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

Vol. 163 WASHINGTON, MONDAY, SEPTEMBER 11, 2017 No. 146 Senate The Senate met at 3 p.m. and was RECOGNITION OF THE MAJORITY We will never forget the thousands of called to order by the President pro LEADER innocent lives taken from us 16 years tempore (Mr. HATCH). The PRESIDING OFFICER (Mr. ago. We will never forget the heroism f YOUNG). The majority leader is recog- of our first responders and the compas- nized. sion of our neighbors, nor will we for- PRAYER f get the thousands of men and women The Chaplain, Dr. Barry C. Black, of- who have stood guard to protect us fered the following prayer: REMEMBERING SEPTEMBER 11 every day since. AND HURRICANE IRMA DIS- Let us pray. f Eternal God, our shelter and shield, ASTER RELIEF NATIONAL DEFENSE today we remember 9/11. As we recall Mr. MCCONNELL. Mr. President, AUTHORIZATION BILL the tragedy, infamy, and heroism of today we opened the Senate with a mo- that day, we better understand that ment of silence. We remember all those Mr. MCCONNELL. Mr. President, our freedom isn’t free. We remember how lost 16 years ago on September 11, 2001, servicemembers voluntarily put their the pain united us so that we knew we the day that changed our Nation in lives on the line to protect us, and, in were not hyphenated Americans but profound ways. return, we must keep our commit- one people. Infuse us in these conten- It wrenched our hearts with grief. It ments to them. Today we will begin de- tious times with a similar spirit of one- opened our eyes to cruel threats from bate on the National Defense Author- ness, inspiring us to work for the well- afar. But it could neither extinguish ization Act, the bill that allows Con- being of all people. the basic decency that unites us as a gress to authorize resources, capabili- Lord, we are grateful for the protec- people nor the common humanity that ties, and the pay and benefits our men tion You have provided us for the 16 defines us as a nation. and women need to perform their mis- years since that calamitous day. May It could not stop first responders sions. from rushing toward danger to save we continue to trust You to be our ref- For more than five decades, Congress others. It could not stop Americans uge for the future of this land we love. has acted every year to fulfill this re- from donating to strangers in need or Continue to use our lawmakers as in- sponsibility by passing the Defense au- volunteering their time to help. It struments of Your peace as they strive thorization bill. We will have our op- could not stop the people of our coun- to make justice roll down like waters portunity to do so again this week. try from being who they are: kind, car- This legislation, which was reported and righteousness like a mighty ing, compassionate. out of committee unanimously, will stream. It is the same spirit we see again in We pray in Your strong Name. Amen. response to Hurricane Harvey. It is the signal support for our servicemembers with more of the capabilities they need f same spirit that is giving hope to those in the path of Hurricane Irma. Al- to be successful against an array of PLEDGE OF ALLEGIANCE though the full extent of Irma’s impact threats all across the globe. The President pro tempore led the will not be known for some time, it is After years of failed defense policy Pledge of Allegiance, as follows: clear that this intense storm is causing under the previous administration, this I pledge allegiance to the Flag of the widespread damage, and it is clear that year’s NDAA will make significant and United States of America, and to the Repub- the recovery will require a massive un- necessary strides toward keeping lic for which it stands, one nation under God, dertaking. Our thoughts are with those America safer. It will do so by author- indivisible, with liberty and justice for all. in the areas affected by Irma. izing the beginning steps to rebuild our f We are again prepared to play our military, to invest in modernization, role in the recovery. Congress passed a and to restore readiness; by reforming MOMENT OF SILENCE IN REMEM- critical downpayment on disaster relief the Pentagon and reducing waste; by BRANCE OF THE LIVES LOST IN last week. If more assistance is re- restoring missile defense and respond- THE ATTACKS OF SEPTEMBER quired due to Irma, we are ready to do ing to cyber threats; and by reviving 11, 2001 what is needed. troop morale with a pay increase they The PRESIDENT pro tempore. Under What is most important, I think, is deserve and continued reform of the the previous order, the Senate will ob- the knowledge that the American peo- benefits that they and their families serve a moment of silence in remem- ple and our first responders will again rely on. brance of the lives lost in the attacks be there to reach out to do whatever is I think it is fair to say that no Sen- of September 11, 2001. needed to help. That is especially true ator understands the importance of (Moment of silence.) on a day like today. this legislation quite like Senator

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

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VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.000 S11SEPT1 S5086 CONGRESSIONAL RECORD — SENATE September 11, 2017 MCCAIN, the chairman of the Armed mon,’’ wrote Nancy Gibbs of Time Mag- we do each year. As usual, there are Services Committee. His commitment azine 3 days after the attack. ‘‘On Sept. hundreds of amendments that have al- to our Nation’s heroes is unfailing, 11, we valued heroism because it was ready been filed and a whole lot of which is why, amidst his own battles, everywhere.’’ tough issues to consider. We Democrats Chairman MCCAIN has returned to the Firefighters and police and union want to work in a constructive and Senate to manage this bill and see it workers searched, undaunted, through productive manner to process as many through passage. We are all proud to dust and smoke, through fire and ash, of these amendments as possible and have him with us now. for citizens who might still be alive, work through even the most difficult of As we begin considering this bipar- trapped in the rubble. Average Ameri- issues. tisan defense authorization, Members cans pulled the wounded to safety. I know that Chairman MCCAIN and from both sides will have opportunities Folks from coast to coast lined up for Ranking Member REED have an excel- to work with Senator MCCAIN and to blood drives and pooled their money for lent working relationship, as well as a offer amendments. Ultimately, we will donations. great deal of respect for one another. I keep working to find consensus so that I will never forget the picture of a hope they can build a strong managers’ we can pass this critical defense legis- man who owned a shoe store two package that will be acceptable to both lation without further delay. blocks north of the towers and was giv- sides. f ing out shoes to everyone because they I yield the floor. didn’t have theirs on as they rushed to I suggest the absence of a quorum. RECOGNITION OF THE MINORITY get out of the towers—just a small act The PRESIDING OFFICER. The LEADER of charity and selflessness. It was re- clerk will call the roll. The PRESIDING OFFICER. The peated over and over again because The legislative clerk proceeded to Democratic leader is recognized. those kinds of acts are deep in the call the roll. f American soul. f REMEMBERING SEPTEMBER 11 This morning I came from the 9/11 RESERVATION OF LEADER TIME Memorial in New York City. Where Mr. SCHUMER. Mr. President, 16 once there were mighty towers, now The PRESIDING OFFICER. Under years ago today, my city, our country, there are two deep scars in the Earth. the previous order, the leadership time changed forever. On September 11, 2001, But all around the memorial, New is reserved. our country was attacked; the World York City is alive and thriving. f Trade Center towers fell; the Pentagon In the days after, they wrote it off. CONCLUSION OF MORNING was in flames; and the smoke rising They said that no one would live south BUSINESS from an empty field in Pennsylvania of Canal or Chamber Street, companies The PRESIDING OFFICER. Morning reminded us that as cataclysmic as the would flee, and New York’s greatest business is closed. attack was, the conspirators had days were over. But we New Yorkers planned even greater destruction. are a tough breed. We rebuilt. We came f It was a day of fear and helplessness, back stronger. NATIONAL DEFENSE AUTHORIZA- of phones ringing endlessly—when they On this day, we should always re- TION ACT FOR FISCAL YEAR worked—husbands calling wives, wives member that beside our distinctive 2018—MOTION TO PROCEED calling husbands, folks in search of spirit of independence, resilience, and brothers, sisters, neighbors, and col- The PRESIDING OFFICER. Under uncommon heroism are essential parts the previous order, the Senate will re- leagues. of the American character. I will never forget the next day. sume consideration of the motion to I do have to say how proud I am of proceed to H.R. 2810, which the clerk President Bush provided a plane so my city. Downtown is bustling, and that Senator Clinton and I could fly will report. 50,000 people live there who didn’t live The legislative clerk read as follows: back to New York. The smell of death there before. Businesses have relo- Motion to proceed to Calendar No. 175, was in the air. Lined up outside before cated. It is a new ‘‘in’’ area. Bin laden you entered into the grounds where the H.R. 2810, a bill to authorize appropriations is gone. The evil men with him are for fiscal year 2018 for military activities of Twin Towers were, were hundreds of gone. We thrive. the Department of Defense, for military con- people with little signs with pictures: God bless America. struction, and for defense activities of the Have you seen my father Jim? Have f Department of Energy, to prescribe military you seen my daughter Mary? That will personnel strengths for such fiscal year, and stay with me forever. HURRICANE IRMA DISASTER for other purposes. More than 3,000 souls were taken RELIEF The PRESIDING OFFICER. The as- from us—a guy I had played basketball Mr. SCHUMER. Mr. President, as sistant Democratic leader. with in high school, a businessman who Hurricane Irma continues to buffet Mr. DURBIN. Mr. President, I ask had helped me on my way up, a fire- Florida, our thoughts and prayers are unanimous consent to speak as in fighter with whom I had done blood with the people of Florida and the rest morning business. drives. It was one of the bloodiest days of the Southeast that is in the storm’s The PRESIDING OFFICER. Without on American soil since the Civil War. path. The Democratic caucus and I objection, it is so ordered. On September 12, 2001, I called on stand ready to work with the majority Mr. DURBIN. Mr. President, when we Americans to wear the flag in a sign of leader and his caucus, members of the finish this period of morning business, solidarity. Every day since, I have administration, and officials in Florida which is open to speeches and state- worn this flag in remembrance of those to provide them with the resources and ments on many different topics, we will who were lost and those brave souls aid they need. then go to the Defense authorization who died rushing to the towers to find Just as we were able to speedily pass bill. Our process in the Senate is to au- those who still might be alive. God an aid package after Harvey, I expect thorize spending and then to appro- willing, I will wear it every day of my we will come together to support res- priate the money for the actual spend- life for the rest of my life. cue and recovery efforts in the wake of ing. Occasionally, those two things are September 11 was one of those before- Hurricane Irma and in some of the in sync, but many times they are not. and-after moments. Nothing has been other disasters, particularly the fires I am afraid that what we face today is the same since. We awakened to a new out west. uncertainty. manner of evil that had previously f Senator MCCAIN, who is the chairman been beyond our imagination. of the defense authorization com- But on this day, as we solemnly re- NATIONAL DEFENSE mittee, will bring his proposal to the member those who were taken from us, AUTHORIZATION BILL floor, but it is at a spending level that let us also remember what that day re- Mr. SCHUMER. Mr. President, this is not allowed by current law. The vealed about us. ‘‘On a normal day, we week we will begin consideration of the Budget Control Act will not allow Sen- value heroism because it is uncom- National Defense Authorization Act, as ator MCCAIN or the Senate to spend at

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.002 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5087 the level at which he wants to spend. I deported, and they are allowed to give 1 year of service, of their lives, as can make a good argument that the work. Then, 2 years later, it is renew- doctors in underserved communities in statutory level we are required to hold able. Over the years President Obama our State. They did it. Thirty-two of to is inadequate to our national de- had done that, 780,000 young people them signed up for it. I am very proud fense. If we are honest about taking signed up, went through the back- to say that the program has been a ter- care of the problem, we not only have ground check, and were approved under rific success in our State. They are just to pass this authorization bill, but we DACA. extraordinary, along with the other have to change the Budget Control Act Last week, President Trump, through students at the medical school. so that we can put more money into his Attorney General, announced that They are special people. They come our national defense. That debate will he was going to rescind the DACA Pro- from all over the world, and they are get started this week. It is near and gram. So the 780,000 young people have all in this similar predicament, but dear to Senator MCCAIN’s heart. He their futures in doubt. They do not until last week, they were protected by works hard on it each year with Sen- know which way they are going to DACA. What happens when you take ator JACK REED, a Democrat from turn. This creates serious problems, as away the DACA Executive order, which Rhode Island. you might imagine. The young people President Trump said he will do over There will be many amendments con- who are affected by it are affected emo- the next 6 months? There is a special sidered, I am sure, during the course of tionally—I would be, too—because they challenge here. After they finish 4 this week on Defense authorization. do not know what is going to happen years of medical school, these students DACA next. They do not know whether they apply for residencies, whereby they Mr. President, what I come to the are going to be allowed to stay in this pursue their specialties, whatever they floor to speak to as in morning busi- country, whether they will be deported might be. A residency is work experi- ness is not that issue; it is the issue of from this country, or whether they will ence for all of these medical students. DACA and the Dreamers. It was just 6 be able to work legally. They are wait- Through some university, they will be days ago that the announcement was ing for Congress to give the answer, working as residents at hospitals, made by Attorney General Jeff Ses- and the President says he is waiting for working long hours while pursuing sions that he was going to rescind the Congress to give the answer. their dreams of being doctors and spe- DACA Program. Last Friday, I went back to Chicago, cialists. A quick history. Sixteen years ago, I which I am honored to represent in the Here is the problem: With DACA’s introduced a bill called the DREAM Senate, and I visited Loyola Univer- being gone, they no longer have the Act. The DREAM Act was written to sity’s School of Medicine. It is known legal right to work in the United take care of young people who, by their as the Stritch School of Medicine. States. What does that mean? They parents, were brought to the United At the outset, let me say how proud cannot apply for residencies. This is States as infants and toddlers and I am to represent the city and espe- the end of it, the end of their medical young boys and girls and who grew up cially to represent Loyola University. education. It stops right there. What- in this country. They did not get into Here is what they did in their med- ever their ambitions might be, whether trouble with the law. They finished ical school when President Obama cre- it is surgery or psychiatry, they cannot school and always thought that they ated DACA. They said: We will open up go forward without DACA. were going to be Americans and that competition for our medical school to It really puts a burden on us in Con- they would use their education and include those who are protected by gress to decide what we are going to their skills to build lives in this coun- DACA. We will not give them special do, doesn’t it? Are we going to pass a try. However, because their parents ei- slots, and we will not give them a law that finally, once and for all, de- ther came here undocumented or did quota. They can compete with every- fines the legal status of these young not file the appropriate papers, these body else who wants to go to our med- people—not just for these medical stu- young people are literally without a ical school. dents but for hundreds of thousands of country. The country they grew up in Do you know what happened? At the others who are working? They are engi- does not accept them under the law. So end of the day, 32 of those DACA appli- neers. They are teachers. They are 16 years ago I introduced the DREAM cants scored so high that they were ac- working in so many different areas, Act and said: Let’s take care of this cepted at Loyola’s Stritch School of and they want to continue being part problem. These young people, as it was Medicine. They are now in 2 or 3 dif- of this country. through no fault of their own, should ferent years of classes. It is amazing. I am encouraged that we have a bi- be given a chance to stay in this coun- Many of them, from all over the United partisan response. My colleague Sen- try and be part of its future. States, grew up without having legal ator LINDSEY GRAHAM, a Republican I passed it in the Senate, and I have citizenship status and always dreamed from South Carolina, is my lead co- seen it passed in the House. We have of being doctors, but it was impossible. sponsor on this year’s version of the never quite been able to bring it to- They knew that no medical school Dream Act. We currently have three gether in any one year and have it pass would accept them. And Loyola said: other Republican Senators who have both Chambers, so it is not the law of We will accept you, and they got their joined as cosponsors from across the the land. Sixteen years ago, I intro- chance—32 of them. United States—Senator MURKOWSKI duced it, and it is still not the law of There is more to the story, as these from Alaska, Senator FLAKE from Ari- the land. young people do not qualify for any zona, and Senator GARDNER from Colo- In the meantime, Senator Obama, my government assistance from the Fed- rado. We hope others will join them. If colleague in the Senate, cosponsored eral Government. Because they are un- we get the critical 60 votes in the Sen- the DREAM Act and then got a pro- documented, they do not qualify for ate—60 sponsors or 60 who will pledge motion. As President of the United Pell grants, and they do not qualify for to vote for it—we can pass the Dream States, I asked him: Can you do some- Federal Government loans. Medical Act once and for all and take care of thing to protect these young people school is expensive. How are they going the concerns of the medical students I from being deported? to do it? They worked their way mentioned and so many others across He said that he would, so by Execu- through college, paying out of their this country. tive order, he created something own pockets. How are they going to I have come to the floor over the last known as DACA, the DACA Program, pay for medical school? Our State, the few years and told the stories of the by which young people come forward, State of Illinois, under Governor Pat Dreamers. I think these stories have turn themselves in, register with the Quinn and renewed under Governor created good impressions in people’s United States, pay a filing fee to cover Rauner, created a loan program for minds about who these young people all of the costs of the process, and go them from which they could borrow are and what they can do for the future through a criminal background check. money from the State. But there was a of the United States. I would like to do If they are approved and cleared, for 2 catch: For every year they borrowed that again today. years, they can stay in the United money to go to medical school at Loy- This is Harminder Saini. Harminder States without having the fear of being ola, they had to pledge that they would was 6 years old when his family moved

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.003 S11SEPT1 S5088 CONGRESSIONAL RECORD — SENATE September 11, 2017 to the United States from India. He the administration there—represented through this kind of security process. grew up in Queens in New York City. by the Presiding Officer—in the State But that is the reality of life in a world He was a typical American kid—played of Indiana. It is my understanding that that is dangerous, life in a world where sports and went to the park every day. they have some 68 DACA recipients at we want to protect innocent people Harminder’s dream was to serve his Notre Dame University. There is hard- from the 9/11s of the future that are country as a soldier in the U.S. Army. ly a university in this country that being plotted and planned by our en- In his words, he simply wanted to give doesn’t have DACA-eligible young peo- emies around the world. back. ple who are going to school there. Re- I think of those whose lives were lost Harminder was a born leader, and in member, they don’t qualify for any on 9/11. I think of those who risked high school, he was active in student Federal assistance for education, at all, their lives. I think of those whose lives government and was ultimately elected because they are in an undocumented will never be the same because of that class president. He first learned that he status, but they are working their way day. did not have legal immigration status through. They are borrowing the It is a reminder to all of us to thank when he was in high school and he money. They are working jobs to make God that we live in this great country, could not get a driver’s license. They sure that they reach a point where to remember our history well, to honor explained to him that he did not have they have a future. the men and women in the military, the necessary legal documentation to Now it is up to us. We have to decide and the men and women in law enforce- be in this country. He was brought here what we are going to do. Senator GRA- ment and in medicine, who stepped up as a kid and is growing up. He is now a HAM, my cosponsor of the Dream Act, that day in a heroic way, and to make student at Hunter College at the City said a week or so ago, when we intro- sure that we do everything in our gen- University of New York and is working duced the bill, that the moment of eration so that no future generation toward his bachelor’s degree in history. reckoning is coming. That moment is has a similar experience. Thanks to DACA, he is fulfilling his not only coming. It arrived last Tues- I yield the floor. dream. Last year, he was able to enlist day. I suggest the absence of a quorum. in the Army through the Military Ac- We need Republican leaders to join us The PRESIDING OFFICER. The cessions Vital to National Interest Pro- to help make the Dream Act the law of clerk will call the roll. gram, known as MAVNI. This photo is the land. Otherwise, what will happen The legislative clerk proceeded to from his enlistment ceremony. to these young people? call the roll. The MAVNI Program allows immi- As for this Senator, I have made this Mr. CORNYN. Mr. President, I ask grants with skills that are vital to our a major part of my public career. I feel unanimous consent that the order for national interests to enlist in the a special kinship with these young peo- the quorum call be rescinded. Armed Forces. More than 800 DACA re- ple. Yesterday was Mexican Independ- The PRESIDING OFFICER. Without cipients with these skills—the people ence Day in Chicago. What a parade objection, it is so ordered. whom I described earlier—have joined there was. It must have gone on for 2 HURRICANE IRMA America’s military. They really want miles. It felt like it. There were more Mr. CORNYN. Mr. President, as we to be part of our country. people than you could imagine coming saw yesterday, Mother Nature once Now, some Trump administration of- out with their families—people of again has crippled part of our Nation. ficials claim that DACA recipients are Mexican heritage who are now part of Hurricane Irma made landfall on Sun- taking away jobs from Americans. But Chicago, part of Illinois, and part of day, hitting the Lower Keys of Florida Harminder and hundreds just like him the United States. As I was marching and then moving up the State’s west- have skills that our military couldn’t down the street, there was a young ern coastline. Like Hurricane Harvey find in the general population they lady and a couple of her friends walk- in my home State of Texas, the devas- were recruiting from. Harminder, along ing next to me wearing princess tation in places like Marco Island and with many other Dreamers, is now crowns, and I started talking to them. Orange County means tough days and waiting to ship out for basic training. It turned out that two of the young long nights ahead for the residents He continues his undergraduate studies girls were born in the United States. there. and is working full time while waiting The third was born in Mexico, and she My prayers, like those of so many for a chance to volunteer to serve is a DACA recipient. She is going to others, go out to those who have been America in the military. impacted by this devastating storm, in- Harminder said: school. She thanked me for the DACA Program and said: I hope you can make cluding those who evacuated safely but All I want to do is serve. I want to do my will soon travel back to Florida, find- part to give back to this country because it it a reality again. allowed me to serve. We have that obligation. We have ing that everything they had is gone as Harminder and other Dreamers have that responsibility. We need to step up a result of the storm. As Irma continues to affect Florida so much to give to America, but with- with this broken immigration system and the southeastern United States, we out DACA—without the Dream Act— and make certain that, at the end of Harminder and hundreds of other im- the day, we have done everything in stand ready to support the people in migrants with skills that are really im- our power to give these young people those States just like so many did for portant to our national interests will like Harminder and hundreds of thou- us in Texas with Hurricane Harvey. have to leave the Army. They want sands just like him a chance to be part REMEMBERING SEPTEMBER 11 nothing more than to serve our coun- of America’s future. Mr. President, on another separate try. They are prepared to die for our REMEMBERING SEPTEMBER 11 note, as we all have seen and recall, country. What more can we ask? Mr. President, let me just close with today is the solemn anniversary of a But, instead, there are those who a brief statement. I listened to my col- day that has had an even more pro- would say that they should leave, that league and friend Senator SCHUMER found impact on our country than the they should be deported. One of the speak in very touching terms about recent storms. September 11 will al- President’s former staff advisers, in a this anniversary which we observe ways be remembered as the day that ‘‘60 Minutes’’ show last night, said today—the 16th anniversary of 9/11. I never quite goes away, the day that re- those exact words: They should just can recount where I was and what I re- mains a reminder of what can be taken leave. member, as I have before on the floor, from us in the blink of an eye. I don’t think America would be a but I will not. I will just say that it I have always said that it is etched in stronger country if Harminder left. I changed America in so many different my memory like only one other event don’t think our military would be ways. in my lifetime, and that was in 1963 stronger without his contribution and As I went through airport security with the assassination of President service to our country. He should be this morning at O’Hare, which I do John F. Kennedy. I remember where I part of America, and we can do some- every single week. I thought to myself was and what I was doing at that time thing about it. that 16 years ago it would have been when I first heard about it. Of course, A friend of mine recently went to the unthinkable that we would put pas- I remember exactly where I was and University of Notre Dame to visit with sengers—every single one of them— what I was doing when I learned of the

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.004 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5089 terrible events of 9/11. I was on the Authorization Act. If passed, this sage to Vladimir Putin and the Russian telephone talking to a colleague of would mark the 55th year it is signed Federation that America is no longer mine when my wife said: You need to into law. Later today, we will vote to in retreat, but America can be relied see what is happening on the tele- take up this legislation, and I hope my upon as a strong partner, and Amer- vision. I turned on the TV just in time colleagues will join me in supporting ica’s leadership role in world affairs to see the second plane hit the towers that vote. will be reestablished, will send a very in Manhattan. The Defense authorization bill en- important message of deterrence to the Yes, it was 16 years ago that 19 Is- sures that crucial Department of De- bullies, the tyrants, and the authori- lamic terrorists snuck into our country fense programs are continued and es- tarians around the world; to China, an- in defiance of our laws and attended tablishes how our military funds will other major threat to international se- flight schools in defiance of all pro- be spent. The version of the bill which curity and peace that is being so ag- priety. Sixteen years ago today, they has been reported out of committee gressive in not only developing arms hijacked four commercial planes full of helps reverse the readiness crisis cre- that allow it to project power to dif- innocent passengers and, at 8:46 a.m. on ated by the previous administration. In ferent parts of the Pacific and beyond Tuesday morning, flew the first one di- the words of my friend, our colleague but threatens maritime transit and rectly into one of the tallest buildings from Texas, MAC THORNBERRY, chair- safe travel through places like the in our largest city in the United man of the House Armed Services Com- Strait of Malacca, where so much States. mittee, ‘‘We have too few planes that international trade and national secu- Seventeen minutes later—the event, can fly, too few ships that can sail and rity travel occur. which my wife directed my attention too few soldiers who can deploy.’’ That Our colleagues in the House have to on the TV set—the second plane hit, sums up the situation exactly. passed their version of the Defense au- and shortly thereafter, flight 77 The Defense authorization bill exem- thorization, and now it is our job to get slammed into the western wall of the plifies our commitment to reverse this it done. By passing a strong defense Pentagon, and Flight 93 crashed in downward trend. I don’t know why it is bill and authorizing the sort of re- Pennsylvania. Thanks to the heroic ac- that America tries to cash the peace sources our military needs in order for tions of passengers on Flight 93, that dividend at every turn when we have America to maintain its leadership plane could have very well headed here no peace, but that is what has hap- role in the world and provide a credible to Washington and crashed into the pened. Although the hole the previous threat to deter aggression on the part Capitol, taking who knows how many administration placed us in is deep, of our adversaries, we will leave our lives along with it. this bill authorizes the funds necessary Nation and the world a safer place and As it was, 3,000 people were killed to begin restoring readiness, rebuilding that day, and afterward almost 300 mil- better off. It is one small way today capacity, and modernizing military in- lion U.S. citizens saw the world anew that we can honor the memory of those frastructure. through fresh eyes. The terrorists must we lost 16 years ago. I was recently at Sheppard Air Force I yield the floor. have thought they could bring our Na- Base in Wichita Falls, TX, the base I suggest the absence of a quorum. tion down, topple it as they did the which trains half of all Air Force pilots The PRESIDING OFFICER. The twin towers, but they badly miscalcu- in the country. They told me one of the clerk will call the roll. lated. They were wrong. An America biggest problems they have is recruit- The legislative clerk proceeded to shocked was an America strengthened. ing and retaining pilots for the U.S. call the roll. America is sometimes called the slum- Air Force. While people will accept Mrs. FISCHER. Madam President, I bering giant which, once awakened, is lower wages for military service be- ask unanimous consent that the order a fearsome thing to behold, and that is cause they believe in serving the coun- for the quorum call be rescinded. exactly what happened after 9/11. After try, if, because of cuts in funding for The PRESIDING OFFICER (Mrs. we all took many deep breaths and the Air Force and for the military, ERNST). Without objection, it is so or- thanked God for what was left, we they simply can’t fly like they need to dered. stood up and we fought back, united. We primarily did that through our in order to be ready for the next fight, REMEMBERING SEPTEMBER 11 AND RECOGNIZING STRATCOM military—the core of our national de- many of them get discouraged and are Mrs. FISCHER. Madam President, 16 fense—those who took the fight to al- tempted to go to work in the private years after the terrorist attacks of Qaida in places like Afghanistan but sector where they can earn more September 11, 2001, our Nation unites also all the rest who surrounded and money. So we need to make sure our supported our Armed Forces and intel- troops—all of our Armed Forces—have once again to honor the Americans ligence personnel every step of the the readiness capability, and we need killed on that horrific day. Our minds way. to fund that appropriately. are filled with the haunting images of Sixteen years later, we continue to This bill will authorize appropria- the burning towers, the crumbling confront new terrorist threats and ad- tions for personnel and equipment, in- structure of the Pentagon, and the just to new geopolitical realities. I re- cluding aircraft made in my home smoking field in Pennsylvania. That call the statement of the former Direc- State—the Osprey, made in Amarillo, dark day drastically changed the tor of National Intelligence, who said, TX, and the F–35 made in Fort Worth. course of our Nation, and we will al- after 50 years in the intelligence com- Finally, the Senate version will also ways remember where we were when munity, he had never seen a more di- authorize critical funding to increase we first heard the news that our coun- verse array of threats confronting maritime capacity as well. Back in the try was under attack. America than he did at that time, and 1980s, the Navy had about 600 ships; But 9/11 did not change who we are or nothing has changed in that respect, today, we have 277, less than half. It is the values we hold so dear. Amid the which is why today America must crucial that we procure ships, aircraft, heartbreak and devastation, our citi- maintain a sense of vigilance, a sense and munitions, continue to develop our zens showed abounding courage, kind- of purpose, and a sense of moral clarity new military technology on our exist- ness, and love of country. In New York regarding evil in all of its novel forms. ing platforms and in the evolving cyber City, Arlington, and the scarred field We must also ask if we are still domain, and reduce our shortfall in end in Shanksville, American flags were standing behind our Armed Forces the strength—that we do all of those placed atop the rubble as symbols of way we committed to do following the things. These steps will provide our determination in the face of evil. We terrible events of 9/11. We must make servicemembers with the training and will always remember the innocent sure our military servicemembers have equipment necessary to defeat ISIS, al- lives lost in the attacks, and we will everything they need because to do Qaida, and terrorist and state actors forever be grateful for the brave first otherwise is to shirk our duty and to that threaten the United States and responders who ran toward danger to forget how our national security is ul- our way of life. help those in need. timately achieved. Perhaps even more significant, in We should also remember the signifi- One way we uphold that responsi- terms of the threat to the United cant work of the men and women of the bility is through the National Defense States and world peace, sending a mes- U.S. Strategic Command in Nebraska

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.005 S11SEPT1 S5090 CONGRESSIONAL RECORD — SENATE September 11, 2017 during this national emergency. Today, The senior assistant legislative clerk tisanship and politics have triumphed I want to recognize and honor what proceeded to call the roll. over principle and policy. This legisla- happened at STRATCOM on 9/11. Mr. MCCAIN. Mr. President, I ask tion is an opportunity for us to reverse On that fateful day, STRATCOM’s unanimous consent that the order for that trend and restore regular order in staff at Offutt Air Force Base, along the quorum call be rescinded. the U.S. Senate. with military personnel at several The PRESIDING OFFICER (Mr. The need for this legislation is self- other U.S. bases, woke up expecting to MORAN). Without objection, it is so or- apparent to anyone who is paying at- strategize a response to a major attack dered. tention to today’s world. With global against the United States. Days ear- Mr. MCCAIN. Mr. President, I will ad- terrorist networks, increasing great lier, they had begun Global Guardian, dress the Senate on the issue of the Na- power competition with Russia and an annual training exercise performed tional Defense Authorization Act for China, malign Iranian influence that is by the U.S. Strategic Command, the Fiscal Year 2018. spreading across the Middle East, a Air Force Space Command, and The PRESIDING OFFICER. The Sen- North Korean dictator who is racing to NORAD. The main purpose of the exer- ator is recognized. acquire missiles that can hit the cise was to test the military’s com- Mr. MCCAIN. Mr. President, today, United States with nuclear weapons, mand and control procedures in the our Nation commemorates the 16th an- the threats to our national security event of nuclear warfare. niversary of the terrorist attacks that have not been more complex or Leaders at STRATCOM learned dur- took the lives of thousands of innocent daunting than at any time in the past ing breakfast that a plane had struck Americans. We all join in solemn re- seven decades. the World Trade Center. When the sec- membrance of the victims, and our We must also remember that we are ond plane hit shortly thereafter, they hearts go out to their families. a nation at war, with brave young men understood that this had not been an September 11 is a fitting day for the and women who are deployed in Af- accident. America was under attack. Senate to begin the consideration of ghanistan, Iraq, and around the world. The Global Guardian’s fictional exer- the Defense authorization bill. The an- The NDAA is legislation that will de- cise was quickly canceled, and the men niversary of those horrific terrorist at- liver to our Armed Forces the re- and women of STRATCOM responded tacks should serve as a reminder of the sources, equipment, and training they to the day’s events happening in the reason brave, young Americans are need to meet the increasingly complex real world. After the FAA ordered currently deployed around the world, challenges of today’s world, and it will every plane in the United States to be fighting on behalf of freedom. I urge begin the process of rebuilding our grounded, STRATCOM monitored the my colleagues to keep in mind the military after years of devastating de- landings of thousands of civilian air- meaning of this day throughout the fense cuts. craft. Using a screen on the wall of the consideration of this important legisla- Let me point out what happens as a command post, they worked to identify tion, which will provide our men and result of these mindless defense cuts, which planes had been hijacked, know- women in uniform the resources, equip- which every military leader has de- ing that finding these dangerous nee- ment, and support they need to keep scribed as devastating to our ability to dles in the haystack of America’s com- our Nation safe. defend this Nation. Let me just remind mercial airline industry could be the I would like to extend my apprecia- you of the hard truth. The state of our difference between safety and catas- tion to the majority leader for his will- military is eroding. We saw disturbing trophe. ingness to move expeditiously to the evidence of this reality over the sum- As the day unfolded, STRATCOM National Defense Authorization Act for mer as 42 servicemembers tragically leadership received a 30-minute notice Fiscal Year 2018 and for his leadership. perished in accidents during routine—I that the secure location the President I would also like to thank the Armed emphasize routine—training oper- would be using was going to be Offutt Services Committee ranking member, ations. Air Force Base. Nebraska was ready to the Senator from Rhode Island, for his On June 17, seven sailors were killed protect the President. hard work on the NDAA. I remain ap- when the USS Fitzgerald collided with a Escorted by two F–15 fighters, Air containership off the coast of Japan. Force One landed around 1:50 p.m. ADM preciative of the thoughtfulness and bi- Richard Mies, in charge of the Stra- partisan spirit with which he ap- On July 10, a Marine KC–130 crashed in tegic Command at the time, picked up proaches national security issues. Mississippi and killed all 16 troops on The fact is, the NDAA is a piece of President Bush in his car and drove to board. On August 21, 10 sailors perished legislation in which this body—Mem- STRATCOM’s underground command when the USS McCain collided with a bers on both sides of the aisle—can and post. STRATCOM staff quickly briefed tanker near Singapore. On August 25, should take enormous pride. Not only the President and established a secure an Army Black Hawk helicopter went does this legislation provide our men video link that allowed him to speak missing during a training mission off and women in uniform with the re- with the National Security Council and the coast of Yemen, and one soldier sources they need and deserve, but it is other senior officials. For 2 hours Ne- died. Just last week in Nevada, two Air a product of an open and bipartisan braska served as the center of Amer- Force A–10 aircraft crashed into each process that represents the best of the ica’s national defense before President other. Thank God the pilots were safe- U.S. Senate. Bush returned to Washington, and we ly ejected, but the planes were lost—at The Senate Armed Services Com- did it well. a cost of over $100 million. For the two Nebraska is honored to host the U.S. mittee passed the fiscal year 2018 Pacific Fleet naval collisions, ship re- Strategic Command Global Operations NDAA unanimously by a vote of 27 to 0. pairs are estimated to cost more than a Center, and we are proud of the excel- I repeat. The Defense authorization bill half a billion dollars. The lives lost in lent work they did during the attacks was passed by a unanimous vote of 27 each of these incidents were priceless. of 9/11 to protect our country. to 0. That means all 14 Republican Over the past 3 years, a total of 185 Year after year, this day is a re- members and the 13 Democratic mem- men and women in uniform have been minder of tragedy and tears, but we bers of the committee voted in favor of killed in noncombat accidents. During should also recall the strength and re- this legislation. During the markup, the same time, 44 servicemembers were solve of the citizens of the greatest the committee considered and adopted killed in combat. The bottom line is, country on Earth. Though the threats 277 amendments that were offered by we are killing more of our own people to our way of life have and will con- both Republicans and Democrats. in training than our enemies are in tinue to evolve, our enduring commit- Now we hope to consider the legisla- combat, and that did not happen by ac- ment to defending freedom will never tion under an open amendment process cident. It is a problem that is caused waver. on the floor, which will allow all Sen- by this mindless sequestration and a Thank you, Madam President. ators to have their voices heard. This lack, frankly, of appreciation by Mem- I yield the floor. process, which is exactly how legisla- bers of this body and the other one of I suggest the absence of a quorum. tion is supposed to make its way what the needs are of the men and The PRESIDING OFFICER. The through the Senate, has become dis- women who are serving. It is about clerk will call the roll. appointingly rare. For too long, par- time that we started listening to our

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.007 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5091 military leadership who are saying These are the reasons why this legis- Department of Energy, to prescribe that if we do not change what we are lation is more vital than ever. military personnel strengths for such doing in the next 5 years, our en- Congress’s most important constitu- fiscal year, and for other purposes, emies—our adversaries—will catch up tional responsibility is providing for shall be brought to a close? with us. the common defense. Consideration of The yeas and nays are mandatory This legislation authorizes a base de- the National Defense Authorization under the rule. fense budget that, together with the Act each year is one of the ways that The clerk will call the roll. administration’s request of $8 billion we live up to that duty. The bill clerk called the roll. for other defense activities, supports a I guess we are going to have cloture Mr. CORNYN. The following Senators total defense budget of $640 billion in on this bill. We don’t need it. We are necessarily absent: the Senator funding for the Department of Defense shouldn’t have to have it. We should from Arizona (Mr. FLAKE), the Senator and the national security programs of move immediately to this legislation. from South Carolina (Mr. GRAHAM), the the Department of Energy. The legisla- Those who want to impose blockades to Senator from Georgia (Mr. ISAKSON), tion also authorizes $60 billion for over- moving forward, to allowing other the Senator from Florida (Mr. RUBIO), seas contingency operations. In total, Members to have their amendments the Senator from South Carolina (Mr. the NDAA supports a national defense proposed and voted on, are doing the SCOTT), and the Senator from Alabama topline of $700 billion. men and women who are serving our (Mr. STRANGE). This funding is critical to begin ad- Nation a great disservice. The world is Further, if present and voting, the dressing the readiness shortfall and in more turmoil than it has been in 70 Senator from Florida (Mr. RUBIO) modernization crisis caused by the self- years. We cannot waste precious time would have voted ‘‘yea.’’ inflicted wounds of the Budget Control and effort because one Senator has one Mr. DURBIN. I announce that the Act, sequestration, and repeated con- amendment and he or she is then will- Senator from New Jersey (Mr. MENEN- tinuing resolutions. We need look no ing to block the whole process. Let’s DEZ) and the Senator from Florida (Mr. further than recent headlines, as I not do that this year. We can get NELSON) are necessarily absent. mentioned, of fatal incidents during around it. But what it does is deprive The PRESIDING OFFICER (Mr. routine training operations for evi- other Members of their ability to de- LANKFORD). Are there any other Sen- dence of the deteriorated state of our bate and have votes on their issues. ators in the Chamber desiring to vote? military. So I hope my colleagues, once we The yeas and nays resulted—yeas 89, These ship collisions and aviation ac- vote for cloture, will agree to move for- nays 3, as follows: cidents are taking the lives of our serv- ward with the bill. We can finish in the [Rollcall Vote No. 193 Leg.] icemembers at an alarming rate. In next couple of days, and we can give YEAS—89 fact, in the last 3 years, we have killed the American people and the men and Alexander Ernst Moran four times as many of our own soldiers women who defend this Nation a prod- Baldwin Feinstein Murkowski in peacetime training operations than uct we can be proud of. Barrasso Fischer Murphy our enemies have in combat. While I suggest the absence of a quorum. Bennet Franken Murray there is plenty of responsibility to go Blumenthal Gardner Perdue The PRESIDING OFFICER. The Blunt Gillibrand Peters around, we cannot ignore Congress’s clerk will call the roll. Booker Grassley Portman role. Years of budget cuts have forced The senior assistant legislative clerk Boozman Harris Reed Brown Hassan our military to try to do too much proceeded to call the roll. Risch Burr Hatch Roberts with too little. Mr. COTTON. Mr. President, I ask Cantwell Heinrich Rounds Meanwhile, our adversaries are in- Capito Heitkamp unanimous consent that the order for Sasse Cardin Heller vesting heavily in their own militaries, the quorum call be rescinded. Schatz Carper Hirono Schumer developing future warfare capabilities The PRESIDING OFFICER. Without Casey Hoeven intended to erode our military advan- objection, it is so ordered. Cassidy Inhofe Shaheen tage. Simply put, we cannot wait any Cochran Johnson Shelby CLOTURE MOTION Stabenow longer to recapitalize our forces and re- Collins Kaine Pursuant to rule XXII, the Chair lays Coons Kennedy Sullivan store our capabilities. before the Senate the pending cloture Corker King Tester Another important aspect of the Thune motion, which the clerk will state. Cornyn Klobuchar NDAA is that it builds on the reforms Cortez Masto Lankford Tillis The legislative clerk read as follows: this Congress has passed in recent Cotton Leahy Toomey CLOTURE MOTION Crapo Lee Udall years. By continuing important efforts Cruz Manchin Van Hollen to reorganize the Department of De- We, the undersigned Senators, in accord- Daines Markey Warner fense, spur innovation and defense ance with the provisions of rule XXII of the Donnelly McCain Warren Standing Rules of the Senate, do hereby Duckworth McCaskill Whitehouse technology, and improve defense acqui- move to bring to a close debate on the mo- Durbin McConnell Wicker sition and business operations, the tion to proceed to Calendar No. 175, H.R. Enzi Merkley Young NDAA seeks to strengthen account- 2810, an act to authorize appropriations for NAYS—3 ability and streamline the process of fiscal year 2018 for military activities of the getting our warfighters what they need Department of Defense, for military con- Paul Sanders Wyden to succeed. At the same time, it struction, and for defense activities of the NOT VOTING—8 prioritizes accountability from the De- Department of Energy, to prescribe military Flake Menendez Scott partment and demands the best use of personnel strengths for such fiscal year, and Graham Nelson Strange for other purposes. Isakson Rubio every taxpayer dollar. John McCain, David Perdue, Thom Tillis, The NDAA will also improve the Deb Fischer, Roy Blunt, Mike Rounds, The PRESIDING OFFICER. On this quality of life for our men and women Pat Roberts, John Boozman, Tom Cot- vote, the yeas are 89, the nays are 3. in uniform and those who support ton, Ben Sasse, Mike Crapo, Lindsey Three-fifths of the Senators duly cho- them. The legislation authorizes a 2.1- Graham, John Thune, John Cornyn, sen and sworn having voted in the af- percent pay raise for our troops. It im- Roger F. Wicker, Richard Burr, Mitch firmative, the motion is agreed to. proves military family readiness and McConnell. The PRESIDING OFFICER. The Sen- supports the civilians and contractors The PRESIDING OFFICER. By unan- ator from North Dakota. who work together with our Armed imous consent, the mandatory quorum CONGRATULATING MISS AMERICA 2018, CARA Forces to achieve the mission. call has been waived. MUND Finally, the NDAA provides nec- The question is, Is it the sense of the Mr. HOEVEN. Mr. President, I rise essary assistance for our allies and Senate that debate on the motion to today to honor the new Miss America. partners around the world who are proceed to H.R. 2810, an act to author- That is Cara Mund, a former intern in dedicated to advancing the cause of ize appropriations for fiscal year 2018 my office up until the end of last year. freedom, deterring the aggression of for military activities of the Depart- Last night she made history and be- our adversaries, and defeating the ment of Defense, for military construc- came the first Miss North Dakota to scourge of terrorism. tion, and for defense activities of the win the title of Miss America.

VerDate Sep 11 2014 02:05 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.008 S11SEPT1 S5092 CONGRESSIONAL RECORD — SENATE September 11, 2017 My wife Mikey and I were watching I suggest the absence of a quorum. Health Center; acquiring properties in the pageant on TV and cheering for The PRESIDING OFFICER. The the downtown redevelopment area for a Cara throughout the competition. We, clerk will call the roll. new city hall and fire station; and like North Dakotans across our State, The bill clerk proceeded to call the adopting a new general city plan. were very excited when she was roll. Ted had two great passions—aviation crowned Miss America. The amazing Mr. MCCONNELL. Mr. President, I and people. Both interests guided him thing is that she had actually tried ask unanimous consent that the order in his decisions throughout his life. He four times to win the Miss North Da- for the quorum call be rescinded. received a degree in aviation science at kota pageant. She won the Miss North The PRESIDING OFFICER. Without San Bernardino Valley College. As a Dakota pageant on her fourth try, and objection, it is so ordered. young man, he enlisted in the U.S. then she went on to win the Miss Mr. MCCONNELL. Mr. President, I Army and served in the Vietnam war America pageant. It is just an amazing ask unanimous consent that, notwith- flying a U–21 Ute transport aircraft in story of somebody who decided she standing rule XXII, Senator PAUL be the aviation division of the signal were going to accomplish a goal and given up to 4 hours of postcloture de- corps. After his military service, he did so. It is truly amazing and inspira- bate on the pending motion to proceed. continued his love of flying and ex- The PRESIDING OFFICER. Without tional to anyone who sets out to celled as an airline pilot for 30 years objection, it is so ordered. achieve something really worthwhile, for Western and later Delta Airlines, and it shows what determination can UNANIMOUS CONSENT AGREEMENT—EXECUTIVE serving as captain for much of that CALENDAR do. time. Mr. MCCONNELL. Mr. President, Cara is truly impressive, and we are On January 7, 2014, Eyre was sworn in so proud to have her representing notwithstanding the provisions of rule XXII, I ask unanimous consent that at as the mayor of Murray City, quickly North Dakota and, of course, now the endearing himself as a capable leader entire Nation as Miss America. Fol- 2:15 p.m. on Tuesday, September 12, the Senate proceed to executive session for who valued the input of all and who lowing graduation from Brown Univer- fought hard to prepare the community sity with a degree in business, entre- consideration of Calendar No. 110, the nomination of Kevin Hassett to be for the future. Mayor Eyre left an in- preneurship, and organizations, Cara delible imprint on the city he led and served as an intern here in my Wash- Chairman of the Council of Economic Advisers. I further ask that there be 20 the citizens he served. ington, DC, office. She did a tremen- Throughout his life, Eyre not only dous job. As I say, she was with us for minutes of debate on the nomination equally divided in the usual form; that distinguished himself as a talented half of last year. So she started about pilot, courageous soldier, and devoted midyear and finished up at the end of following the use or yielding back of time, the Senate vote on confirmation public servant, he also became a friend the year. Again, she did tremendous to all he came into contact with and work for us, and we are so appreciative with no intervening action or debate; that if confirmed, the motion to recon- was a beloved husband, father, and of having her with us. grandfather. I am grateful for the op- While only 23, she has a long history sider be considered made and laid upon the table; that the President be imme- portunity to pay tribute to a great of public and community service. For man, his life, and the example he the past 10 years, she has organized the diately notified of the Senate’s action and the Senate resume legislative ses- leaves behind. His influence will be felt annual Make-a-Wish fashion show, for generations to come. which has raised more than $78,500 to sion. (At the request of Mr. SCHUMER, the make dreams come true for more than The PRESIDING OFFICER. Without following statement was ordered to be 20 kids who have faced life-altering objection, it is so ordered. printed in the RECORD.) conditions. It is only fitting that after f spending so much of her life making MORNING BUSINESS f others’ dreams come true, Cara’s own Mr. MCCONNELL. Mr. President, I dreams were made a reality last night. ask unanimous consent that the Sen- VOTE EXPLANATION She is so well-deserving of the title, ate be in a period of morning business, and I know that continued service to with Senators permitted to speak ∑ Mr. MENENDEZ. Mr. President, I others and public service will be part of therein for up to 10 minutes each. was unavoidably absent for rollcall her life’s work. The PRESIDING OFFICER. Without vote No. 193, the motion to invoke clo- She is going on to law school at objection, it is so ordered. ture on the motion to proceed to H.R. Notre Dame after, of course, taking a f 2810, the National Defense Authoriza- year as Miss America and touring REMEMBERING DAVID ‘‘TED’’ tion Act for 2018. Had I been present, I around the country and doing what I ∑ EYRE would have voted yea. know will be a fabulous job as Miss America. Then she wants to go on to Mr. HATCH. Mr. President, today I f law school at Notre Dame, where she wish to pay tribute to one of Utah’s has already been accepted. great public servants, a loving hus- ARMS SALES NOTIFICATION I know she has a real interest in pub- band, father, and grandfather and a re- lic service and maybe even some day markable leader, David ‘‘Ted’’ Eyre. Mr. CORKER. Mr. President, section running for Governor or another elec- Sadly, Ted recently lost his battle with 36(b) of the Arms Export Control Act tive office. I have no doubt that what- cancer. He leaves behind a grieving requires that Congress receive prior no- ever she decides to do, she will be suc- community that he served for many tification of certain proposed arms cessful, and, more importantly, she years as mayor of Murray City. sales as defined by that statute. Upon will do a great job for others. She will Ted had a strong, yet kind demeanor such notification, the Congress has 30 do a great job for many other people. that inspired others to work hard and calendar days during which the sale She has such a good heart, and she is do what was best for their community. may be reviewed. The provision stipu- such a great young person—exactly the As mayor, he made a tremendous im- lates that, in the Senate, the notifica- kind of person that we need out there pact on the infrastructure and neigh- tion of proposed sales shall be sent to helping face the challenges we face as a borhoods of Murray City, a thriving the chairman of the Senate Foreign nation, setting a great example, and community tucked into the Salt Lake Relations Committee. doing things for so many others that Valley. In keeping with the committee’s in- makes such a difference in their lives. Ted was able to accomplish many im- tention to see that relevant informa- She is well-deserving of the title. She portant things for the local commu- tion is available to the full Senate, I represents our State so well, and we nity, including: improving Murray ask unanimous consent to have printed have no doubt that she will continue to Park, the heart of the city; acquiring in the RECORD the notifications which make us proud as Miss America. the historic Murray Theater, Murray have been received. If the cover letter Congratulations, again, to Miss Chapel, and Murray Mansion that will references a classified annex, then such America 2018, Cara Mund. She is fan- serve as gathering places for years to annex is available to all Senators in tastic. come; expanding Fashion Place Mall the office of the Foreign Relations I yield the floor. and the University of Utah Midvalley Committee, room SD–423.

VerDate Sep 11 2014 06:50 Sep 14, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD17\S11SE7.REC S11SE7 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5093 There being no objection, the mate- United States by helping to improve the se- places the TOW 2A warhead with a high ex- rial was ordered to be printed in the curity of a major Non-NATO ally, which has plosive blast-fragmentation warhead. This RECORD, as follows: been and continues to be an important secu- bulk charge warhead is effective against re- rity partner in the region. inforced concrete walls, light armored vehi- DEFENSE SECURITY The proposed sale of TOW 2A, TOW 2B, cles, and earth and timber bunkers. Guid- COOPERATION AGENCY, TOW BB missiles, and technical support will ance commands from the launcher are pro- Arlington, VA. advance Bahrain’s efforts to develop an inte- vided to the missile by an RF link contained Hon. BOB CORKER, grated ground defense capability. Bahrain within the missile case. The hardware, soft- Chairman, Committee on Foreign Relations, will use the capability as a deterrent to re- ware, and technical publications to be pro- U.S. Senate, Washington, DC. gional threats and to strengthen its home- vided with the sale are UNCLASSIFIED. The DEAR MR. CHAIRMAN: Pursuant to the re- land defense. This sale will also improve highest level of classified information re- porting requirements of Section 36(b)(1) of interoperability with United States and re- leased through the sale of the TOW 2B is SE- the Arms Export Control Act, as amended, gional allies. Bahrain will have no difficulty CRET. we are forwarding herewith Transmittal No. absorbing this equipment into its armed 4. If a technologically advanced adversary 16–35, concerning the Army’s proposed Let- forces. were to obtain knowledge of the specific ter(s) of Offer and Acceptance to the Govern- The proposed sale of this equipment and hardware and software elements of these ment of the Kingdom of Bahrain for defense support will not alter the basic military bal- variants, the information could be used to articles and services estimated to cost $27 ance in the region. develop countermeasures that might reduce million. After this letter is delivered to your The principal contractor will be Raytheon weapon system effectiveness or be used in office, we plan to issue a news release to no- Missile Systems, Tucson, Arizona. There are the development of a system with similar or tify the public of this proposed sale. no known offset agreements proposed in con- advanced capabilities. Sincerely, nection with this potential sale. 5. A determination has been made by the CHARLES W. HOOPER, Implementation of this proposed sale will U.S. Government that the Government of Lieutenant General, USA, Director. require the U.S. Government or contractor Bahrain can provide the same degree of pro- Enclosures. representatives to travel to Bahrain for mul- tection for the sensitive technology being re- 1. TRANSMITTAL NO. 16–35 tiple periods for equipment deprocessing/ leased as the U.S. Government. This sale is Notice of Proposed Issuance of Letter of fielding, system checkout and new equip- necessary in furtherance of the U.S. foreign Offer Pursuant to Section 36(b)(1) of the ment training. There will be no more than policy and national security objectives out- Arms Export Control Act, as amended two contractor personnel in Bahrain at any lined in the Policy Justification. one time and all efforts will take less than (i) Prospective Purchaser: The Kingdom of 6. All defense articles and services listed in two weeks in total. Bahrain. this transmittal have been authorized for re- There will be no adverse impact on U.S. de- (ii) Total Estimated Value: lease and export to the Government of Bah- fense readiness as a result of this proposed Major Defense Equipment* $21 million. rain. Other $6 million. sale. Total $27 million. TRANSMITTAL NO. 16–35 DEFENSE SECURITY (iii) Description and Quantity or Quan- Notice of Proposed Issuance of Letter of COOPERATION AGENCY, tities of Articles or Services under Consider- Offer Pursuant to Section 36(b)(1) of the Arlington, VA. ation for Purchase: Arms Export Control Act, as amended Hon. BOB CORKER, Chairman, Committee on Foreign Relations, Major Defense Equipment (MDE): Annex Item No vii One-hundred and seven (107) TOW 2A, U.S. Senate, Washington, DC. (vii) Sensitivity of Technology: DEAR MR. CHAIRMAN: Pursuant to the re- Radio Frequency (RF) Missiles (BGM–71–4B– 1. The Radio Frequency (RF) TOW 2A Mis- RF). porting requirements of Section 36(b)(1) of sile (BGM–71E–4B–RF) is a direct-attack mis- the Arms Export Control Act, as amended, Seventy-seven (77) TOW 2B Aero, RF Mis- sile designed to defeat armored vehicles, re- siles (BGM–71F–Series). we are forwarding herewith Transmittal No. inforced urban structures, field fortifications 16–59, concerning the Department of the Air Thirty-seven (37) TOW Bunker Buster (BB), and other such targets. TOW missiles are RF Missiles (BGM–71–Fl–RF). Force’s proposed Letter(s) of Offer and Ac- fired from a variety of TOW launchers used ceptance to the Government of Bahrain for Non-MDE: by the U.S. Army, U.S. Marine Corps, and This request also includes the following defense articles and services estimated to Foreign Military Sales (FMS) customers. Non-MDE: Government Technical Support/ cost $1.082 billion. After this letter is deliv- The TOW 2A RF missile can be launched Logistical Support, Contractor Technical ered to your office, we plan to issue a news from the same launcher platforms as the ex- Support, and other associated equipment and release to notify the public of this proposed isting wire-guided TOW 2A missile without services. sale. modification to the launcher. The TOW 2A (iv) Military Department: Army. Sincerely, missile (both wire & RF) contains two track- (v) Prior Related Cases, if any: None. CHARLES W. HOOPER, er beacons for the launcher to track and (vi) Sales Commission, Fee, etc. Paid, Of- Lieutenant General, USA, Director. guide the missile in flight. Guidance com- fered, or Agreed to be Paid: None. Enclosures. mands from the launcher are provided to the (vii) Sensitivity of Technology Contained TRANSMITTAL NO. 16–59 missile by a RF link contained within the in the Defense Article or Defense Services missile case. The hardware, software, and Notice of Proposed Issuance of Letter of Proposed to be Sold: See Attached Annex. technical publications to be provided with Offer Pursuant to Section 36(b)(1) of the (viii) Date Report Delivered to Congress: Arms Export Control Act, as amended September 8, 2017. the sale are UNCLASSIFIED. The highest level of classified information authorized for (i) Prospective Purchaser: Government of * As defined in Section 47(6) of the Arms Bahrain. Export Control Act. released through the sale of the TOW 2A is SECRET. (ii) Total Estimated Value: POLICY JUSTIFICATION 2. The RF TOW 2B Aero Missile (BGM–71 F– Major Defense Equipment* $406 million. Bahrain—TOW 2ARF Missile (BGM–71–4B– 3–RF) is a fly-over-shoot-down missile de- Other $676 million. RF), TOW 2B RF Missiles (BGM–71F–Se- signed to defeat armored vehicles. TOW mis- Total $1.082 billion. (iii) Description and Quantity or Quan- ries). TOW BB RF Missiles (BGM–71–F1 RF) siles are fired from a variety of TOW tities of Articles or Services under Consider- Launchers in the inventories of the U.S. The Government of Bahrain has requested: ation for Purchase: Army, the U.S. Marine Corps, and Foreign Major Defense Equipment (MDE): Major Defense Equipment (MDE): One-hundred and seven (107) TOW 2A, Military Sales (FMS) customers. The TOW Twenty-three (23) F–110–GE–129 engines Radio Frequency (RF) Missiles (BGM–71–4B– 2B Aero RF missile can be launched from the (includes 3 spares). RF). same launcher platforms as wire-guided TOW Twenty-three (23) APG–83 Active Elec- Seventy-seven (77) TOW 2B Aero, RF Mis- 2B and TOW 2B Aero missiles without modi- tronically Scanned Array Radars (includes 3 siles (BGM–71F–Series). fication to the launcher. The TOW 2B missile spares). Thirty-seven (37) TOW Bunker Buster (BB), (both wire-guided & RF) contains two track- Twenty-three (23) Modular Mission Com- RF Missiles (BGM–71–Fl–RF). er beacons for the launcher to track and puters (includes 3 spares). Non-MDE: guide the missile in flight. Guidance com- Twenty-three (23) Embedded Global Navi- The request also includes the following mands from the launcher are provided to the gation Systems/LN260 EGI (includes 3 Non-MDE: Government Technical Support/ missile by an RF link contained within the spares). Logistical Support, Contractor Technical missile case. The hardware and technical Forty (40) LAU–129 Launchers. Support, and other associated equipment and publications to be provided with the sale are Twenty-three (23) Improved Programmable services. UNCLASSIFIED. Software algorithms for Display Generators (iPDG). The estimated value of MDE is $21 million. the system are classified SECRET. The high- Twenty-five (25) AN/AAQ–33 SNIPER Pods The total overall estimated value is $27 mil- est level of classified information released (MDE Determination Pending). lion. through the sale of the TOW 2B is SECRET. Two (2) AIM–9X Sidewinder Missiles. This proposed sale will contribute to the 3. The RF TOW Bunker Buster (BB), BGM– Two (2) AGM–88B/C High-Speed Anti-Radi- foreign policy and national security of the 71–Fl–RF is a variant of the TOW 2A that re- ation Missiles (HARM).

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.087 S11SEPT1 S5094 CONGRESSIONAL RECORD — SENATE September 11, 2017

Two (2) WGU–43 Guidance Control Unit winder Missiles; two (2) AGM–88 High-speed TRANSMITTAL NO. 16–59 (GCU) (for GBU–24 Paveway III). Anti-Radiation Missiles (HARM); two (2) Notice of Proposed Issuance of Letter of Two (2) BSU–84 Air Foil Group (AFG) (for WGU–43 Guidance Control Unit (GBU) Guid- Offer Pursuant to Section 36(b)(1) of the GBU–24 Paveway III). ance Control Unit (GCU) (for GBU–24 Arms Export Control Act Paveway III; two (2) BSU–84 Air Foil Group Five (5) KMU–572 Joint Direct Attack Mu- Annex Item No. vii nition (JDAM) Tailkits (for GBU–38 JDAM (AFG) (for GBU–24 Paveway III); five (5) and GBH–54 Laser JDAMs). KMU–572 Joint Direct Attack Munition (vii) Sensitivity of Technology: Two (2) GBU–39 Small Diameter Bombs (JDAM) Tailkits (for GBU–38 JDAM and 1. This sale will involve the release of sen- (SDB) Guided Test Vehicles. GBU–54 Laser JDAM); two (2) GBU–39 Small sitive technology to Bahrain. The F–16V Two (2) AGM–84 Harpoon Missiles. Diameter Bombs (SDB) Guided Test Vehicles weapon system is UNCLASSIFIED, except as Three (3) MAU–210 ECCG (for GBU–50 En- (GTV); two (2) AGM–84 Harpoon Exercise noted below. The aircraft utilizes the F–16C/ hanced Paveway II). Missiles; three (3) MAU–210 ECCG (for GBU– D airframe and features advanced avionics Three (3) BLU–109 Inert Bomb Bodies. 50 Enhanced Paveway II); three (3) BLU–109 and systems. It contains the General Elec- Four (4) MK–82/BLU 111 Inert Bomb Bodies. Inert Bomb Bodies; four (4) MK–82/BLU–111 tric F–110–GE–129 engine, AN/APG–83 Active Two (2) FMU 152 or FMU 139 Fuzes. Inert Bomb Bodies; and two (2) GMU–152 or Electronically Scanned Array Radars , dig- Non-MDE includes: FMU–139 Fuzes. ital flight control system, internal and ex- One (1) Joint Mission Planning System, This sale also includes one (1) Joint Mis- ternal electronic warfare equipment, AN/ one (1) F–16V simulator, twenty (20) AN/ sion Planning System, one (1) F–16V simu- APX126 Advanced Identification Friend of ALQ–211 AIDEWS systems, one (1) avionics lator, twenty (20) AN/ALQ–211 AIDEWS Sys- Foe (AIFF), LN260 Embedded GPS/INS (EGI), level test station, six (6) DB–110 Advanced tems, one (1) avionics level test station, six Modular Mission Computers (MMC), im- Reconnaissance Systems, two (2) LAU–118A (6) DB–110 Advanced Reconnaissance Sys- proved Programmable Display Generators Launchers, forty-five (45) AN/ARC–238 tems, two (2) LAU–118A Launchers, forty-five (iPDG), AN/AAQ–33 SNIPER Pods, SINCGARS Radio or equivalent, twenty- (45) AN/ARC–238 SINCGARS Radio or equiva- Multifuncation Information Distribution three (23) AN/APX126 Advanced Identifica- lent, twenty-three (23) Advanced Identifica- System Joint Tactical Radio System (MIDS- tion Friend or Foe (AIFF) system or equiva- tion Friend or Foe (AIFF) systems or equiva- JTRS), operational flight trainer, and soft- lent; twenty-three (23) cryptographic appli- lent, twenty-three (23) cryptographic appli- ware computer programs. ques; two (2) CATM–9L/M, two (2) AIM–120C– ques, two (2) CATM–9L/M, two (2) AIM–120C– 2. Sensitive and/or classified (up to SE- 7 Advanced Medium Range Air-to-Air Missile 7 Advanced Medium Range Air-to-Air Missile CRET) elements of the proposed F–16V in- (AMRAAM) Captive Air Training Missiles (AMRAAM) Captive Air Training Missiles clude hardware, accessories, components, (CATM), three (3) MXU–651 AFG (for GBU–50 (CATM), three (3) MXU–651 AFG (for GBU–50 and associated software: AN/APX126 Ad- Enhanced Paveway II), four (4) DSU–38 Preci- vanced Identification Friend or Foe (AIFF), Enhanced Paveway II), four (4) DSU–38 Preci- sion Laser Guidance sets (PLGS) (for GBU–54 sion Laser Guidance Sets (PLGS) (for GBU– cryptographic appliques, Secure communica- Laser JDAM), four (4) AGM–154 Joint Stand- tion equipment, Joint Mission Planning Sys- 54 Laser JDAM), four (4) AGM–154 Joint Off Weapon (JSOW) Captive Flight Vehicles Standoff Weapon (JSOW) Captive Flight Ve- tem, F–16V Simulator, AN/ALQ–211 AIDEWS (CFV), three (3) MK–84/BLU–117 Inert Bomb Pods, Avionics Level Test Station, DB–110 hicles (CFV), three (3) MK–84/BLU 117 Inert Bodies, two (2) FMU–152 D–1 Inert Fuzes, Bomb Bodies, two (2) FMU–152 D–1 Inert Advanced Reconnaissance Systems, LAU– three (3) BRU–57 Bomb Racks, two (2) BRU– 118A Launchers, and F–110–GE–129 engine. Fuzes, three (3) BRU–57 Bomb Racks, two (2) 61 Bomb Racks for SDB, two (2) ADU–890 Additional sensitive areas include operating BRU–61 Bomb Racks for SDB, two (2) ADU– SDB adapter cable for CMBRE, two (2) ADU– manuals and maintenance technical orders 890 SDB adapter cable for CMBRE, two (2) 891 AMRAAM/AIM–9X adapter cable for containing performance information, oper- ADU–891 AMRAAM/AIM 9X adapter cable for CMBRE, Telemetry for all flight test assets ating and test procedures, and other infor- CMBRE, telemetry for all flight test assets, secure communication equipment, spares secure communications equipment, spares and repair parts, support equipment, per- mation related to support operations and re- and repair parts, support equipment, per- sonnel training and training equipment, pub- pair. The hardware, software, and data iden- sonnel training and training equipment, pub- lications and technical documentation, U.S. tified are classified to protect lications and technical documentation, U.S. Government and contractor technical sup- vulnerabilities, design and performance pa- Government and contractor technical sup- port services, containers, missile support and rameters and other similar critical informa- port services, containers, missile support and test equipment, integration test, site survey, tion. test equipment, integration test, site survey, design, construction studies/analyses/serv- 3. The AN/APG–83 is an Active Electroni- design, construction studies/analyses/serv- ices, associate operations, maintenance, cally Scanned Array (AESA) radar upgrade ices, cybersecurity, critical computer re- training, support facilities, cybersecurity, for the F–16. It includes higher processor sources support, force protection and other critical computer resources support, force power, higher transmission power, more sen- related elements of logistics and program protection, and other related elements of lo- sitive receiver electronics, infrared signature support. gistics and program support. The total esti- and Advanced Interference Blanker Units, (iv) Military Department: Air Force (X7–D– mated program cost is $1.082 billion. and Synthetic Aperture Radar (SAR), which QAU). This proposed sale will contribute to the creates higher-resolution ground maps from (v) Prior Related Cases, if any: foreign policy and national security of the a greater distance than existing mechani- FMS Case BA–D–SGA—$330.9 million—21 United States by helping to improve the se- cally scanned array radars (e.g., APG–68). Apr 87. curity of a major Non-NATO ally which has The upgrade features an increase in detec- FMS Case BA–D–SGG—$234.9 million—20 been and continues to be an important secu- tion range of air targets, increases in proc- Feb 98. rity partner in the region. Our mutual de- essing speed and memory, as well as signifi- (vi) Sales Commission, Fee, etc. Paid, Of- fense interests anchor our relationship and cant improvements in all modes. The highest fered, or Agreed to be Paid: None. the Royal Bahraini Air Force (RBAF) plays classification of the radar is SECRET. (vii) Sensitivity of Technology Contained a significant role in Bahrain’s defense. 4. AN/ALQ–211 Airborne Integrated Defen- in the Defense Articles or Defense Services The proposed sale improves Bahrain’s ca- sive Electronic Warfare Suite (AIDEWS) pro- pability to meet current and future threats. Proposed to be Sold: See Attached Annex. vides passive radar warning, wide spectrum Bahrain will use this capability as a deter- (viii) Date Report Delivered to Congress: RE jamming, and control and management rent to regional threats and to strengthen its September 8, 2017. of the entire Electronic Warfare (EW) sys- homeland defense. The upgraded F–16Vs will * As defined in Section 47(6) of the Arms tem. The commercially developed system provide an increase in the capability of ex- Export Control Act. software and hardware is UNCLASSIFIED. isting aircraft to sustain operations, meet The system is classified SECRET when load- POLICY JUSTIFICATION training requirements, and support transi- ed with a U.S. derived EW database, which Government of Bahrain—Upgrade of F–16 tion training for pilots to the upgraded air- will be provided. Block 40 Aircraft to F–16V Configuration craft. This upgrade will improve interoper- 5. AN/ARC–238 SINCGARS Radio or equiva- The Government of Bahrain requested to ability with U.S. forces and other regional lent is considered UNCLASSIFIED, but em- upgrade its existing twenty (20) F–16 Block allies. Bahrain will have no difficulty ab- ploys cryptographic technology that is clas- 40 aircraft to the F–16V configuration. The sorbing this upgrade into its armed forces. sified SECRET. Classified elements include The proposed sale will not affect the basic requested sale comprises of twenty-three (23) operating characteristics, parameters, tech- military balance in the region. F–110–GE–129 engines (includes 3 spares); The prime contractor will be Lockheed nical data, and keying material. twenty-three (23) APG–83 Active Electroni- Martin. There are no known offset agree- 6. AN/APX–126 Advanced Identification cally Scanned Array Radars (includes 3 ments proposed in connection with this po- Friend or Foe (AIFF) is a system capable of spares); twenty-three (23) Modular Mission tential sale. transmitting and interrogating Mode V and Computers (includes 3 spares); twenty-three Implementation of this proposed sale will is supported by cryptographic appliques. It is (23) Embedded Global Navigation Systems/ require the assignment of at least five (5) ad- UNCLASSIFIED unless/until Mode W and/or LN260 EGI (includes 3 spares); twenty-three ditional U.S. Government representatives to Mode V operational evaluator parameters (23) Improved Programmable Display Gen- Bahrain. are loaded into the equipment. Classified ele- erators (iPDGs) (includes 3 spares); forty (40) There will be no adverse impact on U.S. de- ments of the AIFF system include software LAU–129 launchers; twenty-five (25) AN/ fense readiness as a result of this proposed object code, operating characteristics, pa- AAQ–33 SNIPER Pods; two (2) AIM–9X Side- sale. rameters, and technical data are SECRET.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.089 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5095 7. The Embedded GPS-INS (EGI) LN–260 is documentation are classified up to SECRET. tions and/or laser guidance to execute threat a sensor that combines GPS and inertial sen- The overall system classification is SE- targets. The laser sensor enhances standard sor inputs to provide accurate location infor- CRET. JDAM’s reactive target capability by allow- mation for navigation and targeting. The The AIM–9X is launched from the aircraft ing rapid prosecution of fixed targets with EGI LN–260 is UNCLASSIFIED. The GPS using a LAU–129 guided missile launcher large initial target location errors (TLE). crypto variable keys needed for highest GPS (currently in country inventory). The LAU– The DSU–38/B Laser sensor also provides the accuracy are classified up to SECRET. 129 provides mechanical and electrical inter- additional capability to engage mobile tar- 8. The Modular Mission Computer (MMC) is face between missile and aircraft. The LAU– gets. The addition of the DSU–38 laser sensor the central computer for the F–16. As such it 129 system is UNCLASSIFIED. combined with additional cabling and serves as the hub for all aircraft subsystems, 15. AGM–88B/C HARM is an air-to-ground mounting hardware turns a GBU–38 JDAM avionics, and weapons. The hardware and missile designed to destroy or suppress into a GBU–54 Laser JDAM. The addition of software (Operational Flight Program—OFP) enemy radars used for air defense. HARM has the DSU–40 laser sensor combined with addi- are classified up to SECRET. wide frequency coverage, is target re- tional cabling and mounting hardware turns 9. An Improved Programmable Display programmable in flight, and has a re- a GBU–31 JDAM into a GBU–56 Laser JDAM. Generator (iPDG) will support the two color programmable threat library. Hardware and Weapons components are UNCLASSIFIED. MFD’s, allowing the pilot to set up to twelve software for the system is classified SECRET Technical data and countermeasures/ display programs. One of them includes a and ballistics data is CONFIDENTIAL. The vulnerabilities are SECRET. The overall sys- color Horizontal Situation Display, which overall system classification is SECRET. tem classification is SECRET. will be, provide the pilot with a God’s eye The AGM–88 is launched from the aircraft Laser JDAMs use the GPS PPS, which pro- view of the tactical situation. Inside is a using a LAU–118A guided missile launcher. vides for a more accurate capability than the 20MHz, 32-bit Intel 80960 Display Processor The LAU–118A provides mechanical and elec- commercial version of GPS. and a 256K battery-backed RAM system trical interface between missile and aircraft. 20. GBU–39 Small Diameter Bomb (SDB): memory. The color graphics controller is The LAU–118A system is UNCLASSIFIED. The GBU–39 small diameter bomb (SDB) is a based on the T.I. TMS34020 Raster Graphics 16. GBU–10/12: 2,000-lb (GBU–10) and 500-lb 250-lb class precision guided munition that Chipset. The IPDG also contains substantial (GBU–12) laser-guided bombs (LGBs). The allows aircraft with an ability to carry a growth capabilities including a high-speed LGB is a maneuverable, free-fall weapon that high number of bombs. The weapon offers Ethernet interface (10/100BaseT) and all the guides on laser energy reflected off of the day or night, adverse weather, precision en- hardware necessary to support digital mov- target. The LGB is delivered like a normal gagement capability against pre-planned ing maps. The digital map function can be general purpose warhead and the laser guid- fixed or stationary soft, non-hardened, and enabled by the addition of software. The ance guides the weapon into the target. hardened targets, with a significant standoff hardware and software are UNCLASSIFIED. Laser designation for the weapon can be pro- range. Aircraft are able to carry four SDBs 10. Joint Mission Planning System (JMPS) vided by a variety of laser target designa- in place of one 2,000-lb bomb. The SDB is is a multi-platform PC-based mission plan- tors. The LGB consists of a laser guidance equipped with a GPS-aided inertial naviga- ning system. JMPS hardware is UNCLASSI- kit, a computer control group and a warhead tion system to attack fixed, stationary tar- FIED, but the software is classified up to SE- specific air foil group, that attach to the gets such as fuel depots and bunkers. The CRET. nose and tail of Mk 84, Mk 82 bomb bodies. SDB and all of its components are UNCLAS- 11. DB–110 is a tactical airborne reconnais- a. The GBU–10: This is a 2,000lb (BLU–117 SIFIED; technical data is classified up to sance system. This capability permits recon- BB or Mk 84) General Purpose (GP) guided SECRET. naissance missions to be conducted from bomb fitted with the MXU–651 airfoil and the SDBs use the GPS PPS, which provides for very short range to long range by day or MAU–169 or MAU–209 computer control group a more accurate capability than the com- night. It is an under-the-weather, podded to guide to its laser designated target. mercial version of GPS. system that produces high resolution, dual- b. The GBU–12: This is a 500lb (BLU–111/B 21. The GBU–24 Paveway III is a 2000lb band electro-optical and infrared imagery. or Mk–82) guided bomb fitted with the MXU– class low level laser guided munition that The DB–110 system is UNCLASSIFIED. 650 airfoil and the MAU–169 or MAU 209 com- can be employed at high, medium, and low 12. The SNIPER (AN/AAQ–33) targeting puter control group to guide to its laser des- altitudes. GBU–24 components are UNCLAS- system is UNCLASSIFIED and contains ignated target. The weapon components are SIFIED. Target designation tactics and asso- technology representing the latest state-of- UNCLASSIFIED. Some technical data and ciated aircraft maneuvers, the probability of the-art in in electro-optical clarity and haze, vulnerabilities/countermeasures are SE- destroying specific/peculiar targets, and low light targeting capability. Informa- CRET. The overall weapons classification is vulnerabilities regarding countermeasures, tion on performance and inherent SECRET. and the electromagnetic environment is vulnerabilities is classified SECRET. Soft- 17. GBU–31 and GBU–38 are 2000lb/500lb classified SECRET. ware (object code) is classified CONFIDEN- Joint Direct Attack Munitions (JDAM) 22. The AGM–154 is a family of low-cost TIAL. Overall system classification is SE- JDAM is a guidance kit that converts exist- standoff weapons that are modular in design CRET. ing unguided free-fall bombs into precision- and incorporate either a sub-munition or a 13. The AIM–120C–7 Advanced Medium guided ‘‘smart’’ munitions. By adding a new unitary warhead. Potential targets for Joint Range Air-to-Air Missile (AMRAAM) Captive tail section containing Inertial Navigation Standoff Weapon (JSOW) range from soft Air Training Missiles (CATM) is a super- System (INS) guidance/Global Positioning targets, such as troop concentration, to sonic, air launched, aerial intercept, guided System (GPS) guidance to existing inven- hardened point targets like bunkers. The missile featuring digital technology and tories of BLU–109, BLU–111 and BLU–117 or AGM–154C is a penetrator weapon that car- micro-miniature solid-state electronics. The Mk–84 and Mk–82 bombs, the cost effective ries a BROACH warhead and pay load. The missile employs active radar target tacking, JDAM provides highly accurate weapon de- AGM–154 hardware, software and mainte- proportional navigation guidance, and active livery in any ‘‘flyable’’ weather. The INS, nance data is UNCLASSIFIED. Radio Frequency target detection. It can be using updates from the GPS, helps guide the Vulnerabilities and countermeasures are launched day or night, in any weather and bomb to the target via the use of movable classified up to SECRET. Overall system increases pilot survivability by allowing the tail fins. The JDAM and all of its compo- classification is SECRET. pilot to disengage after missile launch and nents are UNCLASSIFIED, technical data The AGM–154 uses the GPS PPS, which engage other targets. AMRAAM capabilities for JDAM is classified up to SECRET. provides for a more accurate capability than include lookdown/shootdown, multiple JDAMs use the Global Positioning System the commercial version of GPS. launches against multiple targets, resistance (GPS) Precise Positioning System (PPS), 23. The AGM–84L–1 Harpoon is a non-nu- to electronic countermeasures, and intercep- which provides for a more accurate capa- clear tactical weapon system currently in tion of high- and low-flying maneuvering bility than the commercial version of GPS. service in the U S. Navy and in 28 other for- targets. The AMRAAM AUR is classified 18. GBU–49 and GBU–50 are 500lb/2000lb dual eign nations. It provides a day, night, and CONFIDENTIAL, major components and mode laser and GPS guided munitions re- adverse weather, standoff air-to-surface ca- subsystems range from UNCLASSIFIED to spectively. The GBU–49/50 use airfoil groups pability. Harpoon Block II is a follow on to CONFIDENTIAL, and technical data and similar to those used on the GBU–12 and the Harpoon missile that is no longer in pro- other documentation are classified up to SE- GBU–10 for inflight maneuverability. Weap- duction. Harpoon Block II is an effective CRET. ons components are UNCLASSIFIED. Tech- Anti-Surface Warfare missile. 14. AIM–9X Sidewinder missile is an air-to- nical data and countermeasures/ The AGM–84L–1 incorporates components, air guided missile that employs a passive in- vulnerabilities are SECRET. The overall sys- software, and technical design information frared (IR) target acquisition system that tem classification is SECRET. that are considered sensitive. These ele- features digital technology and micro- mini- GBU–49/50s use the GPS PPS, which pro- ments are essential to the ability of the Har- ature solid-state electronics. The AIM–9X vides for a more accurate capability than the poon missile to selectively engage hostile tactical and CATM guidance units are sub- commercial version of GPS. targets under a wide range of operational, sets of the overall missile and were recently 19. GBU–54/56 are the 500lb/2000lb Laser tactical and environmental conditions. The designated as MDE. The AIM–9X is CON- JDAM (Joint Direct Attack Munitions): following Harpoon components being con- FIDENTIAL, Major components and sub- These weapons use the DSU–38/B/DSU–40 veyed by the proposed sale that are consid- systems range from UNCLASSIFIED to CON- laser Sensor respectively and use both Glob- ered sensitive and are classified CONFIDEN- FIDENTIAL, and technical data and other al Position System aided inertial naviga- TIAL include: IIR seeker, INS, OPP software

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.091 S11SEPT1 S5096 CONGRESSIONAL RECORD — SENATE September 11, 2017 and, missile operational characteristics and (iii) (U) Description and Quantity or Quan- test equipment, original equipment manu- performance data. The overall system classi- tities of Articles or Services under Consider- facturer integration and test, U.S. Govern- fication is SECRET. ation for Purchase: ment and contractor technical support and 24. M61Al 20mm Vulcan Cannon: The 20mm Major Defense Equipment (MDE): training services, site survey, design, con- Vulcan cannon is a six barreled automatic Nineteen (19) F–16V Aircraft. struction studies/analysis/services, associ- cannon chambered in 20x120mm with a cyclic Nineteen (19) M61 Vulcan 20mm Gun Sys- ated operations/maintenance/ training/sup- rate of fire from 2,500–6,000 shots per minute. tems. port facilities, cybersecurity, critical com- This weapon is a hydraulically powered air Twenty-two (22) F–16V F–110–GE–129 En- puter resources support, force protection and cooled Gatlin gun used to damage/destroy gines (includes 3 spares). other related elements of logistics and pro- aerial targets, suppress/incapacitate per- Twenty-two (22) APG–83 Active Electroni- gram support. The total estimated program sonnel targets, and damage or destroy mov- cally Scanned Array Radars (includes 3 cost is $2.785 billion. ing and stationary light materiel targets. spares). (U) This proposed sale will contribute to The M61Al and its components are UNCLAS- Twenty-two (22) Modular Mission Com- the foreign policy and national security of SIFIED. puters (includes 3 spares). the United States by helping to improve the 25. Software, hardware, and other data/in- Twenty-two (22) Embedded Global Naviga- security of a major Non-NATO ally, which formation, which is classified or sensitive, is tion Systems/LN260 EGI (includes 3 spares). has been and continues to be an important reviewed prior to release to protect system Twenty-two (22) Improved Programmable security partner in the region. Our mutual vulnerabilities, design data, and performance Display Generators (iPDG) (includes 3 defense interests anchor our relationship and the Royal Bahraini Air Force (RBAF) plays parameters. Some end-item hardware, soft- spares). a significant role in Bahrain’s defense. ware, and other data identified above are Thirty-eight (38) LAU–129 Launchers. Non-MDE include: Nineteen (19) AN/ALQ– (U) The proposed sale improves Bahrain’s classified at the CONFIDENTIAL and SE- capability to meet current and future CRET level. Potential compromise of these 211 AIDEWS Systems, thirty-eight (38) LAU– 118A Launchers, forty-two (42) AN/ARC–238 threats. Bahrain will use the capability as a systems is controlled through management deterrent to regional threats and to SINCGARS Radio or equivalent, twenty-two of the basic software programs of highly sen- strengthen its homeland defense. This pur- (22) AN/APX–126 Advanced Identification sitive systems and software-controlled weap- chase of F–16Vs will improve interoperability Friend or Foe (AIFF) system or equivalent, on systems on a case-by-case basis. with United States and other regional allies. twenty-two (22) cryptographic appliques, se- 26. If a technologically advanced adversary Bahrain employs 20 older F–16 Block 40s and were to obtain knowledge of the specific cure communication equipment, spares and will have no difficulty absorbing these air- hardware or software source code in this pro- repair parts, personnel training and training craft into its armed forces. posed sale, the information could be used to equipment, simulators, publications and (U) The proposed sale of these aircraft will develop countermeasures which might re- technical documentation, U.S. Government not alter the basic military balance in the duce weapon system effectiveness or be used and contractor technical support services, region. in the development of systems with similar containers, missile support and test equip- (U) The prime contractor will be Lockheed or advance capabilities. ment, original equipment manufacturer inte- Martin. There are no know offset agreements 27. This sale is necessary in furtherance of gration and test, U.S. Government and con- proposed in connection with this potential the U.S. foreign policy and national security tractor technical support and training serv- sale. objectives outlined in the Policy Justifica- ices, site survey, design, construction stud- (U) Implementation of this proposed sale tion. Moreover, the benefits to be derived ies/analysis/services, associated operations/ will require the assignment of at least ten from this sale, as outlined in the Policy Jus- maintenance/training/support facilities, cy- (10) additional U.S. Government representa- tification, outweigh the potential damage bersecurity, critical computer resources sup- tives and approximately seventy-five (75) that could result if the sensitive technology port, force protection and other related ele- contractor representatives to Bahrain. were revealed to unauthorized persons. ments of logistics and program support. (U) There will be no adverse impact on U.S. 28. A determination has been made that (iv) (U) Military Department: Air Force defense readiness as aresult of this proposed the recipient country can provide substan- (X7–D–SAB) sale. tially the same degree of protection for the (v) (U) Prior Related Cases, if any: FMS TRANSMITTAL NO. 16–60 sensitive technology being released as the Case BA–D–SGA—$330,927,474—21 Apr 87; Notice of Proposed Issuance of Letter of U.S. Government. FMS Case BA–D–SGG—$234,879,152—20 Feb Offer Pursuant to Section 36(b)(1) of the 29. This sale is necessary in furtherance of 98. Arms Export Control Act the U.S. foreign policy and national security (vi) (U) Sales Commission. Fee, etc.. Paid, Annex Item No. vii objectives outlined in the Policy Justifica- Offered, or Agreed to be Paid: None. (vii) Sensitivity of Technology: tion. (vii) (U) Sensitivity of Technology Con- 1. (U) This sale involves the release of sen- 30. All defense articles and services listed tained in the Defense Article or Defense sitive technology to Bahrain. The F–16C/D in this transmittal are authorized for release Services Proposed to be Sold: See Annex At- Block V weapon system is unclassified, ex- and export to the Government of Bahrain. tached. cept as noted below. The aircraft uses the F– (viii) (U) Date Report Delivered to Con- 16 airframe and features advanced avionics DEFENSE SECURITY gress: September 8, 2017. and systems. It contains the General Elec- COOPERATION AGENCY, * As defined in Section 47(6) of the Arms tric F–110–129 engine, AN/APG–83 radar, dig- Arlington, VA. Export Control Act. ital flight control system, internal and ex- Hon. BOB CORKER, POLICY JUSTIFICATION ternal electronic warfare (EW) equipment, Chairman, Committee on Foreign Relations, (U) Government of Bahrain—F–16V Aircraft Advanced Identification Friend or Foe U.S. Senate, Washington, DC. with Support (AIFF), operational flight trainer, and soft- DEAR MR. CHAIRMAN: Pursuant to the re- ware computer programs. (U) The Government of Bahrain has re- porting requirements of Section 36(b)(1) of 2. (U) Sensitive or classified (up to SE- quested a possible sale of nineteen (19) F–16V the Arms Export Control Act, as amended, CRET) elements of the proposed F–16V in- Aircraft; nineteen (19) M61 Vulcan 20mm Gun we are forwarding herewith Transmittal No. clude hardware, accessories, components, Systems; twenty-two (22) F–16V F110–GE–129 16–60, concerning the Department of the Air and associated software: AN/APG–83 AESA Engines (includes 3 spares); twenty-two (22) Force’s proposed Letter(s) of Offer and Ac- Radars, Modular Mission Computers, Ad- APG–83 Active Electronically Scanned Array ceptance to the Government of Bahrain for vanced Identification Friend or Foe (AIFF), Radars (includes 3 spares); twenty-two (22) defense articles and services estimated to cryptographic appliques, Embedded Global Modular Mission Computers (includes 3 cost $2.785 billion. After this letter is deliv- Positioning System/Inertial Navigation Sys- spares); twenty-two (22) Embedded Global ered to your office, we plan to issue a news tem, Modular Mission Computer (MMC), AN/ Navigation Systems/LN260 EGI (includes 3 release to notify the public of this proposed ALQ–21l AIDEWS Systems, LAU–129 Launch- spares); twenty-two (22) Improved Program- sale. ers, Modular Mission Computers, and Im- mable Display Generators (iPDG) (includes 3 Sincerely, proved Programmable Display Generators spares); and thirty-eight (38) LAU–129 CHARLES W. HOOPER, (iPDGs). Additional sensitive areas include Launchers. This sale also includes nineteen Lieutenant General, USA, Director. operating manuals and maintenance tech- Enclosures. (19) AN/ALQ–211 AIDEWS Systems, thirty- nical orders containing performance infor- eight (38) LAU–118A Launchers, forty-two mation, operating and test procedures, and TRANSMITTAL NO. 16–60 (42) AN/ARC–238 SINCGARS Radio or equiva- other information related to support oper- Notice of Proposed Issuance of Letter of lent, twenty-two (22) AN/APX–126 Advanced ations and repair. The hardware, software, Offer Pursuant to Section 36(b)(1) of the Identification Friend or Foe (AIFF) system and data identified are classified to protect Arms Export Control Act, as amended or equivalent, twenty-two (22) cryptographic vulnerabilities, design and performance pa- (i) (U) Prospective Purchaser: Government appliques, secure communication equipment, rameters and other similar critical informa- of Bahrain. spares and repair parts, personnel training tion. (ii) (U) Total Estimated Value: and training equipment, simulators, publica- 3. (U) The AN/APG–83 is an Active Elec- Major Defense Equipment * $2.095 billion. tions and technical documentation, U.S. tronically Scanned Array (AESA) radar up- Other $0.690 billion. Government and contractor technical sup- grade for the F–16V. It includes higher proc- Total $2.785 billion. port services, containers, missile support and essor power, higher transmission power,

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.092 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5097 more sensitive receiver electronics, and syn- sitive, is reviewed prior to release to protect (vi) Sales Commission, Fee. etc., Paid, Of- thetic aperture radar (SAR), which creates system vulnerabilities, design data, and per- fered. or Agreed to be Paid: None. higher-resolution ground maps from a great- formance parameters. Some end-item hard- (vii) Sensitivity of Technology Contained er distance than existing mechanically ware, software, and other data identified in the Defense Article or Defense Services scanned array radars (e.g., APG–68). The up- above are classified at the CONFIDENTIAL Proposed to be Sold: None. grade features an increase in detection range and SECRET level. Potential compromise of (viii) Date Report Delivered to Congress: of air targets, increases in processing speed these systems is controlled through manage- September 8, 2017. and memory, as well as significant improve- ment of the basic software programs of high- * as defined in Section 47(6) of the Arms Ex- ments in all modes. The highest classifica- ly sensitive systems and software-controlled port Control Act. tion of the radar is SECRET. weapon systems on a case-by-case basis. POLICY JUSTIFICATION 4. (U) AN/ALQ–211 Airborne Integrated De- 13. (U) If a technologically advanced adver- Bahrain—35 Meter Fast Patrol Boats fensive Electronic Warfare Suite (AIDEWS) sary were to obtain knowledge of the specific Bahrain has requested the purchase of two System provides passive radar warning, wide hardware or software source code in this pro- (2) 35 meter Fast Patrol Boats, each equipped spectrum RF jamming, and control and man- posed sale, the information could be used to with one (1) MK38 Mod 3 25mm gun weapon agement of the entire EW system. Commer- develop countermeasures which might re- system and one (1) SeaFLIR 380 HD Forward cially developed system software and hard- duce weapon system effectiveness or be used Looking Infra-Red (FLIR) device. Addition- ware is UNCLASSIFIED. The system is clas- in the development of systems with similar ally, Bahrain has requested communication sified SECRET when loaded with a U.S. de- or advance capabilities. rived EW database, which will be provided. 14. (U) This sale is necessary in furtherance equipment; support equipment; spare and re- 5. (U) The secure voice communications of the U.S. foreign policy and national secu- pair parts; tools and test equipment; tech- radio system is considered unclassified, but rity objectives outlined in the Policy Jus- nical data and publications; personnel train- may employ cryptographic technology that tification. Moreover, the benefits to be de- ing; U.S. government and contractor engi- is classified SECRET. Classified elements in- rived from this sale, as outlined in the Pol- neering, technical, and logistics support clude operating characteristics, parameters, icy Justification, outweigh the potential services; and other related elements of logis- technical data, and keying material. damage that could result if the sensitive tics and program support. The total esti- 6. (U) An Advanced Identification Friend or technology were revealed to unauthorized mated cost is $60.25 million. This proposed sale will contribute to the Foe (AIFF) is a system capable of transmit- persons. ting and interrogating Mode V. It is UN- 15. (U) A determination has been made that foreign policy and national security of the CLASSIFIED unless Mode IV or Mode V the recipient country can provide substan- United States by helping to improve the se- operational evaluator parameters are loaded tially the same degree of protection for the curity of a major Non-NATO ally, which has into the equipment that is classified SE- sensitive technology being released as the been and continues to be an important secu- CRET. Classified elements of the ATP sys- U.S. Government. This sale is necessary in rity partner in the region. This proposed sale tem include software object code, operating furtherance of the U.S. foreign policy and of patrol boats will enhance the military ca- characteristics, parameters, and technical national security objectives outlined in the pabilities of the Royal Bahrain Naval Force data. Policy Justification. in the fulfillment of its self-defense, mari- 7. (U) The Embedded GPS-INS (EGI) LN– 16. (U) All defense articles and services time security, and counter-terrorism mis- 260 is a sensor that combines GPS and iner- listed in this transmittal are authorized for sions. tial sensor inputs to provide accurate loca- release and export to the Government of Bahrain will use the capability as a deter- tion information for navigation and tar- Bahrain. rent to regional threats and to strengthen its geting. The EGI LN–260 is UNCLASSIFIED. homeland defense. This sale will also im- prove interoperability with United States The GPS crypto-variable keys needed for DEFENSE SECURITY and regional allies. Bahrain will have no dif- highest GPS accuracy are classified up to COOPERATION AGENCY, SECRET. Arlington, VA. ficulty absorbing this equipment into its armed forces. 8. (U) The LAU–129 Guided Missile Launch- Hon. BOB CORKER, The proposed sale of this equipment and er is capable of launching a single AIM–9 Chairman, Committee on Foreign Relations, support will not alter the basic military bal- (Sidewinder) family of missile or a single U.S. Senate, Washington, DC. ance in the region. AIM–120 Advanced Medium Range Air-to-Air DEAR MR. CHAIRMAN: Pursuant to the re- The principal contractors for systems list- Missile (AMRAAM). The LAU–129 provides porting requirements of Section 36(b)(1) of ed include: 35 meter Fast Patrol Boats— mechanical and electrical interface between the Arms Export Control Act, as amended, SwiftShips, Morgan City, LA; MK38 Mod 3 missile and aircraft. The LAU–129 system is we are forwarding herewith Transmittal No. 25mm Gun Weapon System—BAE Systems, UNCLASSIFIED. 17–01, concerning the Navy’s proposed Let- Louisville, KY; SeaFlir Model 380 HD For- 9. (U) The Modular Mission Computer ter(s) of Offer and Acceptance to the Govern- ward Looking Infra-Red Device—Flir Sys- (MMC) is the central computer for the F–16. ment of Bahrain for defense articles and tems, Inc., Portland, OR. There are no As such it serves as the hub for all aircraft services estimated to cost $60.25 million. known offset agreements proposed in con- subsystems, avionics, and weapons. The After this letter is delivered to your office, junction with this potential sale. hardware and software (Operational Flight we plan to issue a news release to notify the Implementation of this proposed sale will Program OFP) are classified up to SECRET. public of this proposed sale. require multiple trips by U.S. Government 10. (U) An Improved Programmable Display Sincerely, Generator (iPDG) will support the two color and contractor representatives to participate CHARLES W. HOOPER, in program and technical reviews plus boat MFD’s, allowing the pilot to set up to twelve Lieutenant General, USA, Director. reactivation and boat systems training in display programs. One of them includes a Enclosures. color Horizontal Situation Display, which country, on a temporary basis, for a period will be, provide the pilot with a God’s eye TRANSMITTAL NO. 17–01 of two years. view of the tactical situation. Inside is a Notice of Proposed Issuance of Letter of There will be no adverse impact on U.S. de- 20MHz, 32-bit Intel 80960 Display Processor Offer Pursuant to Section 36(b)(1) of the fense readiness as a result of this proposed and a 256K battery-backed RAM system Arms Export Control Act, as amended sale. memory. The color graphics controller is (i) Prospective Purchaser: Bahrain. based on the T.I. TMS34020 Raster Graphics (ii) Total Estimated Value: DEFENSE SECURITY Chipset. The iPDG also contains substantial Major Defense Equipment * $ 5.10 million. COOPERATION AGENCY, growth capabilities including a high-speed Other $55.15 million. Arlington, VA. Ethernet interface (10/100BaseT) and all the Total $60.25 million. Hon. BOB CORKER, hardware necessary to support digital mov- (iii) Description and Quantity or Quan- Chairman, Committee on Foreign Relations, ing maps. The digital map function can be tities of Articles or Services under Consider- U.S. Senate, Washington, DC. enabled by the addition of software. The ation for Purchase: DEAR MR. CHAIRMAN: Pursuant to the re- hardware and software are UNCLASSIFIED. Major Defense Equipment (MDE): Two (2) porting requirements of Section 36(b)(1) of 11. (U) M61A1 20mm Vulcan Cannon: The MK 38 Mod 3 25mm Gun Weapons Systems. the Arms Export Control Act, as amended, 20mm Vulcan cannon is a six barreled auto- Non-MDE: Two (2) 35 meter Fast Patrol we are forwarding herewith Transmittal No. matic cannon chambered in 20x120mm with a Boats; two (2) SeaFLIR 380 HD Forward 17–49, concerning the Navy’s proposed Let- cyclic rate of fire from 2,500–6,000 shots per Looking Infra-Red (FLIR) devices; commu- ter(s) of Offer and Acceptance to the Govern- minute. This weapon is a hydraulically pow- nication equipment; support equipment; ment of Canada for defense articles and serv- ered air cooled Gatlin gun used to damage/ spare and repair parts; tools and test equip- ices estimated to cost $5.23 billion. After this destroy aerial targets, suppress/incapacitate ment; technical data and publications; per- letter is delivered to your office, we plan to personnel targets, and damage or destroy sonnel training; U.S. government and con- issue a news release to notify the public of moving and stationary light materiel tar- tractor engineering, technical, and logistics this proposed sale. gets. The M61A1 and its components are UN- support services; and other related elements Sincerely. CLASSIFIED. of logistics and program support. CHARLES W. HOOPER, 12. (U) Software, hardware, and other data (iv) Military Department: Navy. Lieutenant General, USA, Director. or information, which is classified or sen- (v) Prior Related Cases, if any: None. Enclosures.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.095 S11SEPT1 S5098 CONGRESSIONAL RECORD — SENATE September 11, 2017

TRANSMITTAL NO. 17–49 (vi) Sales Commission. Fee, etc., Paid. Of- interoperability with U.S. forces, providing Notice of Proposed Issuance of Letter of fered. or Agreed to be Paid: None. benefits for training and possible future coa- Offer Pursuant to Section 36(b)(1) of the (vii) Sensitivity of Technology Contained lition operations in support of shared re- Arms Export Control Act, as amended in the Defense Article or Defense Services gional security objectives. Proposed to be Sold: See Attached Annex. The proposed sale of the F/A–18E/F Super (i) Prospective Purchaser: Government of (viii) Date Report Delivered to Congress: Hornet aircraft will improve Canada’s capa- Canada. September 11, 2017. bility to meet current and future warfare (ii) Total Estimated Value: * As defined in Section 47(6) of the Arms threats and provide greater security for its Major Defense Equipment * $2.64 billion. Export Control Act. critical infrastructure. The F/A–18E/F Super Other $2.59 billion. POLICY JUSTIFICATION Hornet aircraft will supplement and eventu- Total $5.23 billion. ally replace a portion of the Canadian Air (iii) Description and Quantity or Quan- Government of Canada—F/A–18E/F Super Hornet Aircraft with Support Force’s aging fighter aircraft. Canada will tities of Articles or Services under Consider- have no difficulty absorbing this equipment The Government of Canada has requested a ation for Purchase: into its armed forces. Major Defense Equipment (MDE): possible sale of ten (10) F/A–18E Super Hor- The proposed sale of this equipment and Ten (10) F/A–18E Super Hornet Aircraft, net aircraft, with F414–GE–400 engines; eight support will not alter the basic military bal- with F414–GE–400 Engines. (8) F/A–18F Super Hornet aircraft, with F414– ance in the region. Eight (8) F/A–18F Super Hornet Aircraft, GE–400 engines; eight (8) F414–GE–400 engine The principal contractors will be: Boeing with F414–GE–400 Engines. spares; twenty (20) AN/APG–79 Active Elec- Company, St. Louis, MO; Northrop Grum- Eight (8) F414–GE–400 Engine Spares. tronically Scanned Array (AESA) radars; man, Los Angeles, CA; Raytheon, El Twenty (20) AN/APG–79 Active Electroni- twenty (20) M61A2 20MM gun systems; twen- Segundo, CA; General Electric, Lynn, MA; cally Scanned Array (AESA) Radars. ty-eight (28) AN/ALR–67(V)3 Electronic War- and Raytheon Missile Systems Company, Twenty (20) M61A2 20MM Gun Systems. fare Countermeasures Receiving Sets; fifteen Tucson, AZ. The Government of Canada has Twenty-eight (28) AN/ALR–67(V)3 Elec- (15) AN/AAQ–33 Sniper Advanced Targeting advised that it will negotiate offset agree- tronic Warfare Countermeasures Receiving Pods; twenty (20) Multifunctional Informa- ments with key U.S. contractors. Sets. tion Distribution Systems—Joint Tactical Implementation of this proposed sale will Fifteen (15) AN/AAQ–33 Sniper Advanced Radio System (MIDS–JTRS); thirty (30) require the assignment of contractor rep- Targeting Pods. Joint Helmet Mounted Cueing Systems resentatives to Canada on and intermittent Twenty (20) Multifunctional Information (JHMCS); twenty-eight (28) AN/ALQ–214 Inte- basis over the life of the case to support de- Distribution Systems—Joint Tactical Radio grated Countermeasures Systems; one hun- livery of the F/A–18E/F Super Hornet aircraft System (MIDS-JTRS). dred thirty (130) LAU–127E/A and or F/A and weapons and to provide supply support Thirty (30) Joint Helmet Mounted Cueing Guided Missile Launchers; twenty-two (22) management, inventory control and equip- Systems (JHMCS). AN/AYK–29 Distributed Targeting System ment familiarization. Twenty-eight (28) AN/ALQ–214 Integrated (DTS); twenty-two (22) AN/AYK–29 Distrib- There will be no adverse impact on U.S. de- Countermeasures Systems. uted Targeting Processor (DTP); one hun- fense readiness as a result of this proposed One hundred thirty (130) LAU–127E/A and/ dred (100) AIM–9X–2 Sidewinder Block II Tac- sale. or F/A Guided Missile Launchers. tical Missiles; thirty (30) AIM–9X–2 Side- TRANSMITTAL NO. 17–49 Twenty-two (22) AN/AYK–29 Distributed winder Block II Captive Air Training Mis- Notice of Proposed Issuance of Letter of Targeting System (DTS). siles (CATM); eight (8) AIM–9X–2 Sidewinder Offer Pursuant to Section 36(b)(1) of the Twenty-two (22) AN/AYK–29 Distributed Block II Special Air Training Missiles Arms Export Control Act Targeting Processor (DTP). (NATM); twenty (20) AIM–9X–2 Sidewinder Annex Item No. vii One hundred (100) AIM–9X–2 Sidewinder Block II Tactical Guidance Units; sixteen (vii) Sensitivity of Technology: Block II Tactical Missiles. (16) AIM–9X–2 Sidewinder Block II CATM 1. The F/A–18E/F Super Hornet is a single- Thirty (30) AIM–9X–2 Sidewinder Block II Guidance Units. Also included in this sale seat and two-seat, twin engine, multi-mis- Captive Air Training Missiles (CATM). are AN/AVS–9 Night Vision Goggles (NVG); sion fighter/attack aircraft that can operate Eight (8) AIM–9X–2 Sidewinder Block II AN/ALE–47 Electronic Warfare Counter- from either aircraft carriers or land bases. Special Air Training Missiles (NATM). measures Systems; AN/ARC–210 Communica- The F/A–18E/F Super Hornet fills a variety of Twenty (20) AIM–9X–2 Sidewinder Block II tion System; AN/APX–111 Combined Interro- roles: air superiority, fighter escort, suppres- Tactical Guidance Units. gator Transponder; AN/ALE–55 Towed De- sion of enemy air defenses, reconnaissance, Sixteen (16) AIM–9X–2 Sidewinder Block II coys; Joint Mission Planning System forward air control, close and deep air sup- CATM Guidance Units. (JMPS); AN/PYQ–10C Simple Key Loader port, and day and night strike missions. The Non-MDE: Included in the sale are AN/ (SKL); Data Transfer Unit (DTU); Accurate F/A–18E/F Weapons System is considered SE- AVS–9 Night Vision Goggles (NVG); AN/ Navigation (ANAV) Global Positioning Sys- CRET. ALE–47 Electronic Warfare Countermeasures tem (GPS) Navigation; KIV–78 Duel Channel 2. The AN/APG–79 Active Electronically Systems; AN/ARC–210 Communication Sys- Encryptor, Identification Friend or Foe Scanned Array (AESA) Radar System is clas- tem, AN/APX–111 Combined Interrogator (IFF); CADS/PADS; Instrument Landing sified SECRET. The radar provides the F/A– Transponder; AN/ALE–55 Towed Decoys; System (ILS); Aircraft Armament Equip- 18E/F Super Hornet aircraft with all-weath- Joint Mission Planning System (JMPS); AN/ ment (AAE); High Speed Video Network er, multi-mission capability for performing PYQ–10C Simple Key Loader (SKL); Data (HSVN) Digital Video Recorder (HDVR); air-to-air and air-to-ground targeting and at- Transfer Unit (DTU); Accurate Navigation Launchers (LAU–115D/A, LAU–116B/A, LAU– tack. Air-to-air modes provide the capability (ANAV) Global Positioning System (GPS) 118A); flight test services; site survey; air- for all-aspect target detection, long-range Navigation; KIV–78 Duel Channel Encryptor, craft ferry; auxiliary fuel tanks; aircraft search and track, automatic target acquisi- Identification Friend or Foe (IFF), CADS/ spares; containers; storage and preservation; tion, and tracking of multiple targets. Air- PADS; Instrument Landing System (ILS); transportation; aircrew and maintenance to-surface attack modes provide high-resolu- Aircraft Armament Equipment (AAE); High training; training aids and equipment, de- tion ground mapping navigation, weapon de- Speed Video Network (HSVN) Digital Video vices and spares and repair parts; weapon livery, and sensor cueing. The system com- Recorder (HDVR); Launchers (LAU–115D/A, system support and test equipment; tech- ponent hardware (Antenna, Transmitter, LAU–116B/A, LAU–118A); flight test services; nical data Engineering Change Proposals; Radar Data Processor, and Power Supply) is site survey; aircraft ferry; auxiliary fuel technical publications and documentation; UNCLASSIFIED. The Receiver-Exciter hard- tanks; aircraft spares; containers; storage software; avionics software support; software ware is CONFIDENTIAL. The radar Oper- and preservation; transportation; aircrew development/integration; system integration ational Flight Program (OFP) is classified and maintenance training; training aids and and testing; U.S. Government and contractor SECRET. Documentation provided with the equipment, devices and spares and repair engineering technical and logistics support; AN/APG–79 radar set is classified SECRET. parts; weapon system support and test equip- Repair of Repairable (RoR); repair and re- 3. The AN/ALR–67(V)3 Electronic Warfare ment; technical data Engineering Change turn warranties; other technical assistance Countermeasures Receiving Set is classified Proposals; technical publications and docu- and support equipment; and other related CONFIDENTIAL. The AN/ALR–67(V)3 pro- mentation; software; avionics software sup- elements of logistics and program support. vides the F/A–18E/F aircrew with radar port; software development/integration; sys- The estimated total case value is $5.23 bil- threat warnings by detecting and evaluating tem integration and testing; U.S. Govern- lion. friendly and hostile radar frequency threat ment and contractor engineering technical This proposed sale will contribute to the emitters and providing identification and and logistics support; Repair of Repairable foreign policy and national security objec- status information about the emitters to on- (RoR); repair and return warranties; other tives of the United States by helping to im- board Electronic Warfare (EW) equipment technical assistance and support equipment; prove the security of a NATO ally which has and the aircrew. The Operational Flight Pro- and other related elements of logistics and been, and continues to be, a key democratic gram (OFP) and User Data Files (UDF) used program support. partner of the United States in ensuring in the AN/ALR–67(V)3 are classified SE- (iv) Military Department: Navy. peace and stability. The acquisition of the F/ CRET. Those software programs contain (v) Prior Related Cases if any: CN–P–FEC A–18E/F Super Hornet aircraft, associated threat parametric data used to identify and (planning case). weapons and capability will allow for greater establish priority of detected radar emitters.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.097 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5099 4. The Multifunctional Informational Dis- to integrate the Helmet Mounted Cueing ment is to upgrade Canada’s Combined Inter- tribution System-Joint Tactical Radio Sys- System. The software algorithms are the rogator/Transponder (CIT) AN/APX–111 (V) tem (MIDS-JTRS) is classified CONFIDEN- most sensitive portion of the AIM–9X–2 mis- IFF system software to implement Mode Se- TIAL. The MIDS-JTRS is a secure data and sile. The software continues to be modified lect (Mode S) capabilities. Beginning in early voice communication network using Link–16 via a pre-planned product improvement (P31) 2005, EUROCONTROL mandated the civil architecture. The system provides enhanced program in order to improve its counter- community in Europe to transition to a situational awareness, positive identifica- countermeasure capabilities. No software Mode S only system and for all aircraft to be tion of participants within the network, se- source code or algorithms will be released. compliant by 2009. The Mode S Beacon Sys- cure fighter-to-fighter connectivity, secure The missile is classified as CONFIDENTIAL. tem is a combined data link and Secondary voice capability, and ARN–118 TACAN 9. The AIM–9X–2 will result in the transfer Surveillance Radar (SSR) system that was functionality. It provides three major func- of sensitive technology and information. The standardized in 1985 by the International tions: Air Control, Wide Area Surveillance, equipment, hardware, and documentation Civil Aviation Organization (ICAO). Mode S and Fighter-to-Fighter. The MIDS-JTRS can are classified CONFIDENTIAL. The software provides air surveillance using a data link be used to transfer data in Air-to-Air, Air-to- and operation performance are classified SE- with a permanent unique aircraft address. Surface, and Air-to-Ground scenarios. The CRET. The seeker/guidance control section Selective Interrogation provides higher data MIDS Enhanced Interference Blanking Unit and the target detector are CONFIDENTIAL integrity, reduced Radio Frequency (RF) in- (EIBU) provides validation and verification and contain sensitive state-of-the-art tech- terference levels, increased air traffic capac- of equipment and concept. EIBU enhances nology. Manuals and technical documenta- ity, and adds air-to-ground data link. input/output signal capacity of the MIDS- tion that are necessary or support oper- 15. The AN/ALE–55 Towed Decoy improves JTRS and addresses parts obsolescence. ational use and organizational management aircraft survivability by providing an en- 5. The Joint Helmet Mounted Cueing Sys- are classified up to SECRET. Performance hanced, coordinated on-board/off-board coun- tem (JHMCS) is a modified HGU–55/P helmet and operating logic of the counter-counter- termeasure response to enemy threats. that incorporates a visor-projected Heads-Up measures circuits are classified SECRET. 16. The Joint Mission Planning System Display (HUD) to cue weapons and aircraft The hardware, software, and data identified (JMPS) is classified SECRET. JMPS will sensors to air and ground targets. In close are classified to protect vulnerabilities, de- provide mission planning capability for sup- combat, a pilot must currently align the air- sign and performance parameters and simi- port of military aviation operations. It will craft to shoot at a target. JHMCS allows the lar critical information. also provide support for unit-level mission pilot to simply look at a target to shoot. 10. The AN/AAQ–33 SNIPER Pod is a multi- planning for all phases of military flight op- This system projects visual targeting and sensor, electro-optical targeting pod incor- erations and have the capability to provide aircraft performance information on the porating infrared, low-light television cam- necessary mission data for the aircrew. back of the helmet’s visor, enabling the pilot era, laser range finder/target designator, and JMPS will support the downloading of data to monitor this information without inter- laser spot tracker. It is used to provide navi- to electronics data transfer devices for trans- rupting his field of view through the cockpit gation and targeting for military aircraft in fer to aircraft and weapon systems. A JMPS canopy. The system uses a magnetic trans- adverse weather and using precision-guided for a specific aircraft type will consist of mitter unit fixed to the pilot’s seat and a weapons such as laser-guided bombs. It offers basic planning tools called the Joint Mission magnetic field probe mounted on the helmet much greater target resolution and imagery Planning Environment (JMPE) mated with a to define helmet pointing positioning. A Hel- accuracy than previous systems. Unique Planning Component (UPC) provided met Vehicle Interface (HVI) interacts with 11. The AN/PVS–9 Night Vision Goggles by the aircraft program. In addition UPCs the aircraft system bus to provide signal (NVG) provide imagery sufficient for an avi- will be required for specific weapons, com- generation for the helmet display. This pro- ator to complete night time missions down munication devices, and moving map dis- vides significant improvement for close com- to starlight and extreme low light condi- plays. The JMPS will be tailored to the spe- bat targeting and engagement. Hardware is tions. The AN/PVS–9 is designed to satisfy cific releasable configuration for the F/A– UNCLASSIFIED; technical data and docu- the F/A–18E/F mission requirements for cov- 18E/F Super Hornet. ments are classified up to SECRET. ert night combat, engagement, and support. 17. AN/PYQ–10(C) is the next generation of 6. The AN/ALQ–214 is an advanced airborne The third generation light amplification the currently fielded AN/CYZ–10 Data Trans- Integrated Defensive Electronic Counter- tubes provide a high-performance, image-in- fer Device (DTD). The AN/PYQ–10(C) provides measures (IDECM) programmable modular tensification system for optimized F/A–18E/F automated, secure and user-friendly methods automated system capable of intercepting, night flying at terrain-masking altitudes. for managing and distributing cryptographic identifying, processing received radar signals The AN/PVS–9 NVG’s are classified as UN- key material, Signal Operating Instructions (pulsed and continuous) and applying an op- CLASSIFIED but with restrictions on re- (SOI), and Electronic Protection data. This timum countermeasures technique in the di- lease of technologies. course introduces some of the basic compo- rection of the radar signal, thereby improv- 12. The AN/ALE–47 Countermeasures Dis- nents and activities associated with the AN/ ing individual aircraft probability of sur- pensing Systems is classified SECRET. The PYQ–10(C) in addition to hands-on training. vival from a variety of surface-to-air and air- AN/ALE–47 is a threat-adaptive dispensing Learners will become familiar with the secu- to-air Radio Frequency (RF) threats. The system that dispenses chaff, flares, and ex- rity features of the Simple Key Loader system operates in a standalone or Elec- pendable jammers for self-protection against (SKL), practice the initial setup of the SKL, tronic Warfare (EW) suite mode. In the EW airborne and ground-based Radio Frequency and will receive and distribute electronic suite mode, the AN/ALQ–214 operates in a (RF) and Infrared Threats. The AN/ALE–47 keys using the SKL. Hardware is considered fully coordinated mode with the towed dis- Programmer is classified CONFIDENTIAL. CLASSIFIED. 18. Data Transfer Unit (DTU) with pensable decoy, Radar Warning Receiver The Operational Flight Program (OR) and CRYPTO Type 1 and Ground Encryption De- (RWR), and the onboard radar in the F/A– Mission Data Files (MDF) used in the AN/ vice (GED). The DTU (MU–1164(C)/A) has an 18E/F Super Hornet in a coordinated, non-in- ALE–47 are classified SECRET. Those soft- embedded DAR–400ES. Both versions of the terference manner sharing information for ware programs contain algorithms used to DAR–400 are type 1 devices. enhanced information. The AN/ALQ–214 was calculate the best defense against specific 19. Accurate Navigation (ANAV) Global designed to operate in a high-density Elec- threats. Positioning System (GPS) also includes Key tromagnetic Hostile Environment with the 13. The AN/ARC–210 Radio’s Line-of-sight loading Installation and Facility Charges. ability to identify and counter a wide vari- data transfer rates up to 80 k/s in a 25 kHz The ANAV is a 24–channel SAASM based ety of multiple threats, including those with channel creating high-speed communication pulse-per-second GPS receiver built for next Doppler characteristics. Hardware within the of critical situational awareness information generation GPS technology. AN/ALQ–214 is classified CONFIDENTIAL. for increased mission effectiveness. Software 20. KIV–78 Dual Channel Encryptor Mode 4/ 7. LAIJ–127E/A and/or F/A Guided Missile that is reprogrammable in the field via Mem- Mode 5 Identification Friend or Foe (IFF) Launchers designed to enable F/A–18E/F ory Loader/Verifier Software making flexible Crypto applique includes aircraft installs Super Hornet aircraft to carry and launch use for multiple missions. The AN/ARC–210 and initial spares, to ensure proper identi- missiles. It provides the electrical and me- has embedded software with programmable fication of aircraft during coalition efforts. chanical interface between the missile and cryptography for secure communications. The KIV–78 provides cryptographic and time- launch aircraft as well as the two-way data 14. The AN/APX–111 Combined Interro- of-day services for a Mark XIIA (Mode 4 and transfer between missile and cockpit con- gator/Transponder (CIT) with the Conformal 5) IFF Combined Interrogator/Transponder trols and displays to support preflight ori- Antenna System (CAS) is classified SE- (CIT), individual interrogator, and individual entation and control circuits to prepare and CRET. The CIT is a complete MARK-XII transponder. Hardware is considered CLAS- launch the missile. identification system compatible with Iden- SIFIED. 8. The AIM–9X–2 Block II Sidewinder mis- tification Friend or Foe (IFF) Modes 1, 2, 3/ 21. High Speed Video Network (HSVN) Dig- sile represents a substantial increase in mis- A, C and 4 (secure). A single slide-in module ital Video Recorder (HDVR) with CRYPTO sile acquisition and kinematics performance that can be customized to the unique cryp- Type 1 and Ground Encryption Device (GED). over the AIM–9M and replaces AIM–9X Block tographic functions for a specific country The HDVR has an embedded DAR–400EX and I missile configuration. The missile includes provides the systems secure mode capabili- the GED has an embedded DAR–400ES Both a high off-boresight seeker, enhanced coun- ties. As a transponder, the CIT is capable of versions of the DAR–400 are Type 1 devices. termeasure rejection capability, low drag/ replying to interrogation modes 1, 2, 3/A, C 22. If a technologically advanced adversary high angle of attack airframe and the ability (altitude) and secure mode 4. The require- obtains knowledge of the specific hardware

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.099 S11SEPT1 S5100 CONGRESSIONAL RECORD — SENATE September 11, 2017 and software elements, the information Previously, Peter served as the chair- Maryland Center for Environmental could be used to develop countermeasures or man of the board of directors of the Science, UMCES, a position he has held equivalent systems that might reduce weap- Wyoming Enhanced Oil Recovery Com- for the past 27 years. on system effectiveness or be used in the de- mission and a member of the board of Since 1990, Dr. Boesch has led an in- velopment of a system with similar or ad- stitution with an excellent reputation vanced capabilities. directors of the Independent Petroleum 23. A determination has been made that Association of Rocky Mountain States. for Chesapeake Bay science to global the Government of Canada can provide sub- He is an active member of the Wyo- prominence in coastal watershed stantially the same degree of protection for ming Association of Professional science and its application, building the sensitive technology being released as Landmen and the American Associa- highly capable research facilities at the U.S. Government. This sale is necessary tion of Professional Landmen. Peter each of the UMCES’s four laboratories. in furtherance of the U.S. foreign policy and Wold also served on the corporate Since 2008, he has also served as vice national security objectives outlined in the boards of Arch Coal Corporations and chancellor for environmental sustain- Policy Justification. 24. All defense articles and services listed Oppenheimer Funds. ability for the University System of in this transmittal are authorized for release The Wold family has a proud tradi- Maryland. and export to the Government of Canada. tion of public service and helping the During Dr. Boesch’s tenure, UMCES went through remarkable trans- f people of Wyoming. Peter represented Natrona County in the Wyoming House formations. Research grants more than ADDITIONAL STATEMENTS of Representatives from 1989 to 1992. tripled and significantly diversified His passion to give back and sense of with multiple agency and private and philanthropic sponsors. This allowed TRIBUTE TO PETER WOLD duty to the people of Wyoming was in- stilled in him by his father, John Wold. UMCES scientists to expand their re- ∑ Mr. BARRASSO. Mr. President, John Wold served in the Wyoming search into new and emerging topics today I wish to celebrate the Boys and House of Representatives from 1957 to critical to understanding Maryland’s Girls Clubs of Central Wyoming’s 2017 1959 and the U.S. House of Representa- environment. He also initiated the In- honoree, Peter Wold. tives from 1969 to 1971. He was the first tegration and Application Network, Since 1978, the Boys and Girls Clubs professional geologist in the U.S. Con- which is responsible for the annual ‘‘re- of Central Wyoming has been working gress. Peter’s son Matthew continued port card’’ on the Chesapeake Bay, to to make a positive difference in the the family tradition of public service inspire and produce timely syntheses lives of children. Their mission is to in- when he interned in my Washington, on critical environmental issues and spire all youth, especially those who DC, office during the summer of 2007. identify practical and effective solu- need them the most, to reach their full Peter Wold continues to devote his tions to the bay’s problems. potential and to be productive, respon- time, talents, and resources to help Thanks to Don’s unstinting passion sible, and caring citizens. Their activi- promote programs that develop the and dedication to environmental ties provide the children in our com- mental and physical well-being of issues, UMCES has had a profoundly munity with a sense of competence, youth across Wyoming. In addition to positive impact on improving the usefulness, and belonging. The Boys supporting the Boys and Girls Clubs, health of Maryland’s environment, and Girls Clubs of Central Wyoming is Peter Wold is also a member of the playing a major role in the university’s grateful for Peter’s contributions to board of trustees for the YMCA of mission to enhance the quality of life their critically important mission. Natrona County. He played an integral in Maryland and our region. UMCES On September 20, 2017, the Boys and role in getting a new facility to serve has become recognized as the State’s Girls Clubs of Central Wyoming will be the needs of the children, families, and foremost research authority on envi- hosting the 19th Annual Awards and members of the Casper community. ronmental matters that are critical to Recognition Breakfast. Every year at Through his work with the Wold Foun- Maryland and the Nation, from enhanc- this event, the Boys and Girls Clubs dation, Peter supports numerous ing the health of the Chesapeake Bay honors a member of the community projects and programs aimed at assist- to restoring our State’s oyster popu- who has made outstanding contribu- ing Wyoming youth, such as the lation. tions to both their organization and Natrona County School District His- Don Boesch has been an extremely ef- the city of Casper. It is a wonderful tory Day competition and the Little fective leader of people. He worked celebration. Peter Wold is a perfect Hands Casper arts education program. with the University of Maryland Balti- honoree because of his commitment to His generosity to youth organizations more County and the University of the youth across the State of Wyo- will ensure the future of Wyoming is Maryland, Baltimore to form a novel ming. strong and vibrant. research partnership, the Institute of Peter is a successful businessman, Peter Wold and his family truly rep- Marine and Environmental Tech- philanthropist, and family man. He is a resent the strong Wyoming values of nology, located on Baltimore’s Inner native of Casper, WY. Peter attended hard work, generosity, and compassion. Harbor. He spearheaded the effort to Colorado State University and earned a Peter Wold and his wife, Marla, have design and construct the state-of-the- bachelor of science degree in biological three children, Abbie Long and her art research vessel Rachel Carson to science. He started his career at a husband Steve, Matthew Wold and his help understand and monitor the trout farm in Idaho and later became wife Katie, and Joe Wold and his wife Chesapeake Bay and coastal Atlantic one of the most influential landmen in Chelsey, as well as four grandchildren, Ocean. He led UMCES, a longtime part- the State of Wyoming. Peter followed Hayden, Harper, Ellie, and Annie. Cas- ner in graduate education and class- in his father John Wold’s footsteps at per and Wyoming are a better place room instruction with the University Wold Oil Properties, a family owned thanks to the contributions of this ex- of Maryland, to receive accreditation and operated oil and gas company char- ceptional family. to award joint graduate degrees in en- acterized by consistency and western It is with great honor that I recog- vironmental science. values. Since 1993, he and his brother nize this outstanding member of our Don has been involved in research on Jack Wold have owned and managed Wyoming community. My wife, Bobbi, the Chesapeake Bay for more than 35 the company. Peter is currently the joins me in extending our congratula- years, becoming one of the Nation’s President of Wold Energy Partners and tions to Peter Wold for receiving this most widely recognized and respected CEO of Wold Oil Properties. special award.∑ experts in applying science to public Throughout his career, Peter gained f policies for the protection, sustainable valuable experience and knowledge of use, and restoration of coastal eco- Wyoming industries, businesses, and TRIBUTE TO DR. DONALD F. systems. He has been an official adviser communities. Since 1979, he has been BOESCH to Federal agencies, the Chesapeake managing member of Hole-in-the-Wall ∑ Mr. CARDIN. Mr. President, I would Bay Program, and five Maryland Gov- Ranch. Peter was a representative on like to take this opportunity to thank ernors. He is a member of the Gov- the Bureau of Land Management’s Na- Dr. Donald F. Boesch, who is stepping ernor’s Chesapeake Bay Cabinet. He tional Public Lands Advisory Council. down as president of the University of has also served as chair of the Ocean

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.100 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5101 Studies Board of the National Academy Florence’s friends and family, as well Dustin is a graduate of Sioux Falls of Sciences and member of the Na- as many, many people in her hometown Christian High School in Sioux Falls, tional Academies Committee on Amer- of Seabrook and across the Granite SD. Currently, he is attending Liberty ica’s Climate Choices. In 2007, he won State, in wishing her a very happy University in Lynchburg, VA, where he the ‘‘Award for Lifetime Leadership in 100th birthday.∑ is majoring in politics and policy. Ecosystem Restoration, National Con- f Dustin is a dedicated worker who has ference on Ecosystem Restoration.’’ In been committed to getting the most 2010, President Barack Obama ap- TRIBUTE TO CHASE GLAZIER out of his experience. pointed Don to the National Commis- ∑ Mr. THUNE. Mr. President, today I I extend my sincere thanks and ap- sion on the BP Deepwater Horizon Oil recognize Chase Glazier, an intern in preciation to Dustin Wahl for all of the Spill and Offshore Drilling. In 2015, he my Washington, DC, office, for all of fine work he has done and wish him earned the ‘‘Admiral of the Chesapeake the hard work he has done for me, my continued success in the years to Award,’’ which was presented to him by staff, and the State of South Dakota. come.∑ the Governor. Chase is a graduate of Custer High f Don’s interest in coastal watershed School in Custer, SD. Currently, he is MESSAGES FROM THE PRESIDENT science probably came naturally; he attending South Dakota State Univer- was born and raised in New Orleans, sity in Brookings, SD, where he is ma- Messages from the President of the and he received his B.S. in biology joring in communications. Chase is a United States were communicated to from Tulane University in 1967. He dedicated worker who has been com- the Senate by Mr. Pate, one of his sec- went on to earn a Ph.D. in oceanog- mitted to getting the most out of his retaries. raphy from the College of William & experience. f Mary in 1971. He was awarded a Ful- I extend my sincere thanks and ap- EXECUTIVE MESSAGES REFERRED bright postdoctoral fellowship to study preciation to Chase Glazier for all of As in executive session the Presiding in Australia and then spent 8 years on the fine work he has done and wish him Officer laid before the Senate messages the faculty at the Virginia Institute of continued success in the years to from the President of the United Marine Science. From 1980 to 1990, he come.∑ served as the first executive director of States submitting sundry nominations f the Louisiana Universities Marine Con- which were referred to the appropriate sortium and worked as a professor of TRIBUTE TO KYLE MCKEE committees. (The messages received today are Marine Science at Louisiana State ∑ Mr. THUNE. Mr. President, today I University. He returns to the gulf coast printed at the end of the Senate pro- recognize Kyle McKee, an intern in my ceedings.) frequently to lead task forces and sci- Washington, DC, office, for all of the f entific panels on gulf ecosystem pro- hard work he has done for me, my tection and restoration. staff, and the State of South Dakota. PRESIDENTIAL MESSAGES Dr. Donald F. Boesch has had an ex- Kyle is a graduate of Washington emplary career at the intersection of High School in Sioux Falls, SD. Cur- science and public policy. He has been rently, he is attending the University REPORT RELATIVE TO THE CON- incredibly helpful to me and the rest of of Pennsylvania in Philadelphia, PA, TINUATION OF THE NATIONAL the Maryland congressional delegation; where he is majoring in political EMERGENCY WITH RESPECT TO we have all valued his wise counsel. I science and chemistry. Kyle is a dedi- THE TERRORIST ATTACKS ON am comforted by the fact that, while cated worker who has been committed THE UNITED STATES OF SEP- Don is stepping down as president of to getting the most out of his experi- TEMBER 11, 2001—PM 16 UMCES on September 17, he will join ence. The PRESIDING OFFICER laid be- the faculty and focus his energies on I extend my sincere thanks and ap- fore the Senate the following message completing several research publica- preciation to Kyle McKee for all of the from the President of the United tions. I ask my Senate colleagues to fine work he has done and wish him States, together with an accompanying join me in congratulating Don on this continued success in the years to report; which was referred to the Com- milestone event and thanking him for come.∑ mittee on Banking, Housing, and his extraordinary contributions to un- Urban Affairs: derstanding and protecting our envi- f To the Congress of the United States: ronment.∑ TRIBUTE TO OLIVIA TORBERT Section 202(d) of the National Emer- f ∑ Mr. THUNE. Mr. President, today I gencies Act, 50 U.S.C. 1622(d), provides TRIBUTE TO FLORENCE NEMPHOS recognize Olivia Torbert, an intern in for the automatic termination of a na- ∑ Ms. HASSAN. Mr. President, today I my Washington, DC, office, for all of tional emergency unless, within 90 wish to recognize and extend my sin- the hard work she has done for me, my days of the anniversary date of its dec- cerest congratulations and happy staff, and the State of South Dakota. laration, the President publishes in the birthday wishes to Florence Nemphos. Olivia is a graduate of Washington Federal Register and transmits to the On August 17, 2017, Florence celebrated High School in Sioux Falls, SD. Cur- Congress a notice stating that the her 100th birthday. rently, she is attending Georgetown emergency is to continue in effect be- Florence Nemphos was born in University in Washington, DC, where yond the anniversary date. Consistent Saugus, MA, on August 17, 1917 to two she is majoring in international rela- with this provision, I have sent to the loving parents, Annie LeBrun and tions. Olivia is a dedicated worker who Federal Register the enclosed notice, Richard LeBlanc. Florence has been a has been committed to getting the stating that the emergency declared in resident of Seabrook, NH, for the past most out of her experience. Proclamation 7463 of September 14, 34 years. Florence is known as an out- I extend my sincere thanks and ap- 2001, ‘‘National Emergency by Reason standing woman and a vital and active preciation to Olivia Torbert for all of of Certain Terrorist Attacks,’’ is to member of her tightknit community. the fine work she has done and wish continue in effect beyond September For over 40 years, Florence has dedi- her continued success in the years to 14, 2017. cated part of every week to playing come.∑ The threat of terrorism that resulted bingo at the American Legion of f in the declaration of a national emer- Seabrook and the Seabrook Fire Asso- gency on September 14, 2001, continues. ciation with members of the Seabrook TRIBUTE TO DUSTIN WAHL The authorities that have been invoked community that she calls her bingo ∑ Mr. THUNE. Mr. President, today I under that declaration of a national buddies. recognize Dustin Wahl, an intern in my emergency continue to be critical to As Senator for New Hampshire, I Washington, DC, office, for all of the the ability of the Armed Forces of the would like to honor Florence on the oc- hard work he has done for me, my United States to perform essential mis- casion of her 100th birthday. I join with staff, and the State of South Dakota. sions in the United States and around

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.020 S11SEPT1 S5102 CONGRESSIONAL RECORD — SENATE September 11, 2017 the world to address the continuing States citizens returned from foreign coun- could be used to control, manage, and verify threat of terrorism. For these reasons, tries. a high volume of traffic at the initial point of contact at an airport; Now, therefore, be I have determined that it is necessary f it to continue in effect the national ENROLLED BILL PRESENTED Resolved, That the Legislature of Louisiana emergency declared on September 14, does hereby memorialize the United States 2001, in response to certain terrorist at- The Secretary of the Senate reported Congress to take such actions as are nec- tacks. that on today, September 11, 2017, she essary to develop, implement, and enforce DONALD J. TRUMP. had presented to the President of the additional safeguards, policies, and proce- THE WHITE HOUSE, September 11, 2017. United States the following enrolled dures that will significantly enhance airport safety; and be it further f bill: Resolved, That a copy of this Resolution be S. 1616. An act to award the Congressional transmitted to the presiding officers of the MESSAGE FROM THE HOUSE Gold Medal to Bob Dole, in recognition for Senate and the House of Representatives of RECEIVED DURING ADJOURNMENT his service to the nation as a soldier, legis- the Congress of the United States of America Under the authority of the order of lator, and statesman. and to each member of the Louisiana con- gressional delegation. the Senate of January 3, 2017, the Sec- f retary of the Senate, on September 8, PETITIONS AND MEMORIALS POM–83. A concurrent resolution adopted 2017, during the adjournment of the by the Legislature of the State of Louisiana Senate, received a message from the The following petitions and memo- memorializing the United States Congress to House of Representatives announcing rials were laid before the Senate and take such actions as are necessary to con- that the House has agreed to the fol- were referred or ordered to lie on the tinue to provide appropriate and sufficient lowing concurrent resolution, without table as indicated: funding for the National Sea Grant College Program, including that for Louisiana Sea POM–82. A concurrent resolution adopted amendment: Grant; to the Committee on Commerce, by the Legislature of the State of Louisiana S. Con. Res. 24. Concurrent resolution pro- Science, and Transportation. memorializing the United States Congress to viding for a correction in the enrollment of HOUSE CONCURRENT RESOLUTION NO. 66 H.R. 601. take such actions as are necessary to de- velop, implement, and enforce additional Whereas, the National Sea Grant College The message also announced that the safeguards, policies, and procedures that will Program, a network of thirty-three sea grant House has agreed to the amendment of significantly enhance airport safety; to the colleges and universities, was created in 1966 the Senate to the amendment of the Committee on Commerce, Science, and by the United States Congress in the Na- House to the amendment of the Senate Transportation. tional Oceanic and Atmospheric Administra- tion within the United States Department of to the bill (H.R. 601) to enhance the HOUSE CONCURRENT RESOLUTION NO. 1 Commerce; and transparency and accelerate the im- Whereas, according to the United States Whereas, the colleges and universities des- pact of assistance provided under the Department of Transportation’s Bureau of ignated under the National Sea Grant Col- Foreign Assistance Act of 1961 to pro- Transportation Statistics, United States air- lege Program were so designated because mote quality basic education in devel- lines and foreign airlines serving the United they were involved in scientific research, oping countries, to better enable such States carried over eight hundred ninety-five education, training, and extension projects countries to achieve universal access million passengers in 2015; and and programs that were aimed at preserva- Whereas, airports contribute significantly to quality basic education and im- tion and practical development of coastal re- to local, national, and global economies and sources, including those along the Atlantic proved learning outcomes, to eliminate provide jobs and fuel trade for economic de- Ocean, the Pacific Ocean, the Gulf of Mexico, duplication and waste, and for other velopment; and and the Great Lakes; and purposes. Whereas, approximately forty percent of Whereas, the Act that created the National ENROLLED BILLS SIGNED all tourists travel by air, forty-five million Sea Grant College Program stated that the program was to support education, research, Under the authority of the order of tons of freight are transported annually by air, and fourteen million jobs around the and extension by ‘‘Encouraging and devel- the Senate of January 3, 2017, the Sec- world are tied to air travel, which heavily oping programs consisting of instruction, retary of the Senate, on September 8, contribute to economic advancement; and practical demonstrations, publications, and 2017, during the adjournment of the Whereas, there are over nineteen thousand otherwise, by sea grant colleges and other Senate, received a message from the airports serving the United States with suitable institutes, laboratories, and public House of Representatives announcing seven commercial service airports located in and private agencies through marine advi- that the Speaker had signed the fol- the state of Louisiana; and sory programs with the object of imparting lowing enrolled bills: Whereas, safety and security are of great useful information to persons currently em- concern and are key influencing factors ployed or interested in the various fields re- S. 1616. An act to award the Congressional when people select a mode of transportation lated to the development of marine re- Gold Medal to Bob Dole, in recognition for and a travel destination; and sources, the scientific community, and the his service to the nation as a soldier, legis- Whereas, on a daily basis, the lives of general public.’’; and lator, and statesman. countless airline passengers are dependent Whereas, in 1978, Louisiana Sea Grant, lo- H.R. 601. An act making continuing appro- upon the implementation of safety regula- cated at Louisiana State University, was priations for the fiscal year ending Sep- tions adopted to protect the public interest designated as the thirteenth sea grant col- tember 30, 2018, and for other purposes. both in the air and at the airport; and lege and in its most recent program review H.R. 624. An act to restrict the inclusion of conducted by the National Sea Grant Office Whereas, while significant measures have social security account numbers on Federal of the National Oceanic and Atmospheric Ad- been taken to enhance airport and traveler documents sent by mail, and for other pur- ministration was rated as ‘‘. . . exceeds ex- safety and security professionals are focused poses. pectations by a substantial margin in some on extensive security investments to protect Under the authority of the order of areas/aspects.’’; and airports and civilians from threats, consider- Whereas, Louisiana Sea Grant, similar to the Senate of January 3, 2017, the en- able vulnerabilities still remain; and the agricultural extension or ‘‘county agent’’ rolled bills were signed on September 8, Whereas, public areas of an airport, such as program of the United States Department of 2017, during the adjournment of the the baggage claim and ticket areas, remain Agriculture, provides many educational and Senate, by the Vice President. vulnerable because the focus of security is support services to local coastal commu- primarily devoted to screening passengers to nities and businesses, including our state’s f keep flights safe; and commercial fishermen; and Whereas, the perceived weaknesses of an MESSAGE FROM THE HOUSE Whereas, in 2015, Louisiana Sea Grant ac- airport can be transformed into potential tivities in the state resulted in $17.7 million At 4:46 p.m., a message from the strengths with appropriate security solu- in economic benefits, the establishment of House of Representatives, delivered by tions; and nearly one hundred twenty businesses, and Mr. Novotny, one of its reading clerks, Whereas, as security systems become more the educational experiences of nearly twen- announced that the House has passed reliable, competitively priced, and advanced, ty-nine thousand students in our elementary and there is better integration of products and secondary schools; and the following bill, in which it requests from various equipment manufacturers, se- Whereas, Louisiana Sea Grant was also the concurrence of the Senate: curity challenges can be overcome with ef- able to assist twenty-four communities in H.R. 3732. An act to amend section 1113 of fective solutions; and the development and implementation of sus- the Social Security Act to provide authority Whereas, in addition to detection and mon- tainable economic and environmental prac- for increased fiscal year 2017 and 2018 pay- itoring of movement prior to accessing the tices to the benefit of those communities and ments for temporary assistance to United terminal of airports, perimeter security their citizens; and

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.004 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5103 Whereas, Louisiana Sea Grant has been a eral energy policies because those coastal sive Master Plan for a Sustainable Coast’’ part of the first response to many coastal states have not been party to this same level which identifies and prioritizes the most effi- crises including hurricanes, floods, and even of revenue sharing partnership with the fed- cient and effective projects in order to meet the Deepwater Horizon oil disaster, and the eral government; and the state’s critical coastal protection and Louisiana Sea Grant has been an essential Whereas, coastal energy producing states restoration needs and has received many ac- part of the short-term and long-term recov- have a limited partnership with the federal colades from the country’s scientific commu- ery from those disasters by local coastal government that allows them to retain very nity; and communities; and little revenue generated from their offshore Whereas, the Coastal Protection and Res- Whereas, Louisiana Sea Grant annually energy production and transportation, and toration Authority is making great progress reaches more than twenty-five thousand of activities associated with energy that are implementing the projects in the ‘‘Com- our state’s kindergarten through twelfth produced and transported for use throughout prehensive Master Plan for a Sustainable grade schoolchildren through professional the nation; and Coast’’ with all available funding, projects development for teachers and development of Whereas, in 2006 the United States Con- that are essential to the protection of the in- student coastal stewardship activities and gress passed the Gulf of Mexico Energy Secu- frastructure that is critical to the energy has supported more than twelve hundred rity Act (GOMESA) from which the state of needs of the United States; and graduate and undergraduate students in Louisiana will begin receiving revenue shar- Whereas, the federal budget proposal re- their quest for applicable degrees and re- ing payments from mineral production in the leased on May 23, 2017, recommends the com- search opportunities, furthering the mission Gulf of Mexico in 2017; an Act that calls for plete elimination of the revenue sharing pay- of Louisiana Sea Grant to impart ‘‘. . . use- a sharing of thirty-seven and five tenths per- ments under the GOMESA Act, in effect ne- ful information to persons currently em- cent of coastal production revenues with gating the long-fought-for agreement that ployed or interested in the various fields re- four gulf states with a cap of $500 million per our congressional delegation along with the lated to the development of marine re- year; and delegations from the other Gulf of Mexico sources, the scientific community, and the Whereas, according to the most recent states had entered into with the federal gov- general public’’; and data from the United States Energy Informa- ernment to compensate those states for the Whereas, one of the programs slated to be tion Administration, Louisiana, including its infrastructure demands and damages; and cut by $30 million in the Fiscal Year 2018 state waters, is the ninth largest producer of Whereas, in order to properly compensate President’s budget request is the National oil in the United States while if offshore oil the coastal states for the infrastructure de- Sea Grant College Program with an addi- production from federal waters is included, it mands that result from production of energy tional Fiscal Year 2019 budget proposal that is the second largest oil producer in the and fuels that heat and cool the nation’s would eliminate funding for the Sea Grant country; and from wells located within the homes, offices, and businesses and fuel the program entirely; and state boundaries including the state waters, nation’s transportation needs, revenue shar- Whereas, the Fiscal Year 2018 proposed cut Louisiana is the fourth largest producer of ing for coastal states needs to at least be at would eliminate the remaining budget for gas in the United States while if gas produc- the same rate as interior states that produce the National Sea Grant College Program this tion from federal offshore waters in the Gulf oil, gas, and coal. Therefore, be it year and, if adopted, would terminate the of Mexico is included, it is the second largest Resolved, That the Legislature of Louisiana National Sea Grant Office on the day such a gas producer in the United States; and does hereby memorialize the United States budget cut became effective; and Whereas, with eighteen operating refin- Congress and the Louisiana Congressional Whereas, Louisiana Sea Grant provides eries in the state, Louisiana is second only Delegation to take such actions as are nec- vital services to the state of Louisiana and to Texas in both total number of refineries essary to treat oil and gas production in the its citizens through the scientific research, and total refinery operating capacity, ac- Gulf Coast states in a manner that is at least education, training, and extension projects counting for nearly one-fifth of the nation’s equal to onshore oil, gas, and coal produc- and programs that are aimed at preservation total refining capacity; and tion in interior states for revenue purposes; and practical development of coastal re- Whereas, Louisiana contributes to the and to rectify the revenue sharing inequities sources and the loss of these services would United States Strategic Petroleum Reserve between coastal and interior energy pro- deal a devastating blow to communities al- with two facilities located in the state con- ducing states in order to address the nation- ready stressed due to the magnitude of sisting of twenty-nine caverns capable of ally significant crisis of wetland loss in the coastal loss and repeated natural disasters, holding nearly three hundred million barrels state of Louisiana; and be it further Resolved, That the Legislature of Louisiana such as hurricanes and flooding: Therefore, of crude oil; and does hereby memorialize the United States be it Whereas, with three onshore liquified nat- Congress and the Louisiana Congressional Resolved, That the Legislature of Louisiana ural gas (LNG) facilities and others already Delegation, along with the delegations from does hereby memorialize the United States permitted, more LNG facilities than any the other Gulf of Mexico states, to ensure Congress to take such actions as are nec- other state in the country, and the Louisiana that the agreement codified through the Gulf essary to continue to provide appropriate Offshore Oil Port, the nation’s only deep- of Mexico Energy Security Act (GOMESA) and sufficient funding for the National Sea water oil port, Louisiana plays an essential remains in place and that the Gulf Coast Grant College Program, including that for role in the movement of natural gas from the states receive their anticipated revenue Louisiana Sea Grant; and be it further United States Gulf Coast region to markets Resolved, That a copy of this Resolution be throughout the country; and sharing payments during Fiscal Year 2017– transmitted to the presiding officers of the Whereas, it is apparent that Louisiana 2018 as outlined in the Act; and be it further Resolved, That a copy of this Resolution be Senate and the House of Representatives of plays an essential role in supplying the na- transmitted to the presiding officers of the the Congress of the United States of America tion with energy and it is vital to the secu- Senate and the House of Representatives of and to each member of the Louisiana con- rity of our nation’s energy supply, roles that the Congress of the United States of America gressional delegation. should be recognized and compensated at an appropriate revenue sharing level; and and to each member of the Louisiana Con- gressional Delegation. POM–84. A concurrent resolution adopted Whereas, the majority of the oil and gas by the Legislature of the State of Louisiana production from the Gulf of Mexico enters the United States through coastal Louisiana POM–85. A resolution adopted by the Sen- memorializing the United States Congress ate of the State of California relative to a and the Louisiana Congressional Delegation with all of the infrastructure necessary to receive and transport such production, infra- New Five-year National Offshore Oil and Gas to take such actions as are necessary to rec- Leasing Program on the Outer Continental tify the revenue sharing inequities between structure that has for many decades dam- aged the coastal areas of Louisiana, an im- Shelf; to the Committee on Energy and Nat- coastal and interior energy producing states ural Resources. and to ensure the dependability of such rev- pact that should be compensated through ap- SENATE RESOLUTION NO. 51 enue sharing, to the Committee on Energy propriate revenue sharing with the federal and Natural Resources. government; and Whereas, California’s iconic coastal and Whereas, because Louisiana is losing more marine waters are one of our state’s most HOUSE CONCURRENT RESOLUTION NO. 101 coastal wetlands than any other state in the precious resources, and, as elected officials, Whereas, since 1920, interior states with country, in 2006 the people of Louisiana over- it is our duty to ensure the long-term viabil- mineral production in the United States whelmingly approved a constitutional ity of California’s fish and wildlife resources, have been privy to a revenue sharing agree- amendment dedicating revenues received and thriving fishing, tourism, and recreation ment with the federal government that al- from Outer Continental Shelf oil and gas ac- sectors; and lowed those states to keep fifty percent of tivity through GOMESA to the Coastal Pro- Whereas, Hundreds of millions of Cali- the revenues generated in their states from tection and Restoration Fund for the pur- fornia residents and visitors enjoy the mineral production on federal lands within poses of coastal protection, including con- state’s ocean and coast for recreation, explo- their borders, including royalties, severance servation, coastal restoration, hurricane pro- ration, and relaxation; and tourism and taxes, and bonuses; and tection, and infrastructure directly impacted recreation comprise the largest sector of the Whereas, coastal states with onshore and by coastal wetland losses; and state’s $445 billion ocean economy; and offshore oil and gas production were not in- Whereas, the state of Louisiana has devel- Whereas, There have been no new offshore cluded in that revenue sharing agreement oped, through a science-based and stake- oil and gas leases in California since the 1969 and therefore face inequities under the fed- holder-involved process, a ‘‘2017 Comprehen- blowout of a well in federal waters; and

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.009 S11SEPT1 S5104 CONGRESSIONAL RECORD — SENATE September 11, 2017 Whereas, Beginning in 1921, and many Whereas, The California Senate has pre- Fiscal Oversight Board to assist the Govern- times since, the California Legislature has viously adopted Senate Resolutions 35 and 44 ment of Puerto Rico in managing its public enacted laws that withdrew certain offshore in 2017, which support the current federal finances and enable Puerto Rico to regain areas from oil and gas leasing, and by 1989 prohibition on new oil or gas drilling in fed- access to capital markets. the state’s offshore oil and gas leasing mora- eral waters offshore California, oppose at- During the floor debate on PROMESA, it torium was in place; and tempts to modify the prohibition, and defend was made clear that the intent of said fed- Whereas, In 1994, the California Legislature the United States’ National Marine Sanc- eral measure was to provide for the restruc- made findings in Assembly Bill 2444, Chapter tuaries; and turing of the debt without favoring any spe- 970 of the Statutes of 1994, that offshore oil Whereas, Secretary of the Interior Ryan cific creditor. To achieve this, the aforemen- and gas production in certain areas of state Zinke took action on June 29, 2017, to open tioned federal legislation requires trans- waters poses an unacceptably high risk of up a 45-day public comment period for a new parent audits along with annual fiscal and damage and disruption to the marine envi- five-year National Offshore Oil and Gas Leas- budget plans, and the temporary stay of liti- ronment; and ing Program on the Pacific coast’s Outer gations, to allow the Fiscal Oversight Board Whereas, In the same bill, the Legislature Continental Shelf pursuant to President a space for carrying out voluntary negotia- created the California Coastal Sanctuary Donald J. Trump’s Executive order on Amer- tions. Thus, it was made clear that Puerto Act, which included all of the state’s un- ican energy that was issued on April 28, 2017; Rico’s debt would be audited. In the words of leased waters subject to tidal influence and and Congressman Ryan: ‘‘Congress and the Presi- prohibited new oil and gas leases in the sanc- Whereas, Despite the Trump administra- dent will appoint the members of this board. tuary, unless the President of the United tion’s assertion of support for the program It will audit Puerto Rico’s books and make States has found a severe energy supply from state and local governments, the States sure the restructuring is open and fair interruption and has ordered distribution of of Washington, Oregon, and California have [...].’’ the Strategic Petroleum Reserve, the Gov- been consistently united in their opposition In light of such reality and as part of said ernor finds that the energy resources of the to any new oil and gas activities off their processes and the approval of PROMESA, sanctuary will contribute significantly to al- coasts, which has resulted in the exclusion of Section 411 was incorporated, directing the leviating that interruption, and the Legisla- the Pacific coast’s Outer Continental Shelf Comptroller General of the United States to ture subsequently amends Chapter 970 of the from any National Outer Continental Shelf submit reports on the public debt of the ter- Statutes of 1994 to allow that extraction; and Program since the 1989–1992 program; now, ritory, that is, Puerto Rico, within a year of Whereas, Section 18 of the federal Outer therefore, be it enactment, and thereafter not less than once Continental Shelf Lands Act (43 U.S.C. Sec. Resolved by the Senate of the State of Cali- every two years. Said report would include 1331 et seq.) requires the preparation of a na- fornia, That the Senate strongly urges the the historical levels of public debt, current tionwide offshore oil and gas leasing pro- President and the Congress of the United amount and composition thereof, and future gram that sets a five-year schedule of lease States to permanently safeguard and protect projections of each territory’s public debt. It sales implemented by the Bureau of Ocean the Pacific coast’s Outer Continental Shelf should also include the historical levels of Energy Management within the United from new oil and gas leasing, and declares each territory’s revenue, current amount States Department of the Interior; and and composition of each territory’s revenue, Whereas, Consistent with the principles of the Senate’s unequivocal support for the cur- and future projections of each territory’s Section 18 and the resulting regionally tai- rent federal prohibition on new oil or gas lored leasing strategy, the current exclusion drilling in federal waters offshore of the Pa- revenue. Moreover, the report shall state the of the Pacific Outer Continental Shelf from cific coast, its opposition to the proposed drivers and composition of the public debt as new oil and gas development is consistent five-year National Offshore Oil and Gas Leas- well as the ability of each territory to repay with the longstanding interests of Pacific ing Program on the Outer Continental Shelf its public debt. To fulfill said undertaking, coast states, as framed in the 2006 West or any attempts to modify that prohibition, the Government of Puerto Rico would pro- Coast Governors’ Agreement on Ocean and its determination to consider any appro- vide the Comptroller General with any infor- Health adopted by the Governors of Cali- priate actions to maintain the current prohi- mation necessary to carry out said statutory fornia, Washington, and Oregon; and bition; and be it further task. Whereas, In November 2016, the federal Bu- Resolved, That the Secretary of the Senate The approval of PROMESA and Section 411 reau of Ocean Energy Management released transmit a copy of this resolution to the Na- invalidated the functions of the Commission a final 2017–2022 leasing program that con- tional Program Manager of the federal Bu- for the Comprehensive Audit of the Public tinues the moratorium on oil and gas leasing reau of Ocean Energy Management as the Credit (hereinafter, the Commission) created in the undeveloped areas of the Pacific Outer public comment of the Legislature in opposi- under Act No. 97–2015, to set a fiscal and fi- Continental Shelf; and tion to the proposed new five-year National nancial restructuring process in motion in Whereas, Governor Brown, in December Offshore Oil and Gas Leasing Program on the order to audit the entire public debt of Puer- 2016, requested that then President Obama Outer Continental Shelf; and be it further to Rico. Consequently, the Commission’s permanently withdraw California’s Outer Resolved, That the Secretary of the Senate purpose became redundant, entailing super- Continental Shelf from new oil and gas leas- transmit copies of this resolution to the fluous public spending. ing, and along with previous California Gov- President and the Vice President of the The objectives of the Commission were ernors, has united with the Governors of Or- United States, to the Governor of California, considered even during the incorporation of egon and Washington in an effort to commit to the Majority and Minority Leaders of the Section 411 to PROMESA. For such reason, to developing robust renewable energy United States Senate, to the Speaker and upon the enactment of said federal statute, sources to reduce our dependence on fossil the Minority Leader of the United States it was clearly stated in Section 413 that the fuel and help us reach our carbon emission House of Representatives, to each Senator functions of the Commission would be inde- goals; and and Representative from California in the pendent to those provided in PROMESA. Whereas, The California Legislature has Congress of the United States, to the Sec- Furthermore, it was stated that ‘‘[...] led the nation with its landmark climate retary of the United States Department of this particular amendment does not override change legislation, requiring ambitious the Interior, to the Director of the federal the authority of the oversight board.’’ There- greenhouse gas emission reductions of a 40- Bureau of Ocean Energy Management, and to fore, given the fiscal situation facing the Is- percent emissions reduction below 1990 levels each member of the California State Senate land, it would be contradictory to allocate by 2030, and achieving a renewables portfolio and Assembly. resources and efforts, when the provisions of standard of 50 percent by 2030; California PROMESA require an audit conducted by the must lead the nation in fostering the transi- POM–86. A concurrent resolution adopted Comptroller General of the United States. tion away from offshore fossil fuel produc- by the Legislative Assembly of the Common- Consequently, and in accordance with tion to protect both our climate and oceans wealth of Puerto Rico requesting the Comp- PROMESA’s provisions, the Comptroller from the damaging impacts of climate troller General of the United States comply General of the United States is entrusted change, which will affect all life on earth for with the provisions of Section 411 of Public with the audit Puerto Rico’s debt, including generations to come; and Law 114–187, known as the ‘‘Puerto Rico the historical levels, current amount and Whereas, President Trump’s proposed five- Oversight, Management, and Economic Sta- composition thereof in the best interest of year National Offshore Oil and Gas Leasing bility Act,’’ in order to conduct and submit the People of Puerto Rico. Thusly, we obtain Program represents a renewed call for open- to the United States Congress an audit of the an independent and transparent evaluation ing offshore areas for drilling and for lifting public debt of the territory of Puerto Rico; of accountability that may be free from col- moratoriums on energy production in federal to the Committee on Energy and Natural Re- lateral attack and that may be effectively areas, that could lead to more oil spills, in- sources. used by the Fiscal Oversight Board in car- creased dependence on fossil fuel, and more rying out the task entrusted thereto under S. CON. RES. 17 damaging impact from climate change; and PROMESA. Whereas, The California Legislature con- STATEMENT OF MOTIVES Be it Resolved by the Legislative Assembly of siders new oil and gas development offshore The Government of Puerto Rico is under Puerto Rico: of the Pacific coast to be a threat to the na- the control of the ‘‘Puerto Rico Oversight, Section 1.—The Comptroller General of the tion’s economy and national security, and to Management, and Economic Stability Act’’ United States is hereby required to comply the state’s ambitious renewable energy (PROMESA), passed on June 30, 2016. Said with the provisions of Section 411 of Public goals; and federal statute provides for the creation of a Law 114–187, known as the ‘‘Puerto Rico

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.012 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5105 Oversight, Management, and Economic Sta- S. Environmental Protection Agency is like essary to complete the Comite River Diver- bility Act,’’ in order to conduct and submit putting an arsonist in charge of fighting sion Canal Project; and be it further to the U.S. Congress an audit of the public fires He is a climate science denier who, as Resolved, That the Legislature of Louisiana debt of the territory of Puerto Rico. Attorney General for the state of Oklahoma, does hereby memorialize the United States Section 2.—A copy of this Concurrent Res- regularly conspired with the fossil fuel in- Congress to take such actions as are nec- olution, translated into English, shall be de- dustry to attack EPA protections. Nothing essary to authorize the use of Hazard Mitiga- livered to the President of the United States, less than our children’s health is at stake tion Grant Program funds to complete the the leadership of the United States Congress, . . .’’; and construction of an authorized United States the Resident Commissioner of Puerto Rico in Whereas, Instead of nominating a person Army Corps of Engineers project under the Washington D.C., and the media for its dis- who seeks to promote the lobbying agenda of current emergency rules and circumstances; closure. special interests and believes that strong en- and be it further Section 3.—This Concurrent Resolution vironmental protections are obstacles that Resolved, That a copy of this Resolution be shall take effect immediately after its ap- should be dismantled, the President should transmitted to the presiding officers of the proval. nominate a person who is guided by science Senate and the House of Representatives of and will work to ensure that residents of this the Congress of the United States of America POM–87. A resolution adopted by the Gen- country have clean air to breathe, clean and to each member of the Louisiana con- eral Assembly of the State of New Jersey op- water to drink, clean soils on which to live gressional delegation. posing the President of the United States’s and play, and jobs that do not endanger their nomination for Administrator of the United public health and safety; and POM–89. A resolution adopted by the Gen- States Environmental Protection Agency, Whereas, In order to protect the health, eral Assembly of the State of New Jersey and urging the United States Congress to op- safety, and welfare of the country’s residents urging the United States Senate not to enact pose the nomination, to the Committee on and its natural resources, it is altogether fit- H.R. 1628, the ‘‘American Health Care Act of Environment and Public Works. ting and proper for this House to object to 2017’’, to the Committee on Finance. ASSEMBLY RESOLUTION NO. 211 the President’s nomination of Scott Pruitt ASSEMBLY RESOLUTION NO. 252 as Administrator of the United States Envi- Whereas, Created in the wake of elevated Whereas, the Patient Protection and Af- ronmental Protection Agency: Now, there- concern about environmental pollution, the fordable Care Act (ACA), which was signed fore, be it United States Environmental Protection into law on March 23, 2010, established a Resolved by the General Assembly of the State Agency (EPA) was established on December comprehensive series of health insurance re- of New Jersey: 2, 1970 to consolidate in one agency a variety forms designed to make universal, quality, 1. This House strongly opposes President of federal research, monitoring, standard- affordable health coverage available to all Trump’s nomination of Scott Pruitt as Ad- setting, and enforcement activities to ensure Americans while ending certain common ministrator of the United States Environ- protection of the environment and public health insurance industry practices that lim- mental Protection Agency and urges the health; and ited access to coverage; and United States Congress to oppose this nomi- Whereas, With a stated mission to protect Whereas, since its enactment, the ACA has nation, the environment and human health, the helped reduce the number of people without 2. Copies of this resolution, as filed with EPA, since its inception, has been working health insurance through the use of tax sub- the Secretary of State, shall be transmitted for a cleaner, healthier environment for the sidies, coverage mandates, and expansions to by the Clerk of the General Assembly to the American people; and Medicaid. In New Jersey alone, an additional President of the United States, the President Whereas, The EPA’s primary focus has al- 480,000 people obtained coverage under the of the United States Senate, the Senate Ma- ways been, and should be, protecting resi- Medicaid expansion, and the uninsured rate jority Leader, the Senate Minority Leader, dents of this country from threats to their in the State was reduced to 8.7 percent, rep- the Speaker of the United States House of air, water, and health, not serving as an ad- resenting a 34 percent decrease in the unin- Representatives, the Minority Leader of the vocate for the interests of the very indus- sured population between 2013 and 2015: and United States House of Representatives, and tries that it is charged with regulating; and Whereas, on March 20, 2017, H.R.1628, the each member of Congress elected from the Whereas, President Trump nominated American Health Care Act of 2017 (AHCA), State of New Jersey. Scott Pruitt, the attorney general of the oil sometimes known as ‘‘Trumpcare,’’ was in- and natural gas-intensive state of Oklahoma, troduced in the United States House of Rep- POM–88. A concurrent resolution adopted to serve as Administrator of the EPA; and resentatives. On May 4, 2017, the House voted by the Legislature of the State of Louisiana Whereas, Mr. Pruitt has spent much of his to pass the bill; and memorializing the United States Congress to energy as attorney general fighting the very Whereas, on March 23, 2017, the non- take such actions as are necessary to com- agency he is being nominated to lead, and partisan Congressional Budget Office (CBO) plete the Comite River Diversion Canal according to a biography publicly available estimated that the AHCA would result in an Project, and to take such actions as are nec- on the website of the Oklahoma Office of the additional 24 million people being without essary to authorize the use of Hazard Mitiga- Attorney General, Mr. Pruitt ‘‘is a leading health insurance by 2026, as compared with tion Grant Program funds to complete the advocate against the EPA’s activist agenda’’; the uninsured rate under the ACA. Although construction of an authorized United States and the House of Representatives amended the Army Corps of Engineers project under the Whereas, As Oklahoma Attorney General, bill prior to passage, the membership did not current emergency rules and circumstances, Mr. Pruitt has engaged in lawsuits opposing wait for a new CBO score before holding a to the Committee on Environment and Pub- EPA’s policies aimed at protecting air qual- vote, suggesting the House passed the bill lic Works. ity and water quality, including being part without the benefit of an impartial analysis of the coalition of state attorney generals HOUSE CONCURRENT RESOLUTION NO. 97 of its potential effects; and suing the EPA over its Clean Power Plan, Whereas, the flooding of August 2016 was Whereas, as passed by the House of Rep- which is aimed at reducing greenhouse gas declared a state and national disaster result- resentatives, the AHCA would eliminate emissions from the electricity sector, its ing in the loss of life and destruction of prop- many of the provisions of the ACA that were regulations seeking to curtail emissions of erty; and designed to expand access to health insur- methane, a powerful greenhouse gas, from Whereas, the Comite River Diversion Canal ance, including rolling back the Medicaid ex- the oil and natural gas sector, and its regula- Project remains incomplete twenty-five pansion; and tion concerning the definition of ‘‘Waters of years after its authorization and if com- Whereas, in its current form, Trumpcare the United States,’’ which defines the rivers, pleted could have substantially reduced flood would revise the way tax subsidies are struc- streams, lakes, and marshes that fall under stages by as much as five feet and mitigated tured and allow states to opt out of certain the protection of the EPA and the United the devastation caused by the floods; and ACA protections designed to prevent certain States Army Corps of Engineers; and Whereas, approximately $117 million of industry practices that limited access to Whereas, According to numerous press re- local, state, and federal funding has been in- health care for women and individuals with ports, President Trump has said ‘‘For too vested in the project; and preexisting conditions; and long, the Environmental Protection Agency Whereas, the state of Louisiana anticipates Whereas, specifically, under the current has spent taxpayer dollars on an out-of-con- receiving Hazard Mitigation Grant Program version of the AHCA, states would be allowed trol anti-energy agenda that has destroyed funding from the Federal Emergency Man- to opt out of the requirement that all health millions of Jobs’’; and agement Agency as a result of the flood and insurance policies include coverage for es- Whereas, Strong environmental standards the national declaration of emergency; and sential health benefits, including emergency that protect public health and the environ- Whereas, the flood of 2016 has shown the services, habilitative and rehabilitative serv- mental resources of this country are not con- urgent need to complete the project as a ices, inpatient care, outpatient care, mater- trary to a strong economy and the creation means to protect life and property in the fu- nity and newborn care, mental health and of jobs; and ture as citizens impacted by the flood rebuild addiction treatment, lab tests, preventative Whereas, The Sierra Club, the nation’s their homes and lives: Therefore, be it care, prescriptions, and pediatric services; largest environmental organization, released Resolved, That the Legislature of Louisiana and the following statement about the nomina- does hereby memorialize the United States Whereas, before enactment of the ACA, tion. ‘‘Having Scott Pruitt in charge of the U Congress to take such actions as are nec- women who wanted coverage for maternity

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.015 S11SEPT1 S5106 CONGRESSIONAL RECORD — SENATE September 11, 2017 and newborn care were frequently charged would allocate an average $353 million to ture; similarly, fossil energy advocates who premiums and deductibles that nearly each state, leaving New Jersey with a $437 have recognized the role carbon capture can matched the out of pocket costs for those million funding gap, the 11th highest in the play in creating new opportunities support services. Experts predict that, in states that nation; and the development and deployment of carbon opt out of the maternity and newborn care Whereas, numerous health care groups capture technologies for fossil fuels; and coverage requirement, women will again be have expressed opposition to the AHCA, in- Whereas, The United States and Texas charged significantly higher rates for this cluding the American Medical Association, have abundant supplies of fossil energy, the coverage; and the American Hospital Association, the production and use of which provide impor- Whereas, the nation is currently in the American Academy of Family Physicians, tant economic, energy, and national security midst of an opioid addiction epidemic that the National Alliance on Mental Illness, and benefits to our nation and our state; Texas is has caused overdose and mortality rates to the American Diabetes Association; and the nation’s largest producer of natural gas, skyrocket. Efforts to address and curtail Whereas, an increase in the number of un- oil, lignite coal, and fossil fuels in total, and opioid addiction could be significantly ham- insured individuals will likely increase costs it has the nation’s largest proved reserves of pered in states that opt out of mandatory for hospitals, which are required to treat both natural gas and oil, as well as the coverage for mental health and addiction anyone who presents at the emergency de- ninth-largest recoverable reserves of coal; it treatment; and partment, regardless of their coverage sta- is the nation’s largest consumer of coal for Whereas, prior to enactment of the ACA, tus. In New Jersey, expanded Medicaid cov- electricity generation and the largest con- insurers denied coverage to people with pre- erage under the ACA resulted in $400 million sumer of natural gas for both electricity gen- existing conditions or charged them signifi- in cost savings from payments to hospitals eration and industrial use; 77 percent of the cantly higher premiums and deductibles; 35 to offset the cost of caring for individuals electricity generated in Texas is produced states and the federal government created without insurance. These gains are likely to from the use of fossil fuels; and Whereas, Reliable and affordable elec- high risk pools to attempt to provide cov- be erased under Trumpcare to its current tricity is vital to economic growth and job erage to these individuals, however, the form; and creation and to the well-being of all citizens; pools were expensive to operate and required Whereas, if enacted, the AHCA will elimi- according to the U.S. Department of Energy, significant governmental subsidies. Even nate health security for millions of Ameri- ‘‘A diverse portfolio of energy resources is with the subsidies, the pools were generally cans, particularly older adults, women, and critical to U.S. energy and national policy unable to provide coverage to everyone with individuals with preexisting conditions. The . . . being more robust and resilient in com- a preexisting condition, and many pools im- United States Senate has both the oppor- parison to a system that is heavily depend- plemented waiting lists, annual and lifetime tunity and the responsibility to stop this dis- ent on a limited set of energy resources . . . limits on coverage, high deductibles, and astrous legislation from becoming law; Now, [and] helps insulate the economy from cer- waiting periods before coverage began; and therefore, be it tain risks, including price volatility and Whereas, in its current form, Trumpcare Resolved, by the General Assembly of the risks from supply disruptions’’; and would replace coverage protections for peo- State of New Jersey: Whereas, Texas is a leader in the research ple with preexisting conditions with the 1. The General Assembly of New Jersey re- and development of technologies that pro- same high risk pools that failed in the past. spectfully urges the United States Senate vide clean, safe, and reliable power genera- According to an analysis published by not to enact H.R. 1628, titled the American tion, and it is committed to continued re- Avelere, the $23 billion included in the Health Care Act of 2017. search and development of carbon reduction Trumpcare plan to fund the pools would 2. Copies of this resolution, as filed with strategies for fossil fuels, including existing cover approximately five percent of the 2.2 the Secretary of State, shall be transmitted and emerging CCUS technologies such as ge- million people with preexisting conditions; by the Clerk of the General Assembly to the ological sequestration, mineral carbonation, the Commonwealth Fund estimates that President and Vice President of the United and the beneficial use of captured carbon di- high risk pools will require $178 billion in States, the Majority and Minority Leaders of oxide; and funding each year to coves everyone with a the United States Senate, the Speaker and Whereas, In Texas, many academic, pri- preexisting condition; and Minority Leader of the United States House vate, and governmental initiatives and insti- Whereas, New Jersey Policy Perspective of Representatives, and every member of the tutions are engaged in efforts to address the predicts that rolling back the Medicaid ex- Congress of the United States elected from environmental, health, and economic im- pansion will eliminate coverage for 562,000 the State of New Jersey. pacts of energy production and use through people in New Jersey, and permanent struc- collaborations on applied CO2 research, prac- tural changes to Medicaid will jeopardize POM–90. A resolution adopted by the House tical applications, workforce development, coverage for an additional 1.8 million State of Representatives of the Legislature of the and public education; among them are the residents, including seniors, people with dis- State of Texas urging the United States Con- Petra Nova Project at the W. A. Parish Elec- abilities, and children; and gress to support policies to increase the tric Generating Station in Fort Bend Coun- Whereas, under the AHCA, it is estimated operational efficiency, and thereby the envi- ty, the Texas Clean Energy Project in Ector that a total of 1.25 million New Jersey resi- ronmental performance, of existing electric- County, the NET Power project in Harris dents will be uninsured by 2020. This would generating units and to support the preser- County, the Energy and Environment Initia- be an increase of 127,000 over the number of vation of a fuel-diverse electric generation tive at Rice University, the Texas Carbon uninsured people prior to the enactment of portfolio critical to our domestic economic, Management Project, and the Gulf Coast the ACA, and includes 86,000 people who had energy, and national security; to the Com- Carbon Center at The University of Texas at coverage under Medicaid prior to enactment mittee on Finance. Austin; and of the ACA, but are expected to lose coverage Whereas, Legislation was introduced in the H.R. NO. 1833 because the State will not be able to replace 114th U.S. Congress to enhance and extend lost federal funding; and Whereas, Fossil fuels, including coal, nat- current federal tax incentives, under Section Whereas, it would cost New Jersey an esti- ural gas, and oil, currently meet more than 45Q of the Internal Revenue Code, that sus- mated $8.8 billion over the next decade to three quarters of primary global energy de- tain and promote such collaborations and en- maintain Medicaid coverage at the expanded mand around the world and in the United courage private industry in energy genera- levels, assuming there is no increase in en- States; and tion, manufacturing, and agriculture to rollment; and Whereas, According to the International adopt and deploy existing and emerging Whereas, according to New Jersey Policy Energy Agency, under current energy and technologies that increase carbon capture, Perspective, caps on Medicaid spending environmental policies, fossil fuels will con- utilization, and storage; environmental and under Trumpcare will cost New Jersey $30 tinue to play a role of this magnitude for the energy advocates have come together in sup- billion in federal funds and potentially result next quarter century or more; even assuming port of this legislation in a groundbreaking in tens of thousands of lost jobs; and global adoption of policies consistent with coalition of environmental advocacy groups, Whereas, the AHCA is expected to increase the IEA’s ‘‘climate-stabilizing’’ 450 Scenario, labor unions, and energy producers from the out-of-pocket health care costs by an aver- more than half of total worldwide and U.S. coal, oil and gas, ethanol, and algae-biomass age of $2,740 per year for each of the 250,000 energy demand would still be met by fossil industries; moreover, the legislation has re- New Jersey residents who purchase insur- fuels in 2040; and ceived strong bipartisan support in both the ance through the ACA marketplace; and Whereas, The U.S. Department of Energy United States Senate and the United States Whereas, although the AHCA would pro- has reported that ‘‘carbon capture, utiliza- House of Representatives; and vide 250 New Jersey millionaires with a fed- tion, and storage technologies provide a key Whereas, Congress and the president are eral tax break averaging $57,000 per year, it pathway to address the urgent U.S. and glob- also currently considering a large-scale fed- is expected to increase federal taxes by 30 al need for affordable, secure, resilient, and eral infrastructure initiative to strengthen percent for middle and lower income New reliable sources of clean energy’’; environ- our nation’s transportation, public works, Jerseyans; and mental advocates who recognize the value and energy infrastructure, which could also Whereas, the Center for American Progress and enduring role of fossil fuels as an essen- serve as a vehicle for advancing ‘‘jobs-ready’’ conservatively estimates that it will cost tial source of energy have come to support carbon capture projects; the U.S. Depart- $790 million per year to provide health cov- the accelerated development and broad de- ment of Energy has determined that ‘‘a com- erage for the 37,000 New Jerseyans with a ployment of carbon capture technologies for bination of tax incentives and research, de- preexisting condition. Currently, the AHCA fossil fuels as part of a sustainable energy fu- velopment, demonstration, and deployment

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.017 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5107 (RDD&D) will be critical to developing Whereas, Social Security prevents more tion of the administrative costs of private transformational carbon capture tech- than 1.9 million Californians from living in health care plans; and nologies and to driving down the costs of poverty; and Whereas, Medicare has controlled its costs capture’’; and Whereas, Social Security is even more im- of care better than private insurance plans; Whereas, The Lone Star State has long portant to rural Californians, one in 4 of and been committed to a forward-looking energy whom received benefits in 2014, than to met- Whereas, Other nations, which essentially strategy that maximizes both environmental ropolitan Californians, one in 7 of whom re- have Medicare for all of their citizens, are quality and economic opportunity; Now, ceived benefits; and able to provide high-quality health care at a therefore, be it Whereas, Social Security benefits annually fraction of the cost and with better health Resolved, That the House of Representa- contribute over $80 billion to our state’s care outcomes; and tives of the 85th Texas Legislature hereby re- economy; and Whereas, Current proposals in Congress to spectfully urge the Congress of the United Whereas, Social Security provides benefits radically reduce Medicare to a ‘‘premium States to enact legislation to expand and ex- to over 9 million veterans nationwide, which support’’ or ‘‘voucher’’ program and to fur- tend the current federal tax credit for carbon is about 4 out of every 10 veterans; and ther privatize the system would result in in- capture, utilization, and storage under Sec- Whereas, Our nation is facing a retirement creased health care insecurity and costs for tion 45Q of the Internal Revenue Code; and, income crisis as the result of the decline of seniors and disabled beneficiaries and reduce be it further traditional pensions, the failure of 401(k) bal- the ability of our government to contain our Resolved, That the Texas House of Rep- ances, and the stagnation or even decline in nation’s overall health care expenditures, resentatives respectfully urge Congress to many areas of home equity and earnings, all which currently equal 17.8 percent of our provide appropriations to the U.S. Depart- of which have caused many workers to fear gross domestic product (GDP), by far the ment of Energy sufficient to achieve and sus- that they will never be able to retire and highest relative cost of any industrialized tain a robust carbon capture research, devel- maintain their standard of living; and nation (the euro area’s costs are about 8 per- opment, demonstration, and deployment pro- Whereas, 47 percent of elderly Californians cent); and gram and to support the inclusion of eco- are struggling just to make ends meet and Whereas, Medicaid is our nation’s most im- nomically and environmentally beneficial more than half of working Californians will portant source of long-term care, as well as carbon capture projects in any forthcoming not have saved enough to be able to main- vital insurance for our most vulnerable sen- federal infrastructure initiative; and, be it tain their standard of living in retirement; iors, children, and people with disabilities, further and providing health coverage to over 74 million Resolved, That the Texas House of Rep- Whereas, Improving Social Security bene- people; and resentatives respectfully urge Congress to fits is a solution to the retirement crisis; as Whereas, Medicaid provides health cov- support policies to increase the operational well as to other serious problems such as ris- erage to over 12 million Californians whose efficiency, and thereby the environmental ing income and wealth inequality; and economic circumstances preclude them from performance, of existing electric-generating Whereas, Social Security’s funding is inde- participating in the private health care in- units and to support the preservation of a pendent of that of the rest of the federal gov- surance system, yet who need and deserve fuel-diverse electric generation portfolio ernment, and has never contributed to, and medical treatment as much as any American critical to our domestic economic, energy, by law can never contribute to, the federal in better economic circumstances; and and national security; and, be it further deficit; and Whereas, Current Congressional proposals Resolved, That the chief clerk forward offi- Whereas, Social Security in fact had a sur- to limit federal Medicaid funding through cial copies of this resolution to the president plus of $2.8 trillion at the end of 2015 that is the use of block grants to the states threaten of the United States, to the president of the expected to grow to $2.9 trillion by 2020; and to severely limit Medicaid’s ability to pro- Senate and the speaker of the House of Rep- Whereas, Social Security has sufficient re- vide adequate health care coverage to the resentatives of the United States Congress, sources to meet all its obligations through most vulnerable among us; and and to all the members of the Texas delega- 2034 and has dedicated revenues that would Whereas, Our Social Security, Medicare, tion to Congress with the request that this meet three-quarters of promised benefits and Medicaid systems are fundamental to resolution be entered in the Congressional thereafter; and protecting against risks to which all Califor- Record as a memorial to the Congress of the Whereas, Social Security’s funding short- nians are subject; and United States of America. fall after 2034 is modest: about half the cost Whereas, Our Social Security, Medicare, of the Bush tax cuts of 2001 and 2003; and and Medicaid systems give expression to POM–91. A joint resolution adopted by the Whereas, There are many policy options widely held values, including caring for our Legislature of the State of California oppos- available to Congress to close Social Secu- families, our neighbors, and ourselves, per- ing cuts to and proposals to privatize Social rity’s long-term funding gap and to improve sonal responsibility, hard work, and personal Security, Medicare, and Medicaid and calling its benefits, including eliminating or in- dignity; now, therefore, be it on California’s Representatives in the United creasing the cap on earnings subject to the Resolved by the Assembly and the Senate of States Congress to vote against cuts and pro- payroll tax, or gradually increasing the con- the State of California, jointly, That the Legis- posals to privatize and to support legislation tribution rate from 6.2 percent to 7.2 percent, lature opposes cuts to and proposals to pri- to improve and expand these systems to or subjecting investment income to Social vatize Social Security, Medicare, and Med- strengthen their protections, to the Com- Security contributions, or treating contribu- icaid and calls on our state’s Representatives mittee on Finance. tions to all salary reduction plans like 401(k) in Congress to vote against cuts and pro- ASSEMBLY JOINT RESOLUTION NO. 8 plans as covered earnings for Social Secu- posals to privatize and to support legislation Whereas, Social Security, Medicare, and rity, or by dedicating revenues from progres- to improve and expand these systems to Medicaid are the foundation of the income sive taxes like the estate tax or a financial strengthen their protections; and be it fur- and health security of older Americans, transactions tax to pay part of the future ther younger Americans with permanent and se- cost of Social Security; and Resolved, That the Legislature calls on the vere disabilities, and American families, Whereas, According to a multigeneration President of the United States to honor his whose economic circumstances preclude study conducted by the National Academy of campaign promise not to cut these programs, them from purchasing health insurance in Social Insurance, 77 percent of Americans (69 to veto any legislation to do so, and to work the private market; and percent of Republicans, 84 percent of Demo- with Congress to expand and improve these Whereas, Social Security is our nation’s crats, and 76 percent of Independents) agree programs; and be it further most important source of retirement in- that it is critical to preserve Social Security Resolved, That the Chief Clerk of the As- come, providing more than half the income for future generations even if it means in- sembly transmit copies of this resolution to of two-thirds of senior beneficiaries and vir- creasing taxes paid by working Americans, the President and Vice President of the tually all the income of one-third of them; and there is even greater multipartisan sup- United States, to the Speaker of the House its most important source of disability in- port (71 percent of Republicans, 92 percent of of Representatives, to the Majority Leader of surance; and its most important life insur- Democrats, and 84 percent of Independents) the Senate, and to each Senator and Rep- ance program; and for preserving it by increasing taxes paid by resentative from California in the Congress Whereas, Social Security and Medicare are wealthier Americans; and of the United States. the foundations of income and health secu- Whereas, Medicare has provided health POM–92. A resolution adopted by the House rity for older Californians and those with se- care in retirement since 1965 and in dis- of Representatives of the Legislature of the vere work disabilities, providing monthly ability since 1972 to several generations of State of Texas urging the United States Con- cash benefits and health insurance to over American workers; and gress to recognize the importance of trade 5.5 million residents, including almost 4 mil- Whereas, Medicare now covers over 5.6 mil- between Texas and Mexico and foster inter- lion retired workers and over 700,000 disabled lion Californians, providing over $50 billion national commerce, to the Committee on Fi- workers; and in benefits to California’s senior and disabled Whereas, Social Security is the single most beneficiaries in 2009 (22 percent of all health nance. important source of life insurance for Cali- spending in the state); and H.R. NO. 1025 fornia’s children, which currently provides a Whereas, Medicare insures these people, Whereas, Trade between Texas and Mexico virtually guaranteed income to over 350,000 who represent the part of our population plays a vital role in the economic prosperity children throughout our state; and with the highest health care costs, at a frac- of the Lone Star State; and

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.018 S11SEPT1 S5108 CONGRESSIONAL RECORD — SENATE September 11, 2017 Whereas, Each year, Texas sends about 36 administrations in defending Israel in inter- to oppose and veto United Nations Security percent of the state’s total exports to Mex- national forums, including vetoing one-sided Council resolutions that seek to impose solu- ico, and in 2015, exports to Mexico totaled resolutions in 1995, 1997, 2001, 2002, 2003, 2004, tions to final-status issues or are one-sided nearly $92.5 million; goods exported to Mex- 2006, and 2011 before the United Nations Se- and anti-Israel, reversing decades of bipar- ico include computer and electronic prod- curity Council, and tisan agreement. ucts, petroleum and coal products, chemi- Whereas, the United States recently signed (2) The passage of United Nations Security cals, machinery, and transportation equip- a new memorandum of understanding with Council Resolution 2334 undermines the pros- ment, all of which are produced by industries the Israeli government regarding security pect of Israelis and Palestinians resuming that supply hundreds of thousands of jobs to assistance, consistent with long-standing productive, direct, bilateral negotiations. the Lone Star State; and support for Israel among successive adminis- (3) The passage of United Nations Security Whereas, Since the ratification of the trations and Congresses and representing an Council Resolution 2334 contributes to the North American Free Trade Agreement in important United States commitment to- politically motivated acts of boycotting, di- 1994, the export of U.S. goods to Mexico has ward Israel’s qualitative military edge, and vesting from, and sanctioning Israel and rep- risen 325 percent, while imports into the Whereas, on November 29, 2016, the United resents a concerted effort to extract conces- United States from Mexico have increased States House of Representatives unani- sions from Israel outside of direct, bilateral 458 percent; in 2012, Americans spent $277.5 mously passed House Concurrent Resolution negotiations between the Israelis and Pal- billion for goods from Mexico, and Mexico is 165, expressing and reaffirming long-standing estinians, which must be actively rejected. (4) Any future measures taken by any or- America’s third-largest supplier of oil, after United States policy in support of a direct, ganization, including the United Nations Se- Canada and Saudi Arabia; additionally, near- bilaterally negotiated settlement of the curity Council, to impose an agreement or ly half of the tomatoes and two-thirds of the Israeli-Palestinian conflict and in opposition parameters for an agreement will set back mangoes consumed in the United States to United Nations Security Council resolu- the peace process, harm the security of come from Mexico; and tions that impose a solution to the conflict, Israel, contradict the enduring bipartisan Whereas, The importance of this trade to and consensus on strengthening the United Texas border cities, counties, and businesses Whereas, on December 23, 2016, the United States-Israel relationship, and weaken sup- is very significant, and disruption to inter- States Permanent Representative to the United Nations disregarded House Concur- port for such organizations. national commerce would be economically (5) A durable and sustainable peace agree- rent Resolution 165 and departed from long- damaging; and ment between Israel and the Palestinians is standing United States policy by abstaining Whereas, Mexico is the largest trading only possible with direct, bilateral negotia- and permitting United Nations Security partner of Texas and the third-largest of the tions between the parties resulting in a Jew- Council Resolution 2334 to be adopted under United States, and it is imperative that our ish, democratic state living next to a demili- Chapter VI of the United Nations Charter, federal government take proactive steps to tarized Palestinian state in peace and secu- and strengthen ties with Mexico and build rity. Whereas, the United States’ abstention on bridges of economic opportunity that will (6) The United States government should United Nations Security Council Resolution benefit Texas and the entire nation: Now, work to facilitate serious, direct, uncondi- therefore, be it 2334 contradicts the Oslo Accords and its as- tional negotiations between the parties to- Resolved, That the House of Representa- sociated process that is predicated on resolv- ward a sustainable peace agreement. tives of the 85th Texas Legislature hereby ing the Israeli-Palestinian conflict between (7) The United States government should urge the United states Congress to recognize the parties through direct, bilateral negotia- oppose and veto future one-sided, anti-Israel the importance of trade between Texas and tions, and United Nations Security Council resolutions Mexico and foster international commerce; Whereas, United States Security Council that seek to impose solutions to final-status and, be it further Resolution 2334 claims that ‘‘the establish- issues. Resolved, That the chief clerk of the house ment by Israel of settlements in the Pales- That the Florida House of Representatives forward official copies of this resolution to tinian territory occupied since 1967, includ- opposes and requests the repeal or funda- the president of the United States, to the ing East Jerusalem, has no legal validity and mental alteration of United Nations Secu- president of the Senate and the speaker of constitutes a flagrant violation under inter- rity Council Resolution 2334 so that the reso- the House of Representatives of the United national law and a major obstacle to the lution: States Congress, and to all the members of achievement of the two-State solution and a (1) Is no longer one-sided and anti-Israel. the Texas delegation to Congress with the just, lasting and comprehensive peace,’’ and (2) Authorizes all final-status issues to- request that this resolution be entered in the Whereas, by referring to the ‘‘4 June 1967 ward a two-state solution to be resolved Congressional Record as a memorial to the lines’’ as the basis for negotiations, United through direct, bilateral negotiations be- Congress of the United States of America. Nations Security Council Resolution 2334 ef- tween the parties involved. Be it further fectively states that the Jewish Quarter of Resolved That copies of this resolution be POM–93. A resolution adopted by the House the Old City of Jerusalem and the Western presented to the President of the United of Representatives of the State of Florida op- Wall, Judaism’s holiest site, are ‘‘occupied States, the President and Secretary of the posing United Nations Security Council Res- territory,’’ thereby equating these sites with United States Senate, the Speaker and Clerk of the United States House of Representa- olution 2334 and requesting its repeal or fun- outposts in the West Bank that the Israeli tives, and the Israeli Embassy in Wash- damental alteration; to the Committee on government has deemed illegal, and ington, D.C. for transmission to the proper Foreign Relations. Whereas, passage of United Nations Secu- rity Council Resolution 2334 effectively le- authorities of the State of Israel as a tan- HOUSE RESOLUTION 281 gitimizes efforts by the Palestinian Author- gible token of the sentiments expressed here- Whereas, the United States has long sup- ity to impose its own solution through inter- in. ported a negotiated settlement leading to a national organizations and unjustified boy- sustainable two-state solution with the cotts or divestment campaigns against Israel POM–94. A resolution adopted by the House democratic, Jewish state of Israel and a de- by calling ‘‘upon all States, bearing in mind of Representatives of the State of Florida op- militarized, democratic Palestinian state paragraph 1 of this resolution, to distin- posing United Nations Security Council Res- living side-by-side in peace and security, and guish, in their relevant dealings, between the olution 2334 and requesting its repeal or fun- Whereas, since 1993, the United States has territory of the State of Israel and the terri- damental alteration; to the Committee on facilitated direct, bilateral negotiations be- tories occupied since 1967:’’ and will require Foreign Relations. tween both parties toward achieving a two- the United States and Israel to take effective HOUSE RESOLUTION 281 state solution and ending all outstanding action to counteract the resolution’s poten- Whereas, the United States has long sup- claims, and tial harmful impacts, and ported a negotiated settlement leading to a Whereas, it is the long-standing policy of Whereas, United Nations Security Council sustainable two-state solution with the the United States that a peaceful resolution Resolution 2334 did not directly call upon democratic, Jewish state of Israel and a de- to the Israeli-Palestinian conflict will only Palestinian leadership to fulfill their obliga- militarized, democratic Palestinian state come through direct, bilateral negotiations tions toward negotiations or mention that living side-by-side in peace and security, and between the two parties, and part of the eventual Palestinian state is cur- Whereas, since 1993, the United States has Whereas, it was the long-standing position rently controlled by Hamas, a designated facilitated direct, bilateral negotiations be- of the United States to oppose and, if nec- terrorist organization, and tween both parties toward achieving a two- essary, veto United Nations Security Council Whereas, United Nations Security Council state solution and ending all outstanding resolutions dictating additional binding pa- Resolution 2334 sought to impose or unduly claims, and rameters on the peace process, and influence solutions to final-status issues and Whereas, it is the long-standing policy of Whereas, it was also the long-standing po- is biased against Israel: Now, therefore, be it the United States that a peaceful resolution sition of the United States to oppose and, if Resolved by the House of Representatives of to the Israeli-Palestinian conflict will only necessary, veto one-sided or anti-Israel the State of Florida, That the Florida House come through direct, bilateral negotiations United Nations Security Council resolutions, of Representatives finds: between the two parties, and and (1) The passage of United Nations Security Whereas, it was the long-standing position Whereas, the United States has stood in Council Resolution 2334 undermined the of the United States to oppose and, if nec- the minority internationally over successive long-standing position of the United States essary, veto United Nations Security Council

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.016 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5109 resolutions dictating additional binding pa- influence solutions to final-status issues and Whereas, the Indian Removal Act of 1830 rameters on the peace process, and is biased against Israel; Now, therefore, be it caused Indians living in the South to embark Whereas, it was also the long-standing po- Resolved by the House of Representatives of on what became known as the ‘‘Trail of sition of the United States to oppose and, if the State of Florida: Tears’’ from 1830 to 1842; and necessary, veto one-sided or anti-Israel That the Florida House of Representatives Whereas, as a result of the Indian Removal United Nations Security Council resolutions, finds: Act of 1830, many small groups of the five and (1) The passage of United Nations Security tribes escaped and crossed the Mississippi Whereas, the United States has stood in Council Resolution 2334 undermined the River into Louisiana and settled near the the minority internationally over successive long-standing position of the United States central and western part of Louisiana in the administrations in defending Israel in inter- to oppose and veto United Nations Security present-day parishes of Rapides, Vernon, national forums, including vetoing one-sided Council resolutions that seek to impose solu- Natchitoches, and Calcasieu, which was re- resolutions in 1995, 1997, 2001, 2002, 2003, 2004, tions to final-status issues or are one-sided ferred to as ‘‘No Man’s Land’’ or ‘‘Rio 2006, and 2011 before the United Nations Se- and anti-Israel, reversing decades of bipar- Hondo’’; and curity Council, and tisan agreement. Whereas, the Natchitoches Tribe of Lou- Whereas, the United States recently signed (2) The passage of United Nations Security isiana exists today, and the tribe has full a new memorandum of understanding with Council Resolution 2334 undermines the pros- documentation of bloodlines of all tribal the Israeli government regarding security pect of Israelis and Palestinians resuming members, as well as many documented assistance, consistent with long-standing productive, direct, bilateral negotiations. sources regarding the activities of the tribe; support for Israel among successive adminis- (3) The passage of United Nations Security and trations and Congresses and representing an Council Resolution 2334 contributes to the Whereas, it is imperative that the state of important United States commitment to- politically motivated acts of boycotting, di- Louisiana recognize Indian tribes within its ward Israel’s qualitative military edge, and vesting from, and sanctioning Israel and rep- borders, to support their tribal aspirations, Whereas, on November 29, 2016, the United resents a concerted effort to extract conces- to preserve their cultural heritage and im- States House of Representatives unani- sions from Israel outside of direct, bilateral prove their economic conditions, and to as- mously passed House Concurrent Resolution negotiations between the Israelis and Pal- sist them in the achievement of their just 165, expressing and reaffirming long-standing estinians, which must be actively rejected. rights: Therefore, be it United States policy in support of a direct, (4) Any future measures taken by any or- Resolved, That the House of Representa- bilaterally negotiated settlement of the ganization, including the United Nations Se- tives of the Legislature of Louisiana does Israeli-Palestinian conflict and in opposition curity Council, to impose an agreement or hereby recognize the Natchitoches Tribe of to United Nations Security Council resolu- parameters for an agreement will set back Louisiana as an Indian tribe of the state; be tions that impose a solution to the conflict, the peace process, harm the security of it further and Israel, contradict the enduring bipartisan Resolved, That the Congress of the United Whereas, on December 23, 2016, the United consensus on strengthening the United States and the United States Bureau of In- States Permanent Representative to the States-Israel relationship, and weaken sup- dian Affairs are hereby memorialized, re- United Nations disregarded House Concur- port for such organizations. quested, and urged to take such steps as are rent Resolution 165 and departed from long- (5) A durable and sustainable peace agree- necessary to effect the formal recognition of standing United States policy by abstaining ment between Israel and the Palestinians is the Natchitoches Tribe of Louisiana as an and permitting United Nations Security only possible with direct, bilateral negotia- Indian tribe, and to acknowledge that the Council Resolution 2334 to be adopted under tions between the parties resulting in a Jew- rights of the Natchitoches Tribe of Louisiana Chapter VI of the United Nations Charter, ish, democratic state living next to a demili- are no less than those of other Indian tribes and tarized Palestinian state in peace and secu- in the United States, and, accordingly, to Whereas, the United States’ abstention on rity. take such executive or congressional action United Nations Security Council Resolution (6) The United States government should as may be appropriate; and be it further 2334 contradicts the Oslo Accords and its as- work to facilitate serious, direct, uncondi- Resolved, That copies of this Resolution be sociated process that is predicated on resolv- tional negotiations between the parties to- transmitted to the president of the United ing the Israeli-Palestinian conflict between ward a sustainable peace agreement. States, the presiding officers of the Senate the parties through direct, bilateral negotia- (7) The United States government should and the House of Representatives of the Con- tions, and oppose and veto future one-sided, anti-Israel Whereas, United Nations Security Council gress of the United States, each member of United Nations Security Council resolutions Resolution 2334 claims that ‘‘the establish- the Louisiana congressional delegation, and ment by Israel of settlements in the Pales- that seek to impose solutions to final-status the director of the Bureau of Indian Affairs, tinian territory occupied since 1967, includ- issues. United States Department of the Interior. That the Florida House of Representatives ing East Jerusalem, has no legal validity and opposes and requests the repeal or funda- POM–96. A joint resolution adopted by the constitutes a flagrant violation under inter- mental alteration of United Nations Secu- Legislature of the State of New Mexico re- national law and a major obstacle to the rity Council Resolution 2334 so that the reso- scinding three previous applications to the achievement of the two-State solution and a United States Congress to call a convention just, lasting and comprehensive peace,’’ and lution: Whereas, by referring to the ‘‘4 June 1967 (1) Is no longer one-sided and anti-Israel. to propose amendments to the United States (2) Authorizes all final-status issues to- lines’’ as the basis for negotiations, United Constitution; to the Committee on the Judi- ward a two-state solution to be resolved Nations Security Council Resolution 2334 ef- ciary. through direct, bilateral negotiations be- fectively states that the Jewish Quarter of HOUSE JOINT RESOLUTION 10 tween the parties involved; and be it further the Old City of Jerusalem and the Western Whereas, Article 5 of the United States Resolved, That copies of this resolution be Wall, Judaism’s holiest site, are ‘‘occupied constitution reads in part as follows: ‘‘the presented to the President of the United territory,’’ thereby equating these sites with Congress . . . on the Application of the Leg- States, the President and Secretary of the outposts in the West Bank that the Israeli islatures and two thirds of the several United States Senate, the Speaker and Clerk government has deemed illegal, and States, shall call a Convention for proposing of the United States House of Representa- Whereas, passage of United Nations Secu- Amendments, which, in either Case, shall be tives, and the Israeli Embassy in Wash- rity Council Resolution 2334 effectively le- valid to all Intents and Purposes, as Part of ington, D.C., for transmission to the proper gitimizes efforts by the Palestinian Author- this Constitution, when ratified by the Leg- authorities of the State of Israel as a tan- ity to impose its own solution through inter- islatures of three fourths of the several gible token of the sentiments expressed here- national organizations and unjustified boy- States’’; and cotts or divestment campaigns against Israel in. Whereas, in 1951, the legislature of New by calling ‘‘upon all States, bearing in mind Mexico passed House Joint Resolution Num- POM–95. A resolution adopted by the House paragraph 1 of this resolution, to distin- ber 12 to make an application to the United of Representatives of the State of Louisiana guish, in their relevant dealings, between the States congress to call a convention to pro- recognizing the Natchitoches Tribe of Lou- territory of the State of Israel and the terri- pose specified amendments to the United isiana as an Indian tribe; to the Committee tories occupied since 1967,’’ and will require States constitution; and on Indian Affairs. the United States and Israel to take effective Whereas, in 1965, the legislature of New action to counteract the resolution’s poten- HOUSE RESOLUTION NO. 227 Mexico passed Senate Joint Resolution Num- tial harmful impacts, and Whereas, the Indian Removal Act of 1830 ber 2 to make an application to the United Whereas, United Nations Security Council forced many Indians living east of the Mis- States congress to call a convention to pro- Resolution 2334 did not directly call upon sissippi River to sell their lands and move to pose a specified amendment to the United Palestinian leadership to fulfill their obliga- less fertile lands on a Western reservation States constitution; and tions toward negotiations or mention that that would not be taken from them; and Whereas, in 1976, the legislature of New part of the eventual Palestinian state is cur- Whereas, the five tribes most affected by Mexico passed Senate Joint Resolution 1 to rently controlled by Hamas, a designated the Indian Removal Act of 1830 through the make an application to the United States terrorist organization, and loss of lives, homes, and land were the Chick- congress to call a convention to propose a Whereas, United Nations Security Council asaw, Creek, Choctaw, Seminole, and Cher- specified amendment to the United States Resolution 2334 sought to impose or unduly okee; and constitution; Now, therefore, be it

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.023 S11SEPT1 S5110 CONGRESSIONAL RECORD — SENATE September 11, 2017 Resolved, By the Legislature of the State of the Executive Order was lawful, and as such, General in their amicus brief supporting a New Mexico that House Joint Resolution not consistent with her responsibility to up- federal district court’s stay of the ban. Number 12, passed in the first session of the hold the laws of the United States; and 5. Copies of this resolution, as filed with twentieth legislature of the state of New Whereas, firing the Acting Attorney Gen- the Secretary of State, shall be transmitted Mexico, Senate Joint Resolution Number 2, eral for upholding her oath of office sends a by the Clerk of the General Assembly to the passed in the first session of the twenty-sev- negative message to top-level federal Execu- President and Vice President of the United enth legislature of the state of New Mexico, tive Branch employees, likely having a States, the Majority and Minority Leader of and Senate Joint Resolution 1, passed in the chilling effect on their willingness to speak the United States Senate, the Speaker and second session of the thirty-second legisla- truth to power and uphold their responsibil- Minority Leader of the United States House ture of the state of New Mexico, be re- ities; and of Representatives, every member of Con- scinded; and be it further Whereas, the immigration ban is arbi- gress elected from New Jersey, and the New Resolved, That copies of this resolution be trarily directed at those adhering to one spe- Jersey Attorney General. transmitted, within thirty days of its pas- cific religion, violating one of the United sage, to the speaker of the United States States Constitution’s most fundamental te- POM–98. A resolution adopted by the Sen- house of representatives, the clerk of the nets, the freedom of religion; and ate of the Commonwealth of Pennsylvania United States house of representatives, the Whereas, the United States has always urging the United States Congress to reau- president of the United States senate, the been a nation that welcomes and protects thorize the Rohrabacher-Farr amendment to those seeking to practice their religious be- secretary of the United States senate and prevent the United States Department of liefs without fear of government interference the members of the New Mexico congres- Justice from spending funds to interfere with or persecution; and the implementation of state medical mari- sional delegation; and be it further Whereas, the United States is a nation of Resolved, That a request be hereby made juana laws; to the Committee on the Judici- immigrants, built by those seeking a better ary. that the official journals and record of the life for themselves, their families, and gen- senate and the house of representatives of erations to follow; and SENATE RESOLUTION NO. 36 the United States congress include the reso- Whereas, the State of New Jersey, home to Whereas, The Rohrabacher-Farr amend- lution or a notice of its receipt. Ellis Island, celebrates the diversity of our ment prevents the United States Department residents and takes pride in the contribu- of Justice from spending funds to interfere POM–97. A resolution adopted by the Gen- tions made to our great State by immi- with the implementation of state medical eral Assembly of the State of New Jersey grants, past and present, who came to our marijuana laws; and condemning the United States Executive shores ‘‘yearning to breathe free’’; and Whereas, The Rohrabacher-Farr amend- Order concerning immigration and the firing Whereas, a brief has been filed by former ment does not change the status of mari- of the Acting Attorney General, and sup- Central Intelligence Agency and Department juana with respect to Federal law; and porting legal action by other states against of State officials countering the President’s Whereas, The Rohrabacher-Farr amend- the immigration ban; to the Committee on national security arguments, claiming the ment states, ‘‘None of the funds made avail- the Judiciary. ban ‘‘could do long-term damage to our na- able in this Act to the Department of Justice ASSEMBLY RESOLUTION NO. 138 tional security and foreign policy interests, may be used, with respect to any of the States of Alabama, Alaska, Arizona, Cali- Whereas, President Donald Trump signed endangering U.S. troops in the field and dis- fornia, Colorado, Connecticut, Delaware, an Executive Order on January 27, 2017 selec- rupting counterterrorism and national secu- Florida, Georgia, Hawaii, Illinois, Iowa, Ken- tively banning entry of immigrants and non- rity partnerships. It will aid ISIL’s propa- tucky, Louisiana, Maine, Maryland, Massa- immigrants from seven Muslim-majority ganda effort and serve its recruitment mes- chusetts, Michigan, Minnesota, Mississippi, countries: Iran, Iraq, Libya, Somalia, Sudan, sage by feeding into the narrative that the Missouri, Montana, Nevada, New Hampshire, Syria, and Yemen for 90 days; suspending ref- United States is at war with Islam. It will New Jersey, New Mexico, New York, North ugee admission for 120 days; and barring all hinder relationships with the very commu- Carolina, Oklahoma, Oregon, Rhode Island, Syrian refugees from entering the United nities that law enforcement professionals South Carolina, Tennessee, Texas, Utah, States indefinitely; and need to address the threat’’; and Whereas, the ban reportedly has resulted Whereas, approximately 900 United States Vermont, Virginia, Washington, and Wis- in individuals with legal resident status and Department of State diplomats have signed a consin, or with respect to either the District valid visas being denied entry into the dissent memo opposing the President’s ban of Columbia as Guam, to prevent any of United States, many of whom have been as it ‘‘stands in opposition to the core Amer- them from implementing their own laws that trapped overseas and separated from their ican and constitutional values that we, as authorize the use, distribution, possession, families; and federal employees, took an oath to uphold’’; or cultivation of medical marijuana’’; and Whereas, On December 16, 2014, the Rohr- Whereas, those reportedly denied entry in- and abacher-Farr amendment was initially clude children, students and professors of Whereas, the memo cautions that the ban signed into Federal law as part of an omni- United States institutions of higher edu- ‘‘will immediately sour relations’’ with gov- bus spending bill; and cation, employees of United States corpora- ernments that are ‘‘important allies and partners in the fight against terrorism, re- Whereas, On December 18, 2015, the Rohr- tions, and Iraqis who have worked with the abacher-Farr amendment was reauthorized United States military against militant ex- gionally and globally’’; and Whereas, in addition to the ban being ill- as part of the fiscal year 2016 Federal omni- tremist groups in their own country; and conceived and mean-spirited, the processes bus appropriations bill; and Whereas, the states of Washington and associated with the ban were mismanaged, Whereas, In September 2016, the Rohr- Minnesota have challenged the ban in federal including the reported failure to allow for abacher-Farr amendment was reauthorized court on the grounds that it violates the legal review by the Department of Homeland again as a part of a short-term spending bill; equal protection, establishment, and due Security; and and process clauses of the United States Con- Whereas, the mismanagement extended to Whereas, The Rohrabacher-Farr amend- stitution and the federal Immigration and the implementation of the ban which re- ment must be reauthorized each fiscal year Nationality Act of 1965; and sulted, in part, in individuals being detained in order to remain in effect; and Whereas, Judge Robart of the Federal Dis- in airports across the country and, despite Whereas, The Rohrabacher-Farr amend- trict Court in Seattle, Washington issued a an order to do so by a New York District ment expires on April 28, 2017; therefore be it temporary nationwide restraining order Judge, the federal government has yet to Resolved, That the Senate of the Common- halting the President’s Executive Order; and produce a list of these individuals; now, wealth of Pennsylvania urge the Congress of Whereas, President Trump’s reaction was therefore, be it the United States to reauthorize the Rohr- to immediately ridicule the Judge referring Resolved, By the General Assembly of the abacher-Farr amendment to prevent the to him as a ‘‘so-called Judge’’; and State of New Jersey: United States Department of Justice from Whereas, the President’s action disrespects 1. This House condemns the Executive spending funds to interfere with the imple- the separation of powers which forms the Order signed by President Trump suspending mentation of state medical marijuana laws; basis of our government; and immigration for 90 days from seven Muslim- and be it further Whereas, more than 15 Attorneys General majority countries; suspending all refugee Resolved, That a copy of this resolution be have filed an amicus brief supporting the admissions into the United States for 120 sent to the President of the United States, court’s temporary stay against the Execu- days; and indefinitely barring all Syrian ref- the presiding officers of each house of Con- tive Order; and ugees from entering the United States. gress and to each member of Congress from Whereas, nearly 100 United States corpora- 2. This House condemns the firing of the Pennsylvania. tions have filed an amicus brief opposing the Acting Attorney General for refusing to en- President’s immigration ban, arguing that force the ban which she deemed unlawful. POM–99. A joint resolution adopted by the American workers and the economy will suf- 3. This House extends its support to the Legislature of the State of New Mexico re- fer; and states of Washington and Minnesota in their scinding three previous applications to the Whereas, the President of the United legal fight against the President’s immigra- United States Congress to call a convention States fired the Acting Attorney General of tion ban. to propose amendments to the United States the United States for refusing to defend the 4. This House urges the New Jersey Attor- Constitution, to the Committee on the Judi- Executive Order, as she was not convinced ney General to join his fellow Attorneys ciary.

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.021 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5111

HOUSE JOINT RESOLUTION 10 make an application to the United States Troubled Asset Relief Program (TARP), Whereas, Article 5 of the United States congress to call a convention to propose a Treasury committed $62 billion to help GM constitution reads in part as follows: ‘‘the specified amendment to the United States and Chrysler continue operating while re- Congress . . . on the Application of the Leg- constitution; Now, therefore, be it structuring into more viable companies’’; islatures of two thirds of the several States, Resolved by the Legislature of the State of and shall call a Convention for proposing Amend- New Mexico that House Joint Resolution Whereas, the website of the RACER Trust ments, which, in either Case, shall be valid Number 12, passed in the first session of the explains that after the bankruptcy of Gen- to all Intents and Purposes, as Part of this twentieth legislature of the state of New eral Motors, ‘‘the RACER Trust was created Constitution, when ratified by the Legisla- Mexico, Senate Joint Resolution Number 2, in March 2011 by the U.S. Bankruptcy Court’’ tures of three fourths of the several States’’; passed in the first session of the twenty-sev- and equipped with ‘‘nearly $500 mil- and enth legislature of the state of New Mexico, lion...received at the time of the Trust’s es- Whereas, in 1951, the legislature of New and Senate Joint Resolution 1, passed in the tablishment’’ to ‘‘clean up and position for Mexico passed House Joint Resolution Num- second session of the thirty-second legisla- redevelopment the properties and other fa- ber 12 to make an application to the United ture of the state of New Mexico, be re- cilities owned by the former General Motors States congress to call a convention to pro- scinded; and be it further Corporation’’; and Resolved, That copies of this resolution be pose specified amendments to the United Whereas, such properties and facilities to transmitted, within thirty days of its pas- States constitution; and be included for clean up and revitalization Whereas, in 1965, the legislature of New sage, to the speaker of the United States necessarily include the former GM-Shreve- Mexico passed Senate Joint Resolution Num- house of representatives, the clerk of the port plant; and ber 2 to make an application to the United United States house of representatives, the Whereas, during February 2013, the RACER States congress to call a convention to pro- president of the United States senate, the Trust and Elio Motors entered into a Pur- pose a specified amendment to the United secretary of the United States senate and chase and Sale Agreement whereby Elio Mo- States constitution; and the members of the New Mexico congres- tors was expected to acquire from the Whereas, in 1976, the legislature of New sional delegation; and be it further RACER Trust all of the property, both mov- Resolved, That a request be hereby made Mexico passed Senate Joint Resolution 1 to able and immovable property, relative to the that the official journals and record of the make an application to the United States former GM-Shreveport plant; however, Elio senate and the house of representatives of congress to call a convention to propose a Motors purchased only the movable property the United States congress include the reso- specified amendment to the United States and as such, entered into a Security Agree- lution or a notice of its receipt. constitution: Now, therefore, be it ment with the RACER Trust in the amount of twenty-three million dollars to acquire Resolved by the legislature of the State of New POM–101. A resolution adopted by the Mexico That House Joint Resolution Number the movable property; and House of Representatives of the State of Whereas, circumstances changed regarding 12, passed in the first session of the twen- Louisiana memorializing the United States tieth legislature of the state of New Mexico, the sale of all of the former GM-Shreveport Congress to take such actions as are nec- plant to Elio Motors; instead, the immovable Senate Joint Resolution Number 2, passed in essary to investigate the current condition the first session of the twenty-seventh legis- property of the plant was purchased by the of economic development in the State of Caddo Parish Industrial Development Board; lature of the state of New Mexico, and Sen- Louisiana concerning the Revitalizing Auto ate Joint Resolution 1, passed in the second and Communities Environmental Response Whereas, at the request of the Caddo Par- session of the thirty-second legislature of Trust’s fulfillment of fiduciary duties re- the state of New Mexico, be rescinded; and be ish Industrial Development Board, a parent garding the former General Motors Shreve- company known as Industrial Realty Group it further port plant and operations; to the Committee Resolved, That copies of this resolution be first purchased the immovable property of on the Judiciary. transmitted, within thirty days of its pas- the former GM-Shreveport plant and imme- sage, to the speaker of the United States A RESOLUTION diately resold this same property to the house of representatives, the clerk of the To memorialize the United States Congress Caddo Parish Industrial Development Board; United States house of representatives, the to take such actions as are necessary to in- and president of the United States senate, the vestigate the current condition of economic Whereas, the Caddo Parish Industrial De- secretary of the United States senate and development in the state of Louisiana con- velopment Board then leased the immovable the members of the New Mexico congres- cerning the Revitalizing Auto Communities property back to Industrial Realty Group; sional delegation; and be it further Environmental Response Trust’s (hereinafter and Resolved, That a request be hereby made ‘‘RACER Trust’’) fulfillment of fiduciary du- Whereas, as the lessee and property man- that the official journals and record of the ties regarding the former General Motors ager of the former GM-Shreveport plant, In- senate and the house of representatives of Shreveport plant (hereinafter ‘‘GM-Shreve- dustrial Realty Group next subleased a por- the United States congress include the reso- port plant’’) and operations. tion of the plant to Elio Motors; and Whereas, Elio Motors assumed the plant as lution or a notice of its receipt. Whereas, perpetual declining sales and em- ployment loss led to the 2009 bankruptcy of a sublessee during the latter part of 2013 and POM–100. A joint resolution adopted by the the General Motors Corporation, and by 2012, was expected to manufacture automobiles, Legislature of the State of New Mexico re- a complete cessation of automobile manufac- stimulate economic growth, and create ap- scinding three previous applications to the turing at the former GM-Shreveport plant, proximately one thousand five hundred jobs United States Congress to call a convention which for more than thirty years was a gen- by the end of 2015; and Whereas, since 2013 and currently, Elio Mo- to propose amendments to the United States erator of jobs and economic opportunity in tors is not engaged in automobile manufac- Constitution; to the Committee on the Judi- the state of Louisiana; and turing at the former GM-Shreveport plant, ciary. Whereas, the bankruptcy of General Mo- tors was not an ordinary business bank- and as a result, related economic develop- HOUSE JOINT RESOLUTION 10 ruptcy; rather, it was orderly and structured ment and stimulated growth in this state Whereas, Article 5 of the United States in a way to facilitate General Motors’ ability have not materialized as projected and de- constitution reads in part as follows: ‘‘the to be absolved of certain environmental and sired; and Congress . . . on the Application of the Legis- tax liabilities; and Whereas, with the present and future state latures of two thirds of the several States, Whereas, this included a cash infusion of the former GM-Shreveport plant subject shall call a Convention for proposing Amend- from the federal government to the benefit to the direction and actions of Industrial Re- ments, which, in either Case, shall be valid of General Motors, and General Motors’ con- alty Group and Elio Motors, the House Com- to all Intents and Purposes, as Part of this sideration for the properties left behind to be mittee on Commerce was interested to hear Constitution, when ratified by the Legisla- leveraged in the public’s general and equi- the testimony of certain stakeholders to tures of three fourths of the several States’’; table interests, with such interests defined identify and expound upon the cir- and and directed toward the replacement of lost cumstances, challenges, and barriers sur- Whereas, in 1951, the legislature of New jobs; and rounding automobile manufacturing and the Mexico passed House Joint Resolution Num- Whereas, according to a Report to Congres- anticipated accompanying job growth; and ber 12 to make an application to the United sional Committees issued by the United Whereas, pursuant to House Resolution No. States congress to call a convention to pro- States Government Accountability Office, 37 of the 2016 Second Extraordinary Session, pose specified amendments to the United the Department of the Treasury (Treasury) the House Committee on Commerce met in States constitution; and ‘‘provided unprecedented support to two of Shreveport, Louisiana, on October 26, 2016, to Whereas, in 1965, the legislature of New the nation’s three largest auto manufactur- do all of the following: Mexico passed Senate Joint Resolution Num- ers—General Motors and Chrysler—after de- (1) Study the state of the automotive man- ber 2 to make an application to the United teriorating economic conditions resulted in ufacturing industry in the state of Louisiana States congress to call a convention to pro- a dramatic decline in auto sales and signifi- since the onset of the most recent worldwide pose a specified amendment to the United cant financial losses to these companies’’; economic turndown that began in 2008. States constitution; and and (2) Investigate and report on the activities Whereas, in 1976, the legislature of New Whereas, ‘‘through the Automotive Indus- of the RACER Trust in the state of Lou- Mexico passed Senate Joint Resolution 1 to try Financing Program (AIFP) under the isiana.

VerDate Sep 11 2014 06:51 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.025 S11SEPT1 S5112 CONGRESSIONAL RECORD — SENATE September 11, 2017 (3) Tour and assess the current condition POM–102. A joint resolution adopted by the propose one or more amendments regarding and circumstances of any Louisiana based General Assembly of the State of Maryland one or more specific subjects and purposes or properties either currently or previously rescinding any and all prior applications by for a general convention to propose an un- under the control and supervision of the the General Assembly to the United States limited number of amendments upon an un- RACER Trust in the state of Louisiana. Congress to call a convention to propose limited number of subjects; and be it further (4) Take testimony from local, regional, amendments to the United States Constitu- Resolved, That the General Assembly urges and state officials and economic develop- tion, pursuant to the terms of Article V; to the legislatures of each and every state ment stakeholders regarding barriers and ob- the Committee on the Judiciary. which has applied to Congress to call a con- stacles impacting the ability to effectively JOINT RESOLUTION NO. 2 vention for either a general or limited Con- market facilities either currently or pre- stitutional Convention to repeal and with- Whereas, The Constitution of the United viously under the control of the RACER draw such applications; and be it further States has been, since its creation in 1787, Trust; and Resolved, That a copy of this Resolution be the bulwark of American liberty and Whereas, though representatives were forwarded by the Department of Legislative strength. It was the first written national present to testify, the representatives were Services to the Honorable Lawrence J. Charter to clearly set forth the respective not parties to nor directly privy to the proc- Hogan, Jr., Governor of Maryland; the Hon- duties and powers of the Chief Executive, the ess of negotiations between the RACER orable Thomas V. Mike Miller, Jr., President Legislature, and the Judiciary, and is the Trust, Industrial Realty Group, the Depart- of the Senate of Maryland; and the Honor- basis of America’s checks and balances sys- ment of Economic Development, the Caddo able Michael E. Busch, Speaker of the House tem of government, assuring the rule of the Parish Commission, and the Caddo Parish In- of Delegates; and be it further majority while protecting the rights of the dustrial Development Board; and Resolved, That certified copies of this Joint Whereas, the RACER Trust’s commitment minority. It provides for the peaceful resolu- Resolution be sent by the Secretary of State of the former GM-Shreveport plant to Indus- tion of our basic political disputes and al- to: trial Realty Group and Elio Motors is a mat- lows for an orderly succession of political (1) the Honorable Michael R. Pence, Vice ter of vital concern regarding the economic leaders without bloodshed or revolution; and President of the United States, President of development in this state, not solely due to Whereas, Since its ratification, the Con- the United States Senate, Suite S–212, the lack of automobile manufacturing on be- stitution has been amended 27 times, each United States Capitol Building, Washington, half of Elio Motors, but because prior to this time by the proposal of an amendment by D.C. 20510; the Honorable Orrin Hatch, Presi- divestment, in a letter dated November 14, the Congress, often on initial petition by the dent Pro Tempore of the United States Sen- 2013, the Department of Economic Develop- states and always with subsequent ratifica- ate, 104 Hart Office Building, Washington, ment and the North Louisiana Economic tion by the requisite number of state legisla- D.C. 20510; and the Honorable Paul D. Ryan, Partnership expressed concern to the RACER tures. Despite wrenching debate, political Speaker of the United States House of Rep- Trust regarding the transaction; and turmoil, and many grave political and eco- resentatives, 1233 Longworth House Office Whereas, despite the value of the assets en- nomic problems—including the Great De- Building, Washington, D.C. 20515; and compassed within the former GM-Shreveport pression—our nation has not had another (2) the Maryland Congressional Delegation: plant, the RACER Trust is believed to have Constitutional Convention since 1787; and Senators Benjamin L. Cardin and Chris- provided the Caddo Parish Commission with Whereas, The first Convention was called topher Van Hollen, Jr., Senate Office Build- only the following two options in consider- to make revisions to the Articles of Confed- ing, Washington, D.C. 20510; and Representa- ation for the eventual fate of the former GM- eration and decided instead to discard that tives Andrew P. Harris, C. A. Dutch Ruppers- Shreveport plant: governmental system altogether and create berger III, John P. Sarbanes, Anthony G. (1) Committal of the former GM-Shreve- an entirely new and extremely different one. Brown, Steny Hamilton Hoyer, John port plant to Industrial Realty Group. In recent years, we have heard such diverse Delaney, Elijah E. Cummings, and Jamie (2) Complete demolition of the plant; and proposals as the elimination of portions of Raskin, House Office Building, Washington, Whereas, it is a matter of state interest the Bill of Rights or granting the President D.C. 20515; and and concern that the prospect of the former the power to dissolve Congress; and (3) the Honorable David S. Ferriero, Archi- GM-Shreveport plant’s demise may have ac- Whereas, Although historical records vist of the United States, National Archives tually been a false threat used as a catalyst maintained by the State and the Library of and Records Administration, 709 Pennsyl- to urge the Caddo Parish Commission and Congress are incomplete and in some in- vania Avenue, N.W., Washington, D.C. 20408; other local and state economic development stances unclear as to the final disposition of and officials to support and commit the former legislation proposed by the General Assem- (4) the Honorable Julie E. Adams, Sec- GM-Shreveport plant into the contractual bly to initiate a call to Congress for a Con- retary of the United States Senate, United care of Industrial Realty Group and Elio Mo- stitutional Convention, it is reported that States Capitol Building, Suite S–312, Wash- tors; and the Maryland General Assembly has passed ington, D.C. 20510; the Honorable Elizabeth Whereas, the assets of the former GM- several such calls for a Constitutional Con- MacDonough, Parliamentarian of the United Shreveport plant possess great potential to vention since the 1930s These calls include: States Senate, United States Capitol Build- be a source of real opportunity for economic (1) House Resolution (1939) (unconfirmed) ing, Suite 5–133, Washington, D.C. 20510; the growth and job creation in Louisiana, but al- calling for limitations on the federal taxing Honorable Karen L. Haas, Clerk of the though publicly owned, no provisions or power; (2) House Joint Resolution 40 (1964) United States, House of Representatives, mechanisms for federal or local oversight are calling for standards concerning the size and Suite H–154, United States Capitol Building, in place to rectify this agreement made in boundaries of congressional districts; (3) Washington, D.C. 20515; and the Honorable furtherance of the state’s economic develop- Senate Joint Resolution 1 (1965) calling for Thomas J. Wickham, Jr., Parliamentarian of ment that has not materialized to provide an legislative autonomy concerning the appor- the United States, House of Representatives, economic benefit to this state; and tionment of State legislative bodies; (4) Sen- Room H–209, United States Capitol Building, Whereas, in light of the dire circumstances ate Resolution 47 (1973) (unconfirmed), a me- Washington, D.C. 20515, requesting that they surrounding the former GM-Shreveport morial from the Senate of Maryland calling publish this Joint Resolution in the Congres- plant, the state is compelled, and requests for the allowance of school prayer in public sional Record and list this application in the the United States Congress in its constitu- schools; and (5) Senate Joint Resolution 4 official tally of state legislative applications tional power, to investigate the process of (1975) calling for a balanced federal budget. that repeal and withdraw any prior applica- negotiations which resulted in Industrial Re- It is generally believed that these calls never tion by a state legislature that calls for the alty Group’s and Elio Motors’ attainment of expire, and current generations are now Congress of the United States of America to the former GM-Shreveport plant, per the rec- bound by decisions made in a different time call a convention to propose amendments to ommendation of the federally created and culture. The need to advance these var- the Constitution of the United States, pursu- RACER Trust: Now, therefore, be it ious policy reforms should be debated anew, ant to the terms of Article V thereof, regard- Resolved, That the House of Representa- and not bind future generations without any less of when and regardless of whether such tives of the Legislature of Louisiana does consideration; now, therefore, be it applications were for a more limited conven- hereby memorialize the United States Con- Resolved, By the General Assembly of tion to propose one or more amendments re- gress to take such actions as are necessary Maryland, That this body does hereby re- garding one or more specific subjects and to investigate the current condition of eco- scind, repeal, cancel, void, nullify, and super- purposes or for a general convention to pro- nomic development in the state of Louisiana, sede any and all prior applications by the pose an unlimited number of amendments relative to the RACER Trust’s fulfillment of General Assembly to the Congress of the upon an unlimited number of subjects. fiduciary duties concerning the former GM- United States of America to call a conven- Shreveport plant and operations; and be it tion to propose amendments to the Constitu- POM–103. A joint resolution adopted by the further tion of the United States of America, wheth- General Assembly of the State of Maryland Resolved, That a copy of this Resolution be er or not the calls are confirmed by the his- rescinding any and all prior applications by transmitted to the presiding officers of the torical records maintained by the State or the General Assembly to the United States Senate and the House of Representatives of the Library of Congress, pursuant to the Congress to call a convention to propose the Congress of the United States of America terms of Article V thereof, regardless of amendments to the United States Constitu- and to each member of the Louisiana con- when and regardless of whether such applica- tion, pursuant to the terms of Article V, to gressional delegation. tions were for a more limited convention to the Committee on the Judiciary.

VerDate Sep 11 2014 06:42 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.038 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5113

JOINT RESOLUTION NO. 0003 Resolved, That a copy of this Resolution be a very young age and were raised and edu- Whereas, The Constitution of the United forwarded by the Department of Legislative cated in the State, and States has been, since its creation in 1787, Services to the Honorable Lawrence J. Whereas, In 2013, the New Jersey Legisla- the bulwark of American liberty and Hogan, Jr., Governor of Maryland; the Hon- ture passed Senate Bill No. 2479, informally strength. It was the first written national orable Thomas V. Mike Miller, Jr., President referred to as the New Jersey Dream Act, to Charter to clearly set forth the respective of the Senate of Maryland; and the Honor- ensure that these children have access to af- duties and powers of the Chief Executive, the able Michael E. Busch, Speaker of the House fordable higher education by allowing them Legislature, and the Judiciary, and is the of Delegates; and be it further to qualify for in-State tuition rates at public basis of America’s checks and balances sys- Resolved, That certified copies of this Joint institutions of higher education, and Resolution be sent by the Secretary of State tem of government, assuring the rule of the Whereas, The New Jersey Dream Act bill, to: majority while protecting the rights of the in its original form, also permitted these minority. It provides for the peaceful resolu- (1) the Honorable Michael R. Pence, Vice students to apply for State student financial tion of our basic political disputes and al- President of the United States, President of aid programs; and lows for an orderly succession of political the United States Senate, Suite S–212, leaders without bloodshed or revolution; and United States Capitol Building, Washington, Whereas, Governor Chris Christie condi- Whereas, Since its ratification, the Con- D.C. 20510; the Honorable Orrin Hatch, Presi- tionally vetoed the New Jersey Dream Act stitution has been amended 27 times, each dent Pro Tempore of the United States Sen- based on his objections to the section of the time by the proposal of an amendment by ate, 104 Hart Office Building, Washington, bill that allowed undocumented students to the Congress, often on initial petition by the D.C. 20510; and the Honorable Paul D. Ryan, participate in State student financial aid states and always with subsequent ratifica- Speaker of the United States House of Rep- programs, and asked the Legislature to re- tion by the requisite number of state legisla- resentatives, 1233 Longworth House Office move that provision; and tures. Despite wrenching debate, political Building, Washington, D.C. 20515; and Whereas, The Legislature, in order to pro- turmoil, and many grave political and eco- (2) the Maryland Congressional Delegation: vide tuition equality for these students, con- nomic problems—including the Great De- Senators Benjamin L. Cardin and Chris- curred with the terms of Governor Christie’s pression—our nation has not had another topher Van Hollen, Jr., Senate Office Build- conditional veto, and Constitutional Convention since 1787; and ing, Washington, D.C. 20510; and Representa- Whereas, Without eligibility for State stu- Whereas, The first Convention was called tives Andrew P. Harris, C.A. Dutch Ruppers- to make revisions to the Articles of Confed- dent financial aid programs, many of these berger III, John P. Sarbanes, Anthony G. students need to work to afford the cost of a eration and decided instead to discard that Brown, Steny Hamilton Hoyer, John governmental system altogether and create college education, and Delaney, Elijah E. Cummings, and Jamie Whereas, As a result of Governor Christie’s an entirely new and extremely different one. Raskin, House Office Building, Washington, In recent years, we have heard such diverse conditional veto and in order to continue D.C. 20515; and their pursuit of higher education, many of proposals as the elimination of portions of (3) the Honorable David S. Ferriero, Archi- these students registered with the federal the Bill of Rights or granting the President vist of the United States, National Archives Deferred Action for Childhood Arrivals the power to dissolve Congress; and and Records Administration, 709 Pennsyl- Whereas, Although historical records (DACA) program, a policy implemented vania Avenue, N.W., Washington, D.C. 20408; maintained by the State and by the Library under President Barack Obama’s Adminis- and of Congress are incomplete and in some in- (4) the Honorable Julie E. Adams, Sec- tration. Under DACA, the federal govern- stances unclear as to the final disposition of retary of the United States Senate, United ment agreed to exercise its prosecutorial dis- legislation proposed by the General Assem- States Capitol Building, Suite S–312, Wash- cretion to defer deportation of undocu- bly to intiate a call to Congress for a Con- ington, D.C. 20510; the Honorable Elizabeth mented immigrants brought to the United stitutional Convention, it is reported that MacDonough, Parliamentarian of the United States as children and allowed these stu- the Maryland General Assembly has passed States Senate, United States Capitol Build- dents to qualify for employment authoriza- several such calls for a Constitutional Con- ing, Suite S–133, Washington, D.C. 20510; the tion in the United States, and vention since the 1930s. These calls include: Honorable Karen L. Haas, Clerk of the Whereas, President Donald Trump was (1) House Resolution (1939) (unconfirmed) United States House of Representatives, sworn into office on January 20, 2017 and is calling for limitation on the federal taxing Suite H–154, United States Capitol Building, expected to rescind DACA, exposing these power; (2) House Joint Resolution 40 (1964) Washington, D.C. 20515; and the Honrable students to the threat of immediate deporta- calling for standards concerning the size and Thomas J. Wickham, Jr., Parliamentarian of tion, and boundaries of congressional districts; (3) the United States House of Representatives, Whereas, Such action by President Trump Senate Joint Resolution 1 (1965) calling for Room H–209, United States Capitol Building, would punish young men and women who fol- legislative autonomy concerning the appor- lowed the proper course of action in reg- tionment of State legislative bodies; (4) Sen- Washington, D.C. 20515, requesting that they publish this Joint Resolution in the Congres- istering for DACA so that they could pursue ate Resolution 47 (1973) (unconfirmed), a me- their higher education, and morial from the Senate of Maryland calling sional Record and list this application in the for the allowance of school prayer in public offical tally of state legislative applications Whereas, These students have spent their schools; and (5) Senate Joint Resolution 4 that repeal and withdraw any prior applica- formative years in the United States and (1975) calling for a balanced federal budget. tion by a state legislature that calls for the know only America as their home, pay taxes It is generally believed that these calls never Congress of the United States of America to and contribute to our economy as hard- expire, and current generations are now call a convention to propose amendments to working employees, and add rich diversity to bound by decisions made in a different time the Constitution of the United States, pursu- our schools through class participation and and culture. The need to advance these var- ant to the terms of Article V thereof, regard- campus programs; and ious policy reforms should be debated anew, less of when and regardless of whether such Whereas, Rescinding the DACA policy and not bind future generations without any applications were for a more limited conven- would deprive the State of the many con- consideration; now, therefore, be it tion to propose one or more amendments re- tributions of these students: Now, therefore, Resolved by the General Assembly of Mary- garding one or more specific subjects and be it land, That this body does hereby rescind, re- purposes or for a general convention to pro- Resolved, By the General Assembly of the peal, cancel, void, nullify, and supersede any pose an unlimited number of amendments State of New Jersey: and all prior applications by the General As- upon an unlimited number of subjects. 1. This House opposes any action by Presi- sembly to the Congress of the United States POM–104. A resolution adopted by the Gen- dent Donald Trump to rescind the Deferred of America to call a convention to propose Action for Childhood Arrivals (DACA) policy. amendments to the Constitution of the eral Assembly of the State of New Jersey op- 2. This House further urges Governor Chris United States of America, whether or not posing action by the President of the United Christie, given that his conditional veto of the calls are confirmed by the historical States to rescind the Deferred Action for the New Jersey Dream Act bill led many of records maintained by the State or the Li- Childhood Arrivals (DACA) policy, to the these students to register for DACA, to use brary of Congress, pursuant to the terms of Committee on the Judiciary. all power within his means to urge President Article V thereof, regardless of when and re- ASSEMBLY RESOLUTION NO. 210 gardless of whether such applications were Whereas, New Jersey has long been a wel- Trump to leave DACA intact so that these for a more limited convention to propose one coming home for immigrants from around New Jersey students are not subject to im- or more amendments regarding one or more the world and appreciates the valuable con- mediate deportation to a country they have specific subjects and purposes or for a gen- tributions immigrants make to our State never known and so that these students may eral convention to propose an unlimited and our nation; and continue to work and pursue their higher number of amendments upon an unlimited Whereas, New Jersey’s immigrant popu- education number of subjects; and be it further lation includes undocumented immigrants 3. Copies of this resolution, as filed with Resolved, That the General Assembly urges who have come to the United States in pur- the Secretary of State, shall be transmitted the legislatures of each and every state suit of the American dream and to build a by the Clerk of the General Assembly to the which has applied to Congress to call a con- better life for themselves and their families, President and Vice-President of the United vention for either a general or limited Con- and States, the Governor of this State, the Ma- stitutional Convention to repeal and with- Whereas, Many of these families include jority and Minority Leaders of the United draw such applications; and be it further children who were brought to New Jersey at States Senate, the Speaker and Minority

VerDate Sep 11 2014 06:42 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.044 S11SEPT1 S5114 CONGRESSIONAL RECORD — SENATE September 11, 2017 Leader of the United States House of Rep- and criminal history review program for cer- kota (Ms. HEITKAMP) was added as a co- resentatives, and every member of Congress tain individuals who, related to their em- sponsor of S. 236, a bill to amend the elected from this State. ployment, have access to children, the elder- Internal Revenue Code of 1986 to re- ly, or individuals with disabilities, and for form taxation of alcoholic beverages. POM–105. A resolution adopted by the Fish other purposes. S. 307 and Game Commission of the State of Cali- f fornia supporting the existing four California At the request of Mrs. ERNST, the national marine sanctuaries, their bound- INTRODUCTION OF BILLS AND name of the Senator from Massachu- aries, and legal protections; strongly and un- JOINT RESOLUTIONS setts (Ms. WARREN) was added as a co- equivocally supporting the current federal The following bills and joint resolu- sponsor of S. 307, a bill to enhance the prohibition on new oil or gas drilling in fed- eral waters offshore California; opposing at- tions were introduced, read the first database of emergency response capa- tempts to modify the prohibition, and con- and second times by unanimous con- bilities of the Department of Defense. sidering any appropriate actions to maintain sent, and referred as indicated: S. 313 the prohibition; to the Committee on Energy By Mr. MURPHY (for himself, Mr. At the request of Mr. BOOZMAN, the and Natural Resources. BLUMENTHAL, Mr. BROWN, Mr. DUR- name of the Senator from Georgia (Mr. POM–106. A resolution adopted by the City BIN, Mr. FRANKEN, Ms. HARRIS, and PERDUE) was added as a cosponsor of S. Council of the City of Lakeport, California Ms. WARREN): 313, a bill to clarify that volunteers at urging the President of the United States, S. 1784. A bill to amend the Higher Edu- the Secretary of the Interior, and the Sec- cation Act of 1965 to improve the determina- a children’s consignment event are not retary of Agriculture to protect the tion of cohort default rates and provide for employees under the Fair Labor Stand- Berryessa Snow Mountain National Monu- enhanced civil penalties, to ensure personal ards Act of 1938. ment and the economic, historical, cultural, liability of owners, officers, and executives S. 428 and ecological values which it provides, and of institutions of higher education, and for At the request of Mr. BENNET, the to honor and protect the integrity of all Na- other purposes; to the Committee on Health, name of the Senator from Connecticut tional Monuments as they have been des- Education, Labor, and Pensions. ignated by Presidents of the United States By Mr. MARKEY: (Mr. MURPHY) was added as a cosponsor since 1906; to the Committee on Energy and S. 1785. A bill to prohibit the implementa- of S. 428, a bill to amend titles XIX and Natural Resources. tion of a policy change to permit small, non- XXI of the Social Security Act to au- POM–107. A resolution adopted by the Lau- locking knives on passenger aircraft; to the thorize States to provide coordinated derdale Lakes City Commission, Lauderdale Committee on Commerce, Science, and care to children with complex medical Lakes, Florida recommending that the Af- Transportation. conditions through enhanced pediatric fordable Care Act be maintained, particu- By Mr. SCHATZ (for himself, Ms. WAR- health homes, and for other purposes. larly those provisions regarding pre-existing REN, Mr. MERKLEY, Mrs. MCCASKILL, S. 479 conditions and coverage for children up to Mr. BLUMENTHAL, and Mr. SANDERS): the age of 26 years, for at least a work-in-pe- S. 1786. A bill to amend the Fair Credit Re- At the request of Mr. BROWN, the riod of ten (10) years, in order to give the porting Act to enhance the accuracy of cred- name of the Senator from Colorado citizens and other covered persons the oppor- it reporting and provide greater rights to (Mr. BENNET) was added as a cosponsor tunity to make the necessary adjustments consumers who dispute errors in their credit of S. 479, a bill to amend title XVIII of consequent of reduced coverage; to the Com- reports, and for other purposes; to the Com- the Social Security Act to waive coin- mittee on Finance. mittee on Banking, Housing, and Urban Af- surance under Medicare for colorectal POM–108. A resolution adopted by the fairs. Mayor and City Commission of the City of By Ms. MURKOWSKI (for herself and cancer screening tests, regardless of Miami Beach, Florida opposing the President Mr. KING): whether therapeutic intervention is re- of the United States’s withdrawal of the S. 1787. A bill to reauthorize the National quired during the screening. United States from the Paris Climate Agree- Geologic Mapping Act of 1992; to the Com- S. 568 ment; honoring and upholding the City’s mittee on Energy and Natural Resources. commitment to the policies, goals, and At the request of Mr. BROWN, the By Ms. BALDWIN (for herself and Mrs. name of the Senator from Wisconsin standards set forth in the Paris Climate GILLIBRAND): Agreement; reaffirming the City’s role as a S. 1788. A bill to encourage companies to (Ms. BALDWIN) was added as a cospon- global urban leader in efforts to reduce expand employee ownership, and for other sor of S. 568, a bill to amend title XVIII greenhouse gas emissions, mitigate the im- purposes; to the Committee on Finance. of the Social Security Act to count a pacts of human activities that contribute to By Mr. ROUNDS (for himself, Ms. WAR- period of receipt of outpatient observa- climate change, and enhance resiliency; and REN, and Mr. WARNER): tion services in a hospital toward satis- respectfully urging Governor Rick Scott and S. 1789. A bill to amend title 10, United fying the 3-day inpatient hospital re- the Florida Legislature to join the growing States Code, to require an annual report on quirement for coverage of skilled nurs- list of states seeking to meet or exceed the participation in the Transition Assistance goals of the Paris Climate Agreement; to the Program for members of the Armed Forces, ing facility services under Medicare. Committee on Foreign Relations. and for other purposes; to the Committee on S. 609 POM–109. A resolution adopted by the Lau- Veterans’ Affairs. At the request of Mr. BLUMENTHAL, derdale Lakes City Commission, Lauderdale f the name of the Senator from Illinois Lakes, Florida expressing support for the (Mr. DURBIN) was added as a cosponsor Paris Climate Accord and expressing an in- ADDITIONAL COSPONSORS tent to symbolically join with other local of S. 609, a bill to amend the Depart- S. 102 governments to adopt, honor and uphold the ment of Veterans Affairs Health Care commitments to the goals enshrined in the At the request of Ms. CANTWELL, the Programs Enhancement Act of 2001 and Paris Climate Accord; to the Committee on name of the Senator from New York title 38, United States Code, to require Foreign Relations. (Mr. SCHUMER) was added as a cospon- the provision of chiropractic care and f sor of S. 102, a bill to direct the Federal services to veterans at all Department Communications Commission to com- REPORTS OF COMMITTEES of Veterans Affairs medical centers and mence proceedings related to the resil- to expand access to such care and serv- The following reports of committees iency of critical communications net- ices, and for other purposes. were submitted: works during times of emergency, and S. 705 By Mr. THUNE, from the Committee on for other purposes. At the request of Mr. HATCH, the Commerce, Science, and Transportation, S. 194 with an amendment in the nature of a sub- name of the Senator from Texas (Mr. stitute: At the request of Mr. WHITEHOUSE, CRUZ) was added as a cosponsor of S. S. 770. A bill to require the Director of the the name of the Senator from New Jer- 705, a bill to amend the National Child National Institute of Standards and Tech- sey (Mr. BOOKER) was added as a co- Protection Act of 1993 to establish a nology to disseminate resources to help re- sponsor of S. 194, a bill to amend the national criminal history background duce small business cybersecurity risks, and Public Health Service Act to establish check system and criminal history re- for other purposes (Rept. No. 115–153). a public health insurance option, and view program for certain individuals By Mr. GRASSLEY, from the Committee for other purposes. on the Judiciary, with amendments: who, related to their employment, have S. 705. A bill to amend the National Child S. 236 access to children, the elderly, or indi- Protection Act of 1993 to establish a national At the request of Mr. WYDEN, the viduals with disabilities, and for other criminal history background check system name of the Senator from North Da- purposes.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.039 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5115 S. 967 Treasury to mint coins in commemora- S. RES. 61 At the request of Ms. STABENOW, the tion of President John F. Kennedy. At the request of Mr. PETERS, his name of the Senator from Louisiana S. 1589 name was added as a cosponsor of S. (Mr. CASSIDY) was added as a cosponsor At the request of Mr. CARDIN, the Res. 61, a resolution calling on the De- of S. 967, a bill to amend title XVIII of name of the Senator from North Da- partment of Defense, other elements of the Social Security Act to increase ac- kota (Mr. HOEVEN) was added as a co- the Federal Government, and foreign cess to ambulance services under the sponsor of S. 1589, a bill to amend the governments to intensify efforts to in- Medicare program and to reform pay- Internal Revenue Code of 1986 and the vestigate, recover, and identify all ments for such services under such pro- Small Business Act to expand the missing and unaccounted-for personnel gram, and for other purposes. availability of employee stock owner- of the United States. S. 1002 ship plans in S corporations, and for AMENDMENT NO. 269 other purposes. At the request of Mr. MORAN, the At the request of Mr. REED, the name names of the Senator from Louisiana S. 1754 of the Senator from Arkansas (Mr. OLLINS (Mr. KENNEDY), the Senator from At the request of Ms. C , the BOOZMAN) was added as a cosponsor of Maine (Mr. KING), and the Senator name of the Senator from Illinois (Mr. amendment No. 269 intended to be pro- from Arizona (Mr. FLAKE) were added DURBIN) was added as a cosponsor of S. posed to H.R. 2810, to authorize appro- as cosponsors of S. 1002, a bill to en- 1754, a bill to reauthorize section 340H priations for fiscal year 2018 for mili- hance the ability of community finan- of the Public Health Service Act to tary activities of the Department of cial institutions to foster economic continue to encourage the expansion, Defense, for military construction, and growth and serve their communities, maintenance, and establishment of ap- for defense activities of the Depart- proved graduate medical residency pro- boost small businesses, increase indi- ment of Energy, to prescribe military grams at qualified teaching health cen- vidual savings, and for other purposes. personnel strengths for such fiscal ters, and for other purposes. S. 1050 year, and for other purposes. S. 1766 At the request of Ms. DUCKWORTH, AMENDMENT NO. 329 At the request of Mr. CORNYN, the the name of the Senator from New name of the Senator from Utah (Mr. At the request of Ms. BALDWIN, the York (Mrs. GILLIBRAND) was added as a HATCH) was added as a cosponsor of S. names of the Senator from Ohio (Mr. cosponsor of S. 1050, a bill to award a 1766, a bill to reauthorize the SAFER BROWN) and the Senator from Rhode Is- Congressional Gold Medal, collectively, Act of 2013, and for other purposes. land (Mr. WHITEHOUSE) were added as to the Chinese-American Veterans of S. 1767 cosponsors of amendment No. 329 in- World War II, in recognition of their At the request of Mr. LEAHY, the tended to be proposed to H.R. 2810, to dedicated service during World War II. names of the Senator from Connecticut authorize appropriations for fiscal year S. 1127 (Mr. BLUMENTHAL), the Senator from 2018 for military activities of the De- At the request of Mr. PAUL, the name Connecticut (Mr. MURPHY), and the partment of Defense, for military con- of the Senator from Massachusetts Senator from California (Mrs. FEIN- struction, and for defense activities of (Ms. WARREN) was added as a cosponsor STEIN) were added as cosponsors of S. the Department of Energy, to prescribe of S. 1127, a bill to amend title 18, 1767, a bill to reauthorize the farm to military personnel strengths for such United States Code, to prevent unjust school program, and for other purposes. fiscal year, and for other purposes. and irrational criminal punishments. S.J. RES. 49 AMENDMENT NO. 410 S. 1158 At the request of Mr. WARNER, the At the request of Mr. BOOKER, the At the request of Mr. CARDIN, the names of the Senator from Iowa (Mr. name of the Senator from Wisconsin name of the Senator from California GRASSLEY) and the Senator from Alas- (Ms. BALDWIN) was added as a cospon- (Mrs. FEINSTEIN) was added as a co- ka (Mr. SULLIVAN) were added as co- sor of amendment No. 410 intended to sponsor of S. 1158, a bill to help prevent sponsors of S.J. Res. 49, a joint resolu- be proposed to H.R. 2810, to authorize acts of genocide and other atrocity tion condemning the violence and do- appropriations for fiscal year 2018 for crimes, which threaten national and mestic terrorist attack that took place military activities of the Department international security, by enhancing during events between August 11 and of Defense, for military construction, United States Government capacities August 12, 2017, in Charlottesville, Vir- and for defense activities of the De- to prevent, mitigate, and respond to ginia, recognizing the first responders partment of Energy, to prescribe mili- such crises. who lost their lives while monitoring tary personnel strengths for such fiscal S. 1465 the events, offering deepest condo- year, and for other purposes. lences to the families and friends of At the request of Mr. CASSIDY, the AMENDMENT NO. 422 those individuals who were killed and name of the Senator from Utah (Mr. At the request of Mrs. MCCASKILL, deepest sympathies and support to HATCH) was added as a cosponsor of S. the name of the Senator from Vermont those individuals who were injured by 1465, a bill to terminate the prohibi- (Mr. LEAHY) was added as a cosponsor tions on the exportation and importa- the violence, expressing support for the Charlottesville community, rejecting of amendment No. 422 intended to be tion of natural gas, and for other pur- proposed to H.R. 2810, to authorize ap- poses. White nationalists, White suprema- cists, the Ku Klux Klan, neo-Nazis, and propriations for fiscal year 2018 for S. 1500 other hate groups, and urging the military activities of the Department At the request of Mr. WARNER, the President and the President’s Cabinet of Defense, for military construction, name of the Senator from South Da- to use all available resources to ad- and for defense activities of the De- kota (Mr. ROUNDS) was added as a co- dress the threats posed by those partment of Energy, to prescribe mili- sponsor of S. 1500, a bill to amend the groups. tary personnel strengths for such fiscal year, and for other purposes. Federal Deposit Insurance Act to en- S. CON. RES. 12 sure that the reciprocal deposits of an At the request of Mr. GRASSLEY, the AMENDMENT NO. 448 insured depository institution are not name of the Senator from Wisconsin At the request of Mr. TESTER, the considered to be funds obtained by or (Ms. BALDWIN) was added as a cospon- name of the Senator from Minnesota through a deposit broker, and for other sor of S. Con. Res. 12, a concurrent res- (Ms. KLOBUCHAR) was added as a co- purposes. olution expressing the sense of Con- sponsor of amendment No. 448 intended S. 1568 gress that those who served in the to be proposed to H.R. 2810, to author- At the request of Mr. MARKEY, the bays, harbors, and territorial seas of ize appropriations for fiscal year 2018 names of the Senator from West Vir- the Republic of Vietnam during the pe- for military activities of the Depart- ginia (Mr. MANCHIN), the Senator from riod beginning on January 9, 1962, and ment of Defense, for military construc- New Hampshire (Mrs. SHAHEEN), and ending on May 7, 1975, should be pre- tion, and for defense activities of the the Senator from Maine (Mr. KING) sumed to have served in the Republic Department of Energy, to prescribe were added as cosponsors of S. 1568, a of Vietnam for all purposes under the military personnel strengths for such bill to require the Secretary of the Agent Orange Act of 1991. fiscal year, and for other purposes.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.032 S11SEPT1 S5116 CONGRESSIONAL RECORD — SENATE September 11, 2017 AMENDMENT NO. 526 ment of Defense, for military construc- military personnel strengths for such At the request of Mr. WHITEHOUSE, tion, and for defense activities of the fiscal year, and for other purposes. the name of the Senator from Oregon Department of Energy, to prescribe AMENDMENT NO. 805 (Mr. MERKLEY) was added as a cospon- military personnel strengths for such At the request of Mr. CORNYN, the sor of amendment No. 526 intended to fiscal year, and for other purposes. name of the Senator from Oklahoma be proposed to H.R. 2810, to authorize AMENDMENT NO. 750 (Mr. INHOFE) was added as a cosponsor appropriations for fiscal year 2018 for At the request of Mr. WHITEHOUSE, of amendment No. 805 intended to be military activities of the Department the name of the Senator from Oregon proposed to H.R. 2810, to authorize ap- of Defense, for military construction, (Mr. MERKLEY) was added as a cospon- propriations for fiscal year 2018 for and for defense activities of the De- sor of amendment No. 750 intended to military activities of the Department partment of Energy, to prescribe mili- be proposed to H.R. 2810, to authorize of Defense, for military construction, tary personnel strengths for such fiscal appropriations for fiscal year 2018 for and for defense activities of the De- year, and for other purposes. military activities of the Department partment of Energy, to prescribe mili- AMENDMENT NO. 591 of Defense, for military construction, tary personnel strengths for such fiscal At the request of Ms. HEITKAMP, the and for defense activities of the De- year, and for other purposes. name of the Senator from Maryland partment of Energy, to prescribe mili- AMENDMENT NO. 811 (Mr. CARDIN) was added as a cosponsor tary personnel strengths for such fiscal At the request of Mr. CARDIN, the of amendment No. 591 intended to be year, and for other purposes. names of the Senator from New Mexico proposed to H.R. 2810, to authorize ap- AMENDMENT NO. 756 (Mr. UDALL), the Senator from Rhode propriations for fiscal year 2018 for At the request of Mr. VAN HOLLEN, Island (Mr. WHITEHOUSE) and the Sen- military activities of the Department the name of the Senator from Mary- ator from Massachusetts (Mr. MARKEY) of Defense, for military construction, land (Mr. CARDIN) was added as a co- were added as cosponsors of amend- and for defense activities of the De- sponsor of amendment No. 756 intended ment No. 811 intended to be proposed to partment of Energy, to prescribe mili- to be proposed to H.R. 2810, to author- H.R. 2810, to authorize appropriations tary personnel strengths for such fiscal ize appropriations for fiscal year 2018 for fiscal year 2018 for military activi- year, and for other purposes. for military activities of the Depart- ties of the Department of Defense, for AMENDMENT NO. 592 ment of Defense, for military construc- military construction, and for defense At the request of Mr. DURBIN, the tion, and for defense activities of the activities of the Department of Energy, names of the Senator from Hawaii (Mr. Department of Energy, to prescribe to prescribe military personnel SCHATZ), the Senator from New York military personnel strengths for such strengths for such fiscal year, and for (Mr. SCHUMER), the Senator from fiscal year, and for other purposes. other purposes. Vermont (Mr. SANDERS) and the Sen- AMENDMENT NO. 765 AMENDMENT NO. 838 ator from New Jersey (Mr. BOOKER) At the request of Mr. VAN HOLLEN, At the request of Mrs. MURRAY, the were added as cosponsors of amend- the name of the Senator from Mary- name of the Senator from New Hamp- ment No. 592 intended to be proposed to land (Mr. CARDIN) was added as a co- shire (Mrs. SHAHEEN) was added as a co- H.R. 2810, to authorize appropriations sponsor of amendment No. 765 intended sponsor of amendment No. 838 intended for fiscal year 2018 for military activi- to be proposed to H.R. 2810, to author- to be proposed to H.R. 2810, to author- ties of the Department of Defense, for ize appropriations for fiscal year 2018 ize appropriations for fiscal year 2018 military construction, and for defense for military activities of the Depart- for military activities of the Depart- activities of the Department of Energy, ment of Defense, for military construc- ment of Defense, for military construc- to prescribe military personnel tion, and for defense activities of the tion, and for defense activities of the strengths for such fiscal year, and for Department of Energy, to prescribe Department of Energy, to prescribe other purposes. military personnel strengths for such military personnel strengths for such AMENDMENT NO. 605 fiscal year, and for other purposes. fiscal year, and for other purposes. At the request of Mr. MARKEY, the AMENDMENT NO. 766 f name of the Senator from Massachu- At the request of Mr. VAN HOLLEN, setts (Ms. WARREN) was withdrawn as a the name of the Senator from Lou- AMENDMENTS SUBMITTED AND PROPOSED cosponsor of amendment No. 605 in- isiana (Mr. CASSIDY) was added as a co- tended to be proposed to H.R. 2810, to sponsor of amendment No. 766 intended SA 855. Ms. WARREN (for herself and Mr. authorize appropriations for fiscal year to be proposed to H.R. 2810, to author- LEAHY) submitted an amendment intended to 2018 for military activities of the De- ize appropriations for fiscal year 2018 be proposed by her to the bill H.R. 2810, to partment of Defense, for military con- for military activities of the Depart- authorize appropriations for fiscal year 2018 struction, and for defense activities of for military activities of the Department of ment of Defense, for military construc- Defense, for military construction, and for the Department of Energy, to prescribe tion, and for defense activities of the defense activities of the Department of En- military personnel strengths for such Department of Energy, to prescribe ergy, to prescribe military personnel fiscal year, and for other purposes. military personnel strengths for such strengths for such fiscal year, and for other AMENDMENT NO. 607 fiscal year, and for other purposes. purposes; which was ordered to lie on the At the request of Mr. MERKLEY, the AMENDMENT NO. 803 table. SA 856. Mr. BROWN (for himself and Mr. name of the Senator from Maryland At the request of Mr. CARDIN, the PORTMAN) submitted an amendment intended (Mr. VAN HOLLEN) was added as a co- names of the Senator from Colorado to be proposed by him to the bill H.R. 2810, sponsor of amendment No. 607 intended (Mr. BENNET), the Senator from Penn- supra; which was ordered to lie on the table. to be proposed to H.R. 2810, to author- sylvania (Mr. CASEY), the Senator from SA 857. Mr. DONNELLY submitted an ize appropriations for fiscal year 2018 Delaware (Mr. CARPER), the Senator amendment intended to be proposed by him for military activities of the Depart- from Delaware (Mr. COONS), the Sen- to the bill H.R. 2810, supra; which was or- ment of Defense, for military construc- ator from Illinois (Mr. DURBIN), the dered to lie on the table. SA 858. Mr. DONNELLY submitted an tion, and for defense activities of the Senator from New Mexico (Mr. HEIN- Department of Energy, to prescribe amendment intended to be proposed by him RICH), the Senator from Michigan (Ms. to the bill H.R. 2810, supra; which was or- military personnel strengths for such STABENOW), the Senator from Maryland dered to lie on the table. fiscal year, and for other purposes. (Mr. VAN HOLLEN) and the Senator SA 859. Mr. BOOKER (for himself and Mrs. AMENDMENT NO. 608 from Oregon (Mr. WYDEN) were added FISCHER) submitted an amendment intended At the request of Mr. MARKEY, the as cosponsors of amendment No. 803 in- to be proposed by him to the bill H.R. 2810, name of the Senator from Massachu- tended to be proposed to H.R. 2810, to supra; which was ordered to lie on the table. SA 860. Mr. SCHUMER submitted an setts (Ms. WARREN) was added as a co- authorize appropriations for fiscal year amendment intended to be proposed by him sponsor of amendment No. 608 intended 2018 for military activities of the De- to the bill H.R. 2810, supra; which was or- to be proposed to H.R. 2810, to author- partment of Defense, for military con- dered to lie on the table. ize appropriations for fiscal year 2018 struction, and for defense activities of SA 861. Mr. BLUMENTHAL submitted an for military activities of the Depart- the Department of Energy, to prescribe amendment intended to be proposed by him

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.034 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5117 to the bill H.R. 2810, supra; which was or- SA 883. Mr. BLUMENTHAL submitted an to be proposed by her to the bill H.R. 2810, dered to lie on the table. amendment intended to be proposed by him supra; which was ordered to lie on the table. SA 862. Mr. BLUMENTHAL submitted an to the bill H.R. 2810, supra; which was or- SA 905. Ms. HEITKAMP submitted an amendment intended to be proposed by him dered to lie on the table. amendment intended to be proposed by her to the bill H.R. 2810, supra; which was or- SA 884. Mrs. SHAHEEN submitted an to the bill H.R. 2810, supra; which was or- dered to lie on the table. amendment intended to be proposed by her dered to lie on the table. SA 863. Mr. BLUMENTHAL submitted an to the bill H.R. 2810, supra; which was or- SA 906. Mr. INHOFE (for himself, Mr. COR- amendment intended to be proposed by him dered to lie on the table. NYN, Mr. ROUNDS, Mr. ISAKSON, Mr. CASSIDY, to the bill H.R. 2810, supra; which was or- SA 885. Ms. CANTWELL submitted an Mr. STRANGE, Mr. ROBERTS, Mr. WICKER, and dered to lie on the table. amendment intended to be proposed by her Mr. ALEXANDER) submitted an amendment SA 864. Mr. BLUMENTHAL submitted an to the bill H.R. 2810, supra; which was or- intended to be proposed by him to the bill amendment intended to be proposed by him dered to lie on the table. H.R. 2810, supra; which was ordered to lie on to the bill H.R. 2810, supra; which was or- SA 886. Ms. CANTWELL submitted an the table. dered to lie on the table. amendment intended to be proposed by her SA 907. Mr. ROUNDS submitted an amend- SA 865. Mr. BLUMENTHAL submitted an to the bill H.R. 2810, supra; which was or- ment intended to be proposed by him to the amendment intended to be proposed by him dered to lie on the table. bill H.R. 2810, supra; which was ordered to lie to the bill H.R. 2810, supra; which was or- SA 887. Ms. CANTWELL (for herself and on the table. SA 908. Ms. MURKOWSKI submitted an dered to lie on the table. Ms. WARREN) submitted an amendment in- SA 866. Mr. BLUMENTHAL submitted an tended to be proposed by her to the bill H.R. amendment intended to be proposed by her amendment intended to be proposed by him 2810, supra; which was ordered to lie on the to the bill H.R. 2810, supra; which was or- dered to lie on the table. to the bill H.R. 2810, supra; which was or- table. SA 909. Mr. DURBIN (for himself, Mr. MUR- dered to lie on the table. SA 888. Ms. CANTWELL (for herself and PHY, Ms. WARREN, Mr. CARPER, and Mr. SA 867. Ms. WARREN (for herself and Mr. Mrs. MURRAY) submitted an amendment in- BROWN) submitted an amendment intended TILLIS) submitted an amendment intended to tended to be proposed by her to the bill H.R. to be proposed by him to the bill H.R. 2810, be proposed by her to the bill H.R. 2810, 2810, supra; which was ordered to lie on the supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. table. SA 910. Mr. CARDIN submitted an amend- SA 868. Mr. VAN HOLLEN submitted an SA 889. Ms. CANTWELL submitted an ment intended to be proposed by him to the amendment intended to be proposed by him amendment intended to be proposed by her bill H.R. 2810, supra; which was ordered to lie to the bill H.R. 2810, supra; which was or- to the bill H.R. 2810, supra; which was or- on the table. dered to lie on the table. dered to lie on the table. SA 911. Mr. CARDIN (for himself, Mr. BEN- SA 869. Mrs. GILLIBRAND (for herself and SA 890. Mr. BROWN (for himself, Mr. NET, Mr. MERKLEY, Mr. BLUMENTHAL, Ms. Ms. COLLINS) submitted an amendment in- PORTMAN, and Mr. CRAPO) submitted an WARREN, Mr. VAN HOLLEN, Mrs. GILLIBRAND, tended to be proposed by her to the bill H.R. amendment intended to be proposed by him Ms. BALDWIN, Mr. HEINRICH, Mr. DURBIN, Mr. 2810, supra; which was ordered to lie on the to the bill H.R. 2810, supra; which was or- CASEY, and Mr. LEAHY) submitted an amend- table. dered to lie on the table. ment intended to be proposed by him to the SA 870. Mr. COTTON (for himself and Mr. SA 891. Mr. LEAHY submitted an amend- bill H.R. 2810, supra; which was ordered to lie GRAHAM) submitted an amendment intended ment intended to be proposed by him to the on the table. to be proposed by him to the bill H.R. 2810, bill H.R. 2810, supra; which was ordered to lie SA 912. Mr. BOOKER (for himself and Mr. supra; which was ordered to lie on the table. on the table. BENNET) submitted an amendment intended SA 871. Mr. PAUL submitted an amend- SA 892. Mr. HOEVEN submitted an amend- to be proposed by him to the bill H.R. 2810, ment intended to be proposed by him to the ment intended to be proposed by him to the supra; which was ordered to lie on the table. bill H.R. 2810, supra; which was ordered to lie bill H.R. 2810, supra; which was ordered to lie SA 913. Mr. VAN HOLLEN (for himself and on the table. on the table. Mr. PAUL) submitted an amendment in- SA 872. Mr. PAUL (for himself, Mr. SCHATZ, SA 893. Mr. MANCHIN submitted an tended to be proposed by him to the bill H.R. and Mr. WYDEN) submitted an amendment amendment intended to be proposed by him 2810, supra; which was ordered to lie on the intended to be proposed by him to the bill to the bill H.R. 2810, supra; which was or- table. H.R. 2810, supra; which was ordered to lie on dered to lie on the table. SA 914. Mrs. MURRAY submitted an the table. SA 894. Mr. MANCHIN submitted an amendment intended to be proposed by her SA 873. Mrs. ERNST (for herself, Mrs. amendment intended to be proposed by him to the bill H.R. 2810, supra; which was or- GILLIBRAND, and Ms. HIRONO) submitted an to the bill H.R. 2810, supra; which was or- dered to lie on the table. amendment intended to be proposed by her dered to lie on the table. SA 915. Mr. KAINE submitted an amend- to the bill H.R. 2810, supra; which was or- SA 895. Mr. HEINRICH submitted an ment intended to be proposed by him to the dered to lie on the table. amendment intended to be proposed by him bill H.R. 2810, supra; which was ordered to lie SA 874. Mr. MCCAIN submitted an amend- to the bill H.R. 2810, supra; which was or- on the table. ment intended to be proposed by him to the dered to lie on the table. SA 916. Mr. MCCAIN (for Mr. RUBIO) sub- bill H.R. 2810, supra; which was ordered to lie SA 896. Mr. MURPHY submitted an amend- mitted an amendment intended to be pro- on the table. ment intended to be proposed by him to the posed by Mr. MCCAIN to the bill H.R. 2810, SA 875. Mr. MCCAIN (for himself and Mr. bill H.R. 2810, supra; which was ordered to lie supra; which was ordered to lie on the table. REED) submitted an amendment intended to on the table. SA 917. Mr. MCCAIN (for Mr. RUBIO) sub- be proposed by him to the bill H.R. 2810, SA 897. Mr. COTTON submitted an amend- mitted an amendment intended to be pro- supra; which was ordered to lie on the table. ment intended to be proposed by him to the posed by Mr. MCCAIN to the bill H.R. 2810, SA 876. Mr. MCCAIN submitted an amend- bill H.R. 2810, supra; which was ordered to lie supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 918. Mr. MCCAIN (for Mr. RUBIO) sub- bill H.R. 2810, supra; which was ordered to lie SA 898. Mr. CARPER (for himself and Mr. mitted an amendment intended to be pro- posed by Mr. MCCAIN to the bill H.R. 2810, on the table. DURBIN) submitted an amendment intended SA 877. Mr. JOHNSON submitted an to be proposed by him to the bill H.R. 2810, supra; which was ordered to lie on the table. SA 919. Mr. MCCAIN (for Mr. RUBIO) sub- amendment intended to be proposed by him supra; which was ordered to lie on the table. mitted an amendment intended to be pro- to the bill H.R. 2810, supra; which was or- SA 899. Mr. SANDERS submitted an posed by Mr. MCCAIN to the bill H.R. 2810, dered to lie on the table. amendment intended to be proposed by him supra; which was ordered to lie on the table. SA 878. Mr. JOHNSON submitted an to the bill H.R. 2810, supra; which was or- SA 920. Mr. MCCAIN (for Mr. RUBIO) sub- amendment intended to be proposed by him dered to lie on the table. mitted an amendment intended to be pro- to the bill H.R. 2810, supra; which was or- SA 900. Mr. CARDIN (for himself and Mr. posed by Mr. MCCAIN to the bill H.R. 2810, dered to lie on the table. PORTMAN) submitted an amendment intended supra; which was ordered to lie on the table. SA 879. Mr. JOHNSON (for himself and Mr. to be proposed by him to the bill H.R. 2810, SA 921. Mr. MCCAIN (for Mr. RUBIO) sub- FLAKE) submitted an amendment intended to supra; which was ordered to lie on the table. mitted an amendment intended to be pro- be proposed by him to the bill H.R. 2810, SA 901. Mr. CARDIN submitted an amend- posed by Mr. MCCAIN to the bill H.R. 2810, supra; which was ordered to lie on the table. ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 880. Mr. TILLIS (for himself and Mr. bill H.R. 2810, supra; which was ordered to lie SA 922. Mr. MCCAIN (for Mr. RUBIO) sub- NELSON) submitted an amendment intended on the table. mitted an amendment intended to be pro- to be proposed by him to the bill H.R. 2810, SA 902. Mr. CORNYN submitted an amend- posed by Mr. MCCAIN to the bill H.R. 2810, supra; which was ordered to lie on the table. ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 881. Mr. WICKER submitted an amend- bill H.R. 2810, supra; which was ordered to lie SA 923. Mr. MCCAIN (for Mr. RUBIO) sub- ment intended to be proposed by him to the on the table. mitted an amendment intended to be pro- bill H.R. 2810, supra; which was ordered to lie SA 903. Mr. LEAHY submitted an amend- posed by Mr. MCCAIN to the bill H.R. 2810, on the table. ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 882. Mr. YOUNG submitted an amend- bill H.R. 2810, supra; which was ordered to lie SA 924. Mr. MCCAIN (for Mr. RUBIO) sub- ment intended to be proposed by him to the on the table. mitted an amendment intended to be pro- bill H.R. 2810, supra; which was ordered to lie SA 904. Ms. BALDWIN (for herself and Mr. posed by Mr. MCCAIN to the bill H.R. 2810, on the table. MORAN) submitted an amendment intended supra; which was ordered to lie on the table.

VerDate Sep 11 2014 06:11 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.046 S11SEPT1 S5118 CONGRESSIONAL RECORD — SENATE September 11, 2017 SA 925. Mr. MCCAIN (for Mr. RUBIO) sub- year, and for other purposes; which was (B) Building upon the experience of the Air mitted an amendment intended to be pro- ordered to lie on the table; as follows: Force and the Department of Defense to in- posed by Mr. MCCAIN to the bill H.R. 2810, Strike section 1070 and insert the fol- form the Federal Aviation Administration’s supra; which was ordered to lie on the table. lowing: development of civil standards, policies, and SA 926. Mr. MCCAIN (for Mr. RUBIO) sub- procedures for integrating unmanned air- SEC. lll. REPORTS ON CIVILIAN CASUALTIES mitted an amendment intended to be pro- IN CONNECTION WITH UNITED craft systems in the national airspace sys- posed by Mr. MCCAIN to the bill H.R. 2810, STATES MILITARY OPERATIONS. tem. supra; which was ordered to lie on the table. (a) BIANNUAL REPORTS.— (C) Assisting in the development of best SA 927. Mr. MCCAIN (for Mr. RUBIO) sub- (1) IN GENERAL.—Not later than April 1, practices for unmanned aircraft safety mitted an amendment intended to be pro- 2018, and every six months thereafter, the standards, development of airborne and posed by Mr. MCCAIN to the bill H.R. 2810, Secretary of Defense shall submit to the con- ground-based sense and avoid capabilities for supra; which was ordered to lie on the table. gressional defense committees a report on ci- unmanned aircraft systems, and research SA 928. Mr. MCCAIN (for Mr. RUBIO) sub- vilian casualties caused as a result of United and development on unmanned aircraft sys- mitted an amendment intended to be pro- States military operations during the pre- tems, especially with respect to matters in- posed by Mr. MCCAIN to the bill H.R. 2810, ceding six months. volving human factors, information assur- supra; which was ordered to lie on the table. (2) ELEMENTS.—Each report under para- ance, and security. SA 929. Mr. MCCAIN (for Mr. RUBIO) sub- graph (1) shall set forth the following: (b) PARTICIPATION BY FEDERAL AVIATION mitted an amendment intended to be pro- (A) A list of all the United States military ADMINISTRATION IN DEPARTMENT OF DEFENSE posed by Mr. MCCAIN to the bill H.R. 2810, operations during the six month covered by ACTIVITIES.— supra; which was ordered to lie on the table. such report that were confirmed to have re- (1) IN GENERAL.—The Administrator may SA 930. Mr. MCCAIN (for Mr. RUBIO) sub- sulted in civilian casualties. participate and provide assistance for par- mitted an amendment intended to be pro- (B) For each military operation listed pur- ticipation in test and evaluation efforts of posed by Mr. MCCAIN to the bill H.R. 2810, suant to subparagraph (A), the following: the Department of Defense, including the Air supra; which was ordered to lie on the table. (i) The date. Force, relating to ground-based sense and SA 931. Mrs. ERNST submitted an amend- (ii) The location. avoid and airborne sense and avoid capabili- ment intended to be proposed by her to the (iii) The type of operation. ties for unmanned aircraft systems. bill H.R. 2810, supra; which was ordered to lie (iv) The confirmed number of civilian cas- (2) PARTICIPATION THROUGH CENTERS OF EX- on the table. ualties. CELLENCE AND TEST SITES.—Participation SA 932. Ms. KLOBUCHAR (for herself and (b) ANNUAL REPORT.—Not later than April under paragraph (1) may include provision of Mr. TILLIS) submitted an amendment in- 1 each year, the Secretary shall submit to assistance through the Center of Excellence tended to be proposed by her to the bill H.R. the congressional defense committees a re- for Unmanned Aircraft Systems and un- 2810, supra; which was ordered to lie on the port setting forth the following: manned aircraft systems test ranges des- table. (1) The information required under sub- ignated under section 332(c) of the FAA Mod- SA 933. Mr. MCCAIN (for himself and Mr. section (a)(2) for the preceding year, includ- ernization and Reform Act of 2012 (Public REED) submitted an amendment intended to ing any changes to such information as sub- Law 112–95; 49 U.S.C. 40101 note). be proposed by him to the bill H.R. 2810, mitted previously in a report under sub- (c) UNMANNED AIRCRAFT SYSTEM DE- supra; which was ordered to lie on the table. section (a). FINED.—In this section, the term ‘‘unmanned SA 934. Mr. WICKER submitted an amend- (2) A description of the actions taken by aircraft system’’ has the meaning given that ment intended to be proposed by him to the the Armed Forces of the United States in the term in section 331 of the FAA Moderniza- bill H.R. 2810, supra; which was ordered to lie preceding year to mitigate civilian casual- tion and Reform Act of 2012 (Public Law 112– 95; 49 U.S.C. 40101 note). on the table. ties as a result of United States military op- SA 935. Mr. MCCONNELL (for Ms. WARREN erations that were in addition to any such SA 857. Mr. DONNELLY submitted (for herself and Mr. HELLER)) proposed an actions taken in the year preceding such pre- an amendment intended to be proposed amendment to the bill S. 327, to direct the ceding year. Securities and Exchange Commission to pro- (3) Any other information the Secretary by him to the bill H.R. 2810, to author- vide a safe harbor related to certain invest- considers appropriate. ize appropriations for fiscal year 2018 ment fund research reports, and for other (c) FORM.—Each report under this section for military activities of the Depart- purposes. shall be submitted in unclassified form, but ment of Defense, for military construc- SA 936. Mr. MCCONNELL (for Mr. CORNYN) may include a classified annex. tion, and for defense activities of the proposed an amendment to the bill S. 1311, to (d) SUNSET.—The requirements to submit Department of Energy, to prescribe provide assistance in abolishing human traf- reports under this section shall expire on the military personnel strengths for such ficking in the United States. date that is five years after the date of the enactment of this Act. fiscal year, and for other purposes; SA 937. Mr. MCCONNELL (for Mr. GRASS- which was ordered to lie on the table; LEY) proposed an amendment to the bill S. 1312, to prioritize the fight against human SA 856. Mr. BROWN (for himself and as follows: trafficking in the United States. Mr. PORTMAN) submitted an amend- At the appropriate place, insert the fol- SA 938. Mrs. ERNST (for herself and Mrs. ment intended to be proposed by him lowing: MCCASKILL) submitted an amendment in- to the bill H.R. 2810, to authorize ap- SEC. ll. NORTH KOREA STRATEGY. tended to be proposed by her to the bill H.R. propriations for fiscal year 2018 for (a) REPORT ON STRATEGY REQUIRED.—Not 2810, to authorize appropriations for fiscal military activities of the Department later than 90 days after the date of the enact- year 2018 for military activities of the De- of Defense, for military construction, ment of this Act, the Secretary of Defense shall submit to the congressional defense partment of Defense, for military construc- and for defense activities of the De- tion, and for defense activities of the Depart- committees a report that sets forth a strat- partment of Energy, to prescribe mili- egy of the United States with respect to ment of Energy, to prescribe military per- tary personnel strengths for such fiscal sonnel strengths for such fiscal year, and for North Korea. (b) ELEMENTS.—The report required by sub- other purposes; which was ordered to lie on year, and for other purposes; which was section (a) shall include the following ele- the table. ordered to lie on the table; as follows: ments: SA 939. Mr. REED (for himself, Mr. At the end of subtitle G of title X, add the (1) A description and assessment of the pri- MCCAIN, Mr. CARDIN, Mr. BROWN, Mr. WHITE- following: mary threats to United States national secu- HOUSE, and Mr. DURBIN) submitted an amend- SEC. 1088. COLLABORATION BETWEEN FEDERAL rity interests from North Korea. ment intended to be proposed by him to the AVIATION ADMINISTRATION AND DE- (2) A description of support from foreign bill H.R. 2810, supra; which was ordered to lie PARTMENT OF DEFENSE ON UN- nations for North Korea’s nuclear and bal- on the table. MANNED AIRCRAFT SYSTEMS. (a) COLLABORATION BETWEEN FEDERAL listic missile programs. f AVIATION ADMINISTRATION IN DEPARTMENT OF (3) A description of the security relation- TEXT OF AMENDMENTS DEFENSE REQUIRED.— ships between China and North Korea and (1) IN GENERAL.—The Administrator of the Russia and North Korea, including trends in SA 855. Ms. WARREN (for herself and Federal Aviation Administration and the those relationships and their impact on the Mr. LEAHY) submitted an amendment Secretary of Defense shall collaborate on de- Government of North Korea. intended to be proposed by her to the veloping standards, policies, and procedures (4) A description of the security relation- bill H.R. 2810, to authorize appropria- for sense and avoid capabilities for un- ships between other countries and North tions for fiscal year 2018 for military manned aircraft systems. Korea, and an identification of countries activities of the Department of De- (2) ELEMENTS.—The collaboration required that may be undermining United States ob- by paragraph (1) shall include the following: jectives identified in paragraph (5). fense, for military construction, and (A) Sharing information and technology on (5) The desired end state in North Korea for defense activities of the Depart- safely integrating unmanned aircraft sys- and current United States objectives relative ment of Energy, to prescribe military tems and manned aircraft in the national to security threats emanating from North personnel strengths for such fiscal airspace system. Korea.

VerDate Sep 11 2014 06:11 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.048 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5119 (6) A detailed roadmap to reach the end geted by United States and multilateral verification of job skills and experience re- state and objectives identified in paragraph sanctions thus far, and a roadmap for deter- quired by paragraph (1), the Secretary of De- (5). mining whether, how, and on what timeline fense and the Secretary of Homeland Secu- (7) An identification of the resources and the United States may take action to cut off rity with respect to the Coast Guard when it authorities necessary to carry out the road- access in the future. is not operating as a service in the Navy map described in paragraph (6). (7) The desired end state in North Korea shall— (8) A description of operational plans and and current United States objectives relative ‘‘(A) establish a database to record all associated military requirements for the to security threats emanating from North training performed by members of the armed protection of United States national security Korea. forces that may have application to employ- interests relative to threats from North (8) A description of existing unilateral and ment in the civilian sector; and Korea. multilateral levers the United States has to ‘‘(B) make unclassified information regard- (9) An identification of any personnel, ca- exert coercive pressure on North Korea, to- ing such information available to States and pability, and resource gaps that would im- gether with an assessment of the degree to other potential employers referred to in sub- pact the execution of the roadmap described which those levers have been utilized thus section (c) so that State and other entities in paragraph (6) or any associated oper- far, the degree to which those actions have may allow military training to satisfy li- ational plan, and a mitigation plan to ad- imposed costs on North Korea, remaining op- censing or certification requirements to en- dress such gaps. tions for increasing those costs, and param- gage in a civilian profession.’’. (10) An assessment of current and desired eters the President will use to determine (b) IMPROVED ACCURACY OF CERTIFICATES OF partner nation contributions to countering when and to what degree increasing those TRAINING AND SKILLS.—Section 1143(a) of threats from North Korea and a plan to en- costs is necessary. title 10, United States Code, is further hance military cooperation with nations (9) A detailed roadmap to reach the end amended by inserting after paragraph (2), as that have shared security interests. state and objectives identified in paragraph added by subsection (a), the following new (c) FORM.—The report required by sub- (7) through unilateral and multilateral diplo- paragraph: section (a) shall be submitted in unclassified matic and economic means, including ‘‘(3) The Secretary of Defense and the Sec- form, but may include a classified annex. timelines for each element of the roadmap. retary of Homeland Security with respect to (d) QUARTERLY UPDATES REQUIRED.—The (10) An identification of the resources and the Coast Guard when it is not operating as Secretary of Defense shall provide Congress authorities necessary to carry out the road- a service in the Navy shall ensure that a cer- with a quarterly written progress report on map described in paragraph (9). tification or verification of job skills and ex- the implementation of the strategy required (11) A description of the number and types perience required by paragraph (1) is ren- pursuant to subsection (a) in unclassified of United States civilian personnel sup- dered in such a way that States and other form. porting the roadmap described in paragraph potential employers can confirm the accu- (9), including an identification of appointed racy and authenticity of the certification or SA 858. Mr. DONNELLY submitted positions relevant to the roadmap and the verification.’’. (c) IMPROVED RESPONSIVENESS TO CERTIFI- an amendment intended to be proposed current status of such positions as vacant or CATION REQUESTS.—Section 1143(c) of title 10, by him to the bill H.R. 2810, to author- filled. United States Code, is amended— (12) A description of operational plans and ize appropriations for fiscal year 2018 (1) by inserting ‘‘(1)’’ before ‘‘For the pur- associated military requirements for the for military activities of the Depart- pose’’; and protection of United States national security ment of Defense, for military construc- (2) by adding at the end the following new interests relative to threats from North paragraph: tion, and for defense activities of the Korea. Department of Energy, to prescribe ‘‘(2) A State may use a certification or (13) An identification of any military or ci- verification of job skills and experience pro- military personnel strengths for such vilian personnel, capability, and resource fiscal year, and for other purposes; vided to a member of the armed forces under gaps that would impact the execution of the subsection (a) and request the Department of which was ordered to lie on the table; roadmap described in paragraph (9) or any Defense or the Coast Guard, as the case may as follows: associated operational plan, and a mitiga- be, to confirm the accuracy and authenticity At the appropriate place, insert the fol- tion plan to address such gaps. of the certification or verification. A re- lowing: (14) An assessment of current and desired sponse confirming or denying the informa- partner nation contributions to countering SEC. ll. NORTH KOREA STRATEGY. tion shall be provided within five business threats from North Korea and a plan to en- (a) REPORT ON STRATEGY REQUIRED.—Not days.’’. later than 90 days after the date of the enact- hance diplomatic, economic, and military (d) IMPROVED NOTICE TO MEMBERS.—Sec- ment of this Act, the President shall submit cooperation with nations that have shared tion 1142(b)(4)(A) of title 10, United States to Congress a report that sets forth a strat- security interests. Code, is amended by inserting before the (c) FORM.—The report required by sub- egy of the United States with respect to semicolon the following: ‘‘, including State- section (a) shall be submitted in unclassified submitted and approved lists of military North Korea. form, but may include a classified annex. (b) ELEMENTS.—The report required by sub- training and skills that satisfy occupational (d) QUARTERLY UPDATES REQUIRED.—The certifications and licenses’’. section (a) shall include the following ele- President shall provide Congress with a ments: quarterly written progress report on the im- SA 860. Mr. SCHUMER submitted an (1) A description and assessment of the pri- plementation of the strategy required pursu- mary threats to United States national secu- ant to subsection (a) in unclassified form. amendment intended to be proposed by rity interests from North Korea. him to the bill H.R. 2810, to authorize (2) A description of support from foreign SA 859. Mr. BOOKER (for himself and appropriations for fiscal year 2018 for nations for North Korea’s nuclear and bal- Mrs. FISCHER) submitted an amend- military activities of the Department listic missile programs. ment intended to be proposed by him of Defense, for military construction, (3) A description of known foreign nation, to the bill H.R. 2810, to authorize ap- and for defense activities of the De- foreign entity, or individual violations of ex- isting United Nations sanctions against propriations for fiscal year 2018 for partment of Energy, to prescribe mili- North Korea, together with parameters for military activities of the Department tary personnel strengths for such fiscal determining whether and on what timeline it of Defense, for military construction, year, and for other purposes; which was serves United States interests to target and for defense activities of the De- ordered to lie on the table; as follows: those violators with unilateral secondary partment of Energy, to prescribe mili- At the end of subtitle G of title X, add the sanctions. tary personnel strengths for such fiscal following: (4) A description of the economic, political, year, and for other purposes; which was SEC. lll. PERMANENT RESIDENT STATUS FOR and trade relationships between China and ordered to lie on the table; as follows: ALEMSEGHED MUSSIE TESFAMICAL. North Korea and Russia and North Korea, in- At the end of subtitle D of title VI, add the (a) IN GENERAL.—Notwithstanding sub- cluding trends in those relationships and following: sections (a) and (b) of section 201 of the Im- their impact on the Government of North SEC. lll. IMPROVED EMPLOYMENT ASSIST- migration and Nationality Act (8 U.S.C. 1151) Korea. ANCE FOR MEMBERS OF THE ARMED and section 240 of such Act (8 U.S.C. 1229a), (5) A description of the economic, political, FORCES AND VETERANS. Alemseghed Mussie Tesfamical shall be eligi- and trade relationships between other coun- (a) IMPROVED EMPLOYMENT SKILLS ble for the issuance of an immigrant visa or tries and North Korea, and an identification VERIFICATION.—Section 1143(a) of title 10, for adjustment of status to that of an alien of countries that may be undermining United States Code, is amended— lawfully admitted for permanent residence United States objectives identified in para- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- upon filing an application for issuance of an graph (7). retary of Defense’’; and immigrant visa under section 204 of such Act (6) A description of the channels North (2) by adding at the end the following new (8 U.S.C. 1154) or for adjustment of status to Korea is using to access the United States paragraph: lawful permanent resident. and international financial systems, the de- ‘‘(2) In order to improve the accuracy and (b) ADJUSTMENT OF STATUS.—If Alemseghed gree to which those channels have been tar- completeness of a certification or Mussie Tesfamical enters the United States

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.040 S11SEPT1 S5120 CONGRESSIONAL RECORD — SENATE September 11, 2017 before the filing deadline specified in sub- (2) if applicable, the total number of immi- SA 863. Mr. BLUMENTHAL sub- section (c), Alemseghed Mussie Tesfamical grant visas that are made available to na- mitted an amendment intended to be shall be considered to have entered into and tives of the country of birth of Joel proposed by him to the bill H.R. 2810, remained lawfully in the United States and, Colindres under section 202(e) of such Act (8 to authorize appropriations for fiscal if otherwise eligible, shall be eligible for ad- U.S.C. 1152(e)). justment of status under section 245 of the (e) PAYGO.—The budgetary effects of this year 2018 for military activities of the Immigration and Nationality Act (8 U.S.C. Act, for the purpose of complying with the Department of Defense, for military 1255) as of the date of the enactment of this Statutory Pay-As-You-Go Act of 2010, shall construction, and for defense activities Act. be determined by reference to the latest of the Department of Energy, to pre- (c) DEADLINE FOR APPLICATION AND PAY- statement titled ‘‘Budgetary Effects of scribe military personnel strengths for MENT OF FEES.—Subsections (a) and (b) shall PAYGO Legislation’’ for this Act, submitted such fiscal year, and for other pur- apply only if the application for issuance of for printing in the Congressional Record by poses; which was ordered to lie on the an immigrant visa or for adjustment of sta- the Chairman of the Committee on the Budg- tus is filed by Alemseghed Mussie Tesfamical et of the Senate, provided that such state- table; as follows: with appropriate fees not later than 2 years ment has been submitted prior to the vote on At the appropriate place, insert the fol- after the date of the enactment of this Act. passage. lowing: (d) REDUCTION OF IMMIGRANT VISA NUM- SEC. ll. PERMANENT RESIDENT STATUS FOR BER.—Upon the granting of an immigrant SA 862. Mr. BLUMENTHAL sub- ADRIAN EMIN. visa or permanent residence to Alemseghed mitted an amendment intended to be (a) IN GENERAL.—Notwithstanding sub- Mussie Tesfamical, the Secretary of State proposed by him to the bill H.R. 2810, sections (a) and (b) of section 201 of the Im- shall instruct the proper officer to reduce by to authorize appropriations for fiscal migration and Nationality Act (8 U.S.C. 1, during the current or next following fiscal 1151), Adrian Emin shall be eligible for year, the total number of immigrant visas year 2018 for military activities of the issuance of an immigrant visa or for adjust- that are made available to natives of the Department of Defense, for military ment of status to that of an alien lawfully country of Alemseghed Mussie Tesfamical’s construction, and for defense activities admitted for permanent residence upon fil- birth under section 203(a) of the Immigration of the Department of Energy, to pre- ing an application for issuance of an immi- and Nationality Act (8 U.S.C. 1153(a)) or, if scribe military personnel strengths for grant visa under section 204 of such Act (8 applicable, the total number of immigrant such fiscal year, and for other pur- U.S.C. 1154) or for adjustment of status to visas that are made available to natives of lawful permanent resident. such country under section 202(e) of such Act poses; which was ordered to lie on the table; as follows: (b) ADJUSTMENT OF STATUS.—If Adrian (8 U.S.C. 1152(e)). Emin enters the United States before the fil- At the appropriate place, insert the fol- ing deadline specified in subsection (c), Adri- SA 861. Mr. BLUMENTHAL sub- lowing: an Emin shall be considered to have entered mitted an amendment intended to be SEC. ll. PERMANENT RESIDENT STATUS FOR and remained lawfully in the United States proposed by him to the bill H.R. 2810, VALENT KOLAMI. and shall be eligible for adjustment of status to authorize appropriations for fiscal (a) IN GENERAL.—Notwithstanding sub- under section 245 of the Immigration and Na- year 2018 for military activities of the sections (a) and (b) of section 201 of the Im- tionality Act (8 U.S.C. 1255) as of the date of Department of Defense, for military migration and Nationality Act (8 U.S.C. the enactment of this Act. construction, and for defense activities 1151), Valent Kolami shall be eligible for (c) APPLICATION AND PAYMENT OF FEES.— issuance of an immigrant visa or for adjust- Subsections (a) and (b) shall apply only if the of the Department of Energy, to pre- ment of status to that of an alien lawfully scribe military personnel strengths for application for the issuance of an immigrant admitted for permanent residence upon fil- visa or the application for adjustment of sta- such fiscal year, and for other pur- ing an application for issuance of an immi- tus is filed with appropriate fees not later poses; which was ordered to lie on the grant visa under section 204 of such Act (8 than 2 years after the date of the enactment table; as follows: U.S.C. 1154) or for adjustment of status to of this Act. At the appropriate place, insert the fol- lawful permanent resident. (d) REDUCTION OF IMMIGRANT VISA NUM- lowing: (b) ADJUSTMENT OF STATUS.—If Valent BERS.—Upon the granting of an immigrant SEC. ll. PERMANENT RESIDENT STATUS FOR Kolami enters the United States before the visa or permanent residence to Adrian Emin, JOEL COLINDRES. filing deadline specified in subsection (c), the Secretary of State shall instruct the (a) IN GENERAL.—Notwithstanding sub- Valent Kolami shall be considered to have proper officer to reduce by 1, during the cur- sections (a) and (b) of section 201 of the Im- entered and remained lawfully in the United rent or next following fiscal year— migration and Nationality Act (8 U.S.C. States and shall be eligible for adjustment of (1) the total number of immigrant visas 1151), Joel Colindres shall be eligible for status under section 245 of the Immigration that are made available to natives of the issuance of an immigrant visa or for adjust- and Nationality Act (8 U.S.C. 1255) as of the country of birth of Adrian Emin under sec- ment of status to that of an alien lawfully date of the enactment of this Act. tion 203(a) of the Immigration and Nation- admitted for permanent residence upon fil- (c) APPLICATION AND PAYMENT OF FEES.— ality Act (8 U.S.C. 1153(a)); or ing an application for issuance of an immi- Subsections (a) and (b) shall apply only if the (2) if applicable, the total number of immi- grant visa under section 204 of such Act (8 application for the issuance of an immigrant grant visas that are made available to na- U.S.C. 1154) or for adjustment of status to visa or the application for adjustment of sta- tives of the country of birth of Adrian Emin lawful permanent resident. tus is filed with appropriate fees not later under section 202(e) of such Act (8 U.S.C. (b) ADJUSTMENT OF STATUS.—If Joel than 2 years after the date of the enactment 1152(e)). Colindres enters the United States before the of this Act. (e) PAYGO.—The budgetary effects of this filing deadline specified in subsection (c), (d) REDUCTION OF IMMIGRANT VISA NUM- Act, for the purpose of complying with the Joel Colindres shall be considered to have BERS.—Upon the granting of an immigrant Statutory Pay-As-You-Go Act of 2010, shall entered and remained lawfully in the United visa or permanent residence to Valent be determined by reference to the latest States and shall be eligible for adjustment of Kolami, the Secretary of State shall instruct statement titled ‘‘Budgetary Effects of status under section 245 of the Immigration the proper officer to reduce by 1, during the PAYGO Legislation’’ for this Act, submitted and Nationality Act (8 U.S.C. 1255) as of the current or next following fiscal year— for printing in the Congressional Record by date of the enactment of this Act. (1) the total number of immigrant visas the Chairman of the Senate Budget Com- (c) APPLICATION AND PAYMENT OF FEES.— that are made available to natives of the mittee, provided that such statement has Subsections (a) and (b) shall apply only if the country of birth of Valent Kolami under sec- been submitted prior to the vote on passage. application for the issuance of an immigrant tion 203(a) of the Immigration and Nation- visa or the application for adjustment of sta- ality Act (8 U.S.C. 1153(a)); or SA 864. Mr. BLUMENTHAL sub- tus is filed with appropriate fees not later (2) if applicable, the total number of immi- mitted an amendment intended to be than 2 years after the date of the enactment grant visas that are made available to na- of this Act. tives of the country of birth of Valent proposed by him to the bill H.R. 2810, (d) REDUCTION OF IMMIGRANT VISA NUM- Kolami under section 202(e) of such Act (8 to authorize appropriations for fiscal BERS.—Upon the granting of an immigrant U.S.C. 1152(e)). year 2018 for military activities of the visa or permanent residence to Joel (e) PAYGO.—The budgetary effects of this Department of Defense, for military Colindres, the Secretary of State shall in- Act, for the purpose of complying with the construction, and for defense activities struct the proper officer to reduce by 1, dur- Statutory Pay-As-You-Go Act of 2010, shall of the Department of Energy, to pre- ing the current or next following fiscal be determined by reference to the latest scribe military personnel strengths for year— statement titled ‘‘Budgetary Effects of such fiscal year, and for other pur- (1) the total number of immigrant visas PAYGO Legislation’’ for this Act, submitted that are made available to natives of the for printing in the Congressional Record by poses; which was ordered to lie on the country of birth of Joel Colindres under sec- the Chairman of the Senate Budget Com- table; as follows: tion 203(a) of the Immigration and Nation- mittee, provided that such statement has At the appropriate place, insert the fol- ality Act (8 U.S.C. 1153(a)); or been submitted prior to the vote on passage. lowing:

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.040 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5121 SEC. ll. PERMANENT RESIDENT STATUS FOR U.S.C. 1154) or for adjustment of status to United States before the filing deadline spec- NURY CHAVARRIA. lawful permanent resident. ified in subsection (c), Luis Barrios, Valent (a) IN GENERAL.—Notwithstanding sub- (b) ADJUSTMENT OF STATUS.—If Valent Kolami, Nury Chavarria, Joel Colindres, or sections (a) and (b) of section 201 of the Im- Kolami, Nury Chavarria, Joel Colindres, or Adrian Emin, as applicable, shall be consid- migration and Nationality Act (8 U.S.C. Adrian Emin enters the United States before ered to have entered and remained lawfully 1151), Nury Chavarria shall be eligible for the filing deadline specified in subsection (c), in the United States and shall be eligible for issuance of an immigrant visa or for adjust- Valent Kolami, Nury Chavarria, Joel adjustment of status under section 245 of the ment of status to that of an alien lawfully Colindres, or Adrian Emin, as applicable, Immigration and Nationality Act (8 U.S.C. admitted for permanent residence upon fil- shall be considered to have entered and re- 1255) as of the date of the enactment of this ing an application for issuance of an immi- mained lawfully in the United States and Act. grant visa under section 204 of such Act (8 shall be eligible for adjustment of status (c) APPLICATION AND PAYMENT OF FEES.— U.S.C. 1154) or for adjustment of status to under section 245 of the Immigration and Na- Subsections (a) and (b) shall apply only if the lawful permanent resident. tionality Act (8 U.S.C. 1255) as of the date of application for the issuance of an immigrant (b) ADJUSTMENT OF STATUS.—If Nury the enactment of this Act. visa or the application for adjustment of sta- Chavarria enters the United States before (c) APPLICATION AND PAYMENT OF FEES.— tus is filed with appropriate fees not later the filing deadline specified in subsection (c), Subsections (a) and (b) shall apply only if the than 2 years after the date of the enactment Nury Chavarria shall be considered to have application for the issuance of an immigrant of this Act. entered and remained lawfully in the United visa or the application for adjustment of sta- (d) REDUCTION OF IMMIGRANT VISA NUM- States and shall be eligible for adjustment of tus is filed with appropriate fees not later BERS.—Upon the granting of an immigrant status under section 245 of the Immigration than 2 years after the date of the enactment visa or permanent residence to Luis Barrios, and Nationality Act (8 U.S.C. 1255) as of the of this Act. Valent Kolami, Nury Chavarria, Joel date of the enactment of this Act. (d) REDUCTION OF IMMIGRANT VISA NUM- Colindres, or Adrian Emin, the Secretary of (c) APPLICATION AND PAYMENT OF FEES.— BERS.—Upon the granting of an immigrant State shall instruct the proper officer to re- Subsections (a) and (b) shall apply only if the visa or permanent residence to Valent duce by 1, during the current or next fol- application for the issuance of an immigrant Kolami, Nury Chavarria, Joel Colindres, or lowing fiscal year— visa or the application for adjustment of sta- Adrian Emin, the Secretary of State shall in- (1) the total number of immigrant visas tus is filed with appropriate fees not later struct the proper officer to reduce by 1, dur- that are made available to natives of the than 2 years after the date of the enactment ing the current or next following fiscal country of birth of Luis Barrios, Valent of this Act. year— Kolami, Nury Chavarria, Joel Colindres, or (d) REDUCTION OF IMMIGRANT VISA NUM- (1) the total number of immigrant visas Adrian Emin, as applicable, under section BERS.—Upon the granting of an immigrant that are made available to natives of the 203(a) of the Immigration and Nationality visa or permanent residence to Nury country of birth of Valent Kolami, Nury Act (8 U.S.C. 1153(a)); or Chavarria, the Secretary of State shall in- Chavarria, Joel Colindres, or Adrian Emin, (2) the total number of immigrant visas struct the proper officer to reduce by 1, dur- as applicable, under section 203(a) of the Im- that are made available to natives of the ing the current or next following fiscal migration and Nationality Act (8 U.S.C. country of birth of Luis Barrios, Valent year— 1153(a)); or Kolami, Nury Chavarria, Joel Colindres, or (1) the total number of immigrant visas (2) the total number of immigrant visas Adrian Emin, as applicable, under section that are made available to natives of the that are made available to natives of the 202(e) of such Act (8 U.S.C. 1152(e)). (e) PAYGO.—The budgetary effects of this country of birth of Nury Chavarria under country of birth of Valent Kolami, Nury Act, for the purpose of complying with the section 203(a) of the Immigration and Na- Chavarria, Joel Colindres, or Adrian Emin, Statutory Pay-As-You-Go Act of 2010, shall tionality Act (8 U.S.C. 1153(a)); or as applicable, under section 202(e) of such be determined by reference to the latest (2) if applicable, the total number of immi- Act (8 U.S.C. 1152(e)). statement titled ‘‘Budgetary Effects of grant visas that are made available to na- (e) PAYGO.—The budgetary effects of this PAYGO Legislation’’ for this Act, submitted tives of the country of birth of Nury Act, for the purpose of complying with the for printing in the Congressional Record by Chavarria under section 202(e) of such Act (8 Statutory Pay-As-You-Go Act of 2010, shall the Chairman of the Senate Budget Com- U.S.C. 1152(e)). be determined by reference to the latest mittee, provided that such statement has (e) PAYGO.—The budgetary effects of this statement titled ‘‘Budgetary Effects of been submitted prior to the vote on passage. Act, for the purpose of complying with the PAYGO Legislation’’ for this Act, submitted Statutory Pay-As-You-Go Act of 2010, shall for printing in the Congressional Record by SA 867. Ms. WARREN (for herself and be determined by reference to the latest the Chairman of the Senate Budget Com- Mr. TILLIS) submitted an amendment statement titled ‘‘Budgetary Effects of mittee, provided that such statement has intended to be proposed by her to the PAYGO Legislation’’ for this Act, submitted been submitted prior to the vote on passage. for printing in the Congressional Record by bill H.R. 2810, to authorize appropria- the Chairman of the Committee on the Budg- SA 866. Mr. BLUMENTHAL sub- tions for fiscal year 2018 for military et of the Senate, provided that such state- mitted an amendment intended to be activities of the Department of De- ment has been submitted prior to the vote on proposed by him to the bill H.R. 2810, fense, for military construction, and passage. to authorize appropriations for fiscal for defense activities of the Depart- year 2018 for military activities of the ment of Energy, to prescribe military SA 865. Mr. BLUMENTHAL sub- personnel strengths for such fiscal mitted an amendment intended to be Department of Defense, for military construction, and for defense activities year, and for other purposes; which was proposed by him to the bill H.R. 2810, ordered to lie on the table; as follows: to authorize appropriations for fiscal of the Department of Energy, to pre- scribe military personnel strengths for At the end of subtitle C of title XVI, add year 2018 for military activities of the the following: Department of Defense, for military such fiscal year, and for other pur- poses; which was ordered to lie on the SEC. 1630C. REPORT ON SIGNIFICANT SECURITY construction, and for defense activities RISKS OF DEFENSE CRITICAL ELEC- of the Department of Energy, to pre- table; as follows: TRIC INFRASTRUCTURE. scribe military personnel strengths for At the appropriate place, insert the fol- (a) REPORT REQUIRED.—Not later than 90 lowing: days after the date of the enactment of this such fiscal year, and for other pur- Act, the Secretary of Defense shall, in co- poses; which was ordered to lie on the SEC. ll. PERMANENT RESIDENT STATUS FOR LUIS BARRIOS, VALENT KOLAMI, ordination with the Director of National In- table; as follows: NURY CHAVARRIA, JOEL telligence, the Secretary of Energy, and the At the appropriate place, insert the fol- COLINDRES, AND ADRIAN EMIN. Secretary of Homeland Security, submit to lowing: (a) IN GENERAL.—Notwithstanding sub- the appropriate committees of Congress a re- SEC. ll. PERMANENT RESIDENT STATUS FOR sections (a) and (b) of section 201 of the Im- port setting forth the following: VALENT KOLAMI, NURY CHAVARRIA, migration and Nationality Act (8 U.S.C. (1) Identification of significant security JOEL COLINDRES, AND ADRIAN 1151), Luis Barrios, Valent Kolami, Nury risks to defense critical electric infrastruc- EMIN. Chavarria, Joel Colindres, and Adrian Emin ture posed by significant malicious cyber-en- (a) IN GENERAL.—Notwithstanding sub- shall each be eligible for issuance of an im- abled activities. sections (a) and (b) of section 201 of the Im- migrant visa or for adjustment of status to (2) An assessment of the potential effect of migration and Nationality Act (8 U.S.C. that of an alien lawfully admitted for perma- the security risks identified pursuant to 1151), Valent Kolami, Nury Chavarria, Joel nent residence upon filing an application for paragraph (1) on the readiness of the Armed Colindres, and Adrian Emin shall each be eli- issuance of an immigrant visa under section Forces. gible for issuance of an immigrant visa or for 204 of such Act (8 U.S.C. 1154) or for adjust- (3) An assessment of the strategic benefits adjustment of status to that of an alien law- ment of status to lawful permanent resident. derived from, and the challenges associated fully admitted for permanent residence upon (b) ADJUSTMENT OF STATUS.—If Luis with, isolating military infrastructure from filing an application for issuance of an immi- Barrios, Valent Kolami, Nury Chavarria, the national electric grid and the use of grant visa under section 204 of such Act (8 Joel Colindres, or Adrian Emin enters the microgrids by the Armed Forces.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.041 S11SEPT1 S5122 CONGRESSIONAL RECORD — SENATE September 11, 2017

(4) Recommendations on actions to be (b) FINDINGS.—Congress makes the fol- of the events that were publicly attributed taken— lowing findings: this past weekend, and gave them a heads (A) to eliminate or mitigate the security (1) In January 2017, the Director of Na- up, ‘Look we’re watching the Russians, we’re risks identified pursuant to paragraph (1); tional Intelligence (referred to in this Act as seeing them penetrate some of your infra- and the ‘‘DNI’’), in coordination with the Central structure.’.’’. (B) to address the effect of those security Intelligence Agency, the Federal Bureau of (12) In February 2017, the United Kingdom’s risks on the readiness of the Armed Forces Investigation (referred to in this Act as the Defence Secretary Fallon stated that— identified pursuant to paragraph (2). ‘‘FBI’’), and the National Security Agency, (A) all North Atlantic Treaty Organization (b) FORM OF REPORT.—The report required judged with high confidence that Russian (NATO) countries must support reform ‘‘to by subsection (a) shall be submitted in un- President Vladimir Putin ordered an influ- make NATO more agile, resilient, and better classified form, but may include a classified ence campaign aimed at the 2016 United configured to operate in the contemporary annex. States presidential election. environment including against hybrid and (c) DEFINITIONS.—In this section: (2) The DNI report stated, ‘‘[The Depart- cyber-attacks’’; and (1) The term ‘‘appropriate committees of ment of Homeland Security] assesses that (B) ‘‘NATO must defend itself as effec- Congress’’ means— the types of systems Russian actors targeted tively in the cyber sphere as it does in the (A) the congressional defense committees; or compromised were not involved in vote air, on land, and at sea.’’. (B) the Committee on Energy and Natural tallying.’’. (c) DEFINITIONS.—In this section: Resources and the Committee on Homeland (3) On January 10, 2017, the DNI stated, in (1) APPROPRIATE CONGRESSIONAL COMMIT- Security and Governmental Affairs of the testimony before the Select Committee on TEES.—The term ‘‘appropriate congressional Senate; and Intelligence of the Senate, ‘‘We can say that committees’’ means— (C) the Committee on Energy and Com- we did not see evidence of the Russians alter- (A) the Committee on Foreign Relations of merce and the Committee on Homeland Se- ing vote tallies.’’. the Senate; curity of the House of Representatives. (4) On March 20, 2017, FBI Director James (B) the Committee on Foreign Affairs of (2) The term ‘‘defense critical electric in- Comey stated, in testimony before the Per- the House of Representatives; frastructure’’— manent Select Committee on Intelligence of (C) the Subcommittee on State, Foreign (A) has the meaning given such term in the House of Representatives, ‘‘We also, as a Operations, and Related Programs of the section 215A(a) of the Federal Power Act (16 government, supplied information to all the Committee on Appropriations of the Senate; U.S.C. 824o–1(a)); and states so they could equip themselves to (D) the Subcommittee on State, Foreign (B) shall include any electric infrastruc- make sure there was no successful effort to Operations, and Related Programs of the ture located in any of the 48 contiguous affect the vote and there was none, as we Committee on Appropriations of the House States or the District of Columbia that said earlier.’’. of Representatives; serves a facility— (5) The DNI, in coordination with the Cen- (E) the Select Committee on Intelligence (i) designated by the Secretary of Defense tral Intelligence Agency, the FBI, and the of the Senate; as— National Security Agency, judged that Rus- (F) the Permanent Select Committee on (I) critical to the defense of the United sia’s intelligence services conducted cyber Intelligence of the House of Representatives; States; and operations against targets associated with (G) the Committee on Homeland Security (II) vulnerable to a disruption of the supply the 2016 United States presidential election. and Governmental Affairs of the Senate; of electric energy provided to such facility (6) The DNI assessed that the Russian Gov- (H) the Committee on Homeland Security by an external provider; and ernment’s campaign aimed at the United of the House of Representatives; (ii) that is not owned or operated by the States election featured— (I) the Committee on Armed Services of owner or operator of such facility. (A) disclosures of data obtained through the Senate; (3) The term ‘‘security risk’’ shall have Russian cyber operations; (J) the Committee on Armed Services of the House of Representatives; such meaning as the Secretary of Defense (B) intrusions into United States state and (K) the Committee on the Judiciary of the shall determine, in coordination with the Di- local election boards; and Senate; and rector of National Intelligence and the Sec- (C) overt propaganda. (L) the Committee on the Judiciary of the retary of Energy, for purposes of the report (7) Russia’s use of public disclosures of House of Representatives. required by subsection (a). Russian-collected data during the United (2) APPROPRIATE FEDERAL AGENCIES.—The (4) The term ‘‘significant malicious cyber- States election was unprecedented. (8) The DNI, in coordination with the Cen- term ‘‘appropriate Federal agencies’’ enabled activities’’ include— tral Intelligence Agency, the FBI, and the means— (A) significant efforts— National Security Agency, assessed that (A) the Department of Defense; (i) to deny access to or degrade, disrupt, or Russia will apply lessons learned from its (B) the Department of Homeland Security; destroy an information and communications Putin-ordered campaign aimed at the United (C) the Department of Justice; technology system or network; or States presidential election to influence fu- (D) the Department of the Treasury; (ii) to exfiltrate, degrade, corrupt, destroy, ture elections worldwide, including against (E) the Office of the Director of National or release information from such a system or United States allies and their election proc- Intelligence; and network without authorization for purposes esses. (F) the Department of Commerce of— (9) In May 2016, Germany’s domestic intel- (3) HYBRID WARFARE.—The term ‘‘hybrid (I) conducting influence operations; or ligence agency assessed that hackers linked warfare’’ means a military strategy that (II) causing a significant misappropriation to the Russian Government had targeted blends conventional warfare, irregular war- of funds, economic resources, trade secrets, Chancellor Angela Merkel’s Christian Demo- fare, informational warfare, and cyber war- personal identifications, or financial infor- cratic Union party and German state com- fare. mation for commercial or competitive ad- puters. (d) TRANS-ATLANTIC CYBERSECURITY CO- vantage or private financial gain; (10) The head of Germany’s foreign intel- OPERATION STRATEGY.— (B) significant destructive malware at- ligence service, Bruno Kahl, later asserted (1) IN GENERAL.—Not later than 120 days tacks; and that Germany had ‘‘evidence that cyber-at- after the date of the enactment of this Act, (C) significant denial of service activities. tacks are taking place that have no other the Secretary of State, in coordination with SA 868. Mr. VAN HOLLEN submitted purpose than to elicit political uncertainty. the heads of the appropriate Federal agen- The perpetrators are interested in cies, shall develop, and submit to the appro- an amendment intended to be proposed delegitimizing the democratic process as priate congressional committees, a trans-At- by him to the bill H.R. 2810, to author- such, regardless of who that ends of helping. lantic cybersecurity strategy, with a classi- ize appropriations for fiscal year 2018 We have indications that [the attacks] come fied annex if necessary, that includes— for military activities of the Depart- from the Russian region.’’ In November 2016, (A) a plan of action to guide United States ment of Defense, for military construc- German Chancellor Merkel, said, ‘‘such cooperation with North Atlantic Treaty Or- tion, and for defense activities of the cyber-attacks, or hybrid conflicts as they are ganization (NATO) allies to respond to Rus- Department of Energy, to prescribe known in Russian doctrine, are now part of sia’s hybrid warfare against NATO allies; military personnel strengths for such daily life and we must learn to cope with (B) a plan of action to guide United States them’’. cooperation with European partners, includ- fiscal year, and for other purposes; (11) On May 9, 2017, Admiral Michael Rog- ing non-NATO nations, to counter Russia’s which was ordered to lie on the table; ers, United States Cyber Command com- cyber efforts to undermine democratic elec- as follows: mander and Director of the National Secu- tions in the United States and Europe; At the appropriate place, insert the fol- rity Agency, testified before the Committee (C) an assessment of nonmilitary tools and lowing: on Armed Services of the Senate that the tactics, including sanctions, indictments, or SECTION 1. STRENGTHENING ALLIED CYBERSE- United States surveilled Russian hackers at- other actions that the United States can use, CURITY. tack French computer systems as the French unilaterally or in cooperation with like- (a) SHORT TITLE.—This section may be election approached. In his testimony, Rog- minded nations, to counter Russia’s mali- cited as the ‘‘Strengthening Allied Cyberse- ers said, ‘‘We had talked to our French coun- cious cyber activity in the United States and curity Act of 2017’’. terparts prior to the public announcements Europe; and

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.050 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5123 (D) a review of resources required by the SA 870. Mr. COTTON (for himself and At the end of division A, add the following: Department of State and appropriate Federal Mr. GRAHAM) submitted an amendment TITLE XVII—PREVENTION OF MILITARIZA- agencies to conduct activities to build co- intended to be proposed by him to the TION OF LAW ENFORCEMENT BY EX- operation with NATO allies and European bill H.R. 2810, to authorize appropria- CESS FEDERAL PROPERTY TRANSFERS partners on countering Russia’s hybrid war- tions for fiscal year 2018 for military fare and disinformation efforts. SEC. 1701. SHORT TITLE. (2) CIVIL LIBERTIES AND PRIVACY.—The Sec- activities of the Department of De- This title may be cited as the ‘‘Stop Mili- retary of State shall ensure that the imple- fense, for military construction, and tarizing Law Enforcement Act’’. for defense activities of the Depart- mentation of the strategy described in para- SEC. 1702. ADDITIONAL LIMITATIONS ON TRANS- graph (1) is consistent with United States ment of Energy, to prescribe military FER OF DEPARTMENT OF DEFENSE standards for civil liberties and privacy pro- personnel strengths for such fiscal PERSONAL PROPERTY TO FEDERAL tections. year, and for other purposes; which was AND STATE LAW ENFORCEMENT (e) FEDERAL CYBERSECURITY LIAISON TO ordered to lie on the table; as follows: AGENCIES. UNITED STATES PRESIDENTIAL CAMPAIGNS AND At the end of subtitle C of title II, add the (a) ADDITIONAL LIMITATIONS.— MAJOR NATIONAL POLITICAL PARTY COMMIT- following: (1) IN GENERAL.—Section 2576a of title 10, TEES.— United States Code, is amended— SEC. 236. VERY-LOW PROFILE HARDWARE TO (1) APPOINTMENT.—The Director of the Fed- INTERACT WITH THE MOBILE USER (A) in subsection (a)— eral Bureau of Investigation shall appoint, at OBJECTIVE SYSTEM AND OTHER (i) in paragraph (1)— the rank of Executive Assistant Director, a SYSTEMS. (I) in the matter preceding subparagraph cybersecurity liaison for presidential cam- (a) ADDITIONAL FUNDING.—The amount au- (A), by striking ‘‘subsection (b)’’ and insert- paigns and major national political party thorized to be appropriated for fiscal year ing ‘‘the provisions of this section’’; and committees, who, at the request of presi- 2018 by section 201 for research, development, (II) in subparagraph (A), by striking ‘‘, in- dential campaigns and major national polit- test, and evaluation is hereby increased by cluding counter-drug and counterterrorism ical party committees, shall— $8,000,000, with the amount of the increase to activities’’; and (A) regularly share cybersecurity best be available for the Joint Tactical Informa- (ii) in paragraph (2), by striking ‘‘and the practices and protocols with each presi- tion Distribution System (PE 0604771D8Z). Director of National Drug Control Policy’’; dential campaign, the Democratic National (b) AVAILABILITY.—The amount available (B) in subsection (b)— Committee, the Republican National Com- under subsection (a) shall be available for (i) in paragraph (3), by striking ‘‘and’’ at mittee, the Democratic Senatorial Campaign the Secretary of Defense to study and dem- the end; Committee, the National Republican Senato- onstrate very-low profile hardware, such as (ii) in paragraph (4), by striking the period rial Committee, the Democratic Congres- antennas and chipsets, with software, and inserting a semicolon; and sional Campaign Committee, and the Na- encryption, and cyber and network manage- (iii) by adding at the end the following new tional Republican Congressional Committee; ment tools necessary to interact with the paragraphs: and Mobile User Objective System (MUOS) and ‘‘(5) the recipient certifies to the Depart- (B) provide the timely sharing of cyberse- other systems that are considered part of the ment of Defense that it has the personnel curity threats to such campaigns and com- Internet of things to provide command, con- and technical capacity, including training, mittees to prevent or mitigate adverse ef- trol, communications, and cyber restoral ca- to operate the property; and fects from such cybersecurity threats. pabilities. ‘‘(6) the recipient certifies to the Depart- (f) REPORTING REQUIREMENT.—The Sec- (c) OFFSET.—The amount authorized to be ment of Defense that if the recipient deter- retary of State, in coordination with the appropriated for fiscal year 2018 by section mines that the property is surplus to the heads of the appropriate Federal agencies, 301 for operation and maintenance is hereby needs of the recipient, the recipient will re- decreased by $8,000,000, with the amount of shall submit an annual report to the appro- turn the property to the Department of De- the decrease to be applied as an increase to priate congressional committees on the im- fense.’’; the reduction from fuel savings in the fund- plementation of the trans-Atlantic cyberse- (C) by striking subsection (d); and ing table in section 4301. curity cooperation strategy developed under (D) by adding at the end the following new subsection (d). SA 871. Mr. PAUL submitted an subsections: SA 869. Mrs. GILLIBRAND (for her- amendment intended to be proposed by ‘‘(d) LIMITATIONS ON TRANSFERS.—The Sec- self and Ms. COLLINS) submitted an him to the bill H.R. 2810, to authorize retary of Defense may not transfer under amendment intended to be proposed by this section any property as follows: appropriations for fiscal year 2018 for ‘‘(1) Weapons, weapon parts, and weapon her to the bill H.R. 2810, to authorize military activities of the Department components, including camouflage and de- appropriations for fiscal year 2018 for of Defense, for military construction, ception equipment, and optical sights. military activities of the Department and for defense activities of the De- ‘‘(2) Weapon system specific vehicular ac- of Defense, for military construction, partment of Energy, to prescribe mili- cessories. and for defense activities of the De- tary personnel strengths for such fiscal ‘‘(3) Demolition materials. partment of Energy, to prescribe mili- year, and for other purposes; which was ‘‘(4) Explosive ordinance. tary personnel strengths for such fiscal ordered to lie on the table; as follows: ‘‘(5) Night vision equipment. ‘‘(6) Tactical clothing, including uniform year, and for other purposes; which was At the end of subtitle E of title X, add the clothing and footwear items, special purpose ordered to lie on the table; as follows: following: clothing items, and specialized flight cloth- At the end of subtitle C of title V, add the SEC. lll. REPEAL OF AUTHORIZATION FOR ing and accessories. following: USE OF MILITARY FORCE AND AU- THORIZATION FOR USE OF MILI- ‘‘(7) Drones. SEC. lll. RETENTION AND SERVICE OF TARY FORCE AGAINST IRAQ RESO- ‘‘(8) Combat, assault, and tactical vehicles, TRANSGENDER MEMBERS OF THE LUTION OF 2002. including Mine-Resistant Ambush Protected ARMED FORCES. Effective as of the date that is six months (MRAP) vehicles. (a) SENSE OF CONGRESS.—It is the sense of Congress that individuals who are qualified after the date of the enactment of this Act, ‘‘(9) Training aids and devices. and can meet the standards to serve in the the following are repealed: ‘‘(10) Firearms of .50 caliber or higher, am- military should be eligible to serve. (1) The Authorization for Use of Military munition of .50 caliber or higher, grenade (b) PROHIBITION ON CERTAIN ACTIONS BASED Force (Public Law 107–40; 50 U.S.C. 1541 launchers, flash grenades, and bayonets. ON MEMBER GENDER IDENTITY.—A member of note). ‘‘(e) APPROVAL BY LAW REQUIRED FOR the Armed Forces may not be involuntarily (2) The Authorization for Use of Military TRANSFER OF PROPERTY NOT PREVIOUSLY separated from the Armed Forces, or denied Force Against Iraq Resolution of 2002 (Public TRANSFERRABLE.—(1) In the event the Sec- reenlistment or continuation in service in Law 107–243; 50 U.S.C. 1541 note). retary of Defense proposes to make available the Armed Forces, solely on the basis of the for transfer under this section any property member’s gender identity. SA 872. Mr. PAUL (for himself, Mr. of the Department of Defense not previously (c) REVIEW OF ACCESSION OF TRANSGENDER SCHATZ, and Mr. WYDEN) submitted an made available for transfer under this sec- INDIVIDUALS INTO THE ARMED FORCES.— amendment intended to be proposed by tion, the Secretary shall submit to the ap- (1) DEADLINE FOR COMPLETION OF REVIEW.— him to the bill H.R. 2810, to authorize propriate committees of Congress a report The Secretary of Defense shall complete the appropriations for fiscal year 2018 for setting forth the following: review of policy on the accession of military activities of the Department ‘‘(A) A description of the property proposed transgender individuals into the Armed of Defense, for military construction, to be made available for transfer. Forces announced by the Secretary on June ‘‘(B) A description of the conditions, if any, 30, 2017, by not later than December 31, 2017. and for defense activities of the De- to be imposed on use of the property after (2) REPORT.—Not later than February 21, partment of Energy, to prescribe mili- transfer. 2018, the Secretary shall submit to Congress tary personnel strengths for such fiscal ‘‘(C) A certification that transfer of the a comprehensive report on the results of the year, and for other purposes; which was property would not violate a provision of review of policy described in paragraph (1). ordered to lie on the table; as follows: this section or any other provision of law.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.050 S11SEPT1 S5124 CONGRESSIONAL RECORD — SENATE September 11, 2017 ‘‘(2) The Secretary may not transfer any ‘‘(B) the eligibility of the agency to receive (1) to be used to buy, maintain, or alter— property covered by a report under this sub- property transferred under this section has (A) explosive entry equipment; section unless authorized by a law enacted been suspended or terminated. (B) head and face protection equipment, by Congress after the date of the receipt of ‘‘(h) WEBSITE.—The Defense Logistics other than those to be used by certified the report by Congress. Agency shall maintain, and update on a bomb technicians; ‘‘(f) ANNUAL CERTIFICATION ACCOUNTING FOR quarterly basis, an Internet website on (C) canines (other than bomb-sniffing ca- TRANSFERRED PROPERTY.—(1) The Secretary which the following information shall be nines for agencies with certified bomb tech- of Defense shall submit to the appropriate made publicly available in a searchable for- nicians or for use in search and rescue oper- committees of Congress each year a certifi- mat: ations); cation in writing that each recipient to ‘‘(1) A description of each transfer made (D) tactical or armored vehicles; which the Secretary has transferred property under this section, including transfers made (E) long range hailing and warning devices; under this section during the preceding fiscal before the date of the enactment of the Stop (F) tactical entry equipment (other than year— Militarizing Law Enforcement Act, set forth for use by specialized teams such as Accred- ‘‘(A) has provided to the Secretary docu- by State, county, and recipient agency, and ited Bomb Squads, Tactical Entry, or Special mentation accounting for all property the including item name, item type, item model, Weapons and Tactics (SWAT) Teams); or Secretary has previously transferred to such and quantity. (G) firearms of .50 caliber or higher, ammu- recipient under this section; and ‘‘(2) A list of all property transferred under nition of .50 caliber or higher, grenade ‘‘(B) has complied with paragraphs (5) and this section that is not accounted for by the launchers, flash grenades, or bayonets; (6) of subsection (b) with respect to the prop- Defense Logistics Agency, including— (2) to be used to buy, maintain, or alter erty so transferred during such fiscal year. ‘‘(A) the name of the State, county, and re- body armor or ballistic helmets and shields ‘‘(2) If the Secretary cannot provide a cer- cipient agency; unless the grantee certifies to the Agency tification under paragraph (1) for a recipient, ‘‘(B) the item name, item type, and item that the equipment will not be used for riot the Secretary may not transfer additional model; suppression. property to such recipient under this sec- ‘‘(C) the date on which such property be- tion, effective as of the date on which the came unaccounted for by the Defense Logis- (c) REVIEW OF PRIOR RECEIPT OF PROPERTY Secretary would otherwise make the certifi- tics Agency; and BEFORE AWARD.—In making an award under cation under this subsection, and such re- ‘‘(D) the current status of such item. a preparedness grant program, the Agency cipient shall be suspended or terminated ‘‘(3) A list of each agency suspended or ter- shall— from further receipt of property under this minated from further receipt of property (1) determine whether the awardee has al- section. under this section, including State, county, ready received, and still retains, property ‘‘(g) CONDITIONS FOR EXTENSION OF PRO- and agency, and the reason for and duration from the Department of Defense pursuant to GRAM.—Notwithstanding any other provision of such suspension or termination. section 2576a of title 10, United States Code, of law, amounts authorized to be appro- ‘‘(i) DEFINITIONS.—In this section: including through review of the website priated or otherwise made available for any ‘‘(1) The term ‘appropriate committees of maintained by the Defense Logistics Agency fiscal year may not be obligated or expended Congress’ means— pursuant to subsection (h) of such section (as to carry out this section unless the Sec- ‘‘(A) the Committee on Armed Services and added by section 1702(a)(1) of this Act); retary submits to the appropriate commit- the Committee on Homeland Security and (2) require that the award may not be used tees of Congress a certification that for the Governmental Affairs of the Senate; and by the awardee to procure or obtain property preceding fiscal year that— ‘‘(B) the Committee on Armed Services and determined to be retained by the awardee ‘‘(1) each recipient agency that has re- the Committee on Oversight and Govern- pursuant to paragraph (1); and ceived property under this section has— ment Reform of the House of Representa- (3) require that the award only be used to ‘‘(A) demonstrated 100 percent account- tives. procure or obtain property in accordance ability for all such property, in accordance ‘‘(2) The term ‘agent of a State Coordi- with use restrictions contained within the with paragraph (2) or (3), as applicable; or nator’ means any individual to whom a State Agency’s State and Local Preparedness Coordinator formally delegates responsibil- ‘‘(B) been suspended or terminated from Grant Programs’ Authorized Equipment ities for the duties of the State Coordinator the program pursuant to paragraph (4); List. ‘‘(2) with respect to each non-Federal agen- to conduct inventories described in sub- cy that has received property under this sec- section (g)(2). (d) USE OF GRANT PROGRAM FUNDS FOR RE- tion, the State Coordinator responsible for ‘‘(3) The term ‘State Coordinator’, with re- QUIRED RETURN OF PROPERTY TO DOD.—Not- each such agency has verified that the State spect to a State, means the individual ap- withstanding any other provision of law, the Coordinator or an agent of the State Coordi- pointed by the governor of the State to use of funds by a State or local agency to re- nator has conducted an in-person inventory maintain property accountability records turn to the Department of Defense property of the property transferred to the agency and and oversee property use by the State.’’. transferred to such State or local agency (2) EFFECTIVE DATE.—The amendments that 100 percent of such property was ac- pursuant to section 2676a of title 10, United made by this subsection shall take effect on counted for during the inventory or that the States Code, as such return is required by agency has been suspended or terminated the date of the enactment of this Act. section 1702(b) of this Act, shall be an allow- from the program pursuant to paragraph (4); (b) RETURN OF PROPERTY TO DEPARTMENT able use of preparedness grant program funds ‘‘(3) with respect to each Federal agency OF DEFENSE.—Not later than one year after that has received property under this sec- the date of the enactment of this Act, each by such agency. tion, the Secretary of Defense or an agent of Federal or State agency to which property (e) ACCOUNTABILITY MEASURES.— described by subsection (d) of section 2576a of the Secretary has conducted an in-person in- (1) AUDIT OF USE OF PREPAREDNESS GRANT title 10, United States Code (as added by sub- ventory of the property transferred to the FUNDS.—Not later than one year after the agency and that 100 percent of such property section (a)(1) of this section), was transferred date of the enactment of this Act, the Comp- before the date of the enactment of this Act was accounted for during the inventory or troller General of the United States shall shall return such property to the Defense Lo- that the agency has been suspended or termi- conduct an audit covering the period of fiscal gistics Agency on behalf of the Department nated from the program pursuant to para- year 2010 through the current fiscal year on of Defense. graph (4); the use of preparedness grant program funds. ‘‘(4) the eligibility of any agency that has SEC. 1703. USE OF DEPARTMENT OF HOMELAND The audit shall assess how funds have been SECURITY PREPAREDNESS GRANT received property under this section for FUNDS. used to procure equipment, how the equip- which 100 percent of the equipment was not (a) DEFINITIONS.—In this section— ment has been used, and whether the grant accounted for during an inventory described (1) the term ‘‘Agency’’ means the Federal awards have furthered the Agency’s goal of in paragraph (2) or (3), as applicable, to re- Emergency Management Agency; and improving the preparedness of State and ceive property transferred under this section (2) the term ‘‘preparedness grant program’’ local communities. has been suspended or terminated; and includes— (2) ANNUAL ACCOUNTING OF USE OF AWARD ‘‘(5) each State Coordinator has certified, (A) the Urban Area Security Initiative au- FUNDS.—Not later than one year after the for each non-Federal agency located in the thorized under section 2003 of the Homeland date of the enactment of this Act, the Agen- State for which the State Coordinator is re- Security Act of 2002 (6 U.S.C. 604); cy shall develop and implement a system of sponsible that— (B) the State Homeland Security Grant accounting on an annual basis how prepared- ‘‘(A) the agency has complied with all re- Program authorized under section 2004 of the ness grant program funds have been used to quirements under this section; or Homeland Security Act of 2002 (6 U.S.C. 605); procure equipment, how the equipment has ‘‘(B) the eligibility of the agency to receive (C) the Port Security Grant Program au- been used, whether grantees have complied property transferred under this section has thorized under section 70107 of title 46, with restrictions on the use of equipment been suspended or terminated; and United States Code; and contained with the Authorized Equipment ‘‘(6) the Secretary of Defense has certified, (D) any other non-disaster preparedness List, and whether the awards have furthered for each Federal agency that has received grant program of the Agency. the Agency’s goal of enhancing the capabili- property under this section that— (b) LIMITATION.—The Agency may not per- ties of State agencies to prevent, deter, re- ‘‘(A) the agency has complied with all re- mit awards under a preparedness grant pro- spond to, and recover from terrorist attacks, quirements under this section; or gram— major disasters, and other emergencies.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5125 SEC. 1704. USE OF EDWARD BYRNE MEMORIAL (3) in fiscal year 2017, 17 of the 20 largest At the end of subtitle A of title XXVIII, JUSTICE ASSISTANCE GRANT Federal contract opportunities are multiple add the following: FUNDS. award contracts; SEC. ll. AUTHORIZED COST INCREASES. (a) LIMITATION.—Section 501(d) of title I of (4) while Federal agencies may choose to Section 2853 of title 10, United States Code, the Omnibus Crime Control and Safe Streets use any or all of the various socio-economic is amended— Act of 1968 (42 U.S.C. 3751(d)) is amended by groups on a multiple award contract, the (1) in subsection (a), by inserting ‘‘by not adding at the end the following: Small Business Administration only exam- more than 10 percent’’ after ‘‘may be in- ‘‘(3) The purchase, maintenance, alter- ines socio-economic performance through creased’’; and ation, or operation of— the small business procurement scorecard (2) in subsection (c)— ‘‘(A) lethal weapons; or and does not examine potential opportuni- (A) by striking ‘‘limitation on cost vari- ‘‘(B) less-lethal weapons.’’. ties by those groups; and ations’’ and inserting ‘‘limitation on cost de- (b) USE OF GRANT FUNDS FOR REQUIRED RE- (5) Congress and the Department of Justice creases’’; and TURN OF PROPERTY TO DOD.—Notwith- have been clear that no individual socio-eco- (B) in paragraph (1)— standing any other provision of law, the use nomic group shall be given preference over (i) by striking ‘‘case of a cost increase or a of funds by a State agency or unit of local another. government to return to the Department of reduction’’ and inserting ‘‘case of a reduc- (b) DEFINITIONS.—In this section— Defense property transferred to such agency tion’’; and (1) the term ‘‘Administrator’’ means the or unit of local government pursuant to sec- (ii) in subparagraph (A)— Administrator of the Small Business Admin- tion 2676a of title 10, United States Code, as (I) by striking ‘‘cost increase or reduction such return is required by section 1702(b) of istration; in scope, the reasons therefor,’’ and inserting this Act, shall be an allowable use of grant (2) the term ‘‘covered small business con- ‘‘reduction in scope, the reasons therefor, amounts under the Edward Byrne Memorial cerns’’ means— and’’; and Justice Assistance Grant Program. (A) HUBZone small business concerns; (II) by striking ‘‘, and a description of the (B) small business concerns owned and con- funds proposed to be used to finance any in- SEC. 1705. COMPTROLLER GENERAL REPORT. trolled by service-disabled veterans; creased costs’’. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, (C) small business concerns owned and con- SA 875. Mr. MCCAIN (for himself and and annually thereafter, the Comptroller trolled by women; and General of the United States shall submit to (D) socially and economically disadvan- Mr. REED) submitted an amendment in- Congress a report on Federal agencies, in- taged small business concerns, as defined in tended to be proposed by him to the cluding offices of Inspector General for Fed- section 8(a)(4)(A) of the Small Business Act bill H.R. 2810, to authorize appropria- eral agencies, that have specialized units (15 U.S.C. 637(a)(4)(A)), receiving assistance tions for fiscal year 2018 for military that receive special tactical or military- under such section 8(a); and activities of the Department of De- style training or use hard-plated body armor, (3) the terms ‘‘HUBZone small business concern’’, ‘‘small business concern’’, ‘‘small fense, for military construction, and shields, or helmets and that respond to high- for defense activities of the Depart- risk situations that fall outside the capabili- business concern owned and controlled by ties of regular law enforcement officers, in- service-disabled veterans’’, and ‘‘small busi- ment of Energy, to prescribe military cluding any special weapons and tactics ness concern owned and controlled by personnel strengths for such fiscal (SWAT) team, tactical response teams, spe- women’’ have the meanings given those year, and for other purposes; which was cial events teams, special response teams, or terms in section 3 of the Small Business Act ordered to lie on the table; as follows: active shooter teams. (15 U.S.C. 632). Strike title XXVII and insert the fol- (b) ELEMENTS.—The report required under (c) REPORT.— lowing: subsection (a) shall include the following ele- (1) IN GENERAL.—Not later than 180 days TITLE XXVII—BASE REALIGNMENT AND ments: after the date of enactment of this Act, the CLOSURE ACTIVITIES (1) A description of each specialized unit Administrator shall submit to the Com- described under such subsection. mittee on Small Business and Entrepreneur- Subtitle A—Authorization of Appropriations (2) A description of the training and weap- ship of the Senate and the Committee on SEC. 2701. AUTHORIZATION OF APPROPRIATIONS ons of each such unit. Small Business of the House of Representa- FOR BASE REALIGNMENT AND CLO- tives a report that includes— SURE ACTIVITIES FUNDED (3) The criteria for activating each such THROUGH DEPARTMENT OF DE- unit and how often each such unit was acti- (A) a determination as to whether small FENSE BASE CLOSURE ACCOUNT. vated for each year of the previous ten years. business concerns and each category of cov- Funds are hereby authorized to be appro- (4) An estimate of the annual cost of equip- ered small business concerns described in priated for fiscal years beginning after Sep- ping and operating each such unit. subparagraphs (A) through (D) of subsection tember 30, 2017, for base realignment and clo- (5) Any other information that is relevant (b)(2) are being utilized in a significant por- sure activities, including real property ac- to understanding the usefulness and jus- tion of the Federal market on multiple quisition and military construction projects, tification for the units. award contracts, including— as authorized by the Defense Base Closure (i) whether awards are being reserved for 1 and Realignment Act of 1990 (part A of title SA 873. Mrs. ERNST (for herself, Mrs. or more of those categories; and XXIX of Public Law 101–510; 10 U.S.C. 2687 GILLIBRAND, and Ms. HIRONO) sub- (ii) whether each such category is being note) and funded through the Department of mitted an amendment intended to be given the opportunity to perform on mul- Defense Base Closure Account established by proposed by her to the bill H.R. 2810, to tiple award contracts; section 2906 of such Act (as amended by sec- authorize appropriations for fiscal year (B) a determination as to whether perform- tion 2711 of the Military Construction Au- ance requirements for multiple award con- thorization Act for Fiscal Year 2013 (division 2018 for military activities of the De- tracts, as in effect on the day before the date partment of Defense, for military con- B of Public Law 112–239; 126 Stat. 2140)), as of enactment of this Act, are feasible and ap- specified in the funding table in section 4601. struction, and for defense activities of propriate for small business concerns; and the Department of Energy, to prescribe (C) any additional information as the Ad- Subtitle B—Defense Force and Infrastructure military personnel strengths for such ministrator may determine necessary. Review and Recommendations fiscal year, and for other purposes; (2) REQUIREMENT.—In making the deter- SEC. 2711. SHORT TITLE; PURPOSE. which was ordered to lie on the table; minations required under paragraph (1), the (a) SHORT TITLE.—This subtitle may be cited as the ‘‘Defense Force and Infrastruc- as follows: Administrator shall use information from multiple award contracts— ture Review Act of 2017’’. At the appropriate place, insert the fol- (A) with varied assigned North American (b) PURPOSE.—The purpose of this subtitle lowing: Industry Classification System codes; and is to provide a fair and transparent process ll SEC. . REPORT ON UTILIZATION OF SMALL (B) that were awarded by not less than 8 that will result in the credible analysis of in- BUSINESSES FOR FEDERAL CON- Federal agencies. frastructure requirements and recommenda- TRACTS. tions for military infrastructure. (a) FINDINGS.—Congress finds that— SA 874. Mr. MCCAIN submitted an SEC. 2712. PROCEDURE FOR MAKING REC- (1) since the passage of the Budget Control OMMENDATIONS FOR INFRASTRUC- Act of 2011 (Public Law 112–25; 125 Stat. 240), amendment intended to be proposed by TURE CLOSURES AND REALIGN- many Federal agencies have started favoring him to the bill H.R. 2810, to authorize MENTS. longer-term Federal contracts, including appropriations for fiscal year 2018 for (a) FORCE-STRUCTURE PLAN AND INFRA- multiple award contracts, over direct indi- military activities of the Department STRUCTURE INVENTORY.—(1) As part of the vidual awards; of Defense, for military construction, budget justification documents submitted to (2) these multiple award contracts have and for defense activities of the De- Congress in support of the budget for the De- grown to more than one-fifth of Federal con- partment of Defense for fiscal year 2019, the tract spending, with the fastest growing partment of Energy, to prescribe mili- Secretary shall submit to Congress the fol- multiple award contracts surpassing tary personnel strengths for such fiscal lowing: $100,000,000 in obligations for the first time year, and for other purposes; which was (A)(i) Subject to clause (ii), a force-struc- between 2013 and 2014; ordered to lie on the table; as follows: ture plan for the Armed Forces based on the

VerDate Sep 11 2014 06:11 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11SEPT1 S5126 CONGRESSIONAL RECORD — SENATE September 11, 2017 most recent National Military Strategy, an part of the submission of the force-structure the level of service that exists prior to the assessment by the Secretary of the probable plan and infrastructure inventory prepared closure or realignment. threats to the national security during the under subsection (a), the President may not (vi) The environmental impact, including 20-year period beginning with that fiscal commence a round for the selection of mili- the impact of costs related to potential envi- year, the probable end-strength levels and tary installations for closure and realign- ronmental restoration, vulnerability adapta- major military force units (including land ment under this subtitle in the year fol- tion, mitigation, waste management, and en- force divisions, carrier and other major com- lowing submission of the force-structure vironmental compliance activities. batant vessels, air wings, and other com- plan and infrastructure inventory. (B) When determining the costs associated parable units) needed to meet those threats, (c) COMPTROLLER GENERAL EVALUATION.— with a closure or realignment under subpara- and the anticipated levels of funding that (1) If the certification is provided under sub- graph (A)(i), the Secretary shall consider will be available for national defense pur- section (b), the Comptroller General of the costs associated with military construction, poses during such period. United States shall prepare an evaluation of information technology, environmental re- (ii) The force structure described in the the following: mediation, relocation of personnel, termi- force-structure plan under clause (i) shall (A) The force-structure plan and infra- nation of public-private contracts, guaran- contain, at a minimum, a Navy of 355 ships, structure inventory prepared under sub- tees, and other factors contributing to the an Air Force of 1500 combat coded aircraft, section (a) and the final selection criteria cost of a closure or realignment as deter- an Army of 60 brigade combat teams, and a specified in subsection (d), including an eval- mined by the Secretary. Marine Corps of three Marine expeditionary uation of the accuracy and analytical suffi- (e) PRIORITY GIVEN TO MILITARY VALUE.— forces, together with all enabling and sup- ciency of such plan, inventory, and criteria. The Secretary shall give priority consider- porting elements. (B) The need for the closure or realignment ation to the military value criteria specified (B) A comprehensive inventory of military of additional military installations. in subsection (d)(2) in the making of rec- installations world-wide for each military (2) The Comptroller General shall submit ommendations for the closure or realign- department, with specifications of the num- to Congress the evaluation prepared under ment of military installations. ber and type of facilities in the active and re- paragraph (1) not later than 60 days after the (f) EFFECT ON DEPARTMENT AND OTHER serve forces of each military department. date on which the force-structure plan and AGENCY COSTS.—Selection criteria relating (2) Using the most recent National Mili- infrastructure inventory are submitted to to cost savings or return on investment from tary Strategy and the force-structure plan Congress. the proposed closure or realignment of mili- and infrastructure inventory prepared under (d) FINAL SELECTION CRITERIA.—(1) The tary installations under this subtitle shall paragraph (1), the Secretary shall prepare final criteria to be used by the Secretary in take into account the effect of the proposed (and include as part of the submission of making recommendations for the closure or closure or realignment on the costs of any such plan and inventory) the following: realignment of military installations in the other activity of the Department of Defense (A) A description of the infrastructure nec- United States under this subtitle shall be the or any other Federal agency that may be re- essary to support the force structure de- military value criteria specified in para- quired to assume responsibility for activities scribed in the force-structure plan. graph (2) and other criteria specified in para- at the military installations. (B) A discussion of categories of excess in- graph (3). (g) RELATION TO OTHER MATERIALS.—The frastructure and infrastructure capacity (2) The military value criteria specified in final selection criteria specified in sub- within the United States and the target of this paragraph are as follows: section (d) shall be the only criteria to be the Secretary for the reduction of such ex- (A) The current and future mission capa- used, along with the force-structure plan and cess capacity. bilities and the impact on operational readi- infrastructure inventory referred to in sub- (C) An economic analysis of the effect of ness of the total force of the Department of section (a), in making recommendations for the closure or realignment of military in- Defense, including the impact on joint the closure or realignment of military in- stallations to reduce excess infrastructure. warfighting, training, and readiness. stallations in the United States under this (3) In determining the level of necessary (B) The availability and condition of land, subtitle. versus excess infrastructure under paragraph facilities, and associated airspace (including (h) DEPARTMENT OF DEFENSE RECOMMENDA- (2), the Secretary shall consider the fol- training areas suitable for maneuver by TIONS.—(1)(A) If the Secretary makes the lowing: ground, naval, or air forces throughout a di- certifications required under subsection (b), (A) The anticipated continuing need for versity of climate and terrain areas and the Secretary shall, by not later than May and availability of military installations staging areas for the use of the Armed 15, 2019, publish in the Federal Register— outside the United States, taking into ac- Forces in homeland defense missions) at (i) with respect to each military installa- count current restrictions on the use of mili- both existing and potential receiving loca- tion in the United States, unclassified as- tary installations outside the United States tions. sessment data of the current condition of fa- and the potential for future prohibitions or (C) The ability to accommodate contin- cilities and infrastructure and an environ- restrictions on the use of such military in- gency, mobilization, surge, and future total mental baseline of known contamination and stallations. force requirements at both existing and po- remediation activities at each such installa- (B) Any efficiencies that may be gained tential receiving locations to support oper- tion that will be used by the Secretary to de- from joint tenancy by more than one branch ations and training. velop closure and realignment recommenda- of the Armed Forces at a military installa- (D) The cost of operations and the man- tions; and tion. power implications. (ii) standard rules to be used by the Sec- (4) The Secretary may revise the force- (E) The strategic impact of the location of structure plan and infrastructure inventory retary to calculate annual recurring savings an installation on operational plans, contin- prepared under paragraph (1). If the Sec- for manpower, base operating costs, utility gency plans, and missions of the combatant retary makes such a revision, the Secretary costs, base closure guarantees, service-shar- commands. ing agreements, and other installation sup- shall submit the revised plan or inventory to (3)(A) The other criteria that the Secretary Congress not later than September 15, 2018. port activities that the Secretary will use in shall use in making recommendations for the For purposes of selecting military installa- the determination of the savings derived closure or realignment of military installa- tions for closure or realignment under this from closure and realignment of military in- tions in the United States under this subtitle subtitle, no revision of the force-structure stallations. are as follows: plan or infrastructure inventory is author- (B) The Secretary shall provide a public ized after September 15, 2018. (i) The extent and timing of potential costs comment period of 60 days to allow for a re- (b) CERTIFICATION OF NEED FOR FURTHER and savings, including the number of years, view of the data published under subpara- CLOSURES AND REALIGNMENTS.—(1) On the beginning with the date of completion of the graph (A) and an opportunity for the Sec- basis of the force-structure plan and infra- closure or realignment, for the savings to ex- retary to correct the assessments to ensure structure inventory prepared under sub- ceed the costs. accurate and reliable information is used for section (a) and the descriptions and eco- (ii) The economic impact on existing com- final closure and realignment recommenda- nomic analysis prepared under such sub- munities in the vicinity of military installa- tions. section, the Secretary shall include as part tions. (C) If the Secretary does not publish the of the submission of the plan and inven- (iii) The extent with which a closure or re- data or standard rules under subparagraph tory— alignment contributes to the reduction of ex- (A) by May 15, 2019, the President shall not (A) a certification regarding whether the cess infrastructure and infrastructure capac- commence a round for the selection of mili- need exists for the closure or realignment of ity to meet the targeted reduction estab- tary installations for closure and realign- additional military installations; and lished by the Secretary as required by sub- ment under this subtitle. (B) if such need exists, a certification that section (a)(2)(B). (2)(A) If the Secretary makes the certifi- the additional round of closures and realign- (iv) The ability of the infrastructure of cations required under subsection (b), the ments would result in substantial annual net both the existing and potential receiving Secretary shall, by not later than October 15, savings for the Department of Defense fol- communities to support forces, missions, and 2019, publish in the Federal Register and lowing the completion of such closures and personnel. transmit to the congressional defense com- realignments. (v) The cost of mitigating the impact of mittees a list of the military installations (2) If the Secretary does not include the any increases of such forces, missions, and inside the United States that the Secretary certifications referred to in paragraph (1) as personnel at receiving locations to maintain recommends for closure or realignment on

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5127 the basis of the force-structure plan and in- erty or facilities of the installation after the section unless the Secretary certifies that frastructure inventory prepared by the Sec- anticipated closure or realignment. its use for future mobilization is essential to retary under subsection (a) and the final se- (D) In making recommendations for clo- meet operational plans. lection criteria specified in subsection (d). sure or realignment of a military installa- (8) The Secretary shall analyze and, to the (B) The closures and realignments included tion under subparagraph (A), the Secretary extent the Secretary considers appropriate, in the list published by the Secretary under shall consider any notice received from a recommend the realignment and closure of subparagraph (A) may not have an estimated local government in the vicinity of a mili- military installations outside the United cost to implement that exceeds $5,000,000,000 tary installation that the government would States. as certified by the Director of Cost Analysis approve of the closure or realignment of the (9) Not later than October 31, 2019, the Sec- installation. and Program Evaluation of the Department retary shall submit to the President a report (E) Notwithstanding the requirement in of Defense. containing a list of the military installa- (C) At the same time as the transmittal of subparagraph (D), the Secretary shall make tions that the Secretary recommends for clo- the list under subparagraph (A), the Sec- the recommendations referred to in that sub- sure or realignment under this subsection, retary shall submit to the Committees on paragraph based on the force-structure plan, including recommendations regarding mili- Armed Services of the Senate and the House infrastructure inventory, and final selection tary installations outside the United States of Representatives a certification that— criteria otherwise applicable to such rec- under paragraph (8). (i) the recommendations included in such ommendations. list will yield net savings to the Department (F) The recommendations shall include a (i) REVIEW BY THE PRESIDENT.—(1) The of Defense within seven years of completing statement of the result of the consideration President shall, by not later than November the closures and realignments included in of any notice described in subparagraph (D) 15, 2019, transmit to Congress a report con- such recommendations; and that is received with respect to a military taining the President’s approval or dis- (ii) no individual recommendation for clo- installation covered by such recommenda- approval of the recommendations of the Sec- sure or realignment is included in such list tions. The statement shall set forth the rea- retary under subsection (h). unless the closure or realignment dem- sons for the result. (2) If the President approves all of the rec- onstrates net savings to the Department (G) For each closure recommendation, and ommendations of the Secretary, the Presi- within 10 years. based on an assessment of the extent of eco- dent shall transmit a copy of such rec- (D) Not later than seven days after the nomic impact to local communities sup- ommendations to Congress, together with a transmittal of the list of recommendations porting the military installation to be certification of such approval. for closure and realignment under subpara- closed, the Secretary shall determine and (3) If the President disapproves of the rec- graph (A), the Secretary shall submit to the propose an amount to be provided to the ommendations of the Secretary, in whole or congressional defense committees— local redevelopment agency within a year of in part, the President shall transmit to Con- (i) a summary of the selection process that the final decision to close the installation to gress the reasons for that disapproval. The resulted in the recommendation for each in- be used to accelerate local redevelopment ac- Secretary shall then transmit to the Presi- stallation, including a justification for each tivities. dent, by not later than December 1, 2019, a (4)(A) In addition to making all informa- recommendation based on the final selection revised list of recommendations for the clo- tion used by the Secretary to prepare the criteria under subsection (d); and sure and realignment of military installa- recommendations under this subsection (ii) for each such recommendation, a mas- tions. available to Congress (including any com- ter plan that contains a list of each facility mittee or member of Congress), the Sec- (4) If the President approves all of the re- action (including construction, development, retary shall also make such information vised recommendations of the Secretary conversion, or extension, and any acquisition available to the Comptroller General of the transmitted to the President under para- of land necessary to produce a complete and United States. graph (3), the President shall transmit a usable facility or a complete and usable im- (B) The Comptroller General shall analyze copy of such revised recommendations to provement to an existing facility) required the information made available to the Comp- Congress, together with a certification of to carry out the closure or realignment, in- troller General under subparagraph (A) for such approval. cluding the scope of work, cost, and timing each recommendation (including informa- (5) If the President does not transmit to of each construction activity as documented tion provided by local communities) and sub- Congress an approval and certification de- in military construction project data jus- mit any recommendations of the Comp- scribed in paragraph (2) or (4) by December 2, tifications. troller General to Congress for consider- 2019, the process by which military installa- (E) With respect to each recommendation ation. tions may be selected for closure or realign- for closure or realignment of a military in- (5)(A) Each person referred to in subpara- ment under this subtitle shall be terminated. stallation under subparagraph (A), the con- graph (B), when submitting information to struction scope and cost data contained in SEC. 2713. CLOSURE AND REALIGNMENT OF MILI- the Secretary of Defense concerning the clo- TARY INSTALLATIONS. the master plan under subparagraph (D)(ii) sure or realignment of a military installa- (a) IN GENERAL.—The Secretary shall— for such installation shall be deemed to be tion, shall certify that such information is (1) close all military installations rec- the authorization by law to carry out the accurate and complete to the best of that ommended for closure in the report trans- construction activity as required under person’s knowledge and belief. chapter 169 of title 10, United States Code. (B) Subparagraph (A) applies to the fol- mitted to Congress by the President pursu- (3)(A) In considering military installations lowing persons: ant to section 2712(i) and approved under for closure or realignment, the Secretary (i) The Secretaries of the military depart- subsection (b); shall consider all military installations in ments. (2) realign all military installations rec- the United States equally without regard to (ii) The heads of the Defense Agencies. ommended for realignment in such report whether the installation has been previously (iii) Each person who is in a position the and approved under such subsection; considered or proposed for closure or realign- duties of which include personal and sub- (3) carry out the privatization in place of a ment by the Department. stantial involvement in the preparation and military installation recommended for clo- (B) In considering military installations submission of information and recommenda- sure or realignment in such report and ap- for closure or realignment, the Secretary tions concerning the closure or realignment proved under such subsection only if privat- may not take into account for any purpose of military installations, as designated in ization in place is a method of closure or re- any advance conversion planning undertaken regulations that the Secretary of Defense alignment of the military installation speci- by an affected community with respect to shall prescribe, regulations that the Sec- fied in the recommendations in such report the anticipated closure or realignment of an retary of each military department shall pre- and is determined by the Secretary to be the installation. scribe for personnel within that military de- most cost-effective method of implementa- (C) For purposes of subparagraph (B), in partment, or regulations that the head of tion of the recommendation; the case of a community anticipating the each Defense Agency shall prescribe for per- (4) carry out the construction activities economic effects of a closure or realignment sonnel within that Defense Agency. contained in the master plan for the military of a military installation, advance conver- (6) Any information provided to the Sec- installation as required under section sion planning— retary of Defense by a person described in 2712(h)(2)(D)(ii); (i) shall include community adjustment paragraph (5)(B), regardless of the method of (5) initiate all such closures and realign- and economic diversification planning under- transmission, shall be made available for the ments not later than two years after the taken by the community before an antici- public record and submitted in written form date on which the President transmits the pated selection of a military installation in to the Senate and the House of Representa- report to Congress pursuant to section 2712(i) or near the community for closure or re- tives to be made available to the Members of containing the recommendations for such alignment; and the House concerned in accordance with the closures or realignments; and (ii) may include the development of contin- rules of that House. The information shall be (6) complete all such closures and realign- gency redevelopment plans, plans for eco- submitted to the Senate and House of Rep- ments not later than the end of the five-year nomic development and diversification, and resentatives within 48 hours after the sub- period beginning on the date on which the plans for the joint use (including civilian and mission of the information to the Secretary. President transmits the report pursuant to military use, public and private use, civilian (7) No military installation may be rec- section 2712(i) containing the recommenda- dual use, and civilian shared use) of the prop- ommended for inactive status under this sub- tions for such closures or realignments.

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(b) CONGRESSIONAL APPROVAL.—The Sec- III of chapter 5 of title 40, United States (I) one week after the date on which the re- retary may not carry out a closure or re- Code; development plan for the installation is sub- alignment recommended in the report trans- (C) the authority to dispose of surplus mitted to the Secretary; mitted by the President pursuant to section property for public airports under sections (II) the date on which the redevelopment 2712(i) unless a joint resolution is enacted ap- 47151 through 47153 of title 49, United States authority notifies the Secretary that it will proving that closure or realignment. Code; and not submit such a plan; SEC. 2714. IMPLEMENTATION AND ANALYSIS. (D) the authority of the Administrator to (III) two years after the date of approval of (a) USE IN MAKING ASSESSMENTS AND REC- determine the availability of excess or sur- the closure or realignment of the installa- OMMENDATIONS.—In making assessments and plus real property for wildlife conservation tion; or recommendations under section 2712, the purposes in accordance with the Act of May (IV) 90 days before the date of the closure Secretary shall analyze the requirements 19, 1948 (16 U.S.C. 667b et seq.). or realignment of the installation. and authorities under this section and con- (2)(A) Subject to subparagraph (B) and (ii) The activities specified in this clause sider all of the actions to be taken under this paragraphs (3), (4), (5), and (6), the Secretary are activities relating to the closure or re- section with respect to closing or realigning of Defense shall exercise the authority dele- alignment of an installation to be closed or a military installation under this subtitle. gated to the Secretary pursuant to para- realigned under this subtitle as follows: (b) IMPLEMENTATION.—(1) In closing or re- graph (1) in accordance with all regulations (I) The transfer from the installation of aligning any military installation under this governing the utilization of excess property items of personal property at the installa- subtitle, the Secretary may— and the disposal of surplus property under tion identified in accordance with subpara- (A) take such actions as may be necessary subtitle I of title 40, United States Code. graph (A). to close or realign any military installation, (B) The Secretary may, with the concur- (II) The reduction in maintenance and re- including the acquisition of such land, the rence of the Administrator of General Serv- pair of facilities or equipment located at the construction of such replacement facilities, ices— installation below the minimum levels re- the performance of such activities, and the (i) prescribe general policies and methods quired to support the use of such facilities or conduct of such advance planning and design for utilizing excess property and disposing of equipment for nonmilitary purposes. as may be required to transfer functions surplus property pursuant to the authority (D) Except as provided in paragraph (4), the from a military installation being closed or delegated under paragraph (1); and Secretary may not transfer items of personal realigned to another military installation, (ii) issue regulations relating to such poli- property located at an installation to be and may use for such purpose funds in the cies and methods, which shall supersede the closed or realigned under this subtitle to an- Account or funds appropriated to the Depart- regulations referred to in subparagraph (A) other installation, or dispose of such items, ment of Defense for use in planning and de- with respect to that authority. if such items are identified in the redevelop- sign, minor construction, or operation and (C) The Secretary of Defense may transfer ment plan for the installation as items es- maintenance; real property or facilities located at a mili- sential to the reuse or redevelopment of the (B)(i) provide— tary installation to be closed or realigned installation. In connection with the develop- (I) economic adjustment assistance to any under this subtitle, with or without reim- ment of the redevelopment plan for the in- community located near a military installa- bursement, to a military department or stallation, the Secretary shall consult with tion being closed or realigned, and other entity (including a nonappropriated the entity responsible for developing the re- (II) community planning assistance to any fund instrumentality) within the Depart- development plan to identify the items of community located near a military installa- ment of Defense or the Coast Guard. personal property located at the installation, tion to which functions will be transferred as (D) Before any action may be taken with if any, that the entity desires to be retained a result of the closure or realignment of a respect to the disposal of any surplus real at the installation for reuse or redevelop- property or facility located at any military military installation, ment of the installation. installation to be closed or realigned under (E) This paragraph shall not apply to any if the Secretary of Defense determines that this subtitle, the Secretary of Defense shall personal property located at an installation the financial resources available to the com- consult with the Governor of the State and to be closed or realigned under this subtitle munity (by grant or otherwise) for such pur- the heads of the local governments con- if the property— poses are inadequate, and may use for such cerned for the purpose of considering any (i) is required for the operation of a unit, purposes funds in the Account or funds ap- plan for the use of such property by the local function, component, weapon, or weapons propriated to the Department of Defense for community concerned. system at another installation; economic adjustment assistance or commu- (E) If a military installation to be closed, (ii) is uniquely military in character, and nity planning assistance; realigned, or placed in an inactive status is likely to have no civilian use (other than (C) carry out activities for the purposes of under this subtitle includes a road used for use for its material content or as a source of environmental restoration and mitigation at public access through, into, or around the in- commonly used components); any such installation, and shall use for such stallation, the Secretary of Defense shall (iii) is not required for the reutilization or purposes funds in the Account; consult with the Governor of the State and redevelopment of the installation (as jointly (D) provide outplacement assistance to ci- the heads of the local governments con- determined by the Secretary and the rede- vilian employees employed by the Depart- cerned for the purpose of considering the velopment authority); ment of Defense at military installations continued availability of the road for public (iv) is stored at the installation for pur- being closed or realigned, and may use for use after the installation is closed, re- poses of distribution (including spare parts such purpose funds in the Account or funds aligned, or placed in an inactive status. or stock items); or appropriated to the Department of Defense (3)(A) Not later than 180 days after the date (v)(I) meets known requirements of an au- for outplacement assistance to employees; of approval of the closure or realignment of thorized program of another Federal agency and a military installation under this subtitle, for which expenditures for similar property (E) reimburse other Federal agencies for the Secretary, in consultation with the rede- would be necessary; and actions performed at the request of the Sec- velopment authority with respect to the in- (II) is the subject of a written request by retary with respect to any such closure or re- stallation, shall— the head of the agency. (i) inventory the personal property located alignment, and may use for such purpose (F) Notwithstanding subparagraphs (C)(i) funds in the Account or funds appropriated at the installation; and and (D), the Secretary may carry out any ac- to the Department of Defense and available (ii) identify the items (or categories of tivity referred to in subparagraph (C)(ii) or for such purpose. items) of such personal property that the (D) if the Secretary determines that the car- (2) In carrying out any closure or realign- Secretary determines to be related to real rying out of such activity is in the national ment under this subtitle, the Secretary shall property and anticipates will support the im- security interest of the United States. ensure that environmental restoration of plementation of the redevelopment plan with (4)(A) The Secretary may transfer real any property made excess to the needs of the respect to the installation. property and personal property located at a Department of Defense as a result of such (B) If no redevelopment authority referred military installation to be closed or re- closure or realignment be carried out as soon to in subparagraph (A) exists with respect to aligned under this subtitle to the redevelop- as possible with funds available for such pur- an installation, the Secretary shall consult ment authority with respect to the installa- pose. with— tion for purposes of job generation on the in- (c) MANAGEMENT AND DISPOSAL OF PROP- (i) the local government in whose jurisdic- stallation. ERTY.—(1) The Administrator of General tion the installation is wholly located; or (B) The transfer of property located at a Services shall delegate to the Secretary of (ii) a local government agency or State military installation under subparagraph (A) Defense, with respect to excess and surplus government agency designated for the pur- may be for consideration at or below the es- real property, facilities, and personal prop- pose of such consultation by the chief execu- timated fair market value or without consid- erty located at a military installation closed tive officer of the State in which the instal- eration. The determination of such consider- or realigned under this subtitle— lation is located. ation may account for the economic condi- (A) the authority of the Administrator to (C)(i) Except as provided in subparagraphs tions of the local affected community and utilize excess property under subchapter II of (E) and (F), the Secretary may not carry out the estimated costs to redevelop the prop- chapter 5 of title 40, United States Code; any of the activities specified in clause (ii) erty. The Secretary may accept, as consider- (B) the authority of the Administrator to with respect to an installation referred to in ation, a share of the revenues that the rede- dispose of surplus property under subchapter that clause until the earlier of— velopment authority receives from third-

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5129 party buyers or lessees from sales and long- cerned ceases requiring the use of the leased a new or replacement Federal facility, the term leases of the conveyed property, a por- property before the expiration of the term of head of the Federal agency acquiring the tion of the profits obtained over time from the lease, the remainder of the lease term property shall submit to Congress a report the development of the conveyed property, may be satisfied by the same or another Fed- containing the results of the consultation consideration in kind (including goods and eral agency using the property for a use under clause (i) and the reasons why mili- services), real property and improvements, similar to the use under the lease. Exercise tary installations referred to in such clause or such other consideration as the Secretary of the authority provided by this clause shall that are located within the area to be served considers appropriate. The transfer of prop- be made in consultation with the redevelop- by the new or replacement Federal facility erty located at a military installation under ment authority concerned. or within a 200-mile radius of the new or re- subparagraph (A) may be made for consider- (v) Notwithstanding clause (iii), if a lease placement facility, whichever area is great- ation below the estimated fair market value under clause (i) involves a substantial por- er, were considered to be unsuitable or un- or without consideration only if the redevel- tion of the installation, the agency con- available for the site of the new or replace- opment authority with respect to the instal- cerned may obtain facility services for the ment facility. lation— leased property and common area mainte- (6)(A) The disposal of buildings and prop- (i) agrees that the proceeds from any sale nance from the redevelopment authority or erty located at installations approved for or lease of the property (or any portion the redevelopment authority’s assignee as a closure or realignment under this subtitle thereof) received by the redevelopment au- provision of the lease. The facility services shall be carried out in accordance with this thority during at least the first seven years and common area maintenance shall be pro- paragraph. after the date of the initial transfer of prop- vided at a rate no higher than the rate (B)(i) Not later than the date on which the erty under subparagraph (A) shall be used to charged to non-Federal tenants of the trans- Secretary of Defense completes the final de- support the economic redevelopment of, or ferred property. Facility services and com- terminations referred to in paragraph (5) re- related to, the installation; and mon area maintenance covered by the lease lating to the use or transferability of any (ii) executes the agreement for transfer of shall not include— portion of an installation covered by this the property and accepts control of the prop- (I) municipal services that a State or local paragraph, the Secretary shall— erty within a reasonable time after the date government is required by law to provide to (I) identify the buildings and property at of the property disposal record of decision or all landowners in its jurisdiction without di- the installation for which the Department of finding of no significant impact under the rect charge; or Defense has a use, for which another Federal National Environmental Policy Act of 1969 (II) firefighting or security-guard func- agency has identified a use, or of which an- (42 U.S.C. 4321 et seq.). tions. other Federal agency will accept a transfer; (C) For purposes of subparagraph (B)(i), the (F) The transfer of personal property under (II) take such actions as are necessary to use of proceeds from a sale or lease described subparagraph (A) shall not be subject to the identify any building or property at the in- in such subparagraph to pay for, or offset the provisions of subchapters II and III of chap- stallation not identified under subclause (I) costs of, public investment on or related to ter 5 of title 40, United States Code, if the that is excess property or surplus property; the installation for any of the following pur- Secretary determines that the transfer of (III) submit to the Secretary of Housing poses shall be considered a use to support the such property is necessary for the effective and Urban Development and to the redevel- economic redevelopment of, or related to, implementation of a redevelopment plan opment authority for the installation (or the the installation: with respect to the installation at which chief executive officer of the State in which (i) Road construction. such property is located. the installation is located if there is no rede- (G) The provisions of section 120(h) of the (ii) Transportation management facilities. velopment authority for the installation at Comprehensive Environmental Response, (iii) Storm and sanitary sewer construc- the completion of such final determinations) Compensation, and Liability Act of 1980 (42 tion. information on any building or property that U.S.C. 9620(h)) shall apply to any transfer of (iv) Police and fire protection facilities and is identified under subclause (II); and other public facilities. real property under this paragraph. (H) The Secretary may require any addi- (IV) publish in the Federal Register and in (v) Utility construction. a newspaper of general circulation in the (vi) Building rehabilitation. tional terms and conditions in connection with a transfer under this paragraph as the communities in the vicinity of the installa- (vii) Historic property preservation. tion information on the buildings and prop- (viii) Pollution prevention equipment or Secretary considers appropriate to protect the interests of the United States. erty identified under subclause (II). facilities. (ii) Upon the recognition of a redevelop- (ix) Demolition. (5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such ac- ment authority for an installation covered (x) Disposal of hazardous materials gen- by this paragraph, the Secretary of Defense erated by demolition. tions as the Secretary determines necessary to ensure that final determinations under shall publish in the Federal Register and in (xi) Landscaping, grading, and other site or a newspaper of general circulation in the public improvements. paragraph (1) regarding whether another Federal agency has identified a use for any communities in the vicinity of the installa- (xii) Planning for or the marketing of the portion of a military installation to be tion information on the redevelopment au- development and reuse of the installation. closed or realigned under this subtitle, or thority. (xiii) Adaptation for and mitigation of nat- will accept transfer of any portion of such (C)(i) State and local governments, rep- ural disasters. resentatives of the homeless, and other in- (D) The Secretary may recoup from a rede- installation, are made not later than 180 days after the date of approval of closure or terested parties located in the communities velopment authority such portion of the pro- in the vicinity of an installation covered by ceeds from a sale or lease described in sub- realignment of that installation. (B) The Secretary may, in consultation this paragraph shall submit to the redevelop- paragraph (B) as the Secretary determines ment authority for the installation a notice appropriate if the redevelopment authority with the redevelopment authority with re- spect to an installation, postpone making of the interest, if any, of such governments, does not use the proceeds to support eco- representatives, and parties in the buildings nomic redevelopment of, or related to, the the final determinations referred to in sub- paragraph (A) with respect to the installa- or property, or any portion thereof, at the installation for the period specified in sub- installation that are identified under sub- paragraph (B). tion for such period as the Secretary deter- paragraph (B)(i)(II). A notice of interest (E)(i) The Secretary may transfer real mines appropriate if the Secretary deter- property at an installation approved for clo- mines that such postponement is in the best under this clause shall describe the need of sure or realignment under this subtitle (in- interests of the communities affected by the the government, representative, or party cluding property at an installation approved closure or realignment of the installation. concerned for the buildings or property cov- for realignment which will be retained by (C)(i) Before acquiring non-Federal real ered by the notice. the Department of Defense or another Fed- property as the location for a new or replace- (ii) The redevelopment authority for an in- eral agency after realignment) to the rede- ment Federal facility of any type, the head stallation shall assist the governments, rep- velopment authority for the installation if of the Federal agency acquiring the property resentatives, and parties referred to in the redevelopment authority agrees to lease, shall consult with the Secretary regarding clause (i) in evaluating buildings and prop- directly upon transfer, one or more portions the feasibility and cost advantages of using erty at the installation for purposes of this of the property transferred under this sub- Federal property or facilities at a military subparagraph. paragraph to the Secretary or to the head of installation closed or realigned or to be (iii) In providing assistance under clause another Federal agency. Subparagraph (B) closed or realigned under this subtitle as the (ii), a redevelopment authority shall— shall apply to a transfer under this subpara- location for the new or replacement facility. (I) consult with representatives of the graph. In considering the availability and suit- homeless in the communities in the vicinity (ii) A lease under clause (i) shall be for a ability of a specific military installation, the of the installation concerned; and term not to exceed 50 years, but may provide Secretary and the head of the Federal agen- (II) undertake outreach efforts to provide for options for renewal or extension of the cy involved shall obtain the concurrence of information on the buildings and property to term by the agency concerned. the redevelopment authority with respect to representatives of the homeless, and to other (iii) A lease under clause (i) may not re- the installation and comply with the rede- persons or entities interested in assisting the quire rental payments by the United States. velopment plan for the installation. homeless, in such communities. (iv) A lease under clause (i) shall include a (ii) Not later than 30 days after acquiring (iv) It is the sense of Congress that redevel- provision specifying that if the agency con- non-Federal real property as the location for opment authorities should begin to conduct

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 S5130 CONGRESSIONAL RECORD — SENATE September 11, 2017 outreach efforts under clause (iii)(II) with re- (ii)(I) In connection with a redevelopment tion, the availability of existing services in spect to an installation as soon as prac- plan for an installation, a redevelopment au- such communities to meet the needs of the ticable after the date of approval of closure thority and representatives of the homeless homeless in such communities, and the suit- or realignment of the installation. shall prepare legally binding agreements ability of the buildings and property covered (D)(i) State and local governments, rep- that provide for the use to assist the home- by the plan for the use and needs of the resentatives of the homeless, and other in- less of buildings and property, resources, and homeless in such communities; terested parties shall submit a notice of in- assistance on or off the installation. The im- (II) takes into consideration any economic terest to a redevelopment authority under plementation of such agreements shall be impact of the homeless assistance under the subparagraph (C) not later than the date contingent upon the decision regarding the plan on the communities in the vicinity of specified for such notice by the redevelop- disposal of the buildings and property cov- the installation; ment authority. ered by the agreements by the Secretary of (III) balances in an appropriate manner the (ii) The date specified under clause (i) shall Defense under subparagraph (K) or (L). needs of the communities in the vicinity of be— (II) Agreements under this clause shall the installation for economic redevelopment (I) in the case of an installation for which provide for the reversion to the redevelop- and other development with the needs of the a redevelopment authority has been recog- ment authority concerned, or to such other homeless in such communities; nized as of the date of the completion of the entity or entities as the agreements shall (IV) was developed in consultation with determinations referred to in paragraph (5), provide, of buildings and property that are representatives of the homeless and the not earlier than 90 days and not later than made available under this paragraph for use homeless assistance planning boards, if any, 180 days after the date of publication of such to assist the homeless in the event that such in the communities in the vicinity of the in- determination in a newspaper of general cir- buildings and property cease being used for stallation; and culation in the communities in the vicinity that purpose. (V) specifies the manner in which buildings of the installation under subparagraph (iii) A redevelopment authority shall pro- (B)(i)(IV); and and property, resources, and assistance on or vide opportunity for public comment on a re- off the installation will be made available (II) in the case of an installation for which development plan before submission of the a redevelopment authority is not recognized for homeless assistance purposes. plan to the Secretary of Defense and the Sec- (ii) It is the sense of Congress that the Sec- as of such date, not earlier than 90 days and retary of Housing and Urban Development retary of Housing and Urban Development not later than 180 days after the date of the under subparagraph (G). shall, in completing the review of a plan recognition of a redevelopment authority for (iv) A redevelopment authority shall com- under this subparagraph, take into consider- the installation. plete preparation of a redevelopment plan ation and be receptive to the predominant (iii) Upon specifying a date for an installa- for an installation and submit the plan under tion under this subparagraph, the redevelop- views on the plan of the communities in the subparagraph (G) not later than 270 days vicinity of the installation covered by the ment authority for the installation shall— after the date specified by the redevelopment (I) publish the date specified in a news- plan. authority for the installation under subpara- (iii) The Secretary of Housing and Urban paper of general circulation in the commu- graph (D). Development may engage in negotiations nities in the vicinity of the installation con- (G)(i) Upon completion of a redevelopment and consultations with a redevelopment au- cerned; and plan under subparagraph (F), a redevelop- thority before or during the course of a re- (II) notify the Secretary of Defense of the ment authority shall submit an application view under clause (i) with a view toward re- date. containing the plan to the Secretary of De- solving any preliminary determination of (E)(i) In submitting to a redevelopment au- fense and the Secretary of Housing and thority under subparagraph (C) a notice of the Secretary that a redevelopment plan Urban Development. does not meet a requirement set forth in interest in the use of buildings or property (ii) A redevelopment authority shall in- that clause. The redevelopment authority at an installation to assist the homeless, a clude in an application under clause (i) the may modify the redevelopment plan as a re- representative of the homeless shall submit following: sult of such negotiations and consultations. the following: (I) A copy of the redevelopment plan, in- (I) A description of the homeless assistance (iv)(I) Upon completion of a review of a re- cluding a summary of any public comments development plan under clause (i), the Sec- program that the representative proposes to on the plan received by the redevelopment carry out at the installation. retary of Housing and Urban Development authority under subparagraph (F)(iii). shall notify the Secretary of Defense and the (II) An assessment of the need for the pro- (II) A copy of each notice of interest of use gram. redevelopment authority concerned of the of buildings and property to assist the home- determination of the Secretary of Housing (III) A description of the extent to which less that was submitted to the redevelop- the program is or will be coordinated with and Urban Development under that clause. ment authority under subparagraph (C), to- (II) If the Secretary of Defense and the re- other homeless assistance programs in the gether with a description of the manner, if development authority concerned do not re- communities in the vicinity of the installa- any, in which the plan addresses the interest ceive the notice required by subclause (I) tion. expressed in each such notice and, if the plan with respect to a military installation with- (IV) A list of the buildings and property to does not address such an interest, an expla- in the period required by clause (i), the Sec- be used for the program at the installation nation why the plan does not address the in- retary of Defense shall dispose of the build- and a justification for why such buildings terest. ings and property at the installation. and property are necessary to carry out the (III) A summary of the outreach under- (v) If the Secretary of Housing and Urban program. taken by the redevelopment authority under Development determines as a result of a re- (V) A description of the financial plan, the subparagraph (C)(iii)(II) in preparing the view under clause (iv) that a redevelopment organization, and the organizational capac- plan. plan does not meet the requirements set ity of the representative to carry out the (IV) A statement identifying the represent- forth in clause (i), a notice under clause (iv) program. atives of the homeless and the homeless as- shall include— (VI) An assessment of the time required in sistance planning boards, if any, with which (I) an explanation of that determination; order to commence carrying out the pro- the redevelopment authority consulted in and gram. preparing the plan, and the results of such (ii) A redevelopment authority may not re- (II) a statement of the actions that the re- consultations. development authority must undertake in lease to the public any information sub- (V) An assessment of the manner in which mitted to the redevelopment authority under order to address that determination. the redevelopment plan balances the ex- (I)(i) Upon receipt of a notice under sub- clause (i)(V) without the consent of the rep- pressed needs of the homeless and the need of resentative of the homeless concerned unless paragraph (H)(iv) of a determination that a the communities in the vicinity of the in- such release is authorized under Federal law redevelopment plan does not meet a require- stallation for economic redevelopment and and under the law of the State and commu- ment set forth in subparagraph (H)(i), a rede- nities in which the installation concerned is other development. velopment authority shall have the oppor- located. (VI) Copies of the agreements that the re- tunity to— (iii) If a redevelopment authority does not development authority proposes to enter (I) revise the plan in order to address the receive a notice of interest in accordance into under subparagraph (F)(ii). determination; and with clause (i), the requirements set forth in (H)(i) Except as provided in subparagraph (II) submit the revised plan to the Sec- subparagraph (H) are not applicable. (E)(iii), not later than 60 days after receiving retary of Defense and the Secretary of Hous- (F)(i) The redevelopment authority for a redevelopment plan under subparagraph ing and Urban Development. each installation covered by this paragraph (G), the Secretary of Housing and Urban De- (ii) A redevelopment authority shall sub- shall prepare a redevelopment plan for the velopment shall complete a review of the mit a revised plan under this subparagraph installation. The redevelopment authority plan. The purpose of the review is to deter- to such Secretaries, if at all, not later than shall, in preparing the plan, consider the in- mine whether the plan, with respect to the 90 days after the date on which the redevel- terests in the use to assist the homeless of expressed interest and requests of represent- opment authority receives the notice re- the buildings and property at the installa- atives of the homeless— ferred to in clause (i). tion that are expressed in the notices sub- (I) takes into consideration the size and (J)(i) Not later than 30 days after receiving mitted to the redevelopment authority under nature of the homeless population in the a revised redevelopment plan under subpara- subparagraph (C). communities in the vicinity of the installa- graph (I), the Secretary of Housing and

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5131 Urban Development shall review the revised at the installation that meet the require- use the eligibility criteria set forth in such plan and determine if the plan meets the re- ments set forth in subparagraph (H)(i). section or subchapter II of chapter 471 of quirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban title 49, United States Code (as the case may (ii)(I) The Secretary of Housing and Urban Development may request under clause be) to determine the eligibility of the appli- Development shall notify the Secretary of (i)(III) that a representative of the homeless cant and use proposed in the request for the Defense and the redevelopment authority submit to that Secretary the following: public benefit conveyance. The determina- concerned of the determination of the Sec- (I) A description of the program of such tion of such eligibility should be made before retary of Housing and Urban Development representative to assist the homeless. submission of the redevelopment plan con- under this subparagraph. (II) A description of the manner in which cerned under subparagraph (G). (II) If the Secretary of Defense and the re- the buildings and property that the rep- (VI) It is the sense of Congress that the development authority concerned do not re- resentative proposes to use for such purpose Secretary of Defense and the redevelopment ceive the notice required by subclause (I) will assist the homeless. authority should work with State and local with respect to a military installation with- (III) Such information as that Secretary agencies to the maximum extent practicable in the period required by clause (i), the Sec- requires in order to determine the financial to collaborate on environmental assessments retary of Defense shall dispose of the build- capacity of the representative to carry out to reduce redundancy of effort and to accel- ings and property at the installation. the program and to ensure that the program erate redevelopment actions. (K)(i) Upon receipt of a notice under sub- will be carried out in compliance with Fed- (M)(i) In the event of the disposal of build- paragraph (H)(iv) or (J)(ii) of the determina- eral environmental law and Federal law ings and property of an installation pursuant to subparagraph (K) or (L), the redevelop- tion of the Secretary of Housing and Urban against discrimination. ment authority for the installation shall be Development that a redevelopment plan for (IV) A certification that police services, responsible for the implementation of and an installation meets the requirements set fire protection services, and water and sewer compliance with agreements under the rede- forth in subparagraph (H)(i), the Secretary of services available in the communities in the Defense shall dispose of the buildings and velopment plan described in that subpara- vicinity of the installation concerned are graph for the installation. property at the installation. adequate for the program. (ii) For purposes of carrying out an envi- (ii) If a building or property reverts to a re- (iii) Not later than 30 days after the date of development authority under such an agree- ronmental assessment of the closure or re- the receipt of a revised plan for an installa- ment, the redevelopment authority shall alignment of an installation, the Secretary tion under subparagraph (J), the Secretary take appropriate actions to secure, to the of Defense shall treat the redevelopment of Housing and Urban Development shall— maximum extent practicable, the utilization plan for the installation (including the as- (I) notify the Secretary of Defense and the of the building or property by other home- pects of the plan providing for disposal to redevelopment authority concerned of the less representatives to assist the homeless. A State or local governments, representatives buildings and property at an installation redevelopment authority may not be re- of the homeless, and other interested par- under clause (i)(IV) that the Secretary of quired to utilize the building or property to ties) as part of the proposed Federal action Housing and Urban Development determines assist the homeless. for the installation. are suitable for use to assist the homeless; (N) The Secretary of Defense may postpone (iii) The Secretary of Defense shall dispose and or extend any deadline provided for under of buildings and property under clause (i) in (II) notify the Secretary of Defense of the this paragraph in the case of an installation accordance with the record of decision or extent to which the revised plan meets the covered by this paragraph for such period as other decision document prepared by the criteria set forth in subparagraph (H)(i). the Secretary considers appropriate if the Secretary in accordance with the National (iv)(I) Upon notice from the Secretary of Secretary determines that such postpone- Environmental Policy Act of 1969 (42 U.S.C. Housing and Urban Development with re- ment is in the interests of the communities 4321 et seq.). In preparing the record of deci- spect to an installation under clause (iii), affected by the closure or realignment of the sion or other decision document, the Sec- the Secretary of Defense shall dispose of installation. The Secretary shall make such retary shall give substantial deference to the buildings and property at the installation in determinations in consultation with the re- redevelopment plan concerned. consultation with the Secretary of Housing development authority concerned and, in the (iv) The disposal under clause (i) of build- and Urban Development and the redevelop- case of deadlines provided for under this ings and property to assist the homeless ment authority concerned. paragraph with respect to the Secretary of shall be without consideration. (II) For purposes of carrying out an envi- Housing and Urban Development, in con- (v) In the case of a request for a convey- ronmental assessment of the closure or re- sultation with the Secretary of Housing and ance under clause (i) of buildings and prop- alignment of an installation, the Secretary Urban Development. erty for public benefit under section 550 of of Defense shall treat the redevelopment (O) For purposes of this paragraph, the title 40, United States Code, or sections 47151 plan submitted by the redevelopment au- term ‘‘communities in the vicinity of the in- through 47153 of title 49, United States Code, thority for the installation (including the as- stallation’’, in the case of an installation, the sponsoring Federal agency shall use the pects of the plan providing for disposal to means the communities that constitute the eligibility criteria set forth in such section State or local governments, representatives political jurisdictions (other than the State or subchapter II of chapter 471 of title 49, of the homeless, and other interested par- in which the installation is located) that United States Code (as the case may be) to ties) as part of the proposed Federal action comprise the redevelopment authority for determine the eligibility of the applicant for the installation. The Secretary of De- the installation. (P) For purposes of this paragraph, the and use proposed in the request for the pub- fense shall incorporate the notification of term ‘‘other interested parties’’, in the case lic benefit conveyance. The determination of the Secretary of Housing and Urban Develop- of an installation, includes any parties eligi- such eligibility should be made before sub- ment under clause (iii)(I) as part of the pro- ble for the conveyance of property of the in- mission of the redevelopment plan concerned posed Federal action for the installation under subparagraph (G). stallation under section 550 of title 40, only to the extent, if any, that the Secretary United States Code, or sections 47151 through (L)(i) If the Secretary of Housing and of Defense considers such incorporation to be Urban Development determines under sub- 47153 of title 49, United States Code, whether appropriate and consistent with the best and or not the parties assist the homeless. paragraph (J) that a revised redevelopment highest use of the installation as a whole, plan for an installation does not meet the re- (7)(A) Subject to subparagraph (C), the Sec- taking into consideration the redevelopment retary may enter into agreements (including quirements set forth in subparagraph (H)(i), plan submitted by the redevelopment au- contracts, cooperative agreements, or other or if no revised plan is so submitted, that thority. arrangements for reimbursement) with local Secretary shall— (III) The Secretary of Defense shall dispose governments for the provision of police or se- (I) review the original redevelopment plan of buildings and property under subclause (I) curity services, fire protection services, air- submitted to that Secretary under subpara- in accordance with the record of decision or field operation services, or other community graph (G), including the notice or notices of other decision document prepared by the services by such governments at military in- representatives of the homeless referred to Secretary in accordance with the National stallations to be closed under this subtitle, in clause (ii)(II) of that subparagraph; Environmental Policy Act of 1969 (42 U.S.C. or at facilities not yet transferred or other- (II) consult with the representatives re- 4321 et seq.). In preparing the record of deci- wise disposed of in the case of installations ferred to in subclause (I), if any, for purposes sion or other decision document, the Sec- closed under this subtitle, if the Secretary of evaluating the continuing interest of such retary shall give deference to the redevelop- determines that the provision of such serv- representatives in the use of buildings or ment plan submitted by the redevelopment ices under such agreements is in the best in- property at the installation to assist the authority for the installation. terests of the Department of Defense. homeless; (IV) The disposal under subclause (I) of (B) The Secretary may exercise the author- (III) request that each such representative buildings and property to assist the homeless ity provided under this paragraph without submit to that Secretary the items described shall be without consideration. regard to the provisions of chapter 146 of in clause (ii); and (V) In the case of a request for a convey- title 10, United States Code. (IV) based on the actions of that Secretary ance under subclause (I) of buildings and (C) The Secretary may not exercise the au- under subclauses (I) and (II), and on any in- property for public benefit under section 550 thority under subparagraph (A) with respect formation obtained by that Secretary as a of title 40, United States Code, or sections to an installation earlier than 180 days be- result of such actions, indicate to the Sec- 47151 through 47153 of title 49, United States fore the date on which the installation is to retary of Defense the buildings and property Code, the sponsoring Federal agency shall be closed.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 S5132 CONGRESSIONAL RECORD — SENATE September 11, 2017 (D) The Secretary shall include in a con- ferred to in subparagraph (A) are also the (B) any funds that the Secretary may, sub- tract for services entered into with a local real property and facilities located at an in- ject to approval in an appropriation Act, government under this paragraph a clause stallation approved for closure or realign- transfer to the Account from funds appro- that requires the use of professionals to fur- ment under this subtitle that are available priated to the Department of Defense for any nish the services to the extent that profes- for purposes other than to assist the home- purpose, except that such funds may be sionals are available in the area under the less. transferred only after the date on which the jurisdiction of such government. (C) The Secretary may require any addi- Secretary transmits written notice of, and (d) APPLICABILITY OF NATIONAL ENVIRON- tional terms and conditions in connection justification for, such transfer to the con- MENTAL POLICY ACT OF 1969.—(1) The provi- with an agreement authorized by subpara- gressional defense committees; and sions of the National Environmental Policy graph (A) as the Secretary considers appro- (C) except as provided in subsection (d), Act of 1969 (42 U.S.C. 4321 et seq.) shall not priate to protect the interests of the United proceeds received from the lease, transfer, or apply to the actions of the President and, ex- States. disposal of any property at a military instal- cept as provided in paragraph (2), the Depart- (2) A transfer of real property or facilities lation that is closed or realigned under this ment of Defense in carrying out this sub- may be made under paragraph (1) only if the subtitle. title. Secretary certifies to Congress that— (3) The Account shall be closed at the time (2)(A) The provisions of the National Envi- (A) the costs of all environmental restora- and in the manner provided for appropriation ronmental Policy Act of 1969 shall apply to tion, waste management, and environmental accounts under section 1555 of title 31, actions of the Department of Defense under compliance activities otherwise to be paid by United States Code. Unobligated funds that this subtitle— the Secretary with respect to the property or remain in the Account upon closure shall be (i) during the process of property disposal; facilities are equal to or greater than the held by the Secretary of the Treasury until and fair market value of the property or facili- transferred by law after the congressional (ii) during the process of relocating func- ties to be transferred, as determined by the defense committees receive the report trans- tions from a military installation being Secretary; or mitted under subsection (c)(2). closed or realigned to another military in- (B) if such costs are lower than the fair (b) USE OF FUNDS.—(1) The Secretary may stallation after the receiving installation market value of the property or facilities, use the funds in the Account only for the has been selected but before the functions the recipient of the property or facilities purposes described in section 2714 with re- are relocated. agrees to pay the difference between the fair spect to military installations approved for (B) In applying the provisions of the Na- market value and such costs. closure or realignment under this subtitle. tional Environmental Policy Act of 1969 to (3) In the case of property or facilities cov- (2) When a decision is made to use funds in the processes referred to in subparagraph ered by a certification under paragraph the Account to carry out a construction (A), the Secretary of Defense and the Sec- (2)(A), the Secretary may pay the recipient project under section 2714(a) at a military in- retary of the military departments con- of such property or facilities an amount stallation in support of a master plan for the cerned shall not have to consider— equal to the lesser of— military installation as required under sec- (i) the need for closing or realigning the (A) the amount by which the costs in- tion 2712(h)(2)(D)(ii), such construction military installation that has been rec- curred by the recipient of such property or project shall be conducted in accordance ommended for closure or realignment; facilities for all environmental restoration, with the sections of chapter 169 of title 10, (ii) the need for transferring functions to waste, management, and environmental United States Code, applicable to such con- any military installation that has been se- compliance activities with respect to such struction project. lected as the receiving installation; or property or facilities exceed the fair market (3)(A) In the case of construction projects (iii) military installations alternative to value of such property or facilities as speci- carried out using funds in the Account that those recommended or selected. fied in such certification; or exceed the applicable minor construction (3) A civil action for judicial review, with (B) the amount by which the costs (as de- threshold under section 2805 of title 10, respect to any requirement of the National termined by the Secretary) that would oth- United States Code, the Secretary may carry Environmental Policy Act of 1969 to the ex- erwise have been incurred by the Secretary out such a project that has not been author- tent such Act is applicable under paragraph for such restoration, management, and ac- ized by law if the Secretary determines (2), of any act or failure to act by the De- tivities with respect to such property or fa- that— partment of Defense during the closing, re- cilities exceed the fair market value of such (i) the project is necessary for the Depart- aligning, or relocating of functions referred property or facilities as so specified. ment to execute a closure or realignment ac- to in clauses (i) and (ii) of paragraph (2)(A), (4) As part of an agreement under para- tion under this subtitle; and may not be brought more than 60 days after graph (1), the Secretary shall disclose to the (ii) the requirement for the project is so the date of such act or failure to act. person to whom the property or facilities urgent that deferral of the project for au- (e) WAIVER.—The Secretary of Defense may will be transferred any information of the thorization by law would pose a significant close or realign military installations under Secretary regarding the environmental res- delay in proceeding with a realignment or this subtitle without regard to— toration, waste management, and environ- closure action under this subtitle or is incon- (1) any provision of law restricting the use mental compliance activities described in sistent with national security or the protec- of funds for closing or realigning military in- paragraph (1) that relate to the property or tion of health, safety, or environmental stallations included in any appropriations or facilities. The Secretary shall provide such quality. authorization Act; and information before entering into the agree- (B)(i) When a decision is made to carry out (2) sections 2662 and 2687 of title 10, United ment. a construction project under subparagraph States Code. (5) Nothing in this subsection shall be con- (A), the Secretary shall submit to the con- (f) TRANSFER AUTHORITY IN CONNECTION strued to modify, alter, or amend the Com- gressional defense committees in writing a WITH PAYMENT OF ENVIRONMENTAL REMEDI- prehensive Environmental Response, Com- report on that decision. Each such report ATION COSTS.—(1)(A) Subject to paragraph (2) pensation, and Liability Act of 1980 (42 shall include— of this subsection and section 120(h) of the U.S.C. 9601 et seq.) or the Solid Waste Dis- (I) a justification for the project and a cur- Comprehensive Environmental Response, posal Act (42 U.S.C. 6901 et seq.). rent estimate of the cost of the project; and Compensation, and Liability Act of 1980 (42 (6) Section 330 of the National Defense Au- (II) a justification for carrying out the U.S.C. 9620(h)), the Secretary may enter into thorization Act for Fiscal Year 1993 (Public project under this subtitle. an agreement to transfer by deed real prop- Law 102–484; 10 U.S.C. 2687 note) shall not (ii) The Secretary may carry out a con- erty or facilities referred to in subparagraph apply to any transfer under this subsection struction project under subparagraph (A) (B) with any person who agrees to perform to persons or entities described in subsection only after the end of the seven-day period be- all environmental restoration, waste man- (a)(2) of such section 330, except in the case ginning on the earlier of— agement, and environmental compliance ac- of releases or threatened releases not dis- (I) the date on which the report under tivities that are required for the property or closed pursuant to paragraph (4) of this sub- clause (i) relating to such project is received facilities under Federal and State laws, ad- section. by the congressional defense committees; or ministrative decisions, agreements (includ- SEC. 2715. DEPARTMENT OF DEFENSE BASE CLO- (II) the date on which a copy of such report ing schedules and milestones), and concur- SURE ACCOUNT 2017. is provided to such committees in an elec- rences. (a) IN GENERAL.—(1) If a joint resolution is tronic medium pursuant to section 480 of (B) The real property and facilities re- enacted under section 2713(b), there shall be title 10, United States Code. ferred to in subparagraph (A) are the real established on the books of the Treasury an (4) The maximum amount that the Sec- property and facilities located at an installa- account to be known as the ‘‘Department of retary may obligate in any fiscal year under tion closed or to be closed, or realigned or to Defense Base Closure Account 2017’’ (in this this section is $100,000,000. be realigned, under this subtitle that are section referred to as the ‘‘Account’’). The (5) A project carried out using funds under available exclusively for the use, or expres- Account shall be administered by the Sec- this section shall be carried out within the sion of an interest in a use, of a redevelop- retary as a single account. total amount of funds appropriated for the ment authority under subsection (c)(6)(F) (2) There shall be deposited into the Ac- Account that have not been obligated. during the period provided for that use, or count— (c) REPORTS.—(1)(A) Not later than 60 days expression of interest in use, under that sub- (A) funds authorized for and appropriated after the end of each fiscal year in which the section. The real property and facilities re- to the Account; Secretary carries out activities under this

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5133 subtitle using funds in the Account, the Sec- (4) In this subsection: (1) to identify, through any transmittal to retary shall transmit a report to the con- (A) The term ‘‘commissary store funds’’ Congress or through any other public an- gressional defense committees of— means funds received from the adjustment nouncement or notification, any military in- (i) the amount and nature of the deposits of, or surcharge on, selling prices at com- stallation inside the United States as an in- into, and the expenditures from, the Account missary stores fixed under section 2685 of stallation to be closed or realigned or as an during such fiscal year; title 10, United States Code. installation under consideration for closure (ii) the amount and nature of other expend- (B) The term ‘‘nonappropriated funds’’ or realignment; or itures made pursuant to section 2714(a) dur- means funds received from a non- (2) to carry out any closure or realignment ing such fiscal year; appropriated fund instrumentality. of a military installation inside the United (iii) the amount and nature of anticipated (C) The term ‘‘nonappropriated fund in- States. deposits to be made into, and the anticipated strumentality’’ means an instrumentality of (c) EXCEPTION.—Nothing in this subtitle af- expenditures to be made from, the Account the United States under the jurisdiction of fects the authority of the Secretary to carry during the first fiscal year commencing after the Armed Forces (including the Army and out closures and realignments to which sec- the submission of the report; and Air Force Exchange Service, the Navy Resale tion 2687 of title 10, United States Code, is (iv) the amount and nature of anticipated and Services Support Office, and the Marine not applicable, including closures and re- expenditures to be made pursuant to section Corps exchanges) which is conducted for the alignments carried out for reasons of na- 2714(a) during the first fiscal year com- comfort, pleasure, contentment, or physical mencing after the submission of the report. tional security or a military emergency de- or mental improvement of members of the scribed in subsection (d) of such section. (B) The report for a fiscal year shall in- Armed Forces. clude the following: (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS SEC. 2717. DEFINITIONS. (i) The obligations and expenditures from FOR ENVIRONMENTAL RESTORATION In this subtitle: the Account during the fiscal year, identified PROJECTS.—Except for funds deposited into by subaccount and installation, for each (1) The term ‘‘Account’’ means the Depart- the Account under subsection (a), funds ap- ment of Defense Base Closure Account estab- military department and Defense Agency. propriated to the Department of Defense lished by section 2715(a)(1). (ii) The fiscal year in which appropriations may not be used for purposes described in (2) The term ‘‘congressional defense com- for such expenditures were made and the fis- section 2714(a)(1)(C). The prohibition in this mittees’’ means the Committee on Armed cal year in which funds were obligated for subsection shall expire upon the closure of Services and the Committee on Appropria- such expenditures. the Account under subsection (a)(3). (iii) Each military construction project for (f) AUTHORIZED COST AND SCOPE OF WORK tions of the Senate and the Committee on which such obligations and expenditures VARIATIONS.—(1) Subject to paragraphs (2) Armed Services and the Committee on Ap- were made, identified by installation and and (3), the cost authorized for a military propriations of the House of Representatives. project title. construction project or military family (3) The term ‘‘military installation’’ means (iv) A description and explanation of the housing project to be carried out using funds a base, camp, post, station, yard, center, extent, if any, to which expenditures for in the Account may not be increased or re- homeport facility for any ship, or other ac- military construction projects for the fiscal duced by more than 20 percent or $2,000,000, tivity under the jurisdiction of the Depart- year differed from any proposals for projects whichever is less, of the amount specified for ment of Defense, including any leased facil- and funding levels for the Account for such the project in the conference report to ac- ity. Such term does not include any facility fiscal year, including an explanation of— company the Act of Congress authorizing the used primarily for civil works, rivers and (I) any failure to carry out military con- project. The scope of work for such a project harbors projects, flood control, or other struction projects that were so proposed; and may not be reduced by more than 25 percent projects not under the primary jurisdiction (II) any expenditures for military construc- from the scope specified in the most recent or control of the Department of Defense. tion projects that were not so proposed. budget documents for the projects listed in (4) The term ‘‘realignment’’ includes any (v) An estimate of the net revenues to be such conference report. action which both reduces and relocates received from property disposals to be com- (2) Paragraph (1) shall not apply to a mili- functions and civilian personnel positions pleted during the first fiscal year com- tary construction project or military family but does not include a reduction in force re- mencing after the submission of the report housing project to be carried out using funds sulting from workload adjustments, reduced at military installations approved for clo- in the Account with an estimated cost of less personnel or funding levels, or skill imbal- sure or realignment under this subtitle. than $5,000,000, unless the project has not ances. (2) Not later than 60 days after the closure been previously identified in any budget sub- (5) The term ‘‘Secretary’’ means the Sec- of the Account under subsection (a)(3), the mission for the Account and exceeds the ap- retary of Defense. Secretary shall transmit to the congres- plicable minor construction threshold under (6) The term ‘‘United States’’ means the 50 sional defense committees a report con- section 2805 of title 10, United States Code. States, the District of Columbia, the Com- taining an accounting of— (3) The limitation on cost or scope vari- monwealth of Puerto Rico, Guam, the Virgin (A) all of the funds deposited into and ex- ation specified in paragraph (1) shall not Islands, American Samoa, and any other apply if the Secretary of Defense makes a de- pended from the Account or otherwise ex- commonwealth, territory, or possession of termination that an increase or reduction in pended under this subtitle with respect to the United States. cost or a reduction in the scope of work for such installations; and (7) The term ‘‘date of approval’’, with re- a military construction project or military (B) any amount remaining in the Account. spect to a closure or realignment of an in- family housing project to be carried out (d) DISPOSAL OR TRANSFER OF COMMISSARY stallation, means the date on which Congress using funds in the Account is required for STORES AND PROPERTY PURCHASED WITH NON- approves under section 2713(b) a rec- the sole purpose of meeting unusual vari- APPROPRIATED FUNDS.—(1) If any real prop- ommendation of closure or realignment, as ations in cost or scope. If the Secretary erty or facility acquired, constructed, or im- the case may be, of such installation. makes such a determination, the Secretary proved (in whole or in part) with commissary (8) The term ‘‘redevelopment authority’’, store funds or nonappropriated funds is shall notify the congressional defense com- mittees of the variation in cost or scope not in the case of an installation to be closed or transferred or disposed of in connection with realigned under this subtitle, means any en- the closure or realignment of a military in- later than 21 days before the date on which the variation is made in connection with the tity (including an entity established by a stallation under this subtitle, a portion of State or local government) recognized by the the proceeds of the transfer or other disposal project or, if the notification is provided in an electronic medium pursuant to section 480 Secretary of Defense as the entity respon- of property on that installation shall be de- sible for developing the redevelopment plan posited in the reserve account established of title 10, United States Code, not later than with respect to the installation or for direct- under section 204(b)(7)(C) of the Defense Au- 14 days before the date on which the vari- ing the implementation of such plan. thorization Amendments and Base Closure ation is made. The Secretary shall include (9) The term ‘‘redevelopment plan’’ in the and Realignment Act (Public Law 100–526; 10 the reasons for the variation in the notifica- case of an installation to be closed or re- U.S.C. 2687 note). tion. (2) The amount so deposited shall be equal SEC. 2716. RESTRICTION ON OTHER BASE CLO- aligned under this subtitle, means a plan to the depreciated value of the investment SURE AUTHORITY. that— made with such funds in the acquisition, (a) IN GENERAL.—Except as provided in (A) is agreed to by the local redevelopment construction, or improvement of that par- subsection (c), during the period beginning authority with respect to the installation; ticular real property or facility. The depre- on the date of the enactment of this Act, and and ciated value of the investment shall be com- ending on April 15, 2020, this subtitle shall be (B) provides for the reuse or redevelopment puted in accordance with regulations pre- the exclusive authority for selecting for clo- of the real property and personal property of scribed by the Secretary. sure or realignment, or for carrying out any the installation that is available for such (3) The Secretary may use amounts in the closure or realignment of, a military instal- reuse and redevelopment as a result of the reserve account, without further appropria- lation inside the United States. closure or realignment of the installation. tion, for the purpose of acquiring, con- (b) RESTRICTION.—Except as provided in (10) The term ‘‘representative of the home- structing, and improving— subsection (c), none of the funds available to less’’ has the meaning given such term in (A) commissary stores; and the Department of Defense may be used, section 501(i)(4) of the Stewart B. McKinney (B) real property and facilities for non- other than under this subtitle, during the pe- Homeless Assistance Act (42 U.S.C. appropriated fund instrumentalities. riod specified in subsection (a)— 11411(i)(4)).

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 S5134 CONGRESSIONAL RECORD — SENATE September 11, 2017 SEC. 2718. TREATMENT AS A BASE CLOSURE LAW and for defense activities of the De- with the report which, under the provisions FOR PURPOSES OF OTHER PROVI- partment of Energy, to prescribe mili- of such amendment, is first required to be SIONS OF LAW. submitted by the Office of Personnel Man- (a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN tary personnel strengths for such fiscal year, and for other purposes; which was agement to each House of Congress by a date TITLE 10.—Section 101(a)(17) of title 10, which occurs at least 6 months after the date United States Code, is amended by adding at ordered to lie on the table; as follows: of the enactment of this Act. the end the following new subparagraph: At the end of subtitle G of title X, add the ‘‘(D) The Defense Force and Infrastructure following: SA 878. Mr. JOHNSON submitted an Review Act of 2017.’’. SEC. lll. OFFICE OF PERSONNEL MANAGE- amendment intended to be proposed by (b) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN MENT REPORTING REQUIREMENT him to the bill H.R. 2810, to authorize OTHER LAWS.— ON USE OF OFFICIAL TIME BY FED- (1) Section 131(b) of Public Law 107–249 (10 ERAL EMPLOYEES. appropriations for fiscal year 2018 for U.S.C. 221 note) is amended by striking (a) IN GENERAL.—Section 7131 of title 5, military activities of the Department ‘‘means’’ and all that follows and inserting United States Code, is amended by adding at of Defense, for military construction, ‘‘has the meaning given the term ‘base clo- the end the following: and for defense activities of the De- sure law’ in section 101(a)(17) of title 10, ‘‘(e)(1)(A) Not later than March 31 of each partment of Energy, to prescribe mili- United States Code.’’. calendar year, the Office of Personnel Man- tary personnel strengths for such fiscal agement, in consultation with the Office of (2) Section 1334(k)(1) of the National De- year, and for other purposes; which was fense Authorization Act for Fiscal Year 1994 Management and Budget, shall submit to (Public Law 103–160; 10 U.S.C. 2701 note) is each House of Congress a report on the oper- ordered to lie on the table; as follows: amended by adding at the end the following ation of this section during the fiscal year At the end of subtitle G of title X, add the new subparagraph: last ending before the start of such calendar following: ‘‘(C) The Defense Force and Infrastructure year. SEC. 1088. FEDERAL TAXPAYER-FUNDED UNION Review Act of 2017.’’. ‘‘(B) Not later than December 31 of each TIME. (3) Section 2918(a)(1) of the National De- calendar year, each agency (as defined by (a) IN GENERAL.— fense Authorization Act for Fiscal Year 1994 section 7103(a)(3)) shall furnish to the Office (1) AMENDMENT.—Section 7131 of title 5, (Public Law 103–160; 10 U.S.C. 2687 note) is of Personnel Management the information United States Code, is amended— amended by adding at the end the following which such Office requires, with respect to (A) in the section heading, by striking ‘‘Of- new subparagraph: such agency, for purposes of the report which ficial time’’ and inserting ‘‘Federal taxpayer- ‘‘(C) The Defense Force and Infrastructure is next due under subparagraph (A). funded union time’’; Review Act of 2017.’’. ‘‘(2) Each report by the Office of Personnel (B) in subsection (a), by striking ‘‘official SEC. 2719. CONFORMING AMENDMENTS. Management under this subsection shall in- time’’ each place it appears and inserting (a) DEPOSIT AND USE OF LEASE PROCEEDS.— clude, with respect to the fiscal year de- ‘‘Federal taxpayer-funded union time’’; Section 2667(e) of title 10, United States scribed in paragraph (1)(A), at least the fol- (C) in subsection (c), by striking ‘‘official Code, is amended— lowing information: time’’ and all that follows through ‘‘duty (1) in paragraph (5), by striking ‘‘on or ‘‘(A) The total amount of official time status’’ and inserting ‘‘Federal taxpayer- after January 1, 2005,’’ and inserting ‘‘from granted to employees. funded union time for such purpose during January 1, 2005 through December 31, 2005,’’; ‘‘(B) The average amount of official time the time the employee otherwise would be in and expended per bargaining unit employee. a duty status as intended upon appointment (2) by adding at the end the following new ‘‘(C) The specific types of activities or pur- to a position in the civil service’’; and paragraph: poses for which official time was granted, (D) in subsection (d), in the matter fol- ‘‘(6) Money rentals received by the United and the impact which the granting of such lowing paragraph (2), by striking ‘‘official States from a lease under subsection (g) at a official time for such activities or purposes time’’ and inserting ‘‘Federal taxpayer-fund- military installation approved for closure or had on agency operations. ed union time’’. ‘‘(D) The total number of employees to realignment under a base closure law on or (2) TECHNICAL AND CONFORMING AMEND- whom official time was granted, and, of that after January 1, 2006, shall be deposited into MENTS.— the account established under section 2715 of total, the number who were not engaged in (A) Section 1018(d) of the Foreign Service the Defense Force and Infrastructure Review any activities or purposes except activities Act of 1980 (22 U.S.C. 4118(d)) is amended— Act of 2017.’’. or purposes involving the use of official (i) by striking ‘‘official time’’ each place it (b) RESTORED LEAVE.—Section 6304(d)(3)(A) time. appears and inserting ‘‘Federal taxpayer- of title 5, United States Code, is amended by ‘‘(E) The total amount of compensation funded union time’’; and striking ‘‘the Defense Base Closure and Re- (including fringe benefits) afforded to em- (ii) in paragraph (3), by inserting ‘‘as in- alignment Act of 1990 (part A of title XXIX ployees in connection with activities or pur- tended upon appointment to a position in the of Public Law 101–510; 10 U.S.C. 2687 note)’’ poses for which they were granted official civil service or foreign service’’ before the and inserting ‘‘a base closure law, as that time. period at the end. term is defined in section 101(a)(17) of title ‘‘(F) The total amount of official time (B) The table of sections for chapter 71 of 10,’’. spent by employees representing Federal em- title 5, United States Code, is amended by ployees who are not union members in mat- striking the item relating to section 7131 and SA 876. Mr. MCCAIN submitted an ters authorized by this chapter. inserting the following: ‘‘(G) A description of any room or space amendment intended to be proposed by ‘‘7131. Federal taxpayer-funded union time.’’. him to the bill H.R. 2810, to authorize designated at the agency (or its subcompo- (b) LIMITATION ON USE OF FEDERAL TAX- appropriations for fiscal year 2018 for nent) where official time activities will be conducted, including the square footage of PAYER-FUNDED UNION TIME FOR POLITICAL AC- military activities of the Department any such room or space. TIVITY.— of Defense, for military construction, ‘‘(3) All information included in a report by (1) IN GENERAL.—Section 7131 of title 5, and for defense activities of the De- the Office of Personnel Management under United States Code, is amended— partment of Energy, to prescribe mili- this subsection with respect to a fiscal (A) in subsection (d) by inserting ‘‘and sub- tary personnel strengths for such fiscal year— section (e)’’ after ‘‘preceding subsections’’; year, and for other purposes; which was ‘‘(A) shall be shown both agency-by-agency and ordered to lie on the table; as follows: and for all agencies; and (B) by adding at the end the following: ‘‘(B) shall be accompanied by the cor- ‘‘(e) An employee may not be granted Fed- At the end of subtitle G of title XII, add responding information (submitted by the eral taxpayer-funded union time under this the following: Office in its report under this subsection) for section for any time such employee would SEC. lll. CLARIFICATION OF AUTHORITY TO the fiscal year before the fiscal year to which otherwise be in a duty status for purposes of SUPPORT BORDER SECURITY OPER- such report pertains, together with appro- engaging in any political activity, including ATIONS OF CERTAIN FOREIGN lobbying activity.’’. COUNTRIES. priate comparisons and analyses. Section 1226(b)(3) of the National Defense ‘‘(4) For purposes of this subsection, the (2) APPLICABILITY.—The amendment made Authorization Act for Fiscal Year 2016 (22 term ‘official time’ means any period of by this subsection shall apply on and after U.S.C. 2551 note) is amended by striking ‘‘for time, regardless of agency nomenclature— the date of enactment of this Act, regardless such fiscal year’’ both places it appears. ‘‘(A) which may be granted to an employee of whether an employee is covered by a col- under this chapter (including a collective lective bargaining agreement in effect on SA 877. Mr. JOHNSON submitted an bargaining agreement entered into under such date. amendment intended to be proposed by this chapter) to perform representational or (c) EXCLUSION OF CERTAIN DURATIONS OF consultative functions; and FEDERAL TAXPAYER-FUNDED UNION TIME him to the bill H.R. 2810, to authorize ‘‘(B) during which the employee would oth- FROM CREDITABLE SERVICE.— appropriations for fiscal year 2018 for erwise be in a duty status.’’. (1) CSRS.—Section 8332 of title 5, United military activities of the Department (b) APPLICABILITY.—The amendment made States Code, is amended by adding at the end of Defense, for military construction, by subsection (a) shall be effective beginning the following:

VerDate Sep 11 2014 06:11 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5135 ‘‘(p)(1) An employee may not be allowed SA 879. Mr. JOHNSON (for himself effective as the currently fielded free fall credit under this section for service per- and Mr. FLAKE) submitted an amend- parachute systems. formed during any year during which the ment intended to be proposed by him (c) REPORT.—The report referred to in sub- service of the employee is spent principally to the bill H.R. 2810, to authorize ap- section (a) is a report that includes— on Federal taxpayer-funded union time, as propriations for fiscal year 2018 for (1) an explanation for using the Parachute described under paragraph (2). Industry Association specification for a mili- ‘‘(2) For purposes of this subsection, the military activities of the Department of Defense, for military construction, tary parachute given that sports parachutes service of an employee during a year is spent are employed from relatively slow flying ci- principally on Federal taxpayer-funded and for defense activities of the De- vilian aircraft at altitudes below 10,000 feet; union time if at least 80 percent of the hours partment of Energy, to prescribe mili- (2) a cost estimate for any new equipment such employee would otherwise be in a duty tary personnel strengths for such fiscal and training that the Marine Corps will re- status during such year are spent on Federal year, and for other purposes; which was quire in order to employ a high glide para- taxpayer-funded union time granted under ordered to lie on the table; as follows: chute; section 7131. (3) justification of why the Department of ‘‘(3) Notwithstanding paragraph (1), any At the appropriate place, insert the fol- lowing: the Navy is not conducting any testing until service described under paragraph (1) for first article testing; and which an employee is not allowed credit SEC. ll. VENUE FOR PROSECUTION OF MARI- TIME DRUG TRAFFICKING. (4) an assessment of the risks associated under this subsection shall be treated as with high glide canopies with a focus on how (a) IN GENERAL.—Section 70504(b) of title creditable service for purposes of calculating the Department of the Navy will mitigate the average pay of the employee under sec- 46, United States Code, is amended to read as follows: the risk for malfunctions experienced in tion 8331(4).’’. other high glide canopy programs. (2) FERS.—Section 8411 of title 5, United ‘‘(b) VENUE.—A person violating section States Code, is amended by— 70503 or 70508— (A) striking ‘‘(i)(1) Upon application’’ and ‘‘(1) shall be tried in the district in which SA 881. Mr. WICKER submitted an inserting ‘‘(j)(1) Upon application’’; and such offense was committed; or amendment intended to be proposed by ‘‘(2) if the offense was begun or committed (B) by adding at the end the following: him to the bill H.R. 2810, to authorize ‘‘(m)(1) An employee may not be allowed upon the high seas, or elsewhere outside the jurisdiction of any particular State or dis- appropriations for fiscal year 2018 for credit under this section for service per- military activities of the Department formed during any year during which the trict, may be tried in any district.’’. service of the employee is spent principally (b) CONFORMING AMENDMENT.—Section of Defense, for military construction, on Federal taxpayer-funded union time, as 1009(d) of the Controlled Substances Import and for defense activities of the De- described under paragraph (2). and Export Act (21 U.S.C. 959(d)) is amend- partment of Energy, to prescribe mili- ‘‘(2) For purposes of this subsection, the ed— tary personnel strengths for such fiscal service of an employee during a year is spent (1) in the subsection title, by striking ‘‘; year, and for other purposes; which was VENUE’’; and principally on Federal taxpayer-funded ordered to lie on the table; as follows: union time if at least 80 percent of the hours (2) by striking ‘‘Any person who violates such employee would otherwise be in a duty this section shall be tried in the United At the end of subtitle B of title 16, add the status during such year are spent on Federal States district court at the point of entry following: taxpayer-funded union time granted under where such person enters the United States, or in the United States District Court for the SEC. 1612. REPORT ON ACQUISITION STRATEGY section 7131. TO RECAPITALIZE THE EXISTING District of Columbia.’’. ‘‘(3) Notwithstanding paragraph (1), any SYSTEM FOR UNDERSEA FIXED SUR- service described under paragraph (1) for VEILLANCE. SA 880. Mr. TILLIS (for himself and which an employee is not allowed credit (a) IN GENERAL.—Not later than 60 days Mr. NELSON) submitted an amendment under this subsection shall be considered after the date of the enactment of this Act, service for purposes of calculating the aver- intended to be proposed by him to the the Secretary of the Navy shall submit to age pay of the employee under section bill H.R. 2810, to authorize appropria- the congressional defense committees a re- 8401(3).’’. tions for fiscal year 2018 for military port on the acquisition strategy to recapi- (3) APPLICABILITY.—The amendments made activities of the Department of De- talize the existing system for undersea fixed by this subsection shall apply to any applica- fense, for military construction, and surveillance. ble annuity calculated on or after January 1, for defense activities of the Depart- 2019. (b) ELEMENTS.—The report required by sub- ment of Energy, to prescribe military section (a) shall address the following mat- (d) LIMITATION ON CERTAIN BONUSES.— ters: (1) RECRUITMENT AND RELOCATION BO- personnel strengths for such fiscal (1) A description of undersea fixed surveil- NUSES.— year, and for other purposes; which was lance system recapitalization requirements, (A) IN GENERAL.—Section 5753 of title 5, ordered to lie on the table; as follows: including key performance parameters and United States Code, is amended— At the end of subtitle C of title I, add the key system attributes as applicable. (i) in subsection (g) by inserting ‘‘or the following: (2) Cost estimates for procuring a future bonus is subject to retraction under sub- SEC. lll. LIMITATION ON AVAILABILITY OF system or systems section (h)’’ before the period at the end; and FUNDS FOR THE ENHANCED MULTI (3) Projected dates for key milestones (ii) by adding at the end the following: MISSION PARACHUTE SYSTEM. within the acquisition strategy ‘‘(h) A bonus awarded under this section (a) LIMITATION.—None of the funds author- (4) A description of how the acquisition shall be retracted and subject to repayment ized to be appropriated by this Act or other- strategy will improve performance in the under subsection (g) in any case in which an wise made available for the Department of areas of detection and localization compared employee has spent at least 80 percent of the Defense for fiscal year 2018 for the Enhanced to the legacy system to enable effective per- hours such employee would otherwise be in a Multi Mission Parachute System may be formance against current, emerging, and fu- duty status on Federal taxpayer-funded used to enter into or prepare to enter into a ture threats over the life of the systems. union time granted under section 7131 during contract for the procurement of the En- (5) A description of how the acquisition the period ending on the date that is 6 hanced Multi Mission Parachute System un- strategy will encourage competition and re- months after the appointment or relocation less the Secretary of the Navy submits to ward innovation for addressing system per- of such employee, as applicable.’’. the congressional defense committees the formance requirements. (B) APPLICABILITY.—The amendment made certification described in subsection (b) and by subparagraph (A) shall apply with respect the report described in subsection (c). to any applicable bonus awarded on or after (b) CERTIFICATION.—The certification re- SA 882. Mr. YOUNG submitted an January 1, 2018. ferred to in subsection (a) is a certification amendment intended to be proposed by (2) RETENTION BONUSES.—Section 5754(d) of by the Secretary of the Navy that— him to the bill H.R. 2810, to authorize title 5, United States Code, is amended by (1) neither the Marine Corps’ currently adding at the end the following: fielded multi mission parachute system nor appropriations for fiscal year 2018 for ‘‘(5)(A) A retention bonus may not be paid the Army’s RA–1 parachute system meet the military activities of the Department to an employee who, for a period of 6 con- Marine Corps requirements; of Defense, for military construction, secutive months of service associated with (2) that the Marine Corps’ PARIS, Special and for defense activities of the De- the bonus, has spent at least 80 percent of Application Parachute does not meet the partment of Energy, to prescribe mili- the hours such employee would otherwise be Marine Corps requirement; tary personnel strengths for such fiscal in a duty status on Federal taxpayer-funded (3) the testing plan for the enhanced multi year, and for other purposes; which was union time granted under section 7131. mission parachute system meets all regu- ordered to lie on the table; as follows: ‘‘(B) Subparagraph (A) shall apply with re- latory requirements; and spect to any 6 consecutive months of service (4) the Department of the Navy has deter- At the end of subtitle B of title XVI, add beginning on or after January 1, 2018.’’. mined that a high glide canopy is as safe and the following:

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.051 S11SEPT1 S5136 CONGRESSIONAL RECORD — SENATE September 11, 2017 SEC. 1612. COMPREHENSIVE REVIEW OF MARI- SEC. ll. PERMANENT RESIDENT STATUS FOR businesses, particularly products of veteran- TIME INTELLIGENCE, SURVEIL- LUIS BARRIOS. owned small businesses, in military ex- LANCE, RECONNAISSANCE, AND TAR- (a) IN GENERAL.—Notwithstanding sub- change stores. GETING. sections (a) and (b) of section 201 of the Im- (a) REPORT REQUIRED.—Not later than May migration and Nationality Act (8 U.S.C. SA 885. Ms. CANTWELL submitted 1, 2018, the Secretary of the Navy shall sub- 1151), Luis Barrios shall be eligible for an amendment intended to be proposed mit to the congressional defense committees issuance of an immigrant visa or for adjust- a report on maritime intelligence, surveil- by her to the bill H.R. 2810, to author- ment of status to that of an alien lawfully ize appropriations for fiscal year 2018 lance, reconnaissance, and targeting. admitted for permanent residence upon fil- (b) COMPREHENSIVE REVIEW.—The report re- ing an application for issuance of an immi- for military activities of the Depart- quired in subsection (a) shall include a com- ment of Defense, for military construc- prehensive review of the following elements grant visa under section 204 of such Act (8 U.S.C. 1154) or for adjustment of status to tion, and for defense activities of the for the 2025 and 2035 timeframes: Department of Energy, to prescribe (1) A description of the projected steady- lawful permanent resident. state demands for maritime intelligence, (b) ADJUSTMENT OF STATUS.—If Luis military personnel strengths for such surveillance, reconnaissance, and targeting Barrios enters the United States before the fiscal year, and for other purposes; capabilities and capacity in each timeframe, filing deadline specified in subsection (c), which was ordered to lie on the table; including protracted gray-zone or low-inten- Luis Barrios shall be considered to have en- as follows: sity confrontations between the United tered and remained lawfully in the United States and shall be eligible for adjustment of At the appropriate place, insert the fol- States or its allies and potential adversaries lowing: such as Russia and China. status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) as of the SEC. ll. SAFING UNITED STATES INTERCONTI- (2) A description of potential warfighting NENTAL BALLISTIC MISSILE FLEET. planning scenarios in which maritime intel- date of the enactment of this Act. (c) APPLICATION AND PAYMENT OF FEES.— The Secretary of Defense shall take United ligence, surveillance, reconnaissance, and Subsections (a) and (b) shall apply only if the States ground-based intercontinental bal- targeting will be required in each prescribed application for the issuance of an immigrant listic missiles off high alert to eliminate the timeframe, including the most stressing such visa or the application for adjustment of sta- risk of an accidental or unauthorized launch, scenario. tus is filed with appropriate fees not later and to prevent an intentional launch, in re- (3) A description of the undersea, surface, than 2 years after the date of the enactment sponse to an event mistakenly interpreted as and air threats for each scenario described in of this Act. an incoming attack, by turning a key in a paragraph (1) that will require maritime in- (d) REDUCTION OF IMMIGRANT VISA NUM- control switch to isolate the missiles from telligence, surveillance, reconnaissance, and BERS.—Upon the granting of an immigrant outside launch signals (commonly referred targeting to be conducted in order to achieve visa or permanent residence to Luis Barrios, to as ‘‘safing’’). warfighting objectives. the Secretary of State shall instruct the (4) An assessment of the sufficiency of proper officer to reduce by 1, during the cur- SA 886. Ms. CANTWELL submitted maritime intelligence, surveillance, recon- rent or next following fiscal year— an amendment intended to be proposed naissance, and targeting program capability (1) the total number of immigrant visas by her to the bill H.R. 2810, to author- and capacity to achieve the warfighting ob- that are made available to natives of the ize appropriations for fiscal year 2018 jectives described in paragraph (3) in the country of birth of Luis Barrios under sec- most stressing scenario described in para- for military activities of the Depart- tion 203(a) of the Immigration and Nation- graph (2), including the effects of attrition. ment of Defense, for military construc- ality Act (8 U.S.C. 1153(a)); or (5) Planned operational concepts, including tion, and for defense activities of the (2) if applicable, the total number of immi- a High Level Operational Concept Graphic Department of Energy, to prescribe grant visas that are made available to na- (OV–1) for each such concept, for conducting tives of the country of birth of Luis Barrios military personnel strengths for such maritime intelligence, surveillance, recon- under section 202(e) of such Act (8 U.S.C. fiscal year, and for other purposes; naissance, and targeting during steady state 1152(e)). which was ordered to lie on the table; operations and warfighting scenarios de- (e) PAYGO.—The budgetary effects of this as follows: scribed in paragraphs (1) and (2). Consider- Act, for the purpose of complying with the ation of distributed combat operations in a At the end of subtitle D of title XVI, add Statutory Pay-As-You-Go Act of 2010, shall satellite denied environment shall be in- the following: be determined by reference to the latest cluded. SEC. 1641. PROHIBITION ON USE OF FUNDS FOR statement titled ‘‘Budgetary Effects of (6) Specific capability gaps or risk areas in RESEARCH OR TESTING OF LOW- PAYGO Legislation’’ for this Act, submitted the ability or sufficiency of maritime intel- YIELD NUCLEAR WEAPONS. for printing in the Congressional Record by ligence, surveillance, reconnaissance, and None of the funds authorized to be appro- the Chairman of the Senate Budget Com- targeting. priated or otherwise made available by this mittee, provided that such statement has (7) Potential solutions to address the capa- Act may be obligated or expended for re- been submitted prior to the vote on passage. bility gaps and risk areas identified in para- search or testing of new nuclear weapons graph (6), including new capabilities, in- with explosive capabilities below 10 kilotons creased capacity, or new operating concepts SA 884. Mrs. SHAHEEN submitted an or for research or testing of existing nuclear that could be employed by the Navy. amendment intended to be proposed by weapons to be modified to explode below 10 (8) A description of the funding amount by her to the bill H.R. 2810, to authorize kilotons. fiscal year, initial operational capability, appropriations for fiscal year 2018 for SA 887. Ms. CANTWELL (for herself and full operational capability for each mar- military activities of the Department and Ms. WARREN) submitted an amend- itime intelligence, surveillance, reconnais- of Defense, for military construction, ment intended to be proposed by her to sance, and targeting program identified in and for defense activities of the De- the bill H.R. 2810, to authorize appro- paragraph (4), based on the President’s fiscal partment of Energy, to prescribe mili- year 2019 future years defense program. Un- priations for fiscal year 2018 for mili- tary personnel strengths for such fiscal funded or partially funded programs shall tary activities of the Department of year, and for other purposes; which was also be included. Defense, for military construction, and ordered to lie on the table; as follows: (c) FORM.—The report required by sub- for defense activities of the Depart- section (a) shall be submitted in unclassified At the end of subtitle D of title VI, add the ment of Energy, to prescribe military form, but may contain a classified annex as following: personnel strengths for such fiscal necessary. SEC. lll. SENSE OF SENATE ON THE USE BY EXCHANGE STORES OF SMALL BUSI- year, and for other purposes; which was SA 883. Mr. BLUMENTHAL sub- NESSES AS SUPPLIERS. ordered to lie on the table; as follows: mitted an amendment intended to be (a) FINDINGS.—The Senate makes the fol- At the appropriate place, insert the fol- proposed by him to the bill H.R. 2810, lowing findings: lowing: to authorize appropriations for fiscal (1) Exchange stores, as non-appropriated SEC. ll. PROHIBITION ON USE OF FUNDS IN year 2018 for military activities of the fund instrumentalities of the Department of VIOLATION OF INTERNATIONAL OB- Department of Defense, for military Defense, are not required to give any pref- LIGATIONS. construction, and for defense activities erence to particular vendors or suppliers. None of the funds authorized to be appro- of the Department of Energy, to pre- (2) Even so, exchange stores are uniquely priated or otherwise made available by this Act may be obligated or expended to conduct scribe military personnel strengths for positioned to feature products from small businesses, especially veteran-owned small any activity in violation of the obligations such fiscal year, and for other pur- businesses. of the United States under an international poses; which was ordered to lie on the (b) SENSE OF SENATE.—It is the sense of the agreement. table; as follows: Senate to urge the Department to work with At the appropriate place, insert the fol- the military exchange services to develop SA 888. Ms. CANTWELL (for herself lowing: strategies for featuring products of small and Mrs. MURRAY) submitted an

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.061 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5137 amendment intended to be proposed by partment of Defense Directive 4400.1E, enti- mittee on Appropriations of the House of her to the bill H.R. 2810, to authorize tled ‘‘Defense Production Act Programs’’ and Representatives. appropriations for fiscal year 2018 for dated October 12, 2001, of the Secretary of SA 892. Mr. HOEVEN submitted an military activities of the Department the Air Force as the Department of Defense Executive Agent for the program carried out amendment intended to be proposed by of Defense, for military construction, under title III of the Defense Production Act him to the bill H.R. 2810, to authorize and for defense activities of the De- of 1950 (50 U.S.C. 4531 et seq.) until the date appropriations for fiscal year 2018 for partment of Energy, to prescribe mili- specified in subsection (c). military activities of the Department tary personnel strengths for such fiscal (b) DESIGNATION.—The Secretary of the Air Force shall continue to serve as the Depart- of Defense, for military construction, year, and for other purposes; which was and for defense activities of the De- ordered to lie on the table; as follows: ment of Defense Executive Agent for the pro- gram described in subsection (a) until the partment of Energy, to prescribe mili- At the appropriate place, insert the fol- date specified in subsection (c). tary personnel strengths for such fiscal lowing: (c) DATE SPECIFIED.—The date specified in year, and for other purposes; which was SEC. ll. EXTENDING THE AUTHORIZATIONS OF this subsection is the earlier of— ordered to lie on the table; as follows: THE EEOICPA OMBUDSMAN AND (1) the date that is two years after the date THE ADVISORY BOARD ON TOXIC At the end of subtitle E of title V, add the of the enactment of this Act; or following: SUBSTANCES AND WORKER HEALTH. (2) the date of the enactment of a joint res- (a) EXTENDING THE AUTHORIZATION OF THE SEC. lll. CIVILIAN TRAINING FOR NATIONAL olution or an Act approving the implementa- GUARD PILOTS AND SENSOR OPER- EEOICPA OMBUDSMAN.—Section 3686(h) of tion of the decision described in subsection ATOR AIRCREWS OF MQ–9 UN- the Energy Employees Occupational Illness (a). MANNED AERIAL VEHICLES. Compensation Program Act of 2000 (42 U.S.C. (a) CONTRACTS FOR TRAINING.—Subject to 7385s–15(h)) is amended by striking ‘‘October SA 891. Mr. LEAHY submitted an subsection (c), the Chief of the National 28, 2019’’ and inserting ‘‘October 28, 2024’’. amendment intended to be proposed by Guard Bureau may enter into one or more (b) EXTENDING THE AUTHORIZATION OF THE him to the bill H.R. 2810, to authorize contracts with appropriate civilian entities ADVISORY BOARD ON TOXIC SUBSTANCES AND appropriations for fiscal year 2018 for in order to provide flying or operating train- WORKER HEALTH.—Section 3687(i) of the En- ing for National Guard pilots and sensor op- ergy Employees Occupational Illness Com- military activities of the Department of Defense, for military construction, erator aircrew members in the MQ–9 un- pensation Program Act of 2000 (42 U.S.C. manned aerial vehicle if the Chief of the Na- 7385s–16(i)) is amended by striking ‘‘5 years’’ and for defense activities of the De- tional Guard Bureau determines that— and inserting ‘‘10 years’’. partment of Energy, to prescribe mili- (1) Air Force training units lack sufficient tary personnel strengths for such fiscal capacity to train such pilots or sensor oper- SA 889. Ms. CANTWELL submitted year, and for other purposes; which was ator aircrew members for initial qualifica- an amendment intended to be proposed ordered to lie on the table; as follows: tion in the MQ–9 unmanned aerial vehicle; by her to the bill H.R. 2810, to author- At the end of subtitle A of title XII, add (2) pilots or sensor operator aircrew mem- ize appropriations for fiscal year 2018 the following: bers of Air National Guard units require con- for military activities of the Depart- SEC. lll. PLAN ON IMPROVEMENT OF ABILITY tinuation training in order to remain cur- ment of Defense, for military construc- OF FOREIGN GOVERNMENTS PAR- rent and qualified in the MQ-9 unmanned tion, and for defense activities of the TICIPATING IN UNITED STATES IN- aerial vehicle; STITUTIONAL CAPACITY BUILDING (3) non-combat continuation training in Department of Energy, to prescribe PROGRAMS TO PROTECT CIVILIANS. the MQ–9 unmanned aerial vehicle is nec- military personnel strengths for such (a) REPORT ON PLAN.—Not later than 90 essary for such pilots or sensor operator air- fiscal year, and for other purposes; days after the date of the enactment of this crew members to achieve required levels of which was ordered to lie on the table; Act, the Secretary of Defense and the Sec- flying or operating proficiency; or as follows: retary of State shall jointly submit to the (4) such training for such pilots or sensor appropriate committees of Congress a report At the appropriate place, insert the fol- operator aircrew members is necessary in setting forth a plan, to be implemented as lowing: order to meet requirements for the National part of each institutional capacity building Guard to provide pilots and sensor operator ll SEC. . ESTIMATE OF COSTS OF MAINTAINING program required by section 333(c)(4) of title aircrew members qualified in the MQ–9 un- AND MODERNIZING NUCLEAR WEAP- 10, United States Code, to improve the abil- ONS STOCKPILE. manned aerial vehicle for operations on ac- ity of foreign governments to protect civil- (a) IN GENERAL.—Not later than one year tive duty and in State status. ians. (b) NATURE OF TRAINING UNDER CON- after the date of the enactment of this Act, (b) ELEMENTS.—The plan required by sub- TRACTS.—Any training provided pursuant to the Secretary of Defense shall submit to section (a) shall include the following: a contract under subsection (a) shall incor- Congress a report containing an estimate of (1) Efforts to develop and integrate civilian porate a level of instruction that is equiva- the costs, over the 30-year period beginning harm mitigation principles and techniques lent to the instruction in the MQ–9 un- on such date of enactment, of maintaining in all relevant partner force standard oper- manned aerial vehicle provided to pilots and and modernizing the nuclear weapons stock- ating procedures. sensor operator aircrew members at Air pile. (2) Efforts to build partner capacity to col- Force training units. (b) FORM.—The report required by sub- lect, track, and analyze civilian casualty (c) AUTHORITY CONTINGENT ON CERTIFI- section (a) shall be submitted in unclassified data and apply lessons learned to future op- CATION.—The Chief of the National Guard form but may include a classified annex. erations, and to provide amends to civilians Bureau may not use the authority in sub- harmed by partner force operations. section (a) unless and until the Secretary of SA 890. Mr. BROWN (for himself, Mr. (3) Efforts to support enhanced investiga- the Air Force certifies to the congressional PORTMAN, and Mr. CRAPO) submitted an tory and accountability standards in partner defense committees in writing that the use amendment intended to be proposed by forces to ensure compliance with the laws of of the authority is necessary to provide re- him to the bill H.R. 2810, to authorize armed conflict and appropriate human rights quired flying or operating training for Na- appropriations for fiscal year 2018 for and civilian protection standards. tional Guard pilots and sensor operator air- military activities of the Department (4) Support for increased partner trans- crew members in the MQ–9 unmanned aerial vehicle. of Defense, for military construction, parency, which should include the establish- and for defense activities of the De- ment of civil affairs capabilities within part- ner militaries to improve communication SA 893. Mr. MANCHIN submitted an partment of Energy, to prescribe mili- with the public. amendment intended to be proposed by tary personnel strengths for such fiscal (5) An estimate of the resources required to him to the bill H.R. 2810, to authorize year, and for other purposes; which was implement the efforts and support described appropriations for fiscal year 2018 for ordered to lie on the table; as follows: in paragraphs (1) through (4). military activities of the Department At the appropriate place, insert the fol- (6) A description of the appropriate roles of of Defense, for military construction, lowing: the Department of Defense and the Depart- and for defense activities of the De- ment of State in such efforts and support. SEC. ll. LIMITATION ON CANCELLATION OF partment of Energy, to prescribe mili- (c) APPROPRIATE COMMITTEES OF CONGRESS DESIGNATION OF SECRETARY OF tary personnel strengths for such fiscal THE AIR FORCE AS DEPARTMENT OF DEFINED.—In this section, the term ‘‘appro- DEFENSE EXECUTIVE AGENT FOR A priate committees of Congress’’ means— year, and for other purposes; which was CERTAIN DEFENSE PRODUCTION (1) the Committee on Armed Services, the ordered to lie on the table; as follows: ACT PROGRAM. Committee on Foreign Relations, and the On page 497, beginning on line 1, strike (a) LIMITATION ON CANCELLATION OF DES- Committee on Appropriations of the Senate; ‘‘ ‘12.6 percent’ ’’ and insert ‘‘ ‘4.8 percent’ ’’. IGNATION.—The Secretary of Defense may not and implement the decision, issued on July 1, (2) the Committee on Armed Services, the SA 894. Mr. MANCHIN submitted an 2017, to cancel the designation, under De- Committee on Foreign Affairs, and the Com- amendment intended to be proposed by

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.052 S11SEPT1 S5138 CONGRESSIONAL RECORD — SENATE September 11, 2017 him to the bill H.R. 2810, to authorize OF FINANCIAL STATEMENTS FOR FISCAL YEARS (in this section, the ‘‘certification submittal appropriations for fiscal year 2018 for AFTER FISCAL YEAR 2018.— deadline’’), the Secretary of Defense shall, in military activities of the Department (1) PERMANENT CESSATION OF AUTHORITIES consultation with the Secretary of State, submit to the appropriate committees of of Defense, for military construction, REPROGRAMMING OF FUNDS.—If a military de- partment fails to obtain an audit with an un- Congress a certification whether or not the and for defense activities of the De- qualified opinion on its financial statements Government of Saudi Arabia is taking de- partment of Energy, to prescribe mili- for fiscal year 2018 by March 31, 2019, effec- monstrable actions to do the following as tary personnel strengths for such fiscal tive as of April 1, 2019, the authorities in sub- part of its military operations in Yemen: year, and for other purposes; which was section (a)(2) shall cease to be available to (1) Reduce the risk of harm to civilians and ordered to lie on the table; as follows: the military department for fiscal year 2018 civilian objects in compliance with obliga- and any fiscal year thereafter. tions under international humanitarian law, At the end of subtitle A of title X, add the including minimizing harm to civilians, dis- following: (2) ANNUAL PROHIBITION ON EXPENDITURE OF FUNDS FOR CERTAIN MDAPS PAST MILESTONE B criminating between civilian objects and SEC. ll. ACHIEVEMENT BY DEPARTMENT OF IN CONNECTION WITH FAILURE.— military objectives, and exercising propor- DEFENSE AND MILITARY DEPART- (A) PROHIBITION.—Effective for fiscal years tional use of force. MENTS OF UNQUALIFIED OPINIONS (2) Facilitate the flow of critical humani- OF STATEMENT OF BUDGETARY RE- after fiscal year 2018, if a military depart- SOURCES. ment fails to obtain an audit with an un- tarian aid and commercial goods, including commercial fuel and commodities not sub- (a) ENHANCED REPROGRAMMING AUTHORITY qualified opinion on its financial statements ject to sanction or prohibition under United FOLLOWING ACHIEVEMENT BY DEPARTMENT OF for any fiscal year, effective as of the date of Nations Security Council Resolution 2216 DEFENSE AND MILITARY DEPARTMENTS OF the issuance of the opinion on such audit, (2015). AUDIT WITH UNQUALIFIED OPINION OF STATE- amounts available to the military depart- (3) Target designated foreign terrorist or- MENT OF BUDGETARY RESOURCES FOR FISCAL ment for the following fiscal year may not be ganizations, including al Qaeda in the Ara- YEARS AFTER FISCAL YEAR 2017.— obligated by the military department for a bian Peninsula and affiliates of the Islamic (1) DEPARTMENT OF DEFENSE GENERALLY.— weapon or weapon system or platform being State of Iraq and the Levant. Subject to subsection (b)(1), if the Depart- acquired as a major defense acquisition pro- gram for any activity beyond Milestone B (b) ADDITIONAL MATTERS.—The Secretary ment of Defense obtains an audit with an un- of Defense shall include with the certifi- approval unless such program has already qualified opinion on its statement of budg- cation under subsection (a) the following: achieved Milestone B approval of the date of etary resources for any fiscal year after fis- (1) A description of efforts by the Govern- the issuance of the opinion on such audit. cal year 2017, the limitation on the total ment of Saudi Arabia to avoid harm to civil- (B) DEFINITIONS.—In this paragraph: amount of authorizations that the Secretary ians and civilian objects in Yemen, including (i) The term ‘‘major defense acquisition of Defense may transfer pursuant to general any changes to the training of its pilots, its program’’ has the meaning given that term transfer authority available to the Secretary targeting methodology, and its strike ap- in section 2430 of title 10, United States in the national interest in the succeeding fis- proval process. Code. cal year shall be $8,000,000,000. (2) An explanation of United States sup- (ii) The term ‘‘Milestone B approval’’ has (2) MILITARY DEPARTMENTS, DEFENSE AGEN- port or other assistance to the Government the meaning given that term in section CIES, AND DEFENSE FIELD ACTIVITIES.—Subject of Saudi Arabia designed to improve the 2366(e)(7) of title 10, United States Code. to section (c)(1), if a military department, training of its pilots, its targeting method- Defense Agency, or defense field activity ob- SA 895. Mr. HEINRICH submitted an ology, and its strike approval process. tains an audit with an unqualified opinion on (3) A description of efforts by the Govern- its statement of budgetary resources for any amendment intended to be proposed by him to the bill H.R. 2810, to authorize ment of Saudi Arabia to investigate inci- fiscal year after fiscal year 2017, the thresh- dents where civilians and civilian objects olds for reprogramming of funds of such appropriations for fiscal year 2018 for have been harmed as a result of airstrikes military department, Defense Agency, or de- military activities of the Department and, when necessary, efforts to hold respon- fense field activity, as the case may be, with- of Defense, for military construction, sible personnel accountable. out prior notice to Congress for the suc- and for defense activities of the De- (4) Any other matters in connection with ceeding fiscal year shall be deemed to be the partment of Energy, to prescribe mili- the certification that the Secretary con- thresholds as follows: tary personnel strengths for such fiscal siders appropriate. (A) In the case of an increase or decrease year, and for other purposes; which was (c) LIMITATION ON USE OF FUNDS.— to the program base amount for a procure- ordered to lie on the table; as follows: (1) IN GENERAL.—If the Secretary of De- ment program, $60,000,000. fense does not submit the certification de- (B) In the case of an increase or decrease to At the end of subtitle A of title XVI, insert scribed in subsection (a) by the certification the following: the program base amount for a research pro- submittal deadline, or the Secretary cer- gram, $30,000,000. SEC. 1607. AVAILABILITY OF FUNDS FOR DEVEL- tifies that the Government of Saudi Arabia OPMENT OF ROBOTIC RAPID PROTO- (C) In the case of an increase or decrease to is not taking demonstrable actions as de- the amount for a budget activity for oper- TYPING SATELLITE MANUFAC- TURING CAPABILITY. scribed in that subsection, none of the funds ation and maintenance, $45,000,000. Of the amount authorized to be appro- authorized to be appropriated by this Act (D) In the case of an increase or decrease priated for fiscal year 2018 by section 201 for may be obligated or expended after the cer- to the amount for a budget activity for mili- research, development, test, and evaluation, tification submittal deadline for the refuel- tary personnel, $30,000,000. Air Force, and made available as specified in ing of aircraft of Saudi Arabia or its military (3) RULE OF CONSTRUCTION.—Nothing in this the funding table in section 4201 for the coalition partners in Yemen for any mission subsection shall be construed to alter or re- Operationally Responsive Space program to be conducted in Yemen until the certifi- vise any requirement (other than a threshold (PE# 1206857F), not less than $1,000,000 shall cation described in subsection (a) is sub- amount) for notice to Congress on transfers be available to the Office of the Operation- mitted to the appropriate committees of covered by paragraph (1) or reprogrammings ally Responsive Space program for the pur- Congress or the Secretary further certifies to covered by paragraph (2) under any other poses of development of a robotic rapid the appropriate committees of Congress that provision of law. prototyping satellite manufacturing capa- the Government of Saudi Arabia is taking (4) DEFINITIONS.—In this subsection, the bility. demonstrable actions as described in that terms ‘‘program base amount’’, ‘‘procure- subsection, as applicable. ment program’’, ‘‘research program’’, and SA 896. Mr. MURPHY submitted an (2) EXCEPTION.—The limitation in para- ‘‘budget activity’’ have the meanings given amendment intended to be proposed by graph (1) shall not apply with respect to re- such terms in chapter 6 of volume 3 of the him to the bill H.R. 2810, to authorize fueling aircraft of Saudi Arabia or its mili- Financial Management Regulation of the De- appropriations for fiscal year 2018 for tary coalition partners in Yemen that are partment of Defense (DoD 7000.14R), dated military activities of the Department conducting counterterrorism operations in March 2011, or any successor document. of Defense, for military construction, support of United States national security (b) FAILURE OF DEPARTMENT OF DEFENSE TO and for defense activities of the De- objectives. OBTAIN AUDITS WITH UNQUALIFIED OPINION OF (3) WAIVER.—The Secretary of Defense may FISCAL YEAR 2018 FINANCIAL STATEMENTS.—If partment of Energy, to prescribe mili- waive the limitation in paragraph (1) if the the Department of Defense fails to obtain an tary personnel strengths for such fiscal Secretary determines that the waiver is in audit with an unqualified opinion on its gen- year, and for other purposes; which was the national security interests of the United eral fund statement of budgetary resources ordered to lie on the table; as follows: States. The Secretary shall submit to the ap- for fiscal year 2018 by March 31, 2019, effec- At the end of subtitle G of title X, add the propriate committees of Congress a written tive as of April 1, 2019, the authority in sub- following: notification of the waiver, including the jus- section (a)(1) shall cease to be available to SEC. lll. CONDITIONS FOR REFUELING SUP- tification for the waiver, not later than 48 the Department of Defense for fiscal year PORT OF THE SAUDI-LED COALITION hours after the issuance of the waiver. 2018 and any fiscal year thereafter. IN YEMEN. (d) APPROPRIATE COMMITTEES OF CONGRESS (c) FAILURE OF THE MILITARY DEPARTMENTS (a) IN GENERAL.—Not later than 90 days DEFINED.—In this section, the term ‘‘appro- TO OBTAIN AUDITS WITH UNQUALIFIED OPINION after the date of the enactment of this Act priate committees of Congress’’ means—

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.053 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5139 (1) the Committee on Armed Services, the (iv) in subparagraph (E), by striking ‘‘funds means funds provided under any of the fol- Committee on Foreign Relations, and the received under this title’’ and inserting lowing provisions of law: Committee on Appropriations of the Senate; ‘‘Federal educational assistance’’; and ‘‘(i) This title. and (v) in subparagraph (F)— ‘‘(ii) Chapter 30, 31, 32, 33, 34, or 35 of title (2) the Committee on Armed Services, the (I) in clause (iii), by striking ‘‘under this 38, United States Code. Committee on Foreign Affairs, and the Com- title’’ and inserting ‘‘of Federal educational ‘‘(iii) Chapter 101, 105, 106A, 1606, 1607, or mittee on Appropriations of the House of assistance’’; and 1608 of title 10, United States Code. Representatives. (II) in clause (iv), by striking ‘‘under this ‘‘(iv) Section 1784a of title 10, United title’’ and inserting ‘‘of Federal educational States Code.’’. SA 897. Mr. COTTON submitted an assistance’’; (b) DEPARTMENT OF DEFENSE AND DEPART- amendment intended to be proposed by (C) in paragraph (2)— MENT OF VETERANS AFFAIRS ACTIONS ON IN- him to the bill H.R. 2810, to authorize (i) by striking subparagraph (A) and insert- ELIGIBILITY OF CERTAIN PROPRIETARY INSTI- appropriations for fiscal year 2018 for ing the following: TUTIONS OF HIGHER EDUCATION FOR PARTICI- military activities of the Department ‘‘(A) INELIGIBILITY.— PATION IN PROGRAMS OF EDUCATIONAL ASSIST- of Defense, for military construction, ‘‘(i) IN GENERAL.—Notwithstanding any ANCE.— other provision of law, a proprietary institu- (1) DEPARTMENT OF DEFENSE.— and for defense activities of the De- tion of higher education receiving funds pro- partment of Energy, to prescribe mili- (A) IN GENERAL.—Chapter 101 of title 10, vided under this title that fails to meet a re- United States Code, is amended by inserting tary personnel strengths for such fiscal quirement of subsection (a)(24) for two con- after section 2008 the following new section: year, and for other purposes; which was secutive institutional fiscal years shall be ‘‘§ 2008a. Ineligibility of certain proprietary ordered to lie on the table; as follows: ineligible to participate in or receive funds institutions of higher education for partici- At the end of subtitle G of title X, add the under any program of Federal educational pation in Department of Defense programs following: assistance for a period of not less than two of educational assistance institutional fiscal years. SEC. lll. SENSE OF CONGRESS ON THE BUDG- ‘‘(a) IN GENERAL.—Upon receipt of a notice ‘‘(ii) REGAINING ELIGIBILITY.—To regain eli- ET CONTROL ACT OF 2011. from the Secretary of Education under It is the sense of Congress— gibility to participate in or receive funds clause (iii) of section 487(d)(2)(A) of the High- (1) that there are ongoing concerns about under any program of Federal educational er Education Act of 1965 (20 U.S.C. the negative impact of the Budget Control assistance after being ineligible pursuant to 1094(d)(2)(A)) that a proprietary institution Act of 2011 (Public Law 112–25) on the Depart- clause (i), a proprietary institution of higher of higher education is ineligible for partici- ment of Defense and other agencies that con- education shall demonstrate compliance pation in or receipt of funds under any pro- tribute to the national security of the with all eligibility and certification require- gram of Federal educational assistance by United States; and ments for the program for a minimum of two (2) to support the unconditional repeal of consecutive institutional fiscal years after reason of such section, the Secretary of De- that Act. the institutional fiscal year in which the in- fense shall ensure that no educational assist- stitution became ineligible. In order to re- ance under the provisions of law specified in SA 898. Mr. CARPER (for himself and gain eligibility to participate in any pro- subsection (b) is available or used for edu- Mr. DURBIN) submitted an amendment gram of Federal educational assistance cation at the institution for the period of in- intended to be proposed by him to the under this title, such compliance shall in- stitutional fiscal years covered by such no- clude meeting the requirements of section tice. bill H.R. 2810, to authorize appropria- ‘‘(b) COVERED ASSISTANCE.—The provisions tions for fiscal year 2018 for military 498 for such 2-year period. ‘‘(iii) NOTIFICATION OF INELIGIBILITY.—The of law specified in this subsection are the activities of the Department of De- Secretary of Education shall determine when provisions of law on educational assistance fense, for military construction, and a proprietary institution of higher education through the Department of Defense as fol- for defense activities of the Depart- that receives funds under this title is ineli- lows: ment of Energy, to prescribe military gible under clause (i) and shall notify all ‘‘(1) This chapter. personnel strengths for such fiscal other administering Secretaries of the deter- ‘‘(2) Chapters 105, 106A, 106A, 1606, 1607, and year, and for other purposes; which was mination. 1608 of this title. ordered to lie on the table; as follows: ‘‘(iv) ENFORCEMENT.—Each administering ‘‘(3) Section 1784a of this title. Secretary for a program of Federal edu- ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- At the appropriate place, insert the fol- retary of Defense shall take appropriate ac- lowing: cational assistance shall enforce the require- ments of this subparagraph for the program tions to notify persons receiving or eligible SEC. lll. MILITARY AND VETERANS EDU- concerned upon receiving notification under for educational assistance under the provi- CATION PROTECTION. sions of law specified in subsection (b) of the (a) PROGRAM PARTICIPATION AGREEMENTS clause (iii) of a proprietary institution of application of the limitations in section FOR PROPRIETARY INSTITUTIONS OF HIGHER higher education’s ineligibility.’’; and 487(d)(2) of the Higher Education Act of 1965 EDUCATION.—Section 487 of the Higher Edu- (ii) in subparagraph (B)— to particular proprietary institutions of cation Act of 1965 (20 U.S.C. 1094) is amend- (I) in the matter preceding clause (i)— higher education. ed— (aa) by striking ‘‘In addition’’ and all that ‘‘(2) The actions taken under this sub- (1) in subsection (a)(24)— follows through ‘‘education fails’’ and insert- section with respect to a proprietary institu- (A) by inserting ‘‘that receives funds pro- ing ‘‘Notwithstanding any other provision of tion shall include publication, on the Inter- vided under this title’’ before ‘‘, such institu- law, in addition to such other means of en- net website of the Department of Defense tion’’; and forcing the requirements of a program of that provides information to persons de- (B) by striking ‘‘other than funds provided Federal educational assistance as may be scribed in paragraph (1), of the following: under this title, as calculated in accordance available to the administering Secretary, if with subsection (d)(1)’’ and inserting ‘‘other a proprietary institution of higher education ‘‘(A) The name of the institution. than Federal educational assistance, as de- that receives funds provided under this title ‘‘(B) The extent to which the institution fined in subsection (d)(5) and calculated in fails’’; and failed to meet the requirements of section accordance with subsection (d)(1)’’; and (bb) by striking ‘‘the programs authorized 487(a)(24) of the Higher Education Act of 1965. (2) in subsection (d)— by this title’’ and inserting ‘‘all programs of ‘‘(C) The length of time the institution will (A) in the subsection heading, by striking Federal educational assistance’’; and be ineligible for participation in or receipt of ‘‘NON-TITLE IV’’ and inserting ‘‘NON-FEDERAL (II) in clause (i), by inserting ‘‘with respect funds under any program of Federal edu- EDUCATIONAL’’; to a program of Federal educational assist- cational assistance by reason of section (B) in paragraph (1)— ance under this title,’’ before ‘‘on the expira- 487(d)(2)(A) of that Act. (i) in the matter preceding subparagraph tion date’’; ‘‘(D) The nonavailability of educational as- (A), by inserting ‘‘that receives funds pro- (D) in paragraph (4)(A), by striking sistance through the Department for enroll- vided under this title’’ before ‘‘shall’’; ‘‘sources under this title’’ and inserting ment, attendance, or pursuit of a program of (ii) in subparagraph (B)— ‘‘Federal educational assistance’’; and education at the institution by reason of (I) in clause (i), by striking ‘‘assistance (E) by adding at the end the following: such ineligibility.’’. under this title’’ and inserting ‘‘Federal edu- ‘‘(5) DEFINITIONS.—In this subsection: (B) CLERICAL AMENDMENT.—The table of cational assistance’’; and ‘‘(A) ADMINISTERING SECRETARY.—The term sections at the beginning of chapter 101 of (II) in clause (ii)(I), by inserting ‘‘, or on a ‘administering Secretary’ means the Sec- such title is amended by inserting after the military base if the administering Secretary retary of Education, the Secretary of De- item relating to section 2008 the following for a program of Federal educational assist- fense, the Secretary of Veterans Affairs, the new item: ance under clause (ii), (iii), or (iv) of para- Secretary of Homeland Security, or the Sec- ‘‘2008a. Ineligibility of certain proprietary graph (5)(B) has authorized such location’’ retary of a military department responsible institutions of higher education before the semicolon; for administering the Federal educational for participation in Department (iii) in subparagraph (C), by striking ‘‘pro- assistance concerned. of Defense programs of edu- gram under this title’’ and inserting ‘‘pro- ‘‘(B) FEDERAL EDUCATIONAL ASSISTANCE.— cational assistance.’’. gram of Federal educational assistance’’; The term ‘Federal educational assistance’ (2) DEPARTMENT OF VETERANS AFFAIRS.—

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.054 S11SEPT1 S5140 CONGRESSIONAL RECORD — SENATE September 11, 2017

(A) IN GENERAL.—Subchapter II of chapter (b) AUTHORIZATION OF APPROPRIATIONS.— (11) the Permanent Select Committee on 36 of title 38, United States Code, is amended There is authorized to be appropriated to Intelligence of the House of Representatives. by inserting after section 3681 the following carry out the Beyond the Yellow Ribbon pro- (e) TRANSITION PERIOD.—The report sub- new section: gram $20,000,000 for fiscal year 2018 and each mitted under subsection (a) shall include a ‘‘§ 3681A. Ineligibility of certain proprietary fiscal year thereafter. transition adjustment period of not less than institutions of higher education for partici- 1 year after the date of enactment of this pation in Department of Veterans Affairs SA 900. Mr. CARDIN (for himself and Act, or 180 days after the date on which the programs of educational assistance Mr. PORTMAN) submitted an amend- report required in under this section is sub- mitted to Congress, whichever is later, dur- ‘‘(a) IN GENERAL.—Upon receipt of a notice ment intended to be proposed by him ing which none of the funds authorized to be from the Secretary of Education under to the bill H.R. 2810, to authorize ap- appropriated under this Act or any other Act clause (iii) of section 487(d)(2)(A) of the High- propriations for fiscal year 2018 for may be used to support the closure, transfer, er Education Act of 1965 (20 U.S.C. military activities of the Department or other diminishment of the NBACC or its 1094(d)(2)(A)) that a proprietary institution of Defense, for military construction, functions. of higher education is ineligible for partici- and for defense activities of the De- pation in or receipt of funds under any pro- partment of Energy, to prescribe mili- SA 901. Mr. CARDIN submitted an gram of Federal educational assistance by tary personnel strengths for such fiscal amendment intended to be proposed by reason of such section, the Secretary of Vet- erans Affairs shall ensure that no edu- year, and for other purposes; which was him to the bill H.R. 2810, to authorize cational assistance under the provisions of ordered to lie on the table; as follows: appropriations for fiscal year 2018 for law specified in subsection (b) is available or At the appropriate place, insert the fol- military activities of the Department used for education at the institution for the lowing: of Defense, for military construction, period of institutional fiscal years covered SEC. ll. REPORT ON THE NATIONAL BIO- and for defense activities of the De- by such notice. DEFENSE ANALYSIS AND COUNTER- partment of Energy, to prescribe mili- ‘‘(b) COVERED ASSISTANCE.—The provisions MEASURES CENTER (NBACC) AND LIMITATION ON USE OF FUNDS. tary personnel strengths for such fiscal of law specified in this subsection are the year, and for other purposes; which was provisions of law on educational assistance (a) REPORT.—Not later than December 31, through the Department under chapters 30, 2017, the Secretary of Homeland Security ordered to lie on the table; as follows: 31, 32, 33, 34, and 35 of this title. and the Secretary of Defense shall jointly At the end of subtitle D of title I, add the ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- submit to the appropriate Congressional following: retary of Veterans Affairs shall take appro- committees a report, prepared in consulta- SEC. lll. PLAN FOR MODERNIZATION OF THE priate actions to notify persons receiving or tion with the officials listed in subsection RADAR FOR F–16 FIGHTER AIR- eligible for educational assistance under the (b), on the National Biodefense Analysis and CRAFT OF THE NATIONAL GUARD. provisions of law specified in subsection (b) Countermeasures Center (referred to in this (a) MODERNIZATION PLAN REQUIRED.—The of the application of the limitations in sec- section as the ‘‘NBACC’’) containing the fol- Secretary of the Air Force shall develop a tion 487(d)(2) of the Higher Education Act of lowing information: plan to modernize the radars of F–16 fighter 1965 to particular proprietary institutions of (1) The functions of the NBACC. aircraft of the National Guard by replacing higher education. (2) The end users of the NBACC, including legacy mechanically-scanned radars for such ‘‘(2) The actions taken under this sub- end users whose assets may be managed by aircraft with AESA radars. section with respect to a proprietary institu- other agencies. (b) REPORT.—Not later 180 days after the tion shall include publication, on the Inter- (3) The cost and mission impact for each date of the enactment of this Act, the Sec- retary shall submit to the congressional de- net website of the Department that provides user identified under paragraph (2) of any po- fense committees the plan developed pursu- information to persons described in para- tential closure of the NBACC, including an ant to subsection (a). graph (1), of the following: analysis of the functions of the NBACC that ‘‘(A) The name of the institution. cannot be replicated by other departments and agencies of the Federal Government. SA 902. Mr. CORNYN submitted an ‘‘(B) The extent to which the institution amendment intended to be proposed by failed to meet the requirements of section (4) In the case of closure of the NBACC, a 487(a)(24) of the Higher Education Act of 1965. transition plan for any essential functions him to the bill H.R. 2810, to authorize ‘‘(C) The length of time the institution will currently performed by the NBACC to ensure appropriations for fiscal year 2018 for be ineligible for participation in or receipt of mission continuity, including the storage of military activities of the Department funds under any program of Federal edu- samples needed for ongoing criminal cases. of Defense, for military construction, cational assistance by reason of section (b) CONSULTATION.—The officials listed in and for defense activities of the De- 487(d)(2)(A) of that Act. this subsection are the following: (1) The Director of the Federal Bureau of partment of Energy, to prescribe mili- ‘‘(D) The nonavailability of educational as- tary personnel strengths for such fiscal sistance through the Department for enroll- Investigation. (2) The Attorney General. year, and for other purposes; which was ment, attendance, or pursuit of a program of ordered to lie on the table; as follows: education at the institution by reason of (3) The Director of National Intelligence. such ineligibility.’’. (4) As determined by the Secretary of In section 123(a), strike ‘‘procurement of Homeland Security, the leaders of other of- (B) CLERICAL AMENDMENT.—The table of V–22 aircraft’’ and all that follows through sections at the beginning of chapter 36 of fices that utilize the NBACC. ‘‘five years’’ and insert the following: ‘‘pro- (c) FORM.—The report submitted under such title is amended by inserting after the curement of V–22 aircraft and common con- subsection (a) shall be submitted in unclassi- item relating to section 3681 the following figuration-readiness and modernization up- fied form, but may contain a classified new item: grades for the V–22 aircraft. Notwithstanding annex. subsection (k) of such section 2306b, the Sec- ‘‘3681A. Ineligibility of certain proprietary (d) APPROPRIATE CONGRESSIONAL COMMIT- retary of Defense may enter into a multiyear institutions of higher education TEES DEFINED.—For purposes of this section, contract under this section for up to seven for participation in Department the term ‘‘appropriate Congressional Com- years’’. of Veterans Affairs programs of mittees’’ means— educational assistance.’’. (1) the Committee on Appropriations of the SA 903. Mr. LEAHY submitted an Senate; amendment intended to be proposed by SA 899. Mr. SANDERS submitted an (2) the Committee on Appropriations of the him to the bill H.R. 2810, to authorize amendment intended to be proposed by House of Representatives; appropriations for fiscal year 2018 for him to the bill H.R. 2810, to authorize (3) the Committee on Armed Services of military activities of the Department appropriations for fiscal year 2018 for the Senate; of Defense, for military construction, military activities of the Department (4) the Committee on Armed Services of and for defense activities of the De- of Defense, for military construction, the House of Representatives; partment of Energy, to prescribe mili- and for defense activities of the De- (5) the Committee on Homeland Security and Governmental Affairs of the Senate; tary personnel strengths for such fiscal partment of Energy, to prescribe mili- (6) the Committee on Homeland Security year, and for other purposes; which was tary personnel strengths for such fiscal of the House of Representatives; ordered to lie on the table; as follows: year, and for other purposes; which was (7) the Committee on Judiciary of the Sen- At the end of subtitle C of title VII, add ordered to lie on the table; as follows: ate; the following: At the end of subtitle H of title V, add the (8) the Committee on the Judiciary of the SEC. 737. FEASIBILITY STUDY ON CONDUCT OF following: House of Representatives; PILOT PROGRAM ON MENTAL SEC. 583. AUTHORIZATION OF THE BEYOND THE (9) the Committee on Oversight and Gov- HEALTH READINESS OF PART-TIME YELLOW RIBBON PROGRAM. ernment Reform of the House of Representa- MEMBERS OF THE RESERVE COMPO- (a) IN GENERAL.—The Secretary of Defense tives; NENTS OF THE ARMED FORCES. may carry out the Beyond the Yellow Ribbon (10) the Select Committee on Intelligence (a) IN GENERAL.—Not later than one year program. of the Senate; and after the date of the enactment of this Act,

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.054 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5141 the Secretary of Defense shall conduct a fea- ment relating to the delivery of safe and ap- of 2014 (Public Law 113–146; 38 U.S.C. 1701 sibility study and cost estimate for a pilot propriate health care; note); program that uses predictive analytics and (2) violated the requirements of a medical (3) purchased through the Medical Commu- screening to identify mental health risk and license of the health care provider; nity Care account of the Department; or provide early, targeted intervention for part- (3) had a Department credential revoked (4) purchased with amounts deposited in time members of the reserve components of and the grounds for such revocation impacts the Veterans Choice Fund under section 802 the Armed Forces to improve readiness and the ability of the health care provider to de- of the Veterans Access, Choice, and Account- mission success. liver safe and appropriate health care; or ability Act of 2014. (b) ELEMENTS.—The feasibility study con- (4) violated a law for which a term of im- ducted under subsection (a) shall include ele- prisonment of more than one year may be SA 905. Ms. HEITKAMP submitted an ments to assess the following with respect to imposed. amendment intended to be proposed by the pilot program studied under such sub- (b) PERMISSIVE ACTION.—On and after the her to the bill H.R. 2810, to authorize section: date that is one year after the date of the en- appropriations for fiscal year 2018 for actment of this Act, the Secretary may (1) The anticipated improvement in quality military activities of the Department of behavioral health services for part-time deny, revoke, or suspend the eligibility of a members of the reserve components of the health care provider to provide non-Depart- of Defense, for military construction, Armed Forces and the impact of such im- ment health care services if the Secretary and for defense activities of the De- provement in quality of behavioral health has reasonable belief that such action is nec- partment of Energy, to prescribe mili- services on their families and employers. essary to immediately protect the health, tary personnel strengths for such fiscal (2) The anticipated impact on the culture safety, or welfare of veterans and— year, and for other purposes; which was surrounding behavioral health treatment (1) the health care provider is under inves- ordered to lie on the table; as follows: and help-seeking behavior. tigation by the medical licensing board of a At the end of subtitle E of title X, add the (3) The feasibility of embedding mental State in which the health care provider is li- following: health professionals with units that— censed or practices; (A) perform core mission sets and capabili- (2) the health care provider has entered SEC. lll. SENSE OF CONGRESS ON USE OF into a settlement agreement for a discipli- TEST SITES FOR RESEARCH AND DE- ties; and VELOPMENT ON COUNTERING UN- (B) carry out high-risk and high-demand nary charge relating to the practice of medi- MANNED AIRCRAFT SYSTEMS. cine by the health care provider; or missions. It is the sense of Congress that— (3) the Secretary otherwise determines (4) The particular preventative mental (1) the armed unmanned aircraft systems that such action is appropriate under the cir- health needs of units at different states of deployed by adversaries for military pur- cumstances. their operational readiness cycle. poses pose a threat to military installations, (5) The need for additional personnel of the (c) SUSPENSION.—The Secretary shall sus- pend the eligibility of a health care provider critical infrastructure, and members of the Department of Defense to implement the Armed Forces in conflict areas like Iraq and pilot program. to provide non-Department health care serv- ices to veterans if the health care provider is Syria; (6) The cost of implementing the pilot pro- (2) the unmanned aircraft systems test gram throughout the reserve components of suspended from serving as a health care pro- vider of the Department. sites designated by the Federal Aviation Ad- the Armed Forces. ministration offer unique capabilities, exper- (7) The benefits of an integrated oper- (d) INITIAL REVIEW OF DEPARTMENT EM- PLOYMENT.—Not later than one year after tise, and airspace for research and develop- ational support team for the Air National the date of the enactment of this Act, with ment related to unmanned aircraft systems; Guard and Army National Guard units. respect to each health care provider pro- and (c) COMPARISON TO FULL-TIME MEMBERS OF viding non-Department health care services, (3) the Armed Forces should, as appro- RESERVE COMPONENTS.—As part of the feasi- the Secretary shall review the status of each priate and to the extent practicable, seek to bility study conducted under subsection (a), such health care provider as an employee of leverage the test sites described in paragraph the Secretary shall assess the mental health the Department and the history of employ- (2) for research and development on capabili- risk of part-time members of the reserve ment of each such health care provider with ties to counter the nefarious use of un- components of the Armed Forces as com- the Department to determine whether the manned aircraft systems. pared to full-time members of the reserve health care provider is described in any of components of the Armed Forces. subsections (a) through (c). SA 906. Mr. INHOFE (for himself, Mr. (d) USE OF EXISTING MODELS.—In con- (e) COMPTROLLER GENERAL REPORT.—Not CORNYN, Mr. ROUNDS, Mr. ISAKSON, Mr. ducting the feasibility study under sub- later than two years after the date of the en- section (a), the Secretary shall make use of CASSIDY, Mr. STRANGE, Mr. ROBERTS, actment of this Act, the Comptroller General existing models for preventative mental Mr. WICKER, and Mr. ALEXANDER) sub- of the United States shall submit to Con- health care, to the extent practicable, such mitted an amendment intended to be gress a report on the implementation by the as the approach developed by the United proposed by him to the bill H.R. 2810, Secretary of this section, including the fol- States Air Force School of Aerospace Medi- lowing: to authorize appropriations for fiscal cine. (1) The aggregate number of health care year 2018 for military activities of the providers denied or suspended under this sec- Department of Defense, for military SA 904. Ms. BALDWIN (for herself tion from participation in providing non-De- construction, and for defense activities and Mr. MORAN) submitted an amend- partment health care services. of the Department of Energy, to pre- ment intended to be proposed by her to (2) An evaluation of any impact on access scribe military personnel strengths for the bill H.R. 2810, to authorize appro- to health care for patients or staffing short- such fiscal year, and for other pur- priations for fiscal year 2018 for mili- ages in programs of the Department pro- poses; which was ordered to lie on the tary activities of the Department of viding non-Department health care services. table; as follows: Defense, for military construction, and (3) An explanation of the coordination of for defense activities of the Depart- the Department with the medical licensing Strike section 830. ment of Energy, to prescribe military boards of States in implementing this sec- tion, the amount of involvement of such SA 907. Mr. ROUNDS submitted an personnel strengths for such fiscal boards in such implementation, and efforts amendment intended to be proposed by year, and for other purposes; which was by the Department to address any concerns him to the bill H.R. 2810, to authorize ordered to lie on the table; as follows: raised by such boards with respect to such appropriations for fiscal year 2018 for At the end of subtitle G of title X, add the implementation. military activities of the Department following: (4) Such recommendations as the Comp- of Defense, for military construction, troller General considers appropriate regard- SEC. 1088. PREVENTION OF CERTAIN HEALTH and for defense activities of the De- CARE PROVIDERS FROM PROVIDING ing harmonizing eligibility criteria between NON-DEPARTMENT HEALTH CARE health care providers of the Department and partment of Energy, to prescribe mili- SERVICES TO VETERANS. health care providers eligible to provide non- tary personnel strengths for such fiscal (a) IN GENERAL.—On and after the date Department health care services. year, and for other purposes; which was that is one year after the date of the enact- (f) NON-DEPARTMENT HEALTH CARE SERV- ordered to lie on the table; as follows: ment of this Act, the Secretary of Veterans ICES DEFINED.—In this section, the term At the appropriate place, insert the fol- Affairs shall deny or revoke the eligibility of ‘‘non-Department health care services’’ lowing: a health care provider to provide non-De- means services— partment health care services to veterans if (1) provided under subchapter I of chapter TITLE ll—PROTECT OUR MILITARY the Secretary determines that the health 17 of title 38, United States Code, at non-De- FAMILIES’ 2ND AMENDMENT RIGHTS care provider— partment facilities (as defined in section 1701 SEC. l01. SHORT TITLE. (1) was removed from employment with the of such title); This title may be cited as the ‘‘Protect Our Department of Veterans Affairs due to con- (2) provided under section 101 of the Vet- Military Families’ 2nd Amendment Rights duct that violated a policy of the Depart- erans Access, Choice, and Accountability Act Act’’.

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RECEIPT OF FIREARM OR AMMUNI- intended to be proposed by him to the ‘‘(I) grant funds provided by an outside TION BY SPOUSE OF MEMBER OF bill H.R. 2810, to authorize appropria- source that— THE ARMED FORCES AT A DUTY STA- tions for fiscal year 2018 for military ‘‘(aa) has no affiliation with the institu- TION OF THE MEMBER OUTSIDE THE tion; and UNITED STATES. activities of the Department of De- ‘‘(bb) shares no employees with the institu- Section 925(a)(3) of title 18, United States fense, for military construction, and tion; and Code, is amended— for defense activities of the Depart- ‘‘(II) institutional scholarships described (1) by inserting ‘‘, or to the spouse of such ment of Energy, to prescribe military in clause (v); a member,’’ before ‘‘or to’’; personnel strengths for such fiscal ‘‘(iv) include no loans made by an institu- (2) by striking ‘‘members,’’ and inserting year, and for other purposes; which was tion of higher education as revenue to the ‘‘members and spouses,’’; ordered to lie on the table; as follows: school, except for payments made by stu- (3) by striking ‘‘members or’’ and inserting dents on such loans; ‘‘members, spouses, or’’; and At the end of subtitle D of title V, add the following: ‘‘(v) include a scholarship provided by the (4) by striking ‘‘member or’’ and inserting institution— ‘‘member, spouse, or’’. SEC. ll. PROPRIETARY INSTITUTIONS OF HIGH- ER EDUCATION. ‘‘(I) only if the scholarship is in the form of SEC. l03. RESIDENCY OF SPOUSES OF MEMBERS (a) DEFINITION.—Section 102(b) of the High- monetary aid based upon the academic OF THE ARMED FORCES TO BE DE- er Education Act of 1965 (20 U.S.C. 1002(b)) is achievements or financial need of students, TERMINED ON THE SAME BASIS AS disbursed to qualified student recipients dur- THE RESIDENCY OF SUCH MEMBERS amended— FOR PURPOSES OF FEDERAL FIRE- (1) in paragraph (1)— ing each fiscal year from an established re- ARMS LAWS. (A) in subparagraph (D), by striking ‘‘and’’ stricted account; and Section 921(b) of title 18, United States after the semicolon; ‘‘(II) only to the extent that funds in that Code, is amended to read as follows: (B) in subparagraph (E), by striking the pe- account represent designated funds, or in- ‘‘(b) For purposes of this chapter, a mem- riod and inserting ‘‘; and’’; and come earned on such funds, from an outside ber of the Armed Forces on active duty, or a (C) by adding at the end the following: source that— spouse of such a member, is a resident of— ‘‘(F) meets the requirements of paragraph ‘‘(aa) has no affiliation with the institu- ‘‘(1) the State in which the member or (2).’’; tion; and spouse maintains legal residence; (2) by redesignating paragraph (2) as para- ‘‘(bb) shares no employees with the institu- ‘‘(2) the State in which the permanent duty graph (3); and tion; and station of the member is located; and (3) by inserting after paragraph (1) the fol- ‘‘(vi) exclude from revenues— ‘‘(3) the State in which the member main- lowing: ‘‘(I) the amount of funds the institution re- tains a place of abode from which the mem- ‘‘(2) REVENUE SOURCES.— ceived under part C of title IV, unless the in- ber commutes each day to the permanent ‘‘(A) IN GENERAL.—In order to qualify as a stitution used those funds to pay a student’s duty station of the member.’’. proprietary institution of higher education institutional charges; ‘‘(II) the amount of funds the institution SEC. l04. EFFECTIVE DATE. under this subsection, an institution shall derive not less than 15 percent of the institu- received under subpart 4 of part A of title IV; The amendments made by this title shall tion’s revenues from sources other than Fed- ‘‘(III) the amount of funds provided by the apply to conduct engaged in after the 6- eral funds, as calculated in accordance with institution as matching funds for any Fed- month period that begins on the date of the subparagraphs (B) and (C). eral program; enactment of this Act. ‘‘(B) FEDERAL FUNDS.—In this paragraph, ‘‘(IV) the amount of Federal funds provided the term ‘Federal funds’ means any Federal to the institution to pay institutional SA 908. Ms. MURKOWSKI submitted financial assistance provided, under this Act charges for a student that were refunded or an amendment intended to be proposed or any other Federal law, through a grant, returned; and by her to the bill H.R. 2810, to author- contract, subsidy, loan, guarantee, insur- ‘‘(V) the amount charged for books, sup- ize appropriations for fiscal year 2018 ance, or other means to a proprietary insti- plies, and equipment, unless the institution for military activities of the Depart- tution, including Federal financial assist- includes that amount as tuition, fees, or ment of Defense, for military construc- ance that is disbursed or delivered to an in- other institutional charges. stitution or on behalf of a student or to a ‘‘(D) REPORT TO CONGRESS.—Not later than tion, and for defense activities of the July 1, 2018, and by July 1 of each succeeding Department of Energy, to prescribe student to be used to attend the institution, except that such term shall not include any year, the Secretary shall submit to the au- military personnel strengths for such monthly housing stipend provided under the thorizing committees a report that contains, fiscal year, and for other purposes; Post-9/11 Veterans Educational Assistance for each proprietary institution of higher which was ordered to lie on the table; Program under chapter 33 of title 38, United education that receives assistance under as follows: States Code. title IV and as provided in the audited finan- cial statements submitted to the Secretary At the end of subtitle D of title III, add the ‘‘(C) IMPLEMENTATION OF NON-FEDERAL REV- by each institution pursuant to the require- following: ENUE REQUIREMENT.—In making calculations under subparagraph (A), an institution of ments of section 487(c)— lll SEC. 3 . MODIFICATION OF THE SECOND DI- higher education shall— ‘‘(i) the amount and percentage of such in- VISION MEMORIAL. ‘‘(i) use the cash basis of accounting; stitution’s revenues received from Federal (a) AUTHORIZATION.—The Second ‘‘(ii) consider as revenue only those funds funds; and Indianhead Division Association, Inc., Schol- generated by the institution from— ‘‘(ii) the amount and percentage of such in- arship and Memorials Foundation, an organi- ‘‘(I) tuition, fees, and other institutional stitution’s revenues received from other zation described in section 501(c)(3) of the In- charges for students enrolled in programs el- sources.’’. ternal Revenue Code of 1986 and exempt from igible for assistance under title IV; (b) PROGRAM PARTICIPATION AGREEMENTS.— taxation under section 501(a) of that Code, ‘‘(II) activities conducted by the institu- Section 487 of the Higher Education Act of may place additional commemorative ele- tion that are necessary for the education and 1965 (20 U.S.C. 1094) is amended— ments or engravings on the raised platform training of the institution’s students, if such (1) in subsection (a)— or stone work of the existing Second Divi- activities are— (A) by striking paragraph (24); sion Memorial located in President’s Park, ‘‘(aa) conducted on campus or at a facility (B) by redesignating paragraphs (25) between 17th Street Northwest and Constitu- under the control of the institution; through (29) as paragraphs (24) through (28), tion Avenue in the District of Columbia, to ‘‘(bb) performed under the supervision of a respectively; further honor the members of the Second In- member of the institution’s faculty; and (C) in paragraph (24)(A)(ii) (as redesignated fantry Division who have given their lives in ‘‘(cc) required to be performed by all stu- by subparagraph (B)), by striking ‘‘sub- service to the United States. dents in a specific educational program at section (e)’’ and inserting ‘‘subsection (d)’’; (b) APPLICATION OF COMMEMORATIVE WORKS the institution; and and ACT.—Chapter 89 of title 40, United States ‘‘(III) a contractual arrangement with a (D) in paragraph (26) (as redesignated by Code (commonly known as the ‘‘Commemo- Federal agency for the purpose of providing subparagraph (B)), by striking ‘‘subsection rative Works Act’’), shall apply to the design job training to low-income individuals who (h)’’ and inserting ‘‘subsection (g)’’; and placement of the commemorative ele- are in need of such training; (2) by striking subsection (d); ments or engravings authorized under sub- ‘‘(iii) presume that any Federal funds that (3) by redesignating subsections (e) section (a). are disbursed or delivered to an institution through (j) as subsections (d) through (i), re- (c) FUNDING.—Federal funds may not be on behalf of a student or directly to a stu- spectively; used for modifications of the Second Divi- dent will be used to pay the student’s tui- (4) in subsection (f)(1) (as redesignated by sion Memorial authorized under subsection tion, fees, or other institutional charges, re- paragraph (3)), by striking ‘‘subsection (a). gardless of whether the institution credits (e)(2)’’ and inserting ‘‘subsection (d)(2)’’; and such funds to the student’s account or pays (5) in subsection (g)(1) (as redesignated by SA 909. Mr. DURBIN (for himself, Mr. such funds directly to the student, except to paragraph (3)), by striking ‘‘subsection MURPHY, Ms. WARREN, Mr. CARPER, and the extent that the student’s tuition, fees, or (a)(27)’’ in the matter preceding subpara- Mr. BROWN) submitted an amendment other institutional charges are satisfied by— graph (A) and inserting ‘‘subsection (a)(26)’’.

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(c) CONFORMING AMENDMENTS.—The Higher (A) the Committee on Armed Services and Bureau of Investigation, the Department of Education Act of 1965 (20 U.S.C. 1001 et seq.) the Committee on Foreign Relations of the Defense, and State election commissions, re- is amended— Senate; and garding the facts and circumstances sur- (1) in section 152 (20 U.S.C. 1019a)— (B) the Committee on Armed Services and rounding Russia’s interference with elections (A) in subsection (a)(1)(A), by striking the Committee on Foreign Affairs of the for public office held in the United States ‘‘subsections (a)(27) and (h) of section 487’’ House of Representatives. during 2016; and inserting ‘‘subsections (a)(26) and (g) of (7) review and build upon the findings of section 487’’; and SA 911. Mr. CARDIN (for himself, Mr. completed or ongoing efforts to the inves- (B) in subsection (b)(1)(B)(i)(I), by striking BENNET, Mr. MERKLEY, Mr. tigate such Russian interference, including ‘‘section 487(e)’’ and inserting ‘‘section BLUMENTHAL, Ms. WARREN, Mr. VAN investigations or inquires conducted by— 487(d)’’; HOLLEN, Mrs. GILLIBRAND, Ms. BALD- (A) the Administration of President Barack Obama; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), WIN, Mr. HEINRICH, Mr. DURBIN, Mr. by striking ‘‘section 487(a)(25)’’ each place (B) the Select Committee on Intelligence CASEY, and Mr. LEAHY) submitted an the term appears and inserting ‘‘section of the Senate; 487(a)(24)’’; amendment intended to be proposed by (C) the Committee on Armed Services of (3) in section 496(c)(3)(A) (20 U.S.C. him to the bill H.R. 2810, to authorize the Senate; 1099b(c)(3)(A)), by striking ‘‘section 487(f)’’ appropriations for fiscal year 2018 for (D) the Committee on Foreign Relations of and inserting ‘‘section 487(e)’’; and military activities of the Department the Senate; (4) in section 498(k)(1) (20 U.S.C. of Defense, for military construction, (E) the Committee on the Judiciary of the 1099c(k)(1)), by striking ‘‘section 487(f)’’ and and for defense activities of the De- Senate; and inserting ‘‘section 487(e)’’. (F) other executive branch, congressional, partment of Energy, to prescribe mili- or independent entities; tary personnel strengths for such fiscal SA 910. Mr. CARDIN submitted an (8) make a full accounting of— year, and for other purposes; which was (A) the circumstances surrounding official amendment intended to be proposed by ordered to lie on the table; as follows: and unofficial attempts to interfere in the him to the bill H.R. 2810, to authorize At the end of title X, add the following: 2016 United States election, including appropriations for fiscal year 2018 for Subtitle H—Commission to End Russian through cyber operations and the promotion military activities of the Department Interference in United States Elections of propaganda or other disinformation; of Defense, for military construction, (B) the level of preparedness of Federal, SEC. 1090. ESTABLISHMENT OF COMMISSION. State, and local governments to defend and for defense activities of the De- There is established an independent com- partment of Energy, to prescribe mili- against such interference; and mission, which shall be known as the ‘‘Com- (C) the United States response to such in- tary personnel strengths for such fiscal mission to End Russian Interference in terference; and year, and for other purposes; which was United States Elections’’ (referred to in this (9) submit a report to the President and ordered to lie on the table; as follows: subtitle as the ‘‘Commission’’). Congress, in accordance with section 1098, on SEC. 1091. FUNCTIONS. At the end of subtitle A of title XII, add the findings, conclusions, and recommenda- The Commission shall— the following: tions of the Commission on preventing the (1) comprehensively examine the facts re- reoccurrence of such interference. SEC. ll. USE OF PRIVATE CONTRACTORS. garding the extent of Russian official and SEC. 1092. COMPOSITION. (a) SENSE OF CONGRESS.—It is the sense of unofficial cyber operations and other at- (a) APPOINTMENTS.— Congress that— tempts to interfere in the 2016 United States (1) IN GENERAL.—The Commission shall be (1) combat operations, actions, and com- national election; composed of eight members, of which— bat-enabling support to operations such as (2) examine attempts by the Russian Gov- (A) two shall be appointed by the majority close air support, are inherently government ernment, persons or entities associated with leader of the Senate; functions that cannot be appropriately car- the Russian Government, or other persons or (B) two shall be appointed by the minority ried out by private contractors; and entities within Russia to use cyber-enabled leader of the Senate; (2) the United States Government should means to access, alter, or otherwise tamper (C) two shall be appointed by the Speaker respect the sovereignty of democratically with— of the House of Representatives; and elected governments over their territory. (A) United States electronic voting sys- (D) two shall be appointed by the minority (b) LIMITATIONS ON USE OF PRIVATE CON- tems; leader of the House of Representatives. TRACTORS.— (B) United States voter roll information; (2) DEADLINE FOR APPOINTMENT.—Each ini- (1) PROHIBITION ON USE IN COMBAT OPER- (C) the Democratic National Committee; tial member of the Commission shall be ap- ATIONS.—No department or agency of the (D) the Democratic Congressional Cam- pointed not later than 30 days after the date United States Government may employ a paign Committee; of the enactment of this Act. private contractor to conduct combat oper- (E) the Democratic Governors Association; (3) PERIOD OF APPOINTMENT.—Each member ations, or embed a private contractor with (F) the Republican National Committee; of the Commission shall be appointed for the foreign military units to engage directly in (G) the Republican Congressional Cam- life of the Commission. combat operations. paign Committee; (b) QUALIFICATIONS.— (2) COMPLIANCE WITH INTERNATIONAL LAW IN (H) the Republican Governors Association; (1) POLITICAL PARTY AFFILIATION.—Not OTHER ACTIVITIES.—Any department or agen- (I) Donald J. Trump for President, Inc.; more than 4 members of the Commission cy of the United States Government that and may be members of the same political party. employs a private contractor to conduct ac- (J) Hillary for America (the Hillary Clin- (2) NONGOVERNMENTAL APPOINTEES.—None tivities not otherwise prohibited by para- ton Presidential campaign); of the members of the Commission may be a graph (1) shall ensure that such contractor— (3) examine efforts by the Russian Govern- Member of Congress (including a Delegate or (A) acts in the conduct of such activities in ment, persons or entities associated with the Resident Commissioner to Congress), an offi- accordance with principles, standards, and Russian Government, or persons or entities cer or employee of the Federal Government, codes of conduct based on international law; within Russia to generate, put forward, dis- or an officer or employee of any State or and seminate, or promote propaganda relevant to local government. (B) participates in oversight and account- any election for public office held in the (3) OTHER QUALIFICATIONS.—It is the sense ability mechanisms to ensure that its ac- United States during 2016; of Congress that individuals appointed to the tions in the conduct of such activities accord (4) examine efforts by the Russian Govern- Commission should be prominent United with such principles, standards, and codes of ment to collaborate with other governments, States citizens, with national recognition conduct. entities, or individuals to carry out activi- and significant depth of experience in profes- (3) WAIVER.—The Secretary of Defense may ties described in paragraphs (2) and (3); sions such as governmental service, law en- waive the prohibition in paragraph (1) or a (5) examine attempts or activities by gov- forcement, armed services, law, public ad- requirement in paragraph (2) with respect to ernments, persons associated with a govern- ministration, intelligence gathering, cyber- a private contractor if the Secretary deter- ment, entities, and individuals other than security, election administration, and for- mines that the waiver is necessary for rea- those described in paragraph (3) to use elec- eign affairs. sons of national security of the United tronic means to influence, interfere with, or (c) INITIAL MEETING; SELECTION OF CHAIR- States. The Secretary shall notify the appro- sow distrust in elections for public office PERSON.— priate committees of Congress in writing of held in the United States during 2016; (1) IN GENERAL.—Not later than 60 days any such waiver, and the reasons for such (6) ascertain, evaluate, and report on the after the date of the enactment of this Act, waiver, not later than 48 hours after making evidence developed by all relevant govern- the Commission shall hold an initial meeting the determination on which such waiver is ment agencies, including the Department of to develop and implement a schedule for based. State, the Office of the Director of National completing the review and report required (4) APPROPRIATE COMMITTEES OF CONGRESS Intelligence, the Central Intelligence Agen- under section 1091(9). DEFINED.—In this subsection, the term ‘‘ap- cy, the National Security Agency, the De- (2) CHAIRPERSON; VICE-CHAIRPERSON.—At propriate committees of Congress’’ means— partment of Homeland Security, the Federal the initial meeting of the Commission, the

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Commission shall select a Chairperson and a (2) OBTAINING INFORMATION.—The Chair- (c) EXPERTS AND CONSULTANTS.—With the Vice-Chairperson from among its members. person of the Commission shall submit a approval of the Commission, the Director The Chairperson and Vice-Chairperson may written request, as necessary, to the head of may procure temporary and intermittent not be members of the same political party. an agency described in paragraph (1) for ac- services under section 3109(b) of title 5, (d) QUORUM; VACANCIES.— cess to documents, statistical data, and United States Code, but at rates not to ex- (1) QUORUM.—Six members of the Commis- other information described in such para- ceed the rate of basic pay for level IV of the sion shall constitute a quorum. graph that is under the control of such agen- Executive Schedule. (2) VACANCIES.—Any vacancy in the Com- cy. (d) DETAILEES.—Upon the request of the mission shall not affect the power and duties (3) RECEIPT, HANDLING, STORAGE, AND DIS- Commission, any Federal Government em- of the Commission and shall be filled in ac- SEMINATION.—Information described in para- ployee may be detailed to the Commission cordance with subsection (a) not later than graph (1) may only be received, handled, without reimbursement from the Commis- 90 days after the occurrence of such vacancy. stored and disseminated by members of the sion, and such detailee shall retain the rights, civil service status, and privileges of SEC. 1093. POWERS OF THE COMMISSION. Commission and its staff in accordance with his or her regular employment without (a) IN GENERAL.— all applicable statutes, regulations, and Ex- interruption. (1) MEETINGS.—After its initial meeting ecutive orders. under section 1092(c)(1), the Commission (c) ASSISTANCE FROM FEDERAL AGENCIES.— SEC. 1095. NONAPPLICABILITY OF FEDERAL AD- VISORY COMMITTEE ACT. shall meet upon the call of the Chairperson (1) GENERAL SERVICES ADMINISTRATION.— The Administrator of General Services shall (a) IN GENERAL.—The Federal Advisory or a majority of its members. Committee Act (5 U.S.C. App.) shall not (2) HEARINGS AND EVIDENCE.—The Commis- make office space available for the day-to- day activities of the Commission and for apply to the Commission. sion may— (b) PUBLIC MEETINGS AND RELEASE OF PUB- scheduled meetings of the Commission. Upon (A) hold such hearings, sit and act at such LIC VERSIONS OF REPORTS.—The Commission request, the Administrator shall provide, on times and places, take such testimony, re- shall— a reimbursable basis, such administrative ceive such evidence, including classified tes- (1) hold public hearings and meetings to support as the Commission requests to fulfill timony, evidence, and information, and ad- the extent appropriate; and its duties. minister such oaths as may be necessary to (2) release public versions of the reports re- (2) OTHER DEPARTMENTS AND AGENCIES.—In carry out its functions under section 1091; quired under section 1098. addition to the assistance required under and (c) PUBLIC HEARINGS.—Any public hearings paragraph (1), other Federal departments (B) require, by subpoena or otherwise, the of the Commission shall be conducted in a and agencies may provide to the Commission attendance and testimony of such witnesses manner consistent with the protection of in- such services, funds, facilities, staff, and and the production of such books, records, formation provided to or developed for or by other support services as the heads of such correspondence, memoranda, papers, and the Commission as required under any appli- entities determine advisable in accordance documents, including classified materials, as cable statute, regulation, or Executive order. with applicable law. the Commission or such designated sub- SEC. 1096. COMPENSATION AND TRAVEL EX- OSTAL ERVICES committee or designated member may deter- (d) P S .—The Commission PENSES. may use the United States mails in the same mine advisable to carry out such functions. (a) COMPENSATION.—Members of the Com- (3) SUBPOENAS.— manner and under the same conditions as mission— (A) ISSUANCE.— other Federal departments and agencies. (1) shall not be considered to be Federal (i) IN GENERAL.—A subpoena may be issued (e) AUTHORITY TO CONTRACT.— employees for any purpose by reason of serv- under this subsection only by the agreement (1) IN GENERAL.—Subject to subtitle I of ice on the Commission; and of the Chairperson and the Vice-Chairperson title 40, United States Code, and division C of (2) shall serve without pay. or by the affirmative vote of 5 members of subtitle I of title 41, United States Code (for- (b) TRAVEL EXPENSES.—While away from the Commission. merly collectively known as the ‘‘Federal their homes or regular places of business in (ii) SIGNATURE.—Subpoenas issued under Property and Administrative Services Act of performance of services for the Commission, this subsection— 1949’’), the Commission is authorized to enter members of the Commission shall be allowed (I) may be issued under the signature of into contracts with Federal and State agen- travel expenses, including per diem in lieu of the Chairperson or any member designated cies, private firms, institutions, and individ- subsistence, in accordance with section 5703 by a majority of the Commission; and uals for the conduct of activities necessary of title 5, United States Code. (II) may be served by any person des- to the discharge of its duties under section SEC. 1097. SECURITY CLEARANCES FOR COMMIS- ignated by the Chairperson or by a member 1091. SION MEMBERS AND STAFF. designated by a majority of the Commission. (2) TERMINATION.—Any contract, lease, or The appropriate Federal agencies or de- (B) ENFORCEMENT.— other legal agreement entered into by the partments shall cooperate with the Commis- (i) IN GENERAL.—In the case of contumacy Commission under this subsection may not sion to expeditiously provide, to the extent or failure to obey a subpoena issued under extend beyond the date specified in section possible, appropriate security clearances to this subsection, the United States district 1099. Commission members and staff in accord- court for the judicial district in which the SEC. 1094. STAFF OF THE COMMISSION. ance with existing procedures and require- subpoenaed person resides, is served, or may (a) DIRECTOR.—The Commission shall have ments, except that no person shall be pro- be found, or where the subpoena is return- a Director, who shall be— vided with access to classified information able, may issue an order requiring such per- (1) appointed by a majority vote of the under this subtitle without the appropriate son to appear at any designated place to tes- Commission; and security clearances. tify or to produce documentary or other evi- (2) paid at a rate not to exceed the rate of SEC. 1098. REPORT. dence. Any failure to obey the order of the basic pay for level IV of the Executive (a) IN GENERAL.—Not later than 18 months court may be punished by the court as a con- Schedule, as set forth in section 5315 of title after the first meeting of the Commission, tempt of that court. 5, United States Code. the Commission shall submit a report to the (ii) ADDITIONAL ENFORCEMENT.—If any wit- (b) STAFF.— Committee on Foreign Relations of the Sen- ness fails to comply with any subpoena (1) IN GENERAL.—With the approval of the ate, the Committee on Foreign Affairs of the issued under this subsection or to testify Commission, the Director may appoint such House of Representatives, the Committee on when summoned under authority of this sub- personnel as the Director determines to be the Judiciary of the Senate, the Committee section, the Commission may, by majority appropriate. Such personnel shall be paid at on the Judiciary of the House of Representa- vote, certify a statement of fact constituting a rate not to exceed the rate of basic pay for tives, the Committee on Homeland Security such failure to the appropriate United States level IV of the Executive Schedule, as set and Governmental Affairs of the Senate, the attorney, who may bring the matter before forth in section 5315 of title 5, United States Committee on Homeland Security of the the grand jury for its action, under the same Code. House of Representatives, the Committee on statutory authority and procedures as if the (2) ADDITIONAL STAFF.—The Commission Oversight and Government Reform of the United States attorney had received a cer- may appoint and fix the compensation of House of Representatives, the Select Com- tification under sections 102 through 104 of such other personnel as may be necessary to mittee on Intelligence of the Senate, the the Revised Statutes of the United States (2 enable the Commission to carry out its du- Permanent Select Committee on Intelligence U.S.C. 192 through 194). ties, without regard to the provisions of title of the House of Representatives, the Com- (b) INFORMATION FROM FEDERAL AGEN- 5, United States Code, governing appoint- mittee on Armed Services of the Senate, and CIES.— ments in the competitive service, and with- the Committee on Armed Services of the (1) IN GENERAL.—All Federal departments out regard to the provisions of chapter 51 and House of Representatives. The report shall and agencies shall, in accordance with appli- subchapter III of chapter 53 of such title re- include— cable procedures for the appropriate han- lating to classification and General Schedule (1) a detailed statement of the rec- dling of classified information, provide rea- pay rates, except that no rate of pay fixed ommendations, findings, and conclusions of sonable access to documents, statistical under this subsection may exceed the equiva- the Commission under section 1091; and data, and other such information that the lent of that payable to a person occupying a (2) summaries of the input and rec- Commission determines necessary to carry position at level V of the Executive Sched- ommendations of the leaders and organiza- out its functions under section 1091. ule, as set forth in section 5316 of such title. tions with which the Commission consulted.

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(b) PUBLIC AVAILABILITY.—The report re- determining what can be included in DOD’s ered person under subsection (a) for expenses quired under subsection (a) shall be sub- OCO budget requests; and that DOD develop borne by the person during the travel con- mitted in an unclassified form, which shall a complete and reliable estimate of enduring cerned. be made available to the public, but may in- OCO costs to report in future budget re- (f) TREATMENT OF REIMBURSEMENTS.—Any clude a classified annex. quests. reimbursements made pursuant to this sec- SEC. 1099. TERMINATION. (b) REPORT.—At the same time as the sub- tion shall be deposited in the Treasury as The Commission shall terminate on the mittal to Congress of the budget of the miscellaneous receipts. date that is 60 days after the date on which President for fiscal year 2019 pursuant to sec- (g) REPORTS.— the Commission submits its report to Con- tion 1105 of title 31, United States Code, the (1) QUARTERLY REPORTS.—Not later than gress pursuant to section 1098. Secretary of Defense shall, with the concur- the first day of each fiscal year quarter, each rence of the Director of the Office of Man- covered person shall submit to the offices SA 912. Mr. BOOKER (for himself and agement and Budget, submit to the congres- and committees of Congress referred to in Mr. BENNET) submitted an amendment sional defense committees a report setting paragraph (3) a report on reimbursements re- intended to be proposed by him to the forth the following: quired to be made by such person under sub- (1) The criteria used by the Department of bill H.R. 2810, to authorize appropria- section (a) during the preceding fiscal year Defense to determine whether funds re- quarter. tions for fiscal year 2018 for military quested for the Department for a fiscal year activities of the Department of De- (2) ELEMENTS.—Each report of a person for purposes of the budget of the President under this paragraph shall set forth, for the fense, for military construction, and for the fiscal year (as so submitted) are to be fiscal year quarter covered by such report, for defense activities of the Depart- requested as funds for the Department for the following: ment of Energy, to prescribe military programs, activities, and operations for the (A) The expenses of travel of the person for personnel strengths for such fiscal fiscal year for overseas contingency oper- which reimbursement was required to be year, and for other purposes; which was ations. made under subsection (a). (2) A current estimate of the recurring an- ordered to lie on the table; as follows: (B) The amount of reimbursement made nual costs of the Department for programs, under subsection for such expenses. At the end of subtitle G of title X, insert activities, and operations for overseas con- (3) OFFICES AND COMMITTEES OF CONGRESS.— the following: tingency operations. The offices and committees of Congress re- SEC. lll. PROHIBITION ON FUNDS FOR THE ferred to in this paragraph are the following: PRESIDENTIAL ADVISORY COMMIS- SA 914. Mrs. MURRAY submitted an SION ON ELECTION INTEGRITY. (A) The Office of Government Ethics. amendment intended to be proposed by (B) The Committee on Homeland Security None of the funds appropriated or other- her to the bill H.R. 2810, to authorize wise made available under an Act of Con- and Governmental Reform and the Select gress enacted before, on, or after the date of appropriations for fiscal year 2018 for Committee on Ethics of the Senate. enactment of this Act may be made avail- military activities of the Department (C) The Committee on Oversight and Gov- able for the Presidential Advisory Commis- of Defense, for military construction, ernment Reform and the Committee on Eth- sion on Election Integrity established under and for defense activities of the De- ics of the House of Representatives. Executive Order 13799 (82 Fed. Reg. 22389) or partment of Energy, to prescribe mili- (h) PROHIBITION ON ACQUISITION OF CERTAIN for any similar commission established for tary personnel strengths for such fiscal GOODS AND SERVICES.—No department, agen- the purpose of studying voter fraud. cy, or other entity of the Federal Govern- year, and for other purposes; which was ment may purchase, rent, or otherwise ac- ordered to lie on the table; as follows: SA 913. Mr. VAN HOLLEN (for him- quire goods or services, including hotel At the end of subtitle G of title X, add the self and Mr. PAUL) submitted an rooms, office space, or golf carts, from any amendment intended to be proposed by following: entity that is owned or operated by the SEC. lll. REIMBURSEMENT OF THE UNITED President or any member of the immediate him to the bill H.R. 2810, to authorize STATES BY CERTAIN PERSONS FOR family of the President. appropriations for fiscal year 2018 for EXPENSES OF TRAVEL DURING military activities of the Department WHICH SUCH PERSONS CONDUCT SA 915. Mr. KAINE submitted an of Defense, for military construction, PRIVATE BUSINESS. amendment intended to be proposed by and for defense activities of the De- (a) REIMBURSEMENT REQUIRED.—A covered him to the bill H.R. 2810, to authorize partment of Energy, to prescribe mili- person shall reimburse the United States for any expenses of travel provided the person at appropriations for fiscal year 2018 for tary personnel strengths for such fiscal the expense of the Federal Government if the military activities of the Department year, and for other purposes; which was person conducts any private business during of Defense, for military construction, ordered to lie on the table; as follows: such travel or conducts any activity for per- and for defense activities of the De- sonal financial gain during such travel. At the end of subtitle B of title XV, add partment of Energy, to prescribe mili- (b) COVERED PERSONS.—For purposes of the following: tary personnel strengths for such fiscal SEC. lll. REPORT ON BUDGET REQUESTS FOR this section, a covered person is any person FUNDING FOR THE DEPARTMENT OF described by paragraph (1) or (2) of section year, and for other purposes; which was DEFENSE FOR OVERSEAS CONTIN- 3056(a) of title 18, United States Code, re- ordered to lie on the table; as follows: GENCY OPERATIONS. gardless of whether the person was provided Strike section 1606 and insert the fol- (a) FINDINGS.—Congress makes the fol- protection by the United States Secret Serv- lowing: lowing findings: ice during the travel concerned. (1) In a January 18, 2017 report issued by (c) EXPENSES REIMBURSEABLE.—The ex- SEC. 1606. LAUNCH SUPPORT AND INFRASTRUC- the U.S. Government Accountability Office penses of travel for which a covered person TURE MODERNIZATION. (GAO) on the Department of Defense’s Over- shall make reimbursement under subsection (a) IN GENERAL.—In support of the policy seas Contingency Operations, the GAO found (a) are the actual costs with respect to the outlined in section 2273 of title 10, United that the criteria developed in 2010 by the Of- person during travel for the following: States Code, the Secretary of Defense shall fice of Management and Budget (OMB) in (1) Travel. carry out a program to modernize infrastruc- collaboration with the Department of De- (2) Protection by the United States Secret ture and improve support activities for proc- fense (DoD) for determining whether items Service or another Federal entity. essing and launch of United States national belonged in the base budget or in OCO were (3) Lodging and accommodations. security space missions from Federal ranges. outdated. (4) Meals. (b) ELEMENTS.—The program required by (2) The GAO also found that these outdated (5) Incidental expenses. this section shall include— criteria did not address the full scope of ac- (6) Any other expenses designated by the (1) investments in infrastructure to im- tivities included in DoD’s fiscal year 2017 President in regulations prescribed for pur- prove operations at Federal ranges in the OCO budget request. poses of this section. United States that launch national security (3) According to the GAO, DoD officials (d) PRIVATE BUSINESS.—For purposes of space missions that may benefit all users, to agree that updated guidance is needed, but this section, private business shall consist of enhance the overall capabilities of those noted that OMB deferred the decision to up- the discussion of, planning for, or carrying Federal ranges, to improve safety, and to re- date criteria until the new administration out of any commercial negotiation or com- duce the long-term cost of operations and was in place in 2017 mercial transaction on behalf of a covered maintenance; (4) The GAO also found that, without re- person, or any entity in which a covered per- (2) measures to normalize processes, sys- evaluating and revising the criteria, decision son holds a financial interest, which finan- tems, and products across the Federal ranges makers may be hindered in their ability to cially benefits a covered person or entity in described in paragraph (1) to minimize the set priorities and make funding trade-offs. which a covered person holds a financial in- burden on launch providers; and (5) In response to these findings, the GAO terest. (3) improvements in transparency, flexi- recommends that DOD, in collaboration with (e) EXCEPTION.—Reimbursement for ex- bility, and responsiveness for launch sched- OMB, reevaluate and revise the criteria for penses of travel shall not be made by a cov- uling.

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(c) CONSULTATION.—In carrying out the (1) the congressional defense committees; by fiscal year, for funding the development program required by this section, the Sec- and of a second homeport for nuclear-powered retary should consult with current and an- (2) the Committee on Education and the aircraft carriers on the East Coast of the ticipated users of Federal ranges in the Workforce of the House of Representatives United States. United States that launch national security and the Committee on Health, Education, (c) AUTHORITY TO CARRY OUT CONSTRUCTION space missions. Labor, and Pensions of the Senate. DESIGN.—Subject to subsection (b), the Sec- (d) COOPERATION.—In carrying out this sec- retary of the Navy may carry out construc- tion, the Secretary should consider partner- SA 917. Mr. MCCAIN (for Mr. RUBIO) tion design activities in connection with the ships authorized under section 2276 of title submitted an amendment intended to military construction projects that the Sec- 10, United States Code. retary identifies as necessary for the im- (e) REPORT.— be proposed by Mr. MCCAIN to the bill H.R. 2810, to authorize appropriations provement of the facilities located at (1) REPORT REQUIRED.—Not later than 120 Mayport Naval Station, Florida, so that such days after the date of the enactment of this for fiscal year 2018 for military activi- facilities may be used as the homeport of a Act, the Secretary shall submit to the con- ties of the Department of Defense, for nuclear powered aircraft carrier. gressional defense committees a report on military construction, and for defense the plan for the implementation of the activities of the Department of Energy, SA 919. Mr. MCCAIN (for Mr. RUBIO) launch support and infrastructure mod- to prescribe military personnel submitted an amendment intended to ernization program at Federal ranges in the strengths for such fiscal year, and for be proposed by Mr. MCCAIN to the bill United States that launch national security H.R. 2810, to authorize appropriations space missions. other purposes; which was ordered to (2) ELEMENTS.—The report required under lie on the table; as follows: for fiscal year 2018 for military activi- paragraph (1) shall include— At the end of subtitle F of title X, add the ties of the Department of Defense, for (A) a description of plans and the resources following: military construction, and for defense needed to improve launch support infrastruc- SEC. ll. REPORT ON HURRICANE DAMAGE TO activities of the Department of Energy, ture, utilities, support equipment, and Fed- DEPARTMENT OF DEFENSE ASSETS. to prescribe military personnel eral range operations; (a) IN GENERAL.—Not later than 90 days strengths for such fiscal year, and for (B) a description of plans to streamline and after the date of the enactment of this Act, other purposes; which was ordered to normalize processes, systems, and products the Secretary of Defense shall submit to the lie on the table; as follows: at Federal ranges described in paragraph (1) congressional defense committees a report to ensure consistency for range users; and on damage to Department of Defense assets At the appropriate place in subtitle C of (C) recommendations for improving trans- and installations from hurricanes during title XVI, insert the following: parency, flexibility, and responsiveness in 2017. SEC. lll. REPORT ON TRAINING INFRASTRUC- TURE FOR CYBER FORCES. launch scheduling. (b) ELEMENTS.—The report required under subsection (a) shall include the following ele- Not later than 180 days after the date of SA 916. Mr. MCCAIN (for Mr. RUBIO) ments: the enactment of this Act, the Secretary of submitted an amendment intended to (1) The results of a storm damage assess- Defense shall submit to the congressional de- fense committees a report on the Depart- be proposed by Mr. MCCAIN to the bill ment. H.R. 2810, to authorize appropriations (2) A description of affected military in- ment of Defense training infrastructure for cyber forces. Such report shall include the for fiscal year 2018 for military activi- stallations and assets. (3) A request for funding to initiate the re- following: ties of the Department of Defense, for (1) Identification of the shortcomings in military construction, and for defense pair and replacement of damaged facilities and assets, including necessary upgrades to such training infrastructure. activities of the Department of Energy, existing facilities to make them compliant (2) Potential commercial applications to to prescribe military personnel with current hurricane standards, and to address such shortcomings. strengths for such fiscal year, and for cover any unfunded requirements for mili- (3) Future projections of cyber force other purposes; which was ordered to tary construction at affected military instal- growth and urgent needs relating to such lie on the table; as follows: lations. growth. At the appropriate place, insert the fol- SA 920. Mr. MCCAIN (for Mr. RUBIO) Mr. MCCAIN (for Mr. RUBIO) lowing: SA 918. submitted an amendment intended to SEC. lll. REPORT ON THE UNITED SERVICES submitted an amendment intended to be proposed by Mr. MCCAIN to the bill MILITARY APPRENTICESHIP PRO- be proposed by Mr. MCCAIN to the bill H.R. 2810, to authorize appropriations GRAM. H.R. 2810, to authorize appropriations (a) REPORT REQUIRED.—No later than 180 for fiscal year 2018 for military activi- for fiscal year 2018 for military activi- days after the date of the enactment of this ties of the Department of Defense, for ties of the Department of Defense, for Act, the Secretary of Defense and the Sec- military construction, and for defense military construction, and for defense retary of Labor shall jointly submit to the activities of the Department of Energy, appropriate congressional committees a re- activities of the Department of Energy, to prescribe military personnel port on the United Services Military Appren- to prescribe military personnel strengths for such fiscal year, and for ticeship Program’s operations and feasi- strengths for such fiscal year, and for other purposes; which was ordered to bility. other purposes; which was ordered to (b) CONTENTS OF REPORT.—The report re- lie on the table; as follows: lie on the table; as follows: quired under subsection (a) shall include the At the appropriate place, insert the fol- following: At the appropriate place, insert the fol- lowing: lowing: (1) A description of the apprenticeship pro- SEC. ll. REPORT ON OPERATIONAL CAPACITY gram, potential certification options, and oc- SEC. ll. EAST COAST HOMEPORT FOR NU- AT THE JOINT STRIKE FIGHTER cupational areas of study. CLEAR-POWERED AIRCRAFT CAR- (JSF) INITIAL JOINT TRAINING SITE (2) A discussion of potential recommenda- RIERS. AT EGLIN AIR FORCE BASE. tions for enhancing the apprenticeship pro- (a) FINDINGS.—Congress makes the fol- (a) REPORT REQUIRED.—Not later than 180 gram and recruiting new service members to lowing findings: days after the date of the enactment of this participate in the program. (1) Mayport Naval Station, Florida, has Act, the Secretary of Defense shall submit to (3) An analysis of the effect of the appren- served as a homeport for aircraft carriers. Congress a plan for reaching full operational ticeship program on the job placement of (2) In 2009, the United States Navy sub- capacity at the Joint Strike Fighter (JSF) members of the Armed Forces transitioning mitted its decision to establish a second East Initial Joint Training Site at Eglin Air to civilian careers. Coast homeport for nuclear-powered aircraft Force Base, Florida, to provide operational (4) An analysis of the effect of the appren- carriers to strategically disperse the capital flexibility across the services and interoper- ticeship program on job promotions within fleet. ability with international partners. the Armed Forces. (3) The decision to make Mayport Naval (b) ELEMENTS.—The report required under (5) An assessment of the communication Station capable of homeporting a nuclear- subsection (a) shall include the following ele- and outreach between the United Services powered aircraft carrier was endorsed by the ments: Military Apprenticeship Program and pri- 2010 Quadrennial Defense Review. (1) An assessment of the Department of De- vate employers. (b) DEVELOPMENT OF SECOND EAST COAST fense’s compliance with the 2005 Base Re- (6) An analysis of estimated completion CVN HOMEPORT.—Not later than 180 days alignment and Closure (BRAC) decision to rates and potential administrative barriers after the enactment of this Act, the Sec- endorse the recommendation by the Sec- impeding completion of the program. retary of the Navy shall submit to the con- retary of Defense as enacted into law to es- (c) APPROPRIATE CONGRESSIONAL COMMIT- gressional defense committees a report on tablish Eglin Air Force Base, Florida, as an TEES DEFINED.—In this section, the term the Navy’s plan for developing a second East Initial Joint Training Site that teaches ‘‘appropriate congressional committees’’ Coast homeport for nuclear-powered aircraft entry-level aviators and maintenance techni- means— carriers. The report shall include a schedule, cians how to safely operate and maintain the

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new Joint Strike Fighter (JSF) (F–35) air- (b) FORFEITURE.—The action described in (d) TERMINATION.—This section shall termi- craft. this subsection is the forfeiture to the nate on— (2) An analysis of the impact effected by United States of any unmanned aircraft sys- (1) the date that is 2 years after the date of the Navy and Marine Corps drastically re- tem or unmanned aircraft that is seized by the enactment of this Act, or ducing their presence at Eglin Air Force the Secretary of Defense or the Armed (2) the date on which the Secretary of De- Base on the intended outcome of this deci- Forces as described in subsection (a). fense and Secretary of State jointly certify sion to allow the Interservice Training Re- (c) REGULATIONS.—The Secretary of De- to the appropriate congressional committees view Organization process to establish a De- fense and the Secretary of Transportation that the conflict in Yemen has come to a partment of Defense baseline program in a may prescribe regulations and shall issue conclusion; consolidated/joint school with curricula that guidance in the respective areas of each Sec- whichever occurs earlier. permit services latitude to preserve service- retary to carry out this section. (e) APPROPRIATE CONGRESSIONAL COMMIT- unique culture and a faculty and staff that (d) DEFINITIONS.—In this section: TEES DEFINED.—In this section, the term brings a ‘‘Train as we fight: jointly’’ na- (1) The term ‘‘covered facility or asset’’ ‘‘appropriate congressional committees’’ tional perspective to the learning process. means any facility or asset that— means— (A) is identified by the Secretary of De- (1) the congressional defense committees; SA 921. Mr. MCCAIN (for Mr. RUBIO) fense for purposes of this section; and submitted an amendment intended to (B) is located in the United States (includ- (2) the Committee on Foreign Relations of ing the territories and possessions of the be proposed by Mr. MCCAIN to the bill the Senate and the Committee on Foreign United States); and Affairs of the House of Representatives. H.R. 2810, to authorize appropriations (C) relates to— for fiscal year 2018 for military activi- (i) the nuclear deterrence mission of the SA 924. Mr. MCCAIN (for Mr. RUBIO) ties of the Department of Defense, for Department of Defense, including with re- submitted an amendment intended to military construction, and for defense spect to nuclear command and control, inte- be proposed by Mr. MCCAIN to the bill activities of the Department of Energy, grated tactical warning and attack assess- H.R. 2810, to authorize appropriations to prescribe military personnel ment, and continuity of government; for fiscal year 2018 for military activi- strengths for such fiscal year, and for (ii) the missile defense mission of the De- partment; or ties of the Department of Defense, for other purposes; which was ordered to military construction, and for defense lie on the table; as follows: (iii) the national security space mission of the Department. activities of the Department of Energy, At the appropriate place in title II, insert (2) The terms ‘‘unmanned aircraft system’’ to prescribe military personnel the following: and ‘‘unmanned aircraft’’ have the meaning strengths for such fiscal year, and for SEC. lll. AUTHORITY TO CARRY OUT SEA- given such terms in section 331 of the FAA other purposes; which was ordered to BASED TESTING OF THE ELECTRO- Modernization and Reform Act of 2012 (Pub- MAGNETIC RAILGUN IN THE JOINT lie on the table; as follows: GULF RANGE COMPLEX. lic Law 112–95; 49 U.S.C. 40101 note). At the end of subtitle C of title XII, add (a) AUTHORITY TO CARRY OUT TEST.—Sub- the following: SA 923. Mr. MCCAIN (for Mr. RUBIO) ject to subsection (b), the Secretary of the SEC. llll. REPORT ON USE BY THE GOVERN- Navy may carry out integration testing and submitted an amendment intended to MENT OF IRAN OF COMMERCIAL test-firing of the electromagnetic railgun be proposed by Mr. MCCAIN to the bill AIRCRAFT AND RELATED SERVICES using an existing Navy surface vessel as the H.R. 2810, to authorize appropriations FOR ILLICIT ACTIVITIES. Secretary identifies as necessary for the ad- for fiscal year 2018 for military activi- (a) REPORT.—Not later than 180 days after vancement of naval weaponry. ties of the Department of Defense, for the date of the enactment of this Act, and (b) REQUIREMENT RELATING TO TESTING.— military construction, and for defense every 180 days thereafter, the President, in consultation with the Secretary of Defense, The Secretary may not carry out testing activities of the Department of Energy, under subsection (a) until the Secretary— the Secretary of State, and the Director of (1) identifies a Large Surface Combatant to prescribe military personnel National Intelligence, shall submit to the ap- deemed to be decommissioned within Fiscal strengths for such fiscal year, and for propriate congressional committees a report Year 2018 to be used as a test platform; and other purposes; which was ordered to on use by the Government of Iran of com- (2) completes a study on using the Joint lie on the table; as follows: mercial aircraft and related services for il- Gulf Range Complex as a test environment. At the end of subtitle F of title XII, add licit activities. (c) TEST AUTHORITY.—This section may not the following: (b) ELEMENTS OF REPORT.—The report re- quired under subsection (a) shall include a be construed or interpreted as an authoriza- SEC. lll. REPORT ON MILITARY ACTION OF tion for the Secretary to commence or pro- SAUDI ARABIA AND ITS COALITIONS description of the extent to which— ceed the decommissioning of a Large Surface PARTNERS IN YEMEN. (1) the Government of Iran is using com- Combatant or to utilize any test environ- (a) IN GENERAL.—Not later than 180 days mercial aircraft, including aircraft of Iran ment other than the Joint Gulf Range Com- after the date of the enactment of this Act, Air, or related services to transport illicit plex. and every 180 days thereafter, the Secretary cargo to or from Iran, including military of Defense and the Secretary of State shall goods, weapons, military personnel, mili- SA 922. Mr. MCCAIN (for Mr. RUBIO) jointly submit to the appropriate congres- tary-related electronic parts and mechanical submitted an amendment intended to sional committees a report on military ac- equipment, or rocket or missile components; be proposed by Mr. MCCAIN to the bill tion of Saudi Arabia and its coalitions part- and H.R. 2810, to authorize appropriations ners in Yemen. (2) the commercial aviation sector of Iran, for fiscal year 2018 for military activi- (b) MATTERS TO BE INCLUDED.—The report including Iran Air, is providing financial, required by subsection (a) shall include a de- material, or technological support to the Is- ties of the Department of Defense, for scription of the following: lamic Revolutionary Guard Corps, Iran’s military construction, and for defense (1) The extent to which the Government of Ministry of Defense and Armed Forces Logis- activities of the Department of Energy, Saudi Arabia and its coalition partners in tics, the Bashar al Assad Regime, Hezbollah, to prescribe military personnel Yemen are abiding by their ‘‘No Strike List Hamas, Kata’ib Hezbollah, any organization strengths for such fiscal year, and for and Restricted Target List’’. designated as a foreign terrorist organiza- other purposes; which was ordered to (2) Roles played by United States military tion under section 219 of the Immigration lie on the table; as follows: personnel with respect to operations of such and Nationality Act (8 U.S.C. 1189), or any At the end of subtitle E of title X, add the coalition partners in Yemen. entity designated as a specially designated following: (3) Progress made by the Government of national and blocked person on the list Saudi Arabia in improving its targeting ca- maintained by the Office of Foreign Assets SEC. lll. UNMANNED AIRCRAFT SYSTEMS THAT POSE A THREAT TO THE SAFE- pabilities. Control of the Department of the Treasury. TY OR SECURITY OF CERTAIN DE- (4) Progress made by such coalition part- (c) APPROPRIATE CONGRESSIONAL COMMIT- PARTMENT OF DEFENSE FACILITIES ners to implement the recommendations of TEES DEFINED.—In this section, the term AND ASSETS. the Joint Incident Assessment Team and ‘‘appropriate congressional committees’’ (a) AUTHORITY.—Notwithstanding any pro- participation if any by the United States in means— vision of title 18, United States Code, the the implementation of such recommenda- (1) the Committee on Armed Services, the Secretary of Defense may take, and may au- tions. Committee on Foreign Relations, the Com- thorize the Armed Forces to take, such ac- (5) Progress made toward implementation mittee on Banking, Housing, and Urban Af- tion described in subsection (b) as is nec- of United Nations Security Council Resolu- fairs, and the Select Committee on Intel- essary to mitigate the threat (as defined by tion 2216 (2015) or any successor United Na- ligence of the Senate; and the Secretary of Defense, in consultation tions Security Council resolution relating to (2) the Committee on Armed Services, the with the Secretary of Transportation) that the conflict in Yemen. Committee on Foreign Affairs, the Com- an unmanned aircraft system or unmanned (c) FORM.—The report required by sub- mittee on Financial Services, and the Per- aircraft poses to the safety or security of a section (a) shall be submitted in unclassified manent Select Committee on Intelligence of covered facility or asset. form, but may contain a classified annex. the House of Representatives.

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(d) SUNSET.—This section shall cease to be (C) to encourage the Taipei Economic and South China Sea, China is out of step with effective on the date that is 30 days after the Cultural Representative Office, and any both the international rules and norms that date on which the President certifies to Con- other instrumentality established by Tai- underscore the Asia-Pacific’s security archi- gress that the Government of Iran has ceased wan, to conduct business in the United tecture, and the regional consensus that fa- providing support for acts of international States, including activities that involve par- vors diplomacy and opposes coercion’’. terrorism. ticipation by Members of Congress, officials (4) On July 24, 2015, Admiral Harry Harris, of Federal, State, or local governments of Jr., noted at a forum in Colorado that each SA 925. Mr. MCCAIN (for Mr. RUBIO) the United States, or any high-level official year more than $5,300,000,000,000 in global submitted an amendment intended to of Taiwan. sea-based trade passes through the South be proposed by Mr. MCCAIN to the bill (c) AUTHORITY.—Officials at all levels of China Sea. H.R. 2810, to authorize appropriations the United States Government, including (5) On June 4, 2016, at the Shangri-la Dia- for fiscal year 2018 for military activi- cabinet-level national security officials, gen- logue, Secretary of Defense Ashton Carter ties of the Department of Defense, for eral officers, and other Executive Branch of- stated: ‘‘[T]he United States will stand with ficials, are hereby authorized to travel to regional partners to uphold core principles, military construction, and for defense Taiwan to meet their Taiwanese counter- activities of the Department of Energy, like freedom of navigation and overflight parts. and the peaceful resolution of disputes to prescribe military personnel (d) SEMIANNUAL REPORTS.—Not later than through legal means and in accordance with strengths for such fiscal year, and for 180 days after the date of the enactment of international law. As I affirmed here last other purposes; which was ordered to this Act, and every 180 days thereafter, the year, and America’s Freedom of Navigation lie on the table; as follows: Secretary of State shall submit to the Com- Operations in the South China Sea have At the appropriate place, insert the fol- mittee on Foreign Relations of the Senate demonstrated, the United States will con- lowing: and the Committee on Foreign Affairs of the tinue to fly, sail and operate wherever inter- House of Representatives a report on travel SEC. ll. TAIWAN TRAVEL POLICY. national law allows, so that everyone in the by United States Executive Branch officials (a) FINDINGS.—Congress makes the fol- region can do the same.’’. lowing findings: to Taiwan. (6) On July 12, 2016, the Permanent Court (1) The Taiwan Relations Act (22 U.S.C. of Arbitration’s Tribunal organized pursuant 3301 et seq.), enacted in 1979, has continued SA 926. Mr. McCAIN (for Mr. RUBIO) to the United Nations Convention on the for 37 years to be the cornerstone of rela- submitted an amendment intended to Law of the Sea issued its unanimous award tions between the United States and Taiwan be proposed by Mr. MCCain to the bill in the arbitration instituted by Republic of and has served as an anchor for peace and se- H.R. 2810, to authorize appropriations the Philippines against the People’s Repub- curity in the Western Pacific area. for fiscal year 2018 for military activi- lic of China. The Tribunal noted that its (2) The Taiwan Relations Act declares that ties of the Department of Defense, for award is final and binding under that Con- peace and stability in the Western Pacific military construction, and for defense vention. area are in the political, security, and eco- activities of the Department of Energy, (7) Also according to the award, the Tri- nomic interests of the United States and are bunal ‘‘concluded that, to the extent China matters of international concern. to prescribe military personnel had historical rights to resources in the (3) The United States considers any effort strengths for such fiscal year, and for waters of the South China Sea, such rights to determine the future of Taiwan by other other purposes; which was ordered to were extinguished to the extent they were than peaceful means, including by boycotts lie on the table; as follows: incompatible with the exclusive economic or embargoes, a threat to the peace and secu- At the appropriate place, insert the fol- zones provided for in the Convention. The rity of the Western Pacific and of grave con- lowing: Tribunal concluded that there was no legal basis for China to claim historic rights to re- cern to the United States. Subtitle ll—South China Sea and East sources within the sea areas falling within (4) Taiwan has succeeded in a momentous China Sea Sanctions Act of 2017 transition to democracy beginning in the the ‘nine-dash line’.’’. late 1980s and has been a beacon of demo- SEC. ll01. SHORT TITLE. (8) Also according to the award, the Tri- cratic practices in Asia, and Taiwan’s demo- This subtitle may be cited as the ‘‘South bunal ‘‘held that the Spratly Islands cannot cratic achievements inspire many countries China Sea and East China Sea Sanctions Act generate maritime zones collectively as a and people in the region. of 2017’’. unit. Having found that none of the features (5) Visits to a country by United States SEC. ll02. FINDINGS. claimed by China was capable of generating cabinet members and other high-ranking of- Congress makes the following findings: an exclusive economic zone, the Tribunal ficials are an indicator of the breadth and (1) According to the Asia-Pacific Maritime found that it could—without delimiting a depth of ties between the United States and Security Strategy issued by the Department boundary—declare that certain sea areas are that country. of Defense in August 2015, ‘‘Although the within the exclusive economic zone of the (6) Since the enactment of the Taiwan Re- United States takes no position on com- Philippines, because those areas are not lations Act, relations between the United peting sovereignty claims to land features in overlapped by any possible entitlement of States and Taiwan have suffered from insuf- the region, all such claims must be based China.’’. ficient high-level communication due to the upon land (which in the case of islands (9) Also according to the award, the Tri- self-imposed restrictions that the United means naturally formed areas of land that bunal ‘‘found that China had violated the States maintains on high-level visits with are above water at high tide), and all mari- Philippines’ sovereign rights in its exclusive Taiwan. time claims must derive from such land in economic zone by (a) interfering with Phil- (b) SENSE OF CONGRESS; STATEMENT OF POL- accordance with international law.’’. ippine fishing and petroleum exploration, (b) ICY.— (2) According to the annual report of the constructing artificial islands and (c) failing (1) SENSE OF CONGRESS.—It is the sense of Department of Defense to Congress on the to prevent Chinese fishermen from fishing in Congress that the United States Government military power of the People’s Republic of the zone. The Tribunal also held that fisher- should not place any restrictions on the China submitted in April 2016, ‘‘Throughout men from the Philippines (like those from travel of officials at any level of the United 2015, China continued to assert sovereignty China) had traditional fishing rights at Scar- States Government to Taiwan to meet their claims over features in the East and South borough Shoal and that China had interfered Taiwanese counterparts or on the travel of China Seas. In the East China Sea, China with these rights in restricting access. The high-level officials of Taiwan to enter the continued to use maritime law enforcement Tribunal further held that Chinese law en- United States to meet with officials of the ships and aircraft to patrol near the forcement vessels had unlawfully created a United States. Senkaku (Diaoyu) Islands in order to chal- serious risk of collision when they physically (2) STATEMENT OF POLICY.—It should be the lenge Japan’s claim. In the South China Sea, obstructed Philippine vessels.’’. policy of the United States— China paused its land reclamation effort in (10) On July 12, 2016, the Ministry of For- (A) to allow officials at all levels of the the Spratly Islands in late 2015 after adding eign Affairs of the People’s Republic of United States Government, including cabi- more than 3,200 acres of land to the seven China issued a statement that China ‘‘de- net-level national security officials, general features it occupies in the archipelago. Al- clares that the [Tribunal] award is null and officers, and other Executive Branch offi- though these artificial islands do not provide void and has no binding force. China neither cials, to travel to Taiwan to meet their Tai- China with any additional territorial or mar- accepts nor recognizes it. . . . China’s terri- wanese counterparts; itime rights within the South China Sea, torial sovereignty and maritime rights and (B) to allow high-level officials of Taiwan China will be able to use them as persistent interests in the South China Sea shall under to enter the United States, under conditions civil-military bases to enhance its long-term no circumstances be affected by those that demonstrate appropriate respect for the presence in the South China Sea signifi- awards. China opposes and will never accept dignity of such officials, and to meet with of- cantly.’’. any claim or action based on those awards.’’. ficials of the United States, including offi- (3) On May 30, 2015, at the Shangri-la Dia- (11) On July 12, 2016, the Government of the cials from the Department of State and the logue of the International Institute for Stra- People’s Republic of China issued the fifth Department of Defense and other cabinet tegic Studies, Secretary of Defense Ashton statement in the name of that Government agencies; and Carter stated that ‘‘with its actions in the since 1979 that—

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.062 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5149 (A) stated that the People’s Republic of (A) the Committee on Foreign Relations, free use of waters and airspace in the South China has sovereignty over the 4 rocks and the Committee on Armed Services, the Com- China Sea or East China Sea; shoals in the South China Sea; mittee on Banking, Housing, and Urban Af- (D) opposes actions by the government of (B) claims internal waters, territorial seas, fairs, and the Select Committee on Intel- any country to prevent any other country contiguous zones, one or more exclusive eco- ligence of the Senate; and from exercising its sovereign rights to the nomic zones, and a continental shelf based (B) the Committee on Foreign Affairs, the resources of the exclusive economic zone and on that sovereignty claim; and Committee on Armed Services, the Com- continental shelf by making claims that (C) continues to claim historic rights in mittee on Financial Services, and the Per- have no support in international law; and the South China Sea. manent Select Committee on Intelligence of (E) upholds the principle that territorial (12) On July 12, 2016, Assistant Secretary of the House of Representatives. and maritime claims, including with respect State and Department of State Spokesperson (4) CHINESE PERSON.—The term ‘‘Chinese to territorial waters or territorial seas, must John Kirby noted that the ‘‘United States person’’ means— be derived from land features and otherwise strongly supports the rule of law. We support (A) an individual who is a citizen or na- comport with international law; efforts to resolve territorial and maritime tional of the People’s Republic of China; or (2) the People’s Republic of China should disputes in the South China Sea peacefully, (B) an entity organized under the laws of not continue to pursue illegitimate claims including through arbitration. . . . we urge the People’s Republic of China or otherwise and to militarize an area that is essential to all claimants to avoid provocative state- subject to the jurisdiction of the Govern- global security; ments or actions. This decision can and ment of the People’s Republic of China. (3) the United States should— should serve as a new opportunity to renew (5) FINANCIAL INSTITUTION.—The term ‘‘fi- (A) continue and expand freedom of naviga- efforts to address maritime disputes peace- nancial institution’’ means a financial insti- tion operations and overflights; fully.’’. tution specified in subparagraph (A), (B), (C), (B) reconsider the traditional policy of not (13) On July 13, 2016, the Vice Foreign Min- (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), taking a position on individual claims; and ister of the People’s Republic of China, Liu (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of (C) respond to provocations by the People’s Zhenmin, said that declaring an air defense title 31, United States Code. Republic of China with commensurate ac- identification zone in the South China Sea (6) FOREIGN FINANCIAL INSTITUTION.—The tions that impose costs on any attempts to would depend on the threat China faces and term ‘‘foreign financial institution’’ has the undermine security in the region; stated that ‘‘[i]f our security is threatened, meaning given that term in section 1010.605 (4) the Senkaku Islands are covered by Ar- we of course have the right to set it up’’. of title 31, Code of Federal Regulations (or ticle V of the Mutual Defense Assistance (14) On July 18, 2016, the People’s Libera- any corresponding similar regulation or rul- Agreement, with Annexes, signed at Tokyo tion Army Air Force of the People’s Republic ing). March 8, 1954 (5 UST 661), between the United of China stated that it had conducted a (7) KNOWINGLY.—The term ‘‘knowingly’’, States and Japan; and ‘‘combat air patrol’’ over the South China with respect to conduct, a circumstance, or a (5) the United States should firmly oppose Sea and that it would become ‘‘regular prac- result, means that a person has actual any unilateral actions by the People’s Re- tice’’ in the future. A spokesperson stated knowledge, or should have known, of the public of China that seek to undermine Ja- that the People’s Liberation Army Air Force conduct, the circumstance, or the result. pan’s control of the Senkaku Islands. ‘‘will firmly defend national sovereignty, se- (8) PERSON.—The term ‘‘person’’ means any SEC. ll06. SANCTIONS WITH RESPECT TO CHI- curity and maritime interests, safeguard re- individual or entity. NESE PERSONS RESPONSIBLE FOR gional peace and stability, and cope with (9) UNITED STATES PERSON.—The term CHINA’S ACTIVITIES IN THE SOUTH various threats and challenges’’. ‘‘United States person’’ means— CHINA SEA AND THE EAST CHINA SEA. (15) On August 2, 2016, the Supreme Peo- (A) a United States citizen or an alien law- (a) INITIAL IMPOSITION OF SANCTIONS.—On ple’s Court of the People’s Republic of China fully admitted for permanent residence to the United States; or and after the date that is 60 days after the issued a judicial interpretation that people date of the enactment of this Act, the Presi- caught illegally fishing in Chinese waters (B) an entity organized under the laws of the United States or of any jurisdiction dent shall impose the sanctions described in could be jailed for up to one year. subsection (b) with respect to— (16) In the Agreement concerning the Ryu- within the United States, including a foreign branch of such an entity. (1) any Chinese person that contributes to kyu Islands and the Daito Islands with Re- construction or development projects, in- lated Arrangements, signed at Washington SEC. ll04. POLICY OF THE UNITED STATES WITH RESPECT TO THE SOUTH cluding land reclamation, island-making, and Tokyo June 17, 1971 (23 UST 446), be- lighthouse construction, building of base sta- tween the United States and Japan (com- CHINA SEA AND THE EAST CHINA SEA. tions for mobile communications services, monly referred to as the ‘‘Okinawa Rever- It is the policy of the United States— building of electricity and fuel supply facili- sion Treaty’’), the United States agreed to (1) to support the principle that disputes ties, or civil infrastructure projects, in areas apply the Treaty of Mutual Cooperation and between countries should be resolved peace- of the South China Sea contested by one or Security, with Agreed Minute and Exchanges fully consistent with international law; more members of the Association of South- of Notes (11 UST 1632), signed at Washington (2) to reaffirm its unwavering commitment east Asian Nations; January 19, 1961, between the United States and support for allies and partners in the (2) any Chinese person that is responsible and Japan, to the area covered by the Oki- Asia-Pacific region, including longstanding for or complicit in, or has engaged in, di- nawa Reversion Treaty, including the United States policy— rectly or indirectly, actions or policies that Senkaku Islands. (A) regarding Article V of the Mutual De- threaten the peace, security, or stability of (17) In April 2014, President Barack Obama fense Treaty, signed at Washington August areas of the South China Sea contested by stated, ‘‘The policy of the United States is 30, 1951 (3 UST 3947), between the United one or more members of the Association of clear—the Senkaku Islands are administered States and the Philippines; and Southeast Asian Nations or areas of the East by Japan and therefore fall within the scope (B) that Article V of the Mutual Defense China Sea administered by Japan or the Re- of Article 5 of the U.S.-Japan Treaty of Mu- Assistance Agreement, with Annexes, signed public of Korea, including through the use of tual Cooperation and Security. And we op- at Tokyo March 8, 1954 (5 UST 661), between vessels and aircraft to impose the sov- pose any unilateral attempts to undermine the United States and Japan, applies to the ereignty of the People’s Republic of China in Japan’s administration of these islands.’’. Senkaku Islands, which are administered by those areas; (18) In February 2017, President Donald Japan; and (3) any Chinese person that engages, or at- Trump and Japanese Prime Minister Shinzo (3) to support the principle of freedom of tempts to engage, in an activity or trans- Abe issued a joint statement that ‘‘affirmed navigation and overflight and to continue to action that materially contributes to, or that Article V of the U.S.-Japan Treaty of use the sea and airspace wherever inter- poses a risk of materially contributing to, an Mutual Cooperation and Security covers the national law allows. activity described in paragraph (1) or (2); and Senkaku Islands’’. SEC. ll05. SENSE OF CONGRESS WITH RESPECT (4) any person that— SEC. ll03. DEFINITIONS. TO THE SOUTH CHINA SEA AND THE (A) is owned or controlled by a person de- In this subtitle: EAST CHINA SEA. scribed in paragraph (1), (2), or (3); (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- It is the sense of Congress that— (B) is acting for or on behalf of such a per- ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- (1) the United States— son; or count’’, ‘‘correspondent account’’, and ‘‘pay- (A) opposes all claims in the maritime do- (C) provides, or attempts to provide— able-through account’’ have the meanings mains that impinges on the rights, freedoms, (i) financial, material, technological, or given those terms in section 5318A of title 31, and lawful use of the seas that belong to all other support to a person described in para- United States Code. countries; graph (1), (2), or (3); or (2) ALIEN.—The term ‘‘alien’’ has the (B) opposes unilateral actions by the gov- (ii) goods or services in support of an activ- meaning given that term in section 101(a) of ernment of any country seeking to change ity described in paragraph (1), (2), or (3). the Immigration and Nationality Act (8 the status quo in the South China Sea (b) SANCTIONS DESCRIBED.— U.S.C. 1101(a)). through the use of coercion, intimidation, or (1) BLOCKING OF PROPERTY.—The President (3) APPROPRIATE CONGRESSIONAL COMMIT- military force; shall block, in accordance with the Inter- TEES.—The term ‘‘appropriate congressional (C) opposes actions by the government of national Emergency Economic Powers Act committees’’ means— any country to interfere in any way in the (50 U.S.C. 1701 et seq.), all transactions in all

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property and interests in property of any (B) FORM OF REPORT.—The report required the position of the United States that the person subject to subsection (a) if such prop- by subparagraph (A) shall be submitted in territory or airspace in the South China Sea erty and interests in property are in the unclassified form, but may include a classi- contested by one or more members of the As- United States, come within the United fied annex. sociation of Southeast Asian Nations or the States, or are or come within the possession SEC. ll07. DETERMINATIONS AND REPORT ON territory or airspace of areas of the East or control of a United States person. CHINESE COMPANIES ACTIVE IN China Sea administered by Japan or the Re- (2) EXCLUSION FROM UNITED STATES.—The THE SOUTH CHINA SEA AND THE public of Korea is part of the territory or air- Secretary of State shall deny a visa to, and EAST CHINA SEA. space of the People’s Republic of China. N ENERAL the Secretary of Homeland Security shall ex- (a) I G .—The Secretary of State SEC. ll09. PROHIBITION ON FACILITATING CER- clude from the United States, any person shall submit to the appropriate congres- TAIN INVESTMENTS IN THE SOUTH subject to subsection (a) that is an alien. sional committees a report that identifies CHINA SEA OR THE EAST CHINA SEA. (3) CURRENT VISA REVOKED.—The issuing each Chinese person the Secretary deter- (a) IN GENERAL.—No United States person consular officer, the Secretary of State, or mines is engaged in the activities described may take any action to approve, facilitate, the Secretary of Homeland Security (or a in section ll06(a). finance, or guarantee any investment, pro- designee of one of such Secretaries) shall re- (b) CONSIDERATION.—In preparing the re- vide insurance, or underwriting in the South voke any visa or other entry documentation port required under subsection (a), the Sec- China Sea or the East China Sea that in- issued to any person subject to subsection (a) retary of State shall make specific findings volves any person with respect to which that is an alien, regardless of when issued. with respect to whether each of the following sanctions are imposed under section The revocation shall take effect immediately persons is involved in the activities de- ll06(a). and shall automatically cancel any other scribed in section ll06(a): (b) ENFORCEMENT.—The Secretary of the valid visa or entry documentation that is in (1) CCCC Tianjin Dredging Co., Ltd. Treasury, in consultation with the Secretary the alien’s possession. (2) CCCC Dredging (Group) Company, Ltd. of State, is authorized to take such actions, (3) China Communications Construction (c) EXCEPTIONS; PENALTIES.— including the promulgation of such rules and Company (CCCC), Ltd. (1) INAPPLICABILITY OF NATIONAL EMER- regulations, as may be necessary to carry (4) China Petroleum Corporation (Sinopec GENCY REQUIREMENT.—The requirements of out the purposes of this section. Group). section 202 of the International Emergency (c) PENALTIES.—The penalties provided for (5) China Mobile. Economic Powers Act (50 U.S.C. 1701) shall in subsections (b) and (c) of section 206 of the (6) China Telecom. not apply for purposes of subsection (b)(1). International Emergency Economic Powers (7) China Southern Power Grid. Act (50 U.S.C. 1705) shall apply to a person (2) COMPLIANCE WITH UNITED NATIONS HEAD- (8) CNFC Guangzhou Harbor Engineering that violates, attempts to violate, conspires QUARTERS AGREEMENT.—Paragraphs (2) and Company. (3) of subsection (b) shall not apply if admis- to violate, or causes a violation of regula- (9) Zhanjiang South Project Construction sion to the United States is necessary to per- tions prescribed under this section to the Bureau. mit the United States to comply with the same extent that such penalties apply to a (10) Hubei Jiangtian Construction Group. Agreement regarding the Headquarters of person that commits an unlawful act de- (11) China Harbour Engineering Company the United Nations, signed at Lake Success scribed in subsection (a) of such section 206. (CHEC). (d) EXCEPTION.—Subsection (a) shall not June 26, 1947, and entered into force Novem- (12) Guangdong Navigation Group (GNG) apply with respect to humanitarian assist- ber 21, 1947, between the United Nations and Ocean Shipping. ance, disaster assistance, or emergency food the United States. (13) Shanghai Leading Energy Shipping. assistance. (3) PENALTIES.—The penalties provided for (14) China National Offshore Oil Corpora- in subsections (b) and (c) of section 206 of the SEC. ll10. DEPARTMENT OF JUSTICE AFFIRMA- tion (CNOOC). TION OF NON-RECOGNITION OF AN- International Emergency Economic Powers (15) China Oilfield Services Limited NEXATION. Act (50 U.S.C. 1705) shall apply to a person (COSL). In any matter before any United States that violates, attempts to violate, conspires (16) China Precision Machinery Import/Ex- court, upon request of the court or any party to violate, or causes a violation of regula- port Corporation (CPMIEC). to the matter, the Attorney General shall af- tions prescribed under subsection (b)(1) to (17) China Aerospace Science and Industry firm the United States policy of not recog- the same extent that such penalties apply to Corporation (CASIC). nizing the de jure or de facto sovereignty of a person that commits an unlawful act de- (18) Aviation Industry Corporation of the People’s Republic of China over territory scribed in subsection (a) of such section 206. China (AVIC). or airspace contested by one or more mem- (d) ADDITIONAL IMPOSITION OF SANCTIONS.— (19) Shenyang Aircraft Corporation. bers of the Association of Southeast Asian (1) IN GENERAL.—The President shall pro- (20) Shaanxi Aircraft Corporation. Nations in the South China Sea or the terri- hibit the opening, and prohibit or impose (21) China Ocean Shipping (Group) Com- tory or airspace of areas of the East China strict conditions on the maintaining, in the pany (COSCO). Sea administered by Japan or the Republic United States of a correspondent account or (22) China Southern Airlines. of Korea. a payable-through account by a foreign fi- (23) Zhan Chaoying. SEC. ll11. NON-RECOGNITION OF CHINESE SOV- nancial institution that the President deter- (24) Sany Group. EREIGNTY OVER THE SOUTH CHINA mines knowingly, on or after the date that is (25) Chinese persons affiliated with any of SEA OR THE EAST CHINA SEA. 60 days after the date of the enactment of the entities specified in paragraphs (1) (a) UNITED STATES ARMED FORCES.—The this Act, conducts or facilitates a significant through (24). Secretary of Defense may not take any ac- financial transaction for a person subject to (c) SUBMISSION AND FORM.— tion, including any movement of aircraft or subsection (a) if the Director of National In- (1) SUBMISSION.—The report required by vessels that implies recognition of the sov- telligence determines that the Government subsection (a) shall be submitted not later ereignty of the People’s Republic of China of the People’s Republic of China has— than 60 days after the date of the enactment over territory or airspace contested by one (A) declared an air defense identification of this Act and every 180 days thereafter or more members of the Association of zone over any part of the South China Sea; until the date that is 3 years after the date Southeast Asian Nations in the South China (B) initiated reclamation work at another of the enactment of this Act. Sea or the territory or airspace of areas of disputed location in the South China Sea, (2) FORM.—The report required by sub- the East China Sea administered by Japan or such as at Scarborough Shoal; section (a) shall be submitted in unclassified the Republic of Korea. (C) seized control of Second Thomas Shoal; form, but may include a classified annex if (b) UNITED STATES FLAGGED VESSELS.—No (D) deployed surface-to-air missiles to any the Secretary of State determines it is nec- vessel that is issued a certificate of docu- of the artificial islands the People’s Republic essary for the national security interests of mentation under chapter 121 of title 46, of China has built in the Spratly Island the United States to do so. United States Code, may take any action chain, including Fiery Cross, Mischief, or (3) PUBLIC AVAILABILITY.—The Secretary of that implies recognition of the sovereignty Subi Reefs; State shall publish the unclassified part of of the People’s Republic of China over terri- (E) established territorial baselines around the report required by subsection (a) on a tory or airspace contested by one or more the Spratly Island chain; publicly available website of the Department members of the Association of Southeast (F) increased harassment of Philippine ves- of State. Asian Nations in the South China Sea or the sels; or SEC. ll08. PROHIBITION AGAINST DOCUMENTS territory or airspace of areas of the East (G) increased provocative actions against PORTRAYING THE SOUTH CHINA SEA China Sea administered by Japan or the Re- the Japanese Coast Guard or Maritime Self- OR THE EAST CHINA SEA AS PART public of Korea. Defense Force or United States forces in the OF CHINA. (c) UNITED STATES AIRCRAFT.—No aircraft East China Sea. The Government Publishing Office may operated by an air carrier that holds an air (2) REPORT.— not publish any map, document, record, elec- carrier certificate issued under chapter 411 of (A) IN GENERAL.—The determination of the tronic resource, or other paper of the United title 49, United States Code, may take any Director of National Intelligence referred to States (other than materials relating to action that implies recognition of the sov- in paragraph (1) shall be submitted in a re- hearings held by committees of Congress or ereignty of the People’s Republic of China port to the President and the appropriate internal work product of a Federal agency) over territory or airspace contested by one congressional committees. portraying or otherwise indicating that it is or more members of the Association of

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.060 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5151 Southeast Asian Nations in the South China (3) Each academic institution that awards activities of the Department of Energy, Sea or the territory or airspace of areas of an equivalent postsecondary credit or tech- to prescribe military personnel the East China Sea administered by Japan or nical certification for such skills, includ- strengths for such fiscal year, and for the Republic of Korea. ing— other purposes; which was ordered to (A) each such academic institution’s status SEC. ll12. PROHIBITION ON CERTAIN ASSIST- lie on the table; as follows: ANCE TO COUNTRIES THAT RECOG- as a public or private institution, and as a NIZE CHINESE SOVEREIGNTY OVER non-profit or for-profit institution; and At the appropriate place, insert the fol- THE SOUTH CHINA SEA OR THE (B) the number of veterans that applied to lowing: EAST CHINA SEA. such academic institution who were able to SEC. ll. IMPOSITION OF SANCTIONS WITH RE- (a) PROHIBITION.—Except as provided by receive equivalent postsecondary credits or SPECT TO CERTAIN FOREIGN PER- subsection (c) or (d), no amounts may be ob- technical certifications in the preceding fis- SONS THREATENING PEACE OR STA- BILITY IN IRAQ AND SYRIA. ligated or expended to provide foreign assist- cal year, and the academic level of the cred- ance to the government of any country iden- (a) SANCTIONS REQUIRED.—The President its or certifications. shall impose the sanctions described in sub- tified in a report required by subsection (b). (4) The number of members of the armed (b) REPORT REQUIRED.— section (b)(1) with respect to any foreign per- forces who left the military in the preceding son that— (1) IN GENERAL.—Not later than 60 days fiscal year, and the number of such members after the date of the enactment of this Act, (1) is responsible for or complicit in, or to who met with an academic or technical have engaged in, directly or indirectly— and every 180 days thereafter until the date training advisor as part of the member’s par- that is 3 years after such date of enactment, (A) actions that threaten the peace, secu- ticipation in the Transition Assistance Pro- rity, or stability of Iraq or Syria; the Secretary of State shall submit to the gram of the Department of Defense. appropriate congressional committees a re- (B) actions or policies that undermine ef- port identifying each country that the Sec- forts to promote economic reconstruction SA 928. Mr. MCCAIN (for Mr. RUBIO) and political reform in Iraq; or retary determines recognizes, after the date submitted an amendment intended to of the enactment of this Act, the sovereignty (C) the obstruction of the delivery or dis- of the People’s Republic of China over terri- be proposed by Mr. MCCAIN to the bill tribution of, or access to, humanitarian as- tory or airspace contested by one or more H.R. 2810, to authorize appropriations sistance to the people of Iraq or Syria; members of the Association of Southeast for fiscal year 2018 for military activi- (2) has materially assisted, sponsored, or Asian Nations in the South China Sea or the ties of the Department of Defense, for provided financial, material, or techno- territory or airspace of areas of the East military construction, and for defense logical support for, or goods or services to or China Sea administered by Japan or the Re- activities of the Department of Energy, in support of, any activity described in sub- public of Korea. paragraph (A), (B), or (C) of paragraph (1); or to prescribe military personnel (3) is owned or controlled by, or has acted (2) FORM.—The report required by para- strengths for such fiscal year, and for graph (1) shall be submitted in unclassified or purported to act for or on behalf of, di- form, but may include a classified annex if other purposes; which was ordered to rectly or indirectly, a foreign person that the Secretary of State determines it is nec- lie on the table; as follows: has carried out any activity described in sub- essary for the national security interests of At the appropriate place, insert the fol- paragraph (A), (B), or (C) of paragraph (1) or the United States to do so. lowing: paragraph (2). (b) SANCTIONS DESCRIBED.— (3) PUBLIC AVAILABILITY.—The Secretary of SEC. ll. REPORT ON IRANIAN ACTIVITIES IN State shall publish the unclassified part of IRAQ AND SYRIA. (1) IN GENERAL.—The sanctions described in this subsection are the following: the report required by paragraph (1) on a (a) REPORT.—Not later than 60 days after publicly available website of the Department the date of the enactment of this Act, and (A) ASSET BLOCKING.—The President shall of State. every 180 days thereafter for a period not to block, in accordance with the International Emergency Economic Powers Act (50 U.S.C. (c) EXCEPTION.—This section shall not exceed 5 years, the President shall submit to apply with respect to Taiwan, humanitarian the appropriate congressional committees a 1701 et seq.), all transactions in all property assistance, disaster assistance, emergency report on Iranian activities in Iraq and and interests in property of a person subject food assistance, or the Peace Corps. Syria. to subsection (a) if such property and inter- ests in property are in the United States, (d) WAIVER.—The President may waive the (b) MATTERS TO BE INCLUDED.—The report application of subsection (a) with respect to required by subsection (a) shall include— come within the United States, or are or the government of a country if the President (1) a description of Iran’s support for— come within the possession or control of a determines that the waiver is in the national (A) Iraqi militias or political parties, in- United States person. interests of the United States. cluding weapons, financing, and other forms (B) ALIENS INELIGIBLE FOR VISAS, ADMIS- of material support; and SION, OR PAROLE.— (i) EXCLUSION FROM THE UNITED STATES.— SA 927. Mr. MCCAIN (for Mr. RUBIO) (B) the regime of Bashar al-Assad in Syria; submitted an amendment intended to and The Secretary of State shall deny a visa to, (2) a list of referrals to the relevant United and the Secretary of Homeland Security be proposed by Mr. MCCAIN to the bill shall exclude from the United States, any H.R. 2810, to authorize appropriations Nations Security Council sanctions commit- tees by the United States Permanent Rep- person subject to subsection (a) that is an for fiscal year 2018 for military activi- resentative to the United Nations. alien. ties of the Department of Defense, for (c) FORM.—The President may submit the (ii) CURRENT VISAS REVOKED.— military construction, and for defense report required by subsection (a) in classified (I) IN GENERAL.—The issuing consular offi- activities of the Department of Energy, form if the President determines that it is cer, the Secretary of State, or the Secretary to prescribe military personnel necessary for the national security interests of Homeland Security (or a designee of one of strengths for such fiscal year, and for of the United States to do so. such Secretaries) shall revoke any visa or (d) APPROPRIATE CONGRESSIONAL COMMIT- other entry documentation issued to an alien other purposes; which was ordered to subject to subsection (a), regardless of when lie on the table; as follows: TEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ issued. At the end of subtitle D of title V, add the means— (II) EFFECT OF REVOCATION.—A revocation following: (1) the Committee on Foreign Affairs, the under subclause (I) shall take effect imme- SEC. ll. REPORT ON AVAILABILITY OF POST- Permanent Select Committee on Intel- diately and shall automatically cancel any SECONDARY CREDIT FOR SKILLS AC- ligence, the Committee on Armed Services, other valid visa or entry documentation that QUIRED DURING MILITARY SERVICE. the Committee on Ways and Means, and the is in the alien’s possession. Not later than 60 days after the date of en- Committee on Financial Services of the (2) INAPPLICABILITY OF NATIONAL EMER- actment of this Act, the Secretary of De- House of Representatives; and GENCY REQUIREMENT.—The requirements of fense, in consultation with the Secretaries of (2) the Committee on Foreign Relations, section 202 of the International Emergency Veterans Affairs, Education, and Labor, the Select Committee on Intelligence, the Economic Powers Act (50 U.S.C. 1701) shall shall submit to Congress a report on the Committee on Armed Services, the Com- not apply for purposes of the imposition of transfer of skills into equivalent postsec- mittee on Finance, and the Committee on sanctions under this section. ondary credits or technical certifications for Banking, Housing, and Urban Affairs of the (3) PENALTIES.—A person that violates, at- members of the armed forces leaving the Senate. tempts to violate, conspires to violate, or military. Such report shall describe each the causes a violation of paragraph (1)(A) or any following: SA 929. Mr. MCCAIN (for Mr. RUBIO) regulation, license, or order issued to carry (1) Each skill that may be acquired during submitted an amendment intended to out that paragraph shall be subject to the military service that is eligible for transfer penalties set forth in subsections (b) and (c) be proposed by Mr. MCCAIN to the bill into an equivalent postsecondary credit or of section 206 of the International Emer- technical certification. H.R. 2810, to authorize appropriations gency Economic Powers Act (50 U.S.C. 1705) (2) The academic level of the equivalent for fiscal year 2018 for military activi- to the same extent as a person that commits postsecondary credit or technical certifi- ties of the Department of Defense, for an unlawful act described in subsection (a) of cation for each such skill. military construction, and for defense that section.

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(4) EXCEPTION TO COMPLY WITH UNITED NA- (5) GOVERNMENT OF SYRIA.—The term ‘‘Gov- tunity to comment in writing to each entity TIONS HEADQUARTERS AGREEMENT.—Sanctions ernment of Syria’’ has the meaning given to which a measure is to be applied. If the under paragraph (1)(B) shall not apply to an that term in section 542.305 of title 31, Code entity demonstrates to the State or local alien if admitting the alien into the United of Federal Regulations (or any corresponding government that the entity has not engaged States is necessary to permit the United similar regulation or ruling). in a commerce-related or investment-related States to comply with the Agreement re- (6) KNOWINGLY.—The term ‘‘knowingly’’, boycott, divestment, or sanctions activity garding the Headquarters of the United Na- with respect to conduct, a circumstance, or a targeting Israel, the measure shall not apply tions, signed at Lake Success June 26, 1947, result, means that a person has actual to the entity. and entered into force November 21, 1947, be- knowledge, or should have known, of the (4) SENSE OF CONGRESS ON AVOIDING ERRO- tween the United Nations and the United conduct, the circumstance, or the result. NEOUS TARGETING.—It is the sense of Con- States, or other applicable international ob- (7) PERSON.—The term ‘‘person’’ means an gress that a State or local government ligations. individual or entity. should not adopt a measure under subsection (c) WAIVER.— (8) PROPERTY; PROPERTY INTEREST.—The (a) with respect to an entity unless the State (1) IN GENERAL.—The President may, on a terms ‘‘property’’ and ‘‘property interest’’ or local government has made every effort to case-by-case basis and for periods not to ex- have the meanings given those terms in sec- avoid erroneously targeting the entity and ceed 180 days, waive the application of sanc- tion 576.312 of title 31, Code of Federal Regu- has verified that the entity engages in a tions under this section with respect to a lations (or any corresponding similar regula- commerce-related or investment-related foreign person, and may renew the waiver for tion or ruling). boycott, divestment, or sanctions activity additional periods of not more than 180 days, (9) UNITED STATES PERSON.—The term targeting Israel. if the President determines and reports to ‘‘United States person’’ has the meaning (c) NOTICE TO DEPARTMENT OF JUSTICE.— the appropriate congressional committees at given that term in section 576.319 of title 31, (1) IN GENERAL.—Except as provided in least 15 days before the waiver or renewal of Code of Federal Regulations (or any cor- paragraph (2), not later than 30 days after the waiver is to take effect that the waiver responding similar regulation or ruling). adopting a measure described in subsection is vital to the national security interests of (g) SUNSET.—This section shall cease to be (a), the State or local government that the United States. effective beginning on January 1, 2022. adopted the measure shall submit written (2) FORM OF REPORT.—A report submitted notice to the Attorney General describing under paragraph (1) shall be submitted in un- SA 930. Mr. MCCAIN (for Mr. RUBIO) the measure. classified form but may include a classified submitted an amendment intended to (2) EXISTING MEASURES.—With respect to annex. be proposed by Mr. MCCAIN to the bill measures described in subsection (a) adopted (3) SUNSET.—The provisions of this sub- H.R. 2810, to authorize appropriations before the date of the enactment of this Act, section and any waivers issued pursuant to for fiscal year 2018 for military activi- the State or local government that adopted this subsection shall terminate on the date the measure shall submit written notice to ties of the Department of Defense, for the Attorney General describing the measure that is 3 years after the date of the enact- military construction, and for defense ment of this Act. not later than 30 days after the date of the activities of the Department of Energy, (d) IMPLEMENTATION AUTHORITY.—The enactment of this Act. President may exercise all authorities pro- to prescribe military personnel (d) NONPREEMPTION.—A measure of a State vided to the President under sections 203 and strengths for such fiscal year, and for or local government that is consistent with 205 of the International Emergency Eco- other purposes; which was ordered to subsection (a) is not preempted by any Fed- nomic Powers Act (50 U.S.C. 1702 and 1704) lie on the table; as follows: eral law. (e) EFFECTIVE DATE.—This section applies for purposes of carrying out this section. At the appropriate place, insert the fol- to any measure adopted by a State or local (e) REGULATORY AUTHORITY.— lowing: government before, on, or after the date of (1) IN GENERAL.—The President shall, not Subtitle ll—Combating BDS Act of 2017 the enactment of this Act. later than 90 days after the date of the enact- SEC. ll01. SHORT TITLE. (f) PRIOR ENACTED MEASURES.— ment of this Act, promulgate regulations as (1) IN GENERAL.—Notwithstanding any necessary for the implementation of this sec- This subtitle may be cited as the ‘‘Com- bating BDS Act of 2017’’. other provision of this section or any other tion. provision of law, and except as provided in SEC. ll02. NONPREEMPTION OF MEASURES BY (2) NOTIFICATION TO CONGRESS.—Not less paragraph (2), a State or local government than 10 days before the promulgation of reg- STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT may enforce a measure described in sub- ulations under paragraph (1), the President ENGAGE IN CERTAIN BOYCOTT, DI- section (a) adopted by the State or local gov- shall notify and provide to the appropriate VESTMENT, OR SANCTIONS ACTIVI- ernment before the date of the enactment of congressional committees the proposed regu- TIES TARGETING ISRAEL. this Act without regard to the requirements lations and the provisions of this Act and the (a) STATE AND LOCAL MEASURES.—Notwith- of subsection (b). amendments made by this Act that the regu- standing any other provision of law, a State (2) APPLICATION OF NOTICE AND OPPOR- lations are implementing. or local government may adopt and enforce TUNITY FOR COMMENT.—A measure described (f) DEFINITIONS.—In this section: measures that meet the requirements of sub- in paragraph (1) shall be subject to the re- (1) ADMITTED; ALIEN.—The terms ‘‘admit- section (b) to divest the assets of the State quirements of subsection (b) on and after the ted’’ and ‘‘alien’’ have the meanings given or local government from, prohibit invest- date that is 2 years after the date of the en- those terms in section 101(a) of the Immigra- ment of the assets of the State or local gov- actment of this Act. tion and Nationality Act (8 U.S.C. 1101(a)). ernment in, or restrict contracting by the (g) RULES OF CONSTRUCTION.— (2) APPROPRIATE CONGRESSIONAL COMMIT- State or local government for goods and (1) AUTHORITY OF STATES.—Nothing in this TEES.—The term ‘‘appropriate congressional services with— section shall be construed to abridge the au- committees’’ means— (1) an entity that the State or local gov- thority of a State to issue and enforce rules (A) the Committee on Foreign Affairs, the ernment determines, using credible informa- governing the safety, soundness, and sol- Committee on the Judiciary, the Committee tion available to the public, knowingly en- vency of a financial institution subject to its on Ways and Means, and the Committee on gages in a commerce-related or investment- jurisdiction or the business of insurance pur- Financial Services of the House of Rep- related boycott, divestment, or sanctions ac- suant to the Act of March 9, 1945 (59 Stat. 33, resentatives; and tivity targeting Israel; chapter 20; 15 U.S.C. 1011 et seq.) (commonly (B) the Committee on Foreign Relations, (2) a successor entity or subunit of an enti- known as the ‘‘McCarran-Ferguson Act’’). the Committee on the Judiciary, the Com- ty described in paragraph (1); or (2) POLICY OF THE UNITED STATES.—Nothing mittee on Finance, and the Committee on (3) an entity that owns or controls, is in this section shall be construed to alter the Banking, Housing, and Urban Affairs of the owned or controlled by, or is under common established policy of the United States con- Senate. ownership or control with, an entity de- cerning final status issues associated with (3) FOREIGN PERSON.—The term ‘‘foreign scribed in paragraph (1). the Arab-Israeli conflict, including border person’’ means— (b) REQUIREMENTS.—A State or local gov- delineation, that can only be resolved (A) an individual who is not a United ernment that seeks to adopt or enforce a through direct negotiations between the par- States person; measure under subsection (a) shall meet the ties. (B) a corporation, partnership, or other following requirements: (3) SCOPE OF NONPREEMPTION.—Nothing in nongovernmental entity that is not a United (1) NOTICE.—The State or local government this section shall be construed as estab- States person; or shall provide written notice to each entity to lishing a basis for preempting or implying (C) any representative, agent or instru- which a measure under subsection (a) is to be preemption of State measures relating to mentality of, or an individual working on be- applied. boycott, divestment, or sanctions activity half of a foreign government. (2) TIMING.—The measure shall apply to an targeting Israel that are outside the scope of (4) GOVERNMENT OF IRAQ.—The term ‘‘Gov- entity not earlier than the date that is 90 subsection (a). ernment of Iraq’’ has the meaning given that days after the date on which written notice (h) DEFINITIONS.—In this section: term in section 576.310 of title 31, Code of is provided to the entity under paragraph (1). (1) ASSETS.— Federal Regulations (or any corresponding (3) OPPORTUNITY FOR COMMENT.—The State (A) IN GENERAL.—Except as provided in similar regulation or ruling). or local government shall provide an oppor- subparagraph (B), the term ‘‘assets’’ means

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.065 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5153 any pension, retirement, annuity, or endow- Iraq, including the Iraqi Sunni, Shia, and ‘‘(3) have access to animal models and in ment fund, or similar instrument, that is Kurdish communities and religious and eth- vitro models of dust immunology and lung controlled by a State or local government. nic minorities in Iraq, and to the security injury consistent with the injuries of mem- (B) EXCEPTION.—The term ‘‘assets’’ does and stability of the Middle East and beyond; bers of the Armed Forces who served in sup- not include employee benefit plans covered (2) the defeat of the Islamic State of Iraq port of Operation Iraqi Freedom and Oper- by title I of the Employee Retirement In- and the Levant is critical to maintaining a ation Enduring Freedom; and come Security Act of 1974 (29 U.S.C. 1001 et unified Iraq in which all faiths, sects, and ‘‘(4) have expertise in allergy, immu- seq.). ethnicities are afforded equal protection and nology, and pulmonary diseases. (2) BOYCOTT, DIVESTMENT, OR SANCTIONS AC- full integration into the Government and so- ‘‘(c) COLLABORATION.—The Secretary shall TIVITY TARGETING ISRAEL.—The term ‘‘boy- ciety of Iraq; and ensure that the center of excellence collabo- cott, divestment, or sanctions activity tar- (3) the United States should, in coordina- rates, to the maximum extent practicable, geting Israel’’ means any activity that is in- tion with coalition partners, continue nec- with the Secretary of Defense, institutions tended to penalize, inflict economic harm on, essary support to the security forces of or as- of higher education, and other appropriate or otherwise limit commercial relations with sociated with the Government of Iraq that public and private entities (including inter- Israel or persons doing business in Israel or have a national security mission in their national entities) to carry out the respon- in Israeli-controlled territories for purposes fight against the Islamic State of Iraq and sibilities specified in subsection (d). of coercing political action by, or imposing the Levant. ‘‘(d) RESPONSIBILITIES.—The center of ex- policy positions on, the Government of cellence shall have the following responsibil- Israel. SA 932. Ms. KLOBUCHAR (for herself ities: ‘‘(1) To provide for the development, test- (3) ENTITY.—The term ‘‘entity’’ includes— and Mr. TILLIS) submitted an amend- (A) any corporation, company, business as- ment intended to be proposed by her to ing, and dissemination within the Depart- sociation, partnership, or trust; and ment of best practices for the treatment of the bill H.R. 2810, to authorize appro- health conditions relating to exposure to (B) any governmental entity or instrumen- priations for fiscal year 2018 for mili- tality of a government, including a multilat- burn pits and other environmental expo- eral development institution (as defined in tary activities of the Department of sures. section 1701(c)(3) of the International Finan- Defense, for military construction, and ‘‘(2) To provide guidance for the health sys- cial Institutions Act (22 U.S.C. 262r(c)(3))). for defense activities of the Depart- tems of the Department and the Department (4) INVESTMENT.—The term ‘‘investment’’ ment of Energy, to prescribe military of Defense in determining the personnel re- includes— personnel strengths for such fiscal quired to provide quality health care for (A) a commitment or contribution of funds year, and for other purposes; which was members of the Armed Forces and veterans with health conditions relating to exposure or property; ordered to lie on the table; as follows: (B) a loan or other extension of credit; and to burn pits and other environmental expo- At the end of subtitle G of title X, add the (C) the entry into or renewal of a contract sures. following: for goods or services. ‘‘(3) To establish, implement, and oversee a SEC. 1088. ESTABLISHMENT OF CENTER OF EX- (5) STATE.—The term ‘‘State’’ means each comprehensive program to train health pro- CELLENCE IN PREVENTION, DIAG- fessionals of the Department and the Depart- of the several States, the District of Colum- NOSIS, MITIGATION, TREATMENT, bia, the Commonwealth of Puerto Rico, the ment of Defense in the treatment of health AND REHABILITATION OF HEALTH conditions relating to exposure to burn pits Commonwealth of the Northern Mariana Is- CONDITIONS RELATING TO EXPO- lands, American Samoa, Guam, the United SURE TO BURN PITS AND OTHER EN- and other environmental exposures. States Virgin Islands, and any other terri- VIRONMENTAL EXPOSURES. ‘‘(4) To facilitate advancements in the tory or possession of the United States. (a) IN GENERAL.—Subchapter II of chapter study of the short-term and long-term ef- (6) STATE OR LOCAL GOVERNMENT.—The 73 of title 38, United States Code, is amended fects of exposure to burn pits and other envi- term ‘‘State or local government’’ includes— by adding at the end the following new sec- ronmental exposures. (A) any State and any agency or instru- tion: ‘‘(5) To disseminate within medical facili- ties of the Department best practices for mentality thereof; ‘‘§ 7330C. Center of excellence in prevention, training health professionals with respect to (B) any local government within a State diagnosis, mitigation, treatment, and reha- health conditions relating to exposure to and any agency or instrumentality thereof; bilitation of health conditions relating to burn pits and other environmental expo- and exposure to burn pits and other environ- sures. (C) any other governmental instrumen- mental exposures tality of a State or locality. ‘‘(6) To conduct basic science and ‘‘(a) ESTABLISHMENT.—(1) The Secretary translational research on health conditions SEC. ll03. SAFE HARBOR FOR CHANGES OF IN- shall establish within the Department a cen- relating to exposure to burn pits and other VESTMENT POLICIES BY ASSET MAN- ter of excellence in the prevention, diag- AGERS. environmental exposures for the purposes of nosis, mitigation, treatment, and rehabilita- understanding the etiology of such condi- Section 13(c)(1) of the Investment Com- tion of health conditions relating to expo- pany Act of 1940 (15 U.S.C. 80a–13(c)(1)) is tions and developing preventive interven- sure to burn pits and other environmental tions and new treatments. amended— exposures to carry out the responsibilities (1) in subparagraph (A), by striking ‘‘; or’’ ‘‘(7) To provide medical treatment to vet- specified in subsection (d). erans diagnosed with medical conditions spe- and inserting a semicolon; ‘‘(2) The Secretary shall establish the cen- (2) in subparagraph (B), by striking the pe- cific to exposure to burn pits and other envi- ter of excellence under paragraph (1) through ronmental exposures. riod at the end and inserting ‘‘; or’’; and the use of— (3) by adding at the end the following: ‘‘(e) USE OF BURN PITS REGISTRY DATA.—In ‘‘(A) the directives and policies of the De- carrying out its responsibilities under sub- ‘‘(C) engage in any boycott, divestment, or partment in effect as of the date of the en- sanctions activity targeting Israel described section (d), the center of excellence shall actment of the National Defense Authoriza- have access to and make use of the data ac- in section ll02 of the Combating BDS Act tion Act for Fiscal Year 2018; of 2017.’’. cumulated by the burn pits registry estab- ‘‘(B) the recommendations of the Comp- lished under section 201 of the Dignified Bur- troller General of the United States and In- ial and Other Veterans’ Benefits Improve- SA 931. Mrs. ERNST submitted an spector General of the Department in effect amendment intended to be proposed by ment Act of 2012 (Public Law 112–260; 38 as of such date; and U.S.C. 527 note). her to the bill H.R. 2810, to authorize ‘‘(C) guidance issued by the Secretary of ‘‘(f) DEFINITIONS.—In this section: appropriations for fiscal year 2018 for Defense under section 313 of the National De- ‘‘(1) The term ‘burn pit’ means an area of military activities of the Department fense Authorization Act for Fiscal Year 2013 land located in Afghanistan or Iraq that— of Defense, for military construction, (Public Law 112–239; 10 U.S.C. 1074 note). ‘‘(A) is designated by the Secretary of De- and for defense activities of the De- ‘‘(b) SELECTION OF SITE.—In selecting the fense to be used for disposing solid waste by partment of Energy, to prescribe mili- site for the center of excellence established burning in the outdoor air; and under subsection (a), the Secretary shall tary personnel strengths for such fiscal ‘‘(B) does not contain a commercially man- consider entities that— ufactured incinerator or other equipment year, and for other purposes; which was ‘‘(1) are equipped with the specialized specifically designed and manufactured for ordered to lie on the table; as follows: equipment needed to study, diagnose, and the burning of solid waste. At the end of subtitle C of title XII, add treat health conditions relating to exposure ‘‘(2) The term ‘other environmental expo- the following: to burn pits and other environmental expo- sures’ means exposure to environmental haz- SEC. lll. SENSE OF CONGRESS ON THE IS- sures; ards, including burn pits, dust or sand, haz- LAMIC STATE OF IRAQ AND THE LE- ‘‘(2) have a track record of publishing in- ardous materials, and waste at any site in VANT. formation relating to post-deployment Afghanistan or Iraq that emits smoke con- It is the sense of the Congress that— health exposures among veterans who served taining pollutants present in the environ- (1) the Islamic State of Iraq and the Le- in the Armed Forces in support of Operation ment or smoke from fires or explosions.’’. vant (ISIS) poses an acute threat to the peo- Iraqi Freedom and Operation Enduring Free- (b) CLERICAL AMENDMENT.—The table of ple, government, and territorial integrity of dom; sections at the beginning of chapter 73 of

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.064 S11SEPT1 S5154 CONGRESSIONAL RECORD — SENATE September 11, 2017 such title is amended by inserting after the the Secretary for the reduction of such ex- (A) The current and future mission capa- item relating to section 7330B the following cess capacity. bilities and the impact on operational readi- new item: (C) An economic analysis of the effect of ness of the total force of the Department of ‘‘7330C. Center of excellence in prevention, the closure or realignment of military in- Defense, including the impact on joint diagnosis, mitigation, treat- stallations to reduce excess infrastructure. warfighting, training, and readiness. ment, and rehabilitation of (3) In determining the level of necessary (B) The availability and condition of land, health conditions relating to versus excess infrastructure under paragraph facilities, and associated airspace (including exposure to burn pits and other (2), the Secretary shall consider the fol- training areas suitable for maneuver by environmental exposures.’’. lowing: ground, naval, or air forces throughout a di- (A) The anticipated continuing need for versity of climate and terrain areas and and availability of military installations SA 933. Mr. MCCAIN (for himself and staging areas for the use of the Armed outside the United States, taking into ac- Mr. REED) submitted an amendment in- Forces in homeland defense missions) at count current restrictions on the use of mili- tended to be proposed by him to the both existing and potential receiving loca- tary installations outside the United States tions. bill H.R. 2810, to authorize appropria- and the potential for future prohibitions or (C) The ability to accommodate contin- tions for fiscal year 2018 for military restrictions on the use of such military in- gency, mobilization, surge, and future total activities of the Department of De- stallations. force requirements at both existing and po- fense, for military construction, and (B) Any efficiencies that may be gained tential receiving locations to support oper- for defense activities of the Depart- from joint tenancy by more than one branch ations and training. ment of Energy, to prescribe military of the Armed Forces at a military installa- (D) The cost of operations and the man- tion. power implications. personnel strengths for such fiscal (4) The Secretary may revise the force- year, and for other purposes; which was (E) The strategic impact of the location of structure plan and infrastructure inventory an installation on operational plans, contin- ordered to lie on the table; as follows: prepared under paragraph (1). If the Sec- gency plans, and missions of the combatant Strike section 2702 and insert the fol- retary makes such a revision, the Secretary commands. lowing: shall submit the revised plan or inventory to (3)(A) The other criteria that the Secretary Congress not later than September 15, 2018. Subtitle B—Defense Force and Infrastructure shall use in making recommendations for the For purposes of selecting military installa- Review and Recommendations closure or realignment of military installa- tions for closure or realignment under this tions in the United States under this subtitle SEC. 2711. SHORT TITLE; PURPOSE. subtitle, no revision of the force-structure are as follows: (a) SHORT TITLE.—This subtitle may be plan or infrastructure inventory is author- (i) The extent and timing of potential costs cited as the ‘‘Defense Force and Infrastruc- ized after September 15, 2018. and savings, including the number of years, (b) CERTIFICATION OF NEED FOR FURTHER ture Review Act of 2017’’. beginning with the date of completion of the (b) PURPOSE.—The purpose of this subtitle CLOSURES AND REALIGNMENTS.—(1) On the closure or realignment, for the savings to ex- is to provide a fair and transparent process basis of the force-structure plan and infra- ceed the costs. that will result in the credible analysis of in- structure inventory prepared under sub- (ii) The economic impact on existing com- frastructure requirements and recommenda- section (a) and the descriptions and eco- munities in the vicinity of military installa- tions for military infrastructure. nomic analysis prepared under such sub- tions. SEC. 2712. PROCEDURE FOR MAKING REC- section, the Secretary shall include as part of the submission of the plan and inven- (iii) The extent with which a closure or re- OMMENDATIONS FOR INFRASTRUC- alignment contributes to the reduction of ex- TURE CLOSURES AND REALIGN- tory— MENTS. (A) a certification regarding whether the cess infrastructure and infrastructure capac- ity to meet the targeted reduction estab- (a) FORCE-STRUCTURE PLAN AND INFRA- need exists for the closure or realignment of lished by the Secretary as required by sub- STRUCTURE INVENTORY.—(1) As part of the additional military installations; and budget justification documents submitted to (B) if such need exists, a certification that section (a)(2)(B). Congress in support of the budget for the De- the additional round of closures and realign- (iv) The ability of the infrastructure of partment of Defense for fiscal year 2019, the ments would result in substantial annual net both the existing and potential receiving Secretary shall submit to Congress the fol- savings for the Department of Defense fol- communities to support forces, missions, and lowing: lowing the completion of such closures and personnel. (A)(i) Subject to clause (ii), a force-struc- realignments. (v) The cost of mitigating the impact of ture plan for the Armed Forces based on the (2) If the Secretary does not include the any increases of such forces, missions, and most recent National Military Strategy, an certifications referred to in paragraph (1) as personnel at receiving locations to maintain assessment by the Secretary of the probable part of the submission of the force-structure the level of service that exists prior to the threats to the national security during the plan and infrastructure inventory prepared closure or realignment. 20-year period beginning with that fiscal under subsection (a), the President may not (vi) The environmental impact, including year, the probable end-strength levels and commence a round for the selection of mili- the impact of costs related to potential envi- major military force units (including land tary installations for closure and realign- ronmental restoration, vulnerability adapta- force divisions, carrier and other major com- ment under this subtitle in the year fol- tion, mitigation, waste management, and en- batant vessels, air wings, and other com- lowing submission of the force-structure vironmental compliance activities. (B) When determining the costs associated parable units) needed to meet those threats, plan and infrastructure inventory. (c) COMPTROLLER GENERAL EVALUATION.— with a closure or realignment under subpara- and the anticipated levels of funding that (1) If the certification is provided under sub- graph (A)(i), the Secretary shall consider will be available for national defense pur- section (b), the Comptroller General of the costs associated with military construction, poses during such period. United States shall prepare an evaluation of information technology, environmental re- (ii) The force structure described in the the following: mediation, relocation of personnel, termi- force-structure plan under clause (i) shall (A) The force-structure plan and infra- nation of public-private contracts, guaran- contain, at a minimum, a Navy of 355 ships, structure inventory prepared under sub- tees, and other factors contributing to the an Air Force of 1500 combat coded aircraft, section (a) and the final selection criteria cost of a closure or realignment as deter- an Army of 60 brigade combat teams, and a specified in subsection (d), including an eval- mined by the Secretary. Marine Corps of three Marine expeditionary uation of the accuracy and analytical suffi- (e) PRIORITY GIVEN TO MILITARY VALUE.— forces, together with all enabling and sup- ciency of such plan, inventory, and criteria. The Secretary shall give priority consider- porting elements. (B) The need for the closure or realignment ation to the military value criteria specified (B) A comprehensive inventory of military of additional military installations. in subsection (d)(2) in the making of rec- installations world-wide for each military (2) The Comptroller General shall submit ommendations for the closure or realign- department, with specifications of the num- to Congress the evaluation prepared under ment of military installations. ber and type of facilities in the active and re- paragraph (1) not later than 60 days after the (f) EFFECT ON DEPARTMENT AND OTHER serve forces of each military department. date on which the force-structure plan and AGENCY COSTS.—Selection criteria relating (2) Using the most recent National Mili- infrastructure inventory are submitted to to cost savings or return on investment from tary Strategy and the force-structure plan Congress. the proposed closure or realignment of mili- and infrastructure inventory prepared under (d) FINAL SELECTION CRITERIA.—(1) The tary installations under this subtitle shall paragraph (1), the Secretary shall prepare final criteria to be used by the Secretary in take into account the effect of the proposed (and include as part of the submission of making recommendations for the closure or closure or realignment on the costs of any such plan and inventory) the following: realignment of military installations in the other activity of the Department of Defense (A) A description of the infrastructure nec- United States under this subtitle shall be the or any other Federal agency that may be re- essary to support the force structure de- military value criteria specified in para- quired to assume responsibility for activities scribed in the force-structure plan. graph (2) and other criteria specified in para- at the military installations. (B) A discussion of categories of excess in- graph (3). (g) RELATION TO OTHER MATERIALS.—The frastructure and infrastructure capacity (2) The military value criteria specified in final selection criteria specified in sub- within the United States and the target of this paragraph are as follows: section (d) shall be the only criteria to be

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.064 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5155 used, along with the force-structure plan and action (including construction, development, mittee or member of Congress), the Sec- infrastructure inventory referred to in sub- conversion, or extension, and any acquisition retary shall also make such information section (a), in making recommendations for of land necessary to produce a complete and available to the Comptroller General of the the closure or realignment of military in- usable facility or a complete and usable im- United States. stallations in the United States under this provement to an existing facility) required (B) The Comptroller General shall analyze subtitle. to carry out the closure or realignment, in- the information made available to the Comp- (h) DEPARTMENT OF DEFENSE RECOMMENDA- cluding the scope of work, cost, and timing troller General under subparagraph (A) for TIONS.—(1)(A) If the Secretary makes the of each construction activity as documented each recommendation (including informa- certifications required under subsection (b), in military construction project data jus- tion provided by local communities) and sub- the Secretary shall, by not later than May tifications. mit any recommendations of the Comp- 15, 2019, publish in the Federal Register— (E) With respect to each recommendation troller General to Congress for consider- (i) with respect to each military installa- for closure or realignment of a military in- ation. tion in the United States, unclassified as- stallation under subparagraph (A), the con- (5)(A) Each person referred to in subpara- sessment data of the current condition of fa- struction scope and cost data contained in graph (B), when submitting information to cilities and infrastructure and an environ- the master plan under subparagraph (D)(ii) the Secretary of Defense concerning the clo- mental baseline of known contamination and for such installation shall be deemed to be sure or realignment of a military installa- remediation activities at each such installa- the authorization by law to carry out the tion, shall certify that such information is tion that will be used by the Secretary to de- construction activity as required under accurate and complete to the best of that velop closure and realignment recommenda- chapter 169 of title 10, United States Code. person’s knowledge and belief. tions; and (3)(A) In considering military installations (B) Subparagraph (A) applies to the fol- (ii) standard rules to be used by the Sec- for closure or realignment, the Secretary lowing persons: retary to calculate annual recurring savings shall consider all military installations in (i) The Secretaries of the military depart- for manpower, base operating costs, utility the United States equally without regard to ments. costs, base closure guarantees, service-shar- whether the installation has been previously (ii) The heads of the Defense Agencies. ing agreements, and other installation sup- considered or proposed for closure or realign- (iii) Each person who is in a position the port activities that the Secretary will use in ment by the Department. duties of which include personal and sub- the determination of the savings derived (B) In considering military installations stantial involvement in the preparation and from closure and realignment of military in- for closure or realignment, the Secretary submission of information and recommenda- stallations. may not take into account for any purpose tions concerning the closure or realignment (B) The Secretary shall provide a public any advance conversion planning undertaken of military installations, as designated in comment period of 60 days to allow for a re- by an affected community with respect to regulations that the Secretary of Defense view of the data published under subpara- the anticipated closure or realignment of an shall prescribe, regulations that the Sec- graph (A) and an opportunity for the Sec- installation. retary of each military department shall pre- retary to correct the assessments to ensure (C) For purposes of subparagraph (B), in scribe for personnel within that military de- accurate and reliable information is used for the case of a community anticipating the partment, or regulations that the head of final closure and realignment recommenda- economic effects of a closure or realignment each Defense Agency shall prescribe for per- tions. of a military installation, advance conver- sonnel within that Defense Agency. (C) If the Secretary does not publish the sion planning— (6) Any information provided to the Sec- data or standard rules under subparagraph (i) shall include community adjustment retary of Defense by a person described in (A) by May 15, 2019, the President shall not and economic diversification planning under- paragraph (5)(B), regardless of the method of commence a round for the selection of mili- taken by the community before an antici- transmission, shall be made available for the tary installations for closure and realign- pated selection of a military installation in public record and submitted in written form ment under this subtitle. or near the community for closure or re- to the Senate and the House of Representa- (2)(A) If the Secretary makes the certifi- tives to be made available to the Members of cations required under subsection (b), the alignment; and (ii) may include the development of contin- the House concerned in accordance with the Secretary shall, by not later than October 15, rules of that House. The information shall be 2019, publish in the Federal Register and gency redevelopment plans, plans for eco- nomic development and diversification, and submitted to the Senate and House of Rep- transmit to the congressional defense com- resentatives within 48 hours after the sub- mittees a list of the military installations plans for the joint use (including civilian and military use, public and private use, civilian mission of the information to the Secretary. inside the United States that the Secretary (7) No military installation may be rec- dual use, and civilian shared use) of the prop- recommends for closure or realignment on ommended for inactive status under this sub- erty or facilities of the installation after the the basis of the force-structure plan and in- section unless the Secretary certifies that anticipated closure or realignment. frastructure inventory prepared by the Sec- its use for future mobilization is essential to (D) In making recommendations for clo- retary under subsection (a) and the final se- meet operational plans. sure or realignment of a military installa- lection criteria specified in subsection (d). (8) The Secretary shall analyze and, to the (B) The closures and realignments included tion under subparagraph (A), the Secretary extent the Secretary considers appropriate, in the list published by the Secretary under shall consider any notice received from a recommend the realignment and closure of subparagraph (A) may not have an estimated local government in the vicinity of a mili- military installations outside the United cost to implement that exceeds $5,000,000,000 tary installation that the government would States. as certified by the Director of Cost Analysis approve of the closure or realignment of the (9) Not later than October 31, 2019, the Sec- and Program Evaluation of the Department installation. retary shall submit to the President a report of Defense. (E) Notwithstanding the requirement in containing a list of the military installa- (C) At the same time as the transmittal of subparagraph (D), the Secretary shall make tions that the Secretary recommends for clo- the list under subparagraph (A), the Sec- the recommendations referred to in that sub- sure or realignment under this subsection, retary shall submit to the Committees on paragraph based on the force-structure plan, including recommendations regarding mili- Armed Services of the Senate and the House infrastructure inventory, and final selection tary installations outside the United States of Representatives a certification that— criteria otherwise applicable to such rec- under paragraph (8). (i) the recommendations included in such ommendations. (i) REVIEW BY THE PRESIDENT.—(1) The list will yield net savings to the Department (F) The recommendations shall include a President shall, by not later than November of Defense within seven years of completing statement of the result of the consideration 15, 2019, transmit to Congress a report con- the closures and realignments included in of any notice described in subparagraph (D) taining the President’s approval or dis- such recommendations; and that is received with respect to a military approval of the recommendations of the Sec- (ii) no individual recommendation for clo- installation covered by such recommenda- retary under subsection (h). sure or realignment is included in such list tions. The statement shall set forth the rea- (2) If the President approves all of the rec- unless the closure or realignment dem- sons for the result. ommendations of the Secretary, the Presi- onstrates net savings to the Department (G) For each closure recommendation, and dent shall transmit a copy of such rec- within 10 years. based on an assessment of the extent of eco- ommendations to Congress, together with a (D) Not later than seven days after the nomic impact to local communities sup- certification of such approval. transmittal of the list of recommendations porting the military installation to be (3) If the President disapproves of the rec- for closure and realignment under subpara- closed, the Secretary shall determine and ommendations of the Secretary, in whole or graph (A), the Secretary shall submit to the propose an amount to be provided to the in part, the President shall transmit to Con- congressional defense committees— local redevelopment agency within a year of gress the reasons for that disapproval. The (i) a summary of the selection process that the final decision to close the installation to Secretary shall then transmit to the Presi- resulted in the recommendation for each in- be used to accelerate local redevelopment ac- dent, by not later than December 1, 2019, a stallation, including a justification for each tivities. revised list of recommendations for the clo- recommendation based on the final selection (4)(A) In addition to making all informa- sure and realignment of military installa- criteria under subsection (d); and tion used by the Secretary to prepare the tions. (ii) for each such recommendation, a mas- recommendations under this subsection (4) If the President approves all of the re- ter plan that contains a list of each facility available to Congress (including any com- vised recommendations of the Secretary

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 S5156 CONGRESSIONAL RECORD — SENATE September 11, 2017 transmitted to the President under para- a result of the closure or realignment of a (D) Before any action may be taken with graph (3), the President shall transmit a military installation, respect to the disposal of any surplus real copy of such revised recommendations to if the Secretary of Defense determines that property or facility located at any military Congress, together with a certification of the financial resources available to the com- installation to be closed or realigned under such approval. munity (by grant or otherwise) for such pur- this subtitle, the Secretary of Defense shall (5) If the President does not transmit to poses are inadequate, and may use for such consult with the Governor of the State and Congress an approval and certification de- purposes funds in the Account or funds ap- the heads of the local governments con- scribed in paragraph (2) or (4) by December 2, propriated to the Department of Defense for cerned for the purpose of considering any 2019, the process by which military installa- economic adjustment assistance or commu- plan for the use of such property by the local tions may be selected for closure or realign- nity planning assistance; community concerned. (E) If a military installation to be closed, ment under this subtitle shall be terminated. (C) carry out activities for the purposes of realigned, or placed in an inactive status SEC. 2713. CLOSURE AND REALIGNMENT OF MILI- environmental restoration and mitigation at under this subtitle includes a road used for TARY INSTALLATIONS. any such installation, and shall use for such public access through, into, or around the in- (a) IN GENERAL.—The Secretary shall— purposes funds in the Account; stallation, the Secretary of Defense shall (1) close all military installations rec- (D) provide outplacement assistance to ci- consult with the Governor of the State and ommended for closure in the report trans- vilian employees employed by the Depart- the heads of the local governments con- mitted to Congress by the President pursu- ment of Defense at military installations cerned for the purpose of considering the ant to section 2712(i) and approved under being closed or realigned, and may use for continued availability of the road for public subsection (b); such purpose funds in the Account or funds use after the installation is closed, re- (2) realign all military installations rec- appropriated to the Department of Defense ommended for realignment in such report aligned, or placed in an inactive status. for outplacement assistance to employees; (3)(A) Not later than 180 days after the date and approved under such subsection; and (3) carry out the privatization in place of a of approval of the closure or realignment of (E) reimburse other Federal agencies for a military installation under this subtitle, military installation recommended for clo- actions performed at the request of the Sec- sure or realignment in such report and ap- the Secretary, in consultation with the rede- retary with respect to any such closure or re- velopment authority with respect to the in- proved under such subsection only if privat- alignment, and may use for such purpose ization in place is a method of closure or re- stallation, shall— funds in the Account or funds appropriated (i) inventory the personal property located alignment of the military installation speci- to the Department of Defense and available fied in the recommendations in such report at the installation; and for such purpose. (ii) identify the items (or categories of and is determined by the Secretary to be the (2) In carrying out any closure or realign- most cost-effective method of implementa- items) of such personal property that the ment under this subtitle, the Secretary shall Secretary determines to be related to real tion of the recommendation; ensure that environmental restoration of (4) carry out the construction activities property and anticipates will support the im- any property made excess to the needs of the plementation of the redevelopment plan with contained in the master plan for the military Department of Defense as a result of such installation as required under section respect to the installation. closure or realignment be carried out as soon (B) If no redevelopment authority referred 2712(h)(2)(D)(ii); as possible with funds available for such pur- to in subparagraph (A) exists with respect to (5) initiate all such closures and realign- pose. an installation, the Secretary shall consult ments not later than two years after the (c) MANAGEMENT AND DISPOSAL OF PROP- with— date on which the President transmits the ERTY.—(1) The Administrator of General (i) the local government in whose jurisdic- report to Congress pursuant to section 2712(i) Services shall delegate to the Secretary of tion the installation is wholly located; or containing the recommendations for such Defense, with respect to excess and surplus (ii) a local government agency or State closures or realignments; and real property, facilities, and personal prop- government agency designated for the pur- (6) complete all such closures and realign- erty located at a military installation closed pose of such consultation by the chief execu- ments not later than the end of the five-year or realigned under this subtitle— tive officer of the State in which the instal- period beginning on the date on which the (A) the authority of the Administrator to lation is located. President transmits the report pursuant to utilize excess property under subchapter II of (C)(i) Except as provided in subparagraphs section 2712(i) containing the recommenda- chapter 5 of title 40, United States Code; (E) and (F), the Secretary may not carry out tions for such closures or realignments. (B) the authority of the Administrator to any of the activities specified in clause (ii) (b) CONGRESSIONAL APPROVAL.—The Sec- dispose of surplus property under subchapter with respect to an installation referred to in retary may not carry out a closure or re- III of chapter 5 of title 40, United States that clause until the earlier of— alignment recommended in the report trans- Code; (I) one week after the date on which the re- mitted by the President pursuant to section (C) the authority to dispose of surplus development plan for the installation is sub- 2712(i) unless a joint resolution is enacted ap- property for public airports under sections mitted to the Secretary; proving that closure or realignment. 47151 through 47153 of title 49, United States (II) the date on which the redevelopment SEC. 2714. IMPLEMENTATION AND ANALYSIS. Code; and authority notifies the Secretary that it will (a) USE IN MAKING ASSESSMENTS AND REC- (D) the authority of the Administrator to not submit such a plan; OMMENDATIONS.—In making assessments and determine the availability of excess or sur- (III) two years after the date of approval of recommendations under section 2712, the plus real property for wildlife conservation the closure or realignment of the installa- Secretary shall analyze the requirements purposes in accordance with the Act of May tion; or and authorities under this section and con- 19, 1948 (16 U.S.C. 667b et seq.). (IV) 90 days before the date of the closure sider all of the actions to be taken under this (2)(A) Subject to subparagraph (B) and or realignment of the installation. section with respect to closing or realigning paragraphs (3), (4), (5), and (6), the Secretary (ii) The activities specified in this clause a military installation under this subtitle. of Defense shall exercise the authority dele- are activities relating to the closure or re- (b) IMPLEMENTATION.—(1) In closing or re- gated to the Secretary pursuant to para- alignment of an installation to be closed or aligning any military installation under this graph (1) in accordance with all regulations realigned under this subtitle as follows: subtitle, the Secretary may— governing the utilization of excess property (I) The transfer from the installation of (A) take such actions as may be necessary and the disposal of surplus property under items of personal property at the installa- to close or realign any military installation, subtitle I of title 40, United States Code. tion identified in accordance with subpara- including the acquisition of such land, the (B) The Secretary may, with the concur- graph (A). construction of such replacement facilities, rence of the Administrator of General Serv- (II) The reduction in maintenance and re- the performance of such activities, and the ices— pair of facilities or equipment located at the conduct of such advance planning and design (i) prescribe general policies and methods installation below the minimum levels re- as may be required to transfer functions for utilizing excess property and disposing of quired to support the use of such facilities or from a military installation being closed or surplus property pursuant to the authority equipment for nonmilitary purposes. realigned to another military installation, delegated under paragraph (1); and (D) Except as provided in paragraph (4), the and may use for such purpose funds in the (ii) issue regulations relating to such poli- Secretary may not transfer items of personal Account or funds appropriated to the Depart- cies and methods, which shall supersede the property located at an installation to be ment of Defense for use in planning and de- regulations referred to in subparagraph (A) closed or realigned under this subtitle to an- sign, minor construction, or operation and with respect to that authority. other installation, or dispose of such items, maintenance; (C) The Secretary of Defense may transfer if such items are identified in the redevelop- (B)(i) provide— real property or facilities located at a mili- ment plan for the installation as items es- (I) economic adjustment assistance to any tary installation to be closed or realigned sential to the reuse or redevelopment of the community located near a military installa- under this subtitle, with or without reim- installation. In connection with the develop- tion being closed or realigned, and bursement, to a military department or ment of the redevelopment plan for the in- (II) community planning assistance to any other entity (including a nonappropriated stallation, the Secretary shall consult with community located near a military installa- fund instrumentality) within the Depart- the entity responsible for developing the re- tion to which functions will be transferred as ment of Defense or the Coast Guard. development plan to identify the items of

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5157 personal property located at the installation, (i) Road construction. with respect to the installation at which if any, that the entity desires to be retained (ii) Transportation management facilities. such property is located. at the installation for reuse or redevelop- (iii) Storm and sanitary sewer construc- (G) The provisions of section 120(h) of the ment of the installation. tion. Comprehensive Environmental Response, (E) This paragraph shall not apply to any (iv) Police and fire protection facilities and Compensation, and Liability Act of 1980 (42 personal property located at an installation other public facilities. U.S.C. 9620(h)) shall apply to any transfer of to be closed or realigned under this subtitle (v) Utility construction. real property under this paragraph. if the property— (vi) Building rehabilitation. (H) The Secretary may require any addi- (i) is required for the operation of a unit, (vii) Historic property preservation. tional terms and conditions in connection function, component, weapon, or weapons (viii) Pollution prevention equipment or with a transfer under this paragraph as the system at another installation; facilities. Secretary considers appropriate to protect (ii) is uniquely military in character, and (ix) Demolition. the interests of the United States. (5)(A) Except as provided in subparagraphs is likely to have no civilian use (other than (x) Disposal of hazardous materials gen- (B) and (C), the Secretary shall take such ac- use for its material content or as a source of erated by demolition. tions as the Secretary determines necessary commonly used components); (xi) Landscaping, grading, and other site or to ensure that final determinations under (iii) is not required for the reutilization or public improvements. paragraph (1) regarding whether another redevelopment of the installation (as jointly (xii) Planning for or the marketing of the determined by the Secretary and the rede- Federal agency has identified a use for any development and reuse of the installation. portion of a military installation to be velopment authority); (xiii) Adaptation for and mitigation of nat- (iv) is stored at the installation for pur- closed or realigned under this subtitle, or ural disasters. will accept transfer of any portion of such poses of distribution (including spare parts (D) The Secretary may recoup from a rede- installation, are made not later than 180 or stock items); or velopment authority such portion of the pro- days after the date of approval of closure or (v)(I) meets known requirements of an au- ceeds from a sale or lease described in sub- thorized program of another Federal agency realignment of that installation. paragraph (B) as the Secretary determines (B) The Secretary may, in consultation for which expenditures for similar property appropriate if the redevelopment authority with the redevelopment authority with re- would be necessary; and does not use the proceeds to support eco- spect to an installation, postpone making (II) is the subject of a written request by nomic redevelopment of, or related to, the the final determinations referred to in sub- the head of the agency. installation for the period specified in sub- paragraph (A) with respect to the installa- (F) Notwithstanding subparagraphs (C)(i) paragraph (B). and (D), the Secretary may carry out any ac- tion for such period as the Secretary deter- (E)(i) The Secretary may transfer real mines appropriate if the Secretary deter- tivity referred to in subparagraph (C)(ii) or property at an installation approved for clo- (D) if the Secretary determines that the car- mines that such postponement is in the best sure or realignment under this subtitle (in- interests of the communities affected by the rying out of such activity is in the national cluding property at an installation approved security interest of the United States. closure or realignment of the installation. for realignment which will be retained by (C)(i) Before acquiring non-Federal real (4)(A) The Secretary may transfer real the Department of Defense or another Fed- property and personal property located at a property as the location for a new or replace- eral agency after realignment) to the rede- ment Federal facility of any type, the head military installation to be closed or re- velopment authority for the installation if aligned under this subtitle to the redevelop- of the Federal agency acquiring the property the redevelopment authority agrees to lease, ment authority with respect to the installa- shall consult with the Secretary regarding directly upon transfer, one or more portions tion for purposes of job generation on the in- the feasibility and cost advantages of using of the property transferred under this sub- stallation. Federal property or facilities at a military (B) The transfer of property located at a paragraph to the Secretary or to the head of installation closed or realigned or to be military installation under subparagraph (A) another Federal agency. Subparagraph (B) closed or realigned under this subtitle as the may be for consideration at or below the es- shall apply to a transfer under this subpara- location for the new or replacement facility. timated fair market value or without consid- graph. In considering the availability and suit- eration. The determination of such consider- (ii) A lease under clause (i) shall be for a ability of a specific military installation, the ation may account for the economic condi- term not to exceed 50 years, but may provide Secretary and the head of the Federal agen- tions of the local affected community and for options for renewal or extension of the cy involved shall obtain the concurrence of the estimated costs to redevelop the prop- term by the agency concerned. the redevelopment authority with respect to erty. The Secretary may accept, as consider- (iii) A lease under clause (i) may not re- the installation and comply with the rede- ation, a share of the revenues that the rede- quire rental payments by the United States. velopment plan for the installation. velopment authority receives from third- (iv) A lease under clause (i) shall include a (ii) Not later than 30 days after acquiring party buyers or lessees from sales and long- provision specifying that if the agency con- non-Federal real property as the location for term leases of the conveyed property, a por- cerned ceases requiring the use of the leased a new or replacement Federal facility, the tion of the profits obtained over time from property before the expiration of the term of head of the Federal agency acquiring the the development of the conveyed property, the lease, the remainder of the lease term property shall submit to Congress a report consideration in kind (including goods and may be satisfied by the same or another Fed- containing the results of the consultation services), real property and improvements, eral agency using the property for a use under clause (i) and the reasons why mili- or such other consideration as the Secretary similar to the use under the lease. Exercise tary installations referred to in such clause considers appropriate. The transfer of prop- of the authority provided by this clause shall that are located within the area to be served erty located at a military installation under be made in consultation with the redevelop- by the new or replacement Federal facility subparagraph (A) may be made for consider- ment authority concerned. or within a 200-mile radius of the new or re- ation below the estimated fair market value (v) Notwithstanding clause (iii), if a lease placement facility, whichever area is great- or without consideration only if the redevel- under clause (i) involves a substantial por- er, were considered to be unsuitable or un- opment authority with respect to the instal- tion of the installation, the agency con- available for the site of the new or replace- lation— cerned may obtain facility services for the ment facility. (i) agrees that the proceeds from any sale leased property and common area mainte- (6)(A) The disposal of buildings and prop- or lease of the property (or any portion nance from the redevelopment authority or erty located at installations approved for thereof) received by the redevelopment au- the redevelopment authority’s assignee as a closure or realignment under this subtitle thority during at least the first seven years provision of the lease. The facility services shall be carried out in accordance with this after the date of the initial transfer of prop- and common area maintenance shall be pro- paragraph. erty under subparagraph (A) shall be used to vided at a rate no higher than the rate (B)(i) Not later than the date on which the support the economic redevelopment of, or charged to non-Federal tenants of the trans- Secretary of Defense completes the final de- related to, the installation; and ferred property. Facility services and com- terminations referred to in paragraph (5) re- (ii) executes the agreement for transfer of mon area maintenance covered by the lease lating to the use or transferability of any the property and accepts control of the prop- shall not include— portion of an installation covered by this erty within a reasonable time after the date (I) municipal services that a State or local paragraph, the Secretary shall— of the property disposal record of decision or government is required by law to provide to (I) identify the buildings and property at finding of no significant impact under the all landowners in its jurisdiction without di- the installation for which the Department of National Environmental Policy Act of 1969 rect charge; or Defense has a use, for which another Federal (42 U.S.C. 4321 et seq.). (II) firefighting or security-guard func- agency has identified a use, or of which an- (C) For purposes of subparagraph (B)(i), the tions. other Federal agency will accept a transfer; use of proceeds from a sale or lease described (F) The transfer of personal property under (II) take such actions as are necessary to in such subparagraph to pay for, or offset the subparagraph (A) shall not be subject to the identify any building or property at the in- costs of, public investment on or related to provisions of subchapters II and III of chap- stallation not identified under subclause (I) the installation for any of the following pur- ter 5 of title 40, United States Code, if the that is excess property or surplus property; poses shall be considered a use to support the Secretary determines that the transfer of (III) submit to the Secretary of Housing economic redevelopment of, or related to, such property is necessary for the effective and Urban Development and to the redevel- the installation: implementation of a redevelopment plan opment authority for the installation (or the

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 S5158 CONGRESSIONAL RECORD — SENATE September 11, 2017 chief executive officer of the State in which (II) notify the Secretary of Defense of the ment authority shall submit an application the installation is located if there is no rede- date. containing the plan to the Secretary of De- velopment authority for the installation at (E)(i) In submitting to a redevelopment au- fense and the Secretary of Housing and the completion of such final determinations) thority under subparagraph (C) a notice of Urban Development. interest in the use of buildings or property information on any building or property that (ii) A redevelopment authority shall in- at an installation to assist the homeless, a is identified under subclause (II); and clude in an application under clause (i) the representative of the homeless shall submit (IV) publish in the Federal Register and in following: the following: a newspaper of general circulation in the (I) A copy of the redevelopment plan, in- (I) A description of the homeless assistance communities in the vicinity of the installa- cluding a summary of any public comments program that the representative proposes to tion information on the buildings and prop- on the plan received by the redevelopment carry out at the installation. erty identified under subclause (II). authority under subparagraph (F)(iii). (II) An assessment of the need for the pro- (ii) Upon the recognition of a redevelop- (II) A copy of each notice of interest of use gram. ment authority for an installation covered of buildings and property to assist the home- (III) A description of the extent to which by this paragraph, the Secretary of Defense less that was submitted to the redevelop- the program is or will be coordinated with shall publish in the Federal Register and in ment authority under subparagraph (C), to- other homeless assistance programs in the a newspaper of general circulation in the gether with a description of the manner, if communities in the vicinity of the installa- communities in the vicinity of the installa- any, in which the plan addresses the interest tion. tion information on the redevelopment au- expressed in each such notice and, if the plan (IV) A list of the buildings and property to thority. does not address such an interest, an expla- (C)(i) State and local governments, rep- be used for the program at the installation nation why the plan does not address the in- resentatives of the homeless, and other in- and a justification for why such buildings terest. terested parties located in the communities and property are necessary to carry out the (III) A summary of the outreach under- in the vicinity of an installation covered by program. taken by the redevelopment authority under this paragraph shall submit to the redevelop- (V) A description of the financial plan, the subparagraph (C)(iii)(II) in preparing the ment authority for the installation a notice organization, and the organizational capac- plan. of the interest, if any, of such governments, ity of the representative to carry out the (IV) A statement identifying the represent- representatives, and parties in the buildings program. atives of the homeless and the homeless as- or property, or any portion thereof, at the (VI) An assessment of the time required in sistance planning boards, if any, with which installation that are identified under sub- order to commence carrying out the pro- the redevelopment authority consulted in paragraph (B)(i)(II). A notice of interest gram. preparing the plan, and the results of such under this clause shall describe the need of (ii) A redevelopment authority may not re- consultations. the government, representative, or party lease to the public any information sub- (V) An assessment of the manner in which concerned for the buildings or property cov- mitted to the redevelopment authority under the redevelopment plan balances the ex- ered by the notice. clause (i)(V) without the consent of the rep- (ii) The redevelopment authority for an in- resentative of the homeless concerned unless pressed needs of the homeless and the need of stallation shall assist the governments, rep- such release is authorized under Federal law the communities in the vicinity of the in- resentatives, and parties referred to in and under the law of the State and commu- stallation for economic redevelopment and clause (i) in evaluating buildings and prop- nities in which the installation concerned is other development. erty at the installation for purposes of this located. (VI) Copies of the agreements that the re- subparagraph. (iii) If a redevelopment authority does not development authority proposes to enter (iii) In providing assistance under clause receive a notice of interest in accordance into under subparagraph (F)(ii). (ii), a redevelopment authority shall— with clause (i), the requirements set forth in (H)(i) Except as provided in subparagraph (I) consult with representatives of the subparagraph (H) are not applicable. (E)(iii), not later than 60 days after receiving homeless in the communities in the vicinity (F)(i) The redevelopment authority for a redevelopment plan under subparagraph of the installation concerned; and each installation covered by this paragraph (G), the Secretary of Housing and Urban De- (II) undertake outreach efforts to provide shall prepare a redevelopment plan for the velopment shall complete a review of the information on the buildings and property to installation. The redevelopment authority plan. The purpose of the review is to deter- representatives of the homeless, and to other shall, in preparing the plan, consider the in- mine whether the plan, with respect to the terests in the use to assist the homeless of persons or entities interested in assisting the expressed interest and requests of represent- the buildings and property at the installa- homeless, in such communities. atives of the homeless— tion that are expressed in the notices sub- (iv) It is the sense of Congress that redevel- (I) takes into consideration the size and mitted to the redevelopment authority under opment authorities should begin to conduct nature of the homeless population in the outreach efforts under clause (iii)(II) with re- subparagraph (C). (ii)(I) In connection with a redevelopment communities in the vicinity of the installa- spect to an installation as soon as prac- plan for an installation, a redevelopment au- tion, the availability of existing services in ticable after the date of approval of closure thority and representatives of the homeless such communities to meet the needs of the or realignment of the installation. shall prepare legally binding agreements homeless in such communities, and the suit- (D)(i) State and local governments, rep- ability of the buildings and property covered resentatives of the homeless, and other in- that provide for the use to assist the home- less of buildings and property, resources, and by the plan for the use and needs of the terested parties shall submit a notice of in- assistance on or off the installation. The im- homeless in such communities; terest to a redevelopment authority under plementation of such agreements shall be (II) takes into consideration any economic subparagraph (C) not later than the date contingent upon the decision regarding the impact of the homeless assistance under the specified for such notice by the redevelop- disposal of the buildings and property cov- plan on the communities in the vicinity of ment authority. ered by the agreements by the Secretary of the installation; (ii) The date specified under clause (i) shall (III) balances in an appropriate manner the be— Defense under subparagraph (K) or (L). (II) Agreements under this clause shall needs of the communities in the vicinity of (I) in the case of an installation for which provide for the reversion to the redevelop- the installation for economic redevelopment a redevelopment authority has been recog- ment authority concerned, or to such other and other development with the needs of the nized as of the date of the completion of the entity or entities as the agreements shall homeless in such communities; determinations referred to in paragraph (5), provide, of buildings and property that are (IV) was developed in consultation with not earlier than 90 days and not later than made available under this paragraph for use representatives of the homeless and the 180 days after the date of publication of such to assist the homeless in the event that such homeless assistance planning boards, if any, determination in a newspaper of general cir- buildings and property cease being used for in the communities in the vicinity of the in- culation in the communities in the vicinity that purpose. stallation; and of the installation under subparagraph (iii) A redevelopment authority shall pro- (V) specifies the manner in which buildings (B)(i)(IV); and vide opportunity for public comment on a re- and property, resources, and assistance on or (II) in the case of an installation for which development plan before submission of the off the installation will be made available a redevelopment authority is not recognized plan to the Secretary of Defense and the Sec- for homeless assistance purposes. as of such date, not earlier than 90 days and retary of Housing and Urban Development not later than 180 days after the date of the (ii) It is the sense of Congress that the Sec- under subparagraph (G). retary of Housing and Urban Development recognition of a redevelopment authority for (iv) A redevelopment authority shall com- shall, in completing the review of a plan the installation. plete preparation of a redevelopment plan under this subparagraph, take into consider- (iii) Upon specifying a date for an installa- for an installation and submit the plan under ation and be receptive to the predominant tion under this subparagraph, the redevelop- subparagraph (G) not later than 270 days views on the plan of the communities in the ment authority for the installation shall— after the date specified by the redevelopment (I) publish the date specified in a news- authority for the installation under subpara- vicinity of the installation covered by the paper of general circulation in the commu- graph (D). plan. nities in the vicinity of the installation con- (G)(i) Upon completion of a redevelopment (iii) The Secretary of Housing and Urban cerned; and plan under subparagraph (F), a redevelop- Development may engage in negotiations

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5159 and consultations with a redevelopment au- (iii) The Secretary of Defense shall dispose (II) notify the Secretary of Defense of the thority before or during the course of a re- of buildings and property under clause (i) in extent to which the revised plan meets the view under clause (i) with a view toward re- accordance with the record of decision or criteria set forth in subparagraph (H)(i). solving any preliminary determination of other decision document prepared by the (iv)(I) Upon notice from the Secretary of the Secretary that a redevelopment plan Secretary in accordance with the National Housing and Urban Development with re- does not meet a requirement set forth in Environmental Policy Act of 1969 (42 U.S.C. spect to an installation under clause (iii), that clause. The redevelopment authority 4321 et seq.). In preparing the record of deci- the Secretary of Defense shall dispose of may modify the redevelopment plan as a re- sion or other decision document, the Sec- buildings and property at the installation in sult of such negotiations and consultations. retary shall give substantial deference to the consultation with the Secretary of Housing (iv)(I) Upon completion of a review of a re- redevelopment plan concerned. and Urban Development and the redevelop- development plan under clause (i), the Sec- (iv) The disposal under clause (i) of build- ment authority concerned. retary of Housing and Urban Development ings and property to assist the homeless (II) For purposes of carrying out an envi- shall notify the Secretary of Defense and the shall be without consideration. ronmental assessment of the closure or re- redevelopment authority concerned of the (v) In the case of a request for a convey- alignment of an installation, the Secretary determination of the Secretary of Housing ance under clause (i) of buildings and prop- of Defense shall treat the redevelopment erty for public benefit under section 550 of and Urban Development under that clause. plan submitted by the redevelopment au- (II) If the Secretary of Defense and the re- title 40, United States Code, or sections 47151 thority for the installation (including the as- development authority concerned do not re- through 47153 of title 49, United States Code, pects of the plan providing for disposal to the sponsoring Federal agency shall use the ceive the notice required by subclause (I) State or local governments, representatives eligibility criteria set forth in such section with respect to a military installation with- of the homeless, and other interested par- or subchapter II of chapter 471 of title 49, in the period required by clause (i), the Sec- ties) as part of the proposed Federal action United States Code (as the case may be) to retary of Defense shall dispose of the build- for the installation. The Secretary of De- determine the eligibility of the applicant fense shall incorporate the notification of ings and property at the installation. and use proposed in the request for the pub- (v) If the Secretary of Housing and Urban the Secretary of Housing and Urban Develop- lic benefit conveyance. The determination of Development determines as a result of a re- ment under clause (iii)(I) as part of the pro- such eligibility should be made before sub- view under clause (iv) that a redevelopment posed Federal action for the installation mission of the redevelopment plan concerned only to the extent, if any, that the Secretary plan does not meet the requirements set under subparagraph (G). forth in clause (i), a notice under clause (iv) of Defense considers such incorporation to be (L)(i) If the Secretary of Housing and appropriate and consistent with the best and shall include— Urban Development determines under sub- highest use of the installation as a whole, (I) an explanation of that determination; paragraph (J) that a revised redevelopment taking into consideration the redevelopment and plan for an installation does not meet the re- plan submitted by the redevelopment au- (II) a statement of the actions that the re- quirements set forth in subparagraph (H)(i), development authority must undertake in thority. or if no revised plan is so submitted, that (III) The Secretary of Defense shall dispose order to address that determination. Secretary shall— (I)(i) Upon receipt of a notice under sub- of buildings and property under subclause (I) (I) review the original redevelopment plan in accordance with the record of decision or paragraph (H)(iv) of a determination that a submitted to that Secretary under subpara- redevelopment plan does not meet a require- other decision document prepared by the graph (G), including the notice or notices of Secretary in accordance with the National ment set forth in subparagraph (H)(i), a rede- representatives of the homeless referred to velopment authority shall have the oppor- Environmental Policy Act of 1969 (42 U.S.C. in clause (ii)(II) of that subparagraph; 4321 et seq.). In preparing the record of deci- tunity to— (II) consult with the representatives re- (I) revise the plan in order to address the sion or other decision document, the Sec- ferred to in subclause (I), if any, for purposes retary shall give deference to the redevelop- determination; and of evaluating the continuing interest of such ment plan submitted by the redevelopment (II) submit the revised plan to the Sec- representatives in the use of buildings or authority for the installation. retary of Defense and the Secretary of Hous- property at the installation to assist the (IV) The disposal under subclause (I) of ing and Urban Development. homeless; buildings and property to assist the homeless (ii) A redevelopment authority shall sub- (III) request that each such representative shall be without consideration. mit a revised plan under this subparagraph submit to that Secretary the items described (V) In the case of a request for a convey- to such Secretaries, if at all, not later than in clause (ii); and ance under subclause (I) of buildings and 90 days after the date on which the redevel- (IV) based on the actions of that Secretary property for public benefit under section 550 opment authority receives the notice re- under subclauses (I) and (II), and on any in- of title 40, United States Code, or sections ferred to in clause (i). formation obtained by that Secretary as a 47151 through 47153 of title 49, United States (J)(i) Not later than 30 days after receiving result of such actions, indicate to the Sec- Code, the sponsoring Federal agency shall a revised redevelopment plan under subpara- retary of Defense the buildings and property use the eligibility criteria set forth in such graph (I), the Secretary of Housing and at the installation that meet the require- section or subchapter II of chapter 471 of Urban Development shall review the revised ments set forth in subparagraph (H)(i). title 49, United States Code (as the case may plan and determine if the plan meets the re- (ii) The Secretary of Housing and Urban be) to determine the eligibility of the appli- quirements set forth in subparagraph (H)(i). Development may request under clause cant and use proposed in the request for the (ii)(I) The Secretary of Housing and Urban (i)(III) that a representative of the homeless public benefit conveyance. The determina- Development shall notify the Secretary of submit to that Secretary the following: tion of such eligibility should be made before Defense and the redevelopment authority (I) A description of the program of such submission of the redevelopment plan con- concerned of the determination of the Sec- representative to assist the homeless. cerned under subparagraph (G). retary of Housing and Urban Development (II) A description of the manner in which (VI) It is the sense of Congress that the under this subparagraph. the buildings and property that the rep- Secretary of Defense and the redevelopment (II) If the Secretary of Defense and the re- resentative proposes to use for such purpose authority should work with State and local development authority concerned do not re- will assist the homeless. agencies to the maximum extent practicable ceive the notice required by subclause (I) (III) Such information as that Secretary to collaborate on environmental assessments with respect to a military installation with- requires in order to determine the financial to reduce redundancy of effort and to accel- in the period required by clause (i), the Sec- capacity of the representative to carry out erate redevelopment actions. retary of Defense shall dispose of the build- the program and to ensure that the program (M)(i) In the event of the disposal of build- ings and property at the installation. will be carried out in compliance with Fed- ings and property of an installation pursuant (K)(i) Upon receipt of a notice under sub- eral environmental law and Federal law to subparagraph (K) or (L), the redevelop- paragraph (H)(iv) or (J)(ii) of the determina- against discrimination. ment authority for the installation shall be tion of the Secretary of Housing and Urban (IV) A certification that police services, responsible for the implementation of and Development that a redevelopment plan for fire protection services, and water and sewer compliance with agreements under the rede- an installation meets the requirements set services available in the communities in the velopment plan described in that subpara- forth in subparagraph (H)(i), the Secretary of vicinity of the installation concerned are graph for the installation. Defense shall dispose of the buildings and adequate for the program. (ii) If a building or property reverts to a re- property at the installation. (iii) Not later than 30 days after the date of development authority under such an agree- (ii) For purposes of carrying out an envi- the receipt of a revised plan for an installa- ment, the redevelopment authority shall ronmental assessment of the closure or re- tion under subparagraph (J), the Secretary take appropriate actions to secure, to the alignment of an installation, the Secretary of Housing and Urban Development shall— maximum extent practicable, the utilization of Defense shall treat the redevelopment (I) notify the Secretary of Defense and the of the building or property by other home- plan for the installation (including the as- redevelopment authority concerned of the less representatives to assist the homeless. A pects of the plan providing for disposal to buildings and property at an installation redevelopment authority may not be re- State or local governments, representatives under clause (i)(IV) that the Secretary of quired to utilize the building or property to of the homeless, and other interested par- Housing and Urban Development determines assist the homeless. ties) as part of the proposed Federal action are suitable for use to assist the homeless; (N) The Secretary of Defense may postpone for the installation. and or extend any deadline provided for under

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 S5160 CONGRESSIONAL RECORD — SENATE September 11, 2017 this paragraph in the case of an installation (ii) the need for transferring functions to waste, management, and environmental covered by this paragraph for such period as any military installation that has been se- compliance activities with respect to such the Secretary considers appropriate if the lected as the receiving installation; or property or facilities exceed the fair market Secretary determines that such postpone- (iii) military installations alternative to value of such property or facilities as speci- ment is in the interests of the communities those recommended or selected. fied in such certification; or affected by the closure or realignment of the (3) A civil action for judicial review, with (B) the amount by which the costs (as de- installation. The Secretary shall make such respect to any requirement of the National termined by the Secretary) that would oth- determinations in consultation with the re- Environmental Policy Act of 1969 to the ex- erwise have been incurred by the Secretary development authority concerned and, in the tent such Act is applicable under paragraph for such restoration, management, and ac- case of deadlines provided for under this (2), of any act or failure to act by the De- tivities with respect to such property or fa- paragraph with respect to the Secretary of partment of Defense during the closing, re- cilities exceed the fair market value of such Housing and Urban Development, in con- aligning, or relocating of functions referred property or facilities as so specified. sultation with the Secretary of Housing and to in clauses (i) and (ii) of paragraph (2)(A), (4) As part of an agreement under para- Urban Development. may not be brought more than 60 days after graph (1), the Secretary shall disclose to the (O) For purposes of this paragraph, the the date of such act or failure to act. person to whom the property or facilities term ‘‘communities in the vicinity of the in- (e) WAIVER.—The Secretary of Defense may will be transferred any information of the stallation’’, in the case of an installation, close or realign military installations under Secretary regarding the environmental res- means the communities that constitute the this subtitle without regard to— toration, waste management, and environ- political jurisdictions (other than the State (1) any provision of law restricting the use mental compliance activities described in in which the installation is located) that of funds for closing or realigning military in- paragraph (1) that relate to the property or comprise the redevelopment authority for stallations included in any appropriations or facilities. The Secretary shall provide such the installation. authorization Act; and (P) For purposes of this paragraph, the information before entering into the agree- (2) sections 2662 and 2687 of title 10, United term ‘‘other interested parties’’, in the case ment. States Code. (5) Nothing in this subsection shall be con- of an installation, includes any parties eligi- (f) TRANSFER AUTHORITY IN CONNECTION ble for the conveyance of property of the in- strued to modify, alter, or amend the Com- WITH PAYMENT OF ENVIRONMENTAL REMEDI- stallation under section 550 of title 40, prehensive Environmental Response, Com- ATION COSTS.—(1)(A) Subject to paragraph (2) United States Code, or sections 47151 through pensation, and Liability Act of 1980 (42 of this subsection and section 120(h) of the 47153 of title 49, United States Code, whether U.S.C. 9601 et seq.) or the Solid Waste Dis- Comprehensive Environmental Response, or not the parties assist the homeless. posal Act (42 U.S.C. 6901 et seq.). (7)(A) Subject to subparagraph (C), the Sec- Compensation, and Liability Act of 1980 (42 (6) Section 330 of the National Defense Au- retary may enter into agreements (including U.S.C. 9620(h)), the Secretary may enter into thorization Act for Fiscal Year 1993 (Public contracts, cooperative agreements, or other an agreement to transfer by deed real prop- Law 102–484; 10 U.S.C. 2687 note) shall not arrangements for reimbursement) with local erty or facilities referred to in subparagraph apply to any transfer under this subsection governments for the provision of police or se- (B) with any person who agrees to perform to persons or entities described in subsection curity services, fire protection services, air- all environmental restoration, waste man- (a)(2) of such section 330, except in the case field operation services, or other community agement, and environmental compliance ac- of releases or threatened releases not dis- services by such governments at military in- tivities that are required for the property or closed pursuant to paragraph (4) of this sub- stallations to be closed under this subtitle, facilities under Federal and State laws, ad- section. or at facilities not yet transferred or other- ministrative decisions, agreements (includ- SEC. 2715. DEPARTMENT OF DEFENSE BASE CLO- wise disposed of in the case of installations ing schedules and milestones), and concur- SURE ACCOUNT 2017. closed under this subtitle, if the Secretary rences. (a) IN GENERAL.—(1) If a joint resolution is determines that the provision of such serv- (B) The real property and facilities re- enacted under section 2713(b), there shall be ices under such agreements is in the best in- ferred to in subparagraph (A) are the real established on the books of the Treasury an terests of the Department of Defense. property and facilities located at an installa- account to be known as the ‘‘Department of (B) The Secretary may exercise the author- tion closed or to be closed, or realigned or to Defense Base Closure Account 2017’’ (in this ity provided under this paragraph without be realigned, under this subtitle that are section referred to as the ‘‘Account’’). The regard to the provisions of chapter 146 of available exclusively for the use, or expres- Account shall be administered by the Sec- title 10, United States Code. sion of an interest in a use, of a redevelop- retary as a single account. (C) The Secretary may not exercise the au- ment authority under subsection (c)(6)(F) (2) There shall be deposited into the Ac- thority under subparagraph (A) with respect during the period provided for that use, or count— to an installation earlier than 180 days be- expression of interest in use, under that sub- (A) funds authorized for and appropriated fore the date on which the installation is to section. The real property and facilities re- to the Account; be closed. ferred to in subparagraph (A) are also the (B) any funds that the Secretary may, sub- (D) The Secretary shall include in a con- real property and facilities located at an in- ject to approval in an appropriation Act, tract for services entered into with a local stallation approved for closure or realign- transfer to the Account from funds appro- government under this paragraph a clause ment under this subtitle that are available priated to the Department of Defense for any that requires the use of professionals to fur- for purposes other than to assist the home- purpose, except that such funds may be nish the services to the extent that profes- less. transferred only after the date on which the sionals are available in the area under the (C) The Secretary may require any addi- Secretary transmits written notice of, and jurisdiction of such government. tional terms and conditions in connection justification for, such transfer to the con- (d) APPLICABILITY OF NATIONAL ENVIRON- with an agreement authorized by subpara- gressional defense committees; and MENTAL POLICY ACT OF 1969.—(1) The provi- graph (A) as the Secretary considers appro- sions of the National Environmental Policy (C) except as provided in subsection (d), Act of 1969 (42 U.S.C. 4321 et seq.) shall not priate to protect the interests of the United proceeds received from the lease, transfer, or apply to the actions of the President and, ex- States. disposal of any property at a military instal- (2) A transfer of real property or facilities cept as provided in paragraph (2), the Depart- lation that is closed or realigned under this may be made under paragraph (1) only if the ment of Defense in carrying out this sub- subtitle. title. Secretary certifies to Congress that— (3) The Account shall be closed at the time (2)(A) The provisions of the National Envi- (A) the costs of all environmental restora- and in the manner provided for appropriation ronmental Policy Act of 1969 shall apply to tion, waste management, and environmental accounts under section 1555 of title 31, actions of the Department of Defense under compliance activities otherwise to be paid by United States Code. Unobligated funds that this subtitle— the Secretary with respect to the property or remain in the Account upon closure shall be (i) during the process of property disposal; facilities are equal to or greater than the held by the Secretary of the Treasury until and fair market value of the property or facili- transferred by law after the congressional (ii) during the process of relocating func- ties to be transferred, as determined by the defense committees receive the report trans- tions from a military installation being Secretary; or mitted under subsection (c)(2). closed or realigned to another military in- (B) if such costs are lower than the fair (b) USE OF FUNDS.—(1) The Secretary may stallation after the receiving installation market value of the property or facilities, use the funds in the Account only for the has been selected but before the functions the recipient of the property or facilities purposes described in section 2714 with re- are relocated. agrees to pay the difference between the fair spect to military installations approved for (B) In applying the provisions of the Na- market value and such costs. closure or realignment under this subtitle. tional Environmental Policy Act of 1969 to (3) In the case of property or facilities cov- (2) When a decision is made to use funds in the processes referred to in subparagraph ered by a certification under paragraph the Account to carry out a construction (A), the Secretary of Defense and the Sec- (2)(A), the Secretary may pay the recipient project under section 2714(a) at a military in- retary of the military departments con- of such property or facilities an amount stallation in support of a master plan for the cerned shall not have to consider— equal to the lesser of— military installation as required under sec- (i) the need for closing or realigning the (A) the amount by which the costs in- tion 2712(h)(2)(D)(ii), such construction military installation that has been rec- curred by the recipient of such property or project shall be conducted in accordance ommended for closure or realignment; facilities for all environmental restoration, with the sections of chapter 169 of title 10,

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5161 United States Code, applicable to such con- and funding levels for the Account for such whichever is less, of the amount specified for struction project. fiscal year, including an explanation of— the project in the conference report to ac- (3)(A) In the case of construction projects (I) any failure to carry out military con- company the Act of Congress authorizing the carried out using funds in the Account that struction projects that were so proposed; and project. The scope of work for such a project exceed the applicable minor construction (II) any expenditures for military construc- may not be reduced by more than 25 percent threshold under section 2805 of title 10, tion projects that were not so proposed. from the scope specified in the most recent United States Code, the Secretary may carry (v) An estimate of the net revenues to be budget documents for the projects listed in out such a project that has not been author- received from property disposals to be com- such conference report. ized by law if the Secretary determines pleted during the first fiscal year com- (2) Paragraph (1) shall not apply to a mili- that— mencing after the submission of the report tary construction project or military family (i) the project is necessary for the Depart- at military installations approved for clo- housing project to be carried out using funds ment to execute a closure or realignment ac- sure or realignment under this subtitle. in the Account with an estimated cost of less tion under this subtitle; and (2) Not later than 60 days after the closure than $5,000,000, unless the project has not (ii) the requirement for the project is so of the Account under subsection (a)(3), the been previously identified in any budget sub- urgent that deferral of the project for au- Secretary shall transmit to the congres- mission for the Account and exceeds the ap- thorization by law would pose a significant sional defense committees a report con- plicable minor construction threshold under delay in proceeding with a realignment or taining an accounting of— section 2805 of title 10, United States Code. closure action under this subtitle or is incon- (A) all of the funds deposited into and ex- (3) The limitation on cost or scope vari- ation specified in paragraph (1) shall not sistent with national security or the protec- pended from the Account or otherwise ex- apply if the Secretary of Defense makes a de- tion of health, safety, or environmental pended under this subtitle with respect to termination that an increase or reduction in quality. such installations; and cost or a reduction in the scope of work for (B)(i) When a decision is made to carry out (B) any amount remaining in the Account. a military construction project or military a construction project under subparagraph (d) DISPOSAL OR TRANSFER OF COMMISSARY family housing project to be carried out (A), the Secretary shall submit to the con- STORES AND PROPERTY PURCHASED WITH NON- using funds in the Account is required for gressional defense committees in writing a APPROPRIATED FUNDS.—(1) If any real prop- the sole purpose of meeting unusual vari- report on that decision. Each such report erty or facility acquired, constructed, or im- ations in cost or scope. If the Secretary shall include— proved (in whole or in part) with commissary makes such a determination, the Secretary (I) a justification for the project and a cur- store funds or nonappropriated funds is shall notify the congressional defense com- rent estimate of the cost of the project; and transferred or disposed of in connection with mittees of the variation in cost or scope not (II) a justification for carrying out the the closure or realignment of a military in- later than 21 days before the date on which project under this subtitle. stallation under this subtitle, a portion of the variation is made in connection with the (ii) The Secretary may carry out a con- the proceeds of the transfer or other disposal project or, if the notification is provided in struction project under subparagraph (A) of property on that installation shall be de- an electronic medium pursuant to section 480 only after the end of the seven-day period be- posited in the reserve account established of title 10, United States Code, not later than ginning on the earlier of— under section 204(b)(7)(C) of the Defense Au- 14 days before the date on which the vari- (I) the date on which the report under thorization Amendments and Base Closure ation is made. The Secretary shall include clause (i) relating to such project is received and Realignment Act (Public Law 100–526; 10 the reasons for the variation in the notifica- by the congressional defense committees; or U.S.C. 2687 note). tion. (II) the date on which a copy of such report (2) The amount so deposited shall be equal SEC. 2716. RESTRICTION ON OTHER BASE CLO- is provided to such committees in an elec- to the depreciated value of the investment SURE AUTHORITY. tronic medium pursuant to section 480 of made with such funds in the acquisition, (a) IN GENERAL.—Except as provided in title 10, United States Code. construction, or improvement of that par- subsection (c), during the period beginning (4) The maximum amount that the Sec- ticular real property or facility. The depre- on the date of the enactment of this Act, and retary may obligate in any fiscal year under ciated value of the investment shall be com- ending on April 15, 2020, this subtitle shall be this section is $100,000,000. puted in accordance with regulations pre- the exclusive authority for selecting for clo- (5) A project carried out using funds under scribed by the Secretary. sure or realignment, or for carrying out any this section shall be carried out within the (3) The Secretary may use amounts in the closure or realignment of, a military instal- total amount of funds appropriated for the reserve account, without further appropria- lation inside the United States. Account that have not been obligated. tion, for the purpose of acquiring, con- (b) RESTRICTION.—Except as provided in (c) REPORTS.—(1)(A) Not later than 60 days structing, and improving— subsection (c), none of the funds available to after the end of each fiscal year in which the (A) commissary stores; and the Department of Defense may be used, Secretary carries out activities under this (B) real property and facilities for non- other than under this subtitle, during the pe- subtitle using funds in the Account, the Sec- appropriated fund instrumentalities. riod specified in subsection (a)— retary shall transmit a report to the con- (4) In this subsection: (1) to identify, through any transmittal to gressional defense committees of— (A) The term ‘‘commissary store funds’’ Congress or through any other public an- (i) the amount and nature of the deposits means funds received from the adjustment nouncement or notification, any military in- into, and the expenditures from, the Account of, or surcharge on, selling prices at com- stallation inside the United States as an in- during such fiscal year; missary stores fixed under section 2685 of stallation to be closed or realigned or as an (ii) the amount and nature of other expend- title 10, United States Code. installation under consideration for closure itures made pursuant to section 2714(a) dur- (B) The term ‘‘nonappropriated funds’’ or realignment; or ing such fiscal year; means funds received from a non- (2) to carry out any closure or realignment (iii) the amount and nature of anticipated appropriated fund instrumentality. of a military installation inside the United deposits to be made into, and the anticipated (C) The term ‘‘nonappropriated fund in- States. expenditures to be made from, the Account strumentality’’ means an instrumentality of (c) EXCEPTION.—Nothing in this subtitle af- during the first fiscal year commencing after the United States under the jurisdiction of fects the authority of the Secretary to carry the submission of the report; and the Armed Forces (including the Army and out closures and realignments to which sec- (iv) the amount and nature of anticipated Air Force Exchange Service, the Navy Resale tion 2687 of title 10, United States Code, is expenditures to be made pursuant to section and Services Support Office, and the Marine not applicable, including closures and re- 2714(a) during the first fiscal year com- Corps exchanges) which is conducted for the alignments carried out for reasons of na- mencing after the submission of the report. comfort, pleasure, contentment, or physical tional security or a military emergency de- (B) The report for a fiscal year shall in- or mental improvement of members of the scribed in subsection (d) of such section. clude the following: Armed Forces. SEC. 2717. DEFINITIONS. (i) The obligations and expenditures from (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS In this subtitle: the Account during the fiscal year, identified FOR ENVIRONMENTAL RESTORATION (1) The term ‘‘Account’’ means the Depart- by subaccount and installation, for each PROJECTS.—Except for funds deposited into ment of Defense Base Closure Account estab- military department and Defense Agency. the Account under subsection (a), funds ap- lished by section 2715(a)(1). (ii) The fiscal year in which appropriations propriated to the Department of Defense (2) The term ‘‘congressional defense com- for such expenditures were made and the fis- may not be used for purposes described in mittees’’ means the Committee on Armed cal year in which funds were obligated for section 2714(a)(1)(C). The prohibition in this Services and the Committee on Appropria- such expenditures. subsection shall expire upon the closure of tions of the Senate and the Committee on (iii) Each military construction project for the Account under subsection (a)(3). Armed Services and the Committee on Ap- which such obligations and expenditures (f) AUTHORIZED COST AND SCOPE OF WORK propriations of the House of Representatives. were made, identified by installation and VARIATIONS.—(1) Subject to paragraphs (2) (3) The term ‘‘military installation’’ means project title. and (3), the cost authorized for a military a base, camp, post, station, yard, center, (iv) A description and explanation of the construction project or military family homeport facility for any ship, or other ac- extent, if any, to which expenditures for housing project to be carried out using funds tivity under the jurisdiction of the Depart- military construction projects for the fiscal in the Account may not be increased or re- ment of Defense, including any leased facil- year differed from any proposals for projects duced by more than 20 percent or $2,000,000, ity. Such term does not include any facility

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 S5162 CONGRESSIONAL RECORD — SENATE September 11, 2017 used primarily for civil works, rivers and January 1, 2005 through December 31, 2005,’’; Investment Company Act of 1940 (15 U.S.C. harbors projects, flood control, or other and 80a–2(a)). projects not under the primary jurisdiction (2) by adding at the end the following new On page 8, line 15, strike ‘‘(1)’’ and insert or control of the Department of Defense. paragraph: ‘‘(2)’’. (4) The term ‘‘realignment’’ includes any ‘‘(6) Money rentals received by the United On page 9, line 20, strike ‘‘(2)’’ and insert action which both reduces and relocates States from a lease under subsection (g) at a ‘‘(3)’’. functions and civilian personnel positions military installation approved for closure or On page 10, line 2, insert ‘‘, or any research but does not include a reduction in force re- realignment under a base closure law on or report published or distributed by any sulting from workload adjustments, reduced after January 1, 2006, shall be deposited into broker or dealer that is an investment ad- personnel or funding levels, or skill imbal- the account established under section 2715 of viser (or an affiliated person of an invest- ances. the Defense Force and Infrastructure Review ment adviser) for the covered investment (5) The term ‘‘Secretary’’ means the Sec- Act of 2017.’’. fund’’ before the period at the end. retary of Defense. (b) RESTORED LEAVE.—Section 6304(d)(3)(A) On page 10, line 3, strike ‘‘(3)’’ and insert (6) The term ‘‘United States’’ means the 50 of title 5, United States Code, is amended by ‘‘(4)’’. States, the District of Columbia, the Com- striking ‘‘the Defense Base Closure and Re- On page 10, after line 4, add the following: monwealth of Puerto Rico, Guam, the Virgin alignment Act of 1990 (part A of title XXIX (5) The term ‘‘investment adviser’’ has the Islands, American Samoa, and any other of Public Law 101–510; 10 U.S.C. 2687 note)’’ meaning given the term in section 2(a) of the commonwealth, territory, or possession of and inserting ‘‘a base closure law, as that Investment Company Act of 1940 (15 U.S.C. the United States. term is defined in section 101(a)(17) of title 80a–2(a)). (7) The term ‘‘date of approval’’, with re- 10,’’. On page 10, line 5, strike ‘‘(4)’’ and insert spect to a closure or realignment of an in- ‘‘(6)’’. stallation, means the date on which Congress SA 934. Mr. WICKER submitted an On page 10, line 10, strike ‘‘(5)’’ and insert approves under section 2713(b) a rec- amendment intended to be proposed by ‘‘(7)’’. ommendation of closure or realignment, as him to the bill H.R. 2810, to authorize the case may be, of such installation. appropriations for fiscal year 2018 for SA 936. Mr. MCCONNELL (for Mr. (8) The term ‘‘redevelopment authority’’, military activities of the Department CORNYN) proposed an amendment to in the case of an installation to be closed or the bill S. 1311, to provide assistance in realigned under this subtitle, means any en- of Defense, for military construction, tity (including an entity established by a and for defense activities of the De- abolishing human trafficking in the State or local government) recognized by the partment of Energy, to prescribe mili- United States; as follows: Secretary of Defense as the entity respon- tary personnel strengths for such fiscal On page 41, in the matter preceding line 1, sible for developing the redevelopment plan year, and for other purposes; which was strike the items relating to sections 22 with respect to the installation or for direct- ordered to lie on the table; as follows: through 26 and insert the following: ing the implementation of such plan. At the appropriate place, insert the fol- Sec. 22. Understanding the effects of severe (9) The term ‘‘redevelopment plan’’ in the lowing: forms of trafficking in persons. case of an installation to be closed or re- SEC. lll. SHORT-TERM CONTINUATION OF Sec. 23. Combating trafficking in persons. aligned under this subtitle, means a plan FUNDING FOR THE UNITED STATES Sec. 24. Grant accountability. that— MERCHANT MARINE ACADEMY. Sec. 25. HERO Act improvements. (A) is agreed to by the local redevelopment (a) IN GENERAL.—Section 51301 of title 46, On page 41, between lines 15 and 16, insert authority with respect to the installation; United States Code, is amended by adding at the following: and the end the following: (2) in subsection (e)(1), in the matter pre- (B) provides for the reuse or redevelopment ‘‘(d) CONTINUING FUNDING.—Out of any ceding subparagraph (A), by striking ‘‘2019’’ of the real property and personal property of funds in the general fund of the Treasury not and inserting ‘‘2023’’; the installation that is available for such otherwise appropriated, there are hereby ap- On page 41, line 16, strike ‘‘(2)’’ and insert reuse and redevelopment as a result of the propriated such sums as may be necessary to ‘‘(3)’’. closure or realignment of the installation. continue the operations of the United States On page 41, line 20, strike ‘‘(3) in’’ and in- (10) The term ‘‘representative of the home- Merchant Marine Academy for any period, sert ‘‘(4) in’’. less’’ has the meaning given such term in not to exceed 2 weeks in any fiscal year, dur- On page 63, strike lines 1 through 16 and in- section 501(i)(4) of the Stewart B. McKinney ing which interim or full-year appropriations sert the following: Homeless Assistance Act (42 U.S.C. are not in effect for the United States Mer- SEC. 22. UNDERSTANDING THE EFFECTS OF SE- 11411(i)(4)). chant Marine Academy.’’. VERE FORMS OF TRAFFICKING IN SEC. 2718. TREATMENT AS A BASE CLOSURE LAW (b) SUNSET.—The amendment made by sub- PERSONS. FOR PURPOSES OF OTHER PROVI- section (a) shall remain in effect until the On page 65, strike line 1 and insert the fol- SIONS OF LAW. date that is 2 years after the date of the en- lowing: (a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN actment of this Act. SEC. 23. COMBATING TRAFFICKING IN PERSONS. TITLE 10.—Section 101(a)(17) of title 10, On page 66, strike line 13 and insert the fol- United States Code, is amended by adding at Mr. MCCONNELL (for Ms. SA 935. lowing: the end the following new subparagraph: WARREN (for herself and Mr. HELLER)) SEC. 24. GRANT ACCOUNTABILITY. ‘‘(D) The Defense Force and Infrastructure proposed an amendment to the bill S. Review Act of 2017.’’. On page 72, strike lines 21 through 24 and (b) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN 327, to direct the Securities and Ex- insert the following: OTHER LAWS.— change Commission to provide a safe SEC. 25. HERO ACT IMPROVEMENTS. (1) Section 131(b) of Public Law 107–249 (10 harbor related to certain investment (a) IN GENERAL.—Section 890A of the U.S.C. 221 note) is amended by striking fund research reports, and for other Homeland Security Act of 2002 (6 U.S.C. 473) ‘‘means’’ and all that follows and inserting purposes; as follows: is amended— ‘‘has the meaning given the term ‘base clo- On page 2, line 14, insert ‘‘, other than a (1) in subsection (a)— sure law’ in section 101(a)(17) of title 10, broker or dealer that is an investment ad- (A) in paragraph (1), by inserting ‘‘Home- United States Code.’’. viser to the fund or an affiliated person of land Security Investigations,’’ after ‘‘Cus- (2) Section 1334(k)(1) of the National De- the investment adviser to the fund’’ before toms Enforcement,’’; and fense Authorization Act for Fiscal Year 1994 the dash. (B) by striking paragraph (2) and inserting (Public Law 103–160; 10 U.S.C. 2701 note) is On page 8, strike line 6 and insert the fol- the following: amended by adding at the end the following lowing: ‘‘(2) PURPOSE.—The Center shall provide in- new subparagraph: (e) EXCEPTION.—The safe harbor under sub- vestigative assistance, training, and equip- ‘‘(C) The Defense Force and Infrastructure section (a) shall not apply to the publication ment to support domestic and international Review Act of 2017.’’. or distribution by a broker or a dealer of a investigations of cyber-related crimes by the (3) Section 2918(a)(1) of the National De- covered investment fund research report, the Department.’’; fense Authorization Act for Fiscal Year 1994 subject of which is a business development (2) in subsection (b)— (Public Law 103–160; 10 U.S.C. 2687 note) is company or a registered closed-end invest- On page 73, strike lines 7 through 10 and in- amended by adding at the end the following ment company, during the time period de- sert the following: new subparagraph: scribed in section 230.139(a)(1)(i)(A)(1) of title (i) in subparagraph (B)— ‘‘(C) The Defense Force and Infrastructure 17, Code of Federal Regulations, except On page 73, line 17, strike ‘‘(iii)’’ and insert Review Act of 2017.’’. where expressly permitted by the rules and ‘‘(ii)’’. SEC. 2719. CONFORMING AMENDMENTS. regulations of the Securities and Exchange On page 73, line 19, strike ‘‘(iv)’’ and insert (a) DEPOSIT AND USE OF LEASE PROCEEDS.— Commission under the Federal securities ‘‘(iii)’’. Section 2667(e) of title 10, United States laws. On page 73, line 21, strike ‘‘(2) in’’ and in- Code, is amended— (f) DEFINITIONS.—For purposes of this Act: sert ‘‘(3) in’’. (1) in paragraph (5), by striking ‘‘on or (1) The term ‘‘affiliated person’’ has the On page 74, line 1, strike ‘‘(DF/DOMEX)’’. after January 1, 2005,’’ and inserting ‘‘from meaning given the term in section 2(a) of the On page 74, line 13, strike ‘‘and’’.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.063 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5163 On page 74, strike line 16 and all that fol- pant appointed to an internship position year, and for other purposes; which was lows through page 79, line 15, and insert the under this subsection who is not receiving ordered to lie on the table; as follows: following: monthly basic pay as a member of the Armed At the end of subtitle B of title I, add the ‘‘(e) HERO CHILD-RESCUE CORPS.— Forces on active duty shall receive com- following: ‘‘(1) ESTABLISHMENT.— pensation at a rate that is— SEC. lll. AH-64 APACHE HELICOPTER PRO- ‘‘(A) IN GENERAL.—There is established ‘‘(A) not less than the minimum rate of GRAM. within the Center a Human Exploitation basic pay payable for a position at level GS– (a) BASING DECISIONS.—The Secretary of Rescue Operation Child-Rescue Corps Pro- 5 of the General Schedule; and Defense shall halt any decisions or actions gram (referred to in this section as the ‘‘(B) not more than the maximum rate of taken pursuant to the Army Restructuring ‘HERO Child-Rescue Corps Program’), which basic pay payable for a position at level GS– Initiative (ARI) or recommendations of the shall be a Department-wide program, in col- 7 of the General Schedule. 2016 National Commission on the Future of laboration with the Department of Defense ‘‘(6) ELIGIBILITY.—In establishing the paid the Army (NCFA) relating to the basing and and the National Association to Protect internship and hiring program required force structure of AH–64 Apache helicopters. Children. under paragraph (1), the Secretary shall en- (b) ANALYSIS.—Not later than 90 days after ‘‘(B) PRIVATE SECTOR COLLABORATION.—As sure that the eligibility requirements for the date of the enactment of this Act, the part of the HERO Child-Rescue Corps Pro- participation in the internship program are Secretary of the Army shall submit to the gram, the National Association to Protect the same as the eligibility requirements for congressional defense committees a report Children shall provide logistical support for participation in the HERO Child-Rescue with findings of the updated and current program participants. Corps Program. analysis related to the AH–64 Apache heli- ‘‘(2) PURPOSE.—The purpose of the HERO ‘‘(7) HERO CORPS HIRING.—The Secretary copter program, with respect to regular, Re- Child-Rescue Corps Program shall be to re- shall establish within Homeland Security In- serve, and National Guard forces, which shall cruit, train, equip, and employ members of vestigations positions, which shall be in ad- be incorporated in the modernization strat- the Armed Forces on active duty and wound- dition to any positions in existence on the egy for the total Army required in section ed, ill, and injured veterans to combat and date of enactment of this subsection, for the 1062, and shall take into particular account— prevent child exploitation, including in in- hiring and permanent employment of grad- (1) current and projected readiness data for vestigative, intelligence, analyst, inspection, uates of the paid internship program re- relevant units in the total Army; and forensic positions or any other positions quired to be established under paragraph (2) current and anticipated pilot attrition, determined appropriate by the employing (1).’’; and retention, and training in the total Army, agency. (3) in subsection (g), as so redesignated— with consideration for contractual training ‘‘(3) FUNCTIONS.—The HERO Child-Rescue (A) by striking ‘‘There are authorized’’ and obligations for coalition partner nations; Program shall— inserting the following: (3) current trends and policy, without con- ‘‘(A) provide, recruit, train, and equip par- ‘‘(1) IN GENERAL.—There are authorized’’; straints from the Budget Control Act of 2011 ticipants of the Program in the areas of dig- and (Public Law 112–25), the Army Aviation Re- ital forensics, investigation, analysis, intel- (B) by adding at the end the following: structuring Initiative, and the National ligence, and victim identification, as deter- Commission on the Future of the Army ‘‘(2) ALLOCATION.—Of the amount made mined by the Center and the needs of the De- available pursuant to paragraph (1) in each (NCFA); and partment; and (4) the total number of Attack Reconnais- ‘‘(B) ensure that during the internship pe- of fiscal years 2018 through 2022, not more than $10,000,000 shall be used to carry out sance Battalions and Heavy Armed Recon- riod, participants of the Program are as- naissance Squadrons needed in the total signed to investigate and analyze— subsection (e) and not less than $2,000,000 shall be used to carry out subsection (f).’’. Army. ‘‘(i) child exploitation; (c) RESUMPTION OF TRAINING.—In order to ‘‘(ii) child pornography; increase AH–64 Apache training capacity, the SA 937. Mr. MCCONNELL (for Mr. ‘‘(iii) unidentified child victims; Secretary of Defense shall resume AH–64 ‘‘(iv) human trafficking; GRASSLEY) proposed an amendment to Army National Guard training at an addi- ‘‘(v) traveling child sex offenders; and the bill S. 1312, to prioritize the fight tional location which has demonstrated re- ‘‘(vi) forced child labor, including the sex- against human trafficking in the cent historical capability to meet AH–64 ual exploitation of minors. United States; as follows: pilot training requirements and increase ca- ‘‘(f) PAID INTERNSHIP AND HIRING PRO- Beginning on page 69, strike line 23 and all pacity of AH–64 pilots across the Army, GRAM.— that follows through page 70, line 6. Army National Guard, and coalition partner ‘‘(1) IN GENERAL.—The Secretary shall es- On page 70, line 7, strike ‘‘(e)’’ and insert nations. tablish a paid internship and hiring program ‘‘(d)’’. for the purpose of placing participants of the On page 73, strike line 22 and insert the fol- SA 939. Mr. REED (for himself, Mr. HERO Child-Rescue Corps Program (in this lowing: MCCAIN, Mr. CARDIN, Mr. BROWN, Mr. subsection referred to as ‘participants’) into requests for funding under clause (i). WHITEHOUSE, and Mr. DURBIN) sub- paid internship positions, for the subsequent ‘‘(iii) Before amounts are distributed from mitted an amendment intended to be appointment of the participants to perma- the Fund to a department or agency for the proposed by him to the bill H.R. 2810, nent positions, as described in the guidelines purpose described in clause (i), the Director to authorize appropriations for fiscal promulgated under paragraph (3). shall evaluate whether the activities pro- year 2018 for military activities of the ‘‘(2) INTERNSHIP POSITIONS.—Under the paid posed to be carried out by such department Department of Defense, for military internship and hiring program required to be or agency would duplicate services that are construction, and for defense activities established under paragraph (1), the Sec- provided by another department or agency of retary shall assign or detail participants to the Federal Government (including the De- of the Department of Energy, to pre- positions within United States Immigration partment of Justice) using amounts from the scribe military personnel strengths for and Customs Enforcement or any other Fed- Fund, and impose measures to avoid such du- such fiscal year, and for other pur- eral agency in accordance with the guide- plication to the greatest extent possible.’’. poses; which was ordered to lie on the lines promulgated under paragraph (3). On page 79, strike lines 18 through 23 and table; as follows: ‘‘(3) PLACEMENT.— insert the following: At the end of subtitle D of title XII, add ‘‘(A) IN GENERAL.—The Secretary shall pro- (A) emphasizes a multidisciplinary, col- the following: mulgate guidelines for assigning or detailing laborative effort by law enforcement officers SEC. lll. STRATEGY ON COUNTERING THE participants to positions within United who provide a broad range of investigation THREAT OF MALIGN INFLUENCE BY States Immigration and Customs Enforce- and prosecution options in response to per- THE RUSSIAN FEDERATION. ment and other Federal agencies, which shall petrators, and victim service providers, who (a) FINDINGS.—The Congress makes the fol- include requirements for internship duties offer services and resources for victims; lowing findings: and agreements regarding the subsequent ap- On page 87, line 17, strike ‘‘comprehen- (1) On October 7, 2016, the Department of pointment of the participants to permanent sive’’. Homeland Security and the Office of the Di- positions. On page 88, line 1, strike ‘‘comprehensive’’. rector National Intelligence issued a joint ‘‘(B) PREFERENCE.—The Secretary shall statement warning that ‘‘[t]he U.S. Intel- give a preference to Homeland Security In- SA 938. Mrs. ERNST (for herself and ligence Community (USIC) is confident that vestigations in assignments or details under Mrs. MCCASKILL) submitted an amend- the Russian Government directed the recent the guidelines promulgated under subpara- ment intended to be proposed by her to compromises of e-mails from U.S. persons graph (A). the bill H.R. 2810, to authorize appro- and institutions, including from U.S. polit- ‘‘(4) TERM OF INTERNSHIP.—An appointment priations for fiscal year 2018 for mili- ical organizations. The recent disclosures of to an internship position under this sub- tary activities of the Department of alleged hacked e-mails on sites like section shall be for a term not to exceed 12 DCLeaks.com and WikiLeaks and by the months. Defense, for military construction, and Guccifer 2.0 online persona are consistent ‘‘(5) RATE AND TERM OF PAY.—After comple- for defense activities of the Depart- with the methods and motivations of Rus- tion of initial group training and upon begin- ment of Energy, to prescribe military sian-directed efforts. These thefts and disclo- ning work at an assigned office, a partici- personnel strengths for such fiscal sures are intended to interfere with the U.S.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.069 S11SEPT1 S5164 CONGRESSIONAL RECORD — SENATE September 11, 2017

election process. Such activity is not new to (A) THREAT ASSESSMENT.—An assessment organizations in the United States and Moscow—the Russians have used similar tac- of the nature and extent of the threat of ma- abroad to enhance their resilience to malign tics and techniques across Europe and Eur- lign influence by the Russian Federation to influence by the Russian Federation in asia, for example, to influence public opinion the national security of the United States cyberspace. there. We believe, based on the scope and and our allies and partners, including the (E) POLITICAL AND DIPLOMATIC MEASURES.— sensitivity of these efforts, that only Rus- following: Actions to counter malign political influence sia’s senior-most officials could have author- (i) An identification of the countries and by the Russian Federation in the United ized these activities’’. institutions that are most vulnerable to ma- States and among our European allies and (2) On January 6, 2017, a unanimous report lign influence by the Russian Federation. partners, including the following: from the United States intelligence commu- (ii) A description of the active measures (i) Programs and activities to enhance the nity, including the Central Intelligence and other techniques that the Government of resilience of United States democratic insti- Agency, the National Security Agency, the the Russian Federation uses in the conduct tutions and infrastructure at the national Federal Bureau of Investigation, and the Of- of influence activities. and subnational levels. fice of the Director of National Intelligence, (iii) A description of the key decision-mak- (ii) Programs, working through the De- assessed that Russia President Putin ‘‘or- ers, organizational structures, proxies and partment of State and the United States dered an influence campaign in 2016 aimed at agents of the Government of the Russian Agency for International Development, to the U.S. presidential election’’ and that Federation in its conduct of influence activi- promote good governance and enhance demo- ‘‘Russia’s goals were to undermine public ties against the United States and its allies cratic institutions abroad, particularly in and partners. faith in the U.S. democratic process’’. countries deemed most vulnerable to malign (B) SECURITY MEASURES.—Actions to (3) The Russian Federation has conducted influence by the Russian Federation. counter the use of force, coercion, and other similar influence campaigns in European (iii) Actions within the United Nations, the hybrid warfare operations of the military, countries designed to undermine the North Organization for Security and Cooperation in intelligence, and other security forces of the Atlantic Treaty Organization (NATO), the Europe, and other multi-lateral organiza- Russian Federation, including the following: European Union (EU), and other democratic tions to counter malign influence by the (i) Actions to build the military presence institutions of free societies, and violated Russian Federation. and capabilities of military and security the sovereignty and territorial integrity of (iv) Actions to identify organizations or European countries such as Ukraine and forces of the United States and European al- lies and partners to deter and respond to ag- networks of individuals affiliated with or Georgia through the use of force. collaborating with the Government of the (4) Aggressive operations by the Russian gression by the Russian Federation. (ii) Actions to improve indications and Russian Federation or proxies of the Russian Federation and its proxies to influence, Federation in the United States or our Euro- interfere with and undermine the core insti- warnings, and capabilities to identify and at- tribute responsibility for the use of force, co- pean allies and partners. tutions and processes of democratic and free (F) FINANCIAL MEASURES.—Actions to societies, including elections and inde- ercion, or other hybrid warfare operations by the Russian Federation. counter corrupt and illicit financial net- pendent media, pose a threat to the national works of the Russian Federation in the security of the United States, to the trans- (iii) Actions to support North Atlantic Treaty Organization allies and non-North United States and abroad, including the fol- atlantic relationships, and to the multilat- Atlantic Treaty Organization partners in lowing eral institutions underpinning the global maintaining their sovereignty and terri- (i) Actions to promote the transparency of order, including the North Atlantic Treaty torial integrity. corrupt and illicit financial transactions of Organization and the European Union. (C) INFORMATION OPERATIONS.—Actions to the Russian Federation, and other anti-cor- (b) STATEMENT OF UNITED STATES POLICY.— counter information operations of the Rus- ruption measures. It is the policy of the United States to em- sian Federation, including the following: (ii) Actions to maintain and enhance the ploy a whole-of-government approach, uti- (i) Actions to identify and attribute malign focus within the Department of the Treasury lizing all tools of national power, to effec- disinformation, active measures, propa- on tracing corrupt and illicit financial flows tively counter the threat of malign influence ganda, and deception and denial activities of linked to the Russian Federation that inter- by the Russian Federation while remaining the Russian Federation in the United States act with the United States financial system true to the core values and principles of the and Europe, through traditional and social and exposing beneficial ownership and United States. media. opaque Russia-related business transactions (c) STRATEGY REQUIRED.— (ii) The establishment of interagency of significant importance. (1) STRATEGY.—Not later than 120 days mechanisms for the coordination and imple- (iii) Actions to build the capacity of finan- after the date of the enactment of this Act, mentation of the strategy with respect to cial intelligence units of allies and partners. the President shall submit to the appro- disinformation, active measures, propa- (iv) Actions to enhance financial intel- priate committees of Congress a comprehen- ganda, and deception and denial activities of ligence cooperation between the United sive strategy to counter the threat of malign the Russian Federation. States and the European Union. influence by the Russian Federation. (iii) Actions to strengthen the effective- (G) ENERGY SECURITY MEASURES.—Actions (2) SCOPE OF STRATEGY.—The strategy re- ness of and fully resource the Global Engage- to promote the energy security of our Euro- quired by paragraph (1) shall include actions ment Center to carry out its purpose speci- pean allies and partners, and to reduce their as follows: fied in section 1287(a)(2) of National Defense dependence on energy imports from the Rus- (A) To identify and defend against the Authorization Act for Fiscal Year 2017 (22 sian Federation that the Russian Federation threat of malign influence by the Russian U.S.C. 2656 note) to lead, synchronize, and uses as a weapon to coerce, intimidate, and Federation, including— coordinate efforts of the Federal Govern- influence those countries, including the fol- (i) the use of misinformation, ment to recognize, understand, expose, and lowing: disinformation, and propaganda in social and counter propaganda and disinformation ef- (i) Actions to develop plans, working with traditional media; forts by the Russian Federation, other for- the governments of our European allies and (ii) corrupt or illicit financing of political eign governments, and non-State actors. partners to enhance energy market liberal- parties, think tanks, media organizations, (iv) Programs to strengthen investigative ization, effective regulation and oversight, and academic institutions; and journalism and media independence abroad energy reliability, and energy efficiency. (iii) the use of coercive economic tools, in- in countries most vulnerable to malign Rus- (ii) Actions to work with the European cluding sanctions, market access, and dif- sian influence. Union to promote the growth of liquefied ferential pricing, especially in the energy (v) Actions to build resilience to natural gas trade and expansion of the gas sector. disinformation, active measures, propa- transport infrastructure in Europe. (B) To deter, and respond when necessary, ganda, and deception and denial activities of (iii) Actions to promote a dialogue within to malicious cyber activities by the Russian the Russian Federation in the United States the North Atlantic Treaty Organization on a Federation, including through the use of of- and other countries vulnerable to malign coherent, strategic approach to energy secu- fensive cyber capabilities consistent with Russian influence. rity for North Atlantic Treaty Organization the policy specified in section 1621. (vi) Efforts to work with traditional and members and partner nations. (C) To promote the core values and prin- social media providers to counter the threat (H) PROMOTION OF VALUES.—Actions to pro- ciples of the United States, enhance the of malign influence by the Russian Federa- mote United States values and principles to transatlantic relationship, strengthen good tion. provide a strong, credible alternative to ma- governance and democracy among our Euro- (D) CYBER MEASURES.—Actions to counter lign influence by the Russian Federation, in- pean allies and partners, and further integra- the threat of malign influence by the Rus- cluding the following: tion into multilateral institutions underpin- sian Federation in cyberspace, including the (i) Actions to promote our alliance struc- ning the global order, including the North following: ture, the importance for United States na- Atlantic Treaty Organization and the Euro- (i) Actions to implement the policy of the tional security of transatlantic security, and pean Union. United States on cyberspace, cybersecurity, the continued integration of countries with- (3) ELEMENTS.—The strategy required by and cyber warfare specified in section 1621. in multilateral institutions within Europe. paragraph (1) shall include the following ele- (ii) Programs to educate citizens, informa- (ii) Public diplomacy and outreach to the ments: tion technology experts, and private sector people of the Russian Federation.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.066 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5165 (d) CONSISTENCY WITH PRIOR LEGISLA- Hearing none, the bill having been onstrators gathered at Emancipation Park TION.—The strategy developed pursuant to read the third time, the question is, in Charlottesville; subsection (c) shall be consistent with the Shall the bill pass? Whereas the extremist demonstration following: The bill (H.R. 3732) was passed. turned violent, culminating in the death of (1) The Countering America’s Adversaries peaceful counter-demonstrator Heather Through Sanctions Act (Public law 115–44). Mr. MCCONNELL. I ask unanimous Heyer and injuries to 19 other individuals (2) The Ukraine Freedom Support Act of consent that the motion to reconsider after a neo-Nazi sympathizer allegedly drove 2014 (22 U.S.C. 8921 et seq.). be considered made and laid upon the a vehicle into a crowd, an act that resulted (3) The Sovereignty, Integrity, Democracy, table. in a charge of second degree murder, 3 counts and Economic Stability of Ukraine Act of The PRESIDING OFFICER. Without of malicious wounding, and 1 count of hit 2014 (22 U.S.C. 8901 et seq.). objection, it is so ordered. and run; (4) The Sergei Magnitsky Rule of Law Ac- Whereas 2 Virginia State Police officers, countability Act of 2012 (22 U.S.C. 5811 note). f Lieutenant H. Jay Cullen and Trooper Pilot (e) APPROPRIATE COMMITTEES OF CONGRESS CONDEMNING THE VIOLENCE AND Berke M.M. Bates, died in a helicopter crash DEFINED.—In the section the term ‘‘appro- as they patrolled the events occurring below priate committees of Congress’’ means— DOMESTIC TERRORIST ATTACK them; (1) the Committee on Armed Services, the THAT TOOK PLACE DURING Whereas the Charlottesville community is Committee on Foreign Relations, the Com- EVENTS BETWEEN AUGUST 11 engaged in a healing process following this mittee on Appropriations, the Committee on AND AUGUST 12, 2017, IN CHAR- horrific and violent display of bigotry; and the Judiciary, the Committee on Banking, LOTTESVILLE, VIRGINIA Whereas White nationalists, White su- Housing and Urban Affairs, and the Select premacists, the Ku Klux Klan, neo-Nazis, and Committee on Intelligence of the Senate; Mr. MCCONNELL. Mr. President, I other hate groups reportedly are organizing and ask unanimous consent that the Sen- similar events in other cities in the United (2) the Committee on Armed Services, the ate proceed to the immediate consider- States and communities everywhere are con- Committee on Foreign Affairs, the Com- ation of Calendar No. 212, S.J. Res. 49. cerned about the growing and open display of mittee on Appropriations, the Committee on The PRESIDING OFFICER. The hate and violence being perpetrated by those the Judiciary, the Committee on Financial clerk will report the joint resolution groups: Now, therefore, be it Services, and the Permanent Select Com- by title. Resolved by the Senate and House of Rep- mittee on Intelligence of the House of Rep- The senior assistant legislative clerk resentatives of the United States of America in resentatives. read as follows: Congress assembled, That Congress— f (1) condemns the racist violence and do- A joint resolution (S.J. Res. 49) con- mestic terrorist attack that took place be- PRIVILEGES OF THE FLOOR demning the violence and domestic terrorist tween August 11 and August 12, 2017, in Char- attack that took place during events be- Mrs. ERNST. Mr. President, I ask lottesville, Virginia; tween August 11 and August 12, 2017, in Char- (2) recognizes— unanimous consent that Ken lottesville, Virginia, recognizing the first re- Hockycko, a fellow in my office, be (A) Heather Heyer, who was killed, and 19 sponders who lost their lives while moni- other individuals who were injured in the re- granted floor privileges for the remain- toring the events, offering deepest condo- ported domestic terrorist attack; and der of the year. lences to the families and friends of those in- (B) several other individuals who were in- The PRESIDING OFFICER. Without dividuals who were killed and deepest sym- jured in separate attacks while standing up objection, it is so ordered. pathies and support to those individuals who to hate and intolerance; were injured by the violence, expressing sup- (3) recognizes the public service and her- f port for the Charlottesville community, re- oism of Virginia State Police officers Lieu- SIGNING AUTHORITY jecting White nationalists, White suprema- tenant H. Jay Cullen and Trooper Pilot cists, the Ku Klux Klan, neo-Nazis, and other Berke M.M. Bates, who lost their lives while Mr. MCCONNELL. Mr. President, I hate groups, and urging the President and responding to the events from the air; ask unanimous consent that the junior the President’s Cabinet to use all available (4) offers— Senator from Montana be authorized to resources to address the threats posed by (A) condolences to the families and friends sign duly enrolled bills or joint resolu- those groups. of Heather Heyer, Lieutenant H. Jay Cullen, tions on Monday, September 11, 2017. There being no objection, the Senate and Trooper Pilot Berke M.M. Bates; and The PRESIDING OFFICER. Without proceeded to consider the joint resolu- (B) sympathy and support to those individ- objection, it is so ordered. tion. uals who are recovering from injuries sus- tained during the attacks; f Mr. MCCONNELL. Mr. President, I further ask unanimous consent that (5) expresses support for the Charlottes- ville community as the community heals fol- AMENDING SECTION 1113 OF THE the joint resolution be read a third SOCIAL SECURITY ACT lowing this demonstration of violent bigotry; time and passed, the preamble be (6) rejects White nationalism, White su- Mr. MCCONNELL. Mr. President, I agreed to, and the motions to consider premacy, and neo-Nazism as hateful expres- ask unanimous consent that the Sen- be considered made and laid upon the sions of intolerance that are contradictory ate proceed to the immediate consider- table with no intervening action or de- to the values that define the people of the ation of H.R. 3732. bate. United States; and The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there (7) urges— objection? (A) the President and his administration clerk will report the bill by title. to— The senior assistant legislative clerk Without objection, it is so ordered. (i) speak out against hate groups that read as follows: The joint resolution (S.J. Res. 49) espouse racism, extremism, xenophobia, A bill (H.R. 3732) to amend section 1113 of was ordered to be engrossed for a third anti-Semitism, and White supremacy; and the Social Security Act to provide authority reading, was read the third time, and (ii) use all resources available to the Presi- for increased fiscal year 2017 and 2018 pay- passed. dent and the President’s Cabinet to address ments for temporary assistance to United The preamble was agreed to. the growing prevalence of those hate groups States citizens returned from foreign coun- The joint resolution, with its pre- in the United States; and tries. amble, reads as follows: (B) the Attorney General to work with— There being no objection, the Senate (i) the Secretary of Homeland Security to S.J. RES. 49 investigate thoroughly all acts of violence, proceeded to consider the bill. Whereas, on the night of Friday, August 11, intimidation, and domestic terrorism by Mr. MCCONNELL. Mr. President, I 2017, a day before a White nationalist dem- White supremacists, White nationalists, neo- ask unanimous consent that the bill be onstration was scheduled to occur in Char- Nazis, the Ku Klux Klan, and associated considered read a third time. lottesville, Virginia, hundreds of torch-bear- groups in order to determine if any criminal The PRESIDING OFFICER. Without ing White nationalists, White supremacists, laws have been violated and to prevent those objection, it is so ordered. Klansmen, and neo-Nazis chanted racist, groups from fomenting and facilitating addi- The bill was ordered to a third read- anti-Semitic, and anti-immigrant slogans tional violence; and ing and was read the third time. and violently engaged with counter-dem- (ii) the heads of other Federal agencies to onstrators on and around the grounds of the improve the reporting of hate crimes and to Mr. MCCONNELL. I know of no fur- University of Virginia in Charlottesville; emphasize the importance of the collection, ther debate on the bill. Whereas, on Saturday, August 12, 2017, and the reporting to the Federal Bureau of The PRESIDING OFFICER. Is there ahead of the scheduled start time of the Investigation, of hate crime data by State further debate? planned march, protestors and counter-dem- and local agencies.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.066 S11SEPT1 S5166 CONGRESSIONAL RECORD — SENATE September 11, 2017 SMALL BUSINESS CAPITAL S. 327 (4) provide that a covered investment fund FORMATION ENHANCEMENT ACT Be it enacted by the Senate and House of Rep- research report shall not be subject to sec- resentatives of the United States of America in tion 24(b) of the Investment Company Act of Mr. MCCONNELL. Mr. President, I Congress assembled, 1940 (15 U.S.C. 80a–24(b)) or the rules and reg- ask unanimous consent that the Com- SECTION 1. SHORT TITLE. ulations thereunder, except that such report mittee on Banking, Housing, and This Act may be cited as the ‘‘Fair Access may still be subject to such section and the Urban Affairs be discharged from fur- to Investment Research Act of 2017’’. rules and regulations thereunder to the ex- ther consideration of S. 416 and the SEC. 2. SAFE HARBOR FOR INVESTMENT FUND tent that it is otherwise not subject to the Senate proceed to its immediate con- RESEARCH. content standards in the rules of any self- sideration. (a) EXPANSION OF THE SAFE HARBOR.—Not regulatory organization related to research later than the end of the ø45-day¿ 180-day pe- reports, including those contained in the The PRESIDING OFFICER. Without riod beginning on the date of enactment of rules governing communications with the objection, it is so ordered. this Act, the Securities and Exchange Com- public regarding investment companies or The clerk will report the bill by title. mission shall propose, and not later than the substantially similar standards. The senior assistant legislative clerk end of the ø180-day¿ 270-day period beginning (c) RULES OF CONSTRUCTION.—Nothing in read as follows: on such date, the Commission shall adopt, this Act shall be construed as in any way A bill (S. 416) to amend the Small Business upon such terms, conditions, or require- limiting— Investment Incentive Act of 1980 to require ments as the Commission may determine (1) the applicability of the antifraud or an annual review by the Securities and Ex- necessary or appropriate in the public inter- antimanipulation provisions of the Federal change Commission of the annual govern- est, for the protection of investors, and for securities laws and rules adopted thereunder the promotion of capital formation, revi- ment-business forum on capital formation. to a covered investment fund research re- sions to section 230.139 of title 17, Code of There being no objection, the Senate port, including section 17 of the Securities Federal Regulations, to provide that a cov- Act of 1933 (15 U.S.C. 77q), section 34(b) of the proceeded to consider the bill. ered investment fund research report that is Investment Company Act of 1940 (15 U.S.C. Mr. MCCONNELL. Mr. President, I published or distributed by a broker or deal- 80a–33(b)), and sections 9 and 10 of the Secu- ask unanimous consent that the bill be er— rities Exchange Act of 1934 (15 U.S.C. 78i, considered read a third time and passed (1) shall be deemed, for purposes of sections 78j); or 2(a)(10) and 5(c) of the Securities Act of 1933 (2) the authority of any self-regulatory or- and the motion to reconsider be consid- (15 U.S.C. 77b(a)(10), 77e(c)), not to constitute ganization to examine or supervise a mem- ered made and laid upon the table. an offer for sale or an offer to sell a security ber’s practices in connection with such mem- The PRESIDING OFFICER. Without that is the subject of an offering pursuant to ber’s publication or distribution of a covered objection, it is so ordered. a registration statement that is effective, investment fund research report for compli- The bill (S. 416) was ordered to be en- even if the broker or dealer is participating ance with applicable provisions of the Fed- or will participate in the registered offering grossed for a third reading, was read eral securities laws or self-regulatory orga- of the covered investment fund’s securities; the third time, and passed, as follows: nization rules related to research reports, in- and cluding those contained in rules governing S. 416 (2) shall be deemed to satisfy the condi- Be it enacted by the Senate and House of Rep- tions of paragraph ø(a)¿(1) or ø(a)¿(2) of sec- communications with the public, or to require resentatives of the United States of America in tion 230.139 (a) of title 17, Code of Federal the filing of communications with the public the Congress assembled, Regulations, or any successor provisions, for purpose of which is not to provide research and SECTION 1. SHORT TITLE. purposes of the Commission’s rules and regu- analysis of covered investment funds. This Act may be cited as the ‘‘Small Busi- lations under the Federal securities laws and (d) INTERIM EFFECTIVENESS OF SAFE HAR- ness Capital Formation Enhancement Act’’. the rules of any self-regulatory organization. BOR.— (b) IMPLEMENTATION OF SAFE HARBOR.—In (1) IN GENERAL.—From and after the ø180- SEC. 2. ANNUAL REVIEW OF GOVERNMENT-BUSI- ¿ NESS FORUM ON CAPITAL FORMA- implementing the safe harbor pursuant to day 270-day period beginning on the date of TION. subsection (a), the Commission shall— enactment of this Act, if the Commission has Section 503 of the Small Business Invest- (1) not, in the case of a covered investment not adopted revisions to section 230.139 of ment Incentive Act of 1980 (15 U.S.C. 80c–1) is fund with a class of securities in substan- title 17, Code of Federal Regulations, as re- amended by adding at the end the following: tially continuous distribution, condition the quired by subsection (a), and until such time ‘‘(e) The Commission shall— safe harbor on whether the broker’s or deal- as the Commission has done so, a broker or ‘‘(1) review the findings and recommenda- er’s publication or distribution of a covered dealer distributing or publishing a covered tions of the forum; and investment fund research report constitutes investment fund research report after such ‘‘(2) each time the forum submits a finding such broker’s or dealer’s initiation or reiniti- date shall be able to rely on the provisions of or recommendation to the Commission, ation of research coverage on such covered section 230.139 of title 17, Code of Federal promptly issue a public statement— investment fund or its securities; Regulations, and the broker or dealer’s pub- ‘‘(A) assessing the finding or recommenda- (2) not— lication of such report shall be deemed to tion of the forum; and (A) require the covered investment fund to satisfy the conditions of paragraph ø(a)¿(1) ‘‘(B) disclosing the action, if any, the Com- have been registered as an investment com- or ø(a)¿(2) of øthat¿ section 230.139(a) of title mission intends to take with respect to the pany under the Investment Company Act of 17, Code of Federal Regulations, if the covered finding or recommendation.’’. 1940 (15 U.S.C. 80a–1 et seq.) or subject to the investment fund that is the subject of such reporting requirements of section 13 or 15(d) report satisfies the reporting history re- f of the Securities Exchange Act of 1934 (15 quirements (without regard to Form S–3 or FAIR ACCESS TO INVESTMENT U.S.C. 78m, 78o(d)) for any period exceeding Form F–3 eligibility) and minimum float RESEARCH ACT OF 2017 the period of time referenced under øpara- provisions of such subsections for purposes of graph (a)(1)(i)(A)(1) of¿ section 230.139 the Commission’s rules and regulations Mr. MCCONNELL. Mr. President, I (a)(1)(i)(A)(1) of title 17, Code of Federal Reg- under the Federal securities laws and the ask unanimous consent that the Sen- ulations; or rules of any self-regulatory organization, as ate proceed to the immediate consider- (B) impose a minimum float provision ex- if revised and implemented in accordance ation of Calendar No. 11, S. 327. ceeding that referenced in øparagraph with subsections (a) and (b). The PRESIDING OFFICER. The (a)(1)(i)(A)(1)(i) of¿ section 230.139 (2) STATUS OF COVERED INVESTMENT FUND.— clerk will report the bill by tile. (a)(1)(i)(A)(1)(i) of title 17, Code of Federal After such period and until the Commission The senior assistant legislative clerk Regulations; has adopted revisions to section 230.139 of title 17, Code of Federal Regulations, and read as follows: (3) provide that a self-regulatory organiza- tion may not maintain or enforce any rule FINRA has revised rule 2210, for purposes of A bill (S. 327) to direct the Securities and that would— subsection (c)(7)(O) of such rule, a covered Exchange Commission to provide a safe har- (A) prohibit the ability of a member to investment fund shall be deemed to be a se- bor related to certain investment fund re- publish or distribute a covered investment curity that is listed on a national securities search reports, and for other purposes. fund research report solely because the mem- exchange and that is not subject to section There being no objection, the Senate ber is also participating in a registered offer- 24(b) of the Investment Company Act of 1940 proceeded to consider the bill, which ing or other distribution of any securities of (15 U.S.C. 80a–24(b)). øCommunications con- had been reported from the Committee such covered investment fund; or cerning only covered investment funds that on Banking, Housing, and Urban Af- (B) prohibit the ability of a member to par- fall within the scope of such section shall not be required to be filed with FINRA.¿ fairs, with amendments, as follows: ticipate in a registered offering or other dis- tribution of securities of a covered invest- (3) COVERED INVESTMENT FUNDS COMMUNICA- (The parts of the bill intended to be ment fund solely because the member has TIONS.— stricken are shown in boldface brack- published or distributed a covered invest- (A) IN GENERAL.—Except as provided in sub- ets and the parts of the bill intended to ment fund research report about such cov- paragraph (B), communications that concern be inserted are shown in italics.) ered investment fund or its securities; and only covered investment funds that fall within

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 6333 E:\CR\FM\G11SE6.024 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5167 the scope of section 24(b) of the Investment Com- viser to the fund or an affiliated person of of the covered investment fund’s securities; pany Act of 1940 (15 U.S.C. 80a–24(b)) shall not the investment adviser to the fund’’ before and be required to be filed with FINRA. the dash. (2) shall be deemed to satisfy the condi- (B) EXCEPTION.—FINRA may require the fil- On page 8, strike line 6 and insert the fol- tions of paragraph (1) or (2) of section ing of communications with the public if the lowing: 230.139(a) of title 17, Code of Federal Regula- purpose of those communications is not to pro- (e) EXCEPTION.—The safe harbor under sub- tions, or any successor provisions, for pur- vide research and analysis of covered invest- section (a) shall not apply to the publication poses of the Commission’s rules and regula- ment funds. or distribution by a broker or a dealer of a tions under the Federal securities laws and (e) DEFINITIONS.—For purposes of this Act: covered investment fund research report, the the rules of any self-regulatory organization. ø(1) The term ‘‘covered investment fund re- subject of which is a business development (b) IMPLEMENTATION OF SAFE HARBOR.—In search report’’ means a research report pub- company or a registered closed-end invest- implementing the safe harbor pursuant to lished or distributed by a broker or dealer ment company, during the time period de- subsection (a), the Commission shall— about a covered investment fund or any se- scribed in section 230.139(a)(1)(i)(A)(1) of title (1) not, in the case of a covered investment curities issued by the covered investment 17, Code of Federal Regulations, except fund with a class of securities in substan- fund, but does not include a research report where expressly permitted by the rules and tially continuous distribution, condition the to the extent that the research report is pub- regulations of the Securities and Exchange safe harbor on whether the broker’s or deal- lished or distributed by the covered invest- Commission under the Federal securities er’s publication or distribution of a covered ment fund or any affiliate of the covered in- laws. investment fund research report constitutes vestment fund.¿ (f) DEFINITIONS.—For purposes of this Act: such broker’s or dealer’s initiation or reiniti- (ø2¿1) The term ‘‘covered investment fund’’ (1) The term ‘‘affiliated person’’ has the ation of research coverage on such covered means— meaning given the term in section 2(a) of the investment fund or its securities; (A) an investment company registered Investment Company Act of 1940 (15 U.S.C. (2) not— under, or that has filed an election to be 80a–2(a)). (A) require the covered investment fund to treated as a business development company On page 8, line 15, strike ‘‘(1)’’ and insert have been registered as an investment com- under, the Investment Company Act of 1940 ‘‘(2)’’. pany under the Investment Company Act of (15 U.S.C. 80a–1 et seq.) and that has filed a On page 9, line 20, strike ‘‘(2)’’ and insert 1940 (15 U.S.C. 80a–1 et seq.) or subject to the registration statement under the Securities ‘‘(3)’’. reporting requirements of section 13 or 15(d) Act of 1933 (15 U.S.C. 77a et seq.) for the pub- On page 10, line 2, insert ‘‘, or any research of the Securities Exchange Act of 1934 (15 lic offering of a class of its securities, which report published or distributed by any U.S.C. 78m, 78o(d)) for any period exceeding registration statement has been declared ef- broker or dealer that is an investment ad- the period of time referenced under section fective by the Commission; and viser (or an affiliated person of an invest- 230.139(a)(1)(i)(A)(1) of title 17, Code of Fed- eral Regulations; or (B) a trust or other person— ment adviser) for the covered investment (B) impose a minimum float provision ex- (i) issuing securities in an offering reg- fund’’ before the period at the end. ceeding that referenced in section istered under the Securities Act of 1933 (15 On page 10, line 3, strike ‘‘(3)’’ and insert 230.139(a)(1)(i)(A)(1)(i) of title 17, Code of Fed- U.S.C. 77a et seq.) and which class of securi- ‘‘(4)’’. eral Regulations; ties is listed for trading on a national securi- On page 10, after line 4, add the following: (3) provide that a self-regulatory organiza- ties exchange; (5) The term ‘‘investment adviser’’ has the tion may not maintain or enforce any rule (ii) the assets of which consist primarily of meaning given the term in section 2(a) of the that would— commodities, currencies, or derivative in- Investment Company Act of 1940 (15 U.S.C. (A) prohibit the ability of a member to struments that reference commodities or 80a–2(a)). publish or distribute a covered investment currencies, or interests in the foregoing; and On page 10, line 5, strike ‘‘(4)’’ and insert fund research report solely because the mem- (iii) that provides in its registration state- ‘‘(6)’’. ber is also participating in a registered offer- ment under the Securities Act of 1933 (15 On page 10, line 10, strike ‘‘(5)’’ and insert ing or other distribution of any securities of U.S.C. 77a et seq.) that a class of its securities ‘‘(7)’’. such covered investment fund; or are purchased or redeemed, subject to condi- The committee-reported amend- (B) prohibit the ability of a member to par- tions or limitations, for a ratable share of its ments, as amended, were agreed to. ticipate in a registered offering or other dis- assets. The bill (S. 327), as amended, was or- tribution of securities of a covered invest- (2) The term ‘‘covered investment fund re- dered to be engrossed for a third read- ment fund solely because the member has search report’’ means a research report pub- ing, was read the third time, and published or distributed a covered invest- lished or distributed by a broker or dealer about passed, as follows: ment fund research report about such cov- a covered investment fund or any securities ered investment fund or its securities; and issued by the covered investment fund, but does S. 327 (4) provide that a covered investment fund not include a research report to the extent that Be it enacted by the Senate and House of Rep- research report shall not be subject to sec- the research report is published or distributed by resentatives of the United States of America in tion 24(b) of the Investment Company Act of the covered investment fund or any affiliate of Congress assembled, 1940 (15 U.S.C. 80a–24(b)) or the rules and reg- the covered investment fund. SECTION 1. SHORT TITLE. ulations thereunder, except that such report (3) The term ‘‘FINRA’’ means the Finan- This Act may be cited as the ‘‘Fair Access may still be subject to such section and the cial Industry Regulatory Authority. to Investment Research Act of 2017’’. rules and regulations thereunder to the ex- (4) The term ‘‘research report’’ has the SEC. 2. SAFE HARBOR FOR INVESTMENT FUND tent that it is otherwise not subject to the meaning given that term under section RESEARCH. content standards in the rules of any self- 2(a)(3) of the Securities Act of 1933 (15 U.S.C. (a) EXPANSION OF THE SAFE HARBOR.—Not regulatory organization related to research 77b(a)(3)), except that such term shall not in- later than the end of the 180-day period be- reports, including those contained in the clude an oral communication. ginning on the date of enactment of this Act, rules governing communications with the (5) The term ‘‘self-regulatory organiza- the Securities and Exchange Commission public regarding investment companies or tion’’ has the meaning given øto¿ that term shall propose, and not later than the end of substantially similar standards. under section 3(a)(26) of the Securities Ex- the 270-day period beginning on such date, (c) RULES OF CONSTRUCTION.—Nothing in change Act of 1934 (15 U.S.C. 78c(a)(26)). the Commission shall adopt, upon such this Act shall be construed as in any way Mr. MCCONNELL. Mr. President, I terms, conditions, or requirements as the limiting— ask unanimous consent that the com- Commission may determine necessary or ap- (1) the applicability of the antifraud or mittee-reported amendments be con- propriate in the public interest, for the pro- antimanipulation provisions of the Federal sidered; the Warren-Heller amendment tection of investors, and for the promotion of securities laws and rules adopted thereunder at the desk be considered and agreed capital formation, revisions to section 230.139 to a covered investment fund research re- to; the committee-reported amend- of title 17, Code of Federal Regulations, to port, including section 17 of the Securities provide that a covered investment fund re- Act of 1933 (15 U.S.C. 77q), section 34(b) of the ments, as amended, be agreed to; the search report that is published or distributed Investment Company Act of 1940 (15 U.S.C. bill, as amended, be considered read a by a broker or dealer, other than a broker or 80a–33(b)), and sections 9 and 10 of the Secu- third time and passed; and the motion dealer that is an investment adviser to the rities Exchange Act of 1934 (15 U.S.C. 78i, to reconsider be considered made and fund or an affiliated person of the invest- 78j); or laid upon the table. ment adviser to the fund— (2) the authority of any self-regulatory or- The PRESIDING OFFICER. Without (1) shall be deemed, for purposes of sections ganization to examine or supervise a mem- objection, it is so ordered. 2(a)(10) and 5(c) of the Securities Act of 1933 ber’s practices in connection with such mem- The amendment (No. 935) was agreed (15 U.S.C. 77b(a)(10), 77e(c)), not to constitute ber’s publication or distribution of a covered to, as follows: an offer for sale or an offer to sell a security investment fund research report for compli- that is the subject of an offering pursuant to ance with applicable provisions of the Fed- (Purpose: To improve the bill) a registration statement that is effective, eral securities laws or self-regulatory orga- On page 2, line 14, insert ‘‘, other than a even if the broker or dealer is participating nization rules related to research reports, in- broker or dealer that is an investment ad- or will participate in the registered offering cluding those contained in rules governing

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.079 S11SEPT1 S5168 CONGRESSIONAL RECORD — SENATE September 11, 2017 communications with the public, or to re- (B) a trust or other person— SEC. 2. INVESTOR LIMITATION FOR QUALIFYING quire the filing of communications with the (i) issuing securities in an offering reg- VENTURE CAPITAL FUNDS. public the purpose of which is not to provide istered under the Securities Act of 1933 (15 Section 3(c)(1) of the Investment Company research and analysis of covered investment U.S.C. 77a et seq.) and which class of securi- Act of 1940 (15 U.S.C. 80a–3(c)(1)) is amend- funds. ties is listed for trading on a national securi- ed— (d) INTERIM EFFECTIVENESS OF SAFE HAR- ties exchange; (1) in the matter preceding subparagraph BOR.— (ii) the assets of which consist primarily of (A), by inserting ‘‘(or, in the case of a quali- (1) IN GENERAL.—From and after the 270- commodities, currencies, or derivative in- fying venture capital fund, 250 persons)’’ day period beginning on the date of enact- struments that reference commodities or after ‘‘one hundred persons’’; and ment of this Act, if the Commission has not currencies, or interests in the foregoing; and (2) by adding at the end the following: adopted revisions to section 230.139 of title (iii) that provides in its registration state- ‘‘(C)(i) The term ‘qualifying venture cap- 17, Code of Federal Regulations, as required ment under the Securities Act of 1933 (15 ital fund’ means a venture capital fund that by subsection (a), and until such time as the U.S.C. 77a et seq.) that a class of its securi- has not more than $10,000,000 in aggregate Commission has done so, a broker or dealer ties are purchased or redeemed, subject to capital contributions and uncalled com- distributing or publishing a covered invest- conditions or limitations, for a ratable share mitted capital, with such dollar amount to ment fund research report after such date of its assets. be indexed for inflation once every 5 years by shall be able to rely on the provisions of sec- (3) The term ‘‘covered investment fund re- the Commission, beginning from a measure- tion 230.139 of title 17, Code of Federal Regu- search report’’ means a research report pub- ment made by the Commission on a date se- lations, and the broker or dealer’s publica- lished or distributed by a broker or dealer lected by the Commission, rounded to the tion of such report shall be deemed to satisfy about a covered investment fund or any se- nearest $1,000,000. the conditions of paragraph (1) or (2) of sec- curities issued by the covered investment ‘‘(ii) The term ‘venture capital fund’ has tion 230.139(a) of title 17, Code of Federal fund, but does not include a research report the meaning given the term in section Regulations, if the covered investment fund to the extent that the research report is pub- 275.203(l)–1 of title 17, Code of Federal Regu- that is the subject of such report satisfies lished or distributed by the covered invest- lations, or any successor regulation.’’. the reporting history requirements (without ment fund or any affiliate of the covered in- f regard to Form S–3 or Form F–3 eligibility) vestment fund, or any research report pub- and minimum float provisions of such sub- lished or distributed by any broker or dealer SECURITIES AND EXCHANGE COM- sections for purposes of the Commission’s that is an investment adviser (or an affili- MISSION OVERPAYMENT CREDIT rules and regulations under the Federal secu- ated person of an investment adviser) for the ACT rities laws and the rules of any self-regu- covered investment fund. Mr. MCCONNELL. Mr. President, I latory organization, as if revised and imple- (4) The term ‘‘FINRA’’ means the Finan- mented in accordance with subsections (a) cial Industry Regulatory Authority. ask unanimous consent that the Sen- and (b). (5) The term ‘‘investment adviser’’ has the ate proceed to the immediate consider- (2) STATUS OF COVERED INVESTMENT FUND.— meaning given the term in section 2(a) of the ation of Calendar No. 13, S. 462. After such period and until the Commission Investment Company Act of 1940 (15 U.S.C. The PRESIDING OFFICER. The has adopted revisions to section 230.139 of 80a–2(a)). clerk will report the bill by title. title 17, Code of Federal Regulations, and (6) The term ‘‘research report’’ has the The senior assistant legislative clerk FINRA has revised rule 2210, for purposes of meaning given that term under section read as follows: subsection (c)(7)(O) of such rule, a covered 2(a)(3) of the Securities Act of 1933 (15 U.S.C. investment fund shall be deemed to be a se- 77b(a)(3)), except that such term shall not in- A bill (S. 462) to require the Securities and curity that is listed on a national securities clude an oral communication. Exchange Commission to refund or credit exchange and that is not subject to section (7) The term ‘‘self-regulatory organiza- certain excess payments made to the Com- 24(b) of the Investment Company Act of 1940 tion’’ has the meaning given that term under mission. (15 U.S.C. 80a–24(b)). section 3(a)(26) of the Securities Exchange There being no objection, the Senate (3) COVERED INVESTMENT FUNDS COMMUNICA- Act of 1934 (15 U.S.C. 78c(a)(26)). proceeded to consider the bill. TIONS.— Mr. MCCONNELL. Mr. President, I (A) IN GENERAL.—Except as provided in subparagraph (B), communications that con- f ask unanimous consent that the bill be cern only covered investment funds that fall considered read a third time and passed within the scope of section 24(b) of the In- SUPPORTING AMERICA’S and the motion to reconsider be consid- vestment Company Act of 1940 (15 U.S.C. 80a– INNOVATORS ACT OF 2017 ered made and laid upon the table. 24(b)) shall not be required to be filed with The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I FINRA. objection, it is so ordered. ask unanimous consent that the Sen- (B) EXCEPTION.—FINRA may require the The bill (S. 462) was ordered to be en- filing of communications with the public if ate proceed to the immediate consider- grossed for a third reading, was read the purpose of those communications is not ation of Calendar No. 12, S. 444. the third time, and passed, as follows: to provide research and analysis of covered The PRESIDING OFFICER. The investment funds. clerk will report the bill by title. S. 462 (e) EXCEPTION.—The safe harbor under sub- Be it enacted by the Senate and House of Rep- section (a) shall not apply to the publication The senior assistant legislative clerk read as follows: resentatives of the United States of America in or distribution by a broker or a dealer of a Congress assembled, covered investment fund research report, the A bill (S. 444) to amend the Investment SECTION 1. SHORT TITLE. subject of which is a business development Company Act of 1940 to expand the investor This Act may be cited as the ‘‘Securities company or a registered closed-end invest- limitation for qualifying venture capital and Exchange Commission Overpayment ment company, during the time period de- funds under an exemption from the defini- Credit Act’’. scribed in section 230.139(a)(1)(i)(A)(1) of title tion of an investment company. 17, Code of Federal Regulations, except SEC. 2. REFUNDING OR CREDITING OVERPAY- where expressly permitted by the rules and There being no objection, the Senate MENT OF SECTION 31 FEES. regulations of the Securities and Exchange proceeded to consider the bill. (a) DEFINITIONS.—In this section— Commission under the Federal securities Mr. MCCONNELL. Mr. President, I (1) the term ‘‘Commission’’ means the Se- laws. ask unanimous consent that the bill be curities and Exchange Commission; (f) DEFINITIONS.—For purposes of this Act: considered read a third time and passed (2) the term ‘‘national securities associa- (1) The term ‘‘affiliated person’’ has the and the motion to reconsider be consid- tion’’ means an association that is registered meaning given the term in section 2(a) of the under section 15A of the Securities Exchange Investment Company Act of 1940 (15 U.S.C. ered made and laid upon the table. Act of 1934 (15 U.S.C. 78o–3); and 80a–2(a)). The PRESIDING OFFICER. Without (3) the term ‘‘national securities ex- (2) The term ‘‘covered investment fund’’ objection, it is so ordered. change’’ means an exchange that is reg- means— The bill (S. 444) was ordered to be en- istered as a national securities exchange (A) an investment company registered grossed for a third reading, was read under section 6 of the Securities Exchange under, or that has filed an election to be the third time, and passed, as follows: Act of 1934 (15 U.S.C. 78f). treated as a business development company (b) CREDIT FOR OVERPAYMENT OF FEES.— S. 444 under, the Investment Company Act of 1940 Notwithstanding section 31(j) of the Securi- (15 U.S.C. 80a–1 et seq.) and that has filed a Be it enacted by the Senate and House of Rep- ties Exchange Act of 1934 (15 U.S.C. 78ee(j)), registration statement under the Securities resentatives of the United States of America in and subject to subsection (c) of this section, Act of 1933 (15 U.S.C. 77a et seq.) for the pub- Congress assembled, if a national securities exchange or a na- lic offering of a class of its securities, which SECTION 1. SHORT TITLE. tional securities association has paid fees registration statement has been declared ef- This Act may be cited as the ‘‘Supporting and assessments to the Commission in an fective by the Commission; and America’s Innovators Act of 2017’’. amount that is more than the amount that

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.072 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5169 the exchange or association was required to year period, the Commission determines that considered read a third time and passed pay under section 31 of the Securities Ex- such a rule, regulation, motion, or order is and the motion to reconsider be consid- change Act of 1934 (15 U.S.C. 78ee) and, not necessary or appropriate in the public inter- ered made and laid upon the table. later than 10 years after the date of such est and for the protection of investors. The PRESIDING OFFICER. Without payment, the exchange or association in- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. forms the Commission about the payment of ask unanimous consent that the com- The bill (S. 488) was ordered to be en- such excess amount, the Commission shall mittee-reported amendments be con- grossed for a third reading, was read offset future fees and assessments due by sidered and agreed to, the bill, as that exchange or association in an amount the third time, and passed, as follows: amended, be considered read a third that is equal to the difference between the S. 488 amount that the exchange or association time and passed, and the motion to re- Be it enacted by the Senate and House of Rep- paid and the amount that the exchange or consider be considered made and laid resentatives of the United States of America in association was required to pay under such upon the table. Congress assembled, section 31. The PRESIDING OFFICER. Without (c) APPLICABILITY.—Subsection (b) shall objection, it is so ordered. SECTION 1. SHORT TITLE. apply only to fees and assessments that a na- This Act may be cited as the ‘‘Encouraging The committee-reported amendments Employee Ownership Act’’. tional securities exchange or a national se- were agreed to. curities association was required to pay to SEC. 2. INCREASED THRESHOLD FOR DISCLO- the Commission before the date of enact- The bill (S. 484), as amended, was or- SURES RELATING TO COMPEN- ment of this Act. dered to be engrossed for a third read- SATORY BENEFIT PLANS. ing, was read the third time, and Not later than 60 days after the date of the f passed, as follows: enactment of this Act, the Securities and U.S. TERRITORIES INVESTOR S. 484 Exchange Commission shall revise section PROTECTION ACT OF 2017 230.701(e) of title 17, Code of Federal Regula- Be it enacted by the Senate and House of Rep- tions, so as to increase from $5,000,000 to Mr. MCCONNELL. Mr. President, I resentatives of the United States of America in $10,000,000 the aggregate sales price or ask unanimous consent that the Sen- Congress assembled, amount of securities sold during any con- ate proceed to the immediate consider- SECTION 1. SHORT TITLE. secutive 12-month period in excess of which ation of Calendar No. 14, S. 484. This Act may be cited as the ‘‘U.S. Terri- the issuer is required under such section to tories Investor Protection Act of 2017’’. The PRESIDING OFFICER. The deliver an additional disclosure to investors. The Commission shall index for inflation clerk will report the bill by title. SEC. 2. TERMINATION OF EXEMPTION. (a) IN GENERAL.—Section 6(a) of the Invest- such aggregate sales price or amount every 5 The senior assistant legislative clerk ment Company Act of 1940 (15 U.S.C. 80a–6(a)) years to reflect the change in the Consumer read as follows: is amended— Price Index for All Urban Consumers pub- A bill (S. 484) to amend the Investment (1) by striking paragraph (1); and lished by the Bureau of Labor Statistics, Company Act of 1940 to terminate an exemp- (2) by redesignating paragraphs (2) through rounding to the nearest $1,000,000. tion for companies located in Puerto Rico, (5) as paragraphs (1) through (4), respec- f the Virgin Islands, and any other possession tively. of the United States. (b) EFFECTIVE DATE AND SAFE HARBOR.— SECURING ACCESS TO NETWORKS There being no objection, the Senate (1) EFFECTIVE DATE.—Except as provided in IN DISASTERS ACT OF 2017 paragraph (2), the amendment made by sub- proceeded to consider the bill, which Mr. MCCONNELL. Mr. President, I section (a) shall take effect on the date of had been reported from the Committee enactment of this Act. ask unanimous consent that the Sen- on Banking, Housing, and Urban af- (2) SAFE HARBOR.—With respect to a com- ate proceed to the immediate consider- fairs, with amendments, as follows: pany that is exempt under section 6(a)(1) of ation of Calendar No. 31, S. 102. (The parts of the bill intended to be the Investment Company Act of 1940 (15 The PRESIDING OFFICER. The stricken are shown in boldface brack- U.S.C. 80a–6(a)(1)) on the day before the date clerk will report the bill by title. ets and the part of the bill intended to of enactment of this Act, the amendment The senior assistant legislative clerk be inserted are shown in italics.) made by subsection (a) shall take effect on read as follows: the date that is 3 years after the date of en- S. 484 actment of this Act. A bill (S. 102) to direct the Federal Com- munications Commission to commence pro- Be it enacted by the Senate and House of Rep- (3) EXTENSION OF SAFE HARBOR.—The Secu- resentatives of the United States of America in rities and Exchange Commission, by rule or ceedings related to the resiliency of critical Congress assembled, regulation upon its own motion, or by order communications networks during times of emergency, and for other purposes. SECTION 1. SHORT TITLE. upon application, may conditionally or un- This Act may be cited as the ‘‘U.S. Terri- conditionally, under section 6(c) of the In- There being no objection, the Senate tories Investor Protection Act of 2017’’. vestment Company Act of 1940 (15 U.S.C. 80a– proceeded to consider the bill, which SEC. 2. TERMINATION OF EXEMPTION. 6(c)), further delay the effective date for a had been reported from the Committee (a) IN GENERAL.—Section 6(a) of the Invest- company described in paragraph (2) for a on Commerce, Science, and Transpor- ment Company Act of 1940 (15 U.S.C. 80a–6(a)) maximum of 3 years following the initial 3- tation with an amendment to strike all is amended ø by striking paragraph (1).—¿ year period if, before the end of the initial 3- year period, the Commission determines that after the enacting clause and insert in (1) by striking paragraph (1); and lieu thereof the following: (2) by redesignating paragraphs (2) through such a rule, regulation, motion, or order is (5) as paragraphs (1) through (4), respectively. necessary or appropriate in the public inter- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Securing Access (b) EFFECTIVE DATE AND SAFE HARBOR.— est and for the protection of investors. to Networks in Disasters Act of 2017’’. (1) EFFECTIVE DATE.—Except as provided in f SEC. 2. SENSE OF CONGRESS. paragraph (2), the amendment made by sub- ENCOURAGING EMPLOYEE section (a) shall take effect on the date of It is the sense of Congress that the voluntary øthe¿ enactment of this Act. OWNERSHIP ACT policies outlined in the Wireless Network Resil- (2) SAFE HARBOR.—With respect to a com- Mr. MCCONNELL. Mr. President, I iency Cooperative Framework should be adhered pany that is exempt under section 6(a)(1) of ask unanimous consent that the Sen- to by all parties to aid consumers, 9–1–1 profes- the Investment Company Act of 1940 (15 ate proceed to the immediate consider- sionals, first responders, and local governments, in accessing communication services during U.S.C. 80a–6(a)(1)) on the day before the date ation of Calendar No. 15, S. 488. of øthe¿ enactment of this Act, the amend- times of emergency. The PRESIDING OFFICER. The ment made by subsection (a) shall take ef- SEC. 3. SECURING ACCESS TO NETWORKS IN DIS- fect on the date that is 3 years after the date clerk will report the bill by title. ASTERS. of øthe¿ enactment of this Act. The senior assistant legislative clerk (a) DEFINITIONS.—In this section— (3) EXTENSION OF SAFE HARBOR.—The Secu- read as follows: (1) the term ‘‘Commission’’ means the Federal rities and Exchange Commission, by rule A bill (S. 488) to increase the threshold for Communications Commission; øand¿ or regulation upon its own motion, or disclosures required by the Securities and (2) the term ‘‘mobile service’’ means— by order upon application, may conditionally Exchange Commission relating to compen- (A) commercial mobile service (as defined in or unconditionally, under section 6(c) of the satory benefit plans, and for other purposes. section 332 of the Communications Act of 1934 Investment Company Act of 1940 (15 U.S.C. (47 U.S.C. 332)); or 80a–6(c)), further delay the effective date for There being no objection, the Senate (B) commercial mobile data service (as defined a company described in paragraph (2) for a proceeded to consider the bill. in section 6001 of the Middle Class Tax Relief maximum of 3 years following the initial 3- Mr. MCCONNELL. Mr. President, I and Job Creation Act of 2012 (47 U.S.C. 1401)); year period if, before the end of the initial 3- ask unanimous consent that the bill be (3) the term ‘‘times of emergency’’ means—

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(A) an emergency or major disaster, as those (d) EXPANDING LIST OF ESSENTIAL SERVICE Sec. 2. Preserving Domestic Trafficking Victims’ terms are defined in section 102 of the Robert T. PROVIDERS DURING FEDERALLY DECLARED Fund. Stafford Disaster Relief and Emergency Assist- EMERGENCIES TO INCLUDE ALL COMMUNICATIONS Sec. 3. Mandatory restitution for victims of ance Act (42 U.S.C. 5122); or PROVIDERS; PROVIDING ACCESS TO ESSENTIAL commercial sexual exploitation. (B) an emergency as declared by the Governor SERVICE PROVIDERS.—Section 427 of the Robert Sec. 4. Victim-witness assistance in sexual ex- of a State or territory of the United States; and T. Stafford Disaster Relief and Emergency As- ploitation cases. (4) the term ‘‘WiFi access points’’ means wire- sistance Act (42 U.S.C. 5189e) is amended— Sec. 5. Victim protection training for the De- less Internet access using the standard des- (1) in subsection (a)(1)(A), by striking ‘‘tele- partment of Homeland Security. ignated as 802.11 or any variant thereof. communications service’’ and inserting Sec. 6. Implementing a victim-centered ap- (b) FCC STUDY ON ALTERNATIVE ACCESS TO 9- ‘‘wireline or mobile telephone service, Internet proach to human trafficking. 1-1 SERVICES DURING TIMES OF EMERGENCY.— access service, radio or television broadcasting, Sec. 7. Direct services for child victims of (1) STUDY.—Not later than 36 months after the cable service, or direct broadcast satellite serv- human trafficking. date of enactment of this Act, the Commission ice’’; and Sec. 8. Holistic training for Federal law en- shall submit to Congress, and make publicly (2) by adding at the end the following: forcement officers and prosecu- available on the website of the Commission, a ‘‘(d) MUTUAL AID AGREEMENTS.—The Presi- tors. study on the public safety benefits and tech- dent, acting through the Administrator of the Sec. 9. Best practices in delivering justice for nical feasibility and cost of— Federal Emergency Management Agency, shall victims of trafficking. (A) making telecommunications service pro- encourage the adoption of mutual aid agree- Sec. 10. Improving the national strategy to com- vider-owned WiFi access points, and other tele- ments that recognize the credentials of essential bat human trafficking. communications service provider-owned commu- service providers issued by all parties to the mu- Sec. 11. Specialized human trafficking training nications technologies operating on unlicensed tual aid agreement.’’. and technical assistance for serv- spectrum, available to the general public for ac- (e) COMMUNICATIONS NETWORKS ARE DES- ice providers. cess to 9–1–1 services, without requiring any IGNATED ESSENTIAL ASSISTANCE DURING FEDER- Sec. 12. Enhanced penalties for human traf- login credentials, during times of emergency ALLY DECLARED EMERGENCIES.—Section ficking, child exploitation, and re- when mobile service is unavailable; 403(a)(3) of the Robert T. Stafford Disaster Re- peat offenders. (B) the provision by non-telecommunications lief and Emergency Assistance Act (42 U.S.C. Sec. 13. Targeting organized human trafficking service provider-owned WiFi access points of 5170b(a)(3)) is amended— perpetrators. public access to 9–1–1 services during times of (1) in subparagraph (I), by striking ‘‘and’’ at Sec. 14. Investigating complex human traf- emergency when mobile service is unavailable; the end; ficking networks. and (2) in subparagraph (J), by striking the period Sec. 15. Combating sex tourism. (C) other alternative means of providing the at the end and inserting ‘‘; and’’; and Sec. 16. Human Trafficking Justice Coordina- public with access to 9–1–1 services during times (3) by adding at the end the following: tors. of emergency when mobile service is unavail- ‘‘(K) allowing for access to essential service Sec. 17. Interagency Task Force to Monitor and able. providers necessary for establishing temporary Combat Human Trafficking. (2) CONSIDERATIONS.—In conducting the study or restoring wireline or mobile telephone service, Sec. 18. Additional reporting on crime. required under paragraph (1), the Commission Internet access service, radio or television Sec. 19. Making the Presidential Survivor shall consider issues related to making WiFi ac- broadcasting, cable service, or direct broadcast Council permanent. cess points available to the general public for satellite service.’’. Sec. 20. Strengthening the national human access to 9-1-1 services, including communica- Mr. MCCONNELL. Mr. President, I trafficking hotline. tions network provider liability, the operational ask unanimous consent that the com- Sec. 21. Ending Government partnerships with security of communications networks, and any the commercial sex industry. existing actions or authorities in and among the mittee-reported substitute amendment Sec. 22. Study of human trafficking victim States. be considered and agreed to, the bill, as privilege. (c) GAO STUDY AND REPORT.— amended, be considered read a third Sec. 23. Understanding the effects of severe (1) DEFINITIONS.—In this subsection— time and passed, and the motion to re- forms of trafficking in persons. (A) the term ‘‘essential communications serv- consider be considered made and laid Sec. 24. Combating trafficking in persons. ices’’ means wireline and mobile telephone serv- upon the table. Sec. 25. Grant accountability. ice, Internet access service, radio and television The PRESIDING OFFICER. Without Sec. 26. HERO Act improvements. broadcasting, cable service, and direct broadcast objection, it is so ordered. SEC. 2. PRESERVING DOMESTIC TRAFFICKING satellite service; and VICTIMS’ FUND. The committee-reported amendment (B) the term ‘‘Executive departments’’ has the (a) SENSE OF CONGRESS.—It is the sense of meaning given the term in section 101 of title 5, in the nature of a substitute was Congress that the Domestic Trafficking Victims’ United States Code. agreed to. Fund established under section 3014 of title 18, (2) STUDY.—The Comptroller General of the The bill (S. 102), as amended, was or- United States Code— United States shall conduct a study on— dered to be engrossed for a third read- (1) is intended to supplement, and not sup- (A) how Executive departments can better en- ing, was read the third time, and plant, any other funding for domestic traf- sure essential communications services remain passed. ficking victims; and operational during times of emergency; (2) has achieved the objective described in (B) any legislative matters, if appropriate, f paragraph (1) since the establishment of the Congress could consider to help promote the re- Fund. siliency of essential communications services; ABOLISH HUMAN TRAFFICKING ACT OF 2017 (b) ENSURING FULL FUNDING.—Section 3014 of and title 18, United States Code, is amended— (C) whether a nationwide directory of points Mr. MCCONNELL. Mr. President, I (1) in subsection (a), in the matter preceding of contact among providers of essential commu- ask unanimous consent that the Sen- paragraph (1), by striking ‘‘September 30, 2019’’ nications services is needed to facilitate the ate proceed to the immediate consider- and inserting ‘‘September 30, 2023’’; rapid restoration of such services damaged dur- ation of Calendar No. 188, S. 1311. (2) in subsection (f), by inserting ‘‘, including ing times of emergency. the mandatory imposition of civil remedies for (3) CONSIDERATIONS.—In making the deter- The PRESIDING OFFICER. The clerk will report the bill by title. satisfaction of an unpaid fine as authorized mination described in paragraph (2)(C), the under section 3613, where appropriate’’ after Comptroller General shall consider— The senior assistant legislative clerk ‘‘criminal cases’’; and (A) any similar directories that exist at the read as follows: (3) in subsection (h)(3), by inserting ‘‘and Federal, State, or local level, including the ef- A bill (S. 1311) to provide assistance in child victims of a severe form of trafficking (as fectiveness of such directories; abolishing human trafficking in the United defined in section 103 of the Victims of Traf- (B) how such a directory could be established States. ficking and Violence Protection Act of 2000 (22 and updated, including what types of informa- There being no objection, the Senate U.S.C. 7102))’’ after ‘‘child pornography vic- tion would be most useful; tims’’. (C) how access to such a directory could be proceeded to consider the bill, which managed to adequately ensure the confiden- had been reported from the Committee SEC. 3. MANDATORY RESTITUTION FOR VICTIMS OF COMMERCIAL SEXUAL EXPLOI- tiality of any sensitive information and oper- on the Judiciary, with an amendment TATION. ational security of essential communications to strike all after the enacting clause (a) AMENDMENT.—Chapter 117 of title 18, services; and and insert in lieu thereof the following: United States Code, is amended by adding at the (D) the resources necessary to establish and end the following: maintain such a directory. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) REPORT.—Not later than 18 months after (a) SHORT TITLE.—This Act may be cited as ‘‘§ 2429. Mandatory restitution the date of enactment of this Act, the Comp- the ‘‘Abolish Human Trafficking Act of 2017’’. ‘‘(a) Notwithstanding section 3663 or 3663A, troller General shall transmit a report to Con- (b) TABLE OF CONTENTS.—The table of con- and in addition to any other civil or criminal gress containing the findings and recommenda- tents for this Act is as follows: penalty authorized by law, the court shall order tions of the study required under paragraph (2). Sec. 1. Short title; table of contents. restitution for any offense under this chapter.

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‘‘(b)(1) The order of restitution under this sec- charging, or prosecuting such individuals for (1) in the heading by inserting ‘‘CHILD VIC- tion shall direct the defendant to pay the victim any offense that is the direct result of their vic- TIMS OF A SEVERE FORM OF TRAFFICKING IN (through the appropriate court mechanism) the timization. PERSONS AND’’ before ‘‘VICTIMS OF CHILD POR- full amount of the victim’s losses, as determined ‘‘(b) VICTIM SCREENING PROTOCOL.— NOGRAPHY’’; and by the court under paragraph (3), and shall ad- ‘‘(1) IN GENERAL.—Not later than 180 days (2) by inserting ‘‘victims of a severe form of ditionally require the defendant to pay the after the date of enactment of this section, the trafficking (as defined in section 103 of the Traf- greater of the gross income or value to the de- Secretary shall issue a screening protocol for use ficking Victims Protection Act of 2000 (22 U.S.C. fendant of the victim’s services, if the services during all anti-trafficking law enforcement op- 7102(9)(A))) who were under the age of 18 at the constitute commercial sex acts as defined under erations in which the Department is involved. time of the offense and’’ before ‘‘victims of child section 1591. ‘‘(2) REQUIREMENTS.—The protocol required to pornography’’. ‘‘(2) An order of restitution under this section be issued under paragraph (1) shall— ‘‘(A) require the individual screening of all SEC. 8. HOLISTIC TRAINING FOR FEDERAL LAW shall be issued and enforced in accordance with adults and children who are suspected of engag- ENFORCEMENT OFFICERS AND section 3664 in the same manner as an order PROSECUTORS. ing in commercial sex acts, child labor that is a under section 3663A. All training required under the Combat violation of law, or work in violation of labor ‘‘(3) As used in this subsection, the term ‘full Human Trafficking Act of 2015 (42 U.S.C. standards to determine whether each individual amount of the victim’s losses’ has the same 14044g) and section 105(c)(4) of the Trafficking screened is a victim of human trafficking; meaning as provided in section 2259(b)(3). ‘‘(B) require affirmative measures to avoid ar- Victims Protection Act of 2000 (22 U.S.C. ‘‘(c) The forfeiture of property under this sec- resting, charging, or prosecuting human traf- 7105(c)(4)) shall— tion shall be governed by the provisions of sec- ficking victims for any offense that is the direct (1) emphasize that an individual who know- tion 413 (other than subsection (d) of such sec- result of their victimization; ingly solicits or patronizes a commercial sex act tion) of the Controlled Substances Act (21 U.S.C. ‘‘(C) be developed in consultation with rel- from a person who was a minor (consistent with 853). evant interagency partners and nongovern- section 1591(c) of title 18, United States Code) or ‘‘(d) As used in this section, the term ‘victim’ mental organizations that specialize in the pre- was subject to force, fraud, or coercion is guilty means the individual harmed as a result of a vention of human trafficking or in the identi- of an offense under chapter 77 of title 18, United crime under this chapter, including, in the case fication and support of victims of human traf- States Code, and is a party to a human traf- of a victim who is under 18 years of age, incom- ficking and survivors of human trafficking; and ficking offense; petent, incapacitated, or deceased, the legal ‘‘(D) include— (2) develop specific curriculum for— guardian of the victim or a representative of the ‘‘(i) procedures and practices to ensure that (A) under appropriate circumstances, arrest- victim’s estate, or another family member, or the screening process minimizes trauma or re- ing and prosecuting buyers of commercial sex, any other person appointed as suitable by the victimization of the person being screened; and child labor that is a violation of law, or forced court, but in no event shall the defendant be ‘‘(ii) guidelines on assisting victims of human labor as a form of primary prevention; and named such representative or guardian.’’. trafficking in identifying and receiving restora- (B) investigating and prosecuting individuals (b) TABLE OF SECTIONS.—The table of sections tive services. who knowingly benefit financially from partici- for chapter 117 of title 18, United States Code, is ‘‘(c) MANDATORY TRAINING.—The training de- pation in a venture that has engaged in any act amended by inserting after the item relating to scribed in sections 902 and 904 shall include of human trafficking; and section 2428 the following: training necessary to implement— (3) specify that any comprehensive approach ‘‘(1) the directive required under subsection to eliminating human trafficking shall include a ‘‘2429. Mandatory restitution.’’. (a); and demand reduction component. SEC. 4. VICTIM-WITNESS ASSISTANCE IN SEXUAL ‘‘(2) the protocol required under subsection EXPLOITATION CASES. (b).’’. SEC. 9. BEST PRACTICES IN DELIVERING JUSTICE (a) AVAILABILITY OF DOJ APPROPRIATIONS.— (b) TABLE OF CONTENTS AMENDMENT.—The FOR VICTIMS OF TRAFFICKING. Section 524(c)(1)(B) of title 28, United States table of contents in section 1(b) of the Justice for Not later than 180 days after the date of en- Code, is amended by inserting ‘‘, chapter 110 of Victims of Trafficking Act of 2015 (Public Law actment of this Act, the Attorney General shall title 18’’ after ‘‘chapter 77 of title 18’’. 114–22; 129 Stat. 227) is amended by inserting issue guidance to all offices and components of (b) AMENDMENT TO TITLE 31.—Section after the item relating to section 905 the fol- the Department of Justice— 9705(a)(2)(B)(v) of title 31, United States Code, lowing: (1) emphasizing that an individual who know- is amended by inserting ‘‘, chapter 109A of title ‘‘Sec. 906. Victim protection training for the De- ingly solicits or patronizes a commercial sex act 18 (relating to sexual abuse), chapter 110 of title partment of Homeland Security.’’. from a person who was a minor (consistent with 18 (relating to child sexual exploitation), or SEC. 6. IMPLEMENTING A VICTIM-CENTERED AP- section 1591(c) of title 18, United States Code) or chapter 117 of title 18 (relating to transportation PROACH TO HUMAN TRAFFICKING. was subject to force, fraud, or coercion is guilty for illegal sexual activity and related crimes)’’ Section 107(b)(2) of the Trafficking Victims of an offense under chapter 77 of title 18, United after ‘‘(relating to human trafficking)’’. Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is States Code, and is a party to a severe form of SEC. 5. VICTIM PROTECTION TRAINING FOR THE amended— trafficking in persons, as that term is defined in DEPARTMENT OF HOMELAND SECU- (1) in subparagraph (B)(ii); by striking the pe- section 103(9) of the Trafficking Victims Protec- RITY. riod at the end and inserting ‘‘; and’’; and tion Act of 2000 (22 U.S.C. 7102(9)); (a) IN GENERAL.—Title IX of the Justice for (2) by adding at the end the following: (2) recommending and implementing best prac- Victims of Trafficking Act of 2015 (6 U.S.C. 641 ‘‘(D) PRIORITY.—In selecting recipients of tices for the collection of special assessments et seq.) is amended by adding at the end the fol- grants under this paragraph that are only under section 3014 of title 18, United States lowing: available for law enforcement operations or task Code, as added by section 101 of the Justice for forces, the Attorney General may give priority to ‘‘SEC. 906. VICTIM PROTECTION TRAINING FOR Victims of Trafficking Act of 2015 (Public Law THE DEPARTMENT OF HOMELAND any applicant that files an attestation with the 114–22; 129 Stat. 228), including a directive that SECURITY. Attorney General stating that— civil liens are an authorized collection method ‘‘(i) the grant funds— ‘‘(a) DIRECTIVE TO DHS LAW ENFORCEMENT and remedy under section 3613 of title 18, United ‘‘(I) will be used to assist in the prevention of OFFICIALS AND TASK FORCES.— States Code; and severe forms of trafficking in persons in accord- ‘‘(1) IN GENERAL.—Not later than 180 days (3) clarifying that commercial sexual exploi- ance with Federal law; tation is a form of gender-based violence. after the date of enactment of this section, the ‘‘(II) will be used to strengthen efforts to in- Secretary shall issue a directive to— vestigate and prosecute those who knowingly SEC. 10. IMPROVING THE NATIONAL STRATEGY ‘‘(A) all Federal law enforcement officers and benefit financially from participation in a ven- TO COMBAT HUMAN TRAFFICKING. relevant personnel employed by the Department ture that has engaged in any act of human traf- Section 606(b) of the Justice for Victims of who may be involved in the investigation of ficking; Trafficking Act of 2015 (42 U.S.C. 14044h(b)) is human trafficking offenses; and ‘‘(III) will be used to take affirmative meas- amended by adding at the end the following: ‘‘(B) members of all task forces led by the De- ures to avoid arresting, charging, or prosecuting ‘‘(6) A national strategy to prevent human partment that participate in the investigation of victims of human trafficking for any offense trafficking and reduce demand for human traf- human trafficking offenses. that is the direct result of their victimization; ficking victims.’’. ‘‘(2) REQUIRED INSTRUCTIONS.—The directive and SEC. 11. SPECIALIZED HUMAN TRAFFICKING required to be issued under paragraph (1) shall ‘‘(IV) will not be used to require a victim of TRAINING AND TECHNICAL ASSIST- include instructions on— human trafficking to collaborate with law en- ANCE FOR SERVICE PROVIDERS. ‘‘(A) the investigation of individuals who pa- forcement officers as a condition of access to (a) IN GENERAL.—Section 111 of the Violence tronize or solicit human trafficking victims as any shelter or restorative services; and Against Women and Department of Justice Re- being engaged in severe trafficking in persons ‘‘(ii) the applicant will provide dedicated re- authorization Act of 2005 (42 U.S.C. 14044f) is and how such individuals should be inves- sources for anti-human trafficking law enforce- amended— tigated for their roles in severe trafficking in ment for a period that is longer than the dura- (1) in the heading, by striking ‘‘LAW ENFORCE- persons; and tion of the grant received under this para- MENT TRAINING PROGRAMS’’ and inserting ‘‘SPE- ‘‘(B) how victims of sex or labor trafficking graph.’’. CIALIZED HUMAN TRAFFICKING TRAINING AND often engage in criminal acts as a direct result SEC. 7. DIRECT SERVICES FOR CHILD VICTIMS OF TECHNICAL ASSISTANCE FOR SERVICE PROVIDERS’’; of severe trafficking in persons and such indi- HUMAN TRAFFICKING. (2) in subsection (a)(2), by striking ‘‘means a viduals are victims of a crime and affirmative Section 214(b) of the Victims of Child Abuse State or a local government.’’ and inserting the measures should be taken to avoid arresting, Act of 1990 (42 U.S.C. 13002(b)) is amended— following: ‘‘means—

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.086 S11SEPT1 S5172 CONGRESSIONAL RECORD — SENATE September 11, 2017 ‘‘(A) a State or unit of local government; (2) by redesignating paragraph (3) as para- official who shall coordinate human trafficking ‘‘(B) a federally recognized Indian tribal gov- graph (4); efforts within the Department of Justice who, in ernment, as determined by the Secretary of the (3) by inserting after paragraph (2) the fol- addition to any other responsibilities, shall be Interior; lowing: responsible for— ‘‘(C) a victim service provider; ‘‘(3) a Federal offense involving human traf- ‘‘(1) coordinating, promoting, and supporting ‘‘(D) a nonprofit or for-profit organization ficking, sexual abuse, sexual exploitation, or the work of the Department of Justice relating (including a tribal nonprofit or for-profit orga- transportation for prostitution or any illegal to human trafficking, including investigation, nization); sexual activity; and’’; and prosecution, training, outreach, victim support, ‘‘(E) a national organization; or (4) in paragraph (4), as so redesignated, by grant-making, and policy activities; ‘‘(F) an institution of higher education (in- striking ‘‘(1) or (2)’’ and inserting ‘‘(1), (2), or ‘‘(2) in consultation with survivors of human cluding tribal institutions of higher edu- (3)’’. trafficking, or anti-human trafficking organiza- cation).’’; SEC. 14. INVESTIGATING COMPLEX HUMAN TRAF- tions, producing and disseminating, including (3) by striking subsection (b) and inserting the FICKING NETWORKS. making publicly available when appropriate, following: Section 2516 of title 18, United States Code, is replication guides and training materials for ‘‘(b) GRANTS AUTHORIZED.—The Attorney amended— law enforcement officers, prosecutors, judges, General may award grants to eligible entities (1) in subsection (1)(c)— emergency responders, individuals working in to— (A) by inserting ‘‘section 1582 (vessels for slave victim services, adult and child protective serv- ‘‘(1) provide training to identify and protect trade), section 1583 (enticement into slavery),’’ ices, social services, and public safety, medical victims of trafficking; after ‘‘section 1581 (peonage),’’; and personnel, mental health personnel, financial ‘‘(2) improve the quality and quantity of serv- (B) by inserting ‘‘section 1585 (seizure, deten- services personnel, and any other individuals ices offered to trafficking survivors; and tion, transportation or sale of slaves), section whose work may bring them in contact with ‘‘(3) improve victim service providers’ partner- 1586 (service on vessels in slave trade), section human trafficking regarding how to— ships with Federal, State, tribal, and local law 1587 (possession of slaves aboard vessel), section ‘‘(A) identify signs of human trafficking; enforcement agencies and other relevant enti- 1588 (transportation of slaves from United ‘‘(B) conduct investigations in human traf- ties.’’; and States),’’ after ‘‘section 1584 (involuntary ser- ficking cases; (4) in subsection (c)— vitude),’’; and ‘‘(C) address evidentiary issues and other (A) in paragraph (2), by striking ‘‘or’’ at the (2) in subsection (2)— legal issues; and end; (A) by striking ‘‘kidnapping human’’ and in- ‘‘(D) appropriately assess, respond to, and (B) in paragraph (3), by striking the period at serting ‘‘kidnapping, human’’; and interact with victims and witnesses in human the end and inserting a semicolon; and (B) by striking ‘‘production, ,’’ and inserting trafficking cases, including in administrative, (C) by inserting after paragraph (3) the fol- ‘‘production, prostitution,’’. civil, and criminal judicial proceedings; and lowing: SEC. 15. COMBATING SEX TOURISM. ‘‘(3) carrying out such other duties as the At- ‘‘(4) provide technical assistance on the range Section 2423 of title 18, United States Code, is torney General determines necessary in connec- of services available to victim service providers amended— tion with enhancing the understanding, preven- who serve trafficking victims; (1) in subsection (b), by striking ‘‘for the pur- tion, and detection of, and response to, human ‘‘(5) develop and distribute materials, includ- pose’’ and inserting ‘‘with a motivating pur- trafficking.’’. ing materials identifying best practices in ac- pose’’; and SEC. 17. INTERAGENCY TASK FORCE TO MONITOR cordance with Federal law and policies, to sup- (2) in subsection (d), by striking ‘‘for the pur- AND COMBAT HUMAN TRAFFICKING. port victim service providers working with pose of engaging’’ and inserting ‘‘with a moti- Section 105(d)(7)(Q) of the Trafficking Victims human trafficking victims; vating purpose of engaging’’. Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) ‘‘(6) identify and disseminate other publicly SEC. 16. HUMAN TRAFFICKING JUSTICE COORDI- is amended— available materials in accordance with Federal NATORS. (1) in clause (vi), by striking ‘‘and’’ at the law to help build capacity of service providers; Section 606 of the Justice for Victims of Traf- end; and ‘‘(7) provide training at relevant conferences, ficking Act of 2015 (42 U.S.C. 14044h) is amend- (2) by adding at the end the following: through webinars, or through other mechanisms ed— ‘‘(viii) the number of convictions obtained in accordance with Federal law; or (1) in subsection (b)(1)— under chapter 77 of title 18, United States Code, ‘‘(8) assist service providers in developing ad- (A) by striking subparagraph (B); and aggregated separately by the form of offense ditional resources such as partnerships with (B) by redesignating subparagraphs (C) and committed with respect to the victim, including Federal, State, tribal, and local law enforcement (D) as subparagraphs (B) and (C), respectively; recruiting, enticing, harboring, transporting, agencies and other relevant entities in order to and providing, obtaining, advertising, maintaining, access a range of available services in accord- (2) by adding at the end the following: patronizing, or soliciting a human trafficking ance with Federal law.’’. ‘‘(c) HUMAN TRAFFICKING JUSTICE COORDINA- victim; and’’. ECHNICAL AND ONFORMING MEND (b) T C A - TORS.—The Attorney General shall designate in SEC. 18. ADDITIONAL REPORTING ON CRIME. MENT.—The table of contents in section 2 of the each Federal judicial district not less than 1 as- Section 237(b) of the William Wilberforce Traf- Violence Against Women and Department of sistant United States attorney to serve as the ficking Victims Protection Reauthorization Act Justice Reauthorization Act of 2005 (Public Law Human Trafficking Coordinator for the district of 2008 (28 U.S.C. 534 note) is amended— 109–162; 119 Stat. 2960) is amended by striking who, in addition to any other responsibilities, (1) in paragraph (2), by striking ‘‘and’’ at the the item relating to section 111 and inserting the works with a human trafficking victim-witness end; following: specialist and shall be responsible for— (2) in paragraph (3), by striking the period at ‘‘Sec. 111. Grants for specialized human traf- ‘‘(1) implementing the National Strategy with the end and inserting a semicolon; and ficking training and technical as- respect to all forms of human trafficking, in- (3) by adding at the end the following: sistance for service providers.’’. cluding labor trafficking and sex trafficking; ‘‘(4) incidents of assisting or promoting pros- SEC. 12. ENHANCED PENALTIES FOR HUMAN ‘‘(2) prosecuting, or assisting in the prosecu- titution, child labor that is a violation of law, or TRAFFICKING, CHILD EXPLOI- tion of, human trafficking cases; forced labor of an individual under the age of 18 TATION, AND REPEAT OFFENDERS. ‘‘(3) conducting public outreach and aware- as described in paragraph (1); and Part I of title 18, United States Code, is ness activities relating to human trafficking; ‘‘(5) incidents of purchasing or soliciting com- amended— ‘‘(4) ensuring the collection of data required mercial sex acts, child labor that is a violation (1) in chapter 77— to be collected under clause (viii) of section of law, or forced labor with an individual under (A) in section 1583(a), in the flush text fol- 105(d)(7)(Q) of the Trafficking Victims Protec- the age of 18 as described in paragraph (2).’’. lowing paragraph (3), by striking ‘‘not more tion Act of 2000 (22 U.S.C. 7103(d)(7)(Q)), as SEC. 19. MAKING THE PRESIDENTIAL SURVIVOR than 20 years’’ and inserting ‘‘not more than 30 added by section 17 of the Abolish Human Traf- COUNCIL PERMANENT. years’’; ficking Act of 2017, is sought; Section 115 of the Justice for Victims of Traf- (B) in section 1587, by striking ‘‘four years’’ ‘‘(5) coordinating with other Federal agencies, ficking Act of 2015 (Public Law 114–22; 129 Stat. and inserting ‘‘10 years’’; and State, tribal, and local law enforcement agen- 243) is amended by striking subsection (h). (C) in section 1591(d), by striking ‘‘20 years’’ cies, victim service providers, and other relevant SEC. 20. STRENGTHENING THE NATIONAL HUMAN and inserting ‘‘25 years’’; and non-governmental organizations to build part- TRAFFICKING HOTLINE. (2) in section 2426— nerships on activities relating to human traf- (a) REPORTING REQUIREMENT.—Section (A) in subsection (a), by striking ‘‘twice’’ and ficking; and 105(d)(3) of the Victims of Trafficking and Vio- inserting ‘‘3 times’’; and ‘‘(6) ensuring the collection of restitution for lence Protection Act of 2000 (22 U.S.C. (B) in subsection (b)(1)(B) by striking ‘‘para- victims is sought as required to be ordered under 7103(d)(3)) is amended— graph (1)’’ and inserting ‘‘subparagraph (A)’’. section 1593 of title 18, United States Code, and (1) by inserting ‘‘and providing an annual re- SEC. 13. TARGETING ORGANIZED HUMAN TRAF- section 2429 of such title, as added by section 3 port on the case referrals received from the na- FICKING PERPETRATORS. of the Abolish Human Trafficking Act of 2017. tional human trafficking hotline by Federal de- Section 521(c) of title 18, United States Code, ‘‘(d) DEPARTMENT OF JUSTICE COORDINATOR.— partments and agencies’’ after ‘‘international is amended— Not later than 60 days after the date of enact- trafficking’’; and (1) in paragraph (2), by striking ‘‘and’’ at the ment of the Abolish Human Trafficking Act of (2) by inserting ‘‘and reporting requirements’’ end; 2017, the Attorney General shall designate an after ‘‘Any data collection procedures’’.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.086 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5173

(b) HOTLINE INFORMATION.—Section (B) in paragraph (2), by striking ‘‘2014 (A) DEFINITION.—For purposes of this para- 107(b)(1)(B)(ii) of such Act (22 U.S.C. through 2017’’ and inserting ‘‘2018 through graph and each covered grant program, the term 7105(b)(1)(B)(ii)) is amended by adding at the 2022’’; and ‘‘nonprofit organization’’ means an organiza- end the following: ‘‘The number of the national (2) in subsection (i), by striking ‘‘2014 through tion that is described in section 501(c)(3) of the human trafficking hotline described in this 2017’’ and inserting ‘‘2018 through 2022’’. Internal Revenue Code of 1986 and is exempt clause shall be posted in a visible place in all (b) REINSTATEMENT AND REAUTHORIZATION OF from taxation under section 501(a) of such Code. Federal buildings.’’. GRANTS TO COMBAT CHILD SEX TRAFFICKING.— (B) PROHIBITION.—A covered grant may not SEC. 21. ENDING GOVERNMENT PARTNERSHIPS (1) REINSTATEMENT OF EXPIRED PROVISION.— be awarded to a nonprofit organization that WITH THE COMMERCIAL SEX INDUS- (A) IN GENERAL.—Section 202 of the Traf- holds money in offshore accounts for the pur- TRY. ficking Victims Protection Reauthorization Act pose of avoiding paying the tax described in sec- No Federal funds or resources may be used for of 2005 (42 U.S.C. 14044a) is amended to read as tion 511(a) of the Internal Revenue Code of 1986. the operation of, participation in, or partner- such section read on March 6, 2017. (C) DISCLOSURE.—Each nonprofit organiza- ship with any program that involves the provi- (B) CONFORMING AMENDMENT.—Section tion that is awarded a covered grant and uses sion of funding or resources to an organization 1241(b) of the Violence Against Women Reau- the procedures prescribed in regulations to cre- that— thorization Act of 2013 (42 U.S.C. 14044a note) is ate a rebuttable presumption of reasonableness (1) has the primary purpose of providing adult repealed. for the compensation of its officers, directors, entertainment; and (2) EFFECTIVE DATE.—The amendments made trustees, and key employees, shall disclose to the (2) derives profits from the commercial sex applicable covered official, in the application trade. by paragraph (1) shall take effect as though en- acted on March 6, 2017. for the covered grant, the process for deter- SEC. 22. STUDY OF HUMAN TRAFFICKING VICTIM mining such compensation, including the inde- PRIVILEGE. (3) REAUTHORIZATION.—Section 202(i) of the pendent persons involved in reviewing and ap- Not later than 1 year after the date of enact- Trafficking Victims Protection Reauthorization ment of this Act, the Judicial Conference of the Act of 2005, as amended by paragraph (1), is proving such compensation, the comparability United States shall— amended to read as follows: data used, and contemporaneous substantiation (1) conduct a study on the necessity and de- ‘‘(i) FUNDING.—For each of the fiscal years of the deliberation and decision. Upon request, sirability of amending the Federal Rules of Evi- 2018 through 2022, the Attorney General is au- a covered official shall make the information dence to establish a Federal evidentiary privi- thorized to allocate up to $8,000,000 of the disclosed under this subparagraph available for lege for confidential communications between a amounts appropriated pursuant to section public inspection. victim of human trafficking, regardless of 113(d)(1) of the Trafficking Victims Prevention (3) CONFERENCE EXPENDITURES.— whether the victim of human trafficking is a Act of 2000 (22 U.S.C. 7110(d)(1)) to carry out (A) LIMITATION.—No amounts made available party to a legal action, and a caseworker assist- this section.’’. to a covered agency to carry out a covered grant ing the victim of human trafficking; and SEC. 25. GRANT ACCOUNTABILITY. program may be used by a covered official, or by any individual or entity awarded discretionary (2) submit to Congress a report on the study (a) DEFINITIONS.—In this section— funds through a cooperative agreement under a conducted under paragraph (1). (1) the term ‘‘covered agency’’ means an agen- covered grant program, to host or support any SEC. 23. UNDERSTANDING THE EFFECTS OF SE- cy authorized to award grants under this Act; expenditure for conferences that uses more than VERE FORMS OF TRAFFICKING IN (2) the term ‘‘covered grant’’ means a grant PERSONS. $20,000 in funds made available by the covered authorized to be awarded under this Act; and (a) IN GENERAL.—Title VI of the Justice for agency, unless the covered official provides (3) the term ‘‘covered official’’ means the head Victims of Trafficking Act of 2015 (Public Law prior written authorization that the funds may of a covered agency. 114–22; 129 Stat. 258) is amended by adding at be expended to host the conference. (b) ACCOUNTABILITY.—All covered grants shall the end the following: (B) WRITTEN APPROVAL.—Written approval be subject to the following accountability provi- under subparagraph (A) shall include a written ‘‘SEC. 607. UNDERSTANDING THE PHYSICAL AND sions: PSYCHOLOGICAL EFFECTS OF SE- estimate of all costs associated with the con- (1) AUDIT REQUIREMENT.— VERE FORMS OF TRAFFICKING IN ference, including the cost of all food, bev- (A) DEFINITION.—In this paragraph, the term PERSONS. erages, audio-visual equipment, honoraria for ‘‘unresolved audit finding’’ means a finding in ‘‘(a) IN GENERAL.—The National Institute of speakers, and entertainment. the final audit report of the Inspector General Justice and the Centers for Disease Control and (C) REPORT.— of a covered agency that the audited grantee Prevention shall jointly conduct a study on the (i) DEPARTMENT OF JUSTICE.—The Deputy At- short-term and long-term physical and psycho- has utilized funds under a covered grant for an torney General shall submit an annual report to logical effects of serious harm (as that term is unauthorized expenditure or otherwise unallow- the appropriate committees of Congress on all defined in section 1589(c)(2) and section able cost that is not closed or resolved within 12 conference expenditures approved under this 1591(e)(4) of title 18, United States Code, as months from the date when the final audit re- paragraph. amended by the William Wilberforce Trafficking port is issued. (ii) DEPARTMENT OF HEALTH AND HUMAN SERV- UDITS Victims Protection Reauthorization Act of 2008 (B) A .—Beginning in the first fiscal year ICES.—The Deputy Secretary of Health and (Public Law 110–457; 122 Stat. 5044)) in order to beginning after the date of enactment of this Human Services shall submit to the appropriate determine the most effective types of services for Act, and in each fiscal year thereafter, the In- committees of Congress an annual report on all individuals who are identified as victims of spector General of a covered agency shall con- conference expenditures approved under this these crimes, including victims in cases that duct audits of recipients of covered grants to paragraph. were not investigated or prosecuted by any law prevent waste, fraud, and abuse of funds by (iii) DEPARTMENT OF HOMELAND SECURITY.— enforcement agency, and how new or current grantees. The Inspector General shall determine The Deputy Secretary of Homeland Security treatment and programming options should be the appropriate number of grantees to be au- shall submit to the appropriate committees of tailored to address the unique needs and bar- dited each year. Congress an annual report on all conference ex- riers associated with these victims. (C) MANDATORY EXCLUSION.—A recipient of penditures approved under this paragraph. ‘‘(b) REPORT.—Not later than 3 years after the funds under a covered grant that is found to (4) ANNUAL CERTIFICATION.—Beginning in the date of enactment of the Abolish Human Traf- have an unresolved audit finding shall not be first fiscal year beginning after the date of en- ficking Act of 2017, the National Institute of eligible to receive funds under a covered grant actment of this Act, each covered official shall Justice and the Centers for Disease Control and during the first 2 fiscal years beginning after submit to the appropriate committees of Con- Prevention shall make available to the public the end of the 12-month period described in sub- gress an annual certification— the results, including any associated rec- paragraph (A). (A) indicating whether— ommendations, of the study conducted under (D) PRIORITY.—In awarding covered grants, a (i) all audits issued by the Office of the In- subsection (a).’’. covered official shall give priority to eligible ap- spector General of the applicable covered agency (b) TABLE OF CONTENTS AMENDMENT.—The plicants that did not have an unresolved audit under paragraph (1) have been completed and table of contents in section 1(b) of the Justice for finding during the 3 fiscal years before submit- reviewed by the appropriate official; Victims of Trafficking Act of 2015 (Public Law ting an application for the covered grant. (ii) all mandatory exclusions required under 114–22; 129 Stat. 227) is amended by inserting (E) REIMBURSEMENT.—If an entity is awarded paragraph (1)(C) have been issued; and after the item relating to section 606 the fol- funds under a covered grant during the 2-fiscal- (iii) all reimbursements required under para- lowing: year period during which the entity is barred graph (1)(E) have been made; and ‘‘Sec. 607. Understanding the physical and psy- from receiving covered grants under subpara- (B) that includes a list of any recipients of a chological effects of severe forms graph (C), a covered official shall— covered grant excluded under paragraph (1) of trafficking in persons.’’. (i) deposit an amount equal to the amount of from the previous year. SEC. 24. COMBATING TRAFFICKING IN PERSONS. the grant funds that were improperly awarded (c) PREVENTING DUPLICATIVE GRANTS.— (a) TRAFFICKING VICTIMS PREVENTION ACT OF to the grantee into the General Fund of the (1) IN GENERAL.—Before a covered official 2000 PROGRAMS.—Section 113 of the Trafficking Treasury; and awards a covered grant, the covered official Victims Prevention Act of 2000 (22 U.S.C. 7110) (ii) seek to recoup the costs of the repayment shall compare potential awards under the cov- is amended— to the fund from the recipient of the covered ered grant program with other covered grants (1) in subsection (b)— grant that was erroneously awarded grant awarded to determine if duplicate grant awards (A) in paragraph (1), by striking ‘‘2014 funds. are awarded for the same purpose. through 2017’’ and inserting ‘‘2018 through (2) NONPROFIT ORGANIZATION REQUIRE- (2) REPORT.—If a covered official awards du- 2022.’’; and MENTS.— plicate covered grants to the same applicant for

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.086 S11SEPT1 S5174 CONGRESSIONAL RECORD — SENATE September 11, 2017 the same purpose the covered official shall sub- ‘‘(i) child exploitation; (1) by striking subsection (c); and mit to the appropriate committees of Congress a ‘‘(ii) child pornography; (2) by redesignating subsection (d) as sub- report that includes— ‘‘(iii) unidentified child victims; section (c). (A) a list of all duplicate covered grants ‘‘(iv) human trafficking; Mr. MCCONNELL. Mr. President, I awarded, including the total dollar amount of ‘‘(v) traveling child sex offenders; and ask unanimous consent that the com- any duplicate covered grants awarded; and ‘‘(vi) forced child labor, including the sexual mittee-reported amendment be consid- exploitation of minors. (B) the reason the covered official awarded ered, the Cornyn amendment at the the duplicate covered grants. ‘‘(4) PAID INTERNSHIP AND HIRING PROGRAM.— desk be considered and agreed to, the SEC. 26. HERO ACT IMPROVEMENTS. ‘‘(A) IN GENERAL.—Subject to the availability committee-reported amendment, as (a) IN GENERAL.—Section 890A of the Home- of appropriations for such purpose, the Sec- land Security Act of 2002 (6 U.S.C. 473) is retary may use funds available for operations amended, be agreed to, the bill, as amended— and support to establish a paid internship and amended, be considered read a third (1) in subsection (b)— hiring program for the purpose of placing par- time and passed, and the motion to re- (A) in paragraph (2)(C), by inserting after ticipants of the HERO Child-Rescue Corps Pro- consider be considered made and laid ‘‘personnel’’ the following: ‘‘, which shall in- gram into paid internship positions, with the in- upon the table. tent of subsequent appointment of the partici- clude participating in training for Homeland Se- The PRESIDING OFFICER. Without curity Investigations personnel conducted by pants to permanent positions, as described in subparagraph (C). objection, it is so ordered. Internet Crimes Against Children Task Forces’’; The amendment (No. 936) was agreed and ‘‘(B) INTERNSHIP POSITIONS.—Under the paid (B) in paragraph (3)— internship and hiring program required to be es- to, as follows: (i) in subparagraph (A), by inserting ‘‘in child tablished under subparagraph (A), the Secretary (Purpose: To improve the bill) exploitation investigations’’ after ‘‘Enforce- may appoint not more than 72 individuals to in- On page 41, in the matter preceding line 1, ment’’; ternship positions in the Center per year— strike the items relating to sections 22 (ii) in subparagraph (B)— ‘‘(i) which shall be in addition to any intern- through 26 and insert the following: ship or staffing positions within United States (I) in the matter preceding clause (i), by in- Sec. 22. Understanding the effects of severe Immigration and Customs Enforcement in exist- serting ‘‘in child exploitation investigations’’ forms of trafficking in persons. ence on the date enactment of this subsection; after ‘‘Enforcement’’; and Sec. 23. Combating trafficking in persons. and (II) in clause (i), by inserting ‘‘child’’ before Sec. 24. Grant accountability. ‘‘victims’’; ‘‘(ii) who shall be assigned or detailed by the Sec. 25. HERO Act improvements. (iii) in subparagraph (C), by inserting ‘‘child Center in accordance with subparagraph (C). On page 41, between lines 15 and 16, insert exploitation’’ after ‘‘number of’’; and ‘‘(C) PLACEMENT.— the following: (iv) in subparagraph (D), by inserting ‘‘child ‘‘(i) IN GENERAL.—An individual who is ap- (2) in subsection (e)(1), in the matter pre- exploitation’’ after ‘‘number of’’; and pointed to an internship position under this (2) in subsection (c)(2)— paragraph shall be assigned or detailed to a po- ceding subparagraph (A), by striking ‘‘2019’’ (A) in subparagraph (A), in the matter pre- sition in an agency that— and inserting ‘‘2023’’; ceding clause (i), by inserting ‘‘and administer ‘‘(I) has expressed the need to fill a vacancy; On page 41, line 16, strike ‘‘(2)’’ and insert the Digital Forensics and Document and Media ‘‘(II) anticipates making an appointment to a ‘‘(3)’’. On page 41, line 20, strike ‘‘(3) in’’ and in- Exploitation (DF/DOMEX) program’’ after full-time position upon completion of the intern- sert ‘‘(4) in’’. ‘‘forensics’’; ship; and On page 63, strike lines 1 through 16 and in- (B) in subparagraph (C), by inserting ‘‘and ‘‘(III) accepts the training parameters as de- sert the following: emerging technologies’’ after ‘‘forensics’’; and termined by the Center to be the standard of the (C) in subparagraph (D), by striking ‘‘and the Department for the HERO Child-Rescue Corps SEC. 22. UNDERSTANDING THE EFFECTS OF SE- National Association to Protect Children’’ and Program. VERE FORMS OF TRAFFICKING IN PERSONS. inserting ‘‘, the National Association to Protect ‘‘(ii) PREFERENCE.—The Secretary shall give a On page 65, strike line 1 and insert the fol- Children, and other governmental entities’’. preference to Homeland Security Investigations lowing: (b) HERO CHILD-RESCUE CORPS.—Section in assignments or details under clause (i). 890A of the Homeland Security Act of 2002 (6 ‘‘(D) TERM OF INTERNSHIP.—An appointment SEC. 23. COMBATING TRAFFICKING IN PERSONS. U.S.C. 473) is amended— to an internship position under this paragraph On page 66, strike line 13 and insert the fol- (1) by redesignating subsection (e) as sub- shall be for a period not to exceed 12 months. lowing: section (g); and ‘‘(E) RATE AND TERM OF PAY.—After comple- SEC. 24. GRANT ACCOUNTABILITY. (2) by inserting after subsection (d) the fol- tion of initial group training and upon begin- On page 72, strike lines 21 through 24 and lowing: ning work at an assigned office, an individual insert the following: ‘‘(e) HERO CHILD-RESCUE CORPS.— appointed to an internship position under this SEC. 25. HERO ACT IMPROVEMENTS. ‘‘(1) ESTABLISHMENT.— paragraph who is not receiving monthly basic (a) IN GENERAL.—Section 890A of the ‘‘(A) IN GENERAL.—There is established within pay as a member of the Armed Forces on active Homeland Security Act of 2002 (6 U.S.C. 473) the Center a Human Exploitation Rescue Oper- duty shall receive compensation at a rate that is amended— ation Child-Rescue Corps Program (referred to is— (1) in subsection (a)— in this subsection as the ‘HERO Child-Rescue ‘‘(i) not less than the minimum rate of basic (A) in paragraph (1), by inserting ‘‘Home- Corps Program’), which shall be a Department- pay payable for a position at level GS-5 of the land Security Investigations,’’ after ‘‘Cus- wide program, operated in partnership with the General Schedule; and toms Enforcement,’’; and Department of Defense and the National Asso- ‘‘(ii) not more than the maximum rate of basic (B) by striking paragraph (2) and inserting ciation to Protect Children. pay payable for a position at level GS-7 of the the following: ‘‘(B) TRAINING REQUIREMENT.—As part of the General Schedule. ‘‘(2) PURPOSE.—The Center shall provide in- HERO Child-Rescue Corps Program, the Na- ‘‘(F) ELIGIBILITY.—In establishing the paid vestigative assistance, training, and equip- tional Association to Protect Children shall pro- internship and hiring program required under ment to support domestic and international vide logistical support for program participants. subparagraph (A), the Secretary shall ensure investigations of cyber-related crimes by the ‘‘(2) PURPOSE.—The purpose of the HERO that the eligibility requirements for participa- Department.’’; Child-Rescue Corps Program shall be to recruit, tion in the internship program are the same as (2) in subsection (b)— train, equip, and employ wounded, ill, and in- the eligibility requirements for participation in On page 73, strike lines 7 through 10 and in- jured veterans and transitioning members of the the HERO Child-Rescue Corps Program. sert the following: military within the Department or other partici- ‘‘(f) HERO CORPS HIRING.—Subject to the (i) in subparagraph (B)— pating agencies, in employment positions to as- availability of appropriations for such purpose, On page 73, line 17, strike ‘‘(iii)’’ and insert sist in combating and preventing child exploi- there are authorized to be established within ‘‘(ii)’’. tation, including investigative, intelligence, an- Homeland Security Investigations the following On page 73, line 19, strike ‘‘(iv)’’ and insert alyst, inspection, and forensic positions or any number of positions, which shall be in addition ‘‘(iii)’’. other positions determined appropriate by the to any positions in existence on the date of en- On page 73, line 21, strike ‘‘(2) in’’ and in- employing agency. actment of this subsection, for the hiring and sert ‘‘(3) in’’. ‘‘(3) FUNCTIONS.—The HERO Child-Rescue permanent employment of graduates of the paid On page 74, line 1, strike ‘‘(DF/DOMEX)’’. Program shall— internship and hiring program required to be es- On page 74, line 13, strike ‘‘and’’. ‘‘(A) provide, recruit, train, and equip partici- tablished under subsection (e)(4): On page 74, strike line 16 and all that fol- pants of the Program in the areas of digital ‘‘(1) 36 positions in fiscal year 2017. lows through page 79, line 15, and insert the forensics, investigation, analysis, intelligence, ‘‘(2) 72 positions in fiscal year 2018. following: and victim identification, as determined by the ‘‘(3) 108 positions in fiscal year 2019. ‘‘(e) HERO CHILD-RESCUE CORPS.— Center and the needs of the Department; and ‘‘(4) 144 positions in fiscal year 2020. ‘‘(1) ESTABLISHMENT.— ‘‘(B) ensure that during the 1-year period be- ‘‘(5) 180 positions in fiscal year 2021.’’. ‘‘(A) IN GENERAL.—There is established ginning on the date of enactment of this sub- (c) TECHNICAL AND CONFORMING AMEND- within the Center a Human Exploitation section, participants of the Program are as- MENT.—Section 302 of the HERO Act of 2015 Rescue Operation Child-Rescue Corps Pro- signed to investigate and analyze— (Public Law 114–22; 129 Stat. 255) is amended— gram (referred to in this section as the

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.086 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5175 ‘HERO Child-Rescue Corps Program’), which ‘‘(B) not more than the maximum rate of Sec. 18. Additional reporting on crime. shall be a Department-wide program, in col- basic pay payable for a position at level GS– Sec. 19. Making the Presidential Survivor laboration with the Department of Defense 7 of the General Schedule. Council permanent. and the National Association to Protect ‘‘(6) ELIGIBILITY.—In establishing the paid Sec. 20. Strengthening the national human Children. internship and hiring program required trafficking hotline. ‘‘(B) PRIVATE SECTOR COLLABORATION.—As under paragraph (1), the Secretary shall en- Sec. 21. Ending Government partnerships part of the HERO Child-Rescue Corps Pro- sure that the eligibility requirements for with the commercial sex indus- gram, the National Association to Protect participation in the internship program are try. Children shall provide logistical support for the same as the eligibility requirements for Sec. 22. Understanding the effects of severe program participants. participation in the HERO Child-Rescue forms of trafficking in persons. ‘‘(2) PURPOSE.—The purpose of the HERO Corps Program. Sec. 23. Combating trafficking in persons. Child-Rescue Corps Program shall be to re- ‘‘(7) HERO CORPS HIRING.—The Secretary Sec. 24. Grant accountability. cruit, train, equip, and employ members of shall establish within Homeland Security In- Sec. 25. HERO Act improvements. the Armed Forces on active duty and wound- vestigations positions, which shall be in ad- SEC. 2. PRESERVING DOMESTIC TRAFFICKING ed, ill, and injured veterans to combat and dition to any positions in existence on the VICTIMS’ FUND. prevent child exploitation, including in in- date of enactment of this subsection, for the (a) SENSE OF CONGRESS.—It is the sense of vestigative, intelligence, analyst, inspection, hiring and permanent employment of grad- Congress that the Domestic Trafficking Vic- and forensic positions or any other positions uates of the paid internship program re- tims’ Fund established under section 3014 of determined appropriate by the employing quired to be established under paragraph title 18, United States Code— agency. (1).’’; and (1) is intended to supplement, and not sup- ‘‘(3) FUNCTIONS.—The HERO Child-Rescue (3) in subsection (g), as so redesignated— plant, any other funding for domestic traf- Program shall— (A) by striking ‘‘There are authorized’’ and ficking victims; and ‘‘(A) provide, recruit, train, and equip par- inserting the following: (2) has achieved the objective described in ticipants of the Program in the areas of dig- ‘‘(1) IN GENERAL.—There are authorized’’; paragraph (1) since the establishment of the ital forensics, investigation, analysis, intel- and Fund. ligence, and victim identification, as deter- (B) by adding at the end the following: (b) ENSURING FULL FUNDING.—Section 3014 mined by the Center and the needs of the De- ‘‘(2) ALLOCATION.—Of the amount made of title 18, United States Code, is amended— partment; and available pursuant to paragraph (1) in each (1) in subsection (a), in the matter pre- ‘‘(B) ensure that during the internship pe- of fiscal years 2018 through 2022, not more ceding paragraph (1), by striking ‘‘September riod, participants of the Program are as- than $10,000,000 shall be used to carry out 30, 2019’’ and inserting ‘‘September 30, 2023’’; signed to investigate and analyze— subsection (e) and not less than $2,000,000 (2) in subsection (e)(1), in the matter pre- ‘‘(i) child exploitation; shall be used to carry out subsection (f).’’. ceding subparagraph (A), by striking ‘‘2019’’ ‘‘(ii) child pornography; The committee-reported amendment and inserting ‘‘2023’’; ‘‘(iii) unidentified child victims; in the nature of a substitute, as amend- (3) in subsection (f), by inserting ‘‘, includ- ‘‘(iv) human trafficking; ed, was agreed to. ing the mandatory imposition of civil rem- ‘‘(v) traveling child sex offenders; and The bill (S. 1311), as amended, was or- edies for satisfaction of an unpaid fine as au- thorized under section 3613, where appro- ‘‘(vi) forced child labor, including the sex- dered to be engrossed for a third read- ual exploitation of minors. priate’’ after ‘‘criminal cases’’; and ing, was read the third time, and (4) in subsection (h)(3), by inserting ‘‘and ‘‘(f) PAID INTERNSHIP AND HIRING PRO- passed, as follows: child victims of a severe form of trafficking GRAM.— (as defined in section 103 of the Victims of ‘‘(1) IN GENERAL.—The Secretary shall es- S. 1311 tablish a paid internship and hiring program Be it enacted by the Senate and House of Rep- Trafficking and Violence Protection Act of for the purpose of placing participants of the resentatives of the United States of America in 2000 (22 U.S.C. 7102))’’ after ‘‘child pornog- HERO Child-Rescue Corps Program (in this Congress assembled, raphy victims’’. subsection referred to as ‘participants’) into SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 3. MANDATORY RESTITUTION FOR VICTIMS paid internship positions, for the subsequent (a) SHORT TITLE.—This Act may be cited as OF COMMERCIAL SEXUAL EXPLOI- TATION. appointment of the participants to perma- the ‘‘Abolish Human Trafficking Act of nent positions, as described in the guidelines 2017’’. (a) AMENDMENT.—Chapter 117 of title 18, promulgated under paragraph (3). (b) TABLE OF CONTENTS.—The table of con- United States Code, is amended by adding at the end the following: ‘‘(2) INTERNSHIP POSITIONS.—Under the paid tents for this Act is as follows: internship and hiring program required to be Sec. 1. Short title; table of contents. ‘‘§ 2429. Mandatory restitution established under paragraph (1), the Sec- Sec. 2. Preserving Domestic Trafficking Vic- ‘‘(a) Notwithstanding section 3663 or 3663A, retary shall assign or detail participants to tims’ Fund. and in addition to any other civil or criminal positions within United States Immigration Sec. 3. Mandatory restitution for victims of penalty authorized by law, the court shall and Customs Enforcement or any other Fed- commercial sexual exploi- order restitution for any offense under this eral agency in accordance with the guide- tation. chapter. lines promulgated under paragraph (3). Sec. 4. Victim-witness assistance in sexual ‘‘(b)(1) The order of restitution under this ‘‘(3) PLACEMENT.— exploitation cases. section shall direct the defendant to pay the ‘‘(A) IN GENERAL.—The Secretary shall pro- Sec. 5. Victim protection training for the victim (through the appropriate court mech- mulgate guidelines for assigning or detailing Department of Homeland Secu- anism) the full amount of the victim’s losses, participants to positions within United rity. as determined by the court under paragraph States Immigration and Customs Enforce- Sec. 6. Implementing a victim-centered ap- (3), and shall additionally require the defend- ment and other Federal agencies, which shall proach to human trafficking. ant to pay the greater of the gross income or include requirements for internship duties Sec. 7. Direct services for child victims of value to the defendant of the victim’s serv- and agreements regarding the subsequent ap- human trafficking. ices, if the services constitute commercial Sec. 8. Holistic training for Federal law en- pointment of the participants to permanent sex acts as defined under section 1591. forcement officers and prosecu- positions. ‘‘(2) An order of restitution under this sec- tors. ‘‘(B) PREFERENCE.—The Secretary shall tion shall be issued and enforced in accord- Sec. 9. Best practices in delivering justice give a preference to Homeland Security In- ance with section 3664 in the same manner as for victims of trafficking. vestigations in assignments or details under Sec. 10. Improving the national strategy to an order under section 3663A. the guidelines promulgated under subpara- combat human trafficking. ‘‘(3) As used in this subsection, the term graph (A). Sec. 11. Specialized human trafficking train- ‘full amount of the victim’s losses’ has the ‘‘(4) TERM OF INTERNSHIP.—An appointment ing and technical assistance for same meaning as provided in section to an internship position under this sub- service providers. 2259(b)(3). section shall be for a term not to exceed 12 Sec. 12. Enhanced penalties for human traf- ‘‘(c) The forfeiture of property under this months. ficking, child exploitation, and section shall be governed by the provisions ‘‘(5) RATE AND TERM OF PAY.—After comple- repeat offenders. of section 413 (other than subsection (d) of tion of initial group training and upon begin- Sec. 13. Targeting organized human traf- such section) of the Controlled Substances ning work at an assigned office, a partici- ficking perpetrators. Act (21 U.S.C. 853). pant appointed to an internship position Sec. 14. Investigating complex human traf- ‘‘(d) As used in this section, the term ‘vic- under this subsection who is not receiving ficking networks. tim’ means the individual harmed as a result monthly basic pay as a member of the Armed Sec. 15. Combating sex tourism. of a crime under this chapter, including, in Forces on active duty shall receive com- Sec. 16. Human Trafficking Justice Coordi- the case of a victim who is under 18 years of pensation at a rate that is— nators. age, incompetent, incapacitated, or de- ‘‘(A) not less than the minimum rate of Sec. 17. Interagency Task Force to Monitor ceased, the legal guardian of the victim or a basic pay payable for a position at level GS– and Combat Human Traf- representative of the victim’s estate, or an- 5 of the General Schedule; and ficking. other family member, or any other person

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.074 S11SEPT1 S5176 CONGRESSIONAL RECORD — SENATE September 11, 2017 appointed as suitable by the court, but in no prevention of human trafficking or in the ficking Victims Protection Act of 2000 (22 event shall the defendant be named such rep- identification and support of victims of U.S.C. 7105(c)(4)) shall— resentative or guardian.’’. human trafficking and survivors of human (1) emphasize that an individual who know- (b) TABLE OF SECTIONS.—The table of sec- trafficking; and ingly solicits or patronizes a commercial sex tions for chapter 117 of title 18, United ‘‘(D) include— act from a person who was a minor (con- States Code, is amended by inserting after ‘‘(i) procedures and practices to ensure sistent with section 1591(c) of title 18, United the item relating to section 2428 the fol- that the screening process minimizes trauma States Code) or was subject to force, fraud, lowing: or revictimization of the person being or coercion is guilty of an offense under ‘‘2429. Mandatory restitution.’’. screened; and chapter 77 of title 18, United States Code, and is a party to a human trafficking of- SEC. 4. VICTIM-WITNESS ASSISTANCE IN SEXUAL ‘‘(ii) guidelines on assisting victims of EXPLOITATION CASES. human trafficking in identifying and receiv- fense; (2) develop specific curriculum for— (a) AVAILABILITY OF DOJ APPROPRIA- ing restorative services. ANDATORY RAINING (A) under appropriate circumstances, ar- TIONS.—Section 524(c)(1)(B) of title 28, United ‘‘(c) M T .—The training resting and prosecuting buyers of commer- States Code, is amended by inserting ‘‘, described in sections 902 and 904 shall include cial sex, child labor that is a violation of chapter 110 of title 18’’ after ‘‘chapter 77 of training necessary to implement— law, or forced labor as a form of primary pre- title 18’’. ‘‘(1) the directive required under sub- vention; and (b) AMENDMENT TO TITLE 31.—Section section (a); and (B) investigating and prosecuting individ- 9705(a)(2)(B)(v) of title 31, United States ‘‘(2) the protocol required under subsection uals who knowingly benefit financially from Code, is amended by inserting ‘‘, chapter (b).’’. participation in a venture that has engaged 109A of title 18 (relating to sexual abuse), (b) TABLE OF CONTENTS AMENDMENT.—The in any act of human trafficking; and chapter 110 of title 18 (relating to child sex- table of contents in section 1(b) of the Jus- (3) specify that any comprehensive ap- ual exploitation), or chapter 117 of title 18 tice for Victims of Trafficking Act of 2015 proach to eliminating human trafficking (relating to transportation for illegal sexual (Public Law 114–22; 129 Stat. 227) is amended shall include a demand reduction compo- activity and related crimes)’’ after ‘‘(relat- by inserting after the item relating to sec- nent. ing to human trafficking)’’. tion 905 the following: SEC. 9. BEST PRACTICES IN DELIVERING JUS- SEC. 5. VICTIM PROTECTION TRAINING FOR THE ‘‘Sec. 906. Victim protection training for the Department of Homeland Secu- TICE FOR VICTIMS OF TRAFFICKING. DEPARTMENT OF HOMELAND SECU- Not later than 180 days after the date of RITY. rity.’’. enactment of this Act, the Attorney General (a) IN GENERAL.—Title IX of the Justice for SEC. 6. IMPLEMENTING A VICTIM-CENTERED AP- shall issue guidance to all offices and compo- PROACH TO HUMAN TRAFFICKING. Victims of Trafficking Act of 2015 (6 U.S.C. nents of the Department of Justice— 641 et seq.) is amended by adding at the end Section 107(b)(2) of the Trafficking Victims (1) emphasizing that an individual who the following: Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is knowingly solicits or patronizes a commer- ‘‘SEC. 906. VICTIM PROTECTION TRAINING FOR amended— cial sex act from a person who was a minor THE DEPARTMENT OF HOMELAND (1) in subparagraph (B)(ii); by striking the (consistent with section 1591(c) of title 18, SECURITY. period at the end and inserting ‘‘; and’’; and United States Code) or was subject to force, ‘‘(a) DIRECTIVE TO DHS LAW ENFORCEMENT (2) by adding at the end the following: fraud, or coercion is guilty of an offense OFFICIALS AND TASK FORCES.— ‘‘(D) PRIORITY.—In selecting recipients of under chapter 77 of title 18, United States ‘‘(1) IN GENERAL.—Not later than 180 days grants under this paragraph that are only Code, and is a party to a severe form of traf- after the date of enactment of this section, available for law enforcement operations or ficking in persons, as that term is defined in the Secretary shall issue a directive to— task forces, the Attorney General may give section 103(9) of the Trafficking Victims Pro- ‘‘(A) all Federal law enforcement officers priority to any applicant that files an attes- tection Act of 2000 (22 U.S.C. 7102(9)); and relevant personnel employed by the De- tation with the Attorney General stating (2) recommending and implementing best partment who may be involved in the inves- that— practices for the collection of special assess- tigation of human trafficking offenses; and ‘‘(i) the grant funds— ments under section 3014 of title 18, United ‘‘(B) members of all task forces led by the ‘‘(I) will be used to assist in the prevention States Code, as added by section 101 of the Department that participate in the inves- of severe forms of trafficking in persons in Justice for Victims of Trafficking Act of 2015 tigation of human trafficking offenses. accordance with Federal law; (Public Law 114–22; 129 Stat. 228), including a ‘‘(2) REQUIRED INSTRUCTIONS.—The direc- ‘‘(II) will be used to strengthen efforts to directive that civil liens are an authorized tive required to be issued under paragraph (1) investigate and prosecute those who know- collection method and remedy under section shall include instructions on— ingly benefit financially from participation 3613 of title 18, United States Code; and ‘‘(A) the investigation of individuals who in a venture that has engaged in any act of (3) clarifying that commercial sexual ex- patronize or solicit human trafficking vic- human trafficking; ploitation is a form of gender-based violence. tims as being engaged in severe trafficking ‘‘(III) will be used to take affirmative SEC. 10. IMPROVING THE NATIONAL STRATEGY in persons and how such individuals should measures to avoid arresting, charging, or TO COMBAT HUMAN TRAFFICKING. be investigated for their roles in severe traf- prosecuting victims of human trafficking for Section 606(b) of the Justice for Victims of ficking in persons; and any offense that is the direct result of their Trafficking Act of 2015 (42 U.S.C. 14044h(b)) is ‘‘(B) how victims of sex or labor trafficking victimization; and amended by adding at the end the following: often engage in criminal acts as a direct re- ‘‘(IV) will not be used to require a victim ‘‘(6) A national strategy to prevent human sult of severe trafficking in persons and such of human trafficking to collaborate with law trafficking and reduce demand for human individuals are victims of a crime and af- enforcement officers as a condition of access trafficking victims.’’. firmative measures should be taken to avoid to any shelter or restorative services; and SEC. 11. SPECIALIZED HUMAN TRAFFICKING arresting, charging, or prosecuting such indi- ‘‘(ii) the applicant will provide dedicated TRAINING AND TECHNICAL ASSIST- viduals for any offense that is the direct re- resources for anti-human trafficking law en- ANCE FOR SERVICE PROVIDERS. sult of their victimization. forcement for a period that is longer than (a) IN GENERAL.—Section 111 of the Vio- ‘‘(b) VICTIM SCREENING PROTOCOL.— the duration of the grant received under this lence Against Women and Department of ‘‘(1) IN GENERAL.—Not later than 180 days paragraph.’’. Justice Reauthorization Act of 2005 (42 after the date of enactment of this section, SEC. 7. DIRECT SERVICES FOR CHILD VICTIMS OF U.S.C. 14044f) is amended— the Secretary shall issue a screening pro- HUMAN TRAFFICKING. (1) in the heading, by striking ‘‘LAW EN- tocol for use during all anti-trafficking law Section 214(b) of the Victims of Child FORCEMENT TRAINING PROGRAMS’’ and insert- enforcement operations in which the Depart- Abuse Act of 1990 (42 U.S.C. 13002(b)) is ing ‘‘SPECIALIZED HUMAN TRAFFICKING TRAINING ment is involved. amended— AND TECHNICAL ASSISTANCE FOR SERVICE PRO- ‘‘(2) REQUIREMENTS.—The protocol required (1) in the heading by inserting ‘‘CHILD VIC- VIDERS’’; to be issued under paragraph (1) shall— TIMS OF A SEVERE FORM OF TRAFFICKING IN (2) in subsection (a)(2), by striking ‘‘means ‘‘(A) require the individual screening of all PERSONS AND’’ before ‘‘VICTIMS OF CHILD POR- a State or a local government.’’ and insert- adults and children who are suspected of en- NOGRAPHY’’; and ing the following: ‘‘means— gaging in commercial sex acts, child labor (2) by inserting ‘‘victims of a severe form ‘‘(A) a State or unit of local government; that is a violation of law, or work in viola- of trafficking (as defined in section 103 of the ‘‘(B) a federally recognized Indian tribal tion of labor standards to determine whether Trafficking Victims Protection Act of 2000 government, as determined by the Secretary each individual screened is a victim of (22 U.S.C. 7102(9)(A))) who were under the age of the Interior; human trafficking; of 18 at the time of the offense and’’ before ‘‘(C) a victim service provider; ‘‘(B) require affirmative measures to avoid ‘‘victims of child pornography’’. ‘‘(D) a nonprofit or for-profit organization arresting, charging, or prosecuting human SEC. 8. HOLISTIC TRAINING FOR FEDERAL LAW (including a tribal nonprofit or for-profit or- trafficking victims for any offense that is ENFORCEMENT OFFICERS AND ganization); the direct result of their victimization; PROSECUTORS. ‘‘(E) a national organization; or ‘‘(C) be developed in consultation with rel- All training required under the Combat ‘‘(F) an institution of higher education (in- evant interagency partners and nongovern- Human Trafficking Act of 2015 (42 U.S.C. cluding tribal institutions of higher edu- mental organizations that specialize in the 14044g) and section 105(c)(4) of the Traf- cation).’’;

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.077 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5177 (3) by striking subsection (b) and inserting (4) in paragraph (4), as so redesignated, by Department of Justice who, in addition to the following: striking ‘‘(1) or (2)’’ and inserting ‘‘(1), (2), or any other responsibilities, shall be respon- ‘‘(b) GRANTS AUTHORIZED.—The Attorney (3)’’. sible for— General may award grants to eligible enti- SEC. 14. INVESTIGATING COMPLEX HUMAN TRAF- ‘‘(1) coordinating, promoting, and sup- ties to— FICKING NETWORKS. porting the work of the Department of Jus- ‘‘(1) provide training to identify and pro- Section 2516 of title 18, United States Code, tice relating to human trafficking, including tect victims of trafficking; is amended— investigation, prosecution, training, out- ‘‘(2) improve the quality and quantity of (1) in subsection (1)(c)— reach, victim support, grant-making, and services offered to trafficking survivors; and (A) by inserting ‘‘section 1582 (vessels for policy activities; ‘‘(3) improve victim service providers’ part- slave trade), section 1583 (enticement into ‘‘(2) in consultation with survivors of nerships with Federal, State, tribal, and slavery),’’ after ‘‘section 1581 (peonage),’’; human trafficking, or anti-human traf- local law enforcement agencies and other and ficking organizations, producing and dis- relevant entities.’’; and (B) by inserting ‘‘section 1585 (seizure, de- seminating, including making publicly avail- (4) in subsection (c)— tention, transportation or sale of slaves), able when appropriate, replication guides (A) in paragraph (2), by striking ‘‘or’’ at section 1586 (service on vessels in slave and training materials for law enforcement the end; trade), section 1587 (possession of slaves officers, prosecutors, judges, emergency re- (B) in paragraph (3), by striking the period aboard vessel), section 1588 (transportation sponders, individuals working in victim serv- at the end and inserting a semicolon; and of slaves from United States),’’ after ‘‘sec- ices, adult and child protective services, so- (C) by inserting after paragraph (3) the fol- tion 1584 (involuntary servitude),’’; and cial services, and public safety, medical per- lowing: (2) in subsection (2)— sonnel, mental health personnel, financial ‘‘(4) provide technical assistance on the (A) by striking ‘‘kidnapping human’’ and services personnel, and any other individuals range of services available to victim service inserting ‘‘kidnapping, human’’; and whose work may bring them in contact with providers who serve trafficking victims; (B) by striking ‘‘production, ,’’ and insert- human trafficking regarding how to— ‘‘(5) develop and distribute materials, in- ing ‘‘production, prostitution,’’. ‘‘(A) identify signs of human trafficking; cluding materials identifying best practices SEC. 15. COMBATING SEX TOURISM. ‘‘(B) conduct investigations in human traf- in accordance with Federal law and policies, Section 2423 of title 18, United States Code, ficking cases; to support victim service providers working is amended— ‘‘(C) address evidentiary issues and other with human trafficking victims; (1) in subsection (b), by striking ‘‘for the legal issues; and ‘‘(6) identify and disseminate other pub- purpose’’ and inserting ‘‘with a motivating ‘‘(D) appropriately assess, respond to, and licly available materials in accordance with purpose’’; and interact with victims and witnesses in Federal law to help build capacity of service (2) in subsection (d), by striking ‘‘for the human trafficking cases, including in admin- providers; purpose of engaging’’ and inserting ‘‘with a istrative, civil, and criminal judicial pro- ‘‘(7) provide training at relevant con- motivating purpose of engaging’’. ceedings; and ferences, through webinars, or through other SEC. 16. HUMAN TRAFFICKING JUSTICE COORDI- ‘‘(3) carrying out such other duties as the mechanisms in accordance with Federal law; NATORS. Attorney General determines necessary in or Section 606 of the Justice for Victims of connection with enhancing the under- ‘‘(8) assist service providers in developing Trafficking Act of 2015 (42 U.S.C. 14044h) is standing, prevention, and detection of, and additional resources such as partnerships amended— response to, human trafficking.’’. with Federal, State, tribal, and local law en- (1) in subsection (b)(1)— SEC. 17. INTERAGENCY TASK FORCE TO MON- forcement agencies and other relevant enti- (A) by striking subparagraph (B); and ITOR AND COMBAT HUMAN TRAF- ties in order to access a range of available (B) by redesignating subparagraphs (C) and FICKING. services in accordance with Federal law.’’. (D) as subparagraphs (B) and (C), respec- Section 105(d)(7)(Q) of the Trafficking Vic- (b) TECHNICAL AND CONFORMING AMEND- tively; and tims Protection Act of 2000 (22 U.S.C. MENT.—The table of contents in section 2 of (2) by adding at the end the following: 7103(d)(7)(Q)) is amended— the Violence Against Women and Depart- ‘‘(c) HUMAN TRAFFICKING JUSTICE COORDI- (1) in clause (vi), by striking ‘‘and’’ at the ment of Justice Reauthorization Act of 2005 NATORS.—The Attorney General shall des- end; and (Public Law 109–162; 119 Stat. 2960) is amend- ignate in each Federal judicial district not (2) by adding at the end the following: ed by striking the item relating to section less than 1 assistant United States attorney ‘‘(viii) the number of convictions obtained 111 and inserting the following: to serve as the Human Trafficking Coordi- under chapter 77 of title 18, United States ‘‘Sec. 111. Grants for specialized human traf- nator for the district who, in addition to any Code, aggregated separately by the form of ficking training and technical other responsibilities, works with a human offense committed with respect to the vic- assistance for service pro- trafficking victim-witness specialist and tim, including recruiting, enticing, har- viders.’’. shall be responsible for— boring, transporting, providing, obtaining, advertising, maintaining, patronizing, or so- SEC. 12. ENHANCED PENALTIES FOR HUMAN ‘‘(1) implementing the National Strategy TRAFFICKING, CHILD EXPLOI- with respect to all forms of human traf- liciting a human trafficking victim; and’’. TATION, AND REPEAT OFFENDERS. ficking, including labor trafficking and sex SEC. 18. ADDITIONAL REPORTING ON CRIME. Part I of title 18, United States Code, is trafficking; Section 237(b) of the William Wilberforce amended— ‘‘(2) prosecuting, or assisting in the pros- Trafficking Victims Protection Reauthoriza- (1) in chapter 77— ecution of, human trafficking cases; tion Act of 2008 (28 U.S.C. 534 note) is amend- (A) in section 1583(a), in the flush text fol- ‘‘(3) conducting public outreach and aware- ed— lowing paragraph (3), by striking ‘‘not more ness activities relating to human traf- (1) in paragraph (2), by striking ‘‘and’’ at than 20 years’’ and inserting ‘‘not more than ficking; the end; 30 years’’; ‘‘(4) ensuring the collection of data re- (2) in paragraph (3), by striking the period (B) in section 1587, by striking ‘‘four quired to be collected under clause (viii) of at the end and inserting a semicolon; and years’’ and inserting ‘‘10 years’’; and section 105(d)(7)(Q) of the Trafficking Vic- (3) by adding at the end the following: (C) in section 1591(d), by striking ‘‘20 tims Protection Act of 2000 (22 U.S.C. ‘‘(4) incidents of assisting or promoting years’’ and inserting ‘‘25 years’’; and 7103(d)(7)(Q)), as added by section 17 of the prostitution, child labor that is a violation (2) in section 2426— Abolish Human Trafficking Act of 2017, is of law, or forced labor of an individual under (A) in subsection (a), by striking ‘‘twice’’ sought; the age of 18 as described in paragraph (1); and inserting ‘‘3 times’’; and ‘‘(5) coordinating with other Federal agen- and (B) in subsection (b)(1)(B) by striking cies, State, tribal, and local law enforcement ‘‘(5) incidents of purchasing or soliciting ‘‘paragraph (1)’’ and inserting ‘‘subparagraph agencies, victim service providers, and other commercial sex acts, child labor that is a (A)’’. relevant non-governmental organizations to violation of law, or forced labor with an indi- SEC. 13. TARGETING ORGANIZED HUMAN TRAF- build partnerships on activities relating to vidual under the age of 18 as described in FICKING PERPETRATORS. human trafficking; and paragraph (2).’’. Section 521(c) of title 18, United States ‘‘(6) ensuring the collection of restitution SEC. 19. MAKING THE PRESIDENTIAL SURVIVOR Code, is amended— for victims is sought as required to be or- COUNCIL PERMANENT. (1) in paragraph (2), by striking ‘‘and’’ at dered under section 1593 of title 18, United Section 115 of the Justice for Victims of the end; States Code, and section 2429 of such title, as Trafficking Act of 2015 (Public Law 114–22; (2) by redesignating paragraph (3) as para- added by section 3 of the Abolish Human 129 Stat. 243) is amended by striking sub- graph (4); Trafficking Act of 2017. section (h). (3) by inserting after paragraph (2) the fol- ‘‘(d) DEPARTMENT OF JUSTICE COORDI- SEC. 20. STRENGTHENING THE NATIONAL HUMAN lowing: NATOR.—Not later than 60 days after the date TRAFFICKING HOTLINE. ‘‘(3) a Federal offense involving human of enactment of the Abolish Human Traf- (a) REPORTING REQUIREMENT.—Section trafficking, sexual abuse, sexual exploi- ficking Act of 2017, the Attorney General 105(d)(3) of the Victims of Trafficking and tation, or transportation for prostitution or shall designate an official who shall coordi- Violence Protection Act of 2000 (22 U.S.C. any illegal sexual activity; and’’; and nate human trafficking efforts within the 7103(d)(3)) is amended—

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(1) by inserting ‘‘and providing an annual (2) in subsection (i), by striking ‘‘2014 (2) NONPROFIT ORGANIZATION REQUIRE- report on the case referrals received from the through 2017’’ and inserting ‘‘2018 through MENTS.— national human trafficking hotline by Fed- 2022’’. (A) DEFINITION.—For purposes of this para- eral departments and agencies’’ after ‘‘inter- (b) REINSTATEMENT AND REAUTHORIZATION graph and each covered grant program, the national trafficking’’; and OF GRANTS TO COMBAT CHILD SEX TRAF- term ‘‘nonprofit organization’’ means an or- (2) by inserting ‘‘and reporting require- FICKING.— ganization that is described in section ments’’ after ‘‘Any data collection proce- (1) REINSTATEMENT OF EXPIRED PROVISION.— 501(c)(3) of the Internal Revenue Code of 1986 dures’’. (A) IN GENERAL.—Section 202 of the Traf- and is exempt from taxation under section (b) HOTLINE INFORMATION.—Section ficking Victims Protection Reauthorization 501(a) of such Code. 107(b)(1)(B)(ii) of such Act (22 U.S.C. Act of 2005 (42 U.S.C. 14044a) is amended to (B) PROHIBITION.—A covered grant may not 7105(b)(1)(B)(ii)) is amended by adding at the read as such section read on March 6, 2017. be awarded to a nonprofit organization that end the following: ‘‘The number of the na- (B) CONFORMING AMENDMENT.—Section holds money in offshore accounts for the tional human trafficking hotline described 1241(b) of the Violence Against Women Reau- purpose of avoiding paying the tax described in this clause shall be posted in a visible thorization Act of 2013 (42 U.S.C. 14044a note) in section 511(a) of the Internal Revenue place in all Federal buildings.’’. is repealed. Code of 1986. SEC. 21. ENDING GOVERNMENT PARTNERSHIPS (2) EFFECTIVE DATE.—The amendments (C) DISCLOSURE.—Each nonprofit organiza- WITH THE COMMERCIAL SEX INDUS- made by paragraph (1) shall take effect as tion that is awarded a covered grant and uses TRY. though enacted on March 6, 2017. the procedures prescribed in regulations to No Federal funds or resources may be used (3) REAUTHORIZATION.—Section 202(i) of the create a rebuttable presumption of reason- for the operation of, participation in, or Trafficking Victims Protection Reauthoriza- ableness for the compensation of its officers, partnership with any program that involves tion Act of 2005, as amended by paragraph directors, trustees, and key employees, shall the provision of funding or resources to an (1), is amended to read as follows: disclose to the applicable covered official, in organization that— ‘‘(i) FUNDING.—For each of the fiscal years the application for the covered grant, the (1) has the primary purpose of providing 2018 through 2022, the Attorney General is process for determining such compensation, adult entertainment; and authorized to allocate up to $8,000,000 of the including the independent persons involved (2) derives profits from the commercial sex amounts appropriated pursuant to section in reviewing and approving such compensa- trade. 113(d)(1) of the Trafficking Victims Preven- tion, the comparability data used, and con- SEC. 22. UNDERSTANDING THE EFFECTS OF SE- tion Act of 2000 (22 U.S.C. 7110(d)(1)) to carry temporaneous substantiation of the delibera- VERE FORMS OF TRAFFICKING IN out this section.’’. tion and decision. Upon request, a covered PERSONS. SEC. 24. GRANT ACCOUNTABILITY. official shall make the information disclosed (a) IN GENERAL.—Title VI of the Justice for (a) DEFINITIONS.—In this section— under this subparagraph available for public Victims of Trafficking Act of 2015 (Public (1) the term ‘‘covered agency’’ means an inspection. Law 114–22; 129 Stat. 258) is amended by add- agency authorized to award grants under (3) CONFERENCE EXPENDITURES.— ing at the end the following: this Act; (A) LIMITATION.—No amounts made avail- ‘‘SEC. 607. UNDERSTANDING THE PHYSICAL AND (2) the term ‘‘covered grant’’ means a able to a covered agency to carry out a cov- PSYCHOLOGICAL EFFECTS OF SE- grant authorized to be awarded under this ered grant program may be used by a covered VERE FORMS OF TRAFFICKING IN Act; and official, or by any individual or entity PERSONS. (3) the term ‘‘covered official’’ means the awarded discretionary funds through a coop- ‘‘(a) IN GENERAL.—The National Institute head of a covered agency. erative agreement under a covered grant pro- of Justice and the Centers for Disease Con- (b) ACCOUNTABILITY.—All covered grants gram, to host or support any expenditure for trol and Prevention shall jointly conduct a shall be subject to the following account- conferences that uses more than $20,000 in study on the short-term and long-term phys- ability provisions: funds made available by the covered agency, ical and psychological effects of serious (1) AUDIT REQUIREMENT.— unless the covered official provides prior harm (as that term is defined in section (A) DEFINITION.—In this paragraph, the written authorization that the funds may be 1589(c)(2) and section 1591(e)(4) of title 18, term ‘‘unresolved audit finding’’ means a expended to host the conference. United States Code, as amended by the Wil- finding in the final audit report of the In- (B) WRITTEN APPROVAL.—Written approval liam Wilberforce Trafficking Victims Pro- spector General of a covered agency that the under subparagraph (A) shall include a writ- tection Reauthorization Act of 2008 (Public audited grantee has utilized funds under a ten estimate of all costs associated with the Law 110–457; 122 Stat. 5044)) in order to deter- covered grant for an unauthorized expendi- conference, including the cost of all food, mine the most effective types of services for ture or otherwise unallowable cost that is beverages, audio-visual equipment, hono- individuals who are identified as victims of not closed or resolved within 12 months from raria for speakers, and entertainment. these crimes, including victims in cases that the date when the final audit report is (C) REPORT.— were not investigated or prosecuted by any issued. (i) DEPARTMENT OF JUSTICE.—The Deputy law enforcement agency, and how new or (B) AUDITS.—Beginning in the first fiscal Attorney General shall submit an annual re- current treatment and programming options year beginning after the date of enactment port to the appropriate committees of Con- should be tailored to address the unique of this Act, and in each fiscal year there- gress on all conference expenditures ap- needs and barriers associated with these vic- after, the Inspector General of a covered proved under this paragraph. tims. agency shall conduct audits of recipients of (ii) DEPARTMENT OF HEALTH AND HUMAN ‘‘(b) REPORT.—Not later than 3 years after covered grants to prevent waste, fraud, and SERVICES.—The Deputy Secretary of Health the date of enactment of the Abolish Human abuse of funds by grantees. The Inspector and Human Services shall submit to the ap- Trafficking Act of 2017, the National Insti- General shall determine the appropriate propriate committees of Congress an annual tute of Justice and the Centers for Disease number of grantees to be audited each year. report on all conference expenditures ap- Control and Prevention shall make available (C) MANDATORY EXCLUSION.—A recipient of proved under this paragraph. to the public the results, including any asso- funds under a covered grant that is found to (iii) DEPARTMENT OF HOMELAND SECURITY.— ciated recommendations, of the study con- have an unresolved audit finding shall not be The Deputy Secretary of Homeland Security ducted under subsection (a).’’. eligible to receive funds under a covered shall submit to the appropriate committees (b) TABLE OF CONTENTS AMENDMENT.—The grant during the first 2 fiscal years begin- of Congress an annual report on all con- table of contents in section 1(b) of the Jus- ning after the end of the 12-month period de- ference expenditures approved under this tice for Victims of Trafficking Act of 2015 scribed in subparagraph (A). paragraph. (Public Law 114–22; 129 Stat. 227) is amended (D) PRIORITY.—In awarding covered grants, (4) ANNUAL CERTIFICATION.—Beginning in by inserting after the item relating to sec- a covered official shall give priority to eligi- the first fiscal year beginning after the date tion 606 the following: ble applicants that did not have an unre- of enactment of this Act, each covered offi- ‘‘Sec. 607. Understanding the physical and solved audit finding during the 3 fiscal years cial shall submit to the appropriate commit- psychological effects of severe before submitting an application for the cov- tees of Congress an annual certification— forms of trafficking in per- ered grant. (A) indicating whether— sons.’’. (E) REIMBURSEMENT.—If an entity is award- (i) all audits issued by the Office of the In- SEC. 23. COMBATING TRAFFICKING IN PERSONS. ed funds under a covered grant during the 2- spector General of the applicable covered (a) TRAFFICKING VICTIMS PREVENTION ACT fiscal-year period during which the entity is agency under paragraph (1) have been com- OF 2000 PROGRAMS.—Section 113 of the Traf- barred from receiving covered grants under pleted and reviewed by the appropriate offi- ficking Victims Prevention Act of 2000 (22 subparagraph (C), a covered official shall— cial; U.S.C. 7110) is amended— (i) deposit an amount equal to the amount (ii) all mandatory exclusions required (1) in subsection (b)— of the grant funds that were improperly under paragraph (1)(C) have been issued; and (A) in paragraph (1), by striking ‘‘2014 awarded to the grantee into the General (iii) all reimbursements required under through 2017’’ and inserting ‘‘2018 through Fund of the Treasury; and paragraph (1)(E) have been made; and 2022.’’; and (ii) seek to recoup the costs of the repay- (B) that includes a list of any recipients of (B) in paragraph (2), by striking ‘‘2014 ment to the fund from the recipient of the a covered grant excluded under paragraph (1) through 2017’’ and inserting ‘‘2018 through covered grant that was erroneously awarded from the previous year. 2022’’; and grant funds. (c) PREVENTING DUPLICATIVE GRANTS.—

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.077 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5179

(1) IN GENERAL.—Before a covered official ‘‘(2) PURPOSE.—The purpose of the HERO ‘‘(7) HERO CORPS HIRING.—The Secretary awards a covered grant, the covered official Child-Rescue Corps Program shall be to re- shall establish within Homeland Security In- shall compare potential awards under the cruit, train, equip, and employ members of vestigations positions, which shall be in ad- covered grant program with other covered the Armed Forces on active duty and wound- dition to any positions in existence on the grants awarded to determine if duplicate ed, ill, and injured veterans to combat and date of enactment of this subsection, for the grant awards are awarded for the same pur- prevent child exploitation, including in in- hiring and permanent employment of grad- pose. vestigative, intelligence, analyst, inspection, uates of the paid internship program re- (2) REPORT.—If a covered official awards and forensic positions or any other positions quired to be established under paragraph duplicate covered grants to the same appli- determined appropriate by the employing (1).’’; and cant for the same purpose the covered offi- agency. (3) in subsection (g), as so redesignated— cial shall submit to the appropriate commit- ‘‘(3) FUNCTIONS.—The HERO Child-Rescue (A) by striking ‘‘There are authorized’’ and tees of Congress a report that includes— Program shall— inserting the following: (A) a list of all duplicate covered grants ‘‘(A) provide, recruit, train, and equip par- ‘‘(1) IN GENERAL.—There are authorized’’; awarded, including the total dollar amount ticipants of the Program in the areas of dig- and of any duplicate covered grants awarded; and ital forensics, investigation, analysis, intel- (B) by adding at the end the following: (B) the reason the covered official awarded ligence, and victim identification, as deter- ‘‘(2) ALLOCATION.—Of the amount made the duplicate covered grants. mined by the Center and the needs of the De- available pursuant to paragraph (1) in each SEC. 25. HERO ACT IMPROVEMENTS. partment; and of fiscal years 2018 through 2022, not more ‘‘(B) ensure that during the internship pe- (a) IN GENERAL.—Section 890A of the than $10,000,000 shall be used to carry out riod, participants of the Program are as- Homeland Security Act of 2002 (6 U.S.C. 473) subsection (e) and not less than $2,000,000 signed to investigate and analyze— is amended— shall be used to carry out subsection (f).’’. ‘‘(i) child exploitation; (1) in subsection (a)— (c) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) child pornography; (A) in paragraph (1), by inserting ‘‘Home- MENT.—Section 302 of the HERO Act of 2015 ‘‘(iii) unidentified child victims; land Security Investigations,’’ after ‘‘Cus- (Public Law 114–22; 129 Stat. 255) is amend- ‘‘(iv) human trafficking; toms Enforcement,’’; and ed— ‘‘(v) traveling child sex offenders; and (1) by striking subsection (c); and (B) by striking paragraph (2) and inserting ‘‘(vi) forced child labor, including the sex- the following: (2) by redesignating subsection (d) as sub- ual exploitation of minors. section (c). ‘‘(2) PURPOSE.—The Center shall provide in- ‘‘(f) PAID INTERNSHIP AND HIRING PRO- vestigative assistance, training, and equip- GRAM.— f ment to support domestic and international ‘‘(1) IN GENERAL.—The Secretary shall es- investigations of cyber-related crimes by the TRAFFICKING VICTIMS tablish a paid internship and hiring program PROTECTION ACT OF 2017 Department.’’; for the purpose of placing participants of the (2) in subsection (b)— HERO Child-Rescue Corps Program (in this Mr. MCCONNELL. Mr. President, I (A) in paragraph (2)(C), by inserting after subsection referred to as ‘participants’) into ask unanimous consent that the Sen- ‘‘personnel’’ the following: ‘‘, which shall in- paid internship positions, for the subsequent ate proceed to the immediate consider- clude participating in training for Homeland appointment of the participants to perma- ation of Calendar No. 189, S. 1312. Security Investigations personnel conducted nent positions, as described in the guidelines The PRESIDING OFFICER. The by Internet Crimes Against Children Task promulgated under paragraph (3). clerk will report the bill by title. Forces’’; and ‘‘(2) INTERNSHIP POSITIONS.—Under the paid (B) in paragraph (3)— internship and hiring program required to be The senior assistant legislative clerk (i) in subparagraph (B)— established under paragraph (1), the Sec- read as follows: (I) in the matter preceding clause (i), by in- retary shall assign or detail participants to A bill (S. 1312) to prioritize the fight serting ‘‘in child exploitation investiga- positions within United States Immigration against human trafficking in the United tions’’ after ‘‘Enforcement’’; and and Customs Enforcement or any other Fed- States. (II) in clause (i), by inserting ‘‘child’’ be- eral agency in accordance with the guide- There being no objection, the Senate fore ‘‘victims’’; lines promulgated under paragraph (3). proceeded to consider the bill, which (ii) in subparagraph (C), by inserting ‘‘child ‘‘(3) PLACEMENT.— exploitation’’ after ‘‘number of’’; and ‘‘(A) IN GENERAL.—The Secretary shall pro- had been reported from the Committee (iii) in subparagraph (D), by inserting mulgate guidelines for assigning or detailing on the Judiciary, with an amendment ‘‘child exploitation’’ after ‘‘number of’’; and participants to positions within United to strike all after the enacting clause (3) in subsection (c)(2)— States Immigration and Customs Enforce- and insert in lieu thereof the following: (A) in subparagraph (A), in the matter pre- ment and other Federal agencies, which shall SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ceding clause (i), by inserting ‘‘and admin- include requirements for internship duties (a) SHORT TITLE.—This Act may be cited as ister the Digital Forensics and Document and agreements regarding the subsequent ap- the ‘‘Trafficking Victims Protection Act of and Media Exploitation program’’ after pointment of the participants to permanent 2017’’. ‘‘forensics’’; positions. (b) TABLE OF CONTENTS.—The table of con- (B) in subparagraph (C), by inserting ‘‘and ‘‘(B) PREFERENCE.—The Secretary shall tents for this Act is as follows: emerging technologies’’ after ‘‘forensics’’; give a preference to Homeland Security In- Sec. 1. Short title; table of contents. and vestigations in assignments or details under Sec. 2. Findings; sense of Congress. (C) in subparagraph (D), by striking ‘‘and the guidelines promulgated under subpara- the National Association to Protect Chil- graph (A). TITLE I—FREDERICK DOUGLASS dren’’ and inserting ‘‘, the National Associa- ‘‘(4) TERM OF INTERNSHIP.—An appointment TRAFFICKING PREVENTION ACT OF 2017 tion to Protect Children, and other govern- to an internship position under this sub- Sec. 101. Training of school resource officers to mental entities’’. section shall be for a term not to exceed 12 recognize and respond to signs of (b) HERO CHILD-RESCUE CORPS.—Section months. human trafficking. 890A of the Homeland Security Act of 2002 (6 ‘‘(5) RATE AND TERM OF PAY.—After comple- Sec. 102. Training for school personnel. U.S.C. 473) is amended— tion of initial group training and upon begin- TITLE II—JUSTICE FOR TRAFFICKING (1) by redesignating subsection (e) as sub- ning work at an assigned office, a partici- VICTIMS section (g); pant appointed to an internship position Sec. 201. Injunctive relief. (2) by inserting after subsection (d) the fol- under this subsection who is not receiving Sec. 202. Improving support for missing and ex- lowing: monthly basic pay as a member of the Armed ploited children. ‘‘(e) HERO CHILD-RESCUE CORPS.— Forces on active duty shall receive com- Sec. 203. Forensic and investigative assistance. ‘‘(1) ESTABLISHMENT.— pensation at a rate that is— TITLE III—SERVICES FOR TRAFFICKING ‘‘(A) IN GENERAL.—There is established ‘‘(A) not less than the minimum rate of SURVIVORS within the Center a Human Exploitation basic pay payable for a position at level GS– Rescue Operation Child-Rescue Corps Pro- 5 of the General Schedule; and Sec. 301. Extension of anti-trafficking grant gram (referred to in this section as the ‘‘(B) not more than the maximum rate of programs. ‘HERO Child-Rescue Corps Program’), which basic pay payable for a position at level GS– Sec. 302. Establishment of Office of Victim As- shall be a Department-wide program, in col- 7 of the General Schedule. sistance. Sec. 303. Implementing a victim-centered ap- laboration with the Department of Defense ‘‘(6) ELIGIBILITY.—In establishing the paid and the National Association to Protect internship and hiring program required proach to human trafficking. Children. under paragraph (1), the Secretary shall en- Sec. 304. Improving victim screening. Sec. 305. Improving victim services. ‘‘(B) PRIVATE SECTOR COLLABORATION.—As sure that the eligibility requirements for part of the HERO Child-Rescue Corps Pro- participation in the internship program are TITLE IV—IMPROVED DATA COLLECTION gram, the National Association to Protect the same as the eligibility requirements for AND INTERAGENCY COORDINATION Children shall provide logistical support for participation in the HERO Child-Rescue Sec. 401. Promoting data collection on human program participants. Corps Program. trafficking.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00095 Fmt 0624 Sfmt 6343 E:\CR\FM\A11SE6.077 S11SEPT1 S5180 CONGRESSIONAL RECORD — SENATE September 11, 2017 Sec. 402. Crime reporting. ter 117, the Attorney General may bring a civil partners across the United States and around Sec. 403. Human trafficking assessment. action in a district court of the United States the world instantly.’’; and TITLE V—TRAINING AND TECHNICAL seeking an order to enjoin such act. (7) by redesignating paragraphs (6), (7), (8), ASSISTANCE ‘‘(b) ACTION BY COURT.—The court shall pro- and (10), as amended by this subsection, as ceed as soon as practicable to the hearing and paragraphs (4), (5), (6), and (7), respectively. Sec. 501. Encouraging a victim-centered ap- determination of a civil action brought under (b) DEFINITIONS.—Section 403 of the Missing proach to training of Federal law subsection (a), and may, at any time before Children’s Assistance Act (42 U.S.C. 5772) is enforcement personnel. final determination, enter such a restraining amended— Sec. 502. Victim screening training. order or prohibition, or take such other action, (1) by striking paragraph (1) and inserting the Sec. 503. Judicial training. as is warranted to prevent a continuing and following: Sec. 504. Training of tribal law enforcement ‘‘(1) the term ‘missing child’ means any indi- and prosecutorial personnel. substantial injury to the United States or to any person or class of persons for whose protection vidual less than 18 years of age whose where- TITLE VI—ACCOUNTABILITY the civil action is brought. abouts are unknown to such individual’s par- Sec. 601. Grant accountability. ‘‘(c) PROCEDURE.— ent;’’; TITLE VII—PUBLIC-PRIVATE PARTNER- ‘‘(1) IN GENERAL.—A proceeding under this (2) in paragraph (2) by striking ‘‘and’’ at the SHIP ADVISORY COUNCIL TO END section shall be governed by the Federal Rules end; HUMAN TRAFFICKING of Civil Procedure, except that, if an indictment (3) in paragraph (3) by striking the period at the end and inserting ‘‘; and’’; and Sec. 701. Short title. has been returned against the respondent, dis- (4) by adding at the end the following: Sec. 702. Definitions. covery shall be governed by the Federal Rules of ‘‘(4) the term ‘parent’ includes a legal guard- Sec. 703. Public-Private Partnership Advisory Criminal Procedure. ian or other individual who may lawfully exer- Council to End Human Traf- ‘‘(2) SEALED PROCEEDINGS.—If a civil action is cise parental rights with respect to the child.’’. ficking. brought under subsection (a) before an indict- (c) DUTIES AND FUNCTIONS OF THE ADMINIS- Sec. 704. Reports. ment is returned against the respondent or TRATOR.—Section 404 of the Missing Children’s Sec. 705. Sunset. while an indictment against the respondent is under seal— Assistance Act (42 U.S.C. 5773) is amended— SEC. 2. FINDINGS; SENSE OF CONGRESS. ‘‘(A) the court shall place the civil action (1) in subsection (a)— (a) FINDINGS.—Congress finds the following: under seal; and (A) in paragraph (3) by striking ‘‘telephone (1) The crime of human trafficking involves ‘‘(B) when the indictment is unsealed, the line’’ and inserting ‘‘hotline’’; and the exploitation of adults through force, fraud, court shall unseal the civil action unless good (B) in paragraph (6)(E)— or coercion, and children for such purposes as cause exists to keep the civil action under seal. (i) by striking ‘‘telephone line’’ and inserting forced labor or commercial sex. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this ‘‘hotline’’; (2) Reliable data on the prevalence of human section shall be construed or applied so as to (ii) by striking ‘‘(b)(1)(A) and’’ and inserting trafficking in the United States is not available, abridge the exercise of rights guaranteed under ‘‘(b)(1)(A),’’; and but cases have been reported in all 50 States, the the First Amendment to the Constitution of the (iii) by inserting ‘‘, and the number and types territories of the United States, and the District United States.’’. of reports to the tipline established under sub- of Columbia. (b) TECHNICAL AND CONFORMING AMEND- section (b)(1)(K)(i)’’ before the semicolon at the (3) Each year, thousands of individuals may MENT.—The table of sections for chapter 77 of end; be trafficked within the United States, accord- title 18, United States Code, is amended by in- (2) in subsection (b)(1)— ing to recent estimates from victim advocates. serting after the item relating to section 1595 the (A) in subparagraph (A)— (4) More accurate and comprehensive data on following: (i) by striking ‘‘telephone line’’ each place it the prevalence of human trafficking is needed to appears and inserting ‘‘hotline’’; and properly combat this form of modern slavery in ‘‘1595A. Civil injunctions.’’. (ii) by striking ‘‘legal custodian’’ and insert- the United States. SEC. 202. IMPROVING SUPPORT FOR MISSING ing ‘‘parent’’; (5) Victims of human trafficking can include AND EXPLOITED CHILDREN. (B) in subparagraph (C)— men, women, and children who are diverse with (a) FINDINGS.—Section 402 of the Missing (i) in clause (i)— respect to race, ethnicity, and nationality, Children’s Assistance Act (42 U.S.C. 5771) is (I) by striking ‘‘restaurant’’ and inserting among other factors. amended— ‘‘food’’; and (6) Since the enactment of the Trafficking Vic- (1) by amending paragraph (1) to read as fol- (II) by striking ‘‘and’’ at the end; tims Protection Act of 2000 (Public Law 106–386; lows: (ii) in clause (ii) by adding ‘‘and’’ at the end; 114 Stat. 1464), human traffickers have ‘‘(1) each year tens of thousands of children and launched increasingly sophisticated schemes to run away, or are abducted or removed, from the (iii) by adding at the end the following: increase the scope of their activities and the control of a parent having legal custody without ‘‘(iii) innovative and model programs, services, number of their victims. the consent of that parent, under circumstances and legislation that benefit missing and ex- (b) SENSE OF CONGRESS.—It is the sense of which immediately place the child in grave dan- ploited children;’’; Congress that Congress supports additional ef- ger;’’; (C) by striking subparagraphs (E), (F), and forts to raise awareness of and oppose human (2) by striking paragraphs (4) and (5); (G); trafficking. (3) in paragraph (6) by inserting ‘‘, including (D) by amending subparagraph (H) to read as child sex trafficking and sextortion’’ after ‘‘ex- follows: TITLE I—FREDERICK DOUGLASS ploitation’’; ‘‘(H) provide technical assistance and training TRAFFICKING PREVENTION ACT OF 2017 (4) in paragraph (8) by adding ‘‘and’’ at the to families, law enforcement agencies, State and SEC. 101. TRAINING OF SCHOOL RESOURCE OFFI- end; local governments, elements of the criminal jus- CERS TO RECOGNIZE AND RESPOND (5) by striking paragraph (9); tice system, nongovernmental agencies, local TO SIGNS OF HUMAN TRAFFICKING. (6) by amending paragraph (10) to read as fol- educational agencies, and the general public— Section 1701(b)(12) of title I of the Omnibus lows: ‘‘(i) in the prevention, investigation, prosecu- Crime Control and Safe Streets Act of 1968 (42 ‘‘(10) a key component of such programs is the tion, and treatment of cases involving missing U.S.C. 3796dd(b)(12)) is amended by inserting ‘‘, National Center for Missing and Exploited Chil- and exploited children; including the training of school resource officers dren that— ‘‘(ii) to respond to foster children missing from in the prevention of human trafficking of- ‘‘(A) serves as a nonprofit, national resource the State child welfare system in coordination fenses’’ before the semicolon at the end. center and clearinghouse to provide assistance with child welfare agencies and courts handling SEC. 102. TRAINING FOR SCHOOL PERSONNEL. to victims, families, child-serving professionals, juvenile justice and dependency matters; and Section 41201(f) of the Violence Against and the general public; ‘‘(iii) in the identification, location, and re- Women Act of 1994 (42 U.S.C. 14043c(f)) is ‘‘(B) works with the Department of Justice, covery of victims of, and children at risk for, amended by striking ‘‘2014 through 2018’’ and the Federal Bureau of Investigation, the United child sex trafficking;’’; inserting ‘‘2019 through 2022’’. States Marshals Service, the Department of the (E) by amending subparagraphs (I), (J), and TITLE II—JUSTICE FOR TRAFFICKING Treasury, the Department of State, U.S. Immi- (K) to read as follows: VICTIMS gration and Customs Enforcement, the United ‘‘(I) provide assistance to families, law en- States Secret Service, the United States Postal forcement agencies, State and local govern- SEC. 201. INJUNCTIVE RELIEF. Inspection Service, other agencies, and non- ments, nongovernmental agencies, child-serving (a) IN GENERAL.—Chapter 77 of title 18, governmental organizations in the effort to find professionals, and other individuals involved in United States Code, is amended by inserting missing children and to prevent child victimiza- the location and recovery of missing and ab- after section 1595 the following: tion; and ducted children nationally and, in cooperation ‘‘§ 1595A. Civil injunctions ‘‘(C) coordinates with each of the missing with the Department of State, internationally; ‘‘(a) IN GENERAL.—Whenever it shall appear children clearinghouses operated by the 50 ‘‘(J) provide support and technical assistance that any person is engaged or is about to engage States, the District of Columbia, Puerto Rico, to child-serving professionals involved in help- in any act that constitutes or will constitute a and international organizations to transmit im- ing to recover missing and exploited children by violation of this chapter, chapter 110, or chapter ages and information regarding missing and ex- searching public records databases to help in 117, or a conspiracy under section 371 to commit ploited children to law enforcement agencies, the identification, location, and recovery of a violation of this chapter, chapter 110, or chap- nongovernmental organizations, and corporate such children, and help in the location and

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.101 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5181 identification of potential abductors and offend- (B) in paragraph (8)— 14044c(e)) is amended by striking ‘‘2017’’ and in- ers; (i) by striking ‘‘legal custodians’’ and insert- serting ‘‘2021’’. ‘‘(K) provide forensic and direct on-site tech- ing ‘‘parents’’; and (d) CHILD ADVOCATES FOR UNACCOMPANIED nical assistance and consultation to families, (ii) by striking ‘‘custodians’ ’’ and inserting MINORS.—Section 235(c)(6)(F) of the William law enforcement agencies, child-serving profes- ‘‘parents’ ’’; and Wilberforce Trafficking Victims Protection Re- sionals, and nongovernmental organizations in (2) in subsection (b)(1)(A) by striking ‘‘legal authorization Act of 2008 (8 U.S.C. 1232(c)(6)(F)) child abduction and exploitation cases, includ- custodians’’ and inserting ‘‘parents’’. is amended— ing facial reconstruction of skeletal remains and (e) REPORTING.—The Missing Children’s As- (1) in the matter preceding clause (i), by strik- similar techniques to assist in the identification sistance Act (42 U.S.C. 5771 et seq.) is amend- ing ‘‘Secretary and Human Services’’ and insert- of unidentified deceased children;’’; ed— ing ‘‘Secretary of Health and Human Services’’; (F) by striking subparagraphs (L) and (M); (1) by redesignating sections 407 and 408 as and (G) by amending subparagraph (N) to read as section 408 and 409, respectively; and (2) in clause (ii), by striking ‘‘the fiscal years follows: (2) by inserting after section 406 the following: 2016 and 2017’’ and inserting ‘‘fiscal years 2018 ‘‘(N) provide training, technical assistance, ‘‘SEC. 407. REPORTING. through 2021’’. and information to nongovernmental organiza- ‘‘(a) REQUIRED REPORTING.—As a condition of (e) REINSTATEMENT AND REAUTHORIZATION OF tions relating to non-compliant sex offenders receiving funds under section 404(b), the grant GRANTS TO COMBAT CHILD SEX TRAFFICKING.— and to law enforcement agencies in identifying recipient shall, based solely on reports received (1) REINSTATEMENT OF EXPIRED PROVISION.— (A) IN GENERAL.—Section 202 of the Traf- and locating such individuals;’’; by the grantee and not involving any data col- ficking Victims Protection Reauthorization Act (H) by striking subparagraph (P); lection by the grantee other than those reports, of 2005 (42 U.S.C. 14044a) is amended to read as (I) by amending subparagraph (Q) to read as annually provide to the Administrator and make such section read on March 6, 2017. follows: available to the general public, as appropriate— ‘‘(Q) work with families, law enforcement (B) CONFORMING AMENDMENT.—Section ‘‘(1) the number of children nationwide who agencies, electronic service providers, electronic 1241(b) of the Violence Against Women Reau- are reported to the grantee as missing; thorization Act of 2013 (42 U.S.C. 14044a note) is payment service providers, technology compa- ‘‘(2) the number of children nationwide who repealed. nies, nongovernmental organizations, and oth- are reported to the grantee as victims of non- ers on methods to reduce the existence and dis- (2) EFFECTIVE DATE.—The amendments made family abductions; by paragraph (1) shall take effect as though en- tribution of online images and videos of sexually ‘‘(3) the number of children nationwide who acted on March 6, 2017. exploited children— are reported to the grantee as victims of family ‘‘(i) by operating a tipline to— (3) REAUTHORIZATION.—Section 202(i) of the abductions; and ‘‘(I) provide to individuals and electronic serv- Trafficking Victims Protection Reauthorization ‘‘(4) the number of missing children recovered ice providers an effective means of reporting Act of 2005, as amended by paragraph (1), is nationwide whose recovery was reported to the Internet-related and other instances of child amended by striking ‘‘2014 through 2017’’ and grantee. sexual exploitation in the areas of— inserting ‘‘2018 through 2021’’. ‘‘(b) INCIDENCE OF ATTEMPTED CHILD ABDUC- ‘‘(aa) possession, manufacture, and distribu- SEC. 302. ESTABLISHMENT OF OFFICE OF VICTIM TIONS.—As a condition of receiving funds under tion of child pornography; ASSISTANCE. section 404(b), the grant recipient shall— ‘‘(bb) online enticement of children for sexual (a) TECHNICAL AMENDMENTS.—Subtitle D of ‘‘(1) track the incidence of attempted child ab- acts; title IV of the Homeland Security Act of 2002 (6 ductions in order to identify links and patterns; ‘‘(cc) child sex trafficking; U.S.C. 251 et seq.) is amended— ‘‘(dd) sex tourism involving children; ‘‘(2) provide such information to law enforce- (1) in section 442— ‘‘(ee) extra familial child sexual molestation; ment agencies; and (A) by striking ‘‘bureau’’ each place such term ‘‘(ff) unsolicited obscene material sent to a ‘‘(3) make such information available to the appears, except in subsection (a)(1), and insert- child; general public, as appropriate.’’. ing ‘‘agency’’; ‘‘(gg) misleading domain names; and SEC. 203. FORENSIC AND INVESTIGATIVE ASSIST- (B) by striking ‘‘the Bureau of Border Secu- ‘‘(hh) misleading words or digital images on ANCE. rity’’ each place such term appears and insert- the Internet; and Section 3056(f) of title 18, United States Code, ing ‘‘U.S. Immigration and Customs Enforce- ‘‘(II) make reports received through the tipline is amended— ment’’; available to the appropriate law enforcement (1) by inserting ‘‘in conjunction with an in- (C) in the section heading, by striking ‘‘BU- agency for its review and potential investiga- vestigation’’ after ‘‘local law enforcement agen- REAU OF BORDER SECURITY’’ and inserting ‘‘U.S. tion; cy’’; and IMMIGRATION AND CUSTOMS ENFORCEMENT’’; ‘‘(ii) by operating a child victim identification (2) by striking ‘‘in support of any investiga- (D) in subsection (a)— program to assist law enforcement agencies in tion involving missing or exploited children’’. (i) in the heading, by striking ‘‘OF BUREAU’’; identifying victims of child pornography and TITLE III—SERVICES FOR TRAFFICKING and other sexual crimes to support the recovery of SURVIVORS (ii) in paragraph (1), by striking ‘‘a bureau to children from sexually exploitative situations; be known as the ‘Bureau of Border Security’.’’ and SEC. 301. EXTENSION OF ANTI-TRAFFICKING GRANT PROGRAMS. and inserting ‘‘an agency to be known as ‘U.S. ‘‘(iii) by utilizing emerging technologies to Immigration and Customs Enforcement’.’’; (a) TRAFFICKING VICTIMS PROTECTION ACT OF provide additional outreach and educational (iii) in paragraph (3)(C), by striking ‘‘the Bu- 2000.—The Trafficking Victims Protection Act of materials to parents and families;’’; reau of’’ before ‘‘Citizenship and Immigration 2000 (22 U.S.C. 7101 et seq.) is amended— (J) by striking subparagraph (R); Services’’ and inserting ‘‘U.S.’’; and (1) in section 112A(b)(4) (22 U.S.C. (K) by amending subparagraphs (S) and (T) to (iv) in paragraph (4), by striking ‘‘the Bu- 7109a(b)(4)), by striking ‘‘2014 through 2017’’ read as follows: reau.’’ and inserting ‘‘the agency.’’; and ‘‘(S) develop and disseminate programs and and inserting ‘‘2018 through 2021’’; (E) in subsection (b)(2)— information to families, child-serving profes- (2) in section 113 (22 U.S.C. 7110)— (i) in the matter preceding subparagraph (A), sionals, law enforcement agencies, State and (A) in subsection (d)— by striking ‘‘Bureau of Border Security’’ and in- local governments, nongovernmental organiza- (i) in the paragraph (1), by striking serting ‘‘U.S. Immigration and Customs Enforce- tions, schools, local educational agencies, child- ‘‘$11,000,000 for each of fiscal years 2014 through ment’’; and serving organizations, and the general public 2017’’ and inserting ‘‘$45,000,000 for each of fis- (ii) in subparagraph (B), by striking ‘‘the Bu- on— cal years 2018 through 2021’’; and reau of’’ before ‘‘Citizenship and Immigration ‘‘(i) the prevention of child abduction and (ii) in paragraph (3), by striking ‘‘2014 Services’’ and inserting ‘‘U.S.’’; and sexual exploitation; through 2017’’ and inserting ‘‘2018 through (2) in section 443(2), by striking ‘‘such bu- ‘‘(ii) Internet safety, including tips for social 2021’’; and reau’’ and inserting ‘‘such agency’’. media and cyberbullying; and (B) in subsection (e)— (b) FORMALIZATION OF OFFICE OF VICTIM AS- ‘‘(iii) sexting and sextortion; and (i) in paragraph (1), by striking ‘‘2014 through SISTANCE.—Section 442 of the Homeland Security ‘‘(T) provide technical assistance and training 2017’’ and inserting ‘‘2018 through 2021’’; and Act of 2002 (6 U.S.C. 252) is amended by adding to local educational agencies, schools, State and (ii) in paragraph (2), by striking ‘‘2014 at the end the following: local law enforcement agencies, individuals, and through 2017’’ and inserting ‘‘2018 through ‘‘(d) OFFICE OF VICTIM ASSISTANCE.— other nongovernmental organizations that assist 2021’’; and ‘‘(1) IN GENERAL.—There is established in with finding missing and abducted children in (C) in subsection (f), by striking ‘‘2014 Homeland Security Investigations of U.S. Immi- identifying and recovering such children;’’; and through 2017’’ and inserting ‘‘2018 through gration and Customs Enforcement the Office of (L) by redesignating subparagraphs (H), (I), 2021’’. Victim Assistance. (J), (K), (N), (O), (Q), (S), (T), (U), and (V), as (b) ANNUAL TRAFFICKING CONFERENCE.—Sec- ‘‘(2) PURPOSE.—The purpose of the Office of amended by this subsection, as subparagraphs tion 201(c)(2) of the Trafficking Victims Protec- Victim Assistance shall be— (E) through (O), respectively. tion Reauthorization Act of 2005 (42 U.S.C. ‘‘(A) to provide national oversight to ensure (d) GRANTS.—Section 405 of the Missing Chil- 14044(c)(2)) is amended by striking ‘‘2017’’ and that all employees of the U.S. Immigration and dren’s Assistance Act (42 U.S.C. 5775) is amend- inserting ‘‘2021’’. Customs Enforcement comply with all applicable ed— (c) GRANTS TO STATE AND LOCAL LAW EN- Federal laws and policies concerning victims’ (1) in subsection (a)— FORCEMENT FOR ANTI-TRAFFICKING PROGRAMS.— rights, access to information, advisement of (A) in paragraph (7) by striking ‘‘(as defined Section 204(e) of the Trafficking Victims Protec- legal rights, just and fair treatment of victims, in section 403(1)(A))’’; and tion Reauthorization Act of 2005 (42 U.S.C. and respect for victims’ privacy and dignity;

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00097 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.101 S11SEPT1 S5182 CONGRESSIONAL RECORD — SENATE September 11, 2017 ‘‘(B) to oversee and support specially trained (3) by adding at the end the following: amended by inserting after the item relating to victim assistance personnel through guidance, ‘‘(S) the data collected by Homeland Security section 107A the following: training, travel, technical assistance, and equip- Investigations of U.S. Immigration and Customs ‘‘Sec. 107B. Improving domestic victim screen- ment to support Homeland Security Investiga- Enforcement under section 442(d)(4) of the ing procedures.’’. tions in domestic and international investiga- Homeland Security Act of 2002.’’. (c) AMENDMENT TO TITLE 18.—Section 1593A tions with a potential or identified victim or wit- (d) FUNDING.—The Director of the Office for of title 18, United States Code, is amended by ness. Victims of Crime of the Department of Justice striking ‘‘section 1581(a), 1592, or 1595(a)’’ and ‘‘(3) FUNCTIONS.—The Office of Victim Assist- may transfer amounts described in subpara- inserting ‘‘this chapter’’. ance shall— graph (C) of section 1402(d)(3) of the Victims of SEC. 305. IMPROVING VICTIM SERVICES. ‘‘(A) fund and provide guidance, training, Crime Act of 1984 (42 U.S.C. 10601(d)(3)), as Section 1402(d)(3) of the Victims of Crime Act travel, technical assistance, equipment, emer- added by section 305 of this Act, to the Office of of 1984 (42 U.S.C. 10601(d)(3)) is amended by gency funding for urgent victim needs as identi- Victim Assistance of the Department of Home- adding at the end the following: fied, and coordination of victim assistance per- land Security for the costs for providing direct ‘‘(C)(i) The Director may use not more than 1 sonnel throughout Homeland Security Inves- victim assistance services, including victim as- percent of the amount to be distributed from the tigations to provide potential and identified vic- sistance specialists and forensic interview spe- Fund under this paragraph in a particular fis- tims and witnesses with access to the rights and cialists, by the Office of Victim Assistance. cal year to provide and improve direct assist- services to which they are entitled by law; (e) CONFORMING AMENDMENT.—The table of ‘‘(B) provide training throughout the U.S. Im- contents in section 1(b) of the Homeland Secu- ance services for crime victims, including victim migration and Customs Enforcement on victim- rity Act of 2002 (Public Law 107–296; 116 Stat. assistance coordinators and specialists, in the related policies, issues, roles of victim assistance 2135) is amended by striking the item relating to Federal criminal justice system (as described in personnel, and the victim-centered approach in section 442 and inserting the following: section 3771 of title 18, United States Code, and investigations; section 503 of the Victims’ Rights and Restitu- ‘‘Sec. 442. Establishment of U.S. Immigration ‘‘(C) provide victim assistance specialists to tion Act of 1990 (42 U.S.C. 10607)) by a depart- and Customs Enforcement.’’. assess victims’ needs, provide referrals for com- ment or agency of the Federal Government other prehensive assistance, and work with special SEC. 303. IMPLEMENTING A VICTIM-CENTERED than the Department of Justice. agents to integrate victim assistance consider- APPROACH TO HUMAN TRAF- ‘‘(ii) Beginning in the first fiscal year begin- FICKING. ations throughout the investigation and judicial ning after the date of enactment of this sub- Section 107(b)(2) of the Trafficking Victims processes, as needed, by locating such special- paragraph and every fiscal year thereafter, the Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is ists— Director shall solicit requests for funding under ‘‘(i) where there is a human trafficking task amended— clause (i).’’. force in which Homeland Security Investiga- (1) in subparagraph (B)(ii), by striking the pe- riod at the end and inserting ‘‘; and’’; and TITLE IV—IMPROVED DATA COLLECTION tions participates; AND INTERAGENCY COORDINATION ‘‘(ii) where there is a task force targeting (2) by adding at the end the following: child sexual exploitation in which Homeland Se- ‘‘(D) PRIORITY.—In selecting recipients of SEC. 401. PROMOTING DATA COLLECTION ON HUMAN TRAFFICKING. curity Investigations participates; and grants under this paragraph that are only ‘‘(iii) in each Homeland Security Investiga- available for law enforcement operations or task (a) PREVALENCE OF HUMAN TRAFFICKING.— tions Special Agent in Charge Office to address forces, the Attorney General may give priority to Not later than 1 year after the date of enact- victims of other Federal crimes, such as tele- any applicant that files an attestation with the ment of this Act, the Attorney General shall marketing fraud, which Homeland Security In- Attorney General stating that— submit to Congress a report on the efforts of the vestigations investigates; ‘‘(i) the grant funds awarded under this para- National Institute of Justice to develop a meth- ‘‘(D) provide forensic interview specialists in graph— odology to assess the prevalence of human traf- each Homeland Security Investigations Special ‘‘(I) will be used to assist in the prevention of ficking in the United States, including a Agent in Charge Office to conduct victim-cen- severe forms of trafficking in persons; timeline for completion of the methodology. tered and legally sufficient fact finding forensic ‘‘(II) will be used to strengthen efforts to in- (b) INNOCENCE LOST NATIONAL INITIATIVE.— interviews, both domestically and internation- vestigate and prosecute those who knowingly Not later than 180 days after the date of enact- ally; benefit financially from participation in a ven- ment of this Act, the Director of the Federal Bu- ‘‘(E) provide case consultation, operational ture that has engaged in any act of human traf- reau of Investigation shall submit to the Com- planning, coordination of services, and tech- ficking; mittee on the Judiciary and the Committee on nical assistance and training to special agents ‘‘(III) will be used to take affirmative meas- Appropriations of the Senate and the Committee regarding all issues related to victims and wit- ures to avoid arresting, charging, or prosecuting on the Judiciary and the Committee on Appro- nesses of all ages; victims of human trafficking for any offense priations of the House of Representatives a re- ‘‘(F) establish victim-related policies for that is the direct result of their victimization; port on the status of the Innocence Lost Na- Homeland Security Investigations, including and tional Initiative, which shall include, for each policies related to human trafficking, child sex- ‘‘(IV) will not be used to require a victim of of the last 5 fiscal years, information on— ual exploitation, and other Federal crimes inves- human trafficking to collaborate with law en- (1) the number of human traffickers who were tigated by Homeland Security Investigations; forcement officers as a condition of access to arrested, disaggregated by— and any shelter or restorative services; and (A) the number of individuals arrested for pa- ‘‘(G) collaborate with other Federal, State, ‘‘(ii) the applicant will provide dedicated re- tronizing or soliciting an adult; local, and tribal governmental, nongovern- sources for anti-human trafficking law enforce- (B) the number of individuals arrested for re- mental, and nonprofit entities regarding policy, ment officers for a period that is longer than the cruitment, harboring, maintaining, or obtaining outreach, and training activities. duration of the grant received under this para- an adult; ‘‘(4) DATA COLLECTION.—The Office of Victim graph.’’. (C) the number of individuals arrested for pa- Assistance shall collect and maintain data in a SEC. 304. IMPROVING VICTIM SCREENING. tronizing or soliciting a minor; and manner that protects the confidentiality of the (a) IN GENERAL.—The Trafficking Victims (D) the number of individuals arrested for re- data and omits personally identifying informa- Protection Act of 2000 (22 U.S.C. 7101 et seq.) is cruitment, harboring, maintaining, or obtaining tion and subject to other Federal laws regarding amended by inserting after section 107A (22 a minor; victim confidentiality, including— U.S.C. 7105a) the following: (2) the number of adults who were arrested on ‘‘(A) the sex and race of the victim; charges of prostitution; ‘‘(B) each alleged crime that the victim was ‘‘SEC. 107B. IMPROVING DOMESTIC VICTIM SCREENING PROCEDURES. (3) the number of minor victims who were subjected to, and in the case of human traf- ‘‘(a) VICTIM SCREENING TOOLS.—Not later identified; ficking, each purpose for which the victim was (4) the number of minor victims who were ar- trafficked, such as commercial sex or forced than October 1, 2018, the Attorney General shall compile and disseminate, to all grantees who are rested and formally petitioned by a juvenile labor; and court or criminally charged; and ‘‘(C) whether the victim was an adult or a awarded grants to provide victims’ services under subsection (b) or (f) of section 107, infor- (5) the placement of and social services pro- minor child. vided to each such minor victim as part of each ‘‘(5) AVAILABILITY OF DATA TO CONGRESS.— mation about reliable and effective tools for the State operation. The Office of Victim Assistance shall make the identification of victims of human trafficking. (c) AVAILABILITY OF REPORTS.—The reports data collected and maintained under paragraph ‘‘(b) USE OF SCREENING PROCEDURES.—Begin- required under subsections (a) and (b) shall be (4) available to the committees of Congress set ning not later than October 1, 2018, the Attor- posted on the website of the Department of Jus- forth in section 105(d)(7) of the Trafficking Vic- ney General, in consultation with the Secretary tice. tims Protection Act of 2000 (22 U.S.C. of Health and Human Services, shall identify 7103(d)(7)).’’. recommended practices for the screening of SEC. 402. CRIME REPORTING. (c) REPORTING REQUIREMENT.—Section human trafficking victims and shall encourage Section 7332(c) of the Uniform Federal Crime 105(d)(7) of the Trafficking Victims Protection the use of such practices by grantees receiving a Reporting Act of 1988 (28 U.S.C. 534 note) is Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— grant to provide victim services to youth under amended— (1) in subparagraph (Q)(vii), by striking subsection (b) or (f) of section 107.’’. (1) in paragraph (3), by striking ‘‘in the form ‘‘and’’ at the end; (b) CLERICAL AMENDMENT.—The table of con- of annual Uniform Crime Reports for the United (2) in subparagraph (R), by striking the period tents for the Victims of Trafficking and Violence States’’ and inserting ‘‘not less frequently than at the end and inserting ‘‘; and’’; and Protection Act of 2000 (Public Law 106–386) is annually’’; and

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00098 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.101 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5183

(2) by adding at the end the following: (1) IN GENERAL.—Not later than 1 year after (2) by adding at the end the following: ‘‘(4) INTERAGENCY COORDINATION.— the date of enactment of this Act, the Attorney ‘‘(f) DEPARTMENT OF JUSTICE VICTIM SCREEN- ‘‘(A) IN GENERAL.—Not later than 90 days General and the Secretary of Homeland Security ING PROTOCOL.— after the date of enactment of this paragraph, shall develop an advanced training curriculum, ‘‘(1) IN GENERAL.—Not later than 180 days the Director of the Federal Bureau of Investiga- to supplement the basic curriculum for inves- after the date of enactment of this subsection, tion shall coordinate with the head of each de- tigative personnel of the Department of Justice the Attorney General shall issue a screening partment or agency within the Federal Govern- and the Department of Homeland Security, re- protocol for use during all anti-trafficking law ment that is subject to the mandatory reporting spectively, that— enforcement operations in which the Depart- requirements under paragraph (2) for the pur- (A) emphasizes a multidisciplinary, collabo- ment of Justice is involved. pose of ensuring successful implementation of rative effort by law enforcement officers and ‘‘(2) REQUIREMENTS.—The protocol required to paragraph (2). victim service providers to offer comprehensive be issued under paragraph (1) shall— ‘‘(B) FOR REPORT.—Not later than 6 months services and resources for victims and a broad ‘‘(A) require the individual screening of all after the date of enactment of this paragraph, range of investigation and prosecution options adults and children who are suspected of engag- the head of each department or agency within in response to perpetrators; ing in commercial sex acts or who are subject to the Federal Government that is subject to the (B) provides guidance about the recruitment labor exploitation that may be in violation of mandatory reporting requirements under para- techniques employed by human traffickers to child labor laws to determine whether each indi- graph (2) shall provide the Director of the Fed- clarify that an individual who knowingly solic- vidual screened is a victim of human trafficking; eral Bureau of Investigation such information its or patronizes a commercial sex act from a ‘‘(B) require affirmative measures to avoid ar- as the Director determines is necessary to com- person who was a minor (consistent with section resting, charging, or prosecuting human traf- plete the first report required under paragraph 1591(c) of title 18, United States Code) or was ficking victims for any offense that is the direct (5). subject to force, fraud, or coercion is guilty of result of their victimization; ‘‘(5) ANNUAL REPORT BY FEDERAL BUREAU OF an offense under chapter 77 of title 18, United ‘‘(C) require all Federal law enforcement offi- INVESTIGATION.—Not later than 1 year after the States Code, and is a party to a human traf- cers and relevant department personnel who date of enactment of this paragraph, and annu- ficking offense; and participate in human trafficking investigations (C) explains that— ally thereafter, the Director of the Federal Bu- to receive training on enforcement of the pro- (i) victims of sex or labor trafficking often en- reau of Investigation shall prepare and submit tocol; to the Committee on the Judiciary of the Senate gage in criminal acts as a direct result of severe ‘‘(D) be developed in consultation with State and the Committee on the Judiciary of the trafficking in persons and such individuals are and local law enforcement agencies, the Depart- House of Representatives a report detailing the victims of a crime and affirmative measures ment of Health and Human Services, survivors efforts of the departments and agencies within should be taken to avoid arresting, charging, or of human trafficking, and nongovernmental or- the Federal Government to come into compliance prosecuting such individuals for any offense ganizations that specialize in the identification, with paragraph (2). The report shall contain a that is the direct result of their victimization; prevention, and restoration of victims of human list of all departments and agencies within the and trafficking; and Federal Government subject to paragraph (2) (ii) a comprehensive approach to eliminating ‘‘(E) include— and whether each department or agency is in human trafficking should include demand re- compliance with paragraph (2).’’. duction as a component. ‘‘(i) procedures and practices to ensure that (2) USE OF CURRICULUM.—The Attorney Gen- the screening process minimizes trauma or re- SEC. 403. HUMAN TRAFFICKING ASSESSMENT. victimization of the person being screened; and Not later than 1 year after the date of enact- eral and the Secretary of Homeland Security shall provide training using the curriculum de- ‘‘(ii) guidelines on assisting victims of human ment of this Act, and annually thereafter, the trafficking in identifying and receiving victim Executive Associate Director of Homeland Secu- veloped under paragraph (1) to— (A) all law enforcement officers employed by services.’’. rity Investigations shall submit to the Committee the Department of Justice and the Department on Homeland Security and Governmental Af- SEC. 503. JUDICIAL TRAINING. of Homeland Security, respectively, who may be fairs and the Committee on the Judiciary of the Section 223(b)(2) of the Victims of Child Abuse involved in the investigation of human traf- Senate, and the Committee on Homeland Secu- Act of 1990 (42 U.S.C. 13023(b)(2)) is amended— ficking offenses; and rity and the Committee on the Judiciary of the (1) in subparagraph (B) by striking ‘‘and’’ at (B) members of task forces that participate in House of Representatives a report on human the end; the investigation of human trafficking offenses. trafficking investigations undertaken by Home- (2) in subparagraph (C) by striking the period (c) TRAINING COMPONENTS.—Section land Security Investigations that includes— at the end and inserting ‘‘; and’’; and 107(c)(4)(B) of the Trafficking Victims Protec- (1) the number of confirmed human traf- (3) by adding at the end the following: tion Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is ficking investigations by category, including ‘‘(D) procedures for improving the judicial re- amended— labor trafficking, sex trafficking, and (1) in clause (ii), by striking ‘‘and’’ at the end; sponse to children who are vulnerable to human transnational and domestic human trafficking; (2) in clause (iii), by striking the period at the trafficking, to the extent an appropriate screen- (2) the number of victims by category, includ- end and inserting ‘‘; and’’; and ing tool exists.’’. ing— (3) by adding at the end the following: SEC. 504. TRAINING OF TRIBAL LAW ENFORCE- (A) whether the victim is a victim of sex traf- ‘‘(iv) a discussion clarifying that an indi- MENT AND PROSECUTORIAL PER- ficking or a victim of labor trafficking; and vidual who knowingly solicits or patronizes a SONNEL. (B) whether the victim is a minor or an adult; commercial sex act from a person who was a The Attorney General, in consultation with and minor (consistent with section 1591(c) of title 18, the Director of the Office of Tribal Justice, shall (3) an analysis of the data described in para- United States Code) or was subject to force, carry out a program under which tribal law en- graphs (1) and (2) and other data available to fraud, or coercion is guilty of an offense under forcement officials may receive technical assist- Homeland Security Investigations that indicates chapter 77 of title 18, United States Code, and is ance and training to pursue a victim-centered any general human trafficking or investigatory a party to a human trafficking offense.’’. approach to investigating and prosecuting se- trends. SEC. 502. VICTIM SCREENING TRAINING. vere forms of trafficking in persons (as defined TITLE V—TRAINING AND TECHNICAL Section 114 of the Justice for Victims of Traf- in section 103 of the Trafficking Victims Protec- ASSISTANCE ficking Act of 2015 (42 U.S.C. 14044g) is amend- tion Act of 2000 (22 U.S.C. 7102)). SEC. 501. ENCOURAGING A VICTIM-CENTERED AP- ed— TITLE VI—ACCOUNTABILITY PROACH TO TRAINING OF FEDERAL (1) in subsection (c)(1)(A)— SEC. 601. GRANT ACCOUNTABILITY. LAW ENFORCEMENT PERSONNEL. (A) in clause (i), by striking the ‘‘and’’ at the Section 1236 of the Violence Against Women (a) TRAINING CURRICULUM IMPROVEMENTS.— end; Reauthorization Act of 2013 (22 U.S.C. 7113) is The Attorney General, Secretary of Homeland (B) in clause (ii), by striking the period at the amended— Security, and Secretary of Labor shall periodi- end and inserting a semicolon; and cally, but not less frequently than once every 2 (C) by adding at the end the following: (1) in the matter preceding paragraph (1), by years, implement improvements to the training ‘‘(iii) individually screening all adults and striking ‘‘All grants’’ and inserting the fol- programs on human trafficking for employees of children who are suspected of engaging in com- lowing: the Department of Justice, Department of Home- mercial sex acts or who are subject to labor ex- ‘‘(a) IN GENERAL.—For fiscal year 2013, and land Security, and Department of Labor, respec- ploitation that may be in violation of child labor each fiscal year thereafter, all grants’’; and tively, after consultation with survivors of laws to determine whether each individual (2) by adding at the end the following human trafficking, or trafficking victims service screened is a victim of human trafficking; and ‘‘(b) APPLICATION TO ADDITIONAL GRANTS.— providers, and Federal law enforcement agen- ‘‘(iv) how— For purposes of subsection (a), for fiscal year cies responsible for the prevention, deterrence, ‘‘(I) victims of sex or labor trafficking often 2018, and each fiscal year thereafter, the term and prosecution of offenses involving human engage in criminal acts as a direct result of se- ‘grant awarded by the Attorney General under trafficking (such as individuals serving as, or vere trafficking in persons; and this title or an Act amended by this title’ in- who have served as, investigators in a Federal ‘‘(II) such individuals are victims of a crime cludes a grant under any of the following: agency and who have expertise in identifying and affirmative measures should be taken to ‘‘(1) Section 223 of the Victims of Child Abuse human trafficking victims and investigating avoid arresting, charging, or prosecuting such Act of 1990 (42 U.S.C. 13023). human trafficking cases). individuals for any offense that is the direct re- ‘‘(2) The program under section 504 of the (b) ADVANCED TRAINING CURRICULUM.— sult of their victimization.’’; and Trafficking Victims Protection Act of 2017.’’.

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00099 Fmt 0624 Sfmt 6333 E:\CR\FM\A11SE6.101 S11SEPT1 S5184 CONGRESSIONAL RECORD — SENATE September 11, 2017 TITLE VII—PUBLIC-PRIVATE PARTNER- gramming and policies relating to human traf- who provide a broad range of investigation SHIP ADVISORY COUNCIL TO END ficking in the United States; and prosecution options in response to per- HUMAN TRAFFICKING (4) formulate assessments and recommenda- petrators, and victim service providers, who SEC. 701. SHORT TITLE. tions to ensure that the policy and programming offer services and resources for victims; This title may be cited as the ‘‘Public-Private efforts of the Federal Government conform, to On page 87, line 17, strike ‘‘comprehen- Partnership Advisory Council to End Human the extent practicable, to the best practices in sive’’. Trafficking Act’’. the field of human trafficking prevention and On page 88, line 1, strike ‘‘comprehensive’’. rehabilitation and aftercare of human traf- The committee-reported amendment SEC. 702. DEFINITIONS. ficking victims; and In this Act: in the nature of a substitute, as amend- (5) meet with the Group not less frequently ed, was agreed to. (1) COUNCIL.—The term ‘‘Council’’ means the than annually, and not later than 45 days be- Public-Private Partnership Advisory Council to fore a meeting with the Task Force, to formally The bill (S. 1312), as amended, was or- End Human Trafficking present the findings and recommendations of dered to be engrossed for a third read- (2) GROUP.—The term ‘‘Group’’ means the the Council. ing, was read the third time, and Senior Policy Operating Group established (d) NONAPPLICABILITY OF FACA.—The Coun- passed, as follows: under section 105(g) of the Trafficking Victims cil shall not be subject to the requirements under S. 1312 Protection Act of 2000 (22 U.S.C. 7103(g)). the Federal Advisory Committee Act (5 U.S.C. Be it enacted by the Senate and House of Rep- (3) TASK FORCE.—The term ‘‘Task Force’’ App.). means the President’s Interagency Task Force resentatives of the United States of America in SEC. 704. REPORTS. Congress assembled, to Monitor and Combat Trafficking established Not later than 1 year after the date of the en- under section 105(a) of the Trafficking Victims actment of this Act and annually thereafter SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Protection Act of 2000 (22 U.S.C. 7103(a)). until the date described in section 705, the (a) SHORT TITLE.—This Act may be cited as SEC. 703. PUBLIC-PRIVATE PARTNERSHIP ADVI- Council, in coordination with the United States the ‘‘Trafficking Victims Protection Act of SORY COUNCIL TO END HUMAN Advisory Council on Human Trafficking, shall 2017’’. TRAFFICKING. submit a report containing the findings derived (b) TABLE OF CONTENTS.—The table of con- (a) ESTABLISHMENT.—There is established the from the reviews conducted pursuant to section tents for this Act is as follows: Public-Private Partnership Advisory Council to 3(c)(2) to— Sec. 1. Short title; table of contents. End Human Trafficking, which shall provide (1) the Committee on Appropriations of the Sec. 2. Findings; sense of Congress. advice and recommendations to the Group and Senate; TITLE I—FREDERICK DOUGLASS the Task Force. (2) the Committee on Foreign Relations of the TRAFFICKING PREVENTION ACT OF 2017 (b) MEMBERSHIP.— Senate; Sec. 101. Training of school resource officers (1) COMPOSITION.—The Council shall be com- (3) the Committee on Homeland Security and to recognize and respond to posed of not fewer than 8 and not more than 14 Governmental Affairs of the Senate; representatives of nongovernmental organiza- (4) the Committee on the Judiciary of the Sen- signs of human trafficking. tions, academia, and nonprofit groups who have ate; Sec. 102. Training for school personnel. significant knowledge and experience in human (5) the Committee on Appropriations of the TITLE II—JUSTICE FOR TRAFFICKING trafficking prevention and eradication, identi- House of Representatives; VICTIMS fication of human trafficking, and comprehen- (6) the Committee on Foreign Affairs of the Sec. 201. Injunctive relief. sive services for human trafficking victims. House of Representatives; Sec. 202. Improving support for missing and (2) REPRESENTATION OF NONPROFIT AND NON- (7) the Committee on Homeland Security of exploited children. GOVERNMENTAL ORGANIZATIONS.—To the extent the House of Representatives; Sec. 203. Forensic and investigative assist- practicable, members of the Council shall be rep- (8) the Committee on the Judiciary of the ance. resentatives of nonprofit groups, academia, and House of Representatives; (9) the chair of the Task Force; and TITLE III—SERVICES FOR TRAFFICKING nongovernmental organizations who accurately SURVIVORS reflect the diverse backgrounds related to work (10) the members of the Group. in the prevention, eradication, and identifica- SEC. 705. SUNSET. Sec. 301. Extension of anti-trafficking grant tion of human trafficking and comprehensive The Council shall terminate on September 30, programs. services for human trafficking victims in the 2020. Sec. 302. Establishment of Office of Victim United States and internationally. Mr. MCCONNELL. I ask unanimous Assistance. Sec. 303. Implementing a victim-centered (3) APPOINTMENT.—Not later than 180 days consent that the committee-reported approach to human trafficking. after the date of the enactment of this Act, the substitute amendment be considered; President shall appoint— Sec. 304. Improving victim screening. that the Grassley amendment at the Sec. 305. Improving victim services. (A) 1 member of the Council, after consulta- desk be considered and agreed to; that tion with the President Pro Tempore of the Sen- TITLE IV—IMPROVED DATA COLLECTION ate; the committee-reported substitute AND INTERAGENCY COORDINATION (B) 1 member of the Council, after consulta- amendment, as amended, be agreed to; Sec. 401. Promoting data collection on tion with the Minority Leader of the Senate; that the bill, as amended, be considered human trafficking. (C) 1 member of the Council, after consulta- read a third time and passed, and the Sec. 402. Crime reporting. tion with the Speaker of the House of Rep- motion to reconsider be considered Sec. 403. Human trafficking assessment. resentatives; made and laid upon the table. TITLE V—TRAINING AND TECHNICAL (D) 1 member of the Council, after consulta- The PRESIDING OFFICER. Without ASSISTANCE tion with the Minority Leader of the House of objection, it is so ordered. Representatives; and Sec. 501. Encouraging a victim-centered ap- (E) the remaining members of the Council. The amendment (No. 937) was agreed proach to training of Federal (4) TERM; REAPPOINTMENT.—Each member of to, as follows: law enforcement personnel. the Council— (Purpose: To improve the bill) Sec. 502. Victim screening training. (A) shall serve for a term of 2 years; and Beginning on page 69, strike line 23 and all Sec. 503. Judicial training. (B) may be reappointed by the President to that follows through page 70, line 6. Sec. 504. Training of tribal law enforcement serve 1 additional 2-year term. On page 70, line 7, strike ‘‘(e)’’ and insert and prosecutorial personnel. (5) EMPLOYEE STATUS.—Members of the Coun- ‘‘(d)’’. TITLE VI—ACCOUNTABILITY cil— On page 73, strike line 22 and insert the fol- Sec. 601. Grant accountability. lowing: (A) shall not be considered employees of the TITLE VII—PUBLIC-PRIVATE PARTNER- requests for funding under clause (i). Federal Government for any purpose; and SHIP ADVISORY COUNCIL TO END (B) shall not receive compensation. ‘‘(iii) Before amounts are distributed from HUMAN TRAFFICKING (c) FUNCTIONS.—The Council shall— the Fund to a department or agency for the (1) be a nongovernmental advisory body to the purpose described in clause (i), the Director Sec. 701. Short title. Group; shall evaluate whether the activities pro- Sec. 702. Definitions. (2) meet, at its own discretion or at the request posed to be carried out by such department Sec. 703. Public-Private Partnership Advi- of the Group, not less frequently than annually, or agency would duplicate services that are sory Council to End Human to review Federal Government policy and pro- provided by another department or agency of Trafficking. grams intended to combat human trafficking, the Federal Government (including the De- Sec. 704. Reports. including programs relating to the provision of partment of Justice) using amounts from the Sec. 705. Sunset. services for victims; Fund, and impose measures to avoid such du- SEC. 2. FINDINGS; SENSE OF CONGRESS. (3) serve as a point of contact, with the plication to the greatest extent possible.’’. (a) FINDINGS.—Congress finds the fol- United States Advisory Council on Human Traf- On page 79, strike lines 18 through 23 and lowing: ficking, for Federal agencies reaching out to insert the following: (1) The crime of human trafficking in- human trafficking nonprofit groups and non- (A) emphasizes a multidisciplinary, col- volves the exploitation of adults through governmental organizations for input on pro- laborative effort by law enforcement officers force, fraud, or coercion, and children for

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.101 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5185

such purposes as forced labor or commercial ‘‘(A) the court shall place the civil action (c) DUTIES AND FUNCTIONS OF THE ADMINIS- sex. under seal; and TRATOR.—Section 404 of the Missing Chil- (2) Reliable data on the prevalence of ‘‘(B) when the indictment is unsealed, the dren’s Assistance Act (42 U.S.C. 5773) is human trafficking in the United States is court shall unseal the civil action unless amended— not available, but cases have been reported good cause exists to keep the civil action (1) in subsection (a)— in all 50 States, the territories of the United under seal. (A) in paragraph (3) by striking ‘‘telephone States, and the District of Columbia. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in line’’ and inserting ‘‘hotline’’; and (3) Each year, thousands of individuals this section shall be construed or applied so (B) in paragraph (6)(E)— may be trafficked within the United States, as to abridge the exercise of rights guaran- (i) by striking ‘‘telephone line’’ and insert- according to recent estimates from victim teed under the First Amendment to the Con- ing ‘‘hotline’’; advocates. stitution of the United States.’’. (ii) by striking ‘‘(b)(1)(A) and’’ and insert- (4) More accurate and comprehensive data (b) TECHNICAL AND CONFORMING AMEND- ing ‘‘(b)(1)(A),’’; and on the prevalence of human trafficking is MENT.—The table of sections for chapter 77 of needed to properly combat this form of mod- title 18, United States Code, is amended by (iii) by inserting ‘‘, and the number and ern slavery in the United States. inserting after the item relating to section types of reports to the tipline established (5) Victims of human trafficking can in- 1595 the following: under subsection (b)(1)(K)(i)’’ before the clude men, women, and children who are di- ‘‘1595A. Civil injunctions.’’. semicolon at the end; (2) in subsection (b)(1)— verse with respect to race, ethnicity, and na- SEC. 202. IMPROVING SUPPORT FOR MISSING tionality, among other factors. AND EXPLOITED CHILDREN. (A) in subparagraph (A)— (i) by striking ‘‘telephone line’’ each place (6) Since the enactment of the Trafficking (a) FINDINGS.—Section 402 of the Missing Victims Protection Act of 2000 (Public Law Children’s Assistance Act (42 U.S.C. 5771) is it appears and inserting ‘‘hotline’’; and 106–386; 114 Stat. 1464), human traffickers amended— (ii) by striking ‘‘legal custodian’’ and in- have launched increasingly sophisticated (1) by amending paragraph (1) to read as serting ‘‘parent’’; schemes to increase the scope of their activi- follows: (B) in subparagraph (C)— ties and the number of their victims. ‘‘(1) each year tens of thousands of children (i) in clause (i)— (b) SENSE OF CONGRESS.—It is the sense of run away, or are abducted or removed, from (I) by striking ‘‘restaurant’’ and inserting Congress that Congress supports additional the control of a parent having legal custody ‘‘food’’; and efforts to raise awareness of and oppose without the consent of that parent, under (II) by striking ‘‘and’’ at the end; human trafficking. circumstances which immediately place the (ii) in clause (ii) by adding ‘‘and’’ at the TITLE I—FREDERICK DOUGLASS child in grave danger;’’; end; and TRAFFICKING PREVENTION ACT OF 2017 (2) by striking paragraphs (4) and (5); (iii) by adding at the end the following: SEC. 101. TRAINING OF SCHOOL RESOURCE OFFI- (3) in paragraph (6) by inserting ‘‘, includ- ‘‘(iii) innovative and model programs, serv- CERS TO RECOGNIZE AND RESPOND ing child sex trafficking and sextortion’’ ices, and legislation that benefit missing and TO SIGNS OF HUMAN TRAFFICKING. after ‘‘exploitation’’; exploited children;’’; Section 1701(b)(12) of title I of the Omnibus (4) in paragraph (8) by adding ‘‘and’’ at the (C) by striking subparagraphs (E), (F), and Crime Control and Safe Streets Act of 1968 end; (G); (42 U.S.C. 3796dd(b)(12)) is amended by insert- (5) by striking paragraph (9); (D) by amending subparagraph (H) to read ing ‘‘, including the training of school re- (6) by amending paragraph (10) to read as as follows: source officers in the prevention of human follows: ‘‘(H) provide technical assistance and trafficking offenses’’ before the semicolon at ‘‘(10) a key component of such programs is training to families, law enforcement agen- the end. the National Center for Missing and Ex- cies, State and local governments, elements SEC. 102. TRAINING FOR SCHOOL PERSONNEL. ploited Children that— of the criminal justice system, nongovern- ‘‘(A) serves as a nonprofit, national re- Section 41201(f) of the Violence Against mental agencies, local educational agencies, source center and clearinghouse to provide Women Act of 1994 (42 U.S.C. 14043c(f)) is and the general public— assistance to victims, families, child-serving amended by striking ‘‘2014 through 2018’’ and ‘‘(i) in the prevention, investigation, pros- inserting ‘‘2019 through 2022’’. professionals, and the general public; ‘‘(B) works with the Department of Jus- ecution, and treatment of cases involving TITLE II—JUSTICE FOR TRAFFICKING missing and exploited children; VICTIMS tice, the Federal Bureau of Investigation, the United States Marshals Service, the De- ‘‘(ii) to respond to foster children missing SEC. 201. INJUNCTIVE RELIEF. partment of the Treasury, the Department of from the State child welfare system in co- (a) IN GENERAL.—Chapter 77 of title 18, State, U.S. Immigration and Customs En- ordination with child welfare agencies and United States Code, is amended by inserting forcement, the United States Secret Service, courts handling juvenile justice and depend- after section 1595 the following: the United States Postal Inspection Service, ency matters; and ‘‘§ 1595A. Civil injunctions other agencies, and nongovernmental organi- ‘‘(iii) in the identification, location, and ‘‘(a) IN GENERAL.—Whenever it shall appear zations in the effort to find missing children recovery of victims of, and children at risk that any person is engaged or is about to en- and to prevent child victimization; and for, child sex trafficking;’’; gage in any act that constitutes or will con- ‘‘(C) coordinates with each of the missing (E) by amending subparagraphs (I), (J), and stitute a violation of this chapter, chapter children clearinghouses operated by the 50 (K) to read as follows: 110, or chapter 117, or a conspiracy under sec- States, the District of Columbia, Puerto ‘‘(I) provide assistance to families, law en- tion 371 to commit a violation of this chap- Rico, and international organizations to forcement agencies, State and local govern- ter, chapter 110, or chapter 117, the Attorney transmit images and information regarding ments, nongovernmental agencies, child- General may bring a civil action in a district missing and exploited children to law en- serving professionals, and other individuals court of the United States seeking an order forcement agencies, nongovernmental orga- involved in the location and recovery of to enjoin such act. nizations, and corporate partners across the missing and abducted children nationally ‘‘(b) ACTION BY COURT.—The court shall United States and around the world in- and, in cooperation with the Department of proceed as soon as practicable to the hearing stantly.’’; and State, internationally; and determination of a civil action brought (7) by redesignating paragraphs (6), (7), (8), ‘‘(J) provide support and technical assist- under subsection (a), and may, at any time and (10), as amended by this subsection, as ance to child-serving professionals involved before final determination, enter such a re- paragraphs (4), (5), (6), and (7), respectively. in helping to recover missing and exploited (b) DEFINITIONS.—Section 403 of the Miss- straining order or prohibition, or take such children by searching public records data- other action, as is warranted to prevent a ing Children’s Assistance Act (42 U.S.C. 5772) bases to help in the identification, location, continuing and substantial injury to the is amended— and recovery of such children, and help in United States or to any person or class of (1) by striking paragraph (1) and inserting the location and identification of potential persons for whose protection the civil action the following: abductors and offenders; is brought. ‘‘(1) the term ‘missing child’ means any in- ‘‘(c) PROCEDURE.— dividual less than 18 years of age whose ‘‘(K) provide forensic and direct on-site ‘‘(1) IN GENERAL.—A proceeding under this whereabouts are unknown to such individ- technical assistance and consultation to section shall be governed by the Federal ual’s parent;’’; families, law enforcement agencies, child- Rules of Civil Procedure, except that, if an (2) in paragraph (2) by striking ‘‘and’’ at serving professionals, and nongovernmental indictment has been returned against the re- the end; organizations in child abduction and exploi- spondent, discovery shall be governed by the (3) in paragraph (3) by striking the period tation cases, including facial reconstruction Federal Rules of Criminal Procedure. at the end and inserting ‘‘; and’’; and of skeletal remains and similar techniques ‘‘(2) SEALED PROCEEDINGS.—If a civil action (4) by adding at the end the following: to assist in the identification of unidentified is brought under subsection (a) before an in- ‘‘(4) the term ‘parent’ includes a legal deceased children;’’; dictment is returned against the respondent guardian or other individual who may law- (F) by striking subparagraphs (L) and (M); or while an indictment against the respond- fully exercise parental rights with respect to (G) by amending subparagraph (N) to read ent is under seal— the child.’’. as follows:

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.081 S11SEPT1 S5186 CONGRESSIONAL RECORD — SENATE September 11, 2017 ‘‘(N) provide training, technical assistance, (1) by redesignating sections 407 and 408 as Wilberforce Trafficking Victims Protection and information to nongovernmental organi- section 408 and 409, respectively; and Reauthorization Act of 2008 (8 U.S.C. zations relating to non-compliant sex offend- (2) by inserting after section 406 the fol- 1232(c)(6)(F)) is amended— ers and to law enforcement agencies in iden- lowing: (1) in the matter preceding clause (i), by tifying and locating such individuals;’’; ‘‘SEC. 407. REPORTING. striking ‘‘Secretary and Human Services’’ (H) by striking subparagraph (P); ‘‘(a) REQUIRED REPORTING.—As a condition and inserting ‘‘Secretary of Health and (I) by amending subparagraph (Q) to read of receiving funds under section 404(b), the Human Services’’; and as follows: grant recipient shall, based solely on reports (2) in clause (ii), by striking ‘‘the fiscal ‘‘(Q) work with families, law enforcement received by the grantee and not involving years 2016 and 2017’’ and inserting ‘‘fiscal agencies, electronic service providers, elec- any data collection by the grantee other years 2018 through 2021’’. tronic payment service providers, tech- than those reports, annually provide to the (e) REINSTATEMENT AND REAUTHORIZATION nology companies, nongovernmental organi- Administrator and make available to the OF GRANTS TO COMBAT CHILD SEX TRAF- zations, and others on methods to reduce the general public, as appropriate— FICKING.— existence and distribution of online images ‘‘(1) the number of children nationwide (1) REINSTATEMENT OF EXPIRED PROVISION.— and videos of sexually exploited children— who are reported to the grantee as missing; (A) IN GENERAL.—Section 202 of the Traf- ‘‘(i) by operating a tipline to— ‘‘(2) the number of children nationwide ficking Victims Protection Reauthorization ‘‘(I) provide to individuals and electronic who are reported to the grantee as victims of Act of 2005 (42 U.S.C. 14044a) is amended to service providers an effective means of re- non-family abductions; read as such section read on March 6, 2017. porting Internet-related and other instances ‘‘(3) the number of children nationwide (B) CONFORMING AMENDMENT.—Section of child sexual exploitation in the areas of— who are reported to the grantee as victims of 1241(b) of the Violence Against Women Reau- ‘‘(aa) possession, manufacture, and dis- family abductions; and thorization Act of 2013 (42 U.S.C. 14044a note) tribution of child pornography; ‘‘(4) the number of missing children recov- is repealed. ‘‘(bb) online enticement of children for sex- ered nationwide whose recovery was reported (2) EFFECTIVE DATE.—The amendments ual acts; to the grantee. made by paragraph (1) shall take effect as ‘‘(cc) child sex trafficking; ‘‘(b) INCIDENCE OF ATTEMPTED CHILD AB- though enacted on March 6, 2017. ‘‘(dd) sex tourism involving children; DUCTIONS.—As a condition of receiving funds (3) REAUTHORIZATION.—Section 202(i) of the ‘‘(ee) extra familial child sexual molesta- under section 404(b), the grant recipient Trafficking Victims Protection Reauthoriza- tion; shall— tion Act of 2005, as amended by paragraph ‘‘(ff) unsolicited obscene material sent to a ‘‘(1) track the incidence of attempted child (1), is amended by striking ‘‘2014 through child; abductions in order to identify links and pat- 2017’’ and inserting ‘‘2018 through 2021’’. ‘‘(gg) misleading domain names; and terns; ‘‘(hh) misleading words or digital images SEC. 302. ESTABLISHMENT OF OFFICE OF VICTIM ‘‘(2) provide such information to law en- ASSISTANCE. on the Internet; and forcement agencies; and (a) TECHNICAL AMENDMENTS.—Subtitle D of ‘‘(II) make reports received through the ‘‘(3) make such information available to title IV of the Homeland Security Act of 2002 tipline available to the appropriate law en- the general public, as appropriate.’’. forcement agency for its review and poten- (6 U.S.C. 251 et seq.) is amended— SEC. 203. FORENSIC AND INVESTIGATIVE ASSIST- (1) in section 442— tial investigation; ANCE. ‘‘(ii) by operating a child victim identifica- Section 3056(f) of title 18, United States (A) by striking ‘‘bureau’’ each place such tion program to assist law enforcement Code, is amended— term appears, except in subsection (a)(1), and agencies in identifying victims of child por- (1) by inserting ‘‘in conjunction with an in- inserting ‘‘agency’’; nography and other sexual crimes to support vestigation’’ after ‘‘local law enforcement (B) by striking ‘‘the Bureau of Border Se- the recovery of children from sexually ex- agency’’; and curity’’ each place such term appears and in- ploitative situations; and (2) by striking ‘‘in support of any inves- serting ‘‘U.S. Immigration and Customs En- ‘‘(iii) by utilizing emerging technologies to tigation involving missing or exploited chil- forcement’’; provide additional outreach and educational dren’’. (C) in the section heading, by striking ‘‘BU- REAU OF BORDER SECURITY’’ and inserting materials to parents and families;’’; TITLE III—SERVICES FOR TRAFFICKING ‘‘U.S. IMMIGRATION AND CUSTOMS ENFORCE- (J) by striking subparagraph (R); SURVIVORS (K) by amending subparagraphs (S) and (T) MENT’’; SEC. 301. EXTENSION OF ANTI-TRAFFICKING (D) in subsection (a)— to read as follows: GRANT PROGRAMS. (i) in the heading, by striking ‘‘OF BU- ‘‘(S) develop and disseminate programs and (a) TRAFFICKING VICTIMS PROTECTION ACT information to families, child-serving profes- REAU’’; and OF 2000.—The Trafficking Victims Protection (ii) in paragraph (1), by striking ‘‘a bureau sionals, law enforcement agencies, State and Act of 2000 (22 U.S.C. 7101 et seq.) is amend- to be known as the ‘Bureau of Border Secu- local governments, nongovernmental organi- ed— rity’.’’ and inserting ‘‘an agency to be known zations, schools, local educational agencies, (1) in section 112A(b)(4) (22 U.S.C. as ‘U.S. Immigration and Customs Enforce- child-serving organizations, and the general 7109a(b)(4)), by striking ‘‘2014 through 2017’’ ment’.’’; public on— and inserting ‘‘2018 through 2021’’; (iii) in paragraph (3)(C), by striking ‘‘the ‘‘(i) the prevention of child abduction and (2) in section 113 (22 U.S.C. 7110)— Bureau of’’ before ‘‘Citizenship and Immigra- sexual exploitation; (A) in subsection (d)— tion Services’’ and inserting ‘‘U.S.’’; and ‘‘(ii) Internet safety, including tips for so- (i) in the paragraph (1), by striking (iv) in paragraph (4), by striking ‘‘the Bu- cial media and cyberbullying; and ‘‘$11,000,000 for each of fiscal years 2014 reau.’’ and inserting ‘‘the agency.’’; and ‘‘(iii) sexting and sextortion; and through 2017’’ and inserting ‘‘$45,000,000 for (E) in subsection (b)(2)— ‘‘(T) provide technical assistance and each of fiscal years 2018 through 2021’’; and (i) in the matter preceding subparagraph training to local educational agencies, (ii) in paragraph (3), by striking ‘‘2014 (A), by striking ‘‘Bureau of Border Security’’ schools, State and local law enforcement through 2017’’ and inserting ‘‘2018 through and inserting ‘‘U.S. Immigration and Cus- agencies, individuals, and other nongovern- 2021’’; and toms Enforcement’’; and mental organizations that assist with find- (B) in subsection (e)— (ii) in subparagraph (B), by striking ‘‘the ing missing and abducted children in identi- (i) in paragraph (1), by striking ‘‘2014 Bureau of’’ before ‘‘Citizenship and Immigra- fying and recovering such children;’’; and through 2017’’ and inserting ‘‘2018 through tion Services’’ and inserting ‘‘U.S.’’; and (L) by redesignating subparagraphs (H), (I), 2021’’; and (2) in section 443(2), by striking ‘‘such bu- (J), (K), (N), (O), (Q), (S), (T), (U), and (V), as (ii) in paragraph (2), by striking ‘‘2014 reau’’ and inserting ‘‘such agency’’. amended by this subsection, as subpara- through 2017’’ and inserting ‘‘2018 through (b) FORMALIZATION OF OFFICE OF VICTIM AS- graphs (E) through (O), respectively. 2021’’; and SISTANCE.—Section 442 of the Homeland Se- (d) GRANTS.—Section 405 of the Missing (C) in subsection (f), by striking ‘‘2014 curity Act of 2002 (6 U.S.C. 252) is amended Children’s Assistance Act (42 U.S.C. 5775) is through 2017’’ and inserting ‘‘2018 through by adding at the end the following: amended— 2021’’. ‘‘(d) OFFICE OF VICTIM ASSISTANCE.— (1) in subsection (a)— (b) ANNUAL TRAFFICKING CONFERENCE.— (A) in paragraph (7) by striking ‘‘(as de- Section 201(c)(2) of the Trafficking Victims ‘‘(1) IN GENERAL.—There is established in fined in section 403(1)(A))’’; and Protection Reauthorization Act of 2005 (42 Homeland Security Investigations of U.S. (B) in paragraph (8)— U.S.C. 14044(c)(2)) is amended by striking Immigration and Customs Enforcement the (i) by striking ‘‘legal custodians’’ and in- ‘‘2017’’ and inserting ‘‘2021’’. Office of Victim Assistance. serting ‘‘parents’’; and (c) GRANTS TO STATE AND LOCAL LAW EN- ‘‘(2) PURPOSE.—The purpose of the Office of (ii) by striking ‘‘custodians’ ’’ and inserting FORCEMENT FOR ANTI-TRAFFICKING PRO- Victim Assistance shall be— ‘‘parents’ ’’; and GRAMS.—Section 204(e) of the Trafficking ‘‘(A) to provide national oversight to en- (2) in subsection (b)(1)(A) by striking Victims Protection Reauthorization Act of sure that all employees of the U.S. Immigra- ‘‘legal custodians’’ and inserting ‘‘parents’’. 2005 (42 U.S.C. 14044c(e)) is amended by strik- tion and Customs Enforcement comply with (e) REPORTING.—The Missing Children’s As- ing ‘‘2017’’ and inserting ‘‘2021’’. all applicable Federal laws and policies con- sistance Act (42 U.S.C. 5771 et seq.) is amend- (d) CHILD ADVOCATES FOR UNACCOMPANIED cerning victims’ rights, access to informa- ed— MINORS.—Section 235(c)(6)(F) of the William tion, advisement of legal rights, just and fair

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.081 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5187 treatment of victims, and respect for vic- tion Act of 2000 (22 U.S.C. 7103(d)(7)) is 106–386) is amended by inserting after the tims’ privacy and dignity; amended— item relating to section 107A the following: ‘‘(B) to oversee and support specially (1) in subparagraph (Q)(vii), by striking ‘‘Sec. 107B. Improving domestic victim trained victim assistance personnel through ‘‘and’’ at the end; screening procedures.’’. guidance, training, travel, technical assist- (2) in subparagraph (R), by striking the pe- (c) AMENDMENT TO TITLE 18.—Section 1593A ance, and equipment to support Homeland riod at the end and inserting ‘‘; and’’; and of title 18, United States Code, is amended by Security Investigations in domestic and (3) by adding at the end the following: striking ‘‘section 1581(a), 1592, or 1595(a)’’ and international investigations with a potential ‘‘(S) the data collected by Homeland Secu- inserting ‘‘this chapter’’. or identified victim or witness. rity Investigations of U.S. Immigration and SEC. 305. IMPROVING VICTIM SERVICES. ‘‘(3) FUNCTIONS.—The Office of Victim As- Customs Enforcement under section 442(d)(4) Section 1402(d)(3) of the Victims of Crime sistance shall— of the Homeland Security Act of 2002.’’. Act of 1984 (42 U.S.C. 10601(d)(3)) is amended ‘‘(A) fund and provide guidance, training, (d) CONFORMING AMENDMENT.—The table of by adding at the end the following: travel, technical assistance, equipment, contents in section 1(b) of the Homeland Se- ‘‘(C)(i) The Director may use not more emergency funding for urgent victim needs curity Act of 2002 (Public Law 107–296; 116 than 1 percent of the amount to be distrib- as identified, and coordination of victim as- Stat. 2135) is amended by striking the item uted from the Fund under this paragraph in sistance personnel throughout Homeland Se- relating to section 442 and inserting the fol- a particular fiscal year to provide and im- curity Investigations to provide potential lowing: prove direct assistance services for crime and identified victims and witnesses with ac- ‘‘Sec. 442. Establishment of U.S. Immigra- victims, including victim assistance coordi- cess to the rights and services to which they tion and Customs Enforce- nators and specialists, in the Federal crimi- are entitled by law; ment.’’. nal justice system (as described in section ‘‘(B) provide training throughout the U.S. 3771 of title 18, United States Code, and sec- Immigration and Customs Enforcement on SEC. 303. IMPLEMENTING A VICTIM-CENTERED APPROACH TO HUMAN TRAF- tion 503 of the Victims’ Rights and Restitu- victim-related policies, issues, roles of vic- FICKING. tion Act of 1990 (42 U.S.C. 10607)) by a depart- tim assistance personnel, and the victim- Section 107(b)(2) of the Trafficking Victims ment or agency of the Federal Government centered approach in investigations; Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is other than the Department of Justice. ‘‘(C) provide victim assistance specialists amended— ‘‘(ii) Beginning in the first fiscal year be- to assess victims’ needs, provide referrals for (1) in subparagraph (B)(ii), by striking the ginning after the date of enactment of this comprehensive assistance, and work with period at the end and inserting ‘‘; and’’; and subparagraph and every fiscal year there- special agents to integrate victim assistance (2) by adding at the end the following: after, the Director shall solicit requests for considerations throughout the investigation funding under clause (i). ‘‘(D) PRIORITY.—In selecting recipients of and judicial processes, as needed, by locating grants under this paragraph that are only ‘‘(iii) Before amounts are distributed from such specialists— available for law enforcement operations or the Fund to a department or agency for the ‘‘(i) where there is a human trafficking task forces, the Attorney General may give purpose described in clause (i), the Director task force in which Homeland Security In- priority to any applicant that files an attes- shall evaluate whether the activities pro- vestigations participates; tation with the Attorney General stating posed to be carried out by such department ‘‘(ii) where there is a task force targeting or agency would duplicate services that are that— child sexual exploitation in which Homeland provided by another department or agency of ‘‘(i) the grant funds awarded under this Security Investigations participates; and the Federal Government (including the De- paragraph— ‘‘(iii) in each Homeland Security Investiga- partment of Justice) using amounts from the ‘‘(I) will be used to assist in the prevention tions Special Agent in Charge Office to ad- Fund, and impose measures to avoid such du- of severe forms of trafficking in persons; dress victims of other Federal crimes, such plication to the greatest extent possible.’’. as telemarketing fraud, which Homeland Se- ‘‘(II) will be used to strengthen efforts to investigate and prosecute those who know- TITLE IV—IMPROVED DATA COLLECTION curity Investigations investigates; AND INTERAGENCY COORDINATION ‘‘(D) provide forensic interview specialists ingly benefit financially from participation in a venture that has engaged in any act of SEC. 401. PROMOTING DATA COLLECTION ON in each Homeland Security Investigations HUMAN TRAFFICKING. Special Agent in Charge Office to conduct human trafficking; ‘‘(III) will be used to take affirmative (a) PREVALENCE OF HUMAN TRAFFICKING.— victim-centered and legally sufficient fact Not later than 1 year after the date of enact- finding forensic interviews, both domesti- measures to avoid arresting, charging, or prosecuting victims of human trafficking for ment of this Act, the Attorney General shall cally and internationally; submit to Congress a report on the efforts of ‘‘(E) provide case consultation, operational any offense that is the direct result of their victimization; and the National Institute of Justice to develop planning, coordination of services, and tech- a methodology to assess the prevalence of nical assistance and training to special ‘‘(IV) will not be used to require a victim of human trafficking to collaborate with law human trafficking in the United States, in- agents regarding all issues related to victims cluding a timeline for completion of the enforcement officers as a condition of access and witnesses of all ages; methodology. to any shelter or restorative services; and ‘‘(F) establish victim-related policies for (b) INNOCENCE LOST NATIONAL INITIATIVE.— Homeland Security Investigations, including ‘‘(ii) the applicant will provide dedicated Not later than 180 days after the date of en- policies related to human trafficking, child resources for anti-human trafficking law en- actment of this Act, the Director of the Fed- sexual exploitation, and other Federal forcement officers for a period that is longer eral Bureau of Investigation shall submit to crimes investigated by Homeland Security than the duration of the grant received the Committee on the Judiciary and the Investigations; and under this paragraph.’’. Committee on Appropriations of the Senate ‘‘(G) collaborate with other Federal, State, SEC. 304. IMPROVING VICTIM SCREENING. and the Committee on the Judiciary and the local, and tribal governmental, nongovern- (a) IN GENERAL.—The Trafficking Victims Committee on Appropriations of the House mental, and nonprofit entities regarding pol- Protection Act of 2000 (22 U.S.C. 7101 et seq.) of Representatives a report on the status of icy, outreach, and training activities. is amended by inserting after section 107A the Innocence Lost National Initiative, ‘‘(4) DATA COLLECTION.—The Office of Vic- (22 U.S.C. 7105a) the following: which shall include, for each of the last 5 fis- tim Assistance shall collect and maintain ‘‘SEC. 107B. IMPROVING DOMESTIC VICTIM cal years, information on— data in a manner that protects the confiden- SCREENING PROCEDURES. (1) the number of human traffickers who tiality of the data and omits personally iden- ‘‘(a) VICTIM SCREENING TOOLS.—Not later were arrested, disaggregated by— tifying information and subject to other Fed- than October 1, 2018, the Attorney General (A) the number of individuals arrested for eral laws regarding victim confidentiality, shall compile and disseminate, to all grant- patronizing or soliciting an adult; including— ees who are awarded grants to provide vic- (B) the number of individuals arrested for ‘‘(A) the sex and race of the victim; tims’ services under subsection (b) or (f) of recruitment, harboring, maintaining, or ob- ‘‘(B) each alleged crime that the victim section 107, information about reliable and taining an adult; was subjected to, and in the case of human effective tools for the identification of vic- (C) the number of individuals arrested for trafficking, each purpose for which the vic- tims of human trafficking. patronizing or soliciting a minor; and tim was trafficked, such as commercial sex ‘‘(b) USE OF SCREENING PROCEDURES.—Be- (D) the number of individuals arrested for or forced labor; and ginning not later than October 1, 2018, the recruitment, harboring, maintaining, or ob- ‘‘(C) whether the victim was an adult or a Attorney General, in consultation with the taining a minor; minor child. Secretary of Health and Human Services, (2) the number of adults who were arrested ‘‘(5) AVAILABILITY OF DATA TO CONGRESS.— shall identify recommended practices for the on charges of prostitution; The Office of Victim Assistance shall make screening of human trafficking victims and (3) the number of minor victims who were the data collected and maintained under shall encourage the use of such practices by identified; paragraph (4) available to the committees of grantees receiving a grant to provide victim (4) the number of minor victims who were Congress set forth in section 105(d)(7) of the services to youth under subsection (b) or (f) arrested and formally petitioned by a juve- Trafficking Victims Protection Act of 2000 of section 107.’’. nile court or criminally charged; and (22 U.S.C. 7103(d)(7)).’’. (b) CLERICAL AMENDMENT.—The table of (5) the placement of and social services (c) REPORTING REQUIREMENT.—Section contents for the Victims of Trafficking and provided to each such minor victim as part 105(d)(7) of the Trafficking Victims Protec- Violence Protection Act of 2000 (Public Law of each State operation.

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(c) AVAILABILITY OF REPORTS.—The reports periodically, but not less frequently than (1) in subsection (c)(1)(A)— required under subsections (a) and (b) shall once every 2 years, implement improvements (A) in clause (i), by striking the ‘‘and’’ at be posted on the website of the Department to the training programs on human traf- the end; of Justice. ficking for employees of the Department of (B) in clause (ii), by striking the period at SEC. 402. CRIME REPORTING. Justice, Department of Homeland Security, the end and inserting a semicolon; and Section 7332(c) of the Uniform Federal and Department of Labor, respectively, after (C) by adding at the end the following: Crime Reporting Act of 1988 (28 U.S.C. 534 consultation with survivors of human traf- ‘‘(iii) individually screening all adults and note) is amended— ficking, or trafficking victims service pro- children who are suspected of engaging in (1) in paragraph (3), by striking ‘‘in the viders, and Federal law enforcement agen- commercial sex acts or who are subject to form of annual Uniform Crime Reports for cies responsible for the prevention, deter- labor exploitation that may be in violation the United States’’ and inserting ‘‘not less rence, and prosecution of offenses involving of child labor laws to determine whether frequently than annually’’; and human trafficking (such as individuals serv- each individual screened is a victim of (2) by adding at the end the following: ing as, or who have served as, investigators human trafficking; and in a Federal agency and who have expertise ‘‘(4) INTERAGENCY COORDINATION.— ‘‘(iv) how— in identifying human trafficking victims and ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(I) victims of sex or labor trafficking after the date of enactment of this para- investigating human trafficking cases). often engage in criminal acts as a direct re- (b) ADVANCED TRAINING CURRICULUM.— graph, the Director of the Federal Bureau of sult of severe trafficking in persons; and (1) IN GENERAL.—Not later than 1 year after ‘‘(II) such individuals are victims of a Investigation shall coordinate with the head the date of enactment of this Act, the Attor- crime and affirmative measures should be of each department or agency within the ney General and the Secretary of Homeland taken to avoid arresting, charging, or pros- Federal Government that is subject to the Security shall develop an advanced training ecuting such individuals for any offense that mandatory reporting requirements under curriculum, to supplement the basic cur- is the direct result of their victimization.’’; paragraph (2) for the purpose of ensuring suc- riculum for investigative personnel of the cessful implementation of paragraph (2). Department of Justice and the Department and ‘‘(B) FOR REPORT.—Not later than 6 months of Homeland Security, respectively, that— (2) by adding at the end the following: after the date of enactment of this para- (A) emphasizes a multidisciplinary, col- ‘‘(f) DEPARTMENT OF JUSTICE VICTIM graph, the head of each department or agen- laborative effort by law enforcement officers SCREENING PROTOCOL.— cy within the Federal Government that is who provide a broad range of investigation ‘‘(1) IN GENERAL.—Not later than 180 days subject to the mandatory reporting require- and prosecution options in response to per- after the date of enactment of this sub- ments under paragraph (2) shall provide the petrators, and victim service providers, who section, the Attorney General shall issue a Director of the Federal Bureau of Investiga- offer services and resources for victims; screening protocol for use during all anti- tion such information as the Director deter- (B) provides guidance about the recruit- trafficking law enforcement operations in mines is necessary to complete the first re- ment techniques employed by human traf- which the Department of Justice is involved. port required under paragraph (5). fickers to clarify that an individual who ‘‘(2) REQUIREMENTS.—The protocol required ‘‘(5) ANNUAL REPORT BY FEDERAL BUREAU OF knowingly solicits or patronizes a commer- to be issued under paragraph (1) shall— INVESTIGATION.—Not later than 1 year after cial sex act from a person who was a minor ‘‘(A) require the individual screening of all the date of enactment of this paragraph, and (consistent with section 1591(c) of title 18, adults and children who are suspected of en- annually thereafter, the Director of the Fed- United States Code) or was subject to force, gaging in commercial sex acts or who are eral Bureau of Investigation shall prepare fraud, or coercion is guilty of an offense subject to labor exploitation that may be in and submit to the Committee on the Judici- under chapter 77 of title 18, United States violation of child labor laws to determine ary of the Senate and the Committee on the Code, and is a party to a human trafficking whether each individual screened is a victim Judiciary of the House of Representatives a offense; and of human trafficking; report detailing the efforts of the depart- (C) explains that— ‘‘(B) require affirmative measures to avoid ments and agencies within the Federal Gov- (i) victims of sex or labor trafficking often arresting, charging, or prosecuting human ernment to come into compliance with para- engage in criminal acts as a direct result of trafficking victims for any offense that is graph (2). The report shall contain a list of severe trafficking in persons and such indi- the direct result of their victimization; all departments and agencies within the Fed- viduals are victims of a crime and affirma- ‘‘(C) require all Federal law enforcement eral Government subject to paragraph (2) tive measures should be taken to avoid ar- officers and relevant department personnel and whether each department or agency is in resting, charging, or prosecuting such indi- who participate in human trafficking inves- compliance with paragraph (2).’’. viduals for any offense that is the direct re- tigations to receive training on enforcement SEC. 403. HUMAN TRAFFICKING ASSESSMENT. sult of their victimization; and of the protocol; Not later than 1 year after the date of en- (ii) a comprehensive approach to elimi- ‘‘(D) be developed in consultation with actment of this Act, and annually thereafter, nating human trafficking should include de- State and local law enforcement agencies, the Executive Associate Director of Home- mand reduction as a component. the Department of Health and Human Serv- ices, survivors of human trafficking, and land Security Investigations shall submit to (2) USE OF CURRICULUM.—The Attorney the Committee on Homeland Security and General and the Secretary of Homeland Se- nongovernmental organizations that spe- Governmental Affairs and the Committee on curity shall provide training using the cur- cialize in the identification, prevention, and the Judiciary of the Senate, and the Com- riculum developed under paragraph (1) to— restoration of victims of human trafficking; mittee on Homeland Security and the Com- (A) all law enforcement officers employed and mittee on the Judiciary of the House of Rep- by the Department of Justice and the De- ‘‘(E) include— resentatives a report on human trafficking partment of Homeland Security, respec- ‘‘(i) procedures and practices to ensure investigations undertaken by Homeland Se- tively, who may be involved in the investiga- that the screening process minimizes trauma curity Investigations that includes— tion of human trafficking offenses; and or revictimization of the person being (1) the number of confirmed human traf- (B) members of task forces that participate screened; and ficking investigations by category, including in the investigation of human trafficking of- ‘‘(ii) guidelines on assisting victims of labor trafficking, sex trafficking, and fenses. human trafficking in identifying and receiv- transnational and domestic human traf- (c) TRAINING COMPONENTS.—Section ing victim services.’’. ficking; 107(c)(4)(B) of the Trafficking Victims Pro- SEC. 503. JUDICIAL TRAINING. (2) the number of victims by category, in- tection Act of 2000 (22 U.S.C. 7105(c)(4)(B)) is Section 223(b)(2) of the Victims of Child cluding— amended— Abuse Act of 1990 (42 U.S.C. 13023(b)(2)) is (A) whether the victim is a victim of sex (1) in clause (ii), by striking ‘‘and’’ at the amended— trafficking or a victim of labor trafficking; end; (1) in subparagraph (B) by striking ‘‘and’’ and (2) in clause (iii), by striking the period at at the end; (B) whether the victim is a minor or an the end and inserting ‘‘; and’’; and (2) in subparagraph (C) by striking the pe- adult; and (3) by adding at the end the following: riod at the end and inserting ‘‘; and’’; and (3) an analysis of the data described in ‘‘(iv) a discussion clarifying that an indi- (3) by adding at the end the following: paragraphs (1) and (2) and other data avail- vidual who knowingly solicits or patronizes ‘‘(D) procedures for improving the judicial able to Homeland Security Investigations a commercial sex act from a person who was response to children who are vulnerable to that indicates any general human trafficking a minor (consistent with section 1591(c) of human trafficking, to the extent an appro- or investigatory trends. title 18, United States Code) or was subject priate screening tool exists.’’. TITLE V—TRAINING AND TECHNICAL to force, fraud, or coercion is guilty of an of- SEC. 504. TRAINING OF TRIBAL LAW ENFORCE- ASSISTANCE fense under chapter 77 of title 18, United MENT AND PROSECUTORIAL PER- SEC. 501. ENCOURAGING A VICTIM-CENTERED AP- States Code, and is a party to a human traf- SONNEL. PROACH TO TRAINING OF FEDERAL ficking offense.’’. The Attorney General, in consultation LAW ENFORCEMENT PERSONNEL. SEC. 502. VICTIM SCREENING TRAINING. with the Director of the Office of Tribal Jus- (a) TRAINING CURRICULUM IMPROVEMENTS.— Section 114 of the Justice for Victims of tice, shall carry out a program under which The Attorney General, Secretary of Home- Trafficking Act of 2015 (42 U.S.C. 14044g) is tribal law enforcement officials may receive land Security, and Secretary of Labor shall amended— technical assistance and training to pursue a

VerDate Sep 11 2014 05:10 Sep 12, 2017 Jkt 069060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.081 S11SEPT1 September 11, 2017 CONGRESSIONAL RECORD — SENATE S5189 victim-centered approach to investigating (C) 1 member of the Council, after con- Senate completes its business today, it and prosecuting severe forms of trafficking sultation with the Speaker of the House of adjourn until 10 a.m., Tuesday, Sep- in persons (as defined in section 103 of the Representatives; tember 12; further, that following the Trafficking Victims Protection Act of 2000 (D) 1 member of the Council, after con- prayer and pledge, the morning hour be (22 U.S.C. 7102)). sultation with the Minority Leader of the deemed expired, the Journal of pro- TITLE VI—ACCOUNTABILITY House of Representatives; and ceedings be approved to date, the time SEC. 601. GRANT ACCOUNTABILITY. (E) the remaining members of the Council. Section 1236 of the Violence Against (4) TERM; REAPPOINTMENT.—Each member for the two leaders be reserved for their Women Reauthorization Act of 2013 (22 of the Council— use later in the day, and morning busi- U.S.C. 7113) is amended— (A) shall serve for a term of 2 years; and ness be closed; further, that following (1) in the matter preceding paragraph (1), (B) may be reappointed by the President to leader remarks, the Senate resume by striking ‘‘All grants’’ and inserting the serve 1 additional 2-year term. consideration of the motion to proceed following: (5) EMPLOYEE STATUS.—Members of the to H.R. 2810, postcloture; further, that Council— ‘‘(a) IN GENERAL.—For fiscal year 2013, and the Senate recess from 12:30 p.m. until each fiscal year thereafter, all grants’’; and (A) shall not be considered employees of (2) by adding at the end the following: the Federal Government for any purpose; 2:15 p.m. to allow for the weekly con- ‘‘(b) APPLICATION TO ADDITIONAL GRANTS.— and ference meetings; finally, that all time For purposes of subsection (a), for fiscal year (B) shall not receive compensation. during morning business, leader re- 2018, and each fiscal year thereafter, the (c) FUNCTIONS.—The Council shall— marks, recess, and adjournment count term ‘grant awarded by the Attorney Gen- (1) be a nongovernmental advisory body to postcloture on the motion to proceed eral under this title or an Act amended by the Group; to H.R. 2810. this title’ includes a grant under any of the (2) meet, at its own discretion or at the re- The PRESIDING OFFICER. Is there following: quest of the Group, not less frequently than ‘‘(1) Section 223 of the Victims of Child objection? annually, to review Federal Government pol- Without objection, it is so ordered. Abuse Act of 1990 (42 U.S.C. 13023). icy and programs intended to combat human ‘‘(2) The program under section 504 of the trafficking, including programs relating to f Trafficking Victims Protection Act of 2017.’’. the provision of services for victims; ADJOURNMENT UNTIL 10 A.M. TITLE VII—PUBLIC-PRIVATE PARTNER- (3) serve as a point of contact, with the TOMORROW SHIP ADVISORY COUNCIL TO END United States Advisory Council on Human HUMAN TRAFFICKING Trafficking, for Federal agencies reaching Mr. MCCONNELL. Mr. President, if SEC. 701. SHORT TITLE. out to human trafficking nonprofit groups there is no further business to come be- This title may be cited as the ‘‘Public-Pri- and nongovernmental organizations for fore the Senate, I ask unanimous con- vate Partnership Advisory Council to End input on programming and policies relating sent that it stand adjourned under the Human Trafficking Act’’. to human trafficking in the United States; previous order. SEC. 702. DEFINITIONS. (4) formulate assessments and rec- There being no objection, the Senate, In this Act: ommendations to ensure that the policy and at 7:44 p.m., adjourned until Tuesday, (1) COUNCIL.—The term ‘‘Council’’ means programming efforts of the Federal Govern- the Public-Private Partnership Advisory ment conform, to the extent practicable, to September 12, 2017, at 10 a.m. Council to End Human Trafficking. the best practices in the field of human traf- f (2) GROUP.—The term ‘‘Group’’ means the ficking prevention and rehabilitation and NOMINATIONS Senior Policy Operating Group established aftercare of human trafficking victims; and under section 105(g) of the Trafficking Vic- (5) meet with the Group not less frequently Executive nominations received by tims Protection Act of 2000 (22 U.S.C. than annually, and not later than 45 days be- the Senate: 7103(g)). fore a meeting with the Task Force, to for- DEPARTMENT OF JUSTICE (3) TASK FORCE.—The term ‘‘Task Force’’ mally present the findings and recommenda- SCOTT W. BRADY, OF PENNSYLVANIA, TO BE UNITED means the President’s Interagency Task tions of the Council. STATES ATTORNEY FOR THE WESTERN DISTRICT OF Force to Monitor and Combat Trafficking es- (d) NONAPPLICABILITY OF FACA.—The PENNSYLVANIA FOR THE TERM OF FOUR YEARS, VICE tablished under section 105(a) of the Traf- Council shall not be subject to the require- DAVID J. HICKTON, RESIGNED. BOBBY L. CHRISTINE, OF GEORGIA, TO BE UNITED ficking Victims Protection Act of 2000 (22 ments under the Federal Advisory Com- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF U.S.C. 7103(a)). mittee Act (5 U.S.C. App.). GEORGIA FOR THE TERM OF FOUR YEARS, VICE EDWARD J. TARVER, RESIGNED. SEC. 703. PUBLIC-PRIVATE PARTNERSHIP ADVI- SEC. 704. REPORTS. SORY COUNCIL TO END HUMAN DAVID J. FREED, OF PENNSYLVANIA, TO BE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF TRAFFICKING. Not later than 1 year after the date of the enactment of this Act and annually there- PENNSYLVANIA FOR THE TERM OF FOUR YEARS, VICE (a) ESTABLISHMENT.—There is established PETER J. SMITH, RESIGNED. the Public-Private Partnership Advisory after until the date described in section 705, ANDREW E. LELLING, OF MASSACHUSETTS, TO BE Council to End Human Trafficking, which the Council, in coordination with the United UNITED STATES ATTORNEY FOR THE DISTRICT OF MAS- States Advisory Council on Human Traf- SACHUSETTS FOR THE TERM OF FOUR YEARS, VICE CAR- shall provide advice and recommendations to MEN MILAGROS ORTIZ, RESIGNED. the Group and the Task Force. ficking, shall submit a report containing the STEPHEN R. MCALLISTER, OF KANSAS, TO BE UNITED (b) MEMBERSHIP.— findings derived from the reviews conducted STATES ATTORNEY FOR THE DISTRICT OF KANSAS FOR pursuant to section 3(c)(2) to— THE TERM OF FOUR YEARS, VICE BARRY R. GRISSOM, (1) COMPOSITION.—The Council shall be RESIGNED. composed of not fewer than 8 and not more (1) the Committee on Appropriations of the RONALD A. PARSONS, JR., OF SOUTH DAKOTA, TO BE than 14 representatives of nongovernmental Senate; UNITED STATES ATTORNEY FOR THE DISTRICT OF (2) the Committee on Foreign Relations of SOUTH DAKOTA FOR THE TERM OF FOUR YEARS, VICE organizations, academia, and nonprofit BRENDAN V. JOHNSON, RESIGNED. groups who have significant knowledge and the Senate; DEPARTMENT OF DEFENSE experience in human trafficking prevention (3) the Committee on Homeland Security and eradication, identification of human and Governmental Affairs of the Senate; JAMES F. GEURTS, OF PENNSYLVANIA, TO BE AN AS- SISTANT SECRETARY OF THE NAVY, VICE SEAN JOSEPH trafficking, and services for human traf- (4) the Committee on the Judiciary of the STACKLEY. ficking victims. Senate; DEPARTMENT OF TRANSPORTATION (2) REPRESENTATION OF NONPROFIT AND NON- (5) the Committee on Appropriations of the GOVERNMENTAL ORGANIZATIONS.—To the ex- House of Representatives; HOWARD R. ELLIOTT, OF INDIANA, TO BE ADMINIS- TRATOR OF THE PIPELINE AND HAZARDOUS MATERIALS tent practicable, members of the Council (6) the Committee on Foreign Affairs of the SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPOR- shall be representatives of nonprofit groups, House of Representatives; TATION, VICE MARIE THERESE DOMINGUEZ. academia, and nongovernmental organiza- (7) the Committee on Homeland Security PAUL TROMBINO III, OF WISCONSIN, TO BE ADMINIS- TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION, tions who accurately reflect the diverse of the House of Representatives; VICE GREGORY GUY NADEAU. backgrounds related to work in the preven- (8) the Committee on the Judiciary of the DEPARTMENT OF STATE tion, eradication, and identification of House of Representatives; REBECCA ELIZA GONZALES, OF TEXAS, A CAREER human trafficking and services for human (9) the chair of the Task Force; and MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF trafficking victims in the United States and (10) the members of the Group. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- internationally. SEC. 705. SUNSET. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF LESOTHO. PPOINTMENT (3) A .—Not later than 180 days The Council shall terminate on September CARLA SANDS, OF CALIFORNIA, TO BE AMBASSADOR after the date of the enactment of this Act, 30, 2020. EXTRAORDINARY AND PLENIPOTENTIARY OF THE the President shall appoint— UNITED STATES OF AMERICA TO THE KINGDOM OF DEN- f MARK. (A) 1 member of the Council, after con- MANISHA SINGH, OF FLORIDA, TO BE AN ASSISTANT sultation with the President Pro Tempore of ORDERS FOR TUESDAY, SECRETARY OF STATE (ECONOMIC AND BUSINESS AF- the Senate; SEPTEMBER 12, 2017 FAIRS), VICE CHARLES HAMMERMAN RIVKIN. (B) 1 member of the Council, after con- DEPARTMENT OF JUSTICE Mr. MCCONNELL. Mr. President, I sultation with the Minority Leader of the JOHN F. BASH, OF TEXAS, TO BE UNITED STATES AT- Senate; ask unanimous consent that when the TORNEY FOR THE WESTERN DISTRICT OF TEXAS FOR

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THE TERM OF FOUR YEARS, VICE ROBERT LEE PITMAN, DEPARTMENT OF JUSTICE THE JUDICIARY RESIGNED. R. ANDREW MURRAY, OF NORTH CAROLINA, TO BE MATTHEW SPENCER PETERSEN, OF VIRGINIA, TO BE THE JUDICIARY UNITED STATES ATTORNEY FOR THE WESTERN DIS- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF WALTER DAVID COUNTS III, OF TEXAS, TO BE UNITED TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR COLUMBIA, VICE RICHARD W. ROBERTS, RETIRED. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT YEARS, VICE ANNE M. TOMPKINS, RESIGNED. OF TEXAS, VICE ROBERT A. JUNELL, RETIRED.

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