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

Vol. 165 WASHINGTON, WEDNESDAY, JUNE 26, 2019 No. 108 Senate The Senate met at 10 a.m. and was sume consideration of S. 1790, which DC, and in Iowa. I offer students the called to order by the President pro the clerk will report. opportunity to work alongside my staff tempore (Mr. GRASSLEY). The senior assistant legislative clerk to learn more about our Federal Gov- f read as follows: ernment, and it happens that about A bill (S. 1790) to authorize appropriations two-thirds of my staff were former in- PRAYER for fiscal year 2020 for military activities of terns. This is a wonderful educational The Chaplain, Dr. Barry C. Black, of- the Department of Defense, for military con- opportunity, and I encourage all col- struction, and for defense activities of the lege-age students to apply. fered the following prayer: Department of Energy, to prescribe military Let us pray. personnel strengths for such fiscal year, and NATIONAL DAIRY MONTH O God, You are our hope and for other purposes. Mr. President, on another subject, strength. We find peace and safety in Pending: Wells Enterprises, the maker of Blue Your presence. McConnell (for Inhofe) modified amend- Bunny ice cream, produces more ice Provide our lawmakers with a spirit ment No. 764, in the nature of a substitute. cream in one location than any other of wisdom so that they will trust You McConnell (for Romney) amendment No. place in the United States. That is why to guide them in their striving to be 861 (to amendment No. 764), to provide that Le Mars, IA, is called the Ice Cream guardians of freedom. Lord, give them funds authorized by the Act are available for Capital of the World. the perseverance to face whatever this the defense of the Armed Forces and United It produces over 200 million gallons a States citizens against attack by foreign year, which I appreciate, because I like day brings. Inspire them with the glad- hostile forces. ness that comes from Your guidance. McConnell amendment No. 862 (to amend- to eat ice cream. The Wells Ice Cream Provide them with kind hearts, clear ment No. 861), to change the enactment date. Parlor is one of the busiest tourist at- thoughts, and a quiet faith. May they McConnell amendment No. 863 (to the lan- tractions in our entire State, and I see any falsehood that seeks to banish guage proposed to be stricken by amendment have been there multiple times. the truth which sets people free. No. 764), to change the enactment date. With this being National Dairy McConnell amendment No. 864 (to amend- We pray in Your great Name. Amen. ment No. 863), of a perfecting nature. Month, I am proud to recognize Wells f McConnell motion to recommit the bill to and all of the hard-working farmers the Committee on Armed Services, with in- and dairy workers who produce the PLEDGE OF ALLEGIANCE structions, McConnell amendment No. 865, to great dairy products that are enjoyed The President pro tempore led the change the enactment date. across the country. McConnell amendment No. 866 (to (the in- I yield the floor. Pledge of Allegiance, as follows: structions) amendment No. 865), of a per- RECOGNITION OF THE MAJORITY LEADER I pledge allegiance to the Flag of the fecting nature. United States of America, and to the Repub- McConnell amendment No. 867 (to amend- The PRESIDING OFFICER. The ma- lic for which it stands, one nation under God, ment No. 866), of a perfecting nature. jority leader is recognized. indivisible, with liberty and justice for all. The PRESIDING OFFICER. The Sen- BORDER SECURITY f ator from Iowa. Mr. MCCONNELL. Mr. President, Mr. GRASSLEY. Mr. President, I ask first and foremost, the American peo- RESERVATION OF LEADER TIME unanimous consent to speak as in ple are continuing to hear elected offi- The PRESIDING OFFICER (Mr. morning business for 90 seconds. cials talk a great deal about the hu- CRAMER). Under the previous order, the The PRESIDING OFFICER. Without manitarian and security crisis down on leadership time is reserved. objection, it is so ordered. the southern border. Both sides of the f INTERNS aisle have talked a lot about this issue Mr. GRASSLEY. Mr. President, ever for the past 2 months. CONCLUSION OF MORNING since I was elected to the U.S. Senate, Here is the difference. It is the Re- BUSINESS I have welcomed young Iowans to in- publicans who have actually supported The PRESIDING OFFICER. Morning tern in my office. Internships provide giving the administration and the business is closed. students with the opportunity to gain Agencies the emergency funding they f valuable work experience, to apply the have been begging for. The Republicans things they learn inside the classroom have raised the alarm about the condi- NATIONAL DEFENSE AUTHORIZA- to the real world, and to develop skills tions on the border and have actually TION ACT FOR FISCAL YEAR they will carry with them into the fu- wanted to do something about it. 2020—Resumed ture. Our Democratic colleagues have The PRESIDING OFFICER. Under That is why my office offers year- talked a lot about the issue as well, but the previous order, the Senate will re- round internships in both Washington, for weeks and weeks, talk is all the

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

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VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.000 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4526 CONGRESSIONAL RECORD — SENATE June 26, 2019 House of Representatives has been will- fare’s earliest days—from contami- these horrific weapons have still been ing to do. The House Democrats have nating water to poisoning arrows and posing a threat to international peace. been consistently uncooperative and bullets. Yet this fast-paced industrial- Some of our adversaries are choosing a uninterested in anything except polit- ization of the early 1900s brought forth different path by preserving, modern- ical posturing. They have talked end- a whole new wave of horrors. izing, and using their stockpiles. lessly about the suffering at the border The use of weapons like mustard gas Remember that Syrian dictator but have resisted every effort to actu- caused devastation in the trenches of Bashar Assad’s use of chemical weap- ally make a law and get help on the World War I. President Franklin Roo- ons against his own people was the sub- way. sevelt, in responding to the prolifera- ject of the Obama administration’s For 8 weeks now, the men and women tion of these weapons by our adver- failure to enforce its own so-called red- and children on our southern border saries, mobilized an unprecedented line. We also saw Russian operatives have learned the hard way that the level of chemical production during deploy advanced nerve agents in the ‘‘resistance’’ does not pay the bills. World War II. While neither side de- middle of a residential neighborhood in The New York Times’ editorial ployed chemical agents on the battle- the United Kingdom just last year. board, of all places, wrote 7 weeks ago: field, their murderous use in Nazi con- Thankfully, President Trump has ‘‘Congress, give Trump his border centration camps and Japanese experi- taken a different approach to American money.’’ This was the New York ments rank among the worst atrocities leadership. On two occasions, this ad- Times. Yet, week after week, from the ever. ministration ordered strikes on Syrian House—nothing. Then, during the Cold War, these hor- military targets after the Assad regime First, they objected to including the rific weapons brought new challenges crossed the redline. As my colleagues funding in the disaster bill, and now to our Nation’s strategic defense and to will remember, we also deported Rus- that they finally passed something last communities like Richmond, KY. As sian agents and put in place new sanc- night, it is a go-nowhere proposal that the first chemical agents arrived in my tions following the chemical attack on is filled with poison pill riders that the home State in the 1940s, they were Sergei Skripal. President has indicated he would veto. stored at the Blue Grass Army Depot— The Senate has taken action as well. They had to drag their bill way to the only miles away from schools and The first piece of legislation we passed left to earn the support of most Demo- thousands of families. this Congress, S. 1, included the Caesar crats. As a result, the House has not When I joined the Senate in 1985, the Syria Civilian Protection Act, which made much progress toward actually Army had recently announced plans to holds the Assad regime and its enablers making a law—just more ‘‘resistance begin the destruction of Blue Grass’ more accountable for recent atrocities. theater.’’ stores through a process called inciner- The use of chemical weapons is a The Senate has a better and more bi- ation—literally, burning the agents. stain on human history. It is time for partisan way forward. The bill nego- Imagine that for a moment—just civilized nations the world over to turn HELBY and Sen- tiated by Chairman S throwing a warhead into an oven or a the page once and for all, and the Blue ator LEAHY won huge bipartisan sup- burn pit. Fortunately and understand- Grass Army Depot is ready to do its port in committee. It is a productive ably, nearby residents were concerned part. So this year’s NDAA will author- compromise that will go a long way to about the release of toxins into the air. ize the funding that this facility needs beginning to address the border crisis. Those fears only grew as we learned and the resources for countless instal- There are no poison pills—just a clean about numerous nerve gas leaks at the lations across the country. Each plays bill to provide the emergency appro- depot that had occurred over the pre- an important role in their own commu- priations the White House requested 2 vious decade. nity. long months ago. What happened next was a textbook We have waited long enough. We I hope my Senate colleagues will join example of representative democracy. me in keeping our commitment to fi- should not wait any longer. We must The people of Kentucky used their pass this measure this week. nally finishing this national security voices in the U.S. Senate, and they mission. S. 1790 changed the policy of the Nation and Mr. President, on another matter, made the world a safer place. ECONOMY the National Defense Authorization It has been my privilege for the last Mr. President, on another matter, Act is one of the most significant three decades to have worked alongside speaking of the local impacts of our pieces of legislation we tackle each this community for the safe destruc- work, we are continuing to see evi- year. It addresses many national and tion of these deadly chemicals. This ef- dence that Republican efforts to roll international priorities, but, under- fort would not have been possible with- back harmful overregulation and put neath, there are countless local stories out having had allies like Craig Wil- more tax dollars back in the hands of of servicemembers, families, commu- liams, an incredible local leader who American families and job creators are nities, and installations all across our pored over every detail until he became working. country. the leading expert on the depot. I am proud to say that my home A few weeks ago, I had the oppor- Together, we stopped the Army’s in- State of Kentucky is a strong example tunity to help cut the ribbon on a new cineration plans and convinced the De- of that achievement. With billions of state-of-the-art chemical weapons de- partment of Defense to adopt the safest dollars in new investments, a rising struction facility at the Blue Grass and most advanced alternative for the economic tide for working families, Army Depot in Madison County, which responsible destruction of the stock- and promising, new opportunities like is in my State. For decades, this depot pile. It wasn’t an easy fight, but it was industrial hemp, it is no surprise that has been home to more than a 500-ton a fight worth having, not only to pro- an economic researcher recently called stockpile of lethal chemical agents. tect the Kentuckians who were poten- this moment ‘‘Kentucky’s Best Econ- Now, following years of hard work and tially in harm’s way but also to uphold omy Ever.’’ advocacy, it will be, instead, the place our national commitment to destroy Month after month, more Kentuck- at which this toxic legacy of war will these terrible weapons. ians are entering the labor force and be finally unwound. Earlier this In 1984, President Reagan asserted looking to put their skills to work. We month, the new facility safely de- America’s leadership in calling for an are currently experiencing the lowest stroyed its first munition, and this is international prohibition on chemical unemployment rate ever recorded in just the beginning. This work will con- weapons. Over the next decade, we our State. Job seekers are filling out tinue until the entire stockpile is made international progress toward applications, polishing their resumes, eliminated. that same goal by joining the Chemical and preparing to clock in. The Kentucky accomplishment re- Weapons Convention. The continued Employers are ready too. At last minds us of the terrible role that chem- work in Madison County is part of this count, Kentucky was home to more job ical weapons have played throughout historic commitment. openings than individuals looking for history. Mankind has conscripted Unfortunately, while the United work. The economy in the Bluegrass science onto the battlefield since war- States has been taking these steps, State is red hot.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.002 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4527 These are the results of the pro- Mr. THUNE. Mr. President, I ask funding for research and development growth policies advanced by Repub- unanimous consent that the order for and advanced technology. It authorizes licans in Washington and in State cap- the quorum call be rescinded. funds to modernize our nuclear arsenal itals around the country—generational The PRESIDING OFFICER. Without to maximize our deterrence capabili- tax reform, major regulatory reform, objection, it is so ordered. ties. It also focuses on ensuring that big bites out of the worst parts of S. 1790 we are equipped to meet new threats on Dodd-Frank, eliminating ObamaCare’s Mr. THUNE. Mr. President, there is new fronts, including in space and individual mandate. All this and more no more important congressional re- cyber domains. is helping American workers and sponsibility than providing for our Na- It is important that we invest in American small businesses gain more tion’s defense. There will always be these new areas of the battlefield to en- opportunities, higher pay, and the abil- those who wish our Nation harm, and sure that we are prepared to meet and ity to keep more of what they earn. our Nation must always be prepared to defeat threats. And, of course, this leg- And the good news keeps coming. defend itself. More than that, our Na- islation invests in our troops, the men Just last week, after nearly a decade of tion needs to be ready to defend itself and women who keep our Nation safe the war on coal, the Trump administra- because being prepared for war is a and free. tion finalized the rollback of an strong deterrent to conflict in the first This year’s National Defense Author- Obama-era regulation that threatened place. ization Act will provide our troops to shift Kentucky jobs overseas and As I have said before in this Cham- with a well-deserved 3.1-percent pay in- send energy bills through the roof. In- ber, it is not our strength that tempts crease, which is the largest increase in stead of harnessing America’s abun- our adversaries but our weakness. a decade. It also focuses on addressing dant resources of reliable and afford- Maintaining our strength will ensure the recent significant health and safety able energy, the previous administra- that bad actors, whether they are ter- issues with private on-base housing. It tion tried to coerce every State to rorist groups or major powers, think contains measures to support military drastically restructure its electricity twice before attacking our Nation. In spouses seeking employment and in- systems to conform to Washington’s the words of Ronald Reagan, ‘‘well, to creases access to childcare on military unfeasible and likely illegal restric- those who think strength provokes installations. It also allows parental tions. It is important to remember that conflict, Will Rogers had his own an- leave to be taken in multiple incre- all that self-imposed economic pain swer.’’ He said of the world heavy- ments, which is often a better fit for would have produced little to no mean- weight champion of his day: ‘‘I’ve our military men and women. ingful effect on global emissions. never seen anyone insult Jack I am pleased that once again the Sen- I spent years leading the fight Dempsey.’’ ate has taken up the National Defense against Obama’s anti-coal policies. And This week we are considering the Na- Authorization Act in a timely and bi- with the help of the Trump administra- tional Defense Authorization Act, the partisan fashion. There are few bills tion, we are finally putting a stop to annual legislation to authorize funding more important than this one. I look Washington overregulation. Last for our military and our Nation’s de- forward to passing the National De- week’s decision replaces the so-called fense. Like last year’s NDAA, this bill fense Authorization Act later this Clean Power Plan with a regulation focuses on rebuilding our military and week and ensuring that our military that actually works with States to en- ensuring we are prepared to meet 21st men and women have the tools they courage energy production while also century threats. need to defend our country. The PRESIDING OFFICER. I yield protecting the environment. While many take it for granted that we have the strongest military in the the floor. This President’s commitment to Mid- world, the truth is that in recent years RECOGNITION OF THE MINORITY LEADER dle America is welcome news after our military advantage has eroded. The PRESIDING OFFICER. The years of overreach, overregulation, and Budgetary impasses combined with in- Democratic leader is recognized. policies which seem to have been creased operational demands left our 9/11 VICTIM COMPENSATION FUND dreamt up for the benefit of elite coast- military undermanned, underequipped, al areas but which left a lot of the rest Mr. SCHUMER. Mr. President, I and ill-prepared for the conflicts of the of us way behind. begin this morning with some welcome 21st century. Meanwhile, other major news. After meeting with a group of That wasn’t even the only positive powers have made investing in their 9/11 first responders last night, Leader announcement from just last week. militaries a priority, set on dimin- MCCONNELL gave them his commit- After I reached out to the administra- ishing U.S. influence. ment to move legislation to reauthor- tion, they confirmed that the Depart- In November 2018, the bipartisan Na- ize the Victim Compensation Fund be- ment of Agriculture will continue oper- tional Defense Strategy Commission fore the August recess. That is an im- ating job core centers in several released a report warning that our portant commitment. States, including Kentucky. The three readiness had eroded to the point I thank the leader. We have been centers that were at risk in Kentucky where we might struggle to win a war struggling for years to get not a quar- provide important education and job- against a major power like Russia or ter, not half but the full Victim Com- training services to vulnerable youth China. The Commission noted that we pensation Fund, as well as, of course, in some of my State’s most distressed would be especially vulnerable if we the healthcare for those who bravely communities. Their work gives a boost were ever called on to fight a war on rushed to the towers right after 9/11 to those who need it most. I made an two fronts. That is not a good position and the awful attack. appeal directly to Agriculture Sec- to be in, and restoring our readiness Even more importantly than thank- retary Sonny Perdue and Labor Sec- has to be our top priority. ing the leader, I want to thank the retary Alexander Acosta, and I am We are once again in an era of great first responders who came down here to pleased the decision was reached to en- power competition, while at the same continue their advocacy. I have little sure these centers remain open and time we continue to face threats from doubt that without them, this wouldn’t able to offer young people the tools terrorists and rogue nations. We have have happened. Many of them are sick. they need to excel. to be able to credibly deter—and, if Some of them are dying. These very recent wins are just the necessary, counter—any threat. This week, I spoke to New York po- latest few examples of Republicans’ This year’s National Defense Author- lice detective Luis Alvarez, who is now focus on new economic growth and job ization Act continues the reinvestment in hospice and dying of cancer. He creation throughout all parts of Amer- that we have made in our military. It would normally have been right next to ica, but the list keeps on growing. invests in the planes, the combat vehi- John Feal and the other advocates I suggest the absence of a quorum. cles, and ships of the future, including meeting with Leader MCCONNELL be- The PRESIDING OFFICER. The the Joint Strike Fighter and the future cause his illness never stopped him clerk will call the roll. B–21 bomber, which will be based at from advocating for his compatriots. The senior assistant legislative clerk Ellsworth Air Force Base in my home Instead of him being there, John Feal proceeded to call the roll. State of North Dakota. It authorizes gave Leader MCCONNELL his badge. It is

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He kept coming down, in Mr. President, I also appreciate Lead- about this if the President would stop pain, suffering, and knowing that his er MCCONNELL’s commitment on an- playing all the political games of cancer, caused by 9/11 and the toxins in other front. Yesterday, Leader MCCON- blame, blame, blame. the air, was incurable, but Ray knew NELL promised that the Senate would If Oscar and Valeria had been allowed that if he kept coming down, it would vote on the Udall amendment to the to petition for asylum in the United help others who had not yet gotten Defense authorization bill. Democrats States within El Salvador, if they those cancers but who were sure to get have been urging the leader to allow asked for asylum to come here but did them because they, too, had rushed to this crucial vote on our Iran policy. I it at the El Salvadoran Embassy, as the towers. His effort was about mak- am pleased that this Chamber may Democrats have proposed, they ing sure that friends and families were consider it. I am hopeful that the lead- wouldn’t have had to make this per- cared for. That is what Alvarez stands er and I will be able to come to some ilous journey. If the administration for; that is what Pfeifer stood for; and agreement on the timing of that vote had followed through on foreign aid to that is what all the first responders soon. stabilize their home country’s govern- stand for, particularly those who come This is a debate the Senate should ment, they would not have had to down, and there are many of them. have for the sake of the Constitution, make this perilous journey. If our ports That is the very definition of ‘‘self- which houses the power to declare war of entry were adequately staffed, if we lessness,’’ the same selflessness that here in this branch, for the sake of the had enough asylum judges and our asy- compelled these men and women to Senate, which has ducked too many de- lum laws were respected, they might rush to the towers without a thought bates and too many amendments this not have perished. That is what is at for their own safety, to ensure the safe- year, and for the sake of the American stake. ty of others. people, many of whom are worried that There is a rational solution. It has Now that Leader MCCONNELL has the President will bumble us into an- had bipartisan support in the past, but committed to address this issue before other endless war in the Middle East the President only wants not to solve August, we are making real progress. that nobody wants. the problem—he jumps from proposed We have gotten to the 5-yard line, but I look forward to working with the solution to proposed solution and then we are not over the goal line yet when leader to schedule a time for this very abandons them, and instead he says: it comes to the Victim Compensation important debate, a debate mandated Let’s blame the Democrats. That is a Fund. There are still a few ways this by the Constitution. disgrace by now. Senate could fumble the ball. I will be BORDER SECURITY Mr. President, you are President of there to make sure they will not. Mr. President, finally, on border, the United States. You are head of the As the leader well knows, there is a over the past several weeks, our Nation executive branch. You control what is House and Senate version of the 9/11 has come to grips with the horrendous happening at the border. Much of what bill. The House has already passed its treatment of unaccompanied migrant is happening at the border, President version through the committee. The children at our southern border. The Trump, stems from the chaos and mis- full House should pass it in early July. reports of what is happening at deten- management in your administration. The best way to get this done without tion centers like the one in Clint, TX, Just yesterday, the Acting Commis- fuss or muss, without somebody fum- and Homestead, FL, have shaken the sioner of Customs and Border Protec- bling the ball, as we are on the 5-yard conscience of the Nation. tion, John Sanders, abruptly resigned line, would be to have the Senate vote There are hundreds of kids crammed after just a few weeks on the job, on the House bill. I hope that is what into a facility suited for a few dozen, at throwing an agency already in turmoil the leader will decide to do. most, with no beds to sleep on, no soap into another round of chaos. The man I would also say to the leader, re- or toothbrushes to clean themselves, who will replace him, Mark Morgan, spectfully, that he need not wait for a and not enough diapers for toddlers to was only installed as Acting Director must-pass vehicle. Based on the num- wear. There are 8-year-olds taking care of ICE this month. The Department of ber of cosponsors on the Senate bill, we of 2-year-olds because they have been Homeland Security still lacks a Sen- have 60 votes. I want to thank my col- separated from their parents. Many ate-confirmed leader. league from New York, Senator GILLI- have worn the same clothes for several I saw a report this morning, based on BRAND, for working so hard to round up weeks, many have gotten sick, and sev- reporting in the New Yorker magazine, votes. We have the votes to move this eral have died while in the care of our that even rank-and-file ICE agents who bill separately on the floor and alone. government. It would take very little of the Sen- Yesterday the New York Times re- are not particularly sympathetic to the ate’s time to take up and pass the bill leased this picture—a Salvadoran fa- plight of these migrants are fed up whenever the leader decides to do so. ther and daughter, Oscar Martinez and with the chaos in the administration On an issue as important as this, we 23-month-old Valeria, washed upon the and the erratic nature—one plan one should consider the legislation as banks of the Rio Grande after trying to week, another plan the next week, an- stand-alone rather than tucked inside a cross into the United States. Her tiny other plan the next week, and none of must-pass bill because we know must- head was tucked inside his shirt, her them implemented. They shouldn’t pass bills often don’t pass these days. arm draped around his neck. They were have been implemented because they Again, I appreciate the leader’s com- holding on to each other. wouldn’t do the job. mitment. It means a great deal to the President Trump, I want you to look The President’s actions at the border 9/11 first responders. at this photo. These are not drug deal- are a whirlwind of incompetence lead- I spoke to John Feal this morning. ers or vagrants or criminals; they are ing to pictures like this. We have to He is very optimistic now but also told people simply fleeing a horrible situa- change our policies. me: Make sure we get this done. We are tion in their home country for a better President Trump, if you want to not there yet. Feal and I agree. We are life. know the real reason there is chaos at at the 5-yard line. We have come a long How could President Trump look at the border, look in the mirror. way, 95 yards down the field, but we are this picture and not understand that The President continues to blame not over the goal line yet, and we can- these are human beings fleeing vio- Democrats, but the real problem is the not let a last-minute fumble, one way lence and persecution, willing to risk a President. or the other, stop the Victim Com- perilous, sometimes fatal, journey in Democrats believe we have a moral pensation Fund from being fully funded search of a better life? These people are responsibility to act. Right now, we are

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.006 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4529 working to pass a supplemental appro- one that was fiscally responsible and tries and our own credibility in the priations bill to help improve the con- one that acknowledged Congress’s con- process. Yet these wars drag on and on, ditions for children at the border. The stitutional role as a lawmaking body with no end in sight. House passed its version last night. It and the body responsible for funding Unfortunately, the bill before us, the is a much better bill than the Senate war operations and declaring war. National Defense Authorization Act for version. We should take up the House But after the September 11 attacks, fiscal year 2020, maintains the broken bill in the Senate and send something something seemed to change. In 2001, status quo for OCO, authorizing yet an- to the President as soon as possible and the Bush administration created a fund other $75 billion—a $7 billion increase then make sure the administration called the Global War on Terrorism ac- from last year. It perpetuates the mis- uses funds to improve the conditions at count, sometimes known operatively as guided strategy we have been under- the border immediately. The proposal GWOT, separate from the base budget. taking in the Middle East since the be- that was done by the Senate Appro- From then on, what was once emer- ginning of the wars in Afghanistan and priations Committee, a compromise gency spending for warfighting gaps be- in Iraq. bill between Senator SHELBY and came a general fund that Congress has It continues funding—in dollars and LEAHY, got 30 votes. So there is room used for military spending and pri- weapons and with people—missions for compromise to get something done. marily for operations in the Middle that have no clear end goal for prob- There was only one dissenting vote. East. Year after year, Congress has an- lems that were never ours in the first Once we pass legislation to help solve ticipated this very type of spending, place. For example, it authorizes al- the immediate humanitarian crisis at and year after year it has failed to in- most $5 billion for the Afghanistan Se- the border, we should talk about what tegrate that anticipated spending into curity Forces Fund, and it calls for a else we can do to alleviate the situa- the baseline budget. stabilization strategy in Iraq, Syria, tion, including allowing folks to apply When the Obama administration Afghanistan, Somalia, Yemen, and for asylum in their home countries, in- took over, it changed the name from Libya. But in addition to these dubious cluding more security assistance to GWOT to Overseas Contingency Oper- nation-building investments that lack Central American countries to crack ations, or OCO. This is an account that an overall strategy—at least an overall down on the drug dealers and the vio- was newly created in that administra- strategy communicated to the Amer- lence and the degradation, including tion, but the Obama administration ican people that tells them how these more judges at the border to reduce the left the fundamental practice of GWOT operations will make them safer—there backlog in cases and reduce the strain in place. This was GWOT by a different is still a deeper problem. Congress on temporary housing. name. never authorized military engagement We all—Democrats, Republicans, and When the Budget Control Act was in four out of six of these countries to Americans—have a responsibility to passed in 2011, President Obama re- begin with. act. The Senate, the House, and espe- quested OCO to be exempted from its Article I, section 8 of the Constitu- cially the President need to act, and defense spending limits. That practice tion unequivocally states that Con- the President needs to end the chaos, has continued to this day, such that gress shall have the power to declare end the fearmongering, and get a grip these funds are still exempt from those war—Congress, not the President, not on his administration. limits. the Pentagon, and not someone else in I yield the floor. What has been the result of this tra- the executive branch, but Congress. Re- I suggest the absence of a quorum. jectory? Well, OCO has morphed into gardless of whether engagement in a The PRESIDING OFFICER. The an unaccountable slush fund for the particular country may or may not be clerk will call the roll. Pentagon, insulated from scrutiny and a worthy foreign policy goal, we cannot The senior assistant legislative clerk certainly unchecked by budget spend- escape this point. proceeded to call the roll. ing caps. It is no longer funds that are The Founders could not have been Mr. LEE. Mr. President, I ask unani- provided for unforeseen expenses, and clearer. The executive branch must mous consent that the order for the no one here really pretends otherwise. have authorization from Congress to go quorum call be rescinded. Instead, administrations from both to war. This was understood at the The PRESIDING OFFICER (Mr. parties have continued to ask for bil- time of the founding. It was written SASSE). Without objection, it is so or- lions of these dollars each year, com- into Federalist 69, in which Alexander dered. pletely outside the budget process, for Hamilton explained that this is one of S. 1790 what really are predictable, ongoing the distinguishing characteristics be- Mr. LEE. Mr. President, it is one of activities in the Middle East and else- tween our system and the system from Congress’s main duties—arguably, its where. And Congress has continually which we broke away—from London- single most important duty—to provide enabled them, perpetuating this bro- based national government headed by a for the common defense of our great ken, unaccountable system of budg- King, a King who had the authority to country. That sometimes means and eting and spending. start a war on his own without con- necessarily entails providing addi- Since 2001, Congress has appropriated sulting his Parliament. Our system was tional funds for unforeseen costs and about $2 trillion in total for these to be different, so they put the power emergencies in times of war. Troops funds, accounting for 17 percent of de- to declare war in Congress. might run out of equipment or muni- fense spending during that time period, Why? Well, because it is the branch tions or might need to be transported with each dollar adding to our rising of government most accountable to the through war zones, and it is of the ut- and, indeed, staggering debt of $22 tril- people at the most regular intervals most importance that they have what lion. This is not responsible budgeting, through elections. They did it this way they need and that they can get where oversight, or governance, and it must and designed it this way precisely be- they need to go to fight for our country not continue. cause they understood what is at stake and to protect us against our most In addition to mending this broken, when we go to war. It is not only our pressing and dangerous threats. irresponsible method of financing, it is precious financial resources on the line In the past, Congress provided emer- far past time that we reassess the oper- but our most precious human re- gency supplemental funding to take ations toward which this money is sources—the brave men and women care of precisely these costs. If it didn’t going. who are willing to lay down their lives appropriate enough to begin with or if We have now been in Afghanistan for when we go to war. some of these unforeseen costs arose, 18 years, and we have now been in Iraq So they intended these decisions to perhaps in excess of what Congress had for 16 years. We have deposed Saddam be debated and discussed and consid- already planned for, Congress would fill Hussein, and we have killed Osama bin ered with utmost deliberation and con- the gap and would make adjustments Laden. We have accomplished much of sideration in front of the American to the following year’s base budget to what we set out to do, but we have also people by their elected, accountable account for them. In other words, Con- been pulled into nation building in representatives. gress was doing its job, and it was countries thousands of miles away, For these same reasons, it is as much doing its job in a thoughtful manner— causing serious harm to those coun- Congress’s duty to take an active role

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.007 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4530 CONGRESSIONAL RECORD — SENATE June 26, 2019 in prudently overseeing the operations participation and the utmost care and centers that are nearly bursting at the that it has authorized and denying diligence of all 535 Members of Con- seams and creates overly burdensome funds to those it has not. Unfortu- gress, who themselves have taken an and prohibitive regulations. nately, this National Defense Author- oath to uphold, protect, and defend the The House bill excludes funding for ization Act largely falls short here too. Constitution of the United States. the Department of Defense as re- First, instead of perpetuating these It is about time that Congress exer- quested by the President, underfunds seemingly indefinite wars, it ought to cise its most solemn duty of prudently the Immigration and Customs Enforce- actively prepare a strategy to phase budgeting and strategizing to protect ment Agency, and doesn’t provide fund- out our engagement in the Middle the American people. Providing for the ing for new immigration judge teams East, particularly for authorizations of common defense requires nothing less. to address the significant court back- force that have lasted for almost 20 I yield the floor. log. years. Second, for any remaining au- The PRESIDING OFFICER. The Sen- Just as an example of how far the bill thorizations, it ought to aim for using ator from Texas. goes, there is a section that requires a our resources and our personnel in a H.R. 3401 specific type of exercise for unaccom- way that is far more efficient than the Mr. CORNYN. Mr. President, last panied children in custody. That is the status quo. night the House of Representatives kind of micromanaging that the House Meanwhile, the world has not been passed a funding bill that would pro- of Representatives has included in static since we began the war on ter- vide $4.5 billion in emergency funding their bill. It is inadequate by any ror. Our country is facing new threats. to Departments and Agencies working measure. It ignores the most pressing The national defense strategy laid out to manage the humanitarian crisis on funding needs and instead opts for fed- by President Trump and the adminis- the southern border. I would note it erally mandated exercise. You literally tration does refocus our efforts on has been 2 months—2 months since can’t make this stuff up. stemming the threats posed by Russia President Trump requested that emer- This isn’t an effort to solve the prob- and China, and this NDAA does reflect gency appropriations bill. In the mean- lem or the result of conversations that some of that strategy by addressing time, there have been many who have folks are having with the Agencies that some of our most immediate needs to talked about the overwhelmed capacity are crumbling under the weight of this counter them. at the border and the unhygienic condi- humanitarian crisis. It is simply a par- For instance, it reaffirms defense tions in which some of the migrants tisan messaging document worth no commitments in the Indo-Pacific and were being held, but frankly they seem more than the paper that it is written in the Baltic States, as well as infor- to ignore the cause of that problem, on. mation gathering on technical and nu- pointing mainly to the symptoms—ac- I would add that it stands in stark clear capabilities that can be found in tually, symptoms of their own inac- contrast to the bipartisan bill we are both countries. It also prioritizes the tion. considering here in the Senate. It en- Arctic region, which both Russia and If we had simply acted more prompt- joys broad support. Indeed, it came out China are seeking to leverage. ly, I think many of the problems we of the Senate Appropriations Com- But there are other threats this have seen along the border, where fam- mittee 30 to 1. It represents a com- NDAA fails to address; namely, our ilies and unaccompanied children are promise and a good-faith effort to bring threats in the Western Hemisphere. In being detained and processed according relief to those working to manage the fact, it lacks a comprehensive defense to U.S. law—we could have avoided crisis. Even the Speaker herself de- strategy or plan for the Western Hemi- that. But, instead, the politics seemed scribed the bill to her caucus as a good sphere entirely. It is by no means pru- to overcome good sense here in Wash- bill. So the House has wasted valuable dent to ignore our neighbors to the ington once again, and rather than ap- time passing a bill that stands no south, especially given the rampant in- propriate the money, as the President chance of passing in the Senate and the stability throughout the region, in- requested 2 months ago, to provide the President has already made clear that cluding that caused by the Maduro re- resources they need in order to deal he would veto it if it did. gime in Venezuela. Indeed, if we fail to with this crisis, it just got worse and secure our borders from the immediate worse. I hope we will be able to move quick- threats we face in the Western Hemi- Of course these terrible pictures of ly to pass the bipartisan Senate bill. I sphere, it could become impossible to people that we have seen, which are urge our House Members to come to truly provide for our Nation’s common really hard to look at, showed the the negotiating table with reasonable defense. hardships being borne by some of these goals in mind. We ought to reject the status quo and migrants. Indeed, some have lost their Mr. President, I might add in closing reject the failures evident in this bill lives. People seem to have forgotten some remarks about the Defense au- and the process that brings it to us. why people make the dangerous trip thorization bill, which we will be vot- What we should be doing is drawing across Central America, across Mexico, ing on today or tomorrow. down our OCO account and integrating and into the United States, and that is This is one of the most important this spending into the $642.5 billion simply because they are taking advan- functions that Congress has to support baseline defense budget. We should be tage of congressional inaction when it our men and women in uniform. If you having a real debate on whether we comes to fixing loopholes in our asy- look at the list of Federal priorities, should continue to be entrenched in lum laws, which, if corrected, would certainly national security and defense the Middle East, and we should be ad- provide an opportunity for people to ought to be at the very top. That is justing our defense strategy and the claim asylum in a safer, more orderly why, for the last 58 years running, Con- dollars behind that defense strategy to way. It would also make sure they gress has passed a Defense authoriza- address the most pressing threats we would not have to die in the process of tion bill. face today. making that terrible trip from Central Yet our colleague from New Mexico These matters are some of the most America, across Mexico, and into the has now introduced an extraneous mat- important decisions we will ever be United States. ter that involves a recent aggressive called upon to make in this body as The House bill number matches our contact by Iran and is insisting on a Senators, as officers within the legisla- bill here in the Senate, but the con- vote on that. Actually, they want to tive branch of government who are tents of the bills are quite different. delay the vote until Friday when the sworn to uphold, protect, and defend The Speaker of the House has been Presidential candidates who are run- the Constitution of the United States. working furiously this week to get ning and debating in Miami tonight We should take the time to get these Members on board, taking the bill fur- and tomorrow night can get back to things right. They merit debate over ther and further to the left with each vote. I see no reason for us to delay the the course of months, not simply days revision. vote on the Defense authorization bill or weeks, and they merit not just the House Democrats have now rammed for those folks who have chosen instead participation of the Armed Services through a bill that withholds des- not to do their job here but rather to Committee members but the active perately needed funds from detention run for President.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.009 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4531 We have an important job to do here. to the Paul amendment and, following communities, especially those near I see no reason for the delay. The ma- its disposition, vote on adoption of the military installations where large vol- jority leader has made it clear that he Shelby amendment, with a 60-vote af- umes of certain firefighting foams have is happy to give the Senator from New firmative threshold for adoption; fi- been deployed. Significant exposure to Mexico a vote on this authorization for nally, that following disposition of the the legacy compounds of PFOA and use of military force, that, frankly, I Shelby amendment, the Senate vote on PFOS have been linked to rare cancers don’t believe is necessary, but never- passage of the bill, as amended, if and developmental issues. theless, the majority leader has gener- amended, with 60 affirmative votes re- I got involved with this issue because ously offered a vote on that. We ought quired for passage and that the only it is important but also because two to be voting on that today or tomorrow debate in order be 2 minutes, equally communities in West Virginia were all and not unnecessarily delay our work divided, prior to each vote. too familiar with the PFAS contamina- until Friday just to accommodate the The PRESIDING OFFICER. Is there tion and its effects—Parkersburg, WV, Presidential candidates. objection? which has endured a history of indus- I would say that the Senator from Without objection, it is so ordered. trial PFAS contamination, and Mar- New Mexico’s amendment would at- Mr. MCCONNELL. Mr. President, I tinsburg, which has been impacted by tempt to put handcuffs on this Presi- ask unanimous consent that notwith- the use of firefighting foams. dent unlike any previous President, standing rule XXII, following the dis- My amendment will provide cer- and, indeed, I believe it is probably un- position of H.R. 3401, there be 10 min- tainty to our citizens that the water constitutional. It would impair our utes of debate, equally divided between coming out of their taps is safe—in my ability to respond to further attacks by the managers, remaining on the clo- opinion, that is really not much to Tehran and in a way that would make ture motions filed during Monday’s ses- ask—by requiring that the EPA set a them think that we were weak or irres- sion of the Senate. safe drinking water standard for PFOS olute in responding to their aggression. The PRESIDING OFFICER. Is there and PFOA within 2 years and that it The most important thing we can do is objection? look at regulating other types of PFAS to make clear to the Iranian regime Without objection, it is so ordered. chemicals as the science would merit. that their aggression will not be uni- f It also provides funding and technical assistance to ensure that small and lateral but that we will meet it with EMERGENCY SUPPLEMENTAL AP- rural water systems can monitor and proportional and devastating response. PROPRIATIONS FOR HUMANI- address this contamination. That is a No one wants to go to war in Iran, in- TARIAN ASSISTANCE AND SECU- big issue for our rural State. We have a cluding the President of the United RITY AT THE SOUTHERN BOR- lot of small water systems, and we States. I don’t believe Iran actually DER ACT, 2019 wants to go to war, but they are con- want them to have the same access to tinuing their 30-year conflict with the The PRESIDING OFFICER. Under the science but also to the remediation United States, which has cost Amer- the previous order, the Senate will pro- that large systems have. ican lives and American treasury and ceed to the consideration of H.R. 3401, My legislation will also improve now threatens to block the Strait of which the clerk will report. transparency by requiring emitters to Hormuz, which would cause a huge dis- The bill clerk read as follows: report to the EPA the release of any of ruption to the world economy. A bill (H.R. 3401) making emergency sup- one of hundreds of PFAS compounds I hope we can vote on the National plemental appropriations for the fiscal year into the environment. Sure, we want to Defense Authorization Act. I am happy ending September 30, 2019, and for other pur- know that. Sure, we do. This informa- poses. to vote on the amendment of the Sen- tion is essential for citizens, their local ator from New Mexico. I do not believe The PRESIDING OFFICER. The Sen- governments, and Federal agencies to it will pass, and I do believe it is un- ator from West Virginia. be able to quickly and adequately re- constitutional if it did. But in order to S. 1790 spond to this pollution before it per- get our work done, we need to continue Mrs. CAPITO. Mr. President, I rise to vades the water or the soil. I think this to vote and vote on the Defense author- address two very important bills that increased accountability will con- ization bill and the border supple- are before the Senate this week—the tribute to there being fewer PFAS mental without further delay. National Defense Authorization Act emissions in the first place. I yield the floor. and the border supplemental appropria- Several other bipartisan provisions I suggest the absence of a quorum. tions bill. will accelerate research into PFAS and The PRESIDING OFFICER. The First, on the NDAA, I am pleased their effects on human health and the clerk will call the roll. that this bill meets the needs of our environment. It will ensure collabora- The legislative clerk proceeded to all-volunteer force by providing the tion between Federal agencies and mu- call the roll. brave men and women with one of the nicipalities in addressing the chal- Mr. MCCONNELL. Mr. President, I largest raises in a decade, that of 3.1 lenges posed by contamination, and it ask unanimous consent that the order percent. With the rising threat of coun- will support the research and develop- for the quorum call be rescinded. tries such as China, Russia, and Iran, ment into cleaning up these persistent The PRESIDING OFFICER. Without this NDAA authorizes funding for cru- compounds. objection, it is so ordered. cial defense efforts to make certain Crucially, this approach is rooted in ORDER OF BUSINESS that our military is well prepared and science and a formal rulemaking proc- Mr. MCCONNELL. Mr. President, I equipped to defend this Nation from ess. We have put the Federal Govern- ask unanimous consent that notwith- the threats and challenges we face. ment on a shot clock to act to end standing rule XXII, the Senate proceed The NDAA substitute actually in- agencies’ endless delays in addressing to the consideration of H.R. 3401, which cludes an amendment I offered, joined these challenges without short- was received from the House. I further by my Senate Environment and Public circuiting the regulatory procedures. ask that the time until 2 p.m. be equal- Works chairman, JOHN BARRASSO, of Make no mistake—PFAS are essen- ly divided between the two leaders for Wyoming, by Ranking Member CAR- tial to commerce, but some have been debate only; that at 2 p.m., the Senate PER, and by several other bipartisan co- shown to carry substantial risks. This vote on the bill, with 60 affirmative sponsors. This amendment will for- balanced regulatory strategy should votes required for passage; that if the mally address the PFAS contamination provide the confidence to Americans bill is not passed, it remain pending about which I have spoken on the floor. that we are serious about protecting and open to amendment, with the only It directly mirrors my legislation, the them from this pollution while also not amendments in order being the fol- PFAS Release Disclosure and Protec- upending the economy. lowing: Shelby substitute amendment tion Act, which the committee ap- Another important environmental No. 901; the text of S. 1900, as reported; proved last week. provision that is included in the NDAA a Paul amendment, No. 902, to pay for PFAS pollution is a nationwide prob- substitute is the USE IT Act, which I spending by cutting foreign aid; fur- lem, but its effects are concentrated lo- introduced with Senator WHITEHOUSE, ther, that the Senate vote in relation cally, often in rural and disadvantaged Ranking Member CARPER, and its lead

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.011 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4532 CONGRESSIONAL RECORD — SENATE June 26, 2019 sponsor, Chairman BARRASSO. The USE it out of that committee 30 to 1 last I think you can argue about almost IT Act follows up on the bipartisan ex- week. anything else the Federal Government pansion of the 45Q tax credit for carbon We may not agree on how we got here does, but the No. 1 priority of the Fed- capture, utilization, and storage, which or how best to move forward, but we eral Government is to defend the coun- was passed last Congress. agree that there is a crisis—a major try—the No. 1 thing that we clearly CCUS is key to eliminating CO2 emis- crisis—and that these resources are cannot do by ourselves; the No. 1 thing sions while protecting West Virginia’s needed now. The metrics, the images, that State and local government can be coal and natural gas jobs. Trying to and the stories we all see and hear a partner in on some occasions, but it weave that balance is difficult some- point to the urgency of this dire situa- is not their responsibility, and they do times, but the USE IT Act would pro- tion, so our committee worked in a se- not have the capacity to do what we vide CCUS project sponsors with a reg- rious and bipartisan way, under the need to do to defend the country. So we ulatory playbook so that they would leadership of Chairman SHELBY and are here to take this important step in know what Federal agencies’ expecta- Vice Chairman LEAHY, to address the that. tions are at the start of the process. pressing issues as they are right now. This version, the Senate’s version for This is essential for capital-intensive We can and we must work toward a this year, authorizes $750 billion to projects in their drawing private in- long-term solution to address the im- support the Department of Defense and vestment without having the fear of migration system, but right now, the nuclear and other defense respon- getting trapped in a regulatory purga- today, we all agree that a problem ex- sibilities of the Department of Energy. tory. ists, and our committee has provided a Our adversaries are clearly increasing Our decades-old environmental stat- bipartisan solution, which the leader their military capabilities and their utes never predicted a situation in just said we will be voting on later this military commitments, and we need to which emissions would be captured and afternoon. Let us move forward in that be prepared to do just the same. then actually used for an economic spirit on behalf of the families and the The burden of defending the country benefit. Carbon provides that oppor- men and women in law enforcement is an important one, and, frankly, it tunity, but regulatory standards that who need our support. It is tough down falls on a very small percentage of our do not reflect this new reality, like there. I visited; it is tough. population. About one-half of 1 percent New Source Review, sometimes get in It is crucial that the Senate pass the of the American people serve in the the way. The USE IT Act addresses bipartisan border supplemental funding military. We owe an obligation to that these issues, and it will also fund stud- bill that we passed in the Appropria- one-half of 1 percent to do our best for ies into the pollution reduction bene- tions Committee last week, and I hope them. fits of these technologies. all of my colleagues will join me in This bill supports an across-the- This is the sort of bipartisan and con- supporting it today. We have waited board pay increase of 3.1 percent—a lit- sensus-driven approach that will have a long enough. We can’t afford to wait tle more than inflation. It is the larg- meaningful impact on emissions while any longer. est increase in nearly a decade at a it will protect jobs and drive innova- The PRESIDING OFFICER. The Sen- time when the people who serve see tion in the American economy, and I ator from Missouri. challenges in more areas than we have am glad that we are taking a signifi- S. 1790 seen in a while and coming from dif- cant step toward enacting this bill. Mr. BLUNT. Mr. President, I want to ferent directions than we have seen in I thank Chairman INHOFE and the talk a little bit about a bill we should a while. Armed Services Committee for their pass this week—I believe we will pass This bill reforms military housing. excellent work on the NDAA. It is im- this week—for the 59th straight year. Leader after leader in the military will portant that we pass this bill this There are very few things we author- tell us and make the point that the week. ize every year—frankly, there are very strength of the military is military H.R. 3401 few things we need to authorize every families. So in military housing, par- Mr. President, I am also pleased that year—but the authorizing bill in de- ticularly the family housing, there was the Senate will soon vote to pass bipar- fense is the opportunity for the coun- thought to be a great idea a couple of tisan legislation to provide resources try and the Congress to look at what decades ago to privatize family hous- that will address the humanitarian cri- we need to do now that is more appro- ing. For a couple of years, it looked sis at our southern border. I am the priate than what we needed to do a like a great idea, but I think it is time chairman of the Homeland Security year ago to defend the country. we look again at our housing obliga- Subcommittee on Appropriations, and I Certainly the men and women who tions and how they are being met. have spoken many times about the serve in the military do that job in a We need to look at what we can do to need to pass a supplemental funding selfless way, and they deserve the best be sure that the spouses of those serv- bill. we can do to be sure they are never in- ing have an opportunity, when they are Last night, the House of Representa- volved in an unfair fight. We want to transferred to a new location, to be tives passed its version of the emer- be sure they are always involved in a able to get to work as quickly as pos- gency border supplemental. fight in which they have every possible sible in the field they are prepared to Actually, to be more accurate, I advantage. They put their lives on the work in. In Missouri, in January of this would say the Democrats in the House line to keep us safe, and it is up to us year, the first spouse of someone who passed their partisan version of a to be sure they have the equipment, had been transferred to our State was Homeland Security bill. I think the the training, and the authorization sworn in immediately to the bar so she top-line numbers in the House bill may they need and the authorities they could immediately begin practicing be similar, but the policy implications need to carry out their work. law. Like any attorney, there are prob- of that bill are vast. Every year about this time, we move ably some future legal training re- Time is of the essence here. I spoke toward the authorizing of what the quirements during the course of the about this last week on the floor. Time Congress thinks the military needs. following months. But to be able to go is moving quickly to meet this crisis That is followed later by an appropria- to work—whether as a medical techni- that everyone agrees is occurring at tions bill that is directed in substantial cian or a doctor or a lawyer or an elec- our southern border. ways by what this bill says should hap- trician or a welder—should be a pri- The partisan House bill would be ve- pen. In fact, the only thing the appro- ority of the country. toed by President Trump. What is priations bill normally does is deter- I asked Secretary of the Air Force needed is not more partisanship; what mine whether it can all be funded and Heather Wilson, when she testified be- is needed is a bill that will become law in what segments it is to be funded. fore the committee: What is the best so that we can get those resources to We are debating this bill. I hope both thing we can do for military families? the southern border. That is why I am Chambers—the House and the Senate— I sponsored some legislation a few encouraged and proud that a bipartisan can pass this authorization bill as we years ago so that military families can compromise was reached in the Senate move on to our next step in this proc- move earlier or stay longer for a job, Appropriations Committee. We passed ess of defending the country. for work, or for school. That makes a

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.013 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4533 difference to their families. If you need There are other aircraft that we need I yield the floor. to go 2 months earlier than your serv- to be sure have a viable part in the The PRESIDING OFFICER (Mr. ing spouse to get started in the school country’s future. The NDAA bill we are CRAMER). The Senator from Mis- year at the right time or if you need to talking about provides an additional 24 sissippi. stay 2 months later or need up to 6 F–18 Super Hornets to the Navy and be- S. 1790 months of transition time, that is gins the purchase of 8 F–15s for the Air Mr. WICKER. Mr. President, I hope available now. Of course, that is begin- Force. All those planes are made in St. we will vote later on today to advance ning to have an impact on people’s de- Louis. the NDAA, the National Defense Au- cision to stay in the military, if their The bill also includes critical mission thorization Act. Members who have family is considered as a priority and support for the A–10 Warthog, a plane been around here a long time realize flexibility is part of that priority. that our colleague Senator MCSALLY is what a bipartisan tradition this has I asked Secretary Wilson for two pleased to have flown and flown well. been for the Senate. Those listening to things that we still need improvement By the way, I had a chance to intro- us should appreciate that and I think on. One was to be sure to have the best duce her the other day, and I almost take note of basically a half-a-century schools possible near those military ran out of firsts. She was the first tradition of passing this national de- bases, and two was to be sure that woman to fly in combat and the first fense bill on a bipartisan—overwhelm- spouses can go to work and that they woman to command a combat unit in ingly bipartisan—basis each year. We can go to work, if they want to go to combat. She has 356 combat hours that don’t let a year pass. We have been able work, in the area they are trained for. she herself flew. She is the first person, to successfully do that for approxi- So this allows for more effort to be of 260 senior military officers, to grad- mately half a century. We will see later made, to be sure that we are working uate No. 1 in that advanced training on today whether that tradition will with the Council of State Governments class. continue, and I believe it will. on a certification program where you The Missouri National Guard also I think we will be able to work some- could move to a State and quickly be flies the A–10. I have been with them thing out with the House of Represent- doing that. Reciprocal opportunities when they were flying in Eastern Eu- atives. There are some differences that for that quick transition is important. rope. That A–10 capacity continues to have emerged over there that we did There are changes in this bill that be critical. not have in the Armed Services Com- support families with special needs and The NDAA authorizes missile pro- mittee when we reported overwhelm- support how you deal with a childcare grams between the United States and ingly just a few weeks ago. provider on a military base, and there Israel, where we have actually learned I am very hopeful that we will con- are things here to enhance suicide pre- that you can target an incoming mis- tinue this tradition. I hope we will do vention and family advocacy programs. sile. Things like the Iron Dome, Arrow so particularly this year to build on These are all critical, not only for peo- 3, David’s Sling, have all—fortunately the great progress we have made the ple serving but for people wanting to for Israel, fortunately for our military last couple of years. I think we should continue to serve. capacity—been proven to work against admit on both sides of the aisle that we As I said before, the military family incoming missiles. These programs had perhaps let our national security is one of our Nation’s greatest assets, help Israel defend itself. They also in- slip a little in terms of a priority over and the serving spouse is not the only crease our capability to do what they one serving. The serving spouse is not the last several years. We rectified that need to do. the only one transferred to a new mili- a couple of years ago. What we have Finally, Senator HAWLEY from Mis- tary location. The serving spouse is not done not only at the authorization souri, Senator MANCHIN from West Vir- the only one who has to be happy with level but also at the appropriations ginia, and I have proposed an amend- the commitment to decide that you are level is send a strong signal to our al- ment to the NDAA to make May 1 Sil- going to go ahead and reenlist, and we lies around the world that we are back ver Star Service Banner Day. Along need to be aware of that. to emphasizing strength and back to This legislation supports military with Senator McCaskill, my colleague emphasizing protection of Americans construction projects, including the who just left, I have been doing this an- and American interests but also a sig- Army National Guard Readiness Center nually for some time. We think this nal to those who would wish us ill. in Springfield, MO, where I live; the ve- would be a great year to make this a We know how dangerous the world is hicle maintenance facility at White- permanent recognition of the Silver now. I think if any of the 100 of us or man Air Force Base in our State; and Star families. those within the sound of my voice the C–130 flight simulator facility at I would particularly like to recognize were asked the question ‘‘Is the world Rosecrans in St. Joe. They are all in- Diana Lynn Newton, the cofounder of safer today than it was 2 years ago cluded in this authorization project. Silver Star Families of America, who when we started on this quest to re- Projects like these are necessary to en- passed away earlier this year. She and build our defense?’’ I think the answer sure that our military is ready to fight her husband Steve were the driving would be no. The world still needs the and also to support their needs when force behind the organization, and they strength of the United States of Amer- they are at home. helped thousands of veterans who were ica to keep those trade lines open and America’s defense posture includes otherwise getting very little recogni- to maintain the peace to which we what is known as the nuclear triad. tion for their Silver Star service. We have become so accustomed. This means that we have three ways we are saddened by that loss. Hopefully, We will pass this bill, and then we can deliver a nuclear warhead. We hope one of the things we will do in this bill will have the task—and I want every- to never have to have that happen. But to recognize her great commitment is body to understand this—we will have if our adversaries have this capacity, to make the Silver Star recognition the task of getting the bills done to ac- our capacity has to exceed theirs, and day an annual event. tually pay for what we authorize. That this bill ensures that that continues to There are bipartisan priorities here is where, quite frankly, I am worried— be the case. in this bill that deal with the needs of with some of the talk I hear around The 509th and the 131st Bomb Wings the military and their families. The town about perhaps negotiations going at Whiteman Air Force Base host one pay raise is a significant part of this on between Democrats and Republicans of the legs of that triad. Earlier this bill. But being sure that the No. 1 job over here, between House and Senate year, the Air Force announced that of the Federal Government—defending Members, and even in the executive Missouri will host the B–2’s replace- the country—continues to be recog- branch—about just not quite getting to ment. The principal B–2 location at nized as the No. 1 job makes this a comprehensive appropriations bill Whiteman Air Force Base will host the unique annual reauthorization of the this year. B–21 Raider as it becomes available to Defense bill so important. I look for- Perhaps some people say that we can replace that plane that has served the ward to seeing this Congress pass this save a little money on the margin sim- country for so long. I am proud to sup- bill this week in the Senate and, hope- ply by having what we call a con- port what we need to do to make that fully, soon after that, in both the Sen- tinuing resolution—what they call, at transition. ate and the House. the Pentagon, a CR—to just fund the

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Let’s pass is called domestic spending, and that is ity to defend the United States of this bill this week, send it to the another 50 percent, approximately. America. House, negotiate the differences that I am here to tell you that if you ask Here is what Gen. Joe Dunford, the we have at the NDAA level, and patri- the experts who are charged with de- Chairman of the Joint Chiefs of Staff, otically do what we have done now for fending this great United States of said earlier this year. And he wasn’t on 58 straight years, but then, when we America, they will tell you that a con- some soapbox; he was just answering get back from this Independence Day tinuing resolution is not only a mis- questions from a Member of the U.S. break with our patriotic citizens and take for the United States of America, Senate. He said: ‘‘[Past CRs have] de- our families, let’s get serious about ar- it is a disaster for national defense. We layed new starts and it’s been incred- riving at a compromise number that need to raise this issue and to point ibly inefficient in how we prioritize gets us where we need to be in terms of out what the people are saying that we and allocate resources.’’ continuing to make sure we have the rely on. Former Secretary of Defense Pat resources to protect the United States The Pentagon has made progress the Shanahan said: ‘‘A Continuing Resolu- of America. last couple of years. We have com- tion would hamstring the Department I yield the floor. mitted to a 355-ship Navy. We are re- . . . we cannot start new initiatives The PRESIDING OFFICER. The Sen- building the Army, Navy, Air Force, . . . our funding would be in the wrong ator from Maryland. Marines, and the Coast Guard. I can accounts . . . and we would lose buying BORDER SECURITY tell you that a continuing resolution, power.’’ Mr. CARDIN. Mr. President, this ad- according to the experts—the uni- Is that what we want, rather than do ministration is in crisis when it comes formed people we put in office to make our jobs, rather than do hard negotia- to border security. John Sanders, the us safe—would reverse this progress. It tions between Democrats and Repub- acting head of U.S. Customs and Bor- would stop new programs, it would cur- licans and the administration and der Protection, resigned yesterday as a tail production ramp-ups, and it would agree on a figure for domestic and na- result of the growing scandal and mis- inhibit the flexibility necessary to tional security that we don’t love but treatment of migrants, including chil- make good resource allocations. that gets us where we need to be in dren. A weeklong CR would be a mistake. terms of defending the country? According to the Associated Press A yearlong CR would be a catastrophe Gen. David Goldfein, the top Air and NBC News reports, almost 300 mi- for the defense of the United States of Force four star in the land, said: ‘‘[A] grant children have been removed from America. CR would have a significantly negative a Border Patrol facility in Texas after With regard to the Navy and Marine impact.’’ Is that what we want to have media reports of lawyers describing Corps, it would delay heavy mainte- for the Air Force, a significantly nega- ‘‘appalling’’ and potentially dangerous nance for the Harry S. Truman aircraft tive impact? He said: ‘‘[I]t would put conditions, DHS officials told NBC carrier. It would prevent the new guid- our end strength growth at risk be- News. Lawyers who recently visited ed missile frigate program from even cause we would not be able to bring on two Texas facilities holding migrant starting. We have authorized this. We the additional Airmen we need.’’ children described seeing young chil- have already spent money getting GEN James McConville, Vice Chief of dren and teenagers not being able to ready for it. It would prevent the new Staff of the Army, said: ‘‘A continuing take showers for days or even weeks, guided missile program from begin- resolution would be devastating to the inadequate food, flu outbreaks, and ning. It would cut the planned oper- United States Army.’’ prolonged periods of detention. The fa- ations and maintenance budget by This is not a politician; this is some- cility in question has a capacity of nearly $6 billion. It would cut O&M body who has given his career—given about 100 people. Yet 300 migrant chil- funds that are critical for readiness. It his professional adult life to being an dren were there. would prevent 18 critical research and officer in the U.S. Army. He said that The children who were removed were development efforts from starting, in- a continuing resolution ‘‘would be dev- being held at a border station in Clint, cluding large, unmanned surface vessel astating to the United States Army.’’ TX. Some were wearing dirty clothes maritime drones and artificial intel- Surely the elected representatives in covered with mucous and even urine, ligence development. This would be the House and Senate can heed the said one advocacy organization. Teen- part of the result of a 1-year con- words of these patriots and come to an age mothers wore clothing stained with tinuing resolution. It would prohibit agreement. breast milk. None of the children had funding for 33 critical military con- According to Lt. Gen. David Berger, access to soap or toothpaste, according struction projects. A 1-year CR or even Deputy Commandant of the Marine to officials at the Immigrants’ Rights a shorter CR would prevent, during its Corps for Combat Development, ‘‘Pro- Clinic at Columbia Law School. Some existence, procurement of one Virginia curements are going to be delayed. New migrants were sleeping on concrete class submarine, one fleet ocean tug, starts you cannot do.’’ These are new benches or even outside at Border Pa- and two landing craft utility vessels to starts that we voted for and are expect- trol stations. This happened in the support our marines during this time ing that the Department wants to do. If United States of America, not some when the world is more dangerous than we pass a CR, they will not be able to Third World nation. it has been in quite a while. do a new start. One lawyer representing the immi- With regard to the Air Force, a 1- The worst part about it for us is the grant children said: year CR would constrain Air Force unpredictability. Almost every child I spoke with had not spending at fiscal year 2019 levels, de- Jim Geurts, Assistant Secretary of showered or bathed since they crossed the creasing buying power by $11.8 billion. the Navy for Research, said: ‘‘Budget border—some of them more than three weeks It would halt 88 new investment pro- uncertainty associated with the con- ago. There is a stench that emanates from grams. It would delay awarding 40 tinuing resolution adds instability, in- some of the children because they haven’t MILCON projects across 18 States and efficiency, delays contracting, and had the opportunity to put on clean clothes limit the planned 4,400 total force end- delays fielding of critical capabilities.’’ or to take a shower. . . . I have never seen strength growth. These are things we We need to stifle any talk either in conditions as appalling as what we witnessed last week. The children are hungry, dirty already voted for, but a 1-year CR this building or the Pentagon or down and sick and being detained for long periods would stop them. You can’t do the the street at the other end of Pennsyl- of time. . . . Children who are young them- extra 4,400 end-strength personnel we vania about a 1-year continuing resolu- selves are being told by guards they must need. tion as being beneficial to the United take care of even younger children. . . .

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.016 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4535 They don’t know where their loved ones are tration that is deliberately stoking The legislation improves due process who they crossed the border with. fear by now threatening to tear apart for migrants and reduces the court According to news reports, the chil- families in the United States with backlog by nearly doubling the Legal dren have now been taken to a deten- longstanding ties to the community. Orientation Program, which will sig- tion camp also in El Paso, TX, where Instead, President Trump should nificantly expand the number of mi- they will remain under the custody of work with Democrats and Republicans grants who have access to their serv- Border Patrol until they can be placed on comprehensive immigration reform. ices. The bill provides additional funds with the Department of Health and He could start by supporting legisla- to hire more immigration judge teams Human Services. tion I cosponsored entitled the Central to reduce backlog of pending immigra- This is outrageous and unacceptable America Reform and Enforcement Act. tion cases. in the United States of America or in This legislation would address many of Now let me point out what this legis- any other country. We can and we must the root causes of migration and allevi- lation does not permit in terms of rein- do better. What is occurring in Texas ate, not exacerbate, the suffering at ing in some of the worst excesses of may very well be a violation of our our southern border. This legislation President Trump’s disastrous immigra- laws. would provide conditional security as- tion policies. The legislation prohibits Federal law generally requires unac- sistance to Central American countries funding from going to the President’s companied or separated migrant chil- to combat the scourge of drug cartels, border wall or new detention beds and dren be transferred to HHS within 72 violent gangs, and lawlessness that has prohibits DHS from transferring funds hours, but according to news reports, pushed migrants to journey north. It for any other purpose. It prohibits in- some children at the Clint facility had would enhance monitoring of unaccom- formation obtained from potential been in Border Patrol custody for panied children after they are proc- sponsors of unaccompanied children weeks. That is in violation of Federal essed at the border and would ensure from being used in immigration en- law. Now news reports are saying these fair, orderly, and efficient processing of forcement actions. conditions have been replicated in those who reach our border seeking I am pleased that last night the other border facilities, such as the Cen- protection. House of Representatives passed their tral Processing Center in McAllen, TX. I am pleased that at 2 o’clock today version of the emergency supplemental Federal law also requires that chil- we will have the opportunity to act. appropriations bill by a vote of 230 to Last week, the Senate Appropria- dren and families be held in ‘‘safe and 195. The Senate will have an oppor- tions Committee approved $4.6 billion sanitary’’ facilities under the Flores tunity to vote on this legislation at 2 in emergency relief on an overwhelm- settlement. The public should be o’clock, and I will support it. The ingly, bipartisan vote—30 to 1. House legislation goes even further shocked that administration lawyers I am pleased that this legislation will seem to argue that these horrific con- than the Senate legislation in enhanc- help better protect vulnerable children ing protection for migrant children in ditions do not violate the Flores agree- in the custody of the Department of ment or Federal law. One government government custody. Health and Human Services. The bill I urge the Senate to pass the emer- attorney recently argued that specific seeks to improve inhumane conditions gency supplemental appropriations leg- amenities, such as soap, toothbrushes, for migrants in the custody of the De- islation later today, which provides and even half a night’s sleep, should partment of Homeland Security. The desperately needed assistance to the not be required under the terms of the legislation improves due process pro- most vulnerable migrants, the chil- original settlement. The argument tection for migrants. dren. Let us take steps to end this hu- drew criticism from the panel of judges The largest portion of this funding manitarian crisis on our own soil. at the Ninth Circuit U.S. Court of Ap- measure, $2.88 billion, goes to the HHS I suggest the absence of a quorum. peals. Office of Refugee Resettlement, which The PRESIDING OFFICER. The One panel judge replied during the is in charge of housing unaccompanied clerk will call the roll. argument: children who are the most vulnerable The senior assistant legislative clerk To me it’s more like it’s within group of migrants. This office has ad- proceeded to call the roll. everybody’s common understanding: If you vised Congress that it will run out of Mr. MURPHY. Mr. President, I ask don’t have a toothbrush, if you don’t have funds in July and has already stopped unanimous consent that the order of soap, if you don’t have a blanket, it’s not making payments for education, legal, the quorum call be rescinded. safe and sanitary. Wouldn’t everybody agree The PRESIDING OFFICER. Without to that? Would you agree to that? and refugee support services. The appropriations measure provides objection, it is so ordered. I certainly hope every Senator agrees additional funds to assure the safety HEALTHCARE with that, and I hope every American and well-being of these children Mr. MURPHY. Mr. President, on July does as well. through social services and case man- 9, the Trump administration will be in We have received conflicting media agement to place children in appro- court defending the Texas v. United reports about children being moved priate homes, ideally with family States lawsuit. Let me rephrase that. back and forth between different facili- members who are already here in the They will not be defending the lawsuit. ties that can only be described as filthy United States. They will be arguing on the side of the and not fit for human habitation, par- The bill requires ORR facilities that plaintiff in that lawsuit. ticularly for children. This is not what house children to comply with State- This is a virtually unprecedented America should stand for. based licensure requirements, includ- move. Administrations traditionally President Trump’s erratic actions on ing minimum standards of humane defend the statutes of the United immigration and border security have care, oversight and transparency, with States, no matter what they feel about directly contributed to the crisis. Re- an exception made for influx facilities the politics of the underlying statute. call that President Trump had literally in emergencies. But the Trump administration has shut down the entire U.S. Government The bill provides $1.3 billion to ad- made the decision to join with 22 Re- in the failed effort to fund an ineffec- dress increasingly inhumane conditions publican attorneys general to argue tive border wall. He has threatened to for migrants apprehended and detained that the entirety of the Affordable close down borders entirely. He has cut at DHS facilities. The DHS inspector Care Act should be dismantled, with off security assistance to the very Cen- general found dangerous overcrowding nothing to replace it. tral American countries that are try- at these facilities, leading to sickness There are those of us who believe ing to address the root causes of migra- and even death in custody. The meas- that it would not be wise policy to kick tion, which is contributing to the mi- ure provides additional funds for mi- 20 million people off of insurance and grant crisis at our southern border. grant food, clothing, medical, and baby get rid of all of the insurance protec- This is an administration that insti- supplies, as well as funding to non- tions in the Affordable Care Act, with tuted a policy of separating children profits and local jurisdictions pro- no idea as to what comes next. We have from their parents at the border. This viding critical social services and shel- begged our Republican colleagues to is an administration that proposed a ter to migrants ultimately released join us in telling the Trump adminis- Muslim travel ban. This is an adminis- from DHS custody. tration—demanding that the Trump

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They want to replace it with 1.5 million families every single year in eliminating the expansion would leave something else, something that insures this country who declared bankruptcy. them without healthcare. more people, and something that con- Today, there are half as many families I mentioned the insurance companies tinues to protect people with pre- who declare bankruptcy in this coun- are against this lawsuit. They say this: existing conditions. If that is your po- try. It is not coincidence that studies ‘‘Invalidation of the ACA—irrespective sition, it stands to reason that you have shown us that of those 1.5 million, of the continued operation of the so- would oppose a lawsuit that seeks to half of them were declaring bankruptcy called individual mandate—would invalidate the entirety of the Afford- because of medical costs. When you wreak havoc on the healthcare sys- able Care Act with nothing to replace don’t go bankrupt any longer because tem.’’ it. of medical costs because you have ac- Finally, Americans with disabilities The bewitching hour is upon us. The cess to affordable insurance and your say: oral arguments are the week after insurance company can’t kick you off The result is a cruel irony: the population next. This lawsuit was successful at because you get sick, you don’t face that needs healthcare the most has the hard- the district court level, so there is no the kind of destitution that families est time obtaining it. For the last nine reason not to believe there is a sub- years, the ACA has helped change that. faced before. Stripping away its protections now will re- stantial possibility that it could be So I think it does make sense to run verse the positive gains that people with dis- successful at the appellate court level through the lineup of who has weighed abilities have realized and will return this as well. in in favor of this court case to invali- community to the same grim reality as be- I wanted to come to the floor, as we date the entirety of the Affordable fore the ACA, if not place people with dis- head into this week while we will be Care Act and knock 20 to 30 million abilities in an even worse position. back in our districts, just to make sure people off of insurance to jack up rates So let’s not forget where we were be- that everybody understands what the for millions more and who has weighed fore the Affordable Care Act was stakes are on July 9 when the Trump in against it. passed. I am not saying that it is per- administration will argue in court to Well, the President wants this law- fect. I am not saying that we shouldn’t get rid of insurance for 20 to 30 million suit to succeed. Attorneys general work together to try to improve it. We Americans and what the stakes are for want this lawsuit to succeed. And by just finished a debate in the Health this Senate—in particular, Senate Re- the silence of my Republican col- Committee in which we passed a whole publicans refusing to stand up to the leagues, you would infer that many Re- bunch of reforms to our healthcare sys- President in his perpetuation of this publicans may want this lawsuit to tem that Republicans and Democrats lawsuit. succeed. agree on. If the Affordable Care Act is struck But here is who hates this lawsuit. I But the American Cancer Society, in down, there are 130 million Americans am not going to run through the whole their filing, reminds the court: ‘‘A 2009 with preexisting conditions who could list here, but this is essentially any- Harvard Medical School study found see insurance rates increase by up to 50 body who knows anything about approximately 45,000 deaths annually to 60 percent. Others will have their in- healthcare. This is essentially every could be attributed to lack of health surance withdrawn when they go organization that represents people insurance among working-age Ameri- through open enrollment next because who have serious diseases, every asso- cans.’’ no insurer will cover someone with se- ciation that represents doctors, and The Heart Association said this: rious, very expensive preexisting condi- every association that represents hos- ‘‘Even during a heart attack, uninsured tions. That was the way things worked pitals. You don’t really find all of those patients were more likely to delay before the Affordable Care Act was groups aligned on much at all because seeking medical care because of the fi- passed. when you are moving around pieces in nancial implications.’’ Gone is Medicaid expansion, which the healthcare system, often you will I could go on and on, reading from today covers 17 million people across do something that benefits patients these filings or reading from the testi- the country—and I have been happy to that insurers will not like or you ben- mony that all of these groups have sub- see more and more States with Repub- efit something at hospitals that single- mitted. Again, that is not to say that lican Governors or Republican State practice offices will not like. This is these groups don’t want changes in our legislators adopt the Medicaid expan- pretty much everybody who says: If healthcare system. Nobody on this list, sions and become a source of bipartisan you kick 20 million people off insur- as far as I know, is arguing for the sta- agreement that more people should ance like that and you have no plan to tus quo, just as no one in this body is have access to Medicaid—but those 17 replace it, that is a humanitarian ca- arguing for the status quo. But to rip million people will lose their coverage. tastrophe. away Medicaid expansion, to rip out There are 12 million seniors who will Here is what the AARP says in their from the roots of the healthcare sys- immediately pay more for prescription filing opposing this lawsuit: tem the exchanges and the tax credits, drugs because the Affordable Care Act If this Court finds that the ACA is invalid, to get rid of all of the insurance protec- gets rid of, over time, essentially the millions of older adults will lose the tions, to reverse the gains we have entirety of the Medicare part D dough- healthcare coverage and consumer protec- made on lowering prescription drug nut hole. tions they have relied on for years. They will costs for seniors—to do all of that with There are 2.3 million adult children also throw the Medicare and Medicaid pro- nothing to replace it is to invite mis- grams into fiscal and administrative chaos, who are on their parents’ insurance which will disrupt the nation’s healthcare ery, destitution, and chaos. until they become 26, who would poten- system and economy. It will plunge the more Let’s just be honest. We are not tially lose access to that insurance. than 100 million people with preexisting con- ready to ride to the rescue. I offered an The Affordable Care Act requires insur- ditions into an abyss of uncertainty about amendment in the Health Committee ance companies to cover those kids. whether they can obtain coverage. today just asking for the Department Many insurers, without that require- That is the AARP. of Health and Human Services to pro- ment, would no longer cover those chil- Here is what the American Medical vide us with a report about what the dren. Association says: ‘‘The decision below, landscape would look like in the Then many of the other protections if affirmed, would have devastating ef- healthcare system if Texas v. United in the marketplace, like bans on life- fects on the quality, cost, and avail- States were successful. I didn’t get a time caps or annual caps, can be lost. ability of such care.’’ single Republican vote for that one. All Insurers would once again be back in Families USA says: ‘‘Among those I was asking was that we just get a re- the practice of saying to a very sick whose coverage rates increased due to port on how bad it is going to be so

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.020 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4537 that we can start doing a little bit of full two years with resulting partial physical Mr. BARRASSO. Mr. President, I am advance planning, and not a single Re- impairment. here to address the specific topic about publican was willing to vote for that in My spouse and I both run our own busi- energy laws, but hearing my friend and committee today. nesses and the ACA is still our family’s only colleague from Connecticut talk about option for healthcare. Without the oper- So we are deliberately boxing our ations and the ACA coverage, the disease the healthcare law, I would just point eyes and ears about what the effects on would have continued to progress—I would out that as 20 Democratic candidates our constituents could be if this law- have eventually died and my family would for President assemble tonight and to- suit is successful. We are not in a posi- have had to sell the house and/or go bank- morrow night in Miami, they are going tion to ride to the rescue. There is no rupt to manage the medical expenses. to be there calling for a repeal and re- chance that this Congress is going to David from Southport said: placement of the Obama healthcare pass a new healthcare reform proposal In July of 2011 I was diagnosed with Colon law. that will restore healthcare to every- Cancer. At the time, I was covered under an The leading candidate, the Senator body who lost it. That is not hap- individual policy with Blue Cross Blue from Vermont, is going to say, under pening, and I know that is not a sur- Shield. It was a very comprehensive policy this healthcare law that we have now prise to anyone here. and, after my deductible was satisfied, it in this country, this healthcare system You also shouldn’t delude yourself covered all my doctor and hospital expenses, is the most bureaucratic, inefficient into thinking this lawsuit will not be surgeries, chemotherapy, medications, etc. system in the world, and he is going to However, a couple of years later I was ad- successful. There are lots of very smart propose a one-size-fits-all healthcare vised that due to my preexisting condition I system that repeals and replaces the legal scholars who suggest that this ar- would not be able to renew my policy. . . . gument that the plaintiffs are making, At that time I enrolled in [the Affordable ObamaCare healthcare law with a sys- which the Trump administration has Care Act] Access Health CT and without this tem where people will pay more to wait endorsed, is nonsense. I tend to agree policy . . . [through Access Health CT] I longer for worse care. As a result, 180 with them. The argument is that be- would not be able to be insured and would million people who get their insurance cause you got rid of one section of the face prohibitive costs for even basic care. through their jobs will lose their insur- Affordable Care Act, then the court David’s story can be told thousands ance. Also, as a result, the 20 million needs to invalidate the rest. of times over: a diagnosis followed by Americans who are on Medicare Advan- Well, Congress made its intent pretty denial of coverage from an insurance tage will lose that coverage as well. clear. Republicans decided to get rid of company because of a preexisting con- ENERGY POLICY the individual mandate for the penalty dition. Mr. President, I come to the floor that is assessed if you don’t have insur- There is no free market response today to discuss my continued efforts ance and deliberately did not choose to when it comes to very sick people who to modernize our Nation’s energy laws. get rid of the rest of it. I think that is want insurance. The free market tells Since my arrival in 2007 in the Sen- not a smart decision, but the intent of the insurance company: Do not insure ate, I have worked in the Senate on Congress is pretty clear. somebody who is going to cost you a pro-growth energy policies. My goal It is my belief that this argument lot of money. The free market would has always been to protect workers, to doesn’t hold water, and that is the be- tell the insurance company to keep promote American energy, and to pro- lief of many smart legal scholars, but that person on the outside of insur- vide for innovation. The Presiding Officer is from an en- the district court ruled in favor of the ance. So there has to be a public sector ergy State. He knows that today the plaintiffs. So you already have a Fed- response. We provided that response United States is the world’s top energy eral judge who invalidated the entire with the Affordable Care Act and now, producer. We are the global leaders in Affordable Care Act. in a matter of weeks or months, it oil as well as natural gas. Still, the en- Since then, the Trump administra- could all be gone. ergy sector is evolving at a fast clip. tion has upped the ante. The district So I come down to the floor this We need to stay ahead of the curve to court finding in favor of the plaintiffs, afternoon to once again engage my col- stay on top, so our laws should reflect which invalidates the entire Affordable leagues and ask them to work to- gether. Let’s try to find a common this changing reality. Care Act, didn’t convince the President The key, of course, is innovation. ground here, at least behind the to say: Let’s pull back the reins a little That is why I am constantly talking premise that you shouldn’t rip out the bit here. Let’s maybe change our posi- with folks in the industry, people back foundation of the modern healthcare tion. This feels too real. Let’s hedge home in Wyoming, and taking the system without a plan for what comes our bets. No; after the district court pulse. I listen to the workers in coal ruled in favor of the plaintiffs, the ad- next. mines and oilfields of Campbell Coun- I assume we will continue to offer ministration changed their position to ty, to the researchers at the labs at the go all in on the plaintiffs’ side. Their unanimous consent requests to try to University of Wyoming. What we dis- initial lawsuit only backed up some of withhold funding for the Trump admin- cuss are best practices and issues such the plaintiffs’ claims. istration’s perpetuation of this lawsuit. as: How can we streamline energy per- So the district court ruled that the I would hope we can get Republican mitting? How can we speed research? Affordable Care Act has to disappear support for that motion, not because How can we ensure safety and protect overnight. The Trump administration Republicans support the Affordable the environment? has changed their position to weigh in Care Act—I get it; I am not going to My point is, we need to know the sit- and to support the entirety of the law- get Republicans to support the Afford- uation on the ground. I know the Pre- suit, and we are not having a serious able Care Act—but because my Repub- siding Officer hears that in North Da- conversation about what happens if the lican friends need to make good on kota on a regular basis. That is how we fate that all of these groups are deeply what they have said for years; that need to make sure energy laws make fearful of comes to pass. they want the Affordable Care Act to sense—knowing what is happening on Finally, this is not about numbers. go, but they really want something the ground. This isn’t about statistics. This is else to replace it that will insure the I proposed practical reforms that re- about real people. Michael from New same number of people and protect flect that reality. I recently offered Fairfield, CT, says: folks who are sick. That cannot happen legislation to modernize the Federal This is . . . personal to me, the ACA lit- if this lawsuit succeeds. electricity law. It is called the UP- erally saved my life in 2016. I have pre-exist- As we head back to our districts for DATE PURPA Act. PURPA refers to ing, recurrent skull base disease for most of this recess period, I wanted to make the 1978 Public Utility Regulatory Pol- my adult life. I underwent an 11-hour skull sure everybody knows how many icy Act. Senators Risch, Cramer, and base neurosurgery to remove a benign tumor groups that know something or any- Daines are original cosponsors of this that involved my brain arteries, nasal pas- sages, jaw and a total reconstruction of my thing about healthcare are standing UPDATE PURPA law. Principally, we middle and outer ear canals. My surgeon said against Texas v. The United States. want to protect families from inflated I was a month away from a much more de- I yield the floor. electric bills. bilitating surgical outcome. As it is, my re- The PRESIDING OFFICER. The Sen- People in Wyoming and North Da- covery and rehabilitation period has been a ator from Wyoming. kota and other States are overpaying.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.021 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4538 CONGRESSIONAL RECORD — SENATE June 26, 2019 That is because PURPA requires State As I wrote in the Wall Street Jour- ing homes. It puts restrictions on the utilities to purchase renewable power nal, ‘‘The lack of progress on Yucca use of influx facilities. It establishes and then pay above-market rates to do Mountain has become a roadblock for standards of care to ensure that chil- it. They have to buy it even when their nuclear power in America.’’ dren are kept in safe, sanitary facili- customers do not need it, and that is Both parties want Americans to use ties where they are properly cared for— the problem. more carbon-free energy, so both par- not cages. Forty years after that law was passed ties should embrace sensible, scientific Our bill will mitigate inhumane con- in 1978—fast forward, here we are 41 solutions. ditions faced by migrant families in years later, and clearly it has outlived Another energy issue I am addressing DHS custody by providing funds to im- its purpose. The law’s original intent is reform in the process that we use to prove conditions in grossly over- was to diversify power sources, and it get permits to get permission to ex- crowded facilities and buy food, cloth- certainly succeeded. Wind and solar plore for energy, to use our resources. ing, and medical services for the people power now provide about 9 percent of Earlier this year, I introduced a bill in our care. It provides money to en- the electricity in this country—9 per- called the ONSHORE Act. It stands for sure that we have diapers, formula, cent wind and solar. Opportunities for the Nation and baby wipes, and other essential sup- The fact is, renewable power tech- States to Harness Onshore Resources plies for infants and toddlers. nology has improved rapidly so we no for Energy. Like the rest of the country, I read in longer need to micromanage these pur- We have a very talented staff that horror the reports from a border facil- chases. Consumers should not continue comes up with these creative names. It ity in Clint, TX, where the children to overpay for electricity due to out- is onshore energy—Opportunities for were unbathed, where sickness was dated rules, regulations, and laws. UP- Nations and States to Harness Re- spreading, and where infants were DATE PURPA would solve this prob- sources for Energy. The ONSHORE Act being cared for by other young children lem. It protects utility customers from will simplify the Federal onshore oil in custody barely old enough to care added costs; it frees State utilities and gas permitting process. So whether for themselves. No child, no matter from unnecessary mandates to buy we are talking about oil and gas per- where they are from, deserves to live in power; and it helps develop all energy mitting or utilities or carbon capture such conditions. sources, including renewable energy. or nuclear power, we must engineer our Our bill improves due process for mi- I am also working to pass a bill way to American energy solutions. grants by expanding access to legal called the USE IT Act. It stands for Commonsense reforms will help the services and our immigration courts. It Utilizing Significant Emissions with United States stay on top and stay safe provides grants to nonprofit organiza- Innovative Technologies. This bipar- at the same time. tions and local jurisdictions that pro- tisan bill would help researchers find I yield the floor. vide critical services in shelters to mi- uses for captured carbon dioxide emis- The PRESIDING OFFICER. The Sen- grants released from DHS custody. Bol- sions. ator from Vermont. stering border security and treating The research is already happening in Mr. LEAHY. Mr. President, last migrants with humanity are not mutu- Wyoming. It is taking place outside week, Democrats and Republicans on ally exclusive goals. Indeed, accom- Gillette in the Integrated Test Center. the Senate Appropriations Committee plishing both together is the American The USE IT Act will further this effort. came together and we approved by a way. We are America. We can do two It will apply our Nation’s brightest vote of 30 to 1 an emergency supple- things at once. minds to take carbon from the air, to mental to address the most urgent hu- Apparently, President Trump never capture it from the air, to trap it, and manitarian needs at our southern bor- got the memo about our American val- to transform it into valuable products. der. Some would say that the way the ues. Since the day he took office, he Captured carbon can be used to ex- Senate has been led lately, you has demonized and vilified immigrants, tract oil from wells that otherwise couldn’t get a 30-to-1 vote to say the asylum seekers, and refugees at every would not be profitable. It can also be Sun rises in the east. opportunity. Through false and inflam- used to make building materials and The bill reflects weeks of good-faith matory tweets and cruel policies, he carbon fiber. It can be used for medical negotiations between Republicans and has worked to instill widespread fear purposes. Democrats to forge a bipartisan agree- among immigrant communities, tar- In addition, I am working to promote ment to mitigate what has been an es- geting asylum seekers as if they were nuclear energy. Nuclear power is safe, calating humanitarian crisis—one hardened violent criminals. reliable, and carbon-free. Today it pro- where infants and toddlers are sleeping In just this past week, he threatened vides 60 percent of America’s carbon- on cold cement floors in wire cages and widespread arrests of thousands of im- free electricity. It is by far our largest under bridges. Inaction is simply not migrant families, seemingly without carbon-free source, and it is doubling an option for those who care about al- concern for the many families that the wind and solar in terms of the total leviating the suffering of desperate would be torn apart and the separated that we get from wind and solar. We children and families seeking refuge in children who happen to be American have already made progress on ad- the United States. citizens who would be left behind. Now vanced nuclear technology because ear- Action in the Senate requires com- he has backed away from that threat lier this year we passed a bipartisan promise. That is the reality in a body temporarily, but he has promised to re- nuclear bill called the Nuclear Energy where 60 votes are required to move a visit it. Innovation and Modernization Act, and bill forward. No one, Republican or Just last week, the Trump adminis- that became law—signed into law. Democrat, is going to get everything tration went to Federal court to argue This bill, now law, will ensure that they want—including me, and I am the that it should not be required to give we remain a leader in nuclear innova- vice chairman of the Appropriations detained migrant children tooth- tion. It will simplify the process for li- Committee—but that is the nature of brushes and toothpaste, soap, towels, censing and developing advanced reac- compromise. One thing I am not will- showers, or proper sleeping conditions tors. This progress will help increase ing to compromise on is our American when in U.S. custody—that such amen- our use of carbon-free energy. We need values, and this bill reflects that. ities are not part of the definition of all the energy. We need the renewable The Senate supplemental protects ‘‘safe and sanitary’’ conditions. energy. We need the nuclear energy. unaccompanied children, some of our What would we say if another coun- We need the oil, gas, and coal. We need most vulnerable migrants, by securing try were holding Americans like that? all of it, and we must address our nu- funds for their safety and their well- It has become painfully obvious: clear waste problem. being in HHS custody. It includes $109 President Trump views immigrant That is why I fought to complete the million to ensure the safety and well- families, asylum seekers, and refugees licensing of the storage facility at being of those children through post- not as human beings but as political Yucca Mountain. I recently chaired a release wraparound services, legal serv- ammunition intended solely to rile his committee hearing on this draft pro- ices, and case management to get chil- base. When asked about the horrendous posal. dren out of cages and put them in lov- conditions at DHS and ORR facilities

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.023 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4539 and the separation of families, he said and get our 31 votes. It is because we Congress rejected the administration’s it is not true and he repeated his know we have to first act to provide request, it acted as though it was threat of mass deportations—even safe, humane care for the migrant chil- above the law, above the Constitution. though many of us here in the Congress dren and families who seek mercy and Nobody is above the law in this coun- in both parties have seen it. He is ei- safety. try. None of us in the Senate are, and ther willfully ignorant about what has It was yesterday that the House neither is the President of the United been widely documented or he has no passed its own version of an emergency States. qualms about lying about it. supplemental for the southern border. Let’s not forget the President’s dec- Not a single one of the President’s It is also a very good bill, and it goes laration of a national emergency to anti-immigrant, fearmongering tactics further in offering protections to im- fund his wall when Congress debated it would address the very real humani- migrants in our care than we are able and refused to provide him the money tarian crisis overwhelming our south- to do in this Chamber, because there he had requested. We have to stand up ern border. This is exactly why the bi- have been objections from the Repub- for ourselves as an institution. I urge partisan Senate supplemental does not lican side of the aisle. It provides im- my colleagues on the other side of the provide a single dollar for President portant additional protections for chil- aisle to join me—not as Democrats or Trump’s request for hundreds of mil- dren who are under the care of the Of- Republicans but as U.S. Senators—in lions in additional dollars for the in- fice of Refugee Resettlement and for saying no to this President when he carceration of immigrants in ICE fa- those being held at CBP processing fa- blatantly ignores the will of the Con- cilities. cilities, and I support that. We should gress. It is why we did not provide any of be taking care of the children in our I thank Chairman SHELBY for work- his requested funds to pursue mis- custody as if they were our own. Tak- ing with me on this bipartisan humani- guided policies like ‘‘Remain in Mex- ing care of children is not a partisan tarian assistance bill. ico,’’ which law enforcement officials issue. We should all agree on that. We need to work quickly to resolve have stated actually encourages, not I am also pleased that the House bill the differences between the House and discourages, illegal crossings. It is includes a provision to protect the the Senate bills so we can get a bill to why, in a bipartisan way, we included a funding that Republicans and Demo- the President’s desk. I hope President strict prohibition on the transfer of crats have already appropriated to ad- Trump will have the good sense to sign supplemental funds for any purposes dress the causes of migration in Cen- the supplemental bill into law. Then other than addressing the humani- tral America. I am upset the President let’s turn to the much needed debate tarian crisis at the border. And finally, has threatened to take that money and on comprehensive immigration reform. it is why we refused to include any of reprogram it elsewhere. We showed we could do it when I was the deeply harmful, unprecedented We were not able to reach agreement the chairman of the Judiciary. We changes to our immigration and asy- on that issue in the Senate, but in a showed we could get a 2-to-1 vote in this body. Let’s do it again. lum laws that the President has advo- few moments, we will have an oppor- Of course, I urge Members to oppose cated for. tunity to vote on the House bill. I hope the Paul amendment. I am under no illusion that this sup- Members on both sides of the aisle will Four months ago, Republicans and plemental bill will address all of the be able to support it. Democrats came together and appro- Neither the House nor the Senate bill problems with our immigration sys- priated funds in the State and Foreign tem—far from it. It is a temporary so- has any funding for additional ICE de- Operations Act that would help lution to address some of the most ur- tention beds. This is no mistake. The counter terrorism and human traf- gent issues. We need to have a broader President’s predisposition to turn to ficking, promote democracy, combat debate about comprehensively address- mass detention above all else is cruel, poverty, provide humanitarian aid, and ing those problems, just as we did irresponsible, and also a horrible waste support global health programs. A bi- years ago. of taxpayers’ money. There are alter- partisan majority of Congress sup- Years ago, a bipartisan group of Sen- natives to detention that exist that are ported this funding and the President ators put forward a thoughtful, bipar- safe and less expensive. signed it into law. The Paul amend- tisan immigration bill. As chairman of The administration needs to use the ment proposes to rescind $4.6 billion, the Senate Judiciary Committee, I resources it has for ICE detention serv- clawing back programs with a wide held three hearings on the bill. We had ices to house those people who truly range of consequences. five days of markups. We considered 212 present a danger to our communities Counterterrorism programs would be amendments, 141 of which were adopt- and not lock up every man, woman, cut. These funds support programs that ed, including nearly 50 from Repub- and child simply for being here. Lock target vulnerable youth to prevent licans. And then 68 Senators supported up those who really do present a dan- radicalization. These programs provide the legislation on the floor. ger. Most 5-year-old children do not. It governments with the tools to counter Unfortunately, the Republican makes no sense to lump them all in to- the influence of violent extremist orga- Speaker of the House would not bring gether. We carefully negotiated ICE’s nizations, including by countering ter- up the bill, even though it would have bed levels in the fiscal year 2019 Home- rorism financing. passed overwhelmingly, because he land Security Appropriations bill just a Programs to combat human traf- thought it might violate the Dennis few months ago, which was passed by ficking would be cut by the Paul Hastert rule. I think, if we were to both Republicans and Democrats, and amendment. These programs support have that same process here again there is no reason to revisit it now. nongovernmental organizations that today, I would bet we would also have We have heard that the administra- promote stronger government policies 68 Senators—Republicans and Demo- tion plans to set up a request to fund and programs to combat human slav- crats—vote for it. more ICE detention beds through re- ery and trafficking. They help hold per- Yet this is a conversation and a de- programming the money that we need. petrators accountable and support gov- bate we will have to have on another I urge my Republican colleagues to ernments that are combatting human day. I will be happy to work with those join me in opposing any such request. trafficking, and they help to protect Republican and Democratic Senators The administration should not do ad- victims of trafficking. who worked together to get an immi- ministratively what both Republicans Programs that strengthen civil soci- gration bill before, but we are not and Democrats have rejected. ety, independent media, and promote going to do it in the context of an Unfortunately, this is a pattern with democracy in Venezuela, Iran, Cuba, emergency supplemental, which is this administration. It just wants to Hungary, Egypt, and many other coun- meant to address the most urgent hu- ignore bipartisan majorities in the tries would be cut. These funds support manitarian needs at the border. It is House and Senate. It ignores the will of efforts to hold governments account- why Senator SHELBY and I and others— Congress. It uses loopholes and ignores able for repression, promote freedom of Republicans and Democrats—have traditional norms in the appropriations expression and religious freedom, and worked for weeks, quietly behind the process. It uses suspect readings of the provide services to victims of persecu- scenes, in order to put this together law to accomplish its agenda. When tion.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.024 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4540 CONGRESSIONAL RECORD — SENATE June 26, 2019 The Paul amendment would claw I am proposing to actually pay for This group spent $300,000 to help Bra- back humanitarian aid. There are more this by taking the money from a part zilians get off Brazilian welfare. That people forcibly displaced in the world of the budget that is being wasted and might be better spent talking to Amer- today than at any time since World put it into the humanitarian crisis on icans about American welfare. Yet we War II. It is a global humanitarian cri- the border. Should we provide care and had no business in sending that money sis that is contributing to instability shelter to immigrants at the border or to Brazil. and insecurity, including in our own should we be paying for clown shows Is any of this a higher priority than hemisphere. The amendment would re- and a traveling circus? Should we pro- what we are doing at the border? I scind funding for U.S. refugee aid and vide food for the children that remain would say not. aid to victims of famine, earthquakes, at the border or should we pay to sup- Is it more important to pay for the and other natural disasters. port the businesses of deported immi- cost of the situation on the border or And funding for PEPFAR, programs grants? should we also be sending foreign wel- to combat malaria and TB, and other Listen carefully. When we catch peo- fare abroad? global health programs would be cut by ple coming across the border illegally, The United States spent $223 million the Paul Amendment. This includes we send them back to the country and to fund a highway in Afghanistan. We programs to respond to deadly say: Don’t worry. We will send you found out afterward that the security pandemics like Ebola. money to help you start a business. that our government hired to protect There are countless other examples, They break our law, and we give the people while they were building the since the Paul amendment uses a meat them money to start a business back in road at $1 million a year were actually cleaver approach to demolish most of their home country. If you ask politi- funneling the money to a terrorist our international development and hu- cians here, the answer is: Fund it all. group, called the Haqqani network, our manitarian programs that reduce pov- Just put it on the credit card. We will sworn enemy. The Haqqani network is erty, respond to crises, build free mar- just keep borrowing. Your kids and known for killing our soldiers, but we kets, and strengthen democratic insti- grandkids will pay for it. were paying those in the Haqqani net- tutions. I mentioned some of these examples work for being security guards while Why are there unobligated balances that I would cut, but let’s hear about we wasted millions of dollars in build- in these programs? These funds were some more. Where is your money ing a highway in Afghanistan. I would appropriated only 4 months ago and are going? Where is the money coming say let’s spend that money at home. available for obligation through the from so that we could actually pay for The road we have now built for the next fiscal year for multiyear projects. this crisis at the border? My amend- Afghanis is in such disrepair after only That is how foreign assistance works. ment rescinds the remainder of this a few years that they can’t afford to In the last two foreign aid appropria- year’s funds for the Inter-American maintain it, so we are asking you to tions laws, Senator GRAHAM and I in- Foundation. You may not have heard cough up a little more money. They cluded targeted rescissions of funds of this, but last time this bill was au- need $22 million to keep the highway in that could no longer be spent effec- thorized was in 1985. For over 24 years, good repair. tively, or that were about to expire. we haven’t done anything. We haven’t We spent $273 million on a develop- That is the responsible approach, and even looked at the program. We just ment grant program that didn’t actu- one that preserves the integrity of the keep feeding it money. ally do anything. It taught foreign peo- appropriations process. That is not the What do they fund in the Inter-Amer- ple how to fill out grants to get more approach in this amendment. ican Foundation? Let’s see. They spend I urge members to vote no on this money to support small businesses of money from us. It is not enough that amendment and pass the bipartisan bill deported immigrants. One time we they are fleecing you and sending your reported by the committee 30 to 1 so asked them: Do you at least exclude money to all of these boondoggle that we can sit down with the House criminal deportees? They had a blank projects around the world; we have a tonight to work out the differences look on their face, and they didn’t have program to teach foreigners how to get with the House bill. an answer. They aren’t excluding peo- more welfare from us. I yield the floor. ple we deport because they have com- This amendment takes $4 billion that The PRESIDING OFFICER. The Sen- mitted a crime in our country from re- they want to spend on the border and ator from Kentucky. ceiving American welfare. says: That is fine. Let’s do it. Yet let’s Mr. PAUL. Mr. President, today we This group spent $1.2 million helping take it from foreign aid. Let’s take it will consider funding to address the hu- people in Mexico, Guatemala, and El from foreign welfare. Let’s take it from manitarian crisis on the border. The Salvador to improve their ‘‘spending llama fairs and guinea pig shows in spending bill will be $4 billion. While strategies.’’ Does that sound like a Peru. It is utterly ridiculous. This pro- there is a humanitarian crisis at the good use of money? If we need money gram has not been looked at since 1985. border, we also have in our country a at the border, let’s quit sending it If we eliminate the program, we can debt crisis. We are adding debt at about south of the border to improve the pay for the money they want to spend $1 trillion every year. The overall debt spending habits of those in Mexico, at the border. is $22 trillion, and the interest on the Guatemala, and El Salvador. That is what it would mean to be re- debt that we have to pay every year is These funds also subsidized guinea sponsible legislators—to make prior- exploding such that it is crowding out pig farmers in Peru, a llama fair in Bo- ities, decide where to spend the money, other spending. livia, and advertisements to buy car- and not just simply run up the tab and While I do agree that there is a hu- bon credits in Mexico. If we have a cri- say: Your kids and grandkids can pay manitarian crisis at the border, we sis at the border—both sides of the for it. must not ignore the debt crisis that aisle have now finally woken up to I recommend a ‘‘yea’’ vote on offset- faces our country. We should not bor- there being a crisis—let’s spend it on ting the spending for this supplemental row the money and pull out the credit the crisis and not be supporting a spending bill, and I hope Americans card, yet again, every time a crisis oc- llama fair in Bolivia or a guinea pig will watch to see who votes to offset curs. Congress has an obligation to find farm in Peru. this by cutting wasteful foreign wel- lower priorities to cut to pay for higher This same group that I would like to fare. priorities. I thought that is what legis- take the money from to spend it on the The PRESIDING OFFICER. The Sen- lating was about. You are supposed to border spent half a million dollars to ator from Alabama. say that right now we have a crisis at ‘‘jump start’’ the Haitian film indus- Mr. SHELBY. Mr. President, I believe the border. So maybe we are not going try. Does that sound like a national there is no longer any question that to send welfare to foreign countries. priority to anybody? If we want to the situation along our southern bor- Every American family has to make treat people in a more humanitarian der has become a full-blown humani- these decisions. Why doesn’t Congress? fashion on the border and we need to tarian and security crisis. I think that What Congress does is simply add it to spend some money down there, maybe is a given. Leader MCCONNELL has firm- the bill your kids and your grandkids we could not be supporting the Haitian ly established that fact right here on will be paying. film community. the Senate floor, and charges from the

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.025 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4541 other side of a manufactured crisis I believe, overall, this is a solid bill. Daines Lankford Romney have fallen silent. At this juncture, It provides the resources that are need- Enzi Lee Rubio Ernst Manchin Sasse there is little need to recapitulate the ed to address the crisis that we face at Fischer Markey Scott (FL) case for action. the border. As I say again, it contains Gardner McConnell Scott (SC) We know what our professionals on no poison pills, and it is poised to pass Graham McSally Shelby Grassley Merkley the frontlines need in order to get a the Senate with strong bipartisan sup- Sullivan Hawley Moran Thune handle on the situation. The only ques- Hoeven Murkowski port, unlike the version that came out Tillis Hyde-Smith Paul tion is, Will the Congress come to- of the House last night. Toomey Inhofe Perdue gether and act or fall prey to partisan- Wicker So I say to my colleagues in the Isakson Portman ship while the crisis escalates further? House, now that there is a bipartisan Johnson Risch Young I am pleased to say, last week, the acknowledgment that the crisis on our Kennedy Roberts Appropriations Committee charted a southern border is real, do not derail NOT VOTING—8 course for strong bipartisan action. By the one bipartisan vehicle with a real a vote of 30 to 1, the committee ap- Bennet Harris Sanders chance of becoming law soon. Booker Klobuchar Warren proved an emergency appropriations Those who want to alleviate the suf- Gillibrand Rounds bill to address the crisis at the border— fering—and I think it is most of us—on The PRESIDING OFFICER. On this 30 to 1. Such an overwhelming bipar- the southern border will soon have a vote, the yeas are 37, the nays are 55. tisan vote would not have been possible bipartisan path forward in the Senate Under the previous order, the 60-vote without the cooperation of my col- bill that we have here. threshold having not been achieved, league and good friend, Vice Chairman Those who choose to obstruct over the bill was rejected. LEAHY. I thank Senator LEAHY for partisan demands will soon have a lot The PRESIDING OFFICER. The working with us to find a path forward. of questions, I think, to answer when This bipartisan committee product, Democratic leader. which it is and which I will soon offer the crisis escalates further, and it will. Mr. SCHUMER. Mr. President, I ask as a substitute amendment to the I believe there is no excuse for leav- unanimous consent to address the Sen- House bill, provides $4.59 billion in ing town at the end of this week with- ate briefly on leader time. emergency supplemental appropria- out getting this job done. I hope we The PRESIDING OFFICER. Without tions to address the humanitarian and will be coming together soon and do objection, it is so ordered. security crisis at the border. our job. Mr. SCHUMER. Mr. President, the It does not contain everything that I yield the floor. bill that was before us has failed. Most Senator LEAHY wanted, and it does not The PRESIDING OFFICER. Under of us on this side of the aisle would contain everything that I wanted. More the previous order, all postcloture time have much preferred that bill, but it importantly, it does not contain any is expired. has failed. poison pills from either side, which is The question is, Shall the bill pass? The bill that Senators SHELBY and remarkable. That is why it passed the Mr. GRASSLEY. I ask for the yeas LEAHY have worked on diligently is Appropriations Committee by a vote of and nays. now before us. I am going to vote for it. 30 to 1, and that is what gives us the The PRESIDING OFFICER. Is there a I think most of us on this side are best chance today, in the U.S. Senate— sufficient second? going to vote for it so that we can without further delay—of passing a bill There appears to be a sufficient sec- quickly move to conference. that is badly needed. ond. Speaker PELOSI has called the Presi- I will take just a few minutes to The clerk will call the roll. dent and suggested a few changes. I briefly outline for my colleagues the The bill clerk called the roll. think there are four changes to this particulars of the package reported by Mr. THUNE. The following Senator is bill. We could quickly have a con- the Appropriations Committee. necessarily absent: the Senator from ference, talk about those four changes, Of the total funding provided, the South Dakota (Mr. ROUNDS). try to get them in the bill, and finish lion’s share—$2.88 billion—will help the Mr. DURBIN. I announce that the this quickly. I hope that is what will Department of Health and Human Senator from Colorado (Mr. BENNET), happen. Services to provide safe and appro- the Senator from New Jersey (Mr. I yield the floor. priate shelter and care for children in BOOKER), the Senator from New York The PRESIDING OFFICER. The Sen- its custody. (Mrs. GILLIBRAND), the Senator from ator from Alabama. An additional $1.1 billion is included California (Ms. HARRIS), the Senator AMENDMENT NO. 901 for Customs and Border Protection to from Minnesota (Ms. KLOBUCHAR), the (Purpose: In the nature of a substitute.) establish migrant care and processing Senator from Vermont (Mr. SANDERS), Mr. SHELBY. Mr. President, I call up facilities; to provide medical care and and the Senator from Massachusetts my amendment No. 901. consumables; and to pay travel and (Ms. WARREN) are necessarily absent. The PRESIDING OFFICER. The overtime costs for personnel. The PRESIDING OFFICER (Mr. clerk will report. There is $209 million provided for Im- PERDUE). Are there any other Senators The bill clerk read as follows: migration and Customs Enforcement to in the Chamber desiring to vote? fund the transportation costs and med- The Senator from Alabama [Mr. SHELBY] The result was announced—yeas 37, proposes an amendment numbered 901. ical care for detainees; to conduct nays 55, as follows: human trafficking operations; and, Mr. SHELBY. Mr. President, I ask again, to pay travel and overtime costs [Rollcall Vote No. 182 Leg.] unanimous consent that the reading be for our personnel there. YEAS—37 dispensed with. There is $30 million for FEMA in Baldwin Heinrich Schumer The PRESIDING OFFICER. Without order to reimburse States and local- Blumenthal Hirono Shaheen objection, it is so ordered. Brown Jones Sinema (The amendment is printed in today’s ities for expenses that they have in- Cantwell Kaine Smith RECORD under ‘‘Text of Amendments.’’) curred related to the massive influx of Cardin King Stabenow migrants in their communities. Carper Leahy Tester Mr. SHELBY. I ask for the yeas and There is $220 million included for the Casey Menendez Udall nays. Coons Murphy Van Hollen The PRESIDING OFFICER. Is there a Department of Justice to help process Cortez Masto Murray Warner immigration cases and provide badly Duckworth Peters sufficient second? Whitehouse Durbin Reed There appears to be a sufficient sec- needed resources to the U.S. Marshals Wyden Feinstein Rosen ond. Service for the care and detention of Hassan Schatz Federal prisoners. The yeas and nays were ordered. Finally, $145 million is provided for NAYS—55 The PRESIDING OFFICER. The Sen- the various branches of the U.S. mili- Alexander Braun Cornyn ator from Kentucky. tary that have incurred operating ex- Barrasso Burr Cotton AMENDMENT NO. 902 TO AMENDMENT NO. 901 Blackburn Capito Cramer penses in support of multiple missions Blunt Cassidy Crapo Mr. PAUL. Mr. President, I call up along the border. Boozman Collins Cruz my amendment No. 902.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.027 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4542 CONGRESSIONAL RECORD — SENATE June 26, 2019 The PRESIDING OFFICER. The You are taking one problem at the The yeas and nays were previously clerk will report. border, and if you enact the Paul ordered. The bill clerk read as follows: amendment, you will create 100 in its The clerk will call the roll. The Senator from Kentucky [Mr. PAUL] place. The bill clerk called the roll. proposes an amendment numbered 902 to So I move to table the Paul amend- Mr. THUNE. The following Senator is amendment No. 901. ment No. 902. necessarily absent: the Senator from Mr. PAUL. I ask unanimous consent I ask for the yeas and nays. South Dakota (Mr. ROUNDS). that the reading be dispensed with. The PRESIDING OFFICER. Is there a Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without sufficient second? Senator from Colorado (Mr. BENNET), objection, it is so ordered. There appears to be a sufficient sec- the Senator from New Jersey (Mr. The amendment is as follows: ond. BOOKER), the Senator from New York (Purpose: To rescind $4,586,000,000 from The Senator from Texas. (Mrs. GILLIBRAND), the Senator from foreign assistance and exchange programs) Mr. CORNYN. Mr. President, I ask California (Ms. HARRIS), the Senator At the appropriate place, insert the fol- unanimous consent that the remaining from Minnesota (Ms. KLOBUCHAR), the lowing: votes in the series be 10 minutes in Senator from Vermont (Mr. SANDERS), SEC. lll. Of the unobligated balances for fiscal length. and the Senator from Massachusetts year 2019, there are hereby rescinded— The PRESIDING OFFICER. Is there (Ms. WARREN) are necessarily absent. (1) all of the amounts for the East-West objection? The PRESIDING OFFICER (Mr. COT- Center; Without objection, it is so ordered. TON). Are there any other Senators in (2) all of the amounts for the Inter-Amer- The clerk will call the roll on the ican Foundation; and the Chamber desiring to vote? motion to table. The result was announced—yeas 84, (3) from the amounts appropriated under Mr. THUNE. The following Senator is nays 8, as follows: title III of the Department of State, Foreign necessarily absent: the Senator from Operations, and Related Programs Appro- [Rollcall Vote No. 184 Leg.] South Dakota (Mr. ROUNDS). priations Act, 2019 (division F of Public Law YEAS—84 116–6), an amount equal to the difference be- Mr. DURBIN. I announce that the tween $4,586,000,000 and the sum of the Senator from Colorado (Mr. BENNET), Alexander Ernst Peters amounts rescinded under paragraphs (1) and the Senator from New Jersey (Mr. Baldwin Feinstein Portman Barrasso Fischer Reed (2). BOOKER), the Senator from New York Blackburn Gardner Risch Mr. PAUL. Mr. President, we are (Mrs. GILLIBRAND), the Senator from Blumenthal Graham Roberts going to spend over $4 billion today, California (Ms. HARRIS), the Senator Blunt Grassley Romney Boozman Hassan Rosen and I just propose that we pay for it. from Minnesota (Ms. KLOBUCHAR), the Braun Hawley Rubio There is a humanitarian crisis at the Senator from Vermont (Mr. SANDERS), Brown Heinrich Sasse border, but there is also a debt crisis. and the Senator from Massachusetts Burr Hoeven Schatz (Ms. WARREN) are necessarily absent. Cantwell Hyde-Smith Schumer We spend hundreds of millions, if not Capito Inhofe Scott (FL) billions, on wasteful projects. Let’s The PRESIDING OFFICER. Are there Cardin Isakson Scott (SC) take it from foreign aid welfare and any other Senators in the Chamber de- Carper Johnson Shaheen spend it on our southern border. We siring to vote? Casey Jones Shelby The result was announced—yeas 77, Cassidy Kaine Sinema spend hundreds of thousands of dollars Collins Kennedy Smith subsidizing guinea pig farmers in Peru, nays 15, as follows: Coons King Stabenow a llama fair in Bolivia, and advertise- [Rollcall Vote No. 183 Leg.] Cornyn Lankford Sullivan YEAS—77 Cortez Masto Leahy Tester ments to buy carbon credits in Mexico. Cotton Manchin Thune There was $273 million spent trying to Alexander Graham Reed Cramer McConnell Tillis teach foreigners how to fill out grant Baldwin Hassan Risch Crapo McSally Toomey applications to get more welfare from Blumenthal Hawley Roberts Cruz Moran Udall Blunt Heinrich Romney Daines Murkowski Warner the United States, $300,000 to help Bra- Boozman Hirono Rosen Duckworth Murphy Whitehouse zilians get off of Brazilian welfare, and Brown Hoeven Rubio Durbin Murray Wicker half a million dollars spent jump-start- Burr Hyde-Smith Sasse Enzi Perdue Young Cantwell Inhofe ing the Haitian film industry. There Schatz NAYS—8 Capito Isakson Schumer are billions of dollars that we can Cardin Johnson Scott (FL) Hirono Menendez Van Hollen Carper Jones spend on the southern border, but we Shaheen Lee Merkley Wyden Casey Kaine should take it from somewhere and not Shelby Markey Paul Cassidy King Sinema add it to the debt of our kids and our Collins Leahy NOT VOTING—8 Smith grandkids. Coons Manchin Bennet Harris Sanders Cornyn Markey Stabenow The PRESIDING OFFICER. The Sen- Sullivan Booker Klobuchar Warren Cortez Masto McConnell Gillibrand Rounds ator from South Carolina. Cotton McSally Tester MOTION TO TABLE Cramer Menendez Thune The PRESIDING OFFICER. On this Mr. GRAHAM. Mr. President, I am Crapo Merkley Udall vote, the yeas are 84, and the nays are Daines Moran Van Hollen going to move to table this amend- Duckworth Murkowski Warner 8. ment. Being the chairman of the For- Durbin Murphy Whitehouse Under the previous order requiring 60 eign Operations Subcommittee, this is Feinstein Murray Wicker votes for adoption, the amendment Fischer Peters Wyden (No. 901) is agreed to. taking one disaster and creating 100 in Gardner Portman Young its place. This $4.6 billion will destroy The amendment was ordered to be all the humanitarian assistance we NAYS—15 engrossed and the bill to be read a have passed to deal with an unprece- Barrasso Ernst Paul third time. Blackburn Grassley Perdue dented wave of refugees. The global Braun Kennedy Scott (SC) The bill was read the third time. health programs are all impacted se- Cruz Lankford Tillis The PRESIDING OFFICER. The bill verely, including PEPFAR and the Enzi Lee Toomey having been read the third time, the child survival and maternal health pro- NOT VOTING—8 question is, Shall the bill pass? grams. This money comes out of those Bennet Harris Sanders Mr. LEAHY. I ask for the yeas and accounts. Can you imagine how it is Booker Klobuchar Warren nays. going to be to deal with Ebola after Gillibrand Rounds The PRESIDING OFFICER. Is there a cutting the Global Health Program? The PRESIDING OFFICER. On this sufficient second? Programs to counter the influence of vote, the yeas are 77, and the nays are There appears to be a sufficient sec- Russia and China will be zeroed out. 15. ond. Counter-human trafficking programs The motion is agreed to. The clerk will call the roll. will be dramatically reduced. Counter- The PRESIDING OFFICER. The Mr. THUNE. The following Senator is terrorism programs are all affected by question is on agreeing to amendment necessarily absent: the Senator from this amendment. No. 901. South Dakota (Mr. ROUNDS).

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.029 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4543 Mr. DURBIN. I announce that the to stay in session this week to finish fense, told the Senate Armed Services Senator from Colorado (Mr. BENNET), the NDAA bill and allow for a vote in Committee, on which I sit, that the the Senator from New Jersey (Mr. relation to the Udall amendment. Sen- agreement was working as intended BOOKER), the Senator from New York ators should plan to vote on Friday on and had been written with an assump- (Mrs. GILLIBRAND), the Senator from the Udall amendment. Yet the vote— tion that Iran would try to cheat. He California (Ms. HARRIS), the Senator here is the good news—will start first went on to note that while the deal was from Minnesota (Ms. KLOBUCHAR), the thing in the morning and be held open imperfect, it established a strong veri- Senator from Vermont (Mr. SANDERS), into the afternoon to accommodate as fication and inspection regime that and the Senator from Massachusetts many Senators as possible. Iran was complying with the agree- (Ms. WARREN) are necessarily absent. To be clear, obviously, I believe that ment. The PRESIDING OFFICER. Are there the Udall amendment can and should I continue to agree with Secretary any other Senators in the Chamber de- be defeated—I hope with a resounding Mattis’s conclusions. The purpose of siring to vote or to change their vote? vote in the Senate—and that we should the JCPOA was to prevent Iran from The result was announced—yeas 84, put this issue to rest before we break developing a nuclear weapon within a nays 8, as follows: for the Fourth of July recess. Holding 2- to 3-month timeframe. That is the [Rollcall Vote No. 185 Leg.] up the Defense authorization bill is not kind of timeframe we were looking at. YEAS—84 an acceptable outcome. The JCPOA was not intended to cover Iran’s ballistic missile program or its Alexander Ernst Peters The PRESIDING OFFICER. The Baldwin Feinstein Portman Democratic leader. malign activities throughout the re- Barrasso Fischer Reed Mr. SCHUMER. Mr. President, first, I gion. Blackburn Gardner Risch thank the majority leader for under- What the JCPOA did accomplish, Blumenthal Graham Roberts however, was lengthening Iran’s nu- Blunt Grassley Romney standing how strongly we feel on the Boozman Hassan Rosen Democratic side and how many Ameri- clear breakout capacity from 3 months Braun Hawley Rubio cans feel that the constitutional right to 1 year. It included strong limita- Brown Heinrich Sasse tions on enrichment, redesigned and re- Burr Hoeven Schatz of Congress to examine foreign conflict Cantwell Hyde-Smith Schumer and potential war should be upheld. built the Arak heavy water reactor so Capito Inhofe Scott (FL) The fact that we will get a vote on the it can only be used for peaceful-use re- Cardin Isakson Scott (SC) Udall amendment, which is something search purposes and not for the enrich- Carper Johnson Shaheen ment of weapons-grade plutonium, and Casey Jones Shelby we have asked for, is only fair and only Cassidy Kaine Sinema right. There may be differences of required Iran to ship all spent nuclear Collins Kennedy Smith viewpoint on both sides, but the fact fuel out of the country. Coons King Stabenow The agreement also included a bind- Cornyn Lankford Sullivan that it will be on the floor and be de- bated is exactly the right thing to do. ing commitment from Iran to never Cortez Masto Leahy Tester pursue a nuclear weapons program. Cotton Manchin Thune It is something we want and have Cramer McConnell Tillis asked for, and I thank the majority That is in the very beginning part of Crapo McSally Toomey the JCPOA document. This commit- leader for understanding that and al- Cruz Moran Udall ment necessitated a continuous inspec- Daines Murkowski Warner lowing it to happen. Duckworth Murphy Whitehouse Mr. THUNE. Mr. President, I suggest tion regime by the International Atom- Durbin Murray Wicker the absence of a quorum. ic Energy Agency, IAEA. Enzi Perdue Young Further, the agreement included pro- The PRESIDING OFFICER. The visions that would see the inter- NAYS—8 clerk will call the roll. national community reimpose sanc- Hirono Menendez Van Hollen The senior assistant legislative clerk Lee Merkley Wyden tions automatically—the snapback—if Markey Paul proceeded to call the roll. Ms. HIRONO. Madam President, I ask Iran was violating the deal. Instead of building upon the JCPOA NOT VOTING—8 unanimous consent that the order for to address Iran’s other malign activi- Bennet Harris Sanders the quorum call be rescinded. ties, Donald Trump threw out all the Booker Klobuchar Warren The PRESIDING OFFICER (Mrs. Gillibrand Rounds benefits of the deal, took on an enor- BLACKBURN). Without objection, it is so mous risk, and isolated the United The bill (H.R. 3401), as amended, was ordered. passed. States in the process. IRAN The PRESIDING OFFICER. The ma- In early April, the President took the Ms. HIRONO. Madam President, Don- jority leader. unprecedented step of designating the ald Trump and the hawks in his admin- Islamic Revolutionary Guard Corps, ORDER OF BUSINESS istration are fueling a dangerous esca- the IRGC, a foreign terrorist organiza- Mr. MCCONNELL. Mr. President, I lation with Iran, and instead of taking ask unanimous consent that notwith- tion. He designated the IRGC as a for- responsibility for this escalation, the eign terrorist organization. That was standing rule XXII, the cloture mo- President is once again blaming others an unprecedented step, overruling the tions filed on Senate amendment No. for a crisis of his own making. Chairman of the Joint Chiefs of Staff, 764 and S. 1790 occur at a time to be de- Adding to the confusion and concern General Dunford, in the process. Gen- termined by the majority leader in is the President’s penchant for using eral Dunford argued that this first-of- consultation with the Democratic lead- his Twitter account or an outburst its-kind step would put American er. from the Oval Office to jump between troops in the region at risk for retalia- The PRESIDING OFFICER. Is there calling for restraint and embracing a tion. He was right. objection? potential war. Later that month, Donald Trump re- Without objection, it is so ordered. Instead of listening to the Presi- scinded waivers granted to key Amer- H.R. 3401 dent’s latest outbursts or dissecting his ican allies, such as Japan and India, to Mr. MCCONNELL. Mr. President, I latest tweet, let’s take a hard look at purchase Iranian oil, effectively stran- am glad that the bipartisan Senate what he has done to bring us to this gling the Iranian economy in the proc- border supplemental has passed with dangerous moment. ess. Over the past few months, the ad- an overwhelming vote. I commend In May 2018, Trump followed the lead ministration has sent thousands of ad- Chairman SHELBY, Senator LEAHY, and of the hawks in his administration and ditional troops and a carrier strike the members of the Appropriations unilaterally—unilaterally—pulled out group to the Persian Gulf. Committee for breaking the logjam. of the Joint Comprehensive Plan of Ac- These actions, taken unilaterally, S. 1790 tion, the JCPOA, breaking the agree- have isolated the United States from Mr. President, on the NDAA, the ment and leaving its other signatories, our allies, encouraged Iran to stop Democratic leader and I have had ex- especially our allies in Europe, holding complying with elements of the nu- tensive discussions on the path forward the bag. clear deal and to step up their aggres- on the Defense bill. For the informa- Only a few weeks earlier, Jim Mattis, sive actions in the region, and brought tion of all of our colleagues, we intend the President’s own Secretary of De- us to the dangerous precipice of war.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.007 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4544 CONGRESSIONAL RECORD — SENATE June 26, 2019 Although the President made the and Communications Committee. But Mr. MERKLEY. I yield the floor. eleventh-hour decision—actually, 10 these are just Bill’s official titles. The PRESIDING OFFICER. The Sen- minutes before a strike—to call off a He has been a key strategist, writer, ator from Ohio. military response to Iran’s downing of crisis manager, event planner, gram- S. 1790 an Air Force drone, the fact that we marian, computer programmer, and Mr. PORTMAN. Madam President, I got so close to a military strike is graphic designer. From directing key would like to speak about the legisla- chilling, given the implications of ig- communications initiatives to design- tion that is before us right now on the niting an open war with Iran. ing floor charts, no job has been too big floor. It is the annual National Defense We have learned to our peril over the or too small for Bill, and I will be for- Authorization Act, incredibly impor- past few years that Donald Trump does ever grateful. tant legislation that the Senate, pretty not keep his word or the word of our He has drafted and edited countless much every year, is able to pass on a country. He says something one day, speeches, columns, releases, con- bipartisan basis. only to reverse himself at a moment’s stituent letters, statements, and talk- It is really an exception. There is so notice. We cannot rely on his restraint ing points over the years. much else that we are locked up on to avoid blundering into a war with Born and raised in Michigan, he has here with partisan gridlock. With re- Iran. That is why I am continuing to always been able to capture the values gard to our troops, we tend to come to- call on my colleagues to join in sup- and the heart of Michigan in his gether, Republicans and Democrats, porting a vote on Senator UDALL’s writings. His attention to detail is im- and make commitments to them that amendment to the National Defense peccable. He is an expert on proof- we are going to give our men and Authorization Act. reading and has impressively planned women serving in the Armed Forces This amendment makes clear that and organized our annual caucus re- the resources and support they need to only Congress can authorize the use of treats and has provided us with ex- carry out their critical mission. military force against Iran and would traordinary experiences and speakers. We have now proceeded to that legis- provide a clear check on Donald Bill is also one of the most creative lation. I want to talk a little about it. Trump, John Bolton, and other hawks people I know, from designing logos to It has a lot of incredibly important in the administration. inventing the Velcro ‘‘countdown’’ things in it. It is really important to We cannot allow this administration floor chart, like the one you see here, Ohio. and this President a free hand to stack which shows how many days Bill has In my State of Ohio, we have a lot of the deck toward military action and worked for me in the U.S. Senate. It is defense installations. They are very away from meaningful diplomacy. Oth- actually very cool. I have to show you: important to our national security be- erwise, we risk committing another They come off. That is pretty inven- cause they do important work. They generation of American soldiers to a tive. Whenever you see these on the are also important to our Ohio econ- protracted, disastrous war in the Mid- floor of the U.S. Senate, you can think omy. Ohio’s defense spending now ac- dle East. of Bill Sweeney. So we had to make counts for more than 66,000 direct jobs, I yield the floor. sure Bill had his own chart before leav- more than $4 billion in salaries, and The PRESIDING OFFICER. The Sen- ing. more than a $14 billion economic im- ator from Michigan. He is someone who has always been pact. Forty-three of our 88 counties in TRIBUTE TO BILL SWEENEY able to make something look good and Ohio are impacted by these facilities. Ms. STABENOW. Madam President, I function well at the same time. He has So they are critical to our State, to rise today to pay tribute to my long- a passion for organization. He designed our economy, to our soldiers and their time staff member and friend, Bill many of the systems that my office re- families, and to tens of thousands of ci- Sweeney, who will be moving on to a lies on to run efficiently today. As I vilian employees as well. new challenge in his career after nearly said earlier, we literally are using inte- Again, because of the good work 20 years of service on my team. grated systems that Bill has designed being done in Ohio, including at Bill actually started working on the over the years. Wright-Patterson Air Force Base, campaign November 1, 1999, and we Bill is also one of the smartest people which is our largest single employer in were sharing stories of his being up in I know. I will miss his sharp wit and Ohio, it is really important to our mili- a crowded little space changing my his sense of humor. With all of the hats tary readiness and to our national se- ‘‘Stabenow for U.S. Congress’’ signs to Bill has worn, he is leaving very big curity. This bill has proceeded through ‘‘Stabenow for U.S. Senate’’ signs with shoes to fill. I will always be incredibly the Armed Services Committee in the little stickers that we used because we grateful for his loyalty, his work ethic, bipartisan manner in which it usually didn’t have very much money at the his friendship, and his passion for serv- is done. I love seeing that. It is legisla- time. ice. tion that every Member of this body, I Bill has been with me a long, long Bill will be joining the team at hope, will be able to support at the end. time, and after so many years, it is AARP and continuing to work on so It has a lot of important initiatives tough to know what to say because many issues we have championed to- and some much needed reforms—in- there is so much to say. gether over the years. I wish him in- cluding, by the way, this year, a 3.1- Bill Sweeney has worn more hats on credible success and happiness in his percent pay raise for our troops. I my team than anyone ever has. He new chapter in his career. I apologize, think that is necessary. They are in started working on my campaign, as I but I am so happy he is moving on to harm’s way around the world. They are mentioned, for the U.S. Senate as a a big challenge and yet so sorry to lose ensuring our safety, and we should en- fundraiser. After the campaign, I hired him. sure that they are fairly compensated him as my systems administrator, and Thank you, Bill. for their hard work and their sac- he played an integral role in setting up I suggest the absence of a quorum. rifices. my new Senate office. By the way, we The PRESIDING OFFICER. The One of the bill’s other important ini- are still today using the systems he set clerk will call the roll. tiatives that has a big impact on my up, and I truly believe they are the The bill clerk proceeded to call the State is authorizing $1.7 billion to in- best the Senate has. roll. crease the rate of production for both After a short time, I promoted him to Mr. MERKLEY. Madam President, I our M1 Abrams tanks and also for up- director of information technology. ask unanimous consent that the order grades to 165 tanks that are already in Then, Bill’s gift for messaging and for the quorum call be rescinded. service. That is an increase from last writing led to more promotions as my The PRESIDING OFFICER. Without year’s figure. It also authorizes about director of outreach, speechwriter, and objection, it is so ordered. $249 million to upgrade the Stryker ar- then senior communications adviser. (The remarks of Mr. MERKLEY per- mored fighting vehicles. Eventually, he took on a broader role taining to the introduction of S. 1987 This is great news for the men and on my team as deputy chief of staff, are printed in today’s RECORD under women who are out in the field in our chief of staff, and his position now as ‘‘Statements on Introduced Bills and Armed Forces. They love these vehi- staff director of the Democratic Policy Joint Resolutions.’’) cles, and they need them. The Abrams

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.035 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4545 and the Stryker are the most advanced Now, frankly, we kept it open mostly Nowhere is Russia’s continued ma- and lethal tanks and armored vehicles through foreign sales. Other countries ligned behavior on display more than on the battlefield today. One of our pri- around the world, including our allies, in the country of Ukraine. For the past orities in Congress should be to ensure were still buying Abrams tanks and 5 years, we have seen Ukraine work to that we are providing our troops with Stryker vehicles. And Israel was buy- break free of Russia’s orbit and seek what they need to be able to do their ing the Nemera vehicle, which is an ar- greater integration with the demo- duty and to protect themselves. We mored vehicle that is much like our cratic framework of the West, with the want to be sure they have the highest Abrams tank without the turret. That EU, with the United States, and with quality equipment to be able to do kept us going, plus a little bit of up- our NATO allies. Most vividly during that. Only by ensuring that these funds grade to our tanks. the 2014 Maidan protest in Kiev, Russia are allocated to such key vehicles like Now, today, again, and since 8 years responded to these appeals for democ- this can we be sure our Armed Forces ago, when there was a proposal to shut- racy by illegally invading and annexing are able to maintain their advantage— ter this plant, we have been able to in- Crimea, which remains occupied in vio- their qualitative advantage on the bat- crease production slowly but surely to lation of international law to this day. tlefield. the point that today we have the abil- In the eastern region of Donbass, This isn’t just a big win for our mili- ity to really have that plant humming. more than 4,000 Ukrainian soldiers tary, however. It is also a big win for a We have a lot of people who are work- have been killed fighting Russian- plant called the Joint Systems Manu- ing. It is on its way up, and that is backed separatists. I have been to the facturing Center, or JSMC, which is really exciting. frontlines, the so-called line of contact the tank plant in Lima, OH. The best The funding allocated under this leg- in the Donbass, and let me tell you tanks and armored vehicles in the islation we talked about today is really that it is very much a hot war. Just world are made at this plant. It has the important because it will allow this last November, the Russian Navy at- best workforce in the world to do it. I JSMC—the Lima tank plant—to hire, tacked three Ukrainian naval vessels have seen them in action many times. train, and retain more workers dedi- and captured two dozen Ukrainian sail- It is the only facility in the United cated to making the best equipment ors in international waters near the States that has the capacity to produce possible to protect our troops. Kerch Strait. These individuals remain I will tell you that the workers at tanks like the Abrams tank and the unlawfully detained by the Russian the tank plant are very proud of what Stryker armored vehicle. It is a really Government to this day. I urge my they do. A lot of them are veterans. important strategic asset for our coun- Senate colleagues and the entire inter- They know that what they are doing try in Lima, OH. national community to join me in call- Having been out there a lot, visiting every day by providing these armored ing for the release of those sailors. with the workers, watching them work, vehicles has the potential to save the I know here, on this side of the At- seeing what they can make, and having lives of the American men and women lantic, what is happening in Ukraine in uniform across the world who are re- talked to the soldiers in the field who can sometimes seem like it is half a lying on these vehicles to keep them use these products, I can tell you how world away, but it is not. It is very rel- safe and to be able to have that quali- important they are. Most recently, I evant. In a sense, it is where the mod- tative advantage on the battlefield by was at the Lima tank plant in March ern battle is taking place between two having the best equipment possible. different ideologies—between whether where I was able to speak directly with Last year, I had the opportunity to the workers there about the long-term a country wants to go toward freedom be the first Member of Congress to see and democracy in the West or whether, health of the Lima plant, which the the latest models of the Stryker Dra- Obama administration, about 8 years again, to stay under the orbit of the goon vehicles, up-armored at Lima. Russian influence. ago, attempted to shutter. This was a real fight also. The Army Here, in Ohio, we have a large and vi- The President sent a budget to Con- came to us and said: We need to have brant Ukrainian-American community, gress—President Obama—saying we some additional capability with regard particularly in Northeast Ohio, who would like to close down the tank to our Stryker vehicles to be able to have a vested interest in seeing that plant because in the future we won’t push back against potential threats on their ancestral homeland can defend need these tanks, at least not imme- the European continent. At that time itself from Russian aggression as it diately, and some day we will have a we had no tanks in Europe, and we works to align itself more with NATO new generation of tanks, and mean- needed to upgrade what the Strykers and the West while promoting a plat- while, let’s just shut down this plant. could do by providing for additional form of democracy, freedom, trans- Some of us stood up, and I fought lethality, particularly to provide a tur- parency, and free markets. against that. We were able to convince ret on top of the Stryker vehicle. We Frankly, we should all be supportive the U.S. Congress to overturn what the did that. of Ukraine’s efforts to reshape itself as President wanted to do and instead to Now, as I saw with the 2nd Calvary a beacon of liberty in the region. As co- provide funding for the tank plant to Regiment in Germany, they are using chair of the Senate Ukraine Caucus, keep it open. Even though production these vehicles, and those drivers of which I cofounded with my colleague was down at that time, we were able to those vehicles, those other troops who Dick Durbin, I have been an advocate keep the plant open and not have it be are using those vehicles, love them. It of the Ukraine as it works to break mothballed, as the administration feels like, again, it gives them the abil- free from Russia’s influence. I traveled wanted to do. Thank goodness we did ity to be effective on the battlefield. to Kyiv to meet with their newly elect- that because now we know—particu- They are also training with a coalition ed President, Volodymyr Zelensky. I larly with the Russian influence in Eu- of our allies, including Poland, the am encouraged from my meetings that rope and what our allies are telling us United Kingdom, and Denmark. The they will stay on the right path toward they need—that we have to have these work our men and women in uniform reform, but to properly do so, they also armored vehicles and these tanks, and are doing with our allies in Europe is have to defend themselves from Rus- we need to continually upgrade them. vitally important because it forms a sian aggression. If we had shut down that plant, we framework of defense to protect our For the past 3 years, I have success- would have lost this incredible work- NATO allies from aggression. fully introduced and passed amend- force that is there building something The importance of an American mili- ments to the legislation before us that is unique. There is nothing quite tary presence in Europe has never been today, the National Defense Authoriza- like the welding, as an example, and in doubt, but perhaps now, more than tion Act, to expand U.S. military aid to the cutting that goes into our tanks. at any time since the end of the Cold the Ukraine. These provisions built and We also would have lost the supply War, the security of Europe is uncer- expanded the primary statutory frame- chain. That would have been detri- tain. We have seen repeatedly, these work for U.S. security assistance to mental. It would have cost taxpayers past few years, instances of military Ukraine, the Ukraine Security Assist- so much more to try to take that plant aggression, electoral interference, and ance Initiative. out of mothballs and recreate it again diplomatic provocation by Russia to- This year, I was pleased to see a fur- than to keep it open as we did. ward its western neighbors. ther $300 million authorized in lethal

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.043 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4546 CONGRESSIONAL RECORD — SENATE June 26, 2019 and nonlethal aid to Ukraine in the when I give these remarks, I like to ater and singing. Anybody who knows NDAA. This security assistance pack- talk just a little bit about what is Cal knows this is another thing that age is good news and sends a strong going on in Alaska at the time. has stayed with him throughout his signal that America stands with the We have just celebrated the summer life. Ukrainian people, and we will make solstice, which in a lot of States isn’t a Then, like his patriotic mom and sure their military has the capabilities big deal, but in Alaska, it is actually a dad, he decided to enlist in the Air it needs to defend its sovereign terri- huge deal. It is the longest day of the Force. He was stationed at Vandenberg tory on land and in the sea and air. year, which was last week, and that Air Force Base, where he worked on But our commitment to Ukraine se- really means something. You get the 12 the Titan II Missile System—an elite curity should extend to other forms of midnight Sun energy, and everybody is position, something that he credits to support as well. I have offered an out. There are celebrations throughout the schooling he received at Little amendment that I hope will be in- the State. Friends and neighbors gath- Flower. cluded in the final bill to pressure Rus- er at parties and community events When he got out of the Air Force, he sia to release the Ukrainian sailors well past 12 midnight. I had the oppor- made it back to Louisiana to take care kidnapped in the Kerch Strait. It would tunity to spend last weekend in Fair- of his father, who had gotten sick. This do so by adding the release of the 24 banks, AK, where there was a 12 mid- was during the height of the movement Ukrainian sailors as a condition for night Sun baseball game and a 12 mid- for civil rights—one of the greatest any U.S. military cooperation with night Sun 10K run. I got to participate movements, of course, in our Nation’s Russia. We need to take a firm stance in some of that. There was just great history, a lot of which took place here against Russia’s blatant disregard for energy and a great feeling and a lot of on this Senate floor. As he often does, international law in this matter, and sunlight all night. Cal jumped in. He jumped in with both passing this amendment will help us do Across the country and in Alaska, we feet. He began working with CORE, the so. also just celebrated Juneteenth, which Congress of Racial Equality—one of the I am glad to see that the National marks the anniversary of the Emanci- leading civil rights organizations in Defense Authorization Act will keep pation Proclamation. Anchorage cele- the early years of the civil rights the lines of production running, from brated the weekend before last, and Cal movement. He and six other students the factory floors in Lima to the Williams, our Alaskan of the Week, were the first Black students to proud- frontlines all around the world. I am was there, as he has been there nearly ly integrate what was then called glad we will be continuing to help every year since the first celebration in Northeast Louisiana State College. Eventually, a friend who had moved Ukraine defend itself from unlawful the 1980s. Cal is a staple at that event to Alaska talked him into coming up Russian aggression. I hope we can also and has been at so many other events to our great State. This was in 1965. Cal push for the release of the Ukrainian in Alaska over the decades where peo- brought all of his intelligence, his the- sailors who have been detained ille- ple get together, where he has been a atrical and musical talents, his abiding gally in the Kerch Strait. community leader and has tried to do deep faith, his fun, and his deep com- I look forward to voting on the bill’s good things for our communities mitment to civil rights and community final passage in the Senate in the next throughout the State. So let me tell service to our State in 1965. week so the men and women who give you a little bit about Cal and how In some ways, it was a good time to so much of themselves to keep us safe lucky we are to have him in the great be an activist in Alaska. Our State cer- have the resources they need to fulfill State of Alaska. tainly isn’t perfect. It is a State, their important mission. He was born in 1941 in Monroe, LA. I though, that is very committed to I yield the floor. know we have some Louisianans as equal rights and justice for all. Yet, I suggest the absence of a quorum. pages here. That was the segregated just like everywhere in the country, we The PRESIDING OFFICER. The South, and he was born 7 days before had our problems, and we had our chal- clerk will call the roll. the Japanese attacked Pearl Harbor. The senior assistant legislative clerk lenges. As I mentioned, we certainly He is from a very patriotic family. His were not perfect in that realm, so Cal proceeded to call the roll. parents immediately joined the cause Mr. SULLIVAN. Mr. President, I ask had work to do. of fighting and supporting our Nation Initially, he was a dishwasher in the unanimous consent that the order for during World War II. His mother hospital by day and was a community the quorum call be rescinded. worked in the factories to help out the activist by night. He helped to lobby The PRESIDING OFFICER (Mr. war effort, and his father joined the the mayor’s office in Anchorage to get CRAMER). Without objection, it is so or- Army and was sent to the Pacific the- paved roads and to bring electricity to dered. ater to defend America. predominantly African-American TRIBUTE TO CAL WILLIAMS Basically, Cal was raised by his neighborhoods. He also helped bring Mr. SULLIVAN. Mr. President, it is grandmother, who happened to live people into the voting booths, which Wednesday. Now, normally it is Thurs- across the street from church and a K– was so important. day when I come down here to talk 12 Catholic school, built and run by the The same friend who brought him to about somebody who is making a huge Franciscans to serve the African-Amer- Alaska, Charles LeViege, started a difference in my State, somebody we ican Catholic community in the area. newspaper that focused on the African- refer to as the Alaskan of the Week, Nobody in his family was Catholic, but American community. He joined with someone who is doing something for it was the best school in the area, so the Alaska Native leadership to lobby the community or the State or the that was where he went. The lessons he for the landmark legislation that, country or maybe all of the above. I was taught at this school, the Little again, took place on the Senate floor, know we have a new set of pages, but I Flower Academy—to serve the less for- here, in 1971—the Alaska Native Claims think it is commonly known that this tunate, to feed the hungry, to help all Settlement Act. He became the presi- is the most anticipated speech of the in need—have stayed with Cal forever dent of the Anchorage chapter of the week by the pages. I see the heads nod- and have really driven his sense of NAACP, of which he is still a vice ding, so that is great. service. president to this very day. You guys are learning well, early, so The much beloved Sister Consuela, I have only gotten to 1971, and you that is wonderful, and I know that the who was the longtime principal and can see how much he has done. Presiding Officer really enjoys it as homeroom teacher, made sure that he In the 1970s, he had a little sojourn in well. learned all this. Hollywood to fulfill a lifelong dream of I am going to talk today about Cal- Sister Consuela was feared and respected. being in the movies. He was. He got vin Williams, whom everybody in Alas- If you did anything bad, if the Sister didn’t some gigs—a spot in a film with Angie ka knows as Cal, who is our Alaskan of see you [do something bad], you knew that Dickinson. The pages don’t know who the Week, who lives in Anchorage via God did. I carry that with me today. she is, but she was a great actress. Louisiana. I am going to talk a lot After high school, he attended Gram- But like some people who leave Alas- about Cal here and why he certainly bling State University—another all- ka, he missed it too much, so he de- deserves this great honor, but also Black school—where he pursued the- cided to come back, and he did.

VerDate Sep 11 2014 07:14 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.045 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4547 So over the years since he has been Among other things, he was instru- The PRESIDING OFFICER. Without back, he has helped raise funds for an mental in the 2018 Coast Guard Author- objection, it is so ordered. African-American economic develop- ization Act. The subcommittee that I IMMIGRATION ment venture. The group built a build- chair on the Commerce, Science, and Mr. DURBIN. Mr. President, the issue ing in the Fairview community of An- Transportation Committee is in charge of immigration is one that is front and chorage, which is still there today. of the Coast Guard. We were the ones center in the minds of most Americans, They had a social club on the top spon- drafting that. It had many provisions as it should be. sored by the Alaska Black Caucus—a in it for the whole Coast Guard, cer- For the last 21⁄2 years, our country place to meet with executives and bank tainly many for Alaska and other parts has been roiling with immigration con- officers in a nice setting, community of the country. troversy. This new President, now 21⁄2 leaders. He also brought his expertise to the years into his term, came to office and He worked in television. He worked 2017 and 2018 Homeland Security budg- immediately instituted a travel ban on for the Alaska Housing Finance Cor- ets. His efforts helped secure landmark a majority of Muslim countries. It was poration, which has been key to help- appropriations for the first Polar Secu- controversial. ing people get home ownership. rity Cutter, an icebreaker for the Coast In the city of Chicago, people showed All through these years, he clung to Guard, the first one in 40 years, and for up spontaneously at the airport, law- his roots and his faith. He is a member critical infrastructure projects for the yers, to counsel travelers to try to find of the Knights of Columbus and a faith- Coast Guard around Alaska and around some volunteer effort that might re- ful parishioner at St. Anthony’s Catho- the rest of the country. spond to their worry and concern about lic Church in Anchorage, where he is Probably his signature initiative— the travel ban imposed by President the director of the church’s Filipino and very, very hard work—was on a bill Trump. gospel choir, which sounds like angels. that we affectionately know in my of- The case went to court. The court ‘‘When we sing,’’ he said, ‘‘we sing for fice as the Save Our Seas Act, both the stayed this decision and, in a later ad- the Lord.’’ And no doubt, when they first one, which our offices worked judication, allowed it to go forward. sing, the Lord is listening. closely on with Senator WHITEHOUSE It was the first of many actions He visits prisons to read the Bible from Rhode Island and was signed by taken by President Trump on the issue with inmates, sings every week to the the President last fall to much fanfare of immigration—most of them very patients at Providence Extended Care in the Oval Office, and our Save Our controversial. and every other week to our senior Seas Act 2.0, which Senator WHITE- I remember the repeal of DACA in home, which we call the Pioneer Home HOUSE and Senator MENENDEZ and I September of 2017. This is a program I in Alaska. The residents there love rolled out in a press conference just had worked on for years. It started Cal’s Elvis impersonations. this morning. with the DREAM Act, which I intro- If you are in Alaska and happen to be SOS 2.0, as we call it, is an innova- duced with my fellow U.S. Senator there for Christmas, you should stop by tive piece of legislation that really sets Barack Obama as cosponsor. We tried Bean’s Cafe, a place where the hungry us on a promising path as a nation to to pass it here in the Senate but were go for a meal, and Cal will be there tackle the serious problem of plastics, stopped time and again by the rules of every Christmas wearing a Santa cap, ocean debris, and trash that enter our singing for hours for everybody who the Senate and the filibuster. oceans and harm fisheries, marine life, Regardless of that, time passed and comes in the door. and possibly human life. This litter This is a gentleman who has done so President Obama became President, ends up on the shores of Alaska, all and I appealed to him, with the assist- much for his community and my State, around America, and threatens the and what is he most proud of? When ance of Senator Lugar, a Republican livelihoods of coastal communities Senator of Indiana, asking if he could asked, ‘‘My greatest achievement was throughout America. in 2017 when I received the St. Francis find some way as President to provide Tom did yeoman’s work to ensure relief to these young people brought to Stewardship Award from the Arch- that we introduced in the Senate today diocese of Anchorage,’’ Cal said. the United States as children, who a comprehensive, substantive bill that wanted a chance to earn their way to St. Francis was the patron saint of all stakeholders—Democrats, Repub- the Little Flower Academy. ‘‘I have legal status in America. licans, the Trump administration, en- President Obama came up with a pro- come full circle,’’ he said. ‘‘Sister vironmental groups, industry—are all Consuela would be proud of me.’’ Then gram called DACA, and that program working on together. Literally, all of said that if you are one of those chil- he adds: ‘‘But nothing was ever enough the key stakeholders on this critical for her.’’ dren, you could come forward, pay a issue are pulling on the same oar. substantial filing fee, go through a It is enough for all of us, though, Cal. He did incredible work on this bill. criminal background check, and if we I thank him for all he has done for An- He is a great team player, someone I established that you are no threat to chorage, for so many different commu- am proud of and we are going to miss. this country, that you are moving for- nities, for Alaska, and as an example Tom is getting married this summer ward with your education and had for our country—for his generosity, to his fiance Meg, and they will be en- plans for a job and a career, we would kindness, enthusiasm, faith, and faith- tering a whole new chapter in their allow you to stay legally in the United filled service throughout his life. lives. It will be an exciting one, I am Congratulations to Cal for being our States and not be deported for 2 years sure. We wish them all the best. Alaskan of the Week. I can’t thank Tom enough for all of at a time, renewable—check in and TRIBUTE TO THOMAS MANSOUR the work he has done for my State, for make sure that your status hasn’t Mr. President, it is with a heavy our country, and I ask that all of my changed. heart that my office is saying goodbye colleagues in the Senate recognize the In the end, 790,000—790,000—young to my very first Coast Guard fellow, re- great work that he did. Just here on people across America took advantage cently promoted—actually, promoted the spot, I might even make him an of DACA. Their lives were changed yesterday—to lieutenant commander, honorary Alaskan of the Week for the overnight. With DACA, there was no Thomas Mansour. great job he has done. longer a fear of a knock on a door. Thomas happens to be sitting right Thank you for the opportunity to say They could become students and, as next to me here on the Senate floor. a few words about Tom. students, become teachers. Tom is from Montgomery County, MD. I yield the floor. They can learn skills to be nurses, He graduated from Eckerd College in I suggest the absence of a quorum. engineers, entrepreneurs, even doctors. St. Petersburg, FL. We were lucky to The PRESIDING OFFICER. The It was a liberation for these 790,000 have him join my office as a Coast clerk will call the roll. given the chance, finally, to be part of Guard fellow for the last 2 years, and The legislative clerk proceeded to America and its future. he has done great work. call the roll. As I have said so many times on the I am going to brag about him a little Mr. DURBIN. Mr. President, I ask floor, and Senator MENENDEZ was the bit here on the floor. I will probably unanimous consent that the order for first to ever say it, and I thought it embarrass him. the quorum call be rescinded. was such an apt description of these

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.047 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4548 CONGRESSIONAL RECORD — SENATE June 26, 2019 young people: They had spent their en- policy—was such an abject failure. This is an illustration of the crisis in tire lives pledging allegiance to that Even ‘‘ending it’’ didn’t end the strug- real terms, a crisis we face at this bor- flag every morning, believing it was gle that many of these young people der that should never be taking place. their flag. They learned, at some point, are still going through to this day. Valeria, this 23-month-old girl, ac- they were not legally here in America. That was the fourth thing this Presi- cording to her mother, loved to dance, President Obama gave them a chance— dent did by way of getting tough on play with her stuffed animals, and 790,000. immigration policy. brush the hair of her madre and padre. In September of 2017, President Don- Then he announced several weeks ago Her father Oscar had sold his motor- ald Trump ended the DACA Program. in one of his infamous tweets that he cycle and borrowed money to flee from He challenged Congress: Pass a law. was going to initiate a policy of mass El Salvador to come to the United Don’t rely on an Executive order; pass arrests and mass deportations. There States. He and his wife, Tania Vanessa a law. Well, we tried. We tried, on a bi- are some 11 million—that is the best Avalos, were simply looking for safety partisan basis in the Senate, and Presi- estimate—undocumented people in this and opportunity for their family. dent Trump rejected our effort. It was country, and the President said mil- Vanessa’s mother said: ‘‘They wanted a unfortunate, but it meant that these lions would be deported. We saw it in better future for their girl.’’ They people—these 790,000 and hundreds of its earliest stages around the city of planned to cross into the United States thousands of others who could have Chicago. and seek asylum and try to find a safe Betty Rendon, a grandmother who been eligible—were stopped in their place in the future. tracks. Luckily—luckily—the courts had been in the United States for more That is the reality of what we are came to their rescue and said for these than 10 years, was deported. How dan- discussing on the floor of the Senate gerous was Betty Rendon to this coun- people, despite President Trump’s deci- this evening and have been for the last try? Not at all. In fact, she was a semi- sion, the 790,000 should be protected several days. Unfortunately, President nary student at a Lutheran seminary from deportation. No new ones could Trump responded to this tragedy with near Chicago. She had deep family apply, but it gave them temporary re- a political statement. He tweeted: roots, children and grandchildren in lief, which could end any day, any the community who were American ‘‘The Democrats should change the week, or any month. That, in my mind, citizens, but that was not enough. ICE, Loopholes and Asylum Laws so lives was the second major move by Presi- the agency of enforcement of Depart- will be saved at our Southern Border.’’ dent Trump to roil up this immigration I might remind the President that ment of Homeland Security, issued de- situation in America, to get tough on the same laws he now deals with in this portation orders, and she was forced to border crisis were exactly the laws 790,000 young men and women who sim- leave this country. ply wanted a chance to live in this I have asked those in charge at the President Obama was faced with when country. Department of Homeland Security: he was President. Something different He then terminated temporary pro- What threat was this woman to Amer- has happened. It isn’t just the laws of tected status. That was a category of ica? After being here 10 years and liv- this country; it is the way we are ad- immigration given to people who were ing a life that showed she was no ministering the laws that currently in dire circumstances—victims of ter- threat to anyone, why was she a pri- exist. rible extreme weather events or polit- ority to deport from this country? I sincerely believe we are better than ical and human disasters in their coun- They couldn’t answer. this situation depicted in that photo- try—who were allowed to come here Now we have an unprecedented hu- graph and what we have heard over and and live in the United States in a pro- manitarian crisis at our border. I over. I believe America can have a se- tected status, hundreds of thousands of thought long and hard about the state- cure border and respect our inter- them from all over the world. This ment I am about to make and the national obligations to provide safe President, Donald Trump, said: The photo which I am about to display. haven to those fleeing persecution, as end of it. We are going to put an end to Even though it has been on the front we have done as Democrats and Repub- it. It is over. That was the third strike page of major newspapers like the New licans for decades before this adminis- as far as I was concerned, but it wasn’t York Times, it is such a heartbreaking tration. the end, by far. photo that I at least warn in advance Yesterday I met with Mark Morgan. Last June 2018, with a great deal of anyone following this speech that if Last month, President Trump named pride and with biblical quotes, Attor- you would be troubled by the images in him as Acting Director of U.S. Immi- ney General Jeff Sessions came forward this photo, please look away or turn gration Customs Enforcement, ICE. and announced a zero-tolerance policy: away from what I am about to show Mr. Morgan, a former marine and Anyone presenting himself at the bor- you, but I believe it has to be shown to former FBI agent, had been asked to der would be considered suspect crimi- the American people. It is a photo of a carry out the mass arrests that Presi- nal, and if they had in their custody a shocking and horrifying image of Oscar dent Trump talked about in his tweet young child, they would be separated. Alberto Martinez Ramirez and his 23- several weeks ago and the mass depor- In the end, at least—at least—2,880 in- month-old daughter Valeria. They died tations of millions of immigrants fants, toddlers, and children were sepa- in their effort to try to cross from Mex- whom the President had threatened. rated from their parents. It was a dra- ico into the United States. This is the Shortly before I met with Mr. Mor- matic move. It was an inhumane move, photo which was in the newspapers. It gan, he was named to a different posi- but it was done to create what they is a shocking portrayal of the despera- tion, Acting Director of U.S. Customs call a deterrence to discourage people tion this family faced. and Border Protection. As of yester- from coming to our border. Within We are told by his wife that they day, he moved from being in charge of days, the public reaction against zero tried to come through the ordinary interior enforcement within the United tolerance grew to a point where even port of entry, the usual place to States to be in charge of solving the this President, who does not have present yourself to seek asylum in the humanitarian crisis we now face at our ‘‘sorry’’ in his vocabulary, came for- United States—this mother, father, border. ward and said they were going to end and child—and they were told that the If that sounds like a rash move and that policy of zero tolerance. ordinary port of entry was closed to hard to explain, it is not the only one. What about the children, though, the them. So they attempted to cross the In the 21⁄2 years that President Trump ones who actually were separated? It Rio Grande River. has been President, we have had four took a Federal judge in Southern Cali- From what we were told, this father different people leading the Depart- fornia to come forward and say there took his little daughter, less than 2 ment of Homeland Security—four—in had to be an accounting of the children years old, and swam across the river. 21⁄2 years, and it is not the fault of the and their parents and a reuniting. It He put her on the bank and then went Senate or Congress for holding up went on for weeks and months. Still, to back to help his wife come across. His nominations. They just change that this day, there are children adrift in daughter panicked and jumped in the often. Within the Department of Home- America. Their families can’t be found river behind him. He tried to rescue land Security, in every major depart- because zero tolerance—this inhumane her. They both drowned. ment, we have had repeated turnovers

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.049 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4549 and changeovers in the leaders there. Last month, I led 24 Senators in call- brought to a place of safety. And we Even those today who are nominally in ing on the International Committee of have to have a timely process so that charge are in an acting capacity. They the Red Cross and the inspector gen- the determination of eligibility is not 1 can’t bring them through the regular eral of the Department of Homeland year or 2 years in the future. It is time order of vetting and background checks Security to investigate these Border for us to work together on a bipartisan to be given these responsible positions. Patrol facilities, including the ones I basis to do that. So as of yesterday, Mr. Morgan is in visited in El Paso. The circumstances Mr. President, I see another Senator, charge of this crisis at the border. there were unacceptable by any normal my colleague from Oklahoma, on the There is a gaping leadership vacuum American standard. To think that we floor. I hope he can give me 10 minutes. in the Trump administration’s Depart- were packing these people into deten- Thank you. I appreciate that. ment of Homeland Security. To have tion cells far beyond the capacity—‘‘ca- IRAN four different heads of the Department pacity 35’’ written over the door. I Mr. President, although I may not in 21⁄2 years, to have every position of counted 150 standing shoulder to shoul- often say it, I want to make it clear. I responsibility for immigration or bor- der in that room with one toilet. It is think President Trump made the right der security held by a temporary ap- just unacceptable and impossible to ex- decision the other day in deciding not pointee is unacceptable, and the White plain that this is happening in Amer- to start a war with Iran. He must ac- House has not submitted names to Con- ica. cept responsibility for some of the gress for permanent nominations to For me to call on the international challenges we now face. these positions. Red Cross to look at this circumstance I think the decision to walk away The Trump administration can shuf- is something I never thought I would from the agreement that prohibited fle the deck chairs, but we know the do. I have done that before but only in Iran from developing nuclear weapons obvious: President Trump’s immigra- foreign countries, asking that some of was shortsighted. By every report that tion and border security policies are the horrible conditions in the deten- we have received, this agreement— failing. Their failures are found not tion of prisoners be investigated by the international agreement—with inter- only in the detention of children and International Red Cross. I never national inspectors was being followed families in inhumane circumstances thought I would be asking the same of by the Iranians. Yet the President de- but also this tragic photograph of a the Red Cross, to look in America. cided to walk away from it. His at- desperate couple turned away at the Earlier this month, the inspector tempt to isolate Iran from our allies, border who tried their best to find an- general of the Department of Homeland to seek regime change, and to declare other way to present themselves in the Security released a report detailing the economic war on Iran, unfortunately, United States. inhumane and dangerous overcrowding have all led to this moment in history We have a responsibility in Congress, of migrants at the El Paso port of where a confrontation seems immi- Democrats and Republicans, to deal entry, which I had visited. The office nent. Many around the President here in with this crisis that has been created found the overcrowding was ‘‘an imme- Washington and abroad have been anx- by this administration. diate risk to the health detainees and ious for a conflict with Iran. Many of In February, after the President fi- DHS employees.’’ the same people were anxious for a con- nally agreed to end the longest govern- Earlier today, the Senate passed leg- flict with Iraq. I remember that. I re- ment shutdown in the history of the islation with funding to alleviate some member it well because I was one of 23 United States, Congress passed a bipar- overcrowding at the CPB facilities and Senators who voted against the inva- tisan omnibus appropriations bill that to provide food supplies and medical sion of Iraq. They are still there, en- included $414 million—in February, $414 care to migrants. This bill we have gaged in a war some 17 years later. million—for humanitarian assistance passed also includes critical funding Thousands of American lives have been at the border. I have asked what hap- for the Office of Refugee Resettlement lost, and thousands more have been in- pened to this money. The explanations to care for migrant children. jured. We are spending trillions of dol- are hard to follow. Some said: Well, The House of Representatives passed lars in taxpayers’ money in a war with- more than half of this humanitarian their own version of the bill last night. out end in Iraq. assistance has been invested in a build- The House legislation, which I also One of the great tragedies of the Iraq ing which will be ready for occupancy support, includes critical oversight war, one of the few its architects have in about a year and a half. measures, particularly when it comes ever admitted, is that the Iraq war ac- Here we have kids without diapers at to these children. Now it is time for us tually ended up empowering Iran. the border, questionable food sources, to reach an agreement—the House and Today, the Iraqi Government is actu- filthy clothes, separation of children the Senate, Democrats and Repub- ally something of an Iranian client from families, and they are setting out licans—and to do it in a timely fashion. state. Yet the same unrepentant voices to build a building that might be open I am willing to work with my col- are again beating the drums for regime in a year and a half. It would seem to leagues to find a bipartisan answer, as change and another war in the Middle me that those who were in medical I did on the first version of this, which East. practice and triage cases would cer- passed in the Senate. What is hap- Do the American people want a third tainly start with the immediate hu- pening at our border is unacceptable. war in the Middle East at this moment manitarian challenge before they start The President has to come to realize in our history? I don’t think so. the long-term responsibility of build- that just getting tough is not the an- Some have even had the audacity to ing a building. More needs to be done swer; it takes more. argue the 2001 authorization for use of at our border. We need to commit ourselves to military force approved by this Con- In April, I visited El Paso, TX. What international assistance in these three gress to respond to those who attacked I saw in the Border Patrol’s over- countries that are the sources of these us on 9/11 somehow gives this President crowded facilities was heartbreaking. I people: El Salvador, Honduras, and authority and permission to invade want to add here, as I do every time I Guatemala. Overwhelmingly, those are Iran. I don’t agree with that at all. bring this up, that I believe the men the origins of these migrants who come I cannot imagine anyone here who and women—the professional men and to the United States. took that vote 18 years ago thought women at the border, the ones I met We have to realize, as well, that peo- they were voting to start a war with and spoke to—are caring people. They ple are coming here in desperate cir- Iran that would still be going on 18 are genuinely concerned by the human- cumstances, as this photograph I years later. I find that impossible to itarian crisis they see unfolding before showed on the floor depicts. Many believe. them every single day. Some undoubt- times they are prepared to risk their The Constitution is clear. Article I, edly have done improper things and lives and even lose their lives as they section 8 says that the power to declare mistreated these detainees, but the try to make it to the United States in war is the explicit power of the U.S. ones I spoke to understood, as human desperation. We have to find a way, an Congress, and it should be. beings, the need for us to do more as a orderly way, to accept those who truly No one should ever send our sons and country. need our protection and need to be daughters into war without the consent

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.050 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4550 CONGRESSIONAL RECORD — SENATE June 26, 2019 of the American people through their the decision to overthrow Saddam was It is a $750 billion authorization. elected representatives. Our Founding correct.’’ He made that statement 1 There will be additional appropriations Fathers were wise in making sure this month after writing a New York Times that have to be done to be able to des- awesome power did not rest with a op-ed piece entitled: ‘‘To Stop Iran’s ignate that, but that is exactly what King-like or Queen-like figure but with Bomb, Bomb Iran.’’ President Trump had asked for and the people’s elected representatives. Sadly, what I find most stunning said is what is needed, and it is what I have made this same argument in about the administration’s march to the Department of Defense has said the House and in the Senate during my war in Iran is that its actions have, in that they would need to keep our coun- career, regardless of who sat in the fact, contributed to the current mess try safe and to prepare for the future. White House, a Republican or a Demo- and Iran’s threat to restart its nuclear There are a lot of elements in the crat. program. bill. I want to identify a few of them, Recently, I was pleased to join with President Trump has been pursuing a beginning with a 3.1-percent pay in- Senator UDALL and others in legisla- policy impossible to follow: calling for crease for our troops. That is some- tion reaffirming no war with Iran with- a regime change, trying to flatter and thing that is much needed. The pay for out the consent of Congress. This bill is meet with the Iranian President our troops has been very, very behind also now an amendment to the Na- Rouhani, trying to negotiate a better for a long time, and this starts an ini- tional Defense Authorization Act. I deal, threatening Iran militarily, tight- tial process of getting them a little bit sincerely hope we will have a timely ening sanctions. Who knows what the above inflation to start trying to catch vote to make sure the President under- policy is going to be from day to day. up. stands that he cannot authorize the in- The President impulsively withdrew It also deals with an issue that is vasion or military force in Iran with- from the nuclear agreement without very important to our military fami- out the approval and permission of first designing a credible way to get a lies, and that is their housing. There Congress. better agreement. He went on to des- are many areas and many bases and Some of the eerie, familiar state- ignate Iran’s military as a terrorist or- posts around the country and around ments and distortions used to sell the ganization, even against the advice of the world where the housing has fallen Iraq war are reappearing now. Vice our military. And he tried to starve behind: mold issues, plumbing issues, President Cheney repeatedly warned us Iran of the agreed benefits it was to re- electrical issues, roofing issues, and in those days that Saddam Hussein was ceive from the original deal. flooring issues. It is important for the members of our military to have a safe actively pursuing nuclear weapons. He Let me be clear. There is no doubt place that they come home to that even alleged there was ‘‘no doubt’’ that that Iran is responsible for dangerous really feels like home. They are trav- they were amassing those weapons to destabilizing actions in that region and eling around the world. They are in dif- use against the United States. beyond. Its proxies attack our service- ficult places, and as much as their fam- Former Pentagon adviser Richard members in Iraq and threaten our al- ilies can be kept safe and have a place Perle argued that Iraqis could finance lies in the region. But why not push that they can make home as a family— the postwar rebuilding from their own back against Iran without withdrawing that is exceptionally important. For oil wealth, and he had ‘‘no doubt that from the nuclear agreement? Why give those single men and women, it is im- they will.’’ them the pretext for belligerence and portant that they have a place where President George W. Bush, who undermine our credibility with the they can actually get rest and have claimed war was actually his last global powers party to our own nuclear connection with each other. This bill choice, provocatively tried to link al- deal? deals with additional funding to deal Qaida with Saddam Hussein—a dubious The tragic end result of this dan- with housing, which is much needed. claim echoed by his then-Secretary of gerous incoherence is that our allies This bill also deals with spouses, in Defense Donald Rumsfeld, and one are united against us, and Iran may we their transition from facility to facil- some are even trying to brazenly use start nuclear activities, which had ity, being able to pick up an additional today. been frozen for the last 4 years. job. For many of the spouses who are Secretary Rumsfeld even tried to This Congress, already a rubberstamp traveling with our men and women in claim war in Iraq would last ‘‘Five for too many of President Trump’s in- the military, when they move to a new days or five weeks or five months, but stincts, must not do so in a march to base or post, they also want to pick up it certainly isn’t going to last any another war in the Middle East as well. a new job in that place. It takes longer than that.’’ That is what our I yield the floor. months to do that transition now. Secretary of Defense said. The PRESIDING OFFICER. The Sen- There is also an issue with licensing. Deputy Secretary of Defense Paul ator from Oklahoma. If they have a professional skill in one Wolfowitz and Vice President Cheney Mr. LANKFORD. Mr. President, I State, when they move to another said we would be welcomed in Iraq as want to rise today to speak to the Sen- State, there are some additional hur- liberators. Wolfowitz argued that ate and compliment two of my col- dles for them just to move to that next ‘‘hundreds of thousands of American leagues, Senator JIM INHOFE from my State. This bill helps deal with that troops is way off the mark.’’ State of Oklahoma, my senior Senator, and, again, helps those families know Five days or 5 weeks, welcomed by and Senator JACK REED, for their lead- that when they move, as we ask them the Iraqis? Well, the war started, and it ership and bipartisan work on this to move to different locations, it is a has never ended. There are 150,000 year’s National Defense Authorization little bit easier on their family to also American soldiers deployed in Iraq. Act for fiscal year 2020. pick up a second job if they choose to The war continues into its second dec- This is a complicated bill. It has had do that. ade. Incidentally, no weapons of mass hundreds of amendments, both in com- Oklahoma is home to Altus Air Force destruction were ever found, no nuclear mittee and in the initial managers’ Base, Tinker Air Force Base, Vance Air weapons, and we certainly weren’t package that came out of committee Force Base, Fort Sill Army Post, greeted as liberators. Iraqi oil did not that has already been debated, and McAlester Army Ammunition Plant, pay the $2 trillion that American tax- there are a lot more amendments that and, of course, the amazing facilities payers were forced to pay for that war are still being debated in the process. for our Army and Air International in Iraq. It is an incredibly complicated issue Guard. We have a lot of folks in Okla- More than 4,500 Americans have been to bring the authorization and infor- homa who are veterans who come back killed and 32,000 wounded, including mation for all military for the next to Oklahoma to retire, and a lot of my brave and amazing colleague in the year. It is something that Congress has folks who are actively serving there. Senate, Senator TAMMY DUCKWORTH. done for a long time. But for JIM This bill deals with every one of those How do some of the current occu- INHOFE, this is his first year to chair facilities in some way. pants of the White House driving Iran this committee and to actually be the Let me give a few examples. The KC– policy feel about that Iraq war dis- driver for this, and I think he has done 46 tanker—a brandnew tanker that will aster? Well, National Security Advisor an exceptional job of walking through be the refueler for the next genera- John Bolton said in 2015: ‘‘I still think this piece of legislation. tion—has already begun its delivery. It

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.052 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4551 is coming to Altus, and it is already Turkey and the F–35 and the security Iran is the largest state sponsor of there at Altus Air Force Base. In fact, of that advanced weapons system also terrorism in the world, and the insta- I had the privilege, along with Senator dealt with something that some folks bility in the region is not something INHOFE, to ride in from Seattle on the may not have noticed, but I did, and new and is not President Trump’s very first KC–46 tanker coming to other folks have as well, and that is fault. It has been a long-term issue Altus Air Force Base in the 97th Air the retirement of chaplains. with not only the United States but all Mobility Wing. That wing does all the We lose track at times that when of the West and all of the region. training for every pilot who will fly the people enter into the military, these Our issue is not with the Iranian peo- KC–46 for the decades ahead. Whether mandatory retirement ages will sneak ple. They are smart. They are entre- they are in the Reserve or in the Guard up on folks. Well, it is especially so for preneurs. They are well educated. But or Active Duty, they are going to be chaplains because many chaplains ac- they also live under the thumb of a connected to Altus Air Force Base for tually enter into their service in the ruthless regime led by the ayatollahs. the KC–46. It has long been awaited, military after—as a second career. For That regime squashed the Green Move- and it is finally arriving. many folks in the military, that is ment several years ago in Iran—the This bill does the authorization for their first career, and then they have a people just wanting more freedom. an additional 15 tankers, as we are second one, but not so for chaplains. The issues we are facing with Iran modernizing that force, and we will do Many of them are pastors or mission- right now are not President Trump’s a few every single year for quite a aries or counselors in hospitals and fault, are not because he is being mean, while. other locations. They get into their just as Iran’s attack on the Khobar The bill includes funding for the pro- service and then time out. Towers and the murder of many of our curement of critical Army weapons and Chaplains need a little bit of extra people was not because President Clin- combat vehicles, including the Paladin time to serve so they can serve a full ton had put sanctions on Iran the year Integrated Management System up- term with the U.S. military. One of our before. It wasn’t President Clinton’s grade, which is assembled in Elgin, OK, amendments in this bill allows those fault that the Khobar Towers were at- right next to Fort Sill. The Fires Cen- chaplains to be able to complete serv- tacked; it is not President Trump’s ter of Excellence at Fort Sill organizes, ice and be a part of that. fault in this case. He has pushed back trains, and equips all the Paladin units There are many other aspects of this on a terrorist regime and is demanding in the Army Paladin Integration Man- bill that is literally hundreds of pages that they change their ways not only long that deal with military service. I agement. In fact, the skills that are in the nuclear setting but also in con- want to bring up one additional ele- coming in at Fort Sill Fires Center of ventional terrorism around the region ment. It is an element that has been in Excellence are asked for all over the and, quite frankly, around the world. great debate in conversation here in world. Almost every one of our allies We cannot allow them to continue to Congress, and it deals with the country and every single foreign base is asking terrorize their neighbors. of Iran. No one wants a war with Iran. That for the good folks from Fort Sill who This bill deals with not the military is why we have used sanctions and dip- are trained to help protect our men and policy specifically with Iran but deals lomatic means to address this. All women around the world. with our defense and our preparation these accusations that the President is Additionally, Senator INHOFE and for any enemy, including Iran. There is secretly going to try to take us to war Senator REED and all their staff have an amendment coming up for debate with Iran I find absurd, especially for worked to get in some of the amend- and conversation that changes the the man who is trying to get us out of ments that I brought in on the base rules of engagement with Iran, that lit- a war in Afghanistan, out of a war in text. Those amendments—they heard it erally says to this administration that Syria, and out of a war in Iraq. Sud- out. We got a chance to have dialogue. they cannot engage in any hostilities denly, secretly, he wants to get into a They have now been included long with Iran. They can only defend them- war with Iran? That is absurd. term. selves if attacked but cannot respond All of the region is looking to us to One of those that I worked with one until they get a vote from Congress. help push back on the biggest bully in of my colleagues on—Senator SHA- I cannot imagine a worse set of rules the region for decades, and every Presi- HEEN—we worked on a sense-of-the- of engagement for anyone in the U.S. dent since Jimmy Carter has tried to Senate on dealing with Turkey. Turkey military who is forward-deployed and isolate and push back on Iran. I do not is a NATO ally. They worked very facing risk from Iran than to say: You want to suddenly limit President closely with us in the development of can respond when Congress votes for it. Trump from trying to isolate and push the F–35, but we have a problem. The I will certainly vote against that back on Iran because some folks don’t leadership in Turkey is now reaching amendment, as it comes up as one of trust him. out to Russia to buy the S–400 air de- the final amendments, to say to our In the days ahead, we as a nation will fense system. The F–35 is incompatible military leadership: I will not handcuff cautiously, diplomatically, economi- with the S–400 Russian system sitting you in the face of the threat that is cally isolate Iran to try to bring them right next to it. We will never ever Iran. into cooperation with the rest of the allow the F–35 to sit next to the Rus- I have heard folks on this floor and in world, but in the meantime, let’s not sian S–400 system. the media want to lay the issues we handcuff our folks who are in harm’s We tried to make that clear in mul- have with Iran on President Trump. way in that region and tell them: If tiple conversations with Turkey and May I remind this body that we had 444 you want to respond, come and get a with Turkey’s leaders. We tried to hostages taken in Iran in 1979. Iran was vote from us first. bring this up over and over again. I the mover that bombed Beirut and our In closing, I again thank Senator worked with Senator INHOFE, along Embassy there in the 1980s. Iran is the INHOFE, who has done tireless work on with my colleagues, Senator SHAHEEN one that attacked the Khobar Towers this NDAA, and Senator JACK REED for and Senator JACK REED, to make it in Saudi Arabia and killed many of our their great bipartisan leadership on clear that we will not allow the F–35 to folks in the 1990s. The reason Bashar this. They have done yeomen’s work on be sold to Turkey if they are also going Assad is still in power in Syria right this. to purchase the S–400 from Russia. now is because Iran and their forces I hope that this bill will not only I maintain my strong support for the have brought them up. The reason pass the Senate but that we will put it F–35 program and applaud its advanced there is a civil war in Yemen right now on the President’s desk in the days capability. The military actually will is because Iran is providing the weap- ahead and give some stability to our be shaped around the F–35 in the days ons there and the insight to be able to military forces around the world and ahead, based on its capabilities. But we instigate that civil war that is hap- that they will know we understand cannot allow Turkey to have the F–35 pening in Yemen right now. The reason that 7 days a week, 24 hours a day, and and also buy a Russian system at the there is constant peril on Israel’s bor- in every time zone in the world, they same time. ders all the way around is because Iran are standing watch for peace and free- One of my other amendments that I is funding Hezbollah and Iran is fund- dom. They are not a threatening pres- dealt with when I was dealing with ing Hamas. ence. They are a peaceful presence, and

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.054 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4552 CONGRESSIONAL RECORD — SENATE June 26, 2019 their strength has brought exceptional within their borders and look the other production of counterfeit pills that ac- peace to the world. I am grateful for way when it arrives in the United tually contain fentanyl. them and for their families and for the States. That is the criteria that would get a amazing sacrifice they make every Simply, there have to be con- country crosswise with us as a con- day. sequences for countries that knowingly sequence of this legislation. What I yield the floor. allow the production of fentanyl in would the consequences be? The legis- The PRESIDING OFFICER. The Sen- their own land, to then be exported to lation contemplates that if a country ator from Pennsylvania. the United States, and that do not—I is not doing enough with respect to the UNANIMOUS CONSENT REQUEST—AMENDMENT am referring to the governments—co- existing list of illicit narcotics, then, NO. 900 operate with us as fully as they could they would stand to lose various forms Mr. TOOMEY. Mr. President, I come and should be. of foreign aid from the United States, to the floor this evening to offer an That brings me to the bill I intro- specifically, economic development amendment about the opioid addiction duced. It is called the Blocking Deadly grants, development finance aid, health crisis that is devastating our Nation. Fentanyl Imports Act. It is a bipar- aid, agricultural aid, and military aid. The origins of this epidemic are no tisan bill that I introduced with DOUG It is important to note there are doubt complicated, but there is a sim- JONES. I want to offer that as an other categories of aid that we provide ple fact within this complicated prob- amendment, to get a vote on this bill to foreign countries and more precisely lem; that is, the introduction of the we are considering right now. to entities within those countries that synthetic opioid fentanyl has made I should point out that since 1983, would not be affected by this. They are this the deadliest drug epidemic in Congress has utilized the Foreign As- not affected under current law, and American history. sistance Act as a way to deal with this they would not be affected under our Fentanyl is 30 to 50 times more pow- kind of problem. Specifically, this leg- bill—aid such as products-related as- erful than heroin, which is obviously islation—the Foreign Assistance Act, sistance, disaster relief, food aid, med- lethal. Just 2 milligrams of this sub- the existing law—forbids certain cat- ical aid, and aid to refugees. Existing stance—that is equivalent to a few egories of U.S. foreign aid from going law doesn’t interrupt those forms of grains of salt—is enough to kill most to countries that don’t assist us suffi- aid even with bad-acting governments, people. This synthetic opioid has con- ciently in our effort to control illicit and our bill wouldn’t either. In addi- tributed to or caused 30,000 of the 50,000 substances. tion, even the categories of foreign aid opioid overdose deaths in the United There is a finite number of illicit that could be shut off and that would States since 2017, and it is killing drugs that are on the list. They include be shut off are subject to a Presidential Pennsylvanians at an even higher per- heroin, marijuana, cocaine, and meth- waiver. If, for whatever reason, the centage. amphetamine and its precursor chemi- President believes it is more important As is the case with most illicit drugs, cals. Congress has periodically updated that we continue even those forms of the vast majority of this is not actu- the list and expanded the list as times aid, then, under our amendment, the ally coming from within the borders of have changed. In 2005, the House and President could do so. the United States; the vast majority Senate voted to add methamphetamine Again, to just sum up, the simple originates outside our borders. So co- and its precursors. Senator JONES and I thing here is that a country that know- operation with the governments of and a number of our colleagues believe ingly tolerates the production and ex- other countries is essential if we are it is past time that we add fentanyl to port of fentanyl and is not as coopera- going to make progress in ending this this list, especially since it is arguably tive with our government as they could scourge. the most lethal drug in the world be in stopping it shouldn’t be getting There are some countries that are ex- today. all kinds of U.S. foreign aid. That is tremely helpful. Canada and Mexico Our bill would do a couple of things. all. That is what our amendment would are, unfortunately, important transit It would add fentanyl to this list on do. The majority on the Senate For- points for drugs into the United States. the Foreign Assistance Act, the illicit eign Relations Committee supports Their governments work closely with substance list. That would then require this. The State Department made some ours and, I think it is fair to say, are the State Department to identify those suggestions that we accepted. Some of doing all they reasonably can and con- countries—at the moment, China—that the suggestions included that we drop tinue to strive to do more to end this are the most significant sources of il- the reference to precursor chemicals devastating influx. But fentanyl is par- licit fentanyl and fentanyl analogues. because that might capture too many ticularly difficult because such tiny Then we would toughen the require- countries that shouldn’t be captured quantities are so lethal, and the fact is ments in determining whether or not because they are not the precursor another country is, in fact, sufficiently that not all foreign governments are as chemicals used for the purpose of pro- cooperating with the United States. We cooperative as they could be and they ducing illicit fentanyl. We acknowl- only toughen the requirements for should be. edged that, and we changed it. It is well known that the primary those countries that are found to be I would again stress that the waivers source of the fentanyl that is on the significant sources of fentanyl, not the are available to the President in the streets in Pennsylvania and across other drugs already on the list but event the country ought to get those America—the source is ultimately those countries determined by our waivers. China. China has been cooperating in State Department to be significant So let me remind my colleagues that some important ways. China shares ad- sources of fentanyl. For that small set this is the worst drug crisis in Amer- vance electronic data on mail parcels, of countries, if the President finds that ican history. Fentanyl is at the heart and that is helpful. As of May 1 of this one or more of the following three cri- of it. We should hold accountable coun- year—a few weeks ago—China agreed teria are not being met, then, those tries that are not doing enough to stop to schedule fentanyl as a class that is countries would face the risk of having this poison from leaving their country prohibited in China, and that forgoes these forms of financial aid withheld. and coming into ours. the need to schedule every conceivable These are the three criteria we want I am not asking for passage here and variant of the chemical. That is a good them to meet: No. 1, whether they have now, but I am asking for a vote. Let’s development. But we can’t be sure that in fact scheduled fentanyl and ana- have an up-or-down vote. I would be China is going to follow through on its logues as a controlled substance in happy to set the vote at a 60-vote commitment—the one I just mentioned their country; No. 2, whether steps are threshold. Let’s send a message to any is very recent—and they still don’t do being taken to actually prosecute peo- country in the world that there will be all they should on pill presses. They ple who are illegally trafficking in consequences for them if they choose also have a history of breaking agree- fentanyl; and the final criteria we to go down this road. ments with the United States. would add is whether or not they re- With that, Mr. President, I ask unan- Maybe even more importantly, we quire the registration of pill presses, imous consent to set aside amendment don’t know what other countries might because we know that unregulated pill No. 862 and call up my amendment No. decide to tolerate fentanyl production presses have been found to be used for 900.

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.055 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4553 The PRESIDING OFFICER. Is there fect a very narrow category of coun- those whom we are trying to help in- objection? tries that are determined by our State side of those countries in the pursuit of The Senator from New Jersey. Department to be major sources of our own interests. So if we come to Mr. MENENDEZ. Mr. President, re- fentanyl. At the moment, there is a that point, I hope we can ultimately serving the right to object, I agree with grand total of one that I am aware of come to an agreement. the Senator from Pennsylvania that we that would qualify for that designa- With that, I yield the floor. need to fight the opioid epidemic from tion. Nothing else flows from this. The PRESIDING OFFICER. The Sen- every angle. There are no consequences unless you ator from Pennsylvania. The trafficking of this drug fentanyl first meet that criteria. So that alone Mr. CASEY. Mr. President, I ask coming into the United States has to makes it obvious that it couldn’t pos- unanimous consent to speak as in stop. Many lives are at stake. In my sibly apply to every country in the morning business. State of New Jersey, over 3,100 New world. The PRESIDING OFFICER. Without Jerseyans died in 2018 alone as a result I would also underscore the cat- objection, it is so ordered. of prescription pain killers, heroin, and egories of aid that would be subject to BORDER SECURITY fentanyl. being withheld in the event that a Mr. CASEY. Mr. President, I rise this While I support the Senator from country is, in fact, a source of fentanyl evening to speak about the horrific hu- Pennsylvania’s desire to use all of the and is not cooperating with us—our manitarian crisis at our southern bor- leverage we have at our disposal to economic development grants, develop- der—the inhumane and truly des- pressure China to do a better job at ment finance aid, health aid, agricul- picable conditions under which mi- regulating illicit fentanyl, as is exem- tural aid and military aid are all forms grants, including children, are being plified by the amendment I cospon- of aid that I think are entirely reason- held by the U.S. Government. Children sored with Senator SCHUMER and oth- able to withhold. The categories that I are being held for prolonged periods of ers that is in the underlying legislation think the Senator from New Jersey is time in facilities that are woefully in- we are considering as of now, the Sen- concerned about we exclude from the adequate, and that is an understate- ator from Pennsylvania’s amendment risk of being withheld, because I ac- ment. could potentially have far more wide- knowledged the Senator’s point. There On my left is a chart with some pic- reaching implications. are categories of foreign aid that don’t tures. I want to walk through each of I believe every Member of the body go to foreign governments. They go to these pictures to talk about these chil- should be concerned about the poten- NGOs. They go to folks on the ground dren by name. Since September of 2018, tial collateral damage should this be- who are actually advancing a cause we these children have died while in come law. believe in. For instance, there is the United States Government custody. The Trump administration’s State democracy development fund. We I will start at the lower right-hand Department, when we asked them for wouldn’t affect that even if a country corner of the chart as you are facing an assessment of the original version of is a major source of illicit fentanyl and the chart: Carlos Hernandez Vasquez, this amendment, concluded that it not cooperating with us fully. We rec- 16 years old; up here on the left top of would lead to the suspension of U.S. ognize that this category of funding the chart, Wilmer Josue Ramirez foreign assistance to every country on doesn’t help that government. It helps Vasquez, 2 years old; Darlyn Cristabel the planet. That is not something I can us with the hope that we could change Cordova-Valle, age 10; Juan de Leon support. that government. I am not convinced Gutierrez, right here on the other side When we talk about China, our aid to that we are as far apart as it may ap- of the chart, just 16 years old; Jakelin China isn’t to China as a nation. China pear to be. Caal Maquin—many know her name doesn’t need our aid. It is giving out I would remind everyone that I am from the time when she passed away— aid all over the world. Our aid to China only seeking a vote. I am not asking just 7 years old; and finally, Felipe is to individuals, entities, and organi- for unanimous consent for the amend- Gomez Alonzo, just 8 years old. zations that actually promote our na- ment itself. I hope we can get back to These six deaths occurred in the span tional interests and our national secu- the business of actually debating sub- of less than 1 year and are the first rity by creating opportunities for dif- stance and voting in this body. Some- deaths in at least a decade. Mourning ferent parts of Chinese society to be times the minority leader has sug- their deaths is not enough. I think we independent from the Chinese state. So gested that we have become a grave- can at least agree on that. As much as it is not China that gets our foreign as- yard of legislation. Well, I am just pro- anyone can mourn their deaths, that is sistance, but, in large part, that ulti- posing that we have a debate and have not enough. We must act in light of mately would be denied, and that is a a vote. I hope we can get to that. this terrible darkness that these chil- type of loss that the Chinese would be The PRESIDING OFFICER. The Sen- dren experienced and that their fami- only too happy to see happen. ator from New Jersey. lies are living with and that our coun- My office worked extensively Mr. MENENDEZ. Mr. President, as I try is experiencing as well. through the weekend with the Senator said, we worked all weekend long with In recent weeks we have heard some from Pennsylvania’s office. We offered the Senator from Pennsylvania’s office, of the reporting. There have been re- numerous different compromise agree- and we are happy to continue to work ports of children held without adequate ments, but none of them were accept- with him to see if we can come to a medical attention, without food or able. So while I agree with the spirit of common ground. His original amend- water or sanitation. this amendment, I cannot support it as ment that we were discussing did in- Just by way of one searing example, it is currently drafted, and therefore I clude the elimination of democracy Warren Binford, a law professor at Wil- must object. promotion, and that is something that lamette University, who spoke with The PRESIDING OFFICER. Objec- China would only be too happy to children at the Texas facility, said: tion is heard. achieve. Basically, what we saw are dirty children The Senator from Pennsylvania. I understand that in this amend- who are malnourished, who are severely ne- Mr. TOOMEY. Mr. President, very ment—which I have not had the full op- glected. They are being kept in inhumane briefly, I hope the Senator from New portunity, nor my staff, to fully ana- conditions. They are essentially being Jersey will continue to engage with us. lyze—he may have excluded that. That warehoused, as many as 300 children in a There is a possibility that we are not is another step forward. So we are cell, with almost no adult supervision. as far apart as it may appear. happy to engage with the Senator and This is a lawyer who is trained to un- Let me be very clear. It is an abso- see if we can come to common ground derstand and to explain these kinds of lute fact that every country in the beyond today. conditions. This isn’t some casual ob- world would not be affected by this leg- My goal, however, is to join the Sen- server. This is an expert in her field islation at all. Whoever at the State ator in punishing countries that are ul- who is telling us this. She is not a Department suggested that chose not timately allowing this to happen, but Member of Congress. She is not an em- to read the language or chose not to not to do it in a way that doesn’t pun- ployee of the U.S. Government. She is understand it. Our legislation would af- ish the country but actually denies a lawyer who saw this with her own

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.056 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4554 CONGRESSIONAL RECORD — SENATE June 26, 2019 eyes—children who are malnourished, Then, to compound that, they don’t are less safe. It hurts our national se- neglected, living in inhumane condi- have basic necessities. I can’t even curity. It doesn’t just undermine our tions, warehoused, with 300 children in imagine the fear. values. It is not just immoral. It makes a cell with no adult supervision. There is a great hymn in my faith us less safe. It is a national security This same law professor reported wit- that talks about being a servant. I will threat as much as it is an insult to our nessing a 14-year-old—a 14-year-old— not go through all the lyrics. The song values or at least the values we claim caring for a 2-year-old without a dia- is named ‘‘The Servant Song.’’ I will to have as a government in the execu- per, lack of medical care, with flu out- take the sacredness out of it for pur- tive and legislative branches. breaks and lice infestation. poses of where we are speaking today. This administration has sought to in- Law Professor Binford said: One of the lines of ‘‘The Servant Song’’ crease family detention. They sought It’s the worst conditions I have ever wit- says: ‘‘I will hold the . . . light for you to relax the standards under which nessed in several years of doing these inspec- in the night time of your fear.’’ children are held. The administration tions. I can’t imagine any other cir- recently canceled English classes, rec- That is what a trained professional is cumstance that anyone here could de- reational programs, and legal aid for telling us about what is happening in scribe to better fit that description—in unaccompanied minors at shelters these conditions. the night time of the fear of children across the country. A Senate colleague of mine talked who may have survived, but others, as Recently, an attorney for the Depart- about going into a facility where chil- this chart depicts, lost their lives be- ment of Justice argued that the gov- dren were housed. This is a Senator cause of failures of our government. A ernment should not be required to give with a lot of experience in the Senate. 2-year-old, a 10-year-old, a 7-year-old, a a detained migrant child—or in this He said, usually when you walk 16-year-old, an 8-year-old, and another case children—toothbrushes, or soap, through any kind of facility or any 16-year-old who were in government or towels, or showers, and probably kind of environment in the United custody of the United States of Amer- goes on from there. It is hard to com- States of America where children are, ica lost their lives. I can’t even begin prehend how insulting that is to our you can hear them laughing and play- to imagine that fear. values; how cruel and inhumane that ing and having fun—that beautiful We all have to ask ourselves a lot of is. If our government can’t provide noise of children playing. He said you questions, but one question we have to that to a child, how can we call our- couldn’t hear any of it. He talked ask ourselves in both Houses of Con- selves a government? How can we say about the eerie and disturbing quiet in gress and the administration is, Will we have the values that we claim to that place. There was no noise, no this government be there in the night have as a government? This person was laughing, no happiness, I guess, is prob- time of the fear experienced by these a lawyer for the U.S. Government from ably the best way he described it. children or not? It is readily apparent, the U.S. Department of Justice. A law- Then this one Senator talked about from all the reporting month after yer said that, not some low-level em- making eye contact with a child. As month, that we are in no way meeting ployee of some department in the Fed- soon as he or she made eye contact, the that test for too many children. Maybe eral Government. A lawyer in a court- child would turn away. some are in better conditions, but room said our government shouldn’t I am sure we have other examples there are a lot of children—I don’t even have to provide toothbrushes or soap or from colleagues here and in the House know the number. I hope it is only in towels. and within our government, but when a the hundreds, but many people believe We should not be relaxing standards law professor who has been in a lot of it is a lot more than that. There may when, according to the American Acad- these circumstances tells us this, we be thousands or more who are in the emy of Pediatrics, the Department of should listen, and we should act. night time of their fear. Another lawyer reported speaking Our government is not only part of Homeland Security facilities already with young mothers and children—all creating the fear, we are doing next to don’t meet the basic standards for care of whom were claiming asylum at a nothing to alleviate it. We should ask of children in residential settings. Texas facility. The mother reported a ourselves, will we be there for them in Moreover, the Academy of Pediatrics lack of proper medical care, or clean the night time of their fear? stated that detention itself, even for clothes, or sufficient cups or baby bot- The administration’s response to all short periods of time, can cause psy- tles, forcing reuse and sharing of those of the reporting of this horror has been chological trauma and induce long- same cups and bottles, as well as moth- an insult to the United States of Amer- term mental health risks for children. ers wiping their children’s runny noses ica. It is an insult to the taxpayers who I made this point to the administra- or vomit with their own clothes be- send money to the government and tion months ago; that when you are cause they have nothing else—not even say: Make sure that when a child setting up your protocols about how to a paper towel—to clean with when they comes to our borders, we treat them deal with a child, please consult with are experiencing these conditions. This humanely; make sure the system the American Academy of Pediatrics— particular lawyer was quoted in the works. It is an insult to our values, of which is probably the leading organiza- Texas Tribune, just in case anyone course. tion in the whole country—about how wants a source. It is an insult to the proclamations best to care for a child and what not to These reports of overcrowding and we make as Americans to the world do. I think we should listen to them, lack of medical care, sanitation prob- that we are a beacon of light for the and I hope the administration would lems, and lack of food or water are an world in so many ways. Thank good- not only be listening to the American abomination. This is not America. It is ness we are in some other facets of our Academy of Pediatrics but would be in- not the America we grew up with. It is government and of course the lives of corporating their expertise and proto- not the America we tell the world we our people. On this issue, we are bring- cols. are. We have told the world for genera- ing darkness not only to the lives of Conditions for migrant adults are tions that we care about each other; those children, but we are bringing also completely unacceptable and an that we welcome people to our shores darkness to the world. insult to our values. Last month, the and try to treat them fairly. We can’t We are less safe as a country when Department of Homeland Security Of- say that when we have these kinds of this happens. We empower people fice of the Inspector General issued a insults. around the world—very bad actors report. This isn’t just a routine report. Just imagine the fear a child experi- around the world—who have been per- I will read the headline: ‘‘Management ences in these circumstances—the fear petuating this narrative for genera- Alert—DHS Needs to Address Dan- that comes from being alone, the fear tions that America allows this to hap- gerous Overcrowding Among Single of not having their mother or their fa- pen. When you do that, you empower Adults at El Paso Del Norte Processing ther or some loved one nearby, in many the bad guys to recruit and to marshal Center.’’ This is a management alert circumstances. Some, I guess, might their forces against you. When you sent by one part of the government— have an older sibling with them, but treat children this way, who then lose not just the executive branch but one just imagine how frightened they are. their lives in government custody, we department to the other—the inspector

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.057 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4555 general to the management of the De- MANAGEMENT ALERT—DHS NEEDS TO AD- mediate health and safety needs of detainees, partment of Homeland Security. That DRESS DANGEROUS OVERCROWDING AMONG who cannot continue to be held in standing- SINGLE ADULTS AT EL PASO DEL NORTE room-only conditions for weeks until addi- is how bad it is. PROCESSING CENTER (REDACTED) tional tents are constructed, we consider the I will read just one line on page 9 of MAY 30, 2019 recommendation open and unresolved. We the report: Memorandum for: The Honorable Kevin K. will continue our spot inspections of the McAleenan, Acting Secretary, Depart- southern border facilities and may revisit El Recommendations. ment of Homeland Security. Paso sector sites to monitor overcrowding. We recommend the Acting Secretary of From: John V. Kelly, Acting Inspector Gen- Consistent with our responsibility under DHS: eral. the Inspector General Act, we will provide Subject: Management Alert—DHS Needs to copies of our alert to congressional commit- 1. Take immediate steps to alleviate the Address Dangerous Overcrowding Among tees with oversight and appropriation re- overcrowding at the El Paso Del Norte Single Adults at El Paso Del Norte Proc- sponsibility over DHS. We also will post the Bridge Processing Center. essing Center. alert on our website for public dissemina- For your action is our final management tion. They didn’t say work on it for a cou- alert, Management Alert—DHS Needs to Ad- Please call me with any questions, or your ple of months and try to get something dress Dangerous Overcrowding Among Single staff may contact Diana Shaw, Assistant In- done. Their own inspector general is Adults at El Paso Del Norte Processing Cen- spector General for Special Reviews and ter, the purpose of which is to notify you of Evaluations, at (202) 981–6000. saying take immediate steps. urgent issues that require immediate atten- BACKGROUND tion and action. Specifically, we are recom- Mr. President, I ask unanimous con- In May 2019, U.S. Customs and Border Pro- mending that the Department of Homeland sent to have at least the body of this tection (CBP) and Border Patrol leadership Security (DHS) take immediate steps to al- jointly testified before Congress that they report, if not the attachment, printed leviate dangerous overcrowding at the El in the RECORD. Paso Del Norte Processing Center (PDT). are experiencing an unprecedented border se- curity and humanitarian crisis along the There being no objection, the mate- Issuance of this management alert is con- sistent with our duties under the Inspector southwest border. According to CBP statis- rial was ordered to be printed in the General Act of 1978, as amended, to conduct tics, the number of southwest border mi- RECORD, as follows: inspections and recommend policies to pro- grant apprehensions during the first seven mote economy, efficiency, and effectiveness months of FY 2019 has in general already sur- in DHS programs and operations. passed that of the total apprehensions for We have incorporated the formal com- each of the previous four fiscal years. At the ments provided by your office on the draft sector level, El Paso has experienced the management alert and appended them ver- sharpest increase in apprehensions when batim. Your office concurred with the rec- comparing the first seven months of FY 2019 ommendation we made to alleviate over- to the same period in FY 2018. Table 1 shows crowding at PDT, but gave a target comple- the total number of apprehensions by cat- tion date of November 30, 2020. Because egory and the percent increase for the El DHS’s corrective action is critical to the im- Paso sector. TABLE 1.—EL PASO SECTOR BORDER PATROL APPREHENSIONS

Apprehensions Apprehensions October 2017 to October 2018 to Percent Increase April 2018 April 2019

Unaccompanied Alien Children ...... 2,116 10,027 374% Family Units ...... 3,865 74,072 1,816 Single Adults ...... 7,665 13,953 82 Total ...... 13,646 98,052 619 Source: Border Patrol southwest border apprehensions by sector

During the week of May 6, 2019, we visited a cell with a maximum capacity of 12 held essed, and hundreds of detainees in line to five Border Patrol stations and two ports of 76 detainees; surrender their valuables, such as money and entry in the El Paso area, including greater a cell with a maximum capacity of 8 held phones, to DHS staff. Figure 4 depicts some El Paso and eastern New Mexico, as part of 41 detainees; and of the outdoor lines we observed on May 7, our unannounced spot inspections of CBP a cell with a maximum capacity of 35 held 2019, and May 8, 2019. We also observed staff holding facilities. We reviewed compliance 155 detainees. discarding all other detainee property, such with CBP’s Transport, Escort, Detention and PDT’s seven general cells and three small as backpacks, suitcases, and handbags, in Search (TEDS) standards, which govern isolation cells are unable to accommodate the nearby dumpster. Border Patrol per- CBP’s interaction with detained individuals, the number of detainees currently being held sonnel told us that these items might be wet, and observed dangerous holding conditions at the processing facility within TEDS have bugs, and be muddy, and, therefore, pre- at the El Paso Del Norte Processing Center standards. Further limiting available space sented a ‘‘biohazard.’’ (PDT) Border Patrol processing facility, lo- is the need to separate detainees with infec- We are concerned that overcrowding and cated at the Paso Del Norte Bridge, that re- tious diseases, such as chicken pox, scabies, prolonged detention represent an immediate quire immediate attention. Specifically, and influenza, from each other and from the risk to the health and safety not just of the PDT does not have the capacity to hold the general population. detainees, but also DHS agents and officers. hundreds currently in custody safely, and Border Patrol agents told us some of the Border Patrol management on site said there has held the majority of its detainees longer detainees had been held in standing-room- is a high incidence of illness among their than the 72 hours generally permitted under only conditions for days or weeks. According staff. Border Patrol management at PDT and the TEDS standards (TEDS 4.1). to Border Patrol’s custody logs, there were other sites also raised concerns about em- 756 detainees on site when we visited PDT on ployee morale and that conditions were ele- OVERCROWDING AND PROLONGED DETENTION AT May 7, 2019. Of those, 502 detainees (66 per- vating anxiety and affecting employees’ per- THE PDT BORDER PATROL FACILITY PUTS DE- cent) had been held at PDT for longer than sonal lives. They noted that some employees TAINEES AND DHS PERSONNEL AT RISK 72 hours, with 33 detainees (4 percent) held eligible for retirement had accelerated their According to PDT Border Patrol proc- there for more than two weeks. On May 8, retirement dates, while others were consid- essing facility staff, the facility’s maximum 2019, we returned to PDT for another unan- ering alternative employment opportunities. capacity is 125 detainees. However, on May 7 nounced spot inspection and observed that In addition, Border Patrol management on and 8, 2019, Border Patrol’s custody logs indi- some family units and adult females had site said there is an ongoing concern that cated that there were approximately 750 and been transferred, but overall numbers were rising tensions among detainees could turn 900 detainees on site, respectively. TEDS even higher as additional detainees had ar- violent. We observed that staff must enter standards provide that ‘‘under no cir- rived for processing. According to Border Pa- crowded cells or move large numbers of de- cumstances should the maximum [cell] occu- trol staff, on May 8, 2019, the total number tainees for meals, medical care, and cell pancy rate, as set by the fire marshal, be ex- on site was approximately 900. cleaning. For example, at the time of our ceeded’’ (TEDS 4.7). However, we observed During our visits, we observed the triage of visit, 140 adult male detainees were crowding dangerous overcrowding at the facility with hundreds of detainees outside in the PDT the hallways and common areas of the facil- single adults held in cells designed for one- parking lot. There were approximately 75 ity while their cell was being cleaned. We ob- fifth as many detainees. Specifically, we ob- people treated for lice, hundreds of family served staff having difficulty maneuvering served: units waiting in the tented area to be proc- around this crowd to perform their duties,

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JN6.059 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4556 CONGRESSIONAL RECORD — SENATE June 26, 2019 and were told that staff feel they have lim- their entirety in appendix A. We also incor- transiting through Mexico to reach our ited options if detainees decide not to co- porated DHS’ technical comments in the southern border is frustrating our best ef- operate. final alert, as appropriate. forts to respond quickly. The overcrowded conditions also com- DHS Response to Recommendation #1 The current migration flow and the result- plicate efforts to ensure compliance with Concur. CBP has constructed a 500-person ing humanitarian crisis are rapidly over- TEDS standards. For example, CBP was holding capacity soft-sided structure at El whelming the ability of the Federal Govern- struggling to maintain hygienic conditions Paso Station, will construct an additional ment to respond. In March 2019, CBP encoun- in the holding cells. With limited access to tent by July 31, 2019, and will open a Central- tered over 103,000 illegal border crossers and showers and clean clothing, detainees were ized Processing Center within 18 months. inadmissible aliens. In April 2019, that num- wearing soiled clothing for days or weeks. CBP will continue to review the number of ber exceeded 109,000—the highest monthly Although TEDS standards do not require a migrants in custody at Border Patrol sta- levels in more than a decade. DHS has taken steps to ensure an elevated change of clothing for adults, Border Patrol tions to determine available space and trans- standard of care in response to the current agents said they were nevertheless trying to fer subjects accordingly. The Border Patrol, humanitarian crisis and has directed addi- obtain clean clothing for adult females be- through its single point of contact at El tional personnel and resources to the border. cause the lack of clean clothes was ‘‘wearing Paso Sector, will continue to communicate CBP has constructed a weatherproof and cli- down on them.’’ We also observed detainees with ICE to improve the migrant transfer mate-controlled soft-sided structure in the standing on toilets in the cells to make room process. and gain breathing space, thus limiting ac- The estimated completion date is Novem- El Paso Sector. The structure will allow Bor- cess to the toilets. Border Patrol agents said ber 30, 2020. der Patrol agents to expedite, process, and detainees who were not ill were raising med- transport migrants to ICE or the U.S. De- ical complaints to obtain temporary release OIG Response partment of Health and Human Services. The from the cells, adding to the medical staffs We observed conditions at the El Paso Del structure provides areas for eating, sleeping, burden. Norte Processing Center (PDT) Border Pa- recreation, and personal hygiene for up to trol facility that represent an immediate DHS NEEDS A COORDINATED APPROACH TO MAN- 500 people. There are also separate areas for risk to the health and safety of detainees AGING LONG-TERM DETENTION DURING SHARP processing, medical evaluations, bathroom and DHS employees. Specifically, Border Pa- INCREASE IN APPREHENSIONS facilities, laundry, trailers, sleeping mats, trol agents told us some single adults had kitchen equipment, personal property stor- Although CBP headquarters management been held in standing-room-only conditions age boxes, office space, television, and lock- has been aware of the situation at PDT for for days or weeks. Border Patrol manage- ers. months and detailed staff to assist with cus- ment on site said there is an ongoing con- Additionally, a modular facility that is ca- tody management, DHS has not identified a cern that rising tensions among detainees pable of holding up to 800 people is projected process to alleviate issues with overcrowding could turn violent. Dangerous overcrowding to be in use by July 2019. Construction of a at PDT. Within DHS, providing long-term among single adults in PDT requires imme- permanent Centralized Processing Center detention is the responsibility of U.S. Immi- diate action. (CPC) in El Paso is planned to further allevi- gration and Customs Enforcement (ICE), not While we consider the actions outlined in ate overcrowding. The CPC is expected to be CBP. El Paso sector Border Patrol manage- DHS’ response to be partially responsive to operational in approximately 18 months, ment said they are able to complete immi- the recommendation, the recommendation with a holding capacity of approximately gration processing for most detainees within will remain unresolved and open until DHS 1,800. Congress can also help by working on a few days, but have not been able to trans- offers an immediate corrective action plan targeted solutions to restore integrjty to our fer single adults into ICE custody quickly. to address the dangerous overcrowding at immigration system and remove the incen- Border Patrol managers at the stations we PDT. tives for families and children to cross our visited said they call ICE daily to request de- APPENDIX A—DHS’S MANAGEMENT COMMENTS border illegally. tention space for single adults. They said in TO THE DRAFT MANAGEMENT ALERT The draft report contained one rec- some instances ICE officers tell them they ommendation, with which the Department cannot take the detainees. In other in- MAY 28, 2019 concurs. Attached find our detailed response stances, ICE initially agrees to take some Memorandum for: John V. Kelly, Acting In- to the recommendation. Technical com- adult detainees, but then reverses the deci- spector General ments were previously provided under sepa- sion. From: Jim H. Crumpacker, CIA, CFE for Di- rate cover. ICE has the infrastructure to transport and rector, Departmental GAO-OIG Liaison Again, thank you for the opportunity to detain aliens nationwide, but its current Office. review and comment on this draft report. ability to do both of these tasks is also Subject: Management Response to OIG Draft Please feel free to contact me if you have strained. ICE senior managers stated that Management Alert: ‘‘DHS Needs to Ad- any questions. We look forward to working ICE does not currently have sufficient deten- dress Dangerous Overcrowding Among with you again in the future. tion bed space to take all of Border Patrol’s Single Adults at El Paso Del Norte Proc- adult detainees, and explained that Border essing Center (PDT)—For Official Use ATTACHMENT: MANAGEMENT RESPONSE TO Patrol has the authority to decide which de- Only’’ (Project No. 19–039–SRE-CBP). RECOMMENDATION CONTAINED IN 19–039–SRE-CBP tainees are the highest priority to transfer Thank you for the opportunity to review The OIG recommended that the Acting to ICE custody. ICE managers also stated and comment on this draft report. The U.S. Secretary of DHS: that ICE prioritizes requests from CBP over Department of Homeland Security (DHS) ap- Recommendation 1: Take immediate steps any other requests for bed space and, when preciates the work of the Office of’ Inspector to alleviate the overcrowding at El Paso Del possible, uses its national transportation General (OIG) in planning and conducting its Norte Processing Center (PDT). system to fly and transport detainees to review and issuing this report. Response: Concur. In an effort to alleviate available detention beds. DHS performs an essential role in securing the overcrowding at the PDT brought on by When we discussed the situation at PDT our Nation’s borders at and between ports of the unprecedented increase in the number of with ICE, ICE officials suggested the El Paso entry, and enforces U.S. immigration law families and children arriving at the South- sector could develop a single point of contact within the interior of the country. U.S. Cus- west Border, CBP has implemented a multi- to better prioritize requests for adult deten- toms and Border Protection (CBP) and U.S. layered approach. tion beds. They said with individual Border Immigration and Customs Enforcement CBP has constructed a 500 holding capacity Patrol stations making requests to ICE, the (ICE) officers and agents continually uphold soft-sided structure at El Paso Station that highest priority detainees may not be trans- the utmost professionalism while performing has been operational since May 2, 2019. CBP ferred to ICE. Prioritization could alleviate essential border security operations. DHS is will construct an 800 holding capacity mod- the situation at PDT and in the El Paso sec- devoted to the care and processing of the in- ular facility at El Paso Station to be oper- tor in the short term, but would not con- dividuals in our custody with the utmost ational by July 31, 2019. In addition, a perma- tribute to a coordinated DHS approach to dignity and respect. nent CPC with a holding capacity of approxi- managing long-term detention during this The current situation on the border rep- mately 1,800 is planned to further alleviate sharp increase in border apprehensions. resents an acute and worsening crisis. Our overcrowding in El Paso. It is scheduled to RECOMMENDATIONS immigration system is not equipped to ac- be operational within 18 months. commodate a migration pattern like the one CBP will continue to review the number of We recommend the Acting Secretary of we are experiencing now. Previous patterns— migrants in custody at USBP stations within DHS: somewhat predictable in composition and El Paso Sector to determine available space 1. Take immediate steps to alleviate the predicated on seasonal variations—are no and transfer subjects accordingly. USBP, overcrowding at the El Paso Del Norte longer the norm, Through April 2019, CBP through its single point-of-contact at El Bridge Processing Center (PDT). enforcement actions along the southwest Paso Sector, will continue to communicate DHS MANAGEMENT’S RESPONSE AND OIG border are 84 percent higher than the same with ICE’s Enforcement and Removal Oper- ANALYSIS period last fiscal year; this includes a 117 ations to improve the migrant transfer proc- DHS management provided written com- percent increase in U.S. Border Patrol ess. ments on a draft of this alert. We included a (USBP) apprehensions. Additionally, the In an effort to supplement staff, CBP will copy of DHS’ management comments in speed with which illegal migrants are continue to temporarily detail Border Patrol

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.012 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4557 Agents and CBP Surge Force personnel to El Once they arrive at our shores, it is the postcloture time be considered ex- Paso Sector, as well as utilize personnel critical that they are treated with pired and the Senate vote on amend- from the U.S. Department of Defense. compassion and human dignity and re- ment No. 861, with no further amend- Due to capacity issues, USBP will continue ceive a fair opportunity to present ments in order. processing non-criminal family units for im- mediate release under an order of recog- their claims. I further ask that the time until 1:45 nizance. That is the America that we believe p.m. be equally divided; that at 1:45 Estimated Completion Date: November 30, in. That is the America we were taught p.m., the Senate vote on the substitute 2020. to believe that we are—a nation that amendment, as amended, if amended; APPENDIX B—MANAGEMENT ALERT respects human life, human values, and that the cloture motion with respect to DISTRIBUTION gives people a fair chance when they S. 1790 then be withdrawn and the Sen- DEPARTMENT OF HOMELAND SECURITY present themselves for asylum. ate vote on the passage of S. 1790, as Secretary The only good news that we can re- amended, if amended, with no further Deputy Secretary port tonight is that the Senate passed intervening action or debate; finally, Chief of Staff a bill to provide nearly $4.6 billion in that at a time to be determined by the General Counsel humanitarian aid, including $2.88 bil- majority leader, in consultation with Executive Secretary lion to the Office of Refugee Resettle- Director, GAO/OIG Liaison Office the Democratic leader, on Friday, June Under Secretary Office of Strategy, Policy, ment to care for migrant children and 28, the Senate vote on the Udall and Plans to help minimize the time they are amendment, No. 883, notwithstanding Assistant Secretary for Office of Public Af- held in Federal facilities, in Federal the passage of S. 1790, and that it re- fairs custody. The House also passed a bill, quire 60 affirmative votes for adoption. Assistant Secretary for Office of Legisla- which I support. We must quickly con- The PRESIDING OFFICER. Is there tive Affairs ference these bills to provide the need- objection? Commissioner, CBP ed resources while we also ensure there CBP Component Liaison Without objection, it is so ordered. are protections for migrants and great- f OFFICE OF MANAGEMENT AND BUDGET er accountability and transparency Chief, Homeland Security Branch from DHS to ensure the funds are ap- MORNING BUSINESS DHS OIG Budget Examiner propriately spent. Mr. INHOFE. Mr. President, I ask CONGRESS The faster we get this done, the bet- unanimous consent that the Senate be Congressional Oversight and Appropria- ter, and maybe we can reduce the like- in a period of morning business, with tions Committees lihood that six more children will die Senators permitted to speak for up to Mr. CASEY. This report details dan- in the next couple of months in the 10 minutes each. gerous overcrowding for a prolonged custody of the U.S. Government. The PRESIDING OFFICER. Without basis at this detention center and the I end with this note: I talked about objection, it is so ordered. dangers it creates. According to the re- what we are as a nation and what we f port, a facility with maximum capac- believe that we should be and the ity of 125 detainees is holding approxi- standard we are not meeting now. We BUDGETARY ENFORCEMENT mately 900. Some migrants were held must be a nation that respects people LEVELS in standing-room-only-conditions for who come to our shores and treats Mr. ENZI. Mr. President, section 251 days or weeks with limited access to them with a measure of human dignity of the Balanced Budget and Emergency showers or clean clothing. Migrants, and compassion and fairness. Deficit Control Act of 1985, BBEDCA, many of whom are asylum seekers, What we must not be is a nation that establishes statutory limits on discre- were observed standing on toilets refuses asylum seekers who flee perse- tionary spending and allows for various themselves to make room and gain cution and violence from the murder adjustments to those limits. In addi- breathing space. These conditions not capitals of the world. We must not be a tion, sections 302 and 314(a) of the Con- only violate Custom and Border Pa- nation that separates children from gressional Budget Act of 1974 allow the trol’s transport, escort, detention, and their families. We must not be a nation chairman of the Budget Committee to search standards but are an affront to that gives migrants, including chil- establish and make revisions to alloca- our values as a nation. Asylum seekers dren, who are in squalid and inhumane tions, aggregates, and levels consistent who have fled violence and suffered conditions, no hope of getting out of with those adjustments. through an arduous journey should not that circumstance. The Senate will soon consider S. be subjected to unhealthy, unsanitary, We are, indeed, when we are at our Amdt. 901 to H.R. 3401, the Emergency unsafe conditions under any cir- best, a nation of opportunity, a nation Supplemental Appropriations for Hu- cumstances. of immigrants, and, of course, a nation manitarian Assistance and Security at Asylum seekers are coming to our of laws. It is imperative that we fix our the Southern Border Act, 2019. This shores because of violence in their broken immigration system more measure provides supplemental appro- home countries. Everyone knows this. broadly so that it, once again, reflects priations to address humanitarian as- This isn’t a theory; it is fact. Hon- these American values. sistance and security at the border. duras, Guatemala, and El Salvador As we work on a broad response to a The measure contains spending that rank in the top 10 countries in the broken immigration system, let us at qualifies for cap adjustments under world for homicide. Why do we think least be there for those children in the current statute. they are coming? Would any one of us nighttime of their fear—No. 1, not to This measure includes $4,586 million journey hundreds or thousands of create that fear and, No. 2, not to per- in budget authority that is designated miles? I don’t think so. petuate it for these children. At a min- as being for emergency purposes pursu- According to a report issued from imum, we should make a pledge in our ant to section 251(b)(2)(A)(i) of Doctors Without Borders in 2017, government to never have six deaths of BBEDCA. Of that amount, $145 million Northern Triangle countries—the coun- children who are in the custody of the is for spending in the security category tries I just mentioned—are experi- U.S. Government. and $4,441 million is for nonsecurity encing ‘‘violent displacement, persecu- I yield the floor. spending. CBO estimates that this tion, sexual violence, and forced repa- The PRESIDING OFFICER. The Sen- budget authority will result in $1,048 triation akin to the conditions found in ator from Oklahoma. million in outlays in Fiscal Year 2019. the deadliest armed conflicts in the ORDER OF PROCEDURE As a result of the aforementioned world today.’’ That is not some Mem- Mr. INHOFE. Mr. President, I ask designations, I am revising the budget ber of Congress just talking. unanimous consent that notwith- authority and outlay allocations to the For asylum seekers, the decision to standing rule XXII, the cloture vote on Committee on Appropriations by in- move is not a choice; it is a necessity. Senate amendment No. 764 occur at 12 creasing revised security budget au- The journey can further subject them noon on Thursday, June 27; further, thority by $145 million, revised non- to violence, danger, and other abuses that if cloture is invoked, amendment security budget authority by $4,441 along the way. Nos. 864, 863, and 862 be withdrawn and million, and outlays by $1,048 million

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$ in Millions 2019

Current Spending Aggregates: Budget Authority ...... 3,658,445 Outlays ...... 3,555,373 Adjustments: Budget Authority ...... 4,586 Outlays ...... 1,048 Revised Spending Aggregates: Budget Authority ...... 3,663,031 Outlays ...... 3,556,421

REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2019 (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of 1974)

$ in Millions 2019

Current Allocation: Revised Security Discretionary Budget Authority ...... 718,693 Revised Nonsecurity Category Discretionary Budget Authority ...... 637,005 General Purpose Outlays ...... 1,361,764 Adjustments: Revised Security Discretionary Budget Authority ...... 145 Revised Nonsecurity Category Discretionary Budget Authority ...... 4,441 General Purpose Outlays ...... 1,048 Revised Allocation: Revised Security Discretionary Budget Authority ...... 718,838 Revised Nonsecurity Category Discretionary Budget Authority ...... 641,446 General Purpose Outlays ...... 1,362,812 Program Disaster Memorandum: Detail of Adjustments Made Above Regular OCO Integrity Relief Emergency Total

Revised Security Discretionary Budget Authority ...... 0 0 0 0 145 145 Revised Nonsecurity Category Discretionary Budget Authority ...... 0 0 0 0 4,441 4,441 General Purpose Outlays ...... 0 0 0 0 1,048 1,048

BUDGET SCOREKEEPING REPORT tion of and operations at the Internal tionary spending are $647 billion for ac- Revenue Service. counts in the defense category and $597 Mr. ENZI. Mr. President, I wish sub- Budget Committee Republican staff billion for accounts in the nondefense mit to the Senate the budget prepared Tables A–C. category of spending. scorekeeping report for June 2019. The Table A gives the amount by which report compares current-law levels of each Senate authorizing committee ex- The Fiscal Year 2018 budget resolu- spending and revenues with the ceeds or is below its allocation for tion contained points of order limiting amounts the Senate agreed to in the budget authority and outlays under the the use of changes in mandatory pro- Bipartisan Budget Act of 2018 BBAl8. Fiscal Year 2019 enforceable levels fil- grams in appropriations bills, CHIMP. This information is necessary for the ing required by BBA18. This informa- Table C, which tracks the CHIMP limit Senate Budget Committee to deter- tion is used for enforcing committee of $15 billion for Fiscal Year 2019, mine whether budgetary points of allocations pursuant to section 302 of shows the Appropriations Committee order lie against pending legislation. the CBA. For this reporting period, 9 of has enacted $15 billion worth of full- The Republican staff of the Budget the 16 authorizing committees are not year CHIMPs for this Fiscal Year. Committee and the Congressional in compliance with their allocations. Budget Office, CBO, prepared this re- Over the current 10-year enforceable In addition to the tables provided by port pursuant to section 308(b) of the window, authorizing committees have Budget Committee Republican staff, I Congressional Budget Act, CBA. increased outlays by a combined $3.6 am submitting CBO tables, which I will This is my fifth scorekeeping report billion. Of the bills clearing Congress use to enforce budget totals approved this year. My last filing can be found in this reporting period, H.R. 299 added to by Congress. the Congressional Record for May 22, the Veterans’ Affairs Committee’s ex- isting violations, including an increase For Fiscal Year 2019, CBO estimates 2019. The information included in this in spending of $394 million over the 10- that current-law levels are $2.9 billion report is current through June 24, 2019. year window, while H.R. 3151 reduced above and $3.3 billion below enforceable Since my last filing, Congress has spending scoreable to the Finance levels for budget authority and out- cleared three pieces of legislation with Committee by $201 million over the lays, respectively. Revenues are $426 significant budgetary effects. The first, same time period. million below the level assumed in the the Additional Supplemental Appro- Table B provides the amount by budget resolution. These figures re- priations for Disaster Relief Act, 2019, which the Senate Committee on Appro- main unchanged since the May P.L. 116–20, provided $19.1 billion in priations is below or exceeds the statu- Scorekeeping Report, as the appropria- emergency discretionary appropria- tory spending limits. This information tion provided in P.L. 116–20 was accom- tions to address recent natural disas- is used to determine points of order re- panied by a concurrent and equivalent ters. The second, the Blue Water Navy lated to the spending caps found in sec- Vietnam Veterans Act of 2019, H.R. 299, tions 312 and 314 of the CBA. Appropria- increase in aggregate spending levels increased compensation for certain tions for Fiscal Year 2019, displayed in pursuant to section 314 of the CBA. veterans and modified veteran home this table, show that the Appropria- This adjustment can be found in the loan programs. The final bill, the Tax- tions Committee is compliant with CONGRESSIONAL RECORD for May 23, payer First Act, H.R. 3151, modified spending limits for the current fiscal 2019. Further, Social Security revenues several rules that govern the organiza- year. Those limits for regular discre- are at the levels assumed for Fiscal

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2019 2019–2023 2019–2028

Agriculture, Nutrition, and Forestry Budget Authority ...... 2,414 4,249 3,123 Outlays ...... 1,401 1,797 70 Armed Services Budget Authority ...... 0 0 0 Outlays ...... 0 0 0 Banking, Housing, and Urban Affairs Budget Authority ...... 21 285 382 Outlays ...... 20 285 382 Commerce, Science, and Transportation Budget Authority ...... 41 77 91 Outlays ...... 11 74 90 Energy and Natural Resources Budget Authority ...... 0 ¥10 ¥24 Outlays ...... 0 ¥10 ¥24 Environment and Public Works Budget Authority ...... 2 4 ¥333 Outlays ...... 2 4 ¥333 Finance Budget Authority ...... 378 1,078 ¥1,090 Outlays ...... 159 1,070 ¥1,093 Foreign Relations Budget Authority ...... 0 ¥5 ¥20 Outlays ...... 0 ¥5 ¥20 Homeland Security and Governmental Affairs Budget Authority ...... 0 2 4 Outlays ...... 43 48 49 Judiciary Budget Authority ...... 13 209 497 Outlays ...... 13 205 492 Health, Education, Labor, and Pensions Budget Authority ...... 0 ¥36 ¥84 Outlays ...... 0 ¥36 ¥84 Rules and Administration Budget Authority ...... 0 0 1 Outlays ...... 0 0 1 Intelligence Budget Authority ...... 0 0 0 Outlays ...... 0 0 0 Veterans’ Affairs Budget Authority ...... 4 79 ¥335 Outlays ...... 4,402 4,476 4,062 Indian Affairs Budget Authority ...... 0 0 0 Outlays ...... 0 0 0 Small Business Budget Authority ...... 0 0 0 Outlays ...... 0 0 0

Total. Budget Authority ...... 2,873 5,932 2,212 Outlays ...... 6,051 7,908 3,592

TABLE B.—SENATE APPROPRIATIONS COMMITTEE—ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 [Budget authority, in millions of dollars]

2019

Security 2 Nonsecurity 2

Statutory Discretionary Limits ...... 647,000 597,000 Amount Provided by Senate Appropriations Subcommittee Agriculture, Rural Development, and Related Agencies ...... 0 23,042 Commerce, Justice, Science, and Related Agencies ...... 5,499 58,619 Defense ...... 606,340 129 Energy and Water Development ...... 22,440 22,200 Financial Services and General Government ...... 31 23,392 Homeland Security ...... 2,058 47,353 Interior, Environment, and Related Agencies ...... 0 35,552 Labor, Health and Human Services, Education, and Related Agencies ...... 0 178,076 Legislative Branch ...... 0 4,836 Military Construction, Veterans Affairs, and Related Agencies ...... 10,332 86,804 State, Foreign Operations, and Related Programs ...... 0 46,218 Transportation and Housing and Urban Development, and Related Agencies ...... 300 70,779

Current Level Total ...... 647,00 597,000 Total Enacted Above (+) or Below (¥) Statutory Limits ...... 0 0 1 This table excludes spending pursuant to adjustments to the discretionary spending limits. These adjustments are allowed for certain purposes in section 251(b)(2) of BBEDCA. 2 Security spending is defined as spending in the National Defense budget function (050) and nonsecurity spending is defined as all other spending.

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2019

CHIMPS Limit for Fiscal Year 2019 ...... 15,000 Senate Appropriations Subcommittees Agriculture, Rural Development, and Related Agencies ...... 0 Commerce, Justice, Science, and Related Agencies ...... 7,285 Defense ...... 0 Energy and Water Development ...... 0 Financial Services and General Government ...... 0 Homeland Security ...... 0 Interior, Environment, and Related Agencies ...... 0 Labor, Health and Human Services, Education, and Related Agencies ...... 7,715 Legislative Branch ...... 0 Military Construction, Veterans Affairs, and Related Agencies 0 State, Foreign Operations, and Related Programs ...... 0 Transportation, Housing and Urban Development, and Related Agencies ...... 0 Current Level Total ...... 15,000 Total CHIMPS Above (+) or Below (¥) Budget Resolution ...... 0

U.S. CONGRESS, tion 311 of the Congressional Budget Act, as signed the Additional Supplemental Appro- CONGRESSIONAL BUDGET OFFICE, amended. priations for Disaster Relief Act, 2019 (Public Washington, DC, June 26, 2019. The estimates of budget authority, out- Law 116–20). That act has significant effects Hon. MIKE ENZI, lays, and revenues are consistent with the on budget authority and outlays in fiscal allocations, aggregates, and other budgetary Chairman, Committee on the Budget, year 2019. levels printed in the Congressional Record on U.S. Senate, Washington, DC. Sincerely, DEAR MR. CHAIRMAN: The enclosed report May 7, 2018, pursuant to section 30103 of the MARK P. HADLEY shows the effects of Congressional action on Bipartisan Budget Act of 2018 (Public Law (for Phillip L. Swagel, Director.) the fiscal year 2019 budget and is current 115–123). through June 24, 2019. This report is sub- Since our last letter dated May 22, 2019, the Enclosure. mitted under section 308(b) and in aid of sec- Congress has cleared and the President has TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2019, AS OF JUNE 24, 2019 [In billions of dollars]

Current Level Budget Current Over/Under (¥) Resolution Level Resolution

On-Budget Budget Authority ...... 3,658.4 3,661.3 2.9 Outlays ...... 3,555.4 3,552.1 ¥3.3 Revenues ...... 2,590.5 2,590.1 ¥0.4 Off-Budget Social Security Outlays a ...... 908.8 908.8 0.0 Social Security Revenues ...... 899.2 899.2 0.0 Source: Congressional Budget Office. a Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2019, AS OF JUNE 24, 2019 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a, b, c Revenues ...... n.a. n.a. 2,590,496 Permanents and other spending legislation ...... 2,271,360 2,169,258 n.a. Authorizing and Appropriation legislation ...... 1,886,507 1,949,120 ¥302 Offsetting receipts ...... ¥890,012 ¥890,015 n.a.

Total, Previously Enacted ...... 3,267,855 3,228,363 2,590,194 Enacted Legislation Authorizing Legislation Medicaid Extenders Act of 2019 (P.L. 116–3) ...... 120 8 0 Consolidated Appropriations Act, 2019 (P.L. 116–6, Division H) d ...... 2 2 1 Pesticide Registration Improvement Extension Act of 2018 (P.L. 116–8) ...... 0 ¥5 0 Medicaid Services Investment and Accountability Act of 2019 (P.L. 116–16) ...... 52 32 0

Subtotal, Authorizing Legislation ...... 174 37 1 Appropriation Legislation b Consolidated Appropriations Act, 2019 (Divisions A–G, P.L. 116–6) b, c ...... 480,297 311,586 ¥125 Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116–20) ...... 19,121 5,364 0

Subtotal, Appropriation Legislation ...... 499,418 316,950 ¥125 Total, Enacted Legislation ...... 499,592 316,987 ¥124

Entitlements and Mandatories ...... ¥106,128 6,756 0 Total Current Level c ...... 3,661,319 3,552,106 2,590,070 Total Senate Resolution e ...... 3,658,445 3,555,373 2,590,496

Current Level Over Senate Resolution ...... 2,874 n.a. n.a. Current Level Under Senate Resolution ...... n.a. 3,267 426 Memorandum Revenues, 2019–2028 Senate Current Level ...... n.a. n.a. 33,272,354 Senate Resolution e ...... n.a. n.a. 33,273,213

Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. 859 Source: Congressional Budget Office. n.a. = not applicable; P.L. = Public Law. a Includes the budgetary effects of legislation enacted by Congress during the 115th Congress. b Sections 1001–1004 of the 21st Century Cures Act (P.L. 114–255) require that certain funding provided for 2017 through 2026 to the Department of Health and Human Services—in particular the Food and Drug Administration and the National Institutes of Health—be excluded from estimates for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Deficit Control Act) or the Congressional Budget and Impoundment Control Act of 1974 (Congressional Budget Act). Therefore, the amounts shown in this report do not include $771 million in budget authority and $767 million in estimated outlays. c For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include those items.

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d The Continuing Appropriations Act, 2019 (P.L. 116–5), as amended, extended several immigration programs through February 15, 2019, that would otherwise have expired at the end of fiscal year 2018. The estimated budgetary effects of those previously enacted extensions are charged to the Committee on Appropriations, and are included in the budgetary effects of P.L. 116–6 shown in the ‘‘Appropriation Legislation’’ portion of this report. In addition, division H of P.L. 116–6 further extended those same programs through the end of fiscal year 2019. Consistent with the language in title III of division H of P.L. 116–6, and at the direction of the Senate Committee on the Budget, the budgetary effects of extending those immigration programs for the remainder of the fiscal year are charged to the relevant authorizing committees, and are shown in the ‘‘Authorizing Legislation’’ portion of this report. e Section 30103 of the Bipartisan Budget Act of 2018 requires the Chair of the Senate Committee on the Budget to publish the aggregate spending and revenue levels for fiscal year 2019; those aggregate levels were first published in the Congressional Record on May 7, 2018. The Bipartisan Budget Act of 2018 also allows the Chair of the Senate Committee on the Budget to revise the budgetary aggregates:

Budget Authority Outlays Revenues Original Aggregates Printed on May 7, 2018: ...... 3,547,094 3,508,052 2,590,496 Revisions: Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 921 0 0 Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 69,464 38,556 0 Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 0 ¥214 0 Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 1,680 25 0 Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 20,165 3,590 0 Pursuant to sections 311 and 314(a) of the Congressional Budget Act of 1974 ...... 19,121 5,364 0 Revised Senate Resolution ...... 3,658,445 3,555,373 2,590,496

TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD AS OF JUNE 24, 2019 [In millions of dollars]

2018 2019 2018–2023 2018–2028

Beginning Balance a ...... 0 0 0 0 Enacted Legislation b, c A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to ‘‘Incident Auto Lending and Compliance with the Equal Credit Opportunity Act’’ (S.J.Res. 57, P.L. 115–172) ...... * * * * Economic Growth, Regulatory Relief, and Consumer Protections Act (S. 2155, P.L. 115–174) d ...... * 22 329 490 Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 (S. 204, P.L. 115–176) ...... * * * * An Act to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to furnish assistance for adaptations of residences of veterans in rehabilitation programs under chapter 31 of such title, and for other purposes (H.R. 3562, P.L. 115–177) ...... * * * * VA MISSION Act of 2018 (S. 2372, P.L. 115–182) e ...... * * * * Whistleblower Protection Coordination Act (S. 1869, P.L. 115–192) ...... * * * * All Circuit Review Act (H.R. 2229, P.L. 115–195) ...... * * * * American Innovation $1 Coin Act (H.R. 770, P.L. 115–197) ...... 0 3 3 0 Small Business 7(a) Lending Oversight Reform Act of 2018 (H.R. 4743, P.L. 115–189) ...... * * * * Northern Mariana Islands U.S. Workforce Act of 2018 (H.R. 5956, P.L. 115–218) ...... 0 0 0 ¥3 KIWI Act (S. 2245, P.L. 115–226) ...... * * * * To make technical amendments to certain marine fish conservation statutes, and for other purposes (H.R. 4528, P.L. 115–228) ...... * * * * John S. McCain National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515, P.L. 115–232) ...... * * * * Miscellaneous Tariff Bill Act of 2018 (H.R. 4318, P.L. 115–239) ...... 0 304 690 ¥118 Tribal Social Security Fairness Act of 2018 (H.R. 6124, P.L. 115–243) ...... 0 * ¥1 ¥3 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019 (H.R. 6157, Division B, P.L. 115–245, Division B) ...... 0 0 18 18 Nuclear Energy Innovation Capabilities Act of 2017 (S. 97, P.L. 115–248) ...... * * * * Department of Veterans Affairs Expiring Authorities Act of 2018 (S. 3479, P.L. 115–251) ...... * 2 * ¥3 Elkhorn Ranch and White River National Forest Conveyance Act of 2017 (H.R. 698, P.L. 115–252) ...... * * * * FAA Reauthorization Act of 2018 (H.R. 302, P.L. 115–254) f ...... * 44 42 26 Patient Right To Know Drug Act of 2018 (S. 2554, P.L. 115–263) ...... * * ¥11 ¥52 Orrin G. Hatch-Bob Goodlatte Music Modernization Act (H.R. 1551, P.L. 115–264) ...... 0 0 13 ¥24 Congressional Award Program Reauthorization Act of 2018 (S. 3509, P.L. 115–268) ...... 0 * 2 4 America’s Water Infrastructure Act of 2018 (S. 3021, P.L. 115–270) ...... 0 2 16 ¥230 SUPPORT for Patients and Communities Act (H.R. 6, P.L. 115–271) g ...... 0 * * * Hizballah International Financing Prevention Amendments Act of 2017 (S. 1595, P.L. 115–272) ...... 0 * * * To authorize the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes (H.R. 1037, P.L. 115–275) ...... 0 * * * Gulf Islands National Seashore Land Exchange Act (H.R. 2615, P.L. 115–279) ...... 0 * * * Frank LoBiondo Coast Guard Authorization Act of 2018 (S. 140, P.L. 115–282) ...... 0 10 34 0 Making further continuing appropriations for fiscal year 2019, and for other purposes (H.J.Res. 143, P.L. 115–298) ...... 0 * * * Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (S. 2152, P.L. 115–299) ...... 0 * * * A bill to establish a procedure for the conveyance of certain federal property around the Dickinson Reservoir in the State of North Dakota (S. 440, P.L. 115–306) ...... 0 0 0 ¥4 A bill to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota, and for other purposes (S. 2074, P.L. 115–308) ...... 0 0 0 ¥7 Anwar Sadat Centennial Celebration Act (H.R. 754, P.L. 115–310) ...... 0 * * * Larry Doby Congressional Gold Medal Act (H.R. 1861, P.L. 115–322) ...... 0 * * * Reciprocal Access to Tibet Act of 2018 (H.R. 1872, P.L. 115–330) ...... 0 * * * Protecting Access to the Courts for Taxpayers Act (H.R. 3996, P.L. 115–332) ...... 0 * * * Agriculture Improvement Act of 2018 (H.R. 2, P.L. 115–334) ...... 0 1,399 1,785 0 Nicaragua Human Rights and Anticorruption Act of 2018 (H.R. 1918, P.L. 115–335) ...... 0 * * * 21st Century Integrated Digital Experience Act (H.R. 5759, P.L. 115–336) ...... 0 * * * Chinese-American World War II Veteran Congressional Gold Medal Act (S. 1050, P.L. 115–337) ...... 0 * * * USS Indianapolis Congressional Gold Medal Act (S. 2101, P.L. 115–338) ...... 0 * * * Naismith Memorial Basketball Hall of Fame Commemorative Coin Act (H.R. 1235, P.L. 115–343) ...... 0 0 0 0 Sanctioning the Use of Civilians as Defenseless Shields Act (H.R. 3342, P.L. 115–348) ...... 0 * * * Correcting Miscalculations in Veterans’ Pensions Act (H.R. 4431, P.L. 115–352) ...... 0 * * * Strengthening Coastal Communities Act of 2018 (H.R. 5787, P.L. 115–358) ...... 0 * * * Walnut Grove Land Exchange Act (H.R. 5923, P.L. 115–361) ...... 0 * * * To amend the Federal Election Campaign Act of 1971 to extend through 2023 the authority of the Federal Election Commission to impose civil money penalties on the basis of a schedule of penalties established and published by the Commission (H.R. 7120, P.L. 115–386) ...... 0 * * * First Step Act of 2018 (S. 756, P.L. 115–391) ...... 0 11 120 317 Abolish Human Trafficking Act of 2017 (S. 1311, P.L. 115–392) ...... 0 * * * CENOTE Act of 2018 (S. 2511, P.L. 115–394) ...... 0 * * * NASA Enhanced Use Leasing Extension Act of 2018 (S. 7, P.L. 115–403) ...... 0 0 5 5 Veterans Benefits and Transition Act of 2018 (S. 2248, P.L. 115–407) ...... 0 * * * Stephen Michael Gleason Congressional Gold Medal Act (S. 2652, P.L. 115–415) ...... 0 * * * Veterans Small Business Enhancement Act of 2018 (S. 2679, P.L. 115–416) ...... 0 * * * Forever GI Bill Housing Payment Fulfillment Act of 2018 (S. 3777, P.L. 115–422) ...... 0 * * * National Integrated Drought Information System Reauthorization Act of 2018 (S. 2200, P.L. 115–423) ...... 0 * * * To authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska (H.R. 4689, P.L. 115–429) ...... 0 * * * 75th Anniversary of World War II Commemoration Act (S. 3661, P.L. 115–433) ...... 0 * * * Chemical Facility Anti-Terrorism Standards Program Extension Act (H.R. 251, P.L. 116–2) ...... 0 * * * Medicaid Extenders Act of 2019 (H.R. 259, P.L. 116–3) ...... 0 8 63 * Further Additional Continuing Appropriations Act, 2019 (H.J.Res. 28, P.L. 116–5) ...... 0 * * * Consolidated Appropriations Act, 2019 (H.J.Res. 31, P.L. 116–6) a ...... 0 125 229 9 Pesticide Registration Improvement Extension Act of 2018 (S. 483, P.L. 116–8) ...... 0 ¥5 ¥23 0 John D. Dingell, Jr. Conservation, Management, and Recreation Act (S. 47, P.L. 116–9) ...... 0 0 ¥10 ¥10 Medicaid Services Investment and Accountability Act of 2019 (H.R. 1839, P.L. 116–16) ...... 0 32 69 27 Target Practice and Marksmanship Training Support Act (H.R. 1222, P.L. 116–17) ...... 0 * * * An act to make technical corrections to the computation of average pay under Public Law 110–279 (S. 1436, P.L. 116–21) ...... 0 * * 1 Blue Water Navy Vietnam Act of 2019 (H.R. 299) ...... 0 0 76 394 Taxpayer First Act (H.R. 3151) ...... 0 * ¥37 ¥37 Northern Mariana Islands Long-Term Legal Residents Relief Act (H.R. 559) ...... 0 * * * Impact on Deficit ...... * 1,957 3,412 800 Total Change in Outlays ...... * 1,530 2,505 2 Total Change in Revenues ...... * ¥427 ¥907 ¥798 Source: Congressional Budget Office Notes: P.L. = Public Law, * = between ¥$500,000 and $500,000. a On May 7, 2018, the Chairman of the Senate Committee on the Budget reset the Senate’s Pay-As-You-Go Scorecard to zero for all fiscal years. b The amounts shown represent the estimated effect of the public laws on the deficit. c Excludes off-budget amounts.

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d Pursuant to section 232(b) of H.C.Res. 290 (106th Congress), the Concurrent Budget Resolution for Fiscal Year 2001, the budgetary effects related to the Federal Reserve’s surplus funds are excluded. As a result, the amounts shown do not include estimated increases in revenues of $655 million in fiscal year 2019, $570 million over the 2019–2023 period, and $454 million over the 2019–2028 period. e The budgetary effects of this Act are excluded from the Senate’s PAYGO scorecard, pursuant to section 512 of the Act. f Division I of P.L. 115–254 contains the Supplemental Appropriations for Disaster Relief Act, 2018, which provided $1,680 million in supplemental appropriations for fiscal year 2019, and designated as an emergency requirement pur- suant to section 251 of the Deficit Control Act. At the direction of the Committees on the Budget, and consistent with the language in section 1701, those amounts are shown as discretionary spending. g The budgetary effects of this Act are excluded from the Senate’s PAYGO scorecard, pursuant to section 8231 of the Act. h The budgetary effects of title I of division H are excluded from the Senate’s PAYGO scorecard, pursuant to title III of division H of the Act.

Enforcement Report of Points of Order Raised Since the FY 2019 Enforcement Filing

Vote Date Measure Violation Motion to Waive Result

127 ...... June 18, 2018 ...... H.R. 5515—John S. McCain National Defense Au- 4106(a)-Senate-Pay-As-You-Go Violation 1 ...... Sen. McConnell (R–KY) 2 ...... 81–14, waived thorization. 192 ...... August 23, 2018 ...... S. Amdt. #3695 to H.R. 6157, the Defense, Labor, 314(a) CHIMP with Net-Costs ...... Sen. Leahy (D–VT) ...... 68–24, waived HHS, and Education Appropriations Act 3.

1 Senator Sanders raised a section 4106(a) of H.Con.Res. 71 (115th Congress) point of order against the bill because the bill would increase the on-budget deficit. 2 By unanimous consent the Senate proceeded to a roll call vote to waive the point of order. 3 This surgical point of order would have struck lines 7–8 of page 270 in Division B (Title III) of the substitute amendment, which was related to the Pell Grant program. This provision was a Change in Mandatory Program (CHIMP) esti- mated to increase spending by $390 million over 10 years.

NATIONAL DEFENSE non-combat training-related acci- One of these amendments seeks to AUTHORIZATION ACT dents.’’ Training accidents are occur- maintain the Nation’s technological Mr. CARDIN. Mr. President, the men ring across the spectrum of military superiority in energetics research and and women who serve in our military platforms, military aviation incidents development. Energetics plays a crit- are incredible patriots, and the Na- rose nearly 40 percent from 2013 to 2017. ical role in our national security in en- tional Defense Authorization Act, resulting in 133 military deaths; in hancing propulsion and ordnance sys- NDAA, is a vitally important bill the 2017, 17 sailors were killed in two sepa- tems’ effectiveness in terms ofreach, Senate passes every year to ensure our rate naval ship collisions. Three of accuracy, and lethality. Other nations, servicemembers are trained, equipped, those who died were also Maryland such as China and Russia, continue to and ready for the global threats our residents. make strides in energetic material de- Nation faces. To this end, investing in Something needs to change in the velopment, and the U.S. cannot afford military’s current culture of training our ready and all-volunteer force to en- to fall behind. My amendment would safety, and the most recent losses of sure we maintain a military competi- require the Department of Defense to life reflect that the current culture is tive advantage is crucial. I would like develop an energetics research and de- increasing risk, not reducing it. When to highlight three amendments that I velopment plan to ensure a long-term, military training yields nearly four have introduced to enhance the fiscal multidomain research, development, times the casualties compared to com- year 2020 NDAA. prototyping, and experimentations ef- My first amendment addresses an in- bat, training is no longer realistic, it is fort, which will have the additional unsafe. These training accidents are re- creasing concern regarding deaths and benefit of maintaining a robust defense sulting in the unnecessary death and injuries related to military training. industrial base and trained workforce. injury of our servicmembers and are se- Our men and women in uniform volun- It also requires the Secretary to work verely degrading our military readi- teer to serve in a profession that car- in conjunction with DOD Research ness. No justifiable reason exists for ries a great deal of inherent risk and Labs, labs such as the Naval Surface training that assumes unnecessary risk can demand great sacrifice. Many have Warfare Center at Indian Head, MD. In- and disregards the safety of our men dian Head is one of the premier re- paid the ultimate sacrifice with their and women in uniform. This worrisome search and development facilities for lives upon the fields of battle. Unfortu- trendline since 2015 demands a serious energetics. The DOD would be required nately, many have also died while examination of military training safe- to brief the relevant congressional De- training for battle. To ensure that our ty and implementation of associated fense committees on this plan within a soldiers, sailors, airmen, and marines corrective actions across the entire De- year of the NDAA’s enactment into are the best fighting force in the world, partment of Defense. law. our military necessarily exercises I have filed an amendment to the My other amendment seeks to pre- them in demanding and realistic train- NDAA, which I hope the Senate will serve funding and staffing of Army ing. Effective military training builds consider, that would require the De- medical research and development ef- readiness, tactical proficiency. and partment of Defense to conduct a study forts. The Department of Defense and competence, and increases the con- that analyzes the recent training the Army’s medical research and devel- fidence of our military force to win deaths of servicemembers; provides an opment efforts are critical to increase wars. I am concerned, however, that, assessment of the associated trends, in- warfighter readiness through improv- under the guise of ‘‘realistic training,’’ cluding vehicle rollovers; and demands ing health protection and resilience, the military is assuming unnecessary recommendations for actions to pre- improving health delivery in deployed risk that has resulted in an alarming vent or minimize such deaths and inju- areas, and enhancing the recovery and increase in servicemembers’ training- ries in the future. This report would be rehabilitation of our wounded related deaths. due to Congress no later than 180 days servicemembers. In the past 9 weeks alone, six soldiers after the enactment of the NDAA. We The Army’s medical research and de- and marines have been killed in mili- owe it to the individuals who volunteer velopment has played a key role for the tary vehicle rollover accidents during to serve, and their families, to improve Department of Defense, executing over training; an additional 34 service mem- the military’s culture of training safe- 78 percent of DO D’s medical research, bers have been injured. One of those ty and prevent unnecessary deaths and development, testing, and evaluation killed on May 9, 2019, was my con- injuries from occurring in training en- funding. I am proud to say that the stituent from Chestertown, MD, 24- vironments. majority of this work runs through Ft. year-old Marine 1LT, Hugh Conor Another important aspect of the Detrick, MD, often in partnership with McDowell, when his light armored ve- NDAA is to ensure that our military is the medical research programs at hicle rolled over during a military investing in modernization and innova- John’s Hopkins, the University of training event at Camp Pendleton, CA. tion to preserve our strategic competi- Maryland, and the Kennedy Krieger In- Since 2015, noncombat deaths have tive advantage against our adversaries. stitute. The Army’s medical research exceeded the number of military mem- I was pleased that Senators Inhofe and efforts have addressed medical issues bers killed in action every year. A 2018 Reed have included two of my amend- unique to the military, which private House Armed Services Committee Re- ments in division E, the so-called man- industry and academia have lacked in- port stated, ‘‘In 2017, nearly four times agers’ package of amendments to the terest in conducting. Some examples as many members of the military died substitute amendment to the under- include blast injuries, brain trauma, in training accidents as were killed in lying bill. My two amendments focus and endemic diseases across the globe combat. In all, 21 Service members died on preserving and bolstering mod- that our military has mobilized to ad- in combat while 80 died as a result of ernization and innovation. dress, such as the Ebola outbreak in

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.046 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4563 Liberia. We need to ensure that in ad- Also, as I said to my colleagues when and All Time. The company’s sales dition to investing in next generation we marked up this bill, I have serious doubled, it drastically improved its weapons to deter or destroy our adver- concerns with this administration’s re- business practices and systems, and saries, the Department of Defense is peated practice of transferring funding Jason was scouting locations for a sec- preserving research and development from the purpose that we appropriate ond store. resourcing for next generation medical to meet its own ends. Today, a group of Then on May 27, 2018, less than 2 solutions that protect and save the constituents stopped by my office seek- years after the 2016 flood and less than lives of our servicemen and women. ing reassurance that this funding 18 months after All Time reopened, Readiness, modernization, and inno- would not be used for interior enforce- Ellicott City was devastated again by vation are key pillars of the; fiscal ment. They were understandably fear- another historic flash flood. This time, year 2020 NDAA; my three amendments ful of the President’s threats of wide- however, Jason was prepared with a strengthen those focus areas by ensur- spread raids and mass deportations. readiness plan and the business con- ing our servicemembers are receiving While this bill prohibits transfers with- tinuity strategies he learned from the realistic but safe training, are sup- in DHS on this supplemental funding, I Maryland SBDC. ported by weapons that are enhanced cannot fully reassure my constituents According to FEMA, 40 percent of by energetic materials, and are pro- because the administration could still small businesses that go through a tected and treated by world-class mili- transfer other FY19 funds to support major disaster never open their doors tary medical solutions during their its draconian immigration agenda. again, and given that Jason was a training and deployments. Our I have visited the border, and I have brand-new entrepreneur who had lost servicemembers deserve the best, and seen the tragedy the President’s poli- the vast majority of his stock, to say our national security requires that we cies have created there. His family sep- that All Time beat the odds would be maintain our competitive advantage. aration policy is a dark mark on our an understatement. Let us ensure the fiscal year 2020 Jason’s story is why the Small Busi- Nation’s history. His Justice Depart- NDAA incorporates the training safety, ness Committee invited him to provide ment has argued that toothbrushes, technological innovation, and contin- testimony during our hearing on the soap, and even sleep are not necessary ued development of medical solutions Small Business Administration’s Office for the well-being of children. It is required to do so. of Disaster Assistance. In his deeply clear that Congress cannot simply Mr. ENZI. Mr. President, I ask unani- moving testimony, Jason made clear trust this administration to do the mous consent that at its next printing, that his recovery would not have been right thing. the name of the Senator from Texas, possible without support from SBA, the I urge my colleagues to work to in- Mr. CRUZ, be added as cosponsor to S. Maryland SBDC, and its two secret 663 to S. 1790, to authorize appropria- clude the stronger House-passed re- weapons: Maryland SBDC consultants tions for fiscal year 2020 for military strictions to protect children’s safety Craig Panos and Garrett Clover, whose activities of the Department of De- and to strengthen restrictions on re- advice and knowledge Jason called mi- fense, for military construction, and programming as we continue our ap- raculous during the hearing. for defense activities of the Depart- propriations process. For too many small businesses, a ment of Energy, to prescribe military f major natural disaster marks the end personnel strengths for such fiscal ADDITIONAL STATEMENTS of a dream, but for Jason and All Time, year, and for other purposes. surviving two historic floods has f opened up a new chapter defined by re- RECOGNIZING ALL TIME TOYS silience and persistence. He recently EMERGENCY SUPPLEMENTAL AP- reopened All Time in nearby PROPRIATIONS FOR HUMANI- ∑ Mr. CARDIN. Mr. President, it is Eldersburg, MD, and he is once again TARIAN ASSISTANCE AND SECU- with great pride that I name All Time Toys of Eldersburg, MD, the U.S. Sen- scouting locations for a second store. RITY AT THE SOUTHERN BOR- I am proud of Jason’s Free State per- ate Small Business of the Week. DER ACT severance, and I am honored to recog- All Time’s story and that of its Mr. VAN HOLLEN. Mr. President, nize him and his entire team at All owner Jason Barnes is one of persever- this morning, Americans woke up to a Time Toys as the Senate Small Busi- ance. That is because All Time has re- picture of a 25-year-old father lying ness of the Week. I look forward to covered from two 1,000–year flood facedown, holding his infant daughter. watching their continued growth and events in less than 18 months. They both drowned crossing the Rio success.∑ On July 31, 2016, less than 2 months Grande River. The border policies im- f plemented by this administration have after Jason purchased All Time, 75 per- life or death consequences. Congress cent of his inventory was destroyed by REMEMBERING REBA JOY should be doing everything in its power a historic, fatal flash flood that washed HONAKER to make sure that our southern border through Ellicott City, leaving millions ∑ Mr. MANCHIN. Mr. President, today I wish is safe and secure and that asylum of dollars’ worth of damage in its wake. to honor a proud West Virginian, a dedicated seekers are treated with dignity and Within hours, countless videos of the public servant, a beloved wife, mother, grand- respect. destructive torrent rushing down Main mother, and a dear friend to all who had the I share the horror of my constituents Street were being shared on social pleasure of knowing her. It is a privilege to in Maryland about the squalid and in- media and on the news. One of those recognize the life and legacy of Mayor Reba humane conditions in which children videos was of Jason leading a human Joy Honaker for her many years of dedicated are being held at the border. We have chain to rescue a woman trapped in her service to the city of Welch and to our home an obligation to provide resources to car. Jason’s selfless act has been seen State. ensure the safety of these children, but by millions of people around the globe, A lifelong resident of McDowell County, this administration has demonstrated and it earned him an award from the growing up on Belcher Mountain, Mayor only callousness towards migrants Carnegie Hero Fund. When asked about Honaker graduated from Welch High School seeking asylum at our border, and we his act of heroism, Jason said that he and Concord College and was also a dedi- have an obligation as a coequal branch ‘‘just wanted to help any way’’ he could cated member of the Elkhorn Old Regular of government with the power of the and that he could not ‘‘just stand idly Baptist Church. Upon graduating from college, purse to ensure that the resources we by.’’ she taught home economics at Big Creek High provide are spent responsibly and de- After the waters receded, Jason had School until the birth of her son. Later she liver real care. While I appreciate the to figure out how he would move for- began directing weddings and designing wed- guardrails that Senators LEAHY and ward. Thanks to his persistence, and ding cakes, a skill she taught to others. She SHELBY negotiated in this bill, I believe with support from the Maryland Small was active with the American Association of that the House-passed package has Business Development Center,— University Women’s McDowell Chapter, where stronger restrictions that will better SBDC—All Time reopened less than 6 she took the lead on the yearly arts and crafts protect children and families at the months later on January 20, 2017; 2017 festival with proceeds benefitting the advance- border. was a very successful year for Jason ment of women in higher education. In 1984,

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 9920 E:\CR\FM\A26JN6.016 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4564 CONGRESSIONAL RECORD — SENATE June 26, 2019 Mayor Honaker opened Flowers by Reba, a tion, and historic preservation pro- cinnati region to pursue their careers small business she owned and operated until grams. To name just one significant and to raise their families, contrib- 2006. Her volunteerism spanned the commu- contribution, the National Park Serv- uting to the overall success of this re- nity, from helping to start the very successful ice has been working with the Fish and gion. Coal Camp Creations Company, to volun- Wildlife Service and other experts and The Mount also serves a diverse pop- teering with the McDowell County Chamber of volunteers to help protect peregrine ulation. Over 31 percent of students are Commerce at various festivals and events. falcons and reintroduce them to the first generation, 23 percent represent Mayor Honaker truly wanted the very best for area. The use of DDT as a pesticide had minority populations, and 100 percent McDowell County, helping to recreate events all but caused the extinction of the receive financial assistance through that took place in other areas of the State. species. Since the ban of DDT in the scholarships and financial aid. About 48 She assumed her role as mayor of Welch in 1970s, the population of peregrine fal- percent of Mount students are from 2011 and was able to put her vision for the cons have recovered significantly to families in the low or moderate income community to even greater use. Whether due extensive conservation efforts. I levels. working with the Welch Kiwanis Club or the am so deeply proud of what our citizens Students at the Mount pursue studies American Legion Post 8 Ladies Auxiliary, she have accomplished and what they will in 39 undergraduate degree programs, 6 was able to make a tremendous impact on the continue to accomplish to preserve our master’s degree programs, and 2 doc- lives of countless families in the area. Most re- forests, rivers, wildlife, and historic toral programs. As a result of the aca- cently, we celebrated the opening of the Jack sites in the days and years ahead. demic excellence and career focus of Caffrey Arts Center, a project near and dear to Harpers Ferry, itself, has been a loca- the university, more than 98 percent of Mayor Honaker’s heart that serves as a hub tion that has greatly influenced our Mount students are successful in start- for cultural programs in McDowell County. Nation’s history. This community saw ing their careers, securing significant Mayor Honaker represented the very best of the arrival of the first successful Amer- volunteer opportunities and obtaining West Virginia, which is saying quite a lot. In ican railroad, was the site of John admission to graduate programs within the Mountain State, if you are hungry, you will Brown’s raid on the Harpers Ferry Ar- 6 months of graduating.∑ be fed. If you are lost, someone will not only mory, saw the largest surrender of Fed- give you directions but will offer to drive you eral troops during the Civil War, and f to your destination. That is just who we are, was among the first locations to sup- MESSAGES FROM THE PRESIDENT and that is who Mayor Honaker was. We have port the education of former slaves in lost a shining star in McDowell County, but her one of the earliest integrated schools Messages from the President of the impact, vision, and her passion for this special in the United States. It was of such sig- United States were communicated to community will last forever. It was an honor to nificance that it changed hands seven the Senate by Ms. Roberts, one of his have known her and to call her a friend. times during the Civil War. secretaries. What is most important is that she lived a Visiting this historic community is full life, surrounded by dear friends and family. like stepping into the past. Whether f It is my hope that her family and friends are visiting the park, strolling through the EXECUTIVE MESSAGES REFERRED able to find peace, strength, and support in picturesque streets, visiting museums one another. I extend my condolences to and battlefields, or hiking the trails, it As in executive session the Presiding Charles, her loving husband of 57 years; her reflects the West Virginia heritage and Officer laid before the Senate messages children, Darren and Patty, and Joi and Jer- principles you just can’t find anywhere from the President of the United emy; her grandchildren, Christopher, Erik, else in the world. All of Harpers Fer- States submitting sundry nominations Mason, Wyatt, and Paige; and her numerous ry’s features collectively make it one and a withdrawal which were referred extended family members and dear friends of West Virginia’s most treasured des- to the appropriate committees. with the city of Welch. Again, I extend to you tinations. Of course, even more special (The messages received today are my most sincere condolences for our loss of than our national historical monu- printed at the end of the Senate pro- this wonderful person. The unwavering love ments are the people who take such ceedings.) she had for her family, friends, community, pride in maintaining the knowledge of f and our home State will live on forever in the our history and traditions and pre- ∑ hearts of all who knew her. serving the locations and commonsense MESSAGE FROM THE HOUSE f values we hold dear. Harpers Ferry National Historical At 10:03 a.m., a message from the 75TH ANNIVERSARY OF HARPERS Park is treasured in the hearts of all House of Representatives, delivered by FERRY NATIONAL HISTORICAL West Virginians as a statewide commu- Mr. Novotny, one of its reading clerks, PARK nity and beyond, and it is a privilege to announced that the House has passed ∑ Mr. MANCHIN. Mr. President, today recognize its 75th year in the National the following bill, in which it requests I wish to honor the 75th anniversary of Park Service.∑ the concurrence of the Senate: Harpers Ferry National Historical f H.R. 3401. An act making emergency sup- Park as a part of the National Park plemental appropriations for the fiscal year Service. RECOGNIZING MOUNT ST. JOSEPH ending September 30, 2019, and for other pur- It is no secret that my home State of UNIVERSITY poses. West Virginia is one of the most natu- ∑ Mr. PORTMAN. Mr. President, today The message further announced that rally beautiful States in the Nation. As I wish to recognize Mount St. Joseph pursuant to section 2(a) of the National a native West Virginian and an outdoor University on its 100th anniversary of Cultural Center Act (20 U.S.C. 76h(a)), enthusiast, I know just how important service to higher education. as amended by Public Law 107–117, and our wild and wonderful outdoor herit- Since 1920, Mount St. Joseph Univer- the order of the House of January 3, age is to our great State. Our sparkling sity has stood the test of time as an in- 2019, the Speaker appoints the fol- rivers, sweeping valleys, and majestic stitution of higher education in Great- lowing Member on the part of the mountains make our small State a true er Cincinnati, grounded in the spiritual House of Representatives to the Board gem and beckon sports and outdoor en- values and vision of its founders, the of Trustees of the John F. Kennedy thusiasts from all over the world. It is Sisters of Charity of Cincinnati. As the Center for the Performing Arts: Mr. vital to the Mountain State that the Mount approaches its centennial in SMITH of Missouri. natural beauty of our home State is 2020, it remains on a mission—to edu- The message also announced that protected and that we consistently cate students, build better commu- pursuant to 22 U.S.C. 2903, and the strive to promote our endless tourism nities, and to serve the common good. order of the House of January 3, 2019, opportunities. Mount St. Joseph University enrolls the Speaker appoints the following For more than a century, the Na- 2,168 undergraduate, graduate, and doc- Member on the part of the House of tional Park Service has played a major toral students. The majority of Mount Representatives to the Japan-United role in this success by engaging com- graduates—i.e. more than 13,000 of the States Friendship Commission: Mr. munities through recreation, conserva- 16,600 living alumni—stay in the Cin- HILL of Arkansas.

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.022 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4565 EXECUTIVE AND OTHER of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- COMMUNICATIONS ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Drawbridge Operation Regulation; Red ‘‘Safety Zone; Upper Mississippi River, Miles The following communications were River, Shreveport, LA’’ ((RIN1625–AA09) 109.9 to 647.8, Chester, IL to Guttenberg, IA’’ laid before the Senate, together with (Docket No. USCG–2017–0911)) received dur- ((RIN1625–AA00) (Docket No. USCG–2019– accompanying papers, reports, and doc- ing adjournment of the Senate in the Office 0334)) received during adjournment of the uments, and were referred as indicated: of the President of the Senate on June 21, Senate in the Office of the President of the EC–1761. A communication from the Assist- 2019; to the Committee on Commerce, Senate on June 21, 2019; to the Committee on ant Secretary of the Navy (Manpower and Science, and Transportation. Commerce, Science, and Transportation. EC–1771. A communication from the Attor- Reserve Affairs), transmitting, pursuant to EC–1779. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department law, a report on the mobilizations of selected ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- reserve units, received in the Office of the of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- President of the Senate on June 24, 2019; to ant to law, the report of a rule entitled cial Local Regulation; Delaware Bay, Lower the Committee on Armed Services. ‘‘Safety Zone; Upper Mississippi River, Miles EC–1762. A communication from the Acting Township, NJ’’ ((RIN1625–AA08) (Docket No. 109.9 to 184, St. Louis, MO’’ ((RIN1625–AA00) Secretary, Securities and Exchange Commis- USCG–2019–0320)) received during adjourn- (Docket No. USCG–2019–0334)) received dur- sion, transmitting, pursuant to law, the re- ment of the Senate in the Office of the Presi- ing adjournment of the Senate in the Office port of a rule entitled ‘‘Auditor Independ- dent of the Senate on June 21, 2019; to the of the President of the Senate on June 21, ence with Respect to Certain Loans or Debt- Committee on Commerce, Science, and 2019; to the Committee on Commerce, or-Creditor Relationships’’ (RIN3235–AM01) Transportation. Science, and Transportation. EC–1772. A communication from the Attor- received in the Office of the President of the EC–1780. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department Senate on June 24, 2019; to the Committee on ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Banking, Housing, and Urban Affairs. of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- EC–1763. A communication from the Chief ant to law, the report of a rule entitled cial Local Regulation; Great Western Tube Counsel, Saint Lawrence Seaway Develop- ‘‘Safety Zone; Tennessee River, Moors Re- Float; Colorado River, Parker, AZ’’ ment Corporation, Department of Transpor- sort and Marina Fireworks, Gilbertsville, ((RIN1625–AA08) (Docket No. USCG–2019– tation, transmitting, pursuant to law, the re- KY’’ ((RIN1625–AA00) (Docket No. USCG– 0443)) received during adjournment of the port of a rule entitled ‘‘Seaway Regulations 2019–0309)) received during adjournment of Senate in the Office of the President of the and Rules: Periodic Update, Various Cat- the Senate in the Office of the President of Senate on June 21, 2019; to the Committee on egories’’ (RIN2135–AA45) received during ad- the Senate on June 21, 2019; to the Com- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- journment of the Senate in the Office of the EC–1773. A communication from the Attor- President of the Senate on June 21, 2019; to tation. ney-Advisor, U.S. Coast Guard, Department EC–1781. A communication from the Attor- the Committee on Environment and Public of Homeland Security, transmitting, pursu- Works. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- EC–1764. A communication from the Chief ‘‘Safety Zone, Dive Operations; Cape May Counsel, Saint Lawrence Seaway Develop- ant to law, the report of a rule entitled Canal, Cape May, NJ’’ ((RIN1625–AA00) ‘‘Safety Zone; Tennessee River, Moors Re- ment Corporation, Department of Transpor- (Docket No. USCG–2019–0435)) received dur- tation, transmitting, pursuant to law, the re- sort and Marina Fireworks, Gilbertsville, ing adjournment of the Senate in the Office KY’’ ((RIN1625–AA00) (Docket No. USCG– port of a rule entitled ‘‘Tariff of Tolls’’ of the President of the Senate on June 21, (RIN2135–AA46) received during adjournment 2019–0309)) received during adjournment of 2019; to the Committee on Commerce, the Senate in the Office of the President of of the Senate in the Office of the President Science, and Transportation. of the Senate on June 21, 2019; to the Com- the Senate on June 21, 2019; to the Com- EC–1774. A communication from the Attor- mittee on Commerce, Science, and Transpor- mittee on Environment and Public Works. ney-Advisor, U.S. Coast Guard, Department EC–1765. A communication from the Assist- tation. of Homeland Security, transmitting, pursu- EC–1782. A communication from the Attor- ant Secretary, Legislative Affairs, Depart- ant to law, the report of a rule entitled ment of State, transmitting, pursuant to the ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Annual Events in the Captain of Homeland Security, transmitting, pursu- Convention on Cultural Property Implemen- of the Port Buffalo Zone’’ ((RIN1625–AA00) tation Act, six (6) reports of the Cultural ant to law, the report of a rule entitled (Docket No. USCG–2019–0121)) received dur- ‘‘Safety Zone for Fireworks Display; Upper Property Advisory Committee (CPAC) from ing adjournment of the Senate in the Office 2018 relative to memoranda of understanding Potomac River, Washington, DC’’ ((RIN1625– of the President of the Senate on June 21, AA00) (Docket No. USCG–2019–0221)) received and cultural property agreements; to the 2019; to the Committee on Commerce, Committee on Finance. during adjournment of the Senate in the Of- Science, and Transportation. fice of the President of the Senate on June EC–1766. A communication from the Chair- EC–1775. A communication from the Attor- 21, 2019; to the Committee on Commerce, man, Medicare Payment Advisory Commis- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. sion, transmitting, pursuant to law, a report of Homeland Security, transmitting, pursu- entitled ‘‘June 2019 Report to the Congress: ant to law, the report of a rule entitled f Medicare and the Health Care Delivery Sys- ‘‘Safety Zone; St. Lucie River, Stuart, Flor- REPORTS OF COMMITTEES tem’’; to the Committee on Finance. ida’’ ((RIN1625–AA00) (Docket No. USCG– EC–1767. A communication from the Direc- 2019–0208)) received during adjournment of The following reports of committees tor, Congressional Affairs, Federal Election the Senate in the Office of the President of were submitted: Commission, transmitting, pursuant to law, the Senate on June 21, 2019; to the Com- By Mr. ISAKSON, from the Committee on the Commission’s fiscal year 2017 annual re- mittee on Commerce, Science, and Transpor- port relative to the Federal Activities Inven- Veterans’ Affairs: tation. Special Report entitled ‘‘Legislative and tory Reform Act of 1998 (FAIR Act) and the EC–1776. A communication from the Attor- Oversight Activities During the 115th Con- Uniform Resource Locator (URL) for the re- ney-Advisor, U.S. Coast Guard, Department gress by the Senate Committee on Veterans’ port; to the Committee on Homeland Secu- of Homeland Security, transmitting, pursu- Affairs’’ (Rept. No. 116–51). rity and Governmental Affairs. ant to law, the report of a rule entitled By Mr. SHELBY, from the Committee on EC–1768. A communication from the Assist- ‘‘Safety Zone; Missouri River, Mile Markers Appropriations: ant Attorney General, Office of Legislative 0 to 738.4, St. Louis, MO to Sioux, IA’’ Special Report entitled ‘‘Further Revised Affairs, Department of Justice, transmit- ((RIN1625–AA00) (Docket No. USCG–2019– Allocation to Subcommittees of Budget To- ting, pursuant to law, the Office of Commu- 0384)) received during adjournment of the tals For Fiscal Year 2019’’ (Rept. No. 116–52). nity Oriented Policing Services (COPS) An- Senate in the Office of the President of the nual Report for fiscal year 2018; to the Com- Senate on June 21, 2019; to the Committee on f mittee on the Judiciary. Commerce, Science, and Transportation. EC–1769. A communication from the Regu- EC–1777. A communication from the Attor- INTRODUCTION OF BILLS AND lation Policy Development Coordinator, Of- ney-Advisor, U.S. Coast Guard, Department JOINT RESOLUTIONS fice of Regulation Policy and Management, of Homeland Security, transmitting, pursu- The following bills and joint resolu- Department of Veterans Affairs, transmit- ant to law, the report of a rule entitled tions were introduced, read the first ting, pursuant to law, the report of a rule en- ‘‘Safety Zone; Illinois River, Miles 0 to 187, and second times by unanimous con- titled ‘‘Schedule for Rating Disabilities; In- Grafton, IL to Peoria, IL’’ ((RIN1625–AA00) fectious Diseases, Immune Disorders, and (Docket No. USCG–2019–0171)) received dur- sent, and referred as indicated: Nutritional Deficiencies’’ (RIN2900–AQ43) re- ing adjournment of the Senate in the Office By Mr. UDALL (for himself, Mr. HEIN- ceived in the Office of the President of the of the President of the Senate on June 21, RICH, Mr. KING, Ms. SMITH, and Mr. Senate on June 20, 2019; to the Committee on 2019; to the Committee on Commerce, WHITEHOUSE): Veterans’ Affairs. Science, and Transportation. S. 1974. A bill to amend the Public Utility EC–1770. A communication from the Attor- EC–1778. A communication from the Attor- Regulatory Policies Act of 1978 to establish a ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department renewable electricity standard, and for other

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.026 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4566 CONGRESSIONAL RECORD — SENATE June 26, 2019 purposes; to the Committee on Energy and cooperative agreements with, States and Committee on Health, Education, Labor, and Natural Resources. units of local government to develop, imple- Pensions. By Mr. RISCH (for himself, Mr. CRAPO, ment, or expand 1 or more programs to pro- By Mr. YOUNG (for himself, Ms. Mrs. CAPITO, Mr. YOUNG, Ms. vide medication-assisted treatment to indi- DUCKWORTH, and Mr. RISCH): DUCKWORTH, Mr. BOOKER, and Mr. viduals who have opioid use disorder and are S. 1994. A bill to amend the Small Business SCOTT of South Carolina): incarcerated within the jurisdictions of the Investment Act of 1958 to increase the S. 1975. A bill to require the Small Busi- States or units of local government; to the amount that certain banks and savings asso- ness Administration to issue licenses under Committee on the Judiciary. ciations may invest in small business invest- the Small Business Investment Act of 1958 By Mr. WYDEN: ment companies, subject to the approval of within particular time frames, and for other S. 1984. A bill to amend the Magnuson-Ste- the appropriate Federal banking agency and purposes; to the Committee on Small Busi- vens Fishery Conservation and Management for other purposes; to the Committee on ness and Entrepreneurship. Act to provide fisheries disaster relief for Banking, Housing, and Urban Affairs. By Mr. PORTMAN: commercial fishery failures that are due to By Mr. DURBIN (for himself, Mr. S. 1976. A bill to amend the FAST Act to certain duties, and for other purposes; to the BLUMENTHAL, Mrs. FEINSTEIN, and improve the Federal permitting process, and Committee on Commerce, Science, and Mrs. GILLIBRAND): for other purposes; to the Committee on Transportation. S. 1995. A bill to establish the Food Safety Homeland Security and Governmental Af- By Ms. DUCKWORTH (for herself, Ms. Administration to protect the public health fairs. COLLINS, Mr. KING, Mr. MARKEY, Mr. by preventing foodborne illness, ensuring the By Mr. MORAN: SANDERS, and Ms. BALDWIN): safety of food, improving research on con- S. 1977. A bill to approve the Kickapoo S. 1985. A bill to assist communities af- taminants leading to foodborne illness and Tribe Water Rights Settlement Agreement, fected by stranded nuclear waste, and for the chronic health outcomes associated with and for other purposes; to the Committee on other purposes; to the Committee on Envi- foodborne illnesses, improving the surveil- Indian Affairs. ronment and Public Works. lance of foodborne pathogens (including By Mr. WYDEN (for himself, Mr. RUBIO, By Mr. KAINE: foodborne pathogens identified as antibiotic and Mr. WHITEHOUSE): S. 1986. A bill to amend the Fair Housing resistant), and improving security of food S. 1978. A bill to ensure that persons who Act to prohibit discrimination based on from intentional contamination, and for form corporations or limited liability com- source of income, veteran status, or military other purposes; to the Committee on Agri- panies in the United States disclose the ben- status; to the Committee on Banking, Hous- culture, Nutrition, and Forestry. eficial owners of those corporations or lim- ing, and Urban Affairs. By Ms. MCSALLY (for herself, Ms. ited liability companies, in order to prevent By Mr. MERKLEY: SINEMA, Mrs. BLACKBURN, Mr. COR- wrongdoers from exploiting United States S. 1987. A bill to require the Secretary of NYN, and Mr. ALEXANDER): corporations and limited liability companies Health and Human Services to establish ref- S. 1996. A bill to amend the Internal Rev- for criminal gain, to assist law enforcement erence prices for prescription drugs for pur- enue Code of 1986 to clarify the application of in detecting, preventing, and punishing ter- poses of Federal health programs, and for the net operating loss deduction; to the Com- rorism, money laundering, and other mis- other purposes; to the Committee on Health, mittee on Finance. conduct involving United States corpora- Education, Labor, and Pensions. By Mr. WYDEN (for himself and Mr. tions and limited liability companies, and By Mr. CARPER (for himself, Ms. COL- MERKLEY): S. 1997. A bill to authorize transitional for other purposes; to the Committee on LINS, Mr. BROWN, Mr. CARDIN, Mr. sheltering assistance for individuals who live Banking, Housing, and Urban Affairs. COONS, Mr. KING, Mr. MENENDEZ, Mr. in areas with unhealthy air quality caused By Mr. MARKEY (for himself, Mr. REED, Mr. SCHATZ, Ms. WARREN, Mr. by wildfires, and for other purposes; to the WYDEN, Mr. BLUMENTHAL, Ms. WAR- WHITEHOUSE, and Mr. MARKEY): Committee on Homeland Security and Gov- REN, Mr. KING, Ms. SMITH, Ms. KLO- S. 1988. A bill to amend the Internal Rev- ernmental Affairs. BUCHAR, Mr. BROWN, Mrs. FEINSTEIN, enue Code of 1986 to extend the energy credit By Mr. GARDNER (for himself and Mr. and Mr. MERKLEY): for offshore wind facilities; to the Com- S. 1979. A bill to amend title 49, United mittee on Finance. KAINE): S. 1998. A bill to improve the programs for States Code, to provide for the minimum size By Mr. SCOTT of South Carolina (for veterans of the Small Business Administra- of crews of freight trains, and for other pur- himself and Mr. CARDIN): tion, and for other purposes; to the Com- poses; to the Committee on Commerce, S. 1989. A bill to amend title XVIII of the mittee on Small Business and Entrepreneur- Science, and Transportation. Social Security Act to provide for trans- ship. By Ms. BALDWIN (for herself, Mr. parency of Medicare secondary payer report- MARKEY, Ms. CORTEZ MASTO, Mr. ing information, and for other purposes; to f BLUMENTHAL, Mr. MERKLEY, Mr. the Committee on Finance. SUBMISSION OF CONCURRENT AND MURPHY, Mr. DURBIN, Mr. MENENDEZ, By Mr. BLUMENTHAL: SENATE RESOLUTIONS Mr. CARPER, Ms. KLOBUCHAR, Mrs. S. 1990. A bill to amend title 5, United MURRAY, Ms. SMITH, Mrs. FEINSTEIN, States Code, to provide additional authority The following concurrent resolutions Mr. WYDEN, Ms. HIRONO, Ms. HARRIS, to the Office of Special Counsel, and for and Senate resolutions were read, and Mr. BOOKER, Ms. ROSEN, and Mr. other purposes; to the Committee on Home- referred (or acted upon), as indicated: BROWN): land Security and Governmental Affairs. By Mr. ENZI (for himself, Ms. CORTEZ S. 1980. A bill to improve Federal popu- By Mr. SCHATZ (for himself, Mrs. MASTO, Mr. RISCH, Mr. THUNE, Mr. lation surveys by requiring the collection of GILLIBRAND, Ms. BALDWIN, Mr. BEN- TESTER, Mr. MERKLEY, Mr. BAR- voluntary, self-disclosed information on sex- NET, Mr. BROWN, Mr. CARDIN, Mr. RASSO, Mr. CRAPO, Mr. HOEVEN, Mr. ual orientation and gender identity in cer- CARPER, Mr. CASEY, Mr. COONS, Ms. ROUNDS, Mr. BENNET, Mr. UDALL, Mr. tain surveys, and for other purposes; to the DUCKWORTH, Mr. DURBIN, Ms. HARRIS, INHOFE, and Mr. CORNYN): Committee on Homeland Security and Gov- Ms. HIRONO, Ms. KLOBUCHAR, Mr. S. Res. 265. A resolution designating July ernmental Affairs. LEAHY, Mr. MARKEY, Mr. MENENDEZ, 27, 2019, as ‘‘National Day of the American By Ms. CANTWELL (for herself and Mr. MERKLEY, Mr. MURPHY, Mrs. SHA- Cowboy’’; to the Committee on the Judici- Mr. RUBIO): HEEN, Ms. STABENOW, Mr. TESTER, ary. S. 1981. A bill to modify the unconditional Mr. UDALL, Ms. WARREN, Mr. WHITE- By Mr. HAWLEY (for himself and Mr. ownership requirement for women-owned and HOUSE, Mr. WYDEN, Mrs. FEINSTEIN, BLUNT): minority-owned small business concerns for and Mr. PETERS): S. Res. 266. A resolution congratulating the purposes of procurement contracts with the S. 1991. A bill to direct the Secretary of De- St. Louis Blues for winning the 2019 Stanley Small Business Administration, and for fense to review the discharge characteriza- Cup Final; considered and agreed to. other purposes; to the Committee on Small tion of former members of the Armed Forces Business and Entrepreneurship. who were discharged by reason of the sexual f By Mr. SULLIVAN (for himself, Mr. orientation of the member, and for other ADDITIONAL COSPONSORS WHITEHOUSE, Mr. MENENDEZ, Ms. purposes; to the Committee on Armed Serv- S. 239 MURKOWSKI, Mr. PORTMAN, Mr. BOOK- ices. ER, Mr. MURPHY, Mr. CARPER, and Ms. By Mr. BARRASSO (for himself, Mr. At the request of Mrs. SHAHEEN, the COLLINS): CARPER, Mrs. CAPITO, and Mr. name of the Senator from Kansas (Mr. S. 1982. A bill to improve efforts to combat CARDIN): MORAN) was added as a cosponsor of S. marine debris, and for other purposes; to the S. 1992. A bill to amend the FAST Act to 239, a bill to require the Secretary of Committee on Commerce, Science, and repeal a rescission of funds; to the Com- the Treasury to mint coins in recogni- Transportation. mittee on Environment and Public Works. tion of Christa McAuliffe. By Mr. MARKEY (for himself, Ms. By Mr. CRAMER (for himself, Mr. S. 386 MURKOWSKI, Mr. BOOKER, and Ms. DAINES, and Mrs. BLACKBURN): WARREN): S. 1993. A bill to restrict Federal funding At the request of Mr. LEE, the name S. 1983. A bill to authorize the Attorney for health care entities that do not respect of the Senator from Nevada (Ms. COR- General to make grants to, and enter into all human life and patient rights; to the TEZ MASTO) was added as a cosponsor of

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.029 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4567 S. 386, a bill to amend the Immigration Revenue Code of 1986 to increase the U.S. Customs and Border Protection and Nationality Act to eliminate the age requirement with respect to eligi- Office of Field Operations officers and per-country numerical limitation for bility for qualified ABLE programs. support staff and to require reports employment-based immigrants, to in- S. 670 that identify staffing, infrastructure, crease the per-country numerical limi- At the request of Mr. RUBIO, the and equipment needed to enhance secu- tation for family-sponsored immi- name of the Senator from Tennessee rity at ports of entry. grants, and for other purposes. (Mrs. BLACKBURN) was added as a co- S. 1015 S. 436 sponsor of S. 670, a bill to make day- At the request of Mr. BURR, the name At the request of Mr. VAN HOLLEN, light savings time permanent, and for of the Senator from New Hampshire the name of the Senator from Hawaii other purposes. (Ms. HASSAN) was added as a cosponsor (Ms. HIRONO) was added as a cosponsor S. 750 of S. 1015, a bill to require the Director of S. 436, a bill to amend title 49, At the request of Mr. BLUNT, the of the Office of Management and Budg- United States Code, to require the de- names of the Senator from Maine (Ms. et to review and make certain revisions velopment of public transportation op- COLLINS) and the Senator from Oregon to the Standard Occupational Classi- erations safety risk reduction pro- (Mr. MERKLEY) were added as cospon- fication System, and for other pur- grams, and for other purposes. sors of S. 750, a bill to amend the Inter- poses. S. 460 nal Revenue Code of 1986 to perma- S. 1047 At the request of Mr. WARNER, the nently extend the new markets tax At the request of Mr. TESTER, the names of the Senator from New Hamp- credit, and for other purposes. name of the Senator from Michigan shire (Mrs. SHAHEEN) and the Senator S. 762 (Ms. STABENOW) was added as a cospon- from Alaska (Ms. MURKOWSKI) were At the request of Mr. MORAN, the sor of S. 1047, a bill to amend title 38, added as cosponsors of S. 460, a bill to name of the Senator from Idaho (Mr. United States Code, to create a depend- amend the Internal Revenue Code of CRAPO) was added as a cosponsor of S. ency and indemnity compensation al- 1986 to extend the exclusion for em- 762, a bill to provide for funding from lowance for surviving spouses receiving ployer-provided education assistance the Airport and Airway Trust Fund for dependency and indemnity compensa- to employer payments of student loans. all Federal Aviation Administration tion from the Department of Veterans S. 479 activities in the event of a Government Affairs, and for other purposes. At the request of Mr. TOOMEY, the shutdown, and for other purposes. S. 1118 name of the Senator from Colorado S. 775 At the request of Ms. MCSALLY, her (Mr. BENNET) was added as a cosponsor At the request of Mr. SCHATZ, the name was added as a cosponsor of S. of S. 479, a bill to revise section 48 of name of the Senator from California 1118, a bill to amend the title 18, United States Code, and for (Mrs. FEINSTEIN) was added as a co- Servicemembers Civil Relief Act to au- other purposes. sponsor of S. 775, a bill to amend the thorize spouses of servicemembers who S. 509 America COMPETES Act to require incur a catastrophic injury or illness or At the request of Mr. MURPHY, the certain agencies to develop scientific die while in military service to termi- name of the Senator from Hawaii (Mr. integrity policies, and for other pur- nate leases of premises and motor vehi- SCHATZ) was added as a cosponsor of S. poses. cles, and for other purposes. 509, a bill to require the Secretary of S. 803 S. 1255 the Treasury to mint coins in com- At the request of Mr. TOOMEY, the At the request of Mr. SASSE, the memoration of the United States Coast names of the Senator from Alaska (Mr. name of the Senator from Missouri Guard. SULLIVAN), the Senator from Iowa (Ms. (Mr. BLUNT) was added as a cosponsor S. 514 ERNST), the Senator from Alaska (Ms. of S. 1255, a bill to require the Sec- At the request of Mr. TESTER, the MURKOWSKI) and the Senator from retary of Transportation to modify name of the Senator from Delaware Oklahoma (Mr. LANKFORD) were added provisions relating to hours of service (Mr. COONS) was added as a cosponsor as cosponsors of S. 803, a bill to amend requirements with respect to transpor- of S. 514, a bill to amend title 38, the Internal Revenue Code of 1986 to re- tation of livestock and insects, and for United States Code, to improve the store incentives for investments in other purposes. benefits and services provided by the qualified improvement property. S. 1309 Department of Veterans Affairs to S. 867 At the request of Mr. CARDIN, the women veterans, and for other pur- At the request of Ms. HASSAN, the name of the Senator from Delaware poses. name of the Senator from Vermont (Mr. COONS) was added as a cosponsor S. 546 (Mr. LEAHY) was added as a cosponsor of S. 1309, a bill to identify and combat At the request of Mr. GARDNER, the of S. 867, a bill to protect students of corruption in countries, to establish a names of the Senator from Indiana institutions of higher education and tiered system of countries with respect (Mr. YOUNG) and the Senator from the taxpayer investment in institu- to levels of corruption by their govern- Pennsylvania (Mr. TOOMEY) were added tions of higher education by improving ments and their efforts to combat such as cosponsors of S. 546, a bill to extend oversight and accountability of institu- corruption, and to assess United States authorization for the September 11th tions of higher education, particularly assistance to designated countries in Victim Compensation Fund of 2001 for-profit colleges, improving protec- order to advance anti-corruption ef- through fiscal year 2090, and for other tions for students and borrowers, and forts in those countries and better purposes. ensuring the integrity of postsecondary serve United States taxpayers. S. 632 education programs, and for other pur- S. 1359 At the request of Mr. LANKFORD, the poses. At the request of Ms. SMITH, the name of the Senator from Tennessee S. 980 name of the Senator from New Mexico (Mrs. BLACKBURN) was added as a co- At the request of Mr. BURR, the name (Mr. UDALL) was added as a cosponsor sponsor of S. 632, a bill to amend the of the Senator from Arizona (Ms. of S. 1359, a bill to amend the Public Internal Revenue Code of 1986 to repeal SINEMA) was added as a cosponsor of S. Utility Regulatory Policies Act of 1978 the inclusion of certain fringe benefit 980, a bill to amend title 38, United to establish a market-oriented stand- expenses for which a deduction is dis- States Code, to improve the provision ard for clean electric energy genera- allowed in unrelated business taxable of services for homeless veterans, and tion, and for other purposes. income. for other purposes. S. 1416 S. 651 S. 1004 At the request of Mr. BLUMENTHAL, At the request of Mr. CASEY, the At the request of Mr. PETERS, the the name of the Senator from Illinois name of the Senator from Vermont name of the Senator from Maine (Mr. (Mr. DURBIN) was added as a cosponsor (Mr. LEAHY) was added as a cosponsor KING) was added as a cosponsor of S. of S. 1416, a bill to amend the Federal of S. 651, a bill to amend the Internal 1004, a bill to increase the number of Trade Commission Act to prohibit

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.030 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4568 CONGRESSIONAL RECORD — SENATE June 26, 2019 anticompetitive behaviors by drug homa (Mr. LANKFORD) was added as a ISAKSON) was added as a cosponsor of S. product manufacturers, and for other cosponsor of S. 1966, a bill to prohibit Res. 260, a resolution recognizing the purposes. Federal funding to entities that do not importance of sustained United States S. 1531 certify the entities will not perform, or leadership to accelerating global At the request of Mr. CASSIDY, the provide any funding to any other enti- progress against maternal and child name of the Senator from Alabama ty that performs, an abortion. malnutrition and supporting the com- (Mr. JONES) was added as a cosponsor S. CON. RES. 5 mitment of the United States Agency of S. 1531, a bill to amend the Public At the request of Mr. BARRASSO, the for International Development to glob- Health Service Act to provide protec- name of the Senator from Mississippi al nutrition through the Multi-Sec- tions for health insurance consumers (Mrs. HYDE-SMITH) was added as a co- toral Nutrition Strategy. from surprise billing. sponsor of S. Con. Res. 5, a concurrent AMENDMENT NO. 367 S. 1555 resolution supporting the Local Radio At the request of Mr. SCHATZ, the At the request of Mr. CRAPO, the Freedom Act. name of the Senator from Delaware name of the Senator from West Vir- S. CON. RES. 19 (Mr. COONS) was added as a cosponsor ginia (Mrs. CAPITO) was added as a co- At the request of Mr. CORNYN, the of amendment No. 367 intended to be sponsor of S. 1555, a bill to amend title name of the Senator from Rhode Island proposed to S. 1790, an original bill to 10, United States Code, to improve the (Mr. REED) was added as a cosponsor of authorize appropriations for fiscal year Transition Assistance Program for S. Con. Res. 19, a concurrent resolution 2020 for military activities of the De- members of the Armed Forces, and for celebrating the 50th anniversary of the partment of Defense, for military con- other purposes. Apollo 11 Moon landing. struction, and for defense activities of S. RES. 80 S. 1625 the Department of Energy, to prescribe At the request of Mr. WICKER, the At the request of Mr. COONS, the military personnel strengths for such name of the Senator from West Vir- name of the Senator from Arizona (Ms. fiscal year, and for other purposes. C ALLY ginia (Mr. MANCHIN) was added as a co- M S ) was added as a cosponsor of AMENDMENT NO. 385 sponsor of S. 1625, a bill to promote the S. Res. 80, a resolution establishing the At the request of Ms. MCSALLY, her deployment of commercial fifth-gen- John S. McCain III Human Rights name was added as a cosponsor of eration mobile networks and the shar- Commission. amendment No. 385 intended to be pro- ing of information with communica- S. RES. 120 posed to S. 1790, an original bill to au- tions providers in the United States re- At the request of Mr. SCHUMER, his thorize appropriations for fiscal year garding security risks to the networks name was added as a cosponsor of S. 2020 for military activities of the De- of those providers, and for other pur- Res. 120, a resolution opposing efforts partment of Defense, for military con- poses. to delegitimize the State of Israel and struction, and for defense activities of the Global Boycott, Divestment, and S. 1735 the Department of Energy, to prescribe Sanctions Movement targeting Israel. At the request of Mrs. MURRAY, the military personnel strengths for such At the request of Mr. CARDIN, the fiscal year, and for other purposes. name of the Senator from Maryland name of the Senator from Connecticut (Mr. VAN HOLLEN) was added as a co- AMENDMENT NO. 391 (Mr. MURPHY) was added as a cosponsor sponsor of S. 1735, a bill to provide of S. Res. 120, supra. At the request of Mr. JOHNSON, the women with increased access to pre- name of the Senator from Texas (Mr. S. RES. 194 ventive and life-saving cancer screen- CRUZ) was added as a cosponsor of At the request of Mr. GRASSLEY, the ing. name of the Senator from Illinois (Ms. amendment No. 391 intended to be pro- S. 1743 posed to S. 1790, an original bill to au- DUCKWORTH) was added as a cosponsor At the request of Mrs. SHAHEEN, the of S. Res. 194, a resolution designating thorize appropriations for fiscal year name of the Senator from Maine (Ms. July 30, 2019, as ‘‘National Whistle- 2020 for military activities of the De- COLLINS) was added as a cosponsor of S. blower Appreciation Day’’. partment of Defense, for military con- struction, and for defense activities of 1743, a bill to direct the President to S. RES. 198 the Department of Energy, to prescribe develop a plan for the United States to At the request of Mr. DURBIN, the meet its nationally determined con- name of the Senator from New Hamp- military personnel strengths for such fiscal year, and for other purposes. tribution under the Paris Agreement, shire (Mrs. SHAHEEN) was added as a co- and for other purposes. sponsor of S. Res. 198, a resolution con- AMENDMENT NO. 540 S. 1781 demning Brunei’s dramatic human At the request of Mr. SCHATZ, the At the request of Mr. RUBIO, the rights backsliding. name of the Senator from Ohio (Mr. name of the Senator from Connecticut S. RES. 220 BROWN) was added as a cosponsor of (Mr. MURPHY) was added as a cosponsor At the request of Mr. SULLIVAN, the amendment No. 540 intended to be pro- of S. 1781, a bill to authorize appropria- name of the Senator from Massachu- posed to S. 1790, an original bill to au- tions for the Department of State for setts (Ms. WARREN) was added as a co- thorize appropriations for fiscal year fiscal years 2020 through 2022 to provide sponsor of S. Res. 220, a resolution des- 2020 for military activities of the De- assistance to El Salvador, Guatemala, ignating the month of June 2019 as partment of Defense, for military con- and Honduras through bilateral com- ‘‘National Post-Traumatic Stress struction, and for defense activities of pacts to increase protection of women Awareness Month’’ and June 27, 2019, as the Department of Energy, to prescribe and children in their homes and com- ‘‘National Post-Traumatic Stress military personnel strengths for such munities and reduce female homicides, Awareness Day’’. fiscal year, and for other purposes. domestic violence, and sexual assault. S. RES. 252 AMENDMENT NO. 576 S. 1956 At the request of Mrs. FEINSTEIN, the At the request of Mr. UDALL, the At the request of Mr. WYDEN, the names of the Senator from Maryland name of the Senator from Maryland names of the Senator from Colorado (Mr. VAN HOLLEN), the Senator from (Mr. CARDIN) was added as a cosponsor (Mr. BENNET) and the Senator from Rhode Island (Mr. REED) and the Sen- of amendment No. 576 intended to be Washington (Ms. CANTWELL) were ator from Pennsylvania (Mr. CASEY) proposed to S. 1790, an original bill to added as cosponsors of S. 1956, a bill to were added as cosponsors of S. Res. 252, authorize appropriations for fiscal year amend the Internal Revenue Code of a resolution designating September 2020 for military activities of the De- 1986 to repeal the qualified contract ex- 2019 as National Democracy Month as a partment of Defense, for military con- ception to the extended low-income time to reflect on the contributions of struction, and for defense activities of housing commitment rules for purposes the system of government of the the Department of Energy, to prescribe of the low-income housing credit, and United States to a more free and stable military personnel strengths for such for other purposes. world. fiscal year, and for other purposes. S. 1966 S. RES. 260 AMENDMENT NO. 584 At the request of Mrs. BLACKBURN, At the request of Ms. COLLINS, the At the request of Mr. JOHNSON, the the name of the Senator from Okla- name of the Senator from Georgia (Mr. name of the Senator from Texas (Mr.

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One-quarter of them say 2020 for military activities of the De- name of the Senator from Texas (Mr. they or family members have not filled partment of Defense, for military con- CRUZ) was added as a cosponsor of a prescription or have cut pills in half struction, and for defense activities of amendment No. 789 intended to be pro- or have skipped doses because of the the Department of Energy, to prescribe posed to S. 1790, an original bill to au- cost, and those costs just keep going military personnel strengths for such thorize appropriations for fiscal year right on up. fiscal year, and for other purposes. 2020 for military activities of the De- January through June 2018, there AMENDMENT NO. 650 partment of Defense, for military con- were price increases on 4,412 drugs and At the request of Ms. MURKOWSKI, the struction, and for defense activities of decreases on just 46. That is a ratio name of the Senator from North Da- the Department of Energy, to prescribe that approaches 100 to 1. For every 100 kota (Mr. HOEVEN) was added as a co- military personnel strengths for such drugs that go up in price, 1 comes down sponsor of amendment No. 650 intended fiscal year, and for other purposes. a little. We are clearly failing to tackle to be proposed to S. 1790, an original AMENDMENT NO. 859 this problem. bill to authorize appropriations for fis- At the request of Mr. CRUZ, the name I hear it from my constituents back cal year 2020 for military activities of of the Senator from Tennessee (Mrs. in Oregon. Bonnie Davis from Creswell, the Department of Defense, for mili- BLACKBURN) was added as a cosponsor who is a senior citizen on a fixed in- tary construction, and for defense ac- of amendment No. 859 intended to be come and has been diabetic for 30 tivities of the Department of Energy, proposed to S. 1790, an original bill to years, was prescribed two new kinds of to prescribe military personnel authorize appropriations for fiscal year insulin in December: BYDUREON, strengths for such fiscal year, and for 2020 for military activities of the De- which costs $1,927 for a 3-month supply, other purposes. partment of Defense, for military con- and Lantus SoloSTAR, which costs AMENDMENT NO. 694 struction, and for defense activities of $1,952. She will pay more than $5,000 At the request of Mrs. CAPITO, the the Department of Energy, to prescribe out of pocket by the end of the year. In name of the Senator from Vermont military personnel strengths for such 1972, insulin cost just $1.49 per vial. (Mr. SANDERS) was added as a cospon- fiscal year, and for other purposes. What an incredible difference on a product that has been around forever. sor of amendment No. 694 intended to f be proposed to S. 1790, an original bill Her two adult children are living in STATEMENTS ON INTRODUCED to authorize appropriations for fiscal Germany. They thought about coming BILLS AND JOINT RESOLUTIONS year 2020 for military activities of the back to the United States of America Department of Defense, for military By Mr. MERKLEY: but decided not to for one simple rea- construction, and for defense activities S. 1987. A bill to require the Sec- son: the cost of healthcare in the of the Department of Energy, to pre- retary of Health and Human Services United States of America and specifi- scribe military personnel strengths for to establish reference prices for pre- cally the cost of medications. such fiscal year, and for other pur- scription drugs for purposes of Federal I come from Douglas County, a little poses. health programs, and for other pur- timber county in Southern Oregon. Leslie Rogers comes from that county. AMENDMENT NO. 699 poses; to the Committee on Health, Education, Labor, and Pensions. She comes from Roseburg, a town At the request of Mr. BROWN, the Mr. MERKLEY. Mr. President, the where I went to first grade. Leslie name of the Senator from California three most important words of our shared his daughter Gloria’s story at (Ms. HARRIS) was added as a cosponsor Constitution are the first three: ‘‘We one of my townhalls. Gloria suffers of amendment No. 699 intended to be the People.’’ That is what our entire from a rare genetic condition called proposed to S. 1790, an original bill to vision of our form of government is West syndrome. She lives, therefore, in authorize appropriations for fiscal year about. near constant fear of seizures and cys- 2020 for military activities of the De- There was a lot of discussion among tic fibrosis. It is treatable. partment of Defense, for military con- the Founders about how we make sure It is treatable with a drug called struction, and for defense activities of we don’t end up with the equivalent of ACTH. It was invented in the 1950s. the Department of Energy, to prescribe a King here in the United States of Previously, it cost $40 a vial—$40—but military personnel strengths for such America because with a King, you get in 8 years, the cost has grown to fiscal year, and for other purposes. a government by and for the King and $45,000. Yes, you heard that right—from AMENDMENT NO. 702 the King’s circle, the powerful circle at $40 to $45,000. That is more than a thou- At the request of Mr. GRAHAM, the the top, rather than the people. sandfold increase. name of the Senator from North Da- Unfortunately, that vision in Amer- The company that makes the drug kota (Mr. HOEVEN) was added as a co- ica is being challenged—challenged be- bought the rights to and blocked a $200 sponsor of amendment No. 702 intended cause we have a fundamental con- synthetic ACTH treatment used in to be proposed to S. 1790, an original centration of power through dark Canada to prevent it from coming to bill to authorize appropriations for fis- money in campaigns and gerry- the United States. They are making a cal year 2020 for military activities of mandering through voter suppression lot of money by blocking a generic syn- the Department of Defense, for mili- and intimidation. The result is a shred- thetic competitor. tary construction, and for defense ac- ding of the vision of our Constitution. Leslie Rogers says: ‘‘Hospitalization tivities of the Department of Energy, We have a responsibility in the Sen- and treatment drove my family to the to prescribe military personnel ate to fix that, and that is why we edge of bankruptcy, and my daughter strengths for such fiscal year, and for should be considering the For the Peo- was left tube fed and suction dependent other purposes. ple Act that takes on gerrymandering, due to treatment delays fighting with AMENDMENT NO. 773 voter suppression, and dark money. If insurance over the drug price.’’ At the request of Mr. PERDUE, the we want evidence of just exactly how How would you feel if your daughter name of the Senator from Connecticut corrupted the system has become, go or your son were left in a situation of (Mr. BLUMENTHAL) was added as a co- no further than to look at drug compa- being tube fed and suction dependent sponsor of amendment No. 773 intended nies gouging Americans on drug prices. because you couldn’t afford the drug to be proposed to S. 1790, an original Today I am introducing the End because the drug had increased in price bill to authorize appropriations for fis- Price Gouging for Medications Act to 1,000 times? cal year 2020 for military activities of stop the pharmaceutical companies’ The cost of another drug used to the Department of Defense, for mili- greed and give Americans much needed treat the disease, Vigabatrin, has also tary construction, and for defense ac- relief. skyrocketed after makers saw what the tivities of the Department of Energy, The average American spends about first company was able to get away to prescribe military personnel $1,000 per year on medication. That is with. It cost about $1,500 a month 3

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.034 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4570 CONGRESSIONAL RECORD — SENATE June 26, 2019 years ago, and $1,500 is a lot. How much Well, we shouldn’t. That is why I public health by preventing foodborne does it cost today? It costs $26,000 per have introduced the End Price Gouging illness, ensuring the safety of food, im- month. That is roughly a twentyfold for Medications Act. On behalf of the proving research on contaminants lead- increase. people of America, we need to end the ing to foodborne illness and the chronic Leslie Rogers notes: ‘‘This price drug gouging. health outcomes associated with gouging has led to thousands of chil- Now, I do a lot of townhalls. I do one foodborne illnesses, improving the sur- dren since we first spoke to suffer the in every county every year. There are veillance of foodborne pathogens (in- same fate as my daughter—severe 36 counties in Oregon. It is open hour cluding foodborne pathogens identified brain damage, cerebral palsy, reliance for people to ask questions. They are as antibiotic resistant), and improving on tube feedings, and many have died.’’ blue counties, and they are red coun- security of food from intentional con- Let’s be clear. Price gouging in ties. Twenty-two of my 36 are about as tamination, and for other purposes; to America isn’t just about the pocket- red as the reddest counties you will the Committee on Agriculture, Nutri- book; it is about health, and it is about find in America. tion, and Forestry. life or death for many people. I ask the people: How many people Mr. DURBIN. Mr. President, I ask This situation doesn’t exist in other here at this townhall like getting unanimous consent that the text of the countries. The whole entire price re- gouged on drugs? Nobody does. How bill be printed in the RECORD. gime is different. Let’s take, as an ex- many people like paying 2 or 5 or 10 There being no objection, the text of ample, HUMIRA, a common drug for times more than the citizens of other the bill was ordered to be printed in rheumatoid arthritis. Here in the developed countries? No one likes it. the RECORD, as follows: United States, it is about $2,700 per America is united—rural America, S. 1995 dose. In the United Kingdom, it is urban America, blue America, red $1,362. Why does it cost twice that in Be it enacted by the Senate and House of Rep- America, young America, old America. resentatives of the United States of America in the United States of America for this America is united to end this drug Congress assembled, drug, this common drug? Then there is gouging. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. CRESTOR, which is used to treat high So why don’t we act? (a) SHORT TITLE.—This Act may be cited as cholesterol? It is $216 in the United I challenge my colleagues: Come here the ‘‘Safe Food Act of 2019’’. States, and it is $32 in France. Crudely, and work for the people of the United (b) TABLE OF CONTENTS.—The table of con- that is a sevenfold increase in the States of America rather than the drug tents of this Act is as follows: United States over France. Why do we companies’ profits. It is time to stand Sec. 1. Short title; table of contents. pay seven times as much as the people up. Stand up against those companies. Sec. 2. Findings; purposes. in France? There is also HARVONI that This plan is quite simple. It says you Sec. 3. Definitions. is used to treat hepatitis C. It cost can’t sell the drug for more than the TITLE I—ESTABLISHMENT OF FOOD $13,000 in Japan and $30,000 in United median price of what you sell it for in SAFETY ADMINISTRATION States. That is three times as much. Australia, Japan, Canada, and the larg- Sec. 101. Establishment of Food Safety Ad- Why do we pay three times what they est European countries. It is that sim- ministration. Sec. 102. Consolidation of separate food safe- pay in Japan for this drug? There is ple. Median price in those markets. If ty and inspection services and also JANUVIA that is used to treat you want to raise your prices in Amer- agencies. type 2 diabetes. It costs $34 in Aus- ica, you have to raise your prices in Sec. 103. Additional duties of the Adminis- tralia and $331 in the United States of those countries. That way we all get a tration. America—a tenfold increase. Why do fair deal. This would stop the drug TITLE II—ADMINISTRATION OF FOOD we pay 10 times as much as people in gouging of Americans overnight. SAFETY PROGRAM Australia? This is quite simple, but you may ask Sec. 201. Administration of national pro- There is an answer to the question— how is it enforced? How do you make gram. the question of why we pay so much for sure that this happens? Sec. 202. Registration of food facilities. HUMIRA, for CRESTOR, for HARVONI, Well, it is this. The difference be- Sec. 203. Preventive process controls to re- and for JANUVIA. Very simply, other tween the reference price, or the me- duce adulteration of food. governments negotiate the price: If you dian price in those countries, and the Sec. 204. Performance standards for con- taminants in food. want to sell it in our country, we nego- price the drug company sells their Sec. 205. Inspections of food facilities. tiate the price. product at—if they sell it for more Sec. 206. Food production establishments. We don’t. Now, what is the reason than the median price, the penalty is Sec. 207. Federal and State cooperation. why we don’t? Why don’t we pick up five times the difference. If they sell it Sec. 208. Foreign supplier verification pro- and do for Americans what the Govern- for $1,000 more per dose over the me- gram. ment of Australia does for Australians, dian price, the penalty is $5,000. That Sec. 209. Imports. or the Government of the United King- gets people’s attention. Drug compa- Sec. 210. Traceback. Sec. 211. Food safety technology. dom does for its citizens, or the Gov- nies don’t want to be paying massive ernment of France does for their citi- penalties. TITLE III—RESEARCH AND EDUCATION zens? Why don’t we do it for our citi- And where do the fines go? They go Sec. 301. Public health assessment system. zens—the same good work in negoti- to the NIH for drug research and devel- Sec. 302. Public education and advisory sys- ating the price that other governments tem. opment. There is all this myth that we Sec. 303. Research. do? What is wrong with our govern- are not going to invest in drug develop- TITLE IV—ENFORCEMENT ment? What is wrong with this Cham- ment. The basic science is done by NIH, Sec. 401. Prohibited acts. ber? and this would fund NIH. It is corruption. It is the absolute Sec. 402. Mandatory recall authority. Americans have been ripped off. Sec. 403. Injunction proceedings. corruption of money in campaigns. Americans have been gouged, and it is Sec. 404. Civil and criminal penalties. So who are we serving here in this this Chamber that is allowing it to Sec. 405. Presumption. Chamber? Are we serving the people or happen. Who here wants to come and Sec. 406. Whistleblower protection. are we serving the drug companies? say they are for the drug gouging of Sec. 407. Administration and enforcement. That is the question every Member of Americans? Sec. 408. Citizen civil actions. this Chamber should struggle with. Well, I can tell you that America is TITLE V—IMPLEMENTATION In the United States, drug companies not with you if you are supporting the Sec. 501. Definition. set the price, and we don’t negotiate. drug gouging of our citizens. So let’s Sec. 502. Reorganization plan. In fact, the U.S. Government has set a have the courage to carry the fight for Sec. 503. Transitional authorities. law saying the U.S. Government can’t the people, not the powerful. Sec. 504. Savings provisions. negotiate. Why would we do that? Why Sec. 505. Conforming amendments. would we do that to ourselves? Why By Mr. DURBIN (for himself, Mr. Sec. 506. Additional technical and con- forming amendments. would we do that to the people of this BLUMENTHAL, Mrs. FEINSTEIN, Sec. 507. Regulations. country who cannot afford the drugs and Mrs. GILLIBRAND): Sec. 508. Authorization of appropriations. because we make them far more expen- S. 1995. A bill to establish the Food Sec. 509. Limitation on authorization of ap- sive than anywhere else in the world? Safety Administration to protect the propriations.

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SEC. 2. FINDINGS; PURPOSES. (C) lead an integrated, systemwide ap- (10) CONTAMINANT.—The term ‘‘contami- (a) FINDINGS.—Congress finds that— proach to food safety and to make more ef- nant’’ includes biological, chemical, phys- (1) the safety of the food supply of the fective and efficient use of resources to pre- ical, or radiological hazards, natural toxins, United States is vital to the public health, to vent foodborne illness; pesticides, drug residues, decomposition, public confidence in the food supply, and to (D) provide a single focal point for food parasites, allergens, and unapproved food or the success of the food sector of the Nation’s safety leadership, both nationally and inter- color additives. economy; nationally; and (11) CONTAMINATION.—The term ‘‘contami- (2) lapses in the protection of the food sup- (E) provide an integrated food safety re- nation’’ refers to a presence of a contami- ply and loss of public confidence in food safe- search capability, utilizing internally gen- nant in food, which may occur naturally or ty are damaging to consumers and the food erated, scientifically and statistically valid be introduced into a food. industry, and place a burden on interstate studies or other food safety initiatives, in co- (12) FEED FACILITY.—The term ‘‘feed facil- commerce; operation with academic institutions, food ity’’ means a domestic or foreign feed manu- (3) the safety and security of the food sup- safety nonprofit organizations, and other sci- facturer, processor, packer, warehouse, or ply requires an integrated, systemwide ap- entific entities of the Federal and State gov- other facility that— proach to preventing foodborne illness, a ernments, to achieve the continuous im- (A) if operating in the United States, man- thorough and broad-based approach to basic provement of research on foodborne illness ufactures, slaughters, processes, or holds and applied research, and intensive, effec- and contaminants; animal feed or feed ingredients; or tive, and efficient management of the Na- (2) to transfer to the Food Safety Adminis- (B) if operating elsewhere, manufactures, tion’s food safety program; tration the food safety, labeling, inspection, slaughters, processes, or holds animal feed or (4) the task of preserving the safety of the and enforcement functions that, as of the feed ingredients intended for consumption in food supply of the United States faces tre- day before the date of enactment of this Act, the United States. mendous pressures with regard to— are performed by other Federal agencies; and (13) FOOD.— (A) emerging pathogens and other con- (3) to modernize and strengthen the Fed- (A) IN GENERAL.—The term ‘‘food’’ means a taminants and the ability to detect all forms eral food safety laws to achieve more effec- product intended to be used for food or drink of contamination; tive application and efficient management of for a human or an animal. (B) an aging and immune-compromised the laws for the protection and improvement population, with a growing number of people of public health. (B) INCLUSIONS.—The term ‘‘food’’ includes any product (including a meat food product, at high risk for foodborne illnesses, includ- SEC. 3. DEFINITIONS. as defined in section 1(j) of the Federal Meat ing infants and children; In this Act: Inspection Act (21 U.S.C. 601(j))), capable for (C) a concern regarding food fraud for eco- (1) ADMINISTRATION.—The term ‘‘Adminis- use as human and animal food that is made nomic gain, especially with mislabeling and tration’’ means the Food Safety Administra- intentionally misleading claims; tion established under section 101(a)(1). in whole or in part from any animal, includ- ing cattle, sheep, swine, goat, or poultry (as (D) an increasing volume of imported food, (2) ADMINISTRATOR.—The term ‘‘Adminis- without adequate monitoring and inspection; trator’’ means the Administrator of Food defined in section 4 of the Poultry Products and Safety appointed under section 101(a)(3). Inspection Act (21 U.S.C. 453)), and animal feed. (E) maintenance of rigorous inspection of (3) ADULTERATED.— (14) FOOD FACILITY.— the domestic food processing and food serv- (A) IN GENERAL.—The term ‘‘adulterated’’ ice industries; has the meaning given the term in— (A) IN GENERAL.—The term ‘‘food facility’’ (5) Federal food safety standard setting, in- (i) section 402 of the Federal Food, Drug, means a domestic or foreign food manufac- spection, enforcement, and research efforts and Cosmetic Act (21 U.S.C. 342) for food reg- turer, slaughterhouse, processor, packer, should be based on the best available science ulated under such Act; warehouse, or other facility that— and public health considerations and food (ii) section 1(m) of the Federal Meat In- (i) if operating in the United States, manu- safety resources should be systematically de- spection Act (21 U.S.C. 601(m)) for food regu- factures, slaughters, processes, or holds food ployed in ways that most effectively prevent lated under such Act; or food ingredients; or foodborne illness; (iii) section 4(g) of the Poultry Products (ii) if operating outside the United States, (6) the Federal food safety system is frag- Inspection Act (21 U.S.C. 453(g)) for food reg- manufactures, slaughters, processes, or holds mented, with at least 15 Federal agencies ulated under such Act; and food intended for consumption in the United sharing responsibility for food safety, and (iv) section 4(a) of the Egg Products In- States. operates under laws that do not reflect cur- spection Act (21 U.S.C. 1033(a)) for food regu- (B) EXCLUSIONS.—For the purposes of reg- rent conditions in the food system or current lated under such Act. istration, the term ‘‘food facility’’ does not scientific knowledge about the cause and (B) INCLUSION.—In applying the definitions include— prevention of foodborne illness; cited in subparagraph (A), poisonous or dele- (i) a farm, restaurant, other retail food es- (7) the fragmented Federal food safety sys- terious substances in food shall be treated as tablishment, nonprofit food establishment in tem and outdated laws preclude an inte- an added substance if the poisonous or dele- which food is prepared for or served directly grated, systemwide approach to preventing terious substances are known to cause seri- to the consumer; or foodborne illness, to the effective and effi- ous illness or death in persons, including in (ii) a fishing vessel (other than a fishing cient operation of the Nation’s food safety sensitive populations. vessel engaged in processing, as that term is program, and to the most beneficial deploy- (4) AGENCY.—The term ‘‘agency’’ has the defined in section 123.3(k) of title 21, Code of ment of food safety resources; meaning given the term in section 551 of Federal Regulations). (8) the National Academy of Sciences rec- title 5, United States Code. (15) FOOD PRODUCTION ESTABLISHMENT.—The ommended in the report ‘‘Ensuring Safe (5) CATEGORY 1 FOOD FACILITY.—The term term ‘‘food production establishment’’ Food from Production to Consumption’’ that ‘‘category 1 food facility’’ means a facility means any farm, ranch, orchard, vineyard, Congress establish by statute a unified and that slaughters animals for food. aquaculture facility, or confined animal- central framework for managing Federal (6) CATEGORY 2 FOOD FACILITY.—The term feeding operation. food safety programs, and recommended ‘‘category 2 food facility’’ means a facility (16) FOOD SAFETY LAW.—The term ‘‘food modifying Federal statutes so that inspec- that processes— safety law’’ means— tion, enforcement, and research efforts are (A) raw meat, poultry, or seafood in a man- (A) the provisions of the Federal Food, based on scientifically supportable assess- ner that may reduce but is not validated to Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) ments of risks to public health; and destroy contaminants; or related to and requiring the safety, labeling, (9) the lack of a single focal point for food (B) other products that the Administrator and inspection of food, infant formulas, food safety leadership in the United States under- determines by regulation to be at high risk additives, pesticide residues, and other sub- cuts the ability of the United States to exert of contamination. stances present in food under that Act; food safety leadership internationally, which (7) CATEGORY 3 FOOD FACILITY.—The term (B) the provisions of the Federal Food, is detrimental to the public health and the ‘‘category 3 food facility’’ means a facility— Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) international trade interests of the United (A) that processes meat, poultry, or sea- and of any other Act that are administered States. food, or other products that the Adminis- by the Center for Veterinary Medicine of the (b) PURPOSES.—The purposes of this Act trator determines by regulation to be at high Food and Drug Administration; are— risk of contamination; and (C) the Poultry Products Inspection Act (21 (1) to establish a single agency to be (B) whose processes include one or more U.S.C. 451 et seq.); known as the ‘‘Food Safety Administration’’ steps validated to destroy contaminants. (D) the Federal Meat Inspection Act (21 to— (8) CATEGORY 4 FOOD FACILITY.—The term U.S.C. 601 et seq.); (A) regulate food safety and related label- ‘‘category 4 food facility’’ means a facility (E) the FDA Food Safety Modernization ing to strengthen the protection of the pub- that processes food but is not a category 1, 2, Act (Public Law 111–353; 124 Stat. 3885); lic health; or 3 food facility. (F) the Egg Products Inspection Act (21 (B) ensure that food facilities fulfill their (9) CATEGORY 5 FOOD FACILITY.—The term U.S.C. 1031 et seq.); responsibility to produce food in a manner ‘‘category 5 food facility’’ means a facility (G) chapter 57 of title 49, United States that protects the public health of all people that stores, holds, or transports food prior to Code (formerly known as the ‘‘Sanitary Food in the United States; delivery for retail sale. Transportation Act of 1990’’);

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4572 CONGRESSIONAL RECORD — SENATE June 26, 2019 (H) Public Law 85–765 (commonly known as resources to achieve the greatest benefit in necessary to perform the duties of the Ad- the ‘‘Humane Methods of Slaughter Act of reducing foodborne illness; ministrator. 1958’’) (7 U.S.C. 1901 et seq.); (E) coordination of the Federal response to (d) ADVISORY COMMITTEES.— (I) this Act; and foodborne illness outbreaks with other Fed- (1) IN GENERAL.—The Administrator shall (J) such other provisions of law related to eral and State agencies; and establish advisory committees that consist and requiring food safety, labeling, inspec- (F) integration of Federal food safety ac- of representatives of scientific expert bodies, tion, and enforcement as the President des- tivities with State and local agencies. academics, industry specialists, and con- ignates by Executive order as appropriate to SEC. 102. CONSOLIDATION OF SEPARATE FOOD sumers. include within the jurisdiction of the Admin- SAFETY AND INSPECTION SERVICES (2) DUTIES.—The duties of an advisory com- istration. AND AGENCIES. mittee established under paragraph (1) may (17) INTERSTATE COMMERCE.—The term (a) TRANSFER OF FUNCTIONS.—For each include developing recommendations with ‘‘interstate commerce’’ has the meaning Federal agency specified in subsection (b), respect to the development of regulatory given the term in section 201(b) of the Fed- there are transferred to the Administration science and processes, research, communica- eral Food, Drug, and Cosmetic Act (21 U.S.C. all functions that the head of the Federal tions, performance standards, and inspec- 321(b)). agency exercised on the day before the date tion. of enactment of this Act (including all re- (18) MISBRANDED.—The term ‘‘misbranded’’ TITLE II—ADMINISTRATION OF FOOD lated functions of any officer or employee of has the meaning given the term in— SAFETY PROGRAM (A) section 403 of the Federal Food, Drug, the Federal agency) that relate to adminis- and Cosmetic Act (21 U.S.C. 343) for food reg- tration or enforcement of the food safety SEC. 201. ADMINISTRATION OF NATIONAL PRO- GRAM. ulated under such Act; law, as determined by the President. (B) section 1(n) of the Federal Meat Inspec- (b) TRANSFERRED AGENCIES.—The Federal (a) IN GENERAL.—The Administrator tion Act (21 U.S.C. 601(n)) for food regulated agencies referred to in subsection (a) are— shall— under such Act; (1) the Food Safety and Inspection Service (1) administer a national food safety pro- (C) section 4(h) of the Poultry Products In- of the Department of Agriculture; gram (referred to in this section as the ‘‘pro- spection Act (21 U.S.C. 453(h)) for food regu- (2) the Center for Food Safety and Applied gram’’) to protect public health; and lated under such Act; and Nutrition of the Food and Drug Administra- (2) ensure that persons who produce or (D) section 4(l) of the Egg Products Inspec- tion; process food meet their responsibility to pre- tion Act (21 U.S.C. 1033(l)) for food regulated (3) the part of the Agriculture Marketing vent or minimize food safety hazards related under such Act. Service that administers shell egg surveil- to their products. (19) PROCESS.—The term ‘‘process’’ or lance services established under the Egg (b) COMPREHENSIVE ANALYSIS.—The pro- ‘‘processing’’ means the commercial slaugh- Products Inspection Act (21 U.S.C. 1031 et gram shall be based on a comprehensive ter, packing, preparation, or manufacture of seq.); analysis of the hazards associated with dif- food. (4) the resources and facilities of the Office ferent food and with the processing of dif- (20) SAFE.—The term ‘‘safe’’ refers to of Regulatory Affairs of the Food and Drug ferent food, including the identification and human and animal health. Administration that administer and conduct evaluation of— (21) STATE.—The term ‘‘State’’ means— inspections of food and feed facilities and im- (1) the severity of the health risks; (A) a State; ports; (2) the sources and specific points of poten- (B) the District of Columbia; (5) the Center for Veterinary Medicine of tial contamination extending from the farm (C) the Commonwealth of Puerto Rico; and the Food and Drug Administration; or ranch to the consumer that may render (D) any other territory or possession of the (6) the Office of Food Policy and Response food unsafe; United States. of the Food and Drug Administration; (3) the potential for persistence, mul- (22) VALIDATION.—The term ‘‘validation’’ (7) the part of the Research, Education, tiplication, or concentration of naturally oc- means the act of obtaining evidence that the and Economics mission area of the Depart- curring or added contaminants in food; process control measure or measures se- ment of Agriculture related to food and feed (4) opportunities across the food produc- lected to control a contaminant in food is ca- safety; tion, processing, distribution, and retail sys- pable of effectively and consistently control- (8) the part of the National Marine Fish- tem to manage and reduce potential health ling the contaminant. eries Service of the National Oceanic and At- risks; and (23) STATISTICALLY VALID.—The term ‘‘sta- mospheric Administration of the Depart- (5) opportunities for intentional contami- tistically valid’’ means evaluated and con- ment of Commerce that administers the sea- nation. ducted under standards set by the National food inspection program; (c) PROGRAM ELEMENTS.—In carrying out Institute of Standards and Technology. (9) the part of the Animal and Plant In- the program, the Administrator shall— TITLE I—ESTABLISHMENT OF FOOD spection Health Service of the Department of (1) adopt and implement a national system SAFETY ADMINISTRATION Agriculture related to the management of for the registration of food facilities and reg- ular unannounced inspection of food facili- SEC. 101. ESTABLISHMENT OF FOOD SAFETY AD- animals going into the food supply; and MINISTRATION. (10) such other offices, services, or agencies ties; (a) ESTABLISHMENT.— as the President designates by Executive (2) verify and enforce the adoption of pre- (1) IN GENERAL.—There is established in the order to carry out this Act. ventive process controls in food facilities, Executive branch an agency to be known as SEC. 103. ADDITIONAL DUTIES OF THE ADMINIS- based on the best available scientific and the ‘‘Food Safety Administration’’. TRATION. public health considerations and best avail- (2) STATUS.—The Administration shall be (a) OFFICERS AND EMPLOYEES.—The Admin- able technologies; an independent establishment (as defined in istrator may— (3) establish and enforce science-based section 104 of title 5, United States Code). (1) appoint officers and employees for the standards for— (3) HEAD OF ADMINISTRATION.—The Admin- Administration in accordance with the pro- (A) substances that may contaminate food; istration shall be headed by the Adminis- visions of title 5, United States Code, relat- and trator of Food Safety, who shall be ap- ing to appointment in the competitive serv- (B) safety and sanitation in the processing pointed by the President, by and with the ad- ice; and and handling of food; vice and consent of the Senate. (2) fix the compensation of those officers (4) implement a statistically valid sam- (b) DUTIES OF ADMINISTRATOR.—The Ad- and employees in accordance with chapter 51 pling program to ensure that industry pro- ministrator shall— and with subchapter III of chapter 53 of that grams and procedures that prevent food con- (1) administer and enforce the food safety title, relating to classification and General tamination are effective on an ongoing basis law; Schedule pay rates. and that food meets the performance stand- (2) serve as a representative to inter- (b) EXPERTS AND CONSULTANTS.—The Ad- ards established under this Act; national food safety bodies and discussions; ministrator may— (5) implement procedures and requirements (3) promulgate regulations to ensure the (1) procure the services of temporary or to ensure the safety and security of imported security of the food supply from all forms of intermittent experts and consultants as au- food; contamination, including intentional con- thorized by section 3109 of title 5, United (6) coordinate with other agencies and tamination; and States Code; and State or local governments in carrying out (4) oversee— (2) pay in connection with those services inspection, enforcement, research, and moni- (A) implementation of Federal food safety the travel expenses of the experts and con- toring; inspection, labeling, enforcement, and re- sultants, including transportation and per (7) access the surveillance data of the Cen- search efforts to protect the public health; diem in lieu of subsistence while away from ters for Disease Control and Prevention, and (B) development of consistent and science- the homes or regular places of business of other Federal Government agencies, in order based standards for safe food; the individuals, as authorized by section 5703 to develop and implement a national surveil- (C) coordination and prioritization of food of that title. lance system to assess the health risks asso- safety research and education programs with (c) BUREAUS, OFFICES, AND DIVISIONS.—The ciated with the human consumption of food other Federal agencies; Administrator may establish within the Ad- or to create surveillance data and studies to (D) prioritization of Federal food safety ef- ministration such bureaus, offices, and divi- mitigate food threats (such as antibiotic re- forts and deployment of Federal food safety sions as the Administrator determines are sistance) or to identify the ways that food

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(12) coordinate and prioritize food safety quency and in a manner sufficient to ensure (b) FACILITY CATEGORIES AND INSPECTION research and educational programs with that process controls are effective on an on- FREQUENCIES.—Inspections of food facilities other agencies, including State or local going basis and that performance standards under this Act shall be based on the fol- agencies. are being met; and lowing categories and inspection frequencies, SEC. 202. REGISTRATION OF FOOD FACILITIES. (7) provide for agency access to records subject to subsections (c), (d), and (e): kept by food facilities and submission of cop- (a) IN GENERAL.—The Administrator shall (1) CATEGORY 1 FOOD FACILITIES.—A cat- ies of the records to the Administrator, as require that all food and feed facilities reg- egory 1 food facility shall be subject to ante- the Administrator determines appropriate. ister before the facility can operate in the mortem, postmortem, and continuous in- (b) PROCESSING CONTROLS.—The Adminis- spection of each slaughter line during all op- United States or import food, feed, or ingre- trator may require any person with responsi- erating hours, and other inspection on a dients into the United States. bility for or control over food or food ingre- daily basis, sufficient to verify that— (b) REGISTRATION REQUIREMENTS.— dients to adopt process controls, if the proc- (A) diseased animals are not offered for (1) IN GENERAL.—To be registered under ess controls are needed to ensure the protec- subsection (a)— tion of the public health. slaughter; (A) all food facilities covered under this (B) the food facility has successfully iden- SEC. 204. PERFORMANCE STANDARDS FOR CON- Act shall comply with registration require- TAMINANTS IN FOOD. tified and removed from the slaughter line ments in section 415 of the Federal Food, (a) PERFORMANCE STANDARDS.—Whenever visibly defective or contaminated carcasses, Drug, and Cosmetic Act (21 U.S.C. 350d); the Administrator determines that a has avoided cross-contamination, and has de- (B) for food facilities that have not reg- foodborne contaminant presents the risk of stroyed or reprocessed contaminated car- istered under such section 415 prior to the serious adverse health consequences or death casses in a manner acceptable to the Admin- date of enactment of this Act, the require- to consumers, causes food to be adulterated, istrator; and ment in subparagraph (A) applies beginning or could promote the spread of commu- (C) applicable performance standards and on the day that is 180 days after the date of nicable disease described in section 361 of the other provisions of the food safety law, in- enactment of this Act; and Public Health Service Act (42 U.S.C. 264), the cluding those intended to eliminate or re- (C) for food facilities that have registered Administrator shall issue a performance duce pathogens, have been satisfied. under such section 415 prior to the date of standard (in the form of guidance, action lev- (2) CATEGORY 2 FOOD FACILITIES.—A cat- enactment of this Act, such facilities shall els, or regulations) to prevent or control the egory 2 food facility shall be randomly in- file an amended registration within 180 days contaminant. spected at least daily. of such date of enactment to deliver the in- (b) ENFORCEMENT.— (3) CATEGORY 3 FOOD FACILITIES.—A cat- formation required by paragraph (2). (1) IN GENERAL.—Not later than 1 year after egory 3 food facility shall— (2) CATEGORIES.—In addition to the infor- the promulgation of a performance standard (A) provide documentation to the Adminis- mation required under section 415 of the Fed- under this section, the Administrator shall trator on request that ongoing verification eral Food, Drug, and Cosmetic Act (21 U.S.C. implement a statistically significant sam- shows that its processes are controlled; and 350d) to be included in registration, a food fa- pling program to determine whether food fa- (B) be randomly inspected at least month- cility shall— cilities are complying with the standards ly. (A) list the facility’s primary purpose and promulgated under this section. (4) CATEGORY 4 FOOD FACILITIES.—A cat- business activity, including the dates of op- (2) ACTIONS.—If the Administrator deter- egory 4 food facility shall be randomly in- eration if the food facility is operating sea- mines that a food facility fails to meet a spected at least quarterly. sonally; and standard promulgated under this section, (5) CATEGORY 5 FOOD FACILITIES.—A cat- (B) list the types of food handled at the fa- and such facility fails to take appropriate egory 5 food facility shall be randomly in- cility and identify the activities conducted corrective action as determined by the Ad- spected at least annually. in the facility, that are relevant to deter- ministrator, the Administrator shall, as ap- (c) ESTABLISHMENT OF INSPECTION PROCE- mining whether the facility is a category 1, propriate— DURES.—The Administrator shall establish 2, 3, 4, or 5 facility. (A) detain, seize, or condemn food from the procedures under which inspectors or safety (3) PROCEDURE.—Upon receipt of a com- food facility under section 209(i); officers inspect food facilities, which shall pleted or amended registration described in (B) order a recall of food from the food fa- allow the taking of random samples, photo- paragraph (1), the Administrator shall notify cility under section 402; graphs, and copies of records in food facili- the registrant of the receipt of the registra- (C) increase the inspection frequency for ties. the food facility; tion, review the activities identified in the (d) ALTERNATIVE INSPECTION FRE- (D) withdraw the mark of inspection from registration, designate the facility as a cat- QUENCIES.— the food facility, if in use; or egory 1, 2, 3, 4, or 5 food facility for the pur- (1) IN GENERAL.—With respect to a category (E) take other appropriate enforcement ac- poses of inspection, and assign a registration 2, 3, 4, or 5 food facility, to foster a risk- tion concerning the food facility, including number to each food facility. based allocation of resources, the Adminis- suspension of registration. (4) LIST.—The Administrator— trator may establish, in accordance with this (c) NEWLY IDENTIFIED CONTAMINANTS.—Not- (A) shall compile and maintain an up-to- withstanding any other provision of this sec- subsection, alternative increased or de- date list of food facilities that are registered tion, the Administrator shall promulgate in- creased inspection frequencies for— under this section, in accordance with sec- terim performance standards for newly iden- (A) 1 or more subcategories of food facili- tion 415(a)(5) of the Federal Food, Drug, and tified contaminants as necessary to protect ties under paragraph (2); and Cosmetic Act (21 U.S.C. 350d(a)(5)); and the public health. (B) 1 or more specific food facilities under (B) may establish regulations on how the (d) REVOCATION BY ADMINISTRATOR.—All paragraph (3). list may be shared with other governmental performance standards, tolerances, action (2) DETERMINATION OF SUBCATEGORIES AND authorities. levels, or other similar standards with re- FREQUENCIES.— SEC. 203. PREVENTIVE PROCESS CONTROLS TO spect to food in effect on the date of enact- (A) IN GENERAL.—The Administrator shall REDUCE ADULTERATION OF FOOD. ment of this Act shall remain in effect until define, by regulation, each subcategory of (a) IN GENERAL.—The Administrator shall revised or revoked by the Administrator. food facilities established under paragraph review existing regulations on hazard anal- SEC. 205. INSPECTIONS OF FOOD FACILITIES. (1)(A) and the alternative inspection fre- ysis and process controls and amend existing (a) IN GENERAL.—The Administrator shall quency of that subcategory. regulations as appropriate, upon the basis of establish an inspection program, which shall (B) CONSIDERATIONS.—In defining a sub- best available public health, scientific, and include sampling and testing of food and food category of food facilities and the alter- technological information, to ensure that facilities, to determine if each food facility— native inspection frequency of that sub- those regulations are working effectively (1) is operating in a sanitary manner; category under subparagraph (A), the Ad- to— (2) has continuous systems, interventions, ministrator shall consider— (1) ensure food facilities operate in a sani- and processes in place to minimize or elimi- (i) the nature of the foods being processed, tary manner so that food is not adulterated; nate contaminants in food; stored, or transported;

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(ii) the manner in which foods are proc- (1) IN GENERAL.— (2) MAINTENANCE OF RECORDS.—The records essed, stored, or transported; (A) ESTABLISHMENT.—Before the comple- required by paragraph (1) shall be main- (iii) the inherent likelihood that the foods tion of the transition process under sub- tained for a reasonable period of time, as de- will contribute to the risk of foodborne ill- section (e), the Administrator shall by regu- termined by the Administrator. ness; lation establish an official mark that can be (3) REQUIREMENTS.—The records required (iv) the best available evidence concerning affixed to a food produced in a category 1, 2, by paragraph (1) shall include records de- reported illnesses associated with the foods or 3 food facility if— scribing— produced in the proposed subcategory of fa- (i) the facility is in compliance with the (A) the origin, receipt, delivery, sale, cilities; and food safety law; and movement, holding, and disposition of food (v) the overall record of compliance with (ii) has been inspected in accordance with or ingredients; the food safety law among facilities in the the inspection frequencies under this sec- (B) the identity and quantity of ingredi- proposed subcategory, including compliance tion. ents used in the food; with applicable performance standards and (B) REMOVAL OF OFFICIAL MARK.—The Ad- (C) the processing of the food; the frequency of recalls. ministrator shall promulgate regulations (D) the results of laboratory, sanitation, or (3) SPECIFIC FACILITIES.— that provide for the removal of the official other tests performed on the food or in the (A) IN GENERAL.—The Administrator— mark under this subsection if— food facility; (i) may establish an alternative inspection (i) the Administrator makes a finding that (E) consumer complaints concerning the frequency for increased or decreased inspec- the facility is not in compliance with the food or packaging of the food; tion for a specific food facility; and food safety law; or (F) the production codes, open date codes, (ii) shall annually publish a list of food fa- (ii) the Administrator suspends the reg- and locations of food production; and cilities subject to alternative inspection fre- istration of the facility. (G) other matters reasonably related to quencies under clause (i). (2) CATEGORY 1, 2, OR 3 FOOD FACILITIES.—In whether food is unsafe, is adulterated or mis- (B) CONSIDERATIONS.—In establishing an al- the case of products manufactured, slaugh- branded, or otherwise fails to meet the re- ternative inspection frequency for a specific tered, processed, or held in a category 1, 2, or quirements of this Act. food facility, the Administrator shall con- 3 food facility— (h) PROTECTION OF SENSITIVE INFORMA- sider— (A) products subject to the Federal Meat TION.— (i) the supporting evidence that the spe- Inspection Act (21 U.S.C. 601 et seq.), the (1) IN GENERAL.—The Administrator shall cific food facility shall submit to the Admin- Poultry Products Inspection Act (21 U.S.C. develop and maintain procedures to prevent istrator relating to whether an alternative 451 et seq.), the Egg Products Inspection Act the unauthorized disclosure of any trade se- inspection frequency should be established (21 U.S.C. 1031 et seq.), and the Federal Food, cret or confidential information obtained by for that facility by the Administrator; Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) the Administrator. (ii) whether products from the specific food as of the date of enactment of this Act shall (2) LIMITATION.—The requirement under facility have been associated with a case or remain subject to the requirement under this subsection does not— an outbreak of foodborne illness; those Acts that they bear the mark of in- (A) limit the authority of the Adminis- (iii) the record of the facility of compli- spection pending completion of the transi- trator to inspect or copy records or to re- ance with the food safety law, including tion process under subsection (e); quire the facility or maintenance of records compliance with applicable performance (B) the Administrator shall publicly cer- under this Act; standards and the frequency of recalls; and tify on a monthly basis that the inspection (B) have any legal effect on section 1905 of (iv) the considerations described in clauses frequencies required under this section have title 18, United States Code; (i) through (iii) of paragraph (2)(B). been achieved; and (C) extend to any food recipe, financial (4) FREQUENCY REQUIREMENTS FOR CAT- (C) a product from a facility that has not data, pricing data, personnel data, or sales EGORIES 2, 3, AND 4.—An alternative inspec- been inspected in accordance with the re- data (other than shipment dates relating to tion frequency for a subcategory of food fa- quired frequencies under this section shall sales); cilities or a specific food facility under this not bear the official mark and shall not be (D) limit the public disclosure of distribu- subsection shall be— shipped in interstate commerce. tion records or other records related to food (A) in the case of a category 2 food facility, (3) CATEGORY 4 AND 5 FOOD FACILITIES.—In subject to a voluntary or mandatory recall not less frequently than monthly; and the case of a product manufactured, slaugh- under section 402; or (B) in the case of a category 3 or 4 food fa- tered, processed, or held in a category 4 or 5 (E) limit the authority of the Adminis- cility, not less frequently than annually. food facility, the Administrator shall pro- trator to promulgate regulations to permit (5) REQUIREMENTS FOR DECREASED FRE- vide by regulation for the voluntary use of the sharing of data with other governmental QUENCIES.—Before issuing a regulation or the official mark established under para- authorities. order establishing a decreased alternative in- graph (1), subject to— (i) BRIBERY OF OR GIFTS TO INSPECTOR OR spection frequency for a subcategory of food (A) such minimum inspection frequencies OTHER OFFICERS AND ACCEPTANCE OF GIFTS.— facilities or an individual food facility under as determined appropriate by the Adminis- Section 22 of the Federal Meat Inspection this subsection, the Administrator shall— trator; Act (21 U.S.C. 622) shall apply under this Act. (A) describe, in general terms, the alter- (B) compliance with applicable perform- SEC. 206. FOOD PRODUCTION ESTABLISHMENTS. native uses of resources of the Administra- ance standards and other provisions of the In carrying out the duties of the Adminis- tion that would have been required to carry food safety law; and trator and the purposes of this Act, the Ad- out the inspection activity; and (C) such other requirements as the Admin- ministrator shall have the authority, with (B) determine, based on the best available istrator considers appropriate. respect to food production establishments, evidence, that the alternative uses of the re- (g) MAINTENANCE AND INSPECTION OF to— sources would make a greater contribution RECORDS.— (1) visit and inspect food production estab- to protecting the public health and reducing (1) IN GENERAL.— lishments in the United States and in foreign the risk of foodborne illness. (A) RECORDS.—A food facility shall— countries for food safety purposes; (e) INSPECTION TRANSITION.—The Adminis- (i) maintain such records as the Adminis- (2) review food safety records as needed to trator shall manage the transition to the in- trator requires by regulation, including all carry out traceback and for other food safety spection system described in this Act as fol- records relating to the processing, distrib- purposes; lows: uting, receipt, or importation of any food; (3) set good practice standards to protect (1) REGULATIONS.—The Administrator shall and the public and promote food safety; promulgate regulations to implement this (ii) permit the Administrator, in addition (4) partner with appropriate agencies to section no later than 24 months after the to any authority of the food safety agencies monitor animals, plants, products, or the en- date of enactment of this Act. in effect on the day before the date of enact- vironment, as appropriate; and (2) LIMIT ON REDUCTION IN INSPECTION FRE- ment of this Act, upon presentation of appro- (5) collect and maintain information rel- QUENCY.—For any food facility, the Adminis- priate credentials and at reasonable times evant to public health and farm practices. trator shall not reduce the inspection fre- and in a reasonable manner, to have access SEC. 207. FEDERAL AND STATE COOPERATION. quency from the frequency required pursuant to and copy all records maintained by or on (a) IN GENERAL.—The Administrator shall to the Federal Meat Inspection Act (21 U.S.C. behalf of such food facility representative in work with the States to carry out activities 601 et seq.), the Poultry Products Inspection any format (including paper or electronic) and programs that create a national food Act (21 U.S.C. 451 et seq.), and the Federal and at any location, that are necessary to safety program so that Federal and State Food, Drug, and Cosmetic Act (21 U.S.C. 301 assist the Administrator to determine programs function in a coordinated and cost- et seq.) until the food facility has dem- whether the food is contaminated or not in effective manner. onstrated that sufficient changes in facili- compliance with the food safety law. (b) STATE ACTION.—The Administrator ties, procedures, personnel, or other aspects (B) REQUIRED DISCLOSURE.—A food facility shall work with States to— of the process control system have been shall have an affirmative obligation to dis- (1) continue, strengthen, or establish State made such that the Administrator deter- close to the Administrator the results of food safety programs, especially with respect mines that compliance with the food safety testing or sampling of food, equipment, or to the regulation of retail commercial food law is achieved. material in contact with food that is positive establishments, transportation, harvesting, (f) OFFICIAL MARK.— for any contaminant. and fresh markets;

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4575 (2) continue, strengthen, or establish in- which a foreign government seeking to cer- SEC. 210. TRACEBACK. spection programs and requirements to en- tify food for importation into the United (a) IN GENERAL.—The Administrator, in sure that food under the jurisdiction of the States shall submit a request for accredita- order to protect the public health, shall es- State is safe; and tion to the Administrator. tablish requirements for a national system (3) support recall authorities at the State (b) ACCREDITATION STANDARD.—A foreign for tracing food, animals, or ingredients and local levels. government requesting to be accredited to from point of origin to retail sale, subject to (c) ASSISTANCE.—To assist in planning, de- certify food for importation into the United subsection (b). veloping, and implementing a food safety States shall demonstrate, in a manner deter- (b) APPLICABILITY.—Traceability require- program, the Administrator may provide to mined appropriate by the Administrator, ments shall— a State— that the foreign government (or an agency (1) be established in accordance with regu- (1) advisory assistance; thereof) is capable of adequately ensuring lations and guidelines issued by the Adminis- (2) technical and laboratory assistance and that eligible entities or foods certified by trator; and training (including necessary materials and such government (or agency) meet the re- (2) apply to food production establishments equipment); and quirements of the food safety law. and food facilities. (3) financial assistance, in kind assistance, (c) REQUEST BY FOREIGN GOVERNMENT.— SEC. 211. FOOD SAFETY TECHNOLOGY. and other aid. Prior to granting accreditation to a foreign (a) IN GENERAL.—The Administrator shall (d) SERVICE AGREEMENTS.— government under this section, the Adminis- establish and implement a program, to be (1) IN GENERAL.—The Administrator may, trator shall review and audit the food safety known as the Food Safety Technology Pro- under agreements entered into with Federal, program of the requesting foreign govern- gram, to foster innovation in food tech- State, or local agencies, use on a reimburs- ment and certify that such program (includ- nologies and foods that have the potential to able basis or otherwise the personnel and ing all statutes, regulations, and inspection improve food safety at the point of produc- services of those agencies in carrying out authority) meets the standard specified in tion, processing, transport, storage, or final this Act. subsection (b). preparation. (2) TRAINING.—Agreements with a State (d) LIMITATIONS.—Any accreditation of a (b) PROGRAM DESCRIBED.—The program under this subsection may provide for train- foreign government under this section under this section shall consist of technical ing of State employees. shall— guidance to and consultation with tech- (3) MAINTENANCE OF AGREEMENTS.—The Ad- (1) specify the foods covered by the accred- nology developers to assist them in meeting ministrator shall maintain any agreement itation; and requirements for approval of technologies that is in effect on the day before the date of (2) be limited to a period not to exceed 5 and products described in subsection (a). enactment of this Act until the Adminis- years. TITLE III—RESEARCH AND EDUCATION trator evaluates such agreement and deter- (e) WITHDRAWAL OF ACCREDITATION.—The SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. mines whether to maintain or substitute Administrator may withdraw accreditation (a) IN GENERAL.—The Administrator, act- such agreement. fully or partially from a foreign government ing in coordination with the Director of the (e) AUDITS.— if the Administrator finds that— Centers for Disease Control and Prevention (1) IN GENERAL.—The Administrator shall (1) food covered by the accreditation is and the Deputy Under Secretary of Agri- annually conduct a comprehensive review of linked to an outbreak of human illness; culture for Research, Education, and Eco- each State program that provides services to (2) the programs or procedures of the for- nomics, shall— the Administrator in carrying out the re- eign government no longer meet the stand- (1) have access to the applicable data sys- sponsibilities under this Act, including man- ards of the food safety programs and proce- tems of the Centers for Disease Control and dated inspections under section 205. dures of the United States; or Prevention and to the databases made avail- (2) REQUIREMENTS.—The review shall— (3) the foreign government refuses to allow able by a State; (A) include a determination of the effec- United States officials to conduct such au- (2) partner with relevant agencies to main- tiveness of the State program; and dits and investigations as may be necessary tain or access an active surveillance system (B) identify any changes necessary to en- to fulfill the requirements under this sec- of food and epidemiological evidence sub- sure enforcement of Federal requirements tion. mitted by States to the Centers for Disease under this Act. (f) RENEWAL OF ACCREDITATION.—The Ad- Control and Prevention based on a represent- (f) NO FEDERAL PREEMPTION.—Nothing in ministrator shall audit foreign governments ative proportion of the population of the this Act shall be construed to preempt the accredited under this section at least every 5 United States; enforcement of State food safety laws and years to ensure the continued compliance by (3) assess the frequency and sources of standards that are at least as stringent as such governments with the standard set human illness in the United States associ- those under this Act. forth in subsection (b). ated with the consumption of food; SEC. 208. FOREIGN SUPPLIER VERIFICATION (g) REQUIRED ROUTINE INSPECTION.—The (4) partner with relevant agencies to main- PROGRAM. Administrator shall routinely inspect food or tain or access a state-of-the-art partial or (a) IN GENERAL.—The Administrator shall food animals by physical examination before full genome sequencing system and epide- require that each importer of products from the food or food animals enter the United miological system dedicated to foodborne ill- a feed facility, food facility, or food producer States to ensure that the food or food ani- ness identification, outbreaks, and contain- establishment be in compliance with the for- mals— ment; and eign supplier verification program require- (1) are safe; (5) have access to the surveillance data cre- ments under section 805 of the Federal Food, (2) are labeled as required for food pro- ated via monitoring and statistical studies Drug, and Cosmetic Act (21 U.S.C. 384a). duced in the United States; and conducted as part of its own inspection. (b) RULE OF CONSTRUCTION.—In applying (3) otherwise meet the requirements of the (b) PUBLIC HEALTH SAMPLING.— subsection (a) with respect to products sub- food safety law. (1) IN GENERAL.—Not later than 1 year after ject to the Federal Meat Inspection Act (21 (h) ENFORCEMENT.—The Administrator the date of enactment of this Act, the Ad- U.S.C. 601 et seq.), the Poultry Products In- may— ministrator shall establish guidelines for a spection Act (21 U.S.C. 451 et seq.), or the (1) deny importation of food from any sampling system under which the Adminis- Egg Products Inspection Act (21 U.S.C. 1031 country if the country’s government does trator shall take and analyze samples of et seq.), references in section 805 of the Fed- not permit United States officials to enter food— eral Food, Drug, and Cosmetic Act (21 U.S.C. the country to conduct such audits and in- (A) to assist the Administrator in carrying 384a) to sections 402, 403(w), 418, and 419 of spections as may be necessary to fulfill the out this Act; and such Act (21 U.S.C. 342, 343(w), 350g, and 350h) requirements under this section; (B) to assess the nature, frequency of oc- shall be construed to be references to the (2) deny importation of food from any currence, and quantities of contaminants in corresponding provisions of the food safety country or foreign facility that does not con- food. law, if any, that apply to such products, as sent to an investigation by the Adminis- (2) REQUIREMENTS.—The sampling system determined by the Administrator. trator when food from that country or for- described in paragraph (1) shall provide— (c) REPEAL OF EXEMPTIONS.—Section 805 of eign facility is linked to a foodborne illness (A) statistically valid monitoring, includ- the Federal Food, Drug, and Cosmetic Act outbreak or is otherwise found to be adulter- ing market-based studies, on the nature, fre- (21 U.S.C. 384a) is amended— ated or mislabeled; and quency of occurrence, and quantities of con- (1) in subsection (a)(1), by striking ‘‘sub- (3) promulgate regulations to carry out the taminants in food available to consumers; sections (e) and (f)’’ and inserting ‘‘sub- purposes of this section, including setting and section (e)’’; terms and conditions for the destruction of (B) at the request of the Administrator, (2) by striking subsection (e); and products that fail to meet the standards of such other information, including analysis of (3) by redesignating subsections (f) and (g) the food safety law. monitoring and verification samples, as the as subsections (e) and (f), respectively. (i) DETENTION AND SEIZURE.—Any food im- Administrator determines may be useful in SEC. 209. IMPORTS. ported for consumption in the United States assessing the occurrence of contaminants in (a) IN GENERAL.—Not later than 2 years that fails to meet the standards of the food food. after the date of enactment of this Act, the safety law may be detained, seized, or con- (c) ASSESSMENT OF HEALTH HAZARDS.— Administrator shall establish a system under demned. Through the surveillance system referred to

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4576 CONGRESSIONAL RECORD — SENATE June 26, 2019 in subsection (a), the sampling system de- education, Federal Government agency, or agent of a facility under paragraph (1)(A)(ii) scribed in subsection (b), and other available person to carry out this section. shall include such information as is nec- data, the Administrator shall— TITLE IV—ENFORCEMENT essary for the warehouse-based, third-party (1) rank food categories based on the haz- SEC. 401. PROHIBITED ACTS. logistics provider to identify the article of ard to human health presented by the food It shall be unlawful— food. category; (1) for a person— (B) RULES OF CONSTRUCTION.—Nothing in (2) identify appropriate industry and regu- (A) to manufacture, introduce, deliver for this paragraph shall be construed— latory approaches to minimize hazards in the introduction, or receive into interstate com- (i) to exempt a warehouse-based, third- food supply; and merce any food that is adulterated, mis- party logistics provider from the require- (3) assess the public health environment branded, or otherwise unsafe; ments of food safety law; or for emerging diseases, including zoonosis, for (B) to adulterate or misbrand any food in (ii) to exempt a warehouse-based, third- party logistics provider from being the sub- their risk of appearance in the United States interstate commerce; ject of a mandatory recall order. food supply. (C) to refuse to permit access to a food fa- (3) DETERMINATION TO LIMIT AREAS AF- SEC. 302. PUBLIC EDUCATION AND ADVISORY cility for the inspection and copying of a FECTED.—If the Administrator requires an SYSTEM. record as required under section 205(g); owner, operator, or agent in charge of the fa- (a) PUBLIC EDUCATION.—The Administrator (D) to fail to establish or maintain any cility to cease distribution under paragraph shall— record or to make any report as required (1)(A)(i) of an article of food identified under (1) in cooperation with private and public under section 205(g); subsection (a), the Administrator may limit organizations, including the cooperative ex- (E) to refuse to permit entry to or inspec- the size of the geographic area and the mar- tension services and building on the efforts tion of a food facility as required under sec- of appropriate State and local entities, es- kets affected by such cessation if such limi- tion 205; tation would not compromise the public tablish a national public education program (F) to fail to provide to the Administrator on food safety; and health. the results of a testing or sampling of a food, (c) HEARING ON ORDER.—The Administrator (2) coordinate with other Federal depart- equipment, or material in contact with con- shall provide the owner, operator, or agent ments and agencies to integrate food safety taminated food under section 205(g)(1)(B); in charge of the facility subject to an order messaging into all food-related agricultural, (G) to fail to comply with an applicable under subsection (b) with an opportunity for nutrition, and health promotion programs. provision of, or a regulation or order of the an informal hearing, to be held as soon as (b) HEALTH ADVISORIES.—The Adminis- Administrator under, section 202, 204, or 208; possible, but not later than 2 days after the trator, in consultation with such other Fed- (H) to slaughter an animal that is capable issuance of the order, on the actions required eral departments and agencies as the Admin- for use in whole or in part as human food at by the order and on why the article that is istrator determines necessary, shall work a food facility processing any such food for the subject of the order should not be re- with the States and other appropriate enti- commerce, except in compliance with the called. ties— food safety law; (d) POST-HEARING RECALL ORDER AND MODI- (1) to develop and distribute regional and (I) to fail to comply with a recall or other FICATION OF ORDER.— national advisories concerning food safety; order under section 402; or (1) AMENDMENT OF ORDER.—If, after pro- (2) to develop standardized formats for (J) to otherwise violate the food safety viding opportunity for an informal hearing written and broadcast advisories; law; and under subsection (c), the Administrator de- (3) to incorporate State and local (2) for a food facility or foreign food facil- termines that removal of the applicable arti- advisories into the national public education ity to fail to register under section 202, or to cle of food from commerce is necessary, the program established under subsection (a); operate without a valid registration. Administrator shall, as appropriate— and SEC. 402. MANDATORY RECALL AUTHORITY. (A) amend the order to require recall of (4) to present prompt, specific information (a) VOLUNTARY PROCEDURES.—If the Ad- such article or other appropriate action; regarding foods found to pose a threat to the ministrator determines that there is a rea- (B) specify a timetable in which the recall public health. sonable probability that an article of food shall occur; SEC. 303. RESEARCH. (other than infant formula) is adulterated or (C) require periodic reports to the Admin- (a) IN GENERAL.—The Administrator shall misbranded and the use of or exposure to istrator describing the progress of the recall; conduct research to carry out this Act, in- such article will cause serious adverse health and cluding studies to— consequences or death to humans or animals, (D) provide notice to consumers to whom (1) improve sanitation and food safety the Administrator shall provide to the such article was, or may have been, distrib- practices in the processing of food; owner, operator, or agent in charge of the fa- uted. (2) develop improved techniques to monitor cility that created, caused, or was otherwise (2) VACATING OF ORDER.—If, after an infor- and inspect food; responsible for that article of food an oppor- mal hearing under subsection (c), the Admin- (3) develop efficient, rapid, and sensitive tunity to cease distribution and recall that istrator determines that adequate grounds methods to detect contaminants in food; article of food in a manner and within a time do not exist to continue the actions required (4) determine the sources of contamination period determined by the Administrator. by the applicable order, or that such actions of contaminated food; (b) PREHEARING ORDER TO CEASE DISTRIBU- should be modified, the Administrator shall (5) develop food consumption data; TION AND GIVE NOTICE.— vacate the order or modify the order, as ap- (6) identify ways that animal production (1) IN GENERAL.—If the owner, operator, or propriate. techniques could improve the safety of the agent in charge of a facility refuses to, or (e) RULE REGARDING ALCOHOLIC BEV- food supply; does not voluntarily, cease distribution or ERAGES.—The Administrator shall not ini- tiate a mandatory recall or take any other (7) draw upon research and educational recall an article of food in the manner and action under this section with respect to any programs that exist at the State and local within the time period determined by the alcohol beverage until the Administrator has level; Administrator under subsection (a), the Ad- provided the Administrator of the Alcohol (8) determine the food safety education ministrator may by order require, as the Ad- and Tobacco Tax and Trade Bureau with a ministrator determines to be necessary— needs of vulnerable populations, including reasonable opportunity to cease distribution children less than 10 years of age, pregnant (A) that owner, operator, or agent— and recall the alcohol beverage under the au- women, adults 65 years of age and older, and (i) to immediately cease distribution of thority of the Administrator of the Alcohol individuals with compromised immune sys- that article of food; and and Tobacco Tax and Trade Bureau. tems; (ii) as applicable, to immediately notify all (f) COOPERATION AND CONSULTATION.—The (9) utilize the partial or full genome se- persons manufacturing, processing, packing, Administrator shall work with State and quencing system and other processes to iden- transporting, distributing, receiving, hold- local public health officials in carrying out tify and control pathogens; ing, or importing and selling that article of this section, as appropriate. (10) address common and emerging food; and (g) PUBLIC NOTIFICATION.—In conducting a zoonotic diseases; (B) any person to which that article of food recall under this section, the Administrator (11) develop methods to reduce or destroy has been distributed, transported, or sold, to shall— harmful pathogens before, during, and after immediately cease distribution of that arti- (1) ensure that a press release is published processing; cle of food. regarding the recall, as well as alerts and (12) analyze the incidence of antibiotic re- (2) REQUIRED ADDITIONAL INFORMATION.— public notices, as appropriate, in order to sistance as it pertains to the food supply and (A) IN GENERAL.—If an article of food cov- provide notification— develop new methods to reduce infection by ered by a recall order issued under paragraph (A) of the recall to consumers and retailers antibiotic resistant bacteria in humans and (1) has been distributed to a warehouse- to whom the applicable article of food was, animals; and based, third-party logistics provider without or may have been, distributed; and (13) conduct other research that supports providing such provider sufficient informa- (B) that includes, at a minimum— the purposes of this Act. tion to know or reasonably determine the (i) the name of the article of food subject (b) CONTRACT AUTHORITY.—The Adminis- precise identity of the article of food covered to the recall; trator may enter into contracts and agree- by a recall order that is in its possession, the (ii) a description of the risk associated ments with any State, institution of higher notice provided by the owner, operator, or with such article; and

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4577 (iii) to the extent practicable, information (B) references to section 423 of the Federal (A) not later than 30 days after the effec- for consumers about similar articles of food Food, Drug, and Cosmetic Act (21 U.S.C. 350l) tive date of the order, files a petition for ju- that are not affected by the recall; are references to section 402 of this Act. dicial review of the order in— (2) provide to the public a list of retail con- SEC. 403. INJUNCTION PROCEEDINGS. (i) the court of appeals of the United signees receiving products for which there is (a) JURISDICTION.—The district courts of States for the judicial circuit in which that determined to be a reasonable probability the United States, and the United States person resides or has its principal place of that eating the food will cause serious ad- courts of the territories and possessions of business; or verse health consequences or death to hu- the United States, shall have jurisdiction, (ii) the United States Court of Appeals for mans or animals; and for cause shown, to restrain a violation of the District of Columbia Circuit; and (3) if available, publish on the Internet section 202, 203, 204, 207, or 401 (or a regula- (B) simultaneously serves a copy of the pe- website of the Administration an image of tion promulgated under that section). tition by certified mail to the Adminis- the article that is the subject of the press re- (b) TRIAL.—In a case in which violation of trator. lease described in paragraph (1). an injunction or restraining order issued (2) FILING OF RECORD.—Not later than 45 under this section also constitutes a viola- days after the service of a copy of the peti- (h) NO DELEGATION.—The authority con- tion of the food safety law, trial shall be by ferred by this section to order a recall or va- tion under paragraph (1)(B), the Adminis- the court or, upon demand of the accused, by trator shall file in the court a certified copy cate a recall order shall not be delegated to a jury. any officer or employee other than the Ad- of the administrative record upon which the SEC. 404. CIVIL AND CRIMINAL PENALTIES. order was issued. ministrator. (a) CIVIL SANCTIONS.— (3) STANDARD OF REVIEW.—The findings of (i) EFFECT.—Nothing in this section shall (1) CIVIL PENALTY.— the Administrator relating to the order shall affect the authority of the Administrator to (A) IN GENERAL.—Any person that violates be set aside only if found to be unsupported request or participate in a voluntary recall, section 401 may be assessed a civil penalty by substantial evidence on the record as a or to issue an order to cease distribution or by the Administrator of not more than whole. to recall under any other provision of the $250,000 for each violation. (d) COLLECTION ACTIONS FOR FAILURE TO food safety law or under the Public Health (B) SEPARATE OFFENSE.—Each violation de- PAY.— Service Act (42 U.S.C. 201 et seq.). scribed in subparagraph (A) and each day (1) IN GENERAL.—If any person fails to pay during which that violation continues shall a civil penalty assessed under subsection (a) (j) COORDINATED COMMUNICATION.— be considered a separate offense. after the order assessing the penalty has be- (1) IN GENERAL.—To assist in carrying out (2) OTHER REQUIREMENTS.— the requirements of this subsection, the Ad- come a final order, or after the court of ap- (A) WRITTEN ORDER.—The civil penalty de- peals described in subsection (c) has entered ministrator shall establish an incident com- scribed in paragraph (1) shall be assessed by mand operation or a similar operation that final judgment in favor of the Administrator, the Administrator by a written order, which the Administrator shall refer the matter to will operate not later than 24 hours after the shall specify the amount of the penalty and initiation of a mandatory recall or the recall the Attorney General, who shall institute in the basis for the penalty under subparagraph a district court of the United States of com- of an article of food for which the use of, or (B) considered by the Administrator. exposure to, such article will cause serious petent jurisdiction a civil action to recover (B) AMOUNT OF PENALTY.—Subject to para- the amount assessed. adverse health consequences or death to hu- graph (1)(A), the amount of the civil penalty mans or animals. (2) LIMITATION ON REVIEW.—In a civil action shall be determined by the Administrator, under paragraph (1), the validity and appro- (2) REQUIREMENTS.—To reduce the poten- after considering— tial for miscommunication during recalls or priateness of the order of the Administrator (i) the gravity of the violation; assessing the civil penalty shall not be sub- regarding investigations of a foodborne ill- (ii) the degree of culpability of the person; ness outbreak associated with a food that is ject to judicial review. (iii) the size and type of the business of the (e) PENALTIES PAID INTO ACCOUNT.—The subject to a recall, each incident command person; and Administrator— operation or similar operation under para- (iv) any history of prior offenses by the (1) shall deposit penalties collected under graph (1) shall use regular staff and re- person under the food safety law. this section in an account in the Treasury; sources of the Administration to— (C) REVIEW OF ORDER.—A written order and (A) ensure timely and coordinated commu- under subparagraph (A) may be reviewed (2) may use the funds in the account, with- nication within the Administration, includ- only in accordance with subsection (c). out further appropriation or fiscal year limi- ing enhanced communication and coordina- (b) CRIMINAL SANCTIONS.— tation— tion between different agencies and organi- (1) IN GENERAL.—Except as provided in (A) to carry out enforcement activities zations within the Administration; paragraphs (2) and (3), a person that violates under food safety law; or (B) ensure timely and coordinated commu- subparagraph (A) or (B) of section 401(1) shall (B) to provide assistance to States to in- nication from the Administration, including be imprisoned for not more than 1 year, fined spect retail commercial food establishments public statements, throughout the duration not more than $10,000, or both. or other food or firms under the jurisdiction of the investigation and related foodborne (2) SEVERE VIOLATIONS.—A person that of State food safety programs. illness outbreak; commits a violation described in paragraph (f) DISCRETION OF THE ADMINISTRATOR TO (C) identify a single point of contact with- (1) after a conviction of that person under PROSECUTE.—Nothing in this Act requires in the Administration for public inquiries re- this section has become final, or commits the Administrator to report for prosecution, garding any actions by the Administrator re- such a violation with the intent to defraud or for the commencement of an action, the lated to a recall; or mislead, shall be imprisoned for not more violation of the food safety law in a case in (D) coordinate with Federal, State, local, than 3 years, fined not more than $100,000, or which the Administrator finds that the pub- and Tribal authorities, as appropriate, that both. lic interest will be adequately served by the have responsibilities related to the recall of (3) EXCEPTION.—No person shall be subject assessment of a civil penalty under this sec- a food or a foodborne illness outbreak associ- to the penalties of this subsection— tion. ated with a food that is subject to the recall, (A) for having received, proffered, or deliv- (g) REMEDIES NOT EXCLUSIVE.—The rem- including notification of the Secretary of ered in interstate commerce any food, if the edies provided in this section may be in addi- Agriculture and the Secretary of Education receipt, proffer, or delivery was made in good tion to, and not exclusive of, other remedies in the event such recalled food is a com- faith, unless that person refuses to furnish that may be available. modity intended for use in a child nutrition (on request of an officer or employee des- SEC. 405. PRESUMPTION. program (as defined in section 25(b) of the ignated by the Administrator)— In any action to enforce the requirements Richard B. Russell National School Lunch (i) the name, address, and contact informa- of the food safety law, the connection with Act (42 U.S.C. 1769f(b))); and tion of the person from whom that person interstate commerce required for jurisdic- (E) conclude operations at such time as the purchased or received the food; tion shall be presumed to exist. Administrator determines appropriate. (ii) copies of all documents relating to the SEC. 406. WHISTLEBLOWER PROTECTION. (3) MULTIPLE RECALLS.—The Administrator person from whom that person purchased or Section 1013 of the Federal Food, Drug, and may establish multiple or concurrent inci- received the food; and Cosmetic Act (21 U.S.C. 399d) shall apply dent command operations or similar oper- (iii) copies of all documents pertaining to with respect to any violation of, or any act ations in the event of multiple recalls or the delivery of the food to that person; or or omission an employee reasonably believes foodborne illness outbreaks. (B) if that person establishes a guaranty to be a violation of, any provision of this Act (4) FEES APPLICABLE TO ALL FACILITIES.— signed by, and containing the name and ad- to the same extent and in the same manner Fees described in section 743 of Federal Food, dress of, the person from whom that person as that section applies with respect to a vio- Drug, and Cosmetic Act (21 U.S.C. 379j–31) for received in good faith the food, stating that lation of, or any act or omission an employee not complying with a recall order are appli- the food is not adulterated or misbranded reasonably believes to be a violation of, any cable to all food facilities under this Act as within the meaning of this Act. provision of the Federal Food, Drug, and if— (c) JUDICIAL REVIEW.— Cosmetic Act (21 U.S.C. 301 et seq.). (A) the term ‘‘responsible party’’ means (1) IN GENERAL.—An order assessing a civil SEC. 407. ADMINISTRATION AND ENFORCEMENT. ‘‘owner, operator, or agent in charge of the penalty under subsection (a) shall be a final (a) IN GENERAL.—For the efficient adminis- facility’’; and order unless the person— tration and enforcement of the food safety

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law, the provisions (including provisions re- (b) PLAN ELEMENTS.—The plan transmitted may designate any officer whose appoint- lating to penalties) of sections 6, 8, 9, and 10 under subsection (a) shall contain, con- ment was required to be made by and with of the Federal Trade Commission Act (15 sistent with this Act, such elements as the such advice and consent and who was such an U.S.C. 46, 48, 49, and 50) (except subsections President determines appropriate, including officer on the day before the date of enact- (c) through (h) of section 6 of that Act (15 the following: ment of this Act (and who continues to be in U.S.C. 46)), relating to the jurisdiction, pow- (1) Identification of any functions of agen- office) or immediately before such designa- ers, and duties of the Federal Trade Commis- cies designated to be transferred to the Ad- tion, to act in such office until the same is sion and the Attorney General to administer ministration pursuant to this Act that will filled as provided in this Act. and enforce that Act, and to the rights and not be transferred to the Administration (2) COMPENSATION.—While acting pursuant duties of persons with respect to whom the under the plan. to paragraph (1), such officers shall receive powers are exercised, shall apply to the juris- (2) Specification of the steps to be taken by compensation at the higher of— diction, powers, and duties of the Adminis- the Administrator to organize the Adminis- (A) the rates provided by this Act for the trator and the Attorney General in admin- tration, including the delegation or assign- respective offices in which they act; or istering and enforcing the provisions of the ment of functions transferred to the Admin- (B) the rates provided for the offices held food safety law and to the rights and duties istration among the officers of the Adminis- at the time of designation. of persons with respect to whom the powers tration in order to permit the Administra- (3) LIMITATION.—Nothing in this Act shall are exercised, respectively. tion to carry out the functions transferred be construed to require the advice and con- (b) INQUIRIES AND ACTIONS.— under the plan. sent of the Senate to the appointment by the (1) IN GENERAL.—The Administrator, in (3) Specification of the funds available to President to a position in the Administra- person or by such agents as the Adminis- each agency that will be transferred to the tion of any officer whose agency is trans- trator may designate, may prosecute any in- Administration as a result of transfers under ferred to the Administration pursuant to quiry necessary to carry out the duties of the plan. the Administrator under the food safety law this Act and whose duties following such in any part of the United States. (4) Specification of the proposed alloca- transfer are germane to those performed be- tions within the Administration of unex- fore such transfer. (2) POWERS.—The powers conferred by sec- tions 9 and 10 of the Federal Trade Commis- pended funds transferred in connection with (d) TRANSFER OF PERSONNEL, ASSETS, OBLI- sion Act (15 U.S.C. 49, 50) on the United transfers under the plan. GATIONS, AND FUNCTION.— States district courts may be exercised for (5) Specification of any proposed disposi- (1) IN GENERAL.—Consistent with section the purposes of this chapter by any district tion of property, facilities, contracts, 1531 of title 31, United States Code, the per- court of the United States of competent ju- records, and other assets and obligations of sonnel, assets, liabilities, contracts, prop- risdiction. agencies transferred under the plan. erty, records, and unexpended balances of ap- (6) Specification of the proposed alloca- propriations, authorizations, allocations, SEC. 408. CITIZEN CIVIL ACTIONS. tions within the Administration of the func- and other funds that relate to the functions (a) CIVIL ACTIONS.—A person may com- mence a civil action against— tions of the agencies and subdivisions that transferred under subsection (a) from a Fed- (1) a person that violates a regulation (in- are not related directly to ensuring the safe- eral agency shall be transferred to the Ad- cluding a regulation establishing a perform- ty of food. ministration. ance standard), order, or other action of the (c) MODIFICATION OF PLAN.—The President (2) UNEXPENDED FUNDS.—Unexpended funds Administrator to ensure the safety of food; may, on the basis of consultations with the transferred under this subsection shall be or appropriate congressional committees, mod- used by the Administration only for the pur- (2) the Administrator (in his or her capac- ify or revise any part of the plan until that poses for which the funds were originally au- ity as the Administrator), if the Adminis- part of the plan becomes effective in accord- thorized and appropriated. trator fails to perform an act or duty to en- ance with subsection (d). SEC. 504. SAVINGS PROVISIONS. sure the safety of food that is not discre- (d) EFFECTIVE DATE.— (a) COMPLETED ADMINISTRATIVE ACTIONS.— tionary under the food safety law. (1) IN GENERAL.—The reorganization plan The enactment of this Act or the transfer of (b) COURT.— described in this section, including any functions under this Act shall not affect any (1) IN GENERAL.—The action shall be com- modifications or revisions of the plan under order, determination, rule, regulation, per- menced in the district court of the United subsection (c), shall become effective for an mit, personnel action, agreement, grant, States for the judicial district in which the agency on the earlier of— contract, certificate, license, registration, defendant resides, is found, or has an agent. (A) the date specified in the plan (or the privilege, or other administrative action (2) JURISDICTION.—The court described in plan as modified pursuant to subsection (c)), issued, made, granted, or otherwise in effect paragraph (1) shall have jurisdiction, with- except that such date may not be earlier or final with respect to that agency on the out regard to the amount in controversy or than 90 days after the date the President has day before the transfer date with respect to the citizenship of the parties, to enforce a transmitted the reorganization plan to the the transferred functions. regulation (including a regulation estab- appropriate congressional committees pursu- (b) PENDING PROCEEDINGS.—Subject to the lishing a performance standard), order, or ant to subsection (a); or authority of the Administrator under this other action of the Administrator, or to (B) the end of the transition period. Act— order the Administrator to perform the act (2) STATUTORY CONSTRUCTION.—Nothing in (1) pending proceedings in an agency, in- or duty. this subsection may be construed to require cluding notices of proposed rulemaking, and (3) DAMAGES.—The court described in para- the transfer of functions, personnel, records, applications for licenses, permits, certifi- graph (1) may— balances of appropriations, or other assets of cates, grants, and financial assistance, shall (A) award damages, in the amount of dam- an agency on a single date. continue notwithstanding the enactment of ages actually sustained; and (3) SUPERCEDES EXISTING LAW.—Paragraph this Act or the transfer of the agency to the (B) if the court determines it to be in the (1) shall apply notwithstanding section 905(b) Administration, unless discontinued or interest of justice, award the plaintiff the of title 5, United States Code. modified under the same terms and condi- costs of suit, including reasonable attorney’s SEC. 503. TRANSITIONAL AUTHORITIES. tions and to the same extent that such dis- fees, reasonable expert witness fees, and pen- (a) PROVISION OF ASSISTANCE BY OFFI- continuance could have occurred if such en- alties. CIALS.—Until the transfer of an agency to actment or transfer had not occurred; and (c) REMEDIES NOT EXCLUSIVE.—The rem- the Administration, any official having au- (2) orders issued in such proceedings, and edies provided for in this section shall be in thority over or function relating to the agen- appeals from those orders, and payments addition to, and not exclusive of, other rem- cy on the day before the date of enactment made pursuant to such orders, shall be issued edies that may be available. of this Act shall provide the Administrator in the same manner on the same terms as if TITLE V—IMPLEMENTATION such assistance, including the use of per- this Act had not been enacted or the agency SEC. 501. DEFINITION. sonnel and assets, as the Administrator may had not been transferred, and any such order In this title, the term ‘‘transition period’’ request in preparing for the transfer and in- shall continue in effect until amended, modi- means the 12-month period beginning on the tegration of the agency to the Administra- fied, superceded, terminated, set aside, or re- date of enactment of this Act. tion. voked by an officer of the United States or a SEC. 502. REORGANIZATION PLAN. (b) SERVICES AND PERSONNEL.—During the court of competent jurisdiction, or by oper- (a) SUBMISSION OF PLAN.—Not later than transition period, upon the request of the ation of law. 180 days after the date of enactment of this Administrator, the head of any Executive (c) PENDING CIVIL ACTIONS.—Subject to the Act, the President shall transmit to the ap- agency may, on a reimbursable basis, provide authority of the Administrator under this propriate congressional committees a reor- services or detail personnel to assist with Act, any civil action commenced with regard ganization plan regarding the following: the transition. to that agency pending before that agency (1) The transfer of agencies, personnel, as- (c) ACTING OFFICIALS.— on the day before the transfer date with re- sets, and obligations to the Administration (1) IN GENERAL.—During the transition pe- spect to the transferred functions shall con- pursuant to this Act. riod, pending the advice and consent of the tinue notwithstanding the enactment of this (2) Any consolidation, reorganization, or Senate to the appointment of an officer re- Act or the transfer of an agency to the Ad- streamlining of agencies transferred to the quired by this Act to be appointed by and ministration. Administration pursuant to this Act. with such advice and consent, the President (d) REFERENCES.—

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.036 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4579 (1) IN GENERAL.—After the transfer of func- proper air filtration equipment, and in Whereas the cowboy, who lives off the land tions from a Federal agency under this Act, extreme cases, to seek refuge in a and works to protect and enhance the envi- any reference in any other Federal law, Ex- smokeless area. Communities are being ronment, is an excellent steward of the land ecutive order, rule, regulation, directive, choked by wildfire smoke, and each and its creatures; document, or other material to that Federal Whereas cowboy traditions have been a agency or the head of that agency in connec- year wildfires are becoming more de- part of American culture for generations; tion with the administration or enforcement structive than the previous. Whereas the cowboy continues to be an im- of the food safety laws shall be deemed to be Vulnerable populations like children, portant part of the economy through the a reference to the Administration or the Ad- the elderly, pregnant women, and low- work of many thousands of ranchers across ministrator, respectively. income families are disproportionately the United States who contribute to the eco- (2) STATUTORY REPORTING REQUIREMENTS.— affected by wildfire smoke. Addition- nomic well-being of every State; Statutory reporting requirements that ap- ally, those with chronic heart or lung Whereas millions of fans watch profes- plied in relation to such an agency on the conditions are at a similarly height- sional and working ranch rodeo events annu- day before the date of enactment of this Act ened risk. Symptoms from smoke inha- ally, making rodeo one of the most-watched shall continue to apply following such trans- lation can develop within a relatively sports in the United States; fer if the reporting requirements refer to the Whereas membership and participation in agency by name. short time of exposure, and according rodeo and other organizations that promote SEC. 505. CONFORMING AMENDMENTS. to research, is akin to smoking several and encompass the livelihood of cowboys Section 5313 of title 5, United States Code, packs of cigarettes per day. Symptoms span every generation and transcend race is amended by adding at the end the fol- vary and can include poor development and gender; lowing new item: of lungs in children, shortness of Whereas the cowboy is a central figure in ‘‘Administrator of Food Safety.’’. breath, coughing, chest pain, nausea, literature, film, and music and occupies a SEC. 506. ADDITIONAL TECHNICAL AND CON- reduced lung capacity, bronchitis, central place in the public imagination; FORMING AMENDMENTS. headaches, and visual impairment. Whereas the cowboy is an American icon; Not later than 60 days after the submission The bill would authorize the Federal and of the reorganization plan under section 502, Emergency Management Agency Whereas the ongoing contributions made the President shall prepare and submit pro- by cowboys and cowgirls to their commu- posed legislation to Congress containing nec- (FEMA) to provide assistance to at risk nities should be recognized and encouraged: essary and appropriate technical and con- individuals by providing smoke inhala- Now, therefore, be it forming amendments to any food safety law tion prevention equipment and low- Resolved, That the Senate— to reflect the changes made by this Act. cost home improvements when air (1) designates July 27, 2019, as ‘‘National SEC. 507. REGULATIONS. quality causes unhealthy air quality Day of the American Cowboy’’; and The Administrator may promulgate such levels or three consecutive days. (2) encourages the people of the United regulations as the Administrator determines Smoke inhalation prevention equip- States to observe the day with appropriate are necessary or appropriate to perform the ment would include an air filter, a face ceremonies and activities. duties of the Administrator. mask or respirator, a portable air fil- f SEC. 508. AUTHORIZATION OF APPROPRIATIONS. tration unit, and other low cost equip- There are authorized to be appropriated SENATE RESOLUTION 266—CON- such sums as are necessary to carry out this ment used to keep smoke out of a GRATULATING THE ST. LOUIS Act. house. BLUES FOR WINNING THE 2019 SEC. 509. LIMITATION ON AUTHORIZATION OF AP- In severe cases, the Wildfire Smoke STANLEY CUP FINAL PROPRIATIONS. Relief Act would authorize FEMA to Mr. HAWLEY (for himself and Mr. For the fiscal year that includes the date provide transitional sheltering assist- BLUNT) submitted the following resolu- of enactment of this Act, the amount au- ance for at risk individuals. In these tion; which was considered and agreed thorized to be appropriated to carry out this extreme cases FEMA can arrange alter- to: Act shall not exceed— nate, cost-efficient housing arranged S. RES. 266 (1) the amount appropriated for that fiscal for at-risk people to escape the smoke. year for the Federal agencies identified in Mr. President, I am pleased to be Whereas, on June 12, 2019, the St. Louis section 102(b) for the purpose of admin- Blues won the 2019 Stanley Cup Final; joined by Senator JEFF MERKLEY in in- istering or enforcing the food safety law; or Whereas the Blues, in their 52nd year play- (2) the amount appropriated for those troducing the bill today and look for- ing in the National Hockey League (referred agencies for that purpose for the preceding ward to working with my colleagues to in this preamble as the ‘‘NHL’’), made fiscal year, if, as of the date of enactment of toward enactment of the Wildfire their fourth Stanley Cup Final appearance, this Act, appropriations for those agencies Smoke Relief Act in the 116th Con- and their first since the 1969–70 season; for the fiscal year that includes that date of gress. Whereas the Blues defeated the 2019 East- enactment have not yet been made. f ern Conference champions, the Boston Bru- ins, in the Stanley Cup Final to win their By Mr. WYDEN (for himself and SUBMITTED RESOLUTIONS first Stanley Cup, clinching the series with 4 Mr. MERKLEY): wins and 3 losses; S. 1997. A bill to authorize transi- Whereas the Blues defeated the Winnipeg tional sheltering assistance for individ- SENATE RESOLUTION 265—DESIG- Jets, the Dallas Stars, and the San Jose uals who live in areas with unhealthy NATING JULY 27, 2019, AS ‘‘NA- Sharks to earn the Western Conference title air quality caused by wildfires, and for TIONAL DAY OF THE AMERICAN and win the franchise’s third Clarence S. COWBOY’’ Campbell Bowl; other purposes; to the Committee on Whereas the Blues showed incredible deter- Homeland Security and Governmental Mr. ENZI (for himself, Ms. CORTEZ mination and perseverance by fighting their Affairs. MASTO, Mr. RISCH, Mr. THUNE, Mr. way back from last place in the NHL on Jan- Mr. WYDEN. Mr. President, today I TESTER, Mr. MERKLEY, Mr. BARRASSO, uary 3, 2019, to finish the regular season in am introducing the Wildfire Smoke Re- Mr. CRAPO, Mr. HOEVEN, Mr. ROUNDS, third place in the Western Conference Cen- lief Act of 2019 with the ultimate goal Mr. BENNET, Mr. UDALL, Mr. INHOFE, tral Division, and to eventually defeat the of providing Federal emergency assist- and Mr. CORNYN) submitted the fol- Boston Bruins to become Stanley Cup Cham- ance to at risk individuals in areas lowing resolution; which was referred pions; Whereas the City of St. Louis was named with unhealthy air quality caused by to the Committee on the Judiciary: by the Wall Street Journal as the best sports wildfire smoke. By actively preparing S. RES. 265 city in the United States in 2015, high- for the effects of wildfire smoke inhala- Whereas pioneering men and women, rec- lighting the success of St. Louis professional tion, this bill attempts to ensure the ognized as ‘‘cowboys’’, helped to establish sports teams; long term health and security of all of the American West; Whereas more than 10,000 fans filled the those affected by wildfires. Whereas the cowboy embodies honesty, in- Enterprise Center, more than 20,000 fans In 2018, over 2,000 fires burned nearly tegrity, courage, compassion, respect, a filled Busch Stadium in the pouring rain, 900,000 acres in the State of Oregon. strong work ethic, and patriotism; and more than 18,000 fans flooded downtown The result of these fires was weeks and Whereas the cowboy spirit exemplifies St. Louis to cheer the Blues on to the fran- strength of character, sound family values, chise’s first Stanley Cup; weeks of wildfire smoke. In Southern and good common sense; Whereas the Blues and the City of St. Oregon alone, there were 39 days with Whereas the cowboy archetype transcends Louis embraced Laura Branigan’s 1982 hit unhealthy air quality directly caused ethnicity, gender, geographic boundaries, song, ‘‘Gloria’’, uniting fans across the coun- by smoke from wildfires. People need and political affiliations; try;

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Mr. TOOMEY (for himself, volved in the illicit manufacture or distribu- Finals; tion of controlled substance analogues (as Mr. JONES, and Mrs. CAPITO) submitted Whereas Ryan O’Reilly, who scored 5 times an amendment intended to be proposed defined in section 102(32) of the Controlled during a 4-game goal streak in games 4 Substances Act (21 U.S.C. 802(32)); and through 7 of the Stanley Cup Final, was the to amendment SA 861 proposed by Mr. ‘‘(E) A description of whether each country first player to score in 4 straight Stanley MCCONNELL (for Mr. ROMNEY) to the identified pursuant to subparagraph (A) re- Cup Final games since Wayne Gretzky in amendment SA 764 proposed by Mr. quires the registration of tableting machines 1985, was awarded the Conn Smythe Trophy INHOFE to the bill S. 1790, to authorize and encapsulating machines or other meas- as the 2019 NHL Playoffs Most Valuable appropriations for fiscal year 2020 for ures similar in effect to the registration re- Player, all while playing with a cracked rib military activities of the Department quirements set forth in part 1310 of title 21, sustained in the Western Conference First of Defense, for military construction, Code of Federal Regulations, and has not Round; and for defense activities of the De- made good faith efforts, in the opinion of the Whereas Jordan Binnington boasted a .914 Secretary, to improve regulation of save percentage during the playoffs and partment of Energy, to prescribe mili- tableting machines and encapsulating ma- broke the NHL record for most wins in a tary personnel strengths for such fiscal chines.’’. playoff year by a rookie goaltender, while year, and for other purposes; which was (d) WITHHOLDING OF BILATERAL AND MULTI- also becoming the fourth rookie goalie to ordered to lie on the table; as follows: LATERAL ASSISTANCE.— win game 7 of a Stanley Cup Final; and At the appropriate place, insert the fol- (1) IN GENERAL.—Section 490(a) of the For- Whereas the entire Blues roster contrib- lowing: eign Assistance Act of 1961 (22 U.S.C. 2291j(a)) uted to the Stanley Cup victory, including SEC. ll. BLOCKING FENTANYL IMPORTS. is amended— Jake Allen, Ivan Barbashev, Jordan (a) SHORT TITLE.—This section may be (A) in paragraph (1), by striking ‘‘or coun- Binnington, Sammy Blais, Robert Bortuzzo, cited as the ‘‘Blocking Deadly Fentanyl Im- try identified pursuant to clause (i) or (ii) of Jay Bouwmeester, Tyler Bozak, Chris But- ports Act’’. section 489(a)(8)(A) of this Act’’ and inserting ler, Michael Del Zotto, Vince Dunn, Joel (b) DEFINITIONS.—Section 481(e) of the For- ‘‘country identified pursuant to section Edmundson, Robby Fabbri, Carl Gunnarsson, eign Assistance Act of 1961 (22 U.S.C. 2291(e)) 489(a)(8)(A), or country twice identified pur- Ville Husso, Jordan Kyrou, Mackenzie is amended— suant to section 489(a)(9)(A)’’; and MacEachern, Pat Maroon, Jordan Nolan, (1) in paragraph (2)— (B) in paragraph (2), by striking ‘‘or major Ryan O’Reilly, Colton Parayko, David (A) in the matter preceding subparagraph drug-transit country (as determined under Perron, Alex Pietrangelo, Zach Sanford, (A), by striking ‘‘in which’’; subsection (h)) or country identified pursu- Brayden Schenn, Jaden Schwartz, Alexander (B) in subparagraph (A), by inserting ‘‘in ant to clause (i) or (ii) of section 489(a)(8)(A) Steen, Oskar Sundqvist, Vladimir which’’ before ‘‘1,000’’; of this Act’’ and inserting ‘‘, major drug- Tarasenko, Robert Thomas, and Chris (C) in subparagraph (B)— transit country, country identified pursuant Thorburn: Now, therefore, be it (i) by inserting ‘‘in which’’ before ‘‘1,000’’; to section 489(a)(8)(A), or country twice iden- Resolved, That the Senate— and tified pursuant to section 489(a)(9)(A)’’. (1) congratulates the St. Louis Blues and (ii) by striking ‘‘or’’ at the end; (2) DESIGNATION OF ILLICIT FENTANYL COUN- the loyal fans of the Blues for becoming the (D) in subparagraph (C)— TRIES WITHOUT SCHEDULING PROCEDURES.— 2019 National Hockey League Stanley Cup (i) by inserting ‘‘in which’’ before ‘‘5,000’’; Section 706(2) of the Foreign Relations Au- champions; and and thorization Act, Fiscal Year 2003 (22 U.S.C. (2) respectfully directs the Secretary of the (ii) by inserting ‘‘or’’ after the semicolon; 2291j–1(2)) is amended— Senate to transmit an enrolled copy of this and (A) in the matter preceding subparagraph resolution to— (E) by adding at the end the following: (A), by striking ‘‘also’’; (A) the chairman and governor of the St. ‘‘(D) that is a significant source of illicit (B) in subparagraph (A)(ii), by striking Louis Blues, Tom Stillman; synthetic opioids and related illicit precur- ‘‘and’’ at the end; (B) the general manager of the St. Louis sors significantly affecting the United (C) by redesignating subparagraph (B) as Blues, Doug Armstrong; and States;’’; and subparagraph (E); (C) the interim head coach of the St. Louis (2) in paragraph (4)— (D) by inserting after subparagraph (A) the Blues, Craig Berube. (A) in subparagraph (C), by striking ‘‘and’’ following: f at the end; ‘‘(B) designate each country, if any, identi- fied under section 489(a)(9) of the Foreign As- AMENDMENTS SUBMITTED AND (B) in subparagraph (D), by adding ‘‘and’’ at the end; and sistance Act of 1961 (22 U.S.C. 2291h(a)(9)) PROPOSED (C) by adding at the end the following: that has failed to adopt and utilize sched- SA 900. Mr. TOOMEY (for himself, Mr. ‘‘(E) assistance that furthers the objectives uling procedures for illicit drugs that are JONES, and Mrs. CAPITO) submitted an set forth in paragraphs (1) through (4) of sec- comparable to the procedures authorized amendment intended to be proposed to tion 664(b) of the Foreign Relations Author- under title II of the Controlled Substances amendment SA 861 proposed by Mr. MCCON- ization Act, Fiscal Year 2003 (22 U.S.C. 2151n– Act (21 U.S.C. 811 et seq.) for adding drugs NELL (for Mr. ROMNEY) to the amendment SA 2(b));’’. and other substances to the controlled sub- 764 proposed by Mr. INHOFE to the bill S. 1790, (c) INTERNATIONAL NARCOTICS CONTROL stances schedules;’’; and to authorize appropriations for fiscal year STRATEGY REPORT.—Section 489(a) of the (E) in subparagraph (E), as redesignated, 2020 for military activities of the Depart- Foreign Assistance Act of 1961 (22 U.S.C. by striking ‘‘so designated’’ and inserting ment of Defense, for military construction, 2291h(a)) is amended by adding at the end the ‘‘designated under subparagraph (A), (B), (C), and for defense activities of the Department following: or (D)’’. of Energy, to prescribe military personnel ‘‘(9) A separate section that contains the (3) DESIGNATION OF ILLICIT FENTANYL COUN- strengths for such fiscal year, and for other following: TRIES WITHOUT ABILITY TO PROSECUTE CRIMI- purposes; which was ordered to lie on the ‘‘(A) An identification of the countries, to NALS FOR THE MANUFACTURE OR DISTRIBUTION table. the extent feasible, that are the most signifi- OF FENTANYL ANALOGUES.—Section 706(2) of SA 901. Mr. SHELBY proposed an amend- cant sources of illicit fentanyl and fentanyl the Foreign Relations Authorization Act, ment to the bill H.R. 3401, making emer- analogues significantly affecting the United Fiscal Year 2003 (22 U.S.C. 2291j–1(2)), as gency supplemental appropriations for the States during the preceding calendar year. amended by paragraph (2), is further amend- fiscal year ending September 30, 2019, and for ‘‘(B) A description of the extent to which ed by inserting after subparagraph (B) the other purposes. each country identified pursuant to subpara- following: SA 902. Mr. PAUL proposed an amendment graph (A) has cooperated with the United ‘‘(C) designate each country, if any, identi- to amendment SA 901 proposed by Mr. States to prevent the articles or chemicals fied under section 489(a)(9) of the Foreign As- SHELBY to the bill H.R. 3401, supra. described in subparagraph (A) from being ex- sistance Act of 1961 (22 U.S.C. 2291h(a)(9)) SA 903. Mr. BROWN (for himself and Mr. ported from such country to the United that has not taken significant steps to pros- PORTMAN) submitted an amendment intended States. ecute individuals involved in the illicit man- to be proposed to amendment SA 764 pro- ‘‘(C) A description of whether each country ufacture or distribution of controlled sub- posed by Mr. INHOFE to the bill S. 1790, to au- identified pursuant to subparagraph (A) has stance analogues (as defined in section

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Teams shall include appropriate attorneys, That of the amounts provided under this (4) DESIGNATION OF ILLICIT FENTANYL COUN- law clerks, paralegals, court administrators, heading, $708,000,000 is for establishing and TRIES THAT DO NOT REQUIRE THE REGISTRATION and other support staff: Provided further, operating migrant care and processing facili- OF PILL PRESSES AND TABLETING MACHINES.— That such amount is designated by the Con- ties, $111,950,000 is for consumables and med- Section 706(2) of the Foreign Relations Au- gress as being for an emergency requirement ical care, $35,000,000 is for transportation, thorization Act, Fiscal Year 2003 (22 U.S.C. pursuant to section 251(b)(2)(A)(i) of the Bal- $110,481,000 is for temporary duty and over- 2291j–1(2)), as amended by paragraphs (2) and anced Budget and Emergency Deficit Control time costs including reimbursements, and (3), is further amended by inserting after Act of 1985. $50,000,000 is for mission support data sys- subparagraph (C) the following: UNITED STATES MARSHALS SERVICE tems and analysis: Provided further, That ‘‘(D) designate each country, if any, identi- such amount is designated by the Congress FEDERAL PRISONER DETENTION fied under section 489(a)(9) of the Foreign As- as being for an emergency requirement pur- sistance Act of 1961 (22 U.S.C. 2291h(a)(9)) For an additional amount for ‘‘Federal suant to section 251(b)(2)(A)(i) of the Bal- that— Prisoner Detention’’, for necessary expenses anced Budget and Emergency Deficit Control ‘‘(i) does not require the registration of related to United States prisoners in the cus- Act of 1985. tody of the United States Marshals Service, tableting machines and encapsulating ma- PROCUREMENT, CONSTRUCTION, AND to be used only as authorized by section 4013 chines in a manner comparable to the reg- IMPROVEMENTS of title 18, United States Code, $155,000,000, to istration requirements set forth in part 1310 For an additional amount for ‘‘Procure- of title 21, Code of Federal Regulations; and remain available until expended: Provided, That such amount is designated by the Con- ment, Construction, and Improvements’’ for ‘‘(ii) has not made good faith efforts (in the migrant care and processing facilities, opinion of the Secretary) to improve the reg- gress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- $85,000,000, to remain available until Sep- ulation of tableting machines and encap- tember 30, 2023: Provided, That such amount sulating machines; and’’. anced Budget and Emergency Deficit Control Act of 1985. is designated by the Congress as being for an (5) LIMITATION ON ASSISTANCE FOR DES- emergency requirement pursuant to section IGNATED COUNTRIES.—Section 706(3) of the TITLE II 251(b)(2)(A)(i) of the Balanced Budget and Foreign Relations Authorization Act, Fiscal DEPARTMENT OF DEFENSE Emergency Deficit Control Act of 1985. Year 2003 (22 U.S.C. 2291j–1(3)) is amended by OPERATION AND MAINTENANCE U.S. IMMIGRATION AND CUSTOMS striking ‘‘also designated under paragraph OPERATION AND MAINTENANCE, ARMY ENFORCEMENT (2) in the report’’ and inserting ‘‘designated in the report under paragraph (2)(A) or twice For an additional amount for ‘‘Operation OPERATIONS AND SUPPORT designated in the report under subparagraph and Maintenance, Army’’, $92,800,000, for nec- For an additional amount for ‘‘Operations (B), (C), or (D) of paragraph (2)’’. essary expenses to respond to the significant and Support’’ for necessary expenses to re- (6) EXCEPTION TO THE LIMITATION ON ASSIST- rise in unaccompanied minors and family spond to the significant rise in aliens at the ANCE.—Section 706(5) of the Foreign Rela- unit aliens at the southwest border and re- southwest border and related activities, tions Authorization Act, Fiscal Year 2003 (22 lated activities: Provided, That such amount $208,945,000: Provided, That of the amounts U.S.C. 2291j–1(5)) is amended— is designated by the Congress as being for an provided under this heading, $35,943,000 is for (A) by redesignating subparagraph (C) as emergency requirement pursuant to section transportation of unaccompanied alien chil- subparagraph (D); 251(b)(2)(A)(i) of the Balanced Budget and dren, $11,981,000 is for detainee transpor- (B) by inserting after subparagraph (B) the Emergency Deficit Control Act of 1985. tation for medical needs, court proceedings, following: OPERATION AND MAINTENANCE, MARINE CORPS or relocation from U.S. Customs and Border Protection custody, $20,000,000 is for alter- ‘‘(C) Notwithstanding paragraph (3), assist- For an additional amount for ‘‘Operation natives to detention, $45,000,000 is for de- ance to promote democracy (as defined in and Maintenance, Marine Corps’’, $13,025,000, tainee medical care, $69,735,000 is for tem- section 481(e)(4)(E) of the Foreign Assistance for necessary expenses to respond to the sig- porary duty, overtime, and other on-board Act of 1961 (22 U.S.C. 2291(e)(4)(E))) shall be nificant rise in unaccompanied minors and personnel costs including reimbursements, provided to countries identified in a report family unit aliens at the southwest border $5,000,000 is for the Office of Professional Re- under paragraph (1) and designated under and related activities: Provided, That such sponsibility for background investigations subparagraph (B), (C), or (D) of paragraph (2), amount is designated by the Congress as and facility inspections, and $21,286,000 is for to the extent such countries are otherwise being for an emergency requirement pursu- Homeland Security Investigations human eligible for such assistance, regardless of ant to section 251(b)(2)(A)(i) of the Balanced trafficking investigations: Provided further, whether the President reports to the appro- Budget and Emergency Deficit Control Act That such amount is designated by the Con- priate congressional committees in accord- of 1985. ance with such paragraph.’’; and gress as being for an emergency requirement OPERATION AND MAINTENANCE, AIR FORCE (C) in subparagraph (D), as redesignated, pursuant to section 251(b)(2)(A)(i) of the Bal- by striking ‘‘section clause (i) or (ii) of’’ and For an additional amount for ‘‘Operation anced Budget and Emergency Deficit Control inserting ‘‘clause (i) or (ii) of section’’. and Maintenance, Air Force’’, $18,000,000, for Act of 1985. (e) EFFECTIVE DATE.—The amendments necessary expenses to respond to the signifi- FEDERAL EMERGENCY MANAGEMENT AGENCY cant rise in unaccompanied minors and fam- made by this section shall take effect on the FEDERAL ASSISTANCE ily unit aliens at the southwest border and date that is 90 days after the date of the en- For an additional amount for ‘‘Federal As- actment of this Act. related activities: Provided, That such amount is designated by the Congress as sistance’’, $30,000,000, to remain available until September 30, 2020, for the emergency SA 901. Mr. SHELBY proposed an being for an emergency requirement pursu- ant to section 251(b)(2)(A)(i) of the Balanced food and shelter program under title III of amendment to the bill H.R. 3401, mak- the McKinney-Vento Homeless Assistance ing emergency supplemental appropria- Budget and Emergency Deficit Control Act of 1985. Act (42 U.S.C. 11331 et seq.) for the purposes tions for the fiscal year ending Sep- of providing assistance to aliens released tember 30, 2019, and for other purposes; OPERATION AND MAINTENANCE, ARMY NATIONAL from the custody of the Department of as follows: GUARD Homeland Security: Provided, That notwith- Strike all after the enacting clause and in- For an additional amount for ‘‘Operation standing sections 315 and 316(b) of such Act, sert the following: and Maintenance, Army National Guard’’, funds made available under this section shall That the following sums are appropriated, $21,024,000, for necessary expenses to respond be disbursed by the Emergency Food and out of any money in the Treasury not other- to the significant rise in unaccompanied mi- Shelter Program National Board not later wise appropriated, for the fiscal year ending nors and family unit aliens at the southwest than 30 days after the date on which such September 30, 2019, and for other purposes, border and related activities: Provided, That funds become available: Provided further, namely: such amount is designated by the Congress That the Emergency Food and Shelter Pro- as being for an emergency requirement pur- TITLE I gram National Board shall distribute such suant to section 251(b)(2)(A)(i) of the Bal- funds only to jurisdictions or local recipient DEPARTMENT OF JUSTICE anced Budget and Emergency Deficit Control organizations serving communities that have GENERAL ADMINISTRATION Act of 1985. experienced a significant influx of such EXECUTIVE OFFICE FOR IMMIGRATION REVIEW TITLE III aliens: Provided further, That such funds may For an additional amount for ‘‘Executive DEPARTMENT OF HOMELAND SECURITY be used to reimburse such jurisdictions or Office for Immigration Review’’, $65,000,000, local recipient organizations for costs in- U.S. CUSTOMS AND BORDER PROTECTION of which $45,000,000 shall be for the hiring of curred in providing services to such aliens on 30 additional Immigration Judge Teams, of OPERATIONS AND SUPPORT or after January 1, 2019: Provided further, which $10,000,000 shall be used for the pur- For an additional amount for ‘‘Operations That such amount is designated by the Con- chase or lease of immigration judge court- and Support’’ for necessary expenses to re- gress as being for an emergency requirement room space and equipment, and of which spond to the significant rise in aliens at the pursuant to section 251(b)(2)(A)(i) of the Bal- $10,000,000 shall be used only for services and southwest border and related activities, anced Budget and Emergency Deficit Control activities provided by the Legal Orientation $1,015,431,000; of which $819,950,000 shall be Act of 1985.

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GENERAL PROVISIONS—THIS TITLE SEC. 306. The personnel, supplies, or equip- Unaccompanied Alien Children program and SEC. 301. Notwithstanding any other provi- ment of any component of the Department of for the development of a discharge rate im- sion of law, funds made available under each Homeland Security may be deployed to sup- provement plan which shall be submitted to heading in this title shall only be used for port activities of the Department of Home- the Committees on Appropriations of the the purposes specifically described under land Security related to the significant rise House of Representatives and the Senate that heading. in aliens at the southwest border and related within 120 days of enactment of this Act: SEC. 302. Division A of the Consolidated activities, and for the enforcement of immi- Provided further, That of the amounts pro- Appropriations Act, 2019 (Public Law 116–6) gration and customs laws, detention and re- vided under this heading, $5,000,000 shall be is amended by adding after section 540 the movals of aliens crossing the border unlaw- transferred to ‘‘Office of the Secretary—Of- following: fully, and investigations without reimburse- fice of Inspector General’’ and shall remain ‘‘SEC. 541. (a) Section 831 of the Homeland ment as jointly agreed by the detailing com- available until expended for oversight of ac- Security Act of 2002 (6 U.S.C. 391) shall be ap- ponents. tivities supported with funds appropriated plied— TITLE IV under this heading: Provided further, That such amount is designated by the Congress ‘‘(1) In subsection (a), by substituting ‘Sep- DEPARTMENT OF HEALTH AND HUMAN as being for an emergency requirement pur- tember 30, 2019,’ for ‘September 30, 2017,’; and SERVICES ‘‘(2) In subsection (c)(1), by substituting suant to section 251(b)(2)(A)(i) of the Bal- ADMINISTRATION FOR CHILDREN AND FAMILIES ‘September 30, 2019,’ for ‘September 30, 2017’. anced Budget and Emergency Deficit Control ‘‘(b) The Secretary of Homeland Security, REFUGEE AND ENTRANT ASSISTANCE Act of 1985. under the authority of section 831 of the For an additional amount for ‘‘Refugee and GENERAL PROVISIONS—THIS TITLE Homeland Security Act of 2002 (6 U.S.C. Entrant Assistance’’, $2,881,552,000, to be SEC. 401. The Secretary of Health and 391(a)), may carry out prototype projects merged with and available for the same pe- Human Services (the ‘‘Secretary’’) shall under section 2371b of title 10, United States riod as funds appropriated in Public Law 115– prioritize use of community-based residen- Code, and the Secretary shall perform the 245 ‘‘for carrying out such sections 414, 501, tial care (including long-term and transi- functions of the Secretary of Defense as pre- 462, and 235’’, which shall be available for tional foster care and small group homes) scribed. any purpose funded under such heading in and shelter care other than large-scale insti- ‘‘(c) The Secretary of Homeland Security such law: Provided, That if any part of the re- tutional shelter facilities to house unaccom- under section 831 of the Homeland Security programming described in the notification panied alien children in its custody. The Sec- Act of 2002 (6 U.S.C. 391(d)) may use the defi- submitted by the Secretary of Health and retary shall prioritize State-licensed and nition of nontraditional government con- Human Services (the ‘‘Secretary’’) to the hard-sided dormitories. tractor as defined in section 2371b(e) of title Committees on Appropriations of the House 10, United States Code.’’. of Representatives and the Senate on May 16, SEC. 402. The Office of Refugee Resettle- ment shall ensure that its grantees and, to SEC. 303. None of the funds provided in this 2019 has been executed, such amounts pro- Act under ‘‘U.S. Customs and Border Protec- vided by this Act as are necessary shall be the greatest extent practicable, potential tion—Operations and Support’’ for facilities used to reverse such reprogramming: Pro- sponsors of unaccompanied alien children shall be available until U.S. Customs and vided further, That amounts allocated by the are aware of current law regarding the use of Border Protection establishes policies (via Secretary for costs of leases of property that information collected as part of the sponsor directive, procedures, guidance, and/or include facilities to be used as hard-sided suitability determination process. memorandum) and training programs to en- dormitories for which the Secretary intends SEC. 403. (a) None of the funds provided by sure that such facilities adhere to the Na- to seek State licensure for the care of unac- this or any prior appropriations Act may be tional Standards on Transport, Escort, De- companied alien children, and that are exe- used to reverse changes in procedures made tention, and Search, published in October of cuted under authorities transferred to the by operational directives issued to providers 2015: Provided, That not later than 90 days Director of the Office of Refugee Resettle- by the Office of Refugee Resettlement on De- after the date of enactment of this Act, U.S. ment (ORR) under section 462 of the Home- cember 18, 2018, March 23, 2019, and June 10, Customs and Border Protection shall provide land Security Act of 2002, shall remain avail- 2019 regarding the Memorandum of Agree- a detailed report to the Committees on Ap- able until expended: Provided further, That ment on Information Sharing executed April propriations of the Senate and the House of ORR shall notify the Committees on Appro- 13, 2018. Representatives, the Committee on the Judi- priations of the House of Representatives (b) Notwithstanding subsection (a), the ciary of the Senate, and the House Judiciary and the Senate within 72 hours of conducting Secretary may make changes to such oper- Committee regarding the establishment and a formal assessment of a facility for possible ational directives upon making a determina- implementation of such policies and training lease or acquisition and within 7 days of any tion that such changes are necessary to pre- programs. acquisition or lease of real property: Provided vent unaccompanied alien children from SEC. 304. No later than 30 days after the further, That not less than $866,000,000 of being placed in danger, and the Secretary date of enactment of this Act, the Secretary amounts provided under this heading shall shall provide a written justification to Con- of Homeland Security shall provide a report be used for the provision of care in licensed gress and the Inspector General of the De- on the number of U.S. Customs and Border shelters and for expanding the supply of shel- partment of Health and Human Services in Protection Officers assigned to northern bor- ters for which State licensure will be sought, advance of implementing such changes. der land ports of entry and temporarily as- of which not less than $27,000,000 shall be (c) Within 15 days of the Secretary’s com- signed to the ongoing humanitarian crisis: available for the purposes of adding shelter munication of the justification, the Inspec- Provided, That the report shall outline what beds in State-licensed facilities in response tor General of the Department of Health and resources and conditions would allow a re- to funding opportunity HHS–2017–ACF–ORR– Human Services shall provide an assessment, turn to northern border staffing levels that ZU–1132, and of which not less than in writing, to the Secretary and to Commit- are no less than the number committed in $185,000,000 shall be available for expansion tees on Appropriations of the House of Rep- the June 12, 2018 Department of Homeland grants to add beds in State-licensed facilities resentatives and the Senate of whether such Security Northern Border Strategy: Provided and open new State-licensed facilities, and changes to operational directives are nec- further, That the report shall include the for contract costs to acquire, activate, and essary to prevent unaccompanied children number of officers temporarily assigned to operate facilities that will include small- from being placed in danger. the southwest border in response to the on- and medium-scale hard-sided facilities for SEC. 404. None of the funds made available going humanitarian crisis, the number of which the Secretary intends to seek State li- in this Act under the heading ‘‘Department days the officers will be away from their censure in an effort to phase out the need for of Health and Human Services—Administra- northern border assignment, the northern shelter beds in unlicensed facilities: Provided tion for Children and Families—Refugee and border ports from which officers are being further, That not less than $100,000,000 of Entrant Assistance’’ may be obligated to a assigned to the southwest border, and efforts amounts provided under this heading shall grantee or contractor to house unaccom- being made to limit the impact on oper- be used for post-release services, child advo- panied alien children (as such term is defined ations at each northern border land port of cates, and legal services: Provided further, in section 462(g)(2) of the Homeland Security entry where officers have been temporarily That not less than $8,000,000 of amounts pro- Act of 2002 (6 U.S.C. 279(g)(2))) in any facility assigned to the southwest border. vided under this heading shall be used for the that is not State-licensed for the care of un- SEC. 305. None of the funds appropriated or purposes of hiring additional Federal Field accompanied alien children, except in the otherwise made available by this Act or divi- Specialists and for increasing case manage- case that the Secretary determines that sion A of the Consolidated Appropriations ment and case coordination services, with housing unaccompanied alien children in Act, 2019 (Public Law 116–6) for the Depart- the goal of more expeditiously placing unac- such a facility is necessary on a temporary ment of Homeland Security may be used to companied alien children with sponsors and basis due to an influx of such children or an relocate to the National Targeting Center reducing the length of stay in ORR custody: emergency, provided that— the vetting of Trusted Traveler Program ap- Provided further, That not less than $1,000,000 (1) the terms of the grant or contract for plications and operations currently carried of amounts provided under this heading shall the operations of any such facility that re- out at existing locations unless specifically be used for the purposes of hiring project of- mains in operation for more than six con- authorized by a statute enacted after the ficers and program monitor staff dedicated secutive months shall require compliance date of enactment of this Act. to pursuing strategic improvements to the with—

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(A) the same requirements as licensed SEC. 407. None of the funds made available obligation beyond the current fiscal year un- placements, as listed in Exhibit 1 of the Flo- in this Act may be used to prevent a United less expressly so provided herein. res Settlement Agreement that the Sec- States Senator or Member of the House of SEC. 503. Unless otherwise provided for by retary determines are applicable to non- Representatives from entering, for the pur- this Act, the additional amounts appro- State licensed facilities; and pose of conducting oversight, any facility in priated by this Act to appropriations ac- (B) staffing ratios of one (1) on-duty Youth the United States used for the purpose of counts shall be available under the authori- Care Worker for every eight (8) children or maintaining custody of, or otherwise hous- ties and conditions applicable to such appro- youth during waking hours, one (1) on-duty ing, unaccompanied alien children (as de- priations accounts for fiscal year 2019. Youth Care Worker for every sixteen (16) fined in section 462(g)(2) of the Homeland Se- SEC. 504. Each amount designated in this children or youth during sleeping hours, and curity Act of 2002 (6 U.S.C. 279(g)(2))), pro- Act by the Congress as being for an emer- clinician ratios to children (including men- vided that such Senator or Member has co- gency requirement pursuant to section tal health providers) as required in grantee ordinated the oversight visit with the Office 251(b)(2)(A)(i) of the Balanced Budget and cooperative agreements; of Refugee Resettlement not less than two Emergency Deficit Control Act of 1985 shall (2) the Secretary may grant a 60-day waiv- business days in advance to ensure that such be available (or rescinded or transferred, if er for a contractor’s or grantee’s non-compli- visit would not interfere with the operations applicable) only if the President subse- ance with paragraph (1) if the Secretary cer- (including child welfare and child safety op- quently so designates all such amounts and tifies and provides a report to Congress on erations) of such facility. transmits such designations to the Congress. the contractor’s or grantee’s good-faith ef- SEC. 408. Not later than 14 days after the SEC. 505. Any amount appropriated by this forts and progress towards compliance; date of enactment of this Act, and monthly Act, designated by the Congress as an emer- (3) not more than four consecutive waivers thereafter, the Secretary shall submit to the gency requirement pursuant to section under paragraph (2) may be granted to a con- Committees on Appropriations of the House 251(b)(2)(A)(i) of the Balanced Budget and tractor or grantee with respect to a specific of Representatives and the Senate, and make Emergency Deficit Control Act of 1985 and facility; publicly available online, a report with re- subsequently so designated by the President, (4) ORR shall ensure full adherence to the spect to children who were separated from and transferred pursuant to transfer authori- monitoring requirements set forth in section their parents or legal guardians by the De- ties provided by this Act shall retain such 5.5 of its Policies and Procedures Guide as of partment of Homeland Security (DHS) (re- designation. May 15, 2019; gardless of whether or not such separation SEC. 506. Not later than 180 days after the (5) for any such unlicensed facility in oper- was pursuant to an option selected by the date of the enactment of this Act, the Comp- ation for more than three consecutive children, parents, or guardians), subse- troller General of the United States shall months, ORR shall conduct a minimum of quently classified as unaccompanied alien submit a report to the Committees on Appro- one comprehensive monitoring visit during children, and transferred to the care and cus- priations of the House of Representatives the first three months of operation, with tody of ORR during the previous month. and the Senate on the number of asylum offi- quarterly monitoring visits thereafter; and Each report shall contain the following in- cers and immigration judges, including tem- (6) not later than 60 days after the date of formation: porary immigration judges, and the cor- enactment of this Act, ORR shall brief the (1) the number and ages of children so sep- responding number of support staff nec- Committees on Appropriations of the House arated subsequent to apprehension at or be- essary— of Representatives and the Senate outlining tween ports of entry, to be reported by sector (1) to fairly and effectively make credible the requirements of ORR for influx facilities where separation occurred; and fear determinations with respect to individ- including any requirement listed in para- (2) the documented cause of separation, as uals within family units and unaccompanied graph (1)(A) that the Secretary has deter- reported by DHS when each child was re- alien children; mined are not applicable to non-State li- ferred. (2) to ensure that the credible fear deter- censed facilities. SEC. 409. Funds made available in this Act mination and asylum interview is completed SEC. 405. In addition to the existing Con- under the heading ‘‘Department of Health not later than 20 days after the date on gressional notification for formal site assess- and Human Services—Administration for which a family unit is apprehended; and ments of potential influx facilities, the Sec- Children and Families—Refugee and Entrant (3) to fairly and effectively review appeals retary shall notify the Committees on Ap- Assistance’’ shall be subject to the authori- of credible fear determinations with respect propriations of the House of Representatives ties and conditions of section 224 of division to individuals within family units and unac- and the Senate at least 15 days before A of the Consolidated Appropriations Act, companied alien children. operationalizing an unlicensed facility, and 2019 (Public Law 116–6). In addition, the report shall determine if shall (1) specify whether the facility is hard- SEC. 410. Not later than 30 days after the there is any physical infrastructure such as sided or soft-sided, and (2) provide analysis date of enactment of this Act, the Secretary hearing or courtroom space needed to that indicates that, in the absence of the in- shall submit to the Committees on Appro- achieve these goals. flux facility, the likely outcome is that un- priations of the House of Representatives This Act may be cited as the ‘‘Emergency accompanied alien children will remain in and the Senate a detailed spend plan of an- Supplemental Appropriations for Humani- the custody of the Department of Homeland ticipated uses of funds made available in this tarian Assistance and Security at the South- Security for longer than 72 hours or that un- account, including the following: a list of ex- ern Border Act, 2019’’. accompanied alien children will be otherwise isting grants and contracts for both perma- placed in danger. Within 60 days of bringing nent and influx facilities, including their SA 902. Mr. PAUL proposed an such a facility online, and monthly there- costs, capacity, and timelines; costs for ex- amendment to amendment SA 901 pro- after, the Secretary shall provide to the panding capacity through the use of commu- posed by Mr. SHELBY to the bill H.R. Committees on Appropriations of the House nity-based residential care placements (in- of Representatives and the Senate a report 3401, making emergency supplemental cluding long-term and transitional foster appropriations for the fiscal year end- detailing the total number of children in care and small group homes) through new or care at the facility, the average length of modified grants and contracts; current and ing September 30, 2019, and for other stay and average length of care of children planned efforts to expand small-scale shel- purposes; as follows: at the facility, and, for any child that has ters and available foster care placements, in- At the appropriate place, insert the fol- been at the facility for more than 60 days, cluding collaboration with state child wel- lowing: their length of stay and reason for delay in fare providers; influx facilities being as- SEC. lll. Of the unobligated balances for fiscal release. sessed for possible use, costs and services to year 2019, there are hereby rescinded— SEC. 406. (a) The Secretary shall ensure be provided for legal services, child advo- (1) all of the amounts for the East-West that, when feasible, no unaccompanied alien cates, and post release services; program ad- Center; child is at an unlicensed facility if the ministration; and the average number of (2) all of the amounts for the Inter-Amer- child— weekly referrals and discharge rate assumed ican Foundation; and (1) is not expected to be placed with a spon- in the spend plan: Provided, That such plan (3) from the amounts appropriated under sor within 30 days; shall be updated to reflect changes and ex- title III of the Department of State, Foreign (2) is under the age of 13; penditures and submitted to the Committees Operations, and Related Programs Appro- (3) does not speak English or Spanish as on Appropriations of the House of Represent- priations Act, 2019 (division F of Public Law his or her preferred language; atives and the Senate every 60 days until all 116–6), an amount equal to the difference be- (4) has known special needs, behavioral funds are expended or expired. tween $4,586,000,000 and the sum of the health issues, or medical issues that would TITLE V amounts rescinded under paragraphs (1) and be better served at an alternative facility; (2). (5) is a pregnant or parenting teen; or GENERAL PROVISIONS—THIS ACT (6) would have a diminution of legal serv- SEC. 501. Each amount appropriated or SA 903. Mr. BROWN (for himself and ices as a result of the transfer to such an un- made available by this Act is in addition to Mr. PORTMAN) submitted an amend- licensed facility. amounts otherwise appropriated for the fis- (b) ORR shall notify a child’s attorney of cal year involved. ment intended to be proposed to record in advance of any transfer, where ap- SEC. 502. No part of any appropriation con- amendment SA 764 proposed by Mr. plicable. tained in this Act shall remain available for INHOFE to the bill S. 1790, to authorize

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.045 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE S4584 CONGRESSIONAL RECORD — SENATE June 26, 2019 appropriations for fiscal year 2020 for of the Senate on Wednesday, June 26, the preamble be agreed to, and the mo- military activities of the Department 2019, at 10 a.m., to conduct a hearing on tions to reconsider be considered made of Defense, for military construction, the following nominations: Peter Jo- and laid upon the table with no inter- and for defense activities of the De- seph Phipps, to be United States Cir- vening action or debate. partment of Energy, to prescribe mili- cuit Judge for the Third Circuit, The PRESIDING OFFICER. Without tary personnel strengths for such fiscal Charles R. Eskridge III, to be United objection, it is so ordered. year, and for other purposes; which was States District Judge for the Southern The resolution (S. Res. 266) was ordered to lie on the table; as follows: District of Texas, William Shaw Stick- agreed to. At the end of subtitle D of title III, add the man IV, to be United States District The preamble was agreed to. following: Judge for the Western District of Penn- (The resolution, with its preamble, is SEC. 342. REPORT ON COSTS AND BENEFITS OF sylvania, Jennifer Philpott Wilson, to printed in today’s RECORD under ‘‘Sub- MAINTAINING A SPECIFIED NUMBER be United States District Judge for the mitted Resolutions.’’) OF PRIMARY AIRCRAFT AUTHOR- Middle District of Pennsylvania, and IZED FOR EACH TYPE OF AIR FORCE f Wilmer Ocasio, to be United States SQUADRON. FAIRNESS FOR BREASTFEEDING Marshal for the District of Puerto (a) IN GENERAL.—Not later than 180 days MOTHERS ACT OF 2019 after the date of the enactment of this Act, Rico, Department of Justice. the Secretary of the Air Force shall submit COMMITTEE ON SMALL BUSINESS AND Mr. INHOFE. Mr. President, I ask to the congressional defense committees a ENTREPRENEURSHIP unanimous consent that the Com- report on the costs and benefits of maintain- The Committee on Small Business mittee on Environment and Public ing a specified number of primary aircraft and Entrepreneurship is authorized to Works be discharged from further con- authorized for each type of Air Force squad- meet during the session of the Senate sideration of S. 528 and that the Senate ron. proceed to its immediate consider- (b) REQUIREMENTS FOR AIR FORCE RE- on Wednesday, June 26, 2019, at 2:30 ation. SERVE.—The report required under sub- p.m., to conduct a hearing. The PRESIDING OFFICER. The section (a) shall specifically detail the re- SUBCOMMITTEE ON WATER AND POWER quirements for specialty mission units of the The Subcommittee on Water and clerk will report the bill by title. The senior assistant legislative clerk Air Force Reserve. Power of the Committee on Commerce, read as follows: f Science, and Transportation is author- A bill (S. 528) to amend title 40, United AUTHORITY FOR COMMITTEES TO ized to meet during the session of the Senate on Wednesday, June 26, 2019, at States Code, to provide a lactation room in MEET public buildings, and for other purposes. 10 a.m., to conduct a hearing. Mr. MCCONNELL. Mr. President, I There being no objection, the com- f have 7 requests for committees to meet mittee was discharged, and the Senate during today’s session of the Senate. PRIVILEGES OF THE FLOOR proceeded to consider the bill. They have the approval of the Majority Mr. LEAHY. Mr. President, I ask Mr. INHOFE. I ask unanimous con- and Minority leaders. unanimous consent that David sent that the bill be considered read a Pursuant to rule XXVI, paragraph Rubenstein, an intern with the Appro- third time. 5(a), of the Standing Rules of the Sen- priations Committee, be granted floor The PRESIDING OFFICER. Is there ate, the following committees are au- privileges for the length of the current objection? thorized to meet during today’s session debate on H.R. 3401, the Emergency Without objection, it is so ordered. of the Senate: Supplemental Appropriations for Hu- The bill was ordered to be engrossed COMMITTEE ON COMMERCE, SCIENCE, AND manitarian Assistance and Security at for a third reading and was read the TRANSPORTATION the Southern Border Act, 2019. third time. The Committee on Commerce, The PRESIDING OFFICER. Without Mr. INHOFE. I know of no further de- Science, and Transportation is author- objection, it is so ordered. bate on the bill. ized to meet during the session of the Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. Is there Senate on Wednesday, June 26, 2019, at unanimous consent that my intern, further debate? 10 a.m., to conduct a hearing. Tyler White, be granted privileges of If not, the bill having been read the third time, the question is, Shall the COMMITTEE ON ENERGY AND NATURAL the floor for the balance of today. RESOURCES The PRESIDING OFFICER. Without bill pass? The bill (S. 528) was passed, as fol- The Committee on Energy and Nat- objection, it is so ordered. lows: ural Resources is authorized to meet Mr. SULLIVAN. Mr. President, I ask during the session of the Senate on unanimous consent that my Coast S. 528 Wednesday, June 26, 2019, during sched- Guard fellow, Thomas Mansour, be Be it enacted by the Senate and House of Rep- ule votes, to conduct a hearing on the granted Senate floor privileges until resentatives of the United States of America in Congress assembled, following nominations: Daniel Habib the end of the week. Jorjani, of Kentucky, to be Solicitor, The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. objection, it is so ordered. This Act may be cited as the ‘‘Fairness For and Mark Lee Greenblatt, of Maryland, Breastfeeding Mothers Act of 2019’’. to be Inspector General, both of the De- f SEC. 2. LACTATION ROOMS IN PUBLIC BUILD- partment of the Interior. CONGRATULATING THE ST. LOUIS INGS. COMMITTEE ON HEALTH, EDUCATION, LABOR, BLUES FOR WINNING THE 2019 (a) IN GENERAL.—Chapter 33 of title 40, AND PENSIONS STANLEY CUP FINAL United States Code, is amended— The Committee on Health, Edu- (1) by redesignating sections 3315, 3316, and Mr. INHOFE. Mr. President, I ask 3317 as sections 3316, 3317, and 3318, respec- cation, Labor, and Pensions is author- unanimous consent that the Senate ized to meet during the session of the tively; and proceed to the consideration of S. Res. (2) by inserting after section 3314 the fol- Senate on Wednesday, June 26, 2019, at 266, submitted earlier today. lowing: 10:30 a.m., to conduct a hearing on The PRESIDING OFFICER. The ‘‘§ 3315. Lactation rooms in public buildings pending legislation and nominations. clerk will report the resolution by ‘‘(a) DEFINITIONS.—In this section: COMMITTEE ON HOMELAND SECURITY AND title. ‘‘(1) APPROPRIATE AUTHORITY.—The term GOVERNMENTAL AFFAIRS The senior assistant legislative clerk ‘appropriate authority’ means— The Committee on Homeland Secu- read as follows: ‘‘(A) the head of a Federal agency; rity and Governmental Affairs is au- A resolution (S. Res. 266) congratulating ‘‘(B) the Architect of the Capitol; and thorized to meet during the session of the St. Louis Blues for winning the 2019 ‘‘(C) another official authority responsible the Senate on Wednesday, June 26, 2019, Stanley Cup Final. for the operation of a public building. at 9:30 a.m., to conduct a hearing. ‘‘(2) COVERED PUBLIC BUILDING.— There being no objection, the Senate ‘‘(A) IN GENERAL.—The term ‘covered pub- COMMITTEE ON THE JUDICIARY proceeded to consider the resolution. lic building’ means a public building that— The Committee on the Judiciary is Mr. INHOFE. I ask unanimous con- ‘‘(i) is open to the public; and authorized to meet during the session sent that the resolution be agreed to, ‘‘(ii) contains a public restroom.

VerDate Sep 11 2014 08:00 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JN6.043 S26JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 26, 2019 CONGRESSIONAL RECORD — SENATE S4585 ‘‘(B) INCLUSION.—The term ‘covered public The PRESIDING OFFICER. Without ate completes its business today, it ad- building’ includes a building listed in section objection, it is so ordered. journ until 9:30 a.m., Thursday, June 5101 or 6301. f 27; further, that following the prayer ‘‘(3) LACTATION ROOM.—The term ‘lactation and pledge, the morning hour be room’ means a hygienic place, other than a FAIRNESS FOR BREASTFEEDING deemed expired, the Journal of pro- bathroom, that— MOTHERS ACT OF 2019 ‘‘(A) is shielded from view; ceedings be approved to date, the time ‘‘(B) is free from intrusion; and Mr. INHOFE. Mr. President, I ask for the two leaders be reserved for their ‘‘(C) contains— unanimous consent that the Com- use later in the day, morning business ‘‘(i) a chair; mittee on Environment and Public be closed, and the Senate resume con- ‘‘(ii) a working surface; and Works be discharged from further con- sideration of S. 1790. ‘‘(iii) if the public building is supplied with sideration of H.R. 866 and the Senate The PRESIDING OFFICER. Without electricity, an electrical outlet. proceed to its immediate consider- objection, it is so ordered. ‘‘(b) LACTATION ROOMS REQUIRED.—Except ation. as provided in subsection (c), the appropriate f authority of a covered public building shall The PRESIDING OFFICER. The ensure that the building contains a lactation clerk will report the bill by title. room that is made available for use by mem- The senior assistant legislative clerk ADJOURNMENT UNTIL 9:30 A.M. bers of the public to express breast milk. read as follows: TOMORROW ‘‘(c) EXCEPTIONS.—A covered public build- A bill (H.R. 866) to provide a lactation Mr. INHOFE. Mr. President, if there ing may be excluded from the requirement in room in public buildings is no further business to come before subsection (b) at the discretion of the appro- There being no objection, the com- the Senate, I ask that it stand ad- priate authority if— ‘‘(1) the public building— mittee was discharged and the Senate journed under the previous order. ‘‘(A) does not contain a lactation room for proceeded to consider the bill. There being no objection, the Senate, employees who work in the building; and Mr. INHOFE. Mr. President, I ask at 7:14 p.m., adjourned until Thursday, ‘‘(B) does not have a room that could be unanimous consent that the bill be June 27, 2019, at 9:30 a.m. repurposed as a lactation room or a space considered read a third time. that could be made private using portable The PRESIDING OFFICER. Is there f materials, at a reasonable cost; or objection? ‘‘(2) new construction would be required to Without objection, it is so ordered. NOMINATIONS create a lactation room in the public build- The bill was ordered to a third read- Executive nominations received by ing and the cost of the construction is not ing and was read the third time. feasible. the Senate: ‘‘(d) NO UNAUTHORIZED ENTRY.—Nothing in Mr. INHOFE. Mr. President, I know DEPARTMENT OF DEFENSE of no further debate on the bill. this section authorizes an individual to enter DANA S. DEASY, OF VIRGINIA, TO BE CHIEF INFORMA- a public building or portion of a public build- The PRESIDING OFFICER. Is there TION OFFICER OF THE DEPARTMENT OF DEFENSE. (NEW ing that the individual is not otherwise au- further debate? POSITION) thorized to enter.’’. Hearing none, the bill having been NATIONAL INDIAN GAMING COMMISSION (b) TECHNICAL AMENDMENT.—The table of read the third time, the question is, E. SEQUOYAH SIMERMEYER, OF MARYLAND, TO BE sections for chapter 33 of title 40, United Shall the bill pass? CHAIRMAN OF THE NATIONAL INDIAN GAMING COMMIS- States Code, is amended by striking the SION FOR THE TERM OF THREE YEARS, VICE JONODEV The bill (H.R. 866) was passed. OSCEOLA CHAUDHURI, TERM EXPIRED. items relating to sections 3315 through 3317 and inserting the following: Mr. INHOFE. Mr. President, I ask unanimous consent that the motion to f ‘‘3315. Lactation rooms in public buildings. reconsider be considered made and laid ‘‘3316. Delegation. WITHDRAWAL ‘‘3317. Report to Congress. upon the table. ‘‘3318. Certain authority not affected.’’. The PRESIDING OFFICER. Without Executive Message transmitted by (c) EFFECTIVE DATE.—The amendments objection, it is so ordered. the President to the Senate on June 26, made by this section shall take effect 1 year f 2019 withdrawing from further Senate after the date of enactment of this Act. consideration the following nomina- Mr. INHOFE. I ask unanimous con- ORDERS FOR THURSDAY, JUNE 27, tion: sent that the motion to reconsider be 2019 MICHAEL S. BOGREN, OF MICHIGAN, TO BE UNITED considered made and laid upon the Mr. INHOFE. Mr. President, I ask STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MICHIGAN, VICE ROBERT HOLMES BELL, RETIRED, table. unanimous consent that when the Sen- WHICH WAS SENT TO THE SENATE ON MARCH 11, 2019.

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