Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

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

Vol. 166 WASHINGTON, MONDAY, SEPTEMBER 21, 2020 No. 163 House of Representatives The House met at noon and was EXPRESSING THE PROFOUND SOR- Upon arrival, she is to present her cre- called to order by the Speaker. ROW OF THE HOUSE OF REP- dentials to the duly elected President RESENTATIVES ON THE DEATH of the Republic of Belarus. f OF THE HONORABLE RUTH Today, I am calling upon President BADER GINSBURG Trump and Secretary of State Mike PRAYER Mrs. DINGELL. Madam Speaker, I Pompeo to ensure that these credentials be presented to the duly elected The Chaplain, the Reverend Patrick offer a privileged resolution and ask for its immediate consideration. President of the Republic of Belarus, J. Conroy, offered the following prayer: Svetlana Tikhanovskaya. Lord, merciful God, we give You The Clerk read the resolution, as follows: A republic is a government having a thanks for giving us another day. chief of state who is not a monarch or H. RES. 1128 We give You thanks for the life and a dictator and who, in modern times, is work of Justice Ruth Ginsburg. May Resolved, That the House has heard with a president duly elected by the people. all Americans be inspired to be their profound sorrow of the death of the Honor- able Ruth Bader Ginsburg, Associate Justice Svetlana clearly won the election, and best selves because of her example. her massive support continues to show May she rest in peace. of the Supreme Court of the United States. Resolved, That the House tenders its deep itself by the peaceful protests num- Bless those throughout our Nation sympathy to the members of the family of bering over 100,000 citizens. who are suffering from the pandemic, the late Associate Justice in their bereave- Another option would be for her to fires, hurricanes, and flooding. Their ment, present her credentials to the gov- needs continue. Impel our political Resolved, That the Clerk communicate erning council, which will help transi- leaders to tend to those needs with these resolutions to the Senate and to the tion the country to fair and free elec- speed and wisdom. Supreme Court and transmit a copy of the same to the family of the late Associate Jus- tions within 6 months. Help us to be people of faith and Madam Speaker, I call upon all of our hope. Lord, have mercy. tice. Resolved, That when the House adjourns democratic allies to do the same. May all that is done in the days to today, it adjourn as a further mark of re- f come be for Your greater honor and spect to the memory of the late Associate glory. Justice. ANNOUNCEMENT BY THE SPEAKER Amen. The resolution was agreed to. PRO TEMPORE A motion to reconsider was laid on The SPEAKER pro tempore (Mrs. f the table. DINGELL). Pursuant to clause 8 of rule f XX, the Chair will postpone further THE JOURNAL proceedings today on motions to sus- ANNOUNCEMENT BY THE SPEAKER pend the rules on which the yeas and The SPEAKER. Pursuant to section The SPEAKER. The Chair will enter- nays are ordered. 4(a) of House Resolution 967, the Jour- tain up to 15 requests for 1-minute The House will resume proceedings nal of the last day’s proceedings is ap- speeches on each side of the aisle. on postponed questions at a later time. proved. f f f CONFIRMING JULIE FISHER TO BE PRACTICAL REFORMS AND OTHER AMBASSADOR TO REPUBLIC OF GOALS TO REINFORCE THE EF- PLEDGE OF ALLEGIANCE BELARUS FECTIVENESS OF SELF-GOVERN- ANCE AND SELF-DETERMINA- The SPEAKER. Will the gentle- (Mr. SHIMKUS asked and was given permission to address the House for 1 TION FOR INDIAN TRIBES ACT woman from Wyoming (Ms. CHENEY) OF 2019 come forward and lead the House in the minute and to revise and extend his re- Pledge of Allegiance. marks.) Ms. HAALAND. Madam Speaker, I Ms. CHENEY led the Pledge of Alle- Mr. SHIMKUS. Madam Speaker, Ms. move to suspend the rules and pass the giance as follows: Julie Fisher is our nominee to be the bill (S. 209) to amend the Indian Self- I pledge allegiance to the Flag of the U.S. Ambassador to the Republic of Determination and Education Assist- United States of America, and to the Repub- Belarus. A confirmation vote is sched- ance Act to provide further self-govern- lic for which it stands, one nation under God, uled for tomorrow in the committee. ance by Indian Tribes, and for other indivisible, with liberty and justice for all. Once confirmed, she leaves for her post. purposes.

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

H4549

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.000 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4550 CONGRESSIONAL RECORD — HOUSE September 21, 2020 The Clerk read the title of the bill. dertaking relating to the administration, new Indian Tribes per year from those tribes The text of the bill is as follows: planning, environmental determination, de- eligible under subsection (c) to participate in S. 209 sign, construction, repair, improvement, or self-governance. expansion of roads, bridges, buildings, struc- ‘‘(B) JOINT PARTICIPATION.—On the request Be it enacted by the Senate and House of Rep- tures, systems, or other facilities for pur- of each participating Indian Tribe, 2 or more resentatives of the United States of America in poses of housing, law enforcement, deten- otherwise eligible Indian Tribes may be Congress assembled, tion, sanitation, water supply, education, ad- treated as a single Indian Tribe for the pur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ministration, community, health, irrigation, pose of participating in self-governance. (a) SHORT TITLE.—This Act may be cited as agriculture, conservation, flood control, ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR the ‘‘Practical Reforms and Other Goals To transportation, or port facilities, or for other TRIBAL ORGANIZATION.—If an Indian Tribe au- Reinforce the Effectiveness of Self-Govern- Tribal purposes. thorizes another Indian Tribe or a Tribal or- ance and Self-Determination for Indian ‘‘(3) DEPARTMENT.—The term ‘Department’ ganization to plan for or carry out a program Tribes Act of 2019’’ or the ‘‘PROGRESS for means the Department of the Interior. on its behalf under this title, the authorized Indian Tribes Act’’. ‘‘(4) FUNDING AGREEMENT.—The term ‘fund- Indian Tribe or Tribal organization shall (b) TABLE OF CONTENTS.—The table of con- ing agreement’ means a funding agreement have the rights and responsibilities of the tents of this Act is as follows: entered into under section 403. authorizing Indian Tribe (except as other- Sec. 1. Short title; table of contents. ‘‘(5) GROSS MISMANAGEMENT.—The term wise provided in the authorizing resolution). TITLE I—TRIBAL SELF-GOVERNANCE ‘gross mismanagement’ means a significant ‘‘(3) JOINT PARTICIPATION AS ORGANIZA- TION.—Two or more Indian Tribes that are Sec. 101. Tribal self-governance. violation, shown by a preponderance of the evidence, of a compact, funding agreement, not otherwise eligible under subsection (c) TITLE II—INDIAN SELF-DETERMINATION or statutory or regulatory requirement ap- may be treated as a single Indian Tribe for Sec. 201. Definitions; reporting and audit re- plicable to Federal funds for a program ad- the purpose of participating in self-govern- quirements; application of pro- ministered by an Indian Tribe under a com- ance as a Tribal organization if— visions. pact or funding agreement. ‘‘(A) each Indian Tribe so requests; and Sec. 202. Contracts by Secretary of the Inte- ‘‘(6) INHERENT FEDERAL FUNCTION.—The ‘‘(B) the Tribal organization itself, or at rior. term ‘inherent Federal function’ means a least one of the Indian Tribes participating Sec. 203. Administrative provisions. Federal function that may not legally be del- in the Tribal organization, is eligible under Sec. 204. Contract funding and indirect egated to an Indian Tribe. subsection (c). costs. ‘‘(7) NON-BIA PROGRAM.—The term ‘non- ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR- Sec. 205. Contract or grant specifications. BIA program’ means all or a portion of a pro- GANIZATION.— TITLE I—TRIBAL SELF-GOVERNANCE gram, function, service, or activity that is ‘‘(A) IN GENERAL.—An Indian Tribe that withdraws from participation in a Tribal or- SEC. 101. TRIBAL SELF-GOVERNANCE. administered by any bureau, service, office, ganization, in whole or in part, shall be enti- (a) EFFECT OF PROVISIONS.—Nothing in this or agency of the Department of the Interior tled to participate in self-governance if the Act, or the amendments made by this Act, other than— Indian Tribe is eligible under subsection (c). shall be construed— ‘‘(A) the Bureau of Indian Affairs; ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian ‘‘(B) the Office of the Assistant Secretary (1) to modify, limit, expand, or otherwise Tribe withdraws from participation in a for Indian Affairs; or affect— Tribal organization, the Indian Tribe shall ‘‘(C) the Office of the Special Trustee for (A) the authority of the Secretary of the be entitled to its Tribal share of funds and American Indians. Interior, as provided for under the Indian resources supporting the programs that the ‘‘(8) PROGRAM.—The term ‘program’ means Self-Determination and Education Assist- Indian Tribe is entitled to carry out under any program, function, service, or activity ance Act (as in effect on the day before the the compact and funding agreement of the (or portion thereof) within the Department date of enactment of this Act), regarding— Indian Tribe. that is included in a funding agreement. (i) the inclusion of any non-BIA program ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— ‘‘(9) SECRETARY.—The term ‘Secretary’ (as defined in section 401 of the Indian Self- The withdrawal of an Indian Tribe from a means the Secretary of the Interior. Determination and Education Assistance Tribal organization shall not affect the eligi- Act) in a self-determination contract or ‘‘(10) SELF-DETERMINATION CONTRACT.—The bility of the Tribal organization to partici- funding agreement under section 403(c) of term ‘self-determination contract’ means a pate in self-governance on behalf of one or such Act (as so in effect); or self-determination contract entered into more other Indian Tribes, if the Tribal orga- (ii) the implementation of any contract or under section 102. nization still qualifies under subsection (c). ‘‘(11) SELF-GOVERNANCE.—The term ‘self- agreement described in clause (i) that is in ‘‘(D) WITHDRAWAL PROCESS.— effect on the day described in subparagraph governance’ means the Tribal Self-Govern- ‘‘(i) IN GENERAL.—An Indian Tribe may, by (A); ance Program established under section 402. Tribal resolution, fully or partially withdraw (B) the meaning, application, or effect of ‘‘(12) TRIBAL SHARE.—The term ‘Tribal its Tribal share of any program in a funding any Tribal water rights settlement, includ- share’ means the portion of all funds and re- agreement from a participating Tribal orga- ing the performance required of a party sources of an Indian Tribe that— nization. thereto or any payment or funding obliga- ‘‘(A) support any program within the Bu- ‘‘(ii) NOTIFICATION.—The Indian Tribe shall tion thereunder; reau of Indian Affairs, the Office of the Spe- provide a copy of the Tribal resolution de- (C) the authority, jurisdiction, or responsi- cial Trustee for American Indians, or the Of- scribed in clause (i) to the Secretary. bility of a State to manage, control, or regu- fice of the Assistant Secretary for Indian Af- ‘‘(iii) EFFECTIVE DATE.— late fish and wildlife under State law (in- fairs; and ‘‘(I) IN GENERAL.—A withdrawal under cluding regulations) on land or water in the ‘‘(B) are not required by the Secretary for clause (i) shall become effective on the date State, including Federal public land; the performance of an inherent Federal func- that is specified in the Tribal resolution and (D) except for the authority provided to tion. mutually agreed upon by the Secretary, the the Secretary as described in subparagraph ‘‘(13) TRIBAL WATER RIGHTS SETTLEMENT.— withdrawing Indian Tribe, and the Tribal or- (A), the applicability or effect of any Federal The term ‘Tribal water rights settlement’ ganization that signed the compact and law related to the protection or management means any settlement, compact, or other funding agreement on behalf of the with- of fish or wildlife; or agreement expressly ratified or approved by drawing Indian Tribe or Tribal organization. (E) any treaty-reserved right or other right an Act of Congress that— ‘‘(II) NO SPECIFIED DATE.—In the absence of of any Indian Tribe as recognized by any ‘‘(A) includes an Indian Tribe and the a date specified in the resolution, the with- other means, including treaties or agree- United States as parties; and drawal shall become effective on— ments with the United States, Executive or- ‘‘(B) quantifies or otherwise defines any ‘‘(aa) the earlier of— ders, statutes, regulations, or case law; or water right of the Indian Tribe.’’. ‘‘(AA) 1 year after the date of submission (2) to authorize any provision of a contract (c) ESTABLISHMENT.—Section 402 of the In- of the request; and or agreement that is not consistent with the dian Self-Determination and Education As- ‘‘(BB) the date on which the funding agree- terms of a Tribal water rights settlement. sistance Act (25 U.S.C. 5362) is amended to ment expires; or (b) DEFINITIONS.—Section 401 of the Indian read as follows: ‘‘(bb) such date as may be mutually agreed Self-Determination and Education Assist- ‘‘SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. upon by the Secretary, the withdrawing In- ance Act (25 U.S.C. 5361) is amended to read ‘‘(a) ESTABLISHMENT.—The Secretary shall dian Tribe, and the Tribal organization that as follows: establish and carry out a program within the signed the compact and funding agreement ‘‘SEC. 401. DEFINITIONS. Department to be known as the ‘Tribal Self- on behalf of the withdrawing Indian Tribe or ‘‘In this title: Governance Program’. Tribal organization. ‘‘(1) COMPACT.—The term ‘compact’ means ‘‘(b) SELECTION OF PARTICIPATING INDIAN ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian a self-governance compact entered into TRIBES.— Tribe or Tribal organization eligible to enter under section 404. ‘‘(1) IN GENERAL.— into a self-determination contract or a com- ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION ‘‘(A) ELIGIBILITY.—The Secretary, acting pact or funding agreement fully or partially PROJECT.—The term ‘construction program’ through the Director of the Office of Self- withdraws from a participating Tribal orga- or ‘construction project’ means a Tribal un- Governance, may select not more than 50 nization, the withdrawing Indian Tribe—

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.002 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4551 ‘‘(i) may elect to enter into a self-deter- cation Assistance Act (25 U.S.C. 5363) is ‘‘(A) the services to be provided under the mination contract or compact, in which amended— funding agreement; case— (1) by striking subsection (a) and inserting ‘‘(B) the functions to be performed under ‘‘(I) the withdrawing Indian Tribe or Tribal the following: the funding agreement; and organization shall be entitled to its Tribal ‘‘(a) AUTHORIZATION.—The Secretary shall, ‘‘(C) the responsibilities of the Indian Tribe share of unexpended funds and resources sup- on the request of any Indian Tribe or Tribal and the Secretary under the funding agree- porting the programs that the Indian Tribe organization, negotiate and enter into a ment. will be carrying out under its own self-deter- written funding agreement with the gov- ‘‘(3) BASE BUDGET.— mination contract or compact and funding erning body of the Indian Tribe or the Tribal ‘‘(A) IN GENERAL.—A funding agreement agreement (calculated on the same basis as organization in a manner consistent with— shall, at the option of the Indian Tribe, pro- the funds were initially allocated to the ‘‘(1) the trust responsibility of the Federal vide for a stable base budget specifying the funding agreement of the Tribal organiza- Government, treaty obligations, and the gov- recurring funds (which may include funds tion); and ernment-to-government relationship be- available under section 106(a)) to be trans- ‘‘(II) the funds referred to in subclause (I) tween Indian Tribes and the United States; ferred to the Indian Tribe, for such period as shall be withdrawn by the Secretary from and the Indian Tribe specifies in the funding the funding agreement of the Tribal organi- ‘‘(2) subsection (b).’’; agreement, subject to annual adjustment zation and transferred to the withdrawing (2) in subsection (b)— only to reflect changes in congressional ap- Indian Tribe, on the condition that sections (A) in paragraph (1)— propriations. (i) in the matter preceding subparagraph 102 and 105(i), as appropriate, shall apply to ‘‘(B) LIMITATIONS.—Notwithstanding sub- the withdrawing Indian Tribe; or (A), by striking ‘‘without regard to the agen- paragraph (A), a funding agreement shall not ‘‘(ii) may elect not to enter into a self-de- cy or office of the Bureau of Indian Affairs’’ specify funding associated with a program termination contract or compact, in which and inserting ‘‘the Office of the Assistant described in subsection (b)(2) or (c) unless case all unexpended funds and resources as- Secretary for Indian Affairs, and the Office the Secretary agrees. of the Special Trustee for American Indians, sociated with the withdrawing Indian Tribe’s ‘‘(4) NO WAIVER OF TRUST RESPONSIBILITY.— without regard to the agency or office of returned programs (calculated on the same A funding agreement shall prohibit the Sec- that Bureau or those Offices’’; basis as the funds were initially allocated to retary from waiving, modifying, or dimin- (ii) by redesignating subparagraphs (A) and the funding agreement of the Tribal organi- ishing in any way the trust responsibility of (B) as clauses (i) and (ii), respectively, and zation) shall be returned by the Tribal orga- the United States with respect to Indian indenting the margins of such clauses ac- nization to the Secretary for operation of Tribes and individual Indians that exists cordingly; the programs included in the withdrawal. under treaties, Executive orders, court deci- (iii) by striking ‘‘including any program’’ ‘‘(F) RETURN TO MATURE CONTRACT STA- sions, and other laws. and inserting the following: ‘‘including— TUS.—If an Indian Tribe elects to operate all ‘‘(n) AMENDMENT.—The Secretary shall not or some programs carried out under a com- ‘‘(A) any program’’; (iv) in subparagraph (A)— revise, amend, or require additional terms in pact or funding agreement under this title a new or subsequent funding agreement through a self-determination contract under (I) in clause (i), as redesignated by clause (ii), by striking the semicolon at the end and without the consent of the Indian Tribe, un- title I, at the option of the Indian Tribe, the less such terms are required by Federal law. resulting self-determination contract shall inserting ‘‘; and’’; and ‘‘(o) EFFECTIVE DATE.—A funding agree- be a mature self-determination contract as (II) in clause (ii), as so redesignated, by striking ‘‘and’’ after the semicolon; ment shall become effective on the date long as the Indian Tribe meets the require- specified in the funding agreement. ments set forth in section 4(h). (v) by redesignating subparagraph (C) as ‘‘(p) EXISTING AND SUBSEQUENT FUNDING ‘‘(c) ELIGIBILITY.—To be eligible to partici- subparagraph (B); pate in self-governance, an Indian Tribe (vi) in subparagraph (B), as redesignated by AGREEMENTS.— shall— clause (v), by striking the semicolon and in- ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— ‘‘(1) successfully complete the planning serting ‘‘; and’’; and Absent notification from an Indian Tribe phase described in subsection (d); (vii) by adding at the end the following: that the Indian Tribe is withdrawing or ret- ‘‘(2) request participation in self-govern- ‘‘(C) any other program, service, function, roceding the operation of one or more pro- ance by resolution or other official action by or activity (or portion thereof) that is programs identified in a funding agreement, or the Tribal governing body; and vided through the Bureau of Indian Affairs, unless otherwise agreed to by the parties to ‘‘(3) demonstrate, for the 3 fiscal years pre- the Office of the Assistant Secretary for In- the funding agreement or by the nature of ceding the date on which the Indian Tribe re- dian Affairs, or the Office of the Special any noncontinuing program, service, func- quests participation, financial stability and Trustee for American Indians with respect to tion, or activity contained in a funding financial management capability as evi- which Indian Tribes or Indians are primary agreement— denced by the Indian Tribe having no uncor- or significant beneficiaries;’’; ‘‘(A) a funding agreement shall remain in rected significant and material audit excep- (B) in paragraph (2)— full force and effect until a subsequent fund- tions in the required annual audit of its self- (i) by striking ‘‘section 405(c)’’ and inserting agreement is executed, with funding paid determination or self-governance agreeing ‘‘section 412(c)’’; and annually for each fiscal year the agreement ments with any Federal agency. (ii) by inserting ‘‘and’’ after the semicolon is in effect; and ‘‘(d) PLANNING PHASE.— at the end; ‘‘(B) the term of the subsequent funding ‘‘(1) IN GENERAL.—An Indian Tribe seeking (C) in paragraph (3), by striking the semi- agreement shall be retroactive to the end of to begin participation in self-governance colon at the end and inserting a period; and the term of the preceding funding agreement shall complete a planning phase as provided (D) by striking paragraphs (4) through (9); for the purposes of calculating the amount of in this subsection. (3) in subsection (f)— funding to which the Indian Tribe is entitled. ‘‘(2) ACTIVITIES.—The planning phase (A) in the subsection heading, by striking ‘‘(2) DISPUTES.—Disputes over the imple- shall— ‘‘FOR REVIEW’’; mentation of paragraph (1)(A) shall be sub- ‘‘(A) be conducted to the satisfaction of the (B) by striking ‘‘such agreement to—’’ and ject to section 406(c). Indian Tribe; and all that follows through ‘‘Indian tribe’’ and ‘‘(3) EXISTING FUNDING AGREEMENTS.—An ‘‘(B) include— inserting ‘‘such agreement to each Indian Indian Tribe that was participating in self- ‘‘(i) legal and budgetary research; and Tribe’’; governance under this title on the date of en- ‘‘(ii) internal Tribal government planning, (C) by striking ‘‘agreement;’’ and inserting actment of the PROGRESS for Indian Tribes training, and organizational preparation. ‘‘agreement.’’; and Act shall have the option at any time after ‘‘(e) GRANTS.— (D) by striking paragraphs (2) and (3); that date— ‘‘(1) IN GENERAL.—Subject to the avail- (4) in subsection (k), by striking ‘‘section ‘‘(A) to retain its existing funding agree- ability of appropriations, an Indian Tribe or 405(c)(1)’’ and inserting ‘‘section 412(c)’’; and ment (in whole or in part) to the extent that Tribal organization that meets the require- (5) by adding at the end the following: the provisions of that funding agreement are ments of paragraphs (2) and (3) of subsection ‘‘(m) OTHER PROVISIONS.— not directly contrary to any express provi- (c) shall be eligible for grants— ‘‘(1) EXCLUDED FUNDING.—A funding agree- sion of this title; or ‘‘(A) to plan for participation in self-gov- ment shall not authorize an Indian Tribe to ‘‘(B) to negotiate a new funding agreement ernance; and plan, conduct, administer, or receive Tribal in a manner consistent with this title. ‘‘(B) to negotiate the terms of participa- share funding under any program that— ‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An tion by the Indian Tribe or Tribal organiza- ‘‘(A) is provided under the Tribally Con- Indian Tribe may, at the discretion of the In- tion in self-governance, as set forth in a trolled Colleges and Universities Assistance dian Tribe, negotiate with the Secretary for compact and a funding agreement. Act of 1978 (25 U.S.C. 1801 et seq.); or a funding agreement with a term that ex- ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- ‘‘(B) is provided for elementary and sec- ceeds 1 year.’’. ceipt of a grant under paragraph (1) shall not ondary schools under the formula developed (e) GENERAL REVISIONS.—Title IV of the In- be a requirement of participation in self-gov- under section 1127 of the Education Amend- dian Self-Determination and Education As- ernance.’’. ments of 1978 (25 U.S.C. 2007). sistance Act (25 U.S.C. 5361 et seq.) is amend- (d) FUNDING AGREEMENTS.—Section 403 of ‘‘(2) SERVICES, FUNCTIONS, AND RESPONSIBIL- ed by striking sections 404 through 408 and the Indian Self-Determination and Edu- ITIES.—A funding agreement shall specify— inserting the following:

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.001 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4552 CONGRESSIONAL RECORD — HOUSE September 21, 2020 ‘‘SEC. 404. COMPACTS. ‘‘(2) except that, with respect to the re- ‘‘(B) the Indian Tribe does not take correc- ‘‘(a) IN GENERAL.—The Secretary shall ne- allocation, consolidation, and redesign of tive action to remedy the mismanagement of gotiate and enter into a written compact programs described in subsection (b)(2) or (c) the funds or programs, or the imminent jeop- with each Indian Tribe participating in self- of section 403, a joint agreement between the ardy to a trust asset, natural resource, or governance in a manner consistent with the Secretary and the Indian Tribe shall be republic health and safety. trust responsibility of the Federal Govern- quired. ‘‘(3) EXCEPTION.— ment, treaty obligations, and the govern- ‘‘(e) RETROCESSION.— ‘‘(A) IN GENERAL.—Notwithstanding para- ment-to-government relationship between ‘‘(1) IN GENERAL.—An Indian Tribe may graph (2), the Secretary may, on written no- Indian Tribes and the United States. fully or partially retrocede to the Secretary tice to the Indian Tribe, immediately re- ‘‘(b) CONTENTS.—A compact under sub- any program under a compact or funding assume operation of a program if— section (a) shall— agreement. ‘‘(i) the Secretary makes a finding of im- ‘‘(1) specify and affirm the general terms of ‘‘(2) EFFECTIVE DATE.— minent and substantial jeopardy and irrep- the government-to-government relationship ‘‘(A) AGREEMENT.—Unless an Indian Tribe arable harm to a trust asset, a natural re- between the Indian Tribe and the Secretary; rescinds a request for retrocession under source, or the public health and safety and paragraph (1), the retrocession shall become caused by an act or omission of the Indian ‘‘(2) include such terms as the parties in- effective on the date specified by the parties Tribe; and tend shall control during the term of the in the compact or funding agreement. ‘‘(ii) the imminent and substantial jeop- compact. ‘‘(B) NO AGREEMENT.—In the absence of a ardy and irreparable harm to the trust asset, ‘‘(c) AMENDMENT.—A compact under sub- specification of an effective date in the com- natural resource, or public health and safety section (a) may be amended only by agree- pact or funding agreement, the retrocession arises out of a failure by the Indian Tribe to ment of the parties. shall become effective on— carry out the terms of an applicable compact ‘‘(d) EFFECTIVE DATE.—The effective date ‘‘(i) the earlier of— or funding agreement. of a compact under subsection (a) shall be— ‘‘(I) 1 year after the date on which the re- ‘‘(B) REASSUMPTION.—If the Secretary re- ‘‘(1) the date of the execution of the com- quest is submitted; and assumes operation of a program under sub- pact by the parties; or ‘‘(II) the date on which the funding agree- paragraph (A), the Secretary shall provide ‘‘(2) such date as is mutually agreed upon ment expires; or the Indian Tribe with a hearing on the by the parties. ‘‘(ii) such date as may be mutually agreed record not later than 10 days after the date ‘‘(e) DURATION.—A compact under sub- upon by the Secretary and the Indian Tribe. of reassumption. section (a) shall remain in effect— ‘‘(f) NONDUPLICATION.—A funding agree- ‘‘(c) INABILITY TO AGREE ON COMPACT OR ‘‘(1) for so long as permitted by Federal ment shall provide that, for the period for law; or which, and to the extent to which, funding is FUNDING AGREEMENT.— ‘‘(2) until termination by written agree- provided to an Indian Tribe under this title, ‘‘(1) FINAL OFFER.—If the Secretary and a ment, retrocession, or reassumption. the Indian Tribe— participating Indian Tribe are unable to ‘‘(f) EXISTING COMPACTS.—An Indian Tribe ‘‘(1) shall not be entitled to contract with agree, in whole or in part, on the terms of a participating in self-governance under this the Secretary for funds under section 102, ex- compact or funding agreement (including title, as in effect on the date of enactment of cept that the Indian Tribe shall be eligible funding levels), the Indian Tribe may submit the PROGRESS for Indian Tribes Act, shall for new programs on the same basis as other a final offer to the Secretary. have the option at any time after that date— Indian Tribes; and ‘‘(2) DETERMINATION.—Not more than 60 ‘‘(1) to retain its negotiated compact (in ‘‘(2) shall be responsible for the adminis- days after the date of receipt of a final offer whole or in part) to the extent that the pro- tration of programs in accordance with the by one or more of the officials designated visions of the compact are not directly con- compact or funding agreement. pursuant to paragraph (4), the Secretary trary to any express provision of this title; ‘‘(g) RECORDS.— shall review and make a determination with or ‘‘(1) IN GENERAL.—Unless an Indian Tribe respect to the final offer, except that the 60- ‘‘(2) to negotiate a new compact in a man- specifies otherwise in the compact or fund- day period may be extended for up to 30 days ner consistent with this title. ing agreement, records of an Indian Tribe for circumstances beyond the control of the ‘‘SEC. 405. GENERAL PROVISIONS. shall not be considered to be Federal records Secretary, upon written request by the Sec- ‘‘(a) APPLICABILITY.—An Indian Tribe and for purposes of chapter 5 of title 5, United retary to the Indian tribe. the Secretary shall include in any compact States Code. ‘‘(3) EXTENSIONS.—The deadline described or funding agreement provisions that reflect ‘‘(2) RECORDKEEPING SYSTEM.—An Indian in paragraph (2) may be extended for any the requirements of this title. Tribe shall— length of time, as agreed upon by both the ‘‘(b) CONFLICTS OF INTEREST.—An Indian ‘‘(A) maintain a recordkeeping system; and Indian Tribe and the Secretary. Tribe participating in self-governance shall ‘‘(B) on a notice period of not less than 30 ‘‘(4) DESIGNATED OFFICIALS.— ensure that internal measures are in place to days, provide the Secretary with reasonable ‘‘(A) IN GENERAL.—The Secretary shall des- address, pursuant to Tribal law and proce- access to the records to enable the Depart- ignate one or more appropriate officials in dures, conflicts of interest in the administra- ment to meet the requirements of sections the Department to receive a copy of the final tion of programs. 3101 through 3106 of title 44, United States offer described in paragraph (1). ‘‘(c) AUDITS.— Code. ‘‘(B) NO DESIGNATION.—If no official is des- ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 ‘‘SEC. 406. PROVISIONS RELATING TO THE SEC- ignated, the Director of the Office of the Ex- of title 31, United States Code, shall apply to RETARY. ecutive Secretariat and Regulatory Affairs a funding agreement under this title. ‘‘(a) TRUST EVALUATIONS.—A funding shall be the designated official. ‘‘(2) COST PRINCIPLES.—An Indian Tribe agreement shall include a provision to mon- ‘‘(5) NO TIMELY DETERMINATION.—If the Sec- shall apply cost principles under the applica- itor the performance of trust functions by retary fails to make a determination with ble Office of Management and Budget cir- the Indian Tribe through the annual trust respect to a final offer within the period cular, except as modified by— evaluation. specified in paragraph (2), including any ex- ‘‘(A) any provision of law, including sec- ‘‘(b) REASSUMPTION.— tension agreed to under paragraph (3), the tion 106; or ‘‘(1) IN GENERAL.—A compact or funding Secretary shall be deemed to have agreed to ‘‘(B) any exemptions to applicable Office of agreement shall include provisions for the the offer, except that with respect to any Management and Budget circulars subse- Secretary to reassume a program and associ- compact or funding agreement provision quently granted by the Office of Manage- ated funding if there is a specific finding re- concerning a program described under sec- ment and Budget. lating to that program of— tion 403(c), the Secretary shall be deemed to ‘‘(3) FEDERAL CLAIMS.—Any claim by the ‘‘(A) imminent jeopardy to a trust asset, a have rejected the offer with respect to such Federal Government against an Indian Tribe natural resource, or public health and safety provision and the terms of clauses (ii) relating to funds received under a funding that— through (iv) of paragraphs (6)(A) shall apply. agreement based on any audit under this ‘‘(i) is caused by an act or omission of the ‘‘(6) REJECTION OF FINAL OFFER.— subsection shall be subject to section 106(f). Indian Tribe; and ‘‘(A) IN GENERAL.—If the Secretary rejects ‘‘(d) REDESIGN AND CONSOLIDATION.—Except ‘‘(ii) arises out of a failure to carry out the a final offer (or one or more provisions or as provided in section 407, an Indian Tribe compact or funding agreement; or funding levels in a final offer), the Secretary may redesign or consolidate programs, or re- ‘‘(B) gross mismanagement with respect to shall— allocate funds for programs, in a compact or funds transferred to an Indian Tribe under a ‘‘(i) provide timely written notification to funding agreement in any manner that the compact or funding agreement, as deter- the Indian Tribe that contains a specific Indian Tribe determines to be in the best in- mined by the Secretary in consultation with finding that clearly demonstrates, or that is terest of the Indian community being the Inspector General, as appropriate. supported by a controlling legal authority, served— ‘‘(2) PROHIBITION.—The Secretary shall not that— ‘‘(1) so long as the redesign or consolida- reassume operation of a program, in whole or ‘‘(I) the amount of funds proposed in the tion does not have the effect of denying eli- part, unless— final offer exceeds the applicable funding gibility for services to population groups ‘‘(A) the Secretary first provides written level as determined under section 106(a)(1); otherwise eligible to be served under applica- notice and a hearing on the record to the In- ‘‘(II) the program that is the subject of the ble Federal law; and dian Tribe; and final offer is an inherent Federal function or

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is subject to the discretion of the Secretary an Indian Tribe under section 403(c), such ‘‘(e) TRIBAL ACCOUNTABILITY.— under section 403(c); savings shall be made available to that In- ‘‘(1) IN GENERAL.—In carrying out a con- ‘‘(III) the Indian Tribe cannot carry out dian Tribe. struction project under this title, an Indian the program in a manner that would not re- ‘‘(g) TRUST RESPONSIBILITY.—The Sec- Tribe shall assume responsibility for the suc- sult in significant danger or risk to the pub- retary may not waive, modify, or diminish in cessful completion of the construction lic health or safety, to natural resources, or any way the trust responsibility of the project and of a facility that is usable for the to trust resources; United States with respect to Indian Tribes purpose for which the Indian Tribe received ‘‘(IV) the Indian Tribe is not eligible to and individual Indians that exists under funding. participate in self-governance under section treaties, Executive orders, other laws, or ‘‘(2) REQUIREMENTS.—For each construc- 402(c); court decisions. tion project carried out by an Indian Tribe ‘‘(V) the funding agreement would violate ‘‘(h) DECISION MAKER.—A decision that under this title, the Indian Tribe and the a Federal statute or regulation; or constitutes final agency action and relates Secretary shall negotiate a provision to be ‘‘(VI) with respect to a program or portion to an appeal within the Department con- included in the funding agreement that iden- of a program included in a final offer pursu- ducted under subsection (c)(6)(A)(iii) may be tifies— ant to section 403(b)(2), the program or the made by— ‘‘(A) the approximate start and completion portion of the program is not otherwise ‘‘(1) an official of the Department who dates for the project, which may extend over available to Indian Tribes or Indians under holds a position at a higher organizational a period of one or more years; section 102(a)(1)(E); level within the Department than the level ‘‘(B) a general description of the project, ‘‘(ii) provide technical assistance to over- of the departmental agency in which the de- including the scope of work, references to de- come the objections stated in the notifica- cision that is the subject of the appeal was sign criteria, and other terms and condition required by clause (i); made; or tions; ‘‘(iii) provide the Indian Tribe with a hear- ‘‘(2) an administrative law judge. ‘‘(C) the responsibilities of the Indian Tribe ing on the record with the right to engage in ‘‘(i) RULES OF CONSTRUCTION.—Subject to and the Secretary for the project; full discovery relevant to any issue raised in section 101(a) of the PROGRESS for Indian ‘‘(D) how project-related environmental the matter, and the opportunity for appeal Tribes Act, each provision of this title and considerations will be addressed; on the objections raised, except that the In- each provision of a compact or funding ‘‘(E) the amount of funds provided for the dian Tribe may, in lieu of filing such appeal, agreement shall be liberally construed for project; directly proceed to initiate an action in a the benefit of the Indian Tribe participating ‘‘(F) the obligations of the Indian Tribe to United States district court under section in self-governance, and any ambiguity shall comply with the codes referenced in sub- 110(a); and be resolved in favor of the Indian Tribe. section (d)(1) and applicable Federal laws ‘‘(iv) provide the Indian Tribe the option of ‘‘SEC. 407. CONSTRUCTION PROGRAMS AND and regulations; PROJECTS. entering into the severable portions of a ‘‘(G) the agreement of the parties over who ‘‘(a) IN GENERAL.—Indian Tribes partici- final proposed compact or funding agreement will bear any additional costs necessary to pating in Tribal self-governance may carry (including a lesser funding amount, if any), meet changes in scope, or errors or omissions out any construction project included in a that the Secretary did not reject, subject to compact or funding agreement under this in design and construction; and any additional alterations necessary to con- title. ‘‘(H) the agreement of the Secretary to form the compact or funding agreement to ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN issue a certificate of occupancy, if requested the severed provisions. FEDERAL ENVIRONMENTAL ACTIVITIES.—In by the Indian Tribe, based upon the review ‘‘(B) EFFECT OF EXERCISING CERTAIN OP- carrying out a construction project under and verification by the Secretary, to the sat- TION.—If an Indian Tribe exercises the option this title, an Indian Tribe may, subject to isfaction of the Secretary, that the Indian specified in subparagraph (A)(iv)— the agreement of the Secretary, elect to as- Tribe has secured upon completion the re- ‘‘(i) the Indian Tribe shall retain the right sume some Federal responsibilities under the view and approval of the plans and specifica- to appeal the rejection by the Secretary National Environmental Policy Act of 1969 tions, sufficiency of design, life safety, and under this section; and (42 U.S.C. 4321 et seq.), division A of subtitle code compliance by qualified, licensed, and ‘‘(ii) clauses (i), (ii), and (iii) of subpara- III of title 54, United States Code, and re- independent architects and engineers. graph (A) shall apply only to the portion of lated provisions of other law and regulations ‘‘(f) FUNDING.— the proposed final compact or funding agree- that would apply if the Secretary were to un- ‘‘(1) IN GENERAL.—Funding appropriated for ment that was rejected by the Secretary. dertake a construction project, by adopting construction projects carried out under this ‘‘(d) BURDEN OF PROOF.—In any administra- a resolution— title shall be included in funding agreements tive action, hearing, appeal, or civil action ‘‘(1) designating a certifying Tribal officer as annual or semiannual advance payments brought under this section, the Secretary to represent the Indian Tribe and to assume at the option of the Indian Tribe. shall have the burden of proof— the status of a responsible Federal official ‘‘(2) ADVANCE PAYMENTS.—The Secretary ‘‘(1) of demonstrating, by a preponderance under those Acts, laws, or regulations; and shall include all associated project contin- of the evidence, the validity of the grounds ‘‘(2) accepting the jurisdiction of the gency funds with each advance payment, and for a reassumption under subsection (b); and United States courts for the purpose of en- the Indian Tribe shall be responsible for the ‘‘(2) of clearly demonstrating the validity forcing the responsibilities of the certifying management of such contingency funds. of the grounds for rejecting a final offer Tribal officer assuming the status of a re- ‘‘(g) NEGOTIATIONS.—At the option of the made under subsection (c). sponsible Federal official under those Acts, Indian Tribe, construction project funding ‘‘(e) GOOD FAITH.— laws, or regulations. proposals shall be negotiated pursuant to the ‘‘(1) IN GENERAL.—In the negotiation of ‘‘(c) SAVINGS CLAUSE.—Notwithstanding statutory process in section 105, and any re- compacts and funding agreements, the Sec- subsection (b), nothing in this section au- sulting construction project agreement shall retary shall at all times negotiate in good thorizes the Secretary to include in any be incorporated into the funding agreement faith to maximize implementation of the compact or funding agreement duties of the as addenda. self-governance policy. Secretary under the National Environmental ‘‘(h) FEDERAL REVIEW AND VERIFICATION.— ‘‘(2) POLICY.—The Secretary shall carry out Policy Act of 1969 (42 U.S.C. 4321 et seq.), di- ‘‘(1) IN GENERAL.—On a schedule negotiated this title in a manner that maximizes the vision A of subtitle III of title 54, United by the Secretary and the Indian Tribe— policy of Tribal self-governance. States Code, and other related provisions of ‘‘(A) the Secretary shall review and verify, ‘‘(f) SAVINGS.— law that are inherent Federal functions. to the satisfaction of the Secretary, that ‘‘(1) IN GENERAL.—To the extent that pro- ‘‘(d) CODES AND STANDARDS.—In carrying project planning and design documents pre- grams carried out for the benefit of Indian out a construction project under this title, pared by the Indian Tribe in advance of ini- Tribes and Tribal organizations under this an Indian Tribe shall— tial construction are in conformity with the title reduce the administrative or other re- ‘‘(1) adhere to applicable Federal, State, obligations of the Indian Tribe under sub- sponsibilities of the Secretary with respect local, and Tribal building codes, architec- section (d); and to the operation of Indian programs and re- tural and engineering standards, and applica- ‘‘(B) before the project planning and design sult in savings that have not otherwise been ble Federal guidelines regarding design, documents are implemented, the Secretary included in the amount of Tribal shares and space, and operational standards, appro- shall review and verify to the satisfaction of other funds determined under section 408(c), priate for the particular project; and the Secretary that subsequent document except for funding agreements entered into ‘‘(2) use only architects and engineers amendments which result in a significant for programs under section 403(c), the Sec- who— change in construction are in conformity retary shall make such savings available to ‘‘(A) are licensed to practice in the State with the obligations of the Indian Tribe the Indian Tribes or Tribal organizations for in which the facility will be built; and under subsection (d). the provision of additional services to pro- ‘‘(B) certify that— ‘‘(2) REPORTS.—The Indian Tribe shall program beneficiaries in a manner equitable to ‘‘(i) they are qualified to perform the work vide the Secretary with project progress and directly served, contracted, and compacted required by the specific construction in- financial reports not less than semiannually. programs. volved; and ‘‘(3) OVERSIGHT VISITS.—The Secretary may ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘(ii) upon completion of design, the plans conduct onsite project oversight visits semi- SIGNIFICANCE.—For any savings generated as and specifications meet or exceed the appli- annually or on an alternate schedule agreed a result of the assumption of a program by cable construction and safety codes. to by the Secretary and the Indian Tribe.

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‘‘(i) APPLICATION OF OTHER LAWS.—Unless funds due under this title for programs eligi- ment in that fiscal year or any subsequent otherwise agreed to by the Indian Tribe and ble under paragraph (1) or (2) of section fiscal year. except as otherwise provided in this Act, no 403(b), except as required by Federal law; ‘‘(l) LIMITATION OF COSTS.— provision of title 41, United States Code, the ‘‘(2) withhold any portion of such funds for ‘‘(1) IN GENERAL.—An Indian Tribe shall Federal Acquisition Regulation, or any other transfer over a period of years; or not be obligated to continue performance law or regulation pertaining to Federal pro- ‘‘(3) reduce the amount of funds required that requires an expenditure of funds in ex- curement (including Executive orders) shall under this title— cess of the amount of funds transferred apply to any construction program or ‘‘(A) to make funding available for self- under a compact or funding agreement. project carried out under this title. governance monitoring or administration by ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any ‘‘(j) FUTURE FUNDING.—Upon completion of the Secretary; time the Indian Tribe has reason to believe a facility constructed under this title, the ‘‘(B) in subsequent years, except as nec- that the total amount provided for a specific Secretary shall include the facility among essary as a result of— activity under a compact or funding agree- those eligible for annual operation and main- ‘‘(i) a reduction in appropriations from the ment is insufficient, the Indian Tribe shall tenance funding support comparable to that previous fiscal year for the program to be in- provide reasonable notice of such insuffi- provided for similar facilities funded by the cluded in a compact or funding agreement; ciency to the Secretary. Department as annual appropriations are ‘‘(ii) a congressional directive in legisla- ‘‘(3) SUSPENSION OF PERFORMANCE.—If, after available and to the extent that the facility tion or an accompanying report; notice under paragraph (2), the Secretary size and complexity and other factors do not ‘‘(iii) a Tribal authorization; does not increase the amount of funds trans- exceed the funding formula criteria for com- ‘‘(iv) a change in the amount of pass- ferred under the funding agreement, the In- parable buildings. through funds subject to the terms of the dian Tribe may suspend performance of the ‘‘SEC. 408. PAYMENT. funding agreement; or activity until such time as additional funds ‘‘(a) IN GENERAL.—At the request of the ‘‘(v) completion of an activity under a pro- are transferred. governing body of an Indian Tribe and under gram for which the funds were provided; ‘‘(4) SAVINGS CLAUSE.—Nothing in this sec- the terms of an applicable funding agree- ‘‘(C) to pay for Federal functions, includ- tion reduces any programs, services, or funds ment, the Secretary shall provide funding to ing— of, or provided to, another Indian Tribe. the Indian Tribe to carry out the funding ‘‘(i) Federal pay costs; ‘‘(m) DISTRIBUTION OF FUNDS.—The Office agreement. ‘‘(ii) Federal employee retirement benefits; of Self-Governance shall be responsible for ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the ‘‘(iii) automated data processing; distribution of all Bureau of Indian Affairs option of the Indian Tribe, a funding agree- ‘‘(iv) technical assistance; and funds provided under this title unless other- ment shall provide for an advance annual ‘‘(v) monitoring of activities under this wise agreed by the parties to an applicable payment to an Indian Tribe. title; or funding agreement. ‘‘(D) to pay for costs of Federal personnel ‘‘(c) AMOUNT.— ‘‘(n) APPLICABILITY.—Notwithstanding any displaced by self-determination contracts ‘‘(1) IN GENERAL.—Subject to subsection (e) other provision of this section, section 101(a) under this Act or self-governance under this and sections 403 and 405, the Secretary shall of the PROGRESS for Indian Tribes Act ap- title. provide funds to the Indian Tribe under a plies to subsections (a) through (m). funding agreement for programs in an ‘‘(h) FEDERAL RESOURCES.—If an Indian amount that is equal to the amount that the Tribe elects to carry out a compact or fund- ‘‘SEC. 409. FACILITATION. Indian Tribe would have been entitled to re- ing agreement with the use of Federal per- ‘‘(a) IN GENERAL.—Except as otherwise pro- ceive under contracts and grants under this sonnel, Federal supplies (including supplies vided by law (including section 101(a) of the available from Federal warehouse facilities), Act (including amounts for direct program PROGRESS for Indian Tribes Act), the Sec- Federal supply sources (including lodging, and contract support costs and, in addition, retary shall interpret each Federal law and airline transportation, and other means of any funds that are specifically or function- regulation in a manner that facilitates— transportation, including the use of inter- ally related to the provision by the Sec- ‘‘(1) the inclusion of programs in funding agency motor pool vehicles), or other Fed- agreements; and retary of services and benefits to the Indian eral resources (including supplies, services, Tribe or its members) without regard to the ‘‘(2) the implementation of funding agree- and resources available to the Secretary ments. organization level within the Department at under any procurement contracts in which which the programs are carried out. the Department is eligible to participate), ‘‘(b) REGULATION WAIVER.— ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- the Secretary shall, as soon as practicable, ‘‘(1) REQUEST.—An Indian Tribe may sub- tion reduces programs, services, or funds of, acquire and transfer such personnel, sup- mit to the Secretary a written request for a or provided to, another Indian Tribe. plies, or resources to the Indian Tribe under waiver of applicability of a Federal regula- ‘‘(d) TIMING.— this title. tion, including— ‘‘(1) IN GENERAL.—Pursuant to the terms of ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of ‘‘(A) an identification of the specific text any compact or funding agreement entered title 31, United States Code, shall apply to in the regulation sought to be waived; and into under this title, the Secretary shall the transfer of funds due under a compact or ‘‘(B) the basis for the request. transfer to the Indian Tribe all funds pro- funding agreement authorized under this ‘‘(2) DETERMINATION BY THE SECRETARY.— vided for in the funding agreement, pursuant title. Not later than 120 days after receipt by the to subsection (c), and provide funding for pe- ‘‘(j) INTEREST OR OTHER INCOME.— Secretary and the designated officials under riods covered by joint resolution adopted by ‘‘(1) IN GENERAL.—An Indian Tribe may re- paragraph (4) of a request under paragraph Congress making continuing appropriations, tain interest or income earned on any funds (1), the Secretary shall approve or deny the to the extent permitted by such resolution. paid under a compact or funding agreement requested waiver in writing to the Indian ‘‘(2) TRANSFERS.—Not later than 1 year to carry out governmental purposes. Tribe. after the date of enactment of the ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The ‘‘(3) EXTENSIONS.—The deadline described PROGRESS for Indian Tribes Act, in any in- retention of interest or income under para- in paragraph (2) may be extended for any stance in which a funding agreement re- graph (1) shall not diminish the amount of length of time, as agreed upon by both the quires an annual transfer of funding to be funds an Indian Tribe is entitled to receive Indian Tribe and the Secretary. made at the beginning of a fiscal year or re- under a funding agreement in the year the ‘‘(4) DESIGNATED OFFICIALS.—The Secretary quires semiannual or other periodic transfers interest or income is earned or in any subse- shall designate one or more appropriate offi- of funding to be made commencing at the be- quent fiscal year. cials in the Department to receive a copy of ginning of a fiscal year, the first such trans- ‘‘(3) INVESTMENT STANDARD.—Funds trans- the waiver request described in paragraph fer shall be made not later than 10 days after ferred under this title shall be managed by (1). the apportionment of such funds by the Of- the Indian Tribe using the prudent invest- ‘‘(5) GROUNDS FOR DENIAL.—The Secretary fice of Management and Budget to the De- ment standard, provided that the Secretary may deny a request under paragraph (1) upon partment, unless the funding agreement pro- shall not be liable for any investment losses a specific finding by the Secretary that the vides otherwise. of funds managed by the Indian Tribe that identified text in the regulation may not be ‘‘(e) AVAILABILITY.—Funds for trust serv- are not otherwise guaranteed or insured by waived because such a waiver is prohibited ices to individual Indians shall be available the Federal Government. by Federal law. under a funding agreement only to the ex- ‘‘(k) CARRYOVER OF FUNDS.— ‘‘(6) FAILURE TO MAKE DETERMINATION.—If tent that the same services that would have ‘‘(1) IN GENERAL.—Notwithstanding any the Secretary fails to make a determination been provided by the Secretary are provided provision of an appropriations Act, all funds with respect to a waiver request within the to individual Indians by the Indian Tribe. paid to an Indian Tribe in accordance with a period specified in paragraph (2) (including ‘‘(f) MULTIYEAR FUNDING.—A funding agree- compact or funding agreement shall remain any extension agreed to under paragraph (3)), ment may provide for multiyear funding. available until expended. the Secretary shall be deemed to have agreed ‘‘(g) LIMITATIONS ON AUTHORITY OF THE ‘‘(2) EFFECT OF CARRYOVER.—If an Indian to the request, except that for a waiver re- SECRETARY.—The Secretary shall not— Tribe elects to carry over funding from one quest relating to programs eligible under ‘‘(1) fail to transfer to an Indian Tribe its year to the next, the carryover shall not di- section 403(b)(2) or section 403(c), the Sec- full share of any central, headquarters, re- minish the amount of funds the Indian Tribe retary shall be deemed to have denied the regional, area, or service unit office or other is entitled to receive under a funding agree- quest.

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‘‘(7) FINALITY.—A decision of the Secretary granted or denied, and stating the grounds ‘‘(1) REPEAL.—The Secretary may repeal under this section shall be final for the De- for any denial. any regulation that is inconsistent with this partment. ‘‘(c) REPORT ON NON-BIA PROGRAMS.— Act. ‘‘SEC. 410. DISCRETIONARY APPLICATION OF ‘‘(1) IN GENERAL.—In order to optimize op- ‘‘(2) CONFLICTING PROVISIONS.—Subject to OTHER SECTIONS. portunities for including non-BIA programs section 101(a) of the PROGRESS for Indian ‘‘(a) IN GENERAL.—Except as otherwise pro- in agreements with Indian Tribes partici- Tribes Act and except with respect to provided in section 201(d) of the PROGRESS for pating in self-governance under this title, grams described under section 403(c), this Indian Tribes Act, at the option of a partici- the Secretary shall review all programs ad- title shall supersede any conflicting provi- pating Indian Tribe or Indian Tribes, any of ministered by the Department, other than sion of law (including any conflicting regula- the provisions of title I may be incorporated through the Bureau of Indian Affairs, the Of- tions). in any compact or funding agreement under fice of the Assistant Secretary for Indian Af- ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO this title. The inclusion of any such provi- fairs, or the Office of the Special Trustee for REGULATIONS.—The lack of promulgated reg- sion shall be subject to, and shall not con- American Indians, without regard to the ulations on an issue shall not limit the effect flict with, section 101(a) of such Act. agency or office concerned. or implementation of this title. ‘‘(b) EFFECT.—Each incorporated provision ‘‘(2) PROGRAMMATIC TARGETS.—The Sec- ‘‘SEC. 414. EFFECT OF CIRCULARS, POLICIES, under subsection (a) shall— retary shall establish programmatic targets, MANUALS, GUIDANCE, AND RULES. ‘‘(1) have the same force and effect as if set after consultation with Indian Tribes par- ‘‘Unless expressly agreed to by a partici- out in full in this title; ticipating in self-governance, to encourage pating Indian Tribe in a compact or funding ‘‘(2) supplement or replace any related pro- bureaus of the Department to ensure that an agreement, the participating Indian Tribe vision in this title; and appropriate portion of those programs are shall not be subject to any agency circular, ‘‘(3) apply to any agency otherwise gov- available to be included in funding agree- policy, manual, guidance, or rule adopted by erned by this title. ments. the Department, except for— ‘‘(c) EFFECTIVE DATE.—If an Indian Tribe ‘‘(3) PUBLICATION.—The lists under sub- ‘‘(1) the eligibility provisions of section requests incorporation at the negotiation section (b)(5) and targets under paragraph (2) 105(g); and stage of a compact or funding agreement, the shall be published in the Federal Register ‘‘(2) regulations promulgated pursuant to incorporation shall— and made available to any Indian Tribe par- section 413. ‘‘(1) be effective immediately; and ticipating in self-governance. ‘‘SEC. 415. APPEALS. ‘‘(2) control the negotiation and resulting ‘‘(4) ANNUAL REVIEW.— ‘‘Except as provided in section 406(d), in compact and funding agreement. ‘‘(A) IN GENERAL.—The Secretary shall an- any administrative action, appeal, or civil ‘‘SEC. 411. ANNUAL BUDGET LIST. nually review and publish in the Federal action for judicial review of any decision ‘‘The Secretary shall list, in the annual Register, after consultation with Indian made by the Secretary under this title, the budget request submitted to Congress under Tribes participating in self-governance, re- Secretary shall have the burden of proof of section 1105 of title 31, United States Code, vised lists and programmatic targets. demonstrating by a preponderance of the evi- any funds proposed to be included in funding ‘‘(B) CONTENTS.—In preparing the revised dence— agreements authorized under this title. lists and programmatic targets, the Sec- ‘‘(1) the validity of the grounds for the de- ‘‘SEC. 412. REPORTS. retary shall consider all programs that were cision; and ‘‘(a) IN GENERAL.— eligible for contracting in the original list ‘‘(2) the consistency of the decision with ‘‘(1) REQUIREMENT.—On January 1 of each published in the Federal Register in 1995, ex- the requirements and policies of this title. year, the Secretary shall submit to Congress cept for programs specifically determined not to be contractible as a matter of law. ‘‘SEC. 416. APPLICATION OF OTHER PROVISIONS. a report regarding the administration of this ‘‘Section 314 of the Department of the Inte- title. ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.— Not later than January 1, 2020, the Secretary rior and Related Agencies Appropriations ‘‘(2) ANALYSIS.—Any Indian Tribe may sub- Act, 1991 (Public Law 101–512; 104 Stat. 1959), mit to the Office of Self-Governance and to shall, in consultation with Indian Tribes, develop a funding formula to determine the in- shall apply to compacts and funding agree- the appropriate committees of Congress a de- ments entered into under this title. tailed annual analysis of unmet Tribal needs dividual Tribal share of funds controlled by ‘‘SEC. 417. AUTHORIZATION OF APPROPRIATIONS. for funding agreements under this title. the Central Office of the Bureau of Indian Af- ‘‘There are authorized to be appropriated ‘‘(b) CONTENTS.—The report under sub- fairs and the Office of the Special Trustee for section (a)(1) shall— inclusion in the compacts. such sums as may be necessary to carry out ‘‘(1) be compiled from information con- ‘‘SEC. 413. REGULATIONS. this title.’’. tained in funding agreements, annual audit ‘‘(a) IN GENERAL.— TITLE II—INDIAN SELF-DETERMINATION reports, and data of the Secretary regarding ‘‘(1) PROMULGATION.—Not later than 90 SEC. 201. DEFINITIONS; REPORTING AND AUDIT the disposition of Federal funds; days after the date of enactment of the REQUIREMENTS; APPLICATION OF ‘‘(2) identify— PROGRESS for Indian Tribes Act, the Sec- PROVISIONS. ‘‘(A) the relative costs and benefits of self- retary shall initiate procedures under sub- (a) DEFINITIONS.— governance; chapter III of chapter 5 of title 5, United (1) IN GENERAL.—Section 4 of the Indian ‘‘(B) with particularity, all funds that are States Code, to negotiate and promulgate Self-Determination and Education Assist- specifically or functionally related to the such regulations as are necessary to carry ance Act (25 U.S.C. 5304) is amended by strik- provision by the Secretary of services and out this title. ing subsection (j) and inserting the fol- benefits to self-governance Indian Tribes and ‘‘(2) PUBLICATION OF PROPOSED REGULA- lowing: members of Indian Tribes; TIONS.—Proposed regulations to implement ‘‘(j) ‘self-determination contract’ means a ‘‘(C) the funds transferred to each Indian this title shall be published in the Federal contract entered into under title I (or a Tribe and the corresponding reduction in the Register not later than 21 months after the grant or cooperative agreement used under Federal employees and workload; and date of enactment of the PROGRESS for In- section 9) between a Tribal organization and ‘‘(D) the funding formula for individual dian Tribes Act. the appropriate Secretary for the planning, Tribal shares of all Central Office funds, to- ‘‘(3) EXPIRATION OF AUTHORITY.—The au- conduct, and administration of programs or gether with the comments of affected Indian thority to promulgate regulations under services that are otherwise provided to In- Tribes, developed under subsection (d); paragraph (1) shall expire on the date that is dian Tribes and members of Indian Tribes ‘‘(3) before being submitted to Congress, be 30 months after the date of enactment of the pursuant to Federal law, subject to the con- distributed to the Indian Tribes for comment PROGRESS for Indian Tribes Act. dition that, except as provided in section (with a comment period of not less than 30 ‘‘(b) COMMITTEE.— 105(a)(3), no contract entered into under title days); ‘‘(1) MEMBERSHIP.—A negotiated rule- I (or grant or cooperative agreement used ‘‘(4) include the separate views and com- making committee established pursuant to under section 9) shall be— ments of each Indian Tribe or Tribal organi- section 565 of title 5, United States Code, to ‘‘(1) considered to be a procurement con- zation; and carry out this section shall have as its mem- tract; or ‘‘(5) include a list of— bers only representatives of the Federal Gov- ‘‘(2) except as provided in section 107(a)(1), ‘‘(A) all such programs that the Secretary ernment and Tribal government. subject to any Federal procurement law (in- determines, in consultation with Indian ‘‘(2) LEAD AGENCY.—Among the Federal cluding regulations);’’. Tribes participating in self-governance, are representatives described in paragraph (1), (2) TECHNICAL AMENDMENTS.—Section 4 of eligible for negotiation to be included in a the Office of Self-Governance shall be the the Indian Self-Determination and Edu- funding agreement at the request of a par- lead agency for the Department. cation Assistance Act (25 U.S.C. 5304), as ticipating Indian Tribe; and ‘‘(c) ADAPTATION OF PROCEDURES.—The amended by paragraph (1), is further amend- ‘‘(B) all such programs which Indian Tribes Secretary shall adapt the negotiated rule- ed— have formally requested to include in a fund- making procedures to the unique context of (A) in subsection (e), by striking ‘‘ ‘Indian ing agreement under section 403(c) due to the self-governance and the government-to-gov- tribe’ means’’ and inserting ‘‘ ‘Indian tribe’ special geographic, historical, or cultural ernment relationship between the United or ‘Indian Tribe’ means’’; and significance of the program to the Indian States and Indian Tribes. (B) in subsection (l), by striking ‘‘ ‘tribal Tribe, indicating whether each request was ‘‘(d) EFFECT.— organization’ means’’ and inserting ‘‘ ‘Tribal

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.001 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4556 CONGRESSIONAL RECORD — HOUSE September 21, 2020 organization’ or ‘tribal organization’ ‘‘(A) applicable programs, services, func- The SPEAKER pro tempore. Pursu- means’’. tions, and activities (or portions thereof); ant to the rule, the gentlewoman from (b) REPORTING AND AUDIT REQUIREMENTS.— and New Mexico (Ms. HAALAND) and the Section 5 of the Indian Self-Determination ‘‘(B) funds associated with those programs, gentlewoman from Wyoming (Ms. CHE- and Education Assistance Act (25 U.S.C. 5305) services, functions, and activities; is amended— ‘‘(2) the implementation of self-determina- NEY) each will control 20 minutes. (1) in subsection (b)— tion contracts and funding agreements; and The Chair recognizes the gentle- (A) by striking ‘‘after completion of the ‘‘(3) the achievement of Tribal health ob- woman from New Mexico. project or undertaking referred to in the pre- jectives. GENERAL LEAVE ceding subsection of this section’’ and insert- ‘‘(q)(1) TECHNICAL ASSISTANCE FOR INTER- Ms. HAALAND. Madam Speaker, I ing ‘‘after the retention period for the report NAL CONTROLS.—In considering proposals for, ask unanimous consent that all Mem- that is submitted to the Secretary under amendments to, or in the course of, a con- bers may have 5 legislative days in subsection (a)’’; and tract under this title and compacts under titles IV and V of this Act, if the Secretary de- which to revise and extend their re- (B) by adding at the end the following: marks and include extraneous material ‘‘The retention period shall be defined in reg- termines that the Indian Tribe lacks ade- ulations promulgated by the Secretary pur- quate internal controls necessary to manage on the measure under consideration. suant to section 413.’’; and the contracted program or programs, the The SPEAKER pro tempore. Is there (2) in subsection (f)(1), by inserting ‘‘if the Secretary shall, as soon as practicable, pro- objection to the request of the gentle- Indian Tribal organization expends $500,000 vide the necessary technical assistance to as- woman from New Mexico? or more in Federal awards during such fiscal sist the Indian Tribe in developing adequate There was no objection. year’’ after ‘‘under this Act,’’. internal controls. As part of that technical Ms. HAALAND. Madam Speaker, I (c) EFFECTIVE DATE.—The amendment assistance, the Secretary and the Tribe shall yield myself such time as I may con- made by subsection (b)(2) shall not take ef- develop a plan for assessing the subsequent sume. fect until 14 months after the date of enact- effectiveness of such technical assistance. Madam Speaker, S. 209, the The inability of the Secretary to provide ment of this Act. PROGRESS for Indian Tribes Act, in- (d) APPLICATION OF OTHER PROVISIONS.— technical assistance or lack of a plan under this subsection shall not result in the re- troduced by Senator HOEVEN of North Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), Dakota, will enhance the Department 110, and 111 of the Indian Self-Determination assumption of an existing agreement, con- and Education Assistance Act (25 U.S.C. 5304, tract, or compact, or declination or rejection of the Interior’s self-governance proc- 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), of a new agreement, contract, or compact. ess and provide Indian Tribes with ‘‘(2) The Secretary shall prepare a report 5331, and 5332) and section 314 of the Depart- greater flexibility. to be included in the information required ment of the Interior and Related Agencies The Indian Self-Determination and for the reports under sections 412(b)(2)(A) Appropriations Act, 1991 (Public Law 101–512; Education Assistance Act is one of the and 514(b)(2)(A). The Secretary shall include 104 Stat. 1959), apply to compacts and fund- in this report, in the aggregate, a description most important legislative acts affecting agreements entered into under title IV of of the internal controls that were inad- ing Indian Country in the last 40-plus the Indian Self-Determination and Edu- equate, the technical assistance provided, years as a key driver to improving the cation Assistance Act (25 U.S.C. 5361 et seq.). and a description of Secretarial actions Tribal communities. Enacted in 1975, SEC. 202. CONTRACTS BY SECRETARY OF THE IN- taken to address any remaining inadequate the act was a Nixon-era initiative TERIOR. internal controls after the provision of tech- signed into law by President Gerald Section 102 of the Indian Self-Determina- nical assistance and implementation of the tion and Education Assistance Act (25 U.S.C. Ford yet strongly supported by Demo- plan required by paragraph (1).’’. crats at the time. 5321) is amended— SEC. 204. CONTRACT FUNDING AND INDIRECT (1) in subsection (c)(2), by striking ‘‘eco- COSTS. Pursuant to the act, Tribes are able nomic enterprises’’ and all that follows Section 106(a)(3) of the Indian Self-Deter- to enter into self-governance contracts, through ‘‘except that’’ and inserting ‘‘eco- mination and Education Assistance Act (25 commonly known as 638 contracts, nomic enterprises (as defined in section 3 of U.S.C. 5325(a)(3)) is amended— with BIA and IHS, the Bureau of Indian the Indian Financing Act of 1974 (25 U.S.C. (1) in subparagraph (A)— Affairs and Indian Health Service, to 1452)), except that’’; and (A) in clause (i), by striking ‘‘, and’’ and in- manage and administer Federal Indian (2) by adding at the end the following: serting ‘‘; and’’; and programs. ‘‘(f) GOOD FAITH REQUIREMENT.—In the ne- (B) in clause (ii), by striking ‘‘expense re- In 1994, the ISDEAA was amended by gotiation of contracts and funding agree- lated to the overhead incurred’’ and insert- adding title IV, which authorized ments, the Secretary shall— ing ‘‘expense incurred by the governing body ‘‘(1) at all times negotiate in good faith to of the Indian Tribe or Tribal organization Tribes to enter into negotiated com- maximize implementation of the self-deter- and any overhead expense incurred’’; pact agreements with the BIA under mination policy; and (2) by redesignating subparagraph (B) as which Tribes can assume control of the ‘‘(2) carry out this Act in a manner that subparagraph (C); and Department programs and associated maximizes the policy of Tribal self-deter- (3) by inserting after subparagraph (A) the funding and tailor those programs to mination, in a manner consistent with— following: the needs of their Tribal communities. ‘‘(A) the purposes specified in section 3; ‘‘(B) In calculating the reimbursement rate In 2000, the act was again amended to and for expenses described in subparagraph add title V, which authorizes similar ‘‘(B) the PROGRESS for Indian Tribes Act. (A)(ii), not less than 50 percent of the ex- Tribal compacts with the Indian ‘‘(g) RULE OF CONSTRUCTION.—Subject to penses described in subparagraph (A)(ii) that Health Service, the IHS, through the section 101(a) of the PROGRESS for Indian are incurred by the governing body of an In- Tribes Act, each provision of this Act and dian Tribe or Tribal organization relating to Department of Health and Human each provision of a contract or funding a Federal program, function, service, or ac- Services. agreement shall be liberally construed for tivity carried out pursuant to the contract There are more than 350 self-govern- the benefit of the Indian Tribe participating shall be considered to be reasonable and al- ance Tribes in the country, and the in self-determination, and any ambiguity lowable.’’. vast majority of them manage pro- shall be resolved in favor of the Indian SEC. 205. CONTRACT OR GRANT SPECIFICATIONS. grams within both DOI and IHS and Tribe.’’. Section 108 of the Indian Self-Determina- have achieved great success. In my SEC. 203. ADMINISTRATIVE PROVISIONS. tion and Education Assistance Act (25 U.S.C. home State of New Mexico, there are Section 105 of the Indian Self-Determina- 5329) is amended— six pueblos engaged in self-governance: tion and Education Assistance Act (25 U.S.C. (1) in subsection (a)(2), by inserting ‘‘sub- 5324) is amended— ject to subsections (a) and (b) of section 102,’’ Sandia, Santa Clara, Taos, Cochiti, (1) in subsection (b), in the first sentence, before ‘‘contain’’; Jemez, and Ohkay Owingeh. by striking ‘‘pursuant to’’ and all that fol- (2) in subsection (f)(2)(A)(ii) of the model Tribal self-governance programs are lows through ‘‘of this Act’’ and inserting agreement contained in subsection (c), by in- successful in their acknowledgment ‘‘pursuant to sections 102 and 103’’; and serting ‘‘subject to subsections (a) and (b) of that Tribes have the right to govern (2) by adding at the end the following: section 102 of the Indian Self-Determination themselves with minimal Federal over- ‘‘(p) INTERPRETATION BY SECRETARY.—Ex- and Education Assistance Act (25 U.S.C. sight and maximum flexibility to meet cept as otherwise provided by law, the Sec- 5321),’’ before ‘‘such other provisions’’; and local Tribal needs. However, signifi- retary shall interpret all Federal laws (in- (3) in subsection (b)(7)(C) of the model cant differences between the title IV cluding regulations) and Executive orders in agreement contained in subsection (c), in the a manner that facilitates, to the maximum second sentence of the matter preceding and title V amendments have forced extent practicable— clause (i), by striking ‘‘one performance self-governance Tribes to operate ‘‘(1) the inclusion in self-determination monitoring visit’’ and inserting ‘‘two per- under two separate sets of legislative contracts and funding agreements of— formance monitoring visits’’. and administrative requirements.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.001 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4557 The PROGRESS for Indian Tribes Ms. HAALAND. Madam Speaker, I SECTION 1. SHORT TITLE. Act would largely reconcile these dif- yield myself such time as I may con- This Act may be cited as the ‘‘Blackwater ferences, streamline the self-govern- sume. Trading Post Land Transfer Act’’. ance process, improve efficiencies, and As I stated before, this legislation is SEC. 2. DEFINITIONS. strengthen reservation economies. a result of over a decade of bipartisan, In this Act: Passage of the PROGRESS Act is a bicameral negotiations. (1) BLACKWATER TRADING POST LAND.—The term ‘‘Blackwater Trading Post Land’’ top legislative priority for self-govern- Since self-governance was first enacted in 1994, there have been no as- means the approximately 55.3 acres of land ance Tribes and is supported by the Na- as depicted on the map that— tional Congress of American Indians, sumptions by Tribes of Bureau of Rec- (A) is located in Pinal County, Arizona, United South and Eastern Tribes, the lamation projects—none. Under the and bordered by Community land to the east, Alaska Federation of Natives, the Mid- 1994 law, the conditions, requirements, west, and north and State Highway 87 to the west Alliance of Sovereign Tribes, the and limitations mitigating against any south; and Affiliated Tribes of Northwest Indians, such Tribal assumption of a Bureau of (B) is owned by the Community. and many more Indian Tribes. The ad- Reclamation project have resulted in (2) COMMUNITY.—The term ‘‘Community’’ no such assumptions. means the Gila River Indian Community of ministration and the U.S. Chamber of the Reservation. Commerce are also on record in sup- S. 209 does not change the 1994 authority in this regard. This is why the (3) MAP.—The term ‘‘map’’ means the map port of this legislation. entitled ‘‘Results of Survey, Ellis Property, gentlewoman’s concerns are com- This legislation is a product of over a A Portion of the West 1⁄2 of Section 12, Town- decade of bipartisan negotiations, pletely unfounded and why we defeated ship 5 South, Range 7 East, Gila and Salt which is why S. 209 passed the Repub- an amendment on this in committee in River Meridian, Pinal County, Arizona’’ and lican-controlled Senate on a voice the first place. dated October 15, 2012. More so, S. 209 already contains a vote. If bipartisan consensus was so (4) RESERVATION.—The term ‘‘Reservation’’ lengthy disclaimer specifically stating means the land located within the exterior easily found in the Senate in this Con- that it does not affect, in any way, the boundaries of the reservation created under gress, then it should be clear that this ability of Tribes to take over programs sections 3 and 4 of the Act of February 28, is a commonsense bill that both sides or projects of Interior agencies other 1859 (11 Stat. 401, chapter LXVI), and Execu- of the aisle can support as well. than the BIA. tive orders of August 31, 1876, June 14, 1879, Madam Speaker, I am proud to be the May 5, 1882, November 15, 1883, July 31, 1911, sponsor of the House version of the leg- b 1215 June 2, 1913, August 27, 1914, and July 19, islation, H.R. 2031, along with my dear Unless I’m not privy to yet another 1915, and any other lands placed in trust for the benefit of the Community. colleagues, Representatives TOM COLE department reorganization, the Bureau (5) SECRETARY.—The term ‘‘Secretary’’ of Oklahoma and DON YOUNG of Alaska of Reclamation is not part of the BIA. means the Secretary of the Interior. and others. I hope that you will join This bipartisan bill is critical to the SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT me in passing S. 209 and sending it to furtherance of self-governance and im- OF THE GILA RIVER INDIAN COMMU- the President’s desk. provements in Tribal communities. I NITY. Madam Speaker, I reserve the bal- strongly urge my colleagues to do the (a) IN GENERAL.—The Secretary shall take ance of my time. right thing and support this legisla- the Blackwater Trading Post land into trust Ms. CHENEY. Madam Speaker, I tion. for the benefit of the Community, after the yield myself such time as I may con- Madam Speaker, versions of this bi- Community— sume. partisan bill have lain before this (1) conveys to the Secretary all right, title, Madam Speaker, this is a very impor- House and the Senate for nearly 2 dec- and interest of the Community in and to the Blackwater Trading Post Land; tant bill. Unfortunately, the way that ades, passing each body several times. (2) submits to the Secretary a request to it is currently written raises some sig- It is time to finally push this legisla- take the Blackwater Trading Post Land into nificant concerns. tion across the finish line so that trust for the benefit of the Community; As the Representative of Tribal com- Tribes can finally move to effectively- (3) conducts a survey (to the satisfaction of munities in Wyoming, I share very managed programs for their people. the Secretary) to determine the exact acre- much the notion and the concept of I urge my colleagues to show their age and legal description of the Blackwater helping to increase self-determination, support for Tribal self-governance and Trading Post Land, if the Secretary deter- but I believe that this bill, as it is cur- Tribal sovereignty by passing S. 209, mines a survey is necessary; and the PROGRESS for Indian Tribes Act. (4) pays all costs of any survey conducted rently written, unfortunately, leaves under paragraph (3). unresolved some major issues with re- I yield back the balance of my time. The SPEAKER pro tempore. The (b) AVAILABILITY OF MAP.—Not later than spect to, in particular, Bureau of Rec- 180 days after the Blackwater Trading Post lamation water projects that could af- question is on the motion offered by Land is taken into trust under subsection fect both Tribal as well as non-Tribal the gentlewoman from New Mexico (a), the map shall be on file and available for interests. (Ms. HAALAND) that the House suspend public inspection in the appropriate offices In our Western States where water is the rules and pass the bill, S. 209. of the Secretary. a scarce and precious commodity, The question was taken; and (two- (c) LANDS TAKEN INTO TRUST PART OF RES- thirds being in the affirmative) the ERVATION.—After the date on which the water management interests must be rules were suspended and the bill was Blackwater Trading Post Land is taken into carefully balanced, and I am concerned passed. trust under subsection (a), the land shall be that S. 209 does not strike that bal- A motion to reconsider was laid on treated as part of the Reservation. ance. the table. (d) GAMING.—Class II and class III gaming Over the last several Congresses, under the Indian Gaming Regulatory Act (25 House Republicans have offered solu- f U.S.C. 2701 et seq.) shall not be allowed at tions to the reclamation projects issues BLACKWATER TRADING POST any time on the land taken into trust under without the need for courts to step in LAND TRANSFER ACT subsection (a). (e) DESCRIPTION.—Not later than 180 days to sort this out. Unfortunately, this ef- Ms. HAALAND. Madam Speaker, I after the date of enactment of this Act, the fort was most recently defeated on a move to suspend the rules and pass the Secretary shall cause the full metes-and- party-line vote with little discussion bill (H.R. 3160) to direct the Secretary bounds description of the Blackwater Trad- from the Democrat majority. of the Interior to take certain land lo- ing Post Land to be published in the Federal Unfortunately, we still are, today, cated in Pinal County, Arizona, into Register. The description shall, on publica- faced with a situation where we have trust for the benefit of the Gila River tion, constitute the official description of the Blackwater Trading Post Land. got a worthy goal that this legislation Indian Community, and for other pur- is attempting to achieve, but it doesn’t poses. The SPEAKER pro tempore. Pursu- quite get there. The Clerk read the title of the bill. ant to the rule, the gentlewoman from Given these unresolved concerns, I The text of the bill is as follows: New Mexico (Ms. HAALAND) and the must urge rejection of the measure as H.R. 3160 gentlewoman from Wyoming (Ms. CHE- written and ask for a ‘‘no’’ vote. Be it enacted by the Senate and House of Rep- NEY) each will control 20 minutes. Madam Speaker, I yield back the bal- resentatives of the United States of America in The Chair recognizes the gentle- ance of my time. Congress assembled, woman from New Mexico.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.003 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4558 CONGRESSIONAL RECORD — HOUSE September 21, 2020 GENERAL LEAVE Madam Speaker, I urge the adoption title 40, United States Code, there remains a Ms. HAALAND. Madam Speaker, I of this measure and I urge my col- balance of funds received for the establish- ask unanimous consent that all Mem- leagues to support the legislation. ment of the commemorative work, the bers may have 5 legislative days in Madam Speaker, I yield back the bal- Daughters of the Republic of Texas shall transmit the balance to a separate account which to revise and extend their re- ance of my time. with the National Park Foundation for me- marks, and include extraneous mate- Ms. HAALAND. Madam Speaker, I morials, to be available to the Secretary of rial on the measure under consider- urge my colleagues to support the leg- the Interior or the Administrator (as appro- ation. islation and I yield back the balance of priate) following the process provided in sec- The SPEAKER pro tempore. Is there my time. tion 8906(b)(4) of title 40, United States Code, objection to the request of the gentle- The SPEAKER pro tempore. The for accounts established under section woman from New Mexico? question is on the motion offered by 8906(b)(2) or (3) of title 40, United States There was no objection. the gentlewoman from New Mexico Code. SEC. 3. DETERMINATION OF BUDGETARY EF- Ms. HAALAND. Madam Speaker, I AALAND (Ms. H ) that the House suspend FECTS. yield myself such time as I may con- the rules and pass the bill, H.R. 3160. The budgetary effects of this Act, for the sume. The question was taken; and (two- purpose of complying with the Statutory Madam Speaker, H.R. 3160, intro- thirds being in the affirmative) the Pay-As-You-Go Act of 2010, shall be deter- duced by our colleague, Representative rules were suspended and the bill was mined by reference to the latest statement TOM O’HALLERAN of Arizona, author- passed. titled ‘‘Budgetary Effects of PAYGO Legisla- izes the United States to place 55.3 A motion to reconsider was laid on tion’’ for this Act, submitted for printing in acres of historically and culturally sig- the table. the Congressional Record by the Chairman of nificant land into trust on behalf of the the House Budget Committee, provided that f such statement has been submitted prior to Gila River Indian Community of Ari- the vote on passage. zona. REPUBLIC OF TEXAS LEGATION The SPEAKER pro tempore. Pursu- This parcel of land is commonly re- MEMORIAL ACT ant to the rule, the gentlewoman from ferred to as the Blackwater Trading Ms. HAALAND. Madam Speaker, I New Mexico (Ms. HAALAND) and the Post Land, because it once contained move to suspend the rules and pass the gentlewoman from Wyoming (Ms. CHE- the Ellis family’s Blackwater Trading bill (H.R. 3349) to authorize the Daugh- NEY) each will control 20 minutes. ters of the Republic of Texas to estab- Post, which sold goods to members of The Chair recognizes the gentle- lish the Republic of Texas Legation the Gila River Indian Community since woman from New Mexico. the 1930s. Memorial as a commemorative work in GENERAL LEAVE After purchasing the trading post in the District of Columbia, and for other Ms. HAALAND. Madam Speaker, I 2010, the community found around 1,000 purposes, as amended. ask unanimous consent that all Mem- cultural artifacts on the property, in- The Clerk read the title of the bill. bers may have 5 legislative days in cluding 126 Akimel O’odham baskets. The text of the bill is as follows: which to revise and extend their re- Following this discovery, the commu- H.R. 3349 marks, and include extraneous mate- nity decided to apply to take the parcel SEC. 2. AUTHORIZATION TO ESTABLISH COM- rial on the measure under consider- of land into trust. MEMORATIVE WORK. ation. (a) IN GENERAL.—The Daughters of the Re- However, legislation is required for The SPEAKER pro tempore. Is there this exchange, as the community’s 2004 public of Texas may establish a commemorative work on Federal land in the District of objection to the request of the gentle- water rights settlement explicitly re- woman from New Mexico? quires that any lands located outside of Columbia and its environs to commemorate and honor those who, as representatives of There was no objection. the community’s existing reservation the Republic of Texas, served in the District Ms. HAALAND. Madam Speaker, I boundaries be taken into trust through of Columbia as diplomats to the United yield myself such time as I may con- Congressional action. States and made possible the annexation of sume. Passage of H.R. 3160 will ultimately Texas as the twenty-eighth State of the Madam Speaker, I rise in support of allow the community to preserve a United States. H.R. 3349, the Republic of Texas Lega- piece of their heritage by incorporating (b) COMPLIANCE WITH STANDARDS FOR COM- tion Memorial Act, introduced by Rep- MEMORATIVE WORKS.—The establishment of this contiguous parcel of land into its resentative LLOYD DOGGETT. reservation land base. the commemorative work under this section shall be in accordance with chapter 89 of This bill would authorize the Daugh- Madam Speaker, I want to thank title 40, United States Code (commonly ters of the Republic of Texas to estab- Representative O’HALLERAN for his known as the ‘‘Commemorative Works lish a commemorative work to honor work on this legislation, and urge my Act’’). the representatives of the Republic of colleagues to support the bill, and I re- (c) PROHIBITION ON THE USE OF FEDERAL Texas who served here in the District serve the balance of my time. FUNDS.— of Columbia as diplomats to the United Ms. CHENEY. Madam Speaker, I (1) IN GENERAL.—Federal funds may not be States. yield myself such time as I may con- used to pay any expense of the establishment Shortly after Texas declared its inde- sume. of the commemorative work under this section. pendence from Mexico in 1836, the Re- Madam Speaker, I rise in support of (2) RESPONSIBILITY OF THE DAUGHTERS OF public of Texas sent diplomats to sev- H.R. 3160, the Blackwater Trading Post THE REPUBLIC OF TEXAS.—The Daughters of eral countries to represent the Repub- Land Transfer Act. This bill would the Republic of Texas shall be solely respon- lic’s interests. Among other things, place, as my colleague said, approxi- sible for acceptance of contributions for, and these diplomats advocated for protec- mately 55 acres of land in Arizona into payment of the expenses of, the establish- tion from Mexico, financial assistance, trust for the Gila River Indian Commu- ment of the commemorative work under this and annexation by the United States. nity. section. London and Paris have each erected (d) DEPOSIT OF EXCESS FUNDS.— These lands and the former commemorative works to recognize the (1) IN GENERAL.—If upon payment of all ex- Blackwater Trading Post have a his- penses for the establishment of the memorial role their Texas legations played in toric connection to the Tribe, as the (including the maintenance and preservation their countries, and it seems only fit- trading post served many Tribal mem- amount required by section 8906(b)(1) of title ting to install one here in the capital bers since at least the 1930s. 40, United States Code), there remains a bal- of the country proud to claim Texas as In 2010, the Tribe purchased the ance of funds received for the establishment its own. Blackwater Trading Post and sur- of the commemorative work, the Daughters Madam Speaker, I would like to rounding lands after the former owners of the Republic of Texas shall transmit the thank Representative DOGGETT for his retired. amount of the balance to the Secretary of efforts to elevate this unique and often Under the 2004 Arizona Water Rights the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, untold story of our Nation’s history, Settlement Act, the Tribe cannot ac- United States Code. and urge my colleagues to support this quire off-reservation lands into trust (2) ON EXPIRATION OF AUTHORITY.—If upon bill. absent an act of Congress. Therefore, expiration of the authority for the com- Madam Speaker, I reserve the bal- we need to pass this legislation. memorative work under section 8903(e) of ance of my time.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.007 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4559 Ms. CHENEY. Madam Speaker, I tion, was much more than the current b 1230 yield myself such time as I may con- State of Texas. Indeed, it included Ms. CHENEY. Madam Speaker, I sume. parts of New Mexico, including Albu- have no further speakers, and I yield Madam Speaker, I rise in support of querque, Oklahoma, Kansas, Colorado, back the balance of my time. this legislation. H.R. 3349 would au- and even Wyoming. How different Ms. HAALAND. Madam Speaker, I thorize the Daughters of the Republic America would be today had not this urge my colleagues to support the leg- of Texas to establish the Republic of huge part of the center of our country islation, and I yield back the balance of Texas Legation Memorial on Federal been incorporated into the United my time. land in the District of Columbia, com- States. The SPEAKER pro tempore. The memorating those who, as representa- The young Republic of Texas had question is on the motion offered by tives of the Republic of Texas, served many debts and many challenges from the gentlewoman from New Mexico in Washington, D.C., as diplomats to abroad. My own home in East Austin is (Ms. HAALAND) that the House suspend the United States, and made possible only a few blocks away from the his- the rules and pass the bill, H.R. 3349, as the annexation of Texas as the 28th toric French Legation, this is the place amended. State. that the diplomats from France used to The question was taken; and (two- Texas legation sites in Paris and establish their formal diplomatic rela- thirds being in the affirmative) the London have been recognized with his- tions with the Nation of Texas. Texans rules were suspended and the bill, as torical markers for many years, but in turn established legations abroad to amended, was passed. never here in Washington, D.C. The negotiate terms of trade and recogni- A motion to reconsider was laid on Texas diplomatic ministers who came tion with multiple European countries. the table. to Washington worked out of the Most importantly, the Texas delega- f boarding houses in which they lived. tion came here on the very difficult journey to Washington. FALLEN JOURNALISTS MEMORIAL Eight boarding houses have been iden- ACT tified with varying degrees of sup- Today, we find the plaques about the porting evidence. This bill would allow work of the Texas Legation in London Ms. HAALAND. Madam Speaker, I the Daughters of the Republic of Texas and Paris, but not yet here in Wash- move to suspend the rules and pass the to place memorial plaques in honor of ington, where the Legation’s effort had bill (H.R. 3465) to authorize the Fallen these diplomats. its most profound effect. Journalists Memorial Foundation to Madam Speaker, I urge the adoption Here in this area the Legation oper- establish a commemorative work in of this measure, and I reserve the bal- ated from a number of houses, boarding the District of Columbia and its envi- ance of my time. houses, some near the present-day Na- rons, and for other purposes, as amend- Ms. HAALAND. Madam Speaker, I tional Archives and the Navy Memo- ed. yield such time as he may consume to rial, which is appropriate since one of The Clerk read the title of the bill. the diplomats involved, Mr. Memucan The text of the bill is as follows: the gentleman from Texas (Mr. DOG- Hunt, who also served as secretary of H.R. 3465 GETT). Mr. DOGGETT. Madam Speaker, I the fledgling Republic of Texas Navy. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in rise in support of this bill, which I au- In Washington, the diplomats left their most significant legacy by nego- Congress assembled, thored, to authorize the Daughters of tiating the terms of annexation in 1845 SECTION 1. SHORT TITLE. the Republic of Texas to establish this when Texas became the 28th State to This Act may be cited as the ‘‘Fallen Jour- commemorative work here in the Dis- nalists Memorial Act’’. join the Union. That is why this bill trict of Columbia honoring the Repub- SEC. 2. AUTHORIZATION TO ESTABLISH COM- approves a commemoration here. MEMORATIVE WORK. lic of Texas Legation. Most appropriately, this commemo- This is a bipartisan effort supported (a) IN GENERAL.—The Fallen Journalists ration is spearheaded by the Daughters by a number of my colleagues from Memorial Foundation may establish a com- of the Republic of Texas, our State’s memorative work on Federal land in the Dis- Texas, as well as Representative oldest patriotic women’s organization trict of Columbia and its environs to com- HOLMES NORTON, who represents the committed to the preservation of Texas memorate America’s commitment to a free area where the memorial will reside. heritage and historic sites. They will press by honoring journalists who sacrificed And it has the approval, initially, of work together with our National Park their lives in service to that cause. the subcommittee which my colleague, (b) COMPLIANCE WITH STANDARDS FOR COM- Service to develop and design a loca- MEMORATIVE WORKS.—The establishment of Ms. HAALAND, chairs. tion here that is appropriate within The history of the Texas Legation the commemorative work under this section Washington D.C. shall be in accordance with chapter 89 of and its significance to American his- Madam Speaker, I would like to ex- title 40, United States Code (commonly tory is as broad as the pride held by tend a special thanks to Kitty Hoeck, known as the ‘‘Commemorative Works present-day Texans over a time when she has led the way as the historian of Act’’). we were once an independent Republic. the Elisabet Ney Chapter, that includes (c) PROHIBITION ON USE OF FEDERAL FUNDS.— The district that I now represent in- the Daughters in the District, Virginia, (1) IN GENERAL.—Federal funds may not be cludes the historic Alamo in San Anto- and Maryland, for her commitment to nio. With the battle cries of ‘‘Remem- used to pay any expense of the establishment this effort. I ask that she be particu- of the commemorative work under this sec- ber the Alamo,’’ and ‘‘Remember larly recognized in connection with tion. Goliad,’’ Texas won its independence this work, along with other representa- (2) RESPONSIBILITY OF THE FALLEN JOURNAL- on March 2, 1836. And as most Texans tives of the Daughters. ISTS MEMORIAL FOUNDATION.—The Fallen are aware, for almost a decade there- The history of the Texas Legation Journalists Memorial Foundation shall be after, Texas was a whole other country, did not end with the annexation of solely responsible for acceptance of contribu- an independent Nation with the same Texas in 1845. Today, it lives on in the tions for, and payment of the expenses of, independent spirit that pervades our strength of multicultural and multi- the establishment of the commemorative State today. work under this section. lingual communities across the Lone (d) DEPOSIT OF EXCESS FUNDS.— What are frequently less discussed Star State. They have made our State (1) IN GENERAL.—If upon payment of all ex- are the diplomatic efforts stretching so dynamic. penses for the establishment of the com- over almost a decade by this young With this commemoration, those who memorative work (including the mainte- new Nation, sending emissaries to Eu- visit our capital will have the oppor- nance and preservation amount required by rope and to Washington. At multiple tunity to learn about a turning point section 8906(b)(1) of title 40, United States times from 1836 to 1845, the Texas Le- in the history of Texas and in the his- Code), there remains a balance of funds re- gation negotiated the terms by which tory of the United States, and reflect ceived for the establishment of the commemorative work, the Fallen Journalists Texas would become a part of the on the sacrifices by the diplomats who Memorial Foundation shall transmit the United States. made this possible. amount of the balance to the Secretary of While everything is still bigger in Madam Speaker, I urge approval of the Interior for deposit in the account pro- Texas, the territory of the Republic of the resolution, and thank both of my vided for in section 8906(b)(3) of title 40, Texas, as a sovereign independent Na- colleagues for their support. United States Code.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.009 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4560 CONGRESSIONAL RECORD — HOUSE September 21, 2020 (2) ON EXPIRATION OF AUTHORITY.—If upon Madam Speaker, H.R. 3465 would au- ‘‘(A) in any case in which— expiration of the authority for the com- thorize the Fallen Journalists Memo- ‘‘(i)(I) a child is dead or exhibits evidence memorative work under section 8903(e) of rial Foundation to establish a com- of skin bruising, bleeding, malnutrition, fail- title 40, United States Code, there remains a memorative work on Federal land to ure to thrive, burns, fracture of any bone, balance of funds received for the establish- subdural hematoma, soft tissue swelling; and ment of the commemorative work, the Fall- commemorate the sacrifices made by ‘‘(II) such condition is not justifiably ex- en Journalists Memorial Foundation shall journalists for a free and independent plained or may not be the product of an acci- transmit the amount of the balance to a sep- press. dental occurrence; or arate account with the National Park Foun- This bill requires the Fallen Journal- ‘‘(ii) a child is subjected to sexual assault, dation for memorials, to be available to the ists Memorial Foundation to follow the sexual molestation, sexual exploitation, sex- Secretary of the Interior or Administrator standard legal framework established ual contact, or prostitution;’’. (as appropriate) following the process pro- by the Commemorative Works Act for (2) In section 409 (25 U.S.C. 3208)— vided in section 8906(b)(4) of title 40, United the placement of commemorative (A) in subsection (a)— States Code, for accounts established under (i) by striking ‘‘The Secretary of Health section 8906(b)(2) or (3) of title 40, United works on Federal land in the District and Human Services, acting through the States Code. of Columbia. Service and in cooperation with the Bureau’’ SEC. 3. DETERMINATION OF BUDGETARY EF- According to the Committee to Pro- and inserting ‘‘The Service, in cooperation FECTS. tect Journalists, 1,382 journalists have with the Bureau’’; and The budgetary effects of this Act, for the been killed since 1992 as a result of (ii) by striking ‘‘sexual abuse’’ and insert- purpose of complying with the Statutory their work in combat or crossfire or ing ‘‘abuse or neglect’’; Pay-As-You-Go Act of 2010, shall be deter- while carrying out dangerous assign- (B) in subsection (b) through the end of the mined by reference to the latest statement ments. Hundreds more each year are section, by striking ‘‘Secretary of Health titled ‘‘Budgetary Effects of PAYGO Legisla- and Human Services’’ each place it appears tion’’ for this Act, submitted for printing in attacked, imprisoned, and tortured. and inserting ‘‘Service’’; the Congressional Record by the Chairman of Threats and attacks against journal- (C) in subsection (b)(1), by inserting after the House Budget Committee, provided that ists are not new, but today journalists ‘‘Any Indian tribe or intertribal consortium’’ such statement has been submitted prior to face an increasingly hostile environ- the following: ‘‘, on its own or in partnership the vote on passage. ment. H.R. 3465 was introduced 1 year with an urban Indian organization,’’; The SPEAKER pro tempore. Pursu- after the deadliest attack on journal- (D) in subsections (b)(2)(B) and (d), by ant to the rule, the gentlewoman from ists in modern United States history striking ‘‘such Secretary’’ each place it ap- when five Capital Gazette employees pears and inserting ‘‘the Service’’; New Mexico (Ms. HAALAND) and the (E) by amending subsection (c) to read as gentlewoman from Wyoming (Ms. CHE- were killed in their Annapolis, Mary- follows: NEY) each will control 20 minutes. land, newsroom on June 28, 2018. ‘‘(c) CULTURALLY APPROPRIATE TREAT- The Chair recognizes the gentle- Madam Speaker, this memorial will MENT.—In awarding grants under this sec- woman from New Mexico. stand as an important reminder of the tion, the Service shall encourage the use of GENERAL LEAVE First Amendment and the vital impor- culturally appropriate treatment services Ms. HAALAND. I ask unanimous con- tance that a free and independent press and programs that respond to the unique cul- plays in defending all of our rights. tural values, customs, and traditions of ap- sent that all Members may have 5 leg- plicant Indian Tribes.’’; islative days in which to revise and ex- I urge adoption of the measure, and I (F) in subsection (d)(2), by striking ‘‘the tend their remarks and include extra- yield back the balance of my time. Secretary’’ and inserting ‘‘the Service’’; neous material on the measure under Ms. HAALAND. Madam Speaker, I (G) by redesignating subsection (e) as sub- consideration. urge my colleagues to support the leg- section (f); The SPEAKER pro tempore. Is there islation, and I yield back the balance of (H) by inserting after subsection (d) the objection to the request of the gentle- my time. following: ‘‘(e) REPORT.—Not later than 2 years after woman from New Mexico? The SPEAKER pro tempore. The question is on the motion offered by the date of the enactment of the Native There was no objection. American Child Protection Act, the Service Ms. HAALAND. Madam Speaker, I the gentlewoman from New Mexico shall submit a report to Congress on the yield myself such time as I may con- (Ms. HAALAND) that the House suspend award of grants under this section. The resume. the rules and pass the bill, H.R. 3465, as port shall contain— I rise in support of H.R. 3465, the amended. ‘‘(1) a description of treatment and services Fallen Journalists Memorial Act intro- The question was taken; and (two- for which grantees have used funds awarded duced by my fellow committee mem- thirds being in the affirmative) the under this section; and ‘‘(2) any other information that the Serv- ber, Representative NAPOLITANO. rules were suspended and the bill, as This bill would authorize a memorial amended, was passed. ice requires.’’; and (I) by amending subsection (f) (as so redes- to honor the reporters, A motion to reconsider was laid on ignated by subparagraph (G) of this para- photojournalists, producers, editors, the table. graph), to read as follows: and countless others who have lost f ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— their lives while performing their jobs. There are authorized to be appropriated to Every day, journalists at home and NATIVE AMERICAN CHILD carry out this section $30,000,000 for each of abroad place their lives at risk in pur- PROTECTION ACT fiscal years 2021 through 2026.’’. suit of the truth and in defense of our Ms. HAALAND. Madam Speaker, I (3) In section 410 (25 U.S.C. 3209)— move to suspend the rules and pass the (A) in the heading— First Amendment right to a free and (i) by inserting ‘‘ ’’ before ‘‘ bill (H.R. 4957) to amend the Indian NATIONAL IN- independent press. DIAN’’; and In 2018 alone, nearly 80 journalists Child Protection and Family Violence (ii) by striking ‘‘CENTERS’’ and inserting from around the world were murdered Prevention Act, as amended. ‘‘CENTER’’; in their line of work. Yet, with the clo- The Clerk read the title of the bill. (B) by amending subsections (a) and (b) to sure of the Newseum earlier this year, The text of the bill is as follows: read as follows: there is no memorial that commemo- H.R. 4957 ‘‘(a) ESTABLISHMENT.—Not later than one rates those who have paid the ultimate year after the date of the enactment of the Be it enacted by the Senate and House of Rep- Native American Child Protection Act, the sacrifice while fulfilling their duty to resentatives of the United States of America in Secretary shall establish a National Indian deliver the news. Congress assembled, Child Resource and Family Services Center. The memorial envisioned in H.R. 3465 SECTION 1. SHORT TITLE. ‘‘(b) REPORT.—Not later than 2 years after would be a fitting tribute to their sac- This Act may be cited as the ‘‘Native the date of the enactment of the Native rifices and an affirmation of our Na- American Child Protection Act’’. American Child Protection Act, the Sec- tion’s commitment to a free press. SEC. 2. INDIAN CHILD PROTECTION AND FAMILY retary of the Interior, acting through the I strongly urge my colleagues to sup- VIOLENCE PREVENTION ACT Bureau of Indian Affairs, shall submit a re- AMENDMENTS. port to Congress on the status of the Na- port this bill, and I reserve the balance The Indian Child Protection and Family tional Indian Child Resource and Family of my time. Violence Prevention Act (25 U.S.C. 3202 et Services Center.’’; Ms. CHENEY. Madam Speaker, I seq.) is amended as follows: (C) in subsection (c)— yield myself such time as I may con- (1) By amending section 403(3)(A) (25 U.S.C. (i) by striking ‘‘Each’’ and inserting sume. 3202(3)(A)) to read as follows: ‘‘The’’; and

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.011 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4561 (ii) by striking ‘‘multidisciplinary’’; ordination of child abuse and neglect preven- which to revise and extend their re- (D) in subsection (d)— tion, investigation, and treatment services; marks and include extraneous material (i) in the text before paragraph (1), by ‘‘(E) child protective services operational on the measure under consideration. striking ‘‘Each’’ and inserting ‘‘The’’; costs including transportation, risk and pro- The SPEAKER pro tempore. Is there (ii) in paragraph (1), by striking ‘‘and tective factors assessments, family engage- objection to the request of the gentle- inter-tribal consortia’’ and inserting ‘‘inter- ment and kinship navigator services, and rel- tribal consortia, and urban Indian organiza- ative searches, criminal background checks woman from New Mexico? tions’’; for prospective placements, and home stud- There was no objection. (iii) in paragraph (2), by inserting ‘‘urban ies; and Ms. HAALAND. Madam Speaker, I Indian organizations,’’ after ‘‘tribal organi- ‘‘(F) development of a Tribal child protec- yield myself such time as I may con- zations,’’; tion or multidisciplinary team to assist in sume. (iv) in paragraph (3)— the prevention and investigation of child Madam Speaker, H.R. 4957, intro- (I) by inserting ‘‘and technical assistance’’ abuse and neglect;’’; duced by Representative RUBEN after training; and (ii) in paragraph (2)— GALLEGO from Arizona, amends and re- (II) by striking ‘‘and to tribal organiza- (I) in subparagraph (A), by inserting ‘‘in authorizes several programs within the tions’’ and inserting ‘‘, Tribal organizations, culturally appropriate ways’’ after ‘‘inci- Indian Child Protection and Family Vi- and urban Indian organizations’’; dents of family violence’’; and olence Prevention Act in order to im- (v) in paragraph (4)— (II) in subparagraph (C), by inserting ‘‘that prove the prevention, investigation, (I) by inserting ‘‘, State,’’ after ‘‘Federal’’; may include culturally appropriate pro- treatment, and prosecution of family and grams’’ after ‘‘training programs’’; and (II) by striking ‘‘and tribal’’ and inserting (iii) in paragraph (3)— violence, child abuse, and child neglect ‘‘Tribal, and urban Indian’’; and (I) in subparagraph (A), by inserting ‘‘and involving Native American children (vi) by amending paragraph (5) to read as neglect’’ after ‘‘abuse’’; and and families. follows: (II) in subparagraph (B), by striking There is an enormous need for family ‘‘(5) develop model intergovernmental ‘‘cases, to the extent practicable,’’ and in- violence prevention and treatment re- agreements between Tribes and States, and serting ‘‘and neglect cases’’; sources in Tribal communities. Native other materials that provide examples of (B) in subsection (f)— children experience child abuse and ne- how Federal, State, and Tribal governments (i) in paragraph (2), by striking ‘‘develop, glect at an elevated rate, which leads can develop effective relationships and pro- in consultation with Indian tribes, appro- many to require special education serv- vide for maximum cooperation in the fur- priate caseload standards and staffing re- ices, to be more likely to be involved in therance of prevention, investigation, treat- quirements which are comparable to stand- ment, and prosecution of incidents of family ards developed by the National Association the juvenile and criminal justice sys- violence and child abuse and child neglect of Social Work, the Child Welfare League of tems, and to have long-term mental involving Indian children and families.’’; and America and other professional associations health needs. (E) in subsection (e)— in the field of social work and child welfare’’ The passage of H.R. 4957 will create (i) in the heading, by striking ‘‘MULTIDISCI- and inserting ‘‘develop, not later than one technical assistance programs in the PLINARY TEAM’’ and inserting ‘‘TEAM’’; year after the date of the enactment of the Bureau of Indian Affairs, allow for (ii) in the text before paragraph (1), by Native American Child Protection Act, in urban Indian organizations to partner striking ‘‘Each multidisciplinary’’ and in- consultation with Indian Tribes, appropriate with Tribal governments, and ensure serting ‘‘The’’; and caseload standards and staffing require- culturally competent care. (F) by amending subsections (f), (g), and (h) ments’’; I thank subcommittee Chair RUBEN to read as follows: (ii) in paragraph (3)(D), by striking ‘‘sexual GALLEGO for introducing and cham- ‘‘(f) CENTER ADVISORY BOARD.—The Sec- abuse’’ and inserting ‘‘abuse and neglect, pioning this vitally important legisla- retary shall establish an advisory board to high incidence of family violence’’; advise and assist the National Indian Child (iii) by amending paragraph (4) to read as tion, and I urge my colleagues to sup- Resource and Family Services Center in car- follows: port H.R. 4957. rying out its activities under this section. ‘‘(4) The formula established pursuant to Madam Speaker, I reserve the bal- The advisory board shall consist of 12 mem- this subsection shall provide funding nec- ance of my time. bers appointed by the Secretary from Indian essary to support not less than one child pro- Ms. CHENEY. Madam Speaker, I Tribes, Tribal organizations, and urban In- tective services or family violence case- yield myself such time as I may con- dian organizations with expertise in child worker, including fringe benefits and support sume. abuse and child neglect. Members shall serve costs, for each Indian Tribe.’’; and Madam Speaker, H.R. 4957 reauthor- without compensation, but may be reim- (iv) in paragraph (5), by striking ‘‘tribes’’ ized three programs that are intended bursed for travel and other expenses while and inserting ‘‘Indian Tribes’’; to prevent cases within our Indian carrying out the duties of the board. The ad- (C) by amending subsection (g) to read as visory board shall assist the Center in co- communities of child abuse, neglect, follows: family violence, and trauma, as well as ordinating programs, identifying training ‘‘(g) REPORT.—Not later than 2 years after and technical assistance materials, and de- the date of the enactment of the Native providing treatment for victims of In- veloping intergovernmental agreements re- American Child Protection Act, the Sec- dian child sexual abuse. lating to family violence, child abuse, and retary of the Interior, acting through the The authorization for appropriations child neglect. Bureau of Indian Affairs, shall submit a re- for these three programs expired in ‘‘(g) APPLICATION OF INDIAN SELF-DETER- port to Congress on the award of grants 1997. This bill also makes important MINATION ACT TO THE CENTER.—The National under this section. The report shall con- Indian Child Resource and Family Services underlying technical changes to the tain— Center shall be subject to the provisions of statute, requiring agency reports on ‘‘(1) a description of treatment and services the Indian Self-Determination Act. The Sec- grant awards. for which grantees have used funds awarded retary may also contract for the operation of Madam Speaker, while the Indian under this section; and the Center with a nonprofit Indian organiza- ‘‘(2) any other information that the Sec- Child Protection and Family Violence tion governed by an Indian-controlled board retary of the Interior requires.’’; and Prevention Act is one of the only feder- of directors that have substantial experience (D) by amending subsection (i) to read as ally dedicated child abuse prevention in child abuse, child neglect, and family vio- follows: and victim treatment programs pro- lence involving Indian children and families. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— viding funding for Tribal governments, There are authorized to be appropriated to There are authorized to be appropriated to Congress has only appropriated ap- carry out this section $3,000,000 for each of carry out this section $60,000,000 for each of proximately $5 million for this pro- fiscal years 2021 through 2026.’’. fiscal years 2021 through 2026.’’. gram. (4) In section 411 (25 U.S.C. 3210)— The SPEAKER pro tempore. Pursu- I am grateful to the sponsor for (A) in subsection (d)— ant to the rule, the gentlewoman from bringing our attention to this impor- (i) in paragraph (1)— New Mexico (Ms. HAALAND) and the tant issue as we all work together to (I) in subparagraph (A), by striking ‘‘abuse gentlewoman from Wyoming (Ms. CHE- end abuse, neglect, and violence across and child neglect’’ and inserting ‘‘abuse, ne- NEY) each will control 20 minutes. our States and on our reservations. glect, or both’’; The Chair recognizes the gentle- Madam Speaker, I yield back the bal- (II) in subparagraph (B), by striking ‘‘and’’ woman from New Mexico. at the end; and ance of my time. GENERAL LEAVE (III) by inserting after subparagraph (C), Ms. HAALAND. Madam Speaker, I the following: Ms. HAALAND. Madam Speaker, I urge my colleagues to support the leg- ‘‘(D) development of agreements between ask unanimous consent that all Mem- islation, and I yield back the balance of Tribes, States, or private agencies on the co- bers may have 5 legislative days in my time.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.010 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4562 CONGRESSIONAL RECORD — HOUSE September 21, 2020 The SPEAKER pro tempore. The (iv) other services intended to aid in devel- ble entities described in paragraph (1)(A); question is on the motion offered by oping a business. and the gentlewoman from New Mexico (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- (ii) demonstrate that together the partici- ble applicant’’ means an applicant eligible to pants meet the requirements of subpara- (Ms. HAALAND) that the House suspend apply for a grant under section 4(b). graphs (B) and (C) of paragraph (1). the rules and pass the bill, H.R. 4957, as (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (c) APPLICATION AND SELECTION PROCESS.— amended. has the meaning given the term in section 4 (1) APPLICATION REQUIREMENTS.—Each eli- The question was taken; and (two- of the Indian Self-Determination and Edu- gible applicant desiring a grant under the thirds being in the affirmative) the cation Assistance Act (25 U.S.C. 5304). program shall submit to the Secretary an ap- rules were suspended and the bill, as (4) INSTITUTION OF HIGHER EDUCATION.—The plication at such time, in such manner, and amended, was passed. term ‘‘institution of higher education’’ has containing such information as the Sec- the meaning given the term in section 101 of retary may require, including— A motion to reconsider was laid on (A) a certification that the applicant— the table. the Higher Education Act of 1965 (20 U.S.C. 1001). (i) is an eligible applicant; f (5) NATIVE AMERICAN; NATIVE.—The terms (ii) will designate an executive director or ‘‘Native American’’ and ‘‘Native’’ have the program manager, if such director or man- NATIVE AMERICAN BUSINESS ager has not been designated, to manage the INCUBATORS PROGRAM ACT meaning given the term ‘‘Indian’’ in section 4 of the Indian Self-Determination and Edu- business incubator; and Ms. HAALAND. Madam Speaker, I cation Assistance Act (25 U.S.C. 5304). (iii) agrees— (I) to a site evaluation by the Secretary as move to suspend the rules and pass the (6) NATIVE BUSINESS.—The term ‘‘Native business’’ means a business concern that is part of the final selection process; bill (S. 294) to establish a business in- (II) to an annual programmatic and finan- cubators program within the Depart- at least 51-percent owned and controlled by 1 or more Native Americans. cial examination for the duration of the ment of the Interior to promote eco- grant; and (7) NATIVE ENTREPRENEUR.—The term ‘‘Na- nomic development in Indian reserva- tive entrepreneur’’ means an entrepreneur (III) to the maximum extent practicable, tion communities. who is a Native American. to remedy any problems identified pursuant to the site evaluation under subclause (I) or The Clerk read the title of the bill. (8) PROGRAM.—The term ‘‘program’’ means The text of the bill is as follows: the program established under section 4(a). an examination under subclause (II); (B) a description of the 1 or more reserva- (9) RESERVATION.—The term ‘‘reservation’’ S. 294 tion communities to be served by the busi- has the meaning given the term in section 3 Be it enacted by the Senate and House of Rep- ness incubator; of the Indian Financing Act of 1974 (25 U.S.C. resentatives of the United States of America in (C) a 3-year plan that describes— 1452). Congress assembled, (i) the number of Native businesses and Na- (10) SECRETARY.—The term ‘‘Secretary’’ tive entrepreneurs to be participating in the SECTION 1. SHORT TITLE. means the Secretary of the Interior. business incubator; This Act may be cited as the ‘‘Native (11) TRIBAL COLLEGE OR UNIVERSITY.—The (ii) whether the business incubator will American Business Incubators Program term ‘‘tribal college or university’’ has the focus on a particular type of business or in- Act’’. meaning given the term ‘‘Tribal College or dustry; SEC. 2. FINDINGS. University’’ in section 316(b) of the Higher (iii) a detailed breakdown of the services to Congress finds that— Education Act of 1965 (20 U.S.C. 1059c(b)). be offered to Native businesses and Native (1) entrepreneurs face specific challenges SEC. 4. ESTABLISHMENT OF PROGRAM. entrepreneurs participating in the business when transforming ideas into profitable busi- (a) IN GENERAL.—The Secretary shall es- incubator; and ness enterprises; tablish a program in the Office of Indian En- (iv) a detailed breakdown of the services, if (2) entrepreneurs that want to provide ergy and Economic Development under any, to be offered to Native businesses and products and services in reservation commu- which the Secretary shall provide financial Native entrepreneurs not participating in nities face an additional set of challenges assistance in the form of competitive grants the business incubator; that requires special knowledge; to eligible applicants for the establishment (D) information demonstrating the effec- (3) a business incubator is an organization and operation of business incubators that tiveness and experience of the eligible appli- that assists entrepreneurs in navigating ob- serve reservation communities by providing cant in— stacles that prevent innovative ideas from business incubation and other business serv- (i) conducting financial, management, and becoming viable businesses by providing ices to Native businesses and Native entre- marketing assistance programs designed to services that include— preneurs. educate or improve the business skills of cur- (A) workspace and facilities resources; (b) ELIGIBLE APPLICANTS.— rent or prospective businesses; (B) access to capital, business education, (1) IN GENERAL.—To be eligible to receive a (ii) working in and providing services to and counseling; grant under the program, an applicant Native American communities; (C) networking opportunities; shall— (iii) providing assistance to entities con- (D) mentorship opportunities; and (A) be— ducting business in reservation commu- (E) an environment intended to help estab- (i) an Indian tribe; nities; lish and expand business operations; (ii) a tribal college or university; (iv) providing technical assistance under (4) the business incubator model is suited (iii) an institution of higher education; or Federal business and entrepreneurial devel- to accelerating entrepreneurship in reserva- (iv) a private nonprofit organization or opment programs for which Native busi- tion communities because the business incu- tribal nonprofit organization that— nesses and Native entrepreneurs are eligible; bator model promotes collaboration to ad- (I) provides business and financial tech- and dress shared challenges and provides individ- nical assistance; and (v) managing finances and staff effectively; ually tailored services for the purpose of (II) will commit to serving 1 or more res- and overcoming obstacles unique to each partici- ervation communities; (E) a site description of the location at pating business; and (B) be able to provide the physical work- which the eligible applicant will provide (5) business incubators will stimulate eco- space, equipment, and connectivity nec- physical workspace, including a description nomic development by providing Native en- essary for Native businesses and Native en- of the technologies, equipment, and other re- trepreneurs with the tools necessary to grow trepreneurs to collaborate and conduct busi- sources that will be available to Native busi- businesses that offer products and services to ness on a local, regional, national, and inter- nesses and Native entrepreneurs partici- reservation communities. national level; and pating in the business incubator. SEC. 3. DEFINITIONS. (C) in the case of an entity described in (2) EVALUATION CONSIDERATIONS.— In this Act: clauses (ii) through (iv) of subparagraph (A), (A) IN GENERAL.—In evaluating each appli- (1) BUSINESS INCUBATOR.—The term ‘‘busi- have been operational for not less than 1 cation, the Secretary shall consider— ness incubator’’ means an organization year before receiving a grant under the pro- (i) the ability of the eligible applicant— that— gram. (I) to operate a business incubator that ef- (A) provides physical workspace and facili- (2) JOINT PROJECT.— fectively imparts entrepreneurship and busi- ties resources to startups and established (A) IN GENERAL.—Two or more entities may ness skills to Native businesses and Native businesses; and submit a joint application for a project that entrepreneurs, as demonstrated by the expe- (B) is designed to accelerate the growth combines the resources and expertise of rience and qualifications of the eligible ap- and success of businesses through a variety those entities at a physical location dedi- plicant; of business support resources and services, cated to assisting Native businesses and Na- (II) to commence providing services within including— tive entrepreneurs under the program. a minimum period of time, to be determined (i) access to capital, business education, (B) CONTENTS.—A joint application sub- by the Secretary; and and counseling; mitted under subparagraph (A) shall— (III) to provide quality incubation services (ii) networking opportunities; (i) contain a certification that each partic- to a significant number of Native businesses (iii) mentorship opportunities; and ipant of the joint project is one of the eligi- and Native entrepreneurs;

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.016 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4563 (ii) the experience of the eligible applicant paragraph (A) with respect to an eligible ap- (iii) marketing education, including train- in providing services in Native American plicant if, after considering the ability of the ing and counseling in— communities, including in the 1 or more res- eligible applicant to provide non-Federal (I) identifying and segmenting domestic ervation communities described in the appli- contributions, the Secretary determines and international market opportunities; cation; and that— (II) preparing and executing marketing (iii) the proposed location of the business (i) the proposed business incubator will plans; incubator. provide quality business incubation services; (III) locating contract opportunities; (B) PRIORITY.— and (IV) negotiating contracts; and (i) IN GENERAL.—In evaluating the proposed (ii) the 1 or more reservation communities (V) using varying public relations and ad- location of the business incubator under sub- to be served are unlikely to receive similar vertising techniques; paragraph (A)(iii), the Secretary shall— services because of remoteness or other rea- (E) provide direct mentorship or assistance (I) consider the program goal of achieving sons that inhibit the provision of business finding mentors in the industry in which the broad geographic distribution of business in- and entrepreneurial development services. Native business or Native entrepreneur oper- cubators; and (4) RENEWALS.— ates or intends to operate; and (II) except as provided in clause (ii), give (A) IN GENERAL.—The Secretary may renew (F) provide access to networks of potential priority to eligible applicants that will pro- a grant award under the program for a term investors, professionals in the same or simi- vide business incubation services on or near not to exceed 3 years. lar fields, and other business owners with the reservation of the 1 or more communities (B) CONSIDERATIONS.—In determining similar businesses. that were described in the application. whether to renew a grant award, the Sec- (3) TECHNOLOGY.—Each eligible applicant (ii) EXCEPTION.—The Secretary may give retary shall consider with respect to the eli- shall leverage technology to the maximum priority to an eligible applicant that is not gible applicant— extent practicable to provide Native busi- located on or near the reservation of the 1 or (i) the results of the annual evaluations of nesses and Native entrepreneurs with access more communities that were described in the the eligible applicant under subsection (f)(1); to the connectivity tools needed to compete application if the Secretary determines (ii) the performance of the business incu- and thrive in 21st-century markets. that— bator of the eligible applicant, as compared (f) OVERSIGHT.— (I) the location of the business incubator to the performance of other business incuba- will not prevent the eligible applicant from tors receiving assistance under the program; (1) ANNUAL EVALUATIONS.—Not later than 1 providing quality business incubation serv- (iii) whether the eligible applicant con- year after the date on which the Secretary ices to Native businesses and Native entre- tinues to be eligible for the program; and awards a grant to an eligible applicant under preneurs from the 1 or more reservation (iv) the evaluation considerations for ini- the program, and annually thereafter for the communities to be served; and tial awards under subsection (c)(2). duration of the grant, the Secretary shall (II) siting the business incubator in the (C) NON-FEDERAL CONTRIBUTIONS FOR RE- conduct an evaluation of, and prepare a re- identified location will serve the interests of NEWALS.—An eligible applicant that receives port on, the eligible applicant, which shall— the 1 or more reservation communities to be a grant renewal under subparagraph (A) shall (A) describe the performance of the eligible served. provide non-Federal contributions in an applicant; and (3) SITE EVALUATION.— amount equal to not less than 33 percent of (B) be used in determining the ongoing eli- (A) IN GENERAL.—Before making a grant to the total amount of the grant. gibility of the eligible applicant. an eligible applicant, the Secretary shall (5) NO DUPLICATIVE GRANTS.—An eligible (2) ANNUAL REPORT.— conduct a site visit, evaluate a video submis- applicant shall not be awarded a grant under (A) IN GENERAL.—Not later than 1 year sion, or evaluate a written site proposal (if the program that is duplicative of existing after the date on which the Secretary awards the applicant is not yet in possession of the Federal funding from another source. a grant to an eligible applicant under the site) of the proposed site to ensure the pro- (e) PROGRAM REQUIREMENTS.— program, and annually thereafter for the du- posed site will permit the eligible applicant (1) USE OF FUNDS.—An eligible applicant re- ration of the grant, each eligible applicant to meet the requirements of the program. ceiving a grant under the program may use receiving an award under the program shall (B) WRITTEN SITE PROPOSAL.—A written grant amounts— submit to the Secretary a report describing site proposal shall meet the requirements de- (A) to provide physical workspace and fa- the services the eligible applicant provided scribed in paragraph (1)(E) and contain— cilities for Native businesses and Native en- under the program during the preceding (i) sufficient detail for the Secretary to entrepreneurs participating in the business in- year. sure in the absence of a site visit or video cubator; (B) REPORT CONTENT.—The report described submission that the proposed site will per- (B) to establish partnerships with other in- in subparagraph (A) shall include— mit the eligible applicant to meet the re- stitutions and entities to provide com- (i) a detailed breakdown of the Native busi- quirements of the program; and prehensive business incubation services to nesses and Native entrepreneurs receiving (ii) a timeline describing when the eligible Native businesses and Native entrepreneurs services from the business incubator, includ- applicant will be— participating in the business incubator; and ing, for the year covered by the report— (I) in possession of the proposed site; and (C) for any other uses typically associated (I) the number of Native businesses and (II) operating the business incubator at the with business incubators that the Secretary Native entrepreneurs participating in or re- proposed site. determines to be appropriate and consistent ceiving services from the business incubator (C) FOLLOWUP.—Not later than 1 year after with the purposes of the program. and the types of services provided to those awarding a grant to an eligible applicant (2) MINIMUM REQUIREMENTS.—Each eligible Native businesses and Native entrepreneurs; that submits an application with a written applicant receiving a grant under the pro- (II) the number of Native businesses and site proposal, the Secretary shall conduct a gram shall— Native entrepreneurs established and jobs site visit or evaluate a video submission of (A) offer culturally tailored incubation created or maintained; and the site to ensure the site is consistent with services to Native businesses and Native en- (III) the performance of Native businesses the written site proposal. trepreneurs; and Native entrepreneurs while participating (d) ADMINISTRATION.— (B) use a competitive process for selecting in the business incubator and after gradua- (1) DURATION.—Each grant awarded under Native businesses and Native entrepreneurs tion or departure from the business incu- the program shall be for a term of 3 years. to participate in the business incubator; bator; and (2) PAYMENT.— (C) provide physical workspace that per- (ii) any other information the Secretary (A) IN GENERAL.—Except as provided in mits Native businesses and Native entre- may require to evaluate the performance of subparagraph (B), the Secretary shall dis- preneurs to conduct business and collaborate a business incubator to ensure appropriate burse grant funds awarded to an eligible ap- with other Native businesses and Native en- implementation of the program. plicant in annual installments. trepreneurs; (C) LIMITATIONS.—To the maximum extent (B) MORE FREQUENT DISBURSEMENTS.—On (D) provide entrepreneurship and business practicable, the Secretary shall not require request by the applicant, the Secretary may skills training and education to Native busi- an eligible applicant to report under sub- make disbursements of grant funds more fre- nesses and Native entrepreneurs including— paragraph (A) information provided to the quently than annually, on the condition that (i) financial education, including training Secretary by the eligible applicant under disbursements shall be made not more fre- and counseling in— other programs. quently than quarterly. (I) applying for and securing business cred- (D) COORDINATION.—The Secretary shall co- (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL it and investment capital; ordinate with the heads of other Federal ASSISTANCE.— (II) preparing and presenting financial agencies to ensure that, to the maximum ex- (A) IN GENERAL.—Except as provided in statements; and tent practicable, the report content and form subparagraph (B), an eligible applicant that (III) managing cash flow and other finan- under subparagraphs (A) and (B) are con- receives a grant under the program shall pro- cial operations of a business; sistent with other reporting requirements vide non-Federal contributions in an amount (ii) management education, including for Federal programs that provide business equal to not less than 25 percent of the grant training and counseling in planning, organi- and entrepreneurial assistance. amount disbursed each year. zation, staffing, directing, and controlling (3) REPORT TO CONGRESS.— (B) WAIVER.—The Secretary may waive, in each major activity or function of a business (A) IN GENERAL.—Not later than 2 years whole or in part, the requirements of sub- or startup; and after the date on which the Secretary first

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.006 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4564 CONGRESSIONAL RECORD — HOUSE September 21, 2020 awards funding under the program, and bien- Ms. HAALAND. Madam Speaker, I tors can play in generating economic nially thereafter, the Secretary shall submit yield myself such time as I may con- growth and economic activity and sup- to the Committee on Indian Affairs of the sume. porting our Tribal businesses. I thank Senate and the Committee on Natural Re- Madam Speaker, S. 294, introduced my colleague very much for bringing sources of the House of Representatives a re- by Senator TOM UDALL from the great port on the performance and effectiveness of this legislation to the floor here in the the program. State of New Mexico, will establish a House. (B) CONTENTS.—Each report submitted business incubators program within As defined in this bill, Madam Speak- under subparagraph (A) shall— the Department of the Interior to pro- er, a business incubator is an organiza- (i) account for each program year; and mote entrepreneurship and economic tion that provides physical workspace (ii) include with respect to each business development on Indian reservations. and facilities resources to startups and incubator receiving grant funds under the Indian Tribes face many unique ob- established businesses. program— stacles in their mission to bring indus- As my colleague has pointed out, (I) the number of Native businesses and try and economic development to In- there are many challenges that are Native entrepreneurs that received business dian Country. The end result is an in- unique to our Tribal communities that incubation or other services; creased cost of doing business in Indian this bill will help to focus on and help (II) the number of businesses established with the assistance of the business incu- Country, which stifles outside invest- members of our Tribes overcome. bator; ment. By offering services that range from (III) the number of jobs established or Moreover, every entrepreneur faces workplace enhancement, comprehen- maintained by Native businesses and Native challenges when transforming ideas sive skills training, and networking as- entrepreneurs receiving business incubation into a profitable business. However, sistance, business incubators have been services, including a description of where the there are specific and unique chal- a reliable and consistent solution to jobs are located with respect to reservation lenges associated with establishing a many of the challenges startup busi- communities; business in Indian Country that put na- nesses face around the country and to (IV) to the maximum extent practicable, tive entrepreneurs at a disadvantage. many of the challenges that continue the amount of capital investment and loan For example, much of the land in In- financing accessed by Native businesses and to plague Indian Country. Native entrepreneurs receiving business indian Country is held in trust by the Madam Speaker, I urge my col- cubation services; and Federal Government. Consequently, leagues to support this legislation, and (V) an evaluation of the overall perform- the Secretary of the Interior must ap- I yield back the balance of my time. ance of the business incubator. prove activities on these lands as part b 1245 SEC. 5. REGULATIONS. of the Federal trust responsibility, Not later than 180 days after the date of which creates added expenses and un- Ms. HAALAND. Madam Speaker, I enactment of this Act, the Secretary shall certainty for Native entrepreneurs and yield myself such time as I may con- promulgate regulations to implement the their potential business partners. sume. program. Additionally, since trust land cannot Madam Speaker, because I won’t be SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPE- be alienated and cannot be used as col- here this afternoon, I would like to LINE. lateral to obtain financing, Native en- take a moment to speak on two signifi- The Secretary shall facilitate the estab- trepreneurs must look to other meth- cant missing and murdered indigenous lishment of relationships between eligible women bills coming to the floor today: applicants receiving funds through the pro- ods of raising capital to start and grow their businesses. S. 982, the Not Invisible Act, and S. 227, gram and educational institutions serving Savanna’s Act. Native American communities, including Finally, many Indian nations and tribal colleges and universities. reservations are located in rural, often Madam Speaker, I thank the majority leader, Mr. HOYER, for ensuring SEC. 7. AGENCY PARTNERSHIPS. remote, areas. The lack of infrastruc- The Secretary shall coordinate with the ture in these areas, including access to these bills are heard today and high- Secretary of Agriculture, the Secretary of high-speed broadband, is another road- lighting this critical issue that has Commerce, the Secretary of the Treasury, block that prevents Native entre- been overlooked for too long. First, S. 982, the Not Invisible Act, and the Administrator of the Small Business preneurs from succeeding. Administration to ensure, to the maximum Enactment of S. 294 will enhance In- introduced by Senator CORTEZ MASTO extent practicable, that business incubators dian Country’s ability to become more of Nevada, will help combat the long- receiving grant funds under the program standing missing and murdered indige- have the information and materials needed self-reliant by giving Native entrepreneurs the tools they need to develop nous women crisis. This bill will estab- to provide Native businesses and Native en- lish an advisory committee on violent trepreneurs with the information and assist- their businesses and create jobs in res- ance necessary to apply for business and en- ervation communities. crime to make recommendations to the trepreneurial development programs admin- These incubators will provide essen- Department of the Interior and Depart- istered by the Department of Agriculture, tial services, such as a workspace, a ment of Justice to establish best prac- the Department of Commerce, the Depart- collaborative environment, comprehen- tices to combat the epidemic of miss- ment of the Treasury, and the Small Busi- sive business skills, training, and oping persons, murder, and trafficking of ness Administration. portunities to build professional net- Native Americans and Alaska Natives. SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. works. It will also create a point person with- There are authorized to be appropriated to Also, by involving institutions of in the Bureau of Indian Affairs charged carry out the program $5,000,000 for each of with improving coordination of violent fiscal years 2020 through 2024. higher learning in the incubator program, including Tribal colleges and crime prevention efforts across Federal The SPEAKER pro tempore. Pursu- universities, the bill will establish the agencies. ant to the rule, the gentlewoman from vital school-to-business pipeline that All this work will be undertaken New Mexico (Ms. HAALAND) and the has been proven to be so successful for with an understanding of the unique gentlewoman from Wyoming (Ms. CHE- startups. challenges faced by Tribal commu- NEY) each will control 20 minutes. I am proud to be the sponsor of the nities when combating crime, violence, The Chair recognizes the gentle- House version of this legislation, along and human trafficking. The advisory woman from New Mexico. with members of the Congressional Na- committee will be comprised of local GENERAL LEAVE tive American Caucus, Representatives law enforcement, Federal partners, Ms. HAALAND. Madam Speaker, I TOM COLE, DON YOUNG, and NORMA service providers, and, most impor- ask unanimous consent that all Mem- TORRES, and I hope that my colleagues tantly, survivors and Tribal leaders. bers may have 5 legislative days in will join me in supporting S. 294. This bill is about including indige- which to revise and extend their re- Madam Speaker, I reserve the bal- nous voices by putting Native Amer- marks and include extraneous material ance of my time. ican survivors in the driver’s seat on on the measure under consideration. Ms. CHENEY. Madam Speaker, I the crisis of missing and murdered in- The SPEAKER pro tempore. Is there yield myself such time as I may con- digenous women that has plagued Trib- objection to the request of the gentle- sume. al communities for centuries. The Not woman from New Mexico? Madam Speaker, S. 294 recognizes the Invisible Act is about elevating indige- There was no objection. important role that business incuba- nous voices, because survivors of these

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.006 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4565 horrific crimes and Tribal leaders Savanna was just one of the many (Ms. HAALAND) that the House suspend know what is best for their own com- Native American women who have been the rules and pass the bill, S. 294. munities. victims of the silent crisis of missing The question was taken; and (two- Throughout history, the Federal and murdered indigenous women in the thirds being in the affirmative) the Government has told Tribes and Native United States. Native women experi- rules were suspended and the bill was people how they should approach issues ence murder rates 10 times higher than passed. on their own lands without inten- the national average, and murder is the A motion to reconsider was laid on tionally including their voices. Often, third leading cause of death for Amer- the table. these one-sided solutions have fallen ican Indians and Alaska Natives. f short or no real action was taken. I am Eighty-four percent of Native women NULLIFYING SUPPLEMENTAL here today to tell you that photo ops endure violence during their lifetime, TREATY BETWEEN UNITED and empty promises are no longer and they are twice as likely to experi- STATES OF AMERICA AND CON- enough. ence sexual assault or rape in their FEDERATED TRIBES AND BANDS While there are many Federal pro- lifetimes than any other group. This is OF INDIANS OF MIDDLE OREGON grams and resources that can be used unacceptable. to combat violent crimes in Indian Even though these alarming rates Ms. HAALAND. Madam Speaker, I Country, there is no overarching plan persist, there are no reliable systems move to suspend the rules and pass the or strategy to do so. There is little available to track this data or know bill (S. 832) to nullify the Supplemental awareness or coordination of services, exactly how many Native American Treaty Between the United States of and Federal resources may not con- women and girls go missing each year, America and the Confederated Tribes sider the actual needs of American In- because the databases that hold statis- and Bands of Indians of Middle Oregon, dians and Alaska Natives. These tics of these cases are outdated and concluded on November 15, 1865. unique cultural considerations and the there is a lack of coordination between The Clerk read the title of the bill. complex framework of criminal juris- local, State, and Tribal law enforce- The text of the bill is as follows: diction on Tribal lands simply cannot ment agencies. S. 832 be navigated by a one-size-fits-all ap- Savanna’s Act addresses these dis- Be it enacted by the Senate and House of Rep- proach. More importantly, a real solu- crepancies to find practical solutions resentatives of the United States of America in tion will never be found without the to address the epidemic of missing and Congress assembled, voices of indigenous survivors, which is murdered indigenous women by approv- SECTION 1. NULLIFICATION OF TREATY. The Supplemental Treaty Between the what is so special about this bill. ing Tribes’ access to Federal crime in- United States of America and the Confed- The crisis of missing, murdered, and formation databases, requiring the erated Tribes and Bands of Indians of Middle trafficked Native women has dev- United States to track and publish Oregon, concluded on November 15, 1865, and astated families and communities but data relating to the disappearance of entered into pursuant to the Senate resolu- has gone unaddressed throughout his- our women, and providing training and tion of ratification dated March 2, 1867 (14 tory. These losses are an open wound in technical assistance to Tribal law en- Stat. 751), shall have no force or effect. our Tribal communities and add to the forcement agencies to adequately re- The SPEAKER pro tempore. Pursu- generational trauma facing Native spond to these cases. ant to the rule, the gentlewoman from American families that many of us Madam Speaker, I thank Representa- New Mexico (Ms. HAALAND) and the have experienced. tive NORMA TORRES for inviting me to gentlewoman from Wyoming (Ms. CHE- That is why my dear friends and col- colead this critical piece of legislation NEY) each will control 20 minutes. leagues, Representatives TOM COLE, to help improve data collection of in- The Chair recognizes the gentle- SHARICE DAVIDS, and MARKWAYNE digenous women where none exists to woman from New Mexico. MULLIN, helped me introduce this bill help law enforcement follow-up rates GENERAL LEAVE in the House as the first bill in history and response times for cases that take Ms. HAALAND. Madam Speaker, I to be sponsored by four federally recog- place on and off Tribal lands. ask unanimous consent that all Mem- nized Tribal members of the Pueblo of Most importantly, this bill will help bers may have 5 legislative days in Laguna, the Chickasaw Nation, the Ho- develop new guidelines to improve law which to revise and extend their re- Chunk Nation, and the Cherokee Na- enforcement communications with marks and include extraneous material tion, respectively. families of victims to disseminate in- on the measure under consideration. Enactment of S. 982 will be one step formation of cases involving their The SPEAKER pro tempore. Is there toward finally acknowledging the pain loved ones, which is crucial, because objection to the request of the gentle- that our families have felt and giving many times no efforts are made to up- woman from New Mexico? our survivors the platform that they date families currently. There was no objection. need to begin healing the open wound To the former partner of Savanna, Ms. HAALAND. Madam Speaker, I Native American people, especially our Ashton Matheny, and her daughter, yield myself such time as I may con- women, have felt in this country for so Haisley Jo, who turned 3, 1 month ago sume. long. today, I would like to send my sin- Madam Speaker, S. 832, introduced My hope is that, together, we can use cerest condolences to their family. by Senator MERKLEY of Oregon, will the Not Invisible Act to do just that: While the passage of this bill will never nullify the supplemental treaty of 1865 not be invisible anymore. make up for their devastating loss, I between the United States and the The second bill that I would like to hope that it brings honor to Haisley’s Confederated Tribes and Bands of Indi- highlight is S. 227, Savanna’s Act. This mother, and know that it will impact ans of Middle Oregon. bill was introduced by Senator MUR- generations to come. The Warm Springs Confederated KOWSKI and is named in honor of Sa- I am proud to be the sponsor and Tribe signed a treaty with the United vanna Greywind, who was a 22-year-old colead of the House versions of S. 982, States in 1855 in which they relin- member of the Spirit Lake Tribe. the Not Invisible Act, and S. 227, Sa- quished millions of acres of their land Savanna was 8 months pregnant vanna’s Act, to help address the crisis but reserved the Warm Springs Res- when she was tragically murdered in of missing and murdered indigenous ervation for their exclusive use, as well August of 2017. At the time of her women. as off-reservation fishing, hunting, and death, she had recently gotten a job as Madam Speaker, I urge my col- gathering rights. a nursing assistant and was looking leagues to join me in supporting both After the treaty’s signing, the Tribes forward to starting her family by wel- of these bills. maintained their accustomed practice coming her first child with her partner, Madam Speaker, I urge my col- of traveling regularly to the Columbia Ashton, in North Dakota. However, leagues to support the legislation, and River to harvest salmon. However, non- this ended abruptly when Savanna was I yield back the balance of my time. Indian settlers in the area convinced brutally strangled after having her The SPEAKER pro tempore. The the Oregon Superintendent of Indian child removed from her belly in a vio- question is on the motion offered by Affairs to pursue efforts to keep the lent attack. the gentlewoman from New Mexico Tribes away.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.018 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4566 CONGRESSIONAL RECORD — HOUSE September 21, 2020 As a result, in 1865, a small number of SPRINGFIELD RACE RIOT STUDY Ms. HAALAND. Madam Speaker, I Warm Springs members were fraudu- ACT yield myself such time as I may con- lently made to sign a supplemental Ms. HAALAND. Madam Speaker, I sume. treaty that claimed to strip the Tribe’s move to suspend the rules and pass the Madam Speaker, I rise in support of off-reservation rights and to prohibit bill (H.R. 139) to establish the Spring- H.R. 139, the Springfield Race Riot their members from leaving the res- field Race Riot National Historic Study Act, introduced by Representa- ervation without a written permit Monument in the State of Illinois, and tive RODNEY DAVIS of Illinois. In August 1908, Springfield, Illinois, issued by the Federal Indian agent. for other purposes, as amended. Both the Indians of the Warm The Clerk read the title of the bill. was the site of a multiday riot, with vi- Springs Reservation and the United The text of the bill is as follows: olence directed at the African-Amer- States Government recognized that H.R. 139 ican community. this was a deceptive action and have The mob shot innocent people, Be it enacted by the Senate and House of Rep- burned almost 50 homes, looted and de- consistently ignored the 1865 agree- resentatives of the United States of America in ment while also reaffirming the Tribes’ Congress assembled, stroyed two dozen stores, and muti- off-reservation treaty rights. Passage SECTION 1. SHORT TITLE. lated and lynched two elderly Black of S. 832 will finally officially correct This Act may be cited as the ‘‘Springfield men who were merely innocent by- this historic injustice and nullify the Race Riot Study Act’’. standers. 1865 treaty. SEC. 2. RESOURCE STUDY OF SPRINGFIELD RACE b 1300 Madam Speaker, I thank and con- RIOT. gratulate Senator MERKLEY for his (a) DEFINITIONS.—In this section: All of this violence came about be- work on moving this bill through the (1) SECRETARY.—The term ‘‘Secretary’’ cause two other African-American men Senate. I also want to thank our col- means the Secretary of the Interior. were wrongly accused; one accused of (2) STUDY AREA.—The term ‘‘study area’’ attacking a White woman who, not league from Oregon, Representative means the archeological site near Madison GREG WALDEN, for his work on the long after the riots, admitted that her Street and the 10th Street Rail Corridor, and attacker was a White man; and one ac- House version of the legislation. other sites in Springfield, Illinois associated Madam Speaker, I urge quick adop- with the 1908 Springfield Race Riot. cused on slight evidence of attacking a tion of this bill, and I reserve the bal- (b) SPECIAL RESOURCE STUDY.— White girl and of murdering her father. ance of my time. (1) STUDY.—The Secretary shall conduct a In part, as a response to the riot, the Ms. CHENEY. Madam Speaker, I special resource study of the study area. NAACP was formed in 1909 to work to yield myself such time as I may con- (2) CONTENTS.—In conducting the study end segregation, discrimination, and sume. under paragraph (1), the Secretary shall— ensure African Americans are provided Madam Speaker, I rise in support of (A) evaluate the national significance of their constitutional rights. the study area; S. 832. This was the one bright light that (B) determine the suitability and feasi- emerged out of that dark moment in As my colleague has described, the bility of designating the study area as a unit bill would nullify an 1865 supplement to of the National Park System; our history, and it is an origin story the Confederated Tribes of the (C) consider other alternatives for preser- that certainly resonates today as the Umatilla Reservation. It was signed vation, protection, and interpretation of the Nation continues to grapple with race after the original 1855 treaty. study area by the Federal Government, relations and social justice. This supplemental treaty further re- State or local government entities, or pri- This bill will authorize the National stricted the rights of Tribal members vate and nonprofit organizations; Park Service to conduct a full, special to the extent that, among other things, (D) consult with interested Federal agen- resource study to determine the most cies, State or local governmental entities, they could not leave the reservation appropriate method to preserve, inter- private and nonprofit organizations, or any pret, and protect the resources associ- without written permission from the other interested individuals; and Federal agency superintendent. (E) identify cost estimates for any Federal ated with the riot and the founding of According to the Tribe, this supple- acquisition, development, interpretation, op- the NAACP. mental treaty was in response to non- eration, and maintenance associated with I want to thank Representative Indian settler concerns with Tribal the alternatives. DAVIS for his efforts on this bill, and I members using their usual and accus- (3) APPLICABLE LAW.—The study required urge all of my colleagues to support its tomed areas to hunt and fish. under paragraph (1) shall be conducted in ac- adoption. The State of Oregon has indicated it cordance with section 100507 of title 54, I reserve the balance of my time. has no intention of enforcing this anti- United States Code. Ms. CHENEY. Mr. Speaker, I yield (4) REPORT.—Not later than 3 years after myself such time as I may consume. quated and discriminatory treaty, but the date on which funds are first made avail- it does remain on the books, Madam Mr. Speaker, H.R. 139, the Springfield able for the study under paragraph (1), the Race Riot Study Act, which was spon- Speaker, and I support the Tribes’ re- Secretary shall submit to the Committee on quest to have it struck. Natural Resources of the House of Rep- sored by our colleague, Congressman Madam Speaker, I thank the sponsor resentatives and the Committee on Energy RODNEY DAVIS, authorizes the Sec- of the House companion of this bill, and Natural Resources of the Senate a report retary of the Interior to conduct a spe- Energy and Commerce Committee that describes— cial resource study of the site of the Ranking Member WALDEN, for his ef- (A) the results of the study; and Springfield race riots of 1908. forts to see this offensive provision re- (B) any conclusions and recommendations As my colleague has just described, of the Secretary. moved. on the evening of August 14, 1908, racial Madam Speaker, I urge the adoption The SPEAKER pro tempore. Pursu- tensions ignited in the Illinois capital of this measure, and I yield back the ant to the rule, the gentlewoman from of Springfield. The riot was incited by balance of my time. New Mexico (Ms. HAALAND) and the a White mob who wanted to lynch two Ms. HAALAND. Madam Speaker, I gentlewoman from Wyoming (Ms. CHE- Black inmates housed at the county urge my colleagues to support the leg- NEY) each will control 20 minutes. jail. One had been charged with mur- islation, and I yield back the balance of The Chair recognizes the gentle- dering a White man, the other with my time. woman from New Mexico. raping a White woman, an allegation The SPEAKER pro tempore. The GENERAL LEAVE that was later recanted. question is on the motion offered by Ms. HAALAND. Madam Speaker, I After the two inmates were spirited the gentlewoman from New Mexico ask unanimous consent that all Mem- away for their safety, the mob de- (Ms. HAALAND) that the House suspend bers may have 5 legislative days in stroyed Black neighborhoods and the rules and pass the bill, S. 832. which to revise and extend their re- lynched two innocent Black men. Soon The question was taken; and (two- marks and include extraneous material after this horrific weekend of violence thirds being in the affirmative) the on the measure under consideration. and racial strife, a prominent group of rules were suspended and the bill was The SPEAKER pro tempore. Is there social reformers came together in Feb- passed. objection to the request of the gentle- ruary 1909 and established the National A motion to reconsider was laid on woman from New Mexico? Association for the Advancement of the table. There was no objection. Colored People.

VerDate Sep 11 2014 06:58 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.021 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4567 Recently, archeologists uncovered term in section 8902(a) of title 40, United I reserve the balance of my time. the physical remains of five houses and States Code. Ms. CHENEY. Mr. Speaker, I yield their associated artifacts that burned (2) GOLD STAR FAMILIES.—The term ‘‘Gold myself such time as I may consume. in the 1908 riot. Last year, the National Star Families’’ includes any individual de- Mr. Speaker, in recognition of the scribed in section 3.2 of Department of De- significant and unparalleled sacrifices Park Service completed a reconnais- fense Instruction 1348.36. sance survey of the site and concluded (3) SPECIAL EVENT.—The term ‘‘special veterans have made for our country, it was likely the site that would meet events’’ has the meaning given that term in my colleague Mr. STEUBE introduced criteria for inclusion in the National section 7.96 of title 36, Code of Federal Regu- H.R. 1702 to waive the application fee Park System if fully analyzed through lations. associated with special use permits for a congressionally authorized special re- (4) VETERAN.—The term ‘‘veteran’’ has the veterans’ organizations and our Gold sources study. meaning given that term in section 101(2) of Star families at war memorials on Fed- In August, Secretary of the Interior title 38, United States Code. eral lands. (5) VETERANS’ SPECIAL EVENT.—The term Special use permits are required by David Bernhardt visited the site of the ‘‘veterans’ special event’’ means a special 1908 riot to declare it part of the re- event of which the majority of attendees are the National Park Service for activi- cently established African American veterans or Gold Star Families. ties that provide a benefit to an indi- Civil Rights Network. One goal of this (6) WAR MEMORIAL.—The term ‘‘war memo- vidual group or organization and for network is to ensure that we accu- rial’’ means any memorial or monument activities that require the use of a des- rately tell the complete and often pain- which has been erected or dedicated to com- ignated park location for a specific ful story of the struggle for civil rights memorate a military unit, military group, purpose and length of time. in our country. war, conflict, victory, or peace. When those who have served our Na- (c) APPLICABILITY.—This section shall I commend Representative DAVIS on apply to any special use permit application tion, Mr. Speaker, including Gold Star his work to highlight this tragic event submitted after the date of the enactment of families, want to hold an event whose in our Nation’s history. I urge adoption this Act. primary purpose is to commemorate or of the measure, and I yield back the (d) APPLICABILITY OF EXISTING LAWS.—Per- honor the service of veterans, they balance of my time. mit applicants remain subject to all other should not be subject to application laws, regulations, and policies regarding the fees. This bill removes a potential bar- Ms. HAALAND. Mr. Speaker, I urge application, issuance and execution of spe- my colleagues to support the legisla- cial use permits for a veterans’ special event rier and ensures our veterans are not tion, and I yield back the balance of at war memorials on land administered by discouraged from planning, hosting, or my time. the National Park Service in the District of organizing events on our public lands. The SPEAKER pro tempore (Mr. Columbia and its environs. With this bill, Mr. Speaker, we show TAKANO). The question is on the mo- The SPEAKER pro tempore. Pursu- in one more way our respect for our tion offered by the gentlewoman from ant to the rule, the gentlewoman from Nation’s veterans, and we support the New Mexico (Ms. HAALAND) that the New Mexico (Ms. HAALAND) and the special events that honor the men and House suspend the rules and pass the gentlewoman from Wyoming (Ms. CHE- women of our Armed Forces. bill, H.R. 139, as amended. NEY) each will control 20 minutes. I commend my colleague Congress- The question was taken; and (two- The Chair recognizes the gentleman STEUBE for his work on behalf of thirds being in the affirmative) the woman from New Mexico. our servicemen and -women. rules were suspended and the bill, as GENERAL LEAVE Mr. Speaker, this bill’s sponsor, Con- amended, was passed. Ms. HAALAND. Mr. Speaker, I ask gressman STEUBE, was unable to be The title of the bill was amended so unanimous consent that all Members here today to speak on his bill because as to read: ‘‘A bill to direct the Sec- have 5 legislative days in which to re- of commitments in his district. retary of the Interior to conduct a spe- vise and extend their remarks and in- Mr. Speaker, I urge adoption of this cial resource study of the site associ- clude extraneous material on the meas- measure and since I have no further ated with the 1908 Springfield Race ure under consideration. speakers, I yield back the balance of Riot in the State of Illinois.’’. The SPEAKER pro tempore. Is there my time. A motion to reconsider was laid on objection to the request of the gentle- Ms. HAALAND. Mr. Speaker, I urge woman from New Mexico? the table. my colleagues to support the legisla- There was no objection. tion, and I yield back the balance of f Ms. HAALAND. Mr. Speaker, I yield my time. FREE VETERANS FROM FEES ACT myself such time as I may consume. Mr. STEUBE. Mr. Speaker, I urge my col- Mr. Speaker, I rise in support of H.R. leagues in the House to vote in favor of my Ms. HAALAND. Mr. Speaker, I move 1702, the Free Veterans from Fees Act bill, H.R. 1702, the Free Veterans from Fees to suspend the rules and pass the bill introduced by Representative GREG Act of 2019. (H.R. 1702) to waive the application fee STEUBE. for any special use permit for veterans This bill seeks to honor the sacrifices To help foster a culture in America in which demonstrations and special events at made by our veterans and their fami- all veterans are valued for their service to our war memorials on Federal land, and for lies by waiving application fees for vet- nation, we need to do our part to assist those other purposes, as amended. erans’ special events at war memorials who have served in our military. One way we The Clerk read the title of the bill. in our Nation’s Capital for veterans can honor our nation’s heroes is to assist The text of the bill is as follows: and Gold Star families. them when they visit national war memorials as they remember all those who fought and H.R. 1702 Although the National Park Service has a longstanding practice of waiving are not here today. Be it enacted by the Senate and House of Rep- application fees for special use permits Throughout the year, several veterans’ resentatives of the United States of America in groups and Gold Star Families visit national Congress assembled, for most veterans’ events at war memorials, oftentimes, veterans’ organi- war memorials here in Washington, D.C. by SECTION 1. SHORT TITLE. honor buses and honor flights through various This Act may be cited as the ‘‘Free Vet- zations have to pay administrative fees erans from Fees Act’’. and processing costs to obtain permits veterans’ organizations. To obtain a permit for their visit, oftentimes veterans’ groups must SEC. 2. WAIVER OF SPECIAL USE PERMIT APPLI- for events such as Honor Buses. CATION FEE FOR VETERANS’ SPE- By codifying a version of this routine pay administrative fees and other processing CIAL EVENTS. practice and policy in law, we can help costs related to visiting memorials that have (a) WAIVER.—The application fee for any honor the sacrifices made by our vet- been built not only as a testament of their sac- special use permit solely for a veterans’ spe- erans and Gold Star families by ensur- rifice, but also to honor those who paid the ul- cial event at war memorials on land admin- ing that they are not required to pay timate sacrifice for our nation. istered by the National Park Service in the when visiting national war memorials This common sense bill would waive the ap- District of Columbia and its environs shall be waived. built to commemorate their bravery plication fee for any special use permits for (b) DEFINITIONS.—In this section: and our fallen heroes. veterans’ demonstration and special events at (1) DISTRICT OF COLUMBIA AND ITS ENVI- I thank Representative STEUBE for war memorials on land administrated by the RONS.—The term ‘‘the District of Columbia introducing this legislation and urge National Park Service in the District of Colum- and its environs’’ has the meaning given that my colleagues to support it. bia.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K21SE7.024 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4568 CONGRESSIONAL RECORD — HOUSE September 21, 2020 The Free Veterans from Fees Act has bipar- The SPEAKER pro tempore. Pursu- which will be paid for by the crew’s tisan support and has been endorsed by ant to the rule, the gentlewoman from families and the local community. AMVETS, a veteran organization that rep- New Mexico (Ms. HAALAND) and the This is a good and important bill resents 250,000 members nationwide. gentlewoman from Wyoming (Ms. CHE- honoring the sacrifice of those airmen I thank the House Committee on Natural NEY) each will control 20 minutes. and I applaud Congressman GIANFORTE Resources for holding a hearing on this bill The Chair recognizes the gentle- and the entire Montana delegation for and I am pleased to see it on the legislative woman from New Mexico. their efforts to get this lasting tribute calendar. You may also remember this bill GENERAL LEAVE signed into law. was passed through the Committee and Ms. HAALAND. Mr. Speaker, I ask Mr. Speaker, I urge adoption of this through suspension on the House floor last unanimous consent that all Members measure, and I yield back the balance Congress, and we hope that we can get this have 5 legislative days in which to re- of my time. bill passed under suspension this Congress. vise and extend their remarks and in- Ms. HAALAND. Mr. Speaker, I urge The SPEAKER pro tempore. The clude extraneous material on the meas- my colleagues to support the legisla- question is on the motion offered by ure under consideration tion, and I yield back the balance of the gentlewoman from New Mexico The SPEAKER pro tempore. Is there my time. (Ms. HAALAND) that the House suspend objection to the request of the gentle- The SPEAKER pro tempore. The the rules and pass the bill, H.R. 1702, as woman from New Mexico? question is on the motion offered by amended. There was no objection. the gentlewoman from New Mexico Ms. HAALAND. Mr. Speaker, I yield The question was taken; and (two- (Ms. HAALAND) that the House suspend myself such time as I may consume. thirds being in the affirmative) the the rules and pass the bill, S. 490. Mr. Speaker, I rise in support of S. rules were suspended and the bill, as 490 the B–47 Ridge Designation Act. The question was taken; and (two- amended, was passed. One of our priorities on the House thirds being in the affirmative) the The title of the bill was amended so Natural Resources Committee this rules were suspended and the bill was as to read: ‘‘A bill waive the applica- Congress has been to enhance public passed. tion fee for any special use permit for lands access for veterans and service- A motion to reconsider was laid on veterans’ special events at war memo- members and that includes allowing the table. rials on land administered by the Na- our public lands to honor those who f tional Park Service in the District of have made the ultimate sacrifice for Columbia and its environs, and for TRIBAL SCHOOL FEDERAL our country. INSURANCE PARITY ACT other purposes.’’. This bill would designate an A motion to reconsider was laid on unnamed mountain range near Emi- Ms. HAALAND. Mr. Speaker, I move the table. grant Peak in the State of Montana as to suspend the rules and pass the bill f ‘‘B–47 Ridge’’ and allow the installa- (H.R. 895) to allow tribal grant schools to participate in the Federal Employee B–47 RIDGE DESIGNATION ACT tion of a commemorative plaque at the site. Health Benefits program. Ms. HAALAND. Mr. Speaker, I move The name and plaque would memori- The Clerk read the title of the bill. to suspend the rules and pass the bill alize the tragic end to a routine train- The text of the bill is as follows: (S. 490) to designate a mountain ridge ing flight on the night of July 23, 1962. H.R. 895 in the State of Montana as ‘‘B–47 Four U.S. Air Force servicemembers Be it enacted by the Senate and House of Rep- Ridge’’. lost their lives when their B–47 stra- resentatives of the United States of America in The Clerk read the title of the bill. tegic bomber crashed at 8,500 feet. De- Congress assembled, The text of the bill is as follows: bris from the crash can still be seen on SECTION 1. SHORT TITLE. S. 490 the ridge today. This Act may be cited as the ‘‘Tribal School Federal Insurance Parity Act’’. Be it enacted by the Senate and House of Rep- This bill appropriately honors the resentatives of the United States of America in memory and sacrifice of Captain SEC. 2. AMENDMENT TO THE INDIAN HEALTH Congress assembled, Faulconer, Lieutenant Lloyd Sawyers, CARE IMPROVEMENT ACT. Section 409 of the Indian Health Care Im- SECTION 1. SHORT TITLE. Lieutenant David Sutton, and Lieuten- provement Act (25 U.S.C. 1647b) is amended This Act may be cited as the ‘‘B–47 Ridge ant Hixenbaugh. by inserting ‘‘or the Tribally Controlled Designation Act’’. I urge its immediate adoption, and I Schools Act of 1988 (25 U.S.C. 2501 et seq.)’’ SEC. 2. DESIGNATION OF B–47 RIDGE, MONTANA. reserve the balance of my time. after ‘‘(25 U.S.C. 450 et seq.)’’. (a) DESIGNATION.— Ms. CHENEY. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- (1) IN GENERAL.—The unnamed mountain myself such time as I may consume. ant to the rule, the gentlewoman from ridge located at 45°14′40.89″ N., 110°43′38.75″ W. Mr. Speaker, S. 490 designates the New Mexico (Ms. HAALAND) and the that runs south and west of Emigrant Peak mountain ridge where an Air Force B– gentlewoman from Wyoming (Ms. CHE- in the Absaroka Range in the State of Mon- 47 strategic bomber crashed while on a tana, which is the approximate site of a NEY) each will control 20 minutes. training mission in Montana in 1962 as crash of a B–47, shall be known and des- The Chair recognizes the gentle- the ‘‘B–47 Ridge.’’ ignated as ‘‘B–47 Ridge’’. woman from New Mexico. (2) REFERENCES.—Any reference in a law, This bill is the Senate companion to GENERAL LEAVE map, regulation, document, paper, or other H.R. 1267, which our Congressman record of the United States to the ridge de- GIANFORTE led here in the House. Near- Ms. HAALAND. Mr. Speaker, I ask scribed in paragraph (1) shall be deemed to ly 60 years have passed since that U.S. unanimous consent that all Members be a reference to ‘‘B–47 Ridge’’. Air Force B–47 bomber left Texas and have 5 legislative days in which to re- (b) AUTHORIZATION FOR PLAQUE.— crashed into Montana’s Emigrant Peak vise and extend their remarks and in- (1) IN GENERAL.—The Secretary of Agri- just north of Yellowstone National clude extraneous material on the meas- culture may authorize the installation and Park in the Paradise Valley. Debris re- ure under consideration. maintenance of a plaque on B–47 Ridge The SPEAKER pro tempore. Is there that— mains on the ridge where the plane (A) memorializes the 1962 crash of the B–47 crashed. S. 490 will rename the area the objection to the request of the gentle- aircraft at the site; and ‘‘B–47 Ridge’’ to honor the four-man woman from New Mexico? (B) may include the names of the victims crew who perished in the wreck. There was no objection. of the crash. Those brave airmen who died that Ms. HAALAND. Mr. Speaker, I yield (2) AUTHORIZED TERMS AND CONDITIONS.— day on the southwestern slope of Emi- myself such time as I may consume. The Secretary of Agriculture may include grant Peak during a training mission Mr. Speaker, H.R. 895, introduced by any terms and conditions in the authoriza- were: Captain Bill Faulconer, Lieuten- Representative DUSTY JOHNSON of tion for a plaque under paragraph (1) that South Dakota, authorizes Indian the Secretary of Agriculture determines to ant Lloyd Sawyers, Lieutenant David be necessary. Sutton, and Lieutenant Fred Tribes and Tribal organizations oper- (3) FUNDING.—No Federal funds may be Hixenbaugh. ating Tribally controlled schools the used to design, procure, install, or maintain This legislation will also allow for ability to access the Federal Employ- the plaque authorized under paragraph (1). the placement of a memorial plaque ees Health Benefits Program.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.013 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4569 b 1315 asking Speaker PELOSI to schedule a and for their warm words of support for Prior to 2010, Tribal employees gen- vote on final passage on S. 886. this measure. erally lacked access to the FEHB pro- THE NAVAJO NATION, They are right. H.R. 895 is about fair- gram. To fix this, Congress passed the Window Rock, AZ, July 28, 2020. ness; it is about equity; and it is about Hon. NANCY PELOSI, Indian Healthcare Improvement Act in improving Tribal school outcomes Speaker of the House of Representatives, across this country. 2010. Washington, DC. However, eligibility for Federal Now, I don’t know that it matters Hon. KEVIN MCCARTHY, where you live in this country, and I health benefits was granted only to the Republican Leader, Tribal nations that utilized the Indian Washington, DC. don’t know that it matters where you Self-Determination and Education As- DEAR SPEAKER PELOSI AND LEADER MCCAR- are in the political spectrum, it seems sistance Act, leaving behind the trib- THY: We respectfully request that you sched- like one of the things you should be ally controlled schools that operate ule a vote on final passage of S. 886, the Nav- able to recognize is that one of our ajo Utah Water Rights Settlement Act pursuant to the Tribally Controlled most difficult and most important (NUWRSA), before the House leaves for the challenges in this country is ensuring Schools Act. August recess. As discussed and explained in This gap has resulted in significant quality education for our Native stu- our June 22, 2020 letter to the House, nearly dents. financial strains on 126 tribally con- 40 percent of the Navajo Nation lacks run- trolled schools and has made it dif- ning water or adequate sanitation in their Unintentionally, a few years ago, ficult for them to recruit and maintain homes. To make matters worse, the Navajo Congress complicated those efforts. We quality educators. Passage of H.R. 895 Nation’s COVID–19 infection rate on a per passed the Indian Healthcare Improve- will remove this disparity and ensure capita basis is one of the highest in the coun- ment Act. As a part of that act, we that all BIE-operated and BIE-funded try and the Navajo Nation has more COVID– made it clear that section 638 Tribal tribally operated schools’ employees 19 deaths than many states. The House has schools could access the Federal em- an opportunity to take immediate action to ployee health insurance benefits. But have access to the FEHB program. mitigate future COVID–19 outbreaks and ad- Mr. Speaker, I want to thank our col- we denied that same treatment—again, dress the drinking water crisis on the Navajo unintentionally—for the section 297 league, Representative JOHNSON, for Reservation by passing S. 886. Although the championing this legislation. I urge my Senate unanimously passed S. 886, the House schools. In the decade since we have colleagues to support H.R. 895, and I re- of Representatives has so not acted on it, done that, millions of dollars have serve the balance of my time. further delaying the relief that it will ulti- flown out of the classroom and, in- Ms. CHENEY. Mr. Speaker, I yield mately bring to the Navajo people. stead, toward these health insurance myself such time as I may consume. The Navajo Nation has over 300,000 en- benefits. Mr. Speaker, I rise in support of H.R. rolled members and is the largest Indian res- Our bill, my bill, the Tribal School 895. As my colleague from New Mexico ervation spanning portions of Arizona, New Federal Insurance Parity Act, fixes Mexico, and Utah. The conditions on Navajo described it, this bill would enable that oversight, closes that loophole, are dire and the pandemic only compounds and addresses this problem without Tribal grant school employees to par- our needs. With so few watering points ticipate in the Federal Health Benefits across the Navajo Nation, families must costing our Federal Government a Program. travel hours to reach these points and must nickel. Under current law, the Bureau of In- ration their water accordingly. Without ac- I have visited Tribal grant schools, dian Education employees and tribally cess to clean drinking water, the Navajo Na- most recently just a few weeks ago. I managed schools operating under a tion will continue to struggle, and its mem- will tell you, Mr. Speaker, Super- self-determination contract are al- bers will be more susceptible to deadly ill- intendent Whirlwind Horse and her ready eligible for this benefit. It is nesses such as COVID–19. team work hard every single day. They S. 886 would provide the means to begin to are at Wounded Knee School on the time that we helped Tribal grant address these critical needs. Through schoolteachers. NUWRSA, the Navajo Nation would receive Pine Ridge Indian Reservation in This bill will not only provide parity approximately $220 million in federal and South Dakota. They work hard to pro- for the benefits that employees receive state funding for desperately needed drink- vide these educational opportunities at other schools serving Native chil- ing water infrastructure on the Reservation even with incredibly scarce resources. dren, but it will help keep essential in exchange for the Nation waiving its My friend, Cecilia Fire Thunder, the moneys focused on education itself. water-related claims against the United president of the Oglala Lakota Nation I want to thank the sponsor of this States and State of Utah. In 2016, Congress Education Consortium, understands legislation, my colleague Congressman first introduced the settlement legislation those challenges, which is why she has and on June 4, 2020, the Senate unanimously DUSTY JOHNSON, for his thoughtful been focused on this issue for a long passed S. 886, demonstrating the broad bi- leadership on this issue. partisan support for the legislation. time. This stand-alone legislation will go a The Navajo Nation recognizes that there is If we pass this bill, we will make long way to help Tribal grant schools more to be done for Indian Country and we their jobs just a little bit easier as they during the COVID–19 recovery period stand ready to assist you on this work, but work to shift those dollars into the and beyond. S. 886 is ready for final passage. The House’s classroom to focus them on student I am disappointed, however, Mr. inaction on S. 886 or sending it back to the education, to focus them on student Speaker, that the Democrat majority Senate for further consideration will only outcomes, and to focus them on im- has refused to act on S. 886, the Indian delay addressing the basic human needs of proving the lives of young people in In- the Navajo people. Therefore, we respectfully Water Rights Settlement Extension dian Country. Act. S. 886 includes the text of this bill request that you schedule a vote on final passage of S. 886 before the House recesses in So, I ask my colleagues, Mr. Speaker, and would also help Tribes in one of August. for a ‘‘yes’’ vote, and I ask us all to the hardest hit COVID–19 regions of the Sincerely, work with the Senate to pass H.R. 895 country, the Navajo Nation, which has JONATHAN NEZ, President. before the end of the 116th Congress. cited lack of water as a complication MYRON LIZER, Vice President. Ms. CHENEY. Mr. Speaker, I yield for fending off and defeating this dead- Ms. CHENEY. Again, Mr. Speaker, we back the balance of my time. ly virus. support the passage of Congressman Ms. HAALAND. Mr. Speaker, I urge S. 886 addresses this very issue by en- JOHNSON’s bill, H.R. 895, and would also my colleagues to support the legisla- suring better access to water for the prefer to enact this provision into law tion, and I yield back the balance of Tribe. Unfortunately, the majority has along with measures that will help the my time. let this water settlement agreement Navajo Nation with their broader The SPEAKER pro tempore. The for the Navajo collect dust. It has been water shortages. question is on the motion offered by 90 days since the Senate passed this bi- Mr. Speaker, I yield 4 minutes to the the gentlewoman from New Mexico partisan bill. Despite repeated requests gentleman from South Dakota (Mr. (Ms. HAALAND) that the House suspend for its consideration, the Democrats JOHNSON). the rules and pass the bill, H.R. 895. have taken no action to see this crit- Mr. JOHNSON of South Dakota. Mr. The question was taken; and (two- ical agreement enacted into law. Speaker, I will begin by thanking thirds being in the affirmative) the Mr. Speaker, I include in the RECORD Ranking Member CHENEY and Con- rules were suspended and the bill was a letter from Navajo President Nez gresswoman HAALAND for their support passed.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.031 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4570 CONGRESSIONAL RECORD — HOUSE September 21, 2020 A motion to reconsider was laid on that they have a higher chance of being mains little doubt that the current the table. assaulted while incarcerated. process needs to be changed. f In recent years, our Nation has fi- That is why this bill proposes a mod- nally come to the realization that est reform to the Prison Litigation Re- JUSTICE FOR JUVENILES ACT youth and adults have fundamentally form Act. It simply exempts youth in Ms. SCANLON. Mr. Speaker, I move different decisionmaking abilities. The correctional facilities from having to to suspend the rules and pass the bill Supreme Court has repeatedly cited comply with technical grievance proce- (H.R. 5053) to exempt juveniles from adolescents’ lack of maturity as a rea- dures before they can go to court to the requirements for suits by prisoners, son why they are not as culpable as challenge the unconstitutional condi- and for other purposes. adults for their actions or able to rections of their confinement. The Clerk read the title of the bill. ognize either certain consequences or While I would like to see us do much, The text of the bill is as follows: dangers. Yet, in current law, there are much more, this bill is a necessary H.R. 5053 no allowances for these differences in first step, which I ask that my col- Be it enacted by the Senate and House of Rep- cognitive abilities when it comes to ad- leagues support today. resentatives of the United States of America in dressing deficiencies in conditions of Mr. Speaker, I reserve the balance of Congress assembled, confinement. my time. The SPEAKER pro tempore. Without SECTION 1. SHORT TITLE. Pursuing claims under the Prison objection, the gentleman from North This Act may be cited as the ‘‘Justice for Litigation Reform Act, which requires Dakota (Mr. ARMSTRONG) will control Juveniles Act’’. an understanding of detailed grievance SEC. 2. EXEMPTION OF JUVENILES FROM THE the minority’s time. procedures and timelines, is nearly im- There was no objection. REQUIREMENTS FOR SUITS BY PRIS- possible for incarcerated youth, par- ONERS. Mr. ARMSTRONG. Mr. Speaker, I Section 7 of the Civil Rights of Institu- ticularly when courts have been exact- yield myself such time as I may con- tionalized Persons Act (42 U.S.C. 1997e) is ing in their requirements that the ex- sume. amended— haustion requirements be followed, no Mr. Speaker, I rise in support of H.R. (1) in subsection (h), by striking ‘‘sen- matter how sympathetic the situation. 5053, the Justice for Juveniles Act. tenced for, or adjudicated delinquent for,’’ Understanding the grievance process This bill eliminates some of the obsta- and inserting ‘‘or sentenced for’’; and is made even more challenging by the cles for juvenile prisoners seeking re- (2) by adding at the end the following: educational deficits faced by a substan- lief from our correctional facilities in ‘‘(i) EXEMPTION OF JUVENILE PRISONERS.— tial number of incarcerated juveniles. This section shall not apply to an action Federal court. pending on the date of enactment of the Jus- According to one study, among incar- Juvenile offenders often lack the tice for Juveniles Act or filed on or after cerated youth, 85 percent are function- knowledge to pursue and exhaust all such date if such action is— ally illiterate, and the baseline reading the complex administrative rules and ‘‘(1) brought by a prisoner who has not at- levels vary from grade 1 to grade 6. In grievance procedures in our correc- tained 22 years of age; or addition, approximately 70 percent of tional facilities. H.R. 5053 will provide ‘‘(2) brought by any prisoner with respect incarcerated juveniles have at least juvenile offenders quicker access to to a prison condition that occurred before one learning disability. Youth are, fur- courts when they feel they are being the prisoner attained 22 years of age.’’. thermore, less likely than adults to abused or mistreated. The SPEAKER pro tempore. Pursu- recognize as risks the circumstances President Trump has been a leader on ant to the rule, the gentlewoman from they face in a correctional facility. criminal justice reform. He signed into Pennsylvania (Ms. SCANLON) and the Compounding these challenges, in- law the bipartisan First Step Act in gentleman from Ohio (Mr. JORDAN) carcerated youth, as a group, experi- December 2018. The President has also each will control 20 minutes. ence extraordinarily high rates of men- commuted the lengthy prison sen- The Chair recognizes the gentle- tal illness. Nearly 50 percent of incar- tences of several nonviolent offenders woman from Pennsylvania. cerated 16- to 18-year-olds suffer from a and, more recently, pardoned Alice GENERAL LEAVE mental illness. Juveniles housed with Johnson, who served 22 years of a life Ms. SCANLON. Mr. Speaker, I ask adults are 10 times more likely to have sentence for nonviolent drug traf- unanimous consent that all Members psychotic episodes and have a suicide ficking. have 5 legislative days to revise and ex- rate that is 7.7 times higher than those This bill is another important step in tend their remarks and include extra- housed in juvenile facilities. criminal justice reform. I was honored neous material on the bill under con- In recent years, the public has be- to be the Republican lead on this bill. sideration. come more aware of the many dangers It was a pleasure to work with Ms. The SPEAKER pro tempore. Is there that lurk in correctional facilities. SCANLON from Pennsylvania, the bill’s objection to the request of the gentle- Hurricanes have flooded facilities; cold primary sponsor. woman from Pennsylvania? snaps have left prisoners freezing to Mr. Speaker, I urge my colleagues to There was no objection. death; and heat waves have killed pris- support this bill, and I reserve the bal- Ms. SCANLON. Mr. Speaker, I yield oners when they lack proper ventila- ance of my time. myself such time as I may consume. tion or air-conditioning. b 1330 Mr. Speaker, I rise in support of H.R. Of course, the 2019 expose by The Ms. SCANLON. Mr. Speaker, I re- 5053, the Justice for Juveniles Act. Philadelphia Inquirer exposed a long- serve the balance of my time. This bipartisan bill, which I introduced standing pattern of abuse of adoles- Mr. ARMSTRONG. Mr. Speaker, this along with my colleagues Mr. ARM- cents committed to the Glen Mills bill is a good piece of bipartisan legis- STRONG, Mr. RESCHENTHALER, and Mr. School, which was thereafter closed. lation. JEFFRIES, would eliminate the adminis- Incarceration or detention poses a I agree with Ms. SCANLON; it is an im- trative exhaustion requirement for in- special danger to youth who often portant first step. But I also think it is carcerated youth before they may file a don’t have the ability to experience or important to recognize that, when we lawsuit challenging the conditions of recognize that they are in immediate do place juvenile offenders in the adult their incarceration. danger. Adolescents incarcerated with criminal justice system, we are doing By passing this bill today, the House adults are also more prone to both some things in a different way, and will advance a measure to correct a physical and mental abuse. Youth are they have unique challenges that they manifest wrong currently present in 50 percent more likely to be physically face in those systems. Federal law and continue bipartisan ef- assaulted when they are housed in This is neither the time, necessarily, forts to support incarcerated youth. adult facilities than in juvenile facili- nor the place for the larger debate, but This bill recognizes the same conclu- ties. I think the least we can do is exhaust sion that has been embraced by the Su- Taken together, incarcerated youth some of those administrative remedies, preme Court and experts for decades— are simply not able to recognize or to given what we know. that incarcerated young people have effectively communicate when their I was proud to be the Republican different cognitive abilities than prison conditions become dangerous or colead on this bill, and I look forward adults, that they are less mature, and unconstitutionally deficient. There re- to its passage.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.033 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4571 Mr. Speaker, I yield back the balance (PLRA), requires inmates at federal, state, and I strongly support this legislation and urge of my time. local facilities to file administrative complaints all Members to join me in voting for its pas- Ms. SCANLON. Mr. Speaker, I yield through the prison in which they are detained. sage. myself such time as I may consume. Under the Justice For Juveniles Act, youth The SPEAKER pro tempore. The I thank Mr. ARMSTRONG for his help could initiate legal action to address prison question is on the motion offered by in moving this bill forward. conditions without first filing administrative the gentlewoman from Pennsylvania Mr. Speaker, this legislation is sup- complaints. (Ms. SCANLON) that the House suspend ported by a bipartisan coalition of The PLRA was designed to address the the rules and pass the bill, H.R. 5053. groups, including, #cut50, the Cam- problem of the large numbers of pro se pris- The question was taken; and (two- paign for Youth Justice, the Juvenile oner lawsuits that were being filed and inun- thirds being in the affirmative) the Law Center, the National Legal Aid dating the federal courts. rules were suspended and the bill was and Defender Association, and R Street Before the enactment of the PLRA, the passed. Institute. These organizations, as well overwhelming majority of prisoner cases were A motion to reconsider was laid on as health and legal experts, acknowl- civil rights cases filed by state prisoners in the table. edge that simplifying the legal process federal district courts and were filed prose. f The vast majority of the pre-PLRA pro se and making it less complex is con- COMPETITIVE HEALTH INSURANCE cases were filed under 42 U.S.C. § 1983; in- sistent with the developmental needs REFORM ACT OF 2020 of adolescents. carcerated juveniles filed very few lawsuits. Ms. SCANLON. Mr. Speaker, I move Therefore, H.R. 5053 was developed as Generally, to establish a claim under 42 to suspend the rules and pass the bill a bipartisan bill to protect young peo- U.S.C. § 1983, a plaintiff must show that a (H.R. 1418) to restore the application of ple from abuse in institutions by ex- person acting under color of state law de- the Federal antitrust laws to the busi- empting them from the administrative prived him of a right secured by the Constitu- ness of health insurance to protect grievance requirements that stand in tion or the laws of the United States. competition and consumers, as amend- the way of their getting relief from Pursuant to the changes brought on by the PLRA, before an incarcerated individual can ed. abusive practices. The Clerk read the title of the bill. Mr. Speaker, I ask my colleagues to file a lawsuit, he or she must take the com- plaint through all levels of a correctional facili- The text of the bill is as follows: join me in supporting this legislation H.R. 1418 today, and I yield back the balance of ty’s grievance system. If a person fails to comply with these re- Be it enacted by the Senate and House of Rep- my time. resentatives of the United States of America in Ms. JACKSON LEE. Mr. Speaker, as a sen- quirements, including missing a filing deadline that can be as short as a few days, he or she Congress assembled, ior member of the Committees on the Judici- SECTION 1. SHORT TITLE. ary and on Homeland Security, and the Con- may no longer be able to bring a lawsuit. This Act may be cited as the ‘‘Competitive This administrative remedy requirement is a gressional Black Caucus, and as a cosponsor, Health Insurance Reform Act of 2020’’. high burden for a juvenile to meet, as it re- I rise in strong support of H.R. 5053, the ‘‘Jus- SEC. 2. RESTORING THE APPLICATION OF ANTI- quires a sophisticated understanding of how to tice for Juveniles Act,’’ introduced by Con- TRUST LAWS TO THE BUSINESS OF navigate technical procedures. HEALTH INSURANCE. gresswoman SCANLON which I am proud to co- Held to an adult standard, minors are un- (a) AMENDMENT TO MCCARRAN-FERGUSON sponsor. duly prevented from litigating their abuses and ACT.—Section 3 of the Act of March 9, 1945 I want to thank Chairman NADLER for his tre- thus deprived of a critical tool for improving (15 U.S.C. 1013), commonly known as the mendous leadership during this Congress and McCarran-Ferguson Act, is amended by add- their conditions of incarceration. ing at the end the following: the past several months of hardship, stress, Moreover, the problem is made worse be- and disruption not only of the regular normal- ‘‘(c)(1) Nothing contained in this Act shall cause grievance procedures tend to rely on modify, impair, or supersede the operation of ized operations of this Committee but of the written communication and juveniles in the jus- any of the antitrust laws with respect to the Congress and more importantly, the lives of tice system typically have serious education business of health insurance (including the the American people. deficits. business of dental insurance and limited- It has been said of Americans that we do Cases from around the country make clear scope dental benefits). the difficult immediately, and the impossible that juveniles facing serious harm are deprived ‘‘(2) Paragraph (1) shall not apply with re- takes a little longer. spect to making a contract, or engaging in a of legal protections because of the PLRA ex- combination or conspiracy— The legislative session today is a testament haustion requirements. to the determination of this Committee that de- ‘‘(A) to collect, compile, or disseminate For example, in Hunter v. Corr. Corp., a 17- historical loss data; spite the coronavirus pandemic that has year-old was sexually assaulted in an adult fa- ‘‘(B) to determine a loss development fac- claimed the life of over 200,000 Americans, cility but the case was dismissed because the tor applicable to historical loss data; that legislation to improve the lives of the peo- court ruled he should have exhausted his ad- ‘‘(C) to perform actuarial services if such ple we represent and the communities we ministrative remedies first. contract, combination, or conspiracy does serve will not be halted. In another case, from Kentucky, a juvenile not involve a restraint of trade; or The problems facing ordinary Americans filed a lawsuit alleging that staff had hit him, ‘‘(D) to develop or disseminate a standard insurance policy form (including a standard due to flaws and inequities in the criminal jus- shocked him with a stun gun, and then led tice system, the immigration system, the addendum to an insurance policy form and him down the hall by his testicles to an isola- standard terminology in an insurance policy health care system, the economy, the trade- tion cell. form) if such contract, combination, or con- mark system and others do not take a time- Although the juvenile’s lawyer had dis- spiracy is not to adhere to such standard out because of the pandemic and neither does cussed the incident with the jail administrator, form or require adherence to such standard this Congress, and for that I commend Speak- the Federal Bureau of Investigation, the State form. er PELOSI, the House Democratic leadership, Police, and the Kentucky Department of Juve- ‘‘(3) For purposes of this subsection— and my colleagues on both sides of the aisle. nile Justice, the court ruled that this did not ‘‘(A) the term ‘antitrust laws’ has the meaning given it in subsection (a) of the first The bipartisan H.R. 5053, the Justice for Ju- satisfy the PLRA and the suit was dismissed veniles Act protects young people from abuse section of the Clayton Act (15 U.S.C. 12), ex- for failure to exhaust administrative remedies. cept that such term includes section 5 of the in institutions by exempting them from the ad- Mr. Speaker, exempting youth from adminis- Federal Trade Commission Act (15 U.S.C. 45) ministrative grievance provision of the Prison trative grievances acknowledges that children to the extent that such section 5 applies to Litigation Reform Act (PLRA) by enabling do not know how to protect themselves from unfair methods of competition; them to file a lawsuit concerning physical in- practices or conduct that is unconstitutional. ‘‘(B) the term ‘business of health insurance jury, sexual assault or mental abuse without The Justice For Children Act makes it easier (including the business of dental insurance first having to file an administrative grievance. for juveniles who are physically assaulted or and limited-scope dental benefits)’ does not The proposed legislation is supported by a abused to seek immediate redress in federal include— bipartisan coalition of groups including cut5o, court. ‘‘(i) the business of life insurance (including annuities); or Campaign for Youth Justice, Juvenile Law In addition, simplifying the legal process and ‘‘(ii) the business of property or casualty Center, National Legal Aid & Defender Asso- making it more readily available to these juve- insurance, including but not limited to— ciation, and R Street Institute. niles is also in keeping with the Supreme ‘‘(I) any insurance or benefits defined as The administrative grievance procedure, es- Court’s conclusions regarding the develop- ‘excepted benefits’ under paragraph (1), sub- tablished by the Prison Litigation Reform Act mental needs of adolescents. paragraph (B) or (C) of paragraph (2), or

VerDate Sep 11 2014 06:58 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.036 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4572 CONGRESSIONAL RECORD — HOUSE September 21, 2020 paragraph (3) of section 9832(c) of the Inter- nies worried that it could jeopardize America’s healthcare system. I encour- nal Revenue Code of 1986 (26 U.S.C. 9832(c)) certain collective practices, like joint age my colleagues to support this bill, whether offered separately or in combination rate-setting and the pooling of histor- and I reserve the balance of my time. with insurance or benefits described in para- ical data, and the States were con- Ms. SCANLON. Mr. Speaker, I yield 5 graph (2)(A) of such section; and ‘‘(II) any other line of insurance that is cerned about losing their authority to minutes to the gentleman from Oregon classified as property or casualty insurance regulate and tax the business of insur- (Mr. DEFAZIO). under State law; ance. Mr. DEFAZIO. Mr. Speaker, I thank ‘‘(C) the term ‘historical loss data’ means To address these issues, McCarran- the gentlewoman for yielding. information respecting claims paid, or re- Ferguson provides that Federal anti- Mr. Speaker, this bill, H.R. 1418, has serves held for claims reported, by any per- trust laws apply to the business of in- 51 cosponsors in the House: 26 Demo- son engaged in the business of insurance; and surance only to the extent that it is crats, 25 Republicans. It is endorsed by ‘‘(D) the term ‘loss development factor’ not regulated by State law. Unfortu- 23 national organizations, including means an adjustment to be made to reserves nately, this resulted in a broad anti- Consumer Reports, which estimates it held for losses incurred for claims reported trust exemption. Industry and State by any person engaged in the business of in- will save consumers billions of dollars surance, for the purpose of bringing such re- revenue concerns, rather than the vital a year in health insurance costs, other serves to an ultimate paid basis.’’. goals of protecting competition and consumer rights groups, the American (b) RELATED PROVISION.—For purposes of consumers, were the primary drivers of Dental Association, Hospital Associa- section 5 of the Federal Trade Commission the act. tion, and more. Act (15 U.S.C. 45) to the extent such section In passing McCarran-Ferguson, Con- There are only two for-profit indus- applies to unfair methods of competition, gress initially intended to provide only tries in America that have an exemp- section 3(c) of the McCarran-Ferguson Act a temporary exemption and, unfortu- tion from antitrust law: One is profes- shall apply with respect to the business of nately, gave little consideration to health insurance without regard to whether sional baseball, dating from the 1920s, competition concerns. and the other is the vital area of health such business is carried on for profit, not- Not surprisingly, there is broad sup- withstanding the definition of ‘‘Corporation’’ insurance, dating to the 1940s. This bill contained in section 4 of the Federal Trade port for ending this safe harbor for will take away that exemption. Commission Act. antitrust violations that are crimi- What does that mean? Well, right SEC. 3. DETERMINATION OF BUDGETARY EF- nally illegal. As the Antitrust Mod- now, insurance companies can and do FECTS. ernization Commission Report noted in get together and collude. Before The budgetary effects of this Act, for the 2007, the McCarran-Ferguson exemp- COVID, they would go to some fancy purpose of complying with the Statutory tion should be repealed because it has resorts, get together, and say: How Pay-As-You-Go Act of 2010, shall be deter- outlived any utility it may have had about you stay out of North Dakota; mined by reference to the latest statement and is among the most ill-conceived titled ‘‘Budgetary Effects of PAYGO Legisla- we will stay out of South Dakota? You and egregious examples. stay out of Oregon; we will stay out of tion’’ for this Act, submitted for printing in Furthermore, it is far from clear that the Congressional Record by the Chairman of Washington. Let’s divide up the pie the McCarran-Ferguson antitrust ex- the House Budget Committee, provided that here. You decide where you are selling, emption was ever justified in the first such statement has been submitted prior to and we will decide where we are selling. place. Antitrust exemption should be the vote on passage. Oh, and by the way, here are the things exceedingly rare and should be enacted The SPEAKER pro tempore. Pursu- we don’t want to cover. Here are the only where there are strong policy rea- ant to the rule, the gentlewoman from people we want to redline and exclude. sons for such exemption. Pennsylvania (Ms. SCANLON) and the Carving out an entire part of a That is all legal. That is all legal. gentleman from North Dakota (Mr. healthcare system from the antitrust What does it do? It drives up the cost ARMSTRONG) each will control 20 min- laws should be unthinkable, particu- and the availability is diminished for utes. larly when healthcare costs are so high Americans. And now here we are in the The Chair recognizes the gentle- for many families. That is why it is midst of COVID and the estimates are woman from Pennsylvania. time to repeal the special exemption that 5 million people have lost their GENERAL LEAVE for the insurance industry. health insurance during COVID—5 mil- Ms. SCANLON. Mr. Speaker, I ask Mr. Speaker, I thank my colleague, lion people—yet, last year, the health unanimous consent that all Members Chairman DEFAZIO, for his leadership insurance industry made an eye-pop- have 5 legislative days to revise and ex- on this important legislation. I urge ping $33 billion in profits. This year, tend their remarks and include extra- my colleagues to support this bill, the reports are they are doing even bet- neous materials on the bill under con- which previously passed the House ter, with more and more people unin- sideration. with an overwhelming bipartisan vote sured. The SPEAKER pro tempore. Is there of 416–7, and I reserve the balance of How are they doing that? Well, they objection to the request of the gentle- my time. are jacking up copays. They are jack- woman from Pennsylvania? Mr. ARMSTRONG. Mr. Speaker, I ing up deductibles. They are excluding There was no objection. yield myself such time as I may con- all sorts of treatments from coverage. Ms. SCANLON. Mr. Speaker, I yield sume. And it is all legal, and they can all get myself such time as I may consume. Mr. Speaker, under current law, the together and say: Hey, if you won’t Mr. Speaker, I rise in strong support health and dental insurance industries cover this, we won’t cover it. That way of H.R. 1418, the Competitive Health In- are exempt from some Federal com- we won’t lose customers; you won’t surance Reform Act. petition laws and related enforcement lose customers. This commonsense legislation re- actions. What a sweet deal. What a sweet peals a longstanding antitrust exemp- Congress established this exemption deal. tion for the health insurance industry in 1945 at a time when Federal anti- Well, one in four Americans hesitated under the McCarran-Ferguson Act. It trust law was less developed and more to go to the doctor—people who were does so for price-fixing, bid-rigging, likely to disrupt procompetitive prac- insured—or to fill a prescription, get and market allocation—the most egre- tices in the insurance industry under needed treatment because of the ex- gious kinds of anticompetitive con- State laws. traordinary copays and high duct. There is absolutely no justifica- H.R. 1418 would update antitrust law deductibles. So a lot of people are pay- tion for this broad antitrust exemption and apply it to the business of health ing 2,000, 3,000, 4,000, 5,000 bucks before for the business of health insurance. insurance in ways designed to better they get any coverage on these so- Congress passed the McCarran-Fer- protect consumers. At the same time, called policies. guson Act in response to a 1944 Su- H.R. 1418 would still permit the health What is this about? It is about greed. preme Court decision finding that the insurance industry to engage in pro- And it is time to end. antitrust laws applied to the business competitive collaboration that benefits This is a vital service for the Amer- of insurance. Both insurance compa- customers. ican people. This bill was part of the nies and the States expressed concern Mr. Speaker, this bill represents an- original Affordable Care Act in the about that decision. Insurance compa- other small step designed to improve House—my provision. It was stripped

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.017 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4573 out in the Senate at the behest of a There should be no safe harbor what- (B) the Combined DNA Index System; former insurance executive—good old soever for this conduct which allows (C) the Next Generation Identification Sys- Senate—so it didn’t get into the final insurers to increase the cost of health tem; and version of ACA. They took out a lot of insurance and impose additional bur- (D) any other database relevant to responding to cases of missing or murdered In- other good things, too. The House bill dens on families across our Nation dians, including that under the Violent was way preferable with national ex- when they are already struggling to Criminal Apprehension Program and the Na- changes, not-for-profit, et cetera. But, make ends meet. tional Missing and Unidentified Persons Sys- in any case, it was stripped out. Health insurance companies should tem. So the House held another vote after be subject to antitrust liability to the (3) INDIAN.—The term ‘‘Indian’’ means a the passage of the Affordable Care Act extent that they collude or otherwise member of an Indian Tribe. in 2010. Tom Perriello, then-Represent- engage in anticompetitive behavior. (4) INDIAN COUNTRY.—The term ‘‘Indian ative for Virginia, offered my bill on H.R. 1418 would achieve this result. country’’ has the meaning given the term in section 1151 of title 18, United States Code. the floor and it passed by 406–19. Mr. Speaker, I thank Chairman (5) INDIAN LAND.—The term ‘‘Indian land’’ What kind of bills pass 406–19? DEFAZIO for his leadership on this bill, And then my colead on the bill, Rep- means Indian lands, as defined in section 3 of and I urge my colleagues to vote in the Native American Business Development, resentative GOSAR, introduced the bill favor of this legislation that is long Trade Promotion, and Tourism Act of 2000 in 2017, and it passed 416–7 in the most overdue. (25 U.S.C. 4302). bitterly partisan atmosphere in Con- Mr. Speaker, I yield back the balance (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ gress since post-Civil War—416–7. of my time. has the meaning given the term ‘‘Indian It is time to get this done. The SPEAKER pro tempore. The tribe’’ in section 4 of the Indian Self-Deter- Finally, we are seeing some action in mination and Education Assistance Act (25 question is on the motion offered by the Senate. Senator LEAHY has intro- U.S.C. 5304). the gentlewoman from Pennsylvania duced a bill, ranking member of the (7) LAW ENFORCEMENT AGENCY.—The term (Ms. SCANLON) that the House suspend Committee on the Judiciary, and Sen- ‘‘law enforcement agency’’ means a Tribal, the rules and pass the bill, H.R. 1418, as Federal, State, or local law enforcement ator DAINES. So there are three Demo- amended. agency. crats, three Republicans on the bill. The question was taken; and (two- Hopefully, the Senate will see the wis- SEC. 4. IMPROVING TRIBAL ACCESS TO DATA- thirds being in the affirmative) the dom in helping Americans afford BASES. rules were suspended and the bill, as health insurance, lowering their (a) TRIBAL ENROLLMENT INFORMATION.—The amended, was passed. deductibles, lowering their copays, Attorney General shall provide training to A motion to reconsider was laid on lowering their exclusions on prescrip- law enforcement agencies regarding how to the table. tion drugs. record the Tribal enrollment information or Mr. Speaker, even under Medicare f affiliation, as appropriate, of a victim in part D, they are always jacking people SAVANNA’S ACT Federal databases. around: Oh, sorry, you can’t have that Ms. SCANLON. Mr. Speaker, I move (b) CONSULTATION.— medication anymore. We just took it (1) CONSULTATION.—Not later than 180 days to suspend the rules and pass the bill after the date of enactment of this Act, the off the list last week. (S. 227) to direct the Attorney General They can do it any time they want. Attorney General, in cooperation with the to review, revise, and develop law en- And they can talk to the other insur- Secretary of the Interior, shall complete a forcement and justice protocols appro- ers, and say: Hey, we are taking that formal consultation with Indian Tribes on priate to address missing and murdered how to further improve Tribal data relevance drug off our list. Will you take it off Indians, and for other purposes. and access to databases. your list, because we don’t want people The Clerk read the title of the bill. (2) INITIAL CONFER.—Not later than 180 days to switch to your plan. The text of the bill is as follows: after the date of enactment of this Act, the That is all legal now. Attorney General, in coordination with the Mr. Speaker, after this bill passes, it S. 227 Secretary of the Interior, shall confer with will no longer be legal. This will be a Be it enacted by the Senate and House of Rep- Tribal organizations and urban Indian orga- tremendous service to the American resentatives of the United States of America in nizations on how to further improve Amer- people at any time in history, but par- Congress assembled, ican Indian and Alaska Native data rel- ticularly now in times of COVID and SECTION 1. SHORT TITLE. evance and access to databases. crisis. This Act may be cited as ‘‘Savanna’s Act’’. (3) ANNUAL CONSULTATION.—Section 903(b) SEC. 2. PURPOSES. of the Violence Against Women and Depart- Mr. Speaker, I urge my colleagues to ment of Justice Reauthorization Act of 2005 support this legislation. The purposes of this Act are— (1) to clarify the responsibilities of Fed- (34 U.S.C. 20126) is amended— Mr. ARMSTRONG. Mr. Speaker, this (A) by striking paragraph (2) and inserting is a good bill. I urge my colleagues to eral, State, Tribal, and local law enforcement agencies with respect to responding to the following: support it, and I yield back the balance cases of missing or murdered Indians; ‘‘(2) enhancing the safety of Indian women of my time. (2) to increase coordination and commu- from domestic violence, dating violence, sex- Ms. SCANLON. Mr. Speaker, I yield nication among Federal, State, Tribal, and ual assault, homicide, stalking, and sex traf- myself such time as I may consume. local law enforcement agencies, including ficking;’’; Healthy competition in health insur- medical examiner and coroner offices; (B) in paragraph (3), by striking the period ance markets is one of the most crit- (3) to empower Tribal governments with at the end and inserting ‘‘; and’’; and ical elements for ensuring that Ameri- the resources and information necessary to (C) by adding at the end the following: effectively respond to cases of missing or ‘‘(4) improving access to local, regional, cans have access to high-quality, af- State, and Federal crime information data- fordable healthcare. When insurance murdered Indians; and (4) to increase the collection of data re- bases and criminal justice information sys- companies are forced to compete, the lated to missing or murdered Indian men, tems.’’. American people win. women, and children, regardless of where (c) NOTIFICATION.—Not later than 180 days Unfortunately, too many families are they reside, and the sharing of information after the date of enactment of this Act, the still paying higher premiums and out- among Federal, State, and Tribal officials Attorney General shall— of-pocket costs, in part, because of responsible for responding to and inves- (1) develop and implement a dissemination anticompetitive practices that health tigating cases of missing or murdered Indi- strategy to educate the public of the Na- insurance giants are allowed to engage ans. tional Missing and Unidentified Persons Sys- in under existing law. SEC. 3. DEFINITIONS. tem; and What is more, there is a statutory In this Act: (2) conduct specific outreach to Indian loophole for this conduct that allows (1) CONFER.—The term ‘‘confer’’ has the Tribes, Tribal organizations, and urban In- insurers to engage in egregious actions meaning given the term in section 514 of the dian organizations regarding the ability to like price-fixing, bid-rigging, and mar- Indian Health Care Improvement Act (25 publicly enter information, through the Na- U.S.C. 1660d). tional Missing and Unidentified Persons Sys- ket allocation with total impunity so (2) DATABASES.—The term ‘‘databases’’ tem or other non-law enforcement sensitive long as they are engaged in the busi- means— portal, regarding missing persons, which ness of insurance and it is regulated by (A) the National Crime Information Center may include family members and other a State. database; known acquaintances.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.039 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4574 CONGRESSIONAL RECORD — HOUSE September 21, 2020 SEC. 5. GUIDELINES FOR RESPONDING TO CASES name of each Tribal, State, or local law en- (B) recommendations on how data collec- OF MISSING OR MURDERED INDI- forcement agency that the Attorney General tion on missing or murdered Indians may be ANS. has determined has incorporated guidelines improved. (a) IN GENERAL.—Not later than 60 days in accordance with subsection (c)(3); (b) COMPLIANCE.— after the date on which the consultation de- (2) disclose and publish, including on the (1) IN GENERAL.—Beginning in the first fis- scribed in section 4(b)(1) is completed, the website of the Department of Justice, the cal year after the date of enactment of this Attorney General shall direct United States name of each Tribal, State, or local law en- Act, and annually thereafter, for the purpose attorneys to develop regionally appropriate forcement agency that has requested a deter- of compiling accurate data for the annual re- guidelines to respond to cases of missing or mination in accordance with subsection port required under subsection (a), the At- murdered Indians that shall include— (c)(3) that is pending; torney General shall request all Tribal, (1) guidelines on inter-jurisdictional co- (3) collect the guidelines into a resource of State, and local law enforcement agencies to operation among law enforcement agencies submit to the Department of Justice, to the at the Tribal, Federal, State, and local lev- examples and best practices that can be used fullest extent possible, all relevant informa- els, including inter-jurisdictional enforce- by other law enforcement agencies seeking tion pertaining to missing or murdered Indi- ment of protection orders and detailing spe- to create and implement such guidelines. ans collected by the Tribal, State, and local cific responsibilities of each law enforcement (e) TRAINING AND TECHNICAL ASSISTANCE.— law enforcement agency, and in a format agency; The Attorney General shall use the National provided by the Department of Justice that (2) best practices in conducting searches Indian Country Training Initiative to pro- for missing persons on and off Indian land; vide training and technical assistance to In- ensures the streamlining of data reporting. (3) standards on the collection, reporting, dian Tribes and law enforcement agencies (2) DISCLOSURE.—The Attorney General and analysis of data and information on on— shall disclose and publish annually, includ- missing persons and unidentified human re- (1) implementing the guidelines developed ing on the website of the Department of Jus- mains, and information on culturally appro- under subsection (a) or developing and im- tice, the name of each Tribal, State, or local priate identification and handling of human plementing locally specific guidelines or pro- law enforcement agency that the Attorney remains identified as Indian, including guid- tocols for responding to cases of missing or General has determined has submitted the ance stating that all appropriate informa- murdered Indians; and information requested under paragraph (1) tion related to missing or murdered Indians (2) using the National Missing and Uniden- for the fiscal year in which the report was be entered in a timely manner into applica- tified Persons System and accessing program published. ble databases; services that will assist Indian Tribes with (c) INCLUSION OF GENDER IN MISSING AND (4) guidance on which law enforcement responding to cases of missing or murdered UNIDENTIFIED PERSONS STATISTICS.—Begin- agency is responsible for inputting informa- Indians. ning in the first calendar year after the date tion into appropriate databases under para- (f) GUIDELINES FROM INDIAN TRIBES.— of enactment of this Act, and annually graph (3) if the Tribal law enforcement agen- (1) IN GENERAL.—Indian Tribes may submit thereafter, the Federal Bureau of Investiga- cy does not have access to those appropriate their own guidelines to respond to cases of tion shall include gender in its annual statis- databases; missing or murdered Indians to the Attorney tics on missing and unidentified persons pub- (5) guidelines on improving law enforce- General. lished on its public website. ment agency response rates and follow-up re- (2) PUBLICATION.—Upon receipt of any SEC. 7. IMPLEMENTATION AND INCENTIVE. sponses to cases of missing or murdered Indi- guidelines from an Indian Tribe, the Attor- (a) GRANT AUTHORITY.—Section 2101(b) of ans; and ney General shall publish the guidelines on the Omnibus Crime Control and Safe Streets (6) guidelines on ensuring access to cul- the website of the Department of Justice in Act of 1968 (34 U.S.C. 10461(b)) is amended by turally appropriate victim services for vic- 1 centralized location to make the guidelines adding at the end the following: tims and their families. available as a resource to any Federal agen- ‘‘(23) To develop, strengthen, and imple- (b) CONSULTATION.—United States attor- cy, State, or Tribal government. ment policies, protocols, and training for law neys shall develop the guidelines required SEC. 6. ANNUAL REPORTING REQUIREMENTS. enforcement regarding cases of missing or under subsection (a) in consultation with In- (a) ANNUAL REPORTING.—Beginning in the murdered Indians, as described in section 5 of dian Tribes and other relevant partners, in- first fiscal year after the date of enactment Savanna’s Act. cluding— of this Act, the Attorney General shall in- ‘‘(24) To compile and annually report data (1) the Department of Justice; clude in its annual Indian Country Investiga- to the Attorney General related to missing (2) the Federal Bureau of Investigation; tions and Prosecutions report to Congress in- or murdered Indians, as described in section (3) the Department of the Interior; formation that— 6 of Savanna’s Act.’’. (4) the Bureau of Indian Affairs; (1) includes known statistics on missing In- (b) GRANTS TO INDIAN TRIBAL GOVERN- (5) Tribal, State, and local law enforce- dians in the United States, available to the MENTS.—Section 2015 of the Omnibus Crime ment agencies; Department of Justice, including— Control and Safe Streets Act of 1968 (34 (6) medical examiners; (A) age; U.S.C. 10452(a)) is amended— (7) coroners; (B) gender; (1) in paragraph (9), by striking ‘‘and’’ at (8) Tribal, State, and local organizations (C) Tribal enrollment information or affili- the end; that provide victim services; and ation, if available; (2) in paragraph (10), by striking the period (9) national, regional, or urban Indian or- (D) the current number of open cases per at the end and inserting a semicolon; and ganizations with relevant expertise. State; (3) by adding at the end the following: (c) COMPLIANCE.— ‘‘(11) develop, strengthen, and implement (1) IN GENERAL.—Not later than 1 year after (E) the total number of closed cases per State each calendar year, from the most re- policies, protocols, and training for law en- the date of enactment of this Act, the United forcement regarding cases of missing or mur- States attorneys shall implement, by incor- cent 10 calendar years; and (F) other relevant information the Attor- dered Indians, as described in section 5 of Sa- porating into office policies and procedures, vanna’s Act; and the guidelines developed under subsection ney General determines is appropriate; (2) includes known statistics on murdered ‘‘(12) compile and annually report data to (a). the Attorney General related to missing or (2) MODIFICATION.—Each Federal law en- Indians in the United States, available to the Department of Justice, including— murdered Indians, as described in section 6 of forcement agency shall modify the guide- Savanna’s Act.’’. lines, policies, and protocols of the agency to (A) age; incorporate the guidelines developed under (B) gender; The SPEAKER pro tempore. Pursu- subsection (a). (C) Tribal enrollment information or affili- ant to the rule, the gentlewoman from (3) DETERMINATION.—Not later than the end ation, if available; Pennsylvania (Ms. SCANLON) and the of each fiscal year beginning after the date (D) the current number of open cases per gentleman from North Dakota (Mr. State; the guidelines are established under this sec- ARMSTRONG) each will control 20 min- (E) the total number of closed cases per tion and incorporated under this subsection, utes. upon the request of a Tribal, State, or local State each calendar year, from the most recent 10 calendar years; and The Chair recognizes the gentle- law enforcement agency, the Attorney Gen- woman from Pennsylvania. eral shall determine whether the Tribal, (F) other relevant information the Attor- State, or local law enforcement agency seek- ney General determines is appropriate; GENERAL LEAVE ing recognition of compliance has incor- (3) maintains victim privacy to the great- Ms. SCANLON. Mr. Speaker, I ask porated guidelines into their respective est extent possible by excluding information unanimous consent that all Members guidelines, policies, and protocols. that can be used on its own or with other in- have 5 legislative days to revise and ex- (d) ACCOUNTABILITY.—Not later than 30 formation to identify, contact, or locate a tend their remarks and include extra- single person, or to identify an individual in days after compliance determinations are neous material on the bill under con- made each fiscal year in accordance with context; and subsection (c)(3), the Attorney General (4) includes— sideration. shall— (A) an explanation of why the statistics de- The SPEAKER pro tempore. Is there (1) disclose and publish, including on the scribed in paragraph (1) may not be com- objection to the request of the gentle- website of the Department of Justice, the prehensive; and woman from Pennsylvania?

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.020 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4575 There was no objection. missing and murdered Native Ameri- Mrs. TORRES of California. Mr. Ms. SCANLON. Mr. Speaker, I yield cans in a robust and effective way. I Speaker, I stand here today in honor of myself such time as I may consume. strongly urge my colleagues to support Savanna LaFontaine-Greywind and the Mr. Speaker, S. 227, Savanna’s Act, it. Native American women missing and responds to the epidemic of missing Mr. Speaker, I reserve the balance of murdered with no justice in sight. and murdered Native Americans. This my time. Savanna was just 22, a member of the crisis is appalling and threatens mil- Mr. ARMSTRONG. Mr. Speaker, I Spirit Lake Tribe. She was 8 months lions of innocent people living both on yield myself such time as I may con- pregnant and expecting her baby any Tribal lands and beyond. sume. day when she was murdered in August This bill is a bipartisan effort intro- Mr. Speaker, I rise in support of S. of 2017. A neighbor in her apartment duced by Alaska Senator LISA MUR- 227, Savanna’s Act. building lured her next door and at- KOWSKI and passed by the Senate by Savanna’s Act is named after Sa- tacked her. When her body was found, unanimous consent last March. vanna LaFontaine-Greywind, a 22-year- the coroner could not determine if the b 1345 old member of the Spirit Lake Tribe, cause of death was the loss of blood I want to especially commend the who was murdered in my district in from the vicious wounds on her body or August of 2017. Her disappearance and leadership of Representative NORMA strangulation from the rope around her murder devastated the community and TORRES, who introduced the House neck. companion in 2019 and has been a con- the entire State of North Dakota. Instead of getting to hold her brand- stant champion for Savanna’s Act here Tragically, Savanna was found dead 8 new baby in her arms and imagining a in the House. days after she was reported missing. bright future for herself and her little The available data indicates that vio- Thankfully, her baby was found alive, one, Savanna’s future was cut short. lence against Native Americans is par- despite being cut from Savanna’s Savanna’s death shines a light on a ticularly high. In some Tribal commu- womb. Savanna’s story brought to horrific reality in this country where nities, Native American women experi- light the fact that the data regarding Native American women face a murder ence murder rates that are more than missing and murdered indigenous peo- rate 10 times higher than the national 10 times the national average. This is ple, particularly women and girls, is average. unacceptable. scattered across various government The statistics should shock everyone Savanna’s Act is named in honor of databases, if it even exists at all. listening to this debate. Eighty-four Savanna LaFontaine-Greywind, a Savanna’s heartbreaking story, un- percent of Native women experience member of the Spirit Lake Tribe, who fortunately, is not unique. A woman some form of violence in their life- vanished from her apartment in Fargo, named Olivia Lone Bear disappeared time—84 percent. Think of your 50 clos- North Dakota, while 8 months preg- from the Fort Berthold Reservation est friends and family members, and nant. Eight days after she disappeared, just a month later, in October of 2017. now imagine 42 out of those 50 experi- her body was found wrapped in plastic She was found in a submerged truck in encing some type of violence. in the Red River. Lake Sakakawea in July of 2018. We cannot stand silent. We stand to- This legislation empowers Tribal These are just two recent examples gether, heartbroken, disgusting, and governments with the resources and in- from my State. There are hundreds horrified, but we cannot stand back formation necessary to respond to more across the Nation. and do nothing. cases of missing or murdered Native Savanna’s Act will begin to help ad- I introduced the House version of Sa- Americans like Savanna and to in- dress this crisis of missing and mur- vanna’s Act to address the disturbing crease the collection of data in such dered indigenous people. The bill will rates of missing and murdered Native cases. It also increases coordination establish guidelines and best practices American women, and I was very hon- and communication among the Fed- for law enforcement agencies across ored to have the opportunity to work eral, State, and Tribal officials respon- the country. It will also improve co- with my good friend, Ms. HAALAND, sible for investing these cases in a vari- ordination amongst those agencies. Fi- across the aisle with Mr. NEWHOUSE, ety of ways. nally, it will enhance reporting, record- and with Senator MURKOWSKI and Sen- This legislation provides best prac- keeping, and communication for law ator CORTEZ MASTO on the Senate tices in conducting searches for miss- enforcement and families of victims. version. We came together as Demo- ing persons on and off Native American This legislation is needed because crats and Republicans. We met many, land; establishes standards on the col- Native American and Alaska Native many, many times to ensure that this lection, reporting, and analysis of data women face a murder rate 10 times was a bill that all of our colleagues and information on missing persons higher than the national average. could stand for and support and right a and unidentified human remains; and Shockingly, 84 percent of women in wrong for Native American women. will lead to the culturally appropriate these communities experience some To date, there is no reliable way of identification and handling of human form of violence in their lifetime. knowing how many Native women go remains identified as Native Ameri- The rural nature of most Native missing each year because the data- cans. American communities, increased lev- bases that hold statistics of these cases Savanna’s Act provides guidance on els of poverty and addiction, and other are outdated. A lack of coordination which law enforcement agency is re- circumstances pose unique challenges. between law enforcement agencies only sponsible for inputting information Because of outdated databases and lack adds to the confusion, and, as a result, into databases, guidance on improving of coordination between law enforce- murderers get away with killing Native agency response rates and followup to ment agencies, there is no reliable way American women. cases of missing and murdered Native of knowing how many indigenous This bill will finally ensure the De- Americans, and guidance on ensuring women actually do go missing each partment of Justice, State and local access to culturally appropriate victim year. law enforcement agencies, and our services. Savanna’s Act addresses this dis- communities can work together to ad- Lastly and most importantly, Savan- turbing increase in missing and mur- dress this violence. na’s Act adds two new purpose areas to dered Native American women by cre- Because of this bill, the Department two existing grant programs adminis- ating new guidelines for investigation of Justice will develop regionally ap- tered by the Justice Department, spe- of these cases and by incentivizing the propriate guidelines for response to cifically, allowing grantees to use implementation of these new guide- cases of missing and murdered Native funds to implement policies, protocols, lines. Americans, and the DOJ will provide and training for law enforcement re- I urge my colleagues to join me in training and technical assistance to garding cases of missing or murdered supporting S. 227, and I reserve the bal- Tribes and law enforcement agencies Native Americans, and to compile and ance of my time. for implementation of the developed report data to the Attorney General. Ms. SCANLON. Mr. Speaker, I yield 5 guidelines. In short, this important legislation minutes to the gentlewoman from Cali- In addition, this bill will authorize will help address the alarming cases of fornia (Mrs. TORRES). grants to ensure that all members of

VerDate Sep 11 2014 06:58 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.041 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4576 CONGRESSIONAL RECORD — HOUSE September 21, 2020 our community are effectively working tion. The product is a broadly bipar- urging my colleagues throughout this together to stop the kidnapping and tisan bill that has passed unanimously legislative body to support passage of murdering of Native women. in both the House Judiciary Committee Savanna’s Act. And, finally, Mr. Native women have endured horrific as well as the United States Senate. Speaker, we can send this legislation rates of assault, rape, and murder for We worked to create legislation that to President Trump’s desk to be signed far too long, and I hope this bill brings will bring focus to this crisis and im- into law. some closure to Savanna’s family and prove the coordination between Fed- Ms. SCANLON. Mr. Speaker, I re- the countless family members in Na- eral, State, local, and Tribal law en- serve the balance of my time. tive communities who live with the forcement agencies. Mr. ARMSTRONG. Mr. Speaker, I pain of a lost loved one every day. This legislation aims to provide a yield myself such time as I may con- Let me be clear: It is their unwaver- sense of hope to the loved ones of these sume. ing advocacy that made this day a re- women by developing guidelines and Mr. Speaker, I thank Mrs. TORRES, ality, and an untold number of lives best practices for Tribes and law en- Mr. NEWHOUSE, and my colleagues in will be saved as a result. forcement agencies across the country, the Senate, Senator CRAMER and Sen- Mr. ARMSTRONG. Mr. Speaker, I by enhancing reporting and record- ator HOEVEN. This is not the first time yield 10 minutes to the gentleman from keeping of crimes against indigenous in my short time in Congress that I have been on the floor talking about Washington (Mr. NEWHOUSE). women, and by improving communica- Mr. NEWHOUSE. Mr. Speaker, this is tion between law enforcement and the this bill, and I think it is also impor- a monumental day. I am proud to rise families of these victims. tant to remember people who came before us. Senator Heitkamp was a cham- alongside my colleagues on both sides This bill and this effort to bring pion of this in the last Congress. And of the aisle to speak out in support of awareness to the missing and murdered through this process we have gotten a our legislation, which aims to address Native women across the country will more targeted and workable solution. a crisis afflicting our Nation: that of go a long way to finally delivering justice to our communities. This bill allows U.S. Attorneys in In- missing and murdered indigenous dian Country more autonomy and au- women. Tribes across the country, including those that I represent, have thrown thority that is important to law en- I hail from the State of Washington, forcement, and that is particularly im- and I am very familiar with how Native their support behind this legislation. In fact, last year, I walked alongside the portant in missing cases. And I think it American Tribes are deeply integrated is also important to recognize that then-chairman of the Yakama Tribe, as into the culture of the Pacific North- these don’t always happen in rural well as Councilwoman Lottie Sam, west, as well as our whole country. areas or actually on the reservation. I was raised just across the river through the Halls of Congress, visiting Savanna Greywind, while a member from the Yakama Nation reservation Chairman GRIJALVA, Subcommittee of the Spirit Lake Tribe, was in Fargo, in central Washington, but I have got Chairman GALLEGO, as well as Sub- North Dakota, the largest city in my to say, I, like many others, was not committee Chairwoman BASS. These State when this incident occurred. aware of the disproportionate murder Yakama Nation officials traveled So this is a good bill, it has been a rate indigenous women suffer, 10 times across the country, Mr. Speaker, more long time coming, and I really appre- the national average. than 2,500 miles, to advocate for the ciate everybody’s hard work. With At the end of 2018, this crisis and the passage of Savanna’s Act and other leg- that, I recommend we pass it, and I need for a solution was brought to me islation to address this crisis. yield back the balance of my time. by the Tribal communities that I rep- The bill is named, as you have heard Ms. SCANLON. Mr. Speaker, I yield resent, and I was made aware of just the story, in honor of Savanna LaFon- myself such time as I may consume. how devastating the shortfalls of our taine-Greywind, who was a 22-year-old Mr. Speaker, Savanna’s Act is an im- justice system are for Native American member of the Spirit Lake Tribe, preg- portant measure to ensure the safety of and Alaska Native women and girls. nant with her first child, who was mur- Native American women and men in While the statistics we have are abso- dered in August of 2017. communities across the United States, lutely staggering—and you have heard Since the introduction of Savanna’s for all of the reasons discussed here them—the fact of the matter is we Act in the House, the remains of a today. don’t even know the full extent of the Yakama Nation woman, Rosenda We are so grateful to Representative crisis. Strong, were found on the reservation. TORRES, Representative NEWHOUSE, In my home State of Washington, Na- Her horrific murder, today, remains Representative ARMSTRONG, and Rep- tive Americans make up about 2 per- unsolved. resentative HAALAND, for moving this cent of the State’s population, but a re- Thankfully, justice was served upon legislation forward. cent report by the Washington State Savanna’s murderers. We owe the same Mr. Speaker, I urge my colleagues to Patrol shows that indigenous women justice to Rosenda and all of the miss- join me in supporting this bipartisan account for 7 percent of the State’s re- ing and murdered indigenous women legislation, and I yield back the bal- ported missing women. The families of across this country. ance of my time. The SPEAKER pro tempore. The dozens of women still await answers as The passage of this bill today will question is on the motion offered by cases of missing or murdered indige- demonstrate a long-awaited and nec- the gentlewoman from Pennsylvania nous women remain open or turn cold. essary change. As I mentioned, this cri- (Ms. SCANLON) that the House suspend Yet this crisis has gone on for dec- sis has been going on for decades. Poli- the rules and pass the bill, S. 227. ades, with little to no action by the ticians on both sides of the aisle have promised action and failed to deliver. The question was taken; and (two- Federal Government. Complicated law thirds being in the affirmative) the enforcement jurisdictions have caused b 1400 rules were suspended and the bill was many problems throughout these in- I have been asked: What is different passed. vestigations, and far too many Tribal now? Why do you think progress can be A motion to reconsider was laid on law enforcement agencies lack the re- made? the table. sources or access to critical databases And I can honestly tell you, the main f to help solve these cases, which is why, difference I have seen is that our Na- when Savanna’s Act failed to receive a tive communities are leading the EFFECTIVE ASSISTANCE OF COUN- vote on the House floor in the 115th charge. They have had enough, and SEL IN THE DIGITAL ERA ACT Congress, I was determined to bring they no longer will suffer in silence. Ms. SCANLON. Mr. Speaker, I move forward solutions in order to get this Throughout central Washington and to suspend the rules and pass the bill bill signed into law. across the country, the families of (H.R. 5546) to regulate monitoring of I was very proud to work with Rep- loved ones of thousands of missing or electronic communications between an resentatives TORRES and HAALAND and murdered indigenous women are await- incarcerated person in a Bureau of others, in collaboration with Tribes, ing justice. Prisons facility and that person’s at- the Department of Justice, and many It is because of their voices and their torney or other legal representative, others, to improve upon that legisla- strong advocacy that I am here today, and for other purposes.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.043 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4577 The Clerk read the title of the bill. (I) participating in a legal proceeding in to represent their clients in an effec- The text of the bill is as follows: which an individual who sent or received an tive manner, defense attorneys must H.R. 5546 electronic communication from which such have the ability to communicate can- contents are retained under subsection (b) is Be it enacted by the Senate and House of Rep- didly with their clients. a defendant; or resentatives of the United States of America in The attorney-client privilege, which Congress assembled, (II) sharing the retained contents with an attorney who is participating in such a legal keeps communications between indi- SECTION 1. SHORT TITLE. proceeding. viduals and their attorneys confiden- This Act may be cited as the ‘‘Effective As- sistance of Counsel in the Digital Era Act’’. (3) MOTION TO SUPPRESS.—In a case in tial, exists, in part, to foster this sort which retained contents have been accessed SEC. 2. ELECTRONIC COMMUNICATIONS BE- of open communication. in violation of this subsection, a court may TWEEN AN INCARCERATED PERSON This privilege, of course, does not AND THE PERSON’S ATTORNEY. suppress evidence obtained or derived from access to such contents upon motion of the protect communications between a cli- (a) PROHIBITION ON MONITORING.—Not later ent and an attorney made in further- than 180 days after the date of the enactment defendant. of this Act, the Attorney General shall cre- (e) DEFINITIONS.—In this Act— ance of, or in order to cover up a crime ate a program or system, or modify any pro- (1) the term ‘‘agent of an attorney or legal or fraud, also known as the crime-fraud gram or system that exists on the date of en- representative’’ means any person employed exception. But to ensure free and open actment of this Act, through which an incar- by or contracting with an attorney or legal communication between individuals cerated person sends or receives an elec- representative, including law clerks, interns, and their attorneys—a fundamental tronic communication, to exclude from mon- investigators, paraprofessionals, and admin- component of the effective assistance itoring the contents of any privileged elec- istrative staff; tronic communication. In the case that the (2) the term ‘‘contents’’ has the meaning of counsel guaranteed by the Constitu- Attorney General creates a program or sys- given such term in 2510 of title 18, United tion—other communications between tem in accordance with this subsection, the States Code; them may remain private. Attorney General shall, upon implementing (3) the term ‘‘electronic communication’’ It goes without saying that defend- such system, discontinue using any program has the meaning given such term in section ants who are not in custody are less or system that exists on the date of enact- 2510 of title 18, United States Code, and in- constrained in their ability to have ment of this Act through which an incarcer- cludes the Trust Fund Limited Inmate Com- ated person sends or receives a privileged candid conversations with their attor- puter System; neys than those defendants who are in electronic communication, except that any (4) the term ‘‘monitoring’’ means accessing program or system that exists on such date the contents of an electronic communication custody. may continue to be used for any other elec- at any time after such communication is Generally speaking, out-of-custody tronic communication. sent; defendants can go to their attorneys’ (b) RETENTION OF CONTENTS.—A program or (5) the term ‘‘incarcerated person’’ means offices, speak with them freely on the system or a modification to a program or any individual in the custody of the Bureau phone, or write letters back and forth system under subsection (a) may allow for of Prisons or the United States Marshals retention by the Bureau of Prisons of, and with their attorneys without fear of in- Service who has been charged with or con- terference. To an extent, in-custody de- access by an incarcerated person to, the convicted of an offense against the United tents of electronic communications, includ- States, including such an individual who is fendants also have these protections: ing the contents of privileged electronic imprisoned in a State institution; and Bureau of Prisons regulations ensure communications, of the person until the date (6) the term ‘‘privileged electronic commu- that inmates are able to meet with on which the person is released from prison. nication’’ means— their attorneys without auditory su- (c) ATTORNEY-CLIENT PRIVILEGE.—Attor- (A) any electronic communication between ney-client privilege, and the protections and pervision, and that they can talk on an incarcerated person and a potential, cur- limitations associated with such privilege the phone and exchange letters with rent, or former attorney or legal representa- (including the crime fraud exception), ap- their attorneys without monitoring. tive of such a person; and plies to electronic communications sent or (B) any electronic communication between But these same protections do not received through the program or system es- an incarcerated person and the agent of an apply to email communications for the tablished or modified under subsection (a). nearly 150,000 individuals currently in (d) ACCESSING RETAINED CONTENTS.—Con- attorney or legal representative described in tents retained under subsection (b) may only subparagraph (A). the Bureau of Prisons’ custody, many be accessed by a person other than the incar- The SPEAKER pro tempore. Pursu- of whom are in pretrial detention and cerated person for whom such contents are ant to the rule, the gentlewoman from have not been convicted of any crime. retained under the following circumstances: Pennsylvania (Ms. SCANLON) and the Since 2009, email communications (1) ATTORNEY GENERAL.—The Attorney gentleman from North Dakota (Mr. have been available for Bureau of Pris- General may only access retained contents if ARMSTRONG) each will control 20 min- ons inmates through a system known necessary for the purpose of creating and as TRULINCS. TRULINCS requires in- maintaining the program or system, or any utes. modification to the program or system, The Chair recognizes the gentle- mates and their contacts to consent to through which an incarcerated person sends woman from Pennsylvania. monitoring, however, even in the case or receives electronic communications. The GENERAL LEAVE of communications between inmates Attorney General may not review retained Ms. SCANLON. Mr. Speaker, I ask and their attorneys. contents that are accessed pursuant to this unanimous consent that all Members Over a decade ago, BOP clearly rec- paragraph. may have 5 legislative days to revise ognized the growing importance of (2) INVESTIGATIVE AND LAW ENFORCEMENT email for purposes of efficiency and OFFICERS.— and extend their remarks and include speed of communication between in- (A) WARRANT.— extraneous material on the bill under (i) IN GENERAL.—Retained contents may consideration. mates and their outside contacts. Over only be accessed by an investigative or law The SPEAKER pro tempore. Is there time, email has rapidly grown into a enforcement officer pursuant to a warrant objection to the request of the gentle- primary means of communication be- issued by a court pursuant to the procedures woman from Pennsylvania? tween inmates and their attorneys, but described in the Federal Rules of Criminal There was no objection. without a system in place to maintain Procedure. Ms. SCANLON. Mr. Speaker, I yield attorney-client privilege. Without that (ii) APPROVAL.—No application for a war- system, the Bureau of Prisons risks se- rant may be made to a court without the ex- myself such time as I may consume. press approval of a United States Attorney Mr. Speaker, H.R. 5546, the Effective verely hindering the effective represen- or an Assistant Attorney General. Assistance of Counsel in the Digital tation of inmates. It is even more im- (B) PRIVILEGED INFORMATION.— Era Act would require the Federal Bu- portant for us to enable these confiden- (i) REVIEW.—Before retained contents may reau of Prisons to establish a system to tial communications at this point in be accessed pursuant to a warrant obtained exempt from monitoring any privileged time, given that the pandemic has se- under subparagraph (A), such contents shall electronic communications between in- verely hampered the ability of attor- be reviewed by a United States Attorney to carcerated individuals and their attorneys to meet with their clients in per- ensure that privileged electronic commu- neys or legal representatives. son. nications are not accessible. (ii) BARRING PARTICIPATION.—A United The Sixth Amendment to the U.S. It is well past time to rectify this States Attorney who reviews retained con- Constitution provides the right to problem. I am pleased that H.R. 5546 tents pursuant to clause (i) shall be barred counsel to assist in the defense of those would do just that, by requiring BOP to from— accused of criminal offenses. In order put in place a system that will exempt

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.046 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4578 CONGRESSIONAL RECORD — HOUSE September 21, 2020 from monitoring any privileged elec- attorney-client privilege, including the System, otherwise known as tronic communications between incar- crime-fraud exception, apply to elec- TRULINCS. The TRULINCS email sys- cerated individuals and their attorneys tronic communications. It does permit tem has become the easiest, fastest, or legal representatives. BOP to retain electronic communica- and most efficient method of commu- The bill also includes additional pro- tions until the incarcerated person is nication available to incarcerated indi- tections, including the requirement released but specifies that the contents viduals and their attorneys. that the contents of electronic commu- may only be accessed under very lim- Even a brief client visit can take nications be destroyed when an inmate ited circumstances. hours, as the distinguished gentleman is released from prison, as well as au- Finally, it allows a court to suppress from North Dakota pointed out, hours thorizing the suppression of evidence evidence obtained or derived from ac- out of an attorney’s day when you in- obtained or derived from access to in- cess to the retained contents if such clude travel and wait times. Confiden- formation in violation of provisions set access were granted in violation of the tial phone calls are often subject to forth in this bill. act. time limitations and cannot usually be This is an important bill, and one Congress must continually address scheduled immediately. that has been needed for quite some the application of existing law to b 1415 time. I commend our colleagues, Rep- emerging technology. This is a com- Postal mail can take an especially resentatives HAKEEM JEFFRIES and monsense application of existing law to long time to reach an incarcerated in- DOUG COLLINS, for their efforts and a technology that is decades old. It is dividual because it must first be leadership in developing this bipartisan time we act. piece of legislation. Mr. Speaker, I urge my colleagues to opened and screened. These delays Mr. Speaker, I urge all of my col- join me in supporting H.R. 5546, and I should be unnecessary in a prison sys- leagues to join me in support of this reserve the balance of my time. tem that currently permits electronic bill today, and I reserve the balance of Ms. SCANLON. Mr. Speaker, I yield 5 communications and would be if the at- my time. minutes to the gentleman from New torney-client privilege was consist- Mr. ARMSTRONG. Mr. Speaker, I ently applied to email communication. York (Mr. JEFFRIES). yield myself such time as I may con- Mr. JEFFRIES. Mr. Speaker, I thank The situation has become even more sume. the distinguished gentlewoman from urgent in light of BOP’s decision to Mr. Speaker, I rise today in support the Commonwealth of Pennsylvania for suspend legal visits as part of its of H.R. 5546, the Effective Assistance of her leadership and for yielding. COVID–19 Modified Operations Plan. Counsel in the Digital Era Act. To solve this challenge, H.R. 5546 Mr. Speaker, I rise in support of H.R. As a defense attorney, I cannot over- would require the Attorney General to 5546, the Effective Assistance of Coun- emphasize the importance of pro- ensure that the BOP email system ex- sel in the Digital Era Act. tecting attorney-client privilege. The cludes from monitoring the contents of The Sixth Amendment to the United ability to have confidential discussions electronic communications between an States Constitution provides that in all with a client for the purpose of pro- incarcerated person and their attorney. criminal prosecutions the accused shall viding legal advice is foundational to BOP would, of course, be allowed to have the assistance of counsel for his providing effective assistance of coun- retain the contents of those messages defense. sel. up until the incarcerated person is re- To effectively represent a client and This bill will help modernize our leased, but they would be accessible provide the best possible legal advice, criminal justice system by extending only under very limited circumstances. an attorney must be fully informed attorney-client privilege to electronic The bill also allows a court to suppress about the facts of the case. But this communications sent or received evidence that is obtained or derived can only be achieved through confiden- through the Bureau of Prisons’ email from illegal access to the retained con- tial communication between the attor- system. tents. This will allow incarcerated individ- ney and their client. That is why the Our criminal justice system depends uals to communicate with their attor- attorney-client privilege is so critical. on the attorney-client privilege to en- neys efficiently and privately. And it The Supreme Court stated in Lanza sure that lawyers are able to effec- would prohibit the Bureau of Prisons v. New York that ‘‘even in a jail, or tively represent their clients. That is from monitoring privileged email com- perhaps especially there, the relation- why this legislation is so critical. munications. ships which the law has endowed with I thank my good friend, Representa- We all agree that attorney-client particularized confidentiality must tive DOUG COLLINS, Chairman JERRY privilege is a vital component of our continue to receive unceasing protec- NADLER, and Ranking Member JIM JOR- legal system, as it helps to ensure that tion.’’ DAN for their leadership, as well as a criminal defendant has an effective There are nearly 127,000 individuals Members on both sides of the aisle. advocate in the courtroom. currently in BOP custody, many of I also thank the ACLU, the American Emails between incarcerated individ- whom are in pretrial detention and Bar Association, Americans for Pros- uals and their attorneys should abso- have not been convicted of a crime. perity, #cut50, Due Process Institute, lutely fall under attorney-client pro- These Americans are innocent until Faith and Freedom Coalition, Families tections. This bill would protect the proven guilty. Like any person in- Against Mandatory Minimums, Federal rights of incarcerated men and women volved in a criminal proceeding, these Defenders, FreedomWorks, National to speak openly and honestly with individuals need to be able to confiden- Action Network, National Association their attorneys via email without fear tially communicate with their attor- of Criminal Defense Lawyers, Prison that the prosecution is monitoring neys in order to vindicate their rights Fellowship, and Right on Crime for those communications. under law. their support of this legislation. Other methods of communication, The bipartisan Effective Assistance Mr. Speaker, I urge my colleagues to such as in-person meetings and letters, of Counsel in the Digital Era Act will vote ‘‘yes’’ on H.R. 5546. can be particularly burdensome and enable incarcerated individuals to com- Mr. ARMSTRONG. Mr. Speaker, I time consuming. Even if an attorney is municate with their legal representa- yield myself such time as I may con- in close proximity to the incarcerated tives privately, efficiently, and safely sume. client, it could take hours to travel to by prohibiting the Bureau of Prisons I do appreciate this bill, and the only a detention facility and visit with that from monitoring privileged electronic question I sometimes have is that it client. communications. seems like email has been around for a H.R. 5546 requires the Attorney Gen- While BOP regulations place protec- long time, and we are just getting to it, eral to ensure that BOP’s email system tions on attorney visits, phone calls, but better later than never. excludes the contents of electronic and traditional mail, no such protec- But I also think it is really impor- communications between an incarcer- tions currently exist in the context of tant to recognize a lot of these cases ated person and his or her attorney. email communications sent through are public defense cases. You will have The bill stipulates that the protec- BOP’s electronic mail service, the public defenders who have bigger case- tions and limitations associated with Trust Fund Limited Inmate Computer loads than we would like sometimes

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.047 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4579 and clients that don’t necessarily trust SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO (A) tribal law enforcement; COMBAT VIOLENCE AGAINST NA- (B) the Office of Justice Services of the Bu- the system. TIVE PEOPLE. This is good for defendants. This is reau of Indian Affairs; (a) COORDINATOR DESIGNATION.—The Sec- (C) State and local law enforcement in good for lawyers. This is good for over- retary of the Interior shall designate an offi- close proximity to Indian lands, with a letter all faith in the criminal justice system. cial within the Office of Justice Services in of recommendation from a local Indian It protects people, and it doesn’t just the Bureau of Indian Affairs who shall— Tribe; protect the client who that public de- (1) coordinate prevention efforts, grants, (D) the Victim Services Division of the fender is recognizing. It helps all of his and programs related to the murder of, traf- Federal Bureau of Investigation; ficking of, and missing Indians across Fed- other clients if he or she can commu- (E) the Department of Justice’s Human eral agencies, including— Trafficking Prosecution Unit; nicate with all of their clients quicker (A) the Bureau of Indian Affairs; and and more efficiently. (F) the Office of Violence Against Women (B) the Department of Justice, including— of the Department of Justice; This is a really good bill. I urge ev- (i) the Office of Justice Programs; (G) the Office of Victims of Crime of the erybody to support it, and I yield back (ii) the Office on Violence Against Women; Department of Justice; the balance of my time. (iii) the Office of Community Oriented Po- (H) a United States attorney’s office with Ms. SCANLON. Mr. Speaker, H.R. licing Services; experience in cases related to missing per- (iv) the Federal Bureau of Investigation; 5546 is an important measure to rein- sons, murder, or trafficking of Indians or on and Indian land; force the attorney-client privilege, an (v) the Office of Tribal Justice; issue that is essential to the fair ad- (I) the Administration for Native Ameri- (2) ensure prevention efforts, grants, and cans of the Office of the Administration for ministration of our criminal justice programs of Federal agencies related to the Children & Families of the Department of system and one that is even more ur- murder of, trafficking of, and missing Indi- Health and Human Services; gent in this pandemic. ans consider the unique challenges of com- (J) the Substance Abuse and Mental Health For all the reasons discussed here bating crime, violence, and human traf- Services Administration of the Department ficking of Indians and on Indian lands faced today, I urge my colleagues to join me of Health and Human Services; by Tribal communities, urban centers, the (K) a Tribal judge with experience in cases in supporting this bipartisan legisla- Bureau of Indian Affairs, Tribal law enforce- tion, and I yield back the balance of related to missing persons, murder, or traf- ment, Federal law enforcement, and State ficking; my time. and local law enforcement; (L) not fewer than 3 Indian Tribes from di- The SPEAKER pro tempore. The (3) work in cooperation with outside orga- verse geographic areas, including 1 Indian question is on the motion offered by nizations with expertise in working with In- tribe located in Alaska, selected from nomi- the gentlewoman from Pennsylvania dian tribes and Indian Tribes to provide vic- nations submitted by the Indian Tribe; tim centered and culturally relevant train- (Ms. SCANLON) that the House suspend (M) not fewer than 2 health care and men- ing to tribal law enforcement, Indian Health tal health practitioners and counselors and the rules and pass the bill, H.R. 5546. Service health care providers, urban Indian The question was taken; and (two- providers with experience in working with organizations, Tribal community members Indian survivors of trafficking and sexual as- thirds being in the affirmative) the and businesses, on how to effectively iden- sault, with a letter of recommendation from rules were suspended and the bill was tify, respond to and report instances of miss- a local tribal chair or tribal law enforcement passed. ing persons, murder, and trafficking within officer; A motion to reconsider was laid on Indian lands and of Indians; and (N) not fewer than 3 national, regional, or the table. (4) report directly to the Secretary of the urban Indian organizations focused on vio- Interior. lence against women and children on Indian (b) REPORT.—The official designated in f lands or against Indians; subsection (a) shall submit to the Committee (O) at least 2 Indian survivors of human on Indian Affairs and the Committee on the NOT INVISIBLE ACT OF 2019 trafficking; Judiciary of the Senate and the Committee (P) at least 2 family members of missing Ms. SCANLON. Mr. Speaker, I move on Natural Resources and the Committee on Indian people; to suspend the rules and pass the bill the Judiciary of the House of Representa- (Q) at least 2 family members of murdered tives a report to provide information on Fed- Indian people; (S. 982) to increase intergovernmental eral coordination efforts accomplished over coordination to identify and combat (R) the National Institute of Justice; and the previous year that includes— (S) the Indian Health Service. violent crime within Indian lands and (1) a summary of all coordination activi- (3) PERIODS OF APPOINTMENT.—Members of Indians. ties undertaken in compliance with this sec- shall be appointed for the duration of the The Clerk read the title of the bill. tion; Commission. (2) a summary of all trainings completed The text of the bill is as follows: (4) VACANCIES.—A vacancy in the Commis- under subsection (a)(3); and S. 982 sion shall be filled in the manner in which (3) recommendations for improving coordi- Be it enacted by the Senate and House of Rep- the original appointment was made and shall nation across Federal agencies and of rel- not affect the powers or duties of the Com- resentatives of the United States of America in evant Federal programs. Congress assembled, mission. SEC. 4. ESTABLISHMENT OF THE DEPARTMENT (5) COMPENSATION.—Commission members SECTION 1. SHORT TITLE. OF INTERIOR AND THE DEPART- shall serve without compensation. MENT OF JUSTICE JOINT COMMIS- This Act may be cited as the ‘‘Not Invis- (6) TRAVEL EXPENSES.—The Secretary of ible Act of 2019’’. SION ON REDUCING VIOLENT CRIME AGAINST INDIANS. the Interior, in coordination with the Attor- SEC. 2. DEFINITIONS. (a) ESTABLISHMENT.—Not later than 120 ney General, shall consider the provision of In this Act— days after the date of enactment of this Act, travel expenses, including per diem, to Com- (1) the term ‘‘Commission’’ means the De- the Secretary of the Interior, in coordination mission members when appropriate. partment of the Interior and the Department with the Attorney General, shall establish (c) DUTIES.— of Justice Joint Commission on Reducing and appoint all members of a joint commis- (1) IN GENERAL.—The Commission may hold Violent Crime Against Indians under section sion on violent crime on Indian lands and such hearings, meet and act at times and 4; against Indians. places, take such testimony, and receive (2) the term ‘‘human trafficking’’ means (b) MEMBERSHIP.— such evidence as the Commission considers act or practice described in paragraph (9) or (1) COMPOSITION.— to be advisable to carry out the duties of the paragraph (10) of section 103 of the Traf- (A) IN GENERAL.—The Commission shall be Commission under this section. ficking Victims Protection Act of 2000 (22 composed of members who represent diverse (2) RECOMMENDATIONS FOR THE DEPARTMENT U.S.C. 7102); experiences and backgrounds that provide OF INTERIOR AND DEPARTMENT OF JUSTICE.— (3) the term ‘‘Indian’’ means a member of balanced points of view with regard to the (A) IN GENERAL.—The Commission shall dean Indian tribe; duties of the Commission. velop recommendations to the Secretary of (4) the terms ‘‘Indian lands’’ and ‘‘Indian (B) DIVERSITY.—To the greatest extent the Interior and Attorney General on actions tribe’’ have the meanings given the terms in practicable, the Secretary of the Interior the Federal Government can take to help section 3 of the Native American Business shall ensure the Commission includes Tribal combat violent crime against Indians and Development, Trade Promotion, and Tour- representatives from diverse geographic within Indian lands, including the develop- ism Act of 2000 (25 U.S.C. 4302); and areas and of diverse sizes. ment and implementation of recommenda- (5) the terms ‘‘urban centers’’ and ‘‘urban (2) APPOINTMENT.—The Secretary of the In- tions for— Indian organization’’ have the meanings terior, in coordination with the Attorney (i) identifying, reporting, and responding given the terms in section 4 of the Indian General, shall appoint the members to the to instances of missing persons, murder, and Health Care Improvement Act (25 U.S.C. Commission, including representatives human trafficking on Indian lands and of In- 1603). from— dians;

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.049 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4580 CONGRESSIONAL RECORD — HOUSE September 21, 2020 (ii) legislative and administrative changes ERINE CORTEZ MASTO and passed by the identifying, responding to, and report- necessary to use programs, properties, or Senate last March, addresses the crisis ing on cases of missing persons, mur- other resources funded or operated by the of violence and sexual violence com- der, and human trafficking. Department of the Interior and Department mitted against American Indian and For 2 years, a joint commission on of Justice to combat the crisis of missing or murdered Indians and human trafficking on Alaska Native men and women in two reducing violent crimes against Indians Indian lands and of Indians; concrete ways, by directing the ap- will be tasked with preparing rec- (iii) tracking and reporting data on in- pointment within the Bureau of Indian ommendations on concrete actions the stances of missing persons, murder, and Affairs of a coordinator of Federal ef- Department of the Interior and the De- human trafficking on Indian lands and of In- forts to combat violence against Native partment of Justice can take to help dians; people and by establishing a commis- combat violent crimes against Native (iv) addressing staff shortages and open po- sion on reducing violent crime against Americans and on Native American sitions within relevant law enforcement Indians. lands. These include the development agencies, including issues related to the hir- ing and retention of law enforcement offi- I commend my colleague, Represent- and implementation of strategies for cers; ative DEBRA HAALAND from New Mex- identifying, reporting, and responding (v) coordinating tribal, State, and Federal ico, for introducing the companion bill to instances of missing persons, mur- resources to increase prosecution of murder here in the House and for her efforts in der, and human trafficking; tracking and human trafficking offenses on Indian advancing this important legislation. and reporting relevant data; and in- lands and of Indians; and For decades, Native American and creasing prosecutions in this neglected (vi) increasing information sharing with Alaska Native communities have arena. These are long-overdue critical tribal governments on violent crime inves- struggled with high rates of assault, measures. tigations and prosecutions in Indian lands abduction, and murder of women. Com- that were terminated or declined. It is well past the time to help rec- munity advocates describe the crisis as (B) SUBMISSION.—Not later than 18 months tify these problems, and I am pleased after the enactment of this Act, the Commis- a legacy of generations of government that the Not Invisible Act will go a sion shall make publicly available and sub- policies promoting forced removal, long way in that process. Therefore, I mit all recommendations developed under land seizures, and violence inflicted on urge all of my colleagues to join me in this paragraph to— Native peoples. support of this bill today. (i) the Secretary of the Interior; Advocates and victims’ families also Mr. Speaker, I reserve the balance of (ii) the Attorney General; complain, and rightly so, that the in- my time. (iii) the Committee on the Judiciary of the vestigation and monitoring of dis- Mr. ARMSTRONG. Mr. Speaker, I Senate; appearances and killings of members of (iv) the Committee on Indian Affairs of the yield myself such time as I may con- Senate; their communities have gotten lost in sume. (v) the Committee on Natural Resources of bureaucratic gaps generated by a sys- I rise in support of S. 982, the Not In- the House of Representatives; and tem that lacks clarity on whether local visible Act of 2019. (vi) the Committee on the Judiciary of the or Federal agencies should investigate. We just discussed the appalling ex- House of Representatives. The Federal Government must do tent of missing and murdered indige- (C) SECRETARIAL RESPONSE.—Not later than something to address these problems. nous women and how Savanna’s Act 90 days after the date on which the Secretary The statistics on violence in Native will begin to address this issue. The of the Interior and the Attorney General re- American communities are staggering. Not Invisible Act is another step to ceive the recommendations under paragraph (2), the Secretary and the Attorney General More than four in five American Indian solve this abhorrent problem. shall each make publicly available and sub- and Alaska Native women have experi- This bill provides an opportunity for mit a written response to the recommenda- enced violence in their lifetime, includ- the Federal Government to improve its tions to— ing 56.1 percent who have experienced efforts to combat the growing crisis of (i) the Commission; sexual violence. American Indian and murder and trafficking and the dis- (ii) the Committee on the Judiciary of the Alaska Native men also have high vic- appearance of indigenous men and Senate; timization rates, with 81.6 percent hav- women. (iii) the Committee on Indian Affairs of the ing experienced violence in their life- While there are many Federal pro- Senate; (iv) the Committee on Natural Resources time. This problem is, in large part, grams tasked with addressing violent of the House of Representatives; and the result of decades of neglect by the crime, the agencies that operate these (v) the Committee on the Judiciary of the Federal Government. programs do not have an overarching House of Representatives. This crisis has particularly affected strategy to properly deploy these re- (d) FACA EXEMPTION.—The Commission Native American women, scores of sources in Indian Country and in urban shall be exempt from the Federal Advisory whom have gone missing and have been Indian communities. Program imple- Committee Act (5 U.S.C. App.). found murdered. Recently, these wom- mentation often takes place without (e) SUNSET.—The Commission shall terminate on the date that is 2 years after the en’s stories have begun to be told to a considering the unique needs of Native date of enactment of this Act. wider audience. But these stories are American communities in this context. The SPEAKER pro tempore. Pursu- not new, and it is long overdue that we S. 982 will require the appropriate ant to the rule, the gentlewoman from address them. agencies to coordinate prevention ef- The Not Invisible Act of 2019 is an Pennsylvania (Ms. SCANLON) and the forts, grants, and programs across the gentleman from North Dakota (Mr. important step for the Federal Govern- Bureau of Indian Affairs and the De- ARMSTRONG) each will control 20 min- ment in finding an adequate response partment of Justice, among other utes. to the problem of violence against Na- stakeholders. The Chair recognizes the gentle- tive Americans. By making a perma- I urge my colleagues to join me in woman from Pennsylvania. nent position within the Bureau of In- supporting S. 982, and I reserve the bal- GENERAL LEAVE dian Affairs that reports directly to ance of my time. Ms. SCANLON. Mr. Speaker, I ask the Secretary of the Interior and who Ms. SCANLON. Mr. Speaker, I re- unanimous consent that all Members will submit an annual report to Con- serve the balance of my time. have 5 legislative days to revise and ex- gress, we will greatly improve the Fed- Mr. ARMSTRONG. Mr. Speaker, I tend their remarks and include extra- eral response to combating violence in yield 10 minutes to the gentleman from neous material on the bill under con- Native communities. Washington (Mr. NEWHOUSE), my good sideration. Significantly, this bill also directs friend. The SPEAKER pro tempore. Is there the BIA coordinator to take into con- Mr. NEWHOUSE. Mr. Speaker, I objection to the request of the gentle- sideration the unique challenges faced thank my friend from North Dakota woman from Pennsylvania? by Native American communities, both (Mr. ARMSTRONG) for yielding to me on There was no objection. on and off Tribal lands, and to work in this important issue. Ms. SCANLON. Mr. Speaker, I yield cooperation with outside organizations Mr. Speaker, I rise today to urge my myself such time as I may consume. to train Tribal law enforcement, Indian colleagues to support a bipartisan piece S. 982, the Not Invisible Act of 2019, Health Service care providers, and of legislation that will finally foster introduced by Nevada Senator CATH- other Tribal community members on progress toward addressing the crisis

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.018 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4581 that we know is plaguing our Native Federal Government dedicates proper The Chair recognizes the gentle- communities across the country. attention and gives visibility to the woman from Texas. Despite unparalleled rates of vio- crisis of violence and sexual violence GENERAL LEAVE lence, there is still no reliable way of committed against American Indian Ms. JACKSON LEE. Mr. Speaker, I knowing how many indigenous women and Alaska Native men and women. In- ask unanimous consent that all Mem- go missing each year nor whose fate deed, these communities have been bers have 5 legislative days to revise hangs in the balance of an unsolved subjected to invisibility and neglect for and extend their remarks and include murder case. far too long. extraneous material on the bill under My congressional district in central Mr. Speaker, I urge my colleagues to consideration. Washington has been particularly af- support this important bipartisan leg- The SPEAKER pro tempore. Is there fected by this crisis. Since the year islation, and I yield back the balance of objection to the request of the gentle- 2013, there have been 13 cases of miss- my time. woman from Texas? ing or murdered indigenous women on The SPEAKER pro tempore. The There was no objection. or around the Yakama Reservation question is on the motion offered by Ms. JACKSON LEE. Mr. Speaker, I alone. the gentlewoman from Pennsylvania yield myself such time as I may con- This number accounts only for the (Ms. SCANLON) that the House suspend sume. land surrounding one of the 29 federally the rules and pass the bill, S. 982. Mr. Speaker, I rise in strong support recognized Tribes in Washington State, The question was taken; and (two- of S. 1321, the Defending the Integrity let alone the hundreds of others across thirds being in the affirmative) the of Voting Systems Act. the country. This information is avail- rules were suspended and the bill was We are on the verge of a significant, able only due to the efforts and activ- passed. historic, and, really, life-or-death Pres- ism of local communities. A motion to reconsider was laid on idential Federal election. This is an Tribal and community leaders have the table. important legislative initiative. This held multiple marches, vigils, and com- f important and timely legislation would munity forums to raise awareness and strengthen Federal criminal laws re- demand action. b 1430 lated to interference with voting sys- The diligent reporting of the Yakima DEFENDING THE INTEGRITY OF tems used in a Federal election. Herald-Republic, our local newspaper, VOTING SYSTEMS ACT All of us want a fair and just election has highlighted the response and activ- Ms. JACKSON LEE. Mr. Speaker, I system. Voting is an essential part of ism on the ground by creating an on- move to suspend the rules and pass the our democracy. We must ensure that line hub to list open cases involving bill (S. 1321) to amend title 18, United our citizens have confidence in our missing and murdered women and pro- States Code, to prohibit interference electoral systems. As we know too well from the last viding resources for the community to with voting systems under the Com- Presidential election and from evi- report such disappearances. puter Fraud and Abuse Act. Recently passed State laws in Olym- The Clerk read the title of the bill. dence that we continue to learn, our pia have enhanced data collection and The text of the bill is as follows: adversaries, Russians and others, are improved communication between conducting cyber operations to inter- S. 1321 Tribal leaders, law enforcement, and fere with our elections. We are well various State agencies. Be it enacted by the Senate and House of Rep- aware of the Russian bots that inter- resentatives of the United States of America in fered with the elections in 2016. We These local leaders have given a Congress assembled, voice to the crisis, and I am heartened need to do all that we can to protect SECTION 1. SHORT TITLE. to see that the Federal Government is This Act may be cited as the ‘‘Defending voting machines and the related infra- finally taking action. For too long, in- the Integrity of Voting Systems Act’’. structure as we head to November. digenous women and Native commu- SEC. 2. PROHIBITION ON INTERFERENCE WITH The integrity and legitimacy of our nities have faced this crisis all alone VOTING SYSTEMS. elections is at stake. That is why this and suffered in silence. Section 1030(e) of title 18, United States bill was developed: to ensure that our The Trump administration has Code, is amended— law concerning the unauthorized ac- worked to bring this crisis to light, (1) in paragraph (2)— cessing of computer systems can also creating an interagency task force be- (A) in subparagraph (A), by striking ‘‘or’’ be used to prosecute those who hack tween the Departments of Justice and at the end; into computer voting systems. (B) in subparagraph (B), by adding ‘‘or’’ at Led by Senator BLUMENTHAL and by the Interior called Operation Lady Jus- the end; and tice. (C) by adding at the end the following: our former colleague Mr. Ratcliffe in I was proud to welcome Assistant ‘‘(C) that— the House, this bipartisan legislation Secretary for Indian Affairs Tara ‘‘(i) is part of a voting system; and responds to a concerning report by the Sweeney to central Washington last ‘‘(ii)(I) is used for the management, sup- Justice Department’s Cyber-Digital December, where she highlighted the port, or administration of a Federal election; Task Force in 2018. The report con- administration’s effort to deliver jus- or cluded that current law is inadequate, tice to Native American communities. ‘‘(II) has moved in or otherwise affects given all the potential threats to our But Secretary Sweeney echoed the con- interstate or foreign commerce;’’; Nation’s election security and voting (2) in paragraph (11), by striking ‘‘and’’ at cerns of local leaders and myself by the end; systems. Specifically, the report iden- pointing out the need for congressional (3) in paragraph (12), by striking the period tified a gap in current Federal criminal action. and inserting a semicolon; and law relating to hacking of voting ma- By sending this bill to President (4) by adding at the end the following: chines, especially when the machines Trump’s desk, we are signaling that we ‘‘(13) the term ‘Federal election’ means any are offline. have heard them and that they are no election (as defined in section 301(1) of the The Computer Fraud and Abuse Act longer invisible. Federal Election Campaign Act of 1971 (52 is a key tool for the prosecution of As Congress takes long-overdue ac- U.S.C. 30101(1))) for Federal office (as defined computer crimes and the protection of in section 301(3) of the Federal Election Cam- tion to address the crisis of missing paign Act of 1971 (52 U.S.C. 30101(3))); and property rights and computers, but the and murdered indigenous women, I ‘‘(14) the term ‘voting system’ has the law is generally limited to certain de- urge my colleagues to join me in sup- meaning given the term in section 301(b) of vices connected to the internet. How- porting the Not Invisible Act. the Help America Vote Act of 2002 (52 U.S.C. ever, researchers have repeatedly dem- Mr. ARMSTRONG. Mr. Speaker, I 21081(b)).’’. onstrated that ballot recording ma- don’t think I could close any better The SPEAKER pro tempore (Mr. chines and other voting systems are than that, so I yield back the balance CUELLAR). Pursuant to the rule, the susceptible to tampering based on of my time. gentlewoman from Texas (Ms. JACKSON physical or close access. Ms. SCANLON. Mr. Speaker, the Not LEE) and the gentleman from North In order to reduce the risk of attack, Invisible Act does precisely what its Dakota (Mr. ARMSTRONG) each will con- more jurisdictions are adopting impor- title aims to do. It ensures that the trol 20 minutes. tant and recommended measures to

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.052 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4582 CONGRESSIONAL RECORD — HOUSE September 21, 2020 keep these voting systems off the the Crime, Terrorism, and Homeland SECTION 1. SHORT TITLE. internet. Therefore, S. 1321, this Senate Security Subcommittee for his leader- This Act may be cited as the ‘‘Due Process bill, would expand the definition of the ship, and I thank the sponsors for their Protections Act’’. term ‘‘protected computer’’ under the leadership. I thank our chairman and SEC. 2. REMINDER OF PROSECUTORIAL OBLIGA- TIONS. Computer Fraud and Abuse Act to in- ranking member for the bipartisanship Rule 5 of the Federal Rules of Criminal clude computers, even if offline, that of this legislation. Procedure is amended— are a part of any voting system used in Again, Mr. Speaker, let me remind (1) by redesignating subsection (f) as sub- a Federal election. my colleagues how important this section (g); and It is so crucial that the American change is. It doesn’t speak to mistakes (2) by inserting after subsection (e) the fol- people know that we have taken this or innocent mistakes, but what it does lowing: action today to protect them and to is it makes sure that a computer that ‘‘(f) REMINDER OF PROSECUTORIAL OBLIGA- ensure the sanctity of the process of is offline is subject to the laws of hack- TION.— ‘‘(1) IN GENERAL.—In all criminal pro- voting and democracy. By expanding ing that may occur when a computer is online or active. ceedings, on the first scheduled court date the definition of computers that are when both prosecutor and defense counsel protected under current law, we will We know how creative those who are present, the judge shall issue an oral and enhance the ability of law enforcement want to undermine and distract from a written order to prosecution and defense and prosecutors to bring appropriate fair, just election are. They may not counsel that confirms the disclosure obliga- charges in instances in which computer just have an inclination to hack an action of the prosecutor under Brady v. Mary- voting systems are hacked. tive computer. So under the Computer land, 373 U.S. 83 (1963) and its progeny, and The Senate passed this legislation Fraud and Abuse Act, this is to include the possible consequences of violating such with unanimous support, and it is now computers, even if they are offline, order under applicable law. our turn to join our colleagues to adopt that are part of a voting system used ‘‘(2) FORMATION OF ORDER.—Each judicial in a Federal election. council in which a district court is located this important bill so that it may be- shall promulgate a model order for the pur- come law as quickly as possible. There- Again, we understand how many people are engaged in making sure we have pose of paragraph (1) that the court may use fore, Mr. Speaker, I ask all of my col- as it determines is appropriate.’’. leagues today to join me in this bipar- a secure and just election, and we know that this legislation focuses on the bad The SPEAKER pro tempore. Pursu- tisan, crucial legislation which upholds ant to the rule, the gentlewoman from democracy and assures the sanctity of actors, and that is what we want to do. The integrity, Mr. Speaker, of the Texas (Ms. JACKSON LEE) and the gen- one vote, one person. tleman from North Dakota (Mr. ARM- Mr. Speaker, I reserve the balance of upcoming elections is essential to the foundation of our democracy. The right STRONG) each will control 20 minutes. my time. The Chair recognizes the gentle- Mr. ARMSTRONG. Mr. Speaker, I to vote is the most fundamental right woman from Texas. yield myself as much time as I may of citizenship in our democracy, and consume. this issue touches every voter in every GENERAL LEAVE Mr. Speaker, I rise in support of S. community across America. Ms. JACKSON LEE. Mr. Speaker, I 1321, the Defending the Integrity of We know that people are now voting ask unanimous consent that all Mem- Voting Systems Act. as we stand here on the floor of the bers have 5 legislative days to revise This bill will protect our Nation’s House. We know that mail balloting and extend their remarks and include most sacred democratic process by will continue or start in many jurisdic- extraneous material on the bill under making it a Federal crime to hack any tions. Some have already started. We consideration. voting system used in a Federal elec- know many States are engaged in early The SPEAKER pro tempore. Is there tion. voting, where millions of people will be objection to the request of the gentle- Protecting our Nation’s election voting. This is an important initiative woman from Texas? process from bad actors must be a top that needs to be signed immediately There was no objection. priority of Congress. into law. Ms. JACKSON LEE. Mr. Speaker, I In 2018, the Department of Justice’s We need to do all that we can to ad- yield myself such time as I may con- Cyber-Digital Task Force issued a redress current threats and to ensure sume. port finding that election systems were public confidence in our elections. This S. 1380, the Due Process Protection not adequately protected by Federal legislation will help advance that goal. Act, introduced by Senators DAN SUL- law. This bill is a bipartisan response That is why I ask all of my colleagues LIVAN and DICK DURBIN and passed by to address the problems identified by to join me in supporting passage of S. unanimous consent in the Senate this the task force. 1321 today. past May, is a narrowly tailored, bipar- Bad actors who attempt to interfere Mr. Speaker, I yield back the balance tisan bill that would reinforce the gov- in our elections must be punished for of my time. ernment’s already existing constitu- their actions. As someone who spends a The SPEAKER pro tempore. The tional obligation to disclose excul- lot of time here talking about where question is on the motion offered by patory evidence. Sometimes, of course, the gentlewoman from Texas (Ms. crimes fit in the State and Federal that evidence can be the difference be- JACKSON LEE) that the House suspend place, and oftentimes I think we over- tween innocence and conviction and the rules and pass the bill, S. 1321. fairness to both the government and react as a Federal Government and The question was taken; and (two- interfere in things that I believe should the defendant. thirds being in the affirmative) the The Due Process Clause of the United be left to the States, I think this is the rules were suspended and the bill was opposite of that. An election in North States Constitution requires that pros- passed. ecutors disclose to the accused all fa- Dakota can have consequences across A motion to reconsider was laid on vorable evidence that is material. Un- the country. An election in Texas can the table. have consequences across the country. fortunately, at this time, there are in- This is written in a way that it deals f adequate safeguards in Federal law to with Federal elections and any ma- DUE PROCESS PROTECTIONS ACT ensure that this practice is followed chines used in those. It is a good piece Ms. JACKSON LEE. Mr. Speaker, I across the country. of legislation. It is a bipartisan piece of move to suspend the rules and pass the According to the National Registry legislation. It is based off of task force bill (S. 1380) to amend the Federal of Exonerations, from 1989 to 2017, pros- findings. It is narrow, and it does what Rules of Criminal Procedure to remind ecutors concealed exculpatory evidence we need it to do. prosecutors of their obligations under at trial in half of all murder exonera- Mr. Speaker, I urge my colleagues to Supreme Court case law. tions. Although this statistic includes join me in supporting this bill, and I The Clerk read the title of the bill. State prosecutions, we know that ex- yield back the balance of my time. The text of the bill is as follows: culpatory evidence is concealed in Fed- Ms. JACKSON LEE. Mr. Speaker, I S. 1380 eral cases as well. yield myself the balance of my time. Be it enacted by the Senate and House of Rep- Mr. Speaker, I have been involved in Mr. Speaker, I thank the gentleman resentatives of the United States of America in criminal justice reform for a very long from the Judiciary Committee and on Congress assembled, time, and I have seen the damage that

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.055 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4583 not exposing or disclosing exculpatory to follow the Constitution or risk being So it is narrowly tailored to ensure evidence can do and how it is an imbal- sanctioned by the court. that Federal prosecutors simply follow ance as it relates to defendants who It is a breath of fresh air to see the the law, as they already should, in happen to be Brown or Black. That is Constitution being raised over and over every case. unfair, and I know the America that I again for the good aspects of what I strongly urge my colleagues to sup- have come to know and love under- American democracy is all about. The port this breath of fresh air in the re- stands that justice should be equal for pillars upon which it is built are clear- counting of the Constitution, a docu- all. ly that of justice and equality and fair- ment that continues to live in 2020 so Again, one prominent example of the ness in our judicial system. that it will become law and order. failure to disclose exculpatory evidence Accordingly, this is a straight- Again, I ask my colleagues to sup- was in the 2008 trial of then-Senator forward and bipartisan measure that port this legislation, and I yield back Ted Stevens. When it was later re- would help our criminal justice system the balance of my time. vealed that the Justice Department operate in a more effective and fair The SPEAKER pro tempore. The had committed misconduct by failing manner. question is on the motion offered by to turn over exculpatory evidence, the Mr. Speaker, I reserve the balance of the gentlewoman from Texas (Ms. judge in that case concluded that he my time. JACKSON LEE) that the House suspend could not sanction the prosecutors be- Mr. ARMSTRONG. Mr. Speaker, I the rules and pass the bill, S. 1380. cause he had not issued a direct writ- yield myself such time as I may con- The question was taken; and (two- ten court order requiring them to abide sume. thirds being in the affirmative) the Mr. Speaker, I rise in support of S. by their ethical and constitutional ob- rules were suspended and the bill was 1380, the Due Process Protections Act. ligations to disclose favorable evi- This is a commonsense, bipartisan passed. dence. bill that will reinforce constitutional A motion to reconsider was laid on Many of us who knew that case, who protections for criminal defendants. the table. knew Senator Stevens, knew, of course, This bill amends the Federal Rules of f that he had experienced an injustice. Criminal Procedure to require a judge DOMESTIC TERRORISM Following the Stevens case, in June to issue a Brady order, reminding pros- PREVENTION ACT OF 2020 2018, the District Court for the District ecutors of their obligation to disclose of Columbia, where the case was tried, all evidence that is material to the Ms. JACKSON LEE. Mr. Speaker, I amended its local rules to require pros- case, especially exculpatory evidence. move to suspend the rules and pass the ecutors to comply with their disclosure Although some judges already have a bill (H.R. 5602) to authorize dedicated obligations. Other Federal districts had practice of issuing Brady orders, this domestic terrorism offices within the already and have since issued specific bill will require all judges to issue it in Department of Homeland Security, the local rules or standing orders that gov- all criminal proceedings. Department of Justice, and the Federal ern these obligations. Our criminal justice system falls Bureau of Investigation to analyze and A 2011 survey by the Federal Judicial short when key evidence is withheld by monitor domestic terrorist activity Center indicated that 38 of the 94 Fed- prosecutors and revealed years later at and require the Federal Government to eral districts had a local rule or stand- a conviction. Due process is a funda- take steps to prevent domestic ter- ing order confirming the government’s mental right of all Americans; so is the rorism, as amended. obligation to disclose exculpatory and/ right to a fair trial, protected by the The Clerk read the title of the bill. or questioning the credibility of wit- Constitution and this bill helps guar- The text of the bill is as follows: nesses, which is known as impeach- antee that fundamental right. H.R. 5602 ment, material. I urge my colleagues to join me in Be it enacted by the Senate and House of Rep- b 1445 supporting this bill, and I yield back resentatives of the United States of America in the balance of my time. To address this issue, the Due Proc- Congress assembled, Ms. JACKSON LEE. Mr. Speaker, I SECTION 1. SHORT TITLE. ess Protections Act would do three yield myself such time as I may con- things, three very vital things to the This Act may be cited as the ‘‘Domestic sume. Terrorism Prevention Act of 2020’’. scales of justice: One, amend the Fed- I thank my friend and colleague from eral Rules of Criminal Procedure to re- SEC. 2. FINDINGS. North Dakota for his leadership. Congress finds the following: quire that a judge issue an order to I thank, again, the chairman and (1) Recent reports have demonstrated that prosecution and defense counsel that ranking member of the full committee White supremacists and other far-right-wing confirms the disclosure obligation of and our subcommittee chairpersons extremists are the most significant domestic the prosecutors in every criminal case; and ranking members. terrorism threat facing the United States, Two, require each judicial council in Mr. Speaker, let me just say that, as including— which a district court is located to I indicated, it is with an enormous (A) a February 22, 2019, New York Times issue a model order that its courts can sense of pride and recognition and a op-ed, by a Trump Administration United States Department of Justice official, who use at their discretion; and, breath of fresh air when we talk about Three, leave it to the courts in each wrote that ‘‘white supremacy and far-right the Constitution in this hallowed extremism are among the greatest domestic- district to detail the parameters of place, because this House and the other security threats facing the United States. their order. body are grounded in our appreciation Regrettably, over the past 25 years, law en- Mr. Speaker, I have had the oppor- and adherence to the Constitution. forcement, at both the Federal and State tunity to meet with our Federal judges That is what this bill is: due process levels, has been slow to respond. . . . Killings in our jurisdiction over the years, and protections and dealing with the Bill of committed by individuals and groups associ- I know that our discussions always fall Rights, and the right to due process ated with far-right extremist groups have on how we can enhance justice and be that we find in the 14th Amendment risen significantly.’’; fair to all parties in the courthouse. (B) an April 2017 Government Account- and the Fifth Amendment. So I am de- ability Office report on the significant, le- Criminal justice winds up with the lighted that the Due Process Protec- thal threat posed by domestic violent ex- defendant, if convicted, to lose their tions Act is now recognized, and it is a tremists, which— due process rights. Clearly, this is an commonsense, bipartisan measure. (i) explained that ‘‘[s]ince September 12, important and significant legislation How much better we will be when all 2001, the number of fatalities caused by do- that protects all parties, but particu- of the judicial districts require excul- mestic violent extremists has ranged from 1 larly when someone is subject to losing patory evidence to be presented, be- to 49 in a given year.’’; and their due process rights or their free- cause then you know that you have (ii) noted that ‘‘[F]atalities resulting from dom. given all parties their fair chance, and attacks by far right wing violent extremists have exceeded those caused by radical And so I support this legislation be- someone who might lose their liberty, Islamist violent extremists in 10 of the 15 cause, significantly, the bill would not you give them a fair chance by putting years, and were the same in 3 of the years impose any new requirements on pros- forward all of the evidence that may be since September 12, 2001. Of the 85 violent ex- ecutors. It would simply require them exculpatory. tremist incidents that resulted in death

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.058 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4584 CONGRESSIONAL RECORD — HOUSE September 21, 2020 since September 12, 2001, far right wing vio- supremacist with anti-immigrant views cussion and cuts that required 25 staples to lent extremist groups were responsible for 62 killed 22 people and injured 26 others; close. (73 percent) while radical Islamist violent ex- (N) the December 10, 2019, shooting at a Ko- (8) On December 12, 2019, an assailant in- tremists were responsible for 23 (27 per- sher supermarket in Jersey City, New Jer- volved in the prolonged firefight in Jersey cent).’’; and sey, in which 2 men with anti-Semitic views City, NJ, that left six people dead, including (C) an unclassified May 2017 joint intel- killed 3 people in the store and a law enforce- one police officer, was linked on Wednesday ligence bulletin from the Federal Bureau of ment officer in an earlier encounter; and to the Black Hebrew Israelite movement, Investigation and the Department of Home- (O) the December 28, 2019, machete attack and had public anti-Semitic posts online, a land Security, which found that ‘‘white su- at a Hanukkah celebration in Monsey, New law enforcement official said. premacist extremism poses [a] persistent York, in which a man who had expressed (9) On February 8, 2020, A gunman stormed threat of lethal violence,’’ and that White anti-Semitic views stabbed 5 individuals. a NYPD precinct after firing at police van, supremacists ‘‘were responsible for 49 homi- (3) In November 2019, the Federal Bureau of wounding 2. The police commissioner called cides in 26 attacks from 2000 to 2016 . . . more Investigation released its annual hate crime the Bronx rampage an ‘‘assassination at- than any other domestic extremist move- incident report, which found that in 2018, tempt,’’ on law enforcement. ment’’. violent hate crimes reached a 16-year high. (10) In August 2020, a juvenile armed with (2) Recent domestic terrorist attacks in- Though the overall number of hate crimes a semi-automatic rifle heeded the online call clude— decreased slightly after three consecutive posted by a self-proclaimed militia group on (A) the August 5, 2012, mass shooting at a years of increases, the report found a 4-per- Facebook to confront protestors in Kenosha, Sikh gurdwara in Oak Creek, Wisconsin, in cent increase in aggravated assaults, a 15- Wisconsin. He allegedly shot and killed two which a White supremacist shot and killed 6 percent increase in simple assaults, and a 13- protestors and wounded a third. After the members of the gurdwara; percent increase in intimidation. There was shootings, local police officers waved the al- (B) the April 13, 2014, mass shooting at a also a nearly 6-percent increase in hate leged murderer through their lines, even Jewish community center and a Jewish as- crimes directed at LGBTQ individuals and a after bystanders identified him as the shoot- sisted living facility in Overland Park, Kan- 14-percent increase in hate crimes directed er. The armed juvenile then traveled across sas, in which a neo-Nazi shot and killed 3 ci- at Hispanic and Latino individuals. Nearly 60 State lines to his home. vilians, including a 14-year-old teenager; percent of the religion-based hate crimes re- SEC. 3. DEFINITIONS. (C) the June 8, 2014, ambush in Las Vegas, ported targeted American Jews and Jewish In this Act— Nevada, in which 2 supporters of the far- institutions. The previous year’s report (1) the term ‘‘Director’’ means the Director right-wing ‘‘patriot’’ movement shot and found that in 2017, hate crimes increased by of the Federal Bureau of Investigation; killed 2 police officers and a civilian; approximately 17 percent, including a 23-per- (2) the term ‘‘domestic terrorism’’ has the (D) the June 17, 2015, mass shooting at the cent increase in religion-based hate crimes, meaning given the term in section 2331 of Emanuel AME Church in Charleston, South an 18-percent increase in race-based crimes, title 18, United States Code, except that it Carolina, in which a White supremacist shot and a 5-percent increase in crimes directed does not include acts perpetrated by individ- and killed 9 members of the church; against LGBTQ individuals. The report ana- uals associated with or inspired by— (E) the November 27, 2015, mass shooting at lyzing 2016 data found that hate crimes in- (A) a foreign person or organization des- a Planned Parenthood clinic in Colorado creased by almost 5 percent that year, in- ignated as a foreign terrorist organization Springs, Colorado, in which an anti-abortion cluding a 19-percent rise in hate crimes under section 219 of the Immigration and Na- extremist shot and killed a police officer and against American Muslims. Similarly, the tionality Act (8 U.S.C. 1189); 2 civilians; report analyzing 2015 data found that hate (B) an individual or organization des- (F) the March 20, 2017, murder of an Afri- crimes increased by 6 percent that year. ignated under Executive Order 13224 (50 can-American man in New York City, alleg- Much of the 2015 increase came from a 66-per- U.S.C. 1701 note); or edly committed by a White supremacist who cent rise in attacks on American Muslims (C) a state sponsor of terrorism as deter- reportedly traveled to New York ‘‘for the and a 9-percent rise in attacks on American mined by the Secretary of State under sec- purpose of killing black men’’; Jews. In all 4 reports, race-based crimes were tion 6(j) of the Export Administration Act of (G) the May 26, 2017, attack in Portland, most numerous, and those crimes most often 1979 (50 U.S.C. 4605), section 40 of the Arms Oregon, in which a White supremacist alleg- targeted African Americans. Export Control Act (22 U.S.C. 2780), or sec- edly murdered 2 men and injured a third (4) On March 15, 2019, a White nationalist tion 620A of the Foreign Assistance Act of after the men defended 2 young women whom was arrested and charged with murder after 1961 (22 U.S.C. 2371); the individual had targeted with anti-Mus- allegedly killing 50 Muslim worshippers and (3) the term ‘‘Domestic Terrorism Execu- lim hate speech; injuring more than 40 in a massacre at the tive Committee’’ means the committee with- (H) the August 12, 2017, attacks in Char- Al Noor Mosque and Linwood Mosque in in the Department of Justice tasked with as- lottesville, Virginia, in which— Christchurch, New Zealand. The alleged sessing and sharing information about ongo- (i) a White supremacist killed one and in- shooter posted a hate-filled, xenophobic ing domestic terrorism threats; jured nineteen after driving his car through manifesto that detailed his White nation- (4) the term ‘‘hate crime incident’’ means a crowd of individuals protesting a neo-Nazi alist ideology before the massacre. Prime an act described in section 241, 245, 247, or 249 rally, and of which former Attorney General Minister Jacinda Ardern labeled the mas- of title 18, United States Code, or in section Jeff Sessions said, ‘‘It does meet the defini- sacre a terrorist attack. 901 of the Civil Rights Act of 1968 (42 U.S.C. tion of domestic terrorism in our statute.’’; (5) In January 2017, a right-wing extremist 3631); and who had expressed anti-Muslim views was (5) the term ‘‘Secretary’’ means the Sec- (ii) a group of 6 men linked to militia or charged with murder for allegedly killing 6 retary of Homeland Security; and White supremacist groups assaulted an Afri- people and injuring 19 in a shooting rampage (6) the term ‘‘uniformed services’’ has the can-American man who had been protesting at a mosque in Quebec City, Canada. It was meaning given the term in section 101(a) of the neo-Nazi rally in a downtown parking ga- the first-ever mass shooting at a mosque in title 10, United States Code. rage; North America, and Prime Minister Trudeau SEC. 4. OFFICES TO COMBAT DOMESTIC TER- (I) the July 2018 murder of an African- labeled it a terrorist attack. RORISM. American woman from Kansas City, Mis- (6) On February 15, 2019, Federal authori- (a) AUTHORIZATION OF OFFICES TO MONITOR, souri, allegedly committed by a White su- ties arrested U.S. Coast Guard Lieutenant ANALYZE, INVESTIGATE, AND PROSECUTE DO- premacist who reportedly bragged about Christopher Paul Hasson, who was allegedly MESTIC TERRORISM.— being a member of the Ku Klux Klan; planning to kill a number of prominent jour- (1) DOMESTIC TERRORISM UNIT.—There is au- (J) the October 24, 2018, shooting in nalists, professors, judges, and ‘‘leftists in thorized a Domestic Terrorism Unit in the Jeffersontown, Kentucky, in which a White general’’. In court filings, prosecutors de- Office of Intelligence and Analysis of the De- man allegedly murdered 2 African Americans scribed Lieutenant Hasson as a ‘‘domestic partment of Homeland Security, which shall at a grocery store after first attempting to terrorist’’ who in an email ‘‘identified him- be responsible for monitoring and analyzing enter a church with a predominantly Afri- self as a White Nationalist for over 30 years domestic terrorism activity. can-American congregation during a service; and advocated for ‘focused violence’ in order (2) DOMESTIC TERRORISM OFFICE.—There is (K) the October 27, 2018, mass shooting at to establish a white homeland.’’. authorized a Domestic Terrorism Office in the Tree of Life Synagogue in Pittsburgh, (7) On November 3rd, 2019 a 24 year old man the Counterterrorism Section of the Na- Pennsylvania, in which a White nationalist who authorities say was among masked tional Security Division of the Department allegedly shot and killed 11 members of the Antifa supporters attacking conservatives at of Justice— congregation; a June Demonstration in Portland, Oregon, (A) which shall be responsible for inves- (L) the April 27, 2019, shooting at the was sentenced Friday to nearly six years in tigating and prosecuting incidents of domes- Chabad of Poway synagogue in California, in prison in connection with brutal assault. tic terrorism; and which a man yelling anti-Semitic slurs alleg- Gage Halupowski pleaded guilty to second- (B) which shall be headed by the Domestic edly killed a member of the congregation degree assault after authorities accused him Terrorism Counsel. and wounded 3 others; of using a weapon against a conservative (3) DOMESTIC TERRORISM SECTION OF THE (M) the August 3, 2019, mass shooting at a demonstrator who suffered blows to the head FBI.—There is authorized a Domestic Ter- Walmart in El Paso, Texas, in which a White that the victim claims left him with a con- rorism Section within the Counterterrorism

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.023 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4585 Division of the Federal Bureau of Investiga- (IV) domestic terrorism-related incidents, to promote information sharing and ensure tion, which shall be responsible for inves- including the number of incidents from each an effective, responsive, and organized joint tigating domestic terrorism activity. classification and subcategory, with a spe- effort to combat domestic terrorism; and (4) STAFFING.—The Secretary, the Attor- cific classification or subcategory for those (2) be co-chaired by— ney General, and the Director shall each en- related to White supremacism, the number of (A) the Domestic Terrorism Counsel au- sure that each office authorized under this deaths and injuries resulting from each inci- thorized under subsection (a)(2)(B); section in their respective agencies shall— dent, and a detailed explanation of each inci- (B) a United States Attorney or Assistant (A) have adequate number of employees to dent; United States Attorney; perform the required duties; (V) Federal domestic terrorism-related ar- (C) a member of the National Security Di- (B) have not less than 1 employee dedi- rests, including the number of arrests from vision of the Department of Justice; and cated to ensuring compliance with civil each classification and subcategory, with a (D) a member of the Federal Bureau of In- rights and civil liberties laws and regula- specific classification or subcategory for vestigation. tions; and those related to White supremacism, and a (d) FOCUS ON GREATEST THREATS.—The do- (C) require that all employees undergo an- detailed explanation of each arrest; mestic terrorism offices authorized under nual anti-bias training. (VI) Federal domestic terrorism-related in- paragraphs (1), (2), and (3) of subsection (a) (5) SUNSET.—The offices authorized under dictments, including the number of indict- shall focus their limited resources on the this subsection shall terminate on the date ments from each classification and sub- most significant domestic terrorism threats, that is 10 years after the date of enactment category, with a specific classification or as determined by the number of domestic of this Act. subcategory for those related to White terrorism-related incidents from each cat- (b) JOINT REPORT ON DOMESTIC TER- supremacism, and a detailed explanation of egory and subclassification in the joint re- RORISM.— each indictment; port for the preceding 6 months required (1) BIANNUAL REPORT REQUIRED.—Not later (VII) Federal domestic terrorism-related under subsection (b). than 180 days after the date of enactment of prosecutions, including the number of inci- SEC. 5. TRAINING TO COMBAT DOMESTIC TER- this Act, and each 6 months thereafter for dents from each classification and sub- RORISM. the 10-year period beginning on the date of category, with a specific classification or (a) REQUIRED TRAINING AND RESOURCES.— enactment of this Act, the Secretary of subcategory for those related to White The Secretary, the Attorney General, and Homeland Security, the Attorney General, supremacism, and a detailed explanation of the Director shall review the anti-terrorism and the Director of the Federal Bureau of In- each prosecution; training and resource programs of their re- vestigation shall submit a joint report au- (VIII) Federal domestic terrorism-related spective agencies that are provided to Fed- thored by the domestic terrorism offices au- convictions, including the number of convic- eral, State, local, and Tribal law enforce- thorized under paragraphs (1), (2), and (3) of tions from each classification and sub- ment agencies, including the State and subsection (a) to— category, with a specific classification or Local Anti-Terrorism Program that is fund- (A) the Committee on the Judiciary, the subcategory for those related to White ed by the Bureau of Justice Assistance of the Committee on Homeland Security and Gov- supremacism, and a detailed explanation of Department of Justice, and ensure that such ernmental Affairs, and the Select Committee each conviction; and programs include training and resources to on Intelligence of the Senate; and (IX) Federal domestic terrorism-related assist State, local, and Tribal law enforce- (B) the Committee on the Judiciary, the weapons recoveries, including the number of ment agencies in understanding, detecting, Committee on Homeland Security, and the each type of weapon and the number of weap- deterring, and investigating acts of domestic Permanent Select Committee on Intelligence ons from each classification and sub- terrorism and White supremacist and neo- of the House of Representatives. category, with a specific classification or Nazi infiltration of law enforcement and cor- (2) CONTENTS.—Each report submitted subcategory for those related to White rections agencies. The domestic-terrorism under paragraph (1) shall include— supremacism; and training shall focus on the most significant (A) an assessment of the domestic ter- (ii) an explanation of each individual case domestic terrorism threats, as determined rorism threat posed by White supremacists that progressed through more than 1 of the by the quantitative analysis in the joint re- and neo-Nazis, including White supremacist stages described under clause (i), including port required under section 4(b). and neo-Nazi infiltration of Federal, State, the specific classification or subcategory for (b) REQUIREMENT.—Any individual who pro- and local law enforcement agencies and the each case. vides domestic terrorism training required uniformed services; and (3) HATE CRIMES.—In compiling a joint re- under this section shall have— (B)(i) in the first report, an analysis of in- port under this subsection, the domestic ter- (1) expertise in domestic terrorism; and cidents or attempted incidents of domestic rorism offices authorized under paragraphs (2) relevant academic, law enforcement, or terrorism that have occurred in the United (1), (2), and (3) of subsection (a) shall, in con- other community-based experience in mat- States since April 19, 1995, including any sultation with the Civil Rights Division of ters related to domestic terrorism. White-supremacist-related incidents or at- the Department of Justice and the Civil (c) REPORT.— tempted incidents; and Rights Unit of the Federal Bureau of Inves- (1) IN GENERAL.—Not later than 6 months (ii) in each subsequent report, an analysis tigation, review each hate crime incident re- after the date of enactment of this Act and of incidents or attempted incidents of do- ported during the preceding 6 months to de- twice each year thereafter, the Secretary, mestic terrorism that occurred in the United termine whether the incident also con- the Attorney General, and the Director shall States during the preceding 6 months, in- stitutes a domestic terrorism-related inci- each submit a biannual report to the com- cluding any White-supremacist-related incident. mittees of Congress described in section dents or attempted incidents; and (4) CLASSIFICATION AND PUBLIC RELEASE.— 4(b)(1) on the domestic terrorism training (C) a quantitative analysis of domestic ter- Each report submitted under paragraph (1) implemented by their respective agencies rorism for the preceding 6 months, includ- shall be— under this section, which shall include copies ing— (A) unclassified, to the greatest extent pos- of all training materials used and the names (i) the number of— sible, with a classified annex only if nec- and qualifications of the individuals who (I) domestic terrorism related assessments essary; and provide the training. initiated by the Federal Bureau of Investiga- (B) in the case of the unclassified portion (2) CLASSIFICATION AND PUBLIC RELEASE.— tion, including the number of assessments of the report, posted on the public websites Each report submitted under paragraph (1) from each classification and subcategory, of the Department of Homeland Security, shall be— with a specific classification or subcategory the Department of Justice, and the Federal (A) unclassified, to the greatest extent pos- for those related to White supremacism; Bureau of Investigation. sible, with a classified annex only if nec- (II) domestic terrorism-related preliminary (5) NONDUPLICATION.—If two or more provi- essary; and investigations initiated by the Federal Bu- sions of this subsection or any other law im- (B) in the case of the unclassified portion reau of Investigation, including the number pose requirements on an agency to report or of each report, posted on the public website of preliminary investigations from each clas- analyze information on domestic terrorism of the Department of Homeland Security, sification and subcategory, with a specific that are substantially similar, the agency the Department of Justice, and the Federal classification or subcategory for those re- shall construe such provisions as mutually Bureau of Investigation. lated to White supremacism, and how many supplemental, so as to provide for the most SEC. 6. INTERAGENCY TASK FORCE. preliminary investigations resulted from as- extensive reporting or analysis, and shall (a) IN GENERAL.—Not later than 180 days sessments; comply with each such requirement as fully after the date of enactment of this Act, the (III) domestic terrorism-related full inves- as possible. Attorney General, the Director, the Sec- tigations initiated by the Federal Bureau of (c) DOMESTIC TERRORISM EXECUTIVE COM- retary, and the Secretary of Defense shall es- Investigation, including the number of full MITTEE.—There is authorized a Domestic tablish an interagency task force to analyze investigations from each classification and Terrorism Executive Committee, which and combat White supremacist and neo-Nazi subcategory, with a specific classification or shall— infiltration of the uniformed services and subcategory for those related to White (1) meet on a regular basis, and not less Federal law enforcement agencies. supremacism, and how many full investiga- regularly than 4 times each year, to coordi- (b) REPORT.— tions resulted from preliminary investiga- nate with United States Attorneys and other (1) IN GENERAL.—Not later than 1 year after tions and assessments; key public safety officials across the country the interagency task force is established

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.023 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4586 CONGRESSIONAL RECORD — HOUSE September 21, 2020 under subsection (a), the Attorney General, There was no objection. In the last decade, places of worship, the Director, the Secretary, and the Sec- Ms. JACKSON LEE. Mr. Speaker, I a Sikh temple in Milwaukee, the retary of Defense shall submit a joint report yield myself such time as I may con- Emanuel African Methodist Episcopal on the findings of the task force and the resume. Church, Mother Emanuel, where the sponse of the Attorney General, the Direc- First, I certainly want to thank all of tor, the Secretary, and the Secretary of De- victims who remained alive actually fense to such findings, to— the sponsors of this bill, and I thank forgave the perpetrator who came and (A) the Committee on the Judiciary of the Mr. SCHNEIDER for all of the important sat down and prayed; sat among people Senate; work that has been done on this legis- who were praying, who welcomed him. (B) the Committee on Homeland Security lation. They lost a distinguished pastor and and Governmental Affairs of the Senate; With the consideration of H.R. 5602, people who were so kind. People could (C) the Select Committee on Intelligence the Domestic Terrorism Prevention not understand why they lost their of the Senate; Act, the House takes affirmative steps lives. Thousands came to the memo- (D) the Committee on Armed Services of in this time to address the rising men- the Senate; rial, and, of course, our President at (E) the Committee on the Judiciary of the ace of domestic terrorism and white su- that time, President Obama. That is House of Representatives; premacy. how painful it was for this Nation. (F) the Committee on Homeland Security This bill creates three offices, one Then, of course, Pittsburgh’s Tree of of the House of Representatives; each within the Department of Home- Life synagogue. I visited Pittsburgh, (G) the Permanent Select Committee on land Security, the Department of Jus- Pennsylvania, and met individuals who Intelligence of the House of Representatives; tice, and the Federal Bureau of Inves- had been impacted by this horrific and tigation to monitor, investigate, and tragedy. In the midst of Rosh Hasha- (H) the Committee on Armed Services of prosecute cases of domestic terrorism. nah, to our friends who are in the the House of Representatives. These newly created offices would (2) CLASSIFICATION AND PUBLIC RELEASE.— midst of their holiday, it is more than The report submitted under paragraph (1) focus their resources based on data col- fitting that we acknowledge how do- shall be— lected on the most significant threats mestic terrorism can divide so many (A) submitted in unclassified form, to the with specific emphasis on white su- communities, so many innocent com- greatest extent possible, with a classified premacist terrorism. Additionally, pur- munities, whether they happen to be of annex only if necessary; and suant to this bill, DOJ and DHS would a particular faith, a particular eth- (B) in the case of the unclassified portion issue joint biennial reports to Congress nicity, or a particular status. of the report, posted on the public website of assessing the state of domestic ter- We have seen all of this become trag- the Department of Defense, the Department rorism threats. of Homeland Security, the Department of ic symbols of deadly threats a white Justice, and the Federal Bureau of Investiga- Let me say, Mr. Speaker, that this supremacist poses even to the faith tion. legislation is not based on a whim. It is community. SEC. 7. DEPARTMENT OF JUSTICE SUPPORT FOR not based on someone’s taste or dis- Just last Thursday in a committee HATE CRIME INCIDENTS WITH A taste; likes or dislikes. This is based on that I participated in, FBI Director NEXUS TO DOMESTIC TERRORISM. facts. And as we continue to view the Christopher Wray—the Homeland Secu- (a) COMMUNITY RELATIONS SERVICE.—The modeling of domestic terrorism, we rity Committee—once again stated Community Relations Service of the Depart- will begin to continue to respond to it ment of Justice, authorized under section that white supremacists constitute the 1001(a) of the Civil Rights Act of 1964 (42 legislatively. But now we have a solid largest portion of racially motivated U.S.C. 2000g), may offer the support of the base of information dealing with the violent extremists. Service to communities where the Depart- issues of growing white supremacy. In the same vein, before the House ment of Justice has brought charges in a The creation of these offices and con- Homeland Security Committee, Direc- hate crime incident that has a nexus to do- gressional reporting are much-needed tor Wray testified that antigovernment mestic terrorism. measures to refocus the Federal Gov- and antiauthority groups have been re- (b) FEDERAL BUREAU OF INVESTIGATION.— ernment’s domestic terrorism efforts sponsible for the most lethal attacks Section 249 of title 18, United States Code, is on the greatest threat to the American amended by adding at the end the following: this year. We know that. So we want to ‘‘(e) FEDERAL BUREAU OF INVESTIGATION.— people: white supremacy and white na- be sure that we are protecting the The Attorney General, acting through the tionalism. American people. Director of the Federal Bureau of Investiga- In April of last year, the Judiciary None of us adhere to extremism or vi- tion, shall assign a special agent or hate Committee held a hearing titled: ‘‘Hate olence. We understand peaceful pro- crimes liaison to each field office of the Fed- Crimes and the Rise of White Nation- tests, but we stand for the principles of eral Bureau of Investigation to investigate alism.’’ Sadly, since then there have democracy of this Nation that has kept hate crimes incidents with a nexus to domes- been countless domestic terrorism at- us a democracy for all of these many tic terrorism (as such term is defined in sec- tacks. tion 3 of the Domestic Terrorism Prevention years. Act of 2020).’’. The shooting spree at a Walmart in Just a few weeks ago our Nation was SEC. 8. AUTHORIZATION OF APPROPRIATIONS. El Paso, Texas, in August of 2019 was reminded how dangerous violent extre- There are authorized to be appropriated to the deadliest attack in modern times mism can be. A rightwing militia the Department of Justice, the Federal Bu- against the Latino community in the boasting 3,000 members promoted an reau of Investigation, the Department of United States and the third deadliest event on Facebook calling for patriots Homeland Security, and the Department of act of violence by domestic terrorism willing to take up arms and travel to Defense such sums as may be necessary to extremists in more than 50 years. Kenosha, Wisconsin, to confront pro- carry out this Act. I joined my colleagues who rep- testers. The SPEAKER pro tempore. Pursu- resented that area, and the pain that Tragically, hours later, a 17-year-old ant to the rule, the gentlewoman from they experienced was without compari- youth heeded the call, traveled across Texas (Ms. JACKSON LEE) and the gen- son. I went to a funeral. I went to the State lines, and is alleged to have mur- tleman from North Dakota (Mr. ARM- memorial. I went to where the place dered two protesters and injured a STRONG) each will control 20 minutes. was that had been set up as a tem- third. He has yet to be brought to jus- The Chair recognizes the gentle- porary place of honor. The pain was un- tice because he is still waiting on an woman from Texas. ceasing in that community. And just a extradition procedure. GENERAL LEAVE few months ago, they had to com- Yet, local police allowed this young Ms. JACKSON LEE. Mr. Speaker, I memorate the bitterness of 1 year. man to safely pass through their lines ask unanimous consent that all Mem- I also went to the hospital and vis- and go home, despite the fact that by- bers have 5 legislative days in which to ited individuals who had put them- standers had identified him as the revise and extend their remarks and in- selves in the line of fire to protect oth- shooter. That was one incident. clude extraneous material on the bill ers. I think since that time one person, We have seen law enforcement take under consideration. in particular, has passed away. up the issues of protecting our neigh- The SPEAKER pro tempore. Is there This was a painful experience, and I bors across the Nation and in those in- objection to the request of the gentle- can imagine that it will be painful for stances, of course, we recognize good woman from Texas? a very long time. policing and we thank them for it.

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.023 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4587 The tragic events in Kenosha are yet violence a myth and imaginary. In- RMVEs were the primary source of another example of how rightwing mi- stead of addressing violent leftwing ex- ideologically motivated lethal inci- litia groups continue to pose a present tremism head-on, my colleagues across dents and violence in 2018 and 2019. threat. Indeed, over the last decade, the aisle only want to use this bill for From the Tree of Life synagogue to rightwing extremists have been respon- political purposes. They are not inter- Walmart in El Paso, Texas, we have all sible for 76 percent of all domestic ex- ested in passing legislation that would tragically seen the deadly effect. tremist-related murders. The time for make any real difference in rooting out According to the Southern Poverty Congress to act is now. violence in our communities. Law Center, the number of white na- The key elements of the Domestic Democrats are unable to call out the tionalist groups rose by 55 percent Terrorism Prevention Act seek to ad- violent anarchists who are burning since 2017. Last November, the FBI redress fundamental deficiencies high- down cities all around the country. In- ported violent hate crimes reached a lighted at the April 2019 Judiciary stead, they seem to want to paint a 16-year high in 2018, and that number Committee hearing in the Federal Gov- picture that ties only conservatives to went up in 2019. ernment’s response to domestic ter- domestic terrorism. Not only is this Groups like the boogaloos, Rise rorism and specifically white suprem- bill blatantly political on its face, but Above Movement, and white nationalist militias across the country are or- acy. it increases our already bloated bu- ganizing, and so must we. Therefore, Let me be very clear. We want a com- reaucracy by adding three new sepa- we need to equip our law enforcement prehensive response to terrorism. We rate offices to do the exact same thing. officials, the FBI, and the Departments want to rely upon our intelligence That is the very definition of duplica- of Justice and Homeland Security with communities as it relates to inter- tion and government waste. the tools necessary to identify, mon- We already have dedicated law en- national terrorism. itor, and prevent acts of violent ter- forcement who fight domestic ter- b 1500 rorism. rorism every day, and we should recog- The bill before us today does just We have done so because I have been nize them, commend them, and let on the Homeland Security Committee that. It establishes offices within the them do their jobs. Unfortunately, my FBI, the Department of Justice, and for a very long time and, as well, have colleagues across the aisle likely will seen the work of the Judiciary Com- the Department of Homeland Security not do that either. and empowers them to coordinate their mittee. But we must be comprehensive Democrats must end the partisan efforts with each other. It requires in looking at terrorism; we must be re- charades. Democrats must stop ignor- them to report to Congress twice a sponsive; and we must secure and make ing the leftwing violence and crime year on the assessment of the threats, sure the American people are safe. that has taken over American cities. ranking them and allocating the re- Currently, the Federal Government Instead of this biased approach in this sources based on their assessed threats. has a number of statutory authorities bill, we should pass legislation that Congress must, with a single voice, to bring charges against domestic ter- roots out all kinds of domestic ter- definitively state that if you or your rorists, including those who are white rorism, not just the type that is politi- group is plotting violence or taking supremacists. Yet, it is clear that the cally convenient for Democrats. weapons—be they guns or knives or Department of Justice has not initi- Mr. Speaker, I urge my colleagues to otherwise—into a crowd to intimidate ated a sufficient number of these pros- join me in opposing H.R. 5602, and I re- or coerce others to further your ideo- ecutions. H.R. 5602 creates offices with- serve the balance of my time. logical goals, you are a terrorist and in the DOJ and DHS aimed at pooling Ms. JACKSON LEE. Mr. Speaker, will be treated as such. the resources from all parts of each re- just one point that I want to make as This is not a partisan issue but one spective Department to focus them on I yield to the author and leader on this that affects all Americans’ personal the greatest threat of white suprem- bill is that we are continuously fight- and economic security. This bill passed acy. ing a known, recognized domestic ter- out of committee with bipartisan sup- The reporting elements of this bill rorism. This vital bill will provide the port overwhelmingly, 24–2. aim to keep Congress better informed reporting for a roadmap to do the right Mr. Speaker, I urge all of my col- of the domestic terrorism threats pre- thing. That is what the Federal Gov- leagues to vote ‘‘yes.’’ This bill will sented so that Congress can more read- ernment is challenged and charged to make a real difference. Again, I thank ily assess what resources and authori- do. the chairman and the Speaker for ties are necessary to protect the coun- Mr. Speaker, I yield 3 minutes to the bringing my bill to the House today. try against domestic terrorist activi- distinguished gentleman from Illinois Ms. JACKSON LEE. Mr. Speaker, I ties. (Mr. SCHNEIDER). Congressman SCHNEI- reserve the balance of my time. I am well aware of the work that was DER is a member of the Judiciary Com- Mr. ARMSTRONG. Mr. Speaker, I done in the last administration of try- mittee and is the author of this legisla- yield such time as he may consume to ing to neutralize the idea of tion. the gentleman from Ohio (Mr. JORDAN), radicalizing individuals who were deal- Mr. SCHNEIDER. Mr. Speaker, I the ranking member of the Judiciary ing with ISIS, al-Qaida, and others. Un- thank my friend, the gentlewoman Committee. Mr. JORDAN. Mr. Speaker, I thank fortunately, even that has been taken from Texas, for yielding. away from the work that we have been the gentleman for yielding. Mr. Speaker, I am proud to rise in Mr. Speaker, Republicans denounce doing. This may be a time that that support of my bill, H.R. 5602, the Do- all violent extremism. Why won’t the work begins to rise up as it relates to mestic Terrorism Prevention Act of Democrats? white supremacy and white nation- 2020. Weeks ago in the committee, the At- alism. White supremacists and other far- torney General of the United States This legislation is a necessary and right extremists are the most signifi- asked the chairman of the Judiciary measured response to the real threats cant domestic terrorism threat facing Committee, asked the Democrats, why this country faces. the United States. Don’t take my word won’t you speak out against the mob? Mr. Speaker, I urge all of my col- for it. Making that point last week in Why won’t you speak out against the leagues to support this legislation, and testimony to the House Homeland Se- violence that is taking place in our I reserve the balance of my time. curity Committee, FBI Director Chris- great cities all across the country this Mr. ARMSTRONG. Mr. Speaker, I topher Wray stated that domestic vio- past summer? yield myself such time as I may con- lence extremists, DVEs, ‘‘pose a steady Guess what he got. Total, total si- sume. and evolving threat of violence and lence. Mr. Speaker, at a time when violent economic harm to the United States.’’ We have a bill on domestic terrorism, extremists are destroying cities na- He notes in his next paragraph: ‘‘The but a bill that barely mentions Antifa, tionwide, our Democratic colleagues top threat we face from domestic vio- one reference. here in the House continue to ignore lent extremists stems from those we Mr. Speaker, do you know why the this violence. The chairman of the Ju- identify as racially/ethnically moti- one reference is in there? Because Re- diciary Committee even called Antifa vated violent extremists (RMVE).’’ publicans on the committee, through

VerDate Sep 11 2014 06:58 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.062 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4588 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Mr. STEUBE, offered an amendment in we had a hearing on the question of do- how this occurs show us where their the committee. mestic terrorism. I think we found priorities are. The priorities are polit- Not mentioned in the bill are two some, if you will, collegiality in recog- ical because we could have added all of things that have happened in the last nizing that white supremacy and white these things. 30 days. The cold-blooded murder of a nationalism were the greatest threat I find it interesting and odd on the Trump supporter by an Antifa member to domestic security. same day that we are talking about was not mentioned in the resolution I remember in this legislation the due process, rights to effective assist- and is not mentioned in the bill. Not generosity of Mr. SCHNEIDER and my ance of counsel, justice for juveniles, mentioned in the bill is the assassina- commitment when the committee and all the election integrity and vot- tion attempt on two police officers sit- added Mr. STEUBE’s—a Republican’s— ing, we don’t condemn the burning ting in their patrol car just 2 weeks amendment at markup that included down of the post office in Minneapolis. ago. findings that addressed We don’t talk about these other things, Let’s condemn all violent extremism. antigovernment actors and violence but we will make sure we mention a ju- Maybe they won’t do that because, as against police. We passed that in a bi- venile offender in Kenosha prior to any my good friend from North Dakota partisan way. I want to remind my col- of his court hearings being held. said, the chairman of the House Judici- leagues that the legislation itself was We can talk about delaying justice ary Committee, the committee with passed in a bipartisan manner. and the administration of justice, but that storied history of defending the We have seen what happens when we that is not how it reads in the bill, and rule of law, maybe because that indi- undermine coordination. We see what that is not how it was spoken to on the vidual said that Antifa is imaginary happens when the pandemic office was floor. and that Antifa is a myth. dismissed out of the White House that Mr. Speaker, if we are going to do Ask Andy Ngo that, Mr. Speaker. was coordinating with agencies on this, all I ask is that we are consistent. Ask the journalist who was attacked COVID–19 or other pandemics. We see The gentlewoman can stand here and by Antifa a year ago. Ask the people in the confusion that we have. say that we condemn all forms of vio- Portland, Oregon. For over 100 days, This legislation is simply trying to lence, but only one made it into the their city has been under siege. There make sure that our very fine public bill after committee. That is because it has been a siege on the Federal court servants who are fighting domestic ter- fits a particular political narrative, building there by Antifa, but one ref- rorism are fighting it with the best in- and we have no interest in actually erence only in their legislation, and formational tools they can get. rooting out domestic terrorism wher- that is only there because Mr. STEUBE How do they do that? With this very ever it exists. We want to make sure it offered the amendment in committee. fine legislation that allows us to be fits a particular narrative. That is For over 100 days, this organization able to get the right kind of data. what this bill is about, and that is why has been targeting the business owners, I want to just indicate a lot of things we should oppose it. the people, and the residents in Port- have been happening. I have watched Mr. Speaker, I yield back the balance land, Oregon, and in other cities peaceful protesters be subjected to vio- of my time. around our country. Democrats can lence. My heart goes out. Those are b 1515 someone’s children; they are young call what has been happening to our Ms. JACKSON LEE. Mr. Speaker, I people; and they have a right to be pro- cities all summer peaceful protests, yield myself such time as I may con- testing. They have a right, as our dear but calling rioting, looting, and arson sume. peaceful protests doesn’t make it so. beloved colleague has always said, to I thank the gentleman for his com- Let’s condemn all of it. We should speak up. John Robert Lewis always mentary, but I am going to rise and speak out against all domestic ter- said to speak up and get into good ask my colleagues to support this leg- rorism. We should denounce the vio- trouble to make this Nation better. islation in a bipartisan manner. lence—the rioting, the looting, and the I have not heard any Member of this As indicated—I would correct my arson—that is taking place in our cit- body not condemn, in the strongest friend’s interpretation—Mr. STEUBE’s ies. We should not have another polit- terms, the shooting of Los Angeles dep- amendment was added in the markup ical messaging bill, which is exactly uties and are pleased to hear that they and the findings at that time addressed what this is. are recovering. antigovernment actors and violence Ms. JACKSON LEE. Mr. Speaker, I would just indicate that we need to against police. We made it very clear, would you share the time remaining, adhere to what is right. This legisla- and it was bipartisan, that we condemn please. tion is laying us on a pathway of get- violence of any kind. The SPEAKER pro tempore. The gen- ting facts and information so that we But what I would say as well is that tlewoman from Texas has 8 minutes re- can do what is right to secure the the simple addition as it relates to Ke- maining. The gentleman from North American people. nosha was in sharp contrast to the vis- Dakota has 16 minutes remaining. Mr. Speaker, I have no further speak- ual, the video, of a direct skin contact Ms. JACKSON LEE. Mr. Speaker, I ers, and I reserve the balance of my shooting of an individual whose back yield myself such time as I may con- time. was turned, and then the call across sume. Mr. ARMSTRONG. Mr. Speaker, I the Nation for white supremacists and Mr. Speaker, let me thank my good was in the committee when we did this white nationalists to come and defend. friend from Ohio for bringing to our at- and when we accepted Republican Defend what? tention something that I think is very amendments and garnered some sup- There was law enforcement there. I important. Then, it allows me to say port from people on my side of the aisle think the governor had even asked for that I don’t know one single person in in committee. I have no doubt that my the Wisconsin National Guard to safe- this body who condones violent pro- friends on the other side of the aisle guard everyone. tests. I have not run into anyone in the condemn all kinds of violence, but But here was someone that came—a Judiciary Committee, and I have not somewhere between committee and teenager. I am grateful that he re- seen anyone on the floor on either side here things got added to the bill. mained alive; grateful. But he walked of the aisle. That is why this legisla- Mr. Speaker, do you know what with guns, and is alleged to have tion is so crucial because it generated didn’t get added? Not one mention of killed, harmed, three people at least, bipartisan support on the work that the horrific attack against two police never was confronted by officers, of the Congress should do. officers shot at pointblank range in course, to our knowledge, and got What is it that the Congress should their patrol car. The bill did not men- home to sleep in his bed. do? Find a way for our agencies to tion the murder of a Trump supporter On the other hand, Jacob Blake, work together. in Portland. But we did manage to whose father I met, wound up in ICU, In the Judiciary Committee, we had mention the juvenile from Kenosha. wound up paralyzed, a victim in the a hearing with the Attorney General So, while the gentlewoman says she Kenosha shootings. on the question of domestic terrorism. supports a certain thing or nobody con- And so it is crucial that we get the In the Homeland Security Committee, dones certain things, their actions on facts of what this legislation wants to

VerDate Sep 11 2014 05:15 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.064 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4589 do, and that we don’t get a young man tilation Act of 2020’’ or the ‘‘STOP FGM Act ‘‘(2) the defendant used a means, channel, from Illinois versus another young man of 2020’’. facility, or instrumentality of interstate or from Ohio, who was 12 years old— SEC. 2. CONGRESSIONAL FINDINGS AND PUR- foreign commerce in furtherance of or in Tamir Rice—who didn’t get to go POSE. connection with the conduct described in subsection (a); home. We want to make sure that we The Congress finds the following: (1) Female genital mutilation is recognized ‘‘(3) any payment of any kind was made, have fairness. internationally as a human rights violation directly or indirectly, in furtherance of or in Mr. Speaker, as I said, I am very con- and a form of child abuse, gender discrimina- connection with the conduct described in cerned about the shootings of these in- tion, and violence against women and girls. subsection (a) using any means, channel, fa- dividuals, the Los Angeles deputies. We Female genital mutilation is a global prob- cility, or instrumentality of interstate or don’t know the motives of the assail- lem whose eradication requires international foreign commerce or in or affecting inter- ants. It remains unknown. But we con- cooperation and enforcement at the national state or foreign commerce; tinue to seek justice for them, and we level. The United States should demonstrate ‘‘(4) the defendant transmitted in inter- want to make sure that the threat of its commitment to the rights of women and state or foreign commerce any communication relating to or in furtherance of the con- white supremacists and domestic ter- girls by leading the way in the international community in banning this abhorrent prac- duct described in subsection (a) using any rorism is known. tice. means, channel, facility, or instrumentality Mr. Speaker, this bill directs that di- (2) Congress has previously prohibited the of interstate or foreign commerce or in or af- rectly and I think it will provide for a commission of female genital mutilation on fecting interstate or foreign commerce by very important tool for our law en- minors. Female genital mutilation is a hei- any means or in manner, including by com- forcement—unbiased—without any ef- nous practice that often inflicts excruciating puter, mail, wire, or electromagnetic trans- fort to try and stigmatize anyone. pain on its victims and causes them to suffer mission; Mr. Speaker, in closing, domestic grave physical and psychological harm. ‘‘(5) any instrument, item, substance, or terrorism is a serious threat to our (3) Congress has the power under article I, other object that has traveled in interstate or foreign commerce was used to perform the country. We must take real action to section 8 of the Constitution to make all laws which shall be necessary and proper for conduct described in subsection (a); address the rise of hate crimes and carrying into execution treaties entered into ‘‘(6) the conduct described in subsection (a) white supremacy. This legislation by the United States. occurred within the special maritime and would address the rising tide of white (4) Congress also has the power under the territorial jurisdiction of the United States, supremacy without impinging on con- Commerce Clause to prohibit female genital or any territory or possession of the United stitutional rights. mutilation. An international market for the States; or It reflects a careful balance between practice exists, and persons who perform fe- ‘‘(7) the conduct described in subsection (a) empowering the investigatory agencies male genital mutilation in other countries otherwise occurred in or affected interstate of the Federal Government to curb typically earn a living from doing so. or foreign commerce. hateful and dangerous incidents of do- (5) Those who perform this conduct often ‘‘(e) For purposes of this section, the term rely on a connection to interstate or foreign mestic terrorism and protecting the ‘female genital mutilation’ means any proce- commerce, such as interstate or foreign trav- dure performed for non-medical reasons that rights of free speech and assembly. el, the transmission or receipt of commu- involves partial or total removal of, or other Mr. Speaker, I thank Representative nications in interstate or foreign commerce, injury to, the external female genitalia, and BRAD SCHNEIDER for his leadership and the use of instruments traded in interstate includes— his diligent work on this important or foreign commerce, or payments of any ‘‘(1) a clitoridectomy or the partial or total legislation during this Congress. We kind in furtherance of this conduct. removal of the clitoris or the prepuce or clit- will be better for the passage of this (6) Amending the statute to specify a link oral hood; legislation. The Nation will be better. to interstate or foreign commerce would ‘‘(2) excision or the partial or total re- confirm that Congress has the affirmative moval (with or without excision of the clit- It is critical that we adopt this bill. power to prohibit this conduct. Mr. Speaker, I ask my colleagues to oris) of the labia minora or the labia majora, support this bipartisan legislation, SEC. 3. AMENDMENTS TO CURRENT LAW ON FE- or both; MALE GENITAL MUTILATION. ‘‘(3) infibulation or the narrowing of the passed out of the Committee on the Ju- Section 116 of title 18, United States Code, vaginal opening (with or without excision of diciary in a bipartisan vote, and I yield is amended— the clitoris); or back the balance of my time. (1) by amending subsection (a) to read as ‘‘(4) other procedures that are harmful to The SPEAKER pro tempore. The follows: the external female genitalia, including question is on the motion offered by ‘‘(a) Except as provided in subsection (b), pricking, incising, scraping, or cauterizing the gentlewoman from Texas (Ms. whoever, in any circumstance described in the genital area.’’. subsection (d), knowingly— JACKSON LEE) that the House suspend SEC. 4. REPORT. the rules and pass the bill, H.R. 5602, as ‘‘(1) performs, attempts to perform, or conspires to perform female genital mutilation Not later than one year after the date of amended. on another person who has not attained the the enactment of this Act, and annually The question was taken; and (two- age of 18 years; thereafter, the Attorney General, in con- thirds being in the affirmative) the ‘‘(2) being the parent, guardian, or care- sultation with the Secretary of Homeland rules were suspended and the bill, as taker of a person who has not attained the Security, the Secretary of State, the Sec- amended, was passed. age of 18 years facilitates or consents to the retary of Health and Human Services, and A motion to reconsider was laid on female genital mutilation of such person; or the Secretary of Education, shall submit to the table. ‘‘(3) transports a person who has not at- Congress a report that includes— tained the age of 18 years for the purpose of (1) an estimate of the number of women f the performance of female genital mutila- and girls in the United States at risk of or STRENGTHENING THE OPPOSITION tion on such person, who have been subjected to female genital TO FEMALE GENITAL MUTILA- shall be fined under this title, imprisoned mutilation; TION ACT OF 2020 not more than 10 years, or both.’’; (2) the protections available and actions (2) by amending subsection (c) to read as taken, if any, by Federal, State, and local Ms. JACKSON LEE. Mr. Speaker, I follows: agencies to protect such women and girls; move to suspend the rules and pass the ‘‘(c) It shall not be a defense to a prosecu- and bill (H.R. 6100) to amend title 18, tion under this section that female genital (3) the actions taken by Federal agencies United States Code, to clarify the mutilation is required as a matter of reli- to educate and assist communities and key criminalization of female genital muti- gion, custom, tradition, ritual, or standard stakeholders about female genital mutila- lation, and for other purposes, as practice.’’; tion. (3) by striking subsection (d); and amended. SEC. 5. SENSE OF THE CONGRESS. The Clerk read the title of the bill. (4) by adding at the end the following: ‘‘(d) For the purposes of subsection (a), the It is the sense of the Congress that the The text of the bill is as follows: circumstances described in this subsection United States District Court for the Eastern H.R. 6100 are that— District of Michigan erred in invalidating Be it enacted by the Senate and House of Rep- ‘‘(1) the defendant or victim traveled in the prior version of such section 116 (See resentatives of the United States of America in interstate or foreign commerce, or traveled United States v. Nagarwala, 350 F. Supp. 3d Congress assembled, using a means, channel, facility, or instru- 613, 631 (E.D. Mich. 2018)). The commercial SECTION 1. SHORT TITLE. mentality of interstate or foreign commerce, nature of female genital mutilation (herein- This Act may be cited as the ‘‘Strength- in furtherance of or in connection with the after in this section referred to as ‘‘FGM’’) is ening the Opposition to Female Genital Mu- conduct described in subsection (a); ‘‘self-evident,’’ meaning that the ‘‘absence of

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.066 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4590 CONGRESSIONAL RECORD — HOUSE September 21, 2020 particularized findings’’ about the commer- for a violation of the statute from 5 [From CNN Health, May 11, 2017] cial nature of FGM in the predecessor stat- years to 10 years, though these are not 3 US WOMEN SHARE THE HORRORS OF FEMALE ute did not ‘‘call into question Congress’s au- mandatory minimums. GENITAL MUTILATION thority to legislate’’ (Gonzales v. Raich, 545 The bill is necessary because a dis- (By Sonia Moghe) U.S. 1, 21 (2005)). Nevertheless, the Congress has elected to amend the FGM statute to trict court in Michigan recently dis- EAST LANSING, MICHIGAN (CNN)—Rahel clarify the commercial nature of the conduct missed the first Federal prosecution Musa Aron was just 7 days old when the el- that this statute regulates. But, by doing so, under the existing FGM statute, find- ders of her community in the African nation Congress does not hereby ratify the district ing that the acts prohibited did not of Eritrea performed a centuries-old ritual court’s erroneous interpretation in have a significant nexus to interstate on her tiny body, cutting off her clitoris and Nagarwala. burying it. commerce. We had to engage in fixing Nearly six decades later, the Christian SEC. 6. DETERMINATION OF BUDGETARY EF- this issue. church leader and mother of three daughters FECTS. Mr. Speaker, H.R. 6100 addresses this The budgetary effects of this Act, for the sits at home in this Midwestern city and purpose of complying with the Statutory issue by explicitly requiring that one wonders. Pay-As-You-Go Act of 2010, shall be deter- or more of the following circumstances What would the small sliver of skin have mined by reference to the latest statement must exist. The defendant or victim’s meant for her life? Would childbirth have titled ‘‘Budgetary Effects of PAYGO Legisla- travel in interstate or foreign com- been different? Has she been missing out on tion’’ for this Act, submitted for printing in merce, the defendant’s use of a means a deeper level of intimacy with her husband of 40 years? the Congressional Record by the Chairman of of interstate or foreign commerce, pay- the House Budget Committee, provided that ‘‘I’m sure that it has affected my feeling,’’ ment of any kind made using any Aron, 58, told CNN. ‘‘If it was not cut, maybe such statement has been submitted prior to means, channel, facility or instrumen- the vote on passage. I would have enjoyed whatever I would have tality of interstate or foreign com- enjoyed. It’s a very sensitive area. So if The SPEAKER pro tempore. Pursu- merce, and the defendant’s use of a that’s cut, imagine—imagine what I miss.’’ ant to the rule, the gentlewoman from means of communication affecting Often discussed in whispers, the issue of fe- Texas (Ms. JACKSON LEE) and the gen- interstate or foreign commerce. We are male genital mutilation grabbed headlines tleman from North Dakota (Mr. ARM- therefore confident that this updated last month when, for the first time, US prosecutors used a decades-old law that bans the STRONG) each will control 20 minutes. prohibition will pass constitutional The Chair recognizes the gentle- practice to charge two Detroit-area doctors muster and it is critical that we take woman from Texas. and a medical office manager in a case in- these steps to update this statute. volving two 7-year-old girls. Now, several GENERAL LEAVE Mr. Speaker, the one thing I will say women in the United States who endured the Ms. JACKSON LEE. Mr. Speaker, I is, we cannot let what is a technical, procedure when they were young are sharing ask unanimous consent that all Mem- legal act by the court to continue to their stories—all with elements that mirror bers have 5 legislative days to revise provide no protection for young, inno- the Michigan case—in hopes of ending it for and extend their remarks and include cent victims. In the United States, ap- good. extraneous material on the bill under When her own daughters were born, Aron proximately 500,000 women and girls decided the custom endured by her mother consideration. were at risk for FGM or its con- The SPEAKER pro tempore. Is there and her grandmother would die with her. sequences, and more than 3 million objection to the request of the gentle- ‘‘What I believe is, if (the clitoris) wasn’t girls are estimated to be at risk for necessary, God wouldn’t have put it there,’’ woman from Texas? said Aron, a deaconess at St. Luke Lutheran There was no objection. FGM annually, worldwide. The U.S. Government has acknowl- in Lansing, Michigan. ‘‘If it was not impor- Ms. JACKSON LEE. Mr. Speaker, I tant, it would have not been there. It’s part yield myself such time as I may con- edged the international implications of FGM. For instance, in 2018 U.S. Immi- of our body. It is there for a reason.’’ sume. Aron’s scars aren’t as severe as those borne Mr. Speaker, this bill is a long time gration and Customs Enforcement ini- by many of the 200 million women and girls in coming. And I extend a general tiated Operation Limelight USA, an around the globe—nearly a quarter of them thank you for all of the legislative bills outreach program designed by ICE’s younger than 15—who have undergone the on the Committee of the Judiciary that Homeland Security Investigations practice, dubbed FGM or, to some survivors have come before us today, and the Human Rights Violators and War who dislike that phrase, female ritual cut- Crimes Unit, and I thank them for ting. staff, and the excellent work they have The procedure, in which genital organs are done. And let me particularly thank their work to educate travelers on the dangers and consequences of FGM. altered or injured for non-medical reasons to the Subcommittee on Crime for the suppress sexuality, long has been deemed a great work they have done on this leg- Yes, it is being done here in the human rights violation. It’s practiced at all islation, strengthening the opposition United States, in pockets around the educational levels and social classes and to Female Genital Mutilation Act, or Nation, where these women are muti- among people of many faiths, including Mus- STOP FGM Act, to amend current law lated for life. These girls, at a very lims and Christians, though no religious text to ensure that the horrific practice of young age, are mutilated for life in the calls for it. United States, where we have been dis- Though often undertaken as a cleansing female genital mutilation is Federally custom, experts roundly agree it has no med- prohibited consistent with constitu- cussing on this floor your due process, the sanctity of your own body, your ical benefits—and carries myriad health tional restraints. risks, from childbirth and menstrual com- Let me indicate that we have been privacy rights under the Ninth Amend- plications to severe infections, post-trau- asked to engage. It is always good to ment. matic stress, even death. know that the Congress can do things In addition, both the FBI and the Still, the practice persists, mostly in Afri- to fix a skewed system that harms in- Human Rights and Special Prosecu- can and Middle Eastern nations—and in the dividuals every single day, and in this tions Section of the Criminal Division United States, where the estimated number of the Department of Justice work do- of girls and women who have undergone it or instance, it is many young people. are at risk has tripled since 1990 to more Mr. Speaker, the bill would ensure mestically to prosecute and investigate cases involving FGM. We want to give than 500,000. The increase reflects rapid that it is a Federal crime to know- growth in immigration from countries where ingly: them the tools that they can use to get FGM is common. One, perform, attempt to perform, or it right. While anti-cutting advocates hail efforts conspire to perform female genital mu- Federal law enforcement agencies ac- to hold offenders accountable, this case also tilation or FGM on a minor; knowledge that FGM is a global issue raises questions about whether the accused— Two, while being a parent, guardian, and they work with international part- all members of the Dawoodi Bohra sect of or caretaker of a minor, facilitate or ners to eliminate this horrific practice. Shia Islam—are being targeted because of consent to the female genital mutila- FGM, therefore, is considered to have a their faith. Meanwhile, some worry that high-profile prosecutions could drive the tion of the minor; or substantial effect on interstate commerce because, although illegal, there practice deeper underground, further endan- Three, transport a minor for the pur- gering the very girls and women the law pose of the performance of female gen- is an established interstate and inter- aims to protect. ital mutilation on the minor. national market for the practice. As the issue has gained attention, Immi- The bill would also increase the stat- I include in the RECORD an article gration and Customs Enforcement and the utory maximum term of imprisonment about female genital mutilation. FBI opened national tip lines where anyone

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.021 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4591 can report their experience or suspicions. able that the first prosecution here looks laxed, with older aunties there, too. She even But as several advocates told CNN, the most like it’s focusing on a particular community laughed. She was the only little girl there. important conversations may be happening of people.’’ ‘‘Then, I remember, I was on the floor and in homes and places of worship, as survivors Haynes doesn’t like when ‘‘my human my dress was pushed in,’’ Taher recalled. ‘‘I share their stories and work to end FGM. rights issues are used for a bigger agenda,’’ remember feeling something sharp and cry- ‘‘This thing,’’ Aron said, ‘‘needs to be she said. ing afterwards. One of the older women gave talked about.’’ Leaders of the Dawoodi Bohra mosque in me a soda. That’s all I remember of it.’’ ‘SPECIAL GIRLS’ TRIP’ Michigan, one of several hubs of the sect in Taher, now 34, said it wasn’t until she was The FBI started looking into the Detroit- the United States, said in a statement that a teenager that she read about FGM in Afri- area case in October, when investigators they offered to help investigators. ca and realized what had happened to her. ‘‘Any violation of US law is counter to in- learned that female genital mutilation was Her scarring was minimal. All the same, she structions to our community members,’’ being performed at the Burhani Medical said, it was a violation. they said. ‘‘It is an important rule of the Clinic. Investigators in February learned ‘‘I honestly had a great childhood, so it’s Dawoodi Bohras that we respect the laws of that two 7-year-old girls from Minnesota really hard for me to talk about this,’’ she the land, wherever we live. This is precisely went to the clinic with their mothers for a said. ‘‘I feel that people paint me as the pic- what we have done for several generations in ‘‘special girls’ trip’’ that they weren’t to tell ture of a victim, and I hate that. Yes, that America. We remind our members regularly anyone about, documents show. One girl told was a violent thing that was done to me, but of their obligations.’’ the FBI their mothers took them to the clin- it’s also such a complicated form of vio- CNN’s calls to mosques attended by the ic because ‘‘our tummies hurt’’ and a doctor lence.’’ girls’ parents and the defendants were not would ‘‘get the germs out.’’ Taher, whose mother and grandmother returned. There were three people in the office, ‘‘one also endured cutting, lives in Massachusetts to clean up and two to hold (the child’s) ‘NEVER TALK ABOUT IT’ and co-founded Sahiyo, an organization that hands,’’ the girl later told investigators. The This case has caught the attention of FGM works to end the practice in the Dawoodi FBI says they were local emergency room survivors across the country, who share a Bohra community. She helps women tell physician Dr. Jumana Nagarwala, clinic di- common story: They were cut at a young age their stories—of being cut, of deciding not to rector Dr. Fakhruddin Attar and his wife, and told not to speak of it. cut, of pretending to have been cut in order Farida Attar, who managed the office in In 1947, Renee Bergstrom was 3, living with to fit in—through social media. Livonia, Michigan, court records show. her white, fundamentalist Christian family Years later, she also has realized perhaps The girl said she took off her pants and unin rural Minnesota. When her mother saw the most personal achievement of her work: derwear and laid on an exam table with her her toddler touching herself, she worried. She convinced her mother to oppose FGM. knees near her chest and legs spread apart, ‘‘So, she took me to a doctor who said, ‘I ‘‘We’ve had continual conversations,’’ documents show. can fix that,’ and removed my clitoris,’’ Taher said. ‘‘I’ve never blamed her.’’ Nagarwala then gave her a ‘‘little pinch’’ Bergstrom told CNN. Ms. JACKSON LEE. Congress has the in the area ‘‘where we go pee.’’ She said the Bergstrom remembers seeing her mother power under the Commerce Clause to doctor told her and her friend ‘‘no bikes and at the end of the table. She remembers the prohibit FGM, and that is why I was no splits for three days,’’ and the day after pain. And she remembers feeling betrayed. very glad to be the author and sponsor the procedure, the area ‘‘hurted a lot.’’ ‘‘Later the day it happened, . . . she car- The girl said she and her friend got cake ried me around until I quit crying,’’ of this legislation by introducing this— afterward because ‘‘they were doing good,’’ Bergstrom said. ‘‘Even when I was very lit- what the cosponsors and I believe—is documents show. An exam found the girl’s tle, she told me it was a mistake, but I was an important bipartisan bill. labia minora removed or altered, her clitoral to never talk about it.’’ My former colleague, Congressman hood looking abnormal, plus scar tissue and Now, nearly 70 years later, Bergstrom said Crowley of New York, worked with me small healing cuts, court records show. the procedure affected her entire life. Severe on this for many, many years. Our goal The Attars and Nagarwala each face two scarring fused part of her labia; the skin is to protect all women and girls from counts of female genital mutilation, one wouldn’t stretch when it came time to de- the practice of FGM and to provide the count of conspiracy to commit female gen- liver her three children. ital mutilation, and one count of conspiracy Now Bergstrom has teamed up with an- Justice Department with an effective to obstruct an official proceeding. The physi- other survivor in Minnesota, a Somali means of prosecuting those who com- cians could face life in prison if convicted. woman, to spread awareness in the area’s mit this terrible act. That is why I sup- ‘‘This brutal practice is conducted on girls large Somali community. They give pam- port this legislation and authored this for one reason: to control them as women,’’ phlets to expectant mothers who survived legislation at the same time. Daniel Lemisch, acting US Attorney for the the procedure so they can help their doctors Mr. Speaker, as a senior member of the Eastern District of Michigan, said in a state- understand birthing options. Committees on the Judiciary and on Home- ment. ‘‘FGM will not be tolerated in the As she works to help immigrants from a United States.’’ country where FGM is almost universal and land Security, and the Congressional Black But attorneys for the accused say their cli- where Islam is the law, Bergstrom said she is Caucus, and as the bill sponsor, I rise in ents are being persecuted for practicing their concerned about Muslims being targeted in strong support of H.R. 6100, the ‘‘Strength- religion. Nagarwala has pleaded not guilty the United States over the practice. ening the Opposition to Female Genital Mutila- on all counts; the Attars have not entered ‘‘This was done (to me) in white America tion Act of 2020,’’ which I introduced with the pleas, but their attorneys argue they are not by a fundamentalist Christian doctor who Congressman BACON of Nebraska, the lead guilty of all the charges. practiced his religion with a scalpel,’’ she cosponsor. CLEANSING RITUAL NOT ILLEGAL, LAWYER SAYS said. ‘‘I am disturbed by the anti-Muslim sentiment throughout the United States. I I want thank Chairman NADLER for his tre- Nagarwala acknowledges performing a pro- mendous leadership during this Congress and cedure on both girls, her lawyer, Shannon didn’t want this to be another form of discrimination against Muslims.’’ the past several months of hardship, stress, Smith, said. But it wasn’t female genital and disruption not only of the regular normal- mutilation, she said, according to court doc- ‘COMPLICATED FORM OF VIOLENCE’ uments; it was a non-invasive, religious The father of one girl in the federal case ized operations of this Committee but of the cleansing ritual in the Dawoodi Bohra tradi- told investigators, ‘‘If they knew what would Congress and more importantly, the lives of tion, rooted in India. come of it, this would never have happened,’’ the American people. Nagarwala, who has been terminated from documents show. It has been said of Americans that we do her job at Henry Ford Health System in None of the parents in this case faces the difficult immediately, and the impossible light of this case, claims she used a long charges—and it’s possible they never will. takes a little longer. scraper-like tool to wipe a small portion of ‘‘The reality is, if you want children to re- The legislative session today is a testament mucus membrane from the girls’ clitorises, port this . . . some people would argue that then put the membrane onto gauze for their it would deter young girls and young women to the determination of this Committee that de- parents to bury, Smith said, adding that her from seeking health care,’’ Haynes said. spite the coronavirus pandemic that has client denies removing tissue and says there ‘‘Children tend to rally around their parents claimed the life of over 200,000 Americans, was no blood, documents show. and other adults in their life that they trust that legislation to improve the lives of the peo- The political environment surrounding the and wouldn’t think to report any kind of ple we represent and the communities we federal prosecution concerns Dina Francesca abuse until later.’’ serve will not be halted. Haynes, a human rights attorney who has For many survivors, coming to terms with The problems facing ordinary Americans worked on hundreds of FGM cases. their mothers’ decisions to promote the due to flaws and inequities in the criminal jus- ‘‘During a time when vigilantism and xeno- practice is complex. phobia (are) high, the likelihood that doctors Mariya Taher was 7 when she went on va- tice system, the immigration system, the of particular national origins would be tar- cation to Mumbai, India, with her parents. health care system, the economy, the trade- geted seems to also be an additional risk,’’ She remembers walking into an apartment mark system and others do not take a time- Haynes told CNN. ‘‘It makes me uncomfort- with her mother. The atmosphere felt re- out because of the pandemic and neither does

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A21SE7.038 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4592 CONGRESSIONAL RECORD — HOUSE September 21, 2020 this Congress, and for that I commend Speak- million girls and women alive today have un- Let me be very clear: This is inter- er PELOSI, the House Democratic leadership, dergone female genital mutilation. national, but it is happening in the and my colleagues on both sides of the aisle. Further, there are an estimated 3 million United States, and I think it is impor- Mr. Speaker, female genital mutilation girls at risk of undergoing female genital muti- tant for this Nation to stand up to this (FGM) is an abhorrent practice and a rec- lation every year. dastardly act. ognizable international human rights violation. Because of the manner in which female According to the World Health Orga- H.R. 6100, the STOP FGM Act is necessary genital mutilation is being practiced in the nization, it is estimated that more remedial legislative modifying current law to United States, it affects interstate and foreign than 200 million girls and women alive aid women in several important respects. commerce, the regulation of which the Con- today have undergone female genital Specifically, the legislation would: stitution entrusts to the Congress in Article I, mutilation. Further, there are an esti- 1. Amend 18 U.S.C. § 116 by setting forth section 8, clause 3. mated 3 million girls at risk of under- three groups of persons who can be pros- Therefore, Congress has the authority under going female genital mutilation every ecuted under the statute: (1) anyone who per- the Commerce Clause, as well as Necessary year. forms, attempts to perform, or conspires to and Proper Clause contained in Article I, sec- And because of the manner in which perform, female genital mutilation on a minor; tion 8, clause 17, to regulate, restrict, and female genital mutilation is being (2) a parent, guardian, or caretaker of a minor even prohibit the practice of FGM. practiced in the United States, it af- who facilitates or consents to the female gen- H.R. 6100 is a comprehensive response to fects interstate and foreign commerce, ital mutilation of the minor; and (3) anyone addressing FGM more effectively, and it in- the regulation which the Constitution who transports a minor for the purpose of per- cludes input from a wide array of stake- entrusts in the Constitution in Article formance of female genital mutilation on the holders, including DOJ, anti-FGM advocates, 1, Section 8, Clause 3. minor; clinicians, and CDC experts. Mr. Speaker, I am very grateful to 2. Increase the statutory maximum for a vio- I strongly support this bipartisan legislation the Committee on the Judiciary’s staff lation of the statute, from 5 years to 10 years; and ask my colleagues to do the same. for working together with me and my 3. Prohibit a defendant charged with this of- Mr. Speaker, I reserve the balance of office, making this legislation a real fense from using as a defense the argument my time. fix. Therefore, Congress has the au- that they were compelled to commit the of- Mr. ARMSTRONG. Mr. Speaker, I thority under the Commerce Clause, as fense because of religion, custom, tradition, yield myself such time as I may con- well as the necessary and proper clause ritual, or standard practice; and sume. contained in Article I, Section 8, to fix 4. Amend the existing statute to more ex- Mr. Speaker, I rise in support of H.R. this, and that is what we have done. plicitly define what types of procedures con- 1600, the Stop FGM Act of 2020. Again, let me thank the chairman stitute female genital mutilation. This bill outlaws a practice that is and ranking member of the full com- Most significantly, the STOP FGM Act en- recognized internationally as a human mittee and of the subcommittees, and ables us to better address FGM more com- rights violation, and even torture. It is all of the Members, for supporting this prehensively in the United States by requiring an extreme form of discrimination legislation. The STOP FGM Act is a critical the Attorney General, in consultation with against women and girls. Unfortu- measure to protect the health and safe- other federal agencies, to submit an annual nately, half a million girls and women ty of girls in our communities and to report to Congress, to include the number of worldwide are subject to this torture or ensure that those who would engage in women and girls in the United States at risk of at risk for it. this horrific practice do not go FGM; the protections available and actions I am sure most people assumed that unpunished. taken; and the education and assistance pro- FGM was already illegal. It was. This is bipartisan legislation, and I vided to communities about FGM. In 1996, Congress prohibited the prac- urge my colleagues to join me in sup- Mr. Speaker, according to the World Health tice of FGM. But in 2018, a Federal porting this legislation and voting to Organization (WHO) there are no positive judge in Michigan dismissed charges stop these dastardly acts. health benefits from practice of FGM and the against a doctor and others from a procedure can have severe long-term impacts Mr. Speaker, I yield back the balance local Indian Dawoodi Bohra commu- of my time. on the physical, psychological, sexual, and re- nity involved in the mutilation of nine productive health of girls and women. young girls. The judge ruled that the b 1530 Earlier this year, on Sunday, March 8, we Federal Government does not have the The SPEAKER pro tempore. The celebrated International Women’s Day, which power to regulate FGM. question is on the motion offered by is designed to help nations worldwide elimi- Since that time, the Justice Depart- the gentlewoman from Texas (Ms. nate discrimination against women. ment has been able to stop these acts JACKSON LEE) that the House suspend International Women’s Day focuses on help- of violence against America’s young the rules and pass the bill, H.R. 6100, as ing women gain full and equal participation in girls. amended. global development. This bill will amend title 18 to make The question was taken; and (two- The practice of FGM violates girls’ and FGM that is performed for nonmedical thirds being in the affirmative) the women’s rights to sexual and reproductive reasons a crime and overturn the rules were suspended and the bill, as health, security and physical integrity, their judge’s decision by explicitly describ- amended, was passed. right to be free from torture and cruel, inhu- ing the constitutional basis for ban- A motion to reconsider was laid on man or degrading treatment, and their right to ning FGM under the Commerce Clause the table. life when the procedure results in death. In order for little girls to live their best lives of the United States Constitution. f as strong, empowered women, we must pro- Mr. Speaker, I think all my col- CREATING A RESPECTFUL AND tect them now as girls, to give them a fighting leagues can come together and support OPEN WORLD FOR NATURAL chance. this important bipartisan bill, and I HAIR ACT OF 2020 urge my colleagues to join me in sup- The bipartisan STOP FGM Act takes a big Ms. JACKSON LEE. Mr. Speaker, I and positive step in that direction. porting H.R. 6100. Mr. Speaker, I yield back the balance move to suspend the rules and pass the Mr. Speaker, in 2017, Dr. Nagarwala, a bill (H.R. 5309) to prohibit discrimina- Michigan doctor performed this brutal act on of my time. Ms. JACKSON LEE. Mr. Speaker, I tion based on an individual’s texture or several minors. style of hair, as amended. The U.S. Department of Justice then pros- yield myself such time as I may consume. The Clerk read the title of the bill. ecuted her and others for violating the law. The text of the bill is as follows: It was the first federal case of its kind Mr. Speaker, I emphasize that the H.R. 5309 brought under the existing statute. practice of FGM violates girls’ and women’s rights to sexual and reproduc- Be it enacted by the Senate and House of Rep- Nagarwala challenged the law, and the dis- resentatives of the United States of America in trict court agreed and found that the statute tive health, security, and physical in- Congress assembled, was unconstitutional and that FGM is a ‘purely tegrity, their right to be free from tor- SECTION 1. SHORT TITLE. local crime.’ ture and cruel or inhumane or degrad- This Act may be cited as the ‘‘Creating a However, according to the World Health Or- ing treatment, and their right to life Respectful and Open World for Natural Hair ganization, it is estimated that more than 200 when the procedure results in death. Act of 2020’’ or the ‘‘CROWN Act of 2020’’.

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.031 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4593 SEC. 2. FINDINGS; SENSE OF CONGRESS; PUR- crimination in schools, workplaces, and housing practice based on the person’s hair POSE. other contexts based upon longstanding race texture or hairstyle, if that hair texture or (a) FINDINGS.—Congress finds the fol- and national origin stereotypes and biases; that hairstyle is commonly associated with a lowing: (2) a clear and comprehensive law should particular race or national origin (including (1) Throughout United States history, soci- address the systematic deprivation of edu- a hairstyle in which hair is tightly coiled or ety has used (in conjunction with skin color) cational, employment, and other opportuni- tightly curled, locs, cornrows, twists, braids, hair texture and hairstyle to classify individ- ties on the basis of hair texture and hair- Bantu knots, and Afros). uals on the basis of race. style that are commonly associated with (b) ENFORCEMENT.—Subsection (a) shall be (2) Like one’s skin color, one’s hair has race or national origin; enforced in the same manner and by the served as a basis of race and national origin (3) clear, consistent, and enforceable legal same means, including with the same juris- discrimination. standards must be provided to redress the diction, as if such subsection was incor- (3) Racial and national origin discrimina- widespread incidences of race and national porated in the Fair Housing Act (42 U.S.C. tion can and do occur because of long- origin discrimination based upon hair tex- 3601 et seq.), and as if a violation of sub- standing racial and national origin biases ture and hairstyle in schools, workplaces, section (a) was treated as if it was a dis- and stereotypes associated with hair texture housing, federally funded institutions, and criminatory housing practice. and style. other contexts; (c) DEFINITION.—In this section— (4) For example, routinely, people of Afri- (4) it is necessary to prevent educational, (1) the terms ‘‘discriminatory housing can descent are deprived of educational and employment, and other decisions, practices, practice’’ and ‘‘person’’ have the meanings employment opportunities because they are and policies generated by or reflecting nega- given the terms in section 802 of the Fair adorned with natural or protective hair- tive biases and stereotypes related to race or Housing Act (42 U.S.C. 3602); and styles in which hair is tightly coiled or national origin; (2) the terms ‘‘race’’ and ‘‘national origin’’ tightly curled, or worn in locs, cornrows, (5) the Federal Government must play a mean, respectively, ‘‘race’’ within the mean- twists, braids, Bantu knots, or Afros. key role in enforcing Federal civil rights ing of the term in section 804 of that Act (42 (5) Racial and national origin discrimina- laws in a way that secures equal educational, U.S.C. 3604) and ‘‘national origin’’ within the tion is reflected in school and workplace employment, and other opportunities for all meaning of the term in that section 804. policies and practices that bar natural or individuals regardless of their race or na- SEC. 5. PUBLIC ACCOMMODATIONS. protective hairstyles commonly worn by people of African descent. tional origin; (a) IN GENERAL.—No person in the United (6) For example, as recently as 2018, the (6) the Federal Government must play a States shall be subjected to a practice pro- United States Armed Forces had grooming central role in enforcing the standards estab- hibited under section 201, 202, or 203 of the policies that barred natural or protective lished under this Act on behalf of individuals Civil Rights Act of 1964 (42 U.S.C. 2000a et hairstyles that servicewomen of African de- who suffer race or national origin discrimi- seq.), based on the person’s hair texture or scent commonly wear and that described nation based upon hair texture and hair- hairstyle, if that hair texture or that hair- these hairstyles as ‘‘unkempt’’. style; style is commonly associated with a par- (7) In 2018, the United States Armed Forces (7) it is necessary to prohibit and provide ticular race or national origin (including a rescinded these policies and recognized that remedies for the harms suffered as a result of hairstyle in which hair is tightly coiled or this description perpetuated derogatory ra- race or national origin discrimination on the tightly curled, locs, cornrows, twists, braids, cial stereotypes. basis of hair texture and hairstyle; and Bantu knots, and Afros). (8) The United States Armed Forces also (8) it is necessary to mandate that school, (b) ENFORCEMENT.—Subsection (a) shall be recognized that prohibitions against natural workplace, and other applicable standards be enforced in the same manner and by the or protective hairstyles that African-Amer- applied in a nondiscriminatory manner and same means, including with the same juris- ican servicewomen are commonly adorned to explicitly prohibit the adoption or imple- diction, as if such subsection was incor- with are racially discriminatory and bear no mentation of grooming requirements that porated in title II of the Civil Rights Act of relationship to African-American service- disproportionately impact people of African 1964, and as if a violation of subsection (a) women’s occupational qualifications and descent. was treated as if it was a violation of section their ability to serve and protect the Nation. (c) PURPOSE.—The purpose of this Act is to 201, 202, or 203, as appropriate, of such Act. (9) As a type of racial or national origin institute definitions of race and national ori- (c) DEFINITION.—In this section, the terms discrimination, discrimination on the basis gin for Federal civil rights laws that effec- ‘‘race’’ and ‘‘national origin’’ mean, respec- of natural or protective hairstyles that peo- tuate the comprehensive scope of protection tively, ‘‘race’’ within the meaning of the ple of African descent are commonly adorned Congress intended to be afforded by such term in section 201 of that Act (42 U.S.C. with violates existing Federal law, including laws and Congress’ objective to eliminate 2000e) and ‘‘national origin’’ within the provisions of the Civil Rights Act of 1964 (42 race and national origin discrimination in meaning of the term in that section 201. U.S.C. 2000e et seq.), section 1977 of the Re- the United States. SEC. 6. EMPLOYMENT. vised Statutes (42 U.S.C. 1981), and the Fair SEC. 3. FEDERALLY ASSISTED PROGRAMS. (a) PROHIBITION.—It shall be an unlawful Housing Act (42 U.S.C. 3601 et seq.). However, (a) IN GENERAL.—No individual in the employment practice for an employer, em- some Federal courts have misinterpreted United States shall be excluded from partici- ployment agency, labor organization, or Federal civil rights law by narrowly inter- pation in, be denied the benefits of, or be joint labor-management committee control- preting the meaning of race or national ori- subjected to discrimination under, any pro- ling apprenticeship or other training or re- gin, and thereby permitting, for example, gram or activity receiving Federal financial training (including on-the-job training pro- employers to discriminate against people of assistance, based on the individual’s hair grams) to fail or refuse to hire or to dis- African descent who wear natural or protec- texture or hairstyle, if that hair texture or charge any individual, or otherwise to dis- tive hairstyles even though the employment that hairstyle is commonly associated with a criminate against an individual, based on the policies involved are not related to workers’ particular race or national origin (including individual’s hair texture or hairstyle, if that ability to perform their jobs. a hairstyle in which hair is tightly coiled or hair texture or that hairstyle is commonly (10) Applying this narrow interpretation of tightly curled, locs, cornrows, twists, braids, associated with a particular race or national race or national origin has resulted in a lack Bantu knots, and Afros). origin (including a hairstyle in which hair is of Federal civil rights protection for individ- (b) ENFORCEMENT.—Subsection (a) shall be tightly coiled or tightly curled, locs, corn- uals who are discriminated against on the enforced in the same manner and by the rows, twists, braids, Bantu knots, and Afros). basis of characteristics that are commonly same means, including with the same juris- (b) ENFORCEMENT.—Subsection (a) shall be associated with race and national origin. diction, as if such subsection was incor- enforced in the same manner and by the (11) In 2019 and 2020, State legislatures and porated in title VI of the Civil Rights Act of same means, including with the same juris- municipal bodies throughout the United 1964 (42 U.S.C. 2000d et seq.), and as if a viola- diction, as if such subsection was incor- States have introduced and passed legislation of subsection (a) was treated as if it was porated in title VII of the Civil Rights Act of tion that rejects certain Federal courts’ re- a violation of section 601 of such Act (42 1964 (42 U.S.C. 2000e et seq.), and as if a viola- strictive interpretation of race and national U.S.C. 2000d). tion of subsection (a) was treated as if it was origin, and expressly classifies race and na- (c) DEFINITIONS.—In this section— a violation of section 703 or 704, as appro- tional origin discrimination as inclusive of (1) the term ‘‘program or activity’’ has the priate, of such Act (42 U.S.C. 2000e–2, 2000e–3). discrimination on the basis of natural or pro- meaning given the term in section 606 of the (c) DEFINITIONS.—In this section the terms tective hairstyles commonly associated with Civil Rights Act of 1964 (42 U.S.C. 2000d–4a); ‘‘person’’, ‘‘race’’, and ‘‘national origin’’ race and national origin. and have the meanings given the terms in sec- (b) SENSE OF CONGRESS.—It is the sense of (2) the terms ‘‘race’’ and ‘‘national origin’’ tion 701 of the Civil Rights Act of 1964 (42 Congress that— mean, respectively, ‘‘race’’ within the mean- U.S.C. 2000e). (1) the Federal Government should ac- ing of the term in section 601 of that Act (42 SEC. 7. EQUAL RIGHTS UNDER THE LAW. knowledge that individuals who have hair U.S.C. 2000d) and ‘‘national origin’’ within (a) IN GENERAL.—No person in the United texture or wear a hairstyle that is histori- the meaning of the term in that section 601. States shall be subjected to a practice pro- cally and contemporarily associated with Af- SEC. 4. HOUSING PROGRAMS. hibited under section 1977 of the Revised rican Americans or persons of African de- (a) IN GENERAL.—No person in the United Statutes (42 U.S.C. 1981), based on the per- scent systematically suffer harmful dis- States shall be subjected to a discriminatory son’s hair texture or hairstyle, if that hair

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.034 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4594 CONGRESSIONAL RECORD — HOUSE September 21, 2020 texture or that hairstyle is commonly asso- had dreadlocks. Apparently, the school weather—and can play an important ciated with a particular race or national ori- district could not find title VII, did not role in helping to keep one’s hair gin (including a hairstyle in which hair is understand the law, and he did not ex- healthy. They can be utilitarian, and tightly coiled or tightly curled, locs, corn- perience the benefit of the law, being we are denied that right to have a hair- rows, twists, braids, Bantu knots, and Afros). (b) ENFORCEMENT.—Subsection (a) shall be suspended and not being able to grad- style that is utilitarian. That may be enforced in the same manner and by the uate. That was a dastardly action, and dreadlocks and braids and various same means, including with the same juris- we are all sufferers for that happening other styles that are neatly placed on diction, as if such subsection was incor- to that young man who didn’t deserve one’s head, the crown. porated in section 1977 of the Revised Stat- it. These findings are bolstered by nu- utes, and as if a violation of subsection (a) This legislation will leave no ambi- merous reports of incidents in recent was treated as if it was a violation of that guity that, in key areas where Federal years showing that this form of dis- section 1977. law prohibits race and national origin crimination is common. For example, SEC. 8. RULE OF CONSTRUCTION. discrimination, discrimination based in 2017, a Banana Republic employee Nothing in this Act shall be construed to limit definitions of race or national origin on an individual’s hair texture or hair- was told by a manager that she had under the Civil Rights Act of 1964 (42 U.S.C. style, if they are commonly associated violated the company’s dress code be- 2000a et seq.), the Fair Housing Act (42 U.S.C. with a particular race or national ori- cause her box braids were too urban 3601 et seq.), or section 1977 of the Revised gin, is unlawful. and unkempt. Statutes (42 U.S.C. 1981). The history of discrimination based A year later, a New Jersey high SEC. 9. DETERMINATION OF BUDGETARY EF- on race and national origin in this school student was forced by a White FECTS. country is, sadly, older than the coun- referee to either have his dreadlocks The budgetary effects of this Act, for the try itself, and we are still living with cut or forfeit a wrestling match, ulti- purpose of complying with the Statutory the consequences today. mately leading to a league official Pay-As-You-Go Act of 2010, shall be deter- Congress took a pivotal step in the mined by reference to the latest statement humiliatingly cutting the student’s titled ‘‘Budgetary Effects of PAYGO Legisla- fight against racism and discrimina- hair in public immediately before the tion’’ for this Act, submitted for printing in tion when it passed the Civil Rights match. the Congressional Record by the Chairman of Act of 1964, prohibiting discrimination Let me just pause for a moment. Any the House Budget Committee, provided that on the basis of race and national ori- of us who raised children, a son or a such statement has been submitted prior to gin, as well as other characteristics in daughter, has that image in our heart, the vote on passage. key areas of life. in our DNA. That picture has gone The SPEAKER pro tempore. Pursu- This law did not eliminate discrimi- viral. It is still there. That young man ant to the rule, the gentlewoman from nation entirely. One cannot legislate can be 30 or 40 or 50, and you will see Texas (Ms. JACKSON LEE) and the gen- away hate. But it provided critical re- his commitment to wrestling on behalf tleman from North Dakota (Mr. ARM- course for those who face discrimina- of his school and his team. And in the STRONG) each will control 20 minutes. tion, and it made clear that the gov- public eye, he is having one of the most The Chair recognizes the gentle- ernment has a compelling interest in sacred parts of anyone’s experience— woman from Texas. fighting discrimination. your hair—being cut publicly for the Ms. JACKSON LEE. Mr. Speaker, I Even Dr. Martin Luther King said world to view. I just feel a pain right yield myself such time as I may con- that he might not be able to change now seeing that young man do that. sume. hearts, but he could change laws. This His parents were not there, or had no Mr. Speaker, I rise in strong support is what we are doing today. ability to respond, but he had the cour- of H.R. 5309, the Creating a Respectful We cannot fool ourselves into think- age to get it done so that he could com- and Open World for Natural Hair Act of ing that discrimination is no longer pete with his teammates. 2020, or CROWN Act of 2020. alive and well; however, the recent pro- In that same year, an 11-year-old This important bill explicitly protests over police brutality, systemic Black girl was asked to leave class at a hibits discrimination on the basis of racism, and institutional racism have school near New Orleans because her hair texture and hairstyles commonly forced many who would rather look the braided hair extensions violated the associated with a particular race or na- other way to confront the continuing school’s policy. tional origin in employment, housing, and pervasive legacy of racism in our Unfortunately, research shows that federally funded programs, public ac- country. such discrimination is pervasive. The commodations, and the making and en- While racism and discrimination still JOY Collective study found that Black forcement of contracts. take many blatantly obvious forms, women are more likely than non-Black I rise to thank the sponsor of this they also manifest themselves in more women to have received formal groom- bill, Congressman CEDRIC RICHMOND of subtle ways. One form is discrimina- ing policies in the workplace and that Louisiana, for his leadership and his vi- tion based on natural hairstyles and Black women’s hairstyles were consist- sion and, really, gathering all of the hair textures associated with people of ently rated to be lower or ‘‘less ready’’ proponents with all of their efforts to African descent. for job performance than non-Black be able to get this bill to move as I think you can take a national sur- hairstyles by substantial margins. quickly as it has done. vey, go across the country in all 50 In view of these disturbing facts, To be clear, it is my view that exist- States and find someone who is of Afri- seven States—California, New York, ing civil rights statutes that prohibit can descent, and they will tell you New Jersey, Virginia, Colorado, Wash- discrimination on the basis of race or about the response to either their ington, and Maryland—have enacted natural origin may already make such beards and hairstyles, as relates to State versions of the CROWN Act, in kinds of hair-based discrimination un- men, and to women and their hair- every case with bipartisan support, lawful, but it is crucial that we are ab- styles. sometimes even with unanimous sup- solutely sure. According to a 2019 study of Black port of both parties. I know my State The Equal Employment Opportunity and non-Black women conducted by is finally going to attempt to do so in Commission agrees, having issued guid- the JOY Collective, Black people are the next legislative session in the ance interpreting title VII of the Civil disproportionately burdened by poli- State house. Rights Act of 1964 to prohibit discrimi- cies and practices in public places, in- While I applaud these States for tak- nation based on hairstyle or texture as cluding the workplace, that target, ing this necessary step, this is a matter a form of race discrimination in cer- profile, or single them out for natural of basic justice that deals with Federal tain instances. Unfortunately, several hairstyles and other hairstyles tradi- law, civil rights, title VII, that de- Federal courts have erroneously re- tionally associated with their race, mands a national solution by this Con- jected this interpretation, which is like braids, locs, and twists. gress. I am glad that we are where we why we must pass H.R. 5309. Often, those hairstyles are protective are today. Personally, coming from the State of hairstyles—hairstyles that tuck the Additionally, the United States mili- Texas, I am aware of a heinous, dev- ends of one’s hair away and minimize tary has recognized the racially dis- astating impact on a young man who manipulation and exposure to the parate impact of seemingly neutral

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.034 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4595 grooming policies on persons of African Schools, employers, and other enti- member on the Appropriations Com- ancestry, particularly Black women. ties covered by Federal civil rights mittee but, more importantly, has, I For this reason, in 2017, the Army re- laws can have race-neutral policies think, had her own life experience and pealed a grooming regulation prohib- that everyone must follow. They can has fought throughout her life for civil iting women servicemembers from also have race-neutral policies that rights, civil justice, and ensuring that wearing their hair in dreadlocks, and, have a disparate racial impact, and the most vulnerable will have a voice. in 2015, the Marine Corps issued regula- those are the places we need to address. b 1545 tions to permit loc and twist hair- This is particularly true when the styles. None of that impacts your serv- policy is necessary for critical func- Ms. LEE of California. Mr. Speaker, I thank Representative JACKSON LEE for ice to this Nation. tions of the job. There is a reason fire- I thank the gentleman from Lou- fighters have mustaches but not yielding and also for her tremendous work in advancing this bill to the floor, isiana again, Representative CEDRIC beards, and that is because you have to and also to Chairman NADLER and his RICHMOND, for introducing and cham- wear an SCBA. You can’t wear the support for this legislation. Also, I pioning this important bill and for his mask if you have a beard. want to thank and acknowledge Rep- leadership on this issue. Our committee should have examined I urge my colleagues to pass H.R. how this bill would affect the ability of resentatives RICHMOND, FUDGE, and 5309, and I reserve the balance of my schools, employers, and other entities PRESSLEY for their tremendous leadership and vision for putting this bill to- time. to maintain such policies. But we never gether, and I am in strong support of Mr. ARMSTRONG. Mr. Speaker, I had a hearing; we just had a markup. yield myself such time as I may con- it. Chairman NADLER brought this bill Mr. Speaker, this morning I thought sume. straight to markup, and now we are on I watched the wrestling video and I about our beloved John Lewis and how the floor today without any legislative he made good trouble all of his life. He hear the stories from a school in Texas hearing. was an original cosponsor of this bill, or Banana Republic, and I find these I am not even sure it is a bad idea. and this bill is an example of how we things horrible. I don’t think you can But I would like to know if it is not re- make good trouble to end discrimina- find any Member in this Chamber who dundant. I would like to know what the tion. doesn’t find racial discrimination to be unintended consequences are. And This bill will prohibit, finally, dis- repugnant and inconsistent with basic there are real reasons why, when you crimination based on an individual’s standards of human decency. are dealing with civil rights law, par- style or texture of hair, commonly as- What Democrats and Republicans ticularly on something that has al- sociated with the race or national ori- also agree on is that using hairstyles ready been agreed on that is illegal— gin in the definition of racial discrimi- as an excuse for engaging in racial dis- enforcement and legality are two dif- nation. It is really hard for me to be- crimination is wrong and is already il- ferent things, and we just don’t know lieve that we have to introduce this legal under Federal civil rights law, enough about what we are doing or why bill in the 21st century, and so I just and I think that is where we come to a it is necessary. want to thank our advocates who have little bit of a disagreement. If a school So, I would ask that we oppose this worked so hard to bring this bill to the administrator in Texas can’t find title bill, and I reserve the balance of my floor. VII, he is not going to find this lan- time. As one who has worn her hair as I guage in addition to title VII. Ms. JACKSON LEE. Mr. Speaker, I chose, including natural, I have had In 1973, the Supreme Court held that yield myself such time as I may con- many unpleasant encounters with peo- using a pretextual reason as cover for sume. ple who told me I did not look like a undertaking an action prohibited by Mr. Speaker, let me indicate that I Member of Congress because of my Federal civil rights laws is, nonethe- want to thank the previous speaker for hair, over and over again. Discrimina- less, a violation of Federal civil rights raising his concerns. tion against African Americans in laws. As early as 1976, Federal courts I think what I would like to offer to schools and in the workplace is real, held that discrimination on the basis of him is that people have been suffering and it is a continued barrier to equal- a hairstyle associated with a certain these indignities for decades. Natural ity in our country. race or national origin may constitute hair is coming back. We called it Afros. Black men and women continue to racial discrimination. And anyone who wore an Afro in a cer- face workplace stereotypes and are Looking at both this bill and the law, tain era knows how they were con- pressured to adopt White standards of it appears to me that the behavior that fronted and looked at. There were vast beauty and professionalism. Our daugh- we are seeking to make illegal is al- numbers of people wearing Afros, ters are penalized in school for natural ready illegal. However, both at markup whether males or females, individuals hairstyles deemed as messy and unruly and on the floor, our colleagues have of African descent. I am a living wit- in juxtaposition to the treatment of made impassioned arguments about ness, and we are living witnesses to their White counterparts. That is a why this bill is necessary, even though that. fact. we all agree that the activity that we So I do want to make the point that Students have been humiliated and are already talking about is already il- it is not redundant. I will make this suspended for having beautifully braid- legal. point again. But in 2016, the Eleventh ed extensions or forced to cut their That doesn’t take anything away Circuit rejected the EEOC’s argument locks before a high school wrestling from the discrimination or the embar- that existing law prohibits hair dis- match because it was a violation of rassment that any of those young men crimination as a proxy for race dis- some dress code. And across the coun- or women have felt in any of those in- crimination. try people of African descent have been cidents, but I am not sure the bill What I did say, as we worked to- required to cut or change the natural solves the problem, and that is why I gether, Mr. ARMSTRONG—I appreciate style or texture of their hair just to get wish the committee had taken time to his commentary and his leadership—is a job. examine whether the bill is either re- that we are here to fix things, and here Now, when I was in college, in the dundant or necessary. we have that the Eleventh Circuit day, I was told that I looked too mili- Our committee should have held a would not accept that. tant and should change my hairstyle if hearing with alleged victims of the sort So I thank the gentleman for raising I wanted to be successful in the work- of discrimination that the Democrats the concern, and I think Chairman place. argue this bill is designed to help. Our NADLER looked at this carefully and In 2014, the women of the Congres- committee should have had a hearing subcommittee chairpersons looked at sional Black Caucus urged the Army to with some legal scholars and individ- this carefully and knew that we had to rescind Army regulations—and Con- uals responsible for enforcing our Na- proceed. gresswoman JACKSON LEE signed my tion’s civil rights laws to determine if Mr. Speaker, I yield 3 minutes to the letter—this was regulation 670–1, which this bill will achieve what it is in- gentlewoman from California (Ms. prohibited many hairstyles worn by Af- tended to do. LEE), who is a distinguished senior rican-American women and other

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.073 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4596 CONGRESSIONAL RECORD — HOUSE September 21, 2020 women of color. After months of build- language about an assassination at- Mr. Speaker, I appreciate the coming support, I led an amendment and it tempt on two police officers just 2 ments of my good friend from North was included in the fiscal year 2015 De- weeks ago, but now we have a bill to Dakota, and even my good friend from fense Appropriations Bill to ban fund- Federalize hairstyles. Federalize hair- Ohio. But as I close, let me, first of all, ing for this discriminatory rule. A few styles. indicate this couldn’t be a more impor- years later, the United States Navy re- Democrats are doing nothing to ad- tant bill. I heard on the floor someone moved their discriminatory policy. dress the violence and unrest in the talk about this being redundant. The SPEAKER pro tempore. The streets of our cities, attacks on law en- Whenever we can have civil rights, time of the gentlewoman has expired. forcement officers across the country. equal rights, and equality as being re- Ms. JACKSON LEE. Mr. Speaker, I Portland and other cities continue to dundant, then America is doing the yield an additional 1 minute to the surrender their streets to violent left- right thing. Whenever we can clarify gentlewoman from California (Ms. wing agitators, placing their residences the 11th Circuit that rejected the LEE). and businesses at risk—residents and EEOC’s argument that existing law Ms. LEE of California. Mr. Speaker, businesses and business owners across prohibits hair discrimination as a with reference to the amendment that the country from—you have got Asian proxy for race discrimination, when- I got into the fiscal year 2015 Defense Americans, African Americans, you got ever we can clarify that—whenever we Appropriations Bill funding, to deny all kinds—all Americans—can’t deal can save the dignity, the hurt, and funding for this discriminatory rule. with that, but we can Federalize hair. sometimes the ruination of people who We moved forward, and later the U.S. Racial discrimination is terrible, it is simply because of the color of their Navy removed their discriminatory wrong, and it is already illegal under skin and the kind of hair that they policy. They knew it was discrimina- the law, as the gentleman from North have, ruins their life or disallows them tory, and finally permitted women, Dakota pointed out. You go ask any from graduating or have a public shed- specifically women of color, to wear American right now, September 2020: ding of their hair for the world to see their hair in dreadlocks, large buns, What should the United States House so that they can support their team. braids, and ponytails. of Representatives be focused on? Lots Whenever we are able to fix that on This laid the groundwork for my of important issues we have got to deal the floor of the House, I think we home State, California, to become the with. should do it. first State to ban discrimination But a policy that I think is redun- And I take issue with my good friend against African Americans for wearing dant, as the gentleman pointed out, from Ohio, we have the legislative natural hairstyles at school or in the that is already covered under Federal RECORD. We have condemned any vio- workplace with the passage of Califor- law. We don’t want any discrimination lence against law enforcement officers, and we mourn and ensure that the nia’s CROWN Act. And I am thankful and we should rightly deal with it world knows that we are praying for and so proud of Senator Holly Mitchell when it raises its ugly head. But this, and have indicated our condemnation for her bold leadership in getting this come on. We can’t add language to a of the shooting of the two officers in done. domestic terrorism bill about two ter- California and wish for their speedy re- We owe it to our children to take ac- rible things that have happened in the covery. And, as well, I want to make tion in Congress to break down these last month, but we are going to spend sure that all those who are shown to barriers and make sure that they know time on Federalizing a hairstyle. have done this are quickly brought to that, yes, Black is still beautiful. And, Mr. Speaker, I think we should vote justice. That is in the legislative his- yes, Mr. Speaker, Ms. JACKSON LEE’s against this. tory. Ms. JACKSON LEE. Mr. Speaker, I crown and braids are beautiful. We also recognize that the issues Our young people see that with this reserve the balance of my time. dealing with Kenosha are unique and, bill we don’t want them to be penal- Mr. ARMSTRONG. Mr. Speaker, I therefore, we are sorry that Tamir Rice yield myself such time as I may con- ized. And they are being penalized if did not get the opportunity as a young sume. they wear their hair like I wear my boy, just as this 17-year-old, who was Mr. Speaker, in closing, I will say hair or like Congresswoman JACKSON clearly engaged with white supremacy that the stories we hear, and the things LEE wears her hair, they are penalized. and white nationalism, came to this are terrible, but this is a problem of The SPEAKER pro tempore. The place to do harm, which he did. Tamir education and not legislation. And it is time of the gentlewoman has again ex- Rice was just a 12-year-old boy in a pired. more than that. park. Ms. JACKSON LEE. Mr. Speaker, I Without having these hearings, with- So I don’t think you can equate the yield an additional 1 minute to the out understanding this, without under- two, and I don’t think you can suggest gentlewoman from California (Ms. standing where in our current law that that we are not supposed to respond to LEE). we don’t already make this conduct domestic terrorism. Ms. LEE of California. Mr. Speaker, I and this pretextual racial conduct ille- So let me indicate, Mr. Speaker, that want to make the point how important gal, we essentially are saying that we I do want to thank Mr. RICHMOND, Ms. this is to let our young children know are—I mean, making something illegal FUDGE, Ms. PRESSLEY, and as my col- that it is okay and that we honor them twice isn’t going to change somebody’s league mentioned, the late John Rob- for being who they are by wearing their mind if it was already illegal once, and ert Lewis, who was always looking for hair the way that they choose. They I think that is the mistake we are good trouble and to do what is right as won’t be penalized. They won’t be making here. It is not about the con- a cosponsor of this legislation. kicked out of school. They won’t be de- duct and the underlying conduct and H.R. 5309 is an important piece of leg- humanized or demeaned by just doing those types of things, it is about what islation that will help further ensure that. It is finally time, in this 21st cen- we are trying to accomplish, how we that hairstyles and hair extremes com- tury, to say enough is enough. are doing it, and the process in which monly associated with a particular Mr. ARMSTRONG. Mr. Speaker, I we do it. race or national origin cannot be used yield such time as he may consume to The sentiment is there, and I can’t as proxies for race or national origin the gentleman from Ohio (Mr. JORDAN), disagree with any of these stories, I discrimination. the ranking member of the Judiciary just don’t think this bill solves the Such discrimination should already Committee. problem they are trying to solve. And I be prohibited by Federal civil rights Mr. JORDAN. Mr. Speaker, I thank don’t think we have nearly enough evi- statutes, but unfortunately some Fed- the gentleman for yielding. dence to show that it does. So with eral courts have interpreted these stat- Mr. Speaker, a few minutes ago we that, I would urge my colleagues to utes so narrowly as to effectively per- had a bill on domestic terrorism, vote against this legislation, and I mit using hair discrimination as a Democrats wouldn’t add language yield back the balance of my time. proxy for race or national origin dis- about the murder of a President Trump Ms. JACKSON LEE. Mr. Speaker, I crimination. H.R. 5309 corrects this er- supporter by a member of Antifa. On yield myself such time as I may con- roneous interpretation and further ex- that same bill, Democrats wouldn’t add sume. tends justice and equality for all.

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.075 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4597 Mr. Speaker, I just want to put into I urge my colleagues to vote in favor agency of the Department of the Treasury, the RECORD the plight of two students of the CROWN Act. and was established by the Riegle Commu- in the Barbers Hill Independent School The SPEAKER pro tempore. The nity Development and Regulatory Improve- District in my State where these two question is on the motion offered by ment Act of 1994. The mission of the CDFI outstanding students, athletes, good Fund is ‘‘to expand economic opportunity for the gentlewoman from Texas (Ms. underserved people and communities by sup- academic students, were humiliated be- JACKSON LEE) that the House suspend porting the growth and capacity of a na- cause their tradition was to wear the rules and pass the bill, H.R. 5309, as tional network of community development dreadlocks, and they were suspended. amended. lenders, investors, and financial service pro- And one or maybe two of them were The question was taken; and (two- viders’’. A community development financial not able to walk with their class. Hu- thirds being in the affirmative) the institution (a ‘‘CDFI’’) is a specialized finan- miliation. Discrimination that never rules were suspended and the bill, as cial institution serving low-income commu- got corrected. So today, for them we amended, was passed. nities and a Community Development Entity correct it. DeAndre Arnold, we correct A motion to reconsider was laid on (a ‘‘CDE’’) is a domestic corporation or part- it. We acknowledge that you deserve the table. nership that is an intermediary vehicle for the provision of loans, investments, or finan- your civil rights. f Mr. Speaker, I urge the House to pass cial counseling in low-income communities. MESSAGE FROM THE PRESIDENT The CDFI Fund certifies CDFIs and CDEs. H.R. 5309, and I yield back the balance Becoming a certified CDFI or CDE allows or- of my time. A message in writing from the Presi- ganizations to participate in various CDFI GENERAL LEAVE dent of the United States was commu- Fund programs as follows: Ms. JACKSON LEE. Mr. Speaker, I nicated to the House by Ms. Wanda (A) The Bank Enterprise Award Program, ask unanimous consent that all Mem- Neiman, one of his secretaries. which provides FDIC-insured depository institutions awards for a demonstrated in- bers may have 5 legislative days to re- f vise and extend their remarks. crease in lending and investments in dis- The SPEAKER pro tempore. Is there b 1600 tressed communities and CDFIs. objection to the request of the gentle- (B) The CDFI Program, which provides Fi- ENSURING DIVERSITY IN nancial and Technical Assistance awards to woman from Texas? COMMUNITY BANKING ACT OF 2019 CDFIs to reinvest in the CDFI, and to build There was no objection. Mr. SHERMAN. Mr. Speaker, I move the capacity of the CDFI, including financ- Ms. FUDGE. Mr. Speaker, I rise ing product development and loan loss re- today in support of H.R. 5309, the Cre- to suspend the rules and pass the bill (H.R. 5322) to establish or modify reserves. ating a Respectful and Open World for (C) The Native American CDFI Assistance Natural Hair Act—also known as the quirements relating to minority depos- Program, which provides CDFIs and spon- C.R.O.W.N. Act. itory institutions, community develop- soring entities Financial and Technical As- Too often African Americans are re- ment financial institutions, and impact sistance awards to increase lending and grow quired to meet unreasonable standards banks, and for other purposes, as the number of CDFIs owned by Native Amer- of grooming in the workplace and in amended. icans to help build capacity of such CDFIs. the classroom with respect to our hair. The Clerk read the title of the bill. (D) The New Market Tax Credit Program, The text of the bill is as follows: which provides tax credits for making equity Most of those standards are cultural investments in CDEs that stimulate capital H.R. 5322 norms that coincide with the texture investments in low-income communities. and style of Black hair. Be it enacted by the Senate and House of Rep- (E) The Capital Magnet Fund, which pro- In 2014, my Congressional Black Cau- resentatives of the United States of America in vides awards to CDFIs and nonprofit afford- cus colleagues and I successfully Congress assembled, able housing organizations to finance afford- pushed the U.S. military to reverse its SECTION 1. SHORT TITLE; TABLE OF CONTENTS. able housing solutions and related economic rules classifying hairstyles often worn (a) SHORT TITLE.—This Act may be cited as development activities. by female soldiers of color as ‘‘unau- the ‘‘Ensuring Diversity in Community (F) The Bond Guarantee Program, a source thorized’’. The military’s regulation Banking Act’’. of long-term, patient capital for CDFIs to ex- used words like ‘‘unkempt’’ and ‘‘mat- (b) TABLE OF CONTENTS.—The table of con- pand lending and investment capacity for tents for this Act is as follows: community and economic development pur- ted’’ when referring to traditional Afri- poses. can American hairstyles. Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress on funding the (2) The Department of the Treasury is au- To require anyone to change their loan-loss reserve fund for small thorized to create multi-year grant programs natural appearance to further their ca- dollar loans. designed to encourage low-to-moderate in- reer or education is a clear violation of Sec. 3. Definitions. come individuals to establish accounts at their civil rights. Sec. 4. Inclusion of women’s banks in the federally insured banks, and to improve low- A 2019 study by Dove found Black definition of minority deposi- to-moderate income individuals’ access to women are 30 percent more likely to tory institution. such accounts on reasonable terms. receive a formal grooming policy in the Sec. 5. Establishment of impact bank des- (3) Under this authority, grants to partici- workplace. Black women are also 1.5 ignation. pants in CDFI Fund programs may be used for loan-loss reserves and to establish small- times more likely to report being Sec. 6. Minority Depositories Advisory Com- mittees. dollar loan programs by subsidizing related forced to leave work or know of a Sec. 7. Federal deposits in minority deposi- losses. These grants also allow for the pro- Black woman who was forced to leave tory institutions. viding recipients with the financial coun- work because of her hair. Sec. 8. Minority Bank Deposit Program. seling and education necessary to conduct This is unacceptable. Sec. 9. Diversity report and best practices. transactions and manage their accounts. Seven states agree, including Cali- Sec. 10. Investments in minority depository These loans provide low-cost alternatives to fornia, New York, New Jersey, Vir- institutions and impact banks. payday loans and other nontraditional forms ginia, Colorado, Washington, and Sec. 11. Report on covered mentor-protege of financing that often impose excessive in- Maryland. All have enacted laws ban- programs. terest rates and fees on borrowers, and lead millions of Americans to fall into debt traps. ning racial hair discrimination. It is Sec. 12. Custodial deposit program for covered minority depository insti- Small-dollar loans can only be made pursu- past time we ban the practice at the tutions and impact banks. ant to terms, conditions, and practices that federal level. Sec. 13. Streamlined community develop- are reasonable for the individual consumer The CROWN Act does that—by feder- ment financial institution ap- obtaining the loan. ally prohibiting discrimination based plications and reporting. (4) Program participation is restricted to on hair styles and hair textures com- Sec. 14. Task force on lending to small busi- eligible institutions, which are limited to or- monly associated with a particular ness concerns. ganizations listed in section 501(c)(3) of the race or national origin. Sec. 15. Discretionary surplus funds. Internal Revenue Code and exempt from tax I was proud to introduce this bill Sec. 16. Determination of Budgetary Effects. under 501(a) of such Code, federally insured depository institutions, community develop- with my friend Congressman RICH- SEC. 2. SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS RESERVE FUND FOR ment financial institutions and State, local, MOND, which ensures African Ameri- SMALL DOLLAR LOANS. or Tribal government entities. cans no longer have to be afraid to The sense of Congress is the following: (5) Since its founding, the CDFI Fund has show up to work or the classroom as (1) The Community Development Financial awarded over $3,300,000,000 to CDFIs and anything other than who they are. Institutions Fund (the ‘‘CDFI Fund’’) is an CDEs, allocated $54,000,000,000 in tax credits,

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and $1,510,000,000 in bond guarantees. Accord- (e) REMOVAL OF DESIGNATION.—If the ap- (A) notify the Committee on Financial ing to the CDFI Fund, some programs at- propriate Federal banking agency deter- Services of the House of Representatives and tract as much as $10 in private capital for mines that a depository institution des- the Committee on Banking, Housing, and every $1 invested by the CDFI Fund. The Ad- ignated as an impact bank no longer meets Urban Affairs of the Senate in advance of ministration and the Congress should the criteria for such designation, the appro- each meeting of the Minority Depositories prioritize appropriation of funds for the loan priate Federal banking agency shall rescind Advisory Committee; and loss reserve fund and technical assistance the designation and notify the depository in- (B) invite the attendance at each meeting programs administered by the Community stitution of such rescission. of the Minority Depositories Advisory Com- Development Financial Institution Fund. (f) RECONSIDERATION OF DESIGNATION; AP- mittee of— PEALS.—Under such procedures as the Fed- SEC. 3. DEFINITIONS. (i) one member of the majority party and eral banking agencies may establish, a de- In this Act: one member of the minority party of the pository institution may— Committee on Financial Services of the (1) COMMUNITY DEVELOPMENT FINANCIAL IN- (1) submit to the appropriate Federal bank- STITUTION.—The term ‘‘community develop- House of Representatives and the Committee ing agency a request to reconsider a deter- ment financial institution’’ has the meaning on Banking, Housing, and Urban Affairs of mination that such depository institution no given under section 103 of the Riegle Commu- the Senate; and longer meets the criteria for the designation; nity Development and Regulatory Improve- (ii) one member of the majority party and or ment Act of 1994 (12 U.S.C. 4702). one member of the minority party of any rel- (2) file an appeal of such determination. evant subcommittees of such committees. (2) MINORITY DEPOSITORY INSTITUTION.—The (g) RULEMAKING.—Not later than 1 year (e) NO TERMINATION OF ADVISORY COMMIT- term ‘‘minority depository institution’’ has after the date of the enactment of this Act, TEES.—The termination requirements under the meaning given under section 308 of the the Federal banking agencies shall jointly section 14 of the Federal Advisory Com- Financial Institutions Reform, Recovery, issue rules to carry out the requirements of mittee Act (5 U.S.C. app.) shall not apply to and Enforcement Act of 1989 (12 U.S.C. 1463 this section, including by providing a defini- a Minority Depositories Advisory Committee note), as amended by this Act. tion of a low-income borrower. established pursuant to this section. SEC. 4. INCLUSION OF WOMEN’S BANKS IN THE (h) REPORTS.—Each Federal banking agen- (f) DEFINITIONS.—In this section: DEFINITION OF MINORITY DEPOSI- cy shall submit an annual report to the Con- (1) COVERED REGULATOR.—The term ‘‘cov- TORY INSTITUTION. gress containing a description of actions ered regulator’’ means the Comptroller of Section 308(b)(1) of the Financial Institu- taken to carry out this section. the Currency, the Board of Governors of the tions Reform, Recovery, and Enforcement (i) FEDERAL DEPOSIT INSURANCE ACT DEFI- Federal Reserve System, the Federal Deposit Act of 1989 (12 U.S.C. 1463 note) is amended— NITIONS.—In this section, the terms ‘‘deposi- Insurance Corporation, and the National (1) by redesignating subparagraphs (A), (B), tory institution’’, ‘‘appropriate Federal Credit Union Administration. and (C) as clauses (i), (ii), and (iii), respec- banking agency’’, and ‘‘Federal banking (2) COVERED MINORITY INSTITUTION.—The tively; agency’’ have the meanings given such term ‘‘covered minority institution’’ means (2) by striking ‘‘means any’’ and inserting terms, respectively, in section 3 of the Fed- a minority depository institution (as defined the following: ‘‘means— eral Deposit Insurance Act (12 U.S.C. 1813). in section 308(b) of the Financial Institutions ‘‘(A) any’’; and SEC. 6. MINORITY DEPOSITORIES ADVISORY Reform, Recovery, and Enforcement Act of (3) in clause (iii) (as so redesignated), by COMMITTEES. 1989 (12 U.S.C. 1463 note)). (a) ESTABLISHMENT.—Each covered regu- striking the period at the end and inserting (3) DEPOSITORY INSTITUTION.—The term ‘‘; or’’; and lator shall establish an advisory committee ‘‘depository institution’’ has the meaning (4) by inserting at the end the following to be called the ‘‘Minority Depositories Advi- given under section 3 of the Federal Deposit new subparagraph: sory Committee’’. Insurance Act (12 U.S.C. 1813). (b) DUTIES.—Each Minority Depositories ‘‘(B) any bank described in clause (i), (ii), (4) INSURED CREDIT UNION.—The term ‘‘in- Advisory Committee shall provide advice to or (iii) of section 19(b)(1)(A) of the Federal sured credit union’’ has the meaning given in the respective covered regulator on meeting Reserve Act— section 101 of the Federal Credit Union Act the goals established by section 308 of the Fi- ‘‘(i) more than 50 percent of the out- (12 U.S.C. 1752). nancial Institutions Reform, Recovery, and standing shares of which are held by 1 or (g) TECHNICAL AMENDMENT.—Section 308(b) Enforcement Act of 1989 (12 U.S.C. 1463 note) more women; and of the Financial Institutions Reform, Recov- to preserve the present number of covered ery, and Enforcement Act of 1989 (12 U.S.C. ‘‘(ii) the majority of the directors on the minority institutions, preserve the minority board of directors of which are women.’’. 1463 note) is amended by adding at the end character of minority-owned institutions in the following new paragraph: SEC. 5. ESTABLISHMENT OF IMPACT BANK DES- cases involving mergers or acquisitions, pro- ‘‘(3) DEPOSITORY INSTITUTION.—The term IGNATION. vide technical assistance, and encourage the (a) IN GENERAL.—Each Federal banking ‘depository institution’ means an ‘insured creation of new covered minority institu- depository institution’ (as defined in section agency shall establish a program under tions. The scope of the work of each such Mi- which a depository institution with total 3 of the Federal Deposit Insurance Act (12 nority Depositories Advisory Committee U.S.C. 1813)) and an insured credit union (as consolidated assets of less than $10,000,000,000 shall include an assessment of the current may elect to be designated as an impact defined in section 101 of the Federal Credit condition of covered minority institutions, Union Act (12 U.S.C. 1752)).’’. bank if the total dollar value of the loans ex- what regulatory changes or other steps the SEC. 7. FEDERAL DEPOSITS IN MINORITY DEPOS- tended by such depository institution to low- respective agencies may be able to take to income borrowers is greater than or equal to ITORY INSTITUTIONS. fulfill the requirements of such section 308, (a) IN GENERAL.—Section 308 of the Finan- 50 percent of the assets of such bank. and other issues of concern to covered mi- cial Institutions Reform, Recovery, and En- (b) NOTIFICATION OF ELIGIBILITY.—Based on nority institutions. forcement Act of 1989 (12 U.S.C. 1463 note) is data obtained through examinations of de- (c) MEMBERSHIP.— amended— pository institutions, the appropriate Fed- (1) IN GENERAL.—Each Minority Deposi- (1) by adding at the end the following new eral banking agency shall notify a depositories Advisory Committee shall consist of subsection: tory institution if the institution is eligible no more than 10 members, who— ‘‘(d) FEDERAL DEPOSITS.—The Secretary of to be designated as an impact bank. (A) shall serve for one two-year term; the Treasury shall ensure that deposits made (c) APPLICATION.—Regardless of whether or (B) shall serve as a representative of a de- by Federal agencies in minority depository not it has received a notice of eligibility pository institution or an insured credit institutions and impact banks are under subsection (b), a depository institution union with respect to which the respective collateralized or insured, as determined by may submit an application to the appro- covered regulator is the covered regulator of the Secretary. Such deposits shall include priate Federal banking agency— such depository institution or insured credit reciprocal deposits as defined in section (1) requesting to be designated as an im- union; and 337.6(e)(2)(v) of title 12, Code of Federal Reg- pact bank; and (C) shall not receive pay by reason of their ulations (as in effect on March 6, 2019).’’; and (2) demonstrating that the depository in- service on the advisory committee, but may (2) in subsection (b), as amended by section stitution meets the applicable qualifications. receive travel or transportation expenses in 6(g), by adding at the end the following new (d) LIMITATION ON ADDITIONAL DATA RE- accordance with section 5703 of title 5, paragraph: QUIREMENTS.—The Federal banking agencies United States Code. ‘‘(4) IMPACT BANK.—The term ‘impact bank’ may only impose additional data collection (2) DIVERSITY.—To the extent practicable, means a depository institution designated by requirements on a depository institution each covered regulator shall ensure that the the appropriate Federal banking agency pur- under this section if such data is— members of the Minority Depositories Advi- suant to section 5 of the Ensuring Diversity (1) necessary to process an application sub- sory Committee of such agency reflect the in Community Banking Act.’’. mitted by the depository institution to be diversity of covered minority institutions. (b) TECHNICAL AMENDMENTS.—Section 308 designated an impact bank; or (d) MEETINGS.— of the Financial Institutions Reform, Recov- (2) with respect to a depository institution (1) IN GENERAL.—Each Minority Deposi- ery, and Enforcement Act of 1989 (12 U.S.C. that is designated as an impact bank, nec- tories Advisory Committee shall meet not 1463 note) is amended— essary to ensure the depository institution’s less frequently than twice each year. (1) in the matter preceding paragraph (1), ongoing qualifications to maintain such des- (2) NOTICE AND INVITATIONS.—Each Minor- by striking ‘‘section—’’ and inserting ‘‘sec- ignation. ity Depositories Advisory Committee shall— tion:’’; and

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.026 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4599 (2) in the paragraph heading for paragraph SEC. 9. DIVERSITY REPORT AND BEST PRAC- during the 10-year period preceding the date (1), by striking ‘‘FINANCIAL’’ and inserting TICES. of the report; ‘‘DEPOSITORY’’. (a) ANNUAL REPORT.—Each covered regu- (2) the main challenges to the creation of lator shall submit to Congress an annual re- SEC. 8. MINORITY BANK DEPOSIT PROGRAM. de novo minority depository institutions and port on diversity including the following: de novo impact banks; and (a) IN GENERAL.—Section 1204 of the Finan- (1) Data, based on voluntary self-identi- (3) regulatory and legislative consider- cial Institutions Reform, Recovery, and En- fication, on the racial, ethnic, and gender ations to promote the establishment of de forcement Act of 1989 (12 U.S.C. 1811 note) is composition of the examiners of each cov- novo minority depository institutions and de amended to read as follows: ered regulator, disaggregated by length of novo impact banks. ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DE- time served as an examiner. SEC. 11. REPORT ON COVERED MENTOR-PRO- POSITORY INSTITUTIONS. (2) The status of any examiners of covered TEGE PROGRAMS. ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— regulators, based on voluntary self-identi- (a) REPORT.—Not later than 6 months after ‘‘(1) ESTABLISHMENT.—There is established fication, as a veteran. the date of the enactment of this Act and an- a program to be known as the ‘Minority (3) Whether any covered regulator, as of nually thereafter, the Secretary of the Bank Deposit Program’ to expand the use of the date on which the report required under Treasury shall submit to Congress a report minority depository institutions. this section is submitted, has adopted a pol- on participants in a covered mentor-protege ‘‘(2) ADMINISTRATION.—The Secretary of icy, plan, or strategy to promote racial, eth- program, including— the Treasury, acting through the Fiscal nic, and gender diversity among examiners (1) an analysis of outcomes of such pro- Service, shall— of the covered regulator. gram; ‘‘(A) on application by a depository insti- (4) Whether any special training is devel- (2) the number of minority depository in- tution or credit union, certify whether such oped and provided for examiners related spe- stitutions that are eligible to participate in depository institution or credit union is a cifically to working with depository institu- such program but do not have large financial minority depository institution; tions and credit unions that serve commu- institution mentors; and ‘‘(B) maintain and publish a list of all de- nities that are predominantly minorities, (3) recommendations for how to match pository institutions and credit unions that low income, or rural, and the key focus of such minority depository institutions with have been certified pursuant to subparagraph such training. large financial institution mentors. (A); and (b) BEST PRACTICES.—Each Office of Minor- (b) DEFINITIONS.—In this section: ‘‘(C) periodically distribute the list de- ity and Women Inclusion of a covered regu- (1) COVERED MENTOR-PROTEGE PROGRAM.— scribed in subparagraph (B) to— lator shall develop, provide to the head of The term ‘‘covered mentor-protege program’’ ‘‘(i) all Federal departments and agencies; the covered regulator, and make publicly means a mentor-protege program established ‘‘(ii) interested State and local govern- available best practices— by the Secretary of the Treasury pursuant to ments; and (1) for increasing the diversity of can- section 45 of the Small Business Act (15 ‘‘(iii) interested private sector companies. didates applying for examiner positions, in- U.S.C. 657r). ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON cluding through outreach efforts to recruit (2) LARGE FINANCIAL INSTITUTION.—The LIST.—A depository institution or credit diverse candidate to apply for entry-level ex- term ‘‘large financial institution’’ means union that, on the date of the enactment of aminer positions; and any entity— this section, has a current certification from (2) for retaining and providing fair consid- (A) regulated by the Comptroller of the the Secretary of the Treasury stating that eration for promotions within the examiner Currency, the Board of Governors of the Fed- such depository institution or credit union is staff for purposes of achieving diversity eral Reserve System, the Federal Deposit In- a minority depository institution shall be in- among examiners. surance Corporation, or the National Credit cluded on the list described under paragraph (c) COVERED REGULATOR DEFINED.—In this Union Administration; and (2)(B). section, the term ‘‘covered regulator’’ means (B) that has total consolidated assets the Comptroller of the Currency, the Board ‘‘(b) EXPANDED USE AMONG FEDERAL DE- greater than or equal to $50,000,000,000. of Governors of the Federal Reserve System, PARTMENTS AND AGENCIES.— SEC. 12. CUSTODIAL DEPOSIT PROGRAM FOR the Federal Deposit Insurance Corporation, ‘‘(1) IN GENERAL.—Not later than 1 year COVERED MINORITY DEPOSITORY after the establishment of the program de- and the National Credit Union Administra- INSTITUTIONS AND IMPACT BANKS. (a) IN GENERAL.—Not later than one year scribed in subsection (a), the head of each tion. after the date of the enactment of this Act, Federal department or agency shall develop SEC. 10. INVESTMENTS IN MINORITY DEPOSI- TORY INSTITUTIONS AND IMPACT the Secretary of the Treasury shall issue and implement standards and procedures to BANKS. rules establishing a custodial deposit pro- prioritize, to the maximum extent possible (a) CONTROL FOR CERTAIN INSTITUTIONS.— gram under which a covered bank may re- as permitted by law and consistent with Section 7(j)(8)(B) of the Federal Deposit In- ceive deposits from a qualifying account. principles of sound financial management, surance Act (12 U.S.C. 1817(j)(8)(B)) is amend- (b) REQUIREMENTS.—In issuing rules under the use of minority depository institutions ed to read as follows: subsection (a), the Secretary of the Treasury to hold the deposits of each such department ‘‘(B) ‘control’ means the power, directly or shall— or agency. indirectly— (1) consult with the Federal banking agen- ‘‘(2) REPORT TO CONGRESS.—Not later than 2 ‘‘(i) to direct the management or policies cies; years after the establishment of the program of an insured depository institution; or (2) ensure each covered bank participating described in subsection (a), and annually ‘‘(ii)(I) with respect to an insured deposi- in the program established under this sec- thereafter, the head of each Federal depart- tory institution, of a person to vote 25 per tion— ment or agency shall submit to Congress a centum or more of any class of voting securi- (A) has appropriate policies relating to report on the actions taken to increase the ties of such institution; or management of assets, including measures to use of minority depository institutions to ‘‘(II) with respect to an insured depository ensure the safety and soundness of each such hold the deposits of each such department or institution that is an impact bank (as des- covered bank; and agency. ignated pursuant to section 5 of the Ensuring (B) is compliant with applicable law; and ‘‘(c) DEFINITIONS.—For purposes of this sec- Diversity in Community Banking Act) or a (3) ensure, to the extent practicable that tion: minority depository institution (as defined the rules do not conflict with goals described ‘‘(1) CREDIT UNION.—The term ‘credit union’ in section 308(b) of the Financial Institutions in section 308(a) of the Financial Institutions has the meaning given the term ‘insured Reform, Recovery, and Enforcement Act of Reform, Recovery, and Enforcement Act of credit union’ in section 101 of the Federal 1989), of an individual to vote 30 percent or 1989 (12 U.S.C. 1463 note). Credit Union Act (12 U.S.C. 1752). more of any class of voting securities of such (c) LIMITATIONS.— ‘‘(2) DEPOSITORY INSTITUTION.—The term an impact bank or a minority depository in- (1) DEPOSITS.—With respect to the funds of ‘depository institution’ has the meaning stitution.’’. an individual qualifying account, an entity given in section 3 of the Federal Deposit In- (b) RULEMAKING.—The Federal banking may not deposit an amount greater than the surance Act (12 U.S.C. 1813). agencies (as defined in section 3 of the Fed- insured amount in a single covered bank. ‘‘(3) MINORITY DEPOSITORY INSTITUTION.— eral Deposit Insurance Act (12 U.S.C. 1813)) (2) TOTAL DEPOSITS.—The total amount of The term ‘minority depository institution’ shall jointly issue rules for de novo minority funds deposited in a covered bank under the has the meaning given that term under sec- depository institutions and de novo impact custodial deposit program described under tion 308 of this Act.’’. banks (as designated pursuant to section 5) this section may not exceed the lesser of— (b) CONFORMING AMENDMENTS.—The fol- to allow 3 years to meet the capital require- (A) 10 percent of the average amount of de- lowing provisions are amended by striking ments otherwise applicable to minority deposits held by such covered bank in the pre- ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: pository institutions and impact banks. vious quarter; or (1) Section 808(b)(3) of the Community Re- (c) REPORT.—Not later than 1 year after (B) $100,000,000 (as adjusted for inflation). investment Act of 1977 (12 U.S.C. 2907(b)(3)). the date of the enactment of this Act, the (d) REPORT.—Each quarter, the Secretary (2) Section 40(g)(1)(B) of the Federal De- Federal banking agencies shall jointly sub- of the Treasury shall submit to Congress a posit Insurance Act (12 U.S.C. 1831q(g)(1)(B)). mit to Congress a report on— report on the implementation of the program (3) Section 704B(h)(4) of the Equal Credit (1) the principal causes for the low number established under this section including in- Opportunity Act (15 U.S.C. 1691c–2(h)(4)). of de novo minority depository institutions formation identifying participating covered

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.026 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4600 CONGRESSIONAL RECORD — HOUSE September 21, 2020 banks and the total amount of deposits rein section 308 of the Financial Institutions his considerable talents to the matters ceived by covered banks under the program. Reform, Recovery, and Enforcement Act of of the Financial Services Committee, (e) DEFINITIONS.—In this section: 1989), or an impact bank (as designated pur- and H.R. 5322 reflects that kind of skill (1) COVERED BANK.—The term ‘‘covered suant to section 5 of the Ensuring Diversity and effort. bank’’ means— in Community Banking Act); and’’. The Financial Services Committee (A) a minority depository institution that (2) APPLICATION.—The amendment made by is well capitalized, as defined by the appro- this subsection shall apply with respect to under the chairmanship of Ms. WATERS priate Federal banking agency; or the first report to be submitted after the and Chairman MEEKS of the sub- (B) a depository institution designated date that is 2 years after the date of the en- committee have prioritized examining pursuant to section 5 of the Ensuring Diver- actment of this Act. the important role of minority deposi- sity in Community Banking Act that is well SEC. 14. TASK FORCE ON LENDING TO SMALL tory institutions, MDIs, and the role capitalized, as defined by the appropriate BUSINESS CONCERNS. they play in our financial system, and Federal banking agency. (a) IN GENERAL.—Not later than 6 months we have worked on developing policies (2) INSURED AMOUNT.—The term ‘‘insured after the date of the enactment of this Act, to support their efforts. amount’’ means the amount that is the the Administrator of the Small Business Ad- greater of— ministration shall establish a task force to Over the course of a series of hear- (A) the standard maximum deposit insur- examine methods for improving relation- ings in this Congress, the committee ance amount (as defined in section 11(a)(1)(E) ships between the Small Business Adminis- has engaged with bank and credit of the Federal Deposit Insurance Act (12 tration and community development finan- union CEOs, with consumer groups, U.S.C. 1821(a)(1)(E))); or cial institutions, minority depository insti- with experts and regulators all about (B) such higher amount negotiated be- tutions, and Impact Banks to increase the how Congress can help or reverse the tween the Secretary of the Treasury and the volume of loans provided by such institu- decline in our Nation’s minority depos- Federal Deposit Insurance Corporation under tions to small business concerns (as defined itory institutions, MDIs, particularly which the Corporation will insure all depos- under section 3 of the Small Business Act (15 its of such higher amount. U.S.C. 632)). Black-owned banks. (3) FEDERAL BANKING AGENCIES.—The terms (b) REPORT TO CONGRESS.—Not later than This is important because the data ‘‘appropriate Federal banking agency’’ and 18 months after the establishment of the shows that MDIs serve the credit needs ‘‘Federal banking agencies’’ have the mean- task force described in subsection (a), the of low-income areas and serve them ing given those terms, respectively, under Administrator of the Small Business Admin- well and that these areas have a high section 3 of the Federal Deposit Insurance istration shall submit to Congress a report percentage of the unbanked and under- Act. on the findings of such task force. banked. (4) QUALIFYING ACCOUNT.—The term ‘‘quali- SEC. 15. DISCRETIONARY SURPLUS FUNDS. Unfortunately, these institutions fying account’’ means any account estab- (a) IN GENERAL.—Subparagraph (A) of sec- lished in the Department of the Treasury have shrunk in numbers in recent tion 7(a)(3) of the Federal Reserve Act (12 years. The number peaked in 2008 at 215 that— U.S.C. 289(a)(3)(A)) is amended by reducing (A) is controlled by the Secretary; and the dollar figure described in such subpara- MDI banks. Now that number is at just (B) is expected to maintain a balance graph by $1,400,000,000. 143 MDI banks as of the second quarter greater than $200,000,000 for the following 24- (b) EFFECTIVE DATE.—The amendment of 2020, representing less than 3 percent month period. made by subsection (a) shall take effect on of all FDIC-insured institutions. SEC. 13. STREAMLINED COMMUNITY DEVELOP- September 30, 2030. In 2008 we had 41 Black-owned banks, MENT FINANCIAL INSTITUTION AP- SEC. 16. DETERMINATION OF BUDGETARY EF- PLICATIONS AND REPORTING. and today we have 18. This calls for FECTS. (a) APPLICATION PROCESSES.—Not later congressional action. The budgetary effects of this Act, for the than 12 months after the date of the enact- Furthermore, during this pandemic, ment of this Act and with respect to any per- purpose of complying with the Statutory low-income and minority communities Pay-As-You-Go Act of 2010, shall be deter- son having assets under $3,000,000,000 that have been hit the hardest. MDIs along submits an application for deposit insurance mined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legisla- with community development financial with the Federal Deposit Insurance Corpora- institutions, CDFIs, have delivered re- tion that could also become a community de- tion’’ for this Act, submitted for printing in velopment financial institution, the Federal the Congressional Record by the Chairman of lief to these low-income communities Deposit Insurance Corporation, in consulta- the House Budget Committee, provided that during this pandemic. After Chair- tion with the Administrator of the Commu- such statement has been submitted prior to woman WATERS and the other members nity Development Financial Institutions the vote on passage. of this committee fought hard to en- Fund, shall— The SPEAKER pro tempore (Mr. sure that MDIs and CDFIs could par- (1) develop systems and procedures to BEYER). Pursuant to the rule, the gen- ticipate in the Paycheck Protection record necessary information to allow the tleman from California (Mr. SHERMAN) Program, MDIs and CDFIs were able to Administrator to conduct preliminary anal- and the gentleman from South Caro- ysis for such person to also become a com- provide some $16 billion of loans to lina (Mr. TIMMONS) each will control 20 munity development financial institution; over 220,000 small businesses and mi- and minutes. nority-owned businesses across the (2) develop procedures to streamline the The Chair recognizes the gentleman country. application and annual certification proc- from California. But Congress must do more to sup- esses and to reduce costs for such person to GENERAL LEAVE port these institutions. Toward that become, and maintain certification as, a Mr. SHERMAN. Mr. Speaker, I ask end, H.R. 5322 provides a series of re- community development financial institu- unanimous consent that all Members forms that will preserve, grow, and en- tion. (b) IMPLEMENTATION REPORT.—Not later may have 5 legislative days within courage the chartering of new MDIs, as than 18 months after the date of the enact- which to revise and extend their re- well as promote the effective engagement of this Act, the Federal Deposit Insur- marks on this legislation and to insert ment between MDIs and prudential reg- ance Corporation shall submit to Congress a extraneous material thereon. ulators. report describing the systems and procedures The SPEAKER pro tempore. Is there This bill will encourage investments required under subsection (a). objection to the request of the gen- in MDIs, in part by strengthening a mi- (c) ANNUAL REPORT.— tleman from California? nority bank deposit program so that (1) IN GENERAL.—Section 17(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. There was no objection. Treasury deposits Federal funds, funds 1827(a)(1)) is amended— Mr. SHERMAN. Mr. Speaker, I yield which it manages in MDIs, thus pro- (A) in subparagraph (E), by striking ‘‘and’’ myself such time as I may consume. viding MDIs with more funds that they at the end; I rise in strong support of H.R. 5322, can then lend. (B) by redesignating subparagraph (F) as the Ensuring Diversity in Community Furthermore, the bill encourages subparagraph (G); Banking Act of 2019. I would like to more partnerships between MDIs and (C) by inserting after subparagraph (E) the thank Mr. MEEKS, the chairman of the large banks through the Department of following new subparagraph: Consumer Protection and Financial In- Treasury’s mentor-protege program, ‘‘(F) applicants for deposit insurance that stitutions Subcommittee for his lead- could also become a community development which should promote information financial institution (as defined in section ership on this important issue. sharing and more investments in MDIs. 103 of the Riegle Community Development For over 22 years I have worked and The bill also creates a new category and Regulatory Improvement Act of 1994), a watched Mr. MEEKS as he has devoted of small banks called ‘‘impact banks’’ minority depository institution (as defined prodigious quantities of his time and that provide most of their lending to

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.026 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4601 low-income borrowers and would also bring a strong bipartisan bill to the fully insured with these institutions benefit from some of the bill’s provi- floor that supports communities in which can on-lend the money in com- sions to ensure that we can do all we need. munities that need it. can to support low-income and minor- Mr. Speaker, I urge my colleagues to Number two, the bill calls on regu- ity communities. support this bill, and I reserve the bal- lators to take greater ownership of We also appreciate the collaboration ance of my time. their own failings in the area of diver- demonstrated by ranking member of Mr. SHERMAN. Mr. Speaker, I yield sity by auditing the diversity of the the full committee Mr. MCHENRY and 3 minutes to the gentleman from New bank examiner corps, publishing the other committee Republicans, as this York (Mr. MEEKS), the author of this data, and considering how their own bill was voted out of the committee in legislation. lack of diversity and lack of special December by a unanimous vote of 52–0. Mr. MEEKS. Mr. Speaker, I thank training harms their effectiveness. This bill has broad support, including the gentleman for yielding. Let me just Number three, the bill establishes a from the National Bankers Associa- say how proud I am that the House is new impact bank designation for those tion, the Independent Community taking up my bill today, the Ensuring institutions that lend primarily to low- Bankers of America, the American Diversity in Community Banking Act. income communities and provides Bankers Association, the Credit Union I am especially grateful for the sup- these banks access to the deposits pro- National Association, and the National port from Financial Services Chair- grams established by this bill. Association of Federally-Insured Credit woman MAXINE WATERS and for her Number four, the bill also calls on Unions. guidance and for working with me to the Congress to continue supporting Mr. Speaker, I urge Members to sup- make sure that we progress and move the CDFI Fund of the Treasury Depart- port H.R. 5322, and I reserve the bal- this bill. ment. ance of my time. I am likewise eternally grateful to The SPEAKER pro tempore. The Mr. TIMMONS. Mr. Speaker, I yield Ranking Member MCHENRY, who time of the gentleman has expired. myself such time as I may consume. worked with us very closely to make Mr. SHERMAN. Mr. Speaker, I yield Mr. Speaker, I thank the gentleman sure that this bill had true, strong bi- an additional 1 minute to the gen- from New York for introducing this partisan support. As a result, it passed tleman from New York. bill. He has worked in good faith with the House Financial Services Com- Mr. MEEKS. Mr. Speaker, the CDFI Republican Members over the past year mittee unanimously. Without that Fund leverages limited government to reach a bipartisan solution on this partnership, this would not have hap- funding to crowd-in significant private important issue. pened. sector capital and foster innovation, The Financial Services Committee So, I thank both the chair and the investments, and market-oriented solu- has held several hearings over the past ranking member, and all the members tions to tackle some of our Nation’s year on the state of minority deposi- of this committee, for doing this. This most persistent challenges in poverty tory institutions, or MDIs, and commu- bill passed in committee unanimously alleviation. This program has earned nity development financial institu- and has gained the support of consumer strong bipartisan support historically tions, or CDFIs. advocacy groups, civil rights organiza- and proven itself immensely valuable Both MDIs and CDFIs provide crit- tions, and the financial services indus- during this pandemic. ical services and support to their com- try. We tried to bring everybody to- Let me also say that what this does munities. Unfortunately, the number gether on this, and we did come up is it also helps our small businesses in of these institutions has been declining with a consensus bill. the communities and helps create at an alarming rate. Communities of color have borne a wealth in communities where it is not. Burdensome regulations and a lack of disproportionate burden of the COVID With the homeownership aspect, it en- access to capital have caused many of pandemic, as measured by the infection courages individuals to buy, to own the these MDIs to either consolidate or be and mortality rates, as well as jobs lost home and to rent the car because the forced to shut their doors for good. It is and wealth destroyed. This pandemic home becomes an appreciating asset simply too hard for these smaller insti- and the economic crisis it triggered and the car the depreciating asset. It tutions to remain viable in the current devastated communities that had yet brings us all together so we can enjoy environment. to fully recover from the financial cri- what has become the American Dream. The bill we are considering today sis of 2008. Let me close by once again thanking promotes policies and establishes pro- Minority banks, credit unions, and my colleagues for their bipartisan sup- grams to support MDIs and CDFIs and community development financial in- port for this important legislation. I the customers and communities they stitutions have remained the bright thank all of my colleagues for working serve. spot during this pandemic, given their together to make this a better place, Importantly, the bill seeks to pro- focus of providing financial services to and I urge all of my colleagues to vote mote engagement in the Department of communities of color and low- and in support of this bill. the Treasury’s mentor-protege pro- moderate-income communities. How- Mr. TIMMONS. Mr. Speaker, I urge gram to encourage collaboration be- ever, despite their success serving my colleagues to support H.R. 5322, and tween MDIs and institutions that act these communities, minority deposi- I yield back the balance of my time. as financial agents for the Federal Gov- tory institutions have been dis- Mr. SHERMAN. Mr. Speaker, I yield ernment. appearing at an alarming rate, leading myself the balance of my time. The bill also directs each of the Fed- to expanding banking deserts and a MDIs face several challenges, includ- eral banking regulators to establish growing share of the population vulner- ing the ability to raise capital despite MDI advisory councils to ensure MDI able to payday lenders and other preda- overall strong financial performance. voices are heard without weakening or tory financial institutions. They face challenges experienced as a duplicating current efforts. To address this, this bill does the fol- result of servicing communities that The bill also allows banks to be des- lowing: are often first and hardest hit by eco- ignated as an impact bank. This allows Number one, minority depository in- nomic downcycles. This decline is con- any bank that serves a majority of low- stitutions are smaller than their peers, tributing to a growing incidence of income borrowers to be considered as pose no credible systemic risk, and banking deserts in minority commu- an option to hold government deposits. focus overwhelmingly on underbanked nities. This program will bolster the ability of communities of color, investing in This bill will help turn this dan- banks to serve their communities. homeownership and small business gerous tide so that individuals in more Finally, the bill streamlines the ap- lending, helping to close the wealth ZIP Codes will have access to safe plication reporting requirements to be- gap. My bill makes it easier for MDIs banking. come and remain a CDFI. that are also community development I again thank Mr. MEEKS for author- I appreciate the gentleman from New organizations to raise capital from pri- ing this legislation and for all of his York for his willingness to work with vate investors and directs the Federal dedication to the Financial Services committee Republicans so that we can Government to deposit funds that are Committee. I also thank Chairwoman

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.079 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4602 CONGRESSIONAL RECORD — HOUSE September 21, 2020 WATERS and Ranking Member from the application of paragraph (1) pursu- rating be issued by a specific credit MCHENRY and the other members of the ant to subparagraph (A), the Secretary or rating agency or has required that the committee. Board of Governors, as applicable, shall, as rating be from a specific category of Mr. Speaker, I urge Members to sup- soon as practicable after such exclusion, dis- NRSROs, such as the so-called major close to the public the reasoning for such ex- NRSROs. port H.R. 5322, and I yield back the bal- clusion. Often, these categories are self-cre- ance of my time. ‘‘(3) NATIONALLY RECOGNIZED STATISTICAL The SPEAKER pro tempore. The RATING ORGANIZATION.—In this subsection, ated by the Federal Reserve and have question is on the motion offered by the term ‘nationally recognized statistical been undefined and unclear to issuers. the gentleman from California (Mr. rating organization’ has the meaning given These requirements act as an obstacle SHERMAN) that the House suspend the that term under section 3 of the Securities between issuers and these lending fa- rules and pass the bill, H.R. 5322, as Exchange Act of 1934 (15 U.S.C. 78c).’’. cilities. This clearly was not Congress’ amended. (b) GAO STUDY.— intent, as it goes against Dodd-Frank, (1) STUDY.—The Comptroller General of the which mandates that we foster com- The question was taken; and (two- United States shall carry out a study on— thirds being in the affirmative) the petition among NRSROs rather than (A) the quality of credit ratings across na- trying to make sure that companies rules were suspended and the bill, as tionally recognized statistical ratings orga- amended, was passed. nizations (as defined under section 3 of the rely only on an oligarchy of three A motion to reconsider was laid on Securities Exchange Act of 1934), including NRSROs. the table. during the 2008 economic crisis; As chair of the Subcommittee on In- (B) the effect of competition on the quality vestor Protection, Entrepreneurship, f of credit ratings and on the ability of small- and Capital Markets, I am quite famil- b 1615 and mid-size companies and financial insti- iar with the work that has been done in tutions to access the capital markets; and the last decade to end overreliance on UNIFORM TREATMENT OF NRSROS (C) the implementation of the amendment ACT the big three credit agencies, which led made by subsection (a). us into the 2008 crisis. It is those big Mr. SHERMAN. Mr. Speaker, I move (2) REPORT.—Not later than one year after three that gave AAA ratings to Alt-A to suspend the rules and pass the bill the date of enactment of this Act, the Comp- lendings, which I believe is what (H.R. 6934) to amend the CARES Act to troller General shall issue a report to the Congress containing all finding and deter- caused the 2008 crisis. require the uniform treatment of na- minations made in carrying out the study re- Decisions by the Fed and Treasury tionally recognized statistical rating quired under paragraph (1). with respect to many lending facilities organizations under certain programs The SPEAKER pro tempore. Pursu- have threatened to undo our work to carried out in response to the COVID– try to diversify the availability of dif- ant to the rule, the gentleman from 19 emergency, and for other purposes, ferent NRSROs. California (Mr. SHERMAN) and the gen- as amended. H.R. 6934, which is limited to facili- tleman from South Carolina (Mr. The Clerk read the title of the bill. ties which have been stood up in re- TIMMONS) each will control 20 minutes. The text of the bill is as follows: sponse to the COVID–19 pandemic, will The Chair recognizes the gentleman set clear credit rating standards for H.R. 6934 from California. Be it enacted by the Senate and House of Rep- both the Federal Reserve and its GENERAL LEAVE resentatives of the United States of America in issuers. It also clarifies Congress’ in- Congress assembled, Mr. SHERMAN. Mr. Speaker, I ask tent and will ensure that its legislative SECTION 1. SHORT TITLE. unanimous consent that all Members objectives are carried out at the agen- This Act may be cited as the ‘‘Uniform have 5 legislative days within which to cy level. Treatment of NRSROs Act’’. revise and extend their remarks on this Most importantly, however, the leg- SEC. 2. UNIFORM TREATMENT OF NRSROS. legislation and to insert extraneous islation will result in more issuers hav- (a) IN GENERAL.—Section 4003 of the material thereon. ing access to these lending facilities, CARES Act (15 U.S.C. 9042), as amended by The SPEAKER pro tempore. Is there an important objective during this pan- section 902, is further amended by adding at objection to the request of the gen- demic and economic downturn, while it the end the following: tleman from California? will still ensure that there are stand- ‘‘(m) UNIFORM TREATMENT OF NRSROS.— There was no objection. ards in effect that will adequately pro- ‘‘(1) IN GENERAL.—If, in carrying out this Mr. SHERMAN. Mr. Speaker, I yield tect the facility and the interests of section or any other program making use of myself as much time as I may con- the taxpayer. a facility established under section 13(3) of Mr. Speaker, I greatly appreciate the Federal Reserve Act in response to the sume. Congresswoman DEAN’s leadership in COVID–19 emergency, the Secretary of the Mr. Speaker, I rise in support of H.R. Treasury or the Board of Governors of the 6934, the Uniform Treatment of bringing forth this important legisla- Federal Reserve System establishes a re- NRSROs, which is sponsored by Con- tion, and I reserve the balance of my quirement for an entity, security, or other gresswoman DEAN from Pennsylvania. time. instrument to carry a minimum credit rat- This important legislation from Con- Mr. TIMMONS. Mr. Speaker, I yield ing, the Secretary or the Board of Governors gresswoman DEAN will ensure that myself such time as I may consume. shall accept credit ratings provided by any qualified issuers have fair access to Mr. Speaker, I would like to thank nationally recognized statistical rating orga- lending facilities, and it will ensure the gentlewoman from Pennsylvania nization with respect to such entity, secu- EAN) for introducing this bipar- that these facilities are granted on (Ms. D rity, or other instrument, if the nationally tisan bill. recognized statistical rating organization is clear terms. Since the early days of the pandemic, registered with the Securities and Exchange This is not a time where agencies the Federal Reserve has acted swiftly Commission to issue credit ratings with re- such as the Federal Reserve should just to ensure liquidity is available to com- spect to the applicable asset class of the en- make it up as they go along, especially tity, security, or other instrument. panies of all sizes across the country. when these policies disproportionately The emergency facilities support busi- ‘‘(2) EXCEPTION.— harm small and mid-sized companies. ‘‘(A) IN GENERAL.—The Secretary or the nesses and, in turn, their workers and Thus, my colleague, Ms. DEAN, intro- Board of Governors may exclude a nationally customers. recognized statistical rating organization duced, and I was pleased to cosponsor, The committee has continually from the application of paragraph (1) if, in legislation to provide clarity in the called for a broad-based approach to consultation with the Securities and Ex- lending process by ensuring that na- aid our businesses and communities change Commission, the Secretary or Board tionally recognized statistical rating throughout this economic crisis. H.R. of Governors, as applicable, determines that organizations, also referred to as 6934 simply encourages the Federal Re- the nationally recognized statistical rating NRSROs, are treated uniformly. serve to include companies that have organization is unable to provide reliable More specifically, the Federal Re- credit ratings from all SEC-registered and accurate ratings for a particular asset serve and Treasury often require a class and that such exclusion is in the public and supervised NRSROs as participants interest. credit rating to apply for participation in its emergency facilities. ‘‘(B) REPORT.—If the Secretary or the in a lending facility. When there is Though the Federal Reserve revised Board of Governors excludes a nationally such a requirement, the Federal Re- some of the requirements for compa- recognized statistical rating organization serve has, at times, required that the nies with credit ratings from smaller

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.081 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4603 NRSROs, there are still companies left cess, transparency, and healthy com- Financing’’ concludes, ‘‘While money laun- on the sidelines. This bill will ensure petition, without compromising qual- dering, terrorism financing, and WMD pro- small and mid-sized businesses have ac- ity, at a time when it is needed most. liferation financing differ qualitatively and Mr. Speaker, I thank Chairwoman quantitatively, the illicit actors engaging in cess to the facilities that provide nec- these activities can exploit the same essary support. WATERS, the Financial Services Com- vulnerabilities and financial channels.’’. An open and transparent process is mittee staff, and, importantly, my Re- (3) Among those are bad actors engaged in essential to the success of the emer- publican colead, Representative ANDY trafficking, whether they trade in drugs, gency facilities. This bill supports that BARR, for their work on this legislation arms, cultural property, wildlife, natural re- process. to help struggling businesses get the sources, counterfeit goods, organs, or, even, Mr. Speaker, I urge my colleagues to capital they need. other humans. support the bill, and I reserve the bal- Mr. Speaker, I urge my colleagues to (4) Their illegal (or ‘‘dark’’) markets use ance of my time. similar and sometimes related or overlap- support this legislation. ping methods and means to acquire, move, Mr. SHERMAN. Mr. Speaker, I yield Mr. TIMMONS. Mr. Speaker, I am and profit from their crimes. 3 minutes to the gentlewoman from prepared to close. (5) In a March 2017, report from Global Fi- Pennsylvania (Ms. DEAN), the author of I would simply urge my colleagues to nancial Integrity, ‘‘Transnational Crime and this legislation. support H.R. 6934, and I yield back the the Developing World’’, the global business Ms. DEAN. Mr. Speaker, I thank my balance of my time. of transnational crime was valued at $1.6 colleague and friend and chair for Mr. SHERMAN. Mr. Speaker, I yield trillion to $2.2 trillion annually, resulting in yielding, and I thank my colleague on myself the balance of my time. crime, violence, terrorism, instability, cor- the other side of the aisle for his sup- Mr. Speaker, I again would like to ruption, and lost tax revenues worldwide. port for this bill. thank my colleague from Pennsylvania SEC. 3. GAO STUDY. (a) STUDY.—The Comptroller General of Mr. Speaker, I rise in support of H.R. (Ms. DEAN) for introducing, supporting, the United States shall carry out a study 6934, the Uniform Treatment of and, in effect, passing this legislation on— NRSROs Act. here today. It will help qualified (1) the major trafficking routes used by NRSROs are nationally recognized issuers have access to lending facili- transnational criminal organizations, terror- statistical rating agencies. This is a bi- ties; it will ensure that that access to ists, and others, and to what extent the traf- partisan bill that addresses businesses’ facilities is granted on terms that are ficking routes for people (including chil- need for greater access to Federal lend- clear; and it will ensure that Congress’ dren), drugs, weapons, cash, child sexual ex- ing facilities in the time of COVID and ploitation materials, or other illicit goods legislative intent is carried out and is are similar, related, or cooperative; a uniform treatment of credit rating consistent with the policy of Congress (2) commonly used methods to launder and agencies in the application process for that we have focused on in the Investor move the proceeds of trafficking; these much-needed loans. Protection, Entrepreneurship, and Cap- (3) the types of suspicious financial activ- In response to the economic crisis re- ital Markets Subcommittee to make ity that are associated with illicit traf- sulting from the COVID–19 pandemic, sure that we are not overly reliant on ficking networks, and how financial institu- several lending facilities have been cre- just three credit rating agencies. tions identify and report such activity; ated to assist struggling businesses at Mr. Speaker, I yield back the balance (4) the nexus between the identities and finances of trafficked persons and fraud; this difficult time. The Federal Re- of my time. serve and Treasury, however, have lim- (5) the tools, guidance, training, partner- The SPEAKER pro tempore. The ships, supervision, or other mechanisms that ited access to these facilities to busi- question is on the motion offered by Federal agencies, including the Department nesses whose assets have been rated by the gentleman from California (Mr. of the Treasury’s Financial Crimes Enforce- only a select few credit rating agen- SHERMAN) that the House suspend the ment Network, the Federal financial regu- cies, making it unnecessarily difficult rules and pass the bill, H.R. 6934, as lators, and law enforcement, provide to help for many businesses to access much- amended. financial institutions identify techniques needed resources. The question was taken; and (two- and patterns of transactions that may in- In Pennsylvania alone, several small thirds being in the affirmative) the volve the proceeds of trafficking; and mid-sized companies as well as mu- (6) what steps financial institutions are rules were suspended and the bill, as taking to detect and prevent bad actors who nicipal bond issuers have been excluded amended, was passed. are laundering the proceeds of illicit traf- from the facilities or have their ratings A motion to reconsider was laid on ficking, including data analysis, policies, from nonapproved rating agencies the table. training procedures, rules, and guidance; called into question by the market. f (7) what role gatekeepers, such as lawyers, This legislation seeks to remove notaries, accountants, investment advisors, these barriers by amending the CARES STOPPING TRAFFICKING, ILLICIT logistics agents, and trust and company Act to require that the Federal Reserve FLOWS, LAUNDERING, AND EX- service providers, play in facilitating traf- and Treasury accept ratings from any PLOITATION ACT OF 2020 ficking networks and the laundering of illicit proceeds; and nationally recognized statistical rating Mr. SHERMAN. Mr. Speaker, I move (8) the role that emerging technologies, in- organization, or NRSRO. This would to suspend the rules and pass the bill cluding artificial intelligence, digital iden- have the effect of opening up access to (H.R. 7592) to require the Comptroller tity technologies, blockchain technologies, the facilities to issuers with a rating General of the United States to carry virtual assets, and related exchanges and on- from any duly recognized NRSRO that out a study on trafficking, and for line marketplaces, and other innovative has been approved in the relevant asset other purposes. technologies, can play in both assisting with class by the SEC. The Clerk read the title of the bill. and potentially enabling the laundering of This legislation would also require The text of the bill is as follows: proceeds from trafficking. (b) CONSULTATION.—In carrying out the the Comptroller General to issue, with- H.R. 7592 study required under subsection (a), the in 1 year of enactment, a study on the Be it enacted by the Senate and House of Rep- Comptroller General shall solicit feedback quality of credit rating agencies across resentatives of the United States of America in and perspectives to the extent practicable NRSROs, including during the 2008 cri- Congress assembled, from survivor and victim advocacy organiza- sis. The study would also explore the SECTION 1. SHORT TITLE. tions, law enforcement, research organiza- effect of competition on the quality of This Act may be cited as the ‘‘Stopping tions, private-sector organizations (includ- Trafficking, Illicit Flows, Laundering, and ing financial institutions and data and tech- credit ratings and on the ability of nology companies), and any other organiza- Exploitation Act of 2020’’ or the ‘‘STIFLE small and mid-sized companies and fi- tion or entity that the Comptroller General Act of 2020’’. nancial institutions to access the cap- determines appropriate. ital markets. SEC. 2. FINDINGS. (c) REPORT.—The Comptroller General At a time of unprecedented economic The Congress finds the following: shall issue one or more reports to the Con- uncertainty, we need to make sure that (1) Trafficking is a national-security gress containing the results of the study re- threat and an economic drain of our required under subsection (a). The first report small and mid-sized businesses have ac- sources. shall be issued not later than the end of the cess to capital markets needed to sur- (2) As the U.S. Department of the Treas- 15-month period beginning on the date of the vive and recover. By expanding eligible ury’s recently released ‘‘2020 National Strat- enactment of this Act. The reports shall con- NRSROs, this legislation opens up ac- egy for Combating Terrorist and Other Illicit tain—

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.084 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4604 CONGRESSIONAL RECORD — HOUSE September 21, 2020 (1) all findings and determinations made in ment, civil society, individuals on our I look forward to working with both carrying out the study required under sub- streets, our economy, our national se- of them as we continue in our efforts to section (a); and curity, and, of course, the human end trafficking once and for all. (2) recommendations for any legislative or rights of so many thousands of people I urge my colleagues to support this regulatory changes necessary to combat trafficking or the laundering of proceeds who are trafficked around the world. bill, and I reserve the balance of my from trafficking. Mr. Speaker, I thank Mr. MCADAMS time. and Mr. GONZALEZ for introducing this Mr. SHERMAN. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- bill to help identify concrete opportu- 3 minutes to the gentleman from Utah ant to the rule, the gentleman from nities for action to combat these crimi- (Mr. MCADAMS). California (Mr. SHERMAN) and the gen- nals and terrorists who engage in this Mr. MCADAMS. Mr. Speaker, I rise in tleman from South Carolina (Mr. illicit trade by focusing on our finan- support of the Stopping Trafficking, Il- TIMMONS) each will control 20 minutes. licit Flows, Laundering and Exploi- The Chair recognizes the gentleman cial system. For these reasons, I urge tation Act of 2020, or the STIFLE Act from California. my colleagues to support H.R. 7592. Mr. Speaker, I reserve the balance of of 2020, bipartisan legislation that I in- GENERAL LEAVE my time. troduced with my colleague, Rep- Mr. SHERMAN. Mr. Speaker, I ask b 1630 resentative ANTHONY GONZALEZ, from unanimous consent that all Members Ohio. may have 5 legislative days within Mr. TIMMONS. Mr. Speaker, I yield Trafficking is a scourge on society, which to revise and extend their re- myself such time as I may consume. leaving millions of victims in its wake. marks on this legislation and insert ex- Mr. Speaker, I rise in support of H.R. Recent reports show that the global traneous material thereon. 7592, the STIFLE Act of 2020. business of transnational crime is val- The SPEAKER pro tempore. Is there Mr. Speaker, in March of 2020, the Fi- ued at between $1.6 to $2.2 trillion an- objection to the request of the gen- nancial Services Committee launched nually, resulting in crime, violence, tleman from California? its bipartisan Counter-Trafficking Ini- terrorism, corruption, and human suf- There was no objection. tiative to explore and expose the fering. Mr. SHERMAN. Mr. Speaker, I yield breadth of transnational trafficking Illicit actors engaged in trafficking— myself as much time as I may con- networks and their illicit financial sys- whether in drugs, arms, wildlife, or- sume. tems. gans, or humans—use dark markets to Mr. Speaker, I rise in strong support As we learned during our additional finance and hide their horrific activi- of H.R. 7592, the Stopping Trafficking, counter-trafficking hearing, ties and their profits. We need to iden- Illicit Flows, Laundering, and Exploi- transnational criminal organizations tify, disrupt, and prosecute these finan- tation Act of 2020, the STIFLE Act, in- rarely limit their trafficking to one cial networks to stop these abhorrent troduced by Representatives MCADAMS sector. Often, these criminals will ac- crimes. And that is what the STIFLE and GONZALEZ. quire and traffic anything that will Act does. This bill would commission the Gov- bring them a profit. Needless to say, The STIFLE Act activates tools, ernment Accountability Office to study these criminals have been successful in partnerships, and guidance of a number and analyze the converging attributes their efforts. of Federal agencies to help financial of transnational trafficking networks. Global Financial Integrity, an NGO institutions identify techniques and These shared or overlapping character- that studies illicit financial flows, esti- patterns of transactions that may in- istics and methods, such as supply mates that the global business of volve the proceeds of trafficking. chains, facilitators, or gatekeepers, transnational crime is valued between The legislation requires a report to and the movement of finances make it $1.6 trillion to $2.2 trillion annually. To Congress with recommended actions possible for traffickers in a host of dif- be frank, Mr. Speaker, we have a lot of necessary to combat trafficking or ferent areas to move their illicit pro- work to do. money laundering of the proceeds. ceeds and evade detection. Following our counter-trafficking We must attack trafficking networks By better understanding the ‘‘busi- hearing this Congress, Mr. MCADAMS from all sides, using any effective ap- ness models’’ that underlie these net- and Mr. GONZALEZ worked diligently proach. Targeting the finances of these works, we can better combat their ter- and across party lines to craft a networks is a key way that we can rible acts in a host of different areas, thoughtful piece of legislation to help crack down on these illicit activities. ranging from selling illicit drugs to to answer some of the outstanding The STIFLE Act is just one compo- trafficking in modern slavery. We have questions trafficking experts brought nent of the bipartisan Counter-Traf- focused on illicit trafficking—human before the committee in March. ficking Initiative that the Financial trafficking, drug trafficking, et H.R. 7592 instructs the Comptroller Services Committee launched earlier cetera—in the Foreign Affairs Com- General to carry out a detailed study this year. The long-term committee ef- mittee. on trafficking issues. This would range fort is designed to explore and expose Mr. Speaker, I commend the mem- from the major routes trafficking net- the breadth and reach of international bers of the Financial Services Com- works use, how these criminals launder transnational trafficking networks and mittee for focusing on this issue, since and move the proceeds of their crimes, their illicit finances. the linchpin, the Achilles heel, of many suspicious activity that law enforce- I thank Chairwoman WATERS and of these trafficking networks is their ment can focus on when investigating Ranking Member MCHENRY for focus- financial movements, their access to these crimes, and the steps financial ing our committee on this important the financial system, and this may be institutions are taking to detect and work. the way to accomplish an awful lot to prevent bad actors who are laundering Mr. Speaker, we must do more to stop this illicit trafficking. the proceeds of trafficking. protect innocent victims of trafficking The STIFLE Act is part of the House H.R. 7592 is exactly the type of bill and take down the trafficking net- Financial Services Committee’s bipar- we as policymakers need, to learn how works that prey upon our most vulner- tisan Counter-Trafficking Initiative, these illicit activities are being carried able. This bipartisan bill is a step in introduced in March to address this out and what we must do to make it as that direction. pervasive issue that is a threat to all of hard as possible for these criminals to Mr. Speaker, I urge my colleagues to our constituents and communities. succeed. support this important legislation. Human trafficking, drug trafficking, I would like to thank both Congress- Mr. TIMMONS. Mr. Speaker, I simply wildlife trafficking, and the prolifera- man MCADAMS as well as Congressman urge my colleagues to support H.R. tion of weapons of mass destruction are GONZALEZ for taking the Counter-Traf- 7592, and I yield back the balance of my just a few examples of the illicit mar- ficking Initiative seriously and coming time. kets that generate an estimated $2.2 away from our initial hearing with an Mr. SHERMAN. Mr. Speaker, I yield trillion, annually. The resulting pro- understanding that there is more work myself the balance of my time. ceeds and instability benefit bad ac- that needs to be done to deal with il- Mr. Speaker, in closing, under- tors, while threatening the environ- licit trafficking. standing the business of trafficking—

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.029 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4605 whether it be illicit drugs, whether it tion and the Securities and Exchange Com- I support this legislation and I thank be human trafficking, whether it be mission shall, jointly, establish a working my colleague from Iowa for her leader- terrorism, et cetera—is fundamental to group to be known as the ‘‘Consumer and In- ship in bringing it forward. Congress- vestor Fraud Working Group’’ (the ‘‘Working stopping transnational crime, and the Group’’). woman AXNE’s legislation will mark a harm that it causes and the victims it (b) DUTIES.—The Working Group shall fa- major step in improving efforts to pro- creates in communities worldwide. cilitate collaboration between the Bureau of tect consumers and investors alike by The House Financial Services Com- Consumer Financial Protection and the Se- requiring the Consumer Financial Pro- mittee’s bipartisan Counter-Traf- curities and Exchange Commission on— tection Bureau, the CFPB, and the Se- ficking Initiative is a comprehensive (1) providing resources to consumers and curities and Exchange Commission, the approach to this challenge and is a investors to avoid fraud during the COVID–19 SEC, to establish a joint working group pandemic; very important adjunct to the Foreign (2) providing resources, including informa- with the purpose of addressing and pre- Affairs Committee’s work to stop il- tion on the availability of legal aid re- venting predatory and deceptive finan- licit trafficking, particularly human sources, to consumers and investors who cial practices during this COVID–19 cri- trafficking. have been adversely impacted by such fraud; sis. We need to examine these illicit net- and Under this bill, this joint CFPB-SEC works as a whole, whether they engage (3) such other topics as the Working Group working group will be required to con- in narcotics, timber, endangered spe- determines appropriate. sult and collaborate with other Federal (c) COORDINATION WITH OTHER AGENCIES.— and State agencies, where appropriate, cies, rare earths, or, tragically, human In carrying out the duties described under trafficking of men and women—modern subsection (b), the Working Group shall co- to ensure fraud does not slip through slavery. ordinate and collaborate with other Federal the cracks during this COVID–19 pan- So I look forward to all of the com- and State government agencies, as appro- demic and appropriately report their mittees of this Congress focusing on priate. efforts to Congress. these criminal traffickers. H.R. 7592, (d) QUARTERLY REPORT.—The Working As we know, unfortunately, in times the STIFLE Act, is a significant piece Group shall issue a quarterly report to the of uncertainty like the one we face Committee on Financial Services of the today, predatory actors can and have of that effort, tapping into the knowl- House of Representatives and the Committee edge from survivor and victim advo- on Banking, Housing, and Urban Affairs of sought to take advantage of confusion cacy organizations, law enforcement, the Senate on the progress of the Working and financial vulnerability, and to take regulators, research organizations, and Group and summarizing— advantage even of desperation from the private sector to be able to focus (1) the resources made publicly available struggling consumers and struggling on the financial system and make sure to consumers by the Working Group; homeowners who need help. These ac- that we keep these traffickers at bay (2) any public enforcement action taken tors cause even further damage to com- and out of the financial system as jointly or individually by any member of the munities that are already hit by the Working Group; crisis of the pandemic and the eco- much as possible. (3) the number and description of consumer Mr. Speaker, I urge my colleagues to complaints received by the Bureau of Con- nomic downturn. support this legislation which is an im- sumer Financial Protection and the Securi- The 2008 crisis is an example of how portant step to protecting our citizens, ties and Exchange Commission regarding much financial devastation that preda- our economy, and our national secu- fraud related to the COVID–19 pandemic; and tory and deceitful actors can wreak on rity. (4) any other actions of the Working our communities, especially when Fed- Mr. Speaker, I yield back the balance Group. eral regulators don’t have the tools to (e) SUNSET.—This section shall cease to cooperate and put a stop to it. Families of my time. have any force or effect on and after Decem- The SPEAKER pro tempore. The ber 31, 2021. that are still impacted by that phase of question is on the motion offered by SEC. 3. DETERMINATION OF BUDGETARY EF- unchecked, toxic lending now have yet the gentleman from California (Mr. FECTS. another crisis to contend to as we must SHERMAN) that the House suspend the The budgetary effects of this Act, for the deal with the COVID crisis. rules and pass the bill, H.R. 7592. purpose of complying with the Statutory As chair of the Subcommittee on In- The question was taken; and (two- Pay-As-You-Go Act of 2010, shall be deter- vestor Protection, Entrepreneurship, mined by reference to the latest statement thirds being in the affirmative) the and Capital Markets, I note that inves- titled ‘‘Budgetary Effects of PAYGO Legisla- tors, too, are at risk of being defrauded rules were suspended and the bill was tion’’ for this Act, submitted for printing in passed. the Congressional Record by the Chairman of and mislead by fraudulent investment A motion to reconsider was laid on the House Budget Committee, provided that schemes. the table. such statement has been submitted prior to As during other times of crises, in- the vote on passage. vestors are at risk of being defrauded f The SPEAKER pro tempore. Pursu- and mislead by so-called investment COVID–19 FRAUD PREVENTION ACT ant to the rule, the gentleman from opportunities claiming to have some novel information, cures, or vaccines, Mr. SHERMAN. Mr. Speaker, I move California (Mr. SHERMAN) and the gen- but are really part of a pump-and-dump to suspend the rules and pass the bill tleman from South Carolina (Mr. scheme where fraudsters intentionally (H.R. 6735) to establish the Consumer TIMMONS) each will control 20 minutes. use false and misleading information and Investor Fraud Working Group to The Chair recognizes the gentleman to boost the price of a stock or other help protect consumers and investors from California. investment and then sell the shares from fraud during the COVID–19 pan- GENERAL LEAVE when the stock rises but before the ma- demic, to assist consumers and inves- Mr. SHERMAN. Mr. Speaker, I ask nipulation is detected. tors affected by such fraud, and for unanimous consent that all Members Congresswoman AXNE’s legislation other purposes, as amended. have 5 legislative days within which to revise and extend their remarks on this will help ensure that the CFPB and the The Clerk read the title of the bill. SEC, as well as other Federal and State The text of the bill is as follows: legislation and insert extraneous material thereon. agencies they work with, will work col- H.R. 6735 The SPEAKER pro tempore. Is there laboratively to identify problematic Be it enacted by the Senate and House of Rep- objection to the request of the gen- patterns and work to prevent future resentatives of the United States of America in schemes where consumers and inves- Congress assembled, tleman from California? There was no objection. tors get ripped off. SECTION 1. SHORT TITLE. Mr. SHERMAN. Mr. Speaker, I yield I commend Mrs. AXNE for her work in This Act may be cited as the ‘‘COVID–19 myself such time as I may consume. drafting this legislation, and if I may Fraud Prevention Act’’. Mr. Speaker, I rise to commend the be a little premature, I also commend SEC. 2. CONSUMER AND INVESTOR FRAUD WORK- gentleman from Utah on the passage of ING GROUP. the gentlewoman on getting this legis- (a) ESTABLISHMENT.—Not later than the his bill, and I rise to support H.R. 6735, lation passed through the House today. end of the 30-day period beginning on the the COVID–19 Fraud Prevention Act, I urge Members to support this legis- date of enactment of this Act, the Director which is authored and put forward by lation, and I reserve the balance of my of the Bureau of Consumer Financial Protec- Congresswoman CINDY AXNE. time.

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.089 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4606 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Mr. TIMMONS. Mr. Speaker, I yield b 1645 (d) SUNSET.—The preceding provisions of myself such time as I may consume. The SPEAKER pro tempore. The this section shall have no force or effect Mr. Speaker, I thank the gentle- after the earlier of— question is on the motion offered by (1) the date that is 7 years after the date of woman from Iowa for introducing this the gentleman from California (Mr. the enactment of this Act; or bill. SHERMAN) that the House suspend the (2) the date that the Secretary reports to At the beginning of the pandemic I rules and pass the bill, H.R. 6735, as the committees specified in subsection (b) was concerned about COVID–19-related amended. that terminating the effectiveness of the fraudulent schemes, particularly those The question was taken; and (two- provisions is important to the national in- targeting seniors who have been dis- thirds being in the affirmative) the terest of the United States, with a detailed proportionately impacted by the virus. rules were suspended and the bill, as explanation of the reasons therefor. The Federal regulators tasked with amended, was passed. The SPEAKER pro tempore. Pursu- weeding out fraud and providing re- A motion to reconsider was laid on ant to the rule, the gentleman from sources for consumers impacted by the table. California (Mr. SHERMAN) and the gen- scams—the CFPB, SEC, and FTC—have f tleman from South Carolina (Mr. been particularly supportive of con- TIMMONS) each will control 20 minutes. PROMOTING SECURE 5G ACT OF sumers during this time. The Chair recognizes the gentleman 2020 To further support this coordinated from California. effort, H.R. 6735 establishes the Con- Mr. SHERMAN. Mr. Speaker, I move GENERAL LEAVE sumer and Investor Fraud Working to suspend the rules and pass the bill Mr. SHERMAN. Mr. Speaker, I ask Group, which will include representa- (H.R. 5698) to direct the Secretary of unanimous consent that all Members tives from the CFPB and SEC, among the Treasury to instruct the United may have 5 legislative days within others. States Executive Directors at the which to revise and extend their re- The working group will work to pro- international financial institutions on marks and to insert extraneous mate- vide resources to consumers and inves- United States policy regarding inter- rials thereon. tors to avoid fraud during the COVID– national financial institution assist- The SPEAKER pro tempore. Is there 19 pandemic and to those who have ance with respect to advanced wireless objection to the request of the gen- been impacted by these types of scams. technologies. tleman from California? In addition, the working group is re- The Clerk read the title of the bill. There was no objection. The text of the bill is as follows: quired to produce a quarterly report to Mr. SHERMAN. Mr. Speaker, I yield the House Financial Services Com- H.R. 5698 myself such time as I may consume. Mr. Speaker, I rise in support of H.R. mittee and Senate Committee on Be it enacted by the Senate and House of Rep- resentatives of the United States of America in 5698, the Promoting Secure 5G Act of Banking, Housing, and Urban Affairs so Congress assembled, 2020, which establishes that at the that Congress can monitor its actions SECTION 1. SHORT TITLE. international financial institutions, and resources made available to the This Act may be cited as the ‘‘Promoting known as IFIs, such as the World Bank, public. Secure 5G Act of 2020’’. it will be U.S. policy that supports the Finally, the bill will ensure robust SEC. 2. UNITED STATES POLICY REGARDING financing for advanced wireless com- government coordination to protect INTERNATIONAL FINANCIAL INSTI- munication technologies, including consumers and investors from TUTION ASSISTANCE WITH RESPECT TO ADVANCED WIRELESS TECH- next-generation 5G networks only if fraudsters looking to take advantage of NOLOGIES. the technologies to be financed provide the crisis. (a) IN GENERAL.—The Secretary of the adequate security for users. Mr. Speaker, I urge my colleagues to Treasury (in this section referred to as the Cybersecurity has been an important support this bill, and I yield back the ‘‘Secretary’’) shall instruct the United States Executive Director at each inter- concern of this House, and it is an im- balance of my time. portant concern of this country. We see Mr. SHERMAN. Mr. Speaker, I yield national financial institution (as defined in section 1701(c)(2) of the International Finan- that in the recent action taken with myself the balance of my time. cial Institutions Act) that it is the policy of regard to TikTok, we see that in the Mr. Speaker, I thank the gentleman the United States to— steps that this House is taking with re- from South Carolina for his work on all (1) support assistance by the institution gard to cybersecurity, and it makes of these bills and his work here today. with respect to advanced wireless tech- sense that our voice and vote at the In closing, Congress must do more to nologies (such as 5th generation wireless international financial institutions be technology for digital cellular networks and ensure that communities are protected used to ensure that the world moves from deceitful actors during the related technologies) only if the technologies provide appropriate security for users; forward with secure 5G networks. COVID–19 period. As we have seen in (2) proactively encourage assistance with This legislation establishes a U.S. po- our immediate past, bad actors often respect to infrastructure or policy reforms sition at the IFIs in support of infra- try to take advantage of people in cri- that facilitate the use of secure advanced structure or policy reforms that facili- sis and the consequences can be signifi- wireless technologies; and tate the use of secure advanced wire- cant unless the Federal Government, (3) cooperate, to the maximum extent less technologies, and it encourages working with the States, actively mon- practicable, with member states of the insti- U.S. cooperation with our allies and tution, particularly with United States allies itors and prevents such deceitful prac- partners to strengthen international tices. and partners, in order to strengthen international support for such technologies. support for such secure technologies. H.R. 6735 will encourage key regu- (b) WAIVER AUTHORITY.—The Secretary I support this legislation because I lators to share information and work may waive subsection (a) on a case-by-case think it reflects a good policy goal and together to identify scams while keep- basis, on reporting to the Committee on Fi- a good example of how central inter- ing Congress informed as to how these nancial Services of the House of Representa- national cooperation is for our own agencies are addressing fraud during tives and the Committee on Foreign Rela- economic and national security goals. the pandemic. tions of the Senate that the waiver— This legislation seeks to use our This bill has the support of consumer (1) will allow the United States to effectively promote the objectives of the policy voice at the IFIs to counter China’s ef- and investor advocate organizations in- described in subsection (a); or forts to expands its 5G influence inter- cluding: Americans for Financial Re- (2) is in the national interest of the United nationally and to expand the use of form, Center for Responsible Lending, States, with an explanation of the reasons Chinese technology with back doors Consumer Federation of America, Na- therefor. and other devices that can be used by tional Consumer Law Center, and Pub- (c) PROGRESS REPORT.—The Chairman of the Chinese Communist Party. This is lic Citizen. the National Advisory Council on Inter- especially important with regard to de- I would like to thank the author of national Monetary and Financial Policies veloping countries. By placing an im- shall include in the annual report required this bill, Representative AXNE, for her by section 1701 of the International Finan- portant strategic U.S. policy goal with- efforts. I urge all Members to support cial Institutions Act a description of in the system of the international fi- H.R. 6735, and I yield back the balance progress made toward advancing the policy nancial institutions, this legislation of my time. described in subsection (a) of this section. recognizes that sustained international

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.091 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4607 cooperation is important for advancing ploit the technology. This is why the sue that policy. It provides flexibility a range of U.S. economic security and United States must have sound policy in the implementation of that policy foreign policy interest, and I welcome when it comes to financing and pro- and keeps Congress informed. that recognition. tecting wireless technologies around It is important to keep in mind that 5G is the next generation of wireless the world. our ability to influence the direction of communications networks. It may very My legislation before the House the IFIs, the international financial in- well be the most extraordinary remak- today, the Promoting Secure 5G Act, stitutions, and to prioritize global ob- ing of the system, controls, and use of would establish a U.S. policy at all jectives in the areas that we think are the airwaves that make up today’s international financial institutions, in- critically important depend in large internet since the internet first came cluding the IMF and World Bank. This part on the degree to which the United into existence. 5G networks, we are policy would require all countries seek- States maintains and exercises strong told, will transform the way we live. ing any financing from those institu- leadership in these international finan- In the global race for 5G, where the tions for any purpose to prove their 5G cial institutions and in the world writ U.S. and China are among the main network is secure. large. contenders, the competition is fierce, Securing multilateral financing for We on the Foreign Affairs Committee and from that frame certainly the core 5G technology is the first step in facili- have focused on the importance of re- of this bill’s proposal—to have the tating equitable competition in the building our relationships and rebuild- international financial institutions global economy. This will eliminate ing America’s status and leadership in support 5G infrastructure only if it is backdoor vulnerabilities that private the world, and we will only be as effec- from trusted vendors—makes sense. We companies and other nations may seek tive in carrying out the intent of this would not want to see this kind of pol- to exploit. One of the biggest offenders legislation as we are in rehabilitating icy cause problems for the missions of is Huawei, a Chinese-based company America’s image. the IFIs if they get further caught up with direct links to China’s Communist For U.S. policy to be effectively ad- in any rivalry between the United Party. vanced in the international financial States and China. But if our money is It is not just the U.S. that shares institutions, other member states at involved in these international finan- these concerns regarding the security these institutions need to believe that cial institutions, then it needs to be of 5G technology. Recently, the U.K. the policies we pursue are not based ex- American policy that those funds be reversed course and outright banned clusively out of a narrow self-interest used only to finance secure 5G net- Huawei by 2027. France announced it but are policies that will help the en- works. will no longer renew licenses for tire world move forward. That said, the success of such a U.S. Huawei. Denmark and Singapore have Mr. Speaker, I support this legisla- policy at the IFIs will depend in large taken steps to avoid the company, and tion, and I urge my colleagues to do part on the state of U.S. leadership India is moving in the same direction the same. I yield back the balance of worldwide not only in those institu- with the potential of an outright ban my time. tions but around the world. Let’s face in the near future. Mr. TIMMONS. Mr. Speaker, I urge it. Over the last 3 years America has Our intelligence community has re- my colleagues to support the bill, and squandered its role as a world leader, peatedly warned of the consequences of I yield back the balance of my time. and we have stretched almost to the handing over the world’s 5G systems to The SPEAKER pro tempore. The breaking point our alliances with our Huawei and the CCP. We would be wise question is on the motion offered by traditional allies. to heed their warning. the gentleman from California (Mr. I look forward to working with ev- Combating aggression from the Chi- SHERMAN) that the House suspend the eryone in Congress over the next few nese Communist Party will take a rules and pass the bill, H.R. 5698. years to recement our international al- whole-of-government approach, and my The question was taken; and (two- liances and put us in a position so that Promoting Secure 5G Act is a good thirds being in the affirmative) the when we speak at the international fi- first step to ensuring every nation con- rules were suspended and the bill was nancial institutions that we are lis- forms to the standards of the global passed. tened to as a world leader and not economy when it comes to 5G tech- A motion to reconsider was laid on mocked as a nation that has one tweet nology. the table. one day and another tweet another I want to thank Ranking Member f day. MCHENRY and my other colleagues who IMPROVING EMERGENCY DISEASE Mr. Speaker, I look forward to the have joined me in this effort. RESPONSE VIA HOUSING ACT OF passage of this legislation, and I urge Mr. Speaker, I urge my colleagues to 2020 my colleagues to support H.R. 5798. support this legislation to ensure the Mr. SHERMAN. Mr. Speaker, I move I reserve the balance of my time. secure and competitive deployment of Mr. TIMMONS. Mr. Speaker, I yield 5G technology around the world, and I to suspend the rules and pass the bill myself such time as I may consume. reserve the balance of my time. (H.R. 6294) to require data sharing re- Mr. Speaker, when many of us think Mr. SHERMAN. Mr. Speaker, I yield garding protecting the homeless from of 5G technology, we immediately myself the balance of my time. coronavirus, and for other purposes, as think of our cell phones. What many of Mr. Speaker, I commend the gen- amended. The Clerk read the title of the bill. us do not think about is the impact 5G tleman from South Carolina for au- The text of the bill is as follows: will have on the global economy once thoring this legislation. Also, again, I the technology is deployed. commend him for spending time this H.R. 6294 Fifth generation cellular technology, afternoon to pass all the legislation Be it enacted by the Senate and House of Rep- resentatives of the United States of America in or 5G, will truly transform the way we that is here before us. Congress assembled, live. It has the power to fuel self-driv- Mr. Speaker, the United States has SECTION 1. SHORT TITLE. ing autonomous vehicles, increase the often looked to the international finan- This Act may be cited as the ‘‘Improving use of artificial intelligence, replace cial institutions to meet strategic ob- Emergency Disease Response via Housing Wi-Fi and broadband, and provide jectives at critical moments, and this Act of 2020’’. speeds expected to be as fast as 100 legislation is a good example of that. SEC. 2. DATA SHARING BETWEEN HUD AND HHS. times greater than current 4G tech- The World Bank and others are cur- (a) IN GENERAL.—For the purpose of in- nology. Once widespread, 5G will touch rently focused on helping developing creasing the ability of the Secretary of nearly every aspect of our lives. nations deal with the coronavirus, but Health and Human Services to target out- As with any new technology, there is soon, they will return to other develop- reach to populations vulnerable to con- now a global race for 5G market share. ment goals. The basic principle of this tracting coronavirus, the Secretary of Hous- ing and Urban Development shall share with In this global race to 5G, it is not just legislation is important because it es- the Secretary of Health and Human Services economic challenges we face. There are tablishes not only what U.S. policy is information regarding the location of also great national security concerns going to be in a particular area, but it projects for supportive housing for the elder- from foreign bad actors who seek to ex- also directs the administration to pur- ly assisted under section 202 of the Housing

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.094 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4608 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Act of 1959 (12 U.S.C. 1701q) and the location of seniors who live in these senior com- work together this month to provide a of Continuums of Care with high concentra- munities. comprehensive response to this public tion of unsheltered homelessness. People experiencing homelessness are crisis, modeled after the HEROES Act, (b) REMOVAL OF PERSONALLY IDENTIFIABLE also particularly vulnerable to COVID– which this House passed in May of this INFORMATION.—In sharing the information required under subsection (a), the Secretary 19 because they are disproportionately year. of Housing and Urban Development shall en- likely to have underlying conditions Our constituents want us to act on sure that appropriate administrative and and because they often do not have the major legislation, but in the mean- physical safeguards are in place to remove means to follow CDC guidelines around time, it is good to pass this bill to help all personally identifiable information. handwashing, social distancing, mask- those who are particularly impacted by (c) CONSULTATION.—The Secretary of Hous- wearing, et cetera. COVID. ing and Urban Development shall consult People experiencing homelessness Mr. Speaker, I urge my colleagues to with the Secretary of Health and Human who contract COVID–19 are twice as Services promptly after the date of the en- join me in supporting this legislation, actment of this Act to provide for the shar- likely to be hospitalized, two to four and I yield back the balance of my ing of the information required under sub- times as likely to require critical care, time. section (a). and two to three times as likely to die The SPEAKER pro tempore. The (d) LIMITATION.—Information shared pursu- as others in the general public. question is on the motion offered by ant to this Act shall not be shared beyond So, Mr. Speaker, I thank Mr. TIPTON the gentleman from California (Mr. the Department of Health and Human Serv- for introducing this bill to help us bet- SHERMAN) that the House suspend the ices or used for purposes beyond those inter protect some of this country’s most rules and pass the bill, H.R. 6294, as tended in the Act. vulnerable people, and I reserve the amended. The SPEAKER pro tempore. Pursu- balance of my time. The question was taken; and (two- ant to the rule, the gentleman from b 1700 thirds being in the affirmative) the California (Mr. SHERMAN) and the gen- rules were suspended and the bill, as tleman from South Carolina (Mr. Mr. TIMMONS. Mr. Speaker, I yield amended, was passed. TIMMONS) each will control 20 minutes. myself such time as I may consume. A motion to reconsider was laid on The Chair recognizes the gentleman Mr. Speaker, I rise in support of H.R. the table. from California. 6294. f GENERAL LEAVE Back in the early days of COVID–19, Mr. SHERMAN. Mr. Speaker, I ask the Republicans on the Committee on NATIONAL SUICIDE HOTLINE unanimous consent that all Members Financial Services anticipated some of DESIGNATION ACT OF 2020 the biggest threats the virus posed and may have 5 legislative days within Mr. MCNERNEY. Mr. Speaker, I which to revise and extend their removed to protect those who were most move to suspend the rules and pass the marks on this legislation and to insert vulnerable. Representative TIPTON in- bill (S. 2661) to amend the Communica- extraneous material thereon. troduced H.R. 6294 so that the Depart- tions Act of 1934 to designate 9–8–8 as The SPEAKER pro tempore. Is there ment of Health and Human Services the universal telephone number for the objection to the request of the gen- and the Department of Housing and purpose of the national suicide preven- tleman from California? Urban Development would be better tion and mental health crisis hotline There was no objection. able to coordinate and target treat- system operating through the National Mr. SHERMAN. Mr. Speaker, I yield ment to folks like the elderly and the Suicide Prevention Lifeline and myself such time as I may consume. disabled. We knew that these were through the Veterans Crisis Line, and Mr. Speaker, I rise in support of H.R. going to be the highest risk, most vul- for other purposes. 6294, the Improving Emergency Disease nerable populations affected by the The Clerk read the title of the bill. Response via Housing Act, which will pandemic and wanted to make sure The text of the bill is as follows: help the Federal Government better States had all the tools they needed to S. 2661 identify and serve populations particu- protect these citizens. larly at risk from COVID–19. Sadly, in some places, we saw the dis- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in This bill will require the Department astrous effect of what happened when Congress assembled, of Housing and Urban Development, local officials failed to act quickly to SECTION 1. SHORT TITLE. HUD, to share with the Department of make sure our seniors were kept safe This Act may be cited as the ‘‘National Health and Human Services the loca- from the preventable spread of the pan- Suicide Hotline Designation Act of 2020’’. tions of HUD senior housing properties demic. To ensure that we do not repeat SEC. 2. FINDINGS. and local continuums of care with high such mistakes, H.R. 6294 would allow Congress finds the following: concentrations of people experiencing for data-sharing between HHS and HUD (1) According to the American Foundation unsheltered homelessness. The bill also regarding the location of section 202 af- for Suicide Prevention, on average, there are includes important protections to en- fordable housing properties while keep- 129 suicides per day in the United States. sure people’s privacy and to prevent ing residents’ personal information (2) To prevent future suicides, it is critical the misuse of this information. protected. to transition the cumbersome, existing 10- Early in this pandemic, we learned Mr. Speaker, I commend Representa- digit National Suicide Hotline to a universal, easy-to-remember, 3-digit phone the devastating impact COVID–19 has tive TIPTON for his leadership in this number and connect people in crisis with on seniors. Seniors often have under- area, and I will miss working with him. life-saving resources. lying health conditions, which make This is a commonsense bill to cut (3) It is essential that people in the United them particularly vulnerable to the through red tape and allow for greater States have access to a 3-digit national sui- virus. Making matters worse, many assistance to vulnerable populations. cide hotline across all geographic locations. seniors live in large multifamily build- Mr. Speaker, I urge my colleagues to (4) The designated suicide hotline number ings, including HUD-subsidized prop- support it, and I yield back the balance will need to be both familiar and recogniz- erties, where the risk of contagion is of my time. able to all people in the United States. particularly high. Mr. SHERMAN. Mr. Speaker, I yield SEC. 3. UNIVERSAL TELEPHONE NUMBER FOR NATIONAL SUICIDE PREVENTION This constellation of factors—close myself the balance of my time. AND MENTAL HEALTH CRISIS HOT- living quarters, advanced age, higher Mr. Speaker, I, again, thank my col- LINE SYSTEM. prevalence of underlying health condi- league, Mr. TIPTON, for introducing (a) IN GENERAL.—Section 251(e) of the Com- tions—puts this population at substan- this bill to help us better protect sen- munications Act of 1934 (47 U.S.C. 251(e)) is tial risk for contracting and at a high- iors and people experiencing homeless- amended by adding at the end the following: er risk for dying from COVID–19. ness from COVID–19. ‘‘(4) UNIVERSAL TELEPHONE NUMBER FOR NA- According to The New York Times, We have lost too many people to this TIONAL SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE SYSTEM.—9–8–8 is des- as of last month, 40 percent of COVID– terrible virus. While it is important ignated as the universal telephone number 19-related deaths have occurred in sen- that we ensure the safety of those who within the United States for the purpose of ior communities, not just to those who are particularly vulnerable to the the national suicide prevention and mental have reached senior age but that subset coronavirus, I hope that we can all health crisis hotline system operating

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.028 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4609 through the National Suicide Prevention seq.) of the collection and distribution of States, with the highest rates and the great- Lifeline maintained by the Assistant Sec- such fees or charges; and est increases being in more rural counties; retary for Mental Health and Substance Use (2) includes findings on the amount of reve- and under section 520E–3 of the Public Health nues obligated or expended by each State, (4) the Substance Abuse and Mental Health Service Act (42 U.S.C. 290bb–36c) and through political subdivision of a State, Indian Tribe, Services Administration must be equipped to the Veterans Crisis Line maintained by the or village or regional corporation serving a provide specialized resources to these and Secretary of Veterans Affairs under section region established pursuant to the Alaska other high-risk populations. 1720F(h) of title 38, United States Code.’’. Native Claims Settlement Act (43 U.S.C. 1601 (b) REPORT.—Not later than 180 days after (b) EFFECTIVE DATE.—The amendment et seq.) for any purpose other than the pur- the date of enactment of this Act, the Assist- made by subsection (a) shall take effect on pose for which any such fees or charges are ant Secretary for Mental Health and Sub- the date that is 1 year after the date of en- specified. stance Use shall submit to the Committee on actment of this Act. (c) DEFINITIONS.—In this section: Commerce, Science, and Transportation of (c) REQUIRED REPORT.—Not later than 180 (1) COMMERCIAL MOBILE SERVICE.—The term the Senate, the Committee on Health, Edu- days after the date of enactment of this Act, ‘‘commercial mobile service’’ has the mean- cation, Labor, and Pensions of the Senate, the Assistant Secretary for Mental Health ing given that term under section 332(d) of and the Committee on Energy and Commerce and Substance Use and the Secretary of Vet- the Communications Act of 1934 (47 U.S.C. of the House of Representatives a report erans Affairs shall jointly submit a report 332(d)). that— that details the resources necessary to make (2) COMMISSION.—The term ‘‘Commission’’ (1) details a strategy, to be developed in the use of 9–8–8, as designated under para- means the Federal Communications Com- consultation with the Centers for Disease graph (4) of section 251(e) of the Communica- mission. Control and Prevention, the National Insti- tions Act of 1934 (47 U.S.C. 251(e)), as added (3) IP-ENABLED VOICE SERVICE.—The term tute of Mental Health, and organizations ca- by subsection (a) of this section, operational ‘‘IP-enabled voice service’’ shall include— pable of providing nationwide suicide preven- and effective across the United States to— (A) an interconnected VoIP service, as de- tion and crisis services for LGBTQ youth, (1) the Committee on Commerce, Science, fined in section 9.3 of the title 47 of the Code minorities, rural individuals, or other high- and Transportation of the Senate; of Federal Regulations, or any successor risk populations, for the Substance Abuse (2) the Committee on Appropriations of the thereto; and and Mental Health Services Administration Senate; (B) a one-way interconnected VoIP service. to offer, support, or provide technical assist- (3) the Committee on Energy and Com- (4) STATE.—The term ‘‘State’’ has the ance to training programs for National Sui- merce of the House of Representatives; and meaning given that term in section 7 of the cide Prevention Lifeline counselors to in- (4) the Committee on Appropriations of the Wireless Communications and Public Safety crease competency in serving high-risk popu- House of Representatives. Act of 1999 (47 U.S.C. 615b). lations; and SEC. 4. STATE AUTHORITY OVER FEES. SEC. 5. LOCATION IDENTIFICATION REPORT. (2) includes recommendations regarding— (A) the facilitation of access to services (a) AUTHORITY.— (a) IN GENERAL.—Not later than 180 days that are provided to specially trained staff (1) IN GENERAL.—Nothing in this Act, any after the date of the enactment of this Act, and partner organizations for LGBTQ youth, amendment made by this Act, the Commu- the Federal Communications Commission minorities, rural individuals, and other high- nications Act of 1934 (47 U.S.C. 151 et seq.), or shall submit to the appropriate committees risk populations; and any Commission regulation or order may a report that examines the feasibility and (B) a strategy for optimally implementing prevent the imposition and collection of a cost of including an automatic dispatchable an Integrated Voice Response, or other fee or charge applicable to a commercial mo- location that would be conveyed with a 9–8– equally effective mechanism, to allow Na- bile service or an IP-enabled voice service 8 call, regardless of the technological plat- tional Suicide Prevention Lifeline callers specifically designated by a State, a political form used and including with calls from who are LGBTQ youth, minorities, rural in- subdivision of a State, an Indian Tribe, or multi-line telephone systems (as defined in dividuals, or members of other high-risk pop- village or regional corporation serving a re- section 6502 of the Middle Class Tax Relief ulations to access specialized services. gion established pursuant to the Alaska Na- and Job Creation Act of 2012 (47 U.S.C. 1471)). tive Claims Settlement Act (43 U.S.C. 1601 et (b) DEFINITIONS.—In this section: The SPEAKER pro tempore. Pursu- seq.) for 9–8–8 related services, if the fee or (1) APPROPRIATE COMMITTEES.—The term ant to the rule, the gentleman from charge is held in a sequestered account to be ‘‘appropriate committees’’ means the fol- California (Mr. MCNERNEY) and the obligated or expended only in support of 9–8– lowing: gentleman from Montana (Mr. 8 services, or enhancements of such services, (A) The Committee on Commerce, Science, GIANFORTE) each will control 20 min- as specified in the provision of State or local and Transportation of the Senate. utes. (B) The Committee on Health, Education, law adopting the fee or charge. The Chair recognizes the gentleman (2) USE OF 9–8–8 FUNDS.—A fee or charge col- Labor, and Pensions of the Senate. lected under this subsection shall only be (C) The Committee on Energy and Com- from California. imposed, collected, and used to pay expenses merce of the House of Representatives. GENERAL LEAVE that a State, a political subdivision of a (2) DISPATCHABLE LOCATION.—The term Mr. MCNERNEY. Mr. Speaker, I ask State, an Indian Tribe, or village or regional ‘‘dispatchable location’’ means the street ad- unanimous consent that all Members corporation serving a region established pur- dress of the calling party and additional in- may have 5 legislative days in which to suant to the Alaska Native Claims Settle- formation such as room number, floor num- revise and extend their remarks and in- ment Act (43 U.S.C. 1601 et seq.) is expected ber, or similar information necessary to ade- clude extraneous material on S. 2661. to incur that are reasonably attributed to— quately identify the location of the calling The SPEAKER pro tempore. Is there party. (A) ensuring the efficient and effective objection to the request of the gen- routing of calls made to the 9–8–8 national SEC. 6. REPORT ON CERTAIN TRAINING PRO- suicide prevention and mental health crisis GRAMS. tleman from California? hotline to an appropriate crisis center; and (a) SENSE OF CONGRESS.—It is the sense of There was no objection. (B) personnel and the provision of acute Congress that— Mr. MCNERNEY. Mr. Speaker, I yield mental health, crisis outreach and stabiliza- (1) youth who are lesbian, gay, bisexual, myself such time as I may consume. tion services by directly responding to the 9– transgender, or queer (referred to in this sec- Mr. Speaker, last Congress, the 8–8 national suicide prevention and mental tion as ‘‘LGBTQ’’) are more than 4 times House took up the National Suicide health crisis hotline. more likely to contemplate suicide than Hotline Improvement Act, which di- (b) FEE ACCOUNTABILITY REPORT.—To en- their peers, with 1 in 5 LGBTQ youth and rected the FCC to study and consider sure efficiency, transparency, and account- more than 1 in 3 transgender youth reporting whether it is technically feasible to es- ability in the collection and expenditure of a attempting suicide; tablish a three-digit number for calling fee or charge for the support or implementa- (2) American Indian and Alaska Natives tion of 9–8–8 services, not later than 2 years have the highest rate of suicide of any racial the National Suicide Prevention Life- after the date of the enactment of this Act, or ethnic group in the United States with a line. and annually thereafter, the Commission suicide rate over 3.5 times higher than the I am proud that today, during Sui- shall submit to the Committees on Com- racial or ethnic group with the lowest rate, cide Prevention Month, the House is merce, Science, and Transportation and Ap- with the suicide rate increasing, since 1999, taking up the National Suicide Hotline propriations of the Senate and the Commit- by 139 percent for American Indian women Designation Act to expand our previous tees on Energy and Commerce and Appro- and 71 percent for men; efforts. The legislation before us di- priations of the House of Representatives a (3) between 2001 and 2015, the suicide death rects the FCC to designate ‘‘988’’ as the report that— rate in rural counties in the United States number for accessing the lifeline. The (1) details the status in each State, polit- was 17.32 per 100,000 individuals, which is sig- ical subdivision of a State, Indian Tribe, or nificantly greater than the national average, FCC, in response to our previous legis- village or regional corporation serving a re- and the data shows that between that same lation, is already taking steps to ac- gion established pursuant to the Alaska Na- time period, suicide rates increased for all complish this, but the legislation goes tive Claims Settlement Act (43 U.S.C. 1601 et age groups across all counties in the United further.

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.036 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4610 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Critically, this measure paves the thank Representatives MOULTON and friend, you need to know who to call. way to create a sustainable funding STEWART for drafting this measure and But the problem is, no one knows the stream for our suicide prevention call- the Senate for introducing a com- number. takers, something that we desperately panion bill. The second problem is, the number is need. These seemingly small changes Mr. Speaker, I also thank the chairs different. If you are calling in Salt will make finding help immensely easi- and ranking members of the Commu- Lake City, it is a different number er for Americans who are experiencing nications and Technology Sub- than if you are calling in New York or suicide or mental health crises. committee and the full Committee on if you are calling from California or The National Suicide Prevention Energy and Commerce for their bipar- even another part of Utah. Lifeline, which is accessible today by tisan work to bring this measure to the This fixes it, which is why I rise to calling 1–800–273–TALK, received more floor. I look forward to the legislation support the bill, S. 2661. than 2.2 million calls in 2018. As hard passing the House today and its signa- Mr. Speaker, I am so pleased, work- as it is to believe, that figure is ex- ture by the President. ing with, again, my colleagues, that pected to go up when 988 is fully imple- Mr. Speaker, I reserve the balance of after 4 years of working on designating mented and becomes accessible to the my time. this three-digit number—legislation public. But designating a short three- Mr. GIANFORTE. Mr. Speaker, I which, by the way, was based on some- digit code that is easier to remember yield myself such time as I may con- thing that we did in Utah about 4 years than a cumbersome 1–800 number is sume. ago—we are finally going to pass this supposed to reach more people. That is Mr. Speaker, I rise in support of the bill to do just that. the point. But that is also why it is so bill, S. 2661, the National Suicide Hot- Imagine this: Every 11 minutes, important that the lifeline be able to line Designation Act by Senators somebody in the United States com- fund its operations. GARDNER, BALDWIN, MORAN, and REED. mits suicide—not attempts suicide, ac- Because of this legislation, it is like- It is the Senate companion of legisla- tually commits suicide—leaving behind ly that the lifeline will receive more tion I introduced with Representatives devastation of broken hearts and bro- calls and save more lives than it does STEWART, MOULTON, and EDDIE BERNICE ken families and friends. It used to be today. Luckily, the lifeline has a prov- JOHNSON. that if I spoke to a group of 100 and en track record, successfully dees- It designates ‘‘988’’ as the universal said, ‘‘How many of you have been im- calating almost 98 percent of inter- telephone number for the National Sui- pacted by someone you know or love actions with callers experiencing suici- cide Prevention Lifeline system. This and you care about who has attempted dal or mental health crises. means no matter where you are in the suicide or committed suicide?’’ 5 or 6 We have no reason to expect different country, just like when you call 911, years ago, maybe a few hands would outcomes when the number changes to when you call 988, you will be con- come up. Now, in those settings, al- 988 because the bill ensures that the nected to mental health resources. most everyone raises their hands. lifeline network call centers will have This legislation also authorizes That is good because we are more the resources necessary to handle the States to collect a fee limited to sup- willing to acknowledge and recognize increase in volume that they are an- porting local crisis call centers that the problem and to discuss it. But the ticipating. It is undeniably one of the are affiliated with the national net- truth is, most of us have been affected most effective tools at our disposal to work or enhancement of such services. in one way or another by someone we address the crisis of suicide in Amer- It also sets a 1-year deadline to com- know, someone we care about. ica. plete technical upgrades to enable the It is heartbreaking, as I said, not An analysis of 1,500 calls from just number. only for the lives that are taken but over 1,400 individuals showed that call- Mr. Speaker, I am glad we have been the family and the friends who are left ers who utilized the lifeline’s assist- able to work together on this measure behind to mourn that terrible loss. Too ance were significantly more likely to and others to improve the network of many of us have been impacted by sui- feel less depressed, less suicidal, less services that make up the suicide pre- cide and the very real need to do some- overwhelmed, and more hopeful by the vention lifeline and to educate Ameri- thing about it, and this bill does. end of the call. It is clear that people cans about suicide prevention. These By designating ‘‘988’’ as a nationwide who can access help when they need it bills are badly needed by a Nation hotline number, we increase the acces- have better outcomes than those who working to emerge from an unprece- sibility. can’t. dented health and economic crisis, and If your house is on fire, call 911. That is why our immediate goal with it is badly needed in Montana where, If you need the police, call 911. this legislation is to reach the people tragically, we have one of the highest If you are in the middle of a mental who need help but aren’t getting it, rates of suicide in the country. health crisis, 988 is going to get you and there are far too many folks who Mr. Speaker, I ask my colleagues to help. It is going to immediately give fit that description. More than 47,000 come together here today to advance you someone to talk with and, in spe- Americans died by suicide, and more these bills, and I reserve the balance of cial cases where intervention is nec- than 1.4 million Americans attempted my time. essary, to give you that resource as suicide in 2017. In 2018, 48,000 Americans Mr. MCNERNEY. Mr. Speaker, I have well. died by suicide. Sadly, the numbers are no additional speakers, and I reserve Mr. Speaker, I ask my colleagues even worse for certain at-risk popu- the balance of my time. here in the House, and I thank my col- lations. Mr. GIANFORTE. Mr. Speaker, I leagues in the Senate, to join with More than 6,000 veterans died by sui- yield 3 minutes to the gentleman from them in helping those people who need cide each year from 2008 to 2017. Young Utah (Mr. STEWART). our help—the most vulnerable, again, LGBTQ adults are four times more Mr. STEWART. Mr. Speaker, I thank as I started out by saying, particularly likely to contemplate suicide than my colleague from Montana, as well as among our youth and our veterans. their heterosexual peers, and 39 percent others who have supported this. Mr. GIANFORTE. Mr. Speaker, I of LGBTQ youths reported seriously Mr. Speaker, the sad reality is, here yield myself such time as I may con- considering suicide in the past 12 in the United States, we are in the sume. months. middle of a tragedy. It is a tragedy Mr. Speaker, I thank the gentleman Mr. Speaker, that is why this bill en- that is particularly painful for our from Utah for his leadership. I urge sures that the lifeline and the good youth and our veterans, as so many of adoption of this, and I yield back the people on the other end of the call have them have experienced suicide and left balance of my time. the tools and resources they need to tragedies behind for them and their Mr. MCNERNEY. Mr. Speaker, I reach people who need it the most. families. thank the gentleman from Utah (Mr. Mr. Speaker, the National Suicide If you are in the middle of a mental STEWART) for his leadership on this Hotline Designation Act is a necessary health crisis and you need help, if you issue. It is an issue that can affect fam- step to reducing suicide in the United are worried about one of your children, ilies and tear them apart, and I appre- States and will ultimately save lives. I your son, a daughter, a roommate, a ciate the work.

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.100 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4611 The National Suicide Hotline Des- the gentleman from California (Mr. (iv) faculty of institutions of higher edu- ignation Act is a necessary step in re- MCNERNEY) that the House suspend the cation; ducing suicide in the United States and rules and pass the bill, S. 2661. (v) representatives of other Federal agencies; (vi) electric utility providers; will ultimately save lives. The question was taken; and (two- (vii) communications infrastructure compa- Mr. Speaker, I urge my colleagues to thirds being in the affirmative) the nies; and support this legislation, and I yield rules were suspended and the bill was (viii) first responders, emergency managers, or back the balance of my time. passed. 9–1–1 directors in areas affected by such event. Ms. JOHNSON of Texas. Mr. Speaker, A motion to reconsider was laid on (3) FINAL REPORT.—Not later than 12 months today I rise in support of the National Suicide the table. after the deactivation of the Disaster Informa- tion Reporting System with respect to an event Hotline Designation Act, which I have led in f for which the System was activated for at least the House with my colleagues Congressmen DIRECTING FEDERAL COMMUNICA- 7 days, the Commission shall issue a final report CHRIS STEWART, SETH MOULTON, and GREG TIONS COMMISSION TO ISSUE that includes, with respect to such event— (A) the information described under para- GIANFORTE. I am so pleased that we are con- REPORTS AFTER ACTIVATION OF sidering this critical legislation on the floor graph (1)(A); and DISASTER INFORMATION RE- (B) any recommendations of the Commission today, in honor of September as Suicide Pre- PORTING SYSTEM vention Month. on how to improve the resiliency of affected Mr. MCNERNEY. Mr. Speaker, I communications or networks recovery efforts. As a former chief psychiatric nurse, I have (4) DEVELOPMENT OF REPORTS.—In developing spent my legislative career advocating for move to suspend the rules and pass the a report required under this subsection, the more accessible mental health resources in bill (H.R. 5918) to direct the Federal Commission shall consider information collected our communities, especially considering the Communications Commission to issue by the Commission, including information col- significant needs in these difficult times. The reports after activation of the Disaster lected by the Commission through the System, Centers for Disease Control and Prevention Information Reporting System and to and any public hearing described in paragraph reported that in late June, 40 percent of Amer- make improvements to network outage (2) with respect to the applicable event. reporting, as amended. (5) PUBLICATION.—The Commission shall pub- ican adults struggled with mental health or lish each report, excluding information that is substance abuse during the COVID–19 pan- The Clerk read the title of the bill. The text of the bill is as follows: otherwise exempt from public disclosure under demic. Specifically, it reported that commu- the rules of the Commission, issued under this nities of color, essential workers, younger H.R. 5918 subsection on the website of the Commission adults, and unpaid caregivers had dispropor- Be it enacted by the Senate and House of Rep- upon the issuance of such report. tionately worse mental health outcomes and resentatives of the United States of America in (b) IMPROVEMENTS TO NETWORK OUTAGE RE- elevated suicidal ideation. Congress assembled, PORTING.—Not later than 1 year after the date of the enactment of this Act, the Commission This is exactly why I am determined to pass SECTION 1. REPORTS AFTER ACTIVATION OF DIS- ASTER INFORMATION REPORTING shall conduct a proceeding and, after public no- this bill, as it directs the Federal Communica- SYSTEM; IMPROVEMENTS TO NET- tice and an opportunity for comment, adopt tions Commission to designate 9–8–8 for the WORK OUTAGE REPORTING. rules to— national suicide prevention and mental health (a) REPORTS AFTER ACTIVATION OF DISASTER (1) determine the circumstances under which crisis hotline system. It also provides the nec- INFORMATION REPORTING SYSTEM.— to require service providers subject to the 9–1–1 essary state funding guidance, federal report- (1) PRELIMINARY REPORT.— regulations established under part 9 of title 47, (A) IN GENERAL.—Not later than 6 weeks after Code of Federal Regulations, to submit a timely ing, and specialized service training to effec- the deactivation of the Disaster Information Re- tively implement the new dialing code. This notification, (in an easily accessible format that porting System with respect to an event for facilities situational awareness) to public safety three-digit phone number—instead of a full which the System was activated for at least 7 answering points regarding communications ten-digit number—is much easier to remem- days, the Commission shall issue a preliminary service disruptions within the assigned terri- ber, especially when you or a loved one are report on, with respect to such event and to the tories of such public safety answering points in a crisis and in need of help. As such, this extent known— that prevent— redesigned and upgraded suicide prevention (i) the number and duration of any outages (A) the origination of 9–1–1 calls; of— lifeline will save lives. (B) the delivery of Automatic Location Infor- (I) broadband internet access service; mation; or As the country’s mental health and suicide (II) interconnected VoIP service; (C) Automatic Number Identification; crises have worsen during the COVID–19 pan- (III) commercial mobile service; and (2) require such notifications to be made; and demic, Congress has an urgent responsibility (IV) commercial mobile data service; (3) specify the appropriate timing of such no- to fulfill the promise of 9–8–8 and develop a (ii) the approximate number of users or the tification. modern mental health and suicide prevention amount of communications infrastructure poten- (c) DEFINITIONS.—In this section: tially affected by an outage described in clause crisis hotline system. I am especially proud of (1) AUTOMATIC LOCATION INFORMATION; AUTO- (i); MATIC NUMBER IDENTIFICATION.—The terms the efforts in this legislation to support com- (iii) the number and duration of any outages ‘‘Automatic Location Information’’ and ‘‘Auto- munities at higher risk of suicide, including at public safety answering points that prevent matic Number Identification’’ have the meaning veterans and LGBTQ youth. This new system public safety answering points from receiving given those terms in section 9.3 of title 47, Code will include the Veterans Crisis Line to specifi- emergency calls and routing such calls to emer- of Federal Regulations, or any successor regula- cally support veterans seeking mental health gency service personnel; and tion. support. The bill also authorizes states to col- (iv) any additional information determined (2) BROADBAND INTERNET ACCESS SERVICE.— lect a fee designated solely to supporting local appropriate by the Commission. The term ‘‘broadband internet access service’’ (B) DEVELOPMENT OF REPORT.—The Commis- has the meaning given such term in section crisis call centers affiliated within the national sion shall develop the report required by sub- 8.1(b) of title 47, Code of Federal Regulations, or network, which includes the Suicide and Crisis paragraph (A) using information collected by any successor regulation. Center of North Texas in my district. This pro- the Commission, including information collected (3) COMMERCIAL MOBILE SERVICE.—The term vision will ensure that the local call centers ex- by the Commission through the System. ‘‘commercial mobile service’’ has the meaning periencing increased call volume due to the (2) PUBLIC FIELD HEARINGS.— given such term in section 332(d) of the Commu- more accessible dialing code will have the fi- (A) REQUIREMENT.—Not later than 8 months nications Act of 1934 (47 U.S.C. 332(d)). nancial resources needed to expand their op- after the deactivation of the Disaster Informa- (4) COMMERCIAL MOBILE DATA SERVICE.—The tion Reporting System with respect to an event term ‘‘commercial mobile data service’’ has the erations and serve all who are seeking help. for which the System was activated for at least meaning given such term in section 6001 of the We must not allow the tragedies of this 7 days, the Commission shall hold at least 1 Middle Class Tax Relief and Job Creation Act of coronavirus to be compounded by preventable public field hearing in the area affected by such 2012 (47 U.S.C. 1401). losses of life due to mental health distress. As event. (5) COMMISSION.—The term ‘‘Commission’’ a former mental health professional, I am (B) INCLUSION OF CERTAIN INDIVIDUALS IN means the Federal Communications Commission. proud to support the passage of the National HEARINGS.—For each public field hearing held (6) INDIAN TRIBAL GOVERNMENT; LOCAL GOV- Suicide Hotline Designation Act, and I thank under subparagraph (A), the Commission shall ERNMENT.—The terms ‘‘Indian Tribal govern- consider including— ment’’ and ‘‘Indian Tribal Government’’ have my colleagues for their collaboration on such (i) representatives of State government, local the meaning given those terms in section 102 of a critical and timely effort. I urge my col- government, or Indian Tribal governments in the Robert T. Stafford Disaster Relief and Emer- leagues to vote in favor of this bill. areas affected by such event; gency Assistance Act (42 U.S.C. 5121). b 1715 (ii) residents of the areas affected by such (7) INTERCONNECTED VOIP SERVICE.—The term event, or consumer advocates; ‘‘interconnected VoIP service’’ has the meaning The SPEAKER pro tempore. The (iii) providers of communications services af- given such term in section 3 of the Communica- question is on the motion offered by fected by such event; tions Act of 1934 (47 U.S.C. 153).

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\K21SE7.101 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4612 CONGRESSIONAL RECORD — HOUSE September 21, 2020 (8) PUBLIC SAFETY ANSWERING POINT.—The year, and that is why this bill comes at resentatives MATSUI, ESHOO, THOMP- term ‘‘public safety answering point’’ has the a crucial time. Under this bill, the FCC SON, and HUFFMAN. meaning given such term in section 222 of the would be required to conduct a deep Today’s legislation will allow 911 cen- Communications Act of 1934 (47 U.S.C. 222). and thorough analysis of any disaster ters across the country to have access (9) STATE.—The term ‘‘State’’ has the meaning given such term in section 3 of the Communica- or event for which DIRS is activated by to confidential information on poten- tions Act of 1934 (47 U.S.C. 153). the FCC and stays active for a min- tial 911 outages, subject to appropriate The SPEAKER pro tempore. Pursu- imum of 7 days. safeguards. In times of disaster, 911 public safety ant to the rule, the gentleman from First, the FCC would be required to answering points do not always know California (Mr. MCNERNEY) and the issue a preliminary report within 6 weeks after the date DIRS is deacti- that 911 calls may not be going gentleman from Montana (Mr. through. The FCC currently collects GIANFORTE) each will control 20 min- vated. This report would include detailed information about the number of information on the status of commu- utes. nications infrastructure and commu- The Chair recognizes the gentleman outages, whether communications in- nications network outage information. from California. frastructure was affected, and how They make that information available GENERAL LEAVE many 911 centers were affected by service outages. to the Department of Homeland Secu- Mr. MCNERNEY. Mr. Speaker, I ask rity to coordinate overall emergency unanimous consent that all Members This bill would then require the FCC to hold a field hearing no later than 8 response efforts within a State between may have 5 legislative days in which to State and local first responders. revise and extend their remarks and in- months after the Commission deacti- vates DIRS. By requiring the FCC to Given the sensitive nature of this clude extraneous material on H.R. 5918. data to both national security and The SPEAKER pro tempore. Is there get out of Washington and see and hear real stories on the ground, the FCC will commercial competitiveness, this in- objection to the request of the gen- formation is confidential. However, as tleman from California? get an opportunity to examine these events, the outages they cause, and first responders work to ensure the 911 There was no objection. system can seamlessly get back online Mr. MCNERNEY. Mr. Speaker, I yield how we can prevent them from hap- and route calls to neighboring call cen- myself such time as I may consume. pening in the future. ters, access to this confidential infor- Mr. Speaker, I rise to speak in sup- Last week, the Subcommittee on mation is important. port of H.R. 5918. Communications and Technology held This bill would help make timely In times of crisis, Americans rely on a productive and informative FCC outage information available to help communications systems to stay in- oversight hearing. At the hearing, first responders on the ground restore formed, check on loved ones, and ac- Commissioner Jessica Rosenworcel service as quickly as possible. The bill cess emergency assistance. As the stressed to the committee that we need also requires the FCC to hold a field agency in charge of overseeing our Na- to update our playbook for communica- hearing in areas in which the Commis- tion’s communications systems, it is tions in disasters. She is right, and this sion’s Disaster Information Reporting the responsibility of the FCC, the Fed- bill is how we move forward to get that System was activated for 7 or more goal. eral Communications Commission, to days and to provide an initial and final We rely on our devices, and we count ensure that Americans stay connected report on the status of communica- on having a signal or connection in our when it matters most and that the tions networks. communications providers are prepared time of need. In fact, right now in Cali- The FCC only activates the DIRS for whatever disasters may come their fornia, folks are using their devices to system for significant natural disas- way. track fast-moving wildfires, ready to ters, such as Hurricane Sally or the Keeping networks online through the drop everything and evacuate if there wildfires out West. The bill limits course of a hurricane or a wildfire is a is an unexpected shift in the fire’s these types of reports to only areas difficult task, but the fact of the mat- path. where damage was significant and sus- ter is network outages occur far too In our world today, connectivity is tained. frequently. That reality is due in large not a luxury; it is essential to ensuring This is an important bill to the resil- part to climate change. According to our collective safety. Often it can iency of our public safety networks, the National Climate Assessment, the make a difference between life and and I urge my colleagues to support recent trends of increasingly severe death. the measure. storms and disasters are only expected I commend Representative DORIS Mr. Speaker, I reiterate my support to continue. MATSUI for her leadership on this bill, for this bill. I urge adoption, and I While we are not here asking the FCC especially as her constituents and mine yield back the balance of my time. or even the communications providers all across California continue to grap- Mr. MCNERNEY. Mr. Speaker, as to solve the problem of climate change, ple with these fires. California has grappled with dev- we do expect them, as stewards of our I also want to thank Ranking Mem- astating wildfires, we must do every- communications systems and net- ber WALDEN and subcommittee Rank- thing possible to help them stay con- works, to adapt with the times. To ing Member LATTA for working with us nected during these events, when make progress in this regard we need to move this bill through the Energy connectivity can mean the difference to start with data. and Commerce Committee on a bipar- between life and death. The Disaster Information Reporting tisan basis. And, of course, I would like H.R. 5918 is a critical part of this ef- System, or DIRS, was launched by the to thank Communications and Tech- fort. I urge my colleagues to support it, FCC in 2007 so that communications nology Subcommittee Chairman MIKE and I yield back the balance of my providers could report the status of DOYLE and full committee Chairman time. communications systems during disas- FRANK PALLONE for their leadership in Ms. ESHOO. Mr. Speaker, I rise in support ters. In some cases, DIRS is activated getting us all there. of H.R. 5918, the Emergency Reporting Act. in advance of a potential storm or as a This is a good bill that will help us The human impacts of natural disasters are precautionary measure. make our communications systems worsened when our communications infra- In more extreme cases, DIRS is acti- more resilient in the future. I look for- structure is not resilient, and this is an issue vated in the lead-up to a disaster and ward to its consideration by the Senate Californians know all too well. stays active for days on end. That is and the President. On October 28, 2019, 874 cell towers were because a network can go on and off- Mr. Speaker, I reserve the balance of out in California, caused by wildfires and line even after a storm’s end. It is usu- my time. power shutoffs. My constituents were worried ally a sign that the event is so severe Mr. GIANFORTE. Mr. Speaker, I they wouldn’t be able to call 9–1–1 during that it knocks out commercial power, yield myself such time as I may con- emergencies, receive emergency alerts, takes down lines and poles, or some sume. download evacuation maps, or check-in on combination of the two. Mr. Speaker, I rise today in support loved ones. This horrific situation led my good Those are the storms that are ex- of H.R. 5918, the Emergency Reporting friend, Congresswoman MATSUI, and me to pected to continue and grow with each Act, which was introduced by Rep- work on this legislation.

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 9920 E:\CR\FM\A21SE7.035 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4613 H.R. 5918, the Emergency Reporting Act, H.R. 5567 ple, the owners of broadcast and cable requires the Federal Communications Com- Be it enacted by the Senate and House of Rep- media outlets do not reflect our diverse mission (FCC) to hold field hearings after dis- resentatives of the United States of America in population. These media outlets can in- asters, issue preliminary and final reports Congress assembled, fluence people’s opinions and percep- about each disaster, and ensure 9–1–1 cen- SECTION 1. SHORT TITLE. tions through educational, political, ters know when outages will impact calls they This Act may be cited as the ‘‘Measuring entertainment, and news programming. may receive. the Economics Driving Investments and Ac- Diversity in ownership of media out- cess for Diversity Act of 2020’’ or the Wildfires are becoming more intense and ‘‘MEDIA Diversity Act of 2020’’. lets helps to ensure that programming offers different perspectives and that more frequent because of climate change, and SEC. 2. CONSIDERING MARKET ENTRY BARRIERS this wildfire season is now a historic one, with FOR SOCIALLY DISADVANTAGED IN- viewers have access to programming the expected peak of the season yet to occur. DIVIDUALS. that is relevant to them. Over a month ago a siege of lightning strikes Section 13(d) of the Communications Act of Experts have also found that owner- ignited the CZU Lightning Complex fire in my 1934 (47 U.S.C. 163(d)) is amended by adding ship diversity can provide financial and congressional district, and it is now the tenth at the end the following: competitive benefits. But in a con- ‘‘(4) CONSIDERING SOCIALLY DISADVANTAGED most destructive wildlife in California’s history. centrated communications market- INDIVIDUALS.—In assessing the state of com- The fire has destroyed nearly a thousand petition under subsection (b)(1) and regu- place, barriers for entry still exist, and homes in my district and forced 77,000 of my latory barriers under subsection (b)(3), the the Federal Communications Commis- constituents to evacuate. Commission, with the input of the Office of sion is already tasked with studying Last year, I asked FCC Chairman Ajit Pai to Communications Business Opportunities of what those barriers are. This bill sim- visit California and hold a field hearing fol- the Commission, shall consider market entry ply asks the FCC to also consider mar- lowing the fires and associated power shutoffs barriers for socially disadvantaged individ- ket entry barriers for socially dis- in California, and many of my colleagues from uals in the communications marketplace in advantaged individuals. accordance with the national policy under Creating ownership parity to reflect California did the same. The Chairman agreed section 257(b).’’. to do so at the request of Republican Leader the country’s diversity is a worthy The SPEAKER pro tempore. Pursu- KEVIN MCCARTHY. While Chairman Pai never goal, and this bipartisan effort is just a ant to the rule, the gentleman from visited California, learning about communica- small step that can have a genuine im- California (Mr. MCNERNEY) and the tions outages shouldn’t be a matter of political pact in identifying market entry bar- gentleman from Montana (Mr. pressure. At a Hearing of the House Sub- riers. GIANFORTE) each will control 20 min- committee on Communications and Tech- To be clear, there is so much more utes. nology on September 17, 2020, I reissued my that we need to do, and the Energy and The Chair recognizes the gentleman request of Chairman Pai to visit California and Commerce Committee, 2 weeks ago, re- from California. hear directly from the people impacted by the ported out two additional bills that wildfires. GENERAL LEAVE also take important steps to diversify We need to learn from every disaster, espe- Mr. MCNERNEY. Mr. Speaker, I ask our media market, one of which my Re- cially by listening to and learning from local unanimous consent that all Members publican colleagues unfortunately ob- public safety leaders, municipal, county, and may have 5 legislative days in which to jected to. state officials, and members of the commu- revise and extend their remarks and in- I would call on my Republican col- nities impacted. This should be required. clude extraneous material on H.R. 5567. leagues to support those measures as H.R. 5918 is critical legislation for Califor- The SPEAKER pro tempore. Is there well when they come to the floor. This nians impacted by wildfires. It will also help objection to the request of the gen- is no time to say that our work is done. those on the Gulf Coast victimized by hurri- tleman from California? We must recognize that Americans canes, Midwesterners who’ve had their com- There was no objection. need transformative change to meet munities destroyed by tornadoes, and those in Mr. MCNERNEY. Mr. Speaker, I yield this moment. the Northeast who have experienced far too myself such time as I may consume. While incremental steps are crucial, many superstorms. Mr. Speaker, I rise in strong support we must do more. These additional The Emergency Reporting Act is important of H.R. 5567, the Measuring the Eco- measures that were just reported by legislation, and I urge my colleagues to sup- nomics Driving Investments and Ac- the committee, like this one, are mod- port it. cess for Diversity Act of 2020, or, sim- est changes that will help begin the The SPEAKER pro tempore. The ply, the MEDIA Diversity Act of 2020. task of comprehensive reform. question is on the motion offered by This bill promotes much-needed di- I am proud of the good work done by the gentleman from California (Mr. versity in the communications market- the members of the committee, and I MCNERNEY) that the House suspend the place, and I commend Representatives am proud of this bill. I hope we can rules and pass the bill, H.R. 5918, as VEASEY and LONG and their staffs for come together as a committee and as a amended. all their efforts towards this bipartisan Congress and do the additional work The question was taken; and (two- bill. that is needed. thirds being in the affirmative) the I also, of course, want to thank Com- Mr. Speaker, I urge all of my col- rules were suspended and the bill, as munications and Technology Sub- leagues to support the MEDIA Diver- amended, was passed. committee Chairman MIKE DOYLE, full sity Act of 2020, and I reserve the bal- A motion to reconsider was laid on committee Chairman PALLONE, Rank- ance of my time. the table. ing Member WALDEN, and Ranking Member LATTA for their work in bring- b 1730 f ing this bipartisan legislation to the Mr. GIANFORTE. Mr. Speaker, I floor. yield myself such time as I may con- MEASURING THE ECONOMICS This bill requires the FCC to consume. DRIVING INVESTMENTS AND AC- sider, with the input of its Office of Mr. Speaker, I rise today in support CESS FOR DIVERSITY ACT OF Communications Business Opportuni- of H.R. 5567, the MEDIA Diversity Act, 2020 ties, market entry barriers for socially introduced by my friend from Missouri, Mr. MCNERNEY. Mr. Speaker, I disadvantaged individuals in the com- Representative LONG. move to suspend the rules and pass the munications marketplace. This legislation represents another bill (H.R. 5567) to amend the Commu- When Representatives LONG and step forward to uplift minority voices nications Act of 1934 to require the VEASEY first introduced this bill in and promote media diversity. I under- Federal Communications Commission January of this year, it was, of course, stand how important it is to serve com- to consider market entry barriers for a different time. The murder of George munities with local programming that socially disadvantaged individuals in Floyd has since led to protests across accurately reflects a community’s pop- the communications marketplace re- the country, highlighting decades of ulation. port under section 13 of such Act. racial inequalities. I have also seen the media industry The Clerk read the title of the bill. Those inequalities exist in our com- make great strides to promote diver- The text of the bill is as follows: munications marketplace. For exam- sity and create new content to appeal

VerDate Sep 11 2014 07:19 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.041 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4614 CONGRESSIONAL RECORD — HOUSE September 21, 2020 to communities that they serve. Many SEC. 2. REPEAL OF REQUIREMENT TO REALLO- receives a grant under section 158 of the Na- CATE AND AUCTION T-BAND SPEC- tional Telecommunications and Information programs and initiatives have been es- TRUM. tablished to promote opportunities for Administration Organization Act (47 U.S.C. (a) REPEAL.—Section 6103 of the Middle 942) after the date of the enactment of this women, minorities, veterans, and other Class Tax Relief and Job Creation Act of 2012 paragraph, such State or taxing jurisdiction socially disadvantaged individuals to (47 U.S.C. 1413) is repealed. shall, as a condition of receiving such grant, (b) CLERICAL AMENDMENT.—The table of participate in the media marketplace. provide the information requested by the contents in section 1(b) of such Act is Of course, the media industry is only Commission to prepare the report required amended by striking the item relating to by paragraph (2). one small part of the vast communica- section 6103. ‘‘(5) PETITION REGARDING ADDITIONAL PUR- tions marketplace that also includes SEC. 3. CLARIFYING ACCEPTABLE 9–1–1 OBLIGA- POSES AND FUNCTIONS.— mobile wireless providers, online video TIONS OR EXPENDITURES. ‘‘(A) IN GENERAL.—A State or taxing juris- distributors, fixed broadband providers, Section 6 of the Wireless Communications diction (as defined in paragraph (3)(D)) may and Public Safety Act of 1999 (47 U.S.C. 615a– and so on. submit to the Commission a petition for a There are also new entrants in the 1) is amended— (1) in subsection (f)— determination that an obligation or expendi- tech industry who are providing addi- ture of a 9–1–1 fee or charge (as defined in (A) in paragraph (1), by striking ‘‘as speci- such paragraph) by such State or taxing ju- tional opportunities for minorities, fied in the provision of State or local law risdiction for a purpose or function other women, veterans, and underrepresented adopting the fee or charge’’ and inserting than a purpose or function designated under groups that make their voices heard. ‘‘consistent with the purposes and functions paragraph (3)(A) should be treated as such a There is still work to do to make sure designated in the final rules issued under purpose or function. If the Commission finds paragraph (3) as purposes and functions for these voices and underserved commu- that the State or taxing jurisdiction has pro- which the obligation or expenditure of such nities are represented in traditional vided sufficient documentation to make the a fee or charge is acceptable’’; media and all other areas of the large demonstration described in subparagraph (B) in paragraph (2), by striking ‘‘any pur- communications marketplace, and this (B), the Commission shall grant such peti- pose other than the purpose for which any tion. legislation will help. such fees or charges are specified’’ and in- ‘‘(B) DEMONSTRATION DESCRIBED.—The dem- I am glad to support this piece of bi- serting ‘‘any purpose or function other than partisan legislation that will allow the onstration described in this subparagraph is the purposes and functions designated in the a demonstration that the purpose or func- FCC to evaluate the market barriers final rules issued under paragraph (3) as pur- tion— socially disadvantaged individuals face poses and functions for which the obligation ‘‘(i) supports public safety answering point in the communications marketplace. or expenditure of any such fees or charges is functions or operations; or Mr. Speaker, I urge my colleagues to acceptable’’; and ‘‘(ii) has a direct impact on the ability of support this important legislation to (C) by adding at the end the following: a public safety answering point to— ‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI- ‘‘(I) receive or respond to 9–1–1 calls; or make sure all voices are heard, and I TURES.— yield back the balance of my time. ‘‘(II) dispatch emergency responders.’’; and ‘‘(A) RULES REQUIRED.—In order to prevent (2) by adding at the end the following: Mr. MCNERNEY. Mr. Speaker, H.R. diversion of 9–1–1 fees or charges, the Com- ‘‘(j) SEVERABILITY CLAUSE.—If any provi- 5567 promotes much needed diversity in mission shall, not later than 180 days after sion of this section or the application thereof the communications marketplace. As the date of the enactment of this paragraph, to any person or circumstance is held in- the Member who represents the most issue final rules designating purposes and valid, the remainder of this section and the racially and ethnically diverse city in functions for which the obligation or expend- application of such provision to other per- the country, Stockton, California, I iture of 9–1–1 fees or charges, by any State or sons or circumstances shall not be affected taxing jurisdiction authorized to impose thereby.’’. want to make sure that the owners of such a fee or charge, is acceptable. SEC. 4. PROHIBITION ON 9–1–1 FEE OR CHARGE broadcast and cable media outlets re- ‘‘(B) PURPOSES AND FUNCTIONS.—The pur- DIVERSION. flect our diverse population. H.R. 5567 poses and functions designated under sub- (a) IN GENERAL.—If the Commission ob- is a step toward achieving that goal. paragraph (A) shall be limited to the support tains evidence that suggests the diversion by Mr. Speaker, I urge my colleagues to and implementation of 9–1–1 services pro- a State or taxing jurisdiction of 9–1–1 fees or support this legislation, and I yield vided by or in the State or taxing jurisdic- charges, the Commission shall submit such back the balance of my time. tion imposing the fee or charge and oper- information, including any information regarding the impact of any underfunding of 9– The SPEAKER pro tempore. The ational expenses of public safety answering points within such State or taxing jurisdic- 1–1 services in the State or taxing jurisdic- question is on the motion offered by tion. In designating such purposes and function, to the interagency strike force estab- the gentleman from California (Mr. tions, the Commission shall consider the lished under subsection (c). MCNERNEY) that the House suspend the purposes and functions that States and tax- (b) REPORT TO CONGRESS.—Beginning with rules and pass the bill, H.R. 5567. ing jurisdictions specify as the intended pur- the first report under section 6(f)(2) of the The question was taken; and (two- poses and functions for the 9–1–1 fees or Wireless Communications and Public Safety charges of such States and taxing jurisdic- Act of 1999 (47 U.S.C. 615a–1(f)(2)) that is re- thirds being in the affirmative) the quired to be submitted after the date that is tions, and determine whether such purposes rules were suspended and the bill was 1 year after the date of the enactment of this and functions directly support providing 9–1– passed. Act, the Commission shall include in each 1 services. report required under such section all evi- A motion to reconsider was laid on ‘‘(C) CONSULTATION REQUIRED.—The Com- dence that suggests the diversion by a State the table. mission shall consult with public safety or- or taxing jurisdiction of 9–1–1 fees or ganizations and States and taxing jurisdic- f charges, including any information regard- tions as part of any proceeding under this ing the impact of any underfunding of 9–1–1 DON’T BREAK UP THE T-BAND ACT paragraph. services in the State or taxing jurisdiction. ‘‘(D) DEFINITIONS.—In this paragraph: OF 2020 (c) INTERAGENCY STRIKE FORCE TO END 9–1– ‘‘(i) 9–1–1 FEE OR CHARGE.—The term ‘9–1–1 1 FEE OR CHARGE DIVERSION.— Mr. MCNERNEY. Mr. Speaker, I fee or charge’ means a fee or charge applica- (1) ESTABLISHMENT.—Not later than 180 move to suspend the rules and pass the ble to commercial mobile services or IP-en- days after the date of the enactment of this bill (H.R. 451) to repeal the section of abled voice services specifically designated Act, the Commission shall establish an inter- the Middle Class Tax Relief and Job by a State or taxing jurisdiction for the sup- agency strike force to study how the Federal port or implementation of 9–1–1 services. Creation Act of 2012 that requires the Government can most expeditiously end di- ‘‘(ii) 9–1–1 SERVICES.—The term ‘9–1–1 serv- version by a State or taxing jurisdiction of Federal Communications Commission ices’ has the meaning given such term in sec- 9–1–1 fees or charges. Such interagency to reallocate and auction the T-Band tion 158(e) of the National Telecommuni- strike force shall be known as the ‘‘Ending 9– spectrum, as amended. cations and Information Administration Or- 1–1 Fee Diversion Now Strike Force’’ (in this The Clerk read the title of the bill. ganization Act (47 U.S.C. 942(e)). section referred to as the ‘‘Strike Force’’). The text of the bill is as follows: ‘‘(iii) STATE OR TAXING JURISDICTION.—The (2) DUTIES.—In carrying out the study term ‘State or taxing jurisdiction’ means a H.R. 451 under paragraph (1), the Strike Force shall— State, political subdivision thereof, Indian (A) determine the effectiveness of any Fed- Be it enacted by the Senate and House of Rep- Tribe, or village or regional corporation eral laws, including regulations, policies, resentatives of the United States of America in serving a region established pursuant to the and practices, or budgetary or jurisdictional Congress assembled, Alaska Native Claims Settlement Act (43 constraints regarding how the Federal Gov- SECTION 1. SHORT TITLE. U.S.C. 1601 et seq.). ernment can most expeditiously end diver- This Act may be cited as the ‘‘Don’t Break ‘‘(4) PARTICIPATION.—If a State or taxing sion by a State or taxing jurisdiction of 9–1– Up the T-Band Act of 2020’’. jurisdiction (as defined in paragraph (3)(D)) 1 fees or charges;

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.107 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4615 (B) consider whether criminal penalties the purposes and functions designated in the be covered by the proceeds from auc- would further prevent diversion by a State final rules issued under paragraph (3) of sec- tioning off the T-Band for commercial or taxing jurisdiction of 9–1–1 fees or tion 6(f) of the Wireless Communications and use. charges; and Public Safety Act of 1999, as added by this The problem there is, even the most (C) determine the impacts of diversion by a Act, as purposes and functions for which the State or taxing jurisdiction of 9–1–1 fees or obligation or expenditure of such a fee or generous estimates put the potential charges. charge is acceptable. T-Band auction proceeds at only $1 bil- (3) MEMBERS.—The Strike Force shall be (5) STATE OR TAXING JURISDICTION.—The lion to $2 billion. Relative to other auc- composed of such representatives of Federal term ‘‘State or taxing jurisdiction’’ has the tions, that is not very much. There is departments and agencies as the Commission meaning given such term in subparagraph not a lot of demand for this kind of considers appropriate, in addition to— (D) of paragraph (3) of section 6(f) of the spectrum in the market, which means (A) State attorneys general; Wireless Communications and Public Safety taxpayers would be on the hook for the (B) States or taxing jurisdictions found not Act of 1999, as added by this Act. other $4 billion, roughly. to be engaging in diversion of 9–1–1 fees or SEC. 7. DETERMINATION OF BUDGETARY EF- But make no mistake, we have heard charges; FECTS. loud and clear that the T-Band is per- (C) States or taxing jurisdictions trying to The budgetary effects of this Act, for the stop the diversion of 9–1–1 fees or charges; purpose of complying with the Statutory fect for public safety and first re- (D) State 9–1–1 administrators; Pay-As-You-Go Act of 2010, shall be deter- sponder communications. Put simply, (E) public safety organizations; mined by reference to the latest statement the T-Band is what our public safety (F) groups representing the public and con- titled ‘‘Budgetary Effects of PAYGO Legisla- personnel are used to, they don’t want sumers; and tion’’ for this Act, submitted for printing in to lose it, and letting them continue (G) groups representing public safety an- the Congressional Record by the Chairman of operating in that band saves the tax- swering point professionals. the House Budget Committee, provided that payers up to $4 billion. (4) REPORT TO CONGRESS.—Not later than such statement has been submitted prior to With this bill, we are showing first 270 days after the date of the enactment of the vote on passage. responders and public safety personnel this Act, the Strike Force shall publish on The SPEAKER pro tempore. Pursu- operating in the T-Band, who every day the website of the Commission and submit to ant to the rule, the gentleman from the Committee on Energy and Commerce of serve and protect more than 90 million California (Mr. MCNERNEY) and the the House of Representatives and the Com- Americans collectively, that we have gentleman from Montana (Mr. mittee on Commerce, Science, and Transpor- their backs. GIANFORTE) each will control 20 min- tation of the Senate a report on the findings Mr. Speaker, I want to thank Rep- of the study under this subsection, includ- utes. resentative ENGEL, the bill’s sponsor, ing— The Chair recognizes the gentleman for his years of leadership and persist- (A) any recommendations regarding how to from California. most expeditiously end the diversion by a ence on this issue. I also want to thank GENERAL LEAVE State or taxing jurisdiction of 9–1–1 fees or Ranking Member WALDEN for working charges, including actions that can be taken Mr. MCNERNEY. Mr. Speaker, I ask with us to get this bill to the floor by Federal departments and agencies and ap- unanimous consent that all Members today and appreciate his work to curb propriate changes to law or regulations; and have 5 legislative days in which to re- the diversion of 911 fees by States. (B) a description of what progress, if any, vise and extend their remarks and in- This is a commonsense bill that helps relevant Federal departments and agencies clude extraneous material on H.R. 451. public safety personnel across the have made in implementing the rec- The SPEAKER pro tempore. Is there country, and it will ultimately save ommendations under subparagraph (A). objection to the request of the gen- (d) FAILURE TO COMPLY.—Notwithstanding the taxpayers money in the long run. I any other provision of law, any State or tax- tleman from California? am glad to see this legislation move ing jurisdiction identified by the Commis- There was no objection. out of the House today on a bipartisan sion in the report required under section Mr. MCNERNEY. Mr. Speaker, I yield basis and look forward to its consider- 6(f)(2) of the Wireless Communications and myself such time as I may consume. ation by the Senate and the President. Public Safety Act of 1999 (47 U.S.C. 615a– Mr. Speaker, I rise to speak in sup- Mr. Speaker, I reserve the balance of 1(f)(2)) as engaging in diversion of 9–1–1 fees port of H.R. 451. my time. or charges shall be ineligible to participate I am pleased that we are finally here Mr. GIANFORTE. Mr. Speaker, I or send a representative to serve on any on the floor considering this legislation committee, panel, or council established yield myself such time as I may con- under section 6205(a) of the Middle Class Tax to protect the public safety spectrum. sume. Relief and Job Creation Act of 2012 (47 U.S.C. Since the 1970s, a band of spectrum Mr. Speaker, I rise today in support 1425(a)) or any advisory committee estab- known as the ‘‘T-Band’’ has been uti- of H.R. 451, the Don’t Break Up the T- lished by the Commission. lized by local and regional public safe- Band Act, as amended by the Energy SEC. 5. RULE OF CONSTRUCTION. ty officials, fire companies, and first and Commerce Committee to include Nothing in this Act, the Wireless Commu- responders. The T-Band is an indispen- provisions from Republican Leader nications and Public Safety Act of 1999 (Pub- sable radio channel that creates the Walden’s FIRST RESPONDER Act. lic Law 106–81), or the Communications Act backbone of the public safety commu- Today’s legislation will allow first of 1934 (47 U.S.C. 151 et seq.) shall be con- nications systems in 11 major metro responders to retain access to a critical strued to prevent a State or taxing jurisdic- areas across the United States. tion from requiring an annual audit of the band of spectrum as they continue to books and records of a provider of 9–1–1 serv- Yet, the T-Band is at risk because of make plans to transition mission-crit- ices concerning the collection and remit- a provision of the law that jeopardizes ical voice functions to the FirstNet tance of a 9–1–1 fee or charge. public safety and first responders’ abil- Network. SEC. 6. DEFINITIONS. ity to continue operations in that The bill also takes a strong stand In this Act: band. against States that divert vital re- (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–1 Unless Congress acts, the Federal sources away from maintaining and up- fee or charge’’ has the meaning given such Communications Commission is re- grading their 911 systems by creating term in subparagraph (D) of paragraph (3) of quired by law to clear out the current strong safeguards to help prevent di- section 6(f) of the Wireless Communications T-Band users, relocate them to a dif- version of fees collected for 911 oper- and Public Safety Act of 1999, as added by this Act. ferent channel, and prepare the T-Band ations. (2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv- for commercial auction. This would be Currently, States charge American ices’’ has the meaning given such term in a mistake for a number of reasons. consumers a monthly fee on their section 158(e) of the National Telecommuni- For starters, the cost of relocating phone bills to support 911 services. Yet, cations and Information Administration Or- every public safety T-Band user to a some States do not use the money col- ganization Act (47 U.S.C. 942(e)). different band is roughly $5 billion to lected from this fee to support 911. (3) COMMISSION.—The term ‘‘Commission’’ $6 billion, according to the Government Rather, they use it for other State pri- means the Federal Communications Com- Accountability Office. orities unrelated to providing critical mission. (4) DIVERSION.—The term ‘‘diversion’’ That figure is hard to justify, espe- 911 services or dispatching first re- means, with respect to a 9–1–1 fee or charge, cially when we consider that, under the sponders during an emergency. In some the obligation or expenditure of such fee or current law, the cost of relocating all cases, States siphon these funds di- charge for a purpose or function other than those incumbent users are supposed to rectly into their general fund, and in

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.042 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4616 CONGRESSIONAL RECORD — HOUSE September 21, 2020 other cases States use these fees for Mr. MCNERNEY. Mr. Speaker, on turers, contract manufacturers, and other enti- other public safety-type expenses that that I demand the yeas and nays. ties; do not directly support 911 services. The SPEAKER pro tempore. Pursu- ‘‘(3) proven capacity to design and dem- Those States are currently classified onstrate new, highly effective technology for use ant to section 3 of House Resolution in continuous manufacturing; by the FCC as 911 fee diverters. 965, the yeas and nays are ordered. ‘‘(4) a track record for creating and transfer- To clarify what is considered a diver- Pursuant to clause 8 of rule XX, fur- ring knowledge with respect to continuous man- sion, and what is considered to support ther proceedings on this motion are ufacturing; 911 services, the bill directs the FCC to postponed. ‘‘(5) the potential to train a future workforce clarify its rules of what obligations or for research on and implementation of advanced expenditures are acceptable. These f manufacturing and continuous manufacturing; rules would be crafted with input from and NATIONAL CENTERS OF EXCEL- ‘‘(6) experience in participating in and lead- States to ensure that appropriate 911 LENCE IN CONTINUOUS PHARMA- ing a continuous manufacturing technology uses are included. CEUTICAL MANUFACTURING ACT partnership with other institutions of higher Additionally, if a State has expendi- OF 2020 education, large and small pharmaceutical man- tures that don’t fit squarely within the Mrs. DINGELL. Mr. Speaker, I move ufacturers, generic and nonprescription manu- eligible uses determined by the Com- facturers, contract manufacturers, and other mission, but can provide documenta- to suspend the rules and pass the bill entities— tion and receipts to show how those ex- (H.R. 4866) to amend the 21st Century ‘‘(A) to support companies with continuous penditures support public safety an- Cures Act to provide for designation of manufacturing in the United States; swering point functions and operations institutions of higher education that ‘‘(B) to support Federal agencies with technical assistance, which may include regulatory or the ability to dispatch emergency provide research, data, and leadership on continuous manufacturing as Na- and quality metric guidance as applicable, for responders, then the States ought to advanced manufacturing and continuous manu- have an opportunity to challenge the tional Centers of Excellence in Contin- facturing; acceptable nature of those expenses, uous Pharmaceutical Manufacturing, ‘‘(C) with respect to continuous manufac- and this bill provides for that as well. and for other purposes, as amended. turing, to organize and conduct research and For the States that are truly bad ac- The Clerk read the title of the bill. development activities needed to create new and tors, I think we can all agree that The text of the bill is as follows: more effective technology, capture and disseminate expertise, create intellectual property, and those States should be held account- H.R. 4866 able for their shameful practice of di- maintain technological leadership; Be it enacted by the Senate and House of Rep- ‘‘(D) to develop best practices for designing verting 911 fees for programs com- resentatives of the United States of America in continuous manufacturing; and pletely unrelated to 911 services. Mis- Congress assembled, ‘‘(E) to assess and respond to the workforce leading the public on something this SECTION 1. SHORT TITLE. needs for continuous manufacturing, including important to public safety is unaccept- This Act may be cited as the ‘‘National Cen- the development of training programs if needed. able. ters of Excellence in Continuous Pharmaceutical ‘‘(d) TERMINATION OF DESIGNATION.—The Sec- To that end, this bill sets up a strike Manufacturing Act of 2020’’. retary may terminate the designation of any Na- force of State law enforcement officers, SEC. 2. NATIONAL CENTERS OF EXCELLENCE IN tional Center of Excellence designated under public safety officials, and others to CONTINUOUS PHARMACEUTICAL this section if the Secretary determines such Na- consider potential criminal penalties MANUFACTURING. tional Center of Excellence no longer meets the criteria specified in subsection (c). Not later to end fee diversion at its source. This (a) IN GENERAL.—Section 3016 of the 21st Cen- tury Cures Act (21 U.S.C. 399h) is amended to than 60 days before the effective date of such a strike force would also study jurisdic- read as follows: termination, the Secretary shall provide written tional, budgetary, and other barriers to ‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE notice to the National Center of Excellence, in- ending diversion. IN CONTINUOUS PHARMACEUTICAL cluding the rationale for such termination. Mr. Speaker, I want to thank Mr. MANUFACTURING. ‘‘(e) CONDITIONS FOR DESIGNATION.—As a con- ENGEL and Chairman PALLONE for ‘‘(a) IN GENERAL.—The Secretary of Health dition of designation as a National Center of working with us to add this important and Human Services, acting through the Com- Excellence under this section, the Secretary language to the bill. I would also like missioner of Food and Drugs— shall require that an institution of higher education enter into an agreement with the Sec- to thank FCC Commissioner Michael ‘‘(1) shall solicit and, beginning not later than one year after the date of enactment of the Na- retary under which the institution agrees— O’Rielly, for his work on the issue. He ‘‘(1) to collaborate directly with the Food and has been a steadfast champion on try- tional Centers of Excellence in Continuous Pharmaceutical Manufacturing Act of 2020, re- Drug Administration to publish the reports re- ing to address this issue and hold ceive requests from institutions of higher edu- quired by subsection (g); ‘‘(2) to share data with the Food and Drug States accountable to the fullest ex- cation to be designated as a National Center of Administration regarding best practices and re- tent of the law. Excellence in Continuous Pharmaceutical Man- search generated through the funding under Mr. Speaker, I urge support of this ufacturing (in this section referred to as a ‘Na- subsection (f); legislation by my colleagues, and I tional Center of Excellence’) to support the ad- ‘‘(3) to develop, along with industry partners yield back the balance of my time. vancement and development of continuous man- (which may include large and small biopharma- C ufacturing; and Mr. M NERNEY. Mr. Speaker, I yield ceutical manufacturers, generic and non- ‘‘(2) shall so designate any institution of high- myself such time as I may consume. prescription manufacturers, and contract manu- er education that— Mr. Speaker, I want to thank the mi- facturers) and another institution or institu- ‘‘(A) requests such designation; and nority manager, Mr. GIANFORTE, for his tions designated under this section, if any, a ‘‘(B) meets the criteria specified in subsection work this afternoon in managing the roadmap for developing a continuous manufac- (c). floor. turing workforce; The T-Band is what our first respond- ‘‘(b) REQUEST FOR DESIGNATION.—A request ‘‘(4) to develop, along with industry partners for designation under subsection (a) shall be ers and public safety personnel are and other institutions designated under this sec- made to the Secretary at such time, in such tion, a roadmap for strengthening existing, and used to. They don’t want to lose it. And manner, and containing such information as the letting them continue in that band developing new, relationships with other insti- Secretary may require. Any such request shall tutions; and saves the taxpayers up to $4 billion. include a description of how the institution of ‘‘(5) to provide an annual report to the Food That is why we must pass H.R. 451. higher education meets or plans to meet each of and Drug Administration regarding the institu- Mr. Speaker, I urge my colleagues to the criteria specified in subsection (c). tion’s activities under this section, including a support this legislation, and I yield ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.— description of how the institution continues to back the balance of my time. The criteria specified in this subsection with re- meet and make progress on the criteria listed in The SPEAKER pro tempore. The spect to an institution of higher education are subsection (c). question is on the motion offered by that the institution has, as of the date of the ‘‘(f) FUNDING.— the gentleman from California (Mr. submission of a request under subsection (a) by ‘‘(1) IN GENERAL.—The Secretary shall award such institution— funding, through grants, contracts, or coopera- MCNERNEY) that the House suspend the ‘‘(1) physical and technical capacity for re- rules and pass the bill, H.R. 451, as tive agreements, to the National Centers of Ex- search and development of continuous manufac- cellence designated under this section for the amended. turing; purpose of studying and recommending improve- The question was taken. ‘‘(2) manufacturing knowledge-sharing net- ments to continuous manufacturing, including The SPEAKER pro tempore. In the works with other institutions of higher edu- such improvements as may enable the Centers— opinion of the Chair, two-thirds being cation, large and small pharmaceutical manu- ‘‘(A) to continue to meet the conditions speci- in the affirmative, the ayes have it. facturers, generic and nonprescription manufac- fied in subsection (e); and

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\K21SE7.109 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4617 ‘‘(B) to expand capacity for research on, and ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The FDA has been working to support in- development of, continuing manufacturing. term ‘institution of higher education’ has the creased utilization of this technology ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a meaning given such term in section 101(a) of the because, as we have heard from the condition on receipt of funding under this sub- Higher Education Act of 1965 (20 U.S.C. head of FDA’s drug center, Dr. Janet section, a National Center of Excellence shall 1001(a)). agree to consider any input from the Secretary ‘‘(4) SECRETARY.—The term ‘Secretary’ means Woodcock, continuous manufacturing regarding the use of funding that would— the Secretary of Health and Human Services, can help ‘‘increase the resilience of our ‘‘(A) help to further the advancement of con- acting through the Commissioner of Food and domestic manufacturing base and re- tinuous manufacturing through the National Drugs.’’. duce quality issues that trigger drug Center of Excellence; and (b) TRANSITION RULE.—Section 3016 of the 21st shortages or recalls.’’ ‘‘(B) be relevant to the mission of the Food Century Cures Act (21 U.S.C. 399h), as in effect and Drug Administration. H.R. 4866 will help support this work on the day before the date of the enactment of by investing in centers of excellence at ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— this section, shall apply with respect to grants There is authorized to be appropriated to carry awarded under such section before such date of universities that can help us to further out this subsection $80,000,000 for the period of enactment. improve this technology, transfer it to fiscal years 2021 through 2025. drug manufacturers, and increase its The SPEAKER pro tempore. Pursu- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this use and capability in the United section shall be construed as precluding a Na- ant to the rule, the gentlewoman from States. These centers of excellence tional Center for Excellence designated under Michigan (Mrs. DINGELL) and the gen- would also be charged with helping to this section from receiving funds under any tleman from Montana (Mr. GIANFORTE) develop a domestic workforce that other provision of this Act or any other Federal each will control 20 minutes. would be able to help manufacturers law. The Chair recognizes the gentle- ‘‘(g) ANNUAL REVIEW AND REPORTS.— with the adoption of continuous manu- woman from Michigan. ‘‘(1) ANNUAL REPORT.—Beginning not later facturing. than one year after the date on which the first GENERAL LEAVE designation is made under subsection (a), and For States like mine, Michigan, cen- Mrs. DINGELL. Mr. Speaker, I ask ters of excellence supported by H.R. annually thereafter, the Secretary shall— unanimous consent that all Members ‘‘(A) submit to Congress a report describing 4866 could help to leverage our manu- the activities, partnerships and collaborations, may have 5 legislative days in which to facturing expertise to support the Federal policy recommendations, previous and revise and extend their remarks and in- growth of a new generation of drug continuing funding, and findings of, and any clude extraneous material on H.R. 4866. manufacturers in our own backyard. other applicable information from, the National The SPEAKER pro tempore. Is there Now more than ever, we must work Centers of Excellence designated under this sec- objection to the request of the gentle- tion; and to bring drug manufacturing home to woman from Michigan? ensure that our critical medicines are ‘‘(B) make such report available to the public There was no objection. in an easily accessible electronic format on the available without interruption in pub- website of the Food and Drug Administration. Mrs. DINGELL. Mr. Speaker, I yield lic health emergencies or crises. ‘‘(2) REVIEW OF NATIONAL CENTERS OF EXCEL- myself such time as I may consume. Mr. Speaker, I urge my colleagues to LENCE AND POTENTIAL DESIGNEES.—The Sec- Mr. Speaker, before I begin, I want to support this legislation, and I reserve retary shall periodically review the National ALLONE and Ranking thank Chairman P the balance of my time. Centers of Excellence designated under this sec- Member WALDEN for their bipartisan Mr. GIANFORTE. Mr. Speaker, I tion to ensure that such National Centers of Ex- leadership on all of the legislation be- yield myself such time as I may con- cellence continue to meet the criteria for des- fore us today. During this unprece- ignation under this section. sume. ‘‘(3) REPORT ON LONG-TERM VISION OF FDA dented public health crisis, and in spite of significant logistical challenges, the Mr. Speaker, I rise today in support ROLE.—Not later than 2 years after the date on of H.R. 4866, the National Centers of which the first designation is made under sub- Energy and Commerce Committee has Excellence and Continuous Pharma- section (a), the Secretary, in consultation with come together on a bipartisan basis on the National Centers of Excellence designated legislation to meaningfully address ceutical Manufacturing Act introduced under this section, shall submit a report to the many public health issues we continue by Chairman PALLONE and Representa- Congress on the long-term vision of the Depart- to face. tive GUTHRIE. ment of Health and Human Services on the role This legislation would direct the of the Food and Drug Administration in sup- I would also like to commend many of my fellow committee members for FDA to designate higher education in- porting continuous manufacturing, including— stitutions as national centers of excel- ‘‘(A) a national framework of principles re- their advocacy and efforts on the legis- lated to the implementation and regulation of lation before us today. lence, allowing the FDA to work with continuous manufacturing; Mr. Speaker, I am proud to rise in the centers and industry to create a ‘‘(B) a plan for the development of Federal support of H.R. 4866, the National Cen- national framework for implementa- regulations and guidance for how advanced ters of Excellence in Continuous Phar- tion of continuous manufacturing tech- manufacturing and continuous manufacturing maceutical Manufacturing Act. nology. can be incorporated into the development of Last October, the Committee on En- pharmaceuticals and regulatory responsibilities b 1745 ergy and Commerce held a hearing on of the Food and Drug Administration; and ‘‘(C) appropriate feedback solicited from the COVID–19 has made clear that the safeguarding the pharmaceutical sup- public, which may include other institutions, United States is overly reliant on for- ply chain. At this hearing, Dr. Janet large and small biopharmaceutical manufactur- eign manufacturers for critical prod- Woodcock, Director of the Center for ers, generic and nonprescription manufacturers, ucts like personal protective equip- Drug Evaluation and Research at the and contract manufacturers. ment and pharmaceuticals. For far too FDA, spoke at length about the advan- ‘‘(h) DEFINITIONS.—In this section: tages of advanced manufacturing tech- ‘‘(1) ADVANCED MANUFACTURING.—The term long, we have relied on China and India ‘advanced manufacturing’ means an approach to provide our necessary medicines and nology, such as continuous manufac- for the manufacturing of pharmaceuticals that the ingredients needed to make them. turing. incorporates novel technology, or uses an estab- In times of crisis like COVID–19, access This included the potential to reduce lished technique or technology in a new or inno- to critical medicines is even more crit- our dependence on foreign sources of vative way (such as continuous manufacturing ical. active pharmaceutical ingredients, in- where the input materials are continuously While there are many things we must crease our manufacturing resiliency, transformed within the process by two or more do to encourage drug manufacturing to and reduce quality issues that often unit operations) that enhances drug quality or improves the manufacturing process. come back to the United States, in- trigger drug shortages. Increased adop- ‘‘(2) CONTINUOUS MANUFACTURING.—The term vesting and supporting the use of effi- tion of these technologies could open ‘continuous manufacturing’— cient, innovative technologies like con- the door to a revived U.S. manufac- ‘‘(A) means a process where the input mate- tinuous manufacturing hold promise. turing base and lower production costs, rials are continuously fed into and transformed Continuous manufacturing allows resulting in lower drug prices and a within the process, and the processed output manufacturers to make drugs more ef- more stable drug supply. materials are continuously removed from the ficiently, thereby improving the qual- Given the potential this technology system; and ‘‘(B) consists of an integrated process that ity of drugs while also reducing waste holds, I am pleased we are moving for- consists of a series of two or more unit oper- and the footprint needs that tradi- ward with this bipartisan legislation to ations. tional drug manufacturing requires. further advance this development. I

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.046 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4618 CONGRESSIONAL RECORD — HOUSE September 21, 2020 urge my colleagues to support this leg- medication, including medication necessary for ‘‘(6) TRANSFERS AND REIMBURSEMENTS.— islation, and I reserve the balance of the use of ventilators, due to surges in de- ‘‘(A) IN GENERAL.—Without regard to chap- my time. mand. H.R. 4866 will help prevent supply ter 5 of title 40, United States Code, the Sec- Mrs. DINGELL. Mr. Speaker, I re- retary may transfer to any Federal depart- chain interruptions like these by increasing do- ment or agency, on a reimbursable basis, any serve the balance of my time. mestic manufacturing and allowing manufac- drugs, vaccines and other biological prod- Mr. GIANFORTE. Mr. Speaker, I turers to more quickly adjust to sudden shifts ucts, medical devices, and other supplies in yield 3 minutes to the gentleman from in demand. the stockpile if— Kentucky (Mr. GUTHRIE). As Dr. Janet Woodcock, the Director for the ‘‘(i) the transferred supplies are less than Mr. GUTHRIE. Mr. Speaker, I rise Center for Drug Evaluation and Research at one year from expiry; today in support of H.R. 4866, the Na- FDA told the Energy and Commerce Sub- ‘‘(ii) the stockpile is able to replenish the tional Centers of Excellence in Contin- committee on Health last year, advance manu- supplies, as appropriate; and uous Pharmaceutical Manufacturing ‘‘(iii) the Secretary decides the transfer is facturing technologies—such as continuous in the best interest of the United States Gov- Act, a bill I introduced with my col- manufacturing—can help to ‘‘reduce the Na- ernment. league, Energy and Commerce Com- tion’s dependence on foreign sources of [ac- ‘‘(B) USE OF REIMBURSEMENT.—Reimburse- mittee Chairman FRANK PALLONE. tive pharmaceutical ingredients], increase the ment derived from the transfer of supplies In 2016, I was proud to work with my resilience of our domestic manufacturing base, pursuant to subparagraph (A) may, to the ex- fellow committee members on the 21st and reduce quality issues that trigger drug tent and in the amounts made available in Century Cures Act, which included leg- shortages or recalls.’’ advance in appropriations Acts, be used by islation to issue grants for institutions In other words, by passing this bill and ex- the Secretary to carry out this section. Funds made available pursuant to the pre- of higher education to study the proc- panding continuous manufacturing technology ceding sentence are in addition to any other ess of continuous pharmaceutical man- in the United States, we can avoid future drug funds that may be made available for such ufacturing. H.R. 4866, which we are con- shortages and other supply chain interrup- purpose. sidering today, builds on this partner- tions, while bringing jobs back to the United ‘‘(C) RULE OF CONSTRUCTION.—This para- ship established in the Cures Act. States. This will help those on the frontlines graph shall not be construed to preclude Continuous manufacturing for phar- battling COVID–19 and the patients who are transfers of products in the stockpile under maceuticals is a new technology that depending on them. other authorities. allows for drugs to be produced in a ‘‘(D) REPORT.—Not later than September I want to thank Representative GUTHRIE for 30, 2022, the Secretary shall submit to the continuous stream, helping drugs get working with me on this bill and demonstrating Committee on Energy and Commerce of the into the market faster. This is some- the collegial and bipartisan spirit of the Energy House of Representatives and the Committee thing that has become increasingly im- and Commerce Committee. I urge all mem- on Health, Education, Labor, and Pensions of portant during the COVID–19 pan- bers to support this important legislation. the Senate a report on each transfer made demic. We need to ensure that our drug The SPEAKER pro tempore. The under this paragraph and the amount re- supply chain does not depend too heav- question is on the motion offered by ceived by the Secretary in exchange for that ily on other countries, such as China. the gentlewoman from Michigan (Mrs. transfer. ‘‘(E) SUNSET.—The authority to make Mr. Speaker, I urge my colleagues to DINGELL) that the House suspend the transfers under this paragraph shall cease to support H.R. 4866. rules and pass the bill, H.R. 4866, as be effective on September 30, 2023.’’. Mrs. DINGELL. Mr. Speaker, I re- amended. SEC. 3. EQUIPMENT MAINTENANCE. serve the balance of my time. The question was taken; and (two- Section 319F–2 of the Public Health Service Mr. GIANFORTE. Mr. Speaker, I thirds being in the affirmative) the Act (42 U.S.C. 247d–6b) is amended— urge adoption of this bill, and I yield rules were suspended and the bill, as (1) in subsection (a)(3)— back the balance of my time. amended, was passed. (A) in subparagraph (I), by striking ‘‘; and’’ Mrs. DINGELL. Mr. Speaker, it is A motion to reconsider was laid on and inserting a semicolon; time for the United States to focus on the table. (B) in subparagraph (J), by striking the period at the end and inserting a semicolon; bringing the production back home. I f and urge my colleagues to support this leg- STRENGTHENING AMERICA’S (C) by inserting the following new subpara- islation, and I yield back the balance of STRATEGIC NATIONAL STOCK- graph at the end: my time. ‘‘(K) ensure contents of the stockpile re- PILE ACT OF 2020 Mr. PALLONE. Mr. Speaker, I rise in sup- main in good working order and, as appro- port of H.R. 4866, the National Centers of Ex- Mrs. DINGELL. Mr. Speaker, I move priate, conduct maintenance services on con- cellence in Continuous Pharmaceutical Manu- to suspend the rules and pass the bill tents of the stockpile; and’’; and (H.R. 7574) to amend the Public Health (2) in subsection (c)(7)(B), by adding at the facturing Act. end the following new clause: Continuous pharmaceutical manufacturing is Service Act with respect to the Stra- tegic National Stockpile, and for other ‘‘(ix) EQUIPMENT MAINTENANCE SERVICE.—In the future of medicine. This bipartisan bill, carrying out this section, the Secretary may which I introduced with Representative GUTH- purposes, as amended. enter into contracts for the procurement of RIE last year, will foster the development of The Clerk read the title of the bill. equipment maintenance services.’’. continuous manufacturing technology, a more The text of the bill is as follows: SEC. 4. SUPPLY CHAIN FLEXIBILITY MANUFAC- nimble and efficient mode of pharmaceutical H.R. 7574 TURING PILOT. production. It does this by expanding opportu- Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d– nities for the Food and Drug Administration resentatives of the United States of America in Congress assembled, 6b(a)(3)), as amended by section 3, is further (FDA) to partner with universities across the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. amended by adding at the end the following country that are leading these efforts and cre- new subparagraph: (a) SHORT TITLE.—This Act may be cited as ate Centers of Excellence for Continuous the ‘‘Strengthening America’s Strategic Na- ‘‘(L) enhance medical supply chain elas- Pharmaceutical Manufacturing. The partner- tional Stockpile Act of 2020’’. ticity and establish and maintain domestic ships created by the legislation will help de- (b) TABLE OF CONTENTS.—The table of con- reserves of critical medical supplies (includ- velop continuous manufacturing technology tents for this Act is as follows: ing personal protective equipment, ancillary medical supplies, and other applicable sup- Sec. 1. Short title; table of contents. and standardization, develop a continuous plies required for the administration of manufacturing workforce here in the United Sec. 2. Reimbursable transfers. Sec. 3. Equipment maintenance. drugs, vaccines and other biological prod- States, and make recommendations for how Sec. 4. Supply chain flexibility manufac- ucts, and other medical devices (including FDA, industry, and others can expand the use turing pilot. diagnostic tests)) by— of continuous manufacturing for drugs and bio- Sec. 5. GAO study on the feasibility and ben- ‘‘(i) increasing emergency stock of critical logics. efits of a user fee agreement. medical supplies; The COVID–19 pandemic has demonstrated Sec. 6. Grants for State strategic stockpiles. ‘‘(ii) geographically diversifying domestic how the outdated batch manufacturing proc- Sec. 7. Action reporting. production of such medical supplies, as ap- Sec. 8. Improved, transparent processes. propriate; ess adds to the potential for supply chain Sec. 9. Authorization of appropriations. ‘‘(iii) entering into cooperative agreements issues. During the initial stages of the out- SEC. 2. REIMBURSABLE TRANSFERS. or partnerships with respect to manufac- break in New Jersey, I heard from health pro- Section 319F–2(a) of the Public Health turing lines, facilities, and equipment for the viders in my district about their inability to ac- Service Act (42 U.S.C. 247d–6b(a)) is amended domestic production of such medical sup- cess commonly used and critically needed by adding at the end the following: plies; and

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‘‘(iv) managing, either directly or through ‘‘(1) USES.—A State receiving a grant (1) INITIAL REPORT.—The initial report cooperative agreements with manufacturers under this section may use the grant funds under subsection (a) shall address all re- and distributors, domestic reserves estab- to— quests described in such subsection made lished under this subparagraph by refreshing ‘‘(A) acquire commercially available prod- during the period— and replenishing stock of such medical sup- ucts listed pursuant to paragraph (2) for in- (A) beginning on January 31, 2020; and plies.’’. clusion in the State’s strategic stockpile; (B) ending on the date that is 30 days be- (b) REPORTING; SUNSET.—Section 319F–2(a) ‘‘(B) store, maintain, and distribute prod- fore the date of submission of the report. of the Public Health Service Act (42 U.S.C. ucts in such stockpile; and (2) UPDATES.—Each update to the report 247d–6b(a)), as amended by section 2, is fur- ‘‘(C) conduct planning in connection with under subsection (a) shall address all re- ther amended by adding at the end the fol- such activities. quests described in such subsection made lowing: ‘‘(2) LIST.—The Secretary shall develop and during the period— ‘‘(7) REPORTING.—Not later than September publish a list of the products that are eligi- (A) beginning at the end of the previous re- 30, 2022, the Secretary shall submit to the ble, as described in subsection (a), for inclu- porting period under this section; and Committee on Energy and Commerce of the sion in a State’s strategic stockpile using (B) ending on the date that is 30 days be- House of Representatives and the Committee funds received under this section. fore the date of submission of the updated re- on Health, Education, Labor and Pensions of ‘‘(3) CONSULTATION.—In developing the list port. the Senate a report on the details of each co- under paragraph (2) and otherwise deter- (c) CONTENTS OF REPORT.—The report operative agreement or partnership entered mining the allowable uses of grant funds under subsection (a) (and updates thereto) into under paragraph (3)(L), including the under this section, the Secretary shall con- shall include— amount expended by the Secretary on each sult with States and relevant stakeholders, (1) the details of each request described in such cooperative agreement or partnership. including public health organizations. such subsection, including— ‘‘(8) SUNSET.—The authority to enter into ‘‘(c) FUNDING REQUIREMENT.—The Sec- (A) the specific medical countermeasures, cooperative agreements or partnerships pur- retary may not obligate or expend any funds devices, personal protective equipment, and suant to paragraph (3)(L) shall cease to be ef- to award grants or fund any previously other materials requested; and fective on September 30, 2023.’’. awarded grants under this section for a fiscal (B) the amount of such materials re- (c) FUNDING.—Section 319F–2(f) of the Pub- year unless the total amount made available quested; and lic Health Service Act (42 U.S.C. 247d–6b(f)) is to carry out section 319F–2 for such fiscal (2) the outcomes of each request described amended by adding at the end the following: year is equal to or greater than the total in subsection (a), including— ‘‘(3) SUPPLY CHAIN ELASTICITY.— amount of funds made available to carry out (A) whether the request was wholly ful- ‘‘(A) IN GENERAL.—For the purpose of car- section 319F–2 for fiscal year 2020. filled, partially fulfilled, or denied; rying out subsection (a)(3)(L), there is au- ‘‘(d) MATCHING FUNDS.— (B) if the request was wholly or partially thorized to be appropriated $500,000,000 for ‘‘(1) IN GENERAL.—With respect to the costs fulfilled, the fulfillment amount; and each of fiscal years 2021 through 2023, to re- of expanding and maintaining a strategic (C) if the request was partially fulfilled or main available until expended. stockpile through a grant under this section, denied, a rationale for such outcome. ‘‘(B) RELATION TO OTHER AMOUNTS.—The as a condition on receipt of the grant, a SEC. 8. IMPROVED, TRANSPARENT PROCESSES. amount authorized to be appropriated by State shall make available (directly) non- subparagraph (A) for the purpose of carrying Federal contributions in cash toward such (a) IN GENERAL.—Not later than January 1, out subsection (a)(3)(L) is in addition to any costs in an amount that is equal to not less 2021, the Secretary of Health and Human other amounts available for such purpose.’’. than the amount of Federal funds provided Services shall develop and implement improved, transparent processes for the use and SEC. 5. GAO STUDY ON THE FEASIBILITY AND through the grant. BENEFITS OF A USER FEE AGREE- ‘‘(2) WAIVER.—The Secretary may waive distribution of drugs, vaccines and other bio- MENT. the requirement of paragraph (1) with re- logical products, medical devices, and other (a) IN GENERAL.—The Comptroller General spect to a State for the first two years of the supplies (including personal protective of the United States shall conduct a study to State receiving a grant under this section if equipment, ancillary medical supplies, and investigate the feasibility of establishing the Secretary determines that such waiver is other applicable supplies required for the ad- user fees to offset certain Federal costs at- needed for the State to establish a strategic ministration of drugs, vaccines and other bi- tributable to the procurement of single- stockpile described in subsection (a). ological products, medical devices, and diag- source materials for the Strategic National ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- nostic tests) in the Strategic National Stockpile under section 319F–2 of the Public retary shall provide technical assistance to Stockpile under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) and States in establishing, expanding, and main- Health Service Act (42 U.S.C. 247d–6b) (in distributions of such materials from the taining a stockpile described in subsection this section referred to as the ‘‘Stockpile’’). Stockpile. In conducting this study, the (a). (b) PROCESSES.—The processes developed Comptroller General shall consider, to the ‘‘(f) DEFINITION.—In this section, the term under subsection (a) shall include— extent information is available— ‘drug’ has the meaning given to that term in (1) the form and manner in which States, (1) whether entities receiving such dis- section 201 of the Federal Food, Drug, and localities, Tribes, and territories are re- tributions generate profits from those dis- Cosmetic Act. quired to submit requests for supplies from tributions; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the Stockpile; (2) any Federal costs attributable to such To carry out this section, there is authorized (2) the criteria used by the Secretary of distributions; to be appropriated $3,500,000,000 for each of Health and Human Services in responding to (3) whether such user fees would provide fiscal years 2021 through 2023, to remain such requests, including the reasons for ful- the Secretary with funding to potentially available until expended. filling or denying such requests; offset procurement costs of such materials ‘‘(h) SUNSET.—The authority vested by this (3) what circumstances result in for the Strategic National Stockpile; and section terminates at the end of fiscal year prioritization of distribution of supplies (4) any other issues the Comptroller Gen- 2023.’’. from the Stockpile to States, localities, eral identifies as relevant. SEC. 7. ACTION REPORTING. Tribes, or territories; (b) REPORT.—Not later than February 1, (a) IN GENERAL.—The Secretary of Health (4) clear plans for future, urgent commu- 2023, the Comptroller General of the United and Human Services or the Assistant Sec- nication between the Secretary and States, States shall submit to the Congress a report retary for Preparedness and Response, in localities, Tribes, and territories regarding on the findings and conclusions of the study consultation with the Administrator of the the outcome of such requests; and under subsection (a). Federal Emergency Management Agency, (5) any differences in the processes devel- SEC. 6. GRANTS FOR STATE STRATEGIC STOCK- shall— oped under subsection (a) for geographically PILES. (1) not later than 30 days after the date of related emergencies, such as weather events, Title III of the Public Health Service Act enactment of this Act, issue a report to the and national emergencies, such as is amended by inserting after section 319F–4 Committee on Energy and Commerce of the pandemics. of such Act (42 U.S.C. 247d–6e) the following House of Representatives and the Committee (c) CLASSIFICATION.—The processes devel- new section: on Health, Education, Labor, and Pensions of oped under subsection (a) shall be unclassi- ‘‘SEC. 319F–5. GRANTS FOR STATE STRATEGIC the Senate regarding all State, local, Tribal, fied to the greatest extent possible con- STOCKPILES. and territorial requests for supplies from the sistent with national security. The Sec- ‘‘(a) IN GENERAL.—The Secretary may es- Strategic National Stockpile related to retary of Health and Human Services may tablish a pilot program consisting of award- COVID–19; and classify portions of such processes as nec- ing grants to States to expand or maintain a (2) not less than every 30 days thereafter essary to protect national security. strategic stockpile of commercially avail- through the end of the emergency period (as (d) REPORT TO CONGRESS.—Not later than able drugs, devices, personal protective such term is defined in section 1135(g)(1)(B) January 1, 2021, the Secretary of Health and equipment, and other products deemed by of the Social Security Act (42 U.S.C. 1320b– Human Services shall— the State to be essential in the event of a 5(g)(1)(B))), submit to such committees an (1) submit a report to the Committee on public health emergency. updated version of such report. Energy and Commerce of the House of Rep- ‘‘(b) ALLOWABLE USE OF FUNDS.— (b) REPORTING PERIOD.— resentatives and the Committee on Health,

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.040 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4620 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Education, Labor, and Pensions of the Sen- critical manufacturing supplies before Speaker to name Members of this Committee ate regarding the improved, transparent they are expired. to any conference committee which is named processes developed under this section; It also includes a provision my col- to consider such provisions. Please place this letter into the Congres- (2) include in such report recommendations league Congresswoman JACKIE for opportunities for communication (by sional Record during consideration of the WALORSKI and I authored to create in- telebriefing, phone calls, or in-person meet- measure on the House floor. Thank you for ings) between the Secretary and States, lo- centives to geographically diversify the cooperative spirit in which you have calities, Tribes, and territories regarding production of medical supplies and worked regarding this matter and others be- such improved, transparent processes; and allow the SNS the flexibility to enter tween our respective Committees. (3) submit such report in unclassified form into leasing or joint ventures with Sincerely, to the greatest extent possible, except that manufacturers to quickly scale up pro- CAROLYN B. MALONEY, the Secretary may include a classified ap- duction if needed. Chairwoman. pendix if necessary to protect national secu- The Strengthening America’s Stra- Mr. GIANFORTE. Mr. Speaker, I rity. tegic National Stockpile Act is the cul- yield myself such time as I may con- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. mination of months of bipartisan work, sume. Section 319F–2(f)(1) of the Public Health Mr. Speaker, I rise today in support Service Act (42 U.S.C. 247d-6b(f)(1)) is amend- and I thank Congresswoman SLOTKIN, ed by striking ‘‘$610,000,000 for each of fiscal my colleagues on the Energy and Com- of H.R. 7574, the Strengthening Amer- years 2019 through 2023’’ and inserting merce Committee, as well as both ica’s Strategic National Stockpile Act, ‘‘$705,000,000 for each of fiscal years 2021 Democrat and Republican committee which was introduced by Representa- through 2023’’. staff for their efforts. tives SLOTKIN and BROOKS. The SPEAKER pro tempore. Pursu- Mr. Speaker, the Strengthening The legislation that I cosponsored ant to the rule, the gentlewoman from America’s Strategic National Stock- along with a long bipartisan list of oth- Michigan (Mrs. DINGELL) and the gen- pile Act is vital to both our public ers is a combination of bills to improve tleman from Montana (Mr. GIANFORTE) health and national security. I urge my the Strategic National Stockpile, or each will control 20 minutes. colleagues to support this legislation, SNS. The Chair recognizes the gentle- and I reserve the balance of my time. This includes allowing the SNS to woman from Michigan. HOUSE OF REPRESENTATIVES, sell off products in the stockpile before GENERAL LEAVE COMMITTEE ON ENERGY AND COMMERCE, their expiration so that they could be Mrs. DINGELL. Mr. Speaker, I ask Washington, DC, September 21, 2020. used. unanimous consent that all Members Hon. CAROLYN B. MALONEY, It directs the Secretary of Health and Chairwoman, Committee on Oversight and Re- may have 5 legislative days in which to Human Services to examine user fee form, Washington, DC. agreements, improve maintenance of revise and extend their remarks and in- DEAR CHAIRWOMAN MALONEY: I am writing clude extraneous material on H.R. 7574. concerning H.R. 7574, the ‘‘Strengthening the stockpile, and allowing for agree- The SPEAKER pro tempore. Is there America’s Strategic National Stockpile Act ments with domestic producers of sup- objection to the request of the gentle- of 2020,’’ which was referred to the Com- plies to improve the supply chain to re- woman from Michigan? mittee on Energy and Commerce on July 13, fresh and replenish existing stocks. There was no objection. 2020. It also directs the Federal Emer- Mrs. DINGELL. Mr. Speaker, I yield I appreciate you not seeking a sequential gency Management Agency and the myself such time as I may consume. referral of H.R. 7574 so that the bill may be Centers for Disease Control to report Mr. Speaker, I rise in strong support considered expeditiously. I acknowledge that on distributions from the stockpile, as forgoing your referral claim does not waive, of the Strengthening America’s Stra- reduce, or otherwise affect the jurisdiction of well as requests for supplies from tegic National Stockpile Act of 2020. the Committee on Oversight and Reform State, local, Tribal, and territorial This legislation incorporates a num- over this legislation, or any appropriate leg- agencies. It would authorize a pilot ber of provisions to modernize the islation. I will appropriately consult and in- program for establishing State stock- Strategic National Stockpile and to volve the Committee on Oversight and Re- piles and increase the Strategic Na- ensure that we are adequately prepared form as this bill progresses. I would support tional Stockpile funding authorization for future public health emergencies. your effort to seek appointment of an appro- to $705 million. The current COVID–19 pandemic has priate number of conferees from your com- We need to ensure our country is pre- shown the importance of ensuring that mittee to any House-Senate conference on pared to deal with whatever health cri- the United States has adequate manu- this legislation. I will ensure our letters on H.R. 7574 are sis it faces, no matter if it is disease, facturing capacity and stockpiles of entered into the Congressional Record dur- disaster, or terrorism. PPE and other medical equipment so ing floor consideration of the bill. I appre- I urge my colleagues to support this that America’s first responders and ciate your cooperation regarding this legis- bipartisan legislation to refill and im- healthcare workers are prepared for lation and look forward to continuing to prove the Strategic National Stock- public health emergencies. work together as this measure moves pile. In the early days of the pandemic, through the legislative process. Mr. Speaker, I urge adoption of this our frontline healthcare workers were Sincerely, important legislation, and I yield back forced to rely on deficient equipment FRANK PALLONE, JR., Chairman. the balance of my time. from overseas manufacturers or ex- Mrs. DINGELL. Mr. Speaker, I urge pired equipment in the existing Stra- HOUSE OF REPRESENTATIVES, my colleagues to support this legisla- tegic National Stockpile. COMMITTEE ON OVERSIGHT AND REFORM, tion, and I yield back the balance of Even today, after months of efforts Washington, DC, September 21, 2020. my time. at the Federal, State, and local levels, Hon. FRANK PALLONE, The SPEAKER pro tempore. The we continue to face concerning defi- Chairman, Committee on Energy and Commerce, question is on the motion offered by ciencies in PPE and other lifesaving House of Representatives, Washington, DC. the gentlewoman from Michigan (Mrs. DEAR CHAIRMAN PALLONE: I am writing to medical equipment. DINGELL) that the House suspend the We must make robust long-term in- you concerning H.R. 7574, the Strengthening America’s Strategic National Stockpile Act rules and pass the bill, H.R. 7574, as vestments in our Nation’s Strategic of 2020. There are certain provisions in the amended. National Stockpile and manufacturing legislation which fall within the Rule X ju- The question was taken; and (two- capability to better respond to future risdiction of the Committee on Oversight thirds being in the affirmative) the public health emergencies. and Reform. rules were suspended and the bill, as The Strengthening America’s Stra- In the interest of permitting your Com- amended, was passed. tegic National Stockpile Act meets mittee to proceed expeditiously on this bill, A motion to reconsider was laid on this need by increasing the annual au- I am willing to waive this Committee’s right the table. thorization of the SNS to $705 million. to sequential referral. I do so with the understanding that by waiving consideration of f This will allow the Federal Govern- the bill, the Committee on Oversight and Re- ment to direct appropriate resources SCARLETT’S SUNSHINE ON form does not waive any future jurisdic- SUDDEN UNEXPECTED DEATH ACT toward future emergencies. tional claim over the subject matters con- The legislation will also allow the tained in the bill which fall within its Rule Mrs. DINGELL. Mr. Speaker, I move SNS to refresh and replenish stocks of X jurisdiction. I request that you urge the to suspend the rules and pass the bill

VerDate Sep 11 2014 08:25 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.040 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4621 (H.R. 2271) to amend the Public Health pected death in childhood, including practices ‘‘(A) have a proven history of effective direct Service Act to improve the health of to reduce sleep-related infant deaths; support services and interventions for sudden children and help better understand ‘‘(D) increasing the voluntary inclusion, in unexpected infant death and sudden unex- fatality case reporting systems established for and enhance awareness about unexplained death in childhood; and the purpose of conducting research on sudden ‘‘(B) demonstrate experience through collabo- pected sudden death in early life, as unexpected infant death and sudden unexpected rations and partnerships for delivering services amended. death in childhood, of samples of tissues or ge- described in paragraph (3). The Clerk read the title of the bill. netic materials from autopsies that have been ‘‘(f) DEFINITIONS.—In this section: The text of the bill is as follows: collected pursuant to Federal or State law; or ‘‘(1) SUDDEN UNEXPECTED INFANT DEATH.—The ‘‘(E) disseminating information and materials H.R. 2271 term ‘sudden unexpected infant death’— to health care professionals and the public on ‘‘(A) means the sudden death of an infant Be it enacted by the Senate and House of Rep- risk factors that contribute to sudden unex- under 1 year of age that when first discovered resentatives of the United States of America in pected infant death and sudden unexpected did not have an obvious cause; and Congress assembled, death in childhood, which may include informa- ‘‘(B) includes— SECTION 1. SHORT TITLE. tion on risk factors that contribute to sleep-re- ‘‘(i) such deaths that are explained; and This Act may be cited as the ‘‘Scarlett’s Sun- lated sudden unexpected infant death or sudden ‘‘(ii) such deaths that remain unexplained shine on Sudden Unexpected Death Act’’. unexpected death in childhood. (which are known as sudden infant death syn- SEC. 2. ADDRESSING SUDDEN UNEXPECTED IN- ‘‘(b) APPLICATION.—To be eligible to receive a drome). FANT DEATH AND SUDDEN UNEX- grant or cooperative agreement under subsection ‘‘(2) SUDDEN UNEXPECTED DEATH IN CHILD- PECTED DEATH IN CHILDHOOD. (a)(2), a State, Indian Tribe, or Tribal organiza- HOOD.—The term ‘sudden unexpected death in Part B of title XI of the Public Health Service tion shall submit to the Secretary an application childhood’— Act (42 U.S.C. 241 et seq.) is amended— at such time, in such manner, and containing ‘‘(A) means the sudden death of a child who (1) in the part heading, by striking ‘‘SUDDEN such information as the Secretary may require, is at least 1 year of age but not more than 17 INFANT DEATH SYNDROME’’ and inserting ‘‘SUD- including information on how such State will years of age that, when first discovered, did not DEN UNEXPECTED INFANT DEATH, SUDDEN IN- ensure activities conducted under this section have an obvious cause; and FANT DEATH SYNDROME, AND SUDDEN UNEX- are coordinated with other federally-funded ‘‘(B) includes— PECTED DEATH IN CHILDHOOD’’; and programs to reduce infant mortality, as appro- ‘‘(i) such deaths that are explained; and (2) by inserting before section 1122 the fol- priate. ‘‘(ii) such deaths that remain unexplained lowing: ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary (which are known as sudden unexplained death ‘‘SEC. 1121. ADDRESSING SUDDEN UNEXPECTED shall provide technical assistance to States, in childhood). INFANT DEATH AND SUDDEN UNEX- Tribes, and Tribal organizations receiving a ‘‘(3) SUDDEN UNEXPLAINED DEATH IN CHILD- PECTED DEATH IN CHILDHOOD. grant or cooperative agreement under subsection HOOD.—The term ‘sudden unexplained death in ‘‘(a) IN GENERAL.—The Secretary may de- (a)(2) for purposes of carrying out activities childhood’ means a sudden unexpected death in velop, support, or maintain programs or activi- funded through the grant or cooperative agree- childhood that remains unexplained after a ties to address sudden unexpected infant death ment. thorough case investigation. and sudden unexpected death in childhood, in- ‘‘(d) REPORTING FORMS.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— cluding by— ‘‘(1) IN GENERAL.—The Secretary shall, as ap- For the purpose of carrying out this section, ‘‘(1) continuing to support the Sudden Unex- propriate, encourage the use of sudden unex- there is authorized to be appropriated pected Infant Death and Sudden Death in the pected infant death and sudden unexpected $33,000,000 for each of fiscal years 2021 through Young Case Registry of the Centers for Disease death in childhood reporting forms developed in 2024.’’. collaboration with the Centers for Disease Con- Control and Prevention and other fatality case SEC. 3. REPORT TO CONGRESS. trol and Prevention to improve the quality of reporting systems that include data pertaining (a) IN GENERAL.—Not later than 2 years after data submitted to the Sudden Unexpected In- to sudden unexpected infant death and sudden the date of enactment of this Act, and bienni- fant Death and Sudden Death in the Young unexpected death in childhood, as appropriate, ally thereafter, the Secretary of Health and Case Registry, and other fatality case reporting including such systems supported by the Health Human Services shall submit to the Committee systems that include data pertaining to sudden Resources and Services Administration, in order on Energy and Commerce of the House of Rep- unexpected infant death and sudden unexpected to— resentatives and the Committee on Health, Edu- ‘‘(A) increase the number of States and juris- death in childhood. ‘‘(2) UPDATE OF FORMS.—The Secretary shall cation, Labor, and Pensions of the Senate a re- dictions participating in such systems; or port that contains, with respect to the reporting ‘‘(B) improve the utility of such systems, assess whether updates are needed to the sudden unexpected infant death investigation re- period— which may include— (1) information regarding the incidence and ‘‘(i) making summary data available to the porting form used by the Centers for Disease Control and Prevention in order to improve the number of sudden unexpected infant deaths and public in a timely manner on the internet sudden unexpected deaths in childhood (includ- website of the Department of Health and use of such form with other fatality case reporting systems supported by the Department of ing the number of such infant and child deaths Human Services, in a manner that, at a min- that remain unexplained after investigation), imum, protects personal privacy to the extent re- Health and Human Services, and shall make such updates as appropriate. including, to the extent practicable— quired by applicable Federal and State law; and (A) a summary of such information by racial ‘‘(ii) making the data submitted to such sys- ‘‘(e) SUPPORT SERVICES.— ‘‘(1) IN GENERAL.—The Secretary, acting and ethnic group, and by State; tems available to researchers, in a manner that, (B) aggregate information obtained from at a minimum, protects personal privacy to the through the Administrator, shall award grants to national organizations, State and local death scene investigations and autopsies; and extent required by applicable Federal and State (C) recommendations for reducing the inci- law; and health departments, community-based organizations, and nonprofit organizations for the provi- dence of sudden unexpected infant death and ‘‘(2) awarding grants or cooperative agree- sudden unexpected death in childhood; ments to States, Indian Tribes, and Tribal orga- sion of support services to families who have had a child die of sudden unexpected infant (2) an assessment of the extent to which var- nizations for purposes of— ious approaches of reducing and preventing ‘‘(A) supporting fetal and infant mortality death or sudden unexpected death in childhood. ‘‘(2) APPLICATION.—To be eligible to receive a sudden unexpected infant death and sudden and child death review programs for sudden un- grant under subsection (1), an entity shall sub- unexpected death in childhood have been effec- expected infant death and sudden unexpected mit to the Secretary an application at such time, tive; and death in childhood, including by establishing in such manner, and containing such informa- (3) a description of the activities carried out such programs at the local level; tion as the Secretary may require. under section 1121 of the Public Health Service ‘‘(B) improving data collection related to sud- ‘‘(3) USE OF FUNDS.—Amounts received under Act (as added by section 2). den unexpected infant death and sudden unex- a grant awarded under paragraph (1) may be (b) DEFINITIONS.—In this section, the terms pected death in childhood, including by— used— ‘‘sudden unexpected infant death’’ and ‘‘sudden ‘‘(i) improving the completion of death scene ‘‘(A) to provide grief counseling, education, unexpected death in childhood’’ have the mean- investigations and comprehensive autopsies that home visits, 24-hour hotlines, or information, re- ings given such terms in section 1121 of the Pub- include a review of clinical history and cir- sources, and referrals; lic Health Service Act (as added by section 2). cumstances of death with appropriate ancillary ‘‘(B) to ensure access to grief and bereavement The SPEAKER pro tempore. Pursu- testing; and services; ‘‘(ii) training medical examiners, coroners, ‘‘(C) to build capacity in professionals work- ant to the rule, the gentlewoman from death scene investigators, law enforcement per- ing with families who experience a sudden Michigan (Mrs. DINGELL) and the gen- sonnel, emergency medical technicians, para- death; or tleman from Montana (Mr. GIANFORTE) medics, emergency department personnel, and ‘‘(D) to support peer-to-peer groups for fami- each will control 20 minutes. others who perform death scene investigations lies who have lost a child to sudden unexpected The Chair recognizes the gentle- with respect to the deaths of infants and chil- infant death or sudden unexpected death in woman from Michigan. dren, as appropriate; childhood. ‘‘(C) identifying, developing, and imple- ‘‘(4) PREFERENCE.—In awarding grants under GENERAL LEAVE menting best practices to reduce or prevent sud- paragraph (1), the Secretary shall give pref- Mrs. DINGELL. Mr. Speaker, I ask den unexpected infant death and sudden unex- erence to applicants that— unanimous consent that all Members

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.117 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4622 CONGRESSIONAL RECORD — HOUSE September 21, 2020 may have 5 legislative days within Sudden Unexpected Death Act, which This bill takes a comprehensive approach to which to revise and extend their re- was introduced by Representatives addressing one of the most tragic issues fac- marks and include extraneous material MOORE, COLE, HERRERA BEUTLER, and ing families today, and will help develop and on H.R. 2271. others. deploy critical services to support them in their The SPEAKER pro tempore. Is there The mother of Scarlett Pauley, the time of need. I am proud of the efforts in this objection to the request of the gentle- namesake for this bill, told her heart- bill to not only further the science but also woman from Michigan? breaking story to our committee back support the families who have been impacted. There was no objection. in January on the third anniversary of While nothing can cure their pain, these pro- Mrs. DINGELL. Mr. Speaker, I yield her daughter’s death. grams will support families in their darkest myself such time as I may consume. No parent should have to find their hours. Mr. Speaker, I rise in strong support child dead, and especially of unknown I will continue to work on this issue until no of H.R. 2271, the Scarlett’s Sunshine on causes. more parents lose their child to SIDS, and I Sudden Unexpected Death Act. This legislation would create grant urge my colleagues to support this critical leg- This bipartisan legislation would ad- programs at the Centers for Disease islation. dress the longstanding tragedies of sud- Control to State and local agencies and Ms. MOORE. Mr. Speaker, I rise in strong den unexpected infant deaths and sud- nonprofits to address sudden unex- support of the Scarlett’s Sunshine on Sudden den unexplained death in childhood, pected infant and childhood deaths. Unexpected Death Act. which collectively cost thousands of These grants would support efforts to I thank Chairman PALLONE, Ranking Mem- lives each year and result in heart- standardize investigations into these ber WALDEN, Subcommittee Chairwoman break that no parent should ever have deaths to better understand the med- ESHOO, Subcommittee Ranking Member Dr. to experience. ical causes that trigger these tragic BURGESS, Congresswoman KUSTER, Con- Every year, about 3,500 babies die deaths. gressman TOM COLE, Congresswoman JAMIE suddenly and unexpectedly in the With permission of the families, HERRERA BEUTLER, Congressman JOSH United States before reaching their these grants would also support genetic GOTTHEIMER and so many others who have first birthday, a category of deaths testing to research the causes of death. heard the cries of hurting families that have known as sudden unexpected infant Finally, the bill requires the Depart- experienced the tragic death of a child, often deaths. ment of Health and Human Services to unexpected and without explanation. I want to thank the advocates, like John b 1800 help States and local governments review 100 percent of all infant and child Kahan, Judy Rainey, Stephanie Zarecky, Additionally, approximately 400 chil- Shelia Murphy, who have worked hard to help dren between the ages of 1 and 18 also deaths and enter such reviews into a national reporting system to help get this bill to the floor. die unexpectedly from sudden unex- This bill is named after one of those chil- health researchers combat these trage- plained death in childhood. dren—Scarlett Lillian Pauley, Stephanie’s dies. More research into the causes of daughter—who left this earth too soon. It is Mr. Speaker, I urge adoption of this SUDC and SUID is needed, and this leg- also a story about her family—her mom and important legislation, and I yield back islation will redouble our efforts to her dad (and now her little sister) who took the balance of my time. better understand these tragedies and their personal pain and used it to begin to ad- Mrs. DINGELL. Mr. Speaker, if we prevent future deaths. vocate to help prevent other families from hav- can in any way prevent parents from Scarlett’s Sunshine on Unexpected ing to go through what they did. Death Act will establish grants to na- going through this horrific experience, January 8, 2017 is a day that Scarlett’s fam- tional and State organizations, as well we have an obligation to do so. ily will never forget. To this day, her family as nonprofits, to improve data collec- Mr. Speaker, I urge my colleagues to does not know what took Scarlett from them. tion related to these deaths. support this legislation, and I yield But I hope that September 21, 2020 is also a The legislation will also provide ad- back the balance of my time. day they or other families that have gone ditional resources to increase edu- Mr. PALLONE. Mr. Speaker, I rise today to through this gut-wrenching experience will cation about safe sleep practices for express my strong support for H.R. 2271, the never forget. It’s the day when this House children and infants, as well as author- Scarlett’s Sunshine on Unexpected Death Act. stepped up to the plate to help ensure that izing funding to ensure death reviews This legislation is critical to improving our un- their pain and loss was not in vain. are completed for all infant and child derstanding of sudden unexpected infant The statistics tell us that thousands of fami- deaths. death. lies experienced the unexpected death of an It will provide support services for Tragically, sudden unexpected infant death infant or child each year, with SIDS just one grieving families who are impacted by is the leading cause of death for infants from in this category. But we must never forget that these tragedies. one month to one year of age. this is not just about statistics. Mr. Speaker, improving data collec- As we discuss the Scarlett’s Sunshine on It’s about the real families, the real tears tion and analysis of SUDC and SUID is Unexpected Death Act, I want to recognize all that have been shed, the real frustration when a critical step in helping us understand the parents who have turned their unimagi- they can’t get an answer for why even years and prevent these tragedies and ensure nable grief into progress and whom I have had after the death, and the real fear that lives that no parent has to live with the pain the immense pleasure of working with with them. that comes with losing a child. throughout the years. I remember sitting down with Scarlett’s Mr. Speaker, I thank Representatives This effort would not have been possible mom, Stephanie, earlier this year after she MOORE, COLE, and HERRERA BEUTLER without parents like Laura Crandel, who trag- had the privilege of sharing her story before for leading this legislation and their ically lost her daughter Maria, and John Kahan the Energy and Commerce Health sub- years of advocacy and efforts on this who lost his son Aaron to sudden unexpected committee. She and her husband have a little issue. infant death. girl—I think she is 18 months or so—and I Mr. Speaker, I also acknowledge I have been working on the issue of sudden asked her if she still lived in fear that the Stephanie Zarecky. This legislation is unexplained infant death and sudden unex- same thing would happen again—and the an- named after her daughter, Scarlett, plained death in childhood for years now. In swer was yes. who tragically passed as a result of 2014, I was fortunate enough to stand shoul- So today, we honor Scarlett and the others SUDC, and we wouldn’t be here today der to shoulder with courageous moms like who lost their lives way too soon by passing without her leadership and pushing for Laura as President Obama signed the Sudden this bill to strengthen existing programs to help action. Unexpected Death Data Enhancement and get answers. To improve training so that these Mr. Speaker, I urge my colleagues to Awareness Act into law. deaths are investigated thoroughly and uni- support this legislation, and I reserve Today’s bill builds upon these longstanding formly across the country. Without knowing the balance of my time. efforts by further strengthening our existing why, we can’t act to stop these deaths. Mr. GIANFORTE. Mr. Speaker, I understanding of sudden unexpected deaths I thank everyone who worked to help get us yield myself such time as I may con- in infants and children, facilitating greater data to this day and I urge my colleagues to vote sume. collection and analysis to improve prevention Yes on this bill. Mr. Speaker, I rise today in support efforts, and supporting grieving parents and The SPEAKER pro tempore. The of H.R. 2271, Scarlett’s Sunshine on families who have lost their son or daughter. question is on the motion offered by

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.118 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4623 the gentlewoman from Michigan (Mrs. ‘‘(4) identifying, developing, and evalu- other offices and agencies, as appropriate, DINGELL) that the House suspend the ating new models of care that improve ma- shall establish or continue a competitive rules and pass the bill, H.R. 2271, as ternal and infant health outcomes, which grant program for the establishment or sup- amended. may include the integration of community- port of perinatal quality collaboratives to The question was taken; and (two- based services and clinical care. improve perinatal care and perinatal health ‘‘(b) ELIGIBLE ENTITIES.—To be eligible for outcomes for pregnant and postpartum thirds being in the affirmative) the a grant under subsection (a), an entity women and their infants. A State, Indian rules were suspended and the bill, as shall— Tribe, or Tribal organization may use funds amended, was passed. ‘‘(1) submit to the Secretary an application received through such grant to— A motion to reconsider was laid on at such time, in such manner, and con- ‘‘(I) support the use of evidence-based or the table. taining such information as the Secretary evidence-informed practices to improve out- f may require; and comes for maternal and infant health; ‘‘(2) demonstrate in such application that ‘‘(II) work with clinical teams; experts; MATERNAL HEALTH QUALITY the entity is capable of carrying out data- State, local, and, as appropriate, Tribal pub- IMPROVEMENT ACT OF 2020 driven maternal safety and quality improve- lic health officials; and stakeholders, includ- Mrs. DINGELL. Mr. Speaker, I move ment initiatives in the areas of obstetrics ing patients and families, to identify, de- to suspend the rules and pass the bill and gynecology or maternal health. velop, or disseminate best practices to im- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— prove perinatal care and outcomes; and (H.R. 4995) to amend the Public Health To carry out this section, there are author- ‘‘(III) employ strategies that provide op- Service Act to improve obstetric care ized to be appropriated $5,000,000 for each of portunities for health care professionals and and maternal health outcomes, and for fiscal years 2021 through 2025.’’. clinical teams to collaborate across health other purposes, as amended. SEC. 3. TRAINING FOR HEALTH CARE PRO- care settings and disciplines, including pri- The Clerk read the title of the bill. VIDERS. mary care and mental health, as appropriate, The text of the bill is as follows: Title VII of the Public Health Service Act to improve maternal and infant health out- H.R. 4995 is amended by striking section 763 (42 U.S.C. comes, which may include the use of data to Be it enacted by the Senate and House of Rep- 294p) and inserting the following: provide timely feedback across hospital and resentatives of the United States of America in ‘‘SEC. 763. TRAINING FOR HEALTH CARE PRO- clinical teams to inform responses, and to Congress assembled, VIDERS. provide support and training to hospital and SECTION 1. SHORT TITLE. ‘‘(a) GRANT PROGRAM.—The Secretary shall clinical teams for quality improvement, as This Act may be cited as the ‘‘Maternal establish a program to award grants to ac- appropriate. Health Quality Improvement Act of 2020’’. credited schools of allopathic medicine, os- ‘‘(ii) To be eligible for a grant under clause SEC. 2. INNOVATION FOR MATERNAL HEALTH. teopathic medicine, and nursing, and other (i), an entity shall submit to the Secretary Part D of title III of the Public Health health professional training programs for the an application in such form and manner and Service Act (42 U.S.C. 254b et seq.) is amend- training of health care professionals to re- containing such information as the Sec- ed— duce and prevent discrimination (including retary may require.’’. (1) in the section designation of section training related to implicit and explicit bi- SEC. 6. INTEGRATED SERVICES FOR PREGNANT 330M of such Act (42 U.S.C. 254c–19) by insert- ases) in the provision of health care services AND POSTPARTUM WOMEN. (a) GRANTS.—Title III of the Public Health ing a period after ‘‘330M’’; and related to prenatal care, labor care, birthing, Service Act is amended by inserting after (2) by inserting after section 330M of such and postpartum care. section 330N of such Act, as added by section Act (42 U.S.C. 254c–19) the following: ‘‘(b) ELIGIBILITY.—To be eligible for a grant 2, the following: ‘‘SEC. 330N. INNOVATION FOR MATERNAL under subsection (a), an entity described in ‘‘SEC. 330O. INTEGRATED SERVICES FOR PREG- HEALTH. such subsection shall submit to the Sec- NANT AND POSTPARTUM WOMEN. ‘‘(a) IN GENERAL.—The Secretary, in con- retary an application at such time, in such ‘‘(a) IN GENERAL.—The Secretary may sultation with experts representing a variety manner, and containing such information as the Secretary may require. award grants to States, Indian Tribes, and of clinical specialties, State, Tribal, or local Tribal organizations for the purpose of estab- public health officials, researchers, epi- ‘‘(c) REPORTING REQUIREMENT.—Each entity awarded a grant under this section shall lishing or operating evidence-based or inno- demiologists, statisticians, and community vative, evidence-informed programs to de- organizations, shall establish or continue a periodically submit to the Secretary a report on the status of activities conducted using liver integrated health care services to preg- program to award competitive grants to eli- nant and postpartum women to optimize the the grant, including a description of the im- gible entities for the purposes of— health of women and their infants, including pact of such training on patient outcomes, as ‘‘(1) identifying, developing, or dissemi- to reduce adverse maternal health outcomes, applicable. nating best practices to improve maternal pregnancy-related deaths, and related health ‘‘(d) BEST PRACTICES.—The Secretary may health care quality and outcomes, eliminate disparities (including such disparities associ- identify and disseminate best practices for preventable maternal mortality and severe ated with racial and ethnic minority popu- maternal morbidity, and improve infant the training of health care professionals to lations), and, as appropriate, by addressing health outcomes, which may include— reduce and prevent discrimination (including issues researched under subsection (b)(2) of ‘‘(A) information on evidence-based prac- training related to implicit and explicit bi- section 317K. tices to improve the quality and safety of ases) in the provision of health care services ‘‘(b) INTEGRATED SERVICES FOR PREGNANT maternal health care in hospitals and other related to prenatal care, labor care, birthing, AND POSTPARTUM WOMEN.— health care settings of a State or health care and postpartum care. ‘‘(1) ELIGIBILITY.—To be eligible to receive system, including by addressing topics com- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— a grant under subsection (a), a State, Indian monly associated with health complications To carry out this section, there are author- Tribe, or Tribal organization shall work with or risks related to prenatal care, labor care, ized to be appropriated $5,000,000 for each of relevant stakeholders that coordinate care birthing, and postpartum care; fiscal years 2021 through 2025.’’. (including coordinating resources and refer- ‘‘(B) best practices for improving maternal SEC. 4. STUDY ON TRAINING TO REDUCE AND rals for health care and social services) to health care based on data findings and re- PREVENT DISCRIMINATION. develop and carry out the program, includ- views conducted by a State maternal mor- Not later than 2 years after date of enact- ing— tality review committee that address topics ment of this Act, the Secretary of Health ‘‘(A) State, Tribal, and local agencies re- of relevance to common complications or and Human Services shall, through a con- sponsible for Medicaid, public health, social health risks related to prenatal care, labor tract with an independent research organiza- services, mental health, and substance use care, birthing, and postpartum care; and tion, conduct a study and make rec- disorder treatment and services; ‘‘(C) information on addressing deter- ommendations for accredited schools of ‘‘(B) health care providers who serve preg- minants of health that impact maternal allopathic medicine, osteopathic medicine, nant and postpartum women; and health outcomes for women before, during, and nursing, and other health professional ‘‘(C) community-based health organiza- and after pregnancy; training programs, on best practices related tions and health workers, including pro- ‘‘(2) collaborating with State maternal to training to reduce and prevent discrimina- viders of home visiting services and individ- mortality review committees to identify tion, including training related to implicit uals representing communities with dis- issues for the development and implementa- and explicit biases, in the provision of health proportionately high rates of maternal mor- tion of evidence-based practices to improve care services related to prenatal care, labor tality and severe maternal morbidity, and maternal health outcomes and reduce pre- care, birthing, and postpartum care. including individuals representing racial and ventable maternal mortality and severe ma- SEC. 5. PERINATAL QUALITY COLLABORATIVES. ethnic minority populations. ternal morbidity; Section 317K(a)(2) of the Public Health ‘‘(2) TERMS.— ‘‘(3) providing technical assistance and Service Act (42 U.S.C. 247b–12(a)(2)) is amend- ‘‘(A) PERIOD.—A grant awarded under sub- supporting the implementation of best prac- ed by adding at the end the following: section (a) shall be made for a period of 5 tices identified pursuant to paragraph (1) to ‘‘(E)(i) The Secretary, acting through the years. Any supplemental award made to a entities providing health care services to Director of the Centers for Disease Control grantee under subsection (a) may be made pregnant and postpartum women; and and Prevention and in coordination with for a period of less than 5 years.

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‘‘(B) PREFERENCE.—In awarding grants (2) in subsection (b)(2)— ‘‘(6) assess and address disparities in infant under subsection (a), the Secretary shall— (A) in subparagraph (L), by striking ‘‘and’’ and maternal health outcomes, including ‘‘(i) give preference to States, Indian at the end; among racial and ethnic minority popu- Tribes, and Tribal organizations that have (B) by redesignating subparagraph (M) as lations and underserved populations in areas the highest rates of maternal mortality and subparagraph (N); and described in subsection (a). severe maternal morbidity relative to other (C) by inserting after subparagraph (L) the ‘‘(c) DEFINITIONS.—In this section: such States, Indian Tribes, or Tribal organi- following: ‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible zations, respectively; and ‘‘(M) an examination of the relationship entities’ means entities providing maternal ‘‘(ii) shall consider health disparities re- between maternal health and obstetric serv- health care services in rural areas, frontier lated to maternal mortality and severe ma- ices in rural areas and outcomes in delivery areas, or medically underserved areas, or to ternal morbidity, including such disparities and postpartum care; and’’. medically underserved populations or Indian associated with racial and ethnic minority (d) OFFICE OF RESEARCH ON WOMEN’S Tribes or Tribal organizations. populations. HEALTH.—Section 486 of the Public Health ‘‘(2) FRONTIER AREA.—The term ‘frontier ‘‘(C) PRIORITY.—In awarding grants under Service Act (42 U.S.C. 287d) is amended— area’ means a frontier county, as defined in subsection (a), the Secretary shall give pri- (1) in subsection (b), by amending para- section 1886(d)(3)(E)(iii)(III) of the Social Se- ority to applications from up to 15 entities graph (3) to read as follows: curity Act. described in subparagraph (B)(i). ‘‘(3) carry out paragraphs (1) and (2) with ‘‘(3) INDIAN TRIBES; TRIBAL ORGANIZATION.— ‘‘(D) EVALUATION.—The Secretary shall re- respect to— The terms ‘Indian Tribe’ and ‘Tribal organi- quire grantees to evaluate the outcomes of ‘‘(A) the aging process in women, with pri- zation’ have the meanings given the terms the programs supported under the grant. ority given to menopause; and ‘Indian tribe’ and ‘tribal organization’, re- ‘‘(c) DEFINITIONS.—In this section, the ‘‘(B) pregnancy, with priority given to spectively, in section 4 of the Indian Self-De- terms ‘Indian Tribe’ and ‘Tribal organiza- deaths related to preventable maternal mor- termination and Education Assistance Act. tion’ have the meanings given the terms ‘In- tality and severe maternal morbidity;’’; and ‘‘(4) MATERNITY CARE HEALTH PROFESSIONAL dian tribe’ and ‘tribal organization’, respec- (2) in subsection (d)(4)(A)(iv), by inserting TARGET AREA.—The term ‘maternity care tively, in section 4 of the Indian Self-Deter- ‘‘, including preventable maternal morbidity health professional target area’ has the mination and Education Assistance Act. and severe maternal morbidity’’ before the meaning described in section 332(k)(2). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— semicolon. There are authorized to be appropriated to ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— carry out this section $10,000,000 for each of SEC. 8. RURAL OBSTETRIC NETWORK GRANTS. There are authorized to be appropriated to The Public Health Service Act is amended fiscal years 2021 through 2025.’’. carry out this section $3,000,000 for each of by inserting after section 330A–1 (42 U.S.C. (b) REPORT ON GRANT OUTCOMES AND DIS- fiscal years 2021 through 2025.’’. 254c–1a) the following: SEMINATION OF BEST PRACTICES.— SEC. 9. TELEHEALTH NETWORK AND TELE- (1) REPORT.—Not later than February 1, ‘‘SEC. 330A–2. RURAL OBSTETRIC NETWORK HEALTH RESOURCE CENTERS 2026, the Secretary of Health and Human GRANTS. GRANT PROGRAMS. Services shall submit to the Committee on ‘‘(a) PROGRAM ESTABLISHED.—The Sec- Section 330I of the Public Health Service retary shall award grants or cooperative Health, Education, Labor, and Pensions of Act (42 U.S.C. 254c–14) is amended— agreements to eligible entities to establish the Senate and the Committee on Energy (1) in subsection (f)(3), by adding at the end collaborative improvement and innovation and Commerce of the House of Representa- the following: networks (referred to in this section as ‘rural tives a report that describes— ‘‘(M) Providers of maternal care, including obstetric networks’) to improve maternal (A) the outcomes of the activities sup- prenatal, labor care, birthing, and and infant health outcomes and reduce pre- ported by the grants awarded under the postpartum care services and entities oper- ventable maternal mortality and severe ma- amendment made by this section on mater- ating obstetric care units.’’; and ternal morbidity by improving maternity nal and child health; (2) in subsection (h)(1)(B), by inserting care and access to care in rural areas, fron- ‘‘labor care, birthing care, postpartum care,’’ (B) best practices and models of care used tier areas, maternity care health profes- before ‘‘or prenatal’’. by recipients of grants under such amend- sional target areas, or jurisdictions of Indian ment; and Tribes and Tribal organizations. SEC. 10. RURAL MATERNAL AND OBSTETRIC (C) obstacles identified by recipients of ‘‘(b) USE OF FUNDS.—Grants or cooperative CARE TRAINING DEMONSTRATION. grants under such amendment, and strate- agreements awarded pursuant to this section Subpart 1 of part E of title VII of the Pub- gies used by such recipients to deliver care, shall be used for the establishment or con- lic Health Service Act (42 U.S.C. 294n et seq.) improve maternal and child health, and re- tinuation of collaborative improvement and is amended by adding at the end the fol- duce health disparities. innovation networks to improve maternal lowing: (2) DISSEMINATION OF BEST PRACTICES.—Not health in rural areas by improving infant ‘‘SEC. 764. RURAL MATERNAL AND OBSTETRIC later than August 1, 2026, the Secretary of health and maternal outcomes and reducing CARE TRAINING DEMONSTRATION. Health and Human Services shall dissemi- preventable maternal mortality and severe ‘‘(a) IN GENERAL.—The Secretary shall nate information on best practices and mod- maternal morbidity. Rural obstetric net- award grants to accredited schools of els of care used by recipients of grants under works established in accordance with this allopathic medicine, osteopathic medicine, the amendment made by this section (includ- section may— and nursing, and other appropriate health ing best practices and models of care relat- ‘‘(1) develop a network to improve coordi- professional training programs, to establish ing to the reduction of health disparities, in- nation and increase access to maternal a training demonstration program to sup- cluding such disparities associated with ra- health care and assist pregnant women in port— cial and ethnic minority populations, in the areas described in subsection (a) with ac- ‘‘(1) training for physicians, medical resi- rates of maternal mortality and severe ma- cessing and utilizing maternal and obstetric dents, fellows, nurse practitioners, physician ternal morbidity) to relevant stakeholders, care, including health care services related assistants, nurses, certified nurse midwives, which may include health providers, medical to prenatal care, labor care, birthing, and relevant home visiting workforce profes- schools, nursing schools, relevant State, postpartum care to improve outcomes in sionals and paraprofessionals, or other pro- Tribal, and local agencies, and the general birth and maternal mortality and morbidity; fessionals who meet relevant State training public. ‘‘(2) identify and implement evidence-based and licensing requirements, as applicable, to SEC. 7. IMPROVING RURAL MATERNAL AND OB- and sustainable delivery models for maternal provide maternal health care services in STETRIC CARE DATA. and obstetric care (including health care rural community-based settings; and (a) MATERNAL MORTALITY AND MORBIDITY services related to prenatal care, labor care, ‘‘(2) developing recommendations for such ACTIVITIES.—Section 301(e) of the Public birthing, and postpartum care for women in training programs. Health Service Act (42 U.S.C. 241(e)) is the areas described in subsection (a), includ- ‘‘(b) APPLICATION.—To be eligible to re- amended by inserting ‘‘, preventable maternal mortality and severe maternal mor- ing home visiting programs and culturally ceive a grant under subsection (a), an entity bidity,’’ after ‘‘delivery’’. appropriate care models that reduce health shall submit to the Secretary an application (b) OFFICE OF WOMEN’S HEALTH.—Section disparities; at such time, in such manner, and con- 310A(b)(1) of the Public Health Service Act ‘‘(3) develop a model for maternal health taining such information as the Secretary (42 U.S.C. 242s(b)(1)) is amended by striking care collaboration between health care set- may require. ‘‘and sociocultural contexts,’’ and inserting tings to improve access to care in areas de- ‘‘(c) ACTIVITIES.— ‘‘sociocultural (including among American scribed in subsection (a), which may include ‘‘(1) TRAINING FOR HEALTH CARE PROFES- Indians, Native Hawaiians, and Alaska Na- the use of telehealth; SIONALS.—A recipient of a grant under sub- tives), and geographical contexts’’. ‘‘(4) provide training for professionals in section (a)— (c) SAFE MOTHERHOOD.—Section 317K of the health care settings that do not have spe- ‘‘(A) shall use the grant funds to plan, de- Public Health Service Act (42 U.S.C. 247b–12) cialty maternity care; velop, and operate a training program to pro- is amended— ‘‘(5) collaborate with academic institutions vide maternal health care in rural areas; and (1) in subsection (a)(2)(A), by inserting ‘‘, that can provide regional expertise and help ‘‘(B) may use the grant funds to provide including improving collection of data on identify barriers to providing maternal additional support for the administration of race, ethnicity, and other demographic infor- health care, including strategies for address- the program or to meet the costs of projects mation’’ before the period; and ing such barriers; and to establish, maintain, or improve faculty

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.048 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4625 development, or departments, divisions, or network grants, as well as expanding newborns. This is a critical time for other units necessary to implement such the use of telehealth. both the mother and the child. training. The legislation also promotes innova- Sadly, Indiana has an unacceptably ‘‘(2) TRAINING PROGRAM REQUIREMENTS.— tion in maternal healthcare by cre- high maternal mortality rate, ranking The recipient of a grant under subsection (a) shall ensure that training programs carried ating a new grant program to develop third in the country. We can do better. out under the grant are evidence-based and and disseminate best practices to im- We must do better in our approach address improving maternal health care in prove health quality and outcomes and across the entire Nation, especially in rural areas, and such programs may include help eliminate maternal mortality. rural America, to use best practices training on topics such as— Additionally, the Maternal Health and provide the necessary resources to ‘‘(A) maternal mental health, including Quality Improvement Act includes pro- stop preventable maternal mortality. perinatal depression and anxiety; visions to address racial disparities in The Maternal Health Quality Improve- ‘‘(B) substance use disorders; maternal health outcomes by funding ment Act is a great first step toward ‘‘(C) social determinants of health that affect individuals living in rural areas; and training programs for healthcare pro- doing just that. ‘‘(D) implicit and explicit bias. fessionals, as well as allowing HHS to H.R. 4995 includes the Excellence in ‘‘(d) EVALUATION AND REPORT.— disseminate best practices to reduce Maternal Health Act, legislation I in- ‘‘(1) EVALUATION.— and prevent discrimination. troduced along with my fellow Hoosier, ‘‘(A) IN GENERAL.—The Secretary shall Finally, the legislation authorizes Representative ANDRE´ CARSON. evaluate the outcomes of the demonstration funding for perinatal quality This bipartisan legislation will ben- program under this section. collaboratives, multi-State networks efit patients and communities that are ‘‘(B) DATA SUBMISSION.—Recipients of a to improve health outcomes for preg- currently struggling, like those in my grant under subsection (a) shall submit to the Secretary performance metrics and other nant and postpartum women and their home State of Indiana, by providing related data in order to evaluate the pro- infants, as well as creating a grant pro- them with the support and the training gram for the report described in paragraph gram to integrate services and reduce they so desperately need. (2). adverse maternal health outcomes. Madam Speaker, together, we can ‘‘(2) REPORT TO CONGRESS.—Not later than Madam Speaker, these robust provi- work to help mothers and their chil- January 1, 2025, the Secretary shall submit sions represent a strong step toward dren achieve better health outcomes. I to the Committee on Health, Education, addressing the ongoing health crisis urge my colleagues to support H.R. Labor, and Pensions of the Senate and the facing America’s pregnant and 4995. Committee on Energy and Commerce of the Mrs. DINGELL. Madam Speaker, I House of Representatives a report that in- postpartum women. cludes— Madam Speaker, I thank my col- reserve the balance of my time. ‘‘(A) an analysis of the effects of the dem- leagues, Representatives ENGEL, Mr. GIANFORTE. Madam Speaker, I onstration program under this section on the BUCSHON, TORRES SMALL, LATTA, appreciate Dr. BUCSHON’s leadership on quality, quantity, and distribution of mater- ADAMS, and STIVERS, for their tireless this bill. I am excited to see this pass nal health care services, including health work on this legislation. the House. care services related to prenatal care, labor Madam Speaker, I urge my col- Madam Speaker, I urge my col- care, birthing, and postpartum care, and the leagues to support this legislation, and leagues to support this important leg- demographics of the recipients of those serv- I reserve the balance of my time. islation, and I yield back the balance of ices; ‘‘(B) an analysis of maternal and infant Mr. GIANFORTE. Madam Speaker, I my time. health outcomes (including quality of care, yield myself such time as I may con- Mrs. DINGELL. Madam Speaker, I morbidity, and mortality) before and after sume. agree with my colleagues passionately implementation of the program in the com- Madam Speaker, I rise today in sup- in the need to take care of our mothers munities served by entities participating in port of H.R. 4995, the Maternal Health when they are pregnant, the newborns, the demonstration program; and Quality Improvement Act, which was and then their postpartum health. This ‘‘(C) recommendations on whether the introduced by Representatives ENGEL, bill is an important first step, and I demonstration program should be continued. BUCSHON, TORRES SMALL, LATTA, urge my colleagues to support this leg- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to ADAMS, and STIVERS. islation. carry out this section $5,000,000 for each of The legislation authorizes grants for Madam Speaker, I yield back the bal- fiscal years 2021 through 2025.’’. developing and sharing maternal ance of my time. The SPEAKER pro tempore. Pursu- health best practices and training Mr. CARSON of Indiana. Madam Speaker, I ant to the rule, the gentlewoman from health professionals. rise today in strong support of the Maternal Michigan (Mrs. DINGELL) and the gen- It also supports the Health Resources Health Quality Improvement Act of 2019 (H.R. tleman from Montana (Mr. GIANFORTE) and Services Administration’s estab- 4995). This important bill includes my legisla- each will control 20 minutes. lishment of rural health networks to tion, the Excellence in Maternal Health Act of The Chair recognizes the gentle- reduce maternal and child mortality 2019 (H.R. 4215), that I introduced last year woman from Michigan. rates and reduce inequities in health with my fellow Hoosier, Rep. BUCSHON. l want GENERAL LEAVE outcomes amongst different popu- to thank Rep. ENGEL for including my legisla- Mrs. DINGELL. Mr. Speaker, I ask lations. tion in this package. I urge my House col- unanimous consent that all Members It also ensures obstetric care is an el- leagues to pass H.R. 4995 without delay. may have 5 legislative days in which to igible service for telehealth grants. Maternal mortality—which occurs when a revise and extend their remarks and in- Madam Speaker, I want to thank the woman dies during pregnancy or within one clude extraneous material on H.R. 4995. American Hospital Association, the year of delivery—is a nationwide, public health The SPEAKER pro tempore. Is there March of Dimes, the American Medical emergency. The United States has the highest objection to the request of the gentle- Association, and others for their sup- maternal death rate in the developed world; 26 woman from Michigan? port of this legislation. women die for every 100,000 live birth in our There was no objection. Madam Speaker, I urge my col- country. This unacceptably high level of mater- Mrs. DINGELL. Mr. Speaker, I yield leagues to support this bipartisan leg- nal mortality robs our country of between 700 myself such time as I may consume. islation, and I reserve the balance of and 900 women from causes related to preg- Mr. Speaker, I rise today in support my time. nancy and childbirth. of H.R. 4995, the Maternal Health Qual- Mrs. DINGELL. Madam Speaker, I However, this crisis does not affect all ity Improvement Act of 2020. reserve the balance of my time. states equally. Maternal mortality is especially Every 12 hours, an American woman Mr. GIANFORTE. Madam Speaker, I devastating in states like Indiana. Our state dies of a pregnancy-related complica- yield 3 minutes to the gentleman from has the third highest maternal mortality rate in tion. This is a public health crisis, and Indiana (Mr. BUCSHON). the country where, often due to preventable the Maternal Health Quality Improve- Mr. BUCSHON. Madam Speaker, as a complications, a staggering 43 out of 100,000 ment Act creates robust new programs physician and a father of four, I under- women die during or shortly after giving birth. to meet this need. This includes im- stand the importance of ensuring the The maternal mortality crisis also does not proving rural maternal healthcare health of mothers during pregnancy affect all mothers equally; in fact, the racial through the creation of rural obstetric and after the delivery of their and ethnic disparities in maternal mortality are

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 9920 E:\CR\FM\A21SE7.048 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4626 CONGRESSIONAL RECORD — HOUSE September 21, 2020 extremely stark. Nationwide, Black women are H.R. 3935 emergency transportation to medically necessary three to four times more likely to die from ma- Be it enacted by the Senate and House of Rep- services. ternal health complications than white women. resentatives of the United States of America in (B) An examination of transportation brokers In Indiana, Black women are 29 percent more Congress assembled, to identify the range of safeguards against such SECTION 1. SHORT TITLE. fraud and abuse to prevent improper payments likely to die during childbirth than white for such transportation. women, as 53 black women die per 100,000 This Act may be cited as the ‘‘Protecting Pa- tients Transportation to Care Act’’. (C) Identification of the numbers, types, and live births versus 41 deaths among white outcomes of instances of fraud and abuse, with SEC. 2. MEDICAID COVERAGE OF CERTAIN MED- women. Research consistently shows that dis- ICAL TRANSPORTATION. respect to coverage under the Medicaid program of such transportation, that State Medicaid parities in access to quality health care, inad- (a) CONTINUING REQUIREMENT OF MEDICAID Fraud Control Units have investigated in recent equate health care training, discrimination and COVERAGE OF NECESSARY TRANSPORTATION.— years. bias, and the lack of high-quality integrated (1) REQUIREMENT.—Section 1902(a)(4) of the maternal health care continue to compound Social Security Act (42 U.S.C. 1396a(a)(4)) is (D) Identification of commonalities or trends in program integrity, with respect to such cov- existing health care disparities that produce amended— (A) by striking ‘‘and including provision for erage, to inform risk management strategies of the disproportionate levels of maternal mor- States and the Centers for Medicare & Medicaid tality among Black mothers. utilization’’ and inserting ‘‘including provision for utilization’’; and Services. That’s why in August 2019, I introduced the (B) by inserting after ‘‘supervision of adminis- (2) STAKEHOLDER WORKING GROUP.— Excellence in Maternal Health Act of 2019 with tration of the plan’’ the following: ‘‘, and, sub- (A) IN GENERAL.—Not later than one year my fellow Hoosier, Rep. BUCSHON. Our bipar- ject to section 1903(i), including a specification after the date of the enactment of this Act, the tisan legislation works to improve maternal that the single State agency described in para- Secretary of Health and Human Services, health access and quality, reduce racial and graph (5) will ensure necessary transportation through the Centers for Medicare & Medicaid Services, shall convene a series of meetings to ethnic disparities and discrimination in health for beneficiaries under the State plan to and from providers and a description of the methods obtain input from appropriate stakeholders to care delivery, and create grant programs to facilitate discussion and shared learning about implement best practices and strengthen train- that such agency will use to ensure such transportation’’. the leading practices for improving Medicaid ing for health care providers. (2) APPLICATION WITH RESPECT TO BENCHMARK program integrity, with respect to coverage of Specifically, our legislation provides $10 mil- BENEFIT PACKAGES AND BENCHMARK EQUIVALENT nonemergency transportation to medically nec- lion to help develop and enact best practices COVERAGE.—Section 1937(a)(1) of the Social Se- essary services. to eliminate maternal morality through im- curity Act (42 U.S.C. 1396u–7(a)(1)) is amend- (B) TOPICS.—The meetings convened under proved maternal health access and quality. ed— subparagraph (A) shall— Additionally, our legislation provides $25 mil- (A) in subparagraph (A), by striking ‘‘sub- (i) focus on ongoing challenges to Medicaid program integrity as well as leading practices to lion over five years to establish a grant pro- section (E)’’ and inserting ‘‘subparagraphs (E) and (F)’’; and address such challenges; and gram to train health care professionals on (B) by adding at the end the following new (ii) address specific challenges raised by stake- ways to reduce and prevent racial discrimina- subparagraph: holders involved in coverage under the Medicaid tion in providing prenatal care, labor care, ‘‘(F) NECESSARY TRANSPORTATION.—Notwith- program of nonemergency transportation to birthing, and postpartum care. Finally, our leg- standing the preceding provisions of this para- medically necessary services, including unique islation provides $15 million in grants to help graph, a State may not provide medical assist- considerations for specific groups of Medicaid states deliver integrated health care services ance through the enrollment of an individual beneficiaries meriting particular attention, such that reduce maternal mortality and related with benchmark coverage or benchmark equiva- as American Indians and tribal land issues or accommodations for individuals with disabil- health disparities. lent coverage described in subparagraph (A)(i) unless, subject to section 1903(i)(9) and in ac- ities. I was pleased that in November 2019, the cordance with section 1902(a)(4), the benchmark (C) STAKEHOLDERS.—Stakeholders described House Energy and Commerce Committee in- benefit package or benchmark equivalent cov- in subparagraph (A) shall include individuals cluded our Carson/Bucshon legislation into erage (or the State)— from State Medicaid programs, brokers for non- Rep. ENGEL’s larger legislative package, the ‘‘(i) ensures necessary transportation for indi- emergency transportation to medically necessary Maternal Health Quality Improvement Act of viduals enrolled under such package or coverage services that meet the criteria described in sec- 2019 and was unanimously approved by the to and from providers; and tion 1902(a)(70)(B) of the Social Security Act (42 Committee. I urge all of my House colleagues ‘‘(ii) provides a description of the methods U.S.C. 1396a(a)(70)(B)), providers (including transportation network companies), Medicaid to now pass H.R. 4995 to implement the pro- that will be used to ensure such transportation.’’. patient advocates, and such other individuals grams and reforms in my legislation that will (3) LIMITATION ON FEDERAL FINANCIAL PAR- specified by the Secretary. help end the scourge of preventable maternal TICIPATION.—Section 1903(i) of the Social Secu- (3) GUIDANCE REVIEW.—Not later than 18 mortality in our country and ensure the birth of rity Act (42 U.S.C. 1396b(i)) is amended by in- months after the date of the enactment of this a child is a joyous and safe occasion for fami- serting after paragraph (8) the following new Act, the Secretary of Health and Human Serv- lies across America. paragraph: ices, through the Centers for Medicare & Med- The SPEAKER pro tempore (Ms. STE- ‘‘(9) with respect to any amount expended for icaid Services, shall assess guidance issued to States by the Centers for Medicare & Medicaid VENS). The question is on the motion non-emergency transportation authorized under Services relating to Federal requirements for offered by the gentlewoman from section 1902(a)(4), unless the State plan provides for the methods and procedures required under nonemergency transportation to medically nec- Michigan (Mrs. DINGELL) that the section 1902(a)(30)(A); or’’. essary services under the Medicaid program House suspend the rules and pass the (4) EFFECTIVE DATE.—The amendments made under title XIX of the Social Security Act and bill, H.R. 4995, as amended. by this subsection shall take effect on the date update such guidance as necessary to ensure The question was taken; and (two- of the enactment of this Act and shall apply to States have appropriate and current guidance thirds being in the affirmative) the transportation furnished on or after such date. in designing and administering coverage under rules were suspended and the bill, as (b) MEDICAID PROGRAM INTEGRITY MEASURES the Medicaid program of nonemergency trans- amended, was passed. RELATED TO COVERAGE OF NONEMERGENCY MED- portation to medically necessary services. (4) NEMT TRANSPORTATION PROVIDER AND A motion to reconsider was laid on ICAL TRANSPORTATION.— (1) GAO STUDY.—Not later than two years DRIVER REQUIREMENTS.— the table. after the date of the enactment of this Act, the (A) STATE PLAN REQUIREMENT.—Section f Comptroller General of the United States shall 1902(a) of the Social Security Act (42 U.S.C. conduct a study, and submit to Congress, a re- 1396a(a)) is amended— PROTECTING PATIENTS port on coverage under the Medicaid program (i) by striking ‘‘and’’ at the end of paragraph TRANSPORTATION TO CARE ACT under title XIX of the Social Security Act of (85); nonemergency transportation to medically nec- (ii) by striking the period at the end of para- Mrs. DINGELL. Madam Speaker, I essary services. Such study shall take into ac- graph (86) and inserting ‘‘; and’’; and move to suspend the rules and pass the count the 2009 report of the Office of the Inspec- (iii) by inserting after paragraph (86) the fol- bill (H.R. 3935) to amend title XIX of tor General of the Department of Health and lowing new paragraph: the Social Security Act to provide for Human Services, titled ‘‘Fraud and Abuse Safe- ‘‘(87) provide for a mechanism, which may in- the continuing requirement of Med- guards for Medicaid Nonemergency Medical clude attestation, that ensures that, with re- icaid coverage of nonemergency trans- Transportation’’ (OEI–06–07–003200). Such respect to any provider (including a transpor- port shall include the following: tation network company) or individual driver of portation to medically necessary serv- (A) An examination of the 50 States and the nonemergency transportation to medically nec- ices, as amended. District of Columbia to identify safeguards to essary services receiving payments under such The Clerk read the title of the bill. prevent and detect fraud and abuse with respect plan (but excluding any public transit author- The text of the bill is as follows: to coverage under the Medicaid program of non- ity), at a minimum—

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 6333 E:\CR\FM\A21SE7.049 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4627 ‘‘(A) each such provider and individual driver NEMT, N-E-M-T, benefits have been a and report to Congress on his or her is not excluded from participation in any Fed- mandatory Medicaid benefit by regula- findings within one year of the date of eral health care program (as defined in section tion since the program’s beginning in enactment. 1128B(f)) and is not listed on the exclusion list 1966, and the benefits are clear. Trans- The legislation also requires State of the Inspector General of the Department of Health and Human Services; portation is one of the most common Medicaid programs to develop a utiliza- ‘‘(B) each such individual driver has a valid barriers to care for low-income pation management process for the ben- driver’s license; tients, and reliable transportation to efit. ‘‘(C) each such provider has in place a process and from medical appointments is a Madam Speaker, I urge adoption of to address any violation of a State drug law; cornerstone of healthcare access. this important legislation, and I yield and NEMT provides over 100 million rides back the balance of my time. ‘‘(D) each such provider has in place a process Mrs. DINGELL. Madam Speaker, I, to disclose to the State Medicaid program the to Medicaid beneficiaries each year, driving history, including any traffic violations, and this lifeline is critical to patients too, urge adoption of this important of each such individual driver employed by such with chronic conditions like kidney piece of legislation to remove barriers provider, including any traffic violations.’’. disease or diabetes. so people are able to go to the doctor, (B) EFFECTIVE DATE.— Additionally, it allows seniors and and I urge my colleagues to support (i) IN GENERAL.—Except as provided in clause Americans to remain in their homes this bill. (ii), the amendments made by subparagraph (A) and continue to live independently. I yield back the balance of my time. shall take effect on the date of the enactment of The NEMT benefit is especially crit- The SPEAKER pro tempore. The this Act and shall apply to services furnished on question is on the motion offered by or after the date that is one year after the date ical to beneficiaries seeking care dur- of the enactment of this Act. ing this current public health crisis, the gentlewoman from Michigan (Mrs. (ii) EXCEPTION IF STATE LEGISLATION RE- which has placed additional burdens DINGELL) that the House suspend the QUIRED.—In the case of a State plan for medical and barriers to care. rules and pass the bill, H.R. 3935, as assistance under title XIX of the Social Security The Protecting Patients Transpor- amended. Act which the Secretary of Health and Human tation to Care Act will codify this ben- The question was taken; and (two- Services determines requires State legislation efit and maintain robust program in- thirds being in the affirmative) the (other than legislation appropriating funds) in tegrity protections. rules were suspended and the bill, as order for the plan to meet the additional re- amended, was passed. quirement imposed by the amendments made by In addition to safeguarding the life- subparagraph (A), the State plan shall not be saving NEMT benefit, the legislation is A motion to reconsider was laid on regarded as failing to comply with the require- scored as having no cost by the Con- the table. ments of such title solely on the basis of its fail- gressional Budget Office. f ure to meet this additional requirement before I would like to thank Representa- HELPING EMERGENCY the first day of the first calendar quarter begin- tives CARTER, CA´ RDENAS, GRAVES and ning after the close of the first regular session of RESPONDERS OVERCOME ACT BISHOP of Georgia for leading this bi- the State legislature that begins after the date of partisan effort and urge my colleagues Mrs. DINGELL. Madam Speaker, I the enactment of this Act. For purposes of the move to suspend the rules and pass the previous sentence, in the case of a State that to support its passage. I reserve the balance of my time. bill (H.R. 1646) to require the Secretary has a 2-year legislative session, each year of of Health and Human Services to im- such session shall be deemed to be a separate b 1815 regular session of the State legislature. prove the detection, prevention, and (5) ANALYSIS OF T–MSIS DATA.—Not later than Mr. GIANFORTE. Madam Speaker, I treatment of mental health issues one year after the date of the enactment of this yield myself such time as I may con- among public safety officers, and for Act, the Secretary of Health and Human Serv- sume. other purposes, as amended. ices, through the Centers for Medicare & Med- Madam Speaker, I rise today in sup- The Clerk read the title of the bill. icaid Services, shall analyze, and submit to Con- port of H.R. 3935, the Protecting Pa- The text of the bill is as follows: gress a report on, the nation-wide data set tients Transportation to Care Act, in- H.R. 1646 under the Transformed Medicaid Statistical In- formation System to identify recommendations troduced by Representatives CARTER Be it enacted by the Senate and House of Rep- relating to coverage under the Medicaid pro- and CA´ RDENAS, and Representatives resentatives of the United States of America in gram under title XIX of the Social Security Act GRAVES and BISHOP of Georgia. Congress assembled, of nonemergency transportation to medically This legislation would require Med- SECTION 1. SHORT TITLE. necessary services. icaid to cover nonemergency medical This Act may be cited as the ‘‘Helping The SPEAKER pro tempore. Pursu- transportation, or NEMT. This can Emergency Responders Overcome Act’’ or the ‘‘HERO Act’’. ant to the rule, the gentlewoman from help rural Medicaid patients get to di- SEC. 2. DATA SYSTEM TO CAPTURE NATIONAL Michigan (Mrs. DINGELL) and the gen- alysis, preventive care, and substance PUBLIC SAFETY OFFICER SUICIDE tleman from Montana (Mr. GIANFORTE) abuse treatment. INCIDENCE. each will control 20 minutes. Covering this transport can ensure The Public Health Service Act is amended The Chair recognizes the gentle- these patients get the care they need, by inserting before section 318 of such Act (42 woman from Michigan. improving outcomes and reducing the U.S.C. 247c) the following: GENERAL LEAVE need for expensive emergency room ‘‘SEC. 317W. DATA SYSTEM TO CAPTURE NA- visits and hospitalizations. TIONAL PUBLIC SAFETY OFFICER Mrs. DINGELL. Madam Speaker, I SUICIDE INCIDENCE. ask unanimous consent that all Mem- In my home State of Montana, it can ‘‘(a) IN GENERAL.—The Secretary, in co- bers may have 5 legislative days in take 2 hours or more to get to a spe- ordination with the Director of the Centers which to revise and extend their re- cialist. This important legislation will for Disease Control and Prevention and other marks and include extraneous material help ensure rural patients have the agencies as the Secretary determines appro- on H.R. 3935. ability to get to their providers. priate, shall— The SPEAKER pro tempore. Is there H.R. 3935 would also require States to ‘‘(1) develop and maintain a data system, objection to the request of the gentle- ensure that NEMT providers are not on to be known as the Public Safety Officer Sui- the excluded providers list; that each cide Reporting System, for the purposes of— woman from Michigan? ‘‘(A) collecting data on the suicide inci- There was no objection. individual driver has a valid driver’s li- dence among public safety officers; and Mrs. DINGELL. Madam Speaker, I cense; and that providers report and ‘‘(B) facilitating the study of successful yield myself such time as I may con- address violations of State law, includ- interventions to reduce suicide among public sume. ing traffic violations. safety officers; and Madam Speaker, I rise in support of It would require the Comptroller ‘‘(2) integrate such system into the Na- H.R. 3935, Protecting Patients Trans- General to conduct a study on cov- tional Violent Death Reporting System, so portation to Care Act. This legislation erages of NEMT by State Medicaid pro- long as the Secretary determines such inte- will add nonemergency medical trans- grams, including the policies and pro- gration to be consistent with the purposes described in paragraph (1). portation services for individuals with- gram integrity measures in place to ‘‘(b) DATA COLLECTION.—In collecting data out other means of transportation to prevent waste, fraud, and abuse. for the Public Safety Officer Suicide Report- the list of benefits required by law Finally, the bill would require the ing System, the Secretary shall, at a min- under Medicaid. Secretary to analyze any NEMT data imum, collect the following information:

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.051 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4628 CONGRESSIONAL RECORD — HOUSE September 21, 2020 ‘‘(1) The total number of suicides in the full report publicly available on the website ed by section 3, is further amended by adding United States among all public safety offi- of the Centers for Disease Control and Pre- at the end the following: cers in a given calendar year. vention. ‘‘SEC. 320C. HEALTH CARE PROVIDER BEHAV- ‘‘(2) Suicide rates for public safety officers ‘‘(f) DEFINITION.—In this section, the term IORAL HEALTH AND WELLNESS PRO- in a given calendar year, disaggregated by— ‘public safety officer’ means— GRAMS. ‘‘(A) age and gender of the public safety of- ‘‘(1) a public safety officer as defined in ‘‘(a) IN GENERAL.—The Secretary shall ficer; section 1204 of the Omnibus Crime Control award grants to eligible entities for the pur- ‘‘(B) State; and Safe Streets Act of 1968; or pose of establishing or enhancing behavioral ‘‘(C) occupation; including both the indi- ‘‘(2) a public safety telecommunicator as health and wellness programs for health care vidual’s role in their public safety agency described in detailed occupation 43–5031 in providers. and their primary occupation in the case of the Standard Occupational Classification ‘‘(b) PROGRAM DESCRIPTION.—A behavioral volunteer public safety officers; Manual of the Office of Management and health and wellness program funded under ‘‘(D) where available, the status of the pub- Budget (2018). this section shall— lic safety officer as volunteer, paid-on-call, ‘‘(g) PROHIBITED USE OF INFORMATION.— ‘‘(1) provide confidential support services or career; and Notwithstanding any other provision of law, for health care providers to help handle ‘‘(E) status of the public safety officer as if an individual is identified as deceased stressful or traumatic patient-related active or retired. based on information contained in the Public events, including counseling services and ‘‘(c) CONSULTATION DURING DEVELOPMENT.— Safety Officer Suicide Reporting System, wellness seminars; In developing the Public Safety Officer Sui- such information may not be used to deny or ‘‘(2) provide training to health care pro- cide Reporting System, the Secretary shall rescind life insurance payments or other ben- viders to serve as peer counselors to other consult with non-Federal experts to deter- efits to a survivor of the deceased indi- health care providers; mine the best means to collect data regard- vidual.’’. ‘‘(3) purchase materials to be used exclu- ing suicide incidence in a safe, sensitive, SEC. 3. PEER-SUPPORT BEHAVIORAL HEALTH sively to provide such training; and anonymous, and effective manner. Such non- AND WELLNESS PROGRAMS WITHIN ‘‘(4) disseminate such information and ma- Federal experts shall include, as appropriate, FIRE DEPARTMENTS AND EMER- terials as are necessary to conduct such the following: GENCY MEDICAL SERVICE AGEN- training and provide such peer counseling. ‘‘(1) Public health experts with experience CIES. ‘‘(c) DEFINITIONS.—In this section, the term in developing and maintaining suicide reg- (a) IN GENERAL.—Part B of title III of the ‘eligible entity’ means a hospital, including istries. Public Health Service Act (42 U.S.C. 243 et a critical access hospital (as defined in sec- ‘‘(2) Organizations that track suicide seq.) is amended by adding at the end the fol- tion 1861(mm)(1) of the Social Security Act) among public safety officers. lowing: or a disproportionate share hospital (as de- ‘‘(3) Mental health experts with experience ‘‘SEC. 320B. PEER-SUPPORT BEHAVIORAL fined under section 1923(a)(1)(A) of such Act), in studying suicide and other profession-re- HEALTH AND WELLNESS PROGRAMS a Federally-qualified health center (as de- lated traumatic stress. WITHIN FIRE DEPARTMENTS AND fined in section 1905(1)(2)(B) of such Act), or ‘‘(4) Clinicians with experience in diag- EMERGENCY MEDICAL SERVICE any other health care facility.’’. AGENCIES. nosing and treating mental health issues. SEC. 5. DEVELOPMENT OF RESOURCES FOR EDU- ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(5) Active and retired volunteer, paid-on- CATING MENTAL HEALTH PROFES- call, and career public safety officers. award grants to eligible entities for the pur- SIONALS ABOUT TREATING FIRE ‘‘(6) Relevant national police, and fire and pose of establishing or enhancing peer-sup- FIGHTERS AND EMERGENCY MED- emergency medical services, organizations. port behavioral health and wellness pro- ICAL SERVICES PERSONNEL. ‘‘(d) DATA PRIVACY AND SECURITY.—In de- grams within fire departments and emer- (a) IN GENERAL.—The Administrator of the veloping and maintaining the Public Safety gency medical services agencies. United States Fire Administration, in con- Officer Suicide Reporting System, the Sec- ‘‘(b) PROGRAM DESCRIPTION.—A peer-sup- sultation with the Secretary of Health and retary shall ensure that all applicable Fed- port behavioral health and wellness program Human Services, shall develop and make eral privacy and security protections are fol- funded under this section shall— publicly available resources that may be lowed to ensure that— ‘‘(1) use career and volunteer members of used by the Federal Government and other ‘‘(1) the confidentiality and anonymity of fire departments or emergency medical serv- entities to educate mental health profes- suicide victims and their families are pro- ices agencies to serve as peer counselors; sionals about— tected, including so as to ensure that data ‘‘(2) provide training to members of career, (1) the culture of Federal, State, Tribal, cannot be used to deny benefits; and volunteer, and combination fire departments and local career, volunteer, and combination ‘‘(2) data is sufficiently secure to prevent or emergency medical service agencies to fire departments and emergency medical unauthorized access. serve as such peer counselors; services agencies; ‘‘(e) REPORTING.— ‘‘(3) purchase materials to be used exclu- (2) the different stressors experienced by ‘‘(1) ANNUAL REPORT.—Not later than 2 sively to provide such training; and firefighters and emergency medical services years after the date of enactment of the ‘‘(4) disseminate such information and ma- personnel, supervisory firefighters and emer- Helping Emergency Responders Overcome terials as are necessary to conduct the pro- gency medical services personnel, and chief Act, and biannually thereafter, the Sec- gram. officers of fire departments and emergency retary shall submit a report to the Congress ‘‘(c) DEFINITION.—In this section: medical services agencies; on the suicide incidence among public safety ‘‘(1) The term ‘eligible entity’ means a (3) challenges encountered by retired fire- officers. Each such report shall— nonprofit organization with expertise and ex- fighters and emergency medical services per- ‘‘(A) include the number and rate of such perience with respect to the health and life sonnel; and suicide incidence, disaggregated by age, gen- safety of members of fire and emergency (4) evidence-based therapies for mental der, and State of employment; medical services agencies. health issues common to firefighters and ‘‘(B) identify characteristics and contrib- ‘‘(2) The term ‘member’— emergency medical services personnel within uting circumstances for suicide among pub- ‘‘(A) with respect to an emergency medical such departments and agencies. lic safety officers; services agency, means an employee, regard- (b) CONSULTATION.—In developing resources ‘‘(C) disaggregate rates of suicide by— less of rank or whether the employee re- under subsection (a), the Administrator of ‘‘(i) occupation; ceives compensation (as defined in section the United States Fire Administration and ‘‘(ii) status as volunteer, paid-on-call, or 1204(7) of the Omnibus Crime Control and the Secretary of Health and Human Services career; and Safe Streets Act of 1968); and shall consult with national fire and emer- ‘‘(iii) status as active or retired; ‘‘(B) with respect to a fire department, gency medical services organizations. ‘‘(D) include recommendations for further means any employee, regardless of rank or (c) DEFINITIONS.—In this section: study regarding the suicide incidence among whether the employee receives compensa- (1) The term ‘‘firefighter’’ means any em- public safety officers; tion, of a Federal, State, Tribal, or local fire ployee, regardless of rank or whether the ‘‘(E) specify in detail, if found, any obsta- department who is responsible for responding employee receives compensation, of a Fed- cles in collecting suicide rates for volunteers to calls for emergency service.’’. eral, State, Tribal, or local fire department and include recommended improvements to (b) TECHNICAL CORRECTION.—Effective as if who is responsible for responding to calls for overcome such obstacles; included in the enactment of the Children’s emergency service. ‘‘(F) identify options for interventions to Health Act of 2000 (Public Law 106–310), the (2) The term ‘‘emergency medical services reduce suicide among public safety officers; amendment instruction in section 1603 of personnel’’ means any employee, regardless and such Act is amended by striking ‘‘Part B of of rank or whether the employee receives ‘‘(G) describe procedures to ensure the con- the Public Health Service Act’’ and inserting compensation, as defined in section 1204(7) of fidentiality and anonymity of suicide vic- ‘‘Part B of title III of the Public Health the Omnibus Crime Control and Safe Streets tims and their families, as described in sub- Service Act’’. Act of 1968 (34 U.S.C. 10284(7)). section (d)(1). SEC. 4. HEALTH CARE PROVIDER BEHAVIORAL (3) The term ‘‘chief officer’’ means any in- ‘‘(2) PUBLIC AVAILABILITY.—Upon the sub- HEALTH AND WELLNESS PROGRAMS. dividual who is responsible for the overall mission of each report to the Congress under Part B of title III of the Public Health operation of a fire department or an emer- paragraph (1), the Secretary shall make the Service Act (42 U.S.C. 243 et seq.), as amend- gency medical services agency, irrespective

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.050 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4629 of whether such individual also serves as a We have seen the extraordinary ac- HOUSE OF REPRESENTATIVES, firefighter or emergency medical services tions of America’s first responders in COMMITTEE ON ENERGY AND COMMERCE, personnel. recent months in helping to keep our Washington, DC, September 15, 2020. SEC. 6. BEST PRACTICES AND OTHER RE- Nation safe. From the courage and the Hon. EDDIE BERNICE JOHNSON, SOURCES FOR ADDRESSING Chairwoman, Committee on Science, Space, and POSTTRAUMATIC STRESS DISORDER bravery of firefighters in Western Technology, IN PUBLIC SAFETY OFFICERS. States as they confront an unprece- Washington, DC. (a) DEVELOPMENT; UPDATES.—The Sec- dented fire season, to public safety and DEAR CHAIRWOMAN JOHNSON: Thank you for retary of Health and Human Services shall— paramedics responding to hurricanes consulting with the Committee on Energy (1) develop and assemble evidence-based on the Gulf Coast, to the frontline and Commerce and agreeing to discharge best practices and other resources to iden- health workers fighting COVID–19, we H.R. 1646, the Helping Emergency Respond- tify, prevent, and treat posttraumatic stress all owe them a tremendous debt of ers Overcome Act of 2019, from further con- disorder and co-occurring disorders in public sideration, so that the bill may proceed expe- safety officers; and gratitude. ditiously to the House floor. (2) reassess and update, as the Secretary This includes supporting the mental I agree that your forgoing further action determines necessary, such best practices health needs of these individuals. Expo- on this measure does not in any way dimin- and resources, including based upon the op- sure to stressful, life-threatening situa- ish or alter the jurisdiction of your com- tions for interventions to reduce suicide tions, and traumatic events can impact mittee or prejudice its jurisdictional prerog- among public safety officers identified in the one’s mental health. atives on this measure or similar legislation annual reports required by section Unfortunately, we see this impact in the future. I would support your effort to 317W(e)(1)(F) of the Public Health Service every day with first responders facing seek appointment of an appropriate number of conferees from your committee to any Act, as added by section 2 of this Act. higher rates of suicide and other men- (b) CONSULTATION.—In developing, assem- House-Senate conference on this legislation. bling, and updating the best practices and re- tal health issues. However, we still I will ensure our letters on H.R. 1646 are sources under subsection (a), the Secretary lack data on the full scope of the prob- entered into the Congressional Record dur- of Health and Human Services shall consult lem, as well as treatment strategies to ing floor consideration of the bill. I appre- with, at a minimum, the following: address the unique stresses that our ciate your cooperation regarding this legis- (1) Public health experts. Nation’s first responders face. lation and look forward to continuing to (2) Mental health experts with experience The HERO Act would create a Na- work together as this measure moves in studying suicide and other profession-re- tional Public Safety Officer Suicide through the legislative process. Sincerely, lated traumatic stress. Reporting System to help us better un- (3) Clinicians with experience in diag- FRANK PALLONE, JR., nosing and treating mental health issues. derstand the prevalence of these trage- Chairman. (4) Relevant national police, fire, and dies within the public safety officer Mr. GIANFORTE. Madam Speaker, I emergency medical services organizations. community regardless of their em- yield myself such time as I may con- (c) AVAILABILITY.—The Secretary of Health ployer. sume. and Human Services shall make the best It would also establish a grant pro- Madam Speaker, I rise today in sup- practices and resources under subsection (a) gram for peer support, behavioral port of H.R. 1646, the Helping Emer- available to Federal, State, and local fire, health, and wellness programs within law enforcement, and emergency medical gency Responders Overcome, or HERO fire departments and EMS agencies. Act, which was introduced by Rep- services agencies. The legislation also will develop and (d) FEDERAL TRAINING AND DEVELOPMENT resentative BERA. PROGRAMS.—The Secretary of Health and disseminate resources to educate This legislation would create a data- Human Services shall work with Federal de- health professionals about the unique base at the Centers for Disease Control partments and agencies, including the mental health challenges facing our and Prevention to capture public safe- United States Fire Administration, to incor- Nation’s first responders and evidence- ty officer suicide incidents and study porate education and training on the best based therapies to address these issues. successful interventions. practices and resources under subsection (a) I would like to thank AMI BERA for It would also authorize a grant pro- into Federal training and development pro- his leadership and thoughtful advocacy gram for peer support and wellness programs for public safety officers. on the HERO Act and urge my col- (e) DEFINITION.—In this section, the term grams within fire and emergency med- ‘‘public safety officer’’ means— leagues to support its passage. ical service agencies, as well as for (1) a public safety officer as defined in sec- I reserve the balance of my time. frontline healthcare workers. It also tion 1204 of the Omnibus Crime Control and HOUSE OF REPRESENTATIVES, COM- directs the Secretary of Health and MITTEE ON SCIENCE, SPACE, AND Safe Streets Act of 1968 (34 U.S.C. 10284); or Human Services to develop best prac- (2) a public safety telecommunicator as de- TECHNOLOGY, Washington, DC, September 15, 2020. tices and share resources for addressing scribed in detailed occupation 43–5031 in the post-traumatic stress in public safety Standard Occupational Classification Man- Hon. FRANK PALLONE, JR., ual of the Office of Management and Budget Chairman, Committee on Energy and Commerce, officers. (2018). Washington, DC. This legislation is incredibly timely. DEAR CHAIRMAN PALLONE: I am writing you Emergency workers and doctors and The SPEAKER pro tempore. Pursu- concerning H.R. 1646, the ‘‘Helping Emer- nurses are under incredible strain, and ant to the rule, the gentlewoman from gency Responders Overcome Act of 2019,’’ many are unable to be with their fami- Michigan (Mrs. DINGELL) and the gen- which was referred to the Committee on En- lies due to their efforts to prevent the tleman from Montana (Mr. GIANFORTE) ergy and Commerce and then to the Com- mittee on Science, Space, and Technology spread. each will control 20 minutes. Losing those who keep us safe will The Chair recognizes the gentle- (‘‘Science Committee’’) on March 8, 2019. As a result of our consultation, I agree to only make the crisis worse. My home woman from Michigan. work cooperatively on H.R. 1646 and in order State of Montana, unfortunately, has GENERAL LEAVE to expedite consideration of the bill the one of the highest suicide rates in the Mrs. DINGELL. Madam Speaker, I Science Committee will waive formal consid- country. ask unanimous consent that all Mem- eration of this legislation. However, this is I do want to recognize all those who bers have 5 legislative days in which to not a waiver of any future jurisdictional supported the Yellowstone Valley Out revise and extend their remarks and in- claims by the Science Committee over the subject matter contained in H.R. 1646 or of the Darkness suicide awareness clude extraneous material on H.R. 1646. similar legislation. I also request that you event over this past weekend in Bil- The SPEAKER pro tempore. Is there support my request to name members of the lings, Montana. I appreciate you mak- objection to the request of the gentle- Science Committee to any conference coming sure others realize they are not woman from Michigan? mittee to consider this legislation. alone. There was no objection. Additionally, thank you for your assur- We must ensure that all these heroes Mrs. DINGELL. Madam Speaker, I ances to include a copy of our exchange of across America on the front lines of yield myself such time as I may con- letters on this matter in the committee re- healthcare and law enforcement and sume. port for H.R. 1646 and in the Congressional Record during floor consideration thereof. public safety have the support they Madam Speaker, I rise in support of Sincerely, need to continue working to keep us H.R. 1646, the Helping Emergency Re- EDDIE BERNICE JOHNSON, safe. sponders Overcome, or HERO Act of Chairwoman, Committee on Science, Madam Speaker, this is an impor- 2019. Space, and Technology. tantly critical piece of legislation. I

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.050 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4630 CONGRESSIONAL RECORD — HOUSE September 21, 2020 urge adoption, and I yield back the bal- ‘‘(D) Guidelines to ensure that resources (5) any other information the Secretary de- ance of my time. are available and distributed to individuals termines appropriate. Mrs. DINGELL. Madam Speaker, using the hotline who are not personally in SEC. 4. HHS STUDY AND REPORT. once more we thank our Nation’s first a time of crisis but know of someone who is. Not later than 24 months after the Sec- ‘‘(E) Guidelines to carry out periodic test- retary of Health and Human Services begins responders for all they are doing for us, ing of the hotline, including at crisis centers implementation of the plan required by sec- and I urge my colleagues to support and backup centers, during each fiscal year tion 520E–3(c) of the Public Health Service them by supporting this legislation. to identify and correct any problems in a Act, as added by section 2(a)(2) of this Act, I yield back the balance of my time. timely manner. the Secretary shall— The SPEAKER pro tempore. The ‘‘(F) Guidelines to operate in consultation (1) complete a study on— question is on the motion offered by with the State department of health, local (A) the implementation of such plan, in- the gentlewoman from Michigan (Mrs. governments, Indian tribes, and tribal orga- cluding the progress towards meeting the ob- nizations. DINGELL) that the House suspend the jectives identified pursuant to paragraph ‘‘(3) INITIAL PLAN; UPDATES.—The Secretary rules and pass the bill, H.R. 1646, as (2)(A)(i) of such section 520E–3(c) by the shall— timeframes identified pursuant to paragraph amended. ‘‘(A) not later than 6 months after the date (2)(A)(ii) of such section 520E–3(c); and The question was taken; and (two- of enactment of the Suicide Prevention Life- (B) in consultation with the Director of the thirds being in the affirmative) the line Improvement Act of 2020, complete de- Centers for Disease Control and Prevention, rules were suspended and the bill, as velopment of the initial version of the plan options to expand data gathering from calls amended, was passed. required by paragraph (1), begin implementa- to the Suicide Prevention Lifeline in order A motion to reconsider was laid on tion of such plan, and make such plan pub- to better track aspects of usage such as re- the table. licly available; and peat calls, consistent with applicable Fed- ‘‘(B) periodically thereafter, update such eral and State privacy laws; and f plan and make the updated plan publicly (2) submit a report to the Congress on the SUICIDE PREVENTION LIFELINE available.’’. results of such study, including rec- (b) TRANSMISSION OF DATA TO CDC.—Sec- IMPROVEMENT ACT OF 2020 ommendations on whether additional legislation 520E–3 of the Public Health Service Act tion or appropriations are needed. Mrs. DINGELL. Madam Speaker, I (42 U.S.C. 290bb–36c) is amended by inserting after subsection (c) of such section, as added SEC. 5. GAO STUDY AND REPORT. move to suspend the rules and pass the (a) IN GENERAL.—Not later than 24 months by subsection (a) of this section, the fol- bill (H.R. 4564) to amend the Public after the Secretary of Health and Human lowing: Health Service Act to ensure the provi- ‘‘(d) TRANSMISSION OF DATA TO CDC.—The Services begins implementation of the plan sion of high-quality service through Secretary shall formalize and strengthen required by section 520E–3(c) of the Public the Suicide Prevention Lifeline, and agreements between the National Suicide Health Service Act, as added by section for other purposes, as amended. Prevention Lifeline program and the Centers 2(a)(2) of this Act, the Comptroller General The Clerk read the title of the bill. for Disease Control and Prevention to trans- of the United States shall— (1) complete a study on the Suicide Preven- The text of the bill is as follows: mit any necessary epidemiological data from the program to the Centers, including local tion Lifeline; and H.R. 4564 call center data, to assist the Centers in sui- (2) submit a report to the Congress on the Be it enacted by the Senate and House of Rep- cide prevention efforts.’’. results of such study. resentatives of the United States of America in (c) AUTHORIZATION OF APPROPRIATIONS.— (b) ISSUES TO BE STUDIED.—The study re- Congress assembled, Subsection (e) of section 520E–3 of the Public quired by subsection (a) shall address— SECTION 1. SHORT TITLE. Health Service Act (42 U.S.C. 290bb–36c) is (1) the feasibility of geolocating callers to This Act may be cited as the ‘‘Suicide Pre- amended to read as follows: direct calls to the nearest crisis center; vention Lifeline Improvement Act of 2020’’. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (2) operation shortcomings of the Suicide SEC. 2. SUICIDE PREVENTION LIFELINE. ‘‘(1) IN GENERAL.—To carry out this sec- Prevention Lifeline; tion, there are authorized to be appropriated (3) geographic coverage of each crisis call (a) PLAN.—Section 520E–3 of the Public Health Service Act (42 U.S.C. 290bb–36c) is $50,000,000 for each of fiscal years 2021 center; through 2023. amended— (4) the call answer rate of each crisis call ‘‘(2) ALLOCATION.—Of the amount author- (1) by redesignating subsection (c) as sub- center; ized to be appropriated by paragraph (1) for section (e); and (5) the call wait time of each crisis call each of fiscal years 2021 through 2023, at least (2) by inserting after subsection (b) the fol- center; 80 percent shall be made available to crisis lowing: (6) the hours of operation of each crisis call centers.’’. ‘‘(c) PLAN.— center; SEC. 3. PILOT PROGRAM ON INNOVATIVE TECH- ‘‘(1) IN GENERAL.—For purposes of main- (7) funding avenues of each crisis call cen- NOLOGIES. taining the suicide prevention hotline under ter; (a) PILOT PROGRAM.— subsection (b)(2), the Secretary shall develop (8) the implementation of the plan under (1) IN GENERAL.—The Secretary of Health and implement a plan to ensure the provi- section 520E–3(c) of the Public Health Serv- and Human Services, acting through the As- ice Act, as added by section 2(a) of this Act, sion of high-quality service. sistant Secretary for Mental Health and Sub- ‘‘(2) CONTENTS.—The plan required by para- including the progress towards meeting the stance Use, shall carry out a pilot program objectives identified pursuant to paragraph graph (1) shall include the following: to research, analyze, and employ various ‘‘(A) Quality assurance provisions, includ- (2)(A)(i) of such section 520E–3(c) by the technologies and platforms of communica- timeframes identified pursuant to paragraph ing— tion (including social media platforms, ‘‘(i) clearly defined and measurable per- (2)(A)(ii) of such section 520E–3(c); and texting platforms, and email platforms) for (9) service to individuals requesting a for- formance indicators and objectives to im- suicide prevention in addition to the tele- prove the responsiveness and performance of eign language speaker, including— phone and online chat service provided by (A) the number of calls or chats the Life- the hotline, including at backup call centers; the Suicide Prevention Lifeline. and line receives from individuals speaking a for- (2) AUTHORIZATION OF APPROPRIATIONS.—To eign language; ‘‘(ii) quantifiable timeframes to track the carry out paragraph (1), there is authorized progress of the hotline in meeting such per- (B) the capacity of the Lifeline to handle to be appropriated $5,000,000 for the period of these calls or chats; and formance indicators and objectives. fiscal years 2021 and 2022. ‘‘(B) Standards that crisis centers and (C) the number of crisis centers with the (b) REPORT.—Not later than 24 months capacity to serve foreign language speakers, backup centers must meet— after the date on which the pilot program in house. ‘‘(i) to participate in the network under under subsection (a) commences, the Sec- (c) RECOMMENDATIONS.—The report re- subsection (b)(1); and retary of Health and Human Services, acting quired by subsection (a) shall include rec- ‘‘(ii) to ensure that each telephone call, on- through the Assistant Secretary for Mental ommendations for improving the Suicide line chat message, and other communication Health and Substance Use, shall submit to Prevention Lifeline, including recommenda- received by the hotline, including at backup the Congress a report on the pilot program. tions for legislative and administrative ac- call centers, is answered in a timely manner With respect to each platform of commu- tions. by a person, consistent with the guidance es- nication employed pursuant to the pilot pro- tablished by the American Association of gram, the report shall include— SEC. 6. DEFINITION. Suicidology or other guidance determined by (1) a full description of the program; In this Act, the term ‘‘Suicide Prevention the Secretary to be appropriate. (2) the number of individuals served by the Lifeline’’ means the suicide prevention hot- ‘‘(C) Guidelines for crisis centers and program; line maintained pursuant to section 520E–3 of backup centers to implement evidence-based (3) the average wait time for each indi- the Public Health Service Act (42 U.S.C. practices including with respect to followup vidual to receive a response; 290bb–36c). and referral to other health and social serv- (4) the cost of the program, including the The SPEAKER pro tempore. Pursu- ices resources. cost per individual served; and ant to the rule, the gentlewoman from

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.127 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4631 Michigan (Mrs. DINGELL) and the gen- This legislation will increase the au- and improved. It has to constantly tleman from Montana (Mr. GIANFORTE) thorization of the National Suicide evolve. each will control 20 minutes. Prevention Lifeline program to $50 mil- The work is certainly even more im- The Chair recognizes the gentle- lion each year through fiscal year 2022. portant now that we know about the woman from Michigan. This bill ensures funding is available new 988 designation by the FCC. We GENERAL LEAVE for the continued operation of the sui- have heard a lot about that this after- Mrs. DINGELL. Madam Speaker, I cide hotline. When an individual in cri- noon because we know there is going to ask unanimous consent that all Mem- sis calls the suicide hotline, they can’t be a lot higher demand. bers have 5 legislative days in which to get a busy signal. This is crucial, One of the things I have done the last revise and extend their remarks and in- again, in this time of economic distress couple of years at every event is I say: clude extraneous material on H.R. 4564. and social isolation. Okay, everybody here raise their hand The SPEAKER pro tempore. Is there I know we will also consider several who knows the suicide lifeline number. objection to the request of the gentle- other pieces of legislation, including No one raises their hand ever. But woman from Michigan? designating 988 as the extension for the that will be different. In fact, I am very There was no objection. national suicide hotline. confident that, within a few years, the Mrs. DINGELL. Madam Speaker, I With more individuals in crisis, more 988 will go international, and it will be yield myself such time as I may con- calls will come. We must increase the standard all over the world. sume. awareness of this critical resource and It is especially important now during Madam Speaker, I rise in support of make it easier to remember the num- the pandemic. I just looked it up while H.R. 4564, the Suicide Prevention Life- ber. we were waiting that a survey this line Improvement Act of 2020. This leg- We must make sure the national sui- July—2 months ago—found that 36 per- islation will provide additional re- cide hotline is prepared to deal with cent of young people 18 to 29 years old sources and authority for the National those in crisis. This issue has been one are experiencing clinical depression. Suicide Prevention Lifeline, ensuring of my top priorities in Congress, and I Madam Speaker, 48,000 Americans that it will have the infrastructure am glad we have been able to work to- died by their own hand in 2018. We necessary to meet both current needs gether to get this done. can’t save every life, but the Suicide and the increased volume of outreach Madam Speaker, I urge my col- Prevention Lifeline is remarkably suc- expected when the 988 number is for- leagues to support this important bi- cessful in helping people through that mally adopted. partisan legislation, and I reserve the singular moment of despair in their The National Suicide Prevention balance of my time. lives. Lifeline currently expects 12 million b 1830 Madam Speaker, I want to thank my calls over the next 4 years, equivalent Mrs. DINGELL. Madam Speaker, I colleagues again. It has been bipar- to the total number of calls from 2005 yield such time as he may consume to tisan, and it has been very important. to 2017. the distinguished gentleman from Vir- Good friends like Mr. GIANFORTE, Mr. Given this increased demand, the ginia (Mr. BEYER), who has helped KATKO, FRANK PALLONE, and ANNA current authorization level of approxi- champion this bill. ESHOO helped us through, and my dear mately $7.2 million per year is insuffi- Mr. BEYER. Madam Speaker, I too friend DEBBIE DINGELL led here today. I cient to meet expected need for the rise to ask my colleagues to support thank them for prioritizing these men- lifeline’s critical services for those in the Suicide Prevention Lifeline Im- tal health supports when we need it crisis. provement Act led by my colleague, most. This legislation increases the author- Mr. KATKO. Mr. GIANFORTE. Madam Speaker, in ization for the lifeline to $50 million This is a bill that the Mental Health closing, this is a critical issue in Mon- each year through fiscal year 2022, al- Caucus co-chairs, Mr. KATKO and Mrs. tana. We have one of the highest sui- lowing it to effectively manage the in- NAPOLITANO, and I have been working cide rates in the country, and making creased call volume while reducing on for several years. these services available is critical. wait times. Two years ago, I spent a long after- Madam Speaker, I urge my col- Additionally, the Suicide Prevention noon at the local suicide lifeline in leagues to support the bill, and I yield Lifeline Improvement Act will create a northern Virginia. It was fascinating; back the balance of my time. new pilot program to deploy innovative it was important; and I learned a great Mrs. DINGELL. Madam Speaker, dur- technologies through social media, deal. Number one, I learned that an ing these unprecedented times, we need texting, and other platforms, con- awful lot of young people want to do to ensure that we are putting the re- necting Americans where they are to texts rather than phone calls, and they sources into those that need them. the lifeline. didn’t have that capability. I learned Madam Speaker, I urge my col- It will also establish a plan for main- that they were in desperate need of leagues to support this legislation, and taining the lifeline program and pro- more staff. I learned that they needed I yield back the balance of my time. vide additional study and recommenda- more volunteers, and when I said that The SPEAKER pro tempore. The tions from HHS on ways to further I would like to be a volunteer, I learned question is on the motion offered by strengthen access to this program. that it took four long weekends, then the gentlewoman from Michigan (Mrs. I thank and appreciate Representa- you had to commit to 40 hours of train- DINGELL) that the House suspend the tives KATKO, BEYER, and NAPOLITANO ing, and then you had to commit to at rules and pass the bill, H.R. 4564, as for their leadership in offering this leg- least one 4- or 5-hour shift per week for amended. islation, and continuing to push for re- the next year. The question was taken; and (two- forms to strengthen the National Sui- I also found that it had a remarkable thirds being in the affirmative) the cide Prevention Lifeline. success rate. They said they had talked rules were suspended and the bill, as Madam Speaker, I urge my col- to something like 3,000 people the pre- amended, was passed. leagues to support this bipartisan ef- vious year. A motion to reconsider was laid on fort to strengthen access to this crit- I asked: ‘‘How many had been lost?’’ the table. ical resource for Americans in crisis. Two out of 3,000. f I reserve the balance of my time. But I also found out that they have Mr. GIANFORTE. Madam Speaker, I wait times sometimes up to 60 minutes CAMPAIGN TO PREVENT SUICIDE yield myself such time as I may con- just to get on a call. A crisis can’t af- ACT sume. ford to wait 60 minutes, and that is Mrs. DINGELL. Madam Speaker, I Madam Speaker, I rise today in sup- why we developed this legislation to move to suspend the rules and pass the port of H.R. 4564, the Suicide Preven- give the lifeline the resources it needs bill (H.R. 4585) to require the Director tion Lifeline Improvement Act, intro- and the quick answering times it has of the Centers for Disease Control and duced by Representatives KATKO, to have to be successful. Prevention to conduct a national sui- CA´ RDENAS, and Representatives We also built in oversight capability cide prevention media campaign, and GRAVES and BISHOP from Georgia. so it can be more effectively reviewed for other purposes, as amended.

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.129 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4632 CONGRESSIONAL RECORD — HOUSE September 21, 2020 The Clerk read the title of the bill. practicable, use amounts made available (e) REPORT TO CONGRESS.—Not later than The text of the bill is as follows: under subsection (f) for media that targets 18 months after implementation of the na- H.R. 4585 individuals in local areas with higher suicide tional media campaign has begun, the Sec- rates. retary, in coordination with the Assistant Be it enacted by the Senate and House of Rep- (c) USE OF FUNDS.— Secretary and the Director, shall, with re- resentatives of the United States of America in (1) REQUIRED USES.— spect to the first year of the national media Congress assembled, (A) IN GENERAL.—The Secretary shall, to campaign, submit to Congress a report that SECTION 1. SHORT TITLE. the extent reasonably feasible with the funds describes— This Act may be cited as the ‘‘Campaign to made available under subsection (f), carry (1) the strategy of the national media cam- Prevent Suicide Act’’. out the following, with respect to the na- paign and whether specific objectives of such SEC. 2. NATIONAL SUICIDE PREVENTION LIFE- tional media campaign: campaign were accomplished, including LINE. (i) The purchase of advertising time and whether such campaign impacted the num- Section 520E–3(b)(2) of the Public Health space, including the strategic planning for, ber of calls made to lifeline crisis centers Service Act (42 U.S.C. 290bb–36c(b)(2)) is and accounting of, any such purchase. and the capacity of such centers to manage amended by inserting after ‘‘suicide preven- (ii) Creative services and talent costs. such calls; tion hotline’’ the following: ‘‘, which, begin- (iii) Advertising production costs. (2) steps taken to ensure that the national ning not later than one year after the date of (iv) Testing and evaluation of advertising. media campaign operates in an effective and the enactment of the Campaign to Prevent (v) Evaluation of the effectiveness of the efficient manner consistent with the overall Suicide Act, shall be a 3-digit nationwide national media campaign. strategy and focus of the national media toll-free telephone number,’’. (vi) Operational and management ex- campaign; SEC. 3. NATIONAL SUICIDE PREVENTION MEDIA penses. (3) plans to purchase advertising time and CAMPAIGN. (vii) The creation of an educational toolkit space; (a) NATIONAL SUICIDE PREVENTION MEDIA for television and social media platforms to (4) policies and practices implemented to CAMPAIGN.— use in discussing suicide and raising aware- ensure that Federal funds are used respon- (1) IN GENERAL.—Not later than the date ness about how to prevent suicide. sibly to purchase advertising time and space that is three years after the date of the en- (B) SPECIFIC REQUIREMENTS.— and eliminate the potential for waste, fraud, actment of this Act, the Secretary of Health (i) TESTING AND EVALUATION OF ADVER- and abuse; and and Human Services (referred to in this sec- TISING.—In testing and evaluating adver- (5) all contracts entered into with a cor- tion as the ‘‘Secretary’’), in coordination tising under subparagraph (A)(iv), the Sec- poration, a partnership, or an individual with the Assistant Secretary for Mental retary shall test all advertisements after use working on behalf of the national media Health and Substance Use (referred to in this in the national media campaign to evaluate campaign. section as the ‘‘Assistant Secretary’’) and the extent to which such advertisements (f) AUTHORIZATION OF APPROPRIATIONS.— the Director of the Centers for Disease Con- have been effective in carrying out the pur- For purposes of carrying out this section, trol and Prevention (referred to in this sec- poses of the national media campaign. there is authorized to be appropriated tion as the ‘‘Director’’), shall conduct a na- (ii) EVALUATION OF EFFECTIVENESS OF NA- $10,000,000 for each of fiscal years 2021 tional suicide prevention media campaign TIONAL MEDIA CAMPAIGN.—In evaluating the through 2025. (referred to in this section as the ‘‘national effectiveness of the national media campaign The SPEAKER pro tempore. Pursu- media campaign’’), in accordance with the under subparagraph (A)(v), the Secretary ant to the rule, the gentlewoman from requirements of this section, for purposes shall take into account— Michigan (Mrs. DINGELL) and the gen- of— (I) the number of unique calls that are tleman from Montana (Mr. GIANFORTE) (A) preventing suicide in the United made to the suicide prevention hotline main- States; tained under section 520E–3 of the Public each will control 20 minutes. (B) educating families, friends, and com- Health Service Act (42 U.S.C. 290bb–36c) and The Chair recognizes the gentle- munities on how to address suicide and suici- assess whether there are any State and re- woman from Michigan. dal thoughts, including when to encourage gional variations with respect to the capac- GENERAL LEAVE individuals with suicidal risk to seek help; ity to answer such calls; Mrs. DINGELL. Madam Speaker, I and (II) the number of unique encounters with ask unanimous consent that all Mem- (C) increasing awareness of suicide preven- suicide prevention and support resources of bers may have 5 legislative days in tion resources of the Centers for Disease the Centers for Disease Control and Preven- which to revise and extend their re- Control and Prevention and the Substance tion and the Substance Abuse and Mental marks and include extraneous material Abuse and Mental Health Services Adminis- Health Services Administration and assess tration (including the suicide prevention engagement with such suicide prevention on H.R. 4585. hotline maintained under section 520E–3 of and support resources; The SPEAKER pro tempore. Is there the Public Health Service Act (42 U.S.C. (III) whether the national media campaign objection to the request of the gentle- 290bb–36c)), any suicide prevention mobile has contributed to increased awareness that woman from Michigan? application of the Centers for Disease Con- suicidal individuals should be engaged, rath- There was no objection. trol and Prevention or the Substance Abuse er than ignored; and Mrs. DINGELL. Madam Speaker, I Mental Health Services Administration, and (IV) such other measures of evaluation as yield myself such time as I may con- other support resources determined appro- the Secretary determines are appropriate. sume. priate by the Secretary. (2) OPTIONAL USES.—The Secretary may use Madam Speaker, I rise in support of (2) ADDITIONAL CONSULTATION.—In addition amounts made available under subsection (f) H.R. 4585, the Campaign to Prevent to coordinating with the Assistant Secretary for the following, with respect to the na- Suicide Act. This legislation will fur- and the Director under this section, the Sec- tional media campaign: ther facilitate access to existing Fed- retary shall consult with, as appropriate, (A) Partnerships with professional and State, local, Tribal, and territorial health civic groups, community-based organiza- eral resources on suicide prevention by departments, primary health care providers, tions, including faith-based organizations, creating a national suicide prevention hospitals with emergency departments, men- and Government or Tribal organizations that media campaign to help raise aware- tal and behavioral health services providers, the Secretary determines have experience in ness of the lifeline as well as advertise crisis response services providers, first re- suicide prevention, including the Substance the new 988 number when it becomes sponders, suicide prevention and mental Abuse and Mental Health Services Adminis- available. health professionals, patient advocacy tration and the Centers for Disease Control Additionally, the Campaign to Pre- groups, survivors of suicide attempts, and and Prevention. vent Suicide Act will also provide guid- representatives of television and social (B) Entertainment industry outreach, ance to TV and social media companies media platforms in planning the national interactive outreach, media projects and ac- media campaign to be conducted under para- tivities, public information, news media out- on how effectively to communicate graph (1). reach, outreach through television programs, about suicide prevention through the (b) TARGET AUDIENCES.— and corporate sponsorship and participation. creation of a media and best practices (1) TAILORING ADVERTISEMENTS AND OTHER (d) PROHIBITIONS.—None of the amounts tool kit. COMMUNICATIONS.—In conducting the na- made available under subsection (f) may be Given the significant mental health tional media campaign under subsection obligated or expended for any of the fol- impacts of the COVID–19 pandemic, en- (a)(1), the Secretary may tailor culturally lowing: suring that Americans have access to competent advertisements and other com- (1) To supplant current suicide prevention the support they need during these try- munications of the campaign across all campaigns. available media for a target audience (such (2) For partisan political purposes, or to ing times is more important than ever. as a particular geographic location or demo- express advocacy in support of or to defeat With multiple studies pointing to the graphic) across the lifespan. any clearly identified candidate, clearly pandemic’s significant impact on men- (2) TARGETING CERTAIN LOCAL AREAS.—The identified ballot initiative, or clearly identi- tal health, including a fourfold in- Secretary shall, to the maximum extent fied legislative or regulatory proposal. crease in depression reported by the

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.131 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4633 CDC this summer, we cannot lose sight thing that I have been working on with for the willingness to talk about it of this longstanding public health good friends like GREG—and there is publicly because we do need for people issue. this discomfort. People look away; to acknowledge that it is a normal feel- I appreciate Representatives BEYER’s they shuffle their feet; and some people ing, and it is okay. I have seen it in my and GIANFORTE’s work on this legisla- slip out of the back of the room. Yet, own family and wish that we had been tion, which will provide resources for every time at the end of the event peo- willing to talk about it before it had outreach on suicide prevention during ple will come up and say: Thank you so been too late. a time when it is needed more than much for talking about that. I lost my Madam Speaker, I urge my col- ever. We need to lift the stigma from aunt. I lost my brother. leagues to support this legislation, and people talking about this. It happens in Nobody talks about it. A change in I yield back the balance of my time. every family and in every place. social norms from a culture of avoid- The SPEAKER pro tempore. The Madam Speaker, I urge my col- ance to a culture of engagement is question is on the motion offered by leagues to support passage of this bill, needed in order to ensure that those the gentlewoman from Michigan (Mrs. and I reserve the balance of my time. who need help can actually seek it. DINGELL) that the House suspend the Mr. GIANFORTE. Madam Speaker, I The United States Air Force has de- rules and pass the bill, H.R. 4585, as yield myself such time as I may con- veloped a similar initiative tailored to amended. sume. the Air Force in order to change the The question was taken; and (two- Madam Speaker, I rise today in sup- culture surrounding suicide, and re- thirds being in the affirmative) the port of H.R. 4585, the Campaign to Pre- searchers found that it is associated rules were suspended and the bill, as vent Suicide Act introduced by Rep- with a 33 percent drop in the relative amended, was passed. resentative BEYER and me. I want to risk reduction in suicide. This reflects The title of the bill was amended so thank my friend, DON BEYER, for lead- the importance of engaging, but the as to read: ‘‘A bill to require the Sec- ing the effort on the bill. second piece is knowing how to do it. retary of Health and Human Services Our bill directs the Centers for Dis- The Federal Communications Com- to conduct a national suicide preven- ease Control and Prevention, as well as mission has the new 988 number we all tion media campaign, and for other the Substance Abuse and Mental talked about, but of course, we have to purposes.’’. Health Services Administration, to tell people about it, which is why it is A motion to reconsider was laid on conduct a national suicide prevention so time sensitive. the table. education campaign. This includes ad- The Campaign to Prevent Suicide f vertising the new 988 number for the would, number one, act to change the National Suicide Prevention Lifeline. culture around suicide so Americans SUICIDE PREVENTION ACT The measure also encourages individ- know to intervene rather than to ig- Mrs. DINGELL. Madam Speaker, I uals to engage people showing signs of nore. Again, when I was growing up, move to suspend the rules and pass the suicidal behavior to provide them with you were not supposed to say, ‘‘Debbie, bill (H.R. 5619) to authorize a pilot pro- the support that they need. are you feeling suicidal?’’ because you gram to expand and intensify surveil- We introduced this legislation to might give her the idea to do it. Now, lance of self-harm in partnership with complement the efforts of both the leg- we say, ‘‘Debbie, do you feel like hurt- State and local public health depart- islation to designate 988 as the suicide ing yourself?’’ or, ‘‘Do you want to kill ments, to establish a grant program to hotline and Mr. KATKO’s legislation to yourself?’’ provide self-harm and suicide preven- ensure funding to implement the des- I was so thrilled when I went to the tion services in hospital emergency de- ignation. These bills are badly needed emergency room last year. I got some- partments, and for other purposes, as by a nation working to emerge from an thing in my eye. I just had something amended. unprecedented health and economic in my eye, and the first thing they said The Clerk read the title of the bill. crisis. is: Do you feel like killing yourself? The text of the bill is as follows: Madam Speaker, I ask my colleagues I thanked the nurse, and I thanked H.R. 5619 to come together here today and ad- the doctor for making sure that I was Be it enacted by the Senate and House of Rep- vance these bills, and I reserve the bal- okay. resentatives of the United States of America in ance of my time. Of course, it will be an awareness Congress assembled, Mrs. DINGELL. Madam Speaker, I campaign for the new 988 number, but SECTION 1. SHORT TITLE. yield such time as he may consume to also it will educate media and social This Act may be cited as the ‘‘Suicide Preven- the gentleman from Virginia (Mr. media because the world has changed. tion Act’’. BEYER). Today, often it will be a Facebook post SEC. 2. SYNDROMIC SURVEILLANCE OF SELF- Mr. BEYER. Madam Speaker, today, or a tweet or an Instagram that might HARM BEHAVIORS PROGRAM. I rise to urge my colleagues to support be the first hint that somebody is Title III of the Public Health Service Act is the bipartisan bill, H.R. 4585, the Cam- thinking about killing themselves. amended by inserting after section 317U of such paign to Prevent Suicide Act, that I in- We are dealing with a suicide epi- Act (42 U.S.C. 247b–23) the following: ‘‘SEC. 317V. SYNDROMIC SURVEILLANCE OF SELF- troduced with my friend, GREG demic made worse during the pandemic HARM BEHAVIORS PROGRAM. IANFORTE G . because the very stress of the pandemic ‘‘(a) IN GENERAL.—The Secretary shall award September is Suicide Prevention exacerbated it for all of us. With 200,000 grants to State, local, Tribal, and territorial Awareness Month, and for that very dead who are in the news all the time, public health departments for the expansion of reason, this bill couldn’t be more im- we have a death anxiety that mostly surveillance of self-harm. portant. Suicide is the 10th leading only people in battle have. So, this is ‘‘(b) DATA SHARING BY GRANTEES.—As a con- cause of death in the United States and really, really important. dition of receipt of such grant under subsection the second leading cause of death for Madam Speaker, I urge my col- (a), each grantee shall agree to share with the 15- to 34-year-olds. Overall suicide rates leagues to support this good bipartisan Centers for Disease Control and Prevention in real time, to the extent feasible and as specified increased 35 percent from 1999 through bill to save lives and to save the enor- in the grant agreement, data on suicides and 2018. mous burden of grief that families feel. self-harm for purposes of— Suicide can be prevented, but unfor- Mr. GIANFORTE. Madam Speaker, in ‘‘(1) tracking and monitoring self-harm to in- tunately, it is still a taboo topic for closing, I just want to thank my friend, form response activities to suicide clusters; much of American society. The stigma DON BEYER, again for his partnership ‘‘(2) informing prevention programming for against discussing suicide and seeking on this and his real leadership. identified at-risk populations; and help is a significant barrier to preven- This is an important piece of legisla- ‘‘(3) conducting or supporting research. tion. It is one of those things where if tion, Madam Speaker. I urge my col- ‘‘(c) DISAGGREGATION OF DATA.—The Sec- suicide happened in a family, then no leagues to adopt it today, and I yield retary shall provide for the data collected through surveillance of self-harm under sub- one would ever talk about it. back the balance of my time. section (b) to be disaggregated by the following It is important to tackle this head- Mrs. DINGELL. Madam Speaker, I categories: on. I can’t tell you how many times I want to thank both of my colleagues ‘‘(1) Nonfatal self-harm data of any intent. bring this up at an event—it is some- for their leadership on this issue and ‘‘(2) Data on suicidal ideation.

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 6333 E:\CR\FM\K21SE7.132 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4634 CONGRESSIONAL RECORD — HOUSE September 21, 2020 ‘‘(3) Data on self-harm where there is no evi- the disclosure of individually identifiable infor- grant, submit to the Secretary a report evalu- dence, whether implicit or explicit, of suicidal mation, at a minimum, consistent with all appli- ating the activities supported by the grant. intent. cable privacy laws and regulations. ‘‘(B) MATTERS TO BE INCLUDED.—The report ‘‘(4) Data on self-harm where there is evi- ‘‘(2) CONTENTS.—In addition to the data col- required under subparagraph (A) shall in- dence, whether implicit or explicit, of suicidal lected under subsections (b) and (c), the report clude— intent. under paragraph (1) shall include— ‘‘(i) the number of patients receiving— ‘‘(5) Data on self-harm where suicidal intent ‘‘(A) challenges and gaps in data collection ‘‘(I) screenings carried out at the hospital is unclear based on the available evidence. and reporting; emergency department; ‘‘(d) PRIORITY.—In making awards under sub- ‘‘(B) recommendations to address such gaps ‘‘(II) short-term self-harm and suicide preven- section (a), the Secretary shall give priority to and challenges; and tion services at the hospital emergency depart- eligible entities that are— ‘‘(C) a description of any public health re- ment; and ‘‘(1) located in a State with an age-adjusted sponses initiated at the Federal, State, or local ‘‘(III) referrals to health care facilities for the rate of nonfatal suicidal behavior that is above level in response to the data collected. purposes of receiving long-term self-harm and the national rate of nonfatal suicidal behavior, ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—To suicide prevention; as determined by the Director of the Centers for carry out this section, there are authorized to be ‘‘(ii) information on the adherence of the hos- Disease Control and Prevention; appropriated $20,000,000 for each of fiscal years pital emergency department to the standards of ‘‘(2) serving an Indian Tribe (as defined in 2021 through 2025.’’. practice described in subsection (f)(1); and section 4 of the Indian Self-Determination and ‘‘(iii) other information as the Secretary deter- SEC. 3. GRANTS TO PROVIDE SELF-HARM AND mines appropriate to evaluate the use of grant Education Assistance Act) with an age-adjusted SUICIDE PREVENTION SERVICES. funds. rate of nonfatal suicidal behavior that is above Part B of title V of the Public Health Service ‘‘(2) REPORTS TO CONGRESS.—Not later than 2 the national rate of nonfatal suicidal behavior, Act (42 U.S.C. 290aa et seq.) is amended by add- years after the date of the enactment of the Sui- as determined through appropriate mechanisms ing at the end the following: cide Prevention Act, and biennially thereafter, determined by the Secretary in consultation ‘‘SEC. 520N. GRANTS TO PROVIDE SELF-HARM the Secretary shall submit to the Committee on with Indian Tribes; or AND SUICIDE PREVENTION SERV- Health, Education, Labor and Pensions of the ‘‘(3) located in a State with a high rate of cov- ICES. Senate and the Committee on Energy and Com- erage of statewide (or Tribal) emergency depart- ‘‘(a) IN GENERAL.—The Secretary of Health merce of the House of Representatives a report ment visits, as determined by the Director of the and Human Services shall award grants to hos- on the grant program under this section, includ- Centers for Disease Control and Prevention. pital emergency departments to provide self- ing— ‘‘(e) GEOGRAPHIC DISTRIBUTION.—In making harm and suicide prevention services. ‘‘(A) a summary of reports received by the grants under this section, the Secretary shall ‘‘(b) ACTIVITIES SUPPORTED.— Secretary under paragraph (1); and make an effort to ensure geographic distribu- ‘‘(1) IN GENERAL.—A hospital emergency de- ‘‘(B) an evaluation of the program by the Sec- tion, taking into account the unique needs of partment awarded a grant under subsection (a) retary. rural communities, including— shall use amounts under the grant to implement ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To ‘‘(1) communities with an incidence of individ- a program or protocol to better prevent suicide carry out this section, there are authorized to be uals with serious mental illness, demonstrated attempts among hospital patients after dis- appropriated $30,000,000 for each of fiscal years suicidal ideation or behavior, or suicide rates charge, which may include— 2021 through 2025.’’. that are above the national average, as deter- ‘‘(A) screening patients for self-harm and sui- mined by the Assistant Secretary for Mental cide in accordance with the standards of prac- The SPEAKER pro tempore. Pursu- Health and Substance Use; tice described in subsection (e)(1) and standards ant to the rule, the gentlewoman from ‘‘(2) communities with a shortage of preven- of care established by appropriate medical and Michigan (Mrs. DINGELL) and the gen- tion and treatment services, as determined by advocacy organizations; tleman from Montana (Mr. GIANFORTE) the Assistant Secretary for Mental Health and ‘‘(B) providing patients short-term self-harm each will control 20 minutes. Substance Use and the Administrator of the and suicide prevention services in accordance The Chair recognizes the gentle- Health Resources and Services Administration; with the results of the screenings described in woman from Michigan. and subparagraph (A); and ‘‘(3) other appropriate community-level fac- ‘‘(C) referring patients, as appropriate, to a GENERAL LEAVE tors and social determinants of health such as health care facility or provider for purposes of Mrs. DINGELL. Madam Speaker, I income, employment, and education. receiving long-term self-harm and suicide pre- ask unanimous consent that all Mem- ‘‘(f) PERIOD OF PARTICIPATION.—To be se- vention services, and providing any additional bers may have 5 legislative days in lected as a grant recipient under this section, a follow up services and care identified as appro- which to revise and extend their re- State, local, Tribal, or territorial public health priate as a result of the screenings and short- marks and to include extraneous mate- department shall agree to participate in the pro- term self-harm and suicide prevention services rial on H.R. 5619. gram for a period of not less than 4 years. described in subparagraphs (A) and (B). The SPEAKER pro tempore. Is there ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary ‘‘(2) USE OF FUNDS TO HIRE AND TRAIN shall provide technical assistance and training STAFF.—Amounts awarded under subsection (a) objection to the request of the gentle- to grantees for collecting and sharing the data may be used to hire clinical social workers, men- woman from Michigan? under subsection (b). tal and behavioral health care professionals, There was no objection. ‘‘(h) DATA SHARING BY HHS.—Subject to sub- and support staff as appropriate, and to train Mrs. DINGELL. Madam Speaker, I section (b), the Secretary shall, with respect to existing staff and newly hired staff to carry out yield myself such time as I may con- data on self-harm that is collected pursuant to the activities described in paragraph (1). sume. this section, share and integrate such data ‘‘(c) GRANT TERMS.—A grant awarded under Madam Speaker, I rise in support of through— subsection (a)— H.R. 5615, the Suicide Prevention Act. ‘‘(1) the National Syndromic Surveillance Pro- ‘‘(1) shall be for a period of 3 years; and Currently, there is no complete data gram’s Early Notification of Community ‘‘(2) may be renewed subject to the require- Epidemics (ESSENCE) platform (or any suc- ments of this section. about suicide attempts or other in- cessor platform); ‘‘(d) APPLICATIONS.—A hospital emergency de- stances of self-harm in the United ‘‘(2) the National Violent Death Reporting partment seeking a grant under subsection (a) States. This fragmented and incom- System, as appropriate; or shall submit an application to the Secretary at plete reporting hinders our ability to ‘‘(3) another appropriate surveillance pro- such time, in such manner, and accompanied by track trends and target suicide preven- gram, including such a program that collects such information as the Secretary may require. tion resources where they might be the data on suicides and self-harm among special ‘‘(e) STANDARDS OF PRACTICE.— most effective in preventing these ‘‘(1) IN GENERAL.—Not later than 180 days populations, such as members of the military tragedies from occurring. and veterans. after the date of the enactment of this section, ‘‘(i) RULE OF CONSTRUCTION REGARDING AP- the Secretary shall develop standards of practice b 1845 PLICABILITY OF PRIVACY PROTECTIONS.—Noth- for screening patients for self-harm and suicide The Suicide Prevention Act will help ing in this section shall be construed to limit or for purposes of carrying out subsection alter the application of Federal or State law re- (b)(1)(C). strengthen data and reporting on sui- lating to the privacy of information to data or ‘‘(2) CONSULTATION.—The Secretary shall decide by authorizing funding for the information that is collected or created under velop the standards of practice described in Centers for Disease Control and Pre- this section. paragraph (1) in consultation with individuals vention to collaborate with State and ‘‘(j) REPORT.— and entities with expertise in self-harm and sui- local health departments to improve ‘‘(1) SUBMISSION.—Not later than 3 years after cide prevention, including public, private, and the tracking of these incidents. This the date of enactment of this Act, the Secretary non-profit entities. enhanced data collection will allow for shall evaluate the suicide and self-harm ‘‘(f) REPORTING.— earlier intervention and better under- syndromic surveillance systems at the Federal, ‘‘(1) REPORTS TO THE SECRETARY.— State, and local levels and submit a report to ‘‘(A) IN GENERAL.—A hospital emergency de- standing of suicide trends, helping to Congress on the data collected under sub- partment awarded a grant under subsection (a) better identify and treat at-risk indi- sections (b) and (c) in a manner that prevents shall, at least quarterly for the duration of the viduals.

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.056 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4635 The legislation also creates a The text of the bill is as follows: ‘‘(B) the term ‘manufacturer’ means a per- SAMHSA grant program to fund self- H.R. 5663 son who is engaged in any of the activities harm and suicide prevention services in Be it enacted by the Senate and House of Rep- listed in clause (A).’’. hospital emergency departments. This resentatives of the United States of America in SEC. 3. DETERMINATION OF BUDGETARY EF- FECTS. includes screening at-risk patients, Congress assembled, SECTION 1. SHORT TITLE. The budgetary effects of this Act, for the providing services as needed, and refer- purpose of complying with the Statutory ring patients for follow-up care for This Act may be cited as the ‘‘Safe- guarding Therapeutics Act’’. Pay-As-You-Go Act of 2010, shall be deter- long-term self-harm and suicide pre- mined by reference to the latest statement SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT vention. DEVICES. titled ‘‘Budgetary Effects of PAYGO Legisla- Hospital emergency departments are (a) IN GENERAL.—Section 801(a) of the Fed- tion’’ for this Act, submitted for printing in on the front lines of providing critical eral Food, Drug, and Cosmetic Act (21 U.S.C. the Congressional Record by the Chairman of behavior health services, and these re- 381(a)) is amended— the House Budget Committee, provided that (1) in the fourth sentence, by inserting ‘‘or such statement has been submitted prior to sources will help identify and treat in- the vote on passage. dividuals at the highest risk for suicide counterfeit device’’ after ‘‘counterfeit drug’’; and and self-harm. The SPEAKER pro tempore. Pursu- (2) by striking ‘‘The Secretary of the ant to the rule, the gentlewoman from Madam Speaker, I appreciate my col- Treasury shall cause the destruction of’’ and Michigan (Mrs. DINGELL) and the gen- leagues, Congressman STEWART and all that follows through ‘‘liable for costs pur- tleman from Montana (Mr. GIANFORTE) Congresswoman MATSUI, for leading suant to subsection (c).’’ and inserting the this important legislation, and I urge following: ‘‘The Secretary of the Treasury each will control 20 minutes. my colleagues to support its passage. shall cause the destruction of any such arti- The Chair recognizes the gentle- Madam Speaker, I reserve the bal- cle refused admission unless such article is woman from Michigan. exported, under regulations prescribed by ance of my time. GENERAL LEAVE the Secretary of the Treasury, within 90 days Mrs. DINGELL. Madam Speaker, I Mr. GIANFORTE. Madam Speaker, I of the date of notice of such refusal or within yield myself such time as I may con- such additional time as may be permitted ask unanimous consent that all Mem- sume. pursuant to such regulations, except that the bers may have 5 legislative days in Madam Speaker, I rise today in sup- Secretary of Health and Human Services which to revise and extend their report of H.R. 5619, the Suicide Preven- may destroy, without the opportunity for ex- marks and include extraneous material tion Act, by Representatives STEWART port, any drug or device refused admission on H.R. 5663. under this section, if such drug or device is and MATSUI. The SPEAKER pro tempore. Is there valued at an amount that is $2,500 or less (or objection to the request of the gentle- This legislation establishes two grant such higher amount as the Secretary of the programs to prevent self-harm and sui- Treasury may set by regulation pursuant to woman from Michigan? cide. One would be to help train emer- section 498(a)(1) of the Tariff Act of 1930 (19 There was no objection. gency room personnel in suicide pre- U.S.C. 1498(a)(1))) and was not brought into Mrs. DINGELL. Madam Speaker, I vention strategies and screening. The compliance as described under subsection yield myself such time as I may con- bill also establishes a grant program to (b). The Secretary of Health and Human sume. enhance data collection and sharing to Services shall issue regulations providing for Madam Speaker, I rise in strong sup- notice and an opportunity to appear before help save lives. port of H.R. 5663, the Safeguarding the Secretary of Health and Human Services Therapeutics Act. My home State of Montana, unfortu- and introduce testimony, as described in the nately, has one of the highest suicide first sentence of this subsection, on destruc- Madam Speaker, this legislation pro- rates in the country. I thank my col- tion of a drug or device under the seventh vides FDA additional authority to take leagues for bringing forward this im- sentence of this subsection. The regulations action to protect public health and portant legislation. shall provide that prior to destruction, ap- safety by extending the agency’s ad- Madam Speaker, this is an important propriate due process is available to the ministrative destruction authority for piece of legislation. I urge my col- owner or consignee seeking to challenge the counterfeit medical devices, including decision to destroy the drug or device. Where diagnostic tests and surgical masks, as leagues to support it, and I yield back the Secretary of Health and Human Services the balance of my time. provides notice and an opportunity to appear well as combination products, like vac- Mrs. DINGELL. Madam Speaker, the and introduce testimony on the destruction cines, that may pose a threat to public gentleman is absolutely correct at how of a drug or device, the Secretary of Health health. important a piece of legislation this is. and Human Services shall store and, as ap- Given the global marketplace and ex- I urge my colleagues to support this plicable, dispose of the drug or device after tended supply chains for complex med- legislation, and I yield back the bal- the issuance of the notice, except that the ical products, counterfeit medical de- owner and consignee shall remain liable for ance of my time. vices are becoming increasingly com- costs pursuant to subsection (c).’’. mon, both in the United States and The SPEAKER pro tempore. The (b) DEFINITION.—Section 201(h) of the Fed- question is on the motion offered by eral Food, Drug, and Cosmetic Act (21 U.S.C. abroad. These counterfeit products the gentlewoman from Michigan (Mrs. 321(h)) is amended— pose a significant risk to patient DINGELL) that the House suspend the (1) by redesignating subparagraphs (1), (2), health and safety, and ensuring that rules and pass the bill, H.R. 5619, as and (3) as clauses (A), (B), and (C), respec- FDA has the appropriate authority to amended. tively; and take action by seizing and destroying (2) after making such redesignations— counterfeit medical devices will help The question was taken; and (two- (A) by striking ‘‘(h) The term’’ and insert- thirds being in the affirmative) the ing ‘‘(h)(1) The term’’; and safeguard America’s health. rules were suspended and the bill, as (B) by adding at the end the following: Under current law, counterfeit med- amended, was passed. ‘‘(2) The term ‘counterfeit device’ means a ical devices and combination products A motion to reconsider was laid on device which, or the container, packaging, or are typically shipped back to the send- the table. labeling of which, without authorization, er because of the limitations in FDA’s bears a trademark, trade name, or other f existing authority. This allows dan- identifying mark, imprint, or symbol, or any gerous counterfeit devices to remain in SAFEGUARDING THERAPEUTICS likeness thereof, or is manufactured using a the supply chain, continuing to rep- ACT design, of a device manufacturer, packer, or distributor other than the person or persons resent a significant risk to consumers. Mrs. DINGELL. Madam Speaker, I who in fact manufactured, packed, or distrib- The Safeguarding Therapeutics Act is a move to suspend the rules and pass the uted such device and which thereby falsely straightforward, commonsense ap- bill (H.R. 5663) to amend the Federal purports or is represented to be the product proach to this issue with bipartisan Food, Drug, and Cosmetic Act to give of, or to have been packed or distributed by, support that will provide FDA with au- authority to the Secretary of Health such other device manufacturer, packer, or thority it already possesses with re- and Human Services, acting through distributor. spect to counterfeit drugs. ‘‘(3) For purposes of subparagraph (2)— the Commissioner of Food and Drugs, ‘‘(A) the term ‘manufactured’ refers to any Given the deficiencies highlighted to destroy counterfeit devices, as of the following activities: manufacture, with certain aspects of the healthcare amended. preparation, propagation, compounding, as- supply chain throughout the current The Clerk read the title of the bill. sembly, or processing; and pandemic, taking action to further

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.136 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4636 CONGRESSIONAL RECORD — HOUSE September 21, 2020 safeguard the supply chain from poten- After visiting the mail facility, I stand the issue on the ground and tially dangerous products is more im- joined with my colleague, Representa- crafting bipartisan legislation to solve portant than ever. tive ELIOT ENGEL, to fix this, intro- this problem and protect American Madam Speaker, I thank my col- ducing the Safeguarding Therapeutics consumers. leagues on the Committee on Energy Act. This commonsense, bipartisan bill Madam Speaker, I urge adoption of and Commerce, Representatives GUTH- will give the FDA the authority to de- this legislation, and I yield back the RIE and ENGEL, for their work on this stroy counterfeit medical devices at balance of my time. legislation, and I urge my colleagues to entry points into our country. These Mrs. DINGELL. Madam Speaker, I support its passage. include items such as combination also thank Mr. GUTHRIE and Mr. ENGEL Madam Speaker, I reserve the bal- products, like injections and vaccines. for their leadership. ance of my time. If allowed into the country, these prod- I think the American people under- Mr. GIANFORTE. Madam Speaker, I ucts could end up on the black market stand this issue more now than ever, yield myself such time as I may con- and harm American patients. unfortunately. I urge my colleagues to sume. The Safeguarding Therapeutics Act support this legislation. Madam Speaker, I rise today in sup- has become especially important now Madam Speaker, I yield back the bal- port of H.R. 5663, the Safeguarding that the country is facing the COVID– ance of my time. Therapeutics Act, introduced by Rep- 19 pandemic. We have already seen in- The SPEAKER pro tempore. The resentatives GUTHRIE and ENGEL. This stances of counterfeit COVID–19 tests question is on the motion offered by legislation would extend FDA’s admin- and products claiming to cure COVID the gentlewoman from Michigan (Mrs. istrative destruction authority to being sent to the United States. Bad DINGELL) that the House suspend the counterfeit and other illegal medical actors are marketing tests and treat- rules and pass the bill, H.R. 5663, as devices. ments that have not been approved by amended. Under current law, the FDA is au- the FDA or the CDC. The question was taken; and (two- thorized to destroy certain imported We need to give the FDA the ability thirds being in the affirmative) the drugs that may pose a threat to public to destroy these products as they enter rules were suspended and the bill, as health; however, this authority does the United States. While our Nation amended, was passed. not extend to medical devices. continues to grapple with the A motion to reconsider was laid on The passage of this legislation during the table. the coronavirus pandemic is especially coronavirus pandemic, the last thing timely, as we have seen a surge in we need is fake COVID–19 tests and f counterfeit COVID–19 test kits im- products in our market. BLOCKING PROPERTY OF CERTAIN Also, in going to the JFK Airport, ported to the United States. PERSONS WITH RESPECT TO THE But it is not only counterfeit COVID– you are standing there with the per- CONVENTIONAL ARMS ACTIVI- 19 test kits entering our borders and sonnel, men and women who are wear- TIES OF IRAN—MESSAGE FROM posing risks to U.S. consumers. Inter- ing the uniform of our country, receiv- THE PRESIDENT OF THE UNITED national mail facilities have also inter- ing this mail moving forward. We gave STATES (H. DOC. NO. 116–154) cepted shipments of illegal contact them the authority: If it is a drug, they can destroy it if it is counterfeit; if it The SPEAKER pro tempore laid be- lenses and combination products in re- fore the House the following message cent years. is a device, it is an interpretation, but they don’t have the authority to move from the President of the United This additional authority will pre- States; which was read and, together vent shippers from trying to send ille- forward. They even told me that sometimes with the accompanying papers, referred gal products back to the United States to the Committee on Foreign Affairs and may deter future illegal shipments they open the package, see that it is counterfeit, and they have to return it. and Committee on the Judiciary and of medical devices. ordered to be printed: Madam Speaker, I thank my col- They close the package, return it, and To the Congress of the United States: leagues, Representatives GUTHRIE and they will see the same package come Pursuant to the Countering Amer- ENGEL, for working together in a bipar- back through the exact way that they ica’s Adversaries Through Sanctions tisan manner to advance this legisla- taped it. Act (Public Law 115–44), the Inter- tion to provide the FDA with the addi- So we need to give them the author- national Emergency Economic Powers tional tool to protect American con- ity. It doesn’t make sense. It is a com- Act (50 U.S.C. 1701 et seq.) (IEEPA), the sumers against potentially dangerous monsense approach. National Emergencies Act (50 U.S.C. medical products. ELIOT ENGEL and I made this bipar- Madam Speaker, I urge my col- tisan. I think every American citizen 1601 et seq.), section 212(f) of the Immi- leagues to support this bipartisan leg- says that is not the way we want to op- gration and Nationality Act of 1952 (8 islation, and I reserve the balance of erate, and particularly in this time and U.S.C. 1182(f)), and section 301 of title 3, my time. this pandemic, and there are people United States Code, I hereby report I Mrs. DINGELL. Madam Speaker, I trying to take advantage of this time have issued an Executive Order (the reserve the balance of my time. and this pandemic. ‘‘order’’) that affirms that it remains Mr. GIANFORTE. Madam Speaker, I Madam Speaker, I appreciate bring- the policy of the United States to yield 3 minutes to the gentleman from ing this to the floor today. I appreciate counter Iran’s malign influence in the Kentucky (Mr. GUTHRIE). the hard work of the Committee on En- Middle East, including transfers from Mr. GUTHRIE. Madam Speaker, I ergy and Commerce. Iran of destabilizing conventional rise today in support of my bill, the I thank Representative ENGEL. I weapons and acquisition of arms and Safeguarding Therapeutics Act. don’t think he represents JFK, but he related materiel by Iran. Transfers to Last year, I had the opportunity to does represent the great city of New and from Iran of arms or related mate- visit the international mail facility at York. riel or military equipment represent a JFK Airport in New York. Madam Speaker, I look forward to continuing threat to regional and When counterfeit drugs come continuing to work with my colleagues international security. Iran benefits through the mail facilities, the FDA on the Committee on Energy and Com- from engaging in the conventional has the authority to destroy it. How- merce as they respond to the arms trade by strengthening its rela- ever, if that counterfeit drug is at- coronavirus pandemic. tionships with other outlier regimes, tached to a syringe, it therefore con- Mrs. DINGELL. Madam Speaker, I lessening its international isolation, stitutes a medical device, and the FDA reserve the balance of my time. and deriving revenue that it uses to does not currently have the authority Mr. GIANFORTE. Madam Speaker, I support terror groups and fund malign to destroy counterfeit medical devices. yield myself such time as I may con- activities. Instead, in most cases, they are mailed sume. In light of these findings and in order back to where they came from, where Madam Speaker, I thank Mr. GUTH- to take additional steps with respect to they are repackaged and sent right RIE for his leadership on this and tak- the national emergency declared in Ex- back to the United States. ing the initiative to get out and under- ecutive Order 12957 of March 15, 1995

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.138 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4637 (Prohibiting Certain Transactions with tary end-users, including any efforts to criteria above for the blocking of prop- Respect to the Development of Iranian manufacture, acquire, possess, develop, erty and interests in property. Petroleum Resources), the order blocks transport, transfer, or use such items, I am enclosing a copy of the order I property and interests in property of by the Government of Iran (including have issued. persons determined by the Secretary of persons owned or controlled by, or act- State, in consultation with the Sec- ing for or on behalf of the Government DONALD J. TRUMP. THE WHITE HOUSE, retary of the Treasury, or the Sec- of Iran) or paramilitary organizations September 21, 2020. retary of the Treasury, in consultation financially or militarily supported by with the Secretary of State: the Government of Iran; f ∑ To engage in any activity that ma- ∑ To have materially assisted, spon- terially contributes to the supply, sale, sored, or provided financial, material, ADJOURNMENT or transfer, directly or indirectly, to or or technological support for, or goods The SPEAKER pro tempore. Pursu- from Iran, or for the use in or benefit or services to or in support of, any per- ant to section 4(b) of House Resolution of Iran, of arms or related materiel, in- son whose property and interests in 967, and pursuant to House Resolution cluding spare parts; property are blocked pursuant to the 1128, the House stands adjourned until 9 ∑ To provide to Iran any technical order; or training, financial resources or serv- ∑ To be owned or controlled by, or to a.m. tomorrow for morning-hour de- ices, advice, other services, or assist- have acted or purported to act for or on bate and 11 a.m. for legislative busi- ance related to the supply, sale, trans- behalf of, directly or indirectly, any ness, as a further mark of respect to fer, manufacture, maintenance, or use person whose property and interests in the memory of the late Honorable Ruth of arms and related materiel described property are blocked pursuant to the Bader Ginsburg. above; order. Thereupon (at 7 o’clock and 2 min- ∑ To have engaged, or attempted to Under section 212(f) of the Immigra- utes p.m.), under its previous order, the engage, in any activity that materially tion and Nationality Act of 1952 (8 House adjourned until tomorrow, Tues- contributes to, or poses a risk of mate- U.S.C. 1182(f)), the order also suspends day, September 22, 2020, at 9 a.m. for rially contributing to, the proliferation the immigrant and nonimmigrant morning-hour debate, as a further of arms or related materiel or items in- entry into the United States of aliens mark of respect to the memory of the tended for military end-uses or mili- determined to meet one or more of the late Honorable Ruth Bader Ginsburg.

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first and second quarters of 2020, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2020

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

Travel to Colombia, Peru, El Salvador, Hon- duras—January 17–24, 2020 Katy Quinn ...... 1/17 1/18 El Salvador ...... 207.45 ...... 207.45 1/18 1/20 Honduras ...... 548.00 ...... 548.00 1/20 1/22 Peru ...... 711.00 ...... 711.00 1/22 1/24 Colombia ...... 646.82 ...... 646.82 Commercial airfare ...... 3,410.93 ...... 3,410.93 Mark Morehouse ...... 1 /17 1 /18 El Salvador ...... 207.45 ...... 207.45 1/18 1/20 Honduras ...... 548.00 ...... 548.00 1/20 1/22 Peru ...... 711.00 ...... 711.00 1/22 1/24 Colombia ...... 646.82 ...... 646.82 Commercial airfare ...... 3,410.93 ...... 3,410.93 Brian Garrett ...... 1/17 1/18 El Salvador ...... 207.45 ...... 207.45 1/18 1/20 Honduras ...... 548.00 ...... 548.00 1/20 1/22 Peru ...... 711.00 ...... 711.00 1/22 1/24 Colombia ...... 646.82 ...... 646.82 Commercial airfare ...... 3,410.93 ...... 3,410.93 Chidi Blyden ...... 1 /17 1 /18 El Salvador ...... 207.45 ...... 207.45 1/18 1/20 Honduras ...... 548.00 ...... 548.00 1/20 1/22 Peru ...... 711.00 ...... 711.00 1/22 1/24 Colombia ...... 646.82 ...... 646.82 Commercial airfare ...... 3,410.93 ...... 3,410.93 Travel to Germany, Djibouti, Kenya, Ethiopia with STAFFDEL Leggieri—January 19–25, 2020 Jessica Carroll ...... 1/20 1/22 Djibouti ...... 762.00 ...... 762.00 1/22 1/23 Kenya ...... 299.00 ...... 299.00 1/23 1/24 Ethiopia ...... 533.81 ...... 533.81 Commercial airfare ...... 10,623.82 ...... 10,623.82 Travel to Thailand, Vietnam, Cambodia, Malay- sia—January 17–25, 2020 Hon. Seth Moulton ...... 1/17 1/21 Vietnam ...... 706.00 ...... 706.00 1/21 1/22 Cambodia ...... 236.00 ...... 236.00 1/22 1/24 Thailand ...... 461.47 ...... 461/47 Commercial airfare ...... 13,270.35 ...... 13,270.35 Hon. Jim Banks ...... 1/19 1/21 Vietnam ...... 320.00 ...... 320.00 1/21 1/22 Cambodia ...... 236.00 ...... 236.00 1/22 1/24 Thailand ...... 461.47 ...... 461.47 Commercial airfare ...... 13,406.15 ...... 13,406.15 Laura Rauch ...... 1/17 1/21 Vietnam ...... 706.00 ...... 706.00 1/21 1/22 Cambodia ...... 236.00 ...... 236.00 1/22 1/24 Thailand ...... 461.47 ...... 461.47 Commercial airfare ...... 13,666.95 ...... 13,666.95 Eric Snelgrove ...... 1 /19 1 /21 Vietnam ...... 320.00 ...... 320.00 1/21 1/22 Cambodia ...... 236.00 ...... 236.00 1/22 1/24 Thailand ...... 461.47 ...... 461.47 Commercial airfare ...... 13,532.95 ...... 13,532.95 Travel to Indonesia, Singapore—January 18–24, 2020 Shannon Green ...... 1/19 1/22 Indonesia ...... 1,065.00 ...... 1,065.00 1/22 1/24 Singapore ...... 814.00 ...... 814.00 Craig Greene ...... 1/19 1/22 Indonesia ...... 1,065.00 ...... 1,065.00 1/22 1/24 Singapore ...... 814.00 ...... 814.00 Jason Schmid ...... 1 /19 1 /22 Indonesia ...... 1,065.00 ...... 1,065.00 1/22 1/24 Singapore ...... 814.00 ...... 814.00 Bess Dopkeen ...... 1 /19 1 /22 Indonesia ...... 1,065.00 ...... 1,065.00 1/22 1/24 Singapore ...... 814.00 ...... 814.00 Travel to Germany—February 13–19, 2020 with CODEL Graham Hon. William ‘‘Mac’’ Thornberry ...... 2/15 2/17 Germany ...... 1,717.70 ...... 1,717.70

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 8634 E:\CR\FM\A21SE7.060 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4638 CONGRESSIONAL RECORD — HOUSE September 21, 2020 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2020— Continued

Hon. Michael Turner ...... 2/13 2/19 Germany ...... 1,717.70 ...... 1,717.70 Hon. Elissa Slotkin ...... 2/13 2/19 Germany ...... 1,717.70 ...... 1,717.70 Travel to Germany, Djibouti, Kenya—February 13– 20, 2020 Hon. Seth Moulton ...... 2/15 2/16 Germany ...... 773.00 ...... 773.00 2/17 2/18 Djibouti ...... 402.00 ...... 402.00 2/18 2/20 Kenya ...... 638.00 ...... 638.00 Commercial airfare ...... 14,607.00 ...... 14,607.00 Laura Rauch ...... 2/15 2/16 Germany ...... 773.00 ...... 773.00 2/17 2/18 Djibouti ...... 402.00 ...... 402.00 2/18 2/20 Kenya ...... 638.00 ...... 638.00 Commercial airfare ...... 14,607.00 ...... 14,607.00 Travel to Saudi Arabia, Egypt, Lebanon—February 13–22, 2020 Jonathan Lord ...... 2/14 2/16 Saudi Arabia ...... 856.76 ...... 856.76 2/17 2/19 Egypt ...... 825.72 ...... 825.72 2/19 2/22 Lebanon ...... 550.00 ...... 550.00 Commercial airfare ...... 11,919.51 ...... 11,919.51 Mark Morehouse ...... 2 /14 2 /16 Saudi Arabia ...... 856.76 ...... 856.76 2/17 2/19 Egypt ...... 825.72 ...... 825.72 2/19 2/22 Lebanon ...... 550.00 ...... 550.00 Commercial airfare ...... 11,919.51 ...... 11,919.51 Jessica Carroll ...... 2/14 2/16 Saudi Arabia ...... 856.76 ...... 856.76 2/17 2/19 Egypt ...... 825.72 ...... 825.72 2/19 2/22 Lebanon ...... 550.00 ...... 550.00 Commercial airfare ...... 11,919.51 ...... 11,919.51 Travel to Germany, Ukraine, Kuwait, Iraq, Ghana, Spain, Gibraltar, Mauritania—February 14–22, 2020 with CODEL Inhoft Hon. Trent Kelly ...... 2/14 2/15 Germany ...... 316.69 ...... 316.69 1/15 2/17 Kuwait ...... 513.26 ...... 513.26 2/17 2/18 Uganda ...... 255.00 ...... 255.00 2/18 2/19 Ghana ...... 327.00 ...... 327.00 2/19 2/19 Mauritania ...... 2/19 2/20 Spain ...... 231.52 ...... 231.52

Committee total ...... 39,545.78 ...... 143,116.47 ...... 182,662.25

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ADAM SMITH, Feb. 29, 2020.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2020

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ADAM SMITH, June 30, 2020.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ETHICS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2020

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. THEODORE E. DEUTCH, Sept. 8, 2020.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2020

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DEREK KILMER, Sept. 1, 2020.

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 8634 E:\CR\FM\A21SE7.059 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4639 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2020

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. DEREK KILMER, Sept. 1, 2020. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 451, the Don’t Break Up the T-Band Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 1418, the Competitive Health Insurance Reform Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 3349, the Republic of Texas Legation Memorial Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 3465, the Fallen Journalists Memorial Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5309, the CROWN Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 5322, the Ensuring Diversity in Community Banking Act, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5322

By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030

Statutory Pay-As-You-Go Impact ...... 0 5 2 647 457 277 2 2 2 3 ¥1,397 1388 0 Components may not sum to totals because of rounding.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5663, the Safeguarding Therapeutics Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 6100, the STOP FGM Act of 2020, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 6735, the COVID–19 Fraud Prevention Act, as amended, would have no significant effecth on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

EXECUTIVE COMMUNICATIONS, Defense Commissary Agency Privacy Act 0059] (RIN: 0790-AL02) received September 16, ETC. Program [Docket ID: DOD-2019-OS-0080] 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public (RIN: 0790-AK72) received September 16, 2020, Law 104-121, Sec. 251; (110 Stat. 868); to the Under clause 2 of rule XIV, executive pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Committee on Armed Services. communications were taken from the 104-121, Sec. 251; (110 Stat. 868); to the Com- 5333. A letter from the OSD FRLO, Office Speaker’s table and referred as follows: mittee on Armed Services. of the Secretary, Department of Defense, 5331. A letter from the OSD FRLO, Office 5329. A letter from the OSD FRLO, Office transmitting the Department’s interim final of the Secretary, Department of Defense, of the Secretary, Department of Defense, rule — TRICARE Coverage of Certain Med- transmitting the Department’s final rule — transmitting the Department’s final rule — ical Benefits in Response to the COVID-19 User Fees [Docket ID: DOD-2018-OS-0044] Sexual Assault Prevention and Response Pandemic [Docket ID: DOD-2020-HA-0050] Program Procedures [Docket ID: DoD-2019- (RIN: 0790-AK45) received September 16, 2020, (RIN: 0720-AB82) received September 16, 2020, OS-0084] (RIN: 0790-AK82) received September pursuant to 5 U.S.C. 801(a)(1)(A); Public Law pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 16, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); 104-121, Sec. 251; (110 Stat. 868); to the Com- 104-121, Sec. 251; (110 Stat. 868); to the Com- Public Law 104-121, Sec. 251; (110 Stat. 868); to mittee on Armed Services. mittee on Armed Services. the Committee on Armed Services. 5332. A letter from the OSD FRLO, Office 5330. A letter from the OSD FRLO, Office of the Secretary, Department of Defense, 5334. A letter from the OSD FRLO, Office of the Secretary, Department of Defense, transmitting the Department’s final rule — of the Secretary, Department of Defense, transmitting the Department’s final rule — Service Academies [Docket ID: DOD-2020-OS- transmitting the Department’s final rule —

VerDate Sep 11 2014 08:43 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.059 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4640 CONGRESSIONAL RECORD — HOUSE September 21, 2020 Collection From Third Party Payers of Rea- 5343. A letter from the Secretary, Depart- purposes; with an amendment (Rept. 116–527). sonable Charges for Healthcare Services ment of Education, transmitting the Depart- Referred to the Committee of the Whole [Docket ID: DOD-2016-HA-0107] (RIN: 0720- ment’s notice — Notice of the Rescission of House on the state of the Union. AB68] received September 16, 2020, pursuant Outdated Guidance Documents received Sep- Mr. MCGOVERN: Committee on Rules. to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, tember 17, 2020, pursuant to 5 U.S.C. House Resolution 1129. A resolution pro- Sec. 251; (110 Stat. 868); to the Committee on 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 viding for consideration of the bill (H.R. 4447) Armed Services. Stat. 868); to the Committee on Education to establish an energy storage and microgrid 5335. A letter from the OSD FRLO, Office and Labor. grant and technical assistance program; proof the Secretary, Department of Defense, 5344. A letter from the Secretary, Depart- viding for consideration of the bill (H.R. 6270) transmitting the Department’s final rule — ment of Education, transmitting the Depart- to amend the Securities Exchange Act of 1934 Sexual Assault Prevention and Response ment’s final rule — Direct Grant Programs, to require issuers to make certain disclo- (SAPR) Program [DOD-2008-OS-0124] (RIN: State-Administered Formula Grant Pro- sures relating to the Xinjiang Uyghur Au- 0790-AJ40) received September 17, 2020, pursu- grams, Non Discrimination on the Basis of tonomous Region, and for other purposes; ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Sex in Education Programs or Activities Re- and providing for consideration of the bill 121, Sec. 251; (110 Stat. 868); to the Committee ceiving Federal Financial Assistance, Devel- (H.R. 8319) making continuing appropriations on Armed Services. oping Hispanic-Serving Institutions Pro- for fiscal year 2021, and for other purposes 5336. A letter from the OSD FRLO, Office gram, Strengthening Institutions Program, (Rept. 116–528). Referred to the House Cal- of the Secretary, Department of Defense, Strengthening Historically Black Colleges endar. transmitting the Department’s final rule — and Universities Program, and Strength- DISCHARGE OF COMMITTEE Defense Federal Acquisition Regulation Sup- ening Historically Black Graduate Institu- plement: Definition of ‘‘Micro-Purchase Pursuant to clause 2 of rule XIII, the tion Program [Docket ID: ED-2019-OPE-0080] Committee on Energy and Commerce Threshold’’ (DFARS Case 2018-D056) [Docket (RIN: 1840-AD45) received September 17, 2020, DARS-2019-0068] (RIN: 0750-AK17) received pursuant to 5 U.S.C. 801(a)(1)(A); Public Law discharged from further consideration. September 17, 2020, pursuant to 5 U.S.C. 104-121, Sec. 251; (110 Stat. 868); to the Com- H.R. 3256. referred to the Committee of 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 mittee on Education and Labor. the Whole House on the state of the Stat. 868); to the Committee on Armed Serv- 5345. A letter from the Deputy Assistant Union. ices. General Counsel, Office of Special Education Pursuant to clause 2 of rule XIII, the 5337. A letter from the OSD FRLO, Office and Rehabilitative Services, Department of Committee on Education and Labor of the Secretary, Department of Defense, Education, transmitting the Department’s transmitting the Department’s final rule — discharged from further consideration. final priority and requirements — Technical H.R. 5309 referred to the Committee of Defense Federal Acquisition Regulation Sup- Assistance on State Data Collection-IDEA plement: Use of Defense Logistics Agency Data Management Center [Docket ID: ED- the Whole House on the state of the Energy as a Source of Fuel (DFARS Case 2019-OSERS-0025; Catalog of Federal Domes- Union. 2020-D003) [Docket: DARS-2020-0029] (RIN: tic Assistance (CFDA) Number: 84.373M.] re- Pursuant to clause 2 of rule XIII, the 0750-AK90) received September 17, 2020, pur- ceived September 17, 2020, pursuant to 5 Committees on Homeland Security and suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Armed Services discharged from fur- 121, Sec. 251; (110 Stat. 868); to the Committee 251; (110 Stat. 868); to the Committee on Edu- ther consideration. H.R. 5602 referred on Armed Services. cation and Labor. 5338. A letter from the OSD FRLO, Office to the Committee of the Whole House 5346. A letter from the Chairman, Surface on the state of the Union. of the Secretary, Department of Defense, Transportation Board, transmitting the transmitting the Department’s final rule — Board’s final rule — Waybill Sample Report- f Defense Federal Acquisition Regulation Sup- ing [EP 385 (Sub-No. 8)] received September plement: Repeal of DFARS Clause ‘‘Order- TIME LIMITATION OF REFERRED 17, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); BILL ing’’ (DFARS Case 2020-D024) [Docket: Public Law 104-121, Sec. 251; (110 Stat. 868); to DARS-2020-0028] (RIN: 0750-AL10) received the Committee on Transportation and Infra- Pursuant to clause 2 of rule XII, the September 17, 2020, pursuant to 5 U.S.C. structure. following action was taken by the 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Armed Serv- f Speaker: H.R. 2328. Referral to the Committee on ices. REPORTS OF COMMITTEES ON 5339. A letter from the Secretary, Securi- Transportation and Infrastructure extended ties and Exchange Commission, transmitting PUBLIC BILLS AND RESOLUTIONS for a period ending not later than November the Commission’s Major final rule — Amend- Under clause 2 of rule XIII, reports of 20, 2020. ing the ‘‘Accredited Investor’’ Definition committees were delivered to the Clerk f [Release Nos.: 33-10824; 34-89669; File No. S7- for printing and reference to the proper PUBLIC BILLS AND RESOLUTIONS 25-19] (RIN: 3235-AM19) received September calendar, as follows: 17, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 2 of rule XII, public Mr. PALLONE: Committee on Energy and Public Law 104-121, Sec. 251; (110 Stat. 868); to bills and resolutions of the following the Committee on Financial Services. Commerce. H.R. 2271. A bill to amend the 5340. A letter from the Secretary, Securi- Public Health Service Act to improve the titles were introduced and severally re- ties and Exchange Commission, transmitting health of children and help better under- ferred, as follows: the Commission’s final rule — Rescission of stand and enhance awareness about unex- By Mrs. LOWEY: Effective-Upon-Filing Procedure for NMS pected sudden death in early life; with an H.R. 8319. A bill making continuing appro- Plan Fee Amendments and Modified Proce- amendment (Rept. 116–524). Referred to the priations for fiscal year 2021, and for other dures for Proposed NMS Plans and Plan Committee of the Whole House on the state purposes; to the Committee on Appropria- Amendments [Release No.: 34-89618; File No.: of the Union. tions, and in addition to the Committee on S7-15-19] (RIN: 3235-AM56) received Sep- Mr. NADLER: Committee on the Judici- the Budget, for a period to be subsequently tember 17, 2020, pursuant to 5 U.S.C. ary. H.R. 5309. A bill to prohibit discrimina- determined by the Speaker, in each case for 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tion based on an individual’s texture or style consideration of such provisions as fall with- Stat. 868); to the Committee on Financial of hair; with an amendment (Rept. 116–525, in the jurisdiction of the committee con- Services. Pt. 1). Referred to the Committee of the cerned. 5341. A letter from the Secretary, Securi- Whole House on the state of the Union. By Mr. SABLAN: ties and Exchange Commission, transmitting Mr. NADLER: Committee on the Judici- H.R. 8320. A bill to require the Secretary of the Commission’s final rule — Modernization ary. H.R. 5602. A bill to authorize dedicated Labor to establish apprenticeships or ex- of Regulation S-K Items 101, 103, and 105 [Re- domestic terrorism offices within the De- panding opportunities through apprentice- lease Nos.: 33-10825; 34-89670; File No.: S7-11- partment of Homeland Security, the Depart- ships for outlying areas, and for other pur- 19] (RIN: 3235-AL78) received September 17, ment of Justice, and the Federal Bureau of poses; to the Committee on Education and 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public Investigation to analyze and monitor domes- Labor. Law 104-121, Sec. 251; (110 Stat. 868); to the tic terrorist activity and require the Federal By Ms. ADAMS: Committee on Financial Services. Government to take steps to prevent domes- H.R. 8321. A bill to promote diversity in the 5342. A letter from the Secretary, Securi- tic terrorism; with an amendment (Rept. 116– national apprenticeship system; to the Com- ties and Exchange Commission, transmitting 526, Pt. 1). Referred to the Committee of the mittee on Education and Labor. the Commission’s temporary final rule — Whole House on the state of the Union. By Mr. BALDERSON (for himself and Temporary Amendments to Regulation Mr. PALLONE: Committee on Energy and Ms. SHALALA): Crowdfunding; Extension [Release No.: 33- Commerce. H.R. 4996. A bill to amend title H.R. 8322. A bill to amend title XI of the 10829] received September 17, 2020, pursuant XIX of the Social Security Act to provide for Social Security Act to provide the Secretary to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, a State option under the Medicaid program of Health and Human Services with the au- Sec. 251; (110 Stat. 868); to the Committee on to provide for and extend continuous cov- thority to temporarily modify certain Medi- Financial Services. erage for certain individuals, and for other care requirements for hospice care during

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the COVID public health emergency; to the By Mr. POSEY (for himself, Mr. WEBER By Ms. VELA´ ZQUEZ (for herself, Mr. Committee on Ways and Means, and in addi- of Texas, Mr. GAETZ, Mr. SPANO, and CHABOT, Mr. CROW, Mrs. RADEWAGEN, tion to the Committee on Energy and Com- Mr. CLOUD): Mr. ESPAILLAT, Mr. BALDERSON, Mr. merce, for a period to be subsequently deter- H.R. 8331. A bill to provide a funding limi- GOLDEN, Mr. KEVIN HERN of Okla- mined by the Speaker, in each case for con- tation on funds appropriated under the homa, Mr. SCHNEIDER, Mr. SPANO, Mr. sideration of such provisions as fall within CARES Act; to the Committee on Foreign JOYCE of Pennsylvania, Ms. JUDY CHU the jurisdiction of the committee concerned. Affairs. of California, Mr. BISHOP of North By Mr. BRINDISI: By Mr. THOMPSON of Pennsylvania Carolina, Ms. FINKENAUER, Mr. H.R. 8323. A bill to require social media (for himself and Mr. EVANS, Ms. CRAIG, Ms. HOULAHAN, companies to establish an office dedicated to RESCHENTHALER): Mr. STAUBER, Ms. DAVIDS of Kansas, identifying and removing violent and gory H.R. 8332. A bill to amend the Energy Pol- Ms. NORTON, Mr. COHEN, Mr. SIRES, content that violates such company’s social icy Act of 2005 to reauthorize a program to Ms. WEXTON, Ms. PINGREE, Mr. CASE, media platform content moderation stand- address orphaned, abandoned, or idled wells Ms. BONAMICI, Mr. PETERSON, Mr. ards; to the Committee on Energy and Com- on Federal land, to establish a program to SMITH of Washington, Mr. PANETTA, merce. provide grants to States and Tribes to ad- Mr. FITZPATRICK, Mrs. LURIA, Mr. By Mr. BUDD (for himself and Ms. dress orphaned wells, and for other purposes; HORSFORD, and Mrs. FLETCHER): SCHAKOWSKY): to the Committee on Natural Resources. H. Res. 1134. A resolution expressing sup- H.R. 8324. A bill to provide for domestic By Mrs. DINGELL: port for the designation of September 22, sourcing of personal protective equipment, H. Res. 1128. A resolution expressing the 2020, to September 24, 2020, as ‘‘National and for other purposes; to the Committee on condolences of the House of Representatives Small Business Week‘‘ to honor the entrepre- Energy and Commerce, and in addition to on the death of the Honorable Ruth Bader neurial spirit and contributions of small the Committees on Armed Services, Vet- Ginsburg, Associate Justice of the Supreme businesses and entrepreneurs in the United erans’ Affairs, Homeland Security, Edu- Court of the United States; considered and States; to the Committee on Small Business. agreed to. considered and agreed to. cation and Labor, and Oversight and Reform, f for a period to be subsequently determined By Mr. CURTIS (for himself, Mr. by the Speaker, in each case for consider- LOWENTHAL, Mr. KILDEE, Mr. TONKO, CONSTITUTIONAL AUTHORITY ation of such provisions as fall within the ju- Mr. CUELLAR, Mr. PANETTA, Mr. STATEMENT KEATING, Mr. VARGAS, Mr. LARSEN of risdiction of the committee concerned. Pursuant to clause 7 of rule XII of Washington, Mr. COX of California, By Mr. RODNEY DAVIS of Illinois (for the Rules of the House of Representa- himself, Mr. COSTA, Mr. BACON, and Mr. LIPINSKI, Ms. MOORE, Mr. Ms. SPANBERGER): DEUTCH, Mr. RUSH, Mr. WELCH, Mr. tives, the following statements are sub- H.R. 8325. A bill to amend the Families O’HALLERAN, Mr. MCADAMS, Mr. mitted regarding the specific powers First Coronavirus Response Act to extend HARDER of California, Mr. KIND, Mr. granted to Congress in the Constitu- National School Lunch Program require- COSTA, Mr. TAKANO, Mr. BISHOP of tion to enact the accompanying bill or ment waivers addressing COVID-19, and for Georgia, Mr. PAPPAS, Mr. SWALWELL joint resolution. other purposes; to the Committee on Edu- of California, Mr. PETERS, Mrs. By Mrs. LOWEY: cation and Labor. HAYES, Ms. SHALALA, Mr. COHEN, Ms. H.R. 8319. By Ms. FINKENAUER (for herself and HAALAND, Ms. SCHAKOWSKY, Mr. Congress has the power to enact this legis- ´ Mr. HAGEDORN): CARDENAS, Mr. MICHAEL F. DOYLE of lation pursuant to the following: H.R. 8326. A bill to amend the Public Works Pennsylvania, Mr. SUOZZI, Ms. The principal constitutional authority for and Economic Development Act of 1965 to re- DEGETTE, Mr. CASE, Mrs. RODGERS of this legislation is clause 7 of section 9 of ar- quire eligible recipients of certain grants to Washington, Mr. REED, Mr. ticle I of the Constitution of the United develop a comprehensive economic develop- FITZPATRICK, Mr. GAETZ, Mr. AMODEI, States (the appropriation power), which ment strategy that directly or indirectly in- Mr. COOK, Mr. TIMMONS, Mr. TAYLOR, states: creases the accessibility of affordable, qual- Mr. WILSON of South Carolina, Mr. ‘‘No Money shall be drawn from the Treas- ity child care, and for other purposes; to the ROONEY of Florida, Mr. STIVERS, Mr. ury, but in Consequence of Appropriations Committee on Transportation and Infra- MARSHALL, Mr. BALDERSON, Mr. NOR- made by Law . . .’’ structure, and in addition to the Committee MAN, Mr. GALLAGHER, Mr. FULCHER, In addition, clause 1 of section 8 of article on Financial Services, for a period to be sub- Mr. RICE of South Carolina, Mr. I of the Constitution (the spending power) sequently determined by the Speaker, in SIMPSON, Mr. DIAZ-BALART, Mr. BUR- provides: each case for consideration of such provi- GESS, Ms. STEFANIK, Mr. GROTHMAN, ‘‘The Congress shall have the Power . . . to sions as fall within the jurisdiction of the Mr. MCKINLEY, Mr. TIPTON, Mr. pay the Debts and provide for the common committee concerned. LAHOOD, Mr. NEWHOUSE, Mr. Defence and general Welfare of the United By Mr. HAGEDORN (for himself and SCHWEIKERT, Mr. FORTENBERRY, Mr. States . . . ’’ Mr. CUELLAR): HUDSON, Mr. ZELDIN, Mr. MAST, Mr. Together, these specific constitutional pro- H.R. 8327. A bill to provide for the dissemi- KINZINGER, Mr. MCHENRY, Mr. STEIL, visions establish the congressional power of nation to farm and agricultural workers of Mr. BACON, Mr. FLEISCHMANN, Mr. the purse, granting Congress the authority information and training on best practices GRAVES of Louisiana, and Mr. JOHN- to appropriate funds, to determine their pur- used to respond to the COVID-19 pandemic, SON of South Dakota): pose, amount, and period of availability, and and for other purposes; to the Committee on H. Res. 1130. A resolution expressing sup- to set forth terms and conditions governing Agriculture. port for the designation of the week of Sep- their use. By Mr. HARDER of California: tember 21 through September 25, 2020, as By Mr. SABLAN: H.R. 8328. A bill to support the establish- ‘‘National Clean Energy Week‘‘; to the Com- H.R. 8320. ment of an apprenticeship college consor- mittee on Energy and Commerce. Congress has the power to enact this legis- tium; to the Committee on Education and By Mr. GOTTHEIMER: lation pursuant to the following: Labor. H. Res. 1131. A resolution condemning the Under Article 1, Section 8 of the Constitu- By Mr. MCCAUL: murder of Sara Duker and renouncing Pales- tion. H.R. 8329. A bill to eliminate or substan- tinian Authority martyr payments to terror- By Ms. ADAMS: tially reduce the global availability of crit- ists; to the Committee on Foreign Affairs, H.R. 8321. Congress has the power to enact this legis- ical technologies to United States arms em- and in addition to the Committee on the Ju- bargoed countries, and for other purposes; to lation pursuant to the following: diciary, for a period to be subsequently de- Article I, Section 8, clause 1 provides Con- the Committee on Foreign Affairs. termined by the Speaker, in each case for gress with the power to ‘‘lay and collect By Ms. PORTER (for herself, Ms. HER- consideration of such provisions as fall with- Taxes, Duties, Imposts and Excises’’ in order RERA BEUTLER, Mr. WELCH, Mr. COLE, in the jurisdiction of the committee con- to ‘‘provide for the . . . general Welfare of Mr. TRONE, Mr. VAN DREW, Mr. cerned. the United States.’’ CISNEROS, and Mr. FITZPATRICK): By Ms. NORTON: H.R. 8330. A bill to amend the Public By Mr. BALDERSON: H. Res. 1132. A resolution expressing sup- H.R. 8322. Health Service Act, the Employee Retire- port for the designation of September 2020 as Congress has the power to enact this legis- ment Income Security Act of 1974, and the ‘‘Peace Month’’ and calling on Congress to lation pursuant to the following: Internal Revenue Code of 1986 to provide for take action to promote peace; to the Com- Article I, Section 8, Clause 1 & Article I, certain health coverage of newborns; to the mittee on Oversight and Reform. Section 8, Clause 3 Committee on Energy and Commerce, and in By Mr. PETERSON (for himself, Mr. By Mr. BRINDISI: addition to the Committees on Education HAGEDORN, Ms. CRAIG, Mr. PHILLIPS, H.R. 8323. and Labor, and Ways and Means, for a period Ms. MCCOLLUM, Ms. OMAR, Mr. Congress has the power to enact this legis- to be subsequently determined by the Speak- EMMER, and Mr. STAUBER): lation pursuant to the following: er, in each case for consideration of such pro- H. Res. 1133. A resolution honoring the life Article I, Sec. 8, Clause 3 (Commerce visions as fall within the jurisdiction of the and legacy of Coya Knutson; to the Com- Clause); and Article I, Section 8, Clause 18 committee concerned. mittee on House Administration. (Necessary and Proper Clause).

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By Mr. BUDD: H.R. 2739: Mr. SIRES. H.R. 8003: Ms. JUDY CHU of California. H.R. 8324. H.R. 2816: Mrs. LEE of Nevada. H.R. 8053: Ms. HAALAND. Congress has the power to enact this legis- H.R. 2848: Mr. LEVIN of Michigan. H.R. 8054: Mr. RICE of South Carolina. lation pursuant to the following: H.R. 2850: Mr. FOSTER and Mr. SCOTT of H.R. 8075: Mrs. LURIA and Mr. FOSTER. Article I, Section 8 of the Constitution Virginia. H.R. 8094: Mr. CASE and Ms. DAVIDS of Kan- By Mr. RODNEY DAVIS of Illinois: H.R. 3131: Ms. UNDERWOOD, Mr. SWALWELL sas. H.R. 8325. of California, and Mr. TRONE. H.R. 8098: Mr. WESTERMAN. Congress has the power to enact this legis- H.R. 3228: Mr. GOTTHEIMER. H.R. 8099: Mr. PANETTA. lation pursuant to the following: H.R. 3316: Mr. STAUBER. H.R. 8117: Mr. TIFFANY. H.R. 3874: Mr. LYNCH and Ms. FRANKEL. Article I, Section 8, Clause 18 H.R. 8144: Mr. BROWN of Maryland. H.R. 3975: Ms. HAALAND. By Ms. FINKENAUER: H.R. 8145: Mr. BROWN of Maryland. H.R. 4554: Ms. LOFGREN. H.R. 8326. H.R. 8242: Ms. CLARKE of New York. H.R. 4681: Ms. KUSTER of New Hampshire. Congress has the power to enact this legis- H.R. 8256: Mr. YOHO, Mr. STEWART, Mr. H.R. 4701: Mrs. TORRES of California. lation pursuant to the following: OLSON, Mr. MARSHALL, Mr. BURGESS, and Mr. H.R. 4807: Mrs. HAYES. This bill is enacted pursuant to the power ESTES. granted to Congress under Article I, Section H.R. 4817: Mrs. LEE of Nevada. H.R. 4822: Miss RICE of New York. H.R. 8265: Mrs. WALORSKI, Mr. MARCHANT, 8, Clause 18 of the United States Constitu- Mr. PENCE, Mr. LATTA, Mr. BUCSHON, Mrs. tion. H.R. 4864: Mr. COHEN, Mr. DESAULNIER, Mr. LEVIN of California, Ms. FRANKEL, Mr. RODGERS of Washington, Mr. HAGEDORN, Mr. By Mr. HAGEDORN: AUSTIN SCOTT of Georgia, Mr. RUTHERFORD, H.R. 8327. CARBAJAL, and Ms. DELBENE. H.R. 5046: Mrs. HAYES. Mr. HIGGINS of Louisiana, Mr. GOODEN, and Congress has the power to enact this legis- H.R. 5081: Mr. SUOZZI. Mr. WALBERG. lation pursuant to the following: H.R. 5289: Mr. KEVIN HERN of Oklahoma. H.R. 8266: Mr. KHANNA and Mr. SWALWELL Under Article I, Section 8, the Necessary H.R. 5491: Mrs. LEE of Nevada. of California. and Proper Clause. Congress shall have H.R. 5605: Mr. SCHIFF, Mr. STEUBE, Mr. H.R. 8270: Mr. QUIGLEY, Mr. GONZALEZ of power to make all laws which shall be nec- HIMES, Ms. CASTOR of Florida, Mr. PANETTA, Ohio, Mr. FITZPATRICK, Mr. WEBER of Texas, essary and proper for carrying into Execu- Ms. STEFANIK, and Mrs. TRAHAN. Ms. CLARKE of New York, Mr. YOHO, Mr. FOS- tion the foregoing Powers and all Powers H.R. 5659: Mr. PHILLIPS. TER, and Mrs. BEATTY. vested by this Constitution in the Govern- H.R. 5664: Mr. GOTTHEIMER. H.R. 8286: Mrs. HARTZLER. ment of the United States, or any Depart- H.R. 5861: Mr. POCAN. H.R. 8294: Mr. HARDER of California. ment or Officer thereof. H.R. 6118: Ms. BLUNT ROCHESTER. H.R. 8295: Ms. ESHOO. By Mr. HARDER of California: H.R. 6142: Mr. RASKIN. H.R. 8313: Ms. VELA´ ZQUEZ, Mr. SWALWELL of H.R. 8328. H.R. 6210: Mr. CONNOLLY, Mr. HIMES, Ms. California, and Ms. JUDY CHU of California. Congress has the power to enact this legis- CLARKE of New York, Mr. PASCRELL, Mr. H.R. 8318: Ms. KENDRA S. HORN of Okla- lation pursuant to the following: HASTINGS, Ms. SHALALA, Mr. LIPINSKI, Ms. homa. U.S. Const. art. I, Sec 8 MOORE, Mr. HICE of Georgia, Ms. ESHOO, Miss H. Con. Res. 10: Mr. CASE. By Mr. MCCAUL: RICE of New York, Mr. KILDEE, Mrs. TRAHAN, H. Res. 114: Mr. POCAN. H.R. 8329. Mr. PERRY, Mr. HUFFMAN, Ms. STEVENS, and H. Res. 672: Mr. MEEKS. Congress has the power to enact this legis- Mr. CICILLINE. H. Res. 745: Mr. BROWN of Maryland. lation pursuant to the following: H.R. 6270: Ms. JACKSON LEE and Mr. GREEN Article I, section 8 of the Constitution of H. Res. 822: Ms. TITUS and Mr. KHANNA. of Texas. H. Res. 835: Ms. ESHOO. the United States H.R. 6559: Mr. DEUTCH. By Ms. PORTER: H. Res. 931: Mr. CHABOT. H.R. 6574: Mr. AGUILAR. H. Res. 1076: Ms. HAALAND. H.R. 8330. H.R. 6626: Ms. SEWELL of Alabama. H. Res. 1077: Mrs. MILLER. Congress has the power to enact this legis- H.R. 6703: Ms. LOFGREN. H. Res. 1078: Mr. KHANNA. lation pursuant to the following: H.R. 6718: Ms. DELAURO. H. Res. 1094: Mr. FITZPATRICK and Mrs. Article I, Section 8 of the United States H.R. 6829: Ms. CASTOR of Florida and Mr. LURIA. Constitution BERGMAN. H. Res. 1099: Ms. TITUS, Mr. KILDEE, Ms. By Mr. POSEY: H.R. 6956: Ms. KUSTER of New Hampshire. DEAN, Mr. THOMPSON of Mississippi, Mr. H.R. 8331. H.R. 7072: Mr. MCGOVERN. THOMPSON of California, Mr. CICILLINE, Mr. Congress has the power to enact this legis- H.R. 7125: Mr. AGUILAR. SOTO, and Mr. DANNY K. DAVIS of Illinois. lation pursuant to the following: H.R. 7155: Mr. AGUILAR. H. Res. 1103: Mr. THOMPSON of Mississippi. Article I, Section 8 H.R. 7157: Mr. AGUILAR. By Mr. THOMPSON of Pennsylvania: H.R. 7198: Mr. AGUILAR. H. Res. 1116: Mr. HIGGINS of Louisiana, Mrs. H.R. 8332. H.R. 7292: Mrs. KIRKPATRICK. RODGERS of Washington, Mr. AUSTIN SCOTT of Congress has the power to enact this legis- H.R. 7293: Mrs. NAPOLITANO and Ms. DEAN. Georgia, Mr. RUTHERFORD, Mr. BUCSHON, Mr. lation pursuant to the following: H.R. 7338: Mr. MCKINLEY and Mr. PENCE, Mr. CHABOT, and Mr. POSEY. Article IV, Section 3, clause 2 RESCHENTHALER. Article I, Section 8, clause 3 H.R. 7449: Mr. FOSTER. f Article I, Section 8, clause 18 H.R. 7483: Ms. HAALAND, Mr. CA´ RDENAS, Mr. f RUIZ, Mr. RUSH, Ms. KUSTER of New Hamp- shire, Mr. TED LIEU of California, and Miss CONGRESSIONAL EARMARKS, LIM- ADDITIONAL SPONSORS RICE of New York. ITED TAX BENEFITS, OR LIM- Under clause 7 of rule XII, sponsors H.R. 7515: Mr. KILMER and Mr. HECK. ITED TARIFF BENEFITS were added to public bills and resolu- H.R. 7525: Ms. HAALAND. Under clause 9 of rule XXI, lists or H.R. 7631: Mr. GOTTHEIMER. tions, as follows: H.R. 7642: Mr. AMODEI, Mr. LANGEVIN, Mr. statements on congressional earmarks, H.R. 40: Ms. DELAURO. MEEKS, Mr. KEATING, Ms. BASS, Miss RICE of limited tax benefits, or limited tariff H.R. 96: Mrs. HAYES. New York, Mr. SUOZZI, Mr. TED LIEU of Cali- benefits were submitted as follows: H.R. 444: Mr. PETERSON. fornia, Mr. RASKIN, Mr. HIMES, Ms. FUDGE, OFFERED BY MS. WATERS H.R. 616: Mr. NUNES. and Mr. MOULTON. H.R. 1108: Mr. HIMES, Mr. MORELLE, Mrs. H.R. 7673: Mr. CHABOT. The provisions that warranted a referral to TORRES of California, Ms. SCHAKOWSKY, Mr. H.R. 7679: Mr. KUSTOFF of Tennessee, Mr. the Committee on Financial Services in H.R. CRAWFORD, and Mr. SMITH of Missouri. GIANFORTE, Mr. GOODEN, Ms. STEFANIK, and 6270 do not contain any congressional ear- H.R. 1325: Mr. GOLDEN, Mr. MCKINLEY, Mr. Mr. ARMSTRONG. marks, limited tax benefits, or limited tariff STIVERS, Mr. GAETZ, and Mr. FLORES. H.R. 7700: Mrs. TRAHAN. benefits as defined in clause 9 of rule XXI. H.R. 1349: Mr. GOTTHEIMER. H.R. 7718: Ms. JACKSON LEE, Mr. COHEN, and OFFERED BY MRS. LOWEY H.R. 1450: Mr. HOYER, Mr. NEAL, and Ms. Ms. GARCIA of Texas. H.R. 8319, making continuing appropria- SHERRILL. H.R. 7734: Mr. BUDD. tions for fiscal year 2021, and for other pur- H.R. 1652: Mr. JOYCE of Ohio. H.R. 7777: Mrs. RADEWAGEN, Mr. CISNEROS, poses, does not contain any congressional H.R. 1769: Mr. TIFFANY. Mr. POSEY, Mr. DAVID SCOTT of Georgia, and earmark, limited tax benefits, or limited tar- H.R. 1923: Mr. MOULTON. Mr. RASKIN. iff benefits as defined in clause 9 of rule XXI. H.R. 1964: Mr. TIMMONS. H.R. 7839: Mr. SCHWEIKERT and Mr. CASE. FFERED Y R ARMUTH H.R. 2200: Mr. HARDER of California. H.R. 7854: Mr. GOTTHEIMER. O B M . Y H.R. 2415: Ms. SHALALA and Mr. EVANS. H.R. 7867: Ms. ESHOO. The provisions that warranted a referral to H.R. 2442: Ms. WILSON of Florida, Mr. H.R. 7868: Mr. MOOLENAAR. the Committee on the Budget in H.R. 8319 do MORELLE, Mr. GRIJALVA, and Mr. GARAMENDI. H.R. 7927: Mrs. HAYES. not contain any congressional earmarks, H.R. 2504: Mrs. DAVIS of California and Mr. H.R. 7947: Mr. BRENDAN F. BOYLE of Penn- limited tax benefits, or limited tariff bene- STEUBE. sylvania and Mr. REED. fits as defined in clause 9 of rule XXI.

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