENTS SUBMITTED AND ment intended to be proposed to amendment amendment intended to be proposed by him PROPOSED SA 4108 proposed by Mr. MCCONNELL (for Mr. to the bill S. 756, supra; which was ordered to GRASSLEY) to the bill S. 756, supra; which lie on the table. SA 4115. Mr. MCCONNELL (for Mr. WICKER was ordered to lie on the table. SA 4148. Mr. SCHUMER submitted an (for himself and Mr. MANCHIN)) proposed an SA 4131. Mr. CRUZ submitted an amend- amendment intended to be proposed by him amendment to the bill S. 1520, to expand rec- ment intended to be proposed to amendment to the bill S. 756, supra; which was ordered to reational fishing opportunities through en- SA 4108 proposed by Mr. MCCONNELL (for Mr. lie on the table. hanced marine fishery conservation and GRASSLEY) to the bill S. 756, supra; which SA 4149. Mr. GRASSLEY submitted an management, and for other purposes. was ordered to lie on the table. amendment intended to be proposed to SA 4116. Mr. SCOTT submitted an amend- SA 4132. Mr. CRUZ submitted an amend- amendment SA 4108 proposed by Mr. MCCON- ment intended to be proposed to amendment ment intended to be proposed to amendment NELL (for Mr. GRASSLEY) to the bill S. 756, SA 4108 proposed by Mr. MCCONNELL (for Mr. SA 4108 proposed by Mr. MCCONNELL (for Mr. supra; which was ordered to lie on the table. GRASSLEY) to the bill S. 756, to reauthorize GRASSLEY) to the bill S. 756, supra; which SA 4150. Mr. MENENDEZ submitted an and amend the Marine Debris Act to promote was ordered to lie on the table. amendment intended to be proposed to international action to reduce marine debris, SA 4133. Mr. PAUL submitted an amend- amendment SA 4108 proposed by Mr. MCCON- and for other purposes; which was ordered to ment intended to be proposed to amendment NELL (for Mr. GRASSLEY) to the bill S. 756, lie on the table. SA 4108 proposed by Mr. MCCONNELL (for Mr. supra; which was ordered to lie on the table. SA 4117. Mr. SCOTT submitted an amend- GRASSLEY) to the bill S. 756, supra; which SA 4151. Mr. MENENDEZ submitted an ment intended to be proposed by him to the was ordered to lie on the table. amendment intended to be proposed to bill S. 3747, to provide for programs to help SA 4134. Mr. PAUL submitted an amend- amendment SA 4108 proposed by Mr. MCCON- reduce the risk that prisoners will recidivate ment intended to be proposed to amendment NELL (for Mr. GRASSLEY) to the bill S. 756, upon release from prison, and for other pur- SA 4108 proposed by Mr. MCCONNELL (for Mr. supra; which was ordered to lie on the table. poses; which was ordered to lie on the table. GRASSLEY) to the bill S. 756, supra; which SA 4152. Mr. BOOKER (for himself and Mr. SA 4118. Mr. TOOMEY submitted an was ordered to lie on the table. JOHNSON) submitted an amendment intended amendment intended to be proposed to SA 4135. Mr. HATCH submitted an amend- to be proposed to amendment SA 4108 pro- amendment SA 4108 proposed by Mr. MCCON- ment intended to be proposed to amendment posed by Mr. MCCONNELL (for Mr. GRASSLEY) NELL (for Mr. GRASSLEY) to the bill S. 756, to SA 4108 proposed by Mr. MCCONNELL (for Mr. to the bill S. 756, supra; which was ordered to reauthorize and amend the Marine Debris GRASSLEY) to the bill S. 756, supra; which lie on the table. Act to promote international action to re- was ordered to lie on the table. SA 4153. Mr. CRAPO (for Mr. JONES) produce marine debris, and for other purposes; SA 4136. Mr. HATCH submitted an amend- posed an amendment to the bill S. 3191, to which was ordered to lie on the table. ment intended to be proposed to amendment provide for the expeditious disclosure of SA 4119. Mr. TOOMEY submitted an SA 4108 proposed by Mr. MCCONNELL (for Mr. records related to civil rights cold cases, and amendment intended to be proposed to GRASSLEY) to the bill S. 756, supra; which for other purposes. amendment SA 4108 proposed by Mr. MCCON- was ordered to lie on the table. SA 4154. Mr. CRAPO (for Mr. SCHATZ (for NELL (for Mr. GRASSLEY) to the bill S. 756, SA 4137. Mr. HATCH submitted an amend- himself, Mr. THUNE, and Mr. WICKER)) pro- supra; which was ordered to lie on the table. ment intended to be proposed to amendment posed an amendment to the bill S. 3238, to SA 4120. Mr. TOOMEY (for himself, Mr. SA 4108 proposed by Mr. MCCONNELL (for Mr. improve oversight by the Federal Commu- CRAPO, Mrs. ERNST, Mr. ENZI, and Mr. GRASSLEY) to the bill S. 756, supra; which nications Commission of the wireless and LANKFORD) submitted an amendment in- was ordered to lie on the table. broadcast emergency alert systems. tended to be proposed to amendment SA 4108 SA 4138. Mr. HATCH submitted an amend- proposed by Mr. MCCONNELL (for Mr. GRASS- ment intended to be proposed to amendment f LEY) to the bill S. 756, supra; which was or- SA 4108 proposed by Mr. MCCONNELL (for Mr. TEXT OF AMENDMENTS dered to lie on the table. GRASSLEY) to the bill S. 756, supra; which SA 4121. Mr. LANKFORD submitted an was ordered to lie on the table. SA 4115. Mr. MCCONNELL (for Mr. amendment intended to be proposed to SA 4139. Mr. HATCH submitted an amend- WICKER (for himself and Mr. MANCHIN)) amendment SA 4108 proposed by Mr. MCCON- ment intended to be proposed to amendment proposed an amendment to the bill S. NELL (for Mr. GRASSLEY) to the bill S. 756, SA 4108 proposed by Mr. MCCONNELL (for Mr. 1520, to expand recreational fishing op- supra; which was ordered to lie on the table. GRASSLEY) to the bill S. 756, supra; which portunities through enhanced marine SA 4122. Mr. GRASSLEY (for himself and was ordered to lie on the table. fishery conservation and management, Mr. LEE) submitted an amendment intended SA 4140. Mr. GRASSLEY submitted an to be proposed to amendment SA 4108 pro- amendment intended to be proposed to and for other purposes; as follows: posed by Mr. MCCONNELL (for Mr. GRASSLEY) amendment SA 4109 proposed by Mr. MCCON- Strike all after the enacting clause and in- to the bill S. 756, supra; which was ordered to NELL (for Mr. KENNEDY (for himself and Mr. sert the following: lie on the table. COTTON)) to the amendment SA 4108 proposed SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SA 4123. Mr. GARDNER submitted an by Mr. MCCONNELL (for Mr. GRASSLEY) to the REFERENCES. amendment intended to be proposed to bill S. 756, supra; which was ordered to lie on (a) SHORT TITLE.—This Act may be cited as amendment SA 4108 proposed by Mr. MCCON- the table. the ‘‘Modernizing Recreational Fisheries NELL (for Mr. GRASSLEY) to the bill S. 756, SA 4141. Mr. INHOFE submitted an amend- Management Act of 2018’’. supra; which was ordered to lie on the table. ment intended to be proposed to amendment (b) TABLE OF CONTENTS.—The table of con- SA 4124. Ms. HARRIS submitted an amend- SA 4108 proposed by Mr. MCCONNELL (for Mr. tents of this Act is as follows: ment intended to be proposed to amendment GRASSLEY) to the bill S. 756, supra; which Sec. 1. Short title; table of contents; ref- SA 4108 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. erences. GRASSLEY) to the bill S. 756, supra; which SA 4142. Mr. SASSE submitted an amend- Sec. 2. Findings. was ordered to lie on the table. ment intended to be proposed to amendment Sec. 3. Definitions.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0655 E:\CR\FM\A17DE6.012 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7659 TITLE I—CONSERVATION AND (3) an assessment of the budgetary require- (E) identification of and recommendation MANAGEMENT ments for performing periodic allocation re- of the different factors and information that Sec. 101. Process for allocation review for views for each applicable Council; and should be considered when designing, estab- South Atlantic and Gulf of (4) developing recommendations of proce- lishing, or maintaining a limited access Mexico mixed-use fisheries. dures for allocation reviews and potential privilege program in a mixed-use fishery to Sec. 102. Fishery management measures. adjustments in allocation. mitigate any impacts identified in subpara- Sec. 103. Study of limited access privilege (b) CONSULTATION WITH STAKEHOLDERS.— graph (C), to the extent practicable; and programs for mixed-use fish- The Comptroller General of the United (F) a review of best practices and chal- eries. States shall consult with the National Oce- lenges faced in the design and implementa- TITLE II—RECREATION FISHERY INFOR- anic and Atmospheric Administration, the tion of limited access privilege programs MATION, RESEARCH, AND DEVELOP- applicable Councils, the Science and Statis- under the jurisdiction of each of the 8 Re- MENT tical Committees of such Councils, the appli- gional Fishery Management Councils; and cable State fisheries management commis- (2) submit to the appropriate committees Sec. 201. Cooperative data collection. sions, the recreational fishing sector, the of Congress a report on the study under para- Sec. 202. Recreational data collection. commercial fishing sector, the charter fish- graph (1), including the recommendations TITLE III—RULE OF CONSTRUCTION ing sector, and other stakeholders, to the ex- under subparagraphs (D) and (E) of para- Sec. 301. Rule of construction. tent practicable, in conducting the study re- graph (1). (c) REFERENCES TO THE MAGNUSON-STEVENS quired under subsection (a). (b) EXCLUSION.—Except as provided in sub- FISHERY CONSERVATION AND MANAGEMENT (c) DEFINITION OF APPLICABLE COUNCIL.—In section (a)(1)(F), the study described in this ACT.—Except as otherwise expressly pro- this section, the term ‘‘applicable Council’’ section shall not include the areas covered vided, wherever in this Act an amendment or means— by the Pacific Fishery Management Council repeal is expressed in terms of an amend- (1) the South Atlantic Fishery Manage- and the North Pacific Fishery Management ment to, or repeal of, a section or other pro- ment Council; or Council. vision, the reference shall be considered to (2) the Gulf of Mexico Fishery Management TITLE II—RECREATION FISHERY INFOR- be made to a section or other provision of Council. MATION, RESEARCH, AND DEVELOP- the Magnuson-Stevens Fishery Conservation SEC. 102. FISHERY MANAGEMENT MEASURES. MENT and Management Act (16 U.S.C. 1801 et seq.). (a) MANAGEMENT.—Section 302(h) (16 U.S.C. SEC. 201. COOPERATIVE DATA COLLECTION. SEC. 2. FINDINGS. 1852(h)) is amended— (a) IMPROVING DATA COLLECTION AND ANAL- Section 2(a) (16 U.S.C. 1801(a)) is amended (1) in paragraph (7)(C), by striking ‘‘; and’’ YSIS.—Section 404 (16 U.S.C. 1881c) is amend- by adding at the end the following: and inserting a semicolon; ed by adding at the end the following: ‘‘(13) While both provide significant cul- (2) by redesignating paragraph (8) as para- ‘‘(e) IMPROVING DATA COLLECTION AND tural and economic benefits to the Nation, graph (9); and ANALYSIS.— recreational fishing and commercial fishing (3) by inserting after paragraph (7) the fol- ‘‘(1) IN GENERAL.—Not later than 1 year are different activities. Therefore, science- lowing: after the date of enactment of the Modern- based conservation and management ap- ‘‘(8) in addition to complying with the izing Recreational Fisheries Management proaches should be adapted to the character- standards and requirements under paragraph Act of 2017, the Secretary shall develop, in istics of each sector.’’. (6), sections 301(a), 303(a)(15), and 304(e), and consultation with the science and statistical SEC. 3. DEFINITIONS. other applicable provisions of this Act, have committees of the Councils established In this Act: the authority to use fishery management under section 302(g) and the Marine Fisheries Commissions, and submit to the Committee (1) APPROPRIATE COMMITTEES OF CON- measures in a recreational fishery (or the on Commerce, Science, and Transportation GRESS.—The term ‘‘appropriate committees recreational component of a mixed-use fish- of Congress’’ means— ery) in developing a fishery management of the Senate and the Committee on Natural (A) the Committee on Commerce, Science, plan, plan amendment, or proposed regula- Resources of the House of Representatives a and Transportation of the Senate; and tions, such as extraction rates, fishing mor- report on facilitating greater incorporation (B) the Committee on Natural Resources of tality targets, harvest control rules, or tra- of data, analysis, stock assessments, and sur- the House of Representatives. ditional or cultural practices of native com- veys from State agencies and nongovernmental sources described in paragraph (2), to (2) COUNCIL.—The term ‘‘Council’’ means munities in such fishery or fishery compo- any Regional Fishery Management Council nent; and’’. the extent such information is consistent (b) REPORT.—Not later than 180 days after established under section 302 of the Magnu- with section 301(a)(2), into fisheries manage- the date of enactment of this Act, the Sec- son-Stevens Fishery Conservation and Man- ment decisions. retary of Commerce shall submit to the ap- agement Act (16 U.S.C. 1852). ‘‘(2) CONTENT.—In developing the report propriate committees of Congress a report under paragraph (1), the Secretary shall— (3) LIMITED ACCESS PRIVILEGE PROGRAM.— that describes any actions pursuant to para- The term ‘‘limited access privilege program’’ ‘‘(A) identify types of data and analysis, graph (8) of section 302(h) of the Magnuson- means a program that meets the require- especially concerning recreational fishing, Stevens Fishery Conservation and Manage- ments of section 303A of the Magnuson-Ste- that can be used for purposes of this Act as ment Act (16 U.S.C. 1852(h)), as added by sub- vens Fishery Conservation and Management the basis for establishing conservation and section (a). Act (16 U.S.C. 1853a). management measures as required by section (c) OTHER FISHERIES.—Nothing in para- 303(a)(1), including setting standards for the (4) MIXED-USE FISHERY.—The term ‘‘mixed- graph (8) of section 302(h) of the Magnuson- use fishery’’ means a Federal fishery in collection and use of that data and analysis Stevens Fishery Conservation and Manage- in stock assessments and surveys and for which 2 or more of the following occur: ment Act (16 U.S.C. 1852(h)), as added by sub- (A) Recreational fishing. other purposes; section (a), shall be construed to affect man- ‘‘(B) provide specific recommendations for (B) Charter fishing. agement of any fishery not described in such (C) Commercial fishing. collecting data and performing analyses paragraph (8). identified as necessary to reduce uncertainty TITLE I—CONSERVATION AND SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE in and improve the accuracy of future stock MANAGEMENT PROGRAMS FOR MIXED-USE FISH- assessments, including whether such data SEC. 101. PROCESS FOR ALLOCATION REVIEW ERIES. and analysis could be provided by nongovern- FOR SOUTH ATLANTIC AND GULF OF (a) STUDY ON LIMITED ACCESS PRIVILEGE mental sources; and MEXICO MIXED-USE FISHERIES. PROGRAMS.—Not later than 2 years after the ‘‘(C) consider the extent to which the ac- (a) STUDY OF ALLOCATIONS IN MIXED-USE date of enactment of this Act, the Ocean ceptance and use of data and analyses identi- FISHERIES.—Not later than 1 year after the Studies Board of the National Academies of fied in the report in fishery management de- date of enactment of this Act, the Comp- Sciences, Engineering, and Medicine shall— cisions is practicable and compatible with troller General of the United States shall (1) complete a study on the use of limited the requirements of section 301(a)(2).’’. conduct a study and submit to the appro- access privilege programs in mixed-use fish- (b) NAS REPORT RECOMMENDATIONS.—The priate committees of Congress a report on eries, including— Secretary of Commerce shall take into con- mixed-use fisheries in each applicable Coun- (A) an assessment of progress in meeting sideration and, to the extent feasible, imple- cil’s jurisdiction, which shall include— the goals of the program and this Act; ment the recommendations of the National (1) recommendations on criteria that could (B) an assessment of the social, economic, Academy of Sciences in the report entitled be used by such Councils for allocating or re- and ecological effects of the program, consid- ‘‘Review of the Marine Recreational Infor- allocating fishing privileges in the prepara- ering each sector of a mixed-use fishery and mation Program (2017)’’, and shall submit, tion of a fishery management plan or plan related businesses, coastal communities, and every 2 years following the date of enact- amendment, including consideration of the the environment; ment of this Act, a report to the appropriate ecological, conservation, economic, and so- (C) an assessment of any impacts to stake- committees of Congress detailing progress cial factors of each component of a mixed- holders in a mixed-use fishery caused by a made implementing those recommendations. use fishery; limited access privilege program; Recommendations considered shall include— (2) identification of the sources of informa- (D) recommendations of policies to address (1) prioritizing the evaluation of electronic tion that could reasonably support the use of any impacts identified under subparagraph data collection, including smartphone appli- such criteria in allocation decisions; (C); cations, electronic diaries for prospective

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7660 CONGRESSIONAL RECORD — SENATE December 17, 2018 data collection, and an internet website op- racy and timeliness of data collection and (5) a brief description of the event; tion for panel members or for the public; analysis to improve the Marine Recreational (6) the alleged criminal activity of each de- (2) evaluating whether the design of the Information Program and facilitate in-sea- cedent prior to the use of force; Marine Recreational Information Program son management; and (7) whether each decedent was armed and for the purposes of stock assessment and the ‘‘(2) within 6 months after receiving the re- the type of weapon the decedent had; determination of stock management ref- port under paragraph (1), submit to Congress (8) a description of the weapon used by erence points is compatible with the needs of recommendations regarding— each law enforcement officer; in-season management of annual catch lim- ‘‘(A) changes to be made to the Marine (9) a brief description of any injury sus- its; and Recreational Information Program to make tained by a law enforcement officer; (3) if the Marine Recreational Information the program better meet the needs of in-sea- (10) a brief description of the finding of the Program is incompatible with the needs of son management of annual catch limits and law enforcement agency as to whether the in-season management of annual catch lim- other requirements under such section; and use of deadly force was justified or unjusti- its, determining an alternative method for ‘‘(B) alternative management approaches fied; and in-season management. that could be applied to recreational fish- (11) the case disposition, including wheth- SEC. 202. RECREATIONAL DATA COLLECTION. eries for which the Marine Recreational In- er— Section 401 (16 U.S.C. 1881) is amended— formation Program is not meeting the needs (A) the case was cleared by departmental (1) in subsection (g)— of in-season management of annual catch review or referred to a prosecuting author- (A) by redesignating paragraph (4) as para- limits, consistent with other requirements of ity; graph (5); and this Act, until such time as the changes in (B) criminal charges were filed; (B) by inserting after paragraph (3) the fol- subparagraph (A) are implemented.’’. (C) prosecution was declined; lowing: TITLE III—RULE OF CONSTRUCTION (D) a grand jury returned a No True Bill; or (E) a court entered an acquittal or a con- ‘‘(4) FEDERAL-STATE PARTNERSHIPS.— SEC. 301. RULE OF CONSTRUCTION. viction. ‘‘(A) ESTABLISHMENT.—The Secretary shall Nothing in this Act shall be construed as (c) COMPLIANCE.— establish a partnership with a State to de- modifying the requirements of sections (1) INELIGIBILITY FOR FUNDS.—For any fis- velop best practices for implementing the 301(a), 302(h)(6), 303(a)(15), or 304(e) of the State program established under paragraph cal year beginning after the date of enact- Magnuson-Stevens Fishery Conservation and ment of this Act, a State that fails to com- (2). Management Act (16 U.S.C. 1851(a), 1852(h)(6), ‘‘(B) GUIDANCE.—The Secretary shall de- ply with subsection (a) shall be subject to a 1853(a)(15), and 1854(e)), or the equal applica- 10-percent reduction of the funds that would velop guidance, in cooperation with the tion of such requirements and other stand- States, that details best practices for admin- otherwise be allocated for that fiscal year to ards and requirements under the Magnuson- the State under subpart 1 of part E of title I istering State programs pursuant to para- Stevens Fishery Conservation and Manage- graph (2), and provide such guidance to the of the Omnibus Crime Control and Safe ment Act (16 U.S.C. 1801 et seq.) to commer- Streets Act of 1968 (34 U.S.C. 10151 et seq.), States. cial, charter, and recreational fisheries, in- ‘‘(C) BIENNIAL REPORT.—The Secretary whether characterized as the Edward Byrne cluding each component of mixed-use fish- Memorial State and Local Law Enforcement shall submit to the appropriate committees eries. of Congress and publish biennial reports that Assistance Programs, the Local Government Law Enforcement Block Grants Program, include— SA 4116. Mr. SCOTT submitted an ‘‘(i) the estimated accuracy of— the Edward Byrne Memorial Justice Assist- amendment intended to be proposed to ance Grant Program, or otherwise. ‘‘(I) the information provided under sub- amendment SA 4108 proposed by Mr. paragraphs (A) and (B) of paragraph (1) for (2) REALLOCATION.—Amounts not allocated each registry program established under that MCCONNELL (for Mr. GRASSLEY) to the under a program referred to in paragraph (1) paragraph; and bill S. 756, to reauthorize and amend to a State for failure to comply with sub- ‘‘(II) the information from each State pro- the Marine Debris Act to promote section (a) shall be reallocated under the gram that is used to assist in completing international action to reduce marine program to States that have complied with surveys or evaluating effects of conservation debris, and for other purposes; which subsection (a). (d) PREFERENTIAL CONSIDERATION.—Section and management measures under paragraph was ordered to lie on the table; as fol- 1701 of title I of the Omnibus Crime Control (2); lows: and Safe Streets Act of 1968 (34 U.S.C. 10381) ‘‘(ii) priorities for improving recreational At the end, add the following: is amended by adding at the end the fol- fishing data collection; and lowing: ‘‘(iii) an explanation of any use of informa- TITLE VII—WALTER SCOTT NOTIFICATION ACT OF 2018 ‘‘(n) USE OF FORCE REPORTING.— tion collected by such State programs and by ‘‘(1) PREFERENTIAL CONSIDERATION.—For the Secretary. SEC. 701. SHORT TITLE. the first fiscal year beginning after the date ‘‘(D) STATES GRANT PROGRAM.— This title may be cited as the ‘‘Walter of enactment of this subsection and the 3 fis- ‘‘(i) IN GENERAL.—The Secretary may make Scott Notification Act of 2018’’. cal years thereafter, the Attorney General grants to States to— SEC. 702. DEFINITIONS. may give preferential consideration, where ‘‘(I) improve implementation of State pro- In this title— feasible, to an application from an applicant grams consistent with this subsection; and (1) the term ‘‘law enforcement officer’’ has in a State that is in full compliance with ‘‘(II) assist such programs in complying the meaning given the term in section 3673 of section 703(a) of the Walter Scott Notifica- with requirements related to changes in rec- title 18, United States Code; and tion Act of 2018. reational data collection under paragraph (2) the term ‘‘State’’ has the meaning ‘‘(2) REDUCTION OF GRANT AMOUNTS.—Begin- (3). given the term in section 901(a) of title I of ning in the fifth fiscal year beginning after ‘‘(ii) USE OF FUNDS.—Any funds awarded the Omnibus Crime Control and Safe Streets the date of enactment of this subsection, a through such grants shall be used to support Act of 1968 (34 U.S.C. 10251(a)). State that fails to comply with section 703(a) data collection, quality assurance, and out- SEC. 703. STATE INFORMATION REGARDING USE of the Walter Scott Notification Act of 2018 reach to entities submitting such data. The OF LETHAL FORCE BY LAW EN- shall be subject to a 20-percent reduction of Secretary shall prioritize such grants based FORCEMENT OFFICERS. the funds that would otherwise be allocated on the ability of the grant to improve the (a) IN GENERAL.—For each fiscal year in for the fiscal year to the State under this quality and accuracy of such programs.’’; which a State receives funds for a program part. and described in subsection (c)(1), the State shall ‘‘(3) REALLOCATION.—Amounts not allo- (2) by adding at the end the following: report to the Attorney General, on an annual cated under this part to a State for failure to ‘‘(h) ACTION BY SECRETARY.—The Secretary basis and pursuant to guidelines established comply with section 703(a) of the Walter shall— by the Attorney General, information re- Scott Notification Act of 2018 shall be reallo- ‘‘(1) within 90 days after the date of the en- garding any discharge of a firearm by a law cated to States that have complied with such actment of the Modernizing Recreational enforcement officer that results in the death section.’’. Fisheries Management Act of 2018, enter into of a civilian. (e) INDEPENDENT AUDIT AND REVIEW.—Not an agreement with the National Academy of (b) INFORMATION REQUIRED.—The report re- later than 1 year after the date of enactment Sciences to evaluate, in the form of a required under subsection (a) shall contain in- of this Act, and each year thereafter, the At- port— formation that, at a minimum, includes— torney General shall conduct an audit and ‘‘(A) how the design of the Marine Rec- (1) the number of decedents and the num- review of the information provided under reational Information Program, for the pur- ber of law enforcement officers who dis- subsection (a) to determine whether each poses of stock assessment and the deter- charged a firearm; State receiving funds under section 505(a) of mination of stock management reference (2) the age, sex, race, and ethnicity of each title I of the Omnibus Crime Control and points, can be improved to better meet the decedent; Safe Streets Act of 1968 (34 U.S.C. 10156(a)) or needs of in-season management of annual (3) any mental health issue of a decedent under part Q of title I of the Omnibus Crime catch limits under section 303(a)(15); and that was observed or reported; Control and Safe Streets Act of 1968 (34 ‘‘(B) what actions the Secretary, Councils, (4) the age, sex, race, and ethnicity of each U.S.C. 10381 et seq.) is in substantial compli- and States could take to improve the accu- law enforcement officer; ance with the requirements of this section,

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7661 unless the State has otherwise ensured, to (8) the number of decedents referred to in of 1968 (34 U.S.C. 10156(a)) or part Q of title I the satisfaction of the Attorney General, paragraph (1) who were armed, and the type of the Omnibus Crime Control and Safe that the State is in substantial compliance of weapon that was in the possession of such Streets Act of 1968 (34 U.S.C. 10381 et seq.) with the requirements of this section. decedents; unless the State has ensured, to the satisfac- (f) PUBLIC AVAILABILITY OF DATA.— (9) a description of the weapon used by tion of the Attorney General, that the State (1) IN GENERAL.—Not later than 1 year after each law enforcement officer referred to in is in substantial compliance with the re- the date of enactment of this Act, and each paragraph (2); quirements under this section. year thereafter, the Attorney General shall (10) a brief description of any injury sus- (f) PUBLIC AVAILABILITY OF DATA.— publish, and make available to the public, a tained by a law enforcement officer in con- (1) IN GENERAL.—Not later than 1 year after report containing the data reported to the junction with an event referred to in para- the date of the enactment of this Act, and Attorney General under subsection (a). graph (6); annually thereafter, the Attorney General (2) PRIVACY PROTECTIONS.—Nothing in this (11) a brief description of the finding of the shall publish, and make available to the pub- subsection shall be construed to supersede law enforcement agency regarding whether lic, a report containing the data reported to the requirements or limitations under sec- the use of deadly force was justified or un- the Attorney General under subsection (a). tion 552a of title 5, United States Code (com- justified; and (2) PRIVACY PROTECTIONS.—Nothing in this monly known as the ‘‘Privacy Act of 1974’’). (12) the disposition of the case involving subsection may be construed to supersede (g) GUIDANCE.—Not later than 180 days each law enforcement officer referred to in the requirements or limitations under sec- after the date of enactment of this Act, the paragraph (2), including whether— tion 552a of title 5, United States Code (com- Attorney General, in coordination with the (A) the case was cleared by departmental monly known as the ‘‘Privacy Act of 1974’’). Director of the Federal Bureau of Investiga- review or referred to a prosecuting author- (g) GUIDANCE.—Not later than 180 days tion, shall issue guidance on best practices ity; after the date of the enactment of this Act, relating to establishing standard data collec- (B) criminal charges were filed; the Attorney General, in coordination with tion systems that capture the information (C) prosecution was declined; the Director of the Federal Bureau of Inves- required to be reported under subsection (a), (D) a grand jury returned a no true bill; or tigation, shall issue guidance on best prac- which shall include standard and consistent (E) a court entered an acquittal or a con- tices relating to establishing standard data definitions for terms. viction. collection systems that capture the informa- (c) COMPLIANCE.— tion required to be reported under subsection SA 4117. Mr. SCOTT submitted an (1) INELIGIBILITY FOR FUNDS.—For any fis- (a), including standard and consistent defini- amendment intended to be proposed by cal year beginning after the date of the en- tions for terms. him to the bill S. 3747, to provide for actment of this Act, a State that fails to programs to help reduce the risk that submit the report required under subsection SA 4118. Mr. TOOMEY submitted an prisoners will recidivate upon release (a) shall be subject to a 10-percent reduction amendment intended to be proposed to of the amounts that would otherwise be allo- from prison, and for other purposes.; cated to the State for that fiscal year under amendment SA 4108 proposed by Mr. which was ordered to lie on the table; subpart 1 of part E of title I of the Omnibus MCCONNELL (for Mr. GRASSLEY) to the as follows: Crime Control and Safe Streets Act of 1968 bill S. 756, to reauthorize and amend At the end of the bill, add the following: (34 U.S.C. 10151 et seq.), whether character- the Marine Debris Act to promote TITLE VII—USE OF LETHAL FORCE BY ized as the Edward Byrne Memorial State international action to reduce marine LAW ENFORCEMENT OFFICERS and Local Law Enforcement Assistance Pro- debris, and for other purposes; which grams, the Local Government Law Enforce- SEC. 701. SHORT TITLE. was ordered to lie on the table; as fol- ment Block Grants Program, the Edward This title may be cited as the ‘‘Walter lows: Byrne Memorial Justice Assistance Grant Scott Notification Act of 2018’’. Program, or otherwise. At the appropriate place, insert the fol- SEC. 702. DEFINITIONS. (2) REALLOCATION.—Amounts not allocated lowing: In this title: to a State in a fiscal year under a program SEC. ll. AGGRAVATING FACTORS FOR DEATH (1) LAW ENFORCEMENT OFFICER.—The term referred to in paragraph (1) for failure to sub- PENALTY. ‘‘law enforcement officer’’ has the meaning mit the report required under subsection (a) Section 3592(c) of title 18, United States given the term in section 3673 of title 18, shall be reallocated under the program to Code, is amended by inserting after para- United States Code. States that have submitted such report for graph (16) the following: (2) STATE.—The term ‘‘State’’ has the that fiscal year. ‘‘(17) KILLING OR TARGETING OF LAW EN- meaning given the term in section 901(a) of (d) PREFERENTIAL CONSIDERATION.—Section FORCEMENT OFFICER.— title I of the Omnibus Crime Control and 1701 of title I of the Omnibus Crime Control ‘‘(A) The defendant killed or attempted to Safe Streets Act of 1968 (34 U.S.C. 10251(a)). and Safe Streets Act of 1968 (34 U.S.C. 10381) kill, in the circumstance described in sub- SEC. 703. STATE INFORMATION REGARDING USE is amended by adding at the end the fol- paragraph (B), a person who is authorized by OF LETHAL FORCE BY LAW EN- lowing: law— FORCEMENT OFFICERS. ‘‘(l) USE OF FORCE REPORTING.— ‘‘(i) to engage in or supervise the preven- (a) IN GENERAL.—For each fiscal year in ‘‘(1) PREFERENTIAL CONSIDERATION.—For tion, detention, investigation, or prosecu- which a State receives funds for a program each of the first 4 fiscal years beginning tion, or the incarceration of any person for described in subsection (c), the State shall after the date of the enactment of the Walter any criminal violation of law; report to the Attorney General, on an annual Scott Notification Act of 2018, the Attorney ‘‘(ii) to apprehend, arrest, or prosecute an basis and pursuant to guidelines established General may give preferential consideration, individual for any criminal violation of law; by the Attorney General, information re- if feasible, to an application from an appli- or garding any discharge of a firearm by a law cant in a State that has submitted the report ‘‘(iii) to be a firefighter or other first re- enforcement officer that resulted in the required under section 703(a) of such Act. sponder. death of a civilian. ‘‘(2) REDUCTION OF GRANT AMOUNTS.—Begin- ‘‘(B) The circumstance referred to in sub- (b) INFORMATION REQUIRED.—The report re- ning in the fifth fiscal year beginning after paragraph (A) is that the person was killed quired under subsection (a) shall include, for the date of the enactment of the Walter or targeted— the reporting period— Scott Notification Act of 2018, a State that ‘‘(i) while he or she was engaged in the per- (1) the number of decedents who died as a fails to submit the report referred to in para- formance of his or her official duties; result of the discharge of a firearm by a law graph (1) shall be subject to a 20-percent re- ‘‘(ii) because of the performance of his or enforcement officer; duction of the amounts that would otherwise her official duties; or (2) the number of law enforcement officers, be allocated to the State for such fiscal year ‘‘(iii) because of his or her status as a pub- whose discharge of a firearm resulted in the under this part. lic official or employee.’’. death of a civilian; ‘‘(3) REALLOCATION.—Amounts not allo- (3) the age, sex, race, and ethnicity of each cated to a State for a fiscal year under this decedent referred to in paragraph (1); SA 4119. Mr. TOOMEY submitted an part due to the State’s failure to submit the amendment intended to be proposed to (4) any mental health issue of such a dece- report referred to in paragraph (1) shall be dent that was observed or reported; reallocated to States that have submitted amendment SA 4108 proposed by Mr. (5) the age, sex, race, and ethnicity of each such report.’’. MCCONNELL (for Mr. GRASSLEY) to the law enforcement officer referred to in para- (e) INDEPENDENT AUDIT AND REVIEW.—Not bill S. 756, to reauthorize and amend graph (2); later than 1 year after the date of the enact- the Marine Debris Act to promote (6) a brief description of each event in ment of this Act, and annually thereafter, international action to reduce marine which the discharge of a firearm by a law en- the Attorney General shall conduct an audit debris, and for other purposes; which forcement officer resulted in the death of a and review of the information provided in was ordered to lie on the table; as fol- civilian; the reports submitted under subsection (a) to (7) the alleged criminal activity of each de- determine whether each State receiving lows: cedent immediately preceding the use of funds under section 505(a) of title I of the At the appropriate place, insert the fol- force; Omnibus Crime Control and Safe Streets Act lowing:

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SEC. ll. ENHANCED PENALTY FOR STALKERS Fund and not disbursing the full amount pro- ‘‘(3) CONFERENCE REPORTS.—When the Sen- OF CHILDREN AND REPORT ON BEST vided for under the Victims of Crime Act of ate is considering a conference report on, or PRACTICES REGARDING ENFORCE- 1984; an amendment between the Houses in rela- MENT OF ANTI-STALKING LAWS. (8) over $10,000,000,000 has been withheld tion to, a bill or joint resolution, upon a (a) ENHANCED PENALTY.— from victims of child abuse, sexual assault, point of order being made by any Senator (1) IN GENERAL.—Chapter 110A of title 18, domestic violence, and other crimes; pursuant to paragraph (1), and such point of United States Code, is amended by inserting (9) from fiscal year 2010 through fiscal year order being sustained, such material con- after section 2261A the following: 2014, the Crime Victims Fund collected tained in such conference report or House ‘‘§ 2261B. Enhanced penalty for stalkers of $12,000,000,000, but Congress disbursed only amendment shall be stricken, and the Senate children $3,600,000,000 (or 30 percent) to victims of shall proceed to consider the question of ‘‘If the victim of an offense under section crime; whether the Senate shall recede from its 2261A is under the age of 18 years, the max- (10) since fiscal year 2015, Congress has in- amendment and concur with a further imum imprisonment for the offense is 5 years creased disbursals from the Crime Victims amendment, or concur in the House amend- greater than the maximum term of imprison- Fund to victims of crime, but a permanent ment with a further amendment, as the case ment otherwise provided for that offense in solution is necessary to ensure consistent may be, which further amendment shall con- section 2261.’’. disbursals to victims of crime who rely on sist of only that portion of the conference re- (2) CLERICAL AMENDMENT.—The table of these funds every year; port or House amendment, as the case may sections at the beginning of chapter 110A of (11) under budget rules, Congress rep- be, not so stricken. Any such motion in the title 18, United States Code, is amended by resents that the money it has already spent Senate shall be debatable. In any case in inserting after the item relating to section in prior years is still in the Crime Victims which such point of order is sustained 2261A the following new item: Fund and available for victims of crime; against a conference report (or Senate ‘‘2261B. Enhanced penalty for stalkers of (12) it is time to restore fairness to crime amendment derived from such conference re- children.’’. victims; and port by operation of this subsection), no fur- (3) CONFORMING AMENDMENT.—Section (13) funds collected by the Crime Victims ther amendment shall be in order. 2261A of title 18, United States Code, is Fund should be used for services to crime ‘‘(4) SUPERMAJORITY WAIVER AND APPEAL.— amended by striking ‘‘section 2261(b) of this victims in accordance with the Victims of In the Senate, this subsection may be waived title’’ and inserting ‘‘section 2261(b) or sec- Crime Act of 1984. or suspended only by an affirmative vote of tion 2262B, as the case may be’’. (c) AMENDMENT.—Title IV of the Congres- three-fifths of the Members, duly chose and (b) REPORT ON BEST PRACTICES REGARDING sional Budget Act of 1974 (2 U.S.C. 651 et seq.) sworn. An affirmative vote of three-fifths of ENFORCEMENT OF ANTI-STALKING LAWS.—Not is amended by adding at the end the fol- Members of the Senate, duly chosen and later than 1 year after the date of the enact- lowing: sworn shall be required to sustain an appeal ment of this Act, the Attorney General shall ‘‘PART C—ADDITIONAL LIMITATIONS ON of the ruling of the Chair on a point of order submit a report to Congress, which shall— BUDGETARY AND APPROPRIATIONS raised under this subsection. (1) include an evaluation of Federal, tribal, LEGISLATION ‘‘(5) DETERMINATION.—For purposes of this State, and local efforts to enforce laws relat- ‘‘SEC. 441. POINT OF ORDER AGAINST CHANGES subsection, budgetary levels shall be deter- ing to stalking; and IN MANDATORY PROGRAMS AFFECT- mined on the basis of estimates provided by (2) identify and describe those elements of ING THE CRIME VICTIMS FUND. the Chairman of the Committee on the Budg- such efforts that constitute the best prac- ‘‘(a) DEFINITIONS.—In this section— et of the Senate. ‘‘(c) POINT OF ORDER IN THE HOUSE OF REP- tices for the enforcement of such laws. ‘‘(1) the term ‘CHIMP’ means a provision that— RESENTATIVES.— SA 4120. Mr. TOOMEY (for himself, ‘‘(A) would have been estimated as affect- ‘‘(1) IN GENERAL.—A provision in a bill or joint resolution making appropriations for a Mr. CRAPO, Mrs. ERNST, Mr. ENZI, and ing direct spending or receipts under section 252 of the Balanced Budget and Emergency fiscal year that proposes a CHIMP that, if Mr. LANKFORD) submitted an amend- Deficit Control Act of 1985 (2 U.S.C. 902) (as enacted, would cause the amount available ment intended to be proposed to in effect prior to September 30, 2002) if the for obligation during the fiscal year from the amendment SA 4108 proposed by Mr. provision was included in legislation other Crime Victims Fund to be less than the 3- MCCONNELL (for Mr. GRASSLEY) to the than an appropriation Act; and year average amount shall not be in order in bill S. 756, to reauthorize and amend ‘‘(B) results in a net decrease in budget au- the House of Representatives. the Marine Debris Act to promote thority in the current year or the budget ‘‘(2) AMENDMENTS AND CONFERENCE RE- international action to reduce marine year, but does not result in a net decrease in PORTS.—It shall not be in order in the House of Representatives to consider an amend- debris, and for other purposes; which outlays over the period of the total of the current year, the budget year, and all fiscal ment to, or a conference report on, a bill or was ordered to lie on the table; as fol- years covered under the most recently adopt- joint resolution making appropriations for a lows: ed concurrent resolution on the budget; fiscal year if such amendment thereto or At the appropriate place, insert the fol- ‘‘(2) the term ‘Crime Victims Fund’ means conference report thereon proposes a CHIMP lowing: the Crime Victims Fund established under that, if enacted, would cause the amount SEC. lll. FAIRNESS FOR CRIME VICTIMS. section 1402 of the Victims of Crime Act of available for obligation during the fiscal (a) SHORT TITLE.—This section may be 1984 (34 U.S.C. 20101); and year from the Crime Victims Fund to be less cited as the ‘‘Fairness for Crime Victims Act ‘‘(3) the term ‘3-year average amount’ than the 3-year average amount. of 2018’’. means the annual average amount that was ‘‘(3) DETERMINATION.—For purposes of this (b) FINDINGS.—Congress finds that— deposited into the Crime Victims Fund dur- subsection, budgetary levels shall be deter- (1) the Crime Victims Fund was created in ing the 3-fiscal-year period beginning on Oc- mined on the basis of estimates provided by 1984, with the support of overwhelming bi- tober 1 of the fourth fiscal year before the the Chairman of the Committee on the Budg- partisan majorities in the House of Rep- fiscal year to which a CHIMP affecting the et of the House of Representatives.’’. resentatives and the Senate and the support Crime Victims Fund applies. (d) TECHNICAL AND CONFORMING AMEND- of President Ronald Reagan, who signed the ‘‘(b) POINT OF ORDER IN THE SENATE.— MENT.—The table of contents in section 1(b) Victims of Crime Act of 1984 (Public Law 98– ‘‘(1) POINT OF ORDER.— of the Congressional Budget Act of 1974 is 473) into law; ‘‘(A) IN GENERAL.—In the Senate, it shall amended by inserting after the item relating (2) the Crime Victims Fund was created not be in order to consider a provision in a to section 428 the following: based on the principle that funds the Federal bill or joint resolution making appropria- ‘‘PART C—ADDITIONAL LIMITATIONS ON BUDG- Government collects from those convicted of tions for all or a portion of a fiscal year, or ETARY AND APPROPRIATIONS LEGISLATION crime should be used to aid those who have an amendment thereto, amendment between ‘‘Sec. 441. Point of order against changes in been victimized by crime; the Houses in relation thereto, conference mandatory programs affecting (3) the Crime Victims Fund is funded from report thereon, or motion thereon, that con- the Crime Victims Fund.’’. fines, penalties, and forfeited bonds in Fed- tains a CHIMP that, if enacted, would cause eral court and private donations; the amount available for obligation during SA 4121. Mr. LANKFORD submitted (4) the Crime Victims Fund receives no the fiscal year from the Crime Victims Fund an amendment intended to be proposed taxpayer dollars; to be less than the 3-year average amount. to amendment SA 4108 proposed by Mr. (5) Federal law provides that funds depos- ‘‘(B) POINT OF ORDER SUSTAINED.—If a point MCCONNELL (for Mr. GRASSLEY) to the ited into the Crime Victims Fund shall be of order is made by a Senator against a pro- bill S. 756, to reauthorize and amend used to provide services to victims of crime vision described in subparagraph (A), and the the Marine Debris Act to promote in accordance with the Victims of Crime Act point of order is sustained by the Chair, that of 1984; provision shall be stricken from the measure international action to reduce marine (6) the Victims of Crime Act of 1984 gives and may not be offered as an amendment debris, and for other purposes; which priority to victims of child abuse, sexual as- from the floor. was ordered to lie on the table; as fol- sault, and domestic violence; ‘‘(2) FORM OF THE POINT OF ORDER.—A point lows: (7) since fiscal year 2000, Congress has been of order under paragraph (1) may be raised On page 57, line 8, strike ‘‘faith-based’’ and taking funds collected by the Crime Victims by a Senator as provided in section 313(e). insert ‘‘explicitly religious’’.

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Mr. GRASSLEY (for himself ‘‘(xxiv) Section 1091, relating to genocide. mit murder (as described in section 113(a)), and Mr. LEE) submitted an amendment ‘‘(xxv) Any section of chapter 51, relating aggravated sexual abuse and sexual abuse (as intended to be proposed to amendment to homicide, except for section 1112 (relating described in sections 2241 and 2242), abusive to manslaughter), 1113 (relating to attempt sexual contact (as described in sections SA 4108 proposed by Mr. MCCONNELL to commit murder or manslaughter, but only 2244(a)(1) and (a)(2)), kidnapping (as de- (for Mr. GRASSLEY) to the bill S. 756, to if the conviction was for an attempt to com- scribed in chapter 55), carjacking (as de- reauthorize and amend the Marine De- mit manslaughter), 1115 (relating to mis- scribed in section 2119), arson (as described bris Act to promote international ac- conduct or neglect of ship officers), or 1122 in section 844(f)(3), (h), or (i)), or terrorism tion to reduce marine debris, and for (relating to protection against the human (as described in chapter 113B). other purposes; which was ordered to immunodeficiency virus). ‘‘(lii) Section 57(b) of the Atomic Energy lie on the table; as follows: ‘‘(xxvi) Any section of chapter 55, relating Act of 1954 (42 U.S.C. 2077(b)), relating to the Beginning on page 12, strike line 22 and all to kidnapping. engagement or participation in the develop- that follows through page 60, line 11, and in- ‘‘(xxvii) Any offense under chapter 77, rement or production of special nuclear mate- sert the following: lating to peonage, slavery, and trafficking in rial. ‘‘(i) Section 32, relating to destruction of persons, except for sections 1593 through ‘‘(liii) Section 92 of the Atomic Energy Act aircraft or aircraft facilities. 1596. of 1954 (42 U.S.C. 2122), relating to prohibi- ‘‘(ii) Section 33, relating to destruction of ‘‘(xxviii) Section 1751, relating to Presi- tions governing atomic weapons. motor vehicles or motor vehicle facilities. dential and Presidential staff assassination, ‘‘(liv) Section 101 of the Atomic Energy ‘‘(iii) Section 36, relating to drive-by shoot- kidnapping, and assault. Act of 1954 (42 U.S.C. 2131), relating to the ings. ‘‘(xxix) Section 1791, relating to providing atomic energy license requirement. ‘‘(iv) Section 81, relating to arson within or possessing contraband in prison. ‘‘(lv) Section 224 or 225 of the Atomic En- special maritime and territorial jurisdiction. ‘‘(xxx) Section 1792, relating to mutiny and ergy Act of 1954 (42 U.S.C. 2274, 2275), relating ‘‘(v) Section 111(b), relating to assaulting, riots. to the communication or receipt of re- resisting, or impeding certain officers or em- ‘‘(xxxi) Section 1841(a)(2)(C), relating to in- stricted data. ployees using a deadly or dangerous weapon tentionally killing or attempting to kill an ‘‘(lvi) Section 236 of the Atomic Energy or inflicting bodily injury. unborn child. Act of 1954 (42 U.S.C. 2284), relating to the ‘‘(vi) Paragraph (1), (7), or (8) of section ‘‘(xxxii) Section 1992, relating to terrorist sabotage of nuclear facilities or fuel. 113(a), relating to assault with intent to attacks and other violence against railroad ‘‘(lvii) Section 60123(b) of title 49, relating commit murder, assault resulting in sub- carriers and against mass transportation to damaging or destroying a pipeline facil- stantial bodily injury to a spouse or inti- systems on land, on water, or through the ity, but only if the conduct which led to the mate partner, a dating partner, or an indi- air. conviction involved a substantial risk of vidual who has not attained the age of 16 ‘‘(xxxiii) Section 2113(e), relating to bank death or serious bodily injury. years, or assault of a spouse, intimate part- robbery resulting in death. ‘‘(lviii) Section 401(a) of the Controlled ner, or dating partner by strangling, suffo- ‘‘(xxxiv) Section 2118(c), relating to rob- Substances Act (21 U.S.C. 841), relating to cating, or attempting to strangle or suf- beries and burglaries involving controlled manufacturing or distributing a controlled focate. substances resulting in assault, putting in substance in the case of a conviction for an ‘‘(vii) Section 115, relating to influencing, jeopardy the life of any person by the use of offense described in subparagraph (A), (B), or impeding, or retaliating against a Federal a dangerous weapon or device, or death. (C) of subsection (b)(1) of that section for official by injuring a family member, except ‘‘(xxxv) Section 2119, relating to taking a which death or serious bodily injury resulted for a threat made in violation of that sec- motor vehicle (commonly referred to as from the use of such substance. tion. ‘carjacking’). ‘‘(lix) Section 276(a) of the Immigration ‘‘(viii) Section 116, relating to female gen- ‘‘(xxxvi) Any section of chapter 105, relat- and Nationality Act (8 U.S.C. 1326), relating ital mutilation. ing to sabotage, except for section 2152. to the reentry of a removed alien, but only if ‘‘(ix) Section 117, relating to domestic as- ‘‘(xxxvii) Any section of chapter 109A, re- the alien is described in paragraph (1) or (2) sault by a habitual offender. lating to sexual abuse. of subsection (b) of that section. ‘‘(x) Any section of chapter 10, relating to ‘‘(xxxviii) Section 2250, relating to failure ‘‘(lx) Section 277 of the Immigration and biological weapons. to register as a sex offender. Nationality Act (8 U.S.C. 1327), relating to ‘‘(xi) Any section of chapter 11B, relating ‘‘(xxxix) Section 2251, relating to the sex- aiding or assisting certain aliens to enter the to chemical weapons. ual exploitation of children. United States. ‘‘(xii) Section 351, relating to Congres- ‘‘(xl) Section 2251A, relating to the selling ‘‘(lxi) Section 278 of the Immigration and sional, Cabinet, and Supreme Court assas- or buying of children. Nationality Act (8 U.S.C. 1328), relating to sination, kidnapping, and assault. ‘‘(xli) Section 2252, relating to certain ac- the importation of an alien into the United ‘‘(xiii) Section 521, relating to criminal tivities relating to material involving the States for an immoral purpose. street gangs. sexual exploitation of minors. ‘‘(lxii) Any section of the Export Adminis- ‘‘(xiv) Section 751, relating to prisoners in ‘‘(xlii) Section 2252A, relating to certain tration Act of 1979 (50 U.S.C. 4611 et seq.) custody of an institution or officer. activities involving material constituting or ‘‘(lxiii) Section 206 of the International ‘‘(xv) Section 793, relating to gathering, containing child pornography. Emergency Economic Powers Act (50 U.S.C. transmitting, or losing defense information. ‘‘(xliii) Section 2260, relating to the pro- 1705). ‘‘(xvi) Section 794, relating to gathering or duction of sexually explicit depictions of a ‘‘(lxiv) Section 601 of the National Security delivering defense information to aid a for- minor for importation into the United Act of 1947 (50 U.S.C. 3121), relating to the eign government. States. protection of identities of certain United ‘‘(xvii) Any section of chapter 39, relating ‘‘(xliv) Section 2283, relating to the trans- States undercover intelligence officers, to explosives and other dangerous articles, portation of explosive, biological, chemical, agents, informants, and sources. except for section 836 (relating to the trans- or radioactive or nuclear materials. ‘‘(lxv) Subparagraph (A)(i) or (B)(i) of sec- portation of fireworks into a State prohib- ‘‘(xlv) Section 2284, relating to the trans- tion 401(b)(1) of the Controlled Substances iting sale or use). portation of terrorists. Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or ‘‘(xviii) Section 842(p), relating to distribu- ‘‘(xlvi) Section 2291, relating to the de- (2)(A) of section 1010(b) of the Controlled tion of information relating to explosives, struction of a vessel or maritime facility, Substances Import and Export Act (21 U.S.C. destructive devices, and weapons of mass de- but only if the conduct that led to the con- 960(b)), relating to manufacturing, distrib- struction, but only if the conviction involved viction involved a substantial risk of death uting, dispensing, or possessing with intent a weapon of mass destruction (as defined in or serious bodily injury. to manufacture, distribute, dispense, or section 2332a(c)). ‘‘(xlvii) Any section of chapter 113B, relat- knowingly importing or exporting, a mixture ‘‘(xix) Subsection (f)(3), (h), or (i) of section ing to terrorism. or substance containing a detectable amount 844, relating to the use of fire or an explo- ‘‘(xlviii) Section 2340A, relating to torture. of heroin if the sentencing court finds that sive. ‘‘(xlix) Section 2381, relating to treason. the offender was an organizer, leader, man- ‘‘(xx) Section 871, relating to threats ‘‘(l) Section 2442, relating to the recruit- ager, or supervisor of others in the offense, against the President and successors to the ment or use of child soldiers. as determined under the guidelines promul- Presidency. ‘‘(li) An offense described in section gated by the United States Sentencing Com- ‘‘(xxi) Section 879, relating to threats 3559(c)(2)(F), for which the offender was sen- mission. against former Presidents and certain other tenced to a term of imprisonment of more ‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of persons. than 1 year, if the offender has a previous section 401(b)(1) of the Controlled Substances ‘‘(xxii) Section 924(c), relating to unlawful conviction, for which the offender served a Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or possession or use of a firearm during and in term of imprisonment of more than 1 year, (2)(F) of section 1010(b) of the Controlled relation to any crime of violence or drug for a Federal or State offense, by whatever Substances Import and Export Act (21 U.S.C. trafficking crime. designation and wherever committed, con- 960(b)), relating to manufacturing, distrib- ‘‘(xxiii) Section 1030(a)(1), relating to fraud sisting of murder (as described in section uting, dispensing, or possessing with intent and related activity in connection with com- 1111), voluntary manslaughter (as described to manufacture, distribute, or dispense, a puters. in section 1112), assault with intent to com- mixture or substance containing a detectable

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amount of N-phenyl-N-[1-(2-phenylethyl)-4- vism reduction program or productive activ- ‘‘(b) REVIEW AND RECOMMENDATIONS RE- piperidinyl] propanamide, or any analogue ity rules, which shall provide— GARDING DYSLEXIA MITIGATION.—In carrying thereof. ‘‘(1) general levels of violations and result- out subsection (a), the Attorney General ‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) ing reductions; shall consider the prevalence and mitigation of section 401(b)(1) of the Controlled Sub- ‘‘(2) that any reduction that includes the of dyslexia in prisons, including by— stances Act (21 U.S.C. 841(b)(1)) or paragraph loss of time credits shall require written no- ‘‘(1) reviewing statistics on the prevalence (1)(H) or (2)(H) of section 1010(b) the Con- tice to the prisoner, shall be limited to time of dyslexia, and the effectiveness of any pro- trolled Substances Import and Export Act (21 credits that a prisoner earned as of the date grams implemented to mitigate the effects U.S.C. 960(b)), relating to manufacturing, of the prisoner’s rule violation, and shall not of dyslexia, in prisons operated by the Bu- distributing, dispensing, or possessing with include any future time credits that the pris- reau of Prisons and State-operated prisons intent to manufacture, distribute, or dis- oner may earn; and throughout the United States; and pense, or knowingly importing or exporting, ‘‘(3) for a procedure to restore time credits ‘‘(2) incorporating the findings of the At- a mixture of substance containing a detect- that a prisoner lost as a result of a rule vio- torney General under paragraph (1) of this able amount of methamphetamine, its salts, lation, based on the prisoner’s individual subsection into any directives given to the isomers, or salts of its isomers, if the sen- progress after the date of the rule violation. Bureau of Prisons under paragraph (5) of sub- tencing court finds that the offender was an ‘‘(f) BUREAU OF PRISONS TRAINING.—The At- section (a). organizer, leader, manager, or supervisor of torney General shall develop and implement others in the offense, as determined under training programs for Bureau of Prisons offi- ‘‘§ 3634. Report the guidelines promulgated by the United cers and employees responsible for admin- ‘‘Beginning on the date that is 2 years States Sentencing Commission. istering the System, which shall include— after the date of enactment of this sub- ‘‘(lxviii) Subparagraph (A) or (B) of section ‘‘(1) initial training to educate officers and chapter, and annually thereafter for a period 401(b)(1) of the Controlled Substances Act (21 employees on how to use the System in an of 5 years, the Attorney General shall submit U.S.C. 841(b)(1)) or paragraph (1) or (2) of sec- appropriate and consistent manner, as well a report to the Committees on the Judiciary tion 1010(b) of the Controlled Substances Im- as the reasons for using the System; of the Senate and the House of Representa- port and Export Act (21 U.S.C. 960(b)), relat- ‘‘(2) continuing education; tives and the Subcommittees on Commerce, ing to manufacturing, distributing, dis- ‘‘(3) periodic training updates; and pensing, or possessing with intent to manu- ‘‘(4) a requirement that such officers and Justice, Science, and Related Agencies of the facture, distribute, or dispense, a controlled employees demonstrate competence in ad- Committees on Appropriations of the Senate substance, or knowingly importing or ex- ministering the System, including interrater and the House of Representatives that con- porting a controlled substance, if the sen- reliability, on a biannual basis. tains the following: tencing court finds that— ‘‘(g) QUALITY ASSURANCE.—In order to en- ‘‘(1) A summary of the activities and ac- ‘‘(I) the offense involved a mixture or sub- sure that the Bureau of Prisons is using the complishments of the Attorney General in stance containing a detectable amount of N- System in an appropriate and consistent carrying out this Act. phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] manner, the Attorney General shall monitor ‘‘(2) A summary and assessment of the propanamide, or any analogue thereof; and and assess the use of the System, which shall types and effectiveness of the evidence-based ‘‘(II) the offender was an organizer, leader, include conducting annual audits of the Bu- recidivism reduction programs and produc- manager, or supervisor of others in the of- reau of Prisons regarding the use of the Sys- tive activities in prisons operated by the Bu- fense, as determined under the guidelines tem. reau of Prisons, including— promulgated by the United States Sen- ‘‘(h) DYSLEXIA SCREENING.— ‘‘(A) evidence about which programs have tencing Commission. ‘‘(1) SCREENING.—The Attorney General been shown to reduce recidivism; shall incorporate a dyslexia screening pro- ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO ‘‘(B) the capacity of each program and ac- gram into the System, including by screen- APPLY TIME CREDITS.— tivity at each prison, including the number ing for dyslexia during— ‘‘(i) IN GENERAL.—A prisoner is ineligible of prisoners along with the recidivism risk of to apply time credits under subparagraph (C) ‘‘(A) the intake process; and each prisoner enrolled in each program; and if the prisoner is the subject of a final order ‘‘(B) each periodic risk reassessment of a ‘‘(C) identification of any gaps or shortages of removal under any provision of the immi- prisoner. in capacity of such programs and activities. gration laws (as such term is defined in sec- ‘‘(2) TREATMENT.—The Attorney General ‘‘(3) Rates of recidivism among individuals tion 101(a)(17) of the Immigration and Na- shall incorporate programs designed to treat who have been released from Federal prison, tionality Act (8 U.S.C. 1101(a)(17))). dyslexia into the evidence-based recidivism based on the following criteria: reduction programs or productive activities ‘‘(ii) PROCEEDINGS.—The Attorney General, ‘‘(A) The primary offense of conviction. in consultation with the Secretary of Home- required to be implemented under this sec- ‘‘(B) The length of the sentence imposed land Security, shall ensure that any alien de- tion. The Attorney General may also incor- and served. scribed in section 212 or 237 of the Immigra- porate programs designed to treat other ‘‘(C) The Bureau of Prisons facility or fa- tion and Nationality Act (8 U.S.C. 1182, 1227) learning disabilities. cilities in which the prisoner’s sentence was who seeks to earn time credits are subject to ‘‘§ 3633. Evidence-based recidivism reduction served. proceedings described in section 238(a) of program and recommendations ‘‘(D) The evidence-based recidivism reduc- that Act (8 U.S.C. 1228(a)) at a date as early ‘‘(a) IN GENERAL.—Prior to releasing the tion programming that the prisoner success- as practicable during the prisoner’s incarcer- System, in consultation with the Inde- fully completed, if any. ation. pendent Review Committee authorized by ‘‘(E) The prisoner’s assessed and reassessed ‘‘(5) RISK REASSESSMENTS AND LEVEL AD- the First Step Act of 2018, the Attorney Gen- risk of recidivism. JUSTMENT.—A prisoner who successfully par- eral shall— ‘‘(F) The productive activities that the ticipates in evidence-based recidivism reduc- ‘‘(1) review the effectiveness of evidence- prisoner successfully completed, if any. tion programming or productive activities based recidivism reduction programs that ‘‘(4) The status of prison work programs at shall receive periodic risk reassessments not exist as of the date of enactment of this sub- facilities operated by the Bureau of Prisons, less often than annually, and a prisoner de- chapter in prisons operated by the Bureau of including— termined to be at a medium or high risk of Prisons; ‘‘(A) a strategy to expand the availability recidivating and who has less than 5 years ‘‘(2) review available information regard- of such programs without reducing job op- until his or her projected release date shall ing the effectiveness of evidence-based re- portunities for workers in the United States receive more frequent risk reassessments. If cidivism reduction programs and productive who are not in the custody of the Bureau of the reassessment shows that the prisoner’s activities that exist in State-operated pris- Prisons, including the feasibility of prisoners risk of recidivating or specific needs have ons throughout the United States; manufacturing products purchased by Fed- changed, the Bureau of Prisons shall update ‘‘(3) identify the most effective evidence- eral agencies that are manufactured over- the determination of the prisoner’s risk of based recidivism reduction programs; seas; recidivating or information regarding the ‘‘(4) review the policies for entering into ‘‘(B) an assessment of the feasibility of ex- prisoner’s specific needs and reassign the evidence-based recidivism reduction partner- panding such programs, consistent with the prisoner to appropriate evidence-based re- ships described in section 3621(h)(5); and strategy required under subparagraph (A), cidivism reduction programming or produc- ‘‘(5) direct the Bureau of Prisons regard- with the goal that 5 years after the date of tive activities based on such changes. ing— enactment of this subchapter, not less than ‘‘(6) RELATION TO OTHER INCENTIVE PRO- ‘‘(A) evidence-based recidivism reduction 75 percent of eligible minimum- and low-risk GRAMS.—The incentives described in this programs; offenders have the opportunity to participate subsection shall be in addition to any other ‘‘(B) the ability for faith-based organiza- in a prison work program for not less than 20 rewards or incentives for which a prisoner tions to function as a provider of educational hours per week; and may be eligible. evidence-based programs outside of the reli- ‘‘(C) a detailed discussion of legal authori- ‘‘(e) PENALTIES.—The Director of the Bu- gious classes and services provided through ties that would be useful or necessary to reau of Prisons shall develop guidelines for the Chaplaincy; and achieve the goals described in subparagraphs the reduction of rewards and incentives ‘‘(C) the addition of any new effective evi- (A) and (B). earned under subsection (d) for prisoners who dence-based recidivism reduction programs ‘‘(5) An assessment of the Bureau of Pris- violate prison rules or evidence-based recidi- that the Attorney General finds. ons’ compliance with section 3621(h).

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.017 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7665 ‘‘(6) An assessment of progress made to- vism reduction program’ means either a was a prisoner prior to the effective date of ward carrying out the purposes of this sub- group or individual activity that— this subsection), regardless of the prisoner’s chapter, including any savings associated ‘‘(A) has been shown by empirical evidence length of imposed term of imprisonment, and with— to reduce recidivism or is based on research begin to assign prisoners to appropriate evi- ‘‘(A) the transfer of prisoners into indicating that it is likely to be effective in dence-based recidivism reduction programs prerelease custody or supervised release reducing recidivism; based on that determination; under section 3624(g), including savings re- ‘‘(B) is designed to help prisoners succeed ‘‘(B) begin to expand the effective evi- sulting from the avoidance or deferral of fu- in their communities upon release from pris- dence-based recidivism reduction programs ture construction, acquisition, and oper- on; and and productive activities it offers and add ations costs; and ‘‘(C) may include— any new evidence-based recidivism reduction ‘‘(B) any decrease in recidivism that may ‘‘(i) social learning and communication, programs and productive activities nec- be attributed to the System or the increase interpersonal, anti-bullying, rejection re- essary to effectively implement the System; in evidence-based recidivism reduction pro- sponse, and other life skills; and grams required under this subchapter. ‘‘(ii) family relationship building, struc- ‘‘(C) begin to implement the other risk and ‘‘(7) An assessment of budgetary savings tured parent-child interaction, and parenting needs assessment tools necessary to effec- resulting from this subchapter, including— skills; tively implement the System over time, ‘‘(A) a summary of the amount of savings ‘‘(iii) classes on morals or ethics; while prisoners are participating in and com- resulting from the transfer of prisoners into ‘‘(iv) academic classes; pleting the effective evidence-based recidi- prerelease custody under this chapter, in- ‘‘(v) cognitive behavioral treatment; vism reduction programs and productive ac- cluding savings resulting from the avoidance ‘‘(vi) mentoring; tivities. or deferral of future construction, acquisi- ‘‘(vii) substance abuse treatment; ‘‘(2) PHASE-IN.—In order to carry out para- tion, or operations costs; ‘‘(viii) vocational training; graph (1), so that every prisoner has the op- ‘‘(B) a summary of the amount of savings ‘‘(ix) faith-based classes or services; portunity to participate in and complete the resulting from any decrease in recidivism ‘‘(x) civic engagement and reintegrative type and amount of evidence-based recidi- that may be attributed to the implementa- community services; vism reduction programs or productive action of the risk and needs assessment system ‘‘(xi) a prison job, including through a pris- tivities they need, and be reassessed for re- or the increase in recidivism reduction pro- on work program; cidivism risk as necessary to effectively im- grams and productive activities required by ‘‘(xii) victim impact classes or other re- plement the System, the Bureau of Prisons this subchapter; storative justice programs; and shall— ‘‘(C) a strategy to reinvest the savings de- ‘‘(xiii) trauma counseling and trauma-in- ‘‘(A) provide such evidence-based recidi- scribed in subparagraphs (A) and (B) in formed support programs. vism reduction programs and productive activities for all prisoners before the date that other— ‘‘(4) PRISONER.—The term ‘prisoner’ means ‘‘(i) Federal, State, and local law enforce- a person who has been sentenced to a term of is 2 years after the date on which the Bureau ment activities; and imprisonment pursuant to a conviction for a of Prisons completes a risk and needs assess- ‘‘(ii) expansions of recidivism reduction Federal criminal offense, or a person in the ment for each prisoner under paragraph programs and productive activities in the custody of the Bureau of Prisons. (1)(A); and ‘‘(B) develop and validate the risk and Bureau of Prisons; and ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro- needs assessment tool to be used in the reas- ‘‘(D) a description of how the reduced ex- ductive activity’ means either a group or in- sessments of risk of recidivism, while pris- penditures on Federal corrections and the dividual activity that is designed to allow oners are participating in and completing budgetary savings resulting from this sub- prisoners determined as having a minimum evidence-based recidivism reduction pro- chapter are currently being used and will be or low risk of recidivating to remain produc- grams and productive activities. used to— tive and thereby maintain a minimum or low ‘‘(3) PRIORITY DURING PHASE-IN.—During ‘‘(i) increase investment in law enforce- risk of recidivating, and may include the de- the 2-year period described in paragraph ment and crime prevention to combat gangs livery of the programs described in para- (2)(A), the priority for such programs and ac- of national significance and high-level drug graph (1) to other prisoners. tivities shall be accorded based on a pris- traffickers through the High Intensity Drug ISK AND NEEDS ASSESSMENT TOOL ‘‘(6) R .— oner’s proximity to release date. Trafficking Areas Program and other task The term ‘risk and needs assessment tool’ ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- forces; means an objective and statistically vali- BASED RECIDIVISM REDUCTION PROGRAMS AND ‘‘(ii) hire, train, and equip law enforcement dated method through which information is AUTHORITY TO USE INCENTIVES.—Beginning on officers and prosecutors; and collected and evaluated to determine— the date of enactment of this subsection, the ‘‘(iii) promote crime reduction programs ‘‘(A) as part of the intake process, the risk Bureau of Prisons may begin to expand any using evidence-based practices and strategic that a prisoner will recidivate upon release evidence-based recidivism reduction pro- planning to help reduce crime and criminal from prison; grams and productive activities that exist at recidivism. ‘‘(B) the recidivism reduction programs a prison as of such date, and may offer to ‘‘(8) Statistics on— that will best minimize the risk that the prisoners who successfully participate in ‘‘(A) the prevalence of dyslexia among pris- prisoner will recidivate upon release from such programs and activities the incentives oners in prisons operated by the Bureau of prison; and and rewards described in subchapter D. Prisons; and ‘‘(C) the periodic reassessment of risk that ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— ‘‘(B) any change in the effectiveness of dys- a prisoner will recidivate upon release from In order to expand evidence-based recidivism lexia mitigation programs among such pris- prison, based on factors including indicators reduction programs and productive activi- oners that may be attributed to the incorpo- of progress and of regression, that are dy- ties, the Attorney General shall develop poli- ration of dyslexia screening into the System namic and that can reasonably be expected cies for the warden of each prison of the Bu- and of dyslexia treatment into the evidence- to change while in prison.’’. reau of Prisons to enter into partnerships, based recidivism reduction programs, as re- (b) CLERICAL AMENDMENT.—The table of subject to the availability of appropriations, quired under this chapter. subchapters for chapter 229 of title 18, United with any of the following: ‘‘§ 3635. Definitions States Code, is amended by adding at the end ‘‘(A) Nonprofit and other private organiza- ‘‘In this subchapter the following defini- the following: tions, including faith-based, art, and commu- tions apply: ‘‘D. Risk and Needs Assessment ...... 3631’’. nity-based organizations that will deliver re- ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means SEC. 102. IMPLEMENTATION OF SYSTEM AND cidivism reduction programming on a paid or an unexpected difficulty in reading for an in- RECOMMENDATIONS BY BUREAU OF volunteer basis. dividual who has the intelligence to be a PRISONS. ‘‘(B) Institutions of higher education (as much better reader, most commonly caused (a) IMPLEMENTATION OF SYSTEM GEN- defined in section 101 of the Higher Edu- by a difficulty in the phonological processing ERALLY.—Section 3621 of title 18, United cation Act of 1965 (20 U.S.C. 1001)) that will (the appreciation of the individual sounds of States Code, is amended by adding at the end deliver instruction on a paid or volunteer spoken language), which affects the ability the following: basis. of an individual to speak, read, and spell. ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ‘‘(C) Private entities that will— ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The ASSESSMENT SYSTEM.— ‘‘(i) deliver vocational training and certifi- term ‘dyslexia screening program’ means a ‘‘(1) IN GENERAL.—Not later than 180 days cations; screening program for dyslexia that is— after the Attorney General completes and re- ‘‘(ii) provide equipment to facilitate voca- ‘‘(A) evidence-based (as defined in section leases the risk and needs assessment system tional training or employment opportunities 8101(21) of the Elementary and Secondary (referred to in this subsection as the ‘Sys- for prisoners; Education Act of 1965 (20 U.S.C. 7801(21))) tem’) developed under subchapter D, the Di- ‘‘(iii) employ prisoners; or with proven psychometrics for validity; rector of the Bureau of Prisons shall, in ac- ‘‘(iv) assist prisoners in prerelease custody ‘‘(B) efficient and low-cost; and cordance with that subchapter— or supervised release in finding employment. ‘‘(C) readily available. ‘‘(A) implement and complete the initial ‘‘(D) Industry-sponsored organizations that ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION intake risk and needs assessment for each will deliver workforce development and PROGRAM.—The term ‘evidence-based recidi- prisoner (including for each prisoner who training, on a paid or volunteer basis.

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‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO ‘‘(I) be subject to 24-hour electronic moni- If the violation is nontechnical in nature, ALL PRISONERS; PRIORITY.—The Director of toring that enables the prompt identification the Director of the Bureau of Prisons shall the Bureau of Prisons shall provide all pris- of the prisoner, location, and time, in the revoke the prisoner’s prerelease custody. oners with the opportunity to actively par- case of any violation of subclause (II); ‘‘(6) ISSUANCE OF GUIDELINES.—The Attor- ticipate in evidence-based recidivism reduc- ‘‘(II) remain in the prisoner’s residence, ex- ney General, in consultation with the Assist- tion programs or productive activities, accept that the prisoner may leave the pris- ant Director for the Office of Probation and cording to their specific criminogenic needs, oner’s home in order to, subject to the ap- Pretrial Services, shall issue guidelines for throughout their entire term of incarcer- proval of the Director of the Bureau of Pris- use by the Bureau of Prisons in deter- ation. Priority for participation in recidi- ons— mining— vism reduction programs shall be given to ‘‘(aa) perform a job or job-related activi- ‘‘(A) the appropriate type of prerelease cus- medium-risk and high-risk prisoners, with ties, including an apprenticeship, or partici- tody or supervised release and level of super- access to productive activities given to min- pate in job-seeking activities; vision for a prisoner placed on prerelease imum-risk and low-risk prisoners. ‘‘(bb) participate in evidence-based recidi- custody pursuant to this subsection; and ‘‘(7) DEFINITIONS.—The terms in this sub- vism reduction programming or productive ‘‘(B) consequences for a violation of a con- section have the meaning given those terms activities assigned by the System, or similar dition of such prerelease custody by such a in section 3635.’’. activities; prisoner, including a return to prison and a (b) PRERELEASE CUSTODY.— ‘‘(cc) perform community service; reassessment of evidence-based recidivism (1) IN GENERAL.—Section 3624 of title 18, ‘‘(dd) participate in crime victim restora- risk level under the System. United States Code, is amended— tion activities; ‘‘(7) AGREEMENTS WITH UNITED STATES PRO- (A) in subsection (b)(1)— ‘‘(ee) receive medical treatment; BATION AND PRETRIAL SERVICES.—The Direc- (i) by striking ‘‘, beyond the time served, ‘‘(ff) attend religious activities; or tor of the Bureau of Prisons shall, to the of up to 54 days at the end of each year of the ‘‘(gg) participate in other family-related greatest extent practicable, enter into agree- prisoner’s term of imprisonment, beginning activities that facilitate the prisoner’s suc- ments with United States Probation and at the end of the first year of the term,’’ and cessful reentry such as a family funeral, a Pretrial Services to supervise prisoners inserting ‘‘of up to 54 days for each year of family wedding, or to visit a family member placed in home confinement under this sub- the prisoner’s sentence imposed by the who is seriously ill; and section. Such agreements shall— court,’’; and ‘‘(III) comply with such other conditions as ‘‘(A) authorize United States Probation (ii) by striking ‘‘credit for the last year or the Director determines appropriate. and Pretrial Services to exercise the author- portion of a year of the term of imprison- ‘‘(ii) ALTERNATE MEANS OF MONITORING.—If ity granted to the Director pursuant to para- ment shall be prorated and credited within the electronic monitoring of a prisoner de- graphs (3) and (4); and the last six weeks of the sentence’’ and in- scribed in clause (i)(I) is infeasible for tech- ‘‘(B) take into account the resource re- serting ‘‘credit for the last year of a term of nical or religious reasons, the Director of the quirements of United States Probation and imprisonment shall be credited on the first Bureau of Prisons may use alternative Pretrial Services as a result of the transfer day of the last year of the term of imprison- means of monitoring a prisoner placed in of Bureau of Prisons prisoners to prerelease ment’’; and home confinement that the Director deter- custody or supervised release. (B) by adding at the end the following: mines are as effective or more effective than ‘‘(8) ASSISTANCE.—United States Probation ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED the electronic monitoring described in clause and Pretrial Services shall, to the greatest RELEASE FOR RISK AND NEEDS ASSESSMENT (i)(I). extent practicable, offer assistance to any SYSTEM PARTICIPANTS.— ‘‘(iii) MODIFICATIONS.—The Director of the prisoner not under its supervision during ‘‘(1) ELIGIBLE PRISONERS.—This subsection Bureau of Prisons may modify the conditions prerelease custody under this subsection. applies in the case of a prisoner (as such described in clause (i) if the Director deter- ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL term is defined in section 3635) who— mines that a compelling reason exists to do SERVICES.—Any prerelease custody into ‘‘(A) has earned time credits under the risk so, and that the prisoner has demonstrated which a prisoner is placed under this sub- and needs assessment system developed exemplary compliance with such conditions. section may not include a condition prohib- under subchapter D (referred to in this sub- ‘‘(iv) DURATION.—Except as provided in section as the ‘System’) in an amount that is paragraph (4), a prisoner who is placed in iting the prisoner from receiving mentoring, equal to the remainder of the prisoner’s im- home confinement shall remain in home con- reentry, or spiritual services from a person posed term of imprisonment; finement until the prisoner has served not who provided such services to the prisoner ‘‘(B) has shown through the periodic risk less than 85 percent of the prisoner’s imposed while the prisoner was incarcerated, except reassessments a demonstrated recidivism term of imprisonment. that the warden of the facility at which the prisoner was incarcerated may waive the re- risk reduction or has maintained a minimum ‘‘(B) RESIDENTIAL REENTRY CENTER.—A or low recidivism risk, during the prisoner’s prisoner placed in prerelease custody pursu- quirement under this paragraph if the war- term of imprisonment; ant to this subsection who is placed at a resi- den finds that the provision of such services ‘‘(C) has had the remainder of the pris- dential reentry center shall be subject to would pose a significant security risk to the oner’s imposed term of imprisonment com- such conditions as the Director of the Bu- prisoner, persons who provide such services, puted under applicable law; and reau of Prisons determines appropriate. or any other person. The warden shall pro- ‘‘(D)(i) in the case of a prisoner being ‘‘(3) SUPERVISED RELEASE.—If the sen- vide written notice of any such waiver to the placed in prerelease custody, the prisoner— tencing court included as a part of the pris- person providing such services and to the ‘‘(I) has been determined under the System oner’s sentence a requirement that the pris- prisoner. to be a minimum or low risk to recidivate oner be placed on a term of supervised re- ‘‘(10) TIME LIMITS INAPPLICABLE.—The time pursuant to the last 2 reassessments of the lease after imprisonment pursuant to section limits under subsections (b) and (c) shall not prisoner; or 3583, the Director of the Bureau of Prisons apply to prerelease custody under this sub- ‘‘(II) has had a petition to be transferred to may transfer the prisoner to begin any such section. prerelease custody or supervised release ap- term of supervised release at an earlier date, ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The proved by the warden of the prison, after the not to exceed 12 months, based on the appli- Director of the Bureau of Prisons shall en- warden’s determination that— cation of time credits under section 3632. sure there is sufficient prerelease custody ‘‘(aa) the prisoner would not be a danger to ‘‘(4) DETERMINATION OF CONDITIONS.—In de- capacity to accommodate all eligible pris- society if transferred to prerelease custody termining appropriate conditions for prisoners.’’. or supervised release; oners placed in prerelease custody pursuant (2) EFFECTIVE DATE.—The amendments ‘‘(bb) the prisoner has made a good faith ef- to this subsection, the Director of the Bu- made by this subsection shall take effect be- fort to lower their recidivism risk through reau of Prisons shall, to the extent prac- ginning on the date that the Attorney Gen- participation in recidivism reduction pro- ticable, provide that increasingly less re- eral completes and releases the risk and grams or productive activities; and strictive conditions shall be imposed on pris- needs assessment system under subchapter D ‘‘(cc) the prisoner is unlikely to recidivate; oners who demonstrate continued compli- of chapter 229 of title 18, United States Code, or ance with the conditions of such prerelease as added by section 101(a) of this Act. ‘‘(ii) in the case of a prisoner being placed custody, so as to most effectively prepare (3) APPLICABILITY.—The amendments made in supervised release, the prisoner has been such prisoners for reentry. by this subsection shall apply with respect determined under the System to be a min- ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris- to offenses committed before, on, or after the imum or low risk to recidivate pursuant to oner violates a condition of the prisoner’s date of enactment of this Act, except that the last reassessment of the prisoner. prerelease custody, the Director of the Bu- such amendments shall not apply with re- ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A reau of Prisons may impose such additional spect to offenses committed before Novem- prisoner shall be placed in prerelease cus- conditions on the prisoner’s prerelease cus- ber 1, 1987. tody as follows: tody as the Director of the Bureau of Prisons SEC. 103. GAO REPORT. ‘‘(A) HOME CONFINEMENT.— determines appropriate, or revoke the pris- Not later than 2 years after the Director of ‘‘(i) IN GENERAL.—A prisoner placed in oner’s prerelease custody and require the the Bureau of Prisons implements the risk prerelease custody pursuant to this sub- prisoner to serve the remainder of the term and needs assessment system under section section who is placed in home confinement of imprisonment to which the prisoner was 3621 of title 18, United States Code, and every shall— sentenced, or any portion thereof, in prison. 2 years thereafter, the Comptroller General

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.017 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7667 of the United States shall conduct an audit any discrimination against it in any manner intensity of programming that most effec- of the use of the risk and needs assessment or for any purpose. tively reduces the risk of recidivism; and system at Bureau of Prisons facilities. The (b) ELIGIBILITY FOR EARNED TIME CREDIT.— (4) reviewing and validating the risk and audit shall include analysis of the following: Participation in a faith-based program, needs assessment system. (1) Whether inmates are being assessed treatment, or regimen may qualify a pris- (f) BUREAU OF PRISONS COOPERATION.—The under the risk and needs assessment system oner for earned time credit under subchapter Director of the Bureau of Prisons shall assist with the frequency required under such sec- D of chapter 229 of title 18, United States the Independent Review Committee in per- tion 3621 of title 18, United States Code. Code, as added by section 101(a) of this Act, forming the Committee’s duties and prompt- (2) Whether the Bureau of Prisons is able however, the Director of the Bureau of Pris- ly respond to requests from the Committee to offer recidivism reduction programs and ons shall ensure that non-faith-based pro- for access to Bureau of Prisons facilities, productive activities (as such terms are de- grams that qualify for earned time credit are personnel, and information. fined in section 3635 of title 18, United States offered at each Bureau of Prisons facility in (g) REPORT.—Not later than 1 year after Code, as added by section 101(a) of this Act). addition to any such faith-based programs. the date of enactment of this Act and annu- (3) Whether the Bureau of Prisons is offer- (c) LIMITATION ON ACTIVITIES.—A group, ally for each year until the Independent Re- ing the type, amount, and intensity of recidi- company, charity, person, or entity may not view Committee terminates under this sec- vism reduction programs and productive ac- engage in explicitly religious activities using tion, the Independent Review Committee tivities for prisoners to earn the maximum direct financial assistance made available shall submit to the Committee on the Judici- amount of time credits for which they are el- under this title or the amendments made by ary and the Subcommittee on Commerce, igible. this title. Justice, Science, and Related Agencies of the (4) Whether the Attorney General is car- (d) RULE OF CONSTRUCTION.—Nothing in Committee on Appropriations of the Senate rying out the duties under section 3631(b) of this Act, or the amendments made by this and the Committee on the Judiciary and the title 18, United States Code, as added by sec- Act, may be construed to amend any require- Subcommittee on Commerce, Justice, tion 101(a) of this Act. ment under Federal law or the Constitution Science, and Related Agencies of the Com- (5) Whether officers and employees of the of the United States regarding funding for mittee on Appropriations of the House of Bureau of Prisons are receiving the training faith-based programs or activities. Representatives a public report that in- described in section 3632(f) of title 18, United SEC. 107. INDEPENDENT REVIEW COMMITTEE. cludes— States Code, as added by section 101(a) of (a) IN GENERAL.—The Attorney General this Act. shall consult with an Independent Review SA 4123. Mr. GARDNER submitted an (6) Whether the Bureau of Prisons offers Committee in carrying out the Attorney amendment intended to be proposed to work assignments to all prisoners who might General’s duties under sections 3631(b), 3632 amendment SA 4108 proposed by Mr. benefit from such an assignment. and 3633 of title 18, United States Code, as MCCONNELL (for Mr. GRASSLEY) to the (7) Whether the Bureau of Prisons transfers added by section 101(a) of this Act. bill S. 756, to reauthorize and amend prisoners to prerelease custody or supervised (b) FORMATION OF INDEPENDENT REVIEW the Marine Debris Act to promote release as soon as they are eligible for such COMMITTEE.—The National Institute of Jus- a transfer under section 3624(g) of title 18, international action to reduce marine tice shall select a nonpartisan and nonprofit debris, and for other purposes; which United States Code, as added by section organization with expertise in the study and 102(b) of this Act. development of risk and needs assessment was ordered to lie on the table; as fol- (8) The rates of recidivism among similarly tools to host the Independent Review Com- lows: classified prisoners to identify any unwar- mittee. The Independent Review Committee At the appropriate place, insert the fol- ranted disparities, including disparities shall be established not later than 30 days lowing: among similarly classified prisoners of dif- after the date of enactment of this Act. SEC. lll. STRENGTHENING THE TENTH ferent demographic groups, in such rates. (c) APPOINTMENT OF INDEPENDENT REVIEW AMENDMENT THROUGH ENTRUST- SEC. 104. AUTHORIZATION OF APPROPRIATIONS. COMMITTEE.—The organization selected by ING STATES. (a) IN GENERAL.—There is authorized to be the National Institute of Justice shall ap- (a) SHORT TITLE.—This section may be appropriated to carry out this title point not fewer than 6 members to the Inde- cited as the ‘‘Strengthening the Tenth $75,000,000 for each of fiscal years 2019 pendent Review Committee. Amendment Through Entrusting States through 2023. Of the amount appropriated (d) COMPOSITION OF THE INDEPENDENT RE- Act’’ or the ‘‘STATES Act’’. under this subsection, 80 percent shall be re- VIEW COMMITTEE.—The members of the Inde- (b) RULE REGARDING APPLICATION TO MARI- served for use by the Director of the Bureau pendent Review Committee shall all have ex- HUANA.— of Prisons to implement the system under pertise in risk and needs assessment systems (1) IN GENERAL.—Part G of the Controlled section 3621(h) of title 18, United States and shall include— Substances Act (21 U.S.C. 801 et seq.) is Code, as added by section 102(a) of this Act. (1) 2 individuals who have published peer- amended by adding at the end the following: (b) SAVINGS.—It is the sense of Congress reviewed scholarship about risk and needs ‘‘RULE REGARDING APPLICATION TO MARIHUANA that any savings associated with reductions assessments in both corrections and commu- ‘‘SEC. 710. (a) The provisions of this title as in recidivism that result from this title nity settings; applied to marihuana, other than the provi- should be reinvested— (2) 2 corrections practitioners who have de- sions described in subsection (c) and other (1) to supplement funding for programs veloped and implemented a risk assessment than as provided in subsection (d), shall not that increase public safety by providing re- tool in a corrections system or in a commu- apply to any person acting in compliance sources to State and local law enforcement nity supervision setting, including 1 with with State law relating to the manufacture, officials, including for the adoption of inno- prior experience working within the Bureau production, possession, distribution, dis- vative technologies and information sharing of Prisons; and pensation, administration, or delivery of capabilities; (3) 1 individual with expertise in assessing marihuana. (2) into evidence-based recidivism reduc- risk assessment implementation. ‘‘(b) The provisions of this title related to tion programs offered by the Bureau of Pris- (e) DUTIES OF THE INDEPENDENT REVIEW marihuana, other than the provisions de- ons; and COMMITTEE.—The Independent Review Com- scribed in subsection (c) and other than as (3) into ensuring eligible prisoners have ac- mittee shall assist the Attorney General in provided in subsection (d), shall not apply to cess to such programs and productive activi- carrying out the Attorney General’s duties any person acting in compliance with the ties offered by the Bureau of Prisons. under sections 3631(b), 3632 and 3633 of title law of a Federally recognized Indian tribe SEC. 105. RULE OF CONSTRUCTION. 18, United States Code, as added by section within its jurisdiction in Indian Country, as Nothing in this Act, or the amendments 101(a) of this Act, including by assisting in— defined in section 1151 of title 18, United made by this Act, may be construed to pro- (1) conducting a review of the existing pris- States Code, related to the manufacture, vide authority to place a prisoner in oner risk and needs assessment systems in production, possession, distribution, dis- prerelease custody or supervised release who operation on the date of enactment of this pensation, administration, or delivery of is serving a term of imprisonment pursuant Act; marihuana so long as such jurisdiction is lo- to a conviction for an offense under the laws (2) developing recommendations regarding cated within a state that permits, respec- of one of the 50 States, or of a territory or evidence-based recidivism reduction pro- tively, manufacture, production, possession, possession of the United States or to amend grams and productive activities; distribution, dispensation, administration, or affect the enforcement of the immigration (3) conducting research and data analysis or delivery of marihuana. laws, as defined in section 101 of the Immi- on— ‘‘(c) The provisions described in this sub- gration and Nationality Act (8 U.S.C. 1101). (A) evidence-based recidivism reduction section are— SEC. 106. FAITH-BASED CONSIDERATIONS. programs relating to the use of prisoner risk ‘‘(1) section 401(a)(1), with respect to a vio- (a) IN GENERAL.—In considering any pro- and needs assessment tools; lation of section 409 or 418; gram, treatment, regimen, group, company, (B) the most effective and efficient uses of ‘‘(2) section 409; charity, person, or entity of any kind under such programs; and ‘‘(3) section 417; and any provision of this Act, or the amend- (C) which evidence-based recidivism reduc- ‘‘(4) section 418. ments made by this Act, the fact that it may tion programs are the most effective at re- ‘‘(d) Subsection (a) shall not apply to any be or is faith-based may not be a basis for ducing recidivism, and the type, amount, and person who—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.017 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7668 CONGRESSIONAL RECORD — SENATE December 17, 2018 ‘‘(1) violates the Controlled Substances Act SA 4125. Ms. HARRIS submitted an ‘‘(3) the term ‘eligible individual’ means an with respect to any other controlled sub- amendment intended to be proposed to individual who— stance; amendment SA 4108 proposed by Mr. ‘‘(A) has been arrested for or convicted of ‘‘(2) notwithstanding compliance with a qualifying offense; MCCONNELL (for Mr. GRASSLEY) to the State or tribal law, knowingly or inten- ‘‘(B) in the case of a conviction described tionally manufactures, produces, possesses, bill S. 756, to reauthorize and amend in subparagraph (A)— distributes, dispenses, administers, or deliv- the Marine Debris Act to promote ‘‘(i) has fulfilled each requirement of the ers any other marihuana in violation of the international action to reduce marine sentence for the qualifying offense, includ- laws of the State or tribe in which such man- debris, and for other purposes; which ing— ufacture, production, possession, distribu- was ordered to lie on the table; as fol- ‘‘(I) completing each term of imprison- tion, dispensation, administration, or deliv- lows: ment, probation, or supervised release; and ‘‘(II) satisfying each condition of imprison- ery occurs; or Beginning on page 46, strike line 23 and all ment, probation, or supervised release; ‘‘(3) employs or hires any person under 18 that follows through page 48, line 20 and in- ‘‘(ii) has satisfactorily completed a covered years of age to manufacture, produce, dis- sert the following: treatment program; and tribute, dispense, administer, or deliver mar- ‘‘(I) remain in the prisoner’s residence, ex- ‘‘(iii) has rendered service for a period of ihuana.’’. cept that the prisoner may leave the pris- (c) TRANSPORTATION SAFETY OFFENSES.— not less than 180 days— oner’s home in order to, subject to the ap- Section 409 of the Controlled Substances Act ‘‘(I) as a peer mentor in a substance use proval of the Director of the Bureau of Pris- (21 U.S.C. 849) is amended— disorder peer mentorship program; or ons— (1) in subsection (b), in the matter pre- ‘‘(II) if service described in subclause (I) is ‘‘(aa) perform a job or job-related activi- ceding paragraph (1)— not practicable, as a volunteer; ties, including an apprenticeship, or partici- (A) by striking ‘‘A person’’ and inserting ‘‘(C) has not been convicted of more than 2 pate in job-seeking activities; ‘‘Except as provided in subsection (d), a per- felonies that are covered nonviolent offenses, ‘‘(bb) participate in evidence-based recidi- son’’; and including any such convictions that have vism reduction programming or productive (B) by striking ‘‘subsection (b)’’ and insert- been sealed; and activities assigned by the System, or similar ing ‘‘subsection (c)’’; ‘‘(D) has not been convicted of any felony activities; (2) in subsection (c), in the matter pre- that is not a covered nonviolent offense; ‘‘(cc) perform community service; ceding paragraph (1)— ‘‘(4) the term ‘petitioner’ means an indi- ‘‘(dd) participate in crime victim restora- (A) by striking ‘‘A person’’ and inserting vidual who files a sealing petition; tion activities; ‘‘Except as provided in subsection (d), a per- ‘‘(5) the term ‘protected information’, with ‘‘(ee) receive medical treatment; son’’; and respect to a qualifying offense, means any ‘‘(ff) attend religious activities; or (B) by striking ‘‘subsection (a)’’ and insert- reference to— ‘‘(gg) participate in other family-related ing ‘‘subsection (b)’’; and ‘‘(A) an arrest, conviction, or sentence of activities that facilitate the prisoner’s suc- (3) by adding at the end the following: an individual for the offense; cessful reentry such as a family funeral, a ‘‘(d) EXCEPTION.—Subsections (b) and (c) ‘‘(B) the institution of criminal pro- family wedding, or to visit a family member shall not apply to any person who possesses, ceedings against an individual for the of- who is seriously ill; and or possesses with intent to distribute mari- fense; or ‘‘(II) comply with such other conditions as huana in compliance with section 710.’’. ‘‘(C) the result of criminal proceedings de- the Director determines appropriate. (d) DISTRIBUTION TO PERSONS UNDER AGE scribed in subparagraph (B); 21.—Section 418 of the Controlled Substances ‘‘(6) the term ‘qualifying offense’ means— Act (21 U.S.C. 859) is amended— SA 4126. Mr. MANCHIN submitted an amendment intended to be proposed to ‘‘(A) a covered nonviolent offense com- (1) in subsection (a), in the first sentence, mitted by an individual whose substance use by inserting ‘‘and subsection (c) of this sec- amendment SA 4108 proposed by Mr. disorder is a substantial contributing factor tion’’ after ‘‘section 419’’; MCCONNELL (for Mr. GRASSLEY) to the in the commission of the offense, as deter- (2) in subsection (b), in the first sentence, bill S. 756, to reauthorize and amend mined by a court reviewing a sealing peti- by inserting ‘‘and subsection(c) of this sec- the Marine Debris Act to promote tion with respect to the offense under section’’ after ‘‘section 419’’; and international action to reduce marine tion 3642(b)(3)(A)(i); or (3) by adding at the end the following: ‘‘(B) in the case of an arrest for an offense ‘‘(c) Subsections (a) and (b) shall not apply debris, and for other purposes; which that does not result in a conviction, a cov- to any person at least 18 years of age who was ordered to lie on the table; as fol- distributes medicinal marihuana to a person lows: ered nonviolent offense with respect to under 21 years of age in compliance with sec- which the act that would have constituted At the end, add the following: the offense is committed by an individual tion 710.’’. TITLE VII—CLEAN START ACT (e) RULE OF CONSTRUCTION.— whose substance use disorder is a substantial SEC. 701. SHORT TITLE. (1) IN GENERAL.—Conduct in compliance contributing factor in the commission of the with this section and the amendments made This title may be cited as the ‘‘Clean Start act, as determined by a court reviewing a by this section— Act’’. sealing petition with respect to the offense (A) shall not be unlawful; SEC. 702. SEALING OF CRIMINAL RECORDS. under section 3642(b)(3)(A)(i); (B) shall not constitute trafficking in a (a) IN GENERAL.—Chapter 229 of title 18, ‘‘(7) the term ‘seal’— controlled substance under section 401 of the United States Code, as amended by section ‘‘(A) means— Controlled Substances Act (21 U.S.C. 841) or 101, is amended by adding at the end the fol- ‘‘(i) to close a record from public viewing any other provision of law; and lowing: so that the record cannot be examined ex- (C) shall not constitute the basis for for- ‘‘Subchapter E—Sealing of Criminal Records cept by court order; and feiture of property under section 511 of the ‘‘Sec. ‘‘(ii) to physically seal the record shut and Controlled Substances Act (21 U.S.C. 881) or ‘‘3641. Definitions. label the record ‘SEALED’ or, in the case of section 981 of title 18, United States Code. ‘‘3642. Sealing petition. an electronic record, the substantive equiva- (2) PROCEEDS.—The proceeds from any ‘‘3643. Effect of sealing order. lent; and transaction in compliance with this section ‘‘§ 3641. Definitions ‘‘(B) has the effect described in section and the amendments made by this section ‘‘In this subchapter— 3643, including— shall not be deemed to be the proceeds of an ‘‘(1) the term ‘covered nonviolent offense’ ‘‘(i) the right to treat the offense to which unlawful transaction under section 1956 or means a Federal criminal offense that is a sealed record relates, and any arrest, 1957 of title 18, United States Code, or any not— criminal proceeding, conviction, or sentence other provision of law. ‘‘(A) a crime of violence (as that term is relating to the offense, as if it never oc- defined in section 16); curred; and SA 4124. Ms. HARRIS submitted an ‘‘(B) a sex offense (as that term is defined ‘‘(ii) protection from civil and criminal amendment intended to be proposed to in section 111 of the Sex Offender Registra- perjury, false swearing, and false statement amendment SA 4108 proposed by Mr. tion and Notification Act (34 U.S.C. laws with respect to a sealed record; ‘‘(8) the term ‘sealing hearing’ means a MCCONNELL (for Mr. GRASSLEY) to the 20911(5)))); hearing held under section 3642(b)(2); bill S. 756, to reauthorize and amend ‘‘(C) an offense involving a victim under the age of 18 years; or ‘‘(9) the term ‘sealing petition’ means a pe- the Marine Debris Act to promote tition for a sealing order filed under section international action to reduce marine ‘‘(D) a serious drug offense (as that term is defined in section 3559(c)(2)); 3642(a); and debris, and for other purposes; which ‘‘(2) the term ‘covered treatment program’ ‘‘(10) the term ‘substance use disorder peer was ordered to lie on the table; as fol- means a substance use disorder treatment mentorship program’ means a peer lows: program or recovery support program that is mentorship program at a covered treatment In section 3621(h)(5) of title 18, United licensed, certified, or accredited by a State program. States Code (as added by section 102(a) of the or national accreditation body, including ‘‘§ 3642. Sealing petition amendment), strike subparagraph (C). peer-driven and sober-living programs; ‘‘(a) RIGHT TO FILE SEALING PETITION.—

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‘‘(1) DATE OF ELIGIBILITY.— ‘‘(II) the necessary procedures for filing the ‘‘(II) all the evidence and testimony pre- ‘‘(A) CONVICTED INDIVIDUALS.— sealing petition; and sented at the sealing hearing, if such a hear- ‘‘(i) IN GENERAL.—On and after the date ‘‘(III) the benefits of sealing a record, ining is conducted; and that is 3 years after the applicable date cluding protection from civil and criminal ‘‘(iii) balance— under clause (ii), an eligible individual who perjury, false swearing, and false statement ‘‘(I)(aa) the interest of public knowledge was convicted of a qualifying offense and has laws with respect to the record. and safety; and not been arrested for or convicted of a sub- ‘‘(ii) COURT PROCEEDINGS.—If an individual ‘‘(bb) the legitimate interest, if any, of the stance use-related offense since that applica- is arrested for a covered nonviolent offense, Government in maintaining the accessibility ble date may file a petition for a sealing criminal proceedings are instituted against of the protected information, including any order with respect to the qualifying offense the individual for the offense, the individual potential impact of sealing the protected in- in a district court of the United States. is not convicted of the offense, and the indi- formation on Federal licensure, permit, or ‘‘(ii) APPLICABLE DATE.—The applicable vidual is potentially eligible to file a sealing employment restrictions; against date— petition with respect to the offense, on the ‘‘(II)(aa) the conduct and demonstrated de- ‘‘(I) for an eligible individual who was con- date on which the case relating to the of- sire of the petitioner to be rehabilitated and victed of a qualifying offense and sentenced fense is disposed of, the court in which the positively contribute to the community; and to a term of imprisonment, probation, or su- criminal proceedings take place shall, in pervised release is the date on which the eli- writing, inform the individual of— ‘‘(bb) the interest of the petitioner in hav- gible individual has fulfilled each require- ‘‘(I) that potential eligibility; ing the protected information sealed, includ- ment under section 3641(3)(B)(i); and ‘‘(II) the necessary procedures for filing the ing the harm of the protected information to ‘‘(II) for an eligible individual who was sealing petition; and the ability of the petitioner to secure and convicted of a qualifying offense and not sen- ‘‘(III) the benefits of sealing a record, in- maintain employment. tenced to a term of imprisonment, probation, cluding protection from civil and criminal ‘‘(B) BURDEN ON GOVERNMENT.—The burden or supervised release is the date on which perjury, false swearing, and false statement shall be on the Government to show that the the case relating to the qualifying offense is laws with respect to the record. interests under subclause (I) of subparagraph disposed of. ‘‘(b) PROCEDURES.— (A)(iii) outweigh the interests of the peti- ‘‘(iii) VIOLATION OF 3-YEAR GOOD BEHAVIOR ‘‘(1) NOTIFICATION TO PROSECUTOR AND tioner under subclause (II) of that subpara- REQUIREMENT.— OTHER INDIVIDUALS.—If an individual files a graph. ‘‘(I) IN GENERAL.—An eligible individual petition under subsection (a) with respect to ‘‘(C) REASONING.—The court shall provide who is prohibited from filing a petition for a a qualifying offense, the district court in the petitioner and the Government with a sealing order with respect to a qualifying of- which the petition is filed shall provide no- written decision explaining the reasons for fense under clause (i) because the individual tice of the petition— the determination made under subparagraph is arrested for or convicted of a substance ‘‘(A) to the office of the United States at- (A). use-related offense on or after the applicable torney that prosecuted or would have pros- ‘‘(4) APPEAL.—A denial of a sealing petition date under clause (ii) may file such a peti- ecuted the petitioner for the offense; and by a district court under this section shall be tion on or after the date as of which not less ‘‘(B) upon the request of the petitioner, to subject to review by a court of appeals in ac- than 3 years have elapsed since the last such any other individual that the petitioner de- cordance with section 1291 of title 28. arrest or conviction. termines may testify as to the— ‘‘(5) UNIVERSAL FORM.—The Director of the ‘‘(II) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) conduct of the petitioner since the Administrative Office of the United States subclause (I) shall be construed to allow an date of the offense or arrest; or Courts shall create a universal form, avail- eligible individual to file more than 1 peti- ‘‘(ii) reasons that the sealing order should able over the Internet and in paper form, tion for a sealing order with respect to a par- be entered. that an individual may use to file a sealing ticular qualifying offense. ‘‘(2) HEARING.— petition. ‘‘(B) INDIVIDUALS NOT CONVICTED.—An eligi- ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(6) FEE WAIVER.—The Director of the Ad- ble individual who is arrested for but not after the date on which an individual files a ministrative Office of the United States convicted of a qualifying offense may file a sealing petition, the district court shall— Courts shall by regulation establish a mini- petition for a sealing order with respect to ‘‘(i) except as provided in subparagraph mally burdensome process under which indi- the qualifying offense in a district court of (D), conduct a hearing in accordance with gent petitioners may obtain a waiver of any the United States on and after the date on subparagraph (B); and fee for filing a sealing petition. which the case relating to the offense is dis- ‘‘(ii) determine whether to enter a sealing ‘‘(7) REPORTING.—Not later than 2 years order for the individual in accordance with posed of. after the date of enactment of this subparagraph (3). ‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI- chapter, and each year thereafter, each dis- TION.— ‘‘(B) OPPORTUNITY TO TESTIFY AND OFFER trict court of the United States shall publish ‘‘(A) CONVICTED INDIVIDUALS.— EVIDENCE.— and submit to the Committee on the Judici- ‘‘(i) IN GENERAL.—If an individual is con- ‘‘(i) PETITIONER.—The petitioner may tes- ary of the Senate and the Committee on the victed of a covered nonviolent offense and tify or offer evidence at the sealing hearing Judiciary of the House of Representatives a will potentially be eligible to file a sealing in support of sealing, including evidence of report that— petition with respect to the offense upon ful- ongoing sobriety. ‘‘(A) describes— filling each requirement under section ‘‘(ii) PROSECUTOR.—The office of a United 3641(3)(B), the court in which the individual States attorney that receives notice under ‘‘(i) the number of sealing petitions grant- is convicted shall, in writing, inform the in- paragraph (1)(A) may send a representative ed and denied under this section; dividual, on each date described in clause (ii) to testify or offer evidence at the sealing ‘‘(ii) the number of instances in which the of this subparagraph, of— hearing in support of or against sealing. office of a United States attorney supported ‘‘(I) that potential eligibility; ‘‘(iii) OTHER INDIVIDUALS.—An individual or opposed a sealing petition; and ‘‘(II) the necessary procedures for filing the who receives notice under paragraph (1)(B) ‘‘(iii) the number and amount of fees as- sealing petition; and may testify or offer evidence at the sealing sessed and waived under this section; ‘‘(III) the benefits of sealing a record, in- hearing as to the issues described in clauses ‘‘(B) includes any supporting data that— cluding protection from civil and criminal (i) and (ii) of that paragraph. ‘‘(i) the court determines relevant; and perjury, false swearing, and false statement ‘‘(C) MAGISTRATE JUDGES.—A magistrate ‘‘(ii) does not name any petitioner; and laws with respect to the record. judge may preside over a hearing under this ‘‘(C) disaggregates all relevant data by ‘‘(ii) DATES.—The dates described in this paragraph. race, ethnicity, gender, and the nature of the clause are— ‘‘(D) WAIVER OF HEARING.—If the petitioner offense. ‘‘(I) the date on which the individual is and the United States attorney that receives ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— convicted; and notice under paragraph (1)(A) so agree, the ‘‘(A) IN GENERAL.—The district court may, ‘‘(II) the date on which the individual has court shall make a determination under in its discretion, appoint counsel in accord- fulfilled each requirement under section paragraph (3) without a hearing. ance with the plan of the district court in 3641(3)(B)(i). ‘‘(3) BASIS FOR DECISION.— operation under section 3006A to represent a ‘‘(B) INDIVIDUALS NOT CONVICTED.— ‘‘(A) IN GENERAL.—In determining whether petitioner for purposes of this section. ‘‘(i) ARREST ONLY.—If an individual is ar- to enter a sealing order with respect to pro- ‘‘(B) CONSIDERATIONS.—In making a deter- rested for a covered nonviolent offense, tected information relating to a covered mination whether to appoint counsel under criminal proceedings are not instituted nonviolent offense, the court shall— subparagraph (A), the court shall consider— against the individual for the offense, and ‘‘(i) determine whether the offense is a ‘‘(i) the anticipated complexity of the seal- the individual is potentially eligible to file a qualifying offense based on evidence that the ing hearing, including the number and type sealing petition with respect to the offense, petitioner suffered from an active substance of witnesses called to advocate against the on the date on which the case relating to the use disorder at the time of the commission of sealing of the protected information of the offense is disposed of, the arresting author- the offense; petitioner; and ity shall, in writing, inform the individual ‘‘(ii) consider— ‘‘(ii) the potential for adverse testimony by of— ‘‘(I) the petition and any documents in the a victim or a representative of the office of ‘‘(I) that potential eligibility; possession of the court; and the United States attorney.

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‘‘§ 3643. Effect of sealing order ‘‘(3) EXCEPTIONS.— section (c)(4) that the State has satisfied, ‘‘(a) IN GENERAL.—Except as provided in ‘‘(A) BACKGROUND CHECKS.—An individual relative to the number of such subpara- this section, if a district court of the United who is the subject of a record sealed under graphs that each other State has satisfied.’’. States enters a sealing order with respect to this subchapter shall, and a Federal or State (b) ATTORNEY GENERAL GUIDELINES AND a qualifying offense, the offense and any ar- law enforcement agency that possesses such TECHNICAL ASSISTANCE.—The Attorney Gen- rest, criminal proceeding, conviction, or sen- a record may, disclose the record in the case eral shall issue guidelines and provide tech- tence relating to the offense shall be treated of a background check for— nical assistance to assist States in com- as if it never occurred. ‘‘(i) law enforcement employment; or plying with the incentive under section ‘‘(b) VERIFICATION OF SEALING.—If a dis- ‘‘(ii) any position that a Federal agency 1701(c)(4) of title I of the Omnibus Crime trict court of the United States enters a designates as a— Control and Safe Streets Act of 1968 (34 sealing order with respect to a qualifying of- ‘‘(I) national security position; or U.S.C. 10381(c)(2)), as added by subsection (a). fense, the court shall— ‘‘(II) high-risk, public trust position. ‘‘(1) send a copy of the sealing order to ‘‘(B) DISCLOSURE TO ARMED FORCES.—A per- SA 4127. Mr. CARDIN submitted an each entity or person known to the court son may disclose protected information from amendment intended to be proposed to that possesses a record containing protected a record sealed under this subchapter to the amendment SA 4108 proposed by Mr. information that relates to the offense, in- Secretaries of the military departments (or MCCONNELL (for Mr. GRASSLEY) to the cluding each— the Secretary of Homeland Security with re- bill S. 756, to reauthorize and amend ‘‘(A) law enforcement agency; and spect to the Coast Guard when it is not oper- ‘‘(B) public or private correctional or de- ating as a service in the Navy) for the pur- the Marine Debris Act to promote tention facility; pose of vetting an enlistment or commission, international action to reduce marine ‘‘(2) in the sealing order, require each enti- or with regard to any member of the Armed debris, and for other purposes; which ty or person described in paragraph (1) to— Forces. was ordered to lie on the table; as fol- ‘‘(A) seal the record in accordance with ‘‘(C) CRIMINAL AND JUVENILE PRO- lows: this section; and CEEDINGS.—A prosecutor may disclose pro- At the end, add the following: ‘‘(B) submit a written certification to the tected information from a record sealed court, under penalty of perjury, that the en- under this subchapter if the information per- TITLE VII—DEMOCRACY RESTORATION tity or person has sealed each paper and elec- tains to a potential witness in a Federal or ACT tronic copy of the record; State— SEC. 701. SHORT TITLE. ‘‘(3) seal each paper and electronic copy of ‘‘(i) criminal proceeding; or This title may be cited as the ‘‘Democracy the record in the possession of the court; and ‘‘(ii) juvenile delinquency proceeding. Restoration Act of 2018’’. ‘‘(4) after receiving a written certification ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO DIS- SEC. 702. FINDINGS. from each entity or person under paragraph CLOSE OWN RECORD.—An individual who is the Congress makes the following findings: (2)(B), notify the petitioner that each entity subject of a record sealed under this sub- (1) The right to vote is the most basic con- or person described in paragraph (1) has chapter may choose to disclose the record.’’. stitutive act of citizenship. Regaining the sealed each paper and electronic copy of the (b) APPLICABILITY.—The right to file a seal- right to vote reintegrates individuals with record. ing petition under section 3642(a) of title 18, criminal convictions into free society, help- ‘‘(c) PROTECTION FROM PERJURY LAWS.—Ex- United States Code, as added by subsection ing to enhance public safety. cept as provided in subsection (f)(3)(A), a pe- (a), shall apply with respect to a qualifying (2) Article I, section 4, of the Constitution titioner with respect to whom a sealing offense (as defined in section 3641(a) of such grants Congress ultimate supervisory power order has been entered for a qualifying of- title) that is committed or alleged to have over Federal elections, an authority which fense shall not be subject to prosecution been committed before, on, or after the date has repeatedly been upheld by the United under any civil or criminal provision of Fed- of enactment of this Act. States Supreme Court. eral or State law relating to perjury, false (c) TRANSITION PERIOD FOR HEARINGS DEAD- swearing, or making a false statement, in- (3) Basic constitutional principles of fair- LINE.—During the 1-year period beginning on ness and equal protection require an equal cluding section 1001, 1621, 1622, or 1623, for the date of enactment of this Act, section failing to recite or acknowledge any pro- opportunity for citizens of the United States 3642(b)(2)(A) of title 18, United States Code, to vote in Federal elections. The right to tected information with respect to the of- as added by subsection (a), shall be applied fense or respond to any inquiry made of the vote may not be abridged or denied by the by substituting ‘‘1 year’’ for ‘‘180 days’’. United States or by any State on account of petitioner, relating to the protected infor- (d) TECHNICAL AND CONFORMING AMEND- mation, for any purpose. race, color, gender, or previous condition of MENT.—The table of subchapters for chapter servitude. The 13th, 14th, 15th, 19th, 24th, and ‘‘(d) ATTORNEY GENERAL NONPUBLIC 229 of title 18, United States Code, as amend- RECORDS.—The Attorney General— 26th Amendments to the Constitution em- ed by section 101, is amended by adding at power Congress to enact measures to protect ‘‘(1) shall maintain a nonpublic record of the end the following: all protected information that has been the right to vote in Federal elections. The sealed under this subchapter; and ‘‘E. Sealing of Criminal Records ...... 3641’’. 8th Amendment to the Constitution provides ‘‘(2) may access or utilize protected infor- SEC. 703. STATE INCENTIVES. for no excessive bail to be required, nor ex- mation only— (a) COPS GRANTS PRIORITY.—Section 1701 cessive fines imposed, nor cruel and unusual ‘‘(A) for legitimate investigative purposes; of title I of the Omnibus Crime Control and punishments inflicted. ‘‘(B) in defense of any civil suit arising out Safe Streets Act of 1968 (34 U.S.C. 10381) is (4) There are 3 areas where discrepancies in of the facts of the arrest or subsequent pro- amended— State laws regarding criminal convictions ceedings; or (1) in subsection (c)— lead to unfairness in Federal elections— ‘‘(C) if the Attorney General determines (A) in paragraph (2), by striking ‘‘or’’ at (A) the lack of a uniform standard for vot- that disclosure is necessary to serve the in- the end; ing in Federal elections leads to an unfair terests of justice, public safety, or national (B) in paragraph (3), by striking the period disparity and unequal participation in Fed- security. at the end and inserting ‘‘; or’’; and eral elections based solely on where a person ‘‘(e) LAW ENFORCEMENT ACCESS.—A Federal (C) by adding at the end the following: lives; or State law enforcement agency may access ‘‘(4) subject to subsection (l), from an ap- (B) laws governing the restoration of vot- a record that is sealed under this subchapter plicant in a State that has in effect— ing rights after a criminal conviction vary solely— ‘‘(A) a law relating to the sealing of adult throughout the country and persons in some ‘‘(1) to determine whether the individual to records that is substantially similar to, or States can easily regain their voting rights whom the record relates is eligible for a more generous to the former offender than, while in other States persons effectively lose first-time-offender diversion program; the amendments made by section 702 of the their right to vote permanently; and ‘‘(2) for investigatory, prosecutorial, or Clean Start Act; or (C) State disenfranchisement laws dis- Federal supervision purposes; or ‘‘(B) a law that allows an individual who proportionately impact racial and ethnic mi- ‘‘(3) for a background check that relates to has successfully sealed a criminal record to norities. law enforcement employment or any em- be free from civil and criminal perjury (5) Two States do not disenfranchise indi- ployment that requires a government secu- laws.’’; and viduals with criminal convictions at all rity clearance. (2) by adding at the end the following: (Maine and Vermont), but 48 States and the ‘‘(f) PROHIBITION ON DISCLOSURE.— ‘‘(l) DEGREE OF PRIORITY RELATING TO District of Columbia have laws that deny ‘‘(1) PROHIBITION.—Except as provided in SEALING LAWS COMMENSURATE WITH DEGREE convicted individuals the right to vote while paragraph (3), it shall be unlawful to inten- OF COMPLIANCE.—If the Attorney General, in they are in prison. tionally make or attempt to make an unau- awarding grants under this part, gives pref- (6) In some States disenfranchisement re- thorized disclosure of any protected informa- erential consideration to any application as sults from varying State laws that restrict tion from a record that has been sealed authorized under subsection (c)(4), the Attor- voting while individuals are under the super- under this subchapter. ney General shall base the degree of pref- vision of the criminal justice system or after ‘‘(2) PENALTY.—Any person who violates erential consideration given to an applica- they have completed a criminal sentence. In paragraph (1) shall be fined under this title, tion from an applicant in a particular State 34 States, convicted individuals may not imprisoned for not more than 1 year, or both. on the number of subparagraphs under sub- vote while they are on parole and 30 of those

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.021 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7671 States disenfranchise individuals on felony SEC. 703. RIGHTS OF CITIZENS. (ii) in the case of any individual com- probation as well. In 10 States, a conviction The right of an individual who is a citizen mitted to the custody of the Bureau of Pris- can result in lifetime disenfranchisement. of the United States to vote in any election ons, by the Director of the Bureau of Pris- (7) Several States deny the right to vote to for Federal office shall not be denied or ons, during the period beginning on the date individuals convicted of certain mis- abridged because that individual has been that is 6 months before such individual is re- demeanors. convicted of a criminal offense unless such leased and ending on the date such indi- (8) An estimated 6,100,000 citizens of the individual is serving a felony sentence in a vidual is released from the custody of the United States, or about 1 in 40 adults in the correctional institution or facility at the Bureau of Prisons. United States, currently cannot vote as a re- time of the election. (B) MISDEMEANOR CONVICTION.—In the case sult of a felony conviction. Of the 6,100,000 SEC. 704. ENFORCEMENT. of such an individual who has been convicted citizens barred from voting, only approxi- (a) ATTORNEY GENERAL.—The Attorney of a misdemeanor, the notification required mately 22 percent are in prison. By contrast, General may, in a civil action, obtain such under paragraph (1) shall be given on the roughly 77 percent of the disenfranchised re- declaratory or injunctive relief as is nec- date on which such individual is sentenced side in their communities while on probation essary to remedy a violation of this title. by a court established by an Act of Congress. or parole or after having completed their (b) PRIVATE RIGHT OF ACTION.— SEC. 706. DEFINITIONS. sentences. Approximately 3,100,000 citizens (1) IN GENERAL.—A person who is aggrieved For purposes of this title: who have completed their sentences remain by a violation of this title may provide writ- (1) CORRECTIONAL INSTITUTION OR FACIL- disenfranchised due to restrictive State laws. ten notice of the violation to the chief elec- ITY.—The term ‘‘correctional institution or In six States—Alabama, Florida, Kentucky, tion official of the State involved. facility’’ means any prison, penitentiary, Mississippi, Tennessee, and Virginia—more (2) RELIEF.—Except as provided in para- jail, or other institution or facility for the than 7 percent of the total population is graph (3), if the violation is not corrected confinement of individuals convicted of disenfranchised. within 90 days after receipt of a notice under criminal offenses, whether publicly or pri- (9) In those States that disenfranchise indi- paragraph (1), or within 20 days after receipt vately operated, except that such term does viduals post-sentence, the right to vote can of the notice if the violation occurred within not include any residential community be regained in theory, but in practice this 120 days before the date of an election for treatment center (or similar public or pri- possibility is often granted in a non-uniform Federal office, the aggrieved person may, in vate facility). and potentially discriminatory manner. a civil action, obtain declaratory or injunc- (2) ELECTION.—The term ‘‘election’’ Disenfranchised individuals must either ob- tive relief with respect to the violation. means— tain a pardon or an order from the Governor (3) EXCEPTION.—If the violation occurred (A) a general, special, primary, or runoff or an action by the parole or pardon board, within 30 days before the date of an election election; depending on the offense and State. Individ- for Federal office, the aggrieved person need (B) a convention or caucus of a political uals convicted of a Federal offense often not provide notice to the chief election offi- party held to nominate a candidate; have additional barriers to regaining voting cial of the State under paragraph (1) before (C) a primary election held for the selec- rights. bringing a civil action to obtain declaratory tion of delegates to a national nominating (10) State disenfranchisement laws dis- or injunctive relief with respect to the viola- convention of a political party; or proportionately impact racial and ethnic mi- tion. (D) a primary election held for the expres- norities. More than 7 percent of the voting- SEC. 705. NOTIFICATION OF RESTORATION OF sion of a preference for the nomination of age African-American population, or 2,200,000 VOTING RIGHTS. persons for election to the office of Presi- African-Americans, are disenfranchised. Cur- (a) STATE NOTIFICATION.— dent. (1) NOTIFICATION.—On the date determined rently, 1 of every 13 African-Americans are (3) FEDERAL OFFICE.—The term ‘‘Federal rendered unable to vote because of felony under paragraph (2), each State shall notify office’’ means the office of President or Vice disenfranchisement, which is a rate more in writing any individual who has been con- President of the United States, or of Senator than 4 times greater than non-African-Amer- victed of a criminal offense under the law of or Representative in, or Delegate or Resident icans. 7.4 percent of African-Americans are that State that such individual has the right Commissioner to, the Congress of the United disenfranchised whereas only 1.8 percent of to vote in an election for Federal office pur- States. suant to the Democracy Restoration Act of non-African-Americans are. As of 2016, in 4 (4) PROBATION.—The term ‘‘probation’’ States—Florida (23 percent), Kentucky (22 2018 and may register to vote in any such means probation, imposed by a Federal, percent), Tennessee (21 percent), and Vir- election. State, or local court, with or without a con- ginia (20 percent)—more than 1 in 5 African- (2) DATE OF NOTIFICATION.— dition on the individual involved con- Americans were unable to vote because of (A) FELONY CONVICTION.—In the case of cerning— prior convictions. such an individual who has been convicted of (A) the individual’s freedom of movement; (11) Latino citizens are disproportionately a felony, the notification required under (B) the payment of damages by the indi- disenfranchised based upon their dispropor- paragraph (1) shall be given on the date on vidual; tionate representation in the criminal jus- which the individual— (C) periodic reporting by the individual to tice system. If current incarceration trends (i) is sentenced to serve only a term of pro- an officer of the court; or hold, 17 percent of Latino men will be incar- bation; or (D) supervision of the individual by an offi- cerated during their lifetimes, in contrast to (ii) is released from the custody of that cer of the court. less than 6 percent of non-Latino White men. State (other than to the custody of another SEC. 707. RELATION TO OTHER LAWS. When analyzing the data across 10 States, State or the Federal Government to serve a (a) STATE LAWS RELATING TO VOTING Latinos generally have disproportionately term of imprisonment for a felony convic- RIGHTS.—Nothing in this title shall be con- higher rates of disenfranchisement compared tion). strued to prohibit the States from enacting to their presence in the voting age popu- (B) MISDEMEANOR CONVICTION.—In the case any State law which affords the right to vote lation. In 6 out of 10 States studied in 2003, of such an individual who has been convicted in any election for Federal office on terms Latinos constitute more than 10 percent of of a misdemeanor, the notification required less restrictive than those established by the total number of persons disenfranchised under paragraph (1) shall be given on the this title. by State felony laws. In 4 States (California, date on which such individual is sentenced (b) CERTAIN FEDERAL ACTS.—The rights 37 percent; New York, 34 percent; Texas, 30 by a State court. and remedies established by this title are in percent; and Arizona, 27 percent), Latinos (b) FEDERAL NOTIFICATION.— addition to all other rights and remedies pro- were disenfranchised by a rate of more than (1) NOTIFICATION.—Any individual who has vided by law, and neither rights and rem- 25 percent. been convicted of a criminal offense under edies established by this title shall super- (12) Disenfranchising citizens who have Federal law shall be notified in accordance sede, restrict, or limit the application of the been convicted of a criminal offense and who with paragraph (2) that such individual has Voting Rights Act of 1965 (52 U.S.C. 10301 et are living and working in the community the right to vote in an election for Federal seq.) or the National Voter Registration Act serves no compelling State interest and office pursuant to the Democracy Restora- (52 U.S.C. 20501). hinders their rehabilitation and reintegration Act of 2018 and may register to vote in SEC. 708. FEDERAL PRISON FUNDS. tion into society. any such election. No State, unit of local government, or (13) State disenfranchisement laws can (2) DATE OF NOTIFICATION.— other person may receive or use, to con- suppress electoral participation among eligi- (A) FELONY CONVICTION.—In the case of struct or otherwise improve a prison, jail, or ble voters by discouraging voting among such an individual who has been convicted of other place of incarceration, any Federal family and community members of a felony, the notification required under funds unless that State, unit of local govern- disenfranchised persons. Future electoral paragraph (1) shall be given— ment, or person— participation by the children of (i) in the case of an individual who is sen- (1) is in compliance with section 703; and disenfranchised parents may be impacted as tenced to serve only a term of probation, by (2) has in effect a program under which well. the Assistant Director for the Office of Pro- each individual incarcerated in that person’s (14) The United States is the only Western bation and Pretrial Services of the Adminis- jurisdiction who is a citizen of the United democracy that permits the permanent de- trative Office of the United States Courts on States is notified, upon release from such in- nial of voting rights for individuals with fel- the date on which the individual is sen- carceration, of that individual’s rights under ony convictions. tenced; or section 703.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.020 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7672 CONGRESSIONAL RECORD — SENATE December 17, 2018 SEC. 709. EFFECTIVE DATE. funds to the applicable entity to incarcerate TITLE V—SECOND CHANCE ACT OF 2007 This title shall apply to citizens of the or detain Federal prisoners or detainees in REAUTHORIZATION United States voting in any election for Fed- the non-Federal prison, correctional, or de- Sec. 501. Short title. eral office held after the date of the enact- tention facility. Sec. 502. Improvements to existing pro- ment of this title. (d) REGULATIONS.— grams. (1) IN GENERAL.—Not later than 180 days Sec. 503. Audit and accountability of grant- SA 4128. Mr. CARDIN submitted an after the date of enactment of this Act, a ees. amendment intended to be proposed to covered agency shall promulgate regulations Sec. 504. Federal reentry improvements. amendment SA 4108 proposed by Mr. or guidance to ensure compliance with this Sec. 505. Federal interagency reentry co- MCCONNELL (for Mr. GRASSLEY) to the section by the covered agency and an appli- ordination. Sec. 506. Conference expenditures. bill S. 756, to reauthorize and amend cable entity that the covered agency contracts with or provides funds to incarcerate Sec. 507. Evaluation of the Second Chance the Marine Debris Act to promote or detain Federal prisoners or detainees in a Act program. international action to reduce marine non-Federal prison, correctional, or deten- Sec. 508. GAO review. debris, and for other purposes; which tion facility. TITLE VI—MISCELLANEOUS CRIMINAL was ordered to lie on the table; as fol- (2) COMPLIANCE BY APPLICABLE ENTITIES.— JUSTICE lows: (A) IN GENERAL.—Compliance with this sec- Sec. 601. Placement of prisoners close to At the end, add the following: tion by an applicable entity shall be included families. as a material term in any contract, agree- Sec. 602. Home confinement for low-risk TITLE VII—PRIVATE PRISON ment, or renewal of a contract or agreement prisoners. INFORMATION ACT with the applicable entity regarding the in- Sec. 603. Federal prisoner reentry initiative SEC. 701. SHORT TITLE. carceration or detention of Federal prisoners reauthorization; modification This title may be cited as the ‘‘Private or detainees in a non-Federal prison, correc- of imposed term of imprison- Prison Information Act of 2018’’. tional, or detention facility. ment. SEC. 702. DEFINITIONS. (B) MODIFICATION OF CONTRACT OR AGREE- Sec. 604. Identification for returning citi- In this title— MENT.—Not later than 1 year after the date zens. (1) the term ‘‘agency’’ has the meaning of enactment of this Act, a covered agency Sec. 605. Expanding inmate employment given the term in section 551 of title 5, shall secure a modification to include com- through Federal Prison Indus- United States Code; pliance with this section by an applicable en- tries. (2) the term ‘‘applicable entity’’ means— tity as a material term in any contract or Sec. 606. De-escalation training. (A) a nongovernmental entity contracting agreement described under subparagraph (A) Sec. 607. Evidence-Based treatment for with, or receiving funds directly or indi- that will not otherwise be renegotiated, re- opioid and heroin abuse. rectly from, a covered agency to incarcerate newed, or modified before the date that is 1 Sec. 608. Pilot programs. or detain Federal prisoners or detainees in a year after the date of enactment of this Act. Sec. 609. Ensuring supervision of released non-Federal prison, correctional, or deten- (e) RULE OF CONSTRUCTION.—Nothing in sexually dangerous persons. tion facility; or this title shall be construed to limit or re- Sec. 610. Data collection. (B) a State or local governmental entity duce the scope of State or local open records Sec. 611. Healthcare products. with an intergovernmental agreement with a laws. Sec. 612. Adult and juvenile collaboration covered agency to incarcerate or detain Fed- programs. Sec. 613. Juvenile solitary confinement. eral prisoners or detainees in a non-Federal SA 4129. Mr. TOOMEY submitted an prison, correctional, or detention facility; amendment intended to be proposed by TITLE VII—FAIRNESS FOR CRIME (3) the term ‘‘covered agency’’ means an him to the bill S. 756, to reauthorize VICTIMS agency that contracts with, or provides and amend the Marine Debris Act to Sec. 701. Short title. funds to, an applicable entity to incarcerate promote international action to reduce Sec. 702. Point of order against certain or detain Federal prisoners or detainees in a marine debris, and for other purposes; changes in mandatory programs affecting the Crime Vic- non-Federal prison, correctional, or deten- which was ordered to lie on the table; tion facility; and tims Fund. as follows: (4) the term ‘‘non-Federal prison, correc- TITLE I—RECIDIVISM REDUCTION tional, or detention facility’’ means— In lieu of the matter proposed to be in- SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. (A) a privately owned or privately operated serted, insert the following: (a) IN GENERAL.—Chapter 229 of title 18, prison, correctional, or detention facility; or SECTION 1. SHORT TITLE; TABLE OF CONTENTS. United States Code, is amended by inserting (B) a State or local prison, jail, or other (a) SHORT TITLE.—This Act may be cited as after subchapter C the following: correctional or detention facility. the ‘‘First Step Act of 2018’’. ‘‘SUBCHAPTER D—RISK AND NEEDS SEC. 703. FREEDOM OF INFORMATION ACT APPLI- (b) TABLE OF CONTENTS.—The table of con- CABLE FOR CONTRACT PRISONS. tents for this Act is as follows: ASSESSMENT SYSTEM (a) IN GENERAL.—A record relating to a Sec. 1. Short title; table of contents. ‘‘Sec. ‘‘3631. Duties of the Attorney General. non-Federal prison, correctional, or deten- TITLE I—RECIDIVISM REDUCTION tion facility shall be— ‘‘3632. Development of risk and needs assess- (1) considered an agency record for pur- Sec. 101. Risk and needs assessment system. ment system. poses of section 552(f)(2) of title 5, United Sec. 102. Implementation of system and rec- ‘‘3633. Evidence-based recidivism reduction States Code, whether in the possession of an ommendations by Bureau of program and recommendations. applicable entity or a covered agency; and Prisons. ‘‘3634. Report. (2) subject to section 552 of title 5, United Sec. 103. GAO report. ‘‘3635. Definitions. States Code (commonly known as the ‘‘Free- Sec. 104. Authorization of appropriations. ‘‘§ 3631. Duties of the Attorney General Sec. 105. Rule of construction. dom of Information Act’’), to the same ex- ‘‘(a) IN GENERAL.—The Attorney General tent as if the record was maintained by an Sec. 106. Faith-based considerations. shall carry out this subchapter in consulta- agency operating a Federal prison, correc- Sec. 107. Independent Review Committee. tion with— tional, or detention facility. TITLE II—BUREAU OF PRISONS SECURE ‘‘(1) the Director of the Bureau of Prisons; (b) WITHHOLDING OF INFORMATION.—A cov- FIREARMS STORAGE ‘‘(2) the Director of the Administrative Of- ered agency may not withhold information Sec. 201. Short title. fice of the United States Courts; that would otherwise be required to be dis- Sec. 202. Secure firearms storage. ‘‘(3) the Director of the Office of Probation closed under subsection (a) unless— TITLE III—RESTRAINTS ON PREGNANT and Pretrial Services; (1) the covered agency, based on the inde- PRISONERS PROHIBITED ‘‘(4) the Director of the National Institute pendent assessment of the covered agency, of Justice; Sec. 301. Use of restraints on prisoners dur- reasonably foresees that disclosure of the in- ‘‘(5) the Director of the National Institute ing the period of pregnancy and formation would cause specific identifiable of Corrections; and postpartum recovery prohib- harm to an interest protected by an exemp- ‘‘(6) the Independent Review Committee ited. tion from disclosure under section 552(b) of authorized by the First Step Act of 2018. title 5, United States Code; or TITLE IV—SENTENCING REFORM ‘‘(b) DUTIES.—The Attorney General shall— (2) disclosure of the information is prohib- Sec. 401. Reduce and restrict enhanced sen- ‘‘(1) conduct a review of the existing pris- ited by law. tencing for prior drug felonies. oner risk and needs assessment systems in (c) FORMAT OF RECORDS.—An applicable en- Sec. 402. Broadening of existing safety operation on the date of enactment of this tity shall maintain records relating to a non- valve. subchapter; Federal prison, correctional, or detention fa- Sec. 403. Clarification of section 924(c) of ‘‘(2) develop recommendations regarding cility in formats that are readily reproduc- title 18, United States Code. evidence-based recidivism reduction pro- ible and reasonably searchable by the cov- Sec. 404. Application of Fair Sentencing grams and productive activities in accord- ered agency that contracts with or provides Act. ance with section 3633;

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.020 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7673 ‘‘(3) conduct ongoing research and data ‘‘(A) all prisoners at each risk level have a ‘‘(B) Extended opportunities to access the analysis on— meaningful opportunity to reduce their clas- email system. ‘‘(A) evidence-based recidivism reduction sification during the period of incarceration; ‘‘(C) Consideration of transfer to preferred programs relating to the use of prisoner risk ‘‘(B) to address the specific criminogenic housing units (including transfer to different and needs assessment tools; needs of the prisoner; and prison facilities). ‘‘(B) the most effective and efficient uses ‘‘(C) all prisoners are able to successfully ‘‘(D) Other incentives solicited from pris- of such programs; participate in such programs; oners and determined appropriate by the Di- ‘‘(C) which evidence-based recidivism re- ‘‘(6) determine when to provide incentives rector. duction programs are the most effective at and rewards for successful participation in ‘‘(4) TIME CREDITS.— reducing recidivism, and the type, amount, evidence-based recidivism reduction pro- ‘‘(A) IN GENERAL.—A prisoner, except for an and intensity of programming that most ef- grams or productive activities in accordance ineligible prisoner under subparagraph (D), fectively reduces the risk of recidivism; and with subsection (e); who successfully completes evidence-based ‘‘(D) products purchased by Federal agen- ‘‘(7) determine when a prisoner is ready to recidivism reduction programming or pro- cies that are manufactured overseas and transfer into prerelease custody or super- ductive activities, shall earn time credits as could be manufactured by prisoners partici- vised release in accordance with section 3624; follows: pating in a prison work program without re- and ‘‘(i) A prisoner shall earn 10 days of time ducing job opportunities for other workers in ‘‘(8) determine the appropriate use of audio credits for every 30 days of successful par- the United States; technology for program course materials ticipation in evidence-based recidivism re- ‘‘(4) on an annual basis, review, validate, with an understanding of dyslexia. duction programming or productive activi- and release publicly on the Department of In carrying out this subsection, the Attorney ties. Justice website the risk and needs assess- General may use existing risk and needs as- ‘‘(ii) A prisoner determined by the Bureau ment system, which review shall include— sessment tools, as appropriate. of Prisons to be at a minimum or low risk ‘‘(A) any subsequent changes to the risk ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RE- for recidivating, who, over 2 consecutive as- and needs assessment system made after the CIDIVISM REDUCTION PROGRAMS.—The System sessments, has not increased their risk of re- date of enactment of this subchapter; shall provide guidance on the type, amount, cidivism, shall earn an additional 5 days of ‘‘(B) the recommendations developed under and intensity of evidence-based recidivism time credits for every 30 days of successful paragraph (2), using the research conducted reduction programming and productive ac- participation in evidence-based recidivism under paragraph (3); tivities that shall be assigned for each pris- reduction programming or productive activi- ‘‘(C) an evaluation to ensure that the risk oner, including— ties. and needs assessment system bases the as- ‘‘(1) programs in which the Bureau of Pris- ‘‘(B) AVAILABILITY.—A prisoner may not sessment of each prisoner’s risk of recidi- ons shall assign the prisoner to participate, earn time credits under this paragraph for an vism on indicators of progress and of regres- according to the prisoner’s specific evidence-based recidivism reduction program sion that are dynamic and that can reason- criminogenic needs; and that the prisoner successfully completed— ably be expected to change while in prison; ‘‘(2) information on the best ways that the ‘‘(i) prior to the date of enactment of this ‘‘(D) statistical validation of any tools Bureau of Prisons can tailor the programs to subchapter; or ‘‘(ii) during official detention prior to the that the risk and needs assessment system the specific criminogenic needs of each pris- date that the prisoner’s sentence commences uses; and oner so as to most effectively lower each under section 3585(a). ‘‘(E) an evaluation of the rates of recidi- prisoner’s risk of recidivism. ‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.— ‘‘(C) APPLICATION OF TIME CREDITS TOWARD vism among similarly classified prisoners to The System shall provide guidance on pro- PRERELEASE CUSTODY OR SUPERVISED RE- identify any unwarranted disparities, includ- gram grouping and housing assignment de- LEASE.—Time credits earned under this para- ing disparities among similarly classified terminations and, after accounting for the graph by prisoners who successfully partici- prisoners of different demographic groups, in safety of each prisoner and other individuals pate in recidivism reduction programs or such rates; at the prison, provide that prisoners with a productive activities shall be applied toward ‘‘(5) make any revisions or updates to the similar risk level be grouped together in time in prerelease custody or supervised re- risk and needs assessment system that the housing and assignment decisions to the ex- lease. The Director of the Bureau of Prisons Attorney General determines appropriate tent practicable. shall transfer eligible prisoners, as deter- pursuant to the review under paragraph (4), ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUC- mined under section 3624(g), into prerelease including updates to ensure that any dispari- TION PROGRAM INCENTIVES AND PRODUCTIVE custody or supervised release. ties identified in paragraph (4)(E) are re- ACTIVITIES REWARDS.—The System shall pro- ‘‘(D) INELIGIBLE PRISONERS.—A prisoner is duced to the greatest extent possible; and vide incentives and rewards for prisoners to ineligible to receive time credits under this ‘‘(6) report to Congress in accordance with participate in and complete evidence-based paragraph if the prisoner is serving a sen- section 3634. recidivism reduction programs as follows: tence for a conviction under any of the fol- ‘‘§ 3632. Development of risk and needs as- ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A lowing provisions of law: sessment system prisoner who is successfully participating in ‘‘(i) Section 81, relating to arson within ‘‘(a) IN GENERAL.—Not later than 210 days an evidence-based recidivism reduction pro- special maritime and territorial jurisdiction. after the date of enactment of this sub- gram shall receive— ‘‘(ii) Section 111(b), relating to assaulting, chapter, the Attorney General, in consulta- ‘‘(A) phone privileges, or, if available, resisting, or impeding certain officers or em- tion with the Independent Review Com- video conferencing privileges, for up to 30 ployees using a deadly or dangerous weapon mittee authorized by the First Step Act of minutes per day, and up to 510 minutes per or inflicting bodily injury. 2018, shall develop and release publicly on month; and ‘‘(iii) Paragraph (1), (7), or (8) of section the Department of Justice website a risk and ‘‘(B) additional time for visitation at the 113(a), relating to assault with intent to needs assessment system (referred to in this prison, as determined by the warden of the commit murder, assault resulting in sub- subchapter as the ‘System’), which shall be prison. stantial bodily injury to a spouse or inti- used to— ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO mate partner, a dating partner, or an indi- ‘‘(1) determine the recidivism risk of each RELEASE RESIDENCE.—A prisoner who is suc- vidual who has not attained the age of 16 prisoner as part of the intake process, and cessfully participating in an evidence-based years, or assault of a spouse, intimate part- classify each prisoner as having minimum, recidivism reduction program shall be con- ner, or dating partner by strangling, suffo- low, medium, or high risk for recidivism; sidered by the Bureau of Prisons for place- cating, or attempting to strangle or suf- ‘‘(2) assess and determine, to the extent ment in a facility closer to the prisoner’s re- focate. practicable, the risk of violent or serious lease residence upon request from the pris- ‘‘(iv) Section 115, relating to influencing, misconduct of each prisoner; oner and subject to— impeding, or retaliating against a Federal ‘‘(3) determine the type and amount of evi- ‘‘(A) bed availability at the transfer facil- official by injuring a family member, except dence-based recidivism reduction program- ity; for a threat made in violation of that sec- ming that is appropriate for each prisoner ‘‘(B) the prisoner’s security designation; tion. and assign each prisoner to such program- and ‘‘(v) Section 116, relating to female genital ming accordingly, and based on the pris- ‘‘(C) the recommendation from the warden mutilation. oner’s specific criminogenic needs, and in ac- of the prison at which the prisoner is incar- ‘‘(vi) Section 117, relating to domestic as- cordance with subsection (b); cerated at the time of making the request. sault by a habitual offender. ‘‘(4) reassess the recidivism risk of each ‘‘(3) ADDITIONAL POLICIES.—The Director of ‘‘(vii) Any section of chapter 10, relating to prisoner periodically, based on factors in- the Bureau of Prisons shall develop addi- biological weapons. cluding indicators of progress, and of regres- tional policies to provide appropriate incen- ‘‘(viii) Any section of chapter 11B, relating sion, that are dynamic and that can reason- tives for successful participation and com- to chemical weapons. ably be expected to change while in prison; pletion of evidence-based recidivism reduc- ‘‘(ix) Section 351, relating to Congres- ‘‘(5) reassign the prisoner to appropriate tion programming. The incentives shall in- sional, Cabinet, and Supreme Court assas- evidence-based recidivism reduction pro- clude not less than 2 of the following: sination, kidnapping, and assault. grams or productive activities based on the ‘‘(A) Increased commissary spending limits ‘‘(x) Section 521, relating to criminal street revised determination to ensure that— and product offerings. gangs.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7674 CONGRESSIONAL RECORD — SENATE December 17, 2018 ‘‘(xi) Section 751, relating to prisoners in minor for importation into the United ‘‘(lviii) Section 601 of the National Secu- custody of an institution or officer. States. rity Act of 1947 (50 U.S.C. 3121), relating to ‘‘(xii) Section 793, relating to gathering, ‘‘(xxxviii) Section 2283, relating to the the protection of identities of certain United transmitting, or losing defense information. transportation of explosive, biological, States undercover intelligence officers, ‘‘(xiii) Section 794, relating to gathering or chemical, or radioactive or nuclear mate- agents, informants, and sources. delivering defense information to aid a for- rials. ‘‘(lix) Subparagraph (A)(i) or (B)(i) of sec- eign government. ‘‘(xxxix) Section 2284, relating to the trans- tion 401(b)(1) of the Controlled Substances ‘‘(xiv) Any section of chapter 39, relating portation of terrorists. Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or to explosives and other dangerous articles, ‘‘(xl) Section 2291, relating to the destruc- (2)(A) of section 1010(b) of the Controlled except for section 836 (relating to the trans- tion of a vessel or maritime facility, but Substances Import and Export Act (21 U.S.C. portation of fireworks into a State prohib- only if the conduct that led to the conviction 960(b)), relating to manufacturing, distrib- iting sale or use). involved a substantial risk of death or seri- uting, dispensing, or possessing with intent ‘‘(xv) Section 842(p), relating to distribu- ous bodily injury. to manufacture, distribute, dispense, or tion of information relating to explosives, ‘‘(xli) Any section of chapter 113B, relating knowingly importing or exporting, a mixture destructive devices, and weapons of mass de- to terrorism. or substance containing a detectable amount struction, but only if the conviction involved ‘‘(xlii) Section 2340A, relating to torture. of heroin if the sentencing court finds that a weapon of mass destruction (as defined in ‘‘(xliii) Section 2381, relating to treason. the offender was an organizer, leader, man- section 2332a(c)). ‘‘(xliv) Section 2442, relating to the recruit- ager, or supervisor of others in the offense, ment or use of child soldiers. ‘‘(xvi) Subsection (f)(3), (h), or (i) of section as determined under the guidelines promul- ‘‘(xlv) An offense described in section 844, relating to the use of fire or an explo- gated by the United States Sentencing Com- 3559(c)(2)(F), for which the offender was sen- sive. mission. tenced to a term of imprisonment of more ‘‘(xvii) Section 924(c), relating to unlawful ‘‘(lx) Subparagraph (A)(vi) or (B)(vi) of sec- than 1 year, if the offender has a previous possession or use of a firearm during and in tion 401(b)(1) of the Controlled Substances conviction, for which the offender served a relation to any crime of violence or drug Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or term of imprisonment of more than 1 year, trafficking crime. for a Federal or State offense, by whatever (2)(F) of section 1010(b) of the Controlled ‘‘(xviii) Section 1030(a)(1), relating to fraud designation and wherever committed, con- Substances Import and Export Act (21 U.S.C. and related activity in connection with com- sisting of murder (as described in section 960(b)), relating to manufacturing, distrib- puters. 1111), voluntary manslaughter (as described uting, dispensing, or possessing with intent ‘‘(xix) Any section of chapter 51, relating in section 1112), assault with intent to com- to manufacture, distribute, or dispense, a to homicide, except for section 1112 (relating mit murder (as described in section 113(a)), mixture or substance containing a detectable to manslaughter), 1113 (relating to attempt aggravated sexual abuse and sexual abuse (as amount of N-phenyl-N-[1-(2-phenylethyl)-4- to commit murder or manslaughter, but only described in sections 2241 and 2242), abusive piperidinyl] propanamide, or any analogue if the conviction was for an attempt to com- sexual contact (as described in sections thereof. mit manslaughter), 1115 (relating to mis- 2244(a)(1) and (a)(2)), kidnapping (as de- ‘‘(lxi) Subparagraph (A)(viii) or (B)(viii) of conduct or neglect of ship officers), or 1122 scribed in chapter 55), carjacking (as de- section 401(b)(1) of the Controlled Substances (relating to protection against the human scribed in section 2119), arson (as described Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or immunodeficiency virus). in section 844(f)(3), (h), or (i)), or terrorism (2)(H) of section 1010(b) the Controlled Sub- ‘‘(xx) Any section of chapter 55, relating to (as described in chapter 113B). stances Import and Export Act (21 U.S.C. kidnapping. ‘‘(xlvi) Section 57(b) of the Atomic Energy 960(b)), relating to manufacturing, distrib- ‘‘(xxi) Any offense under chapter 77, relat- Act of 1954 (42 U.S.C. 2077(b)), relating to the uting, dispensing, or possessing with intent ing to peonage, slavery, and trafficking in engagement or participation in the develop- to manufacture, distribute, or dispense, or persons, except for sections 1593 through ment or production of special nuclear mate- knowingly importing or exporting, a mixture 1596. rial. of substance containing a detectable amount ‘‘(xxii) Section 1751, relating to Presi- ‘‘(xlvii) Section 92 of the Atomic Energy of methamphetamine, its salts, isomers, or dential and Presidential staff assassination, Act of 1954 (42 U.S.C. 2122), relating to prohi- salts of its isomers, if the sentencing court kidnapping, and assault. bitions governing atomic weapons. finds that the offender was an organizer, ‘‘(xxiii) Section 1791, relating to providing ‘‘(xlviii) Section 101 of the Atomic Energy leader, manager, or supervisor of others in or possessing contraband in prison. Act of 1954 (42 U.S.C. 2131), relating to the the offense, as determined under the guide- ‘‘(xxiv) Section 1792, relating to mutiny atomic energy license requirement. lines promulgated by the United States Sen- and riots. ‘‘(xlix) Section 224 or 225 of the Atomic En- tencing Commission. ‘‘(xxv) Section 1841(a)(2)(C), relating to in- ergy Act of 1954 (42 U.S.C. 2274, 2275), relating ‘‘(lxii) Subparagraph (A) or (B) of section tentionally killing or attempting to kill an to the communication or receipt of re- 401(b)(1) of the Controlled Substances Act (21 unborn child. stricted data. U.S.C. 841(b)(1)) or paragraph (1) or (2) of sec- ‘‘(xxvi) Section 1992, relating to terrorist ‘‘(l) Section 236 of the Atomic Energy Act tion 1010(b) of the Controlled Substances Im- attacks and other violence against railroad of 1954 (42 U.S.C. 2284), relating to the sabo- port and Export Act (21 U.S.C. 960(b)), relat- carriers and against mass transportation tage of nuclear facilities or fuel. ing to manufacturing, distributing, dis- systems on land, on water, or through the ‘‘(li) Section 60123(b) of title 49, relating to pensing, or possessing with intent to manu- air. damaging or destroying a pipeline facility, facture, distribute, or dispense, a controlled ‘‘(xxvii) Section 2113(e), relating to bank but only if the conduct which led to the con- substance, or knowingly importing or ex- robbery resulting in death. viction involved a substantial risk of death porting a controlled substance, if the sen- ‘‘(xxviii) Section 2118(c), relating to rob- or serious bodily injury. tencing court finds that— beries and burglaries involving controlled ‘‘(lii) Section 401(a) of the Controlled Sub- ‘‘(I) the offense involved a mixture or sub- substances resulting in assault, putting in stances Act (21 U.S.C. 841), relating to manu- stance containing a detectable amount of N- jeopardy the life of any person by the use of facturing or distributing a controlled sub- phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] a dangerous weapon or device, or death. stance in the case of a conviction for an of- propanamide, or any analogue thereof; and ‘‘(xxix) Paragraph (2) or (3) of section 2119, fense described in subparagraph (A), (B), or ‘‘(II) the offender was an organizer, leader, relating to taking a motor vehicle (com- (C) of subsection (b)(1) of that section for manager, or supervisor of others in the of- monly referred to as ‘carjacking’) that re- which death or serious bodily injury resulted fense, as determined under the guidelines sults in serious bodily injury or death. from the use of such substance. promulgated by the United States Sen- ‘‘(xxx) Any section of chapter 105, relating ‘‘(liii) Section 276(a) of the Immigration tencing Commission. to sabotage, except for section 2152. and Nationality Act (8 U.S.C. 1326), relating ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO ‘‘(xxxi) Any section of chapter 109A, relat- to the reentry of a removed alien, but only if APPLY TIME CREDITS.— ing to sexual abuse. the alien is described in paragraph (1) or (2) ‘‘(i) IN GENERAL.—A prisoner is ineligible ‘‘(xxxii) Section 2250, relating to failure to of subsection (b) of that section. to apply time credits under subparagraph (C) register as a sex offender. ‘‘(liv) Section 277 of the Immigration and if the prisoner is the subject of a final order ‘‘(xxxiii) Section 2251, relating to the sex- Nationality Act (8 U.S.C. 1327), relating to of removal under any provision of the immi- ual exploitation of children. aiding or assisting certain aliens to enter the gration laws (as such term is defined in sec- ‘‘(xxxiv) Section 2251A, relating to the sell- United States. tion 101(a)(17) of the Immigration and Na- ing or buying of children. ‘‘(lv) Section 278 of the Immigration and tionality Act (8 U.S.C. 1101(a)(17))). ‘‘(xxxv) Section 2252, relating to certain ac- Nationality Act (8 U.S.C. 1328), relating to ‘‘(ii) PROCEEDINGS.—The Attorney General, tivities relating to material involving the the importation of an alien into the United in consultation with the Secretary of Home- sexual exploitation of minors. States for an immoral purpose. land Security, shall ensure that any alien de- ‘‘(xxxvi) Section 2252A, relating to certain ‘‘(lvi) Any section of the Export Adminis- scribed in section 212 or 237 of the Immigra- activities involving material constituting or tration Act of 1979 (50 U.S.C. 4611 et seq.) tion and Nationality Act (8 U.S.C. 1182, 1227) containing child pornography. ‘‘(lvii) Section 206 of the International who seeks to earn time credits are subject to ‘‘(xxxvii) Section 2260, relating to the pro- Emergency Economic Powers Act (50 U.S.C. proceedings described in section 238(a) of duction of sexually explicit depictions of a 1705). that Act (8 U.S.C. 1228(a)) at a date as early

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7675 as practicable during the prisoner’s incarcer- ‘‘§ 3633. Evidence-based recidivism reduction ‘‘(D) The evidence-based recidivism reduc- ation. program and recommendations tion programming that the prisoner success- ‘‘(5) RISK REASSESSMENTS AND LEVEL AD- ‘‘(a) IN GENERAL.—Prior to releasing the fully completed, if any. JUSTMENT.—A prisoner who successfully par- System, in consultation with the Inde- ‘‘(E) The prisoner’s assessed and reassessed ticipates in evidence-based recidivism reduc- pendent Review Committee authorized by risk of recidivism. tion programming or productive activities the First Step Act of 2018, the Attorney Gen- ‘‘(F) The productive activities that the shall receive periodic risk reassessments not eral shall— prisoner successfully completed, if any. less often than annually, and a prisoner de- ‘‘(1) review the effectiveness of evidence- ‘‘(4) The status of prison work programs at termined to be at a medium or high risk of based recidivism reduction programs that facilities operated by the Bureau of Prisons, recidivating and who has less than 5 years exist as of the date of enactment of this sub- including— until his or her projected release date shall chapter in prisons operated by the Bureau of ‘‘(A) a strategy to expand the availability receive more frequent risk reassessments. If Prisons; of such programs without reducing job op- the reassessment shows that the prisoner’s ‘‘(2) review available information regard- portunities for workers in the United States risk of recidivating or specific needs have ing the effectiveness of evidence-based re- who are not in the custody of the Bureau of changed, the Bureau of Prisons shall update cidivism reduction programs and productive Prisons, including the feasibility of prisoners the determination of the prisoner’s risk of activities that exist in State-operated pris- manufacturing products purchased by Fed- recidivating or information regarding the ons throughout the United States; eral agencies that are manufactured over- prisoner’s specific needs and reassign the ‘‘(3) identify the most effective evidence- seas; prisoner to appropriate evidence-based re- based recidivism reduction programs; ‘‘(B) an assessment of the feasibility of ex- cidivism reduction programming or produc- ‘‘(4) review the policies for entering into panding such programs, consistent with the tive activities based on such changes. evidence-based recidivism reduction partner- strategy required under subparagraph (A), ‘‘(6) RELATION TO OTHER INCENTIVE PRO- ships described in section 3621(h)(5); and with the goal that 5 years after the date of GRAMS.—The incentives described in this ‘‘(5) direct the Bureau of Prisons regard- enactment of this subchapter, not less than subsection shall be in addition to any other ing— 75 percent of eligible minimum- and low-risk rewards or incentives for which a prisoner ‘‘(A) evidence-based recidivism reduction offenders have the opportunity to participate may be eligible. programs; in a prison work program for not less than 20 hours per week; and ‘‘(e) PENALTIES.—The Director of the Bu- ‘‘(B) the ability for faith-based organizations to function as a provider of educational ‘‘(C) a detailed discussion of legal authori- reau of Prisons shall develop guidelines for ties that would be useful or necessary to evidence-based programs outside of the reli- the reduction of rewards and incentives achieve the goals described in subparagraphs gious classes and services provided through earned under subsection (d) for prisoners who (A) and (B). the Chaplaincy; and violate prison rules or evidence-based recidi- ‘‘(5) An assessment of the Bureau of Pris- ‘‘(C) the addition of any new effective evi- vism reduction program or productive activ- ons’ compliance with section 3621(h). dence-based recidivism reduction programs ity rules, which shall provide— ‘‘(6) An assessment of progress made to- that the Attorney General finds. ward carrying out the purposes of this sub- ‘‘(1) general levels of violations and result- ‘‘(b) REVIEW AND RECOMMENDATIONS RE- chapter, including any savings associated ing reductions; GARDING DYSLEXIA MITIGATION.—In carrying ‘‘(2) that any reduction that includes the out subsection (a), the Attorney General with— loss of time credits shall require written no- shall consider the prevalence and mitigation ‘‘(A) the transfer of prisoners into tice to the prisoner, shall be limited to time of dyslexia in prisons, including by— prerelease custody or supervised release credits that a prisoner earned as of the date ‘‘(1) reviewing statistics on the prevalence under section 3624(g), including savings resulting from the avoidance or deferral of fu- of the prisoner’s rule violation, and shall not of dyslexia, and the effectiveness of any pro- ture construction, acquisition, and oper- include any future time credits that the pris- grams implemented to mitigate the effects ations costs; and oner may earn; and of dyslexia, in prisons operated by the Bu- ‘‘(B) any decrease in recidivism that may ‘‘(3) for a procedure to restore time credits reau of Prisons and State-operated prisons be attributed to the System or the increase that a prisoner lost as a result of a rule vio- throughout the United States; and in evidence-based recidivism reduction pro- lation, based on the prisoner’s individual ‘‘(2) incorporating the findings of the At- grams required under this subchapter. progress after the date of the rule violation. torney General under paragraph (1) of this ‘‘(7) An assessment of budgetary savings subsection into any directives given to the ‘‘(f) BUREAU OF PRISONS TRAINING.—The At- resulting from this subchapter, including— Bureau of Prisons under paragraph (5) of sub- torney General shall develop and implement ‘‘(A) a summary of the amount of savings training programs for Bureau of Prisons offi- section (a). resulting from the transfer of prisoners into cers and employees responsible for admin- ‘‘§ 3634. Report prerelease custody under this chapter, in- istering the System, which shall include— ‘‘Beginning on the date that is 2 years cluding savings resulting from the avoidance ‘‘(1) initial training to educate officers and after the date of enactment of this sub- or deferral of future construction, acquisi- employees on how to use the System in an chapter, and annually thereafter for a period tion, or operations costs; appropriate and consistent manner, as well of 5 years, the Attorney General shall submit ‘‘(B) a summary of the amount of savings as the reasons for using the System; a report to the Committees on the Judiciary resulting from any decrease in recidivism ‘‘(2) continuing education; of the Senate and the House of Representa- that may be attributed to the implementa- ‘‘(3) periodic training updates; and tives and the Subcommittees on Commerce, tion of the risk and needs assessment system ‘‘(4) a requirement that such officers and Justice, Science, and Related Agencies of the or the increase in recidivism reduction pro- employees demonstrate competence in ad- Committees on Appropriations of the Senate grams and productive activities required by ministering the System, including interrater and the House of Representatives that con- this subchapter; reliability, on a biannual basis. tains the following: ‘‘(C) a strategy to reinvest the savings de- ‘‘(g) QUALITY ASSURANCE.—In order to en- ‘‘(1) A summary of the activities and ac- scribed in subparagraphs (A) and (B) in sure that the Bureau of Prisons is using the complishments of the Attorney General in other— System in an appropriate and consistent carrying out this Act. ‘‘(i) Federal, State, and local law enforce- ‘‘(2) A summary and assessment of the ment activities; and manner, the Attorney General shall monitor types and effectiveness of the evidence-based ‘‘(ii) expansions of recidivism reduction and assess the use of the System, which shall recidivism reduction programs and produc- programs and productive activities in the include conducting annual audits of the Bu- tive activities in prisons operated by the Bu- Bureau of Prisons; and reau of Prisons regarding the use of the Sys- reau of Prisons, including— ‘‘(D) a description of how the reduced ex- tem. ‘‘(A) evidence about which programs have penditures on Federal corrections and the ‘‘(h) DYSLEXIA SCREENING.— been shown to reduce recidivism; budgetary savings resulting from this sub- ‘‘(1) SCREENING.—The Attorney General ‘‘(B) the capacity of each program and ac- chapter are currently being used and will be shall incorporate a dyslexia screening pro- tivity at each prison, including the number used to— gram into the System, including by screen- of prisoners along with the recidivism risk of ‘‘(i) increase investment in law enforce- ing for dyslexia during— each prisoner enrolled in each program; and ment and crime prevention to combat gangs ‘‘(A) the intake process; and ‘‘(C) identification of any gaps or shortages of national significance and high-level drug ‘‘(B) each periodic risk reassessment of a in capacity of such programs and activities. traffickers through the High Intensity Drug prisoner. ‘‘(3) Rates of recidivism among individuals Trafficking Areas Program and other task ‘‘(2) TREATMENT.—The Attorney General who have been released from Federal prison, forces; shall incorporate programs designed to treat based on the following criteria: ‘‘(ii) hire, train, and equip law enforcement dyslexia into the evidence-based recidivism ‘‘(A) The primary offense of conviction. officers and prosecutors; and reduction programs or productive activities ‘‘(B) The length of the sentence imposed ‘‘(iii) promote crime reduction programs required to be implemented under this sec- and served. using evidence-based practices and strategic tion. The Attorney General may also incor- ‘‘(C) The Bureau of Prisons facility or fa- planning to help reduce crime and criminal porate programs designed to treat other cilities in which the prisoner’s sentence was recidivism. learning disabilities. served. ‘‘(8) Statistics on—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7676 CONGRESSIONAL RECORD — SENATE December 17, 2018 ‘‘(A) the prevalence of dyslexia among pris- prisoner will recidivate upon release from prisoners who successfully participate in oners in prisons operated by the Bureau of prison; and such programs and activities the incentives Prisons; and ‘‘(C) the periodic reassessment of risk that and rewards described in subchapter D. ‘‘(B) any change in the effectiveness of dys- a prisoner will recidivate upon release from ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— lexia mitigation programs among such pris- prison, based on factors including indicators In order to expand evidence-based recidivism oners that may be attributed to the incorpo- of progress and of regression, that are dy- reduction programs and productive activi- ration of dyslexia screening into the System namic and that can reasonably be expected ties, the Attorney General shall develop poli- and of dyslexia treatment into the evidence- to change while in prison.’’. cies for the warden of each prison of the Bu- based recidivism reduction programs, as re- (b) CLERICAL AMENDMENT.—The table of reau of Prisons to enter into partnerships, quired under this chapter. subchapters for chapter 229 of title 18, United subject to the availability of appropriations, ‘‘§ 3635. Definitions States Code, is amended by adding at the end with any of the following: ‘‘In this subchapter the following defini- the following: ‘‘(A) Nonprofit and other private organizations apply: ‘‘D. Risk and Needs Assessment ...... 3631’’. tions, including faith-based, art, and commu- ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means SEC. 102. IMPLEMENTATION OF SYSTEM AND nity-based organizations that will deliver re- an unexpected difficulty in reading for an in- RECOMMENDATIONS BY BUREAU OF cidivism reduction programming on a paid or dividual who has the intelligence to be a PRISONS. volunteer basis. much better reader, most commonly caused (a) IMPLEMENTATION OF SYSTEM GEN- ‘‘(B) Institutions of higher education (as by a difficulty in the phonological processing ERALLY.—Section 3621 of title 18, United defined in section 101 of the Higher Edu- (the appreciation of the individual sounds of States Code, is amended by adding at the end cation Act of 1965 (20 U.S.C. 1001)) that will spoken language), which affects the ability the following: deliver instruction on a paid or volunteer of an individual to speak, read, and spell. ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS basis. ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The ASSESSMENT SYSTEM.— ‘‘(C) Private entities that will— term ‘dyslexia screening program’ means a ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(i) deliver vocational training and certifi- screening program for dyslexia that is— after the Attorney General completes and re- cations; ‘‘(A) evidence-based (as defined in section leases the risk and needs assessment system ‘‘(ii) provide equipment to facilitate voca- 8101(21) of the Elementary and Secondary (referred to in this subsection as the ‘Sys- tional training or employment opportunities Education Act of 1965 (20 U.S.C. 7801(21))) tem’) developed under subchapter D, the Di- for prisoners; with proven psychometrics for validity; rector of the Bureau of Prisons shall, in ac- ‘‘(iii) employ prisoners; or ‘‘(B) efficient and low-cost; and cordance with that subchapter— ‘‘(iv) assist prisoners in prerelease custody ‘‘(C) readily available. ‘‘(A) implement and complete the initial or supervised release in finding employment. ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION intake risk and needs assessment for each ‘‘(D) Industry-sponsored organizations that PROGRAM.—The term ‘evidence-based recidi- prisoner (including for each prisoner who will deliver workforce development and vism reduction program’ means either a was a prisoner prior to the effective date of training, on a paid or volunteer basis. group or individual activity that— this subsection), regardless of the prisoner’s ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO ‘‘(A) has been shown by empirical evidence length of imposed term of imprisonment, and ALL PRISONERS; PRIORITY.—The Director of to reduce recidivism or is based on research begin to assign prisoners to appropriate evi- the Bureau of Prisons shall provide all pris- indicating that it is likely to be effective in dence-based recidivism reduction programs oners with the opportunity to actively par- reducing recidivism; based on that determination; ticipate in evidence-based recidivism reduc- ‘‘(B) is designed to help prisoners succeed ‘‘(B) begin to expand the effective evi- tion programs or productive activities, ac- in their communities upon release from pris- dence-based recidivism reduction programs cording to their specific criminogenic needs, on; and and productive activities it offers and add throughout their entire term of incarcer- ‘‘(C) may include— any new evidence-based recidivism reduction ation. Priority for participation in recidi- ‘‘(i) social learning and communication, programs and productive activities nec- vism reduction programs shall be given to interpersonal, anti-bullying, rejection re- essary to effectively implement the System; medium-risk and high-risk prisoners, with sponse, and other life skills; and access to productive activities given to min- ‘‘(ii) family relationship building, struc- ‘‘(C) begin to implement the other risk and imum-risk and low-risk prisoners. tured parent-child interaction, and parenting needs assessment tools necessary to effec- ‘‘(7) DEFINITIONS.—The terms in this sub- skills; tively implement the System over time, section have the meaning given those terms ‘‘(iii) classes on morals or ethics; while prisoners are participating in and com- in section 3635.’’. ‘‘(iv) academic classes; pleting the effective evidence-based recidi- (b) PRERELEASE CUSTODY.— ‘‘(v) cognitive behavioral treatment; vism reduction programs and productive ac- (1) IN GENERAL.—Section 3624 of title 18, ‘‘(vi) mentoring; tivities. United States Code, is amended— ‘‘(vii) substance abuse treatment; ‘‘(2) PHASE-IN.—In order to carry out para- (A) in subsection (b)(1)— ‘‘(viii) vocational training; graph (1), so that every prisoner has the op- (i) by striking ‘‘, beyond the time served, ‘‘(ix) faith-based classes or services; portunity to participate in and complete the of up to 54 days at the end of each year of the ‘‘(x) civic engagement and reintegrative type and amount of evidence-based recidi- prisoner’s term of imprisonment, beginning community services; vism reduction programs or productive ac- at the end of the first year of the term,’’ and ‘‘(xi) a prison job, including through a pris- tivities they need, and be reassessed for re- inserting ‘‘of up to 54 days for each year of on work program; cidivism risk as necessary to effectively im- the prisoner’s sentence imposed by the ‘‘(xii) victim impact classes or other re- plement the System, the Bureau of Prisons court,’’; and storative justice programs; and shall— (ii) by striking ‘‘credit for the last year or ‘‘(xiii) trauma counseling and trauma-in- ‘‘(A) provide such evidence-based recidi- portion of a year of the term of imprison- formed support programs. vism reduction programs and productive ac- ment shall be prorated and credited within ‘‘(4) PRISONER.—The term ‘prisoner’ means tivities for all prisoners before the date that the last six weeks of the sentence’’ and in- a person who has been sentenced to a term of is 2 years after the date on which the Bureau serting ‘‘credit for the last year of a term of imprisonment pursuant to a conviction for a of Prisons completes a risk and needs assess- imprisonment shall be credited on the first Federal criminal offense, or a person in the ment for each prisoner under paragraph day of the last year of the term of imprison- custody of the Bureau of Prisons. (1)(A); and ment’’; and ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro- ‘‘(B) develop and validate the risk and (B) by adding at the end the following: ductive activity’ means either a group or in- needs assessment tool to be used in the reas- dividual activity that is designed to allow sessments of risk of recidivism, while pris- ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED prisoners determined as having a minimum oners are participating in and completing RELEASE FOR RISK AND NEEDS ASSESSMENT or low risk of recidivating to remain produc- evidence-based recidivism reduction pro- SYSTEM PARTICIPANTS.— tive and thereby maintain a minimum or low grams and productive activities. ‘‘(1) ELIGIBLE PRISONERS.—This subsection risk of recidivating, and may include the de- ‘‘(3) PRIORITY DURING PHASE-IN.—During applies in the case of a prisoner (as such livery of the programs described in para- the 2-year period described in paragraph term is defined in section 3635) who— graph (1) to other prisoners. (2)(A), the priority for such programs and ac- ‘‘(A) has earned time credits under the risk ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.— tivities shall be accorded based on a pris- and needs assessment system developed The term ‘risk and needs assessment tool’ oner’s proximity to release date. under subchapter D (referred to in this sub- means an objective and statistically vali- ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- section as the ‘System’) in an amount that is dated method through which information is BASED RECIDIVISM REDUCTION PROGRAMS AND equal to the remainder of the prisoner’s im- collected and evaluated to determine— AUTHORITY TO USE INCENTIVES.—Beginning on posed term of imprisonment; ‘‘(A) as part of the intake process, the risk the date of enactment of this subsection, the ‘‘(B) has shown through the periodic risk that a prisoner will recidivate upon release Bureau of Prisons may begin to expand any reassessments a demonstrated recidivism from prison; evidence-based recidivism reduction pro- risk reduction or has maintained a minimum ‘‘(B) the recidivism reduction programs grams and productive activities that exist at or low recidivism risk, during the prisoner’s that will best minimize the risk that the a prison as of such date, and may offer to term of imprisonment;

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7677 ‘‘(C) has had the remainder of the pris- dential reentry center shall be subject to prisoner, persons who provide such services, oner’s imposed term of imprisonment com- such conditions as the Director of the Bu- or any other person. The warden shall pro- puted under applicable law; and reau of Prisons determines appropriate. vide written notice of any such waiver to the ‘‘(D)(i) in the case of a prisoner being ‘‘(3) SUPERVISED RELEASE.—If the sen- person providing such services and to the placed in prerelease custody, the prisoner— tencing court included as a part of the pris- prisoner. ‘‘(I) has been determined under the System oner’s sentence a requirement that the pris- ‘‘(10) TIME LIMITS INAPPLICABLE.—The time to be a minimum or low risk to recidivate oner be placed on a term of supervised re- limits under subsections (b) and (c) shall not pursuant to the last 2 reassessments of the lease after imprisonment pursuant to section apply to prerelease custody under this sub- prisoner; or 3583, the Director of the Bureau of Prisons section. ‘‘(II) has had a petition to be transferred to may transfer the prisoner to begin any such ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The prerelease custody or supervised release ap- term of supervised release at an earlier date, Director of the Bureau of Prisons shall en- proved by the warden of the prison, after the not to exceed 12 months, based on the appli- sure there is sufficient prerelease custody warden’s determination that— cation of time credits under section 3632. capacity to accommodate all eligible pris- ‘‘(aa) the prisoner would not be a danger to ‘‘(4) DETERMINATION OF CONDITIONS.—In de- oners.’’. society if transferred to prerelease custody termining appropriate conditions for pris- (2) EFFECTIVE DATE.—The amendments or supervised release; oners placed in prerelease custody pursuant made by this subsection shall take effect be- ‘‘(bb) the prisoner has made a good faith ef- to this subsection, the Director of the Bu- ginning on the date that the Attorney Gen- fort to lower their recidivism risk through reau of Prisons shall, to the extent prac- eral completes and releases the risk and participation in recidivism reduction pro- ticable, provide that increasingly less re- needs assessment system under subchapter D grams or productive activities; and strictive conditions shall be imposed on pris- of chapter 229 of title 18, United States Code, ‘‘(cc) the prisoner is unlikely to recidivate; oners who demonstrate continued compli- as added by section 101(a) of this Act. or ance with the conditions of such prerelease (3) APPLICABILITY.—The amendments made ‘‘(ii) in the case of a prisoner being placed custody, so as to most effectively prepare by this subsection shall apply with respect in supervised release, the prisoner has been such prisoners for reentry. to offenses committed before, on, or after the determined under the System to be a min- ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris- date of enactment of this Act, except that imum or low risk to recidivate pursuant to oner violates a condition of the prisoner’s such amendments shall not apply with re- the last reassessment of the prisoner. prerelease custody, the Director of the Bu- spect to offenses committed before Novem- ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A reau of Prisons may impose such additional ber 1, 1987. prisoner shall be placed in prerelease cus- conditions on the prisoner’s prerelease cus- SEC. 103. GAO REPORT. tody as follows: tody as the Director of the Bureau of Prisons Not later than 2 years after the Director of ‘‘(A) HOME CONFINEMENT.— determines appropriate, or revoke the pris- the Bureau of Prisons implements the risk ‘‘(i) IN GENERAL.—A prisoner placed in oner’s prerelease custody and require the and needs assessment system under section prerelease custody pursuant to this sub- prisoner to serve the remainder of the term 3621 of title 18, United States Code, and every section who is placed in home confinement of imprisonment to which the prisoner was 2 years thereafter, the Comptroller General shall— sentenced, or any portion thereof, in prison. of the United States shall conduct an audit ‘‘(I) be subject to 24-hour electronic moni- If the violation is nontechnical in nature, of the use of the risk and needs assessment toring that enables the prompt identification the Director of the Bureau of Prisons shall system at Bureau of Prisons facilities. The of the prisoner, location, and time, in the revoke the prisoner’s prerelease custody. audit shall include analysis of the following: case of any violation of subclause (II); ‘‘(6) ISSUANCE OF GUIDELINES.—The Attor- (1) Whether inmates are being assessed ‘‘(II) remain in the prisoner’s residence, ex- ney General, in consultation with the Assist- under the risk and needs assessment system cept that the prisoner may leave the pris- ant Director for the Office of Probation and with the frequency required under such sec- oner’s home in order to, subject to the ap- Pretrial Services, shall issue guidelines for tion 3621 of title 18, United States Code. proval of the Director of the Bureau of Pris- use by the Bureau of Prisons in deter- (2) Whether the Bureau of Prisons is able ons— mining— to offer recidivism reduction programs and ‘‘(aa) perform a job or job-related activi- ‘‘(A) the appropriate type of prerelease cus- productive activities (as such terms are de- ties, including an apprenticeship, or partici- tody or supervised release and level of super- fined in section 3635 of title 18, United States pate in job-seeking activities; vision for a prisoner placed on prerelease Code, as added by section 101(a) of this Act). ‘‘(bb) participate in evidence-based recidi- custody pursuant to this subsection; and (3) Whether the Bureau of Prisons is offer- vism reduction programming or productive ‘‘(B) consequences for a violation of a con- ing the type, amount, and intensity of recidi- activities assigned by the System, or similar dition of such prerelease custody by such a vism reduction programs and productive ac- activities; prisoner, including a return to prison and a tivities for prisoners to earn the maximum ‘‘(cc) perform community service; reassessment of evidence-based recidivism amount of time credits for which they are el- ‘‘(dd) participate in crime victim restora- risk level under the System. igible. tion activities; ‘‘(7) AGREEMENTS WITH UNITED STATES PRO- (4) Whether the Attorney General is car- ‘‘(ee) receive medical treatment; BATION AND PRETRIAL SERVICES.—The Direc- rying out the duties under section 3631(b) of ‘‘(ff) attend religious activities; or tor of the Bureau of Prisons shall, to the title 18, United States Code, as added by sec- ‘‘(gg) participate in other family-related greatest extent practicable, enter into agree- tion 101(a) of this Act. activities that facilitate the prisoner’s suc- ments with United States Probation and (5) Whether officers and employees of the cessful reentry such as a family funeral, a Pretrial Services to supervise prisoners Bureau of Prisons are receiving the training family wedding, or to visit a family member placed in home confinement under this sub- described in section 3632(f) of title 18, United who is seriously ill; and section. Such agreements shall— States Code, as added by section 101(a) of ‘‘(III) comply with such other conditions as ‘‘(A) authorize United States Probation this Act. the Director determines appropriate. and Pretrial Services to exercise the author- (6) Whether the Bureau of Prisons offers ‘‘(ii) ALTERNATE MEANS OF MONITORING.—If ity granted to the Director pursuant to para- work assignments to all prisoners who might the electronic monitoring of a prisoner de- graphs (3) and (4); and benefit from such an assignment. scribed in clause (i)(I) is infeasible for tech- ‘‘(B) take into account the resource re- (7) Whether the Bureau of Prisons transfers nical or religious reasons, the Director of the quirements of United States Probation and prisoners to prerelease custody or supervised Bureau of Prisons may use alternative Pretrial Services as a result of the transfer release as soon as they are eligible for such means of monitoring a prisoner placed in of Bureau of Prisons prisoners to prerelease a transfer under section 3624(g) of title 18, home confinement that the Director deter- custody or supervised release. United States Code, as added by section mines are as effective or more effective than ‘‘(8) ASSISTANCE.—United States Probation 102(b) of this Act. the electronic monitoring described in clause and Pretrial Services shall, to the greatest (8) The rates of recidivism among similarly (i)(I). extent practicable, offer assistance to any classified prisoners to identify any unwar- ‘‘(iii) MODIFICATIONS.—The Director of the prisoner not under its supervision during ranted disparities, including disparities Bureau of Prisons may modify the conditions prerelease custody under this subsection. among similarly classified prisoners of dif- described in clause (i) if the Director deter- ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL ferent demographic groups, in such rates. mines that a compelling reason exists to do SERVICES.—Any prerelease custody into SEC. 104. AUTHORIZATION OF APPROPRIATIONS. so, and that the prisoner has demonstrated which a prisoner is placed under this sub- (a) IN GENERAL.—There is authorized to be exemplary compliance with such conditions. section may not include a condition prohib- appropriated to carry out this title ‘‘(iv) DURATION.—Except as provided in iting the prisoner from receiving mentoring, $75,000,000 for each of fiscal years 2019 paragraph (4), a prisoner who is placed in reentry, or spiritual services from a person through 2023. Of the amount appropriated home confinement shall remain in home con- who provided such services to the prisoner under this subsection, 80 percent shall be re- finement until the prisoner has served not while the prisoner was incarcerated, except served for use by the Director of the Bureau less than 85 percent of the prisoner’s imposed that the warden of the facility at which the of Prisons to implement the system under term of imprisonment. prisoner was incarcerated may waive the re- section 3621(h) of title 18, United States ‘‘(B) RESIDENTIAL REENTRY CENTER.—A quirement under this paragraph if the war- Code, as added by section 102(a) of this Act. prisoner placed in prerelease custody pursu- den finds that the provision of such services (b) SAVINGS.—It is the sense of Congress ant to this subsection who is placed at a resi- would pose a significant security risk to the that any savings associated with reductions

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7678 CONGRESSIONAL RECORD — SENATE December 17, 2018 in recidivism that result from this title (2) 2 corrections practitioners who have de- TITLE II—BUREAU OF PRISONS SECURE should be reinvested— veloped and implemented a risk assessment FIREARMS STORAGE (1) to supplement funding for programs tool in a corrections system or in a commu- SEC. 201. SHORT TITLE. that increase public safety by providing re- nity supervision setting, including 1 with This title may be cited as the ‘‘Lieutenant sources to State and local law enforcement prior experience working within the Bureau Osvaldo Albarati Correctional Officer Self- officials, including for the adoption of inno- of Prisons; and Protection Act of 2018’’. (3) 1 individual with expertise in assessing vative technologies and information sharing SEC. 202. SECURE FIREARMS STORAGE. capabilities; risk assessment implementation. (a) IN GENERAL.—Chapter 303 of title 18, (e) DUTIES OF THE INDEPENDENT REVIEW (2) into evidence-based recidivism reduc- United States Code, is amended by adding at COMMITTEE.—The Independent Review Com- tion programs offered by the Bureau of Pris- the end the following: ons; and mittee shall assist the Attorney General in (3) into ensuring eligible prisoners have ac- carrying out the Attorney General’s duties ‘‘§ 4050. Secure firearms storage cess to such programs and productive activi- under sections 3631(b), 3632 and 3633 of title ‘‘(a) DEFINITIONS.—In this section— ties offered by the Bureau of Prisons. 18, United States Code, as added by section ‘‘(1) the term ‘employee’ means a qualified SEC. 105. RULE OF CONSTRUCTION. 101(a) of this Act, including by assisting in— law enforcement officer employed by the Bu- Nothing in this Act, or the amendments (1) conducting a review of the existing pris- reau of Prisons; and made by this Act, may be construed to pro- oner risk and needs assessment systems in ‘‘(2) the terms ‘firearm’ and ‘qualified law vide authority to place a prisoner in operation on the date of enactment of this enforcement officer’ have the meanings prerelease custody or supervised release who Act; given those terms under section 926B. is serving a term of imprisonment pursuant (2) developing recommendations regarding ‘‘(b) SECURE FIREARMS STORAGE.—The Di- to a conviction for an offense under the laws evidence-based recidivism reduction pro- rector of the Bureau of Prisons shall ensure of one of the 50 States, or of a territory or grams and productive activities; that each chief executive officer of a Federal possession of the United States or to amend (3) conducting research and data analysis penal or correctional institution— or affect the enforcement of the immigration on— ‘‘(1)(A) provides a secure storage area lo- laws, as defined in section 101 of the Immi- (A) evidence-based recidivism reduction cated outside of the secure perimeter of the gration and Nationality Act (8 U.S.C. 1101). programs relating to the use of prisoner risk institution for employees to store firearms; and needs assessment tools; SEC. 106. FAITH-BASED CONSIDERATIONS. or (B) the most effective and efficient uses of (a) IN GENERAL.—In considering any pro- ‘‘(B) allows employees to store firearms in such programs; and gram, treatment, regimen, group, company, a vehicle lockbox approved by the Director (C) which evidence-based recidivism reduc- charity, person, or entity of any kind under of the Bureau of Prisons; and tion programs are the most effective at re- any provision of this Act, or the amend- ‘‘(2) notwithstanding any other provision ducing recidivism, and the type, amount, and ments made by this Act, the fact that it may of law, allows employees to carry concealed intensity of programming that most effec- be or is faith-based may not be a basis for firearms on the premises outside of the se- tively reduces the risk of recidivism; and any discrimination against it in any manner cure perimeter of the institution.’’. (4) reviewing and validating the risk and or for any purpose. (b) TECHNICAL AND CONFORMING AMEND- needs assessment system. (b) ELIGIBILITY FOR EARNED TIME CREDIT.— MENT.—The table of sections for chapter 303 (f) BUREAU OF PRISONS COOPERATION.—The Participation in a faith-based program, of title 18, United States Code, is amended by Director of the Bureau of Prisons shall assist treatment, or regimen may qualify a pris- adding at the end the following: the Independent Review Committee in per- oner for earned time credit under subchapter forming the Committee’s duties and prompt- ‘‘4050. Secure firearms storage.’’. D of chapter 229 of title 18, United States ly respond to requests from the Committee TITLE III—RESTRAINTS ON PREGNANT Code, as added by section 101(a) of this Act, for access to Bureau of Prisons facilities, PRISONERS PROHIBITED however, the Director of the Bureau of Pris- personnel, and information. ons shall ensure that non-faith-based pro- SEC. 301. USE OF RESTRAINTS ON PRISONERS (g) REPORT.—Not later than 2 years after DURING THE PERIOD OF PREG- grams that qualify for earned time credit are the date of enactment of this Act, the Inde- NANCY AND POSTPARTUM RECOV- offered at each Bureau of Prisons facility in pendent Review Committee shall submit to ERY PROHIBITED. addition to any such faith-based programs. the Committee on the Judiciary and the (a) IN GENERAL.—Chapter 317 of title 18, (c) LIMITATION ON ACTIVITIES.—A group, Subcommittee on Commerce, Justice, United States Code, is amended by inserting company, charity, person, or entity may not Science, and Related Agencies of the Com- after section 4321 the following: engage in faith-based activities using direct mittee on Appropriations of the Senate and ‘‘§ 4322. Use of restraints on prisoners during financial assistance made available under the Committee on the Judiciary and the the period of pregnancy, labor, and this title or the amendments made by this Subcommittee on Commerce, Justice, postpartum recovery prohibited title. Science, and Related Agencies of the Com- ‘‘(a) PROHIBITION.—Except as provided in (d) RULE OF CONSTRUCTION.—Nothing in mittee on Appropriations of the House of subsection (b), beginning on the date on this Act, or the amendments made by this Representatives a report that includes— which pregnancy is confirmed by a Act, may be construed to amend any require- (1) a list of all offenses of conviction for healthcare professional, and ending at the ment under Federal law or the Constitution which prisoners were ineligible to receive conclusion of postpartum recovery, a pris- of the United States regarding funding for time credits under section 3632(d)(4)(D) of faith-based programs or activities. title 18, United States Code, as added by sec- oner in the custody of the Bureau of Prisons, SEC. 107. INDEPENDENT REVIEW COMMITTEE. tion 101(a) of this Act, and for each offense or in the custody of the United States Mar- (a) IN GENERAL.—The Attorney General the number of prisoners excluded, including shals Service pursuant to section 4086, shall shall consult with an Independent Review demographic percentages by age, race, and not be placed in restraints. Committee in carrying out the Attorney sex; ‘‘(b) EXCEPTIONS.— General’s duties under sections 3631(b), 3632 (2) the criminal history categories of pris- ‘‘(1) IN GENERAL.—The prohibition under and 3633 of title 18, United States Code, as oners ineligible to receive time credits under subsection (a) shall not apply if— added by section 101(a) of this Act. section 3632(d)(4)(D) of title 18, United States ‘‘(A) an appropriate corrections official, or (b) FORMATION OF INDEPENDENT REVIEW Code, as added by section 101(a) of this Act, a United States marshal, as applicable, COMMITTEE.—The National Institute of Jus- and for each category the number of pris- makes a determination that the prisoner— tice shall select a nonpartisan and nonprofit oners excluded, including demographic per- ‘‘(i) is an immediate and credible flight organization with expertise in the study and centages by age, race, and sex; risk that cannot reasonably be prevented by development of risk and needs assessment (3) the number of prisoners ineligible to other means; or tools to host the Independent Review Com- apply time credits under section 3632(d)(4)(D) ‘‘(ii) poses an immediate and serious threat mittee. The Independent Review Committee of title 18, United States Code, as added by of harm to herself or others that cannot rea- shall be established not later than 30 days section 101(a) of this Act, who do not partici- sonably be prevented by other means; or after the date of enactment of this Act. pate in recidivism reduction programming or ‘‘(B) a healthcare professional responsible (c) APPOINTMENT OF INDEPENDENT REVIEW productive activities, including the demo- for the health and safety of the prisoner de- COMMITTEE.—The organization selected by graphic percentages by age, race, and sex; termines that the use of restraints is appro- the National Institute of Justice shall ap- (4) any recommendations for modifications priate for the medical safety of the prisoner. point not fewer than 6 members to the Inde- to section 3632(d)(4)(D) of title 18, United ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In pendent Review Committee. States Code, as added by section 101(a) of the case that restraints are used pursuant to (d) COMPOSITION OF THE INDEPENDENT RE- this Act, and any other recommendations re- an exception under paragraph (1), only the VIEW COMMITTEE.—The members of the Inde- garding recidivism reduction. least restrictive restraints necessary to pre- pendent Review Committee shall all have ex- (h) TERMINATION.—The Independent Review vent the harm or risk of escape described in pertise in risk and needs assessment systems Committee shall terminate on the date that paragraph (1) may be used. and shall include— is 2 years after the date on which the risk ‘‘(3) APPLICATION.— (1) 2 individuals who have published peer- and needs assessment system authorized by ‘‘(A) IN GENERAL.—The exceptions under reviewed scholarship about risk and needs sections 3632 and 3633 of title 18, United paragraph (1) may not be applied— assessments in both corrections and commu- States Code, as added by section 101(a) of ‘‘(i) to place restraints around the ankles, nity settings; this Act, is released. legs, or waist of a prisoner;

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7679 ‘‘(ii) to restrain a prisoner’s hands behind ‘‘(A) how to identify certain symptoms of ment which may not be less than 20 years’’ her back; pregnancy that require immediate referral and inserting the following: ‘‘If any person ‘‘(iii) to restrain a prisoner using 4-point to a healthcare professional; commits such a violation after a prior con- restraints; or ‘‘(B) circumstances under which the excep- viction for a serious drug felony or serious ‘‘(iv) to attach a prisoner to another pris- tions under subsection (b) would apply; violent felony has become final, such person oner. ‘‘(C) in the case that an exception under shall be sentenced to a term of imprisonment ‘‘(B) MEDICAL REQUEST.—Notwithstanding subsection (b) applies, how to apply re- of not less than 15 years’’; and paragraph (1), upon the request of a straints in a way that does not harm the (ii) by striking ‘‘after two or more prior healthcare professional who is responsible prisoner, the fetus, or the neonate; convictions for a felony drug offense have be- for the health and safety of a prisoner, a cor- ‘‘(D) the information required to be re- come final, such person shall be sentenced to rections official or United States marshal, as ported under subsection (c); and a mandatory term of life imprisonment with- applicable, shall refrain from using re- ‘‘(E) the right of a healthcare professional out release’’ and inserting the following: straints on the prisoner or shall remove re- to request that restraints not be used, and ‘‘after 2 or more prior convictions for a seri- straints used on the prisoner. the requirement under subsection (b)(3)(B) to ous drug felony or serious violent felony ‘‘(c) REPORTS.— comply with such a request. have become final, such person shall be sen- ‘‘(1) REPORT TO THE DIRECTOR AND ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de- tenced to a term of imprisonment of not less HEALTHCARE PROFESSIONAL.—If a corrections veloping the guidelines required by para- than 25 years’’; and official or United States marshal uses re- graph (1), the Directors shall each consult (B) in subparagraph (B), in the matter fol- straints on a prisoner under subsection with healthcare professionals with expertise lowing clause (viii), by striking ‘‘If any per- (b)(1), that official or marshal shall submit, in caring for women during the period of son commits such a violation after a prior not later than 30 days after placing the pris- pregnancy and postpartum recovery. conviction for a felony drug offense has be- oner in restraints, to the Director of the Bu- ‘‘(g) DEFINITIONS.—For purposes of this sec- come final’’ and inserting the following: ‘‘If reau of Prisons or the Director of the United tion: any person commits such a violation after a States Marshals Service, as applicable, and ‘‘(1) POSTPARTUM RECOVERY.—The term prior conviction for a serious drug felony or to the healthcare professional responsible for ‘postpartum recovery’ means the 12-week pe- serious violent felony has become final’’. the health and safety of the prisoner, a writ- riod, or longer as determined by the (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS.—Section 1010(b) ten report that describes the facts and cir- healthcare professional responsible for the of the Controlled Substances Import and Ex- cumstances surrounding the use of re- health and safety of the prisoner, following port Act (21 U.S.C. 960(b)) is amended— straints, and includes— delivery, and shall include the entire period (1) in paragraph (1), in the matter fol- ‘‘(A) the reasoning upon which the deter- that the prisoner is in the hospital or infir- lowing subparagraph (H), by striking ‘‘If any mination to use restraints was made; mary. person commits such a violation after a prior ‘‘(B) the details of the use of restraints, in- ‘‘(2) PRISONER.—The term ‘prisoner’ means conviction for a felony drug offense has be- cluding the type of restraints used and a person who has been sentenced to a term of come final, such person shall be sentenced to length of time during which restraints were imprisonment pursuant to a conviction for a a term of imprisonment of not less than 20 used; and Federal criminal offense, or a person in the years’’ and inserting ‘‘If any person commits ‘‘(C) any resulting physical effects on the custody of the Bureau of Prisons, including a such a violation after a prior conviction for prisoner observed by or known to the correc- person in a Bureau of Prisons contracted fa- a serious drug felony or serious violent fel- tions official or United States marshal, as cility. ony has become final, such person shall be applicable. ‘‘(3) RESTRAINTS.—The term ‘restraints’ means any physical or mechanical device sentenced to a term of imprisonment of not ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC- used to control the movement of a prisoner’s less than 15 years’’; and TOR.—Upon receipt of a report under para- (2) in paragraph (2), in the matter fol- graph (1), the healthcare professional respon- body, limbs, or both.’’. LERICAL AMENDMENT.—The table of lowing subparagraph (H), by striking ‘‘felony sible for the health and safety of the prisoner (b) C sections for chapter 317 of title 18, United drug offense’’ and inserting ‘‘serious drug fel- may submit to the Director such informa- States Code, is amended by adding after the ony or serious violent felony’’. tion as the healthcare professional deter- item relating to section 4321 the following: (c) APPLICABILITY TO PENDING CASES.—This mines is relevant to the use of restraints on ‘‘4322. Use of restraints on prisoners during section, and the amendments made by this the prisoner. section, shall apply to any offense that was ‘‘(3) REPORT TO JUDICIARY COMMITTEES.— the period of pregnancy, labor, and postpartum recovery pro- committed before the date of enactment of ‘‘(A) IN GENERAL.—Not later than 1 year this Act, if a sentence for the offense has not hibited.’’. after the date of enactment of this section, been imposed as of such date of enactment. and annually thereafter, the Director of the TITLE IV—SENTENCING REFORM SEC. 402. BROADENING OF EXISTING SAFETY Bureau of Prisons and the Director of the SEC. 401. REDUCE AND RESTRICT ENHANCED VALVE. United States Marshals Service shall each SENTENCING FOR PRIOR DRUG (a) AMENDMENTS.—Section 3553 of title 18, submit to the Judiciary Committee of the FELONIES. United States Code, is amended— Senate and of the House of Representatives a (a) CONTROLLED SUBSTANCES ACT AMEND- (1) in subsection (f)— report that certifies compliance with this MENTS.—The Controlled Substances Act (21 (A) in the matter preceding paragraph (1)— section and includes the information re- U.S.C. 801 et seq.) is amended— (i) by striking ‘‘or section 1010’’ and insert- quired to be reported under paragraph (1). (1) in section 102 (21 U.S.C. 802), by adding ing ‘‘, section 1010’’; and ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- at the end the following: (ii) by inserting ‘‘, or section 70503 or 70506 TION.—The report under this paragraph shall ‘‘(57) The term ‘serious drug felony’ means of title 46’’ after ‘‘963)’’; not contain any personally identifiable in- an offense described in section 924(e)(2) of (B) by striking paragraph (1) and inserting formation of any prisoner. title 18, United States Code, for which— the following: ‘‘(A) the offender served a term of impris- ‘‘(d) NOTICE.—Not later than 48 hours after ‘‘(1) the defendant does not have— the confirmation of a prisoner’s pregnancy onment of more than 12 months; and ‘‘(A) more than 4 criminal history points, by a healthcare professional, that prisoner ‘‘(B) the offender’s release from any term excluding any criminal history points result- shall be notified by an appropriate of imprisonment was within 15 years of the ing from a 1-point offense, as determined healthcare professional, corrections official, commencement of the instant offense. under the sentencing guidelines; or United States marshal, as applicable, of ‘‘(58) The term ‘serious violent felony’ ‘‘(B) a prior 3-point offense, as determined the restrictions on the use of restraints means— under the sentencing guidelines; and under this section. ‘‘(A) an offense described in section ‘‘(C) a prior 2-point violent offense, as de- 3559(c)(2) of title 18, United States Code, for termined under the sentencing guidelines;’’; ‘‘(e) VIOLATION REPORTING PROCESS.—The which the offender served a term of impris- Director of the Bureau of Prisons, in con- and onment of more than 12 months; and (C) by adding at the end the following: sultation with the Director of the United ‘‘(B) any offense that would be a felony States Marshals Service, shall establish a ‘‘Information disclosed by a defendant under violation of section 113 of title 18, United this subsection may not be used to enhance process through which a prisoner may report States Code, if the offense were committed a violation of this section. the sentence of the defendant unless the in- in the special maritime and territorial juris- formation relates to a violent offense.’’; and ‘‘(f) TRAINING.— diction of the United States, for which the (2) by adding at the end the following: ‘‘(1) IN GENERAL.—The Director of the Bu- offender served a term of imprisonment of ‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As reau of Prisons and the Director of the more than 12 months.’’; and used in this section, the term ‘violent of- United States Marshals Service shall each (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— fense’ means a crime of violence, as defined develop training guidelines regarding the use (A) in subparagraph (A), in the matter fol- in section 16, that is punishable by imprison- of restraints on female prisoners during the lowing clause (viii)— ment.’’. period of pregnancy, labor, and postpartum (i) by striking ‘‘If any person commits such (b) APPLICABILITY.—The amendments made recovery, and shall incorporate such guide- a violation after a prior conviction for a fel- by this section shall apply only to a convic- lines into appropriate training programs. ony drug offense has become final, such per- tion entered on or after the date of enact- Such training guidelines shall include— son shall be sentenced to a term of imprisonment of this Act.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7680 CONGRESSIONAL RECORD — SENATE December 17, 2018 SEC. 403. CLARIFICATION OF SECTION 924(c) OF (3) by striking subsections (d), (e), and (f) ‘‘(A) reflects explicit support of the chief TITLE 18, UNITED STATES CODE. and inserting the following: executive officer, or their designee, of the (a) IN GENERAL.—Section 924(c)(1)(C) of ‘‘(d) COMBINED GRANT APPLICATION; PRI- State, unit of local government, territory, or title 18, United States Code, is amended, in ORITY CONSIDERATION.— Indian tribe applying for a grant under this the matter preceding clause (i), by striking ‘‘(1) IN GENERAL.—The Attorney General subsection; ‘‘second or subsequent conviction under this shall develop a procedure to allow applicants ‘‘(B) provides discussion of the role of Fed- subsection’’ and inserting ‘‘violation of this to submit a single application for a planning eral corrections, State corrections depart- subsection that occurs after a prior convic- grant under subsection (e) and an implemen- ments, community corrections agencies, ju- tion under this subsection has become final’’. tation grant under subsection (f). venile justice systems, and tribal or local (b) APPLICABILITY TO PENDING CASES.—This ‘‘(2) PRIORITY CONSIDERATION.—The Attor- jail systems in ensuring successful reentry of section, and the amendments made by this ney General shall give priority consideration offenders into their communities; section, shall apply to any offense that was to grant applications under subsections (e) ‘‘(C) provides evidence of collaboration committed before the date of enactment of and (f) that include a commitment by the ap- with State, local, or tribal government agen- this Act, if a sentence for the offense has not plicant to partner with a local evaluator to cies overseeing health, housing, child wel- been imposed as of such date of enactment. identify and analyze data that will— fare, education, substance abuse, victims SEC. 404. APPLICATION OF FAIR SENTENCING ‘‘(A) enable the grantee to target the in- services, and employment services, and with ACT. tended offender population; and local law enforcement agencies; (a) DEFINITION OF COVERED OFFENSE.—In ‘‘(B) serve as a baseline for purposes of the ‘‘(D) provides a plan for analysis of the this section, the term ‘‘covered offense’’ evaluation. statutory, regulatory, rules-based, and prac- means a violation of a Federal criminal stat- tice-based hurdles to reintegration of offend- ‘‘(e) PLANNING GRANTS.— ute, the statutory penalties for which were ers into the community; ‘‘(1) IN GENERAL.—Except as provided in modified by section 2 or 3 of the Fair Sen- paragraph (3), the Attorney General may ‘‘(E) includes the use of a State, local, territorial, or tribal task force, described in tencing Act of 2010 (Public Law 111–220; 124 make a grant to an eligible entity of not subsection (i), to carry out the activities Stat. 2372), that was committed before Au- more than $75,000 to develop a strategic, col- funded under the grant; gust 3, 2010. laborative plan for an adult or juvenile of- ‘‘(F) provides a plan for continued collabo- (b) DEFENDANTS PREVIOUSLY SENTENCED.— fender reentry demonstration project as de- ration with a local evaluator as necessary to A court that imposed a sentence for a cov- scribed in subsection (h) that includes— meeting the requirements under subsection ered offense may, on motion of the defend- ‘‘(A) a budget and a budget justification; (h); and ant, the Director of the Bureau of Prisons, ‘‘(B) a description of the outcome measures ‘‘(G) demonstrates that the applicant par- the attorney for the Government, or the that will be used to measure the effective- ticipated in the planning grant process or en- court, impose a reduced sentence as if sec- ness of the program in promoting public tions 2 and 3 of the Fair Sentencing Act of gaged in comparable planning for the reentry safety and public health; project. 2010 (Public Law 111–220; 124 Stat. 2372) were ‘‘(C) the activities proposed; in effect at the time the covered offense was ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor- ‘‘(D) a schedule for completion of the ac- ney General shall give priority to grant ap- committed. tivities described in subparagraph (C); and (c) LIMITATIONS.—No court shall entertain plications under this subsection that best— ‘‘(E) a description of the personnel nec- a motion made under this section to reduce ‘‘(A) focus initiative on geographic areas essary to complete the activities described a sentence if the sentence was previously im- with a disproportionate population of offend- in subparagraph (C). posed or previously reduced in accordance ers released from prisons, jails, and juvenile ‘‘(2) MAXIMUM TOTAL GRANTS AND GEO- with the amendments made by sections 2 and facilities; GRAPHIC DIVERSITY.— 3 of the Fair Sentencing Act of 2010 (Public ‘‘(B) include— ‘‘(A) MAXIMUM AMOUNT.—The Attorney Law 111–220; 124 Stat. 2372) or if a previous ‘‘(i) input from nonprofit organizations, in General may not make initial planning motion made under this section to reduce any case where relevant input is available grants and implementation grants to 1 eligi- the sentence was, after the date of enact- and appropriate to the grant application; ble entity in a total amount that is more ment of this Act, denied after a complete re- ‘‘(ii) consultation with crime victims and than a $1,000,000. view of the motion on the merits. Nothing in offenders who are released from prisons, ‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney this section shall be construed to require a jails, and juvenile facilities; General shall make every effort to ensure eq- court to reduce any sentence pursuant to ‘‘(iii) coordination with families of offend- uitable geographic distribution of grants this section. ers; under this section and take into consider- ‘‘(iv) input, where appropriate, from the ju- TITLE V—SECOND CHANCE ACT OF 2007 ation the needs of underserved populations, venile justice coordinating council of the re- REAUTHORIZATION including rural and tribal communities. gion; SEC. 501. SHORT TITLE. ‘‘(3) PERIOD OF GRANT.—A planning grant ‘‘(v) input, where appropriate, from the re- This title may be cited as the ‘‘Second made under this subsection shall be for a pe- entry coordinating council of the region; or Chance Reauthorization Act of 2018’’. riod of not longer than 1 year, beginning on ‘‘(vi) input, where appropriate, from other SEC. 502. IMPROVEMENTS TO EXISTING PRO- the first day of the month in which the plan- interested persons; GRAMS. ning grant is made. ‘‘(C) demonstrate effective case assessment (a) REAUTHORIZATION OF ADULT AND JUVE- ‘‘(f) IMPLEMENTATION GRANTS.— and management abilities in order to provide NILE OFFENDER STATE AND LOCAL DEM- ‘‘(1) APPLICATIONS.—An eligible entity de- comprehensive and continuous reentry, in- ONSTRATION PROJECTS.—Section 2976 of title I siring an implementation grant under this cluding— of the Omnibus Crime Control and Safe subsection shall submit to the Attorney Gen- ‘‘(i) planning for prerelease transitional Streets Act of 1968 (34 U.S.C. 10631) is amend- eral an application that— housing and community release that begins ed— ‘‘(A) contains a reentry strategic plan as upon admission for juveniles and jail in- (1) by striking subsection (a) and inserting described in subsection (h), which describes mates, and, as appropriate, for prison in- the following: the long-term strategy and incorporates a mates, depending on the length of the sen- ‘‘(a) GRANT AUTHORIZATION.—The Attorney detailed implementation schedule, including tence; General shall make grants to States, local the plans of the applicant to fund the pro- ‘‘(ii) establishing prerelease planning pro- governments, territories, or Indian tribes, or gram after Federal funding is discontinued; cedures to ensure that the eligibility of an any combination thereof (in this section re- ‘‘(B) identifies the local government role offender for Federal, tribal, or State benefits ferred to as an ‘eligible entity’), in partner- and the role of governmental agencies and upon release is established prior to release, ship with interested persons (including Fed- nonprofit organizations that will be coordi- subject to any limitations in law, and to en- eral corrections and supervision agencies), nated by, and that will collaborate on, the sure that offenders obtain all necessary re- service providers, and nonprofit organiza- offender reentry strategy of the applicant, ferrals for reentry services, including assist- tions for the purpose of strategic planning and certifies the involvement of such agen- ance identifying and securing suitable hous- and implementation of adult and juvenile of- cies and organizations; ing; or fender reentry projects.’’; ‘‘(C) describes the evidence-based method- ‘‘(iii) delivery of continuous and appro- (2) in subsection (b)— ology and outcome measures that will be priate mental health services, drug treat- (A) in paragraph (3), by inserting ‘‘or re- used to evaluate the program funded with a ment, medical care, job training and place- entry courts,’’ after ‘‘community,’’; grant under this subsection, and specifically ment, educational services, vocational serv- (B) in paragraph (6), by striking ‘‘and’’ at explains how such measurements will pro- ices, and any other service or support needed the end; vide valid measures of the impact of that for reentry; (C) in paragraph (7), by striking the period program; and ‘‘(D) review the process by which the appli- at the end and inserting ‘‘; and’’; and ‘‘(D) describes how the project could be cant adjudicates violations of parole, proba- (D) by adding at the end the following: broadly replicated if demonstrated to be ef- tion, or supervision following release from ‘‘(8) promoting employment opportunities fective. prison, jail, or a juvenile facility, taking consistent with the Transitional Jobs strat- ‘‘(2) REQUIREMENTS.—The Attorney General into account public safety and the use of egy (as defined in section 4 of the Second may make a grant to an applicant under this graduated, community-based sanctions for Chance Act of 2007 (34 U.S.C. 60502)).’’; and subsection only if the application— minor and technical violations of parole,

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7681 probation, or supervision (specifically those ‘‘(I) increased enrollment in, and comple- ‘‘(C) job training; violations that are not otherwise, and inde- tion of treatment services, including sub- ‘‘(D) conflict resolution skills training; pendently, a violation of law); stance abuse and mental health services ‘‘(E) batterer intervention programs; and ‘‘(E) provide for an independent evaluation among those assessed as needing such serv- ‘‘(F) other appropriate social services; and of reentry programs that include, to the ices; ‘‘(6) establishes and implements graduated maximum extent possible, random assign- ‘‘(J) increased enrollment in and degrees sanctions and incentives.’’. ment and controlled studies to determine the earned from educational programs, including (b) GRANTS FOR FAMILY-BASED SUBSTANCE effectiveness of such programs; high school, GED, vocational training, and ABUSE TREATMENT.—Part DD of title I of the ‘‘(F) target moderate and high-risk offend- college education; Omnibus Crime Control and Safe Streets Act ers for reentry programs through validated ‘‘(K) increased number of individuals ob- of 1968 (34 U.S.C. 10591 et seq.) is amended— assessment tools; or taining and retaining employment; (1) in section 2921 (34 U.S.C. 10591), in the ‘‘(G) target offenders with histories of ‘‘(L) increased number of individuals ob- matter preceding paragraph (1), by inserting homelessness, substance abuse, or mental ill- taining and maintaining housing; ‘‘nonprofit organizations,’’ before ‘‘and In- ness, including a prerelease assessment of ‘‘(M) increased self-reports of successful dian’’; the housing status of the offender and behav- community living, including stability of liv- (2) in section 2923 (34 U.S.C. 10593), by add- ioral health needs of the offender with clear ing situation and positive family relation- ing at the end the following: coordination with mental health, substance ships; ‘‘(c) PRIORITY CONSIDERATIONS.—The Attor- abuse, and homelessness services systems to ‘‘(N) reduction in drug and alcohol use; and ney General shall give priority consideration ‘‘(O) reduction in recidivism rates for indi- achieve stable and permanent housing out- to grant applications for grants under sec- viduals receiving reentry services after re- comes with appropriate support service. tion 2921 that are submitted by a nonprofit lease, as compared to either baseline recidi- ‘‘(4) PERIOD OF GRANT.—A grant made organization that demonstrates a relation- vism rates in the jurisdiction of the grantee under this subsection shall be effective for a ship with State and local criminal justice or recidivism rates of the control or com- 2-year period— agencies, including— parison group.’’; ‘‘(A) beginning on the date on which the ‘‘(1) within the judiciary and prosecutorial (C) in paragraph (3), by striking ‘‘facili- planning grant awarded under subsection (e) agencies; or ties.’’ and inserting ‘‘facilities, including a ‘‘(2) with the local corrections agencies, concludes; or cost-benefit analysis to determine the cost ‘‘(B) in the case of an implementation which shall be documented by a written effectiveness of the reentry program.’’; agreement that details the terms of access to grant awarded to an eligible entity that did (D) in paragraph (4), by striking ‘‘this sec- not receive a planning grant, beginning on facilities and participants and provides in- tion’’ and inserting ‘‘subsection (f)’’; and formation on the history of the organization the date on which the implementation grant (E) in paragraph (5), by striking ‘‘this sec- is awarded.’’; of working with correctional populations.’’; tion’’ and inserting ‘‘subsection (f)’’; and (4) in subsection (h)— (7) in subsection (k)(1), by striking ‘‘this (A) by redesignating paragraphs (2) and (3) (3) by striking section 2926(a) and inserting section’’ each place the term appears and in- the following: as paragraphs (3) and (4), respectively; and serting ‘‘subsection (f)’’; (B) by striking paragraph (1) and inserting ‘‘(a) IN GENERAL.—There are authorized to (8) in subsection (l)— be appropriated to carry out this part the following: (A) in paragraph (2), by inserting ‘‘begin- $10,000,000 for each of fiscal years 2019 ‘‘(1) IN GENERAL.—As a condition of receiv- ning on the date on which the most recent through 2023.’’. ing financial assistance under subsection (f), implementation grant is made to the grantee (c) GRANT PROGRAM TO EVALUATE AND IM- each application shall develop a comprehen- under subsection (f)’’ after ‘‘2-year period’’; PROVE EDUCATIONAL METHODS AT PRISONS, sive reentry strategic plan that— and JAILS, AND JUVENILE FACILITIES.—Title I of ‘‘(A) contains a plan to assess inmate re- (B) in paragraph (4), by striking ‘‘over a 2- the Omnibus Crime Control and Safe Streets entry needs and measurable annual and 3- year period’’ and inserting ‘‘during the 2- Act of 1968 (42 U.S.C. 3711 et seq.) is amend- year performance outcomes; year period described in paragraph (2)’’; ed— ‘‘(B) uses, to the maximum extent possible, (9) in subsection (o)(1), by striking ‘‘appro- (1) by striking the second part designated randomly assigned and controlled studies, or priated’’ and all that follows and inserting rigorous quasi-experimental studies with the following: ‘‘appropriated $35,000,000 for as part JJ, as added by the Second Chance matched comparison groups, to determine each of fiscal years 2019 through 2023.’’; and Act of 2007 (Public Law 110–199; 122 Stat. 677), the effectiveness of the program funded with (10) by adding at the end the following: relating to grants to evaluate and improve a grant under subsection (f); and ‘‘(p) DEFINITION.—In this section, the term educational methods at prisons, jails, and ju- ‘‘(C) includes as a goal of the plan to re- ‘reentry court’ means a program that— venile facilities; duce the rate of recidivism for offenders re- ‘‘(1) monitors juvenile and adult eligible (2) by adding at the end the following: leased from prison, jail or a juvenile facility offenders reentering the community; ‘‘PART NN—GRANT PROGRAM TO EVALU- with funds made available under subsection ‘‘(2) provides continual judicial super- ATE AND IMPROVE EDUCATIONAL (f). vision; METHODS AT PRISONS, JAILS, AND JU- ‘‘(2) LOCAL EVALUATOR.—A partnership ‘‘(3) provides juvenile and adult eligible of- VENILE FACILITIES with a local evaluator described in sub- fenders reentering the community with co- ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND section (d)(2) shall require the local eval- ordinated and comprehensive reentry serv- IMPROVE EDUCATIONAL METHODS uator to use the baseline data and target ices and programs, such as— AT PRISONS, JAILS, AND JUVENILE population characteristics developed under a ‘‘(A) drug and alcohol testing and assess- FACILITIES. subsection (e) planning grant to derive a tar- ment for treatment; ‘‘(a) GRANT PROGRAM AUTHORIZED.—The get goal for recidivism reduction during the ‘‘(B) assessment for substance abuse from a Attorney General may carry out a grant pro- 3-year period beginning on the date of imple- substance abuse professional who is approved gram under which the Attorney General may mentation of the program.’’; by the State or Indian tribe and licensed by make grants to States, units of local govern- (5) in subsection (i)(1)— the appropriate entity to provide alcohol and ment, territories, Indian Tribes, and other (A) in the matter preceding subparagraph drug addiction treatment, as appropriate; public and private entities to— (A), by striking ‘‘under this section’’ and in- ‘‘(C) substance abuse treatment, including ‘‘(1) evaluate methods to improve academic serting ‘‘under subsection (f)’’; and medication-assisted treatment, from a pro- and vocational education for offenders in (B) in subparagraph (B), by striking ‘‘sub- vider that is approved by the State or Indian prisons, jails, and juvenile facilities; section (e)(4)’’ and inserting ‘‘subsection tribe, and licensed, if necessary, to provide ‘‘(2) identify, and make recommendations (f)(2)(D)’’; medical and other health services; to the Attorney General regarding, best (6) in subsection (j)— ‘‘(D) health (including mental health) serv- practices relating to academic and voca- (A) in paragraph (1), by inserting ‘‘for an ices and assessment; tional education for offenders in prisons, implementation grant under subsection (f)’’ ‘‘(E) aftercare and case management serv- jails, and juvenile facilities, based on the after ‘‘applicant’’; ices that— evaluation under paragraph (1); (B) in paragraph (2)— ‘‘(i) facilitate access to clinical care and ‘‘(3) improve the academic and vocational (i) in subparagraph (E), by inserting ‘‘, related health services; and education programs (including technology where appropriate’’ after ‘‘support’’; and ‘‘(ii) coordinate with such clinical care and career training) available to offenders in (ii) by striking subparagraphs (F), (G), and related health services; and prisons, jails, and juvenile facilities; and (H), and inserting the following: ‘‘(F) any other services needed for reentry; ‘‘(4) implement methods to improve aca- ‘‘(F) increased number of staff trained to ‘‘(4) convenes community impact panels, demic and vocational education for offenders administer reentry services; victim impact panels, or victim impact edu- in prisons, jails, and juvenile facilities con- ‘‘(G) increased proportion of individuals cational classes; sistent with the best practices identified in served by the program among those eligible ‘‘(5) provides and coordinates the delivery subsection (c). to receive services; of community services to juvenile and adult ‘‘(b) APPLICATION.—To be eligible for a ‘‘(H) increased number of individuals re- eligible offenders, including— grant under this part, a State or other entity ceiving risk screening needs assessment, and ‘‘(A) housing assistance; described in subsection (a) shall submit to case planning services; ‘‘(B) education; the Attorney General an application in such

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form and manner, at such time, and accom- (1) IN GENERAL.—Section 211 of the Second lead to unsubsidized employment such as a panied by such information as the Attorney Chance Act of 2007 (34 U.S.C. 60531) is amend- thorough orientation and individual assess- General specifies. ed— ment, job readiness and life skills training, ‘‘(c) BEST PRACTICES.—Not later than 180 (A) in the header, by striking ‘‘MENTORING case management and supportive services, days after the date of enactment of the Sec- GRANTS TO NONPROFIT ORGANIZATIONS’’ and in- adult education and training, child support- ond Chance Reauthorization Act of 2018, the serting ‘‘COMMUNITY-BASED MENTORING AND related services, job retention support and Attorney General shall identify and publish TRANSITIONAL SERVICE GRANTS TO NONPROFIT incentives, and other similar activities; best practices relating to academic and voca- ORGANIZATIONS’’; ‘‘(E) places participants into unsubsidized tional education for offenders in prisons, (B) in subsection (a), by striking ‘‘men- employment; and jails, and juvenile facilities. The best prac- toring and other’’; ‘‘(F) provides job retention, re-employment tices shall consider the evaluations per- (C) in subsection (b), by striking paragraph services, and continuing and vocational edu- formed and recommendations made under (2) and inserting the following: cation to ensure continuing participation in grants made under subsection (a) before the ‘‘(2) transitional services to assist in the unsubsidized employment and identification date of enactment of the Second Chance Re- reintegration of offenders into the commu- of opportunities for advancement.’’. authorization Act of 2018. nity, including— (2) TABLE OF CONTENTS AMENDMENT.—The ‘‘(d) REPORT.—Not later than 90 days after ‘‘(A) educational, literacy, and vocational, table of contents in section 2 of the Second the last day of the final fiscal year of a grant services and the Transitional Jobs strategy; under this part, each entity described in sub- Chance Act of 2007 (Public Law 110–199; 122 ‘‘(B) substance abuse treatment and serv- section (a) receiving such a grant shall sub- Stat. 657) is amended by striking the item re- ices; mit to the Attorney General a detailed relating to section 4 and inserting the fol- ‘‘(C) coordinated supervision and services port of the progress made by the entity using lowing: such grant, to permit the Attorney General for offenders, including physical health care ‘‘Sec. 4. Definitions.’’. and comprehensive housing and mental to evaluate and improve academic and voca- (h) EXTENSION OF THE LENGTH OF SECTION health care; tional education methods carried out with 2976 GRANTS.—Section 6(1) of the Second ‘‘(D) family services; and grants under this part.’’; and Chance Act of 2007 (34 U.S.C. 60504(1)) is ‘‘(E) validated assessment tools to assess (3) in section 1001(a) of part J of title I of amended by inserting ‘‘or under section 2976 the risk factors of returning inmates; and’’; the Omnibus Crime Control and Safe Streets of the Omnibus Crime Control and Safe and Act of 1968 (34 U.S.C. 10261(a)), by adding at Streets Act of 1968 (34 U.S.C. 10631)’’ after (D) in subsection (f), by striking ‘‘this sec- the end the following: ‘‘and 212’’. ‘‘(28) There are authorized to be appro- tion’’ and all that follows and inserting the following: ‘‘this section $15,000,000 for each of SEC. 503. AUDIT AND ACCOUNTABILITY OF priated to carry out section 3031(a)(4) of part GRANTEES. fiscal years 2019 through 2023.’’. NN $5,000,000 for each of fiscal years 2019, (a) DEFINITIONS.—In this section— (2) TABLE OF CONTENTS AMENDMENT.—The 2020, 2021, 2022, and 2023.’’. (1) the term ‘‘covered grant program’’ table of contents in section 2 of the Second (d) CAREERS TRAINING DEMONSTRATION means grants awarded under section 115, 201, Chance Act of 2007 (Public Law 110–199; 122 GRANTS.—Section 115 of the Second Chance or 211 of the Second Chance Act of 2007 (34 Stat. 657) is amended by striking the item re- Act of 2007 (34 U.S.C. 60511) is amended— U.S.C. 60511, 60521, and 60531), as amended by lating to section 211 and inserting the fol- (1) in the heading, by striking ‘‘TECH- this title; lowing: NOLOGY CAREERS’’ and inserting ‘‘CAREERS’’; (2) the term ‘‘covered grantee’’ means a re- (2) in subsection (a)— ‘‘Sec. 211. Community-based mentoring and cipient of a grant from a covered grant pro- (A) by striking ‘‘and Indian’’ and inserting transitional service grants.’’. gram; ‘‘nonprofit organizations, and Indian’’; and (g) DEFINITIONS.— (3) the term ‘‘nonprofit’’, when used with (B) by striking ‘‘technology career training (1) IN GENERAL.—Section 4 of the Second respect to an organization, means an organi- to prisoners’’ and inserting ‘‘career training, Chance Act of 2007 (34 U.S.C. 60502) is amend- zation that is described in section 501(c)(3) of including subsidized employment, when part ed to read as follows: the Internal Revenue Code of 1986, and is ex- of a training program, to prisoners and reen- ‘‘SEC. 4. DEFINITIONS. empt from taxation under section 501(a) of tering youth and adults’’; ‘‘In this Act— such Code; and (3) in subsection (b)— ‘‘(1) the term ‘exoneree’ means an indi- (4) the term ‘‘unresolved audit finding’’ (A) by striking ‘‘technology careers train- vidual who— means an audit report finding in a final ing’’; ‘‘(A) has been convicted of a Federal, trib- audit report of the Inspector General of the (B) by striking ‘‘technology-based’’; and al, or State offense that is punishable by a Department of Justice that a covered grant- (C) by inserting ‘‘, as well as upon transi- term of imprisonment of more than 1 year; ee has used grant funds awarded to that tion and reentry into the community’’ after ‘‘(B) has served a term of imprisonment for grantee under a covered grant program for ‘‘facility’’; not less than 6 months in a Federal, tribal, an unauthorized expenditure or otherwise (4) by striking subsection (e); or State prison or correctional facility as a unallowable cost that is not closed or re- (5) by redesignating subsections (c) and (d) result of the conviction described in subpara- solved during a 12-month period prior to the as subsections (d) and (e), respectively; graph (A); and date on which the final audit report is (6) by inserting after subsection (b) the fol- ‘‘(C) has been determined to be factually issued. lowing: innocent of the offense described in subpara- (b) AUDIT REQUIREMENT.—Beginning in fis- ‘‘(c) PRIORITY CONSIDERATION.—Priority graph (A); cal year 2019, and annually thereafter, the consideration shall be given to any applica- ‘‘(2) the term ‘Indian tribe’ has the mean- tion under this section that— Inspector General of the Department of Jus- ing given in section 901 of title I of the Omni- ‘‘(1) provides assessment of local demand tice shall conduct audits of covered grantees bus Crime Control and Safe Streets Act of for employees in the geographic areas to to prevent waste, fraud, and abuse of funds 1968 (34 U.S.C. 10251); which offenders are likely to return; awarded under covered grant programs. The ‘‘(3) the term ‘offender’ includes an ‘‘(2) conducts individualized reentry career Inspector General shall determine the appro- exoneree; and planning upon the start of incarceration or priate number of covered grantees to be au- ‘‘(4) the term ‘Transitional Jobs strategy’ post-release employment planning for each dited each year. means an employment strategy for youth (c) MANDATORY EXCLUSION.—A grantee that offender served under the grant; and adults who are chronically unemployed is found to have an unresolved audit finding ‘‘(3) demonstrates connections to employ- or those that have barriers to employment under an audit conducted under subsection ers within the local community; or that— (b) may not receive grant funds under a cov- ‘‘(4) tracks and monitors employment out- ‘‘(A) is conducted by State, tribal, and ered grant program in the fiscal year fol- comes.’’; and local governments, State, tribal, and local lowing the fiscal year to which the finding (7) by adding at the end the following: workforce boards, and nonprofit organiza- relates. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to tions; (d) REIMBURSEMENT.—If a covered grantee carry out this section $10,000,000 for each of ‘‘(B) provides time-limited employment is awarded funds under the covered grant fiscal years 2019, 2020, 2021, 2022, and 2023.’’. using individual placements, team place- program from which it received a grant (e) OFFENDER REENTRY SUBSTANCE ABUSE ments, and social enterprise placements, award during the 1-fiscal-year period during AND CRIMINAL JUSTICE COLLABORATION PRO- without displacing existing employees; which the covered grantee is ineligible for an GRAM.—Section 201(f)(1) of the Second ‘‘(C) pays wages in accordance with appli- allocation of grant funds under subsection Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is cable law, but in no event less than the high- (c), the Attorney General shall— amended to read as follows: er of the rate specified in section 6(a)(1) of (1) deposit into the General Fund of the ‘‘(1) IN GENERAL.—There are authorized to the Fair Labor Standards Act of 1938 (29 Treasury an amount that is equal to the be appropriated to carry out this section U.S.C. 206(a)(1)) or the applicable State or amount of the grant funds that were improp- $15,000,000 for each of fiscal years 2019 local minimum wage law, which are sub- erly awarded to the covered grantee; and through 2023.’’. sidized, in whole or in part, by public funds; (2) seek to recoup the costs of the repay- (f) COMMUNITY-BASED MENTORING AND ‘‘(D) combines time-limited employment ment to the Fund from the covered grantee TRANSITIONAL SERVICE GRANTS TO NONPROFIT with activities that promote skill develop- that was improperly awarded the grant ORGANIZATIONS.— ment, remove barriers to employment, and funds.

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(e) PRIORITY OF GRANT AWARDS.—The At- ‘‘$5,000,000 for each of the fiscal years 2019, Secretaries listed in subsection (a), shall torney General, in awarding grants under a 2020, 2021, 2022, and 2023’’. submit to Congress a report summarizing the covered grant program shall give priority to (f) FEDERAL PRISONER RECIDIVISM REDUC- achievements under subsection (a), and ineligible entities that during the 2-year pe- TION PROGRAMMING ENHANCEMENT.— cluding recommendations for Congress that riod preceding the application for a grant (1) IN GENERAL.—Section 3621 of title 18, would further reduce barriers to successful have not been found to have an unresolved United States Code, as amended by section reentry. audit finding. 102(a) of this Act, is amended— SEC. 506. CONFERENCE EXPENDITURES. (f) NONPROFIT REQUIREMENTS.— (A) by redesignating subsection (g) as sub- (a) LIMITATION.—No amounts authorized to (1) PROHIBITION.—A nonprofit organization section (i); and be appropriated to the Department of Justice that holds money in offshore accounts for (B) by inserting after subsection (f) the fol- under this title, or any amendments made by the purpose of avoiding the tax described in lowing: this title, may be used by the Attorney Gen- section 511(a) of the Internal Revenue Code ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO eral, or by any individual or organization of 1986, shall not be eligible to receive, di- REENTRY PROGRAMS PROVEN TO REDUCE RE- awarded discretionary funds under this title, rectly or indirectly, any funds from a cov- CIDIVISM.— or any amendments made by this title, to ered grant program. ‘‘(1) DEFINITION.—The term ‘demonstrated host or support any expenditure for con- (2) DISCLOSURE.—Each nonprofit organiza- to reduce recidivism’ means that the Direc- ferences that uses more than $20,000 in De- tion that is a covered grantee shall disclose tor of Bureau of Prisons has determined that partment funds, unless the Deputy Attorney in its application for such a grant, as a con- appropriate research has been conducted and General or such Assistant Attorney Gen- dition of receipt of such a grant, the com- has validated the effectiveness of the type of erals, Directors, or principal deputies as the pensation of its officers, directors, and trust- program on recidivism. Deputy Attorney General may designate, ees. Such disclosure shall include a descrip- ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION provides prior written authorization that the tion of the criteria relied on to determine PARTNERSHIP.—A faith-based or community- funds may be expended to host a conference. such compensation. based nonprofit organization that provides A conference that uses more than $20,000 in (g) PROHIBITION ON LOBBYING ACTIVITY.— mentoring or other programs that have been such funds, but less than an average of $500 (1) IN GENERAL.—Amounts made available demonstrated to reduce recidivism is eligible in such funds for each attendee of the con- under a covered grant program may not be to enter into a recidivism reduction partner- ference, shall not be subject to the limita- used by any covered grantee to— ship with a prison or community-based facil- tions of this section. (A) lobby any representative of the Depart- ity operated by the Bureau of Prisons. (b) WRITTEN APPROVAL.—Written approval under subsection (a) shall include a written ment of Justice regarding the award of grant ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— estimate of all costs associated with the con- funding; or The Director of the Bureau of Prisons shall ference, including the cost of all food and (B) lobby any representative of the Federal develop policies to require wardens of pris- beverages, audiovisual equipment, honoraria Government or a State, local, or tribal gov- ons and community-based facilities to enter for speakers, and any entertainment. ernment regarding the award of grant fund- into recidivism reduction partnerships with (c) REPORT.—The Deputy Attorney General ing. faith-based and community-based nonprofit shall submit an annual report to the Com- (2) PENALTY.—If the Attorney General de- organizations that are willing to provide, on mittee on the Judiciary of the Senate and termines that a covered grantee has violated a volunteer basis, programs described in the Committee on the Judiciary of the House paragraph (1), the Attorney General shall— paragraph (2). of Representatives on all approved con- (A) require the covered grantee to repay ‘‘(4) REPORTING REQUIREMENT.—The Direc- ference expenditures referenced in this sec- the grant in full; and tor of the Bureau of Prisons shall submit to tion. (B) prohibit the covered grantee from re- Congress an annual report on the last day of SEC. 507. EVALUATION OF THE SECOND CHANCE ceiving a grant under the covered grant pro- each fiscal year that— ACT PROGRAM. gram from which it received a grant award ‘‘(A) details, for each prison and commu- (a) EVALUATION OF THE SECOND CHANCE ACT during at least the 5-year period beginning nity-based facility for the fiscal year just GRANT PROGRAM.—Not later than 5 years on the date of such violation. ended— after the date of enactment of this Act, the SEC. 504. FEDERAL REENTRY IMPROVEMENTS. ‘‘(i) the number of recidivism reduction National Institute of Justice shall evaluate (a) RESPONSIBLE REINTEGRATION OF OF- partnerships under this section that were in the effectiveness of grants used by the De- FENDERS.—Section 212 of the Second Chance effect; partment of Justice to support offender re- Act of 2007 (34 U.S.C. 60532) is repealed. ‘‘(ii) the number of volunteers that pro- entry and recidivism reduction programs at (b) FEDERAL PRISONER REENTRY INITIA- vided recidivism reduction programming; the State, local, Tribal, and Federal levels. TIVE.—Section 231 of the Second Chance Act and The National Institute of Justice shall of 2007 (434 U.S.C. 60541) is amended— ‘‘(iii) the number of recidivism reduction evaluate the following: (1) in subsection (g)— programming hours provided; and (1) The effectiveness of such programs in (A) in paragraph (3), by striking ‘‘carried ‘‘(B) explains any disparities between fa- relation to their cost, including the extent out during fiscal years 2009 and 2010’’ and in- cilities in the numbers reported under sub- to which the programs improve reentry out- serting ‘‘carried out during fiscal years 2019 paragraph (A).’’. comes, including employment, education, through 2023’’; and (2) EFFECTIVE DATE.—The amendments housing, reductions in recidivism, of partici- (B) in paragraph (5)(A)(ii), by striking ‘‘the made by paragraph (1) shall take effect 180 pants in comparison to comparably situated greater of 10 years or’’; days after the date of enactment of this Act. individuals who did not participate in such (2) by striking subsection (h); (g) REPEALS.— programs and activities. (3) by redesignating subsection (i) as sub- (1) Section 2978 of title I of the Omnibus (2) The effectiveness of program structures section (h); and Crime Control and Safe Streets Act of 1968 and mechanisms for delivery of services. (4) in subsection (h), as so redesignated, by (34 U.S.C. 10633) is repealed. (3) The impact of such programs on the striking ‘‘2009 and 2010’’ and inserting ‘‘2019 (2) Part CC of title I of the Omnibus Crime communities and participants involved. through 2023’’. Control and Safe Streets Act of 1968 (34 (4) The impact of such programs on related (c) ENHANCING REPORTING REQUIREMENTS U.S.C. 10581 et seq.) is repealed. programs and activities. PERTAINING TO COMMUNITY CORRECTIONS.— SEC. 505. FEDERAL INTERAGENCY REENTRY CO- (5) The extent to which such programs Section 3624(c) of title 18, United States ORDINATION. meet the needs of various demographic Code, is amended— (a) REENTRY COORDINATION.—The Attorney groups. (1) in paragraph (5), in the second sentence, General, in consultation with the Secretary (6) The quality and effectiveness of tech- by inserting ‘‘, and number of prisoners not of Housing and Urban Development, the Sec- nical assistance provided by the Department being placed in community corrections fa- retary of Labor, the Secretary of Education, of Justice to grantees for implementing such cilities for each reason set forth’’ before ‘‘, the Secretary of Health and Human Services, programs. and any other information’’; and the Secretary of Veterans Affairs, the Sec- (7) Such other factors as may be appro- (2) in paragraph (6), by striking ‘‘the Sec- retary of Agriculture, and the heads of such priate. ond Chance Act of 2007’’ and inserting ‘‘the other agencies of the Federal Government as (b) AUTHORIZATION OF FUNDS FOR EVALUA- Second Chance Reauthorization Act of 2018’’. the Attorney General considers appropriate, TION.—Not more than 1 percent of any (d) TERMINATION OF STUDY ON EFFECTIVE- and in collaboration with interested persons, amounts authorized to be appropriated to NESS OF DEPOT NALTREXONE FOR HEROIN AD- service providers, nonprofit organizations, carry out the Second Chance Act grant pro- DICTION.—Section 244 of the Second Chance and State, tribal, and local governments, gram shall be made available to the National Act of 2007 (34 U.S.C. 60554) is repealed. shall coordinate on Federal programs, poli- Institute of Justice each year to evaluate (e) AUTHORIZATION OF APPROPRIATIONS FOR cies, and activities relating to the reentry of the processes, implementation, outcomes, RESEARCH.—Section 245 of the Second individuals returning from incarceration to costs, and effectiveness of the Second Chance Chance Act of 2007 (34 U.S.C. 60555) is amend- the community, with an emphasis on evi- Act grant program in improving reentry and ed— dence-based practices and protection against reducing recidivism. Such funding may be (1) by striking ‘‘243, and 244’’ and inserting duplication of services. used to provide support to grantees for sup- ‘‘and 243’’; and (b) REPORT.—Not later than 2 years after plemental data collection, analysis, and co- (2) by striking ‘‘$10,000,000 for each of the the date of the enactment of this Act, the ordination associated with evaluation activi- fiscal years 2009 and 2010’’ and inserting Attorney General, in consultation with the ties.

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(c) TECHNIQUES.—Evaluations conducted cluding those for which prisoners may earn (A) by inserting ‘‘or eligible terminally ill under this section shall use appropriate time credits under the First Step Act of 2018; offender’’ after ‘‘each eligible elderly of- methodology and research designs. Impact and fender’’; and evaluations conducted under this section (3) an evaluation of the effectiveness of (B) by inserting ‘‘and eligible terminally shall include the use of intervention and con- mental health services, drug treatment, ill offenders’’ after ‘‘eligible elderly offend- trol groups chosen by random assignment medical care, job training and placement, ers’’; and methods, to the extent possible. educational services, and vocational services (5) in paragraph (5)— (d) METRICS AND OUTCOMES FOR EVALUA- programs funded under this title and amend- (A) in subparagraph (A)— TION.— ments made by this title. (i) in clause (i), striking ‘‘65 years of age’’ (1) IN GENERAL.—Not later than 180 days TITLE VI—MISCELLANEOUS CRIMINAL and inserting ‘‘60 years of age’’; and after the date of enactment of this Act, the JUSTICE (ii) in clause (ii), as amended by section National Institute of Justice shall consult 504(b)(1)(B) of this Act, by striking ‘‘75 per- SEC. 601. PLACEMENT OF PRISONERS CLOSE TO with relevant stakeholders and identify out- 2 FAMILIES. cent’’ and inserting ‘‘ ⁄3’’; and come measures, including employment, (B) by adding at the end the following: housing, education, and public safety, that Section 3621(b) of title 18, United States Code, is amended— ‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.— are to be achieved by programs authorized The term ‘eligible terminally ill offender’ under the Second Chance Act grant program (1) by striking ‘‘shall designate the place of the prisoner’s imprisonment.’’ and inserting means an offender in the custody of the Bu- and the metrics by which the achievement of reau of Prisons who— such outcomes shall be determined. ‘‘shall designate the place of the prisoner’s imprisonment, and shall, subject to bed ‘‘(i) is serving a term of imprisonment (2) PUBLICATION.—Not later than 30 days based on conviction for an offense or offenses after the date on which the National Insti- availability, the prisoner’s security designation, the prisoner’s programmatic needs, the that do not include any crime of violence (as tute of Justice identifies metrics and out- defined in section 16(a) of title 18, United comes under paragraph (1), the Attorney prisoner’s mental and medical health needs, any request made by the prisoner related to States Code), sex offense (as defined in sec- General shall publish such metrics and out- tion 111(5) of the Sex Offender Registration comes identified. faith-based needs, recommendations of the sentencing court, and other security con- and Notification Act (34 U.S.C. 20911(5))), of- (e) DATA COLLECTION.—As a condition of fense described in section 2332b(g)(5)(B) of award under the Second Chance Act grant cerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable title 18, United States Code, or offense under program (including a subaward under section chapter 37 of title 18, United States Code; 3021(b) of title I of the Omnibus Crime Con- to the prisoner’s primary residence, and to the extent practicable, in a facility within ‘‘(ii) satisfies the criteria specified in trol and Safe Streets Act of 1968 (34 U.S.C. clauses (iii) through (vii) of subparagraph 10701(b))), grantees shall be required to col- 500 driving miles of that residence. The Bu- reau shall, subject to consideration of the (A); and lect and report to the Department of Justice ‘‘(iii) has been determined by a medical data based upon the metrics identified under factors described in the preceding sentence and the prisoner’s preference for staying at doctor approved by the Bureau of Prisons to subsection (d). In accordance with applicable be— law, collection of individual-level data under his or her current facility or being transferred, transfer prisoners to facilities that ‘‘(I) in need of care at a nursing home, in- a pledge of confidentiality shall be protected termediate care facility, or assisted living by the National Institute of Justice in ac- are closer to the prisoner’s primary residence even if the prisoner is already in a fa- facility, as those terms are defined in section cordance with such pledge. 232 of the National Housing Act (12 U.S.C. (f) DATA ACCESSIBILITY.—Not later than 5 cility within 500 driving miles of that resi- 1715w); or years after the date of enactment of this dence.’’; and Act, the National Institute of Justice shall— (2) by adding at the end the following: ‘‘(II) diagnosed with a terminal illness.’’. (1) make data collected during the course ‘‘Notwithstanding any other provision of (b) INCREASING THE USE AND TRANSPARENCY of evaluation under this section available in law, a designation of a place of imprison- OF COMPASSIONATE RELEASE.—Section 3582 of de-identified form in such a manner that rea- ment under this subsection is not reviewable title 18, United States Code, is amended— sonably protects a pledge of confidentiality by any court.’’. (1) in subsection (c)(1)(A), in the matter to participants under subsection (e); and SEC. 602. HOME CONFINEMENT FOR LOW-RISK preceding clause (i), by inserting after ‘‘Bu- (2) make identifiable data collected during PRISONERS. reau of Prisons,’’ the following: ‘‘or upon mo- the course of evaluation under this section Section 3624(c)(2) of title 18, United States tion of the defendant after the defendant has available to qualified researchers for future Code, is amended by adding at the end the fully exhausted all administrative rights to research and evaluation, in accordance with following: ‘‘The Bureau of Prisons shall, to appeal a failure of the Bureau of Prisons to applicable law. the extent practicable, place prisoners with bring a motion on the defendant’s behalf or (g) PUBLICATION AND REPORTING OF EVAL- lower risk levels and lower needs on home the lapse of 30 days from the receipt of such UATION FINDINGS.—The National Institute of confinement for the maximum amount of a request by the warden of the defendant’s Justice shall— time permitted under this paragraph.’’. facility, whichever is earlier,’’; (2) by redesignating subsection (d) as sub- (1) not later than 365 days after the date on SEC. 603. FEDERAL PRISONER REENTRY INITIA- which the enrollment of participants in an TIVE REAUTHORIZATION; MODIFICA- section (e); and impact evaluation is completed, publish an TION OF IMPOSED TERM OF IMPRIS- (3) by inserting after subsection (c) the fol- interim report on such evaluation; ONMENT. lowing: (2) not later than 90 days after the date on (a) FEDERAL PRISONER REENTRY INITIATIVE ‘‘(d) NOTIFICATION REQUIREMENTS.— which any evaluation is completed, publish REAUTHORIZATION.—Section 231(g) of the Sec- ‘‘(1) TERMINAL ILLNESS DEFINED.—In this and make publicly available such evaluation; ond Chance Act of 2007 (34 U.S.C. 60541(g)) is subsection, the term ‘terminal illness’ means and amended— a disease or condition with an end-of-life tra- (3) not later than 60 days after the comple- (1) in paragraph (1)— jectory. tion date described in paragraph (2), submit (A) by inserting ‘‘and eligible terminally ‘‘(2) NOTIFICATION.—The Bureau of Prisons a report to the Committee on the Judiciary ill offenders’’ after ‘‘elderly offenders’’ each shall, subject to any applicable confiden- of the House of Representatives and the place the term appears; tiality requirements— Committee on the Judiciary of the Senate on (B) in subparagraph (A), by striking ‘‘a Bu- ‘‘(A) in the case of a defendant diagnosed such evaluation. reau of Prisons facility’’ and inserting ‘‘Bu- with a terminal illness— (h) SECOND CHANCE ACT GRANT PROGRAM reau of Prisons facilities’’; ‘‘(i) not later than 72 hours after the diag- DEFINED.—In this section, the term ‘‘Second (C) in subparagraph (B)— nosis notify the defendant’s attorney, part- Chance Act grant program’’ means any grant (i) by striking ‘‘the Bureau of Prisons facil- ner, and family members of the defendant’s program reauthorized under this title and ity’’ and inserting ‘‘Bureau of Prisons facili- condition and inform the defendant’s attor- the amendments made by this title. ties’’; and ney, partner, and family members that they SEC. 508. GAO REVIEW. (ii) by inserting ‘‘, upon written request may prepare and submit on the defendant’s Not later than 3 years after the date of en- from either the Bureau of Prisons or an eligi- behalf a request for a sentence reduction actment of the First Step Act of 2018 the ble elderly offender or eligible terminally ill pursuant to subsection (c)(1)(A); Comptroller General of the United States offender’’ after ‘‘to home detention’’; and ‘‘(ii) not later than 7 days after the date of shall conduct a review of all of the grant (D) in subparagraph (C), by striking ‘‘the the diagnosis, provide the defendant’s part- awards made under this title and amend- Bureau of Prisons facility’’ and inserting ner and family members (including extended ments made by this title that includes— ‘‘Bureau of Prisons facilities’’; family) with an opportunity to visit the de- (1) an evaluation of the effectiveness of the (2) in paragraph (2), by inserting ‘‘or eligi- fendant in person; reentry programs funded by grant awards ble terminally ill offender’’ after ‘‘elderly of- ‘‘(iii) upon request from the defendant or under this title and amendments made by fender’’; his attorney, partner, or a family member, this title at reducing recidivism, including a (3) in paragraph (3), as amended by section ensure that Bureau of Prisons employees as- determination of which reentry programs 504(b)(1)(A) of this Act, by striking ‘‘at least sist the defendant in the preparation, draft- were most effective; one Bureau of Prisons facility’’ and inserting ing, and submission of a request for a sen- (2) recommendations on how to improve ‘‘Bureau of Prisons facilities’’; and tence reduction pursuant to subsection the effectiveness of reentry programs, in- (4) in paragraph (4)— (c)(1)(A); and

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7685 ‘‘(iv) not later than 14 days of receipt of a ing and, for each, the amount of time that ed by inserting after section 4129 the fol- request for a sentence reduction submitted had elapsed between the date the request was lowing: on the defendant’s behalf by the defendant or received by the Bureau of Prisons, cat- ‘‘§ 4130. Additional markets the defendant’s attorney, partner, or family egorized by the criteria relied on as the ‘‘(a) IN GENERAL.—Except as provided in member, process the request; grounds for a reduction in sentence; subsection (b), notwithstanding any other ‘‘(B) in the case of a defendant who is phys- ‘‘(I) the number of Bureau of Prisons noti- provision of law, Federal Prison Industries ically or mentally unable to submit a re- fications to attorneys, partners, and family may sell products to— quest for a sentence reduction pursuant to members of their right to visit a terminally ‘‘(1) public entities for use in penal or cor- subsection (c)(1)(A)— ill defendant as required under paragraph rectional institutions; ‘‘(i) inform the defendant’s attorney, part- (2)(A)(ii) and, for each, whether a visit oc- ‘‘(2) public entities for use in disaster relief ner, and family members that they may pre- curred and how much time elapsed between or emergency response; pare and submit on the defendant’s behalf a the notification and the visit; ‘‘(3) the government of the District of Co- request for a sentence reduction pursuant to ‘‘(J) the number of visits to terminally ill lumbia; and subsection (c)(1)(A); prisoners that were denied by the Bureau of ‘‘(4) any organization described in sub- ‘‘(ii) accept and process a request for sen- Prisons due to security or other concerns, section (c)(3), (c)(4), or (d) of section 501 of tence reduction that has been prepared and and the reasons given for each denial; and the Internal Revenue Code of 1986 that is ex- submitted on the defendant’s behalf by the ‘‘(K) the number of motions filed by de- empt from taxation under section 501(a) of defendant’s attorney, partner, or family fendants with the court after all administra- such Code. member under clause (i); and tive rights to appeal a denial of a sentence ‘‘(b) OFFICE FURNITURE.—Federal Prison ‘‘(iii) upon request from the defendant or reduction had been exhausted, the outcome Industries may not sell office furniture to his attorney, partner, or family member, en- of each motion, and the time that had the organizations described in subsection sure that Bureau of Prisons employees assist elapsed between the date the request was (a)(4). the defendant in the preparation, drafting, first received by the Bureau of Prisons and ‘‘(c) DEFINITIONS.—In this section: and submission of a request for a sentence the date the defendant filed the motion with ‘‘(1) The term ‘office furniture’ means any reduction pursuant to subsection (c)(1)(A); the court.’’. product or service offering intended to meet and SEC. 604. IDENTIFICATION FOR RETURNING CITI- the furnishing needs of the workplace, in- ‘‘(C) ensure that all Bureau of Prisons fa- ZENS. cluding office, healthcare, educational, and cilities regularly and visibly post, including (a) IDENTIFICATION AND RELEASE ASSIST- hospitality environments. in prisoner handbooks, staff training mate- ANCE FOR FEDERAL PRISONERS.—Section ‘‘(2) The term ‘public entity’ means a rials, and facility law libraries and medical 231(b) of the Second Chance Act of 2007 (34 State, a subdivision of a State, an Indian and hospice facilities, and make available to U.S.C. 60541(b)) is amended— tribe, and an agency or governmental cor- prisoners upon demand, notice of— (1) in paragraph (1)— poration or business of any of the foregoing. ‘‘(i) a defendant’s ability to request a sen- (A) by striking ‘‘(including’’ and inserting ‘‘(3) The term ‘State’ means a State, the tence reduction pursuant to subsection ‘‘prior to release from a term of imprison- District of Columbia, the Commonwealth of (c)(1)(A); ment in a Federal prison or if the individual Puerto Rico, Guam, American Samoa, the ‘‘(ii) the procedures and timelines for initi- was not sentenced to a term of imprisonment Northern Mariana Islands, and the United ating and resolving requests described in in a Federal prison, prior to release from a States Virgin Islands.’’. clause (i); and sentence to a term in community confine- (b) TECHNICAL AMENDMENT.—The table of ‘‘(iii) the right to appeal a denial of a rement, including’’; and sections for chapter 307 of title 18, United quest described in clause (i) after all admin- (B) by striking ‘‘or birth certificate) prior States Code, is amended by inserting after istrative rights to appeal within the Bureau to release’’ and inserting ‘‘and a birth cer- the item relating to section 4129 the fol- of Prisons have been exhausted. tificate’’; and lowing: ‘‘(3) ANNUAL REPORT.—Not later than 1 (2) by adding at the end the following: ‘‘4130. Additional markets.’’. year after the date of enactment of this sub- ‘‘(4) DEFINITION.—In this subsection, the section, and once every year thereafter, the term ‘community confinement’ means resi- (c) DEFERRED COMPENSATION.—Section Director of the Bureau of Prisons shall sub- dence in a community treatment center, 4126(c)(4) of title 18, United States Code, is mit to the Committee on the Judiciary of halfway house, restitution center, mental amended by inserting after ‘‘operations,’’ the the Senate and the Committee on the Judici- health facility, alcohol or drug rehabilita- following: ‘‘not less than 15 percent of such ary of the House of Representatives a report tion center, or other community facility.’’. compensation for any inmate shall be re- on requests for sentence reductions pursuant (b) DUTIES OF THE BUREAU OF PRISONS.— served in the fund or a separate account and to subsection (c)(1)(A), which shall include a Section 4042(a) of title 18, United States made available to assist the inmate with description of, for the previous year— Code, is amended— costs associated with release from prison,’’. ‘‘(A) the number of prisoners granted and (1) by redesignating paragraphs (D) and (E) (d) GAO REPORT.—Beginning not later than denied sentence reductions, categorized by as paragraphs (6) and (7), respectively; 90 days after the date of enactment of this the criteria relied on as the grounds for a re- (2) in paragraph (6) (as so redesignated)— Act, the Comptroller General of the United duction in sentence; (A) in clause (i)— States shall conduct an audit of Federal ‘‘(B) the number of requests initiated by or (i) by striking ‘‘Social Security Cards,’’; Prison Industries that includes the fol- on behalf of prisoners, categorized by the cri- and lowing: teria relied on as the grounds for a reduction (ii) by striking ‘‘and’’ at the end; (1) An evaluation of Federal Prison in sentence; (B) by redesignating clause (ii) as clause Industries’s effectiveness in reducing recidi- ‘‘(C) the number of requests that Bureau of (iii); vism compared to other rehabilitative pro- Prisons employees assisted prisoners in (C) by inserting after clause (i) the fol- grams in the prison system. drafting, preparing, or submitting, cat- lowing: (2) An evaluation of the scope and size of egorized by the criteria relied on as the ‘‘(ii) obtain identification, including a so- the additional markets made available to grounds for a reduction in sentence, and the cial security card, driver’s license or other Federal Prison Industries under this section final decision made in each request; official photo identification, and a birth cer- and the total market value that would be ‘‘(D) the number of requests that attor- tificate; and’’; opened up to Federal Prison Industries for neys, partners, or family members submitted (D) in clause (iii) (as so redesignated), by competition with private sector providers of on a defendant’s behalf, categorized by the inserting after ‘‘prior to release’’ the fol- products and services. criteria relied on as the grounds for a reduc- lowing: ‘‘from a sentence to a term of impris- (3) An evaluation of whether the following tion in sentence, and the final decision made onment in a Federal prison or if the indi- factors create an unfair competitive environ- in each request; vidual was not sentenced to a term of impris- ment between Federal Prison Industries and ‘‘(E) the number of requests approved by onment in a Federal prison, prior to release private sector providers of products and serv- the Director of the Bureau of Prisons, cat- from a sentence to a term of community con- ices which would be exacerbated by further egorized by the criteria relied on as the finement’’; and expansion: grounds for a reduction in sentence; (E) by redesignating clauses (i), (ii), and (A) Federal Prison Industries’s status as a ‘‘(F) the number of requests denied by the (iii) (as so amended) as subparagraphs (A), mandatory source of supply for Federal Director of the Bureau of Prisons and the (B), and (C), respectively, and adjusting the agencies and the requirement that the buy- reasons given for each denial, categorized by margins accordingly; and ing agency must obtain a waiver in order to the criteria relied on as the grounds for a re- (3) in paragraph (7) (as so redesignated), by make a competitive purchase from the pri- duction in sentence; redesignating clauses (i) through (vii) as sub- vate sector if the item to be acquired is list- ‘‘(G) for each request, the time elapsed be- paragraphs (A) through (G), respectively, and ed on the schedule of products and services tween the date the request was received by adjusting the margins accordingly. published by Federal Prison Industries. the warden and the final decision, cat- SEC. 605. EXPANDING INMATE EMPLOYMENT (B) Federal Prison Industries’s ability to egorized by the criteria relied on as the THROUGH FEDERAL PRISON INDUS- determine that the price to be paid by Fed- grounds for a reduction in sentence; TRIES. eral Agencies is fair and reasonable, rather ‘‘(H) for each request, the number of pris- (a) NEW MARKET AUTHORIZATIONS.—Chapter than such a determination being made by oners who died while their request was pend- 307 of title 18, United States Code, is amend- the buying agency.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7686 CONGRESSIONAL RECORD — SENATE December 17, 2018 (C) An examination of the extent to which for heroin and opioid abuse for prisoners, in- States Code, as added by section 101(a) of Federal Prison Industries is bound by the re- cluding access to medication-assisted treat- this Act) who are veterans of the Armed quirements of the generally applicable Fed- ment in appropriate cases. Following sub- Forces of the United States. eral Acquisition Regulation pertaining to mission, the Director shall take steps to im- (2) The number of prisoners who have been the conformity of the delivered product with plement these plans. placed in solitary confinement at any time the specified design and performance speci- (b) REPORT ON THE AVAILABILITY OF MEDI- during the previous year. fications and adherence to the delivery CATION-ASSISTED TREATMENT FOR OPIOID AND (3) The number of female prisoners known schedule required by the Federal agency, HEROIN ABUSE, AND IMPLEMENTATION THERE- by the Bureau of Prisons to be pregnant, as based on the transactions being categorized OF.—Not later than 120 days after the date of well as the outcomes of such pregnancies, in- as interagency transfers. enactment of this Act, the Director of the cluding information on pregnancies that re- (D) An examination of the extent to which Administrative Office of the United States sult in live birth, stillbirth, miscarriage, Federal Prison Industries avoids trans- Courts shall submit to the Committees on abortion, ectopic pregnancy, maternal death, actions that are little more than pass the Judiciary and the Committees on Appro- neonatal death, and preterm birth. through transactions where the work propriations of the Senate and of the House of (4) The number of prisoners who volun- vided by inmates does not create meaningful Representatives a report assessing the avail- teered to participate in a substance abuse value or meaningful work opportunities for ability of and capacity for the provision of treatment program, and the number of pris- inmates. medication-assisted treatment for opioid and oners who have participated in such a pro- (E) The extent to which Federal Prison In- heroin abuse by treatment service providers gram. serving prisoners who are serving a term of dustries must comply with the same worker (5) The number of prisoners provided medi- supervised release, and including a descrip- protection, workplace safety and similar reg- cation-assisted treatment with medication tion of plans to expand access to medication- ulations applicable to, and enforceable approved by the Food and Drug Administra- against, Federal contractors. assisted treatment for heroin and opioid tion while in custody in order to treat sub- (F) The wages Federal Prison Industries abuse whenever appropriate among prisoners stance use disorder. pays to inmates, taking into account inmate under supervised release. Following submis- (6) The number of prisoners who were re- productivity and other factors such as secu- sion, the Director will take steps to imple- ceiving medication-assisted treatment with rity concerns associated with having a facil- ment these plans. medication approved by the Food and Drug ity in a prison. SEC. 608. PILOT PROGRAMS. Administration prior to the commencement (G) The effect of any additional cost advan- (a) IN GENERAL.—The Bureau of Prisons of their term of imprisonment. tages Federal Prison Industries has over pri- shall establish each of the following pilot (7) The number of prisoners who are the vate sector providers of goods and services, programs for 5 years, in at least 20 facilities: parent or guardian of a minor child. including— (1) MENTORSHIP FOR YOUTH.—A program to (8) The number of prisoners who are single, (i) the costs absorbed by the Bureau of pair youth with volunteers from faith-based married, or otherwise in a committed rela- Prisons such as inmate medical care and in- or community organizations, which may in- tionship. frastructure expenses including real estate clude formerly incarcerated offenders, that (9) The number of prisoners who have not and utilities; and have relevant experience or expertise in achieved a GED, high school diploma, or (ii) its exemption from Federal and State mentoring, and a willingness to serve as a equivalent prior to entering prison. income taxes and property taxes. mentor in such a capacity. (10) The number of prisoners who, during (4) An evaluation of the extent to which (2) SERVICE TO ABANDONED, RESCUED, OR the previous year, received their GED or the customers of Federal Prison Industries OTHERWISE VULNERABLE ANIMALS.—A pro- other equivalent certificate while incarcer- are satisfied with quality, price, and timely gram to equip prisoners with the skills to ated. delivery of the products and services pro- provide training and therapy to animals (11) The numbers of prisoners for whom vided it provides, including summaries of seized by Federal law enforcement under English is a second language. other independent assessments such as re- asset forfeiture authority and to organiza- ports of agency inspectors general, if appli- tions that provide shelter and similar serv- (12) The number of incidents, during the cable. ices to abandoned, rescued, or otherwise vul- previous year, in which restraints were used on a female prisoner during pregnancy, SEC. 606. DE-ESCALATION TRAINING. nerable animals. labor, or postpartum recovery, as well as in- Beginning not later than 1 year after the (b) REPORTING REQUIREMENT.—Not later date of enactment of this Act, the Director than 1 year after the conclusion of the pilot formation relating to the type of restraints of the Bureau of Prisons shall incorporate programs, the Attorney General shall report used, and the circumstances under which into training programs provided to officers to Congress on the results of the pilot pro- each incident occurred. and employees of the Bureau of Prisons (in- grams under this section. Such report shall (13) The vacancy rate for medical and cluding officers and employees of an organi- include cost savings, numbers of partici- healthcare staff positions, and average zation with which the Bureau of Prisons has pants, and information about recidivism length of such a vacancy. a contract to provide services relating to im- rates among participants. (14) The number of facilities that operated, prisonment) specialized and comprehensive (c) DEFINITION.—In this title, the term at any time during the previous year, with- training in procedures to— ‘‘youth’’ means a prisoner (as such term is out at least 1 clinical nurse, certified para- (1) de-escalate encounters between a law defined in section 3635 of title 18, United medic, or licensed physician on site. enforcement officer or an officer or employee States Code, as added by section 101(a) of (15) The number of facilities that during of the Bureau of Prisons, and a civilian or a this Act) who was 21 years of age or younger the previous year were accredited by the prisoner (as such term is defined in section at the time of the commission or alleged American Correctional Association. 3635 of title 18, United States Code, as added commission of the criminal offense for which (16) The number and type of recidivism re- by section 101(a) of this Act); and the individual is being prosecuted or serving duction partnerships described in section (2) identify and appropriately respond to a term of imprisonment, as the case may be. 3621(h)(5) of title 18, United States Code, as incidents that involve the unique needs of in- SEC. 609. ENSURING SUPERVISION OF RELEASED added by section 102(a) of this Act, entered dividuals who have a mental illness or cog- SEXUALLY DANGEROUS PERSONS. into by each facility. nitive deficit. (a) PROBATION OFFICERS.—Section 3603 of (17) The number of facilities with remote SEC. 607. EVIDENCE-BASED TREATMENT FOR title 18, United States Code, is amended in learning capabilities. OPIOID AND HEROIN ABUSE. paragraph (8)(A) by striking ‘‘or 4246’’ and in- (18) The number of facilities that offer (a) REPORT ON EVIDENCE-BASED TREATMENT serting ‘‘, 4246, or 4248’’. prisoners video conferencing. FOR OPIOID AND HEROIN ABUSE.—Not later (b) PRETRIAL SERVICES OFFICERS.—Section (19) Any changes in costs related to legal than 90 days after the date of enactment of 3154 of title 18, United States Code, is amend- phone calls and visits following implementa- this Act, the Director of the Bureau of Pris- ed in paragraph (12)(A) by striking ‘‘or 4246’’ tion of section 3632(d)(1) of title 18, United ons shall submit to the Committees on the and inserting ‘‘, 4246, or 4248’’. States Code, as added by section 101(a) of Judiciary and the Committees on Appropria- SEC. 610. DATA COLLECTION. this Act. tions of the Senate and of the House of Rep- (a) NATIONAL PRISONER STATISTICS PRO- (20) The number of aliens in prison during resentatives a report assessing the avail- GRAM.—Beginning not later than 1 year after the previous year. ability of and the capacity of the Bureau of the date of enactment of this Act, and annu- (21) For each Bureau of Prisons facility, Prisons to treat heroin and opioid abuse ally thereafter, pursuant to the authority the total number of violations that resulted through evidence-based programs, including under section 302 of the Omnibus Crime Con- in reductions in rewards, incentives, or time medication-assisted treatment where appro- trol and Safe Streets Act of 1968 (42 U.S.C. credits, the number of such violations for priate. In preparing the report, the Director 3732), the Director of the Bureau of Justice each category of violation, and the demo- shall consider medication-assisted treatment Statistics, with information that shall be graphic breakdown of the prisoners who have as a strategy to assist in treatment where provided by the Director of the Bureau of received such reductions. appropriate and not as a replacement for ho- Prisons, shall include in the National Pris- (22) The number of assaults on Bureau of listic and other drug-free approaches. The re- oner Statistics Program the following: Prisons staff by prisoners and the number of port shall include a description of plans to (1) The number of prisoners (as such term criminal prosecutions of prisoners for as- expand access to evidence-based treatment is defined in section 3635 of title 18, United saulting Bureau of Prisons staff.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7687 (23) The capacity of each recidivism reduc- ‘‘(A) committed pursuant to an adjudica- evade the spirit and purpose of this sub- tion program and productive activity to action of delinquency under this chapter; or section shall be prohibited.’’. commodate eligible inmates at each Bureau ‘‘(B) detained prior to disposition or con- (b) TECHNICAL AND CONFORMING AMEND- of Prisons facility. viction; and MENT.—The table of sections for chapter 403 (24) The number of volunteers who were ‘‘(3) the term ‘room confinement’ means of title 18, United States Code, is amended by certified to volunteer in a Bureau of Prisons the involuntary placement of a covered juve- adding at the end the following: facility, broken down by level (level I and nile alone in a cell, room, or other area for ‘‘5043. Juvenile solitary confinement.’’. level II), and by each Bureau of Prisons facil- any reason. TITLE VII—FAIRNESS FOR CRIME VICTIMS ity. ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN SEC. 701. SHORT TITLE. (25) The number of prisoners enrolled in re- JUVENILE FACILITIES.— This title may be cited as the ‘‘Fairness for cidivism reduction programs and productive ‘‘(1) IN GENERAL.—The use of room confine- Crime Victims Act of 2018’’. activities at each Bureau of Prisons facility, ment at a juvenile facility for discipline, broken down by risk level and by program, punishment, retaliation, or any reason other SEC. 702. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PRO- and the number of those enrolled prisoners than as a temporary response to a covered juvenile’s behavior that poses a serious and GRAMS AFFECTING THE CRIME VIC- who successfully completed each program. TIMS FUND. immediate risk of physical harm to any indi- (26) The breakdown of prisoners classified (a) FINDINGS.—Congress finds that— vidual, including the covered juvenile, is pro- at each risk level by demographic character- (1) the Crime Victims Fund was created in hibited. istics, including age, sex, race, and the 1984, with the support of overwhelming bi- ‘‘(2) JUVENILES POSING RISK OF HARM.— length of the sentence imposed. partisan majorities in the House of Rep- ‘‘(A) REQUIREMENT TO USE LEAST RESTRIC- (b) REPORT TO JUDICIARY COMMITTEES.—Be- resentatives and the Senate and the support TIVE TECHNIQUES.— ginning not later than 1 year after the date of President Ronald Reagan, who signed the ‘‘(i) IN GENERAL.—Before a staff member of of enactment of this Act, and annually Victims of Crime Act of 1984 (Public Law 98– a juvenile facility places a covered juvenile thereafter for a period of 7 years, the Direc- 473) into law; tor of the Bureau of Justice Statistics shall in room confinement, the staff member shall attempt to use less restrictive techniques, (2) the Crime Victims Fund was created submit a report containing the information based on the principle that funds the Federal described in paragraphs (1) through (26) of including— ‘‘(I) talking with the covered juvenile in an Government collects from those convicted of subsection (a) to the Committee on the Judi- crime should be used to aid those who have ciary of the Senate and the Committee on attempt to de-escalate the situation; and ‘‘(II) permitting a qualified mental health been victimized by crime; the Judiciary of the House of Representa- (3) the Crime Victims Fund is funded from tives. professional to talk to the covered juvenile. ‘‘(ii) EXPLANATION.—If, after attempting to fines, penalties, and forfeited bonds in Fed- SEC. 611. HEALTHCARE PRODUCTS. use less restrictive techniques as required eral court and private donations; (a) AVAILABILITY.—The Director of the Bu- under clause (i), a staff member of a juvenile (4) the Crime Victims Fund receives no reau of Prisons shall make the healthcare facility decides to place a covered juvenile in taxpayer dollars; products described in subsection (c) available room confinement, the staff member shall (5) Federal law provides that funds depos- to prisoners for free, in a quantity that is ap- first— ited into the Crime Victims Fund shall be propriate to the healthcare needs of each ‘‘(I) explain to the covered juvenile the used to provide services to victims of crime prisoner. reasons for the room confinement; and in accordance with the Victims of Crime Act (b) QUALITY PRODUCTS.—The Director shall ‘‘(II) inform the covered juvenile that re- of 1984; ensure that the healthcare products provided lease from room confinement will occur— (6) the Victims of Crime Act of 1984 gives under this section conform with applicable ‘‘(aa) immediately when the covered juve- priority to victims of child abuse, sexual as- industry standards. nile regains self-control, as described in sub- sault, and domestic violence; (c) PRODUCTS.—The healthcare products de- paragraph (B)(i); or (7) since fiscal year 2000, Congress has been scribed in this subsection are tampons and ‘‘(bb) not later than after the expiration of taking funds collected by the Crime Victims sanitary napkins. the time period described in subclause (I) or Fund and not disbursing the full amount pro- SEC. 612. ADULT AND JUVENILE COLLABORA- (II) of subparagraph (B)(ii), as applicable. vided for under the Victims of Crime Act of TION PROGRAMS. ‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If 1984; Section 2991 of title I of the Omnibus a covered juvenile is placed in room confine- (8) over $10,000,000,000 has been withheld Crime Control and Safe Streets Act of 1968 ment because the covered juvenile poses a from victims of child abuse, sexual assault, (34 U.S.C. 10651) is amended— serious and immediate risk of physical harm domestic violence, and other crimes; (1) in subsection (b)(4)— to himself or herself, or to others, the cov- (9) from fiscal year 2010 through fiscal year (A) by striking subparagraph (D); and ered juvenile shall be released— 2014, the Crime Victims Fund collected (B) by redesignating subparagraph (E) as ‘‘(i) immediately when the covered juvenile $12,000,000,000, but Congress disbursed only subparagraph (D); has sufficiently gained control so as to no $3,600,000,000 (or 30 percent) to victims of (2) in subsection (e), by striking ‘‘may use longer engage in behavior that threatens se- crime; up to 3 percent’’ and inserting ‘‘shall use not rious and immediate risk of physical harm to (10) since fiscal year 2015, Congress has in- less than 6 percent’’; and himself or herself, or to others; or creased disbursals from the Crime Victims (3) by amending subsection (g) to read as ‘‘(ii) if a covered juvenile does not suffi- Fund to victims of crime, but a permanent follows: ciently gain control as described in clause solution is necessary to ensure consistent ‘‘(g) COLLABORATION SET-ASIDE.—The At- (i), not later than— disbursals to victims of crime who rely on torney General shall use not less than 8 per- ‘‘(I) 3 hours after being placed in room con- these funds every year; cent of funds appropriated to provide tech- finement, in the case of a covered juvenile (11) under budget rules, Congress rep- nical assistance to State and local govern- who poses a serious and immediate risk of resents that the money it has already spent ments receiving grants under this part to physical harm to others; or in prior years is still in the Crime Victims foster collaboration between such govern- ‘‘(II) 30 minutes after being placed in room Fund and available for victims of crime; ments in furtherance of the purposes set confinement, in the case of a covered juve- (12) it is time to restore fairness to crime forth in section 3 of the Mentally Ill Offender nile who poses a serious and immediate risk victims; and Treatment and Crime Reduction Act of 2004 of physical harm only to himself or herself. (13) funds collected by the Crime Victims (34 U.S.C. 10651 note).’’. ‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD Fund should be used for services to crime SEC. 613. JUVENILE SOLITARY CONFINEMENT. OF CONFINEMENT.—If, after the applicable victims in accordance with the Victims of (a) IN GENERAL.—Chapter 403 of title 18, maximum period of confinement under sub- Crime Act of 1984. United States Code, is amended by adding at clause (I) or (II) of subparagraph (B)(ii) has (b) AMENDMENT.—Title IV of the Congres- the end the following: expired, a covered juvenile continues to pose sional Budget Act of 1974 (2 U.S.C. 651 et seq.) ‘‘§ 5043. Juvenile solitary confinement a serious and immediate risk of physical is amended by adding at the end the fol- ‘‘(a) DEFINITIONS.—In this section— harm described in that subclause— lowing: ‘‘(1) the term ‘covered juvenile’ means— ‘‘(i) the covered juvenile shall be trans- ‘‘PART C—ADDITIONAL LIMITATIONS ON ‘‘(A) a juvenile who— ferred to another juvenile facility or internal BUDGETARY AND APPROPRIATIONS ‘‘(i) is being proceeded against under this location where services can be provided to LEGISLATION chapter for an alleged act of juvenile delin- the covered juvenile without relying on room ‘‘SEC. 441. POINT OF ORDER AGAINST CHANGES quency; or confinement; or IN MANDATORY PROGRAMS AFFECT- ‘‘(ii) has been adjudicated delinquent under ‘‘(ii) if a qualified mental health profes- ING THE CRIME VICTIMS FUND. this chapter; or sional believes the level of crisis service ‘‘(a) DEFINITIONS.—In this section— ‘‘(B) a juvenile who is being proceeded needed is not currently available, a staff ‘‘(1) the term ‘CHIMP’ means a provision against as an adult in a district court of the member of the juvenile facility shall initiate that— United States for an alleged criminal of- a referral to a location that can meet the ‘‘(A) would have been estimated as affect- fense; needs of the covered juvenile. ing direct spending or receipts under section ‘‘(2) the term ‘juvenile facility’ means any ‘‘(D) SPIRIT AND PURPOSE.—The use of con- 252 of the Balanced Budget and Emergency facility where covered juveniles are— secutive periods of room confinement to Deficit Control Act of 1985 (2 U.S.C. 902) (as

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7688 CONGRESSIONAL RECORD — SENATE December 17, 2018 in effect prior to September 30, 2002) if the for obligation during the fiscal year from the ‘‘(xiv) Section 751, relating to prisoners in provision was included in legislation other Crime Victims Fund to be less than the 3- custody of an institution or officer. than an appropriation Act; and year average amount shall not be in order in ‘‘(xv) Section 793, relating to gathering, ‘‘(B) results in a net decrease in budget au- the House of Representatives. transmitting, or losing defense information. thority in the current year or the budget ‘‘(2) AMENDMENTS AND CONFERENCE RE- ‘‘(xvi) Section 794, relating to gathering or year, but does not result in a net decrease in PORTS.—It shall not be in order in the House delivering defense information to aid a for- outlays over the period of the total of the of Representatives to consider an amend- eign government. current year, the budget year, and all fiscal ment to, or a conference report on, a bill or ‘‘(xvii) Any section of chapter 39, relating years covered under the most recently adopt- joint resolution making appropriations for a to explosives and other dangerous articles, ed concurrent resolution on the budget; fiscal year if such amendment thereto or except for section 836 (relating to the trans- ‘‘(2) the term ‘Crime Victims Fund’ means conference report thereon proposes a CHIMP portation of fireworks into a State prohib- the Crime Victims Fund established under that, if enacted, would cause the amount iting sale or use). section 1402 of the Victims of Crime Act of available for obligation during the fiscal ‘‘(xviii) Section 842(p), relating to distribu- 1984 (34 U.S.C. 20101); and year from the Crime Victims Fund to be less tion of information relating to explosives, ‘‘(3) the term ‘3-year average amount’ than the 3-year average amount. destructive devices, and weapons of mass de- means the annual average amount that was ‘‘(3) DETERMINATION.—For purposes of this struction, but only if the conviction involved deposited into the Crime Victims Fund dur- subsection, budgetary levels shall be deter- a weapon of mass destruction (as defined in ing the 3-fiscal-year period beginning on Oc- mined on the basis of estimates provided by section 2332a(c)). tober 1 of the fourth fiscal year before the the Chairman of the Committee on the Budg- ‘‘(xix) Subsection (f)(3), (h), or (i) of section fiscal year to which a CHIMP affecting the et of the House of Representatives.’’. 844, relating to the use of fire or an explo- Crime Victims Fund applies. (c) TECHNICAL AND CONFORMING AMEND- sive. OINT OF RDER IN THE ENATE ‘‘(b) P O S .— MENT.—The table of contents in section 1(b) ‘‘(xx) Section 871, relating to threats ‘‘(1) POINT OF ORDER.— of the Congressional Budget and Impound- against the President and successors to the ‘‘(A) IN GENERAL.—In the Senate, it shall ment Control Act of 1974 is amended by in- Presidency. not be in order to consider a provision in a serting after the item relating to section 428 ‘‘(xxi) Section 879, relating to threats bill or joint resolution making appropria- the following: against former Presidents and certain other tions for all or a portion of a fiscal year, or persons. an amendment thereto, amendment between ‘‘PART C—ADDITIONAL LIMITATIONS ON BUDG- ‘‘(xxii) Section 924(c), relating to unlawful the Houses in relation thereto, conference ETARY AND APPROPRIATIONS LEGISLATION possession or use of a firearm during and in report thereon, or motion thereon, that con- ‘‘Sec. 441. Point of order against changes in relation to any crime of violence or drug tains a CHIMP that, if enacted, would cause mandatory programs affecting trafficking crime. the amount available for obligation during the Crime Victims Fund.’’. ‘‘(xxiii) Section 1030(a)(1), relating to fraud the fiscal year from the Crime Victims Fund and related activity in connection with com- to be less than the 3-year average amount. SA 4130. Mr. CRUZ submitted an puters. ‘‘(B) POINT OF ORDER SUSTAINED.—If a point amendment intended to be proposed to ‘‘(xxiv) Section 1091, relating to genocide. of order is made by a Senator against a pro- ‘‘(xxv) Any section of chapter 51, relating vision described in subparagraph (A), and the amendment SA 4108 proposed by Mr. to homicide, except for section 1112 (relating point of order is sustained by the Chair, that MCCONNELL (for Mr. GRASSLEY) to the to manslaughter), 1113 (relating to attempt provision shall be stricken from the measure bill S. 756, to reauthorize and amend to commit murder or manslaughter, but only and may not be offered as an amendment the Marine Debris Act to promote if the conviction was for an attempt to com- from the floor. international action to reduce marine mit manslaughter), 1115 (relating to mis- ‘‘(2) FORM OF THE POINT OF ORDER.—A point debris, and for other purposes; which conduct or neglect of ship officers), or 1122 of order under paragraph (1) may be raised was ordered to lie on the table; as fol- (relating to protection against the human by a Senator as provided in section 313(e). lows: immunodeficiency virus). ‘‘(3) CONFERENCE REPORTS.—When the Sen- ‘‘(xxvi) Any section of chapter 55, relating ate is considering a conference report on, or Beginning on page 12, strike line 22 and all to kidnapping. an amendment between the Houses in rela- that follows through page 24, line 24, and in- ‘‘(xxvii) Any offense under chapter 77, re- tion to, a bill or joint resolution, upon a sert the following: lating to peonage, slavery, and trafficking in point of order being made by any Senator ‘‘(i) Section 32, relating to destruction of persons, except for sections 1593 through pursuant to paragraph (1), and such point of aircraft or aircraft facilities. 1596. order being sustained, such material con- ‘‘(ii) Section 33, relating to destruction of ‘‘(xxviii) Section 1751, relating to Presi- tained in such conference report or House motor vehicles or motor vehicle facilities. dential and Presidential staff assassination, amendment shall be stricken, and the Senate ‘‘(iii) Section 36, relating to drive-by shoot- kidnapping, and assault. shall proceed to consider the question of ings. ‘‘(xxix) Section 1791, relating to providing whether the Senate shall recede from its ‘‘(iv) Section 81, relating to arson within or possessing contraband in prison. amendment and concur with a further special maritime and territorial jurisdiction. ‘‘(xxx) Section 1792, relating to mutiny and amendment, or concur in the House amend- ‘‘(v) Section 111(b), relating to assaulting, riots. ment with a further amendment, as the case resisting, or impeding certain officers or em- ‘‘(xxxi) Section 1841(a)(2)(C), relating to in- may be, which further amendment shall con- ployees using a deadly or dangerous weapon tentionally killing or attempting to kill an sist of only that portion of the conference re- or inflicting bodily injury. unborn child. port or House amendment, as the case may ‘‘(vi) Paragraph (1), (7), or (8) of section ‘‘(xxxii) Section 1992, relating to terrorist be, not so stricken. Any such motion in the 113(a), relating to assault with intent to attacks and other violence against railroad Senate shall be debatable. In any case in commit murder, assault resulting in sub- carriers and against mass transportation which such point of order is sustained stantial bodily injury to a spouse or inti- systems on land, on water, or through the against a conference report (or Senate mate partner, a dating partner, or an indi- air. amendment derived from such conference re- vidual who has not attained the age of 16 ‘‘(xxxiii) Section 2113(e), relating to bank port by operation of this subsection), no fur- years, or assault of a spouse, intimate part- robbery resulting in death. ther amendment shall be in order. ner, or dating partner by strangling, suffo- ‘‘(xxxiv) Section 2118(c), relating to rob- ‘‘(4) SUPERMAJORITY WAIVER AND APPEAL.— cating, or attempting to strangle or suf- beries and burglaries involving controlled In the Senate, this subsection may be waived focate. substances resulting in assault, putting in or suspended only by an affirmative vote of ‘‘(vii) Section 115, relating to influencing, jeopardy the life of any person by the use of three-fifths of the Members, duly chose and impeding, or retaliating against a Federal a dangerous weapon or device, or death. sworn. An affirmative vote of three-fifths of official by injuring a family member, except ‘‘(xxxv) Section 2119, relating to taking a Members of the Senate, duly chosen and for a threat made in violation of that sec- motor vehicle (commonly referred to as sworn shall be required to sustain an appeal tion. ‘carjacking’). of the ruling of the Chair on a point of order ‘‘(viii) Section 116, relating to female gen- ‘‘(xxxvi) Any section of chapter 105, relat- raised under this subsection. ital mutilation. ing to sabotage, except for section 2152. ‘‘(5) DETERMINATION.—For purposes of this ‘‘(ix) Section 117, relating to domestic as- ‘‘(xxxvii) Any section of chapter 109A, re- subsection, budgetary levels shall be deter- sault by a habitual offender. lating to sexual abuse. mined on the basis of estimates provided by ‘‘(x) Any section of chapter 10, relating to ‘‘(xxxviii) Section 2250, relating to failure the Chairman of the Committee on the Budg- biological weapons. to register as a sex offender. et of the Senate. ‘‘(xi) Any section of chapter 11B, relating ‘‘(xxxix) Section 2251, relating to the sex- ‘‘(c) POINT OF ORDER IN THE HOUSE OF REP- to chemical weapons. ual exploitation of children. RESENTATIVES.— ‘‘(xii) Section 351, relating to Congres- ‘‘(xl) Section 2251A, relating to the selling ‘‘(1) IN GENERAL.—A provision in a bill or sional, Cabinet, and Supreme Court assas- or buying of children. joint resolution making appropriations for a sination, kidnapping, and assault. ‘‘(xli) Section 2252, relating to certain ac- fiscal year that proposes a CHIMP that, if ‘‘(xiii) Section 521, relating to criminal tivities relating to material involving the enacted, would cause the amount available street gangs. sexual exploitation of minors.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7689 ‘‘(xlii) Section 2252A, relating to certain ‘‘(lxii) Any section of the Export Adminis- Beginning on page 12, strike line 22 and all activities involving material constituting or tration Act of 1979 (50 U.S.C. 4611 et seq.) that follows through page 57, line 8, and in- containing child pornography. ‘‘(lxiii) Section 206 of the International sert the following: ‘‘(xliii) Section 2260, relating to the pro- Emergency Economic Powers Act (50 U.S.C. ‘‘(i) Section 32, relating to destruction of duction of sexually explicit depictions of a 1705). aircraft or aircraft facilities. minor for importation into the United ‘‘(lxiv) Section 601 of the National Security ‘‘(ii) Section 33, relating to destruction of States. Act of 1947 (50 U.S.C. 3121), relating to the motor vehicles or motor vehicle facilities. ‘‘(xliv) Section 2283, relating to the trans- protection of identities of certain United ‘‘(iii) Section 36, relating to drive-by shoot- portation of explosive, biological, chemical, States undercover intelligence officers, ings. or radioactive or nuclear materials. agents, informants, and sources. ‘‘(iv) Section 81, relating to arson within ‘‘(xlv) Section 2284, relating to the trans- ‘‘(lxv) Subparagraph (A)(i) or (B)(i) of sec- special maritime and territorial jurisdiction. portation of terrorists. tion 401(b)(1) of the Controlled Substances ‘‘(v) Section 111(b), relating to assaulting, ‘‘(xlvi) Section 2291, relating to the de- Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or resisting, or impeding certain officers or em- struction of a vessel or maritime facility, (2)(A) of section 1010(b) of the Controlled ployees using a deadly or dangerous weapon but only if the conduct that led to the con- Substances Import and Export Act (21 U.S.C. or inflicting bodily injury. viction involved a substantial risk of death 960(b)), relating to manufacturing, distrib- ‘‘(vi) Paragraph (1), (7), or (8) of section or serious bodily injury. uting, dispensing, or possessing with intent 113(a), relating to assault with intent to ‘‘(xlvii) Any section of chapter 113B, relat- to manufacture, distribute, dispense, or commit murder, assault resulting in sub- ing to terrorism. knowingly importing or exporting, a mixture stantial bodily injury to a spouse or inti- ‘‘(xlviii) Section 2340A, relating to torture. or substance containing a detectable amount mate partner, a dating partner, or an indi- ‘‘(xlix) Section 2381, relating to treason. of heroin if the sentencing court finds that vidual who has not attained the age of 16 ‘‘(l) Section 2442, relating to the recruit- the offender was an organizer, leader, man- years, or assault of a spouse, intimate partment or use of child soldiers. ager, or supervisor of others in the offense, ner, or dating partner by strangling, suffo- ‘‘(li) An offense described in section as determined under the guidelines promul- cating, or attempting to strangle or suf- 3559(c)(2)(F), for which the offender was sen- gated by the United States Sentencing Com- focate. tenced to a term of imprisonment of more mission. ‘‘(vii) Section 115, relating to influencing, than 1 year, if the offender has a previous ‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of impeding, or retaliating against a Federal conviction, for which the offender served a section 401(b)(1) of the Controlled Substances official by injuring a family member, except term of imprisonment of more than 1 year, Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or for a threat made in violation of that sec- for a Federal or State offense, by whatever (2)(F) of section 1010(b) of the Controlled tion. designation and wherever committed, con- Substances Import and Export Act (21 U.S.C. ‘‘(viii) Section 116, relating to female gen- sisting of murder (as described in section 960(b)), relating to manufacturing, distrib- ital mutilation. 1111), voluntary manslaughter (as described uting, dispensing, or possessing with intent ‘‘(ix) Section 117, relating to domestic as- in section 1112), assault with intent to com- to manufacture, distribute, or dispense, a sault by a habitual offender. mit murder (as described in section 113(a)), mixture or substance containing a detectable ‘‘(x) Any section of chapter 10, relating to aggravated sexual abuse and sexual abuse (as amount of N-phenyl-N-[1-(2-phenylethyl)-4- biological weapons. described in sections 2241 and 2242), abusive piperidinyl] propanamide, or any analogue ‘‘(xi) Any section of chapter 11B, relating sexual contact (as described in sections thereof. to chemical weapons. 2244(a)(1) and (a)(2)), kidnapping (as de- ‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) ‘‘(xii) Section 351, relating to Congres- scribed in chapter 55), carjacking (as de- of section 401(b)(1) of the Controlled Sub- sional, Cabinet, and Supreme Court assas- scribed in section 2119), arson (as described stances Act (21 U.S.C. 841(b)(1)) or paragraph sination, kidnapping, and assault. in section 844(f)(3), (h), or (i)), or terrorism (1)(H) or (2)(H) of section 1010(b) the Con- ‘‘(xiii) Section 521, relating to criminal (as described in chapter 113B). trolled Substances Import and Export Act (21 street gangs. ‘‘(lii) Section 57(b) of the Atomic Energy U.S.C. 960(b)), relating to manufacturing, ‘‘(xiv) Section 751, relating to prisoners in Act of 1954 (42 U.S.C. 2077(b)), relating to the distributing, dispensing, or possessing with custody of an institution or officer. engagement or participation in the develop- intent to manufacture, distribute, or dis- ‘‘(xv) Section 793, relating to gathering, ment or production of special nuclear mate- pense, or knowingly importing or exporting, transmitting, or losing defense information. rial. a mixture of substance containing a detect- ‘‘(xvi) Section 794, relating to gathering or ‘‘(liii) Section 92 of the Atomic Energy Act able amount of methamphetamine, its salts, delivering defense information to aid a for- of 1954 (42 U.S.C. 2122), relating to prohibi- isomers, or salts of its isomers, if the sen- eign government. tions governing atomic weapons. tencing court finds that the offender was an ‘‘(xvii) Any section of chapter 39, relating ‘‘(liv) Section 101 of the Atomic Energy organizer, leader, manager, or supervisor of to explosives and other dangerous articles, Act of 1954 (42 U.S.C. 2131), relating to the others in the offense, as determined under except for section 836 (relating to the trans- atomic energy license requirement. the guidelines promulgated by the United portation of fireworks into a State prohib- ‘‘(lv) Section 224 or 225 of the Atomic En- States Sentencing Commission. iting sale or use). ergy Act of 1954 (42 U.S.C. 2274, 2275), relating ‘‘(lxviii) Subparagraph (A) or (B) of section ‘‘(xviii) Section 842(p), relating to distribu- to the communication or receipt of re- 401(b)(1) of the Controlled Substances Act (21 tion of information relating to explosives, stricted data. U.S.C. 841(b)(1)) or paragraph (1) or (2) of sec- destructive devices, and weapons of mass de- ‘‘(lvi) Section 236 of the Atomic Energy tion 1010(b) of the Controlled Substances Im- struction, but only if the conviction involved Act of 1954 (42 U.S.C. 2284), relating to the port and Export Act (21 U.S.C. 960(b)), relat- a weapon of mass destruction (as defined in sabotage of nuclear facilities or fuel. ing to manufacturing, distributing, dis- section 2332a(c)). ‘‘(lvii) Section 60123(b) of title 49, relating pensing, or possessing with intent to manu- ‘‘(xix) Subsection (f)(3), (h), or (i) of section to damaging or destroying a pipeline facil- facture, distribute, or dispense, a controlled 844, relating to the use of fire or an explo- ity, but only if the conduct which led to the substance, or knowingly importing or ex- sive. conviction involved a substantial risk of porting a controlled substance, if the sen- ‘‘(xx) Section 871, relating to threats death or serious bodily injury. tencing court finds that— against the President and successors to the ‘‘(lviii) Section 401(a) of the Controlled ‘‘(I) the offense involved a mixture or sub- Presidency. Substances Act (21 U.S.C. 841), relating to stance containing a detectable amount of N- ‘‘(xxi) Section 879, relating to threats manufacturing or distributing a controlled phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] against former Presidents and certain other substance in the case of a conviction for an propanamide, or any analogue thereof; and persons. offense described in subparagraph (A), (B), or ‘‘(II) the offender was an organizer, leader, ‘‘(xxii) Section 924(c), relating to unlawful (C) of subsection (b)(1) of that section for manager, or supervisor of others in the of- possession or use of a firearm during and in which death or serious bodily injury resulted fense, as determined under the guidelines relation to any crime of violence or drug from the use of such substance. promulgated by the United States Sen- trafficking crime. ‘‘(lix) Section 276(a) of the Immigration tencing Commission. ‘‘(xxiii) Section 1030(a)(1), relating to fraud and Nationality Act (8 U.S.C. 1326), relating and related activity in connection with com- to the reentry of a removed alien, but only if SA 4131. Mr. CRUZ submitted an puters. the alien is described in paragraph (1) or (2) amendment intended to be proposed to ‘‘(xxiv) Section 1091, relating to genocide. of subsection (b) of that section. amendment SA 4108 proposed by Mr. ‘‘(xxv) Any section of chapter 51, relating ‘‘(lx) Section 277 of the Immigration and MCCONNELL (for Mr. GRASSLEY) to the to homicide, except for section 1112 (relating Nationality Act (8 U.S.C. 1327), relating to bill S. 756, to reauthorize and amend to manslaughter), 1113 (relating to attempt aiding or assisting certain aliens to enter the the Marine Debris Act to promote to commit murder or manslaughter, but only United States. if the conviction was for an attempt to com- ‘‘(lxi) Section 278 of the Immigration and international action to reduce marine mit manslaughter), 1115 (relating to mis- Nationality Act (8 U.S.C. 1328), relating to debris, and for other purposes; which conduct or neglect of ship officers), or 1122 the importation of an alien into the United was ordered to lie on the table; as fol- (relating to protection against the human States for an immoral purpose. lows: immunodeficiency virus).

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.022 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7690 CONGRESSIONAL RECORD — SENATE December 17, 2018 ‘‘(xxvi) Any section of chapter 55, relating ‘‘(lii) Section 57(b) of the Atomic Energy distributing, dispensing, or possessing with to kidnapping. Act of 1954 (42 U.S.C. 2077(b)), relating to the intent to manufacture, distribute, or dis- ‘‘(xxvii) Any offense under chapter 77, re- engagement or participation in the develop- pense, or knowingly importing or exporting, lating to peonage, slavery, and trafficking in ment or production of special nuclear mate- a mixture of substance containing a detect- persons, except for sections 1593 through rial. able amount of methamphetamine, its salts, 1596. ‘‘(liii) Section 92 of the Atomic Energy Act isomers, or salts of its isomers, if the sen- ‘‘(xxviii) Section 1751, relating to Presi- of 1954 (42 U.S.C. 2122), relating to prohibi- tencing court finds that the offender was an dential and Presidential staff assassination, tions governing atomic weapons. organizer, leader, manager, or supervisor of kidnapping, and assault. ‘‘(liv) Section 101 of the Atomic Energy others in the offense, as determined under ‘‘(xxix) Section 1791, relating to providing Act of 1954 (42 U.S.C. 2131), relating to the the guidelines promulgated by the United or possessing contraband in prison. atomic energy license requirement. States Sentencing Commission. ‘‘(xxx) Section 1792, relating to mutiny and ‘‘(lv) Section 224 or 225 of the Atomic En- ‘‘(lxviii) Subparagraph (A) or (B) of section riots. ergy Act of 1954 (42 U.S.C. 2274, 2275), relating 401(b)(1) of the Controlled Substances Act (21 ‘‘(xxxi) Section 1841(a)(2)(C), relating to in- to the communication or receipt of re- U.S.C. 841(b)(1)) or paragraph (1) or (2) of sec- tentionally killing or attempting to kill an stricted data. tion 1010(b) of the Controlled Substances Im- unborn child. ‘‘(lvi) Section 236 of the Atomic Energy port and Export Act (21 U.S.C. 960(b)), relat- ‘‘(xxxii) Section 1992, relating to terrorist Act of 1954 (42 U.S.C. 2284), relating to the ing to manufacturing, distributing, dis- attacks and other violence against railroad sabotage of nuclear facilities or fuel. pensing, or possessing with intent to manu- ‘‘(lvii) Section 60123(b) of title 49, relating facture, distribute, or dispense, a controlled carriers and against mass transportation to damaging or destroying a pipeline facil- substance, or knowingly importing or ex- systems on land, on water, or through the ity, but only if the conduct which led to the porting a controlled substance, if the sen- air. conviction involved a substantial risk of tencing court finds that— ‘‘(xxxiii) Section 2113(e), relating to bank death or serious bodily injury. ‘‘(I) the offense involved a mixture or sub- robbery resulting in death. ‘‘(lviii) Section 401(a) of the Controlled stance containing a detectable amount of N- ‘‘(xxxiv) Section 2118(c), relating to rob- Substances Act (21 U.S.C. 841), relating to phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] beries and burglaries involving controlled manufacturing or distributing a controlled propanamide, or any analogue thereof; and substances resulting in assault, putting in substance in the case of a conviction for an ‘‘(II) the offender was an organizer, leader, jeopardy the life of any person by the use of offense described in subparagraph (A), (B), or manager, or supervisor of others in the of- a dangerous weapon or device, or death. (C) of subsection (b)(1) of that section for fense, as determined under the guidelines ‘‘(xxxv) Section 2119, relating to taking a which death or serious bodily injury resulted promulgated by the United States Sen- motor vehicle (commonly referred to as from the use of such substance. tencing Commission. ‘carjacking’). ‘‘(lix) Section 276(a) of the Immigration ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO ‘‘(xxxvi) Any section of chapter 105, relat- and Nationality Act (8 U.S.C. 1326), relating APPLY TIME CREDITS.— ing to sabotage, except for section 2152. to the reentry of a removed alien, but only if ‘‘(i) IN GENERAL.—A prisoner is ineligible ‘‘(xxxvii) Any section of chapter 109A, re- the alien is described in paragraph (1) or (2) to apply time credits under subparagraph (C) lating to sexual abuse. of subsection (b) of that section. if the prisoner is the subject of a final order ‘‘(xxxviii) Section 2250, relating to failure ‘‘(lx) Section 277 of the Immigration and of removal under any provision of the immi- to register as a sex offender. Nationality Act (8 U.S.C. 1327), relating to gration laws (as such term is defined in sec- ‘‘(xxxix) Section 2251, relating to the sex- aiding or assisting certain aliens to enter the tion 101(a)(17) of the Immigration and Na- ual exploitation of children. United States. tionality Act (8 U.S.C. 1101(a)(17))). ‘‘(xl) Section 2251A, relating to the selling ‘‘(lxi) Section 278 of the Immigration and ‘‘(ii) PROCEEDINGS.—The Attorney General, or buying of children. Nationality Act (8 U.S.C. 1328), relating to in consultation with the Secretary of Home- ‘‘(xli) Section 2252, relating to certain ac- the importation of an alien into the United land Security, shall ensure that any alien de- tivities relating to material involving the States for an immoral purpose. scribed in section 212 or 237 of the Immigra- sexual exploitation of minors. ‘‘(lxii) Any section of the Export Adminis- tion and Nationality Act (8 U.S.C. 1182, 1227) ‘‘(xlii) Section 2252A, relating to certain tration Act of 1979 (50 U.S.C. 4611 et seq.) who seeks to earn time credits are subject to activities involving material constituting or ‘‘(lxiii) Section 206 of the International proceedings described in section 238(a) of containing child pornography. Emergency Economic Powers Act (50 U.S.C. that Act (8 U.S.C. 1228(a)) at a date as early ‘‘(xliii) Section 2260, relating to the pro- 1705). as practicable during the prisoner’s incarcer- duction of sexually explicit depictions of a ‘‘(lxiv) Section 601 of the National Security ation. minor for importation into the United Act of 1947 (50 U.S.C. 3121), relating to the ‘‘(5) RISK REASSESSMENTS AND LEVEL AD- States. protection of identities of certain United JUSTMENT.—A prisoner who successfully par- ‘‘(xliv) Section 2283, relating to the trans- States undercover intelligence officers, ticipates in evidence-based recidivism reduc- portation of explosive, biological, chemical, agents, informants, and sources. tion programming or productive activities or radioactive or nuclear materials. ‘‘(lxv) Subparagraph (A)(i) or (B)(i) of sec- shall receive periodic risk reassessments not ‘‘(xlv) Section 2284, relating to the trans- tion 401(b)(1) of the Controlled Substances less often than annually, and a prisoner de- portation of terrorists. Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or termined to be at a medium or high risk of ‘‘(xlvi) Section 2291, relating to the de- (2)(A) of section 1010(b) of the Controlled recidivating and who has less than 5 years struction of a vessel or maritime facility, Substances Import and Export Act (21 U.S.C. until his or her projected release date shall but only if the conduct that led to the con- 960(b)), relating to manufacturing, distrib- receive more frequent risk reassessments. If viction involved a substantial risk of death uting, dispensing, or possessing with intent the reassessment shows that the prisoner’s or serious bodily injury. to manufacture, distribute, dispense, or risk of recidivating or specific needs have ‘‘(xlvii) Any section of chapter 113B, relat- knowingly importing or exporting, a mixture changed, the Bureau of Prisons shall update ing to terrorism. or substance containing a detectable amount the determination of the prisoner’s risk of ‘‘(xlviii) Section 2340A, relating to torture. of heroin if the sentencing court finds that recidivating or information regarding the ‘‘(xlix) Section 2381, relating to treason. the offender was an organizer, leader, man- prisoner’s specific needs and reassign the ‘‘(l) Section 2442, relating to the recruit- ager, or supervisor of others in the offense, prisoner to appropriate evidence-based rement or use of child soldiers. as determined under the guidelines promul- cidivism reduction programming or produc- ‘‘(li) An offense described in section gated by the United States Sentencing Com- tive activities based on such changes. 3559(c)(2)(F), for which the offender was sen- mission. ‘‘(6) RELATION TO OTHER INCENTIVE PRO- tenced to a term of imprisonment of more ‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of GRAMS.—The incentives described in this than 1 year, if the offender has a previous section 401(b)(1) of the Controlled Substances subsection shall be in addition to any other conviction, for which the offender served a Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or rewards or incentives for which a prisoner term of imprisonment of more than 1 year, (2)(F) of section 1010(b) of the Controlled may be eligible. for a Federal or State offense, by whatever Substances Import and Export Act (21 U.S.C. ‘‘(e) PENALTIES.—The Director of the Bu- designation and wherever committed, con- 960(b)), relating to manufacturing, distrib- reau of Prisons shall develop guidelines for sisting of murder (as described in section uting, dispensing, or possessing with intent the reduction of rewards and incentives 1111), voluntary manslaughter (as described to manufacture, distribute, or dispense, a earned under subsection (d) for prisoners who in section 1112), assault with intent to com- mixture or substance containing a detectable violate prison rules or evidence-based recidi- mit murder (as described in section 113(a)), amount of N-phenyl-N-[1-(2-phenylethyl)-4- vism reduction program or productive activ- aggravated sexual abuse and sexual abuse (as piperidinyl] propanamide, or any analogue ity rules, which shall provide— described in sections 2241 and 2242), abusive thereof. ‘‘(1) general levels of violations and result- sexual contact (as described in sections ‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) ing reductions; 2244(a)(1) and (a)(2)), kidnapping (as de- of section 401(b)(1) of the Controlled Sub- ‘‘(2) that any reduction that includes the scribed in chapter 55), carjacking (as de- stances Act (21 U.S.C. 841(b)(1)) or paragraph loss of time credits shall require written no- scribed in section 2119), arson (as described (1)(H) or (2)(H) of section 1010(b) the Con- tice to the prisoner, shall be limited to time in section 844(f)(3), (h), or (i)), or terrorism trolled Substances Import and Export Act (21 credits that a prisoner earned as of the date (as described in chapter 113B). U.S.C. 960(b)), relating to manufacturing, of the prisoner’s rule violation, and shall not

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7691 include any future time credits that the pris- of dyslexia, in prisons operated by the Bu- ‘‘(B) any decrease in recidivism that may oner may earn; and reau of Prisons and State-operated prisons be attributed to the System or the increase ‘‘(3) for a procedure to restore time credits throughout the United States; and in evidence-based recidivism reduction pro- that a prisoner lost as a result of a rule vio- ‘‘(2) incorporating the findings of the At- grams required under this subchapter. lation, based on the prisoner’s individual torney General under paragraph (1) of this ‘‘(7) An assessment of budgetary savings progress after the date of the rule violation. subsection into any directives given to the resulting from this subchapter, including— ‘‘(f) BUREAU OF PRISONS TRAINING.—The At- Bureau of Prisons under paragraph (5) of sub- ‘‘(A) a summary of the amount of savings torney General shall develop and implement section (a). resulting from the transfer of prisoners into training programs for Bureau of Prisons offi- ‘‘§ 3634. Report prerelease custody under this chapter, in- cers and employees responsible for admin- ‘‘Beginning on the date that is 2 years cluding savings resulting from the avoidance istering the System, which shall include— after the date of enactment of this sub- or deferral of future construction, acquisi- ‘‘(1) initial training to educate officers and chapter, and annually thereafter for a period tion, or operations costs; employees on how to use the System in an of 5 years, the Attorney General shall submit ‘‘(B) a summary of the amount of savings appropriate and consistent manner, as well a report to the Committees on the Judiciary resulting from any decrease in recidivism as the reasons for using the System; of the Senate and the House of Representa- that may be attributed to the implementa- ‘‘(2) continuing education; tives and the Subcommittees on Commerce, tion of the risk and needs assessment system ‘‘(3) periodic training updates; and Justice, Science, and Related Agencies of the or the increase in recidivism reduction pro- ‘‘(4) a requirement that such officers and Committees on Appropriations of the Senate grams and productive activities required by employees demonstrate competence in ad- and the House of Representatives that con- this subchapter; ministering the System, including interrater tains the following: ‘‘(C) a strategy to reinvest the savings de- reliability, on a biannual basis. ‘‘(1) A summary of the activities and ac- scribed in subparagraphs (A) and (B) in ‘‘(g) QUALITY ASSURANCE.—In order to en- complishments of the Attorney General in other— sure that the Bureau of Prisons is using the carrying out this Act. ‘‘(i) Federal, State, and local law enforce- System in an appropriate and consistent ‘‘(2) A summary and assessment of the ment activities; and manner, the Attorney General shall monitor types and effectiveness of the evidence-based ‘‘(ii) expansions of recidivism reduction and assess the use of the System, which shall recidivism reduction programs and produc- programs and productive activities in the include conducting annual audits of the Bu- tive activities in prisons operated by the Bu- Bureau of Prisons; and reau of Prisons regarding the use of the Sys- reau of Prisons, including— ‘‘(D) a description of how the reduced ex- tem. ‘‘(A) evidence about which programs have penditures on Federal corrections and the ‘‘(h) DYSLEXIA SCREENING.— been shown to reduce recidivism; budgetary savings resulting from this sub- ‘‘(1) SCREENING.—The Attorney General ‘‘(B) the capacity of each program and ac- chapter are currently being used and will be shall incorporate a dyslexia screening pro- tivity at each prison, including the number used to— gram into the System, including by screen- of prisoners along with the recidivism risk of ‘‘(i) increase investment in law enforce- ing for dyslexia during— each prisoner enrolled in each program; and ment and crime prevention to combat gangs ‘‘(A) the intake process; and ‘‘(C) identification of any gaps or shortages of national significance and high-level drug ‘‘(B) each periodic risk reassessment of a in capacity of such programs and activities. traffickers through the High Intensity Drug prisoner. ‘‘(3) Rates of recidivism among individuals Trafficking Areas Program and other task ‘‘(2) TREATMENT.—The Attorney General who have been released from Federal prison, forces; shall incorporate programs designed to treat based on the following criteria: ‘‘(ii) hire, train, and equip law enforcement dyslexia into the evidence-based recidivism ‘‘(A) The primary offense of conviction. officers and prosecutors; and reduction programs or productive activities ‘‘(B) The length of the sentence imposed ‘‘(iii) promote crime reduction programs required to be implemented under this sec- and served. using evidence-based practices and strategic tion. The Attorney General may also incor- ‘‘(C) The Bureau of Prisons facility or fa- planning to help reduce crime and criminal porate programs designed to treat other cilities in which the prisoner’s sentence was recidivism. learning disabilities. served. ‘‘(8) Statistics on— ‘‘(D) The evidence-based recidivism reduc- ‘‘§ 3633. Evidence-based recidivism reduction ‘‘(A) the prevalence of dyslexia among pris- tion programming that the prisoner success- program and recommendations oners in prisons operated by the Bureau of fully completed, if any. ‘‘(a) IN GENERAL.—Prior to releasing the Prisons; and ‘‘(E) The prisoner’s assessed and reassessed ‘‘(B) any change in the effectiveness of dys- System, in consultation with the Inde- risk of recidivism. pendent Review Committee authorized by lexia mitigation programs among such pris- ‘‘(F) The productive activities that the oners that may be attributed to the incorpo- the First Step Act of 2018, the Attorney Gen- prisoner successfully completed, if any. eral shall— ration of dyslexia screening into the System ‘‘(4) The status of prison work programs at and of dyslexia treatment into the evidence- ‘‘(1) review the effectiveness of evidence- facilities operated by the Bureau of Prisons, based recidivism reduction programs, as re- based recidivism reduction programs that including— quired under this chapter. exist as of the date of enactment of this sub- ‘‘(A) a strategy to expand the availability chapter in prisons operated by the Bureau of of such programs without reducing job op- ‘‘§ 3635. Definitions Prisons; portunities for workers in the United States ‘‘In this subchapter the following defini- ‘‘(2) review available information regard- who are not in the custody of the Bureau of tions apply: ing the effectiveness of evidence-based re- Prisons, including the feasibility of prisoners ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means cidivism reduction programs and productive manufacturing products purchased by Fed- an unexpected difficulty in reading for an in- activities that exist in State-operated pris- eral agencies that are manufactured over- dividual who has the intelligence to be a ons throughout the United States; seas; much better reader, most commonly caused ‘‘(3) identify the most effective evidence- ‘‘(B) an assessment of the feasibility of ex- by a difficulty in the phonological processing based recidivism reduction programs; panding such programs, consistent with the (the appreciation of the individual sounds of ‘‘(4) review the policies for entering into strategy required under subparagraph (A), spoken language), which affects the ability evidence-based recidivism reduction partner- with the goal that 5 years after the date of of an individual to speak, read, and spell. ships described in section 3621(h)(5); and enactment of this subchapter, not less than ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The ‘‘(5) direct the Bureau of Prisons regard- 75 percent of eligible minimum- and low-risk term ‘dyslexia screening program’ means a ing— offenders have the opportunity to participate screening program for dyslexia that is— ‘‘(A) evidence-based recidivism reduction in a prison work program for not less than 20 ‘‘(A) evidence-based (as defined in section programs; hours per week; and 8101(21) of the Elementary and Secondary ‘‘(B) the ability for faith-based organiza- ‘‘(C) a detailed discussion of legal authori- Education Act of 1965 (20 U.S.C. 7801(21))) tions to function as a provider of educational ties that would be useful or necessary to with proven psychometrics for validity; evidence-based programs outside of the reli- achieve the goals described in subparagraphs ‘‘(B) efficient and low-cost; and gious classes and services provided through (A) and (B). ‘‘(C) readily available. the Chaplaincy; and ‘‘(5) An assessment of the Bureau of Pris- ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION ‘‘(C) the addition of any new effective evi- ons’ compliance with section 3621(h). PROGRAM.—The term ‘evidence-based recidi- dence-based recidivism reduction programs ‘‘(6) An assessment of progress made to- vism reduction program’ means either a that the Attorney General finds. ward carrying out the purposes of this sub- group or individual activity that— ‘‘(b) REVIEW AND RECOMMENDATIONS RE- chapter, including any savings associated ‘‘(A) has been shown by empirical evidence GARDING DYSLEXIA MITIGATION.—In carrying with— to reduce recidivism or is based on research out subsection (a), the Attorney General ‘‘(A) the transfer of prisoners into indicating that it is likely to be effective in shall consider the prevalence and mitigation prerelease custody or supervised release reducing recidivism; of dyslexia in prisons, including by— under section 3624(g), including savings re- ‘‘(B) is designed to help prisoners succeed ‘‘(1) reviewing statistics on the prevalence sulting from the avoidance or deferral of fu- in their communities upon release from pris- of dyslexia, and the effectiveness of any pro- ture construction, acquisition, and oper- on; and grams implemented to mitigate the effects ations costs; and ‘‘(C) may include—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7692 CONGRESSIONAL RECORD — SENATE December 17, 2018 ‘‘(i) social learning and communication, programs and productive activities nec- medium-risk and high-risk prisoners, with interpersonal, anti-bullying, rejection re- essary to effectively implement the System; access to productive activities given to min- sponse, and other life skills; and imum-risk and low-risk prisoners. ‘‘(ii) family relationship building, struc- ‘‘(C) begin to implement the other risk and ‘‘(7) DEFINITIONS.—The terms in this sub- tured parent-child interaction, and parenting needs assessment tools necessary to effec- section have the meaning given those terms skills; tively implement the System over time, in section 3635.’’. ‘‘(iii) classes on morals or ethics; while prisoners are participating in and com- (b) PRERELEASE CUSTODY.— ‘‘(iv) academic classes; pleting the effective evidence-based recidi- (1) IN GENERAL.—Section 3624 of title 18, ‘‘(v) cognitive behavioral treatment; vism reduction programs and productive ac- United States Code, is amended— ‘‘(vi) mentoring; tivities. (A) in subsection (b)(1)— ‘‘(vii) substance abuse treatment; ‘‘(2) PHASE-IN.—In order to carry out para- (i) by striking ‘‘, beyond the time served, ‘‘(viii) vocational training; graph (1), so that every prisoner has the op- of up to 54 days at the end of each year of the ‘‘(ix) faith-based classes or services; portunity to participate in and complete the prisoner’s term of imprisonment, beginning ‘‘(x) civic engagement and reintegrative type and amount of evidence-based recidi- at the end of the first year of the term,’’ and community services; vism reduction programs or productive ac- inserting ‘‘of up to 54 days for each year of ‘‘(xi) a prison job, including through a pris- tivities they need, and be reassessed for re- the prisoner’s sentence imposed by the on work program; cidivism risk as necessary to effectively im- court,’’; and ‘‘(xii) victim impact classes or other re- plement the System, the Bureau of Prisons (ii) by striking ‘‘credit for the last year or storative justice programs; and shall— portion of a year of the term of imprison- ‘‘(xiii) trauma counseling and trauma-in- ‘‘(A) provide such evidence-based recidi- ment shall be prorated and credited within formed support programs. vism reduction programs and productive ac- the last six weeks of the sentence’’ and in- ‘‘(4) PRISONER.—The term ‘prisoner’ means tivities for all prisoners before the date that serting ‘‘credit for the last year of a term of a person who has been sentenced to a term of is 2 years after the date on which the Bureau imprisonment shall be credited on the first imprisonment pursuant to a conviction for a of Prisons completes a risk and needs assess- day of the last year of the term of imprison- Federal criminal offense, or a person in the ment for each prisoner under paragraph ment’’; and custody of the Bureau of Prisons. (1)(A); and (B) by adding at the end the following: ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro- ‘‘(B) develop and validate the risk and needs assessment tool to be used in the reas- ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED ductive activity’ means either a group or in- RELEASE FOR RISK AND NEEDS ASSESSMENT dividual activity that is designed to allow sessments of risk of recidivism, while prisoners are participating in and completing SYSTEM PARTICIPANTS.— prisoners determined as having a minimum ‘‘(1) ELIGIBLE PRISONERS.—This subsection or low risk of recidivating to remain produc- evidence-based recidivism reduction programs and productive activities. applies in the case of a prisoner (as such tive and thereby maintain a minimum or low term is defined in section 3635) who— risk of recidivating, and may include the de- ‘‘(3) PRIORITY DURING PHASE-IN.—During the 2-year period described in paragraph ‘‘(A) has earned time credits under the risk livery of the programs described in para- and needs assessment system developed graph (1) to other prisoners. (2)(A), the priority for such programs and activities shall be accorded based on a pris- under subchapter D (referred to in this sub- ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.— oner’s proximity to release date. section as the ‘System’) in an amount that is The term ‘risk and needs assessment tool’ ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- equal to the remainder of the prisoner’s im- means an objective and statistically vali- BASED RECIDIVISM REDUCTION PROGRAMS AND posed term of imprisonment; dated method through which information is AUTHORITY TO USE INCENTIVES.—Beginning on ‘‘(B) has shown through the periodic risk collected and evaluated to determine— the date of enactment of this subsection, the reassessments a demonstrated recidivism ‘‘(A) as part of the intake process, the risk Bureau of Prisons may begin to expand any risk reduction or has maintained a minimum that a prisoner will recidivate upon release evidence-based recidivism reduction pro- or low recidivism risk, during the prisoner’s from prison; grams and productive activities that exist at term of imprisonment; ‘‘(B) the recidivism reduction programs a prison as of such date, and may offer to ‘‘(C) has had the remainder of the pris- that will best minimize the risk that the prisoners who successfully participate in oner’s imposed term of imprisonment com- prisoner will recidivate upon release from such programs and activities the incentives puted under applicable law; and prison; and and rewards described in subchapter D. ‘‘(D)(i) in the case of a prisoner being ‘‘(C) the periodic reassessment of risk that ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— placed in prerelease custody, the prisoner— a prisoner will recidivate upon release from In order to expand evidence-based recidivism ‘‘(I) has been determined under the System prison, based on factors including indicators reduction programs and productive activi- to be a minimum or low risk to recidivate of progress and of regression, that are dy- ties, the Attorney General shall develop poli- pursuant to the last 2 reassessments of the namic and that can reasonably be expected cies for the warden of each prison of the Bu- prisoner; or to change while in prison.’’. reau of Prisons to enter into partnerships, ‘‘(II) has had a petition to be transferred to (b) CLERICAL AMENDMENT.—The table of subject to the availability of appropriations, prerelease custody or supervised release ap- subchapters for chapter 229 of title 18, United with any of the following: proved by the warden of the prison, after the States Code, is amended by adding at the end ‘‘(A) Nonprofit and other private organiza- warden’s determination that— the following: tions, including faith-based, art, and commu- ‘‘(aa) the prisoner would not be a danger to ‘‘D. Risk and Needs Assessment ...... 3631’’. nity-based organizations that will deliver re- society if transferred to prerelease custody SEC. 102. IMPLEMENTATION OF SYSTEM AND cidivism reduction programming on a paid or or supervised release; RECOMMENDATIONS BY BUREAU OF volunteer basis. ‘‘(bb) the prisoner has made a good faith ef- PRISONS. ‘‘(B) Institutions of higher education (as fort to lower their recidivism risk through (a) IMPLEMENTATION OF SYSTEM GEN- defined in section 101 of the Higher Edu- participation in recidivism reduction pro- ERALLY.—Section 3621 of title 18, United cation Act of 1965 (20 U.S.C. 1001)) that will grams or productive activities; and States Code, is amended by adding at the end deliver instruction on a paid or volunteer ‘‘(cc) the prisoner is unlikely to recidivate; the following: basis. or ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ‘‘(C) Private entities that will— ‘‘(ii) in the case of a prisoner being placed ASSESSMENT SYSTEM.— ‘‘(i) deliver vocational training and certifi- in supervised release, the prisoner has been ‘‘(1) IN GENERAL.—Not later than 180 days cations; determined under the System to be a min- after the Attorney General completes and re- ‘‘(ii) provide equipment to facilitate voca- imum or low risk to recidivate pursuant to leases the risk and needs assessment system tional training or employment opportunities the last reassessment of the prisoner. (referred to in this subsection as the ‘Sys- for prisoners; ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A tem’) developed under subchapter D, the Di- ‘‘(iii) employ prisoners; or prisoner shall be placed in prerelease cus- rector of the Bureau of Prisons shall, in ac- ‘‘(iv) assist prisoners in prerelease custody tody as follows: cordance with that subchapter— or supervised release in finding employment. ‘‘(A) HOME CONFINEMENT.— ‘‘(A) implement and complete the initial ‘‘(D) Industry-sponsored organizations that ‘‘(i) IN GENERAL.—A prisoner placed in intake risk and needs assessment for each will deliver workforce development and prerelease custody pursuant to this sub- prisoner (including for each prisoner who training, on a paid or volunteer basis. section who is placed in home confinement was a prisoner prior to the effective date of ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO shall— this subsection), regardless of the prisoner’s ALL PRISONERS; PRIORITY.—The Director of ‘‘(I) be subject to 24-hour electronic moni- length of imposed term of imprisonment, and the Bureau of Prisons shall provide all pris- toring that enables the prompt identification begin to assign prisoners to appropriate evi- oners with the opportunity to actively par- of the prisoner, location, and time, in the dence-based recidivism reduction programs ticipate in evidence-based recidivism reduc- case of any violation of subclause (II); based on that determination; tion programs or productive activities, ac- ‘‘(II) remain in the prisoner’s residence, ex- ‘‘(B) begin to expand the effective evi- cording to their specific criminogenic needs, cept that the prisoner may leave the pris- dence-based recidivism reduction programs throughout their entire term of incarcer- oner’s home in order to, subject to the ap- and productive activities it offers and add ation. Priority for participation in recidi- proval of the Director of the Bureau of Pris- any new evidence-based recidivism reduction vism reduction programs shall be given to ons—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7693 ‘‘(aa) perform a job or job-related activi- ‘‘(A) the appropriate type of prerelease cus- productive activities (as such terms are de- ties, including an apprenticeship, or partici- tody or supervised release and level of super- fined in section 3635 of title 18, United States pate in job-seeking activities; vision for a prisoner placed on prerelease Code, as added by section 101(a) of this Act). ‘‘(bb) participate in evidence-based recidi- custody pursuant to this subsection; and (3) Whether the Bureau of Prisons is offer- vism reduction programming or productive ‘‘(B) consequences for a violation of a con- ing the type, amount, and intensity of recidi- activities assigned by the System, or similar dition of such prerelease custody by such a vism reduction programs and productive ac- activities; prisoner, including a return to prison and a tivities for prisoners to earn the maximum ‘‘(cc) perform community service; reassessment of evidence-based recidivism amount of time credits for which they are el- ‘‘(dd) participate in crime victim restora- risk level under the System. igible. tion activities; ‘‘(7) AGREEMENTS WITH UNITED STATES PRO- (4) Whether the Attorney General is car- ‘‘(ee) receive medical treatment; BATION AND PRETRIAL SERVICES.—The Direc- rying out the duties under section 3631(b) of ‘‘(ff) attend religious activities; or tor of the Bureau of Prisons shall, to the title 18, United States Code, as added by sec- ‘‘(gg) participate in other family-related greatest extent practicable, enter into agree- tion 101(a) of this Act. activities that facilitate the prisoner’s suc- ments with United States Probation and (5) Whether officers and employees of the cessful reentry such as a family funeral, a Pretrial Services to supervise prisoners Bureau of Prisons are receiving the training family wedding, or to visit a family member placed in home confinement under this sub- described in section 3632(f) of title 18, United who is seriously ill; and section. Such agreements shall— States Code, as added by section 101(a) of ‘‘(III) comply with such other conditions as ‘‘(A) authorize United States Probation this Act. the Director determines appropriate. and Pretrial Services to exercise the author- (6) Whether the Bureau of Prisons offers ‘‘(ii) ALTERNATE MEANS OF MONITORING.—If ity granted to the Director pursuant to para- work assignments to all prisoners who might the electronic monitoring of a prisoner de- graphs (3) and (4); and benefit from such an assignment. scribed in clause (i)(I) is infeasible for tech- ‘‘(B) take into account the resource re- (7) Whether the Bureau of Prisons transfers nical or religious reasons, the Director of the quirements of United States Probation and prisoners to prerelease custody or supervised Bureau of Prisons may use alternative Pretrial Services as a result of the transfer release as soon as they are eligible for such means of monitoring a prisoner placed in of Bureau of Prisons prisoners to prerelease a transfer under section 3624(g) of title 18, home confinement that the Director deter- custody or supervised release. United States Code, as added by section mines are as effective or more effective than ‘‘(8) ASSISTANCE.—United States Probation 102(b) of this Act. the electronic monitoring described in clause and Pretrial Services shall, to the greatest (8) The rates of recidivism among similarly (i)(I). extent practicable, offer assistance to any classified prisoners to identify any unwar- ‘‘(iii) MODIFICATIONS.—The Director of the prisoner not under its supervision during ranted disparities, including disparities Bureau of Prisons may modify the conditions prerelease custody under this subsection. among similarly classified prisoners of dif- described in clause (i) if the Director deter- ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL ferent demographic groups, in such rates. mines that a compelling reason exists to do SERVICES.—Any prerelease custody into SEC. 104. AUTHORIZATION OF APPROPRIATIONS. so, and that the prisoner has demonstrated which a prisoner is placed under this sub- (a) IN GENERAL.—There is authorized to be exemplary compliance with such conditions. section may not include a condition prohib- appropriated to carry out this title URATION.—Except as provided in ‘‘(iv) D iting the prisoner from receiving mentoring, $75,000,000 for each of fiscal years 2019 paragraph (4), a prisoner who is placed in reentry, or spiritual services from a person through 2023. Of the amount appropriated home confinement shall remain in home con- who provided such services to the prisoner under this subsection, 80 percent shall be re- finement until the prisoner has served not while the prisoner was incarcerated, except served for use by the Director of the Bureau less than 85 percent of the prisoner’s imposed that the warden of the facility at which the of Prisons to implement the system under term of imprisonment. prisoner was incarcerated may waive the re- section 3621(h) of title 18, United States ‘‘(B) RESIDENTIAL REENTRY CENTER.—A quirement under this paragraph if the war- Code, as added by section 102(a) of this Act. prisoner placed in prerelease custody pursu- den finds that the provision of such services (b) SAVINGS.—It is the sense of Congress ant to this subsection who is placed at a resi- would pose a significant security risk to the that any savings associated with reductions dential reentry center shall be subject to prisoner, persons who provide such services, in recidivism that result from this title such conditions as the Director of the Bu- or any other person. The warden shall pro- should be reinvested— reau of Prisons determines appropriate. vide written notice of any such waiver to the (1) to supplement funding for programs ‘‘(3) SUPERVISED RELEASE.—If the sen- person providing such services and to the that increase public safety by providing re- tencing court included as a part of the pris- prisoner. sources to State and local law enforcement oner’s sentence a requirement that the pris- ‘‘(10) TIME LIMITS INAPPLICABLE.—The time officials, including for the adoption of inno- oner be placed on a term of supervised re- limits under subsections (b) and (c) shall not vative technologies and information sharing lease after imprisonment pursuant to section apply to prerelease custody under this sub- capabilities; 3583, the Director of the Bureau of Prisons section. (2) into evidence-based recidivism reduc- may transfer the prisoner to begin any such ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The tion programs offered by the Bureau of Pris- term of supervised release at an earlier date, Director of the Bureau of Prisons shall en- ons; and not to exceed 12 months, based on the appli- sure there is sufficient prerelease custody (3) into ensuring eligible prisoners have ac- cation of time credits under section 3632. capacity to accommodate all eligible pris- cess to such programs and productive activi- ‘‘(4) DETERMINATION OF CONDITIONS.—In de- oners.’’. ties offered by the Bureau of Prisons. termining appropriate conditions for pris- (2) EFFECTIVE DATE.—The amendments SEC. 105. RULE OF CONSTRUCTION. oners placed in prerelease custody pursuant made by this subsection shall take effect be- Nothing in this Act, or the amendments to this subsection, the Director of the Bu- ginning on the date that the Attorney Gen- made by this Act, may be construed to pro- reau of Prisons shall, to the extent prac- eral completes and releases the risk and vide authority to place a prisoner in ticable, provide that increasingly less re- needs assessment system under subchapter D prerelease custody or supervised release who strictive conditions shall be imposed on pris- of chapter 229 of title 18, United States Code, is serving a term of imprisonment pursuant oners who demonstrate continued compli- as added by section 101(a) of this Act. to a conviction for an offense under the laws ance with the conditions of such prerelease (3) APPLICABILITY.—The amendments made of one of the 50 States, or of a territory or custody, so as to most effectively prepare by this subsection shall apply with respect possession of the United States or to amend such prisoners for reentry. to offenses committed before, on, or after the or affect the enforcement of the immigration ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris- date of enactment of this Act, except that laws, as defined in section 101 of the Immi- oner violates a condition of the prisoner’s such amendments shall not apply with re- gration and Nationality Act (8 U.S.C. 1101). prerelease custody, the Director of the Bu- spect to offenses committed before Novem- SEC. 106. FAITH-BASED CONSIDERATIONS. reau of Prisons may impose such additional ber 1, 1987. (a) IN GENERAL.—In considering any pro- conditions on the prisoner’s prerelease cus- SEC. 103. GAO REPORT. gram, treatment, regimen, group, company, tody as the Director of the Bureau of Prisons Not later than 2 years after the Director of charity, person, or entity of any kind under determines appropriate, or revoke the pris- the Bureau of Prisons implements the risk any provision of this Act, or the amend- oner’s prerelease custody and require the and needs assessment system under section ments made by this Act, the fact that it may prisoner to serve the remainder of the term 3621 of title 18, United States Code, and every be or is faith-based may not be a basis for of imprisonment to which the prisoner was 2 years thereafter, the Comptroller General any discrimination against it in any manner sentenced, or any portion thereof, in prison. of the United States shall conduct an audit or for any purpose. If the violation is nontechnical in nature, of the use of the risk and needs assessment (b) ELIGIBILITY FOR EARNED TIME CREDIT.— the Director of the Bureau of Prisons shall system at Bureau of Prisons facilities. The Participation in a faith-based program, revoke the prisoner’s prerelease custody. audit shall include analysis of the following: treatment, or regimen may qualify a pris- ‘‘(6) ISSUANCE OF GUIDELINES.—The Attor- (1) Whether inmates are being assessed oner for earned time credit under subchapter ney General, in consultation with the Assist- under the risk and needs assessment system D of chapter 229 of title 18, United States ant Director for the Office of Probation and with the frequency required under such sec- Code, as added by section 101(a) of this Act, Pretrial Services, shall issue guidelines for tion 3621 of title 18, United States Code. however, the Director of the Bureau of Pris- use by the Bureau of Prisons in deter- (2) Whether the Bureau of Prisons is able ons shall ensure that non-faith-based pro- mining— to offer recidivism reduction programs and grams that qualify for earned time credit are

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7694 CONGRESSIONAL RECORD — SENATE December 17, 2018 offered at each Bureau of Prisons facility in Sec. 607. Evidence-Based treatment for ‘‘(E) an evaluation of the rates of recidi- addition to any such faith-based programs. opioid and heroin abuse. vism among similarly classified prisoners to (c) LIMITATION ON ACTIVITIES.—A group, Sec. 608. Pilot programs. identify any unwarranted disparities, includ- company, charity, person, or entity may not Sec. 609. Ensuring supervision of released ing disparities among similarly classified engage in explicitly religious sexually dangerous persons. prisoners of different demographic groups, in Sec. 610. Data collection. such rates; SA 4132. Mr. CRUZ submitted an Sec. 611. Healthcare products. ‘‘(5) make any revisions or updates to the amendment intended to be proposed to Sec. 612. Adult and juvenile collaboration risk and needs assessment system that the amendment SA 4108 proposed by Mr. programs. Attorney General determines appropriate Sec. 613. Juvenile solitary confinement. pursuant to the review under paragraph (4), MCCONNELL (for Mr. GRASSLEY) to the TITLE I—RECIDIVISM REDUCTION including updates to ensure that any dispari- bill S. 756, to reauthorize and amend ties identified in paragraph (4)(E) are re- SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. the Marine Debris Act to promote duced to the greatest extent possible; and (a) IN GENERAL.—Chapter 229 of title 18, international action to reduce marine ‘‘(6) report to Congress in accordance with debris, and for other purposes; which United States Code, is amended by inserting section 3634. after subchapter C the following: was ordered to lie on the table; as fol- ‘‘§ 3632. Development of risk and needs as- lows: ‘‘SUBCHAPTER D—RISK AND NEEDS sessment system ASSESSMENT SYSTEM Strike all after the first word and insert ‘‘(a) IN GENERAL.—Not later than 210 days ‘‘Sec. the following: after the date of enactment of this sub- ‘‘3631. Duties of the Attorney General. chapter, the Attorney General, in consulta- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘3632. Development of risk and needs assess- tion with the Independent Review Com- (a) SHORT TITLE.—This Act may be cited as ment system. mittee authorized by the First Step Act of the ‘‘First Step Act of 2018’’. ‘‘3633. Evidence-based recidivism reduction 2018, shall develop and release publicly on (b) TABLE OF CONTENTS.—The table of con- program and recommendations. the Department of Justice website a risk and tents for this Act is as follows: ‘‘3634. Report. needs assessment system (referred to in this Sec. 1. Short title; table of contents. ‘‘3635. Definitions. subchapter as the ‘System’), which shall be TITLE I—RECIDIVISM REDUCTION ‘‘§ 3631. Duties of the Attorney General used to— ‘‘(1) determine the recidivism risk of each Sec. 101. Risk and needs assessment system. ‘‘(a) IN GENERAL.—The Attorney General Sec. 102. Implementation of system and rec- shall carry out this subchapter in consulta- prisoner as part of the intake process, and ommendations by Bureau of tion with— classify each prisoner as having minimum, Prisons. ‘‘(1) the Director of the Bureau of Prisons; low, medium, or high risk for recidivism; Sec. 103. GAO report. ‘‘(2) the Director of the Administrative Of- ‘‘(2) assess and determine, to the extent practicable, the risk of violent or serious Sec. 104. Authorization of appropriations. fice of the United States Courts; misconduct of each prisoner; Sec. 105. Rule of construction. ‘‘(3) the Director of the Office of Probation ‘‘(3) determine the type and amount of evi- Sec. 106. Faith-based considerations. and Pretrial Services; dence-based recidivism reduction program- Sec. 107. Independent Review Committee. ‘‘(4) the Director of the National Institute ming that is appropriate for each prisoner TITLE II—BUREAU OF PRISONS SECURE of Justice; and assign each prisoner to such program- ‘‘(5) the Director of the National Institute FIREARMS STORAGE ming accordingly, and based on the pris- of Corrections; and Sec. 201. Short title. oner’s specific criminogenic needs, and in ac- ‘‘(6) the Independent Review Committee Sec. 202. Secure firearms storage. cordance with subsection (b); authorized by the First Step Act of 2018. TITLE III—RESTRAINTS ON PREGNANT ‘‘(4) reassess the recidivism risk of each ‘‘(b) DUTIES.—The Attorney General shall— PRISONERS PROHIBITED prisoner periodically, based on factors in- ‘‘(1) conduct a review of the existing pris- cluding indicators of progress, and of regres- Sec. 301. Use of restraints on prisoners dur- oner risk and needs assessment systems in ing the period of pregnancy and sion, that are dynamic and that can reason- operation on the date of enactment of this ably be expected to change while in prison; postpartum recovery prohib- subchapter; ited. ‘‘(5) reassign the prisoner to appropriate ‘‘(2) develop recommendations regarding evidence-based recidivism reduction pro- TITLE IV—SENTENCING REFORM evidence-based recidivism reduction programs or productive activities based on the Sec. 401. Reduce and restrict enhanced sen- grams and productive activities in accord- revised determination to ensure that— tencing for prior drug felonies. ance with section 3633; ‘‘(A) all prisoners at each risk level have a Sec. 402. Broadening of existing safety ‘‘(3) conduct ongoing research and data meaningful opportunity to reduce their clas- valve. analysis on— sification during the period of incarceration; Sec. 403. Clarification of section 924(c) of ‘‘(A) evidence-based recidivism reduction ‘‘(B) to address the specific criminogenic title 18, United States Code. programs relating to the use of prisoner risk needs of the prisoner; and Sec. 404. Application of Fair Sentencing and needs assessment tools; ‘‘(C) all prisoners are able to successfully Act. ‘‘(B) the most effective and efficient uses participate in such programs; of such programs; TITLE V—SECOND CHANCE ACT OF 2007 ‘‘(6) determine when to provide incentives ‘‘(C) which evidence-based recidivism re- REAUTHORIZATION and rewards for successful participation in duction programs are the most effective at evidence-based recidivism reduction pro- Sec. 501. Short title. reducing recidivism, and the type, amount, grams or productive activities in accordance Sec. 502. Improvements to existing pro- and intensity of programming that most ef- with subsection (e); grams. fectively reduces the risk of recidivism; and ‘‘(7) determine when a prisoner is ready to Sec. 503. Audit and accountability of grant- ‘‘(D) products purchased by Federal agen- transfer into prerelease custody or super- ees. cies that are manufactured overseas and vised release in accordance with section 3624; Sec. 504. Federal reentry improvements. could be manufactured by prisoners partici- and Sec. 505. Federal interagency reentry co- pating in a prison work program without re- ‘‘(8) determine the appropriate use of audio ordination. ducing job opportunities for other workers in technology for program course materials Sec. 506. Conference expenditures. the United States; with an understanding of dyslexia. Sec. 507. Evaluation of the Second Chance ‘‘(4) on an annual basis, review, validate, In carrying out this subsection, the Attorney Act program. and release publicly on the Department of Sec. 508. GAO review. General may use existing risk and needs as- Justice website the risk and needs assess- sessment tools, as appropriate. TITLE VI—MISCELLANEOUS CRIMINAL ment system, which review shall include— ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RE- JUSTICE ‘‘(A) any subsequent changes to the risk CIDIVISM REDUCTION PROGRAMS.—The System Sec. 601. Placement of prisoners close to and needs assessment system made after the shall provide guidance on the type, amount, families. date of enactment of this subchapter; and intensity of evidence-based recidivism Sec. 602. Home confinement for low-risk ‘‘(B) the recommendations developed under reduction programming and productive ac- prisoners. paragraph (2), using the research conducted tivities that shall be assigned for each pris- Sec. 603. Federal prisoner reentry initiative under paragraph (3); oner, including— reauthorization; modification ‘‘(C) an evaluation to ensure that the risk ‘‘(1) programs in which the Bureau of Pris- of imposed term of imprison- and needs assessment system bases the as- ons shall assign the prisoner to participate, ment. sessment of each prisoner’s risk of recidi- according to the prisoner’s specific Sec. 604. Identification for returning citi- vism on indicators of progress and of regres- criminogenic needs; and zens. sion that are dynamic and that can reason- ‘‘(2) information on the best ways that the Sec. 605. Expanding inmate employment ably be expected to change while in prison; Bureau of Prisons can tailor the programs to through Federal Prison Indus- ‘‘(D) statistical validation of any tools the specific criminogenic needs of each pris- tries. that the risk and needs assessment system oner so as to most effectively lower each Sec. 606. De-escalation training. uses; and prisoner’s risk of recidivism.

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‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.— ‘‘(C) APPLICATION OF TIME CREDITS TOWARD ‘‘(xxiii) Section 1030(a)(1), relating to fraud The System shall provide guidance on pro- PRERELEASE CUSTODY OR SUPERVISED RE- and related activity in connection with com- gram grouping and housing assignment de- LEASE.—Time credits earned under this para- puters. terminations and, after accounting for the graph by prisoners who successfully partici- ‘‘(xxiv) Section 1091, relating to genocide. safety of each prisoner and other individuals pate in recidivism reduction programs or ‘‘(xxv) Any section of chapter 51, relating at the prison, provide that prisoners with a productive activities shall be applied toward to homicide, except for section 1112 (relating similar risk level be grouped together in time in prerelease custody or supervised re- to manslaughter), 1113 (relating to attempt housing and assignment decisions to the ex- lease. The Director of the Bureau of Prisons to commit murder or manslaughter, but only tent practicable. shall transfer eligible prisoners, as deter- if the conviction was for an attempt to com- ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUC- mined under section 3624(g), into prerelease mit manslaughter), 1115 (relating to mis- TION PROGRAM INCENTIVES AND PRODUCTIVE custody or supervised release. conduct or neglect of ship officers), or 1122 ACTIVITIES REWARDS.—The System shall pro- ‘‘(D) INELIGIBLE PRISONERS.—A prisoner is (relating to protection against the human vide incentives and rewards for prisoners to ineligible to receive time credits under this immunodeficiency virus). participate in and complete evidence-based recidivism reduction programs as follows: paragraph if the prisoner is serving a sen- ‘‘(xxvi) Any section of chapter 55, relating tence for a conviction under any of the fol- to kidnapping. ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A prisoner who is successfully participating in lowing provisions of law: ‘‘(xxvii) Any offense under chapter 77, re- an evidence-based recidivism reduction pro- ‘‘(i) Section 32, relating to destruction of lating to peonage, slavery, and trafficking in gram shall receive— aircraft or aircraft facilities. persons, except for sections 1593 through ‘‘(A) phone privileges, or, if available, ‘‘(ii) Section 33, relating to destruction of 1596. video conferencing privileges, for up to 30 motor vehicles or motor vehicle facilities. ‘‘(xxviii) Section 1751, relating to Presi- minutes per day, and up to 510 minutes per ‘‘(iii) Section 36, relating to drive-by shoot- dential and Presidential staff assassination, month; and ings. kidnapping, and assault. ‘‘(B) additional time for visitation at the ‘‘(iv) Section 81, relating to arson within ‘‘(xxix) Section 1791, relating to providing prison, as determined by the warden of the special maritime and territorial jurisdiction. or possessing contraband in prison. prison. ‘‘(v) Section 111(b), relating to assaulting, ‘‘(xxx) Section 1792, relating to mutiny and ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO resisting, or impeding certain officers or em- riots. RELEASE RESIDENCE.—A prisoner who is suc- ployees using a deadly or dangerous weapon ‘‘(xxxi) Section 1841(a)(2)(C), relating to in- cessfully participating in an evidence-based or inflicting bodily injury. tentionally killing or attempting to kill an recidivism reduction program shall be con- ‘‘(vi) Paragraph (1), (7), or (8) of section unborn child. sidered by the Bureau of Prisons for place- 113(a), relating to assault with intent to ‘‘(xxxii) Section 1992, relating to terrorist ment in a facility closer to the prisoner’s re- commit murder, assault resulting in sub- attacks and other violence against railroad lease residence upon request from the pris- stantial bodily injury to a spouse or inti- carriers and against mass transportation oner and subject to— mate partner, a dating partner, or an indi- systems on land, on water, or through the ‘‘(A) bed availability at the transfer facil- vidual who has not attained the age of 16 air. ity; years, or assault of a spouse, intimate part- ‘‘(xxxiii) Section 2113(e), relating to bank ‘‘(B) the prisoner’s security designation; ner, or dating partner by strangling, suffo- robbery resulting in death. and cating, or attempting to strangle or suf- ‘‘(xxxiv) Section 2118(c), relating to rob- ‘‘(C) the recommendation from the warden focate. beries and burglaries involving controlled of the prison at which the prisoner is incar- ‘‘(vii) Section 115, relating to influencing, substances resulting in assault, putting in cerated at the time of making the request. impeding, or retaliating against a Federal jeopardy the life of any person by the use of ‘‘(3) ADDITIONAL POLICIES.—The Director of official by injuring a family member, except a dangerous weapon or device, or death. the Bureau of Prisons shall develop addi- for a threat made in violation of that sec- ‘‘(xxxv) Section 2119, relating to taking a tional policies to provide appropriate incen- tion. motor vehicle (commonly referred to as tives for successful participation and com- ‘‘(viii) Section 116, relating to female gen- ‘carjacking’). pletion of evidence-based recidivism reduc- ital mutilation. ‘‘(xxxvi) Any section of chapter 105, relat- tion programming. The incentives shall in- ‘‘(ix) Section 117, relating to domestic as- ing to sabotage, except for section 2152. clude not less than 2 of the following: sault by a habitual offender. ‘‘(xxxvii) Any section of chapter 109A, re- ‘‘(A) Increased commissary spending limits ‘‘(x) Any section of chapter 10, relating to lating to sexual abuse. and product offerings. biological weapons. ‘‘(xxxviii) Section 2250, relating to failure ‘‘(B) Extended opportunities to access the ‘‘(xi) Any section of chapter 11B, relating to register as a sex offender. email system. to chemical weapons. ‘‘(xxxix) Section 2251, relating to the sex- ‘‘(C) Consideration of transfer to preferred ‘‘(xii) Section 351, relating to Congres- ual exploitation of children. housing units (including transfer to different sional, Cabinet, and Supreme Court assas- ‘‘(xl) Section 2251A, relating to the selling prison facilities). sination, kidnapping, and assault. or buying of children. ‘‘(D) Other incentives solicited from pris- ‘‘(xiii) Section 521, relating to criminal ‘‘(xli) Section 2252, relating to certain ac- oners and determined appropriate by the Di- street gangs. tivities relating to material involving the rector. ‘‘(xiv) Section 751, relating to prisoners in sexual exploitation of minors. ‘‘(4) TIME CREDITS.— custody of an institution or officer. ‘‘(xlii) Section 2252A, relating to certain ‘‘(A) IN GENERAL.—A prisoner, except for an ‘‘(xv) Section 793, relating to gathering, activities involving material constituting or ineligible prisoner under subparagraph (D), transmitting, or losing defense information. containing child pornography. who successfully completes evidence-based ‘‘(xvi) Section 794, relating to gathering or ‘‘(xliii) Section 2260, relating to the pro- recidivism reduction programming or pro- delivering defense information to aid a for- duction of sexually explicit depictions of a ductive activities, shall earn time credits as eign government. minor for importation into the United follows: ‘‘(xvii) Any section of chapter 39, relating States. ‘‘(i) A prisoner shall earn 10 days of time to explosives and other dangerous articles, ‘‘(xliv) Section 2283, relating to the trans- credits for every 30 days of successful par- except for section 836 (relating to the transportation of explosive, biological, chemical, ticipation in evidence-based recidivism re- portation of fireworks into a State prohib- or radioactive or nuclear materials. duction programming or productive activi- iting sale or use). ‘‘(xlv) Section 2284, relating to the trans- ties. ‘‘(xviii) Section 842(p), relating to distribu- portation of terrorists. ‘‘(ii) A prisoner determined by the Bureau tion of information relating to explosives, ‘‘(xlvi) Section 2291, relating to the de- of Prisons to be at a minimum or low risk destructive devices, and weapons of mass destruction of a vessel or maritime facility, for recidivating, who, over 2 consecutive as- struction, but only if the conviction involved but only if the conduct that led to the con- sessments, has not increased their risk of re- a weapon of mass destruction (as defined in viction involved a substantial risk of death cidivism, shall earn an additional 5 days of section 2332a(c)). or serious bodily injury. time credits for every 30 days of successful ‘‘(xix) Subsection (f)(3), (h), or (i) of section ‘‘(xlvii) Any section of chapter 113B, relat- participation in evidence-based recidivism 844, relating to the use of fire or an explo- ing to terrorism. reduction programming or productive activi- sive. ‘‘(xlviii) Section 2340A, relating to torture. ties. ‘‘(xx) Section 871, relating to threats ‘‘(xlix) Section 2381, relating to treason. ‘‘(B) AVAILABILITY.—A prisoner may not against the President and successors to the ‘‘(l) Section 2442, relating to the recruit- earn time credits under this paragraph for an Presidency. ment or use of child soldiers. evidence-based recidivism reduction program ‘‘(xxi) Section 879, relating to threats ‘‘(li) An offense described in section that the prisoner successfully completed— against former Presidents and certain other 3559(c)(2)(F), for which the offender was sen- ‘‘(i) prior to the date of enactment of this persons. tenced to a term of imprisonment of more subchapter; or ‘‘(xxii) Section 924(c), relating to unlawful than 1 year, if the offender has a previous ‘‘(ii) during official detention prior to the possession or use of a firearm during and in conviction, for which the offender served a date that the prisoner’s sentence commences relation to any crime of violence or drug term of imprisonment of more than 1 year, under section 3585(a). trafficking crime. for a Federal or State offense, by whatever

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designation and wherever committed, con- 960(b)), relating to manufacturing, distrib- ‘‘(e) PENALTIES.—The Director of the Bu- sisting of murder (as described in section uting, dispensing, or possessing with intent reau of Prisons shall develop guidelines for 1111), voluntary manslaughter (as described to manufacture, distribute, or dispense, a the reduction of rewards and incentives in section 1112), assault with intent to com- mixture or substance containing a detectable earned under subsection (d) for prisoners who mit murder (as described in section 113(a)), amount of N-phenyl-N-[1-(2-phenylethyl)-4- violate prison rules or evidence-based recidi- aggravated sexual abuse and sexual abuse (as piperidinyl] propanamide, or any analogue vism reduction program or productive activ- described in sections 2241 and 2242), abusive thereof. ity rules, which shall provide— sexual contact (as described in sections ‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) ‘‘(1) general levels of violations and result- 2244(a)(1) and (a)(2)), kidnapping (as de- of section 401(b)(1) of the Controlled Sub- ing reductions; scribed in chapter 55), carjacking (as de- stances Act (21 U.S.C. 841(b)(1)) or paragraph ‘‘(2) that any reduction that includes the scribed in section 2119), arson (as described (1)(H) or (2)(H) of section 1010(b) the Con- loss of time credits shall require written no- in section 844(f)(3), (h), or (i)), or terrorism trolled Substances Import and Export Act (21 tice to the prisoner, shall be limited to time (as described in chapter 113B). U.S.C. 960(b)), relating to manufacturing, credits that a prisoner earned as of the date ‘‘(lii) Section 57(b) of the Atomic Energy distributing, dispensing, or possessing with of the prisoner’s rule violation, and shall not Act of 1954 (42 U.S.C. 2077(b)), relating to the intent to manufacture, distribute, or dis- include any future time credits that the pris- engagement or participation in the develop- pense, or knowingly importing or exporting, oner may earn; and ment or production of special nuclear mate- a mixture of substance containing a detect- ‘‘(3) for a procedure to restore time credits rial. able amount of methamphetamine, its salts, that a prisoner lost as a result of a rule vio- ‘‘(liii) Section 92 of the Atomic Energy Act isomers, or salts of its isomers, if the sen- lation, based on the prisoner’s individual of 1954 (42 U.S.C. 2122), relating to prohibi- tencing court finds that the offender was an progress after the date of the rule violation. tions governing atomic weapons. organizer, leader, manager, or supervisor of ‘‘(f) BUREAU OF PRISONS TRAINING.—The At- ‘‘(liv) Section 101 of the Atomic Energy others in the offense, as determined under torney General shall develop and implement Act of 1954 (42 U.S.C. 2131), relating to the the guidelines promulgated by the United training programs for Bureau of Prisons offi- atomic energy license requirement. States Sentencing Commission. cers and employees responsible for admin- ‘‘(lv) Section 224 or 225 of the Atomic En- istering the System, which shall include— ergy Act of 1954 (42 U.S.C. 2274, 2275), relating ‘‘(lxviii) Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 ‘‘(1) initial training to educate officers and to the communication or receipt of re- employees on how to use the System in an stricted data. U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Im- appropriate and consistent manner, as well ‘‘(lvi) Section 236 of the Atomic Energy as the reasons for using the System; Act of 1954 (42 U.S.C. 2284), relating to the port and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dis- ‘‘(2) continuing education; sabotage of nuclear facilities or fuel. ‘‘(3) periodic training updates; and ‘‘(lvii) Section 60123(b) of title 49, relating pensing, or possessing with intent to manufacture, distribute, or dispense, a controlled ‘‘(4) a requirement that such officers and to damaging or destroying a pipeline facil- employees demonstrate competence in ad- ity, but only if the conduct which led to the substance, or knowingly importing or exporting a controlled substance, if the sen- ministering the System, including interrater conviction involved a substantial risk of reliability, on a biannual basis. death or serious bodily injury. tencing court finds that— ‘‘(I) the offense involved a mixture or sub- ‘‘(g) QUALITY ASSURANCE.—In order to en- ‘‘(lviii) Section 401(a) of the Controlled sure that the Bureau of Prisons is using the Substances Act (21 U.S.C. 841), relating to stance containing a detectable amount of N- phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] System in an appropriate and consistent manufacturing or distributing a controlled manner, the Attorney General shall monitor substance in the case of a conviction for an propanamide, or any analogue thereof; and ‘‘(II) the offender was an organizer, leader, and assess the use of the System, which shall offense described in subparagraph (A), (B), or include conducting annual audits of the Bu- (C) of subsection (b)(1) of that section for manager, or supervisor of others in the offense, as determined under the guidelines reau of Prisons regarding the use of the Sys- which death or serious bodily injury resulted tem. from the use of such substance. promulgated by the United States Sen- ‘‘(h) DYSLEXIA SCREENING.— ‘‘(lix) Section 276(a) of the Immigration tencing Commission. ‘‘(1) SCREENING.—The Attorney General ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO and Nationality Act (8 U.S.C. 1326), relating shall incorporate a dyslexia screening pro- APPLY TIME CREDITS.— to the reentry of a removed alien, but only if gram into the System, including by screen- ‘‘(i) IN GENERAL.—A prisoner is ineligible the alien is described in paragraph (1) or (2) ing for dyslexia during— of subsection (b) of that section. to apply time credits under subparagraph (C) ‘‘(A) the intake process; and ‘‘(lx) Section 277 of the Immigration and if the prisoner is the subject of a final order ‘‘(B) each periodic risk reassessment of a Nationality Act (8 U.S.C. 1327), relating to of removal under any provision of the immi- prisoner. aiding or assisting certain aliens to enter the gration laws (as such term is defined in sec- ‘‘(2) TREATMENT.—The Attorney General United States. tion 101(a)(17) of the Immigration and Na- shall incorporate programs designed to treat ‘‘(lxi) Section 278 of the Immigration and tionality Act (8 U.S.C. 1101(a)(17))). dyslexia into the evidence-based recidivism Nationality Act (8 U.S.C. 1328), relating to ‘‘(ii) PROCEEDINGS.—The Attorney General, reduction programs or productive activities the importation of an alien into the United in consultation with the Secretary of Home- required to be implemented under this sec- States for an immoral purpose. land Security, shall ensure that any alien de- tion. The Attorney General may also incor- ‘‘(lxii) Any section of the Export Adminis- scribed in section 212 or 237 of the Immigra- tration Act of 1979 (50 U.S.C. 4611 et seq.) tion and Nationality Act (8 U.S.C. 1182, 1227) porate programs designed to treat other ‘‘(lxiii) Section 206 of the International who seeks to earn time credits are subject to learning disabilities. Emergency Economic Powers Act (50 U.S.C. proceedings described in section 238(a) of ‘‘§ 3633. Evidence-based recidivism reduction 1705). that Act (8 U.S.C. 1228(a)) at a date as early program and recommendations ‘‘(lxiv) Section 601 of the National Security as practicable during the prisoner’s incarcer- ‘‘(a) IN GENERAL.—Prior to releasing the Act of 1947 (50 U.S.C. 3121), relating to the ation. System, in consultation with the Inde- protection of identities of certain United ‘‘(5) RISK REASSESSMENTS AND LEVEL AD- pendent Review Committee authorized by States undercover intelligence officers, JUSTMENT.—A prisoner who successfully par- the First Step Act of 2018, the Attorney Gen- agents, informants, and sources. ticipates in evidence-based recidivism reduc- eral shall— ‘‘(lxv) Subparagraph (A)(i) or (B)(i) of section programming or productive activities ‘‘(1) review the effectiveness of evidence- tion 401(b)(1) of the Controlled Substances shall receive periodic risk reassessments not based recidivism reduction programs that Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or less often than annually, and a prisoner de- exist as of the date of enactment of this sub- (2)(A) of section 1010(b) of the Controlled termined to be at a medium or high risk of chapter in prisons operated by the Bureau of Substances Import and Export Act (21 U.S.C. recidivating and who has less than 5 years Prisons; 960(b)), relating to manufacturing, distrib- until his or her projected release date shall ‘‘(2) review available information regard- uting, dispensing, or possessing with intent receive more frequent risk reassessments. If ing the effectiveness of evidence-based re- to manufacture, distribute, dispense, or the reassessment shows that the prisoner’s cidivism reduction programs and productive knowingly importing or exporting, a mixture risk of recidivating or specific needs have activities that exist in State-operated pris- or substance containing a detectable amount changed, the Bureau of Prisons shall update ons throughout the United States; of heroin if the sentencing court finds that the determination of the prisoner’s risk of ‘‘(3) identify the most effective evidence- the offender was an organizer, leader, man- recidivating or information regarding the based recidivism reduction programs; ager, or supervisor of others in the offense, prisoner’s specific needs and reassign the ‘‘(4) review the policies for entering into as determined under the guidelines promul- prisoner to appropriate evidence-based re- evidence-based recidivism reduction partner- gated by the United States Sentencing Com- cidivism reduction programming or produc- ships described in section 3621(h)(5); and mission. tive activities based on such changes. ‘‘(5) direct the Bureau of Prisons regard- ‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of ‘‘(6) RELATION TO OTHER INCENTIVE PRO- ing— section 401(b)(1) of the Controlled Substances GRAMS.—The incentives described in this ‘‘(A) evidence-based recidivism reduction Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or subsection shall be in addition to any other programs; (2)(F) of section 1010(b) of the Controlled rewards or incentives for which a prisoner ‘‘(B) the ability for faith-based organiza- Substances Import and Export Act (21 U.S.C. may be eligible. tions to function as a provider of educational

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PROGRAM.—The term ‘evidence-based recidi- dence-based recidivism reduction programs ‘‘(6) An assessment of progress made to- vism reduction program’ means either a that the Attorney General finds. ward carrying out the purposes of this sub- group or individual activity that— ‘‘(b) REVIEW AND RECOMMENDATIONS RE- chapter, including any savings associated ‘‘(A) has been shown by empirical evidence GARDING DYSLEXIA MITIGATION.—In carrying with— to reduce recidivism or is based on research out subsection (a), the Attorney General ‘‘(A) the transfer of prisoners into indicating that it is likely to be effective in shall consider the prevalence and mitigation prerelease custody or supervised release reducing recidivism; of dyslexia in prisons, including by— under section 3624(g), including savings re- ‘‘(B) is designed to help prisoners succeed ‘‘(1) reviewing statistics on the prevalence sulting from the avoidance or deferral of fu- in their communities upon release from pris- of dyslexia, and the effectiveness of any pro- ture construction, acquisition, and oper- on; and grams implemented to mitigate the effects ations costs; and ‘‘(C) may include— of dyslexia, in prisons operated by the Bu- ‘‘(B) any decrease in recidivism that may ‘‘(i) social learning and communication, reau of Prisons and State-operated prisons be attributed to the System or the increase interpersonal, anti-bullying, rejection re- throughout the United States; and in evidence-based recidivism reduction pro- sponse, and other life skills; ‘‘(2) incorporating the findings of the At- grams required under this subchapter. ‘‘(ii) family relationship building, struc- torney General under paragraph (1) of this ‘‘(7) An assessment of budgetary savings tured parent-child interaction, and parenting subsection into any directives given to the resulting from this subchapter, including— skills; Bureau of Prisons under paragraph (5) of sub- ‘‘(A) a summary of the amount of savings ‘‘(iii) classes on morals or ethics; section (a). resulting from the transfer of prisoners into ‘‘(iv) academic classes; ‘‘§ 3634. Report prerelease custody under this chapter, in- ‘‘(v) cognitive behavioral treatment; ‘‘Beginning on the date that is 2 years cluding savings resulting from the avoidance ‘‘(vi) mentoring; after the date of enactment of this sub- or deferral of future construction, acquisi- ‘‘(vii) substance abuse treatment; chapter, and annually thereafter for a period tion, or operations costs; ‘‘(viii) vocational training; of 5 years, the Attorney General shall submit ‘‘(B) a summary of the amount of savings ‘‘(ix) faith-based classes or services; a report to the Committees on the Judiciary resulting from any decrease in recidivism ‘‘(x) civic engagement and reintegrative of the Senate and the House of Representa- that may be attributed to the implementa- community services; tives and the Subcommittees on Commerce, tion of the risk and needs assessment system ‘‘(xi) a prison job, including through a pris- Justice, Science, and Related Agencies of the or the increase in recidivism reduction pro- on work program; Committees on Appropriations of the Senate grams and productive activities required by ‘‘(xii) victim impact classes or other re- and the House of Representatives that con- this subchapter; storative justice programs; and tains the following: ‘‘(C) a strategy to reinvest the savings de- ‘‘(xiii) trauma counseling and trauma-in- ‘‘(1) A summary of the activities and ac- scribed in subparagraphs (A) and (B) in formed support programs. complishments of the Attorney General in other— ‘‘(4) PRISONER.—The term ‘prisoner’ means carrying out this Act. ‘‘(i) Federal, State, and local law enforce- a person who has been sentenced to a term of ‘‘(2) A summary and assessment of the ment activities; and imprisonment pursuant to a conviction for a types and effectiveness of the evidence-based ‘‘(ii) expansions of recidivism reduction Federal criminal offense, or a person in the recidivism reduction programs and produc- programs and productive activities in the custody of the Bureau of Prisons. tive activities in prisons operated by the Bu- Bureau of Prisons; and ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro- reau of Prisons, including— ‘‘(D) a description of how the reduced ex- ductive activity’ means either a group or in- ‘‘(A) evidence about which programs have penditures on Federal corrections and the dividual activity that is designed to allow been shown to reduce recidivism; budgetary savings resulting from this sub- prisoners determined as having a minimum ‘‘(B) the capacity of each program and ac- chapter are currently being used and will be or low risk of recidivating to remain productivity at each prison, including the number used to— tive and thereby maintain a minimum or low of prisoners along with the recidivism risk of ‘‘(i) increase investment in law enforce- risk of recidivating, and may include the de- each prisoner enrolled in each program; and ment and crime prevention to combat gangs livery of the programs described in para- ‘‘(C) identification of any gaps or shortages of national significance and high-level drug graph (1) to other prisoners. in capacity of such programs and activities. traffickers through the High Intensity Drug ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.— ‘‘(3) Rates of recidivism among individuals Trafficking Areas Program and other task The term ‘risk and needs assessment tool’ who have been released from Federal prison, means an objective and statistically vali- based on the following criteria: forces; ‘‘(ii) hire, train, and equip law enforcement dated method through which information is ‘‘(A) The primary offense of conviction. collected and evaluated to determine— ‘‘(B) The length of the sentence imposed officers and prosecutors; and ‘‘(iii) promote crime reduction programs ‘‘(A) as part of the intake process, the risk and served. that a prisoner will recidivate upon release ‘‘(C) The Bureau of Prisons facility or fa- using evidence-based practices and strategic planning to help reduce crime and criminal from prison; cilities in which the prisoner’s sentence was ‘‘(B) the recidivism reduction programs served. recidivism. ‘‘(8) Statistics on— that will best minimize the risk that the ‘‘(D) The evidence-based recidivism reduc- prisoner will recidivate upon release from tion programming that the prisoner success- ‘‘(A) the prevalence of dyslexia among prisoners in prisons operated by the Bureau of prison; and fully completed, if any. ‘‘(C) the periodic reassessment of risk that ‘‘(E) The prisoner’s assessed and reassessed Prisons; and ‘‘(B) any change in the effectiveness of dys- a prisoner will recidivate upon release from risk of recidivism. prison, based on factors including indicators ‘‘(F) The productive activities that the lexia mitigation programs among such prisoners that may be attributed to the incorpo- of progress and of regression, that are dy- prisoner successfully completed, if any. namic and that can reasonably be expected ‘‘(4) The status of prison work programs at ration of dyslexia screening into the System and of dyslexia treatment into the evidence- to change while in prison.’’. facilities operated by the Bureau of Prisons, (b) CLERICAL AMENDMENT.—The table of including— based recidivism reduction programs, as required under this chapter. subchapters for chapter 229 of title 18, United ‘‘(A) a strategy to expand the availability States Code, is amended by adding at the end of such programs without reducing job op- ‘‘§ 3635. Definitions the following: portunities for workers in the United States ‘‘In this subchapter the following defini- ‘‘D. Risk and Needs Assessment ...... 3631’’. who are not in the custody of the Bureau of tions apply: SEC. 102. IMPLEMENTATION OF SYSTEM AND Prisons, including the feasibility of prisoners ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means RECOMMENDATIONS BY BUREAU OF manufacturing products purchased by Fed- an unexpected difficulty in reading for an in- PRISONS. eral agencies that are manufactured over- dividual who has the intelligence to be a (a) IMPLEMENTATION OF SYSTEM GEN- seas; much better reader, most commonly caused ERALLY.—Section 3621 of title 18, United ‘‘(B) an assessment of the feasibility of ex- by a difficulty in the phonological processing States Code, is amended by adding at the end panding such programs, consistent with the (the appreciation of the individual sounds of the following: strategy required under subparagraph (A), spoken language), which affects the ability ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS with the goal that 5 years after the date of of an individual to speak, read, and spell. ASSESSMENT SYSTEM.— enactment of this subchapter, not less than ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The ‘‘(1) IN GENERAL.—Not later than 180 days 75 percent of eligible minimum- and low-risk term ‘dyslexia screening program’ means a after the Attorney General completes and re- offenders have the opportunity to participate screening program for dyslexia that is— leases the risk and needs assessment system in a prison work program for not less than 20 ‘‘(A) evidence-based (as defined in section (referred to in this subsection as the ‘Sys- hours per week; and 8101(21) of the Elementary and Secondary tem’) developed under subchapter D, the Di- ‘‘(C) a detailed discussion of legal authori- Education Act of 1965 (20 U.S.C. 7801(21))) rector of the Bureau of Prisons shall, in ac- ties that would be useful or necessary to with proven psychometrics for validity; cordance with that subchapter—

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‘‘(A) implement and complete the initial ‘‘(D) Industry-sponsored organizations that ‘‘(i) IN GENERAL.—A prisoner placed in intake risk and needs assessment for each will deliver workforce development and prerelease custody pursuant to this sub- prisoner (including for each prisoner who training, on a paid or volunteer basis. section who is placed in home confinement was a prisoner prior to the effective date of ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO shall— this subsection), regardless of the prisoner’s ALL PRISONERS; PRIORITY.—The Director of ‘‘(I) be subject to 24-hour electronic moni- length of imposed term of imprisonment, and the Bureau of Prisons shall provide all pris- toring that enables the prompt identification begin to assign prisoners to appropriate evi- oners with the opportunity to actively par- of the prisoner, location, and time, in the dence-based recidivism reduction programs ticipate in evidence-based recidivism reduc- case of any violation of subclause (II); based on that determination; tion programs or productive activities, ac- ‘‘(II) remain in the prisoner’s residence, ex- ‘‘(B) begin to expand the effective evi- cording to their specific criminogenic needs, cept that the prisoner may leave the pris- dence-based recidivism reduction programs throughout their entire term of incarcer- oner’s home in order to, subject to the ap- and productive activities it offers and add ation. Priority for participation in recidi- proval of the Director of the Bureau of Pris- any new evidence-based recidivism reduction vism reduction programs shall be given to ons— programs and productive activities nec- medium-risk and high-risk prisoners, with ‘‘(aa) perform a job or job-related activi- essary to effectively implement the System; access to productive activities given to min- ties, including an apprenticeship, or partici- and imum-risk and low-risk prisoners. pate in job-seeking activities; ‘‘(C) begin to implement the other risk and ‘‘(7) DEFINITIONS.—The terms in this sub- ‘‘(bb) participate in evidence-based recidi- needs assessment tools necessary to effec- section have the meaning given those terms vism reduction programming or productive tively implement the System over time, in section 3635.’’. activities assigned by the System, or similar while prisoners are participating in and com- (b) PRERELEASE CUSTODY.— activities; pleting the effective evidence-based recidi- (1) IN GENERAL.—Section 3624 of title 18, ‘‘(cc) perform community service; vism reduction programs and productive ac- United States Code, is amended— ‘‘(dd) participate in crime victim restora- tivities. (A) in subsection (b)(1)— tion activities; ‘‘(2) PHASE-IN.—In order to carry out para- (i) by striking ‘‘, beyond the time served, ‘‘(ee) receive medical treatment; graph (1), so that every prisoner has the op- of up to 54 days at the end of each year of the ‘‘(ff) attend religious activities; or portunity to participate in and complete the prisoner’s term of imprisonment, beginning type and amount of evidence-based recidi- ‘‘(gg) participate in other family-related at the end of the first year of the term,’’ and vism reduction programs or productive ac- activities that facilitate the prisoner’s suc- inserting ‘‘of up to 54 days for each year of tivities they need, and be reassessed for re- cessful reentry such as a family funeral, a the prisoner’s sentence imposed by the cidivism risk as necessary to effectively im- family wedding, or to visit a family member court,’’; and plement the System, the Bureau of Prisons who is seriously ill; and (ii) by striking ‘‘credit for the last year or shall— ‘‘(III) comply with such other conditions as portion of a year of the term of imprison- ‘‘(A) provide such evidence-based recidi- the Director determines appropriate. ment shall be prorated and credited within vism reduction programs and productive ac- ‘‘(ii) ALTERNATE MEANS OF MONITORING.—If the last six weeks of the sentence’’ and in- tivities for all prisoners before the date that the electronic monitoring of a prisoner de- is 2 years after the date on which the Bureau serting ‘‘credit for the last year of a term of scribed in clause (i)(I) is infeasible for tech- of Prisons completes a risk and needs assess- imprisonment shall be credited on the first nical or religious reasons, the Director of the ment for each prisoner under paragraph day of the last year of the term of imprison- Bureau of Prisons may use alternative (1)(A); and ment’’; and means of monitoring a prisoner placed in ‘‘(B) develop and validate the risk and (B) by adding at the end the following: home confinement that the Director deter- needs assessment tool to be used in the reas- ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED mines are as effective or more effective than sessments of risk of recidivism, while pris- RELEASE FOR RISK AND NEEDS ASSESSMENT the electronic monitoring described in clause oners are participating in and completing SYSTEM PARTICIPANTS.— (i)(I). evidence-based recidivism reduction pro- ‘‘(1) ELIGIBLE PRISONERS.—This subsection ‘‘(iii) MODIFICATIONS.—The Director of the grams and productive activities. applies in the case of a prisoner (as such Bureau of Prisons may modify the conditions ‘‘(3) PRIORITY DURING PHASE-IN.—During term is defined in section 3635) who— described in clause (i) if the Director deter- the 2-year period described in paragraph ‘‘(A) has earned time credits under the risk mines that a compelling reason exists to do (2)(A), the priority for such programs and ac- and needs assessment system developed so, and that the prisoner has demonstrated tivities shall be accorded based on a pris- under subchapter D (referred to in this sub- exemplary compliance with such conditions. oner’s proximity to release date. section as the ‘System’) in an amount that is ‘‘(iv) DURATION.—Except as provided in ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- equal to the remainder of the prisoner’s im- paragraph (4), a prisoner who is placed in BASED RECIDIVISM REDUCTION PROGRAMS AND posed term of imprisonment; home confinement shall remain in home con- AUTHORITY TO USE INCENTIVES.—Beginning on ‘‘(B) has shown through the periodic risk finement until the prisoner has served not the date of enactment of this subsection, the reassessments a demonstrated recidivism less than 85 percent of the prisoner’s imposed Bureau of Prisons may begin to expand any risk reduction or has maintained a minimum term of imprisonment. evidence-based recidivism reduction pro- or low recidivism risk, during the prisoner’s ‘‘(B) RESIDENTIAL REENTRY CENTER.—A grams and productive activities that exist at term of imprisonment; prisoner placed in prerelease custody pursu- a prison as of such date, and may offer to ‘‘(C) has had the remainder of the pris- ant to this subsection who is placed at a resi- prisoners who successfully participate in oner’s imposed term of imprisonment com- dential reentry center shall be subject to such programs and activities the incentives puted under applicable law; and such conditions as the Director of the Bu- and rewards described in subchapter D. ‘‘(D)(i) in the case of a prisoner being reau of Prisons determines appropriate. ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— placed in prerelease custody, the prisoner— ‘‘(3) SUPERVISED RELEASE.—If the sen- In order to expand evidence-based recidivism ‘‘(I) has been determined under the System tencing court included as a part of the pris- reduction programs and productive activi- to be a minimum or low risk to recidivate oner’s sentence a requirement that the pris- ties, the Attorney General shall develop poli- pursuant to the last 2 reassessments of the oner be placed on a term of supervised re- cies for the warden of each prison of the Bu- prisoner; or lease after imprisonment pursuant to section reau of Prisons to enter into partnerships, ‘‘(II) has had a petition to be transferred to 3583, the Director of the Bureau of Prisons subject to the availability of appropriations, prerelease custody or supervised release ap- may transfer the prisoner to begin any such with any of the following: proved by the warden of the prison, after the term of supervised release at an earlier date, ‘‘(A) Nonprofit and other private organiza- warden’s determination that— not to exceed 12 months, based on the appli- tions, including faith-based, art, and commu- ‘‘(aa) the prisoner would not be a danger to cation of time credits under section 3632. nity-based organizations that will deliver re- society if transferred to prerelease custody ‘‘(4) DETERMINATION OF CONDITIONS.—In de- cidivism reduction programming on a paid or or supervised release; termining appropriate conditions for pris- volunteer basis. ‘‘(bb) the prisoner has made a good faith ef- oners placed in prerelease custody pursuant ‘‘(B) Institutions of higher education (as fort to lower their recidivism risk through to this subsection, the Director of the Bu- defined in section 101 of the Higher Edu- participation in recidivism reduction pro- reau of Prisons shall, to the extent prac- cation Act of 1965 (20 U.S.C. 1001)) that will grams or productive activities; and ticable, provide that increasingly less re- deliver instruction on a paid or volunteer ‘‘(cc) the prisoner is unlikely to recidivate; strictive conditions shall be imposed on pris- basis. or oners who demonstrate continued compli- ‘‘(C) Private entities that will— ‘‘(ii) in the case of a prisoner being placed ance with the conditions of such prerelease ‘‘(i) deliver vocational training and certifi- in supervised release, the prisoner has been custody, so as to most effectively prepare cations; determined under the System to be a min- such prisoners for reentry. ‘‘(ii) provide equipment to facilitate voca- imum or low risk to recidivate pursuant to ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris- tional training or employment opportunities the last reassessment of the prisoner. oner violates a condition of the prisoner’s for prisoners; ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A prerelease custody, the Director of the Bu- ‘‘(iii) employ prisoners; or prisoner shall be placed in prerelease cus- reau of Prisons may impose such additional ‘‘(iv) assist prisoners in prerelease custody tody as follows: conditions on the prisoner’s prerelease cus- or supervised release in finding employment. ‘‘(A) HOME CONFINEMENT.— tody as the Director of the Bureau of Prisons

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FAITH-BASED CONSIDERATIONS. oner’s prerelease custody and require the Not later than 2 years after the Director of (a) IN GENERAL.—In considering any pro- prisoner to serve the remainder of the term the Bureau of Prisons implements the risk gram, treatment, regimen, group, company, of imprisonment to which the prisoner was and needs assessment system under section charity, person, or entity of any kind under sentenced, or any portion thereof, in prison. 3621 of title 18, United States Code, and every any provision of this Act, or the amend- If the violation is nontechnical in nature, 2 years thereafter, the Comptroller General ments made by this Act, the fact that it may the Director of the Bureau of Prisons shall of the United States shall conduct an audit be or is faith-based may not be a basis for revoke the prisoner’s prerelease custody. of the use of the risk and needs assessment any discrimination against it in any manner or for any purpose. ‘‘(6) ISSUANCE OF GUIDELINES.—The Attor- system at Bureau of Prisons facilities. The (b) ELIGIBILITY FOR EARNED TIME CREDIT.— audit shall include analysis of the following: ney General, in consultation with the Assist- Participation in a faith-based program, (1) Whether inmates are being assessed ant Director for the Office of Probation and treatment, or regimen may qualify a pris- Pretrial Services, shall issue guidelines for under the risk and needs assessment system oner for earned time credit under subchapter use by the Bureau of Prisons in deter- with the frequency required under such sec- D of chapter 229 of title 18, United States mining— tion 3621 of title 18, United States Code. Code, as added by section 101(a) of this Act, ‘‘(A) the appropriate type of prerelease cus- (2) Whether the Bureau of Prisons is able however, the Director of the Bureau of Pris- tody or supervised release and level of super- to offer recidivism reduction programs and ons shall ensure that non-faith-based provision for a prisoner placed on prerelease productive activities (as such terms are de- grams that qualify for earned time credit are custody pursuant to this subsection; and fined in section 3635 of title 18, United States offered at each Bureau of Prisons facility in ‘‘(B) consequences for a violation of a con- Code, as added by section 101(a) of this Act). addition to any such faith-based programs. dition of such prerelease custody by such a (3) Whether the Bureau of Prisons is offer- (c) LIMITATION ON ACTIVITIES.—A group, prisoner, including a return to prison and a ing the type, amount, and intensity of recidi- company, charity, person, or entity may not reassessment of evidence-based recidivism vism reduction programs and productive ac- engage in explicitly religious activities using risk level under the System. tivities for prisoners to earn the maximum direct financial assistance made available ‘‘(7) AGREEMENTS WITH UNITED STATES PRO- amount of time credits for which they are el- under this title or the amendments made by BATION AND PRETRIAL SERVICES.—The Direc- igible. this title. (d) RULE OF CONSTRUCTION.—Nothing in tor of the Bureau of Prisons shall, to the (4) Whether the Attorney General is car- this Act, or the amendments made by this greatest extent practicable, enter into agree- rying out the duties under section 3631(b) of Act, may be construed to amend any requirements with United States Probation and title 18, United States Code, as added by sec- ment under Federal law or the Constitution Pretrial Services to supervise prisoners tion 101(a) of this Act. (5) Whether officers and employees of the of the United States regarding funding for placed in home confinement under this sub- faith-based programs or activities. section. Such agreements shall— Bureau of Prisons are receiving the training described in section 3632(f) of title 18, United SEC. 107. INDEPENDENT REVIEW COMMITTEE. ‘‘(A) authorize United States Probation States Code, as added by section 101(a) of (a) IN GENERAL.—The Attorney General and Pretrial Services to exercise the author- this Act. shall consult with an Independent Review ity granted to the Director pursuant to para- (6) Whether the Bureau of Prisons offers Committee in carrying out the Attorney graphs (3) and (4); and work assignments to all prisoners who might General’s duties under sections 3631(b), 3632 ‘‘(B) take into account the resource re- benefit from such an assignment. and 3633 of title 18, United States Code, as quirements of United States Probation and (7) Whether the Bureau of Prisons transfers added by section 101(a) of this Act. Pretrial Services as a result of the transfer prisoners to prerelease custody or supervised (b) FORMATION OF INDEPENDENT REVIEW of Bureau of Prisons prisoners to prerelease release as soon as they are eligible for such COMMITTEE.—The National Institute of Jus- custody or supervised release. a transfer under section 3624(g) of title 18, tice shall select a nonpartisan and nonprofit ‘‘(8) ASSISTANCE.—United States Probation United States Code, as added by section organization with expertise in the study and and Pretrial Services shall, to the greatest 102(b) of this Act. development of risk and needs assessment extent practicable, offer assistance to any (8) The rates of recidivism among similarly tools to host the Independent Review Com- prisoner not under its supervision during classified prisoners to identify any unwar- mittee. The Independent Review Committee prerelease custody under this subsection. ranted disparities, including disparities shall be established not later than 30 days ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL among similarly classified prisoners of dif- after the date of enactment of this Act. (c) APPOINTMENT OF INDEPENDENT REVIEW SERVICES.—Any prerelease custody into ferent demographic groups, in such rates. which a prisoner is placed under this sub- COMMITTEE.—The organization selected by section may not include a condition prohib- SEC. 104. AUTHORIZATION OF APPROPRIATIONS. the National Institute of Justice shall ap- iting the prisoner from receiving mentoring, (a) IN GENERAL.—There is authorized to be point not fewer than 6 members to the Inde- reentry, or spiritual services from a person appropriated to carry out this title pendent Review Committee. who provided such services to the prisoner $75,000,000 for each of fiscal years 2019 (d) COMPOSITION OF THE INDEPENDENT RE- while the prisoner was incarcerated, except through 2023. Of the amount appropriated VIEW COMMITTEE.—The members of the Inde- that the warden of the facility at which the under this subsection, 80 percent shall be re- pendent Review Committee shall all have ex- prisoner was incarcerated may waive the reserved for use by the Director of the Bureau pertise in risk and needs assessment systems and shall include— quirement under this paragraph if the war- of Prisons to implement the system under (1) 2 individuals who have published peer- den finds that the provision of such services section 3621(h) of title 18, United States reviewed scholarship about risk and needs would pose a significant security risk to the Code, as added by section 102(a) of this Act. assessments in both corrections and commu- prisoner, persons who provide such services, (b) SAVINGS.—It is the sense of Congress nity settings; or any other person. The warden shall pro- that any savings associated with reductions (2) 2 corrections practitioners who have de- vide written notice of any such waiver to the in recidivism that result from this title veloped and implemented a risk assessment person providing such services and to the should be reinvested— tool in a corrections system or in a commu- prisoner. (1) to supplement funding for programs nity supervision setting, including 1 with ‘‘(10) TIME LIMITS INAPPLICABLE.—The time that increase public safety by providing re- prior experience working within the Bureau limits under subsections (b) and (c) shall not sources to State and local law enforcement of Prisons; and apply to prerelease custody under this sub- officials, including for the adoption of inno- vative technologies and information sharing (3) 1 individual with expertise in assessing section. risk assessment implementation. ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The capabilities; (2) into evidence-based recidivism reduc- (e) DUTIES OF THE INDEPENDENT REVIEW Director of the Bureau of Prisons shall en- COMMITTEE.—The Independent Review Com- tion programs offered by the Bureau of Pris- sure there is sufficient prerelease custody mittee shall assist the Attorney General in ons; and capacity to accommodate all eligible pris- carrying out the Attorney General’s duties (3) into ensuring eligible prisoners have ac- oners.’’. under sections 3631(b), 3632 and 3633 of title cess to such programs and productive activi- (2) EFFECTIVE DATE.—The amendments 18, United States Code, as added by section ties offered by the Bureau of Prisons. made by this subsection shall take effect be- 101(a) of this Act, including by assisting in— ginning on the date that the Attorney Gen- SEC. 105. RULE OF CONSTRUCTION. (1) conducting a review of the existing pris- eral completes and releases the risk and Nothing in this Act, or the amendments oner risk and needs assessment systems in needs assessment system under subchapter D made by this Act, may be construed to pro- operation on the date of enactment of this of chapter 229 of title 18, United States Code, vide authority to place a prisoner in Act; as added by section 101(a) of this Act. prerelease custody or supervised release who (2) developing recommendations regarding (3) APPLICABILITY.—The amendments made is serving a term of imprisonment pursuant evidence-based recidivism reduction pro- by this subsection shall apply with respect to a conviction for an offense under the laws grams and productive activities; to offenses committed before, on, or after the of one of the 50 States, or of a territory or (3) conducting research and data analysis date of enactment of this Act, except that possession of the United States or to amend on— such amendments shall not apply with re- or affect the enforcement of the immigration (A) evidence-based recidivism reduction spect to offenses committed before Novem- laws, as defined in section 101 of the Immi- programs relating to the use of prisoner risk ber 1, 1987. gration and Nationality Act (8 U.S.C. 1101). and needs assessment tools;

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7700 CONGRESSIONAL RECORD — SENATE December 17, 2018 (B) the most effective and efficient uses of ‘‘(1)(A) provides a secure storage area lo- States Marshals Service, as applicable, and such programs; and cated outside of the secure perimeter of the to the healthcare professional responsible for (C) which evidence-based recidivism reduc- institution for employees to store firearms; the health and safety of the prisoner, a writ- tion programs are the most effective at re- or ten report that describes the facts and cir- ducing recidivism, and the type, amount, and ‘‘(B) allows employees to store firearms in cumstances surrounding the use of re- intensity of programming that most effec- a vehicle lockbox approved by the Director straints, and includes— tively reduces the risk of recidivism; and of the Bureau of Prisons; and ‘‘(A) the reasoning upon which the deter- (4) reviewing and validating the risk and ‘‘(2) notwithstanding any other provision mination to use restraints was made; needs assessment system. of law, allows employees to carry concealed ‘‘(B) the details of the use of restraints, in- (f) BUREAU OF PRISONS COOPERATION.—The firearms on the premises outside of the se- cluding the type of restraints used and Director of the Bureau of Prisons shall assist cure perimeter of the institution.’’. length of time during which restraints were the Independent Review Committee in per- (b) TECHNICAL AND CONFORMING AMEND- used; and forming the Committee’s duties and prompt- MENT.—The table of sections for chapter 303 ‘‘(C) any resulting physical effects on the ly respond to requests from the Committee of title 18, United States Code, is amended by prisoner observed by or known to the correc- for access to Bureau of Prisons facilities, adding at the end the following: tions official or United States marshal, as personnel, and information. ‘‘4050. Secure firearms storage.’’. applicable. (g) REPORT.—Not later than 1 year after TITLE III—RESTRAINTS ON PREGNANT ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC- the date of enactment of this Act and annu- PRISONERS PROHIBITED TOR.—Upon receipt of a report under para- ally for each year until the Independent Re- graph (1), the healthcare professional respon- SEC. 301. USE OF RESTRAINTS ON PRISONERS view Committee terminates under this sec- sible for the health and safety of the prisoner tion, the Independent Review Committee DURING THE PERIOD OF PREG- NANCY AND POSTPARTUM RECOV- may submit to the Director such informa- shall submit to the Committee on the Judici- ERY PROHIBITED. tion as the healthcare professional deter- ary and the Subcommittee on Commerce, (a) IN GENERAL.—Chapter 317 of title 18, mines is relevant to the use of restraints on Justice, Science, and Related Agencies of the United States Code, is amended by inserting the prisoner. Committee on Appropriations of the Senate after section 4321 the following: ‘‘(3) REPORT TO JUDICIARY COMMITTEES.— and the Committee on the Judiciary and the ‘‘§ 4322. Use of restraints on prisoners during ‘‘(A) IN GENERAL.—Not later than 1 year Subcommittee on Commerce, Justice, the period of pregnancy, labor, and after the date of enactment of this section, Science, and Related Agencies of the Com- postpartum recovery prohibited and annually thereafter, the Director of the mittee on Appropriations of the House of Bureau of Prisons and the Director of the Representatives a public report that in- ‘‘(a) PROHIBITION.—Except as provided in subsection (b), beginning on the date on United States Marshals Service shall each cludes— submit to the Judiciary Committee of the (1) a list of all offenses of conviction for which pregnancy is confirmed by a healthcare professional, and ending at the Senate and of the House of Representatives a which prisoners were ineligible to receive report that certifies compliance with this time credits under section 3632(d)(4)(D) of conclusion of postpartum recovery, a prisoner in the custody of the Bureau of Prisons, section and includes the information re- title 18, United States Code, as added by sec- quired to be reported under paragraph (1). tion 101(a) of this Act, and for each offense or in the custody of the United States Mar- shals Service pursuant to section 4086, shall ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- the number of prisoners excluded, including TION.—The report under this paragraph shall demographic percentages by age, race, and not be placed in restraints. ‘‘(b) EXCEPTIONS.— not contain any personally identifiable in- sex; ‘‘(1) IN GENERAL.—The prohibition under formation of any prisoner. (2) the criminal history categories of pris- subsection (a) shall not apply if— ‘‘(d) NOTICE.—Not later than 48 hours after oners ineligible to receive time credits under ‘‘(A) an appropriate corrections official, or the confirmation of a prisoner’s pregnancy section 3632(d)(4)(D) of title 18, United States a United States marshal, as applicable, by a healthcare professional, that prisoner Code, as added by section 101(a) of this Act, makes a determination that the prisoner— shall be notified by an appropriate and for each category the number of pris- ‘‘(i) is an immediate and credible flight healthcare professional, corrections official, oners excluded, including demographic per- risk that cannot reasonably be prevented by or United States marshal, as applicable, of centages by age, race, and sex; other means; or the restrictions on the use of restraints (3) the number of prisoners ineligible to ‘‘(ii) poses an immediate and serious threat under this section. apply time credits under section 3632(d)(4)(D) of harm to herself or others that cannot rea- of title 18, United States Code, as added by ‘‘(e) VIOLATION REPORTING PROCESS.—The sonably be prevented by other means; or section 101(a) of this Act, who do not partici- Director of the Bureau of Prisons, in con- ‘‘(B) a healthcare professional responsible pate in recidivism reduction programming or sultation with the Director of the United for the health and safety of the prisoner de- productive activities, including the demo- States Marshals Service, shall establish a termines that the use of restraints is appro- graphic percentages by age, race, and sex; process through which a prisoner may report priate for the medical safety of the prisoner. (4) any recommendations for modifications a violation of this section. ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In to section 3632(d)(4)(D) of title 18, United the case that restraints are used pursuant to ‘‘(f) TRAINING.— States Code, as added by section 101(a) of an exception under paragraph (1), only the ‘‘(1) IN GENERAL.—The Director of the Bu- this Act, and any other recommendations re- least restrictive restraints necessary to pre- reau of Prisons and the Director of the garding recidivism reduction. United States Marshals Service shall each (h) TERMINATION.—The Independent Review vent the harm or risk of escape described in paragraph (1) may be used. develop training guidelines regarding the use Committee shall terminate on the date that of restraints on female prisoners during the ‘‘(3) APPLICATION.— is 5 years after the date on which the risk period of pregnancy, labor, and postpartum ‘‘(A) IN GENERAL.—The exceptions under and needs assessment system authorized by recovery, and shall incorporate such guide- sections 3632 and 3633 of title 18, United paragraph (1) may not be applied— ‘‘(i) to place restraints around the ankles, lines into appropriate training programs. States Code, as added by section 101(a) of Such training guidelines shall include— this Act, is released. legs, or waist of a prisoner; ‘‘(ii) to restrain a prisoner’s hands behind ‘‘(A) how to identify certain symptoms of TITLE II—BUREAU OF PRISONS SECURE her back; pregnancy that require immediate referral FIREARMS STORAGE ‘‘(iii) to restrain a prisoner using 4-point to a healthcare professional; SEC. 201. SHORT TITLE. restraints; or ‘‘(B) circumstances under which the excep- This title may be cited as the ‘‘Lieutenant ‘‘(iv) to attach a prisoner to another pris- tions under subsection (b) would apply; Osvaldo Albarati Correctional Officer Self- oner. ‘‘(C) in the case that an exception under subsection (b) applies, how to apply re- Protection Act of 2018’’. ‘‘(B) MEDICAL REQUEST.—Notwithstanding SEC. 202. SECURE FIREARMS STORAGE. paragraph (1), upon the request of a straints in a way that does not harm the (a) IN GENERAL.—Chapter 303 of title 18, healthcare professional who is responsible prisoner, the fetus, or the neonate; United States Code, is amended by adding at for the health and safety of a prisoner, a cor- ‘‘(D) the information required to be re- the end the following: rections official or United States marshal, as ported under subsection (c); and ‘‘§ 4050. Secure firearms storage applicable, shall refrain from using re- ‘‘(E) the right of a healthcare professional to request that restraints not be used, and ‘‘(a) DEFINITIONS.—In this section— straints on the prisoner or shall remove re- ‘‘(1) the term ‘employee’ means a qualified straints used on the prisoner. the requirement under subsection (b)(3)(B) to law enforcement officer employed by the Bu- ‘‘(c) REPORTS.— comply with such a request. reau of Prisons; and ‘‘(1) REPORT TO THE DIRECTOR AND ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de- ‘‘(2) the terms ‘firearm’ and ‘qualified law HEALTHCARE PROFESSIONAL.—If a corrections veloping the guidelines required by para- enforcement officer’ have the meanings official or United States marshal uses re- graph (1), the Directors shall each consult given those terms under section 926B. straints on a prisoner under subsection with healthcare professionals with expertise ‘‘(b) SECURE FIREARMS STORAGE.—The Di- (b)(1), that official or marshal shall submit, in caring for women during the period of rector of the Bureau of Prisons shall ensure not later than 30 days after placing the pris- pregnancy and postpartum recovery. that each chief executive officer of a Federal oner in restraints, to the Director of the Bu- ‘‘(g) DEFINITIONS.—For purposes of this sec- penal or correctional institution— reau of Prisons or the Director of the United tion:

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‘‘(1) POSTPARTUM RECOVERY.—The term prior conviction for a serious drug felony or tencing Act of 2010 (Public Law 111–220; 124 ‘postpartum recovery’ means the 12-week pe- serious violent felony has become final’’. Stat. 2372), that was committed before Au- riod, or longer as determined by the (b) CONTROLLED SUBSTANCES IMPORT AND gust 3, 2010. healthcare professional responsible for the EXPORT ACT AMENDMENTS.—Section 1010(b) (b) DEFENDANTS PREVIOUSLY SENTENCED.— health and safety of the prisoner, following of the Controlled Substances Import and Ex- A court that imposed a sentence for a cov- delivery, and shall include the entire period port Act (21 U.S.C. 960(b)) is amended— ered offense may, on motion of the defend- that the prisoner is in the hospital or infir- (1) in paragraph (1), in the matter fol- ant, the Director of the Bureau of Prisons, mary. lowing subparagraph (H), by striking ‘‘If any the attorney for the Government, or the ‘‘(2) PRISONER.—The term ‘prisoner’ means person commits such a violation after a prior court, impose a reduced sentence as if sec- a person who has been sentenced to a term of conviction for a felony drug offense has be- tions 2 and 3 of the Fair Sentencing Act of imprisonment pursuant to a conviction for a come final, such person shall be sentenced to 2010 (Public Law 111–220; 124 Stat. 2372) were Federal criminal offense, or a person in the a term of imprisonment of not less than 20 in effect at the time the covered offense was custody of the Bureau of Prisons, including a years’’ and inserting ‘‘If any person commits committed. person in a Bureau of Prisons contracted fa- such a violation after a prior conviction for (c) LIMITATIONS.—No court shall entertain cility. a serious drug felony or serious violent fel- a motion made under this section to reduce ‘‘(3) RESTRAINTS.—The term ‘restraints’ ony has become final, such person shall be a sentence if the sentence was previously im- means any physical or mechanical device sentenced to a term of imprisonment of not posed or previously reduced in accordance used to control the movement of a prisoner’s less than 15 years’’; and with the amendments made by sections 2 and body, limbs, or both.’’. (2) in paragraph (2), in the matter fol- 3 of the Fair Sentencing Act of 2010 (Public (b) CLERICAL AMENDMENT.—The table of lowing subparagraph (H), by striking ‘‘felony Law 111–220; 124 Stat. 2372) or if a previous sections for chapter 317 of title 18, United drug offense’’ and inserting ‘‘serious drug fel- motion made under this section to reduce States Code, is amended by adding after the ony or serious violent felony’’. the sentence was, after the date of enact- item relating to section 4321 the following: (c) APPLICABILITY TO PENDING CASES.—This ment of this Act, denied after a complete re- ‘‘4322. Use of restraints on prisoners during section, and the amendments made by this view of the motion on the merits. Nothing in the period of pregnancy, labor, section, shall apply to any offense that was this section shall be construed to require a and postpartum recovery pro- committed before the date of enactment of court to reduce any sentence pursuant to hibited.’’. this Act, if a sentence for the offense has not this section. TITLE IV—SENTENCING REFORM been imposed as of such date of enactment. TITLE V—SECOND CHANCE ACT OF 2007 SEC. 402. BROADENING OF EXISTING SAFETY SEC. 401. REDUCE AND RESTRICT ENHANCED REAUTHORIZATION VALVE. SENTENCING FOR PRIOR DRUG SEC. 501. SHORT TITLE. FELONIES. (a) AMENDMENTS.—Section 3553 of title 18, This title may be cited as the ‘‘Second (a) CONTROLLED SUBSTANCES ACT AMEND- United States Code, is amended— Chance Reauthorization Act of 2018’’. (1) in subsection (f)— MENTS.—The Controlled Substances Act (21 SEC. 502. IMPROVEMENTS TO EXISTING PRO- U.S.C. 801 et seq.) is amended— (A) in the matter preceding paragraph (1)— GRAMS. (i) by striking ‘‘or section 1010’’ and insert- (1) in section 102 (21 U.S.C. 802), by adding (a) REAUTHORIZATION OF ADULT AND JUVE- ing ‘‘, section 1010’’; and at the end the following: NILE OFFENDER STATE AND LOCAL DEM- (ii) by inserting ‘‘, or section 70503 or 70506 ‘‘(57) The term ‘serious drug felony’ means ONSTRATION PROJECTS.—Section 2976 of title I an offense described in section 924(e)(2) of of title 46’’ after ‘‘963)’’; of the Omnibus Crime Control and Safe title 18, United States Code, for which— (B) by striking paragraph (1) and inserting Streets Act of 1968 (34 U.S.C. 10631) is amend- ‘‘(A) the offender served a term of impris- the following: ed— onment of more than 12 months; and ‘‘(1) the defendant does not have— (1) by striking subsection (a) and inserting ‘‘(B) the offender’s release from any term ‘‘(A) more than 4 criminal history points, the following: excluding any criminal history points result- of imprisonment was within 15 years of the ‘‘(a) GRANT AUTHORIZATION.—The Attorney commencement of the instant offense. ing from a 1-point offense, as determined General shall make grants to States, local ‘‘(58) The term ‘serious violent felony’ under the sentencing guidelines; governments, territories, or Indian tribes, or means— ‘‘(B) a prior 3-point offense, as determined any combination thereof (in this section re- ‘‘(A) an offense described in section under the sentencing guidelines; and ferred to as an ‘eligible entity’), in partner- 3559(c)(2) of title 18, United States Code, for ‘‘(C) a prior 2-point violent offense, as de- ship with interested persons (including Fed- which the offender served a term of impris- termined under the sentencing guidelines;’’; eral corrections and supervision agencies), onment of more than 12 months; and and service providers, and nonprofit organiza- ‘‘(B) any offense that would be a felony (C) by adding at the end the following: tions for the purpose of strategic planning violation of section 113 of title 18, United ‘‘Information disclosed by a defendant under and implementation of adult and juvenile of- States Code, if the offense were committed this subsection may not be used to enhance fender reentry projects.’’; in the special maritime and territorial juris- the sentence of the defendant unless the in- (2) in subsection (b)— diction of the United States, for which the formation relates to a violent offense.’’; and (A) in paragraph (3), by inserting ‘‘or re- offender served a term of imprisonment of (2) by adding at the end the following: entry courts,’’ after ‘‘community,’’; more than 12 months.’’; and ‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As (B) in paragraph (6), by striking ‘‘and’’ at (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— used in this section, the term ‘violent of- the end; (A) in subparagraph (A), in the matter fol- fense’ means a crime of violence, as defined (C) in paragraph (7), by striking the period lowing clause (viii)— in section 16, that is punishable by imprison- at the end and inserting ‘‘; and’’; and (i) by striking ‘‘If any person commits such ment.’’. (D) by adding at the end the following: a violation after a prior conviction for a fel- (b) APPLICABILITY.—The amendments made ‘‘(8) promoting employment opportunities ony drug offense has become final, such per- by this section shall apply only to a convic- consistent with the Transitional Jobs strat- son shall be sentenced to a term of imprison- tion entered on or after the date of enact- egy (as defined in section 4 of the Second ment which may not be less than 20 years’’ ment of this Act. Chance Act of 2007 (34 U.S.C. 60502)).’’; and and inserting the following: ‘‘If any person SEC. 403. CLARIFICATION OF SECTION 924(c) OF (3) by striking subsections (d), (e), and (f) commits such a violation after a prior con- TITLE 18, UNITED STATES CODE. and inserting the following: viction for a serious drug felony or serious (a) IN GENERAL.—Section 924(c)(1)(C) of ‘‘(d) COMBINED GRANT APPLICATION; PRI- violent felony has become final, such person title 18, United States Code, is amended, in ORITY CONSIDERATION.— shall be sentenced to a term of imprisonment the matter preceding clause (i), by striking ‘‘(1) IN GENERAL.—The Attorney General of not less than 15 years’’; and ‘‘second or subsequent conviction under this shall develop a procedure to allow applicants (ii) by striking ‘‘after two or more prior subsection’’ and inserting ‘‘violation of this to submit a single application for a planning convictions for a felony drug offense have be- subsection that occurs after a prior convic- grant under subsection (e) and an implemen- come final, such person shall be sentenced to tion under this subsection has become final’’. tation grant under subsection (f). a mandatory term of life imprisonment with- (b) APPLICABILITY TO PENDING CASES.—This ‘‘(2) PRIORITY CONSIDERATION.—The Attor- out release’’ and inserting the following: section, and the amendments made by this ney General shall give priority consideration ‘‘after 2 or more prior convictions for a seri- section, shall apply to any offense that was to grant applications under subsections (e) ous drug felony or serious violent felony committed before the date of enactment of and (f) that include a commitment by the ap- have become final, such person shall be sen- this Act, if a sentence for the offense has not plicant to partner with a local evaluator to tenced to a term of imprisonment of not less been imposed as of such date of enactment. identify and analyze data that will— than 25 years’’; and SEC. 404. APPLICATION OF FAIR SENTENCING ‘‘(A) enable the grantee to target the in- (B) in subparagraph (B), in the matter fol- ACT. tended offender population; and lowing clause (viii), by striking ‘‘If any per- (a) DEFINITION OF COVERED OFFENSE.—In ‘‘(B) serve as a baseline for purposes of the son commits such a violation after a prior this section, the term ‘‘covered offense’’ evaluation. conviction for a felony drug offense has be- means a violation of a Federal criminal stat- ‘‘(e) PLANNING GRANTS.— come final’’ and inserting the following: ‘‘If ute, the statutory penalties for which were ‘‘(1) IN GENERAL.—Except as provided in any person commits such a violation after a modified by section 2 or 3 of the Fair Sen- paragraph (3), the Attorney General may

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7702 CONGRESSIONAL RECORD — SENATE December 17, 2018 make a grant to an eligible entity of not subsection (i), to carry out the activities ‘‘(A) beginning on the date on which the more than $75,000 to develop a strategic, col- funded under the grant; planning grant awarded under subsection (e) laborative plan for an adult or juvenile of- ‘‘(F) provides a plan for continued collabo- concludes; or fender reentry demonstration project as de- ration with a local evaluator as necessary to ‘‘(B) in the case of an implementation scribed in subsection (h) that includes— meeting the requirements under subsection grant awarded to an eligible entity that did ‘‘(A) a budget and a budget justification; (h); and not receive a planning grant, beginning on ‘‘(B) a description of the outcome measures ‘‘(G) demonstrates that the applicant par- the date on which the implementation grant that will be used to measure the effective- ticipated in the planning grant process or en- is awarded.’’; ness of the program in promoting public gaged in comparable planning for the reentry (4) in subsection (h)— safety and public health; project. (A) by redesignating paragraphs (2) and (3) ‘‘(C) the activities proposed; ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor- as paragraphs (3) and (4), respectively; and ‘‘(D) a schedule for completion of the ac- ney General shall give priority to grant ap- (B) by striking paragraph (1) and inserting tivities described in subparagraph (C); and plications under this subsection that best— the following: ‘‘(E) a description of the personnel nec- ‘‘(A) focus initiative on geographic areas ‘‘(1) IN GENERAL.—As a condition of receiv- essary to complete the activities described with a disproportionate population of offend- ing financial assistance under subsection (f), in subparagraph (C). ers released from prisons, jails, and juvenile each application shall develop a comprehen- ‘‘(2) MAXIMUM TOTAL GRANTS AND GEO- facilities; sive reentry strategic plan that— GRAPHIC DIVERSITY.— ‘‘(B) include— ‘‘(A) contains a plan to assess inmate re- ‘‘(A) MAXIMUM AMOUNT.—The Attorney ‘‘(i) input from nonprofit organizations, in entry needs and measurable annual and 3- General may not make initial planning any case where relevant input is available year performance outcomes; grants and implementation grants to 1 eligi- and appropriate to the grant application; ‘‘(B) uses, to the maximum extent possible, ble entity in a total amount that is more ‘‘(ii) consultation with crime victims and randomly assigned and controlled studies, or than a $1,000,000. offenders who are released from prisons, rigorous quasi-experimental studies with ‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney jails, and juvenile facilities; matched comparison groups, to determine General shall make every effort to ensure eq- ‘‘(iii) coordination with families of offend- the effectiveness of the program funded with uitable geographic distribution of grants ers; a grant under subsection (f); and under this section and take into consider- ‘‘(iv) input, where appropriate, from the ju- ‘‘(C) includes as a goal of the plan to re- ation the needs of underserved populations, venile justice coordinating council of the reduce the rate of recidivism for offenders re- including rural and tribal communities. gion; leased from prison, jail or a juvenile facility ‘‘(3) PERIOD OF GRANT.—A planning grant ‘‘(v) input, where appropriate, from the re- with funds made available under subsection made under this subsection shall be for a pe- entry coordinating council of the region; or (f). riod of not longer than 1 year, beginning on ‘‘(vi) input, where appropriate, from other ‘‘(2) LOCAL EVALUATOR.—A partnership the first day of the month in which the plan- interested persons; with a local evaluator described in sub- ning grant is made. ‘‘(C) demonstrate effective case assessment section (d)(2) shall require the local eval- ‘‘(f) IMPLEMENTATION GRANTS.— and management abilities in order to provide uator to use the baseline data and target ‘‘(1) APPLICATIONS.—An eligible entity de- comprehensive and continuous reentry, in- population characteristics developed under a siring an implementation grant under this cluding— subsection (e) planning grant to derive a tar- subsection shall submit to the Attorney Gen- ‘‘(i) planning for prerelease transitional get goal for recidivism reduction during the eral an application that— housing and community release that begins 3-year period beginning on the date of imple- ‘‘(A) contains a reentry strategic plan as upon admission for juveniles and jail in- mentation of the program.’’; described in subsection (h), which describes mates, and, as appropriate, for prison in- (5) in subsection (i)(1)— the long-term strategy and incorporates a mates, depending on the length of the sen- (A) in the matter preceding subparagraph detailed implementation schedule, including tence; (A), by striking ‘‘under this section’’ and in- the plans of the applicant to fund the pro- ‘‘(ii) establishing prerelease planning pro- serting ‘‘under subsection (f)’’; and gram after Federal funding is discontinued; cedures to ensure that the eligibility of an (B) in subparagraph (B), by striking ‘‘sub- ‘‘(B) identifies the local government role offender for Federal, tribal, or State benefits section (e)(4)’’ and inserting ‘‘subsection and the role of governmental agencies and upon release is established prior to release, (f)(2)(D)’’; nonprofit organizations that will be coordi- subject to any limitations in law, and to en- (6) in subsection (j)— nated by, and that will collaborate on, the sure that offenders obtain all necessary re- (A) in paragraph (1), by inserting ‘‘for an offender reentry strategy of the applicant, ferrals for reentry services, including assist- implementation grant under subsection (f)’’ and certifies the involvement of such agen- ance identifying and securing suitable hous- after ‘‘applicant’’; cies and organizations; ing; or (B) in paragraph (2)— ‘‘(C) describes the evidence-based method- ‘‘(iii) delivery of continuous and appro- (i) in subparagraph (E), by inserting ‘‘, ology and outcome measures that will be priate mental health services, drug treat- where appropriate’’ after ‘‘support’’; and used to evaluate the program funded with a ment, medical care, job training and place- (ii) by striking subparagraphs (F), (G), and grant under this subsection, and specifically ment, educational services, vocational serv- (H), and inserting the following: explains how such measurements will pro- ices, and any other service or support needed ‘‘(F) increased number of staff trained to vide valid measures of the impact of that for reentry; administer reentry services; program; and ‘‘(D) review the process by which the appli- ‘‘(G) increased proportion of individuals ‘‘(D) describes how the project could be cant adjudicates violations of parole, proba- served by the program among those eligible broadly replicated if demonstrated to be ef- tion, or supervision following release from to receive services; fective. prison, jail, or a juvenile facility, taking ‘‘(H) increased number of individuals re- ‘‘(2) REQUIREMENTS.—The Attorney General into account public safety and the use of ceiving risk screening needs assessment, and may make a grant to an applicant under this graduated, community-based sanctions for case planning services; subsection only if the application— minor and technical violations of parole, ‘‘(I) increased enrollment in, and comple- ‘‘(A) reflects explicit support of the chief probation, or supervision (specifically those tion of treatment services, including sub- executive officer, or their designee, of the violations that are not otherwise, and inde- stance abuse and mental health services State, unit of local government, territory, or pendently, a violation of law); among those assessed as needing such serv- Indian tribe applying for a grant under this ‘‘(E) provide for an independent evaluation ices; subsection; of reentry programs that include, to the ‘‘(J) increased enrollment in and degrees ‘‘(B) provides discussion of the role of Fed- maximum extent possible, random assign- earned from educational programs, including eral corrections, State corrections department and controlled studies to determine the high school, GED, vocational training, and ments, community corrections agencies, ju- effectiveness of such programs; college education; venile justice systems, and tribal or local ‘‘(F) target moderate and high-risk offend- ‘‘(K) increased number of individuals ob- jail systems in ensuring successful reentry of ers for reentry programs through validated taining and retaining employment; offenders into their communities; assessment tools; or ‘‘(L) increased number of individuals ob- ‘‘(C) provides evidence of collaboration ‘‘(G) target offenders with histories of taining and maintaining housing; with State, local, or tribal government agen- homelessness, substance abuse, or mental ill- ‘‘(M) increased self-reports of successful cies overseeing health, housing, child wel- ness, including a prerelease assessment of community living, including stability of liv- fare, education, substance abuse, victims the housing status of the offender and behav- ing situation and positive family relation- services, and employment services, and with ioral health needs of the offender with clear ships; local law enforcement agencies; coordination with mental health, substance ‘‘(N) reduction in drug and alcohol use; and ‘‘(D) provides a plan for analysis of the abuse, and homelessness services systems to ‘‘(O) reduction in recidivism rates for indi- statutory, regulatory, rules-based, and prac- achieve stable and permanent housing out- viduals receiving reentry services after re- tice-based hurdles to reintegration of offend- comes with appropriate support service. lease, as compared to either baseline recidi- ers into the community; ‘‘(4) PERIOD OF GRANT.—A grant made vism rates in the jurisdiction of the grantee ‘‘(E) includes the use of a State, local, ter- under this subsection shall be effective for a or recidivism rates of the control or com- ritorial, or tribal task force, described in 2-year period— parison group.’’;

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7703 (C) in paragraph (3), by striking ‘‘facili- ‘‘(1) within the judiciary and prosecutorial tional education methods carried out with ties.’’ and inserting ‘‘facilities, including a agencies; or grants under this part.’’; and cost-benefit analysis to determine the cost ‘‘(2) with the local corrections agencies, (3) in section 1001(a) of part J of title I of effectiveness of the reentry program.’’; which shall be documented by a written the Omnibus Crime Control and Safe Streets (D) in paragraph (4), by striking ‘‘this sec- agreement that details the terms of access to Act of 1968 (34 U.S.C. 10261(a)), by adding at tion’’ and inserting ‘‘subsection (f)’’; and facilities and participants and provides in- the end the following: (E) in paragraph (5), by striking ‘‘this sec- formation on the history of the organization ‘‘(28) There are authorized to be appro- tion’’ and inserting ‘‘subsection (f)’’; of working with correctional populations.’’; priated to carry out section 3031(a)(4) of part (7) in subsection (k)(1), by striking ‘‘this and NN $5,000,000 for each of fiscal years 2019, section’’ each place the term appears and in- (3) by striking section 2926(a) and inserting 2020, 2021, 2022, and 2023.’’. serting ‘‘subsection (f)’’; the following: (d) CAREERS TRAINING DEMONSTRATION (8) in subsection (l)— ‘‘(a) IN GENERAL.—There are authorized to GRANTS.—Section 115 of the Second Chance (A) in paragraph (2), by inserting ‘‘begin- be appropriated to carry out this part Act of 2007 (34 U.S.C. 60511) is amended— ning on the date on which the most recent $10,000,000 for each of fiscal years 2019 (1) in the heading, by striking ‘‘TECH- implementation grant is made to the grantee through 2023.’’. NOLOGY CAREERS’’ and inserting ‘‘CAREERS’’; under subsection (f)’’ after ‘‘2-year period’’; (c) GRANT PROGRAM TO EVALUATE AND IM- (2) in subsection (a)— and PROVE EDUCATIONAL METHODS AT PRISONS, (A) by striking ‘‘and Indian’’ and inserting (B) in paragraph (4), by striking ‘‘over a 2- JAILS, AND JUVENILE FACILITIES.—Title I of ‘‘nonprofit organizations, and Indian’’; and year period’’ and inserting ‘‘during the 2- the Omnibus Crime Control and Safe Streets (B) by striking ‘‘technology career training year period described in paragraph (2)’’; Act of 1968 (42 U.S.C. 3711 et seq.) is amend- to prisoners’’ and inserting ‘‘career training, (9) in subsection (o)(1), by striking ‘‘appro- ed— including subsidized employment, when part priated’’ and all that follows and inserting (1) by striking the second part designated of a training program, to prisoners and reen- the following: ‘‘appropriated $35,000,000 for as part JJ, as added by the Second Chance tering youth and adults’’; each of fiscal years 2019 through 2023.’’; and Act of 2007 (Public Law 110–199; 122 Stat. 677), (3) in subsection (b)— (10) by adding at the end the following: relating to grants to evaluate and improve (A) by striking ‘‘technology careers train- ‘‘(p) DEFINITION.—In this section, the term educational methods at prisons, jails, and ju- ing’’; ‘reentry court’ means a program that— venile facilities; (B) by striking ‘‘technology-based’’; and ‘‘(1) monitors juvenile and adult eligible (2) by adding at the end the following: (C) by inserting ‘‘, as well as upon transi- offenders reentering the community; ‘‘PART NN—GRANT PROGRAM TO EVALU- tion and reentry into the community’’ after ‘‘(2) provides continual judicial super- ATE AND IMPROVE EDUCATIONAL ‘‘facility’’; vision; METHODS AT PRISONS, JAILS, AND JU- (4) by striking subsection (e); ‘‘(3) provides juvenile and adult eligible of- VENILE FACILITIES (5) by redesignating subsections (c) and (d) fenders reentering the community with co- as subsections (d) and (e), respectively; ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND ordinated and comprehensive reentry serv- IMPROVE EDUCATIONAL METHODS (6) by inserting after subsection (b) the fol- ices and programs, such as— AT PRISONS, JAILS, AND JUVENILE lowing: ‘‘(A) drug and alcohol testing and assess- FACILITIES. ‘‘(c) PRIORITY CONSIDERATION.—Priority ment for treatment; ‘‘(a) GRANT PROGRAM AUTHORIZED.—The consideration shall be given to any applica- ‘‘(B) assessment for substance abuse from a Attorney General may carry out a grant pro- tion under this section that— substance abuse professional who is approved gram under which the Attorney General may ‘‘(1) provides assessment of local demand by the State or Indian tribe and licensed by make grants to States, units of local govern- for employees in the geographic areas to the appropriate entity to provide alcohol and ment, territories, Indian Tribes, and other which offenders are likely to return; drug addiction treatment, as appropriate; public and private entities to— ‘‘(2) conducts individualized reentry career ‘‘(C) substance abuse treatment, including ‘‘(1) evaluate methods to improve academic planning upon the start of incarceration or medication-assisted treatment, from a pro- and vocational education for offenders in post-release employment planning for each vider that is approved by the State or Indian prisons, jails, and juvenile facilities; offender served under the grant; tribe, and licensed, if necessary, to provide ‘‘(2) identify, and make recommendations ‘‘(3) demonstrates connections to employ- medical and other health services; to the Attorney General regarding, best ers within the local community; or ‘‘(D) health (including mental health) serv- practices relating to academic and voca- ‘‘(4) tracks and monitors employment out- ices and assessment; tional education for offenders in prisons, comes.’’; and ‘‘(E) aftercare and case management serv- jails, and juvenile facilities, based on the (7) by adding at the end the following: ices that— evaluation under paragraph (1); ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) facilitate access to clinical care and ‘‘(3) improve the academic and vocational There are authorized to be appropriated to related health services; and education programs (including technology carry out this section $10,000,000 for each of ‘‘(ii) coordinate with such clinical care and career training) available to offenders in fiscal years 2019, 2020, 2021, 2022, and 2023.’’. related health services; and prisons, jails, and juvenile facilities; and (e) OFFENDER REENTRY SUBSTANCE ABUSE ‘‘(F) any other services needed for reentry; ‘‘(4) implement methods to improve aca- AND CRIMINAL JUSTICE COLLABORATION PRO- ‘‘(4) convenes community impact panels, demic and vocational education for offenders GRAM.—Section 201(f)(1) of the Second victim impact panels, or victim impact edu- in prisons, jails, and juvenile facilities con- Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is cational classes; sistent with the best practices identified in amended to read as follows: ‘‘(5) provides and coordinates the delivery subsection (c). ‘‘(1) IN GENERAL.—There are authorized to of community services to juvenile and adult ‘‘(b) APPLICATION.—To be eligible for a be appropriated to carry out this section eligible offenders, including— grant under this part, a State or other entity $15,000,000 for each of fiscal years 2019 ‘‘(A) housing assistance; described in subsection (a) shall submit to through 2023.’’. ‘‘(B) education; the Attorney General an application in such (f) COMMUNITY-BASED MENTORING AND ‘‘(C) job training; form and manner, at such time, and accom- TRANSITIONAL SERVICE GRANTS TO NONPROFIT ‘‘(D) conflict resolution skills training; panied by such information as the Attorney ORGANIZATIONS.— ‘‘(E) batterer intervention programs; and General specifies. (1) IN GENERAL.—Section 211 of the Second ‘‘(F) other appropriate social services; and ‘‘(c) BEST PRACTICES.—Not later than 180 Chance Act of 2007 (34 U.S.C. 60531) is amend- ‘‘(6) establishes and implements graduated days after the date of enactment of the Sec- ed— sanctions and incentives.’’. ond Chance Reauthorization Act of 2018, the (A) in the header, by striking ‘‘MENTORING (b) GRANTS FOR FAMILY-BASED SUBSTANCE Attorney General shall identify and publish GRANTS TO NONPROFIT ORGANIZATIONS’’ and in- ABUSE TREATMENT.—Part DD of title I of the best practices relating to academic and voca- serting ‘‘COMMUNITY-BASED MENTORING AND Omnibus Crime Control and Safe Streets Act tional education for offenders in prisons, TRANSITIONAL SERVICE GRANTS TO NONPROFIT of 1968 (34 U.S.C. 10591 et seq.) is amended— jails, and juvenile facilities. The best prac- ORGANIZATIONS’’; (1) in section 2921 (34 U.S.C. 10591), in the tices shall consider the evaluations per- (B) in subsection (a), by striking ‘‘men- matter preceding paragraph (1), by inserting formed and recommendations made under toring and other’’; ‘‘nonprofit organizations,’’ before ‘‘and In- grants made under subsection (a) before the (C) in subsection (b), by striking paragraph dian’’; date of enactment of the Second Chance Re- (2) and inserting the following: (2) in section 2923 (34 U.S.C. 10593), by add- authorization Act of 2018. ‘‘(2) transitional services to assist in the ing at the end the following: ‘‘(d) REPORT.—Not later than 90 days after reintegration of offenders into the commu- ‘‘(c) PRIORITY CONSIDERATIONS.—The Attor- the last day of the final fiscal year of a grant nity, including— ney General shall give priority consideration under this part, each entity described in sub- ‘‘(A) educational, literacy, and vocational, to grant applications for grants under sec- section (a) receiving such a grant shall sub- services and the Transitional Jobs strategy; tion 2921 that are submitted by a nonprofit mit to the Attorney General a detailed re- ‘‘(B) substance abuse treatment and serv- organization that demonstrates a relation- port of the progress made by the entity using ices; ship with State and local criminal justice such grant, to permit the Attorney General ‘‘(C) coordinated supervision and services agencies, including— to evaluate and improve academic and voca- for offenders, including physical health care

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and comprehensive housing and mental (h) EXTENSION OF THE LENGTH OF SECTION (g) PROHIBITION ON LOBBYING ACTIVITY.— health care; 2976 GRANTS.—Section 6(1) of the Second (1) IN GENERAL.—Amounts made available ‘‘(D) family services; and Chance Act of 2007 (34 U.S.C. 60504(1)) is under a covered grant program may not be ‘‘(E) validated assessment tools to assess amended by inserting ‘‘or under section 2976 used by any covered grantee to— the risk factors of returning inmates; and’’; of the Omnibus Crime Control and Safe (A) lobby any representative of the Depart- and Streets Act of 1968 (34 U.S.C. 10631)’’ after ment of Justice regarding the award of grant (D) in subsection (f), by striking ‘‘this sec- ‘‘and 212’’. funding; or tion’’ and all that follows and inserting the SEC. 503. AUDIT AND ACCOUNTABILITY OF (B) lobby any representative of the Federal following: ‘‘this section $15,000,000 for each of GRANTEES. Government or a State, local, or tribal gov- fiscal years 2019 through 2023.’’. (a) DEFINITIONS.—In this section— ernment regarding the award of grant fund- (2) TABLE OF CONTENTS AMENDMENT.—The (1) the term ‘‘covered grant program’’ ing. table of contents in section 2 of the Second means grants awarded under section 115, 201, (2) PENALTY.—If the Attorney General de- Chance Act of 2007 (Public Law 110–199; 122 or 211 of the Second Chance Act of 2007 (34 termines that a covered grantee has violated Stat. 657) is amended by striking the item re- U.S.C. 60511, 60521, and 60531), as amended by paragraph (1), the Attorney General shall— lating to section 211 and inserting the fol- this title; (A) require the covered grantee to repay lowing: (2) the term ‘‘covered grantee’’ means a re- the grant in full; and ‘‘Sec. 211. Community-based mentoring and cipient of a grant from a covered grant pro- (B) prohibit the covered grantee from re- transitional service grants.’’. gram; ceiving a grant under the covered grant pro- (3) the term ‘‘nonprofit’’, when used with (g) DEFINITIONS.— gram from which it received a grant award respect to an organization, means an organi- (1) IN GENERAL.—Section 4 of the Second during at least the 5-year period beginning zation that is described in section 501(c)(3) of Chance Act of 2007 (34 U.S.C. 60502) is amend- on the date of such violation. the Internal Revenue Code of 1986, and is ex- ed to read as follows: empt from taxation under section 501(a) of SEC. 504. FEDERAL REENTRY IMPROVEMENTS. ‘‘SEC. 4. DEFINITIONS. such Code; and (a) RESPONSIBLE REINTEGRATION OF OF- ‘‘In this Act— (4) the term ‘‘unresolved audit finding’’ FENDERS.—Section 212 of the Second Chance ‘‘(1) the term ‘exoneree’ means an indi- means an audit report finding in a final Act of 2007 (34 U.S.C. 60532) is repealed. vidual who— audit report of the Inspector General of the (b) FEDERAL PRISONER REENTRY INITIA- ‘‘(A) has been convicted of a Federal, trib- Department of Justice that a covered grant- TIVE.—Section 231 of the Second Chance Act al, or State offense that is punishable by a ee has used grant funds awarded to that of 2007 (434 U.S.C. 60541) is amended— term of imprisonment of more than 1 year; grantee under a covered grant program for (1) in subsection (g)— ‘‘(B) has served a term of imprisonment for an unauthorized expenditure or otherwise (A) in paragraph (3), by striking ‘‘carried not less than 6 months in a Federal, tribal, unallowable cost that is not closed or re- out during fiscal years 2009 and 2010’’ and in- or State prison or correctional facility as a solved during a 12-month period prior to the serting ‘‘carried out during fiscal years 2019 result of the conviction described in subpara- date on which the final audit report is through 2023’’; and graph (A); and issued. (B) in paragraph (5)(A)(ii), by striking ‘‘the ‘‘(C) has been determined to be factually (b) AUDIT REQUIREMENT.—Beginning in fis- greater of 10 years or’’; innocent of the offense described in subpara- cal year 2019, and annually thereafter, the (2) by striking subsection (h); graph (A); Inspector General of the Department of Jus- (3) by redesignating subsection (i) as sub- ‘‘(2) the term ‘Indian tribe’ has the mean- tice shall conduct audits of covered grantees section (h); and ing given in section 901 of title I of the Omni- to prevent waste, fraud, and abuse of funds (4) in subsection (h), as so redesignated, by bus Crime Control and Safe Streets Act of awarded under covered grant programs. The striking ‘‘2009 and 2010’’ and inserting ‘‘2019 1968 (34 U.S.C. 10251); Inspector General shall determine the appro- through 2023’’. ‘‘(3) the term ‘offender’ includes an priate number of covered grantees to be au- (c) ENHANCING REPORTING REQUIREMENTS exoneree; and dited each year. PERTAINING TO COMMUNITY CORRECTIONS.— ‘‘(4) the term ‘Transitional Jobs strategy’ (c) MANDATORY EXCLUSION.—A grantee that Section 3624(c) of title 18, United States means an employment strategy for youth is found to have an unresolved audit finding Code, is amended— and adults who are chronically unemployed under an audit conducted under subsection (1) in paragraph (5), in the second sentence, or those that have barriers to employment (b) may not receive grant funds under a cov- by inserting ‘‘, and number of prisoners not that— ered grant program in the fiscal year fol- being placed in community corrections fa- ‘‘(A) is conducted by State, tribal, and lowing the fiscal year to which the finding cilities for each reason set forth’’ before ‘‘, local governments, State, tribal, and local relates. and any other information’’; and (d) REIMBURSEMENT.—If a covered grantee workforce boards, and nonprofit organiza- (2) in paragraph (6), by striking ‘‘the Sec- is awarded funds under the covered grant tions; ond Chance Act of 2007’’ and inserting ‘‘the program from which it received a grant ‘‘(B) provides time-limited employment Second Chance Reauthorization Act of 2018’’. award during the 1-fiscal-year period during using individual placements, team place- (d) TERMINATION OF STUDY ON EFFECTIVE- which the covered grantee is ineligible for an ments, and social enterprise placements, NESS OF DEPOT NALTREXONE FOR HEROIN AD- without displacing existing employees; allocation of grant funds under subsection (c), the Attorney General shall— DICTION.—Section 244 of the Second Chance ‘‘(C) pays wages in accordance with appli- (1) deposit into the General Fund of the Act of 2007 (34 U.S.C. 60554) is repealed. cable law, but in no event less than the high- Treasury an amount that is equal to the (e) AUTHORIZATION OF APPROPRIATIONS FOR er of the rate specified in section 6(a)(1) of amount of the grant funds that were improp- RESEARCH.—Section 245 of the Second the Fair Labor Standards Act of 1938 (29 erly awarded to the covered grantee; and Chance Act of 2007 (34 U.S.C. 60555) is amend- U.S.C. 206(a)(1)) or the applicable State or (2) seek to recoup the costs of the repay- ed— local minimum wage law, which are sub- ment to the Fund from the covered grantee (1) by striking ‘‘243, and 244’’ and inserting sidized, in whole or in part, by public funds; that was improperly awarded the grant ‘‘and 243’’; and ‘‘(D) combines time-limited employment funds. (2) by striking ‘‘$10,000,000 for each of the with activities that promote skill develop- (e) PRIORITY OF GRANT AWARDS.—The At- fiscal years 2009 and 2010’’ and inserting ment, remove barriers to employment, and torney General, in awarding grants under a ‘‘$5,000,000 for each of the fiscal years 2019, lead to unsubsidized employment such as a covered grant program shall give priority to 2020, 2021, 2022, and 2023’’. thorough orientation and individual assess- eligible entities that during the 2-year pe- (f) FEDERAL PRISONER RECIDIVISM REDUC- ment, job readiness and life skills training, riod preceding the application for a grant TION PROGRAMMING ENHANCEMENT.— case management and supportive services, have not been found to have an unresolved (1) IN GENERAL.—Section 3621 of title 18, adult education and training, child support- audit finding. United States Code, as amended by section related services, job retention support and (f) NONPROFIT REQUIREMENTS.— 102(a) of this Act, is amended— incentives, and other similar activities; (1) PROHIBITION.—A nonprofit organization (A) by redesignating subsection (g) as sub- ‘‘(E) places participants into unsubsidized that holds money in offshore accounts for section (i); and employment; and the purpose of avoiding the tax described in (B) by inserting after subsection (f) the fol- ‘‘(F) provides job retention, re-employment section 511(a) of the Internal Revenue Code lowing: services, and continuing and vocational edu- of 1986, shall not be eligible to receive, di- ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO cation to ensure continuing participation in rectly or indirectly, any funds from a cov- REENTRY PROGRAMS PROVEN TO REDUCE RE- unsubsidized employment and identification ered grant program. CIDIVISM.— of opportunities for advancement.’’. (2) DISCLOSURE.—Each nonprofit organiza- ‘‘(1) DEFINITION.—The term ‘demonstrated (2) TABLE OF CONTENTS AMENDMENT.—The tion that is a covered grantee shall disclose to reduce recidivism’ means that the Direc- table of contents in section 2 of the Second in its application for such a grant, as a con- tor of Bureau of Prisons has determined that Chance Act of 2007 (Public Law 110–199; 122 dition of receipt of such a grant, the com- appropriate research has been conducted and Stat. 657) is amended by striking the item re- pensation of its officers, directors, and trust- has validated the effectiveness of the type of lating to section 4 and inserting the fol- ees. Such disclosure shall include a descrip- program on recidivism. lowing: tion of the criteria relied on to determine ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION ‘‘Sec. 4. Definitions.’’. such compensation. PARTNERSHIP.—A faith-based or community-

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7705 based nonprofit organization that provides funds may be expended to host a conference. tute of Justice identifies metrics and out- mentoring or other programs that have been A conference that uses more than $20,000 in comes under paragraph (1), the Attorney demonstrated to reduce recidivism is eligible such funds, but less than an average of $500 General shall publish such metrics and out- to enter into a recidivism reduction partner- in such funds for each attendee of the con- comes identified. ship with a prison or community-based facil- ference, shall not be subject to the limita- (e) DATA COLLECTION.—As a condition of ity operated by the Bureau of Prisons. tions of this section. award under the Second Chance Act grant ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— (b) WRITTEN APPROVAL.—Written approval program (including a subaward under section The Director of the Bureau of Prisons shall under subsection (a) shall include a written 3021(b) of title I of the Omnibus Crime Con- develop policies to require wardens of pris- estimate of all costs associated with the control and Safe Streets Act of 1968 (34 U.S.C. ons and community-based facilities to enter ference, including the cost of all food and 10701(b))), grantees shall be required to col- into recidivism reduction partnerships with beverages, audiovisual equipment, honoraria lect and report to the Department of Justice faith-based and community-based nonprofit for speakers, and any entertainment. data based upon the metrics identified under (c) REPORT.—The Deputy Attorney General organizations that are willing to provide, on subsection (d). In accordance with applicable shall submit an annual report to the Com- a volunteer basis, programs described in law, collection of individual-level data under mittee on the Judiciary of the Senate and paragraph (2). a pledge of confidentiality shall be protected the Committee on the Judiciary of the House by the National Institute of Justice in ac- ‘‘(4) REPORTING REQUIREMENT.—The Direc- of Representatives on all approved con- tor of the Bureau of Prisons shall submit to cordance with such pledge. ference expenditures referenced in this sec- (f) DATA ACCESSIBILITY.—Not later than 5 Congress an annual report on the last day of tion. years after the date of enactment of this each fiscal year that— SEC. 507. EVALUATION OF THE SECOND CHANCE Act, the National Institute of Justice shall— ‘‘(A) details, for each prison and commu- ACT PROGRAM. (1) make data collected during the course nity-based facility for the fiscal year just (a) EVALUATION OF THE SECOND CHANCE ACT of evaluation under this section available in ended— GRANT PROGRAM.—Not later than 5 years de-identified form in such a manner that rea- ‘‘(i) the number of recidivism reduction after the date of enactment of this Act, the sonably protects a pledge of confidentiality partnerships under this section that were in National Institute of Justice shall evaluate to participants under subsection (e); and effect; the effectiveness of grants used by the De- (2) make identifiable data collected during ‘‘(ii) the number of volunteers that pro- partment of Justice to support offender re- the course of evaluation under this section vided recidivism reduction programming; entry and recidivism reduction programs at available to qualified researchers for future and the State, local, Tribal, and Federal levels. research and evaluation, in accordance with ‘‘(iii) the number of recidivism reduction The National Institute of Justice shall applicable law. programming hours provided; and evaluate the following: (g) PUBLICATION AND REPORTING OF EVAL- ‘‘(B) explains any disparities between fa- (1) The effectiveness of such programs in UATION FINDINGS.—The National Institute of cilities in the numbers reported under sub- relation to their cost, including the extent Justice shall— paragraph (A).’’. to which the programs improve reentry out- (1) not later than 365 days after the date on (2) EFFECTIVE DATE.—The amendments comes, including employment, education, which the enrollment of participants in an made by paragraph (1) shall take effect 180 housing, reductions in recidivism, of partici- impact evaluation is completed, publish an days after the date of enactment of this Act. pants in comparison to comparably situated interim report on such evaluation; (g) REPEALS.— individuals who did not participate in such (2) not later than 90 days after the date on (1) Section 2978 of title I of the Omnibus programs and activities. which any evaluation is completed, publish Crime Control and Safe Streets Act of 1968 (2) The effectiveness of program structures and make publicly available such evaluation; (34 U.S.C. 10633) is repealed. and mechanisms for delivery of services. and (2) Part CC of title I of the Omnibus Crime (3) The impact of such programs on the (3) not later than 60 days after the comple- Control and Safe Streets Act of 1968 (34 communities and participants involved. tion date described in paragraph (2), submit U.S.C. 10581 et seq.) is repealed. (4) The impact of such programs on related a report to the Committee on the Judiciary SEC. 505. FEDERAL INTERAGENCY REENTRY CO- programs and activities. of the House of Representatives and the ORDINATION. (5) The extent to which such programs Committee on the Judiciary of the Senate on (a) REENTRY COORDINATION.—The Attorney meet the needs of various demographic such evaluation. General, in consultation with the Secretary groups. (h) SECOND CHANCE ACT GRANT PROGRAM of Housing and Urban Development, the Sec- (6) The quality and effectiveness of tech- DEFINED.—In this section, the term ‘‘Second retary of Labor, the Secretary of Education, nical assistance provided by the Department Chance Act grant program’’ means any grant the Secretary of Health and Human Services, of Justice to grantees for implementing such program reauthorized under this title and the Secretary of Veterans Affairs, the Sec- programs. the amendments made by this title. retary of Agriculture, and the heads of such (7) Such other factors as may be appro- SEC. 508. GAO REVIEW. other agencies of the Federal Government as priate. Not later than 3 years after the date of en- the Attorney General considers appropriate, (b) AUTHORIZATION OF FUNDS FOR EVALUA- actment of the First Step Act of 2018 the and in collaboration with interested persons, TION.—Not more than 1 percent of any Comptroller General of the United States service providers, nonprofit organizations, amounts authorized to be appropriated to shall conduct a review of all of the grant and State, tribal, and local governments, carry out the Second Chance Act grant pro- awards made under this title and amend- shall coordinate on Federal programs, poli- gram shall be made available to the National ments made by this title that includes— cies, and activities relating to the reentry of Institute of Justice each year to evaluate (1) an evaluation of the effectiveness of the individuals returning from incarceration to the processes, implementation, outcomes, reentry programs funded by grant awards the community, with an emphasis on evi- costs, and effectiveness of the Second Chance under this title and amendments made by dence-based practices and protection against Act grant program in improving reentry and this title at reducing recidivism, including a duplication of services. reducing recidivism. Such funding may be determination of which reentry programs (b) REPORT.—Not later than 2 years after used to provide support to grantees for sup- were most effective; the date of the enactment of this Act, the plemental data collection, analysis, and co- (2) recommendations on how to improve Attorney General, in consultation with the ordination associated with evaluation activi- the effectiveness of reentry programs, in- ties. Secretaries listed in subsection (a), shall cluding those for which prisoners may earn (c) TECHNIQUES.—Evaluations conducted submit to Congress a report summarizing the under this section shall use appropriate time credits under the First Step Act of 2018; achievements under subsection (a), and in- methodology and research designs. Impact and cluding recommendations for Congress that evaluations conducted under this section (3) an evaluation of the effectiveness of would further reduce barriers to successful shall include the use of intervention and con- mental health services, drug treatment, reentry. trol groups chosen by random assignment medical care, job training and placement, SEC. 506. CONFERENCE EXPENDITURES. methods, to the extent possible. educational services, and vocational services (a) LIMITATION.—No amounts authorized to (d) METRICS AND OUTCOMES FOR EVALUA- programs funded under this title and amend- be appropriated to the Department of Justice TION.— ments made by this title. under this title, or any amendments made by (1) IN GENERAL.—Not later than 180 days TITLE VI—MISCELLANEOUS CRIMINAL this title, may be used by the Attorney Gen- after the date of enactment of this Act, the JUSTICE eral, or by any individual or organization National Institute of Justice shall consult SEC. 601. PLACEMENT OF PRISONERS CLOSE TO awarded discretionary funds under this title, with relevant stakeholders and identify out- FAMILIES. or any amendments made by this title, to come measures, including employment, Section 3621(b) of title 18, United States host or support any expenditure for con- housing, education, and public safety, that Code, is amended— ferences that uses more than $20,000 in De- are to be achieved by programs authorized (1) by striking ‘‘shall designate the place of partment funds, unless the Deputy Attorney under the Second Chance Act grant program the prisoner’s imprisonment.’’ and inserting General or such Assistant Attorney Gen- and the metrics by which the achievement of ‘‘shall designate the place of the prisoner’s erals, Directors, or principal deputies as the such outcomes shall be determined. imprisonment, and shall, subject to bed Deputy Attorney General may designate, (2) PUBLICATION.—Not later than 30 days availability, the prisoner’s security designa- provides prior written authorization that the after the date on which the National Insti- tion, the prisoner’s programmatic needs, the

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7706 CONGRESSIONAL RECORD — SENATE December 17, 2018 prisoner’s mental and medical health needs, States Code), sex offense (as defined in sec- and submission of a request for a sentence any request made by the prisoner related to tion 111(5) of the Sex Offender Registration reduction pursuant to subsection (c)(1)(A); faith-based needs, recommendations of the and Notification Act (34 U.S.C. 20911(5))), of- and sentencing court, and other security con- fense described in section 2332b(g)(5)(B) of ‘‘(C) ensure that all Bureau of Prisons fa- cerns of the Bureau of Prisons, place the title 18, United States Code, or offense under cilities regularly and visibly post, including prisoner in a facility as close as practicable chapter 37 of title 18, United States Code; in prisoner handbooks, staff training mate- to the prisoner’s primary residence, and to ‘‘(ii) satisfies the criteria specified in rials, and facility law libraries and medical the extent practicable, in a facility within clauses (iii) through (vii) of subparagraph and hospice facilities, and make available to 500 driving miles of that residence. The Bu- (A); and prisoners upon demand, notice of— reau shall, subject to consideration of the ‘‘(iii) has been determined by a medical ‘‘(i) a defendant’s ability to request a sen- factors described in the preceding sentence doctor approved by the Bureau of Prisons to tence reduction pursuant to subsection and the prisoner’s preference for staying at be— (c)(1)(A); his or her current facility or being trans- ‘‘(I) in need of care at a nursing home, in- ‘‘(ii) the procedures and timelines for initi- ferred, transfer prisoners to facilities that termediate care facility, or assisted living ating and resolving requests described in are closer to the prisoner’s primary resi- facility, as those terms are defined in section clause (i); and dence even if the prisoner is already in a fa- 232 of the National Housing Act (12 U.S.C. ‘‘(iii) the right to appeal a denial of a re- cility within 500 driving miles of that resi- 1715w); or quest described in clause (i) after all admin- dence.’’; and ‘‘(II) diagnosed with a terminal illness.’’. istrative rights to appeal within the Bureau (2) by adding at the end the following: (b) INCREASING THE USE AND TRANSPARENCY of Prisons have been exhausted. ‘‘Notwithstanding any other provision of OF COMPASSIONATE RELEASE.—Section 3582 of ‘‘(3) ANNUAL REPORT.—Not later than 1 law, a designation of a place of imprison- title 18, United States Code, is amended— year after the date of enactment of this sub- ment under this subsection is not reviewable (1) in subsection (c)(1)(A), in the matter section, and once every year thereafter, the by any court.’’. preceding clause (i), by inserting after ‘‘Bu- Director of the Bureau of Prisons shall sub- SEC. 602. HOME CONFINEMENT FOR LOW-RISK reau of Prisons,’’ the following: ‘‘or upon mo- mit to the Committee on the Judiciary of PRISONERS. tion of the defendant after the defendant has the Senate and the Committee on the Judici- Section 3624(c)(2) of title 18, United States fully exhausted all administrative rights to ary of the House of Representatives a report Code, is amended by adding at the end the appeal a failure of the Bureau of Prisons to on requests for sentence reductions pursuant following: ‘‘The Bureau of Prisons shall, to bring a motion on the defendant’s behalf or to subsection (c)(1)(A), which shall include a the extent practicable, place prisoners with the lapse of 30 days from the receipt of such description of, for the previous year— lower risk levels and lower needs on home a request by the warden of the defendant’s ‘‘(A) the number of prisoners granted and confinement for the maximum amount of facility, whichever is earlier,’’; denied sentence reductions, categorized by time permitted under this paragraph.’’. (2) by redesignating subsection (d) as sub- the criteria relied on as the grounds for a re- SEC. 603. FEDERAL PRISONER REENTRY INITIA- section (e); and duction in sentence; TIVE REAUTHORIZATION; MODIFICA- (3) by inserting after subsection (c) the fol- ‘‘(B) the number of requests initiated by or TION OF IMPOSED TERM OF IMPRIS- lowing: on behalf of prisoners, categorized by the cri- ONMENT. ‘‘(d) NOTIFICATION REQUIREMENTS.— teria relied on as the grounds for a reduction (a) FEDERAL PRISONER REENTRY INITIATIVE ‘‘(1) TERMINAL ILLNESS DEFINED.—In this in sentence; REAUTHORIZATION.—Section 231(g) of the Sec- subsection, the term ‘terminal illness’ means ‘‘(C) the number of requests that Bureau of ond Chance Act of 2007 (34 U.S.C. 60541(g)) is a disease or condition with an end-of-life tra- Prisons employees assisted prisoners in amended— jectory. drafting, preparing, or submitting, cat- (1) in paragraph (1)— ‘‘(2) NOTIFICATION.—The Bureau of Prisons egorized by the criteria relied on as the (A) by inserting ‘‘and eligible terminally shall, subject to any applicable confiden- grounds for a reduction in sentence, and the ill offenders’’ after ‘‘elderly offenders’’ each tiality requirements— final decision made in each request; place the term appears; ‘‘(A) in the case of a defendant diagnosed ‘‘(D) the number of requests that attor- (B) in subparagraph (A), by striking ‘‘a Bu- with a terminal illness— neys, partners, or family members submitted reau of Prisons facility’’ and inserting ‘‘Bu- ‘‘(i) not later than 72 hours after the diag- on a defendant’s behalf, categorized by the reau of Prisons facilities’’; nosis notify the defendant’s attorney, part- criteria relied on as the grounds for a reduc- (C) in subparagraph (B)— ner, and family members of the defendant’s tion in sentence, and the final decision made (i) by striking ‘‘the Bureau of Prisons facil- condition and inform the defendant’s attor- in each request; ity’’ and inserting ‘‘Bureau of Prisons facili- ney, partner, and family members that they ‘‘(E) the number of requests approved by ties’’; and may prepare and submit on the defendant’s the Director of the Bureau of Prisons, cat- (ii) by inserting ‘‘, upon written request behalf a request for a sentence reduction egorized by the criteria relied on as the from either the Bureau of Prisons or an eligi- pursuant to subsection (c)(1)(A); grounds for a reduction in sentence; ble elderly offender or eligible terminally ill ‘‘(ii) not later than 7 days after the date of ‘‘(F) the number of requests denied by the offender’’ after ‘‘to home detention’’; and the diagnosis, provide the defendant’s part- Director of the Bureau of Prisons and the (D) in subparagraph (C), by striking ‘‘the ner and family members (including extended reasons given for each denial, categorized by Bureau of Prisons facility’’ and inserting family) with an opportunity to visit the de- the criteria relied on as the grounds for a re- ‘‘Bureau of Prisons facilities’’; fendant in person; duction in sentence; (2) in paragraph (2), by inserting ‘‘or eligi- ‘‘(iii) upon request from the defendant or ‘‘(G) for each request, the time elapsed be- ble terminally ill offender’’ after ‘‘elderly of- his attorney, partner, or a family member, tween the date the request was received by fender’’; ensure that Bureau of Prisons employees as- the warden and the final decision, cat- (3) in paragraph (3), as amended by section sist the defendant in the preparation, draft- egorized by the criteria relied on as the 504(b)(1)(A) of this Act, by striking ‘‘at least ing, and submission of a request for a sen- grounds for a reduction in sentence; one Bureau of Prisons facility’’ and inserting tence reduction pursuant to subsection ‘‘(H) for each request, the number of pris- ‘‘Bureau of Prisons facilities’’; and (c)(1)(A); and oners who died while their request was pend- (4) in paragraph (4)— ‘‘(iv) not later than 14 days of receipt of a ing and, for each, the amount of time that (A) by inserting ‘‘or eligible terminally ill request for a sentence reduction submitted had elapsed between the date the request was offender’’ after ‘‘each eligible elderly of- on the defendant’s behalf by the defendant or received by the Bureau of Prisons, cat- fender’’; and the defendant’s attorney, partner, or family egorized by the criteria relied on as the (B) by inserting ‘‘and eligible terminally member, process the request; grounds for a reduction in sentence; ill offenders’’ after ‘‘eligible elderly offend- ‘‘(B) in the case of a defendant who is phys- ‘‘(I) the number of Bureau of Prisons noti- ers’’; and ically or mentally unable to submit a re- fications to attorneys, partners, and family (5) in paragraph (5)— quest for a sentence reduction pursuant to members of their right to visit a terminally (A) in subparagraph (A)— subsection (c)(1)(A)— ill defendant as required under paragraph (i) in clause (i), striking ‘‘65 years of age’’ ‘‘(i) inform the defendant’s attorney, part- (2)(A)(ii) and, for each, whether a visit oc- and inserting ‘‘60 years of age’’; and ner, and family members that they may pre- curred and how much time elapsed between (ii) in clause (ii), as amended by section pare and submit on the defendant’s behalf a the notification and the visit; 504(b)(1)(B) of this Act, by striking ‘‘75 per- request for a sentence reduction pursuant to ‘‘(J) the number of visits to terminally ill cent’’ and inserting ‘‘2⁄3’’; and subsection (c)(1)(A); prisoners that were denied by the Bureau of (B) by adding at the end the following: ‘‘(ii) accept and process a request for sen- Prisons due to security or other concerns, ‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.— tence reduction that has been prepared and and the reasons given for each denial; and The term ‘eligible terminally ill offender’ submitted on the defendant’s behalf by the ‘‘(K) the number of motions filed by de- means an offender in the custody of the Bu- defendant’s attorney, partner, or family fendants with the court after all administra- reau of Prisons who— member under clause (i); and tive rights to appeal a denial of a sentence ‘‘(i) is serving a term of imprisonment ‘‘(iii) upon request from the defendant or reduction had been exhausted, the outcome based on conviction for an offense or offenses his attorney, partner, or family member, en- of each motion, and the time that had that do not include any crime of violence (as sure that Bureau of Prisons employees assist elapsed between the date the request was defined in section 16(a) of title 18, United the defendant in the preparation, drafting, first received by the Bureau of Prisons and

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the date the defendant filed the motion with ‘‘(c) DEFINITIONS.—In this section: (F) The wages Federal Prison Industries the court.’’. ‘‘(1) The term ‘office furniture’ means any pays to inmates, taking into account inmate SEC. 604. IDENTIFICATION FOR RETURNING CITI- product or service offering intended to meet productivity and other factors such as secu- ZENS. the furnishing needs of the workplace, in- rity concerns associated with having a facil- (a) IDENTIFICATION AND RELEASE ASSIST- cluding office, healthcare, educational, and ity in a prison. ANCE FOR FEDERAL PRISONERS.—Section hospitality environments. (G) The effect of any additional cost advan- 231(b) of the Second Chance Act of 2007 (34 ‘‘(2) The term ‘public entity’ means a tages Federal Prison Industries has over pri- U.S.C. 60541(b)) is amended— State, a subdivision of a State, an Indian vate sector providers of goods and services, (1) in paragraph (1)— tribe, and an agency or governmental cor- including— (A) by striking ‘‘(including’’ and inserting poration or business of any of the foregoing. (i) the costs absorbed by the Bureau of ‘‘prior to release from a term of imprison- ‘‘(3) The term ‘State’ means a State, the Prisons such as inmate medical care and in- ment in a Federal prison or if the individual District of Columbia, the Commonwealth of frastructure expenses including real estate was not sentenced to a term of imprisonment Puerto Rico, Guam, American Samoa, the and utilities; and in a Federal prison, prior to release from a Northern Mariana Islands, and the United (ii) its exemption from Federal and State sentence to a term in community confine- States Virgin Islands.’’. income taxes and property taxes. ment, including’’; and (b) TECHNICAL AMENDMENT.—The table of (4) An evaluation of the extent to which (B) by striking ‘‘or birth certificate) prior sections for chapter 307 of title 18, United the customers of Federal Prison Industries to release’’ and inserting ‘‘and a birth cer- States Code, is amended by inserting after are satisfied with quality, price, and timely tificate’’; and the item relating to section 4129 the fol- delivery of the products and services pro- (2) by adding at the end the following: lowing: vided it provides, including summaries of ‘‘(4) DEFINITION.—In this subsection, the ‘‘4130. Additional markets.’’. other independent assessments such as re- term ‘community confinement’ means resi- (c) DEFERRED COMPENSATION.—Section ports of agency inspectors general, if appli- dence in a community treatment center, 4126(c)(4) of title 18, United States Code, is cable. halfway house, restitution center, mental amended by inserting after ‘‘operations,’’ the SEC. 606. DE-ESCALATION TRAINING. health facility, alcohol or drug rehabilita- following: ‘‘not less than 15 percent of such Beginning not later than 1 year after the tion center, or other community facility.’’. compensation for any inmate shall be re- date of enactment of this Act, the Director (b) DUTIES OF THE BUREAU OF PRISONS.— served in the fund or a separate account and of the Bureau of Prisons shall incorporate Section 4042(a) of title 18, United States made available to assist the inmate with into training programs provided to officers Code, is amended— costs associated with release from prison,’’. and employees of the Bureau of Prisons (in- (1) by redesignating paragraphs (D) and (E) (d) GAO REPORT.—Beginning not later than cluding officers and employees of an organi- as paragraphs (6) and (7), respectively; 90 days after the date of enactment of this zation with which the Bureau of Prisons has (2) in paragraph (6) (as so redesignated)— Act, the Comptroller General of the United a contract to provide services relating to im- (A) in clause (i)— States shall conduct an audit of Federal prisonment) specialized and comprehensive (i) by striking ‘‘Social Security Cards,’’; Prison Industries that includes the fol- training in procedures to— and lowing: (1) de-escalate encounters between a law (ii) by striking ‘‘and’’ at the end; (1) An evaluation of Federal Prison enforcement officer or an officer or employee (B) by redesignating clause (ii) as clause Industries’s effectiveness in reducing recidi- of the Bureau of Prisons, and a civilian or a (iii); vism compared to other rehabilitative pro- prisoner (as such term is defined in section (C) by inserting after clause (i) the fol- grams in the prison system. 3635 of title 18, United States Code, as added lowing: (2) An evaluation of the scope and size of by section 101(a) of this Act); and ‘‘(ii) obtain identification, including a so- the additional markets made available to (2) identify and appropriately respond to cial security card, driver’s license or other Federal Prison Industries under this section incidents that involve the unique needs of in- official photo identification, and a birth cer- and the total market value that would be dividuals who have a mental illness or cog- tificate; and’’; opened up to Federal Prison Industries for nitive deficit. (D) in clause (iii) (as so redesignated), by competition with private sector providers of SEC. 607. EVIDENCE-BASED TREATMENT FOR inserting after ‘‘prior to release’’ the fol- products and services. OPIOID AND HEROIN ABUSE. lowing: ‘‘from a sentence to a term of impris- (3) An evaluation of whether the following (a) REPORT ON EVIDENCE-BASED TREATMENT onment in a Federal prison or if the indi- factors create an unfair competitive environ- FOR OPIOID AND HEROIN ABUSE.—Not later vidual was not sentenced to a term of impris- ment between Federal Prison Industries and than 90 days after the date of enactment of onment in a Federal prison, prior to release private sector providers of products and serv- this Act, the Director of the Bureau of Pris- from a sentence to a term of community con- ices which would be exacerbated by further ons shall submit to the Committees on the finement’’; and expansion: Judiciary and the Committees on Appropria- (E) by redesignating clauses (i), (ii), and (A) Federal Prison Industries’s status as a tions of the Senate and of the House of Rep- (iii) (as so amended) as subparagraphs (A), mandatory source of supply for Federal resentatives a report assessing the avail- (B), and (C), respectively, and adjusting the agencies and the requirement that the buy- ability of and the capacity of the Bureau of margins accordingly; and ing agency must obtain a waiver in order to Prisons to treat heroin and opioid abuse (3) in paragraph (7) (as so redesignated), by make a competitive purchase from the pri- through evidence-based programs, including redesignating clauses (i) through (vii) as sub- vate sector if the item to be acquired is list- medication-assisted treatment where appro- paragraphs (A) through (G), respectively, and ed on the schedule of products and services priate. In preparing the report, the Director adjusting the margins accordingly. published by Federal Prison Industries. shall consider medication-assisted treatment SEC. 605. EXPANDING INMATE EMPLOYMENT (B) Federal Prison Industries’s ability to as a strategy to assist in treatment where THROUGH FEDERAL PRISON INDUS- determine that the price to be paid by Fed- appropriate and not as a replacement for ho- TRIES. eral Agencies is fair and reasonable, rather listic and other drug-free approaches. The re- (a) NEW MARKET AUTHORIZATIONS.—Chapter than such a determination being made by port shall include a description of plans to 307 of title 18, United States Code, is amend- the buying agency. expand access to evidence-based treatment ed by inserting after section 4129 the fol- (C) An examination of the extent to which for heroin and opioid abuse for prisoners, in- lowing: Federal Prison Industries is bound by the re- cluding access to medication-assisted treat- ‘‘§ 4130. Additional markets quirements of the generally applicable Fed- ment in appropriate cases. Following sub- ‘‘(a) IN GENERAL.—Except as provided in eral Acquisition Regulation pertaining to mission, the Director shall take steps to im- subsection (b), notwithstanding any other the conformity of the delivered product with plement these plans. provision of law, Federal Prison Industries the specified design and performance speci- (b) REPORT ON THE AVAILABILITY OF MEDI- may sell products to— fications and adherence to the delivery CATION-ASSISTED TREATMENT FOR OPIOID AND ‘‘(1) public entities for use in penal or cor- schedule required by the Federal agency, HEROIN ABUSE, AND IMPLEMENTATION THERE- rectional institutions; based on the transactions being categorized OF.—Not later than 120 days after the date of ‘‘(2) public entities for use in disaster relief as interagency transfers. enactment of this Act, the Director of the or emergency response; (D) An examination of the extent to which Administrative Office of the United States ‘‘(3) the government of the District of Co- Federal Prison Industries avoids trans- Courts shall submit to the Committees on lumbia; and actions that are little more than pass the Judiciary and the Committees on Appro- ‘‘(4) any organization described in sub- through transactions where the work propriations of the Senate and of the House of section (c)(3), (c)(4), or (d) of section 501 of vided by inmates does not create meaningful Representatives a report assessing the avail- the Internal Revenue Code of 1986 that is ex- value or meaningful work opportunities for ability of and capacity for the provision of empt from taxation under section 501(a) of inmates. medication-assisted treatment for opioid and such Code. (E) The extent to which Federal Prison In- heroin abuse by treatment service providers ‘‘(b) OFFICE FURNITURE.—Federal Prison dustries must comply with the same worker serving prisoners who are serving a term of Industries may not sell office furniture to protection, workplace safety and similar reg- supervised release, and including a descrip- the organizations described in subsection ulations applicable to, and enforceable tion of plans to expand access to medication- (a)(4). against, Federal contractors. assisted treatment for heroin and opioid

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7708 CONGRESSIONAL RECORD — SENATE December 17, 2018 abuse whenever appropriate among prisoners (6) The number of prisoners who were re- described in paragraphs (1) through (26) of under supervised release. Following submis- ceiving medication-assisted treatment with subsection (a) to the Committee on the Judi- sion, the Director will take steps to imple- medication approved by the Food and Drug ciary of the Senate and the Committee on ment these plans. Administration prior to the commencement the Judiciary of the House of Representa- SEC. 608. PILOT PROGRAMS. of their term of imprisonment. tives. (a) IN GENERAL.—The Bureau of Prisons (7) The number of prisoners who are the SEC. 611. HEALTHCARE PRODUCTS. shall establish each of the following pilot parent or guardian of a minor child. (a) AVAILABILITY.—The Director of the Bu- programs for 5 years, in at least 20 facilities: (8) The number of prisoners who are single, reau of Prisons shall make the healthcare (1) MENTORSHIP FOR YOUTH.—A program to married, or otherwise in a committed rela- products described in subsection (c) available pair youth with volunteers from faith-based tionship. to prisoners for free, in a quantity that is ap- or community organizations, which may in- (9) The number of prisoners who have not propriate to the healthcare needs of each clude formerly incarcerated offenders, that achieved a GED, high school diploma, or prisoner. have relevant experience or expertise in equivalent prior to entering prison. (b) QUALITY PRODUCTS.—The Director shall mentoring, and a willingness to serve as a (10) The number of prisoners who, during ensure that the healthcare products provided mentor in such a capacity. the previous year, received their GED or under this section conform with applicable (2) SERVICE TO ABANDONED, RESCUED, OR other equivalent certificate while incarcer- industry standards. (c) PRODUCTS.—The healthcare products de- OTHERWISE VULNERABLE ANIMALS.—A pro- ated. gram to equip prisoners with the skills to (11) The numbers of prisoners for whom scribed in this subsection are tampons and sanitary napkins. provide training and therapy to animals English is a second language. seized by Federal law enforcement under (12) The number of incidents, during the SEC. 612. ADULT AND JUVENILE COLLABORA- TION PROGRAMS. asset forfeiture authority and to organiza- previous year, in which restraints were used on a female prisoner during pregnancy, Section 2991 of title I of the Omnibus tions that provide shelter and similar serv- Crime Control and Safe Streets Act of 1968 ices to abandoned, rescued, or otherwise vul- labor, or postpartum recovery, as well as information relating to the type of restraints (34 U.S.C. 10651) is amended— nerable animals. (1) in subsection (b)(4)— (b) REPORTING REQUIREMENT.—Not later used, and the circumstances under which (A) by striking subparagraph (D); and than 1 year after the conclusion of the pilot each incident occurred. (B) by redesignating subparagraph (E) as programs, the Attorney General shall report (13) The vacancy rate for medical and subparagraph (D); to Congress on the results of the pilot pro- healthcare staff positions, and average grams under this section. Such report shall length of such a vacancy. (2) in subsection (e), by striking ‘‘may use include cost savings, numbers of partici- (14) The number of facilities that operated, up to 3 percent’’ and inserting ‘‘shall use not pants, and information about recidivism at any time during the previous year, with- less than 6 percent’’; and rates among participants. out at least 1 clinical nurse, certified para- (3) by amending subsection (g) to read as (c) DEFINITION.—In this title, the term medic, or licensed physician on site. follows: ‘‘youth’’ means a prisoner (as such term is (15) The number of facilities that during ‘‘(g) COLLABORATION SET-ASIDE.—The At- defined in section 3635 of title 18, United the previous year were accredited by the torney General shall use not less than 8 per- States Code, as added by section 101(a) of American Correctional Association. cent of funds appropriated to provide tech- this Act) who was 21 years of age or younger (16) The number and type of recidivism re- nical assistance to State and local governments receiving grants under this part to at the time of the commission or alleged duction partnerships described in section foster collaboration between such govern- commission of the criminal offense for which 3621(h)(5) of title 18, United States Code, as ments in furtherance of the purposes set the individual is being prosecuted or serving added by section 102(a) of this Act, entered forth in section 3 of the Mentally Ill Offender a term of imprisonment, as the case may be. into by each facility. (17) The number of facilities with remote Treatment and Crime Reduction Act of 2004 SEC. 609. ENSURING SUPERVISION OF RELEASED (34 U.S.C. 10651 note).’’. SEXUALLY DANGEROUS PERSONS. learning capabilities. SEC. 613. JUVENILE SOLITARY CONFINEMENT. (a) PROBATION OFFICERS.—Section 3603 of (18) The number of facilities that offer title 18, United States Code, is amended in prisoners video conferencing. (a) IN GENERAL.—Chapter 403 of title 18, paragraph (8)(A) by striking ‘‘or 4246’’ and in- (19) Any changes in costs related to legal United States Code, is amended by adding at serting ‘‘, 4246, or 4248’’. phone calls and visits following implementa- the end the following: (b) PRETRIAL SERVICES OFFICERS.—Section tion of section 3632(d)(1) of title 18, United ‘‘§ 5043. Juvenile solitary confinement 3154 of title 18, United States Code, is amend- States Code, as added by section 101(a) of ‘‘(a) DEFINITIONS.—In this section— ed in paragraph (12)(A) by striking ‘‘or 4246’’ this Act. ‘‘(1) the term ‘covered juvenile’ means— and inserting ‘‘, 4246, or 4248’’. (20) The number of aliens in prison during ‘‘(A) a juvenile who— SEC. 610. DATA COLLECTION. the previous year. ‘‘(i) is being proceeded against under this (a) NATIONAL PRISONER STATISTICS PRO- (21) For each Bureau of Prisons facility, chapter for an alleged act of juvenile delin- GRAM.—Beginning not later than 1 year after the total number of violations that resulted quency; or the date of enactment of this Act, and annu- in reductions in rewards, incentives, or time ‘‘(ii) has been adjudicated delinquent under ally thereafter, pursuant to the authority credits, the number of such violations for this chapter; or under section 302 of the Omnibus Crime Con- each category of violation, and the demo- ‘‘(B) a juvenile who is being proceeded trol and Safe Streets Act of 1968 (42 U.S.C. graphic breakdown of the prisoners who have against as an adult in a district court of the 3732), the Director of the Bureau of Justice received such reductions. United States for an alleged criminal of- Statistics, with information that shall be (22) The number of assaults on Bureau of fense; provided by the Director of the Bureau of Prisons staff by prisoners and the number of ‘‘(2) the term ‘juvenile facility’ means any Prisons, shall include in the National Pris- criminal prosecutions of prisoners for as- facility where covered juveniles are— oner Statistics Program the following: saulting Bureau of Prisons staff. ‘‘(A) committed pursuant to an adjudica- (1) The number of prisoners (as such term (23) The capacity of each recidivism reduction of delinquency under this chapter; or is defined in section 3635 of title 18, United tion program and productive activity to ac- ‘‘(B) detained prior to disposition or con- States Code, as added by section 101(a) of commodate eligible inmates at each Bureau viction; and this Act) who are veterans of the Armed of Prisons facility. ‘‘(3) the term ‘room confinement’ means Forces of the United States. (24) The number of volunteers who were the involuntary placement of a covered juve- (2) The number of prisoners who have been certified to volunteer in a Bureau of Prisons nile alone in a cell, room, or other area for placed in solitary confinement at any time facility, broken down by level (level I and any reason. during the previous year. level II), and by each Bureau of Prisons facil- ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN (3) The number of female prisoners known ity. JUVENILE FACILITIES.— by the Bureau of Prisons to be pregnant, as (25) The number of prisoners enrolled in re- ‘‘(1) IN GENERAL.—The use of room confine- well as the outcomes of such pregnancies, in- cidivism reduction programs and productive ment at a juvenile facility for discipline, cluding information on pregnancies that re- activities at each Bureau of Prisons facility, punishment, retaliation, or any reason other sult in live birth, stillbirth, miscarriage, broken down by risk level and by program, than as a temporary response to a covered abortion, ectopic pregnancy, maternal death, and the number of those enrolled prisoners juvenile’s behavior that poses a serious and neonatal death, and preterm birth. who successfully completed each program. immediate risk of physical harm to any indi- (4) The number of prisoners who volun- (26) The breakdown of prisoners classified vidual, including the covered juvenile, is pro- teered to participate in a substance abuse at each risk level by demographic character- hibited. treatment program, and the number of pris- istics, including age, sex, race, and the ‘‘(2) JUVENILES POSING RISK OF HARM.— oners who have participated in such a pro- length of the sentence imposed. ‘‘(A) REQUIREMENT TO USE LEAST RESTRIC- gram. (b) REPORT TO JUDICIARY COMMITTEES.—Be- TIVE TECHNIQUES.— (5) The number of prisoners provided medi- ginning not later than 1 year after the date ‘‘(i) IN GENERAL.—Before a staff member of cation-assisted treatment with medication of enactment of this Act, and annually a juvenile facility places a covered juvenile approved by the Food and Drug Administra- thereafter for a period of 7 years, the Direc- in room confinement, the staff member shall tion while in custody in order to treat sub- tor of the Bureau of Justice Statistics shall attempt to use less restrictive techniques, stance use disorder. submit a report containing the information including—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7709 ‘‘(I) talking with the covered juvenile in an (1) in subsection (b)(2)(A)— (II) by striking ‘‘paragraphs (3), (4), and attempt to de-escalate the situation; and (A) by striking ‘‘, and the property subject (5)’’ and inserting ‘‘paragraphs (1), (2), and ‘‘(II) permitting a qualified mental health to forfeiture is real property that is being (3)’’; and professional to talk to the covered juvenile. used by the person as a primary residence,’’; (B) in section 983(g)— ‘‘(ii) EXPLANATION.—If, after attempting to and (i) in paragraph (3), by striking ‘‘grossly’’; use less restrictive techniques as required (B) by striking ‘‘, at the request of the per- and under clause (i), a staff member of a juvenile son, shall insure’’ and inserting ‘‘shall en- (ii) in paragraph (4), by striking ‘‘grossly’’. facility decides to place a covered juvenile in sure’’; (3) TARIFF ACT OF 1930.—The Tariff Act of room confinement, the staff member shall (2) in subsection (c)— 1930 (19 U.S.C. 1304 et seq.) is amended— first— (A) in paragraph (1), by striking ‘‘a prepon- (A) in section 613A(a) (19 U.S.C. 1613b(a))— ‘‘(I) explain to the covered juvenile the derance of the evidence’’ and inserting (i) in paragraph (1)— reasons for the room confinement; and ‘‘clear and convincing evidence’’; (I) in subparagraph (D), by inserting ‘‘and’’ ‘‘(II) inform the covered juvenile that re- (B) in paragraph (2), by striking ‘‘a prepon- after the semicolon; lease from room confinement will occur— derance of the evidence’’ and inserting (II) in subparagraph (E), by striking ‘‘; ‘‘(aa) immediately when the covered juve- ‘‘clear and convincing evidence’’; and and’’ and inserting a period; and nile regains self-control, as described in sub- (C) by striking paragraph (3) and inserting (III) by striking subparagraph (F); and paragraph (B)(i); or the following: (ii) in paragraph (2)— ‘‘(bb) not later than after the expiration of ‘‘(3) if the Government’s theory of for- (I) by striking ‘‘(A) Any payment’’ and in- the time period described in subclause (I) or feiture is that the property was used to com- serting ‘‘Any payment’’; and (II) of subparagraph (B)(ii), as applicable. mit or facilitate the commission of a crimi- (II) by striking subparagraph (B); and ‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If nal offense, or was involved in the commis- (B) in section 616 (19 U.S.C. 1616a)— a covered juvenile is placed in room confine- sion of a criminal offense, the Government (i) in the section heading, by striking ment because the covered juvenile poses a shall establish, by clear and convincing evi- ‘‘TRANSFER OF FORFEITED PROPERTY’’ and in- serious and immediate risk of physical harm dence, that— serting ‘‘DISMISSAL IN FAVOR OF FORFEITURE to himself or herself, or to others, the cov- ‘‘(A) there was a substantial connection be- UNDER STATE LAW’’; ered juvenile shall be released— tween the property and the offense; and (ii) in subsection (a), by striking ‘‘(a) The ‘‘(i) immediately when the covered juvenile ‘‘(B) the owner of any interest in the seized Secretary’’ and inserting ‘‘The Secretary’’; has sufficiently gained control so as to no property— and longer engage in behavior that threatens se- ‘‘(i) used the property with intent to facili- (iii) by striking subsections (b) through (d). rious and immediate risk of physical harm to tate the offense; or (4) TITLE 31.—Section 9703 of title 31, himself or herself, or to others; or ‘‘(ii) knowingly consented or was willfully United States Code, is amended— ‘‘(ii) if a covered juvenile does not suffi- blind to the use of the property by another in (A) in subsection (a)(1)— ciently gain control as described in clause connection with the offense.’’; and (i) by striking subparagraph (G); and (i), not later than— (3) in subsection (d)(2)(A), by striking ‘‘an (ii) by redesignating subparagraphs (H) ‘‘(I) 3 hours after being placed in room con- owner who’’ and all that follows through through (J) as subparagraphs (G) through (I), finement, in the case of a covered juvenile ‘‘upon learning’’ and inserting ‘‘an owner respectively; and who poses a serious and immediate risk of who, upon learning’’. (B) in subsection (b)— physical harm to others; or (i) by striking paragraphs (2) and (4); and ‘‘(II) 30 minutes after being placed in room (b) DISPOSITION OF FORFEITED PROPERTY.— (ii) by redesignating paragraphs (3) and (5) confinement, in the case of a covered juve- (1) REVISIONS TO CONTROLLED SUBSTANCES as paragraphs (2) and (3), respectively. nile who poses a serious and immediate risk ACT.—Section 511(e) of the Controlled Sub- of physical harm only to himself or herself. stances Act (21 U.S.C. 881(e)) is amended— (c) DEPARTMENT OF JUSTICE ASSETS FOR- FEITURE FUND DEPOSITS.—Section 524(c)(4) of ‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD (A) in paragraph (1)— title 28, United States Code, is amended— OF CONFINEMENT.—If, after the applicable (i) in the matter preceding subparagraph maximum period of confinement under sub- (A), by striking ‘‘civilly or’’; (1) by striking subparagraphs (A) and (B); clause (I) or (II) of subparagraph (B)(ii) has (ii) by striking subparagraph (A); and and expired, a covered juvenile continues to pose (iii) by redesignating subparagraphs (B) (2) by redesignating subparagraphs (C) and a serious and immediate risk of physical through (E) as subparagraphs (A) through (D) as subparagraphs (A) and (B), respec- harm described in that subclause— (D), respectively; tively. ‘‘(i) the covered juvenile shall be trans- (B) in paragraph (2)— (d) STRUCTURING TRANSACTIONS TO EVADE ferred to another juvenile facility or internal (i) in subparagraph (A), in the matter pre- REPORTING REQUIREMENT PROHIBITED.— location where services can be provided to ceding clause (i), by striking ‘‘subparagraph (1) AMENDMENTS TO TITLE 31.—Section 5324 the covered juvenile without relying on room (B) of paragraph (1)’’ and inserting ‘‘para- of title 31, United States Code, is amended— confinement; or graph (1)(A)’’; and (A) in subsection (a)— ‘‘(ii) if a qualified mental health profes- (ii) in subparagraph (B), by striking ‘‘ac- (i) in the matter preceding paragraph (1), sional believes the level of crisis service cordance with section 524(c) of title 28,’’ and by inserting ‘‘knowingly’’ after ‘‘Public Law needed is not currently available, a staff inserting ‘‘the General Fund of the Treasury 91–508’’; and member of the juvenile facility shall initiate of the United States’’; (ii) in paragraph (3), by inserting ‘‘of funds a referral to a location that can meet the (C) by striking paragraph (3); not derived from a legitimate source’’ after needs of the covered juvenile. (D) by redesignating paragraph (4) as para- ‘‘any transaction’’; ‘‘(D) SPIRIT AND PURPOSE.—The use of con- graph (3); and (B) in subsection (b), in the matter pre- secutive periods of room confinement to (E) in paragraph (3), as redesignated— ceding paragraph (1), by inserting ‘‘know- evade the spirit and purpose of this sub- (i) in subparagraph (A), by striking ‘‘para- ingly’’ after ‘‘such section’’; and section shall be prohibited.’’. graph (1)(B)’’ and inserting ‘‘paragraph (C) in subsection (c), in the matter pre- (b) TECHNICAL AND CONFORMING AMEND- (1)(A)’’; and ceding paragraph (1), by inserting ‘‘know- MENT.—The table of sections for chapter 403 (ii) in subparagraph (B), in the matter pre- ingly’’ after ‘‘section 5316’’. of title 18, United States Code, is amended by ceding clause (i), by striking ‘‘paragraph (2) PROBABLE CAUSE HEARING IN CONNECTION adding at the end the following: (1)(B) that is civilly or’’ and inserting para- WITH PROPERTY SEIZURES RELATING TO CER- ‘‘5043. Juvenile solitary confinement.’’. graph ‘‘(1)(A) that is’’. TAIN MONETARY INSTRUMENTS TRANS- (2) REVISIONS TO TITLE 18.—Chapter 46 of ACTIONS.— SA 4133. Mr. PAUL submitted an title 18, United States Code, is amended— (A) AMENDMENT.—Section 5317 of title 31, amendment intended to be proposed to (A) in section 981(e)— United States Code, is amended by adding at amendment SA 4108 proposed by Mr. (i) by striking ‘‘is authorized’’ and all that the end the following: MCCONNELL (for Mr. GRASSLEY) to the follows through ‘‘or forfeiture of the prop- ‘‘(d) PROBABLE CAUSE HEARING IN CONNEC- bill S. 756, to reauthorize and amend erty;’’ and inserting ‘‘shall forward to the TION WITH PROPERTY SEIZURES RELATING TO Treasurer of the United States any proceeds CERTAIN MONETARY INSTRUMENTS TRANS- the Marine Debris Act to promote of property forfeited pursuant to this section ACTIONS.— international action to reduce marine for deposit in the General Fund of the Treas- ‘‘(1) IN GENERAL.—Not later than 14 days debris, and for other purposes; which ury or transfer such property on such terms after the date on which notice is provided was ordered to lie on the table; as fol- and conditions as such officer may deter- under paragraph (2)— lows: mine—’’; ‘‘(A) a court of competent jurisdiction At the appropriate place, insert the fol- (ii) by redesignating paragraphs (3), (4), (5), shall conduct a hearing on any property lowing: (6), and (7) as paragraphs (1), (2), (3), (4), and seized or restrained under subsection (c)(2) SEC. llll. FIFTH AMENDMENT INTEGRITY (5), respectively; and with respect to an alleged violation of sec- RESTORATION. (iii) in the matter following paragraph (5), tion 5324; and (a) CIVIL FORFEITURE PROCEEDINGS.—Sec- as so redesignated— ‘‘(B) any property described in subpara- tion 983 of title 18, United States Code, is (I) by striking the first, second, third, graph (A) shall be returned unless the court amended— sixth, and eighth sentences; and finds that there is probable cause to believe

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that there is a violation of section 5324 in- (b) DEFINITIONS.—Section 3673 of title 18, ‘‘(1) the term ‘covered offense’— volving the property. United States Code, is amended— ‘‘(A) means an offense— ‘‘(2) NOTICE.—Each person from whom (1) in the matter preceding paragraph (1), ‘‘(i) specified in— property is seized or restrained under sub- by striking ‘‘As’’ and inserting the following: ‘‘(I) this title or any other Act of Congress; section (c)(2) with respect to an alleged vio- ‘‘(a) As’’; and ‘‘(II) any regulation; or lation of section 5324 shall be notified of the (2) by adding at the end the following: ‘‘(III) any law (including regulations) of right of the person to a hearing under para- ‘‘(b) As used in this chapter, the term ‘ac- any State or foreign government incor- graph (1).’’. quitted conduct’ means— porated by reference into this title or any (B) APPLICABILITY.—The amendment made ‘‘(1) acts for which a person was criminally other Act of Congress; and by paragraph (1) shall apply to property charged and adjudicated not guilty after ‘‘(ii) that is punishable by imprisonment, a seized or restrained after the date of enact- trial in a Federal or State court; and maximum criminal fine of at least $2,500, or ment of this Act. ‘‘(2) acts underlying criminal charges dis- both; and (e) PROPORTIONALITY.—Section 983(g)(2) of missed— ‘‘(B) does not include— title 18, United States Code, is amended to ‘‘(A) in a Federal court upon a motion for ‘‘(i) any offense set forth in chapter 47 or read as follows: acquittal under rule 29 of the Federal Rules chapter 47A of title 10; or ‘‘(2) In making this determination, the of Criminal Procedure; or ‘‘(ii) any offense incorporated by section court shall consider such factors as— ‘‘(B) in a State court upon a motion for ac- 13(a) of this title; ‘‘(A) the seriousness of the offense; quittal or an analogous motion under the ap- ‘‘(2) the term ‘existing covered offense ‘‘(B) the extent of the nexus of the prop- plicable State rule of criminal procedure.’’. without a state of mind requirement’ means erty to the offense; a covered offense for which— ‘‘(C) the range of sentences available for SA 4136. Mr. HATCH submitted an ‘‘(A) the provision or provisions specifying the offense giving rise to forfeiture; amendment intended to be proposed to the elements of the offense were enacted, ‘‘(D) the fair market value of the property; amendment SA 4108 proposed by Mr. promulgated, or finalized on or before the and MCCONNELL (for Mr. GRASSLEY) to the date of enactment of this section; and ‘‘(E) the hardship to the property owner bill S. 756, to reauthorize and amend ‘‘(B) there is not a state of mind requirement specified for 1 or more elements of the and dependents.’’. the Marine Debris Act to promote (f) REPORTING REQUIREMENTS.—Section covered offense, which shall be determined in 524(c)(6)(i) of title 28, United States Code, is international action to reduce marine accordance with subsection (d)— amended by inserting ‘‘from each type of for- debris, and for other purposes; which ‘‘(i) in the text of the covered offense; or feiture, and specifically identifying which was ordered to lie on the table; as fol- ‘‘(ii) under the precedents of the Supreme funds were obtained from including criminal lows: Court of the United States; forfeitures and which were obtained from At the end of title VI, add the following: ‘‘(3) the term ‘existing covered regulatory civil forfeitures,’’ after ‘‘deposits’’. offense without a state of mind requirement’ SEC. 614. AUTHORITY OF PROBATION OFFICERS. (g) APPLICABILITY.—The amendments made means an existing covered offense without a (a) IN GENERAL.—Section 3606 of title 18, by this section shall apply to— state of mind requirement for which the pro- United States Code, is amended— (1) any civil forfeiture proceeding pending vision or provisions specifying the elements (1) in the heading, by striking ‘‘and return on or filed on or after the date of enactment of the offense are in regulations promulgated of a probationer’’ and by inserting ‘‘author- of this Act; and by an agency; ity of probation officers’’; (2) any amounts received from the for- ‘‘(4) the term ‘future covered offense’ (2) by striking ‘‘If there’’ and inserting ‘‘(a) feiture of property on or after the date of en- means a covered offense for which the provi- If there’’; and actment of this Act. sion or provisions specifying the elements of (3) by adding at the end the following: ‘‘(b) A probation officer, while in the per- the offense are enacted, promulgated, or fi- SA 4134. Mr. PAUL submitted an nalized after the date of enactment of this amendment intended to be proposed to formance of his or her official duties, may arrest a person without a warrant if there is section; amendment SA 4108 proposed by Mr. probable cause to believe that the person has ‘‘(5) the term ‘state of mind’ means will- MCCONNELL (for Mr. GRASSLEY) to the forcibly assaulted, resisted, opposed, im- fully, intentionally, maliciously, knowingly, bill S. 756, to reauthorize and amend peded, intimidated, or interfered with the recklessly, wantonly, negligently, or with the Marine Debris Act to promote probation officer, or a fellow probation offi- reason to believe, or any other word or international action to reduce marine cer, in violation of section 111. The arrest au- phrase that is synonymous with or substan- debris, and for other purposes; which thority described in this subsection shall be tially similar to any such term; and ‘‘(6) the term ‘willfully’, as related to an was ordered to lie on the table; as fol- exercised under such rules and regulations as the Director of the Administrative Office of element of an offense, means— lows: ‘‘(A) that the person acted with knowledge At the appropriate place, insert the fol- the United States Courts shall prescribe.’’. (b) TABLE OF SECTIONS.—The table of sec- that the person’s conduct was unlawful; and lowing: tions for subchapter A of chapter 229 of title ‘‘(B) if the element involves the nature, at- llll SEC. . PROHIBITION ON CIVIL FOR- 18, United States Code, is amended by strik- tendant circumstances, object, or result of FEITURE. the conduct of a person, that— Notwithstanding any other provision of ing the item relating to section 3606 and inserting the following: ‘‘(i) the person had knowledge of the na- law, no property of a person, real or per- ture, attendant circumstances, object, or re- ‘‘3606. Arrest authority of probation offi- sonal, may be forfeited to the United States sult of his or her conduct; and cers.’’. unless the person has been convicted of an ‘‘(ii) it was the conscious object of the per- offense under which the property may be for- son to engage in conduct— feited. SA 4137. Mr. HATCH submitted an amendment intended to be proposed to ‘‘(I) of that nature; Mr. HATCH submitted an ‘‘(II) with that attendant circumstance; SA 4135. amendment SA 4108 proposed by Mr. ‘‘(III) with that object; or amendment intended to be proposed to MCCONNELL (for Mr. GRASSLEY) to the ‘‘(IV) to cause such a result. amendment SA 4108 proposed by Mr. bill S. 756, to reauthorize and amend ‘‘(b) FUTURE COVERED OFFENSES.—A future MCCONNELL (for Mr. GRASSLEY) to the the Marine Debris Act to promote covered offense shall be construed to require bill S. 756, to reauthorize and amend international action to reduce marine the Government to prove beyond a reason- the Marine Debris Act to promote debris, and for other purposes; which able doubt that the defendant acted— ‘‘(1) with the state of mind specified in the international action to reduce marine was ordered to lie on the table; as fol- debris, and for other purposes; which text of the future covered offense for each lows: element of the offense for which the text was ordered to lie on the table; as fol- At the end, add the following: specifies a state of mind; and lows: TITLE VII—MENS REA REFORM ‘‘(2) except as provided in subsection (d), At the appropriate place, insert the fol- SEC. 701. SHORT TITLE. willfully, with respect to any element of the lowing: This title may be cited as the ‘‘Mens Rea offense for which the text of the future cov- SEC. lll. ACQUITTED CONDUCT REFORM. Reform Act of 2018’’. ered offense does not specify a state of mind. (a) USE OF INFORMATION FOR SENTENCING.— ‘‘(c) EXISTING COVERED OFFENSES WITHOUT Subtitle A—State of Mind (1) AMENDMENT.—Section 3661 of title 18, A STATE OF MIND REQUIREMENT.— United States Code, is amended by inserting SEC. 711. STATE OF MIND ELEMENT FOR CRIMI- ‘‘(1) DEFAULT REQUIREMENT FOR EXISTING NAL OFFENSES. ‘‘, except that a court of the United States STATUTORY OFFENSES WITHOUT A STATE OF shall not consider acquitted conduct under (a) IN GENERAL.—Chapter 1 of title 18, MIND REQUIREMENT.— this section’’ before the period at the end. United States Code, is amended by adding at ‘‘(A) IN GENERAL.—On and after the date (2) APPLICABILITY.—The amendment made the end the following: specified in subparagraph (B), an existing by paragraph (1) shall apply only to a judg- ‘‘§ 28. State of mind when not otherwise spe- covered offense without a state of mind rement entered on or after the date of enact- cifically provided quirement for which the provision or provi- ment of this Act. ‘‘(a) DEFINITIONS.—In this section— sions specifying the elements of the existing

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7711 covered offense are in an Act of Congress (1)(A)(ii) and (2)(D) of subsection (c) shall not lution consisting of the proposed legislative shall be construed to require the Govern- apply with respect to— language submitted under subsection ment to prove beyond a reasonable doubt ‘‘(i) any element for which the text of the (b)(2)(B) and introduced or reintroduced that the defendant acted— covered offense makes clear that Congress under paragraph (2) of this subsection. ‘‘(i) with the state of mind specified in the affirmatively intended not to require the (2) INTRODUCTION OF PROPOSED LEGISLATIVE text of the existing covered offense without Government to prove any state of mind with LANGUAGE.— a state of mind requirement, including any respect to such element; (A) IN GENERAL.—The proposed legislative amendment made after the date of enact- ‘‘(ii) any element of a covered offense, to language submitted by the National Crimi- ment of this section, for each element for the extent that the element establishes— nal Justice Commission under subsection which the text specifies a state of mind; and ‘‘(I) subject matter jurisdiction over the (b)(2)(B)— ‘‘(ii) except as provided in subsection (d), covered offense; or (i) shall be introduced in the Senate (by re- willfully, with respect to any element for ‘‘(II) venue with respect to trial of the cov- quest) by the Majority Leader or Minority which the text of the existing covered of- ered offense; or Leader of the Senate or by a Member of the fense without a state of mind requirement ‘‘(iii) any element of a covered offense, to Senate designated by the Majority Leader or does not specify a state of mind. the extent that applying paragraph (1) of Minority Leader of the Senate not later than ‘‘(B) DEADLINE.—The date specified in this this subsection, subsection (b)(2), or para- 30 days after the date on which the proposed subparagraph is the earlier of— graph (1)(A)(ii) or (2)(D) of subsection (c) to legislation is submitted to Congress; and ‘‘(i) the date that is 2 years after the date such element would lessen the degree of (ii) shall be introduced in the House of on which the National Criminal Justice mental culpability that the Government is Representatives (by request) by the Speaker Commission submits the report under sec- required to prove with respect to that ele- of the House of Representatives or the Mi- tion 711(b) of the Mens Rea Reform Act of ment under— nority Leader of the House of Representa- 2018; or ‘‘(I) precedent of the Supreme Court of the tives or by a Member of the House of Rep- ‘‘(ii) the date that is 5 years after the date United States; or resentatives designated by the Speaker of of enactment of the Mens Rea Reform Act of ‘‘(II) any other provision of this title, any the House of Representatives or the Minority 2018. other Act of Congress, or any regulation. Leader of the House of Representatives not ‘‘(2) EXISTING COVERED REGULATORY OF- ‘‘(B) MERE ABSENCE INSUFFICIENT.—For pur- later than 30 days after the date on which FENSES WITHOUT A STATE OF MIND REQUIRE- poses of subparagraph (A)(i), the mere ab- the proposed legislation is submitted to Con- MENT.— sence of a specified state of mind for an ele- gress. ‘‘(A) IN GENERAL.—Not later than the date ment of a covered offense in the text of the (B) REINTRODUCTION.—The proposed legisla- specified in subparagraph (B), each agency covered offense shall not be construed to tive language submitted by the National that has in effect an existing covered regu- mean that Congress affirmatively intended Criminal Justice Commission under sub- latory offense without a state of mind re- not to require the Government to prove any section (b)(2)(B) shall be reintroduced as de- quirement shall promulgate regulations, state of mind with respect to that element. scribed in subparagraph (A) not later than 30 after providing notice and an opportunity for ‘‘(e) SUBSEQUENTLY ENACTED LAWS.—No days after the first day of a Congress if— comment, specifying the state of mind re- law enacted after the date of enactment of (i) the proposed legislative language was introduced during the previous Congress quired for each element of the existing cov- this section shall be construed to repeal, modify the text or effect of, or supersede in after the date that was 210 days before the ered regulatory offense for which a state of whole or in part this section, unless such law date of the sine die adjournment of such pre- mind is not specified. specifically refers to this section and explic- vious Congress; and ‘‘(B) DEADLINE.—The date specified in this itly repeals, modifies the text or effect of, or (ii) there was not a vote in either House of subparagraph is the earlier of— supersedes in whole or in part this section.’’. Congress on passage of the joint resolution ‘‘(i) the date that is 3 years after the date (b) COMMISSION REPORT AND LEGISLATION.— introduced under subparagraph (A) during on which the National Criminal Justice (1) DEFINITIONS.—In this section, the term the previous Congress by which the joint res- Commission submits the report under sec- ‘‘existing covered offenses without a state of olution was not agreed to. tion 711(b) of the Mens Rea Reform Act of mind requirement’’ has the meaning given (3) EXPEDITED CONSIDERATION IN HOUSE OF 2018; or that term in section 28 of title 18, United REPRESENTATIVES.— ‘‘(ii) the date that is 6 years after the date States Code, as added by subsection (a). (A) REPORTING AND DISCHARGE.—Any com- of enactment of the Mens Rea Reform Act of (2) SUBMISSION.—Not later than the earlier mittee of the House of Representatives to 2018. of 2 years after the date on which the Attor- which a joint resolution is referred shall re- ‘‘(C) NO STRICT LIABILITY OFFENSES.—The ney General submits the report required port it to the House of Representatives not regulations promulgated by an agency under under section 712(b) or 3 years after the date later than 180 days after the date on which subparagraph (A) may not specify that an of enactment of this Act, the National the joint resolution is introduced or reintro- element of an existing covered regulatory of- Criminal Justice Commission shall submit duced in the House of Representatives under fense does not require any state of mind be to Congress— paragraph (2). If a committee fails to report proven. (A) a report identifying— the joint resolution within that period, the ‘‘(D) SUNSET.—Except as provided in sub- (i) the existing covered offenses without a committee shall be discharged from further section (d), after the date specified in sub- state of mind requirement; and consideration of the joint resolution and the paragraph (B), the criminal penalty provi- (ii) the existing covered offenses without a joint resolution shall be referred to the ap- sions of an existing covered regulatory of- state of mind requirement for which the propriate calendar. fense for which the regulations establishing Commission recommends that the Govern- (B) PROCEEDING TO CONSIDERATION.— the elements of the existing covered regu- ment not be required to prove any state of (i) IN GENERAL.—After each committee au- latory offense do not specify a state of mind mind with respect to 1 or more elements of thorized to consider a joint resolution re- for 1 or more elements shall cease to have the offense, based on consideration of the ports it to the House of Representatives or force or effect. criteria described in paragraph (3); and has been discharged from its consideration, ‘‘(E) RULE OF CONSTRUCTION.—Nothing in (B) for each existing covered offense with- it shall be in order, not later than 210 days this paragraph shall be construed to grant an out a state of mind requirement identified after the date on which the joint resolution agency authority with respect to estab- under subparagraph (A)(ii) for which the pro- is introduced or reintroduced in the House of lishing the mens rea requirements for a cov- vision or provisions specifying the elements Representatives under paragraph (2), to ered regulatory offense that is in addition to, of the existing covered offense without a move to proceed to consider the joint resolu- or in lieu of, such authority provided under state of mind requirement are in an Act of tion in the House of Representatives. the statute authorizing the covered regu- Congress, proposed legislative language to (ii) PROCEDURE.—For a motion to proceed latory offense. make clear the Government is not required to consideration of a joint resolution— ‘‘(d) DETERMINATION THAT ELEMENTS LACK to prove any state of mind with respect to 1 (I) all points of order against the motion REQUIRED STATE OF MIND.— or more elements of the offense. are waived; ‘‘(1) FAILURE TO DISTINGUISH AMONG ELE- (3) CRITERIA.—The criteria specified in this (II) such a motion shall not be in order MENTS.—Except as provided in paragraph (2), paragraph are— after the House of Representatives has dis- if the text of a covered offense specifies the (A) whether the covered offense makes posed of a motion to proceed on the joint res- state of mind required for commission of the criminal a type of conduct that a reasonable olution; covered offense without specifying the ele- person should know is subject to stringent (III) the previous question shall be consid- ments of the covered offense to which the public regulation and may seriously threaten ered as ordered on the motion to its adoption state of mind applies, the state of mind spec- public health or safety; and without intervening motion; ified shall apply to all elements of the cov- (B) the potential penalty attached to a vio- (IV) the motion shall not be debatable; and ered offense, unless a contrary legislative lation of the covered offense, with a severe (V) a motion to reconsider the vote by purpose plainly appears in the text of the penalty suggesting that the offense should which the motion is disposed of shall not be statute. not be a strict liability offense. in order. ‘‘(2) EXCEPTIONS.— (c) EXPEDITED PROCEDURES.— (C) CONSIDERATION.—If the House of Rep- ‘‘(A) IN GENERAL.—Paragraph (1) of this (1) DEFINITION.—In this subsection, the resentatives proceeds to consideration of a subsection, subsection (b)(2), and paragraphs term ‘‘joint resolution’’ means a joint reso- joint resolution—

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.026 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7712 CONGRESSIONAL RECORD — SENATE December 17, 2018 (i) the joint resolution shall be considered (II) the vote on passage shall be on the (D) the number of prosecutions for the as read; joint resolution of the other House. criminal statutory offense brought by the (ii) all points of order against the joint res- (B) TREATMENT OF JOINT RESOLUTION OF Department of Justice that have resulted in olution and against its consideration are OTHER HOUSE.—If one House fails to intro- conviction for each year of the 15-year period waived; duce or consider a joint resolution under this preceding the date of enactment of this Act; (iii) the previous question shall be consid- subsection, the joint resolution of the other (E) the number of convictions for the ered as ordered on the joint resolution to its House shall be entitled to expedited floor criminal statutory offense that have resulted passage without intervening motion except procedures under this subsection. in imprisonment for each year of the 15-year 10 hours of debate equally divided and con- (C) TREATMENT OF COMPANION MEASURES.— period preceding the date of enactment of trolled by the proponent and an opponent; If, following passage of a joint resolution in this Act; (iv) an amendment to the joint resolution the Senate, the Senate receives the com- (F) the average length of sentence of im- shall not be in order; and panion measure from the House of Rep- prisonment imposed as a result of conviction (v) a motion to reconsider the vote on pas- resentatives, the companion measure shall for the criminal statutory offense during sage of the joint resolution shall not be in not be debatable. each year of the 15-year period preceding the order. (D) CONSIDERATION AFTER PASSAGE.—If the date of enactment of this Act; (4) EXPEDITED CONSIDERATION IN SENATE.— President vetoes the joint resolution, consid- (G) the mens rea requirement for the (A) PLACEMENT ON CALENDAR.—Upon intro- eration of a veto message in the Senate criminal statutory offense; and duction in the Senate, the joint resolution under this paragraph shall be not more than (H) the number of prosecutions for the shall be placed immediately on the calendar. 10 hours equally divided between the major- criminal statutory offense in which the De- (B) PROCEEDING TO CONSIDERATION.— ity and minority leaders or their designees. partment of Justice was not required to (i) IN GENERAL.—Notwithstanding rule (6) RULES OF HOUSE OF REPRESENTATIVES prove mens rea as a component of the of- XXII of the Standing Rules of the Senate, it AND SENATE.—This subsection is enacted by fense. Congress— is in order, not later than 210 days after the (c) REPORT ON CRIMINAL REGULATORY OF- (A) as an exercise of the rulemaking power date on which the joint resolution is intro- FENSES.—Not later than 1 year after the date of the Senate and House of Representatives, duced or reintroduced in the Senate under of enactment of this Act, the head of each paragraph (2) (even though a previous mo- respectively, and as such is deemed a part of Executive agency shall submit to the Com- tion to the same effect has been disagreed to) the rules of each House, respectively, but ap- to move to proceed to the consideration of a plicable only with respect to the procedure mittee on the Judiciary of the Senate and joint resolution. to be followed in that House in the case of a the Committee on the Judiciary of the House (ii) PROCEDURE.—For a motion to proceed joint resolution, and to supersede other rules of Representatives and make publicly avail- to the consideration of a joint resolution— only to the extent that it is inconsistent able a report, which shall include— (I) all points of order against the motion with such rules; and (1) a list of all criminal regulatory offenses are waived; (B) with full recognition of the constitu- enforceable by the agency; and (II) the motion is not debatable; tional right of either House to change the (2) for each criminal regulatory offense (III) the motion is not subject to a motion rules (so far as relating to the procedure of listed under paragraph (1)— to postpone; that House) at any time, in the same man- (A) the potential criminal penalty for a (IV) a motion to reconsider the vote by ner, and to the same extent as in the case of violation of the criminal regulatory offense; which the motion is agreed to or disagreed to any other rule of that House. (B) the number of violations of the crimi- shall not be in order; and (d) TECHNICAL AND CONFORMING AMEND- nal regulatory offense referred to the De- (V) if the motion is agreed to, the joint res- MENT.—The table of sections for chapter 1 of partment of Justice for prosecution in each olution shall remain the unfinished business title 18, United States Code, is amended by of the years during the 15-year period pre- until disposed of. adding at the end the following: ceding the date of enactment of this Act; (C) FLOOR CONSIDERATION.— ‘‘28. State of mind when not otherwise spe- (C) the number of prosecutions for the (i) IN GENERAL.—If the Senate proceeds to cifically provided.’’. criminal regulatory offense brought by the consideration of a joint resolution— SEC. 712. INVENTORY OF FEDERAL CRIMINAL OF- Department of Justice each year for the 15- (I) all points of order against the joint res- FENSES. year period preceding the date of enactment olution (and against consideration of the (a) DEFINITIONS.—In this section— of this Act; joint resolution) are waived; (1) the term ‘‘criminal regulatory offense’’ (D) the number of prosecutions for the (II) consideration of the joint resolution, means a Federal regulation that is enforce- criminal regulatory offense brought by the and all debatable motions and appeals in able by a criminal penalty; Department of Justice that have resulted in connection therewith, shall be limited to not (2) the term ‘‘criminal statutory offense’’ conviction for each year of the 15-year period more than 10 hours, which shall be divided means a criminal offense under a Federal preceding the date of enactment of this Act; equally between the majority and minority statute; and (E) the number of convictions for the leaders or their designees; (3) the term ‘‘Executive agency’’— criminal regulatory offense that have re- (III) a motion further to limit debate is in (A) has the meaning given the term in sec- sulted in imprisonment for each year of the order and not debatable; tion 105 of title 5, United States Code; and 15-year period preceding the date of enact- (IV) an amendment to, a motion to post- (B) includes the United States Postal Serv- ment of this Act; pone, or a motion to commit the joint reso- ice and the Postal Regulatory Commission. (F) the average length of sentence of im- lution is not in order; and (b) REPORT ON CRIMINAL STATUTORY OF- prisonment imposed as a result of conviction (V) a motion to proceed to the consider- FENSES.—Not later than 1 year after the date for the criminal regulatory offense during ation of other business is not in order. of enactment of this Act, the Attorney Gen- each year of the 15-year period preceding the (ii) VOTE ON PASSAGE.—The vote on passage eral shall submit to the Committee on the date of enactment of this Act; shall occur immediately following the con- Judiciary of the Senate and the Committee (G) the mens rea requirement for the clusion of the consideration of a joint resolu- on the Judiciary of the House of Representa- criminal regulatory offense; and tion, and a single quorum call at the conclu- tives and make publicly available a report, (H) the number of prosecutions for the sion of the debate if requested in accordance which shall include— criminal regulatory offense in which the De- with the rules of the Senate. (1) a list of all criminal statutory offenses, partment of Justice was not required to (iii) RULINGS OF THE CHAIR ON PROCEDURE.— including a list of the elements for each prove mens rea as a component of the of- Appeals from the decisions of the Chair re- criminal statutory offense; and fense. lating to the application of this paragraph or (2) for each criminal statutory offense list- (d) INDEX.—Not later than 2 years after the the rules of the Senate, as the case may be, ed under paragraph (1) and organized by Fed- date of enactment of this Act— to the procedure relating to a joint resolu- eral district where applicable— (1) the Attorney General shall establish a tion shall be decided without debate. (A) the potential criminal penalty for the publically accessible index of each criminal (5) RULES RELATING TO SENATE AND HOUSE criminal statutory offense; statutory offense listed in the report re- OF REPRESENTATIVES.— (B) the number of violations of the crimi- quired under subsection (b) and make the (A) COORDINATION WITH ACTION BY OTHER nal statutory offense referred to the Depart- index available and freely accessible on the HOUSE.—If, before the passage by one House ment of Justice by an Executive agency for website of the Department of Justice; and of a joint resolution of that House, that prosecution, including referrals from inves- (2) the head of each Executive agency shall House receives from the other House a joint tigative agencies of the Department of Jus- establish a publically accessible index of resolution— tice, in each of the years during the 15-year each criminal regulatory offense listed in (i) the joint resolution of the other House period preceding the date of enactment of the report required under subsection (c) and shall not be referred to a committee; and this Act; make the index available and freely acces- (ii) with respect to a joint resolution of the (C) the number of prosecutions for the sible on the website of the agency. House receiving the resolution— criminal statutory offense brought by the (I) the procedure in that House shall be the Department of Justice each year for the 15- (e) RULE OF CONSTRUCTION.—Nothing in same as if no joint resolution had been re- year period preceding the date of enactment this section shall be construed to require or ceived from the other House; and of this Act; authorize appropriations.

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.026 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7713 Subtitle B—National Criminal Justice Commissioners at a meeting where a quorum in consultation with the Republican leader- Commission Act is present pursuant to section 755(d), except ship of the Committee on the Judiciary. SEC. 751. FINDINGS. that any Commissioners dissenting from par- (6) Two members shall be appointed by the Congress finds that— ticular finding or supplemental guidance senior member of the leadership of the House (1) it is in the interest of the Nation to es- shall have the right to state the reason for of Representatives of the Democratic Party, tablish a commission to undertake a com- their dissent in writing and such dissent in consultation with the Democratic leader- prehensive review of the criminal justice shall be included in the report of the Com- ship of the Committee on the Judiciary. system; mission. (7) Two members, who shall be State and (2) there has not been a comprehensive (3) REQUIREMENT.—The report submitted local representatives, shall be appointed by study since the President’s Commission on under this subsection shall be made avail- the President in agreement with leader of Law Enforcement and Administration of able to the public. the Senate (majority or minority leader, as Justice was established in 1965; (d) PRIOR COMMISSIONS.—The Commission the case may be) of the Republican Party (3) that commission, in a span of 18 shall take into consideration the work of and the leader of the House of Representa- months, produced a comprehensive report prior relevant commissions in conducting its tives (majority or minority leader, as the entitled ‘‘The Challenge of Crime in a Free review. case may be) of the Republican Party. Society’’, which contained 200 specific rec- (e) STATE AND LOCAL GOVERNMENT.—In (8) Two members, who shall be State and ommendations on all aspects of the criminal issuing its recommendations and report local representatives, shall be appointed by justice system involving Federal, State, trib- under this section, the Commission shall not the President in agreement with leader of the Senate (majority or minority leader, as al, and local governments, civic organiza- infringe on the legitimate rights of the the case may be) of the Democratic Party tions, religious institutions, business groups, States to determine their own criminal laws and the leader of the House of Representa- and individual citizens; and or the enforcement of such laws. tives (majority or minority leader, as the (4) developments over the intervening 50 (f) PUBLIC HEARINGS.—The Commission case may be) of the Democratic Party. years require once again that Federal, State, shall conduct public hearings in various lo- (b) MEMBERSHIP.— tribal, and local governments, civic organi- cations around the United States. (1) QUALIFICATIONS.—The individuals ap- (g) CONSULTATION WITH GOVERNMENT AND zations, religious institutions, business pointed from private life as members of the NONGOVERNMENT REPRESENTATIVES.— groups, and individual citizens come to- Commission shall be individuals with distin- (1) IN GENERAL.—The Commission shall— gether to review evidence and consider how guished reputations for integrity and non- to improve the criminal justice system. (A) closely consult with Federal, State, local, and tribal government and nongovern- partisanship who are nationally recognized SEC. 752. ESTABLISHMENT OF COMMISSION. for expertise, knowledge, or experience in mental leaders, including State, local, and There is established a commission to be such relevant areas as— tribal law enforcement officials, legislators, known as the ‘‘National Criminal Justice (A) law enforcement; public health officials, judges, court admin- Commission’’ (referred to in this subtitle as (B) criminal justice; istrators, prosecutors, defense counsel, vic- the ‘‘Commission’’). (C) national security; tims’ rights organizations, probation and pa- SEC. 753. PURPOSE OF THE COMMISSION. (D) prison and jail administration; role officials, criminal justice planners, The Commission shall— (E) prisoner reentry; criminologists, civil rights and liberties or- (1) undertake a comprehensive review of (F) public health, including physical and ganizations, formerly incarcerated individ- the criminal justice system; sexual victimization, drug addiction and uals, professional organizations, and correc- (2) make recommendations for Federal mental health; tions officials; and criminal justice reform to the President and (G) victims’ rights; (B) include in the final report required Congress; and (H) civil liberties; under subsection (c) summaries of the input (3) disseminate findings and supplemental (I) court administration; and recommendations of these leaders. guidance to the Federal Government, as well (J) social services; and (2) UNITED STATES SENTENCING COMMIS- as to State, local, and tribal governments. (K) State, local, and tribal government. SION.—To the extent the review and rec- SEC. 754. REVIEW, RECOMMENDATIONS, AND RE- (2) DISQUALIFICATION.—An individual shall ommendations required by this section re- PORT. not be appointed as a member of the Com- late to sentencing policies and practices for (a) GENERAL REVIEW.—The Commission mission if such individual possesses any per- the Federal criminal justice system, the shall undertake a comprehensive review of sonal financial interest in the discharge of Commission shall conduct such review and all areas of the criminal justice system, in- any of the duties of the Commission. make such recommendations in consultation cluding Federal, State, local, and tribal gov- (3) TERMS.—Members shall be appointed for with the United States Sentencing Commis- ernments’ criminal justice costs, practices, the life of the Commission. sion. and policies. (c) APPOINTMENT; FIRST MEETING.— (b) RECOMMENDATIONS.— (h) SENSE OF CONGRESS, GOAL OF UNA- (1) APPOINTMENT.—Members of the Com- (1) IN GENERAL.—Not later than 18 months NIMITY.—It is the sense of the Congress that, mission shall be appointed not later than 45 after the first meeting of the Commission, given the national importance of the matters days after the date of the enactment of this the Commission shall submit to the Presi- before the Commission, the Commission Act. dent and Congress recommendations for should work toward unanimously supported (2) FIRST MEETING.—The Commission shall changes in Federal oversight, policies, prac- findings and supplemental guidance, and hold its first meeting on the date that is 60 tices, and laws designed to prevent, deter, that unanimously supported findings and days after the date of enactment of this Act, and reduce crime and violence, reduce recidi- supplemental guidance should take prece- or not later than 30 days after the date on vism, improve cost-effectiveness, and ensure dence over those findings and supplemental which funds are made available for the Com- the interests of justice at every step of the guidance that are not unanimously sup- mission, whichever is later. criminal justice system. ported. (3) ETHICS.—At the first meeting of the (2) UNANIMOUS CONSENT REQUIRED.—A rec- SEC. 755. MEMBERSHIP. Commission, the Commission shall draft ap- ommendation of the Commission may be (a) IN GENERAL.—The Commission shall be propriate ethics guidelines for commis- adopted and submitted under paragraph (1) if composed of 14 members, as follows: sioners and staff, including guidelines relat- the recommendation is approved by a unani- (1) One member shall be appointed by the ing to conflict of interest and financial dis- mous vote of the Commissioners at a meet- President, who shall serve as co-chairperson closure. The Commission shall consult with ing where a quorum is present pursuant to of the Commission. the Senate and House Committees on the Ju- section 755(d). (2) One member shall be appointed by the diciary as a part of drafting the guidelines (3) REQUIREMENT.—The recommendations leader of the Senate, in consultation with and furnish the Committees with a copy of submitted under this subsection shall be the leader of the House of Representatives, the completed guidelines. made available to the public. that is a member of the opposite party of the (d) MEETINGS; QUORUM; VACANCIES.— (c) REPORT.— President, who shall serve as co-chairperson (1) MEETINGS.—The Commission shall meet (1) IN GENERAL.—Not later than 18 months of the Commission. at the call of the co-chairpersons or a major- after the first meeting of the Commission, (3) Two members shall be appointed by the ity of its members. the Commission shall also disseminate to the senior member of the Senate leadership of (2) QUORUM.—Eight members of the Com- Federal Government, as well as to State, the Democratic Party, in consultation with mission shall constitute a quorum for pur- local, and tribal governments, a report that the Democratic leadership of the Committee poses of conducting business, except that 2 details the findings and supplemental guid- on the Judiciary. members of the Commission shall constitute ance of the Commission regarding the crimi- (4) Two members shall be appointed by the a quorum for purposes of receiving testi- nal justice system at all levels of govern- senior member of the Senate leadership of mony. ment. the Republican Party, in consultation with (3) VACANCIES.—Any vacancy in the Com- (2) MAJORITY VOTE REQUIRED.—Commission the Republican leadership of the Committee mission shall not affect its powers, but shall findings and supplemental guidance may be on the Judiciary. be filled in the same manner in which the adopted and included in the report required (5) Two members shall be appointed by the original appointment was made. If vacancies under paragraph (1) if the findings or guid- senior member of the leadership of the House in the Commission occur on any day after 45 ance is approved by a majority vote of the of Representatives of the Republican Party, days after the date of the enactment of this

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Act, a quorum shall consist of a majority of (b) EXPERTS AND CONSULTANTS.—With the (1) IN GENERAL.—The Federal Advisory the members of the Commission as of such approval of the Commission, the Executive Committee Act (5 U.S.C. App.) shall not day, so long as not less than 1 Commission Director may procure temporary and inter- apply to the Commission. member chosen by a member of each party, mittent services under section 3109(b) of title (2) MEETINGS AND MINUTES.— Republican and Democratic, is present. 5, United States Code. (A) MEETINGS.— (e) ACTIONS OF COMMISSION.— (c) DETAIL OF GOVERNMENT EMPLOYEES.— (i) ADMINISTRATION.—All meetings of the (1) IN GENERAL.—The Commission— Upon the request of the Commission, the Commission shall be open to the public, ex- (A) shall, subject to the requirements of head of any Federal agency may detail, with- cept that a meeting or any portion of it may section 754, act by resolution agreed to by a out reimbursement, any of the personnel of be closed to the public if it concerns matters majority of the members of the Commission such agency to the Commission to assist in or information described in section 552b(c) of voting and present; and carrying out the duties of the Commission. title 5, United States Code. Interested per- (B) may establish panels composed of less Any such detail shall not interrupt or other- sons shall be permitted to appear at open than the full membership of the Commission wise affect the civil service status or privi- meetings and present oral or written state- for purposes of carrying out the duties of the leges of the Federal employee. ments on the subject matter of the meeting. Commission under this subtitle— (d) OTHER RESOURCES.—The Commission The Commission may administer oaths or af- (i) which shall be subject to the review and shall have reasonable access to materials, re- firmations to any person appearing before it. sources, statistical data, and other informa- control of the Commission; and (ii) NOTICE.—All open meetings of the Com- (ii) any findings and determinations made tion such Commission determines to be nec- mission shall be preceded by timely public by such a panel shall not be considered the essary to carry out its duties from the Li- notice in the Federal Register of the time, findings and determinations of the Commis- brary of Congress, the Department of Jus- place, and subject of the meeting. tice, the Office of National Drug Control Pol- sion unless approved by the Commission. (B) MINUTES AND PUBLIC AVAILABILITY.— icy, the Department of State, and other (2) DELEGATION.—Any member, agent, or Minutes of each open meeting shall be kept agencies of the executive and legislative staff of the Commission may, if authorized and shall contain a record of the people branches of the Federal Government. The co- by the co-chairpersons of the Commission, present, a description of the discussion that chairpersons of the Commission shall make take any action which the Commission is au- occurred, and copies of all statements filed. requests for such access in writing when nec- thorized to take pursuant to this Act. The minutes and records of all open meet- essary. ings and other documents that were made SEC. 756. ADMINISTRATION. (e) VOLUNTEER SERVICES.—Notwith- (a) STAFF.— standing the provisions of section 1342 of available to or prepared for the Commission (1) EXECUTIVE DIRECTOR.—The Commission title 31, United States Code, the Commission shall be available for public inspection and shall have a staff headed by an Executive Di- is authorized to accept and utilize the serv- copying at a single location in the offices of rector. The Executive Director shall be paid ices of volunteers serving without compensa- the Commission. at a rate established for the Certified Plan tion. The Commission may reimburse such (m) ARCHIVING.—Not later than the date of pay level for the Senior Executive Service volunteers for local travel and office sup- termination of the Commission, all records under section 5382 of title 5, United States plies, and for other travel expenses, includ- and papers of the Commission shall be deliv- Code. ing per diem in lieu of subsistence, as au- ered to the Archivist of the United States for (2) APPOINTMENT AND COMPENSATION.—The thorized by section 5703 of title 5, United deposit in the National Archives. co-chairpersons of the Commission shall des- States Code. A person providing volunteer SEC. 757. SUNSET. ignate the Executive Director and, in accord- services to the Commission shall be consid- The Commission shall terminate 60 days ance with rules agreed upon by the Commis- ered an employee of the Federal Government after the Commission submits the report re- sion, may appoint and fix the compensation in performance of those services for the pur- quired under section 754 to Congress. of such other personnel as may be necessary poses of chapter 81 of title 5, United States to enable the Commission to carry out its Code, relating to compensation for work-re- SA 4138. Mr. HATCH submitted an functions, without regard to the provisions lated injuries, chapter 171 of title 28, United amendment intended to be proposed to of title 5, United States Code, governing ap- States Code, relating to tort claims, and amendment SA 4108 proposed by Mr. pointments in the competitive service, and chapter 11 of title 18, United States Code, re- MCCONNELL (for Mr. GRASSLEY) to the without regard to the provisions of chapter lating to conflicts of interest. bill S. 756, to reauthorize and amend 51 and subchapter III of chapter 53 of such (f) OBTAINING OFFICIAL DATA.—The Com- mission may secure directly from any agen- the Marine Debris Act to promote title relating to classification and General international action to reduce marine Schedule pay rates, except that no rate of cy of the United States information nec- pay fixed under this paragraph may exceed essary to enable it to carry out this Act. debris, and for other purposes; which the equivalent of that payable for a position Upon the request of the co-chairpersons of was ordered to lie on the table; as fol- at level V of the Executive Schedule under the Commission, the head of that depart- lows: section 5316 of title 5, United States Code. ment or agency shall furnish that informa- At the end of title IV add the following: tion to the Commission. The Commission (3) PERSONNEL AS FEDERAL EMPLOYEES.— SEC. 405. AMENDMENTS TO THE ARMED CAREER (A) IN GENERAL.—The executive director shall not have access to sensitive informa- CRIMINAL ACT. tion regarding ongoing investigations. and any personnel of the Commission who (a) IN GENERAL.—Section 924 of title 18, (g) MAILS.—The Commission may use the are employees shall be employees under sec- United States Code, is amended— United States mails in the same manner and tion 2105 of title 5, United States Code, for (1) in subsection (a)(2), by striking ‘‘(a)(6), under the same conditions as other depart- purposes of chapters 63, 81, 83, 84, 85, 87, 89, (d), (g), (h), (i), (j), or (o) of section 922’’ and ments and agencies of the United States. and 90 of that title. (h) ADMINISTRATIVE REPORTING.—The Com- inserting ‘‘(a)(6), (d), (h), (i), (j), or (o) of sec- (B) MEMBERS OF COMMISSION.—Subpara- mission shall issue biannual status reports tion 922, or, except as provided in subsection graph (A) shall not be construed to apply to to Congress regarding the use of resources, (e) of this section, subsection (g) of section members of the Commission. salaries, and all expenditures of appropriated 922’’; and (4) THE COMPENSATION OF COMMISSIONERS.— funds. (2) by striking subsection (e) and inserting Each member of the Commission may be (i) CONTRACTS.—The Commission is author- the following: compensated at not to exceed the daily ized to enter into contracts with Federal and ‘‘(e)(1) Whoever knowingly violates section equivalent of the annual rate of basic pay in State agencies, private firms, institutions, 922(g) and has 3 or more previous serious fel- effect for a position at level V of the Execu- and individuals for the conduct of activities ony convictions for offenses committed on tive Schedule under section 5315 of title 5, necessary to the discharge of its duties and occasions different from one another shall be United States Code, for each day during responsibilities. A contract, lease, or other fined under this title and imprisoned not less which that member is engaged in the actual legal agreement entered into by the Commis- than 15 years and not more than 30 years, performance of the duties of the Commis- sion may not extend beyond the date of the and, notwithstanding any other provision of sion. All members of the Commission who termination of the Commission. law, the court shall not suspend the sentence are officers or employees of the United (j) GIFTS.—Subject to existing law, the of, or grant a probationary sentence to, such States, a State, or a local government shall Commission may accept, use, and dispose of person with respect to the conviction under serve without compensation in addition to gifts or donations of services or property. section 922(g). that received for their services as officers or (k) ADMINISTRATIVE ASSISTANCE.—The Ad- ‘‘(2) In this subsection— employees. ministrator of General Services shall provide ‘‘(A) the term ‘offense punishable by im- (5) TRAVEL EXPENSES.—While away from to the Commission, on a reimbursable basis, prisonment for a statutory maximum term their homes or regular places of business in the administrative support services nec- of not less than 10 years’ includes an offense the performance of services for the Commis- essary for the Commission to carry out its (without regard to the application of any sion, members of the Commission shall be al- responsibilities under this Act. These admin- sentencing guideline, statutory criterion, or lowed travel expenses, including per diem in istrative services may include human re- judgment that may provide for a shorter pe- lieu of subsistence, in the same manner as source management, budget, leasing, ac- riod of imprisonment within the statutory persons employed intermittently in the Gov- counting, and payroll services. sentencing range) for which the statute pro- ernment service are allowed expenses under (l) NONAPPLICABILITY OF FACA AND PUBLIC vides for a range in the period of imprison- section 5703(b) of title 5, United States Code. ACCESS TO MEETINGS AND MINUTES.— ment that may be imposed at sentencing the

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.026 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7715 maximum term of which is not less than 10 ‘‘(1) shall be imprisoned not more than 10 ‘‘(A) to engage in or supervise the preven- years; and years, fined in accordance with this title, or tion, detention, investigation, or the incar- ‘‘(B) the term ‘serious felony conviction’ both; and ceration of any person for any criminal vio- means— ‘‘(2) shall be imprisoned for any term of lation of law; and ‘‘(i) any conviction by a court referred to years or for life, fined in accordance with ‘‘(B) to apprehend or arrest a person for in section 922(g)(1) for an offense that, at the this title, or both, if— any criminal violation of law. time of sentencing, was an offense punish- ‘‘(A) death results from the offense; or ‘‘(2) STATE.—The term ‘State’ includes the able by imprisonment for a statutory max- ‘‘(B) the offense includes kidnapping or an District of Columbia, Puerto Rico, and any imum term of not less than 10 years; or attempt to kidnap, or an attempt to kill. other territory or possession of the United ‘‘(ii) any group of convictions for which a ‘‘(b) CIRCUMSTANCES DESCRIBED.—For pur- States.’’. court referred to in section 922(g)(1) imposed poses of subsection (a), the circumstances (b) CLERICAL AMENDMENT.—The table of in the same proceeding or in consolidated described in this subparagraph are that— sections at the beginning of such chapter is proceedings a total term of imprisonment ‘‘(1) the conduct described in subsection (a) amended by adding at the end the following not less than 10 years, regardless of how occurs during the course of, or as the result new item: many years of that total term the defendant of, the travel of the defendant or the vic- ‘‘120. Crimes targeting law enforcement offi- served in custody.’’. tim— cers.’’. (b) APPLICABILITY.— ‘‘(A) across a State line or national border; (1) IN GENERAL.—The amendments made by or SA 4140. Mr. GRASSLEY submitted this section shall apply to any offense com- ‘‘(B) using a channel, facility, or instru- an amendment intended to be proposed mitted after the date of enactment of this mentality of interstate or foreign commerce; to amendment SA 4109 proposed by Mr. Act by an individual who, on the date on ‘‘(2) the defendant uses a channel, facility, MCCONNELL (for Mr. KENNEDY (for him- which the offense is committed, has 3 or or instrumentality of interstate or foreign more previous serious felony convictions (as self and Mr. COTTON)) to the amend- commerce in connection with the conduct ment SA 4108 proposed by Mr. MCCON- defined in subsection (e) of section 924 of described in subsection (a); title 18, United States Code, as amended by NELL (for Mr. GRASSLEY) to the bill S. ‘‘(3) in connection with the conduct de- this section). scribed in subsection (a), the defendant em- 756, to reauthorize and amend the Ma- (2) RULE OF CONSTRUCTION.—This section ploys a firearm, dangerous weapon, explosive rine Debris Act to promote inter- and the amendments made by this section or incendiary device, or other weapon that national action to reduce marine de- shall not be construed to create any right to has traveled in interstate or foreign com- bris, and for other purposes; which was challenge a sentence imposed under sub- merce; or section (e) of section 924 of title 18, United ordered to lie on the table; as follows: ‘‘(4) the conduct described in subsection States Code. At the appropriate place, insert the fol- (a)— (c) TECHNICAL AND CONFORMING AMEND- lowing: ‘‘(A) interferes with commercial or other MENTS.—Section 2901(a) of title I of the Om- In section 3632(d)(4)(D) of title 18, United nibus Crime Control and Safe Streets Act of economic activity in which the victim is en- States Code, as added by section 101 of this 1968 (34 U.S.C. 10581(a)) is amended— gaged at the time of the conduct; or Act, add at the end the following: (1) in paragraph (1), by striking ‘‘and’’; ‘‘(B) otherwise affects interstate or foreign ‘‘(liii) Section 32, relating to destruction of (2) in paragraph (2)— commerce. aircraft or aircraft facilities. (A) in subparagraph (A)(ii), by striking ‘‘, ‘‘(c) CERTIFICATION REQUIREMENT.— ‘‘(liv) Section 33, relating to destruction of as defined in section 924(e)(2)(A) of title 18, ‘‘(1) IN GENERAL.—No prosecution of any of- motor vehicles or motor vehicle facilities. United States Code’’; and fense described in this section may be under- ‘‘(lv) Section 36, relating to drive-by shoot- (B) in subparagraph (C), by striking the pe- taken by the United States, except under the ings. riod and inserting ‘‘; and’’; and certification in writing of the Attorney Gen- ‘‘(lvi) Section 871, relating to threats (3) by adding at the end the following: eral, or a designee, that— against the President and successors to the ‘‘(3) the term ‘serious drug offense’ ‘‘(A) the State does not have jurisdiction; Presidency. means— ‘‘(B) the State has requested that the Fed- ‘‘(lvii) Section 879, relating to threats ‘‘(A) an offense under the Controlled Sub- eral Government assume jurisdiction; against former Presidents and certain other stances Act (21 U.S.C. 801 et seq.), the Con- ‘‘(C) the verdict or sentence obtained pur- persons. trolled Substances Import and Export Act (21 suant to State charges left demonstratively ‘‘(lviii) Section 1091, relating to genocide.’’. U.S.C. 951 et seq.), or chapter 705 of title 46, unvindicated the Federal interest in pro- ‘‘(lviv) Section 2119, relating to taking a United States Code, for which a maximum tecting the public safety; or motor vehicle (commonly referred to as term of imprisonment of 10 years or more is ‘‘(D) a prosecution by the United States is ‘carjacking’). in the public interest and necessary to se- prescribed by law; or Notwithstanding any other provision of cure substantial justice. ‘‘(B) an offense under State law, involving this Act, insert the following: manufacturing, distributing, or possessing ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit SEC. 106. FAITH-BASED CONSIDERATIONS. with intent to manufacture or distribute, a (a) IN GENERAL.—In considering any pro- the authority of Federal officers, or a Fed- controlled substance (as defined in section gram, treatment, regimen, group, company, eral grand jury, to investigate possible viola- 102 of the Controlled Substances Act (21 charity, person, or entity of any kind under tions of this section. U.S.C. 802)), for which a maximum term of any provision of this Act, or the amend- ‘‘(d) GUIDELINES.—All prosecutions con- imprisonment of 10 years or more is pre- ments made by this Act, the fact that it may ducted by the United States under this sec- scribed by law.’’. be or is faith-based may not be a basis for tion shall be undertaken pursuant to guide- any discrimination against it in any manner Mr. HATCH submitted an lines issued by the Attorney General, or the SA 4139. or for any purpose. designee of the Attorney General, to be in- amendment intended to be proposed to (b) ELIGIBILITY FOR EARNED TIME CREDIT.— amendment SA 4108 proposed by Mr. cluded in the United States Attorneys’ Man- Participation in a faith-based program, MCCONNELL (for Mr. GRASSLEY) to the ual that shall establish neutral and objective treatment, or regimen may qualify a pris- bill S. 756, to reauthorize and amend criteria for determining whether a crime was oner for earned time credit under subchapter the Marine Debris Act to promote committed because of the actual or per- D of chapter 229 of title 18, United States ceived status of any person. international action to reduce marine Code, as added by section 101(a) of this Act, ‘‘(e) STATUTE OF LIMITATIONS.— debris, and for other purposes; which however, the Director of the Bureau of Pris- ‘‘(1) OFFENSES NOT RESULTING IN DEATH.— ons shall ensure that non-faith-based pro- was ordered to lie on the table; as fol- Except as provided in paragraph (2), no per- lows: grams that qualify for earned time credit are son shall be prosecuted, tried, or punished offered at each Bureau of Prisons facility in At the appropriate place, insert the fol- for any offense under this section unless the addition to any such faith-based programs. lowing: indictment for such offense is found, or the (c) LIMITATION ON ACTIVITIES.—A group, SEC. lll. CRIMES TARGETING LAW ENFORCE- information for such offense is instituted, company, charity, person, or entity may not MENT OFFICERS. not later than 7 years after the date on engage in explicitly religious activities using (a) IN GENERAL.—Chapter 7 of title 18, which the offense was committed. direct financial assistance made available United States Code, is amended by adding at ‘‘(2) OFFENSES RESULTING IN DEATH.—An in- under this title or the amendments made by the end the following: dictment or information alleging that an of- this title. ‘‘§ 120. Crimes targeting law enforcement offi- fense under this section resulted in death (d) RULE OF CONSTRUCTION.—Nothing in cers may be found or instituted at any time with- this Act, or the amendments made by this ‘‘(a) IN GENERAL.—Whoever, in any cir- out limitation. Act, may be construed to amend any require- cumstance described in subsection (b), know- ‘‘(f) DEFINITIONS.—In this section: ment under Federal law or the Constitution ingly causes bodily injury to any person, or ‘‘(1) LAW ENFORCEMENT OFFICER.—The term of the United States regarding funding for attempts to do so, because of the actual or ‘law enforcement officer’ means an employee faith-based programs or activities. perceived status of the person as a law en- of a governmental or public agency who is Notwithstanding any other provision of forcement officer— authorized by law— this Act, insert the following:

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.028 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7716 CONGRESSIONAL RECORD — SENATE December 17, 2018 SEC. 107. INDEPENDENT REVIEW COMMITTEE. (1) a list of all offenses of conviction for In section 3634(6)(A) of title 18, United (a) IN GENERAL.—The Attorney General which prisoners were ineligible to receive States Code, as added by section 101 of this shall consult with an Independent Review time credits under section 3632(d)(4)(D) of Act, strike ‘‘under section 3624(g)’’. Committee in carrying out the Attorney title 18, United States Code, as added by sec- In section 102— General’s duties under sections 3631(b), 3632 tion 101(a) of this Act, and for each offense (1) strike ‘‘(a) IMPLEMENTATION OF SYSTEM and 3633 of title 18, United States Code, as the number of prisoners excluded, including GENERALLY.—’’; and added by section 101(a) of this Act. demographic percentages by age, race, and (2) strike subsection (b). (b) FORMATION OF INDEPENDENT REVIEW sex; In section 103— COMMITTEE.—The National Institute of Jus- (2) the criminal history categories of pris- (1) strike paragraphs (3) and (7); and tice shall select a nonpartisan and nonprofit oners ineligible to receive time credits under (2) redesignate— organization with expertise in the study and section 3632(d)(4)(D) of title 18, United States (A) paragraphs (4) through (6) as para- development of risk and needs assessment Code, as added by section 101(a) of this Act, graphs (3) through (5), respectively; and tools to host the Independent Review Com- and for each category the number of pris- (B) paragraph (8) as paragraph (6). mittee. The Independent Review Committee oners excluded, including demographic per- In section 107— shall be established not later than 30 days centages by age, race, and sex; (1) strike subsection (g); and after the date of enactment of this Act. (3) the number of prisoners ineligible to (2) redesignate subsection (h) as subsection (c) APPOINTMENT OF INDEPENDENT REVIEW apply time credits under section 3632(d)(4)(D) (g). COMMITTEE.—The organization selected by of title 18, United States Code, as added by Strike title IV. the National Institute of Justice shall ap- section 101(a) of this Act, who do not partici- Redesignate titles V and VI as titles IV point not fewer than 6 members to the Inde- pate in recidivism reduction programming or and V, respectively. pendent Review Committee. productive activities, including the demo- Strike section 502, as redesignated. (d) COMPOSITION OF THE INDEPENDENT RE- graphic percentages by age, race, and sex; Redesignate sections 503 through 513, as re- VIEW COMMITTEE.—The members of the Inde- (4) any recommendations for modifications designated, as sections 502 through 512, re- pendent Review Committee shall all have ex- to section 3632(d)(4)(D) of title 18, United spectively. pertise in risk and needs assessment systems States Code, as added by section 101(a) of In section 503(a)— and shall include— this Act, and any other recommendations re- (1) in paragraph (3), strike ‘‘504(b)(1)(A)’’ (1) 2 individuals who have published peer- garding recidivism reduction. and insert ‘‘404(b)(1)(A)’’; and reviewed scholarship about risk and needs (h) TERMINATION.—The Independent Review (2) in paragraph (5)(A)(ii), strike assessments in both corrections and commu- Committee shall terminate on the date that ‘‘504(b)(1)(B)’’ and insert ‘‘404(b)(1)(B)’’. nity settings; is 5 years after the date on which the risk (2) 2 corrections practitioners who have de- and needs assessment system authorized by SA 4143. Mr. SASSE submitted an veloped and implemented a risk assessment sections 3632 and 3633 of title 18, United amendment intended to be proposed to tool in a corrections system or in a commu- States Code, as added by section 101(a) of amendment SA 4108 proposed by Mr. nity supervision setting, including 1 with this Act, is released. prior experience working within the Bureau MCCONNELL (for Mr. GRASSLEY) to the of Prisons; and SA 4141. Mr. INHOFE submitted an bill S. 756, to reauthorize and amend (3) 1 individual with expertise in assessing amendment intended to be proposed to the Marine Debris Act to promote risk assessment implementation. amendment SA 4108 proposed by Mr. international action to reduce marine (e) DUTIES OF THE INDEPENDENT REVIEW debris, and for other purposes; which MCCONNELL (for Mr. GRASSLEY) to the COMMITTEE.—The Independent Review Com- was ordered to lie on the table; as fol- mittee shall assist the Attorney General in bill S. 756, to reauthorize and amend carrying out the Attorney General’s duties the Marine Debris Act to promote lows: under sections 3631(b), 3632 and 3633 of title international action to reduce marine In section 3631 of title 18, United States 18, United States Code, as added by section debris, and for other purposes; which Code, as added by section 101(a) of this Act— 101(a) of this Act, including by assisting in— (1) in subsection (a)— was ordered to lie on the table; as fol- (A) in paragraph (4), add ‘‘and’’ at the end; (1) conducting a review of the existing pris- lows: oner risk and needs assessment systems in (B) in paragraph (5), strike ‘‘; and’’ and in- operation on the date of enactment of this On page 149, strike line 12 and insert the sert a period; and Act; following: (C) strike paragraph (6). (2) developing recommendations regarding shall be prohibited. In section 3632 of title 18, United States evidence-based recidivism reduction pro- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in Code, as added by section 101(a) of this Act— grams and productive activities; this section may be construed to impose any (1) in subsection (a), strike ‘‘, in consulta- (3) conducting research and data analysis requirement on a State or local law enforce- tion with the Independent Review Com- on— ment agency.’’. mittee authorized by the First Step Act of (A) evidence-based recidivism reduction 2018,’’; and programs relating to the use of prisoner risk SA 4142. Mr. SASSE submitted an (2) in subsection (d)— and needs assessment tools; amendment intended to be proposed to (A) in paragraph (4)— (B) the most effective and efficient uses of amendment SA 4108 proposed by Mr. (i) in subparagraph (C), strike the period at such programs; and MCCONNELL (for Mr. GRASSLEY) to the the end and insert ‘‘, except that the Direc- (C) which evidence-based recidivism reduc- bill S. 756, to reauthorize and amend tor of the Bureau of Prisons may deny such tion programs are the most effective at re- the Marine Debris Act to promote a transfer if the warden of the prison finds ducing recidivism, and the type, amount, and international action to reduce marine that the prisoner should not be transferred into prerelease custody based on the pris- intensity of programming that most effec- debris, and for other purposes; which tively reduces the risk of recidivism; and oner’s programmatic needs, the prisoner’s (4) reviewing and validating the risk and was ordered to lie on the table; as fol- conduct or actions after the conviction of needs assessment system. lows: such prisoner, the prisoner’s risk of recidi- (f) BUREAU OF PRISONS COOPERATION.—The In section 3632 of title 18, United States vism, the availability of the Bureau of Pris- Director of the Bureau of Prisons shall assist Code, as added by section 101 of this Act— ons’ resources to ensure adequate super- the Independent Review Committee in per- (1) in subsection (a)— vision of the prisoner while in prerelease forming the Committee’s duties and prompt- (A) in paragraph (6), insert ‘‘and’’ at the custody, and other conditions that the Direc- ly respond to requests from the Committee end; tor of the Bureau of Prisons determines are for access to Bureau of Prisons facilities, (B) strike paragraph (7); and appropriate for public safety or recidivism personnel, and information. (C) redesignate paragraph (8) as paragraph reduction purposes. The determination of (g) REPORT.—Not later than 1 year after (7); whether the prisoner should be transferred the date of enactment of this Act and annu- (2) in subsection (d)— into prerelease custody or supervised release ally for each year until the Independent Re- (A) strike paragraph (4); and under this paragraph shall not be reviewable view Committee terminates under this sec- (B) redesignate paragraphs (5) and (6) as by any court.’’; and tion, the Independent Review Committee paragraphs (4) and (5), respectively; and (ii) in strike subparagraph (E)(i) and insert shall submit to the Committee on the Judici- (3) strike subsection (e) and insert the fol- the following: ary and the Subcommittee on Commerce, lowing: ‘‘(i) IN GENERAL.—A prisoner is ineligible Justice, Science, and Related Agencies of the ‘‘(e) PENALTIES.—The Director of the Bu- to apply time credits under subparagraph (C) Committee on Appropriations of the Senate reau of Prisons shall develop guidelines for if the prisoner is— and the Committee on the Judiciary and the the reduction of rewards and incentives ‘‘(I) the subject to an immigration detainer Subcommittee on Commerce, Justice, earned under subsection (d) for prisoners who or to a final order of removal under any pro- Science, and Related Agencies of the Com- violate prison rules or evidence-based recidi- vision of the immigration laws (as such term mittee on Appropriations of the House of vism reduction program or productive activ- is defined in section 101(a)(17) of the Immi- Representatives a public report that in- ity rules, which shall provide general levels gration and Nationality Act (8 U.S.C. cludes— of violations and resulting reductions.’’. 1101(a)(17))); or

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.029 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7717 ‘‘(II) is found by the Director of the Bureau amendment SA 4108 proposed by Mr. amendment SA 4108 proposed by Mr. of Prisons to be likely to be a deportable MCCONNELL (for Mr. GRASSLEY) to the MCCONNELL (for Mr. GRASSLEY) to the alien described in section 237(a) of the Immi- bill S. 756, to reauthorize and amend bill S. 756, to reauthorize and amend gration and Nationality Act (8 U.S.C. the Marine Debris Act to promote the Marine Debris Act to promote 1227(a)).’’; and (B) in paragraph (6), insert ‘‘, except no ac- international action to reduce marine international action to reduce marine tivity that earns a prisoner credit for any debris, and for other purposes; which debris, and for other purposes; which other incentive or reward shall earn the pris- was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- oner any incentives under this subsection’’ lows: lows: before the period at the end. On page 13, strike lines 1 through 14 and in- At the end of title VI, add the following: sert the following: In section 3633(a) of title 18, United States SEC. 614. NATIONAL CRIMINAL JUSTICE COMMIS- Code, as added by section 101(a) of this Act, ‘‘(ii) Section 111, relating to assaulting, re- SION. sisting, or impeding certain officers or em- strike ‘‘, in consultation with the Inde- (a) FINDINGS.—Congress finds that— ployees. pendent Review Committee authorized by (1) it is in the interest of the Nation to es- ‘‘(iii) Section 113(a), relating to assaults the First Step Act of 2018,’’. tablish a commission to undertake a com- within maritime and territorial jurisdiction. In section 3635 of title 18, United States prehensive review of the criminal justice On page 15, line 14, strike ‘‘section 1112’’ Code, as added by section 101(a) of this Act— system; and all that follows through ‘‘man- (1) in paragraph (3)— (2) there has not been a comprehensive slaughter),’’ on line 18. (A) in subparagraph (B), strike ‘‘and’’ at On page 16, line 3, strike ‘‘persons,’’ and all study since the President’s Commission on the end; that follows through the end of line 4 and in- Law Enforcement and Administration of (B) in subparagraph (C)(xiii), strike the pe- sert ‘‘persons.’’. Justice was established in 1965; riod at the end and insert ‘‘; and’’; and On page 16, strike line 20 and all that fol- (3) that commission, in a span of 18 (C) add at the end the following: lows through page 17, line 7, and insert the months, produced a comprehensive report ‘‘(D) may not include any training that following: entitled ‘‘The Challenge of Crime in a Free would enhance the capacity of the prisoner ‘‘(xxvii) Subsection (a), (d), or (e) of section Society’’, which contained 200 specific rec- to commit any crime similar to those for 2113, relating to certain bank robberies and ommendations on all aspects of the criminal which the prisoner is incarcerated.’’; incidental crimes. justice system involving Federal, State, (2) strike paragraph (5); ‘‘(xxviii) Subsection (a) or (c) of section Tribal, and local governments, civic organi- (3) redesignate paragraph (6) as paragraph 2118, relating to certain robberies and bur- zations, religious institutions, business (5). glaries involving controlled substances. groups, and individual citizens; and In section 3624(g) of title 18, United States ‘‘(xxix) Section 2119, relating to taking a (4) developments over the intervening 50 Code, as added by section 102(b) of this Act— motor vehicle (commonly referred to as years require once again that Federal, State, (1) strike paragraph (1)(D) and insert the ‘carjacking’). Tribal, and local governments, law enforce- following: On page 20, strike line 19 and all that fol- ment agencies, including rank and file offi- ‘‘(D) has been determined under the Sys- lows through page 21, line 2, and insert the cers, civil rights organizations, community- tem to be a minimum or low risk to following: based organization leaders, civic organiza- recidivate pursuant to the last 2 reassess- ‘‘(lii) Section 401 of the Controlled Sub- tions, religious institutions, business groups, ments of the prisoner.’’; and stances Act (21 U.S.C. 841), relating to manu- and individual citizens come together to re- (2) strike paragraph (2)(A) and insert the facturing or distributing a controlled sub- view evidence and consider how to improve following: stance. the criminal justice system. ‘‘(A) HOME CONFINEMENT.— On page 24, line 1, strike ‘‘(lii)’’ and insert (b) ESTABLISHMENT OF COMMISSION.—There ‘‘(i) IN GENERAL.—A prisoner placed in ‘‘(lxii)’’. is established a commission to be known as prerelease custody pursuant to this sub- On page 24, after line 24, add the following: the ‘‘National Criminal Justice Commis- section who is placed in home confinement ‘‘(lxiii) Any offense under Federal law that sion’’ (referred to in this section as the shall— is a crime of violence, as defined in section ‘‘Commission’’). ‘‘(I) be subject to 24-hour electronic moni- 16. (c) PURPOSE OF THE COMMISSION.—The Com- toring that enables the prompt identification ‘‘(lxiv) Any offense under Federal law that mission shall— of the prisoner, location, and time, in the is a sex offense, as defined in section 111 of (1) undertake a comprehensive review of case of any violation of subclause (II); the Adam Walsh Child Protection and Safety the criminal justice system; ‘‘(II) remain in the prisoner’s residence, ex- Act of 2006 (34 U.S.C. 20911). (2) make recommendations for Federal cept that the prisoner may leave the pris- ‘‘(lxv) Section 36, relating to drive-by- criminal justice reform to the President and oner’s home in order to, subject to the ap- shootings. Congress; and proval of the Director of the Bureau of Pris- ‘‘(lxvi) Section 114, relating to maiming (3) disseminate findings and supplemental ons— within maritime and territorial jurisdiction. guidance to the Federal Government, as well ‘‘(aa) perform a job or job-related activi- ‘‘(lxvii) Section 249, relating to hate as to State, local, and Tribal governments. ties, including an apprenticeship, or partici- crimes. (d) REVIEW, RECOMMENDATIONS, AND RE- pate in job-seeking activities; ‘‘(lxviii) Section 2101, relating to riots. PORT.— ‘‘(bb) participate in evidence-based recidi- ‘‘(lxix) Section 2111, relating to robbery (1) GENERAL REVIEW.—The Commission vism reduction programming or productive within the special maritime and territorial shall undertake a comprehensive review of activities assigned by the System, or similar jurisdiction of the United States. all areas of the criminal justice system, in- activities; ‘‘(lxx) Section 2261, relating to interstate cluding Federal, State, local, and Tribal gov- ‘‘(cc) perform community service; domestic violence. ernments’ criminal justice costs, practices, ‘‘(dd) participate in crime victim restora- ‘‘(lxxi) Section 2261A, relating to stalking. and policies. tion activities; ‘‘(lxxii) Section 2421, relating to transpor- (2) RECOMMENDATIONS.— ‘‘(ee) receive medical treatment; tation for illegal sexual activity. (A) IN GENERAL.—Not later than 18 months ‘‘(ff) attend religious activities; or ‘‘(lxxiii) Section 2422, relating to coercion after the first meeting of the Commission, ‘‘(gg) participate in other family-related and enticement relating to transportation the Commission shall submit to the Presi- activities that facilitate the prisoner’s suc- for illegal sexual activity. dent and Congress recommendations for cessful reentry such as a family funeral, a ‘‘(lxxiv) Section 2423, relating to transpor- changes in Federal oversight, policies, prac- family wedding, or to visit a family member tation of minors for illegal sexual activity. tices, and laws designed to prevent, deter, who is seriously ill; and ‘‘(lxxv) Section 2425, relating to the use of and reduce crime and violence, reduce recidi- ‘‘(III) comply with such other conditions as interstate facilities to transmit information vism, improve cost-effectiveness, and ensure the Director determines appropriate. about a minor relating to illegal sexual ac- the interests of justice at every step of the ‘‘(ii) DURATION.—Except as provided in tivity. criminal justice system. paragraph (4), a prisoner who is placed in ‘‘(lxxvi) Section 1010 or 1012 of the Con- (B) UNANIMOUS CONSENT REQUIRED.—A rec- home confinement shall remain in home controlled Substances Import Export Act (21 ommendation of the Commission may be finement until the prisoner has served not U.S.C. 960, 962), relating to importing or ex- adopted and submitted under subparagraph less than 85 percent of the prisoner’s imposed porting controlled substances. (A) if the recommendation is approved by a term of imprisonment.’’. ‘‘(lxxvii) Section 70506 of title 46, United unanimous vote of the Commissioners at a Strike section 107. States Code, relating to maritime drug law meeting where a quorum is present pursuant Strike section 602. enforcement. to subsection (e)(4). Redesignate sections 603 through 613, as re- On page 70, strike line 2 and all that fol- (C) REQUIREMENT.—The recommendations designated, as sections 602 through 612, re- lows through page 74, line 21. submitted under this paragraph shall be spectively. made available to the public. SA 4145. Mr. PETERS (for himself (3) REPORT.— SA 4144. Mr. SASSE submitted an and Mr. CORNYN) submitted an amend- (A) IN GENERAL.—Not later than 18 months amendment intended to be proposed to ment intended to be proposed to after the first meeting of the Commission,

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the Commission shall also disseminate to the (C) Two members shall be appointed by the (A) MEETINGS.—The Commission shall Federal Government, as well as to State, senior member of the Senate leadership of meet at the call of the co-chairs or a major- local, and Tribal governments, a report that the Democratic Party, in consultation with ity of its members. details the findings and supplemental guid- the Democratic leadership of the Committee (B) QUORUM.—Eight members of the Com- ance of the Commission regarding the crimi- on the Judiciary. mission shall constitute a quorum for pur- nal justice system at all levels of govern- (D) Two members shall be appointed by the poses of conducting business, except that 2 ment. senior member of the Senate leadership of members of the Commission shall constitute (B) MAJORITY VOTE REQUIRED.—Commission the Republican Party, in consultation with a quorum for purposes of receiving testi- findings and supplemental guidance may be the Republican leadership of the Committee mony. adopted and included in the report required on the Judiciary. (C) VACANCIES.—Any vacancy in the Com- under subparagraph (A) if the findings or (E) Two members shall be appointed by the mission shall not affect its powers, but shall guidance is approved by a majority vote of senior member of the leadership of the House be filled in the same manner in which the the Commissioners at a meeting where a of Representatives of the Republican Party, original appointment was made. If vacancies quorum is present pursuant to subsection in consultation with the Republican leader- in the Commission occur on any day after 45 (e)(4), except that any Commissioners dis- ship of the Committee on the Judiciary. days after the date of the enactment of this senting from particular finding or supple- (F) Two members shall be appointed by the Act, a quorum shall consist of a majority of mental guidance shall have the right to state senior member of the leadership of the House the members of the Commission as of such the reason for their dissent in writing and of Representatives of the Democratic Party, day, so long as not less than 1 Commission such dissent shall be included in the report in consultation with the Democratic leader- member chosen by a member of each party, of the Commission. ship of the Committee on the Judiciary. Republican and Democratic, is present. (C) REQUIREMENT.—The report submitted (G) Two members, who shall be State and (5) ACTIONS OF COMMISSION.— under this paragraph shall be made available local representatives, shall be appointed by (A) IN GENERAL.—The Commission— to the public. the President in agreement with the leader (i) shall, subject to the requirements of (4) PRIOR COMMISSIONS.—The Commission of the Senate (majority or minority leader, subsection (d), act by resolution agreed to by shall take into consideration the work of as the case may be) of the Republican Party a majority of the members of the Commis- prior relevant commissions in conducting its sion voting and present; and review. and the leader of the House of Representa- tives (majority or minority leader, as the (ii) may establish panels composed of less (5) STATE AND LOCAL GOVERNMENT.—In case may be) of the Republican Party. than the full membership of the Commission issuing its recommendations and report for purposes of carrying out the duties of the under this subsection, the Commission shall (H) Two members, who shall be State and local representatives, shall be appointed by Commission under this title— not infringe on the legitimate rights of the (I) which shall be subject to the review and States to determine their own criminal laws the President in agreement with the leader of the Senate (majority or minority leader, control of the Commission; and or the enforcement of such laws. (II) any findings and determinations made (6) PUBLIC HEARINGS.—The Commission as the case may be) of the Democratic Party and the leader of the House of Representa- by such a panel shall not be considered the shall conduct public hearings in various lo- findings and determinations of the Commis- cations around the United States. tives (majority or minority leader, as the sion unless approved by the Commission. (7) CONSULTATION WITH GOVERNMENT AND case may be) of the Democratic Party. (B) DELEGATION.—Any member, agent, or NONGOVERNMENT REPRESENTATIVES.— (2) MEMBERSHIP.— staff of the Commission may, if authorized (A) IN GENERAL.—The Commission shall— (A) QUALIFICATIONS.—The individuals ap- by the co-chairs of the Commission, take any (i) closely consult with Federal, State, pointed from private life as members of the action which the Commission is authorized local, and Tribal government and nongovern- Commission shall be individuals with distin- to take pursuant to this section. mental leaders, including State, local, and guished reputations for integrity and non- Tribal law enforcement officials, including partisanship who are nationally recognized (f) ADMINISTRATION.— rank and file officers, legislators, public for expertise, knowledge, or experience in (1) STAFF.— health officials, judges, court administra- such relevant areas as— (A) EXECUTIVE DIRECTOR.—The Commission tors, prosecutors, defense counsel, victims’ (i) law enforcement; shall have a staff headed by an Executive Di- rights organizations, probation and parole (ii) criminal justice; rector. The Executive Director shall be paid officials, criminal justice planners, crimi- (iii) national security; at a rate established for the Certified Plan nologists, civil rights and liberties organiza- (iv) prison and jail administration; pay level for the Senior Executive Service tions, community-based organization lead- (v) prisoner reentry; under section 5382 of title 5, United States ers, formerly incarcerated individuals, pro- (vi) public health, including physical and Code. fessional organizations, and corrections offi- sexual victimization, drug addiction and (B) APPOINTMENT AND COMPENSATION.—The cials; and mental health; co-chairs of the Commission shall designate (ii) include in the final report required (vii) victims’ rights; and fix the compensation of the Executive under paragraph (3) summaries of the input (viii) civil rights; Director and, in accordance with rules and recommendations of those leaders. (ix) civil liberties; agreed upon by the Commission, may ap- (B) UNITED STATES SENTENCING COMMIS- (x) court administration; point and fix the compensation of such other SION.—To the extent the review and rec- (xi) social services; and personnel as may be necessary to enable the ommendations required by this subsection (xii) State, local, and Tribal government. Commission to carry out its functions, with- relate to sentencing policies and practices (B) DISQUALIFICATION.—An individual shall out regard to the provisions of title 5, United for the Federal criminal justice system, the not be appointed as a member of the Com- States Code, governing appointments in the Commission shall conduct such review and mission if such individual possesses any per- competitive service, and without regard to make such recommendations in consultation sonal financial interest in the discharge of the provisions of chapter 51 and subchapter with the United States Sentencing Commis- any of the duties of the Commission. III of chapter 53 of such title relating to clas- sion. (C) TERMS.—Members shall be appointed sification and General Schedule pay rates, (8) SENSE OF CONGRESS, GOAL OF UNA- for the life of the Commission. except that no rate of pay fixed under this NIMITY.—It is the sense of the Congress that, (3) APPOINTMENT; FIRST MEETING.— paragraph may exceed the equivalent of that given the national importance of the matters (A) APPOINTMENT.—Members of the Com- payable for a position at level V of the Exec- before the Commission, the Commission mission shall be appointed not later than 45 utive Schedule under section 5316 of title 5, should work toward unanimously supported days after the date of the enactment of this United States Code. findings and supplemental guidance, and Act. (C) PERSONNEL AS FEDERAL EMPLOYEES.— that unanimously supported findings and (B) FIRST MEETING.—The Commission shall (i) IN GENERAL.—The Executive Director supplemental guidance should take prece- hold its first meeting on the date that is 60 and any personnel of the Commission who dence over those findings and supplemental days after the date of enactment of this Act, are employees shall be employees under sec- guidance that are not unanimously sup- or not later than 30 days after the date on tion 2105 of title 5, United States Code, for ported. which funds are made available for the Com- purposes of chapters 63, 81, 83, 84, 85, 87, 89, (e) MEMBERSHIP.— mission, whichever is later. and 90 of that title. (1) IN GENERAL.—The Commission shall be (C) ETHICS.—At the first meeting of the (ii) MEMBERS OF COMMISSION.—Clause (i) composed of 14 members, as follows: Commission, the Commission shall draft ap- shall not be construed to apply to members (A) One member shall be appointed by the propriate ethics guidelines for commis- of the Commission. President, and shall serve as co-chairman of sioners and staff, including guidelines relat- (D) THE COMPENSATION OF COMMISSIONERS.— the Commission. ing to conflict of interest and financial dis- Each member of the Commission may be (B) One member, who shall be a member of closure. The Commission shall consult with compensated at not to exceed the daily the opposite party of the President, shall be the Senate and House Committees on the Ju- equivalent of the annual rate of basic pay in appointed by the leader of the Senate, in diciary as a part of drafting the guidelines effect for a position at level V of the Execu- consultation with the leader of the House of and furnish the committees with a copy of tive Schedule under section 5315 of title 5, Representatives, and shall serve as co-chair- the completed guidelines. United States Code, for each day during man of the Commission. (4) MEETINGS; QUORUM; VACANCIES.— which that member is engaged in the actual

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.032 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7719 performance of the duties of the Commis- other legal agreement entered into by the SA 4147. Mr. SCHUMER submitted an sion. All members of the Commission who Commission may not extend beyond the date amendment intended to be proposed by are officers or employees of the United of the termination of the Commission. him to the bill S. 756, to reauthorize States, State, or local government shall (10) GIFTS.—Subject to existing law, the and amend the Marine Debris Act to serve without compensation in addition to Commission may accept, use, and dispose of that received for their services as officers or gifts or donations of services or property. promote international action to reduce employees. (11) ADMINISTRATIVE ASSISTANCE.—The Ad- marine debris, and for other purposes; (E) TRAVEL EXPENSES.—While away from ministrator of General Services shall provide which was ordered to lie on the table; their homes or regular places of business in to the Commission, on a reimbursable basis, as follows: the performance of services for the Commis- the administrative support services nec- At the end, add the following: sion, members of the Commission shall be al- essary for the Commission to carry out its The provisions in this Act shall go into ef- lowed travel expenses, including per diem in responsibilities under this section. These ad- fect 1 day after enactment. lieu of subsistence, in the same manner as ministrative services may include human re- persons employed intermittently in the Gov- source management, budget, leasing, ac- SA 4148. Mr. SCHUMER submitted an ernment service are allowed expenses under counting, and payroll services. amendment intended to be proposed by section 5703(b) of title 5, United States Code. (12) NONAPPLICABILITY OF FACA AND PUBLIC him to the bill S. 756, to reauthorize (2) EXPERTS AND CONSULTANTS.—With the ACCESS TO MEETINGS AND MINUTES.— and amend the Marine Debris Act to approval of the Commission, the Executive (A) IN GENERAL.—The Federal Advisory Director may procure temporary and inter- Committee Act (5 U.S.C. App.) shall not promote international action to reduce mittent services under section 3109(b) of title apply to the Commission. marine debris, and for other purposes; 5, United States Code. (B) MEETINGS AND MINUTES.— which was ordered to lie on the table; (3) DETAIL OF GOVERNMENT EMPLOYEES.— (i) MEETINGS.— as follows: Upon the request of the Commission, the (I) ADMINISTRATION.—All meetings of the At the end, add the following: head of any Federal agency may detail, with- Commission shall be open to the public, ex- The provisions in this Act shall go into ef- out reimbursement, any of the personnel of cept that a meeting or any portion of it may fect 2 days after enactment. such agency to the Commission to assist in be closed to the public if it concerns matters carrying out the duties of the Commission. or information described in section 552b(c) of SA 4149. Mr. GRASSLEY submitted Any such detail shall not interrupt or other- title 5, United States Code. Interested per- wise affect the civil service status or privi- sons shall be permitted to appear at open an amendment intended to be proposed leges of the Federal employee. meetings and present oral or written state- to amendment SA 4108 proposed by Mr. (4) OTHER RESOURCES.—The Commission ments on the subject matter of the meeting. MCCONNELL (for Mr. GRASSLEY) to the shall have reasonable access to materials, re- The Commission may administer oaths or af- bill S. 756, to reauthorize and amend sources, statistical data, and other informa- firmations to any person appearing before it. the Marine Debris Act to promote tion such Commission determines to be nec- (II) NOTICE.—All open meetings of the essary to carry out its duties from the Li- international action to reduce marine Commission shall be preceded by timely pub- debris, and for other purposes; which brary of Congress, the Department of Jus- lic notice in the Federal Register of the tice, the Office of National Drug Control Pol- was ordered to lie on the table; as fol- time, place, and subject of the meeting. icy, the Department of State, and other lows: (ii) MINUTES AND PUBLIC AVAILABILITY.— agencies of the executive and legislative Minutes of each open meeting shall be kept On page 6, line 9, strike ‘‘210’’ and insert branches of the Federal Government. The co- and shall contain a record of the people ‘‘211’’. chairs of the Commission shall make represent, a description of the discussion that quests for such access in writing when nec- occurred, and copies of all statements filed. Mr. MENENDEZ submitted essary. SA 4150. The minutes and records of all open meet- (5) VOLUNTEER SERVICES.—Notwithstanding an amendment intended to be proposed ings and other documents that were made the provisions of section 1342 of title 31, to amendment SA 4108 proposed by Mr. United States Code, the Commission is au- available to or prepared for the Commission MCCONNELL (for Mr. GRASSLEY) to the thorized to accept and utilize the services of shall be available for public inspection and bill S. 756, to reauthorize and amend copying at a single location in the offices of volunteers serving without compensation. the Marine Debris Act to promote The Commission may reimburse such volun- the Commission. (13) ARCHIVING.—Not later than the date of international action to reduce marine teers for local travel and office supplies, and debris, and for other purposes; which for other travel expenses, including per diem termination of the Commission, all records in lieu of subsistence, as authorized by sec- and papers of the Commission shall be deliv- was ordered to lie on the table; as fol- tion 5703 of title 5, United States Code. A ered to the Archivist of the United States for lows: person providing volunteer services to the deposit in the National Archives. At the end of title VI, add the following: Commission shall be considered an employee (g) AUTHORIZATION FOR USE OF FUNDS.—For SEC. 614. OFFICE FOR ACCESS TO JUSTICE. of the Federal Government in performance of each of fiscal years 2019 and 2020, the Attor- The Attorney General shall reestablish the those services for the purposes of chapter 81 ney General may use, from any unobligated Office for Access to Justice as a separate of- of title 5, United States Code, relating to balances made available under the heading fice of the Department of Justice that is not compensation for work-related injuries, ‘‘GENERAL ADMINISTRATION’’ to the Depart- within any other office or agency of the De- chapter 171 of title 28, United States Code, ment of Justice in an appropriations Act, partment of Justice. relating to tort claims, and chapter 11 of such amounts as are necessary, not to exceed title 18, United States Code, relating to con- $7,000,000 per fiscal year and not to exceed SA 4151. Mr. MENENDEZ submitted flicts of interest. $14,000,000 total for both fiscal years, to carry an amendment intended to be proposed out this section, except that none of the (6) OBTAINING OFFICIAL DATA.—The Com- to amendment SA 4108 proposed by Mr. mission may secure directly from any agen- funds authorized to be used to carry out this cy of the United States information nec- section may be used for international travel. MCCONNELL (for Mr. GRASSLEY) to the essary to enable it to carry out this section. (h) SUNSET.—The Commission shall termi- bill S. 756, to reauthorize and amend Upon the request of the co-chairs of the nate 60 days after the Commission submits the Marine Debris Act to promote Commission, the head of that department or the report required under subsection (d)(3) to international action to reduce marine agency shall furnish that information to the Congress. debris, and for other purposes; which Commission. The Commission shall not have was ordered to lie on the table; as fol- access to sensitive information regarding on- SA 4146. Mr. THUNE submitted an lows: going investigations. amendment intended to be proposed to At the end of title VI, add the following: (7) MAILS.—The Commission may use the amendment SA 4108 proposed by Mr. United States mails in the same manner and SEC. 614. ACCESS TO RECIDIVISM REDUCTION MCCONNELL (for Mr. GRASSLEY) to the under the same conditions as other depart- PROGRAMMING IN OTHER LAN- GUAGES. ments and agencies of the United States. bill S. 756, to reauthorize and amend Any recidivism reduction programming (8) ADMINISTRATIVE REPORTING.—The Com- the Marine Debris Act to promote provided or funded under this Act or an mission shall issue biannual status reports international action to reduce marine amendment made by this Act shall, upon re- to Congress regarding the use of resources, debris, and for other purposes; which quest of a prisoner, be provided to the pris- salaries, and all expenditures of appropriated was ordered to lie on the table; as fol- oner in his or her primary language. funds. lows: (9) CONTRACTS.—The Commission is au- Mr. BOOKER (for himself thorized to enter into contracts with Federal Beginning on page 130, strike line 9 and all SA 4152. and State agencies, private firms, institu- that follows through page 132, line 6, and in- and Mr. JOHNSON) submitted an amend- tions, and individuals for the conduct of ac- sert the following: ment intended to be proposed to tivities necessary to the discharge of its du- SEC. 605. GAO REPORT. amendment SA 4108 proposed by Mr. ties and responsibilities. A contract, lease or Beginning not later than 90 days MCCONNELL (for Mr. GRASSLEY) to the

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Procedures lows: tion— At the end of title VI, add the following: ‘‘(A) that requires a determination of eligi- ‘‘(a) APPEALS.—The Director of the Office of Personnel Management shall by rule es- SEC. 614. FAIR CHANCE ACT. bility described in clause (i), (ii), or (iii) of tablish procedures providing for an appeal (a) SHORT TITLE.—This section may be section 9101(b)(1)(A); from any adverse action taken under section cited as the ‘‘Fair Chance to Compete for ‘‘(B) as a Federal law enforcement officer 9204 by not later than 30 days after the date Jobs Act of 2018’’ or the ‘‘Fair Chance Act’’. (as defined in section 115(c) of title 18); or of the action. (b) PROHIBITION ON CRIMINAL HISTORY IN- ‘‘(C) identified by the Director of the Office ‘‘(b) APPLICABILITY OF OTHER LAWS.—An QUIRIES PRIOR TO CONDITIONAL OFFER FOR of Personnel Management in the regulations adverse action taken under section 9204 (in- FEDERAL EMPLOYMENT.— issued under paragraph (2). cluding a determination in an appeal from (1) IN GENERAL.—Subpart H of part III of ‘‘(2) REGULATIONS.— title 5, United States Code, is amended by ‘‘(A) ISSUANCE.—The Director of the Office such an action under subsection (a) of this adding at the end the following: of Personnel Management shall issue regula- section) shall not be subject to— tions identifying additional positions with ‘‘(1) the procedures under chapter 75; or ‘‘CHAPTER 92—PROHIBITION ON CRIMI- respect to which the prohibition under sub- ‘‘(2) except as provided in subsection (a) of NAL HISTORY INQUIRIES PRIOR TO section (a) shall not apply, giving due consid- this section, appeal or judicial review. CONDITIONAL OFFER eration to positions that involve interaction ‘‘§ 9206. Rules of construction ‘‘Sec. with minors, access to sensitive information, ‘‘Nothing in this chapter may be construed ‘‘9201. Definitions. or managing financial transactions. ‘‘9202. Limitations on requests for criminal to— ‘‘(B) COMPLIANCE WITH CIVIL RIGHTS LAWS.— ‘‘(1) authorize any officer or employee of history record information. The regulations issued under subparagraph ‘‘9203. Agency policies; whistleblower com- an agency to request the disclosure of infor- (A) shall— plaint procedures. mation described under subparagraphs (B) ‘‘(i) be consistent with, and in no way su- ‘‘9204. Adverse action. and (C) of section 9201(4); or persede, restrict, or limit the application of ‘‘9205. Procedures. ‘‘(2) create a private right of action for any title VII of the Civil Rights Act of 1964 (42 ‘‘9206. Rules of construction. person.’’. U.S.C. 2000e et seq.) or other relevant Fed- (2) REGULATIONS; EFFECTIVE DATE.— ‘‘§ 9201. Definitions eral civil rights laws; and (A) REGULATIONS.—Not later than 1 year ‘‘In this chapter— ‘‘(ii) ensure that all hiring activities con- after the date of enactment of this Act, the ‘‘(1) the term ‘agency’ means ‘Executive ducted pursuant to the regulations are con- Director of the Office of Personnel Manage- agency’ as such term is defined in section 105 ducted in a manner consistent with relevant ment shall issue such regulations as are nec- and includes— Federal civil rights laws. essary to carry out chapter 92 of title 5, ‘‘(A) the United States Postal Service and ‘‘§ 9203. Agency policies; complaint proce- United States Code (as added by this sec- the Postal Regulatory Commission; and dures tion). ‘‘(B) the Executive Office of the President; ‘‘The Director of the Office of Personnel (B) EFFECTIVE DATE.—Section 9202 of title ‘‘(2) the term ‘appointing authority’ means Management shall— 5, United States Code (as added by this sec- an employee in the executive branch of the ‘‘(1) develop, implement, and publish a pol- tion), shall take effect on the date that is 2 Government of the United States that has icy to assist employees of agencies in com- years after the date of enactment of this authority to make appointments to positions plying with section 9202 and the regulations Act. in the civil service; issued pursuant to such section; and (3) TECHNICAL AND CONFORMING AMEND- ‘‘(3) the term ‘conditional offer’ means an ‘‘(2) establish and publish procedures under MENT.—The table of chapters for part III of offer of employment in a position in the civil which an applicant for an appointment to a title 5, United States Code, is amended by in- service that is conditioned upon the results position in the civil service may submit a serting after the item relating to chapter 91 of a criminal history inquiry; complaint, or any other information, relat- the following: ‘‘(4) the term ‘criminal history record ining to compliance by an employee of an ‘‘92. Prohibition on criminal history formation’— agency with section 9202. ‘‘(A) except as provided in subparagraphs inquiries prior to conditional ‘‘§ 9204. Adverse action (B) and (C), has the meaning given the term offer ...... 9201’’. ‘‘(a) FIRST VIOLATION.—If the Director of in section 9101(a); (4) APPLICATION TO LEGISLATIVE BRANCH.— the Office of Personnel Management deter- ‘‘(B) includes any information described in (A) IN GENERAL.—The Congressional Ac- mines, after notice and an opportunity for a the first sentence of section 9101(a)(2) that countability Act of 1995 (2 U.S.C. 1301 et seq.) hearing on the record, that an employee of has been sealed or expunged pursuant to law; is amended— an agency has violated section 9202, the Di- and (i) in section 102(a) (2 U.S.C. 1302(a)), by rector shall— ‘‘(C) includes information collected by a adding at the end the following: ‘‘(1) issue to the employee a written warn- criminal justice agency, relating to an act or ‘‘(12) Section 9202 of title 5, United States ing that includes a description of the viola- alleged act of juvenile delinquency, that is Code.’’; tion and the additional penalties that may analogous to criminal history record infor- (ii) by redesignating section 207 (2 U.S.C. apply for subsequent violations; and mation (including such information that has 1317) as section 208; and ‘‘(2) file such warning in the employee’s of- been sealed or expunged pursuant to law); (iii) by inserting after section 206 (2 U.S.C. ficial personnel record file. and 1316) the following new section: ‘‘(b) SUBSEQUENT VIOLATIONS.—If the Direc- ‘‘(5) the term ‘suspension’ has the meaning tor of the Office of Personnel Management ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING given the term in section 7501. determines, after notice and an opportunity TO CRIMINAL HISTORY INQUIRIES. ‘‘§ 9202. Limitations on requests for criminal for a hearing on the record, that an em- ‘‘(a) DEFINITIONS.—In this section, the history record information ployee that was subject to subsection (a) has terms ‘agency’, ‘criminal history record in- ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL committed a subsequent violation of section formation’, and ‘suspension’ have the mean- OFFER.—Except as provided in subsections 9202, the Director may take the following ac- ings given the terms in section 9201 of title (b) and (c), an employee of an agency may tion: 5, United States Code, except as otherwise not request, in oral or written form (includ- ‘‘(1) For a second violation, suspension of modified by this section. ing through the Declaration for Federal Em- the employee for a period of not more than ‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY IN- ployment (Office of Personnel Management 7 days. QUIRIES.— Optional Form 306) or any similar successor ‘‘(2) For a third violation, suspension of ‘‘(1) IN GENERAL.— form, the USAJOBS Internet Web site, or the employee for a period of more than 7 ‘‘(A) IN GENERAL.—Except as provided in any other electronic means) that an appli- days. subparagraph (B), an employee of an employ- cant for an appointment to a position in the ‘‘(3) For a fourth violation— ing office may not request that an applicant civil service disclose criminal history record ‘‘(A) suspension of the employee for a pe- for employment as a covered employee dis- information regarding the applicant before riod of more than 7 days; and close criminal history record information if the appointing authority extends a condi- ‘‘(B) a civil penalty against the employee the request would be prohibited under sec- tional offer to the applicant. in an amount that is not more than $250. tion 9202 of title 5, United States Code, if ‘‘(b) OTHERWISE REQUIRED BY LAW.—The ‘‘(4) For a fifth violation— made by an employee of an agency. prohibition under subsection (a) shall not ‘‘(A) suspension of the employee for a pe- ‘‘(B) CONDITIONAL OFFER.—For purposes of apply with respect to an applicant for a posi- riod of more than 7 days; and applying that section 9202 under subpara- tion in the civil service if consideration of ‘‘(B) a civil penalty against the employee graph (A), a reference in that section 9202 to criminal history record information prior to in an amount that is not more than $500. a conditional offer shall be considered to be

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an offer of employment as a covered em- ‘‘(2) RESTRICTION.—A covered employee apply with respect to a contract if consider- ployee that is conditioned upon the results may not request that an applicant for em- ation of criminal history record information of a criminal history inquiry. ployment as a covered employee disclose prior to a conditional offer with respect to ‘‘(2) RULES OF CONSTRUCTION.—The provi- criminal history record information if the the position is otherwise required by law. sions of section 9206 of title 5, United States request would be prohibited under section ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— Code, shall apply to employing offices, con- 9202 of title 5 if made by an employee of an ‘‘(A) IN GENERAL.—The prohibition under sistent with regulations issued under sub- agency. paragraph (1) does not apply with respect section (d). ‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT to— ‘‘(c) REMEDY.— PROCEDURE.—The provisions of sections 9203 ‘‘(i) a contract that requires an individual ‘‘(1) IN GENERAL.—The remedy for a viola- and 9206 of title 5 shall apply to employing hired under the contract to access classified tion of subsection (b)(1) shall be such remedy offices and to applicants for employment as information or to have sensitive law enforce- as would be appropriate if awarded under covered employees, consistent with regula- ment or national security duties; or section 9204 of title 5, United States Code, if tions issued by the Director to implement ‘‘(ii) a position that the Administrator of the violation had been committed by an em- this subsection. General Services identifies under the regula- ployee of an agency, consistent with regula- ‘‘(4) ADVERSE ACTION.— tions issued under subparagraph (B). tions issued under subsection (d), except that ‘‘(A) ADVERSE ACTION.—The Director may ‘‘(B) REGULATIONS.— the reference in that section to a suspension take such adverse action with respect to a ‘‘(i) ISSUANCE.—Not later than 16 months shall be considered to be a suspension with covered employee who violates paragraph (2) after the date of enactment of the Fair the level of compensation provided for a cov- as would be appropriate under section 9204 of Chance to Compete for Jobs Act of 2018, the ered employee who is taking unpaid leave title 5 if the violation had been committed Administrator of General Services, in con- under section 202. by an employee of an agency. sultation with the Secretary of Defense, ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An ‘‘(B) APPEALS.—The Director shall by rule shall issue regulations identifying additional applicant for employment as a covered em- establish procedures providing for an appeal positions with respect to which the prohibi- ployee who alleges a violation of subsection from any adverse action taken under sub- tion under paragraph (1) shall not apply, giv- (b)(1) may rely on the provisions of title IV paragraph (A) by not later than 30 days after ing due consideration to positions that in- (other than sections 404(2), 407, and 408), con- the date of the action. volve interaction with minors, access to sen- sistent with regulations issued under sub- ‘‘(C) APPLICABILITY OF OTHER LAWS.—Ex- sitive information, or managing financial section (d). cept as provided in subparagraph (B), an ad- transactions. ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— verse action taken under subparagraph (A) ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS LAWS.— ‘‘(1) IN GENERAL.—Not later than 18 months (including a determination in an appeal from The regulations issued under clause (i) after the date of enactment of the Fair Chance to Compete for Jobs Act of 2018, the such an action under subparagraph (B)) shall shall— Board shall, pursuant to section 304, issue not be subject to appeal or judicial review. ‘‘(I) be consistent with, and in no way su- regulations to implement this section. ‘‘(5) REGULATIONS TO BE ISSUED.— persede, restrict, or limit the application of ‘‘(A) IN GENERAL.—Not later than 18 title VII of the Civil Rights Act of 1964 (42 ‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— The regulations issued under paragraph (1) months after the date of enactment of the U.S.C. 2000e et seq.) or other relevant Fed- shall be the same as substantive regulations Fair Chance to Compete for Jobs Act of 2018, eral civil rights laws; and issued by the Director of the Office of Per- the Director shall issue regulations to imple- ‘‘(II) ensure that all hiring activities con- sonnel Management under subsection ment this subsection. ducted pursuant to the regulations are con- (b)(2)(A) of the Fair Chance to Compete for ‘‘(B) PARALLEL WITH AGENCY REGULA- ducted in a manner consistent with relevant Jobs Act of 2018 to implement the statutory TIONS.—The regulations issued under sub- Federal civil rights laws. provisions referred to in subsections (a) paragraph (A) shall be the same as sub- ‘‘(b) COMPLAINT PROCEDURES.—The Admin- through (c) except to the extent that the stantive regulations promulgated by the Di- istrator of General Services shall establish Board may determine, for good cause shown rector of the Office of Personnel Manage- and publish procedures under which an appli- and stated together with the regulation, that ment under subsection (b)(2)(A) of the Fair cant for a position with a Federal contractor a modification of such regulations would be Chance to Compete for Jobs Act of 2018 ex- may submit to the Administrator a com- more effective for the implementation of the cept to the extent that the Director of the plaint, or any other information, relating to rights and protections under this section. Administrative Office of the United States compliance by the contractor with sub- ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) Courts may determine, for good cause shown section (a)(1)(B). and subsections (a) through (c) shall take ef- and stated together with the regulation, that ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION fect on the date on which section 9202 of title a modification of such regulations would be ON CRIMINAL HISTORY INQUIRIES.— 5, United States Code, applies with respect to more effective for the implementation of the ‘‘(1) FIRST VIOLATION.—If the head of an ex- agencies.’’. rights and protections under this subsection. ecutive agency determines that a contractor (B) CLERICAL AMENDMENTS.— ‘‘(6) EFFECTIVE DATE.—Paragraphs (1) has violated subsection (a)(1)(B), such head (i) The table of contents in section 1(b) of through (4) shall take effect on the date on shall— the Congressional Accountability Act of 1995 which section 9202 of title 5 applies with re- ‘‘(A) notify the contractor; (Public Law 104–1; 109 Stat. 3) is amended— spect to agencies.’’. ‘‘(B) provide 30 days after such notification (I) by redesignating the item relating to (c) PROHIBITION ON CRIMINAL HISTORY IN- for the contractor to appeal the determina- section 207 as the item relating to section QUIRIES BY CONTRACTORS PRIOR TO CONDI- tion; and 208; and TIONAL OFFER.— ‘‘(C) issue a written warning to the con- (II) by inserting after the item relating to (1) CIVILIAN AGENCY CONTRACTS.— tractor that includes a description of the section 206 the following new item: (A) IN GENERAL.—Chapter 47 of title 41, violation and the additional remedies that ‘‘Sec. 207. Rights and protections relating to United States Code, is amended by adding at may apply for subsequent violations. criminal history inquiries.’’. the end the following new section: ‘‘(2) SUBSEQUENT VIOLATION.—If the head of (ii) Section 62(e)(2) of the Internal Revenue ‘‘§ 4713. Prohibition on criminal history in- an executive agency determines that a con- Code of 1986 is amended by striking ‘‘207’’ quiries by contractors prior to conditional tractor that was subject to paragraph (1) has and inserting ‘‘208’’. offer committed a subsequent violation of sub- (5) APPLICATION TO JUDICIAL BRANCH.— ‘‘(a) LIMITATION ON CRIMINAL HISTORY IN- section (a)(1)(B), such head shall notify the (A) IN GENERAL.—Section 604 of title 28, QUIRIES.— contractor, shall provide 30 days after such United States Code, is amended by adding at ‘‘(1) IN GENERAL.—Except as provided in notification for the contractor to appeal the the end the following: paragraphs (2) and (3), an executive agency— determination, and, in consultation with the ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY IN- ‘‘(A) may not require that an individual or relevant Federal agencies, may take actions, QUIRIES.— sole proprietor who submits a bid for a con- depending on the severity of the infraction ‘‘(1) DEFINITIONS.—In this subsection— tract to disclose criminal history record in- and the contractor’s history of violations, ‘‘(A) the terms ‘agency’ and ‘criminal his- formation regarding that individual or sole including— tory record information’ have the meanings proprietor before determining the apparent ‘‘(A) providing written guidance to the given those terms in section 9201 of title 5; awardee; and contractor that the contractor’s eligibility ‘‘(B) the term ‘covered employee’ means an ‘‘(B) shall require, as a condition of receiv- for contracts requires compliance with this employee of the judicial branch of the ing a Federal contract and receiving pay- section; United States Government, other than— ments under such contract that the con- ‘‘(B) requiring that the contractor respond ‘‘(i) any judge or justice who is entitled to tractor may not verbally, or through written within 30 days affirming that the contractor hold office during good behavior; form, request the disclosure of criminal his- is taking steps to comply with this section; ‘‘(ii) a United States magistrate judge; or tory record information regarding an appli- and ‘‘(iii) a bankruptcy judge; and cant for a position related to work under ‘‘(C) suspending payment under the con- ‘‘(C) the term ‘employing office’ means any such contract before the contractor extends tract for which the applicant was being con- office or entity of the judicial branch of the a conditional offer to the applicant. sidered until the contractor demonstrates United States Government that employs cov- ‘‘(2) OTHERWISE REQUIRED BY LAW.—The compliance with this section. ered employees. prohibition under paragraph (1) does not ‘‘(d) DEFINITIONS.—In this section:

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‘‘(1) CONDITIONAL OFFER.—The term ‘condi- U.S.C. 2000e et seq.) or other relevant Fed- quisition Regulatory Council shall revise the tional offer’ means an offer of employment eral civil rights laws; and Federal Acquisition Regulation under sub- for a position related to work under a con- ‘‘(II) ensure that all hiring activities con- paragraph (A) to be consistent with the regu- tract that is conditioned upon the results of ducted pursuant to the regulations are con- lations issued by the Director of the Office of a criminal history inquiry. ducted in a manner consistent with relevant Personnel Management under subsection ‘‘(2) CRIMINAL HISTORY RECORD INFORMA- Federal civil rights laws. (b)(2)(A) to the maximum extent practicable. TION.—The term ‘criminal history record in- ‘‘(b) COMPLAINT PROCEDURES.—The Sec- The Council shall include together with such formation’ has the meaning given that term retary of Defense shall establish and publish revision an explanation of any substantive in section 9201 of title 5.’’. procedures under which an applicant for a modification of the Office of Personnel Man- (B) CLERICAL AMENDMENT.—The table of position with a Department of Defense con- agement regulations, including an expla- sections for chapter 47 of title 41, United tractor may submit a complaint, or any nation of how such modification will more States Code, is amended by inserting after other information, relating to compliance by effectively implement the rights and protec- the item relating to section 4712 the fol- the contractor with subsection (a)(1)(B). tions under this section. lowing new item: ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION (d) REPORT ON EMPLOYMENT OF INDIVIDUALS ON CRIMINAL HISTORY INQUIRIES.— FORMERLY INCARCERATED IN FEDERAL PRIS- ‘‘4713. Prohibition on criminal history in- ‘‘(1) FIRST VIOLATION.—If the Secretary of ONS.— quiries by contractors prior to Defense determines that a contractor has (1) DEFINITION.—In this subsection, the conditional offer.’’. violated subsection (a)(1)(B), the Secretary term ‘‘covered individual’’— (C) EFFECTIVE DATE.—Section 4713 of title shall— (A) means an individual who has completed 41, United States Code, as added by subpara- ‘‘(A) notify the contractor; a term of imprisonment in a Federal prison graph (A), shall apply with respect to con- ‘‘(B) provide 30 days after such notification for a Federal criminal offense; and tracts awarded pursuant to solicitations for the contractor to appeal the determina- (B) does not include an alien who is or will issued after the effective date described in tion; and be removed from the United States for a vio- subsection (b)(2)(B) of this section. ‘‘(C) issue a written warning to the con- lation of the immigration laws (as such term (2) DEFENSE CONTRACTS.— tractor that includes a description of the is defined in section 101 of the Immigration (A) IN GENERAL.—Chapter 137 of title 10, violation and the additional remedies that and Nationality Act (8 U.S.C. 1101)). United States Code, is amended by inserting may apply for subsequent violations. (2) STUDY AND REPORT REQUIRED.—The Di- after section 2338 the following new section: ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Sec- rector of the Bureau of Justice Statistics, in ‘‘§ 2339. Prohibition on criminal history in- retary of Defense determines that a con- coordination with the Director of the Bureau quiries by contractors prior to conditional tractor that was subject to paragraph (1) has of the Census, shall— offer committed a subsequent violation of sub- (A) not later than 180 days after the date of section (a)(1)(B), the Secretary shall notify enactment of this Act, design and initiate a ‘‘(a) LIMITATION ON CRIMINAL HISTORY IN- the contractor, shall provide 30 days after study on the employment of covered individ- QUIRIES.— such notification for the contractor to ap- uals after their release from Federal prison, ‘‘(1) IN GENERAL.—Except as provided in including by collecting— paragraphs (2) and (3), the head of an agen- peal the determination, and, in consultation (i) demographic data on covered individ- cy— with the relevant Federal agencies, may uals, including race, age, and sex; and ‘‘(A) may not require that an individual or take actions, depending on the severity of (ii) data on employment and earnings of sole proprietor who submits a bid for a con- the infraction and the contractor’s history of covered individuals who are denied employ- tract to disclose criminal history record in- violations, including— ment, including the reasons for the denials; formation regarding that individual or sole ‘‘(A) providing written guidance to the and proprietor before determining the apparent contractor that the contractor’s eligibility (B) not later than 2 years after the date of awardee; and for contracts requires compliance with this enactment of this Act, and every 5 years ‘‘(B) shall require as a condition of receiv- section; thereafter, submit a report that does not ining a Federal contract and receiving pay- ‘‘(B) requiring that the contractor respond clude any personally identifiable informa- ments under such contract that the con- within 30 days affirming that the contractor tion on the study conducted under subpara- tractor may not verbally or through written is taking steps to comply with this section; graph (A) to— form request the disclosure of criminal his- and (i) the Committee on Homeland Security tory record information regarding an appli- ‘‘(C) suspending payment under the con- and Governmental Affairs of the Senate; cant for a position related to work under tract for which the applicant was being con- (ii) the Committee on Health, Education, such contract before such contractor extends sidered until the contractor demonstrates Labor, and Pensions of the Senate; a conditional offer to the applicant. compliance with this section. ‘‘(d) DEFINITIONS.—In this section: (iii) the Committee on Oversight and Gov- ‘‘(2) OTHERWISE REQUIRED BY LAW.—The ONDITIONAL OFFER.—The term ‘condi- ernment Reform of the House of Representa- prohibition under paragraph (1) does not ‘‘(1) C tional offer’ means an offer of employment tives; and apply with respect to a contract if consider- for a position related to work under a con- (iv) the Committee on Education and the ation of criminal history record information tract that is conditioned upon the results of Workforce of the House of Representatives. prior to a conditional offer with respect to a criminal history inquiry. the position is otherwise required by law. ‘‘(2) CRIMINAL HISTORY RECORD INFORMA- SA 4153. Mr. CRAPO (for Mr. JONES) ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— TION.—The term ‘criminal history record in- proposed an amendment to the bill S. ‘‘(A) IN GENERAL.—The prohibition under 3191, to provide for the expeditious dis- paragraph (1) does not apply with respect formation’ has the meaning given that term to— in section 9201 of title 5.’’. closure of records related to civil FFECTIVE DATE.—Section 2339(a) of ‘‘(i) a contract that requires an individual (B) E rights cold cases, and for other pur- title 10, United States Code, as added by sub- hired under the contract to access classified poses; as follows: paragraph (A), shall apply with respect to information or to have sensitive law enforce- Strike all after the enacting clause and in- contracts awarded pursuant to solicitations ment or national security duties; or sert the following: issued after the effective date described in ‘‘(ii) a position that the Secretary of De- SECTION 1. SHORT TITLE. subsection (b)(2)(B) of this section. fense identifies under the regulations issued This Act may be cited as the ‘‘Civil Rights (C) CLERICAL AMENDMENT.—The table of under subparagraph (B). Cold Case Records Collection Act of 2018’’. sections for chapter 137 of title 10, United ‘‘(B) REGULATIONS.— SEC. 2. DEFINITIONS. States Code, is amended by inserting after ‘‘(i) ISSUANCE.—Not later than 16 months In this Act: the item relating to section 2338 the fol- after the date of enactment of the Fair (1) ARCHIVIST.—The term ‘‘Archivist’’ Chance to Compete for Jobs Act of 2018, the lowing new item: means the Archivist of the United States. Secretary of Defense, in consultation with ‘‘2339. Prohibition on criminal history in- (2) CIVIL RIGHTS COLD CASE.—The term the Administrator of General Services, shall quiries by contractors prior to ‘‘civil rights cold case’’ means any unsolved issue regulations identifying additional posi- conditional offer.’’. case— tions with respect to which the prohibition (3) REVISIONS TO FEDERAL ACQUISITION REG- (A) arising out of events which occurred under paragraph (1) shall not apply, giving ULATION.— during the period beginning on January 1, due consideration to positions that involve (A) IN GENERAL.—Not later than 18 months 1940 and ending on December 31, 1979; and interaction with minors, access to sensitive after the date of enactment of this Act, the (B) related to— information, or managing financial trans- Federal Acquisition Regulatory Council (i) section 241 of title 18, United States actions. shall revise the Federal Acquisition Regula- Code (relating to conspiracy against rights); ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS LAWS.— tion to implement section 4713 of title 41, (ii) section 242 of title 18, United States The regulations issued under clause (i) United States Code, and section 2339 of title Code (relating to deprivation of rights under shall— 10, United States Code, as added by this sub- color of law); ‘‘(I) be consistent with, and in no way su- section. (iii) section 245 of title 18, United States persede, restrict, or limit the application of (B) CONSISTENCY WITH OFFICE OF PERSONNEL Code (relating to federally protected activi- title VII of the Civil Rights Act of 1964 (42 MANAGEMENT REGULATIONS.—The Federal Ac- ties);

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.040 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7723 (iv) sections 1581 and 1584 of title 18, United than 60 days after the date of enactment of chivist a certification that the Attorney States Code (relating to peonage and invol- this Act, the Archivist shall— General intends to reopen and pursue pros- untary servitude); (A) commence establishing a collection of ecution of the civil rights cold case to which (v) section 901 of the Fair Housing Act (42 civil rights cold case records to be known as a civil rights cold case record relates, the At- U.S.C. 3631); or the ‘‘Civil Rights Cold Case Records Collec- torney General shall transmit to the Archi- (vi) any other Federal law that was— tion’’ that ensures the physical integrity and vist the civil rights cold case record in ac- (I) in effect on or before December 31, 1979; original provenance of all records in the Col- cordance with paragraph (1)— and lection; (A) not later than 90 days after— (II) enforced by the criminal section of the (B) commence preparing and publishing (i) final judgment is entered in the pro- Civil Rights Division of the Department of the subject guidebook and index to the Col- ceedings relating to the civil rights cold Justice before the date of enactment of this lection; and case; or Act. (C) establish criteria for Government of- (ii) proceedings relating to the civil rights (3) CIVIL RIGHTS COLD CASE RECORD.—The fices to follow when transmitting copies of cold case are dismissed with prejudice; or term ‘‘civil rights cold case record’’ means a civil rights cold case records to the Archi- (B) not later than the date that is 1 year record that— vist, to include required metadata. after the date on which the Attorney Gen- (A) is related to a civil rights cold case; (2) CONTENTS OF COLLECTION.—The Collec- eral submits to the Archivist the certifi- and tion shall include— cation, if an indictment or information has (B) was created or made available for use (A) a copy of each civil rights cold case not been filed with respect to the civil rights by, obtained by, or otherwise came into the record— cold case. (i) that has not been transmitted to the Ar- possession of— (f) PERIODIC REVIEW OF POSTPONED CIVIL chivist, which shall be transmitted to the (i) the Library of Congress; RIGHTS COLD CASE RECORDS.— Archivist in accordance with section 2107 of (ii) the National Archives; (1) IN GENERAL.—Each civil rights cold case (iii) any executive agency; title 44, United States Code, by the entity record that is redacted or for which public (iv) any independent agency; described in section 2(3)(B) in possession of disclosure is postponed shall be reviewed not (v) any other entity of the Federal Govern- the civil rights cold case record, except in later than December 31 each year by the en- ment; or the case of a State or local government; tity submitting the record and the Archivist, (vi) any State or local government, or com- (ii) that has been transmitted to the Archi- consistent with the recommendations of the ponent thereof, that provided support or as- vist or disclosed to the public in an Review Board under section 7(c)(3)(B). unredacted form before the date of the enact- sistance or performed work in connection (2) REQUIREMENTS OF PERIODIC REVIEW.— with a Federal inquiry into a civil rights ment of this Act; The periodic review under paragraph (1) shall cold case. (iii) that is required to be transmitted to address the public disclosure of additional (4) COLLECTION.—The term ‘‘Collection’’ the Archivist; or civil rights cold case records in the Collec- means the Civil Rights Cold Case Records (iv) the disclosure of which is postponed tion under the standards of this Act. under this Act; and Collection established under section 3. (3) UNCLASSIFIED WRITTEN DESCRIPTION.— (5) EXECUTIVE AGENCY.—The term ‘‘execu- (B) all Review Board records, as required Any civil rights cold case record for which tive agency’’ means an agency, as defined in under this Act. postponement of public disclosure is contin- (b) DISCLOSURE OF RECORDS.—All civil section 552(f) of title 5, United States Code. ued shall include an unclassified written de- (6) GOVERNMENT OFFICE.—The term ‘‘Gov- rights cold case records transmitted to the Archivist for disclosure to the public— scription of the reason for such continued ernment office’’ means any office of the Fed- postponement, which shall be provided to the eral Government that has possession or con- (1) shall be included in the Collection; (2) not later than 60 days after the trans- Archivist and made available on a publicly trol of 1 or more civil rights cold case accessible website upon the determination to records. mission of the record to the Archivist, shall be available to the public for inspection and continue the postponement. (7) GOVERNMENT OFFICIAL.—The term ‘‘Gov- (4) FULL DISCLOSURE OF CIVIL RIGHTS COLD ernment official’’ means any officer or em- copying at the National Archives; and (3) shall be prioritized for digitization by CASE RECORD REQUIRED.— ployee of the United States, including elect- (A) IN GENERAL.—Each civil rights cold ed and appointed officials. the National Archives. (c) FEES FOR COPYING.—The Archivist case record that is not publicly disclosed in (8) NATIONAL ARCHIVES.—The term ‘‘Na- shall— full as of the date on which the Review tional Archives’’ means the National Ar- (1) use efficient electronic means when pos- Board terminates under section 5(n) shall be chives and Records Administration and all sible; publicly disclosed in full and available in the components thereof, including Presidential (2) charge fees for copying civil rights cold Collection not later than 25 years after the archival depositories established under sec- case records; and date of enactment of this Act unless— tion 2112 of title 44, United States Code. (3) grant waivers of such fees pursuant to (i) the head of the originating body, an ex- (9) OFFICIAL INVESTIGATION.—The term ‘‘of- the standard established under section ecutive agency, or other Government office ficial investigation’’ means the review of a 552(a)(4) of title 5, United States Code. recommends in writing the exemption of the civil rights cold case conducted by any enti- (d) ADDITIONAL REQUIREMENTS.—The Archi- record or information, the release of which ty of the Federal Government either inde- vist shall ensure the security of civil rights would clearly and demonstrably be expected pendently, at the request of any Presidential cold case records in the Collection for which to— commission or congressional committee, or disclosure is postponed. (I) cause identifiable or describable damage at the request of any Government official. (e) TRANSMISSION TO THE NATIONAL AR- to national security, military defense, law (10) ORIGINATING BODY.—The term ‘‘origi- CHIVES.— enforcement, intelligence operations, or the nating body’’ means the executive agency, (1) IN GENERAL.—Subject to paragraph (2), conduct of foreign relations that is of such Government commission, congressional com- each Government office shall, in accordance gravity that it outweighs the public interest mittee, or other Governmental entity that with the criteria established by the Archi- in disclosure; or created a record or particular information vist under subsection (a)(1)(C)— (II) reveal information described in para- within a record. (A) as soon as is reasonably practicable, graphs (1) through (9) of section 3.3(b) of Ex- (11) PUBLIC INTEREST.—The term ‘‘public and in any event not later than 2 years after ecutive Order 13526 (75 Fed. Reg. 707; relating interest’’ means the compelling interest in the date of the enactment of this Act, trans- to classified national security information); the prompt public disclosure of civil rights mit to the Archivist, for the Archivist to (ii) the written recommendation described cold case records for historical and Govern- make available to the public in accordance in clause (i)— mental purposes and for the purpose of fully with subsection (b), a copy of each civil (I) is provided to the Archivist not later informing the people of the United States rights cold case record that can be publicly than 180 days before the date that is 25 years about the history surrounding all civil rights disclosed, including any such record that is after the date of enactment of this Act; and cold cases in the United States. publicly available on the date of enactment (II) includes— (12) RECORD.—The term ‘‘record’’ has the of this Act, without any redaction, adjust- (aa) a justification of the recommendation meaning given the term in section 3301 of ment, or withholding under the standards of to postpone disclosure; and title 44, United States Code. this Act; and (bb) a recommended specified time at (13) REVIEW BOARD.—The term ‘‘Review (B) transmit to the Archivist upon ap- which or a specified occurrence following Board’’ means the Civil Rights Cold Case proval for postponement by the Review which the material may be appropriately Records Review Board established under sec- Board or upon completion of other action au- disclosed to the public under this Act; and tion 5. thorized by this Act, a copy of each civil (iii) the Archivist agrees with the written SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COL- rights cold case record for which public dis- recommendation described in clause (i). LECTION AT THE NATIONAL AR- closure has been postponed, in whole or in (B) NOTIFICATION.—If the Archivist does CHIVES AND RECORD ADMINISTRA- part, under the standards of this Act, to be- not agree with the recommendation de- TION. come part of the protected Collection. scribed in subparagraph (A)(i), the Archivist (a) IN GENERAL.— (2) REOPENING OF CASES.—If, not later than shall notify the head of the originating body, (1) ESTABLISHMENT OF THE CIVIL RIGHTS 2 years after the date of enactment of this executive agency, or other Government of- COLD CASE RECORDS COLLECTION.—Not later Act, the Attorney General submits to the Ar- fice making the recommendation not later

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than 90 days before the date that is 25 years (C) EXTENSION.—If an organization de- (g) COMPENSATION OF MEMBERS.— after the date of enactment of this Act. scribed in subparagraph (B) does not rec- (1) IN GENERAL.—A member of the Review (g) DIGITIZATION OF RECORDS.—Each execu- ommend at least 2 nominees meeting the Board shall be compensated at a rate equal tive agency shall make text searchable docu- qualifications stated in paragraph (3) within to the daily equivalent of the annual rate of ments available to the Review Board pursu- 60 days after the date of enactment of this basic pay prescribed for level IV of the Exec- ant to standards established under section Act, the deadline under subparagraph (A) utive Schedule under section 5315 of title 5, 552(a)(3) of title 5, United States Code. shall be extended until the earlier of 60 days United States Code, for each day (including (h) NOTICE REGARDING PUBLIC DISCLO- after the date on which such recommenda- travel time) during which the member is en- SURE.— tions are made or 120 days after the date of gaged in the performance of the duties of the (1) FINDING.—Congress finds that the public enactment of this Act. Review Board. release of case-related documents and infor- (D) ADDITIONAL RECOMMENDATIONS.—The (2) TRAVEL EXPENSES.—A member of the mation without notice may significantly af- President may request that any organization Review Board shall be allowed reasonable fect the victims of the events to which the described in subparagraph (B) submit addi- travel expenses, including per diem in lieu of case relates and their next of kin. tional recommended nominees. subsistence, at rates for employees of agen- (2) NOTICE.—Not later than 7 days before a (3) QUALIFICATIONS.—Individuals nomi- cies under subchapter I of chapter 57 of title civil rights cold case record is publicly dis- nated to the Review Board shall— 5, United States Code, while away from the closed, the executive agency releasing the (A) not have had any previous involvement member’s home or regular place of business civil rights cold case record, in coordination with any official investigation or inquiry in the performance of services for the Review with the Government office that had posses- conducted by the Federal Government, or Board. sion or control of the civil rights cold case any State or local government, relating to (h) DUTIES OF THE REVIEW BOARD.— record, shall take all reasonable efforts to any civil rights cold case; (1) IN GENERAL.—The Review Board shall provide the civil rights cold case record to (B) be distinguished individuals of high na- the victims of the events to which the civil consider and render decisions on a deter- tional professional reputation in their re- mination by a Government office to seek to rights cold case record relates, or their next spective fields who are capable of exercising of kin. postpone the disclosure of civil rights cold the independent and objective judgment nec- case records. SEC. 4. GROUNDS FOR POSTPONEMENT OF PUB- essary to fulfill their role in ensuring and fa- LIC DISCLOSURE OF RECORDS. (2) DECISIONS.—In carrying out paragraph cilitating the review, transmission to the Disclosure of civil rights cold case records (1), the Review Board shall consider and public, and public disclosure of files related or particular information within a civil render decisions on— rights cold case record to the public may be to civil rights cold cases and who possess an (A) whether a record constitutes a civil postponed subject to the limitations of this appreciation of the value of such material to rights cold case record; and Act if disclosure would clearly and demon- the public, scholars, and government; and (B) whether a civil rights cold case record strably be expected to— (C) include at least 1 professional historian or particular information in a record quali- (1)(A) cause identifiable or describable and 1 attorney. fies for postponement of disclosure under (c) SECURITY CLEARANCES.—All Review damage to national security, military de- this Act. Board nominees shall be processed for the fense, law enforcement, intelligence oper- necessary security clearances in an acceler- (i) POWERS.— ations, or the conduct of foreign relations ated manner by the appropriate Federal (1) IN GENERAL.—The Review Board shall that is of such gravity that it outweighs the agencies and subject to the standard proce- have the authority to act in a manner pre- public interest in disclosure; or dures for granting such clearances. scribed under this Act including the author- (B) reveal information described in para- (d) VACANCY.—A vacancy on the Review ity to— graphs (1) through (9) of section 3.3(b) of Ex- Board shall be filled in the same manner as (A) obtain access to civil rights cold case ecutive Order 13526 (75 Fed. Reg. 707; relating the original appointment within 60 days of records that have been identified and orga- to classified national security information); the occurrence of the vacancy. nized by a Government office; (2)(A) reveal the name or identity of a liv- (e) CHAIRPERSON.—The members of the Re- (B) direct a Government office to make ing individual who provided confidential in- view Board shall elect 1 of the members as available to the Review Board, and if nec- formation to the United States; and chairperson. essary investigate the facts surrounding, ad- (B) pose a substantial risk of harm to that (f) REMOVAL OF REVIEW BOARD MEMBER.— ditional information, records, or testimony individual; (1) IN GENERAL.—No member of the Review from individuals, which the Review Board (3) constitute an unwarranted invasion of Board shall be removed from office, other personal privacy; has reason to believe is required to fulfill its than— functions and responsibilities under this Act; (4)(A) compromise the existence of an un- (A) by impeachment and conviction; or derstanding of confidentiality currently re- (C) subpoena private persons to compel the (B) by the action of the President for inef- production of documents and other records quiring protection between a Government ficiency, neglect of duty, malfeasance in of- agent and a cooperating individual or group; relevant to its responsibilities under this fice, physical disability, mental incapacity, Act; and or any other condition that substantially (B) be so harmful that the understanding (D) require any Government office to ac- impairs the performance of the member’s du- count in writing for the destruction of any of confidentiality outweighs the public inter- ties. est; records relating to civil rights cold cases; (2) REPORT.— (E) receive information from the public re- (5) endanger the life or physical safety of (A) IN GENERAL.—If a member of the Re- any individual; or garding the identification and public disclo- view Board is removed from office, and that sure of civil rights cold case records; and (6) interfere with ongoing law enforcement removal is by the President, not later than proceedings. (F) hold hearings, administer oaths, and 10 days after the removal, the President subpoena documents and other records. SEC. 5. ESTABLISHMENT AND POWERS OF THE shall submit to the Committee on Oversight (2) ENFORCEMENT OF SUBPOENAS.—Any sub- CIVIL RIGHTS COLD CASE RECORDS and Government Reform of the House of Rep- REVIEW BOARD. poena issued under this subsection may be resentatives and the Committee on Home- (a) ESTABLISHMENT.—There is established, enforced by any appropriate Federal court as an independent agency, a board to be land Security and Governmental Affairs of acting pursuant to a lawful request of the known as the Civil Rights Cold Case Records the Senate a report specifying the facts Review Board. found and the grounds for the removal. Review Board. (j) WITNESS IMMUNITY.—The Review Board (b) APPOINTMENT.— (B) PUBLICATION.—The President shall pub- shall be considered to be an agency of the (1) IN GENERAL.—The President shall ap- lish in the Federal Register a report sub- United States for purposes of chapter 601 of point, by and with the advice and consent of mitted under subparagraph (A), except that title 18, United States Code. the Senate, 5 individuals to serve as mem- the President may, if necessary to protect bers of the Review Board, to ensure and fa- the rights of a person named in the report or (k) OVERSIGHT.— cilitate the review, transmission to the Ar- to prevent undue interference with any pend- (1) IN GENERAL.—The Committee on Over- chivist, and public disclosure of civil rights ing prosecution, postpone or refrain from sight and Government Reform of the House cold case records. publishing any or all of the report until the of Representatives and the Committee on (2) INITIAL APPOINTMENT.— completion of such pending cases or pursu- Homeland Security and Governmental Af- (A) IN GENERAL.—Initial appointments to ant to privacy protection requirements in fairs of the Senate shall have continuing the Review Board shall, so far as practicable, law. oversight jurisdiction with respect to the of- be made not later than 60 days after the date (3) JUDICIAL REVIEW.— ficial conduct of the Review Board and the of enactment of this Act. (A) IN GENERAL.—A member of the Review disposition of postponed records after termi- (B) RECOMMENDATIONS.—In making ap- Board removed from office may obtain judi- nation of the Review Board, and shall have pointments to the Review Board, the Presi- cial review of the removal in a civil action access to any records held or created by the dent may consider any individuals rec- commenced in the United States District Review Board. ommended by the American Historical Asso- Court for the District of Columbia. (2) COOPERATION OF REVIEW BOARD.—The ciation, the Organization of American Histo- (B) RELIEF.—The member may be rein- Review Board shall have a duty to cooperate rians, the Society of American Archivists, stated or granted other appropriate relief by with the exercise of the oversight jurisdic- and the American Bar Association. order of the court. tion described in paragraph (1).

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(l) SUPPORT SERVICES.—The Administrator the competitive service under subchapter I disclosure shall be made by the originating of General Services shall provide administra- of chapter 33 of title 5, United States Code, body: tive services for the Review Board on a reim- appoint and terminate additional employees (i) Any reasonably segregable particular bursable basis. as are necessary to enable the Review Board information in a civil rights cold case (m) INTERPRETIVE REGULATIONS.—The Re- and its Chief of Staff to perform their duties. record. view Board may issue interpretive regula- (2) REQUIREMENTS.—An individual ap- (ii) A substitute record for that informa- tions. pointed as an employee of the Review tion which is postponed. (n) TERMINATION.— Board— (iii) A summary of a civil rights cold case (1) IN GENERAL.—The Review Board shall (A) shall be a private citizen of integrity record. terminate not later than 4 years after the and impartiality; and (3) REPORT.—With respect to each civil date of enactment of this Act, except that (B) shall have had no previous involvement rights cold case record or particular infor- the Review Board may, by majority vote, ex- with any official investigation or inquiry re- mation in civil rights cold case records the tend its term for an additional 1-year period lating to civil rights cold cases. public disclosure of which is postponed under if the Review Board has not completed its (3) NOMINATIONS.—Before making an ap- section 4, or for which only substitutions or work within that 4-year period. pointment pursuant to paragraph (1), the Re- summaries have been disclosed to the public, (2) REPORTS.—Before its termination, the view Board shall consider individuals rec- the Review Board shall create and transmit Review Board shall submit reports to the ommended by the American Historical Asso- to the Archivist a report containing— President and the Congress, including a com- ciation, the Organization of American Histo- (A) a description of actions by the Review plete and accurate accounting of expendi- rians, the Society of American Archivists, Board, the originating body, the President, tures during its existence, and shall com- and the American Bar Association. or any Government office (including a jus- plete all other reporting requirements under (4) SECURITY CLEARANCES.—A candidate tification of any such action to postpone dis- this Act. shall qualify for the necessary security closure of any record or part of any record) (3) TRANSFER OF RECORDS.— clearance prior to being appointed by the Re- and of any official proceedings conducted by (A) IN GENERAL.—Upon termination, the view Board. the Review Board with regard to specific Review Board shall transfer all of its records (c) COMPENSATION.—The Review Board civil rights cold case records; and to the Archivist for inclusion in the Collec- shall fix the compensation of the Chief of (B) a statement, based on a review of the tion. Staff and other employees in accordance proceedings and in conformity with the deci- (B) PRESERVATION OF RECORDS.—The with title 5, United States Code, except that sions reflected therein, designating a rec- records of the Review Board shall not be de- the rate of pay for the Chief of Staff and ommended specified time at which or a spec- stroyed, except that the Archivist may de- other employees may not exceed the rate ified occurrence following which the mate- stroy routine administrative records covered payable for level V of the Executive Sched- rial may be appropriately disclosed to the by a general records schedule following noti- ule under section 5316 of that title. public under this Act. (4) NOTICE.—Not later than 14 days after fication in the Federal Register and after (d) ADVISORY COMMITTEES.—The Review the Review Board makes a determination considering comments. Board may create advisory committees to that a civil rights cold case record shall be assist in fulfilling the responsibilities of the SEC. 6. REVIEW BOARD PERSONNEL. publicly disclosed in the Collection or post- Review Board under this Act. (a) CHIEF OF STAFF.— poned for disclosure and held in the pro- (1) APPOINTMENT.—Not later than 45 days SEC. 7. REVIEW OF RECORDS BY THE REVIEW tected Collection, the Review Board shall no- after the initial meeting of the Review BOARD. tify the head of the originating body of its Board, and without regard to political affili- (a) CUSTODY OF RECORDS REVIEWED BY THE determination and publish a copy of the de- ation, the Review Board shall appoint an in- BOARD.—Pending the outcome of the Review termination in the Federal Register. dividual to the position of Chief of Staff of Board’s review activity, a Government office (5) OTHER NOTICE.—Contemporaneous no- the Review Board. shall retain custody of a civil rights cold tice shall be made to the President of Review (2) REQUIREMENTS.—The individual ap- case record for purposes of preservation, se- Board determinations regarding executive pointed as Chief of Staff— curity, and efficiency, unless— branch civil rights cold case records, and to (A) shall be a citizen of the United States (1) the Review Board requires the physical the oversight committees designated in this of integrity and impartiality who is a distin- transfer of records for reasons of conducting Act in the case of legislative branch records. guished professional; and an independent and impartial review; or Such notice shall contain an unclassified (B) shall have had no previous involvement (2) such transfer is necessary for an admin- written justification for public disclosure or with any official investigation or inquiry re- istrative hearing or other official Review postponement of disclosure, including an ex- lating to civil rights cold cases. Board function. planation of the application of any standards (3) CANDIDATE TO HAVE CLEARANCES.—A (b) STARTUP REQUIREMENTS.—The Review under section 4. candidate for Chief of Staff shall be granted Board shall— (d) PRESIDENTIAL AUTHORITY OVER REVIEW the necessary security clearances in an ac- (1) not later than 90 days after the date on BOARD DETERMINATION.— celerated manner subject to the standard which all members of the Review Board are (1) PUBLIC DISCLOSURE OR POSTPONEMENT OF procedures for granting such clearances. appointed, publish a schedule for review of DISCLOSURE.—After the Review Board has (4) APPROVAL CONTINGENT ON PRIOR CLEAR- all civil rights cold case records in the Fed- made a formal determination concerning the ANCE.—A candidate for Chief of Staff shall eral Register; and public disclosure or postponement of disclo- qualify for the necessary security clearance (2) not later than 180 days after the enact- sure of an executive branch civil rights cold prior to being appointed by the Review ment of this Act, begin its review of civil case record or information contained in a Board. rights cold case records under this Act. civil rights cold case record, obtained or de- (5) DUTIES.—The Chief of Staff shall— (c) DETERMINATION OF THE REVIEW BOARD.— veloped solely within the executive branch, (A) serve as principal liaison to Govern- (1) IN GENERAL.—The Review Board shall the President shall have the sole and non- ment offices; direct that copies of all civil rights cold case delegable authority to require the disclosure (B) be responsible for the administration records be transmitted to the Archivist and or postponement of such record or informa- and coordination of the Review Board’s re- disclosed to the public in the Collection in tion under the standards set forth in section view of records; the absence of clear and convincing evidence 4, and the President shall provide the Review (C) be responsible for the administration of that— Board with an unclassified written certifi- all official activities conducted by the Re- (A) a Government record is not a civil cation specifying the President’s decision view Board; and rights cold case record; or within 30 days after the Review Board’s de- (D) have no authority to decide or deter- (B) a Government record or particular in- termination and notice to the executive mine whether any record shall be disclosed formation within a civil rights cold case agency as required under this Act, stating to the public or postponed for disclosure. record qualifies for postponement of public the justification for the President’s decision, (6) REMOVAL.—The Chief of Staff shall not disclosure under this Act, which shall in- including the applicable grounds for post- be removed except upon a majority vote of clude consideration by the Review Board of ponement under section 4. the Review Board to remove the Chief of relevant laws and policies protecting crimi- (2) PERIODIC REVIEW.—Any executive Staff for cause on the grounds of ineffi- nal records of juveniles. branch civil rights cold case record for which ciency, neglect of duty, malfeasance in of- (2) POSTPONEMENT.—In approving postpone- public disclosure is postponed by the Presi- fice, physical disability, mental incapacity, ment of public disclosure of a civil rights dent shall be subject to the requirements of or any other condition that substantially cold case record, the Review Board shall periodic review and declassification of classi- impairs the performance of the responsibil- work to— fied information and public disclosure in the ities of the Chief of Staff or the employees of (A) provide for the disclosure of segregable Collection set forth in section 3. the Review Board. parts, substitutes, or summaries of such a (3) RECORD OF PRESIDENTIAL POSTPONE- (b) STAFF.— record; and MENT.—The Review Board shall, upon its re- (1) ADDITIONAL PERSONNEL.—The Review (B) determine, in consultation with the ceipt, publish in the Federal Register a copy Board may, in accordance with the civil originating body and consistent with the of any unclassified written certification, service laws but without regard to civil serv- standards for postponement under this Act, statement, or other materials transmitted ice laws and regulations for appointments in which of the following alternative forms of by or on behalf of the President with regard

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Management Agency; that is on or after the date that is 60 days (3) DEADLINE.— (2) the term ‘‘Commission’’ means the Fed- after the Review Board first approves the (A) IN GENERAL.—The Attorney General eral Communications Commission; postponement of disclosure of a civil rights shall respond to any request that is subject (3) the term ‘‘Emergency Alert System’’ cold case record, the Review Board shall pub- to this subsection within 45 days. means the national public warning system, lish on a publicly available website a notice (B) NONDISCLOSURE OF GRAND JURY INFOR- the rules for which are set forth in part 11 of that summarizes the postponements ap- MATION.—If the Attorney General determines title 47, Code of Federal Regulations (or any proved by the Review Board or initiated by that information relevant to a civil rights successor regulation); and the President, including a description of the cold case that is held under the injunction of (4) the term ‘‘Wireless Emergency Alert subject, originating body, length or other secrecy of a grand jury should not be made System’’ means the wireless national public physical description, and each ground for public, the Attorney General shall set forth warning system established under the Warn- postponement that is relied upon. in the response to the request the reasons for ing, Alert, and Response Network Act (47 (f) REPORTS BY THE REVIEW BOARD.— the determination. U.S.C. 1201 et seq.), the rules for which are (1) IN GENERAL.—The Review Board shall (b) COOPERATION WITH AGENCIES.—It is the set forth in part 10 of title 47, Code of Fed- report its activities to the Speaker of the sense of Congress that— eral Regulations (or any successor regula- House of Representatives, the Minority (1) the Attorney General should assist the tion). Leader of the House of Representatives, the Review Board in good faith to unseal any SEC. 3. WIRELESS EMERGENCY ALERT SYSTEM Committee on Oversight and Government records that the Review Board determines to OFFERINGS. Reform of the House of Representatives, the be relevant and held under the seal by a (a) AMENDMENT.—Section 602(b)(2)(E) of the Majority Leader of the Senate, the Minority court or under the injunction of secrecy of a Warning, Alert, and Response Network Act Leader of the Senate, the Committee on grand jury; and (47 U.S.C. 1201(b)(2)(E)) is amended— Homeland Security and Governmental Af- (2) all departments and agencies of the (1) by striking the second and third sen- fairs of the Senate, the President, the Archi- tences; and vist, and the head of any Government office United States Government should cooperate in full with the Review Board to seek the (2) by striking ‘‘other than an alert issued whose records have been the subject of Re- by the President.’’ and inserting the fol- view Board activity. disclosure of all information relevant to civil rights cold cases consistent with the public lowing: ‘‘other than an alert issued by— (2) DEADLINES.—Not later than 1 year after interest. ‘‘(A) the President; or the date of enactment of this Act, and every ‘‘(B) the Administrator of the Federal SEC. 9. RULES OF CONSTRUCTION. year thereafter until termination of the Re- Emergency Management Agency.’’. (a) PRECEDENCE OVER OTHER LAW.— view Board, the Review Board shall issue a (b) REGULATIONS.—Not later than 180 days report under paragraph (1). (1) IN GENERAL.—Subject to paragraph (2), after the date of enactment of this Act, the (3) CONTENTS.—Each report under para- when this Act requires transmission of a Commission, in consultation with the Ad- graph (1) shall include the following informa- record to the Archivist or public disclosure, ministrator, shall adopt regulations to im- tion: it shall take precedence over any other law plement the amendment made by subsection (A) A financial report of the expenses for (except section 6103 of the Internal Revenue (a)(2). all official activities and requirements of the Code of 1986), judicial decisions construing SEC. 4. STATE EMERGENCY ALERT SYSTEM Review Board and its employees. such law, or common law doctrine that PLANS AND EMERGENCY COMMU- (B) The progress made on review, trans- would otherwise prohibit such transmission NICATIONS COMMITTEES. mission to the Archivist, and public disclo- or disclosure with the exception of deeds (a) DEFINITIONS.—In this section— sure of civil rights cold case records. governing access to or transfer or release of (1) the term ‘‘SECC’’ means a State Emer- (C) The estimated time and volume of civil gifts and donations of records to the United gency Communications Committee; rights cold case records involved in the com- States Government. (2) the term ‘‘State’’ means any State of pletion of the Review Board’s performance (2) PERSONNEL AND MEDICAL FILES.—This the United States, the District of Columbia, under this Act. Act shall not require the public disclosure of the Commonwealth of Puerto Rico, the (D) Any special problems, including re- information that is exempt from disclosure United States Virgin Islands, Guam, Amer- quests and the level of cooperation of Gov- under section 552(b)(6) of title 5, United ican Samoa, the Commonwealth of the ernment offices, with regard to the ability of States Code. Northern Mariana Islands, and any posses- the Review Board to operate as required by (b) FREEDOM OF INFORMATION ACT.—Noth- sion of the United States; and this Act. ing in this Act shall be construed to elimi- (3) the term ‘‘State EAS Plan’’ means a (E) A record of review activities, including nate or limit any right to file any requests State Emergency Alert System Plan. (b) STATE EMERGENCY COMMUNICATIONS a record of postponement decisions by the with any executive agency or seek judicial COMMITTEE.—Not later than 180 days after Review Board or other related actions au- review of the decisions under section 552 of title 5, United States Code. the date of enactment of this Act, the Com- thorized by this Act, and a record of the vol- mission shall adopt regulations that— ume of records reviewed and postponed. (c) JUDICIAL REVIEW.—Nothing in this Act shall be construed to preclude judicial re- (1) encourage the chief executive of each (F) Recommendations and requests to Con- State— gress for additional authorization. view, under chapter 7 of title 5, United States Code, of final actions taken or re- (A) to establish an SECC if the State does (G) An appendix containing copies of re- not have an SECC; or ports of postponed records to the Archivist quired to be taken under this Act. (d) EXISTING AUTHORITY.—Nothing in this (B) if the State has an SECC, to review the required under subsection (c)(3) made since Act revokes or limits the existing authority composition and governance of the SECC; the date of the preceding report under this of the President, any executive agency, the (2) provide that— subsection. Senate, the House of Representatives, or any (A) each SECC, not less frequently than (4) NOTICE OF TERMINATION.—Not later than other entity of the Government to publicly annually, shall— 90 days before terminating, the Review disclose records in its possession. (i) meet to review and update its State Board shall provide written notice to the EAS Plan; President and the Congress of its intention SEC. 10. FUNDING. Until such time as funds are appropriated (ii) certify to the Commission that the to terminate its operations at a specified SECC has met as required under clause (i); date. to carry out this Act, the President shall use such sums as are available for discretionary and SEC. 8. DISCLOSURE OF OTHER INFORMATION (iii) submit to the Commission an updated use to carry out this Act. AND ADDITIONAL STUDY. State EAS Plan; and (a) MATERIALS UNDER THE SEAL OF THE (B) not later than 60 days after the date on SA 4154. Mr. CRAPO (for Mr. SCHATZ COURT.— which the Commission receives an updated (1) IN GENERAL.—The Review Board may re- (for himself, Mr. THUNE, and Mr. State EAS Plan under subparagraph (A)(iii), quest the Attorney General to petition any WICKER)) proposed an amendment to the Commission shall— court in the United States or abroad to re- the bill S. 3238, to improve oversight by (i) approve or disapprove the updated State lease any information relevant to civil the Federal Communications Commis- EAS Plan; and rights cold cases that is held under seal of sion of the wireless and broadcast (ii) notify the chief executive of the State court. emergency alert systems; as follows: of the Commission’s findings; and (2) GRAND JURY MATERIALS.— (3) establish a State EAS Plan content Strike all after the enacting clause and in- (A) IN GENERAL.—The Review Board may checklist for SECCs to use when reviewing sert the following: request the Attorney General to petition any and updating a State EAS Plan for submis- court in the United States to release any in- SECTION 1. SHORT TITLE. sion to the Commission under paragraph formation relevant to civil rights cold cases This Act may be cited as the ‘‘Reliable (2)(A). that is held under the injunction of secrecy Emergency Alert Distribution Improvement (c) CONSULTATION.—The Commission shall of a grand jury. Act of 2018’’ or ‘‘READI Act’’. consult with the Administrator regarding (B) PARTICULARIZED NEED.—A request for SEC. 2. DEFINITIONS. the adoption of regulations under subsection disclosure of civil rights cold case records In this Act— (b)(3).

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.041 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7727 SEC. 5. EMERGENCY ALERT BEST PRACTICES. inquiry to examine the feasibility of updat- SECTION 1. SHORT TITLE. (a) GUIDANCE.— ing the Emergency Alert System to enable This Act may be cited as the ‘‘Civil Rights (1) IN GENERAL.—Not later than 180 days or improve alerts to consumers provided Cold Case Records Collection Act of 2018’’. after the date of enactment of this Act, the through the internet, including through SEC. 2. DEFINITIONS. Administrator shall develop and issue guid- streaming services. In this Act: ance for State, Tribal, and local govern- (b) REPORT.—Not later than 90 days after (1) ARCHIVIST.—The term ‘‘Archivist’’ means ments regarding policies and procedures re- completing the inquiry under subsection (a), the Archivist of the United States. lating to emergency alerts. the Commission shall submit a report on the (2) CIVIL RIGHTS COLD CASE.—The term ‘‘civil (2) CONTENTS.—The guidance developed findings and conclusions of the inquiry to— rights cold case’’ means any unsolved case— under paragraph (1) shall include best prac- (1) the Committee on Commerce, Science, (A) arising out of events which occurred dur- tices and recommendations for— and Transportation of the Senate; and ing the period beginning on January 1, 1940 and (A) the processes and procedures that a (2) the Committee on Energy and Com- ending on December 31, 1979; and State, Tribal, or local government official merce of the House of Representatives. (B) related to— should use to issue an alert that will use the f (i) section 241 of title 18, United States Code Emergency Alert System or Wireless Emer- (relating to conspiracy against rights); gency Alert System, including information APPOINTMENT (ii) section 242 of title 18, United States Code about the technology used to issue such an (relating to deprivation of rights under color of alert; The PRESIDING OFFICER. The Chair, pursuant to the provisions of law); (B) steps that a State, Tribal, or local gov- (iii) section 245 of title 18, United States Code ernment official should take to mitigate the section 1501 of Public Law 115–254, on (relating to federally protected activities); possibility of the issuance of a false alert behalf of the Majority Leader of the (iv) sections 1581 and 1584 of title 18, United through the Emergency Alert System and re- Senate and the Chairman of the Senate States Code (relating to peonage and involun- lated emergency alerting systems; Committee on Armed Services, ap- tary servitude); (C) the process that a State, Tribal, or points the following individual as a (v) section 901 of the Fair Housing Act (42 local government official should adopt to remember of the Syria Study Group: U.S.C. 3631); or tract a false alert in the case of the issuance (vi) any other Federal law that was— of such an alert; Lieutenant General Charles T. Cleve- land (US Army, retired), of Virginia. (I) in effect on or before December 31, 1979; (D) the annual training of State, Tribal, and and local alert origination staff related to f (II) enforced by the criminal section of the the— Civil Rights Division of the Department of Jus- (i) issuance of alerts; COMMERCIAL ENGAGEMENT tice before the date of enactment of this Act. (ii) avoidance of false alerts; and THROUGH OCEAN TECHNOLOGY (3) CIVIL RIGHTS COLD CASE RECORD.—The (iii) retracting of false alerts; and ACT OF 2018 term ‘‘civil rights cold case record’’ means a (E) a plan by which participants in the Mr. CRAPO. Mr. President, I ask that record that— Emergency Alert System and the Wireless (A) is related to a civil rights cold case; and Emergency Alert System and other relevant the Chair lay before the Senate the (B) was created or made available for use by, State, Tribal, and local government officials message to accompany S. 2511. obtained by, or otherwise came into the posses- may, during an emergency, contact each The Presiding Officer laid before the sion of— other, as well as Federal officials, when ap- Senate the following message from the (i) the Library of Congress; propriate and necessary, by telephone, text House of Representatives: (ii) the National Archives; message, or other means of communication, Resolved, That the bill from the Senate (S. (iii) any executive agency; regarding an alert that has been distributed (iv) any independent agency; to the public. 2511) entitled ‘‘An Act to require the Under Secretary of Commerce for Oceans and At- (v) any other entity of the Federal Govern- (b) RULE OF CONSTRUCTION.—Nothing in ment; or subsection (a) shall be construed to amend, mosphere to carry out a program on coordinating the assessment and acquisition by the (vi) any State or local government, or compo- supplement, or abridge the authority of the nent thereof, that provided support or assist- Commission under the Communications Act National Oceanic and Atmospheric Adminis- tration of unmanned maritime systems, to ance or performed work in connection with a of 1934 (47 U.S.C. 151 et seq.) or in any other Federal inquiry into a civil rights cold case. manner give the Administrator authority make available to the public data collected by the Administration using such systems, (4) COLLECTION.—The term ‘‘Collection’’ over communications service providers par- means the Civil Rights Cold Case Records Col- ticipating in the Emergency Alert System or and for other purposes.’’, do pass with an amendment. lection established under section 3. the Wireless Emergency Alert System. (5) EXECUTIVE AGENCY.—The term ‘‘executive SEC. 6. FALSE ALERT REPORTING. MOTION TO CONCUR agency’’ means an agency, as defined in section Not later than 180 days after the date of Mr. CRAPO. I move to concur in the 552(f) of title 5, United States Code. enactment of this Act, the Commission, in House amendment, and I ask unani- (6) GOVERNMENT OFFICE.—The term ‘‘Govern- consultation with the Administrator, shall mous consent that the motion be ment office’’ means any office of the Federal complete a rulemaking proceeding to estab- agreed to and that the motion to re- Government that has possession or control of 1 lish a system to receive from the Adminis- or more civil rights cold case records. consider be considered made and laid trator or State, Tribal, or local governments (7) GOVERNMENT OFFICIAL.—The term ‘‘Gov- reports of false alerts under the Emergency upon the table. ernment official’’ means any officer or employee Alert System or the Wireless Emergency The PRESIDING OFFICER. Without of the United States, including elected and ap- Alert System for the purpose of recording objection, it is so ordered. pointed officials. such false alerts and examining their causes. f (8) NATIONAL ARCHIVES.—The term ‘‘National SEC. 7. REPEATING EMERGENCY ALERT SYSTEM Archives’’ means the National Archives and MESSAGES FOR NATIONAL SECU- CIVIL RIGHTS COLD CASE Records Administration and all components RITY. RECORDS COLLECTION ACT OF 2018 thereof, including Presidential archival deposi- Not later than 180 days after the date of tories established under section 2112 of title 44, enactment of this Act, the Commission, in Mr. CRAPO. Mr. President, I ask United States Code. consultation with the Administrator, shall unanimous consent that the Senate (9) OFFICIAL INVESTIGATION.—The term ‘‘offi- complete a rulemaking proceeding to modify proceed to the immediate consider- cial investigation’’ means the review of a civil the Emergency Alert System to provide for ation of Calendar No. 727, S. 3191. rights cold case conducted by any entity of the repeating Emergency Alert System messages The PRESIDING OFFICER. The Federal Government either independently, at while an alert remains pending that is issued clerk will report the bill by title. the request of any Presidential commission or by— The senior assistant legislative clerk congressional committee, or at the request of (1) the President; any Government official. (2) the Administrator; or read as follows: (10) ORIGINATING BODY.—The term ‘‘origi- (3) any other entity under specified cir- A bill (S. 3191) to provide for the expedi- nating body’’ means the executive agency, Gov- cumstances as determined by the Commis- tious disclosure of records related to civil ernment commission, congressional committee, sion, in consultation with the Adminis- rights cold cases, and for other purposes. or other Governmental entity that created a trator. There being no objection, the Senate record or particular information within a SEC. 8. INTERNET AND ONLINE STREAMING proceeded to consider the bill, which record. SERVICES EMERGENCY ALERT EX- had been reported from the Committee (11) PUBLIC INTEREST.—The term ‘‘public in- AMINATION. terest’’ means the compelling interest in the (a) STUDY.—Not later than 180 days after on Homeland Security and Govern- prompt public disclosure of civil rights cold case the date of enactment of this Act, and after mental Affairs, with an amendment to records for historical and Governmental pur- providing public notice and opportunity for strike all after the enacting clause and poses and for the purpose of fully informing the comment, the Commission shall complete an insert in lieu thereof the following: people of the United States about the history

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.042 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7728 CONGRESSIONAL RECORD — SENATE December 17, 2018 surrounding all civil rights cold cases in the (B) transmit to the Archivist upon approval the head of the originating body, executive United States. for postponement by the Review Board or upon agency, or other Government office making the (12) RECORD.—The term ‘‘record’’ has the completion of other action authorized by this recommendation not later than 90 days before meaning given the term in section 3301 of title Act, a copy of each civil rights cold case record the date that is 25 years after the date of enact- 44, United States Code. for which public disclosure has been postponed, ment of this Act. (13) REVIEW BOARD.—The term ‘‘Review in whole or in part, under the standards of this (g) DIGITIZATION OF RECORDS.—Each execu- Board’’ means the Civil Rights Cold Case Act, to become part of the protected Collection. tive agency shall make text searchable docu- Records Review Board established under section (2) REOPENING OF CASES.—If, not later than 2 ments available to the Review Board pursuant 5. years after the date of enactment of this Act, to standards established under section 552(a)(3) SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COL- the Attorney General submits to the Archivist a of title 5, United States Code. LECTION AT THE NATIONAL AR- certification that the Attorney General intends (h) NOTICE REGARDING PUBLIC DISCLOSURE.— CHIVES AND RECORD ADMINISTRA- to reopen and pursue prosecution of the civil (1) FINDING.—Congress finds that the public TION. rights cold case to which a civil rights cold case release of case-related documents and informa- (a) IN GENERAL.— record relates, the Attorney General shall trans- tion without notice may significantly affect the (1) ESTABLISHMENT OF THE CIVIL RIGHTS COLD mit to the Archivist the civil rights cold case victims of the events to which the case relates CASE RECORDS COLLECTION.—Not later than 60 record in accordance with paragraph (1)— and their next of kin. days after the date of enactment of this Act, the (A) not later than 90 days after— (2) NOTICE.—Not later than 7 days before a Archivist shall— (i) final judgment is entered in the pro- civil rights cold case record is publicly disclosed, (A) commence establishing a collection of civil ceedings relating to the civil rights cold case; or the executive agency releasing the civil rights rights cold case records to be known as the (ii) proceedings relating to the civil rights cold cold case record, in coordination with the Gov- ‘‘Civil Rights Cold Case Records Collection’’ case are dismissed with prejudice; or ernment office that had possession or control of that ensures the physical integrity and original (B) not later than the date that is 1 year after the civil rights cold case record, shall take all provenance of all records in the Collection; the date on which the Attorney General submits reasonable efforts to provide the civil rights cold (B) commence preparing and publishing the to the Archivist the certification, if an indict- case record to the victims of the events to which subject guidebook and index to the Collection; ment or information has not been filed with re- the civil rights cold case record relates, or their and spect to the civil rights cold case. next of kin. (C) establish criteria for Government offices to (f) PERIODIC REVIEW OF POSTPONED CIVIL SEC. 4. GROUNDS FOR POSTPONEMENT OF PUB- follow when transmitting copies of civil rights RIGHTS COLD CASE RECORDS.— LIC DISCLOSURE OF RECORDS. cold case records to the Archivist, to include re- (1) IN GENERAL.—Each civil rights cold case Disclosure of civil rights cold case records or quired metadata. record that is redacted or for which public dis- particular information within a civil rights cold (2) CONTENTS OF COLLECTION.—The Collection closure is postponed shall be reviewed not later case record to the public may be postponed sub- shall include— than December 31 each year by the entity subject to the limitations of this Act if disclosure (A) a copy of each civil rights cold case mitting the record and the Archivist, consistent would clearly and demonstrably be expected record— with the recommendations of the Review Board to— (i) that has not been transmitted to the Archi- under section 7(c)(3)(B). (1)(A) cause identifiable or describable damage vist, which shall be transmitted to the Archivist (2) REQUIREMENTS OF PERIODIC REVIEW.—The to national security, military defense, law en- in accordance with section 2107 of title 44, periodic review under paragraph (1) shall ad- forcement, intelligence operations, or the con- United States Code, by the entity described in dress the public disclosure of additional civil duct of foreign relations that is of such gravity section 2(3)(B) in possession of the civil rights rights cold case records in the Collection under that it outweighs the public interest in disclo- cold case record, except in the case of a State or the standards of this Act. sure; or local government; (3) UNCLASSIFIED WRITTEN DESCRIPTION.—Any (B) reveal information described in para- (ii) that has been transmitted to the Archivist civil rights cold case record for which postpone- graphs (1) through (9) of section 3.3(b) of Execu- or disclosed to the public in an unredacted form ment of public disclosure is continued shall in- tive Order 13526 (75 Fed. Reg. 707; relating to before the date of the enactment of this Act; classified national security information); (iii) that is required to be transmitted to the clude an unclassified written description of the reason for such continued postponement, which (2)(A) reveal the name or identity of a living Archivist; or individual who provided confidential informa- (iv) the disclosure of which is postponed shall be provided to the Archivist and made available on a publicly accessible website upon tion to the United States; and under this Act; and (B) pose a substantial risk of harm to that in- (B) all Review Board records, as required the determination to continue the postponement. (4) FULL DISCLOSURE OF CIVIL RIGHTS COLD dividual; under this Act. (3) constitute an unwarranted invasion of per- CASE RECORD REQUIRED.— (b) DISCLOSURE OF RECORDS.—All civil rights sonal privacy; (A) IN GENERAL.—Each civil rights cold case cold case records transmitted to the Archivist for (4)(A) compromise the existence of an under- record that is not publicly disclosed in full as of disclosure to the public— standing of confidentiality currently requiring the date on which the Review Board terminates (1) shall be included in the Collection; protection between a Government agent and a under section 5(n) shall be publicly disclosed in (2) not later than 60 days after the trans- cooperating individual or group; and mission of the record to the Archivist, shall be full and available in the Collection not later (B) be so harmful that the understanding of available to the public for inspection and copy- than 25 years after the date of enactment of this confidentiality outweighs the public interest; ing at the National Archives; and Act unless— (5) endanger the life or physical safety of any (3) shall be prioritized for digitization by the (i) the head of the originating body, an execu- individual; or National Archives. tive agency, or other Government office rec- (6) interfere with ongoing law enforcement (c) FEES FOR COPYING.—The Archivist shall— ommends in writing the exemption of the record proceedings. (1) use efficient electronic means when pos- or information, the release of which would SEC. 5. ESTABLISHMENT AND POWERS OF THE sible; clearly and demonstrably be expected to— CIVIL RIGHTS COLD CASE RECORDS (2) charge fees for copying civil rights cold (I) cause identifiable or describable damage to REVIEW BOARD. case records; and national security, military defense, law enforce- (a) ESTABLISHMENT.—There is established, as (3) grant waivers of such fees pursuant to the ment, intelligence operations, or the conduct of an independent agency, a board to be known as standard established under section 552(a)(4) of foreign relations that is of such gravity that it the Civil Rights Cold Case Records Review title 5, United States Code. outweighs the public interest in disclosure; or Board. (d) ADDITIONAL REQUIREMENTS.—The Archi- (II) reveal information described in para- (b) APPOINTMENT.— vist shall ensure the security of civil rights cold graphs (1) through (9) of section 3.3(b) of Execu- (1) IN GENERAL.—The President shall appoint, case records in the Collection for which disclo- tive Order 13526 (75 Fed. Reg. 707; relating to by and with the advice and consent of the Sen- sure is postponed. classified national security information); ate, 5 individuals to serve as members of the Re- (e) TRANSMISSION TO THE NATIONAL AR- (ii) the written recommendation described in view Board, to ensure and facilitate the review, CHIVES.— clause (i)— transmission to the Archivist, and public disclo- (1) IN GENERAL.—Subject to paragraph (2), (I) is provided to the Archivist not later than sure of civil rights cold case records. each Government office shall, in accordance 180 days before the date that is 25 years after (2) INITIAL APPOINTMENT.— with the criteria established by the Archivist the date of enactment of this Act; and (A) IN GENERAL.—Initial appointments to the under subsection (a)(1)(C)— (II) includes— Review Board shall, so far as practicable, be (A) as soon as is reasonably practicable, and (aa) a justification of the recommendation to made not later than 60 days after the date of en- in any event not later than 2 years after the postpone disclosure; and actment of this Act. date of the enactment of this Act, transmit to (bb) a recommended specified time at which or (B) RECOMMENDATIONS.—In making appoint- the Archivist, for the Archivist to make avail- a specified occurrence following which the mate- ments to the Review Board, the President may able to the public in accordance with subsection rial may be appropriately disclosed to the public consider any individuals recommended by the (b), a copy of each civil rights cold case record under this Act; and American Historical Association, the Organiza- that can be publicly disclosed, including any (iii) the Archivist agrees with the written rec- tion of American Historians, the Society of such record that is publicly available on the ommendation described in clause (i). American Archivists, and the American Bar As- date of enactment of this Act, without any re- (B) NOTIFICATION.—If the Archivist does not sociation. daction, adjustment, or withholding under the agree with the recommendation described in (C) EXTENSION.—If an organization described standards of this Act; and subparagraph (A)(i), the Archivist shall notify in subparagraph (B) does not recommend at

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least 2 nominees meeting the qualifications stat- States Code, for each day (including travel time) (2) REPORTS.—Before its termination, the Re- ed in paragraph (3) within 60 days after the during which the member is engaged in the per- view Board shall submit reports to the President date of enactment of this Act, the deadline formance of the duties of the Review Board. and the Congress, including a complete and ac- under subparagraph (A) shall be extended until (2) TRAVEL EXPENSES.—A member of the Re- curate accounting of expenditures during its ex- the earlier of 60 days after the date on which view Board shall be allowed reasonable travel istence, and shall complete all other reporting such recommendations are made or 120 days expenses, including per diem in lieu of subsist- requirements under this Act. after the date of enactment of this Act. ence, at rates for employees of agencies under (3) TRANSFER OF RECORDS.— (D) ADDITIONAL RECOMMENDATIONS.—The subchapter I of chapter 57 of title 5, United (A) IN GENERAL.—Upon termination, the Re- President may request that any organization de- States Code, while away from the member’s view Board shall transfer all of its records to the scribed in subparagraph (B) submit additional home or regular place of business in the per- Archivist for inclusion in the Collection. recommended nominees. formance of services for the Review Board. (B) PRESERVATION OF RECORDS.—The records (3) QUALIFICATIONS.—Individuals nominated (h) DUTIES OF THE REVIEW BOARD.— of the Review Board shall not be destroyed, ex- to the Review Board shall— (1) IN GENERAL.—The Review Board shall con- cept that the Archivist may destroy routine ad- (A) not have had any previous involvement sider and render decisions on a determination ministrative records covered by a general records with any official investigation or inquiry con- by a Government office to seek to postpone the schedule following notification in the Federal ducted by the Federal Government, or any State disclosure of civil rights cold case records. Register and after considering comments. or local government, relating to any civil rights (2) DECISIONS.—In carrying out paragraph SEC. 6. REVIEW BOARD PERSONNEL. cold case; (1), the Review Board shall consider and render (a) CHIEF OF STAFF.— (B) be distinguished individuals of high na- decisions on— (1) APPOINTMENT.—Not later than 45 days tional professional reputation in their respective (A) whether a record constitutes a civil rights after the initial meeting of the Review Board, fields who are capable of exercising the inde- cold case record; and and without regard to political affiliation, the pendent and objective judgment necessary to (B) whether a civil rights cold case record or Review Board shall appoint an individual to the fulfill their role in ensuring and facilitating the particular information in a record qualifies for position of Chief of Staff of the Review Board. review, transmission to the public, and public postponement of disclosure under this Act. (2) REQUIREMENTS.—The individual appointed disclosure of files related to civil rights cold (i) POWERS.— as Chief of Staff— cases and who possess an appreciation of the (1) IN GENERAL.—The Review Board shall (A) shall be a citizen of the United States of value of such material to the public, scholars, have the authority to act in a manner pre- integrity and impartiality who is a distin- and government; and scribed under this Act including the authority guished professional; and (C) include at least 1 professional historian to— (B) shall have had no previous involvement and 1 attorney. (A) obtain access to civil rights cold case with any official investigation or inquiry relat- (c) SECURITY CLEARANCES.—All Review Board records that have been identified and organized ing to civil rights cold cases. nominees shall be processed for the necessary se- by a Government office; (3) CANDIDATE TO HAVE CLEARANCES.—A can- curity clearances in an accelerated manner by (B) direct a Government office to make avail- didate for Chief of Staff shall be granted the the appropriate Federal agencies and subject to able to the Review Board, and if necessary in- necessary security clearances in an accelerated the standard procedures for granting such clear- vestigate the facts surrounding, additional in- manner subject to the standard procedures for ances. formation, records, or testimony from individ- granting such clearances. (d) VACANCY.—A vacancy on the Review uals, which the Review Board has reason to be- (4) APPROVAL CONTINGENT ON PRIOR CLEAR- Board shall be filled in the same manner as the lieve is required to fulfill its functions and re- ANCE.—A candidate for Chief of Staff shall original appointment within 60 days of the oc- sponsibilities under this Act; qualify for the necessary security clearance currence of the vacancy. (C) subpoena private persons to compel testi- prior to being appointed by the Review Board. (e) CHAIRPERSON.—The members of the Review mony, records, and other information relevant (5) DUTIES.—The Chief of Staff shall— Board shall elect 1 of the members as chair- to its responsibilities under this Act; (A) serve as principal liaison to Government person. (D) require any Government office to account offices; (f) REMOVAL OF REVIEW BOARD MEMBER.— in writing for the destruction of any records re- (B) be responsible for the administration and (1) IN GENERAL.—No member of the Review lating to civil rights cold cases; coordination of the Review Board’s review of Board shall be removed from office, other than— (E) receive information from the public re- records; (A) by impeachment and conviction; or garding the identification and public disclosure (C) be responsible for the administration of all (B) by the action of the President for ineffi- of civil rights cold case records; and official activities conducted by the Review ciency, neglect of duty, malfeasance in office, (F) hold hearings, administer oaths, and sub- Board; and physical disability, mental incapacity, or any poena witnesses and documents. (D) have no authority to decide or determine other condition that substantially impairs the (2) ENFORCEMENT OF SUBPOENAS.—Any sub- whether any record shall be disclosed to the performance of the member’s duties. poena issued under this subsection may be en- public or postponed for disclosure. (2) REPORT.— forced by any appropriate Federal court acting (6) REMOVAL.—The Chief of Staff shall not be (A) IN GENERAL.—If a member of the Review pursuant to a lawful request of the Review removed except upon a majority vote of the Re- Board is removed from office, and that removal Board. view Board to remove the Chief of Staff for is by the President, not later than 10 days after (j) WITNESS IMMUNITY.—The Review Board cause on the grounds of inefficiency, neglect of the removal, the President shall submit to the shall be considered to be an agency of the duty, malfeasance in office, physical disability, Committee on Oversight and Government Re- United States for purposes of chapter 601 of title mental incapacity, or any other condition that form of the House of Representatives and the 18, United States Code. substantially impairs the performance of the re- Committee on Homeland Security and Govern- (k) OVERSIGHT.— sponsibilities of the Chief of Staff or the employ- mental Affairs of the Senate a report specifying (1) IN GENERAL.—The Committee on Oversight ees of the Review Board. the facts found and the grounds for the re- and Government Reform of the House of Rep- (b) STAFF.— moval. resentatives and the Committee on Homeland (1) ADDITIONAL PERSONNEL.—The Review (B) PUBLICATION.—The President shall pub- Security and Governmental Affairs of the Sen- Board may, in accordance with the civil service lish in the Federal Register a report submitted ate shall have continuing oversight jurisdiction laws but without regard to civil service laws and under subparagraph (A), except that the Presi- with respect to the official conduct of the Re- regulations for appointments in the competitive dent may, if necessary to protect the rights of a view Board and the disposition of postponed service under subchapter I of chapter 33 of title person named in the report or to prevent undue records after termination of the Review Board, 5, United States Code, appoint and terminate interference with any pending prosecution, and shall have access to any records held or cre- additional employees as are necessary to enable postpone or refrain from publishing any or all of ated by the Review Board. the Review Board and its Chief of Staff to per- the report until the completion of such pending (2) COOPERATION OF REVIEW BOARD.—The Re- form their duties. cases or pursuant to privacy protection require- view Board shall have a duty to cooperate with (2) REQUIREMENTS.—An individual appointed ments in law. the exercise of the oversight jurisdiction de- as an employee of the Review Board— (3) JUDICIAL REVIEW.— scribed in paragraph (1). (A) shall be a private citizen of integrity and (A) IN GENERAL.—A member of the Review (l) SUPPORT SERVICES.—The Administrator of impartiality; and Board removed from office may obtain judicial General Services shall provide administrative (B) shall have had no previous involvement review of the removal in a civil action com- services for the Review Board on a reimbursable with any official investigation or inquiry relat- menced in the United States District Court for basis. ing to civil rights cold cases. the District of Columbia. (m) INTERPRETIVE REGULATIONS.—The Review (3) NOMINATIONS.—Before making an appoint- (B) RELIEF.—The member may be reinstated or Board may issue interpretive regulations. ment pursuant to paragraph (1), the Review granted other appropriate relief by order of the (n) TERMINATION.— Board shall consider individuals recommended court. (1) IN GENERAL.—The Review Board shall ter- by the American Historical Association, the Or- (g) COMPENSATION OF MEMBERS.— minate not later than 4 years after the date of ganization of American Historians, the Society (1) IN GENERAL.—A member of the Review enactment of this Act, except that the Review of American Archivists, and the American Bar Board shall be compensated at a rate equal to Board may, by majority vote, extend its term for Association. the daily equivalent of the annual rate of basic an additional 1-year period if the Review Board (4) SECURITY CLEARANCES.—A candidate shall pay prescribed for level IV of the Executive has not completed its work within that 4-year qualify for the necessary security clearance Schedule under section 5315 of title 5, United period. prior to being appointed by the Review Board.

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(c) COMPENSATION.—The Review Board shall (4) NOTICE.—Not later than 14 days after the (B) The progress made on review, transmission fix the compensation of the Chief of Staff and Review Board makes a determination that a to the Archivist, and public disclosure of civil other employees in accordance with title 5, civil rights cold case record shall be publicly dis- rights cold case records. United States Code, except that the rate of pay closed in the Collection or postponed for disclo- (C) The estimated time and volume of civil for the Chief of Staff and other employees may sure and held in the protected Collection, the rights cold case records involved in the comple- not exceed the rate payable for level V of the Review Board shall notify the head of the origi- tion of the Review Board’s performance under Executive Schedule under section 5316 of that nating body of its determination and publish a this Act. title. copy of the determination in the Federal Reg- (D) Any special problems, including requests (d) ADVISORY COMMITTEES.—The Review ister. and the level of cooperation of Government of- Board may create advisory committees to assist (5) OTHER NOTICE.—Contemporaneous notice fices, with regard to the ability of the Review in fulfilling the responsibilities of the Review shall be made to the President of Review Board Board to operate as required by this Act. Board under this Act. determinations regarding executive branch civil (E) A record of review activities, including a SEC. 7. REVIEW OF RECORDS BY THE REVIEW rights cold case records, and to the oversight record of postponement decisions by the Review BOARD. committees designated in this Act in the case of Board or other related actions authorized by (a) CUSTODY OF RECORDS REVIEWED BY THE legislative branch records. Such notice shall this Act, and a record of the volume of records BOARD.—Pending the outcome of the Review contain an unclassified written justification for reviewed and postponed. Board’s review activity, a Government office public disclosure or postponement of disclosure, (F) Recommendations and requests to Con- shall retain custody of a civil rights cold case including an explanation of the application of gress for additional authorization. record for purposes of preservation, security, any standards under section 4. (G) An appendix containing copies of reports and efficiency, unless— (d) PRESIDENTIAL AUTHORITY OVER REVIEW of postponed records to the Archivist required (1) the Review Board requires the physical BOARD DETERMINATION.— under subsection (c)(3) made since the date of (1) PUBLIC DISCLOSURE OR POSTPONEMENT OF transfer of records for reasons of conducting an the preceding report under this subsection. DISCLOSURE.—After the Review Board has made independent and impartial review; or (4) NOTICE OF TERMINATION.—Not later than a formal determination concerning the public (2) such transfer is necessary for an adminis- 90 days before terminating, the Review Board disclosure or postponement of disclosure of an trative hearing or other official Review Board shall provide written notice to the President and executive branch civil rights cold case record or function. the Congress of its intention to terminate its op- information contained in a civil rights cold case (b) STARTUP REQUIREMENTS.—The Review erations at a specified date. Board shall— record, obtained or developed solely within the (1) not later than 90 days after the date on executive branch, the President shall have the SEC. 8. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY. which all members of the Review Board are ap- sole and nondelegable authority to require the (a) MATERIALS UNDER THE SEAL OF THE pointed, publish a schedule for review of all civil disclosure or postponement of such record or in- COURT.— rights cold case records in the Federal Register; formation under the standards set forth in sec- (1) IN GENERAL.—The Review Board may re- and tion 4, and the President shall provide the Re- (2) not later than 180 days after the enactment view Board with an unclassified written certifi- quest the Attorney General to petition any court of this Act, begin its review of civil rights cold cation specifying the President’s decision within in the United States or abroad to release any in- case records under this Act. 30 days after the Review Board’s determination formation relevant to civil rights cold cases that (c) DETERMINATION OF THE REVIEW BOARD.— and notice to the executive agency as required is held under seal of court. (1) IN GENERAL.—The Review Board shall di- under this Act, stating the justification for the (2) GRAND JURY MATERIALS.— rect that copies of all civil rights cold case President’s decision, including the applicable (A) IN GENERAL.—The Review Board may re- records be transmitted to the Archivist and dis- grounds for postponement under section 4. quest the Attorney General to petition any court closed to the public in the Collection in the ab- (2) PERIODIC REVIEW.—Any executive branch in the United States to release any information sence of clear and convincing evidence that— civil rights cold case record for which public dis- relevant to civil rights cold cases that is held (A) a Government record is not a civil rights closure is postponed by the President shall be under the injunction of secrecy of a grand jury. cold case record; or subject to the requirements of periodic review (B) PARTICULARIZED NEED.—A request for dis- (B) a Government record or particular infor- and declassification of classified information closure of civil rights cold case records under mation within a civil rights cold case record and public disclosure in the Collection set forth this Act shall be deemed to constitute a showing qualifies for postponement of public disclosure in section 3. of particularized need under rule 6 of the Fed- under this Act, which shall include consider- (3) RECORD OF PRESIDENTIAL POSTPONE- eral Rules of Criminal Procedure. ation by the Review Board of relevant laws and MENT.—The Review Board shall, upon its re- (3) DEADLINE.— policies protecting criminal records of juveniles. ceipt, publish in the Federal Register a copy of (A) IN GENERAL.—The Attorney General shall (2) POSTPONEMENT.—In approving postpone- any unclassified written certification, state- respond to any request that is subject to this ment of public disclosure of a civil rights cold ment, or other materials transmitted by or on be- subsection within 45 days. case record, the Review Board shall work to— half of the President with regard to postpone- (B) NONDISCLOSURE OF GRAND JURY INFORMA- (A) provide for the disclosure of segregable ment of the public disclosure of civil rights cold TION.—If the Attorney General determines that parts, substitutes, or summaries of such a case records. information relevant to a civil rights cold case record; and (e) NOTICE TO THE PUBLIC.—On each day that that is held under the injunction of secrecy of a (B) determine, in consultation with the origi- is on or after the date that is 60 days after the grand jury should not be made public, the At- nating body and consistent with the standards Review Board first approves the postponement torney General shall set forth in the response to for postponement under this Act, which of the of disclosure of a civil rights cold case record, the request the reasons for the determination. following alternative forms of disclosure shall be the Review Board shall publish on a publicly (b) COOPERATION WITH AGENCIES.—It is the made by the originating body: available website a notice that summarizes the sense of Congress that— (i) Any reasonably segregable particular infor- postponements approved by the Review Board or (1) the Attorney General should assist the Re- mation in a civil rights cold case record. initiated by the President, including a descrip- view Board in good faith to unseal any records (ii) A substitute record for that information tion of the subject, originating body, length or that the Review Board determines to be relevant which is postponed. other physical description, and each ground for and held under the seal by a court or under the (iii) A summary of a civil rights cold case postponement that is relied upon. injunction of secrecy of a grand jury; and record. (f) REPORTS BY THE REVIEW BOARD.— (2) all departments and agencies of the United (3) REPORT.—With respect to each civil rights (1) IN GENERAL.—The Review Board shall re- States Government should cooperate in full with cold case record or particular information in port its activities to the Speaker of the House of the Review Board to seek the disclosure of all civil rights cold case records the public disclo- Representatives, the Minority Leader of the information relevant to civil rights cold cases sure of which is postponed under section 4, or House of Representatives, the Committee on consistent with the public interest. for which only substitutions or summaries have Oversight and Government Reform of the House been disclosed to the public, the Review Board of Representatives, the Majority Leader of the SEC. 9. RULES OF CONSTRUCTION. shall create and transmit to the Archivist a re- Senate, the Minority Leader of the Senate, the (a) PRECEDENCE OVER OTHER LAW.— port containing— Committee on Homeland Security and Govern- (1) IN GENERAL.—Subject to paragraph (2), (A) a description of actions by the Review mental Affairs of the Senate, the President, the when this Act requires transmission of a record Board, the originating body, the President, or Archivist, and the head of any Government of- to the Archivist or public disclosure, it shall any Government office (including a justification fice whose records have been the subject of Re- take precedence over any other law (except sec- of any such action to postpone disclosure of any view Board activity. tion 6103 of the Internal Revenue Code of 1986), record or part of any record) and of any official (2) DEADLINES.—Not later than 1 year after judicial decisions construing such law, or com- proceedings conducted by the Review Board the date of enactment of this Act, and every mon law doctrine that would otherwise prohibit with regard to specific civil rights cold case year thereafter until termination of the Review such transmission or disclosure with the excep- records; and Board, the Review Board shall issue a report tion of deeds governing access to or transfer or (B) a statement, based on a review of the pro- under paragraph (1). release of gifts and donations of records to the ceedings and in conformity with the decisions (3) CONTENTS.—Each report under paragraph United States Government. reflected therein, designating a recommended (1) shall include the following information: (2) PERSONNEL AND MEDICAL FILES.—This Act specified time at which or a specified occurrence (A) A financial report of the expenses for all shall not require the public disclosure of infor- following which the material may be appro- official activities and requirements of the Re- mation that is exempt from disclosure under sec- priately disclosed to the public under this Act. view Board and its employees. tion 552(b)(6) of title 5, United States Code.

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(b) FREEDOM OF INFORMATION ACT.—Nothing (i) the Library of Congress; Archivist in accordance with section 2107 of in this Act shall be construed to eliminate or (ii) the National Archives; title 44, United States Code, by the entity limit any right to file any requests with any ex- (iii) any executive agency; described in section 2(3)(B) in possession of ecutive agency or seek judicial review of the de- (iv) any independent agency; the civil rights cold case record, except in cisions under section 552 of title 5, United States (v) any other entity of the Federal Govern- the case of a State or local government; Code. ment; or (ii) that has been transmitted to the Archi- (c) JUDICIAL REVIEW.—Nothing in this Act (vi) any State or local government, or com- vist or disclosed to the public in an shall be construed to preclude judicial review, ponent thereof, that provided support or as- unredacted form before the date of the enact- under chapter 7 of title 5, United States Code, of sistance or performed work in connection ment of this Act; final actions taken or required to be taken with a Federal inquiry into a civil rights (iii) that is required to be transmitted to under this Act. cold case. the Archivist; or (d) EXISTING AUTHORITY.—Nothing in this Act (4) COLLECTION.—The term ‘‘Collection’’ (iv) the disclosure of which is postponed revokes or limits the existing authority of the means the Civil Rights Cold Case Records under this Act; and President, any executive agency, the Senate, the Collection established under section 3. (B) all Review Board records, as required House of Representatives, or any other entity of (5) EXECUTIVE AGENCY.—The term ‘‘execu- under this Act. the Government to publicly disclose records in tive agency’’ means an agency, as defined in (b) DISCLOSURE OF RECORDS.—All civil its possession. section 552(f) of title 5, United States Code. rights cold case records transmitted to the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (6) GOVERNMENT OFFICE.—The term ‘‘Gov- Archivist for disclosure to the public— (a) IN GENERAL.—There are authorized to be ernment office’’ means any office of the Fed- (1) shall be included in the Collection; appropriated such sums as are necessary to eral Government that has possession or con- (2) not later than 60 days after the trans- carry out this Act, to remain available until ex- trol of 1 or more civil rights cold case mission of the record to the Archivist, shall pended. records. be available to the public for inspection and (b) INTERIM PROVISIONS.—Until such time as (7) GOVERNMENT OFFICIAL.—The term ‘‘Gov- copying at the National Archives; and funds are appropriated pursuant to subsection ernment official’’ means any officer or em- (3) shall be prioritized for digitization by (a), the President shall use such sums as are ployee of the United States, including elect- the National Archives. available for discretionary use to carry out this ed and appointed officials. (c) FEES FOR COPYING.—The Archivist Act. (8) NATIONAL ARCHIVES.—The term ‘‘Na- shall— Mr. CRAPO. I ask unanimous consent tional Archives’’ means the National Ar- (1) use efficient electronic means when pos- that the committee-reported substitute chives and Records Administration and all sible; amendment be withdrawn; that the components thereof, including Presidential (2) charge fees for copying civil rights cold Jones substitute amendment at the archival depositories established under sec- case records; and tion 2112 of title 44, United States Code. (3) grant waivers of such fees pursuant to desk be considered and agreed to; and (9) OFFICIAL INVESTIGATION.—The term ‘‘of- the standard established under section that the bill, as amended, be considered ficial investigation’’ means the review of a 552(a)(4) of title 5, United States Code. read a third time. civil rights cold case conducted by any enti- (d) ADDITIONAL REQUIREMENTS.—The Archi- The PRESIDING OFFICER. Without ty of the Federal Government either inde- vist shall ensure the security of civil rights objection, it is so ordered. pendently, at the request of any Presidential cold case records in the Collection for which The committee-reported substitute commission or congressional committee, or disclosure is postponed. amendment was withdrawn. at the request of any Government official. (e) TRANSMISSION TO THE NATIONAL AR- The amendment (No. 4153) in the na- (10) ORIGINATING BODY.—The term ‘‘origi- CHIVES.— ture of a substitute was agreed to, as nating body’’ means the executive agency, (1) IN GENERAL.—Subject to paragraph (2), follows: Government commission, congressional com- each Government office shall, in accordance mittee, or other Governmental entity that with the criteria established by the Archi- (Purpose: In the nature of a substitute) created a record or particular information vist under subsection (a)(1)(C)— Strike all after the enacting clause and in- within a record. (A) as soon as is reasonably practicable, sert the following: (11) PUBLIC INTEREST.—The term ‘‘public and in any event not later than 2 years after SECTION 1. SHORT TITLE. interest’’ means the compelling interest in the date of the enactment of this Act, trans- This Act may be cited as the ‘‘Civil Rights the prompt public disclosure of civil rights mit to the Archivist, for the Archivist to Cold Case Records Collection Act of 2018’’. cold case records for historical and Govern- make available to the public in accordance SEC. 2. DEFINITIONS. mental purposes and for the purpose of fully with subsection (b), a copy of each civil In this Act: informing the people of the United States rights cold case record that can be publicly (1) ARCHIVIST.—The term ‘‘Archivist’’ about the history surrounding all civil rights disclosed, including any such record that is means the Archivist of the United States. cold cases in the United States. publicly available on the date of enactment (2) CIVIL RIGHTS COLD CASE.—The term (12) RECORD.—The term ‘‘record’’ has the of this Act, without any redaction, adjust- ‘‘civil rights cold case’’ means any unsolved meaning given the term in section 3301 of ment, or withholding under the standards of case— title 44, United States Code. this Act; and (A) arising out of events which occurred (13) REVIEW BOARD.—The term ‘‘Review (B) transmit to the Archivist upon ap- during the period beginning on January 1, Board’’ means the Civil Rights Cold Case proval for postponement by the Review 1940 and ending on December 31, 1979; and Records Review Board established under sec- Board or upon completion of other action au- (B) related to— tion 5. thorized by this Act, a copy of each civil (i) section 241 of title 18, United States SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COL- rights cold case record for which public dis- Code (relating to conspiracy against rights); LECTION AT THE NATIONAL AR- closure has been postponed, in whole or in (ii) section 242 of title 18, United States CHIVES AND RECORD ADMINISTRA- part, under the standards of this Act, to be- Code (relating to deprivation of rights under TION. come part of the protected Collection. color of law); (a) IN GENERAL.— (2) REOPENING OF CASES.—If, not later than (iii) section 245 of title 18, United States (1) ESTABLISHMENT OF THE CIVIL RIGHTS 2 years after the date of enactment of this Code (relating to federally protected activi- COLD CASE RECORDS COLLECTION.—Not later Act, the Attorney General submits to the Ar- ties); than 60 days after the date of enactment of chivist a certification that the Attorney (iv) sections 1581 and 1584 of title 18, United this Act, the Archivist shall— General intends to reopen and pursue pros- States Code (relating to peonage and invol- (A) commence establishing a collection of ecution of the civil rights cold case to which untary servitude); civil rights cold case records to be known as a civil rights cold case record relates, the At- (v) section 901 of the Fair Housing Act (42 the ‘‘Civil Rights Cold Case Records Collec- torney General shall transmit to the Archi- U.S.C. 3631); or tion’’ that ensures the physical integrity and vist the civil rights cold case record in ac- (vi) any other Federal law that was— original provenance of all records in the Col- cordance with paragraph (1)— (I) in effect on or before December 31, 1979; lection; (A) not later than 90 days after— and (B) commence preparing and publishing (i) final judgment is entered in the pro- (II) enforced by the criminal section of the the subject guidebook and index to the Col- ceedings relating to the civil rights cold Civil Rights Division of the Department of lection; and case; or Justice before the date of enactment of this (C) establish criteria for Government of- (ii) proceedings relating to the civil rights Act. fices to follow when transmitting copies of cold case are dismissed with prejudice; or (3) CIVIL RIGHTS COLD CASE RECORD.—The civil rights cold case records to the Archi- (B) not later than the date that is 1 year term ‘‘civil rights cold case record’’ means a vist, to include required metadata. after the date on which the Attorney Gen- record that— (2) CONTENTS OF COLLECTION.—The Collec- eral submits to the Archivist the certifi- (A) is related to a civil rights cold case; tion shall include— cation, if an indictment or information has and (A) a copy of each civil rights cold case not been filed with respect to the civil rights (B) was created or made available for use record— cold case. by, obtained by, or otherwise came into the (i) that has not been transmitted to the Ar- (f) PERIODIC REVIEW OF POSTPONED CIVIL possession of— chivist, which shall be transmitted to the RIGHTS COLD CASE RECORDS.—

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(1) IN GENERAL.—Each civil rights cold case the victims of the events to which the civil (B) be distinguished individuals of high na- record that is redacted or for which public rights cold case record relates, or their next tional professional reputation in their re- disclosure is postponed shall be reviewed not of kin. spective fields who are capable of exercising later than December 31 each year by the en- SEC. 4. GROUNDS FOR POSTPONEMENT OF PUB- the independent and objective judgment nec- tity submitting the record and the Archivist, LIC DISCLOSURE OF RECORDS. essary to fulfill their role in ensuring and fa- consistent with the recommendations of the Disclosure of civil rights cold case records cilitating the review, transmission to the Review Board under section 7(c)(3)(B). or particular information within a civil public, and public disclosure of files related (2) REQUIREMENTS OF PERIODIC REVIEW.— rights cold case record to the public may be to civil rights cold cases and who possess an The periodic review under paragraph (1) shall postponed subject to the limitations of this appreciation of the value of such material to address the public disclosure of additional Act if disclosure would clearly and demon- the public, scholars, and government; and civil rights cold case records in the Collec- strably be expected to— (C) include at least 1 professional historian tion under the standards of this Act. (1)(A) cause identifiable or describable and 1 attorney. (3) UNCLASSIFIED WRITTEN DESCRIPTION.— damage to national security, military de- (c) SECURITY CLEARANCES.—All Review Any civil rights cold case record for which fense, law enforcement, intelligence oper- Board nominees shall be processed for the postponement of public disclosure is contin- ations, or the conduct of foreign relations necessary security clearances in an acceler- ued shall include an unclassified written de- that is of such gravity that it outweighs the ated manner by the appropriate Federal scription of the reason for such continued public interest in disclosure; or agencies and subject to the standard proce- postponement, which shall be provided to the (B) reveal information described in para- dures for granting such clearances. graphs (1) through (9) of section 3.3(b) of Ex- Archivist and made available on a publicly (d) VACANCY.—A vacancy on the Review ecutive Order 13526 (75 Fed. Reg. 707; relating accessible website upon the determination to Board shall be filled in the same manner as to classified national security information); continue the postponement. the original appointment within 60 days of (2)(A) reveal the name or identity of a liv- (4) FULL DISCLOSURE OF CIVIL RIGHTS COLD the occurrence of the vacancy. CASE RECORD REQUIRED.— ing individual who provided confidential in- (e) CHAIRPERSON.—The members of the Re- formation to the United States; and (A) IN GENERAL.—Each civil rights cold view Board shall elect 1 of the members as (B) pose a substantial risk of harm to that case record that is not publicly disclosed in chairperson. full as of the date on which the Review individual; (f) REMOVAL OF REVIEW BOARD MEMBER.— Board terminates under section 5(n) shall be (3) constitute an unwarranted invasion of (1) IN GENERAL.—No member of the Review publicly disclosed in full and available in the personal privacy; Board shall be removed from office, other Collection not later than 25 years after the (4)(A) compromise the existence of an un- than— date of enactment of this Act unless— derstanding of confidentiality currently re- (A) by impeachment and conviction; or (i) the head of the originating body, an ex- quiring protection between a Government (B) by the action of the President for inef- ecutive agency, or other Government office agent and a cooperating individual or group; ficiency, neglect of duty, malfeasance in of- recommends in writing the exemption of the and fice, physical disability, mental incapacity, record or information, the release of which (B) be so harmful that the understanding or any other condition that substantially would clearly and demonstrably be expected of confidentiality outweighs the public inter- impairs the performance of the member’s du- to— est; ties. (I) cause identifiable or describable damage (5) endanger the life or physical safety of (2) REPORT.— to national security, military defense, law any individual; or (A) IN GENERAL.—If a member of the Re- enforcement, intelligence operations, or the (6) interfere with ongoing law enforcement view Board is removed from office, and that conduct of foreign relations that is of such proceedings. removal is by the President, not later than gravity that it outweighs the public interest SEC. 5. ESTABLISHMENT AND POWERS OF THE 10 days after the removal, the President in disclosure; or CIVIL RIGHTS COLD CASE RECORDS (II) reveal information described in para- REVIEW BOARD. shall submit to the Committee on Oversight graphs (1) through (9) of section 3.3(b) of Ex- (a) ESTABLISHMENT.—There is established, and Government Reform of the House of Rep- ecutive Order 13526 (75 Fed. Reg. 707; relating as an independent agency, a board to be resentatives and the Committee on Home- to classified national security information); known as the Civil Rights Cold Case Records land Security and Governmental Affairs of (ii) the written recommendation described Review Board. the Senate a report specifying the facts in clause (i)— (b) APPOINTMENT.— found and the grounds for the removal. (I) is provided to the Archivist not later (1) IN GENERAL.—The President shall ap- (B) PUBLICATION.—The President shall pub- than 180 days before the date that is 25 years point, by and with the advice and consent of lish in the Federal Register a report sub- after the date of enactment of this Act; and the Senate, 5 individuals to serve as mem- mitted under subparagraph (A), except that (II) includes— bers of the Review Board, to ensure and fa- the President may, if necessary to protect (aa) a justification of the recommendation cilitate the review, transmission to the Ar- the rights of a person named in the report or to postpone disclosure; and chivist, and public disclosure of civil rights to prevent undue interference with any pend- (bb) a recommended specified time at cold case records. ing prosecution, postpone or refrain from which or a specified occurrence following (2) INITIAL APPOINTMENT.— publishing any or all of the report until the which the material may be appropriately (A) IN GENERAL.—Initial appointments to completion of such pending cases or pursu- disclosed to the public under this Act; and the Review Board shall, so far as practicable, ant to privacy protection requirements in (iii) the Archivist agrees with the written be made not later than 60 days after the date law. recommendation described in clause (i). of enactment of this Act. (3) JUDICIAL REVIEW.— (A) IN GENERAL.—A member of the Review (B) NOTIFICATION.—If the Archivist does (B) RECOMMENDATIONS.—In making ap- not agree with the recommendation de- pointments to the Review Board, the Presi- Board removed from office may obtain judi- scribed in subparagraph (A)(i), the Archivist dent may consider any individuals rec- cial review of the removal in a civil action shall notify the head of the originating body, ommended by the American Historical Asso- commenced in the United States District executive agency, or other Government of- ciation, the Organization of American Histo- Court for the District of Columbia. fice making the recommendation not later rians, the Society of American Archivists, (B) RELIEF.—The member may be rein- than 90 days before the date that is 25 years and the American Bar Association. stated or granted other appropriate relief by after the date of enactment of this Act. (C) EXTENSION.—If an organization de- order of the court. (g) DIGITIZATION OF RECORDS.—Each execu- scribed in subparagraph (B) does not rec- (g) COMPENSATION OF MEMBERS.— tive agency shall make text searchable docu- ommend at least 2 nominees meeting the (1) IN GENERAL.—A member of the Review ments available to the Review Board pursu- qualifications stated in paragraph (3) within Board shall be compensated at a rate equal ant to standards established under section 60 days after the date of enactment of this to the daily equivalent of the annual rate of 552(a)(3) of title 5, United States Code. Act, the deadline under subparagraph (A) basic pay prescribed for level IV of the Exec- (h) NOTICE REGARDING PUBLIC DISCLO- shall be extended until the earlier of 60 days utive Schedule under section 5315 of title 5, SURE.— after the date on which such recommenda- United States Code, for each day (including (1) FINDING.—Congress finds that the public tions are made or 120 days after the date of travel time) during which the member is en- release of case-related documents and infor- enactment of this Act. gaged in the performance of the duties of the mation without notice may significantly af- (D) ADDITIONAL RECOMMENDATIONS.—The Review Board. fect the victims of the events to which the President may request that any organization (2) TRAVEL EXPENSES.—A member of the case relates and their next of kin. described in subparagraph (B) submit addi- Review Board shall be allowed reasonable (2) NOTICE.—Not later than 7 days before a tional recommended nominees. travel expenses, including per diem in lieu of civil rights cold case record is publicly dis- (3) QUALIFICATIONS.—Individuals nomi- subsistence, at rates for employees of agen- closed, the executive agency releasing the nated to the Review Board shall— cies under subchapter I of chapter 57 of title civil rights cold case record, in coordination (A) not have had any previous involvement 5, United States Code, while away from the with the Government office that had posses- with any official investigation or inquiry member’s home or regular place of business sion or control of the civil rights cold case conducted by the Federal Government, or in the performance of services for the Review record, shall take all reasonable efforts to any State or local government, relating to Board. provide the civil rights cold case record to any civil rights cold case; (h) DUTIES OF THE REVIEW BOARD.—

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(1) IN GENERAL.—The Review Board shall (3) TRANSFER OF RECORDS.— clearance prior to being appointed by the Re- consider and render decisions on a deter- (A) IN GENERAL.—Upon termination, the view Board. mination by a Government office to seek to Review Board shall transfer all of its records (c) COMPENSATION.—The Review Board postpone the disclosure of civil rights cold to the Archivist for inclusion in the Collec- shall fix the compensation of the Chief of case records. tion. Staff and other employees in accordance (2) DECISIONS.—In carrying out paragraph (B) PRESERVATION OF RECORDS.—The with title 5, United States Code, except that (1), the Review Board shall consider and records of the Review Board shall not be de- the rate of pay for the Chief of Staff and render decisions on— stroyed, except that the Archivist may de- other employees may not exceed the rate (A) whether a record constitutes a civil stroy routine administrative records covered payable for level V of the Executive Sched- rights cold case record; and by a general records schedule following noti- ule under section 5316 of that title. (B) whether a civil rights cold case record fication in the Federal Register and after (d) ADVISORY COMMITTEES.—The Review or particular information in a record quali- considering comments. Board may create advisory committees to fies for postponement of disclosure under assist in fulfilling the responsibilities of the SEC. 6. REVIEW BOARD PERSONNEL. Review Board under this Act. this Act. (a) CHIEF OF STAFF.— (i) POWERS.— SEC. 7. REVIEW OF RECORDS BY THE REVIEW (1) APPOINTMENT.—Not later than 45 days BOARD. (1) IN GENERAL.—The Review Board shall after the initial meeting of the Review have the authority to act in a manner pre- (a) CUSTODY OF RECORDS REVIEWED BY THE Board, and without regard to political affili- BOARD.—Pending the outcome of the Review scribed under this Act including the author- ation, the Review Board shall appoint an in- ity to— Board’s review activity, a Government office dividual to the position of Chief of Staff of shall retain custody of a civil rights cold (A) obtain access to civil rights cold case the Review Board. records that have been identified and orga- case record for purposes of preservation, se- (2) REQUIREMENTS.—The individual ap- curity, and efficiency, unless— nized by a Government office; pointed as Chief of Staff— (B) direct a Government office to make (1) the Review Board requires the physical (A) shall be a citizen of the United States transfer of records for reasons of conducting available to the Review Board, and if nec- of integrity and impartiality who is a distin- essary investigate the facts surrounding, ad- an independent and impartial review; or guished professional; and (2) such transfer is necessary for an admin- ditional information, records, or testimony (B) shall have had no previous involvement istrative hearing or other official Review from individuals, which the Review Board with any official investigation or inquiry re- Board function. has reason to believe is required to fulfill its lating to civil rights cold cases. (b) STARTUP REQUIREMENTS.—The Review functions and responsibilities under this Act; (3) CANDIDATE TO HAVE CLEARANCES.—A Board shall— (C) subpoena private persons to compel the candidate for Chief of Staff shall be granted (1) not later than 90 days after the date on production of documents and other records the necessary security clearances in an ac- which all members of the Review Board are relevant to its responsibilities under this celerated manner subject to the standard appointed, publish a schedule for review of Act; procedures for granting such clearances. all civil rights cold case records in the Fed- (D) require any Government office to ac- (4) APPROVAL CONTINGENT ON PRIOR CLEAR- eral Register; and count in writing for the destruction of any ANCE.—A candidate for Chief of Staff shall (2) not later than 180 days after the enact- records relating to civil rights cold cases; qualify for the necessary security clearance ment of this Act, begin its review of civil (E) receive information from the public re- prior to being appointed by the Review rights cold case records under this Act. garding the identification and public disclo- Board. (c) DETERMINATION OF THE REVIEW BOARD.— sure of civil rights cold case records; and (5) DUTIES.—The Chief of Staff shall— (1) IN GENERAL.—The Review Board shall (F) hold hearings, administer oaths, and (A) serve as principal liaison to Govern- direct that copies of all civil rights cold case subpoena documents and other records. ment offices; records be transmitted to the Archivist and (2) ENFORCEMENT OF SUBPOENAS.—Any sub- (B) be responsible for the administration disclosed to the public in the Collection in poena issued under this subsection may be and coordination of the Review Board’s re- the absence of clear and convincing evidence enforced by any appropriate Federal court view of records; that— acting pursuant to a lawful request of the (C) be responsible for the administration of (A) a Government record is not a civil Review Board. all official activities conducted by the Re- rights cold case record; or (j) WITNESS IMMUNITY.—The Review Board view Board; and (B) a Government record or particular in- shall be considered to be an agency of the (D) have no authority to decide or deter- formation within a civil rights cold case United States for purposes of chapter 601 of mine whether any record shall be disclosed record qualifies for postponement of public title 18, United States Code. to the public or postponed for disclosure. disclosure under this Act, which shall in- (k) OVERSIGHT.— (6) REMOVAL.—The Chief of Staff shall not clude consideration by the Review Board of (1) IN GENERAL.—The Committee on Over- sight and Government Reform of the House be removed except upon a majority vote of relevant laws and policies protecting crimi- of Representatives and the Committee on the Review Board to remove the Chief of nal records of juveniles. Homeland Security and Governmental Af- Staff for cause on the grounds of ineffi- (2) POSTPONEMENT.—In approving postpone- fairs of the Senate shall have continuing ciency, neglect of duty, malfeasance in of- ment of public disclosure of a civil rights oversight jurisdiction with respect to the office, physical disability, mental incapacity, cold case record, the Review Board shall ficial conduct of the Review Board and the or any other condition that substantially work to— disposition of postponed records after termi- impairs the performance of the responsibil- (A) provide for the disclosure of segregable nation of the Review Board, and shall have ities of the Chief of Staff or the employees of parts, substitutes, or summaries of such a access to any records held or created by the the Review Board. record; and Review Board. (b) STAFF.— (B) determine, in consultation with the (1) ADDITIONAL PERSONNEL.—The Review originating body and consistent with the (2) COOPERATION OF REVIEW BOARD.—The Review Board shall have a duty to cooperate Board may, in accordance with the civil standards for postponement under this Act, with the exercise of the oversight jurisdic- service laws but without regard to civil serv- which of the following alternative forms of tion described in paragraph (1). ice laws and regulations for appointments in disclosure shall be made by the originating (l) SUPPORT SERVICES.—The Administrator the competitive service under subchapter I body: of General Services shall provide administra- of chapter 33 of title 5, United States Code, (i) Any reasonably segregable particular tive services for the Review Board on a reim- appoint and terminate additional employees information in a civil rights cold case bursable basis. as are necessary to enable the Review Board record. (m) INTERPRETIVE REGULATIONS.—The Re- and its Chief of Staff to perform their duties. (ii) A substitute record for that informa- view Board may issue interpretive regula- (2) REQUIREMENTS.—An individual ap- tion which is postponed. tions. pointed as an employee of the Review (iii) A summary of a civil rights cold case (n) TERMINATION.— Board— record. (1) IN GENERAL.—The Review Board shall (A) shall be a private citizen of integrity (3) REPORT.—With respect to each civil terminate not later than 4 years after the and impartiality; and rights cold case record or particular infor- date of enactment of this Act, except that (B) shall have had no previous involvement mation in civil rights cold case records the the Review Board may, by majority vote, ex- with any official investigation or inquiry republic disclosure of which is postponed under tend its term for an additional 1-year period lating to civil rights cold cases. section 4, or for which only substitutions or if the Review Board has not completed its (3) NOMINATIONS.—Before making an ap- summaries have been disclosed to the public, work within that 4-year period. pointment pursuant to paragraph (1), the Re- the Review Board shall create and transmit (2) REPORTS.—Before its termination, the view Board shall consider individuals rec- to the Archivist a report containing— Review Board shall submit reports to the ommended by the American Historical Asso- (A) a description of actions by the Review President and the Congress, including a com- ciation, the Organization of American Histo- Board, the originating body, the President, plete and accurate accounting of expendi- rians, the Society of American Archivists, or any Government office (including a jus- tures during its existence, and shall com- and the American Bar Association. tification of any such action to postpone dis- plete all other reporting requirements under (4) SECURITY CLEARANCES.—A candidate closure of any record or part of any record) this Act. shall qualify for the necessary security and of any official proceedings conducted by

VerDate Sep 11 2014 03:25 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.058 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE S7734 CONGRESSIONAL RECORD — SENATE December 17, 2018 the Review Board with regard to specific Homeland Security and Governmental Af- (2) all departments and agencies of the civil rights cold case records; and fairs of the Senate, the President, the Archi- United States Government should cooperate (B) a statement, based on a review of the vist, and the head of any Government office in full with the Review Board to seek the proceedings and in conformity with the deci- whose records have been the subject of Re- disclosure of all information relevant to civil sions reflected therein, designating a rec- view Board activity. rights cold cases consistent with the public ommended specified time at which or a spec- (2) DEADLINES.—Not later than 1 year after interest. ified occurrence following which the mate- the date of enactment of this Act, and every SEC. 9. RULES OF CONSTRUCTION. rial may be appropriately disclosed to the year thereafter until termination of the Re- (a) PRECEDENCE OVER OTHER LAW.— public under this Act. view Board, the Review Board shall issue a (1) IN GENERAL.—Subject to paragraph (2), (4) NOTICE.—Not later than 14 days after report under paragraph (1). when this Act requires transmission of a the Review Board makes a determination (3) CONTENTS.—Each report under para- record to the Archivist or public disclosure, that a civil rights cold case record shall be graph (1) shall include the following informa- it shall take precedence over any other law publicly disclosed in the Collection or post- tion: (except section 6103 of the Internal Revenue poned for disclosure and held in the pro- (A) A financial report of the expenses for Code of 1986), judicial decisions construing tected Collection, the Review Board shall no- all official activities and requirements of the such law, or common law doctrine that tify the head of the originating body of its Review Board and its employees. would otherwise prohibit such transmission determination and publish a copy of the de- (B) The progress made on review, trans- or disclosure with the exception of deeds termination in the Federal Register. mission to the Archivist, and public disclo- governing access to or transfer or release of (5) OTHER NOTICE.—Contemporaneous no- sure of civil rights cold case records. gifts and donations of records to the United tice shall be made to the President of Review (C) The estimated time and volume of civil States Government. Board determinations regarding executive rights cold case records involved in the com- (2) PERSONNEL AND MEDICAL FILES.—This branch civil rights cold case records, and to pletion of the Review Board’s performance Act shall not require the public disclosure of the oversight committees designated in this under this Act. information that is exempt from disclosure Act in the case of legislative branch records. (D) Any special problems, including re- under section 552(b)(6) of title 5, United Such notice shall contain an unclassified quests and the level of cooperation of Gov- States Code. written justification for public disclosure or ernment offices, with regard to the ability of (b) FREEDOM OF INFORMATION ACT.—Noth- postponement of disclosure, including an ex- the Review Board to operate as required by ing in this Act shall be construed to elimi- planation of the application of any standards this Act. nate or limit any right to file any requests under section 4. (E) A record of review activities, including with any executive agency or seek judicial (d) PRESIDENTIAL AUTHORITY OVER REVIEW a record of postponement decisions by the review of the decisions under section 552 of BOARD DETERMINATION.— Review Board or other related actions au- title 5, United States Code. (1) PUBLIC DISCLOSURE OR POSTPONEMENT OF thorized by this Act, and a record of the vol- (c) JUDICIAL REVIEW.—Nothing in this Act DISCLOSURE.—After the Review Board has ume of records reviewed and postponed. shall be construed to preclude judicial re- made a formal determination concerning the (F) Recommendations and requests to Con- view, under chapter 7 of title 5, United public disclosure or postponement of disclo- gress for additional authorization. States Code, of final actions taken or re- sure of an executive branch civil rights cold (G) An appendix containing copies of required to be taken under this Act. case record or information contained in a ports of postponed records to the Archivist (d) EXISTING AUTHORITY.—Nothing in this civil rights cold case record, obtained or de- required under subsection (c)(3) made since Act revokes or limits the existing authority veloped solely within the executive branch, the date of the preceding report under this of the President, any executive agency, the the President shall have the sole and non- subsection. Senate, the House of Representatives, or any delegable authority to require the disclosure (4) NOTICE OF TERMINATION.—Not later than other entity of the Government to publicly or postponement of such record or informa- 90 days before terminating, the Review disclose records in its possession. tion under the standards set forth in section Board shall provide written notice to the SEC. 10. FUNDING. 4, and the President shall provide the Review President and the Congress of its intention Until such time as funds are appropriated Board with an unclassified written certifi- to terminate its operations at a specified to carry out this Act, the President shall use cation specifying the President’s decision date. such sums as are available for discretionary within 30 days after the Review Board’s de- SEC. 8. DISCLOSURE OF OTHER INFORMATION use to carry out this Act. termination and notice to the executive AND ADDITIONAL STUDY. The bill (S. 3191), as amended, was or- (a) MATERIALS UNDER THE SEAL OF THE agency as required under this Act, stating dered to be engrossed for a third read- the justification for the President’s decision, COURT.— (1) IN GENERAL.—The Review Board may re- ing and was read the third time. including the applicable grounds for post- Mr. CRAPO. I know of no further de- ponement under section 4. quest the Attorney General to petition any bate on the bill. (2) PERIODIC REVIEW.—Any executive court in the United States or abroad to re- branch civil rights cold case record for which lease any information relevant to civil The PRESIDING OFFICER. If there public disclosure is postponed by the Presi- rights cold cases that is held under seal of is no further debate, the bill having dent shall be subject to the requirements of court. been read the third time, the question periodic review and declassification of classi- (2) GRAND JURY MATERIALS.— is, Shall the bill pass? fied information and public disclosure in the (A) IN GENERAL.—The Review Board may The bill (S. 3191), as amended, was Collection set forth in section 3. request the Attorney General to petition any passed. court in the United States to release any in- (3) RECORD OF PRESIDENTIAL POSTPONE- Mr. CRAPO. I ask unanimous consent formation relevant to civil rights cold cases MENT.—The Review Board shall, upon its re- that the motion to reconsider be con- ceipt, publish in the Federal Register a copy that is held under the injunction of secrecy of a grand jury. sidered made and laid upon the table. of any unclassified written certification, The PRESIDING OFFICER. Without statement, or other materials transmitted (B) PARTICULARIZED NEED.—A request for by or on behalf of the President with regard disclosure of civil rights cold case records objection, it is so ordered. to postponement of the public disclosure of under this Act shall be deemed to constitute f a showing of particularized need under rule 6 civil rights cold case records. RELIABLE EMERGENCY ALERT (e) NOTICE TO THE PUBLIC.—On each day of the Federal Rules of Criminal Procedure. that is on or after the date that is 60 days (3) DEADLINE.— DISTRIBUTION IMPROVEMENT after the Review Board first approves the (A) IN GENERAL.—The Attorney General ACT OF 2018 postponement of disclosure of a civil rights shall respond to any request that is subject Mr. CRAPO. Mr. President, I ask cold case record, the Review Board shall pub- to this subsection within 45 days. unanimous consent that the Com- (B) NONDISCLOSURE OF GRAND JURY INFOR- lish on a publicly available website a notice merce, Science, and Transportation that summarizes the postponements ap- MATION.—If the Attorney General determines proved by the Review Board or initiated by that information relevant to a civil rights Committee be discharged from further the President, including a description of the cold case that is held under the injunction of consideration of S. 3238. subject, originating body, length or other secrecy of a grand jury should not be made The PRESIDING OFFICER. The physical description, and each ground for public, the Attorney General shall set forth clerk will report the bill by title. postponement that is relied upon. in the response to the request the reasons for The senior assistant legislative clerk (f) REPORTS BY THE REVIEW BOARD.— the determination. read as follows: (1) IN GENERAL.—The Review Board shall (b) COOPERATION WITH AGENCIES.—It is the A bill (S. 3238) to improve oversight by the report its activities to the Speaker of the sense of Congress that— Federal Communications Commission of the House of Representatives, the Minority (1) the Attorney General should assist the wireless and broadcast emergency alert sys- Leader of the House of Representatives, the Review Board in good faith to unseal any tems. Committee on Oversight and Government records that the Review Board determines to Reform of the House of Representatives, the be relevant and held under the seal by a There being no objection, the com- Majority Leader of the Senate, the Minority court or under the injunction of secrecy of a mittee was discharged, and the Senate Leader of the Senate, the Committee on grand jury; and proceeded to consider the bill.

VerDate Sep 11 2014 04:59 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.058 S17DEPT1 lotter on DSKBCFDHB2PROD with SENATE December 17, 2018 CONGRESSIONAL RECORD — SENATE S7735 Mr. CRAPO. I further ask unanimous (A) each SECC, not less frequently than Alert System for the purpose of recording consent that the Schatz substitute annually, shall— such false alerts and examining their causes. amendment at the desk be considered (i) meet to review and update its State SEC. 7. REPEATING EMERGENCY ALERT SYSTEM and agreed to; that the bill, as amend- EAS Plan; MESSAGES FOR NATIONAL SECU- (ii) certify to the Commission that the RITY. ed, be read a third time and passed; and SECC has met as required under clause (i); Not later than 180 days after the date of that the motion to reconsider be con- and enactment of this Act, the Commission, in sidered made and laid upon the table (iii) submit to the Commission an updated consultation with the Administrator, shall with no intervening action or debate. State EAS Plan; and complete a rulemaking proceeding to modify The PRESIDING OFFICER. Without (B) not later than 60 days after the date on the Emergency Alert System to provide for objection, it is so ordered. which the Commission receives an updated repeating Emergency Alert System messages The amendment (No. 4154) in the na- State EAS Plan under subparagraph (A)(iii), while an alert remains pending that is issued ture of a substitute was agreed to, as the Commission shall— by— (i) approve or disapprove the updated State (1) the President; follows: EAS Plan; and (2) the Administrator; or (Purpose: In the nature of a substitute) (ii) notify the chief executive of the State (3) any other entity under specified cir- Strike all after the enacting clause and in- of the Commission’s findings; and cumstances as determined by the Commis- sert the following: (3) establish a State EAS Plan content sion, in consultation with the Adminis- SECTION 1. SHORT TITLE. checklist for SECCs to use when reviewing trator. This Act may be cited as the ‘‘Reliable and updating a State EAS Plan for submis- SEC. 8. INTERNET AND ONLINE STREAMING Emergency Alert Distribution Improvement sion to the Commission under paragraph SERVICES EMERGENCY ALERT EX- Act of 2018’’ or ‘‘READI Act’’. (2)(A). AMINATION. SEC. 2. DEFINITIONS. (c) CONSULTATION.—The Commission shall (a) STUDY.—Not later than 180 days after In this Act— consult with the Administrator regarding the date of enactment of this Act, and after (1) the term ‘‘Administrator’’ means the the adoption of regulations under subsection providing public notice and opportunity for Administrator of the Federal Emergency (b)(3). comment, the Commission shall complete an Management Agency; SEC. 5. EMERGENCY ALERT BEST PRACTICES. inquiry to examine the feasibility of updat- (2) the term ‘‘Commission’’ means the Fed- (a) GUIDANCE.— ing the Emergency Alert System to enable eral Communications Commission; (1) IN GENERAL.—Not later than 180 days or improve alerts to consumers provided (3) the term ‘‘Emergency Alert System’’ after the date of enactment of this Act, the through the internet, including through means the national public warning system, Administrator shall develop and issue guid- streaming services. the rules for which are set forth in part 11 of ance for State, Tribal, and local govern- (b) REPORT.—Not later than 90 days after title 47, Code of Federal Regulations (or any ments regarding policies and procedures re- completing the inquiry under subsection (a), successor regulation); and lating to emergency alerts. the Commission shall submit a report on the (4) the term ‘‘Wireless Emergency Alert (2) CONTENTS.—The guidance developed findings and conclusions of the inquiry to— System’’ means the wireless national public under paragraph (1) shall include best prac- (1) the Committee on Commerce, Science, warning system established under the Warn- tices and recommendations for— and Transportation of the Senate; and ing, Alert, and Response Network Act (47 (A) the processes and procedures that a (2) the Committee on Energy and Com- U.S.C. 1201 et seq.), the rules for which are State, Tribal, or local government official merce of the House of Representatives. set forth in part 10 of title 47, Code of Fed- should use to issue an alert that will use the The bill (S. 3238), as amended, was or- eral Regulations (or any successor regula- Emergency Alert System or Wireless Emer- dered to be engrossed for a third read- tion). gency Alert System, including information ing, was read the third time, and about the technology used to issue such an SEC. 3. WIRELESS EMERGENCY ALERT SYSTEM passed. OFFERINGS. alert; (a) AMENDMENT.—Section 602(b)(2)(E) of the (B) steps that a State, Tribal, or local gov- f Warning, Alert, and Response Network Act ernment official should take to mitigate the (47 U.S.C. 1201(b)(2)(E)) is amended— possibility of the issuance of a false alert ORDERS FOR TUESDAY, (1) by striking the second and third sen- through the Emergency Alert System and re- DECEMBER 18, 2018 tences; and lated emergency alerting systems; (C) the process that a State, Tribal, or Mr. CRAPO. Mr. President, I ask (2) by striking ‘‘other than an alert issued unanimous consent that when the Sen- by the President.’’ and inserting the fol- local government official should adopt to re- lowing: ‘‘other than an alert issued by— tract a false alert in the case of the issuance ate completes its business today, it ad- ‘‘(A) the President; or of such an alert; journ until 10 a.m., Tuesday, December ‘‘(B) the Administrator of the Federal (D) the annual training of State, Tribal, 18; further, that following the prayer Emergency Management Agency.’’. and local alert origination staff related to and pledge, the morning hour be (b) REGULATIONS.—Not later than 180 days the— deemed expired, the Journal of pro- after the date of enactment of this Act, the (i) issuance of alerts; ceedings be approved to date, the time Commission, in consultation with the Ad- (ii) avoidance of false alerts; and (iii) retracting of false alerts; and for the two leaders be reserved for their ministrator, shall adopt regulations to im- use later in the day, and morning busi- plement the amendment made by subsection (E) a plan by which participants in the (a)(2). Emergency Alert System and the Wireless ness be closed; further, that following SEC. 4. STATE EMERGENCY ALERT SYSTEM Emergency Alert System and other relevant leader remarks, the Senate resume PLANS AND EMERGENCY COMMU- State, Tribal, and local government officials consideration of the House message to NICATIONS COMMITTEES. may, during an emergency, contact each accompany S. 756; further, that the (a) DEFINITIONS.—In this section— other, as well as Federal officials, when ap- Senate recess from 12:30 p.m. until 2:15 (1) the term ‘‘SECC’’ means a State Emer- propriate and necessary, by telephone, text p.m. to allow for the weekly caucus message, or other means of communication, gency Communications Committee; meetings; finally, that all time during (2) the term ‘‘State’’ means any State of regarding an alert that has been distributed the United States, the District of Columbia, to the public. recess, adjournment, morning business, the Commonwealth of Puerto Rico, the (b) RULE OF CONSTRUCTION.—Nothing in and leader remarks count postcloture United States Virgin Islands, Guam, Amer- subsection (a) shall be construed to amend, on the motion to concur with further ican Samoa, the Commonwealth of the supplement, or abridge the authority of the amendment to S. 756. Northern Mariana Islands, and any posses- Commission under the Communications Act The PRESIDING OFFICER. Without sion of the United States; and of 1934 (47 U.S.C. 151 et seq.) or in any other objection, it is so ordered. (3) the term ‘‘State EAS Plan’’ means a manner give the Administrator authority State Emergency Alert System Plan. over communications service providers par- f (b) STATE EMERGENCY COMMUNICATIONS ticipating in the Emergency Alert System or COMMITTEE.—Not later than 180 days after the Wireless Emergency Alert System. ADJOURNMENT UNTIL 10 A.M. the date of enactment of this Act, the Com- SEC. 6. FALSE ALERT REPORTING. TOMORROW mission shall adopt regulations that— Not later than 180 days after the date of Mr. CRAPO. Mr. President, if there is (1) encourage the chief executive of each enactment of this Act, the Commission, in no further business to come before the State— consultation with the Administrator, shall Senate, I ask that it stand adjourned (A) to establish an SECC if the State does complete a rulemaking proceeding to estab- not have an SECC; or lish a system to receive from the Adminis- under the previous order. (B) if the State has an SECC, to review the trator or State, Tribal, or local governments There being no objection, the Senate, composition and governance of the SECC; reports of false alerts under the Emergency at 7:36 p.m., adjourned until Tuesday, (2) provide that— Alert System or the Wireless Emergency December 18, 2018, at 10 a.m.

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TRIBUTE TO THOMAS G. HUNGAR of the House of Representatives, I express my Conference Report to Accompany H.R. 2, the deepest gratitude to Tom for his dedication to Agriculture and Nutrition Act of 2018, I would HON. PAUL D. RYAN this institution, and I extend our very best have voted NO. wishes to him, his wife Jaye, and their chil- OF WISCONSIN Had I been present for Roll Call No. 432, on dren, Brett, Claire, Lance, and Paige. the rule providing for consideration of the Con- IN THE HOUSE OF REPRESENTATIVES f ference Report to Accompany H.R. 2, the Ag- Monday, December 17, 2018 riculture and Nutrition Act of 2018, I would Mr. RYAN of Wisconsin. Mr. Speaker, I rise HONORING THE LIFE OF DAKARAI have voted NO. today to express the appreciation of the entire FAGORALA Had I been present for Roll Call No. 434, on House of Representatives to Thomas G. agreeing to the Conference Report to Accom- Hungar for his exemplary service as General HON. JERRY McNERNEY pany H.R. 2, the Agriculture and Nutrition Act of 2018, I would have voted YEA. Counsel of the House. Tom has been a faith- OF CALIFORNIA ful defender of this institution, its Members, IN THE HOUSE OF REPRESENTATIVES and its prerogatives since his appointment in f Monday, December 17, 2018 2016. Tom’s distinguished legal career has in- KATHRYN WIRKUS cluded service in all three branches of govern- Mr. MCNERNEY. Mr. Speaker, I ask my col- ment. In the Judicial Branch, he served as a leagues to join me in honoring the life of law clerk in the United States Court of Ap- Dakarai Fagorala, who passed away on Sun- HON. ED PERLMUTTER peals for the Ninth Circuit and the Supreme day, August 12, 2018. Dakarai was only 17 OF COLORADO Court of the United States. In the Executive years old and just shy of his 18th birthday IN THE HOUSE OF REPRESENTATIVES Branch, he served in the Office of the Solicitor when he passed as a result of injuries sus- Monday, December 17, 2018 General at the Department of Justice, includ- tained from a fatal car accident. ing as Deputy Solicitor General. Having pre- Dakarai recently graduated with honors from Mr. PERLMUTTER. Mr. Speaker, I rise sented oral argument before the Supreme Deer Valley High School in Antioch, California, today to recognize and honor Kathryn Wirkus Court in 26 cases, Tom is one of our Nation’s where he also played on the basketball team. for her hard work and dedication to the people leading appellate lawyers and an expert on He was an exceptional young man, working a of the 7th Congressional District. constitutional law. part-time job to save money for college and Since I met Kathryn in 2012, she has be- Tom began his Legislative Branch service help his family during his school years. come a friend and an instrumental member of with the House in 2016, as one of only a small He participated in the 2016 National Youth my team. For more than seven years, she has number of lawyers ever to serve as General Leadership Forum for National Security-Diplo- worked in my congressional office as part of Counsel of the House. Under Tom’s guidance macy and competed in the 2016 Amateur Ath- the constituent services team and handled the and leadership, the General Counsel’s Office letic Union’s ‘‘Jam on It’’ Tournament. issues of military and Veterans affairs and aerospace. Her time as a Lieutenant Colonel has provided sophisticated and invaluable Dakarai took great pride in his community in the Air Force brought a wealth of knowl- legal advice and has been a trusted institu- and looked for ways to give back. He was a edge on Veteran’s issues and a shared expe- tional resource for Members, Officers, Com- Junior Deacon at Fellowship Church in Anti- rience she that she was able to relate to with mittees, and staff, regardless of political affili- och and regularly volunteered at homeless the Veterans she helped. She has been a tre- ation. Through excellent legal work and coun- shelters in Contra Costa County, cooking and mendous asset to our team and to the con- sel, undertaken with zeal for the best interests serving meals to veterans and seniors. of the House, Tom and his office have earned stituents we serve. Her relationships with liai- Dakarai was a shining light who touched the the respect of Members on both sides of the sons at federal agencies and within the com- lives of everyone he met. Our community aisle. munity helped ensure she was always able to mourns the loss of Dakarai Fagorala, and our help answer questions, direct folks to the ap- When the House’s institutional interests thoughts and prayers are with his family. were at stake, Tom’s legal advice was always propriate resources, secure long-deserved tailored to safeguarding the House’s constitu- f medals and recognition for Veterans, and even secure money or benefits that were tional prerogatives and protecting the House’ s PERSONAL EXPLANATION vital role in our constitutional structure. Tom owed to Veterans in the district. successfully litigated cases defending and pro- Prior to serving in my congressional office, tecting the House’s constitutionally based sub- HON. WILLIAM R. KEATING Kathryn worked on behalf of Veterans across poena authority. Tom also defended the OF MASSACHUSETTS the state in the Colorado Department of Vet- House and its Officers to preserve and protect IN THE HOUSE OF REPRESENTATIVES erans Affairs. Prior to that, she served in the the House’s longstanding practice of opening United States Air Force for 27 years, retiring Monday, December 17, 2018 each legislative day with a prayer. Additionally, as a Lieutenant Colonel. Her dedication, par- under Tom, the House has filed amicus briefs Mr. KEATING. Mr. Speaker, on December ticularly to women Veterans, is commendable articulating its position on the proper interpre- 12, 2018, I was recovering from an eye sur- and is shown through her work in forming the tation of the Appropriations, Rulemaking, and gery and was therefore unable to be present Colorado Women’s Veterans organization, Speech or Debate Clauses of the Constitution. for the votes on the motion on ordering the which she is the current Vice President. Numerous Members, Committees, and Sub- previous question on the Rule providing for Kathryn has a true gift for working with Vet- committees relied on Tom’s extensive litigation consideration of the Conference Report to Ac- erans and understanding the issues and chal- expertise in connection with investigative and company H.R. 2, the Agriculture and Nutrition lenges they face. Her good nature and sense oversight activities. Finally, Tom defended Act of 2018, the rule providing for consider- of humor always help make Veterans and con- House Members, Officers, and staff in judicial ation of the Conference Report to Accompany stituents feel comfortable and welcome. I ex- proceedings at both the trial and appellate lev- H.R. 2, the Agriculture and Nutrition Act of tend my deepest appreciation to Kathryn els and advised Members and Committees in 2018, and agreeing to the Conference Report Wirkus for the difference she made in the lives connection with their interactions with both pri- to Accompany H.R. 2, the Agriculture and Nu- of many people in our community and for her vate and other governmental entities. trition Act of 2018. service to our country. I will be forever grateful I know that Tom will continue his excep- Had I been present for Roll Call No. 431, on for her service to our team, the district, and tional work wherever the next chapter of his the motion on ordering the previous question the United States of America. I wish her all the impressive legal career takes him. On behalf on the Rule providing for consideration of the best in her next chapter.

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

VerDate Sep 11 2014 03:47 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.001 E17DEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1678 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2018 RECOGNIZING THE BRAVERY OF mentary School’s hard work in creating an en- RECOGNIZING THE SERVICE OF DARRYL TRAPPS vironment for educational attainment that is TOM TORLAKSON recognized as a symbol of exemplary teaching HON. JOHN KATKO and learning. HON. MARK DeSAULNIER OF NEW YORK Lake Road Elementary provides a model for OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES success to all schools by creating a nurturing IN THE HOUSE OF REPRESENTATIVES environment that promotes student develop- Monday, December 17, 2018 Monday, December 17, 2018 ment through problem solving and exploration. Mr. KATKO. Mr. Speaker, I rise today in Principal Erica Weadon inspires a passionate Mr. DESAULNIER. Mr. Speaker, I rise today recognition of Syracuse firefighter Darryl and purposeful mindset that resonates with Congressman MIKE THOMPSON to recog- Trapps, who serves as an emergency re- throughout the entire organization, from the nize Tom Torlakson for his dedicated and pas- sponder at the Carrier Dome during Syracuse teachers, administrators, students, and par- sionate service to our community. A recipient of the Merchant Marine Service University basketball games. During the De- ents. This accomplishment will pay dividends Medal, Tom began his life-long commitment to cember 4th game against Northeastern Uni- for years to come as Lake Road Elementary service as a fireman in assignments such as versity, Mr. Trapps performed CPR on a pa- continues to grow and flourish. Guam, Vietnam, and Thailand. After his serv- tron suffering from a medical emergency. The On behalf of the Eighth Congressional Dis- ice, Tom attended the University of California actions of Mr. Trapps and others in attend- trict of Missouri, it is my great privilege to con- Berkeley, where he earned a Bachelor of Arts ance saved the man’s life. gratulate the entire Lake Road Elementary in History, a Life Secondary Teaching Creden- Since 2004, Mr. Trapps has worked as an School community for this remarkable tial, and a Master of Arts in Education. emergency responder at the Carrier Dome. achievement. Mr. Trapps diligently monitors athletic events Tom has served as a teacher for the Mount Diablo Unified School District, a councilman for emergencies and, before December 4th, f no serious incidents had occurred during his for the City of Antioch, a county supervisor for tenure. However, before the December 4th IN RECOGNITION OF WALTER R. Contra Costa County, and as a legislator in game, a patron went stiff in his seat and BROOKS, JR. both the California State Senate and State As- began suffering a cardiac event. Mr. Trapps sembly. During his tenure in the California recognized the severity of the situation and HON. WILLIAM R. KEATING State Legislature, Tom fought to increase jumped into action. funding for education, implement school nutri- OF MASSACHUSETTS Mr. Trapps arrived to the man’s section and, tion programs and physical education, and im- upon discovering the man had no pulse, IN THE HOUSE OF REPRESENTATIVES prove school safety. He also led the charge began performing chest compressions. Mr. Monday, December 17, 2018 for making the California public school system Trapps was surrounded by concerned more inclusive by eliminating the achievement Mr. KEATING. Mr. Speaker, I rise today in gap, reducing the dropout rate, and funding attendees but his emergency response skills recognition of the life of Walter R. Brooks, Jr., and training allowed him to block out any sort afterschool programs. founder of Cape Cod Today, who passed As the State Superintendent of Public In- of distraction. He administered chest compres- away at the age of eighty-seven. struction, Tom brought his experience and sions while a doctor performed rescue breath- Mr. Brooks has been a pillar of the commu- drive to the California Department of Edu- ing, both of them trying to keep oxygen flow- nity, serving as a voice for Cape Cod. Born in cation where he continued his vow to improve ing to the patient’s brain. 1930 to Walter Rollin Brooks, Sr. and Evelyn Emergency Medical Technicians arrived with our state’s public education system. During his Mae Brooks, he was raised as an only child in a defibrillator shortly after Mr. Trapps began two terms, Tom set new standards for testing Woodbury, Connecticut. At an early age, he assisting the man. They administered two student achievement, expanded programs that knew he wanted to follow in his father’s foot- shocks to the man’s chest with Mr. Trapps meet the needs of children outside of the reg- steps and pursue a career in journalism. Fol- continuing chest compressions between the ular school day, and oversaw a record high lowing his graduation from the University of shocks. On the third shock, the man’s pulse school graduation rate. Tom is also the chair Connecticut, Mr. Brooks went on to serve as returned and he was taken to Upstate Univer- and founder of the California Task Force on a publisher, managing editor, promotion and sity Hospital for further treatment. Mr. Trapps Youth and Workplace Wellness, where he has marketing director for the Village Voice, the had successfully saved the man’s life but im- continued to promote healthier meals and New York Post, the Greenwich CT Times, the mediately returned to his duty. physical activity for students. Naugatuck Daily News, the Amherst MA Jour- Tom Torlakson has left a positive impact on Mr. Speaker, I ask my colleagues in the nal-Record, the Enfield CT Press, the Cape the California public school system and its stu- House to join me in honoring the courageous Codder, and MPG Communications. dents, and the community at large. While his actions of Darryl Trapps. His composure dur- leadership and enthusiasm will be dearly ing this chaotic situation was no easy task and In 1959, Mr. Brooks spent a summer in missed in his official capacity, he will surely his efforts saved the life of another individual. Provincetown, where he met and married the continue to contribute to California. I join with I applaud Mr. Trapps, as well as first respond- love of his life, Patricia. Their love of Cape Congressman MIKE THOMPSON in thanking ers around the country, whose daily actions Cod would lead them to settle in Harwich in Tom for his service to our County, our state, save countless lives. 1965, where they raised their two sons, Todd and Jay. After moving, Walter and Patricia, and our students, and wish him the best in his f who were devoted to improving the accessi- retirement. RECOGNIZING LAKE ROAD bility of news outlets, launched a Cape Cod f ELEMENTARY SCHOOL tourism publication entitled Best Read Guides. HONORING ROBERT E. MOORE In 1998, his passion for his community led him HON. JASON SMITH to establish, Cape Cod Today. One of the nation’s first online-only local news websites, HON. BENNIE G. THOMPSON OF MISSOURI Cape Cod Today has been an integral part of OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES the Commonwealth. IN THE HOUSE OF REPRESENTATIVES Monday, December 17, 2018 Mr. Brooks has always put the people of Monday, December 17, 2018 Mr. SMITH of Missouri. Mr. Speaker, I rise Cape Cod first, constantly trying to figure out Mr. THOMPSON of Mississippi. Mr. Speak- today to congratulate Lake Road Elementary how to better his home. He has stepped up at er, I rise today to honor Mr. Robert E. Moore, School of Poplar Bluff, Missouri for being rec- every point to improve our schools and our a pillar in the Mississippi Delta. ognized as a National Blue Ribbon School in community by using his newspaper to hold in- In the year of 1945, Robert was born on the 2018, a distinction bestowed upon only 349 stitutions and individuals accountable to the 21st day of April. Raised in Greenwood, Mis- public and private schools across the country. people. sissippi, Robert received his undergraduate The National Blue Ribbon Schools Program Mr. Speaker, I am proud to honor the life of degree from Jackson State University and a recognizes public and private elementary, mid- Walter R. Brooks, Jr. for his dedication to graduate degree from the University of South- dle, and high schools based on their overall bettering our community. I ask that my col- ern Mississippi. academic excellence or their progress in clos- leagues join me in recognizing his commit- Moore was a United States Marine Corps ing achievement gaps among student sub- ment to journalism and the people of Cape Veteran. He served in Vietnam and was a groups. This award affirms Lake Road Ele- Cod. Purple Heart Recipient.

VerDate Sep 11 2014 03:47 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.005 E17DEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS December 17, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1679 Robert was best known for his persistent fundraisers and help spread awareness about Kentucky’s longest serving county clerks, Mr. leadership while fighting for the underprivi- ALD. Blake, his family, and his community’s James Lewis who was sworn into office as the leged citizens of Leflore County. Robert efforts to spread awareness of this disease Leslie County Clerk in January 1986. He is reserved as President of the Leflore County helped affect change in Illinois state law and tiring after dedicating 33 years of public serv- Board of Supervisors for more than fifteen led to the designation of December 1st as ice to the people of Leslie County, including years. He recently retired from Mississippi Val- ‘‘Blake Kinnett Day’’. his oversight of nearly 60 elections. ley State University after 271⁄2 years serving Mr. Speaker, I wish to commend Blake for James has garnered the utmost respect of as the Director of the University Center for his resilience in facing his ALD diagnosis. his peers and leaders across the Common- Economic Development. Blake is an inspiration to everyone who hears Mr. Moore has served as Director of the his story. May God bless him and his family. wealth of Kentucky for his astute knowledge, Mid-Delta One Stop Capital Shop, the National f experience, and steadfast integrity in election Center for Excellence, Director of Historical operations. He has instructed election training CELEBRATING NEW YORK FARM- Black Colleges and Universities, Urban Devel- for county clerks in Kentucky for more than 20 ERS AND THEIR CONTRIBUTIONS opment Home Ownership Rehabilitation Pro- years, served as President of the Kentucky gram, and Department Head of the Social TO ‘‘HARVEST FOR ALL’’ County Clerk’s Association from 1999 to 2000, Work Program. He also participated in the and has been Chairman of the Kentucky Lower Mississippi Delta Commission, the Em- HON. JOHN KATKO County Clerk’s Association Election Com- powerment Zone, along with the Delta Indi- OF NEW YORK mittee from 1994 until his retirement this year. IN THE HOUSE OF REPRESENTATIVES vidual Investment Corporation, Mississippi James has served as a guardian for common- Blues Commission, and the Delta Regional Monday, December 17, 2018 sense election reform since 1986 and a Authority. Mr. KATKO. Mr. Speaker, I rise today to staunch advocate for programs and policies His years of hard work and dedication are recognize the farmers in my district, alongside that best serve Kentuckians. worthy of many celebratory remarks. As a pro- the New York Farm Bureau, for their participa- found advocate for economic development, During his tenure as county clerk, James tion in the ‘‘Harvest For All’’ program. ‘‘Harvest has sought out opportunities to offer compas- Moore is highly remembered for his leadership For All’’ is a nationwide program that seeks to and guidance in the construction of the Three sion and additional support to those most in distribute food to needy families and individ- need. In fact, he co-founded the Help A Vet- Rivers Community Development Corporation, uals. Run by farm bureaus and food banks eran Everyday (HAVE) Program to provide Leflore County Micro Loan Program, Leflore across the country, the program has been as- funding for Veterans programs across the County Business Manufacturing Center, sisting underserved communities for nearly state. The HAVE program repurposes license Leflore County Home Ownership Program, two decades. and the Mid-Delta Individual Investment Cor- ‘‘Harvest For All’’ was started in 2002 by plates for bird houses that can be purchased poration. members of the Farm Bureau’s Young Farm- at participating County Clerk’s offices, offering Robert was a lifelong resident of the Brown- ers & Ranchers program but now includes vol- 100 percent of proceeds to the Hope for Vet- ing Community. He was indeed a great inspi- unteers of all ages. The program operates erans charity. ration and took great pride in the betterment of year round and has donated nearly 223 million Aside from going above and beyond the call the quality of his district. He had a vision for pounds of food, as well as amassed over of duty in his role as Leslie County Clerk, a community-owned business which provided 121,000 volunteer hours since it began. Be- James has been a loyal friend of the Repub- opportunities for its people. He saw an expan- tween monetary and food contributions, ‘‘Har- lican Party who proudly works to uphold the sion of the Browning Well as a Community vest For All’’ donates an amount equivalent to conservative principles that he holds dear. Heritage Project. 31 million meals. Moore transitioned on Friday, November 11, James has participated in every election since In New York State, ‘‘Harvest For All’’ has a turning 18 years old, has dedicated his career 2018. He is survived by his three children: strong presence and reaches many New York- Latanya Moore Wallace, Reginald Moore, and to administering six dozen elections, and been ers in need. In 2016, the New York Farm Bu- a valiant pioneer for election reform. He has Robert Andre Moore. reau donated 13.2 million pounds of food, the Mr. Speaker, I honor the life of Mr. Robert served as a tireless member of the Republican second largest total among state Farm Bu- E. Moore for his many years of service and ef- Parties of Leslie County and Kentucky for reaus. They have donated 11 million pounds forts he has put forth in the Mississippi Delta many years and was inducted into the Ken- of food so far in 2018, an amount that trans- as well as the United States of America. tucky Fifth District Lincoln Club Hall of Fame lates to 9,000,000 meals for underprivileged f in 2010. New Yorkers. In addition to food donations, HONORING BLAKE KINNETT the New York Farm Bureau is teaching New James’ leadership has been highly re- Yorkers the culinary knowledge necessary to spected, reliable and resourceful for one of HON. JOHN SHIMKUS prepare healthier foods. Kentucky’s most rural and impoverished coun- OF ILLINOIS Mr. Speaker, I ask my colleagues in the ties. He is a beloved friend to the people of IN THE HOUSE OF REPRESENTATIVES House to join me in recognizing the local farm- Leslie County who has made a lasting impact Monday, December 17, 2018 ers, New York Farm Bureau, and Farm Bu- through his devoted kindness and fortitude for Mr. SHIMKUS. Mr. Speaker, I rise today to reaus around the country, for their participa- a brighter future. I wish James and his wife, honor Blake James Dale Kinnett of Alvin, Illi- tion in ‘‘Harvest For All.’’ During this time of Betty, a retirement filled with joy and peace nois. Blake is the son of John and Becky and year in particular, it is incredibly important we with their daughters, Danika and Wendy, and brother to Kaitlyn and Garet. He is passionate count our blessings and help those who are their grandchildren, Kelsey and R.J. May their about sports, especially baseball and basket- less fortunate. ‘‘Harvest For All’’ is a program gardening and fishing days together be fruitful. ball. By the age of 12, Blake was a two-time that embodies this standard as farmers nation- baseball state champion, and even played in wide strive to improve the quality of life for mil- f a national tournament in Cooperstown, New lions in our great country. I thank the Central PERSONAL EXPLANATION York with the Illiana Chiefs. New York farmers who contribute to this pro- Blake also enjoyed playing basketball in gram year after year and recognize their role Alvin, where a court has been renamed in his in building a better New York. honor. When Blake wasn’t playing sports, he f HON. RICHARD HUDSON enjoyed spending time with his friends and TRIBUTE IN HONOR OF JAMES OF NORTH CAROLINA family as well as fishing and turkey hunting. LEWIS IN THE HOUSE OF REPRESENTATIVES In 2017, Blake was diagnosed with Adrenoleukodystrophy (ALD), a disease that Monday, December 17, 2018 destroys the protective myelin sheath sur- HON. HAROLD ROGERS OF KENTUCKY Mr. HUDSON. Mr. Speaker, I was unavoid- rounding the brain’s neurons. ALD affects 1 in IN THE HOUSE OF REPRESENTATIVES 18,000 people, and to date there is no known ably detained due to the inclement weather in cure. Monday, December 17, 2018 North Carolina and missed votes. Had I been After Blake’s diagnosis, his community ral- Mr. ROGERS of Kentucky. Mr. Speaker, I present, I would have voted YEA on Roll Call lied around him and his family to sponsor rise today to pay tribute to one of Eastern No. 426, and YEA on Roll Call No. 427.

VerDate Sep 11 2014 03:47 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.009 E17DEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1680 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2018 RECOGNIZING KINGSTON community leaders to redevelop the dilapi- PASSAGE OF H.R. 6964, THE JUVE- ELEMENTARY SCHOOL dated structure, more than 2,800 people and NILE JUSTICE REFORM ACT OF businesses pledged the funds needed to help 2018 HON. JASON SMITH the Renew Roanoke effort, which raised $8 OF MISSOURI million to save the hotel from demolition. HON. ROBERT C. ‘‘BOBBY’’ SCOTT IN THE HOUSE OF REPRESENTATIVES In a partnership that included the Virginia OF VIRGINIA Tech Real Estate Foundation and the City of IN THE HOUSE OF REPRESENTATIVES Monday, December 17, 2018 Roanoke, the completely renovated Hotel Ro- Mr. SMITH of Missouri. Mr. Speaker, I rise anoke & Conference Center opened in April Monday, December 17, 2018 today to congratulate Kingston Elementary 1995. The city built a pedestrian bridge to con- Mr. SCOTT of Virginia. Mr. Speaker, today School of Cadet, Missouri for being recog- nect the facility to the central business district, is a great day for our nation’s youth and their nized as a National Blue Ribbon School in a vital connection that has contributed heavily communities. I would like to take a moment 2018, a distinction bestowed upon only 349 to the rebirth of Roanoke’s downtown. It’s esti- and reflect on the passage of H.R. 6964 as public and private schools across the country. mated in the 23 years since its reopening, the amended by the Senate, the Juvenile Justice The National Blue Ribbon Schools Program hotel and conference center has had a $558 Reform Act of 2018, a comprehensive reau- recognizes public and private elementary, mid- million economic impact and has led to hun- thorization of the Juvenile Justice and Delin- dle, and high schools based on their overall dreds of millions of dollars in additional invest- quency Prevention Act of 1974 (JJDPA), academic excellence or their progress in clos- ments by a wide variety of housing interests, which is now headed to the President’s desk ing achievement gaps among student sub- businesses, restaurants, and cultural amen- for his signature. groups. This award affirms Kingston Elemen- ities. Last authorized in 2002, JJDPA sets the tary School’s hard work in creating an atmos- Affiliated as a Doubletree hotel from its re- federal guardrails that protect children in the phere for educational attainment that is recog- opening, the Hotel Roanoke & Conference re- custody of our state juvenile justice systems. nized as a symbol of exemplary teaching and cently converted to Hilton’s Curio Collection. JJDPA contains four core protections for youth learning. It’s the latest update to take the structure in state juvenile justice systems: Built upon the core values of encouraging known for its Tudor-style construction into a Jail Removal: Children in the system cannot learning, inspiring pride, dreaming boldly, and new role in Roanoke’s growth. I’ve been be housed in the same facility as adult offend- supporting others, Kingston Elementary cre- blessed to enjoy countless happy occasions ers, except under limited circumstances. ated a community of learners who strive for with family members and friends at ‘‘the Grand Sight and Sound Separation: In the limited success and work together to proudly achieve Old Lady on the Hill.’’ The Hotel Roanoke’s circumstances that children are housed in the their goals. This school fosters an environment 136th anniversary is just a week away. It’s a same facility as adult offenders, they must that prioritizes education and safety in the fine time to celebrate not only the Christmas have sight and sound separation. school community, one achieved through col- holidays but the contributions made by the Deinstitutionalization of Status Offenders laboration between students, educators, and Hotel Roanoke to the region’s history and its (DSO): Children who have committed status parents. Led by Principal Jenny Boyster and very promising future. offenses—infractions based solely on their age Assistant Principal Marlene King, Kingston El- f (e.g., underage drinking, truancy—cannot be ementary is an inspiration and a model for placed in secure detention, except under lim- APPOINTMENT OF INDIVIDUAL TO schools still striving for excellence. ited circumstances. On behalf of the Eighth Congressional Dis- NATIONAL SECURITY COMMIS- Disproportionate Minority Contact (DMC): trict of Missouri, it is my great privilege to con- SION ON ARTIFICIAL INTEL- State systems must detertmine if their system gratulate the entire Kingston Elementary LIGENCE has disproportionate contact with minority of- School community for this remarkable fenders. achievement. HON. GREG WALDEN These protections were created and refined f OF OREGON over time through Congressional reauthoriza- IN THE HOUSE OF REPRESENTATIVES tions that built upon the evidence-based best RECOGNIZING THE 136TH ANNIVER- Monday, December 17, 2018 practices of states. I’m proud to say that H.R. SARY OF THE HOTEL ROANOKE 6964 makes strides to improve each of the & CONFERENCE CENTER Mr. WALDEN. Mr. Speaker, pursuant to four core protections. The bill improves the section 1051 of the John S. McCain National ‘Jail Removal’ and ‘Sight and Sound Separa- HON. BOB GOODLATTE Defense Authorization Act for Fiscal Year tion’ core protections by simplifying the defini- 2019 (P.L. 115–232), I withdraw the appoint- tion of contact and phasing in sight and sound OF VIRGINIA ment of November 13, 2018, and I appoint the IN THE HOUSE OF REPRESENTATIVES separation for youth under the age of 18 being following individual to the National Security held pretrial in adult criminal court. Monday, December 17, 2018 Commission on Artificial Intelligence: It strengthens the DSO core protection by Mr. GOODLATTE. Mr. Speaker, I am happy Mr. Andrew R. Jassy, Seattle, Washington. increasing the oversight required when a state to recognize a National Historic Landmark lo- f uses one of the limited circumstances avail- cated in my hometown of Roanoke, Virginia in HONORING CLINTON LORENZ able in the law—the valid court order (VCO)— the Sixth Congressional District. The Hotel Ro- to detain a status offender. And the bill refines anoke & Conference Center stands at the HON. LUKE MESSER the DMC core protection to ensure that states heart of Roanoke’s downtown, on a hill in the must collect and report data on decision points OF INDIANA Gainsboro neighborhood where it has been lo- in the juvenile justice system to identify where IN THE HOUSE OF REPRESENTATIVES cated for 136 years. disparities occur. This is a contravention of Roanoke was founded as the confluence of Monday, December 17, 2018 harmful proposals offered by the current Ad- two railroads. The Norfolk and Western Rail- Mr. MESSER. Mr. Speaker, I rise today, on ministrator of the federal Office of Juvenile way established the city as its hub. The behalf of the entire 6th Congressional District Justice and Delinquency Prevention (OJJDP). N&W—now Norfolk Southern—constructed the of Indiana, to recognize Clinton Lorenz for While enactment of H.R. 6964 is a good first Hotel Roanoke and opened it on Christmas being named to the IFCA Class 3A junior All- step, I join my House Republican colleagues Day 1882. Since then, it has welcomed men, State team. who championed this bill in expressing regret women, and children from all walks of life to Clinton started as a lineman for my alma that the legislation in its final form does not go enjoy the hotel’s lodging, its amenities—in- mater, the Greensburg High School Pirates, far enough to improve the core protections. cluding its Southern cuisine, like its famous as a junior. On defense, he had 37 total tack- Specifically, I am disappointed that H.R. 6964 peanut soup—and just the chance to spend les and was a consistent force on the line of does not eliminate the VCO exception to DSO. time in one of the city’s cultural centers. scrimmage on both sides of the ball. The VCO exception was added to JJDPA in Regretfully, due to declining interest in I want to congratulate him on an out- the 1980’s after a push by juvenile court maintaining the historic structure, the Hotel standing season and for representing himself judges. It is used by judges to detain repeat Roanoke closed on November 30, 1989. The with class throughout the season. I ask the status offenders and juveniles who fail to ap- contents of the hotel were even sold to inter- entire 6th Congressional District to join me in pear in court. But the research suggests that ested buyers. Fortunately, thanks to an agree- congratulating Clinton for his dedication, exe- the VCO exception has not been effective as ment with Virginia Tech and the desire of cution, and excellence this season. a means of reducing juvenile delinquency and

VerDate Sep 11 2014 03:47 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.014 E17DEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS December 17, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E1681 has been responsible, in part, for the explo- if implemented correctly, this incentive grant HONORING MS. PATRICIA W. sive growth of young girls in the juvenile jus- program will vastly improve the lives of—and MCDOWELL tice system. The use of the VCO exception long-term economic opportunity for—at-risk has been phased out in about half of the youth across the country. I look forward to HON. BENNIE G. THOMPSON states, and the National Council of Juvenile working with OJJDP as it implements this new OF MISSISSIPPI and Family Court Judges, who once advo- title. IN THE HOUSE OF REPRESENTATIVES cated for its inclusion, have strongly lobbied Monday, December 17, 2018 for its removal. H.R. 6964 also includes a two-year reau- Both bipatiisan versions of this legislation thorization of the Runaway and Homeless Mr. THOMPSON of Mississippi. Mr. Speak- previously passed by the full House would Youth Act (RHYA). RHYA was originally er, I rise today to honor Ms. Patricia W. have required states to phase-out use of the passed as part of JJDPA because this Con- McDowell on the occasion of her retirement from USDA Rural Development following 30 VCO by September 30, 2020, with an allow- gress recognized the importance of alter- years of exemplary service to the State of Mis- ance for states to apply for a hardship exten- natives to detention for youth who were not sion through OJJDP. Due to the objection of sissippi and to the Nation. delinquent but had run away from home or Raised in Jackson, Mississippi, Patricia just one Senator, this provision could not re- foster care. ceive unanimous consent in the Senate. Rath- graduated from Wingfield High School in 1974 er than stopping the other improvements in While originally passed as a part of JJDPA and then attended Jackson State University. the bill from becoming law, this VCO phase- in 1974, RHYA and JJDPA have always been She began her career with the Farmer’s Home out was removed H.R. 6964. H.R. 6964, how- administered separately, and they have been Administration in 1988, following employment ever, will provide additional safeguards for sta- reauthorized separately since 1988. Like with the American Red Cross in service to tus offenders in locked facilities, including lim- JJDPA, RHYA is long overdue for reauthoriza- military families. Patricia’s initial duties with USDA began in the Single Family Housing its on how long status offenders may be de- tion, as it was last reauthorized in 2008. This tained. I urge Congress to eliminate the VCO Program as a Loan Clerk. She was then pro- temporary reauthorization of RHYA dem- moted to the position of Community & Busi- exception once and for all in subsequent legis- onstrates our commitment to its programs, lation. ness Programs Technician, and later she was particularly considering last year’s promoted to the position of Loan Specialist JJDPA is more than just a floor of federal groundbreaking research showing that home- protection—it also requires states to develop within the Community Programs Division. In lessness was experienced by at least 700,000 coordinated plans to serve juvenile offenders February 2017, Patricia was promoted to and prevent children from ever becoming in- unaccompanied minors age 14 to 17 and 3.2 Community Programs Director where she has volved in delinquent activity. H.R. 6964 re- million young adults age 18 to 24 in any given ably led the Division and will retire on Decem- quires, for the first time, state juvenile justice year. ber 31, 2018. In her role as Community Programs Director plans to consider the latest scientific research I want to note that this two-year reauthoriza- for USDA Rural Development in the State of on adolescent development and behavior, rec- tion does not serve as a substitute for a full ognizing the importance of prevention and Mississippi Patricia has provided communities examination of evidence-based best practices throughout the state with access to the serv- early intervention in juvenile crime policy. Con- for service-delivery impacting runaway and gress should not have to mandate consider- ices they need to grow and thrive. She has homeless youth. We still need to pass a com- ensured that Mississippi’s rural citizens have ation of evidence and research, but slogans prehensive RHYA reauthorization that makes and soundbites have unfortunately dictated access to basic necessities such as: safe needed programmatic updates and ensures our nation’s approach to crime policy—even water, electrical utilities, and healthcare serv- authorization for appropriate funding levels. juvenile crime. These slogans and soundbites ices. She has worked diligently to utilize the often do nothing to decrease crime. In fact, I look forward to working with the Gentle- resources under her authority to promote educational opportunities, support law enforce- when studied, many been shown to actually woman from North Carolina, Dr. FOXX and my increase crime. colleagues in this chamber who have long ad- ment and emergency responders, and promote access to childcare and other critical H.R. 6964 also encourages states to con- vocated for a full reauthorization of RHYA, as community facilities. In every aspect of her sider promising practices: Programming to en- well as advocates for runaway and homeless sure youth access to public defenders with ju- work, she has performed professionally and youth providers, to move a full reauthorization with great enthusiasm, and she is a shining venile court experience; the use of ‘problem- of RHYA in the next Congress. solving courts’ as an alternative to probation example for those who will follow in her foot- and confinement; efforts to inform and aid ju- Prevention efforts, especially those targeted steps. veniles in the process of sealing and at our nation’s youth, are our most effective Mr. Speaker, too often we overlook the expunging their juvenile record; and program- way of reducing crime over time. We can many contributions made by the career civil ming to address the needs of girls in or at risk choose to be as strict or as lenient as we want servants of the U.S. Government who work so of entering the system when developing state on adult criminal offenders, but if we are not diligently and professionally in service to their country and community. Patricia has made a plans. focusing our efforts on changing the trajectory career of serving others, and her work has And finally, the bill retools and retitles Title of delinquent youth, we have little chance of had a direct and positive influence on the lives V of JJDPA, the Local Delinquency Prevention reducing crime in the future. It is my sincere Grant program, as the Youth Promise Incen- of literally tens of thousands of Mississippians. hope that H.R. 6964 will help to change the It is my honor to represent Ms. Patricia W. tive Grants for Local Delinquency Prevention trajectory of many young people and get them Program. Title V will now support communities McDowell in Congress, and a privilege to offer on the track to succeeding in school and life, in the planning and implementation of evi- her the genuine gratitude of this chamber in which will strengthen communities across the dence-based prevention and intervention pro- support of three exemplary decades of civil grams specifically designed to reduce juvenile country. service. I congratulate Patricia for her years of and delinquency and gang involvement. Grant In closing, I’d like to thank Chairwoman service and the innumerable contributions she recipients would be required to analyze the FOXX and Representative LEWIS of Minnesota has made to improve the quality of life of rural unmet delinquency prevention needs of youth and their staffs for their steadfast work over Mississippians. I know her service to others is not over, and I wish her the best as she in the community, then develop and implement multiple Congresses to successfully advance moves on to the next chapter of her life. a comprehensive strategy to address those JJDPA reauthorization through both chambers f unmet needs with an emphasis on program and to the President’s desk. I’d also like to coordination. thank my hardworking committee and personal HONORING ALEX STIRN AND Research shows that a community-wide, co- office staff past and present, specifically Chris- TYLER WALTERMAN ordinated approach to delinquency prevention that utilizes a continuum of services can actu- tian Haines, Bobby Vassar, Erin Davies, ally save the community money and improve Rashage Green, Carol Chodroff, Evan Chap- HON. LUKE MESSER OF INDIANA efficiencies. I’d like to especially thank my col- man, David Dailey, Veronique Pluviose, Ilana IN THE HOUSE OF REPRESENTATIVES leagues for working with me on the Title V Bruner, and Jacque Chevalier Mosely for their provisions, which are modeled after a bill I’ve tireless work on both the Youth P.R.O.M.I.S.E. Monday, December 17, 2018 been working on for nearly ten years—The Act and comprehensive JJDPA reauthoriza- Mr. MESSER, Mr. Speaker, I rise today, on Youth P.R.O.M.I.S.E. Act. I am confident that, tion. behalf of the entire 6th Congressional District

VerDate Sep 11 2014 03:47 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.018 E17DEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1682 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2018 of Indiana, to recognize Alex Stirn and Tyler competition in the cycling world. The team fin- to notify the Office of the Senate Daily Walterman for being named to the Class A All- ished eighth overall in the 2018 Tour de Digest—designated by the Rules Com- State team. France, emerged victorious in the Stage 3 mittee—of the time, place and purpose Alex Stirn started as quarterback for the Team Time Trial, and earned seven yellow jer- of the meetings, when scheduled and North Decatur Chargers, as a junior. He seys—along with five stage victories. Indi- any cancellations or changes in the passed for 1,433 yards and threw 12 touch- vidual team members also did well: Greg Van meetings as they occur. down passes. He also rushed for 327 yards Avermaat stood in first place for eight con- As an additional procedure along and for nine touchdowns. He was named to secutive stages, while Damiano Caruso fin- the Class A junior All-State team. ished in 20th place overall. with the computerization of this infor- Tyler Walterman started as tight end for the The BMC organization regularly trains in mation, the Office of the Senate Daily Chargers, as a senior. He had 10 receptions Santa Rosa and the wine country area. They Digest will prepare this information for for 135 yards and two touchdowns. He was are also active in the community. Their ‘‘Cycle printing in the Extensions of Remarks named to the Class A senior All-State team. with Champions’’ ride is done in conjunction section of the CONGRESSIONAL RECORD I want to congratulate them both on an out- with Team Swift, a local youth cycling organi- on Monday and Wednesday of each standing season and for representing them- zation, and many organization officials have week. selves with class throughout the season. I ask ties to the Santa Rosa region. BMC has a his- Meetings scheduled for Tuesday, De- the entire 6th Congressional District to join me tory of producing champion cyclists, and once cember 18, 2018 may be found in the in congratulating Tyler and Alex for their dedi- again displayed their resilience and dedication Daily Digest of today’s RECORD. cation, execution, and excellence this season. in 2018. At the finish line, Damiano Caruso f summed up the overall morale of the team, MEETINGS SCHEDULED HONORING BMC RACING saying, ‘‘At the end of three weeks, I can say that my experience was positive.’’ DECEMBER 19 HON. MIKE THOMPSON Mr. Speaker, BMC Racing has deep roots in the Santa Rosa community, and continues to 2 p.m. OF CALIFORNIA inspire generations of young cyclists. It is Committee on Veterans’ Affairs IN THE HOUSE OF REPRESENTATIVES To hold a joint hearing with the House therefore fitting and proper that we honor the Monday, December 17, 2018 Committee on Veterans’ Affairs to ex- cyclists and owners on their accomplishment amine VA MISSION Act implementa- Mr. THOMPSON of California. Mr. Speaker, in this year’s Tour de France. tion, focusing on tracking trans- I rise today to recognize BMC Racing for their f formation. success in the 2018 Tour de France. HVC–210 SENATE COMMITTEE MEETINGS BMC Racing is headquartered in Santa 2:30 p.m. Rosa, California, in my district. Headed by Title IV of Senate Resolution 4, Committee on the Judiciary former American cyclist Jim Ochowicz, who agreed to by the Senate of February 4, Subcommittee on Antitrust, Competition serves as President and team manager, the 1977, calls for establishment of a sys- Policy and Consumer Rights tem for a computerized schedule of all To hold hearings to examine a compara- team sent six cyclists to the Tour this year, in- tive look at competition law ap- cluding Tejay van Garderen of Tacoma, meetings and hearings of Senate com- proaches to monopoly and abuse of Washington. mittees, subcommittees, joint commit- dominance in the United States and At the 2018 Tour de France, BMC proved tees, and committees of conference. European Union. its abilities once again at the highest levels of This title requires all such committees SD–226

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HIGHLIGHTS Senator-elect Cindy Hyde-Smith, of Mississippi, was administered the oath of office by the President pro tempore. Senate Civil Rights Cold Case Records Collection Act: Chamber Action Senate passed S. 3191, to provide for the expeditious Routine Proceedings, pages S7627–S7735 disclosure of records related to civil rights cold cases, Measures Introduced: Three bills and one resolu- after withdrawing the committee amendment in the tion were introduced, as follows: S. 3760–3762, and nature of a substitute, and agreeing to the following S. Res. 732. Pages S7656–57 amendment proposed thereto: Pages S7727–31 Measures Passed: Crapo (for Jones) Amendment No. 4153, in the nature of a substitute. Pages S7731–34 Trafficking Victims Protection Reauthorization Act: Senate passed S. 1862, to amend the Trafficking READI Act: Committee on Commerce, Science, Victims Protection Act of 2000 to modify the cri- and Transportation was discharged from further con- teria for determining whether countries are meeting sideration of S. 3238, to improve oversight by the the minimum standards for the elimination of Federal Communications Commission of the wireless human trafficking, after agreeing to the committee and broadcast emergency alert systems, and the bill amendment in the nature of a substitute, and the was then passed, after agreeing to the following following amendment proposed thereto: amendment proposed thereto: Pages S7734–35 Pages S7628–31 Crapo (for Schatz) Amendment No. 4154, in the McConnell (for Menendez) Amendment No. 4106, nature of a substitute. Page S7735 of a perfecting nature. Pages S7629–31 House Messages: Frederick Douglass Trafficking Victims Preven- Save Our Seas Act—Agreement: Senate resumed tion and Protection Reauthorization Act: Senate consideration of the amendment of the House of passed H.R. 2200, to reauthorize the Trafficking Representatives to S. 756, to reauthorize and amend Victims Protection Act of 2000, after agreeing to the Marine Debris Act to promote international ac- the committee amendment in the nature of a sub- tion to reduce marine debris, taking action on the stitute, and the following amendment proposed following motions and amendments proposed there- thereto: Pages S7631–36 to: Page S7639 McConnell (for Murray) Amendment No. 4107, to Pending: strike the section of the bill establishing preferred McConnell motion to concur in the amendment of places of accommodation for Federal employees. the House to the bill, with McConnell (for Grassley) Page S7636 Amendment No. 4108, to provide for programs to Modernizing Recreational Fisheries Manage- help reduce the risk that prisoners will recidivate ment Act: Senate passed S. 1520, to expand rec- upon release from prison. Page S7639 reational fishing opportunities through enhanced ma- Division I of McConnell (for Kennedy/Cotton) rine fishery conservation and management, after Amendment No. 4109 (to Amendment No. 4108), withdrawing the committee amendment in the na- to require the Director of the Bureau of Prisons to ture of a substitute, and agreeing to the following notify each victim of the offense for which the pris- amendment proposed thereto: Pages S7636–39 oner is imprisoned the date on which the prisoner McConnell (for Wicker/Manchin) Amendment will be released. Page S7639 No. 4115, in the nature of a substitute. Division II of McConnell (for Kennedy/Cotton) Pages S7638–39 Amendment No. 4109 (to Amendment No. 4108), D1286

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to require the Director of the Bureau of Prisons to Services, appointed the following individual as a notify each victim of the offense for which the pris- member of the Syria Study Group: Lieutenant Gen- oner is imprisoned the date on which the prisoner eral Charles T. Cleveland (US Army, retired), of Vir- will be released. Page S7639 ginia. Page S7727 Division III of McConnell (for Kennedy/Cotton) Swearing in of Senator Hyde-Smith: The Chair Amendment No. 4109 (to Amendment No. 4108), laid before the Senate the certificate of election for to require the Director of the Bureau of Prisons to Senator-elect Cindy Hyde-Smith, of the State of Mis- notify each victim of the offense for which the pris- sissippi, and the oath of office was then administered oner is imprisoned the date on which the prisoner as required by the U.S. Constitution and prescribed will be released. Page S7639 by law. Page S7627 During consideration of this measure today, Senate also took the following action: Maguire Nomination—Cloture: Senate began con- By 82 yeas to 12 nays (Vote No. 267), three-fifths sideration of the nomination of Joseph Maguire, of of those Senators duly chosen and sworn, having Florida, to be Director of the National Counterter- voted in the affirmative, Senate agreed to the motion rorism Center, Office of the Director of National In- to close further debate on McConnell motion to con- telligence. Page S7648 cur in the amendment of the House to the bill, with A motion was entered to close further debate on McConnell (for Grassley) Amendment No. 4108 the nomination and, in accordance with the provi- (listed above). Page S7650 sions of Rule XXII of the Standing Rules of the A unanimous-consent agreement was reached pro- Senate, a vote on cloture will occur upon disposition viding for further consideration of the House Mes- of the House Message to accompany S. 756, to reau- sage to accompany the bill, post-cloture, at approxi- thorize and amend the Marine Debris Act to pro- mately 10 a.m., on Tuesday, December 18, 2018; mote international action to reduce marine debris. and that all time during recess, adjournment, Morn- Page S7648 ing Business, and Leader remarks count post-cloture Prior to the consideration of this nomination, Sen- on the motion to concur. Page S7635 ate took the following action: Abolish Human Trafficking Act: Senate con- Senate agreed to the motion to proceed to Execu- curred in the amendment of the House of Represent- tive Session to consider the nomination. Page S7648 atives to S. 1311, to provide assistance in abolishing Messages from the House: Page S7656 human trafficking in the United States. Page S7628 Additional Cosponsors: Page S7657 Trafficking Victims Protection Act: Senate con- Statements on Introduced Bills/Resolutions: curred in the amendment of the House of Represent- Pages S7657–58 atives to S. 1312, to prioritize the fight against Pages S7655–56 human trafficking in the United States. Page S7628 Additional Statements: CENOTE Act: Senate concurred in the amend- Amendments Submitted: Pages S7658–S7727 ment of the House of Representatives to S. 2511, to Record Votes: One record vote was taken today. require the Under Secretary of Commerce for Oceans (Total—267) Page S7650 and Atmosphere to carry out a program on coordi- Adjournment: Senate convened at 3 p.m. and ad- nating the assessment and acquisition by the Na- journed at 7:36 p.m., until 10 a.m. on Tuesday, De- tional Oceanic and Atmospheric Administration of cember 18, 2018. (For Senate’s program, see the re- unmanned maritime systems, to make available to marks of the Acting Majority Leader in today’s the public data collected by the Administration Record on page S7735.) using such systems. Page S7727 Appointments Syria Study Group: The Chair, pursuant to the Committee Meetings provisions of section 1501 of Public Law 115–254, (Committees not listed did not meet) on behalf of the Majority Leader of the Senate and the Chairman of the Senate Committee on Armed No committee meetings were held.

VerDate Sep 11 2014 04:39 Dec 18, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE8.REC D17DEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D1288 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2018 House of Representatives briefing on best practices for keeping families safely Chamber Action together from Jessica Foster, Youth Villages; Chris- Public Bills and Resolutions Introduced: 11 pub- tine Calpin, Casey Family Programs; and Maridel lic bills, H.R. 7316–7326, were introduced. Sandberg, Together for Good. Page H10269 RELIGIOUS FREEDOM Additional Cosponsors: Pages H10269–70 Commission on Security and Cooperation in Europe: Com- Report Filed: A report was filed today as follows: mittee received a briefing on religious freedom and Report on the Activities of the Committee on government regulation of Islam from Kathleen Col- Small Business 115th Congress (H. Rept. lins, University of Minnesota; Edward Lemon, Dan- 115–1079). Page H10269 iel Morgan Graduate School of National Security; Speaker: Read a letter from the Speaker wherein he Emil Nasrutdinov, American University of Central appointed Representative Francis Rooney (FL) to act Asia; and Peter Mandaville, George Mason Univer- as Speaker pro tempore for today. Page H10213 sity Schar School of Policy and Government. Guest Chaplain: The prayer was offered by the f Guest Chaplain, Reverend Dr. Dan C. Cummins, NEW PUBLIC LAWS Peoples Church Jacksonville, TX. Page H10213 (For last listing of Public Laws, see DAILY DIGEST, p. D1276) Syria Study Group—Appointment: Read a letter H.R. 754, to award the Congressional Gold Medal from Representative Pelosi, Minority Leader, in to Anwar Sadat in recognition of his heroic achieve- which she appointed the following individual to the ments and courageous contributions to peace in the Syria Study Group: Ms. Anne W. Patterson of Falls Middle East. Signed on December 13, 2018. (Public Church, Virginia. Page H10213 Law 115–310) Meeting Hour: Agreed by unanimous consent that H.R. 1207, to designate the facility of the United when the House adjourns today, it adjourn to meet States Postal Service located at 306 River Street in at 12 noon on Wednesday, December 19th for Tilden, Texas, as the ‘‘Tilden Veterans Post Office’’. Morning Hour debate. Page H10213 Signed on December 13, 2018. (Public Law Committee on Transportation and Infrastruc- 115–311) ture—Communication: Read a letter from Chair- S. 2377, to designate the Federal building and man Shuster wherein he transmitted copies of four United States courthouse located at 200 West 2nd resolutions that include two construction Street in Dayton, Ohio, as the ‘‘Walter H. Rice Fed- prospectuses, one alteration prospectus, and one lease eral Building and United States Courthouse’’. Signed prospectus included in the General Services Admin- on December 13, 2018. (Public Law 115–312) istration’s Capital Investment and Leasing Programs. S. 3414, to designate the facility of the United The resolutions were adopted by the Committee on States Postal Service located at 20 Ferry Road in Transportation and Infrastructure on December 12, Saunderstown, Rhode Island, as the ‘‘Captain Mat- 2018. Pages H10213–68 thew J. August Post Office’’. Signed on December 13, 2018. (Public Law 115–313) Quorum Calls—Votes: There were no yea-and-nay S. 3442, to designate the facility of the United votes, and there were no recorded votes. There were States Postal Service located at 105 Duff Street in no quorum calls. Macon, Missouri, as the ‘‘Arla W. Harrell Post Of- Adjournment: The House met at 11:30 a.m. and fice’’. Signed on December 13, 2018. (Public Law adjourned at 11:35 a.m. 115–314) H.R. 3946, to name the Department of Veterans Affairs community-based outpatient clinic in Committee Meetings Statesboro, Georgia, the Ray Hendrix Department of No hearings were held. Veterans Affairs Clinic. Signed on December 14, 2018. (Public Law 115–315) Joint Meetings H.R. 4407, to designate the facility of the United States Postal Service located at 3s101 Rockwell KEEPING FAMILIES SAFELY TOGETHER Street in Warrenville, Illinois, as the ‘‘Corporal Jef- Commission on Security and Cooperation in Europe: On frey Allen Williams Post Office Building’’. Signed Friday, December 14, 2018, Commission received a on December 14, 2018. (Public Law 115–316)

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H.R. 5238, to designate the facility of the United During the balance of the week, Senate may con- States Postal Service located at 1234 Saint Johns sider any cleared legislative and executive business. Place in Brooklyn, New York, as the ‘‘Major Robert Odell Owens Post Office’’. Signed on December 14, Senate Committees 2018. (Public Law 115–317) (Committee meetings are open unless otherwise indicated) S. 3209, to designate the facility of the United Committee on Judiciary: December 19, Subcommittee on States Postal Service located at 413 Washington Av- Antitrust, Competition Policy and Consumer Rights, to enue in Belleville, New Jersey, as the ‘‘Private Henry hold hearings to examine a comparative look at competi- Svehla Post Office Building’’. Signed on December tion law approaches to monopoly and abuse of dominance 14, 2018. (Public Law 115–318) in the United States and European Union, 2:30 p.m., S. 3237, to designate the facility of the United SD–226. States Postal Service located at 120 12th Street Committee on Veterans’ Affairs: December 19, to hold a Lobby in Columbus, Georgia, as the ‘‘Richard W. joint hearing with the House Committee on Veterans’ Af- fairs to examine VA MISSION Act implementation, fo- Williams, Jr., Chapter of the Triple Nickles (555th cusing on tracking transformation, 2 p.m., HVC–210. P.I.A.) Post Office’’. Signed on December 14, 2018. (Public Law 115–319) House Committees f Committee on Financial Services, December 21, Full Com- mittee, hearing entitled ‘‘A Legislative Proposal to Pro- COMMITTEE MEETINGS FOR TUESDAY, vide for a Sustainable Housing Finance System: The Bi- DECEMBER 18, 2018 partisan Housing Finance Reform Act of 2018’’, 9 a.m., (Committee meetings are open unless otherwise indicated) 2128 Rayburn. Committee on Foreign Affairs, December 20, Full Com- Senate mittee, hearing entitled ‘‘The National Debt: Wash- No meetings/hearings scheduled. ington, We Have a Spending Problem’’, 10 a.m., 2128 Rayburn. House Committee on the Judiciary, December 20, Full Com- No hearings are scheduled. mittee, hearing entitled ‘‘Oversight of the Department of f Homeland Security’’, 10 a.m., 2141 Rayburn. Committee on Rules, December 19, Full Committee, CONGRESSIONAL PROGRAM AHEAD hearing on the Senate amendment to H.R. 88, the ‘‘Shi- Week of December 18 through December 21, loh National Military Park Boundary Adjustment and Parker’s Crossroads Battlefield Designation Act’’, 5 p.m., 2018 H–313 Capitol. Senate Chamber Joint Meetings On Tuesday, Senate will continue consideration of Joint Hearing: December 19, Senate Committee on Vet- the motion to concur in the House amendment to erans’ Affairs, to hold a joint hearing with the House S. 756, Save Our Seas Act (legislative vehicle for Committee on Veterans’ Affairs to examine VA MISSION Criminal Justice Reform), with further amendment, Act implementation, focusing on tracking transformation, post-cloture. 2 p.m., HVC–210.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, December 18 12 noon, Wednesday, December 19

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Wednesday: To be announced. ation of the motion to concur in the House amendment to S. 756, Save Our Seas Act (legislative vehicle for Criminal Justice Reform), with further amendment, post- cloture. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Keating, William R., Mass., E1677, E1678 Scott, Robert C. ‘‘Bobby’’, Va., E1680 McNerney, Jerry, Calif., E1677 Shimkus, John, Ill., E1679 DeSaulnier, Mark, Calif., E1678 Messer, Luke, Ind., E1680, E1681 Smith, Jason, Mo., E1678, E1680 Goodlatte, Bob, Va., E1680 Perlmutter, Ed, Colo., E1677 Thompson, Bennie G., Miss., E1678, E1681 Hudson, Richard, N.C., E1679 Rogers, Harold, Ky., E1679 Thompson, Mike, Calif., E1682 Katko, John, N.Y., E1678, E1679 Ryan, Paul D., Wisc., E1677 Walden, Greg, Ore., E1680

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